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HomeMy WebLinkAbout07/11/2017�ORIpi BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JULY 11, 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.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Month of July 2017 as Parks and Recreation Month 5.11. Presentation by Daisy Packer, Executive Director, Keep Indian River Beautiful of KIRB's Recycling Excellence Award from Keep Florida Beautiful 5.C. Presentation by Dina Reider-Hicks, Waste Management, Inc. of Florida, regarding Commercial Recycling Promotion in Indian River County 6. APPROVAL OF MINUTES 6.A. Regular Meeting of June 6, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION July 11, 2017 Page 1 of 6 7.A. Proclamation and Retirement Award Honoring James Emerick on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue Division with Twenty -Nine Years of Service 7.B. Notice of Application for Division of Historic Resources Special Category Grant for the Kroegel Homestead Conservation Area 7.C. Florida Public Service Commission Order No. PSC -17 -0230 -TRF -EI In re: Petition for approval of revised customer security deposit tariff sheets, by Florida Power & Light Company, is on file for review in the Office of the Clerk to the Board. 7.D. Florida Public Service Commission Order No. PSC -17 -0229 -TRF -EI In re: Petition for approval of revisions to tariff sheet Nos. 4.070 and 4.080, deposit requirements and customer billing, by Duke Energy Florida, LLC, is on file for review in the Office of the Clerk to the Board. 7.E. Florida Public Service Commission Memorandum Re: Docket No. 0170077 -EQ - Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company 7.F. Florida Public Service Commission --Commission Conference Agenda for the conference commencing at 9:30 a.m. on Thursday, July 13, 2017.is available for review in the office of the Clerk to the Board. 7.G. Economic Development Council Resignation -Vacancy 7.H.. Indian River County Venue Event Calendar Review 7.I. Update on All Aboard Florida/Vero Electric Expenses 8. CONSENT AGENDA 8.A. Checks and Electronic Payments June 9, 2017 to June 15, 2017 8.B. Checks and Electronic Payments June 16, 2017 to June 22, 2017 8.C. Checks and Electronic Payments June 23, 2017 to June 29, 2017 8.D. Approval of Administrative Policies AM -702.2 Family and Medical Leave (FMLA), AM -701.1 Attendance and Punctuality, AM -301.3 Overtime, AM 301.1 Payroll/Salary Administration, and AM -501.1 Disclosure of Benefits 8.E.. Modification of Fee Schedule for Eminent Domain Legal Services 8.F. Escambia County Housing Finance Authority Resolution 8.G. Airport Zoning Regulations Interlocal Agreement - City of Sebastian 8.H. Recommended Selection of Consultants for RFQ 2017029 Asset Management Services for Utilities 8.I. Recommended. Selection of Consultants for RFP 2017045- Benefits Consultant/Broker/Actuarial Services July 11., 2017 Page 2 of 6 8.1 Approval of Master Agreement for Building Division Document Imaging Services and Products with DataBank IMX 8.K Award of Bid 2017052 - Fairgrounds Roof Coating 8.L. Miscellaneous Budget Amendment 019 8.M. Work Order No. 2, Masteller & Moler, Inc. Amendment No. 3IRC Courthouse Judges Security Upgrades 8.N. CR 510/58th Avenue Intersection - Advance Acquisition Wabasso Hillside, LLC - 8495 58th Avenue, Vero Beach, FL 32967 . 8.0. Resolution Requesting Funding Assistance from State of Florida Beach Erosion Control Program - FY 2018/19 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS . 10.A.1. Final 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] 10.A.2. Consideration of Land Development Regulations (LDR) Amendment for Mixed Use Regulations Consistent with Proposed Policy 5.6 Provisions for SR 60/IRSC (Indian River State College) Mixed Use Development [Legislative] 10.A.3. Consideration of Land Development Regulation (LDR) Amendment to Chapter 926, Establishing Provision and Criteria for Reducing Landscape Requirements for Projects in Remote Agricultural Areas [Legislative] 10.A.4. Appeal by Hal & Martha McAdams of a Decision by the Planning & Zoning Commission to Deny a Side Yard Setback Variance of 5' Feet for a Pool Enclosure on Lot 3, Block 1, Diana Park Subdivision [VAR -17-05-01 / 92080125-78723] [Quasi -Judicial] 10.A.5. Ordinance Concerning Medical Cannabis (Continued from June 13, 2017 and June 20, 2017) [Legislative] B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak from Ardra Rigby and Bill Rigby Regarding Drainage and Sewer Services in the Wabasso Community 10.B.2. Request to Speak from Wanda Scott, Gifford Economic Development Council, Regarding Gifford Economic Development Follow -Up 10.11.3. Request to Speak from Daniel De Liege, President/CEO, Alliance Bioenergy Regarding Update on Acquisition of former INEOS site. July 11, 2017 Page 3 of 6 C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Scheduled Public Hearing on July 18, 2017: to Consider North Sebastian Septic to Sewer (S2S) Phase l Sewer Assessment Project in Indian River County, Florida [Legislative] 11. COUNTY ADMINISTRATOR MATTERS 11.A. Indian River County Annex Building 1028 20th Place, Vero Beach, Florida 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources 12.D.1. 2017 Indian River County Health Fair Committee Recognition E. Office of Management and Budget 12.E.1. Government Finance Officers Association awarding Indian River County GFOA's Distinguished Budget Presentation Award for the 2016-17 Budget F. Public Works 12.F.1. Administration Complex Buildings A&B Selection of Roof Color G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Resolution Establishing the Development Review and Permit Process Advisory Committee 13.B. Approval of Expert Witness Fees for Laurel Homes 66th Avenue Parcel 13.C. Draft Medical Marijuana Ordinance 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari July 11, 2017 Page 4 of 6 E. Commissioner Tim Zorc 14.E.1. Alliance Bioenergy Post Process Yard Waste 14.E.2. Utilities Amnesty Program and Adoption of Ordinance 15. SPECIAL DISTRICTS AND BOARDS A. Emereency Services District B. Solid Waste Disposal District 15.13.1. Approval of Minutes Meeting of May 16, 2017 15.8.2. Final Pay to Geosyntec for Work Order No. 4 - Former Gifford Road Landfill - One Year of Groundwater Monitoring/Reporting, Implementation of the Remedial Action Modification Plan and Related Consulting Services 15.11.3. Final Pay to INEOS New, Planet BioEnergy, LLC for Yard Waste Processing Services through March 31, 2017 15.13.4. Final Pay to Geosyntec for CCNA-2014-Work Order No. 5 - 2016 Title V Air Operation Permit Renewal 15.B.5. July 2017 Update on Brownfields Redevelopment Process for the Former South Gifford Landfill Site 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. July 11, 2017 Page 5 of 6 PROCLAMATION DESIGNATING THE MONTH OF JULY, 2017, AS PARKS AND RECREATION MONTH WHEREAS, Park and Recreation Month was established in 1985 and celebrates its 325t year state and nationwide; and WHEREAS, passive and active recreation in Indian River County significantly enhances the quality of life for its residents and visitors; and WHEREAS, active recreation builds teamwork, self-esteem, comradery, life -skills, and contributes to a healthy mind, body, and spirit; and WHEREAS, passive recreation nourishes a love of the outdoors, provides an appreciation of the natural environment, and contributes to a healthy community and economy; and WHEREAS, county parks and conservation areas preserve the ecological beauty of our community, .improve water quality, protect groundwater, prevent flooding, improve air quality, are aesthetically pleasing, and provide open green space for people, and valuable habitat for wildlife; and WHEREAS, Indian River County is fortunate to have many beautiful parks, playgrounds, ball fields, golf courses, swimming facilities, nature trails, beaches, and open spaces which make our community a more attractive and desirable place to live, work and play; as well as contributing to our ongoing economic vitality through increased property values, increased tourism, attraction of visitors, and recreational events; and WHEREAS, Indian River County Recreation Department provides a variety of recreation programs including water safety, swimming lessons, baseball, softball, football, cheerleading, basketball, fitness classes, and special events; and WHEREAS, parks and recreation agencies, as a whole, touch the lives of individuals, families, groups, and the community, creating a positive impact through connecting people, protecting the environment, reducing crime, and providing healthy recreational activities. NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board designates July as Parks and Recreation Month, and encourages all citizens to celebrate by participating and "Get Your Play On" in the diverse activities offered through the many facilities and places provided to the residents and visitors by way of the Indian River County Recreation Department, Indian River County Shooting Range, Sandridge Golf Course, Gifford Aquatic Center, North County Aquatic Center, Intergenerational Recreation Center, and any of the Indian River County Parks and Conservation Areas open to the public. Adopted this the 11th day of July, 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 P1 C Waste Management wants to help balance your environmental goals with your budgetary ones, which is why we are launching Recycle for FREE in !RC! for unincorporated Indian River County and City of Fellsmere commercial customers. Single Stream Recycling: The smart, simple way to do what's right for the environment. It eliminates the need to sort materials; all acceptable paper, plastic, metal go into a single container. FA It's easy to sign up and the benefits are good for your business and the environment'! Here's all you need to do and know: 1. Sign up for annual service between July 1 — July 31, 2017 and receive the months of September, October and November free. Your recycling service starts September 1. 2. Select a 2, 4, 6, or 8 yard container and service frequency that best meets your recycling needs. 3. Track your recycling efficiency and potential savings. 4. After the promotion, a Waste Management Account Manager will "right size" your garbage container or service level to ensure you are receiving the most cost effective solution for your garbage and recycling service. Hurry! Promotion is limited to the first 100 new commercial customers, so contact us today at (772) 569-1776 to set up your recycling service! Don't miss out on this great recycling promotion! Wim® WASTE MANIAOEMEP" Promotion available to commercial solid waste customers with accounts in good standing located within unincorporated Indian River County and the City of Fellsmere only. P2 r C Waste Management wants to help balance your environmental goals with your budgetary ones, which is why we are launching Recycle for FREE in !RC! for unincorporated Indian River County and City of Fellsmere commercial customers. Single Stream Recycling: The smart, simple way to do what's right for the environment. It eliminates the need to sort materials; all acceptable paper, plastic, metal go into a single container. FA It's easy to sign up and the benefits are good for your business and the environment'! Here's all you need to do and know: 1. Sign up for annual service between July 1 — July 31, 2017 and receive the months of September, October and November free. Your recycling service starts September 1. 2. Select a 2, 4, 6, or 8 yard container and service frequency that best meets your recycling needs. 3. Track your recycling efficiency and potential savings. 4. After the promotion, a Waste Management Account Manager will "right size" your garbage container or service level to ensure you are receiving the most cost effective solution for your garbage and recycling service. Hurry! Promotion is limited to the first 100 new commercial customers, so contact us today at (772) 569-1776 to set up your recycling service! Don't miss out on this great recycling promotion! Wim® WASTE MANIAOEMEP" Promotion available to commercial solid waste customers with accounts in good standing located within unincorporated Indian River County and the City of Fellsmere only. P2 �%� PROCLAMATION HONORING JAMES EMERICK ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE I WHEREAS, James Emerick retired from Indian River County Fire Rescue effective July 16, 2017, and WHEREAS, James Emerick began his career on March S, 1988, as a Firefighter and continued in that capacity throughout his career until his retirement, and, WHEREAS, James Emerick has served this County and the Public with distinction and selflessness. During his twenty-nine years of service, his devotion to his profession, his employer, the citizens of Indian River County and his co-workers alike, was always evident, and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds James Emerick's efforts on behalf of the County, and the Board wishes to express their deepest gratitude for the dedicated service he has given to Indian River County for the last twenty-nine years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend their sincerest wishes for success in his future endeavors. Adopted this 11th day of July 2017. VER C i BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA I Joseph E. Flescher, Chairman ?fiis is to certify that James rEmerick here 6y presented this Wstirement Award for outsta�ng perfornrance and faithfiv(serm'e to Indtan Wyver County d of County Commissioners For twenty-nine years of service on this 16th Day of jufy 2017 ,john 2Ung (Director of Emergeng Joseph E. TYescher Ooard of County Commissioner, Chairman INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: June 26, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator. From: Beth Powell, Conservation Lands Manager INFORMATIONAL ITEM 7-g Subject: Notice of Application for Division of Historic Resources Special Category Grant for the Kroegel Homestead Conservation Area DESCRIPTIONS AND CONDITIONS: The Kroegel Homestead Conservation Area was purchased in 2004 by Indian River County with grant funding provided by the Florida Communities Trust (FCT). The 2.61 acre Rodney Kroegel parcel contains the remnants of structures that belonged to a son of Paul Kroegel, first warden of the Pelican Island National Wildlife Refuge (NWR), the nation's first NWR (established in 1903). In large part due to the efforts of Paul Kroegel, President Teddy Roosevelt established the Pelican Island National Wildlife Refuge in 1903, marking the beginning of the National Wildlife Refuge System, the world's largest and most diverse assemblage of lands for wildlife. The project is adjacent to the Indian River Lagoon, an estuary of National significance, and is an integral part of the Pelican Island .National Wildlife Refuge, which is located directly east of the Kroegel Homestead. The purpose of the project is to preserve and open to the public the Homestead, which is of state and national significance in "completing the story" of the natural and cultural heritage of the federal refuge system and of the nationally significant Indian River Lagoon. Per the management plan, public access improvements will be designed to preserve the natural and cultural integrity of resources on the property. In order to leverage funding and maximize . cost effectiveness .for management and improvements to conservation areas, staff continues to seek funding through various applicable grants. The Division of Historical Resources Special Categories Grant provides matching funds to provide renovation, reconstruction, education and public access to historically significant sites. THE PROJECT: This grant application centers on the historical structures located on the conservation area. There. are five structures which include a large barn, garage/office, shed, photo darkroom and animal pen. The large barn is currently stable and houses many artifacts that have yet to be inventoried. The barn is not included at this time for renovation/stabilization and will be considered under a separate proposal. In order to further the management objectives of providing for public access, the garage/office, shed, photo darkroom and animal pen will be evaluated and reconstructed. Due to the age and condition of the structures, they are beyond the scope of renovation. Under the scope CAUsers\GRANIC-1 \AppDataU.ocal\Temp\BCL Technologies\easyPDF 7\@BCL@5C05B8F I \@BCL@5C05B8F 1.doc P5 of this grant, the garage/office will be repurposed as a small museum/docent education center; the animal pen will be re -purposed to house Indian River Mosquito Control sentinel chickens (consistent with the time period); the shed will be replicated for displaying tools and other artifacts; and the photo darkroom. will be reconstructed to highlight Paul Kroegel's activities documenting the wildlife and other scenes from the early 20th Century with lantern slides. Included with the replicas to be constructed, the grant will include educational exhibits that highlight the story of the nation's first wildlife refuge, Paul Kroegel and other historically significant sites along the Indian River Lagoon (i.e. Archie Smith Fish House, Historic Jungle Trail, Captain Forster's Hammock Preserve and the Jones' Homestead). Visitors will .be able to .complete a self -guided tour with printed maps and a web app which will provide a story connecting each historic property and highlight the unique aspects of the contributions of the pioneers of Indian River County. Partners who have shown an interest and provided letters of support are Pelican Island Audubon Society, the Environmental Learning Center, the Indian River County Historical Society, Senator Debbie Mayfield, the Indian River Land Trust, and the School District of Indian River County. Beyond the initial improvements for public access already underway (MBV Work Order No. 5), this. grant will enable the County to fully utilize the site for passive recreation and historical interpretation of the area. These improvements are not only consistent with the BCC approved Management Plan dated October 2004, but are also key elements requiring completion in the grant award agreement with FCT. FUNDING: In December 2015, the Board of County Commissioners approved an amendment to the Comprehensive Plan Capital Improvement Element for public access on conservation lands providing $2.9 million dollars over 5 years to be utilized toward public access improvements. Priority was given to establishing trails and related trail structures at conservation areas that are nearing final completion with. the FCT outlined obligations. Funding sought from the Division of Historical Resources under this grant will provide $70,500 for replica design, site preparation and construction. The County proposes to match $18,500 of in-kind services and $52,000 in cash (see table below) from the Land Acquisition Bond Funds — Other Buildings account number 14514639- 066290. Grant . Cash In -Kind Total Replica Design $ 7,750 $ 22,250 $ 0 $ 30,000 Site Preparation & Construction $62,750 $ 22,250 $ 0 $ 85,000 Sign Design & Interpretive Education Materials $ 0 $ 0 $ 16,000 $ 16,000 Sin Construction $ 0 $ 7,500 $ 0 $ 7,500 Sign Installation $ 0 $ 0 $ 2,500 $ 2,500 Total: $70,500 $52,000 $ 18,500 $141,000 C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@5C05B8F 1 \@BCL@5C05B8F 1.doc P6 v^ ;t r.�' - +>"'�'�t. 33'�y k- -,; •• j• kaT�- F e i s�+'�� y �, Yc;i:' Bei �� ix 11�;< r+��!7<t s a �-�• ` � F - "�` _tea~ _ � �`" �� " •�,.';' �. � .r �'� < _ . + . ro -,�.a is • 'i t. "4, fWS f r ri 1 I rr..� •�. � t j �v. - :�.! ria '7: Y,4.y � iS.. �'�t - ....tt �i �yy✓'�'�)iC '�•4 :Y' Yry'KK. �'L�'''.. �' '.F � .'f..; LNC•'` :. "+yr_� 1y ?" • .0 1. . l }���`. " V .:L'y' •,,� -� ..� �"y ? �� .1 �� \� •' :rya /}�t rj��'i., 4� '��' .i �1 :;syr `•.,,..,"p��}1��,�.s , ��,}�a ='�� s Y-.y�.J� •� l.� i �J.e I rte_ ` F... 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POLMANN ORDER APPROVING FLORIDA POWER & LIGHT COMPANY'S MODIFICATIONS TO TARIFF SHEET NOS. 4.020, 6.040, 6.050, 9.400 AND 9.410 BY THE COMMISSION: On April 28, 2017, Florida Power & Light Company (FPL or Company) filed a petition requesting Commission approval of amendments to Tariff Sheet Nos. 4.020, 6.040, 6.050, 9.400, and 9.410 regarding customer deposits. During the 2015 session, the Florida Legislature enacted House Bill 7109 which was incorporated into Chapter 2015-129, Laws of Florida. Among other things, the legislation created Section 366.05(1)(b) and (c), Florida Statutes (F.S.). Paragraph (1)(b) addresses billing periods and Paragraph (1)(c) addresses customer deposits. These laws became effective on July 1, 2015. We adopted amendments to Rules 25-6.100 (Customer Billings) and 25-6.097 (Customer Deposits), Florida Administrative Code (F.A.C.), respectively, to implement the laws enacted in July 2015.1 FPL is requesting tariff modifications at this time to language continues to conform to the applicable statutes and 2017, FPL filed an amended version of Tariff Sheet No. included with the original petition. We have jurisdiction in 366.03, 366.05, and 366.06, F.S. DECISION ensure that the Company's tariff Commission rules. On May 18, 6.050 that was inadvertently not this matter pursuant to Sections Section 366.05(1)(b), F.S., provides that if we authorize a public utility to charge tiered rates based upon levels of usage and to vary its regular billing period, the utility may not charge a customer a higher rate because of an increase in usage attributable to an extension of the billing period; however, the regular meter reading date may not be advanced or postponed more than five days for routine operating reasons without prorating the billing for the period. We amended Rule 25-6.100, F.A.C., to implement the statutory changes.2 The prior rule specified that the ' Order No. PSC-16-0024-FOF-PU, issued January 12, 2016, in Docket No. 150241-PU, In re: Proposed amendments to Rules 25-6.093, Information to Customers; 25-6.097, Customer Deposits; 25-6.100, Customer Billings; 25-7.079, Information to Customers; 25-7.083, Customer Deposits; and 25-7.085, Customer Billing, F.A.C. 2Id. /3-1 ORDER NO. PSC -17 -0230 -TRF -EI DOCKET NO. 170096 -EI PAGE 2 regular meter reading date may be advanced or postponed not more than 5 days without a proration of the billing for the period, but did not address the application of tiered rates to extended billing periods. Tiered rates, such as FPL's residential energy charges, apply a higher energy charge to usage above 1,000 kilowatt-hours. FPL has proposed to add language to Tariff Sheet No. 6.050 to reflect the statutory requirements and to include the Company's current billing practices in its tariff. The revised tariff sheet addresses both the proration of charges when billing periods are varied by more than five days, as well as the prohibition against charging higher tiered rates if the extension of a billing period of more than five days causes a customer's energy consumption to exceed the Company's tier threshold of 1,000 kilowatt-hours. FPL has represented that its current business practices regarding bill proration and administration of tiered rates are in compliance with Section 366.05(1)(b), F.S. Section 366.05(1)(c), F.S., provides that for an existing account, the total deposit may not exceed two months of average actual charges. For a new service request, the total deposit may not exceed two months of projected charges. Once a new customer has had continuous service for a 12 -month period, the amount of the deposit shall be recalculated using actual data. Any difference between the projected and actual amounts must be resolved by the customer paying the additional amount that may be billed by the utility or the utility returning any overcharge. We amended Rule 25-6.097(1), F.A.C., to state that a utility's methodology for determining customer deposits for existing and new accounts shall conform to Section 366.05(1)(c), F.S.3 The prior rule language already required that the total amount of a deposit not exceed twice the average monthly bill. FPL's proposed amendments to Tariff Sheet Nos. 6.040 and 6.050 conform to the new statutory language regarding the recalculation of the deposit after 12 -months. FPL's proposed amendments to Tariff Sheet Nos. 6.040 and 6.050 comport with this language by providing that: (a) if the recalculated deposit amount based on the previous 12 -months billing history is less than the customer's current deposit amount, the difference between the deposit amounts will be applied as a credit to the customer account; and (b) if the recalculated deposit amount exceeds the customer's current deposit amount, the Company may request an additional deposit amount. FPL also proposed some administrative revisions to Tariff Sheet Nos. 4.020, 9.400, and 9.410 to conform to Rule 25-6.097, F.A.C. Pursuant to Rule 25-6.097(3), F.A.C., utility customers receive refunds of their deposits with interest after a period of 23 months of continuous service, assuming their payment record is satisfactory. Therefore, for the majority of utility customers, the deposit amount recalculation after a 12 -month period of continuous service occurs only once. Having reviewed the applicable statutes, rules, and proposed tariffs filed by FPL, we find that the tariff sheet revisions conform to the applicable statutes and rules. Therefore, we approve FPL's requested modifications to Tariff Sheet Nos. 4.020, 6.040, 6.050, 9.400, and 9.410, as reflected in Attachment A, effective June 5, 2017. Based on the above, it is s Id. 0_a ORDER NO. PSC-.J?=0230-TRF-EI DOCKET NO. 170096 -EI. PAGE 3 ORDERED by the. Florida Public Service Commission that,. Florida Power &. Light Company's requested modifications to, Tariff Sheet Nos. 4.020, 6.040, 6.050, 9.400 and 9.410, as reflected in Attachment A, are hereby approved, effective June 5, 2017. Itis further ORDERED that if a protest is filed within 21 days of the issuance of this Order, the tariff shall remain in, effect with any charges held subject to refund pending resolution of the protest. It is further ORDERED that if no timely protest is filed; this docket shall be closed upon the issuance of a Consummating Order. By ORDER of the Florida Public Service Commission this 15th day of June, 2017. go f CARLOTTA S. STAU.FFER Commission Clerk Florida Public Service Commission 2540 Shwnard. Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 www.floridapsc.com Copies furnished: A copy of this document is. provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section. 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is. available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an adm inistrative hearing or. iudicial .review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's .right to a hearing. The :Commission's decision on this tariff: is interim in nature and. will become final, unless a person whose substantial interests are affected by the proposed action files a petition. for a formal proceeding, in the form provided by .Rule, 28-106.20.1, Florida Administrative Code. This petition must be received by the Office. of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee., Florida 32399-0850, by the close of business on July 6-2017. 13-Z) ORDER NO. PSC -17 -0230 -TRF -EI DOCKET NO. 170096 -EI PAGE 4 In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. /0-4 ORDER NO. PSC -17 -0230 -TRF -EI ATTACHMENT A DOCKET NO. 170096 -EI Page 1 of 6 PAGE 5 Twenty-eee 4BjrdRevissedSheet-No.4.020 FLORIi. A PORTR & MGM COMP k -M Cancels Twenty--Fir--A a ,Dnd Revised ,5"tiM No. U-20 F9a-'atetrCol;t, ,le w A $25.00 service charge uS be made far am iaita1 comecti n A $13.00 Rommection Ch=p x11 be. ode far the mc=ecdon of. service after disconnection for noupa}Mnt ar u9olafi= of a rue ar replad— A $12.00 service change wiH be me for the cam iec mi ofam odstimg =o m. A Returned Pabmen& Charge ms allowed by Florida Statute 68.055 shall pply im, each check or dtm dasi by the bank npouvAmch it is draw Tkmmnmmofsetsice shall not be made firs failure to pay the Retuned Pupmut Qmp. Chmpsfac services due nod rendered vtich ase uWaid as of the past due date we subject ton latePayzuent Charge of'ffie genres of $5.00 or L5% applied to mT past due uapmd b4.9ance of all mcctoimts, apt the accmmns o€ fedend state, and li::cal got l entides, agencies, and. A bate Payment Charge shall be appli ii to the accm= of €edEmL state; and local g €venm ental entities, a_7encies, and. insaumenmties at a rate ao greaterthan aRon;eed, amd m a m .,mpied by applicible ]air.. A $49.00 Field Colbect Cbaaree %-M be added to a custonids bitl far electic service schen a field>:isit is me& and pagtaeut is cnttecied on a delinquent account if service is disconnected or a cunmW retell% ofpayment is shenu at the time of tae field visit, ibis c6. re will not be aPPl-A FPL .tray RaSse time Recomtecmmi Cllssge, Remmed Payanenr. Ch -M fate Paymant Cha t- .and Field Colietvon Cbarp far Custo®es affected by natural disastmss or dmmg pmsiods of decl. ped emegm—es or once in auy^ t &—e (12):mongi penod for any Customer ct'lto svald. othersise h-xm had a satisbawy paymmt recxicd (as defined in 25-6097(_D F.r4 Q, upon acceptmce. by FYI, of a rens Me wplanabon. jwtifying a Ram -w In additiou, FPR, may waive the c14.rgg for cormection of an eristme accomt and the charge for am initial connection for new or existing Cummers affectedby:mauai disasters or during Periods ofAedamdemergmcies, Residential Dweiing Units: A change of $25:00 R'mll be :madefir a conqnnerized .ra tgy awlysis mm Rtaich a compre tsna on-site ecah�tiom of the t451deISCE is Conmiercmi4fm asI ial Tbue a no cbmp for conservation inspections nod senates (Bu mess EmW Services). Issued Fly- S. E. Rouxi&.D rector, Rates and Tariffs Effective: ORDER NO. PSC -17 -0230 -TRF -EI DOCKET NO. 170096 -El PAGE 6 ATTACHMENT A Page 2 of 6 Zh4U"tU Fourteenth Reiised Sheet Yo, 6.M rl.uratIA FUVIT-K & LIUM LIVAir"UN Y Lincels lwe!Rh I furteendi Kerned bheet INo. OJAU 5 COMPANTSINSTALIATIONS 5.1 Protection of Com=NOs Protierty The Customer shall pmpeab protect the Company's property on The Customer's plemises, and shall, pennif no one but the C&mipanys agents, or persons mirtbarived by law, to have access to the Comparno's uirm& meters, md appara=- 5.2 Dizmaiiw to CaawanYs In, the event of any less or damage to property of the Comp:my caused by or arising out of cardesmess, neglect or misuse by the Customer, the. cost of ma kin good sub loss or repairing such damage shall be paid by the Customer. 5.3 Relocation of Ccni=rls Facilities. When there is a change in the Customees operation or constructiou which, in the judgment of the Company, inskes, the relocation ofCampanys.fac2ities necessary, or if such relocatkm is raTaemd by the Customer, the Compamy will move such facilities at &e Customer's egiense to 3 fixation which is acceptable to The Company. 5.4 Attachments to Poles. The use of the Companys poles, wire-., towers, structures or other facilities for the purpose offamning or stWorbrig any radio or television serials or other equipment, or any ixtres, ropes, sims, banners or other things, not necessary to the supplym-, by &a Company of electric service to the community. or the -loca h3w of same in such proximity to the Cornpany's prope zr r or facilities as to cause, or be likely W cause, interference with the supply of electric service, or a dangerous condition in connection teumth, is prohibited, and the Comirmy shall have the tight farthwith to remove min lattliout notice_ The violator of these rales is liable for anydiamage zesulting dierehum- 5.5 Materference with Company's Facilities. The Custo= should not allow tees, crises and shrubs to interfere xvith the Company's adjacent overhead conductors, service wires, rA moimtedumasbarmers and meta. Such interference may result in an mjury to persons, or may cause the Custm&s service to be interrupted- In all cases the customer shoidd request the Company to trim or remove trees and other pmlh near the Company's adjacent overhmd iirkei, nd undu no circumstimces should the Customer undErt*e this work bimself,except around service cables when specifically authorized by and sn=Lpd with the Conipany., 5.6 Unobstructed Access to C4mPm3y0% F2alities. The Company shall have perpental umbstructed access to its overhead and umderground:L,cffides such as poles: underground c3bles, pad mounted =ffmmers and meters in order to perform repair and mamlenaince me safe timely and cost-efficient manner- The Customer is responsible :tog contacting the Compmy for guidance before constructirig any items which may cibstruct the Company's access, Such items include, but are, not limited to, building additions, decks, patios, pools, fences or pa,,Ings. Relocation of the Company's facilities, a= provided in Seclion 53,of these Mules end Regulations, May 'be necessary. Should an item inteffere with access to Company huhties requEriagg repair or maiulmumc% the Company Will e]qAcm with the Customer M aller uatix-m. deemed feasible by die CompanyLto determine the method ofrepair mom acceptable to doe Customer. %9mdue mmvA3coq=bteoronly option invcd%-mthe Cumm removing the obstruction cithe Customer taking other actims:,the Customer shall accomplish the walk within 20 imildiag days. Should the: Customer fail to accomplish said work within 20 working days or to make other wtiffactary amaigemartts with ffieGmVany, the Company may elect to discmtame, service to the Customer, parmant to F.A.C.Rule 25-6.105 1(5) (f). In 211 cases, the Ciuwmer uffll be responsible for M costs in access of a =ndzd, mtobstructed repair. 6 SE-CUFRrrYDEP0SMXRJARANTlES 6.1 security (1) Before the Company renders service. or upon leimin tioa of imexisting Unconditional Guaramsy Contract,or a su", bond or an mevocabie backletter of. credit each applicant will be required to provide: J-) a Security- Deposit consisting of cask surely bond, or irrevocable bank Imu ofcredit; or 6) hJ_a. guaranty sadsbactory to The Company to secure psymentof bills: oT c) rezairemed_poser. (2) Raeb -aa%n�er eims4 enaiF in4e a guamaiy eentaE; 9--t ferl as TaFff QeE4 �4i, 4499 eF 9,410. :;he ememA ef S&Eh inil SeEwi-y Pe-pask, 9 Fequ4eik. ehe4 Ibe 4a5cd Wee%dsime 4 biRiap iff a pe+iied ef #we average ariee&, bm seT. les, 45.09. 1414m,atiom 4-11 W Wisd ou piez," 04" �J the rqiA:�pj -Adp"�, -A �- thm -ezd,;& ox W t- puti- ie—ee. ^ Naw (4) imeadi. his'e-I ;esff* -Defe54 'HeYbe edFAS*i 49 EeRVeSCIFite &F 9�;ef ffeild faa= Afta; (12) zwntiv. oikitling Ti&tO=, ZjQ0Wdz th, ingigil SeEuFk�- Piipes4 aaf�- age4a be ei��-e4 �e eempaieiime Ie* &ivF er aadff q:4ie Gee-- — - .. - - 6FM49 seeaEky PLpes4 keni a Gasteabat aEkd* ese -Aiese 9;aio- DEVesi4 was Fefiemkd4eleaied, A k2ea5k-y less �semke�Reas -�If lured b3-, S. L Romig, Dwector, Rates wind Tariffs EffectiTe. Nfapch ; 10W (3-� ORDER NO. PSC -17 -0230 -TRF -EI DOCKET NO. 170096 -El PAGE 7 ATTACHMENT A Page 3 of 6 44di teen Fourteeuth Rviwd Shm No. 6.040 FWRMA POSTER & LIGHr CaMPANY Cmcets UAfth Tbirteenth F-evised Slwk No. 6.040 by 2. ANT the new 2rcoimt bas lad ccArlimou-, Benne for a twelve (121) mouth period. the =ouat of the requked deppsi shaU be recak-ulsted using_ acta2l d -,I--. If an excess dewsit is id?aftfied by dais recaladaton. the difference belwem rhe realadsted deposit cad the demit on bnad uM be credited to the accomt. If the realaulated mncrtmi indicams a deficiency in the devosit held- the udhty may inial customer for the diffeTence. Each applicant that prntleF a gucynmrv, siuvtt bond- or an minocable bink letter of creta as a Security 3)r -a ut mater EmseT i= the mueemem(E) set for% in Taff Shw No, 9,400 MAUR or 4..410 iR-411tP.412 :ft the gtwmty contma. No. 94401 04-41 for d:,e sum-ety bond and 9.430} *.0.331 .md 9.435 for Cie bank letter ofcre&t (CoptimuelaaSbLel No, 6.050) lj-(7 ORDER NO. PSC -17 -0230 -TRF -EI DOCKET NO. 170096 -EI PAGE 8 FLORIDA PO'%TR Az LIGHT COMP:LN ATTACHMENT A Page 4 of 6 94*P Sewnteen th Revised Street No. 8.050 CamcelsF&,eea€l3SiwteeuthRetised Sleeet \o. 8.050 b) E.xistinz Accounts -For an ed -tine arxvmt ib_ total deaosii mtv cot mead 2. mtnffis of ayeraze actual cha ees caicviated by ad arse €rte montes:• chess hunt the 12-mcestl, aetibd am lea ly h a a ilk a date au.' chane in tree t z sit ansaunt is ssaeht 3i2aslire iltis stat by 12. and mu-ttmly tate rsrlt by 2. If the account has b=;s than: 12 mcwlu of actual chorr-i, the Posit stat' be calc hated by adder= the avairible mmnttd . &?--z es. cisidinz th-s-,oaal bz the number ofmm&- availal le, and mntrelymE the resu,:by2. 61 Deoosjt?nrergs The interest dere will be paid once a year, ordinarily as a credit on regular bills, and on final bills when service is discondrav :ilio interest will be paidif service is ordered disconnected fw any cause within sic months from the date of initial service. 6.21 Residential Deposes. Simple interest at the rate of 2`A per.annam will be paid to residential Customer :for cash deposits when:held by aha Company. 6 )7, Nonresidential lb=gshs. Simple interest at the ram of 2%per anuam, will be paid on cash deposits of:monresideatiai costumer;. $oncver. simple interest at the rate of 3% per a== will be paid on cash deposits of nonresidential Customers prarvfded. the Cumomer has had continuous service fm a period of not lens than 23 months, and has not in the preceding 12 months: a) made more thaw one late payment of the bill (after the expiration of 20 days from the date of marl' r. or delivery by the Company), b) paid azt a check refused bg a bank, c) been disconnected for uonywiment at any tium d) tampered a19b the electric meter, or e) used senice in a irandulew or unauthorized grainer. 63RefmdofCash DewoJtRelemeofOther Security orOtitrauty. After a residential Customer has established a prompt payment record and has had continuous service fora. period ofoot less than 23 mouths. the Company will no Iongarequi e a Security Deposit or guaranty for that accmrmt provided the Castomer has not in the preceding twelve (12) mortM: a) masse more than. one (l)lam payment of the lull (after the espfnation of 20 day. from the date of mar7inrg or delivery by :the Company), b) paid with a check refirsed by a bank, c) been disconnected for non, -payment, or, at any time d) tampered nth the electric, meter, or e) used service in a fraudulent or unauthorized manner. When the Company no longer requires a Security i3eposit or guaranty beraure, the residetrdal Customer meets these Nems or became the Customer close; dee service .account and the Company has received final payment for all bills for service incurred at the account any cash deposit held by the Company for drat account will be refimded, and the obligors on any sureg, bond, irrevocable E-2mr of credit or guaranty for drat account will be released form theirobligatioils to the Company.. Cashdqmit receiptsare not nagpdable or transfimbh and the deposit is relboidable only to the:CustomEr whose name appears thereon. Refunds of cash deposits may be conditioned by dee Company upon a showing of proper identificadan by the person seeking the refund dw the individual is rhe Customer wbose name appears on The service account. 'Ilse utility may elect to refand nonresidential dVasirs. 6:4 Transfer of Security- DeoositPisaarancv. A Customer moving from one service address to another may have the Security Deposit transferred from the ;farmer to the new address. If the Security Deposit at the former service address is :more or less, than required by ale 6.1 for the stew address, the amount of the Security Deposit maybe adjusted amoidinelg. Guaranties may not be traasferred to a new service address; however the guarantor may enter into a new guaranty contract (Tariff Sheet No. 1-0.400 or 9.410) for the new servire address - 7 BIL.Ll1ti G 7.1 &rllmF Periods. 7.11 Ree filar .Bills- :Rqular bills lar service will be rendered monthly. Bits are due when rendered and shall be considered as received by the Customer when delivered or mailed to the service address or some other place mutuany agreed upon 7.12. prorated Bill. PLe bill may be pffn4 The belying period is:. t 5 bell will. be p?ozateti reusuant to F'..S 366:0} II thl. A billinever€od that exceeds .31 days will, : be:caiculated as a seta rate standard billinz oeried.as referemed :in section '7.13 of FRL's &-neral Rime and Reeulariona Taaiff. A seoea-ate bill calca:lation fat the renainine kA1. comumunrion will beean with th=_ ap slicarion of the lower tiered tat.. Shaurld service be disconnected within less than a month from date of connection, the amount billedwlIl not be less than the regular monthly mi dmmn bell.. 7-13 Month. As used in these Roles and Regulations•.a month is an interval bemeeto successive r eg arse meter reader dates, which inter -al may bp - 30 e30 days;, more or less. Issued by: S. E. Romig, Director, hates and Tariffs Effective. ' .' ''1 1 2 iq ORDER NO. PSC -17 -0230 -TRF -EI DOCKET NO. 170096 -EI PAGE 9 ATTACHMENT A Page 5 of 6 Xia&'Fenth Revised Sheet Iso. 9.400 FLORIDA POWER & LIGHT COMPANY Y C;anceis ?N-iuth Revised Sheet No. MOD RE.SiDEN,n AL UNCI NDMONAL GUARANTY In consideration of Florida Power & Light C y'C' ') f mishmg, electric service to Of Guarmdee Name Gnaramee rAccootrt No(s) Florida. (`Guarantee'). G xr-anree's Service AddteWes) & Ciry(es) wiffiot[i regmnngg a adepasit, the tad ermgmed Guarantor heeby omveiisixts and agrees that 1.. Gnatamorshall,AB5OL TIELYAMLNCi}' DITIONALLY_, g= weefall paym--q attoFPLforANY AND.AIL CIiARMS dire and occsng FPL :far vt&h the Guarantee may now be liar cr for which the Guarantee may im the fi mae become utile at the above listed address(es). 2. if r:ummitee shall at any time fail to promptly pay all dreffges dare and a%=,- FPL Guarantor bercby agrees to pay all such.antatmts due and awing FPL m itim to a (3) dale cf notice. 3. Guaaauua shall pay FM conectmi agency fees mrd _ pem resstmable attomep' fihm and all costs and other tenses incurred by FPL in cohectmg or cozopromisbg a• mdebtedoeia of Gum-mee bereby gmararmeed .or m enfoecma_ this Gt6rtwnty against Guarautar. 4. This is a coaauuiug Guaranty nbich shall tenon in ball farce and effect until no logger required as speaficd is aecdon 6.3 of FPL's General Miles and Regalatioms or until temamted by FPL (asset forth herem) m fire Guarantor upon thirty (RR day advance mitten natice;;pimaded, bow-ex-er„ that no such t--rimiatim shall release Guarantor from.liabilaty hereander with respect to any clrafges fca elsctric sm-rice fin�to Guarantee prior to The effective date of such term naabom. FPL may terninate tihis Guasmty if at airy time the'Guua= is no longer a. "satisfactory goaramtar' (as defined in Rule 25-6.097(1 D(a), F.rA_C.) whidl at a mkTimmi means an FPL customer vn&a satiffstxory pa}mimtrecord. 5. Gmmtor.hueby sraivres notice of acceptance hereof Guamtcr further agrees that FPL reed not proceed agaicst ilie Guatam ee or W other persoq firm, ar omportru m, - to pm— any oftier remedy prior to. pursuing: its ngbis under'this Gwarrty. Guinan ae undarstands that: FPL may pursue arAlor eshartrstt all available collection. remedies (mclu ing discormec i-) agimnctt^.n"xxr,rc--1thout pursuing us. rights against Guam= 6. This Guaranty shall hn¢e to the bent of FPL gid' shall be binding upon Guarantor and r< ^ =o's heirs asd awips. 3. Goamidee hereby authorizes FPL to disclose all of Cumamee's billing im(osxnatiott including: third pasty notificatiaq to the Guaramor so long asthis Guaranty remins is effect. Gunn. wor agrees to receive all appropriate bMiarg motion at me Gaaiamofs service adds listed below and further agrees to nom' FPL promptly of airy charge in address; provided; bovve er, thatneirher receipt of this billing inirnmrtionmur estimates ufbfflmg for The Guarantee's servuae.accoungs):shall be constned as a limitatirm on the as o= guaranteed undar this Guararuy. lAl LidE12dES5 RfBEFIrOF, Gvarantor has signed this Guammnty om this day of Guar== Name Go2zaantor Suture Guzzanizes Service Address d: City Guamntar Accotmt Xbj Gueramor.Social Secuityl ro.. (Continued on Sheet No. 9.401) Issued by: S. E. Romig, Director, Rates and Tariffs Effectiv*ee 14*e._4ep re +94'1 10-q ORDER NO. PSC -17 -0230 -TRF -EI DOCKET NO. 170096 -EI PAGE 10 r s vauun raxtirrlx oz r r 4-n.r a.vnsr yry z ATTACHMENT A Page 6 of 6 Fourth. Reii ed ralreet No.:9.4I 1 In eon-Admation of Florida Power & Light Oxnpany CFPI.'j furnishing electric sevace to See ADDEMUM See ADMMUM of Guarantee Name Guarantee Acct- N*).. See AMENDUM Flonda.C`G aranteer) Guarantee's Senice AddiL-s(es) & C ity(ie,) CCAsaraafee"'), without requni g a deposit, the undwmgae3 hereafter referrers to as the Guarantor, hereby cmienant, and agrees that 1. Guarantor shall, ABSSOLIFMY AND UNCO' ITIONALLY' guarantee full mmiemt to FPL for ANY AND Al L CHARGES due and owing FPI. for which the Guarantee may noir be liable or for which the Guarantee nray in the fsnrue become liable at the: aboive listed address(es). 2. If Guarantee shall at any tune tad to promptly pay all charge doe and owing FPI., Guarantor hereby agrees .to pay all such amounts due and owing Fn within ae (5) clays of notice. 3. Guatantcr shall pay FPI. collection agency fees and expenses; :reasonable attorneys' fees and all costs and other expenses- incurred by FPL its collecting or conWrmmising any indebted, of Guarantee hereby guaranteed or in er-for y this Guaranty against Guarantor: 4. This is a continuing. Guaranty Lchich :shall remain in full farce and effect until no longer required as specified in Section 6.3 of FPL`s General Rules and Regnlahons or until terminated by FPL (as set forth herein) or the Gumm for upon thirty (30) days alliance written notice; InNnided: how-evrer, that no such ternkatioa fall release Guarantor from liability heremuler voth respect to any charges for electric service f mashed to Guarantee prior to the effecticie date of such termination. FPL may terounate thu Guaranty if at any time the Guarantor is no longer a "satisfactory guarantai" (as defined in Rule 25-6-U97(T'�(a), FAQ. 5. Guarantor hereby waives notice of acceptamee hereof. Guarantor ivrther agrees that FPL need not proceed against the Guarantee or any other person, firm or coaporahom or to pursue any o$rer remedy prior to par ung its rl-Plrt, under this Cru- ants. Guarantee understands that FPL niz) pursue andror exhaust all available collection remedies (including disaomeach* apmA Guarantee without pan rating its rights against Guarantor_ 6. This Guaranty shall mune to the benefit of FPL. and shall be binding upon Guarantor and Guarantor's heirs and assrgm& 7- Guarantee hereby mvihmizes FfrL to da,close all of,Guarantee's billing info mate inclahng third paha notfication. to the Guarantor so long as this Guaranty remain s in effect Guarantor agree to receim all appropriate billing, information at the Guarantor' --,m ~ :M address listed below and finder agrees to notify FPI. prourptly of any change in addae. ; iprur-ided, :hoimrw, that neit6 receipt of this billing ration nor rstiatis of billing for the Cumm tee's seniae aco mt(s):shallbe con trued a, a limitation on lffie amount guaranteed imd er this Guaranty. (Continued on Sheet No. 9AI 1) Issued, by: S. E. Rmni&, Direetaar. Rates :and Tariffs Effective - 1340 FILED UN 15, 2017 DOCUMENT NO 05341-17 FPSC -COMMISSION CLERK' BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION / 1) In re: Petition for approval of revisions to tariffDOCKET NO. 170093 -EI sheet Nos. 4.070 and 4.080, deposit ORDER NO. PSC -17 -0229 -TRF -EI requirements and customer billing, by Duke ISSUED: June 15, 2017 Energy Florida, LLC. The following Commissioners participated in the disposition of this matter: JULIE 1. BROWN, Chairman ART GRAHAM RONALD A. BRISE JIMMY PATRONIS DONALD J. POLMANN ORDER APPROVING DUKE ENERGY FLORIDA LLC'S MODIFICATIONS TO TARIFF SHEET NOS. 4.070 AND 4.080 BY THE COMMISSION: On April 28, 2017, Duke Energy Florida, LLC (Duke or Company) filed a petition requesting Commission approval of amendments to Tariff Sheet Nos. 4,070 (Guarantee Deposits) and 4.080 (Billing). During the 2015 session, the Florida Legislature enacted House Bill 7109 which was incorporated into Chapter 2015-129, Laws of Florida. Among other things, the legislation created Section 366.05(1)(b) and (c), Florida Statutes (F.S.). Paragraph (1)(b) addresses billing periods and Paragraph (1)(c) addresses customer deposits. These laws became effective on July 1, 2015. We adopted amendments to Rules 25-6.100 (Customer Billings) and 25-6.097 (Customer Deposits), Florida Administrative Code (F.A.C.), respectively, to implement the laws enacted in July 2015.1 Duke is requesting tariff modifications at this time to ensure that the Company's tariff language continues to conform to the applicable statutes and rules. We have jurisdiction in this matter pursuant to Sections 366.03, 366.05, and 366.06, F.S. DECISION Section 366.05(1)(b), F.S., provides that if we authorize a public utility to charge tiered rates based upon levels of usage and to vary its regular billing period, the utility may not charge a customer a higher rate because of an increase in usage attributable to an extension of the billing period; however, the regular meter reading date may not be advanced or postponed more than five days for routine operating reasons without prorating the billing for the period. We amended Rule 25-6.100, F.A.C., to implement the statutory changes.2 The prior rule specified that the regular meter reading date may be advanced or postponed not more than 5 days without a proration of the billing for the period, but did not address the application of tiered rates to ' Order No. PSC-16-0024-FOF-PU, issued January 12, 2016, In Docket No. 150241-PU, In re: Proposed amendments to Rules 25-6.093, Information to Customers; 25-6.097, Customer Deposits; 25-6.100, Customer Billings; 25-7.079, Information to Customers; 25-7.083, Customer Deposits; and 25-7.085, Customer Billing, F.A.C. 2 Id. 1.3'11 ORDER NO. PSC -17 -0229 -TRF -EI DOCKET NO. 170093 -EI PAGE 2 extended billing periods. Tiered rates, such as Duke's residential energy charges, apply a higher energy charge to usage above 1,000 kilowatt-hours. Duke has proposed to add language to Tariff Sheet No. 4.080 to reflect the statutory requirements and to include the Company's current billing practices in its tariff. The revised tariff sheet addresses both the proration of charges when billing periods are varied by more than five days, as well as the prohibition against charging higher tiered rates if the extension of a billing period of more than five days causes a customer's energy consumption to exceed the Company's tier threshold of' 1,000 kilowatt-hours. Duke has represented to our staff that its current business practices regarding bill proration and administration of tiered rates are in compliance with Section 366.05(1)(b), F.S. Section 366.05(1)(c), F.S., provides that for an existing account, the total deposit may not exceed two months of average actual charges. For a new service request, the total deposit may not exceed two months of projected charges. Once a new customer has had continuous service for a 12 -month period, the amount of the deposit shall be recalculated using actual data. Any difference between the projected and actual amounts must be resolved by the customer paying the additional amount that may be billed by the utility or the utility returning any overcharge. We amended Rule 25-6.097(1), F.A.C., to state that the utility's methodology for determining customer deposits for existing and new accounts shall conform to Section 366.05(l)(c), F.S.3 The prior rule language already required that the total amount of a deposit not exceed twice the average monthly bill. Duke's proposed revisions to Tariff Sheet No. 4.070 conform to the language of Section 366.05(1)(c), F.S., by stating that deposits for existing accounts and new service requests will be calculated in the manner set forth in Sections 366.05(1)(c)l. and 2., F.S., respectively, and address the new statutory provision for deposits to be recalculated on an annual basis. Duke also included several minor administrative modifications to ensure that the revised Tariff Sheet 4.070 comports with Rule 25-6.097, F.A.C., and reflects the Company's current operating practices. Pursuant to Rule 25-6.097(3), F.A.C., utility customers receive refunds of their deposits with interest after a period of 23 months of continuous service, assuming their payment record is satisfactory. Therefore, for the majority of utility customers, the deposit amount recalculation after a 12 -month period of continuous service occurs only once. Having reviewed the applicable statutes, rules, and proposed tariffs filed by Duke, we find that the tariff sheet revisions conform to the applicable statutes and rules. Therefore, we approve Duke's requested modifications to Tariff Sheet Nos. 4.070 and 4.080, as reflected in Attachment A, effective June 5, 2017. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Duke Energy Florida, LLC's requested modifications to Tariff Sheet Nos. 4.070 and 4.080, as reflected on Attachment A, are hereby approved effective June 5, 2017. It is further 1,3 -IA ORDER NO, PSC -17 -0229 -TRF -EI DOCKET NO: 170093 -.EI PAGE 3 ORDERED that if a protest is filed within 2_1 days of the issuance of this Order, the tariff shall remain in effect with any charges held subject to refund pending resolution of the protest. It is further ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance of a Consummating Order. By ORDER of the Florida. Public Service Commission this 15th day of June, 201'1. CARLOTTA S. STAUFFER Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 www.floridApse.com Copies furnished: A copy of this 'document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS The Florida. Public Service Commission. is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation maybe available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The Commission's decision on this tariff is interim. in nature and will become final, unless a person whose substantial interests are affected by the proposed action files a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This ..petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0.850, by the close of business on July 6, 2.017.. In the absence of such a petition, this Order shall become final .and effective upon the issuance of a Consummating Order. IJ -113 ORDER NO. PSC -17 -0229 -TRF -EI DOCKET NO. 170093 -EI PAGE 4 Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -17 -0229 -TRF -EI DOCKET NO. 170093 -EI PAGE 5 DUKE SECTIf7N NOL IV FIEILQU=4REVISED SHEET ND_ 4.070 ENERGY. ca>SFOWTlt EtMSEDSHEET'KO. 4.070 ATTACHMENT A Page I of 2 PART Vii Gl1ARMUEE DEPOSITS 7.01 Deposit Reequirmtient In order to guarantee payment for service renderedl the Customer shall provide the Company with a cash deposit arother .acceptable guarantee such as a surety txxad, letter of credit,or guarantee fetter. For residentialcustomers, the guarantor must be a customer of the Company with a .satisfactory payment record. For non- residential customers;, the guarantor needs not be a customer of the Company, but must be a banks or insuranoe company, orother insEituffon with proven financial rapatrlity to furnish such a guarantee. r i„n_ 4 ^^ '`=-V'g n Deposits !fir existirna aoc�,un9s and neer serd� requests will he calculated in the manner 4Ft 3ratr in Heston 32B.43+t1}ic79. YS '? VfnriAa , ah sac M451 Pis may F� aen nded' from to tm i*e }: rescr_€tivel r. Decosits vill be rr-oalwtated at bast on an annual basis. A deposit requirement may be waived for customers who have previouslyestablished a satisfactory payment record Wth the Company or !meet the Company s, requirements forthe establishment of credit 7.02 Refund of Deposit A#trr a customer has had continuous seruiiae for a period of twenty-three (23) months and established a satisfactory payment record. the Company will refund a residential custoruees deposit .and at its option either refund or commence applying a higher rate of :interest on a non-vesidfential customees deposit as provided for in Section 26.8.097(35) of the Florida Public Service Commission Rules. A customer is considered to have established a satisfactory payment record, if over the preceding twelve (12) rnonths of service, the customer has not had a disconnection of service for noxa -payment of bill, made payment with a dishonored check', er-had norre than one (1) tate payment ncrtioe_ - #arnra?recf srtth the etecfrlc ureter. car ri d serudr_e tri a. fr lcrdutlertt or unauthorized Imanwe — Any dspos5t, plus .accrued: interest being held by the Company upon terrrdn3 ion of service will be credited to the GrCustomer!'s final'bill and any reanaining balance refunded. 793 New or Additional'[ Deposit The Company may require upon vrrittten notice to fhe Q&L— 2 of not less than thirty (3D') days a. Fiew depesil; ,..i. %ffily ..» .,a' .. ...a. d - ,.e.d i .+ r :+arsexiciF nrt an existing acccuL r -in order to secure Payrne of ekimen bills. 7.04 Interest on Deposit_ Interest. vrrTl accrue on deposit amounts in existence for a c ontinuous period of six (8) months or longer at the minimum rate provided for in Section 2"jDg7(4§) of the Florida Public 'Service Cornnission Rules. Accrued interest stiff be pard either as a credit on the Gustomeras June hilt or as a payment upon refund of deposits or upon final settlement of cCustomeft account ISSUED HY: Javier J- Patuoadoo Director, Rates & Regulatory Strategy— FC EFFECTIVE #F 29, 2843 ORDER NO. PSC -17 -0229 -TRF -EI DOCKET NO. 170093 -EI PAGE 6 8.01 Billing Period: SECTION NO. til F,jM:LCui A REVISED SHEET NO. d..OBQ CANCELS FOURTHP= REVISED SHEET NO. tdl1hY �PART Vlll BILLING ATTACHMENT A Page 2 of 2 Pape t of 2 A big for,service will be rendered on a regular monthly cycle as scheduled by the Company- A 3n,onnal billing month is. an interval'betvreen scheduled meter reading dates and is appm)imately thirty (30) days. 8.02 Prorated MonttOy Biilsc A normal monthly bill w1l be prorated (based on actual number of'days vs.'thirty (30)) if the meter reacting date is. advanced er:postgareed more than five (5) days from the scheduled read date Atl other types of bills (including initial, final. or reroute) will be prorated if they cover more or less than a regular monthly billing period (mcluding the five -(5) day reading range) If the bjIiRn o&i d k e erg d iron- than five (5) 8.03 Measurement and Evidence of Consumption- Power onsumption: Poer and energyshatt be :measured for each point of delivery try one ameter far each type of service rendered,- and endered;and the Company's readings and records thereof shall be accepted and received, at all times and places as prima facie evidence of the quarnity of electricity used by the Customer at the point of delivery. (1) Conjunctive EMlirhg: The Company does not permit conjunctive billing. Each point of delivery leo the same customer constitutes a separate service, and bills for two (2) or more ,points of delivery to the same customer shall be calculated separMety for each ;point of delivery; havrever, where more. than one (I) meter is used to measure the same type of service, although only one point of deINM is involved. each such meter shad be calculated and billed separately, as though it were a separate service, until such time as the Customer rearranges his facilities to take all of the.same type of service thruiegh a single meter_ (2) Unread Meters: When the Company is unable to read a :meter dire to circumstanoes beyand the control of the Company, such as inaccessibility of metersbecause of flood or stormy conditions, the Company may render a minimum or estimated bill. 8.06 Delinquent;Bills: Bills are due when rendered and becorne delinquent if not paid within twenty (20) days after the dale of mailing or delivery. A late payment charge %,Wl be applied to accounts that have past due balances, in accordanoe v6th the Companys'Rate Schedule SC -1 Non -receipt of bilis by customer shalf not release or diminish the obligation of the Customer with respect to payment thereof on time_ 8.05 Vacating or Change of Occupancy. When a customer vacates a ;premise served by the Company, or Wwn .a change of occupancy therein tabes place, the outgoing customer shall notify, the nearest office of the Corn, pang not less than three (3) days prior to the date of vacating or change, as the case may be. and the outgoing customer shall be held responsible' for all electric service used on such premises until such notice is received and service is disconnected, or until application for service at said location has been made by a neer ousionwr and accepted by the Company,. vrfiicheverfirst occurs. 8.06 Service Charges: Service Charges shall be made for each establishment or re-establishment of service. and for each returned check, in accordance with the Company's Rate :Schedule SC -9. 8.07 Adjustment of'Bilis:. Adfustment of bills shall be made in accordance with regulations of the Florida Ptrblic:Service Comrnissicn. Nerd ISSUED BY:.IavierJ_ Portuondo, Director, Rates.& Regulatory Strategy— FL EFFECTIVE: ,x_ - , 2943 /3 - j� FILED JUN 29, 2017 DOCUMENT NO. 05612-17/I( l `% State of Florida FPSC - COMMISSION CLERK Public Service Commission CAPITAL CIRCLE OFFICE CENTER • 2540 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-0850 M -E -M -O -R -A -N -D -U -M - DATE: June 29, 2017 TO: Office of Commission Clerk (Stauffer) eon FROM: Division of Engineering (Matthews, Thompson) Office of the General Counsel (Corbari) RE: Docket No. 170077 -EQ — Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. AGENDA: 07/13/17 — Regular Agenda — Proposed Agency Action — Interested Persons May Participate COMMISSIONERS ASSIGNED: All Commissioners PREHEARING OFFICER: CRITICAL DATES: SPECIAL INSTRUCTIONS' Administrative None Staff recommends the Commission simultaneously consider Docket Nos. 170070 -EQ, 170072 -EQ, 170075 - EQ, & 170076 -EQ Case Background Section 366.91(3), Florida Statutes (F.S.), requires that each investor-owned utility (IOU) continuously offers to purchase capacity and energy from renewable generating facilities and small qualifying facilities. Florida Public Service Commission (Commission) Rules 25-17.200 through 25-17.310, Florida Administrative Code (F.A.C.), implement the statute and require each IOU to file with the Commission, by April 1 of each year, a revised standard offer contract based on the next avoidable fossil fueled generating unit of each technology type identified in the utility's current Ten -Year Site Plan. On April 3, 2017, Florida Power & Light Company (FPL) filed a petition for approval of its revised standard offer contract and rate schedule based on its 2017 Ten -Year Site Plan. The Commission has jurisdiction over this standard offer contract pursuant to Sections 366.04 through 366.06, and 366.91, F.S. Z-11 Docket No. 170077 -EQ Date: June 29, 2017 Discussion of Issues Issue 1 Issue 1: Should the Commission approve the revised renewable energy tariff and standard offer contract filed by Florida Power & Light Company? Recommendation: Yes. The provisions of FPL's revised renewable energy tariff and standard offer contract conform to all requirements of Rules 25-17.200 through 25-17.310, F.A.C. FPL's revised standard offer contract provides flexibility in the arrangements for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. Staff recommends that FPL's revised renewable energy tariff and standard offer contract be approved as filed. (Thompson) Staff Analysis: Rule 25-17.250, F.A.C., requires that FPL, an IOU, .continuously makes available a standard offer contract for the purchase of firm capacity and energy from renewable generating facilities (RF) and small qualifying facilities (QF) with design capacities of 100 kilowatts (kW) or less. Pursuant to Rules 25-17.250(1) and (3), F.A.C., the standard offer contract must provide a term of at least 10 years, and the payment terms must be based on the utility's next avoidable fossil -fueled generating unit identified in its most recent Ten -Year Site Plan or, if no avoided unit is identified, its next avoidable planned purchase. FPL has identified a 1,163 megawatt (MW) natural gas-fired combined cycle (CC) as its next fossil -fueled generating unit in its 2017 Ten -Year Site Plan. The projected in-service date of this unit is June 1, 2022. The RF/QF operator may elect to make no commitment as to the quantity or timing of its deliveries to FPL, and to have a committed capacity of zero (0) MW. Under such a scenario, the energy is delivered on an as -available basis and the operator receives only an energy payment. Alternatively, the RF/QF operator may elect to commit to certain minimum performance requirements based on the identified avoided unit, such as being operational and delivering an agreed upon amount of capacity by the in-service date of the avoided unit, and thereby becomes eligible for capacity payments in addition to payments received for energy. The standard offer contract may also serve as a starting point for negotiation of contract terms by providing payment information to an RF/QF operator, in a situation where one or both parties desire particular contract terms other than those established in the standard offer. In order to promote renewable generation, the Commission requires the IOU to offer multiple options for capacity payments, including the options to receive early or levelized payments. If the RF/QF operator elects to receive capacity payments under the normal or levelized contract options, it will receive as -available energy payments only until the in-service date of the avoided. unit (in this case June 1, 2022), and thereafter, begin receiving capacity payments in addition to the energy payments. If either the early or early levelized option is selected, then the operator will begin receiving capacity payments earlier than the in-service date of the avoided unit. However, payments made under the early capacity payment options tend to be lower in the later years of the contract term because the net present value (NPV) of the total payments must remain equal for all contract payment options. -2- Docket No. 170077 -EQ Date: June 29, 2017 Issue 1 Table 1 below, contains FPL's estimates of the annual payments for each payment option available under the revised standard offer contract to an operator with a 50 MW facility, operating at a capacity factor of 94 percent, which is the minimum capacity factor required under the contract to qualify for full capacity payments. Normal and levelized capacity payments begin in 2022, reflecting the projected in-service date of the avoided CC unit (June 1, 2022). Table 1 - Estimated Annual Payments to a 50 MW Renewable Facility (94% Canacitv Factor) Source: FPL's Response to Staff's First Data Request' 'Document No. 05113-17, dated May 31, 2017, in Docket No. 170077 -EQ. -3- t j-0 Energy Payment Capacity Payment By Type) Normal Levelized Early Early Levelized Year $(000) $(000) $(000) $(000) $(000) 2018 11,197 - - 2,761 3,200 2019 14,915 - - 2,816 3,200 2020 11,148 - - 2,872 3,200 2021 10,984 - - 2,929 3,200 2022 11,201 4,201 4,775 2,988 3,200 2023 11,133 4,289 4,775 3,048 3,200 2024 12,500 4,378 4,775 3,109 3,200 2025 12,420 4,470 4,775 3,171 3,200 2026 13,715 4,563 4,775 3,234 3,200. 2027 14,650 4,658 4,775 3,299 3,200 2028 13,941 4,756 4,775 3,365, 3,200 2029 14,672 4,855 4,775 3,432 3,200 2030 14,989 4,956 4,775 .3,501 3,200 2031 14,375 5,060 4,775 3,571 3,200 2032 15,902 5,166 4,775 3,642 3,200 2033 16,620 5,274 4,775 3,715 3,200 2034 15,600 5,384 4,775 3,790 3,200 2035 16,001 5,497 4,775 3,865 3,200 2036 16,495 55611 4,775 3,943 3,200 2037 16,657 5,729 4,775 4,022 3,200 Total 262,455 785845 765392 67,074 63,996 NPV (2018$) 134,640 325443 325443 32,443 32,443 Source: FPL's Response to Staff's First Data Request' 'Document No. 05113-17, dated May 31, 2017, in Docket No. 170077 -EQ. -3- t j-0 Docket No. 170077 -EQ Issue 1 Date: June 29, 2017 FPL's revised renewable energy tariff and standard offer contract, in type -and -strike format, are included as Attachment A to this recommendation. Revisions include updates to the avoided unit, dates, and payment information which reflect the current economic and financial assumptions for the avoided unit costs. Conclusion The provisions of FPL's revised renewable energy tariff and standard offer contract conform to all requirements of Rules 25-17.200 through 25-17.310, F.A.C. FPL's revised standard offer contract provides flexibility in the arrangements for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. Staff recommends that FPL's revised renewable energy tariff and standard offer contract be approved as. filed. -4- i Docket No. 170077 -EQ Issue 2 Date: June 29, 2017 Issue 2: Should this docket be closed? Recommendation: Yes. This docket should be closed upon issuance of a consummating order, unless a person whose substantial interests are affected by the Commission's decision files a protest within 21 days of the issuance of the Commission's Proposed Agency Action Order. Potential signatories should be aware that, if a timely protest is filed, FPL's standard offer contract may subsequently be revised. (Corbari) Staff Analysis: This docket should be closed upon the issuance of a consummating order, unless a person whose substantial interests are affected by the Commission's decision files a protest within 21 days of the issuance of the Commission's Proposed Agency Action Order. Potential signatories should be aware that, if a timely protest is filed, FPL's standard offer contract may subsequently be revised. -5- Attachment A Page 1 of 42 ATTACHMENT F ;r Contract and Rate Schedule QS,-2 in Legislative Format Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT COMPANY #rihNlrith Revised Sheet No. 9.030 Cancels SeventiiEighth Sheet No. 9.030 STANDARD OFFER CONTRACT FOR THE PURCHASE OF CAPACITY AND ENERGY FROM A RENEWABLE ENERGY FACILITY OR A QUALIFYING FACILITY WITH A DESIGN CAPACITY OF 100 KW OR LESS (202ti20�22 AYOIDF,D UNIT) Attachment A Page 2 of 42 THIS STANDARD OFFER CONTRACT (the "Contract') is made and entered this day of _..by and between _ _ _ (herein after "Qualified Scllcr" or "Q$") a corporation/limited liability company organized and existing under the laws of the State of and owner of a Renewable Energy Facility as defined in section 25-17.210 (.1) F.A.C. or a Qualifying Facility with a design capacity of 100 KW or less as defined in Section 25-17.250. and Florida Power & Light Company (hereinafter "FPL") a corporation organized and existing under the lases of the State of Florida. The QS and FPL shall be jointly identified herein as the "Parties". This Contract contains five Appendices: Appendix A; QS -2 Standard Rate for Purchase of Capacity and Energy; Appendix 13, Pay for Performance Provisions; Appendix C. Termination Fee Appendix D, Detailed Project information and Appendix E. contract options to be selected by QS. WITNESSETH: WHEREAS, the QS desires to sell and deliver, and FPI, desires to.purchase and receive, firm capacity and energy to be generated by the QS consistent with the terms of this Contract. Section 366.91. Florida Statutes. and/or Florida Public Service Commission ("FPSC") Rules 25-17.082 through 25-17.091. F.A.C. and FPSC Rules 25-17.200throueh 25.17.310.F.A.C. WHEREAS, the QS has signed an interconnection agreement with FPL (the "Interconnection Agreement*'), or it has entered into valid and enforceable interconnection/transmission service agrecntent(s) with the utility (or those utilities) whose transmission facilities are necessary for delivering the firm capacity and energy . to FPL (the "Wheeling Agreement(s)"); WHEREAS, the FPSC has approved the form of this Standard Offer Contract for the Purchase of Finn Capacity and Energy from a Renewable Energy Facility or a Qualifying Facility with'a design capacity of 100 KW or less; and WIIEREAS, the Facility is capable of delivering firm capacity and energy to FPL for the terni of this Contract in a manner consistent with the provisions of this Contract; and WHEREAS. Section 366.91(3), Florida Statttics, provides that the "prudent and reasonable costs associated with a QS energy contract shall he recovered from the ratepayers of the contracting utility, without differentiating among customer classes. through the appropriate cost -recovery clause mechanism" administered by the FPSC. NOW, THEREFORE, for mutual consideration the Parties agree as follows: (Continued on Sheet N6. 9.031) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: Trepteusl+er .... -7- t!13a 3 Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA PONVERB LIGHT COMPANY (Continual from Sheet No. 9.()30) Attachment A Page 3 of 42 Rri Second Revised Sheet No. 9.031 Cancels'ArWmA Firsi Shect No. 9.031 I. QS Facility The QS contemplates, installing operating and maintaining a KVA generating facility located at (hereinafter called the "Facility"). The Facility is designed to produce a maximum of kiloa acts ("MY) ofcicctric power at an 85% lagging to 1351A leading poster factor.The Facility's.location and generation capabilities are as described in the table below. TECHNOLOGY AND GENERATOR CAPAI)I.LITIES Location: Specific legal description (e.g., metes and bounds or other legal C description with street address required) Coouu nt): Generator Type (Induction or Synchronous) Type of Facility (Hydrogen produced from sources otlter than fossil fuels, biomass as defined in Section 25-11.210 (2) F.A.C. , solar energy, geothermal energy, wind energy, ocean energy, hydroelectric poster, waste heat from sulfuric acid manufacturing operations: or <IOOKW cogenerator) Technology Fuel Type and Source Generator Rating (KV A) Maximum Capability (K%N) Alinimum Load Peaking Capabilin Net Output (KW) Power Factor M Operating Voltage (kV) Peak Internal Load KW The following sections (a) through (c) are applicable to Renewable Energy Facilities ("RGFs") and section (fig) is only applicable to Qualifying Facilities with it design capacity of 100 KW or less: (a) If the QS is a REF, the QS represents and ssamnts that (i;) the sole sources) of fuel or power used by the Facility to produce energy for sale to FPL during the term of dtis Contract shall be such sources as are defined in and provided for pursuant to Sections 36691(2) (a) and (b), Florida Statutes, and FPSC Rules 25-17.210(1) and (2), F.A.C.: (ii) Fossil fuels shall be limited to the minimum quantities necessary for start-up, shut -down and fur operating stability at minimum load: and (_iii) the REF is capable ofgcncrating the amount of capacity pdrsnant to Section 5 of this Agreement stithout the use of fossil fuels. (b) The Parties agree and acknowledge that if the QS is a REF, the QS will not charge for, and FPL shall have o obligation to pay for, any electrical energy produced by the facilitt� front 'a source of fuel or power except ans specifically provided fur in paragraph I(u) above. (Continued on Sheet No. 9.032), Effective:. SeptemheF 0; 20 M 1j;, �,�)4 Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT COMPANY (Conlinucd (inn Shucl No. 9.031) -Teoflt i tenth Revised Sheet No. 9.032 CancelsNlnfhl'enth Revised Sheet No. 9.032 (c) 1f the QS is a REF, the QS shall, on an annual Iasis and within thirty (30) days:flier theanniversary dale of this ContMO and on an annual basis thereafter for the term of Ws Contract. deliver to FPL a report certified by an officer of the QS: (i) slating, the t)Pc and amount of each source of fuel or power used by die QS to produce energy daring the heclve month period prior to the anniversary date (Ute "Contract Year'): and (ii) verifying that one hundred percent(1000 rj of all energy sold by the QS to f•TL during the Contract Year complies with Sections 1(a) and (1t) of this Contract. (d) If the QS is a RV1:, the QS rprsents and wmrrants that the Facility erects the renewable energy requirements of Section 366.91(2Xi) and (h). Florida Slatutcs, and FPSC Rules 25-17.210(1) and (2).. F.A.C.. and that the QS stall continue to meet such rquiremenU throughout the Icon of this Contract. FPL shall have the richt at all times to'inspial Uro Facility and to usmnine any pontis, records. or other documenis, of the QS that FPL deans neccss m, to verify that the Facility Inerts smith requirements. (c) 'the Facility (i) has been certified or has selkertified as a "qualifying facility" pursuant to the Rqulatiuns of the Federal Energy Regulator• Commission ("FERC"} or (ii) has been certified by the FMC as it "qualifying facility" pursuant la Rule 25-17,0q 1), A QS dial is a qualit}ing facility- with a design capacih of less than 100 KW shall maintain enc "qualifyirrt status' of Use Facility fhmuglmut Ilio temh of this Contruci.-I-111, shall love Ute rigid at all times to inspW Ute Facility and f , eaamihte any books and records or other documents of the Facility that FPL deems necess try to verily the Facility's qualifying status. On or before March 31 of each year during dna tern of this Contract. Ute QS shall provide to lTl. a certificate Signed by an otlicer of the QS certifying that the Facility has continuously maintained qualifying status, 2. TermofContract Except as otherwise provided herein, this Contract shall become effective inunediitely upon its execution by the 'Panics into "Flfective DaW) and slndl have the termimdon date seams it Appen ix E. unless terininalcd cailier in accordance with lite provisions hercnl'. Notwithstanding the forceoing. if the Capacity' Ikliyery Date (as defined in Secfion S,5) ofthe Facility is not accomplished by the QS before hoc 1.24-24-2O22 or such Iat4r date as may be termitted by FPL liursuant to Section 3 of this Contract. 177111. will he permitted to terminate this Contract consistent with the iemhs herein without further obligations. duties or liability to the QS, Minimum Specifications Following arc the minimmn sfecifcations pertaining to this Contract: L 11te avoided unit ("Avoided Unit") on which thisContract is based is detailed in Appendix A- 1 11 is oftir shall expire on Aphil I.2x t 201 —q- 3. 11tc date Im which firm capacity and enctgy deliveries from the QS to FPI, %hill continence is the in-service date of the Avoided Unit (or such later tLtte ns may be l+crtnitted by .ITI, pursuant to Scctinn S of this commei) unless the QS chooses a capacity fe,Y tient option that provides for early calmeity payments purstiant to the Mans of this Contract, 1. the period of lime over which limn capacity and energy ,shall he delivered trait the QS to F111. is a s1weitied in Appendix E:.provided-such itcriod shall he no less than a minimum often (10) rears alter the in-service date of lite Avoided Unit 5. The following are die mihinum pcnfonnance standards for die delivery of firm capacity and energy by. the QS to qukrlfly far fill caivacity payments under this Contract; On Peak Avuilabililv 94.016 All Hours 94.0 QS Performance and (.)it Peak hours shall he as measured andtor de:crihed in I"I Us Rate Schedule QS -2 attached lento as Appendix A (Continued on Sheet No. 9.0;2.1) Issued by: S. E. Romig, Director, Rates and Tstriffs Effective: GTA -*-44,.40" Attachment A Page 4 of 42 ggnhi Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LI(;1 f COMPANY (Continued from Sheet )1o. 9.032) 3.2 QS, at no cost to FPL, shall be responsible to: Attachment A Page 5 of 42 First Revised Shed No. 9.032.1 Cancels Original Shed No. 9.032.1 3.2.1 Des�g4 construct, and maintain the Facility in accordance with this Contract, applicable law, regulatory, and governmental approvals, any requirements of warranty agreements or similar agreements, prudent industry practice, insurance policies, and fire Interconnection Agreement or Wheeling Agreement. 3.22 Perform all studies, pay all fees, obtain all necessary approvals and execute all necessary agreements (including the Interconnection Agreement or the Whoelmg Ag oment(s)) in order to schedule and ddiver the firm capacity and energy to FPL. 32.3 Obtain and maintain all permits, cer"Icatioas, licaises, consents or approvals of -Y governments] of regulatory authority necessary for the constriction, operation, and maintenance ofthe Facility (the "Permits"} QS shall keep FPL reasonably informed as to the status of its permitting efforts and shall promptly inform FPL of any Permits it is unable to obtain, that are delayed, limited, susperdel, terminated, or otherwise constrained in a way dot could limit, reduce, interfere with; or preclude QS's ability to perform its obligations Under this Contract (including a statement of wiiethei and to what extent this circumstance may limit or prechde QS's ability to perform under this Contract.) 3.2A Demonstrate to PPL's reasonable satisfaction that QS has established Site Control, an agreement for the ownership or lease ofthe Facility's site, for the Term of The Contract. 3.2.5 Complete all environmental impact studies and comply with applicable eavizomawial laws necessary for the construction, operation, and maintenance ofthe Facility. 3.26 At FPL's request, provide to FPL electrical specifications and design drawings pertaining to the Facility for FPL's review prior to faializing design of the Facility and before beginning construction work based on such specifications and dmwhugs, provided M's review of such specifications and design shell not be construed as endorsing the specification, and design thereof, or as any express or implied warranties iuchding perfommantce, safety, durability or reliability ofthe Facility. QS shall provide to FPL reasonable advance notice of any changes in the Facility and provide to FPL specifications and design drawings of any such changes. 32.7 Within fill= (1 S) days ager the close of each month from the first month following the Effective Date until the Capacity Delivery Date, provide to FPL a monthly progress report (in a form reasonably satisfactory to FPL) and agree to regularly scheduled modings bet%%= representatives ofQS and FPL to review such monthly reports and discuss QS's construction progress. Rhe Monthly Progress Report shall indicate wiretherQS is on target to meds the Capacity Delivery Date. If,,forany reason, FPL has reason to believe that QS may fail to achieve the Capacity Delivery Date, then, Upon FPL's rogoesl, QS shall submit to FPL, within len (10) business days of such request a remedial action plan ("Remedial Action Plan") that sets forth a detailed description of QS's proposed course of action to promptly achieve the Capacity Delivery Date. Delivery of a Remedial Action Plan does not relieve QS of its obligation to meet the Capacity Delivery Data 33 FPL shall have the right, but not the obligation, to: 3.3.1 Inspect during business hours upon reasonable notice, or obtain copies of all Permits held by QS. 3.32 Consistent with Section 3.2.6. nobly QS in writing ofthe tesuhs of the review within thirty (30) days of FPL's receipt ofall specifications for the Facility, including a description ofany flaws perceived by FPL in the design. 3.3.3 Inspect the Facility's construction site or on-site QS data and information pertaining to the Facility during business hours upon reasonable notice. (Continued on Shed110.9.033) Issued by: & L Rondg, Director, Rates and Tariffs Effective: Septeanber 13, 2016 -10- Docket No. 170077 -EQ Date: June 29, 2017 (Continued from Shed N6.9.032.1) Sale of Energy and Capacity by the QS Eighth Revised Sheet No. 9.033 Attachment A Page 6 of 42 4.1 Consistent with the tams hereof, the QS shall sell and deliver to FPL and FPL shall purchase and receive from the QS at the Delivery Point (damned below) all of the energy and firm capacity generated by the Facility. FPL shall have the sole and exclusive right to purchase ell energy and capacity produced by the Facility. The purchase and sale of energy and firm capacity pursuant to this Contact shall be a ( ) net billing err agement or ( ) simultaneous purchase and sole amooement; provided, howrever, that no such arrangement shall cam the QS to sell mote energy and firm capacity than the Facility's net output. The billing methodology may be changed at the option of the QS, subject to the provisions of FPL Rate Schedule QS -2. For purposes of this Contract, Delivery Point shall be defined as either. (a) the point of interconnection between FPL's system and the transmission system of the final utility lansmittiog energy am firm capacity from the Facility to the FPL system, as specifically described in the applicable Wheeling Agreemen4 or (b) the point of interconnection bebnreeo the Facility and FPL's transmission system, as specifically described in the interconnection Agrameni. 4.2 The QS shall not rely on intermptibie standby service for the start up requirements (initial or ot)erwise) of the Facility. 4.3 The QS shall be responsible for all costs, charges and penalties associated with development and operation of the Facility. 4.4 The QS shall be responsible for all interconnection, electric tosses, transmission and ancillary service arrangements and costs required to deliver, on a firm basis, the firm capacity and energy from the Facility to the Delivery PoiaL Committed CapadlylCapadh• Delivery Date 5.1 The QS commits to sell and deliver Into capacity to FPL at the Delivery Point, the amount of svbioh shall be determined in accordance with this Section 5 (the "Committed Capacity"). Subject to Section 5.3 the Committed Capacity shall be KW, delivery date no later them the la�ice date of the Avoided Unit or as otherwise specified in Appendix E (the "Guaranteed Capacity Delivery Date'l. 5.2 Testing of the capacity of the Facility (each such test, a "Committed Capacity Test") sball be performed in accordance with the procedures ser forth in Section 6. The Demonstration Period (defined herein) for One first Committed Capacity Test shell commence no earlier than six (6) months prior to the Capacity Delivery Date and testing must be completed by 11:59 p.m. on the date prior to the Guaranteed Delivery Date. The fin Committed Capacity Test shall be deemed successfully completed when the QS demonsustes to FPL's satisfaction that the Facility cam make available capacity of at least one hundred percent (100%) of the Committed Capacity set forth in Section 5.1. Subject to Section 6.1, the QS may schedule and perform up to three (3) Committed Capacity Tests to satisfy the capacity requirements ofthe Contract 5.3 FPL shall have the right to require die QS, by notice no less than ten (10) business days prior to such proposed test to validate the Committed Capacity of the Facility by means of subsequent Committed Capacity Tests as follows: (a) once per each Summer period and once per each Winter period at FPL's sole discretion,(b) at any lima the QS is unable to comply with any material obligation under this Contract for a perm of thirty (30) days or more is the aggregate as a consequence of an event of Force Majeure, and (c) at any fine the QS fails in three consecutive months to achieve an Annual Capacity Billing Factor, as defined in Appendix B (the ACBF" j; equal to or greater than 70%, The results of any such test shall be provided to FPL within seven (7) days of the conclusion of mach test On and after the date of such requested Committed Capacity Test, and until the completion ofa subsequent Committed Capacity Test, the Committed Capacity shall be deemed u the lower of the tested capacity or the Committed Capacity as set forth in Section 5.1. 5.4 Notwithstanding anything to the contrary herein, the Committed Capacity shall not exceed the amount set ronh in Section 5.1 without the prior written consent of FPL, such consent not unreasonably withheld. 5.5 The "Capacity Delivery Date" shall be defined as the first calendar day inunediately following the date of the Facility's successtlil completion of the first Committed Capacity Tat but no earlier than the commencement date for deliveries of firm capacity and energy (as such is specified in Appendix E) 5.6 The QS shall be entitled to receive capacity payments beginning on the Capacity Delivery Date, provided, the Capacity Delivery Date occurs on or before the in-service date of the Avoided Unit (or such later date permitted by FPL pursuant to the following sentence} if the Capacity Delivery Date does not occur on or before the Guaranteed Capacity Delivery. Date, FPL shall be entitled to the CompledonlPerfornanee Security (as set forth in Section 9) in full, and in addition, has the right but not the obligation,to, allow the QS try to an additional five (5) months to achieve The Capacity Delivery Date. If the QS falls to achieve the Capacity Delivery Date either by (a) the Guaranteed Delivery Date or (b) such later date as permitted by FPL, FPL shag have no obligation to meta any capacity payments under this Contract and FPL will be permitted to lambaste this Contact, consistent with the terms herein, without further obligations, duties or liability to the QS. (Continued on Sheet No. 9.034) Effective: (September 13, ZU16 11317 Docket No. 170077 -EQ Date: June 29, 2017 Second Revised Sheet No. 9.034 FLORIDA POWER & LIGHT COMPANY Cancels First Sheet No. 9.034 (Contnmed from ShcdNo. 9.033) Testing Procedures Attachment A Page 7 of 42 6.I The Committed Capacity Test must be completed successfully within a scdy-hour period (the'Demonstmtion Period'), which period, in the approximate stmt time of the Committed Capacity Test, shall be selected and scheduled by the QS by morns of o written notice to FPL delivered at least thirty (30) days prior to the start of such period. The provisions of the foregoing sentence shall not apply to any Committed Capacity Test required by FPL under any of the provisions of this Contract FPL shall have the right to be present onsite to monitor any Committed Capacity Test required or permitted under this Contract. 62 Committed Capacity Test results shall be based on a test period of twenty-four (24) consecutive hours (the "Committed Capacity Test Period') at the highest sustained net KIN rating at which the Facility can operate without exceeding the design operating conditions, temperature, pressures, and other parameters defined by the applicable manufacturer(s) for steady state operations at the Facility. If the; is a REF the Committed Capacity Test shall be conducted utilizing as the sole fuel source fuels or energy sources included in the definition in Section 366.91, Florida Statutes. The Committed Capacity Test Period shall commence at the time designated by the QS pursuant to Section 6.1 or at such other time requested by FPI, pursuant to Section 5.3; provided, however, that the Committed Capacity Test Period may commence earlier than such time in the event thatFFL is notified of, and consents to, such earlier time. 6.3 For the avoidance of doubt, normal station service use of unit auxiliaries, including, without limitation, cooling towers, heat exchangers, and other equipment required by law, shall be in service during the Committed Capacity Test Period. Further, the QS shall affect deliveries of any quantity and quality of contracted cogimerated steam to the steam hon during the Committed Capacity Test Period 6.4 The capacity of the Facility shat be the average net capacity (genemter output mints auxiliary) measured over the Committed Capacity Test Period 6.5 The Committed Capacity Test shall be performed according to prudent industry testing procedures satisfactory to FPL for the appropriate technology of the QS. 6.6 Except as otterwrLm provided herein, results of any Committed Capacity Test shall be submitted to FPL by the QS within seven (7) days of the conclusion of the Committed Capacity Test Payment for Electricity Produced by the Facility 7.1 Energy FPL agrees to pay the QS for energy produced by the Facility and delivered to the Delivery Point in accordance with the mtes and procedures contained in FPL's approved Rate Schedule QS -2, attached hereto as Appendix A. as it may be amended from amu to time and pursuant to the election of energy payment options as specified in Appendix E. The Parties agree Quit this Contract shall be subject to all of the provisions contained in Rate Schedule QS -2 as approved and on fele with the FPSC. 72 Firm Capacity FPL agrees to pay the QS for the firm capacity described in Section 5 in accordance with the rates and procedures contained in Rate Schedule QS -2, attached hereto as Appendix A, as it may be amended and approved from time to time by the FPSC. and pursuant to the election ore capacity payment option as specified in Appendix E. The QS undcrMarrds and agrees that capacity payments will be made under the early capacity payment options only if the QS has achieved the Capacity Delivery Date and is delivering frim capacity and energy to FPL. Once elected by the QS, the capacity payment option cannot be changed during the tern ofthis Contract. 7.3 Payments Payments due the QS will be made monthly and normally by the twentieth business day following the end of the billing period. A statement of the kilowatt-hours sold by the 0 and the applicable avoided energy rate at which payments are being made shall accompany the payment to the QS. (Continued on Shoes No. 9.035) issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 -12- 1� Cq Docket No. 170077 -EQ Date: June 29, 2017 FLORIBA POWER & LIGHT COMPANY (Continued from Sheet No. 9.034) Electricity Production and Plant Maintenance Schedule Seconal Revised Sheet No. 9.03S Cancels First Sheet No. 9.03S Attachment A Page 8 of 42 8.1 During the tam of this Conbact, no later titan sixty (60) days prior to the Capacity Delivery Date and prior to April t of each calendar year (hereafter, the QS shall submit to FPL in writing a detailed plan oC (a) the amount of firm capacity and rnetgy to be generated by the Facility and delivered to the Delivery Point for each month of the following calendar year, ami (b) the tires, duration and magnitude of any scheduled maintenance periods) and any anticipated reductions in capacity. 8.2 By October 31 of each calendar year. FPL shall notify the QS in writing whether the requested scheduled maintenance periods in the detailed plat are acceptable. if FPL objects to any of the requested scheduled maintenance periods, FPL shall advise the QS of One time period closest to the requested period(s) when the outage(s) can be scheduled The QS shall schedule maintenance outages only during periods approved by FPL, such approval not tmreasombly withheld One: the schedule for maintenance has been established and approved by FPL, either Party may request a subsequent change in such schedule and, except when such event is dux to Force Mgjcurc, request approval for such change from the other Party, such approval not to be unreasonably withheld or delayed Scheduled mainterumoe outage days shall be limited to uvea (7) days per calender year unless (he momufactura's wootmnaidation of maintenance outage days for the technology and equipment used by the Facility exceeds such 7 day period, Provided, such number of days is considered taasonoble by prudent industry standards and does not exceed two (2) fourteen (14) day intervals, one in the Spring and uric in the Fall, in any calendar year. The scheduled maintenance outage days applicable for the QS at _ days in the Spring and T days in the Feil of emb calendar year, provided tine conditions specified in the previous sentene are satisfied. in no event shall maintenance periods be scheduled during the following periods: lune 1 thnwhgh and including October 31 st and December I through and 'including February 28 (or 29® its the case may be). 8.3 The QS shag comply with reasonable requests by FPL regarding do) -today and hour -by -hour communication between the Parties relative to electricity production and maintenance scheduling. 8.4 Dispatch and control 8.4.1 The power supplied by the QS hereunder shall be in the form of three-phase 60 Hertz alternating currant, at a noatinai operating voltage of ,1100 volts ( kV) and power factor dispatchable and contmllabk in the range of 85% hhgging to 85% leading as measured at the Delivery Point to maintain system operating parmnetcM as specified by FPL. 8.42 At of times during the tam of this Contract, the QS shall operate and maintain the Facility(a) in mch s manneres to ensure compliance with its obligations hereunder, in accordance with prudent engineering and operating practices and applicable law, and (b) with all system protective equipment in service whenever the Facility is connected to, or is operated in parallel with, FPL's system The QS shall install at the Facility those system protection and control devices necessary to ensure safe and protected operation of all energized equipment during normal testing and repair. The QS shall have qualified personnel test and calibrate all protective equipment at regular intervals in accordance with good mgineaing and operating p=rices. A unit functional trip (est shall be performed after each overhaul of the Facility's turbine, generator or boilers and the results shall be provided to FPL prior to rewwft the Facility to service. The specifies of the unit functional trip test will be consistent with good engineering and operating pretties. 8.4.3 If the Facility is separated from the FPL system for any reason, under no circumstances sholl the QS reconnect the Facility into FPL's system without fast obtaining FPL's prior written approval. 8AA During the tern of this Contract, the QS shall employ qualified personnel for managing, operating and maintaining the Facility and.for coordinating such with FPL. If the Facility tuts a Committed Capacity greater than 10 MW then, the QS shall ensure Owl operating personnel are on duty at all tinics, twenty-four (24) hours a calendar day and seven (7) calendar days a week. If the Facility has a Committed Capacity equal to or less than 10 MW Oven the QS shall ensure that operating personnel aro on duty at least Opt (8) hours per day from 8 AM EST to 5 PM EST from Monday to Friday, with an operator on call at all other hours. 8.4.5 FPL shall at oil times be excused from its obligation to purchase and receive energy and capacity hereunder, and FPL shall have the ability to require the QS to curbil or reduce deliveries of energy, to the extant necessary (a) to maintain the reliability and integrity of any part of FPL's system, (b) in the event that FPL ddermines that a false to do so is Ucly to endanger life or property, or (e) is Neely to result in significant disruption of electric service to FPL's customers. FPL shall give the QS prior notice, if practicable, of its intent to refuse, curtail or reduce FPL's acceptance of energy and firm capacity pursuant to this Section mid will act to minimize the frequency and duration of such occurrences (Continued on Shoot Na 9A36) Issued by: S. EL Romig, Director, Rates and Tariffs Effective: September 13; 2016 -13- 113-62 `1 Docket No. 170077 -EQ Date: June 29, 2017 Attachment A Page 9 of 42 Second Revised Sheet No. 9.036 FLORIDA POWER & UGI -1T COMPANY Comb First Sheet No. 9.036 (Cominamd from Shat No. 9.033) 8.4.6 After providing notice to the QS, FPL shall not be required to purchase or aw receive energy from the QS during any pin which, due to operational circumstances, the purchase or receipt of such anergy would result in FPL's incurring costs greater than those which it would incur if it did not make such purchases. An example of such an occurrence would be a period during which the load being served is such that the generating units on Ii= arc base load units operating at their minimum continuous ratings end the purchaser of edditional energy would require taking a base load unit off the line and replacing the remaining load served by that unit with peddW ypc generation. FPL shall give the QS as much prior notice as practicable of its intent not to purchase or receive energy and firm capacity pursuant to this Soction. 8.4.71!the Facility has a Committal Capacity less thin 75 MW, control, scheduling and dispatch of firm capacity and energy shall be the responsibility of the QS. If the Facility has a Committed Capacity greater than or equal to 75 MW, than control, scheduling and dispatch of fon capacity and energy shell be the responsibility of the QS, except during a "Dispatch Hotrr", i.e., any clock hour for %bich FPL requests the delivery of such capacity and energy. During any Dispatcb Hour. (a) control of the Facility will either be by Seller's manual control under the direction of FPL (whether orally or in writing) or by Automatic Generation Control by FFL's system control center as determined by FPL, and (b) FPL may request that the real power output be at any level up to the Committed Capacity of the Facility, provided, in no event shall FPL require the real power output of the Facility to be below the Facility's Minimum Load without decommitting the Facility. 71he Facility shall deliver One capacity and anergy roquested by FPL within minutes, Wang into account the operating limitations of the gerteratirtg equipment as specified by the manufacturer, provided such time period specified herein is considered reasonable by prudent industry standards for the technology and equipment being utilized and asatming the Facility is operating at or above its Minimum Load. Start-up time from Cold Shutdown and Facility Turnaround time from Hot to Hot will be taken into consideration provided such are reasonable and consistent with prudent industry practices for Oro technology and equipment being utilized. The Facility's Operating Characteristics have been provided by the QS and are set forth in Appendix D. Section IV of Rate Schedule QS -2. 8.4.8 If the Facility has a Committed Capacity of less than 75 MW, FPL may require during certain periods, by oral, written, or electronic notification that tro QS cause &a Facility to reduce output to a level below the Committed Capacity but not lower than the Facility's Minimum Load. FPL shall provide as much notice as practicable, rronnally:scch notice will be of at least four (4) hows. The froque ncy of such request shall not exceed eight= (I8) times per calendar year and the duration of each request shag not exceed four (4) hours. 8.4.9 FPL's exercise of its tights under this Section 8 shall not give rise to any liability or payment obligation on the part of PPL, including any claim for breach of contract or for breach of arty covenant of good faith and fair doling. CompledonlParfomtance Security 9.1 As security for the achievement of the Guaranteed Capacity Delivery Date and satisfactory performance of its obligations heremder, the QS shall provide FPL either. (a) an unconditional, irrevocable, standby letter of credit(s) with an expiration date no earlier tum the and of the first (1st) anniversary of the Capacity Delivery Dale (or the next business day theralla), issued by o US. commercial bank or the US branch of a foreign bank having a Credit Rating of A- or higher by S&P or A3 or higher by Moody's (a "Qualified Issuer"), in form and substance acceptable to FPL (including provisions (t) permitting partial and full draws and (ii) permitting FPL to draw In full if such letter of credit is not r newad or replaced as required by the turns hocofat hist Chitty (30) business days prior to its expiration date) ('leaner of Credit"k (b) a bond, issued by a financially sound Company acceptable to FPL and in a form and substance acceptable to FPL, ("yond"k or (c) a cash collateral deposited with FPL ("Cash Collateral') (any of (a), (bk or (c), the "CompietionWerformmce Socurity"). CompletionlPerfomtanee Security shall be provided in the amount and by the date listed below. (a) $50.00 per kW (for the number of kW of Committed Capacity set forth in Section 5.1) to be delivered to FPL within five (5) business days of Oro EffcWve Data and (b)SI00.00 per kW (for the number of kW of Committed Capacity set forth in Section S.1) to be delivered to FPL two years before the Guaranteed Capacity "very Date `Credit Kaunas' neons with respect to any entity, on any date of detaminatim, the respective ratings then asagned to such antity's unsecured, senior long -tam debt or deposit obligations (trot supported by third party credit enhancement) by S&P. Moody's or other specified rating agency or agencies or if such unity does not have a rating for its unsocurod, senior longterm debt or deposit obligations, than the rating assigned to such entity as its "corporate credit ruling' by S&P. "Moodv's" means Moody's Investors Service. Inc. or its successor. 'a " means Standard & Paces Ratings Group (a division of The McOmu Hn71 Companies, Inc.) or its successor. (Continued on Sboct No. 9.037) Issued by: S. E. Romig, Director, Rates and Tariffs Effective September 13, 2016 -14- -)—OU Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT COMPMNY Sewn, IM ht Revised Sheet No. 9.037 Cancels SW Seventh Revised Sheet No. 4.037 (Continued from Shect No. 9.036) 9:2 The specific security instalment provided lin' purposes of Itis Contract is: ( )LcticrnfCredit. O Hnnd. O Cash Collateral. Attachment A Page 10 of 42 9.3 FPI. shall have the right to monitor (a) the financial condition orthe ismer ora Ldter of Credit in the event any Letter 01, Credit is provided by de QS, mid (b) the insurer, in the case orally Bond. In the event the issuer of a Lettcr of Credit no lon__er qualif iesas Qualified issuer or die issuer ora Bond is no longer financially sound; FI?L may require lite QS to replace the Letter orCredil or the Bond. as applicable Such replacement Letter orCrdit or bond must be issued by a Qualili d Issuer ora Gnancin)ly sound issues, as applicable. vtilhin ten (10) business drys foto%ving Witten ratification to the QS of the rquirancnt to replace. ):adore in• the QS to comply with the rolluirtiments of this Section 9.3 shall W grounds for Fill. to draw in full on the existing Letter of Credit or imnd and to exemia atv other remedies it mm' have hereunder. 9.4 Nomitihstanding We forgoing provisions or this Section 9, pursuant to FPSC Mule 2$47.091(4] F.A.C.. a QS qualifying as a •Solid Write Facihiv '.pursuant to Section 377:709(3) or (5), F.S.. respeclivelc. tray use an misccurW written commitment or pronitse to plc m a form reamnahlc acceptable to PPL, by the local government which ovens the Facility oron whosc Mialf the (2S operates the Fxilitc, to secure its obligation to achieve on a timely basis the C.yiacitc lkliyery Date and Ube culisfactan perdorin cc of its obligations hcrcumlcr. 9.5 FPI. skill be entitled ah dray% du Complctiou/I'crfonnalrcc Security to -Wisty any obligation or liability of QS arising pursuant to this Contract. 9.5.1 K the QS tails to achieve tie Capucitp Delivery Date oil or Before tike in-service date of the Avoided Unit or such later elute as Permitted In' FPI. pursuant to Section 5.6. IM shall be entitled intincdiately to receive; draw upon, or retain. as, the core may he. one -hundred (i fl!N%.) of. tile completion/ Perils m:mc : St cutity its liquidated damages free from any claim or right of any nature whatsoeverortic QS, including any equity or right of redemptivon by the QS.11ic parties ties aclrnondcdgc tial the injury that FPL hill sutler as a result of delayed availability of Committed Capacity and energy is difficult It, ascertain and that FPI, may accept such sures as liquidated dmnages and limirt in il%• Utter te9ne'dlcs %%loch may be av:tdable'lu it undr lar In In cquih. 9.5.2 fn the event that ITL roq vires the QS to perform enc or more Committed Cipicity'resi(s) it any time on or befurc the first miniveistry of civ Capacity Delivery Date pursuant to Section 5,3 and. in connection pith any such Committed Capaeity'fest(s). the QS tails to demoris(tatc a Capacity of :it leas! one -hundred percent (11111%.) rid the Committed Capacity set f.rth in Section 5.1. F1'1. shall lie entitled immediately to rcceico, crave upon. or retain. as tine case mqc be, ono hnidtcd penemt (100' 6) of th Camplelii hUPerl"oimatec Security as liquidated damages free front) :nry claim or light orally nature vahatsm wer of mite QS. including any equity or right or rdenlplion by tie QS. 59..? QS shall promptly. but in no 0%ent more than five (5) business days fnll,oing any idmn, on the ComplctioruTcttiimuurcc Security. replenish the Completion/Perimmance Security to the amounts nqutnd herein. 9.6 The QS, as the Pledgor of the Completion/Perfonnahce Security. hereby, pledges to ITI., as the seemed Party. as security for the achievement of the Capicit• Deliver Date and satisfactory p erli>rmnncc of its obligations hereunder. and giants to FI'1, a first priority continuinu security interest in. lien on and right of set -nor against all Compleinniftrionnance Security transferred It, or received by Fill. hercundcr, Upon the transfer or return in, Fill. to the QS of Completion4'crlomiance Security, The security interest and lien granted hereunder on that Cnnpletionll'erformance Security twill be released inmiediately mid. to tie email possiblo, a'itln ut any (other action by either party. (Continued on Sheol No. 9.03;c) Issued by: S. E. Romig, Director, Rates and Tariffs Effeetive: -15- Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT COMPANY (Coetinuod from Short No. 9.037) Attachment A Page 11 of 42 First Revised Sheet No. 9.038 Cancels Original Sheet No. 9.038 9.7 In lien of any interest, dividends or other amounts paid or deernod to have been paid with respect to Cash Collateral held by FPL (all of which may be retained by FPL), FPL will transfer to the QS on a monthly basis the Interest Amount, as calculated by FPL. "Interest Amount" means, with respect to each monthly period, the aggregate sam of the amounts of interest calculated for each day in that monthly period on the principal amount of Cash Collateral held by FPL on that day, determined by FPL for each such day as follows: (x) the amount of That Cash Collateral on that day; multiplied by (y) the Interest Rate in effect for that day, divided by (7.)360. "Interest Rate" means: the Federal Funds Overnight rate as from time to time in effect "Federal Funds Overnight Rate" . means, for The relevant determination date, the rate opposite the caption "Federal Funds (Effective)" as sct forth for that day in the weekly statistical release dcdgnatod as FL15 (5191 or any sumessoir publication, published by the Board of Governors of the Federal Reserve System. If on the determination date such nue is not yet published in Ii.15 (519), The nate for that date will be the rate set in Composite 3:30 P.M. Quotations for US. Government Securities for that day under the caption "Federal FundvEffective Rate" If on the determination date such rate is not yet published in either H.15 (519) or Composite 3:30 P.M Quotations for US. Government Sea¢ities, the rate for that date will be determined as if the Parties had specified "USD -Federal Funds -Reference Dealers" as the applicable rate. 10. Termination Fee 10.1 In Oxe event that the QS receives capacity payments pursuant to Option B. Option C, Option D or Option E (os such options arc defined in Appendix A and elected by the QS in Appendix E) or receives energy payments pursuant to the Fixed Firm Energy Payment Option (as such option is defined in Appendix A and elected by the QS in Appendix E) then, upon the termination of this Contract, the QS shall owe and be liable to FPL for a termination fee calculated in accordance with Appendix C (the "Termination Fee"). The QS's obligation to pay the Termination Fee shall survive the termination of this Contract FPL shag provide Oe QS, one monthly basis, a calculation of the Termination Fee. 16.1.1 The Termination Fee shall be secured (with the exception of governmental solid waste facilities covered by FPSC Role 25-17.091 in which cine the QS may use an unsecured written commitmerrt or promise to pay. in a fort reasonably acceptable to FPL, by the local government which owns the Facility or on whose behalf the QS operates the Facility, to secure its obligation to pay the Termination Fee) by die QS by: (a) en unconditional, irrevocable, standby letter(s) of credit issued by Qualified Issuer in form and substar m acceptable to FPL (including provisions (a) permitting partial and full draws and (b) permitting FPL to draw upon such lets of credit, in hill, if such lctter of credit is not renewed or replaced at least dririy (30) business days prior to its expiration date, (`Termination Fee letter of Credit"); (b) a bond, issued by a financially sound Company and in a form and substance acceptable to FPL, CTernantion Fee Bond"k or (c) a cash collateral deposit with FPL ( Termination fm Cash Collateral") (any of( a ), (bb or(c), Ihe'Tertnination Security") 10.12 The specific security instrument selected by The QS for purposes of this Contract is: ( )Termination Fee l.euerof(hedit ( ) Termination Fee Bond ( ) Termination Fee Cash Collateral 10.1.3 FPL shall have The right to monitor the financial condition of (i) Oro issuer of a Termination Foe Letter of Credit in the case of any Termination Fee Letter of Credit and (ii) The instua(s), in the ease of any Termination Fee Bond. In the event the issuer of o Termination Fee Letter of Credit is no longer a Qualified Ismer or Ore issuer ore Termination Fee Bond is no longer financially sound, FPL may require the QS to replace the Termination Fee Letter of Credit or the Termination Fee Bond, as applicable. In the event That FPL notifies the QS That it regtures:such a repbccmcat, The replacement Termination Fee Letter of Credit or Termination Fee Bond, as applicable, must be issued by a QualiGed.issoer or financially sound company within tea (10) business days following such notification. Failure by the QS to comply with the requirements of this Section 10.1.2 Fhail be grounds for FPI. to draw in till on any existing Termination Fee I,Cer of Credit or Termination Fee Bond and to exercise any other remedies it may have hereunder. (Continued on Sbect No. 9A39) Issued by: S. E. Romig, Director, Rates and Tadfrs Effective: September 13, 2016 -16- r.3-3A Docket No. 170077 -EQ Date: June 29, 2017 Attachment A Page 12 of 42 First Revised Sheet No. 9.039 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.039 (Continued from Sheet No. 9.038) 10.1.4 After the close of each calendar quarter (lvlatch 31, June 30, September 30, and December it) occw ing subsequent to the Capacity Delivery Date, the QS shall provide to FPL within tea (10) business days of the close of such calendar quarter wilt written assurance and documentation (the "Security Documrnlation" , in form and substance acceptable to FPL, that the amount of the most recently provided Termination Security is suliicienl to cover the balance of the Termination Fee. In addition to the foregoing, at any time during the tam of this Contract, FPL shall have the right to request, and the QS stall be obligated to deliver within five (5) business days of such request, such Security Documentation. Failure by the QS to comply with the requirements of this Section 10.1.3 shall be grounds for FPL to draw in fall on any existing Temtination Fee Letter of Credit or Termination Fee Bond or to retain any Termination Fee Cash Collateral, and to exercise any other remedies it may have hereunder to be applied against any Torntiration Fee that may be due and owing to FPL or that may in the future be due and owing to FPL: 10.1.5 Upon any termination of this Contract following the Capacity Delivery Dow, FPL shall be entitled to receive (and in the cage of the Termination Fee Letter of Credit or Termination Fee Bond, draw upon such Termination Fee Letter of Credit or Termination Fee Bond) and retain,one- hundred percent (100%) of the Termination Security to be applied against any Termination Fee that may be due and owing to FPL or that any in the future be due and owing to FFL. FPL will transfer to die QS any proceeds and Termination Security remaining after liquidation, set-off and/or application under this Article after satisfaction in full of all amounts payable by the QS with respect to any Termination Fa or other obligations due to FPI4 One QS in all events will remain liable for any amounts remaining unpaid atter any liquidation, set-offand/or application under this; Article. 102 The QS, as the Pledgor of the Termination Security, hereby pledges to FPL, as the secured Party, as security for the Termination Fee. and grants to FPL a fast priority continuing security interest in, lien on and right of se4offagainst all Termination Security transrerred to or reoeived by FPL he mmder. Upon the transferor return by FPL to the QS of Termination Security, the security interest and lien granted hereunder on that Termination Security will be released immediately and, to flue extent possible, without any further action by either party. 10.3 In lieu of any interest, dividends or other amounts paid or deemed to hove been paid with respect to Tamination Fee Cash Collateral held by FPL (all of which may be retained by FPL). FPL wit transfer to the QS on a monthly basis One Interest Amount, Pursuant to Section 9.7. It. Performance Factor FPL dosims to provide an inocntive to the QS to operate the Facility during on peek and off-peak periods in a rnanncr which approximates the projected performance of FPVb Avoided dull A formula to achieve this objective is ausehed as Appendix B. (Continued on Shed No. 9.040) Issued by: & E. Romig, Director, Rates and Tariffs Effective: September 13,2016 -17- 13-33 Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT COMPANY (CoinGnaed from Shed No. 9.039) 12: Default Fourth Revised Sheet No. 9.040 Cancels Third Revised Sheet No. 9.W 0 Attachment A Page 13 of 42 Notwithstanding the occurrence of any Force Majeure as described in Section 16, each of the following shall constitute an Event of Default 12.1 The QS fails to meet the applicable requirements specified in Section I of this Contract.; 12.2 The QS changes or modifies the Facility from that provided in Section 1 with respect to its type, location, technology or fuel source; wilbout prior written approval from FPL.; 12.3 After the Capacity Delivery Date, the Facility fails, for twelve (12) consecutive months, to maintain an Annual Capacity Hillmg Factor, as described in Appendix B. of at least 7096.; 12.4 The QS fails to comply with any of theprovisions of Section 9.0 hereot(CompletionflWonm nce Security). 12.5 The QS fails to comply with any of the provisions ofSection 10.0 hi roof (Teimination Security).; 12.6 The QS ceases the conduct of active business, or if proceedings under the federal ban)uuptcy Isv or insolvency laws shall be instituted by or for or against the QS or if a receiver shall be appointed for the QS or any of its assets or properties; or if any part of the QS's assets shall be attached, levied upon, encumbered, pledged, sazed or taken under any judicial pmce5s, and such pr000ediags shall not be vacated or fully stayed within 30 days thereof; or if the QS shall mate an assignment for the benefit of creditors, or admit in writing its inability to pay its debts as they become due. 12.7 The QS fails to give proper assurance acceptable to FPL of adequate performance as specified under this Contract within 30 days after FPL, with reasonable grounds for insecurity, has requested in writing such"assumico-. 12.8 The QS materially fails to perform as specified under this Contract including, but not limited to, the QS's obligations under any pan of Sections 8, and 18. 12.9 The QS fails to achieve the permitting, licensing; certification, and all federal, state and local governmental enviromnental and licensing approvals required to initiate construction of theFarality by no later than onc)cdy prior to Guaranteed Capacity Date. 12.16 The QS fails to comply with any of the provisions of Section 18.3 hereof (project Management] 12.11 Any of the representations or warranties made by.the QS in this Contract is false ormisleading in any material respect 12.12 The occurrence of an event of default by the QS under the Interconnection Agreement or any applicable Wheeling Agreement; 12.13 The QS fails to satisfy.its obligations undo Section 18.14 leeroof (Assignment). 12.14 The QS fails to deliver to FPL in mxronlance with this Contract any coergy or firm capacity required to be delivered hereunder or the delivery or sale of any such energy and turn capacity to an entity other than FPL. 12.15 The QS fails to perform any material covenant or obligation under this Contract not specifically mentioned in this Section 12, 12.16 If at any time after the Capacity Delivery Date, the QS mduccs the Committed Capacity due to an event of Force Majeure and fails to repair die Facility and reset One Committed Capacity to the level set forth in Section 5.1 (as such level may be reduced by Section 5.3) within twelve (12) months following the occurrence of such event of Force Majeure. (Continued on Shoot No. 9.041) Issued by: S. & Rom'& Director, Rates and Tariffs Effective: September 13, 2016 Docket No. 170077 -EQ Date: June 29, 2017 First Revised Shea No. 9.041 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.041 Attachment A Page 14 of 42 (Continued from Sleet Na 9.040) 13. FPL's Rights In the Event of Default 13.1 Upon the ooar atoc ofany of the Events of Default in Section 12, FPL may. (o) terminate this ControcI4,without penalty or further obligation, except os $et forth In Section 132, by written notice to the QS, and offset against any paymen(s) due frau FPL to the QS, any monies otherwise due from the QS to FPL; (b) draw on the Comptction/Perfornonce Security pursuant to Section 9 or collect the Temnnation Fm pursuaet to Section 10 as applicable- and (c) exercise any other remedy(ics) which may be available to FPL at low or in equity. 132 In the ease of an Event of Default, the QS teooFtim that any rcnedy.at law may be inndegimte because this Contract is umgao and/or becauso the actual damages of FPL may be difficult to reasonably ascertain. Thorofare, the QS agrees that FPL shall be entitled to pursue an action for specific performance, and the QS waives all of its rights to assert as a defrnae to such action that FPL's remedy at law is adequate. 133 Termination shall not affect the liability of either party for obligations mismg prior to such termination or for damages, if any, resiting, from arty broacb of this Contract. 14. . Indemnlfleador/LImits 14.1 FPL and the QS shall each be responsible fm its own facilities. FPL and she QS shall each be responsible for ensuring adequate safeguards for ether FPL customers. FPUs and the QS's persomd and equipment, and for the protection of its own generating system. Subject to section 2.7 Indemnity to Company. or section 2.71 indemnity to Company — Governmental, FPL:'s General Rules and Regulations of Tariff Shoot No.6.020 each party (the "Indeami4ing Party") agrees, to the event permitted by applicable taw, to indemnify, pay, defend, and bold harmless the other party Rhe "Indemnifying Pmty'7 and its ofLars, direetom, employees, agents and contractors (hrndnatter called respectively. 17L Entities" and "QS Entities') from and against any and all claims, demands, costs, or expenses for loss, damage, to Nary to persons or property of the Indemnified Party (or to third parties) caused by, arising out oC or resulting from: (a) a breach by the Indeomifying Party of its eomtiramrts, mpresattn ions, and warranties or obligations laaemder, (b) any act of emission by the Indemnifying Poly at its contractors, agm% servants or employees in connection with the installation or operation of its generation system or the operation thereof in connection with the other Parry's system: (c) any defect in, failure of, of fault related to. the Indcami4ing Pony's generation system: (d) the negligence at willful misconduct of the Indemnifying Party or its contractors, agents, servants or employees: or (e) any other event, act or incident, including the transmission road use of electricity, that is the ravlt of, or proximately caused by, the Indemnifying Perry or its contractors, agents, servants oremployees. 14.2 Payment by an Indemnified Party will not be a andition precedent to the obligations of the Indemnifying Parry under Section 14. No Indemnified Parry under Section 14 shall settle any claim for which it claims indemnification, hereunder without first allowing the Isndamifying Patty the right to defend such a claim. The Indemnifying Parry shall have no obligations under Section 14 in the omit ore breach of tho foregoing sentence by the Indenmifred Party. Section 14 shall survive termination of this Agreement. 143 Llmi)ation on Consequential, Incidental and Indirect Damages. TO THE FULLEST EXTENT PERMITTED BYLAW, NEITHER THE QS NOR FPL. NOR THOR RESPECTIVE 0Ff7CERS, DIRECTORS. AOLwrs. t•T(PLOYEFS, MhWBERS. PARENTS, SUBSIDIARIES OR AFFILIATES. SUCCESSORS OR ASSIGNS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS. AGENTS. EMPLOYEES, MEMBERS. PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, SHAD- BE LIABLE TO THE OTHER PARTY OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS EMPLOYEES, MEMBERS. PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS. FOR CLAIMS. SUITS, ACTIONS OR CAUSES OF ACTION FOR INCIDI2NT'AL, INDIRECT. SPECIAL, PUNITIVE•, MULTIPLE OR CONSEQUENTIAL DAMAGES CONNECTED WITH OR RESULTING FROM PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT. OR ANY ACTIONS UNDERTAKEN IN CONNECTION WITH OR RELATED TO THIS CONTRACT. INCLUDING WITHOUT LIMITATION. ANY SUCH DAMAGES WHICH ARE BASED UPON CAUSES OF ACTION FOR BREACH OF CONTRACT. TORT MM.UDING NF.OI.IOFNCE AND MISREPRESENTATION). BREACH OF WARRANTY, STRICT IJABILITY, STATUTE OPERATION OF. LAW. UNDER ANY INDEMNITY PROVISION OR ANY OTHER THEORY OF RECOVERY. TO THE EXTENT ANY DAMAGES REQUIRED TO BE -PAID HEREUNDER ARE LIQUIDATED. THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, THAT OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT, AND THAT THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE ANTICIPATED HARM OR LOSS. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN. THE OBLIGOR'S LL4BHM SHALL BE LIMITED TO DIRECT DAMAGES ONLY. AND SUCH DIRECT DAMAOES SHALL BE THE SOLE AND EXCLUSIVE MEASURE OF DAMAGES AND (Continued on Shed No, 9.042) Issued by: & E. Romig, Director, Rates and Tariffs EffedWe: June 25, 2013 -19- 13 J�� Docket No. 170077 -EQ Attachment A Date: June 29, 2017 Page 15 of 42 Second Revtced Sheet No. 9.042 FLORIDA POWER & LIGHT COMPANY Cancels First Sheet No. 9.042 SEEN (Continued from ShedNo. 9.041) ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED; PROVIDED. HOWEVER THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS WILL NOT IN ANY WAY LIMIT LIABILITY OR DAMAGES UNDER ANY THIRD PARTY CLAIMS OR THE LIABILITY OFA PARTY WHOSE ACTIONS GIVING RISE TO SUCH LIABILITY CONSTITUTE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF FAULT AND SHALL SURVIVE TERMINATION, CANCF.IJATION, SUSPFNSION, COMPLETION OR EXPIRATION OF THIS CONTRACT. NOTHINO CONTAINED IN THIS AOREEMENT SHALL BE DEEMED TO BE A WAIVER OF A PARTY'S RIGHT TO SEEK INJUNCTIVE RELIEF. 1S. Insurance 15.1 The QS shall procure or cause to be procured, mrd shat maintain throughout the entire term of this Contract, a policy or policies of liability insurance isstrod by an insurer adaptable to FPL on a standard "Insurance Services Office" commercial general liability form (such policy or policies, collectively, the "QS Insarana"} A certificate of insurance shall be delivered to FPL at least fufteen (IS) calcrdar days prior to the strut of any interconnection work At a minimum, the QS Insurance dhall'eontain (a) an endorsement providing coverage, including products liability/completed operations coverage for the term of this Contract, and (b) a broad form contractual liability endorsement covering liabilities (i) which might arise under, or in the performartce or conperfomtartee oC this Contract and the Interconnection Agreement, or (ii) causal by operation of the Facility or any of the QS's equipment or by the QS's failure to maintain the Facility or the QS's equipment in satisfactory and safe operating condition. Fdtective at host fifteen (15) calendar days prior to the synchroni2ation of the Facility with FPL's system. the QS Insurance shall be amended to include coverage for interruption or curuohnent of power supply in aced lone with industry standards. Without limiting the foregoing, the QS Insurance: must be reasonably acceptable to FPL. Any premium assessment or deductible shall be for the account of dee QS and sot FPL. 152 The QS h mence shell dare a minimum limit of one million dollars (31,000,000) per oocunence, combined single limit, for bodily injury (including death) orproperty damage. 153 In the event That such insurance becomes totally unavailable or procurement thereof becomes commercially impracticable. such mmvailability shall not constitute an Event of Default under this Contract, but FPL and the QS shell enter into negotiations to develop suhs6tute protection which One Parties in their reasonable judgment deem adequate. 15A To the extent that the QS Insmmlce is on u "clabns made" basis, the retroactive date of the policy(ies) shall be the effective date of this Contact or such otherdate as may be agreed upon to protect the interests of the FPL Entities and the QS Entities. Furthennore, to the extent the QS Insurance is on a "claims made" basis, the QS's duty to provide insurance coverage sholl survive One termination of this Contract until the o0ration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in torL To ate extent the QS Insurance is on an "occu rertce" boss, such insurance shall be maintained in effect at all times by the QS during the tam of Us Contract 133 The QS insurance shall provide that it may not be cancelled or materially altered without at Inst thirty (30) calendar days' uritten notice to FPL. The QS shall provide FPL with o copy, of any material communication or notice related to the QS Insurance within ten (10) business days of the QS's receipt or issuance thereof. 15.6 The QS shall be designated as the minced insured mid FPL shall be designated as an additional named insured under the QS Insurance. The QS Insurance shall be endorsed to be primary to any coverage maintained by FPL 16. Force Majeure Force Majeure is defined as an event or circumstance that is not within the reasonable control of, or One result of the negligence of, the affected party, and which, by the exercise of due diligence, the affected party is unable to overcome, avoid, or came to be avoided in a commercially reasonable man=. Such events or cireunstanees may include, but are not limited to, acts of God, war, riot or irawrodion, blockades, embargoes, sabotage, epidemics, eapiosions and fires not originating in the Facility or caused by its operation, hmrieathes, floods, strlom lockouts or otter labor disputes, difficulties (not caused by the failure of the affected party to comply with the terms of a collective bargaining agreement), or actions or restraints by court order or governmental authority or arbitration award Fora Majeure shall not include (a) the QS's ability to sell capacity end energy to another market at a more advantageous price, (b) equipment breakdown or inability to use equipment caused by its design, construction, operation, maintenance or inability to mat regulatory standards, or otherwise caused by an event originating in the Facility, (c)) a failure of performance of any other entity, including any entity providing electric transmission service to the QS, except to the extent that such failure was caused by an event that would otherwise qualify as a Force Ma{eute event; (d) failure of the QS to timely apply for or obtain permits. (Continued on Shed No. 9.043) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 -20- 113-36 Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LICHT COMPANY (Continued from Sheet No. 9.042) First Revised Sheet No. 9.043 Caneels Original Sheet No. 9.043 Attachment A Page 16 of 42 16.1 Except as otherwise provided in this Contract, each party shall be excused from performance when its nonperformance was caused, directly or indirectly by an event of Fomc Majeure 162 In the event of any delay or nonperformance resulting from an event of Force Majeure, the party claiming Force Majeure shall notify the other party in writing within two (2) business days of the occurrence of the event of Fora Majeure, of the nature, cause, date of commencement thereof and the anticipated extent of such delay, and shall indicate whether any deadlines or date(s), imposed hereunder may be affaxed thereby. The suspension of performance shall be of no greater stupe and of no greater duration than the cure for the Force Majeure requires A party claiming Force Majem shall not be entitled to any relief therefore unless and until conforming notice is provided The party claiming Force Majeure shall notify the other party of the cessation of the event of Force Majeure or of the conclusion of the affected party's cure for the event of Force (Majeure, in either case within two (2) business days thereof. 16.3 The patty claiming Force Majeure shall use its best efforts to atte the cause(s) preventing its performance of this Contract; provided, however, the settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of the affected party, and sack party shall not be required to settle such strikes, lockouts or other labor disputes by acceding to demands which stub party deems to be unfavorable. 16A if the tj.5 suffers an occurrence of an event of Fora Majeure that reduces the generating capability of the Facility below the Conu itted Capacity, the QS may, upon notice to FPL, temporarily adjust the Commipad Capacity as provided in Sections 16.5 and 16.6. Such adjustment shall be effective the first calendar day immediately following FPL's receipt of the notice or such later date as may be specified by the QS. Furthermore, such adjustment shall be the minimum amount necessitated by the event of Fora Majeure. 16.5 If the Facility is rendered completely imperative as a result of Fora Majeure, the QS shall temporarily set the Committed Capacity equal to 0 KW until such time as the Facility can partially or fully operate at the Committed Capacity that erastodlaior to the Force Msje m If the Committal Capacity is 0 KW, FPL shall have no obligation to make capacity payments hereumda. 16.61f, at any time during the occurrence of an event of Force Majeure or during its cure, On Facility can partially or fully operate, Ohm the QS shall temporarily set the Committed Capacity at the meifimurn capability.that the Facility can reasonably be otpected to operate - 16:7 Upon the cessation of the event of Force Majeure or the conclusion of the cure for the event of Force Maje M The Committed Capacity shall be restored to the Conunitted Capacity that existed immediately prior to the Fora Majeure. Notwithstanding any other prevision of this Contract, upon such cassation or cure, FPL shall have the right to require a Committal Capacity Test to demonstrate the Facility's compliance with the requirements of this section 16.7. Any Committed capacity Test required by FPL under this Section shall be additional to any Committed Capacity Test under Section S.3. 16.9 During the occurrence of an Ment of Force Majeure and a reduction in Committed Capacity under Section 16.4, all Monthly Capacity Payments shall reflect, pro rata, the reduction in Committed Capacity, and the Monthly Capacity payments will continue to be calculated in accordance with the payfor-petifbnmance provisions in Appendix B. 16.9 The QS agrees to be responsible for and pay the costs necessary to reactivate the Facility and/or the interconnedion with FPL`s system if the some is (arc) tendered inoperable due to actions of the QS, its agents, or Force Majeue events affecting the QS, the Facility or ate interconnection with FPL. FPL agrees to reactivate, at its own cost, the interconnection with the Facility in circumstances where any interruptions to such interconnections are caused by FPL or its agents 17. Representations, Warranties, and Covenants of QS The QS represents amt warrants that as of the Effective Date and for the tent of this Contract: 17.1 Organization, Standing and Qualification The QS is a (corporation, partnership. or other, as applicable) duly organized and validly existing in good standing under the laws of and has all necessary power and authority to. carry on its business as presently conducted, to own or hold under lase its properties end to enter into and perform its ob6gations.under this Contract and all other related documents and agreements to which it is or shall be a Party. The QS is duly qualified or licensed to do business in the State of Florida and in all other jurisdictions wherein the mature of its business and operations or the character of the properties owned or lensed by it makes such qualification or licensing necessary and where the failure to be so qualified or licensed would impair its ability to perform its obligations under this Contract or would result in a materiel liability to or would have a material adverse elicit on FPL. (Continued on Sheet No. 9.044) Issued by: S. I- Romig, Director, Rates and Tariffs Effective: August 18, 2009 -21- l3-;e-7 Docket No. 170077 -EQ Date: June 29, 2017 Second Revised Sheet No, 9.044 FLORIDA POWER & LIGHT COMPANY Cancels First Sheet No. 9.044 Attachment A Page 17 of 42 (Continued from Sheet No. 9.043) 173 Due Authorization, No Approvals, No Defaults, etc. Each of me execution delivery and performance by the QS of this Contract has been duly authorized by all nvA=;a� ry action on the part of the QS, does rot require any approval, except as has been heretofore obtained, of the (shareholders, partners, or others, as applicable) of Ike QS or any consent of or approval from any trustee, lessor or holder of any in&btedaess or other obligation of the QS, except for such as have been duly obtained, and. does not contravene or continue a default under any Iaw, the (articles of incorporation, bylaws, or other as applicable) of the QS, or any agreement, judgment, injunction, order, decree or other instrument binding upon the QS, or subject the Facility or any component part thereof to any hen other Urmi as contemplated or permitted by this Contract. Ibis Contract constitutes QS's legal, valid and binding obligation, enforceable against it in accordance with On Leans hereat; except as such enforceability may be limited by applicable bankruptcy laws from time to time in effeet that affect creditors' rights generally or by general principles of equity (regardless of whedter such enforcement is considered in equity or at law} 17.3 Compliance with Laws The QS has knowledge of all laws and business practices that mast be Mowed in performing its obligations trader this Contract The QS is in compliance with all laws, except to the Matt that failure to comply di=wM would not, in.the.aggregate, have a material adverse effed on die QS or FPL. 17.4 Governmental Approvals Except as expressly contemplated herein, neither the execution and delivery by die QS of thus Contract, nor the consummation by Ute QS of any of the transactions contemplated thereby, requires the consent or approval of, the giving of notice to, the registration with, the recording or fding crony document with, or the laking of any ower action in respect of governmental authority, except in respect of permits (a) which have already been obtained and are in full force and effect or (b) are not yet required (and with respect to which the QS has no reason to believe that the sane will not be readily obtainable in the ordinary course of business upon due application therefore} 17.5 No Suits, proceedings There we no actions, suits, proceedings or investigations pending or, to the knowledge of me QS, threatened against it at law or in equity before any court or tribunal of the United States or any other jurisdiction which individually or in the aggregate could result is any materially adverse effect on the QS's business, properties; or assets or its condition, financial or otherwise, or in any impairment of its ability to perform its obligations under this Contract The QS has no knowledge of a violation or default with respect to any law which could result in any such materially adverse effect or impairment The QS is not in breach of, in default under, or in violation of, any applicable Low. or the provisions of any authorization, or in breach of, in default under, or in violation of, or in conflict with any provision of any promidsory note, indenture or any evidence of indebtedness or security therefore, lease, contract, or odu r agreement by winch it is bound, except for any such breaches, defaults, violations or conflicts which, individually;or in me aggregate, could not reasonably be expected to have a material adverse effect on the business or financial condition of Bayer or its ability to perform its obligation bereu niter. 17.6 Environmental Matters 17.6.1 QS Representations To the best of its knowledge after diiigent_inquiry, the QS Mows of no (a) existing violations of any environmental laws at the Facility, including those governing !hazardous materials or (b) pending, ongoing, or unresolved administrative or enforecmcmt investigations, compliance orders, claims, demands, actions, or other litigation brought by governmental authorities or ower thud parties alleging violations of any environmental law or permit which would materially and adversely affect the operation of the Facility as contemplated by this Contract 17.6.2 Ownership and Offerring For Sale Of Renewable Energy Attributes Ile QS retain any and all rights to own and to sell any, and all environmental attributes associated with the electric generation of the Facility, including but not limited to, any and all renewable energy certificates, "green lags" oruther tradable envitomnenlal interests (collectively "RMI), of any description. (Continued on Sheet No. 9.045) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: August 18, 2009 -22- Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT COMPANY Third Revised Sheet No. 9.045 Cancels Second Revised Sheet Na 9.045 Attachment A Page 18 of 42 17.6.3 Changes in Enwimenterntal and Governmental Regulations If new awircumeatel and Ober regulatory requvements enacted riming the tam of Ole Contract change FPL's full avoided cost of the unit on which the. Contract is based, either party can elect to. have the contract reopened. _ 17.1 tmerwnneetioo/l4Tneeling Agrament The CIS has c.wcuted in Interconnection agreement with FPI, or represents or viva(ta us that it bas entered into a valid and enforceable Interconnection Agteahtcht with ft utility in whose service ladtory the Facility is 1=14 pursuant to which the QS assutnts contractual responsibility to make any and all transmissiaweisted arrangements (including control ares services) between Ace QS and the transmitting utility for delivery of the Facilitys capacity and energy to FPL 17.8 Tedatologyand Generator Capabilities That for the tam of this Contract the Tcdmdogy and Generator Capabilities table act Nth in Section 1 is accurate and complete. I& General Proistons - - - - - IU Pmjed Viability To assist PPL in assessing the QS's financial and technical viability, Ole QS shall provide the hnforanafim and documents requested In Appendix D or substantially similar documents, to Ole rodent the documents apply to the type of Facility covered by this Contend, and to the extant the documents an available. All documents to he caesidacd by FPL must be submitted at the lite Ibis Contract is presented to FPL Feitam to provide the following such documents may result in a dd=imation ofnon-visbility, by FPL 18.2 Pemnitr, Sita Castrol The QS hereby agracs to obtain and maintain Permits which the QS is required to obtain as a pretequisite to engaging in the activitias.speafied in this Contract. QS shall also obtain and maintain Site Control for the Taro of the Contract. 183 Project Management 183.1 If recimsted by FPI, thoQs. shall submit to FPL its integrated project schedule for FPL's review within sixty calendar days -Gan the ezowtion of this Contract. and a start-up and test schedule for the Facility at least sixty calendar days prior to start-up and testing of the. Facility. 71u se schedules shall identify key licensing, permitting emnuuetion and operating milestone dates and activities. Il'resImAcd by FPI, One QS stall submit progess reports in a fort satisfactory to FPL every calendar month until the Capacity Delivery Date and dnall notit r FPL ofany changes in such schedules within ten calendar days after such changes are determined. FPL -hell have the right to monitor the construction, start-up and testing of the Facility, either on-site or oft- site. FPL's technical review and inspections of die Facility and resulting ropess,'if any, shall not be conatmed its endorsing the design theroof ear as any %wmntyas to the safety. durabiliryor reliability of the Facility. 1832 7be QS ghatl provide FPL with the Tinel designer slmsnufeontree'a generator capability carves, protective relay types; proposed protective relay settings. main one4ine diagrams, protective relay fanetio nal d'iagmms, and alternating current and direct currant elementary diagrams for review and inspection at FPLno later then one hundred eighty ealandar days prior to the initial synchronization date. 18.4 Assignment Ibis Agreement shall name to the benefit of and shod be binding upon the Parties and theft respective successors and assigtr. ibis Agreement shell not be assigned or transferred by either Party without the prior written cement of the other Forty. such consent to be granted or withheld in snob other Party's soh: discretion. Any direct or indirect change of control of QS (wfiether voluntary or by operation of law) "be deemed an assigraoent and shall require the prior written consent of FPL. Nomithstmnding the lboVouns. either Party may, without the consent of the other past', assign or transfer this Agratuad: '(a) to any londaas collateral security fir obligations under any fnancing'documents entered into with such laaTer provided, QS shall be respornshble for FPL's reasonable carts and expenses associated wilb the review, mecgaiatican, execution end deGveryof anydocunmts or information pursuant to such collateral assignment, including reasonable attomeys' fen (b) to an affiliate of such Party, provided that such affulieb's aaditwuthinea is equal to or better than that of such Party (and In no event lesc than Investment Grade) as determined reasonably by thenon-assigning or natn-raudening Patty end: provided frMher, that any such affiliate shall agree in writing to be bond by end to assume the terns and coditicus hereotand any and all obligations to the tion -assigning or nen-transferring Pmt), arising or aceming hereunder Gam and after the date of side assumption.. "Nvesur c:rtt Grade' menus BBB- or above from Standard & Penes Corporation or Baal or above frau Moodys Investor Services. 18.5 Disciaimer In executing this Contract FPL does not, nor should it be construed, to extend its credit or financial support for the benefit of any third parties lading money toor having other minsaetionswith theQSor any assignee ofthisCoulm . (Continued an Shea Yo. 9.046) Effective: September 13, 2016 -23- /3—Zgr Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT COMPANY (Continued frau Shed No. 9.045) I&ANotification Attachment A Page 19 of 42 First Revised Sheet No. 9.046 Cancets Original Sheet No. 9.046 All formal notices relating to this Contract shall be deemed duly given when delivered in person, or sit by registered or certified mail, or sent by fax it followed immediately with a copy sent by registered or certified mail, to the individuals designated below. The Parties designate the following individuals to be notified or to whom payment shell be sent until such time as either Party furnishes the other Party written instructions to contact another individual: For the QS: For FPL: Florida Pourer & Light Company 700 Universe Boulevard Juno Beach, FL 33408 Attn: EMT Contracts Depiutmem 'Ihis'signed Contract and all related documents may be presented no earlier than 8:00 am. on the effective date of the Standard Offer Contract, as determined by the FPSC. Contracts and related documents may be marled to the address below or delivered during normal business boors (8:60 a.m. m 4:45 p.m.) to the visitors' entrance at the address below: Florida Power .@ Light Company MO Universe Boulevard, Juno Beach, FL 33408 Attention Contracts Manager/Coordinator EMT Contracts Department 18.7 Applicable Law This Contract shall be construed in accordance with and governed by, and the rights of the Parties shall be construed in accordance with, Ore laws of the State of Florida as to all matters, including but not limited to mothers of validity, construction, effect, performance and remedies, without regard to conflict of law rates thereof. 18.8 Venue The Perhes hereby irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of Florida or, in the event brat jurisdiction for any matter cannot be established in the United States District Court for the Southem District of Florida, in the state court for Palm Beach County, Florida, solely in respect of the interpretation and enforcement of the Provisions of this Contract and of the documents referred to in this Contract, and m respect of the transactions contemplated hereby, and bereby waive, and agree not to asset, as a defense in any action, suit or proceeding for the interpretation or enforcement hereof or of any such document, that it is not subject thereto or That such action, suit or proceeding may not be brought or is not msiniabuable in said courts or that the venue thereof may not be appropriate or that this Contract or any such document may not be enforced in or by such courts, and the Paries hereto irrevocably agree that all claims with respect to such action or proceeding shall be heard and determined in such a court. The Parties hereby consent to and grant any such court jurisdiction over the persons of such Partics solely for such purpose and over the subject matter of such dispute and agree that mailing of Process or other papers in connection with any such action or proceeding in the manner provided in Section 18.8 hereof or in such other manner as may be permitted by Low shall be valid and sufficient service thereof. (Continued on Shed No. 9.047) Issued by: S. & Romig, Director, Rates and Tariffs Effective: October4, 2011 -24- ('3-0 24- 1.3-0 Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT COMPANY (Contirmi d from Street No. 9.0,46) Attachment A Page 20 of 42 First Revised Sheet No. 9017 Cancels Orkortal Sbeet No. 9A47 18.9. Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS CONTRACT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT A PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION RESULTING FROM, ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE TRANSACTIONS CONTEMPI.ATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (a) NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (b) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (c) EACH PARTY MAKES THIS WAIVER VOLUNTARILY AND (d) EACH PARTY HAS BEEN INDUCED TO ENTER INTO THIS CONTRACT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 18.9 l8.loraxation In the event that FPL becomes liable for additional taxes, including interest and/or penalties seising from an Internal Revante Service's determination, through audit, ruling or other authority, that M's payments to the QS for capacity wider Options B, C. D, E or for energy pursuant to the Fixed Fiat Energy Payment Option D are not fully deductible when paid (additional lax liability). FPL may bill the QS monthly for the costs, including carrying changes, interest and/or penalties, associated with the fact that all ora portion of these agacity payments are not currently deductible for federal and/or state income tax purposes. FPL, at its option, may offset there costs against amounts due the QS baetnder. These costs would be calculated so as to place FPL in the same economic position in which it would lave been if the entire calaclry payments had been deduchble in the period in which the payments were made. if FPL decides to appeal the Internal Revenue Service's determination, the decision as to whelhrr the appeal should be rnade.ltrough the administrative or judicial process or both and all subsequent decisions pertaining to the appeal (both substantive end procedural), shall fest exclusively with FPL. 18.11 Severability If any pan of this Contract, for any reason, is declared invalid, or unenforceable by a public authority of appropriate jurisdiction. then such decision shall not affect the validity of the remainder of the Contract, which remainder shall remain in fora and effei as if this Contract had been executed without the invalid or unenforceable portion. 18.12 Complete Agroenteut and Amendments All previous communications of agreements between the Parties, whether verbal or written, with reference to the subject matter of this Contract we hereby abrogated. No amendment or modification to Ods Contract shall be binding unless it shall be set forth in writing and duly executed by both Parties. This Contract constitutes the entire agreement between the Parties. 18.13 Survival of Contract This Contract, as it may be emended from time to timq shall be binding upon, and inure to the benefit of, the Parties' respective successors -in -interest and legal representatives. -18.14 Record Retention The QS agrees to retain for a period of rive (5) years from the date of termination hawf all records relating to the performance of its obligations hereunder; and to cause all QS Entities to retain for the same period all such records. 18.15 No Waiver No waiver of any of the terns and conditions of this Contract stall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. Any waiver of the tams haoof shall be effective only in the specific instmtce and for the specific purpose given. The Whim ora Party to insist, in any instance, on the strict Performmrce of eery of the terns and conditions hereof shall not be construed as a waiver r of such Party's right in the future to insist on such strict performance. (Continued on Shat No. 9.048) Isstted by: S, E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 " J -25- 1,341 Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT COMPANY (Continued from Sheet No. 9.047) First Revised Sheet No. 9.048 Cancels Original Sheet No. 9.048 Attachment A Page 21 of 42 '18.16 Set -Off FPL may at any time, but shall be under no obligation to, set off any and all sums due from the QS against sums due to the QS .hereunder. . 18.17 Assistance With FPL's evaluation of FIN 46R Accounting rules set forth in Financial Accounting Standards Board Intcryretation No. 46 (Revised December 2003) ("FTN 46R-). as %wH as future amendments and interpretations of those rules, may require FPL to evaluate whether the QS must be consolidated, as e variable interest entity.(as defined in FIN 46R), in the consolidated financial statements of FPL. The QS agrees to fully cooperate with FPL and make available. to FPL all financial data and other information, as deemed necessary by FPL, to perform that evaluation on a timely basis at inception of the PPA and periodically as required by FIN 46R. If the result of an evaluation under FIN 46R indicates Umar the QS must be consolidated in the financial statements of FPL, the QS agrees to provide financial statements, together with other required information, as determined by FPL, for inclusion in disclosures contained in the footnotes to the financial statements and in FPL's required filings with the Securities and Exchange Commission (''SEC"). The QS shall provide this information to FPL in o timeframe consistent with FPL's camings release and SEC filing schedules, to be determined at FPL's discretion. The QS also agrees to fully cooperate with FPL and FPL's independent.auditors in completing an assessment of the QS's internal controls as required by the Sarbanes-Oxley Act of 2002 and in performing any audit procedures nary for the independent auditors to issue their opinion on the consolidated financial statements of FPL. FPL will treat arty information provided by the QS in satisfying Section 18.17 as confidential information and shall only disclose such information to the extent required by accounting and SEC rules and any applicable laws IN WITNESS WHEREOF, the QS and FPL executed this Contract this day of WITNESS: FLORIDA POWER & LIGHT COWANY Date WITNESS:- (QS) late Issued by: & E. Romig, Director, Rates and Tariffs Effective: July 29, 2008 -26- 134A Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER& LIGHT COMPANY Sixth Revised Sheet No. 10.300 Cancels FM Revised Sheet No. 10.300 RATE SCHFAULE QS -2 APPE14DIX A TO THE STANDARD OFFER C0N-MCr STANDARD BATF. FOR PURCRASE OF FIRM CAPACrrY AND ENERGY FROM A RENEWABLE ENERGY FACILrry OR A QUALIFYING FACHdry WTM A DESIGN CAPACITY OF 100 1C OR LESS SCHEDULE QS -2, Firm Capacity and Energy Attachment A Page 22 of 42 AYAUMLE The Company will, under the provisions of this Schedule and the Companys "Staadard Offer Contract for the Purchase of Firm Capacity and Energy from a Renewable Energy Faclity:or a Qualifying Facility with a design capacity of 100 KW or less^ ("Standard Offer Contract"), purchase firm capacity and energy offered by a Renewable Energy Facility specified in Section 366.91, Florida Statutes or by a Qualifying Facility with a design opacity of 100 KW or less as specified in FPSC Rule 25.17- 0832(4) and which is either directly or indirectly interconnected with the Company. Both of these types of facilities shall also be. referred to herein as Qualified Seller or"QS". The Company will petition the FPSC for closure upon any of the following as related to the generating unit upon which this standard offer contract is based i.e. the Avoided Unit : (a) a request for proposals (RFP) pursuant ;to Rule 25-22.082, F.A.C., is issued, (b) the Company files a petition for a need determination or commences eonstnhction of the Avoided Unit when the generating unit is not subject to Rule 25-22.084 FAC., or (c) the genetaiing unit upon which the standard offer contract is based is no longer part of the.ub'lity's generation plan, as evidenced by a petition to that effect filed with the Commission or by the utility's most recent Ten Year Site Plan. APPLICABLE To Renewable Energy Facilities as specified in Section 366.91, Florida Statutes producing opacity and energy from qualified renewable resources for sale to the Company on a firm basis pursuant to the terms and conditions of this schedule and the Compan)/s "Standard Offer Contract".. Firm Renewable Capacity and Renewable Enally are capacity and energy produced and sold by a QS pursuant to the Standard Offer Contract provisions addressing (among other things) quantity, time and reliability of delivery. To Qualifying Facilities ("QF" ), with a design opacity of 100 KW or less, as specified in FPSC Rule 25-17.0832(4)(a) producing opacity and energy for sale to the Company on a firm basis pursuant to the term and conditions of this schedule and the Company's "Standard Offer Contract", Firm Capacity and. Energy are desm'bed by FPSC Rule 25-17.0832, FAC., and are capacity and energy produced and sold by a QF pursuant to the Standard Offer Contract provisions addressing (among other things) quantity,, time and reliability of delivery. CHARACTER OF SERVICE Purchases within the territory served by the Company shall be, at the option of the Company, single or three phase, 60 hertz alternating current at any available standard Company voltage. Purchases from outside the territory served by the Company shall be three phase, 60 hertz alternating current at the voltage level available at the intmbange point between the Company and the entity delivering the Firm Energy and Capacity from the QS. LIMITATION Purchases under this schedule are subject to Section 366.91, Florida Statutes and/or FPSC Rules 25-17.0832 through 25-17.091, F.A.C., and 25-17.200 through 25-17.310 F.A.0 and are limited to those Facilities which: A. Commit to commence deliveries of firm capacity and energy leo later than the in-service date of the Avoided Unit, as detailed in Appendix 11, and to continue such deliveries for a period of at least 10 years up to a maximum of the life of the avoided unit; B. Are not currently under contract with the Company or with any other entity for the Facility's output for the period specified above (Continued on Sled No. 10.301) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: dune 25, 2013 -27- 1,3-40 Docket No. 170077 -EQ Attachment A Date: June 29, 2017 Page 23 of 42 Seventh Revised Sheet No. 10.301 FLORIDA POWER & LIGHT COMPANY Cancels Sixth Revised Sheet No. 10301 (Continued fiomShedNo.10.300) RAY-ESEOR PURCHASES BY THE COMPANY Firm Capacity and Energy are purchased at a unit cost, in dollars per kilowatt per month and cents per kilowatt-hour, respectively, based on the capacity required by the Company. For the purpose of this Schedule, an Avoided Unit has been designated by the Company, and is detailed in Appendix It to this Schedule. Appendix I to this Schedule describes the methodology used to calculate payment schedules, applicable to the Company's Standard Offer Contract filed and approved pursuant to. Section 366.9 1, Florida Statutes and to FPSC Rules 25-17.082 through 2S-17.091, FAC and 25-17200 through 25- 17.310, FAC A. Flan Conaeity Rates Options A.tbrough E are available for payment of firm capacity which is produced by a QS and delivered to the Company. Once selected, an option shall remain in effect for the term of the Standard Offer Contract with the Company. A payment schedule, for the norrrml payment option as shown below, contains the monthly rate per kilowatt of Firm Capacity which the QS has contractually committed to deliver to the Company and is based on a contract term which extends ten (10) years beyond the in-service date of the Avoided Unit Payment schedules for other contract terms, as specified in Appendix 13, will be made, available to any QS upon request and may be calculated based upon the methodologiesdescribed in Appendix 1. The currently approved parameters used to calculate the schedule of paymems are found in Appendix 11 to this Schedule. Adiustment to Conaelty Payment The firm capacity rates will be adjusted to reflect the impact that the location of the QS will have on FPL system reliability due to constraints imposed on the operation of FPL transmission tie lines. Appendix M shows, for illustration purposes, the factors that would be used to adjust the firm capacity rate for different geographical areas. The actual adjustment would be determined on a ease -by -ease baso The amount of such adjustment, as well as a binding contract rate for firm capacity, shall be provided to the QS within sixty days of FPL execution of the signed Standard Offer Contract MonA - Fixed Value of Deferral Payments - Normal Canacity Payment schedules uadet this option are based on the value of a single year purchase with an in-service date of the Avoided Unit, as described in Appendix L Once this option is selected, tie current schedule of payments shalt remain fixed and in effect throughout the term of the Standard Offer Contract (Continued on Shed No. 10.302) Issued bye S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 Docket No. 170077 -EQ Date: June 29, 2017 YLVrttUAMWM42LIUM %-VMrAMX (Continued from SheetNo.10.301) Option B -Fixed Value of Deferral Payments- Earlv_Canactty aneec Attachment A Page 24 of 42 Payment schedules under this option are based upon the early capital cost component of the value of a year -by -year deferral of the Company's Avoided Unit provided; however, that under no circumstances nay payments begin before the QS is delivering firm rapacity and energy to the Company pursuant to the terms of the Standard Offer Contract. When ibis option is selected, the capacity payments shall be made monthly commencing no earlier than the Capacity Delivery Date of the QS and calculated using the methodology shown on Appendix 1. The QS shall select the month and year in which the deliveries of firm capacity and energy to the Company are to commence and capacity payments are to start. the Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the term of the Standard Offer Contract as specified in Appendix E. Ontion C -Fixed Value oIDeferral Payment -T ev bA* Capacity Payment schedules under this option are based upon the levelized capital cost component of the value of a year - by -year deferral of the Company's Avoided Unit. The capital portion of capacity payments under this option shall consist of equal monthly payments over the term of the Standard Offer Contract, calculated as shown on Appendix I. The fixed operation and maintenance portion of the capacity payments shall be equal to the value of the year - by -year deferral of fixed operation and maintenance expense associated with the Company's Avoided Unit The methodology used to calculate this option is shown in Appendix 1. The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the term of the Standard Offer Contract as specified in Appendix E. Ontlon D - Med Value of Deferral P nantat - Early l.evelized Cooacity Payment schedules under this option are based upon the early levelized capital cost component of the value of a year -by -year deferral of the Company's Avoided Unit The capital .portion of the capacity payments under this option shall consist of equal monthly payments over the term of the Standard Offer Contract, calculated as shown on Appendix 1. The fixed operation and maintenance expense shall be calculated as shown in Appendix 1. M the option of the QS, payments for early levelized capacity shall commence at any time before the anticipated in- service date of the Company's Avoided Unit as specified in Appendix E, provided that the QS is delivering firm capacity and energy to the Company pursuant to the terms of the Standard Offer Contract The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the term of the Standard Offer Contract as specified in Appendix I - Option E— Flexible Payment Oration Payment schedules under this option are based upon a payment stream elected by the QS consisting of the capital component of the Company's avoided unit. Payments can commence at any time after the actual in-service.date of the QS and before the anticipated in-service date of the utility's avoided unit, as specified in Appendix E, provided that the QS is delivering firm capacity and energy to the Company pursuant to the terms of the Standard Offer Contract Regardless of the payment stream elected by the QS, the cumulative present value of capital cost payments made to the QS over the term of the contract shall not exceed the cumulative present value of the capital cost payments which would have been made to the QS bad such payments been made pursuant to FPSC Rule 25- 17.0932(4)(g) 1. 5- f7.0832(4)(g)1. F:&C. Fixed .operation and maintenance expense shall be calculated in conformance with Rule 25=17.0832(6),F.A.C. The Company will provide the QS with a schedule of capacity payment rates based on the infornation specified in Appendix E. (Continued on Sheer No.10.303) Issued by: S, E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 -29- 1,3 4 Docket No. 170077 -EQ Attachment A Date: June 29, 2017 Page 25 of 42 Sixth Revised Sheet No. 10.303 FLORIDA POWER & LIGHT COMPANY Cancels FM Revised Sheet No. 10.303 (Contimred Som Sheet No. 10.302) B. EnereyRates (1) Payments Associated with As-Avaflable Energy Costs prior to the In -Service Date of the Avoided Unit Options A or B are available for payment of energy which is produced by the QS and delivered to the Company prior to the in-service date of the Avoided Unit The QS shall indicate its selection in Appendix E, Once selected; an option shall remain in effect for the tern of the Standard Offer Contract with the Company. Option A — Energy Payments based on Actual Energy Costs The energy rate, in cents per kilowatt-hour (¢/KWh), shall be based on the Compatys actual hourly avoided energy costs which are calculated by the Company in accordance with FPSC Rule 25-17.0825, F.A.C. Avoided energy costs include incremental fuel, identifiable operation and maintenance expenses, and an adjustment for line losses reflecting delivery voltage. The calculation of the Company's avoided energy costs reflects the delivery of energy from the region of the Company in which the "Delivery Point of the QS is located Wben economy transactions take place, the incremental costs are calculated as described in FPL's Rate Schedule COG -1. The calculation of payments to the QS shall be based on the sum, over all haps of the billing period, of the product of each bows avoided energy cost times the purchases of energy from the QS by the Company for that hour. All purchases ofenetgy shall be adjusted for losses from the point of metering to the Delivery Point Option B Energy Payments based on the year.by year projection of As -Available energy costs The energy rate, in cents per kilowatt-hour (¢/KWh), shall be based on the Companys year by year projection of system incremental fuel costs, prior to hourly economy sales to other utilities, based on normal weather and fuel market conditions (annual As -Available Energy Cost Projection which are calculated by the Company.in accordance with FPSC Rule 25-17.0825, FA.C. and with FPSC Rule 25-17.250(6) (a) FA.C.) plus a fuel market volatility risk premium mutually agreed upon by the utility and the QS. Prior to the start of each applicable calendaryear, the Company and the QS shall mutually agree on the fuel market volatility risk premium for the following calendar year, normally no later than November 15. The Company will provide its projection of the applicable annual As -Available Energy Cost prior to the start of the calendar year, normally no later than November 15 of each applicable calendar year. In addition to the applicable As -Available Energy Cost projection the energy payment will include identifiable operation and maintenance expenses, an adjustment for line losses reflecting delivery voltage and a, beton that reflects in the calculation of the Company's Avoided Energy Costs the delivery of energy from the :region of the Company in which the Delivery Point of the QS is located. The calculation of payments to the QS shall be based on the sum, over all hours of the billing period, of the product of each bouts applicable Projected Avoided Energy Cast times the purchases of atergy from the QS by the Company for that hour. AD purchases of energy shall be adjusted for losses from the point of metering to the Delivery Point (2) Payments Associated with Applicable Avoided Energy Costs after the ln-Service Date of the Avolded Unit Option C is available for payment of energy which is produced by the QS and delivered to the Company after the in-service date of the avoided unit. In addition, Option D is available to the QS which elects to fix.a portion of the firm energy payment The QS shall indicate its selection of Option D in Appendix E, once selected, Option D shall remain in effect for the term of the Standard Offer Contract Option C- Energy Payments based on Actual Enemy Costs starting on the in-service date of the Avoided Unit as e%ilcd jn Aoeendix P.' The calculation ofpayments to the QS for energy delivered to FPL on and after the in-service date of the Avoided Unit shall be the sum, over all hour; of the Monthly Billing Period, of the product of (a) each hour's rum energy rate (OTKWh); and (b) the amount of energy (KWH) delivered to FPL from the Facility during that hour. (Contintied on Shed No. 10:304) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 A -30- Docket No. 170077 -EQ Date: June 29, 2017 (Continued from Sheet No.10.303) Eighth Revised Sheet No. 10-304 Cancels Seventh Attachment A Page 26 of 42 For any Dispatch Hour the firm energy rate shall be, on an hour -by -hour basis, the Company's Avoided Unit Eneigy Cost. For any other period during which energy is delivered by the QS to FPL, the firm energy rate in cents per kilowatt hour (d)KWh) shall be the following on an hour -by -hour basis: the lesser of (a) the as -available energy tate calculated by FPL in accordance with FPSC Rule 25-17.0825, FAC, and FPL's Rate Schedule COG -1, as they may each be amended from time to time and (b) the Company's Avoided Unit Energy Cost. The Company's Avoided Unit Energy Cost, in cents per kilowatt-hour (p/KWh) shall be defined as the product oe (a) the fuel price in S n triM as determined fmm gas prices published in Platts Inside FERC Gas Market Report, first of the month posting for Florida Gas Transmission Zone 3, plus all charges, surcharges and percentages that are in effect from time to time for service under Gulfshcam Natural Gas System's Rate Schedule FTS; and (b) the average annual heat rate of the Avoided Unit, plus (c) an additional payment for variable operation and maintenance expenses which will be escalated based on the actual Producer Price Index. All energy purchases shall be adjusted for losses from the point of metering to the Delivery Point. The calculation of the Company's avoided energy cost reflects the delivery of energy from the geographical area of the Company in which the Delivery Point of the QS is located. Oration D- Fixed Firm lincrmv Payments Sartiag as early as the In Service Date of tlt� Fceiiiri Thecalculation of payments to the QS for energy delivered to FPL may include an adjustment at the election of the QS in order to implement the provisions of Rule 25-17.250 (6) (b), F.A.C. Subsequent to the determination of full avoided cost and subject to the provisions of Rule 25-17.0832(3) (a) through (d), F.A.C., a portion of the base energy costs associated with the avoided unit, mutually agreed upon by the utility and renewable energy generator, Shall be fixed and amortised on a present value basis over the term of the contract starting, at the election of the QS, as early as the in-savice date of the QS. "Base energy costs associated with die avoided unit means the energy costs of the avoided unit to the extent the unit would have operated. The portion of the base energy costs mutually agreed to by the Company and the QS shall be specified in Appendix E. The Company will provide the QS with a schedule of "Fixed Energy Payments" over the term of the Standard Offer Contract based on the applicable information specified in Appendix E ESTIMATED AS -AVAILABLE ENERGY COST As required in Section 25-17.0832,, F.A.C. as -available energy cost projections until the in-service date of the avoided unit will be provided within 30.days of receipt by FPL of a written request for such projections by any interested person. ESTIMATED UNIT FUEL COST As required in Section 25-17.0832, F.A.C. the estimated unit fuel costs associated with The Company's Avoided Unit and based on current estimates of the price of natural gas will, be provided within 30 days of s written request for such an estimate. (Continued on Sheet No. 10.305) Issued by: S. L. Romig, Director, Rates and Tariffs Effective: September 13,2016' -31- 1.3-7 Docket No. 170077 -EQ Date: June 29, 2017 Sixth Revised Sheet No. 10305 COMPANY Cancels Ft@h Revised Sheet No. (Continued from Sheet No. 10.3D4) Attachment A Page 27 of 42 DELIVERY VOLTAGE ADJUSTMENT Energy payments to a QS within the Companys service territory shall be adjusted according to the delivery voltage by the multipliers provided in Appendix H. UMPANAMCRITERIA Payments For firm Capacity are conditioned on the QVs ability to maintain the following performance criteria: A. Capacity Delivery Date The Capacity Delivery Date shall be no later Than the pmjected m service date of the Company's Avoided Unit, as detailed in Appendix IL B. Availability and Capacity Factor The Facility's availability and capacity factor are used in the determination of firm rapacity payments through a penforrnancc based calculation as detailed in Appendix B to the Companys Standard Offer Contract METERING REQUIREMENTS A QS within the territory served by the Company shall be required to purchase from the Company hourly recording met= to measure their energy deliveries to the Company. Energy purchases from a QS outside the territory of the Company shall be measured as the quantities scheduled for interchange to the Company by the entity delivering Firm Capacity ail Renewable Energy to the Company. For the purpose of this Schedule, the on -peals bows shall be those hours occurring April 1 through October 31 Mondays through Fridays, 6rom 12 noon to 9:00 pm excluding Memorial Day, Independence Day and Labor Day, and November 1 through March 31 Mondays through Fridays from 6:00 am. to 10:00 ata and 6:00 p.m. to 10:00 p.m. prevailing Eastern time excluding Thawing Day, Christmas Day, and New Years Day- FPL shall have the right to change such On -Peak Hours by providing the QS a minimum of thirty calendar days' advance written notice. )3UAJNG OPTIONS A QS, upon entering into a Standard Offer Contract for the sale of firm capacity and energy Or prior to delivery of SS -available energy, may elect to make either simultaneous purchases from aria sales to the Company, or net sales to the Company;. Provided, however, that no such arrangement shall cause the QS to sell more than the Facilitys net output A decision on billing methods may only be changed: 1) when a QS selling wavailable energy enters into a Standard Offer Contract for the sale of firm capacity and cncW, 2) when a Swridard Offer Contract expires or is lawfully terminated by either the QS or the Company; 3) when the QS is selling as -available energy and has not changed billing methods within the last twelve months,; 4) when the election to change billing methods will not contravene this Tariffor the contact between the QS and the Company. If a QS elects to change billing methods, such changes shall be subject to the following: 1) upon at least thirty days advance written notice to the. Company; 2) the installation by the Company of any additional metering equipment reasonably required to effect the change in billing and upon payment by the QS for such metering equipment and itsinstallation; and 3) upon completion and approval by the Company of any alteration(s) to the interconnection reasonably required to effect the change in billing and upon payment by the QS for such alteration(s). Payments due a QS will be made monthly and normally by the twentieth business day following the end of the billing period. The kilowatt-hours sold by the QS and the applicable avoided energy rates at which payments are being made shall accompany the payment to the QS. A statement covering the charges and payments due the QS is rendered monthly, and payment normally is made by the twentieth business day following the end of the billing period. (Conlmuedon Shoes No.10.3.06) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: dune 25, 2013 -32- 1.3-A! Docket No. 170077 -EQ Date: June 29, 2017 (Continued from Shed No. 10.305) Seventh Revised Sheet No. els Sixth Revised Sheet No. CHARGES TO ENERGY FACILITY The QS shall be responsible for all applicable charges as currently approved or as they may be approved by the .Florida Public Service Commission, including, but not limited to: A. CustomerCbargest M=Wy cuaomachmges for mater reading, billing and o0nr applicable adminirttrativecosts as perapplicable Customer Rale Schedule Attachment A Page 28 of 42 B. IgteMgnnectlim Charge for Non -Variable Utilffv Expenses The QS shall bear the cast roquired for interconnection, including the metering. The QS shall have the option of (B payment in full for the interconnection costs including the time value of money during the construction of the interconnection facilities and providing a Bond, Letter of CrWit or comparable assurance ofpayment acceptable to the Company adequate to cover the interoomection cost estimates, (n) payment of monthly invoices from the Company for actual costs progressively incurred by the Company in installing the interconnection facilities, or (iii) upon a showing of credit worthiness, malting equal monthly installment payments over a period no longer than tbiriy-six (36) months toward the full cost of interconnection. In the latter case, the Company shall assess interest at the rate then prevailing for thirty (30) day highest grade commercial paper, such rate to be specified by the Company thirty (30) days prior to the date of each installment payment by the QS. C. Interconnection Charge for Variable Utility Expenses The QS shall be billed monthly for the variable utility expenses associated with the operation and maintenance of the interconnection facilities. These include (a) the Company's inspections ofthe interconnection facilities and.(b) maintenance of any equipment beyond that which would be required to provide normal electric service to the QS if no sales to the Company were involved In lieu of payment for actual charges, the QS may pay a monthly charge equal to a percentage of the installed cost of the interconnection Wlities as provided in Appendix 1L D. �p�e gt,�1_ e Me the evtmt t a�t PL"becomes liable for additional taxes, including interest and/or penalties arising from an Internal Revenue Services determination, through audit, ruling or other authority, that FPVs payments to the QS for capacity under options B, C, D, E or for energy pursuant to the Fixed Finn Energy Payment Option Dare not My deducible when ppaaird (additional tax liability). FPL may bili the QS mombly for the costs, including carrying charges, interest and/or pertaltiese associated with the fact that all or a portion of these opacity payments arc not currently deductible for federal andlor state income tax purposes. FPL, at its option, may onset these costs against amounts due the QS h=under. These costs would be calculated so as to place FPL in the same economic position in which it would have been if the entire early, levelized or early levelized capac►ty payme�s or the Fixed Firm Energy Payment had been deductible in the period in which the payments were made. If FPL decides to appeal the Internal Revenue Service's determination, the decision as to whether the appeal should be made through the administrative or judicial process or both, and all subsequent decisions pertaining to the appeal (both substantive and procedural), shall rest exclusively with FPL (Continued on Shed No. 10.307) Issued by: & E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 -33- /34'9 Docket No. 170077 -EQ Date: June 29, 2017 Attachment A Page 29 of 42 FLORIDA POWER & EIGHT COMPANY Original Sheet No.10307 (Continued from SWNo, 10.306) TERMS OF SERVICE (1) It shall be the QS s responsibility to inform the Company of any change in its electric generation capability. (2) Any electric service delivered by the Company to a QS located in the Companys service area shall be subject to the following terms and conditions: (a) A QS shall be metered separately and billed under the applicable retail rate schedule(s), whose terms and conditions sball pertain. (b) A security deposit will be required in accordance with FPSC Rules 25-17.082(5) and 25-6.097, F.A.C., and the following: (i) in the first year of operation, the security deposit should be based upon the singular month in which the QS's projected purchases from the Company exceed, by the greatest amount, the Compahys estimated purchases fi m the QS. The security deposit should be equal to twice the amount of the difference estimated for that month. The deposit is required upon interconnection. (ii) For each year thereafter, a review of the actual sales and purchases between the QS and the. Company will be catrducted to determine the actual month of maximum differem The security deposit should be adjusted to equal twice the greatest amount by which the actual monthly purchases by the QS exceed the actual sales to the Company in that month. (c) The Company shall specify the point of interoonnauion and voltage level. (d) The QS must enter into an interconnection agreement with. the Company which will, among other things, specify safety and reliability standards for the interconnection to the Com pangs system. In most instanccs, the Company's filed Interconnection Agreement for Qualifying Facilities will be rased; however, special features of the QS or its interconnection to the Company's facilities may require modifications to this Interconnection Agreement or the safety and reliability standards contained therein. (3) Service under this rate schedule is subject to the rules and regulations of the Company and the Florida Public Service Commission. SPECIAL PROVISIONS (1) Special contracts deviating from the above standard rate schedule are allowable provided the Company ogees to them and they arc approved by the Florida Public. Service Commission. Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 -34- Docket No. 170077 -EQ Date: June 29, 2017 POWER & LIGHT COMPANY Original Sheet Na 10.3071 APPENDIX 1 TO RATE scREDULE QS -2 CALCUUTION OF VALVE OF DEFERRAL PAYMENTS APPLICABILITY Appendix 1 provides a detailed description of the medwdalogy used by the Company to calculate the monthly values of dekning of avoiding the Company's Avoided Unit identified in Schedule QS -2. VA= used in cor*cfKm with the intron FPS4appeoved 0051 pammdws associated with circ Company's Avoided Unit contained in Appendix U. a QS may determine the applicable value of deferral capacity payment rate associated with the timing and operation of its particular faality should the QS enter into Standard Offer Contact with the Company. CALCUTAI.10N ON VALUE OF DEKPJIAL 0PT10N A FPSC Ruh: 25-17,0832(5) specifics that avoided capacity casts, in dollars per blowan per month, associated. with capacity sold to a utility by a QS pursuant to the Company'sSrandardOfferContraashallbedefinedasthe year-byyearvalue, ofdefermlcrow Compen3esAvoided Unit. Theyar-by- yoar value of deferral shell be the diffa+enoc in revenue requirzmets associated with deferring the Cmnpatys Avoided Unit one year, and shell be calculated m follows: Attachment A Page 30 of 42 Where, for a one year defemah. VAC. - ulilityambnthlyvahrc6favaidedcepa6lyand6&M, in dotlem per Wawa per moth, for each month of year a; K = present value of carry!" charges for one dollar of investment e'er L years with carrying eberges computed using average annual two base and assumed to be paid at the middle of each year and present valued to the middle of the fins year. R (I�ip)/(1-r)5- to = total direct and indirect cost. in mid -year dollars per . idlowatt including AFUDC but eating CWIP, of the Company's Avoided Unit with an in-service date of year rk including all identifiable and quantifiable costs relating to the construction of the Company's Avoided Unit %finch would have been paid had the flail bora ansmraea; O total fixed operation and maintenance expense for the year n, in mid -year dollars per blowan per year of the Company's Awided Unit b annual escalation rase associated with da plant oast of the Company's Avoided Unit(ak ie annual escalation rase associated with the operation mrd maintenance expensed the Company's Avoided Unit(sk r — annual discount rate, defined as the utility's incremental after -rex cost efeapital; L expecledlife oftheCompany's AvaidedUnit(s);and n year for which the ComparVs Avoided Wit(s) is (am) dermad starting with its (their) original anticipated b -service dat (s) and coding with the temdtwdm of the Company's Standard Offer Contract (Continued on Shod No. 10.309) Ilsslfed by. & E. Romig, Director, Rates and Tariff's Effective: May 22, 2007 -35- Docket No. 170077 -EQ Date: June 29, 2017 FLORMA I Attachment A Page 31 of 42 (Cotttinnod from Shoat No.10-M) CAL jATfONOFFIXEDVALUEOFDEFERRALPAYM NMS-EARLYCAPACRY-0PTIONB Normally, payments for firm capacity shall not commerce until the in-service date of the Companys Avoided Units} At theoption of the QS, however, the Company may begin making payments for early capacity candIting of the capital cost component of the value of a year by yar defend of the . Companys Avodcd Unit starting as early as the in-service date of the QS facility. When such payments for arty capacity am dotted, the avoided capital coat component of eepacity payments shell be paid manddy commencing no earlier then the Capacity Delivery Doto of the QS, and shall be calculated as m Am_44c(1+fpPi) +Aa0+iof •q for m=ltol 12 12 folkawa. Where A. monthly paymcnistobemade tothe QSfor cub month oftheaomanctyear a. in dollars per idlowatt per month in which QS delivers capacity pursuant to theeuly capacity °pti-, b - amuual escalation rate associated with the plant cost of the Company's Avoided Uait(sX ib annual escalation rate associated with Ike operation and maintenance expense of ike CompanysAvoided Unit(ax In - year for which the reed valca of deferral payments under the early Capacity option inti mads to a QS, starting in yarone and ending in iheyear t: t - Uro term, in yeam of the Standard O1ferConttact; Ae = F I (I-RY(1 -R r)I F the cumulative present value, in the year that the contractual payments will begin, of the evaded capital cost component of capacity payments which would have been made had capacity payments commenced with the anticipated in-service date of the Companys Avoided Unit(sx R - 0-ip)10+0 r = annual discount row, defined as the Companyesmcmnenedafter-tax east ofcapimi:and A. — G I (1 - R)/(1 - R r)I Where. O The cumulative present value, in the year that the contractual payments will begin, of tyro avoided fixed operation and maintenance expose component of capacity payments which would have been made had capacity payments commenced with the anticipated ice- twice date of the Company's Avoided Lkk4 R (1=io)/(1-r) The currently approved parameters applicable to the f a muhss above ate f n ad in Appendix IL (Continttod onShcdNo. 10.310) Issued by,.S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 -36- Docket No. 170077 -EQ Attachment A Date: June 29, 2017 Page 32 of 42 FLORIDA POWER & LIGHT COMPANY Original Sheet No. I0.3Ia (Continued frornShectNo.10.309) CALCULATION OF FDMD YAUM OF DRFERRAL PAY[t+IENTS— LEVELLZEDAND EARLY LEWLIZED CAPACU_-- OFMON C & OPTLON A RESPECTIVELY Monthly foxed value of deferral payments forlevelbed and early levelized capacity shall be calculated as Maws F r + 0 Pc - x 12 Whm: P, the monthly levelimd capooiry payment, starting on or prior to the in= service date of theCompany's Avoided Unii(sk F = the cumulative present value, in the' year dmt &e conbucttml payments will begin, of 0te avoided capital cost component of the capacity payments which would have been made had the capacity payments not been levelired; r the annual discount rate, defined as the Companys inaemealal ager-tm: cost ofcapital; t the lean, in yarn, of ate standard offercontacl; O - the monthly foxed opaation and maintonaoce component of ate capacity payments, calculated in aeeordanee.with calculation of the fixed value of defermt payments for ate levelized, capacity or the early levd zed capacity options. Issued by: 5.1. Romig, Director,.Rates and Tariffs Effective: May 22,2W7 -37- 13 -5'�3 Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER S LIGHT COMPANY Attachment A Page 33 of 42 i"Eleventh Revised Sheet No. 10.311 Cancels Nk"Tenth Remised Sheet No. 10-311 APPENDIX 11 TO RATE SCHEDULE QS -2 AVOIDED UNIT INFORMATION The Company's Avoided Unit has been determined to hen 44441.10 M%V1+taxwfidil Combined Cycle Unit with on in-survice date of June 1, =42022 and a hot tate of(11L(GyItl DIulkmb. EXAMPLE STANDARI) OFFER CONTRACT AVOIDEM CAPACITY PAYMENTS FOR A CON1KACT'I1sRM OFTEN YEARS FROM 1111' IN•SER VM: DATE OF 11OL AVOIDED UNIT (S KWIMONII I) Option A Option D Option C Option D Contract Year Normal Capacity Early Capacity Levelized Capacity Early Les•dvcd.capacity nwinew I'axnmcnt I'm-ment Pacmcnt 2424 ra x S S 1,491'L S S 5911-75 S 3a9. 202 u S 4-3-1 $ S r> 0 s St.aa , S S S_ _. s tA.4h^� S S 4424,h. �S 7. _ $4.59 --- S 7:66 _ _ M S a=r2: _ ..� Iu AL- S 730 S 4,704 6 S 7.06 ' s T45 S '4:86 S 7:Ci6 S 4.75 2026 S 7,60 S 4.96' S 7.66 $ a.i; .=7 _ �., S7.76. _. —.3 .95_ S 7M, _ _ 4,75 _ P2410-29 S L=am S `5., 1G S D? mfr S ?) P242n.9 S Ss;tz�yc- _ 2927 i--9:29 20.9, 3--9:69_ 8 tii31 S_ 9.i6 5 3.93 2030 S 44Ws- , S (-44L36$ r':"' Mt S� 6-4.21 -71 2031 S 40x481 S 63 LU $ U-s4LL,S 693475 2032 S }2,5A S r-. . .66 S :!1 - S 14?J.75 54 6 4.8.1S 0 46 s s oz 2434_ -4=9L' g_6:9? S -9.36„_. 3 S-9; ESTIMATED AS -AVAILABLE ENERGY COST For Informational purposes the most recent estimated Incremental avoided cnet~v costs for the next ten years will be provided within thirty (30) days of written request. ESTIMATED UNIT FUEL COSTS (MIMBtu): Issued by: S. E. Romig, Director, Rates and Tariffs Effective: ti plenlbe r-.'� -38- /3 5'� Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER S LIGHT COMPANY Attachment A Page 34 of 42 iilird Fllurtli Revised Sheet No. 10-3 11.1 Cancels Setemn'hird Sheet No. 10.311.1 date oftleComp art's Avoidd Unit mldctmtimrul l ra period of 10 years. 5794,785M71 r = annual dixornt rate. defined ai ane Company's incremental aller•Wv cosi of capital: 7-44-7572% t ate term, in years. of the Slarldard Uller Contract for alae purchase of lila capacity commencing in the year ° the QS duds to stall receiving early capacil payments prior ail the in-service elite of tae Compxm-r s Avoided UniL G - rhe cunmlatire Inesent value of the avoidkd li oA opt cation and maintehttnce expense component of capacity payments which would hire ltcen made had capacity paymncnN commenced with the anticipated itl-scnice enm elate uf'are Coaylmy's Aviiidd lhrit and continued lura lxYid oC 10 years. " From Appendix r Issued by: S. F. Romig, Director, Rates and Tariffs Effective: 8eplember-}3r;616 -39- t10EDN':\LCE OFDEFERR:U.1',\1`11F�ll:S• OR?L11.('APV1,11*0111'10\PAPLAMEfFRS VVhere. far a one year del-lrml: Value VAC,,; onth, during month as volhae of avoidd capacity and O&M. in dollarsper kilovvatl per mm: = Conhpny' C87,4t1 K present value of cartyine charges for one dolfarof investment aver 1, years with carn•ing charges computed using aveyageannual mtebase and a.,saunal to lx paid at are middle ore tcit year and present valued to the middle of die f irsl year. h - total dinxt tmd indirect rnst, in mid-auu dolLtrs!><-r kilovvan hlcluding AI•l)1� Mn cvchrding C4VII', of the Company's Avoided Unit vvith an in-sentice date of yemn: Slsiit 447(t:is J O„ = total limed oixmtion and maintenvrce cal erase, for the year it. in nrid-yrar dollars per kilowatt per year. orate Comprnny's Avoided UnitS2�aa 14.62 in = annual escalation mac associated with the plant cost orthc Compan)"s Avoided Unit: is = annual escalation rate a,rociarcd vyidn die operation and maintenance mrmisc Of ate Connp:m�'.r• Avoidcd.lJnh: 2.56^/ r antral discount rate, deflated as the Compan's inewmcmal all r-txx cn.t of capital: 7-i-?}�7.572%, L = Lgwctd life of the Gnnpvmy's Avoided Unit: 34U0 n = year for which ate Cotnputy's Avoided Unit is dctiTicd stinting vidh its original anticipated in-service d-lic an i trading with the tcmtmalion of the Standard GflerContracl, Z0442022 FIXED VALIIF OF DEFERRAL PAYMENTS- EARLY CAPACITY OPTION PARAMETERS A., monthly capacity payments to be }Made to ale QC starting on the y"nr the QS c1aAs to start r civiny Cully ealVlcity ° payments. in doilars pier kdmyJlt ptattlntlr; Ic = annr4ll es:.dahon rate associated with the plant cost oftte Cantpall\'s Avoided Unit: 4-OV1%, i, = annual c.Krdation rade ass imcd v%nh (heopoation and maintenance calx -ns, ollhc Compaty's Avoided Unit 2.54'% n = year for allichruly capacity payments to a QS are to llcght: (at the election oflhc QS early capacity ptnyments ' may commence anytime after the adthal hiw vice date of ate Q$ facility and before the mlf is ipatd ire-smvice date ofda: Comlumy's avoided unit) F = the cunmlative present value orthe avoided capital cost component oreapaeily payments which wwuld have been made had capacity payments commenced with the -anticipated in-service date oftleComp art's Avoidd Unit mldctmtimrul l ra period of 10 years. 5794,785M71 r = annual dixornt rate. defined ai ane Company's incremental aller•Wv cosi of capital: 7-44-7572% t ate term, in years. of the Slarldard Uller Contract for alae purchase of lila capacity commencing in the year ° the QS duds to stall receiving early capacil payments prior ail the in-service elite of tae Compxm-r s Avoided UniL G - rhe cunmlatire Inesent value of the avoidkd li oA opt cation and maintehttnce expense component of capacity payments which would hire ltcen made had capacity paymncnN commenced with the anticipated itl-scnice enm elate uf'are Coaylmy's Aviiidd lhrit and continued lura lxYid oC 10 years. " From Appendix r Issued by: S. F. Romig, Director, Rates and Tariffs Effective: 8eplember-}3r;616 -39- Docket No. 170077 -EQ Attachment A Date: June 29, 2017 Page 35 of 42 %i b'Sisth Revised Sheet No.10.312 FLORIDA POWER & LIGHT CO.IMPANY Cancels t' 1 i#i:Eifth Revised Sheet No. 10.312 Sam Uy;Lirecior, maics alfa Larms -40- l3 - VALUE:OF CAPACITY LOCATION srfrirn o,�ta 6.!K -15J CC 0.4!_ - - - sl, OA)4v 94410 av C.", rr u.vb�.ti�� F111t7L1.t%STItdT/19P1,fR1'IL�rSQ.\7.3` Sam Uy;Lirecior, maics alfa Larms -40- l3 - Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER& LIGHTCOMPANY Second Revised Sheet No. 10.313 Cancels First Revised Sheet Na. 10.313 Attachment A Page 36 of 42 APPENDIX B TO TETE STANDARD OFFER CIDNPRACr FOR TH E PURC HM OF FMI CAPACITY AND VMtGV FROM RENEWABLE ENERGY FACILITIES OR QUALIFYING FACILITIES WITH A DESIGN CAPACITY OF 100 KW OR LESS PAY FOR PERFORMANCE PROVISIONS MONBHLYCAPACITY PAYMENT CALCULATION I. MmthlyCapacity Paymaitc (MCP) foreach Monthly Biilieg Period shall be computed aomrdmg tithe fellaaing: A. In the event that the Annual Capacity Billing Fodor ("ACBF"), as defined below. is less than 110%, thin no Monthly (opacity Payment shall be duo That is: MCP -0 B. In the event that the ACBF is evil to or greater than WS/6 hat leas than 940/b, than the Monthly Capacity Payment dall be calculated by using the following formula: MCP - BCP x [I n4x(ACBF = 9495)] xCC C. In the event that the ACBF is,equd to or greater than 94N, then the Monthly Capacity Payment shell be calculated by using the following formula: MCP-BCPxCC Whoa MCP - Monthly Capacity Payment indollarL BCP - Rose Capacity Payment inS/KW/Montbasspecified in'FPL'sRare SchedaleQS-2. CC - ComminedC.apacity in KW. ACBF - Annual Capacity Staling Factor. TMs factor is calculated using the 12 months idling average of the Monthly Capacity Factor. This 12 month rolling average shalt be defined as the sum of the 12 consecutive Monthly Capacity Factors preceding the dole of calculation, divided by 12. During the first 12 consecutive Moodily Billing Periods, corn ing with the fast Monthly Billing Period in which Capacity payments are to be made, tie calculation of the Annual Capacity Billing Factor shall ba perfarmed as fallmws: (a) during the first Monthly Billing Period the Anneal Capacity Sidling Factor shall be equal to the Monody Capacity Factor. (b) thereafter. the calculatioin attic Amens Capacity Billing Factor shall be computed by dividing the sum of the Monthly Capaciy Factors during the first year's Monthly Billing Periods in which Capacity payments are to he made by. the number of Monthly Billing Periods which have dapsed. This calculation shag be performed at the end of tach Monthly Billing Period until enough Monthly Billing Periods huvc dapsod to calculate a tine 12 -month rolling average Annual Capacity Billing Factor. Periods during which the Facility has temporarily std its Committed Capacity equal to 0 KW due to a Force Mgjcuin avant pursuant to Section 16 shall beeMaded from theapplicable capacity factor calculatim. . MCF - Monthly Capacity Factor.: no sunr:o6 (i) the Hourly Factor of the Non -Dispatch Hours Plus (10'the Hourly Factors of the Dispatch Hours or the Hourly factors of the hours when FPL requested reduced ddiwxies pursuant to Sections SAA and SAS (Reduced Delivery Hour), divided by the numbcrof hours in the Monthly Billing Period. HFNDH Hourly Factor ofa Non -Dispatch Hour. The energy received during the hour divided by the Committed Capacity. For purposes of calculating the Hourly Fodor of a Non -Dispatch Hour the energy received shall not etioeed the Committed Capacity. HFDH Hourly Fetor of a Dispatch Hour or a Reduced.Detivery Hour. The scheduled energy received divided by the scheduled energy roqucsto t . For purposca ofcalculating the Howdy Factor ofa Dispatch Houror the Howdy Factor ofa Reduced Delivery Hour the scheduled energy received shall not exceed the scheduled energy requested. Chi-PeAk Hours Those hours occurring April I thtmgh October 31 Mondays through Fridays, from 12 noon to 9:00 p.m. excluding Memorial Day, Independence Day and Labor Day, and November 1 through March 31 Mondays through Fridays from 6:00 a.m. to t0:00 a.m. and 6:00 p.m. to 10:00 p.m. prevailing Eastern fime excluding Thanksgiving Day, Christmas Day and New Years Day. FPL shall have tate right to change such Orr Peak Hours by providing the QS ominimum ofthirtvcalatdardays advanocnation. Monody Billing - The period beginning an the first calendarday of each calendar month, except that the initial Monthly Billing Period Period shall consist of the periodbeginning 12.01 a.m. on the Capacity Delivery Period Date and ending with the last calendar day of sucb month. Scheduled Energy, and Dispatch Hours are as defined in Section SAJ of the Standard OfferContract. Issued by: S. E. Romig, Director, Rates and .Tariffs Effective. August27,2015 -41- 13-4�7 Docket No. 170077 -EQ Date: June 29, 2017 Attachment A Page 37 of 42 APPENDIX TOTIFE STANDARD OFFER CONTRACT TERhIDVATIONFEE The Termination Fee shall be the sum of the values for web month beginning with the month in which the Capacity Delivery Dateoecurs through the mouth of termination (or month of e"Inuan. as the ease may be). computed according to die following formula - Termination Fee= Termination Fee appilcabte to Capacity Payment Option plus Terminst(mr Fee applicable to Filed Firm Energy Option Termination Feea kable to Capaeltv Pornenv Mons IL C Dand (MCP, - MCPCh) x 1�41 with: MCPC, = 0 for all periods prior to the in-service date of the Companyos Avoided Unit: i — number of the Monthly Billing Period commencing with dto Capacity Delivery Dato 0.0.: the month in which Capacity Delivery Data occurs - I; the month following the month in which Capacity Delivery Dow occurs = 2; etc.) n " the mtmberof Monthly Baling Periods which have elapsed from the month in which the Capacity Delivery Date coeurs through the month of termination (or month of ealeulation, as the core maybe) t - the future value of in amount factor necessary to compound a sum monthly so the annual percentage fate derived will equal FPL`s incremen W after-tax avoided cost of rapiml (defined as t in QS -2). For any Monthly Billing Period in which MCPCr is greater than MCP„ t shall equal 1. MCP, = Monthly Capacity Payment Paid to QS corresponding to the Monthly Billing Period i, calculated in accordance with Appendix B: MCPCr - Monthly Capacity Payment for Option A corresponding to the Monthly Billing Period i, calculated in accordertce with QS -2 In the event that for any Monthly Billing Period, the computation of the value of the Capacity Payment Termination Fee for such Monthly Bil ling Period (as set forth above)yields a value equal w or grater then zero, the amount of the Capacity Payment Termination Fee shall be increased by the amount of such value. In the event that for any Monthly Billing Period, the computation of the value of the Capacity Payment Termination Fee for such Monthly Billing Period (as set forth above) Yields a value less then zein, the amount of the Capacity Payment Termination Fee shall be decreased by the amount of such value expressed as a positive number (the "Initial Reduction Value'; provided, however, that such Initial Reduction Value shall be subject to the following adjustments (the Initial Reduction Value, as adjusted, the "Reduction Value). L In the event that in the applicable Monthly Billing Period the Annual Capacity Baling Factor (ACBE), as defined in Appendix B is Deas than 80%. then the Initial Reduction Value shall be adjusted to equal aro (Reduction Value 01 and the Capacity Payment Termination Fee shall not be reduced for the applicable Monthly Billing Period. b. In the event "in tha applicable Monthly Billing Period the Annual Capacity Billing Factor (ACBF), as definod in Appendix B. is equal to or greater than 80°6 but less than 970A then the Reduction Value shall be data,, ined as follows Reduction Value. Initial Reduction Value x [0.04 x (ACBE - 72)] For the applicable Monthly Billing Period, the Term instion Foe shall be reduced by the amount of such Reduction Value. In no event shall FPL be liable to the QS at any time for any amount by which the Capacity Payment Termination Fee. adjusted in accordance with the foregoing, is less than zero (0). Termination Fee aenlicab[e to the Fixed'Fiem Eneeev Pavmmt_Ontion D Prier to ;tt-aervioe date of avoided unit - The Termination Fee for the Fixed Firm Energy Option shall be equal to the cumulative sum of the Fixed Firm Energy Payments made to the QS pumma t to Option D. starting with the in-service date of the QS facility. for each billing cycle. Such number shall reach the maximum amount on the billing cycle immediately preceding the billing cycle associated with the in-service date of the Avoided (flit Afler in-service date of avoided unit: The Termination Fac shall be decreased each billing cycle following rho in-sctvico data of the avoided unit by en amount equal to the difference betwrorn the projoctod Fixed Energy Cost that was used in the calculation to dctermiao the base energy cost to be fixed and amortized pursuant to Option D for such billing cycle and the amortized Fixed Font Enargy Payment in centslKWH times the energy delivered by the QS not to exceed the MWH block specified in Appendix E. Issued by: S E. Romig, Director, Rates and Tariffs Effective: May22,2007 -42- 13-5-9 Docket No. 170077 -EQ Date: June 29, 2017 FLORIDA POWER & LIGHT Attachment A Page 38 of 42 APPENDIX D TO TRE STANDARD OFFER CONTRACT DETAILED PROJECT INFORMATION Each eligible Contract received by FPL will be evaluated to determine if the underlying QS project is financially and technically viable. The QS shall, to the extent available, provide FPL with a detailed project pralwsal which addresses the information requested below. L FACILITY DESCRIPTION • Project Name • Project Location • Street Address • Site Plot Plan • . Legal Description of Site Generating Technology • Facility Classification ( include types from statute) • primary Fuel • Alternate Friel (if applicable) • Committed Capacity • Expected In -Service Date • Steam Host (for cogeneration facilities) • Street Address • Legal Description of Steam Host • Host's annual steam requirements (Ibsfyr) • Contact Person 0 lndividoat's Name and Title • Company Name • Addis • Telephone Number • Telecopy Number IL PROJECT PARTICIPANTS • Indicate the entities responsible for the following project management activities and provide a detailed description of the experience and capabilities of the entities: • ProjectDevelopmeru • Siting and Licensing Ore Facility • Designing the Facility • Constructing the Facility • Securing the Fuel Supply • Operating the Facility • Provide details on all electrical generation facilities which are currently under construction or operational which wire developed by the QS. • Describe the financing structure for the projects identirted above, including the type of feinting u94 the permanent fimoncing term, the major to lers, and die percentage of equity invested at financial closing. (Continued on Shoat No. 10.316) Issued by: S. L Romig, Direttior, Rales and Tariffs Effective: May 22, 20077 -43- Docket No. 170077 -EQ Date: June 29, 2017 PWXWA rUWXK ee LAie[r LUMrANT (Continued Gum ShedNo.10.315) UL FUELSUPPLY ,7neel 11%G. I V.JIO Attachment A Page 39 of 42 • Describe all fuels to be used to generate electricity at the Facility. Indicate the specific physeal and chemical characteristics of each fuel type (e g, Btu content, sulfur content, ash content, etc.) Identify special considerations regarding fuel supply origin, source and handling, storage and processing requirements. • Provide annual fuel requirements (AFR) necessary to support the ,pursuant to Section 366.41, Florida Statutes, and the planned levels of generation and list the assumptions used to determine these quataities. • Provide a summary of Ore status of the fuel supply arrangements in ptace to fined the ARFR in each year of the proposed operating fife of the Facility. Use the categories below to describe the cunt arrangement for seeming the AFR. Category Description of Fud Supply Arrangement fuel is from a fully developed owned = source owned by one or more 'of the project participants contract = fully executed rum fuel contract exists between the developer($) and fuel supplier(s) LOI = a letter of intent for the fuel supply exists between developers) and fuel supplier(s) REF = renewable energy facility will bum biomass, waste, or another renewable re�urrx spot = fuel supply will be purchased on the spm marled none: no faro lud supply errangementumently in place Giber fuel supply arrangement which does not fit any of the above categories (please describe) • Indicate the percentage of the Facility's APR which is covered by the above fuel supply imangement(s) for each proposed operating year. The percent of AFR covered for each operating year must total 100% For fuel supply arrangemetrts identified as owned, contract or LOI, provide documentation to support this category and explain the fuel price mechanism of the arrangement. in addition, indicate whether or not the fuel price includes delivery and, if so, to what location. • Describe fuel transportation networks available for delivering all primary and secondary fuel to the Facility site. Indicate the mode, route and distance of each segment of the journey, front fuel source to the Energy Facility site. Discuss the current status and pertinent factors impacting future availability of the transportation netwoilc • Provide amoral -fuel transportation requirements (AFTR) necessary to support planned levels of generation and list the assumptions used to determine these quantities. • Provide a sruronary of the status of Ore fuel transportation arrangements in place to med the AFTR in each year of the proposed opeuting life of the Energy Facility. Use the categories below to describe the current arrangement for securing the AFTR owned = fuel transport via a fully developed system owned by one or more of the project participants contract = fully executed firm transportation contract exists bet%vm the developer(s) and fuel tnamsportcrs) LOI = a lelterof intent for rite] transport exists between developers) and fuel transporter(s) spot= fuel uansponation will be purchased on the spot market none = to firm fuel transportation arrangement currently in place other= fuel transportation arrangement which does not fit any oftheabove categories(pk'asedesenU) • Indicate the percentage of the, Facility's AFR which is covered by the above fud supply arrangements) for each proposed operating year. The percent of AFR coverod for each operating year must total 100% For fuel supply arrangements identified as owned, contract, or LOI, provide documentation to support this category and explain the transportation price meebenisn of the arrangement. • Provide the maximum, minimum, and average fleet inventory levels to maintained for primary and secondary fuels at the Facility site. List the assumptions used in determining the inventory levels. (Continued an Sheet No. 10317) Issued by: S. L Romig, Director, Rates and Tariffs Effective: May 22,2W -44- l.3-100 Docket No. 170077 -EQ Date: June 29, 2017 Attachment A Page 40 of 42 FLORIDA POWER & LIGHT COMPANY Original Sheet No. 10.317 (Continued from Shcet No.10316) IV. PLANT DISPATCHABIITY/CONTROLLABE STV • Piovide the following operating characteristics and a detailed explanation supporting the performance capabilities indicated. • Ramp Rate (MWAninute) • Peak Capability (% above: Committed Capacity) a Kmimumpower level (%ofCommiuedCapacity) • Facility Turnaround Tune, Hot to Hot (hours) • Start-up Time 6om Cold Shutdown (hours) • Unit Cycling (43 cycleslyr) • MW and MVAR Control (AGC, Manuel, Other (please explain)) V. SrMGAND ]LICENSING • Provide a licensmglocanittmg milestone schedule which lists all permits, licenses and variances required to site the Facility. The milestone schedule spall also identify key milestone dates for baseline monitoring, application preparation, agency review, certification and licensing/siting board approval, and agency permitism anot • Provide a iicensingipamitting plan that addresses the issues of air emissions, water use, wastewater discharge, wetlands, endangered species, protected properties, solid waste, surrounding lamp use, zoning for the Facility, associated Gann facilities, and support of and opposition to the Facility. • List the amission/epluent discharge limits the Facility will matt, and describe in detail the pollniion control equipment to be used to meet time limits VL FACIIMDEVELOPMENT AND PERFORMANCE • Submit a derailed engineering, procununent, construction, startup and commercial operation schedule. The schedule shall include milestones for site acquisition, enp¢neming phases, selection of &e major equipment vendors, architect engineer. EPC contractor, and Facility operator, steam host integration, and delivery of majorequipment A discussion of the current status of each milestone should also be included where applicable. • Attach a diagram of the power block arrangement Provide a list of the major equipment vendors and the name and model number of the major equipment to be installed. • Provide a detailed description of the proposed environmental control technology for the Facility and describe the capabilities of the proposed technology. • Attach pr4kninary flow diagrams for the steam system, water system, and fuel system, and a main electrical one line diagram for the Facility. • State the expected heat rate (HFfV) at 75 degrees Fahrenheit for loads of IWA 7S%, and VW In addition, attachit p relimbun heat balance for the Facility. • [NOTE: add any requirements related to demonstrating that the facility meets the requhments under the statute or applicable rules] (Continued on Shoat No. 10.318) Issued by: & E., Romig, Director, Rates and Tariffs Effective: May ZZ, 2007 - 45 - Is -341 Docket No. 170077 -EQ Date: June 29, 2017 a Attachment A Page 41 of 42 FLORIDA POWER & LIGHT COMPANY Ungmal bueet 140.Ivilu (Continued from Slant No. 10.317) VQ FINANCIAL • Provide FPL with assurances That the proposed QS project is financially viable consistent with FPSC Rule 25-17.0832(4) (c) by ottacl&g a detailed Womin cash flow analysis. The pro -forma must include, at a minimum, the following assmnptions for each year of the project ♦ Annual Project Revenues • Capacity Payments ($ -4 $1KW/Mo) • Variable0&M($and$/MWh) • Energy ($ and VMWh) • Steam Revemus ($ amt %Abh) • Tipping Fees (S and 3/ton) • Interest Income • OthetRevenues • Variable O&M Escalation (%ryr) • Energy Escalation (Wyr) • Steam Escalation(%lyr) • Tipping Foe Escalation (%(yr) ♦ Annual Project Expenses Fixed O&M (S and VKW/Mo) • Variable O&M (S and VMWh) + Energy ($ and PAM) • Property *I'axe M • Instnonoe (S) • Emission Compliance (S and$/MWh) • Depreciation (S and 4klyr) • Od-Exper>ses($) • Fixed O&M Escalation (%1vr) • Variable O&M Escalation (4Nyr) • Energy Escalation ('9rWyr) ♦ o ier Project Information Installed Cost of the Energy Facility ($ and SXW) • Committed Capacity (KW) • Average Heat Rau - HHV ('M131 t KWh) • Federal Income Tax Rate (%) • Facility Capacity Factor (0/.) • Energy Sold to FPL (MWH). ♦ Per manentFinancing • Permanent Financing. Term (M) • Project Capital Stmetum (percentage of lo>g-term debt, subordinated debt, tax exempt debt, and equity) • Financing Costs (cost of long-term debt, subordinated debt, tax exempt debt, and equity) • Annual Interest Expense • Annual Debt Service (S) • Amortization Schedule (beginning balance, interest expense, principal reduction, ending balance) • Provide details of the financing plan for Ute project and indicate whether the project will be non-recourse project financed If it till not be project financed please explain The alternative financing arrangement • Submit financial statements for the last two years an the principals of dic project, and provide an illustration of the pmjoct ownership structs m Issued by: S. E. Romig, Director, Rates and Tariffs Effective: !►Say 22, 2007 -46- Docket No. 170077 -EQ Attachment A Date: June 29, 2017 Page 42 of 42 FLORIDA POWER & LIGHT WNIPANY ungmm aneet NP. ztwir APPENDIX E TO THE STANDARD OFFER CONTRACT CONTRACT OPTIONS TO BE SELECTED BY Qs Term of Contract Execution date Termination date €11M Capacity Rates Commencement date for delb cries of Firm Energy and Capacity Capacity Payment Option Selected (from available Options A through E) If Option E is seloctod proposed payment stream: Schedule of Capacity Payments to be. provided by the Company based on applicable pararmicrs follows: X= SIKWIMnndt Fmmy Rates Energy payment Options selected applicable to energy produced by tip QS and delivered to the Company (from available Option A or B and D) Select from Option A or B And Select D If Option D is selected by the QS; the Company and the QS mutually agree on fixing and amortizing the following portion of the Base Energy Costs associated with the Avoided Unit % which yields MWH Projected Energy Cost of Energy Produced by Avoided Unit (provided by the Company): Year Proiected Fixed Enemy Cost (in Ccn%&WH or in Dollars) Based on the projections of Energy Costs Produced by time Avoided Unit and the mutually agreed upon Portion of the Base Energy Costs associated with the Avoided Unit the Fixed Energy Payment shalt be SftAWH or $ (as applicable). tined by: S. E. Romig, Director, Rates and Tariffs ffective: May 22, 2007 -47- 7� FLORIDA PUBLIC SERVICE COMMISSION COMMISSION CONFERENCE AGENDA CONFERENCE DATE AND TIME: Thursday, July 13, 2017, 9:30 a.m. LOCATION: Betty Easley Conference Center, Joseph P. Cresse Hearing Room 148 DATE ISSUED: June 30, 2017 NOTICE Persons affected by Commission action on certain items on this agenda may be allowed to address the Commission, either informally or by oral argument, when those items are taken up for discussion at this conference. These items are designated by double asterisks (**) next to the item number. To participate informally, affected persons need only appear at the conference and request the opportunity to address the Commission on an item listed on the agenda. Informal participation is not permitted: (1) on dispositive motions and motions for reconsideration; (2) when a recommended order is taken up by the Commission; (3) in a rulemaking proceeding after the record has been closed; or (4) when the Commission considers a post -hearing recommendation on the merits of a case after the close of the record. The Commission allows informal participation at its discretion in certain types of cases (such as declaratory statements and interim rate orders) in which an order is issued based on a given set of facts without hearing. See Florida Administrative Code Rules 25-22.0021 (agenda conference participation) and 25-22.0022 (oral argument). Conference agendas, staff recommendations, vote sheets, and transcripts are available online at hqp://www.floridapsc.com, by selecting Conferences & Meeting Agendas and Commission Conferences of the FPSC. An official vote of "move staff' denotes that the Item's recommendations were approved. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate at this proceeding should contact the Office of Commission Clerk no later than five days prior to the conference at 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 or 850-413-6770 (Florida Relay Service, 1-800-955-8770 Voice or 1-800-955-8771 TDD). Assistive Listening Devices are available upon request from the Office of Commission Clerk, Gerald L. Gunter Building, Room 152. The Commission Conference has a live video broadcast the day of the conference, which is available from the FPSC website. Upon completion of the conference, the archived video will be available from the website by selecting Conferences & Meeting Agendas, then Audio and Video Event Coverage. EMERGENCY CANCELLATION OF CONFERENCE: If a named storm or other disaster requires cancellation of the Conference, Commission staff will attempt to give timely notice. Notice of cancellation will be provided on the Commission's website (http://www.floridapsc.com) under the Hot Topics link on the home page. Cancellation can also be confirmed by calling the Office of Commission Clerk at 850-413-6770. If you have any questions, contact the Office of Commission Clerk at 850-413-6770 or Clerkgpsc.state.fl.us. P14 Table of Contents Commission Conference Agenda July 13, 2017 1** Consent Agenda................................................................................ 2**PAA Docket No. 140029 -TP — Request for submission of proposals for relay service, beginning in June 2015, for the deaf, hard of hearing, deaf/blind, or speech impaired, and other implementation matters in compliance with the Florida Telecommunications Access System Act of 1991 .................................................. 2 3**PAA Docket No. 170082 -TP — Request for relinquishment of partial eligible telecommunications carrier (ETC) status, by BellSouth Telecommunications, LLC d/b/a AT&T Florida........................................................................................ 4 4**PAA Docket No. 170070 -EQ — Petition for approval of revised standard offer for energy purchase from cogenerators and renewable generating facilities and standard offer contract for purchases of firm capacity and energy, by Florida PublicUtilities Company........................................................................................ 5 5 * *PAA Docket No. 170072 -EQ — Petition for approval of amended standard offer contract and amended interconnection agreement, by Duke Energy Florida, LLC.6 6**PAA Docket No. 170075 -EQ — Petition for approval of revisions to standard offer contract and rate schedule COG -2, by Tampa Electric Company .......................... 7 7**PAA Docket No. 170076 -EQ — Petition for approval of new standard offer for purchase of firm capacity and energy from renewable energy facilities or small qualifying facilities and approval of tariff schedule REF -1, by Gulf Power Company................................................................................................................. 8 8**PAA Docket No. 170077 -EQ — Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company ................................ 9 9**PAA Docket No. 170122 -EI — Petition for exemption under Rule 25-22.082(18), F.A.C., from issuing a request for proposals (RFPs) for modernization of the Lauderdale Plant, by Florida Power & Light Company ....................................... 10 10**PAA Docket No. 150012-WU — Application for transfer of Certificate No. 390-W from County -Wide Utility Co., Inc. to Southwest Ocala Utility, Inc. in Marion County. ............................................................................................................................... 11 11 * *PAA Docket No. 160075-WU — Joint application for authority to transfer assets and Certificate No. 623-W in Orange and Lake Counties from Oak Springs, LLC to OakSprings MHC, LLC....................................................................................... 13 12**PAA Docket No. 160165 -SU — Application for staff -assisted rate case in Gulf County 1. by ESAD Enterprises, Inc. d/b/a Beaches Sewer Systems, Inc . ................... :....... 15 13** Docket No. 170069 -EI — Petition for approval of revised underground residential distribution tariffs, by Duke Energy Florida, LLC ............................................... 21 P15 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 2**PAA Docket No. 140029 -TP — Request for submission of proposals for relay service, beginning in June 2015, for the deaf, hard of hearing, deaf/blind, or speech impaired, and other implementation matters in compliance with the Florida Telecommunications Access System Act of 1991. Critical Date(s): September 1, 2017 - Effective date of Florida Telecommunications Relay, Inc. budget. Notification of any change in the Telecommunications Access System Act surcharge must be made to carriers prior to September 1, 2017 under staffs recommendation. Commissioners Assigned: All Commissioners Prehearing Officer:. Administrative Staff: TEL: Fogleman, Long, Williams GCL: Page (Proposed Agency Action for Issue 1— Issue 2 is Procedural) Issue 1: Should the Commission approve FTRI's proposed budget as presented in Attachment A of staff s memorandum dated June 29, 2017, for Fiscal Year 2017/2018, effective September 1, 2017, and should the Commission reduce the current Telecommunications Relay Service (TRS) surcharge from $0.11 per month to $0.10 per month? Recommendation: No. Staff recommends that the Commission reduce FTRI's proposed budget expenses for Fiscal Year 2017/2018 by $81,954 for Regional Distribution Center (RDC) expenses and by $36,000 for Legal expenses as presented in Option 1. Staff recommends that the Commission order the incumbent local exchange companies, competitive local exchange companies, and shared tenant providers to discontinue billing the $0.11 monthly surcharge, and bill the $0.10 surcharge for Fiscal Year 2017/2018, effective September 1, 2017. Staff also recommends that the Commission order FTRI to require detailed, itemized bills from its legal counsel and conduct in-house analyses for Insurance-Health/Life/Disability and Retirement expenses. Staff recommends that FTRI be ordered to provide the results of its analyses to staff by January 31, 2018. Issue 2: Should the Commission approve the appointment of Ms. Elizabeth Bradin to the TASA Advisory Committee effective immediately? Recommendation: Yes. Staff recommends that the Commission approve the appointment of Ms. Elizabeth Bradin to the TASA Advisory Committee effective immediately. -2- P18 Agenda for Commission Conference July 13, 2017 .ITEM NO. CASE 3**PAA Docket No. 170082 -TP — Request for relinquishment of partial eligible telecommunications carrier (ETC) status, by BellSouth Telecommunications, LLC d/b/a AT&T Florida. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Polmann Staff: TEL: Deas, Curry, Fogleman, Long, Wooten .GCL: Murphy, Cuello Issue 1:. Should the Commission approve AT&T : Florida's request for partial relinquishment of its ETC. designation? Recommendation: Yes. The Commission: should approve AT&T Florida's request for partial relinquishment of: its ETC designation. Issue 2: Should this docket be closed? Recommendation: Yes. If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, this docket should be closed upon the issuance of a consummating order: -4- P20 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 4**PAA Docket No. 170070 -EQ — Petition for approval of revised standard offer for energy purchase from cogenerators and renewable generating facilities and standard offer contract for purchases of firm capacity and energy, by Florida Public Utilities Company. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Administrative Staff: ENG: Matthews, Thompson GCL: Corbari Issue 1: Should the Commission approve the revisions to the standard offer rate schedule and standard offer contract filed by Florida Public Utilities Company? Recommendation: Yes. FPUC's revised standard offer rate schedule and standard offer contract conform to all the requirements of Rule 25-17.0825, and Rules 25-17.200 through 25-17.310, F.A.C., and reflect the avoidable costs associated with FPUC's power purchase agreements. Staff recommends that the revisions to the rate schedule and standard offer contract filed by FPUC be approved as filed. Issue 2: Should this docket be closed? Recommendation: Yes. This docket should be closed upon issuance of a consummating order, unless a person whose substantial interests are affected by the Commission's decision files a protest within 21 days of the issuance of the Commission's Proposed Agency Action Order. Potential, signatories should be aware that, if a timely protest is filed, FPUC's standard offer contract may subsequently be revised. -5- P21 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 5**PAA Docket No. 170072 -EQ — Petition for approval of amended standard offer contract and amended interconnection agreement, by Duke Energy Florida, LLC. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Administrative Staff. ENG: Matthews, Thompson GCL: .Cuello Issue 1: Should the Commission approve the amended standard offer contract and associated rate schedule and amended interconnection agreement filed by Duke Energy Florida? Recommendation: Yes. The provisions of the amended standard offer contract and associated rate schedule, along with the updated interconnection agreement, conform to all requirements of Rules 25-17.200 through 25-17.310, F.A.C. The amended standard offer contract provides flexibility in the arrangements for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. The updated interconnection agreement provides the Utility an opportunity to limit the physical capacity of any new connection based on testing results. Staff recommends that the revisions to the rate schedule and standard offer contract, as well as the updated interconnection agreement be approved as filed. Issue 2: Should this docket be closed? Recommendation: Yes. This docket should be closed upon issuance of a consummating order, unless a person whose substantial interests are affected by the Commission's decision files a protest within 21 days of the issuance of the Commission's Proposed Agency Action Order. Potential signatories should be aware that, if a timely protest is filed, DEF's standard offer contract and interconnection agreement may subsequently be revised. P22 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 6**PAA Docket No. 170075 -EQ — Petition for approval of revisions to standard offer contract and rate schedule COG -2, by Tampa Electric Company. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Administrative Staff: ENG: Matthews, Thompson GCL: Murphy Issue 1: Should the Commission approve the .revised standard offer contract and schedule COG -2 filed by Tampa Electric Company? Recommendation: Yes. The provisions of TECO's revised standard offer contract and schedule COG -2 conform to all requirements of Rules 25-17.200 through 25-17.310, F.A.C. TECO's revised standard offer contract provides flexibility in the arrangements for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. Staff recommends that TECO's revised tariff sheets for the standard offer contract and revised schedule COG -2 be approved as filed. Issue 2: Should this docket be closed? Recommendation: Yes. This docket should be closed upon issuance of a consummating order, unless a person whose substantial interests are affected by the Commission's decision files a protest within 21 days of the issuance of the Commission's Proposed Agency Action Order. Potential signatories should be aware that, if a timely protest is filed, TECO's standard offer contract may subsequently be revised. -7- P23 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 7**PAA Docket No. 170076 -EQ — Petition for approval of new standard offer for purchase of firm capacity and energy from renewable energy facilities or small qualifying facilities and approval of tariff schedule REF -1, by Gulf Power Company. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Administrative Staff. ENG: Matthews, Thompson GCL: Murphy Issue 1: Should the Commission approve the revised standard offer contract and schedule REF -1 filed by Gulf Power Company? Recommendation: Yes. The provisions of Gulf's revised standard offer contract and schedule REF -1 conform to all requirements of Rules 25-17.200 through 25-17.310, F.A.C. Gulf's revised standard offer contract provides flexibility in the arrangements for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. Staff recommends that Gulf's revised standard offer contract and schedule REF -1 be approved as filed. Issue 2: Should this docket be closed? Recommendation: Yes. This docket should be closed upon issuance of a consummating order, unless a person whose substantial interests are affected by the Commission's decision files a protest within 21 days of the issuance of the Commission's Proposed Agency Action Order. Potential signatories should be aware that, if a timely protest is filed, Gulf's standard offer contract may subsequently be revised. -8- P24 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 8**PAA Docket No. 170077 -EQ — Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. Critical Date(s): None Commissioners Assigned: All Commissioners, Prehearing Officer: Administrative Staff. ENG: Matthews, Thompson GCL: Corbari Issue 1: Should the Commission approve the revised renewable energy tariff and standard offer contract fled by Florida Power & Light Company? Recommendation: Yes. The provisions of FPL's revised renewable energy tariff and standard offer contract conform to all requirements of Rules 25-17.200 through 25- 17.310, F.A.C. FPL's revised standard offer contract provides flexibility in the arrangements for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. Staff recommends that FPL's revised renewable energy tariff .and standard offer contract be approved as filed. Issue 2: Should this docket be closed? Recommendation: Yes. This docket should be. closed upon issuance of a consummating order, unless a person whose substantial interests are affected by the Commission's decision files a protest within 21 days of the issuance of the Commission's Proposed Agency Action Order. Potential signatories should be aware that, if a timely protest is filed, FPL's standard offer contract may subsequently be revised. P25 Agenda for ' Commission Conference July 13, 2017 ITEM NO. CASE 9**PAA Docket No. 170122 -EI — Petition for exemption under Rule 25-22.082(18), F.A.C., from issuing a request for proposals (RFPs) for modernization of the Lauderdale Plant, by Florida Power & Light Company. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Brisd Staff: ENG: Ellis, Matthews, Thompson GCL: Murphy Issue 1: Should the Commission grant FPL's petition for exemption from the RFP requirement of Rule 25-22.082, F.A.C., for the modernization of the Lauderdale Plant? Recommendation: Yes. The Dania Beach Project meets the requirements for exemption under Rule 25-22.082(18), F.A.C., by reusing the existing Lauderdale plant site and related facilities for a newer, larger, and more efficient unit. Granting the exemption will not relieve the Company of any requirements during a future PPSA need determination proceeding, including a demonstration that the project is the most cost-effective source of power or whether conversion or renewable generation can mitigate the need for the modernization of the Lauderdale Plant. Issue 2: Should this docket be closed? Recommendation: Yes. If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, this docket should be closed upon the issuance of a consummating order. Q -10- P26 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 10**PAA Docket No. 150012-WU — Application for transfer of Certificate No. 390-W from County -Wide Utility Co., Inc. to Southwest Ocala Utility, Inc. in Marion County. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Brise Staff.. ENG: Watts, Graves AFD: Frank, Norris ECO: Johnson GCL: Janjic (Proposed Agency Action for Issue 2) Issue 1: Should the Commission approve the transfer of County -Wide Utility Co., Inc.'s water system and Certificate No. 390-W to Southwest Ocala Utility, Inc.? Recommendation: Yes. The transfer of County-Wide's water system and the transfer of Certificate No. 390-W to SOU is in the public interest and should be approved effective the date of the Commission's vote. The resultant order should serve as SOU's certificate and should be retained by the Utility. The existing rates and charges should remain in effect until a change is authorized by the Commission in a subsequent proceeding. The tariffs reflecting the transfer should be effective for services rendered or connections made on or after the stamped approval date on the tariffs pursuant to Rule 25-30.475, Florida Administrative Code (F.A.C.). SOU should be responsible for filing the Utility's 2015 and 2016 annual reports and all future annual reports. Regulatory assessment fees (RAFs) have been paid through December 31, 2016. SOU should be responsible for all future RAFs. Issue 2: What is the appropriate net book value (NBV) for the SOU water system for transfer purposes? Recommendation: The net book value of the water system for transfer .purposes is $79,051, as of January 1, 2014. Within 90 days of the date of the final order, SOU should be required to notify the Commission in writing, that it has adjusted its books in accordance with the Commission's decision. The adjustments should be reflected in SOU's 2015 Annual Report when filed. Specifically, the Utility should confirm that the adjustments to all applicable National Association of Regulatory Utility Commissioners, Uniform System of Accounts (NARUC USOA) primary accounts as shown on Schedule No. 2, Page 3 of 3, of staff's memorandum dated June 30, 2017, have been made to SOU's books and records. In the event the Utility needs additional time to complete the adjustments, notice should be provided within seven days prior to the deadline. Upon providing good cause, staff should be given administrative authority to grant an extension of up to 60 days. -11- P27 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 11 **PAA Docket No. 160075-WU — Joint application for authority to transfer assets and Certificate No. 623-W in Orange and Lake Counties from Oak Springs, LLC to Oak Springs MHC, LLC. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Brise Staff., ENG: Watts AFD: Andrews, Norris ECO: Hudson, Johnson GCL: Mapp (Proposed Agency Action for Issue 2) Issue 1: Should the transfer of Oak Springs, LLC's water system and Certificate No. 623 -Win Orange and Lake Counties to Oak Springs MHC, LLC be approved? Recommendation: Yes. The transfer of the water system and Certificate No. 623-W is in the public interest and should be approved effective the date of the Commission vote. The resultant order should serve as the Buyer's certificate and should be retained by the Buyer. The existing rates and charges should remain in effect until a change is authorized by the Commission in a subsequent proceeding.. The tariffs reflecting the transfer should be effective for services rendered or connections made on or after the stamped approval date on the tariffs, pursuant to Rule 25-30.475, Florida Administrative Code (F.A.C.). The Seller should be responsible for all Regulatory Assessment Fees (RAFs) payable through the date of closing. The Buyer has filed the 2015 and 2016 Annual Reports, and will be responsible for all future Annual Reports and RAFs subsequent to the date of closing (May 31, 2015). Issue 2: What is the appropriate net book value (NBV) for the water system for transfer purposes and should an acquisition adjustment be approved? Recommendation: The NBV of the water system for transfer purposes is $106,950 as of May 31, 2015. An acquisition adjustment should not be included in rate base. To ensure that the Buyer adjusts its books in accordance with the Commission decision, it should notify the Commission, within 90 days of the final order in this docket, confirming that the adjustments to all the applicable National Association of Regulatory Utility Commissioners (NARUC), Uniform System of Accounts (USDA) accounts have been made to the Buyer's books and records. In the event the Buyer needs additional time to complete the adjustments, notice should be provided to staff within seven days prior to the deadline. Upon provided good cause, staff should be given administrative authority to grant an extension of up to 60 days. The adjustments should be reflected in the Buyer's 2017 Annual Report when filed. -13- P29 Agenda for Commission Conference July 13, 2017 ITEM NO. 12 * *PAA CASE Docket No. 160165 -SU — Application for staff -assisted rate case in Gulf County by ESAD Enterprises, Inc. d/b/a Beaches Sewer Systems, Inc. Critical Date(s): 12/9/2017 (15 -Month Statutory Deadline (SARC)) Commissioners Assigned: All Commissioners Prehearing Officer: Polmann Staff: ENG: Matthews, Ellis AFD: Brown ECO: Friedrich GCL: Murphy (Proposed Agency Action - Except Issue Nos. 17, 18, and 19) Issue 1: Is the quality of service provided by Beaches Sewer Systems, Inc. satisfactory? Recommendation: Yes; the quality of service provided by Beaches Sewer Systems, Inc. should be considered satisfactory. Issue 2: What are the used and useful percentages (U&U) of the Beaches Sewer Systems, Inc. wastewater treatment plant and wastewater collection system? Recommendation: Beaches' WWTP should be considered 64.3 percent U&U. The wastewater collection system should be considered 90.5 percent U&U. There appears to be. no excessive infiltration and inflow (I&I), therefore staff is not recommending an adjustment be made to operating expenses for chemicals and purchased power. Issue 3: What is the appropriate average test year rate base for Beaches Sewer Systems, Inc.? Recommendation: The appropriate average test year wastewater rate base for Beaches is $72,658. Issue 4: What is the appropriate return on equity and overall rate of return for Beaches Sewer Systems, Inc.? Recommendation: The appropriate return on equity (ROE) is 11. 16 percent with a range of 10.16 percent to 12.16 percent. The appropriate overall rate of return is 5.34 percent. Issue 5: What are the appropriate test year revenues for Beaches Sewer Systems, Inc.? Recommendation: The appropriate test year revenues for Beaches are $131,256. Issue 6: What is the appropriate amount of operating expense for Beaches Sewer Systems, Inc.? Recommendation: The appropriate amount of operating expense for Beaches is $155,232. -15- P31 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 12**PAA Docket No. 160165 -SU — Application for staff -assisted rate case in Gulf County by ESAD Enterprises, Inc. d/b/a Beaches Sewer Systems, Inc. (Continued from previous page) Issue 7: Should the Commission utilize the operating ratio methodology as an alternative method of calculating the wastewater revenue requirement for Beaches Sewer Systems, Inc., and, if so, what is the appropriate margin? Recommendation: Yes. The Commission should utilize the operating ratio methodology for calculating the revenue requirement for Beaches. The margin should be 7.25 percent of O&M expense. Issue 8: What is the appropriate revenue requirement? Recommendation: The appropriate revenue requirement is $165,232 resulting in an annual increase of $33,976 (25.89 percent). Issue 9: What is the appropriate rate structure and rate for Beaches Sewer Systems, Inc.? Recommendation: Staff recommends a monthly flat rate for residential and general wastewater service of $40.26 per month as shown on Schedule No. 4 of staff's memorandum dated June 29, 2017. The Utility should file revised tariff sheets and a proposed customer notice to reflect the Commission -approved rates. The approved rates should be effective for service rendered or connections made on or after the stamped approval date on the tariff sheets provided customers have received notice, pursuant to Rule 25-30.475, F.A.C. The Utility should provide proof of noticing within 10 days of rendering its approved notice. Issue 10: What are the appropriate miscellaneous service charges for Beaches Sewer Systems, Inc.? Recommendation: The miscellaneous service charges identified in Table 10-4 of staff's memorandum dated June 29, 2017, are appropriate and should be approved. The Utility should file revised tariff sheets and a proposed customer notice to reflect the Commission -approved miscellaneous service charges. The approved charges should be effective for service rendered or connections made on or after the stamped approval date on the tariff sheets provided customers have received notice, pursuant to Rule 25-30.475, F.A.C. The Utility should provide .proof of noticing within 10 days of rendering its approved notice. Issue 11: Should Beaches Sewer Systems, Inc. be authorized to collect Non -Sufficient Funds Charges (NSF)? Recommendation: Yes. Beaches should be authorized to collect NSF charges. The Utility should file revised tariff sheets and a proposed customer notice to reflect the Commission -approved NSF charges. The approved charges should be effective for service rendered on or after the stamped approval date on the tariff sheets provided customers have received notice, pursuant to Rule 25-30.475, F.A.C. The Utility should provide proof of noticing within 10 days of rendering its approved notice. -16- P32 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 12**PAA Docket No. 160165 -SU — Application for staff -assisted rate case in Gulf County by ESAD Enterprises, Inc. d/b/a Beaches Sewer Systems, Inc. . (Continued from previous page) Issue 12: What is the appropriate late payment charge to be implemented by Beaches Sewer Systems, Inc.? Recommendation: The appropriate late payment charge to be implemented by Beaches should be $5.43. The Utility should file revised tariff sheets and a proposed customer notice to reflect the Commission -approved late payment charge. The approved charge should be effective for service rendered on or after the stamped approval date on the tariff sheets provided customers have received notice, pursuant to Rule 25-30.475, F.A.C. The Utility should provide proof of noticing within 10 days of rendering its approved notice. Issue 13: Should Beaches Sewer System's existing service availability charges be revised, and if so, what are the appropriate charges? Recommendation: Yes. Beaches' existing wastewater service availability charges should be revised in part. A main extension charge of $373 per ERC should be approved.. The recommended service availability charge should be based on an estimated 240 gallons per day of treated wastewater. The Utility's existing customer connection and plant capacity charges should be continued. The Utility should file revised tariff sheets and a proposed customer notice. Beaches. should provide notice to property owners who have requested service 12 months prior to the month the application was filed to the present. The approved charges should be effective for connections made on or after the stamped approval date on the tariff sheets. The. Utility should provide proof of noticing within 10 days of rendering its approved notice. Issue 14: Should Beaches Sewer System's guaranteed revenue charge be revised? Recommendation: Yes. Beaches' guaranteed revenue charge should be revised. Staff's recommended guaranteed revenue charge is $11.03 per ERC. The Utility should file revised tariff sheets and a proposed customer notice. Beaches should provide notice to property owners who have requested service 12 months prior to the month the application was filed to the present, as well as all property owners currently paying the guaranteed revenue charge. The approved charge should be effective on or after the stamped approval date on the tariff sheets. The Utility should provide proof of noticing within 10 days of rendering its approved notice. Issue 15: Should the Utility be required to discontinue the collection of Allowance for Funds Prudently Invested (AFPI) for the collection system? Recommendation: Yes. Staff recommends that the Utility should be required to discontinue the collection of AFPI charges for the collection system and the tariff for AFPI should be canceled. -17- P33 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 12**PAA Docket No. 160165 -SU — Application for staff -assisted rate case in Gulf County by ESAD Enterprises, Inc. d/b/a Beaches Sewer Systems, Inc. (Continued from previous page) Issue 16: Should the Commission approve a Phase II increase for pro forma items for Beaches Sewer Systems, Inc.? Recommendation: No. Staff believes that a final decision on the amount of the Phase II revenue requirement and rates should be .made after the Utility has completed the Phase II pro forma projects and the costs have been evaluated. The Utility should complete the pro forma items within 12 months of the issuance of the consummating order. After this period, the Utility should be required to submit within 60 days a copy of the final invoices and cancelled checks for all Phase II pro forma plant and O&M items to staff. If the Utility encounters any unforeseen events that will impede the completion of the pro forma items, the Utility should immediately notify the Commission in writing. Once the required information has been submitted by the Utility and evaluated by staff, a recommendation regarding the appropriate amount of the Phase II revenue requirement and rates should be considered by the Commission. Issue 17: What is the appropriate amount by which rates should be reduced four years after the published effective date to reflect the removal of the amortized rate case expense? Recommendation:. The wastewater rates should be reduced as shown on Schedule No. 4 of staff's memorandum dated June 29, 2017, to remove rate case expense: grossed up for RAFs and amortized over a four-year period. The decrease in rates should become effective immediately following the expiration of the four-year rate case expense recovery period. The Utility should be required to file revised tariffs and a proposed customer notice setting forth the lower rates and the reason for the reduction no later than one month prior to the actual date of the required rate reduction. If Beaches files this reduction in conjunction with a price index or pass-through rate adjustment, separate data should be filed for the price index and/or pass-through increase or decrease and the reduction in the rates due to the amortized rate case expense. -18- P34 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 12**PAA Docket No. 160165 -SU — Application for staff -assisted rate case in Gulf County by ESAD Enterprises, Inc. d/b/a Beaches Sewer Systems, Inc. (Continued from previous page) Issue 18: Should the recommended rates be approved for Beaches Sewer Systems, Inc. on a temporary basis, subject to refund with interest, in the event of a protest filed by a party other than the Utility? Recommendation: Yes. Pursuant to Section 367.0814(7), F.S., the recommended rates should be approved for the Utility on a temporary basis, subject to refund with interest, in the event of a protest filed by a party other than the Utility. Beaches should file revised tariff sheets and a proposed customer notice to reflect the Commission -approved rates. The approved rates should be effective for service rendered on or after the stamped approval date on the tariff sheet, pursuant to Rule 25-30.475(1), F.A.C. In addition, the temporary rates should not be implemented until staff has approved the proposed notice, and the notice has been received by the customers. Prior to implementation of any temporary rates, the Utility should provide appropriate security. If the recommended rates are approved on a temporary basis, the rates collected by the Utility should be subject to the refund provisions discussed in the analysis portion of staff's memorandum dated June 29, 2017. In addition, after the increased rates are in effect, pursuant to Rule 25- 30.360(6), F.A.C., the Utility should file reports with the Commission's Office of Commission Clerk no later than the 20th of each month indicating the monthly and total amount of money subject to refund at the end of the preceding month. The report filed should also .indicate the status of the security being used to guarantee repayment of any potential refund. Issue 19: Should the Utility be required to notify the Commission, in writing, that it has adjusted its books in accordance with the Commission's decision? Recommendation: Yes. The Utility should be required to notify the Commission, in writing, that it has adjusted its books in accordance with the Commission's decision. Beaches should submit a letter within 90 days of the final order in this docket, confirming that the adjustments to all the applicable NARUC USOA primary accounts have been made to the Utility's books and records. In the event the Utility needs additional time to complete the adjustments, notice should be provided within seven days prior to deadline. Upon providing good cause, staff should be given administrative authority to grant an extension of up to 60 days. -19- P35 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 12**PAA Docket No. 160165 -SU — Application for staff -assisted rate case in Gulf County by ESAD Enterprises, Inc. d/b/a Beaches Sewer. Systems, Inc. (Continued from previous page) Issue 20: Should this docket be closed? Recommendation: No. If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, a consummating order should be issued. The docket should remain open for staff's verification that the revised tariff sheets and customer notice have been filed by the Utility and approved by staff, and the Utility has provided staff with proof that the adjustments for all the applicable NARUC USOA primary accounts have been made. Also, the docket should remain open to allow staff to verify that the Phase lI pro forma items have been completed, and the Phase II rates properly implemented. Once these actions are complete, this docket should be closed administratively. -20- P36 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 13** Docket No. 170069 -EI Petition for approval of revised underground residential distribution tariffs, by Duke Energy Florida, LLC. Critical Date(s): 11/30/17 (8 -Month Effective Date) Commissioners Assigned: All Commissioners Prehearing Officer: Administrative Staff: ECO: 011ila . GCL: DuVal Issue 1: Should the Commission approve Duke's proposed URD tariffs and associated charges? Recommendation: Yes, the Commission should approve Duke's proposed URD tariffs and associated charges as shown in Attachment A of staff's memorandum dated June 29, 2017, effective July 13, 2017. Issue 2: Should this docket be closed? Recommendation: If Issue 1 is approved and a protest is filed within 21 days of the issuance of the order, the tariffs should remain in effect, with any revenues held subject to refund, pending resolution of the protest. If no timely protest is filed, this. docket should be closed upon the issuance of a consummating order. -21- P37 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 14** Docket No. 170073 -EI — Petition for approval of revised underground residential distribution tariffs, by Tampa Electric Company. Critical Date(s): 11/30/17 (8 -Month Effective Date) Commissioners Assigned: All Commissioners Prehearing Officer: Administrative Staff. ECO: Rome, Draper GCL: Mapp Issue 1: Should the Commission approve TECO's proposed URD tariffs and associated charges? Recommendation: Yes, the Commission should approve TECO's proposed URD tariffs and other associated charges as shown in Attachment A of staff s memorandum dated June 29, 2017, effective July 13, 2017. . Issue 2: Should this docket be closed? Recommendation: If Issue 1 is approved and a protest is filed within 21 days of the issuance of the order, the tariffs should remain in effect, with any revenues held subject to refund, pending resolution of the protest. If no timely protest is filed, this docket should be closed upon the issuance of a consummating order. -22- P38 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 15** Docket No. 160175 -GU — Petition for review and determination on the project construction and gas transportation agreement between NUI Utilities, Inc. d/b/a City Gas Company of Florida and Florida Crystals Corporation, and approval of an interim service ' arrangement. Critical Date(s): None Commissioners Assigned: All Commissioners Prehearing Officer: Brown Staff. ECO: Guffey, Draper, Rome GCL: DuVal, Crawford (Decision Prior to Hearing) Issue 1: Should the Commission approve the Amended and Restated GTA? Recommendation: Yes, the Commission should approve the Amended and Restated GTA effective July 13, 2017. City Gas should make a refund to Crystals equal to the difference between the temporary rates approved, pursuant to Order No. PSC -16 -0581 - PCO -GU and the final rates for the Extended Term included in the Amended and Restated GTA, as applied and calculated with respect to Crystals' usage of gas transportation service from November 16, 2016, through and including the date on which the Commission's order approving the Amended and Restated GTA becomes final by operation of law. City Gas should make such refund, including interest, either by a direct payment to Crystals or by crediting the full amount of the refund to Crystals' bills for service beginning on the date the Commission order becomes final by operation of law I nd continuing until the full refund amount has been credited to Crystals' bills as the parties jointly requested. As provided in Order No. PSC -16 -0581 -PCO -GU, the amount of interest shall be calculated, pursuant to Rule 25-7.091(4), F.A.C. City Gas and Crystals should file an executed copy of the Amended and Restated GTA with the Commission within 10 days of the issuance of the final order by the Commission. Issue 2: Should this docket be closed? Recommendation: If the Commission approves staff's recommendation in Issue 1, this docket should be closed. If the Commission does not approve staffs recommendation in Issue 1, this docket should remain open to continue the hearing process. -23- P39 Agenda for Commission Conference July 13, 2017 ITEM NO. CASE 16** Docket No. 170110 -GU — Joint petition for approval of modifications to customer deposit tariff sheets, by Florida Public Utilities Company, Florida Public Utilities Company - Fort Meade, Florida Public Utilities Company - Indiantown Division, and Florida Division of Chesapeake Utilities Corporation. Critical Date(s): 07/13/17 (60 -Day suspension date waived by the Companies until 07/13/17 Agenda) Commissioners Assigned: All Commissioners Prehearing Officer:. Administrative Staff: ECO: Guffey . GCL: Brownless Issue 1: Should the Commission approve the Joint Petitioners' proposed tariff modifications? Recommendation: Yes, the Commission should approve the Joint Petitioners' proposed tariff modifications, as reflected in Attachment A of staff's memorandum dated June 29, 2017, effective July 13, 2017. Issue 2: Should this docket be closed? Recommendation: If Issue 1 is approved and a protest is filed within 21 days of the issuance of the order, the tariffs should remain in effect, with any revenues held subject to refund, pending resolution of the protest. If no timely protest is filed, this docket should be closed upon the issuance of a consummating order. -24- P40 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney -7(� Informational Matters - B. CC 07.11.17 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: June 28, 2017 SUBJECT: Economic Development Council Resignation -Vacancy On June 20, 2016, Keith Kite submitted his resignation as the "tourist industry". representative to. the Economic Development Council. Mr. Keith Kite's term expires in January 2021. Anyone interested in serving on the Economic Development Council, and meeting the requirements for the "tourist/industry" representative, will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 1801 27t" Street, Vero Beach, FL 32960. Application forms can be accessed online at www.ircgov.com/boards/committee-applications, or at the Board of County Commissioner's Office. ATTACHMENT(S). • June 20, 2017 - Keith Kite's resignation DR:cm FL4ilonreytChrisliiratCOMMl7TEES1Ge�wralMaliersiBCCAgeirdaMemarV70628Tl c wy-Resigwtion(EDC)-KeithKiie.docr P41 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar 7.0 Fairgrounds Master Plan Public Input Meeting (Part 2 of 2) July 13 @ IRC County Admin. Bldg. B, Conf. Rm B1-501: • 6pm Southern Bully Bash www.southembullybash.org July 15 @ IRC Fairgrounds: I Oam- Quadruple ABKC Show • $20 per person, Kids 12 & under FREE Community Office Hours Event July 20 @ North IRC Library: loam- One on one with Commissioner Susan Adams Adult/Child Championship Golf Tournament www.sandridgege.org July 22 @ Sandridge Golf Club: • 8am Shotgun Start Commissioner O'Bryan's: South County Community Meeting August 7 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan IRC Recycling Event August 12 @ iG Center: • 9am-lpm - Details to come 20th Annual Treasure Coast Father/Son Tournament www.sandridgegc.org August 12-13 @ Sandridge Golf Club: • 8:30 am Shotgun Start • $250 per team P43 71 INFORMATIONAL INDIAN RIVER COUNTY. INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: July 3, 2017 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FLNERO 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 7/3/17: ATTACHED: All Aboard Fl. expenses through 7/3/17 spreadsheet: • : Vero Beach Electric/FPL/FMPA expenses through 7/3/17 spreadsheet. P.44 All Aboard Florida Expenses Indian River County F:\Budget\AII Aboard FL Expenses P45 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 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services- Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 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 $136,146.01 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 -lune 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds F:\Budget\AII Aboard FL Expenses P45 All Aboard Florida Expenses Other Professional Services Indian River County -$3,380.35 50% reimbursement 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 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 $417.50 IRC vs Rogoff Acct#00110214-033190-15023 Other Professional Services 4/28/2017 Martin County 50% reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 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 $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. $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 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $60.07 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P -Dylan Reingold 12/16/2015 Kimberely Graham $9.01.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 F:\Budget\AII Aboard FL Expenses P46 All Aboard Florida Expenses Indian River County 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner . ($5.36) Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 30 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc. $3,125.00 Work Order 10 EIS Subtotal Expenses. FY 13/14 $17,274.00 Total Expenses 16/17 $154,985.23 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 7/3/17 $2,225,889.79 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 $661,031.21 F:\Budget\AII Aboard FL Expenses P47 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman $880.00 $5,462.50 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 $7,821.90 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 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 P48 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 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 Committee mtg $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 P49 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Ili 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 7/3/17 $335,918.87 Budget Authorization Budget 10/1/2016 FY 16/17 Budget $69,789.00 10/1/2015 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 Board Authorized Budget $404,828.00 Remaining Balance $68,909.13 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 354474 06/15/2017 UTIL REFUNDS 73.12 354475 06/15/2017 UTILREFUNDS 27.30 354476 06/15/2017 UTIL REFUNDS 33.4.1 354477 06/15/2017 UTILREFUNDS 12.97 354478 06/15/2017 UTIL REFUNDS 40.13 354479 06/15/2017 UTILREFUNDS 21.80 354480 06/15/2017 UTIL REFUNDS 12.04 354481 06/15/2017 UTIL REFUNDS 35.33 354482 06/15/2017 UTIL REFUNDS 8.68 354483 06/15/2017 UTIL REFUNDS 26.01 354484 06/15/2017 UTIL REFUNDS 35.19 354485 06/15/2017 UTIL REFUNDS 27.80 354486 06/15/2017 UTIL REFUNDS 54.53 354487 06/15/2017 UTILREFUNDS 34.24 354488 06/15/2017 UTILREFUNDS 73.58 354489 06/15/2017 UTIL REFUNDS 35.74 354490 06/15/2017 UTIL REFUNDS 15.16 354491 06/15/2017 UTIL REFUNDS 15.94 354492 06/15/2017 UTIL REFUNDS 33.16 354493 06/15/2017 UTIL REFUNDS 33.53 354494 06/15/2017 UTIL REFUNDS 73.74 354495 06/15/2017 UTILREFUNDS 44.56 354496 06/15/2017 UTILREFUNDS 35.47 354497 06/15/2017 UTILREFUNDS 33.53 354498 06/15/2017 UTILREFUNDS 25.76 354499 06/15/2017 UTIL REFUNDS 6.40 354500 06/15/2017 UTIL REFUNDS 26.14 354501 06/15/2017 UTILREFUNDS 172.41 354502 06/15/2017 UTIL REFUNDS 47.10 354503 06/15/2017 UTILREFUNDS 34.36 354504 06/15/2017 UTIL REFUNDS 55.91 354505 06/15/2017 UTIL REFUNDS 87.00 354506 06/15/2017 UTIL REFUNDS 86.22 354507 06/15/2017 UTILREFUNDS 33.14 354508 06/15/2017 UTIL REFUNDS 65.73 354509 06/15/2017 UTILREFUNDS 74.38 354510 06/15/2017 UTILREFUNDS 48.26 354511 06/15/2017 UTIL REFUNDS 86.22 354512 06/15/2017 UTIL REFUNDS 82.50 354513 06/15/2017 UTILREFUNDS 43.53 354514 06/15/2017 UTILREFUNDS 44.24 354515 06/15/2017 UTIL REFUNDS 58.21 354516 06/15/2017 UTIL REFUNDS 69.08 354517 06/15/2017 UTIL REFUNDS 38.90 354518 06/15/2017 UTIL REFUNDS 42.18 354519 06/15/2017 UTIL REFUNDS 51.82 354520 06/15/2017 UTIL REFUNDS 159.71 354521 06/15/2017 UTIL REFUNDS 22.87 354522 06/15/2017 PORT CONSOLIDATED .INC 49,516.18 354523 06/15/2017 JORDAN MOWER INC 255.08 354524 06/15/2017 TEN -8 FIRE EQUIPMENT INC 1,875.47 354525 06/15/2017 RANGER CONSTRUCTION IND INC 1,307.88 354526 06/15/2017 VERO CHEMICAL DISTRIBUTORS INC 217.95 354527 06/15/2017 PERERS ENTERPRISES INC 12,985.53 354528 06/15/2017 VELDE FORD INC 417.38 354529 06/15/2017 SAFETY PRODUCTS INC 111.76 354530 06/15/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 31.44 354531 06/15/2017 KELLY TRACTOR CO 2,534.59 P52 TRANS NBR DATE VENDOR AMOUNT 354532 06/15/2017 GENES AUTO GLASS INC 260.00 354533 06/15/2017 AMERIGAS EAGLE PROPANE LP 134.00 354534 06/15/2017 LFI FORT PIERCE INC 843.71 354535 06/15/2017 CLIFF BERRY INC 189.70 354536 06/15/2017 HD SUPPLY WATERWORKS, LTD 2,578.97 354537 06/15/2017 BOUND TREE MEDICAL LLC 5,163.61 354538 06/15/2017 VERO FURNITURE MART 10,395.00 354539 06/15/2017 BRISTER SIGNS INC 45.00 354540 06/15/2017 EXPRESS REEL GRINDING INC 3,500.00 354541 06/15/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 3,000.00 354542 06/15/2017 DELL MARKETING LP 12,819.63 354543 06/15/2017 BAKER & TAYLOR INC 4,439.44 354544 06/15/2017 ATKINS NORTH AMERICA INC 18,105.30 354545 06/15/2017 PALM TRUCK CENTERS INC 6,590.07 354546 06/15/2017 PALM TRUCK CENTERS INC 589.39 354547 06/15/2017 PENWORTHY COMPANY 992.04 354548 06/15/2017 GO COASTAL INC 129.75 354549 06/15/2017 SUNSHINE SAFETY COUNCIL INC 1,058.00 354550 06/15%2017 LINDSEY GARDENS LTD 500.00 354551 06/15/2017 CLERK OF CIRCUIT COURT 262.66 354552 06/15/2017 CLERK OF CIRCUIT COURT 2,250.00 354553 06/15/2017 CITY OF VERO BEACH 30,301.63 354554 06/15/2017 CHAPTER 13 TRUSTEE 201.08 354555 06/15/2017 FERGUSON ENTERPRISES INC 25,036.73 354556 06/15/2017 INDIAN RIVER COUNTY SHERIFF 192.50 354557 06/15/2017 TREASURE COAST HOMELESS SERVICES 24,995.00 35455$ 06/15/2017 FLORIDA DEPT OF EDUCATION 164.58 354559 06/15/2017 HUMANE SOCIETY 27,200:00 354560 06/15/2017 PUBLIX SUPERMARKETS ..89.00 354561 06/15/2017 PUBLIX SUPERMARKETS 14.95 354562 06/15/2017 INTERNATIONAL GOLF MAINTENANCE INC 990,00 354563 06/15/2017 GEOSYNTEC CONSULTANTS INC 47,532.68 354564 06/15/2017 FEDERAL EXPRESS CORP 89.14 354565 06/1 Y2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 16,419.39 354566 06/15/2017 FLORIDA RECREATION & PARK ASSOC INC 480.00 354567 06/15/2017 FLORIDA POWER AND LIGI4T 39,607.31 354568 06/15/2017 JAMES GRAY JR 169.29 354569. 06/15/2017 PUBLIC DEFENDER 3,473.46 354570: 06/15/2017 FLORIDA BLUE 1,096.62 354571 06/15/2017 BRE-CLEARWATER OWNER LLC 147.00 354572 06/15/2017 CITY OF FELLSMERE 314.89 354573 06/15/2017 PEACE RIVER ELECTRIC COOP INC 280.27 354574 06/15/2017 NEW HORIZONS OF THE TREASURE COAST 23,931.00 354575 06/15/2017 US KIDS GOLF LLC 77.81 354576 06/15/2017 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,534.09 354577 06/15/2017 STRUNK FUNERAL HOMES & CREMATORY 425.00 354578 06/15/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 11,700:00 354579 06/15/2017 CHANNING BETE CO INC 99.45 354580 06/15/2017 GREY HOUSE PUBLISHING 276.12 354581 06/15/2017 NEXTRAN CORPORATION 128.61 354582 06/15/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 61.66 354583 06/1512017 CHILDRENS HOME SOCIETY OF FL 2,750.00 354584 06/15/2017 PINNACLE GROVE LTD 450.00 354585 06/15/2017 VERO CLUB PARTNERS LTD 225.00 354586 06/15/2017 LELCO FB TALLAHASSEE LLL 204.00 354587 06/15/2017 LELCO FB TALLAHASSEE LLL 204.00 354588 06/15/2017 ATLANTIC AUTO TRIM & GLASS INC 225.00 354589 06/15/2017 BRIDGESTONE AMERICAS INC 676.92 354590 06/15/2017 ECONOLITE CONTROL PRODUCTS INC 93,370.00 354591 06/15/2017 PERKINS COMPOUNDING PHARMACY 34.32 P53 TRANS NBR DATE VENDOR AMOUNT 354592 06/15/2017 CELICO PARTNERSHIP 3,071.89 354593 06/15/2017 ANIXTER INC 151.20 354594 06/15/2017 VAN WAL INC 10.00 354595 06/15/2017 TRAFFIC CONTROL DEVICES INC 61,268.00 354596 06/15/2017 JOSEPH W VASQUEZ 125.00 354597 06/15/2017 DASIE BRIDGEWATER HOPE CENTER INC 4,128.38 354598 06/15/2017 FREDERICK PAUL MAZZA 300.00 354599 06/15/2017 ALAN HILL 66.89 354600 06/15/2017 M T CAUSLEY INC 44,170.00 354601 06/15/2017 OCLC ONLINE COMPUTER LIBRARY CENTER 422.23 354602 06/15/20.17 MBV ENGINEERING INC 5,805.00 354603 06/15/2017 ETR LLC 461,592.00 354604 06/15/2017 STAPLES CONTRACT & COMMERCIAL INC 550.87 354605 06/15/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 262.90 354606 06/15/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 266.47 354607 06/15/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 148.68 354608 06/15/2017 ARDAMAN & ASSOCIATES INC 1,606.50 354609 06/15/2017 PAK MAIL 79.14 354610 06/15/2017 JOHNNY B SMITH 75.00 354611 06/15/2017 MUNICIPAL WATER WORKS INC 19,005.00 354612 06/15/2017 K'S COMMERCIAL CLEANING 1,535.00 354613 06/15/2017 YOUTH GUIDANCE DONATION FUND 1,250.00 354614 06/15/2017 NICOLACE MARKETING INC 1,000.00 354615 06/1.5/2017 EQ THE ENVIRONMENTAL QUALITY COMPANY 22,754.07 354616 06/15/2017 SOUTHEAST POWER SYSTEMS OF ORLANDO 785.00 354617 06/15/2017 ELLIOTT MERRILL COMMUNITY MANAGEMENT 155.15 354618 06/15/2017 HELPING ANIMALS LIVE -OVERCOME 35.00 354619 06/15/2017 DAILY DOSE CAFE 1,163.25 354620 06/15/2017 ACTS RETIREMENT -LIFE COMMUNITIES INC 800.00 354621 06/15/2017 KEMPER BUSINESS SYSTEMS 27.50 354622 06/15/2017 TORRES ELECTRICAL SUPPLY COMPANY INC 1,154.75 354623 06/15/2017 ECMC 254.59 354624 06/15/2017 JANCY PET BURIAL SERVICE INC 102.00 354625 06/15/2017 ALAN JAY CHEVROLET CADILLAC 126,340.20 354626 06/15/2017 MOORE MOTORS INC 204.74 354627 06/15/2017 JOSHUA HARVEY GHIT_ 2.547.43 354628 06/15/2017 REPROGRAPHIC SOLUTIONS INC 31.98 354629 06/15/2017 BRYAN KLASSEN 150.00 354630 06/15/2017 LOWES HOME CENTERS INC 1,843.84 354631 06/15/2017 RIKSARKIVET 282.97 354632 06/15/2017 TREASURE COAST TURF INC 600.00 354633 06/15/2017 PENGUIN RANDOM HOUSE LLC 728.25 354634 06/15/2017 KANSAS STATE BANK OF MANHATTAN 276.80 354635 06/15/2017 STEWART & STEVENSON FDDA LLC 497.60 354636 06/15/2017 SAMBA HOLDINGS INC 4,072.11 354637 .06/15/2017 COLONIAL HEIGHTS ACQUISITION LP 450.00 354638 06/15/2017 FAMILY SUPPORT REGISTRY 156.45 354639 06/15/2017 REI ENGINEERS INC 6,350.00 354640 06/15/2017 NAPIER & ROLLIN PLLC 1,062.50 354641 06/15/2017 BRYAN CAVE LLP 823.50 354642 06/15/2017 LANGHAM CONSULTING SERVICES INC 8,190.00 354643 06/15/2017 FLORIDA PALLET LLC 1,440.00 354644 06/15/2017 RELIANT FIRE SYSTEMS INC 125.00 354645 06/1.5/2017 SWANA FLORIDA SUNSHINE CHAPTER INC 275.00 354646 06/15/2017 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 354647 06/15/2017 SYLIVIA MILLER 396.00 354648 06/15/2017 HAWKINS INC 1,106.35 354649 06/15/2017 THE TRANSIT GROUP INC 21,755.88 354650 06/15/2017 SCRIPPS NP OPERATING LLC 607.19 354651 06/15/2017 RED THE UNIFORM TAILOR 1,517.04 P54 TRANS NBR DATE VENDOR AMOUNT 354652 06/15/2017 GERELCO TRAFFIC CONTROLS INC 697.50 354653 06/15/2017 UNIFIRST CORPORATION 390.09 354654 06/15/2017 TC TOOL SOLUTIONS INC 1,002.79 354655 06/15/2017 SCHUMACHER AUTOMOTIVE DELRAY LLC 221.25 354656 06/15/2017 SITEONE LANDSCAPE SUPPLY LLC 111.14 354657 06/15/2017 HYDROMAX USA LLC 34,847.65 354658 06/15/2017 ADVANCE STORES COMPANY INCORPORATED 242.44 354659 06/15/2017 EGP DOCUMENT SOLUTIONS LLC 266.69 354660 06/15/2017 RUSSELL L O"AlEN I1I 75.00 354661 06/15/2017 PATRICK JAMES ECYCLE LLC 1,050.00 354662 06/15/2017 PEOPLE READY INC 9,942.66 354663 06/15/2017 RAUL E VIVANCO 192.00 354664 06/15/2017 CANARX GROUP INC 11,800.60 354665 06/15/2017 COLE AUTO SUPPLY INC 2,715.52 354666 06/15/2017 KREMEDY LLC 2,088.00 354667 06/15/2017 RON FARMER INC 12,200.00 354668 06/15/2017 DANBRANLEY LLC 390.00 354669 06/15/2017 KONICA MINOLTA BUSINESS SOLUTIONS 432.58 354670 06/15/2017 KIMBERLY RICCIARDONE 290.00 354671 06/15/2017 BETH NOLAN 50.00 354672 06/15/2017 SUPERSAFE LIBRARY SECURITY INC 140.00 354673 06/15/2017 LISA HILL 5.88 354674 06/15/2017 CDC PUBLISHING LLC 150.00 354675 06/15/2017 ALEXANDRA APOSTOLIDES 24.00 354676 06/15/2017 PRODUCTION PEOPLE 150.00 354677 06/15/2017 PRISCILLA DIX 150.00 354678 06/15/2017 BOSS GYM 500.00 354679 06/15/2017 BARTOLOME & BERNARDA MALDONADO 232.50 354680 06/15/2017 WIL CARO 70.00 354681 06/15/2017 SHARON SCHALM 45.00 354682 06/15/2017 UTIL REFUNDS 163.02 354683 06/15/2017 UTIL REFUNDS 2l .28 354684 06/15/2017 UTIL REFUNDS 19.77 354685 06/15/2017 UTIL REFUNDS 84.51 354686 06/15/2017 UTIL REFUNDS 72.43 354687 06/15/2017 UTIL REFUNDS 71.32 354688 06/15/2017 UTIL REFUNDS 68.38 354689 06/15/2017 UTIL REFUNDS 111.43 354690 06/15/2017 UTIL REFUNDS 65.23 354691 06/15/2017 UTIL REFUNDS 62.13 354692 06/15/2017 UTIL REFUNDS 8.43 354693 06/15/2017 UTIL REFUNDS 159.17 354694 06/15/2017 UTIL REFUNDS 40.62 354695 06/15/2017 UTIL REFUNDS 42.60 354696 06/15/2017 UTIL REFUNDS 34.39 354697 06/15/2017 UTIL REFUNDS 76.60 354698 06/15/2017 UTIL REFUNDS 46.44 354699 06/15/2017 UTIL REFUNDS 8.38 354700 06/15/2017 UTIL REFUNDS 20.72 354701 06/15/2017 UTIL REFUNDS 60.26 354702 06/15/2017 UTIL REFUNDS 80:86 354703 06/15/2017 UTIL REFUNDS 78.32 354704 06/15/2017 UTIL REFUNDS 72.43 354705 06/15/2017 UTIL REFUNDS 69.02 354706 06/15/2017 UTIL REFUNDS 32.49 354707 06/15/2017 UTIL REFUNDS 38.34 354708 06/15/2017 UTIL REFUNDS 70.57 354709 06/15/2017 UTIL REFUNDS 32.78 354710 06/15/2017 UTIL REFUNDS 82.50 354711 06/15/2017 UTIL REFUNDS 27.52 4 P55 TRANS NBR DATE VENDO 354712 06/15/2017 UTIL REFUNDS 354713 06/15/2017 UTIL REFUNDS 354714 06/15/2017 UTILREFUNDS 354715 06/15/.20.17 UTIL REFUNDS 354716 06/15/2017 UTILREFUNDS .354717 06/15/2017 UTILREFUNDS 354718 06/15/2017 UTILREFUNDS 354719 06/15/2017 UTIL REFUNDS 354720 06115/2017 UTIL REFUNDS 354721 06/15/2017 UTILREFUNDS 354722 06/15/2017 UTILREFUNDS 354723- 06/15/2017 UTILREFUNDS 354724 06/15/2017 UTILREFUNDS 354725 06/15/2017 UTIL REFUNDS 354726 06/15/2017 UTILREFUNDS 354727 06/15/2017 UTILREFUNDS 354728 06/15/2017 UTILREFUNDS 354729 06/15/2017 UTILREFUNDS 354730 06/15/2017 UTILREFUNDS 354731 06/15/2017 ANITHRA MINUS Grand Total: 1 I� I i i i 5 P56 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011.521 06/09/2017 AT&T 5,092.65 1011522 06/09/2017 OFFICE DEPOT BSD CUSTOMER SVC 794.22 1011523 06/09/2017 COMCAST 104.85 1011524 06/09/2017 BRIDGESTONE GOLF INC 2,635.73 1011525 06/09/2017 T -MOBILE USA INC 344.25 1011526 06/09/2017 WASTE MANAGEMENT INC521.76 1011527 06/13/2017 EVERGLADES FARM EQUIPMENT CO INC 152.70 1011528 06/13/2017 COLD AIR DISTRIBUTORS WAREHOUSE 258.04 1011529 06/13/2017 MIKES GARAGE & WRECKER SERVICE INC 55.00 1011530 06/13/2017 GALLS LLC 445.90 1011531 06/13/2017 GROVE WELDERS INC 35.48 1011532 06/13/2017 SOUTHERN COMPUTER WAREHOUSE 365.87 1011533 06/13/2017 FIRST HOSPITAL LABORATORIES INC 258.00 10.11534 06/13/2017 DLT SOLUTIONS LLC 5.17.80 1011535 06/13/2017 COMMERCIAL ENERGY SPECIALISTS 388.99 1011536 06/13/2017 COMO OIL COMPANY OF FLORIDA 212.10 1011537 06/13/2017 PERKINS INDIAN RIVER PHARMACY 86:60 1011538 06/13/2017 STRYKER SALES CORP 142,526.12 1011539 06/13/2017 MIDWEST MOTOR SUPPLY CO 1,053.26 1011540 06/13/2017 PACE ANALYTICAL SERVICES INC 108.00 1011541 06%13/2017 NEXAIR LLC 81.02 1011542 06/13/2017 COMCAST 104.80 1011543 06/13/2017 WASTE MANAGEMENT INC 4,932.97 Grand Total: 161,076.11 57 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5188 06/09/2017 CDM SMITH INC 52,664.25 5189 06/09/20.17 KIMLEY HORN & ASSOC INC 14,083.00 5190 06/09/2017 VETERANS COUNCIL OF I R C 8,581.58 5191 06/09/2017 INDIAN RIVER COUNTY SHERIFF 20,000.00 5192 06/09/2017 1 R C HEALTH INSURANCE - TRUST 575,737.58 5193 06/09/2017 VEROTOWN LLC 72,574.89 5194 06/09/2017 IRC CHAMBER OF COMMERCE 8,740.97 5195 06/12/2017 MUTUAL OF OMAHA 16,329.28 5196 06/12/2017 CHARD SNYDER & ASSOCIATES INC 282.80 5197 06/12/2017 HEALTH ADVOCATE 1,166.55 5198 06/12/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 18,07092 5199 06/12/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 35,314.65 5200 .06/13/2017 ELECTION SYSTEMS & SOFTWARE LLC 944,858.67, 5201 06/13%2017 SENIOR RESOURCE ASSOCIATION 407,134.86 5202 06/14/2017 ELITE TITLE 20,000.00 5203 06/14/2017 WRIGHT EXPRESS FSC 21,324.68 5204 06/14/2017 IRC CHAMBER OF COMMERCE 20,150.34 5205 06/14/2017 SCHOOL DISTRICT OF I R COUNTY 14,715.67 5206 '06/14/2017 1 R C HEALTH INSURANCE - TRUST 85,365.66 5207 06/15/2017 FLORIDA DEPARTMENT OF REVENUE 3,206.72 5208 06/15/2017 FLORIDA DEPARTMENT OF REVENUE 1,859.68 5209 06/15/2017 FLORIDA DEPARTMENT OF REVENUE 1,247.09 5210 06%15/2017 FLORIDA DEPARTMENT OF REVENUE 12,233.58 5211 06/15/2017 IRS -PAYROLL TAXES 18.,064.10 5212 06/15/2017 MUTUAL OF OMAHA 2,020.00 5213 06/15/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,938.05 5214 06/15/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 6,108.84 5215 06/15/2017 HEALTH ADVOCATE 394.35 5216 06/15/2017 CHARD SNYDER & ASSOCIATES INC 95.60 Grand Total. 2,394,264.36 58 f JEFFREY R. SMITH, CPA, CGFO, CGMA ' �eoua� • Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH; COMPTROLLER DATE: June 22, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS Ii June 16, 2017 to June 22, 2017 In compliance with Chanter 136 nfi_ Flnrida CtafiitPs all nhecirc nna Plactrnn;r „�.,�„P„f� ;ccnnrt CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 354732 06/22/2017 PAUL CARONE 3,869.00 354733 06/22/2017 LINDSEY GARDENS LTD 751.00 354734 06/22/2017 WILLIE C REAGAN 1,350.00 354735 06/22/2017 LARRY STALEY 593.00 354736 06/22/2017 PINNACLE GROVE LTD 1,057.00 354737 06/22/2017 VERO CLUB PARTNERS LTD 2,954.00 354738 06/22/2017 DAVID SPARKS 1,672.00 354739 06/22/2017 THE PALMS AT VERO BEACH 475.00 354740 06/22/20.17 ED SCHLITT LC 2,474.00 354741 06/22/2017 JOHN OLIVIERA 1,432.00 354742 06/22/2017 ARTHUR PRUETT 484.00 354743 06/22/2017 JOSEPH LOZADA 677.00 354744 06/22/2017 MICHAEL JAHOLKOWSKI 547.00 354745 06/22/2017 LUCY B HENDRICKS 573.00 354746 06/22/2017 R MAX OF INDIAN RIVER INC 5,044.00 354747 06/22/2017 SYLVESTER MC INTOSH 365.00 354748 06/22/2017 PAULA WHIDDON 553.00 354749 06/22/2017 JAMES W DAVIS 372.00 354750 06/22/2017 NITA EZELL 609.00 354751 06/22/2017 LINDSEY GARDENS II LTD 616.00 354752 06/22/2017 MISS INC OF THE TREASURE COAST 1,104.00 354753 06/22/2017 DANIEL CORY MARTIN 2,680.00 354754 06/22/2017 CRAIG LOPES 498.00 354755 06/22/2017 PAULA ROGERS & ASSOCIATES INC 601.00 354756 06/22/2017 FIVE STAR PROPERTY HOLDING LLC 847.00 354757 06/22/2017 MARK BAER 3,458.00 354758 06122/2017 ROBERT J GORMAN 504.00 354759 06/22/2017 JUAN CHAVES 700.00 354760 06/22/2017 MELISSA CAM.ARATA 838.00 354761 06/22/2017 INDIANTOWN NON-PROFIT HOUSING INC 670.00 354762 06/22/2017 AUGUSTUS B FORT JR 581.00 354763 06/22/2017 HUMAYUN SHAREEF 963.00 354764 06/22/2017 VERO BEACH PLACE LLC 4,906.00 354765 06/22/2017 WEDGEWOOD RENTALS LLC 615.00 354766 06/22/2017 GNS REAL ESTATE HOLDINGS LLC 1,219.00 354767 06/22/2017 COALITION FOR ATTAINABLE HOMES INC 1,618.00 354768 06/22/2017 HELPING HANDS REAL ESTATE & INVESTMENT CO 2,100.00 354769 06/22/2017 AUX DENAEAU 922.00 354770 06/22/2017 1135 RENTALS LLC 750.00 354771 06/22/2017 STEVEN J BERGAMINO 750.00 354772 06/22/2017 IBIS GARDENS APTS LLC 1,370.00 354773 06/22/2017 BLUE DRAGON MANAGEMENT LLC 1,100.00 354774 06/22/2017 MCLAUGHLIN PROPERTIES LLC 536.00 354775 06/22/2017 HOWARD R BRENNAN 556.00 354776 06/22/2017 NKW PIP HOLDINGS I LLC 3,154.00 354777 06/22/2017 PORT CONSOLIDATED INC 15,060.64 354778 06/22/2017 JORDAN MOWER INC 529.71 354779 06/22/2017 COMMUNICATIONS INTERNATIONAL 2,028.75 354780 06/22/2017 TEN -8 FIRE EQUIPMENT INC 4,508.56 354781 06/22/2017 RANGER CONSTRUCTION IND INC 408.68 354782 06/22/2017 VERO CHEMICAL DISTRIBUTORS INC 585.80 354783 06/22/2017 PERERS ENTERPRISES INC 1,464.13 354784 06/22/2017 RICOH USA INC 146.02 354785 06/22/2017 VELDE FORD INC 366.43 354786 06/22/2017 SAFETY PRODUCTS INC 511.56 354787 06/22/2017 STEWART MATERIALS INC 479.41 354788 06/22/2017 AT&T WIRELESS 2,157.93 354789 06/22/2017 DATA FLOW SYSTEMS INC 3,329.44 P60 TRANS NBR DATE VENDOR AMOUNT 354790 06/22/2017 E-Z BREW COFFEE & BOTTLE WATER SVC 17.48 354791 06/22/2017 GRAINGER 1,256.38 354792 06/22/2017 REPUBLIC SERVICES INC 929,868.65 354793 06/22/2017 MCMASTER CARR SUPPLY CO 69.07 354794 06/22/2017 AMERIGAS EAGLE PROPANE LP 54.57 354795 06/22/2017 AMERIGAS EAGLE PROPANE LP 216.70 354796 06/22/2017 AMERIGAS EAGLE PROPANE LP 218.00 354797 06/22/2017 AMERIGAS EAGLE PROPANE LP 746.01 354798 06/22/2017 AMERIGAS EAGLE PROPANE LP 1,212.00 354799 06/22/2017 AMERIGAS EAGLE PROPANE LP 1,379.66 354800 06/22/2017 HACH CO 496.67 354801 06/22/2017 H B S INC 721.50 354802 06/22/2017 LFI FORT PIERCE INC 1,052.63 354803 06/22/2017 LF] FORT PIERCE INC 1,233.94 354804 06/22/2017 ALLIED ELECTRONICS INC 245.69 354805 06/22/2017 KSM ENGINEERING & TESTING .INC 3,480.00 354806 06/22/2017 HD SUPPLY WATERWORKS, LTD 17,237.74 354807 06/22/2017 VERO INDUSTRIAL SUPPLY INC 245.12 354808 06/22/2017 TIRESOLES OF BROWARD INC 695.92 354809 06/22/2017 BARTH CONSTRUCTION INC 226,309.84 354810 06/22/2017 CARTER ASSOCIATES INC 900.00 354811 06/22/2017 THE GOODYEAR TIRE & RUBBER COMPANY 978.92 354812 06/22/2417 BAKER & TAYLOR INC 438:84 354813 06/22/2017 MIDWEST TAPE LLC 85.97 354814 06/22/2017 K & M ELECTRIC SUPPLY 248.76 354815 06/22/2017 HARRINGTON INDUSTRIAL PLASTICS LLC 1,030.20 354816 06/22/2017 BAKER DISTRIBUTING CO LLC 247.94 354817 06/22/2017 GO COASTAL INC 116.85 354818 06/22/2017 SUNSHINE REHABILATION CENTER OF IRC INC 135.00 354819 06/22/2017 GREENE INVESTMENT PARTNERSHIP LTD 3,713.54 354820 06/22/2017 INDIAN RIVER COUNTY HEALTH DEPT 50,235.75 354821 06/22/2017 MEDICAL EXAMINERS OFFICE 30,915.91 354822 06/22/2017 VICTIM ASSISTANCE PROGRAM 5,633.75 354823 06/22/2017 ROGER J NICOSIA 1;560.00 354824 06/22/2017 CITY OF VERO BEACH 60,485.60 354825 06/22/2017 CITY OF VERO BEACH 2,072.78 354826 06/22/2017 CITY OF VERO BEACH 11,700.00 354827 06/22/2017 STEPHEN WOJTASZEK 60.14 354828 06/22/201.7 FERGUSON ENTERPRISES INC 8,794.00 354829 06/22/2017 JANITORIAL DEPOT OF AMERICA INC 225.00 354830 06/22/2017 TREASURE COAST HOMELESS SERVICES 805.94 354831 06/22/2017 HENRY FISCHER & SONS INC 330.00 354832 06/22/2017 ACUSHNET COMPANY 1,288.08 354833 06/22/2017 STEPHANIE HALL 150.00 354834 06/22/2017 WEST PUBLISHING CORPORATION 395.85 354835 06/22/2017 FEDERAL EXPRESS CORP 114.73 354836 06/22/2017 CITY OF SEBASTIAN 824.33 354837 06/22/2017 TIMOTHY ROSE CONTRACTING INC 748,060.55 354838 06/22/2017 FLORIDA POWER AND LIGHT 13,900.11 354839 06/22/2017 FLORIDA POWER AND LIGHT 2,968.85 354840 06/22/2017 TAYLOR MADE GOLF CO INC 97.61 354841 06/22/2017 STATE ATTORNEY 5,105.04 354842 06/22/2017 STRUNK FUNERAL HOMES & CREMATORY 425.00 354843 06/22/2017 TOCOMA RUBBER STAMP & MARKING SYSTEM 15.79 354844 06/22/2017 TREASURE COAST SPORTS COMMISSION INC 4,659.00 354845 06/22/2017 BUILDING OFFICIALS ASSOC OF FLORIDA 149.00 354846 06/22/2017 CHANNING BETE CO INC 335.50 354847 06/22/2017 CHRISTOPHER S STUCKEY 120.00 354848 06/22/2017 GREY HOUSE PUBLISHING 257.40 354849 06/22/2017 THE FLORIDA BAR 300.00 P61 TRANS NBR DATE VENDOR AMOUNT 354850 06/22/2017 THE FLORIDA BAR 300.00 354851 06/22/2017 DONADIO AND ASSOCIATES ARCHITECTS 2,559.80 354852 06/22/2017 FLORIDA DEPT OF BUSINESS & PROF 1,125.00 354853 06/22/2017 MURRAY BAKER 300.00 354854 06/22/2017 BRIDGESTONE AMERICAS INC 1,317.98 354855 06/22/2017 SY-CON SYSTEMS INC 568.38 354856 06/22/2017 MICHAEL QUIGLEY 420.00 :354857 06/22/2017 ED SCHLITT LC 2,392.00 354858 06/22/2017 RUSSELL PAYNE INC 158.34 354859 06/22/2017 TRANE US INC 1,152.00 354860 06/22/2017 VOLGARINO, CARL L 45.00 354861 06/22/2017 BRIAN BURKEEN 43.95 354862 06/22/2017 FLORIDA RURAL LEGAL SERVICES INC 2,332.83 354863 06/22/2017 ALAN HILL 270.95 354864 06/22/2017 J C RENTALS & INVESTMENTS INC 500.00 354865 06/22/2017 ERIK BANKS HELFRICH 450.00 354866 06/22/2017 STAPLES CONTRACT & COMMERCIAL INC 371.57 354867 06/22/2017 DAVID SILON 120.00 354868 06/22/2017 GARY L EMBREY 25.00 354869 06/22/2017 ORCHID ISLAND PROPERTY MGMT 1I INC 400.00 354870 06/22/2017 D&S ENTERPRISES OF VERO BCH LLC 9.05 354871 06/22/2417 PETER OBRYAN 44.09 354872 06/22/2017 RUSH TRUCK CENTERS OF FLORIDA 141.52 354873 06/22/2017 JOHNNY B SMITH 75.00 354874 06/22/2017 SUMMERLINS MARINE CONST LLC 3,600.00 354875 06/22/2017 GATES HOUSE ENTERPRISES LLC 65.95 354876 06/22/2017 POWER-TEL UTILITY. PRODUCTS INC 310.00 354877 06/22/2017 FLORIDA HOUSING COALITION 200.00 354878 06/22/2017 CRABILL, KAREN 333.79 354879 06/22/201.7 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 750.00 354880 06/22/2017 MICHALKO, JOSEPH R 300.00 354881 06/22/2017 KATHLEEN P DOUGHERTY 370.00 354882 06/22/2017 FLUID CONTROL SPECIALTIES INC 5,142.00 354883 06/22/2017 WINSUPPLY OF VERO BEACH 39.52 354884 06/22/2017 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 199.11 354885 06/22/2017 DAILY DOSE CAFE 1,163.25 354886 06/22/2017 WOERNER DEVELOPMENT INC 488.50 354887 06/22/2017 CLOVERLEAF CORPORATION 492.00 354888 06/22/2017 YOUR AQUA INSTRUCTOR LLC 110.00 354889 06/22/2017 AUTOMATIONDIRECT.COM INC 749.00 . 354890 06/22/2017 SOUTHEASTERN SECURITY CONSULTANTS INC 222.00 354891 06/22/2017 BORRELLI & PARTNERS INC 19,510.00 354892 06/22/2017 HEATHER HATTON 200.00 354893 06/22/2017 MOORE MOTORS INC 1,405.89 354894 06/22/2017 LOWES HOME CENTERS INC 1,819.60 354895 06/22/2017 CARDINAL HEALTH l IQ INC 3,906.75 354896 •06/22/2017 BURNETT LIME CO INC 12,832.40 354897 06/22/2017 SOUT14WIDE INDUSTRIES INC 16,892.46 354898 06/22/2017 O SPORTSWEAR LLC 540.00 354899 06/22/2017 TREASURE COAST TURF INC 225.00 354900 06/22/2017 NICOLE GRAPPO 160.00 354901 06/22/2017 DECKMASTERS LLC 2,577.35 354902 06/22/2017 CHEMTRADE CHEMICALS CORPORTATION 2,275.04 354903 06/22/2017 SOLUTIONZ VIDEO CONFERENCING INC 780.00 354904 06/22/2017 EXTREME GOLF INC 453.00 354905 06/22/2017 LANGHAM CONSULTING SERVICES INC . 2,340.00 354906 06/22/2017 VALAPTS LLC 500.00 354907 06/22/2017 GENERAL TRUCK EQUIPMENT & TRAILER SALES INC 162.25 354908 06/22/2017 C M CRAWFORD ARCHITECT INC 904.24 354909 06/22/2017 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 P62 TRANS NBR DATE VENDOR AMOUNT 354910 06/22/2017 FLORITURF SOD INC 40.00 354911 06/22/2017 KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION 2,509.00 354912 06/22/2017 JOSEPH DIZONNO 125.00 354913 06/22/2017 OASIS PRINTING INC 182.00 354914 06/22/2017 TRIBOND LLC 8,167.44 354915 06/22/2017 UNIFIRST CORPORATION 1,691.81 354916 06/22/2017 STEARNS, CONRAD AND SCHMIDT 3,500.00 354917 06/22/2017 GOTTA GO GREEN ENTERPISES INC 313.06 354918 06/22/2017 ADVANCE STORES COMPANY INCORPORATED 76.37 354919 06/22/2017 DENISE GILLESPIE 110.00 354920 06/22/2017 EGP DOCUMENT SOLUTIONS LLC 547.93 354921 06/22/2017 FLORIDA EAST COAST HOLDINGS CORP 8,725.48 354922 06/22/2017 RUSSELL L OWEN 11I 50.00 354923 06/22/2017 GOOD TIMES INC 364.50 354924 06/22/2017 AC VETERINARY SPECIALTY SERVICES 620.37 354925 06/22/2017 PEOPLE READY INC 10,100.48 354926 06/22/2017 AQSEPTENCE GROUP INC 781.63 354927 06/22/2017 MCCI LLC 19,179.40 354928 06/22/2017 COLE AUTO SUPPLY INC 2,751.57 354929 06/22/2017 VOOTU INC 1,333.43 354930 06/22/2017 ASBRO LLC 4,462.00 354931 06/22/2017 KIMBERLY RICCIARDONE 340.00 354932 06/22/2017 BETH NOLAN 50.00 354933 06/22/2017 WILDFLOWER MEADOWS LLC 1,170.47 354.934 06/22/2017 THOMAS R PILIERO 20.00 354935 06/22/2017 ALEXANDRA APOSTOLIDES 20.00 .354936 06/22/2017 ERIC GAYETSKY 100.00 354937 06/22/2017 GETGOINC 1,188.00 354938 06/22/2017 LAUREN KELLEY 75.00 354939 06/22/2017 BROWARD COUNTY LIBRARY 29.99 354940 06/22/2017 ROSA DUNST 50.00 354941 06/22/2017 PETER MARINI & JENA PURNELL 150.00 .354942 06/22/2017 JAIME GARCIA 200.50 354943 06/22/2017 MARGARET MITCHELL 127.13 354944 06/22/2017 MICHAEL VASQUEZ 117.76 354945 06/22/2017 LADY COMETS INC 500.00 354946 06/22/2017 PLOP JON INC 500.00 354947 06/22/2017 ACCURATE SEPTIC SERVICES INC 3,000.00 354948 :06/22/2017 UTIL REFUNDS 13.62 354949 06/22/2017 UTIL REFUNDS 60.86 354950 06/22/2017 UTIL REFUNDS 62.73 354951 06/22/2017 UTIL REFUNDS 24.98 354952 06/22/2017 UTIL REFUNDS 58.96 354953 06/22/2017 UTIL REFUNDS 121.36 354954 06/22/2017 UTIL REFUNDS 85.42 354955 06/22/2017 UTIL REFUNDS 61.44 354956 06/22/2017 UTIL REFUNDS 87.80 354957 06/22/2017 UTIL REFUNDS 30.02 354958 06/22/2017 UTIL REFUNDS 95.40 354959 06/22/2017 UTIL REFUNDS 74.19 354960 06/22/2017 UTIL REFUNDS 89.86 354961 06/22/2017 UTIL REFUNDS 43.43 354962 06/22/2017 UTILREFUNDS 24.90 354963 06/22/2017 UTIL REFUNDS 48.91 354964 06/22/2017 UTIL REFUNDS 39.86 354965 06/22/2017 UTIL REFUNDS 62.06 354966 06/22/2017 UTIL REFUNDS 69.80 354967 06/22/2017 UTIL REFUNDS 35.88 354968 06/22/2017 UTILREFUNDS 80.86 354969 06/22/2017 UTILREFUNDS 32.82 P63 TRANS NBR DATE VENDOR 354970 06/22/2017 UTILREFUNDS 354971 06/22/2017 UTIL REFUNDS 354972 06/22/2017 UTILREFUNDS 354973 06/22/2017 UTIL REFUNDS 354974 06/22/2017 UTIL REFUNDS 354975 06/22/2017 UTIL REFUNDS 354976 06/22/2017 UTIL REFUNDS 354977 06/22/2017 UTILREFUNDS 354978 06/22/2017 UTILREFUNDS 354979 06/22/2017 UTILREFUNDS 354980 06/22/2017 UTIL REFUNDS 354981 06/22/2017 UTIL REFUNDS 354982 06/22/2017 UTIL REFUNDS 354983 06/22/2017 UTIL REFUNDS 354984 0.6/22/2017 UTILREFUNDS 354985 06/22/2017 UTIL REFUNDS 354986 06/22/2017 UTIL REFUNDS 354987 06/22/2017 UTIL REFUNDS 354988 06/22/2017 UTILREFUNDS 354989 06/22/2017 UTIL REFUNDS 354990 06/22/2017 UTIL REFUNDS 354991 06/22/2017 UTIL REFUNDS 354992 06/22/2017 UTILREFUNDS 354993 06/22/2017 UTIL REFUNDS 354994 06/22/2017 UTIL REFUNDS Grand Total: AMOUNT 70.82 80:45 15:53 7.99 33.14 25.77 56.02 59.53 78.48 6.02 76.12 53.64 69.96 85.42 52.81 40.54 6.82 39.12 39.86 80.98 59.71 11.21 81.48 72.16 77.13 2,411,086.11 5 P64 t y ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5217 06/16/2017 BENEFITS WORKSHOP 5,840.70 ' 5218 06/16/2017 ICMA RETIREMENT CORPORATION 2,410.00 5219 06/16/2017 IRC FIRE FIGHTERS ASSOC 6,870.00 5220 06/16/2017 TEAMSTERS LOCAL UNION #769 5.536.00 5221 06/16/2017 NACOISOUTHEAST 32,272.22 5222 06/16/2017 ICMA RETIREMENT CORPORATION 13,056.58 5223 06/16/2017 FLORIDA LEAGUE OF CITIES, INC 4,236.19 5224 06/16/2017 NACO/SOUTHEAST 1,812.17 5225 06/16/2017 KIMLEY HORN & ASSOC INC 24,650.00 5226 06/16/2017 IRC CHAMBER OF COMMERCE 28,721.16 5227 06/16/2017 SCHOOL DISTRICT OF I R COUNTY 172,148.00 5228 06/16/2017 PATCH REEF TITLE CO 10,000.00 5229 06/16/2017 VETERANS COUNCIL OF I R C 112.60 5230 06/19/2017 IRS -PAYROLL TAXES 541,739.89 5231 06/19/2017 FL SDU 5,562.16 Grand Total: 854,967.67 1 - P65 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011544 06/16/2017 EVERGLADES FARM EQUIPMENT CO INC 648.16 1011545 06/16/201.7 COLKITT SHEET METAL & A/C INC 1,415.00 1011546 06/16/2017 COPYCOINC 333.30 1011547 06/16/2017 NORTH SOUTH SUPPLY INC 125.61 1011548 06/16/2017 COLD AIR DISTRIBUTORS WAREHOUSE 574.75 1011549 06/16/2017 INDIAN RIVER BATTERY 317.00 1011550 06/16/2017 ALLIED UNIVERSAL CORP 2,594.88 1011551 06/16/2017 IRRIGATION CONSULTANTS UNLIMITED INC 121.58 ]01.1552 06/16/2017 GROVE WELDERS INC 4,265.00 1011553 06/16/2017 WIGINTON CORPORATION 1,542:00 1011554 06/16/2017 DEERE & COMPANY 235.73 1011555 06/16/2017 COMMUNITY ASPHALT CORP 282.10 1011556 06/16/2017 HD SUPPLY FACILITIES MAINTENANCE LTD 259.45 1011557 06/1.6/2017 COMO OIL COMPANY OF FLORIDA 227.69 1011558 06/16/2017 COMPLETE ELECTRIC INC 127.50 1011559 06/16/2017 RECHTIEN INTERNATIONAL TRUCKS 104.49 1011560 06/16/2017 FLAGLER CONSTRUCTION EQUIPMENT LLC 1,100.83 101156] 06/16/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 227.06 1011562 06/16/2017 BENNETT AUTO SUPPLY INC 45.93 1011563 06/16/2017 AUTO PARTNERS LLC 60.13 1011564 06/16/2017 HYDRA SERVICE (S) INC 5,998.00 1011565 06/16/2017 WRIGHT FASTENER COMPANY LLC 312.00 1011566 06/16/2017 HORIZON DISTRIBUTORS INC 77.55 1011567 06/16/2017 PACE ANALYTICAL SERVICES INC 6,355.00 1011568 06/16/2017 NEXAIR LLC 295.72 1011569 06/20/2017 AT&T 14,291.03 1011570 06/20/2017 OFFICE DEPOT BSD CUSTOMER SVC 1,138.28 1011571 06/20/2017 WASTE MANAGEMENT INC 901.85 1011572 06/20/2017 COMCAST 84.90 1011573 06/20/2017 POLYDYNE INC 5,014.00 1011574 06/20/2017 WHEELABRATOR RIDGE ENERGY INC 2,244.85 1011575 06/22/2017 EVERGLADES FARM EQUIPMENT CO INC 1,322.4.5 1011576 06/22/2017 HENRY SCHEIN INC 569.80 1.011577 06/22/2017 HELENA CHEMICAL 787.98 1011578 06/22/201.7 COLD AIR DISTRIBUTORS WAREHOUSE 309.98 1011579 06/22/2017 INDIAN RIVER BATTERY 440.90 1011580 06/22/2017 DEMCOINC 169.45 1011581 06/22/2017 MIKES GARAGE & WRECKER SERVICE INC 185.00 1011582 06/22/2017 APPLE INDUSTRIAL SUPPLY CO 491.21 1011583 06/22/201.7 GALLS LLC 230.50 1011584 06/22/2017 MEEKS PLUMBING INC 255.00 1011585 06/22/2017 ALLIED UNIVERSAL CORP 12,814.26 1011586 06/22/2017 IRRIGATION CONSULTANTS UNLIMITED INC 51.50 1011587 06/22/2017 JOHN DEERE COMPANY 20,081.88 1011588 06/22/2017 APPLE MACHINE & SUPPLY CO 306.36 1011589 06/22/2017 COMO OIL COMPANY OF FLORIDA 35.00 1011590 06/22/2017 BARKER ELECTRIC, AIR CONDITIONING 5,250.00 1011591 06/22/2017 MIDWEST MOTOR SUPPLY CO 68.24 1.011592 06/22/2017 RECHTIEN INTERNATIONAL TRUCKS 388.44 1011593 06/22/2017 L&L DISTRIBUTORS 828.33 1011594 06/22/2017 HORIZON DISTRIBUTORS INC 296:33 Grand Total: 96,204.58 i MM JEFFREY R. SMITH, CPA, CGFO, CDMA 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: June 29, 2017 COMpIQO <<� V � A 9y U 4, t� �f4� lF.St SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 23, 2017 to June 29, 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 June 23, 2017 to June 29, 2017. Attachment: DLB: DB P67 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011595 06/23/2017 AT&T 13.81 1011.596 06/23/2017 OFFICE DEPOT BSD CUSTOMER_SVC 284.86 1011597 06/23/2017 WASTE MANAGEMENT INC 2,742.64 1011598 06/23/2017 BRIDGESTONE GOLF INC 249.36 1011599 06/23/2017 PARKS RENTAL & SALES INC 1,301.00 1011600 06/23/2017 COPYCOINC 125.00 1011601 06/23/2017 NORTH SOUTH SUPPLY INC 88.36 1011602 06123/2017 PLAYCORE HOLDINGS INC 3,392.49 1011603 06/23/2017 RECORDED BOOKS LLC 280.20 1011604 06/23/2017 SHRIEVE CHEMICAL CO 4,747.61 1011605 06/23/2017 RECHTIEN INTERNATIONAL TRUCKS 452.62 1011606 06/23/2017 PACE ANALYTICAL SERVICES INC 4,560.00 1011607 06123/2017 FPS OFFICE SOLUTIONS LLC 307.73 1011608 06/27/2017 ROBINSON EQUIPMENT COMPANY INC 896.80 1011609 06/27/2017 SSES INC 64.95 10.11610 06/27/2017 HENRY SCHEIN INC 585.75 1011611 06/27/2017 NORTH SOUTH SUPPLY INC 4.68 1011612 06/27/2017 SUB AQUATICS INC 172.85 1011613 06/27/2017 INDIAN RIVER BATTERY 646.35 1011614 06/27/2017 INDIAN RIVER OXYGEN INC 128.50 1011615 06/27/2017 MIKES GARAGE & WRECKER SERVICE INC 205.00 1011616 06/27/2017 DAVES SPORTING GOODS & TROPHIES 610.00 1011617 06/27/2017 APPLE INDUSTRIAL SUPPLY CO 308.64 1011618 06/27/2017 ALLIED UNIVERSAL CORP 25,577.52 1011619 06/27/2017 NEWMANS POWER SYSTEMS 671.39 1011620 06/27/2017 GROVE WELDERS INC 28.50 1011621 06/27/2017 SOUTHERN COMPUTER WAREHOUSE 6,866.17 1011622 06/27/2017 COMMUNITY ASPHALT CORP 0.00 1011623 06/27/2017 APPLE MACHINE & SUPPLY CO 150.00 1011624 06/27/2017 COMMERCIAL ENERGY SPECIALISTS 213.05 1011625 06/27/2017 TOTAL TRUCK PARTS INC 127.20 1011626 06/27/2017 COMO OIL COMPANY OF FLORIDA 35.00 101162.7 06/27/2017 COMPLETE ELECTRIC INC 127.50 1011628 06/27/2017 MIDWEST MOTOR SUPPLY CO 128.19 1011629 06/27/2017 RECHTIEN INTERNATIONAL TRUCKS 330.18 1011630 06/27/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 6.89 1011631 06/27/2017 L&L DISTRIBUTORS 527.04 1011632 06/27/2017 HYDRA SERVICE (S) INC 2,804.61 1011633 06/27/2017 PACE ANALYTICAL SERVICES INC 216.00 1011634 06/27/2017 NEXAIR LLC 779.68 1011635 06/29/2017 AT&T 1,468.25 1011636 06/29/2017 OFFICE DEPOT BSD CUSTOMER SVC 1,578.44 1011637 06/29/2017 COMCAST 5.99 Grand Total: 63,810.80 68 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 354995 06/29/2017 UTIL REFUNDS 69.80 354996 06/29/2017 UTILREFUNDS 6.37 354997 06/29/2017 UTIL REFUNDS 634.33 354998 06/29/2017 UTIL REFUNDS 84.19 354999 06/29/2017 UTIL REFUNDS 34.38 355000 06/29/2017 UTILREFUNDS 44.80 355001 66/29/2017 UTIL REFUNDS 15.36 355002 06/29/2017 UTILREFUNDS 49.61 355003 06/29/2017 UTIL REFUNDS 24.44 355004 06/29/2017 UTIL REFUNDS 39.32 355005 06/29/2017 UTIL REFUNDS 24.78 355006 06/29/2017 UTILREFUNDS 44.03 355007 06/29/2017 UTILREFUNDS 40.47 355008 06/29/2017 UTIL REFUNDS 54.35 355009 06/29/2017 UTILREFUNDS 1.80 355010 06/29/2017 UTIL REFUNDS 38.20 355011 06/29/2017 UTIL REFUNDS 42.89 355012 009/2017 UTIL REFUNDS 21.14 355013 06/29/2017 UTIL REFUNDS 33.14 355014 06/29/2017 UTILREFUNDS 26.79 355015 06/29/2017 UTIL REFUNDS 278.09 355016 06/29/2017 UTIL REFUNDS 3.25 355017 06/29/2017 UTIL REFUNDS 21.56 355018 06/29/2017 UTIL REFUNDS 80.45 355019 06/29/2017 UTILREFUNDS 11.63 355020 06/29/2017 UTIL REFUNDS 46.02 355021 06/29/2017 UTILREFUNDS 39.47 355022 06/29/2017 UTIL REFUNDS 61.12 355023 06/29/2017 UTIL REFUNDS 34.35 355024 06/29/2017 UTILREFUNDS 35.19 355025 06/29/2017 UTILREFUNDS 83.18 355026 06/29/2017 UTIL REFUNDS 49.08 355027 06/29/2017 UTILREFUNDS 82.28 355028 06/29/2017 UTILREFUNDS 65.23 355029 06/29/2017 UTIL REFUNDS 36.46 355030 06/29/2017 UTILREFUNDS l 25.27 355031 06/29/2017 UTILREFUNDS 60.60 355032 06/29/2017 UTIL REFUNDS 39.93 355033 06/29/2017 UTILREFUNDS 42.75 355034 06/29/2017 UTILREFUNDS 42.36 355035 06/29/2017 UTILREFUNDS 72.85 355036 06/29/2017 UTILREFUNDS 21.68 355037 06/29/2017 UTIL REFUNDS 32.40 355038 06/29/2017 UTILREFUNDS 33.27 355039 06/29/2017 UTIL REFUNDS 39.04 355040 0.6/29/2017 UTILREFUNDS 35.03 355041 06/29/2017 UTIL REFUNDS 20A0 355042 06/29/2017 COASTAL DOORS INC 185.00 355043 06/29/2017 PORT CONSOLIDATED INC 46,350.94 355044 06/29/2017 GUARDIAN EQUIPMENT INC 458.00 355045 06/29/2017 JORDAN MOWER INC 816.56 355046 06/29/2017 TEN -8 FIRE EQUIPMENT INC 57,996.90 355047 06/29/2017 RANGER CONSTRUCTION IND INC 580.72 355048 06/29/2017 VERO CHEMICAL DISTRIBUTORS INC 1,502.95 355049 06/29/2017 RICOH USA INC 109.89 355050 06/29/2017 ALARM PARTNERS 134.70 355051 06/29/2017 CHISHOLM CORP OF VERO 163.92 355052 06/29/2017 VELDE FORD INC 422.66 TRANS NBR DATE VENDOR AMOUNT 355053 06/29/2017 SAFETY PRODUCTS INC 1,476.62 355054 06/29/2017 AT&T WIRELESS 700.21 355055 06/29/2017 DELTA SUPPLY CO 1,195.22 355056 06/29/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 94.40 355057 06/29/2017 KELLY TRACTOR CO 1,688.62 355058 06/29/2017 SAFETY K.LEEN SYSTEMS INC 335.39 355059 06/29/2017 GRAYBAR ELECTRIC 96.69 355060 06/29/2017 REPUBLIC SERVICES INC 325.89 355061 06/29/2017 MY RECEPTIONIST INC 318.78 355062 06/29/2017 AMERIGAS EAGLE PROPANE LP 220.03 355063 06/29/2017 AMERIGAS EAGLE PROPANE LP 1,222.81 355064 06/29/2017 GAYLORD BROTHERS INC 134.70 355065 06/29/2017 HACH CO 477.35 355,066 06/29/2017 LFI FORT PIERCE INC 1,116.99 355067 06/29/2017 CLIFF BERRY INC 690.90 355068 06/29/2017 PHYSIO CONTROL INC 2,256.75 355069 06/29/2017 DEEP SIX DIVE SHOP INC 77.59 355070 06/29/2017 PATTERSON POPE INC 546.61 35.5071 06/29/2017 HD SUPPLY WATERWORKS, LTD 8,304.10 355072 06/29/2017 BOUND TREE MEDICAL LLC 2,257.28 355073 06/29/2017 PETES CONCRETE 850.00 355074 06/29/2017 VERO INDUSTRIAL SUPPLY INC 863.33. 355075 06/29/2017 TI.RESOLES OF BROWARD INC 3,846.19 355076 06/29/2017 MOTION INDUSTRIES INC 643.19 355077 06/29/2017 BARTH CONSTRUCTION INC 1,037.00 355078 06/29/2017 AMERICAN WATER CHEMICALS INC 16,830.00 355079 06/29/2017 CARTER ASSOCIATES INC 5,985.00 355080 06/29/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 2,000.00 355081 06/29/2017 THE GOODYEAR TIRE & RUBBER COMPANY 1,409.16 355082 06/29/2017 BAKER & TAYLOR INC 1,977.69 355083 06/29/2017 PRIZE POSSESSIONS 786.14 355084 06/29/2017 MICROM.ARKETING LLC 330.44 355085 06/29/2017 K & M ELECTRIC SUPPLY 27.90 355086 06/29/2017 BAKER DISTRIBUTING CO LLC 118.41 355087 06/29/2017 ATKINS NORTH AMERICA INC 225.00 355088 06/29/2017 CENGAGE LEARNING INC 1,018.84 355089 06/29/2017 PALM TRUCK CENTERS INC 54.60 355090 06/29/2017 SUNSHINE SAFETY COUNCIL INC 3,300.00 355091 06/29/2017 COMMUNITY ASPHALT CORP 148,114.43 355092 06/29/2017 PST SERVICES INC 33,04397 355093 06/29/2017 CLERK OF CIRCUIT COURT 119.00 355094 06/29/2017 CLERK OF CIRCUIT COURT 1,88695 355095 06/29/2017 INDIAN RIVER COUNTY HEALTH DEPT 677.64 355096 06/29/2017 CITY OF VERO BEACH 8,144.46 355097 06/29/2017 STEPHEN WOJTASZEK 38.64 355098 06/29/2017 CDM SMITH INC 2,450.00 355099 06/29/2017 UNITED WAY OF INDIAN RIVER COUNTY 844.00 355100 06/29/2017 INDIAN RIVER ALL FAB INC 2,437.28 355101 06/29/20.17 UNITED PARCEL SERVICE INC 33.00 355102 06/29/2017 FERGUSON ENTERPRISES INC 36,886.33 355103 06/29/2017 UNITED STATES POSTAL SERVICE 20,000.00 355104 06/29/2017 JANITORIAL DEPOT OF AMERICA INC 525.59 3.55105 06/29/2017 FLORIDA DEPT OF EDUCATION 204.04 355106 06/29/2017 PERCONTI DATA SYSTEMS INC 3,000.00 355107 06/29/2017 PUBLIX SUPERMARKETS 65.30 355108 06/29/2017 INTERNATIONAL GOLF MAINTENANCE INC 88;148.43 355109 06/29/2017 DEANGELO BROTHERS INC 463.50 355110 06/29/2017 EXCHANGE CLUB CASTLE 12,338.61 355111 06/29/2017 MUNICIPAL CODE CORPORATION 591.59 355112 06/29/2017 ELIZABETH MARTIN 122.01 P70 TRANS NBR DATE VENDOR AMOUNT 355113 06/29/2017 TIMOTHY ROSE CONTRACTING INC 32,280.51 355114 06/2912017 FLORIDA POWER AND LIGHT 110,043.76 35511.5 06/29/2017 FLORIDA POWER AND LIGHT 724.04 355116 06/29/2017 HOLIDAY INN 178.00 355117 06/29/2017 STATE ATTORNEY 6,567.94 355118 06/29/2017 WASTE MANAGEMENT INC 183,218.01 355119 06/29/2017 HOLDEN KRISS 489.40 355120 06/29/2017 MEDICARE PART B FINANCIAL SERVICES 831.38 355121 06/29/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 25.00 355122 06/29/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 355123 06/29/2017 CHANNING BETE CO INC 22.95 355124 06/29/2017 BE SAFE SECURITY ALARMS INC 270.00 355125 06/29/2017 GREY HOUSE PUBLISHING 148.50 355126 06/29/2017 UNIVERSITY OF FLORIDA 495.00 355127 06/29/2017 PITNEY BOWES INC 201.00 355128 06/29/2017 NEXTRAN CORPORATION 172.90 355129 06/29/2017 ARNOLD AIR CONDITONING INC 2,210.00 355130 06/29/2017 G K ENVIRONMENTAL INC 220.00 355131 06/29/2017 THE FLORIDA BAR 300.00 355132 06/29/2017 THE FLORIDA BAR 305.00 355133 06/29/2017 FL ASSOC OF PUBLIC PURCHASING OFFICERS INC 120.00 355134 06/29/2017 NIGP 270.00 355135 06/29/2017 JEFFREY L VOEGELE 170.00 355136 06/29/2017 VORTECH PHARMACEUTICALS LTD 280.00 355137 06/29/2017 ELXSI INC 482.61 355138 06/29/2017 HUMANA 190.31 355139 06/29/2017 STAN BOLING 435.00 355140 06/29/2017 MURRAY BAKER 130.00 355141 06/29/2017 BRIDGESTONE AMERICAS INC 931.20 355142 06/29/2017 ED SCHLITT LC 500.00 355143 06/29/2017 GLOBAL EQUIPMENT CO INC 420.49 355144 06/29/2017 RUSSELL PAYNE INC 339.36 355145 06/29/2017 SCOTT MCADAM 56.00 355146 06/29/2017 CELICO PARTNERSHIP 491.04 355147 06/29/2017 VAN WAL INC 515.00 355148 06/29/2017 CHAMPVA CENTER 184.78 355149 06/29/2017 BIG BROTHERS AND BIG SISTERS 1,250.00 355150 06/29/2017 BIG BROTHERS AND BIG SISTERS 3,270.24 355151 06/29/2017 UNITED RENTALS NORTH AMERICA INC 2,083.00 355152 06/29/2017 MBV ENGINEERING INC 5,000.00 355153 06/29/2017 CENTRAL PUMP & SUPPLY INC 84.52 355154 06/29/2017 ETR LLC 2,317.61 355155 06/29/2017 STAPLES CONTRACT & COMMERCIAL INC 198.76 355156 06/29/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 267.77 355157 06/29/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 271.40 355158 06/29/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 151.43 355159 06/29/2017 GHOLAMREZA TORKAMAN 500.00 355160 06/29/2017 STRICKLAND, BRIAN D & ERIN 95.00 355161 06/29/2017 MICHAEL W EIRLS 2,600.00 355162 06/29/2017 RUSH TRUCK CENTERS OF FLORIDA 403.62 355163 06/29/2017 TERRY LARREMORE 107.00 355164 06/29/2017 FISHER & PHILLIPS LLP 662.50 355165 06/29/2017 DYNAMIC AIR QUALITY & COOLING INC 12,583.00 355166 06/29/2017 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 250.00 355167 06/29/2017 GEORGE MARTIN 95.18 355168 06/29/2017 LIGON, KIMBERLY 85.00 355169 06/29/2017 KATHLEEN P DOUGHERTY 130.00 355170 06/29/2017 RENAE CHANDLER 120.00 355171 06/29/2017 FLUID CONTROL SPECIALTIES INC 445.00 355172 06/29/2017 TREASURE COAST FOOD BANK INC 186.26 P71 TRANS NBR DATE VENDOR AMOUNT 355173 06/29/2017 K'S COMMERCIAL CLEANING 998.89 355174 06/29/2017 NICOLACE MARKETING INC 3,551.09 355175 06/29/2017 SOUTHEAST POWER SYSTEMS OF ORLANDO 861.25 355176 06/29/2017 HMA-SOLANTIC JOINT VENTURE LLC DBA 21.5.00 355177 06/29/2017 LARIAT ENTERPRISES INC 90.00 355178 06/29/2017 BRENNTAG MID -SOUTH INC 7,393.32 355179 06/29/2017 BRANDIT CORPORATION 514.00 355180 06/29/2017 WOERNER DEVELOPMENT INC 473.50 355181 06/29/2017 ECMC 252.90 355182 06/29/2017 YOUR AQUA INSTRUCTOR LLC 180.00 35.5183 06/29/2017 COMMUNICATIONS LABORATORIES INC 3,485.15 355184 06/29/2017 ALAN JAY CHEVROLET CADILLAC 82,117.00 355185 06/29/2017 HEATHER HATTON 110.00 355186 06/29/2017 MOORE MOTORS INC 128.18 355187 06/29/2017 NEWSOM OIL COMPANY 1,064.43 355188 06/29/2017 TIM ZORC 103.16 355189 06/29/2017 LOWES HOME CENTERS INC 2,312.62 355190 06/29/2017 GAUDET ASSOCIATES INC 620.00 355191 06/29/2017 GAUDET ASSOCIATES INC 740.00 355192 06/29/2017 PPG ARCHITECTURAL FINISHES INC 175.07 355193 06/29/2017 BURNETT LIME CO INC 6,385.40 355194 06/29/2017 LEARNING ALLIANCE 7,695.82 355195 06/29/2017 O SPORTSWEAR LLC 712.50 355196 06/29/2017 PENGUIN RANDOM HOUSE LLC 1,750.20 355197 06/29/2017 NICOLE GRAPPO 84.00 355198 06/29/2017 DECKMASTERS LLC 922.65 355199 06/29/2017 CHARLOTTE CLAAR 546.36 355200 06/29/2017 KANSAS STATE BANK OF MANHATTAN 890.57 355201 06/29/2017 C E R SIGNATURE CLEANING 850.00 355202 06/29/2017 ALEXIS PERALTA 22.09 355203 06/29/2017 RYAN HERCO PRODUCTS CORP 223.24 355204 06/29/2017 DYLAN REINGOLD 160.20 355205 06/29/2017 KATE P COINER 60.07 355206 06/29/2017 GATOR BUILDING SUPPLY INC 976.90 355207 06/29/2017 FAMILY SUPPORT REGISTRY 156.45 355208 06/29/2017 MONA MOSHKI FEDERICI 40.00 355209 06/29/2017 FORTILINE INC 695.00 355210 06/29/2017 BERNARD EGAN & COMPANY 3,508.35 355211. 06/29/2017 SYLIVIA MILLER 2,091.00 355212 06/29/2017 HAWKINS INC 580.00 355213 06/29/2017 FLORITURF SOD INC 120.00 355214 06/29/2017 ENCORE ONE LLC 4,935.91 355215 06/29/2017 ESI ACQUISITION INC 12,811.40 355216 06/29/2017 EXTREME ANIMALS 250.00 3552.17 06/29/2017 SCRIPPS NP OPERATING LLC 1,762.89 355218 06/29/2017 RED THE UNIFORM TAILOR 6,708.82 355219 06/29/2017 CATHEDRAL CORPORATION 1,362.98 355220 06/29/2017 GERELCO TRAFFIC CONTROLS INC 14,455.70 355221 06/29/2017 MOCAVO INC 995.00 355222 06/29/2017 UNIFIRST.CORPORATION 1,523.67 355223 06/29/2017 HYDROMAX USA LLC 19,270.00 355224 06/29/2017 ADVANCE STORES COMPANY INCORPORATED 853.34 355225 06/29/2017 KFM CONSULTING INC 282.97 355226 06/29/2017 EGP DOCUMENT SOLUTIONS LLC 112.31 355227 06/29/2017 STEVES FROZEN CHILLERS OF FLORIDA SPACE COAS' 705.00 355228 06/29/2017 HENRY AYALA 107.00 355229 06/29/2417 NWI RECYCLING INC 11,523.78 355230 06/29/2017 AC VETERINARY SPECIALTY SERVICES 1,017.31 355231 06/29/2017 ALL WEBBS ENTERPRISES INC 105,435.00 355232 06/29/2017 BLACKSIDE TACTICAL INC 2,161.60 4 P72 TRANS NBR DATE VENDOR AMOUNT 355233 06/29/2017 MAT14ESON TRI -GAS INC 15,457.65 355234 06/29/2017 PEOPLE READY INC 10,707.48 355235 06/29/2017 RAUL E VIVANCO 192.00 355236 06/29/2017 COLE AUTO SUPPLY INC 2,199.61 355237 06/29/2017 GEOTECH ENVIRONMENTAL EQUIPMENT INC 995.00 355238 06/29/2017 MARISAALEXANDER 24.00 355239 06/29/2017 FORERUNNER TECHNOLOGIES INC 930.00 355240 06/29/2017 ZACHRY INDUSTRIAL. INC 150.00 355241 06/29/2017 YSIINC 10,270.00 355242 06/29/2017 ALLAN D KELLERMAN 8,182.00 355243 06/29/2017 BRIGHT WHITE PAPER CO 4,169.29 355244 06/29/2017 ALEXANDRA APOSTOLIDES 12.00 355245 06/29/2017 LORRAINE LARUSSO 10.00 355246 06/29/2017 LUKE LEELUM . 60.00 355247 06/29/2017 PITCH SAFE INC 1,188.00 355248 06/29/2017 ALEX LITTLE 107.00 355,249 06/29/2017 SHERI JAMES 53.50 355250 06/29/2017 JAMI MARRERO 25.00 355251 06/29/2017 LOUIS S GRAHAM 177.09 355252 06/29/2017 MARIAN E DURBIN 468.40 355253 06/29/2017 BETTYE J ALEXANDER 250.00 355254 06/29/2017 ADRIENNE PERRY 85.00 355255 06/29/2017 DANA SMITH 85.00 355256 06/29/2017 CARMEN PONCE 322.13 355257 06/29/2017 THOMAS N SCHUCH 20.00 355258 06/29/2017 ROBERT SHREFFLER 62.99 355259 06/29/2017 PATRICIA B SOWELL 89.18 355260 06/29/2017 SARAH KELLY 70.00 355261 06/29/2017 JOAN KASER 95.00 355262 06/29/2017 SHAWN BAGLEY 53.50 355263 06/29/2017 JULIO FLORES 6.54 355264 06/29/2017 SAKKARA HART 150.00 355265 06/29/2017 USLINE HIGHTOWER 77.13 355266 06/29/2017 UTIL REFUNDS 57.49 355267 06/29/2017 UTIL REFUNDS 65.39 355268 06/29/2017 UTIL REFUNDS 68.06 355269 06/29/2017 UTIL REFUNDS 75.32 355270 06/29/2017. UTIL REFUNDS 75.11 355271 06/29/2017 UTIL REFUNDS 52.91 355272 06/29/2017 UTIL REFUNDS 69.18 355273 06/29/2017 UTIL REFUNDS 158.21 355274 06/29/2017 UTIL REFUNDS 44.52 355275 06/29/2017 UTILREFUNDS 31.00 355276 06/29/2017 UTIL REFUNDS 113.57 355277 06/29/2017 UTIL REFUNDS 25.57 355278 06/29/2017 UTIL REFUNDS 80.69 355279 06/29/2017 UTIL REFUNDS 48.96 355280 06/29/2017 UTIL REFUNDS 29.37 355281 06/29/2017 UTIL REFUNDS 74.38 355282 06/29/2017 UTIL REFUNDS 30.26 355283 06/29/2017 UTILREFUNDS 20.24 355284 06/29/2017 UTIL REFUNDS 52.76 355285 06/29/2017 UTIL REFUNDS 13.93 355286 06/29/2017 UTIL REFUNDS 29.71 355287 06/29/2017 UTIL REFUNDS 36.71 355288 06/29/2017 UTIL REFUNDS 29.72 355289 06/29/2017 UTIL REFUNDS 48.44 355290 06/29/2017 UTIL REFUNDS 73.74 355291 06/29/2017 UTIL. REFUNDS 33.60 355292 06/29/2017 UTIL REFUNDS 32.93 P73 TRANS NBR DATE VENDOR AMOUNT 355293 06129/2017 UTIL REFUNDS 86.22 355294 06/29/2017 UTIL REFUNDS 92.53 355295 06/29/2017 UTIL REFUNDS 3,8.49 355296 06/2912017 UTIL REFUNDS 69.96 355297 06/29/2017 UTILREFUNDS 40.54 355298 06/29/2017 UTIL REFUNDS 21.68 355299 06/29/2017 UTIL REFUNDS 74.70 355300 06/29!2017 UTIL REFUNDS 59.00 355301 06/29/2017. UTIL REFUNDS 50.24 355302 06/29/2017 UTIL REFUNDS 11.69 355303 06/29/2017 UTIL REFUNDS 28.61 355304 06/29/2017. UTIL REFUNDS 26.51 355305 06/29/2017 UTIL REFUNDS 58.12 355306 06/29!20:17 UTIL REFUNDS 66.96 355307 06/29/2017 UTIL REFUNDS 55.12 355308 06/29/2017 UTIL REFUNDS 30.71 355309 06/29/2017 UTIL REFUNDS 73.12 355310 06/29/2017 UTIL REFUNDS 324.20 355311 06/29/2017 UTIL REFUNDS 88.63 355312 06/29/2017 UTIL REFUNDS 92.24 355313 .06/29/101-7 UTIL REFUNDS 66.74 Grand Total: 1,294,349.74 6 i E ELECTRONIC PAYMENTS - WIRE & ACH j TRANS NBR DATE VENDOR AMOUNT 5232 06/23/2017 IRC CHAMBER OF COMMERCE 11,132.95 5233 0:6/23/2017 IRC CHAMBER OF COMMERCE 9,582.08 j 5234 06/27%2017 C E R SIGNATURE CLEANING 20,410.00 5235. 06/28/2017 1 R C HEALTH INSURANCE - TRUST 577,509.84 Grand Total: M 6181634.87 i I f I i I I I 1 t 75 INDIAN RIVER COUNTY MEMORANDUM To: Jason Brown County Administrator From: Suzanne Boyll'st" " Human Resources Director Date: June 30, 2017 Subject: Approval of Administrative Policies AM -702.2 Family and Medical Leave (FMLA), AM -701.1 Attendance and Punctuality, AM -301.3 Overtime, AM -301.1 Payroll/Salary Administration, and AM -501.1 Disclosure of Benefits Background AM -702.2 - The Family and Medical Leave Act of 1993 (FMLA) is a federal law that provides eligible employees with job protected leave when they need to take leave for specified family and medical reasons. The FMLA is enforced by the Department of Labor. The proposed policy is a new policy which identifies the circumstances that qualify for FMLA, establishes how the County will comply with the Act, and communicates what is needed from an employee when the employee will be absent due to a FMLA qualifying reason. Following approval of this policy, employees will be notified of the new policy and Human Resources will conduct training to orient managers, supervisors and other key personnel in procedures that need to be followed to comply with the FMLA and this policy. AM -701.1 — The Attendance and Punctuality policy has been updated to include clear expectations regarding attendance, work schedules and absences from work to include FMLA absences. AM-301.3—The Overtime policy has been updated to clearly define that overtime is time worked above the standard work week schedule, define that there is straight time overtime as well as time and one-half overtime paid (37.5 hour work schedule), and include paid emergency leave (hurricane pay) as time worked in the calculation of overtime. These changes are recommended based on feedback from FEMA following Hurricane Matthew to incorporate how we calculate payroll when there is a declared emergency and paid emergency leave is provided. AM -301.1- The Payroll/Salary Administration policy has been updated to reflect the current play plan classes. AM -501.1 - The Disclosure of Benefits policy has been updated to reflect current employee benefits. P76 POLICY: The Family and Medical Leave Act of 1993 (FMLA) is a federal law that provides eligible employees with job protected leave when they need to take leave for specified family and medical reasons. It is the policy of Indian River County to comply with the provisions of FMLA by granting eligible employees leave for the reasons outlined below. Leave in accordance with FMLA is paid if the employee has sufficient sick or vacation leave balance or unpaid if all leave balances have been depleted. Use of paid leave must comply with applicable use of leave policies. Family and Medical Leave will run concurrently with an employee's paid leave time or other form of unpaid leave for absences permitted under FMLA and consistent with County policies. It is the responsibility of every employee to read and understand this Policy. Questions should be referred to the Human Resources Department. In the event of a conflict between this Policy and the FMLA or the applicable FMLA regulation, the FMLA or FMLA regulations will govern. CIRCUMSTANCES THAT QUALIFY FOR FMLA.- For MLA: For eligible employees, up to 12 workweeks of FMLA leave is available for one or more of the following purposes: • The birth of a son or daughter or placement of a son or daughter with the employee for adoption or.foster care, and to bond with the newborn or newly -placed child; • To care for a spouse, son, daughter, or parent who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care; • For a serious health condition that makes the employee unable to perform the essential function of his or her job, including incapacity due to pregnancy and for prenatal medical care; or • For any qualifying exigency arising out of the fact that a spouse, son; daughter, or parent is a military member on covered active duty or call to covered active duty status. WHAT IS A SERIOUS HEALTH CONDITION? A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. The FMLA does not apply to routine medical examinations, such as a physical, or to common medical conditions, such as an upset stomach, unless complications develop. P78 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.2 7/11/2017 SUBJECT PAGE MANUAL FAMILY AND MEDICAL LEAVE FMLA 1 of 7 The Family and Medical Leave Act of 1993 (FMLA) is a federal law that provides eligible employees with job protected leave when they need to take leave for specified family and medical reasons. It is the policy of Indian River County to comply with the provisions of FMLA by granting eligible employees leave for the reasons outlined below. Leave in accordance with FMLA is paid if the employee has sufficient sick or vacation leave balance or unpaid if all leave balances have been depleted. Use of paid leave must comply with applicable use of leave policies. Family and Medical Leave will run concurrently with an employee's paid leave time or other form of unpaid leave for absences permitted under FMLA and consistent with County policies. It is the responsibility of every employee to read and understand this Policy. Questions should be referred to the Human Resources Department. In the event of a conflict between this Policy and the FMLA or the applicable FMLA regulation, the FMLA or FMLA regulations will govern. CIRCUMSTANCES THAT QUALIFY FOR FMLA.- For MLA: For eligible employees, up to 12 workweeks of FMLA leave is available for one or more of the following purposes: • The birth of a son or daughter or placement of a son or daughter with the employee for adoption or.foster care, and to bond with the newborn or newly -placed child; • To care for a spouse, son, daughter, or parent who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care; • For a serious health condition that makes the employee unable to perform the essential function of his or her job, including incapacity due to pregnancy and for prenatal medical care; or • For any qualifying exigency arising out of the fact that a spouse, son; daughter, or parent is a military member on covered active duty or call to covered active duty status. WHAT IS A SERIOUS HEALTH CONDITION? A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. The FMLA does not apply to routine medical examinations, such as a physical, or to common medical conditions, such as an upset stomach, unless complications develop. P78 WHAT IS INCAPACITY? For all conditions "incapacity" means inability to work, including being unable to perform any one of the essential functions of the employee's position, or inability to attend school, or perform other regular daily activities due to the serious health condition, treatment of the serious health condition, or recovery from the serious health condition. QUALIFYING EXIGENCY LEAVE: When the employee's spouse, son or daughter (of any age), or parent is a member of the Armed Forces (including the National Guard and Reserves) is on covered active duty or has been notified of an impending call or order to covered active duty, the eligible employee may take qualifying exigency leave under FMLA for the following exigencies: a) Short notice deployment (7 or fewer days' notice); b) To make financial and legal arrangements to address the military member's absence; c) To attend counseling when the need arises from the covered active duty or call to covered active duty status of the military member; d) To attend military events and related activities; e) To spend up to 15 calendar days with the military member who is on rest and recuperation leave; f) For childcare and related activities for the military member's child while the member is on covered active duty; g) To attend post -deployment activities within 990 days of the end of the military member's covered active duty or to attend to issues arising from the death of a military member while on covered active duty; h) Parental care activities for the military member's parent who is incapable of self- care; and i) Any other event the employee and the employer agree is a qualifying exigency. The 12 -month period is measured on a "forward" basis. Leave tracked on this basis is measured forward from the date any FMLA leave first commences. LEAVE FOR COVERED SERVICEMEMBER CARE: Eligible employees may take up to 26 workweeks of leave in a single 12 -month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent or next of kin of the servicemember who is: P79 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.2 7/11/2017 SUBJECT PAGE MANUAL FAMILY AND MEDICAL LEAVE FMLA 2 of 7 WHAT IS INCAPACITY? For all conditions "incapacity" means inability to work, including being unable to perform any one of the essential functions of the employee's position, or inability to attend school, or perform other regular daily activities due to the serious health condition, treatment of the serious health condition, or recovery from the serious health condition. QUALIFYING EXIGENCY LEAVE: When the employee's spouse, son or daughter (of any age), or parent is a member of the Armed Forces (including the National Guard and Reserves) is on covered active duty or has been notified of an impending call or order to covered active duty, the eligible employee may take qualifying exigency leave under FMLA for the following exigencies: a) Short notice deployment (7 or fewer days' notice); b) To make financial and legal arrangements to address the military member's absence; c) To attend counseling when the need arises from the covered active duty or call to covered active duty status of the military member; d) To attend military events and related activities; e) To spend up to 15 calendar days with the military member who is on rest and recuperation leave; f) For childcare and related activities for the military member's child while the member is on covered active duty; g) To attend post -deployment activities within 990 days of the end of the military member's covered active duty or to attend to issues arising from the death of a military member while on covered active duty; h) Parental care activities for the military member's parent who is incapable of self- care; and i) Any other event the employee and the employer agree is a qualifying exigency. The 12 -month period is measured on a "forward" basis. Leave tracked on this basis is measured forward from the date any FMLA leave first commences. LEAVE FOR COVERED SERVICEMEMBER CARE: Eligible employees may take up to 26 workweeks of leave in a single 12 -month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent or next of kin of the servicemember who is: P79 A Current Servicemember: A current member of the Armed Forces, including a member of the U.S. National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or : is otherwise on the temporary disability retired list for a serious injury or illness; or A Veteran: A covered servicemember who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness, and who was discharged within the previous five years before the employee takes military caregiver leave to care for the veteran. Next of kin is the servicemember's nearest blood relative, other than the service member's spouse, parent, son, or daughter; unless the service. member designates in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave.under the FMLA. A SERIOUS ILLNESS OR INJURY FOR PURPOSES OF COVERED SERVICEMEMBER CARE IS: • For a Current Servicemember: An injury or illness that was incurred by the servicemember in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank or rating. A serious injury or illness may also result from the aggravation or a pre- existing condition in the line of duty on active duty. • For a Veteran: An injury or illness that was incurred in the line of duty when the veteran was on active duty in the Armed Forces, including any injury or illness that resulted from the aggravation of a preexisting condition in the line of duty on active duty. The injury or illness may manifest itself during active duty or may develop after the service member becomes a veteran. An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reasons during the "single 12 month period" measured forward from the date an employee first takes leave for covered service member care and ends 12 months later regardless of.the 12 month period established for other types of FMLA leave. Once an employee exhausts his or her 26 workweek entitlement, he or she may not take any additional FMLA leave for any reason until the "single 12 month -period" ends. P80 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.2 7/11/2017 SUBJECT PAGE MANUAL FAMILY AND MEDICAL LEAVE FMLA 3 of 7 A Current Servicemember: A current member of the Armed Forces, including a member of the U.S. National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or : is otherwise on the temporary disability retired list for a serious injury or illness; or A Veteran: A covered servicemember who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness, and who was discharged within the previous five years before the employee takes military caregiver leave to care for the veteran. Next of kin is the servicemember's nearest blood relative, other than the service member's spouse, parent, son, or daughter; unless the service. member designates in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave.under the FMLA. A SERIOUS ILLNESS OR INJURY FOR PURPOSES OF COVERED SERVICEMEMBER CARE IS: • For a Current Servicemember: An injury or illness that was incurred by the servicemember in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank or rating. A serious injury or illness may also result from the aggravation or a pre- existing condition in the line of duty on active duty. • For a Veteran: An injury or illness that was incurred in the line of duty when the veteran was on active duty in the Armed Forces, including any injury or illness that resulted from the aggravation of a preexisting condition in the line of duty on active duty. The injury or illness may manifest itself during active duty or may develop after the service member becomes a veteran. An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reasons during the "single 12 month period" measured forward from the date an employee first takes leave for covered service member care and ends 12 months later regardless of.the 12 month period established for other types of FMLA leave. Once an employee exhausts his or her 26 workweek entitlement, he or she may not take any additional FMLA leave for any reason until the "single 12 month -period" ends. P80 . ELIGIBILITY FOR FMLA AND SERVICEMEMBER CARE LEAVE: Employees are eligible for FMLA leave if they: 1) have a cumulative (not necessarily continuous) 12 months of prior service within a period of 7 years, and 2) have worked at least 1250 hours during the 12 months immediately preceding the date on which the FMLA leave would begin. USE OF INTERMITTENT LEAVE: Under certain circumstances, leave may be taken on an intermittent or reduced schedule basis. An employee is permitted to take intermittent or reduced schedule FMLA leave when there is a medical need for such leave for an employee's own serious health condition, to care for a spouse, parent, son or daughter with a serious health condition, or to care for a covered servicemember with a serious injury or illness. An employee is also entitled to use intermittent or reduced schedule FMLA leave for qualifying exigencies. An employee may request, but is not entitled to take intermittent FMLA leave for the birth and care of a newborn child or for the placement with the employee of a child for adoption or foster care; however, such leave is at the discretion of the Department Director and Human Resources Director. If an employee needs FMLA leave intermittently or on a reduced schedule for planned medical treatment for their own serious health condition or for that of a qualifying family member, the employee must make a reasonable effort to schedule the treatment so as to not unduly disrupt the employer's operations. An employee may be temporarily transferred to an alternative position that better accommodates a recurring period of leave provided the pay and benefits are equivalent to those the employee had in the prior position. Once the need for, intermittent or reduced schedule leave ends, the employee must be restored to the same or equivalent job as the job that the employee left when the leave started. EMPLOYED SPOUSES: Eligible spouses working for Indian River County are limited to a combined total of 12 workweeks of leave in a 12 -month period to share for the following FMLA-qualifying reasons: • The birth of a son or daughter or bonding with the newborn child, P81 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.2 7/11/2017 SUBJECT PAGE MANUAL FAMILY AND MEDICAL LEAVE FMLA 4 of 7 . ELIGIBILITY FOR FMLA AND SERVICEMEMBER CARE LEAVE: Employees are eligible for FMLA leave if they: 1) have a cumulative (not necessarily continuous) 12 months of prior service within a period of 7 years, and 2) have worked at least 1250 hours during the 12 months immediately preceding the date on which the FMLA leave would begin. USE OF INTERMITTENT LEAVE: Under certain circumstances, leave may be taken on an intermittent or reduced schedule basis. An employee is permitted to take intermittent or reduced schedule FMLA leave when there is a medical need for such leave for an employee's own serious health condition, to care for a spouse, parent, son or daughter with a serious health condition, or to care for a covered servicemember with a serious injury or illness. An employee is also entitled to use intermittent or reduced schedule FMLA leave for qualifying exigencies. An employee may request, but is not entitled to take intermittent FMLA leave for the birth and care of a newborn child or for the placement with the employee of a child for adoption or foster care; however, such leave is at the discretion of the Department Director and Human Resources Director. If an employee needs FMLA leave intermittently or on a reduced schedule for planned medical treatment for their own serious health condition or for that of a qualifying family member, the employee must make a reasonable effort to schedule the treatment so as to not unduly disrupt the employer's operations. An employee may be temporarily transferred to an alternative position that better accommodates a recurring period of leave provided the pay and benefits are equivalent to those the employee had in the prior position. Once the need for, intermittent or reduced schedule leave ends, the employee must be restored to the same or equivalent job as the job that the employee left when the leave started. EMPLOYED SPOUSES: Eligible spouses working for Indian River County are limited to a combined total of 12 workweeks of leave in a 12 -month period to share for the following FMLA-qualifying reasons: • The birth of a son or daughter or bonding with the newborn child, P81 • The placement of a son or daughter with the employee for adoption or foster care, and bonding with the newly -placed child, and • The care of a parent with a serious health condition.: Eligible spouses are also limited to a combined total of 26 workweeks in a single 12 - month period to care for a covered service member with a serious injury or illness if each spouse is a parent, spouse, son or daughter, or next of kin of the service member. The limitation applies to a combination of military caregiver leave and leave for the other qualifying reasons above. The limitations do not apply to employees who are not legally married or to siblings or other relatives who are working together. PROVIDING NOTICE OF THE NEED FOR LEAVE: Unless extenuating circumstances exist, an employee must provide at least 30 days advance written notice to the Human Resources Department before FMLA leave is to begin. The failure to do so may cause delay or denial of leave. If the need for leave is unforeseeable, the employee must provide notice as soon as practicable. For unforeseen leave, the employee must follow the normal procedure for contacting the supervisor to report an absence. Employees generally will be notified by the Human Resources Department of your eligibility to take FMLA within 5 business days of receipt of a FMLA leave request. An employee will be notified if ineligible. PROVIDING EVIDENCE OF THE NEEDS FOR LEAVE: In most cases, the employee will be required to provide information to support the need for the FMLA leave. The required certification and supporting documentation will be based on the type of leave being requested. Certification forms and other requested documentation must be returned to the Human Resources Department within 15 days of the request (absent extenuating circumstances). Confidential information is maintained by the Human Resources Department. If the certification or supporting documentation is not sufficient, the employee will be notified and provided an opportunity to provide additional information. DESIGNATION OF THE LEAVE: After the certification form and/or supporting documentation has been reviewed by the Human Resources Department, the employee will be notified in writing whether the leave requested is FMLA covered. P82 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.2 7/11/2017 SUBJECT PAGE MANUAL FAMILY AND MEDICAL LEAVE FMLA 5 of 7 • The placement of a son or daughter with the employee for adoption or foster care, and bonding with the newly -placed child, and • The care of a parent with a serious health condition.: Eligible spouses are also limited to a combined total of 26 workweeks in a single 12 - month period to care for a covered service member with a serious injury or illness if each spouse is a parent, spouse, son or daughter, or next of kin of the service member. The limitation applies to a combination of military caregiver leave and leave for the other qualifying reasons above. The limitations do not apply to employees who are not legally married or to siblings or other relatives who are working together. PROVIDING NOTICE OF THE NEED FOR LEAVE: Unless extenuating circumstances exist, an employee must provide at least 30 days advance written notice to the Human Resources Department before FMLA leave is to begin. The failure to do so may cause delay or denial of leave. If the need for leave is unforeseeable, the employee must provide notice as soon as practicable. For unforeseen leave, the employee must follow the normal procedure for contacting the supervisor to report an absence. Employees generally will be notified by the Human Resources Department of your eligibility to take FMLA within 5 business days of receipt of a FMLA leave request. An employee will be notified if ineligible. PROVIDING EVIDENCE OF THE NEEDS FOR LEAVE: In most cases, the employee will be required to provide information to support the need for the FMLA leave. The required certification and supporting documentation will be based on the type of leave being requested. Certification forms and other requested documentation must be returned to the Human Resources Department within 15 days of the request (absent extenuating circumstances). Confidential information is maintained by the Human Resources Department. If the certification or supporting documentation is not sufficient, the employee will be notified and provided an opportunity to provide additional information. DESIGNATION OF THE LEAVE: After the certification form and/or supporting documentation has been reviewed by the Human Resources Department, the employee will be notified in writing whether the leave requested is FMLA covered. P82 SUBSTITUTION OF PAID LEAVE: If the reason for the leave is covered by the County's sick or vacation leave policies and the employee has available leave balances, the employee is required to use accrued sick and vacation leave if applicable while taking FMLA leave (unless on workers. compensation or County sponsored disability benefit). Once paid leave is exhausted, the employee will go on an unpaid leave for the remainder of the FMLA leave period. Qualifying absences, whether paid leave and unpaid leave, count toward the 12 or 26 workweek limit. FMLA leave designation is based on an FMLA qualified reason for the leave, and is not determined by paid or unpaid leave status. FMLA WHILE ON WORKERS COMPENSATION OR OTHER COUNTY SPONSORED DISABILITY BENEFIT Leave taken while receiving a County sponsored disability benefit (AFLAC) or leave due to a workers compensation absence will be counted as FMLA leave if it meets the above criteria fora serious health condition. This leave would run concurrently with FMLA leave, and the employee will not be required to use paid sick or vacation leave while the employee is receiving disability pay or wage loss through workers compensation. The employee may elect to supplement his pay up to his normal wages (combined total), with eligible sick or vacation leave if sufficient leave balances are available. BENEFITS DURING FMLA LEAVE Health care benefits will be maintained during FMLA leave. The employee must continue to pay the employee's share of premiums whether on paid or unpaid leave. If an employee falls more than 30 days behind in insurance payment, coverage may be. canceled. In addition, if an employee fails to return to work at the expiration of the FMLA leave, under certain conditions, the County may recover any premiums it paid on the employee's behalf in order to maintain coverage. STATUS AND INTENT TO RETURN TO WORK FROM FMLA LEAVE Consistent with other types of leave and absences from work, the employee on FMLA leave may be required to report periodically on the employee's status and intent to return to work. RETURN FROM LEAVE At the conclusion of the FMLA leave period, the employee will be restored to the same or equivalent position held prior to the FMLA leave, unless the employee would not have P83 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.2 7/11/2017 SUBJECT PAGE MANUAL FAMILY AND MEDICAL LEAVE FMLA 6 of 7 SUBSTITUTION OF PAID LEAVE: If the reason for the leave is covered by the County's sick or vacation leave policies and the employee has available leave balances, the employee is required to use accrued sick and vacation leave if applicable while taking FMLA leave (unless on workers. compensation or County sponsored disability benefit). Once paid leave is exhausted, the employee will go on an unpaid leave for the remainder of the FMLA leave period. Qualifying absences, whether paid leave and unpaid leave, count toward the 12 or 26 workweek limit. FMLA leave designation is based on an FMLA qualified reason for the leave, and is not determined by paid or unpaid leave status. FMLA WHILE ON WORKERS COMPENSATION OR OTHER COUNTY SPONSORED DISABILITY BENEFIT Leave taken while receiving a County sponsored disability benefit (AFLAC) or leave due to a workers compensation absence will be counted as FMLA leave if it meets the above criteria fora serious health condition. This leave would run concurrently with FMLA leave, and the employee will not be required to use paid sick or vacation leave while the employee is receiving disability pay or wage loss through workers compensation. The employee may elect to supplement his pay up to his normal wages (combined total), with eligible sick or vacation leave if sufficient leave balances are available. BENEFITS DURING FMLA LEAVE Health care benefits will be maintained during FMLA leave. The employee must continue to pay the employee's share of premiums whether on paid or unpaid leave. If an employee falls more than 30 days behind in insurance payment, coverage may be. canceled. In addition, if an employee fails to return to work at the expiration of the FMLA leave, under certain conditions, the County may recover any premiums it paid on the employee's behalf in order to maintain coverage. STATUS AND INTENT TO RETURN TO WORK FROM FMLA LEAVE Consistent with other types of leave and absences from work, the employee on FMLA leave may be required to report periodically on the employee's status and intent to return to work. RETURN FROM LEAVE At the conclusion of the FMLA leave period, the employee will be restored to the same or equivalent position held prior to the FMLA leave, unless the employee would not have P83 otherwise been employed at the time of reinstatement (e.g., due to an intervening reduction. in force or discharge for misconduct or poor performance). The County reserves the right not to rehire a "key" employee if rehire would cause substantial economic harm to its business. Key employees are generally those in the top 10% of compensation. RETURN TO WORK FITNESS FOR DUTY CERTIFICATION An employee who takes leave for his own serious health condition will be required, as a condition of return to work, to obtain and provide certification that the employee is able to perform the essential functions of his job and identify if there are any work restrictions. The cost of the Fitness -for -Duty Certification is paid by the employee. The County may delay or deny restoration to employment if a Fitness -for -Duty Certification is not provided. The County will request a Fitness -for -Duty Certification for leave taken on an intermittent or reduced -leave schedule basis, if reasonable safety concerns exist regarding the employee's ability to perform his duties based on the serious health condition for which the employee took leave. TAKING MORE THAN ALLOWED LEAVE If an employee is unable to return to work after the FMLA leave ends, the employee may request a leave of absence consistent with County policy AM -703.1 LEAVE OF ABSENCE. This written request needs to be submitted prior to the expiration of the FMLA leave. The decision to approve the leave will be based on the likelihood of the employee's return to the position held prior to taking leave. Eligible employees with a disability may request alternate placement into an available vacant position for which they qualify if they are able to perform the essential functions of that position. If an employee is unable to return to work within a reasonable time frame, the employee may be dismissed from employment. JASON E. BROWN DATE: P84 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.2 7/11/2017 SUBJECT PAGE MANUAL FAMILY AND MEDICAL LEAVE FMLA 7 of 7 otherwise been employed at the time of reinstatement (e.g., due to an intervening reduction. in force or discharge for misconduct or poor performance). The County reserves the right not to rehire a "key" employee if rehire would cause substantial economic harm to its business. Key employees are generally those in the top 10% of compensation. RETURN TO WORK FITNESS FOR DUTY CERTIFICATION An employee who takes leave for his own serious health condition will be required, as a condition of return to work, to obtain and provide certification that the employee is able to perform the essential functions of his job and identify if there are any work restrictions. The cost of the Fitness -for -Duty Certification is paid by the employee. The County may delay or deny restoration to employment if a Fitness -for -Duty Certification is not provided. The County will request a Fitness -for -Duty Certification for leave taken on an intermittent or reduced -leave schedule basis, if reasonable safety concerns exist regarding the employee's ability to perform his duties based on the serious health condition for which the employee took leave. TAKING MORE THAN ALLOWED LEAVE If an employee is unable to return to work after the FMLA leave ends, the employee may request a leave of absence consistent with County policy AM -703.1 LEAVE OF ABSENCE. This written request needs to be submitted prior to the expiration of the FMLA leave. The decision to approve the leave will be based on the likelihood of the employee's return to the position held prior to taking leave. Eligible employees with a disability may request alternate placement into an available vacant position for which they qualify if they are able to perform the essential functions of that position. If an employee is unable to return to work within a reasonable time frame, the employee may be dismissed from employment. JASON E. BROWN DATE: P84 POLICY: Employees of the County are expected to report for work on time, in the appropriate attire, and in a state of readiness to work when scheduled to work or when required to work overtime by the supervisor. Supervisors are responsible for scheduling staffing so that delivery of services are maintained. COMMENT: Because of the impact of unplanned tardiness and absences on the delivery of services, unauthorized or excessive absences, excessive tardiness, or leaving work without authorization will result in disciplinary action, up to and including dismissal. See unit DISCIPLINARY PROCEDURE, AM -807.1. Departments may establish attendance standards necessary to maintain effective and efficient operations. The standards will be communicated to employees and disciplinary action applied consistently. 2. Supervisors are responsible for establishing and communicating the starting and ending work time to employees. Work schedules may be changed based on the staffing needs of the Department/Division. Whenever possible advance notice will be provided to employees. Break times (if applicable) must be approved by the supervisor. Employees are expected to be engaged in the performance of their job duties during all scheduled work time. Supervisors are responsible for documenting all absences, tardiness, or leaving early. 3. Employees should notify their supervisor as far in advance as possible whenever they are unable to report work, know they will be late, or must leave early. At a minimum, notification must be made prior to the start of the employees shift for unplanned absences. Employees are required to notify the supervisor of the reason for the absence and provide an expected return to work date so that attendance records are maintained correctly and staffing arrangement may be made. If the supervisor is unavailable, the employee is expected to provide the information to the division timekeeper. 4. Paid leave will only be provided when approved in accordance with the type of leave being requested. If an employees does not timely report the absence and receive approval, paid leave may be denied and the absence considered unauthorized. Documentation to support the type of leave being requested may be required. 5. Employees who have approved FMLA leave certified by Human Resources are required to notify their supervisor if the absence is for an FMLA qualifying reason. Absences for P85 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -701.1 7/11/2017 MANUAL SUBJECT PAGE ATTENDANCE AND PUNCTUALITY 1 of 2 Employees of the County are expected to report for work on time, in the appropriate attire, and in a state of readiness to work when scheduled to work or when required to work overtime by the supervisor. Supervisors are responsible for scheduling staffing so that delivery of services are maintained. COMMENT: Because of the impact of unplanned tardiness and absences on the delivery of services, unauthorized or excessive absences, excessive tardiness, or leaving work without authorization will result in disciplinary action, up to and including dismissal. See unit DISCIPLINARY PROCEDURE, AM -807.1. Departments may establish attendance standards necessary to maintain effective and efficient operations. The standards will be communicated to employees and disciplinary action applied consistently. 2. Supervisors are responsible for establishing and communicating the starting and ending work time to employees. Work schedules may be changed based on the staffing needs of the Department/Division. Whenever possible advance notice will be provided to employees. Break times (if applicable) must be approved by the supervisor. Employees are expected to be engaged in the performance of their job duties during all scheduled work time. Supervisors are responsible for documenting all absences, tardiness, or leaving early. 3. Employees should notify their supervisor as far in advance as possible whenever they are unable to report work, know they will be late, or must leave early. At a minimum, notification must be made prior to the start of the employees shift for unplanned absences. Employees are required to notify the supervisor of the reason for the absence and provide an expected return to work date so that attendance records are maintained correctly and staffing arrangement may be made. If the supervisor is unavailable, the employee is expected to provide the information to the division timekeeper. 4. Paid leave will only be provided when approved in accordance with the type of leave being requested. If an employees does not timely report the absence and receive approval, paid leave may be denied and the absence considered unauthorized. Documentation to support the type of leave being requested may be required. 5. Employees who have approved FMLA leave certified by Human Resources are required to notify their supervisor if the absence is for an FMLA qualifying reason. Absences for P85 approved FMLA do not count toward excessive absenteeism standards. Use of paid leave for FMLA absences is in accordance with the applicable leave policies. 6. Employees who report for work under any of the following circumstances will not be permitted to work and will be sent home. Depending upon the circumstances, this time may be considered unapproved leave and the employee may be subject to disciplinary action. • Reporting to work without proper equipment • Reporting to work in improper attire • :Reporting to work in a condition deemed not fit for work 7. Employees are required to work their assigned schedule and may not alter the work schedule without receiving advance approval from their supervisor. Employees are not authorized or permitted to work prior to or after their scheduled start and stop times or to work through lunch for the purpose of making up.lost time because of tardiness, authorized absence, or any other'reason without prior approval of the supervisor. Employees are not permitted to work more than their scheduled work hours without prior approval of their supervisor. 8. If an employee is tardy or absent without prior approval (unplanned absence), the employee is required to provide an explanation of the circumstances surrounding their tardiness or absence. The supervisor should record this information and take appropriate action if there is a pattern of excessive tardiness or unplanned absences. 9. If an employee is absent from work for three consecutive workdays without approval, the employee will be considered to have abandoned their position and it will be considered a voluntarily resignation. The employee will be provided notice of the separation mailed to their address on record. The notice will contain their rights of appeal. JASON E. BROWN: DATE: P86 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -701.1 7/11/2017 MANUAL SUBJECT PAGE ATTENDANCE AND PUNCTUALITY 2 of 2 approved FMLA do not count toward excessive absenteeism standards. Use of paid leave for FMLA absences is in accordance with the applicable leave policies. 6. Employees who report for work under any of the following circumstances will not be permitted to work and will be sent home. Depending upon the circumstances, this time may be considered unapproved leave and the employee may be subject to disciplinary action. • Reporting to work without proper equipment • Reporting to work in improper attire • :Reporting to work in a condition deemed not fit for work 7. Employees are required to work their assigned schedule and may not alter the work schedule without receiving advance approval from their supervisor. Employees are not authorized or permitted to work prior to or after their scheduled start and stop times or to work through lunch for the purpose of making up.lost time because of tardiness, authorized absence, or any other'reason without prior approval of the supervisor. Employees are not permitted to work more than their scheduled work hours without prior approval of their supervisor. 8. If an employee is tardy or absent without prior approval (unplanned absence), the employee is required to provide an explanation of the circumstances surrounding their tardiness or absence. The supervisor should record this information and take appropriate action if there is a pattern of excessive tardiness or unplanned absences. 9. If an employee is absent from work for three consecutive workdays without approval, the employee will be considered to have abandoned their position and it will be considered a voluntarily resignation. The employee will be provided notice of the separation mailed to their address on record. The notice will contain their rights of appeal. JASON E. BROWN: DATE: P86 It is the policy of the County not to work employees beyond the regularly scheduled work week unless conditions warrant. This policy will be governed by applicable Fair Labor Standards Act regulations for Public and Public Safety employees. All full-time employees normally work a standard number of hours each week, as described in unit HOURS OF WORK, AM -208.1. The standard number of hours are determined based on the position type and budgeted hours. 2. Management may schedule overtime beyond the standard budgeted work week hours when it is in the best interest of the County and is the most practical and economical way of meeting workloads or deadlines. An employee must receive prior approval from the supervisor prior to working additional hours. Employees are not authorized to work additional hours without prior approval. 3. Employees will be required to work overtime when requested by management unless excused by management. The County will attempt to provide advance notice of the need to work overtime. There may be instances where advance notice cannot be provided. Employees may volunteer to work overtime and should communicate that interest to their supervisors. Overtime will only be scheduled for those employees fully qualified to perform the work required. All other factors being the same, seniority may be used as a selection factor. In most work units, efforts will be made to equalize overtime among employees who are similarly classified. 4. Employees who are subject to the minimum wage and overtime provisions of the Fair Labor Standards Act are referred to as "nonexempt," meaning not exempt from that law. Those who are "nonexempt" are eligible for overtime pay at one and one-half times their pay rate for hours worked beyond (40) forty in one week. Non-exempt employees whose standard number of hours each week is less than (40) forty, will receive straight time for overtime hours worked that are excess of the standard hours and do not exceed (40) forty hours in one week. Non-exempt employees are classified in the "L", "M", "N", and "S" groups as discussed in the unit PAYROLL/SALARY ADMINISTRATION, AM -301.1. Employees who are "exempt" are not eligible for overtime pay and these employees are classified in the "A" and "E" groups in the salary administration unit. 5. When computing overtime compensation, vacation, holidays, bereavement leave, jury duty, paid emergency leave during a declared emergency, and military leave shall be considered as time worked. Other absences from work while on pay status, such as sick leave, will not be counted as time worked for overtime computation. 6. Compensatory time shall not be used as compensation for overtime. P87 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY MANUAL RESOURCES AM -301.3 7/11/2017 SUBJECT PAGE OVERTIME 1 of 2 It is the policy of the County not to work employees beyond the regularly scheduled work week unless conditions warrant. This policy will be governed by applicable Fair Labor Standards Act regulations for Public and Public Safety employees. All full-time employees normally work a standard number of hours each week, as described in unit HOURS OF WORK, AM -208.1. The standard number of hours are determined based on the position type and budgeted hours. 2. Management may schedule overtime beyond the standard budgeted work week hours when it is in the best interest of the County and is the most practical and economical way of meeting workloads or deadlines. An employee must receive prior approval from the supervisor prior to working additional hours. Employees are not authorized to work additional hours without prior approval. 3. Employees will be required to work overtime when requested by management unless excused by management. The County will attempt to provide advance notice of the need to work overtime. There may be instances where advance notice cannot be provided. Employees may volunteer to work overtime and should communicate that interest to their supervisors. Overtime will only be scheduled for those employees fully qualified to perform the work required. All other factors being the same, seniority may be used as a selection factor. In most work units, efforts will be made to equalize overtime among employees who are similarly classified. 4. Employees who are subject to the minimum wage and overtime provisions of the Fair Labor Standards Act are referred to as "nonexempt," meaning not exempt from that law. Those who are "nonexempt" are eligible for overtime pay at one and one-half times their pay rate for hours worked beyond (40) forty in one week. Non-exempt employees whose standard number of hours each week is less than (40) forty, will receive straight time for overtime hours worked that are excess of the standard hours and do not exceed (40) forty hours in one week. Non-exempt employees are classified in the "L", "M", "N", and "S" groups as discussed in the unit PAYROLL/SALARY ADMINISTRATION, AM -301.1. Employees who are "exempt" are not eligible for overtime pay and these employees are classified in the "A" and "E" groups in the salary administration unit. 5. When computing overtime compensation, vacation, holidays, bereavement leave, jury duty, paid emergency leave during a declared emergency, and military leave shall be considered as time worked. Other absences from work while on pay status, such as sick leave, will not be counted as time worked for overtime computation. 6. Compensatory time shall not be used as compensation for overtime. P87 7. During a declared emergency, if non-union employees are relieved of duty and provided paid emergency leave (ex. hurricane leave), any non-union employee who is required to work will be paid at time and one-half for hours worked. If an employee works part of their normal shift, the non -working hours that fall within their normal work schedule will be paid as emergency leave and the working hours will be paid at time and one-half. Time that extends beyond the normal shift will be paid at time and one-half. Other absences from work while on paid leave to include sick leave will be counted as time worked for overtime computation. This will only apply to the work week in which paid emergency leave is granted. Subsequent work weeks, will return to the overtime compensation criteria identified above. JASON E. BROWN DATE P88 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -301.3 7/11/2017 MANUAL SUBJECT PAGE OVERTIME 2 of 2 7. During a declared emergency, if non-union employees are relieved of duty and provided paid emergency leave (ex. hurricane leave), any non-union employee who is required to work will be paid at time and one-half for hours worked. If an employee works part of their normal shift, the non -working hours that fall within their normal work schedule will be paid as emergency leave and the working hours will be paid at time and one-half. Time that extends beyond the normal shift will be paid at time and one-half. Other absences from work while on paid leave to include sick leave will be counted as time worked for overtime computation. This will only apply to the work week in which paid emergency leave is granted. Subsequent work weeks, will return to the overtime compensation criteria identified above. JASON E. BROWN DATE P88 POLICY: It is the policy of the County to pay wages and salaries which are competitive with rates being paid.for like jobs by other employers in the recruiting area. See the unit, JOB EVALUATION, AM -303.1. Measurement of the equity.of wage ranges and the need for general pay increases will be conducted as needed and will include an analysis of area pay plans, cost of living trends, turnover, internal equity, and/or funds available. Probationary and pay progression increases for individual employees are based primarily upon satisfactory performance and not necessarily given on the basis of length of service alone. See the unit, PAY PROGRESSION SYSTEM, AM -304.1. Payrolls will be generated biweekly through the Human Resources Department. 1. The Human Resources Department has been appointed to review all wages and salaries on a continuing -basis on behalf of the County Administrator and County Attorney. It is the responsibility of the Human Resources Department to recommend changes necessary to keep the system equitable and competitive. To the extent that wage increases are based upon performance, management employees are responsible for assuring that pay rates reflect that performance. 2. Policies regarding changes of all types are matters within the County's sole discretion and may be unilaterally modified or revoked at any time, to the extent permitted by law. 3. Payroll Periods a. The Human Resources Department will generate a payroll for distribution every other Friday. The pay period shall begin at 12:00 A.M. every other Friday and end at 11:59 P.M. on Thursday, two weeks later. Paychecks are distributed on Friday, the day following the end of the payroll period. b. If a normal payday occurs on a scheduled holiday, all steps in the payroll process will be advanced to permit distribution of checks on the working day prior to the. holiday. C. Every payday, employees will be provided a statement detailing gross pay, deductions and net pay. 4. Pay plan headings shall be maintained by the Human Resources Department. They will be arranged into classes which include: P89 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Personnel AM -301.1 10/09/12 POLICY SUBJECT PAGE MANUAL Payroll/Salary Administration 1 OF 3 It is the policy of the County to pay wages and salaries which are competitive with rates being paid.for like jobs by other employers in the recruiting area. See the unit, JOB EVALUATION, AM -303.1. Measurement of the equity.of wage ranges and the need for general pay increases will be conducted as needed and will include an analysis of area pay plans, cost of living trends, turnover, internal equity, and/or funds available. Probationary and pay progression increases for individual employees are based primarily upon satisfactory performance and not necessarily given on the basis of length of service alone. See the unit, PAY PROGRESSION SYSTEM, AM -304.1. Payrolls will be generated biweekly through the Human Resources Department. 1. The Human Resources Department has been appointed to review all wages and salaries on a continuing -basis on behalf of the County Administrator and County Attorney. It is the responsibility of the Human Resources Department to recommend changes necessary to keep the system equitable and competitive. To the extent that wage increases are based upon performance, management employees are responsible for assuring that pay rates reflect that performance. 2. Policies regarding changes of all types are matters within the County's sole discretion and may be unilaterally modified or revoked at any time, to the extent permitted by law. 3. Payroll Periods a. The Human Resources Department will generate a payroll for distribution every other Friday. The pay period shall begin at 12:00 A.M. every other Friday and end at 11:59 P.M. on Thursday, two weeks later. Paychecks are distributed on Friday, the day following the end of the payroll period. b. If a normal payday occurs on a scheduled holiday, all steps in the payroll process will be advanced to permit distribution of checks on the working day prior to the. holiday. C. Every payday, employees will be provided a statement detailing gross pay, deductions and net pay. 4. Pay plan headings shall be maintained by the Human Resources Department. They will be arranged into classes which include: P89 A = Administrative E=. Exempt N Nonexempt (37.5 hour workweek) L = Represented Labor & Trades (part-time and 40 hour work week) M = Represented. Labor & Trades (37.5 hour work week) S = Unrepresented Labor & Trades (40 hour work week) X, Z, DF and FS = nonstandard work weeks. (They apply to certain fire and emergency medical services positions). Classification information . which will be maintained in the Human Resources Department: a. Listing of each job title in each classification pay grade b. Minimum and maximum pay for each pay grade. C. Job numbers for each job in the classification. d. Position descriptions for each classification. e. Job Description Questionnaire for each classification. f. Current copy of Position Control Report (drawn from administration data base; lists data on each position authorized by the Board of County Commissioners). 5. Call back pay shall be paid to nonexempt employees called back to work during off-duty hours. Call back is work due to an emergency or other urgent situation during off-duty hours. This pay shall be two hours of pay or the actual time worked, whichever is greater, for an employee called back to a work site during off-duty hours. This time shall be considered as time worked for computing overtime. The call back of any employee requires the prior approval of the department head or designee. 6. Standby assignments must be authorized by the department or division head. This assignment is made when it is necessary that an employee be available for work due to an urgent situation during off-duty time. For employees on standby status, one hour of pay at time and one-half will be paid for each regular work day and an additional hour of pay at time and one-half on each non -work day and holidays. Standby hours shall be in addition to time worked. P90 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Personnel AM -301.1 7/11/2017 POLICY SUBJECT PAGE MANUAL Payroll/Salary Administration 2 OF 3 A = Administrative E=. Exempt N Nonexempt (37.5 hour workweek) L = Represented Labor & Trades (part-time and 40 hour work week) M = Represented. Labor & Trades (37.5 hour work week) S = Unrepresented Labor & Trades (40 hour work week) X, Z, DF and FS = nonstandard work weeks. (They apply to certain fire and emergency medical services positions). Classification information . which will be maintained in the Human Resources Department: a. Listing of each job title in each classification pay grade b. Minimum and maximum pay for each pay grade. C. Job numbers for each job in the classification. d. Position descriptions for each classification. e. Job Description Questionnaire for each classification. f. Current copy of Position Control Report (drawn from administration data base; lists data on each position authorized by the Board of County Commissioners). 5. Call back pay shall be paid to nonexempt employees called back to work during off-duty hours. Call back is work due to an emergency or other urgent situation during off-duty hours. This pay shall be two hours of pay or the actual time worked, whichever is greater, for an employee called back to a work site during off-duty hours. This time shall be considered as time worked for computing overtime. The call back of any employee requires the prior approval of the department head or designee. 6. Standby assignments must be authorized by the department or division head. This assignment is made when it is necessary that an employee be available for work due to an urgent situation during off-duty time. For employees on standby status, one hour of pay at time and one-half will be paid for each regular work day and an additional hour of pay at time and one-half on each non -work day and holidays. Standby hours shall be in addition to time worked. P90 7. Temporary assignment pay shall only be utilized in those instances when a position has been vacated due to resignation, retirement, termination, or long-term illness and another employee must perform the duties of the vacated position. Under no circumstances should an employee receive temporary assignment pay for filling in while another employee is on vacation or is out on a short-term basis (30 days or less) for other reasons. In order for employees to receive temporary assignment pay, they shall perform the duties of a higher classification In addition; approval must be received from the department head and the Human Resources Department prior to the reassignment. The request for approval shall include the position the employee is being temporarily assigned to and why, the date the employee will start performing the duties of the other position, the date the employee should start receiving temporary assignment pay and the expected duration of the temporary assignment.: Employees shall receive a 5% pay raise for serving in a temporary assignment unless a higher amount is approved by the County Administrator. 8. Crew Leader premium must be authorized by the department/division head. This assignment is made when it is necessary that a nonexempt employee is required to function as acting supervisor. An employee will be paid an additional half hour at time and one half for. each day he is designated as crew leader. Jason E. Brown P91 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE Personnel AM -301.1 10/09/12 POLICY SUBJECT PAGE MANUAL Payroll/Salary Administration 3 OF 3 7. Temporary assignment pay shall only be utilized in those instances when a position has been vacated due to resignation, retirement, termination, or long-term illness and another employee must perform the duties of the vacated position. Under no circumstances should an employee receive temporary assignment pay for filling in while another employee is on vacation or is out on a short-term basis (30 days or less) for other reasons. In order for employees to receive temporary assignment pay, they shall perform the duties of a higher classification In addition; approval must be received from the department head and the Human Resources Department prior to the reassignment. The request for approval shall include the position the employee is being temporarily assigned to and why, the date the employee will start performing the duties of the other position, the date the employee should start receiving temporary assignment pay and the expected duration of the temporary assignment.: Employees shall receive a 5% pay raise for serving in a temporary assignment unless a higher amount is approved by the County Administrator. 8. Crew Leader premium must be authorized by the department/division head. This assignment is made when it is necessary that a nonexempt employee is required to function as acting supervisor. An employee will be paid an additional half hour at time and one half for. each day he is designated as crew leader. Jason E. Brown P91 POLICY: It is the policy of the County to provide its employees with a comprehensive benefits program. The Human Resources Director is responsible for reviewing the benefits program and making necessary recommendations to maintain a competitive and cost effective benefits package. The County reserves the right to modify, amend, or terminate any component of the benefits program (consistent with applicable statutes) as it applies to all current, former, and retired employees. COMMENT: 1. All benefits provided by the County are described in documents which are maintained in the Human Resources Department. The Human Resources Department administers the County's benefits program, either directly or through third parties. These benefits are available to eligible employees as indicated in this unit and in the listed units of the Administrative Manual related to the individual components. 2. Summary listing of primary benefits and information sources: a) Vacation Leave - See the unit VACATION LEAVE, AM -502.1 b) Sick Leave - See the unit SICK LEAVE, AM -702.1 c) Sick Incentive - See the unit SICK LEAVE, AM -702.1. d) Holidays -See the unit HOLIDAYS, AM -503.1. e) Administrative Leave - See the unit SHORT-TERM ABSENCES, AM -702.3. f) Health Insurance - The County provides health insurance for employees who are budgeted to work 30 hours or more per week. Insurance is effective the first of the month following 60 days from the date of hire or from the date of an employee is placed into an eligible position. Dependent coverage is available. The cost of insurance is shared between the employee and the County. g) Flexible Spending Account — The County provides employees the opportunity to defer income on a pre-tax basis to a Health Care FSA and/or a Dependent Care FSA. An FSA allows employees to set aside money from their paycheck for reimbursement of out of pocket health care and day care expenses that they regularly pay. h) Basic Life Insurance — Basic term life insurance is provided for regular employees who are budgeted to work 30 hours or more per week. The benefit amount is 1x the annual P92 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -501.1 7/11/2017 MANUAL SUBJECT PAGE DISCLOSURE OF BENEFITS 1 of 2 It is the policy of the County to provide its employees with a comprehensive benefits program. The Human Resources Director is responsible for reviewing the benefits program and making necessary recommendations to maintain a competitive and cost effective benefits package. The County reserves the right to modify, amend, or terminate any component of the benefits program (consistent with applicable statutes) as it applies to all current, former, and retired employees. COMMENT: 1. All benefits provided by the County are described in documents which are maintained in the Human Resources Department. The Human Resources Department administers the County's benefits program, either directly or through third parties. These benefits are available to eligible employees as indicated in this unit and in the listed units of the Administrative Manual related to the individual components. 2. Summary listing of primary benefits and information sources: a) Vacation Leave - See the unit VACATION LEAVE, AM -502.1 b) Sick Leave - See the unit SICK LEAVE, AM -702.1 c) Sick Incentive - See the unit SICK LEAVE, AM -702.1. d) Holidays -See the unit HOLIDAYS, AM -503.1. e) Administrative Leave - See the unit SHORT-TERM ABSENCES, AM -702.3. f) Health Insurance - The County provides health insurance for employees who are budgeted to work 30 hours or more per week. Insurance is effective the first of the month following 60 days from the date of hire or from the date of an employee is placed into an eligible position. Dependent coverage is available. The cost of insurance is shared between the employee and the County. g) Flexible Spending Account — The County provides employees the opportunity to defer income on a pre-tax basis to a Health Care FSA and/or a Dependent Care FSA. An FSA allows employees to set aside money from their paycheck for reimbursement of out of pocket health care and day care expenses that they regularly pay. h) Basic Life Insurance — Basic term life insurance is provided for regular employees who are budgeted to work 30 hours or more per week. The benefit amount is 1x the annual P92 salary rounded up to the next $1,000 up to a maximum amount. Life insurance is effective the first of the month following 60 days from the date of hire or from the date an employee is placed into an eligible position. The cost for basic life insurance is paid by the County. Employees covered under this basic term life insurance will have included in their wages a "value" for the insurance coverage in excess of $50,000 per applicable Internal Revenue Service Codes. Employees may purchase additional life insurance during defined enrollment periods subject to the terms and conditions of the policy. Dependent life insurance is also available for the spouse and children of the eligible employee subject to the terms and conditions of the policy. Additional and dependent life insurance is paid by the employee. i) Optional Insurance - Includes, but is not limited to, short term disability, long term disability, dental insurance, cancer, hospital confinement, accident coverage and others which may be purchased at the employee's cost. j) Retirement - The County participates in the Florida Retirement System. Both the County and the employee contribute to the retirement plan as established by the Florida Statute. Employees may obtain additional information regarding retirement benefits from the MyFRS website at https://www.myfrs.com/. Retirement Specialists and Financial Planning is also available through the Florida Retirement System at no cost to the employee. k) Deferred Compensation - This is an optional program that is available through payroll deduction and provides employees the opportunity to defer income on a pre-tax basis to a retirement account. This plan is administered in accordance with Internal Revenue Service Code 457 and other applicable laws. 1) Employee Assistance Program — The County provides a comprehensive Employee Assistance Program for covered employees and family members. The program offers access to licensed mental health professionals through a confidential program. Employees and family members will have access to confidential assistance regarding a variety of life issues including but not limited to workplace issues, stress, legal and financial concerns, family and/or marriage issues, dependent . care, grief and bereavement, anxiety, and substance abuse. The program is free and confidential. Information regarding these benefits is available on the County's website under Human Resources. JASON E. BROWN DATE P93 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -501.1 7/11/2017 MANUAL SUBJECT PAGE DISCLOSURE OF BENEFITS 2 of 2 salary rounded up to the next $1,000 up to a maximum amount. Life insurance is effective the first of the month following 60 days from the date of hire or from the date an employee is placed into an eligible position. The cost for basic life insurance is paid by the County. Employees covered under this basic term life insurance will have included in their wages a "value" for the insurance coverage in excess of $50,000 per applicable Internal Revenue Service Codes. Employees may purchase additional life insurance during defined enrollment periods subject to the terms and conditions of the policy. Dependent life insurance is also available for the spouse and children of the eligible employee subject to the terms and conditions of the policy. Additional and dependent life insurance is paid by the employee. i) Optional Insurance - Includes, but is not limited to, short term disability, long term disability, dental insurance, cancer, hospital confinement, accident coverage and others which may be purchased at the employee's cost. j) Retirement - The County participates in the Florida Retirement System. Both the County and the employee contribute to the retirement plan as established by the Florida Statute. Employees may obtain additional information regarding retirement benefits from the MyFRS website at https://www.myfrs.com/. Retirement Specialists and Financial Planning is also available through the Florida Retirement System at no cost to the employee. k) Deferred Compensation - This is an optional program that is available through payroll deduction and provides employees the opportunity to defer income on a pre-tax basis to a retirement account. This plan is administered in accordance with Internal Revenue Service Code 457 and other applicable laws. 1) Employee Assistance Program — The County provides a comprehensive Employee Assistance Program for covered employees and family members. The program offers access to licensed mental health professionals through a confidential program. Employees and family members will have access to confidential assistance regarding a variety of life issues including but not limited to workplace issues, stress, legal and financial concerns, family and/or marriage issues, dependent . care, grief and bereavement, anxiety, and substance abuse. The program is free and confidential. Information regarding these benefits is available on the County's website under Human Resources. JASON E. BROWN DATE P93 Dylan Rcingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Consent Agenda - B.C.C. 7.11.17 Office of INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners FROM:. Dylan Reingold, County Attorney DATE: June 19, 2017 SUBJECT: Modification of Fee Schedule for Eminent Domain Legal Services BACKGROUND. On July 16, 2013, the Indian River County Board of County Commissioners approved the hiring of the. William P. Doney with the law firm of Caldwell Pacetti Edwards Schech & Viator LLP as counsel for eminent domain matters. The firm is currently charging the County $225 per hour for Mr. Doney's time. Mr. Doney has submitted the attached revised retainer agreement, dated June 15, 2017, to include paralegal services at $100 per hour. Mr. Doney's hourly rate will. remain at $225 per hour. FUNDING. Funding for the modification of the fee schedule for eminent domain is budgeted and available in the Secondary Roads Fund/Road & Bridge/Legal Services account 10921441-033110. RECOMMENDATION. The County Attorney recommends that the Board approve the revised retainer agreement to include paralegal services at an hourly rate of $100. ATTACHMENTS(S). Letter from William P. Doney to Dylan Reingold, dated June 15, 2017 Letter from William P. Doney to Alan Polackwich, Sr., dated July 2, 3013 F.•IAa—*V1.d.%GEAMRAL18 C CNg,,doM~AEm1.,m D.mmn ComrodA—dmntd— P94 GALDWELL PAGETTI EDWA$DS SGHOEGH Sc VIAT011 LLF ATTORNEYS AT LAW MANLEY P. GALDWELL, JR. KENNETH W.EDWARDS CHARLES F. SCHOECH MARY M. VIATOR' WILLIAM P. OONEY FRANK S. PALEN JOHN A. WEIG OF COUNSEL BETSY S. BURDEN RUTH P. CLEMENTS VIA U.S. MAIL. & EMAIL Dylan Rei.ngold, Esq. County Attorney 18..1 V", Street Vero Beach, F1, 32960-3365 .1555 PALM BEACH LAKES BLVD. SUITE 1200 WEST PALM BEACH. FLORIDA 33401 June 15, 2017 Re: Revised Proposal for Eminent Domain Legal Services Dear Dylan: PARALEGAL EMILIE PEARSON. CP' www.caldwelipamtti.com TELEPNONE: -(561) SSS -0620 TELECOPIER:(561) 655-3775 Please accept this letter as a request to revise the retainer letter previously. -submitted to the County dated. July 2, 2013. The requested revision would be to provide that paralegal services will be billed at the rate of $100.00/hour. The remainder of the retainer letter will remain unchanged. Please advise if you would like any additional information or a more formal attomey- client contract:. 1. am looking forward to continuing to work with you and County staff in the future. Sincerely yours, William P. Doney, Esq. WPD/sle. P95 C__A_ir.Dw:ELL.PAC:ETTI EDWA-RDS . SCHOECH & VIATOR LLP ATTORNEYS AT LAW MANLEY P. CALDWELL. JR. ONE CLEARLAKE CENTRE PARALEG^LS XEN"ETH W. EOWARDG Z.T>O.SOUTR AUSTRALIAN AVENUE MARY T. ADOONA CHARLES F. SCHOICCH EMILIE PEARSON. C . P SUITE 600 MARY M. VIATOR WEST PALM BEACH, rLORIOA 33401 RUTH P. CLEMENTS Www.c&klwi9p&c*W.=n WILLIAM P. DONEY FRANK S. PALEN JOHN A. w EIG TELEPHONE. (561) 655=06620 TCLECOPIEk'(Set) 8SS-3,7�7_q OF COUNSEL BETSY S. BURDEN July 2. 2013 VIA U.S..MAIL&EMAIL Alan S. Polackwich Vii. County Art4ffi&y 18.01 27" -Stant Vero Beach. FL 32960-3365 Rc: Proposal for Eminqpt j).omtdn;Legaj. 5ervicps Dear Alan - I enjoyed iky rtbenl MWitig.'witil you, . R I . enjoy ou, and Dylan -eingo d' As I indicated 1p you, 1 ;4n interested in performlqgal,_serviqc'!_ Qu bp�qlf.of Indian River County-CoAcerni Ag' emilieig ing - domain, and, :if regi ojgtl, i�ejqtdd1§010't' -1 uxider-suMd that any 966 work would be of -la.- an :as needed basis_ If retalw'W; I Wotildthl the Cburq. ot. the hourly -rate of $225.00. Time i& billed in A i=ementg land. - on a Mo*hly 1 j�. in ado' ltiojq, co�ts and expenses such as co4d.qT 4nd -d.;Iiv ry fees-, postage, phq*0pie.% dc� 46Wd be biftedlt C69L Ple.ase.odybe if yqqwould Ift jp�� Or it 'more f0.rlh4j-4ttl.D--rliey­ *ly. additional of ent looking ft�t.wdird-.jb W0fk-iq.& with -you and the C PA Kiriounty $t fl' in the future: it P. Dovey, Esq. WD/91b P96 MW' Consent Agenda - B.C. C. '7.11.17 Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K DeBraal, Deputy County :attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney 'o,/"" DATE: June 26, 2017. SUBJECT: Escambia County Housing Finance Authority Resolution BACKGROUND. ATTORNEY On October 15, 2013, the Indian River County Board of County Commissioners (the "Board") approved Resolution 2013-110, consenting to Escambia County Housing Finance Authority (the "Authority") the right to exercise its power to issue Single Family Mortgage Revenue Bonds and to implement a plan of finance for such bonds within Indian River County. At the time, the Board approved the Authority's ability to issue in multiple series, not to exceed $150,000,000.00, Single Family Mortgage Revenue Bonds to fund its Single Family Mortgage Loan Program. Although I have been informed that the :Authority does not presently anticipate issuing additional revenue bonds, the Authority proposes to continue to operate its Single Family Mortgage Loan Program on a "to be announced" basis (the "TBA Program") to provide financing and down payment assistance to first time homebuyers throughout a thirteen county area including Indian River County. Pursuant to section 159.608(10), Florida Statutes, a housing authority has the power to issue mortgage credit certificates to the extent allocation is available for that purpose to qualifying individuals in lieu of issuing qualified mortgage bonds. The Authority has stated that it has available allocation and has decided to use it for a mortgage credit certificate program. Pursuant to Section 159.608(5), Florida Statutes, and other applicable law, the Authority may expand its area of operation to offer its programs to alleviate a shortage of housing in a county outside of Escambia County with permission of the governing body of the other county. Accordingly, the Authority is requesting that the Board approve the attached resolution which grants area of operation permission to the Authority to operate the Authority's TBA Program and mortgage credit certificate program within Indian River County. Similar resolutions have been approved by Walton, Wakulla and Bradford Counties. FUNDING: There is no funding associated with this matter. RECOMMENDATION. The County Attorney's Office recommends that the Board vote to approve the resolution granting to the Escambia County Housing Finance Authority area of operation permission to operate the Authority's TBA Program and mortgage credit certificate program within Indian River County. ATTACHMENT(S). Proposed Resolution F.141'- yU"de1GiAMW18(R-).dk P97 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, GRANTING CONTINUING "AREA OF OPERATION" AUTHORITY TO THE ESCAMBIA COUNTY ROUSING FINANCE AUTHORITY TO OPERATE ITS SINGLE FAMILY MORTGAGE LOAN PROGRAM AND MORTGAGE CREDIT CERTIFICATE PROGRAMS WITHIN INDIAN RIVER COUNTY, FLORIDA; PROVIDING A TERM; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Part IV of Chapter 159, Florida Statutes (the "Act"), authorizes the creation of housing finance authorities within the State of Florida (the "State") for the purpose of issuing .revenue bonds to assist in relieving the shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, pursuant to the authority of a resolution adopted by the Indian River County Board of County Commissioners (the "Indian River Board") on the 15th day of October, 2013 (the "2013 Indian River Resolution"), the Escambia Authority and the Indian River Board have cooperated to operate programs to address such housing shortage in Escambia County, Florida, and Indian River County, Florida, as well as certain other counties that may also participate in such programs (collectively, the "Participating Counties"); and. WHEREAS, the Escambia Authority has heretofore approved a Single Family Mortgage Loan Program (the "TBA Program") pursuant to which Mortgage Loans are originated pursuant to a Program Invitation and Parameters dated as of July 1, 2012, as amended and supplemented, and a Master Mortgage Origination Agreement dated as July 1, 2012 as amended and supplemented, and in order to enhance the efficiency of the TBA Program, the Escambia Authority authorized the interim purchase by the Escambia Authority (directly by the Escambia Authority or pursuant to a warehousing arrangement) Mortgage -Backed Securities backed by Mortgage Loans originated under the TBA Program, and further authorized the subsequent sale thereof by the Escambia Authority into the TBA market, and, following the issuance of a series of Bonds, the purchase by the trustee under the trust indenture securing such series of Bonds of any then available Mortgage - Backed Securities; and WHEREAS, the Escambia Authority has continuously operated the TBA Program within Indian River County and the other Participating Counties; and WHEREAS, Mortgage Credit Certificates ("MCC") are authorized by Congress pursuant to Section 25 of the Internal Revenue Code of 1986, which authorizes housing finance authorities to issue MCC as an alternative to issuing single family revenue bonds; and F:\Attomcy\Nancy\DOCS\RES\Escambia County Housing Finance Authority.2017.docx P98 RESOLUTION NO. 2017 - WHEREAS, the MCC is a nonrefundable federal income tax credit which acts to reduce an eligible borrower's federal income taxes, effectively creating additional income for the borrower to use in making mortgage payments; and WHEREAS, the Escambia Authority wishes to offer to homebuyers in the Participating Counties the benefits of a MCC Program in connection with the Escambia Authority's continued operation of the TBA Program within Escambia County and the Participating Counties; and WHEREAS, the Indian River Board desires to secure the benefits of the MCC program and the continued operation of the TBA .Program to benefit the citizens and residents of Indian River County, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Continued Operation of the TBA Program. Pursuant to the -authority of Sections 163.01, 159.608 and 125.01, Florida Statutes, the Escambia Authority is hereby granted "area of operation" authority to continue to operate the TBA Program within Indian River County for the benefit of the citizens and residents of Indian River County. The Escambia Authority shall have full authority and responsibility to carry out the TBA Program in accordance with the parameters established by the Escambia Authority and the provisions of applicable law. Section 2. MCC Program. Pursuant to the authority of Sections 163.01, 159.608 and 125.0 1, Florida Statutes, the Escambia Authority is hereby granted "area of operation" authority to operate its MCC Program within Indian River County for the benefit of the citizens and residents of .Indian River County. The Escambia Authority shall have full authority and responsibility to carry out the MCC Program in accordance with the parameters established by the Escambia Authority and the provisions of applicable law. Section 3. Term. The "area of operation" authority granted to the Escambia Authority shall continue until such time as it may be terminated by Resolution of the Indian River Board upon not less than ten (10) days written notice to the Escambia Authority. Section 4. Repealing Clause. All resolutions or parts thereof of the Board in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 5. Effective Date. This resolution shall take effect immediately upon its adoption this day of , 2017 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: 2 P99 RESOLUTION NO. 2017 - Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared this Resolution duly passed and adopted this day of July, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy. Clerk Approved as to form and legal sufficiency By Dylan Reingold, County Attorney 3 P100 Office of INDIAN Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, assistant Counn, .Attorney i MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney 0 DATE: June.26, 201,7 eq Consent Agenda - B. C. C. 7.11.17 RIVER COUN'T'Y ATTORNEY SUBJECT: Airport Zoning Regulations Interlocal Agreement — City of Sebastian BACKGROUND. The City of Sebastian (the "City") owns and operates the Sebastian Municipal Airport (the "Airport"), which is located entirely within the City and is bordered by unincorporated Indian River County (the "County"). Chapter 333, Florida Statutes, implemented by the Florida Department of Transportation (the "Department"), regulates various aspects of the Airport and requires protection of airport operations from encroachment or conflicts arising from development that occurs in the vicinity of the Airport. In 1992, with the assistance of the Department, the County created and adopted an airport zoning regulations section of the County's zoning code. Section 911.17 of the Indian River County Code of Ordinances is attached. Those regulations provide protections for the Vero Beach, Sebastian and New Hibiscus airports, the three general aviation airports in the County. Protections include provisions for preventing and mitigating hazards from tall structures and conflicts relating to noise. The County's regulations were used as a "model ordinance" by the Department. Recently, changes were .made to Chapter 333, Florida Statutes, that require County action. Now, pursuant to section 333.03(1)(b), Florida Statutes, if an airport is owned or controlled by apolitical subdivision and if any other political subdivision has land upon which an obstruction may be constructed or altered which underlies any surface of the airport, the political subdivisions are required to either, 1) enter into an interlocal agreement to adopt, administer, and enforce a set of airport protection zoning regulations; or 2) create a joint airport protection zoning board to adopt, administer, and enforce such airport protection zoning regulations. In order to meet this statutory requirement, City and County staff have prepared the attached proposed Interlocal Agreement Between City of Sebastian and Indian River County Airport Zoning Regulations Chapter 333 Florida Statutes (the "Airport Zoning Regulations Interlocal Agreement"). The Airport Zoning Regulations Interlocal Agreement is in the same format as that approved on June 13, 2017, by the Indian River County Board of County Commissioners with the City of Vero Beach for the Vero Beach Regional Airport. F lAnomeyDfido1GENERALIB C CL1grido,Wm,1krpo Zoning IIA Sr600lndo P101 Board of County Commissioners June 26, 2017 Page Two Under the Airport Zoning Regulations Interlocal Agreement, the City and the County are required to proceed to concurrently develop, administer, and enforce updated airport protection zoning regulations and airport land use compatibility zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of the Airport, in compliance with Chapter 333, Florida Statutes. Per the Airport Zoning Regulations Interlocal Agreement, the County will be required to notify the City of any development permit applications having potential to create any new airport hazards or new incompatible use of land described in Chapter 333, Florida Statutes. In fact, such notification is already provided by planning staff under section 911.17, of the Indian River County Code of Ordinances and has been in place since 1992. Notification will be accomplished by the County's Technical Review Committee requesting input from the City during the application review process. Such requirement is consistent with section 902.10(2)(h) of the Indian River County Code of Ordinances, which already allows for input from other governmental agencies such as municipalities. Under the proposed Airport Zoning Regulations Interlocal Agreement, both the City and the County will be required to file their respective airport zoning codes, rules, and regulations, and any amendments and variances with the Department within 30 days after they are adopted. Staff supports the proposed Airport Zoning Regulations Interlocal Agreement and notes that no variances have been needed since 1992. The City Council for the City of Sebastian will be considering the Airport Zoning Regulations Interlocal Agreement at its regularly scheduled meeting on June 28; 2017. FUNDING. The cost for recording the Airport Zoning Regulations Interlocal Agreement will be .$44.00. The cost of recording will be split evenly between the City and the County. Funding for the County's portion of the expenditure, $22.00, 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 Airport Zoning Regulations Interlocal Agreement and authorize the Chair to execute the Airport Zoning Regulations Interlocal Agreement. ATTACHMENT(S). Indian River County Airport Zoning Regulations, Section 911.17 of the Indian River County Code of Ordinances Proposed Airport Zoning Regulations Interlocal Agreement F.IAnomWIDi d4lGEN7MLIBCCWMd-Mcm-M&P-nZ-i.SIL943ebodu da P102 Indian River County, FL Code of Ordinances Page I of 6 Section 911.17. - Airport zoning. (1) Title. This section shall be known as the Indian River County Airport Zoning Ordinance. (2) Purpose and intent. The purpose of this airport zoning ordinance is to provide both airspace protection and land use compatibility with airport operations in Indian River County. This section, through establishment ofairport overlay zones and corresponding regulations, provides for independent review of development proposals in order to promote the public interest in safety, health, and general welfare in Indian River County as well as to ensure that all publicly licensed airports in Indian River County can effectively function: Therefore, the Indian River County Board of Cormty Commissioners deems it necessary to regulate uses ofland located within or near the traffic patterns of airports through regulation of height of structures and objects of natural growth, and through regulation of land uses within noise impacted areas and runway clear zone areas. There is hereby adopted and established the official airport zoning regulations pursuant to the authorityconferred on the Board of County Commissioners of Indian River County, Florida, consistent with Chapters 163 and 333, Florida Statures. (3) Definitions. All terms defined in the Indian River County Land Development Regulations, ChaMa 901, are applicable in this section (4) Airport zones of influence. Indian River County hereby adopts On= (3) airport overlay zones which are shown on the county's official zoning atlas. These zones are established to regulate development in proximity to the following licensed public use airports located within Indian River County: Vero Beach Municipal Airport Sebastian Municipal Airport, and New Hibiscus Airport The location of these zones of influence is hereby established by this section. Boundaries of these zones of influence may be changed only by way of an amendment of the official zoning atlas, pursuant to section 902:12 of the land development regulations. All development applications for land within these zones of influence shall comply with the airport zoning regulations ofsection 91117. in addition, development within these airport overlay zones shall also comply with applicable underlying zoning district requirements as referenced in Cha tp er 91 l- Zoning, of the county s land development regulations. Following are the three airport overlay zones: - • Airport Height Notification Zone (Subzone A and Sulizone B; Airport Runway Clear Zone; and • Airport Noise Impact Zone. Where a zone of influence overlays a portion.of a property, only that portion within the zone shall be affected by the zone regulation Furthermore, in relation to applying nutway clear zone and noise impact zone requirements, use regulations shall apply to the structure or facilities constituting the use and shall not generally apply to accessory open space, landscape and buffering, stormwater management, or driveway and parking uses. (a) Airport height notification zone and regulations. Establishment of zone. The airport height notification zone is hereby established as an overlay zone on the adopted county zoning atlas. This zone is established to regulate the height of structures and natural vegetation for areas in proximity to the licensed public use airports located within Indian River County. The airport height notification zones, consists of two subzones, defined as follows: Subzone A. The area surrounding each licensed public use airport extending outward twenty thousand (20,000) feet from the ends and each side of all active runways. Subzone B. That area Within. the unincorporated area of the county not within airport height notification Subzone A. Height notification regulations. All development proposals for land within the height notification zone shall be forwarded to the Federal Aviation Administration (FAA) to be reviewed for conformance with the obstructions standards detailed in Title 14, Code of Federal Regulations, Part 77 Subpart C. (14 CFR Part 77). A proposed development shall be determined to be a "potential airport obstruction" if the proposed development would result in a structure or natural vegetation having a height greater than an imaginary surface extending outward and upward from the ends and sides of a publicly licensed airport active runway at a slope of one (I) foot vertical to one hundred (100) feet horizontal outward to twenty thousand (20,000) feet for Subzone A or two hundred (200) feet above ground level for Subzone B. Applicants of any development proposal determined by the county to result in a "structure(s) that constitutes a "potential airport obstruction" shag be issued a notice of potential airport obstruction during the development proposal review process by the community development director or his designee. No proposal for development will be approved for construction and no permit for construction will be issued for any proposal to construct any structure which is determined by the county to be a "potential airport obstruction" unless a county airport construction permit is granted or unless.a county airport obstruction variance is Pulled - Any proposed development which is not determined to be a "potential airport obstruction" is exempt from any airport height notification zone permitting regulations contained herein. . Airport construction permit procedures and criteria for approval. Any applicant affected by a notice of potential obstruction may apply to the community development director for an airport construction permit. about:blank 5/31/2017 P103 Indian River County, FL Code of Ordinances Procedures for obtaining an airport construction permit. Page 2 of 6 Applicants shall submit to the planning division a completed airport construction permit application fort (as provided by the county) and a copy of the notice of proposed construction form submitted to the FAA for the project. Permit requests may be considered by the community development director concurrent with development plan approval consideration. ii. Prior to permit requests being considered for approval, applicants shall submit to the planning division the final determination issued by the FAA based on its review of the applicants notice ofproposed construction submitted in accordance with 14 CFR Part 77. Criteria for granting an airport construction permit. Where the FAA has reviewed the proposed development and determined its construction would not exceed an obstruction standard of 14 CFR Part 77, the community development director shall grant a airport construction permit for the proposed development provided that a condition is attached to the permit approval to ensure that the approved structures) is marked and lighted prior to the issuance of a certificate of occupancy (C.O.) if so required by Chapter 14-60, in accordance with the standards of Rules of the Department of Tramponation and Federal Aviation Administration Advisory Circular 70n460-1, as amended. Where the FAA has reviewed a proposed development and determined that the proposed development exceeds the obstruction standards of 14 CFR Part 77, no airport constriction permit may be approved, and a county airport obstruction variance (see regulations below) must be obtained by the applicant for the proposed development to proceed Appeals. Actions of the community development director relating to granting or denying an airport construction permit may be appealed within fifteen (15) days of the decision rendered Appeals shall be heard by the board of adjustment and may be Sled by the applicant, staff, or any person aggrieved or taxpayer affected or governing body of a political subdivision or FDOT. All appeals shall be filed, reviewed 'and heard in a manner consistent with F.S. §§ 333.08 and 333.10. Airport obstruction variance procedures and criteria. Procedures for obtaining an airport obstruction variance. Applicants shall submit to the planning division a completed airport construction variance application form, as provided by the county. Variance requests shall be considered by the board of adjustment. The request may be approved, approved with condition or denied Prior to variance requests being scheduled for consideration by the board of adjustment, the applicant shall submit to the planning division the following: A copy of the notice of proposed construction form submitted to the FAA; - A final determination issued by the FAA based on its review of the applicants notice of proposed construction submitted in accordance with 14 CFR Part 77; • ,A valid aeronautical evaluation (tray consist of the evaluation performed by the FAA • .Comments from the FDOT or evidence that the FDOT has made no comments during its required forty-five (45) day comment timeframe. Said evidence shall include a return receipt showing that the FDOT comment time frame has been exceeded Criteria for granting an airport obstruction variance. Where the FAA has reviewed the proposed development and determined its construction would exceed an obstruction standard of I4 CFR Part 77, the .board of adjustment may grant an airport obstruction variance for a proposed development such a variance may be granted if the board determines that a literal enforcement of the regulations would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest (i.e. the development can be accommodated in navigable airspace without adverse impact to the county's public use airports or aviation operations) but would do substantial justice and be in accordance with the spirit of F.S. Ch. 333, and provided that: A condition is attached to the variance approval to require that the approved structuie(s)'is marked and lighted to indicate to aircraft pilots the presence ofan obstruction in accordance with'the standards of FAA Advisory Circular Number 7017460-10., as it may be amended Where such marking or lighf ng is required, such requirement shall be satisfied prior to the issuance of a Certificate of occupancy (C.O.) for the affected structure. FAA determines the, aeronautical evaluations submitted are valid- iii alidiii. Consideration is given to: The nature of the terrain and height of existing structures. about:blank 5/31/2017 P104 Indian River County, FL Code of Ordinances Page 3 of 6 z. Public and private interests and investments. 3. The character of flying operations and planned developmern of airports. 4. FAA designated federal airways. 5. Whether construction ofthe proposed structure would cause an increase in the minimum descent altitude or the decision height at the affected airport 6. Technological advances. 7. The safety of persons on the ground and in the sk. S. Land use density. 9. The safe and efficient use of navigable airspace. 10. The cumulative effectsonnavigable airspace of all existing structures, proposed structures identified in the applicable jurisdictions' comprehensive plans; and all other known proposed structures in the area. I1_ FAA determinations and results of aeronautical studies conducted by or for the FAA. 12. FDOT comments and recommendations, including FDOT findings relating to F.S. 333.025(1) standards and guidelines. 33. Comments and recommendations from local airport authorities. 14. Other testimony and findings of aviation operations and safety experts. Chapter 902 variance criteria shall not be applicable to airport obstruction variance requests. (b) Airport runway clear zone and regulations. 1. Zone estabfishmem. There is hereby created and established as an overlay zone on the adopted county zoning atlas a rtmwvay clear zone for areas at each end of every native runway at all publicly, licensed airports. Within a runway clear zone, certain uses are restricted or,prohibited to reduce incompatibiRties with normal airport operations and danger to public health. 2. Runway clear zone regulations. a. The following types of uses shall be prohibited within the runway clear zone: i. Educational centers (including all types of primary and secondary schools, pro -schools, child care facilities). ii. Hospitals, medical inpatient treatment facilities, nursingtconvalescent home facilities. Places ofxorship. b. about:blank 5/31/2017 P105 Indian River County, FL Code of Ordinances Page 4 of 6 Allowable uses. Any use which is.not.prohbited in a runway clear zone•as determinedin a. above, is allowable within thenroway clear zone, subject to compliance with applicable noise impact zone and zoning district regulations. C. Appeals. Determinations by the community development director; relating to use interpretations.invoMng section "a" above, may be appealed to the planning and zoning commission sitting as the airport zoning commission, in the manner prescribed by section 902.07(1) through (4) ofthe Code. Further e adjustment by an applicant or arty persona aggrieved or tax eraffected or appeal maybe made r the board e ggri pay governing body ora political subdivision or FDOT. All such appeals to the board of adjustment shall be filed, reviewed, and heard in a manner consistent with F.S. §§ 333.08 and 333.10. (c) Airport noise impact zone and regulations. 1. Zone establishment. There is hereby created and established as an overlay zone on the adopted county zoning atlas an aitport.noise impact zone for areas surrounding all publicly licensed airports. The noise zone is an area in which uses are restricted and special construction: standards are to be used tor minimize the impact of airport generated noise routinely produced by continuation ofnormal airport operations. The airport noise impact zone is defined as follows: An area contiguous to a publicly licensed airport measuring one-half (%,) the length of the longest active runway on either side of and at the end of each active runway centerline. For land use control purposes, this boundary shall be considered to be consistent with the sixty-five (65) to seventy (70) ldn zone determined by an official Part 150 Noise Study. Notwithstanding other provisionsof this section, should any publicly licensed airport conduct an official 14 CFR Part 150 study the boundaries of that airports noise impact zone shall be modified to comply with the official noise study, subject to amendment ofthe official zoning atlas as addressed in section 911.17(4) of these regulations. 2. Noise impact zone land use regulations. Provisions of this section shall apply to construction, alteration, moving, repair and use of any building or structure within the noise impact zone. a Permitted uses. The following uses shall be permitted within the established moise overlay zone, unless prohibited by overflight zone or zoning district regulations_ i. Governmental services. ii Transportation: Off -stmt parldng. iv. Offices, business and professional. v. Wholesale and retail building materials, hardware and farm equipir— vi. Retail trade—general. V11; Utilities, heavy or limited vik Communication. ix. Maaufacttumg—general. x. Photographic and.optical services. XL Mining and fishing, resource production and extraction. xii. Nature exhibits and zoos. xiii. Amusement parks, resorts and camps. about:blank 5131/2017 P106 Indian River County, FL Code of Ordinances Page 5 of 6 ziv. Golf courses, riding stables and water recreation. xv. Agricultural operations. xvi. Similar uses. Restricted uses and criteria The following uses shall be permitted within the established noise overlay zone, (unless prohibited by overflight zone or zoning district regulations) only ifthe proposed development complies with the applicable criteria described below-. Child care, transient lodgings, educational centers, residential (other than mobile homes), and similar uses. Developers of proposed child care facilities; transient lodgings, educational centers and residential uses (other than mobile homes) shall verify to the county in writing that proposed buildings are designed to achieve an outdoor to indoor noise level reduction (NLR) ofat least twenty-five (25) decibels. (Normal residential construction can be expected to provide an NLR of twenty (20) to twenty five;(25) decibels). Hospitals, homes for the aged, places of worship, auditoriums, concert halls and similar uses. Hospitals, homes for the aged, places of worship, auditoriums and concert halls shall verify to the county in writing that proposed buildings are designed to achieve an outdoor to indoor noise level reduction (MR) of at least twenty-five (25) decibels. Outdoor sports arenas, spectator sports and similar uses. Outdoor sports arenas and spectator sports facilities must be constructed with special sound reinforcement systems consistent with building code regulations. 1n lieu of providing written verification that a proposed building is designed for an NLR of twenty-five (25) decibels (as stated in i., ii., and iii. above), a developer may execute and record an aviation easement as provided in 911.17(4)(c)2.e. below. Prohibited uses. Uses which are not specified in section 9.11.17(4)(c)2.a. and b. as permitted or restricted are prolubited within the noise overlay zone Appeals. Determinations by the community development director, relating to use interpretations involving sections "a" or "b." or "c." above, may be appealed to the planning and zoning commission, sitting as the airport zoning commission, in the manner prescribed by section 902:07(1) through (4) of the Code. Further appeal may be made to the board of adjustment by an applicant any aggrieved person, taxpayer affected, governing body of a political subdivision, or FDOT_ All such appeals to the board of adjustment shall be filed, reviewed, and heard in a manner consistent with F.S. §§ 333.08 and 333.10. Aviation easements. An aviation easement is a legal document that grants to the ownedoperator of a nearby -airport a right to continue to operate the airport in a manner similar to current operations; despite potential nuisance effects upon uses that are being established in close proximity to the airport. Applicants choosing to provide an aviation easement shall execute said easement to the appropriate airport authority. The easement shall be in a form acceptable to the county attorney's office and shall be executed in a recordable form by the property owner. • Prior to release of a development site plan, • Prior to or via recording of a final plat, or • Prior to issuance of a bm7ding permit, as applicable. The property owner shall record the easement and pievide a copy of same to the county. (d) Special requirements applicable throughout the unincorporated area of the county. Notwithstanding any other provision of this section (911.17), no use may be made of land or water within the unincorporated area of the county in such a manner as to interfere with operation of an airborne aircraft using a publicly licensed airport The following special requirements shall apply to proposed developments: Solid waste disposal sites shall be reviewed in accordance with the State of Florida Department ofEnvironmental Regulation (DER) Rule Chapter 17-701; which requires the following: No solid waste disposal sites shall be permitted to be located as follows: Within ten thousand (10,000) feet of arty publicly licensed airport active runway used or planmd to be used by turbine powered aircrak or Within five thousand (5,000) feet of any publicly licensed airport active runway used only by piston type aircraft, or about. -blank 5/31/2017 P107 Indian River County, FL Code of Ordinances Page 6 of 6 So that it places the active runways and/or approach and departure patterns of an airport between the solid waste disposal site and bird feeding, water or roosting areas, or iv. Locations outside the above locations but still within the limits of any airport overlay zone(s) if determined by the FAA to pose a hazard. 2. Proposed developments wbich produce lights or illumination, smoke, glare or other visual hazards, or produce electronic interference with airport/ airplane navigation signals are subject to the standards specified in the FAA Procedures Mental 74ON2C, consistent with F.S. Ch. 333.03(3), Florida Statutes, as may be applied and enforced by the state and/or federal -governments. (e) Nonconforming rises. The regulations prescribed herein shall not be construed to require the removal, lowering, or other change to or alteration of any structure or natural vegetation not conformingto the regulations as of the effective date of this section, or to otherwise interfere with continuance of arty nonconforming use except as provided in 333.07(1) and (3). However, no pre-existing nonconforming structure, natural vegetation, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or to be replanted, so as to constitute an increase in the degree ofnonconformity with these regulations (911.17): Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, where the construction or alteration was begun prior to the effective date of this section and is completed within one (1)year thereafter. The provisions ofChaoter 904 of the land development regulations also apply to nonoonfonnities. (Ord. No. 93-7, § 1, 3-18-93) aboutNank 5/31/2017 P108 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND INDIAN RIVER COUNTY AIRPORT ZONING REGULATIONS CHAPTER 333 FLORIDA STATUTES THIS INTERLOCAL AGREEMENT is made and entered into this day Of , 2017, by and between the City of Sebastian, Florida, hereinafter referred to as the "CITY", and Indian River County, Florida, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY," WHEREAS, the CITY and the COUNTY constitute "political subdivisions" pursuant to chapter 333 of the Florida Statutes, with respect to the adoption and enforcement of airport zoning regulations under the provisions of that chapter; and WHEREAS, the CITY owns and operates the Sebastian Municipal Airport (hereafter the "AIRPORT') which is situated entirely within the municipal limits of the CITY and is bordered by unincorporated Indian River County; and WHEREAS, certain activities and uses of land in the immediate vicinity of airports as enumerated in s. 333.03(2), F.S., are not compatible with normal airport operations, and may, if not regulated, also endanger the lives of airport users, adversely affect their health, or otherwise limit the accomplishment of normal activities; and WHEREAS, some airport hazard areas appertaining to the AIRPORT are located wholly or partly in the territorial limits of the CITY, while other such arras are located wholly or partly in the territorial limits of the COUNTY; and WHEREAS, the CITY and COUNTY have heretofore adopted regulations pursuant to chapter 333, and those regulations will be updated, if necessary, in order to comply with subsequent changes to the statute; and WHEREAS, by entering into this Interlocal Agreement pursuant to the provisions of s. 163.01 and s. 333.03(b)1., F.S., the CITY and the COUNTY acknowledge their obligation, in conformity with s. 333.03(1)(b)1., F.S., to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard areas, and to the extent allowed by law restrict the use of land adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with the continuation of normal airport operations including landing and takeoff of aircraft in order to promote public health, safety, and general welfare. NOW, THEREFORE, in consideration of the forgoing and the mutual covenants hereinafter contained, it is agreed between the CITY and the COUNTY as follows: Section 1. Airport Zoning Regulations Pursuant to the procedures specified in s. 333.05, F.S., the CITY and the COUNTY shall proceed to concurrently develop, administer, and enforce updated airport protection zoning regulations and airport land use compatibility zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of the AIRPORT, in compliance with Chapter 333, Florida Statutes. Nothing in this Agreement shall obligate the CITY or the COUNTY to revise its land development regulations to regulate: (1) the height that trees are permitted to grow, (2) the offsfte impacts of lights P109 and illumination used in connection with streets, parking, signs and uses of land; (3) the offsite use of high energy beam devices; or, (4) activities that produce offsite interference with navigational signals or radio communications, except to the extent the COUNTY shall voluntarily obligate itself to do so pursuant to an amendment to this Agreement executed pursuant to the provisions of s. 163.01 and s. 333:03(b)l ., Florida Statutes. Section 2. Development Review. The CITY and the COUNTY acknowledge their respective obligations, in conformance with s. 333.03(1)(b)l., F.S., to adopt, administer and enforce airport protection zoning regulations and airport land use compatibility zoning regulations to the extent allowed by law to restrict the incompatible uses specified in s. 333.03(2), F.S. The COUNTY shall notify the CITY of any development permit applications having potential to create any new airport hazards or new incompatible use of land described in Chapter 333, F.S. The County's Technical Review Committee shall request input from the CITY during the application review process. The CITY and the COUNTY shall use Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution Act to resolve any disputes. Section 3. Notices Any notice to the CITY shall be sent to: City of Sebastian Airport Director's Office 202 Airport Drive East Sebastian, Florida 32958 Any notice to the COUNTY shall be sent to: County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 With a Copy to: City of Sebastian City Manager 1225 Main Street Sebastian, Florida '32958 With a Copy to: County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 Section 4. No Financial Liability. Attomey's fees and Costs. This Agreement shall not be construed to provide any party hereto with a right to monetary damages or to otherwise impose any financial liability upon any party hereto. In any action to enforce this Agreement, or any resolution, proceeding or any other dispute arising under this Agreement, each party shall bear its` own attorney's fees and costs. Section 5. Disclaimer of Third -Party Beneficiaries. This Agreement is solely for the benefit of the CITY and the COUNTY and no right, privilege or cause of action shall by reason hereof accrue upon, to, or for the benefit of any third party, including without limitation any other municipality, county, state agency or federal agency. Nothing in this Agreement is intended or shall be construed to confer 2 Pilo upon or give any person, corporation, partnership, trust, private entity, agency or other. governmental entity any right, privilege, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof. This Agreement is not intended nor shall it be construed to be a development agreement within the meaning contemplated in Sections 163.3220-3243, F.S. Section 6. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida. Venue for any action to enforce any of the provisions of this Agreement shall be in the Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida. Section 7. RegQnLmg and Filing. This Interlocal Agreement (and all future amendments hereto, if any) shall be recorded in the Public Records of Indian River County, Florida and filed with the FDOT (Aviation Office MS -46) pursuant to ss. 333.03(3) and 163.01(11), F.S. The CITY and the COUNTY shall file their respective airport zoning codes, rules, and regulations, and amendments and proposed and granted variances thereto with FDOT pursuant to s. 333.03(3), F.S., within 30 days after they are adopted or issued. Section 8. Term. Amendment and Termination of Agreement. The term of this interlocal Agreement shall be thirty years from its effective date. However, prior to its expiration, the parties shall either (1) execute a replacement interlocal agreement; or (2) create a joint airport protection zoning board, as required by s. 333.03(1)(b), F.S. This Agreement may be amended from time to time pursuant the provisions of s. 163.01, F.S. Section 9. Effective Date. This Interlocal Agreement shall become effective upon its execution by both parties and its recording with the Clerk to the Board pursuant s. 163.01(11). F.S. IN WITNESS WHEREOF, the parties hereto have executed the AGREEMENT on the date entered in the first paragraph above. REMAINDER'OF PAGE INTENTIONALLY LEFT BLANK 3 P111 Indian River County Attest Jeffrey R. Smith, CPA, CGFO., CGMA Board of County Commissioners of Indian INDIAN RIVER COUNTY River County CLERK OF THE CIRCUIT COURT AND COMPTROLLER By: Joseph E. Flescher, Chairman Deputy Clerk p Date: Approved as to form and legal sufficiency. By: Print: STATE OF FLORIDA COUNTY TY OF INDIAN i AN RIVER The foregoing instrument was acknowledged before me this day of 2017, by Joseph E. Flescher, as Chairman of the Board of County Commissioners of Indian Riv er County. is He personally y known to me or produced as identification and did/did not take an oath. NOTARY PUBLIC Sign: Print:, State of Florida at Large Commission No. 'My Commission Expires: II 4, 012 ATTEST: Sign: Jeanette Williams, MMC City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN Sign: Bob McPartlan Mayor The foregoing instrument was acknowledged before me this day of . 2017, by Bob McPartlan, as Mayor, and attested by Jeanette Williams, as City Clerk of the City of Sebastian, Florida. They are both known to me and did not. take an oath. Approved as to form and legal sufficiency: Robert Ginsburg City Attorney Approved as to technical requirements: Scott Baker Airport Director NOTARY PUBLIC Sign: Print: State of Florida at Large Commission No. My Commission Expires: ADMINISTRATIVE REVIEW Approved as conforming to municipal policy: Joe Griffin City Manager Approved as to technical requirements, Dord Bosworth . Planning and Development P113 8-H CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 30, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommended Selection of Consultants for RFQ 2017029 — Asset Management Services for Utilities BACKGROUND: On behalf of the Indian River County Department of Utility Services (IRCDUS) and in accordance with FS 287.055, Requests for Qualifications (RFQs) were solicited for professional consulting engineering services for development and implementation of a comprehensive Asset Management Program (AMP). The fundamental objective of the project is to provide a planning document to strategically guide a phased implementation of Asset Management. RFQ RESULTS: Advertising Date: RFQ Opening Date: DemandStar Broadcast to: RFQ Documents Requested by: Replies: February 12, 2017 March 22, 2017 at 2:00 pm 624 Subscribers 52 Firms 7 Firms ANALYSIS: A selection committee comprised of Vincent Burke, P.E., Director of Utility Services, Arjuna Weragoda, P.E., Capital Projects Manager, Terry Southard, Utilities Operations Manager, Will Rice, GIS Manager and Kevin Osthus, GIS Coordinator, independently evaluated and scored the received statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The top four ranked firms were invited to participate in interviews, with the fourth ranked firm declining. After interviews with the top three firms, the committee members again independently ranked the firms and a committee ranking was compiled. The final rankine established by the committee is - Proposing Firm Location 1. Arcadis U.S., Inc. Tampa 2. Atkins North America, Inc. Tampa 3. CDM Smith, Inc. Vero Beach P114 CONSENT AGENDA Paroposing Firm Location 4. Carollo Engineers, Inc. Sarasota 5. EMA Inc. St. Paul, MN 6. Raftelis Financial Consultants Casselberry 7. Buchanan & Associates Salem, OR FUNDING: Funding for this work is budgeted in the Administrative and Engineering Division operating budget. Once negotiations are complete, the funds will be transferred to the Other Professional Services Account 47123536-033190. Operating funds are derived from Water and Sewer Sales. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top ranked firm (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. P115 61 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 30, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommended Selection of Consultants for RFP 2017045 — Benefits Consultant/Broker/Actuarial Services BACKGROUND:. Requests for Proposals (RFPs) were solicited for healthcare benefits consulting services. Our previous broker agreement with the Gehring Group, Inc. expired in May of this year. RFQ RESULTS: Advertising Date: RFP. Opening Date: DemandStar Broadcast to: RFP Documents.Requested by: Replies: February 22, 2017 March 23, 2017 at 2:00 pm 619 Subscribers 42 Firms 6 Firms ANALYSIS: A selection committee comprised of the Human Resources Director, Budget Director, Benefits/Payroll Administrator, Risk Manager and the Sheriff's Office Assistant Human Resources Director independently evaluated and scored the received proposals in accordance with the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The -top three ranked firms were invited to participate in interviews. After the interviews, the committee members again independently ranked the firms and a committee ranking was compiled. The final rankine established by the committee is: P116 Proposing Firm Location 1. Lockton Companies Miramar, FL 2. The Gehring Group, Inc. Palm Beach Gardens, FL 3. Gallagher Benefits Services, Inc. Orlando, FL 4. 1 Aon Consulting, Inc. Tampa, FL 5. March & McLennan Agency Fort Lauderdale, FL 6. 1 USI Insurance Services Fort Lauderdale, FL P116 CONSENT AGENDA P117 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 30, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Master Agreement for Building Division Document Imaging Services and Products with DataBank IMX BACKGROUND: The Building Division is in possession of property and structure records dating back to the early 1900s. These records are in the form of microfiche, paper plans and index cards. Many requests are still received for information contained in these records, and as such the Building Division would like to retain them, even though it is not required under the Florida Administrative Code. Extracting the information often requires cross-referencing among the sources and extensive staff time. EVALUATION Over the past year, Building Division staff have met with vendors offering imaging services to discuss options for conversion of these records into electronic format. Ultimately, staff determined that OSAM Document. Solutions, Inc. ("OSAM") best meets its needs and addressed its concerns for safeguarding of the materials, thorough indexing of the documents and ultimate conversion to pdf. The County can directly contract with OSAM without requirement for bids, based on the General Services Administration (GSA) Contract (Number GS- 35F0057AA), and a Purchase Order for the work was issued on April 17, 2017. OSAM subsequently requested execution of additional terms and conditions, and negotiations ensued. Staff and OSAM have come to consensus on the terms and the attached agreement has been prepared. OSAM is a wholly-owned subsidiary of DataBank IMX ("DataBank"), and the attached agreement has been executed by DataBank. FUNDING/BUDGET AMENDMENT: Funding for the document imaging in the amount of $119,734.83 has been encumbered against account 44123324-033490 — Building Department, Other Contractual Services. P118 P119 MASTER AGREEMENT DOCUMENT IMAGING SERVICES AND PRODUCTS This Agreement for Document Imaging Services and Products (the "AGREEMENT") is made effective as of May 8th, 2017 (the "Effective Date") by and between OSAM, a wholly owned subsidiary of DataBank IMX, LLC., a Delaware Limited Liability Corporation with its principal offices located at 620 Freedom Business Center #120, King of Prussia, PA 19406, ("DataBank IMX") and Indian River County, a Florida county with its principal offices located at 180127`" Street, Vero Beach, FL 32960-3388 ("CUSTOMER"). WHEREAS, CUSTOMER desires to digitize certain of its documents, WHEREAS, DataBank IMX desires to provide CUSTOMER with document imaging services and related products; NOW, THEREFORE, in consideration of the foregoing and the mutual promises set forth herein, and intending to be legally bound, the parties enter into an AGREEMENT as follows: 1. Services/Products: This is a master AGREEMENT to which signed statements of work ("Statements of Work") may be attached by the parties from time to time. DataBank IMX shall provide the services ("Services") and/or products ("Products") as set forth in such Statement(s) of Work, each of which shall be attached hereto as Exhibit(s) A, A.1, A.2, and so on. Each Statement of Work will be effective as of the date it is signed. by an authorized representative of each party. If any term of a Statement of Work conflicts with the terms of this AGREEMENT, the terms of the Statement of Work will control. DataBank IMX will commence Services or delivery of Products in accordance with a Statement of Work. 2. Pricing/Schedule of Charges: The prices CUSTOMER agrees to pay DataBank IMX for Services and Products shall be set forth in the applicable Statement of Work. 3. Payment Terms For Products and Services: Payment shall be made in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. 4. Taxes: CUSTOMER shall be responsible for all sales taxes, use taxes and any other similar taxes and charges of any kind imposed by any federal, state or local government entity on the transactions contemplated by this AGREEMENT, excluding only taxes based solely upon DataBank IMX's income. When DataBank IMX has the legal obligation to pay or collect such taxes, the appropriate amount will be invoiced to and paid by CUSTOMER unless CUSTOMER provided DataBank IMX with a valid tax exemption certificate authorized by the appropriate taxing authority. 5. Term: The term of this AGREEMENT shall be for one (1) year from the Effective Date (the "Initial Term"), which term may be extended to the extent a Statement of Work is in effect. The parties may renew the term of this AGREEMENT for successive one (1) year terms upon their written agreement. DataBank IMX shall, within thirty (30) days of expiration or termination of this AGREEMENT, deliver to CUSTOMER all deliverables created under outstanding Statements of Work. 6. Termination: This AGREEMENT may be terminated as follows: If CUSTOMER fails to make any undisputed payment hereunder, and fails to cure such breach within P120 OSAM Document Solutions, Inc. thirty (30) days after receiving written notice from DataBank IMX, then DataBank IMX may immediately and without further notice, terminate this AGREEMENT and declare all sums due and to become due hereunder, immediately payable. If either party materially breaches any term or condition of this AGREEMENT and fails to cure such breach within sixty (60) days after receiving written notice of the breach, the non -breaching party may terminate this AGREEMENT on written notice at any time following the end of such sixty (60) day period. if CUSTOMER elects to terminate this AGREEMENT for any reason, at any time following the first anniversary by providing at least ninety (90) days written notice. Either party may terminate this AGREEMENT immediately upon notice of appointment of a receiver, or an assignee for the benefit of creditors of the other party, or in the event of any insolvency of the other party, except as may be prohibited by applicable bankruptcy laws. Either party may terminate this AGREEMENT with thirty (30) days' notice. 7. Intellectual Property Infringement. DataBank IMX will indemnify, defend and hold harmless CUSTOMER, its affiliates, and their respective officers, directors, employees and agents against any and all liabilities loss, damage or expenses (including reasonable attorney's fees), to the extent such liabilities, loss, damage, or expenses are based upon a claim that Services or Products infringe upon the rights of third parties, including any trademark, copyright, or patent right. 8. Limits of Liability: DataBank IMX shall indemnify and hold harmless the County, and its officers, Commissioners 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 DataBank IMX and persons employed or utilized by DataBank IMX' in the performance of the Work. DATABANK TAKES COMMERCIALLY REASONABLE STEPS TO DESIGN ITS SOFTWARE TO PROTECT THE SECURITY OF DATA SUBMITTED BY USERS, BUT IT DOES NOT AND CANNOT GUARANTEE THAT ITS SOFTWARE IS 100% SECURE FROM HACKING OR UNAUTHORIZED ACCESS. FURTHER, DATABANK DOES NOT CONTROL THE SERVERS ON WHICH ITS PORTAL WILL BE HOSTED, OR THE COMPUTERS, DEVICES, OR THE INTERNET OVER WHICH USERS MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION. DATABANK THEREFORE CANNOT PREVENT INTERCEPTIONS OR COMPROMISES TO USER DATA WHILE IN TRANSIT TO PROVIDER, NOR CAN DATABANK PREVENT ALL UNAUTHORIZED ACCESS TO [CUSTOMER'S] COMPUTER NETWORKS OR THE DATA STORED ON [CUSTOMER'S] COMPUTER NETWORKS. DATABANK MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED BY MEANS OF DATABANK'S SOFTWARE OR PORTAL. [CUSTOMER] UNDERSTANDS AND ACKNOWLEDGES THAT IT IS RESPONSIBLE FOR MAINTAINING THE SECURITY OF ITS COMPUTER NETWORKS, AND IT AGREES TO DEFEND AND INDEMNIFY DATABANK AGAINST ANY THIRD PARTY CLAIM BROUGHT AGAINST DATABANK THAT ARISES FROM OR RELATES TO HACKING, A BREACH OF SECURITY, OR OTHER UNAUTHORIZED ACCESS TO DATA SUBMITTED THROUGH DATABANK'S SOFTWARE OR PORTAL. 9. Confidentiality: Each party (the "Recipient") acknowledges that it has or may be exposed to confidential and proprietary information of the other party (the "Disclosing Party"). For purposes of this AGREEMENT, "Confidential Information" shall mean any confidential or proprietary information of a Disclosing Party that is marked or otherwise designated in writing as confidential or would appear to a reasonably prudent person to be non-public, confidential or proprietary in nature, and includes, without limitation, trade secrets, technical information, business and product information, and information regarding, third -party suppliers and customers. Confidential Information shall not OSAM Document Solutions Confidential Page ii P121 OSAM Document Solutions, Inc. include (i) information already known or independently developed by the. Recipient without reference to the Disclosing Party's Confidential Information; (ii) information in the public domain through no wrongful act of the Recipient; (iii) information received by the Recipient from a third party who was free to disclose it without obligation to the Disclosing Party or any third party; or (iv) information disclosed by the Recipient as required by law, provided that the Recipient provides the Disclosing Party with prior notice in sufficient time before disclosure, so that a reasonable protective order may be sought. Except as expressly authorized by the Disclosing Party, the Recipient shall not disclose the Disclosing Party Confidential Information to any person or entity, except to the Recipient's employees or agents having a "need to know", and shall not use the Disclosing Party`s Confidential Information for purposes other than performing this AGREEMENT. The Recipient and its personnel shall use at least the same degree of care in safeguarding the Disclosing Party's Confidential Information as the Recipient uses in safeguarding its own confidential information, but in no event less than a reasonable degree of care. The provisions of this Section shall survive the termination or expiration of this AGREEMENT. 10. Notices: Written notices under this AGREEMENT may be given by personal delivery, by registered or certified mail, postage prepaid, return receipt requested, or by commercial carrier requesting overnight delivery. Notices shall be deemed communicated upon receipt. Notices to CUSTOMER shall be delivered to , Attention: with a copy to Attention: Legal Department (Contracts). Notices to DataBank IMX shall be delivered to DataBank IMX LLC., 620 Freedom Business Center #120, King of Prussia, PA 19406, Attention: Contract Compliance Administrator with copy to DataBank IMX LLC., 900 S Goldenrod Rd, Orlando, FL 32822. 11. Assignment: This AGREEMENT may not be assigned by either party without the prior written consent of the other party. Such consent shall not be unreasonably withheld. Notwithstanding the foregoing, either party may assign this AGREEMENT in whole to an affiliate, or in connection with the transfer or sale of all or substantially all of its business or business unit to which this AGREEMENT pertains, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all obligations of its assignor under this AGREEMENT. 12. Attorney's Fees: If any action is brought to enforce or interpret the terms of this AGREEMENT, whether in court or other tribunal, in each case having jurisdiction, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief granted. 13. No Waiver: All rights and remedies conferred under this AGREEMENT or by any other instrument or law shall be cumulative, and may be exercised singularly or concurrently. Failure by either party to enforce any provision of this AGREEMENT shall not be deemed a waiver of future enforcement of that or any other provision of this AGREEMENT. 14. Governing Law: This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any lawsuit brought by either party against the other parry or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the federal jurisdiction, in the United States District Court for the Southern District of Florida. 15. Parties Relationship: Nothing in this AGREEMENT shall be construed as creating any joint venture, partnership or agency relationship between the parties for any purpose whatsoever or as constituting either party as the legal representative, employee or agent of the other. OSAM Document Solutions Confidential Page iii P122 OSAM Document Solutions, Inc. 16. Successors and Assigns: This AGREEMENT shall be binding on and inure to the benefit of the parties, their successors, and permitted assigns. 17. Severability: If a court or other tribunal, in each case having jurisdiction, holds any provision of this AGREEMENT to be illegal, unenforceable or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions shall not be affected. 18. Counterparts: This AGREEMENT may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 19. Change in Scope. CUSTOMER hereby acknowledges that the rates and charges for the Services within a Statement of Work are based upon, among other factors, the Assumptions set forth on such Statement of Work. DataBank IMX, therefore, reserves the right to change its rates and charges to CUSTOMER under any given Statement of Work if the Assumptions are materially different than the circumstances presented by the CUSTOMER. In the event CUSTOMER requests any change in the Services after execution of any given Statement of Work, the parties may agree to modify.the Statement of Work to reflect such changes. If the changes impact labor, materials, time or other direct or indirect costs, then new prices will be mutually determined by DataBank IMX and CUSTOMER. The parties agree that DataBank IMX shall not be required to perform any additional or modified Services until such time as the parties shall have executed and delivered to the other written amendments to the Statement of Work (including its pricing schedule and payment terms) to reflect such additional or modified Services. 20. Warranties: DataBank IMX warrants to CUSTOMER that: (i) all Services provided hereunder shall be performed in a competent, timely and workmanlike manner and consistent with generally accepted industry standards, and each of DataBank IMX' employees, independent contractors or agents assigned to perform the Services shall have the training, background and skills reasonably commensurate with the level of performance required under this AGREEMENT; and (ii) all Products provided by DataBank IMX hereunder will be free from material defects and perform substantially in accordance with their documentation, and DataBank IMX shall promptly correct any Product errors or malfunctions at no charge to CUSTOMER, and if DataBank IMX is unable to correct such errors or malfunctions, then it shall reimburse CUSTOMER the amounts paid for such Product. Except for the foregoing, DataBank IMX makes no warranties, including warranties of fitness or merchantability. 21. Survival: The terms and provisions of this AGREEMENT that, by their sense and context, are intended to survive the completion or termination of this AGREEMENT shall so survive the completion of performance and termination of this AGREEMENT, including, without limitation, Sections 6 through 23. 22. Publicity: Neither party shall publish any advertising, marketing, sales promotion or other publicity matter relating to products furnished or services performed or contemplated by this AGREEMENT wherein the other party, its affiliates, or the names of their respective customers or personnel, are mentioned, without such other party's prior written approval. 23. Non -Solicitation of Employee(s) Policy: The parties agree that during the term of the agreement and for three years thereafter, they shall not solicit or encourage, or cause others to solicit or encourage, any of the other party's' employees or contractors or any affiliate to terminate their employment or engagement . Each party shall not, directly or indirectly, hire any then -current or OSAM Document Solutions Confidential Page iv 123 OSAM Document Solutions, Inc. former employee or contractor of the others and shall not solicit any then -current customer or an affiliate or any prospective customers made known to it by the other party for any business relating to in anyway, the business of the party or otherwise interfere with the business relations between the party and any such customers. 24. Entire Agreement: This AGREEMENT, including any executed Statements of Work, constitute the entire AGREEMENT between CUSTOMER and Data Bank IMX regarding its subject matter and may be amended only by a writing executed by both. This AGREEMENT supersedes all agreements, proposals, oral or written, and other communications between the parties relating to the subject matter:of this AGREEMENT. No amendment or modification to this AGREEMENT and no waiver of any provision shall be valid unless in writing and signed by both parties. If either party issues a purchase order, invoice, sales acknowledgement, memorandum or other instrument hereunder, such instrument shall be for such party's internal purposes only, and any and all terms and conditions contained therein, whether printed or written, shall not vary, modify or add to the terms. and conditions of this AGREEMENT. 25. Attachments: The following documents are attached hereto as Exhibits, and are incorporated by reference in their entirety: Exhibit A (Statement of Work for Document Conversion Services (Pricing Schedule) - included with SOW Additional documents such as Change Orders and/or Evidentiary Attachments to the Statements of Work for additional Document Conversion and/or Scanning Services, etc. may be subsequently attached to this AGREEMENT when duly executed and approved by both parties. 26. 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 publicrecordsCcDircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960. DataBank IMX shall comply with public records laws, specifically to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency 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 this chapter 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 public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of DataBank IMX or keep and maintain public records required by the public agency to perform the service. If DataBank IMX transfers all public records to the public agency upon completion of the contract, DataBank IMX shall destroy any duplicate public records that are OSAM Document Solutions Confidential Page v 24 OSAM Document Solutions, Inc. exempt or confidential and exempt from public records disclosure requirements. If DataBank IMX keeps and maintains public records upon completion of the. contract, DataBank IMX shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency." IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their respective, duly authorized representatives, as of the Effective Date. Indian River County Company Name ("Client") By (Signature) Printed Name and Title Dated OSAM Document Solutions Confidential OSAM Document Solutions, Inc., a subsidiary of DataBank IMX Company Name ("DataBank") By (Signature) William G. Pfeiffer - Southern Area SVP Printed Name and Title 06 / 05 2017 Dated Page vi 25 OSAM Document Solutions, Inc. OSAM Document Solutions, Inc. Subsidiary of DataBank IMX Table of Contents VERSIONCONTROL............................................................................................................................................... 9 DOCUMENT ATTRIBUTES................................................................................................................................................. 9 REVISIONHISTORY........:.................................................................................................................................................9 INTRODUCTION/OVERVIEW ............................. .......... ........ .... .. .......................... ................ 10 ..... ..... ......... OBJECTIVE................................................................................ ...... ................... ........................ 10 PROJECT NARRATIVE.............................................................................:......... .................. ..... 10 SCOPEOF SERVICES .............. :.............. .... ................. ....:.............................. .............. :............................................. 11 VOLUMEBREAKDOWN...........................:..........................................................................................................13 COMPENSATION AND PAYMENT SCHEDULE................................................................................................ 14 CHANGE ORDER AUTHORIZATION......................................................... ......... .................... ....... 14 BINDING AFFECTS -AND AGREEMENTS .............................. :...... ........................................... :...... :.................. 15 ACCEPTANCE OF SOW......... ...................... .........................................................................15 OSAM Document Solutions Confidential Page viii P127 OSAM DOCUMENT SOLUTIONS, INC. Subsidiary of DataBank IMX Version Control Document Attributes Document Name Statement of Work Document Identifier Microfilm Scanning Project Revision History 10 1.0 9-20-16 Glenn Walther Original Version 11-01-16 Glenn Walther Updated pricing 11-07-16 Glenn Walther Change to pricing 3-23-2017 Glenn Walther Revised pricing for GSA Version 12.2015 128 OSAM DOCUMENT SOLUTIONS, INC. Subsidiary of DataBank IMX Introduction/Overview OSAM Document Solutions Inc., a subsidiary of DataBank, and Indian River County are engaging in a project involving the digitization of the Building Plans and.Permits for Indian River County. Indian River County currently has 305 rolls of 16mm microfilm and 420 roll of 35mm microfilm. The plan is to digitize these images and index by the plan number or permit number. OSAM Document Solutions, Inc. was acquired by DataBank 3 years ago. OSAM Document Solutions has the GSA Contract that is being used for pricing for this proposal. Objective The objective of this document is to present the project scope, deliverables, assumptions, and services estimate for implementing the solution for Indian River County. It will also serve to solicit approval from Indian River County to move ahead with the described activities upon receipt of a signed copy. Project Narrative This engagement is intended to capture the digital images of the Building Plans and Permits of Indian River County and provide document classification services to properly identify each document type. These records are located in Indian River County, Florida. I. OSAM Document Solutions, Inc., a subsidiary of DataBank, will pick up all documents specified by Indian River County for digitization. 2. While documents are in possession of OSAM Document Solutions, Inc., a subsidiary of DataBank, Indian River County will have access to records through OSAM Document Solutions, Inc., a subsidiary of DataBank's record retrieval process. Procedures for this will be provided to Indian River County during initial project kick-off. 3. The volumes of the initial project are estimated at 305 rolls of 16mm microfilm and 420 rolls of 35mm microfilm. Total images are estimated at 1,000,000. Scanning is to be done at 30ODPI black and white. 4. Indexing will only be done by one method: Plan will be indexed by plan number and permit number & Permit will be indexed by plan number, permit number and address 5. Visual verification and basic sampling will be performed to ensure that all images are legible and properly scanned for optimal viewing. 6. OSAM Document Solutions, Inc., a subsidiary of DataBank, will provide images and indices on DVD media or secure electronic drive or transmit via secured FTP if so desired. 7. Indian River County will also be provided with greyscale images of the plan documents. This will allow Indian River County to have an enhance -able image to revert in the case where the original image"may have shading or quality issues. 8. Film Rolls will be returned upon completion. Version 12.2015 129 OSAM DOCUMENT SOLUTIONS, INC. Subsidiary of DataBank IMX Scope of Services The scope of this initiative will be limited to the following activities: 1. Project Initiation/Planning 2. Document Pickup 3. Document Manifesting 4. Document Scanning 5. Document Indexing/Classification 6. Document Quality Control 7. Document Delivery 8. Document Hosting -s - x n r r •� /� {.,i V J "K�.L rS � S _ Iryy* ✓�.,�'�%er-. �+t" "mxra, � x .cJr •f K.. r si Y' '�" .x rax- r •r /' .. 3." �i.'yi' � it'�� ..�' S� •'6!t .�IM F'." ." N ^I � � Ai(�"_ ° t .C1C`��Y-�1�s ,r f :•;"r,;.F'1..f�ar'n..rrr.-..K; to '�+. riw.irl YevlY ,tY `6n 4 rl{r��r.: n tifi� .`k",� ' r F ��_ .trt r r J��' ukE::x�' � 4� •%uA �tia"u Project Initiation/Planning ■ Internal project review and team assignment ■ Schedule document review meeting with Indian River County and OSAM Document Solutions, Inc., a subsidiary of DataBank, team to review any potential scan or document classification challenges • Production Schedule to be provided by OSAM Document Solutions, Inc., a subsidiary of DataBank Document Purge/Pickup OSAM Document Solutions, Inc., a subsidiary of DataBank will provide team to pull boxes of rolls from shelves in at location. ■ Boxes will be identified by range within box ■ Manifesting of rolls will occur at OSAM Document Solutions, Inc., a subsidiary of DataBank location ■ Pickup schedule will be decided mutually between OSAM Document Solutions, Inc., a subsidiary of DataBank and Indian ' River County Document When records arrive at OSAM Document Solutions, Inc.,. a Manifesting/Record Removal subsidiary of DataBank, we will make record of every individual roll contained within the box . ■- Indian River County will be provided with database of rolls manifested during this process ■ OSAM Document Solutions, Inc., a subsidiary of DataBank will utilize this manifest list to ensure that each and every roll is electronically captured, identified, and delivered to Indian River County Version 12.2015 130 OSAM DOCUMENT SOLUTIONS, INC. Subsidiary of DataBank IMX rQ yit3L�h�¢, �A:�{.-'.1�'S' �:v.K•yJ.• ..6�'%I �.�.i.I'r,•:ti .YC� ,.'.�(�'Y `:1'L^:Q::1!•'�:1. � fL�"'. M1�i s ��' rwF'-r`uT ,�T.,.�,l,w� �v'�l `t�h, " Y..n, %• f m+kiy ifv�y�:hyf��pQ c��..,�Y. 1�ChVlty``�� -,:r.: % i �:. �!. 19�,`.hi._k �2 �U-44 :E S f. •l � r� '. - .... ...., <t ro5.`. .3 vh a,��. ,#lAmS!."•,l�'.3nYi,.+:: `.!r rd' :k` �r>'.k'a 'v�.. £`,.f; BY^� Document Scanning ■ Building Plans and Permits will be scanned as 30ODPI multipage PDF images ■ Each document will be saved as a multipage file ■ Scanners are maintained and monitored to prevent image degradation. ■ Scanners are set at a threshold to produce the best possible image from all image quality types within the files ■ All roll film images will be captured. There will be no decision made on whether or not an image is a true image to the plan set included on the roll. Document Indexing Indexing will be accomplished by the following method: o Plan will be indexed by plan number and permit number & Permit will be indexed by plan number, permit number and address Document Quality Control Basic QC o Images are inspected for quality (skewing, double feeds, contrast, and readability) as part of the scanning process. o OSAM Document Solutions, Inc., a subsidiary of DataBank will give best efforts to provide clear, legible images from the film. However, because of the age and condition of the rolls, we cannot guarantee the quality of the images produced. Pickup/Delivery One single pickup from Indian River County will take place for all Building Plans and Permits designated for project. ■ At completion'ofproject, all Building Plans and Permits will be returned to Indian River County. Service Level Agreement . From each delivery, Indian River County will have four weeks to inspect documents for errors. After this time, all work is accepted as completed. Version 12.2015 131 OSAM DOCUMENT SOLUTIONS, INC. Subsidiary of DataBank IMX Volume Breakdown The following is a summary of the Building Plans and Permits and the estimated pages to be captured. As there is no method to determine actual frames on each film roll until they have been scanned, the numbers below are estimates. BOX 1 2 3 4 5 6 7 Total Images 16mm Rolls 16mm Images 35mm Roles 0 0 101 0 0 102 0 0 51 0 0 97 57 125,400 66 35mm Images 70,700 71,400 35,700 67,900 46,200 87 191,400 53 37,100 161 354,200 0 0 305 671,000 470 329,000 All volumes shown to complete the project are estimations of the anticipated amount needed to complete the project. Indian River County will be invoiced based on the amount of volume and time actually required to complete the project. Pricing also assumes that the processes defined in this SOW are followed during the project duration. Any changes in scope or service level may involve additional proposed services or pricing. This quotation.is good for 30 days, from date of document. Payment terms are net 30 days. This SOW pricing supersedes all other contracts for services. Version 12.2015 132 OSAM DOCUMENT SOLUTIONS, INC. Subsidiary of DataBank IMX Compensation and Payment Schedule Work to be performed under the GSA Contract Number GS-35F-057AA. The pricing configuration below includes the indexing of the address. This is a fixed price bid based upon not exceeding the volumes above. Please see the pricing table below that outline the GSA Contract pricing being allocated. Includes the Indexing of Address for Retrieval Scope of Microfilm Conversion Services Description Hours Hourly Rate Amount Scanning and indexing services Senior Subject Matter Expert 1858 $ 55.97 $ 103,992.26 Scanning and indexing, Managerial Review. Program Manager 166.5 $ 94.55 $ 15,742.57 TOTAL PRICE FOR SERVICES $119,734.83 Vendor will charge and bill services fees to Indian River County for the deployment services provided under. this SOW in the following manner: 1. Services will be billed on a monthly basis based upon work performed and delivered during that months processing. 2. Services will be detailed by line item and hours on every invoice Change Order Authorization In the event that additional services are required outside the scope of this SOW a change order will be generated. The change order will contain the details of the extension to this SOW and will contain Time and Cost estimates. Once the change order has been executed by both parties a new SOW will be generated to cover the items listed in the change order. Version 12.2015 133 OSAM DOCUMENT SOLUTIONS, INC. Subsidiary of DataBank IMX Binding Affects and Agreements This SOW shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. Neither party may assign its rights or obligations under this SOW, in whole or in part, to any other person or entity without the prior written consent of the other party. Any change in control resulting from an acquisition, merger or otherwise shall constitute an assignment under the terms of this provision. Any assignment made without compliance with the provisions of this section shall be null and void and of no force or effect. Acceptance of SOW This SOW represents Vendor's offer to perform the project on the terms set forth herein; and this offer shalt be accepted only upon Indian River County signing and delivering this SOW to Vendor within 30 days from the date of this document (the "Acceptance Deadline"). Vendor may withdraw this offer at any time prior to acceptance by Indian River County. In any event, this offer shall be void, and shall for all purposes be deemed to have been withdrawn by Vendor, if this offer is not accepted, in the manner provided above, by Indian River County on or before the Acceptance Deadline. For purposes of this SOW, a signed copy delivered by facsimile or electronically shall be treated by the parties as an original of this SOW and shall be given the same force and effect. IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed this SOW as of the date(s) set forth with their respective signatures below. OSAM Document Solutions, Inc., a subsidiary of DataBank IMX Company Name By (Signature) William G. Pfeiffer - Southern Area SVP Printed Name and Title 06/05/2017 Dated Version 12.2015 Indian River County Company Name By (Signature) Printed Name and Title Dated P134 C3K CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 30, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2017052 — Fairgrounds Roof Coating BACKGROUND: On behalf of the Parks Maintenance Division, sealed bids were solicited for application of sealant roof coatings on the Fairgrounds Expo Exhibition Center and Fairgrounds Expo Pavilion. BID RESULTS: Bid Opening Date: June 27, 2017 Advertising Date: May 30, 2017 Demandstar Broadcast to: 324 Subscribers Specifications/Plans Downloaded by: 30 Vendors Replies: 11 Vendors Bidder's Name Total Bid Price Atlantic Roofing II of Vero Beach, Inc. $85,712.00 Southern Coatings Inc $143,822.00 HI -Tech Roofing and Sheet Metal $182,920.00 Munyan Painting and Restoration $232,750.00 Al Property Services DQ—Addenda not acknowledged All Phase Construction of South FL Inc. DQ— No Bid Security Cool Roof Foam and Coating DQ—Addenda not acknowledged MB Enterprises DQ— No Bid Security Paul Horschel & Son DQ—Addenda not acknowledged Therma Seal Roof Systems LLC DQ -Statement on County Code 105.08 not notarized Vero Beach Roofing Inc DQ—Addenda not acknowledged P135 CONSENT AGENDA ANALYSIS: The Parks Division has reviewed the bids received and has recommended award to the lowest responsive and responsible bidder, Atlantic Roofing II of Vero Beach. SOURCE OF FUNDS: i Funding is available as follows: Account Number Account Description Available 00121072-036750 Parks — Fairgrounds Expenditures $85,712.00 P136 �3L 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: July 5, 2017 Subject: Miscellaneous Budget Amendment 019 Description and Conditions 1. An additional Human Resources Payroll Specialist has been approved in the Human Resources department. In addition, the Human Resources Director has been approved to receive the standard auto allowance given to all department heads. The attached entry appropriates funding in the amount of $16,811 from General Fund/Reserve for Contingency. 2. On February 14, 2017 the Board of County Commissioners approved naming the football/soccer field at Gifford Park after William "Chicken Shack" Wilson Jr. and Scott Chisholm. On February 21, 2017 the Board of County Commissioners discussed and directed staff to move forward with dedication and renaming signage honoring Mr. Victor Hart Sr. at the historical site known as Gifford Park. The cost of a scoreboard and signage for these dedications totals $12,000. Funding will be provided by General Fund/Reserve for Contingency. 3. The Supervisor. of Elections has recently purchased a new voting system that was funded by Optional Sales Tax. Because a portion of the system cannot be capitalized, a budget amendment is necessary to fund the remaining portion from General Fund/Reserve for Contingency in the amount of $43,061. 4. The 911 Surcharge fund is in receipt of various reimbursements; $50,000 for an upcoming Text -To -911 project, and $1,200 for County 911 Coordinator meetings. The attached entry appropriates this funding totaling $51,200. 5. Parks is in need of a replacement Ford F-250 Crew Cab that was involved in an accident and totaled. Risk Management will be funding $12,416 of the replacement cost totaling $25,642. General Fund/Reserve for Contingency will fund the remaining portion of $13,226. 6. The Indian River Lacrosse Association has requested $15,000 from the County to help pay for higher than anticipated electric bills at Dick Bird Park and a submerged irrigation pump that was destroyed by a lightning strike. The attached entry appropriates funding from General Fund/Reserve for Contingency. P137 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 THEBOARD 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 Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners N,r • Joseph E. Flescher, Chairman M APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P138 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 019 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Expense General Fund/Human Resources/Regular Salaries 00120313-011120 $10,595 $0 General Fund/Human Resources/Social Security Matching 00120313-012110 57 $0 General Fund/Human Resources/Retirement Contribution 00120313-012120 38 $0 General Fund/Human Resources/Insurance-Life & Health 00120313-012130 F$3,089 $0 General Fund/Human Resources/Worker's Compensation 00120313-0121406 $0 General Fund/Human Resources/OPEB Expense 00120313-012160 $362 $0 General Fund/Human Resources/Medicare Matching 00120313-012170 $154 $0 General Fund/Human Resources/Auto Allowance 00120313-034010 $1,100 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $16,811 2. Expense General Fund/Parks/Other Improvements Except Building 00121072-066390 $7,400 $0 General Fund/Parks/Other Machinery and Equipment 00121072-066490 $4,600 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $12,000 3. Expense General Fund/Supervisor of Elections/Other Contractual Services 00170019-033490 $43,061 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $43,061 4. Revenue 911 Surcharge Fund/Intergnovermental/91 1 -Special Disbursements 120033-335229 $52,200 $0 Expense 911 Surcharge Fund/Communication Center/EDP Equipment 12013325-066470 $50,000 $0 912 Surcharge Fund/Communication Center/All Travel 12013325-034020 $2,200 $0 5. Expense General Fund/Parks/Automotive 00121072-066420 $13,226 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $13,226 1 of 2 P139 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 019 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 6. Expense General Fund/Parks/Electric Services 00121072-034310 $15,000 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $15,000 2of2 P140 7• CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM. TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Work Order No. 2, Masteller & Moler, Inc. Amendment No. 3 IRC Courthouse Judges Security Upgrades DATE: June 19, 2017 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with Masteller & Moler, Inc. and on November 4, 2014., approved an Extension and Amendment of the Continuing Contract. On August 16, 2016, the Board of County Commissioners approved Work Order No. 2 with Masteller & Moler, Inc., to provide planning, design, and permitting services for exterior security improvements to the County Courthouse for the Judges in the amount of $25,260.00. Two amendments have been approved to date, bringing the total to $31,335.00. The purpose of Amendment No. 3 is to provide response comments and RAls as a result of the IRC Building Division permitting review process for the IRC Courthouse Judges Security Updates. Amendment No. 3 is for a total lump sum amount of $1,630.00. FUNDING Funding is available from Optional Sales Tax/Facilities Maintenance/Courthouse Judges Security- Acct# 31522019-066510-16033 in the amount of $1,630.00: RECOMMENDATION Staff recommends approval of Amendment No. 3 to Masteller & Moler, Inc. authorizing the professional services as outlined in the Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute Amendment No. 3 on their behalf for a total lump sum amount of $1,630.00. ATTACHMENTS Amendment No. 3 Exhibit "A" DISTRIBUTION Masteller & Moler, Inc. APPROVED AGENDA ITEM FOR JULY 11, 2017 (.\Public Wo&\ENGINEERING DIVISION PROJECTS11621 IRC CouNhouse Judges security UpgradeAl-AdminWgenda ItemsWM Amendment No. 3\BCC Agenda Masteller & Moler Amendment No,: 3.doe P141 AMENDMENT NUMBER 3 WORK ORDER NUMBER 2 IRC Courthouse Judges Security Upgrades IRC -1621 This Amendment to Work Order Number 3 is entered into as of this _ day of , 201 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 the 4th 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 Masteller & Moler, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 2 , Effective Date August 26, 2016. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MASTELLER & M N OF INDIAN RIVER COUNTY By: By: Stephen E. Moler, P.E. Joseph E. Flescher, Chairman Title: Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P142 M MASTELLER k MILER, INC M >, CIVIL ENGINEERS — June 12, 2017 Mr. Richard B. Szpyrka, PE, Public Works Director Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 RE: IRC COURTHOUSE JUDGES SECURITY UPGRADE — IRC Project No. 1621 Building Department Review Assistance Professional Engineering Services Our File #1620HA Dear Mr. Szpyrka: P 09:31) 0 C F b� This Amendment is for work we performed to obtain the IRC Building Department's approval of the Courthouse Judges Security Upgrade Project prior to releasing the project for bid. This work was considered beyond the scope of our original contract as requested by County. Scope of Work: We submitted our design construction plans to the IRC Building Department for review and approval. We responded to comments and RAls issued as a result of the Building Department's review process. We completed the above-described scope of work based on the Hourly Billing Rates listed in our 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 this 4th 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 Masteller & Moler, Inc. ("Consultant'). The hours and fees are as follows: Please note we initiated these services prior to approval of this Addendum in order to expedite the work at our own risk. Please let me know if you have any questions or concerns S-ir �iV� TELLER & MOILER, INC. S eph oler, PE Its Vice President SEWcab AUTHORIZATION Signature & Date: Printed Name & Title: File#1620HA (1620HA_Contract17-0612.docx) 1 1655 27ti' Street, Suite'2 • Vero Beach, Florida 32960 Phone: (772) 567-5300 • Fax: (772) 7941106 mastmolr@bellsouth.net I. i. . P143 Rates Hours Expended Total Principal / PE $ 175.00 1.0 $ 175.00 CAD / Designer $ 90.00 8.5 $ 765.00 Administrative $ 60.00 11.5 $ 690.00 Total $ 1,630:00 Please note we initiated these services prior to approval of this Addendum in order to expedite the work at our own risk. Please let me know if you have any questions or concerns S-ir �iV� TELLER & MOILER, INC. S eph oler, PE Its Vice President SEWcab AUTHORIZATION Signature & Date: Printed Name & Title: File#1620HA (1620HA_Contract17-0612.docx) 1 1655 27ti' Street, Suite'2 • Vero Beach, Florida 32960 Phone: (772) 567-5300 • Fax: (772) 7941106 mastmolr@bellsouth.net I. i. . P143 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist M.F SUBJECT: CR510/581h Avenue Intersection —Advance Acquisition Wabasso Hillside, LLC- 8495 58th Avenue, Vero Beach, FL 32967 DATE: June 26, 2017 DESCRIPTION AND CONDITIONS The Florida Department of Transportation is currently completing a Project Development and Environmental Study (PD&E) for the widening of the CR -510 corridor to four lanes from CR -512 to 581h Avenue. The project is approximately eight to ten years from being designed and constructed. However, there is an immediate need at the intersection of CR -510 and 58th Avenue for an eastbound to southbound right turn lane. In order to construct this improvement, the County needs to acquire the parcel of land located on the southwest corner of the intersection. The County contacted Wabasso Hillside, LLC., who owns the 0.14 acre parcel located at 8495 58th Avenue about acquiring the property. Wabasso agreed to sell the property to the County inconsideration for the future construction of a southbound left turn lane and a northbound right turn lane at the entrance to the Red Stick Golf Club if 58th Avenue is ever widened to a four -lane divided roadway. The golf club is located at 8350 58"' Avenue. The Countywill construct the improvements, if and when, the County widens 58th Avenueto a four -lane divided roadway. The improvements shall be designed, permitted, and constructed by the County at the County's cost and expense. ,FUNDING Funding is budgeted and available in Account No. 31521441-066120-15813, Optional Sales Tax/ROW/CR 510-512 to 58th Avenue. RECOMMENDATION Staff recommends the Board approve the Purchase Agreement for the property located at 8495 58th Avenue, and agree to the future construction of a southbound left turn lane and northbound right turn lane to the entrance of the Red Stick Golf Club located at 8350 58th Avenue as consideration and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS One Original Purchase Agreement APPROVED AGENDA ITEM FOR: July 11, 2017 F:\Engineering\Monique Filipiak\Wabasso Hillside - 8495 58th Avenue\Wabasso Hillside LLC BCC MEMO Agenda 6.26.17.doc P144 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND WABASSO HILLSIDE LLC THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of July, 2017, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("the County"), and Wabasso Hillside, LLC, whose address is 5070 Highway A-1 -A, #205, Vero Beach, FL 32963 ("Hillside"), who agree as follows: WHEREAS, Wabasso Hillside LLC owns property located at 8495 58th Avenue, Vero Beach, Florida, a sketch and legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County, is scheduled to improve the County Road 510/58"' Avenue intersection and the road expansion will impact and affect Hillside's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to 58th Avenue; and WHEREAS, the County has contacted Hillside and has offered to purchase an approximately 0.14 acre parcel of property from Hillside to be used as right-of-way as depicted on Exhibit "A" (collectively, the Property); and WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and WHEREAS, Hillside and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and HILLSIDE agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein 2. Agreement to Purchase and Sell. Hillside hereby agrees to sell to the County, and the County hereby agrees to purchase from Hillside, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 8495 58th Avenue, Vero Beach, Florida and more specifically described in the sketch and legal description attached as Exhibit "A", containing approximately 0.14 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto. 2.1 Consideration, Effective Date. The Consideration for the Property shall be the P145 construction of a south bound left turn lane and a north bound right turn lane ("Improvements") at the entrance to Red Stick Golf Club, 8350 58th Avenue, Vero Beach, FL. The County shall construct the Improvements if and when the County widens 58th Avenue to a four lane divided highway section. The Improvements shall be designed, permitted and constructed by the County at the County's sole cost and expense. The Parties agree that construction of the Improvements shall take place after the closing of this transaction and that the widening of 58th Avenue is currently not part of the County's 5 - year Capital Improvement element. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement by the Indian River County Board of County Commissioners at a formal meeting of such Board. This Paragraph 2.1 and the County's obligations herein shall survive closing, and in the event of non-compliance by the County, either Hillside or Red Stick Golf Club, Inc., as the intended third party beneficiary of this contract, or both, shall be entitled to injunctive relief to enforce compliance. 3. Title. Hillside shall convey marketable title to the Property by Warranty deed free of claims, liens, easements and encumbrances of record or known to Hillside; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 4. Representations of Hillside. 4.1 Hillside is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. Hillside shall not be required to incur any cost or expenses to clear title, remove clouds on title or to delete any exceptions from title insurance coverage. 4.2 From and after the Effective Date of this Agreement, Hillside shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, either Hillside or Red Stick Golf Club, Inc., as the intended beneficiary of this contract, or both, shall have the right to seek specific performance. In such event, the prevailing party shall be entitled to attorney's fees and costs, including on appeal. This paragraph shall survive 2 P146 closing. 5.2 In the event Hillside shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to Hillside at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against Hillside; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive Hillside's default and proceed to Closing: 6. Closinci. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date') shall take place within 30 days following the execution of the contract by the Chairman of the Board of County Commissioners. With the written consent of Hillside, the County or its agent shall be responsible for obtaining any partial releases or satisfactions of encumbrances on the Property. The closing date shall automatically be extended by a period of 30 days if the delay in closing is attributable to obtaining partial satisfaction and release of mortgage(s) encumbering the Property so long as the County is acting in good faith with the holder of the encumbrance to partially release or satisfy the encumbrance. The parties agree that the Closing shall be as follows: (a) Hillside shall execute and deliver to the County a Warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) Hillside shall have removed all of its personal property and equipment from the Property and Hillside shall deliver possession of the Property to County vacant and in the same or better. condition that existed at the Effective Date hereof. (c) If Hillside is a non-resident alien or foreign entity, it shall deliver to the County an affidavit, in a form acceptable to the County, certifying that Hillside and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) Hillside and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by Hillside. 7. Closing Costs; Expenses. County or its agent shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: 3 P147 7.1.1 The cost of recording the Warranty deed and any release, partial release or satisfaction obtained by Hillside pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the Personal Representatives deed, if any. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between Hillside and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.3 Assignment and Binding Effect Neither County nor Hillside may assign its rights and obligations under this Agreement without the prior written consent of the other party.. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to to Hillside: Warren L. Schwerin Wabasso Hillside LLC 5070 Highway A -1-A, #205 Vero Beach, FL 32963 If to Countv: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph 8.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other 4 'i I P148 person whatsoever. 8.6 Attorney's Fees and Costs In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.8. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.1 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman Approved by BCC ATTEST:. Jeffrey R. Smith, Comptroller and Clerk of Circuit Court Deputy Clerk Approved: Jason E. Brown, County Administrator 5 WABASSO HILLSIDE, LLC A Florida limited liability company BY: RED STICK GOLF CLUB, INC. A Florida non-profit corporation, as its Manager ohn t. McCord, President Date: , 2017 'Approved as to Form and Legal Sufficiency: William K. D6Braal Deputy County Attorney P149 LEGAL DESCRIPTION PER O.R.B. 2043, PG.2415 LOT 2, BLOCK 1, HILLSIDE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, I AS RECORDED )N PLAT BOOK 2, PAGE 53, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 15 FEET AND THE EAST 16 FEET FOR ROAD RIGHT OF WAY. t s' ✓' �N' T Nr nmi+Y �✓y.,4F.('.a3°.�?ydR4n,i4'",1fN;,,,Of.T1 R'`T/HH�UN)�E�Js�iw?.N7O`M1R5iHE1X ApT'SJ°rij7i�,Y; . tis,.A.�}d 1iY:k,I b,n YfN{ „J�NF 4 G,iF7 OLwo eoAkT sPua SURVEYOR'S NOTES:arj g� g1' 1. THIS SURVEY 0NOTVA}D MTXOVf THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLDRIDALREN9ED 29 PROFESSIOML SURVEYOR AND MAPPER. 2. THE BEARIN68SHOWN HEREON ARE BASED ONTHE 1969NORTH AMERICAN OA7UMPOtADNeTAENT,AND S}T PROJECTED IN THE FLORIDA STATE MANE COORDINATE SYSTEM, EAST20NE.1HIS SURVEYWA9 TMD TOTHE FLORIDA PERMANENT REFERENCE NETWORK IPPRM MAINTAINED BY THE FLORIDA DEPARTMENT OF I� �Vll y p'(f`d y; P / n _ 1/„p•;11���[j,,�.BL+�+Cf_'�',P,/�J+1.'f+Q �C(' ( � 1�{t f H}. Y TAANSMMTATN)N SURVEY DEPARTMENT) OERMNO AORFAE ID BgINO OF NB831'ALONG THE NORTH LINE 48�9rJ.I—/��_q��L L f OFSECTION 31TOYMMIP31 SOUTH.RANGE]S EAST,ASSNOVM HEREON. WWW ' } e �}.! GD'1 y^ • )' �^ �B KCy;_BF.1.l � �7x ='Nf•/ A 'r l 4�� 9 �� Y' ,-`'?LS 'jl } � ,t N I k�� V;M1 I"rri I 4. 3. THE ELEVATIONS BNOVRI MFREON ME REUITNE TO THE NORTH AMERICAN VERTICAL DATVM OF 1585 AV08M L tS: A'�+�i, AREBMSEO UPON NATIONALCEODETtC SURVEYSENCHMARK GM(PJ.O. Na D195O]-ELEV•]4A6j AND TEM I) C 1ytiR.� ,rL ;,R Y'.,4. % �(•tx'.l 'r' k'..}i .t,,. (ELEV•b1.03) A PROJECT CONTROL PONTSET BY S.S.M.C. ALL BENCHMARKS SHOWN HEREON WERE ESTABLISHED ~ •0. �' M)% xY/Q 1 e a )O RYAN ADJUSTED THIRDC DER BENCHRUN AND MEET OR EXCEED THEACCURACYREOURED PER CHAPTER �$ — _ — — } '1O-rn `+fY +P R1 VER SA17, FLORIDAADMINISMATIVE CODE.. M _ _ ... a� . 5 'M. "' r:J, r: i,•'r* J�� 'v r,Lya rmf, s° � _ _ _. !•ew�W j/r1v, �'rtl, L .S'7'.Y 1 't.r wlt yL<X r !' C,�� JOO .F1 TAY J,: ( '}, 'r r} .w'. M. ONLYABO'YE GROUND APPURTENANCES AND VISIBLE VTLIfIW SHOWN KERION NAVEBEEN LOCATCD. D/li'DIBVEWAY j } YAO„"WWW11 N UNDERGROUND IMPROVEMENTS SUCH AS UTILITIES AND FOUNDATIONS WERE NOT LOCATED EXCEPT AS SHOWN. -------- -------- w� _60.0p)Y` 4 1 �'� ��J � ` 9 MIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE THERE MAY BE / FOUND 1/2•M-1 ; ((.q "k/ndF.&<' EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS NOT SHOWN HEREON, BUT FOUND IN THE PUBLIC RECORDS. (IMNU103fQUD) FOUND 8/B' I. O.12)WUT11 4 " SEED L: �✓ G(FORCSSHOWN HEREOF)ARCTTHENORIZONTALPONTON OF THAT BPEDIFIC MPPOVEMENT. THESYMBOLS a11YEBT Q10NOR1NY'f�.�� f �5� • • 0'OR ORAPNIWLPIIRP09E)ARF NOT DRAWN TO SCALE 1 0.04'EA3T - �' ,'`"'�� �'J`�{j _, A 7. THE FIELD WORK FOR THIS SURVEY'JIWS COMPLETED BY MOWiRIVERCWNTYPER90NNEL ON THE DATE OF 11 „�� � ,f !`4 OR IOP JNNUNrc 8, 20/6. �NOEryp3� *�.M � ' YiIT,$ S THIS SURVEY MEETS ANDOR EXCEEDS THE ACCURACY REQUIREMENTS PER CHAPTER SLIT, FLORIDA t . ADMINISTRATIVE COOS, ELECIMq•. ,d PULL •P `ty M S THE MEASUREMENTS FOR THIS SURVEY WERE MADE UTBWNG CONVENTIONAL AND REAL TIME KINEMATIC SURVEYING METHODS VCR THE FOLLOWING EQUIPMENT• LDCA I= GLOBAL POSITIONING SYSTEM, OTS BOO ROBOTIC TOTAL STATION WITH MAGNET SOFTWARE Qy aT 10. ALL D.S. STANCEB SHOWN HEREON ARE EXPRESSED IN USURVEY FEET. ,�NOEDTO .�'.' ■Y` 11. SNEUIOFTNTS~MtNTEBEDISPUY ATAS OFI—ORSMAILER.SXEET2 ATASCALEOF IN, r' �t 1 IbPD OR SMALteR 1,,. psT O �ITtK v J� IqA THE SUBJECT PROPERTYQONTAIN50.11 ACRES (8000 SQUARE MET). MORE OR LESS. m SYMBOLS AND ABBREVIATIONS. Lor I Q CN.• CONCRETE MONUMENT LLC. LIMITED LIABILITY COMPANY Z Z �:W ¢✓ .4 � - CONC•CORCRETE M-FIELOMEASURED �'Hyy"'zCO.Ra CERTIP:EDCORRER RECORD OA.&•OFFIGAL RECORDS BOOK �A% aT `yT' < O'j4WM�: FNO•FOUND (P)• PLATTED COURSE sunotwsm W '+�`}".d..f �] �]�T� ♦ �.1 I.P.. IRON PRE P.S, PUT BOON fi t PT{+ - - GRAPHIC SCALE 1Ar IRON ROD PAAWPARIUM (PMT WOK PAGE S7 yytL:g{, r, !>S.tr,,r, { I. RAC.• IRON ROD AND CAP P.91A. PROFESSIONN.BURVEYOR BLOCK } q n:: "• 70 S•OELTAANOLE AND MAPPER t 'f"PLEBS EA91` r f. �A�• AERALIJILITYLINES P.U-PUBLIC UTILITY 20N; v0.{,ult ? [—0�•OA8 LINE TSM• TEMPORARY BENCHMARK PoUND I LR SET JJ I �, —O— • CHAIN UNK FENCE •WOOD UTILITY IE Q•ASPHALTSURFACE aDFSauTx/ao N89'31'48'W dL IR.CONCRETE V UTY POLE 60.D'(P) 44.95' u�},;jf � a ` � «�y > e K �VALVE CERTIFICATION ----- -- EO------ -- . a x 30 rt 1 POUND 1 4R� `� 6D•BS' (P) G �,S 1. ------- SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) RAISED WNW -OF -WAY LM1h ® (NOT VALID WITHOUT THE SIGNATURE AND WIIGINALR �,,,��A,I aorsauTN ALLEY L_^_" '12 L� N a10TAST �7LED� r,+.4'K� ,� I INEREBY CERTPYTNAT THE BOUNDARYANDTOPOORAPNIC SURVEY SXOV/N HEREON _CARIEN" O'�N�TM'" .� ''� SHEET INDEX 'A� COMPLETED UNDER MY DIRECTION AND SAID SURVEY IS TRUE AND CORRECT S TO THE BEST OF MY KNOWLEDGE AND BELIEF. a13'BOOTN 9 'Ni2T.':J; (....-::,?.F( 0.01'EA47 .(n�•:f.-^:"%� •r:'.:::.: :: .. SNBET I -BOUNDARY SURVEY �'� 7:. (;:^4�::"�('^;�'�'; =:�%"' SHEET P- TOPOGRAPHIC SURVEY AND TREE LOCATION (FURTHER CERTPYTRAT TRIS SURVEY MEETS THE REQUIREMENTS FOR THE STANDARDS OF PRACTICE. AS ESTABLISHED IN CHAPTER 31-17• 1/4 CORNEAlyI FLORIDA AOMINTSTRATNE COCEPURSUANT TO SECTION M.037 FLORIDA STATE STATUTES. BCATSPII(E N CUTOUT - EST` TER N . M MIS . N1 THIS SURVEY IS NOT COMPLETE WITHOUT SHEETS 1 AND 2 AS CREATED INDIAN RAVER =T COUNTY SURVEYOR FLORIDA CER71MCATE 110. 0139 a am a INDIAN RIVER COUNTY 'v >e F-,P-MLw» BV WDAJP AND N/C SU BNEET U0127%BmB1T DsporM�sni of Pub/lc Works P•„. •A •,. A�RESS 8695 SBJb AVDVUE _ f� WQ BEAM,_ FL 72900 vLu5q Ena/nnsdne D/MLe/na _ . ,•.,A• ...... _._� �.___.y._.. . -- _ ' {{ d 4� LEGAL DESCRIPTION PER O.R.B. 2043, PG.2415 LOT 2, BLOCK 1, HILLSIDE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, I AS RECORDED )N PLAT BOOK 2, PAGE 53, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 15 FEET AND THE EAST 16 FEET FOR ROAD RIGHT OF WAY. t s' ✓' �N' T Nr nmi+Y �✓y.,4F.('.a3°.�?ydR4n,i4'",1fN;,,,Of.T1 R'`T/HH�UN)�E�Js�iw?.N7O`M1R5iHE1X ApT'SJ°rij7i�,Y; . tis,.A.�}d 1iY:k,I b,n YfN{ „J�NF 4 G,iF7 OLwo eoAkT sPua SURVEYOR'S NOTES:arj g� g1' 1. THIS SURVEY 0NOTVA}D MTXOVf THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLDRIDALREN9ED 29 PROFESSIOML SURVEYOR AND MAPPER. 2. THE BEARIN68SHOWN HEREON ARE BASED ONTHE 1969NORTH AMERICAN OA7UMPOtADNeTAENT,AND S}T PROJECTED IN THE FLORIDA STATE MANE COORDINATE SYSTEM, EAST20NE.1HIS SURVEYWA9 TMD TOTHE FLORIDA PERMANENT REFERENCE NETWORK IPPRM MAINTAINED BY THE FLORIDA DEPARTMENT OF I� �Vll y p'(f`d y; P / n _ 1/„p•;11���[j,,�.BL+�+Cf_'�',P,/�J+1.'f+Q �C(' ( � 1�{t f H}. Y TAANSMMTATN)N SURVEY DEPARTMENT) OERMNO AORFAE ID BgINO OF NB831'ALONG THE NORTH LINE 48�9rJ.I—/��_q��L L f OFSECTION 31TOYMMIP31 SOUTH.RANGE]S EAST,ASSNOVM HEREON. WWW ' } e �}.! 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I LRAC-IROR ROD NFD CAP PAM.. PRm tSURVEYOR •�EL ,A�A UTIrry B —A— AL PAI-PUBLN: UTKRY BENCHMARK ' �—.OAS IIN`E TBM •IEMP0RAi1Y BEMCN MARK �4 FMOW J6 -11W SUM DS( DEPARi0m OE • CHNN UNK PENCE . OR 1 .. FMILP0NNIE)ML' PRDTEC M SLOMY MAN= E7 IL71Y POLE - 0.ASPNALT 6URPACIt . - -0046 2OOr W PW= W PLACE 004CRM AWKR(EM, CONCRETE VALVE - . - - - - 316.8 &1ST OF EAST LNE OF SECRON 3$ . - M 00 • ELEVATION Q - OAKTREE V M %M VM M' . ilT SOEDGE PAVf71II1T 0R 310 . POLE ANCHOR ®. PALM TREEWTH SCE THIS SURVEY IS NOT COMPLETE WITHOUT SHEETS 1 AND 2 AS CREATED SEAGRAPE WTM BCE NO INDIAPoVER TQeCOUNTY ra r " E -s t1Tn 61�(/NDA�9YAN0 70ANSPAPJM/C S!/RYEY sa, orbnenl ot. P.,&//o Wo,*s AppWOM SOW BB/h .4MVI/E 2 eua, R .=W Eng/—ft~Mg lris/bn e �arnr ""°'m'" a aav —fi25 rmisw S!/BD/YLA'ON, LOl 2A BLOCK 1 a 1 l N INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM • TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: Resolution Requesting Funding Assistance from State of Florida Beach Erosion Control Program — FY 2018/19 DATE: June 22, 2017 DESCRIPTION AND CONDITIONS The State of Florida, Department of Environmental Protection (FDEP) requires an annual resolution from local governments requesting funding assistance through the FDEP Beach Erosion Control Program. The Resolution does not specify a specific dollar amount. However, the Resolution enables the Department to consider the County's Local Government Funding Request (LGFR) for Fiscal Year 2018/19. .For FY 2018/19, staff intends to request State funding assistance for: Permit required 2018 post construction monitoring costs for the Sector 3 Beach Restoration Project, Design, permitting, and construction funding for Hurricane Matthew (October 2016) associated repairs to the Sector 3 project area, and For the design and permitting of the Sector 5 Beach Nourishment Project currently underway. FUNDING FDEP funding for Beach Restoration Projects typically requires a local match. The match percentage varies depending upon the characteristics of each project. In the event a match is needed local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the Sector 3 project (post construction monitoring) is available and has been budgeted in the Beach Restoration Fund, Sector 3 Beach Restoration Account No.12814472- 033490-05054. Funding for the Sector 3 project (Hurricane Mathew) repairs is being requested during the FY 17/18 County budget request process. Funding for the design and permitting of the Sector 5 Beach Nourishment Project is available and budgeted in the Beach Restoration Fund, Sector 5 Beach Restoration Account No. 12814472-033190-15021. RECOMMENDATION Staff recommends approval of the Resolution. ATTACHMENT Resolution No. 2017- (1 original) APPROVED AGENDA ITEM FOR JULY 11, 2017 C:\USERS\GRANIC-I\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@800575A2\@BCL@800575A2.DOCX P152 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REQUESTING ASSISTANCE FROM THE STATE OF FLORIDA BEACH EROSION CONTROL PROGRAM - FY 2018/19 WHEREAS, Indian River County has experienced damage to structures and/or coastal lands by beach erosion in areas of public lands; and WHEREAS, Indian River County has established a Beach Preservation Plan and a Beach Preservation Fund to provide strategy and funding for beach restoration activities; and WHEREAS, the State of Florida has established a Beach Erosion Control Program for providing financial assistance for erosion control and preservation of the beaches within the State. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, as follows: 1. The County hereby requests State financial assistance for implementation of coastal erosion control improvements within Indian River County. 2. The County hereby designates James D. Gray, Jr., Coastal Engineer for Indian River County, as the Project Manager and Agent on behalf of the County. THE FOREGOING RESOLUTION was offered by Commissioner.. seconded by Commissioner , and, being put to a vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Tim Zorc Commissioner, Bob Solari and The Chairman thereupon declared the resolution duly passed and adopted this day of '2017. Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney Indian River County, Florida Board of County Commissioners Joseph E. Flescher, Chairman P153 (()-A.I 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: June 22, 2017 SUBJECT: FINAL 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 July 11, 2017. 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 66th 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 plan. According to the county's Comprehensive Plan, plan amendments are limited to four times per P154 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 processed 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 Action (Transmittal Public Hearing) After the PZC hearing, the BCC held its transmittal hearing on March 7, 2017, and voted 4-1 to transmit the proposed comprehensive plan text amendment to state and regional review agencies (see attachment #4). Subsequently, staff transmitted the proposed amendment to state and regional review agencies. State Agency Review After transmittal and review of the proposed amendment, no state or regional reviewing agency had any objections to the comprehensive plan text amendment (see attachment #5). 2 P155 BCC Final Public Hearing The July 11, 2017 public hearing is the final step in the Comprehensive Plan amendment process. At that hearing, the BCC must decide whether or not to approve the proposed amendment. Proposed Amendment: Board Initiative In 2013, the Board authorized staff to pursue a number of economic development initiatives. Many 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 66th 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 #6) and coordinated with IRSC staff and the owner of land at the adjacent SR60/66th 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 60/66th 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 P156 of more strictly limiting the amendment to the SR 60/66th 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 60/58th Avenue C/I node, the IRSC campus, and the SR 60/66th Avenue intersection. Based on that revision, the proposed policy applies to only one area of the county; the area generally depicted in attachment #7. 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 s* ike th in attachment #8. 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, establishe& 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 66th 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, 66th Avenue access, a bridge over Lateral A canal, and signalization at 66th 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 #7), although other adjacent properties could be added under one master plan PD area (see attachment #9). 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. 2 P157 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 access roads to SR60 and 66th Avenue, a bridge over the Lateral A canal, and a traffic signal at 66th Avenue and "18th 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 #10). 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 #10 merely serves to illustrate a possible component of a mixed use project in the . "SR 60/IRSC 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 66th Avenue and the western portion of IRSC's +/- 140 acre campus (see attachment #9). 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 66' 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, the January 26, 2017 PZC meeting, and the March 7, 2017 Board meeting, a concern was raised regarding completion of residential development in conjunction with completion of commercial development within the "preferred location" mixed use project. 5 P158 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 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. In addition to the proposed changes related directly to the SR60/IRSC preferred location area, one proposed change will apply to all mixed use projects in any approved location. That change will add "live/work/commercial flex space" as an allowable use within the commercial area of a mixed use development (see criterion 6, attachment #8). That use will allow the option of creating living space within a commercial unit or tenant space. 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: 0 P159 • . 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 66th Avenue intersection. Due to that oversight, the existing policy does not adequately provide the opportunity to master .plan the IRSC campus and adjacent property into a preferred mixed use form 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 initiated an LDR amendment to modify Section 915.20 of the LDRs with the expectation that the LDR changes would be considered by the Board of County Commissioners at the same meeting that the Policy 5.6 amendment would be considered for adoption. On May 25, 2017, staff presented the companion LDR changes to the Planning and Zoning Commission and will present those proposed changes to the Board of County Commissioners on July 11, 2017 after the subject comprehensive plan amendment is considered. 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 7 P160 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 approve the proposed comprehensive plan text amendment by approving the attached ordinance. ATTACHMENTS: 1. Minutes from November 15, 2016 BCC meeting 2. Comprehensive Plan Text Amendment Application 3. Minutes from the January 26, 2017 PZC Meeting 4, Minutes from the March 7, 2017 BCC Meeting 5. Letters from State Review Agencies 6. Analysis of Zoning and Mixed Use in the Area of SR 60/66ih Avenue 7. SR60/58th Avenue Node Map 8. Proposed Policy 5.6 Comprehensive Plan Text Amendment 9. Sample "Master Plan" Area 10. Sample Conceptual Lay -out of Mixed Use and IRSC Campus 11. Ordinance (includes Appendix A proposed Comprehensive Plan Text Amendment) FXommunity Development\Comprehensive Plan Text Amendments\January 2017 - FLUE Policy 5.6\Agenda Items\BCC staff report for Comp plan Text amendment Adoption Hearing.docx P161 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 IRSC 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 P162 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 P163 APPLICATION FORM COMPREHENSIVE PLAN TEXT AMENDMENT (CPTA) INDIAN RIVER COUNTY QCr rti 00A41 /lVlTy. -:OP..,wEklr Planning Division accepts Comprehensive Plan Text Amendment applications$nly during the months of January, April, July and October of each year. Each applicati*n. tn.ust be complete when submitted and must include all required attachments. An incoftiffi t bt application will not be processed and will be returned to the applicant. Assigned Project Number:CPTA- A914I0nLL ,— 72F31 C r Signature of Owner or Agent: Please attach the following items to this application. Do not ignore any of the following items: Indicate "N/A" if an item is not applicable. I . What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub - element, 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? 3. What is the purpose of the request? 4. What is the justification for the request? 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. 6. Provide an analysis of the proposed amendment's impact on public facilities and services. 7. Provide 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. F:\Community Development\Users\VICKIE\FORMS\CPTAAMENDMENTFORM.doc Attachment 2 P164 Current Owner/Applicant Agent Name: Complete Mailing Address: 2 7» r'f - ' 1. 3 -Z 0-0 Phone # (including area code)7�2 Fax # (incl ding area code '7 '7:z E-Mail- -Mail:Contact ContactPerson: : w I Signature of Owner or Agent: Please attach the following items to this application. Do not ignore any of the following items: Indicate "N/A" if an item is not applicable. I . What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub - element, 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? 3. What is the purpose of the request? 4. What is the justification for the request? 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. 6. Provide an analysis of the proposed amendment's impact on public facilities and services. 7. Provide 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. F:\Community Development\Users\VICKIE\FORMS\CPTAAMENDMENTFORM.doc Attachment 2 P164 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 (5-0) to accept staff recommendations on this Legislative matter. Chairman 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. Attachment 3 PZC/Approved 5 January 26, 2017 F:\BCC\All Committees\P&Z\2016—AGENDAS & MINUTES\PZC 012617.doc P165 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. . 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 Grail 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. Adjournment There being no further business, the meeting adjourned at 8:53 p.m. PZC/Approved 6 January 26, 2017 F:\BCCWII Comm ittees\P&Z\2016—AGE N DAS & MINUTES\PZC 012617.doc P166 Board of County Commissioners Meeting Minutes - Final March 7, 2017 10.A.1 17-0230 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) Recommended Action: 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, and 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; 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 - CI 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 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. Community Development Director Stan Boling used a PowerPoint Presentation to provide background and the purpose of the proposed amendment to the Future Land Use Element Policy 5.6 of the Future Land Use Element (FLUE) of the Comprehensive Plan, regarding an area that is adjacent to the 58th Avenue/SR 60 Commercial Industrial Node, the SR 60/66th Avenue intersection, and the .Indian River State College (IRSC) campus. The Planning and Zoning Commission supported staff moving this project forward. Vice Chairman O'Bryan voiced his concerns over the project's shared infrastructure in reference to commercial versus residential. Commissioner Zorc made comments in support of the shared infrastructure; the fact that this would create both opportunity and visibility to IRSC from SR 60; and that he is also looking forward to the future tax base once the project is complete. Commissioner Adams supported the future flexibility and growth that this Indian River County Florida Page 9 Attachment 4 P167 Board of County Commissioners Meeting Minutes - Final March 7, 2017 Amendment would offer, along with the collaboration between IRSC and private property owners. The Chairman opened the Public Hearing. Attorney Christopher Marine, Gould Cooksey Fennell, P.A., who represents the IRSC adjacent property owners, Vero 12 LLC, and the Greenfield Trust, spoke in support of both the project and staffs recommendation. Discussion ensued regarding requirements and the elements of the Agreement. Bob Johnson, Coral Wind Subdivision, made comments regarding this key location and the importance that this project be completed in good taste. Joseph Paladin, President of Black Swan Consulting, expressed his opinion that this project was market driven, and supported staffs recommendation. There were no additional speakers, the Chairman closed the Public Hearing. A motion was made by Commissioner Zorc, seconded by Chairman Flescher, to: (1) approve Resolution 2017-024, approving the transmittal of a proposed Indian River County Comprehensive Plan text amendment to State and Regional Review Agencies; and (2) authorize staff to hold and advertise a final public hearing at the adoption stage of the plan amendment process (tentatively planned for June or July 2017). The motion carried by the following vote: Aye: 4 - Chairman Flescher, Commissioner Adams, Commissioner Solari, and Commissioner Zorc Nay: 1 - Vice Chairman O'Bryan 10.A.2 17-0234 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) Recommended Action: Staff recommends that the Board of County Commissioners adopt the revised proposed LDR amendment ordinance. Attachments: Staff Report Attach 1: Current sign ordinance Attach 2_U.S. Supreme Court decision Attach 3: BCC 715!16 minutes Attach 4: PZC 12/8116 & 1/26/17 minutes Attach 5: Proposed LDR amendment ordinance L PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS Indian River County Florida Page 10 P168 Rick Scott Cissy Proctor GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT•! ECONOMIC OPPORTUNITY April 7, 2017 The Honorable Joseph E. Flescher Chairman, Indian River County Commission 1801 27th Street Vero Beach, Florida 32960 Dear Chairman Flescher: The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the Indian River County (Amendment No. 17-1ESR, Ordinance 2017-024), which was received on March 10, 2017. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comment related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment if adopted. The County is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the County. If other reviewing agencies provide comments, we recommend the County consider appropriate changes to the amendment based on those comments. If unresolved, such comments could form the basis for a challenge to the amendment after adoption. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Please note that Section 163.3184(3)(c)l, F.S., provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 1 www.floridajobs.org www.twitter.com/FLDEO {www.facebook.com/FLDEO Attachment 5 An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. P169 Indian River County 17-1 ESR Proposed Amendment April 7, 2017 Page 2 We appreciate the opportunity to work with the County's staff in the review of the amendment.If you have any questions concerning this review, please contact Dan Pennington, at (850) 717-8524, or by email at daiz.penninzton@a eo.mygorida.com. Sincerely, ames D. Stansbury, Chief Bureau of Community Planning and Growth JDS/dp Enclosure: Procedures for adoption of comprehensive plan amendments cc: Stan Boling, AICP, Director, Community Development Department, Indian River County Mike Busha, Executive Director, Treasure Coast Regional Planning Council P170 Bill Schutt From: Plan -Review <Plan.Review@dep.state.fl.us> Sent: Thursday, March 30, 2017 10:49 AM To: Bill Schutt; XPexternalagencycomments Subject: Indian River County 17-1ESR Proposed To: Bill Schutt, Senior Planner Re: Indian River County 17-1 ESR — Expedited Review of Proposed Comprehensive Plan Amendment *Please note the new contact information below. The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above -referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. Feel free to contact me at Suzanne.e.ravna,dep.state.fl.us or (850) 717-9037 for assistance or additional information. Please send all amendments, both proposed and adopted, to plan.reviewgden.state.fl.us or Florida Department of Environmental Protection Office of Intergovernmental Programs, Plan Review 2600 Blair Stone Rd. MS 47 Tallahassee, Florida 32399=2400 01 P171 Bill Schutt From: Hymowitz, Larry <Larry.Hymowitz@dot.state.fl.us> Sent: Monday, April 03, 2017 3:02 PM To: 'DCPexternalagencycomments'; Bill Schutt Cc: Pennington, Dan; Bush, Lois; Stan Boling Subject: Indian River County 17-1ESR - FDOT District Four Review I am writing to advise you that the Department will not be issuing formal comments for the proposed Indian River County comprehensive plan amendment with DEO reference number 17-1ESR. The Department requests one copy, which may be on CD ROM in Portable Document Format (PDF), of all adopted comprehensive plan amendment materials, including graphic and textual materials and support documents. Thank you. Larry Hymowitz Planning Specialist — Policy Planning & Growth. Management Planning & Environmental Management - FDOT District Four 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Phone' (954) 777-4663; Fax: (954) 677-7892 la rU. hymowitz@)dot. state. fl. us P172 Bill Schutt From: Hight, Jason <Jason.Hight@MyFWC.com> Sent: Wednesday, March 15, 2017 11:13 AM To: Bill Schutt; DCPexternalagencycorrlments@deo.myflorida.com Cc: Wagman, Jason; Wallace, Traci; Chabre, Jane Subject: Indian River County 17-IESR (CPTH -285) Dear Mr. Schutt: Florida Fish and Wildlife Conservation Commission (FWC) staff has reviewed the proposed comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. We have no comments, recommendations, or objections related to fish and wildlife or listed species and. their habitat to offer on this amendment. If you need any further assistance, please do not hesitate to contact Jane Chabre either by phone at (850) 410- 5367 or by email at FWCConservationPlanningServices(a MyFWC.com. If you have specific technical questions regarding the content of this letter, please contact Jason Wagman at (941) 723-4505 or by email at Jason. W ag_marigMyFW C.com. Sincerely, Jason Hight Biological Administrator II Office of Conservation Planning Services Division of Habitat and Species Conservation 620 S. Meridian Street, MS 5135 Tallahassee, FL 32399-1600 (850) 228-2055 Indian River County 17- 1 ESR32617 P173 Bill Schutt From: Steve Fitzgibbons <SFitzgibbons@sjrwmd.com> Sent: Monday, April 03, 2017 9:33 AM To: Bill Schutt; Stan Boling; Vickie Johnston Cc: 'DCPexternalagencycomments@deo.myflorida.com'; Adam Antony Biblo (adam.biblo@deo.myflorida.com) Subject: Indian River County proposed comprehensive plan amendment 17-1ESR Dear Mr. Schutt, St. Johns River Water Management District (District) staff have reviewed Indian River County proposed comprehensive plan amendment 17-1ESR in accordance with the provisions of Chapter 163, Florida Statutes. Based on review of the submitted materials, District staff have no comments on the proposed amendment. If you have any questions or need additional information, please contact me. Please note that all proposed and adopted comprehensive plan amendments can be submitted to the District by email at sfitzeibbons@sirwmd:com. Sincerely, Steve Fitzgibbons Steven Fitzgibbons, AICP Intergovernmental Planner Governmental Affairs Program St. Johns River Water Management District 7775 Baymeadows Way, Suite 102 Jacksonville, FL 32256 Office (386) 312-2369 E-mail: sfitzgibbons@sirwmd.com Website: www.surwmd.com Connect with us: Newsletter, Facebook, Twitter, Instaeram, YouTube, Pinterest wwwiti We value your opinion. Please take a few minutes to share your comments on the service you received from the District by clicking this link Notices • Emails to and from the St. Johns River Water Management District are archived and, unless exempt or confidential by law, are subject to being made available to the public upon request. Users should not have an expectation of confidentiality or privacy. • Individuals lobbying the District must be registered as lobbyists (§112.3261, Florida Statutes). Details, applicability and the registration form are available at http://www.sjrwmd.com/lobbyist/ P174 Bill Schutt From: Stephanie Heidt <sheidt@tcrpc.org> Sent: Friday, April 21, 2017 3:18 PM To: 'DEO CPA Reports (DCPexternalagencycomments@deo.myflorida.com)'; Stan Boling; Bill Schutt Cc: 'Eubanks, Ray'(Ray.Eu ban ks@d eo. myfl orida.com); 'Ada m.bi bl o@deo.myfl orid a. com'; Thomas Lanahan; 'Pennington, Dan' Subject: Indian River County Comprehensive Plan Amendment No. 17-1ESR Attachments: 3C_Indian_River_County_171ESR.pdf Council has reviewed the above -referenced amendments in accordance with the requirements of Chapter 163, Florida Statutes. A copy of the report approved by Council at its regular meeting on April 21; 2017 is attached. Please send one copy of all materials related to these amendments directly to—our office once they are adopted by your governing body. If you have any questions, please feel free to contact us. Stephanie Heidt, AICP Intergovernmental/Brownfields Coordinator Treasure Coast Regional Planning Council 772.221.4060 Office 772.475.3863 Cell sheidtCa tcrpc.org I P175 TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 3C From: Staff Date: April 21, 2017 Council Meeting Subject: Local Government Comprehensive Plan Review Draft Amendment to the Indian River County Comprehensive Pian Amendment No. 17-IESR Introduction The Community Planning Act, Chapter 163, Florida Statutes, requires that the regional planning council review local government comprehensive plan amendments prior to their adoption. The regional planning council review and comments are limited to adverse effects on regional resources or facilities identified in the strategic regional policy plan (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. Council must provide any comments to the local government within 30 days of the receipt of the proposed amendments and must also send a copy of any comments to the state land planning agency. The amendment package from Indian River County was received on March 8, 2017 and contains proposed text changes to the Future Land Use Element of the comprehensive plan. This report includes a summary of the proposed amendment and Council comments. Summary of Proposed Amendment The proposed amendment includes revisions to Policy 5.6 of the Future Land Use Element of the comprehensive plan. The changes to the regulations for mixed use planned developments in residentially -designated areas will provide special provisions for the area located at the southeast corner of State Road 60 and 66th Avenue adjacent to the Indian River State College (IRSC) campus. The special provisions are to support economic development initiatives authorized by the Board of County Commissioners in 2013 and are the result of coordination between County staff, IRSC, and private property owners. The revisions will allow for a larger planned development size (80 acres vs. 40 acres), a greater commercial proportion of land area (50% vs. 25%), a greater commercial proportion of land area when vertical integration is used (60% vs. 30%), and a greater proportion of commercial floor area (60,000 sq.ft. vs. 25,000 sq.ft.) when compared with the typical regulations. In addition, the P176 revisions will add specific implementation timing that will tie commercial development to progress on associated residential construction and require the creation of new access points to SR 60 and 66th Avenue shared between the planned development and IRSC. Through these changes, the County believes it will achieve the best accommodation of IRSC growth and economic development through new mixed use development including commercial and residential uses and shared access. The generally applicable mixed use planned development provisions of Policy 5.6 are also proposed to be modified to add live/work/commercial flex space to the list of allowable uses in the mixed use planned developments. Regional Impacts No adverse effects on regional resources or facilities have been identified. Extraj urisdictional Impacts Council requested comments from local governments and organizations expressing an interest in reviewing the proposed amendment on March 8, 2017. No extrajurisdictional impacts have been identified. Conclusion No adverse effects on regional resources or facilities and no extrajurisdictional impacts have been identified. Recommendation Council should approve this report and authorize its transmittal to Indian River County and the Florida Department of Economic Opportunity. Attachments 2 P177 P178 t.. Exhibit 1 General Location Map .$ $0 T2s se o tt3 ' ' friow - f'k! 42WW I fa'? 193 j + 1 cu ���it�tlt� f e 1; f luoai uioajt.o � . 4 A 0 m aE= P179 ri 4 U � � a C a f luoai uioajt.o � . 4 A 0 m aE= P179 Exhibit 2 Proposed Text Amendment in Strikethrough and Underline APPENDIX A - MIXED USE POLICY S.6 Policy 5A By 2011. Indian River County shall adopt development regulations allowing mixed use TDs in 6esidentially -designated areas. All mixed use Psis in residentially de6griatedareasaas shtill meet all of the folld-sving criteria. Leve l ontn en l .Pati m m ers 1. The maximum oroiec Neighborhood Design (TND) d, Element Policies IS...1. 1$2, and 2. Mixed use Pias shall be limited be located along -SR 60,'US 1, 1 Indiah -Rivei Lagoon),CRZS12,,a M-2 designated areasmsy'i O'1oc Mix of Uses � 3. ToeAsurethrit if edt►sefl3s�i 40 a&vr -shall be designed as Traditional imenis. drid shill..'oniply with Future Land Use . ns :designated 1:-1, L-2,ai -1 . and M-2 and shall dtiver Blvd„513' Avcnue;.s 510 (west of the i Rodd:Alts +natively. mixeditSe:PDs in.MW and on slid tltt# are adjaccnt to and commercial rpt ofa projo�>S'land'rsarn, Litvc4iccdl ..mixt g -o#' uses s allow d'and strongly encouraged, '"rhere residential id/or of oeaMCS a`re,d6igned.snd located above 'commercial uses, the -amount of immercisl atwina ccsiistitute up to 30° fun to trUA in the SR 60(1RSC pTfetred cation EEO,,pot to exceed a iota! QUO son .,FLOMmerciai area) of the project's land 5 p�a x ks did hcenduse t m rovev*ansihat s ivy ca menial ur e#S dD6u,ld�ngs. prea.parking :FI p�06 areas and with residential uses, however; shall not be treated as Commercial area, 6 Commercial use`s allowed in mixed-use PDs shall.be llmitcd to iodginj institutional, oflace _rEtail {inclu(ing fuelaaales), personal knice, Mm restaurant uses, and yehvorPJcgmmFrcbal ilexsoace. 7. Within mixed use PDs, the Floor Arem Ratio (FAIL) for commercial uses shall be applied to the ooninterbial area. For the commercial area, ills maximum FAR shall be 0:35. Revision date: January 30, 2017 wi 1 P180 APPENDIX A - MIXED USE POLICY S.6 S. Within minced use ,PAs, 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 ft project or may be located -along a project's boundary, whom such boundary abuts a thoroughfare goad or is adjacent to C/1 -designated property. Wheie such commercial uses would °face residential uses located outside the project, buffering -and compatibility irtiprovenients .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 tornclude.a transivslpp within the Project. Building Designand Setbacks 1'2, V1'ithin mixed use PDs, common archif ral4tlfe ; common hardscape and signage themes, and multiple pedestrian connecxions' 'shall be requii to integrate nonresidential uses with residentiitl arses. Coi tmon architectural themes shall apply to both commercial and residential areas"d hhe projw ,. \ \ e 13. V4rtltin mixed rise P -:sA no indrti�tcdual commercrI b- 'uqg shall exceed 2s,oclo sq. 6, fu tq o 60,5ON ag i0 the Slt 60/1BSG nrefcrreQ�l�tion ,ate in commercial floor area, lodging -uses shat be excmpi,ftb- tt't4- r ' liinitatron ; 14. Where: a.nonresiiicti 1 btrtld1hg.i.n a trim use PD is--adjacettt to residential buildings tacated-ou_Wde the,projeet, he'r+onresideniial buildings shall be compatible with nearby r e_ntrfll`btliidings: Elie scale of�suct nonresidential buildings may be minimized by �articulating ilie�buildin}g",s \s, using sloped roofs instead flat roofs.screened by ppgpets, and/or -,by,,. planting canopy trees around the building's foundation, For resid66al bii'rldink;adjaccniid a mixed use PD, an 6dsting buffer may be used to sarthecoo atbiii yuirereni. 15: Each mixed usc'`PD shall after alternative routes and eonnections'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 appropnate.usec on adjacent 'sites, 16. The project shall contain a network of interconnected streets, sidewalks, and pathways, Streets shall be designed to balance.pedestriah and automobile needs, to discaunage high automobile speeds, to effectively and efi`icientty accommodate transit systems, and to distribute and diffuse traffic rather than cancentrate it. Revision date: January 30,2017' P181 APPENDIX A - MIXED USE POLICY 5.6 17. Street trees shall be provided so as to shade sides=alk attas and buffer sidewalk areas. from automobile tiratlic. For a mixed use project located in the SR§Qf13Sprrfeayd iocation area the project Ishall provide the follouing: 'limine 1n each mixed use l3lanot. Incatcl in the more than 3 .acres or W,16 of the total;commer shall be constructed until at least 25%oflhe pr constructed, and tio, certificate of occul nn' exceeding 3'acfps or. Sffl"/o of 6w 16thl comm§ unless of least'25% of the, 'W'- id ''I d .occupancy. � �� ` ,t ��`,.,j`` �.., SR_GUARSC preferred JgMiion 'no csa1wea al lower, -v�rhichever is .greater. 50 tesidential develolsment.has been %Al be Issued for'coriimetcial area et+aial afea allowed a'iichever is greatef, e�e�oprrtent has teeeived certificates of �.�g� and, S'�ltit�,itied to � is an en orcp bl d ti s • regiment.. � {�) a coin.2otwil or final devel2pment plan for h 11jidential development has bei . 'ttnpmved. and, - the infiestlygin that scues the midcatill nortioin Qf the Miect_hu been IagF icnt_ F:ttommunttyee.eiDomemlcarri ehcruht'ftepnements�iwosupu�ementsi�r2o3S►oomo anlswp lerrtienL131futuretnneUse nolky 3.6.d= Revision date:. January 30, 2017 7 3 P182 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/37th 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 66th 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 60h 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. SR60/58T11 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 SR60/58th 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 SR60/581h 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 f4 acres of commercial development (Chick-Fil-A, 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 FXommunity Development\Comprehensive Plan Text Amendments\January 2017 - FLUE Policy 5.6\Agenda Items\BCC Attachments for FLUE Revisions - July 2017\Attachment 6 - C1 Nodes Analysis.docx Attachment 6 P183 that lies on the western edge of the adjacent Century Town Center retail center. As a result, The 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 66th 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 66th 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 66th 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 66th 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 Amendments\January 2017 - FLUE Policy 5.6\Agenda Items\BCC Attachments for 2 FLUE Revisions - July 2017\Attachment 6 - CI Nodes Analysis.docx P184 L-2 MUNI, I do ;' .., 26TH ST .77 L-2 � x 0 RC'x 3 C Central Assembly Cl) A N•'- 615 � - Reserve at Vero Mixed Use 20TH ST - - - 60 LAY C/ C/I . IRSC Properties 611 w. COLLEGE LN T 16TH ST Legend AG -1 ti Future Land Use 613 AG -1 Q C/I L-1 I I L-2 _ + M-1 r L-2 MUNI © RC I 12THHST Development O IRSC Properties ® Mixed Use Partners Property ® Reserve at Vero MXPD INFORMATIONAL MAP - NOT A SURVEY The information on this map is taken from reliable sources. Location Map Attachment / �7 e However, its accuracy is not guaranteed. Source: IRC Communtt Develo me'rt De artment October 26, 2016 e 00 Ln DRAFT CHANGES TO MIXED USE POLICY 5.6 Policy 5.6: By 2011, Indian River County shall adopt development regulations allowing mixed use PDs in residentially -designated areas. All mixed use PDs in residentially designated areas shall meet all of the following criteria: Development Parameters 1. The maximum vroiect area for a mixed use PD in a residential area shall be 40 acres nless the property is located within the SR 60/IRSC preferred location area. The SR 60/IRSC preferred location area is an area adjacent to the SR 60/581h Avenue k7ommercial/Industrial Node, the SR 60/66th Avenue intersection, and the Indian River,, State College campus. In the SR 60/IRSC preferred location area, the maximum mixed fuse PD project area shall be 80 acres. ed use projec s not located in the SR 60/IRSC preferred location area ex ec a and g 40 ,acres shall„ be designed as Traditional Neighborhood Design (TND) devel Element Policies 18.1, 18.2, and 18. with Future Land Use 2. Mixed use PDs shall be limited to`areas designated L-1, L -2x ,1, and M-2 and shall be located along SR 60, US 1, IndiamRiver Blvd�'5Vh Avenue; CR 510 (west of the Indian River Lagoon), CR 512, or Oslo RoaZl,Mfernatively, mixed-use PDs in M-1 and M-2 designated areas may be located on sites that are adjacent to C/nodes. Mix of Uses 3. To ensure that mixed-use PDs contain an appropriate mix of residential and commercial uses,^commercialal uses shall be allowtied to,constitu a no more than 25% (up to 50% in of a proiect:s 1 The vertical mixing of uses`is.allowed\a_rid strongly encouraged. Where residential and/or office uses are designed and located above commercial uses, the amount of commercial area may constitute up to 30% (up to 60% in the SR 60/IRSC preferred location area, not to exceed a total of 30 acres of commercial areal of the project's land 5. For purposes_ of these mixed use regulations, commercial area shall include buildings, parkingra eas;\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. .',Commercial uses allowed in mixed-use PDs shall be limited to lodging, institutional, office, retail (including fuel sales), personal service, 19Fd restaurant uses live/work/commercial 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. Revision date: January 30, 2017 1 Attachment 8 P186 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/I-designated property. Where such commercial uses would face residential uses located outside the project, buffering -and compatibility improvements shall be required to mitigate any adverse impacts/ 10. On -street parking shall be allowed within 11. All mixed use PDs shall be designedto' include a Building Design and Setbacks 12. Within mixed use PDs, cot themes, and multiple�F nonresidential uses with re both commercial and resid 13. Within mixedu PDs no area. Lodi?ini ,uses shall be exemnffrom4hi-s within the project. -s, common hardscape and signage shall be required to integrate architectural themes shall apply to building shall exceed 25,000 sq. ft. location ar a in commercial floor l4. Where -a' nonresidential building,in a mixed use PD is adjacent to residential buildings /located_outside the project, the nonresidential buildings shall be compatible with nearby residential`bu l'dings�The,scale such nonresidential buildings may be minimized by ``articulating t`he building mass, using sloped roofs instead flat roofs screened by \parapets, and/o�by�planting canopy trees around the building's foundation. For residential buildings adjacenNt a mixed use PD, an existing buffer may be used to satisfy`the,compatibi,lity requirement. 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. 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 P187 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. le the following: 10 access to the IRSC campus in i Timing of Construction 19. R; In each mixed use PD of locate more than 3 acres or 50% of the tot shall be constructed until at least 25% constructed, and no certificate of e exceeding 3 acres or 50% ofthe tota unless at least 25% of th`total`res14 occupancy. 1`1 -- For a mixed use PD project loc Zan 15 acres not to exceed Constructed until: 'approved, ands F:\Community 5.6.docx Revision date: January 30, 2017 �t 18t�S� venue/1 In 0/IRSC preferred location area, no area allowedwhichever is greater, 1d residential development has been Il be issued for commercial area area allowed, whichever is greater, pment has received certificates of 's agreement, and anent plan for the residential development has bo s the residential portion of the project has bl id committed to via an enforceable develops supplements for 2030 comp plan\Supplement#13\Future Land Use Policy 3 P188 ISI. ij. 11 J li Ii d Imam0i ■ i ❑�er�m� 1 EX. LAKE 1 -- - - - - - - - -20TH II" s���j ' tzos c COMMERCIAL I RETAIL/ BU INESS PARTNERSHIP ;azo Ac. AREA X19.0. AC) i ► EASEMENT ,. NDIAN. 4 = XATE C LL EGE: �IGN �� ♦ CAMPUS ♦ PARKING V z COLLEGE CAMPUS CAMPUS CAMPUS �! PARKING PARI<I.NG !® bQ�r�aarm�ra� i1� eNan" arae�s A - a7�ttachment 10 P190 =11111 ❑�er�m� 1 EX. LAKE 1 -- - - - - - - - -20TH II" s���j ' tzos c COMMERCIAL I RETAIL/ BU INESS PARTNERSHIP ;azo Ac. AREA X19.0. AC) i ► EASEMENT ,. NDIAN. 4 = XATE C LL EGE: �IGN �� ♦ CAMPUS ♦ PARKING V z COLLEGE CAMPUS CAMPUS CAMPUS �! PARKING PARI<I.NG !® bQ�r�aarm�ra� i1� eNan" arae�s A - a7�ttachment 10 P190 ORDINANCE NO. 2017 - 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. 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, recommended that the Board of County Commissioners transmit the comprehensive plan amendment listed below to State and Regional review agencies; and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on March 7, 2017, after due public notice, and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to State and Regional review agencies; and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold an advertised final public hearing at the adoption stage of this plan amendment; and WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review agencies; and WHEREAS, State and Regional review agencies had no objections to this amendment; and WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption Public Hearing on July 11, 2017, after due public notice. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and the Board of County Commissioners directs staff to transmit the amendment to the State and Regional review agencies. Attachment 11 P191 ORDINANCE NO. 2017 - SECTION 2. Amendment to the Comprehensive Plan 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 (APPENDIX A); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance and therefore the. Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTIONS. Effective Date The effective date of this ordinance and, therefore, this plan amendment shall be 31 days after the State Land Planning Agency determines that the amendment package is complete, unless a petition is filed by an affected party. This ordinance was advertised in the Press -Journal on the 26'' day of June, 2017, for a public hearing to be held on the 11'x' day of July 2017, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams, Commissioner Bob Solari, Commissioner Timothy Zorc, Commissioner 2 P192 ORDINANCE NO. 2017 - BOARD OF COUNTY. COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold; County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director F:\Community Development\Comprehensive Plan Text AmendmentsUanuary 2017 - FLUE Policy 5.6Wgenda Items\BCC Attachments for FLUE Revisions - July 2017\Attachment 11 Comp Plan Text Amendment Adoption Ordinance - July 2017.docx 3 P193 APPENDIX A - MIXED USE POLICY 5.6 Policy 5.6: By 2011, Indian River County shall adopt development regulations allowing mixed use PDs in residentially -designated areas. All mixed use PDs in residentially designated areas shall meet all of the following criteria: Development Parameters 1. The maximum proiect area for a mixed use PD in a residential area shall be 40 acres nless the property is located within the SR 60/IRSC preferred location area. The SR WIRSC preferred location area is an area adjacent to the SR 60/58 1h Avenue{ �Commercial/Industrial Node, the SR 60/66 1h Avenue intersection, and the Indian River iState College campus. In the SR 60/IRSC preferred location area, the maximum mixed use PD project area shall be 80 acres � ixed use�i`ects,not located in the SR 60/IRS6 referred location area exceeding 40 ads �si'a�l be designed as Traditional Neighborhood Design (TND) de-, Element Policies 18.1, 18.2, and 1 2. Mixed use PDs shall be limited to�aT' s be located along SR 60, US 1, Indian Indian River Lagoon), C 512, or Oslo P M-2 designated areas m -j,�rpklocated on Mix of Uses 3. To ensure of a orS&t;s Ian lvt0'and slQl:,7Fomply with Future Land Use designated L-1, L-2;::lVI ;1, and M-2 and shall `vier BlvdkHth Avenue;k G_R 510 (west of the Wo,�-11�f-� dtively, mixeaft?Ds in M-1 and sites, batare adjacent to C/I nodes. PDs c6ftn an apt hall be a`llg�,e�lgp% d location area, not S 17 ►. area. a `1 1 uses -s ANved4ari fesigned a`ifdd,4 ate A titu_ to up to 30% :ed a total of 30 acre pfresidential and commercial more than 25% No to 50% in strongly encouraged. Where residential above commercial uses, the amount of of the project's land 5. For puff &`ets of thesiQixed use regulations, commercial area shall include buildings, parking area§'j nd:�adjacent improvements that serve commercial uses. Open space areas and corriinonoreas/improvements that are shared with residential uses, however, shall not be treated as commercial area. 97'Commercial uses allowed in mixed-use PDs shall be limited to lodging, institutional, office, retail (including fuel sales), personal service, 9;—d restaurant uses:and ive/work/commercial 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 P194 APPENDIX A - 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 ! 1 �- `'' 10. On -street parking shall be allowed within mf -k 'Duse'pojects. 11. All mixed use PDs shall be designedrtopclude a transi?,��p within the project. Building Design and Setbacks Y 12. Within mixed use PDs, common architectutal tli `9 & common hardsbape and signage themes, and multiple �p�8estrian conne bins shall be required to integrate nonresidential uses with r,sMe"ntiatuses. Corrimgn architectural themes shall apply to both commercial and residei(ti al areas of�the project ,r� I ,. r r .. r . 13. Within mixec4is€',g7sz no indiv�ic ual conr�n!rialrbuiltiig shall exceed 25,000 sq. ft. (up to 60,000 sq. ft. in the SR 60/IRSC preferred location area) in commercial floor area. LodgIIg uses shalrl�b�e _exempt, 4dm t#is these lifnitationls. - A � rr 111 r ll- �Wh►, ;y r,r 14.e e,a, nonres iier�tial`h itl�l tlg.in a mr ed use PD is adjacent to residential buildings l c"kJ`dojtsJde the pi©ject, the norresiderit al buildings shall be compatible with nearby r,�r � r ,r, 11 r presidential budings. If�hscale of sifck�';raonresidential buildings may be minimized by .f, r . ` ,-1j'articulating th`�e,y, ,uilding'Esr,'rnass, using sloped roofs instead flat roofs screened by `rp a ets, and/or� gland y— anopy trees around the building's foundation. For resp( tial building Viacentrto a mixed use PD, an existing buffer may be used to satisfy,rths compatibiliity requirement. � R1,, 1 Street Networks lu ll;` r E 41 . 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. 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. K Revision date: January 30, 2017 P195 APPENDIX A - MIXED USE POLICY 5.6 17. Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk areas from automobile traffic. SR60 access to the IRSC can _College and County Public Woj Access from the IRSC campus 1 over the Lateral A Canal, and i Timing of Construction 19. In In each mixed use PD of locate more than 3 acres or 50% of the to shall be constructed until at least 25% constructed, and no cerfl&6te of C ru* 't - exceeding 3 acres or 50°Ao iof�ltl�ertola unless at least 25% of the�ttftal`t bjl occupancy. ��LI t A a F:\Community 5.6.docx Revision date: January 30, 2017 Avenue a ne 66th A is W in the SR 60/IRSC preferred location area, no o�mmercial�area allowe`d�w�hichever is greater, pro�po�sei�'residential d`e'a%'elopment has been y�,1� a �. , wa NiIM11 be issued for commercial area ;ommerc�-' 41 area allowed, whichever is greater, ntial dev Moment has received certificates of idential development d committed to via an enforceable developf supplements for 2030 comp plan\Supplement#13\Future Land Use Policy 3 P196 C N � U qq� FM o 7a G 0 z v X v C O N ID R1 O W CL _ y Q <C. O cn cs N oo x M tD Q V 1 r- z r z it O E Z ai O -O N N O Q C tq U bC Monday, June 26.2017 Treasure Const Newspajsers c7Mr, Management Directors ti Way. Port St. LUCIe FL. Management of a Minor DeveloF• Tur the purRos, ob hearing men- Order by filing a notice comments and objections of apyeai with thc� County on the adoption of the bun for ine oCCeraHon and AdmmL•tmtor Within 10 tlayyss the issuance of the 9et:s} malntanance of Dlstncf,.cfb et nate of minor 0eveloCmeat :Order In atildttion.for fthe Ooard wbil hear pursuant to Sectlbh 10.10, land Development Regula• tions, Martin County. Cotl¢ public commentand ubM ticns WiItive to the levy of WM)- Capias of$CCtion a non ad- valorem assese- HAD,LDR,are.avaftblefrom We Growth Management Ment pursuant t0florida Lew for the Uurpose of Nndlrg D¢parunenp operations and maintenance pub; lune 26, �O1r TCN 163672 and Rrintipal and interest expensesF the District. The % Distrito mays I also fund vatl• oos laces ' -G f IP.CNon of certain,whrates, 1eC5 rates. fee, NOTICE-0FpUOLICNFARINO find charges which are iden- find within the hudoetrsl. NON SEQUITUR 1116-1 Board of County Commissioners July 11, 2017 Comprehensive Plan Text Amendment FLUE Policy 5.6 Comprehensive Plan Amendment Process Application Submitted to Community Development Department Public Hearing before Planning And Zoning Commission (January 26, 2o17) Transmittal public hearmi before Board of County Commissioners March 7, 2017) Application transmitted to State and Regional Review Agencies )"? - Oa, 1 1 State and Regional Review Agencies send their Comments to the County and to the State Land Planning Agency Board of County Commissioners Iholds final public hearing (July 11, 2017) 1 Adopted amendment is transmitted: to State and Regional Review Agencies and State Land Planning Agency Purpose 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" 196-3 2 " SR 60/I RSC Preferred Location Area" An area that is adjacent to the 58th Avenue/SR 60 Commercial Industrial Node, .the SR 60/66t" Avenue intersection, and the IRSC campus. . s .. .l . f ��.,^ L taF ��. : �ad��..�,• ...�."�,t ��``;�r�� . � r� k Fi Z} . _, Y7i r ii�(S iiiE�.GC..dU dCn •.z.'. �„ . tl a x+�+«m'^ro _' 7. V D A � dj - .. • g}. F �,.' N F 4i 5' ' �K � � aTS%°� X.q 61] ik] I lag.."C�IJ. AO YIA s?[7J� -,.�- .•b "*.' �6.- ,e� 2 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 60/66th 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 Past Action • January 26, 2017 — PZC recommended that the BCC approve the proposed amendment • March 7, 2017 - BCC approved transmittal to state and regional review agencies • None of the state and regional review agencies objected to the proposed amendment 1 q(ob 5 4 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 that will continue to develop in future yea rs. Proposed Changes to FLUE Policy 5.6 Current Mixed Use Policy Proposed "Preferred MixedCriteria Use Policy modifications 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 Future Land Use & Property Ownership— IRSC/SR 60 & 66th Avenue Inter-section - ��� .y �(vy � E rx�i,�F�!kik���. . 8,5 5 t Pne'rrt Vaa vy± a f1 •lanE Ux" H � 5 r ^' 7' �j, , i�" x � g. s,l L i C9 1 _�' - - _ 177n 5r - ' RIFORMATIONNA�MA�P • NOT A SURVEY ' - - e Location Map . Anal sis • Mixed Use PD approach: preferred development form, PD design control/guarantees coordinated planning and improvements • Property adjacent to IRSC unique mixed use opportunity • Integrating IRSC future campus expansion and adjacent development infrastructure: unique opportunity to master plan a sizeable "clean slate" area of the +/- 140 acre campus and adjacent vacant property. Concept Sketch of IRSC) vate Property Re -configuration • IRSC and adjacent landowner to retain similar acreage • Potential commercial with frontage on SR 60 and 66th Ave • Institutional uses would buffer residentially designated neighborhoods to east • Concept would be implemented through execution of documents to re -align ownership and coordinate infrastructure, and through developer obtaining mixed use PD approval • Update provided at PZC and BCC hearings: developer/IRSC agreement moving forward Potential Mixed Use Project Area Concern Raised at BCC Meetin,s Commercial component could be developed with no obligation to complete residential units (vertical construction) Prior to completion of commercial, Policy 5.6 revisions do not require completion of residential units (vertical construction but To- require developer to construct or bond -out infrastructure required for the residential area (horizontal construction), 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 ]q� - q s 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 Ip --10 9 Companion Land Development Regulation Changes • Staff has initiated an LDR amendment to Section 915.20 of the county's LDRs • The companion LDR changes has been presented to the PZC • The companion LDR changes will be presented to the BCC at today's meeting subject to approval of this amendment Recommendation Staff and PZC recommend that the Board of County Commissioners approve the request to amend policy 5.6 of the FLUE by approving the attached ordinance 19(, -Il 10 L b,A2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: Bill Schutt, AICP Senior Economic Development Planner, Long Range Planning DATE: June 22, 2017 SUBJECT: Consideration of Land Development Regulations (LDR) Amendment for Mixed Use Regulations Consistent with Proposed Policy 5.6 Provisions for SR 60/IRSC (Indian River State College) Mixed Use Development It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 11, 2017. BACKGROUND Currently, the county is in the process of adopting certain amendments to its Future Land Use Element mixed use development policy (Policy 5.6). Those proposed amendments, if adopted, will modify certain requirements for mixed use projects for the "SR 60/IRSC preferred location area"; the area adjacent to the SR60/581h Avenue node, the IRSC campus at 66th Avenue, and the SR 60/66 1h Avenue intersection. Among the proposed changes are an increase in the mixed use PD project maximum area from 40 acres to 80 acres, allowing 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., and requiring provision of significant infrastructure improvements for SR60 access, 66th Avenue access, a bridge over Lateral A canal, and signalization at 66th Avenue/"18th Street". A Board hearing (final hearing) for adopting the proposed Policy 5.6 amendments is scheduled for July 11, 2017, immediately prior to consideration of the subject LDR (land development regulations) amendment. As structured, the county's LDRs implement comprehensive plan policies and must be consistent with the comprehensive plan. In fact, the LDRs are subservient to the comprehensive plan and, whenever there is a conflict between the two, the comprehensive plan prevails. In many cases, changes to a comprehensive plan policy require changes to a corresponding LDR section. In this case, changes to mixed use Policy 5.6 require changes to the mixed use development regulations of Chapter 915. To keep the county's mixed use regulations up to date with respect to the Policy 5.6 amendments, staff has prepared an LDR amendment to Chapter 915 that matches changes proposed to Policy 5.6 (see attachment #2). C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@DC05226A\@BCL@DC05226A.doc P197 PZC ACTION At its May 25, 2017 meeting, the Planning and Zoning Commission (PZC) conducted a public hearing and considered the proposed ordinance. The PZC voted 6-0 to recommend that the Board of County Commissioners (BCC) adopt the proposed ordinance subject to Board adoption of the proposed Policy 5.6 comprehensive plan amendments (see attachment #1). The BCC is now to conduct a public hearing, consider the proposed ordinance, and approve, approve with modifications, or deny the proposed ordinance. ANALYSIS • Mixed Use Developments Currently, the county's mixed use development regulations contained in LDR Section 915.20 closely mirror and implement the existing Future Land Use Element Policy 5.6. That policy, however, may change on July 11, 2017, when the Board considers adopting changes to several provisions of Policy 5.6. Those changes, if adopted, will allow commercial development within mixed use projects in a "preferred location" adjacent to a Commercial Industrial Node, the Indian River State College campus, and State Road 60/66 1h Avenue intersection. Those mixed use policy changes are fully addressed in staff's report for the County -initiated plan amendment request. As structured, the proposed 915.20 LDR amendment reflects the specific changes being considered for Policy 5.6. Because the Policy 5.6 changes provide specific and detailed standards, the proposed LDR amendment simply incorporates Policy 5.6 wording. The proposed Section 915.20 amendment has been scheduled for Board consideration on July 11, 2017, immediately following the Board's adoption hearing on the Policy 5,6 proposed changes. If the Board adopts the Policy 5.6 amendment, it can then immediately adopt the proposed Section 915.20 amendment to bring the LDRs in line with the amended Policy 5.6. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed LDR amendment ordinance. ATTACHMENTS 1. Minutes from May 25, 2017 PZC 2. Proposed Ordinance to Amend LDR Chapter 915 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@DC05226A\@BCL@DC05226A.doc 2 P198 Excerpt from May 25, 2017 Planning and Zoning Commission Meeting Minutes Chairman Poiackwich read the following into the record: B. Consideration of Land Development Regulation (LDR) Amendment to Chapter 926, Establishing Provision and Criteria for Reducing Landscape Requirements for Projects in Remote Agricultural Areas [Legislative] Mr. Stan Boling, Community Development Director, reviewed information regarding the proposed Land Development Regulation amendment and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission recommend that the BCC adopt the proposed landscape requirement ordinance: ON MOTION BY Dr. Stewart, SECONDED BY Ms. Waldrop, the members voted unanimously (6-0) _ to accept staff recommendations on this Legislative matter. Chairman Polackwich read the following into the record: C. Consideration of Land Development Regulations (LDR) Amendment to Chapter 915 for Mixed Use Regulations Consistent with Proposed Policy 5.6 Provisions for SR60 / IRSC (Indian River State College) Mixed Use Development [Legislative] Mr. Stan Boling, Community Development Director, reviewed information regarding the proposed Land Development Regulation amendment and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission recommend that the BCC adopt the proposed ordinance consistent with BCC action on the proposed changes to Policy 5.6. 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 unanimously (6-0) to .accept staff recommendations on this Legislative matter. Attachment 1 PZC/Unapproved 3 May 25, 2017 P199 ORDINANCE 2017 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENT TO CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT; BY AMENDING SECTION 915.20 MIXED USE STANDARDS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 915.20 Mixed use standards; as follows: Mixed use P.D.s. may be located within residentially designated areas, subject to the criteria below. Approval Process (1) Mixed use P.D.s shall be approved through the P.D. rezoning process. Development Parameters (2) The maximum project area for a mixed use P.D. in a residentially designated area shall be forty (40) acres unless the property is located within the SR 60/IRSC (Indian River Avenue intersection, and the Indian River State College campus. In the SR 60/IRSC preferred location area, the maximum mixed use PD project area shall be eighty (80) acres. Mixed use projects not located in the SR 60/IRSC preferred location area exceeding forty (40) acres shall be designed as Traditional Neighborhood Design (TND) developments and shall comply with the requirements of section 915.21. (3) Mixed use P.D.s shall be limited to areas designated L-1, L-2, M-1, and M-2 and shall be located along SR 60, US 1, Indian River Blvd., 58th Avenue, CR 510 (west of the Indian River Lagoon), CR 512, or Oslo Road. Additionally, mixed use P.D.s in M-1 and M-2 designated areas may be located on sites that are adjacent to C/I nodes. Mix of Uses (4) To ensure that mixed use P.D.s contain an appropriate mix of residential and commercial uses, commercial uses shall be allowed to constitute no more than twenty-five (25) percent (up to fifty (50) percent in the SR 60/IRSC preferred location area, not to exceed a total of thirty (30) acres of commercial area) of a project's land area, except as modified below in subsection (5), where uses are vertically mixed. (5) The vertical mixing of uses is allowed and strongly encourage Attachment 2 office uses are designed and located above commercial uses, Bold Underline: Additions to Ordinance Strike thFOUghi Deleted Text from Existing Ordinance C:\Users\GRANIC-1 \AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@58052722\@BCL@58052722.docx P200 ORDINANCE 2017 - area may constitute up to thirty (30) percent (up to sixty (60) percent in the SR 60JRSC preferred location area, not to exceed a total of thirty (30) acres of commercial area) of the project's land area. (6) For purposes of these mixed use regulations, commercial area shall include buildings, parking areas, and adjacent improvements that serve commercial uses. Open space areas and common areas/improvements that are shared with residential uses, however, shall not be treated as commercial area. (7) Commercial uses allowed in mixed-use P.D.s shall be limited to lodging; institutional, office, retail (excluding gas stations but including fuel sales), personal services, mid restaurant uses, and live/work/commercial flex space. (8) Drive -up windows are permitted for banks and pharmacies or similar retail uses. Drive -up windows shall be designed to not impede pedestrian access to any buildings. Drive-thru and drive -up facilities for restaurants are allowed in mixed use P.D.s, subject to the following criteria: a. Drive-through facilities shall be designed to not "wrap around" more than two (2) sides of the restaurant building and to not adversely impact safe and convenient pedestrian access from adjacent residential areas, public sidewalks, and parking areas that serve the restaurant. b. Project designs shall provide conspicuous and well articulated pedestrian routes clearly signed and marked by decorative paving, textured or colored.paving, or similar means. . C. Drive-through facilities shall not be located adjacent to an off-site property with an existing residential use, a residential zoning; or a residential land use designation. d. Drive-through facilities shall be visually screened from adjacent public roads and major access driveways. e. Order boards for the drive-through facilities shall be located to minimize noise impacts on adjacent residential uses within the mixed use PD and outside the PD. f. Outdoor lighting shall be designed to minimize impacts on adjacent residential uses within the mixed use PD and outside the PD. (9) Within mixed use P.D.s, the Floor Area Ratio (FAR) for commercial uses shall be applied to the commercial area. For the commercial area, the maximum FAR shall be 0.35. (10) Within mixed use P.D.s, the maximum number of allowable residential units shall be derived by applying the applicable comprehensive plan land use designation maximum density to the entire area of the project and, in addition, may include any applicable density bonuses provided in other sections of the land development regulations. Bold Underline: Additions to Ordinance 2 St -ike through : Deleted Text from Existing Ordinance C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@58052722\@BCL@58052722.docx P201 ORDINANCE 2017- (11) Within mixed use P.D.s, commercial areas may be situated internal to the project or may be located along a project's boundary, where such boundary abuts C/1 -designated property or a road designated in the comprehensive plan as a collector or arterial roadway. Where commercial uses are situated adjacent to residential uses located outside the project, buffering and compatibility improvements shall be provided in accordance with subsection 915.16(2). In addition, the design of nonresidential buildings adjacent to residential uses located outside the project shall comply with the requirements of paragraph (16) below. (12) On -street parking along internal streets shall be allowed within mixed use projects. (13) All mixed use P.D.s shall be designed to include at least one (1) transit stop within the project. Building Design and Setbacks (14) Within mixed use P.D.s, common architectural themes, common hardscape and signage themes, and multiple pedestrian connections shall be provided to integrate nonresidential uses with residential uses. Common architectural themes shall apply to both commercial and residential areas of the project. (15) Within mixed use P.D.s, no individual commercial building shall exceed twenty-five thousand (25,000) square feet (up to sixty thousand (60,000) sq. ft. in the SR 60/IRSC preferred location areal in commercial floor area. Lodging uses are exempt from this these limitations. (16) Where a nonresidential building in a mixed use P.D. is situated adjacent to residential buildings located outside the project, the nonresidential buildings shall be designed to be compatible with nearby residential buildings. The scale of such nonresidential buildings may be minimized by articulating the building's mass, using sloped roofs instead flat roofs, and/or by planting canopy trees around the building's perimeter. Perimeter buffers may be waived where residential uses within a mixed use P.D. are situated adjacent to similar residential uses located outside the project. Street Network (17) Each mixed use P.D. shall offer alternative routes and connections between destinations within the project, and to appropriate uses on adjacent sites, by designing and constructing a street network that consists of a grid or modified grid pattern and stub -outs or connections to adjacent sites. (18) The project shall contain a network of interconnected streets, sidewalks, and pathways. Streets shall be designed to balance pedestrian and automobile needs, to discourage high automobile speeds, to effectively and efficiently accommodate transit systems, and to distribute and diffuse traffic rather than concentrate it. Sidewalks shall be provided on both sides of project streets. Bold Underline: Additions to Ordinance 3 S`-ike thF'' -Oagh: Deleted Text from Existing Ordinance C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@58052722\@BCL@58052722.docx P202 ORDINANCE 2017- (19) Street trees shall be provided so as to shade sidewalk areas and buffer sidewalk areas from automobile traffic. (20) For a mixed use project located in the SR 60/IRSC preferred location area, the project shall provide the following: a. SR60 access to the IRSC campus in coordination with Indian River State College and County Public Works. b. Access from the IRSC campus to 66th Avenue at 1811 Street, including a bridge over the Lateral A Canal, and including 66th Avenue/18th Street signalization, in coordination with Indian River State College and County Public Works. Timing of Construction (28j) In each mixed use P.D., not located in the SR 60/IRSC preferred location area, no more than three (3) acres or fifty (50) percent of the total commercial area allowed, whichever is greater, shall be constructed until at least twenty-five (25) percent of the proposed residential development (units or lots) has been constructed, and no certificate of occupancy shall be issued for commercial area exceeding three (3) acres or fifty (50) percent of the total commercial area allowed, whichever is greater, unless at least twenty-five (25) percent of the total residential development has received certificates of occupancy or certificate of completion. (22) For a mixed use PD project located in the SR 60/IRSC preferred location area, no more than fifteen (15) acres not to exceed fifty (50) percent of the total commercial area allowed shall be constructed until: a. the infrastructure items in Section twenty (20) above have been constructed or designed and committed to via an enforceable developer's agreement, and b. a conceptual or final development plan for the residential development has been approved, and c. the infrastructure that serves the residential portion of the project has been constructed or designed and committed to via an enforceable developer's agreement. SECTION #2: 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. Bold Underline: Additions to Ordinance 4 &Fi o�;ri� : Deleted Text from Existing Ordinance C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@58052722\@BCL@58052722.docx P203 ORDINANCE 2017 - SECTION #3: 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 #4: 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 #5: 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 Bob Solari Commissioner Tim Zorc Commissioner Susan Adams BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 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 NX Deputy Clerk Bold Underline: Additions to Ordinance 5 Wike thFOUg1} Deleted Text from Existing Ordinance C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@58052722\@BCL@58052722.docx P204 ORDINANCE 2017- Proposed OR Amendment to Update Mixed Use Development Regulations Board of County Commissioners July 11, 2017 Purpose To allow update of Chapter 915 mixed use regulations consistent with mixed use Policy 5.6 SOS -I 1 Mixed Use Future Land Use Element Policy 5.6 allows for mix of commercial and residential in certain "residential" locations, subject to special criteria Policy 5.6 as amended by BCC Provides for increased planned developments (PDs) project size and modified development criteria for "SR 60/IRSC Preferred Location Area" "SR 60/I RSC Preferred Location Area" An area adjacent to the SR 60/58t" Avenue Commercial/Industrial Node, and the SR 60/66t" Avenue intersection, and the Indian River State College campus Companion Land Development Regulation Changes • Staff initiated an LDR amendment to Section 915.20 of the county's LDRs • The companion LDR changes has been presented to the PZC and recommended for approval ass- 3 3 • PD section regulations 915.20 contains mixed use • Must be consistent with Policy 5.6 • Proposed LDR amendment will 915.20 consistent with adopted 5.6 changes make Policy ac -6- � 4 Staff Recommendation Staff and PZC recommend that the Board of County Commissioners approve the request to amend Chapter 915 of the LDRs by approving the attached ordinance CR ©s- 5 5 ib. A.3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Stan Boling, AICP; Community Development Director DATE: May 31, 2017 SUBJECT: Consideration of Land Development Regulation (LDR) Amendment to Chapter 926, Establishing Provision and Criteria for Reducing Landscape Requirements for Projects in Remote Agricultural Areas It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 11, 2017. Ixetil IK, County landscape and buffer requirements are contained in Chapter 926 of the land development regulations (LDRs). Those regulations set requirements for providing canopy trees, understory trees, shrubs, and ground cover plantings and apply to development projects that require site plan approval. Conversely, site plan and landscape requirements do not apply to development of permitted agricultural uses including barns, stables, and structures related to various farming and associated production activities. As a result, the only instances when landscape requirements apply to development on agriculturally zoned land are when such development requires site plan approval for "administrative permit" and "special exception" uses such as child care centers, places of worship, public facilities, country clubs, processing plants, mining operations, demolition debris/recycling operations, and utility facilities. Most administrative permit and special exception projects located on agriculturally zoned land either lie within the Urban Service Area (USA) or outside of but relatively close to the USA boundary. Recently, FPL applied for special exception use and site plan approval for two large solar farm projects which are classified as a heavy utility use. One of the solar farm projects (Indian River Solar Energy Center) is located more than 4 miles west of the USA boundary along 122nd Avenue at the Indian River/St. Lucie County line (see attachment # 1). That project is located on a 697 acre site and consists of 350 acres of solar panel arrays and a 1 V2 acre on-site substation. located along the perimeter at the northeast confer of the overall site. During review of the project site plan, staff determined that under existing Chapter 926 regulations landscape requirements did not apply to. most of the project area where solar panel arrays were proposed but did apply to two perimeters of the 1 t/2 acre on-site substation. As a result, staff applied two sections of the existing landscape code (perimeter landscaping and non -vehicular area landscaping) to 460' of the total project perimeter to screen the substation development from adjacent properties. Based on application of existing Chapter 926 regulations to the project's required 460' perimeter landscape strip the applicant proposed 13 canopy trees, 7 understory trees, 145 shrubs, 533 small groundcover plants, and sod (see attachment #2). Because the species selected were native, low FACommunity Deve1opment\CurDev\BCC\20t7 BCC\926.05LandseWRemoteAGAreas.docx P206 water use species, no irrigation system was proposed and landscaping was to be established by water truck. The landscape plan was accepted by staff as meeting existing regulations and that plan was proposed as part of the project's site plan. At its meeting of March 21, 2017, the Board of County Commissions (BCC) considered the Indian River Solar Energy Center special exception use and site plan application. During discussion, Board members expressed concerns that some components of the proposed perimeter landscape strip may not be necessary due to the remoteness of the site and adjacency of large agricultural tracts typically separated from the project site by ditches and/or existing vegetation. In the end, the Board 1) directed staff to initiate a revision to Chapter 926 requirements providing authority for Community Development staff to reduce landscape requirements in certain situations and 2) approved the solar farm project with a condition allowing the applicant to meet reduced landscape requirements if a future landscape code provision is adopted and a reduction is granted prior to project C.O. (see attachment #3). In response to the Board's direction, staff has initiated an LDR amendment that, if adopted, will authorize the Community Development Director to reduce certain landscape requirements for site plan development projects located in remote agricultural areas, subject to certain criteria (see attachment 46). The proposed amendment has been scheduled for BCC consideration months ahead of the solar farm project C.O. If adopted, the amendment could apply to the solar farm and other similarly situated site plan projects in remote agricultural areas. PZC ACTION At its May 25, 2017 meeting, the PZC conducted a public hearing and considered the proposed ordinance. The PZC voted 6-0 to recommend that the BCC adopt the proposed ordinance (see attachment #5). The BCC is now to conduct a public hearing, consider the proposed ordinance, and approve, approve with modifications, or deny the proposed ordinance. ANALYSIS The County has three different agricultural land use designations and corresponding agricultural zoning districts. The eastern -most agricultural district A-1 (Agriculture 1 up to 1 unit/5 acres) is generally located east of I-95 inside and outside the Urban Service Area (USA) and around the original limits of Fellsmere. In the area generally west of I-95 but east of the St. John's marsh conservation area, the agricultural zoning is the A-2 district (Agriculture 2 up to 1 unit/10 acres). Furthest west (generally west of the marsh) is the A-3 agricultural district (Agriculture 3 up to 1 unit/20 acres). The three districts and the USA are shown in attachment A. Within all three agricultural districts, very low density single-family development is allowed as well as agricultural uses and a variety of administrative permit and special exception uses that are appropriate in remote rural areas but may also warrant special buffers and large setbacks. Because any legally created agricultural parcel may be developed with a single-family residence, perimeter landscaping and buffering apply to site planned development areas in order to buffer existing residences and/or possible future residences from commercial or industrial elements of an administrative permit or special exception use. Such commercial and industrial components are also required to have landscaping along public roads, for aesthetic purposes and to visually blend such development into the rural area surrounding the project. FACommunity Dcvc1opment\CurDev\BCC12017 BCCt926.05Lan&c WRemoteAGArms.docx 2 P207 In practice, the vast majority of administrative permit and special exception use projects are located in the A.-1 district adjacent to 5 acre "ranchettes" or residentially zoned areas if the A-1 site is located inside or adjacent to the Urban Service Area. Consequently, staff does not support, and the proposed ordinance does not allow for, landscape requirement reductions for projects in the A- 1 district. Administrative permit and special exception projects in the A-2 and A-3 districts are less common: in the last 30 years only a handful of such projects have been proposed. Those projects include communication towers, sand mines, a camp/retreat, an agricultural industry facility, and the two previously described solar farm projects. In addition, a proposed private airstrip is under review on an A-2 zoned site. Based on past experience with administrative permit and special exception projects in the A-2 and A-3 districts, which generally comprise the remote agricultural areas of the county, staff anticipates relatively few site plan projects in the A-2 and A- 3 areas. Staff also anticipates that projects may be viewable from public roads and that, over time, such project sites may be situated near single-family homes on large parcels, or within viewing distance of such homes. In order to limit landscape requirement reductions to remote areas where future conflicts with single-family residences are less likely, the proposed ordinance is structured to allow consideration of reducing perimeter and non -vehicular (green) space landscaping only for site plan project sites located in the A-2 and A-3 districts and located west of 102' Avenue (see attachment #4). Staff is proposing 102nd Avenue as a boundary to better protect areas south of SR 60 and east of IO2nd Avenue where 10 acre and grandfathered -in 5 acre ranchette parcels already exist and to provide adequate separation (at least 850') from residentially designated property located at the western edge of the Urban Service Area. The ordinance is also structured to provide the Community Development Director the authority to reduce landscape requirements for perimeter landscape and non -vehicular open space (e.g. green space within a development area) based on mitigating factors, including: (a) Separation of the project development area from adjacent property under different ownership. (b) Separation of the project development area from an adjacent residential use. (c) Presence of intervening vegetation (existing vegetation located between the project development area and adjacent property) or other intervening features. (d) Separation and/or intervening vegetation between the project development area and an adjacent road used by the public. In making its decision of which landscape requirements, if any, are appropriate to reduce, staff will use the proposed criteria to evaluate conditions that justify a reduction. Those conditions include separation from adjacent properties, residences, and public roads, as well as intervening vegetation or other features that may provide visual screening. The proposed ordinance also provides a reference to the existing code section that governs appeals of Community Development Director decisions. In accordance with that section [902.07], such appeals are heard by the PZC and ultimately, the BCC. F:1Oommunity DevclopmenfCwDevTOC12017 BOC1926.05LendscepeRemoteAGAreas.doex P208 Although staff has not fully evaluated the Indian River Solar Energy Center landscape plan with respect to the proposed ordinance, staff notes that in practice the landscape reduction allowance could significantly reduce requirements for remotely located projects by reducing or eliminating smaller -scale plantings (e.g. ground cover plants and shrubs) while retaining larger scale plantings such as canopy trees. The result could provide a significant savings on landscaping installation and maintenance costs while providing for large-scale trees (maturing over time) that can provide appropriate visual screening of commercial or industrialproject elements within the context of rural areas, large scale agricultural operations, and scattered homes on large parcels. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed ordinance. ATTACHMENTS 1. Location Map of Proposed Solar Farms 2. Indian River Solar Energy Center Landscape Plan 3. Minutes from March 21, 2017 BCC 4. Map of Urban Service Area Boundary; A-2 and A-3 Areas 5. Minutes from May 25, 2017 PZC 6. Proposed Ordinance FACommunity Dcvc1opmad\CurDev\B0C12017 BCC1926.05LandscapeRemouAGAreas.docx n P209 'Pin I .. _ III w 1111110I WE III 1111: 1= I _ r ■■ I p= �����r�■ MAI I rom FPL B. I'M II■Solar -� Site �III�� ►��1ii . Street SW Oslo Road 11.' ���� No 11N 9, ■ . .��_�� ■..� 1 �l nat/Pwa .iso ueld easpuel ]::&!I OM;NiTlwty W »I Ip.I V w/,W pY ra•a RW �'J ieMa u�aW .ra IIAI1l�l l�ARA bIAA11 Z i i----------------------------------------------------------------� `. ,31 I • L --------------- I i i -------J I 1 -T 1 w P211 Board of County Commissioners Meeting Minutes - Final March 21, 2017 10 PUBLIC ITEMS A. PUBLIC HEARINGS 10A.1 17-0281 Florida Power & Light Company's Request for Special Exception Use Approval for a Private Heavy Utility (Solar Energy Center) [SP -SE -17-03-01 / 2016110089-78358] (Quasi -Judicial) RocomatendAWASWOM Based on the analysis above, staff recommends that the BCC grant special exception use approval for a private heavy utility facility (solar energy center with on-site substation) to be known as FPL Indian River Solar Energy Center with the following conditions: 1. Prior to site plan release, the applicant shall provide a recorded unity of title that combines the three separate parcels currently comprising the project site. 2. Prior to issuance of a certificate of occupancy (C.O.), the applicant shall: a. Install all required landscape improvements as shown on the approved project landscape plan. b. Install the required County culvert crossing improvements as shown on the approved project site plan. ANOMMents: Staff Report Indian PJMr CO MW ROPMe Application Excerpt from Draft February 23. 2017 PZC Minutes Location Map Extended Roadway Grid Network Map, Aerial Site Plan Landscape Plan Additional Back -up -Proof of Publication -Item 10A.1 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. Each Commissioner, as requested by the Chairman, disclosed exparte communications, site visits, or independent investigations. They also affirmed that they had an open mind and could base their decisions on the evidence presented and any applicable law. The Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. Through the use of a PowerPoint Presentation, Chief Planner John McCoy, Community Development Department, described the approval process involved with Florida Power & Light's (FPL) request for a special exception use for a private heavy utility (solar energy center), provided details of an overall site plan, Page 9 P212 Board of County Commissioners Meeting Minutes - Final March 21, 2017 u►dfan Nvw county Ronda the proposed access routes to the project, and a plan for landscaping. Chief McCoy expressed the need for a precautionary condition to allow for the Public Works Department to be notified of any alternate project access route to provide protection to any County maintained culvert crossings. He noted that the site currently consists of three (3) separate parcels, of which the applicant has requested to combine into two (2) parcels through a Unity of Title. He also explained that the extent of the landscape plan was to involve landscaping around the north and east perimeter of the substation. Commissioner Solari voiced his opinions about whether a landscape plan was necessary, and felt that landscaping was not a good use of resources. He also expressed his concerns about the potential stormwater runoff, even though the area is surrounded by ditches on all sides. County Attorney Dylan Reingold discussed recent correspondence from Attorney Bruce Barkett regarding their request to revise the conditions of the Unity of Title, allowing them to combine the three (3) parcels currently comprising the project site into two (2) parcels, and stated that he wished to clarify the language in the conditions for future reference. The Chairman opened the hearing for public comment. Bruce Barkett, Attorney representing FPL, provided additional information on the site plans for the solar energy center, and expressed his support for staffs recommendations and modifications. Bart Gaetjens, External Affairs Manager, FPL, gave a brief PowerPoint Presentation on the service record of FPVs parent company, Nextem Energy, and provided information on several wind and solar power projects currently in progress. Christa Hendricks, Solar Development Group, FPL, continued with the PowerPoint Presentation by providing details on the location of the project, the solar components, potential employment opportunities, and the positive characteristics of the proposed Indian River Solar Energy Center. A lengthy discussion ensued amongst the Board, with input from Attorney Barkett and FPL about the necessity and cost of the landscaping plan; the life span and safety of the solar panels; and the need to review the Landscape and Buffer Regulations, Chapter 926, of the Land Development Regulations (LDRs) to determine if provisions could be made to allow for a reduction of the landscaping involved in the project. PM" 10 Rot'JIUMAENT 3 P213 n 0 N N t A A M •� m CCS E c is �► d 9 d= 5 a L p N � +� c i a a 3 O a Q g � as s� �� �— 0'9 m as a 'c� o d@ E c W$ E ,° o ��3 N3 a�y�yr� l� Y OO CL .0 C N ll W m o c `m `_ a I E E u as �. g m a as a c E t 0 J O o m a E a y'L ~ o m .a,T m y �.g am o � 'EQ3 EI .r�i not gs C a� c E'E o c�a € . E ok mG m c QY w 4r c m UA Eki _v N CL ' o Q ffi VI C e U U A a o0 U � N !1 rl c m UA Eki _v N CL L 0) 0/ X01 ,a O WY .0" U i§:R V A R D COUjVY4,• - — 507 } Stick Marsh r - Cypress Lake S1 Johns Marsh -_..__.- .............................. FELLSM ERE i ........::::::::::::::::.............. . SEBASTIAN ORCHIDl; , 510 ; 510 r. 1 INDIAN RIVER 51-10 " ;,VERO BEACH OK ,ECHOil El�COUNT1Y. T - AIA `.Legend r Q•.� Urban.ServiceAfea Zoning `� �• d~{�� ST. L U C I E COUNTY a •- A-1 -Agricultural-1 District (up'to'.1 unit/5 acres) ti\ � A-2 -Agricultural-2 District (up to 1/u6iU10'acres) A-3 Agric 6htiral-3 District (up o 1 unit/20 acres) u �5 r< , INFORMATIONAL MAP - NOT le SURVEY Location Map The Information on this map Is taken from reliable sources. However, its accuracy is not guaranteed. Source: I RC Community Development Department May 15, 2017 Chairman Polackwich read the following into the record: B. Consideration of Land Development Regulation (LDR) Amendment to Chapter 926, Establishing Provision and Criteria for Reducing Landscape Requirements for Projects in Remote Agricultural Areas [Legislative] Mr. Stan Boling, Community Development Director, reviewed information regarding the proposed Land Development Regulation amendment and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission. recommend that the BCC adopt the proposed landscape requirement ordinance. ON MOTION BY Dr. Stewart, SECONDED BY Ms. Waldrop, the members voted unanimously (6-0) to accept staff recommendations on this Legislative matter.. Chairman Polackwich read the following into the record: C. Consideration of Land Development Regulations (LDR) Amendment to Chapter 915 for Mixed Use Regulations Consistent with Proposed Policy 5.6 Provisions for SR60 / IRSC (Indian River State College) Mixed Use Development [Legislative] Mr. Stan Boling, Community Development Director, reviewed information regarding the proposed Land Development Regulation amendment and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission recommend that the BCC adopt the proposed ordinance consistent with BCC action on the proposed changes to Policy 5.6. 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 unanimously (6-0) to .accept staff recommendations on this Legislative matter. PZC/Unapproved 3 May 25, 2017 P216 ORDINANCE 2017 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; BY AMENDING SECTION 926.05 GENERAL REQUIREMENTS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY CONSCSSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS, BE AMENDED AS FOLLOWS: SECTION #1: The Chapter 926 Landscape and Buffer Regulations section 926.05 General Requirements shall be amended to establish sub -section 926.05(8), to read as follows: (8) Reduction of landscaping requirements for groiects in remote a *altural locations. For a development proiect subiect to Chapter 926 landscape and buffer requirements, situated may request a reduction in the requirements of section 926.08 perimeter buffer standards and section 926.10 non -vehicular area landscaping standards. Such request shall be considered by the Community Development Director and may be granted by the Director upon a finding that a reduction in requirements is warranted based on mitieatine factors which may include but are not limited to the followine: (a) Separation of the project development area from adjacent property under different ownership. (b) Separation of the project development area from an adjacent residential use. (c) Presence of intervening vegetation (existing vegetation located between the project development area and adjacent property) or other intervening features. (d) Separation and/or intervening vegetation between the proiect development area and an adjacent road used by the public. The proiect site plan shall note any approved reduction in landscaping requirements and shall show the project -specific required landscapine improvements. A decision of the Community Development Director may be appealed as provided in section 902.07 "Appeals from decision of the community development director or his desjgnee". Bold Underline: Additions to Ordinance Stere #wughi Deleted Text from Existing Ordinance F':\Community Development\CurDev\Ordimmces\20170rdimmccs\2017- 926.05(8).docx P217 ORDINANCE 2017 - SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein: SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of . , 2017, fora 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: Chaim= Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc Commissioner Susan Adams BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of 2017. M Joseph E. Flescher, Chairman Bold Underline: Additions to Ordinance 2 Shike dveu& Deleted Text from Existing Ordinance y� P Community DevelopmenW-,urDev\Ordimmces\20170rdinanccs12017- M.05(8).doex ATTACHMEN 1 P218 ORDINANCE 2017 - ATTEST: Jeffrey R Smith, Clerk of Court and Comptroller 1 Deputy Clerk This ordinance was filed 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, A10 Community Development Director Bold Und dine: Additions to ordinance 3 1�e-thmao. Deleted Tex[ frum Existing Ordinance HCommunity DevclopmertlCurDevlordinanms120170rdinancas12017- 926.05(g).docx K P219 Tre •, Coast papers Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersignedauthority 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 RiverCounM Florida: that the attached copy of advertisement was published in:the Indian River Press Journal in the following issues below. Affiant further says thatthesaid 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 indlan'RiverCounty, Florida, for a period ofone.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:6ewspopen'7he' 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 Copvline P # 463755 • INDIAN RIVER COPLANNING DEPT 1636482 Hearing: 7/11/17: 2 Ordinances Hearing: 7/11/17 Pub Dates June 26, 2017 Sworn ?tt a` ubscrlbed before me this day of, Jun 23, 201714).y .Sherri Cipda 1f (X) personal nown to me or i! ) who has produced as identification. I nrLia Joyce dein , Notary Public ,.,i�,�_:', °•• LiNi.'ti 1GvCE P:'.li.) ~ttL N:•i L uu: e "S 1 ! r u:tcta 1171 " l.,y�Col�ir,, Ls^;res 8la! 5,.2;12, " \aiiotW Naia!g rte. Wq — 1 C" 0) © U) C� m 0 ae � 9+ ' N 0 `- L (� Q 'E ... Z v X U) v N N d. CD C L MCL O hisC, Q. Q V/ Q 0) M M O Ito I Z r Z E Z 0 "p U) N O Q c U? U R # tisxx.a 4C Monday, June 26, 2017 Treasure Coast Newspapers 181 Management ofrector's )ssuarlte of a Minor DCVCIop- ment Order by flings notice of appeal with the. Coolly Adnorgi, for within 30 I,.,.of the date of issuance ofthe Milo; Develo men[ -Order LunW sudant to Sett3on 10.10. DeveloOmOnt Regula- Lions Martin County Codp (LORE. CDpto$ of Section 10.10, LDH, are -.liable from the Growth Management Department: Pull; lune 2"o, TCN 160672 41GNDttte NOTICE OF PUBLIC HEARING NOTICE is HEREBY GIVEN that the 'Board ofCOunty Com- missioners of lndlan River. County, Florida shall hold a public hearing abwhiclt par- -Des in hderest and-dHTenx shall have "I, portuntty to be heard, in the county Comill"ton Chambers D ,he County administration Buiidinp located at 1801 27th Street, vera Beach. Florida, on Tuesday, 1mY'71, 2017 at 9:00 a.m. to considxr eCapp- thin of two proposed or UY 'nances: entitled: Ordinance) AN ORDINANCE OF INDIAN RIVER- COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS): PRO- VIDING FOR AMENDMENT TO CHAPTER 915, PLANNED DEVELO➢HENT (POJ Pfl0- CESS AND STANDARDS FOR DEVELOPMENT• BY AMENDr LING SECTION 15.20 MIXED .USE STANDARDS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILI. TY; AND EFFECTIVE DATE Ordinance 2 AN OhD[NANCE OF INDIAN RIVERCOUNTY, FLORIDA. CONCEANING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PRO- VIDING FOR AMENDMENT TO CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS: BY AMENDING SECTION 926.05 GENERAL' REQUIRE-' MENTS; AND BY PROVIDING FOR REPEAL OF CONFLICT- ING PROVISIONS': CODIFICA- TION; SEVERABILITY; AND EFFECTIVE DATE. INDIAN RIVER COUNTY BOARD OFCOUNTY - COMMISSIONERS BY: Joseph E. Fiesehor, Chairman Pull; June 26, 2017 TCN 1636482 NOTICE OF PUBLIC HEARING AND REGULAR MEETING OF THE VERANO CENTER COMMUNITY DEVELOPMENT DISTRICT AND VERAN0 #1 #2, #3, #4 &45 COMMUNITY DEVELOPMENT : DISTRICTS The Board or Supervisors of Piave: CareetSDUrce Research Coast 584NW University Blvd., Suite 100 Port St. Lucie; FL 34986 PURPOSE: To discuss matters ".ernin0 the Workforce Investment Act, Workforce nnovation & Opportunity Act; Workforce Emplogmem Opportunities, -the Welfare Transition Program, One - Stop Career' Center' and the Workforce Ooveiopment Uoard; A'copy of the agenda may be obtainedat httpW careersourcer—la/. Should any person wish tit appeal any deusmn made by the Boartl with respect to an99 matter ce isidered at the aba a referenced meet. Ing, theyy, will need to ensure a:verbatlm recording of the proceedin s is made, which record Ire odes the Testimo- ny AadeYjdtaed utiopwhich tb' appeais based. in order to pfOVidE a record for ludl- �ial review. Auxiliary alds and services are available upon cs ,raqut to Individuals with disahmties.'. All voice telcotane:numbers may be reached by,.perzons dialing Florida RCIAy "711". Pub: Juno 26, 2017 TCN 1658801 e' NOTICE OF PUBLIC HEARING AND REGULAR MEETING OF THE RESERVE COMMUNITY DEVELOPMENT DISTRICT #2 tilitate number and yearat Issuance, the description Of the propCtty, and the names In which it was assessed are as follows: NON SEQUITUR Umess said certificate shall TAX DEED I'T'i Ol7l6S 4i0A'/ ON6 UN.-Y.tST TfiAT tali.-IU1N�,NIC6 CAU1.0 Bier Tttl WWXTYW hA\b 3U9r 9.G9oRE yc" Wl6T, 6YFN TNG FIh)(.t) Kt'TWG ,v gIAGT VL" to 1 NlC6 C0J'Q LY CNttT Tlln fNCIDEF7T ? Rich Hans Manager Pub: June 26, July 3, 2017 TON 1628390 'LEGAL ADVERTISEMENT The Worktorce DeveloCgent Board of the Treasure Coast, Inc. 'd/b/a Carcer5ouroo Research Coast a LWDA 20 end the Board of Directors announce a meeting9 of .the workforce DovelDpaieM Board to which :dl: persons are Invited: Date &.Time: Wednesday, June 28:2017 - 800 a.m. Place: Career5durce Research Coast 584N oawcrsity Blvd.. Suite loo Pott St. Lucie, FL 34986 PURPOSE: To discuss matters concerning the workforce. Investment Act. Workforce innovation & Opportunity Act, Workforce CmpIDyment Dp Pc rtJnitlCS.' lhE Welfare Transition Program,'One - Stop Career Centers and the. workforce Development Board. A copy of the agenda may be obtamed At htto:/1 cafeefsourcerc.co 4 Should anyDersdn wish To - appeal_ any -de W.m made - bythe Board wita-resVcct To any maltor ronsitlerCd at I above referenced meet - Ing, loco -will neetl to ensure a -verbatim recording of the proceedings is made, which record inudes thetestlme- ny and:evidence upon which the appeal is based, in order to'Grovide a record fur ludi� tial review, Auxiifary aids and- services are available upon Tequest to individuals with disabilities.. All voice Telephone numbers may be eached by persons dialing Florida Relay'711'. Pub; June 26, 2017 TCN 1658814 LEGALADVERTISEMENT _. ._ The Workforce Development Board of the Treasure Coast, Ina. d/6/a CareerSource Research Coast - LINDA 20 and the Treasure Coast workforce Consortium announce a meeting8 of the Workforce Oevelon elf Board to which all persons are Invited: Rich Hans Manager Pub lune 26. July 3'2017 TCN 1612154 I NOTICE OF APPLICATION FOR TAX DEED Tax Dead File No.: 16-451 MARGARET BANAL. Deputy Clerk CIerX of the Circuit Court. 51. Lurie County Pub: June S. 12.19. 26, 2017 TCN 1623606 NOTICE OF APPLICATION FOR TAX DEED Tax Deed File No.: 16-452 NOTTCE1SHERFBY GIVEN that TAX EASE FUNDING 2x16-1 LLC the holder of the follow- ingcertificate has filed said certificates for a tax deed to he Issued thereon. Th—, number and year of issuance, the description of the prouerty, and the names in which it was assessed are as follows: Certificate No.: 2 01 41110 2 Yearof Issuance: 2014 Address' 1707 N 16TH 5T, FORT PIERCE SL be WCIC�S[a1C OF I .certificate shalt Propertyy may ble redeemed "T' "a the St. Lurie County Tax Colicctar. For redemp+ than mounts. and Insiruc- tions; please contact the Tax Collector, 772x462-1650. Date this. 22nd 'day of May. 2017; MARGARET RAHAL. Deputy Clerk Clerk of the Circuit Court; St: Lucie County Pub: lune 6 32,19, 26, 2017 TCN 162d44S NOTICE Of APPLICATION FOR Umess said certificate shall TAX DEED be redeemed aCCOrdinito Tax Deed File No.; 16-454 IAw the property described in such certificate' Shall be said to the N hest bidder by NOTICE IS HEREBY GIVEN, that TAX' CASE FUNDING 2016-1 electronic sale loth of July, 2017 at IHtps://sUucie.cier- LLC the holder ofthe follow- trig certificate has filed said kauction—at at 11:00 A.M. WARNING certificates for a tax deed to be Issued thereon. The THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN eertiffaate numhor and year OR IN WHIG H YOU HAVE A of issuance, the desWip- tion oftheprovVe It' and LEGAL INTEREST.THE PROP - ERTY WILL BE SOLD AT PUB - the names in which it .was' assessed aro as follows: LIC AUCTION ON 07/10/2017 UNLESS THE BACK TAXES Certificate. No.: 2014/1630 ARE PAID. TO MAKE PAY. MENT, OR To RECEIVE FUR- yearofissuance: 2014 Address: THER INFORMATION, CON - TACT: THE CLERK OF COURT 3707AVENOE M, FORT PIERCE IMMEDIATELY AT 2300 Property Description: LOT 6 AND THE EAST Ill -OF- LOT S. BLOCK 29. SUN- VIRGINIA AVE. 2ND FLOOR, FORT PIERCE. FL 34892, 772- 45246926. LAND GARDENS, ACCORDING Propert may 6c redeemed TO THE PLAT THEREOF. AS DED RECORDED IN PLAT BOOK 8. 'Illy through the St. Lucie Coun[p taxCo6ector. For: redemp- AT PAGE 32, OF THE PUB. LIC RECORDS OF .ST. LUCIE tion amountsand tions; please contact the Tax COUNTY FIORIpA Parent p: FLO6IDA -000/8 Collector, 772-452-1650. Date this .22nd day. of May, Nnme(s) In Which assessed: DELORES C. CALLOWAY(EST)/ 2017. JOHN C. CALLOWAY AKA JOHN L, CALLOWAY MARGARET-RAHAL, Deputy Berk, Said property hemp In the Berk Of the Circuit Court. .County Of S[. Lucie. Stale of Florida. 5l. Lucie ty Pub:lune5d2.Coun19.26,2017 Unless said certificate shall TCN 1623673' be redeemed a.,trding to Itin! property described In spill certificate shall be sold to Me higDesi bidder by electronic sale IOth of July, NOTICE OF APPLICATION FOR TAX DEEP 2017 at: https://stiuclo.cler- kauction.tOm 6(11:00 A.M. WARNING Tax Deed Fite No.: 16.457 THERE ARE UNPAID TAXES NOTICE 15 HEREBY GIVEN, that ON PROPERTY WHICH YOU OWNOR IN WHICH YOU TAX EASE FUNDING 2016-1 LLC the holder of the foliow- HAVE A LEGAL INTEREST. Ing certificate has filed said THE PROPERTY WILL BE SOLD AT PUBLIC AUCTION certificates for a tax deed to be issued therew. The top ON 07110/201 7/102 01 7 UNLESS THE Uficate number and ye1111 BACK TAXES ARE PAID, TO MAKE PAYMEVT OR TO RECEIVE FURTHER IS4FORMA- Issuance, the description of the pp I. ty, and the names in TION, CONTACT THE CLERK whi<hft was assessed are as follows: OF COURT IMMEDIATELY AT 2300 VIRGINIA AVE, 2ND Certificate No.: 2014/1910 FLOOR, FORT PIERCE, FL 2 Yearof issuance: 2014 le— A503 Dropert977may2 be edeemed through, the SLLucie N 25TH ST, FORT PIERCE 34550 County Tax Cchector. Forr-redemp- ProOerty Desorlption: tion. amounts and. instruc- LOT 4, BLOCK -3, EMpNCiPA- tions. Pilose contact. the Tax Collector; 772-462-1650. Date this 22nd day of May. TION PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN 2C17. PLAT BOOK 1. AT PAGE 38, MARGARET RAHAL OF THE -PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. =MARGARET LESSAND EXCEPT THE EAST Civil, of the Circuit Court, St. Ludt GDlmty 10 AD F£ETTHEREOF DarcN ID1408-501-0040.000/8 Pub: )une5.12.19. 26, 2017 TCN 162SS61 Names) in Which Assessed: DEBORAH GAUTHIER Sold property being In the NOTICE OF APPLICATION FOR TAX DEED' Cdunty of SL Lucie, State of Florida. Unless said certificate shall Tax Deed File No.: 15.455 be redeemed adcoNing to NOTICE IS HEREBY GIVEN, that law 'a* pr tlescnDed In such certificate shall be TAX CASE FUNDING 2016.1 sold to the hi hest bidder by LLC the bottler Of. the follow- in9 certificate has filed said electronic sale loth of July, 2017 at https://stfucie.der- certhIcates for a tax dead to Be issued thereon. The C ­Said kauction.com at 11:00 A.M. Property being in the tificate. number and year of Issuance. : the description o1 County of SL Lucie. State of Florida. the PP nyoerty; and the names in WARNING wl+ith it was assessed are as follows: THERE ARE UNPAID TAXES ON. PROPERTY WHICH YOU OWN CertiffcateNo: 2014/1644 OR IN WHICH YOU HAVE A- LEGAL)NTEREST.:TH' PROP-- Year ofIssuance: 2014 ERTYWILL BESOLD ATPUB- Address: 39D4AVENUE K. FORT PIERCE LIC AUCTION ON 07/10/2017 UNLESS THE BACK TAXES Proplrty.D"_ thh: ARE PAID. TO -MAKE PAY - LOT 12, BLOCK 31, 1 INLAND GARDENS. ACCORDING TO MENT, OR TO RECEIVE FUR- THEIR- INFORMATION, CON, THE PLAT THEREOF, AS TACT THE CLERK OF COURT RECORDED IN PLAT BOOK 8, AT DAGF. 32, OF THE PUB- lIC RECORDS OF ST. LUCIE IMMEDIATELY AT 2300 VIRGINIA AVE- 2ND -FLOOR, TORT PIERCE, FL34892,772- COUNTY ,- FLORIDA: Hartel ]0:2405.601-0575.000/5 462.6926. ProperttyY may be redeemed Name(s) in Which Assessed: DIANA KELLY MARCELLIUS tragal] the SL Cud' County Tax CuBector. For .redemp- ROBINSON/ JENNITTA ROB- INS0N/ ALTON KELLY/ MARC tion amounts and instruc- tions,. please contact the ELLIOTT ROBINSON Said property being in the Tax Collector, 77 -462-1650. Date this 22nd day of May, County of 5t. Ludt. State of 2017. 10, A,, q. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: June 27, 2017 SUBJECT: Appeal by Hal & Martha McAdams of a Decision by the Planning & Zoning Commission to Deny a Side Yard Setback Variance of 5' Feet for a Pool Enclosure on Lot 3, Block 1, Diana Park Subdivision [VAR -17-05-01 / 92080125-78723] Itis requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 11, 2017. BACKGROUND, DESCRIPTION, & CONDITIONS Hal and Martha McAdam submitted a request for a 5' side yard setback variance to construct a pool enclosure around an existing pool and deck (see attachment #3). The subject site is located on the east side of 61' Avenue just north of 41' Street at 540 61't Avenue (see attachment #2) and is zoned RS -3 (Residential Single -Family up to 3 units/acre). At its meeting of May 25, 2017, the Planning & Zoning Commission (PZC) denied the variance request on a 4 to 2 vote. The variance was denied based on not meeting all eight criteria required in Chapter 902 of the code as being necessary for a variance approval (see analysis in attachment # 3). The McAdams are now appealing the PZC's denial of the variance request. The subject residential lot is located within the Diana Park subdivision which was platted and developed in 1958. When the home on Lot 3 was constructed in 1984, the subject subdivision was zoned R-1 (Single -Family District) which had setbacks of 20' on the front, 15' on the rear, and 10' on the sides. The applicant indicates at the time the home was proposed in 1984, the owner chose to justify the home to the north side of the subject lot with a 10' side yard setback line in order to preserve large oak trees which exist on the southern portion of the lot. Later in 1985, the subject lot and subdivision as well as several other areas in the county were rezoned from R-1 to RS -3 which has greater setbacks (25' front and rear, 15' sides). Although the 1985 rezoning action increased setbacks on numerous lots, staff believes that the total number of non -conformities created by that action is limited. Under current zoning regulations, the subject residence is a legal non -conformity with a non- conforming 10' side yard setback on its north side. When the pool and deck for the subject residence were constructed in 1992, the subject site including the surrounding parcels had been zoned RS -3 (Residential Single -Family up to 3 units/acre) for seven years. The pool was proposed by the owner to meet the RS -3 district minimum 15' setback to the pool. No pool enclosure was proposed at that time. The deck was allowed to be constructed to within 5' of the side property line as allowed by County code, and was constructed approximately 10' from FACommunity Deve1opmentlCurDev\BCC12017 BCC\McAdamsappeal(VAR-17-05-01)78723.docx P220 the side property line; essentially in line with the side of the grandfathered -in home. Thus, the existing deck and pool are consistent with current land development regulations which provides a reduced setback for pool decks. Now, many years after construction of the pool and deck the owner wishes to cover the entire deck footprint with a screen enclosure. The enclosure, however, is required to meet the 15' side yard setback. The applicant has indicated that locating the pool enclosure 15' from the side (north) property line, the location of the pool edge proposed by the owner and approved in 1992, would put the screen wall of the enclosure at or over the edge of the pool and join the house at the edge of a window. In order to provide for a pool enclosure that would simply "fit over" the existing pool and deck, the applicant has sought a 5' setback variance to locate the pool enclosure 10' from the side (north) property line. For many years, setback variances such as the subject request were heard by the Board of Adjustment (BOA) which was a separate body appointed by the Board of County Commissioners (BCC) with the sole responsibility of hearing zoning variance requests. Because zoning variance requests were rare, and were rarely granted due to the stringent variance review criteria common throughout the state and specified in the County LDRs (land development regulations), the BOA became largely inactive. In 2015, the BCC with the support of staff and no objection from the last BOA chairman, dissolved the BOA and assigned the PZC the responsibility of hearing variance requests. This subject request was the first variance application filed since 2015 and was the first variance request heard by the PZC. Consequently, the PZC had jurisdiction to act on the request and the applicant exercised their right to appeal the PZC's decision to the BCC. The BCC is now to consider the appeal and is to approve, approve with conditions, or deny the appeal. ANALYSIS LDR Section 902.07 provides guidelines for the Board's review of an appeal. Under Section 902.07(4), the Board is to review the PZC decision and make findings in the following three area. (a) Did the reviewing official fail to follow the appropriate review procedures? If so, what procedural error was made? (b) Did the reviewing official fail to properly interpret or apply the applicable zoning district regulations? If so, what error in interpretation or application of zoning district regulations was made? (c) Did the reviewing official fail to properly evaluate the application or request with respect to the comprehensive plan and land development regulations of Indian River County? If so, what error was made in evaluating the application or request with respect to the comprehensive plan policy or land development regulations? The Board is to consider each of these criteria and make findings in all three areas addressed by the criteria. Staff's analysis of the PZC's decision in regard to the three criteria as follows: (a) Did the reviewing official fail to follow the appropriate review procedures? If so, what procedural error was made? F:\Community Deve1opment\CurDev\BCC\2017 BCC\McAdamsappeal(VAR-17-05-01)78723.docx 2 P221 Please see attachment #1 for the applicant's response to the appeal criteria. Both the applicant and staff agree that the PZC followed the proper review procedures in making its decision. Staff properly noticed and processed the variance request which was properly considered by the PZC. (b) Did the reviewing official fail to properly interpret or apply the applicable zoning district regulations? If so, what error in interpretation or application of zoning district regulations was made? The appellant and staff agree that the applicable zoning district criteria were properly applied by the PZC. The RS -3 zoning district criteria and side yard setback were properly applied to the proposed enclosure. The 904 criteria related to non -conformities which precludes additions that would expand the degree of non -conformity was also properly applied by the PZC. Lastly, section 902.09(6) regarding the eight required variance criteria was properly applied by the PZC. (c) Did the reviewing official fail to properly evaluate the application or request with respect to the comprehensive plan and land development regulations of Indian River County? If so, what error was made in evaluating the application or request with respect to the comprehensive plan policy or land development regulations? The appellant and staff agree that the PZC properly evaluated the request with respect to the comprehensive plan and LDRs, including the LDR sections cited above. While the appellant agrees that the PZC met all three appeal criteria, the appellant wants to present their "side of the argument" to the Board. Staff s conclusion is that the Planning & Zoning Commission met all three of the appeal review criteria. Therefore, it is staffs opinion that the Board should uphold the action of the Planning and Zoning Commission and deny the appeal of the PZC's decision to deny the requested, variance. ALTERNATIVES While the PZC denied the variance, PZC members had considerable discussion and expressed several concerns associated with the variance request. The most substantive concern was the County's role in changing the zoning of the subject site in 1985. That action changed the side setback of the subject lot from 10' to 15' and rendered the subject residence a legal non -conformity with a 10' side yard setback on its north side. Some PZC members felt that the county's 1985 rezoning action led to the owners' situation. In voting to deny the variance request, a PZC member indicated they were reluctantly voting to deny the variance request since all eight of the variance criteria were not met, but that following the LDR did not necessarily produce a desirable or logical result. During the discussion, a PZC member suggested that a focused, narrowly tailored LDR amendment may be appropriate as an alternative to a variance. As currently written, the LDRs generally prohibit changes to non -conforming structures and uses that increase or expand the degree of the non -conformity. Changes to a non -conforming structure are allowed that reduce the degree of the non -conformity and additions that fully comply with the current LDRs are also allowed. An excerpt of the current code is below. FACommunity Deve1opment\CurDev\BCC\2017 BCC\McAdamsappeal(VAR-17-05-01)78723.docx P222 Section 904-05. Expansion, uir_reave, or chaiage of nonconfo. tnid es. (1) Generally. No nonconformity shall be enlarged, increaseal or changed to a different nonconformity, except upon a determination by the director of community development or his designee that the change results in lessening of the degree of the nonconformity. (2) Additions to nonconforming structures. Additions to nonconforming structures containing conforming uses shall be permitted, if the additions to the structure(s) comply fully with setback and other applicable site -related regulations. The general prohibition on expanding a non -conformity is logical, is a foundational principle of non - conformities regulations, and should remain. There is, however, an existing reasonable exception to that general rule. Under the current code, in circumstances where government action in the form of right-of-way acquisition creates a non -conformity, that non -conformity is allowed subject to a staff - approved "cure plan" that mitigates but does not fully resolve the non -conformity created by the government acquisition. A narrowly focused exception to the general provision section of the code could also be crafted that allows limited expansions to non -conforming structures resulting from a County initiated zoning action. Such a narrowly -tailored exception to the general prohibition could read as follows: For a legally established nota -conforming single Jami v home that becaine non- conforming due to a Couuty initiated r0-- ning action occurring after Jc:nraaiy 1, 1980, a setback noir-cofformit', may br- axtended for an attached accessory structure such as ca screen enclosure provided such extension does not exceed the degree of setback non -conformity of the single-family resid.,mu c:. The Board can direct staff to prepare such an LDR revision. Adoption of such an exception could provide relief to the applicant and any single-family lot owners similarly affected by a county -initiated rezoning action. In staff's opinion, the number of single-family setback non -conformities created by county -initiated rezoning action is limited (probably less than 50). RECOMMENDATION Based on the analysis, staff recommends that the Board of County Commissioners make a finding that the Planning & Zoning Commission adequately evaluated the variance application under the appropriate variance criteria and uphold the Planning & Zoning Commission's decision to deny the requested variance. ATTACHMENTS 1. Appeal Letters 2. Location Map 3. PZC Staff Report with Attachments 4. May 25, 2017 Approved PZC Meeting Minutes FACommunity DevelopmenACurDev\BCC\2017 BCC\McAdamsappeal(VAR-17-05-01)78723.docx 4 P223 n e. -Apl; hS 11 :V.. �CO JAI Hal McAdams ,� 540 61 Ave.. r t.i.. r• C�' , oPtTr: Vero Beach, FL 32968 June 9Q17 Variance appeal to the Board of County Commissioners To: John McCoy, AICP Chief, Current Development IRC Community Development Department 180127a' Street Vero Beach, FL 32960 Dear Mr. McCoy, My wife and I are requesting the right to appeal before the IRC Board of County Commissioners for . our variance request. Please accept this letter as our request for that hearing. Sincerely, . t Hal McAdams WACH ENT P224 To: John McCoy Indian River County Appeal of Variance Request. Hal McAdams 540 61' Ave Vero Beach, FL 32968 Dear Mr. McCoy, Here are the answers to your submitted questions June 19, 2017 (4) Action by the planning and zoning commission, findings of fact. At the appeal hearing, the planning and zoning commission, in conformity with the provisions of law and these land development regulations, may uphold, overturn, or overturn and affirm in part the decision being appealed. In reviewing an appeal, the planning and zoning commission shall make findings in the following areas: (a) Did the reviewing official fail to follow the appropriate review procedures? If so, what procedural error was made? 1 think they followed the appropriate review procedures. (b)Did the reviewing official fail to properly interpret or apply the applicable zoning district regulations? If so, what error in interpretation or application of zoning district regulations was made? No. (c) Did the reviewing official fail to property evaluate the application or request with respect to the comprehensive plan and land development regulations of Indian River County? if so, what error was made in evaluating the application or request with respect to the comprehensive plan policy or land development regulations? No. I still want to present my side of the argument before the Indian River County Commissioners. Sincerely, "4�e 4" -- Hal McAdams ATTUHMENT 1 225 P226 .ZTc!m 14 A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Members of the Planning and Zoning Commission DEPARTMENT HEAD CONCURRENCE: Stan Boling, 11", -Community Development Director FROM: John W. Mc AICP; Chief, Current Development DATE: May 10, 2017 SUBJECT: Request by Hal & Martha McAdams for a 5' Side Yard Setback Variance for a Pool Enclosure on Lot 3, Block 1, Diana Park Subdivision [VAR -17-05-01 / 92080125-787231 It is requested that the data herein presented be given formal consideration by the Planning and Zoning Commission at its regular meeting of May 25, 2017. BACKGROUNDS DESCRIPTION, & CONDITIONS Hal and Martha McAdam have submitted a request for a 5' side yard setback variance to construct a pool enclosure around an existing pool and deck (see attachment #1). The subject site is located on the east side of 61' Avenue just north of 4h Street at 540 61" Avenue (see attachment #2) and is zoned RS -3 (Residential Single -Family up to 3 units/acre). The subject residential lot is within the Diana Park subdivision which was platted and developed in 1958. When the home on Lot 3 was constructed in 1984, the subject subdivision was zoned R-1 (Single -Family District) which had setbacks of 20' on the front, 15' on the rear, and 10' on the sides. Later in 1985, the subject subdivision as well as several other areas in the county were rezoned from R-1 to RS -3 which has greater setbacks (25' front and rear, 15' sides). The applicant indicates at the time the home was proposed in 1984, the owner chose to justify the home to the north side with a 10' side yard setback line in order to preserve large oak trees which exist on the southern portion of the lot. When the pool and deck were constructed in 1992, the subject site including the surrounding parcels, had been rezoned to RS -3 (Residential Single -Family up to 3 units/acre). The sideyard setback in the RS -3 zoning district is 15' versus the previous 10' side yard in the R-1 zoning district. The pool was properly permitted and met the 15' setback to the pool. The deck was allowed to be constructed to within 5' of the side or rear property line as allowed by County code. The deck is constructed approximately 10' from the side property line; essentially in line with the side of the grandfathered - in home, and is consistent with current land development regulations which provides a reduce setback for pool decks. F:1Community DevelopmentlCurDevlP&Z\20171McAdamsvariance(VAR-17-05-01)78723.docx P227 Now, the applicant wishes to cover the entire deck footprint with a screen enclosure. The enclosure, however, is required to meet the 15' side yard setback. The applicant has indicated that locating the pool enclosure 15' from the side (north) property line would put the screen wall of the enclosure at the edge of the pool and join the house at the center of a window. The applicant is now seeking a 5' setback variance to locate the pool enclosure 10' from the side (north) property line. For many years, setback variances such as the subject request were heard by the Board of Adjustment (BOA) which was a separate body appointed by the Board of County Commissioners with the sole responsibility of hearing zoning variance requests. Because zoning variance requests were rare, and were rarely granted due to the stringent variance review criteria common throughout the state and specified in the County LDRs (land development regulations), the BOA became largely inactive. In 2015, the BCC with the support of staff and no objection from the last BOA chairman, dissolved the BOA and assigned the PZC the responsibility of hearing variance requests (see attachment #5). This is the first variance request filed since 2015 and the first variance request to be heard by the PZC. The PZC is now to consider the requested variance in light of the variance criteria in Chapter 902 and is to approve, approved with conditions, or deny the request. ANALYSIS The subject subdivision, Diana Park, contains lots that range from 85' to 128' wide which conforms to the RS -3 minimum lot width of 801. The subject property (Lot 3) has a width of 100'. Consequently, the subject lot and surrounding lots have the normal width to meet the application RS -3 setback requirements, including the 15' side yard setback required for pool enclosures throughout the RS -3 district. The subject home, pool, and deck were properly permitted and constructed in accordance with the 1984 and 1992 approved permits. The result is a legally established non -conforming setback (site - related non -conformity) for the home at 10' from the north property line and a conforming pool and pool deck. The variance request is to allow construction of a pool enclosure to continue the line of the house at 10' from the side property line. The proposed new construction would constitute an addition to the non -conforming residence and as proposed would result in an expansion or extension of the existing non -conforming setback encroachment. Such an expansion of a non -conformity is not consistent with land development regulation section 904.05 (see attachment #4) and would set a precedent for extending and expanding numerous existing non -conformities in the RS -3 district contrary to 904.05. The applicant is requesting to use an existing grandfathered -in condition, which was properly permitted and legally established, to justify a variance for new construction. If granted, the variance would apply the side yard setback of the previous R-1 zoning district, allow extension of a structure to within 10' of the side property line, expand the degree of the non -conformity, and apply old zoning rules that were changed in 1985 and that are not applicable to other RS -3 property owners. Please see attachment #1 for related information provided by the applicant to support the variance request. In summary, the applicant has indicated that meeting the 15' RS -3 side yard requirement for the screen enclosure is a hardship and makes enclosing the pool and deck unfeasible placing the desired enclosure at the pool edge rather than at the edge of the existing pool deck. FACommunity Development\CurDev\P&Z\20171McAdamsvariance(VAR-17-05-01)78723.docx 2 P228 To grant the variance requested, the PZC must conclude that the circumstances and conditions related to the proposed setback encroachment are unique to the subject property. Such conclusions must be guided by findings based upon review of the request in light of the eight variance criteria contained in section 902.09(6)(a) of the land development regulations (LDRs). No variance may be granted unless the Board finds that the request satisfies all eight of the following criteria. 1. Special Condition. The special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district: 2. Action of applicant. That the special conditions and circumstances do not result from the actions of the applicant or illegal acts of previous property owners. 3. Special Privilege. That granting the variance requested will not confer on the applicant any special privilege that is denied by the regulation to other lands, buildings, or structures in the same zoning district; 4. Unnecessary Hardship. That literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the regulations and would constitute an unnecessary and undue hardship upon the applicant, 5.. Minimum Variance Necessary. That the variance granted is the minimum necessary in order to make possible the reasonable use of the land, building, or, structure; 6. Purpose and Intent Compliance. That the granting of the variance will be in harmony with the general purpose and intent of these zoning regulations and the Indian River County comprehensive plan; 7. Detriment to Public Welfare. That such variance will not be injurious to the surrounding area or otherwise be detrimental to the public welfare; and 8. Reasonable Use. That the property cannot be put to a reasonable use which fully complies with the requirements of this ordinance. It is staffs position that most of the eight criteria are not satisfied by the request. Staff s evaluation is as follows: 1. Special Condition. The existing home is considered a legally established non -conformity with a 10' rather than a 15' side yard setback. To allow the screen enclosure to be constructed within a 10' side setback will expand the degree of setback non -conformity on the lot. While the property contains a structure (the residence) that is legally non- conforming, that structure does not constitute a special condition unique to the subject property. Staff is aware of numerous legal non -conforming residential structures on RS -3 zoned lots and the presence of such non -conforming structures is not a factor in applying the current setback standards. Therefore, no special condition exists that is unique to the subject property that justifies the requested variance. FACommunity Development\CurDev\P&Z\20171McAduuvariance(VAR-17-05-01)78723.docx P229 2. Action of applicant. While the action of the applicant in 1984 did contribute to the location of the home being 10' from the side property line, the action was consistent with the code at the time. That past legal action, however, does not provide a justification for the applicant to continue using 1984 regulations (see item #3 below). 3. Special Privilege. Granting the variance would convey a special privilege to the applicant denied other owners of RS -3 zoned lots by allowing a structure closer to the property line than others in the same zoning district. In fact, granting the variance would set a precedent contrary to long-standing regulations on non -conforming structures. There are a number of older structures in the County that have setback non -conformities. The criteria for what can be done to those structures is specifically stated in Chapter 904 (see attachment #4). That section specifically states that additions to non -conforming structures, such as the proposed pool enclosure, may be permitted "...provided that such additions are in conformance with all applicable laws and ordinances of the county, do not create non -conforming uses or structures, and do not increase the degree of the existing site -related non- conformity." Granting the required variance would create an additional non -conformity and expand the degree of an existing non -conformity. Therefore, granting the requested variance would grant a special privilege to the applicant not allowed per Chapter 904 for other RS -3 properties with non -conformities and does not meet the "special privilege" criterion. Thus, the "special privilege" criterion is not met. 4. Unnecessary Hardship. The provision of a screen enclosure does not rise to the level of an unnecessary hardship. The proposed screen enclosure could be built to meet the 15' setback (see attachment #6). Although the enclosure location is not preferred by the owner, the option to meet the 15' setback like other RS -3 lot owners is available. Therefore, there is no unnecessary hardship to justify granting the requested variance. 5. Minimum Variance Necessary. The applicant is requesting a variance of 5' which is the difference between the 10' and 15' side yard setbacks, so the entire existing deck can be enclosed. It is possible that the screen enclosure could be built without the requested 5' variance, as noted above. Therefore, no variance is necessary for construction of a screen enclosure and the "minimum variance necessary" criterion is not met. 6. Purpose and Intent Compliance. The request is not consistent with the proposed intent of the RS -3 zoning district criteria which is to have larger side yard setbacks (15' minimum) and greater separation between homes on lots wider than 80' as compared to the old R-1 district regulations which allowed 10' side yard setbacks. The subject lot is 100' wide and can accommodate new structures and additions that conform to normal RS -3 requirements. Also, as outline above, the variance is contrary to specific provisions of Chapter 904. Therefore, the "purpose and intent compliance" criterion is not met. 7. Detriment to Public Welfare. The variance request does not appear to be generally detrimental to the Public Welfare, although if granted will visually impact an adjacent property in perpetuity. 8. Reasonable Use. The property can be reasonably used in its current condition or with a conforming screen enclosure, as previously detailed above. Thus, the "reasonable use, criterion is not met. FACommunity Development\CurDeviP&Z\20171McAdamsvariance(VAR-17-05-01)78723.docx 4 P230 Because the requested variance does not meet the Chapter 904 prohibition on expanding non- conforming structures, and because it does not meet several of the eight mandatory criteria that must be satisfied in order for the variance to be granted, the request needs to be denied. RECOMMENDATION Staff recommends that the Planning and Zoning Commission not grant the following variance. ATTACHMENTS 1. Application and Related Material 2. Location Map 3. Sketch of Proposed Enclosure 4. Excerpt from Chapter 904 5. Excerpts from Chapter 902 6. Potential Location of Conforming Enclosure APPROVED A8, TO FORM AND L60AL SUFFICIEN Sy YLAN. ArmINGOLD 00d1W1'Y ATTORNEY FACommunity DevelopmentlCurDev\P&Z120171McAdamsvariance(VAR-17=05-01)78723.docx 5 P231 MICAM TOIN FOR V�I CON EJR+iW d 1N. MAN -RIVER COUNTY ROAM OFA JUS'frt laPr.AND-APPEALS ol Vr D r. l- ATE: TELEPHONE: Z2-- 45 72n:,FAX P. &MAEL LEGAL In being considered for a variance, the Board of Adaustamnt and Appeals is required by law, (LDR Section 942.09) to consider the following gaestions as critaria for granting a variance: I. Is your situation due to uncap a cummstames not created by you or illegal acts of previous owners? Explain such circnmstsaces: 2. Do special conditions and circumstances exist which are peculiar to your land or structure and which are not applicable to other lands or structures in the same zoning district? Explain such conditions or circumstances: 3. Would literal kkgwetation of the provisions of the Ordinance deprive you of rights commonly enjoyed by otbarpmperty owners in the same zoning district? Explain such rights: FAY DWBkf Ut\U A V .Wp.doC Itownd7aws i nmemgru'r I P232 Answers to Ques"oft for Virlance Consklcrraz1on Qu6stion I. when I set out to build my home at this location, we decided to set our home structure at the furthest allowable location on the North side of our properly. Ely locating our home this %vay we vmre able to save a 1004- year old sive 031. tree, tyro Laurel Oa!m and a native Palm tree that are stili standing and growing today. Had we centered ou: Mmes location von vioarid have lost those trees and possibly damaged the roots of an exist+rZ 300+ year, bid Lttiz Oak tree located on the south side of our property. Located on our lot at this time are 13 Oak trees, 9 Palm trees and 1 Pine tree. Ques-ii m 2. If only allowed to comply with the existing setback, it would not be feasible for the pool to be enclosed. With the existing set beat, an enclosure on the north side of the pool would nave to stop at the edge of the North side of the pool structure itself Instead of the North side of the pool deck. A difference of S'. 7hIs would also have the screened' enclosure terminate into the middle of the bedroom window instead of the edge of the borne structure. Qiieslicm 3. We would =ll a to have the right to enclose our pool and necking so that we can enjoy our pool during the warm climates and not have to contend with biting insects, espedaliy those that have the ability to transmit diseases. This is especially Impol tent for my wig since she had foot surgery and swimming Is the only everdse that doesn't cause pain to her foot. She has S pins in her foot that limit her rnobility. P233 4. A variance,, as requested, will not permit, establish or enlarge any use or structure which is not permitted m the district. Does your request meet this requirement? 5. . Is the variance the minimum necessary to make possible the reasonable use of laced, building. or 1.� stmeture? lain how the was datarmkai. 1 I..., a L(.&7sr>-4%6 • w �' Ee.S t�nr.irlJ � �► C� YJI.0 b. Haw would granting the variance request be in harmony with the comprehensive plan and land APVPlmmnmif temilatianc? I 7. Would granting the variance be injurious to the surrounding area or be detrimecntal to the public 8. Can the property be put to a reasonable use without the of the variance? Bxplain. �.� 4&P— ems& OA� If you can clearly answer yea to the abavc questions, you are eligible to be considered for a variance and you may submit the applicatiom P234 k. The variance request follows: 46 q U1 L- i .i r A _in A - ,n �I fryliL'.. Four copies of the plot plan of the lot and variance requested, shall be atatached to the application and shall include the criteria listed below: a: Exact dimensions and locations of existing buildings and structures. b. Exact Dimensions and locations of all proposed additions. C. Required setbacks d. Location of all existing easements e. Clearly delineate the specific variances requested The plot plan shall be on 24" X 36" sheet unless a previous plan has been filed with the Zoning Department. Please provide names and addresses of allproperty owners An $800.00 fee shall accompany this application. I ccitify that there are stakes in the ground showing the corneas of the structure for which the variance is requested (if applicable). Copy of a deed or other proof of ownership of the property for which the variance is requested shall accompany this application. I certify that the statements in this application are true tr b of lei le' go {App 'cant) Legal Check Plot Plan Complete . _ - - _ property Owners Check Agent Authorization Fee Paid Dimensions Field Check Stakes P:1GonnuLmitynaveloprnmtWeemuurDavLAeP"CkA Vwian .cpp.doc _. _ Eligibility, Hardship Etc. Revised 7MS 3 ATTIAENT 0 P235 -�; - ,. EAS IvIC of ry ICaN Q R'-1 VWJC D41) FRA;uE f:'65 , m v As i 22.25 �s j NT CPNG � too '�q c � Dre ivE 1 ,ter A554IMED ATTUR ENT L3 4 ti, Block I, DIANA PA?RK, acct, --,rd Plat book ", We 62, Pudic cr)r P237 Section 904.05. Expansion, increase, or change of nunconfonnities. (1) Generally. No nonconformity shall be enlarged, increased, or changed to a different nonconformity, except upon a determination by the director of community development or his designee that the change results in lessening of the degree of the nonconformity. (2) Additions to nonconforming structures. Additions to nonconforming structures containing conforming uses shall be permitted, if the additions to the structure(s) comply fully with setback and other applicable site-related regulations. (3) Additions to, and development or re-development of, establishments with site-related nonconformities. Additions to, and development or redevelopment of, structures on property with site-related nonconformities, where the structural additions and associated improvements do not warrant the submittal of a major site plan, may be permitted provided that such additions are in 'k conformance with all applicable laws and ordinances of the county, do not create nonconforming uses or structures, and do not increase the degree of the existing site-related nonconformity. Where an addition or redevelopment proposal warrants the submittal of a major site plan application, all site-related nonconformities shall be terminated and brought into compliance with all applicable regulations of the county, with the following exceptions: (a) Site-related nonconformities pertaining to building encroachments into required setback areas, and (b) Site-related nonconformities created by public right-of-way acquisition. (4) Perifying post right-of-way acquisition status. Nonconformities, including nonconformities on single -family residential sites, created or increased in degree on a site by public right-of-way acquisition may be authorized by the community development director or his designee upon issuance of a letter verifying the post-acquisition legal nonconformity status of the site. (5) Cure plan required for commercial and multi family sites where impacts of nonconformities created by right-of-way acquisition require mitigation. Where right-of-way acquisition by a governmental agency such as Indian River County or the State of Florida from a commercial (includes multi- family) site will result in a nonconformity related to setbacks, open space, stormwater management, parking, landscaping, or buffer width, or will result in an increase in the degree of such a nonconformity that existed prior to the acquisition, such nonconformity or increase in the degree of nonconformity shall be allowed upon approval of a "cure plan" site plan. (a) A cure plan site plan shall identify the following: i. Site design changes and site improvements necessary to accommodate the right-of-way acquisition and reduce the degree of or mitigate the impacts of nonconformities. Such design changes and improvements may include but are not limited to parking and driveway additions and modifications, pedestrian and hardscape improvements, landscape and buffer plantings, sign relocations and modifications, and stormwater management system changes. 2. The parties responsible for installing the cure plan improvements, along with timeframes for completion of the changes and improvements. (b) The cure plan site plan shall be accompanied by a document, in a form approved by the county attorney's office, providing written acknowledgment of cure plan related responsibilities by the parties involved in the acquisition. (c) The community development director or his designee is authorized to approve cure plan site plans and may attach approval conditions to reduce the degree of or mitigate the impacts of nonconformities and/or ensure implementation of the cure plan site plan. These regulations are intended to authorize non-conformities resulting from right-of-way acquisitions and provide for cure pians used in conjunction with the right-of-way acquisition process. These regulations are not intended to create any obligations beyond those obligations addressed in the right-of-way acquisition process. AITACHIMENT 4 P238 Section 902.06. Role of planning and zoning commission lig planning and development. (1) The planning and zoning commission shall act as the designated local planning agency. (2) The planning and zoning commission of Indian River County shall have the power to recommend to the Lard of county commissioners land development regulations, ordinances, and amendments to land development regulations which are designed to promote orderly development and Implement the Indian River County Comprehensive Plan. (3) The planning and zoning commission shall consider whether or not any proposed amendments to the Indian River County Comprehensive Plan are consistent with the overall growth management goals and objectives of the county, and shall make recommendations regarding all such amendments to the board of county commissioners. (4) The planning and zoning commission shall consider whether or not any proposed rezoning requests are consistent with the Indian River County Comprehensive Plan and make recommendations regarding all rezonings to the board of county commissioners. (5) The planning and zoning commission shall consider whether or not spec proposed developments conform to the principles and requirements of the county's land development regulations and the comprehensive plan, shall make decisions on development applications, and shall make recommendations to the board of county commissioners based thereon. (6) The planning and zoning commission shall keep the board of county commissioners and the general public informed and advised on matters relating to planning and development (7) The planning and zoning commission shall conduct such public hearings as may be required to gather such information for the drafting, establishment and maintenance of the various components of the comprehensive plan, and such additional public hearings as are specified under the provisions of these land development regulations. (8) The planning and zoning commission shall review and make decisions regarding applications for preliminary plat and site plan approval. (9) The planning and zoning commission shall receive petitions for special exception uses; review these petitions pursuant to the applicable special exception use criteria; receive input at an advertised public hearing; and recommend approval, approval with conditions, or denial of the petitions to the board of county commissioners. (10) The planning and zoning commission shall consider whether proposed administrative permit uses requiring planning and zoning commission review and approval conform to the specific use requirements and make decisions related thereto. (11) The planning and zoning commission may recommend that the board of county commissioners direct the planning staff to undertake special studies on the location, condition and adequacy of specific facilities. These may include, but are not limited to, studies on housing, commercial and industrial facilities, parks, playgrounds, beaches and other recreational facilities, public buildings, public and private utilities, transportation, parking, and development of regional impact (DRI) applications. (12) The planning and zoning commission of Indian River County shall have the powerto hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of these land development regulations. The decision of the planning and zoning commission is final unless appealed to the board of county commissioners. (13) The planning and zoning commission shall interpret these land development regulations at the request of the community development director. (14) The planning and zoning commission shall perform any other duties which may be lawfully assigned to it. (15) The commission shall have and exercise the powers of the airport zoning commission as specified in F.S. § 333.05, under rules consistent with said section and with the Code of Indian River County. ATTACHMENT 5 P239 (16) The commission shall have and exercise the powers of the board of adjustment, in accordance with sections 902.08 and 902.09. Sectlon 902.05. Role of board of adjustment. (1) The board of adjustment shall receive and consider applications for variances from the terms of the county's land development regulations and shall grant such variances as will not be contrary to the public interest, pursuant to the procedures and requirements of the variance section of the land development regulations, section 902.09. (2) The board shall have and exercise the powers specified in F.S. § 333.10, relating to airport zoning regulations, under rules consistent with said section and with the Code of Indian River County. (3) The planning and zoning commission shall act as the board of adjustment. Section 902.09. Variances. (1) Purpose and intent. This section is established to provide procedures for reviewing variances by the board of adjustment. A variance runs with the land and is a departure from the dimensional or numerical or other technical requirements of the land development regulations where such variance will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant or his predecessors in title, a literal enforcement of the land development regulations would result in an unnecessary and undue hardship. (2) Approving authority. The board of adjustment is hereby authorized to grant variances in accordance with the provisions of this section and can attach conditions to variances granted. (3) Type of variance to be allowed. The board of adjustment shall have the authority to grant the following variances: (a) A variance from the yard area requirements of any zoning district where there are unusual and practical difficulties in carrying out these provisions due to an irregular shape of the lot, topography, or other conditions, provided such variation will not seriously impact any adjoining property or the general welfare. (b) Other technical variances that occur when an owner or authorized agent can show that a strict application of the terms of the land development regulations relating to the use of the land will impose unusual and unique difficulties, but not loss of monetary value alone. (c) De -minimus setback variance. A de -minimus setback variance can be granted automatically at the staff level, under certain circumstances, without board approval. This applies in the following circumstances where the setback variance: 1. Is for a structure properly permitted where no form -board survey was required; 2. Is for 0.5 feet or less from the setback required at the time the structure was constructed or erected on the site; and 3. Is from property line(s) which have not been altered so as to cause or increase the nonconformity. (4) When variances are not allowed (a) No variance shall be granted which would permit the establishment or expansion of a use in a zone or district in which such use is not permitted by these land development regulations, or any use expressly or by implication prohibited by the terms of these land development regulations for said district (b) No variances shall be granted which would permit the establishment or expansion of a special exception use in any zoning district without the approval required in the special exception section, and including specific land use criteria. (c) No variance shall be granted which would permit the establishment or expansion of a use requiring an administrative permit in any zoning district without the approval required in the administrative permit section, and including specific land use criteria. A'i'TAeHMtNT 5 P240 (d) No variance shall be granted which relates in any way to a nonconforming use, except as allowed in the nonconformities section. (e) No variance shall be granted which modifies any definitions contained within these land development regulations. (f) No variance shall be granted which would in any way result in any increase in density above that permitted in the applicable zoning district regulations. (5) Procedures. (a) Any property owner may apply for a variance after a decision by the community development director that an existing property condition or a development proposal of such property owner does not comply with the provisions of these land development regulations. (b) The applicant must file an application for a variance along with the appropriate fee payable to Indian River County with the planning division. The application shall be in a form approved by the community development director and shall contain the following information: 1. Identification of the specific provisions of these land development regulations from which a variance is sought. 2. The nature and extent of the variance sought; an explanation why it is necessary; and the basis for the variance under section 902.09(3)(a) or (b). 3. The grounds relied upon to justify the proposed variance. 4. A legal description of the property, a copy of the warranty deed for the property, and a detailed plot plan of the property. (c) On all proceedings held before the board of adjustment, the staff of the planning division shall review the application and file a recommendation on each item. Such recommendation shall be transmitted to the board of adjustment prior to final action on any item before the board of adjustment, and shall be part of the record of the application. (d) Notice of the variance, in writing, shall be mailed by the planning division to the owners of all land which abuts the property upon which a variance is sought, at least seven (7) days prior to the hearing. The property appraiser's address for said owners shall be used in sending all such notices. The notice shall contain the name of the applicant for the variance, a description of the land sufficient to identify it, a description of the variance requested, as well as the date, time and place of the hearing. (6) Review by the board of adjustment. (a) In order to authorize any variance from the terms of these land development regulations, the board of adjustment shall determine that the application for variance is complete, that the public hearing has been held with the required notice and that the opportunity has been given for the aggrieved parties to appear and be heard in person or be represented by an attomey at law, or other authorized representatives. The board of adjustment shall also find that all of the following facts exist before granting a variance: 1. That special conditions and circumstances existwhich are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district. 2. That the special conditions and circumstances do not result from the actions of the applicant or illegal acts of previous property owners. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by the regulation to other lands, buildings, or structures in the same zoning district. 4. That literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the regulations and would constitute an unnecessary and undue hardship upon the applicant. 5. That the variance granted is the minimum necessary in order to make possible the reasonable use of the land, building, or structure. 3 P241 6. That the granting of the variance will be in harmony with the general purpose and intent of the land development regulations, and the Indian River County Comprehensive Plan. 7. That such variance will not be injurious to the surrounding area or otherwise be detrimental to public welfare. 8. That the property cannot be put to a reasonable use in a manner which fully complies with the requirements of these land development regulations. (b) The following regulations also apply to the authorization of a variance: 1. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and non -permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. 2. No application or request may be reheard or reconsidered unless otherwise directed by a court of competent jurisdiction, or unless new circumstances or information can be presented with a new application. (c) In granting any variance, the board of adjustment may make the authorization of the variance conditional upon such alternate and additional restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the purpose and intent of this chapter and consistency with the Indian River County Comprehensive Plan. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.. Such conditions restrictions, stipulations, and safeguards may include, but are not limited to, time within which the action for which the variance is sought shall be begun or completed or both; the establishment of screening and/or buffering techniques; and provision for extensions or renewals. (7) Decision. The board of adjustment shall approve, approve with conditions, or deny the application, furnishing the applicant a written statement of the reasons for any denial. A decision of the board of adjustment may be appealed to the board of county commissioners as provided in section 902.07(5). 4 P242 t AVAJO)e CA I s lot 3o block I. DIANA PARK, accord P243 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, May 25, 2017 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircgov.com/Boards/`PZC/2015. Present were members: Chairman Alan Polackwich Sr., District 2 Appointee; Patrick Grall, District 1 Appointee; Chip Landers, District 3 Appointee; Dr. Jonathan Day, District 4 Appointee; Angela Waldrop, District 5 Appointee; and Jordan Stewart, Member -at -Large. Vice Chairman Todd Brognano, Member -at -Large, and Shawn Frost, non- voting School Board Liaison, were absent. Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Community Development Director; John McCoy, Chief of Current Development; and Lisa Carlson, Recording Secretary. Call to Order and Pledge of Allegiance The meeting was called to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda There were none Approval of Minutes ON MOTION. BY Dr. Day, SECONDED BY Mr. Grail, the members voted unanimously (6-0) to approve the minutes of the April 13, 2017 meeting as presented. Public Hearings Chairman Polackwich read the following into the record: A. Request by Hal & Martha McAdams for a 5' Side yard Setback Variance for a Pool Enclosure on Lot 3, Block 1, Diana Park Subdivision. Located at 540 61St Avenue. Zoning: RS -3 (Residential Single -Family up to 3 units/acre). Land Use Designation: L-2 (Low PZC/Approved 1 May 25, 2017 F:\BCC\All Committees\P&Z\2017—AGENDAS & MINUTES\PZC 052517.doc P244 Density 2 up to 6 units/acre). [VAR -17-05-01 / 92080125-78723] [Quasi -Judicial] Chairman Polackwich asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. Stan Boling, Community Development Director, explained that this is the first time that the Planning & Zoning Commission (P&Z) will consider a variance request, a responsibility given to them after the Board of Adjustment (BOA) committee was sunsetted in 2015. He gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He discussed the history of variances in Indian River County and gave a brief overview of how they work. He concluded that Land Development Regulations (LDR) were set up to anticipate a wide variety of situations and approval of this variance could have county wide implications by setting a precedent. Mr. John McCoy, Chief of Current Development, continued the PowerPoint presentation by describing the variance process and outlining the eight criteria that must be met for a variance to be warranted. He detailed the request by the Applicants, reviewed Staff's evaluation of how the request failed to meet all eight criteria, and recommended that the P&Z Commission not grant the variance request. Applicants Hal and Martha McAdams provided letters of support for the variance from property owners living adjacent to the Subject Property. These letters are labeled Exhibit 1, copies of which are on file in the Board of County Commissioners Office. They reviewed the history of the Subject Property and asked the commissioners for their consideration in approving the variance. Lengthy discussion followed between the commissioners with Staff clarifying several inquiries regarding LDR's and zoning changes, including consideration of whether or not an LDR change was an appropriate solution. ON MOTION BY Dr. Day, SECONDED BY Mr. Grail, the members voted (4-2) to accept staff recommendations on this Quasi -Judicial matter. Mr. Stewart and Ms. Waldrop were the opposing votes. PZC/Approved 2 May 25, 2017 F:\BCC\All Comm ittees\P&Z\2017—AG EN DAS & MINUTES\PZC 052517.doc P245 Chairman Polackwich read the following into the. record: B. Consideration of Land Development Regulation (LDR) Amendment to Chapter 926, Establishing Provision and Criteria for Reducing Landscape Requirements for Projects in Remote Agricultural Areas [Legislative] Mr. Stan Boling, Community Development Director, reviewed information regarding the proposed Land Development Regulation amendment and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission recommend that the BCC adopt the proposed landscape requirement ordinance. ON MOTION BY Dr. Stewart, SECONDED BY Ms. Waldrop, the members voted unanimously (6-0) to accept staff recommendations on this Legislative matter. Chairman Polackwich read the following into the record: C. Consideration of Land Development Regulations (LDR) Amendment to Chapter 915 for Mixed Use Regulations Consistent with Proposed Policy 5.6 Provisions for SR60 / IRSC (Indian River State College) Mixed Use Development [Legislative] Mr. Stan Boling, Community Development Director, reviewed information regarding the proposed Land Development Regulation amendment and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission recommend that the BCC adopt the proposed ordinance consistent with BCC action on the proposed changes to Policy 5.6. 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 unanimously (6-0) to accept staff recommendations on this Legislative matter. PZC/Approved 3 May 25, 2017 F:\BCCWII Committees\P&Z\2017—AGENDAS & MINUTES\PZC 052517.doc P246 Commissioner's Matters There were none. Planning Matters Mr. Stan Boling updated the commissioners on the status of the FPL Blue Cypress Solar Energy Center and the Commercial Lot Split LDR amendment that they recommended at the previous meetings. Attorney's Matters There were none. Adiournment There being no further business, the meeting adjourned at 8:39 p.m. PZC/Approved 4 May 25, 2017 F:\BCCWII Committees\P&Z\2017—AGENDAS & MINUTES\PZC 052517.doc P247 1 o.A. 4. McAdam"s Appeal of PZC Decision to Deny Variance Request Board of County Commissioners July 11,, 2017 HISTORY OF VARIANCES • Variances rare: two in the last 10 years — Formboard survey requirement since 1985 — Staff -level variances, letters of -legal non- conformity — Special situations addressed in LDRs — Strict criteria (must meet all 8) Sb J 1 2 Change to LDRs — Added to PZC roles/responsibility, powers -of BOA — Designated PZC as BOA ("shall act as#'� — Codified current practice: variance and PZC decisions appealable to BCC • No changes to variance criteria 3 General Criteria • No ""use variances" • Variances are permanent: "run with the land" • No non -conforming use or structure ""shall be considered grounds for the authorization of a variance" FA .. Process • Applicant discussed with staff, filed request • Planning & Zoning Commission considered request based on 8 specific criteria (must meet all 8) and took action to deny • PZC decision appealed by applicant to BCC • BCC to consider request and 8 variance criteria; review PZC"s action under appeal criteria 5 Variance Request • A 5' setback variance to reduce the side yard setback from 15' to 10' to allow a screen enclosure over an existing pool and deck. on 3i33r 7aa00f9a7aaa092.0- RS -3 ;W-91 760M! 0:0.7000002;1. RS -3 Location Map ' H,81- _L._. ........ . 5ra:;zsA* S*e, yvm as�i9a99iaa7o7xror:o . A-1�� RS -3 RS -3 3 4TH:ST (GT'i`RUS.RD).. } ! ?3asrifl999zJocoamo7.9 ?'mI-,, Coco 70 a- '.:a.' ".3..''39':-7a00D2a0090030<.a- .3339r70.� .�169�OCv03;9 �M'947a0a01009t3aMM-0- .3335770000r090a9oJ34�:D' € �] 7 EL O _0 O O ( r� . O c 0 C) 0- i . 0) N i) Ln '-'i (1) '� -0,� 4-J fu V _O V O N Va- fu J O — J '=3 c O DC -0 O O •> cin '00•- 4-J� f ru O O C. 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CC 7.11.17 Ofce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K DeBraA Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 5, 2017 ATTORNEY SUBJECT: Ordinance Concerning Medical Cannabis (Continued from June 13, 2017 and June 20, 2017) BACKGROUND. On October 18, 2016, the Indian River County Board of County Commissioners (the "Board') enacted land development regulations concerning medical marijuana treatments centers in advance of the vote on Amendment 2. As part of the agenda item, the Community Development Department included a memorandum from the County Attorney's Office, which stated "[a]s section 381.986, Florida Statutes, addresses low -THC and medical cannabis, I recommend that any potential regulations concerning such uses be addressed under a separate discussion item." Per previous section 381.986, Florida Statutes, medical cannabis included all parts of any plant of the genus Cannabis that is dispensed for medical use by an eligible patient as defined in section 499.0295, Florida Statutes. And under previous section 381.986, Florida Statutes, a county could adopt an ordinance regulating the number, location, and some permitting requirements for low -THC and medical cannabis dispensing facilities. On January 10, 2017, the Board had voted 4-1, with Vice -Chairman O'Bryan dissenting, to direct the County Attorney to: 1) draft an ordinance which would incorporate into the current code, regulations concerning medical cannabis dispensing facilities; and 2) ensure that the details were consistent and compliant with state law. The County Attorney's Office had drafted the attached proposed ordinance, which incorporated medical cannabis into the definition of marijuana and a dispensary under Section 381.986, Florida Statutes into the definition of a Medical Marijuana Treatment Center under Chapter 315 of the Indian River County Code of Ordinances. Since the drafting of this ordinance, during the 2017 Special Session, the Florida Legislature adopted medical marijuana legislation. Such legislation preempted local governments from regulating the cultivation, processing and delivery of medical marijuana. The legislation did provide local governments with two options with respect to medical marijuana treatment center dispensaries ("Dispensaries"). Local governments are permitted to either ban Dispensaries or may allow Dispensaries, but have the location and permitting of Dispensaries in the same manner as that of a pharmacy. Governor Scott signed the bill into law on Friday, June 23, 2017. Such legislation nullifies the proposed ordinance and thus the County Attorney's Office recommends denying the proposed ordinance. RWeoIM'�edo1GENERAG7B CCIAyendad/rinslMedicd Cmnm6s Ordbaxe (3).dac P248 Board of County Commissioners July S, 2017 Page Two FUNDING. The cost of publication of the required public notice for the public hearing was $136.67. This cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214- 033190). RECOMMENDATION. The County Attorney's Office recommends that the chair open the public hearing and after taking public comment vote to deny the proposed ordinance. ATTACHMENT. Proposed Medical Cannabis Ordinance F..WUMWILbWd CIENBULIBCC14V-doM-m"W-*W Cambs Orb—(3).d.0 P249 ORDINANCE NO. 2017 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 315 (PAIN MANAGEMENT CLINICS, CONTROLLED SUBSTANCES AND MEDICAL MARIJUANA) OF THE CODE OF INDIAN RIVER COUNTY TO REVISE REGULATIONS AND PROHIBITIONS OF CERTAIN ACTIVITIES RELATING TO LOW -THC AND MEDICAL CANNABIS; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, in 2016, the Indian River County Board of County Commissioners (the "Board") amended Chapter 315 of the Code of Indian River County entitled "Indian River County Pain Management Clinic and Controlled Substances Ordinance" addressing medical marijuana under Amendment 2; and WHEREAS, the Board wishes to regulate low -THC and medical cannabis, as set forth in section 381.986, Florida Statutes, in a similar manner as medical marijuana under Amendment 2; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Legislative Findings. The Board finds that the "Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. Section 3. Amendment of Chapter 315 (Pain Management Clinics, Controlled Substances and Medical Marijuana). Chapter 315 of the Code of Indian River County, Florida is hereby amended to read as follows (added language is underlined, and deleted language noted by strikethrough): FUrtamel/Jnda1GEVFRALIRtm/xfias&-r d.--0rdPnax XP—Cfi*-V sd-WC—abil&a 1 P250 CHAPTER 315. PAIN MANAGEMENT CLINICS, CONTROLLED SUBSTANCES AND MEDICAL MARIJUANA Section. 315.02. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (7) Marijuana shall mean cannabis as defined in Section 893.02(3), Florida Statutes. The term shall include "low -THC cannabis;" and "medical cannabis" as defined in Section 381.986(:tW, Florida Statutes. (8) Medical Marijuana Treatment Center shall mean an entity that acquires, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes or dispenses marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered or approved by the department of health or its successor agency, pursuant to Article X, Section 29 of the Florida Constitution or Section 381.986, Florida Statutes. Section 315.03. Prohibited Activities. Each of following activities shall be prohibited and shall constitute a violation of this Code: (3) Operation of a pain management clinic without a valid and current registration pursuant to sections 458.3265 or 459.0137, Florida Statutes, or registered or approved by the Department of Health, pursuant to Article X, Section 29 of the Florida Constitution or Section 381.986, Florida Statutes, unless such clinic is exempt from registration or approval undeF suGh statute; (14) Administration or consumption of marijuana at a pain management clinic unless otherwise allowed by state law. F.UMwn.ylLHida�GENfN.1L1RvMmanr & O�dwwa.rl0bdi IPoM aNk" d -W C—b-d— 2 P251 Section 315.04. Permit Required for Operation of Pain Management Clinic. (1) Permit Required. No pain management clinic shall operate by any means in Indian River County without a valid and current pain management clinic permit issued by the Department. (2) Application. Any pain management clinic requesting issuance of a pain management clinic permit shall complete and submit to the Department a sworn application, on a form provided by the Department, containing, at a minimum, the following information: a. The name and address of the pain management clinic; b. The name and address of each owner of the pain management clinic (including, if the owner is a business entity such as a corporation, limited liability company, etc, the name and address of each officer, manager or managing member, general partner or other comparable person authorized by state law to manage the affairs of the business entity), each person who will be managing or supervising the activities of the pain management clinic, and each person who will be prescribing or administering controlled substances, and each person who will be acquiring, possessing, processing, transferring, selling, distributing or dispensing marijuana at the pain management clinic; c. The name and address of the person who has been designated as the responsible physician or osteopathic physician for the pain management clinic, pursuant to sections 458.3265(1)(c) or 459.0137(1)(c), Florida Statutes, if applicable; d. The name and address of the person or entity which owns the real property upon which the pain management clinic will be operated; e. Proof that the applicant is currently registered as a pain management clinic with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes or registered or approved as a Medical Marijuana Treatment Center, pursuant to Article X, Section 29 of the Florida Constitution or section 381.986. Florida Statutes; P252 f. Proof that any person who will be prescribing or administering controlled substances at the pain management clinic has a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration, including the controlled substance registration number for each such person; g. Unless otherwise prohibited or preempted by state statute or Department of Health rule, a A sworn statement certifying that within the ten (10) years prior to submittal of the application, neither the pain management clinic, nor any person identified pursuant to subsections b, c or d above, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances or marijuana in violation of applicable law; and h. A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b, c or d above, will, during the term of the permit, be operated in compliance with applicable law. i. Unless otherwise prohibited or preempted by state statute or Department of Health rule, proof R -reef that a Medical Marijuana Treatment Center is wholly owned and operated by one or more 1. board-certified anesthesiologists, physiatrists, or neurologists; or 2. board-certified medical specialists who have also completed fellowships in pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board-certified in pain medicine by a board approved by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. P253 Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 6. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Indian River Press Journal on the _ 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 Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the ordinance duly passed and adopted this day of 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legal sufficiency: and Comptroller By: Deputy Clerk Dy an Reingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2017. Fu r&0ta—%0n* .,Pa nCfird mac—era— 5 P254 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Ardra Rigby and Bill Rigby ADDRESS: 8465 59"' Avenue PHONE: 772-501-4753 SUBJECT MATTER FOR DISCUSSION: Drainage and Sewer Services in the Wabasso Community IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES FX —1 NO IS THIS AN APPEAL OF A DECISION F-1 YES 7 NO WHAT RESOLUTION ARE YOU Work on Drainage and Get Sewer Services in Remaining part of REQUESTING OF THE COMMISSION? Wabasso Community ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 7 YES ❑ NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: _ Interactive Web Form _ E -Mail _ Hand Delivered x Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown July 11, 2017 DocmnenC P255 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Wanda Scott, Gifford Economic Development Council ADDRESS: 430626 1h Avenue, Vero Beach PHONE: 453-3181 SUBJECT MATTER FOR DISCUSSION: Gifford Economic Development Follow -Up IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? FX7 YES F-1 NO IS THIS AN APPEAL OF A DECISION F-1 YES Fx I NO WHAT RESOLUTION ARE YOU None – For Information Purposes REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES 1-1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail X Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: June 11, 2017 F:Tounty Admin\ExecAsst\AGENDA\Pubhc Discussion Items Fonndoc P256 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Daniel De Liege, President/CEO Alliance Bioenergy ADDRESS: 400 N. Congress Avenue, Suite 130, West Palm PHONE: 1-888-607-3555 Beach, FL 33401 SUBJECT MATTER FOR DISCUSSION: Update on Acquisition of former INEOS site. IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES Fx I NO IS THIS AN APPEAL OF A DECISION F-1 YES FX_1 NO WHAT RESOLUTION ARE YOU Continuation of exercised option to provide services within Indian REQUESTING OF THE COMMISSION? River County ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? IX I YES F-1 NO WHAT FUNDS OR ACTIVITIES ARE No funds required. Continuation of February 7, 2017, Option REQUIRED TO MEET THIS Agreement for Processed Vegetative Waste. REQUEST? g g Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: July 11, 2017 FACounty Admin\ExecAsst\AGENDA\Public Discussion Items Form.doc P257 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: June 21, 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: Notice of Scheduled Public Hearing to Consider North Sebastian Septic to Sewer (S2S) Phase 1 Sewer Assessment Project in Indian River County, Florida. DESCRIPTIONS AND CONDITIONS: On June 20, 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 sewer main in North Sebastian Phase 1 Sewer Assessment Project 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 July 18, 2017 at 9:05 am. RECOMMENDATION: This public hearing item is provided for the BCC's information. No action is needed at this time. C:\Users\GRAN IC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@EC05B62D\@BCL@EC05B62D.doc P258 4 a� Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: June 19, 2017 SUBJECT: Indian River County Annex Building 1028 201h Place, Vero Beach, Florida The Indian River County Annex Building has been used for many years to house the Ag Extension Service, the Housing Authority and Section 8 Operations, and Youth Guidance. Recently Ag Extension Service and Housing Section 8 Operations were moved into office space in Building B of the County Administration Complex. At this time, repairs and maintenance are needed to the roof and air-conditioning systems of the building and are estimated at $200,000. An appraisal of the building was conducted by Armfield-Wagner Appraisal & Research, Inc. The "as is" appraised value as of May 7, 2017, is $350,000. Youth Guidance has expressed an interest in purchasing the Annex Building in order to continue operations in that location, and have made an offer of $225,000. Originally, the City of Vero Beach was the owner of this property which housed the Library. In 1988, by quit claim deed, the City of Vero Beach deeded the property to Indian River County with restrictions. In 1992, the City of Vero Beach executed a new quit claim deed removing the restrictions, and the Indian River County Board of County Commission adopted restrictions by Ordinance on the proceeds from the sale of the site. The restrictions state that "proceeds from said sale shall be used by the County for books, furniture, and equipment for the library system." Staff is supportive of the sale of the Annex Building to Youth Guidance. Florida State Statutes Section 125.38 allows for the private sale for the purposes of promoting community interest and welfare to a not for profit organization for such price as the board may fix. P259 Recommendation: Staff recommends the sale to Youth Guidance of the Indian River County Annex Building for the offered price of $225,000 with proceeds used in accordance with Ordinance No. 92-07 placing restrictions on the proceeds from the sale of the old library site. Attachments: Quit Claim Deed dated April 19, 1988 Quit Claim Deed dated January 13, 1992 Ordinance No. 92-07 dated March 10, 1992 P260 &6k I THIS QUIT -CLAIM DEED, Executed this I day of Ives, by the CITY OF VERO BEACH, FLORIDA, a municipal torpor on existing under the laws of the State of Florida, having Its principal place of business In the County of Indian River and the State of Florlele, and lawfully author ted to transact business In the State of Florida, 'GRAN'; OR,' to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the Slate of Florida, 'GRANTEE.' 549285 4/20/80 (23d) C.A. QUIT CLAIM DEED WITNESSETH: That the said GRANTOR. for and In consideration of the sum of $10.00 and In hand paid by the said GRANTEE, the receipt whereof Is hereby acknowtedged, does, subject to the restriction set forth herein, hereby remise, release. and quit-clalm unto the said GRANTEE forever, all the right, till*, interest. claim, and demand which the said GRANTOR has in and to the following described lot, plena or parcel of land, situate, lying, and being In the County of Indian River, State of Florida, to -wit: V-A d OVA cart v Ccry -by ,�/ / rel a /�✓�''+s�G. sob of said quit -claimed property must be used fir baulks sod ledersnl requlreaants fir the main County Library and shall not be used for bricks and mortar r for the rsductiow of the amount of the band bsus. Should GRANTEE fail to fulfill the requireimm is of this condition subsequent, the GRANTEE shall Immedlately reconvey said property by a quit -dale dead to the City of Vero Beach. Reconvey., , to the City mai► be enforced by a writ of Mandamus. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or In anywise appertaining, and all the estate, right, title, Interest, lien, equity, and claim whatsoever of the said GRANTOR, either in law or equity, to the only proper use, benefit, and behoof of the said GRANTEE forever. IN WITNESS WHEREOF. GRANTOR hereunto set GRANTOR'S hand and seal the day and year first above written. Signed, sealed, and delivered In the presence of: 4__' 4' MUN' Y ATTO-INEY'S OFFICE INDIAN R1724 COUWTY 1840 2Sih Street Vero Bach, Florida 32480 -1- (CORPORATESEAL) O.R. 797 PG 0139 P261 Lots 27 to 39, Inctualve, Block 1, Langwldk Subdivision. according M plat filed In the office of the Clark of the Circuit Court of Indian River County. Florida, in Plat Belk 1. page 32. %p This catwyanoe is subject to all valid and aotistirng eaaeenents d n'e'rd. a CDQ'" a s 3 d Subject to Via following restriction: This grant x� N N Is subject to the eauatkn subsequent that the 5F4C,, o: °eT GRANTEE must build a main County Lbrary on the dooMsna site known as the Grace -Lutheran "-� site. Said Library Is to be completed no Isaw than April 5 1995 Any aauw . rsaY:ed from V-A d OVA cart v Ccry -by ,�/ / rel a /�✓�''+s�G. sob of said quit -claimed property must be used fir baulks sod ledersnl requlreaants fir the main County Library and shall not be used for bricks and mortar r for the rsductiow of the amount of the band bsus. Should GRANTEE fail to fulfill the requireimm is of this condition subsequent, the GRANTEE shall Immedlately reconvey said property by a quit -dale dead to the City of Vero Beach. Reconvey., , to the City mai► be enforced by a writ of Mandamus. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or In anywise appertaining, and all the estate, right, title, Interest, lien, equity, and claim whatsoever of the said GRANTOR, either in law or equity, to the only proper use, benefit, and behoof of the said GRANTEE forever. IN WITNESS WHEREOF. GRANTOR hereunto set GRANTOR'S hand and seal the day and year first above written. Signed, sealed, and delivered In the presence of: 4__' 4' MUN' Y ATTO-INEY'S OFFICE INDIAN R1724 COUWTY 1840 2Sih Street Vero Bach, Florida 32480 -1- (CORPORATESEAL) O.R. 797 PG 0139 P261 STATE OF FLORIDA COUNTY OF INDIAN RIVER I hereby certify, that on this /914day of A•�� 194111, before me personally appeared KenMachhttand ish—fits Ne eraer, Mayor and City Clerk respectively of the City- oTVero Beach, a municipal corporation under the laws of the State of Florida, to me known to be the persons who signed the foregoing Instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation, and that the sold Instrument Is the act and deed of said corporation. WITNESS my hand and official seal at Vero Beach, in the County of Indian River and State of Florida, the day and year last aforesaid. otary Public I j My Commissi expires;: UNWy 1'sok 5kt-s alAq' "A yAV C04MkLift'0004 Al ' ZM This instrument prepared by: Teri once P. O'Brien, Esq. P.O. Box 1389 Vero Beach, FI. 32961-1389 O. R. 797 P8 0140 P262 Approved by g�C 22�� /92 APPROVED AS TO &P SUFFICIENCRECORD VERIFIED AND IEGAI I'. JEFFREY K. BARTON DOCUMENTARY STAMPS S . 6► CLERK CIRCUIT COURT Charles P. Vitunac JEFFREY IC BARTON, CLERK INDIAN RIVER CO.. FLA County Attorney INDIAN RNER COUNTY 12/12/91 C.A. AtLIBRARY.QCD QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, Executed this /a tL day of 19934 by CITY OF VERO BEACH, FLORIDA, a -..1 muni pa orporation existing under the laws of the State of N Florida, P.O. Box 1389, Vero Beach, F1., 32961-1389, "GRANTOR", Flt to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 -25th Street, Vero Beach, Florida, 32960, �p "GRANTEE." N WITNESSETH: That the said Grantor, for and in consideration of the sum of ($10.00 --Ten Dollars and no/100's) in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest claim, and demand which the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying, and being in the County of Indian River, State of Florida, to -wit: Lots 27 to 39, inclusive, Block 1, Langwick g Subdivision, according to Plat filed in the office a of the Clerk of the Circuit Court of Indian River Z) g a County, Florida, in Plat Book 1, Page 32. zz W}s This conveyance is subject to all valid and Joe O >,�^" existing easements of record. 1<Z0 3 'K $ m TO HAVE AND TO HOLD the same together with all and singular g the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and �$ claim whatsoever of said Grantor, either in law or equity, to the only proper use and benefit of the said Grantee forever. V IN WITNESS WHEREOF, Grantor hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed, and delivered CITY OF VERO BEACH, FLORIDA in the presence oft Attests� City .. By, I Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day of:�, 199@1, before me personally appeared Jay Smithy and fgyberaer, Mayor and City Clerk respectively of the City of -Vero Beach, a municipal corporation under the laws of the State of Florida, to me.known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their feed act and deed as such officers for the uses and purposes therein mentioned and that they affixed the official seal of said corporation, and'that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal at Vero Beach, in the County of Indian River and Stats of Florida, that day and year last aforesaid. This instrument prepared by: City Attorney City of Vero Beach P.O. Box 1389 Vero Beach, Fl., 32961-1389 Notary'Publc My commissiin expires: ,✓' TAtIMYk.YOCK 7 �h su:• a fw�1e. •aY cane► ua M,r s.1992 a 0 N W rn ILD P263 101992 ORDINANCE NO. g2_ 07 J -j /Sj5 AN ORDINANCE OF INDIANNo RIVER pROCEEADB FRpyi TRPLACIRESTRICTIONS uNT" LIBRARY SITE. SALE OF. THE OLD WHEREAS, the City of Vero Beach quitclaimed its rights to llbrary site across from City Hall; and the old WHEREAS, said quitclaim contained • the site were sold the condition subsequeht that it Proceeds would be used for "books and internal requirements"; and WHEREAS, this restriction places a therefore aloud on the title and, the City has removed the condition subsequent; and City; WHEREAS, the County desires to fulfill the original intent of the NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SEC-T--'O-NI- RESTRICTION C`N If the old library site across from Clt 39 Inclusive y Hall' i.e., Lots 27 through Bloek ►, LANGWtCIt SUBDIVISION, la cold, the proceeds from said axle Khali be used by the County for books, furniture, and equipment for the library system. SEC ---TION 2- EFFECTIVE DATE Tills ordinance shall become effective on becoming law. Approved and adopted by the Poard of County Commissioners of Indian River County, Florida, on this 10 day of Marth This ordinance was advertised in the Vero Beac�p a Journal on 1092. the 13 day of February --�._ - 1992, for a public hosting to be held on the 10 day of March --, 1992. at which time it was mored for adoption by Commissioner 61 rd -- Scurtoct, end the motion was seconded by Commissioner --_�... and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. rggert A e Vice Chairman Marwean y Aye Commissioner Don C. ScurlocckJr. Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the ordinance duly passed end adopted this 10 day of March 1992. BOARD OF COUNTY C01111N1S810NERS INDIAN RIVER COUNTY, FLORIDA By L/'J 58 C n K. E t n P264 l2, a I DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM To: Jason Brown County Administrator From: Suzanne Boyll 44 - Human "Human Resources Director Date: June 30, 2017 Subject: 2017 Indian River County Health Fair Committee Recognition The 2017 Indian River County Health Fair was held on June 23, 2017 and was a huge success. Employees, retirees, and dependents insured on our health plan were able to schedule wellness screenings and ultrasound screenings at no cost or reduced costs. Two hundred and eighty-two (282) employees, retirees, and dependents participated in the wellness screening and one hundred and seventy-four (174) participated in the ultrasound screening. In addition to the testing opportunities that were provided, area businesses were invited to showcase their health/wellness products and services that are available to support active and healthy lifestyles in Indian River County, with over fifty-seven (57) vendors participating. The success of the Health Fair is only possible because of the planning and hard work of the following committee members: Ann Rankin - BOCC Jillian Sparks - BOCC Judy Ley— BOCC Karen Rackard — BOCC Sheila O'Sullivan — BOCC Laura McIver— Clerk of Court Linda Eromin — Clerk of Court Bill Wilson — Property Appraiser Debbie Clemenzi — Property Appraiser Diana Staar — Property Appraiser Pamela McPheters —Sheriff's office Stephanie Nelson — Supervisor of Elections Jodi Beale—The Gehring Group In addition, Facilities and Parks Division staff members assisted in the preparation and setup of the facilities to hold the event. Please join me in extending sincere appreciation to the committee members and our Facilities and Parks Division staff for their hard work and efforts in support of this annual event. P265 12_C. C DEPARTMENTAL MATTERS INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: June 23, 2017 SUBJECT: Distinguished Budget Presentation Award Fiscal Year 2016/2017 FROM: Michael Smykowski Director, Management & Budget Following is notification received from the Government Finance Officers Association (GFOA) awarding Indian River County, Florida, the Distinguished Budget Presentation Award for the current fiscal year 2016/2017. A Certificate of Recognition has also been presented to the Office of Management & Budget as the department designated as being primarily responsible for having achieved the award. This is the twenty-sixth consecutive year that the Office of Management & Budget has received this award. P266 Government Finance Officers Association Indian River County 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-12 10 JUN - 7 2017 312.97 7.9700 fox: 31-2.977.4806 s Office of the County Adn**sitWW May 18, 2017 /000 �1� Jason E. Brown JUN p 7 2017 County Administrator Indian River County 1801 27th Street, Bldg A Vero Beach, FL 32960-3388 Dear Mr. Brown: We are pleased to notify you that Indian River County, Florida, has received the Distinguished Budget Presentation Award for the current budget from Government Finance Officers Association (GFOA), This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for its having achieved the award. This has been presented to: Office of Management & Budget We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program, and we sincerely hope that your example will encourage others to achieve and maintain excellence in governmental budgeting. Sincerely, Todd Buikema Acting Director, Technical Services Center Enclosure Washim.rton, 1)C Office I.'cderal Liaison Crntcr, 660 North Capitol Strcct, NW, Suit(, 410 • Washington, 1)C 20001 • 202.393.5020 fa.c: 202. 393.0750 of )a. oro P267 Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-12 10 e 312.977.9700 fox: 312.977.4806 FOR IMMEDIATE RELEASE May 18, 2017 For more information, contact: Technical Services Center Phone: (312) 977-9700 Fax: (312) 977-4806 E-mail: budgetawards@gfoa.org (Chicago, Illinois) --Government Finance Officers Association is pleased to announce that Indian River County, Florida, has received GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: ■ a policy document ■ a financial plan ■ an operations guide ■ a communications device Budget documents must be rated "proficient" in all four categories, and in the fourteen mandatory criteria within those categories, to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for having achieved the award. This has been presented to Office of Management & Budget. There are over 1,600 participants in the Budget Awards Program. The most recent Budget Award recipients, along with their corresponding budget documents, are posted quarterly on GFOA's website. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. Government Finance Officers Association is a major professional association servicing the needs of more than 19, 000 appointed and elected local, state, and provincial -level government officials and other finance practitioners. It provides top quality publications, training programs, services, and products designed to enhance the skills and performance of those responsible for government finance policy and management. The association is headquartered in Chicago, Illinois, with offices in Washington D. C. Washington, DC Office Federal Liaison Center, 660 North Capitol Street, NW, Suite 410 • Washington, DC 20001 • 202.393.8020 ,fax: 202.393.0780 x. w.a-.gfoa.org P268 d 64 0 CDD ao oq Q, Eby � M.b oq' b 'a 0 P269 0 � o lmw m Cs � ow W A a P269 DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Administration Complex Buildings A&B Selection of Roof Color DATE: June 29, 2017 DESCRIPTION AND CONDITIONS On May 2, 2017 the Board of County Commissioners approved the award of Bid 2017040 -Administration Complex Buildings A & B Roof Replacement. As part of the staff report for approval, staff stated that once the contractor had provided color samples for the roof that staff would return to the Board for consideration and selection of a roof color prior to the contractor obtaining material for the roof. The contractor has submitted four standard color samples available for the roof. The colors are as follows: • Surrey Beige • Colonial Red • Terra Cotta • Copper Penny (Additional cost for this color selection) To keep the same aesthetic look of the existing roof color, Terra Cotta is the closest match to the existing tile roof. However, the other colors provided are compatible with the current color of the building and trim of the building. Staff has provided four colors for consideration by the Board and is requesting that the Board consider the four color samples for the building roof and select a color for use. FUNDING No funding is required for this action, unless the Copper Penny color is selected. RECOMMENDATION Staff recommends Terra Cotta for the roof color as this color is the closest color to the existing tile roof. ATTACHMENTS McElroy Metal - Color Chart APPROVED AGENDA ITEM FOR JuIV 11, 2017 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@C005EC43\@BCL@C005EC43.doc P270 w 0 - I mm - - 1 -4 oil STANDARD COLORS REGAL WHITE SANDSTONE ASH GRAY MATTE BLACK PATINA GREEN COLONIAL RED SOME WHITE SLATE GRAY MEDIUM BRONZE EVERGREEN ROMAN BLUE TERRA COTTA /VN%&v\ MCELROY METAL SURREY BEIGE BUCKSKIN CHARCOAL DARK BRONZE MANSARD BROWN PATRICIAN BRONZE ALL COLORS ARE MERGY STAR COI4rLIA" P272 /7\\\\\ MCEL.ROY METAL --1 DEEP-TOFM PREMIUM COLORS ADDITIONAL COST WILL APPLY. REGAL BLUE BRI1E RED HARTFORD GREEN BRANDYINM ' Colors are representative of colors offered and are not tntanded for matching P91— Before placing an order, please request an actual color ample from McElroy Metal. ' Inventory shown is 24 gauge Gaivalume Master Coil. Other gauges and substrates are available and inventory varies by location. Please inquire for specific inventory availability and freight rates. METALLIC COLORS Annt77nNAL COST WILL APPLY. PREWEATHERED GALVAIA ME LEADCOAT COPPER PENNY METALLIC TEXAS SILVER METALLIC ALL COLORS ARE ENERGY STAR COMPLIAIW SILVER METALLIC CHAMPAGNE METALLIC P273 Sunnyvale, Texas pinion, Illinois Peachtree City, Georgia Ad* nto, Cal ornio Houston, Taxes Almond ✓ ✓ ✓ ✓ Ash Gray J J J ✓ ✓ Bons White J J J J J Brandywine ✓ ✓ ✓ ✓ Brite Red J J J J ✓ Buckskin J ✓ ✓ Champagne Metallic J ✓ Charcoal J J J J ✓ Colonial Red J J J J ✓ Copper Penny Metallic J J J J J Dark Bronze J J J J J Evergreen J J J J J HartFord Green J J ✓ ✓ ✓ teadcoat J ✓ Mansard Brown J J J J J Matte Black J ✓ J ✓ J Medium Bronze J J ✓ J J Patina Green J J J J J Patrician Bronze J J ✓ ✓ ✓ Preweathered Golvalume ✓ ✓ Regal Blue ✓ J ✓ J J Regal White J J J J J Roman Blue ✓ J J J J Sandstone ✓ J J J J Silver Metallic J J Slab Gray J J J J ✓ Surrey Beige J J ✓ ✓ ✓ Terra Cotta J J ✓ Texas Silver Metallic ✓ ✓ ' Inventory shown is 24 gauge Gaivalume Master Coil. Other gauges and substrates are available and inventory varies by location. Please inquire for specific inventory availability and freight rates. METALLIC COLORS Annt77nNAL COST WILL APPLY. PREWEATHERED GALVAIA ME LEADCOAT COPPER PENNY METALLIC TEXAS SILVER METALLIC ALL COLORS ARE ENERGY STAR COMPLIAIW SILVER METALLIC CHAMPAGNE METALLIC P273 /Y\\\\\ MCELROY METAL Paint Specifications *Bare Acrylic Coated Galvalume Notes: • Solar Reflectance is a measure of the amount of solar energy that is immediately reflected from the surface. • Solar Emissivity is the ability of a material to emit the residual heat back into the surrounding atmosphere. • The Solar Reflectance Index (SRI) is a measure of the roof's ability to reject solar heat, considering reflectance, emissivity and convection across the surface. General Notes: • Inventory and color offering can change without notice. Please contact your McElroy representative to confirm availability. • Other widths and gauges are available on some items. • Galvalume® is McElroy's standard substrate. G90 is available upon request. • McElroy Metal features Fluropon* PVDF coatings on all products. • Fluropon is manufactured by Valspar Corporation. /Alp \\\\\ METAL CORPORATE OFFICE 1500 HAMILTON RD. • BOSSIER CITY, LA 71111 For more information: 800-562-3576 Website: www.mcetroymetal.com MM220 E-mail: info@mcelroymetal.com 10-16 P274 COLOR ALMOND 0.60 0.84 70 ASH GRAY 0.39 0.84 41 BONE WHITE 0.71 0.85 86 BRANDYWINE 0.26 0.85 24 BRITE RED 0.42 0.84 45 BUCKSKIN 0.38 0.86 41 CHAMPAGNE METALLIC 0.38 0.80 38 CHARCOAL 0.32 0.85 32 COLONIAL RED 0.33 0.85 34 COPPER PENNY 0.49 0.85 55 DARK BRONZE 0.26 0.84 24 EVERGREEN 0.26 0.84 24 *GALVALUME PLUS 0.69 0.19 62 HARTFORD GREEN 0.25 0.85 23 LEADCOAT 0.37 0.82 38 MANSARD BROWN 0.30 0.85 30 MATTE BLACK 0.27 0.86 26 MEDIUM BRONZE 0.30 0.87 31 PATINA GREEN 0.46 0.85 51 PATRICIAN BRONZE 0.27 0.86 26 PREWEATHERED GALVALUME 0.30 0.79 27 REGAL BLUE 0.26 0.85 24 REGAL WHITE 0.68 0.86 82 ROMAN BLUE 0.26 0.85 24 SANDSTONE 0.54 0.86 63 SILVER METALLIC 0.57 0.78 64 SLATE GRAY 0.43 0.85 47 SURREY BEIGE 0.40 0.86 43 TERRA COTTA 0.35 0.85 36 TEXAS SILVER METALLIC 0.58 0.78 66 *Bare Acrylic Coated Galvalume Notes: • Solar Reflectance is a measure of the amount of solar energy that is immediately reflected from the surface. • Solar Emissivity is the ability of a material to emit the residual heat back into the surrounding atmosphere. • The Solar Reflectance Index (SRI) is a measure of the roof's ability to reject solar heat, considering reflectance, emissivity and convection across the surface. General Notes: • Inventory and color offering can change without notice. Please contact your McElroy representative to confirm availability. • Other widths and gauges are available on some items. • Galvalume® is McElroy's standard substrate. G90 is available upon request. • McElroy Metal features Fluropon* PVDF coatings on all products. • Fluropon is manufactured by Valspar Corporation. /Alp \\\\\ METAL CORPORATE OFFICE 1500 HAMILTON RD. • BOSSIER CITY, LA 71111 For more information: 800-562-3576 Website: www.mcetroymetal.com MM220 E-mail: info@mcelroymetal.com 10-16 P274 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 13.A Of Ce of County Attorney's Matters 0711112017 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Stan Boling, Community Development Direct FROM: William K. DeBraal, Deputy County Attorney DATE: July 5, 2017 ATTORNEY SUBJECT: Resolution Establishing the Development Review and Permit Process Advisory Committee On April 12, 2017, a Development Review and Permit Process Workshop was held with the permission of the Board of County Commissioners. At the workshop, the three main topics of discussion were the review of landscape requirements, use of Temporary Suspension of Compliance provisions, and review of Development Review fees for Community Development and Public Works departments. On May 2, 2017, the Board directed staff to evaluate the three topics and report back to the Board. At their meeting of June 20, 2017, staff reported back to the Board and the Board discussed the various topics addressed at the workshop. After hearing from staff and receiving input from developers and interested parties in attendance, the Board directed that an advisory committee be created to further study, advise, and make recommendations to the Board concerning the main topics discussed at the workshop. Further, the Board directed staff to draft a resolution that would establish a committee to advise the Board on issues concerning the Development Review and permit process in Indian River County. The Board asked staff to include the following tasks in the founding resolution: • Review landscape requirements found in Chapters 926 and 934, Code of Indian River County • Consider amending Chapter 902, Temporary Suspension of Compliance provisions, Code of Indian River County • Review of Development Review fees for the Community Development and Public Works departments. • Identify issues and adopt recommendations for improving and streamlining aspects of the development review and permit process including use of technology and automation. P275 BCC Memo Development Review Committee July 5, 2017 Page 12 Coordinate efforts with staff to insure proper notice for committee meetings and compliance with Open Meetings and Sunshine Law requirements If the Board so desires, additional topics discussed at the workshop such as utility standards and posted security requirements may be added to the resolution's list of powers and duties of the committee. The Board further recommended membership to consist of eleven members, permitting each Commissioner to appoint two members with the Board selecting one member at large. Based on the Board's direction, a resolution establishing and governing the committee has been drafted and is proposed for the Board's approval. As structured, the Committee will be automatically sunsetted after one year from the date of formation or completion of its tasks for the Board, whichever occurs first. Funding. There is no funding associated with this matter. Recommendation. Staff recommends the Board adopt the resolution establishing and governing the Development Review and Permit Process Advisory Committee. Attachment: Resolution founding the Development Review and Permit Process Advisory Committee P276 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE. WHEREAS, Indian River County experienced a significant reduction in development, especially single family subdivisions during the recession beginning in 2008; and WHEREAS, the effects of the recession resulted in layoffs and staff reductions by the County and developers alike; and WHEREAS, the last few years have seen a steady increase in commercial development and construction of single family subdivisions and homes in the County; and WHEREAS, on April 12, 2017, a Development Review and Permit Process Workshop was held and the three main topics of discussion were the review of landscape requirements, use of Temporary Suspension of Compliance provisions, and review of Development Review fees for Community Development and Public Works departments in association with increasing staffing levels and quicker review time frames; and WHEREAS, on May 2, 2017, the Indian River County Board of County Commissioners directed staff to evaluate the three topics and report back to the Board; and WHEREAS, at their meeting of June 20, 2017, staff reported back to the Board and the Board discussed the various topics addressed at the workshop. After hearing from staff and receiving input from developers and interested parties in attendance, the Board directed that a committee of limited duration and focused mission be created to further study, advise, and make recommendations to the Board concerning the main topics discussed at the workshop; and WHEREAS, County staff and the development community seek to work together to discover ways that can improve and streamline the development review and permit process for all parties involved; and WHEREAS, Indian River County has a knowledgeable group of professionals who could serve and work with the committee to provide valuable input, helpful suggestions and advice to the Board concerning betterment of the development process; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY F:\Attomey\Bill\Community Developement\Committees\Permitting and development advisory committee resolution.doc P277 RESOLUTION NO. 2017 - COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. ESTABLISHMENT. The Indian River County Development Review and Permit Process Advisory Committee is hereby established. 2. MEMBERSHIP. The Development Review and Permit Process Advisory Committee shall have eleven voting members appointed by the Board of County Commissioners. Each Commissioner is charged with the duty of appointing two members: one member shall be from the building and development community and one member from the community at large, but preferably knowledgeable with respect to some aspect of building and development. The eleventh member shall be an at large member selected by a majority of the Commission. Members must reside, work or own property in Indian River County. 3. DURATION OF COMMITTEE AND TERM OF OFFICE. The Development Review and Permit Process Advisory Committee shall automatically be sunsetted one year from the date of its first meeting or completion of its tasks for the Board, whichever occurs first, and the term of office for each member shall terminate at that time. The duration of the Committee may be extended by the Board and the term of office for the members shall be extended accordingly. 4. POWERS AND DUTIES. The Development Review and Permit Process Advisory Committee shall have the power and duty to: a. Review landscape requirements found in Chapters 926 and 934, Code of Indian River County and advise the Board concerning ordinance amendments to the County's landscape regulations. b. Consider amending Chapter 902, Temporary Suspension of Compliance provisions, Code of Indian River County, and submit recommendations on proposed changes to the Board of County Commissioners. C. Review of Development Review fees for the Community Development and Public Works departments. 2 P278 Project: FR0766L -- R2016 GIFFORD LF Invoice # :273321589 Phase: 01) PM Class/ Employee Name Hours Rate Amount SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 1.50 116.00 174.00 SENIOR PROFESSIONAL JOHNSON, JILL 7.50 184.00 1,380.00 Total Phase: 01) PM Phase Labor 1,554.00 3.0% Communication Fee 46.62 Phase: 02) MTGS/REGULATORY Class/ Employee Name Hours Rate Amount PROJECT ADMINISTRATOR EDWARDS, CYNTHIA 2.50 92.00 230.00 SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 6.00 116.00 696.00 Total Phase: 02) MTGS/REGULATORY Phase Labor 926.00 3.0% Communication Fee 27.78 Phase: 07) RAPM SAMPLING Class/ Employee Name Hours Rate Amount SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 2.75 116.00 319.00 Total Phase: 07) RAPM SAMPLING Phase Labor 319.00 3.0% Communication Fee 9.57 Phase: 08) INJECTION ACTIVITIES Class/ Employee Name Hours Rate Amount PROJECT ADMINISTRATOR EDWARDS, CYNTHIA 0.50 92.00 46.00 SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 3.00 116.00 348.00 CRUM, JAKE 6.00 116.00 696.00 Total Phase: 08) INJECTION ACTIVITIES Phase Labor 1,090.00 3.0% Communication Fee 32.70 Total Project Labor 3,889.00 3.0% Communication Fee 116.67 Total Project: FR0766L -- R2016 GIFFORD LF INCPMGEOPH 4,005.67 Page 2 P319 Geospte& consultants Mr. Himanshu Mehta JUN 2 8 2017 Indian River County tandfM Managing Director Indian River County Solid Waste Disposal District 1325 741' Avenue Southwest Vero Beach, Florida 32968 Subject: Project Management Report and Transmittal of Invoice South Gifford Road Landfill Dear Mr. Mehta: 316 South Baylen Street, Suite 201 Pensacola, Florida 32502 PH 850.477.6547 FAX 850.477.6707 «,mv.seosyntec.com 27 June 2017 Geosyntec Consultants (Geosyntec) prepared this project management report to address the Plume Groundwater Monitoring project being conducted by Geosyntec on behalf of Indian River County (IRC) Solid Waste Disposal District (SWDD) at the South Gifford Road Landfill site. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; and (iv) recommended actions for the site. The enclosed invoice reflects labor and expenses in May 2017 for work being performed at the South Gifford Road Landfill. Table 1 provides invoicing details for the project. Work Order No. 4 was approved by IRC on 1 March 2016 and the budget for the project was developed using labor rates that were approved by IRC for use in 2016. Amendment No. 1 was approved by IRC on 20 September 2016 and Amendment No. 2 was approved by IRC on 24 January 2017. PROJECT MANAGEMENT SUMMARY Ceo-vatec's Proiect No. FR0766L: One Year of Groundwater Mouitoring/Reporting and Related Consulting Services (IRC Work Order No. 4, Amendment Nos. I and 2) Budget Overview Invoice No. 273321589 dated 22 June 2017 for $4,005.67, Project No. FR0766L is enclosed. Listed below is a summary of the budget, including invoiced amount, and remaining budget. Geosyntec is within the budget appropriated for this project. Approved Budget: $ 172,102.00 Invoiced Amount to -date:$ 172.097.93 Remaining Budget: $ 4.07 FR0766UPR17020 engineers I scientists I innovators P320 Mr. Himanshu Mehta 27 June 2017 Page 2 Work Completed to Date The summer 2016 semi-annual groundwater sampling event was completed in June 2016. The Remedial Action Plan Modification Addendum No. 3 (RAPM) was approved by FDEP on 15 July 2016. RAPM-related field activities, including injection well development and sampling and DPT groundwater sampling, were conducted in June and July 2016. The Summer 2016 Semi -Annual Groundwater Monitoring Report was submitted to FDEP on 30 August 2016. The annual IRC Pollution Remediation Liabilities Evaluation was submitted to IRC on 28 October 2016. The fall/winter semi-annual groundwater sampling event was completed in December 2016. A project update meeting was held via conference call with FDEP, IRC, and Geosyntec on 23 January 2017 to provide an update on the schedule for RAPM activities, discuss potential changes to the monitoring plan for the Site, and provide a Brownfields project update. Geosyntec completed a statistical data analysis and monitoring plan optimization evaluation and presented the results to FDEP during the 23 January 2017 meeting. The Fall/Winter Semi -Annual Groundwater Monitoring Report, including the optimization results and recommendation to decrease monitoring frequency of 21 wells from semi-annual to annual monitoring, was submitted to FDEP on 28 March 2017. The budget request for RAPM implementation activities was approved at the 24 January 2017 Board of County Commissioners (BCC) meeting. RAPM activities were implemented the week of 10 April 2017 and included installation of a performance monitoring well, set up and breakdown for the injection event, and injection activities. Work Reflected on Enclosed Invoice Labor reflected on the enclosed invoice as professional services ($3,889.00) is attributed to project management and administration, and finalization of the RAPM field activities and associated field forms, and associated data management. The remainder of the invoice is associated with a communications fee per the contract. Recommended Actions None. FR0766LIPRI7020 engineers I scientists I innovators P321 Mr. Himanshu Mehta 27 June 2017 Page 3 CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at (850) 483-5100. Sincerely, w J W. Johnson, P.G. Senior Hydrogeologist Enclosure FR0766LJPR17020 engineers I scientists I innovators P322 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766L South Gifford Road Landfill Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FRO766L (IRC Work order No. 4) 27160164 04/14/2016 $2,637.97 27160196 05/09/2016 54,654.57 27160269 07/082016 (REV) 54,369.26 27160325 07212016 516,101.18 27160391 0824/2016 $26,494.19 27160435 0923/2016 519,436.95 27160449 10/06/2016 $2,920.79 27160533 1122/2016 52,297.93 27160540 12/122016 $3,327.93 27318339 01242017 515,716.76 2731%84 02/212017 $9,473.04 27321595 03282017 58,581.56 27328639 04/142017 54,547.45 27330615 05/182017 $47,532.68 273321589 0622/2017 $4,005.67 TOTAL $172,09793 FR0766UPRI7020 engineers I scientists I innovators P323 Geosynte& consultants INDIAN RIVER COUNTY SWDD 1326 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA, P.E. PLEASE RENT PAYMENT TO: Geosyntso Consultants 900 Broken Sound Parkway NW. Suite 200 Boca Raton, Florida 33487-2775 USA Tel (501) 995.0900 Fax (561) 995-0925 Invoice #: 273321589 Invoice Date: 6/22/2017 Project: FR0766L Project Name: R2016 GIFFORD LF For Professional Services Rendered through transaction date: 6/31/2017 If you have questions about this invoice, please contact Crystal Towns at (850) 483-5102. WORK ORDER NUMBER 4 DATED MARCH 1, 2016 Professional Services $3,889.00 3.0% Communication Fee $116.67 ------------------ Current Invoice $4,005.67 **Amount Due This Invoice 1 $4,006.67 Statement Prior Billings $168,092.26 Project Budget $172,102.00 Current Invoice $4,005.67 Expended to Date $172,097.93 Billed To Date $172,097.93 Contract Balance $4.07 Paid To Date $168,092.26 **Amount Due This Invoke "* $4,006.67 P324 Project: FRO766L — R2016 GIFFORD LF Invoice #:273321689 Phase: 01) PM Class /Employee Name Hours Rate Amount SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 1.50 116.00 174.00 SENIOR PROFESSIONAL JOHNSON, JILL 7.50 184.00 f 1,380.00 / Total Phase : 01) PM Phase Labor 1,664.00 / 3.0°k Communication Fee 46.62 Phase: 02) MTGS/REGULATORY Class /Employee Name Hours Rade Amount PROJECT ADMINISTRATOR EDWARDS, CYNTHIA 2.50 92.00 230.00 / SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 6.00 116.00/ 696-00 'J Total Phase: 021 MTGS/REGULATORY Phase Labor 826.00 3.0% Communication Fee 27.78 Phase: 07) RAPM SAMPLING Class/Employee Name Hours Rate Amount SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 2.75 116.00 / 319.00 Total Phase: 07) RAPM SAMPLING Phase Labor 318.00 3.0% Communication Fee 9.67 Phase: 08) INJECTION ACTIVITIES Class /Employee Name Hours Rate Amount PROJECT ADMINISTRATOR E 0.50 92.00 46.00 DWARDS, CYNTHIA SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 3.00 116.00,/ 348.00 CRUM, JAKE 6.00 116.00/ 696.00 Total Phase: 08) INJECTION ACTIVITIES Phase Labor 1,080.00 3.0% Communication Fee 32.70 Total Project Labor 3,889.00 3.0% Communication Fee 116.67' Total Project: FR0766L — R2016 GIFFORD LF 4,006.67/ INCPMGEOPH Page 2 P325 Geosyntec Consultants 2016 Bill Rates Labor Classification ClericAl Project Administrator/Administrative Assistant Technical Word Processor Drafter/CADD Operator/Artist Senior Drafter/Senior CADD Operat9r Designer Engineering Technician Senior Engineering Technician Field Manager Site Manager Field Superintendent Staff Professional Senior Staff Professional Professional Project Professional Senior Professional Principal/Associate Senior Principal General Direct Expenses Subcontract Services Communications Fee Specialized Computer Applications Photocopies Bill Rate $56 $92 $94 $82 $133 $135 $65 $83 $98 $112 $116 $99 $116 $132' $151 $184 $209 $221 At Cost Cost Plus 7% 3% of Professional Fees $15 per hour $0.12 per page Effective 1 January 2015 and each year thereafter the bill rates stated above will be adjusted based on the prior twelve month Consumer Price Index for all south urban consumers. IRC 2016 Rda P326 INDIAN RIVER COUNTY �giv>cR ,w G SOLID WASTE DISPOSAL DISTRICT �toxtoA BOARD MEMORANDUM c}� Date: June 28, 2017 To: Jason 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 to INEOS New Planet BioEnergy, LLC for Yard Waste Processing Services through March 31, 2017 DESCRIPTIONS AND CONDITIONS: 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) to supply vegetative waste for the production of bioethanol 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 with INPB, which provided for a transition of vegetative waste from the Indian River BioEnergy Center to SWDD's vegetative processing area from January 2, 2017 through March 31, 2017. On March 7, 2017, the SWDD Board approved the award of bid for yard waste processing and disposal services to Mr. Mulch, Inc. to provide services on SWDD's vegetative processing area beginning April 1, 2017. Overall, the transition from the INPB facility to SWDD's facility was smooth, and staff and INEOS have been mutually working on officially terminating the existing FSA and the accompanying Landfill Gas Agreement (LFGA). Staff has also been coordinating with Arbor One, ACA (Arbor One), who is the bank that provided the bond guaranteed in part by the U.S. Department of Agriculture to INPB for their project. In order to avoid further delay, staff is requesting approval of the final payment to INPB for services through March 31, 2017. ANALYSIS: INPB has satisfactorily provided services through March 31, 2017, and submitted a total final invoice of $38,293.56. This invoiced amount includes a credit of $13,500 for the sale of landfill gas credits via Blue Source. @BCL@34056042 Page 1 of 2 P327 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. Description I Account Number Amount SWDD Recycling Fund - Other Professional Services 1 41125534-033190 $38,293.56 RECOMMENDATION: SWDD staff recommends that its Board approve INPB's final invoice amount of $38,293.56. ATTACHMENT(s): 1. INPB Final Invoice @BCL@34056C42 Page 2 of 2 P328 INEOS New Planet BioEnergy LLC Indian River County Solid Waste Disposal District 1325 741' Avenue, SW Vero Beach, FL 32968-9755 Attn.: Mr. Himanshu Mehta Michelaire Medor Business Process Design Analyst Tel: 281-535-4421 Email: michelaire.medorgineos.com Received by SWDD JUN 22 2011 June 22, 2017 Indian River County Landfill Dear Mr. Mehta, Enclosed for payment is our revised invoice number 1800000221 for March 2017. The total amount due is $38,293.56. Blue Source payment was received and applied. Remit Electronic Payment to: INEOS New Planet BioEnergy LLC Barclays Bank PLC NY 1301 Sixth Ave New York, NY 10166 SWIFT Code BARCUS33 Account# 050-703498 ABA# 026002574 INEOS New Planet BioEnergy LLC GLOBAL PAYMENTS TEAM 1301 SIXTH AVENUE 8th FLOOR ATTN.: ENZA LUPO NEW YORK, NY 10019 Please feel free to contact me with any questions regarding this invoice. Sincerely, r Michelaire Medor P329 INEOS New Planet Bio -Energy, LLC 281-535-4421 INVOICE March 2017 Indian River County Solid Waste Disposal District 1325 74th Avenue, SW Vero Beach, FL 32968-9755 Date: Invoice #: Term: Account No.: 6/22/2017 1800000221 Net 30 10000979 FEEDSTOCK FOR ETHANOL & ELECTRICITY: Tons Fee Total Total Acceptable Waste by SWDD to INPB S,S69.20 $9.30 $51,793.56 ALTERNATIVE USES FOR FEEDSTOCK: Tons Landfill Cover Material to Republic (') Recycled Mulch - SWDD Other Uses (Golf course, Egret Marsh, etc.) 0.00 Total SWDD Alternative Uses Total Acceptable Waste to INPB for Supplementary Processing - $5.18 - UNACCEPTABLE WASTE: Ash Residue for Cover Material (Up to 20,000) I'I ($5.18) $ - Ash Residue for Disposal ($19.51) $ Other Materials by INPB for Disposal (Up to 10,000) 1rI 0 ($19.51) $ Other Materials by INPB for Disposal (> 10,000) ($32.50) $ LANDFILL GAS: MMBTU Landfill Gas Supplied to INPB ($0.72) $ - TIPPING FEES: Tipping Fees Collected by INPB on behalf of SWDD ($) ($1.00) $ ADJUSTMENTS: Blue Source Payment 13,500.001 TOTAL = $ (13,500.00) $38,293.56 ac (a) SWDD Uses Limited to 25,000 Tons Per Year: 11NP8 Disposal limited to 10,000 Tons Per Year: � NOW44 , _ �.. � !0 S NOW Planet BIDE sys Bank PLC NY Sbcth Ave York, NY 10166 T Code BARCUS33 urn# 050-703498 1026002574 P330 (5,�'q �I�Rc INDIAN RIVER COUNTYgIvER�,Q W G SOLID WASTE DISPOSAL DISTRICT �LOR1oA BOARD MEMORANDUM -} Date: June 23, 2017 To: Jason 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 to Geosyntec for CCNA-2014-Work Order No. 5 - 2016 Title V Air Operation Permit Renewal DESCRIPTIONS AND CONDITIONS: On October 18, 2016, the Solid Waste Disposal District (SWDD) Board approved CCNA-2014-Work Order No. 5 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $64,107.00 pursuant to an extension and amendment of the Continuing Contract Agreement for Professional Services between SWDD and Geosynetec dated November 4, 2014. The scope of work was divided into four phases: (i) general consulting/meeting support/project management; (ii) Tier 2 testing and reporting; (iii) Title V Air Air Operation Permit Renewal Application; and (iv) response to regulatory comments. ANALYSIS: A final Title V Air Operation Permit Renwal was issued on June 1, 2017, by the Florida Department of Environmental Protection (FDEP). Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount, including the final invoice of $685.47. After final payment, the total amount paid to Geosyntec will be at the cost of $64,091.47, which is $15.53 under budget. Attached is Geosyntec's report describing in more details the services provided under this work order. FUNDING: Funding for the Title V Air Operations Permit Renewal Application services is available in the Engineering Services account in the SWDD Landfill Fund account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $561,000 for the 2016/2017 fiscal year. Description I Account Number Amount 2016 Title V Air Operations Permit Renewal Application 41121734-033130 $685.47 RECOMMENDATION: SWDD staff recommends that its Board approve Geosyntec's final invoice amount of $685.47. ATTACHMENT(s): Geosyntec Project Completion Report & Final Invoice @BCL@1806E17A No. 2 Page 1 of 1 P331 Geosyntec l�' consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Received by SVYDD JUN 2 1 2017 Indian River County LandRN 1200 Rivetplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 FAx 904.396.1143 www.geosyntec.com 21 June 2017 Subject: Project Management Completion Report and Transmittal of Invoice No. 124321504 IRC — 2016 Title V Air Operation Permit Renewal Application IRC Work Authorization No. CCNA-2014-Work Order No. 5 Indian River County Landfill Facility, Vero Beach, Florida Dear Mr. Mehta: INTRODUCTION Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FL2914 - 2016 Title V Air Operation Permit Renewal Application for the Indian River County Landfill Facility. This project was completed under Work Order No. CCNA-2014-Work Order No. 5 authorized on October 18, 2016, 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 as of this 41' day of November, 2.014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). This report has been prepared as a supplement to our final invoice No. 124321504, dated 21 June 2017. SCOPE OF WORK The scope of work authorized under Work Order No. CCNA-2014-Work Order No. 5 was divided into four phases: (i) general consulting/meeting support/project management; (ii) Tier 2 testing and reporting; (iii) Title V Air Operation Permit Renewal Application; and (iv) response to regulatory comments. The following is a phase by phase summary of the work that Geosyntec performed under this Work Order. FL2914-01 /JL 17017A.doc engineers I scientists 1 innovators P332 Mr. Himanshu H. Mehta, P.E. 21 June 2017 Page 2 Phase 1 General Consulting/Meeting Support/Proiect Management Under this phase, Geosyntec performed project planning and management responsibilities, such as meetings and correspondences with SWDD, Republic, and FDEP Division of Air Resources Management (FDEP-DARM); invoice review and preparation; project coordination; and project administration. Phase 2 — Tier 2 Testing and Reporting Under this phase, Geosyntec developed a test plan, directed the field sampling and laboratory analysis, and performed data evaluation and reporting to estimate the concentration of non - methane organic compounds (NMOC) in landfill gas generated by the IRC Class I landfill. Landfill gas sampling was performed on October 20 and 21, 2016 by the TRC, Air Measurement Group, Gainesville, Florida, under subcontract to Geosyntec. The sampling event was monitored by representatives of SWDD and Geosyntec to verify compliance with FDEP rules. The samples were subsequently analyzed by TRC laboratory and the analyses results were used by Geosyntec to calculate the annual uncontrolled emission of NMOC (see Phase 3 below). Phase 3 Title V Air Operation Permit Renewal Application Under this phase, Geosyntec completed an application for a 5 -year renewal of Title V Air Operation permit for the Indian River County (IRC) landfill in accordance with Section 62- 210.900 of Florida Administrative Code (F.A.C). The application provided an estimate for the uncontrolled emission of non -methane organic compound (NMOC) for the calendar year 2016 of 22.43 Mg/year, based on the results of the Tier 2 analysis (see Phase 2 above). Landfill facilities having an annual emission of NMOC below 50 Mg/year, by USEPA rules and regulations, are not required to install a landfill gas collection and control system (GCCS). Since IRC landfill is equipped with a voluntary GCCS, it is exempt from complying with the applicable costly requirements of the New Source Performance Standards (HSPS) that are the obligations of mandatory systems. Phase 3 — Response to Regulatory Comments Under this phase, Geosyntec monitored the progress of the permit application review and responded to requests for additional information (RAIs) by FDEP-DARM. The application was received by FDEP-DARM, Tallahassee on December 2, 2016. Geosyntec worked with SWDD in responding to RAIs from FDEP-DARM, which included, among others, preparation of an Air FL2914-0I/JL17017A engineers I scientists 1 innovators P333 Mr. Himanshu H. Mehta, P.E. 21 June 2017 Page 2 Construction Permit Application and sampling and laboratory testing of landfill gas (LFG) for total reduced sulfur. On March 3, 2017, the FDEP-DARM issued to SWDD draft permits (Air Construction and Title V Air Operation) for review and an advertisement for publishing in a local newspaper. The advertisement informed the public that FDEP-DARM intends to issue the permits to the SWDD landfill and solicit comments from the public. Copies of the application and the proposed permits were also submitted to the Environmental Protection Agency (EPA), Atlanta District for review and comments. The review period was limited to 45 days and in the absence of comments by either the EPA and/or the public, the FDEP-DARM issued the final Air Construction Permit (No. 0610015 -006 -AC) on March 24, 2017 and the final Title V Air Operation Permit Renewal (No. 0610015 -005 -AV) on June 01, 2017. BUDGET The approved budget for Work Order No. CCNA-2014-Work Order No. 5 was $64,107.00. The total invoiced amount, including the final invoice is $64,091.47. Therefore, Geosyntec completed this project within the approved budget. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at (904) 858-1818. Sincerely Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer Enclosure: Invoice No. 124321504 FL2914-011JL17017A engineers I scientists I innovators P334 Geosyntec� consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 r' . Z V juN 21 2017 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 FH 904 858.1818 FAX 904.396.1143 m"v,posyntec.com 21 June 2017 Subject: Project Management Report and Transmittal of Invoice No. 124321504 IRC — 2016 Title V Air Operations Permit Renewal Application Indian River County Landfill Facility Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) prepared this project management report to address the professional services for the Title V Air Operations Permit Renewal Application for the Class I landfill at the Indian River County (IRC) landfill facility. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work; and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 11 June 2017. Table 1 provides invoicing detail for the project. PROJECT MANAGEMENT SUMMARIES Geosvntec's Proiect No FL2914. 2016 Title V Air Operations Permit Renewal Application — Indian River County Landfill Facility (IRC Work Authorization No. CCNA 2014 -Work Order No. 5 Budget Overview Invoice No. 124321504 (enclosed) dated 21 June 2017 for $685.47 the 7' and final invoice for Project No. FL2914. Listed below is a summary of the budget, including invoiced amount and remaining budget. Approved Budget: $64,107.00 Invoiced Amount: $64,091.47 Remaining Budget $ 15.53 Geosyntec is within the budget appropriated for this project. FL2914.011FL2914 JL.17017 ailtinem, I 1 int ayrd" 4 P335 Mr. Himanshu H. Mehta, P.E. 21 June 2017 Page 2 WORK COMPLETED TO DATE The tasks performed under this invoice include communications with SWDD and FDEP Division of Air Resources Management (DARM) on the Title V permit renewal application, review of proposed and FINAL Title V Air Operation permit, and project management, including invoicing. WORK REFLECTED ON ENCLOSED INVOICE Labor reflected on the enclosed invoice is mainly attributed to the following: • Labor indicated as professional services ($665.00) is associated with communications with SWDD and FDEP-DARM, review of proposed and FINAL Title V Air Operation permit issued by DARM, and project management, including invoicing. • Other expenses are associated with communications fee ($19.97). ONGOING WORK FDEP-DARM issued a proposed Title V Air Operation Permit for the facility on April 13, 2017. Geosyntec reviewed the proposed permit and communicated with SWDD and DARM on the applicable and appropriate comments. A Final Title V Air Operation Permit was issued by DARM on June 1, 2017. Geosyntec reviewed the Final Permit for consistency with the proposed permit. This therefore completes the scope of work under this project and Work Order. RECOMMENDED ACTIONS None CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 904.858.1818. Sincerely, Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer Enclosure —Invoice No. 124321504 FL2914-0ITL2914 JL 17017 pugiti w 1 SCIMX6.9Pa I JURDVAUM P336 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FL2914 IRC — 2016 Title V Air Operations Permit Renewal Application Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FL2523/CCNA-2014-WOS 12164118 11/14/2016 $7,586.91 12164130 12/09/2016 $31,958.55 12417682 1/16/2017 $15,425.13 12419675 2/21/2017 $4,346.31 12420866 3/14/2017 $1,061.93 12428247 4/11/2017 $3,027.17 124321504 6/21/2017 $685.47 TOTAL $64,091.47 FL2914.0)\FL.2914 JL17017 P337 Geosyntec" consultants INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA, P.E. PLEASE REMIT PAYMENT TO: Goosyntac Consultants 900 Broken Sound Parkway NW, Suite 200 Boca Raton. Florida 33487-2775 USA Tel (561) 995.0900 Fax (561) 995-0925 Invoice #: 124321504 invoice Date: 6/21/2017 Project: FL2914 Project Name: IRC 2016 TITLE V PERMIT RENEWAL AP For Professional Services Rendered through transaction date: 6/11/2017 IF YOU HAVE QUESTIONS ABOUT THIS INVOICE, PLEASE CONTACT DR. KWASI BADU-TWENEBOAH AT 904-858-1818. CCNA-2014-WO NO.5 Statement Prior Billings $63,406.00 Current Invoice $685.47 Billed To Date $64,091.47 Paid To Date $63,406.00 Professional Services $665•50 3.0% Communication Fee $19.97 ------------------ Current Invoice $685.47 "Amount Due This Invoice "" $685.47 Project Budget Expended to Date Contract Balance "*Amount Due This Invoice " $64,107.00 $64,091.47 $15.53 $686.47 P338 Project: FL2914 - IRC 2016 TITLE V PERMIT RENEWAL AP Invoice #:124321604 Phase: 01) GC/PM/MEETINGS Class/ Employee Name care ADMINISTRATIVE ASSISTANT TERPSTRA, TORI 04/11/2017 Total: ADMINISTRATIVE ASSISTANT PRINCIPAL BADU-TWENEBOAH, KWASI Total: PRINCIPAL Hours 0.25 0.25 04/10/2017 0.50 04/11/2017 1.00 04/13/2017 0.50 05/15/2017 0.50 2.50 Rate 94.00 214.00 " 214.00 214.00.- 214.00/1' 14.00214.00;' Amount 23.50 23.50 107.00/ 214.00 r 107.00( 107.00( 535.00 Total Phase: 01) GC/PM/MEETINGS Phase Labor 668.60 3.0% Communication Fee 16.76 , Phase: 04) RESPONSE TO REGULATORY COMMENT class /Employee Name Date Hours Rate Amount PRINCIPAL BADU-TWENEBOAH, KWASI 06/06/2017 0.50 214.00 107.00 Total: PRINCIPAL 0.50 107.00 Total Phase: 04) RESPONSE TO REGULATORY COMMENT Phase Labor 107.00 3.0% Communication Fee 3.21 Total Project Labor 666.60 3.0% Communication Fee 19.97 Total Project: FL2914 - IRC 2016 TITLE V PERMIT RENEWAL AP 686.4Ty' INCPMGEOPH Page 2 P339 INDIAN RIVER COUNTY f�,41VER�,OG SOLID WASTE DISPOSAL DISTRICT 21 BOARD MEMORANDUM IYCX- � Date: June 28, 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: July 2017 Update on Brownfields Redevelopment Process for the Former South Gifford Road Landfill Site DESCRIPTIONS AND CONDITIONS: On December 3, 2013, the Indian River County Board of County Commissioners (BCC) authorized the submittal of an application for a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant from the Treasure Coast Regional Planning Council (TCRPC) for the former South Gifford Road landfill site (Gifford Landfill). The entire Gifford Landfill covers approximately 115 acres with the northern 55 acres owned by Indian River County and the southern 60 acres owned by the City of Vero Beach. On May 28, 2015, TCRPC was awarded another Brownfields Coalition Assessment Grant utilizing the Gifford Landfill as one of the sites in their grant application. In August 2016, TCRPC authorized their consultant, Geosyntec, to perform the following tasks: Task 1 - Community Stakeholders Meeting #1; Task 2 - Development of conceptual designs and estimated costs; Task 3 - Community Stakeholders Meeting #2; and Task 4 - SWDD Board Meeting #3. Meeting #1 was held at the Gifford Community Center on December 10, 2016. The goal of the workshop was to engage the community attendees in brainstorming ideas for potential redevelopment uses for the former landfill site. On January 24, 2017, staff brought an update to the SWDD Board on the Brownfield Redevelopment process and presented the potential redevelopment uses provided from Meeting #1. The SWDD Board directed staff to do the following: (1) Authorized the Treasure Coast Regional Planning Council to continue with the redevelopment planning efforts as outlined in Tasks 2, 3, and 4 above, with direction from the Solid Waste Disposal District Board; (2) Authorized staff to clean up and beautify County frontage in the initial phase; and OdO96616-f756-48da-899e-e48154f6f43c. docm Page 1 of 5 P340 (3) Not commit to 3 to 5 acres being reserved for the Gifford Customer Convenience Center, but to keep 12 to 15 acres reserved for the Road and Bridge Compound. ANALYSIS: COUNTY FRONTAGE: Staff visited the Former Gifford Road Landfill site to review the existing frontage along 415` Street. As shown in the photos below, the site frontage is heavily buffered with oak trees, pine trees and exotics. There is also an existing fence along certain portions of the site. At this time, it is estimated that it may cost approximately $100,000 to clear and remove most of the materials in order to replace with the required landscape buffer in accordance with Section 926.09(1) of the County Code of Ordinances. Additional costs will incur in the design, bidding and construction for the improvements as well as long term costs with maintenance and irrigation of the improvements. Another option may be to visually/aesthetically buffer the driveway openings that exist today (i.e. slated fencing) at a much lower cost. This fencing buffer could be done quickly and at a much lower cost while the long term plan for the site gets developed. Staff is requesting direction from the Board whether to proceed with an aesthetic fencing option or a more robust work plan that includes surveying, designing and bidding for a frontage improvement plan based on the preliminary financial costs. CONCEPTUAL PLANNING: TCRPC has taken the various conceptual ideas from the community and developed them into two conceptual plans. Conceptual "Plan A" includes an Amphitheater, Farmer's Market / Open Air Pavilions, a Community Arts Building, Agricultural / Community Gardens, and reserved space for future uses such as a solar farm, walking trails and open fields. Improvements for the 41st Street frontage along with parking and stormwater features have also been added for a total redevelopment area of 40 acres. In order to accommodate these features, this plan includes the removal of the existing Gifford Customer Convenience Center and constructing a re -designed facility in the front part of the consolidated Road & Bridge Compound within a total area of 15 acres. Od 096616-f75 6-48 d a-899 e-e48154f6f4 3 c. d oc m Page 2 of 5 P341 Geosyntec has taken the concepts in the above plan and has determined a preliminary redevelopment cost estimate consisting of the following: Plan A Amphitheater $4.2 million to $5.0 million Farmer's Market - Open Air Pavilions $230,000 to $280,000 =000 o=_o o_0 0 0�0_ sod :ao_oYo_o �oY _off ------ ----oo $2.0 million to $2.5 million Agricultural/ Community Gardens 0 General Site Improvements (Clearing, Parking, Stormwater, Open Fields & Re -Forested Area, etc.) $9.6 million to $11 million 4�O�OrO�O5O�O�O%O�O�O�O%O�O,�'� I $1.6 million to $2.0 million Capital Cost Range (Totals) "Preliminary Draft Estimate Only" $18 million to $22 million 41 Geosyntec has taken the concepts in the above plan and has determined a preliminary redevelopment cost estimate consisting of the following: Please note, these costs are preliminary only and will be refined leading up to the next community meeting. Also, these costs do not include operations and maintenance costs for any of these improvements. TCRPC has also developed Conceptual "Plan B", which includes all of the features from "Plan A"; however, it keeps the existing Gifford Customer Convenience Center as is and provides a total area of 15 Od096616-f756-48da-899e-e48154f6f43c.docm Page 3 of 5 P342 Plan A Amphitheater $4.2 million to $5.0 million Farmer's Market - Open Air Pavilions $230,000 to $280,000 Community Arts Building $2.0 million to $2.5 million Agricultural/ Community Gardens $500,000 to $610,000 General Site Improvements (Clearing, Parking, Stormwater, Open Fields & Re -Forested Area, etc.) $9.6 million to $11 million Aggregated County Facility (New CCC and Road & Bridge Compound) $1.6 million to $2.0 million Capital Cost Range (Totals) "Preliminary Draft Estimate Only" $18 million to $22 million Please note, these costs are preliminary only and will be refined leading up to the next community meeting. Also, these costs do not include operations and maintenance costs for any of these improvements. TCRPC has also developed Conceptual "Plan B", which includes all of the features from "Plan A"; however, it keeps the existing Gifford Customer Convenience Center as is and provides a total area of 15 Od096616-f756-48da-899e-e48154f6f43c.docm Page 3 of 5 P342 acres for the Road & Bridge Compound. This approach has reduced the redevelopment area to approximately 35 acres. Similarly, Geosyntec has taken the concepts in the above plan and has determined a preliminary redevelopment cost estimate consisting of the following: Plan B Amphitheater $4.2 million to $5.0 million L Li :.�oao_o_o%o_o_o�o_ooaoso,000 r-,—�li �o oso�o�o-o o -o o%o�o�o.o o;,o r- • lr—I o 0 Agricultural/ Community Gardens '�--I—III • �—J o 0 0 $10 million to $11.7 million . Not Applicable Capital Cost Range (Totals) "Preliminary Draft Estimate Only" $16 million to $20 million - - .... o _ ..... -,� .000O 0 0 �� ►moi �I \ E Similarly, Geosyntec has taken the concepts in the above plan and has determined a preliminary redevelopment cost estimate consisting of the following: Please note, that discussions have been on-going with Florida Power and Light (FPL) related to their interest in a solar project for this site; however, no firm proposal of interest has been received from FPL at this time. Therefore, both Plan A and Plan B have included a provision for open areas that could be available for a future solar project, if viable. Od096616-f756-48d a-899 e-e48154f6f43c. d ocm Page 4 of 5 P343 Plan B Amphitheater $4.2 million to $5.0 million Farmer's Market - Open Air Pavilions $240,000 to $290,000 Community Arts Building $2.0 million to $2.5 million Agricultural/ Community Gardens $82,000 to $100,000 General Site Improvements (Clearing, Parking, Stormwater, Open Fields & Re -Forested Area, etc.) $10 million to $11.7 million Aggregated County Facility (New CCC and Road & Bridge Compound) Not Applicable Capital Cost Range (Totals) "Preliminary Draft Estimate Only" $16 million to $20 million Please note, that discussions have been on-going with Florida Power and Light (FPL) related to their interest in a solar project for this site; however, no firm proposal of interest has been received from FPL at this time. Therefore, both Plan A and Plan B have included a provision for open areas that could be available for a future solar project, if viable. Od096616-f756-48d a-899 e-e48154f6f43c. d ocm Page 4 of 5 P343 As a next step, TCRPC has tentatively scheduled a Community Stakeholders Meeting #2 at the Gifford Community Center on Thursday, July 27, 2017, from 6 pm to 8 pm to obtain community input on the above plans and costs. The objective of this meeting is to propose a final redevelopment alternative that is amenable to as many of the involved parties as possible, and is considered a viable alternative for subsequent redevelopment at the site. Once a firm direction has been determined, TCRPC will develop a "before and after" aerial perspective rendering that illustrates the preferred site design and program. It is important to emphasize that the improvements being considered for this site are for the overall benefit for all residents of Indian River County. FUNDING: This agenda item is for a project update to the SWDD Board and does not require funding. RECOMMENDATIONS: Staff is requesting input from the SWDD Board on the following: 1. Authorized staff to proceed with surveying, designing and bidding for a frontage improvement plan based on the preliminary financial costs. A work order for specific work will be brought to the Board for approval at a future meeting. 2. Input on the conceptual ideas as well as the preliminary capital costs that have been generated by the TCRPC and Geosyntec. Od096616-f756-48da-899e-e48154f6f43c. docm Page 5 of 5 P344 Update on Brownfields Redevelopment Process for the Former Gifford Road Landfill Site Solid Waste Disposal District — Himanshu Mehta, P.E. Geosyntec ons11 taws ws July 11, 2017 Previous Board Direction Per January 24, 2017 Board minutes: 1) Authorized the Treasure Coast Regional Planning Council to continue with the redevelopment planning efforts as outlined in Tasks 2, 3, and 4 above, with direction from the Solid Waste Disposal District Board; 2) Authorized staff to clean up and beautify County frontage in the initial phase; and 3) Not commit to 3 to 5 acres being reserved for the Gifford Customer Convenience Center, but to keep 12 to 15 acres reserved for the Road and Bridge Compound. 1 7/12/2017 Options for County Frontage • Currently heavily buffered with oak trees, pine trees and exotics as well as some chain link fence. • Option 1: Clear and remove most of the materials in order to replace with the required landscape buffer in accordance with Section 926.09(1) of the County Code of Ordinances. • Option 2• Visually/aesthetically buffer the driveway openings that exist today (i.e. slated fencing) Plan A- Conceptual Community Input December 5, 2016 '3Uq ,A o '�' 2 7/12/2017 3v 4- 7/12/2017 ,'DDJ 4, A o q, 7/12/2017 Next Community Meeting • Next Meeting set for Monday, July 24, 2017 at the Gifford Community Center • The objective of this meeting is to propose a final redevelopment alternative that is amenable to as many of the involved parties as possible, and is considered a viable alternative for subsequent redevelopment at the site. • It is important to emphasize that the improvements being considered for this site are for the overall benefit for all residents of Indian River County. 34q- A. 5, 7/12/2017 Request for Board Input • Staff is requesting input on the following two options: — Authorized staff to proceed with surveying, designing and bidding for a frontage improvement plan based on the preliminary financial costs. A work order for specific work will be brought to the Board for approval at a future meeting. Or authorize staff to proceed with a visually/aesthetically buffer. — Input on the conceptual ideas as well as the preliminary capital costs that have been generated by the TCRPC and Geosyntec. 94q A. to- 6 Former South Gifford Road Landfill Redevelopment Preliminary Costing Summary of Preliminary Evaluation Summary as of: 7/12/2017 Assumptions 1 Geosyntec has assumed a safety factor of 20% for each cost range; this factor has been used to estimate the higher end point in each range. 2 Cost have been approximated based on the unit pricing sources shown in Plan A Preliminary Costing and Plan B Preliminary Costing 3 Cost estimates are based on features included in the two conceptual site designs prepared by Treasure Coast Regional Planning Council, dated 17 April 2017. 4 It is assumed that material excavated onsite (from excavations for building footers or retention ponds and for trenches) will be a 5 A maximum depth of excavation of 8 feet below land surface (ft BLS) has been assumed; dewatering has not been considered as part of the proposed redevelopment plan. 6 It is assumed that building/structure foundations will not need to reinforced, and that excavation up to 8 ft BLS will be suitable for building. 7 Excavated areas are proposed to be protected using geotextile layers to minimize potential vapor migration. At this time, active or 8 Costs estimated from Means data are based onRSMeons Heavy Construction Data or RSMeans Site Work Landscape Cost Data (2015 editions). 9 Where noted, selected costs are based on prior subcontractor or vendor quotes for similar activities. Final pricing is subject to change when updated quotes are obtained. 10 Stormwater management considerations are based on conceptually designed stormwater features; these features are subject to Plan A Plan B 1. Capital Cost Range (Totals) $18,275,824 to $21,930,989 $16,406,551 to $19,687,861 Costing Item A - Clearing and Grubbing $6,683 to $8,019 $6,683 to $8,019 Costing Item B - Parking Area (Map Number 1) $1,178,127 to $1,413,753 $826,460 to $991,752 Costing Item C - Drainage - Sitewide $60,799 to $72,959 $34,327 to $41,192 Costing Item D - Shallow Retention Ponds $2,555,117 to $3,066,141 $3,256,352 to $3,907,623 Costing Item E - Re -Forested Area (Map Number 3 $936,905 to $1,124,286 $1,126,012 to $1,351,215 Costing Item F - Open Fields (Map Number 10) $969,441 to $1,163,330 $707,446 to $848,935 Costing Item G - Interior Concrete Areas $381,828 to $458,193 $749,731 to $899,677 Costing Item H - Farmer's Market - Open Air Pavilions (Ma Number 5) $227,376 to $272.851 $242,376 to $290,851 Costing Item 1- Restroom/Concessions Building (Ma Number 4) $880,165 to $1,056,198 $691,425 to $829,710 Costing Item J - Central Green Space (Map Number 6 $49,701 to $59,642 $65,583 to $78,699 Costing Item K -Community Gardens -Planter Box Are (Map Number 8) $507,694 to $609,233 $82,558 to $99,070 Costing Item L - Community Arts Building (Map Number 7 $2,005,807 to $2,406,968 $2,008,369 to $2,410,043 Costing Item M - Amphitheater (Map Number 2) $4,233,819 to $5,080,582 $4,225,372 to $5,070,447 Costing Item N - Aggregated County Facility (Map Numbel 9) $1,626,900 to $1,952,280 Costing Item 0 - Professional Fee $2,655,462 to $3,186,554 $2,383,858 to $2,860,629 2. Redevelopment Timeline 3. Long Term Maintenance Cost Considerations 4. Geotechnical Considerations 5. Environmental Health and Safety Considerations Assumptions 1 Geosyntec has assumed a safety factor of 20% for each cost range; this factor has been used to estimate the higher end point in each range. 2 Cost have been approximated based on the unit pricing sources shown in Plan A Preliminary Costing and Plan B Preliminary Costing 3 Cost estimates are based on features included in the two conceptual site designs prepared by Treasure Coast Regional Planning Council, dated 17 April 2017. 4 It is assumed that material excavated onsite (from excavations for building footers or retention ponds and for trenches) will be a 5 A maximum depth of excavation of 8 feet below land surface (ft BLS) has been assumed; dewatering has not been considered as part of the proposed redevelopment plan. 6 It is assumed that building/structure foundations will not need to reinforced, and that excavation up to 8 ft BLS will be suitable for building. 7 Excavated areas are proposed to be protected using geotextile layers to minimize potential vapor migration. 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ODUW QUdk.o yWNO _. - _ _ _ - - _ _----- .-.-._.--- .------- _ _ _ _ _ _ - - - --.-.-.-.-.-.-.-._._._.--- - _ - - - - - - - _-._._._.-._.-.-., I I I I � I I NC I I U1 I � � I A � I m w oq U I Q � 00 ® O O O O 0! 0 O O O O O O O O 0: O O O O O O O O 0 I I I , Q [I I I I I I i I I I I I • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • I I I I I I I I 00 ® O O O O 0! 0 O O O O O O O O 0: O O O O O O O O 0 I I I , Q [I I I I I I i I I I I I I I I I I i © I I I I I I i I I I I I I I I I I I I I I I I I I I I ® I I I I I I I I I I I I I I ® I I I I I I ------------ I I I I L ------------------------------------- .-_-.--._----_-.-_-.--.---------___- I RESOLUTION NO. 2017- d. Identify issues and adopt recommendations for improving and streamlining aspects of the development review and permit process including use of technology and automation. e. [reserved for additional powers and duties as decided by the Board at the July 11, 2017 meeting] 5. ADVISORY STATUS. The Development Review and Permit Process Advisory Committee shall be advisory only and the members shall serve without compensation. 6. GENERAL PROVISIONS. The provisions of Title 1, Chapter 103, relating to advisory boards and commissions shall apply to this Committee. The Committee shall elect from among its voting members a chairman and a vice chairman at its first meeting. If the term of the committee requires it, each chair and vice chair shall serve for a one-year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. 7. MEETINGS. Meetings shall be held as decided by the Committee in coordination with County staff. A meeting may be called at the request of the chair of the Committee. The agenda for each meeting shall be established by the chairman in coordination with County staff. The chairman, staff or any Committee member may place matters on the agenda. Any Committee member may make an oral or written report on committee activity at a subsequent Board of County Commissioners meeting under "Public Discussion Items" or under "Departmental Agenda Matters" with the concurrence of staff. 8. CONSULTANTNENDOR CONTACT. The chair or individual Committee members are prohibited from contacting consultants or vendors retained by the County. 3 P279 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: 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 duly passed and adopted this 11th day of July, 2017. Attest: Jeffrey R. Smith, Clerk Of the Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal s iccy. William K. D ra Deputy County Attorney 4 INDIAN RIVER COUNTY Board of County Commissioners By Joseph E. Flescher, Chairman BCC approval date: P280 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney i3 .b Office Of Attorney's Matters 7111/ 2017 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: July 5, 2017 SUBJECT: Approval of Expert Witness Fees for Laurel Homes 66th Avenue Parcel On June 16, 2015, the Board of County Commissioners of Indian River County approved a mediated settlement agreement with Laurel Homes, Inc. to purchase 3.53 acres of property needed for construction of 66th Avenue between 41h Street and State Road 60. The property purchased lies on 66th Avenue between 16th Street and the Main Relief Canal. The construction of 661' Avenue bifurcated the 22 acre property. In attendance at the mediation were the County's outside eminent domain counsel Bill Doney, former County Administrator Joe Baird and Deputy County Attorney Bill DeBraal. The parties reached a settlement to purchase the property for $1,300,000. The parties did not reach settlement on the issue of the costs and expert witness fees. The matter has lingered over the past two years since the main suit was settled. Unfortunately there is no dead line or statute of limitations in which to seek expert fees and costs in an eminent domain case. The judge has set this matter for a docket call on July 201, 2017 and the County's outside attorney has been negotiating the matter with the attorney for Laurel Homes. As you recall the condemning authority is obligated by statute to pay the opposing party's expert witness fees and court costs. A breakdown of the expert fees is compiled on the table accompanying this memorandum. If the Board does not approve of the expert witness fees, they will be determined by the court after the docket call of July 24, with the County responsible for paying for the opposing parties attorney's fees and any_ additional expert witnesses needed to testify as to the reasonableness of their fees. Additionally, the County would have to retain experts to testify in a fee hearing and pay outside counsel to prepare for and attend the fee hearing. Our experts have reviewed the proposed settlement amounts and find them to be reasonable. Please be advised that the attorney for Laurel Homes, Mark Leavitt, is seeking attorney's fees prior to the date the suit was filed. He contends that a good faith offer to purchase the property was approved by the Board and made to Laurel Homes early in negotiations in the late 1990s or early 2000s. Staff and outside counsel dispute this argument as the only unconditional offer was approved and made by the Board on February 2, 2011 in the amount of $745,000. P281 Approval of Expert Witness Fees for Laurel Homes July 5, 2017 Page 12 Funding. Funding for this expenditure is not currently budgeted. A budget amendment from Optional Sales Tax/Cash Forward can fund the $121,964.30 needed from acct # 31521441- 066120-06021 — Optional Sales Tax/ROW/66th Avenue- 12th Street to SR 60. Recommendation. The County Attorney's Office recommends that the Board approve the Laurel Homes experts' costs and fees in the amount of $121,964.30. Attachment: Expert Witness Fees Table Copies to: Bill Doney, Esq. Mark Leavitt, Esq. P282 U 14 0 0 00 c Ci Ci 06 0 •d 00 o O O o 0 Ci � 0 0 o O 0 0 0 0 0 o orn O O Nt O M O� N ,--i .-.r � 609 Ne4 fiol� z U 14 0 0 00 c Ci Ci 06 •d kn � � 00 O O M 0 609z 0 0 0 0 (=)CN� 00 0 N Ile 0 rn 9bEn o O rh U ,•.,, ao� p., W� > P283 Dylan Reingold, County Attorney William K. DeBraal, Deputy County attorney Kate Pingolt Cotner,. Assistant County Attorney I � c County Attorney's Matters - B.C.C. 7.11.17 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney Y DATE: June 26, 2017 SUBJECT: Draft Medical Marijuana Ordinance BACKGROUND. In 2016, in anticipation of the vote on Amendment 2, the Indian River County Board of County Commissioners (the `Board") adopted regulations concerning medical marijuana treatment centers. These regulations were adopted in both Chapter 315 of the Indian River County Code of Ordinances and the Indian River County land development regulations. During the 2017 Special Session, the Florida Legislature adopted medical marijuana legislation. Such legislation preempted local governments from regulating the cultivation, processing and delivery of medical marijuana. The legislation did provide local governments with two options with respect to medical marijuana treatment center dispensaries ("Dispensaries"). Local governments are permitted to either ban Dispensaries or may allow Dispensaries, but have the location and permitting of Dispensaries in the same manner as that of a pharmacy. Per state law, if a local government allows Dispensaries, there are state mandated distance requirements from schools. Governor Scott signed the bill into law on Friday, June 23, 2017. On June 13, 2017, the Board indicated that it was interested in pursuing a ban on Dispensaries, but requested that the County Attorney's Office coordinate with the municipalities and the other counties within the Central Regional, in which Indian River is located. On June 20, 2017, the County Attorney's Office provided an update to the Board. The City of Sebastian indicated that it intends to allow Dispensaries. The City of Vero Beach intends to prohibit Dispensaries, however, grandfather in one already approved location. Town of Indian River Shores and the City of Fellsmere indicated they intend to prohibit Dispensaries. Based on the availability of Dispensaries in Indian River County, the Board directed the County Attorney's Office to draft language for a proposed ordinance banning Dispensaries in the unincorporated areas of Indian River County and present that language to the Board at the July 11lb Board meeting. F: W1M—y i"1G£N£RAL18CCUgadoAdo.,mW.dicd Mmlj•m. Dan Ordinoce.d.. P284 Board of County Commissioners June 26, 2017 Page Two Per the Board's direction, the County Attorney's Office has prepared the attached draft ordinance. The ordinance prohibits Dispensaries in the unincorporated areas of Indian River County. Additionally, the proposed language indicates that any language in the Indian River County Code of Ordinances contrary to such prohibition are repealed. Finally, the proposed language would remove references to medical marijuana in Chapter 315 of the Indian River County Code of Ordinances. Please be aware that there are regulations of medical marijuana still remaining in the County's land development regulations, which would be removed through the land development regulation amendment process. As the Board is considering adopting an ordinance prohibiting Dispensaries in the unincorporated areas of Indian River County, the Board may wish to formally invoke the pending ordinance doctrine in order to avoid applications from potential applicants seeking to circumvent the Board's prohibition. The pending ordinance doctrine is a judicially created principle that allows local governments to deny an application for a use, which even though in accordance with the existing code, violates the law that is pending when the application is made. Such action may be necessary in that there will be over a month between the approval of final language and the adoption of the final ordinance. FUNDING. The cost of publication of the required public notice for the public hearing will be approximately $150.00. This cost will be funded from the County Attorney's Office budget within the General Fund (account number 00110214-033190). RECOMMENDATION. The County Attorney's Office recommends that the Board review and make comments on the proposed ordinance language and authorize the County Attorney's Office to set a public hearing on such ordinance for the August 15, 2017 Board meeting. The County Attorney's Office also recommends that the Board authorize the Community Development Department to draft an ordinance amending the land development regulations to remove references to medical marijuana. Finally, the County Attorney's Office recommends the Board invoke the pending ordinance doctrine while the Board is considering the adoption of the proposed language prohibiting Dispensaries in the unincorporated areas of Indian River County. ATTACHMENT(S). Draft Medical Marijuana Ordinance FA4W",eNLMA.1GENLW1BCOr&n doc P285 ORDINANCE NO. 2017 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 306 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "MISCELLANEOUS OFFENSES AND PROGRAMS" TO CREATE SECTION 306.15 "MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES PROHIBITED" AND AMENDING CHAPTER 315 THE CODE OF INDIAN RIVER COUNTY ENTITLED "INDIAN RIVER C z PAIN MANAGEMENT CLINIC AND CONTROLLED SUBSTANCEANCE" TO ELIMINATE REGULATIONS AND PROHIBITIONS OF A CTIVITIES RELATING TO MEDICAL MARIJUANA; AND ,, VIDING `z SEVERABILITY, CODIFICATION AND AN EFFECTIVTE. WHEREAS, in 2011, the In( "Board") created Chapter 315 of th4' Pain Management Clinic and Contrc WHEREAS, in anticipation of medical conditions on:t1' e ,.. a proliferation of medi`i marijua''o WHEREAS, preempti River CM eof Indian " of County missioners (the `� ounty entitled "In ian River County O ce"; and use of marijuana for certain opted regulations to prevent , the Florida Legislature enacted a bill ;al marijuana; and VWEAS, locdV.WprnffiW are ally to either ban medical marijuana treatment .. . center d4 g facilities;` ,.,,low! . in the same manner as the local government would allow a pharm'°gulated ui r Cha' 465, Florida Statutes; and WHEREAS3 the City::' Sebastian will allow medical marijuana treatment center dispensing facilities a Ci . Vero Beach intends to grandfather in one medical marijuana treatment center dispen ility, the Board acknowledges that citizens of Indian River County have adequate acc s to such facilities and thus wishes to prohibit medical marijuana treatment center dispensing facilities in the unincorporated areas of Indian River County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. F. UtromeylLindolf3FNFRALVtrmlutlanr & OrdnrncnlOnMnu�orstPain C/uiciWAaolMmipanoRepta! andBan.Nxa1 P286 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 Findinas. The Board finds that the "Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the. Board. Section 3. Amendment of Chapter 306 (Miscellanedi&-offenses and Programs). Chapter 306 of the Code of Indian River County,,FJorida is h6f amended to read as follows (added language is underlined, and deleted lar, Uage noted by hrough): CHAPTER 306. MISCELLANEbS OFFENSES AND"GRAMS "&IiFff@11z--T[7i',F1'i' Chapter 'of the Co ndi * ver CouAViorida is hereby amended to read as follows (added lame is under and'�ted language noted by strikethrough): R 315.'' , N MANAGEMENT CLINICS; AND CONTROLLED SUBS CES AND MEDICAL MARljUANA Section. 315.02. D61initions. For the purposes of this chapter, the following terms shall have the following meanings: (1) Pain management clinic shall mean any publicly or privately owned facility: that advertises in any medium for any type of pain management services; or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic F. WnW..yVAd.4ENE UW,.,*1Wi & .2 P287 nonmalignant pain; belew, unless: a. The clinic is licensed as a facility pursuant to chapter 395, Florida Statutes; b. The majority of physicians who provide services in the clinic primarily provide surgical services; c. The clinic is owned by a publicly held corppration whose shares are traded on a national exchange or on the over;,t*'counter, market and whose total assets at the end of the corporatio"st recent fiscal quarter exceeded $50 million; d. The clinic is affiliated with U'�redited medii✓.`j school at which training is .,, g provided for medical stud6& residents or felloft >_. e. The clinic does,,,not prescr `p fense "' controlled ' ••'": 1•i substances for t* tment of pa'f f. The clinic is owned co.entipt from federal taxation under 26 U§pon 501( Any cliff; faciliteetingfinitionve shall be considered a pain managers ; inic,.11 cardless o' ,use of any other descriptive name, such as a x t��Jor ` " "de"t fication," "urgent care," etc. (2) App%i�/ai%i3all mems Code, applicable Florida law, including, without '14atio6`' les and regulations promulgated by the Florida ..`. >,�Departmen Heal ..'ti a Florida Board of Medicine, the Florida Board of Iteopathic`edicine, the Florida Board of Pharmacy, and applicable f Z al law. (3) Board ifi ffl 'bean the Indian River County Board of County Commissioners. (4) Controlled substance shall mean a controlled substance listed in Schedules II, III, or IV in section 893.03, Florida Statutes. (5) Chronic nonmalignant pain shall mean pain unrelated to cancer or rheumatoid arthritis which persists beyond the usual course of disease or the injury that is the cause of the pain or more than 90 days after surgery. F: UttomtylGiMa1G£NFR1LVierohrc/ane k O�•dlnOnan10id1nmKtslPeln CUMpINed'WA/oljuena Idepsal ondB�n.Jwcz3 P288 (6) Department shall mean the Indian River County Community Development Department. (7) Reserved. , Statutes. (8) Reserved. (9) Pharmacy shall mean any pKA by the Florida D� ft of and dispenses c 't 1C suN (10)Pain Clinic in whdlfi this ch or in participates, this chapter. rt, or o`p rat( ervises, been n for ` ON ori .,s,subject torisure or regulation Ser chapter 4 lorida Statutes, Indian River County. meany�Aperson or entity which owns, an ent.clinic; any person who ratioia pain management clinic; any sated as the responsible physician or pain management clinic, pursuant to Florida Statutes; and any person who in any activity regulated or prohibited by nsibl#Party shall mean any person or entity which owns, in or operates a pharmacy engaged in activity regulated or is chapter; any person who manages or supervises any toted or prohibited by this chapter; and any person who directly or indirectly, in any activity regulated or prohibited by (12)Qualified pain management clinic shall mean: a. A pain management clinic which is wholly owned and operated by one or more board-certified anesthesiologists, physiatrists, or neurologists; or F.UmrneyV.md�1GFNFRAI.VtmlWans � Ordxm.nsl0rdins�crslPnro CJinicsUfedml Alan/valw Rrped�mdBan.�cT P289 b. A pain management clinic which is wholly owned and operated by one or more board-certified medical specialists who have also completed fellowships in pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board-certified in pain medicine by a board approved by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes.... Except as otherwise provided, a pain management clinic shall be deemed to be a pain managelini '+;b[ all purposes set forth herein. Section 315.03. Prohibited Activiti Each of following activities shall be pro # d a hall constifiy;,a violation of this a: Code: (1) Operation of a pai ''; . a... ent cli�ithout a valid and current permit issued pursuant to s on >. 10 (2) Oton o' in man clingy i', ut a valid and current business 14 , tax jfoftation n ent clinic without a valid and current regiion p[ ant to s s458.3265 or 459.0137, Florida Statutes thn Florida , unless such clinic is exempt `<om registrn unde'such statute ; (4) Sal z permit application, any sworn statement, or any other infor uired by this chapter, which contains materially false (5) Operation of a pain management clinic in violation of a sworn statement submitted to pursuant to sections 315.04 or 315.05; (6) Operation of a pain management clinic or pharmacy in violation of applicable law; F -14t glLind %GFNFRAL1Rtmhti.-3 Otdinn 10rdinm APaln ChmmW*&mIMaPVW bRtpmI mdBw.da 5 P290 (7) Prescribing or dispensing of controlled substances a in violation of applicable law; (8) Activity within a pain management clinic with respect to a controlled substance in violation of the standards of practice set forth in section 456.44(3), Florida Statutes; (9) Operation of a pain management clinic in violation of the facility and physical operations requirements, the infection c!?o requirements, the health and safety requirements, the quality as10fi'ce requirements or the data collection and reporting requirementgy, ' orth in sections 458.3265(2)(f) -(j) and 459.0137(2)(f) -(j), Florida Status, pplicable; (10) Prescribing, administering,�orr,4ispensing a col' fed substance without a valid and current controlle:'i' ubstance registrati ': mber issued by the United States Department ofV) .. Enforcer ministration; D ; Enforcedministration; (11) Operation of a p`a#�pgement c or pharmacy in a manner which allows, permits ortoias..person tand, sit (including inside parked , cars), gather or loiter'rr ab�ti.,clinic ing area, for a period of time exc t<which i :'0: 'son J uire mve and depart the parking ar nd to '1� i and ,�; a re a and the clinic; �: (12) Contin ,Ieast,b.Qrpermitfft;use of a property or structure which is used amIrnc.pharmacy if a the landlord or property ow"' ows { hrougw. excise of reasonable care should know, that the cli r r haf' : y is beiri operated in violation of applicable law, and P g P PP (b) despife past` a of a reasonable period of time to do so, the landlord 6rprevent operty ier hailed or refused to take reasonable measures to stop th"ontinued illegal activity on the premises; or (13) Failur V . Mise the Department of any change in any information, statemeW facts or circumstances, as required by section 315.04(10). management GliRi but not limited to Medi ... a TFeatment. F.- %A AOId/nain:lLLdlnancrrlPNn GlnlMllydlm/Afmyvwra Reprnl and Bw�dur6 P291 Cultivation of 9XGept t a .,. . Statutes.381 -986, FIGFida Section 315.04. Permit Required for, **tion of Pain Management Clinic. (1) Permit Required. No pain agement clinic shaft[operate by any means in Indian River County withokalid� current plmanagement clinic permit issued by�epartmen (2) Application. Any ... ment : :.requesting issuance of a pain mana t clinic p it sh let6*ho submit to the Department a swof Qn, on rm ti i epartment, containing, at a .� h mlm, the wing i on: the naih s of thin management clinic; Thea aMftddress''5I ach owner of the pain management clinic (includi � the er is a business entity such as a corporation, limited liability cony, erre name and address of each officer, manager or anaging rrber, general partner or other comparable person authorized to law anage the affairs of the business entity), each person who wil a g or supervising the activities of the pain management clinic, and a rson who will be prescribing or administering controlled substanc , at the pain management clinic; c. The name and address of the person who has been designated as the responsible physician or osteopathic physician for the pain management clinic, pursuant to sections 458.3265(1)(c) or 459.0137(1)(c), Florida Statutes, if applicable; F.1Artom•1'U.inMKiENFRALIRrmh+buts&O.dlnmrarilOM(n in CYlnivU/edlco7MslJumwRsPTnl andBoi.das7 P292 d. The name and address of the person or entity which owns the real property upon which the pain management clinic will be operated; e. Proof that the applicant is currently registered as a pain management clinic with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes Center, pursuant to AFtiGle X, SeGfien 29 of the ReFida ; f. Proof that any person who will be bing or administering controlled substances at the pain manageme�has a valid and current controlled substance registration number, i bi States Department of Justice, Drug Enforcemer# 'dministrati including the controlled substance registration nu,R for each such g. A sworn statement certifying t�withi ten (10) prior to submittal of the applicatioyr, neither the' ,., agement clingy; -- nor any person identified pursu n '. sections or d above, has been found by any coun or munici a>a,missiouncil, or by any state or federal tiff... court, or by any statetiaX;fedeulatoy, to have acted with respect to c9.rigs�abstance ': ,r m :\ vio n of applicable law; and ., 4 h. A sw statehl'o t certify1 at the pain management clinic, and every other oic oyvor op e d by any person identified pursuant to ,gpctio'li� or d , vii uring the term of the permit, be operated in d'dI abliancWWith aDdi ' W. F: UrmmryV,.W%GffBWYPrroK*-,&" s1OrMnmreilPnin CJW-U&dOwIM.V—Aq..1andB—&-8 P293 (3) Abbreviated application for qualified pain management clinics that I� f4 s tt nratufe`s, aeresels�+ls, of eiRtm ntS`�raisfeF, tFrgrnr peFt, cel1T ,1, diStFibUte GF dispense pFeduGts t t G plies, OF In lieu of completing the application form described in subsection (2), a qualified pain management clinic that does Rot aGquire, possess, t PFod .uestin patients OF their nareniveMs req " < ` ��s..u_�_ ar:i:of a pain management clinic permit may complete and submit t.. department a sworn application, on a form provided by the department, c 'ing, at a minimuft:.the following information: a. The name and address of the pi,nanaent clinic, b. The name and ad of the owrf`'' : e pain manage4t clinic; c. The name and aall physi t, s, who will be prescribing controlled substances at the pa ent cli,'fi'?,;, d. Proof that the pain ma eme gc mee`ttdefinition of a "qualified pain mana ;manic" wpr coriiyt of written verification or con ion r the St a rida'fthe pain management clinic is exem m stat gistrati ursuant to [FS-1 H 458.3265(1)(a)2g or h or 459.013)? nd n sta thp pain management clinic, and every other clirii do rated person identified pursuant to subsections b or c aboll, the term of the permit, be operated in compliance with ,japplicable (4) Per plicatiorie. A permit application fee shall be paid by the applicant at the tim' ubm', f the application, including renewal. The amount of the fee shall be se " ution of the Board. The amount shall be sufficient to recover the County's roximate cost of reviewing and acting upon the application. (5) Denial of Application. The application for a pain management clinic permit shall be denied if any of the following facts are found to exist and are not cured within ten (10) days of written notice of such deficiency: a. The applicant fails to pay the required permit application fee; or F. bfaomq�LlndolGFJ,�LVterolrtlanr d OreemroeslO�A,uucealPaw CRnksN(edealMorQuana Repeal and �.�9 P294 b. The applicant fails to submit all information and statements required in subsection (2) or (3) above, or the applicant has submitted such information and statements but such information and statements are found to contain materially false information. (6) Issuance of Permit. The Department shall issue the permit within twenty (20) days of submittal of a fully complete application, if the applicant has submitted all information required in subsection (2) or (3) and none of the facts set forth in subsection (5) is found to exist. (7) Term of Permit. A pain management clip it shall remain in effect for a term of two (2) years. Thereafter, a perms 11 bject to renewal in the same manner that permits are issued in'' as set fo ubsections (2) through (6). (8) Appeal. If an application forids 'gor renewal of management clinic permit is denied, the applicant shaa th p t of a ;ppee et forth in section 100.06 of this Code. i ,denial sha idered a decis "of a department head for the purpose b .' sectio 106. An appeal fee shall be paid by the applicant at the tim appea a Board. The amount of the fee shall beset by resolution ie .:,the a t shall be sufficient to recover the Coun`Qcimate co'"of re nd g upon the appeal. (9) Revocatif Perms' A pain"I".. nagement clinic permit shall be subject to revocation afpcps, befor a Indian River County Code Enforcement >AMU, any c s '.1 Aftmt Akiction, in the event that: The info ation'kil 'I,, tatemen>fs submitted to obtain issuance or renewal of the permss ggtain i terially false information; b. 'Ve,.:permit 1"er, or any Pain Clinic Responsible Party, has engaged in acprohd by section 315.03; c. The perm It'holder, or any Pain Clinic Responsible Party, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances er- ar+j i in violation of applicable law; or d. The permit holder, although required to be registered, is no longer registered with the Florida Department of Health, pursuant to sections 458.3265 or F.MnamoAUr�&lC"&.4LVtes ""3Q+dln s%O,dwa s�P—CRrtlu,'W,.AaelAl.#—ReRnl-dHwduarl 0 P295 459.0137, Florida Statutes, OF registered as a MediGal MaFquaRa Treatment , or no longer holds a current business tax receipt for a pain management clinic, or the controlled substance registration issued by the United States Department of Justice, Drug Enforcement Administration to any person prescribing, administering or dispensing controlled substances at the pain management clinic has been suspended, revoked or denied renewal. (10) Emergency Suspension of Permit. Uppn:clear and convincing proof that one or more of the events set forth in subset#ion (9) have occurred, and upon a r... finding that continued operation of the 00,management clinic presents an immediate danger to the health, safely the residents of Indian River County, the Department shall be Oftorized irrifi' ediately to suspend the pain management clinic's permit. In�Y event, the permiFfayolder shall have the right of appeal as set forth in sectio' ,.", .06 of this Code. _. a suspension shall be considered a decision of a depart,6 '6nt header the purp8*,Of applying section yky t... 100.06. All aspects o appeal shi • edited. An appi lee shall be paid ,:. by the applicant at th #,f ling an7ral to the Board. The amount of the fee shall be set by res o e Boar b,The amount shall be sufficient to recover the County's app?OrnateX t; of review and acting upon the appeal. Any eme spensio ursu ti.. s sbb*section shall continue for a S period exce ix (6) rrijfilovic owever, that if revocation of the permit is ht, the de En fo[ Tient Board'or court of competent jurisdiction in which th '" c uest 1 nding may extend the suspension beyond nth s ` of revocation proceedings, if necessary to <?rotect alth;ty an of the residents of Indian River County. ( Change'lJinw forrrr' or Statements. The permit holder shall notify the meof arWchange in any information or statements submitted pursns (2) a. — hi. or (3)a. — d. above, or of any change in any facts oves such that any information or statements submitted pursuanttns (2) a. — hi. or (3)a. — d. are no longer completely true and accurate. ation shall be provided within thirty (30) days of the change. Section 5. 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. F. unwnry�tOrh,�GENER,IL�Reaohnms @ Orlireo�wrtChl'nmrsslPain CGW.U/edknl.lJorY—P peal md&m.d-11 P296 Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 7. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Indian River Press 2017, for a public hearing to be held on the day of for adoption by Commissioner Commissioner , and ado Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bry#� Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorn... The Chairman thereupon declared , 2017. gal on the day of , 17, at which time it was moved seconded by following vote: my pa'Wand adopted this OF COUNTY COMMISSIONERS RIVER COUNTY, FLORIDA "'`'-ffoseph E. Flescher, Chairman ATTEST: J' R. Smith, Wk of Approved as to form and legal sufficiency: and : ptroller By: Deputy Clerk "``'~''` Dylan Reingold, County Attorney day of EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2017. F.uem.,,.yvadoKiPA'fRALVPs»lurbns @ oan.�.s�a.n„�slPmn C7inkti�le�oal M.+Iuo�w ap.a! d,ea.nm� 12 P297 14-r- I July 11, 2017 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 11, 2017 SUBJECT: Alliance Bioenergy Post Process Yard Waste FROM: Tim Zorc Commissioner, District 3 Discussion Item: On February 7, 2017, the Board of County Commissioners exercised an option proposed by Alliance Bioenergy for post process yard waste. Alliance Bioenergy is continuing with obtaining the former INEOS site and requires a 90 -day extension. There is no fee or charge associated with the yard waste and the County will not guarantee the quality or quantity of the post process yard waste. Finally, the County will keep a percentage of the yard waste. I would like the Board to consider approving the continuation of the option. P298 OPTION AGREEMENT FOR PROCESSED VEGETATIVE WASTE BETWEEN INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT AND ALLIANCE BIOENERGY +, INC. THIS OPTION AGREEMENT FOR PROCESSED VEGETATIVE WASTE BETWEEN INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT AND ALLIANCE BIOENERGY +, INC. ("Option Agreement") is entered into as of this Uhday of February, 2017, by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida whose address is 1801 27th Street, Vero Beach, Florida, 32960 (the "County"), and Alliance Bioenergy +, Inc., 400 N. Congress Avenue, Suite 130, West Palm Beach, Florida, 33401 ("Alliance Bioenergy"): RECITALS WHEREAS, Alliance Bioenergy is pursuing obtaining the former INEOS New Planet Bioenergy, LLC property located at 925 74th Avenue SW, Vero Beach, Florida (the "Property"); and WHEREAS, if Alliance Bioenergy is able to obtain the Property, Alliance Bioenergy intends on utilizing a portion of the County's processed vegetative waste as part of its business operations; and WHEREAS, Alliance Bioenergy seeks to obtain an option on a portion of County's processed vegetative waste in order to facilitate obtaining the Property; and WHEREAS, Alliance Bioenergy has approximately 180 days to close on the Property; and WHEREAS, historically the County has paid a fee for the disposal of processed vegetative waste; and WHEREAS, Alliance Bioenergy has agreed to accept the County's processed vegetative waste at no charge to the County; NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Grant of Option. County does hereby grant to Alliance Bioenergy the exclusive right and option to a portion of County's processed vegetative waste (the "Option"). 3. Exercise of Option; Term; Expiration of Option. Alliance Bioenergy may exercise the Option at any time during the Option Term, by giving 90 calendar days' written notice to the County. The Option Term shall mean that period of time commencing on the date on Page 1 of 3 P299 which Alliance Bioenergy closes on the Property and terminates one year from that date. In no event, shall the Option Term extend more than 18 months from the date of execution of this Option Agreement. The Option shall immediately terminate if Alliance Bioenergy is unable to close on the Property, or within 180 days of the execution of this Option Agreement, whichever occurs first. 4. County Retainage of Processed Vegetative Waste. If Alliance Bioenergy exercises the Option, the County will have the right to retain up to 40,000 tons of processed vegetative waste per year. 5. Ouality and Ouantity of Processed Vegetative Waste. The County does not guarantee the quality or quantity of processed vegetative waste that will be provided to Alliance Bioenergy. 6. No Charge or Fee for Processed Vegetative Waste. Alliance Bioenergy will not charge the County any fee or charge for accepting or receiving County's processed vegetative waste. 7 Acts of God. In the event of a hurricane or other significant act of God, which impacts the amount of vegetative waste, the County shall retain the right to utilize other methods of disposal of processed vegetative waste. 8. Final Contract. Upon exercise of the Option, County and Alliance Bioenergy shall have 60 calendar days to enter into a contract for the processed vegetative waste on mutually agreeable terms, which shall include the terms and conditions contained within this Option Agreement. 9. Governing Law/Venue. This Option Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10. Notices. Any notice required hereunder shall be in writing and shall be delivered by personal delivery, courier, express or overnight mail, or certified mail, return receipt requested, addressed to the appropriate party as follows: If to County Jason Brown County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960 Page 2 of 3 P300 If to the Alliance Bioenergy Daniel De Liege 400 N. Congress Avenue Suite 130 West Palm Beach, FL, 33401 IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument this ytiday of February, 2017. INDIAN RIVER COUNTY, FLORIDA M. ph it. Flescher, Chairman oard of County Commissioners Date Approved: February 7.' oouK� ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller By:'ea'? X"CA L'�Iff Deputy C r Alliance Bioenergy +, Inc. By: Daniel De Liege CEO APPROVED AS TO FORM an Reingold, Esq. County Attorney Page 3 of 3 - - P301 Iq. C- I USDA Development lopment United States Department of Agriculture Rural Development JUN 3 0 2017 Emily Pace Arbor One Farm Credit Vice President, Credit 800 Woody Jones Blvd Florence, SC 29501 RE: INEOS New Planet BioEnergy Approval Offer for Purchase of Collateral Dear Mrs. Pace: Thank you for your update of June 26, 2017, concerning progress of the liquidation of this account. We are also in receipt of the offer for purchase of collateral. The Agency has reviewed all documents pertaining to the offer for purchase of collateral and Alliance Bio -Products, Inc. biding firm offer to purchase the asset. The Agency concluded that Alliance Bio -Products, Inc. $8,000,000 collateral purchase offer is acceptable and in the best interest of the government. Our decision is based on the information provided. It is the Lender's responsibility to ensure that governing regulations are met while concluding disposition of collateral. If you have any questions or for further assistance, please contact Ricardo Colvin at (202) 720-4930 or ricardo.colon@wdc.usda. gov. Sincerely, 11 _Q �Z� CHAD PARKER Branch Chief, Energy Division Acting Administrator Rural Business -Cooperative Service Committed to the future of rurat communities. "USDA Is an equal opportunity provider, employer and lender." To file a complaint of discrimination write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (866) 632-9992 (voice) or (800) 877-8339 (TDD). 3bl - I I � -f-, "2 - July 11, 2017 ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 11, 2017 SUBJECT: Utilities Amnesty Program and Adoption of Ordinance FROM: Tim Zorc Commissioner, District 3 Discussion Item: I would like to discuss consideration of a reinstatement of the Ordinance Establishing Amnesty Program for Certain Utility Delinquency Charges. The Amnesty Program was last considered and enacted on July 24, 2015 at a Public Hearing. P302 Dylan Reingold Counn- Attorney — �l'iliam K. De$raal, Depury Count}• Attorixv Kate Pingolt Cotner, Assistant Counrr Azrorner hiblie Hearings - B. CC 07.2-!.15 Oce of INDIAN RIVER COUNTY MEMORANDUM. TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney QA - DATE: July 10, 2015 ATTORNEY SUBJECT: Public Hearing and Adoption of Ordinance Establishing Amnesty Program for Certain Utility Delinquency Charges BACKGROUND. Under section 201.08(B) of the Code of sndian River County ("Code"), service availability charges are imposed on the owner of each water and sewer Eouivalent Residential Unit ("ERU") which is reserved .or future use. Thischarge is necessary to recover to the County the cost ofrepairing and maintaining tie. capacity in the water/sewer system which is reserved for the ERU. In the 2004-2006 timeframe, several property owners acquired ERUs for planned developments. However, with the economic slowdown that followed, many of these developments were not built — leaving the property owner with ongoing service availability charges for each ERU acquired. When property owners were unable or unwilling to pay these charges, delinquency charges of $2 and 1.5% interest were imposed monthly, pursuant to section 201.08(J)(4) of the Code. As a result, large amounts of service availability and delinquency charges are due with respect to several properties in Indian River County. APPROVED FOR JULY 24, 2015 B.C.C. MEETING – PUBLIC HEARINGS —� COUNTYATTORNEY INDIAN RIVER CO. PPROV D DATE Administration n" 1. /s, County Attorney Budget l IItilities Dept. to t Risk Management — - P303 Board of County Commissioners July 10, 2015 Page 2 of 2 On February 14, 2012, in an attempt to encourage payment of the accrued service availability charges, the Indian River County Board of County Commissioners (the "Board") adopted Ordinance 2012-001 which created an amnesty period from February 14, 2012 through March 31, 2012, during which delinquency charges would be waived if service availability charges were paid in full. Five accounts were paid in full during that period, with $134,950.13 collected and $98,432.33 of charges waived. After the amnesty program closed, staff and individual commissioners were approached by property owners who said that, for a variety of reasons related to the short duration of the program, they were not able to take advantage of it. Therefore, on April 2, 2013, the Board adopted Ordinance 2013-002, establishing another amnesty period from April 2, 2013 through August 31, 2013. During this second amnesty period, twelve accounts were paid in full, with $323,883.10 collected and $125,891.84 of charges waived. In total, the two amnesty periods resulted in seventeen accounts being paid in full, and $458,833.23 being collected and $224,324.17 in charges being waived. These programs were available only with respect to ERUs which were reserved for future use, but for which there had been no prior use or consumption. On July 7, 2015, the Board directed the County Attorney to draft an ordinance establishing a new amnesty program. The proposed amnesty period will be from July 24, 2015 through October 31, 2015. As with previous amnesty periods, the Utilities Department will notify owners of this new amnesty period. RECOMMENDATION. The County Attorney recommends that the Chairman open the public hearing, take comments from the public and then close the public hearing, and that the Board then adopt the attached proposed amnesty ordinance. A i 1 ACHMENT(S). Proposed Ordinance Establishing Amnesty Program for Certain Utility Delinquency Charges PW..-!.&IrWXUAWcC-AprkA4,-1V+dwi(An«pPrvyamu)W.A. 2 P304 ORDINANCE NO. 2015 - AN ORDIANANCE OF THE BOARD OF COUNTY COY11%✓ ISSIGNERS OF INDIAN RIVER COUNTY, FLOPiDA, AMENDING SFC—.'IOPl 2x1.08 (RATES AND CHA1eGES) OF CHAPTER 201 (COUNTY WATEIR AND SEWER SERVICES- Of THE CODE OF iirTiiIAN R! VER COUNTY; ESTABLISHING AN AMNESTY! PROGRAM RELATING T O DELINQUENCY CHARGES ON CERTAIN UTILITY SERVICE AVAILABILITY CHARGES; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, sections 201.08(B) and (C) of the Code of Indian River County (the "Code") requires that service availability charges be imposed on the owner of each water and sewer Equivalent Residential Unit ("ERU") which is reserved for future use ("Service Availability Charges"); and WHEREAS, section 201.08(J)(4) of the Code provides that the County shall charge delinquency charges on all outstanding balances, including outstanding balances of Service Availability Charges; and WHEREAS, there is currently a significant outstanding balance of Service Availability Charges upon which delinquency charges are accruing – namely, those which are based upon ERUs reserved for future use, but for which there has been no past or present use or consumption of water or sewer services ("Reserved ERU Service Availability Charges"); and W `EREAS, payment of Reserved ERU Service Availability Charges is important to the financial well-being of the County's water and sewer system, because such charges reimburse the County for its expense in maintaining the infrastructure built to provide capacity for reserved ERUs; and WHEREAS, the creation of an amnesty program which, for a limited period of time, waives delinquency charges upon the payment in full of outstanding Reserved ERU Service Availability Charges will serve the public interest by encouraging the payment of such charges, NOW, T11EREFOR3:, BE IT ORDAINED BY THE BOAR -13 OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TEAT. Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is not inconsistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. 3 P305 t" RT)?,NANCF NO. 2015 - Section 2. Findines. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Amendment of Section 2.01.080)(4) of the Code. Section 201.08(J)(4) 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 stfikeilifeugh): "(4) Delinquency charge. County shall charge an additional two dollars ($2.00) plus one and one-half (1 1/2) percent interest monthly (collectively "delinquency charges") on all outstanding balances including assessments, fees, charges, and other fees due (collectively "underlying charges") if payment is not made in full by each payment deadline date; provided, however, that the Utilities Director may waive some or all delinquency charges in connection with the reactivation of service of an existing account, where (i) payment in full of all underlying charges and delinquency charges would work a hardship to the customer, and such waiver is determined to be in the best interests of the County, and (ii) such waiver results in the immediate payment in full of all underlying charges and any delinquency charges which are not waived. With respect to service availability charges which (i) are based on the ownership of one or more ERUs which are reserved for future use but for which there has been no past or present use or consumption of services, and (ii) are unpaid as of Ap"' ' '^" July 24._2015. such delinquency charges shall be waived if the unpaid service availability charges are paid in full at any time between Vii—? 281.3 July 24, 2015 and August31, 291 October 31, 2015." Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. 4 P306 ORDINANCE NO. 2015 - Section 5. Effective Date. This ordinance shall become effective upon enactment 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 IP day of July, 2015, for a public hearing to be held on the 24'h day of July, 2015, at which time it was moved for adoption by Commissioner T. seconded by Commissioner , and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher _ Commissioner Peter D. O'Bryan _ Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this _ day of 92015. BOARD OF COUNITY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court And Comptroller Approved as to form and legal sufficiency: By: Deputy Cleric tylan Reingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of , 2015. 3 5 P307 o�1'ERc� INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT �LoR1oA BOARD MEMORANDUM is B.2 Date: June 28, 2017 To: Jason 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 to Geosyntec for Work Order No. 4 — One Year of Groundwater Monitoring/Reporting, Implementation of the Remedial Action Modification Plan and Related Consulting Services DESCRIPTIONS AND CONDITIONS: On March 1, 2016, the Solid Waste Disposal District (SWDD) Board approved CCNA-2014-Work Order No. 4 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $88,674. This is in accordance with requirements by the Florida Department of Environmental Protection (FDEP) for groundwater monitoring and reporting for an additional one-year period, Remedial Action Plan Modification (RAPM) Addendum implementation, and annual pollution remediation liabilities evaluation for the former Gifford Road Landfill site. On September 20, 2016, the SWDD Board approved Amendment No. 1 to Work Order No. 4 in the amount of $29,980 to complete the pre-RAPM investigation and optimize the bioremediation design. On January 24, 2017, the SWDD Board approved Amendment No. 2 to Work Order No. 4 in the amount of of $53,448 to implement the RAPM bioremediation activities required by FDEP. The total authorization approved by the SWDD Board for Work Order No. 4 is $172,102.00 which includes amendments 1 and 2. ANALYSIS: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount, including the final invoice of $4,005.67. After final payment, the total amount paid to Geosyntec will be at the cost of $172,097.93, which is $4.07 under budget. Attached is Geosyntec's letter report describing in more details the services provided under this work order. FUNDING: Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one cent sales tax in addition to infrastructure. Description Account Number I Amount One Cent Sales Tax Fund — Infrastructure Needs 1 31521734-033490-03004 1 $4,005.67 RECOMMENDATION: SWDD staff recommends that its Board approve Geosyntec's final invoice amount of $4,005.67. ATTACH M ENT(s): 1. Geosyntec Project Completion Report & Final Invoice @BCL@EC053D11 Page 1 of 1 P308 Geosynte& consultants Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321.269.5880 FAX 321.269.5813 www.geosyntec.com 30 June 2017 Subject: Project Completion Report One Year of Groundwater Monitoring/Reporting and Related Consulting Services IRC Work Order No. 4, Amendments 1 and 2 South Gifford Road Landfill, Vero Beach, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FR0766L — One Year of Groundwater Monitoring and Reporting and related activities — for the South Gifford Road Landfill site. This project was completed under Work Order No. 4, authorized on 1 June 2016, pursuant to the Continuing Contract Agreement for Professional Services between Indian River County (IRC), Solid Waste Disposal District (SWDD) and Geosyntec, dated 15 November 2011. Amendment No. 1 was approved by IRC on 20 September 2016 and Amendment No. 2 was approved by IRC on 24 January 2017. This report has been prepared as a supplement to our final Invoice Number 273321589, dated 22 June 2017, which was submitted to SWDD on 27 June 2017 and is attached herein. SCOPE OF WORK The scope of work initially authorized under Work Order No. 4 addressed the FDEP-required semi- annual groundwater monitoring and reporting for one year (two sampling and reporting events) and related consulting services. The project was executed under the following phases: (i) Project Management; (ii) Meetings/Regulatory Interaction; (iii) RAP Modification Addendum 3 (RAPM3) preparation; (iv) Annual Pollution Remediation Liabilities Evaluation; (v) Field Activities; (vi) Reporting; (vii) RAPM Sampling; and (viii) Injection Activities. Below is a phase by phase summary of the work that Geosyntec performed under this work authorization. Phase 1— Proiect Management Under this phase, Geosyntec performed project planning and management responsibilities, such as correspondences and meetings with IRC SWDD and FDEP, invoice review and completion, project coordination, and project administration. PR17023 Proiect Completion WO No 4_FRO766L engineers I scientists I innovators P309 Mr. Himanshu Mehta 30 June 2017 Page 2 Phase 2 — Meetings/Reeulatory Interaction Under this phase, Geosyntec prepared a presentation for and participated in a teleconference with IRC SWDD and FDEP in January 2017 to provide an update on the schedule for RAPM activities, discuss potential changes to the monitoring plan for the Site, and provide a Brownfields project update. Geosyntec completed a statistical data analysis and monitoring plan optimization evaluation and presented the results to FDEP during the January 2017 teleconference. The optimization results and recommendation to decrease monitoring frequency of 21 wells from semi-annual to annual monitoring were included in the Fall/Winter Semi -Annual Groundwater Monitoring Report. Phase 3 — RAPM3 Preparation Under this phase, Geosyntec prepared RAPM3 for submittal to FDEP, which outlined the approach for a focused injection of electron donor to address volatile organic compound (VOC) groundwater impacts in the vicinity of GR-MW30B. FDEP approved RAPM3 in July 2016 with no comments. Phase 4 - Annual Pollution Remediation Liabilities Evaluation Under this phase, Geosyntec prepared the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The report included the evaluation of two sites, South Gifford Road Closed Landfill (4701 41" Street) and Old Administration Building (1840 25th Street). Phase 5 — Field Activities Under this phase, Geosyntec conducted field preparation and groundwater sampling activities for two semi-annual groundwater monitoring events in June and December 2016. Throughout the two sampling events, a total of 77 groundwater samples were collected under this work authorization. Phase 6 — Reporting Under this phase, Geosyntec prepared the semi-annual reports for the June and December 2016 events. As part of the report preparation, Geosyntec completed database management, data evaluation, trend evaluation, table preparation, and GIS figure preparation. Each report was submitted to IRC SWDD for review and comment prior to submittal to FDEP. In addition, Geosyntec completed a sampling frequency evaluation and optimization analysis that was not in the original budget request but was completed within the authorized project budget. Based on the results of this evaluation, 21 monitoring wells that were being sampled semi-annually for VOCs PR17023_Project Completion WO No 4_FRO766L engineers I scientists I innovators P310 Mr. Himanshu Mehta 30 June 2017 Page 3 were recommended for annual sampling. FDEP approved decrease in sampling frequency for 20 of these monitoring wells, which will result in future sampling cost savings for the County. Phase 7 — RAPM Sampling Under this phase, Geosyntec completed RAPM-related field activities, including injection well development, injection well sampling, and direct -push groundwater sampling, in June and July 2016. Based on the results, Geosyntec then prepared a RAPM3 implementation plan, which defined a refined injection area, provided dosing calculations for the focused injection activities, and outlined the performance and underground injection control monitoring plan. Phase 8 — Infection Activities Under this phase, Geosyntec implemented RAPM activities in April 2017, including installation of a performance monitoring well, set up and breakdown for the injection event, and injection activities. In addition, performance and UIC monitoring were completed during the June 2017 sampling event. BUDGET The approved budget for Work Order No. 4 was $172,102. The total invoiced amount, including the final invoice, is $172,097.93. Therefore, Geosyntec completed this project within the approved budget. Geosyntec is pleased to note that we were able to complete a sampling frequency evaluation and optimization analysis under this work order that was not originally included in the scope. Based on the results, we were successful in decreasing future project costs by attaining FDEP approval for the recommendation to decrease sampling frequency for 20 monitoring wells from twice per year to once per year. PR17023_Project Completion WO No 4_FRO766L engineers I scientists I innovators P311 Mr. Himanshu Mehta 30 June 2017 Page 4 CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at 850.483.5100. Sincerely, �y Crystal Towns Hydrogeologist Jill W. Johnson, P.G. Senior Hydrogeologist PR17023_Project Completion WO No 4_FRO766L engineers I scientists I innovators P312 Mr. Himanshu Mehta 30 June 2017 Page 5 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766L South Gifford Road Landfill Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FR0766L (IRC Work Order No. 4) 27160164 04/14/2016 $2,637.97 27160196 05/09/2016 $4,654.57 27160269 07/08/2016 (REV) $4,369.26 27160325 07/21/2016 $16,101.18 27160391 08/24/2016 $26,494.19 27160435 09/23/2016 $19,436.95 27160449 10/06/2016 $2,920.79 27160533 11/22/2016 $2,297.93 27160540 12/12/2016 $3,327.93 27318339 01/24/2017 $15,716.76 27319684 02/21/2017 $9,473.04 27321595 03/28/2017 $8,581.56 27328639 04/14/2017 $4,547.45 27330615 05/18/2017 $47,532.68 273321589 06/22/2017 $4,005.67 TOTAL $172,097.93 PR17023_Project Completion WO No 4 FRO766L engineers I scientists I innovators P313 Geosyntec"' consultants Mr. Himanshu Mehta Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue Southwest Vero Beach, Florida 32968 Subject: Project Management Report and Transmittal of Invoice South Gifford Road Landfill Dear Mr. Mehta: 316 South Baylen Street, Suite 201 Pensacola, Florida 32502 PH 850.477.6547 FAX 850.477.6707 www.geosyntec.com 27 June 2017 Geosyntec Consultants (Geosyntec) prepared this project management report to address the Plume Groundwater Monitoring project being conducted by Geosyntec on behalf of Indian River County (IRC) Solid Waste Disposal District (SWDD) at the South Gifford Road Landfill site. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; and (iv) recommended actions for the site. The enclosed invoice reflects labor and expenses in May 2017 for work being performed at the South Gifford Road Landfill. Table 1 provides invoicing details for the project. Work Order No. 4 was approved by IRC on 1 March 2016 and the budget for the project was developed using labor rates that were approved by IRC for use in 2016. Amendment No. 1 was approved by IRC on 20 September 2016 and Amendment No. 2 was approved by IRC on 24 January 2017. PROJECT MANAGEMENT SUMMARY Geosyntec's Proiect No. FR0766L: One Year of Groundwater Monitoring/Reporting and Related Consulting Services (IRC Work Order No. 4, Amendment Nos. 1 and 2) Budget Overview Invoice No. 273321589 dated 22 June 2017 for $4,005.67, Project No. FR0766L is enclosed. Listed below is a summary of the budget, including invoiced amount, and remaining budget. Geosyntec is within the budget appropriated for this project. Approved Budget: $ 172,102.00 Invoiced Amount to -date: $ 172,097.93 Remaining Budget: $ 4.07 FR0766L/PR17020 engineers I scientists I innovators P314 Mr. Himanshu Mehta 27 June 2017 Page 2 Work Completed to Date The summer 2016 semi-annual groundwater sampling event was completed in June 2016. The Remedial Action Plan Modification Addendum No. 3 (RAPM) was approved by FDEP on 15 July 2016. RAPM-related field activities, including injection well development and sampling and DPT groundwater sampling, were conducted in June and July 2016. The Summer 2016 Semi -Annual Groundwater Monitoring Report was submitted to FDEP on 30 August 2016. The annual IRC Pollution Remediation Liabilities Evaluation was submitted to IRC on 28 October 2016. The fall/winter semi-annual groundwater sampling event was completed in December 2016. A project update meeting was held via conference call with FDEP, IRC, and Geosyntec on 23 January 2017 to provide an update on the schedule for RAPM activities, discuss potential changes to the monitoring plan for the Site, and provide a Brownfields project update. Geosyntec completed a statistical data analysis and monitoring plan optimization evaluation and presented the results to FDEP during the 23 January 2017 meeting. The Fall/Winter Semi -Annual Groundwater Monitoring Report, including the optimization results and recommendation to decrease monitoring frequency of 21 wells from semi-annual to annual monitoring, was submitted to FDEP on 28 March 2017. The budget request for RAPM implementation activities was approved at the 24 January 2017 Board of County Commissioners (BCC) meeting. RAPM activities were implemented the week of 10 April 2017 and included installation of a performance monitoring well, set up and breakdown for the injection event, and injection activities. Work Reflected on Enclosed Invoice Labor reflected on the enclosed invoice as professional services ($3,889.00) is attributed to project management and administration, and finalization of the RAPM field activities and associated field forms, and associated data management. The remainder of the invoice is associated with a communications fee per the contract. Recommended Actions None. FR0766L/PR 17020 engineers I scientists I innovators P315 Mr. Himanshu Mehta 27 June 2017 Page 3 CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at (850) 483-5100. Sincerely, Wk JU W. Johnson, P.G. Senior Hydrogeologist Enclosure FR0766L/PR 17020 engineers I scientists I innovators P316 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766L South Gifford Road Landfill Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FR0766L (IRC Work Order No. 4) 27160164 04/14/2016 $2,637.97 27160196 05/09/2016 $4,654.57 27160269 07/08/2016 (REV) $4,369.26 27160325 07/21/2016 $16,101.18 27160391 08/24/2016 $26,494.19 27160435 09/23/2016 $19,436.95 27160449 10/06/2016 $2,920.79 27160533 11/22/2016 $2,297.93 27160540 12/12/2016 $3,327.93 27318339 01/24/2017 $15,716.76 27319684 02/21/2017 $9,473.04 27321595 03/28/2017 $8,581.56 27328639 04/14/2017 $4,547.45 27330615 05/18/2017 $47,532.68 273321589 06/22/2017 $4,005.67 TOTAL $172,097.93 FR0766UPR 17020 engineers I scientists I innovators P317 GeosyntecO consultants INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA, P.E. PLEASE REMIT PAYMENT TO: Geosyntec Consultants 900 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487-2775 USA Tel (561) 995-0900 Fax (561) 995-0925 Invoice #: 273321589 Invoice Date: 6/22/2017 Project: FR0766L Project Name: R2016 GIFFORD LF For Professional Services Rendered through transaction date: 5/31/2017 If you have questions about this invoice, please contact Crystal Towns at (850) 483-5102. WORK ORDER NUMBER 4 DATED MARCH 1, 2016 Statement Professional Services $3,889.00 3.0% Communication Fee $116.67 Current Invoice $4,005.67 **Amount Due This Invoice ** $4,005.67 Prior Billings $168,092.26 Project Budget $172,102.00 Current Invoice $4,005.67 Expended to Date $172,097.93 Billed To Date $172,097.93 Contract Balance $4.07 Paid To Date $168,092.26 'Amount Due This Invoice ** $4,005.67 P318 Project: FR0766L -- R2016 GIFFORD LF Invoice #:273321689 Phase: 01) PM Class / Employee Name Hours Rate Amount SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 1.50 116.00 174.00 SENIOR PROFESSIONAL JOHNSON, JILL 7.50 184.00 1,380.00 Total Phase: 01) PM Phase Labor 1,554.00 3.0% Communication Fee 46.62 Phase: 02) MTGS/REGULATORY Class / Employee Name Hours Rate Amount PROJECT ADMINISTRATOR EDWARDS, CYNTHIA 2.50 92.00 230.00 SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 6.00 116.00 696.00 Total Phase: 02) MTGS/REGULATORY Phase Labor 926.00 3.0% Communication Fee 27.78 Phase: 07) RAPM SAMPLING Class/ Employee Name Hours Rate Amount SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 2.75 116.00 319.00 Total Phase: 07) RAPM SAMPLING Phase Labor 319.00 3.0% Communication Fee 9.57 Phase: 08) INJECTION ACTIVITIES Class/ Employee Name Hours Rate Amount PROJECT ADMINISTRATOR EDWARDS, CYNTHIA SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL CRUM, JAKE Total Phase: 08) INJECTION ACTIVITIES 0.50 92.00 3.00 116.00 6.00 116.00 Phase Labor 3.0% Communication Fee Total Project Labor 3.0% Communication Fee Total Project: FR0766L -- R2016 GIFFORD LF 46.00 348.00 696.00 1,090.00 32.70 3,889.00 116.67 4,005.67 INCPMGEOPH Page 2 P319 Geosytiteccl' consultants Mr. Himanshu Mehta Received by SWDD JUS! 2 8 2017 Indian RhW County LandMI Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue Southwest Vero Beach, Florida 32968 Subject: Project Management Report and Transmittal of Invoice South Gifford Road Landfill Dear Mr. Mehta: 316 South Baylen Street, Suite 201 Pensacola, Florida 32502 PH 850.477.6547 FAX 850.477.6707 www.geosyntec.com 27 June 2017 Geosyntec Consultants (Geosyntee) prepared this project management report to address the Plume Groundwater Monitoring project being conducted by Geosyntec on behalf of Indian River County (IRC) Solid Waste Disposal District (SWDD) at the South Gifford Road Landfill site. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; and (iv) recommended actions for the site. The enclosed invoice reflects labor and expenses in May 2017 for work being performed at the South Gifford Road Landfill. Table 1 provides invoicing details for the project. Work Order No. 4 was approved by IRC on 1 March 2016 and the budget for the project was developed using labor rates that were approved by IRC for use in 2016. Amendment No. 1 was approved by IRC on 20 September 2016 and Amendment No. 2 was approved by IRC on 24 January 2017. PROJECT MANAGEMENT SUMMARY Geosvetec's Project No. FR0766L: One Year of Groundwater Monitoring/Reporting and Related Consulting Services (IRC Work Order No. 4, Amendment Nos.1 and 2) Budget Overview Invoice No. 273321589 dated 22 June 2017 for $4,005.67, Project No. FR0766L is enclosed. Listed below is a summary of the budget, including invoiced amount, and remaining budget. Geosyntec is within the budget appropriated for this project. Approved Budget: $ 172,102.00 Invoiced Amount to -date:$ 172.097.93 Remaining Budget: $ 4.07 FR0766UPR17020 engineers I scientists I innovators P320 Mr. Himanshu Mehta 27 June 2017 Page 2 Work Completed to Date The summer 2016 semi-annual groundwater sampling event was completed in June 2016. The Remedial Action Plan Modification Addendum No. 3 (RAPM) was approved by FDEP on 15 July 2016. RAPM-related field activities, including injection well development and sampling and DPT groundwater sampling, were conducted in June and July 2016. The Summer 2016 Semi -Annual Groundwater Monitoring Report was submitted to FDEP on 30 August 2016. The annual IRC Pollution Remediation Liabilities Evaluation was submitted to IRC on 28 October 2016. The fall/winter semi-annual groundwater sampling event was completed in December 2016. A project update meeting was held via conference call with FDEP, IRC, and Geosyntec on 23 January 2017 to provide an update on the schedule for RAPM activities, discuss potential changes to the monitoring plan for the Site, and provide a Brownfields project update. Geosyntec completed a statistical data analysis and monitoring plan optimization evaluation and presented the results to FDEP during the 23 January 2017 meeting. The Fall/Winter Semi -Annual Groundwater Monitoring Report, including the optimization results and recommendation to decrease monitoring frequency of 21 wells from semi-annual to annual monitoring, was submitted to FDEP on 28 March 2017. The budget request for RAPM implementation activities was approved at the 24 January 2017 Board of County Commissioners (BCC) meeting. RAPM activities were implemented the week of 10 April 2017 and included installation of a performance monitoring well, set up and breakdown for the injection event, and injection activities. Work Reflected on Enclosed Invoice Labor reflected on the enclosed invoice as professional services ($3,889.00) is attributed to project management and administration, and finalization of the RAPM field activities and associated field forms, and associated data management. The remainder of the invoice is associated with a communications fee per the contract. Recommended Actions None. FR0766LJPRI7020 engineers I scientists I innovators P321 Mr. Himanshu Mehta 27 June 2017 Page 3 CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at (850) 483-5100. Sincerely, w J W. Johnson, ?.G. Senior Hydrogeologist Enclosure FR0766L/PRI7020 engineers I scientists I innovators P322 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766L South Gifford Road Landfill Geosyntec Project NumberARC Work Authorization Number Invoice No. Invoice Date Amount FRO766L (IRC Work Order No. 4) 27160164 04/14/2016 52,637.97 271601% 05/09/2016 $4,654.57 27160269 07/08/2016 (REV) $4,369.26 27160325 07/21/2016 $16,101.18 27160391 08/24/2016 $26,494.19 27160435 09/23/2016 $19,436.95 27160449 10/06/2016 $2,920.79 27160533 11/22/2016 52,297.93 27160540 12/12/2016 53,327.93 27318339 01/24/2017 515.716.76 27319684 02/21/2017 $9,473.04 27321595 0328/2017 $8,581.56 27328639 04/142017 $4,547.45 27330615 05/182017 547,532.68 273321589 06222017 $4,005.67 TOTAL 5172,09793 FR0766LJPR17020 engineers I scientists I innovators P323 Geosyntec� consultants INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA, P.E. PLEASE RENT PAYMENT TO: Geosyntw Consultants 900 Broken Sound Park ay NW. Suite 200 Boca Raton, Florida 334t17-2775 USA Tel (561) 995-0900 Fax (561) 995-0925 Invoice #: 273321589 Invoice Date: 6/22/2017 Project: FRO766L Project Name: R2016 GIFFORD LF For Professional Services Rendered through transaction date: 5/31/2017 If you have questions about this invoice, please contact Crystal Towns at (850) 483-5102. WORK ORDER NUMBER 4 DATED MARCH 1, 2016 Professional Services 3.0% Communication Fee Current Invoice **Amount Due This Invoice ' $3,889.00 $116.67 ------------------ $4,005.67 $4,005.67 Statement Prior Billings $168,092.26 Project Budget $172,102.00 Current Invoice $4,005.67 Expended to Date $172,097.93 Billed To Date $172,097.93 Contract Balance $4.07 Paid To Date $168,092.26 *"Amount Due This Invoice ** $4,005.67 P324 Project: FRO766L — R2016 GIFFORD LF Invoice #:273321689 Phase: 01) PM Class/Employee Name Hours Rate Amount SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 1.50 116.00 174.00 ' SENIOR PROFESSIONAL JOHNSON, JILL 7.50 184.001 1,380.00 Total Phase: 01) PM Phase Labor 1,564.00 3.0% Communication Fee 46.62 Phase: 02) MTGS/REGULATORY Class /Employee Name Hours Rate Amount PROJECT ADMINISTRATOR EDWARDS, CYNTHIA 2.50 92.00 230.00 SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 6.00 116.00 /' 696.00 -� Total Phase: 02) MTGS/REGULATORY Phase Labor 926.00 3.0% Communication Fee 27.78 Phase: 07) RAPM SAMPLING Class/Employee Name Hours Rate Amount SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 2.75 116.00 / 319.00 Total Phase: 07) RAPM SAMPLING Phase Labor 319.00 3.0% Communication Fee 9.57 Phase: 08) INJECTION ACTIVITIES Class/Employee Name Hours Rate Amount PROJECT ADMINISTRATOR EDWARDS, CYNTHIA 0.50 92.00 46.00 SENIOR STAFF PROFESSIONAL TOWNS, CRYSTAL 3.00 116.00/ 34800 f CRUM, JAKE 6.00 116.00/ 696-00/ Total Phase: 08) INJECTION ACTIVITIES Phase Labor 1,090.00 3.0% Communication Fee 32.70 Total Project Labor 3,889.00 3.0% Communication Fee 116.67' Total Project: FR0766L — R2016 GIFFORD LF 4,006.671 INCPMGEOPH - Page 2 P325 Geosyntec Consultants 2016 Bill Rates Labor Classification Bill Rate Clerical $56 Project Administrator/Administrative Assistant $92 Technical Word Processor $94 Drafter/CADD Operator/Artist $82 Senior Drafter/Senior CADD Operatqr $133 Designer $135 Engineering Technician $65 Senior Engineering Technician $83 Field Manager $98 Site Manager $112 Field Superintendent $116 Staff Professional $99 Senior Staff Professional $116 Professional $132- 132Project ProjectProfessional $151 ' Senior Professional $184 Principal/Associate $209 Senior Principal $221 General Direct Expenses IAt Cost Subcontract Services Cost Plus 7% Communications Fee 3% of Professional Fees Specialized Computer Applications $15 per hour Photocopies $0.12 per page Effective 1 January 2015 and each year thereafter the bill rates stated above will be adjusted based on the prior twelve month Consumer Price Index for all south urban consumers. IRC 2016 Rates P326 INDIAN RIVER COUNTY 0 SOLID WASTE DISPOSAL DISTRICT x �� �toRtoA BOARD MEMORANDUM Date: June 28, 2017 To: Jason 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 to INEOS New Planet BioEnergy, LLC for Yard Waste Processing Services through March 31, 2017 DESCRIPTIONS AND CONDITIONS: 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) to supply vegetative waste for the production of bioethanol 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 with INPB, which provided for a transition of vegetative waste from the Indian River BioEnergy Center to SWDD's vegetative processing area from January 2, 2017 through March 31, 2017. On March 7, 2017, the SWDD Board approved the award of bid for yard waste processing and disposal services to Mr. Mulch, Inc. to provide services on SWDD's vegetative processing area beginning April 1, 2017. Overall, the transition from the INPB facility to SWDD's facility was smooth, and staff and INEOS have been mutually working on officially terminating the existing FSA and the accompanying Landfill Gas Agreement (LFGA). Staff has also been coordinating with Arbor One, ACA (Arbor One), who is the bank that provided the bond guaranteed in part by the U.S. Department of Agriculture to INPB for their project. In order to avoid further delay, staff is requesting approval of the final payment to INPB for services through March 31, 2017. ANALYSIS: INPB has satisfactorily provided services through March 31, 2017, and submitted a total final invoice of $38,293.56. This invoiced amount includes a credit of $13,500 for the sale of landfill gas credits via Blue Source. @BCL@34056C42 Page 1 of 2 P327 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. Description I Account Number Amount SWDD Recycling Fund - Other Professional Services I 41125534-033190 $38,293.56 RECOMMENDATION: SWDD staff recommends that its Board approve INPB's final invoice amount of $38,293.56. ATTACHMENT(s): 1. INPB Final Invoice @BCL@34056C42 Page 2 of 2 P328 INEOS New Planet BioEnergy LLC Indian River County Solid Waste Disposal District 1325 741' Avenue, SW Vero Beach, FL 32968-9755 AM.: Mr. Himanshu Mehta June 22, 2017 Dear Mr. Mehta, Michelaire Medor Business Process Design Analyst Tel: 281-535-4421 Email: michelaim.medor@ineos.com Received by SWDD JUN 22 2017 Indian River County L-artdfill Enclosed for payment is our revised invoice number 1800000221 for March 2017. The total amount due is $38,293.56. Blue Source payment was received and applied. Remit Electronic Payment to: INEOS New Planet BioEnergy LLC Barclays Bank PLC NY 1301 Sixth Ave New York, NY 10166 SWIFT Code BARCUS33 Account# 050-703498 ABA# 026002574 INEOS New Planet BioEnergy LLC GLOBAL PAYMENTS TEAM 1301 SIXTH AVENUE 8th FLOOR ATTN.: ENZA LUPO NEW YORK, NY 10019 Please feel free to contact me with any questions regarding this invoice. Sincerely, r' i Michelaire Medor P329 INEOS New Planet Bio -Energy, LLC Date: 6/22/2017 Invoice Il: 1800000221 281-53S-4421 Term: Net 30 Account No.: 10000979 INVOICE March 2017 Indian River County Solid Waste Disposal District 1325 74th Avenue, SW Vero Sesch, FL 32968-9755 FEEDSTOCK FOR ETHANOL & ELECTRICITY: Tons Fee Total Total Acceptable Waste by SWDD to INPB 5,5 9.20 $9.30 $51,793.56 ALTERNATIVE USES FOR FEEDSTOCK: Landfill Cover Material to Republic (a) Recycled Mulch - SWDD Other Uses (Golf Course, Eprex Marsh, etc.) hl Total SWDD Alternative Uses Tons 0.00 Total Acceptable Waste to INPB for Supplementary Processing - $5.18 - UNACCEPTABLE WASTE: Ash Residue for Cover Material (Up to 20,000) In) Ash Residue for Disposal Other Materials by INPB for Disposal (Up to 10,000) IN Other Materials by INPB for Disposal (> 10,000) C ($5.18) ($19.51) ($19.51) ($32.50) $ - $ $ $ LANDFILL GAS: Landfill Gas Supplied to INPB MMSTU ($0.72) $ - TIPPING FEES: Tipping Fees Collected by INPB on behalf of SWDD ($) - ($1.00)1$ ADJUSTMENTS: Blue Source Payment 13,500.00j $ (13,500.00) TOTAL = $38,293.56 P330 15,�'q INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT 1. �5 '�toRior BOARD MEMORANDUM Date: June 23, 2017 To: Jason 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 to Geosyntec for CCNA-2014-Work Order No. 5 - 2016 Title V Air Operation Permit Renewal DESCRIPTIONS AND CONDITIONS: On October 18, 2016, the Solid Waste Disposal District (SWDD) Board approved CCNA-2014-Work Order No. 5 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $64,107.00 pursuant to an extension and amendment of the Continuing Contract Agreement for Professional Services between SWDD and Geosynetec dated November 4, 2014. The scope of work was divided into four phases: (i) general consulting/meeting support/project management; (ii) Tier 2 testing and reporting; (iii) Title V Air Air Operation Permit Renewal Application; and (iv) response to regulatory comments. ANALYSIS: A final Title V Air Operation Permit Renwal was issued on June 1, 2017, by the Florida Department of Environmental Protection (FDEP). Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount, including the final invoice of $685.47. After final payment, the total amount paid to Geosyntec will be at the cost of $64,091.47, which is $15.53 under budget. Attached is Geosyntec's report describing in more details the services provided under this work order. FUNDING: Funding for the Title V Air Operations Permit Renewal Application services is available in the Engineering Services account in the SWDD Landfill Fund account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $561,000 for the 2016/2017 fiscal year. Description Account Number Amount 2016 Title V Air Operations Permit Renewal Application 1 41121734-033130 $685.47 RECOMMENDATION: SWDD staff recommends that its Board approve Geosyntec's final invoice amount of $685.47. ATTACH MENT(s): Geosyntec Project Completion Report & Final Invoice @BCL@1806E17A No. 2 Page 1 of 1 P331 Geosyntec° consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 ReCeived bystivoo JUN 2 1 2017 Indian RAAi__nrr CourAy �.anclim 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 FAX 904.396.1143 www.geosyntec.com 21 June 2017 Subject: Project Management Completion Report and Transmittal of Invoice No. 124321504 IRC — 2016 Title V Air Operation Permit Renewal Application IRC Work Authorization No. CCNA-2014-Work Order No. 5 Indian River County Landfill Facility, Vero Beach, Florida Dear Mr. Mehta: INTRODUCTION Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FL2914 - 2016 Title V Air Operation Permit Renewal Application for the Indian River County Landfill Facility. This project was completed under Work Order No. CCNA-2014-Work Order No. 5 authorized on October 18, 2016, 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 as of this 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 Geosyntec ("Consultant"). This report has been prepared as a supplement to our final invoice No. 124321504, dated 21 June 2017. SCOPE OF WORK The scope of work authorized under Work Order No. CCNA-2014-Work Order No. 5 was divided into four phases: (i) general consulting/meeting support/project management; (ii) Tier 2 testing and reporting; (iii) Title V Air Operation Permit Renewal Application; and (iv) response to regulatory comments. The following is a phase by phase summary of the work that Geosyntec performed under this Work Order. FL2914-01/JL 17017A.doc onginccrs I scientists I innovators P332 Mr. Himanshu H. Mehta, P.E. 21 June 2017 Page 2 Phase 1— General Consulting/Meeting Support/Proiect Management Under this phase, Geosyntec performed project planning and management responsibilities, such as meetings and correspondences with SWDD, Republic, and FDEP Division of Air Resources Management (FDEP-DARM); invoice review and preparation; project coordination; and project administration. Phase 2 — Tier 2 Testing and Reporting Under this phase, Geosyntec developed a test plan, directed the field sampling and laboratory analysis, and performed data evaluation and reporting to estimate the concentration of non - methane organic compounds (NMOC) in landfill gas generated by the IRC Class I landfill. Landfill gas sampling was performed on October 20 and 21, 2016 by the TRC, Air Measurement Group, Gainesville, Florida, under subcontract to Geosyntec. The sampling event was monitored by representatives of SWDD and Geosyntec to verify compliance with FDEP rules. The samples were subsequently analyzed by TRC laboratory and the analyses results were used by Geosyntec to calculate the annual uncontrolled emission of NMOC (see Phase 3 below). Phase 3 — Title V Air Operation Permit Renewal Application Under this phase, Geosyntec completed an application for a 5 -year renewal of Title V Air Operation permit for the Indian River County (IRC) landfill in accordance with Section 62- 210.900 of Florida Administrative Code (F.A.C). The application provided an estimate for the uncontrolled emission of non -methane organic compound (NMOC) for the calendar year 2016 of 22.43 Mg/year, based on the results of the Tier 2 analysis (see Phase 2 above). Landfill facilities having an annual emission of NMOC below 50 Mg/year, by USEPA rules and regulations, are not required to install a landfill gas collection and control system (GCCS). Since IRC landfill is equipped with a voluntary GCCS, it is exempt from complying with the applicable costly requirements of the New Source Performance Standards (HSPS) that are the obligations of mandatory systems. Phase 3 — Response to Regulatory Comments Under this phase, Geosyntec monitored the progress of the permit application review and responded to requests for additional information (RAIs) by FDEP-DARM. The application was received by FDEP-DARM, Tallahassee on December 2, 2016. Geosyntec worked with SWDD in responding to RAIs from FDEP-DARM, which included, among others, preparation of an Air FL2914-01/JL17017A engineers I scientists I innovators P333 Mr. Himanshu H. Mehta, P.E. 21 June 2017 Page 2 Construction Permit Application and sampling and laboratory testing of landfill gas (LFG) for total reduced sulfur. On March 3, 2017, the FDEP-DARM issued to SWDD draft permits (Air Construction and Title V Air Operation) for review and an advertisement for publishing in a local newspaper. The advertisement informed the public that FDEP-DARM intends to issue the permits to the SWDD landfill and solicit comments from the public. Copies of the application and the proposed permits were also submitted to the Environmental Protection Agency (EPA), Atlanta District for review and comments. The review period was limited to 45 days and in the absence of comments by either the EPA and/or the public, the FDEP-DARM issued the final Air Construction Permit (No. 0610015 -006 -AC) on March 24, 2017 and the final Title V Air Operation Permit Renewal (No. 0610015 -005 -AV) on June 01, 2017. BUDGET The approved budget for Work Order No. CCNA-2014-Work Order No. 5 was $64,107.00. The total invoiced amount, including the final invoice is $64,091.47. Therefore, Geosyntec completed this project within the approved budget. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at (904) 858-1818. Sincerely Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer Enclosure: Invoice No. 124321504 FL2914-01/JL17017A engineers I scientists I innovators P334 Geosyntec"' consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 JUN 21 2011 Indian R LandN 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 FH 904 858.1818 FAX 904.396.1143 www.geosyntec.com 21 June 2017 Subject: Project Management Report and Transmittal of Invoice No. 124321504 IRC — 2016 Title V Air Operations Permit Renewal Application Indian River County Landfill Facility Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) prepared this project management report to address the professional services for the Title V Air Operations Permit Renewal Application for the Class I landfill at the Indian River County (IRC) landfill facility. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work; and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 11 June 2017. Table 1 provides invoicing detail for the project. PROJECT MANAGEMENT SUMMARIES Geosvntec's Proiect No FL2914. 2016 Title V Air Operations Permit Renewal Application Indian River County Landfill Facility (IRC Work Authorization No. CCNA-2014-Work Order NO. 5) Budget Overview Invoice No. 124321504 (enclosed) dated 21 June 2017 for $685.47 the 71 and final invoice for Project No. FL2914. Listed below is a summary of the budget, including invoiced amount and remaining budget. Approved Budget: $64,107.00 Invoiced Amount: $64,091.47 Remaining Budget $ 15.53 Geosyntec is within the budget appropriated for this project. FL2914.011FL2914 JL17017 ouginw .m i I in.gf1 wan P335 Mr. Himanshu H. Mehta, P.E. 21 June 2017 Page 2 WORK COMPLETED TO DATE The tasks performed under this invoice include communications with SWDD and FDEP Division of Air Resources Management (DARM) on the Title V permit renewal application, review of proposed and FINAL Title V Air Operation permit, and project management, including invoicing. WORK REFLECTED ON ENCLOSED INVOICE Labor reflected on the enclosed invoice is mainly attributed to the following: • Labor indicated as professional services ($665.00) is associated with communications with SWDD and FDEP-DARM, review of proposed and FINAL Title V Air Operation permit issued by DARM, and project management, including invoicing. • Other expenses are associated with communications fee ($19.97). ONGOING WORK FDEP-DARM issued a proposed Title V Air Operation Permit for the facility on April 13, 2017. Geosyntec reviewed the proposed permit and communicated with SWDD and DARM on the applicable and appropriate comments. A Final Title V Air Operation Permit was issued by DARM on June 1, 2017. Geosyntec reviewed the Final Permit for consistency with the proposed permit. This therefore completes the scope of work under this project and Work Order. RECOMMENDED ACTIONS None CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 904.858.1818. Sincerely, Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer Enclosure —Invoice No. 124321504 FL2914-0ITL2914_JL17017 eu&aw I sck-indsM I Lmoo+ Sb= P336 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FL2914 IRC — 2016 Title V Air Operations Permit Renewal Application Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FL2523/CCNA-2014-WOS 12164118 11/14/2016 $7,586.91 12164130 12/09/2016 $31,958.55 12417682 1/16/2017 $15,425.13 12419675 2/21/2017 $4,346.31 12420866 3/14/2017 $1,061.93 12428247 4/11/2017 $3,027.17 124321504 6/21/2017 $685.47 TOTAL $64,091.47 FL2914-0ITL2914 JL 17017 P337 Geosyntec� consultants INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MENTA, P.E. PLEASE REMIT PAYMENT TO: Geosyntec Consultants 900 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487-2775 USA Tel (561) 995-0900 Fax (561) 995-0925 Invoice #: 124321504 Invoice Date: 6/21/2017 Project: FL2914 Project Name: IRC 2016 TITLE V PERMIT Current Invoice RENEWAL AP For Professional Services Rendered through transaction date: 6/11/2017 IF YOU HAVE QUESTIONS ABOUT THIS INVOICE, PLEASE CONTACT DR. KWASI BADU-TWENEBOAH AT 904-858-1818. CCNA-2014-WO NO. 5 Professional Services $665.50 3.0;G Communication Fee $19.97 ------------------ Current Invoice $685.47 "Amount Due This Invoice ' $685.47 Statement Prior Billings $63,406.00 Project Budget $64,107.00 Current Invoice $685.47 Expended to Date $64,091.47 Billed To Date $64,091.47 Contract Balance $15.53 Paid To Date $63,406.00 "Amount Due This Invoice " $685.47 P338 Project: FL2914 -- IRC 2016 TITLE V PERMIT RENEWAL AP Invoice #:124321504 Phase: 01) GC/PM/MEETINGS Class /Employee Name Date Hours Rate Amount ADMINISTRATIVE ASSISTANT TERPSTRA, TORI 04/11/2017 0.25 94.00 23.50 Total: ADMINISTRATIVE ASSISTANT 0.25 23.50 PRINCIPAL BADU-TWENEBOAH, KWASI 04/10/2017 0.50 214.00' 107.00/ 04/11/2017 1.00 214.00' 214.00 e' 04/13/2017 0.50 214.00., 107.00f 05/15/2017 0.50 214.00,-- 107.00 Total: PRINCIPAL 2.50 535.00 Total Phase: 01) GC/PM/MEETINGS Phase Labor 568-60/ 3.0% Communication Fee 16.76 ,, Phase: 04) RESPONSE TO REGULATORY COMMENT Class /Employee Name Date Hours Rate Amount PRINCIPAL BADU-TWENEBOAH, KWASI 06/06/2017 0.50 214.00 07.00-- 107.00-- Total: PRINCIPAL Total: 0.50 107.00 Total Phase: 04) RESPONSE TO REGULATORY COMMENT Phase Labor 107.00 3.0% Communication Fee 3.21 Total Prosect Labor 666.50 3.0% Communication Fee 19.97 Total Project: FL2914 — IRC 2016 TITLE V PERMIT RENEWAL AP 686.47 INCPMGEOPH Page 2 P339 Date: June 28, 2017 6'! INDIAN RIVER COUNTY 1��gtvERco� SOLID WASTE DISPOSAL DISTRICT �z BOARD MEMORANDUM 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: July 2017 Update on Brownfields Redevelopment Process for the Former South Gifford Road Landfill Site DESCRIPTIONS AND CONDITIONS: On December 3, 2013, the Indian River County Board of County Commissioners (BCC) authorized the submittal of an application for a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant from the Treasure Coast Regional Planning Council (TCRPC) for the former South Gifford Road landfill site (Gifford Landfill). The entire Gifford Landfill covers approximately 115 acres with the northern 55 acres owned by Indian River County and the southern 60 acres owned by the City of Vero Beach. On May 28, 2015, TCRPC was awarded another Brownfields Coalition Assessment Grant utilizing the Gifford Landfill as one of the sites in their grant application. In August 2016, TCRPC authorized their consultant, Geosyntec, to perform the following tasks: Task 1 - Community Stakeholders Meeting #1; Task 2 - Development of conceptual designs and estimated costs; Task 3 - Community Stakeholders Meeting #2; and Task 4 - SWDD Board Meeting #3. Meeting #1 was held at the Gifford Community Center on December 10, 2016. The goal of the workshop was to engage the community attendees in brainstorming ideas for potential redevelopment uses for the former landfill site. On January 24, 2017, staff brought an update to the SWDD Board on the Brownfield Redevelopment process and presented the potential redevelopment uses provided from Meeting #1. The SWDD Board directed staff to do the following: (1) Authorized the Treasure Coast Regional Planning Council to continue with the redevelopment planning efforts as outlined in Tasks 2, 3, and 4 above, with direction from the Solid Waste Disposal District Board; (2) Authorized staff to clean up and beautify County frontage in the initial phase; and Od 096616 -f756 -48d a-899 e-e48154f6f43c. d ocm Page 1 of 5 P340 (3) Not commit to 3 to 5 acres being reserved for the Gifford Customer Convenience Center, but to keep 12 to 15 acres reserved for the Road and Bridge Compound. ANALYSIS: COUNTY FRONTAGE: Staff visited the Former Gifford Road Landfill site to review the existing frontage along 415` Street. As shown in the photos below, the site frontage is heavily buffered with oak trees, pine trees and exotics. There is also an existing fence along certain portions of the site. At this time, it is estimated that it may cost approximately $100,000 to clear and remove most of the materials in order to replace with the required landscape buffer in accordance with Section 926.09(1) of the County Code of Ordinances. Additional costs will incur in the design, bidding and construction for the improvements as well as long term costs with maintenance and irrigation of the improvements. Another option may be to visually/aesthetically buffer the driveway openings that exist today (i.e. slated fencing) at a much lower cost. This fencing buffer could be done quickly and at a much lower cost while the long term plan for the site gets developed. Staff is requesting direction from the Board whether to proceed with an aesthetic fencing option or a more robust work plan that includes surveying, designing and bidding for a frontage improvement plan based on the preliminary financial costs. CONCEPTUAL PLANNING: TCRPC has taken the various conceptual ideas from the community and developed them into two conceptual plans. Conceptual "Plan A" includes an Amphitheater, Farmer's Market / Open Air Pavilions, a Community Arts Building, Agricultural / Community Gardens, and reserved space for future uses such as a solar farm, walking trails and open fields. Improvements for the 415` Street frontage along with parking and stormwater features have also been added for a total redevelopment area of 40 acres. In order to accommodate these features, this plan includes the removal of the existing Gifford Customer Convenience Center and constructing a re -designed facility in the front part of the consolidated Road & Bridge Compound within a total area of 15 acres. Od 096616 -f756 -48d a-899 e-e48154f6f43c. d ocm Page 2 of 5 P341 a o�o�oFo�otio�o=o�o�o�o�o�o�o,;`O'' AQ;1 Geosyntec has taken the concepts in the above plan and has determined a preliminary redevelopment cost estimate consisting of the following: Please note, these costs are preliminary only and will be refined leading up to the next community meeting. Also, these costs do not include operations and maintenance costs for any of these improvements. TCRPC has also developed Conceptual "Plan B", which includes all of the features from "Plan A"; however, it keeps the existing Gifford Customer Convenience Center as is and provides a total area of 15 Od096616-f756-48d a-899 e-e48154f6f43c. d ocm Page 3 of 5 P342 Plan A Amphitheater $4.2 million to $5.0 million Farmer's Market - Open Air Pavilions $230,000 to $280,000 Community Arts Building $2.0 million to $2.5 million Agricultural/ Community Gardens $500,000 to $610,000 General Site Improvements (Clearing, Parking, Stormwater, Open Fields & Re -Forested Area, etc.) $9.6 million to $11 million Aggregated County Facility (New CCC and Road & Bridge Compound) $1.6 million to $2.0 million Capital Cost Range (Totals) "Preliminary Draft Estimate Only" $18 million to $22 million Please note, these costs are preliminary only and will be refined leading up to the next community meeting. Also, these costs do not include operations and maintenance costs for any of these improvements. TCRPC has also developed Conceptual "Plan B", which includes all of the features from "Plan A"; however, it keeps the existing Gifford Customer Convenience Center as is and provides a total area of 15 Od096616-f756-48d a-899 e-e48154f6f43c. d ocm Page 3 of 5 P342 acres for the Road & Bridge Compound. This approach has reduced the redevelopment area to approximately 35 acres. Similarly, Geosyntec has taken the concepts in the above plan and has determined a preliminary redevelopment cost estimate consisting of the following: Plan B Amphitheater $4.2 million to $5.0 million Farmer's Market - Open Air Pavilions $240,000 to $290,000 Community Arts Building $2.0 million to $2.5 million Agricultural/ Community Gardens $82,000 to $100,000 General Site Improvements (Clearing, Parking, Stormwater, Open Fields & Re -Forested Area, etc.) $10 million to $11.7 million Aggregated County Facility (New CCC and Road & Bridge Compound) Ro_o_o_ :oao_oo�o_oo_o�o,oso=o �o.00�oio-o o -o oojoLoo.o a -I I-� • kk 0 0 0 0 ' i ■ Similarly, Geosyntec has taken the concepts in the above plan and has determined a preliminary redevelopment cost estimate consisting of the following: Please note, that discussions have been on-going with Florida Power and Light (FPL) related to their interest in a solar project for this site; however, no firm proposal of interest has been received from FPL at this time. Therefore, both Plan A and Plan B have included a provision for open areas that could be available for a future solar project, if viable. Od096616-f756-48da-899e-e48154f6f43c.docm Page 4 of 5 P343 Plan B Amphitheater $4.2 million to $5.0 million Farmer's Market - Open Air Pavilions $240,000 to $290,000 Community Arts Building $2.0 million to $2.5 million Agricultural/ Community Gardens $82,000 to $100,000 General Site Improvements (Clearing, Parking, Stormwater, Open Fields & Re -Forested Area, etc.) $10 million to $11.7 million Aggregated County Facility (New CCC and Road & Bridge Compound) Not Applicable Capital Cost Range (Totals) "Preliminary Draft Estimate Only" $16 million to $20 million Please note, that discussions have been on-going with Florida Power and Light (FPL) related to their interest in a solar project for this site; however, no firm proposal of interest has been received from FPL at this time. Therefore, both Plan A and Plan B have included a provision for open areas that could be available for a future solar project, if viable. Od096616-f756-48da-899e-e48154f6f43c.docm Page 4 of 5 P343 As a next step, TCRPC has tentatively scheduled a Community Stakeholders Meeting #2 at the Gifford Community Center on Thursday, July 27, 2017, from 6 pm to 8 pm to obtain community input on the above plans and costs. The objective of this meeting is to propose a final redevelopment alternative that is amenable to as many of the involved parties as possible, and is considered a viable alternative for subsequent redevelopment at the site. Once a firm direction has been determined, TCRPC will develop a "before and after" aerial perspective rendering that illustrates the preferred site design and program. It is important to emphasize that the improvements being considered for this site are for the overall benefit for all residents of Indian River County. FUNDING: This agenda item is for a project update to the SWDD Board and does not require funding. RECOMMENDATIONS: Staff is requesting input from the SWDD Board on the following: 1. Authorized staff to proceed with surveying, designing and bidding for a frontage improvement plan based on the preliminary financial costs. A work order for specific work will be brought to the Board for approval at a future meeting. 2. Input on the conceptual ideas as well as the preliminary capital costs that have been generated by the TCRPC and Geosyntec. Od 096616 -f756 -48d a-899 e-e48154f6f43c. d ocm Page 5 of 5 P344 Update on Brownfields Redevelopment Process for the Former Gifford Road Landfill Site Solid Waste Disposal District — Himanshu Mehta, P.E. GeosyntecO c onsi9taanvs July 11, 2017 MM Previous Board Direction Per January 24, 2017 Board minutes: 1) Authorized the Treasure Coast Regional Planning Council to continue with the redevelopment planning efforts as outlined in Tasks 2, 3, and 4 above, with direction from the Solid Waste Disposal District Board; 2) Authorized staff to clean up and beautify County frontage in the initial phase; and 3) Not commit to 3 to 5 acres being reserved for the Gifford Customer Convenience Center, but to keep 12 to 15 acres reserved for the Road and Bridge Compound. 1 7/12/2017 Options for County Frontage • Currently heavily buffered with oak trees, pine trees and exotics as well as some chain link fence. • Option 1: Clear and remove most of the materials in order to replace with the required landscape buffer in accordance with Section 926.09(1) of the County Code of Ordinances. • Option 2• Visually/aesthetically buffer the driveway openings that exist today (i.e. slated fencing) '3u+A o 0,), 2 7/12/2017 3V4 -A. 3 7/12/2017 7/12/2017 Next Community Meeting • Next Meeting set for Monday, July 24, 2017 at the Gifford Community Center • The objective of this meeting is to propose a final redevelopment alternative that is amenable to as many of the involved parties as possible, and is considered a viable alternative for subsequent redevelopment at the site. • It is important to emphasize that the improvements being considered for this site are for the overall benefit for all residents of Indian River County. 5 344- A. S , 7/12/2017 Request for Board Input • Staff is requesting input on the following two options: — Authorized staff to proceed with surveying, designing and bidding for a frontage improvement plan based on the preliminary financial costs. A work order for specific work will be brought to the Board for approval at a future meeting. Or authorize staff to proceed with a visually/aesthetically buffer. — Input on the conceptual ideas as well as the been generated preliminary capital costs that have by the TCRPC and Geosyntec. 6 �34q A. to, Former South Gifford Road Landfill Redevelopment Preliminary Costing Summary of Preliminary Evaluation Summary as of: 7/12/2017 Assumptions 1 Geosyntec has assumed a safety factor of 20% for each cost range; this factor has been used to estimate the higher end point in each range. 2 Cost have been approximated based on the unit pricing sources shown in Plan A Preliminary Costing and Plan B Preliminary Costing 3 Cost estimates are based on features included in the two conceptual site designs prepared by Treasure Coast Regional Planning Council, dated 17 April 2017. 4 It is assumed that material excavated onsite (from excavations for building footers or retention ponds and for trenches) will be a 5 A maximum depth of excavation of 8 feet below land surface (ft BLS) has been assumed; dewatering has not been considered as part of the proposed redevelopment plan. 6 It is assumed that building/structure foundations will not need to reinforced, and that excavation up to 8 ft BLS will be suitable for building. 7 Excavated areas are proposed to be protected using geotextile layers to minimize potential vapor migration. At this time, active or 8 Costs estimated from Means data are based onRSMeans Heavy Construction Data or RSMeans Site Work Landscape Cost Data (2015 editions). 9 Where noted, selected costs are based on prior subcontractor or vendor quotes for similar activities. Final pricing is subject to change when updated quotes are obtained. 10 Stormwater management considerations are based on conceptually designed stormwater features; these features are subject to Plan A Plan B 1. Capital Cost Range (Totals) $18,275,824 to $21,930,989 $16,406,551 to $19,687,861 Costing Item A - Clearing and Grubbing $6,683 to $8,019 $6,683 to $8,019 Costing Item B - Parking Area (Map Number 1) $1,178,127 to $1,413,753 $826,460 to $991,752 Costing Item C - Drainage - Sitewide $60,799 to $72,959 $34,327 to $41,192 Costing Item D - Shallow Retention Ponds $2,555,117 to $3,066,141 $3,256,352 to $3,907,623 Costing Item E - Re -Forested Area (Map Number 3 $936,905 to $1,124,286 $1,126,012 to $1,351,215 Costing Item F - Open Fields (Mop Number 10) $969,441 to $1,163,330 $707,446 to $848,935 Costing Item G - Interior Concrete Areas $381,828 to $458,193 $749,731 to $899,677 Costing Item H - Farmer's Market - Open Air Pavilions (Ma Number 5) $227,376 to $272,851 $242,376 to $290,851 Costing Item 1- Restroom/Concessions Building (Ma Number 4) $880,165 to $1,056,198 $691,425 to $829,710 Costing Item J - Central Green Space (Map Number 6 $49,701 to $59,642 $65,583 to $78,699 Costing Item K -Community Gardens -Planter Box Are (Map Number 8) $507,694 to $609,233 $82,558 to $99,070 Costing Item L - Community Arts Building (Map Number 7 $2,005,807 to $2,406,958 $2,008,369 to $2,410,043 Costing Item M - Amphitheater (Map Number 2 $4,233,819 to $5,080,582 $4,225,372 to $5,070,447 Costing Item N - Aggregated County Facility (Map Numbe 9) $1,626,900 to $1,952,280 -- Costing Item O - Professional Fees $2,655,462 to $3,186,554 $2,383,858 to $2,860,629 2. Redevelopment Timeline 3. Long Term Maintenance Cost Considerations 4. Geotechnical Considerations 5. Environmental Health and Safety Considerations Assumptions 1 Geosyntec has assumed a safety factor of 20% for each cost range; this factor has been used to estimate the higher end point in each range. 2 Cost have been approximated based on the unit pricing sources shown in Plan A Preliminary Costing and Plan B Preliminary Costing 3 Cost estimates are based on features included in the two conceptual site designs prepared by Treasure Coast Regional Planning Council, dated 17 April 2017. 4 It is assumed that material excavated onsite (from excavations for building footers or retention ponds and for trenches) will be a 5 A maximum depth of excavation of 8 feet below land surface (ft BLS) has been assumed; dewatering has not been considered as part of the proposed redevelopment plan. 6 It is assumed that building/structure foundations will not need to reinforced, and that excavation up to 8 ft BLS will be suitable for building. 7 Excavated areas are proposed to be protected using geotextile layers to minimize potential vapor migration. 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