Loading...
HomeMy WebLinkAbout03/13/2018o%vERc� .010 COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman, District 4 Bob Solari, Vice Chairman, District 5 Susan Adams, District 1 Joseph E. Flescher, District 2 Tim Zorc, District 3 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MARCH 13, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Pastor Frank Ellis, Kings Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation on Up With People Live on Tour 2018 in Vero Beach by Mary Beth Cunningham, Local Coordinator, and Gaby Mendoza and Maria Ontiveros, Up With People Advance Team 5.13. Presentation of Proclamation Designating March, 2018, as Colon Cancer Awareness Month Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION March 13, 2018 Page 1 of 5 8. CONSENT AGENDA 8.A. Approval of Agreement for 45th Street Improvements - 43rd Avenue to 58th Avenue (IRC -1722) - RFQ 2018012 Attachments: Staff Report Agreement Exhibit A Exhibit B Exhibit C 8.B. Approval of Amendment to the Florida Blue Administrative Services Agreement Exhibit "B" Reducing the Administrative Service Fee from $51.50 to $50.00 PEPM for the Period October 1, 2017 through September 30, 2018 Attachments: Staff Report Amendment to FL Blue ASO Exhibit B 8.C. Checks and Electronic Payments February 23, 2018 to March 1, 2018 Attachments: Finance Department Staff Report 8.1). Resolutions Cancelling Taxes on Properties Purchased by Indian River County for Public Purposes Attachments: Staff Report Resolution (Tate) Resolution (Dean/Frost) Resolution (TD Bank) Resolution (Madsen) 8.E. Subordination of City Utility Interests to the Florida Department of Transportation, for the SR 60/43rd Avenue Project Attachments: Staff Report Right -Of -Way Map Subordination of City Utility Interests Resolution 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS March 13, 2018 Page 2 of 5 10.A.1. Consideration of Land Development Regulation (LDR) Amendments to Chapters 910, 913, 914, 952, and 971 Regarding Traffic Study Requirements, Subdivision and Site Plan Review Processes, and Staff Level Approval Authority for Certain Uses (Legislative) Attachments: Staff Report Minutes from January 16, 2018 BCC Meeting Resolution Establishing the Committee Draft Minutes from February 8, 2018 PZC Meeting Ordinance #1 for Chapter 910 Ordinance #2 for Chapter 913 Ordinance #3 for Chapter 914 Ordinance #4 for Chapter 952 Ordinance #5 for Chapter 971 B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Robert Galbraith Regarding Sale of Weapons in County Government Facilities Attachments: Public Discussion Form 10.B.2. Request to Speak from Joel Molinari Regarding Public Gatherings and Events on/in Taxpayer Owned Property/Facility Attachments: Public Discussion Form C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emerizency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Manallement and Budget March 13, 2018 Page 3 of 5 12.E.1. Children's Services Funding Allocation for Fiscal Year 2018/2019 Attachments: Staff Report Children's Services Funding History Children's Services Meeting Minutes 2017 F. Public Works G. Utilities Services 12.G.1. Utility Construction Standards, March 2018 Attachments: Staff Report Attachment A - List of Major Revisions to Standards 13. COUNTY ATTORNEY MATTERS 13.A. Economic Development Council Appointment Attachments: Staff Report Sven Frisell Application Sven Frisell Resume Bruce Redus Application Bruce Redus Resume Evan Esposito Application 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Brvan, Chairman 14.A.1. Requesting Board consideration to hold a public workshop to hear public opinion on the County's constitutional authority under Article VIII Section 5 of the Florida Constitution Attachments: Commissioner's Memorandum FL Constitution Article VIII Section 5 Broward County Ordinance Hillsborough County Ordinance B. Commissioner Bob Solari, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emerj!ency Services District B. Solid Waste Disposal District March 13, 2018 Page 4 of 5 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.ircy-ov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6: 00 p. m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a. m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12: 00 Noon to 5: 00 p.m. March 13, 2018 Page 5 of 5 . r Up with People �F Through service and music, Up with People inspires youth to be positive agents of change in their community. Up with People d" $ Through service and music, Up with People inspires youth to be positive agents of change in their community. Up with People 5 component International Participants / Global Education / Volunteer Service / Host Families / Performing Arts �'1 Min ©ankie Gracias , CnacN o Merci T kk K6sz6njCjk Terfma kasih ie i �a emy Mkojame DC�akujeme VielenDank Paldies Kiitos Taname teid Thank You"Tak ;,W { ;igado e' ekkur Ederiz iaS EuXapEOTouµ gAEill-I[:F irlu Bedankt Mkujeme vam �b�L-5Z�G19�,-4- Tack Up with People_ THURSDAY FRIDAY March 22 & March 23 7 PM 8 PM Intergenerational Recreation Center (iG Center) Tickets start at $8 (not inc. tees) PRESENTED BY: Cunningham Family Foundation BENEFITING: �,- Hibiscus Children's Center u Saving Children Since 1985 *YOUTH rT GUIDANCE Ut Mentoring& Activities Program ma xen,eit gotrM INTERNATIONAL Printed by PROMOTIONAL PARTNER: Minuteman �s.��7f' 0 Kiwanis TICKETS AVAILABLE AT UPWITHPEOPLE.ORGNEROBEACH ABOUT UP WITH PEOPLE Through music and action, we empower young people to be positive agents of change for a more hopeful, trusting and peaceful world. () 0 Arrives with a Volunteers Lives with Tours 15+ cast of 100 from locally host families cities around 20 countries the world THE SHOW The Up with People show has been performed in over 70 countries around the world, and has been seen by over 1.1 billion people. The 2 -hour production features original contemporary music and international songs and dances to inspire, energize and entertain the audience. Unique in its artistic format, the Up with People Show is joyful, authentic, and highlights the bonds that unite young people from around the world. HOST AN INTERNATIONAL PARTICIPANT Vero Beach, Florida - March 19 to 26, 2018 Each of these international cultural ambassadors will stay in a host family while in your city. Are you interested in learning about other cultures, while sharing your own? Go to upwithpeople.org/hostfamiIles to become a host family for a week! TRAVEL WITH US Up with People is looting for young people between the ages of 17-29 to join our international cast. Learn more about this incredible opportunity by attending a free Backstage Tour! For more information visit our website or Facebook page. FOR MORE INFORMATION, CONTACT Gaby Ortega -Mendoza FOLLOW US! 303.263.0872 .o voo gortega@upwithpeople.org Ii u aID © . r r , r , R 6-6 PROCLAMATION DESIGNATING MARCH, 2018, AS COLON CANCER AWARENESS MONTH WHEREAS, Indian River County Florida celebrates the month of March as Colon Cancer Awareness to bring greater awareness to colon cancer screening education and prevention; and, WHEREAS, colorectal cancer is the second leading cause of cancer death in the United States for men and women combined; and, WHEREAS, 1 in 20 people will develop colon cancer and every 10 minutes a life is lost to the disease; and, WHEREAS, this year alone, over 140,000 new cases of colon and rectal cancer will be diagnosed in America and over 50,000 deaths are expected; in Florida 11,670 new cases and 3,600 deaths are predicted; and, WHEREAS, a simple screening test is recommended for individuals over age 50 and earlier for those with a family history, to help combat the disease; and, WHEREAS, education and increased awareness can help inform the public of methods of prevention and the early detection of colorectal cancer and improve the average five-year survival rate of 65%; and, WHEREAS, colorectal cancer is not only highly treatable if detected early, but regular screening can actually prevent this cancer entirely with the discovery and removal of pre -cancerous polyps. WHEREAS, Indian River County has joined with the American Cancer Society in effort to promote increased screenings to save lives in Florida and across the country. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that March, 2018, be designated as Colon Cancer Awareness Month in Indian River County, and the Board encourages all citizens to work together to promote awareness and understanding of colon cancer and the need for screening to eradicate the disease. Adopted this 13th day of March, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter O'Bryan, Chairman Bob Solari, Vice Chairman Susan Adams Joe Flescher Tim Zorc American Cancer Society Get tested for Colorectal cancer Doctors know how to prevent colon or rectal cancer- and you can, too. Take o look inside. If you're 50 or older, you need to get tested for colorectal cancer. It's one cancer that can actually he prevented! I Colorectal cancer: Should you bt concerned? If you're 50 or older, the answer is yes. If you're 50 or older, you need to think about colorectal cancer. Most colon or rectal cancers occur in men and women who are 50 or older. But no • "` in your family has• colorectalcancer? Most people who get colorectal cancer have no family history of the disease. And you can have colorectal cancer and not even know it. If you have a parent, brother, sister, or child who has had colon or rectal cancer, then testing is even more important for you. In fact, you may need to start testing before you're 50. You have the power to help stop colorectal cancer before it starts. Colorectal cancer begins with a growth (called a polyp) that's not yet cancer. Testing can help your health care provider tell whether there's a problem, and some tests can find polyps before they become cancer. Most people who have polyps removed never get colorectal cancer. If colorectal cancer is found, you have a good chance of beating it with treatment if it's found early (when it's small and has not spread). And testing can help find it early. We believe that preventing colorectal cancer (and notjust finding it early) should be a major reason for getting tested. When polyps are found and removed, it can keep some people from getting colorectal cancer. Tests that have the best chance of finding both polyps and cancer should be your first choice if these tests are available and you're willing to have them. /—,3 Ask for the test. As you get older, you have more health concerns. Your health care provider has a lot to talk to you about. If your provider doesn't mention getting tested for colorectal cancer, don't be afraid to ask about it. There's more than one way to get tested, so you and your provider should choose the test that's best for you. You owe it to yourself and the people who love you to take care of yourself. 1-4 Cancer of the colon or rectum is called colorectal cancer. The colon and rectum help the body digest food. They hold waste until it passes out of the body. stomac Colon ReCUM-1 The colon is also called the large intestine. Colon Srnali itestine Colon What are the tests for finding polyps and colorectal cancer? A narrow, lighted tube is used to look inside your rectum and lower part of the colon. The doctor will be looking for cancer or polyps that could turn into cancer. If they see something, they can take a piece of it and test it for cancer. This test allows the doctor to look at only the lower part of the colon. If any growths or polyps are found, a colonoscopy will need to be done. A narrow, lighted tube is used to look at the inside of the rectum and the entire colon. The doctor will be looking for cancer or polyps that could turn into cancer. If they see any polyps or growths, they can remove it or take a piece to test it for cancer. Patients are usually given drugs to make them sleep during a colonoscopy. After a special enema is given, x-rays are taken of your rectum and colon. The barium in the enema coats the inside of the rectum and colon. The x-rays can then show any growths or polyps. If a change is seen, a colonoscopy will need to be done so the doctor can remove it or take a piece to test for cancer. 4 /—( With this test, air is pumped into your colon. Then a special type of x-ray called a CT scan is done. The test can be done quickly and with no sedation. If a polyp or growth is found, a colonoscopy must be done to remove it or take a piece to test for cancer. Remember: These tests offer the best chance of finding both polyps and cancer, and they're preferred if they're available and you're willing to have them. What are for d colorecta[ cancer? Your health care provider will give you a test kit to take home. You will need to smear a small amount of your poop on a card. You'll do this for 3 bowel movements. The cards are returned to your provider's office or a lab to be tested. Testing will tell your provider if there is blood in your poop. If blood is present, a colonoscopy will need to be done to look for the cause of the blood. This test can help find some cancers in the colon or rectum, but it can also miss some. 5 Your health care provider will give you a test kit to take home. You will put a small amount of your poop on a card. The kit will explain how to do this. You may have to do this on 2 or 3 cards, depending on the kind of test kit you're given. The cards are returned to your provider's office or a lab to be tested. Testing will tell your provider if there is blood in your poop. If blood is found, a colonoscopy will need to be done to look for the cause of the blood. This test can help find some colorectal cancers, but it can also miss some. This test checks your poop for cancer cells. Your health care provider- will give you a test kit to take home. You will collect a sample of your poop and return it to a lab to be tested. This test will find some colorectal cancers, but it can also miss some. If the test finds cells that may be cancer, a colonoscopy will need to be done. How do I prepare for these test -T For the sigmoidoscopy, colonoscopy, double-contrast barium enerna, and the CT colonography, your colon will need to be cleaned out as much as possible. You may need to have only clear liquids and no food for some time before the test. You'll take a strong laxative the day before the test and may need to give yourself an enerna the morning of the test. No advance preparation is needed for the stool tests. You'll have to follow the instructions of the kit and will need to return the kits to either your provider or a lab for testing. /4 How do I know if I need any ®f these tests? • If you are 50 or older, you need to be tested for colorectal cancer. • If someone in your family has had colorectal cancer, you might need to be tested before you're 50. Talk to your provider about your family history. If you have certain medical conditions, you might need to be tested for colorectal cancer earlier than age 50. Talk to your provider about this. Which tests are best for e? When polyps are found and removed, it can help keep some people from getting colorectal cancer. Tests that have the best chance of finding both polyps and cancer should be your first choice when possible. Talk with your health care provider to find out which tests you can get, and then decide which test you want to have. 7 The American Cancer Society recommends that starting at age 50 you have one of these tests: Tests that find polyps and cancer Flexible sigmoidoscopy* every 5 years, or Colonoscopy every 10 years, or Double-contrast barium enema* every 5 years, or CT colonography (virtual colonoscopy)* every 5 years Tests that find cancer Yearly guaiac -based fecal occult blood test (gFOBT),* or Yearly fecal immunochemical test (FIT),* or Stool DNA test (sDNA)* every 3 years *if any of these tests are abnormal, you will need to have a colonoscopy. How can I • out more about colorectal Asking about colorectal cancer testing isn't always easy. The American Cancer Society can help. Call us anytime - 24 hours a day, 7 days a week - at 1-800-227-2345. We can tell you more about the tests, help you talk to your health care provider, or listen to your concerns. Together, we can help stop colorectal cancer before it starts. Talk to your provider about getting tested for colorectal cancer. M. There are many different tests that can be used to check for colorectal cancer in people who don't have symptoms. Learn more about them here, then talk to a health care provider about the best colorectal cancer screening plan for you. For cancer information, day-to-day help, and emotional support, call your American Cancer Society at 1-800-227-2345. We're here when you need us - 24 hours a day, 7 days a week. American Cancer Society® cancer.org 1.800.227.2345 1.866.228.4327 TTY Written January 2016 9)2016, American Cancer Society, Inc. No. 243900- Rev. 2/17 Models used for illustrative purposes only INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., County Engineer FROM: William Johnson, P.E., Roadway Production Engineer SUBJECT: Approval of Agreement for 45th Street Improvements — 43`d Avenue to 58th Avenue (IRC -1722) — RFQ 2018012 DATE: February 26, 2018 DESCRIPTION AND CONDITIONS On February 6, 2018 the Board of County Commissioners approved the ranking of the design professionals, and authorized negotiations to begin with the top ranked firm from the RFQ selection process, Masteller & Moler, Inc. The purpose of this project is to provide survey, design and permitting services to relocate the existing roadway south and enclose the sub -lateral 'H' canal along the south side of 45th Street, from 43 d Avenue to west of 58th Avenue, approximately 1.2 miles in a manner consistent with the Gifford Neighborhood Plan. These improvements also include the addition of 5' wide paved shoulders, pavement markings, 6 -foot sidewalk on the south side of 45th Street, existing sidewalk repairs, the replacement of failed or failing drainage pipes under the roadway. The project is identified as Action 7.3 in the Gifford Neighborhood Plan approved bythe Board in July of 2014 and scheduled for completion by Public Works by 2021. Attached is a proposed agreement for design services for the proposed 45th Street improvements project. The proposed services would consist of the following; 1. Route Survey $33,500 2. Sub -lateral A-7 Existing Storage Computations $8,000 3. Roadway Construction Plans $126,000 4. Drainage Analysis and Plans $12,000 5. Treatment & Attenuation Analysis (if required) $15,000 6. Erosion Control and SWPPP $6,000 7. Jurisdictional Permitting $6,000 8. Signing and Marking Plans $18,000 9. Utility Coordination/Water & Sewer Service Adjustments $23,000 10. Signalization Plans $57,500 Project Total $305,000 Reimbursables Budget (excluding permit fees) $3,000 NOT -TO -EXCEED PROJECT TOTAL FEES $308,000 C:AUsers\legistar(AppDataVLocalATemp\ BCLTechnologies\easyPDF 8VCmBCL(aC80D3903\(a,BCLTaC80D3903.doc Page Two Award of RFQ 2018012 — 45th Street (43'd Ave — 58th Ave) BCC Agenda Item for March 13, 2018 FUNDING The proposed professional services will be a not -to -exceed amount of $308,000.00. Funding for design is available from Secondary Roads— Road Resurfacing -Account No. 10921441 -053360 -17028 -45th Street (58th Avenue —43 rd Avenue). RECOMMENDATION Staff recommends the Board of County Commissioners approve the proposed agreement with Masteller & Moler Inc., authorizing the above-mentioned professional services as outlined in the Scope of Services (Exhibit C) and authorize the Chairman to execute the agreement. ATTACHMENTS 1. Agreement 2. Exhibits A - C DISTRIBUTION 1. Masteller & Moler, Inc. 2. Purchasing AGENDA ITEM FOR MARCH 13, 2018 C:AOsmrs legistarAAppDataAt.ocalATemp\BCL Technologies\easyPDF 8\(aBCUtLC80D3903\(aBCUa,C80D3903.doc J AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into as of this day of , 2018 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach FL 32960 ("COUNTY"), and MASTELLER & MOILER, INC., whose address is 1655 27th Street, Suite 2, Vero Beach, Florida 32960 ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY solicited Request for Qualifications #2018012 for 45th Street Milling and Resurfacing Project — 58th Avenue to 43rd Avenue ("Project") attached as Exhibit A to this Agreement and made a part by reference. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Public Works, ("Services") as more fully set forth in in the Project Approach Section contained in the Statement of Qualifications for Indian River County RFQ #2018012 attached as Exhibit B to this Agreement and made a part by reference. C. Consultant has submitted a Scope of Services and Fee Proposal dated February 21, 2018 attached as Exhibit C to this Agreement and made a part by reference. D. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and E. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 All professional services provided by the Consultant for the COUNTY shall be identified in Exhibits A, B and C (collectively, the "Exhibits") and performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of the applicable discipline. The Exhibits include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant; and any other El additional instructions or provisions relating to the specific Services authorized that does not conflict with the terms of this Agreement. 1.3 Additional services not contained in the Exhibits which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Agreement, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Agreement. 1.4 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the Project. The Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Consultant's attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub -consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary professional engineering, project design, construction phase services, and other Services in connection with the assigned Project(s) as set forth in this Agreement. 3.2 The Consultant will endeavor not to duplicate any previous work done on any Project. Before beginning work, the Consultant shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The Consultant agrees to complete the Project within the time frame specified in Exhibit C. 3.4 The Consultant will maintain an adequate staff of qualified personnel. C 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The Consultant will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. 3.9 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.11 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The Consultant will confer with the COUNTY during the further development of improvements for which the Consultant has provided design or other services, and the Consultant will interpret plans and other documents; correct errors 7 and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the Consultant. 3.14 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 4. TERM; TIME FOR COMPLETION. 4.1 The time for completion of the Project shall be defined in the Exhibits. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant the mutually agreed professional not -to -exceed fee of THREE HUNDRED THOUSAND AND EIGHT DOLLARS ($308,00.00) for Services rendered for the Project, to be paid in monthly installments or on a deliverable basis, as set forth in the Exhibits. Duly certified invoices, in triplicate, phased as per the Exhibits, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of E satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the Consultant by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant acknowledges and agrees that it will not be reimbursed for any travel associated with its Services on this Project. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under this Agreement, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amendment to this Agreement. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under the Exhibits at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a written amendment this Agreement. 9 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.6 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.8 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the Consultant with separate written notice of such adjusted limits and Consultant shall comply within thirty (30) days of receipt thereof. The failure by Consultant to provide such additional coverage shall constitute a default by Consultant and shall be grounds for termination of this Agreement by the COUNTY. 7.9 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for 10 any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work previously authorized by this Agreement. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work complete as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid 11 to outside consultants. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to 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. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this 12 Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Richard B. Szpyrka, P.E. 1801 27th Street Vero Beach, FL 32960-3365 Facsimile: (772) 770-5143 Consultant: Masteller & Moler, Inc. Attn: Stephen E. Moler, P.E. 1655 27th Street, Suite 2 Vero Beach, FL 32960 Fax: 772-794-1106 Email: mastmolr@bellsouth.net 13 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 14 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. MASTELLER & MOLER, INC. INDIAN RIVER COUNTY By its Board of County Commissioners By By Stephen E. Moler, P.E., Vice President Witness: Date: Peter D. O'Bryan, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By By Printed Name Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 15 Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 X H T A Phone (772) 226-1416 Request for Qualifications Project Name: 45th Street Milling and Resurfacing Project - 58th Avenue to 43rd Avenue IRC -1722 (FDOT SCOP FM No. 436848-1) RFQ #: 2018012 RFQ Opening Date: December 6, 2017 RFQ Opening Time: 2:00 P.M. All Statements of Qualifications (SOQs) must be received by the Purchasing Division, 180027 th Street, Vero Beach, Florida 32960 prior to the date and time shown above. Late responses will not be accepted or considered. PLEASE SUBMIT (1) ONE MARKED ORIGINAL AND FIVE (5) COPIES OF YOUR SOQ, PLUS ONE (1) THUMB DRIVE OR CD CONTAINING A FULL PDF OF YOUR SOQ. Refer All Questions to: Jennifer Hyde, Purchasing Manager Phone: (772) 226-1416 Email: purchasing@ircgov.com Page 1 of 11 16 REQUEST FOR QUALIFICATIONS RFQ # 2018012 451h Street Milling & Resurfacing Project - 58th Avenue to 43`d Avenue IRC -1722 (FDOT SCOP FM No. 436848-1) In compliance with CCNA Chapter 287.055, the Indian River County Board of County Commissioners is requesting Statements of Qualifications (SOQs) from professional engineering firms for design of the 45th Street Milling and Resurfacing Project - 58th Avenue to 43,d Avenue (IRC -1722 FDOT SCOP FM No. 436848-1). Detailed specifications are available from www.demandstar.com or by contacting the Indian River County Purchasing Division at (772) 226-1416, or purchasing@ircgov.com. Deadline for receipt of one original and five (5) copies of SOQs plus one (1) thumb drive or CD containing a full PDF of the SOQ to the Purchasing Division, 1800 27th Street, Building B, Vero Beach, Florida 32960 is by 2:00 p.m. Wednesday, December 6, 2017. Initial screening, ranking, final ranking and negotiations will be in accordance with the Consultant Competitive Negotiation Act, F.S. 287.055. The Board of County Commissioners reserves the right to accept or reject any and all submittals and to waive all informalities. Publish: For Publication in the Indian River Press Journal Date: Sunday, November 5, 2017 Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Page 2 of 11 PURCHASING MANAGER INDIAN RIVER COUNTY 17 Scope of Services 1. INTRODUCTION This project will entail design for the milling & resurfacing rehabilitation of the existing pavement section of 45th Street (North Gifford Road) between 58th Avenue and 43rd Avenue; constructing five- foot paved bicycle lanes; constructing six-foot sidewalk and the placing of hot mix (superpave) asphalt. The length of the project is approximately 1.35 miles. The final design will include: 1. Milling of existing asphalt and resurfacing w/ hot mix asphalt (superpave). 2. Analysis and relocation of all existing above ground utility features, including coordination w/ utility owners. 3. Design of pavement markings, bicycle lanes, signage, and reflective pavement markers. 4. All existing intersections (including signalized intersections) containing sidewalk crossings shall be upgraded to current ADA requirements. 5. All necessary permitting. 6. Design of a Maintenance of Traffic Plan will not be included. All road work will be within the County and/or Drainage District right-of-way. The County will provide the existing condition topographical and right-of-way boundary survey of above ground features for the project. This is a Florida Department of Transportation (FDOT) Small County Outreach Program (SCOP) construction grant. Current FDOT Standard Specifications for Road and Bridge Construction shall be utilized in the design, as well as Indian River County Traffic Engineering Division Special Conditions for Right -of -Way Construction. Page 3 of 11 Submittal Instructions Professional Engineering Firms (Consultants) responding to this Request for Qualifications (RFQ) shall submit the following in their Statement of Qualifications (SOQ): Information to Be Submitted: Submit one marked original and five (5) copies plus one (1) thumb drive or CD containing a full PDF of your SOQ. SOQs must include and are requested to be organized as follows and (minimum 11 point font): a. A history a description of the range of services offered by of the Consultant. (1 page max) b. Summaries or biographies of the required Consultant Staff that will be assigned to the County. Include name, background, special skills, number of years with the firm and years of experience. Identify the Consultant's representative assigned to manage the County's project. (3 pages max) c. A detailed description of the Consultant's approach to successful completion of services such as those described within this RFQ. (1 page max) d. A description of expertise or unique capability Consultant can provide the County. (1 page max) e. Provide a projected timeline/schedule with the Consultant's methodology. (1 page max) f. References from municipalities Consultant has provided the similar services for in the last five years. Please provide contact name, phone number, email address and project name. g. Sworn statement on Disclosure of Relationships as per Section 105.08 of the Indian River County Code. Method of Selection: The County shall convene a Selection Review Committee of which the responsibility shall be as follows: a. Independently evaluate each Submittal. b. Independently rank each Submittal for meeting minimum qualifications in order of preference. c. As a "committee of the whole", develop a combined ranking order of all Submittals meeting minimum qualifications. The ranking of firms shall be done in the following manner: 1. Each member of the evaluation committee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria. Each committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1. 2. The rankings received by each firm from all committee members shall then be totaled and divided by the number of committee members, to produce an average ranking. 3. The firm receiving the lowest average ranking (i.e. closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. In the event of a tie, the ranking of tied firms shall be determined by a comparison of the total number of points received by each firm from all committee members. The Review Committee may discuss their reasons for their individual rankings and members revise their rankings accordingly until the committee is satisfied with the rankings. 4. After interviews in an RFQ process, and based upon information learned during the interviews, each committee member may change his or her ranking of firms. The evaluation process shall continue until the evaluation committee declares the rankings final. d. The County may, solely at its own option, seek additional Statements of Qualifications with this or a similar RFQ in the event the County, solely at its own option, determines that the quantity and/or quality of Submittals received is insufficient to meet the County's needs and/or that award of a contract arising from this RFQ would not be in the public interest. Page 4 of 11 19 e. The Committee shall forward its recommendations in accordance with the ranking to the Indian River County Board of County Commissioners, which shall, at its sole option, authorize negotiations of a contract pursuant to the requirements of Florida law. f. The Indian River County Board of County Commissioners possesses sole authority to award a contract for the services sought herein. Criteria for Award: EVALUATION CRITERIA EVALUATION POINTS MAXIMUM 1. Firm qualifications/capabilities and similar projects * 25 2. Staff qualifications * 15 3. Approach 10 4. Proposed Timeline 20 5. Cost Proposal 20 6. References 10 TOTAL 100 *In determining whether a firm is qualified, the Committee shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workload of firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selecting the most highly qualified firms. Page 5 of 11 20 General Instructions Cone of Silence. Potential respondents and their agents shall not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to this solicitation. This restriction shall be effective from the time of solicitation advertisement until the Board of County Commissioners meets to authorize ranking and/or award. Such communication may result in disqualification. Sealed Submittals and Envelope Markings: All responses shall be submitted in a sealed envelope or box. The outside of the envelope shall be clearly marked with the Consultant's Name and Return Address, Proposal #, Title, Date of opening, and Time of Opening. Opening Location: Responses must be received by the Purchasing Division at 1800 27th Street, Vero Beach, FL 32960, on or before the closing hour and date listed in the Request for Proposals. SOQs received after the stated time and date will not be accepted or considered. Submission: Submit one marked original and five (5) copies of your SOQ plus one (1) thumb drive or CD containing a full PDF of your SOQ. Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful Consultant and will be filled out by the County. Indemnification: The Consultant shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the consultants, or its employees, agents, subconsultants, or other persons or entities performing work under the contract. Public Access: The Consultant shall comply with Florida's Public Records Law in accordance with the provisions of Chapter 119, Florida Statutes. Specifically, the Consultant shall keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. The Consultant shall provide the public with access to public records on the same terms and conditions that the County would provide the records at a cost that does not exceed the costs provided in Chapter 119 or as otherwise provided bylaw. The Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. The Consultant shall meet all requirements for retaining public records and transfer, at no cost, to the County, all public records in possession of the Consultant upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Consultants are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Page 6 of 11 21 Florida Statutes Section 287.017 for CATEGORY TWO [currently $35,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Non -Discrimination: Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. Local Preference: Indian River County has no local ordinance or preferences, as defined in FS 255.0991 (2) in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid. Regulations: It shall be the responsibility of the Consultant to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules, regulations, or other requirements, as each may apply. Interpretations: No oral interpretations will be made to any Consultant as to the meaning of the RFQ documents. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County (purchasing@ircgov.com) ten (10) or more days before the date fixed for opening of the RFQ. The County shall not be responsible for oral interpretations given by any County employee. Every interpretation made to Consultants will be in the form of an Addendum, which if issued, will be sent promptly as is practical to all persons to whom RFQ documents have been issued. All such Addenda shall become part of the RFQ documents. Further, it shall be the responsibility of each Consultant, prior to submitting their SOQ, to contact Indian River County's Purchasing Division at (772) 226-1416 to determine if addenda were issued and to make such addenda a part of their SOQ. Applicable Law and Venue: Contract(s) resulting from this RFQ and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated in this solicitation and resulting agreement. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. Conflict of Interest: Any entity submitting a bid, proposal, qualifications or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a Page 7 of 11 22 sworn statement made on a County approved form. Failure to submit the form will be cause for rejection of the bid or proposal. Prohibition Against Contingent Fees: If a contract is entered resulting from this request for qualifications, it shall include a prohibition against contingent fees statement, as required by FS 255.087. Right to Protest: Any actual or prospective responding Consultant who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Awards: The County reserves the right to cancel the solicitation, reject any and all SOQs or waive any irregularity or technicality in submittals received. The County reserves the right to not make any award(s) under this solicitation. Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the Consultant fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause. Compliance with Laws and Regulations: Consultant agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this solicitation and resulting agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. Insurance: The Consultant shall provide, prior to execution of the contract, the insurance required under this section for approval by the County. Firm's insurance shall be primary. The County shall be named as an additional insured for both General Liability and Automobile Liability. The awarded firm shall maintain the following limits of insurance during the term duration of this agreement. General Liability Each Occurrence $500,000 Fire Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $500,000 General Aggregate $500,000 Combined Single Limit $500,000 Automobile Liability—Combined Single Limit $500,000 Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 Page 8 of 11 23 Professional Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate combined single limit $5,000 maximum deductible per claim The policy shall cover the firm, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by contractor. All above insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate. Indian River County reserves the right to accept or reject any or all proposals in whole or in part and waive all any technicality or irregularity. Page 9 of 11 24 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2018012 for 45th Street Pavement Milling and Resurfacing Proiect — 58th Avenue to 43`d Avenue (IRC - 1722) (FDOT SCOP FM No. 434848-1) 2. This sworn statement is submitted by: (Name of entity submitting Statement) whose business address is: and its Federal Employer Identification Number (FEIN) is 3. My name is (Please print name of individual signing) and my relationship to the entity named above is 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister- in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.) Page 10 of 11 25 Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature) (Date) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20J by is personally known to me or who has produced as identification. SIGN: PRINT: (Seal) Page 11 of 11 NOTARY PUBLIC Notary Public, State at large My Commission Expires: 26 Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 Phone (772) 226-1416 �Rl ADDENDUM NO. 1 Date: November 27, 2017 Project Name: 45th Street Milling and Resurfacing Project — 58th Avenue to 43rd Avenue RFQ Number: 2018012 RFQ Opening Date: Wednesday, December 6, 2017 at 2:00 p.m. This addendum is released to provide clarification. All information provided herein is hereby incorporated into the Invitation to Bid documents. NO FURTHER QUESTIONS WILL BE ADDRESSED. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will not be opened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 1. Question: Can you provide a dwg file copy (autoCADD) of the County's topographic/boundary survey for this project? Answer: The County will provide topographic/boundary survey to selected consultant. 2. Question: Will the County be providing geotechnical services through one of the County's geotechnical consultants or are we to include geotechnical services as part of the scope? Answer: No. The County has obtained a pavement design and will provide to the selected consultant. Geotechnical services are not to be included in the scope of work. 3. Question: Will the County be responsible for the paperwork and coordination with FDOT relative to the SCOP grant? What is expected of the consultant relative to the grant? Answer: Yes. The County will be responsible for all grant related paperwork. 27 4. Question: The existing signals at the intersections of 45th Street with 43rd Avenue and with 58th Avenue are span wire. Does the scope include upgrading the signals to mast arms? Answer: No. The scope of work does not include upgrading traffic signals. S. Question: Does the County have the right-of-way required for the proposed improvements? If not does the County plan to obtain additional right-of-way? Are right-of-way maps available? Answer: Yes. The County has adequate right-of-way required for proposed improvements. Any right-of-way maps will be provided to the selected consultant. 6. Question: Under Evaluation Criteria, you have points distributed for Cost Proposal (#5). Can you please clarify what you mean by that and what the Consultant has to provide to receive the maximum point value? Answer: The evaluation criteria was intended to score the cost effectiveness of the proposed design, with respect to the anticipated construction and long term maintenance costs. The firms will be graded on how they identify potential project risks within the limits of the design area, how the Engineer intends to minimize these risks and any potential Value Engineering approaches that the firm may have with respect to the project. Other additional considerations under this category will be if the firms identify practices, innovative approaches, or means and methods which could create potential long term savings to the County with respect to the maintenance of the project. Information to be submitted and evaluation criteria have been modified to clarify. Please see the attached replacement pages 4 and 5 of the RFQ. Attachment: Replacement pages 4 and 5 of Request for Qualifications 2018012 *************This Addendum must be acknowledged on the bid form and/or by return of this Acknowledgement with your SOQ************ Company Name Name: (Type / Printed) Authorized Signature: Telephone: Title: Email: Date: 28 Submittal Instructions Professional Engineering Firms (Consultants) responding to this Request for Qualifications (RFQ) shall submit the following in their Statement of Qualifications (SOQ): Information to Be Submitted: Submit one marked original and five (5) copies plus one (1) thumb drive or CD containing a full PDF of your SOQ. SOQs must include and are requested to be organized as follows and (minimum 11 point font): a. A history a description of the range of services offered by of the Consultant. (1 page max) b. Summaries or biographies of the required Consultant Staff that will be assigned to the County. Include name, background, special skills, number of years with the firm and years of experience. Identify the Consultant's representative assigned to manage the County's project. (3 pages max) c. A detailed description of the Consultant's approach to successful completion of services such as those described within this RFQ. Specifically identify cost saving measures your design will consider and/or incorporate. (4-3 pages max) d. A description of expertise or unique capability Consultant can provide the County. (1 page max) e. Provide a projected timeline/schedule with the Consultant's methodology. (1 page max) f. References from municipalities Consultant has provided the similar services for in the last five years. Please provide contact name, phone number, email address and project name. g. Sworn statement on Disclosure of Relationships as per Section 105.08 of the Indian River County Code. Method of Selection: The County shall convene a Selection Review Committee of which the responsibility shall be as follows: a. Independently evaluate each Submittal. b. Independently rank each Submittal for meeting minimum qualifications in order of preference. c. As a "committee of the whole", develop a combined ranking order of all Submittals meeting minimum qualifications. The ranking of firms shall be done in the following manner: 1. Each member of the evaluation committee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria. Each committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1. 2. The rankings received by each firm from all committee members shall then be totaled and divided by the number of committee members, to produce an average ranking. 3. The firm receiving the lowest average ranking (i.e. closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. In the event of a tie, the ranking of tied firms shall be determined by a comparison of the total number of points received by each firm from all committee members. The Review Committee may discuss their reasons for their individual rankings and members revise their rankings accordingly until the committee is satisfied with the rankings. 4. After interviews in an RFQ process, and based upon information learned during the interviews, each committee member may change his or her ranking of firms. The evaluation process shall continue until the evaluation committee declares the rankings final. d. The County may, solely at its own option, seek additional Statements of Qualifications with this or a similar RFQ in the event the County, solely at its own option, determines that the quantity and/or quality of Submittals received is insufficient to meet the County's needs and/or that award of a contract arising from this RFQ would not be in the public interest. 29 e. The Committee shall forward its recommendations in accordance with the ranking to the Indian River County Board of County Commissioners, which shall, at its sole option, authorize negotiations of a contract pursuant to the requirements of Florida law. f. The Indian River County Board of County Commissioners possesses sole authority to award a contract for the services sought herein. Criteria for Award: EVALUATION CRITERIA EVALUATION POINTS MAXIMUM 1. Firm qualifications/capabilities and similar projects * 25 2. Staff qualifications * 15 3. Approach 10 4. Proposed Timeline 20 5. Cost-PF9pe a -I -effectiveness of Design 20 6. References 10 TOTAL 100 *In determining whether a firm is qualified, the Committee shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workload of firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selecting the most highly qualified firms. 30 Statement of Qualifications Indian River County RFQ # 2018012 45th Street Milling and Resurfacing Project - 58th Avenue to 43rd Avenue IRC -1722 (FDOT SCOP FM No. 436848-1) December 6, 2017 Submitted by: M EXHIBITS MASTELLER & MOLER, INC. M 1 - CONSULTING CIVIL ENGINEERS - with: Kimley o Horn 31 Indian River County RFQ # 2018012 45th Street Milling and Resurfacing Project — 58th Avenue to 43rd Avenue IRC -1722 (FDOT SCOP FM No. 436848-1) 32 "";w- Indian River County 45th Street Mill a. History & Range of Services & Resurfacing P RFQ # 2018012 Since 1985, Masteller & Moler, Inc. (MM) has been in operation as a successful consulting engineering firm. The firm's owners, Earl H. Masteller, P.E., BCEE, President and Stephen E. Moler, P.E., Vice President are both professional engineers registered in Florida. Together, Mr. Masteller and Mr. Moler offer over eighty-four (84) years of municipal engineering experience. The firm's principals founded the firm with the goal of maintaining a "hands on" approach to providing engineering services. Specifically, by design, the size of the firm has been maintained to allow for at least one of the principals to be intimately involved with each project. The size of the firm allows the principals to be involved directly with each of its staff members. Since opening for business the firm has been involved with multiple roadway projects including the following: • IRC County Route 512 Four Lane Widening (Roseland Road to 1-95) • IRC 17th Lane SW Roadway Improvements (27th Avenue west) • 16th Street Two -Lane Roadway Improvements (74th Avenue to 82nd Avenue) • City of Sebastian Powerline Road (CR512 to Main Street) • IRC 49th Street/ Old Dixie Highway Turn Lane Improvements • Viera Murrell Road Extension (near Wickham Road to Barnes Boulevard) MM offers the following types of consulting civil engineering services to both private and municipal clients: • Feasibility Studies • Master Planning • Cost Estimating • Site Planning • Subdivision Design • Stormwater Management Reports • Roadway Designs • Sewage Pumping Station Design • Water Treatment Plant Design • Potable Water System Design • Wastewater Treatment Plant Design • Wastewater System Design • Reuse Water Systems Designs • Stormwater Management Designs • Pipe Network Modeling • Construction Observation Services • Permitting Application Services • Contract Bidding/Award Services The successful execution of various public works projects has earned us a reputation for producing cost effective, quality projects which meet or exceed operational objectives. Our firm can provide you with cutting edge high quality engineering based on years of experience providing services to both private sector and government clients. In addition to the conventional solutions, our firm exercises creativity to develop innovative resolutions to complex problems in our projects approach with the bottom line being the best economical solution that will reflect quality, reliability, and long usefulness of in the final project. Over the years we have excelled in recognizing needs and finding common sense, cost-effective solutions. Masteller & Moler has the experience and expertise to perform due diligence, develop concept and construction plans, and obtain the approvals and permits necessary to take this project from vision to reality. This RFQ contains a statement which caught our eye; "...with the object of effecting an equitable distribution of contracts among qualified firms..." In response to that consideration we have researched the number of projects assigned to MM by Indian River County for the past four (4) years. It is interesting to note that we have been assigned only one (1) roadway project during that period of time. To show how unbalanced the distribution of local roadway projects has been we offer the following information: Kimley-Horn (Branch Office) $537,314 Bowman (Out of County) $206,546 MBV (Vero Office) $171,680 Masteller & Moler (Main & Only Local) $ 75,675 We are qualified and experienced to perform the engineering services for this project and respectfully request that Masteller & Moler, Inc. be rewarded with your selection for this project. INC. M 1 N CONSULTING CIVIL ENGINEERS — a. RANGE OF SERVICES ( PAGE 1 33 y fit' Indian River County 45th Street Milling & Resurfac b. Summaries or Biographies of Consultant Staff Assigned t RFQ # 2018012 This section includes the pertinent information on the Consultant Staff both Primary Consultant and the Sub -Consultants that will be assigned to the "45`h Street Milling & Resurfacing Project". • Masteller & Moler, Inc. will be the Prime Consultant and Civil Engineer; staff that will be assigned to this project are: Stephen E. Moler, PE, Vice President will be the Prime Engineer and Primary Contact Earl H. Masteller, PE, BCEE, President will perform Quality Control; Justin Hamel, ACAD Designer will perform the ACAD Plans Preparation; Sean Green, ACAD Designer will perform Quantity Takeoffs • Kimley-Horn and Associates, Inc. will be the Signal and Structural Engineer; Brian Good, PE, Signalization Design Consultant will be assigned to this project. Resumes for the key individuals detailing their qualifications and experience are included within this section of the following pages. INC. M 1 - CIVIL ENGINEER$ - b. STAFF I PAGE 1 34 6", Indian River County 45th Street Mill MA MASTELLER & MOLER, INC. M l CIVIL ENGINEERS -- STEPHEN E. MOLER, PE Vice President REGISTRATION: Professional Engineer, FL (1983) Professional Engineer, N1 (1983) LEED Green Assoc. (2011) EDUCATION: University of Delaware, BS Civil Engineering (1978) Florida Institute of Technology, MBA (1990) EMPLOYMENT: Masteller & Moler, Inc. (35 yrs) Sippel, Masteller, Lorenz & Hoover, Inc. (5 years) Mann Talley, Inc. (1 year) ORGANIZATIONAL INVOLVEMENT National Society of Professional Engineers Florida Engineering Society American Water Works Association (AWWA) Professional Services Advisory Committee of IRC Past Director, Homeless Coalition of Indian River County Past Vestry Member, Trinity Episcopal Church LU MAS"TELLER & MOLER, INC. M - CIVIL ENGINEERS - U RFQ # 2018012 Over the past thirty-four (34) years, Mr. Moler has been involved as a Project Manager and Engineer -of -Record leading the design and construction administration for numerous projects for both municipal and private clients. Project responsibilities have ranged from performance of project concept planning and feasibility studies, site civil engineering design, preparation of construction contract plans and specifications, bid documents, bidding and award assistance, regulatory permitting, construction contract administration, and project close-out. Mr. Moler's design expertise includes review and understanding of site data including boundary & topographic surveys, land use / zoning criteria, soils investigations, flood maps and wetlands / endangered species reports, development of conceptual designs, roadway improvements construction plans, preparation of pre -development and post -development stormwater runoff calculations, development of site grading plans including stormwater collection and retention/detention systems, design of sanitary wastewater collection systems including gravity sewer mains, manholes, laterals, sewage lift stations and force main systems, design of potable water systems including storage & pumping facilities, transmission mains, and distribution systems. Importantly, much of Mr. Moler's experience on projects has involved construction along existing developed corridors. Mr. Moler has been involved in many roadway improvements projects. Examples of projects on which Mr. Moler performed project management services include but are not limited to the following: • Powerline Road Extension • County Road 512 Four -Lane Expansion • 49`h Street / Old Dixie Highway Turn -Lanes • 16th Street Two -Lane Roadway Improvements • IRC 17th Lane SW Roadway Improvements As Vice President of Masteller & Moler, Inc., Stephen E. Moler is in charge of daily operations including reviewing drawings, reports, and information provided to maintain quality control. Mr. Moler coordinates on a daily basis with the design staff on the status of all the projects. Mr. Moler's knowledge and dedication will be an asset to the Project. b. STAFF I PAGE 2 35 �w* Indian River County 45th Street Milling & Resurfa Kimley ) Horn Brian Good, P.E. Signal Design Relevant Experience: 45th Street/US Highway 1 Roadway and Signalization Improvements, Vero Beach, FL— Project manager. Kimley-Horn provided Indian River County with design and permitting of 0.5 miles of roadway widening, railroad crossing, and FDOT signal modifications. The project also includes signing and pavement marking plans, drainage design and permitting, utility coordination, and signalization plans. Streetscape for SR 60 and 58th Avenue, Indian River County, FL— Project manager for Kimley-Horn team providing streetscape services for this project that involves widening a prominent intersection in Indian River County from four lanes to six lanes by adding turn lanes. This high-profile intersection has limited right of way; because of the limited right of way, streetscape and landscape opportunities will be somewhat limited as well. A joint venture with private and public property owners will be necessary to make improvements to the streets, which belong to both entities. Kings Highway and Indrio Road Intersection Improvements, St. Lucie County, FL— Project manager for Kimley-Horn team designing plans to widen the Kings Highway and Indrio Road Intersection geometry consistent with the Florida Department of Transportation Indrio Road PD&E buildout design. Design includes complete reconstruction of the intersection, implementation of a stormwater management system, assessment of impacts to a large canal, and signalization. Airport Drive Access Road Improvements, Vero Beach, FL— Project manager for the widening of Airport Drive between Atlantic Boulevard and Cherokee Drive. The scope of this work entails widening Airport Drive to include bicycle lanes, the design of pedestrian facilities, roadway design, landscaping enhancements, and coordination with local property owners to include the Vero Beach Municipal Airport and Indian River Farms Water Control District. Miscellaneous SR A1A and CR 510 Roadway Improvements, Indian River County, FL— Project manager involved in the design of seven separate auxiliary turn lane improvements to SR AIA and three auxiliary turn lane improvements to SR 510. The improvements were developed with the County based upon their capacity related benefits. The scope of services included survey, roadway design, wetland impact mitigation, and permitting. Due to the varied locations associated with the projects, multiple permit applications were made to SJRWMD and FDOT. This project required extensive coordination with Indian River County Public Works Department, SJRWMD, Indian River Mosquito Control, and FDOT. "M MASTELLER & MOLER, INC. M - CIVIL ENGINEERS - RFQ # 2018012 Special Qualifications ■ Has 21 years of experience related to transportation design projects, including roadway geometric design, hydrologic and hydraulic analyses, plans preparation, and bridge hydraulics ■ Has performed drainage designs and provided solutions for transportation, aviation, residential, and retail projects ■ Stormwater management experience includes hydrological and hydraulic analysis on drainage basins and floodplains from 10 to 50,000 acres, floodway analysis on Federal Emergency Management Agency (FEMA) regulated floodways, and bridge hydraulic backwater analysis for numerous Florida Department of Transportation (FDOT) structures Professional Credentials ■ Bachelor of Science, Environmental Engineering, University of Central Florida ■ Professional Engineer in Florida, #56939, February 15, 2001 Professional Organizations ■ American Society of Civil Engineers (ASCE), Member ■ California Water Environment Association, Member ■ Toastmasters International b. STAFF) PAGE 3 36 Indian River County 45th Street Milli c. Project Approach & Resurfacin RFQ # 2018012 Kickoff Meeting: Following issuance of a Notice to Proceed, Masteller & Moler, Inc. (MM) shall coordinate the scheduling of a Kickoff Meeting to discuss the specifics of this project. At the Kickoff Meeting, we expect to confirm various design parameters to be applied to the project through a Preliminary Design Statement. The Preliminary Design Statement will contain a Typical Section to be used for the project based on an appropriately selected design speed. It is understood the County will provide the preferred paving cross- section based on the County's geotechnical consultant's recommendation. Route Survey Review: It is understood the County will provide the Route Survey for the project as was the case for the design services we provided for 49" Street / Old Dixie Highway / U.S. Highway # 1 turn lane improvements. Following receipt of the route survey, MM will review its contents in the field to confirm all conditions have been accurately depicted. If necessary, we will coordinate with the County Surveying Department to request additional information that may be needed or is essential for completion of the project design. MM shall use the Route Survey provided by the County to create Base Plans for the project. In preparation for submittal of this Statement of Qualifications, we have visited the project site no less than five (5) times to familiarize ourselves with the apparent existing conditions. The existing corridor generally contains a two (2) lane roadway with Type F curbing along the south edge of pavement and a four (4') wide shoulder along the north edge of pavement. Existing, mostly wood poles supporting aerial utilities are situated extremely close to the north edge of shoulder. Existing Utility Coordination: MM shall coordinate directly with utility providers along the project route to gain appropriate information as to the location of both aboveground and underground existing facilities along the project route. We are aware the route contains County Utilities Department potable water, gravity sewer (designed by MM), Florida Power & Light electric, and various communication providers. The locations for these facilities will be depicted on the Base Plans for the project based on as -built information to be provided by the specific utility providers. Schematic Design Plans Preparation: Utilizing the Route Survey information from the County, MM shall develop a Schematic Design depicting the proposed horizontal alignments for the 45th Street Milling and Resurfacing Project. MM will develop existing cross-sections and superimpose the proposed typical cross- section at each location. Using the drawn sections followed by field review, we will be able to discern what, if any, grading issues may need to be worked out to assure proper transitions to existing grade and clear zones. MM has already completed a detailed onsite review of the field conditions along the project route. As stated above, the existing roadway contains a two (2) lane roadway with Type F curbing along the south edge of pavement and a four (4') wide shoulder along the north edge of pavement. In order to minimize construction costs, we anticipate using an economical Typical Section that maintains the alignment of the existing south edge Type F curb and expands the paving six (6') feet to the north to accommodate the width required to provide two (2) five (5') foot wide bike lanes. The entire roadway will remain sloped to the LMJ MASTELLER & MOLER, INC. M _ CIVIL ENGINEERS - C. PROJECT APPROACH I PAGE 1 37 61`1*, Indian River County 45th Street Millinq & Resurfacin RFQ # 2018012 north. The existing shoulder paving cross-section will need to be analyzed to confirm its structural value. If the structural value is not sufficient, the shoulder pavement section will need to be removed and re- constructed. In order to meet clear zone requirements and to develop a safe corridor, the existing utility poles along the north side of the edge of pavement will need to be moved further north. A new six (6') foot or eight (8') foot wide sidewalk will be proposed with its south edge a minimum of eleven (11') feet from the travel lane, or further if right-of-way limits allow. The above-described Typical Section is based on the assumption the County will have adequate right-of-way for a northerly expansion. There may be locations where guardrail may be recommended between the south curb and the IRFWCD Sub -lateral ditch if the separation distance is deemed not adequate. The Typical Section described above will undoubtedly need to be modified at certain locations, such as along the frontage of Jackie's Food Mart where the proximity of the existing structure is close to the existing 45th Street paved roadway. It is anticipated an urban section will be required at these locations to allow the sidewalk to be placed directly at the curb line to economize space. As stipulated in the RFQ, we shall design appropriate sidewalk landings compatible with ADA codes at the 45th Street intersections with 43'd Avenue and 58th Avenue, as well as at other intersecting local streets along the route. MM has identified several conditions that will need to be dealt with along the project route. Our observations of specific points of interest along the route of the project are presented as follows: A. At the southwest corner of 45th Street and 43`d Avenue, sidewalk exists on the west side of 43rd Avenue and terminates just south of the IRFWCD sub -lateral. As part of this project, we will design for the extension of said sidewalk to connect to the sidewalk crossings to be created at the intersection. The extension of the sidewalk may require the installation of additional storm culverting. Curbing shall be aligned to allow for future extension of a bike lane to the south and north of the intersection. B. On the north side of the edge of pavement there are several locations where drainage swales / ditches exist to close proximity. At these locations the swales / ditches may need to adjusted further north and/or be culverted. C. There are several businesses along the north side of the project route that have wide driveway access connections to 45th Street. If possible, our designs shall provide for improving the access points into said facilities. D. In addition to the utility poles set in close proximity to the north edge of pavement, there are several fire hydrants close to the pavement as well. The fire hydrants will need to be designed to be moved further north to a safe location. E. At the 58th Avenue intersection, the south edge of the eastbound travel lane of 45" Street, west of 58th Avenue is approximately three (3') feet north of the south edge of 45th Street, east of 58th Avenue. Our proposed Typical Section will place the south edge of the east travel lane two (2') feet to the north of the existing south edge of travel lane, west of 58th Avenue. We anticipate modifying a portion of 45th Street, west of 58th Avenue to accommodate a future westerly extension of bike lanes and sidewalk. F. We shall coordinate with the Senior Resource Association to assure the existing GoLine stops along the route are safely integrated into the project. 1m1 MASTELLER & MOLER, INC. rM 1 - CIVIL ENGINEERS - C. PROJECT APPROACH I PAGE 2 W Indian River County 45th Street & Resurfac RFQ # 2018012 MM shall review the proposed locations of improvements to determine if any right-of-way needs to be acquired to support the project construction. The limits of any right-of-way needs will be depicted on the Schematic Design Plans. The Schematic Design Plans will also depict the location for any drainage improvements expected to be required to maintain existing drainage patterns, including culvert extensions and other conveyance systems. It is anticipated the roadway widening and/or the drainage improvements may cause the need for underground utility adjustments. We shall analyze our designs to develop solutions to minimize the need for utility adjustments where possible. Regardless, it is expected certain utility features such as valve boxes, manhole lids, and vaults may need to be vertically adjusted to coincide properly with final design grades. At this stage MM shall confirm the project's permitting requirements with St. Johns River Water Management District (SJRWMD), Indian River Farms Water Control District (IRFWCD), and Army Corps of Engineers (ACOE). As the project involves adding shoulders to an existing roadway which do not include additional full lane additions, it is anticipated the SJRWMD permitting will not involve treatment and / or attenuation of runoff requirements as the project will be eligible for permit exemption. MM shall meet with County Staff to review the Schematic Design Plans to confirm we are on task and schedule. We shall also modify the Schematic Design Plans to incorporate input from County Staff and permitting agencies. Preliminary Design Plans Preparation: Following acceptance of the Schematic Design Plans, MM shall advance the design to a Preliminary Design level. This shall include pre -final horizontal and vertical designs for all roadway widening work, turn lane improvements, drainage improvements, and signalization modifications (if required). In addition, if necessary we shall identify any required utility adjustments that may need to be made to accommodate the project's roadway improvements. MM shall meet with County Staff to review the Preliminary Design Plans to confirm we are on task and schedule. We shall also modify the Preliminary Design Plans to incorporate input from County Staff and permitting agencies. Permitting: Once the design has sufficient detail to describe the proposed work, MM shall initiate the permitting process. We anticipate coordinating with the following non -County agencies to request permits and/or exemptions to authorize construction of the project: St. Johns River Water Management District (SJRWMD) Exemption Indian River Farms Water Control District (IRFWCD) Drainage Connection Permit(s) United States Army Corps of Engineers (USACOE) Nationwide Permit(s) Signal Design Plans: It shall be our goal to minimize or eliminate modifications to existing signals if possible. It is understood if modifications are needed, the modifications will not include upgrading the supports to mast arms. During the Preliminary Design Phase the designs for any required signal modifications at either 45th Street & 58th Avenue (Kings Highway) intersection or 45th Street & 43`d Avenue intersection will commence through the efforts of Brian Good of Kimley-Horn. Brian has performed numerous signal designs in Indian River County and is well aware of the County's Standards. Final Design Plans Preparation: In order to finalize the project design, MM shall revise the Preliminary Design Plans to create the Final Construction Plans containing revisions to address both County review comments and non -County permitting agency comments. It is suggested the Final Plans include notes requiring the selected contractor to video the entire route prior to construction start to document the pre -construction conditions. J MASTELLER & MOLER, INC. iI - CIVIL ENGINEERS - C. PROJECT• APPROACH I PAGE 3 39 ' Indian River County 45th Street d. Expertise & Unique Capability 0 RFQ # 2018012 Masteller & Moler, Inc. as listed previously herein has prepared construction plans for numerous new roadways and expansions to existing roadways including: CR 512 Expansion to Four Lanes (Roseland Road to 1-95), Murrell Road (Viers Development — Wickham to Barnes Boulevard), Powerline Road (City of Sebastian), and IRC 17`h Street SW (west of 27`h Avenue - for Millstone Landing). Masteller & Moler, Inc.'s office is situated directly adjacent to the County Administration Complex. No firm has the ability to respond faster due to our close proximity to County offices. In preparation for this RFQ submittal, we visited the site no less than five (5) times to familiarize ourselves better with the project route conditions. As a result of our headquarters being situated in close proximity to the site, the County can rest assured our familiarity with the route will not be limited by an excessive drive time. Masteller & Moler, Inc. (MM) has assembled a team of specialists to execute this project. MM has the expertise to develop the Roadway Construction Plans for the project. In the event it is determined signal adjustments will be needed to accomplish this project, we will have the direct support of Kimley Horn & Associates. Our attention to detail and creation of clear and concise plans will allow the County to obtain highly competitive bids for this project with little chance for change orders during the project's construction. Our team, which includes Brian Good of Kimley Horn, gives us the most experienced signalization design consultant familiar with Indian River County's traffic signalization standards and operations. MM has worked with Brian on numerous projects over the past decades including Grand Harbor and Indian River Medical Center. As a result of our having performed work for Indian River County for the last thirty (30) years including the Gifford Regional Wastewater Collection System and Pumping Facilities project, we are quite familiar with the County's existing utilities systems along the project route. We have long term relationships with numerous reputable roadway contractors that will be interested in bidding this project. As a result of our relationships, we are able to make certain our designs are cost efficient and are buildable. Often Contractors have excellent ideas as to the best methods to be employed to accomplish roadway construction. We use these relationships to develop construction plans that will allow for competitive bidding and to eliminate or reduce change orders. Community Involvement As stated herein, we performed the Gifford Regional Sewer Project many years ago. During that project's design phase, we were involved in public presentations of the design to the community. Although this project is not as complex, we would be pleased to be involved with such a public outreach plan if deemed needed by the County. INC. M 1 N CIVIL ENGINEERS - d. EXPERTISE & UNIQUE CAPABILITY ( PAGE 1 40 — — — �?' Intlion Rwar County 45n' Sheet MAling g RFQ Resu# Project RFO g 2016012 a ::::::::::5=l::=:CMimiI i Masa/■■/■■■/./■■■/■■.■./■/■■■mmmmmm/mm■■mmmo■ ■/■■■■■//■/■■/mmmmmm■■■//■/■/■■■mmom■/■/■//■■//am/■■■■■mm/ am Sam/.■//■■/■/■//■/■Maly /■//■/■//■■■■//■■//■■■■■/■/■■MIKE / ■ /■■■///■ ism /■// /m■■nn■■■■/il■�■/■■/■/Masa■■ ma a MEN on moms al Mail a so 0 soon so amomenoo-M all 1 0/■ al/m Mass■■■No Masa■/■■/■■■//■■//m1 1C/■//■//■■/Ml mnmM MMM■/■■■M/Mal/ma/■summon//mmmmn/a1/mm■min///M■MMM /1/min Ma■■anMl■aam/m■MN■M/ssmM//■/000ma0■Ma'ni'///m nM M1/mMMmmmmm■/MMM//MMmaMa■MMMmlam■MMMmamosommosm■lMma sus/Mass/m M/amsam/■/Mins n/a NmManm/m/m/■m/mmalmM ■MMM ■nolin■Haan/M/onsom /Mas■�■■a/.soma/■ a/minim ...ON mommon sans.........s na/smiii��mm/mml�llnm/MmalmmmM aMmomlM /■/..lm ///.....■......■ .................■ ■monam■soma■ ■ /M ■/■maaMaa/amMM///m//M/am/// ams■mmmSam ■lin ■/mMnl/ ■mm ///son /min/mama/ l/a Moss/1///Mona/m /assn 1110 lm■a1 mina./m ///maim mamN/Mm/ m0//inMm■n■M■//s ma/a■saMsmaaalonm■ams■■. ■/ammmasm m■//m.■m■MamM/ nommmmme ....M/■■ls! "/almN/N/0Nmseams//0s//M / IMMUNE mnm/ ■/sml San 111001 mom iiiii lm///minlMlNINE asll■/OMENS ■ ammm■mn■M//nlasill./1.0/ 1■/1M■/in n■nsommmmmmmmasc/uml am■mm■mm■mmmasmm/m.smn In mmml//aaa/aa■/s/mo■mmss■/a/■ maM/m MINIMUM /MM • This Prajeded Timeline / SMedWe is Intended to b,Ciude the Projects Major Design Phases WdWing Schematic Design Phase 13D%Mansl, Preliminary Design Phase (90% Oars), Permitting, and Final Design Phase llD Plans). We have A, IdentlRed important cher ejemenfs such as the Kkkoff Maetlng and Preffmira,y Design Statement both of which are essential to set a proper fourMalk, far the entke project. • This s eduk has been coWkted In Ole absence of a required design, permrtdr�g dwadon desired by the Canty. If the project needs to be —49.ed at a faster we, we haw: the ability to —lo -o the dedgn process to meet your scheduled needs r that required by the FXV, Small C—tY OWeat, Program(SCOPI. • "lowing the compktion of the 30%, 90%, and IOD%Pkns, we shag meet wgh County Staff to present the work completed m date and to assure the de,lgn Pragres, Ison schedule. • You wig note we hese Corodaudy shown starting. -in spin, asks once Me of County Commission.. has ".ad Contract fa the projects consolting services. ftb to the No'"to Proceed we Intend to inhiale the Prehminary Design 5tateme0 and Typical D—sedions as well as to dart P"PeraNan of Base Mans ir,duding existing utggies. Thkwig allow us to get a rymp on the prroject W Compress the time of comp tion. . We intend, aswlth all prolects, to start ail tasks as early as Possible In the Plans pr,d,c promm This M-nnent extends W aur sum n,uiknts as wag. We make a point of being diligent upon oursekes as well as our sub<onsuit—, W adhere to the adopted and agreed upon cempleb- xheduk. MASTELLHR6 MOLHR INC 14 Irl - - — 6sgiosera- e. PaDlgcr o Tank) I SOtFOta£ I P,ut 1 41 Indian River County 45th Street f. References & Resurfacin RFQ # 2018012 Masteller & Moler, Inc. is pleased to provide the following municipalities references we have provided similar services for in the last five years. Powerline Road Extension: City of Sebastian Former City Manager and Project Manager Al Minner (Currently City Manager of the City of Leesburg) Phone: (352) 728-9786, extension 1100 Email: CityManager@LeesburgFlorida.gov 49"' Street / US Highway #1 Intersection Improvements (IRC Project No 1412)• Indian River County Former County Engineer Richard B. Szpyrka, PE (Currently Public Works Director) Phone: (772) 226-1379 Email: RSzpyrka@ircgov.com Kimley-Horn is pleased to provide the following municipalities references we have provided similar services for in the last five years. Oslo Roadway Phase I Widening (Includes Phases I & 11 ROW Mapping): Indian River County Utilities Capital Improvements Projects Manager Arjuna Weragoda, PE Phone: (772) 226-1821 Email: AWeragoda@ircgov.com Ocean Drive & Beachland Blvd. Intersection Improvements: City of Vero Beach Public Works Director Monte K. Falls Phone: (772) 978-4870 Email: PW@covb.org & MO M'1 - CIVIL ENGINEERS - f. References I PAGE 1 42 �Nt ING �5. ^' Indian River C d. Disclosure of Relationships & Licenses 45th Street Milli & Resurfacin RFQ # 2018012 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2018012 for 45th Street Pavement Milling and Resurfacing Project — 58th Avenue to 43rd Avenue (IRC 1722) (FDOT SCOP FM No. 434848-1) 2. This sworn statement is submitted by: Masteller & Moler, Inc. (Name of entity submitting Statement) whose business address is: 1655 27th Street, Suite 2, Vero Beach Florida 32960 and its Federal Employer Identification Number (FEIN) is 59-2538792 3. My name is Stephen E. Moler. PE (Please print name of individual signing) and my relationship to the entity name above is Vice President 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister- in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Page 10 of 11 M MASTELLER & MOLER, INC. g. DISCLOSURE & LICENSES I PAGE 1 M CIVIL ENGINEERS 43 Indian River County 45th Street & Resurfaci RFQ # 2018012 X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate or entity STATE OF Florida COUNTY OF Indian River Name of County Commissioner or employee Relationship (Signature) ( Date) The foregoing instrument was acknowledged before me this day ofr_, 201- by_ Stephen E. Moler who is personally know to me r who has produced as identification. M M ,STELLER & MOLER, INC. CIVIL ENGINEERS N NOTARY PUBLIC I SIGN: PRINT: �J/ '^ /ass Notary Public, State at large My Commission Expires: laloq/18 (Seal) CINDY L. BASS Commission # FF 114661 Expires December 9, 2016 ''atf..•' eemanwrropvwN«m+rJ0o4r6�9�! Page 11 of 11 g. DISCLOSURE & LICENSES I PAGE 2 44 Indian River Cou 45th Street Milling & Resurfacing Project RFQ # 2018012 State of Florida Board of Professional Engineers Attests that Masteller & Moler, Inc f Hill � i 1 C Is authorized under the provisions of Section 471.023, Florida Statutes, to offer engineering services to the public through a Professional Engineer, duly licensed under Chapter 471, Florida Statutes. Expiration. 212s12019 CA Lie. No: Audit No: 229201901779 , State of Florida Board of Professional Engineers Attests that Stephen Edwin Moler, , P.E. Is licensed as a Professional Engineer under Chapter 471, Florida Statutes Expiration: 2!26'201in P.E. Lie. No: Audit No: 22x2a1913s95 1( e State of Florida Board of Professional Engineers Attests that Kilnley-Ijorn & Associates, Inc. I- BPL Is authorized under the provisions of Section 471.023, Fiodda Statutes, to offer engineering services to the public through a Professional Engineer, duly iicensed under Chapter 471, Florida Statutes. Expiration: 2/28/2019 CA Lie. No: Audit No: 228201901966 1, State of Florida Board of Professional Engineers Attests that Brian A. Good, P.E. Is licensed as a Professional Engineer under Chapter 471, Florida Statutes Expiration: 2/28/2019 P.E. Lie. No: Audit No: 228201929253 R 511113`) Lj MASTELLER & MOLER, INC. g. DISCLOSURE & LICENSES j PAGE 3 M — CIVIL ENGINEERS — 45 M1 MASTELLER & MOLER, INC. M 1 CIVIL ENGINEERS EXHIBIT "C" February 21, 2018 Mr. William Johnson, PE; Roadway Production Engineer INDIAN RIVER COUNTY ENGINEERING DIVISION 180127 1h Street Vero Beach, Florida 32960 RE: 45th Street Milling and Resurfacing Project 58th Avenue to 43rd Avenue IRC -1722 (FDOT SCOP FM No. 436848-1) Our File #1804 Dear Mr. Johnson: Thank you for the opportunity to offer the expertise and experience of Masteller & Moler, Inc. relative to the above referenced project. Within this Proposal, Indian River COUNTY, the Client is referred to as "COUNTY". Masteller & Moler, Inc. is referred to as "CONSULTANT". CONSULTANT proposes to provide COUNTY with the necessary services to complete the following scope of work: SECTION I - PROJECT LIMITS The COUNTY desires to modify the existing two-lane 451h Street (generally between 581h Avenue & 43`d Avenue) through milling and resurfacing to create a relocated two-lane road with (2) 12' lanes and (2) 5' bike lanes as well as a 6' sidewalk. Within the limits of the roadway project, there will be a dedicated westbound left -turn lane added at the 58th Avenue intersection. Where feasible, the Roadway Plans shall provide for access management improvements at existing commercial operations along the corridor. The Plans shall also incorporate locations for Go -line Stops along the corridor. (No Architectural Designs to be included.) New mast arm signalization improvements are to be provided at the 451h Street / 43`d Avenue intersection to replace the existing span wire systems as well as ADA compliant sidewalk landings at all four (4) corners. Pedestrian movement signal improvements are to be provided to complement the mast arm signal at 43`d Avenue. The existing span wire support signalization at the 45th Street / 58th Avenue intersection shall be modified as needed to support this project. At said intersection, ADA compliant sidewalk landings shall be provided at all four (4) corners to include pedestrian movement signal improvements. No significant paving elevation changes along 58th Avenue are anticipated for this project. To facilitate the roadway improvements, the project will also include piping and filling Indian River Farms Water Control District (IRFWCD) Sub -Lateral A-7 as necessary within the project limits. The culverting of Sub - Lateral A-7 will also require a parallel sloped underdrain system composed of a perforated pipe in rock surrounded by filter fabric. In addition, all culverts crossing under 451h Street shall be designed to be replaced with reinforced concrete pipe (RCP). All associated side street drainage connections will be part of this project. 1655 27td Street, Suite 2 • Vero Beach, Florida 32960 Phone: (772) 567-5300 • Fax: (772) 794-1106 mastmolr@bellsouth.net (1) 46 Indian River COUNTY 45th Street Milling & Resurfacing Project 02/2112018 IRC -1722 (FDOT SCOP FM No. 436848-1) Page 2 of 11 MM File #1804 Utility adjustments to existing Indian River County Utilities water & sewer services are expected and will be part of this project. It is understood the CONSULTANT will use one of the COUNTY's approved continuing service contract geotechnical consultants to perform a geotechnical investigation for this project to be used by CONSULTANT for this project. CONSULTANT shall coordinate with the geotechnical consultant and COUNTY to establish geotechnical scope of services. COUNTY shall pay the geotechnical consultant directly subject to CONSULTANT acceptance of the geotechnical services. In addition, the COUNTY agrees to provide (in a timely manner) the following material, data, or services as required in connection with the work to be performed under this Agreement; all of which information the CONSULTANT may use and reasonably rely upon: A. Provide the CONSULTANT with traffic counts, preliminary data or reports available, existing location surveys, past topographic survey information, and related documents required to complete the construction documents. B. Provide the CONSULTANT with all available drawings, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the project. C. The COUNTY will promptly execute all permit applications necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. D. The COUNTY will reimburse CONSULTANT for all permit fees in an effort to expedite permit application submittals. The PROJECT LIMITS are projected to extend 6,700 feet along 451h Street, 600 feet along 581h Avenue, and 600 feet along 43`d Avenue for a total project length of 7,900 feet (1.50 miles). SECTION II - SCOPE OF SERVICES As agreed upon between ENGINEER and the COUNTY, the ENGINEER shall provide Professional Engineering services to complete all tasks as outlined above as follows: A. Route Survey: As the land surveying provided by the COUNTY was performed in 2008 and is out of date, a new updated survey of the project limits shall be performed by our land surveying affiliate, Masteller, Moler & Taylor, Inc. (MMT). The survey shall be completed on NAVD '88 datum. B. Roadway Improvement Construction Plans: Roadway set of plans shall consist of the following: Construction Plan Sheets (11" x 17" Size) 30% 60% 90% 100% Cover Sheet P C C F Summary of Pay Items - P C F Typical Sections C C C F (2) HMM 47 Indian River COUNTY 02/21/2018 Page 3 of 11 451n Street Milling & Resurfacing Project IRC -1722 (FDOT SCOP FM No. 436848-1) MM File #1804 Summary of Quantities & General Notes - P C F Summary of Drainage Structures Sheets Project Layout C C C F Plan and Profile Sheets (1" = 40' scale)(including Ditch & Sidewalk Profiles) - C C F Intersection Plan & Details - P C F Special Details - P C F Drainage Structure Sheets - P C F Roadway Soil Survey C C C F Cross Sections at 100 ft Intervals - P C F Erosion Control/ SWPPP - P C F Signage & Pavement Marking Plans (40 scale double plan) C C C F Signalization Plans - C C F Construction Cost Estimate & Quantities - C C F Notes: P = Preliminary; C = Complete, but subject to change; F = Final The plans will be prepared based upon English units. Design will be conducted in AutoCAD. The following additional data shall be utilized for development of the plans: 1. The Roadway Plans will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets; 2. The Roadway Plans shall be based on a design speed of 40 MPH with a posted speed limit of 35 MPH; 3. Roadway Plan sheets shall depict existing rights-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length, and horizontal PI's shall be included on the Plan or summarized in an alignment table; 4. Roadway Plans shall include spot grades adequate to describe any proposed grading; 5. Match lines shall not be located within the limits of an intersection; 6. Soil boring information (to be provided by the COUNTY) shall be plotted on cross sections with soil classification and high season water table; 7. All quantities shall reference FDOT Pay Item Numbers; 8. All details shall reference FDOT Index Numbers; 9. All specifications shall reference COUNTY and/or FDOT Specifications for Road and Bridge Construction. Any deviations from COUNTY and/or FDOT Specifications for Road and Bridge will be noted and clarified in the Technical Specifications on the Construction Plans; 10. 10% Submittal shall include Sub -lateral A-7 existing storage volume computations for the County's use in determining whether or not compensating storage will be required for piping of (3) M M 48 Indian River COUNTY 02/21/2018 Page 4 of 11 451 Street Milling & Resurfacing Project IRC -1722 (FDOT SCOP FM No. 436848-1) MM File #1804 the existing sub -lateral and submittal of a Request for Verification of An Exemption to the SJRWMD; 11. 30%, 60%, 90%, and 1009,o'Submittals shall include the following: L Two (2) Sets of Signed & Sealed Final Plans (only). ii. One (1) Opinion of Probable Construction Cost (90%/ 100%) iii. One (1) CD with Drawings in PDF Format & CADD. iv. The CONSULTANT will provide construction documents and calculations in sufficient quantity as required by the various reviewing agencies. C. Drainage Analysis and Plans: 1. It is anticipated no treatment and/or attenuation analysis is required for this project as the roadway improvements portion of the project falls under St. Johns River Water Management District (SJRWMD) 62-330.051(4)(c) Exemption Criteria. In the event treatment & attenuation computations are required by the SJRWMD for this project CONSULTANT shall perform the computations based on an off-site parcel of land to be selected by COUNTY. 2. It is understood the IRFWCD will provide both the pipe size and invert elevations for the piping of Sub -Lateral A-7; therefore, no pipe sizing computations will be required for this project. Consultant shall provide the design for structures and the parallel underdrain system. Consultant shall, however, develop existing storage volume computations for Lateral A-7 for use by the COUNTY for determining whether or not compensatory storage volume will need to be developed to offset loss of storage caused by piping of the Sub -lateral. The existing Sub -lateral A-7 storage computations described in this paragraph shall be provided as part of the 10% Submittal for this project. 3. Roadway swales and all storm sewer pipes crossing 45th Street to be included with this project. All non -RCP within the Indian River County right-of-way shall be replaced with RCP. RCP Culvert Cross - drain Replacements shall be sized to carry a 4" per hour flow rate. 4. A Stormwater Pollution Prevention Plan (SWPPP) will be developed in conjunction with this project. The site specific SWPPP is a requirement of both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities and the FDEP Generic Permit for Stormwater Discharge from Large and Small Construction Activities. 5. Erosion & Sediment Control Plans/ Notes D. Jurisdictional Permitting: The CONSULTANT shall prepare and submit permit applications forthis project to the following agencies: (4) M M 49 Indian River COUNTY 02/21/2018 Page 5 of 11 45th Street Milling & Resurfacing Project IRC -1722 (FDOT SCOP FM No. 436848-1) MM File #1804 1. Indian River Farms Water Control District (IRFWCD): For piping of the IRFWCD Sub -Lateral A-7 and RCP culvert replacement drainage connection(s). This scope does not include permitting for any off-line compensatory storage system if determined required. (If required, the permitting of the off-line storage facility will be handled as an Additional Service.) 2. St. Johns River Water Management District (SJRWMD): It is understood the roadway improvements including the piping of Sub -Lateral A-7 is exempt from SJRWMD permitting. The Consultant shall request documentation from the SJRWMD confirming the roadway improvements, including piping of Sub -Lateral A-7, are eligible for a Permit Exemption as part of the 10% Submittal Phase for this rp oiect. U.S. Army Corps of Engineers (USACE): The closure of IRFWCD Sub -Lateral A-7 will require an USACE permit. Our services will include preparation of the permit application for said work. The Consultant shall prepare permit sketches for submission to USACE for dredge and fill activities on 8.5" x 11" sheets. Sketches shall be neatly scaled, signed & sealed, and reproducible. The Consultant will prepare and submit the application package to the USACE. The application package includes the USACE standard forms and a compilation of supplemental materials such as permit sketches. The Consultant will coordinate on the behalf of the COUNTY with each agency identified in this task. This may include up to two (2) meetings with the agencies to discuss requests for additional information (RAI), and written responses to two (2) RAls including plan modifications. This scope assumes that environmental mitigation measures will not be necessary or required. This scope assumes that no biological assessments will be required for this project. In any event, coordination relating to threatened or endangered species issues will be responded to by the COUNTY's Environmental Department. Permit application submittals will be made subsequent to the 60% plan set submittal approval by the COUNTY. E. ming and Pavement Markings Plans: Signing and Pavement Markings Plans shall include: Separate Plan Sheets shall be made for Signing and Pavement Markings. Preparation of the plan layout, quantities (including signing and pavement marking quantity) and tabulation of quantities. All plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design, drawn at the same scale as the Roadway Plans, and furnished in reproducible form. Plans will be included with the Roadway Plans and submitted as indicated above. F. Utility Coordination/ Water & Sewer Service Adiustments: The Consultant will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. This includes coordinating with the COUNTY's Information Technology (I.T.) and Utilities Departments. Specifically, we shall perform design services for the adjustment of twenty-six (26) existing water services serving properties on the south side of 45th Street between 58th Avenue and 43d Avenue. An adjustment design shall also be prepared for an existing private force main service serving a property on the south (5) M M 50 Indian River COUNTY 02/21/2018 Page 6 of 11 45t' Street Milling & Resurfacing Project IRC -1722 (FDOT SCOP FM No. 436848-1) MM File #1804 side of 451h Street. Water valve, water meter, and sewer manhole adjustments are also included within this project. Unless otherwise specified above, any utility permitting and relocation design required to accommodate the proposed improvements will be addressed as an additional service relative to this scope of work. This scope of work does not include any design services for adjustment of water mains and /or force mains other than as described above. G. Signalization Plans: Mast arm traffic signal configurations at the 45th Street / 43rd Avenue intersection and span wire supported signal modifications at the 45th Street / 58th Avenue intersection will be designed to meet (applicable) current COUNTY and FDOT standards. The pole analysis and design of the signal systems will be completed and submitted to COUNTY for review. Signalization Plans will be included with the Roadway Plans and submitted as indicated above. SECTION III -TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately 130 working days from the Notice to Proceed (NTP). 1. Project shall be completed as follows: Task Working Days Upon BOCC Approval Route Survey 40 following NTP IRFWCD A-7 Ex. Storage Comp. /SJRWMD Permit Determination (10%) 15 following NTP Schematic Submittal (30% Design Plans) 30 following 10% & Survey* Preliminary Submittal (60% Design Plans) 60 following 30% Complete Submittal (90% Design Plans) 20 following 60% Final Submittal (Final Design Plans) 20 following 90% *It is acknowledged by both parties CONSULTANT shall not proceed with 30% Schematic Design services until COUNTY has established and agreed to IRFWCD Sub -Lateral A-7 compensatory storage requirements. 2. Deliverables —The ENGINEER shall provide the COUNTY: a. IRFWCD A-7 Ex. Storage Computations/ SJRWMD Exemption Determination (10%) 2 Sets b. Schematic Construction Plans (11"x17") (30%) 2 Sets c. Preliminary Construction Plans (11"x17") (60%) 2 Sets d. Final Construction Plans (11"x17") (90%) 2 Sets e. Bid Ready Construction Plans (11"x17") (100%) 4 Sets f. Permit Application Forms As Required g. Related digital AutoCAD and PDF files (6) Indian River COUNTY 02/21/2018 Page 7 of 11 SECTION IV - COMPENSATION 451 Street Milling & Resurfacing Project IRC -1722 (FDOT SCOP FM No. 436848-1) MM File #1804 The COUNTY agrees to pay, and the ENGINEER agrees to accept a maximum not -to -exceed amount of $ 308,000.00 for the above-described services rendered inclusive of expenses as identified in Sections I and II based on the following: Task Route Survey Sub -lateral A-7 Existing Storage Computations Roadway Construction Plans Drainage Analysis and Plans Treatment & Attenuation Analysis (If required) Erosion Control and SWPPP Jurisdictional Permitting Signing and Marking Plans Utility Coordination / Water & Sewer Service Adjustments Signalization Plans Fee $ 33,500.00 $ 8,000.00 $ 126,000.00 $ 12,000.00 $ 15,000.00 $ 6,000.00 $ 6,000.00 $ 18,000.00 $ 23,000.00 $ 57,500.00 Project Total $ 305,000.00 Reimbursable Budget (excluding permit fees) $ 3,000.00 Total Project Fees $ 308,000.00 CONSULTANT shall invoice monthly for these services based on the percentage of completion of each task. All and/or any "Additional Services" not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the CONSULTANT or based upon a negotiated lump sum. GENERAL CONDITIONS In addition, the following items are stipulated: a) Application Fees Any and all application fees required by permitting agencies will be paid for directly by the Owner/Client. b) Scope of Work The scope of work as outlined above is based on our estimate of the normal engineering and design services necessary. However, should the need arise for additional engineering design work by virtue of revisions or redesign required by you or any governmental reviewing agencies having jurisdiction, then additional billing will be based on the fee schedule included hereinafter under item (h), or this Contract can be renegotiated to the satisfaction of both parties. c) Payment of Fees Payment of all fees for services rendered shall be paid within thirty (30) days of billing. This project and the anticipated fees are predicated upon the prompt and continual satisfaction of our monthly invoices. (7) M M 52 Indian River COUNTY 45th Street Milling & Resurfacing Project 02/21/2018 IRC -1722 (FDOT SCOP FM No. 436848-1) Page 8 of 11 MM File #1804 Commencing on the thirty-first day, interest shall be added to the unpaid balance at the rate of one and one- half percent (1-1/2%) per month or a total of eighteen percent (18%) per annum. In the event that the matter of delinquent payments shall be turned over to legal counsel for collection, legal fees, costs and recording fees incurred for collection shall be added to the outstanding amounts due. d) Release/Reuse of Documents All documents including drawings, disks, specifications and reports prepared or furnished by Masteller & Moler, Inc. (Engineer) or Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in respect of the Project and the Engineer shall retain all Ownership and property interests therein, whether or not the project is completed. To that end, Engineer may exercise his right to execute a copyright notice upon any document prepared by Engineer in connection with this project. All original documents shall remain the sole property and in the sole possession of Engineer. Owner/Client will be provided and may retain copies of said documents for his use and information; however, said documents are not intended or represented to be suitable for reuse by Owner/Client or others on extensions of the project or on any other project. Any reuse without express written verification or adaptation by Engineer for the specific purpose intended, will be at Owner's/Client's sole risk and without liability or legal exposure to Engineer or to Engineer's Independent Professional Associates and Consultants. Owner/Client shall indemnify and hold harmless the Engineer and Engineer's Independent Professional Associates and Consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. e) Release/Reuse of Electronic Data All electronic data including drawings, specifications and reports prepared or furnished by Masteller& Moler, Inc. (Engineer) or Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in respect of the Project and the Engineer shall retain all ownership and property interests herein, whether or not the project is. completed. To that end, the Engineer may exercise his right to withhold the release of any electronic data and evaluate each request on an individual basis. Any Release/Reuse of Electronic Data agreed upon by the Engineer shall automatically be encumbered by above stated Item (d) Release/Reuse of Documents. f) Limitation of Liabilitv The Owner and Masteller & Moler, Inc. have considered the risks, rewards, and benefits of the project and the Engineer's total fee for services. Risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law, the Engineer's liability to the OWNER for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes shall not exceed the total fee received for the project. Such causes include but are not limited to the Engineer's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. Pursuant to Florida Statute § 558.035, an individual employee or agent of Masteller & Moler, Inc. may not be held individually liable for damages resulting from negligence occurring within the course and scope of professional services rendered under this professional services contract. g) Engineers certification Definition "Certification" shall mean a statement signed and/or sealed by a professional engineer representing that the engineering services have been performed by the professional engineer, and based upon the professional engineer's knowledge, information and belief, and in accordance with commonly accepted procedures (8) M M 53 Indian River COUNTY 45« Street Milling & Resurfacing Project 02121/2018 IRC -1722 (FDOT SCOP FM No. 436848-1) Page 9 of 11 MM File #1804 consistent with applicable standards of practice, and is not a guarantee or warranty, either expressed or implied. h) Additional Work Performed Any and all work performed, other than that expressly delineated within this general contract, shall be billed at the following job classification and rates, as applicable: Principal of Firm $ 175.00/hr. Professional Engineer (PE) $ 150.00/hr. Professional Surveyor $ 140.00/h r. Project Manager $ 125.00/hr. Field Crew Project Coordinator $ 100.00/hr. CAD Draftsperson/Designer $ 100.00/hr. Field Crew $ 125.00/hr. Project Field Representation (Inspector) $ 80.00/hr. Administrative (Typing, etc.) $ 70.00/hr. No such work shall be undertaken, except upon receipt of verbal or written authorization of Owner/Client. i) Representations Relating to Work Performed The plans, designs and documents which are subject to this contract shall be prepared in a professional manner consistent with the profession's "Normal Standard of Care." Nevertheless, no representations or warranties are made as to the success, approval or the issuance of permits on any application submitted by Owner/client based in whole or in part upon the plans, designs, or documents prepared by Masteller & Moler, Inc. Backcharges will not be accepted by Masteller & Moler, Inc. unless we provide written agreement covering all corrective action and the total amount of the backcharge necessary to accomplish the corrective action. j) Reimbursables 1) Print Costs All photo copies, prints and facsimile transmissions will be billed at the following rates: Photo copies 8%" x 11" $0.25/sheet; photo copies 8%" x 14" $0.35/sheet; photo copies oversized $0.50/sheet; blue line prints $0.333/SF; reproducible sepias $0.75/SF; reproducible mylars $4.40/SF; facsimile transmissions 8%Z"x 11" $1.50/page, 8Y2" x 14" $1.75/page, and CD's $10.00. 2) Miscellaneous -Express Mail, Telephone, Travel If at any time information must be transmitted by express mail, these charges will be included on your monthly invoice at actual invoice cost. In addition, reimbursement for expenses such as telephone, travel, hotel, meals, etc. will be at actual costs incurred. k) Price Guarantee Prices quoted are firm for sixty (60) days from the date of this proposal. 1) Compliance with Agency Regulations All work will be performed in accordance with appropriate City, COUNTY and State regulations relative to the proposed project. (9) M M 54 Indian River COUNTY 02/21/2018 Page 10 of 11 m) Assignment and Termination 45'h Street Milling & Resurfacing Project IRC -1722 (FDOT SCOP FM No. 436848-1) MM File #1804 While binding upon the parties, their successors or assigns, this Contract may not be transferred or assigned without the written consent of both parties. Owner/Client or Engineer shall have the right to terminate this Contract for any breach hereof after ten (10) days written notice. Should you exercise the right to terminate this Contract after ten (10) days written notice, Masteller & Moler, Inc. shall be compensated for services performed and expenses incurred to termination date. We thank you for the opportunity to offer the services of our firm and look forward to working with you. Sincerely yours, MASTELLER & MOILER, INC. By Stephen E. Moler, PE Its Vice President SEM/cab file #1804 (1804_Contract_18-0221.docx) (10) Indian River COUNTY 02/21/2018 Page 11 of 11 MANHOUR FEE TABULATION INDIAN RIVER COUNTY PROJECT # 1722 45TH STREET MILLING & RESURFACING PROJECT ENGINEERING DESIGN & PERMITTING SERVICES 451h Street Milling & Resurfacing Project IRC -1722 (FDOT SCOP FM No. 436848-1) MM File #1804 2/21/2018 $ 305,000.00 M M 56 Principal / PE QA/QC Project Mgr ACAD Designer Administrative TASKSEstimated $175.00 $125.00 $700.00 $70.00 Proposed Fee Hour Amount Hours Amount Hour Amount Hours Amount Fee Route Survey $ 33,500.00 Sub -Lateral A-7 Storage & SJRWMD Permit Exemption Determination 20 $ 3,500.00 $ - 40 $ 4,000.00 8 $ 560.00 $ 8,060.00 $ 8,000.00 Roadway Construction Plans 280 $49,000.00 120 $15,000.00 600 $60,000.00 40 $ 2,800.00 $ 126,800.00 $ 126,000.00 Drainage Analysis and Plans 36 $ 6,300.00 12 $ 1,500.00 40 $ 4,000.00 12 $ 840.00 $ 12,640.00 $ 12,000.00 Treatment & Attenuation Analysis 40 $ 7,000.00 12 $ 1,500.00 40 $ 4,000.00 40 $ 2,800.00 $ 15,300.00 $ 15,000.00 Erosion Control & SWPPP 12 $ 2,100.00 4 $ 500.00 36 $ 3,600.00 0 $ - $ 6,200.00 $ 6,000.00 Jurisdictional Permitting 16 $ 2,800.00 $ 32 $ 3,200.00 12 $ 840.00 $ 6,840.00 $ 6,000.00 Signing & Marking Plans 32 $ 5,600.00 40 $ 5,000.00 80 $ 8,000.00 0 $ - $ 18,600.00 $ 18,000.00 Utility Coordination /Water 8 Sewer Adjustments 32 $ 5,600.00 40 $ 5,000.00 120 $12,000.00 12 $ 840.00 $ 23,440.00 $ 23,000.00 Signalization Plans $ 57,500.00 $ 305,000.00 M M 56 Y6, CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: March 5, 2018 SUBJECT: Approval of Amendment to the Florida Blue Administrative Services Agreement Exhibit "B" Reducing the Administrative Service Fee from $51.50 to $50.00 PEPM for the Period October 1, 2017 through September 30, 2018 BACKGROUND: The Board of County Commissioners approved an agreement effective October 1, 1996 with Blue Cross and Blue Shield of Florida, Inc. to provide administrative services with respect to the Group Health Plan. The agreement was amended on the following dates: October 1, 1998 October 1, 2008 October 1, 2015 October 1, 2001 July 1, 2010 January 1, 2017 October 1, 2003 May 1, 2013 The administrative service agreement with Florida Blue included compensation for the County's prior benefit consultant/broker, Gehring Group. This amount was $1.50 pepm. Effective October 1, 2017 Lockton Companies was selected as the new benefits consultant/broker and compensation for the consultant/broker is now paid quarterly as a flat fee. The total annual fee is $89,500 per year. The attached amendment to Exhibit "B" reflects a reduced administrative fee to Florida Blue from $51.50 pepm to $50.00 pepm removing the consultant/broker compensation. ANALYSIS: There is no additional cost associated with this amendment. RECOMMENDATION: Staff recommends the Board approve the amendment to the Florida Blue Administrative Services Agreement Exhibit "B" reducing the administrative service fee from $51.50 to $50.00 pepm for the Period October 1, 2017 through September 30, 2018 and authorize the Chairman to sign the revised agreement. 57 AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENT THIS AMENDMENT, entered into on March 13, 2018 is by and between Blue Cross and Blue Shield of Florida, Inc. d/b/a Florida Blue (hereinafter called "Florida Blue") and Indian River County Board of County Commissioners (hereinafter called the "Employer"). In consideration of the mutual and reciprocal promises herein contained, the Administrative Services Agreement between Florida Blue and the Employer (hereinafter "Agreement") effective October 1, 1996 is amended as follows: Section I, subsection 1.1, establishes the term of the Agreement until September 30, 2018 unless the Agreement is terminated earlier in accordance with the terms of the Agreement. 2. Exhibit B to the Agreement is hereby amended, effective October 1, 2015. The revised Exhibit B is attached to this Amendment and replaces the Exhibit B previously attached to the Agreement. 3. Except as otherwise specifically noted in this Amendment, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, this Amendment has been executed by the duly authorized representatives of the parties. BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC. D/B/A FLORIDA BLUE By: Title: Date: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Title: Date: EXHIBIT "B" to the ADMINISTRATIVE SERVICES AGREEMENT between BLUE CROSS AND BLUE SHIELD OF FLORIDA. INC. D/B/A FLORIDA BLUE and INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS FINANCIAL ARRANGEMENTS Banking Arrangement Effective Date. The effective date of this Exhibit is October 1, 2015. II. Bank Account. The Employer agrees to establish a bank account prior to the effective date of this Agreement, in its own name, at the bank designated by Florida Blue. The Employer authorizes Florida Blue to write checks on the bank account in order to pay claims pursuant to this Agreement. The Employer agrees to maintain the bank account and the reserve amount as set forth below. The Employer shall be responsible for the reconciliation of its bank account, based on information and reports provided by Florida Blue and the bank. III. Special Banking Information. A. Name of Employer (as it is to appear on the checks) - no more than 25 characters: INDIAN RIVER COUNTY B. Employer Bank Account Reference Number - 5 characters: 10047 C. Reserve Requirement: $108,000 D. Funding Frequency: Daily E. Method of Funding: ACH -1- 59 IV. Administrative Fees: A. Administrative fees during the term of the Agreement: $49.95 per enrolled employee per month from October 1, 2015 through September 30, 2017. $50.00 per enrolled employee per month from October 1, 2017 through September 30, 2018. B. Administrative fees after the termination of the Agreement: 15% of claims paid. C. Florida Blue will pay Employer a $50,000 wellness contribution upon the Board's approval of renewing this Agreement, for any wellness related initiatives or activities; Florida Blue will pay an additional $50,000 wellness contribution on October 1, 2015, for a total of $100,000. V. Late Payment Penalty A. A daily charge of .00038 times the amount of overdue administrative fees. VI. Expected Enrollment A. The administrative fees and reserve requirement referenced above are based on an expected enrollment of: 1,500. B. If the actual enrollment is materially different from this expected enrollment, Florida Blue reserves the right to adjust the administrative fees and the reserve requirement as set forth in the Agreement. IN 60 s IN JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of ('ircuit Court k Comptroller Finance Department 1801 27`x' Street Vero Beach. FI. 32960 TO: I IGNORABLE BOARD Ol- (()[ VI Y COMMISSIONERS FRC)ti1: FI.ISSA NAGY, FINANCE DIRL;CTOR TfIRt': SMITII. CON'll"FROLLER DA FF,: March 1, 2018 SUBJ11"I': APPROVAL 01. CI IFCKS AND ELECTRONICPAYMI N I'S Februare 23. 2018 to March 1, 2018 In compliance mth Chapter 136.06, Florida Statutes. all checks and electronic payments issued by the Board of Countti Commissioners are to he recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments. issued by the C'omptroller's office, for the time period of February 23, 2018 to !March 1. 2018. 61 CIII;CKS WRI.I_-1.1 N TRANS NBR D,id'E VENDOR AMOUNT 364167 02123%2018 PETTY CAS 11 30.00 364168 02 2(1:2018 LAURA YONKERS 2,201.62 364169 03 01 '018 ORANGF: COUN-I Y HOUSING & ( 1) 651.73 3641-0 03 01 2018 VER(') BEACH EDGEWOOD PI .A(1: 1_1) 524.00 36411 03 01 2018 (IRMTS I .ANDING LTD 9.085.1)0 3641'2 03 01 2018 LINDSIY GARDENS LTD 6,4(x3.00 3641,3 03 01 2018 BRYAN D BLAIS 343.00 364174 03 Of 2018 W11-1,11 ( RCAGAN 445.00 364175 03,01'2018 RIVER PARK ASSOCIAI ES ITMI I ED 14,627.00 364176 0301/2018 RICIIARD C TIIERIFN 444.00 364177 0301 2018 CREATIVE CHOICE HOMES XVI LII) 10,766.00 3648 1 03 O1 2018 DAV11) YORK 5.)1.00 364170 03 111 'O1 S ST FRANCIS MANOR 01: VFRO BEACH '72.00 3641SO 03 ))1 2015 C1IY OI VERO BEACLI 29.00 364151 03 nl 201S TREASURE COAST HOtiIl-l+SS SFRVK FS 831,00 3641S-2 03 01 2018 FLORIDA POWER AND LIGHI 100AO 364183 01 01 2015 A ENE"I-IAN APARTMENTS 01V1-;RO BEACH 390.00 364154 03 01,2018 PIN'NAC'LF GROVE LTD 7,547.00 364185 03%012018 VERO CLUB PARTNERS 1-11) 9,924.00 364186 03 01 20 18 DAVID SPARKS 383.00 36.3187 03 01 2018 INDIAN RIVER COUNTY I10[;SIN((ALl" FITORITl 116.00 364]SS 0 3 01 2) IS INDIAN RIV'F.R COUNTY 11()USING ;AUTHORITY 336.00 364159 03 01 _2014 INDIAN RIVLR (OUN I Y HOUSING AL;THORI I Y 3,0.00 36.4191) 03 O1 21,14 INDIAN RIVER COUNTY HOUSING ALTFI0RITY 5x;0.00 364191 03 1)1 2(114 INDIAN RIVFR COUNTY 110USIMi ALTIIORI"I""Y 5167.110 364192 03 01 2(i 18 INDIAN RIVER COUNTY HOUSING AUTHORITY 659.)0 304193 01 01 2015 CRAICI MERRILL 1.482.00 364194 01,01 2018 C'HRISTINI: SAIL -FR 483.00 364195 03 Of 2015 HAGGI:RIY I- AAIILY L I -D 369.00 364196 03 01 2018 SUNQUEST INC 4,635.00 364197 03 111 _'i' 1 S FHI PAI AIS AI VLRO BEACH I2,996.00 364198 C13 O1 2('lS FFLI.SA1FRF: COXIM ENRICH\IFNI PROGRAM[ INC 532.00 36.3199 O3 O1 21; IS DAVID LONDON 0132.00 364200 03 01 2(118 HILARY MCIVOR 555.00 364201 03 i)1 2015 P.AUI A LANE 450.00 36420_' 03 01 2018 PELICAN ISLES LP 8,263.00 364203 03'01 2018 KAIF'TYSON LYONS 334.00 364204 03 01 2018 SUNCOASI REALTY K RLMAI Nl(j%l ILLC 4,314.00 3642()5 0301 2015 OAK RIVER PROPERTIES INC 244.0() 364206 03 01 -11) IS SONRISI V1L1 AS 1-1-1) 2,204.U0 364207 0 01 2015 ADINA(iOI DMAN 7-1_'.00 364'08 01 01 2014 INDIAN RIVER RDA LP x.104.00 364'09 03 ()1 _201 S RICHARD 1. DAVENPORT 494.00 36421.) 01 ()1 2018 GFORGL IIIUYNS 565.00 364211 03 01 2018 LA/Y .1 LLC 1.347.00 364212 03'01.2018 SYLVIAYICNF:ILL 719.00 364213 03 01 2018 SKOKIF HOLDINGS INC 426.00 364214 03 O1 201S ROGL:R WINSLOIA 492.00 364215 03 01 2018 OSLO VAI I FY PROPER'I'IFS IN(' 155.00 364216 03 of -lo IIs' SAID S M0013ARK 1,31'_110 36421 03 01 2015 LINDSFY 0ARDI NS 11 I:TD 5.0-100 364218 03 01 2014 AN II IONY ARROYO 653.00 364219 03 01 201 S AHS HOLDINGS GROUP I.1 ( 3.195.00 364220 03 Of 2018 DANIEL ('ORY MARTIN 732.00 364221 0301 2018 YVONNE KOU I SOFIOS 358.00 364222 03 Of 2018 ALAN R TOKAR 613.00 364223 0301 2018 VERO BEACH VILLAS 1 11 c 462.00 364224 03 01 201 x BRIAN F (lAI I AGFIFR 540.00 62 TRAN'S NBR DATE VENDOR :A�tOUN'I' 364225 01 01 2018 HOUSINGAU I LIORLTY 766,73 364226 03;01 2018 STEPHANIE tiV.1TC'IIEK FOl_iNI;AIN FRUST 24100 364227 03 01 i201 8 SCOTAVII KI; 501.00 3642_'8 03M '2018 THEODORE BAR10SILAVI('L 505.00 364229 0301 _'OTS FOUNDATION I-ORAFFORDABI 1 RENLAL. 20,811,00 364230 O3 01 2018 RIC'IIARD KUSSFROW 573 00 3642;1 03 01 2015 ARL JAY INVI SEMEN FS OF INDIAN RIVER C'OUNFY 1', 41,9.00 36423_' 03 O1 2018 SONRISF VILLAS lI LLC 6nl 00 364233 03 til 2015 JOIIN I SIAN I FY 755.(0 364234 0301 _'01 S CSMA SI R HOI DINGS 11-1 11 0,86.00 364235 03 01 2018 %VEDGI AVOOD RENTALS Il C 1.575.00 31142311 0301 2018 ALIMA LL1C'KF:I T 852.00 364237 03 01 2018 LIVE: OAKS REALTY INC' 570.00 364238 03 01 2018 I131S GARDLNS APTS LLC' 4'5.00 364239 03 O1 2018 NICLAU6111,IN PROPERIIL.S I C S92.U0 36424() 03 (?i 20 IS JOYCE BODANZ_A 552.(}iJ 364241 03 of 2015 NiYRIANI NTE► FNI DEZ 460.00 364_142 03 (11 2018 %VAI SON RF AI TY GROUP 1.911-1.00 364243 03, () 1 21)18 13OR-1 C'ONSOLID:ATED INC 10.349.50 364244 03 01 2018 JORDAN %,IMVL.R INC' 369.07 364245 03'01 2018 COMMUNICAFIONS INTERNAIIONAI 18,760.92 364246 0301 2018 TLN-8 DIRE EQUIPMENT INC 2,663.75 36424' O 3 O 1 201 S RANGER C ONS'l RUCTION INE) INC 1.045.83 364245 U3 OI 2018 VFRO C11I NIIC'AL DISTRIBUI ORS INC' 355.12 364249 113 01 2PIS RIC 0I USA INC 162.98 364250 0, i 1 2t IS SALE: I Y PRODUCTS INC 3 3,54 364251 03 01 2(i 1 S AT T WIRL:LESS 2,6 i 4.42 364252 iia (112 t. D:1"I \ 1:1 OW S1'S LEMS IN( :.677.94 364253 03 01 'OTS 13 (; KI NN INC 62.79 364254 03 01 2018 L.-I_ BRI-W ('01FEF: & BO I I'l L 1VAIFIR SVC 44.45 364255 03012018 GRAIN(jFR 298.32 364'56 0101 21:)iS KLI LY I RA('TOR CO 5,605.66 364'_57 03 (1 '015 S-\FF I Y KLEEN SYSTEMS INC 1.206.60 364258 03 ul 2+)15 GR:AYBAR I1_I (TRIC' _'61_-4 364250 03 +)1 'O IS MY RI (TH IONISI INC' 364260 +)3 ril 2M1 ' AMERRIAS VAGLL PROPANI, LP 149.00 364261 03 01 2018 IIACII C() 316.92 364262 03 01 2018 Ill FORT PIFIWF INC 1,301.13 364263 03 M 2018 C 11-F BERRY INC 305.50 364264 0301'2018 ALLIED 1ITVTRONICS INC 440.00 364265 03 01 2015 KSM FNGINEI RING & TFSI ING INC 750.00 36426, 03 O1 _'015 BOUND "LREF NILDICAL LLC' 23.073.SS 36426' 03 01 201 S PL LETS CON('RETF 85000 364265 03 O l _'O1 t VERO INDUS I RIAL SUPPLY INC -4.74 364269 03 01 2015 I IRFSOLFS OF BROAVARD INC _'. 92.24 304 270 03 M 2018 ARMI-IHLD WAGNER APPRAISA1 AND RESEARCH INC 2,700.00 364'_71 03 M 20IS DELI MARKS LINO LP 395.00 364272 0301:2018 '11 IF (IOODYFAR "TIRE K RUBBIR 0)INIPANY 602.16 364273 03 01 2018 BLAKFSI.I'I: SERVICES INC 65.00 364274 03 01 201S BAKER & 1AYLOR INC 714.45 3642"5 03 01 2018 MIDAVI S1 LAPL LLC 065.55 364270 0101 2018 HL'IDSON P1.'MP S I:QUII'NiLN1 '.Ic300 3642" 1 O1 2015 MICRoMARKL:IING LLC` 34.91 3642,5 O3 01 _'OTS Cl NO.Vil I I ARNING INC 537.13 3642''9 O3 01 20I S PALM I RUCK CENTERS INC 2.602.54 3114280 O's 01 2018 PENWORIIIY(O1MPANY 536.99 364281 01 012018 GO COAS IA1 INC 556.75 364282 0301 2018 1INDALI -()LIVER h ASSOC'I:AI FS INC' 7,596.26 364283 (13 01 2018 CTFRK OF CIRCUIT COU'R1 150.00 364284 03 01 2015 (T RK 01 CIRC 'l L COURT 1.508.00 63 FRANS MIR DATE; VENDOR AMOUNT 364255 03 01 ZOIS CI FY OF VFRO BFACI-1 14,173 84 364286 0301 20IS INDIAN RIVLR AEI_. FAB INC 1,82S.50 364287 03 01.2018 FERGUSON ENTFRPRISF:S INC 1,445.76 164288 0301 ?OIS LI VI NGS FON P.AOF 144.00 364259 03 01 2018 111. AIANL SOCILFY 19,1 10.00 364290 03 01 20IS ARTHUR J GA1I.AGIIFR RISK MGM I Sl RV' INC 2,05100 364291 03 01 2018 ACUSIINET COMPANY 165.61 364292 03'01 '201S C'UI:TURAI. COUNCIL OF IRC' 10.072.50 364243 0' O1 2018 ('11 OSYNTLC CONSUL ANTS INC 1,016.14 3642,,4 03, 01 2015 SII AILNS INDUSTRYINC' i '78 0O 364295 0101 20 18 TIMOTHY RC)SI CONTRA( I INC[ IN( 40,713.55 364296 03'01 2015 VE.Ito HERITAGE INC 5,701.00 364297 0301 2015 C:ALL:AWAY GOLF SAI LS COMPANY 2,575.49 3642(+'S 1) 3 01 2t I IS SUBS I:ANC*L A\VARENESS COUNCII ()F IRC INC 3.OSS 00 364249 03 01 2018 FL()RIDA POWER ,AND LIGHT 24.6'7.86 364Y0 03 01 2018 FLORIDA PC)\VER AND I 161 IT 19,279?7 36431;1 03-'012018 1 1.ORIDA BLUE. 6.00000 36431:2 03 Ol 21'18 AMI:RICAN PI ,ANN1N(:ASSOC'IA1ION 70.00 3643,3 0.101 2( 1S WAS ILMANAGEM NI INC 3,6.0-1.21) 3643114 03 01 2( 18 FLORIDA DLP 1 OF ENVIRONNIEN LAI. PRO- EC 11O\ 650.00 364305 03012018 IRC IWALTHY START COALITION INC 2,500.00 364306 03 0 3 261 S IRC HEALTHY START COALIIFION INC 2,500.00 364317 03 i)1 2:15 IRC HFALFHl' START C'O:ALII'ION IV'C _'.500.00 36431)8 t}; 1)i 2�: 15 IRC HEALTHY START CO,AI MON I\(_ _2,500.00 364309 03 01 2(, -IS MY[ LS BROWN 108.00 304310 0301 21115 GIFFORDCOMMUNITYCFNTER 4,115.61 364311 03 01 2(;IS FIENRY SMFTI1 252.0) 304312 03 01 _'(!IS KE NNE: FTI 1:AM S BINOILAM JR 601)1) 36-3313 1)3 ()1 Z1)1S ALAN C: K.\UFFAI:ANN 460.01) 364314 03 01 2015 JOHN BROWN fi SONS INC 1.000.00 36-3315 03 01 2015 \V'FSTSIDE REPROGRAPHICS OF VFRO BFACII INC 59.02 36-1311. 03 1)1 2'018 INTFRNATIONAI. CODE COUNCIL INC -49 95 36-3.',17 03 1)1 22018 IT ORIDAASSOC OF CODI I NFORCIAll \ I 1000 36431 S 03 01 2015 S(.: St,)UES_F INC 4-3.00 364319 0301.201 S ARCADIS U S INC 17,1 12.34 36432,) 0301 2018 RUSSELL INC 2.354.97 364321 03 01 2t)IS BOYLF-: S_ DRAKE INC' 2.4517.00 364312 O3 O1 21)IS CIN FAS CORPORAI ION No 2 209.',)3 364323 03 01 20 IS INDIAN RIVER DOG TRAINING CLUB INC 250.39 364324 03 01 2015 VAN \VAL INC 138.00 364325 03 M 21115 SYNAGRO-WWI INC' 32.469.95 364.326 03 01 2015 HILI 13 R I I11.RS AND BIG SIS I F.RS 1.250.1)0 364327 03 01 _'01 S BIG BROTIILRS AND BI(l SIS FERS 7,057.33 364325 0301 2018 IASTFN.AL COMPANY 137.27 36.3329 0301 2015 FRANK BL.AKF 400.00 36.33311 03 UI 2015 JACKS COM PI I I I TRE I Si.RV*ICI 3,0Gi 00 364331 03 01 20 IS MBV ENGINEFRING INC 13.055.()0 364332 03 01 2018 ('LN I RAL PUMP & SUPPLY INC 1300 364333 0301 2_018 MAS "FELLER & MOLER IN( 11639.50 364334 0301 21) 1 5 SFAPLI-SCON IIZACT&COMAIL:R('IAI INC 5S.7S 364335 0 01 21715 I.:ARRY STF:PI1FNS 105,00 364331) 03 01 2018 AROLL J MADIGAN 1,018.50 364337 0301-2015 SONRISF VILLAS I D 946.61 364338 030/2018 ANIM AI %IIDK AI SER\'I(I S PA 5100 36.3339 173 01 2()18 S( \S INC IS9 36 364340 03 M 20 IS JOHNNY B SMI I H PA) 00 364341 030121)IS MOORF MFDIC'Al ILC 2,632.19 364342 03 012015 G1,0I3AI STAR I;SA 183.45 36.3343 0301 2018 CHARLES A \\TALKER 60,00 364344 u3 M ZUiS FISHERS, PHILLIPS LLP 3.'6300 64 'CRASS N B R DATE VENDOR AMOUNT 364345 03 01 2013 (,1:1%E1:Y 12.46 364346 0301 2018 GUARDiAN COMMUNITY RLSOURCE NIANAGEMI:N1 1.500.00 364347 0301 2018 NIICIIAIT KORPAR 60.00 364348 03 O 1 2018 ECONOMICOPPORTUNFiIFS COUNCIL OF IRC' 4,332.80 364349 +)301 2018 VA -IL -AND IMPORTS INC 1,804.66 364350 001 201 S SOL' i I IFAS "I SECURE SHREDDING 92.84 364351 03 0 i _'(' 18 K'S C'ONINIF:RC I.AI_ CLEANING 16.309.08 364352 ()3 0l 21 18 NICOLACF MARKETING INC 6,09 1.48 364353 03 O1 2013 WINSUPPI.Y OF FERC) BEACH 10390 36435.1 ()3 01 _2018 SFASIDI LANDSCAPES INCA 1,150.00 36.1355 ()301,2018 1.A/FN'BY R ASSOCIATES iNC 5,683.85 364356 0301:2018 VERA SMi ii 1 144.00 364357 0.3 01 2018 GARRiA I SMI'l11 144.00 364355 03 01 2018 11 ITIMI ANIMALS LIVE -OVER(, OM1 53.00) 364359 03 01 2OIS CI_()%TRI I :%I- CORPORATION 364 360 01 01 20I S LL(:)RiDA ARMAI URL WORKS 1\C -,2()4,0,; 36.3161 03 01 2018 OVFRDRiVI INC 2,431.10 364363 03 +)1 _'018 SURVFY,NIONKI-Y CONI 252.00 364363 03 O1 20 IS IT(Al l K INC I'S.23 364364 03 01 2018 HFATHFR HAI ION 100.00 364365 0301 2018 MOORE. MOTORS INC 110.88 364366 03 01 2018 AL,IERAIIONS BLESSED 354.00 36436' O3 ()1 2()18 BRYAN KI_ASSEN 15(1.00 364363 0101 3()18 I. -OWES II(All: CENTERS INC' 1.'33.95 36.336) 03 01 20 IS RAFIH.IS FINANC'IALCOW. , IAN "iS INC 3.626.5u 36437 i 0, (il 2C)18 GAUDIAASSOCIAFES INC' 715.11 36.3371 t01 01 2()18 GAUDE'1 FS INC 364372 r;: Oi 2018 6AUDF I ASSOCINIES INC 8-6.04 364373 03.01 2018 CARDINAL iIF.AI.Fil 110 iN( 6.882.78 364374 0301 2018 ALITA MIKI.O 17 0.00 364375 03 01 2018 BURNELi` 11N11 CO INC' 6.386.80 364376 03 M 2018 IMPFCCABI E SiGNS INC 120.00 3643'7 03 O1 -11018 PENGUIN RANDOM HOUSE I I C 546.75 364373 0.3 W 2018 CARMLN I I Wl,, 342.5{) 364379 03 01 2018 STRAIGHT OAK LLC 129 ?0 364iS1) 03 M 2013 SI -.AN MAKI C OMMUNiC'AIIONS I I C I5N.00 364381 U3 M 2015 SOUTHERN MANAGEMEN"1 LLC ()S.45C).00 36438' 0301 2015 C IFNFIRADi, C FII MICAL.S CORPORIAl ION 1.0.15.66 304383 03 01 2018 KATE P COTNFR 371.73 364384 0301 '2018 CORNERS FONI, FAMILY SERViCIS OF WEST ViROINIA 425.00 3643,85 03 01 2018 SYLIVIA MILLER 1.253.50 364386 03 of _1oIS ILAWKINS INC 473.5() 36438' 03 01 2()18 HUSB:\ND FOR RENT INC 75.()0 364358 03 O1 2018 FUS B I OR1' .IR 53 LOO 364389 O3 OI 2018 JOSEPH DIA)NNO 110.00 364390 03 U1 '018 RLD I IIF I'NIFORNI TAILOR 950.24 364391 0101 20I CNI-11FDRAI CORPORATION 1,427.40 364392 03 012018 MAST E=RS ACADEMY OF VFRO B1 ACI 1 791.01 364393 03012018 UNIFIRSiC"ORPORAFION 1.317.49 364394 0301 2018 SC'II1'Ni:\C11LR AUTOMOTiVI: DEI.RAY I I.0 389.08 304395 03 01 'U IS GOT IA GO GRI.I:N ENTERPISLS INC 317.38 364396 0101 20iS PAIRlO'I PRODUCTIONS LLC 259.6.1 36439' 03 01 _'UIS GUARDIAN ALARM OF FL(WIDA I I 364393 03 01 2O! S I GP DC)CL N1FNT SOLL?TIONS [ [ 364399 0301 _'018 �t"L;RT1{ L°S:A f vC 193,77 364400 03 01 2013 JAMES G Bt )\VDi:N 87.71 364401 03 M 2()18 RUSSI-:1.1 L (AVEN 111 120.00 364402 03'01 2018 AC' T I FRiNARY SPECIAH Y SERVICES 373.07 364403 03 01 2018 ALL WE8I3S I'MIAPRISES INC 89.537.76 3(1440.3 03 M 2018 PLOPLL READY INC' 9,131.48 65 TRANS NBR DATE VLNDOR .AMOFNT 364405 03 01 2018 ROBI:RI O RIC'HA.RDSON 111 200.00 364406 030/2018 WILLIS SPORTS ASSOCIATION INC 1,551.16 364407 03,01/2018 COLT AUTO SUPPLY INC 1,203.71 3644(',8 03 01 2018 MARIS,AAlTXANDER 40.00 364409 03 01 201 `+ GOLF GENIUS SOFTWARE. L.LC 2,500.00 364410 03 01 2018 FORFR1 NNIA TECHNOL.OGI[S INC 720.00 364411 03 01 2C 18 KONICA MINOLTA BUSINESS SOLI; I IONS 364413 03 01 2( 18 OSAM DOCUML..N L SOLUTU)NS INC 364.113 0301 2(IS BL:III No_.:AN 80.00 364414 03 01 2018 DAY DRL:AMS UNIFORMS INC 672.85 364415 03012018 THOMAS' R PILIERO 52.00 364416 03012018 GOVDIREC'I INC 3,345.84 364417 03 01'2014 CORE: R MAIN LP 9,755.57 364415 03 0 1 201 S PATRICK I RANEE, 347.96 364419 03 01 2018 CLASSY CHRIS GRAY PROMO IIONS I I C 411.80 364420 03 )1 201S WOERNLR AGRIBUSINESS I I.0 1:6.5O 364421 03 01 2018 HATTERAS ILAMMOCKS INC ",9!SAO 364422 (3 O1 2olS ,TERRY RIPPI.I: STUCCO INC )5'5.00 364423 +)3 OI 2015 I IILRNI LL MILLS 54.00 364424 03 01 2018 Tl: SCIILI LI ENGINEERING 1.1 C 1,750.00 364425 03 01 2018 STEPHEN STONE 60.00 364426 03'01 2018 JOSEPH I ORINO 120.00 Grand Total: 1,333,178.31 66 FLECTROMC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1012903 02'27,2018 A V& V 146.30 1012904 0227'_'018 OFFICE DF;POT BSD CUS"I OM VR SVC 472.27 1012905 0_ 27 2018 COMCAS F 111.49 1012906 02'28 2018 SSES INC 394.186.82 1012907 02 '_8'018 COPYCO INC I 1012908 02 28 2018 MIKES (iARA(if_ & WRECKI:k SI RVI(T INC 696.00 1012909 02 282018 GALLS 11C 266.30 1012910 02 ?82018 Nl:AVMANS POWLR SYS IF MS 909.95 1012911 0128"018 GROVE WIA DLRS INC 131.66 1012912 0228!2018 RECORDI:D BOOKS LLC 309.60 1012,911, 02;28"2018 SO( 1-111 RN �kAIZ F 11Ot ISI - SF1012914 10 12914 02 282018 PRID_; ENTERPRISES 2.838.00 1012915 02 '8'018 SOU I IIf-.RN JANITOR SUPPLY IN(' 1'8.3' 1012916 02 28'018 WRiGH F FAS FFNER COMPANY I.I C 468.00 1012917 0_' 28 2018 PACs: ANALYI ICAL SERVICES INC 108.00 1012918 02 _'82018 1 IGH I LINE PRODUCTIONS INC 229.00 101'919 02:282018 AIll 1:1) DIVERSIFIED OFVI:RO RI ACEI LLC 225.00 1012920 03012018 t:VI-:R(if.ADI:S FARM LQUIPME:N"FCO INC 2.513.01 1012921 03 01'2018 COLDAIR DISFRIBUTORS WARI]HOUSF 519.42 1012922 0.1 01''_018 DEMCO INC 358.79 1012923 03 01 2018 APPI. L ININ'STRLAL SUPPLY CO 839.82 1012924 03 01 2018 ALI 11,11) 1 `NIVI:RSAL CORP 5.430.13 1012925 03 01 2018 CONSOLIDAIl.i) 1:_LECIRICA1. DIS IR1f31; ]OR, --11\( '.6.10.78 1012926 03 01 _'018 FNVIRONMI;NIALCONSLRV:II ION LAI30RATORII.S IN 14.214.00 Grand Total: 430.492 24 67 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5711 02 217018 VEROTOWN I. I C 13,746.14 S-il /-- 02 23 2018 IRC FIRE FIGII'I'FRS.ASSo(,' 7 .1 5753 02 23 2018 VEROTOWN 1-1-( 2,7 5754 02 23 2018 TEAMSTERS I-O('Al UNION X769 5,306.00 5755, 02 23 2014 NATIONWIDE Sol LTI IONS Rl- I'IRI-A1I-Nl- INC 51"I0.17 5756 02 23 2018 NAI I0NA*IDI- SoI,Lj 1-1(.)NS RE I-IRENIENNT INC" 3,475.42 5757 02 23 2018 INDIAN RIVER ('01-INTYS11F.RIFF 57SS 0123 2018 IRC C*I1AMI3FR OF 6,502,32 5759 02.23'2014 IRC CHAMBER OF ('OMMI:R(.'F 20,477.8.5 5760 02:2 3 2018 WRIGHT EXPRESS I -S(.' 20.537.55 5761 02.26 2018 IRSTAYROLI. IAXFS 416,731.65 5762 02 262018 Fl- SDU7 5,766.64 5763 0 -2 24 2014 WHI'l NFY BANK 42,949.50 5764 02 28 2018 BANK 01: NEW PORK 390.500.00 5765 03 M 2018 INDIAN RIVER ('Ol, IN'l Y SHLRIFI- 3. 99,931.31 5766 03 01 2018 ; -IRVISOR OF FI-EC"I'I0\ 59,137.44 INDIAN RIVER ('OUN'l YSUPI NS i-(), 01 1018 01 - CLERK 01: C'IR('Ul-l- C'OUR I 54,440.41 5764 1)"ol ()I'S STIAVIF -1 IRL Cu 1.000,A)" Grand Total: 4,972.900.39 T., CONSENT: 3/13/2018 go 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: William K. DeBraal -Deputy County Attorney DATE: March 6, 2018 ATTORNEY SUBJECT: Resolutions Cancelling Taxes on Properties Purchased by Indian River County for Public Purposes In connection with the 66th Avenue Widening Project, the following properties have been purchased by Indian River County for needed right-of-way; and Resolutions are presented for the purpose of cancelling any delinquent or current taxes which may exist on these properties where a public purpose is planned: 1. Property purchased from Franklin J. Tate, Donna L. Tate, Franklin J. Tate, Jr., and Donna Michelle Tate and fully described in that certain Warranty Deed recorded in Book 3085, Page 1386 of the Public Records of Indian River County, Florida for 691h Street right-of-way. 2. Property purchased from Melissa Dean and Donald Arthur Frost and fully described in that certain Warranty Deed recorded in Book 3085, Page 1406 of the Public Records of Indian River County, Florida for 65th Street right-of-way. 3. Property purchased from TD Bank, N.A. and fully described in that certain Special Warranty Deed recorded in Book 3088, Page 367 of the Public Records of Indian River County, Florida for 66th Avenue right-of-way. 4. Property purchased from Kirk and Nancy Jo Madsen and fully described in that certain Warrant Deed recorded in Book 3091, Page 1801 of the Public Records of Indian River County, Florida for 66th Avenue right-of-way. 69 FUNDING: There are no costs associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the four Resolutions to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: 4 Resolutions cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser 70 purchase of right-of-way along 69th Street from Franklin J. Tate, Donna L. Tate, Franklin J. Tate, Jr., and Donna Michelle Tate RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 71 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from Franklin J. Tate, Donna L. Tate, Franklin J. Tate, Jr., and Donna Michelle Tate for 69th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3085 at Page 1386, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 72 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller At Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO FORM AND; LEGAL SUFFICIENCY 0Y Dr-.- lITY6,rjt!P+TYA'h"i"ORI•ISY 3 73 3120180002418 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3085 PG: 1386,1/16/2018 8:25 AM D DOCTAX PD $216.30 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 47083609 Property Appraisers Parcel Idehtification (Folio) Number: 32-39-064)0001-0160-00001/0 Florida Documentary Stamps in the amount of $21630 have been paid hereon Space above this line for Recording Data WA"NTY DEED THIS WARRANTY DEED, made the day of January, 2018, by Franklin J. Tate and Donna L. Tate, husband and wife; and Franklin J. Tate, Jr. a married man, and Donna Michelle Tate, a married woman, whose post office address is 6780 69th Street, Vero Beach, Florida 32966, herein called the Grantors, to Indian River County, a Political Subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the Grantee: (Wherever used herein the terms "Graninr" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns oJ"corporations) W I T N E S S E T H; That the Grantors, for and in consideration of the sutra of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: RIGHT OF WAY PARCRI. THE NORTH 70.00 FEET OF THE SOUTH 100 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 2119, PAGE 1893, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE WEST 10 ACRES OF TRACT 16, LESS THE NORTH 661 FEET, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FELED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA; IN PLAT BOOK 2, PAGE 25; SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 20 FEET OF THAT PART OF SAID WEST 10 ACRES OF TRACT 16, LYING SOUTH OF THE NORTH 661 FEET THEREOF AND NORTH OF NORTH WINTER BEACH ROAD (69TH STREET); ALL NOW LYING AND BEING IN SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIFER COUNTY, FLORIDA. The Grantors, Franklin J. Tate, Jr, and Donna Michelle Tate, herein avers that Grantor does not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of Grantor's family dependent upon Grantor for support. Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. File No.: 47083609 r.� 74 BK: 3085 PG: 1387 IN WITNESS WIIEREOF, the said Grantors have signed and sealed these presents the day and year first above written. Signed, s led and delivered in the presence of: Witness #1 Signature 11 A>1df-"-j Ro4�S Witne s #1 P 'nted ame Wi ss #2 Signature Wi ess #2 Printed Name Franklin J. fate, Jr. State of Nort rolina Coun ty of �LC�cr" Ll% The foregoing instrument was acknowledged before �1e this day of January, 2018, by Franklin J. Tate, Jr., who is personally known tome or has produced —A-12. as identification. SEAL My Commission Expires: 5. y. ZO Z/ DoT ARr MY Comm. Expires May 4, 2021 ft L1(" File No.: 470936" Notary Public Sac L • MU I Printed Notary Name rW 75 BK: 3085 PG: 1388 IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. State of Florida County of Indian River The foregoing instrument was acknowledged before me this ,fday of January, 2018, by Franklin J. Tate and Donna L. Tate, and Donna Michelle Tate, who are personally known to me or have produced QG-- as identification. ;3Z Notary Public Printed Notary Name My Commis r'iJ Y w: JASON A. BEAL iQ� B`<': Notary Public - S!ate of Florida Commissior # GG 017550 My Comm. Expires Oct 11. 2020 Bonded through National Notary Awi File No.: 47083609 rrn 76 BK: 3085 PG: 1389 n Y I El 77FF O1`�=C` ORIDA LNUI AN RIVER COUNTY J+� THIS t8 TO CERTIFY THAT TRIS IS ! A Tg1IC n n ....��_ _ f$ WEST UNE' TRACT 7 B R C= • . c A 4� 7 Y Oo Sr m AM c m w g c) . 29 ?� � f t� ig v y a FIE yy Y I El 77FF O1`�=C` ORIDA LNUI AN RIVER COUNTY J+� THIS t8 TO CERTIFY THAT TRIS IS ! A Tg1IC n n ....��_ _ f$ WEST UNE' TRACT 7 B 77 purchase of right-of-way along 65th Street from Melissa Dean and Donald Arthur Frost RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 78 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from Melissa Dean and Donald Arthur Frost for 65th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3085 at Page 1406, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 79 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller In Deputy Clerk Peter D. O'Bryan, Chairman Tax Certificates Outstanding Yes No Current Prorated Tax Received N and Deposited with Tax Collector $ APPROVED AS TO s=ORN! AND LEGAL. SUFFICIENCY 3 80 3120180002433 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3085 PG: 1406,1/16/2018 8:39 AM D DOCTAX PD $301.00 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 47083568 Property Appraisers Parcel Identification (Folio) Number: A portion of 32-39-08-00001-0050-00002/0 Florida Documentary Stamps in the amount of $301.00 have been paid hereon. Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the JL/ day of January, 2018, by Melissa Dean and Donald Arthur Frost, wife and husband, whose post office address is 6700 77th Street, Vero Beach, Florida 32967, herein called the Grantors, to Indian River County, a Political Subdivision of The State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32969, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the hence, legal representatives and assigns of individuals, and the sucressors and assigns ojcorporations) W I T N E S S E T H: That the Grantors, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. File No.: 47083568 r.rp BK: 3085 PG: I407 IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. Signed, sealed and delivged to presence of ( Seal) n Meukta Dea yL (Seal) fidnalld Arthur Frost Witness ##2 State of Florida County of Indian River The foregoing instrument was acknowledged before me this day g,f January, 2018, by Melissa Dean and Donald Arthur Frost, who are personally known to me or have produced 04 - as identification. SEAL •";`,`R'Y ppe, JASON A. REAL r° Notary Public • State of Florida Commission k GG 017550 My Co E lw:comm. Expires Oct 11, 2020 "�+ "` Bonded through National Notary Assn Fila No.: 4708950 Notary Public Printed Notary Name r� 82 BK: 3085 PG: 1408 Exhibit "A" LEGAL DESCRIPTION The North 30.00 feet of the South 80 feet of the following described Parcel as recorded in Official Records Book 2331, Page 237, Public Records of Indian River County, Florida: Tract 5 (less the West 30 acres thereof) and the West 20.82 acres of Tract 6, Section 8, Township 32 South, Range 39 East, according to the last General Plat of lands of the Indian River Farms Company flied in the Offices of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Pages 25; said land now lying and being In Indian River County, Florida, excepting, however, the following property: From the Southeast corner of the West 30 acres of Tract 5, Section 8, Township 32 South, Range 39 East, according to the last General Plat of the lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, run East along the South line of said Tract a distance of 99.83 feet to the Point of Beginning; thence run North 0 degrees 9 minutes West a distance of 192 feet; thence run East a distance of 96.45 feet; thence run South 0 degrees 9 minutes East a distance of 192 feet; thence run West a distance of 96.45 feet to the Point of Beginning; said land now lying and being in Indian River County, Florida. File No.: 47093568 r.TV X BK: 3085 PG: 1409 s b'OW01d'A.MOO HSAW NVIONI „� L J0 i OtE 13021bd w.t.r.w�rww.r� r... j0 H013NS ONd NO11d1HOS30 7 03,1 � uw UJB*�� N g m Y mn I Vill Na, till Ill 3W 1Sn R3,09b", 0 >- en p. 90� acfa 1'i F- ,o mo 3m Av 4is9 11 ► � $ f l ! I xy3q'kilNiB'8'P 8 pig Yf�X 4 j i 1 a>�IId iM) A b ami"arn Ppb 0 ar i` _ a1 0 &3r. 3Nn X509 '21'5 MEE 3107W SM AIM .40 i r-- LU f ( c a aad naTmc �g� 1I81HX3 84 purchase of right-of-way along 66th Avenue from TD Bank, N.A. RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 85 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from TD Bank, N.A. for 66th Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Special Warranty Deed describing lands, recorded in O.R. Book 3088 at Page 367, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 86 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By - Peter D. O'Bryan, Chairman ATTEST.- Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding ,/ Yes No Current Prorated Tax Received and Deposited with Tax Collector $ L� APPIN'0VED AS TO FC) Z;'-1 ANN, EG'*AL S1, FFICI NL ' DEBRAAL -iPUTYt;OUNiTYAT ORNEY 3 87 3120180005036 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3088 PG: 367,1/29/2018 9:17 AM D DOCTAX PD $24.50 This Instrument Prepared by: J.J. Gullett GULLETT TITLE, INC. 401 Saint Johns Avenue Palatka, Florida 32177-4724 Property Appraisers Parcel Identification (Folio) Numbers: 32390600001001000006.0 SPACEABOI/E THIS LINE FOR RECORDING SPECIAL WARRA TY DEED THIS INDENTURE made and executed this of January,2 1 y 0 8 byT D BANK, N.A., existing under the laws of The United States of America hereinafter called Grantor, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose post office address is: 1801 27th Street — Vero Beach, FL 32960, hereinafter called the Grantee: (Wherever used herein the terms grantor' and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of Three thousand, five hundred and 00/100 ($3,500.00) Dollars and other good and valuable considerations in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto the said Grantee the following real property situate in the County of INDIAN RIVER, State of Florida, to wit: All that certain piece, parcel or tract of land situate, lying and being a portion of Tract 1, Section 6, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida; said lands being more particularly described as follows, to wit: Beginning at the Southeast corner of the North 5 acres of the South 15 acres of said Tract 1, thence bearing North 89 degrees 43 minutes 25 seconds West, a distance of 42.04 feet to a point; said point being the beginning of a non -tangent curve concave Westerly, having a radius of 2,917.00 feet, a central angle of 02 degrees 47 minutes 03 seconds, a chord length of 141.73 feet bearing North 01 degrees 55 minutes 33 seconds East; thence, northerly along the arc of said curve, a distance of 141.74 feet to a point, thence, bearing North 00 degrees 32 minutes 02 seconds East, a distance of 28.82 feet to a point on the North line of the North 5 acres of the South 15 acres of said Tract 1, thence, bearing South 89 degrees 43 minutes 25 seconds East along said North line, a distance of 38.60 feet to a point, thence bearing South 00 degrees 32 minutes 02 seconds West, a distance of 170.48 feet to the POINT OF BEGINNING. For identification purposes only, property address: 7555 66th Avenue Vero Beach, FL 32967 Subject to all easement, rights-of-way; exceptions, covenants, conditions, restrictions, encroachments, reservations, encumbrances, access limitations, and all other matters or conditions affecting the Property of record (including all objections Seller has declined to cure and Purchaser has waived). OREO 10 #: Page 1 of 2 FILE *.:G44252 BK: 3088 PG: 368 Special Warranty Deed TD Bank I DIAZ Page 2 of 2 TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members and appurtenances thereof, the same being, belonging or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantee, forever in fee simple. AND THE SAID Grantor will warrant and forever defend the right and title to the above-described property unto the said Grantee against the lawful claims and demands of all persons claiming by, through or under the above-named Grantor, but against none other. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal this day and year first above written. NESS Vj� I /� c Printed Name: i ( i ( I 1 4 WITNESS Printed Name: STATE OF SOUTH CAROLINA COUNTY OF GREENVILLE TD BANK, N.A. IVN By: V r Caro C. Farnsw rth, Vice President P.O. 9540, nd, ME 04112-9540 The foregoing instrument�as acknowledged before, the undersigned Notary Public of the State and County aforesaid, this � y of January, 2018 by Carol C. Farnsworth, Vice President whom personally appeared and proved to me to be the on the basis of satisfactory proof, the person who executed the foregoing instrument on behalf of TD BANK, N.A.. WITNESS my hand and official seal at office this ogrday of January, 2018. Nota Public My Commission Expires: �PFIY P�6: �'� C1 My !,. 2Commission� z 2 Expires %r TN C ARO���� OREO [D #: FILE #.:G44252 Page 2 of 2 :" BK: 3088 PG: 369 NORTH LINE NORTH 5 ACRES PARCEL 121 I 6743 SQF.T 21 I N OF THE SOUTH 15 ACRES OF TRACT 1 0.15 ACRES 30' =U� ^ �> n �i i)% E TRACT 1 L4 170.48 0 •W CDQ INDIAN RIVER FARMS CO. q PLAT BOOK 2, PAGE 25 z C,- z 0 S 100' (ST, LUCIE) �� 3gUpNII �jJ Gil NO ORAPHICSCALE 32390600001001000OD6.0 ORB 3040. PG 2106 I n W a N ZZ OIz Z SOUTH LINE NORTH 5 ACRES OF THE N Mao 1 zn �"V mC, SOUTH 15 ACRES OF TRACT 1�� P.0.6. z oo�j o W J OQ f..IviZ� 66TH A w m iit�yy¢---Ij BASELINE J CURVE TABLE CURVE LENGTH RADIUS ANGEN CHORD I BEARING I DELTA LEGAL DESCRIPTION C1 141.74 2917.00 70.88 141.73 N01 5' 3" 0 '47 03' RIGHT OF WAY PARCEL A ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 1. SECTION 6, TOWNSHIP 32 SOUTH RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2. PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 5 ACRES OF THE SOUTH 15 ACRES OF SAID TRACT 1, THENCE, BEARING NORTH 89'43'25' WEST, A DISTANCE OF 42.04 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2,917.00 FEET, A CENTRAL ANGLE OF 02'47'03", A CHORD LENGTH OF 141.73 FEET BEARING NORTH 01'55'33" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANZE OF 141.74 FEET TO A POINT; THENCE, BEARING NORTH 00'32'02" EAST, A DISTANCE OF 28.82 FEET TO, APPOINT ON THE NORTH LINE OF THE NORTH 5 ACRES OF THE SOUTH 15 ACRES OF SAID TRACT 1, THENCE, BEARING SOUTH 89'43'25" EAST ALONG SAID NORTH LINE, A DISTANCE OF 38.60 FEET TO A POINT; THENCE, BEARING SOUTH 00'32'02" WEST, A DISTANCE OF 170.48 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 6,743 SQUARE FEET OR 0.15 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. g PROPOSED ACQUISITION PARCEL ACREAGE a 0.15 ACRES s PORTION OF THE ACQUISITION PARCEL R THAT IS ENCUMBERED BY THE FOOT - 0.07 ACRES -g RIGHT-OF-WAY F SURVEYORS NOTES +F 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. # 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7, SAID LINE BEARS NORTH 00'00'25" it EAST. y 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. q 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. LEGEND Y SECTION LINE EASEMENT LINE 5 PROPERTY LINE p,p ...Ud.' that. l par d rvpttlu, and a*.t h r M. prop.rty rh.- y ptkn PROPOSED RIGHT OF WAY o7 .t td+ m«!* a. nam roan wd that .' fby t o py fdd PARCEL 9.sd of prot«r-d $k— prvctb. «t I wt by -1 Aateo 3 y� .nd Nypw. h C1kglr 3.J-17, Aatdo RIGHT OF WAY LINE AdmhkbotM Ccd., pur.v.nt to S.atlmp 472.027, AatOtr. StptvfK and �— that W. dv"v b o W. and.ecwoM rpa.ritoq�� pt—f to th. P.O.C. POINT OF COMMENCEMENT b«t d dw my Mo.bwd bm&f, 9rbjjirf th'. t. assd notoNon :ow P.O.B. POINT OF BEGINNING ^^^� �' ..+••,.,, �' p R/W RIGHT OF WAY /� �• �--' C.='�T 35 DRB OFFICIAL RECORDS BOOK PG PAGE FOOT FLORIDA DEPARTMENT OF TRANSPORTATION DA 7E' SECT. SECTION Not wNd +dttavt Um r(Vvkn o,d:a but hep qSb nmea TE oar ,ar 017 LEGAL DESCRIPTION AND SKETCH CF••r; st' "pvt`; an Klmle}�Horn / PARCEL121 INDIAN RIVER COUNTY, FLORIDA 0477 90 UNE TABLE LINE LENGTH BEARING _ L1 42.04 c • ' L2 28.82 N00'32'0 "E L3 38.60 9' 5*E L4 170.48 0 •W CURVE TABLE CURVE LENGTH RADIUS ANGEN CHORD I BEARING I DELTA LEGAL DESCRIPTION C1 141.74 2917.00 70.88 141.73 N01 5' 3" 0 '47 03' RIGHT OF WAY PARCEL A ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 1. SECTION 6, TOWNSHIP 32 SOUTH RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2. PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 5 ACRES OF THE SOUTH 15 ACRES OF SAID TRACT 1, THENCE, BEARING NORTH 89'43'25' WEST, A DISTANCE OF 42.04 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2,917.00 FEET, A CENTRAL ANGLE OF 02'47'03", A CHORD LENGTH OF 141.73 FEET BEARING NORTH 01'55'33" EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANZE OF 141.74 FEET TO A POINT; THENCE, BEARING NORTH 00'32'02" EAST, A DISTANCE OF 28.82 FEET TO, APPOINT ON THE NORTH LINE OF THE NORTH 5 ACRES OF THE SOUTH 15 ACRES OF SAID TRACT 1, THENCE, BEARING SOUTH 89'43'25" EAST ALONG SAID NORTH LINE, A DISTANCE OF 38.60 FEET TO A POINT; THENCE, BEARING SOUTH 00'32'02" WEST, A DISTANCE OF 170.48 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 6,743 SQUARE FEET OR 0.15 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. g PROPOSED ACQUISITION PARCEL ACREAGE a 0.15 ACRES s PORTION OF THE ACQUISITION PARCEL R THAT IS ENCUMBERED BY THE FOOT - 0.07 ACRES -g RIGHT-OF-WAY F SURVEYORS NOTES +F 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. # 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7, SAID LINE BEARS NORTH 00'00'25" it EAST. y 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. q 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. LEGEND Y SECTION LINE EASEMENT LINE 5 PROPERTY LINE p,p ...Ud.' that. l par d rvpttlu, and a*.t h r M. prop.rty rh.- y ptkn PROPOSED RIGHT OF WAY o7 .t td+ m«!* a. nam roan wd that .' fby t o py fdd PARCEL 9.sd of prot«r-d $k— prvctb. «t I wt by -1 Aateo 3 y� .nd Nypw. h C1kglr 3.J-17, Aatdo RIGHT OF WAY LINE AdmhkbotM Ccd., pur.v.nt to S.atlmp 472.027, AatOtr. StptvfK and �— that W. dv"v b o W. and.ecwoM rpa.ritoq�� pt—f to th. P.O.C. POINT OF COMMENCEMENT b«t d dw my Mo.bwd bm&f, 9rbjjirf th'. t. assd notoNon :ow P.O.B. POINT OF BEGINNING ^^^� �' ..+••,.,, �' p R/W RIGHT OF WAY /� �• �--' C.='�T 35 DRB OFFICIAL RECORDS BOOK PG PAGE FOOT FLORIDA DEPARTMENT OF TRANSPORTATION DA 7E' SECT. SECTION Not wNd +dttavt Um r(Vvkn o,d:a but hep qSb nmea TE oar ,ar 017 LEGAL DESCRIPTION AND SKETCH CF••r; st' "pvt`; an Klmle}�Horn / PARCEL121 INDIAN RIVER COUNTY, FLORIDA 0477 90 purchase of right-of-way along 661h Avenue from Kirk and Nancy Jo Madsen RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 91 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from Kirk and Nancy Jo Madsen for 66th Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3091 at Page 1801, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 92 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ - }" A P P R a VED A S 7O Is+ i%1 AND LEGAL SI. 'F FICIENCY i K. DEBRAA1. Ot-PU `i C 1jNj T Y Al"i 0Ri fHY 3 93 3120180008114 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3091 PG: 1801,2/12/2018 9:12 AM D DOCTAX PD 5140.00 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 48083658 Property Appraisers Parcel Identification (Folio) Number: 31-39-31-00000-7000-00010.07 Florida Documentary Stamps in the amount of $140.00 have been paid hereon Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the —7 day of February, 2018, by Kirk Madsen and Nancy Jo Madsen, husband and wife, whose post office address is 7855 66th Avenue, Vero Beach, Florida 32967, herein called the Grantors, to Indian River County, a Political Subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the Grantee: (Rherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals. and the successors and assigns of corporations) W I T N E S S E T H: That the Grantors, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: Right of way Parcel All that certain piece, Parcel or Tract of land situate, lying and being a portion of Section 31, Township 31 South, Range 39 East, Indian River County, Florida; said lands being more particularly described as follows, to wit: Commencing for reference at the Southeast corner of said Section 31;Thence, bearing North 00 degrees 32 minutes 54 seconds East, along the East line of said Section 31, a distance of 1,255.42 feet to a point; Thence, leaving said East line, bearing North 89 degrees 27 minutes 06 seconds West, a distance of 30.00 feet to the point and Place of Beginning of the herein described Parcel; Thence, bearing North 89 degrees 52 minutes 55 seconds West, a distance of 129.79 feet to a point; Said point being the beginning of a non tangent curve concave Easterly, having a radius of 3,080.00 feet, a central angle of 00 degrees 27 minutes 55 seconds, a chord length of 25.01 feet bearing North 01 degrees 27 minutes 12 seconds East; Thence, Northerly along the arc of said curve, a distance of 25.01 feet to a point on the South line of the lateral 14E canal; Thence, bearing South 89 degrees 52 minutes 55 seconds East, along said South line, a distance of 129.40 feet to a point on the West right of way line of 66th Avenue; Thence, leaving said South line, bearing South 00 degrees 32 minutes 54 seconds West, along said West right of way line, a distance of 25.00 feet to the Point of Beginning. Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in Yee simple forever. AND, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31. 2017. Fite No.: 48083658 110 94 BK: 3091 PG: 1802 IN WITNESS WHEREOF, the said Grantors have signed and seated these presents the day and year first above written. State of Florida County of Indian River The foregoing instrument was acknowledged before me this —7day of Februa r by Kirk Madsen, by his Attorney -In -Fact, Nancy Jo Madsen; and Nancy Jo Madsen, who az ersonally known to)ie or have produced as identification. SEAL Notary Public Printed Notary Name My Commiss'on x it s:: •spy /�JASON A. BEAL � l� VB •• Notary Public - S!ate of Florida Commissin�i # GG 011550 A4y Comm. Expires Oct 11. 2020 Bonded lh ough National Notary Assn Fite No.: 48083658 I 95 BK: 3091 PG: 1803 ol ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO NIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE, BEARING NORTH 00'32'54' EAST ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 1,255.42 FdT TO A POINT; THENCE, LEAVING SAID EAST UNE BEARING NORTH 89'27'06' WEST, A DISTANCE OF 30.00 FEET TO THE POINT AZ PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE. BEARING NORTH 89'52'55' WEST, A DISTANCE OF 129.79 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERL7, HAVING A RADIUS OF 3,080.00 FEET, A CENTRAL ANGLE OF 00'27'55 , A CHORD LENGTH OF 25.01 FEET BEARING NORTH 012712' EAST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 25.01 FEET TO A POINT ON THE SOUTH UNE OF THE LATERAL 14E CANAL' THENCE, BEARING SOUTH 89'52'55' EAST ALONG SAID SOUTH LINE, A DISTANCE OF 129.40 FEET TO A P0114T ON THE WET RIGHT OF WAY LINE OF 66TH AVENUE: THENCE LEAVING SAID SOUTH LINE. BEARING SOUTH 00'32'54' WEST, ALONG SAID WAST RIGHT OF WAY UNE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 3,240 SQUARE FEET OR 0.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE Jl.M 1) THIS IS A SKETCH OF LEGAL OESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 31. SAID UNE BEARS NORTH 00'32'54" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY. FLORIDA. Kimley*Horn LEGAL DESCRIPTION AND SKETCH OF '""" o►o �.....nasr....oe.c... PARCEL 154 2 OF 2 6Q N O!L ani 1al'�aD /nal R aal 03 0471 O ay�� INDIAN RIVER COUNTY, FLORIDA 96 BK: 3091 PG: 1804 LATERAL 14E CANAL SOUTH LINE 14E CANAL 0 Cl 31393100000700000010.1 ORB 1198. PG 1745 SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST I i F z 1 z AIV4�L Ll I L2 P. .S. ARCEL 154 3,240 S4 FT. 1 0.07 ACRES 30' 5' Im I LU 1 ic?e3� j1p�j h L 1 ��OCDcc 1 W P.O.C. n S.E. CORNER _ — $ SECTION 31 _ TOWNSHIP 31 SOU Z W TOWNSHIP 32 SOUTH _ 77th STREET I LINE TABLE LINE LENGTH BEARING I ' Lt 30.00 N 9 YO " E L2 129.79 W P L3 129.40 I L4 25.00 soolyww S CURVE TABLE i CURVE I LENGTH RADIUS IuYGEN CHORD BEARING DELTA I C1 25.01 3080.00 12 50 25.01 1 M0127 -12"E 1 0'27'55" t E LESaLiN SECTION UNE ! — — --- — EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY PARCEL E — — RIGHT OF WAY UNE E P.O.C. POINT OF COMMENCEMENT ».r e.,ent.. east a hpd d�opNa ed ekeron of en. Pr�b eases P.0.8. POINT OF BEGINNING p meN nlr mr aa>..:.�n nnf that eMr hod dewrbtbn R/W RIGHT OF WAY �+�+�� mwb tM els rden4 Npoenb wt MM 1y w4 Re ds ds-flu, fetSe G PG PAGE 04.41 N w.f wmd A dreadsd Aa„e,wat. 0,169 p. -t tb en9dwseMhe VIM, I ORB OFFICIAL RECORDS BOOK teANa0na twtrn&— andmbpwMaeol b tM TOE TEMPORARY CONSTRUCTION °it °/ my enededde end 04Ae% s.t Amt ro ne n4esN.n. ehe.n i EASEMENT FOOT FLORIDA DEPARTMENT OF TRANSPORTATION — P SECT. SECTION ea —&mE P..1m. to M70 JUL z a eon n'4t �dM etthwt M4 elormGn end !M vfpetd neaed wd ./ . Rarfab � �••:• tbweed SYM aril LEGAL DESCRIPTION AND SKETCH OF=1OF R oto IVRI��i7I rpf.nnesl+....w.s�.n .s7m .enc ..d �. suss n .nee 7jio79l reosaT ua PARCEL 154 .® er ® as INDIAN RIVER COUNTY, FLORIDA 97 Of0ce Of Consent 0311312018 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 THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: March 7, 2018 ATTORNEY SUBJECT: Subordination of City Utility Interests to the Florida Department of Transportation, for the SR 60/431d Avenue Project In June 2015, the County and the Florida Department of Transportation (FDOT) entered into a County Incentive Grant Program Locally Funded Agreement (Incentive Agreement) whereby FDOT would acquire the needed right-of-way for the SR 60/43 Id Avenue intersection improvements (Project) with the cost of acquisition to be split equally between the parties. As a result of title searches, surveying and performing utilities locations, an additional City of Vero Beach Utility easement has been found along the east side of 43rd Avenue on the City owned property that was once the Dodgertown Golf Course. A right-of-way map attached to this memo shows the easement highlighted in blue. FDOT has also asked the City to subordinate its interest in the utility easements to FDOT, which will be considered by the City Council at an upcoming meeting. The City and FDOT are now asking the County to join into that agreement to pay for the costs of relocation of the City utilities that will have to be relocated during the Project. Since the City utilities lie in an easement owned by the City, the party requesting the relocation of the utilities must pay for the cost of moving them to the new location. As the County is responsible for construction of the Project (with financial assistance from FDOT) the County is responsible for the cost of relocation. FUNDING. Funding for this matter is budgeted and available in the Optional Sales Tax/Construction in Progress /43rd AVE 18th ST to 26th ST, account number 31521441-066510-06041. An exact cost amount to move the utilities cannot be determined at this time, however it is estimated to be approximately $1,000.00. City Utility Subordination, SR 60/431d Avenue March 7, 2018 Page 2 RECOMMENDATION. Staff recommends the Board of County Commissioners approve the Subordination of City Utility Interests with the City of Vero Beach and the Florida Department of Transportation, for the SR 60/43rd Avenue Project and approve the accompanying Resolution authorizing the Chairman to execute the Subordination on behalf of the Board. Attachments: Right-of-way map Subordination of City Utility Interests Resolution Authorizing the Chairman to sign the Subordination of City Utility Interests Copy to: Richard B. Szpyrka, P.E., Public Works Director William Johnson, P.E., Roadway Production Engineer Robin Brisebois, FDOT 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 Stefanie Beskovoyne Assistant City Attorney City of Vero Beach SBeskovoyne(o),COVB.orq 99 y tm1fl I ent .may i SLA m My ..I �'f ^Ici ��l �r.8 Q h E�z k �• 39rL xslZ "Am ai:m•a� ,alai of _. at:.9�cr �{t � I I In --ry�'c.��`-..y4p�sr�4�.•1fr ,o3xri x5 i� �Wy �nI I. 8 y « ent .may ..I �'f ^Ici ��l �r.8 . 1 ' a .w.zl.c. w .. •zf•a: •sate � � 6 �• 39rL xslZ "Am ai:m•a� ,alai of _. at:.9�cr �{t � I I In u g y « v+StajOc f yF� Vtfa 1 yr SIN (f 133HS 33S) 00.00.16 'ViS - 3N11 HOLM Z ! 4 100 23-UTL.04-06/93-Modified by D4/DR This instrument prepared under the direction of: Legal Description prepared by: Louis Cefolia, P.S.M. (09-25-17) Document prepared by: Grace K. Abel (09-25-17) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 102.5 Item/Segment No. 4317591 Section: 88060-2526 Managing District: 04 S.R. No. 60 County: Indian .River SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this day of —201 — 01_, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the COUNTY, and the CITY OF VERO BEACH, a Florida municipal corporation, hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the COUNTY: and WHEREAS, the COUNTY is willing to pay to have the ams facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, CITY and COUNTY agree as follows: CITY subordinates to the interest of COUNTY its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 102 Item/Segment No. 4317591 A portion of Tract 5, INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, lying in Section 3, Township 33 South, Range 39 East, as shown on Sheets 2 and 6 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4317591, Section 88060-2526, being more particularly described as follows: Page 1 of 5 101 Commence at a PK nail, found marking the West One -Quarter (W 1/4) Corner of said Section 3, also being a point on the Baseline of Survey of County Road 611 (43rd Avenue); thence North 00°00'25" East along the West line of said Section 3 and said Baseline of Survey of County Road 611 (43rd Avenue), a distance of 661.82 feet; thence South 89°59'35" East along a line at a right angle to the previously described course, a distance of 50.00 feet to a point on the Easterly Existing Right of Way line of said County Road 611 (43rd Avenue) and the POINT OF BEGINNING; thence North 00°00'25" East along said Easterly Existing Right of Way line of County Road 611 (43rd Avenue), a distance of 750.14 feet; thence South 07°49'06" Fast, a distance of 139.55 feet; thence South 00°00'25" West, a distance of 75.08 feet; thence South 101127'52" West, a distance of 33.06 feet; thence South 00°00'25" West, a distance of 345.67 feet; thence South 04°41'31" West, a distance of 159.16 feet to a point on said Easterly Existing Right of Way line of County Road 611 (43rd Avenue) and the POINT OF BEGINNING. Containing 8,785 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B. & PAGE Easement 11/30/70 Dodgertown, Inc., a City of Vero Beach, a O.R.B. 371, Florida corporation municipal corporation of the State of Florida PG. 310 PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the COt1NTY'S current minimum standards for such facilities as required by the COUNTY'S applicable procedure or guidelines, in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the COUNTY. Should the COUNTY fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter, adjust, or relocate its facilities located within said lands, the COUNTY hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph I above, including the right to trim such trees, brush, and growth which might Page 2 of 5 102 endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the COUNTY 's facilities. 4. The CITY agrees to repair any damage to COUNTY facilities and to indemnify the COUNTY against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. Except to the extent provided by section 768.28, Florida Statutes, nothing in this Agreement shall be construed or intended to be a waiver of the parties" sovereign immunity whether by contract or by law. Signature pages follow Page 3 of 5 103 IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: JEFFREY R. SMITH Clerk of Circuit Court and Comptroller ME Deputy Clerk APPROVED AS TO FORM AND LEGAL SUy l,-FICIENCY WILLIAM K. DEBRAAL Deputy County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER Board of County Commissioners INDIAN RIVER COUNTY, FLORIDA PETER D. O'BRYAN Chairman BCC Approved: (Official Sea]) The foregoing instrument was acknowledged before me this day of 2018, by Commissioner PETER D. O'BRYAN, Chairman, who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 4 of 5 104 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its City Council acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid. ATTEST: Tammy Bursick City Clerk SEAL STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH, a Florida municipal corporation By: Harry Howle III Mayor The foregoing instrument was acknowledged before me this day of 2018, by Harry Howle III, as Mayor, and Tammy Bursick, as City Clerk, who are personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as conforming Approved as to technical to City policy: requirements: James R. O'Connor Robert J. Bolton City Manager Director, Water & Sewer Approved as to form and legal sufficiency: Wayne R. Coment City Attorney Page 5 of 5 105 RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A SUBORDINATION OF CITY UTILITY INTERESTS FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE 43RD AVENUE/STATE ROAD 60 PROJECT. WHEREAS, the construction improvements to the 43rd Avenue/State Road 60 intersection, including the addition of turn lanes, drainage piping with drainage structures, signalization, signing and pavement markings from 18th to 26th Street ("Project") is an Indian River County priority project; and WHEREAS, the City of Vero Beach has a utility easement that may be affected by the Project; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Subordination of City Utility Interests for the aforementioned Project, in case the utility facilities need to be relocated should there be a conflict that arises during construction of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Subordination of City Utility Interests for the aforementioned project. The foregoing resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc who moved and, upon being The Chairman thereupon declared the resolution passed and adopted this 13th day of'March, 2018. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Peter D. O'Bryan, Chairman Approved as to Form and Legal Sufficiency M", A�;" William K. DeBraal Deputy County Attorney F:\Attorney\Bill\Capital Projects\43rd Avenue Project\FOOT Documents\Resolution Subordination of 2nd City of Vero Beach Utilities 2018.doc 106 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Stan Boling, AICP; Community Development Director DATE: February 12, 2018 SUBJECT: Consideration of Land Development Regulation (LDR) Amendments to Chapters 910, 913, 914, 952, and 971 Regarding Traffic Study Requirements, Subdivision and Site Plan Review Processes, and Staff Level Approval Authority for Certain Uses (Legislative) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 13, 2018. BACKGROUND The subject proposed LDR amendments were initiated by the Board of County Commissioners (BCC or Board) at its January 16, 2018 meeting based on recommendations from the Development Review and Permit Process Advisory Committee (Committee) and support from staff (see Attachment 1). The proposed amendments are the first "installment" of LDR changes considered and proposed by the Committee, and represent changes to portions of the existing development review process. No development standards or criteria are proposed to be changed. The amendments are proposed as a set of five separate ordinances with each ordinance structured to amend a separate LDR chapter; specifically chapters 910, 913, 914, 952, and 971. The Planning and Zoning Commission (PZC) considered the proposed LDR amendments on February 8, 2018 and voted unanimously to recommend that the Board adopt the proposed amendments with one minor change. That change has been incorporated into the ordinance now proposed for the Board's adoption. The PZC's minor change is described in the analysis section of this report. The Board is now to consider the proposed LDR amendment ordinances and adopt, adopt with modifications, or deny the ordinances. ANALYSIS • Committee Background, Purpose, and Recommendations On July 11, 2017, the Board established the Development Review and Permit Process Advisory Committee by resolution (see Attachment 2). The Committee consists of thirteen total members and one alternate: ten members appointed by individual commissioners, and three "at large" members and one alternate appointed by the full BCC. The BCC appointed members at its August 15, 2017 meeting. Impacts from Hurricane Irma delayed the Committee's initially scheduled September 2017 organizational meeting. C:\Users\legistar\AppData\Local\Temp\BCI_ Technologies\easyPDP 8\@BCL@780D49CO\@BCL@780D49CO.docx 107 The Committee began in October 2017 to meet monthly and will automatically sunset October 18, 2018 or upon completion of its Board -assigned tasks, whichever occurs first. Currently, the Committee is focusing on its primary objective to identify issues and adopt recommendations for improving and streamlining aspects of the existing development review process. In its initial work with staff and the public, the Committee heard from staff about the need to increase the number of development review staff in planning, engineering, and fire prevention (addressed in new County budget effective October 1, 2017), reviewed development process flowcharts, identified process "bottlenecks" and problem areas, and developed recommendations for improvements. To date, the Committee has focused on development review processes for site plan and subdivision projects ("horizontal" development plan applications), final plat and posted security items, the affidavit of exemption process, and lot drainage plans. In the future, the Committee will work on building permit ("vertical" development permit applications) process items, followed by consideration of development review fees, and potential process improvements that may be available through increased automation. 0 Proposed Amendments Chapter 910 (Concurrencv) "Ordinance #1" Currently, under Chapter 910 and 952 regulations, Traffic Engineering provides the traffic evaluation for projects that generate fewer than 100 average daily trips. For projects generating 100 or more daily trips, an applicant is required to submit a traffic study that must be reviewed and approved by Traffic Engineering. Changes proposed to Chapter 910 (and 952) reflect the new threshold for traffic study submittal by an applicant (from 100 average daily trips to 400). The 400 trip threshold (equates to 40 single- family homes or a 6,250 sq. ft. of retail variety store) was proposed and supported by the Public Works Director based on a determination that the 100 trip threshold is unnecessarily low and that the 400 daily trip threshold appropriately reflects projects of a size that rarely, if ever, require off- site improvements such as turn lanes. If adopted, the higher threshold will relieve applicants of smaller projects from the responsibility of providing a traffic study for Traffic Engineering's review and will transfer the responsibility of evaluating small project traffic impacts to Traffic Engineering. Consequently, for projects that produce fewer than 400 daily trips, Traffic Engineering will directly determine traffic impacts and identify/require off-site improvements, if any. No change in traffic evaluation criteria or traffic standards are proposed. Effective date: Upon filing with the Department of State; essentially immediately. Chapter 913 (Subdivisions and Plats) "Ordinance #2" Changes proposed reflect a one week increase in up -front staff review time and adjust re -submittal items that will save overall review and approval time on the backend of the process. Proposed changes are summarized as follows: C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@78OD49CO\@BCL@78OD49CO.docx 108 I . Providing applicant the option of submitting an approved traffic methodology rather than a traffic study, concurrency certificate, or concurrency application at the time of preliminary plat application. 2. Adding 7 days more staff review time prior to TRC. 3. Requiring staff to conduct a pre-TRC inter-departmental coordination meeting. 4. Requiring staff to send draft TRC comments to the applicant prior to TRC. 5. Requiring staff to indicate code/safety/engineering-required comments and advisory comments. 6. Requiring final TRC comments to consist of draft comments and items discussed at TRC. 7. Requiring applicant responses to recite each staff comment and indicate where a change has been made on the revised preliminary plat. 8. Requiring submission of a traffic study and concurrency application prior to or at the time of the post-TRC resubmittal. 9. Authorizing staff level approval for preliminary plats proposing less than 25 residential lots or units. (Note: the 25 lot/unit threshold is consistent with the small project threshold used in other regulations such as the Chapter 918 sewer connection requirements.) Effective date: Because the application review scheduling and routing process will change, a delayed effective date is needed for staff training and notification to potential applicants. As proposed, the effective date will be May 1, 2018. Chapter 914 (Site Plans) "Ordinance #3" Changes proposed for site plans reflect the same changes described above for preliminary plats, and also include an updated reference to the new traffic study threshold. Effective date: For the same reasons relating to Chapter 913 changes, the proposed effective date will be May 1, 2018. Chapter 952 (Traffic) "Ordinance #4" Changes proposed reflect traffic study threshold and traffic study review process adjustments, and are summarized as follows: 1. Providing for the new traffic study submittal threshold. 2. Providing the option for the Public Works Director to approve conducting a traffic methodology pre-application conference by telephone. 3. Requiring the methodology meeting to be held within 5 business days of the request for the meeting made in writing or via email. 4. Requiring the applicant's engineer to provide a site access plan 3 days prior to the methodology meeting. 5. Clarifying that the approved traffic methodology will be signed and dated by staff. 6. Requiring approval of the traffic methodology prior to formal site plan or preliminary plat application submittal. 7. Requiring traffic study submittal prior to or at the time of the post-TRC resubmittal. 8. Providing review timeframes for traffic study submittals. 9. Updating the traffic methodology submittal requirements. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780D49CO\@BCL@780D49CO.docx 109 Effective date: Upon filing with the Department of State; essentially immediately. Chanter 971 (Specific Land Use Criteria) "Ordinance #5" Changes proposed reflect staff -level approval authority rather than PZC approval for uses that are commonly approved by the PZC without controversy or expressed concerns. Changing from PZC approval to staff -level approval would save 14 — 28 days in approval time for affected projects. No changes to development criteria or standards are proposed. Uses affected include miniature golf courses in the CH district and the following: 1. Building materials/lumber yards in CG 2. Outdoor storage in CH 3. Veterinary clinics in A-1, A-2, A-3, CL, CG, CH 4. Child care in all agricultural and residential districts, PRO, OCR, CN 5. Nursing Homes in MED 6. Single-family accessory dwelling unit (aka "mother-in-law" units) in all agricultural and residential districts 7. Drug stores in CN, OCR 8. Used vehicle sales in CH During its February 8, 2018 meeting discussion, the PZC took note of the fact that any staff -level approval decision is appealable to the PZC and that site plan projects scheduled for PZC consideration are covered by a requirement that a courtesy notice sign be posted on the project site prior to the PZC meeting. After further discussion, the PZC recommended approval of the Chapter 971 amendments with one change: continuing to require a courtesy sign -posting on the subject property to alert neighbors of the proposed development of any of the uses affected. That recommended change has been incorporated into the proposed Chapter 971 amendments. Effective date: Upon filing with the Department of State; essentially immediately. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt all five ordinances amending Chapters 910, 913, 914, 952, and 971 of the land development regulations. ATTACHMENTS 1. Minutes from January 16, 2018 BCC Meeting 2. Resolution Establishing the Committee 3. Draft Minutes from February 8, 2018 PZC Meeting 4. Ordinance #1 for Chapter 910 5. Ordinance #2 for Chapter 913 6. Ordinance #3 for Chapter 914 7. Ordinance #4 for Chapter 952 8. Ordinance #5 for Chapter 971 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@78OD49CO\@BCL@78OD49CO.docx 110 Board of County Commissioners Meeting Minutes - Final January 16, 2018 11. COUNTY ADMINISTRATOR MATTERS 11.A. 18-1378 Indian River Medical Center Potential Financial Impact on Recommended Action: No Action Required Attachments: Staff Report Preliminary Budget FY 2017-2018 Profit Loss Budget vs. Actual FY 2017-2018 County Administrator Jason Brown r alled the Board's direction at the January 9, 2018 County Commission meet for staff to provide an update regarding: (1) the Zetct impact on the Co y of a sale of the Indian River Medical Center (IRMC); digent care e crises funded by the Indian River County Hospital District ital Dist ' t). He detailed the average reimbursement rates among hospitals g to ata provided by hospital officials) and concluded that any significant reimbursement rates from those currently charged by IRMC could create a al impact on the County's health plan with Florida Blue. He also provided nd and analysis on the Hospital District's funding for indigent care at the IRMC. Discussion ensued as Board Members offered comments and sought additional financial details from Administrator Brown. No Action Taken or Required 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. 18-1326 Consideration of Two "Early" Recommendations from the Development Review and Permit Process Advisory Committee: Changes to LDR Chapters 910, 913, 914, 952, and 971; and Payment Timing Option for Certain Fire Construction Plan Review Fees Recommended Action: The Development Review and Permit Process Advisory Committee and staff recommend that the Board of County Commissioners: 1. Authorize staff to initiate the formal LDR amendment process for the attached draft LDR amendments, and 2. Adopt the resolution providing a fire construction plan review fee payment timing option for projects subject to a large fee. Indian River County Florida Page 6 111 Board of County Commissioners Meeting Minutes - Final January 16, 2018 Attachments: Staff Report Minutes from November 8, 2017 Minutes from December 14 2017 Summary of LDR Changes Chapter 910 draft ordinance Chapter 913 draft ordinance Chapter 914 draft ordinance Chapter 952 draft ordinance Chapter 971 draft ordinance Memo from Emergency Services Director Proposed Resolution (Clerk's Note 1: This item was heard following Item 12. C.1. Fair Associations Request to Amend the Agreement for Use of the Indian River County Fairgrounds, and is placed here for continuity). Community Development Director Stan Boling provided background on the focus and goals of the Development Review and Pen -nit Process Advisory Committee (the Committee). He reviewed the information contained in staffs report to explain the proposed amendments to the Land Development Regulations (LDRs) and the proposed fee payment option for projects with high fire construction plan review fees. Deb Robinson, Laurel Homes, and Chairman of the Development Review and Permit Process Advisory Committee, stated that the Committee's recommendations would benefit the homeowners and the developers. The Board posed questions to staff about responding promptly to permit applicants; traffic study requirements and staff review time; and fire inspection review fees. A motion was made by Vice Chairman Solari, seconded by Commissioner Flescher, to authorize staff to initiate the formal LDR amendment process for the draft LDR amendments as included in staffs report; and approve Resolution 2018-014, amending the schedule for payment of fees for plan review for Commercial, Institutional and Multi -Family Residential Developments and providing an effective date. The motion carried by the following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner Flescher, and Commissioner Zorc B. EmerlIency Services C. General Services Indian River County Florida Page 7 112 RESOLUTION NO. 2017- neo 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 FAAttorney`fflill\Community Developement\Committees\Permitting and development advisory committee resolution.doc 113 RESOLUTION NO. 2017- 070 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 to thirteen 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 through thirteenth members shall be at large members 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. Identify issues and adopt recommendations for improving and streamlining aspects of the development review and permit process including use of technology and automation. b. 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. C. 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 2 114 RESOLUTION NO. 2017-_= Commissioners. d. Review of Development Review fees for the Community Development and Public Works departments. e. Reserved for additional powers and duties as decided by the Board. 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. CONS ULTANTNENDOR CONTACT. The chair or individual Committee members are prohibited from contacting consultants or vendors retained by the County. 3 115 RESOLUTION NO. 2017- 070 The resolution was moved for adoption by Commissioner Solari , and the motion was seconded by Commissioner niBrnan and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher &YE Vice Chairman Peter D. O'Bryan AYE Commissioner Susan Adams AYE Commissioner Bob Solari WE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution duly passed and adopted this 11th day of July, 2017. INDIAN RIVER COUNTY Board of County Commissioners Attest: Jeffrey R. Smith, Clerk Of the Circuit Court and Comptroller ••Qh1MJss'•• B �,� By F9': y. Q,Q.Q,!/)tQ`� sep E. Flescher, Chair, t Terri Collins -Lister , Deputy Clerk s Approved as to form and legal BCC approval date: July il, sufficiency: / •••• /fli� William K. DeBraal Deputy County Attorney n 116 Mr. Steven Hitt, Senior Environmental Planner, detailed proposed edi relating to coastal management in the Future Land Use Element and e a PowerPoint presentation, copies of which are on file in the Boar County Commissioners (BCC) Office. He recommended that the ommissioners recommend that the BCC approve the proposed amen ents to the Coastal Management Element and Future Land Use Elemen r transmittal to state and regional review agencies. Discussion followed regardin a level rise projections as they relate to coastal high hazard area policie nd safety plans. ON MO�T BY Mr. Brognano, SECONDED BY Ms. r�awop, the members voted unanimously (5-0) to approve staff recommendations on this Legislative matter. Chairman Polackwich read the following into the record: D. Consideration of Land Development Regulation (LDR) amendments to Chapters 910, 913, 914, 952 and 971 regarding traffic study requirements, subdivision and site plan review processes and Staff level approval authority for certain uses. [Legislative] Mr. Stan Boling, Community Development Director, reviewed information regarding the proposed LDR amendments. He referenced the Development Review and Permit Process Advisory Committee that was established by the BCC and began meeting in October of 2017 and he went on to detail their proposed Staff supported amendments. He recommended that the Commissioners recommend that the BCC adopt all five ordinances amending Chapters 910, 913, 914, 952 and 971 of the LDR regulations. Discussion followed regarding staff level approvals, sign posting notice policies and appeal processes. It was suggested that notification signs be posted even when there are Staff level approvals for the eight uses proposed to go from PZC approval to staff level approval. Ms. Debbi Robinson, Development Review and Permit Process Advisory Committee Chairperson, recapped the committee's task of streamlining the land development process while still protecting the public's safety, welfare and interests. She clarified that the Staff level approvals would pertain only to permitted uses that generally come to the Board on the Consent agenda, adding four weeks to the process as well as a disproportionate amount of staff time. PZC/Unapproved 7 February 8, 2018 F:\BCC\All Committees\P&Z\2018—AGENDAS & MINUTES\PZC 020818.doc 117 ON MOTION BY Mr. Landers, SECONDED BY Mr. Brognano, the members voted unanimously (5-0) to approve staff recommendations with added sign notifications for the eight uses proposed to go from PZC approval to staff level approval. missi Th-6r�were none. Planning Matters Mr. Stan Boling stated Visykelihood of a meeting on February 22, 2018. Attorney's Matters There were none. Adiournment There being no further business, the meeting adjourned at 9:56 p PZC/Unapproved 8 February 8, 2018 F:\BCCWII Committees\P&Z\2018—AGENDAS & MINUTES\PZC 020818.doc 118 ORDINANCE 2018 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM; BY AMENDING SECTION 910.11(l)(B) DETERMINATION OF CONCURRENCY, SPECIFICALLY; 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 910, CONCURRENCY MANAGEMENT SYSTEM, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 910.11 (1)(b), first two paragraphs, "Concurrency analysis", specifically; as follows: (1) Transportation. (b) Concurrency analysis. The public works department and community development department shall be the agencies responsible for determining whether adequate capacity is available to support traffic expected from a given proposed development such that a finding of concurrency may be rendered. Using the information inventoried pursuant to section 910.11(1)(a) above, expected development generated traffic shall be assigned to those two-lane roadway segments identified as receiving at least eight (8) or more peak season/peak hour/peak direction trips and those four -lane (or wider) roadway segments identified as receiving fifteen (15) or more peak season/peak hour/peak direction trips generated by the development under consideration pursuant to section 910.11(1)(a)2 above. The community development department will review and assign trips to segments for all individual single family residential traffic concurrency determination applications. Trips for individual single-family concurrency determinations shall be assigned as provided in 910.09(4)(b)3. Traffic Engineering Division staff will review and assign trips to segments for all projects generating less than enefour hundred (-1 400) average trips per day. For larger projects generating on four hundred (4-0-04UO or more average trip ends per day, the applicant shall submit a traffic impact analysis (TIA) or traffic impact statement (TIS) as required by Chapter 952 regulations. Based on this TIA or TIS, the public works department will assign trips to roadway segments. The community development staff will update the database as concurrency determination certificates are issued. 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 Sti4ke thretigT-. Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 910.11(1)(b) - Determination of concurrency.docx 119 ORDINANCE 2018 - 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 th day of , 2018, for a public hearing to be held on the _rd day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2018. mm Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Bold Underline: Additions to Ordinance Stt4ke through--. Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 910.1 l(1)(b) - Determination ofconcurrency.docx 2 120 ORDINANCE 2018- 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, AICP; Community Development Director Bold Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 910.11(1)(b)- Determination ofconcurrency.docx 3 121 ORDINANCE 2018 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING SECTIONS AND SECTIONS 913.07(4)(A) AND 913.07(4)(F) SPECIFICALLY; 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 914, GENERAL SUBMITTAL REQUIREMENTS AND CHAPTER 913 SUBDIVISIONS AND PLATS, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 913.07 (4)(A), "Preliminary plat application and review submission of application"; as follows: (4) Preliminary plat application and review. (A) Submission of application. Upon completion of the formal pre -application conference, the applicant may apply for preliminary plat approval. At his or her option, an applicant may simultaneously apply for preliminary plat approval and for land development permit review. No land development permit may be issued until the preliminary plat is approved. An applicant shall apply for preliminary plat approval by furnishing to the community development director: a. A complete application form, as provided by the community development department; b. The appropriate filing fee established by the board of county commissioners; c. Ten (1) sets of the plat drawings and a written response to each item in the project's pre -application conference discrepancy letter or a written description of all revisions made to the project plans since the pre -application conference review; d. Two (2) sealed surveys; e. One (1) aerial of the site with overlay of project showing the surrounding two hundred (200) feet of adjacent properties; f. Two (2) copies of the owner's deed; g. If an agent is used, a letter from the property owner authorizing the agent to function on his behalf, plus one copy of the letter; h. Two (2) copies of a tree and vegetation survey showing the boundaries and acreage of environmentally sensitive areas (see Chapter 928) and environmentally significant areas (see Chapter 929), where such areas exist on- site. Bold Underline: Additions to Ordinance ' c^cm e-thfetfg4i Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 913.07(4)(A) and (F) - Preliminary Plat application and review.docx 1 122 ORDINANCE 2018- 1. An initial or conditional concurrency certificates or evidence of application for a certificate or a copy of the approved traffic methodology for the development proiect. The community development director or his designee shall determine whether or not an application is complete and can be routed for interdepartmental review. No incomplete application shall be routed for review. The applicant shall be notified as soon as an incomplete determination has been made. SECTION #2: Amend LDR Section 913.07 (4)(F), "Reviews"; as follows: (F) Reviews. Technical review committee review a. Within three (3) working days of a preliminary plat application the community development department shall make an application completeness determination and shall contact the applicant if the submittal is determined to be incomplete. The Within three (3) working days of a determination of completeness, the community development department will forward one copy of the proposed preliminary plat to each of the county divisions or other interested agencies within th ee (3)working : g ��i g a uofthe initial u s bmit4a of the p ..,., el':r., y plat for their review and written comments or .�u «a approval. b. Within eleven (11) -eighteen (18) days after the receipt of the routing of the preliminary plat and prior to the date the ph ti ha ' a to b eensidefed at a T -RG meeting, T -RG membefs shall submit to the planning division wr-iaen staff �- approvals or- the ident•t of a• Nu i«TRC J cam meeting date at which the application is scheduled to be considered, each TRC member shall review the application and submit written comments to the planning division. Prior to each TRC meeting, the planning division shall conduct an inter -departmental staff coordination meeting to coordinate draft comments and transmit post -coordination meeting draft comments to the applicant by email or similar medium prior to the TRC meeting. - c. At a technical review committee (TRC) meeting, the discrepancy comments will be reviewed. d. The community development department shall, within four (4) working days from the TRC meeting, transmit a comment letter to the applicant or his engineer identifying all of the discrepancies pertaining to the preliminary plat that were discussed at the TRC meeting. Each comment shall either indicate that the comment involves a code, safety, or engineering requirement or that the comment is advisory. Comments shall consist of the draft comments and items discussed at the TRC meeting. Bold Underline: Additions to Ordinance Sk44i@ through, Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 913.07(4)(A) and (F) - Preliminary Plat application and review.docx 2 123 ORDINANCE 2018 - The applicant shall respond, in writing, to each comment following receipt of the discrepancy letter and submit five (5) sets of a revised preliminary plat if deemed necessary by the community development staff with a written response to each item in the project's TRC discrepancy letter and a . r -44e ..o„„est t �- plaeed en the planning Alia zoning ' agenda f 1 Each response must recite the subject staff comment adequately address the comment, and indicate where any corresponding revision has been made on the preliminary plat. If the preliminary plat requires PZC approval, the Tirapplicant's written response shall include a separate document that verifies the duration of the required sign posting and summarizes all contacts with the public. The summary shall, at a minimum, describe the nature of contacts (e.g. from nearby resident, by phone), the types of comments received, and changes to the project proposal (if any) based on comments received. f The TR ma 'evict of the pr-ejeet b TRG member -s t be diseuss a at another- Tnr meeting.At the discretion of the technical review committee applications with substantial deficiencies may, upon re -submittal, be scheduled for re -review at another technical review committee meeting. g. As part of the post -TRC re -submittal, a traffic study shall be submitted if required by Chapter 952 regulations and a concurrency certificate or evidence of application for a concurrency certificate shall be submitted if required by Chapter 910 regulations. gh. Once all TRC comments have been adequately addressed, the community development department shall approve the preliminary plat if the plat is a road plat or a plat for a residential subdivision and provides for less than 25 residential lots or units. All other preliminary plat applications that are not staff -level approval and that have been signed -off by the TRC members shall be scheduled the applieat for consideration at the soonest available planning and zoning commission meeting. An applicant may request, at any time in the review process, that the application be forwarded to the planning and zoning commission for consideration. Said request shall be submitted to the planning division in writing and shall acknowledge that, in staff s opinion, the application is not ready for consideration due to a lack of adequate responses to staff and/or reviewing agency comments. 2. Planning and zoning commission review and action. Upon completion of the county staff review, the preliminary plat plans and application, along with recommendations, will be forwarded to the Indian River County planning and zoning commission for review and consideration for approval. The decision of the planning and zoning commission shall be final unless the application is appealed to the board of county commissioners. Any approval shall be noted on the preliminary plat in the following form: CERTIFICATE OF APPROVAL BY PLANNING AND ZONING COMMISSION Bold Underline: Additions to Ordinance °i^kh: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinanccs\2018- 913.07(4)(A) and (F) - Preliminary Plat application and review.docx 124 ORDINANCE 2018 - THIS IS TO CERTIFY, That on / / the Indian River County Planning and Zoning Commission approved this preliminary plat. (Chairperson) 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 May 1, 2018. This ordinance was advertised in the Press -Journal on the to day of , 2018, for a public hearing to be held on the rd day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Bold Underline: Additions to Ordinance Strike through Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\20I 8- 913.07(4)(A) and (F) - Preliminary Plat application and review.docx 4 125 ORDINANCE 2018 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2018. am Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller :• 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, AICP; Community Development Director Bold Underline: Additions to Ordinance e'^1.e Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 913.07(4)(A) and (F) - Preliminary Plat application and review.docx 5 126 ORDINANCE 2018 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 914, SITE PLAN REVIEW AND APPROVAL PROCEDURES; BY AMENDING SECTIONS 914.06(1) AND 914.06(5) GENERAL THRESHOLDS AND PROCEDURES FOR SITE PLAN REVIEW AND APPROVAL, SPECIFICALLY; AND BY AMENDING SECTION 914.14(3) GENERAL SUBMITTAL REQUIREMENTS SPECIFICALLY; 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 914, GENERAL THRESHOLDS AND PROCEDURES FOR SITE PLAN REVIEW AND APPROVAL, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 914.06 (1), "Site plan thresholds"; as follows: (1) Site plan thresholds. (a) Major site plans. The following projects shall constitute major site plan projects and shall require, except as noted in paragraph 4 below, major site plan approval. 1. Residential projects having three (3) or more dwelling units 2. Nonresidential projects comprised of five thousand (5,000) square feet or more or new impervious surface area, or projects comprised of new impervious surface area representing more than ten (10) percent of the site/area of development, whichever is less. 3. Where three (3) or more minor site plan requests or six (6) or more administrative approval requests for a single project area/site have been submitted and approved over any five-year period of time; where potential cumulative impacts exceed the criteria of a major site plan application or together may create a substantial impact, the director of the community development department may require any subsequent minor site plan or administrative approval application to be reviewed pursuant to the criteria of a major site plan. 4. The following major site plan projects shall require the same approval process required of minor site plan projects: a. Residential projects invelvn-€eur- (4) or- ",e dwelling units; and -that constitute a permitted use and that propose less than 25 residential units. b. Nonresidential projects involving less than one hundred fifty thousand (150,000) square feet of new impervious surface area, regardless of new building area amount. (b) Minor site plan. The following projects shall constitute minor site plan projects and shall require minor site plan approval. Bold Underline: Additions to Ordinance Strike three Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 914.06(1) and 914.06(5) - General thresholds and procedures for site plan review and approval and 914.14(3) - General Submittal Requirements.docx 127 ORDINANCE 2018- 1. Any residential project, comprised of less than three (3) units determined not be an exempted single-family development (see section 914.04). 2. Nonresidential projects comprised of less than five thousand (5,000) square feet of new impervious surface area. 3. Nonresidential projects adding or replacing two thousand (2,000) square feet or more of building gross floor area that do not constitute a major site plan. (c) Administrative approvals. The following projects shall constitute administrative approval site plan projects and shall require administrative approval. 1. A modification or alteration to any project covered in section 914.04 of this chapter, consisting of less than one thousand five hundred (1,500) square feet of new impervious surface area which does not require major or minor site plan approval. 2. Improvements or activities which are required to obtain administrative approval pursuant to requirements specified in other chapters of this code. SECTION #2: Amend LDR Section 914.06 (5), "Departmental review of site plan applications"; as follows: (5) Departmental review of site plan applications. (a) Coordinating division. The planning division shall be responsible for the coordination of all site plan reviews. Applicants shall submit all applications and materials to the planning division. (b) Completeness review: 1. The planning division shall review all applications to ensure completeness before distribution to reviewing departments and agencies. Only complete applications will be distributed to the reviewing departments and agencies. Failure to submit required application material will result in the application material not being distributed; the application will be deemed incomplete. Planning staff shall notify the applicant within €tee {}three (3) working days of submittal if the application is incomplete and will route the proposed site plan within three (3) working days of a determination of application completeness. 2. Applicants shall have thirty (30) days from the notice of an incomplete application to complete the application; failure of the applicant to complete the application within the thirty (30) day period shall void the application request. 3. Once the application is deemed to be complete, it will be distributed by the planning division for departmental review, and consideration at the appropriate TRC meeting. (c) Application distribution for review. For complete applications, the planning division shall distribute all appropriate application material(s) to the appropriate TRC members, all appropriate county departments, and other state, regional and local review agencies. (d) TRC review and comments. Each TRC member shall review the application and submit written comments to the planning division withineleven Teighteen (18) days after the Bold Underline: Additions to Ordinance C'^,l',-: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 914.06(1) and 914.06(5) - General thresholds and procedures for site plan review and approval and 914.14(3) - General Submittal Requirements_docx `RK, ORDINANCE 2018 - routing of the site plan application materials and prior to the datetheapplication is selieduled, by the planning division to be eensidefed at a T -RG . TRC meeting date at which the application is scheduled to be considered Prior to each TRC meeting, the planning division shall conduct an inter- departmental staff coordination meeting to coordinate draft comments and transmit Post -coordination meeting draft comments to the applicant by email or similar medium prior to the TRC meeting. The technical review committee shall consider each application, shall complete a technical evaluation of the site plan application, and -shall identify any deficiencies or discrepancies, and for each comment shall either indicate that the comment involves a code, safety, or engineering requirement or that the comment is advisory. Comments shall consist of the draft comments and items discussed at the TRC meeting. Complete and final comments on all applications considered at the TRC meeting shall be assembled and forwarded to the applicant within four (4) working days. ^ p-phe tion At the discretion of the technical review committee, applications with substantial deficiencies may, upon post -TRC re- submittal, be rescheduled for re -review by heteehnieal ;=eviewLeoia*nit=tee tea e diSO-etiOR 0at another technical review committee meeting. (e) Resubmission, staff -level approval, and scheduling major site plans for planning and zoning commission consideration. The applicant's response to the TRC comments shall consist of five (5) revised plan sets, a traffic study if required by Chapter 952 regulations, a concurrency certificate or evidence of application for a concurrency certificate if required by Chapter 910 regulations, and an itemized letter that recites each staff comment, details detailing how all of the diserepaneies have been adequate! addressed_ each comment has been adequately addressed, and states where anv corresponding plan revision can be located. Once all defieieneies comments have been adequately addressed, all technical and informational requirements met, and the commenting members of the TRC have recommended approval or approval with conditions on the application, the application shall be approved by the community development director or his designee if staff -level approval, or scheduled for consideration before the planning and zoning commission if not staff level approval. 1. An applicant may request, at any time in the review process, that the application be forwarded to the planning and zoning commission for consideration. Said request shall be submitted to the planning division in writing and shall acknowledge that, in staff s opinion, the application is not ready for consideration due to a lack of adequate responses to staff and/or reviewing agency comments. (f) Approval of minor site plans. The TRC is authorized to approve, approve with conditions or deny minor site plan applications not requiring admi istr-ative pa.mit Planning and Zoning Commission approval. Within seven (7) working days after the applicant submits to staff a complete response to TRC comments (also known as a resubmittal), the county shall either issue site plan approval or a dis epane , comment letter. Once all commenting TRC members have reviewed and approved the applicant's responses to comments, the minor site plan shall be signed and approved. All approved minor site plans shall be signed by the community development director or his designee. Appeals ef Bold Underline: Additions to Ordinance ei-"�'hrOugh-: Deleted Text from Existing Ordinance F:\Cotmnunity Development\CurDev\Ordinances\20180rdinances\2018- 914.06(1) and 914.06(5) - General thresholds and procedures for site plan review and approval and 914.14(3) - General Submittal Requirements. docx 129 ORDINANCE 2018- (g) For all site plan applications that are not associated with a request involving a public hearing but are required to be reviewed by the Planning and Zoning Commission, the applicant shall submit the following along with his response to TRC comments and revised site plans: A separate document that verifies the duration of the required sign posting and summarizes all contacts with the public. The summary shall, at a minimum, describe the nature of contacts (e.g. from nearby resident, by phone), the types of comments received, and changes to the project proposal (if any) based on comments received. (h) Appeals of decisions made by the community development director or by the TRC may be made by applicants pursuant to the provisions of Section 914.13. SECTION #3: Amend LDR Section 914.14 (3), "General submittal requirements"; as follows: (3) General submittal requirements. (a) Three (3) surveys meeting the minimum technical standards and containing the information required in section 914.14(9), are required for major site plans, and may be required by the community development director for minor site plans and administrative approvals. (b) Ten (1) plan sets containing all the information required in this section (914.14). If a formal pre -application conference was held for the project, the applicant shall submit a written response to each item in the project's pre -application conference discrepancy letter or a written description of all revisions made to the project plans since the pre -application conference review. (c) A completed and signed site plan application form (furnished by the planning division). (d) A completed and signed land clearing and tree removal permit application pursuant to Chapter 927, or a completed acknowledgement form (furnished by the planning division) stating that no tree removal and/or land clearing as defined in Chapter 927 is to take place on-site. (e) When applicable, a completed stormwater management application and two (2) copies of the stormwater report pursuant to the requirements of Chapter 930. (f) A landscape plan meeting the requirements of Chapter 926. (g) A copy of the deed for the subject property. (h) Written authorization from the property owner(s) if the applicant/agent is other than the property owner(s). (i) A concurrency certificate, or evidence of application for a concurrency certificate, or a copy of the approved traffic methodology for the development project. Bold Underline: Additions to Ordinance et^ke throughi Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 914.06(1) and 914.06(5) - General thresholds and procedures for site plan review and approval and 914.14(3) - General Submittal Requirements.docx 130 4 ORDINANCE 2018 - For minor site plans and administrative approvals, the community development director or his/her designee may waive or modify submittal, information, tabulation, or any other application requirements if he/she deems that such information is not necessary or appropriate for a review of the proposed project. (k) Traffic impact analysis or statement study. All proposed developments which are determined to generate one the a (T000) t fnP� a o more, * 1^ ' T �`- onefour hundred (4-9A400) or more average daily trips^a nine t,, n -ed ninety (999) s, or -are located at a critical transportation location, as determined by the public works director, shall submit a traffic impact .,aalys:s study pursuant to the requirements of Chapter 952 prior to the post -TRC resubmittal. All projects generating between enefour hundred (4-400) or more average daily tripsand nine hun -e niaet�, nine (999) tfips shall submit traffic impact statement studies prior to the post - TRC resubmittal. (1) A shared (non -concurrent) parking study shall be required where there is a proposal by the applicant to reduce normal parking requirements pursuant to section 954.08 of the land development regulations. SECTION #4: 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 #5: 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 #6: 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 #7: EFFECTIVE DATE This Ordinance shall take effect May 1, 2018. This ordinance was advertised in the Press -Journal on the th day of , 2018, for a public hearing to be held on the rd day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Bold Underline: Additions to Ordinance c.avh. Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 914.06(1) and 914.06(5) - General thresholds and procedures for site plan review and approval and 914.14(3) - General Submittal Requirements.docx 131 ORDINANCE 2018 - Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2018. Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 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, AICP; Community Development Director Bold Underline: Additions to Ordinance Strike thfaug#: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 914.06(1) and 914.06(5) - General thresholds and procedures for site plan review and approval and 914.14(3) - General Submittal Requirements.docx 132 6 ORDINANCE 2018 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 952, TRAFFIC; BY AMENDING SECTION 952.07 TRAFFIC IMPACT STUDY; 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 952, TRAFFIC, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 952.07(1) through (8), "Traffic Impact Study"; as follows: (1) Purpose. (a) The purpose of a traffic impact study is to identify the potential impacts of new development on the Indian River County transportation system and to provide information which will allow a concurrency determination to be made on each impacted segment. The traffic impact study will identify development traffic volumes on each impacted segment, identify those segments on which the adopted level of service cannot be maintained, include segment and intersection analysis and identify potential solutions for those segments and intersections on which the adopted level of service is not being met. (2) Intent. (a) The intent of this section is to define the requirements, procedures and methodology for the submission of a traffic impact study in Indian River County and to provide an equitable, consistent and systematic means of determining the future impact of proposed developments while maintaining the adopted service levels on all roadways. (b) Nothing contained in this section shall waive any requirement contained elsewhere in the Indian River County Code. (3) Definitions. (a) The definitions used in this section are included in Chapter 901. (4) Applicability. (a) The requirements, procedures and methodology for a traffic impact study contained in this section shall apply to all conceptual, initial and final development orders and concurrency determination applications in unincorporated Indian River County. (b) Any municipal jurisdiction within Indian River County opting to have development projects located within its municipal boundaries reviewed under the Indian River County Concurrency Management System for Transportation shall be required to follow the requirements, procedures, and methodology for the submission of a traffic impact study contained in this section. Bold Underline: Additions to Ordinance Strike thrakig4i- Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 952.07 - Traffic Impact Study.docx 1 133 ORDINANCE 2018- (5) Types of traffic impact studies. (a) Small project (09399 daily trips). For projects generating less than onefour hundred (4-98400) average daily trips, trips will be assigned by the director of public works or his designee. It will be the responsibility of the applicant or his engineer to determine and demonstrate to the director of public works that the small project will generate less than onefour hundred (4-A8400) average daily trips. A signed and sealed letter from the applicant's engineer documenting the appropriate trip generation rate(s) will suffice. Individual single-family residential development is excluded from this requirement. (b) Large project (4.98400 daily trips or greater) 1. A traffic impact study shall be required for every project generating onefour hundred (4-AA400) or greater average daily trips. (c) For developments of regional impact or Florida Quality Development projects, the analysis required by Indian River County for the purposes of determining concurrency and level of service compliance may be, at the director of public work's option, the same as the transportation methodology agreed on for preparing the application of development approval required by F.S. § 380.06(10). Otherwise, the required transportation analysis will be the same as that identified for a traffic impact study. (6) General requirements. Subm ssi^n of a *r uff:: i t st'�:'� is . o � ed F ,a ♦ t' F appheatio . .�. ::t,u study v:�u rvu vi u Z.�c. �j.�.v. p ete«.ess data stiffi.:ev.ey i the n and :ae.,.tif t' .. �,...N.v..va.v.,.., ua.0 .�...i�.vavaav� in uiv a.viiv uric. e of needed tr-affie operations impr-ovements. (ba) Where a traffic study is required for a large project, and $prior to conducting thea traffic study, theme applicant's an engineer is required to attend a traffic study methodology pre -application conference to discuss the traffic impact study requirements, and to discuss the traffic impact study rope.- o tlire format as it pertains to thehis specific development project, . Upon approval by the director of public works or his designee, a traffic study methodology pre -application conference may be conducted by telephone. The methodology pre -application meeting, conducted either in person or via telephone, shall be held within five (5) business days of a request for a methodology pre -application meeting made in writing or via email. Upon approval of the traffic study methodology, the County shall provide a signed and dated approved methodology to the applicants Traffic Engineer for use to submit the project into the TRC process. (eb) Each traffic impact study must meet the following submission requirements in order to receive a determination of traffic impact study submission aie*tion completeness. Bold Underline: Additions to Ordinance Skike through- Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 952.07 - Traffic Impact Study.docx 2 134 ORDINANCE 2018 - Three (3) copies of the completed traffic impact study shall be submitted to the Indian River County Pttb ie `x elks Community Development Department ftftd one (,eep� tet, submitted it �v to the :+ ao of „t .4 *as part of the seeera TncrrRG. submicrai-post-TRC resubmittal to the Community Development Department. Failure to submit a traffic impact study will result in the resubmittal being placed on hold until a traffic impact study is submitted. 2. The format of the traffic impact study shall follow the otitline report format identified in subsection 952.07(7), Format of Traffic Impact Study. 3. The traffic impact study shall include a concurrency determination network form annotated with each impacted segment's average annual daily project traffic and peak hour, peak direction, peak season project traffic volumes. 4. The traffic impact study shall include a concurrency determination network map illustrating each impacted segment's average annual daily project traffic and peak hour, peak direction and peak season project traffic volumes and associated levels of service. The traffic impact study shall be prepared under the responsible supervision and direction of, and be signed and sealed by a Florida -registered professional engineer whose area of practice is transportation engineering. 6. The traffic impact study shall be reviewed in the same time frame allotted to the project development plan review process, County Traffic Engineering comments shall be provided to the engineer of record as part of the staff comment response letter provided by the Community Development Department to the applicant. .............1 -111111 MENgees;*sse�ss�s!eer!�er�sr�s�s:�r�!�ss�srs�!���i�7�ee!�s!�:�er.�s (e� The following pFeeeduFe shall be followed if the dir-eetor- of publiewor-ks detelzmifle (€c) The appeals process for a traffic impact study shall be governed by the procedure set forth in section 910. 11, Appeals Process and Vested Rights Determination. (gd) Site access €efa-proposed in a traffic impact study shall be consistent with the requirements identified in section 952.12, Access Control. The applicant or his engineer is required to provide a site access plan at3 days prior to the traffic study Bold Underline: Additions to Ordinance Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 952.07 - Traffic Impact Study.docx 135 ORDINANCE 2018 - methodology pre -application conference conducted in person or via telephone. The site access plan is subject to review and approval by the director of public works or his designee. This review will be made according to currently accepted traffic engineering principles. (1}e) Once a determination of traffic study submission appcompleteness wid data s„rr;^:oii^„ is made-, by the public works director or his designee, and the traffic impact study has been reviewed and accepted by the director of public works, the approved study shall be valid for as long as the concurrency review process is active for the specific development project being reviewed or one (1) year, whichever is longer. (7) Format of traffic impact study. (a) In order to simplify staff review, each large project traffic impact study shall follow the outline format defined below. Further definition and clarification of the items listed on the ewe -format may be found in subsequent code sections. Figures and maps are to be used to the maximum extent possible. Traffic Impact Study Executive Summary; Title page; Letter of transmittal; 4. Table of contents: a. List of figures; b. List of tables; 5. Introduction (includes description and location of project, current and proposed zoning both address and map format, size of the project and any other pertinent information such as phasing and project build -out); 6. Summary of pre -application conference and traffic impact study methodology; 7. Inventory of existing conditions (includes listing of all segments within the study area, source of traffic count data, and identification of roadway characteristics); Trip generation methodology (including daily and peak hour volumes); Percent new trips; 10. Internal capture (used for mixed use projects only); 11. Traffic distribution and assignment methodology; 12. Area of influence shall consist of those roadway segments assigned eight (8) or more project peak season/peak hour/peak direction trips for a two-lane roadway or fifteen (15) or more project peak season/peak hour/peak direction trips for a four -lane (or wider) roadway (known as "significant" links or segments) that lie within an eight (8) mile radius of the project; Bold Underline: Additions to Ordinance c.^ h Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018-_ 952.07 - Traffic Impact Study.docx 4 136 ORDINANCE 2018- 13. Impacted segments traffic volumes; 14. Internal site circulation and access needs; 15. Intersection analysis (required at collector and arterial intersections on significant links, where links are operating at eighty (80) percent or greater of Level -of -Service "D" and an approach link assigned eight (8) or more project peak season/peak hour/peak direction trips for a two-lane roadway or fifteen (15) or more project peak season/peak hour/peak direction trips for a four -lane (or wider) roadway); 16. Segment analysis (optional traffic study of impacted segments which will operate below FDOT adopted capacity) 17. Roadway needs (identification of proposed improvements and cost); 18. Appendix (as applicable to the specific traffic impact study): a. Methodology agreements; b. Traffic count worksheets; C. Trip generation, internal and adjacent street capture worksheets; d. Trip distribution and assignment worksheets; e. Computerized travel time study printouts; f. Intersection capacity analysis using the latest highway capacity analysis "Highway Capacity Manual" and worksheets accepted by the public works director or his designee; g. Link analysis/computerized modeling (if performed); h. Other analysis worksheets. (8) Traffic Study Methodology Pre -application conference. (a) The purpose of the mandatory traffic study methodology pre -application conference is to provide guidance and direction to the applicant or his engineer concerning the eenduet of tra€€ie impaet statements and anray si-s approved methodology for conducting the traffic study. The applicant's traffic engineer shall provide a preliminary traffic study methodology 3 -days prior to the pre -application conference conducted in person or by telephone. Upon approval of the traffic study methodology by the Public Works Director, the County shall provide a signed and dated approved methodology to the applicant's traffic engineer for use to submit the project into the TRC process. (b) At a minimum, the following topics shall be discussed and appy -e .^l f em approved by the director of public works or his designee, obtained at the traffic study methodology pre -application conference: 1. The apliea ,e it p ide ^ ^Site access and internal circulation plan; 2. Review of th format of athe traffic impact study; Bold Underline: Additions to Ordinance Deleted Text from Existing Ordinance P:\Community Development\CurDev\Ordinances\20180rdinances\2018- 952.07 - Traffic Impact Study.docx 5 137 ORDINANCE 2018 - The eConcurrency determination network form�wil be pr-ovided to the applie his oo..; 4. Procedure to track the project's traffic will be defined; Availability and use of county data as identified in subsection 952.07(11) county data; 6. Procedures for traffic counts, the location of current traffic count stations, and the identification of possible additional locations; 7. Source of trip generation for project traffic; 8. Selection of origin destination survey sites for determination of percent new trips factor; 9. Traffic distribution and assignment technique and approach; 10. Justification of internal capture factor if different than those presented in subsection 952.07(17)(b); 11. Methodology and approach for intersection analysis; 12. Methodology and approach for segment analysis. (c) Failure by the applicant or his engineer to discuss and obtain resolution to the above topics may result in disapproval of the traffic impact study or request for additional information. 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. 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. Bold Underline: Additions to Ordinance Strike t}netghi Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 952.07 - Traffic Impact Study.docx 6 138 ORDINANCE 2018 - This ordinance was advertised in the Press -Journal on the th day of , 2018, for a public hearing to be held on the _rd day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of 52018. Ilord Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 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, AICP; Community Development Director Bold Underline: Additions to Ordinance R:r-Q-gi,,; Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 952.07 - Traffic Impact Study.docx 7 139 ORDINANCE 2018 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENT TO CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SECTION 971.11 SAME -UNENCLOSED; BY AMENDING SECTION 971.12 COMMERCIAL SERVICES, BY AMENDING SECTION 971.13 COMMERCIAL USES, BY AMENDING SECTION 971.28 INSTITUTIONAL USES, BY AMENDING SECTION 971.41 RESIDENTIAL USES, BY AMENDING SECTION 971.42 SALES; GENERAL MERCHANDISE, BY AMENDING SECTION 971.45 VEHICULAR SALES, SERVICE AND STORAGE; 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 971, REGULATIONS FOR SPECIFIC LAND USES, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 971.11(2), "Miniature golf courses"; as follows: (2) Miniature golf courses (administrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan and if courtesy sign posting is provided on site prior to staff approval; and special exception). (a) District requiring administrative permit approval, (pursuant to the provisions of 971.04): CH. (b) District requiring special exception approval, (pursuant to the provisions of 971.05): CG. (c) Additional information requirements: Plans and documentation shall be provided by the developer as needed to demonstrate compliance with the following requirements. (d) Criteria for miniature golf courses: 1. Bufferyard. A bufferyard having a minimum depth of seventy-five (75) feet when adjacent to a single-family zoning district, fifty (50) feet when adjacent to a multifamily district, shall be established and maintained as permanent open space where the project site parcel abuts a residential zoning district. Within the bufferyard, Type "A" screening shall be provided. 2. Exterior lighting. Lighting plans shall be provided (and implemented) which demonstrate that no "spill over" from exterior light sources shall fall onto either roadways or residential zoning districts that are adjacent to the project site. 3. Hours of operation. Where a project site is within two hundred (200) feet of a residential zoning district, the establishment shall not be operated from 11:00 p.m. to 7:00 a.m. Bold Underline: Additions to Ordinance StFike t foughi. Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 971.docx 140 ORDINANCE 2018- 4. Height limitations. Height limitations shall apply to all structures within the project site. 5. Signs and images. All formed and fashioned images located outdoors, such as representations of animals, windmills, recreated scenes, and others which are visible from an adjacent roadway or residential zoning district shall be treated as signs and shall be restricted by the zoning code sign regulations. Any formed or fashioned images used outdoors which the developer demonstrates are not visible from an adjacent roadway or residential zoning district shall be exempted from sign regulations. 6. Noise. Where a project site is within three hundred (300) feet of a residential zoning district, additional conditions may be added by the county to address special noise impacts. Such conditions may include, but are not limited to, setbacks, noise reducing buffers, restrictions on outdoor speakers and hours of operation. SECTION #2: Amend LDR Section 971.12(1), "Building material sales and lumberyards" and LDR Section 971.12(2), "Outdoor storage (unenclosed)"; as follows: (1) Building material sales and lumberyards (administrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan and if courtesy sign posting is provided on site prior to staff approval). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CG. (b) Additional information requirements: 1. A written statement defining the general inventory of materials to be sold on the premises; 2. Statements disclosing the projected percentage of total sales to be derived from wholesale activities; 3. A site plan showing the location of all principal structures and all on-site storage areas. (c) Criteria for construction material sales: 1. All materials to be sold on the premises must be completely screened from adjacent properties and roadways; 2. On-site vehicular storage shall be limited to those vehicles used in the operation of establishment; 3. Such establishments shall not include the manufacture of structural wood components, roof trusses, wall units and other activities requiring the assembly of wood products; 4. All wholesale activities shall be accessory to retail sales conducted on the site. Bold Underline: Additions to Ordinance 2 c«...hi; Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 971.docx 141 ORDINANCE 2018- (2) Outdoor storage (unenclosed) (administrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan and if courtesy sign posting is provided on site prior to staff approval. (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CH. (b) Additional information requirements: A site plan showing the location, dimensions, and area of all enclosed storage areas and proposed unenclosed outdoor storage areas (which shall consist of the entire area for storage and spacing between merchandise items). (c) Criteria for outdoor storage (unenclosed): 1. Outdoor storage shall be accessory in terms of use to the principal use, and in no case shall the outdoor storage area exceed seventy-five (75) percent of the total square footage of the principal structure; 2. Items allowed to be stored outdoors shall be limited to vehicles and equipment used in the operation of the establishment, stocking and sales display of items allowed to be sold (retail) in the CH district; 3. For purposes of calculating parking requirements for outdoor storage of sales display items, the standards used for the principal use shall apply; 4. All building setback requirements shall apply to the outdoor storage area(s); 5. All outdoor storage areas containing stock and sales display items shall be completely screened (horizontal and vertical) from adjacent properties and roadways; 6. The surface material(s) criteria for the outdoor storage area must be approved by the public works department. SECTION 43: Amend LDR Section 971.13(2), "Veterinary clinic or animal hospital"; as follows: (2) Veterinary clinic or animal hospital (administrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan and if courtesy sign posting is provided on site prior to staff approval). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-3, CL, CG, CH. (b) Additional information requirements: 1. A statement from the applicant indicating the types of animals to be cared for and the nature of all on-site facilities shall be submitted; 2. A site plan, pursuant to the requirements of Chapter 914. (c) Criteria for veterinary clinic or animal hospital: 1. All facilities shall be located in an enclosed structure; Bold Underline: Additions to Ordinance Stnke th-ougli, Deleted Text from Existing Ordinance E:\Community Development\CurDev\Ordinances\20180rdinances\2018- 97l.docx 142 ORDINANCE 2018- 2. Commercial boarding of animals may be allowed only as an accessory use and only within a totally enclosed structure; 3. All buildings shall be soundproofed in such a manner that adequately mitigates and/or attenuates noise impacts on adjacent properties. SECTION #4: Amend LDR Section 971.28(1), "Child care and adult care facilities" and LDR Section 971.28(4), "Homes for the aged, including nursing homes, rest homes, convalescent homes, intermediate care facilities, and continuing care facilities"; as follows: (1) Child care and adult care facilities (administrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan and if courtesy sign posting is provided on site prior to staff approval; and special exception). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3 RFD RM -8 RM -10 RMH-6 RMH-8 ROSE -4 PRO OCR CN. (b) Districts requiring special exception approval, (pursuant to the provisions of 971.05): RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 AIR -1. (c) Additional information requirements: 1. A site plan which shows all adjacent paved public roads as well as the nearest major thoroughfare, all off-street parking facilities, and the location and size of all proposed buildings, structures and signs on the site and adjacent properties, pursuant to the requirements of Chapter 914; 2. Evidence shall be provided that minimum requirements to qualify for a State of Florida license have been satisfied; 3. Child care facilities shall describe the type of playground equipment and playground area, if any, which is to be utilized. (d) Criteria for child care or adult care facilities: 1. The site shall be located on a paved road with sufficient width to accommodate pedestrian and vehicular traffic generated by the use. The facility shall be located near thoroughfares, as designated in the county's major thoroughfare plan, so as to discourage traffic along residential streets in the immediate area; 2. Special passenger loading and unloading facilities shall be provided on the same site for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any back-up movements by vehicles to enter or exit the premises; 3. All regulations of the State of Florida that pertain to the use as presently exists or may hereafter be amended shall be satisfied; 4. Child care facilities shall provide recreation area(s) and facilities that meet or exceed applicable state standards. The applicant shall supply to the planning division, prior to site plan approval, written acknowledgement from the state that the proposed recreation area(s) and facilities meet or exceed applicable state Bold Underline: Additions to Ordinance 4 StFike OwBughi Deleted Text from Existing Ordinance F:\Conummity Development\CurDev\Ordinances\20180rdinances\2018- 97 Edocx 143 ORDINANCE 2018 - standards. The applicant shall provide either a six-foot opaque buffer or one hundred fifty -foot setback between all outdoor recreation areas and adjacent residentially designated properties. 5. A Type "C" buffer will be required, acceptable to the planning department. (4) Homes for the aged, including nursing homes, rest homes, convalescent homes, intermediate care facilities, and continuing care facilities (administrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan and if courtesy sign posting is provided on site prior to staff approval; and special exception). (a) District requiring administrative permit (pursuant to provisions of 971.04): MED (b) Districts requiring special exception approval, (pursuant to the provisions of 971.05): CL CG. (c) Additional information requirements: 1. A site plan, pursuant to the requirements of Chapter 914. 2. A license issued by the State of Florida, pursuant to Chapter 400 of the Florida Statutes. (d) Criteria for nursing homes, rest homes, convalescent homes and homes for the aged. 1. All such facilities shall be located near a collector or arterial roadway; 2. Type "D" buffering shall be required along the perimeter boundaries of the site. Along boundaries where more intense buffering is required, the more intense buffering requirement shall apply. 3. Adult congregate living facilities, nursing homes, homes for the aged, total care facilities, group homes, and similar developments shall not be located in the Coastal High Hazard Area. SECTION 95! Amend LDR Section 971.41(10), "Accessory single-family dwelling unit"; as follows: (10) Accessory single-family dwelling unit: (a) The construction of an accessory dwelling unit on a residentially zoned lot shall be allowed subject to the provisions of section 971.41(10). The standards and requirements of this section are intended to make available inexpensive dwelling units to meet the needs of older households, single member households, and single parent households. This is in recognition of the fact that housing costs continue to increase, that households continue to decline in size, and that the number of elderly Americans is on the rise. (b) Districts requiring administrative permit approval (no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan and if courtesy sign posting is provided on site prior to staff approval), (pursuant to the provisions of 971.04): Bold Underline: Additions to Ordinance c.h. Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 971_docx 144 ORDINANCE 2018- A-3 A-2 A-1 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -10 Con -2 Con -3 Rose -4 RMH-6 RMH-8 (c) Requirements of section 971.41(10) shall not supersede property owner deed restrictions. (d) Additional information required: A site plan conforming to Chapter 914 requirements. (e) Criteria for accessory dwelling units: 1. Accessory dwelling units shall be located only on lots which satisfy the minimum lot size requirement of the applicable zoning district. 2. The accessory dwelling unit shall be clearly incidental to the principal dwelling and shall be developed only in conjunction with or after development of the principal dwelling unit. 3. Not more than one (1) accessory dwelling unit shall be established in conjunction with a principal dwelling unit. 4. No accessory dwelling unit shall be established in conjunction with a multifamily dwelling unit. 5. The heated/cooled gross floor area of the accessory dwelling unit shall not exceed thirty-three (33) percent of the heated/cooled gross floor area of the principal structure or seven hundred fifty (750) gross square feet, whichever is less. The accessory dwelling unit shall be no smaller than three hundred (300) gross square feet of heated/cooled area. 6. No accessory dwelling unit shall have a doorway entrance visible from the same street as the principal dwelling unit. 7. Detached accessory dwelling units shall be located no farther than seventy-five (75) feet in distance from the principal dwelling unit from the closest point of the principal dwelling unit to the closest point of the accessory dwelling unit. 8. Excluding converted garage accessory dwelling units, the accessory dwelling unit shall be designed so that the exterior facade material is similar in appearance to the facade of the existing principal structure. 9. One (1) off-street parking space shall be provided for the accessory dwelling unit in addition to spaces required for the principal dwelling unit. 10. The accessory dwelling unit shall be serviced by centralized water and wastewater, or meet the health department's well and septic tank and drainfield requirements. Modification, expansion or installation of well and/or septic tank facilities to serve the accessory dwelling unit shall be designed in a manner that does not render any adjacent vacant properties "unbuildable" for development when well and/or septic tank facilities would be required to service development on those adjacent properties. 11. No accessory dwelling unit shall be sold separately from the principal dwelling unit. The accessory dwelling unit and the principal dwelling unit shall be located Bold Underline: Additions to Ordinance 6 St^' "--augh, Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 971.docx 145 ORDINANCE 2018 - on a single lot or parcel or on a combination of lots or parcels unified under a recorded unity of title document. 12. An accessory dwelling unit shall be treated as a multi -family unit for impact fees and for traffic concurrency purposes, and the concurrency requirements of Chapter 910 for a multi -family unit shall be satisfied. SECTION 46_ Amend LDR Section 971.42(3), "Drug stores"; as follows: (3) Drug stores (administrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan and if courtesy sign posting is provided on site prior to staff approval). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CN OCR. (b) Criteria for drugstores: 1. The facility must not exceed three thousand (3,000) square feet in gross floor area. SECTION #7: Amend LDR Section 971.45(5), "Used vehicle sales"; as follows: (5) Used vehicle sales (administrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan and if courtesy sign posting is provided on site prior to staff approval; and special exception). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CH. (b) Districts requiring special exception approval, (pursuant to the provisions of 971.05): CG. (c) Additional information requirements: A site plan meeting all of the requirements of Chapter 914 which shows the approximate location and maximum number of automobiles to be accommodated on the site. (d) Criteria for used vehicle sales: 1. No such establishment shall be permitted on a lot of record having less than ten thousand (10,000) square feet in a CG district or fifteen thousand (15,000) square feet in a CH district; 2. All outdoor vehicular display areas and off-street parking areas shall have paved surfaces which meet the standards of Chapter 954. For the purpose of this chapter, vehicular display areas shall be paved areas where vehicles for sale are on display. Bold Underline: Additions to Ordinance 7 Strike Neagh, Deleted Text from Existing Ordinance 146 F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 971.docx ORDINANCE 2018 - Off -street parking areas shall be paved areas maintained for customer and employee parking; 3. No vehicular sales office (building) shall be located closer than twenty-five (25) feet to any property line except any property line that is abutting railroad right-of- way in which case the structure shall not be located closer than ten (10) feet. Also, no vehicular display areas shall be located closer than ten (10) feet to any property line; 4. The site shall provide for separation of vehicular display areas and off-street parking areas; 5. All designated outdoor vehicular display areas shall provide for a minimum of three hundred (300) square feet per vehicle. Drives and maneuvering areas shall be designed to permit convenient on-site maneuvering of the vehicles. SECTION #8: 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 #9: 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 #10: 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 #11: 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 , 2018, for a public hearing to be held on the day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Bold Underline: Additions to Ordinance c«.�r Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 971.docx 147 ORDINANCE 2018 - Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2018. M Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller mm 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, AICP; Community Development Director Bold Underline: Additions to Ordinance 9 SWie dwougl- Deleted Text from Existing Ordinance 148 F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 971.docx Land Development Reg � (LDR) Amendme Recommended by th" Development Review Peri Board of County Commissioners March 13, 2018 SUMMARY ,,Improve and streamline site plan and subdivision review and approval process -Change traffic study submittal threshold for applicants *Authorize staff to approve certain projects currently requiring PZC approval -Recommended by DRPPAC, supported by staff, authorized for formal adoption process by BCC on January 16, 2018 lo. A./_ 142 -- 1 HIGHLIGHTS 1. Chapters 910 & 952: Change traffic study submittal threshold from 100 average daily trips to 400 average daily trips. • Relieves smaller projects (40 sf homes; 6,250 sq. ft. retail store) from producing a traffic study. • Smaller project traffic evaluated by County Traffic Engineering to determine impacts and any necessary improvements • Traffic standards remain unchanged * Effective date upon filing with the state 2. Chapters 913 & 914: (Subdivision and site plan projects) • Expands staff initial review time (7 days) • Requires staff to meet and coordinate comments internal and provide draft TRC comments prior to TRC • Clarifies standards for staff comments and applicant responses • Authorizes staff level approval of residential projects proposing less than 25 lots or units (vs. PZC: saves 14 — 28 days) * Effective date May 1, 2018 t49- 2 3. Authorize staff to approve 9 administrative permit uses that currently require PZC approval (saves 14 — 28 days) • Uses are routinely approved by PZC without controversy or concerns (includes building material sales, outdoor storage, childcare, accessory single family dwelling) • Development criteria and standards not changed • Posted sign notice requirement remains for these uses • On February 8, 2018 PZC reviewed and voted to recommend approval • DRPPAC and staff support /49-3 RECOMMENDATION That the Board of County Commissioners adopt the five ordinances presented to amend Chapters 910, 9131 914, 952, and 971 14F 4 Treasure Coast Newspapers I TCPALm Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Cooyline PO A 463755 - INDIAN RIVER COUNTY PLANNING/CDD 1925021 NOTICE OF PUBLIC HEARING NOTICE IS H Pub Dates February 25, 2018 Sworn to and subscribed before me this day of, February 26, 2018, by �L"�-""�44�& �who is Natalie Zoll r (X) personally known to me or ( ) who has produced — � W14 1 �� (V)y4''n Karol Kangas Notary Public KAROLEKANGAS Notary Public - State of Roma j.. . Commission k GG 126041 My Comm, Expires Jul 29,2021 Bonded lh'-* NahMnal Nowy Am, as identification. /0' A. I. iF 1 SUNDAY, FEBRUARY 25, 2018 1 TREASURE COAST NEWSPAPERS -, Notice Public Notices Public Notices Public Notices Request for Bids Requestfor Bids NOTICE OF VIDING FOR AMENDMENTS Notice Under netltkes Name PURLJC NOTICE OF participate In the bid process. port trucl{on projects FORFEITURECOMPLAINTTO CHAPTER 951, TRAFFIC: BY AMENDING SECTION 953.07 Law Pursuant In section NS.D9, Fbritla gtatutes UPCOMING ACCREDRATION RENEW WIT BY THE ACEN Jeff Carver, Director of Pur- pursued by fix) District and s [herwise may be required On or about January li, 2018, TRAFFIC IMPACT STUDY. AND NOTICE ISg GIVEN Announcement - Keiser Oni- .alio by the DisMct Professional ban THOMPSON'S u0=of t. 7296] od Avhydr tlewhforllnigal survey conducted in Mar Un County, flanrlaetbet5heriff seized and Of CONFLICTING PROFORVISIONS: CODIFICATION; SEVERABILI- gHEREBY under the Xctltiousthe hortoa asi[eo re 77156 �5050FL 1; fg thfic aperperiservicod perod of two (1jye till holds A M62 PONTIC• TY AND EFFECTIVE DATE. The Wickwire Group located a edits Hon of Its Associate nh on oyb�n by the Dlshlcl to extend these ser - VIN Na. /Citi%2fI2C230931, ILLINOIS TAG No. AN315S5. A Ortlinance5 AN ORDINANCE OF INDIAN t 1962 SE Fad West. i the County of Marth" CRY of f Science in Nursing Degr Press Date: February 2S. M18 Program by the Accra ta- TCN IDate:1 tion for -A -G - Ices for an additional three (;) y This announce, complaint has been filedin the Circuit Court in and RIVER COUNTY. FLORIDA, Stuart, norlda 31997, {-tends to register the said rime with Commission Edo D OF UNC ation In Nursln9 (ACEN). co meIsto sobgt submittals by qualified hydrographic for Martin County, Florida CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT the Division of Corporations t the Florida Department of You are Invited to meet the qT. LIICIE COUNTY, FLORIDA site visit evaluation team s y consonants who are GI...R Theobakl,Esq. REGULATIONS (LDRSX PRO- State Tallahassee. Florida. and share your comments CALL FORBIDS glstered With the State If Florida. firms respoiMiig to Had,'.Qforhydrogaphiczuf- Legal Advisor MartinCountySheriff'sOffice VIDING FOR AMENDMENT TO CHAPTER 971, REGULA- Dated at Stuart norida. this 10th day } febmary. 1018. about the program 1. Der- at a meeting scheduled: Sealed bids will be received at this veys shall yy vide led (77D 130-7001 TIONS FOR SPECIFIC LAND USES: BV AMENDING SECTION goberl 8, Wickwire, PLLC Wednesday, March 7, 1613 the Purchasing Department, /coin {n Package Irrcl,Uding:1) aletter Pub: February 11 and March 1.2018 971.11 SAME -UNENCLOSED: and Judith Cooper Kelly slckwlre,PLLC 4:J0 PM to 5:30 PM 2300 Virginia Avenue. Fnr[ Auditorium room 141 of lots. pierce FL 3498', 3:N f interest vert. a detailed dis- loo of the firm's relevance TCN 1928599 BY., AMENDING SECTION 971 2 COMMERCIAL SER- pub: FMa y 25, 2018 until a Unlvi pityy Port St. Lucie IOM, local time on WMnes• 1 9406 Olacovery Way: to the Dlztrict's Rankilg Crite- Public Notices VICES, BY AMENDING SEC- TION 971.13 COMMERCIAL TCN 19130fi0 Imal- Under nctltkus Name day Wrch 19. Mlk for the Pert St. Lucia, FL 3001. Inllowing: All written comments should ri :3)c�pies est the certificate of regish atiom with the State Ts ycars.marea USES. ByAMENDING SEC- law, ►Pnusnl to Section be received by the ACEN by 81D No. 18-031 t no do Department of Pro - fersiond pegulations Board of NOTICE OF PUBLIC NEARING TIDN 9]1.28 INSTITUTIONAL NS.N. Florida Statutes March 1, 2018. Written com- WATER AND SEWER Land Surveyor and: 3) cop - NOTICE IS HEREBY GIVEN that USES, BY AMENDING SECTION 971.41 RESIDENTIAL USES, BY NOTICE IS HEREBY GIVEN that the undersigned, desiring to meritsare also welcome and MONITORING SERVICES hould be ubmitted direct- i of m.to-0ate forms GSA 255 254. Three (3) the Bnare of County Commis- AMENDING SECTION 971412 gage In business der IIyy to: Dr. Marsal Stoll. Chief gid documents y be and com- plate sets f the qualify{ -g f Indian Rrver Cnun- ty, Florida shall hold a pub. SALES; GENERAL MERCHAN- DISE. BY AMENDING SECTION the tic[illous name of Artfd- ly Manag9eed located t 1875 Exe five Officer Accredi[a- obtained la download from bon Commission for Education ww 0=OdStar.com o data must be submitted with the letter of interest Cost tic hear{ng at which parties In Interest and tint Is shall 971.45 VEHICULAR SALES, SERVICE AND STORAGE: AND Bridgeport, Circle, #34. In the County of Indian River, Nursing, 1143 Peachtree by c nta<tinyy the Office of Road NE. Suite 850, Atlanta, and her valuation cnte- have an pportuni[yy to be heard, in is. BY PROVIDING FOR REPEAL City f Ver^ Beach, Finn- the Purchasln8 Department GA 30316 Or a -m II: mail- t 2300 Nr I i Avenue, Tort ria will can/arm to minimum ace ptable standards for the the Coun(v C m. n Chambers of the C unty OF CONFLICTING PROVISIONS: CODIFICATION: SEVERABILI- da 33Wi7, Intends [p register the said name with Ne Divi- tn:ms[nlVoiacenursiog.orr pierce, Fla ndaa 34982, (771) Pub: January2g, Febru rryy 4. "2 1700. pprofessional field of endeav- r a w II as the District's Administration Building beat- d at 1801 1]lh Street, Vero Beach, Florida. Tuesdayy, 9: 7Y; AND EFFECTIVE DATE. A vote will be taken on each nn f Corporations of the Florida Department of State Tallahassee. Florida. Dated 11, 18, 2S and March 4. 2018. TCN 190)003 Bids may be mailed or hand delivered t^ the St Lucie Crun- cedfic Rank! Criteria and Some Sheet res this SOQ. prior, ex March 13, 2018 at 00 a.m. to ler adoption of five Dro proposed ordinance. Orli- Bance 1, if adopted, estab- t Vero Beach, Florida. this 31st dayy t January. 2010. 'I O wheets/Reaeation t Purchasin De t t Y 9 par men , professlonai In the field of h penance yedroyraphic =k posed ordinances; cls itktl: w{II lish a provision for Increasing the threshold fur traffic study L;2 Mayn, LLC Pub: feMta y 25, 2018 Buy &Sell fast! 2)00 Virginia Avenue, 2nd Floor Room 110, Fort Pierce. arraying Is gmrement for cmislderatlon. All items Ordinance submittal by a subdivision or TCN 193]099 FL 3081. All Bids t be d In the t be received in the office /the Sebastian Inlet District AN ORDINANCE O� INDIAN site plan decal^ppmerit appli- Notke thadern tlid as Nance 1CT�lGeITe C-Ia ce and clocked at Purchasing Department. Any Commission. Acro.: David Per- RIVER COUNTY, FLORIDA. ant. If ado'�letl, Ordinance LawPursuant to Section NS.O9,Florida Statutesstatedterton,l ✓`'`'�YI^''�'''-' Nds fecelwd other the above be coed to haver Sr. Can tracts Manag9er, 11151x03 Avenue, TO ITS LAND DEVELOPMENT REGULATIONS (LDII PRO-rmus tl.-MOrd{nernce3. for site ng plan aOP.temsorclaled NOTICE IS HEREBY GIVEN ,ned. the bidder unopened. Request for Bids eforea 4oa FL 12903 on or be/ore 4:30 VIDING FOA AMENDMENTS TO CHAPTER 910. CONCUR• thpa the development revi=ve y es that the undersigned, doll, ing to gg 99 i bull^ers PUBLIC NOTICE The Board of Countyy Com- P.M., Friday. March W. 2018. RENCY MANAGEMENT SVS- O,dinance 4, If adopted will der the t�titlous name of VITALITY LIFELINE new at School Districtdlndian ssipnes nee s [he right to Naive any Informalit{es or APPLICATION: Interested sur. eyprs. swveyy!'1rg firms and/ TEM: eV AMENDING SECTION 910.11(1)(8) DETERMINATION estaNish provisions for varl- aux crottle study Items. Orli- 10805 North Wt[ington Ave- River County SDIRC wl18-0-1618/M minor Irreyularitles: rele<t groups wishinrgy to provide the OF CONCURRENCY. SPECIF- BY PROVIDING ce S, It adopted. Will est.b- Due. 1" tbe Countyy of Indian River. City t Veru B ach, Flor- Rinyle Pant of Fntry al ^d all bids/proposals Indian River Academy which are Incomplete, colli- needed aces most And fully DIV with IOALLY: AND FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION: lis. provisions far sta(fievel approval aUlhon[V rather than PZC apo coral for uses com- Ida 32961 Intends to register the Bald name with the Div{- clonal, obscure, or which con- SOIRC is accerungsealed bids fain additions cwt allowed for' the requirements listed above. ianot All statements of qualifica- SEVERABILITV; AND EFFEC- My pOroved by the PZ o of Corporations of the Florida Department of State }rum licensed d ins d c ppt ��nr If any propos, Ince hdc or part th tions and pertormance data will be evaluated pursuant to TIVE DATE. under exlsting regulations. Tallahassee. Florida. Dated cant actor, to create ausin: Rte point } etry into [he without cause: and a<cect the PSlicable Florida statutes. Thy AN ORD(N ACE -OF INDIAN Drafts of "wl.1d. et rDivision 20tVern is day of Fabruarya l0hg. Ad River aliveAcademly sElemn nl- the County. hick best ryes tar, beQds sell onnlhe oil- trio's website (www.sitd.us) RIVER COUNTY, FLORIDA, the planning office Betsy Horn Enterprises Pub' School as speclfled aM drawings by and bt PM^I ne,(dtdps�n. CONCERNING AMENDMENTS TO RS LAND DEVELOPMENT REGULATIONS ((&DRS); PRO- located in the Community Development Department on the first floor of the Countyy TeCbNrulayjyp3p592018 ] tlBoN per trolled olthelR{ntormat toovlisit Song 9 Associates Arclu[ec[s' the St. Loci County Purchas- Estimated start to is May, as Talts as M re Ible service ervice sby WDINo FORAMENDMENTS TO Administration Complex Build- Notlu Under- Name Law Panuant to Sect 1.P 2018 and estimated comp,.- Che Web, Site at hitP://www, y dors wdl he selected the District in AprI13018. CHAPTER 931, SUBONLSIONS BY AMfN01NC. Ing "A". An,une Wim. may wish 665.09, Flwlda StaNtes th, date is August 7018. The ,st-luclanuz Ilts ANU MATS; SECTIONS AND SECTIONS to appeal any declslon, which y be made at this meeting, mill NOTICE IS HEREBY GIVEN that the eesiring to stimated cost of protect St, lucle County is an Equal Is 5120.000. All projects are DATA: Three vies of [he 913.07(4)(A) AND 911.07(4)(F) need to ensure that a ver undersigned, gg ge {n business Under the O porton ty/Affirmative bled to funding and cannot Actwn Employer. Statement f p alif., ns t be received o r before SPECIFICALLY: AND By PRO- batim record of the proceed- Iictibnus I Eleven 22 al5591SWCoral be guaranteed. Bonding is not 4:10 P.M., Friday. March 30, VIDING FOR REPEAL OF CON- FLK:TING PROVISION COOT- rigs is made. which includes testimony and evidence upon Glass located Tree Lane, In the County of required for lhisproject. CAPTION: If is the b;dder's/ b I [ t eNds/proposals 2018 in tfreof(iceafthesebas- ti Inlet 0 st ict Please send FICATION: SEVERABILITY; AND which the aOPeal is based. Martin, In the City of Palm erore uoser's NON -MANDATORY PRE-BID re that MEETING Meet In rs a 11 submittals to: EFFECTIVE DATE. direct pl ing.relat- Pleaed current City. Florida 34990 intends tin egster the s 1d name with the main CI d in the P chas- Office at 10:00 a.m. on March tog Department prinrptirc the 2019 at India, River A -de Kershaw Uavidur AN ORDINANCE OordinanceF INDIAN ��se developmlent ectlon at tlethe flooida Deparn of Nwn[ of rittions1 UhN wt Street, SW Vero pe0ejpn /Countyb/omcesdI In Seb an U3I1903ct 114 RIVER COUNTY, FLORIDA, 1131. State Tallahassee, Finr{da, Bea<h,il 72963. y ces ant other Indiale Hct, FL CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT ANYONE WHO NEEDS A SPE- Dated at Palm City. Florida, this2lst day of February. 2018. this requirement. Sealed bids must be returned publish: February 15.3018 Pub: February I5, NIIB TCN 1933905 REGULATIONS (LDRS); PRO- VIDING FOR AMENDMENTS CIAL ACCOMMODATION TO THIS MEETING MUST CON- Lauri Kneper Pub: Februn 25, MIS to the SDIRC Purchasing TCN 1933144 Department n^ later than 1:00 TO CHAPTER 914, SITE PLAN REVIEW AND APPROVAL Pp0- TACT THE COUNTY'S AMERF CANS WITH DISABRRIES ACT TCN 1912116 P.m March 32. 811tl and !quest or 5latenleal hall be clearly marked: RB QuaXflcatloA For Real Fata86 CEDURES; BY AMENDING SEC- TIONS 914.06 AND 914.06(5) (ADA) COORDINATOR AT 226- 111)((TTDD #P3-770-5215)AT Notice UMer Flc Law Panuani to S""N" 18.0-2018/JC Single Point of Professional Nydragn 1. Entry lR Academy. Survadri.Slaw- SalBs GENERAL THRESHOLDS AND PROCEDURES FOR SITE PLAN LEAMD.VURSIN ADVANCE OF THE MEETING. A&S,09, FIgIda Statutes NOTICE IS HEREBY GIVEN that A copy of the bid document A Professional Services REVIEW AND APPROVAL, SPE- the ugndemigned desiring t- sof uL Notice Is hereby liven that drawings aM sceclfcatad t tdata Open Houses MENDING SECTION AND 8V AGENERAL INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- the flcli[ ou.b name for 'Orpionl 0 DemandSMr website at (SaOQ) and petement fo1'manf{ce SAVANNA CLUB- 12-3 SUNDAY SUBMITTAL RE(oUI EMENTS SPECIFICALLY: AND BY PRO- SIGNER BY Peter D.0 Bryan, Chair. Ia Granola located at 1045 13th Avenue, In the County httoo://www.demandstar.con, r qu!retl bry the Sebastian or by contacting Jeff Carver. Inlet oDistrict C Ission on 7819 White )biz Ln, Glassed - in lanaI "/AC, 2/3/2, VIDING FOR PEPEAL OF CON- s- f Indian River, Cityy f Vero (he prnjer:t described below: granite countertops. upgraded appls. FLICTING PROVISIONS; CODF Pub: February 2S, MIS Reach, Florida 32it, Intends NOTE: ALL PROSPECTIVE BID. FICATION: SEVERABILITY: AND TCN 1925021 to reg!sterthesaid name with [he Division Corporations DERS/RESPONDENTS ARE DESCRIPTION: The Sebastian Inlet Is Homes For $dIC EFFECTIVE DATE of flee TlallahaDsseert HEREBY CAUTIONED NOT TO District requesr CONTACT so Ordinances QpWheeISlReaeatlon 5f Florida} Dated Vera Beul1. Florida. INDIANANY THE R NER C LINTY toilQows top fessional hydros DOCTORSROW Vero Beach3 bed.4 bath, Gontte[e Hume, AN OROINANCE OF INDIAN RIVER COUNTY, FLORIDA. LII & Seil fast! ,r at [his lis[ day of January, 2018. AA SCHOOL BOARD, STAFF OR efaphic s yang se vices fe Wr OFFICIALS OTHER THAN THE equired for built 1005. Enclosed Pool. Furnished, 1/2 Mt, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT Lh y.'LLC Pub: FelJrtury 75, 2018 SPECIFIED CONTACT PERSON. -11 s meerg the a asas of Permits acre end f cul-dqc .. Old Savamah REGULATIONS LDRS : PRO- TCM 19311102 M/WBE's are ertcoura cl to sued W Ne Distdct to su - S628.000. CAN (508)513-7573 6 Place your ad with us, Cati 1-877-2472407 Adult Care/Services Clock Repair Electric Providers Home Maint./Repair Painting Services Roofing LOVING CAREGIVER CLOCKS BY HOLLIS TROY GIOVENGO K. M. DRYWALL DON TIDEY REPAINTS THOMPSON'S rl=/L.Pa-R=as=nam. R,,air,""' ELECTRICAL SRVCS AFull Drywall Service Q rt Gparantage ROOFING DIVISION (1311)66-tltl00 1d 46 VIliage Green -2 Port SL Lucie All lodzolelectrlcal. CNI Com pan; SJ yrs 41x1 FRE Estimates Provides expert service 8. Air ()13)1]5-750] (]]])101-9055 tic #Ect 1C.4a 0 PSL10 605y� MCDn6se6 7724417.41]0 SL MC lm SPOISII 772-485-2205 MC SL IR Warranly'son your repairs. 772.56Mae60 • IS Lan AIR SOURCE 1 AIRS URC Computer services Garage Doors NEED FIXING? EWS REFINISHING Lic#CCCLU78o1/Lic#CGM51 956 r■[[Esbmabs FaL[sarl=e eau AAA ARONS A•TECH Master Carpenler•30 r e R. erown,eabinetz,inOer�Ortrlm Pain[inp/Wan Cpwdn9/Texture/ meek yovrA2 COMPUTER SERVICE GARAGE DOORS imisc. re ales. eget»u6a pres`ure Waah/HSM man Serv, Was, Lp6aoo�6dao TIIe Work Hip, 5pe W6l9.ss 1)3-616J60d 5L MC Delh HP ariaM eeriRled.IDsirs on treawre coast Hnn,e All roar Rara9e door&oP=ncr d,m-neap, 14/>, 772-594-2971 IR 77i`i66-03941 SLCAI■C BEEN TILE/WOOO INSTALLS At Your Service 6rve Cail-LS (773)475-7607 ne 772-828-5421 RESCREENING& QUALLTY PAINTING Pl n.id�oeIt. ae!mp^isna FIX ALL COMPUTER REPAIRS BY KEN INC new-BUMSPMsri-Bvm-RemMels D7-lurk,Ie/x694861 IRM5L SEEKING INVENTORY Now bvgm9aozmmeiewelry. PROBLEMS FOR LESS Call Brian 772.301-8844 Hobbles/Leisure P I= nes. Free e:xm;t<i Pinlfit-4sne' Ts ycars.marea sell. .R n,hAP j c HANDY/SOCIAL DON AAll ERIC'S HOME REPAIR Nn lrb roe ,.,-,all WEDOITA!7 SPERO 1/LE SERVICE i7)1d7-n94 Conerete/M...a Work ry o]z)szea46d ypas of home repairs- CwlD77i-436-M956 pepair 9GG iolist/Crile& Suckling T�le: Dust flee file Carpet/FLoorCovering JERRY RIPPLE dome Malnt./Repair so do, dtyWall, WlndaWs, aoorz, et a Free est. v L Shower Pan A.I. - mens. urrinzfnl)sa46aw IR HINTON'S CARPET m STUCCO .-evn<:�a<,e,l AIONS&REMODEL uc/Ins. #cGC/6094s5 (77z)46e-1126 sL Pressure Washing CLEANING l Ranms,gmo. 1st nrpr q�..`!nv:orl; a Imo# colo piri)ui-e»T "'I bod, REMODELING Rlmn"Ing.c con nalnsnp. 414141SS AFFORDABLE Tree Services nleagrm,t weaning avafMme. ROY CLARK CONCRETE con=Ing.=arpe irv.enina9= uUms n 249• 1 Irrigation PRESSURE CLEANING AFFORDABLE TREE 77z-56z-7z6z IRC AY CA TREPAI Patios Sidewalks & BLUE WATER go,yt�,v„k,t f area Ic pri=es. IR s.rwc. & Lot Cleannq &INSTALLATION Driveways. Lic R)999 Ins. w rdarkconcrete.com B.S.& Moine lmprpvemenwpepa6s/ IRRIGATION S,finklers,Chills, Ur%Ins (773) 5613501 Trimming, Stump Grinding, Removal; L{cA^z Same day sernce Fre 1- Dc#1951 772-5714353 la (772)6334057 IR Maintenance/Remodel LIUIns#MCNSSN7 Pumoo58Tune-ups lorry Tl1i33-7782 IR ROGfing 712-370-4567 IR SL MC COntractomBuilder5 GR cad. MID 2Ni5IS 1. KING'S SERVICES INC, Cleaning Services JOHNSON BRIAN'S RESCREENING LarxStapilg/imvn5ervice Trimmingg aRemoval. Bucket, Grappletrucks.Firewnnd HUSBAND/WIFE Remodel, Rep irs. torpent Rom Addlt--also ry, Storm Repa;r Specialist. sP_ RT,g In pngl endo- 772-5674245 ae NOME CLEANING SRVC ear=rele PanosA Drneways s res lanae a pat hs nee ue/Ins 772.472-8676 IR/sl We alspdo W'ndows& Preswr. .fear, U0., 773.766.4174 tc 772-672-43S3 4353 1,,z Est!Dlscnun[For Semorsd VETS! Call 772-3764709 KUHNERT ROOFING John DWCIIS INSIDE/OUTSIDERenovation Remodel --- - ItdMu 6ivera oMert ■..Mu ar Rcpalrs. New Roar GP,.an "I Do N AN Tree Servke' CLEANING Roam Additions COASTAL ALUMINUM ca. Rooho is our ONLY Busness LIaAm. Tree Tr'mminq, has, ys p Qua y y! 20 r Ilt I call Today 772-919-2830 Kitchens, custom bathrmm�s, Pod Enclosures, Rescreen, Re airs, Raigh s MOving$StOrd9e eR000104>I 7]2)563 OM3 ( HaulI, .Stam q pGrintl(ng. Weeding, Pressor Special Rates 7]2 -513 -Still IRSL flooring,painliI doors. windows.L detks Aluminum Roos 773 -d66 -elan irieoum es AAA MOVING First floor speuah $75/hr MTW ROOFING dha -n -2479 )13.6JIi399 pr 801-109.7ditl Cleanup/Hauling New eenseruction, Ina. D&R RESCREENING Ind floor.$95/hr. w/2 -hr ThompsoN RemadeRnga Roe -#g Didslon pHIWP'S TREE A-1 DANIEL'S HAULING CGCO15735 LlcAns Pml&Petia Rescrecninq min. in Indian R:ver Co. Call 772-321.3680 installations rid Retain SERVICE DJP HAP) AIL Trish, Hrush, funk. Driving Window screens. Kick Plata 91dinggdoorB WlMnw repair. Serving IR Co. 772-569-6517 General Conmactiog/Haulln9/ pemoli[I -free Est. ything-Garpo./ihed cieannul ldanaweek ROUTE DELIVERY VIsaMC/DI./AMY uc,nnn a11oa>s:e-d639 Painting 5ervic 415 Roofin�Conttactor ,A,, nmle:Vel=ranowned uulns773-216-073 sLMcln IR SL Mc(7n)elz-A25M O BROTHERS DRIVER - PT DRYWALL REPAIR Ap A.W. PAINTING WBIE. CFront # Inc. CLEANING A HAULING ,,. nine raga eaves arwer Jnr up4 Ie magazine.>Aust nave Popcorn removal.smaoNcelkn9 Knock down texture. per Halo Inr"Erl/ Vressure Wain #]]se R<raenrB-1 Rewire see Marto est. uck TREE TRI HAND REMOVAL LAWNi LANDSCAPE AS trash removal. FREE -d ­ canons ]]]-->Ol-te6t Ne whickand insurance. ..it,. me ti rsiiud.zpYissra lane ne. 44 Li 772-741.5985 Ins LIC#MCDRy6s26 PSL946J 33 Years erP' IR county (172))21-7336 eauntyolr myeen. Hest warranty lntne Business! Mc. RCaeulaa (1)])374977] Nolob too smolt Lie/Ins. Martin/SL Wck. 111-985-)]941 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: ROBERT GALBRAITH ADDRESS: 1276 SCARLET OAK CIRCLE, VB, 32966 PHONE: 772-342-4479 SUBJECT MATTER FOR DISCUSSION: SALE OF WEAPONS IN COUNTY GOVERNMENT FACILITIES IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? 7 YES 7 NO IS THIS AN APPEAL OF A DECISION ❑ YES 7 NO WHAT RESOLUTION ARE YOU GOVERNMENT FACILITIES NOT TO BE USED FOR WEAPON REQUESTING OF THE COMMISSION? SALES. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES IX I NO WHAT FUNDS OR ACTIVITIES ARE ZERO REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: _ Interactive Web Form X_ E -Mail _ Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: 3/13/1$ F:%County Admin'ExecAsst'AGENDATublic Discussion Items Fom.doc 149 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: Joel Molinari ADDRESS: 1025 50 Ave Vero Beach, FL 32966 PHONE: 772-473-2584 SUBJECT MATTER FOR DISCUSSION: Public gatherings and events on/in taxpayer owned property/facility. 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 No resolution. Simply to voice support for our taxpayer WHAT RESOLUTION ARE YOU funded/county owned facilities to be used for the purposes of legal REQUESTING OF THE COMMISSION? commerce/trade/gatherings as long as the event organizers meet the facility rules such as safety, cleanliness, order, etc. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ YES FX I NO WHAT FUNDS OR ACTIVITIES ARE None REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown F:ACounty AdminAHxecAsstAAGENDATublic Discussion Items Form.doc 150 DEPARTMENTAL MATTERS Indian River County Inter -Office Memorandum Office of Management and Budget Date: March 5, 2018 To: Members of the Board of County Commissioners Through: Jason E. Brown, County Administrator From: Michael Smykowski - Director, Office of Management & Budget Subject: Children's Services Funding Allocation for Fiscal Year 2018/2019 Description and Conditions Each year, the Board of County Commissioners approves a funding allocation for Children's Services. This amount is then allocated to the applicants based upon recommendations of the Children's Services Advisory Committee. The County historically changed the funding allocation based upon the previous fiscal year's taxroll change with exceptions during the economic downturn. Funding during the downturn reached a low point of $623,890 and was held constant at that level during FY2012/2013, FY2013/2014, and FY2014/2015. For fiscal year 2015/2016, the Board of County Commissioners approved a matching program where each dollar raised by the community would be matched dollar for dollar up to $200,000 in addition to the base funding amount of $651,965. It should be noted that the base funding amount was based upon the prior year's allocation ($623,890), plus the change in the taxroll for the prior year (4.5%). This resulted in total county funding of $851,965, plus $200,000 raised from the community (for a total of $1,051,965) allocated through the process. In FY 2016/2017, the Board of County Commissioners provided funding for the entire allocation from the previous year ($1,051,965), which resulted in a $200,000, or 23.5% increase from the prior year In FY 2017/2018, the Board approved a three year phase-in of funding to reach the 0.1250 millage cap authorized for the program. The FY 2017/2018 total approved funding amounted to $1,607,965 and included the one-time use of $250,000 in available non ad valorem funds. This represented an increase of $556,000 or 52.9% from FY2016/217 funding levels. An attachment to this agenda item displays the historical Children's Services funding levels in both tabular and bar chart formats. Staff is requesting that the Board set a funding allocation for Children's Services for FY 2018/2019 at this time. The Board previously approved Children's Services Council funding of $1,663,965 for FY2018/19. Minutes from the March 14, 2017 County Commission meeting, agenda item 12E1, are attached as a reference. This is a net increase of $56,000 or 3.5% from the FY 2017/2018 funding level. However, the impact to ad valorem taxes is actually $306,000 due to the non-recurring revenue that funded $250,000 of the FY2017/18 allocation. Staff anticipates a moderate increase in the tax roll for next fiscal year. Staff also anticipates several other funding request increases due to deferred capital purchases and continued constrained funding levels for various agencies. It is anticipated that these requests will continue to strain the County's resources, even with the benefit of a rising tax roll. A 3% increase in the General Fund tax roll would 151 Board of County Commissioners Page 2 of 2 March 5, 2018 yield $1,607,678 in incremental ad valorem revenue at the 95% appropriation level, assuming a constant General Fund millage of 3.4604. The recommended $306,000 increase in Children's Services ad valorem funding would represent 19% of incremental General Fund ad valorem tax dollars. Recommendation Staff recommends that the Board of Commissioners approve funding for Children's Services agencies in the amount of $1,663,965 for fiscal year 2018/2019, which is an increase of 3.50% or $56,000 from the current year base funding level. However, the General Fund ad valorem impact is actually $306,000 due to the use of $250,000 in non-recurring revenue in the FY 2017/2018 funding allocation. This recommendation is consistent with Board policy direction from the March 14, 2017 Board meeting and continues progress toward ultimately funding Children's Services programs at the maximum cap of 0.1250 mills. Attachment Children's Services Funding History March 14, 2107 Minutes (Agenda Item 12.E.1) APPROVED AGENDA ITEM: FOR: March 13, 2018 152 Children's Services Council Advisory Committee Funding History (FY1997/98 through FY2017/18) Fiscal Year Total Approved Funding % Increase 1997/1998 $81,370 n/a 1998/1999 $293,835 261.1% 1999/2000 $414,072 40.9% 2000/2001 $750,000 81.1% 2001/2002 $900,000 20.0% 2002/2003 $900,000 0.0% 2003/2004 $1,147,750 27.5% 2004/2005 $1,223,000 6.6% 2005/2006 $1,173,000 -4.1% 2006/2007 $1,208,100 3.0% 2007/2008 $1,100,000 -8.9% 2008/2009 $882,700 -19.8% 2009/2010 $768,100 -13.0% 2010/2011 $691,290 -10.0% 2011/2012 $656,726 -5.0% 2012/2013 $623,890 -5.0% 2013/2014 $623,890 0.0% 2014/2015 $623,890 0.0% 2015/2016 $851,965 36.6% 2016/2017 $1,051,965 23.5% 2017/2018 $1,607,965 52.9% Children's Services Council Funding History y0o°1 L°°° L L L°°3 L°°� 1°°h l°°�O l°°1 l°°� y°°moi y°�° y°�ti y°�ti °�3 y°�A °�S °,II0 °�1 'b �\°\ y\ a\ �\ �\ h\ �\ �\ �\ �\ ti°ti°\ y\ �9- If ti°tip\ ti°tip\ ti°'�\ ti°tip\ ti°tip\ Fiscal Year 153 $1,800,000 $1,600,000 $1,400,000 $1,200,000 N 0 $1,000,000 C $800,000 G $600,000 $400,000 $200,000 $0 y0o°1 L°°° L L L°°3 L°°� 1°°h l°°�O l°°1 l°°� y°°moi y°�° y°�ti y°�ti °�3 y°�A °�S °,II0 °�1 'b �\°\ y\ a\ �\ �\ h\ �\ �\ �\ �\ ti°ti°\ y\ �9- If ti°tip\ ti°tip\ ti°'�\ ti°tip\ ti°tip\ Fiscal Year 153 Board of County Commissioners Meeting Minutes - Final March 14, 2017 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1 17-0268 Children's Services Funding Allocation for Fiscal Year 2017/2018 RecommendedAct;on: Staff recommends that the Board of Commissioners approve funding for Children's Services agencies in the amount of $1,117,397 for fiscal year 2017/2018, which is an increase of 6.22% or $65,432 from the current year base funding level. This recommendation is based on efforts to avoid a General Fund millage increase in the upcoming fiscal year. Attachments: Staff Report Management and Budget Director Michael Smykowski gave a PowerPoint Presentation regarding the history of the County's funding of Children's Services, from Fiscal Year 1997-1998 to the current Fiscal Year of 2016-2017. He explained that the funding has historically been based upon the prior year's allocation and the change in the taxroll for the prior year. Director Smykowski reported that based upon the previous fiscal year's tax roll change of 6.22%, staff recommended a funding allocation of $1,117,397 for Fiscal Year 2017-2018, or an increase of $65,432 from the current year base funding level. He noted that the recommendation was based on efforts to avoid a General Fund millage increase in the upcoming fiscal year. Hope Woodhouse, 199 Island Creek Drive, spoke about an agreement made in 1999 by the Commissioners to fund Children's Services at the millage rate of 0.1250. She also provided and reviewed a document showing a cumulative funding deficit for Children's Services from 1999. The following speakers, many of whom advocated a return to the 0.1250 millage cap designated in the 1999 Agreement, presented arguments in support of increased funding for Children's Services: Indian River County Florida Page 11 154 Board of County Commissioners Meeting Minutes - Final March 14, 2017 • Wanda Lincoln, 511 Shores Drive • Dan Somers, 290 Sea Oak Drive, Co -Chairman, Boys and Girls Club of Indian River County • Michael Kint, 6255 59th Court, and CEO of United Way of Indian River County • Tiffany Justice, School Board Member • Bob Savage, Vice Chairman of the Healthy Start Coalition • Katy Faires, 5200 17th Street SW, Board Chair of Childcare Resources • Jimmy Lloyd, County resident and parent • Fellsmere Chief of Police Keith Touchberry • Fran Adams, 1651 Indian River Drive, Member of the Moonshot Community Action Network • Barbara Hammond, 4638 Pebble Bay Circle • Freddie Woolfork, 4590 57th Avenue • Antoine Jennings, Founder of Crossover Mission • Catherine De Schouwer, Co -Founder and Executive Director of Crossover Mission • Marilyn Scully An extensive discussion/debate followed, with input from County Administrator Jason Brown and Director Smykowski, about the County's overall budget, the various services/expenditures the County must finance, and the most fiscally responsible way to increase funding for Children's Services, without creating a tax burden on all citizens. County Administrator Jason Brown suggested that if the Board wished to restore the funding to the 0.1250 mills, it would be best to phase in the change over a period of three to five years. Discussion followed as individual Board Members expressed support to increase funding as quickly as possible. Vice Chairman O'Bryan, Board Liaison to the Children's Services Advisory Committee, presented a proposal to phase in the millage increase over a five-year period, and to provide an additional non-advalorem contribution of $250,000 for this fiscal year, which would come from the sale of the 16th Street Ball Fields (see Item 11A for details). Indian River County Florida Page 12 155 Board of County Commissioners Meeting Minutes - Final March 14, 2017 A motion was made by Vice Chairman O'Bryan to: (1) increase funding for Children's Services for Fiscal Year 2017-2018.to the .085 millage cap, and provide an incremental Increase in the millage rate of 0.0100 per year to reach the millage cap of 0.1250 In five years; and (2) to add an additional contribution of $250,000 In non -ad -valorem revenue from the sale_ of the 16th Street Ballfields. The MOTION DIED for lack of a second. Chairman Flescher stated that the proceeds from the sale of the 16th Street Ballfield should be kept in the recreational arena. He said he would like to have a shorter phase-in period to reach the 0.1250 millage cap. Administrator Brown advocated for the increase to be made over a three-year period. A motion was made by Commissioner Adams, seconded by Chairman Flescher, to phase In increased funding for Children's Services to the 0.1250 millage cap over a 3 -year period. Discussion ensued about the possibility of phasing in the 0.1250 millage cap in two years; however, staff cautioned that doing so would place a strain on the County's General Fund budget. Commissioner Zorc stated that he would prefer phasing in the increased funding over two years. However, if it would create a burden, he proposed "front -loading" funding for Fiscal Years 2017-2018 and 2018-2019, and then leveling out the funding in Fiscal Year 2019-2020. Discussion ensued about whether to add to Fiscal Year 2017-2018's funding the revenue from the sale of the 16th Street Ballfield. The Board agreed to allocate an additional $250,000 of non -ad valorem funds as long as it was not the revenue from the Ballfield sale. Discussion followed, with input from Administrator Brown, on the specific funding allocations for each of the next three fiscal years. MOTION WAS AMENDED BY Commissioner Adams, seconded by Chairman Flescher, to approve Increased funding for Children's Services to the 0.1250 millage cap over a 3 -year period, (1) for Fiscal Year 2017-2018, an increase of $306,000, plus additional funding of non -ad valorem revenue in the amount of $250,000, for a total increase of $556,000, and a total allocation of $1,607,965; (2) for Fiscal Year 2018-2019, an increase of $56,000, for a total funding allocation of $1,663,965; and (3) for Fiscal Year 2019-2020, an increase of $306,000 (rounded off), for a total funding allocation of $1,970,091. The motion carried by the following vote: Indian River County Florida Page 13 156 Board of County Commissioners Meeting Minutes - Final March 14, 2017 Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Zorc Absent: 1 - Commissioner Solari F. Public Works G Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams I D. Commissioner Bob Solari E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 12:01 p.m. Indian River County Florida Page 14 157 for Fiscal Year 2018/2019 March 13, 2018 Children's Services Funding History FYI 997/1998 through FY2017/2018 ... ,..._.......:o .......u..:. :n r.a.._.....�.......:a.:.e..............s......._...........ux.a..e:u.........v.._..._...........�.:.�:.:�:,:.....,.....................e..a....,........-.................._..e...3:1.�.....................e........:..........-......__...................._ .: ............. ::._, ie.rr................_..............:..............................c....E..3..:.........._...........e.._r...a..........._.:.._.........._.., .........:...j :f: ,.............. e ........ ......a....... E. e..v....._........_........_...........,...................._..... e:::.:.:.:. ....._..............:::::i:.:c.:::::::::::e:::::::::....._,..........r:::::::m?o:faF..i,:_:_:.v:::::::::::::.::e_........_..............,eaEe.i:+...v _....o ., .. ::.S.n........_a i..._......v.�..�.r.:_...x_d.............a.....__._.......__........._...........3...a.:..vo.ve.u..e........._...__........._.. .....__...__._........._._..._.,............___._......._. Fiscal Year Total Approved Fundin %Increase 1997/1998 $81,370 n a 1998/1999 $293,835 261.1 1999/2000 $414,072 40.9 2000/2001 $750,000 81.1 2001/2002 $900,000 20.0 2002/2003 $900,000 0.0% 2003/2004 $1,147,750 27.5% 2005 $1,223,000 6.6 2004 % 2005/2006 $1,173,000 -4.1% 2006/2007 $1,208,100 3.0 2007/2008 $1,100,000 -8.9% 2008/2009 $882,700 -19.8 2009/2010 $768,100 -13.0% 2010/2011 $691,290 -10.0% 2011/2012 $ 656,726 -5.0 2012/2013 $623,890 -5.0% 2013/2014 $623,890 0.0% 2014/2015 $623,890 0.0% 2015/2016 $851,965 36.6° $984,075 157.7% 2016/2017 $1,051,965 23.5% or increase $1,607,965 2017/2018 1 $1,607,965 52.9% 1 Children's Services Funding History (FY07- FYI 8) and FY2018/2019 Recommended Funding $1,800,000 $1,663,961 $1,607,965 $1,600,000 _.. -. _. $1,400,000 $1,208,100 $1,200000$1,100,000 1 .R $1051965 1 N '�. G $1,000000 --- _ $882 700 $851965 a E $800,000 tl 3 _ X768 100- 4 $691290 $656726 $623,890 $623,890 $623,890 $600000PH i 3 --- $400000 $200000 I 9 was/m woz/oe roe/w wos/za wia/v rrss/u wiz/v w�a/ia wza/�s wu/zs ins/zz wv/ze vu/v Fiscal Year Children's Services Funding for FY2018/2019 ❑ Staff Recommendation: Fund FY2018/2019 Children's Services based upon previous Board direction at $1,663,965 representing an increase of $56,000 (ad valorem impact of $306,000) . Children's Services Funding (3 Year Phase -In to 0.1250 Millage Cap) IY%- 3 Gross Net Revenue Available for Millage Revenue Appropriation Incremental Fiscal Year Taxable Value Rate Generated @ 95% Revenue FY2016/2017 $15,182,423,493 0.0729 _ $1,107,332 $1,051,965 FY2017/2018 $15,637,896,198 0.0914 $1,429,437 $1,357,965, $306,000 FY2018/2019 $16,107,033,084 0.1087 $1,751,542 $1,663,965 $306,000 FY2019/2020 $16,590,244,0761 0.1250 $2,073,7811 $1,970,091 $306,126 IY%- 3 Children's Services Funding (3 Year Phase -In to 0.1250 Millage Cap) /jV- 4 Net Revenue Gross Available for Revenue Appropriation Incremental Fiscal Year Taxable Value Millage Rate Generated @ 95% Revenue FYI Children's Services Funding $1,607,965 FY 19 Children's Services Funding $16,301,511,097 0.1087 $1,771,974 $1,683,376 $75,411 FYI Children's Services Funding $16,790,556,430 0.1087 $1,825,133 $1,733,877 $125,912 FY 19 Children's Services at cap; assuming 3% General Fund taxable value increase $16,790,556,430 0.12501 $2,098,8201 $1,993,879 $385,914 /jV- 4 /a �g / INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES DATE: March 2, 2018 TO: Jason E. Brown, County Administrator FROM: Vincent Burke, P.E., Director of Utility Services THRU: Arjuna Weragoda, P.E., Capital Projects Manager John Boyer, P.E., Utilities PREPARED BY: Art Pfeffer, Project Specialist SUBJECT: Utility Construction Standards, March 2018 BACKGROUND AND ANALYSIS: On February 14, 2017, the Indian River County Board of County Commissioners (BCC) directed staff to schedule a meeting on the Development Review Process. A Development Review Permitting Process Workshop was held on April 12, 2017. Since Indian River County Department of Utility Services (IRCDUS) had been involved for the past year updating the April 2014 - Water, Wastewater, and Reclaimed Water Construction Standards, workshop participants at the meeting were informed that staff would solicit feedback from the development community prior to finalizing the updates. A file transfer protocol (FTP) site was set up to upload revised documents for review. All workshop participants were notified by e-mail on April 21, 2017 to solicit their review and input on the proposed changes. Email recipients were asked to comment within 45 days, or by June 15, 2017. Only one comment was received, thanking us for the opportunity to review the documents. IRCDUS held a workshop with members of the development community on November 17, 2017. The discussion focused on the initial cost to construct a residential water service (Developer) versus the post construction repair costs to replace a water service (County). The discussion touched on how the proposed construction standards revision would impact initial capital costs to the Developer and the long term operation, and maintenance cost to the Utilities and the intangible cost to the customer when they are out of service. Also, discussed at the workshop was a more transparent revision framework and schedule. The workshop closed with the following action items: • Action Item 1 — Developers to provide a line item cost analysis using existing vs. proposed construction standards. • Action Item 2 — IRCDUS to provide a cost analysis of repairs by street address throughout the C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780D0707\@BCL@780D0707.docx 158 service area, broken down by material and labor. • Action Item 3 — Agenda item would be presented to the BCC to approve adoption of revised Construction Standards in March 2018. The results of the Action Items are as follows: Action Item 1: Although, a line item comparative cost analysis based on the current standards versus the proposed standards was not submitted, one developer and contractor scheduled a meeting on January 31, 2018, with IRCDUS staff regarding lining manholes and related costs. The developer and the contractor were satisfied and were in concurrence once staff explained the need forthe revision and the requirements of the revision. Action Item 2: IRCDUS staff compiled data from main and service line breaks throughout the County service area for a period of 2 years. The average cost is estimated at $1,127.21 per break, inclusive of labor, materials, equipment and restoration costs. The subject agenda addresses action item 3 Staff intends on bringing forth updates and revisions during the same month as the subject updates annually if necessary. Prior to formalizing the updates/revisions to BCC, a 30 -day public comment period will be scheduled. Following is an example of a tentative schedule to be followed during updates: Standards Update Task Schedule Draft of the Updates/Revisions December, 2018 Submit of the updates/revisions for comments January, 2019 Receive comments February, 2019 Submit for BCC approval/adoption March, 2019 Given that industry standards are constantly changing, an update to the standards and specifications is essential in order to stay in conformance with American Water Works Association (AWWA) requirements. The infrastructure dedicated to the utility with updated changes will be of a quality that will minimize future maintenance and replacement costs. In so doing, new facilities accepted by IRCDUS will not burden existing customers due to premature failure. Additionally, the procedures contained in the updates provide a detailed description of IRCDUS administrative requirements. This allows projects to be completed as expediently as possible and permits staff to treat all new projects/customers in a uniform and non-discriminatory manner. Staff evaluates new products or product manufacturers and accepts those with merit. Incorporating this kind of change offers a clear and consistent guideline to a contractor providing building services in the County. Similarly, for the Utility Inspector, the construction standards provide a minimum acceptable installation requirement. Ultimately, IRCDUS customers benefit from a reliable system. Engineering and Operations staff reviewed the December 2015 standards, completed a comprehensive revision and forwarded the revised document to an engineering consultant, Richard B. Votapka of Vero Beach, for review. Mr. Votapka performed a thorough examination and made recommendations, which have been incorporated into the proposed March 2018 standards. Each drawing was revised for technical C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780D0707\@BCL@780D0707.docx 159 accuracy, and consistency for style and syntax. The written specifications were updated and cross referenced with the drawings. A list of the major changes is documented in Attachment A. Complete documentation of the revisions recommended by Mr. Votapka is on file and may be viewed upon request. The intent and technical integrity of the document provides a minimum standard and serves as a guide for the construction of water, wastewater and reclaimed water utilities. The revised standards will be incorporated into the IRCDUS website (www.ircutilities.com) and will be available for downloading in a portable document format (PDF). FUNDING: Funds are not required for the subject task. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve adoption of the Indian River County Department of Utility Services Water, Wastewater and Reclaimed Water Construction Standards — March 2018, as presented. ATTACHMENTS: Attachment A— List of Major Revisions to Standards C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780D0707\@BCL@780D0707.docx 160 ATTACHMENT A APPROVED PRODUCTS Fire Hydrants 5 %" Valve Opening Add East Jordon Iron Works Fire Hydrants. Ease of maintenance and a local distributer. Three manufacturers on the list, including Mueller & Clow. PE Pipe and Tubing Remove Endot poly. Product has not performed well. Add REHAU Municipex poly, which is a crosslinked polyethylene PEXa. Has tested extremely well. Two local distributers. Five PE manufacturers on the list. Bronze Gate Valves Add EJ Gate Valves. They appear to be a much heavier built valve. Manhole and Lift Station Linings Remove Con Shield Technologies, Inc. Four manufacturers remain on the list. Manhole -Pipe Connection (Boot) Add PBX Press Seal Gasket Corp. Two manufacturers on the list. Meter Boxes Add Glassmeter Pre -Plumbed Meter Boxes, Hubbell Meter Boxes. Three manufacturers on the list. Lift Station and Manhole Sealant Coatings Add CANUSA WRAPID SEAL. Two manufacturers on the list. UTILITY CONSTRUCTION PERMIT CHECKLIST POTABLE WATER DISTRIBUTION SYSTEM 5. Removed requirement for record of amount of water used during construction. Added compaction density report to be signed by Florida PE. 9. Added new text for Backflow Preventer Certification(s). Proof required that certification has been filed in accordance with the County Cross Connection Control Program. WASTEWATER COLLECTION/TRANSMISSION SYSTEM 5. Added compaction density report to be signed by Engineer of Record. DRAWINGS W-1 FIRE HYDRANT VALVES: Add Note 8, No reflective markers shall be placed in bike lanes. W-2 FIRE HYDRANT DETAILS: Note 10, Remove reference to fire code. IRCDUS requires a greater clear zone. W-3 MANUAL 2" BLOW OFF: Removed 2" downturn section from drawing. Removed Note side regarding IRCDUS constructing and removing downturn section. 161 W-4 WATER SERVICE: Add 90' ANGLE CURB STOP, outside of meter box. Add to drawing call out note "MARKER PAINTED BLUE" at property line. Add call out note "RUBBER GASKET REQUIRED". Add a curb detail to each edge of the roadway and call out note, "ETCH CURB WITH "W" FOR WATER SERVICE". W-5 WATER SERVICE (OUTSIDE OF RIGHT OF WAY): Add 90° ANGLE CURB STOP, outside of meter box. Add to drawing call out note "MARKER PAINTED BLUE" at property line. Add call out note "RUBBER GASKET REQUIRED". Add a curb detail to each edge of the roadway and call out note "ETCH CURB WITH "W" FOR WATER SERVICE". W-6 METER BOX: Add note 90° ANGLE CURB STOP, outside of meter box. Add note "IRCDUS may require radio read lid". Removed Note 4, which referred to 2" meters. Re -number note list. W -6A TEMPORARY HOSE BIBB: New drawing. A temporary hose bibb, on the customer side of the meter, allows for metered water service during the construction phase of the building. Hose bibb will be removed after construction and water service connection constructed. W-7 TYPICAL PRE -PLUMBED METER BOX: Add Note 3 "Meter box lids with radio read lids may be required by IRCDUS". Not shown in drawings. Rearranged drawing views for clarity. W -7A TYPICAL OPEN BOTTOM METER BOX: New drawing. Open bottom meter boxes are acceptable for use by IRCDUS. W-9 FLUSHING CONNECTION: Add to drawing an additional gate valve at the end of the flushing limits. W-10 DOUBLE -DETECTOR CHECK VAVLE ASSEMBLY: Add Note 4 "MINIMUM 4" SERVICES TAP REQUIRED WITH A 4" GATE VALVE". Removed from the PLAN VIEW the 3'-0" dimension at the property line. Eliminated the footer on the concrete slab. Add the call out note "%" PREFORMED JOINT MATERIAL TO BE PLACED BETWEEN PIPE AND CONCRETE OR PIPE SLEEVE". W-11 BACKFLOW PREVENTER: Note 3 add NSF to existing list. Delete Note 5, regarding below ground installation. Renumber note list. Note 7, "RPZ'S SHALL BE INSPECTED, CERTIFIED AND REPORTED ON AN ANNUAL BASIS IN ACCORDANCE WITH THE INDIAN RIVER COUNTY CROSS CONNECTION CONTROL PROGRAM REQUIREMENTS". W-12 MASTER METER COMBINATION ASSEMBLY: Moved note "CUSTOMER RESPONSIBILITY" to the left. Add note "CUSTOMER SHALL BE RESPONSIBLE FOR ALL MAINTENANCE WITH THE EXCEPTION OF THE METER, WHICH IS THE PROPERTY OF IRCDUS". Add note PLAN VIEW to read, "3'-0" MINIMUM CLEARANCE". In ELEVATION VIEW, eliminated the footer on the concrete slab. Add note "1/2" PREFORMED JOINT MATERIAL TO BEPLACED BETWEEN PIPE AND CONCRETE OR PIPE SLEEVE". Add note 7, "RPZ'S SHALL BE INSPECTED, CERTIFIED AND REPORTED ON AN ANNUAL BASIS IN ACCORDANCE WITH THE INDIAN RIVER COUNTY CROSS CONNECTION CONTROL PROGRAM REQUIREMENTS". W-13 TEMPORARY JUMPER DETAIL: Change call out note from "DOUBLE CHECK VALVE" to "2" RPZ BACKFLOW PREVENTER". All notes were revised, duplicate notes removed, renumbered and continued into W-14. 162 W-14 TEMPORARY JUMPER DETAIL: Title block changed to read, "TEMPORARY JUMPER DETAIL NOTES — CONTINUED FROM W-13". Note at top left of page "CONTINUED FROM W- 13". Renumber all notes. Revised Note 11 to read "THE CONTRACTOR SHALL PROVIDE DOCUMENTATION DEMONSTRATING THAT THE REDUCED PRESSURE ZONE BACKFLOW PREVENTOR (RPZ) IS IN GOOD WORKING ORDER AT THE TIME OF INSTALLATION, AND PROVIDE DOCUMENTATION THAT THE RPZ HAS BEEN TESTED BY A QUALIFIED BACKFLOW TECHNICIAN AS APPROVED BY IRCDUS. THE CONTRACTOR SHALL HAVE EACH RPZ TESTED PRIOR TO USE ON EACH PROJECT". R-1 REUSE METER/VALVE-ASSEMBLY DETAIL: In ELEVATION VIEW, eliminated the footer on the concrete slab. S-1 STANDARD LATERAL (SHALLOW SEWER): In the ELEVATION VIEW, add a curb detail to each edge of the roadway. Add note "ETCH CURB'S' FOR SEWER LATERALS". The property lines have been moved to better illustrate the sewer laterals terminating in the easement or right of way and being the responsibility of IRCDUS. Added note "MARKER PAINTED GREEN". The markers have been placed at the property line over the sewer lateral terminations. Added note in the PLAN VIEW "COVER WITH DETECTION TAPE SEE NOTE 2". Added NOTE 6 "RISERS AND CLEANOUT SHALL NOT BE CONSTRUCTED WITHIN 12" OF SIDEWALK". S-2 MODIFIED RISER LATERAL (DEEP SEWER): In the ELEVATION VIEW, add a curb detail to each edge of the roadway. Add note "ETCH CURB WITH 'S' FOR SEWER LATERALS". The property lines have been moved to better illustrate the sewer lateral terminating in the easement or right of way and being the responsibility of IRCDUS. The riser pipes have been shown in a light pen weight. Add NOTE 4 "PLUMBING CONTRACTOR SHALL BE RESPONSIBLE FOR RISER PIPE WITH BEND FOR SERVICE CONNECTION AND FOR SETTING 4" SEWER CLEANOUT TO FINSHED GRADE PRIOR TO CONNECTION". Added NOTE 5, "RISERS AND CLEANOUT SHALL NOT BE CONSTRUCTED WITHIN 12" OF SIDEWALK". S-3 SEWER LATERAL RISER — DETAIL: In the ELEVATION VIEW, a sidewalk was added with a note, a property line and a dimension of 12" minimum. The sewer lateral has been shown in a light pen weight with a note to read "IRDCDUS RESPONSIBILITY". A phantom line and "CUSTOMER RESPOSIBILITY" has been added to delineate construction responsibility. (Riser pipes are the customer's responsibility.) Add NOTE, "PLUMBING CONTRACTOR RESPONSIBLE FOR RISER PIPE & CLEAN OUT". S-5 MANHOLE SPECIFICATIONS: All notes were revised, duplicate notes removed and renumbered. Add NOTE 20, "ALL MANHOLES, LIFT STATION WET WELLS, VALVE VAULTS, JOINTS, AND COURSES OF BRICK SHALL BE SEALED". S-6 MANHOLE SLAB TOP: Add note "SEAL". (Seal to be used at the joint between manhole body and top.) S-7 MANHOLE SLAB TOP: Add note "SEAL". (Seal to be used at the joint between manhole body and top.) S-8 MANHOLE STANDARD DEEP: Add note "SEAL". (Seal to be used at the joint between manhole sections, manhole body and top.) 163 S-13 FORCE MAIN TIE-IN: Add note "SEAL". (Seal to be used at the joint between manhole body and top.) 5-14 TYPICAL WASTEWATER PUMPING STATION-WETWELL/VALVE VAULT PLAN VIEW: Add note "LINER REQUIRED SEE 5-20 NOTE 30". Wet well depth/diameter chart has been removed. See S-20. Add note to CONTROL PANEL "LOCATION OF CONTROL PANEL TO BE APPROVED BY IRCDUS SEE 5-16 & S 17. TYPICAL PUPLEX PUMP CONTROL PANEL SEE 5-18 & S-19. TYPICAL CONTROL PANEL NOTES 5-20". Add note "ALL HARDWARE SHALL BE 316 STAINLESS STEEL. SEE 5-20 FOR PUMP STATION GENERAL NOTES. SEE S-21 FOR PUMP STATION ELECTRICAL & EMERGENCY GENERATOR NOTES". Add note "(3) schedule 80 PVC cable conduits 2"0 TO CONTROL PANEL (ENTIRE LENGTH) FOR #1 PUMP LEAD, #2 PUMP LEAD & FLOAT SWITCH". Add note "1" WATER SERVICE WITH REDUCED PRESSURE BACKFLOW PREVENTER AND HOSE BIBB TO BE FILED LOCATED". S-15 TYPICAL WASTEWATER PUMPING STATION-WETWELL/VALVE VAULT CROSS SECTION: Add note "LINER REQUIRED (SEE S-20 NOTE 30)". Add note, "ALL HARDWARE SHALL BE 316 STAINLESS STEEL. SEE 5-20 FOR PUMP STATION GENERAL NOTES. SEE S-21 FOR PUMP STATION ELECTRICAL & EMERGENCY GENERATOR NOTES". Wet well depth/diameter chart has been removed. Add note "%" PREFORMED JOINT MATERIAL TO BE PLACED BETWEEN PIPE AND CONCRETE OR PIPE SLEEVE". The top of the valve vault has been lowered so that the concrete apron surrounding vault is flush with wet well. Add note "SEAL" for wet well body and slab top. Add note "SEAL" between wet well body sections. The pump(s) float switch, on/off elevations have been revised for a more accurate depiction of the elevations required to prevent cavitation. Add note, "RISER PIPE FLANGE SHALL HAVE LOCK WASHERS". S-16 TYPICAL WASTEWATER PUMPING STATION -SITE PLAN: A data flow tower has been added to each view. Add note "DATA FLOW TOWER TO BE APPROVED BY IRCDUS". Add note to each view, "EMERGENCY GENERATOR, SEE NOTE 2, and SEE S-21 GENERATOR NOTES. Add note to each view "REINFORCED CONCRETE SLAB 6" THICH (MINIMUM). FINISHED ELEVATION OF PAD TO BE 4" ABOVE FINISHED GRADE ELEVATION". S-17 TYPICAL WASTEWATER PUMPING STATION -ELECTRIC SERVICE ENTRANCE (METER/PANEL BOX): New drawing, based in part on S-18 MARCH 2014. The drawing details the electrical service specifications. It illustrates the conduits required, generator receptacle, meter can, etc. 5-18 TYPICAL WASTEWATER PUMPING STATION DUPLEX PUMP -ELECTRIC CONTROL PANEL (BACK PANEL LAYOUT): New drawing that details the panel requirements. 5-19 TYPICAL WASTEWATER PUMPING STATION DUPLEX PUMP -ELECTRIC CONTROL PANEL (INNER DOOR LAYOUT): New drawing that details the panel requirements. 5-20 TYPICAL WASTEWATER PUMPING STATION GENERAL NOTES: New drawing. All wastewater pumping station notes were revised, duplicate notes removed, renumbered and placed on a dedicated page. All wastewater pumping station drawings reference 5-20 and 5-21. S-21 TYPICAL PUMPING STATION ELECTRICAL & GENERATOR NOTES: New drawing. PUMP STATION ELECTRICAL NOTES are comprised of previous electrical notes and expanded into a specification requirement for constructing an IRCDUS lift station. EMERGENCY GENERATOR NOTES were placed under a separate heading as well. The EMERGENCY GENERATOR NOTES 164 reference Section 17, ENGINE DRIVEN GENERATOR SETS. All pump station drawings reference S-20 and S-21. M-1 TRENCH DETAIL (UNPAVED EASEMENTS): Add note "COMPACTION DENSITY REPORT, SIGNED AND SEALED BY A FLORIDA LICENSED PE, REQUIRED". Drawing revised to mirror Public Works construction and restoration requirements. M-2 TRENCH DETAIL (PAVED AREAS & SHOULDERS): Add note "COMPACTION DENSITY REPORT, SIGNED AND SEALED BY A FLORIDA LICENSED PE, REQUIRED". Drawing revised to mirror Public Works construction and restoration requirements. M-5 VALVE AND BOX: Add NOTE 1 "VALVE BOXES SHALL BE CONSTRUCTED PER MANUFACTURER SPECIFICATION". Add NOTE 2 "THE USE OF A PVC RISER IS NOT ACCEPTABLE". All notes were revised and renumbered. TYPE I VIEW (PAVED AREA): Add to the drawing to have trace wire added over top pipe. Dimension top, left changed from 12" maximum to "24" MAXIMUM WITH OR WITHOUT EXTENSION". Refers to the use of valve extensions. Revised note to read "SLIDE TYPE VALVE BOX H-20 LOAD RATING". (There is no trace wire port in this view because it would be under pavement. Trace wire is to be left in the valve box lid.) Add NOTE 9 "VALVE BOX LID LOCATED IN PAVEMENT SHALL BE A MINIMUM 24 LBS. WITH A MINIMUM 6" LONG THROAT". TYPE II (UNPAVED AREA): Drawing has been revised to eliminate the long throat valve box lid. (Long throat not required in an unpaved area. No traffic.) Add note "WIRE PORT BOX 2"0 TO HOUSE TRACE WIRE (SEE APPROVED MANUFACTURERS' PRODUCT LIST)". The 8" dimension referring to the thickness of the valve pad has been revised to read 6". Add NOTE 11 "VALVE BOX SHALL COMPLY WITH FDOT STANDARDS AS APPLICABLE". Add NOTE 12 "VALVE EXTENSIONS OVER 36" REQUIRE IRCDUS ENGINEERING APPROVAL". Add NOTE 13 "VALVE SPACING ON WATER MAINS SHALL NOT EXCEED 1000' MAXIMUM". M-6 VALVE BOX PAD: Note that references valve box pad thickness was broken into two notes. One for 36"x36"x8" thick. One for 24"x24"x6" thick. The 24x24 pad thickness was reduced from 8" to 6". Note 1 was revised to include "RED -FIRE HYDRANTS". M-7 AIR RELEASE VALVE MANHOLE BELOW GROUND: Add note "SEAL -SEE NOTE 6". Add NOTE 6 "SEAL SHALL BE USED AT ALL JOINTS. SEE DRAWING S-5, NOTE 21". Add note "MANHOLE COATING. SEE NOTE 2." M-8 AIR RELEASE VALVE ABOVE GROUND: The larger 4" air release valve has been removed from the drawings. Add NOTE 4, "FOR AIR RELEASE VALVES LARGER THAN 2" CONSULT IRCDUS". Material notes call out stainless steel (or brass for nuts). M-14 AS -BUILT DRAWING (EXAMPLE): The drawing elements were rearranged for clarity. The large note in the upper right was scaled down, edited and placed next to title block. Add note, in red highlight, "INFO REQUIRED FOR SERVICE SADDLE AND CORP STOP". Add note, bottom right, in red highlight, "ALL REQUIRED AS -BUILT INFORMATION SHALL HAVE OFF -SET AND STATE PLANE STATION NUMBERS". M-15 AS -BUILT RECORD GENERAL INFORMATION REQUIREMENTS: All As -Built Record Drawing notes were revised, duplicate notes removed and renumbered. A larger font has been 165 used for clarity. Note 8, revised to read, "ALL INCOMING AS -BUILT RECORD DRAWINGS (24"X36") SHALL STATE IN 1" LETTERING "AS -BUILT" AND THE DATUM USED IN 1" LETTERING IN THE LOWER RIGHT HAND SIDE OF THE DRAWING ORIGINAL AND/OR COPIES ALONG WITH AS - BUILT DATE. ALL INCOMING AS -BUILT RECORD DRAWINGS SHALL BE RECEIVED ON A CD, AS AN ELECTRONIC COPY, AUTOCAD 2015 FORMAT, OR LATEST VERSION, WITH A TIE TO A MINIMUM OF TWO (2) STATE PLANE COORDINATES. (NOTE: PRIOR TO SUBMITTING THE ELECTRONIC COPY, ONE (1) COPY OF EACH AS -BUILT SHALL BE SUBMITTED FOR REVIEW AND APPROVAL. AFTER ALL APPROVALS, (3) THREE (24"X36") SIGNED AND SEALED COPIES OF EACH AS -BUILT SHALL BE SUBMITTED. ALL AS -BUILT RECORD DRAWINGS SHALL BE IN A MINIMUM SCALE OF 1"=40'. M-16 AS -BUILT RECORD GENERAL INFORMATION REQUIREMENTS (CONTINUED): New drawing. All As -Built Record Drawing notes were revised, duplicate notes removed and renumbered. A larger font has been used for clarity, which required two pages for listing. M-17 AS -BUILT RECORD SURVEY REQUIREMENTS: New drawing. This drawing is a scope of service requirements for IRCDUS route surveys received from Continuing Services Engineering firm. 166 x; r; CONSTRUCTION STANDARDS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS MARCH 13, 2018 TIMELINE April 12, 2017 Development Review Committee meeting April 21, 2017 Solicit input from DRC members/ stakeholders June 15, 2017 Only 1 submittal "thank you" October 2017 IRCDUS delayed in presentation to BCC. Schedule workshop November 17, 2017 Cost Workshop with interested parties December 08, 2017 Request for comments/ notes from meeting. None received. January 31, 2018 Developer/contractor meeting at Utilities March 09, 2018 Notify DRC about agenda item March 13, 2018 BCC Meeting. Agenda item 12.G.1 APPROVED PRODUCTS — FIRE HYDRANTS ❖ Adding East Jordon hydrants o Per Operations, Municipex has tests extremely well o Two local distributors APPROVED PRODUCTS — PE PIPE AND TUBING ❖ Remove Endot poly — product has not performed well ❖ Add Municipex poly-PEXa o Per Operations, Municipex has tests extremely well o Two local distributors r f r HYPOTHETICAL 100 UNIT SUB -DIVISION WITH SINGLE FAMILY HOMES Total Cost (PEXa): Total Cost (Black PE): Service Types Qty Total Total Increase per Cost Cost Service Single Short 5 $82.50 $25.00 $11.50 Single Long 5 $453.75 $137.50 $63.25 Double Short 22 $627.00 $162.80 $21.10 Double Long 23 $7,279.50 $1,495.00 $251.50 $8,442.75 $1,820.30 Increased Cost as Result of PEXa: $6,622.45 or $66.22 per unit POST CONSTRUCTION/ ACTUAL REPAIR COSTS Average Cost to Utility Department $1,127.21/repair 70 repairs/ past 2 years Labor, material, equipment, restoration St. David's Lane (Grand Harbor) $2,752.44 75 repairs at 1 location APPROVED PRODUCTS — BRONZE GATE VALVES •'• Add East Jordon gate valves o Appear to be a much heavier duty built valve i F 1 3 APPROVED PRODUCTS — SERVICE SADDLES / STAINLESS STEEL STRAPS ❖ Added stainless steel straps o Clarifies material to be used j o Will only use stainless steel l G, 4. 1 ;i 1�k 4 APPROVED PRODUCTS — METER BOX ❖ Add Glassmeter pre -plumbed to meter boxes ❖ Drawing W-7 is a typical pre -plumbed meter box o Drawing W -7A adds open -bottom box option ❖ Added Note 3: Meter box lids with radio read lids may be required by IRCDUS (not shown in drawing). We have a radio read route and more radio reads will be added. We do not require them at all locations. LIFT STATIONS ❖ Drawings 5-14 through 5-21 were reworked to add clarity ❖ Notes were consolidated to S-20 and 5-21 ❖ 5-16 is a more detailed site plan that includes a data flow tower and water meter/service ❖ 5-17, 5-18 and S-19 are new drawings pertaining to power and control panels AS -BUILT RECORDS ❖ Note 19 added to M-16 as -built records ❖ Pump station power supply from FP&L or COVB electric power pole or transformer to the pump station electric panel shall be included on the as -built record drawings MOVING FORWARD Standards...Schedule Draft of the Updates/ Revisions December, 2018 Comment Period January, 2019 Review/ Process Comments February, 2019 Submit to BCC for Approval March, 2019 r r., I& - 6 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: Off, of INDIAN MEMORANDUM Board of County Commissioners Dylan Reingold, County Attorne�v March 7, 2018 Economic Development Council Appointment 134 Attorney's Matters - B.C. C. 03.13.18 RIVER COUNTY ATTORNEY On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the vacant position of "Representative Appointed by the Board of County Commissioners" on the Economic Development Council, which term expires in January 2019. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following are the names of the qualified applicants for this position, whose resumes and/or applications are available for review in the Commissioners' Front Office area: Sven Frisell Bruce A. Redus Evan Esposito RECOMMENDATION. The County Attorney recommends that the Board review the applicants' resumes/applications, and determine whether to appoint one of the applicants to fill the unexpired term for the "Representative Appointed by the Board of County Commissioners" to the Economic Development Council. ATTACHMENTS Applications Resumes F:\Attorney\Christina\COMMITTEES\General Matters\BCC Agenda Memos\180305 Committee Appointment (EDC) - AtLarge.docx 167 INDIAN RIVER COUNTY APPLICATION SAN 3 12Q18 FOR COMMITTEE APPOINTMENT BOARD OF COUNTI.. COMMISSION Name: Date: �� (✓ I 219(9 Full Name: 5d -rd N�� LL:== Email Address: �VI%r��(1�5(t��pj �►'I¢j/ ,(��/'t Street Address (No P.O. Boxes): I 1 OG 0� Uf A 0 T �1 3 Home Phone:Work Phone: Cell Phone: 0- Z 1 -556 01 .7 How long have you been a resident of Indian River County? AA(U Are you a full or part time resident? Check one: Full Time�Part Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. C3r�� L N �it.i;r��i ~� F C i v VV, 1-0 25 Y '�S AXP Please list any licenses you presently hold: Nl L/�AS LidA5 0 AW i Dr V� Please list any organization of which you are currently a member: 9M A 11 L-vM N l Please list any other committees or boards you currently sit on: A(0) -JA/ < v� 2 t I (�A A Q- Vi i continued on next page 168 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD ❑ COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY 10 Please,ttnt and return the completed apphoatjon, along with a currto the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print 169 SVEN FRISELL 10605 Fife Avenue, Vero Beach, FL 32963 ♦ (772) 388-0517 ♦ svenfrisell@hotmail.com EXECUTIVE LEADER Forward -thinking and results -oriented Management Professional with over 23 years of experience providing excellent operations management, human resources oversight, process improvement, and change management services to top organizations within the hospitality and tourism industry. Proven leader with ability to develop, mentor, and motivate customer -focused, high -performing teams. Proficient in identifying opportunities for improvement and implementing solutions -based systems. Strong communicator who positions organizations to meet goals by fostering cross -departmental collaboration. - - ; AREAS O)F, EXPTRT,ISE . Languages: English, Danish, & Swedish • Strategic & Tactical Planning • New Business Development Negotiations • Sales & Marketing • Business Operations • Client Relations • Vendor Management Inventory Control • Budgeting & Forecasting • Recruitment • Training . Team Development MS Word, Excel, & PowerPoint • WP 7.0 • Web Development ` PROFESSIOl�tA.XPRTENCE PANERA BREAD, Foxwoods, CT Cafe Manager, 2013-2014 ■ Positioned restaurant grossing $3.6M+ for short and long-term success by directing full facet of operational activities in collaboration with four -person management team. ■ Built strong teams and improved performance by overseeing human resources/recruitment efforts, including hiring, training, and scheduling. Key Accomplishments: ■ Led store to perform higher than forecasted and maintain profit in 2013. GLOBAL A 1St FLAGSHIP COMPANY, Antigua, West Indies Consultant, 2011-2013 ■ Boosted market research and business development efforts related to Down Range operation by conducting research and gathering key information. ■ Ensured program success by fostering the maintenance of contracts within the Local Initiative Support Corporation (LISC) Programme at Antigua. Key Accomplishments: • Successfully gathered sensitive information for Boeing's ongoing bid for defense contract. SANDALS REGENCY (LA TOC), St. Lucia, West Indies Hotel Manager, 2010-2011 ■ Managed 331 -room and 240 -acre property with seven restaurants, nine bars, one golf course, three main pools, and 87 private pools. ■ Demonstrated cross -functional collaboration by supervising food and beverage, water sports, golf, entertainment, and activities departments. Key Accomplishments: ■ Maintained safe operations during the devastating effects of Hurricane Thomas. HORIZON SUPPLIES, Antigua, West Indies Operations Manager, 2007-2010 ■ Led the daily operations of major hotel and restaurant supplier, including local purchases, maintenance issues, and daily inventory control. • Directed a team of 28 staff members and managed a fleet of 12 trucks. SVEN FRISELL, Page 2 HORIZON SUPPLIES, CONTINUED Key Accomplishments: ■ Reduced labor costs and operational expenses while maintaining sales during strenuous financial period by negotiating new labor contract with the local labor union. ■ Cut clerical errors, decreased loss, and increased accuracy during annual official audit by developing/implementing inventory system that checked 150 items daily. ■ Ensured food, health, and safety guidelines were met constantly by implementing innovative system. ■ Guaranteed effective and economical use of trucks by developing a monitoring process for truck drivers that included installation of GPS units. SEEBYSEA, Antigua, West Indies Managing Director, 2005-2007 ■ Developed, from the ground up, a tour desk and boat business, including purchasing/outfitting boats, setting up controls/budgets, implementing marketing strategies, and designing routes/excursions. Key Accomplishments: ■ Grew business from a small company giving three tours per week to a business with five desks in major hotels conducting up to 12 tours per week. SUNSAIL CLUB COLONNA, Antigua, West Indies Food and Beverage Manager, 2001-2005 ■ Managed food and beverage operations of 140 -room property. • Supervised and directed staff of 50+ to serve up to 300 guests per sitting. Key Accomplishments: ■ Cut food costs in half while increasing the quality of menu items through rigorous attention to inventory and control systems. ■ Oversaw HAACP plan as recipient of Food Safely Royal Association for Health certification. Previous positions include Hotel Operations Manager for The Mill Reef Club, Human Resources Manager for Pineapple Beach Resort (an Allegro Resort), Consultant for The Host Programme, Club Manager for Satellite Club at the USAir Force Station in Antigua, and Co -Owner of La Perruche Restaurant. EDUCATION`: Bachelor of Science, Organizational Leadership, Penn State University Online, In Progress A prestigious program ofstudy featuring the same curriculum and professors as on -campus equivalent Courses, Antioch College, Springfield, OH Graduate, Fine Arts, The Williams School, New London, CT CERTIFICATES & INCENSES Certified PADI Dive -Master Host Certification & Assessor Training First Aid/CPR Certified Intermediate Food Safety Royal Association for Health Servesafe Food Safety Certification RECOGIVITIO.N Five Trans -Atlantic Crossings by Sailboat INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: Bruce Allan Redus Date: 05/08/17 Full Name: Bruce Allan Redus Email Address: brucearedus@gmaii.com Street Address (No P.O. Boxes): 99 Springlake Drive #102 Vero Beach, Florida 32962 Home Phone: 772-492-9336 Work phone: N/A Cell Phone: 772-559-5404 How long have you been a resident of Indian River County? 2yrs/3mos Are you a full or part time resident? Check one: Full Time V Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Previous resident 1986-92; retired. Past employment as mid-level manager/director in business/community/economic development. Prior to retirement served as Community Development Director supervised three departments -Planning & Zoning/Building/Code Enforcement. Please list any licenses you presently hold: None. Please list any organization of which you are currently a member: None other than homeownership in the Vista Royale HOA. Please list any other committees or boards you currently sit on: None. Continued on next page 172 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE Li CHILDREN'S SERVICES ADVISORY COMMITTEE Q CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL Q ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD U MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK FORCE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 3 801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print 173 Bruce A. Redus 99 Springlake Drive, Apt. #102 Vero Beach, Fl. 32962 772-492-9336 Business Development Industrious, dependable retired professional with excellent communication/organizational skills with proven experience in business development/project coordination seeks challenging position to match my background and experience. I possess the ability to promote and build lasting client relationships by responding to client needs with a focus on customer service and satisfaction. In summary, I have the ability to communicate, facilitate and negotiate to achieve positive results and a "Win -Win' for all concerned. Communi /Economic Development During the past 35 years, my involvement includes community, economic and project development at the executive director and project manager level with public/public-private partnerships and private sector development requiring strong communication, coordination and organizational skills at all levels. I have developed an understanding of various business finance programs, regional cooperation and building private sector and intergovernmental relationships. This is important in facilitating new industry recruitment and existing business/industry retention and expansion. My most recent responsibilities in community development included City Administrator directed projects and supervising three departments- Planning/Zoning, Building Inspection and Code Enforcement- Work nforcement Work History (Related) City of Canon City -Canon City, Colorado Fremont Economic Development Corporation -Canon City, Colorado Lake County Board of County Commissioners (Industrial Park) -Tavares, Florida Economic Development Commission of Mid -Florida -Orlando, Florida American Revenue Corporation/Guardian Development Corp. (Industrial Park) -Orlando, Florida Treasure Coast Private Industry Council -Port St. Lucie, Florida Indian River County Chamber of Commerce/Council of I00 -Vero Beach, Florida Hasco Development Corporation -North Palin Beach/Defray Beach, Florida Community Board/Committee Service (oast) Action 22 Board (22 Southeast Colorado County Consortium) Workforce Investment Board (4 Colorado County Consortium) Cornell Companies Community Relations Board -Canon City, Colorado Federal Bureau of Prisons Community Relations Committee, Florence, Colorado Fremont County Airport/Airport Industrial Park Advisory Committee -Fremont County, Colorado Holeim, Inc. Community Advisory Committee -Portland, Colorado Pueblo Community College Citizens Advisory Committee -Fremont County, Colorado Campus Sangre de Cristo Resource and. Conservation District Board -Pueblo, Colorado Southern Colorado Economic Development District Board (12 County Consortium) -Pueblo, Colorado Town of Sahuarita, Arizona Volunteer Assistant to the Economic Development Manager Green Valley/Sahuarita Arizona Chamber of Commerce Economic Development & Gov. Relation Committees Green Valley Coordinating Council -Planning & Architectural Committee -Green Valley, Arizona Metropolitan Pima Alliance Economic Development Committee -Tucson, Arizona Military Service U.S_ Navy (E -5) -Honorable Discharge Education Boulder High School -Boulder, Colorado (graduate) University of Central Florida -Orlando, Florida-B.A. Communications (Cum Laude) University of South Florida -Tampa, Florida -Basic Economic Development Course Syllabus/Certification U.S. Border Patrol (Tucson, Arizona Sector) Citizens Academy 174 Name:F� van Esposito INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Date: Full Name: van Esposito y� Email Address Istopollwars@gmail.com Street Address (No P.O. Boxes): 415 27th drive _i 6314043718 Work Phone: F � Cel! Phone: Home Phone: ^ _ _ _ How long have you been a resident of Indian River County?f4 years�M Are you a full or parttime resident? Check one: Full Time✓f Part T imej__J Please list current employer or business, If retired, please list any business experience that may be applicable to the committee. US Government Contractor Please list any licenses you presently hold: Certified Installer Please list any organization of which you are currently a member: dians for solar choice. Please list any other committees or boards you currently sit on: National Solar Advocates i Continued on next page 175 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE W] AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD a MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE f�l PLANNING & ZONING COMMISSION ❑� SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL IZI- TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL - COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY M VALUE ADJUSTMENT BOARD - MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print 176 March 13, 2018 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 2, 2018 SUBJECT: Requesting Board consideration to hold a public workshop to hear public opinion on the County's constitutional authority under Article VIII Section 5 of the Florida Constitution. FROM. Peter O'Bryan�, ti Commissioner, Distract 4 The Parkland tragedy has sparked considerable public discussion on the issue of gun control. I believe it is the responsibility of all levels of government; Federal, State and Local, to have open discussions with their constituents on this issue. The county has certain, limited constitutional authority to regulate sales of firearms within the county, and I would like the Board to hold a public workshop to hear from our citizens on whether the Board should exercise any of our constitutional rights in this area. Back-up included: Copy of Section 5 Article VIII Broward County ordinance Hillsborough County ordinance Thanks 177 Article Vllf CONSTITUTION OF THE STATE OF FLORIDA be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are transferred to anoth- er office. When not otherwise provided by county charter or special law approved by vote of the electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds. (e) COMMISSIONERS. Except when otherwise provided by county charter, the governing body of each county shall be a board of county commissioners com- posed of five or seven members serving staggered terms of four years. After each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each district shall be elected as provided by law. (f) NON -CHARTER GOVERNMENT. Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordi- nance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such con- flict. (g) CHARTER GOVERNMENT. Counties operat- ing under county charters shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with gen- eral law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordi- nances. (h) TAXES; LIMITATION. Property situate within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas. (i) COUNTY ORDINANCES. Each county ordi- nance shall be filed with the custodian of state records and shall become effective at such time thereafter as is provided by general law. (j) VIOLATION OF ORDINANCES. Persons vio- lating county ordinances shall be prosecuted and pun- ished as provided by law. (k) COUNTY SEAT. in every county there shall be a county seat at which shall be located the principal offices and permanent records of all county officers. The county seat may not be moved except as provided by general law. Branch offices for the conduct of county business may be established elsewhere in the county by resolution of the governing body of the county in the manner prescribed by law. No instrument shall be deemed recorded until filed at the county seat, or a branch office designated by the governing body of the county for the recording of instruments, according to law. History.—Am H.J R. 1907 1973, adopted 1974, Am. H.J R 452 1984. adopted 1984: Am HJ R 125. 1998 adopted 1998, Am proposed by Constitution Revision Commission Revision No 8 1998 filed with the Secretary of State May 5. 1998 adopted 1998 30 Article VIII SECTION 2. Municipalities.— (a) ESTABLISHMENT. Municipalities may be established or abolished and their charters amended pursuant to general or special law. When any municipal- ity is abolished, provision shall be made for the protec- tion of its creditors. (b) POWERS. Municipalities shall have govern- mental, corporate and proprietary powers to enable them to conduct municipal government, perform munici- pal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Each municipal legislative body shall be elective. (c) ANNEXATION. Municipal annexation of unin- corporated territory, merger of municipalities, and exer- cise of extra -territorial powers by municipalities shall be as provided by general or special law. SECTION 3. Consolidation.—The government of a county and the government of one or more municipal- ities located therein may be consolidated into a single government which may exercise any and all powers of the county and the several municipalities. The consolida- tion plan may be proposed only by special law, which shall become effective if approved by vote of the electors of the county, or of the county and municipalities affect- ed, as may be provided in the plan. Consolidation shall not extend the territorial scope of taxation for the pay- ment of pre-existing debt except to areas whose resi- dents receive a benefit from the facility or service for which the indebtedness was incurred. SECTION 4. Transfer of powers.—By law or by resolution of the governing bodies of each of the gov- ernments affected, any function or power of a county, municipality or special district may be transferred to or contracted to be performed by another county, munici- pality or special district, after approval by vote of the electors of the transferor and approval by vote of the electors of the transferee, or as otherwise provided by law. SECTION 5. Local option.— (a) Local option on the legality or prohibition of the sale of intoxicating liquors, wines or beers shall be pre- served to each county. The status of a county with respect thereto shall be changed only by vote of the electors in a special election called upon the petition of twenty-five per cent of the electors of the county, and not sooner than two years after an earlier election on the same question. Where legal, the sale of intoxicating liquors, wines and beers shall be regulated by law. (b) Each county shall have the authority to require a criminal history records check and a 3 to 5 -day waiting period, excluding weekends and legal holidays, in con- nection with the sale of any firearm occurring within such county. For purposes of this subsection, the term "sale" means the transfer of money or other valuable consider- ation for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons permit as 178 Article Vill _ _ CONSTITUTION OF THE STATE OF FLORIDA prescribed by general law shall not be subject to the pro- visions of this subsection when purchasing a firearm. History.—Am. proposed by Constitution Revision Commission, Revision No 12, 1998, filed with the Secretary of State May 5. 1998: adooted 1998 SECTION 6. Schedule to Article VIII.— (a) This article shall replace all of Article VIII of the Constitution of 1885, as amended, except those sections expressly retained and made a part of this article by ref- erence. (b) COUNTIES; COUNTY SEATS; MUNICIPALI- TIES; DISTRICTS. The status of the following items as they exist on the date this article becomes effective is recognized and shall be continued until changed in accordance with law: the counties of the state; their sta- tus with respect to the legality of the sale of intoxicating liquors, wines and beers: the method of selection of county officers; the performance of municipal functions by county officers; the county seats; and the municipali- ties and special districts of the state, their powers, juris- diction and government. (c) OFFICERS TO CONTINUE IN OFFICE. Every person holding office when this article becomes effective shall continue in office for the remainder of the term if that office is not abolished. If the office is abolished the incumbent shall be paid adequate compensation, to be fixed by law, for the loss of emoluments for the remain- der of the term. (d) ORDINANCES. Local laws relating only to unincorporated areas of a county on the effective date of this article may be amended or repealed by county ordi- nance. (e) CONSOLIDATION AND HOME RULE. Article Vill, Sections '9, 210, '11 and °24, of the Constitution of 1885, as amended, shall remain in full force and effect as to each county affected, as if this article had not been adopted, until that county shall expressly adopt a charter or home rule plan pursuant to this article. All provisions of the Metropolitan Dade County Home Rule Charter, heretofore or hereafter adopted by the electors of Dade County pursuant to Article Vill, Section 11, of the Constitution of 1885, as amended, shall be valid, and any amendments to such charter shall be valid; provided that the said provisions of such charter and the said amendments thereto are authorized under said 3Article VIII, Section 11, of the Constitution of 1885, as amend- ed. (f) DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To the extent not inconsis- tent with the powers of existing municipalities or general law, the Metropolitan Government of Dade County may exercise all the powers conferred now or hereafter by general law upon municipalities. (g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature shall have power, by joint reso- lution, to delete from this article any subsection of this Section 6, including this subsection, when all events to which the subsection to be deleted is or could become applicable have occurred. A legislative determination of fact made as a basis for application of this subsection shall be subject to judicial review. 31 Article Vill Note.—Section 9 of Art Vill Of the Constitution of 1885 as amended reads as follows SECTION 9 Legislative power over city of Jacksonville and Duval County. ---The Legislature shall have power to establish, after or abolish, a Municipal corporation to be known as the City of Jacksonville, extending territorially throughout the present lim- its of Duval County, in the place of any or ail county, distnct, municipal and local gov- ernments, boards, bodies and officers, constitutional or statutory, legislative, executive judicial or administrative and shall prescribe the jurisdiction, powers. duties and func- tions of such municipal corporation, Is legislative, executive, judicial and administrative departments and its boards. bodies and officers, to divide the territory included in such municipality into subordinate districts, and to prescribe a lust and reasonable system of taxation for such municipality and districts: and to fix the liability of such municipali- ty and districts. Bonded and other indebtedness, existing at the time of the establish- ment of such municipality, shall be enforceable only against property theretofore tax- able therefor The Legislature shall, from time to time, determine what portion of said municipality is a rural area, and a homestead in such rural area shall not be limited as if in a city or town Such municipality may exercise all the powers of a municipal cor- poration and shall also be recognized as one of the legal political divisions of the State with the duties and obligations of a county and shall be entitled to all the powers, rights and privileges. including representation in the State Legislature which would accrue to it if it were a county All property of Duval County and of the municipalities in said county shall vest r such muniapai corporation when established as herein provided The offices of Clerk of the Circuit Court and Sheriff shall not be abolished but the Legislature may prescribe the time when. and the method by which, such offices shall be filled and the compensation to be paid to such officers and may vest in them addr ticnal powers and duties. No county office shall be abolished or consolidated with another office without making provision ter the performance of all State duties now or hereafter prescribed by law to be performed by such County officer Nothing contained herein shall affect Section 20 of Article III of the Constr ioe of the State of Florida except as to such provisions therein as relate to regulating the wrisdictior and duties of ary class of officers to summoning and empanelling grand and petit jurors, to assessing arid collecting taxes for county purposes and to regulating the fees and compensation of county officers No law authorizing the establishing or abolishing of such Municipal corporation pursuant to this Section, shall become operative or effec- tive until approved by a majority of the qualified electors participating in an election held in said County, but so long as such Municipal corporation exists under this Sectior the Legislature may amend or extend the law authorizing the same without referen- dum to the qualified voters unless the Legislative act providing for such amendment or extension shall provide for such referendum. History.—Added. S J.R 113 1933: adopted 1934 'Note --Section 10 Art VIII of the Constitution of 1885, as amended reads as fob lows SECTION 10 Legislative power over city of Key West and Monroe county.—The Legislature shall have power to establish. alter or abolish, a Municipal corporation to be known as the City of Key West extending territorially throughout the present limits of Monroe County, in the place of any or all county, district. municipal and local gov- ernments boards bodies and officers, constitutional or statutory, legislative, executive, judicial, or administrative, and shall prescribe the jurisdiction, powers, duties and lunc- fions of such municipal corporation, its legislative. executive, judicial and administrative departments and its boards, bodies and officers, to divide the territory included in such municipality, into subordinate districts, and to prescribe a just and reasonable system of taxation for such municipality and districts, and to fix the liability of such municipals ry and districts Bonded and other indebtedness. existing at the time of the establish- ment of such municipality shall be enforceable only against property theretofore tax- able therefor. The Legislature shallfrom time to time, determine what porton of said municipalitys a rural area, and a homestead in such rural area shall not be limited as d in a city or town. Such municipality may exercise all the powers of a municipal cor- poration and shall also be recognized as one of the legal political divisions of the State with the duties and obligations of a county and shall be entitled to all the powers, rights and privileges, ncluding representation in the State Legislature which '.would accrue to a if it were a county All property of Monroe County and of the municipality in said county shall vest in such municipal corporation when established as herein provded The offices of Clerk of the Circuit Court and Sheriff shall not be abolished but the Legislature may prescribe the time whenand the method by which, such oilzes shalt be filled and the compensation to be paid to such officers and may vest in them addi- tional powers and duties No county office shall be abolished or consolidated with another office without making provision for the performance of all State duties now or hereafter prescribed by law to be performed by such county officer Nothing contained herein shall affect Section 20 of Article III of the Constitution of the State of Flerida except as to such provisions therein as elate to regulating the jurisdiction and duties of any class of officersto summoning and impaneling grand and petit juriesto assessing and collecting taxes for county purposes and to regulating the fees and compensation of county officers No law authorizing the establishing or abolishing of such Municipal corporation pursuant to this Section shall become operative or effec- live until approved by a majority of the qualified electors paMc gating in an election held in said County but so long as such Municipal corporation exists under this Section the Legislature may amend or extend the law authorizirg the same without referen- dum to the qualified voters un'ess the Legislative Act providing for such amendment or extension shall provide for such referendum History.—Added, S SR 429 1935. adopted 1938 'Note. Section 11 cf Art VIII of the Constitution of 1885 as amended reads as follows SECTION 11 Dade County. acme rule charter. --i 1 j The electors of Dade County Plonda, are granted power to adoptrevise, and amend from time to lime a 179 ARTICLE VI. - FIREARMS, FIVE-DAY WAITING PERIODN' Footnotes: --- (6) --- Sec. 18-96. - Waiting period; prohibition. There shall be a mandatory five-day waiting period, which shall be five days, excluding weekends and legal holidays, in connection with the sale of firearms occurring within Broward County when the sale is a transfer of money or other valuable consideration, and any part of the sale transaction is conducted on property to which the public has the right of access. Some examples of properties to which the public has a right of access are gun shows, firearm exhibits, wholesale and retail stores, and flea markets. No person shall transfer or receive a firearm to or from another person for five days from the hour of such sale, excluding weekends and legal holidays, when the sale is a transfer of money or other valuable consideration, and any part of the sale transaction is conducted on property to which the public has the right of access. An uninterrupted, continuous, and cumulative aggregate of 120 hours must elapse between such sale and receipt of the firearm, excluding the hours of weekends and legal holidays. A person who violates the prohibition of this Section is guilty of a violation of a county ordinance, punishable as provided in § 125 69, F.S. and the violation shall be prosecuted in the same manner as misdemeanors are prosecuted (Ord. No. 1998-4-5, § 1, 12-8-98) Sec. 18-97. - Criminal history records check; requirement; prohibition. (a) Legislative intent. It is the intent of the Board of County Commissioners, in the exercise of its constitutionally -granted authority, to ensure that no firearm is sold, offered for sale, or transferred where any part of the transaction is conducted on property to which the public has a right of access unless a national criminal history background check is conducted. As of the dates of the enactment and effectiveness of this Ordinance, Florida statutory law only allows such checks to be performed for and by licensed dealers, licensed importers, and licensed manufacturers. Therefore, a buyer or seller who is not otherwise a licensed dealer, licensed importer, or licensed manufacturer must use a licensed dealer, licensed importer, or licensed manufacturer as an intermediary to ensure such checks are conducted. (b) Requirement, prohibition. There shall be a mandatory national criminal history records check done in connection with the sale of firearms occurring within Broward County. No person shall transfer or receive a firearm when any part of the sale transaction is conducted on property to which the public has the right of access until all procedures and requirements of § 790.065, F.S. have been complied with by a person statutorily authorized to conduct background information checks, and an approval number has been obtained and documented, as provided by § 790.065, F.S. In case of repeal or amendment of § 790.065, F.S., no person shall transfer or receive a firearm by sale when any part of the sale transaction is conducted on property to which the public has the right of access until all procedures, requirements, and prohibitions set forth in other federal or state laws relating to background checks have been complied with by persons selling or buying firearms. A person who 180 violates the prohibition of this Section is guilty of a violation of a county ordinance, punishable as provided in § 125.69, F.S. and the violation shall be prosecuted in the same manner as misdemeanors are prosecuted. (Ord. No. 1998-4-5, § 2, 12-8-98) Sec. 18-98. - Non -applicability to holders of Florida concealed weapon permits. Pursuant to the Florida Constitution, when purchasing a firearm, holders of a Florida concealed weapon permit or license, as prescribed by general law, shall not be subject to the prohibitions and penalties of this article. (Ord. No. 1998-45, § 3. 12-8-98) Sec. 18-99. - Penalty. Violation of a prohibition of this article shall be punishable by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Each violation of a prohibition of this article relating to a specific firearm shall constitute a separate and individual violation. Nothing contained herein shall be construed to preempt the imposition of higher penalties imposed by state or federal law. (Ord.'No. 1998-45, 5 4, 12-8-98) Secs. 18-100-18-110. - Reserved. 181 DIVISION 1. - GENERALLY Secs. 36-62-36-80. - Reserved. DIVISION 2. - FIREARMS PURCHASES Sec. 36-81. - Applicability. This division shall be of Countywide force and effect. (Ord. No. 09-60, § 1, 10-1-2009) Sec. 36-82. - Definitions. As used in this division: Antique firearm means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. Any part of the transaction means any part of the sales transaction, including but not limited to the offer of sale, negotiations, the agreement to sell, the transfer of consideration, or the transfer of the firearm. Buyer means the person or persons taking delivery of or transferring money or other valuable consideration for a firearm in any sale. Firearm means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device, or any machine gun. The term "firearm" includes rifles, shotguns and handguns. but does not include antique firearms. Additionally, the term "firearm" does not include nailguns, flareguns, bangsticks or other instruments not designed to be weapons. Handgun means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Law enforcement firearms buy-back program means a program conducted by an agency or department of sworn law enforcement officers whereby firearms are turned in pursuant to the program in exchange for some item(s) of value, which firearms will subsequently be destroyed or otherwise rendered inoperable. Law enforcement officer means: (1) A full-time law enforcement officer as defined in F.S. § 943.10(1) who holds an active law enforcement officer certification from the Criminal Justice Standards and Training Commission, and provides valid employment credentials from a law enforcement agency. (2) A part-time or auxiliary law enforcement officer as defined in F.S. § 943.10(6) and (8), who holds an active law enforcement officer certification from the Criminal Justice Standards and Training Commission and provides credentials demonstrating affiliation with a law enforcement agency (3) A full-time correctional officer as defined in F.S. § 943.10(2) who holds an active correctional officer certification from the Criminal Justice Standards and Training Commission and is employed by the Hillsborough County Sheriffs Office as a corrections or detention officer. 182 (4) A part-time or auxiliary correctional officer as defined in F.S. § 943.10(7) and (9), who holds an active correctional officer certification from the Criminal Justice Standards and Training Commission and is employed by the Hillsborough County Sheriffs Office as a reserve correctional or detention officer. Sale means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property in Hillsborough County, Florida to which the public has the right of access, except as provided in Section 36-86. Delivery of a firearm to a law enforcement firearms buy- back program shall not be deemed a sale for purposes of this division, regardless of whether money or other valuable consideration is exchanged for the firearm. Seller means the person or persons delivering a firearm in any sale. (Ord. No. 09-60, § _1 10-1-2009) Sec. 36-83. - Waiting period. Except as provided in Section 36-85 and 36-86, there shall be a mandatory three-day waiting period, which shall be three days excluding weekends and legal holidays, between the hour of sale and the hour of delivery of any firearm. No seller shall deliver any firearm to any person that is not a licensed firearm dealer, importer, or manufacturer and no buyer that is not a licensed firearm dealer, importer, or manufacturer shall take delivery of any firearm unless 72 hours have elapsed between the time of sale and the time of delivery of the firearm. (Ord. No. 09-60. § 3, 10-1-'009 Sec. 36-84. - Criminal history records check. (a) It is the intent of this section that a criminal history records check be conducted for every buyer that is not a licensed firearm dealer, importer, or manufacturer in connection with the sale of any firearm and that no firearm be delivered to any such buyer for whom a unique approval number, as referenced in F.S. § 790.065, has not been issued by the Florida Department of Law Enforcement in connection with a background records check for the sale of a firearm to that buyer, except as provided in Sections 36-85 and 36-86. As of the effective date of this division (October 1, 2009). State law allows only licensed firearm dealers, importers and manufacturers to utilize the Florida Department of Law Enforcement telephone background check referenced in F.S. § 790.065. Therefore, a seller who is not a licensed firearm dealer, importer or manufacturer may use a licensed firearm dealer, importer, or manufacturer as an intermediary or otherwise ensure that a criminal history records check is conducted in a manner consistent with the requirements and provisions of this division for every buyer that is not a licensed firearm dealer, importer or manufacturer in connection with the sale of any firearm. (b) Except as provided in Sections 36-85 and 36-86, no seller shall deliver any firearm to a buyer that is not a licensed firearm dealer, importer, or manufacturer until the seller conducts or causes to be conducted a criminal history records check of the buyer in connection with any sale of a firearm. Such criminal history records check shall comply with all procedures and requirements of F.S. § 790.065. (Ord. No. 09-60, § 4. 10-1-2009) Sec. 36-85. - Law enforcement officers and concealed firearms license holders. The requirements and provisions of Sections 36-83 and 36-84 are not applicable when the buyer of a firearm is a law enforcement officer as defined in Section 36-82, or is a holder of a license to carry concealed firearms issued by the Florida Department of Agriculture and Consumer Services pursuant to 183 F.S. § 790.06. If there is more than one buyer of a firearm, Sections 36-83 and 36-84 are applicable to each buyer who is not a law enforcement officer or a holder of a license to carry concealed firearms issued by the Florida Department of Agriculture and Consumer Services. (Ord. No. 09-60. 5 5, 10-1-2009) Sec. 36-86. - Exemption for certain firearm trade in. (a) A trade in of an operable rifle, shotgun or handgun for a rifle or a shotgun shall not be deemed a sale for purposes of this division and such transaction shall be exempt from the provisions of this division. (b) A trade in of an operable handgun for another handgun shall not be deemed a sale for purposes of this division and such transaction shall be exempt from the provisions of this division. (c) A trade in of a rifle or shotgun for a handgun shall not be exempt from the definition of a sale and shall be subject to the provisions of this division. (Ord. No. 09-60, § 6, 10-1-2009) Sec. 36-87. - Penalties. Any violation by any person of any requirement or provision of this division shall be prosecuted in the same manner as misdemeanors are prosecuted. Upon conviction, any person violating any requirement or provision of this division shall be punished by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed 60 days or by both such fine and imprisonment. (Ord. No. 09-60, § 7, 10-1-2009) Sec. 36-88. - Severability. If any section, sentence, clause, part, or provision of this division is held to be invalid by a court of competent jurisdiction, the remainder of this division shall not be affected thereby, but shall remain in full force and effect. (Ord. No. 09-60. 5 9, 10-1-20091) Secs. 36-89-36-119. - Reserved. 14. 1�. i Resolution of the Democratic Executive Committee of Indian River County Florida Supporting Common Sense Gun Control WHEREAS, although the right of the people to bear arms under the Second Amendment is unquestioned, it is also subject to reasonable regulation through appropriate legislation to protect public safety; and WHEREAS, this committee believes that it is irresponsible for legislators not to take reasonable action to reduce the epidemic of gun violence that uniquely afflicts our nation on a regular basis, including: the largest mass shooting in modern U.S. history, at the Route 91 Harvest Festival, in Las Vegas, NV; the 2016 mass shooting at the Pulse Club in Orlando, FL; and the 2012 mass shooting of children on at Sandy Hook Elementary School, Newtown CT; and WHEREAS, these shootings are emblematic of the types of gun violence that could be stopped or at least lessened if certain actions were taken by our state and federal legislators; THEREFORE, BE IT RESOLVED BY THE DEMOCRATIC EXECUTIVE COMMITTEE OF INDIAN RIVER: SECTION 1 The Democratic Executive Committee of Indian River County is committed to the long-term goal of reducing gun violence. SECTION 2. The Democratic Executive Committee of Indian River County does hereby support both federal and state legislative initiatives to: a. Ban the sale of military -style assault weapons; armor -piercing ammunition; high-capacity magazines or clips that can hold more than 10 bullets at a time; and sale of products intended to allow the conversion of guns to fully automatic functionality, such as bump stocks; and, b. Require all firearms buyers to be properly trained and to pass a stringent background check, regardless of how, where and from whom the weapon is purchased; and, c. Rescind all existing restrictions on the Bureau of Alcohol Tobacco and Firearms from using electronic means for record keeping relating to firearms and fully fund such functions; and, d. Keeping in mind the need to balance patient rights and public safety, save harmless health care professionals from liability if they choose to report to the government the identity of a patient whom the professional has concluded may pose a danger to themselves or others. Adopted this day of This resolution will take effect on the day of RESOLUTION SUPPORTING COMMON SENSE GUN CONTROL WHEREAS, the largest mass shooting in modern U.S. history occurred on Sunday, June 12, 2016 at the LGBT Pulse Club in Orlando, Florida, partially due to lax gun laws that permit the purchase and ownership of automatic assault weapons, the purpose of which is to kill many people quickly; WHEREAS, the shooter was known to the FBI and could have been stopped if there were more stringent universal background checks and watch list tracking of dangerous persons to include terrorist suspects with state -to -state and federal -to -state database information sharing, using a 10 -day wait period to complete the sale of weapons; WHEREAS, the shooter was a domestic violence offender and Florida law does not ban the sale and ownership of weapons and ammunitions to domestic violence offenders and those with mental health concerns; WHEREAS, there are inconsistencies in the sale of guns and ammunition at gun shows and gun stores concerning licensing and ownership; THEREFORE, BE IT RESOLVED that the Democratic Women's Club of Florida demands that state legislators create a task force on gun violence research and implement immediate legislation for common sense gun safety to prevent future mass shootings and harmful gun incidents, and that such legislation protects the public while preserving individual rights; BE IT FURTHER RESOLVED that the Democratic Women's Club of Florida urges that legislation includes a ban on the purchase and use of automatic weapons, measures for mandatory training and licensing, bans on the sale of guns to domestic violence offenders, and elimination of the gun show loophole.