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HomeMy WebLinkAbout06/12/2018COUNTY 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 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JUNE 12,2018- - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Chaplain William Mead, Indian River Estates East 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating June 18th through June 24, 2018 as Amateur Radio Week 5.11. Presentation of Proclamation Designating the Week of June 24th - 30th, 2018, as Gay Pride Week 6. APPROVAL OF MINUTES 6.A. Regular Meeting of May 1, 2018 6.13. Regular Meeting of May 8, 2018 6.C. Regular Meeting of May 15, 2018 June 12, 2018 Page 1 of 5 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Florida Public Service Commission Order No. PSC -2018 -0270 -TRF -EI approving Duke Energy's revisions to specified rate schedules; revised tariffs shall be effective 5/8/18; if no protest, a CO shall be issued, and docket shall be closed; protest due 6/20/18. 7.B. Proclamation Honoring Thomas Shaw on His Retirement From Indian River County Board of County Commissioners Department of Public Works Road & Bridge Division with Fifteen Years of Service 8. CONSENT AGENDA 8.A. Checks and Electronic Payments May 25, 2018 to May 31, 2018 8.11. Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Gary Rust & Linda Rust - 6680 65th Street, Vero Beach, FL 32967 8.C. Forerunner Technologies Inc. - Proposal for EOL Upgrade of County PBX Network Systems 8.1). Award of Bid 2018057 - Annual Bid for Medical Supplies 8.E. Tourist Development Council 2018/2019 Budget Recommendations 8.F. Amendment No. 1 to Agreement for Professional Services with Bowman Consulting Group, Ltd. for 58th Avenue . Reclamation 57th Street to 85th Street (IRC -1325) 8.G. Approval of a Renewal Contracts for Basic Life, Voluntary Life, Voluntary Retiree Life, Voluntary Long -Term Disability with Mutual of Omaha and Dental Insurance with Ameritas 8.11. First Amendment to the Treasure Coast HOME Program Consortium Inter -local Agreement to Include Additional Jurisdictions. 8.I. Acceptance of Dedication of Lot 26, Block 15, Whispering Palms, Unit V 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Harmony Reserve, LLC's Request to Rezone Approximately 2.18 Acres from RS -3, Residential Single -Family (up to 3 units/acre) and RM -6 Residential Single -Family (up to 6 unit/acre), to PD, Planned Development Residential, and to Modify the Conceptual PD Plan Approval for the Project known as Harmony Reserve PD [PD -18-04-02 / 97080101-81067] (Quasi -Judicial) June 12, 2018 Page 2 of 5 10.A.2. Vero . 53 Landings, LLC's Request for Conceptual Site Plan and. Special Exception Use Approval for the CERTUS of Vero Beach Adult Congregate Living Facility (ACLF) [SP -SE -17-08-15 / 2016070073 -79431] (Quasi -Judicial) 10.A.3. CONTINUED FINAL PUBLIC HEARING: County Initiated Request to Amend (Update) the Text of the Sanitary Sewer Sub -Element for Septic to Sewer Conversion and the Associated Text of the Future Land Use Element of the County's Comprehensive Plan (Legislative) B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Scheduled Public Hearing- for June 19, 2018: First public hearing to consider applying for a FFY 2017 Small Cities Community . Development Block Grant (CDBG) in one or more eligible CDBG categories. (Administrative) 10.C.2. Notice of Scheduled Public Hearing for June 19, 2018: Henry Collier and William Anderson's Request for Abandonment of a Portion of 4th Street SW within the Waldo's Way Subdivision [ROWA-18-01-01 [ 93090035-80435] (Legislative) 10.C.3. Notice of Scheduled Public Hearing for June 19, 2018: Amendment to Indian River Code Creating Chapter 318 Stormwater Discharge (Legislative) 11. COUNTY ADMINISTRATOR MATTERS 11.A. City of Sebastian Fire Marshal 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Consideration to Approve an Agreement with RedevGroup, Inc. to Release a Conservation Easement on Indian River Mall Lot 5 in Exchange for Conveyance of Title to the County of Conservation Land at an Alternate Site and Establishing Certain Special Development Restrictions B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget June 12, 2018 Page 3 of 5 12.E.1. Government Finance Officers Association awarding Indian River. County GFOA's Distinguished Budget Presentation Award for the 2017-18 Budget F. Public Works 12.F.1. Unmaintained County Roadway Analysis G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Amendment 1 to Oyster Reef Project Grant 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Brvan, Chairman 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. Emergency Services District 15.A.1. Approval of Minutes Meeting of March 20, 2018 15.A.2. Approval of Minutes Meeting of April 3, 2018 15.A.3. Authorization for Final Payment to Barth Construction, Inc. for the Construction of Fire -Rescue Station # 14 (6780 26th Street) B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT June 12, 2018 Page 4 of 5 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00p. m. June 12, 2018 Page 5 of 5 �� PROCLAMATION DESIGNATING JUNE 18TH THROUGH JUNE 24TH, 2018 AS AMATEUR RADIO WEEK WHEREAS, Indian River County is home to a highly experienced group of licensed radio amateurs; and, the Amateur Radio Emergency Service of Indian River County provided valuable communication assistance to five emergency shelters, two area hospitals, and the Humane Society during Hurricane Irma in September of 2017; and, WHEREAS, Indian River County recognizes and appreciates the diligence of these "hams" who also serve as weather spotters in the Skywarn program of the National Weather Service; and, these radio amateurs are always on alert for tornadoes, floods, tropical cyclones, or any other local emergency, and use their communications skills to assist local and state government officials; and, WHEREAS, Indian River County radio amateurs generously donate their time and equipment to provide communications support to local service clubs, organizations, and charities; and, WHEREAS, the Vero Beach Amateur Radio Club has been designated a SPECIAL SERVICE CLUB by the American Radio Relay League for always going above and beyond the service requests from the local community; and, WHEREAS, members of the Vero Beach Amateur Radio Club will continue to improve their communications skills by operating during the twenty-four hour emergency simulation known as 'Field Day' on June 23-24, 2018. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that June 18th through June 24th, 2018, be designated as AMATEUR RADIO WEEK in Indian River County, and the Board calls this observance to the attention of all our citizens. Adopted this 12th day of June, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Susan Adams Joseph E. Flescher Tim Zorc 1 66 PROCLAMATION DESIGNATING THE WEEK OF JUNE 24th -30th, 2018, AS GAY PRIDE WEEK WHEREAS, Amendment One Activists, Inc. ("AIIX), a not-for-profit corporation organized under the laws of the State of Florida has its principal place of business in Indian River County; and, WHEREAS, many lesbian, gay, bisexual, transgender and other like -kind individuals ("LGBT+") reside in Indian River County; and, WHEREAS, A1A facilitated Vero Beach's first-ever gay pride celebration in 2017, which benefited the Indian River County LGBT+ community and its allies by providing an evening of visible acknowledgement and support; and, WHEREAS, A1A proudly is preparing for this year's pride celebration - Vero Pride 2018 - and seeks to continue such tradition yearly to bring together members of the LGBT+ community, their friends, families, and allies in celebration and support of the unique spirit and culture of the LGBT+ community in Indian River County. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week June 24th -30th, 2018, be designated as Gay Pride Week in Indian River County and. the Board encourages all citizens ,to participate in pride celebration events during said week. Adopted this 12th day of June, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Susan Adams Joseph E. Flescher Tim Zorc Z FILED 5/30/201,8 DOCUMENT Na 0395.1-2018 TFPSC COMMISSION CLERK- rit, Ib, I�� BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of modifications to DOCKET NO. 20180089 -El rate schedule LS -1, lighting service and for ORDER NO. PSC -2018 -0270 -TRF -EI approval of revisions to lighting service ISSUED: May 30, 2018 contract, by Duke Energy Florida, LLC. The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY ORDER APPROVING REVISIONS TO SPECIFIED RATE SCHEDULES BY THE COMMISSION: Background On April 4, 2018, Duke Energy Florida, LLC (DEF or utility) filed a petition for approval of modifications to its Lighting Service (LS -1) rate schedule and lighting service contract. The LS -1 tariff is applicable to any customer for the sole purpose of lighting roadways or other outdoor areas. The tariffs, in legislative format and as approved here, are shown in Attachment A to this order. The proposed revisions are designed to update and clarify certain provisions of the LS -1 tariff, none of the rates and charges LS -1 customers currently pay are being modified. We have jurisdiction over this matter pursuant to Section 366.06, Florida Statutes. Decision DEF's proposed revisions to its LS -1 rate schedule (Tariff Sheet Nos. 6.283 and 6.284) and lighting service contract (Tariff Sheet Nos. 7.110, 7.111, 7.112, and 7.113) are attached. The revisions are discussed below. Each fixture shown in the LS -1 tariff indicates the lamp wattage (i.e., the amount of energy a lamp uses). DEF proposes to add language to indicate that actual wattages may vary up to five watts from the wattage shown in the tariff. DEF explained that the newer LED fixtures are more energy efficient in that they have equivalent lumen output with lower wattages compared to previous generation LED fixtures. Adding this language allows DEF to purchase more efficient products without having to update the LS -1 tariff to revise the wattages. ORDER NO. PSC -2018 -0270 -TRF -EI DOCKET NO. 20180089 -EI PAGE 2 A lighting customer is required to pay a contribution in aid of construction (CIAC) when DEF extends its distribution facilities to provide lighting service. Currently, the CIAC is collected as a one-time payment. As an alternative to the one-time CIAC payment, DEF is proposing to allow customers to pay the CIAC amount as a monthly fee added to the bill. The monthly fee would apply as long as the customer takes service under the LS -1 tariff and is calculated as a percentage of the CIAC amount. The new language does not prohibit a customer from paying the total CIAC amount in a single payment. In addition, DEF proposes tariff modifications to state that customers must notify the utility before installing customer -owned receptacles such as holiday lights. The added language helps the utility track the receptacles to manage electric load and to appropriately bill for energy consumption. The proposed tariff is also revised to remove the language which states that the utility may consider installing and maintaining customer -owned systems. DEF states that, as a business practice, it will no longer consider such requests for customer -owned systems. Additionally, new language is included to clarify the pole replacement process making it consistent with the process currently used for replacing obsolete lighting fixtures. The proposed revisions to the lighting service contract align it with proposed revisions to the LS -1 tariffs discussed above, remove language that is no longer necessary, and revise the utility's name to reflect Duke Energy Florida, LLC. Conclusion We have reviewed DEF's petition and we find that the proposed changes to the LS -1 rate schedule and lighting service contract are reasonable and appropriate. Therefore, DEF's proposed changes to the LS -I rate schedule and lighting service contract, as shown in Attachment A, are approved. The revised tariffs shall be effective May 8, 2018. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the proposed changes to Duke Energy Florida, LLC's LS -1 rate schedule and lighting service contract as shown in Attachment A are approved. The revised tariffs shall be effective May 8, 2018. It is further ORDERED that if a protest is filed within 21 days of the issuance of the order, the tariffs shall remain in effect, with any revenues held subject to refund, pending resolution of the protest. It is further ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance of a consummating order. ORDER NO. PSC -2018 -0270 -TRF -El DOCKET NO. 201,80089-E1 PAGE 3 KMS By ORDER.of the Florida Public Service Commission this 30th day of May, 2018. CARLOTTA S. STAOFFER Commission Clerk .Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, it'applicable, interested persons. ORDER NO. PSC -2018 -0270 -TRF -EI DOCKET NO. 20180089 -El PAGE 4 NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The Commission's decision on this tariff is interim in nature and will become final, unless a person whose substantial interests are affected by the proposed action files a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on June 20, 2018. In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2018 -0270 -TRF -EI DOCKET NO. 20180089 -El PAGE 5 s Attachment A Page 1 of 6 SECTION NO. VI AIIW=ELEVENTH REVISED SHEET NO, 6.283 CANCELS i44H-TENTH REVISED SHEET NO. 6.283 Pago 5 of 6 III, Additional Facilities BILLING TYPE RATE SCHEDULE LS -1 LIGHTING SERVICE (Continued from Page No. 4) Eloctricat Polo Receptacle 401 Single $3,00 per unit 402 Double $3.90 per unit Notes to Per Unit,Charges: (1) Restricted to existing installations. (2) Lumens output may vary with lamp figuration and age. Wattage ratings do not include ballast losses. Actual wattage may vary up to +/-8 watts. (3) Shown for information only. Energy charges are billed by applying the foregoing energy and demand charges to the total monthly kWh. (4) Electric use permitted only during the period of October through January, only on poles designated by the Company.. Energy charged separately. Customers must notify ComDgnv of installation of cuslomerowned reoeotactes prior to 2& inctaliallon {9) Special applications only: Additional Charges: Fuel Cost Recovery Factor: See Sheet No, 6.109 Asset Securitization Charge Factor; See Sheet No, 6.109 Gross Receipts Tax Factor: See Sheet No. 6.106 Right --Way Utilization Fee: W See Sheet No. 6.106 Municipal Tax: See Sheet No. 6.106 Sales Tlx: See Sheet No. 6.106 MinimumMonthly BILI: The.minimum monthly bill shall be the sumof the'CUSIOMer Charge and appiieable Fixture, Maintenance and Pole Charges. Terms of Payment: Bills rendered hereunder are payable 'within the time limit specified on bill at Company -designated locations. Terms of Service: Service under this rate schedule shall be for a. minimum initial term of ten (10) years from the commencement of service and shall under this schedule, the customer shall. pay an ami unt equal to the remaining monthly lease amount f Charges tend removal contract service continue thereafter until terminated b either a b written notice sixty 60 da nor to termination. Upon earl termination SQegjpI Including cost of the facilitles. Special Provisions: t The customer shall execute a contract on the Company's standard hied contract form for service under this rete schedule. Where'the Company provides a fixture or pole type other than those listed above, the monthly charges, as applicable gall be computed as follow& i. Fixture. (a) Fixture Charge! 1.69% of the Company's average installed cost. (b) Maintenance Charge: The Companys estimated cost of maintaining fixture. 11. Pole Pole Charge: 1.82% of installed cost, 3. The customer shall beresponsible for the cost incurred to repair or replace any fixture or pole wtilch has-been willfully dam aged. The Company shall not be required to make such repair or replacement prior to payment by the customer for damage. 4 Maintenance Service for customer -owned fixtures at charges stated hereunder shall be restricted to fixtures being maintained as of November 1. 1992. Fct-adds fuer owned fiMvra Fffled 19F the RW6IiG.-' (Continued on Page. No. 6) ISSUEDBY: Javier J. Portuondo. Managing Director Rates & Regulatory Strategy — FL EFFECTIVE:, APF111148,r2016 2.5 ORDER NO. PSC -2018 -0270 -TRF -EI DOCKET NO. 20180089 -El PAGE 6 DUKE ENERGY. Attachment A Page 2 of 6 SECTION NO. V1 E3F H SIXTH REVISED SHEET NO. 6.284 CANCELS FOURTH IFTH REVISED SHEET NO. 6.294 RATE SCHEDULE LS -1 LIGHTING SERVICE (Continued from Page No. 5) Page.B of 8 Special Provisions: (Continued) 6,. kWh consumption for Company-owned fixtures shall be estimated In lieu of installing meters. kWh estimates will be made using the following'tormula: kWh = Unit Wattage (including ballast losses) x 350 hours per month 1,000 6. kWh consumption for dustomer-owned fixtures shall be metered. Installation of customer -owned lighting facilities shall be provided for by the customer: Any costs incurred by the Company to provide for.consdidation of existing lighting facilities f6rthe'purpose of metering shall be at the customersexpense. 7, No Pole Charge shalt be applicable for a fixture Installed on a company-owned pole which is utilized for other general electrical distribution purposes. 8, The Company will repair or replace malfunctioning lighting fixtures maintained by the Company in accordance with Section 768.1382, Florida Statutes (2005). 9. For a fixture type.andlor ode type restricted to existing installations and requiring major renovation or replacement. the fixture and/or pole shall be replaced by an available slmDar non -restricted fixture and/or pole of i rig -and the customer shall commence being billed,:al .its appropriate rate. Where the customer requests the Continued use of the same fixture type and/or pole type for appearance reasons, the Company will attempt to provide such fixture andtor pole and the customer shall commence being billed .eta rate delormihed in accordance with Spode! Provision NO. 2 for the test of the renovated or replaced fixlUre'andtdr poi@; 10. The customer will be respons ble for trimming trees and other' vegetation that obstruct the light output from fixture(s) or maintenance access to the faciliti as. 11. After December 31, 1998, all new leased fighting shall be installed on poles owned by the Company. 12. Alterations to leased lighting facilities requested by the customer after date of installation (i.e, redirect, install shields, etc.), will be billed to the customer in accordance with the Comparlys policy related to Wolk Performed forthe Public". 13. Service for street or area lighting is normally provided from existing distribution facilities. Where suitable distr button facilities do.notexist, it will be the customer's responabillty to pay for necessary additional facilities. Refer to Section 111, paragraph 3.01 of the Company's General Rules and Regulatlons Governing Electric Service to determine the IAC owed by the. customer. 14. Requests for exch",rig facilities, upgrades, relocations, removals etc. are subject to Section 111. paragraph 3:05: of the Comparys General Rutes,and Regulations Governing Electric Service, 16. For available LEDs, the customer may opt to make an initial, one-time Contribution in Aid of Construction payment of 601A of the installed cost of fixtures rated greater than 200 Watts and/or poles other than standard wood poles; to reduce the Company's installed cost, If a customer chooses this option, the monthly fixture and/or pole charge shall be computed as the reduced installed cost times the corresponding monthly percentage In.2a.(a).andlor 2.11 above. 16 As alternative to maklno an initial one-time CIRC payment to extend distribution facilities to render Ilahtrin service as referenced in uSdecial PMdslon No 13 the customermav elect to pay mon Iv'/ee of't 59°h of the calculated CIAG amount ISSUED BY: Javier J., Portuondo, Managing Director Rates & Regulatory Strategy— FL EFFECTIVE: JAnuaitivy 2646 2-(v ORDER NO. PSC -2018 -0270 -TRF -EI DOCKET NO. 20180089 -El PAGE 7 DUKE ENERGY. Attachment A SECTION NO. VII SEVENTHSIX-TkI REVISED SHEET NO. 7A10 CANCELS SIXTHFirT-H REVISED SHEET NO. 7.110 Page 3 of 6 Page 1 of 4 LIGHTING SERVICE CONTRACT ACCOUNT NUMBER WORK ORDER NUMBER CUSTOMER NAME: SERVICE LOCA7lON(S):_ DEF CONTACT (Street' address, city/county, Company account number if established) This Lighting Service.Contract ("Contract") is: hereby entered into this _ _ _ day of _ 120-= between Duke Energy Florida, LL_Ckas- (hereinafter called the Company) and -(✓(hereinafter referred to as.the "Customer") for lighting service at the above location(s). The Customer agrees to receive and pay for lighting service from the Company In accordance. with the rates, terms, and provisions of the.Companys Rate Schedule LS -t, or its successor, as the same is on file with the Florida Public Service Commission (FPSC) and as may be amended and.subsequentlyfiled with the FPSC. To: the extent there is any conflict between this Contract and the. Lighting Service Rate Schedule, the Lighting Rate Schedule shall control,. The Customer further understands that service under this rate shall be for. an initial term of ten (10) years and shall continue hereafter until terminated by either party.upon written notice sixty (60) days prior to termination. The Company shall Install.the"following facilities (hereinafter called the Facilities): Fixture Type and Number Installed: Pole Type and Number Installed: Additional facilities: (Continued in Next Page) ISSUED. BY: Javier J. Portuondo,,Managin LMaA4q4trDIrector, Rates & Regulatory Strategy- FL Form LS -1 EFFECTIVE: April 20 2011 ORDER NO. PSC -201.8 -0270 -TRF -EI DOCKET NO. 20180089 -El PAGE 8 Attachment A Page 4 of 6 SECTION NO. VII SIXTHRFTH REVISED SHEET NO. 7.111 CANCELS EIFTHF4lVXT44 REVISED SHEET NO. 7.111 Rate per Months Page 2 of 4 The monthly charges consist of the items below. These charges may be adjusted subject to review and approval by the.Fiorida Public Service Commission. Customer Charge Polo Charge. Light Fixture Charge Light Fixture Maintenance Charge Energy and Demand Non -fuel Energy Charge. Plus the Cost Recovery Factors listed in Rate Schedule BA -1, Billing Adjustments except the Fuel Cost Recovery Factor and Asset Securitization Charge Factor. See Sheet No. 6.105 and 6.106 Fuel Cost Recovery Factor •`: See Sheet No. 6.105 Asset Securitization Charge Factor. See Sheet No. 6.105 "Charges are normally revised on an annual basis. Additional Charges: Certain additional charges may also apply to the installation. Gross Receipts Tax Factor. See Sheet No. 6.106 Right;of-Way Utilizatlon Fees: See Sheet No. 6.106 Municipal Tax: See Sheet No. 6.106 Sales Tax: See Sheet No. 6.106 THE CUSTOMER AGREES: 1, To purchase from the Company all ofthe electric energy used for the operation of the Lighting System, 2. To be responsible for paying, when due, all bills rendered by the Company pursuant to the Company's currently effective Lighting Rate Schedule LS -1, or its successor, for facilities and service provided in accordance with this Contract. 3, To be responsible for trimming trees that may either obstruct the light output from fixture(s) or that obstruct maintenance access to the facilities. 1T IS MUTUALLY AGREED THAT: 4. Requests for exchanging facilities, upgrades, relocations, etc. are subject to Section III, paragraph 3.05, of the Company's General Rules and Regulations Governing Electric Service. 5, The Company does not guarantee continuous lighting service and will not be liable for damages for any interruption, deficiency or failure of service, and reserves the right to Interrupt service at any time for necessary repairs to lines or equipment. Nothing in this Contract is intended to benefit any third party or to impose any obligation on the Company to any succi third party. 6. Installation shall be made only when, in the judgment of the Company, the location and the type of the facilities are, and will continue to be, easily and economically accessible to the Company's equipment and personnel for both construction and maintenance, in the event the Customer or its contractor, subcontractor or other agent changes the grading,.. which requires _the.Company to move its facilities or otherwise incur costs to ensure compliance with applicable code requirements, Customer shall compensate the Company for all such costs incurred by the Company to comply with any applicable code requirements. In the event Customer fails to pay the Company within 30 days of the completion of such work, Customer shall pay the Company any amounts owing the Company,. including interest and any attorneys and other fees and costs the Company incurs to collect any amounts owed to tate Company. 7, Modification of the facilities provided by the Company under this Contract may only be made through the execution of a.written amendment to this Contract. ISSUED BY: Javier J. Portuondo, Manaaina,4UnagwDirector, Rates & Regulatory Strategy — FL Form LS -1 EFFECTIVE: ApciL39, 016 ORDER NO. PSC -201.8 -0270 -TRF -EI DOCKET NO. 20180089 -EI PAGE 9 DUDE ENERGY. Attachment A Page 5 of 6 SECTION NO. VII FIFTH -$t C�JjI _REVISED SHEET NO. 7.112 CANCELS €OURX#FIFTH REVISED LSHEET NO. 7.112 Page 3 of 4 8. The Company will, at the request of the Customer, relocate the lighting facilities covered by this Agreement, if provided sufficient rights-of-way or easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer -requested relocation of the Company's lighting facilities. 9. The Company may, at any time, substitute for any luminaireilamp installed hereunder another luminaire/lamp which shall be,of at least equal illuminating capacity and efficiency. 40. The Customer agrees to take 'responsibility for the cost incurred to repairor replace any fixture or pole which has been willfully damaged, The Company shall not be required to make such repair or replacement prior to payment by Customer for damage. 11. The Company will repair or replace malfunctioning lighting fixtures maintained by the Company in accordance with Section 768.1382, Florida Statutes (2005). 12. This Contract shalt be for a term of ten (10) years from the date of initiation of service. The date of initiation of service shall be defined as the date the first lights are energized; At the end ofthe term at raepdi;e, a new GentFa wed. 13. Should the Customer fail to pay any bilis due and renderedpursuant to this Contract or otherwise fail to perform the obligations contained in this Contract, said obligations being material and going to the essence of this Contract, the Company may cease to supply electric energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Contract. Service charges associated with the reconnection of service after disconnection for nonpayment or violation of Company or Commission Rules may be assessed for each lighting. installation on an account. Any failure of the Company to exercise its rights hereunder shall not be a waiver of its rights. It is,understood; however, that such discontinuance of the supplying of electric energy or service shall not constitute a breach of this Contract by the Company, nor shall it relieve the Customer of the obligation to perform any ofthe terms and conditions ofthis Contract. 14, If.the Customer no longer wishes to-receive.service underthis schedule, the Customer may terminate the Contract by giving the Company at least, sixty (60) days advance written notice to the Company, Upon: early termination of service, the Customer shall pay an amount equal to the remaining monthly customer charges. remairiino Contribution in Aid o{ Construction ("CIA -"1. if 8=licable, and remaining pole and fixture lease amounts for the term of the contract. The Customer will be responsible for the cost of removing the facilities, 15. In the event of the sale of the real property upon which the facilities are installed, or if the Customer's obligations under this Contract are to be assigned to a third party, upon the written consent of the Company , this: Contract may be assigned by the Customer to the Purchaser or to the third party. No assignment shall relieve the Customer from its obligations hereunder until such obligations have been assumed by the Purchaser or third party and agreed to by Company. 16. This Contract supersedes all previous contracts or representations, either written, oral or otherwise between the Customer and the Company with respect to the facilities referenced herein and constitutes the entire Contract between the parties. This Contract does not create any rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by the Company to third parties. IT This Contract shall inure to the benefit of, and be binding upon the successors and assigns of:the Customer and the Company, 18. This Contract is subject to the Company's Tariff for Retail Service, or as they may be hereafter revised, amended or supplemented. In the event of any conflict between the terms of this Contract and the provisions of the Company's Tariff for Retail Services, the provisions of the Company's Tariff for Retail Service and FPSC Rules shall control, or as they maybe hereafter revised, amended or supplemented. in Next ISSUED BY: Javier J. Portuondo,11anaaina Director, Rates & Regulatory.Strategy— FL Form LS -1 EFFECTIVE: X943 ORDER NO. PSC -2018 -0270 -TRF -EI DOCKET NO. 20180089 -EI. PAGE 1.0 ( DUKE ]' ENERGY. Attachment A Page 6 of 6 SECTION NO. VII FOURT411-F. IFTH REVISED SHEET NO.7.113 CANCELS TMIR13 FOURTH REVISED SHEET NO. 7.113 Page 4 of 4 19. The obligation to furnish or.purchose .service shall be excused at any time that either party is prevented from complying with this Contract by strikes, lockouts, fires, riots, acts of God, the public enemy, governmental or court actions; lightning, hurricanes, storms, floods, inclement weather that necessitates extraordinary measures and expense to construct'facilities and/or maintain operations, or by any other cause or causes not under the control.of the party thus prevented from compliance, and the Company shall not have the obligation to furnish service.if it is prevented from, complying with this Contract by reason of any partial, temporary or entire shut -down of service which, in the,sole opinion of the Company, is reasonably necessary for the purpose of repairing or making more efficient all or any part of its generating, transmission, distribution or other electrical equipment. 20. In no event shall the Company, its parent corporation, affiliate corporations, officers, directors, employees, agents, and contractors or subcontractors be liable to the Customer, its employees, agents or representatives, forany incidental, indirect, special, consequential, exemplary, punitive ormultiple damages resulting from any claim or cause of action, whether brought in contract, tort (including, but not limited to, .negligence or strict liability), or any other legal theory. IN WITNESS WHEREOF, the parties hereby caused this Contract to be executed iii4fo4eate-by their duly authorized. representatives to be effective as of the day and year firstwritteri above. Charges and Terms Accepted: Customer (Print or type name of Organization) By: (Signature) (Print or type name) Titte: DUKE ENERGY FLORIDA, LC41r (Signature) (Print or type name) ISSUED.BY: JavierJ..Portuondo, Mananina.Director, Rates & Regulatory Strategy— FL Form LSA EFFECTIVE: April 29, 2913 ly� 7/5 PROCLAMATION HONORING THOMAS SHAW ON HIS RETIREMENT FROM INDL4NRIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD & BRIDGE DIVISION WHEREAS, Thomas Shaw has announced his retirement from the Road & Bridge Division and Indian River County Board of County Commissioners effective June 29, 2018, and WHEREAS, Thomas Shaw began his career with Indian River County Road & Bridge Division on May 12, 2003 as a Maintenance Worker and on November 21, 2003 he was promoted to Senior Maintenance Worker and served in this capacity until his retirement, and WHEREAS, Thomas Shaw has served this County and the Public with distinction and sefflessness. During his fifteen years of service, he was dedicated, and his work was greatly appreciated by his employer, citizens and co-workers alike, and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OFI7VDL4NRIVER COUNTY, FLORIDA, that the Board applauds the tremendous efforts of Thomas Shaw on behalf of this County, and the Board wishes to express their appreciation for his dedication and the exemplary service lie has given to Indian River County for the last fifteen years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in leis future endeavors. Acknowledged this 120, day of June 2018. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Peter D. 01 an, Clo rman JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 18012711 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR k THRU: JEFFREY R. SMITH, COMPTROLLER ` DATE: May 31, 2018 z SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 25, 2018 to May 31, 2018 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments 'issued by the Board of County Commissioners. are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of May 25, 2018 to May 31, 2018. 4 Iy 1 CHECKS WRITTEN TRANS NBR DATE VENDOR A120UNT 367763 05/25/2018 PAULCARONE 4,659.00 367764 05/25/2018 WILLIE C REAGAN 2,262.00 367765 05/25/2018 LARRY STALEY 588.00 367766 05/25/2018 PINNACLE GROVE LTD 2;331.00 367757 05/25/2018 VERO CLUB PARTNERS LTD 2,717.00 367768 05/25/2018 DAVID SPARKS 1,407.00 367769 05/25/2018 THE PALMS AT VERO BEACH 1,744.00 367770 05/25/2018 JOHN OLIVIERA 716.00 367771 05/25/2018 ARTHUR PRUETT 484.00 367772 05/25/2018 MICHAEL JAHOLKOWSKI 547.00 367773 05/25/2018 LUCY B HENDRICKS 661.00 367774 05/25/2018 ROBERT L BRACKETT 515.00 367775 05/25/2018 SYLVESTER MC INTOSH 365.00 367776 05/25/2018 PAULA WHIDDON 553.00 367777 05/25/2018 JAMES W DAVIS 372.00 367778 05/25/2018 NITA EZEL.L 609.00 367779 05/25/2018 MISS INC OF THE TREASURE COAST 2,174.00 367780 05/25/2018 DANIEL CORY MARTIN 41049.00 367781 05/25/2018 FIVE STAR PROPERTY HOLDING LLC 847.00 367782 05/25/2018 MARK BAER 3,837.00 367783 05/25/2018 JUAN CHAVES 700.00 367784 05/25/201.8 REID REALTY 656.00 367785 05/25/2018 MELISSACAMARATA 838.00 367786 05/25/2018 FOUNDATION FOR AFFORDABLE RENTAL 767.00 367787 05/25/2018 INDIANTOWN NON-PROFIT HOUSING INC 670.00 367788 05/25/2018 AUGUSTUS B FORT JR 581.00 367789 05/25/2018 H&H SHADOWBROOK LLC 567.00 367790 05/25/2018 VERO BEACH PLACE LLC 3,255.00 367791 05/25/2018 GNS REAL ESTATE HOLDINGS LLC 1,512.00 367.792 05/25/2018 COALITION FOR ATTAINABLE HOMES INC 1,107.00 367793 05/25/2018 HELPING HANDS REAL ESTATE & INVESTMENT CO 2,679.00 367794 05/25/2018 ALIX DENAEAU 700.00 367795 05/25/2018 1135 .RENTALS LLC 850.00 367796 05/25/2018 BLUE DRAGON MANAGEMENT LLC 1,100.00 367797 05/25/2018 MCLAUGHLIN PROPERTIES LLC 536.00 367798 05/25/2018 HOWARD .R BRENNAN 556.00 367799 05/25/2018 NKW PIP HOLDINGS I LLC 2,262.00 367800 05/25/2018 MAXIPLEX LLC 7,177.00 367801 05/25/2018 RANDY BETHEL 735.00 367802 05/25/2018 KARL POKRANDT 747.00 367803 05/25/2018 SPACE COAST REALTY CORP 562.00 367804 05/25/2018 SPACE COAST REALTY CORP 563.00 367805 05/25/2018 SPACE COAST REALTY CORP 750.00 367806 05/25/2018 570 13TH PLACE LLC 1.121.00 367807 05/25/2018 ROUER'BRANDON 1,571.00 367808 05/25/2018 GREENE INVESTMENT PARTNERSHIP LTD 3,772.96 367809 05/25/2018 INDIAN RIVER COUNTY HEALTH DEPT 52,747.50 367810 05/25/2018 MEDICAL. EXAMINERS OFFICE 35,224.16 367811 05/25/2018 VICTIM ASSISTANCE PROGRAM 5,532.66 367812 05/25/2018 ROGER J NICOSIA 1,500.00 367813 05/25/2018 CITY OF VERO BEACH 2,108.02 367814 05/25/2018 CITY OF VERO BEACH 11,787.50 367815 05/31/2018 PORT CONSOLIDATED INC 43_,341.13 367816 05/31/2018 JORDAN MOWER INC 231.74 367817 05/31/2018 COMMUNICATIONS INTERNATIONAL 1,195.80 367818 05/31/2018 TEN -8 FIRE EQUIPMENT INC 3,592.86 367819 05/31/2018 VERO C14EMICALDISTRIBUTORS INC 87.80 367820 05/31/2018 RICOH USA INC 162.98 5 TRANS NBR DATE VENDOR AMOUNT 367821 05/31/2018 HENRY SCHEIN INC 4,237.29 367822 05/31/2018 VELDE FORD INC 2,639,17 367823 05/31/2018 DELTA SUPPLY CO 105.25 367824 05/31/2018 E -Z BREW COFFEE & BOTTLE WATER SVC 51.40 367825 05/31/2018 GRAINGER 1,039.20 367826 05/31/2018 KELLY TRACTOR CO 1,319.20 367827 05/31/2018 VERO MARINE CENTER INC 181.00 367828 05/31/2018 REPUBLIC SERVICES INC 125,042.54 367829 05/31/2018 AMERIGAS EAGLE PROPANE LP 1.777.39 367830 05/31/2018 AMERIGAS EAGLE PROPANE LP 1,904.71 367831 05/31/2018 AMERIGAS EAGLE PROPANE LP 1,928.70 367832 05/31/2018 AMERIGAS EAGLE PROPANE LP 2,038.12 367833 05/31/2018 GAYLORD BROTHERS INC 1,000.65 367834 05/31/2018 LFI FORT PIERCE INC 1,098.63 367835 05/31/2018 CLIFF BERRY INC 380.00 367836 05/31/2018 PHYSIO CONTROL INC 10,185.96 367837 05/31/2018 DEEP SIX DIVE SHOP INC 71.99 367838 05/31/2018 NATIONAL FIRE PROTECTION ASSOC 175.00 367839 05/31/2018 TIRESOLES OF BROWARD INC 8,182.02 367840 05/31/2018 CITY ELECTRIC SUPPLY 441.27 367841 05/31/2018 CHILDCARE RESOURCES OF.IRC INC 46,131.11 367842 05/31/2018 ARMFIELD WAGNER APPRAISAL AND RESEARCl3 INC 450.00 367843 05/31/2018 THE GOODYEAR TIRE & RUBBER COMPANY 100.00 367844 05/31/2018 BAKER & TAYLOR INC 973.10 367845 05/31/2018 MIDWEST TAPE LLC 558.45 367846 05/31/2018 MICROMARKETING LLC 180.32 367847 05/31/2018 BAKER DISTRIBUTING CO LLC 201.24 367848 05/31/2018 CENGAGE LEARNING INC 826.12 367849 05/31/2018 PALM TRUCK CENTERS INC 720.13 367850 05/31/2018 PENWORTHY COMPANY 1,694.14 367851 05/31/2018 PING INC 896.56 367852 05/31/2018 INDIAN RIVER COUNTY HEALTH DEPT 501.38 367853 05131/201.8 INDIAN RIVER COUNTY HEALTH DEPT 633.48 367854 05/31/2018 ROGER J NICOSIA 7,160.00 367855 05/31/2018 CITY OF VERO BEACH 2,062.66 367856 05/31/2018 CHAPTER 13 TRUSTEE 201.08 367857 05/31/2018 COMPBENEFITS COMPANY 80.16 367858 05/31/2018 TREASURE COAST HOMELESS SERVICES 5,222.68 367859 05/31/2018 FLORIDA DEPT OF EDUCATION 280.70 367860 05/31/2018 ROGER CLEVELAND GOLF :INC 739.16 367861 05/31/2018 ACUSHNET COMPANY 4,421.98 367862 05/31/2018 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 367863 05/31/2018 FLORIDA WATER & POLLUTION CONTROL 30.00 367864 05/31/2018 IRC CHAMBER OF COMMERCE 41,509.10 367865 05/31/2018 JOEL VHERMAN 267.06 367866 05/31/2018 DAVID & LISA BAILEY 150.00 367867 05/31/2018 RIV ERFRONT HOTEL LLC 507.00 367868 05/31/2018 NATIONAL RECREATION & PARK ASSOC 175.00 367869 05/31/2018 CITY OF SEBASTIAN 25,692.54 367870 05/31/2018 SOUTHEAST DESALTNG ASSOCIATION 425.00 367871 05/31/2018 TIMOTHY ROSE CONTRACTING INC 71,307.50 367872 05/31/2018 TRAFFIC PARTS INC 1,900.00 367873 05/31/2018 FLORIDA POWER AND LIGHT 73,991.28 367874 05/31/2018 FLORIDA POWER AND LIGHT 22.872.92 367875 05/31/2018 I.RC HOUSING AUTHORITY 400.00 367876 05/31/2018 STRUNK FUNERAL HOMES & CREMATORY 425.00 367877 05/31/2018 SUNSHINE LAND DESIGN 8,650.00 367878 05/31/2018 FLORIDA STATE GOLF ASSOCIATION 118.00 367879 05/31/2018 CHRISTOPHER S STUCKEY 60.00 367880 05/31/2018 MYLES BROWN 120.00 6 TRANS NBR DATE VENDOR AMOUNT 367881 05/31/2018 JOHNANKENY 53.00 367882 05/31/2018 HENRYSMITH 100.00 367883 05131/2018 KEEP INDIAN RIVER BEAUTIFUL INC 6,566.06 367884 05/31/2018 INTERNATIONAL CODE COUNCIL INC 331.00 367885 05/31/2018 KEVIN GIBSON 80.00 367886 05/31/2018 ECONOLITE CONTROL PRODUCTS INC 27,000.00 367887 05/31/2018 TRANS US INC 1,604.00 367888 05/31/2018 SCOTT MCADAIv1 147.00 367889 05/31/2018 CELICO PARTNERSHIP 72.14 367890 05/31/2018 A IXTER INC 246.50 367891 05/31/2018 U S BANK NATIONAL ASSOCIATION 944,69 367892 05/31/2018 VAN WA.L INC 10.00 367893 05/31/2018 TRAFFIC CONTROL DEVICES INC 156.640.71 367894 05131/2018 FASTEN'ALCOM,PANY 44.98 367895 05/31 /2018 TREASURE COAST RADIATOR & MARINE INC 262,00. 367896 05/31/2018 MBV ENGINEERING INC 4,1.88.70 367897 05/31/2018 ETR :LLC 703.14 367898 05/31/2018 STAPLES CONTRACT & COMMERCIAL INC 151.89 367899 05/31/2018 HEVERON GROUP INC 19,039.00 367900 05/31/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 288.16 367901 05/31/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 292.07 367902 05/31/2018 ADMIN FOR C141 LD SUPPORT ENFORCEMENT 1.62.97 367903 05/31/2018 WENDY SWINDELL 43.00 367904 05131/2018 LARRY STEPHENS 120.00 367905 05/3112018 GERELCOM INC 22.577.23 367906 05/31/2018 SUNCOAST REALTY & RENTAL MGMT LLC 273.00 367907 05/31/2018 FLORIDA ASSOC OF HUMAN SRV ADMIN 95.00 367908 05/31/2018 JOHNNY B SMITH 85.00 367909 05/31/2018 MOOR.EMEDICAL LLC 4,196.59 367910 05/31/2018 FLORIDA HOUSING COALITION 2,1.25.00 367911 05/31/2018 GLO.BALSTAR USA 182.75 367912 05/31/2018 REDLANDS CHRISTIAN MIGRANT ASSOC 5.652.48 3679.13 05/31/2018 BRIAN FREEMAN 27.09 367914 05/31/2018 LAMBDA BETA ZETA 96.12 367915 05131/2018 LONNIE INGRAM 150.00 367916 05/31/2018 MADESSIA FLOWERS 20.00 367917 05/31.12018 SKOKIE 14OLDINGS INC 426.00 367918 05/31/2018 K'S COMMERCIAL CLEANING 16,309.08 367919 05/31/2018 YOUTH GUIDANCE DONATION FUND 1,862.84 367920 05/31/2018 NICOLACE'MARKETING INC 9,015.03 367921 05/31/2018 SOUTHEAST POWER SYSTEMS OF ORLANDO 500.07 367922 05131/2018 SEASIDE LANDSCAPES INC 705.00 367923 05/31/2018 VERA SMITH 50.00 367924 05/31/2018 D J P GENERAL CONTRACTING SERVICES INC 3,000.00 367925 05/31/2018 ECMC 276.58 367926 05/31/2018 BERMUDA SANDS APPAREL LLC 447.68 367927 05/31/2018 CIT FINANCE LLC 372.42 367928 05/31/2018 KEITH GROC14OLL 25.00 367929 05131/2018 HEATHER 'HATTON 120.00 367930 05/31/2018 JOSHUA HARVEY GHIZ 7,204.51 367931 05/31/2018 HONEYWELLANALYTICS 715.00 367932 05/31/2018 LOWES HOME CENTERS .INC 635.35 367933 05/31/2018 MUNICIPAL EMERGENCY SERVICES INC 64.660.00 367934 05/31/2018 SOUTHWIDE INDUSTRIES INC 10.537.67 367935 05/3112018 IMPECCABLE SIGNS INC 949.50 367936 05/31/2018 CARMEN LEWIS 1.67.50 367937 05/31/2018 DEBORAH CUEVAS 70.00 367938 05/31/2018 BRUCE SABOL 70.00 367939 05/31/2018 SUSAN ADAMS 43.97 367940 05/31/201.8 FAMILY SUPPORT REGISTRY 9.66 3 v TRANS \'BR DATE VENDOR ANIOUNT 367941 05131/2018 THE LAW OFFICES OF 1,701.00 367942 05/31/2018 TREASURE COAST CONSULTING INC 248.00 367943 05/31/2018 AMERITAS 27,976.02 367944 05/3112018 NAPIER & ROLLIN PLLC 487.50 367945 05/31/2018 FOUNDATION FOR AFFORDABLE RENTAL 500.00 367946 05/31/2018 SWANA FLORIDA SUNSHINE CHAPTER INC 275.00 367947 05/3112018 SCRIPPS NP OPERATING LLC 95.70 367948 05/31/2018 SCRIPPS NP OPERATING LLC 737.53 367949 05/31/2018 JOSEPH DIZONNO 50.00 367950 05/31/2018 RED THE UNIFORM TAILOR 185.38 367951 05/31/2018 UNIFIRST CORPORATION 444.98 367952 05/31/2018 JDS GRAPHICS DESIGN INC 255.13 367953 05/31/2018 SCHUMACHER AUTOMOTIVE DELRAY LLC 208.14 367954 05131/2018 BARSALOU VENTURES LLC 876.40 367955 05/31/2018 EGP DOCUMENT SOLUTIONS LLC 579.59 367956 05/31/2018 MICHAEL C14URC14 47.00 367957 05/31/2018 FLORIDA EAST COAST HOLDINGS CORP 3,600.00 367958 05/3112018 DOUG FLOOD 47.00 367959 05/31/2018 FLASHBAY INC 982.00 367960 05/31/2018 PEOPLE READY INC 3.318.30 367961 05/31/2018 CHARD SNYDER & ASSOCIATES INC 310.00 367962 05/31/2018 COLEAUTO SUPPLY INC 1,141.32 367963 05/31/2018 NORTH CAROLINA DEPARTMENT OF REVENUE 60.08 367964 05/31/2018 BETH NOLAN 80.00 367965 05/31/2018 DAY DREAMS UNIFORMS INC 59.00 367966 05/31/2018 THOMAS R PILIERO 28.00 367967 05/31/2018 SARAH KELLY 70.00 367968 05/31/2018 NESTLE WATERS NORTH AMERICA 90.20 367969 05/31/2018 TOTAL ADMINISTRATIVE SERVICES CORP 669.76 367970 05/31/2018 WEST HEALTH ADVOCATE SOLUTIONS INC 1,435.50 367971 05/31/2018 APTIM COASTAL PLANNING & ENGINEERING INC 21,402.40 367972 05/31/2018 MC DERMOTT WILL & EMERY LLP 10,000.00 367973 05/31/2018 DJD EQUIPMENT HOLDINGS LLC 454.69 367974 05/31/2018 LINDA CAGGIANO 190.37 367975 05/31/2018 ICAHN ENTERPRISES HOLDINGS LP 74,195.46 367976 05/3112018 JOSEPH LORINO 50.00 367977 05/31/2018 ARI PHOENIX INC 798.00 367978 05/31/2018 RESCUE TRAINING ASSOCIATES INC 1,850.00 367979 05/31/2018 APTIM ENVIRONMENTAL & INFRASTRUTURE INC 9,765.30 367980 05/311201.8 TAYLOR ANNE HATTON 220.00 367981 05/31/2018 JOHN BIRHANZL 267.06 367982 05/31/2015 ROBERT GONZALEZ 256.06 367983 05/31/2018 COBRA EQUII'M ENT LLC 6,850.00 367984 05131/2018 POWER PROTECTION SOLUTIONS LLC 1,175.00 367985 05/31/2018 VELMAXXX ENTERPRISES INC 287.89 367986 05131/2018 JOSEPH KOLODZIEJCZAK 25.00 367987 05/31/2018 ERIC GILREATH 25.00 367988 05/31/2018 SHAWN CONBOY 25.00 367989 05/31/2018 VISTAOUTDOOR SALES LLC 918.76 367990 05/31/2018 JOSH BINAFIF ALUMINUM LLC 252.00 367991 05/31/2018 GREATER PRAISE WORSHIP CENTER 150.00 367992 05/31/2018 IM SOLUTIONS INC 5,536.83 367993 05/31/2018 AMERICAN JANITORIAL INC 2,879.13 367994 05/31/2018 KELLY MC KINLEY 150.00 367995 05/31/2018 KELLY SCHNEIDER 250.00 367996 05/31/2018 STAR TECHNOLOGY GROUP INC 6,952.93 367997 05/31/2018 DANIEL SANTISO 97.90 367998 05/31/2018 LOUIS SCLEASE 8,998.17 367999 05/31/2018 CANDACE M.ETTS 53.40 368000 05/31/2018 FLORIDA WILDLIFE FEDERATION 30.00 TRANS N'BR DATE VENDOR AMOUNT 368001 05/31/2018 UTIL REFUNDS 40.33 368002 05/31/2018 UTIL REFUNDS 33.64 368003 05/31/2018 UTIL REFUNDS 66.19 368004 05/31/2018 UTIL REFUNDS 49.56 368005 05/31/201.8 UTIL REFUNDS 9,46 368006 05/31/2018 UTIL'REFUNDS 43.14 368007 05/31/2018 UTIL REFUNDS 158.26 368008 05/31/2018 UTIL REFUNDS 247.81 368009 05/31/2018 UTIL REFUNDS 40.62 368010 05/31/2018 UTIL REFUNDS 65.16 368011 05/31/2018 UTIL'REFUNDS 43.97 368012 05/31/2018 UTIL REFUNDS 1.57.75 368013 05/31/2018 UTIL REFUNDS 72.63 368014 05/31/2018 UTIL REFUNDS 17.66 368015 05/31/2018 UTIL REFUNDS 73.12 368016 05/31/2.018 UTIL REFUNDS 44.52 368017 05/31/2018 UTIL REFUNDS 43.17 3680.18 05/31/2018 UTIL REFUNDS 48.07 368019 05/31/2018 UTIL REFUNDS 53.87 368020 05/31/2018 UTIL REFUNDS 13.41 368021 05/31/2018 UTIL REFUNDS 34.20 368022 05/31/2018 UTIL REFUNDS 78.47 368023 05/31/2018 UTILREFUNDS 15.66 368024 05/31/2018 UTIL REFUNDS 49.09 368025 05/31/2018 UTIL REFUNDS 341,16 368026 05/31/2018 UTIL REFUNDS 134.30 368027 05/31/2018 UTIL REFUNDS 37.62 368028 05/31/2018 UTIL REFUNDS 57.01. 368029 05/31/2018 UTIL REFUNDS 13.47 368030 05/31/2018 UTIL REFUNDS 64.28 Grand Total: 1,375,423.49 9 ELECTRONIC PAYMENTS WIRE &z ACH TRANS NBR DATE VENDOR AMOUNT 5955 05/25/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 200.00 5956 05/25/2018 I R C HEALTH INSURANCE - TRUST 3,353.64 5957 05/25/2018 RUSSELL PAYNE INC 84,394.99. 5958 05/25/2018 VEROTOWN LLC 20,000.00 5959 05/25/2018 HIGHMARK STOP LOSS 101.36 5960 05/29/2018 RX:BENEFITS INC 248,312.82 5961 05/30/2018 COLONIAL LIFE & ACCIDENT INS CO 21.24 5962 05/30%201.8 ALLSTATE 1 270.66 5963 05/30/2018 MUTUAL OF OMAHA 7,343.48 5964 05/31/2018 AMERICAN FAMILY LIFE ASSURANCE CO 18,231.90 Grand Total: 382,230.09 10 1 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1013345 05/29/2018 COMCAST 384.83 1013346 05/30/2018 AT&T 549.39 1013347 05/30/2018 OFFICE DEPOT BSD CUSTOMER SVC 413.44 1013348 05/30/2018 WASTE MANAGEMENT INC 7,470.37 1013349 05/30/2018 COMCAST 113.49 10.13350 05/31/201.8 ROBINSON EQUIPMENT COMPANY INC 1,207.75 1013351 05/31/2018 COPYCOINC 225.00 1013352 05/31/2018 MEEKS PLUMBING INC 54.00 1013353 05/31/2018 RECORDED BOOKS LLC 284.80 Grand Total: 10,703.07 11 U • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Gary Rust & Linda Rust - 6680 65th Street, Vero Beach, FL 32967 DATE: May 30, 2018 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition for the planned improvements of 66th Avenue between 49th Street - 69th Street. The proposed improvements include widening the existing two-lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Gary and Linda Rust own a 4.85 acre parcel which is zoned A-1. To accommodate the future planned improvements on 66th Avenue, the County needs to acquire 0.03 acres of the parcel for right-of-way purposes and needs a 10 foot Temporary Construction Easement. The County obtained an appraisal of the property indicating a value of $1,000.00. Land Value Part Taking $ 685.00 Estimated Value of Improvements 300.00 Total Just Compensation $ 985.00 The County offered $2,000.00 forthe 0.03 acres of right-of-way and offered $2,000.00 forthe Temporary Construction Easement. Mr. and Mrs. Rust counter -offered $4,000.00 for the right-of-way and $4,000.00 for the Temporary Construction Easement. The County's counter-offer of $3,000.00 forthe right-of-way and $3,000.00 for the Temporary Construction Easement was accepted by Mr. and Mrs. Rust. FUNDING Funding is budgeted and available in Account No. 10215241-066120-07806, Traffic Impact Fees/District 2/ROW/66th Avenue (49th Street — 65th Street). For the temporary construction easement funds are budgeted in Account No. 10215241-066510-07806, Traffic Impact Fees/District 2/Construction In Progress/ 66th Avenue (49th -65th St). RECOMMENDATION Staff recommends the Board approve the Purchase Agreement for the 0.03 acres of property located at 6680 65th Street, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS One Original Purchase Agreement One Original Temporary Construction Easement APPROVED AGENDA ITEM FOR: June 12, 2018 12 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@482200E2\@BCL@482200E2.doc AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND GARY M. RUST & LINDA M. RUST THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2018, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Gary M. Rust and Linda, M. Rust ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 6680 65th Street, Vero Beach, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements on 66th Avenue between 49th Street and 81St Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase right-of-way of approximately 1,191 square feet or 0.03 acres of property as depicted on Exhibit "B", and WHEREAS, the County also needs a 10 foot Temporary Construction Easement (TCE) from Seller as described on Exhibit "C" attached to facilitate the Project, and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 6680 65th Street, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 1,191 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 13 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $3,000.00 (Three Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are, or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice 2 - 14 delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 15 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. I . 8.1 County shall pay the following expenses at Closing: 8. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 4 16 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Gary M. Rust & Linda M. Rust 9,e q 400,CE6.3 41lc If to County: Indian River County M� 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation. or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 17 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller In Deputy Clerk Approved: Jason E. Brown, County Administrator Aprd as t Form,: V�' dufficiency: William K. DeBraal, Deputy County Attorney r "'� 4-.� Gary M. R st Date a M. Rust Date 18 EXHIBIT "A" The West 10 acres of the East 30.acres of Tract 8, Section 7, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Co., filed in Plat Book 2, Page 26, Public Records of St. Lucie County, Florida, now Indian River County, Florida, less the South 60 feet thereof for road Right of way and also less the East 266.35 feet of the South 770.4 feet of the above described parcel. Commonly known as: 6680 65th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-07-00002-0000-00001.0 7 19 m W baRiOld `J.1NflOO ZI3AI�I NbIaNI L4oS£otto •oN �rotld Dose w cavae oFru.'ooz vus taws WE sw AL3 .� tmo3F° ( =10 (. 90E '13Ob`dd 9° t3LVD=V Cm weowaanra as Q sod Ae Faws vaanrNlMNs d(INV LLAYaL uaoH�((Aaluar)l $$v fa OI I Ik1 Z 1� '�g o �Q z j I I 1$3 E CID —m L ZZ Z3 9 NOLLO3S 3NIl iS3M a g _3 SZ,OO.00N SONIa`d39 d0 SISd 6 �a c i (505 T -Lit! 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N jL-a¢-J < Wrc� F= LJ >O -0, �oofO 'z zaz c$ U 1�, N KO }U x W m0 �y L� O Ow� 0 ¢mLLK�� W U W O m Cn m W> �V �¢z r y LY mayZOR O m o-Z WQ O lt' NV) Zw wa �aZ ¢F_ aw Uo �W} >- NW mz NF mw L/3 L =3U U! w �Q �¢ �iO 2¢U Vl a 1:! - W W O - ..a TCE — 66th Avenue Roadway Widening - Project #1505 PID# 32-39-07-00002-0000-00001.0 Project 1505 - Parcel #306 — Gary M. Rust & Linda M. Rust Prepared by and return to: IRC -PW -mf 1801 27th Street, Vero Beach, FL 32960-3388 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this c)"ay of MAY , 2018, by Gary M. Rust and Linda M. Rust whose address is 823 Orange Park Avenue, _Lakeland, FL 33801 hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of THREE THOUSAND DOLLARS and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of all construction incidentals, such as; grading, sloping, sodding, clearing, excavating, dredging, etc. This easement shall exist only until the completion of the construction work for the 66th Avenue Project No. 1505. IN WITNESS WHEREOF the GRANTOR has first above written. Signed, sealed, and delivered in the presence of: Witness Signature !u Printed Name: ry Lsoer Witness Signature Printed Name: A STATE OF FLORIDA) COUNTY OF } herein set its hand and seal the day and year Grantor Signature -"� 64ir Printed Name: Gary M. Rus r Grantor Signature-'--- lea_— Printed ignature'--- Printed Name: nd M. Rust The foregoing instrument was acknowledged before me this day of 2018, by Gary M. Rust and Linda M. Rust, he/she is personally known to me r produced driver's license as identification. Sig Printed name & Commission # Ic txYPue CANDACENICHOLERUEDA Ap roved as to Fol andu Legal Sufficiency: ...t�� MY COMMISSION # GG 005738 EXPIRES: June 26,2D20 D� f111 F'v_* onded T= Budget Notary SOMM 21 County Attorney Sketch and Legga/Description for./NDIANRIVER. COUNTY Legal Description (Temporary Construction Easement 306) BEING THE NORTH 10.0 FEET OF THE SOUTH 90.0 FEET OF THE FOLLOWING DESCRIBED PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK 2938, PAGE 2400, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 AFFIDAVIT OF EXEMPTION FROM SUBDIVISION IMPROVEMENTS WITH A PLAT FILING FOR GORE, AS RECORDED IN OFFICIAL RECORD BOOK 1905, PAGE 72, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 10 ACRES OF THE EAST 30 ACRES OF TRACT 8, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, C.R. ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN PLAT I.R.F.W.C.D. BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW INDIAN RIVER COUNTY, FLORIDA, LESS THE SOUTH 60 FEET THEREOF FOR ROAD RIGHT OF WAY, AND ALSO LESS THE EAST 266.35 FEET OF THE L SOUTH 770.04 FEET OF THE ABOVE DESCRIBED PARCEL. 4 CONTAINING 596 SQUARE FEET (0.01 ACRES), MORE OR LESS EXHIBIT "C" Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Sketch and Legal Description prepared by Kimley Hom for Indian River County, Job No. 1505, Dated January 12, 2017. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE = PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE R/W = RIGHT-OF-WAY T = TOWNSHIP rArtifirafinn (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID F5 SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND s_ BELIEF. 01 I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSU NT TO SECTION 472.027 FLORIDA STATE SUDA DA OF SIGNATURE ID CH ER PROFESSIONAL SURVEY AND MAPPER FLORIDA. CERTIFICATE NO. 4864 AUtNL;T: INDIAN RIVER COUNTY, FL PURL/C WORKS DEPT./ENG/NEER/NG D/V DATE: DRAWN BY: 4/24/18 R. 1NOLETT SCALE: APPROVED BY: N/A ASCHRMR �SHEET: JOB NO: 1 OF 2 1 1505 Sketch andLega/Description fog• INDIANRIVER COUNTY' (6680 65th STREET) 22 S/retcfi and L ega/ Description for. /ND/AN R/VER COUNTY 1 NORTH 10' TEMPORARY CONSTRUCTION EASEMENT 306 -T- 596 Sq.Ftf 30' 1 R.B. 190 PAGE 66 - 7�`- M ; 65th STREE ' (SOUTH _ WINTER BEACH ROAD) SOUTH LINE OF THE NORTHEAST 1/4 SECTION 7 r –' — — o ; AND SOUTH UNE TRACK 8 SUB—LATERAL "A-12" CANAL RIGHT.OF WAY UNE Legend and Abbreviations C.R. = COUNTY ROAD 1 WEST 10 ACRES OF EAST 30 ACRES TRACT 8 1 1 i A 1 WATER CONTROL DISTRICT 1 1 I = LENGTH OF ARC 1 1 t INDIAN RIVER FARMS COMPANY -LLC . = LIMITED LIABILITY COMPANY Tract 8 = RIGHT-OF-WAY O.R.B. (PBS 2, PGE 25) T = TOWNSHIP (P) 1 32-39-07-00001-0080-00001.0 32-39-07-00002-0000-00002.0 EICHELBERGER EUGENE M SCHEEFER ROBERT K. AND LINDA J SITE ADDRESS. 6700 65th STREET SITE ADDRESS; 6650 65th STREET i O.R.B. 1815, PG. 2397 O.R.B. 2906, PG. 2381 1 PARCEL 1 I PARCEL 2 8 32-39-07-0 00 02-00 00-00 001.0 �`� RUST GARY M. AND LINDA M D 1 SITE ADDRESS: 6680 65th STREET 1 O.R.B. 2938, PG. 2400 EAST 266.35' 1 - 1 1 PROPOSED i 1 NORTH 10' TEMPORARY CONSTRUCTION EASEMENT 306 -T- 596 Sq.Ftf 30' 1 R.B. 190 PAGE 66 - 7�`- M ; 65th STREE ' (SOUTH _ WINTER BEACH ROAD) SOUTH LINE OF THE NORTHEAST 1/4 SECTION 7 r –' — — o ; AND SOUTH UNE TRACK 8 SUB—LATERAL "A-12" CANAL RIGHT.OF WAY UNE Legend and Abbreviations C.R. = COUNTY ROAD PBS = PLAT BOOK ST. LUCIE I.R.F.W.C.D. = INDIAN RIVER FARMS A =DELTA ANGLE WATER CONTROL DISTRICT SQ. FT. = SQUARE FEET L = LENGTH OF ARC R = RANGE -LLC . = LIMITED LIABILITY COMPANY RN/ . = RIGHT-OF-WAY O.R.B. = OFFICIAL RECORD BOOK T = TOWNSHIP (P) = PLAT P.B. = PLAT BOOK NOT TO SCALE PGE = PAGE AtotNUT: /ND/AN R/I/£R COUNTY, FL PURL/C WORKS DEPT./ENG/NEER/NG D/Y O/24/>a N/A 2 OF 2 S/retcfi and Lega/Description for.. INDIAN RIVER COUNTY (6680 65th STREETS 23 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Manny Cabo, Telecommunications Manager SUBJECT: Forerunner Technologies Inc. - Proposal for EOL Upgrade of County PBX Network Systems DATE: May 29, 2018 BACKGROUND IRC staff recently met with representatives of Forerunner Technologies Inc., NEC America Inc., Basil Dancy - IRC IT Manager, and myself, to discuss available options for drastically reducing, the cost to the County, to convert / upgrade all County PBX telephone systems to the NEC SV- 9xxx hardware / software platform. This can be cost effectively accomplished by replacing the core PBX system hardware only, and by eliminating obsolete analog (single -line) telephone types. The proposed PBX network upgrade process is similar to what the Board approved roughly 4 years ago, when we upgraded to the NEC SV-8xxx hardware / software platform. At the time, that upgrade was required due to the previous NEC 2400 PBX telephone systems going to End -of -Life (EOL) support status, from the manufacturer / licensed service provider - NEC. Forerunner Technologies Inc. is the County's current licensed service provider, under the IRC PBX systems service / support agreement. Existing County PBX telephone systems, contained within the County's PBX network, are located at the following IRC sites, operating on the following hardware / software platform levels: IRC Administration Complex - NEC SV -8500 system IRC EOC - NEC SV -8500 system IRC Courthouse - NEC SV -8300 system IRC Main Library - NEC SV -8300 system IRC Sandridge Golf Course - NEC SV -8100 system The IRC North County Library and IRC Brackett Library sites both operate on remote PBX nodes, from the IRC Main Library PBX telephone system. These two IRC locations are not independent PBX telephone systems. If the IRC Main Library PBX system goes down, so do the two remote PBX nodes at these IRC locations. IRC Sheriffs Department - NEC SV -8500 system, is not managed or funded by IRC but is a PBX telephone system on the County PBX network, and is integrated within the County PBX systems network. IRC Sheriffs Department IT Division manages and funds their PBX system. As of December 31st 2018 all of the NEC PBX telephone system hardware/software levels that the County is currently operating on, will go to EOL (End -of -Life) support status from NEC America Inc. This includes all NEC SV-8xxx PBX telephone systems listed above. 24 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@503B3A8A\@BCL@503B3A8A.docx ANALYSIS The term End -of -Life (EOL) support for the NEC PBX product line effectively means that repair replacement parts for the specified hardware and software levels, in this case NEC SV-8xxx phone system components will no longer be available from any viable source. This lack of readily available repair parts and any add-on capacity parts, results in a non -supportable telecommunications system which the County relies for normal day-to-day operations and for critical needs and emergency conditions to support our community in Indian River County. In the event of a catastrophic County PBX telephone systems failure, while operating on unsupported EOL hardware and software levels, at locations such as IRC Administration Complex, IRC Courthouse, IRC Sheriff's Department, or IRC EOC; the PBX telephone systems affected by the catastrophic service outage could potentially be completely out of service for a week or more, while an unplanned emergency PBX system upgrade is performed. This will be very detrimental to the County and to the services these IRC locations provide to the general public. An alternative to upgrading the existing County legacy PBX telephone systems -would be to install an entirely new VoIP (Voice Over IP) corporate data network telephone system, such as the Cisco Call -Manager VoIP system. I have project managed enterprise -Wide VoIP telephone systems installations and actively supported Cisco VoIP telephone systems. in the past. This option would be much more expensive to the County, as it would require what is known in the industry as a "forklift conversion". This means that the entire old telecommunications system goes out on a forklift and a completely new telecommunications system is brought in. All new VoIP telephones, servers, switches, routers, and in some areas re -cabling entire offices to new Category -6 Ethernet network cabling will be required for this type of Telecommunications systems conversion. This option has been estimated to cost over $500,000 depending on the system type and options chosen. VoIP telephone systems usually have a forklift upgrade cycle of 2 to 3 years, as an industry standard. While VoIP systems typically have a lower monthly operating cost, this is countered by the short life cycle replacement costs needed. EOL conversions are more aggressive in the full VoIP platform world, in my experience with Cisco VoIP telephone systems. Forerunner Technologies Inca has provided IRC Telecommunications Division with a proposal to perform the cost effective PBX systems upgrade described, (Core PBX systems - hardware & software only ). The cost to perform this PBX systems upgrade, encompassing all County PBX telephone systems / locations is $160,221.04. GL11.1011ZR�l Funding in the amount of $160,221.04 will be provided by a future budget amendment from Optional Sales Tax fund balance. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Forerunner Technologies Inc. proposal for upgrade of the County PBX systems to the recommended and supported NEC SV-9xxx hardware / software level. ATTACHMENT NEC Bulletin Forerunner Technologies Proposal APPROVED AGENDA ITEM FOR June 12, 2018 25 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@503B3A8A\@BCL@503B3A8A.docx Product Life Cycle Schedule for UNIVERGE® SV8x00 Systems This letter announces the end of New System Sales for UNIVERGE® SV8x00 systems. Product Life Cycle Schedule 2'4eat5 Aea15 lS End of Extended Maintenance (EOEM) End of Support (EOS) End of Maintenance (EOM) End ofAdd-On (EOA) "aEnd of New System Sales (EON) sw' ;tmmAnnouncement SV8xOO System Platform EON: End of New System`Sales r UNIVERGE SV8100: Dec. _31, 2015 s UNIVERGE SV8300 Dec. 31, 2015 UNIVERGE SV8500 Dec. 31, 2015'' UNIVERGE SV8500 Cable UMG Dec. 31, 2015 SAMB-SV95-15-001 October 2, 2015 Page 1 of 2 EOS: End of Support EOM: End of 'Maint.. r EOEM: End of Extended EOA:,End of Add -On Maintenance '• „ See Note 1. Dec. 31, 2018, Dec: 31, 2020 Dec. 31,. 2018 Dec. 31, 2020 ' Dec. 31, 2018 -Dec. 31;'-2020 Dec. 31, 2018 Dec. 31, 2020. Note 1; Add -On Sales during the time between EON and EOA will be supported as long as inventory allows. NEC Corporation of America, Inc. Irving, TX www.necam.com 26 SAMB-SV95-15-001 October 2, 2015 Page 2 of 2 Product Life Cycle Definition of Terms • End of New System Sales LEON) - The product cannot be ordered anymore for new system sales. However, current systems can still be expanded with additional hardware and licenses until EOA (subject to availability) • End ofAdd-On Sales (EOA) -The product cannot be ordered anymore for expansion and new system sales. ➢ The EOA date is 3 Years after EON. • End of Maintenance (EOM) - EOM represents the end of software maintenance. Patches & Feature Enhancements will no longer be available for a version that reaches the EOM. ➢ The EOM date is 3 Years after EON. • End ofSwood (EOS)— EOS Represents end of sales of any hardware expansion, software enhancements and add-on parts. EOS also enforces the end of pre -sales and post -sales technical assistance. Customers can not receive technical assistance, such as configuration help or NTAC support, once the EOS date is reached. ➢ The EOS date is 3 years after EON. • End of Extended Maintenance (EOEM) — EOEM represents the end of technical assistance and software maintenance for customers who purchased SWA contracts exceeding EOS/EOM date, prior to announcement of EON. A The EOEM date is up to 2 years after EOA/EOS/EOM. Software Assurance Lifecycle Policy • During the time between EON and EOA/EOM/EOS, SWA provides full SWA benefits including feature enhancements, patches and technical support for all active SWA customer contracts. • SWA renewal will be, allowed for customers up to the EOS date. SWA will be prorated when applicable. Add-on sales prior to EOS/EOM/EOA date for systems with active SWA will require prorated SWA terms for applicable add-on components/licenses. • In no case will SWA for add-ons or for SWA renewal be allowed to exceed the EOS/EOM/EOA Date. • Reinstatement Fees will apply to any expired contracts wishing to renew prior to the EOS/EOM/EOA Date. • The End of Extended Maintenance period is only available for customer contracts that were purchased prior to this announcement and that have terms extending beyond the EOS/EOM/EOA date. In such cases, SWA coverage may extend beyond the EOS/EOM/EOA date but in no case will renewals or add-on sales with SWA proration be provided beyond the EOS/EOM/EOA date. *Support guidelines outlined in NEC approved Customer Commitment Letters supersede this announcement. Thank you for your continued support. Please contact your NEC Representative if you have questions. NEC Corporation of America, Inc. Irving, TX www.necam.com 27 OR E R U N N E R CCOMMUNICATION SOLUTIONS SIMPLIFIEO TCI-INCiLCiGI�'a, INC, May 31, 2018 Jennifer Hyde India River County Department of Procurement 1800 27th Street Vero Beach, FL 32960 Dear Ms. Hyde The following are, links and necessary information pertaining to NCPA (National Cooperative Purchasing Alliance) contract Vehicle. Also included with this letter is Forerunner Technologies Investment Price Schedule Sheets for the NEC UNIVEGE SV9000 Migrations. NCPA is a leading national government purchasing cooperative working to reduce the cost of goods and services by leveraging the purchasing power of public agencies in all 50 states. NCPA's Process NCPA utilizes state of the art procurement resources and solutions that result in cooperative purchasing contracts that ensure all public agencies are receiving products and services of the highest quality at the lowest prices. Who Can Use NCPA's Contracts There are over 90,000 agencies nationwide from both the public and nonprofit sectors that are eligible to utilize NCPA's cooperative purchasing contracts. These include, but are not limited to the following agency types: • School Districts (including K-12, Charter schools, and Private K-12) • Higher Education (including Universities, Community Colleges, Private Colleges, and Technical / Vocational Schools) • Cities, Counties, and any Local Government • State Agencies • Healthcare Organizations • Church/Religious • Nonprofit Corporations • Federal NCPA NEC Corporation of America Award Site: http://www.ncpa.us/Vendors/NEC State Statutes 150.-M EXECUTIVE DRIVE I EDGEWOOD,NY 11717 1855.378.3282 1 FRTinc.com 28 �'` FORERUNNER COMMUNICATION SOLUTIONS SIMPLIFIEO `,,- iECi-�NO�OClES, INC. Want to see your state's laws on cooperative purchasing? Click here to view your state's laws on cooperative purchasine. FL State Statues:.http://www.ncpa.us/Statutes/FL NEC Overview NEC Corporation of America (NEC) https://www.necam.com is a leading technology integrator providing solutions that improve the way people work and communicate. NEC delivers integrated Solutions for Society that are aligned with our customers' priorities to create new value for people, businesses and society, with a special focus on safety, security and efficiency. We deliver one of the industry's strongest and most innovative portfolios of communications, analytics, security, biometrics and technology solutions that unleash customers' productivity potential. Through these solutions, NEC combines its best -in -class solutions and technology, and leverages a robust partner ecosystem to solve today's most complex business problems. NEC Corporation of America is a wholly-owned subsidiary of NEC Corporation, a global technology leader with a presence in 160 countries and $25 billion in revenues. For more information, please visit www.necam.com Contract Info Awarded Vendor: NEC. NEC through its Direct services and Channel associates can proved solutions to the agencies on record, including but not limited to Indian River County (IRC) FL. Contract Awarded: Advanced Communications Solutions Contract Number: 01-60 Lead Agency: Region 14 ESC Contract Term: 3 year term, August 1, 2016 to August 31, 2019 *Option to renew for two (2) additional one (1) year periods. Request for Proposal: RFP for Advanced Communications Solutions Awarded Vendor Response: NEC's Response to RFP Evaluation: Bid Tab & Request for RFP List 150-M EXECUTIVE DRIVE I EDGEWOOD,NY 11717 1 855.378.3282 1 FRTinc.com 29 TECHNOLOGIES, I ECLQGE#'Ca COMMUNICATION SOLUTIONS SIMPLIFIEO Award Letter: Region 14 Award Letter Vendor Contact Lainey Gordon Vertical Practice — State and Local Government 3929 W. John Carpenter Fwy Irving, TX 75063 214-262-3711 Iainey.I;ordon@necam.com Should you require any additional assistance, please feel free to reach out to either myself or Lainey via email or phone. Thank you in advance for you continued support in NEC and Forerunner Technologies. Regards, Christopher Caffera CC: Lainey Gordon, NEC Corp of America Manny Cabo, IRC Communications Enc. 150,-M EXECUTIVE DRIVE I EDGEW00D,NY 11717 1 855.378.3282 1 FRTinc.com 30 FORERUNNERCOMMUNICATION SOLUTIONS SIMPLIFIEO TECHNOLOGIES, INC. NCIPA Contract Nuamber.01-80: NEC Corporation of America's Autorized Associate Dealer Forerunner Technologies Indian River County - Summary of all Upgrades converting SV8000 to SV9000 Platfanns Location Total Investment Administration 78,725:00 EOC S 40,127.00 Courthousi? $ 20,273.00 Literary $ 92,277.00 Sandridge $ 2,124.32 UM, 87GO :$ 6,694.72 Total of all Upgrades $ 160,221.04 150-M EXECUTIVE DRIVE i EDGEWOOD,NY 11717 1 855.378.3282 1 FRTinc.com 31 010W FORERUNNER TECHNOLOGIES, INC. COMMUNICATION SOLUTIONS SIMPLIFIED Schedule of Equipment and Services - Administration Building Qty Part Number Description 24 BE114379 SV95 P2P LCIS TRK -1 License 24 .BE114379 SV95 P2P CCIS TRKA License 4 Q24-UW000000108020 SV95 PHY-PIR Resource -1 License I BE114251 SV95 CCISIFCCS Network Option I BE114289 SV95 LIC. TRANSFER -MAIN 1 024-FROODO00126601 SV9500 CORE DVD SET 1 024-FR000000111659 UCE DIv'D SET 1 024=UW000000107989 SV95 PLATFORM LIC-UTAMIG 133 024-UVJ000000107998 SV95 Basic Laser -1 License 150 024-UVV000000107998 SV95 Basic laser -1 License 1 Q24-UVVOOOOOG127899 SV95 V4 UC APPLIANCE VER LIC 4 SE114290 SV95 LIC. TRANSFER -PER PHY-PIR 133 SE114291 SV95 LIC. TRANSFER PER IP !EXT 1 Q24-FROD0-000110217 SV9_00 SP Conversion I BE113323 SV95 (MIG) -CPU COVER 50 BE117026 SV95 ACD 1 Agent, Option I Q24-UVVOG0000108562 SCH-16LCA-A.iPAKIT 2 424-UWOOO000108558 SCH-PRTA A PA KIT 2 Q244JVVOGDOOD108555 SCH-8RSTA-A PA Kit 2 Q24=FROOGOD0113276 CF-8GB PROGRAMMED-SV95 1 024-FRODD000113277 CG FRONT OVERLAYS 3 024-MOGO000108024 SCMPDA-.A PA KIT 4 BE102081 PA-PW55-C 4 BE102O80 PA-PW54-C 3 BE113451 BLANK PLATE -13 1 024-FRODOOD0126206 GNAV CORE SW -ENT 1 Q24-DNOOOOOD128827 GNAV VER 11.0 . 404 BE114545 SWA PSA SV95 Unit 44 024-DNOOODO0110320 SWA PSA CCDESIGN UNIT 1 024-FROOD000129746 Express 584OR110i-1 No OIS GNAV 1 024-FRGOD000127415 R12OG-1M A2016S/GOLD ETN UM8706 100 BE115110 ITY-8LDX-1(BK)TEL 100 PC5EB14 14 Foot CAT5E Line Cord. I S&H Freight, Maintenance Vendor of Record Installation 140 FLINSTALL Labor - Included with Purchase Sub -Total Contract Items Sub -Total Open !Market items Less Maintenenace Customer Discount Total County Investment Listed NCPA Listed Ext. Market Price Market Ext Price NCPA Price Price $191.86 $4,604.69 $191.86 $4,604.69 $3,965.61 $15,862.45 $4,461.66 $4,461.66 $3,488.40 $3,488:40 $0.00 $0.00 $29.51 529.51 $167.44 $167.44 $70.81 $9,418.33 $70.81: $10,622.18 $0.00 $0.00 $767.45 $3,069.79 $18.41 $2,448.77. $0.00 $0.00 $141-83 $141.63 $138.14 56,907:03 $1,195.14 $1,195.14 $5,877.61 $11,755.21 $1,300.49 $2,600.98 $483.31 $966.62 .$424:89 $424.89 $10,244.03 $30,732.D9 $756.30 $3,025.20 $1,007.69 $4.030.76 549.57 $148.71 $4,200.00 $4,200.00 $0.00 $0.00 $20.13 $8,131.00 $20.13 $885.55 $2,110.36 $2,110.36 $4,864.39 $4,864.39 $156.50 $15,650:01 $3.64 $364.00 $2,112.77 $2,112.77 $145,776.60 $11;134.87 $78;186.47 $78,725.00 $11,134.87 150-M EXECUTIVE DRIVE I EDGEWOOD,NY 11717 1 855.378.3282 1 FRTinc.com 32 C OEU!=Ef� COMMUNICATION SOLUTIONS SIMPLIFIED - TE�Ci�..00 Schedule of Equipment and Services - Emergency Operations Center,(EOC) Part Numbf rDesen'ption 1 024-FRGOWDD'113277 CG FRONT OVERLAYS 2 024-UWDOOOG019S024 SCH-IPDA-A PA KIT, 24 BE 11.4379 SVK5 P2P CC 13 TRK -9 License 2 024-UWDOGOOO802-0 SVttS PHY-PIR Resource -1 License 1 BE 114251 SV25 CCISIFCCS Network Options 1 BE 1142E:2 SVP!, LIC. TRANSFER MAIN . 1 Q24-FRUQ000126601 SV95D0 CORE OVD SET 1 024 F1200Lr3D0'111659 UCE DVD STET 1 Q24-UW000000147989 SVP5 PLATFORM LIC=U.IAMIG 40 Q24-UW000000107998 SV€4 Basic User -1 License 2 BE1021OV81 PA-FW5 -C 1 0244MOD0000105558 SCH-PRTA-A PA KIT 2 BE10M PA:-PW54-C 024-UW000000WS,562 SCH=I6LCA-A PA KIT 1 BE1133M SVW (MIG] -CPU COVER 4 024-FRM?h 50 0 1 1 3276 CF -SGS PROGRAMMED-SV25 2 Q24-UW000000 tG5''555 SCH-811STA-A PA Kit 3 BE 11,3451 BLANK PLATE 'B 50 Q24-M0000OOIL799B SVQ,5 Basic User -1 License 1 024-M000000*7899 SV95 V4 UCAPPLIANCE 'VER LIC 2 6E1142F0 SVi45LIC. T€+.ANSFERPER,-HY-?IR 40 BE 1142'91 S\95 LIC. TRANSFER PER IP TEXT 1 Q24-FROGWO011D217 SV9500' .P Conversion 203 BE114-W SWA PSA SV95 Unit NEC Terminals 40 BE115110+ FT'Y-8 'DX-1(61)TEL 40 PC5E6'14 14 Foext CAsT5-E Line Cavi 1 S&H Freight 125 FLINSTALL Maint-mmoe Vendor os Record Installation. $3,540.73 Lagar - Included with Fvach?se, Total 30'.00 5767.45 S ub-Tovtal Contract Items Sub -Total, Open Market Means $736.47 Less Maintenenace Customer Discount Tot3'1 County Investment Listed Listed Ext. Market Market Ext NCPA Price INCPA Price Price Price $424.89 $424.8Q S10,244N3 520,488.05 $191.86 54;604.52 $3.965:61 $7.931.23 $4,461:66 $5.461.56 $3,488.40 53.488.40 x.00 80.'00 $22.51 529.51 S167-44 $167.44 $70.61 52:8321,8 5756.30 $1,512.50 W,87-1 r :61 S6.8-11.59 5+.00'7.:69 52,615.38 $9,2r0.16 30:00 5141_63 $141.€.3 $483.31 S 1.933.24 $1,2.27.04 S2,654j08 542.57 $146.71 $70.81 $3,540.73 $0.00 30'.00 5767.45 S1.534.�', $18.41 $736.47 $0.00 :D_00 520:13 54,085.63 5156.50 S6.260.0 $3.64 5145.60 $1,022.17 572.215.33 S2.799.68 $72;215-33 $2,799:68 $34;888:01 $40,127.00 150-M EXECUTIVE DRIVE I EDGEWOOD,NY 11717 1 855.378.3282 1 FRTina.com 33 �FDRERUNNER COMMUNICATION SOLUTIONS SiMPLIFIEO ;, TECHNOLOGIES, INC. 1 024-UW000000126746 SV93 V5 UC VERSION LIC 1 Q24-UW000000107974 SV93 System Migration 51,203.85 $1,203.85 1 Q24-DN000000106775 SV93 UC APPLICATION DVD $59.01 $59.01 293 BE115107 SWA PSA SV9300 Unit $10.06 $2,948.49 Freight 30 FLINSTALL Maintenance Vendor of Record Installation Labor- Included with Purchase Total $48,061.22 Sub -Total Contract 'Items $48.061.22 Sub -Total Open Market Items $0.00 Less'Maintenenace Customer $27,788.22 Discount Total County Investment $20,273.00 150-M EXECUTIVE DRIVE I EDGEWOOD,NY 11717 1 855.378.3282 1 FRTinc.com 34 $0.00 Schedule of 'Equipment and Services - IRC Courthouse Q�t y Part Number Description Listed NCPA Price Listed Ext Market Price NCPA Price 76 BE114547 SV93 IP EXT Migration $15.65 $1,189.40 32 BE114544 SV93 P.2P-CCIS TRK -1 License $71.16 $2,277.23 40 Q24-UW000000I07956 SV93 Basic User -1 License $57.18 $2,287.31 48 BEI 14544 SV93 P.2P-CCIS TRK -1 License $71.16 $3,415.84 4 BE114017 SV93 Softphone -1 License $118.61 5474.42 2 024-UW000000107839 SV93 Remote Link Migration Kit $3,310.58 56,621.16 352 BE114548 SV93 AID EXT Migration , $15.65 $5,508.80. 408 Q24-UW000000107955 SV9300'Resource-1 License $27.09 $11,051.31 1 SE114021 SV93 System CCIS'Network Option $118.61 $118.61 1 BE114022 SV93 Remote Unit -1 License $59.30 $59.30 9 BE114010 SV93 VOIP CW 16 License $189.77 $1,707.92 1 BE114011 SV93 System Dual CPU Option $711.63 $711.63 1 Q24-UW000000107410 SV93 SIP DUAL CPU MIGRATION KIT 58,426.93 $8,426.93 1 024-UW000000126746 SV93 V5 UC VERSION LIC 1 Q24-UW000000107974 SV93 System Migration 51,203.85 $1,203.85 1 Q24-DN000000106775 SV93 UC APPLICATION DVD $59.01 $59.01 293 BE115107 SWA PSA SV9300 Unit $10.06 $2,948.49 Freight 30 FLINSTALL Maintenance Vendor of Record Installation Labor- Included with Purchase Total $48,061.22 Sub -Total Contract 'Items $48.061.22 Sub -Total Open Market Items $0.00 Less'Maintenenace Customer $27,788.22 Discount Total County Investment $20,273.00 150-M EXECUTIVE DRIVE I EDGEWOOD,NY 11717 1 855.378.3282 1 FRTinc.com 34 $0.00 FORERUNNER "TECHNOLOGIES, INC. COMMUNICATION SOLUTIONS SiMPLIFIEo Schedule of Equipment and. Services - IRC Library Qui i Part Number Description Listed NCPA Price Listed Ext. NCPA Price 36 BE114547 SV93 IP EXT Migration $15.65 5563.40 32 BE114544 SV93 P2P-CCIS TRK -1 License 571.16 $2,277.23 2 024-UWJ000000107839 SV93 Remote'Link Migration Kt $3,310.58 $6,621.16 4 BE114017 SV93 Softphone -1 !License $118.61 5474.42 1 024-UVV000000107838 SV93 SIP Single CPU f4gration Kat $4,213.46 $4,213.46 28 Q24-UW000000107955 SV9300 Resource -1 License 527.09 5758.42 12 024-UW000000107955 SV9300 Resource -1 License 527.09 5325.04 104 BE114548 SV93 A/D EXT Migration 515.65 $1,627.60 1 BE114021 SV93 System LCIS Network Option $118.61 $118.61 2 BE114022 SV93 Remote Unit -1 License 559.30 $118.61 5 SE114010 SV93 VOIP CH -16 License $189.77 5948.84 1 Q24-UW000000126746 SV93 V5 UC VERSION LIC 1 Q24-UW000000107974 SV93 System Migration $1,203.85 $1,203.85 1 024-ON000000106775 SV93 UC APPLICATION DVD $59.01 $59:01 118 BE115107 SWA PSA SV9300 Unit 510.06 $1,187.45 Freight 30 FLINSTALL Maintenance Vendor of Record Installation Labor - included with .Purchase Total $20,497.10 Sub -Total Contract Items $20,497.10 Sub -Total Open Market Items $0.00 Less Maintenenace Customer Discount $8,220.10 Total County Investment $12,277.00 Market ric 150-M EXECUTIVE DRIVE I EDGEWOOD,NY 11717 1 855.378.3282 1 FRTinc.com 35 FORERUNNERCOMMUNICATION SOLUTIONS SIMPLIFIED TECHNOLOGIES, INC. Schedule of Equipment and Services Sandridge GG Qty PartNumber Description Listed NCPA Listed Ext. Price NCPA Price 1 024-UW000600107854 SV9100 Migration Kit -S $963.08 $963.08 1 BE114053 SV9100 HW Migration License $889.54 $889.54 27 BE115105 SWA PSA SV9100 Unit $10.06 $271.70 Freight 15 FLINSTALL Maintenance Vendor of Record Installation Labor - Included with Purchase TOTAL $2;124.32 Sub -Total Contract Items $2,124.32 Sub -Total Open Market items $0.00 Less Maintenenace Customer Discount $0.00 Total County Investment $2,124.32 150-M EXECUTIVE DRIVE I. EDGEWOOD,NY 11717 1 855.378.3282 1 FRTinc.corn 36 fl CCOMMUNICATION SOLUTIONS SIMPLIFIEO rTE�I-�1't1t3L..00�i�si, INC. TOTAL $7,549.38 $0.00 $0A0 NOTE: Server included in Admin SV9500 Quote Sub -Total Contract Items $7,549.38 Sub -Total Open Market Items $0.00 Less Maintenenace Customer Discount 5854.66 Total County investment $6,694.72 150-M EXECUTIVE DRIVE ( EDGEWOOD,NY 11717 1 855.378.3282 1 FRTinc.com 37 Schedule of Equipment and Services - U'M8700 Cross Product Migration Q yt Part Number Description Listed Listed Ext. Market Market Ext NCPA Price 'NCPA Price Price Price 500 024-DN000000120337 SV9X UM - VM Mailbox Set $0.00 $0.00 50 Q24-DNOCCO00120338 SV9X UM: UM Mailbox Set $0.00 $0.00 50 024-DN000000120339 SV9X UM - PA Mailbox Set $0.00 $0.00 1 024-DNOOD000120744 Securty Key Deposit . $2,325.60 $2,325.60 1 Q24-DNOD0000120744 Security Key Deposit Credit $2,325.60 $2;325.60 1 024-DNOD00D0120623 UM8700 USB to Soft License $0.00 $0.00 144 024-DN000000106630 SWA PSA SV9X UM UNIT $20.13 $2,898.18 1 S&H Freight 50 FLINSTALL Maintenance Vendor of Record Installation Labor - Included vvith.Purchase TOTAL $7,549.38 $0.00 $0A0 NOTE: Server included in Admin SV9500 Quote Sub -Total Contract Items $7,549.38 Sub -Total Open Market Items $0.00 Less Maintenenace Customer Discount 5854.66 Total County investment $6,694.72 150-M EXECUTIVE DRIVE ( EDGEWOOD,NY 11717 1 855.378.3282 1 FRTinc.com 37 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 31, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2018057 —Annual Bid for Medical Supplies BACKGROUND: The Fire Rescue Division requested the solicitation of bids to establish firm fixed pricing for medical supplies for Fire Stations on an annual basis. The term of this bid is one year, with the option for two additional one-year renewals, subject to vendor acceptance, satisfactory performance and staff's determination that the renewal would be in the best interest of the County. BID RESULTS: Advertising Date: April 26, 2018 Bid Opening Date: May 18, 2018 Demandstar/Bid Express Broadcast to: 44 Subscribers Bid Documents Downloaded by: 12 Vendors Replies: 5 Vendors Moore Medical, LLC's bid was disqualified for failure to sign the mandatory Disclosure of Relationships form. Annual bid prices submitted were: 38 Total Base Bid Total Bid at Bidder's Name Location (one of each Estimated item) Annual Quantities Bound Tree Medical Dublin, OH $5,004.85 $203,714.61 Concordance Healthcare Solutions, LLC Earth City, MO $6,645.41 $217,163.38 Henry Schein Irmo, SC $5,390.42 $224,593.67 Moore Medical LLC Farmington, CT DQ DQ Nashville Medical and EMS Products, Inc. Springfield, TN $6,316.97 $264,021.76 38 CONSENT ANALYSIS: The quantities and types of items needed vary, and are ordered monthly to minimize inventory and ensure shelf -life isn't exceeded. Total expenditures on these medical supplies for FY 16/17 were $229,950. The Fire Rescue Division recommends award to the three lowest responsive and responsible bidders, to enable purchase from the lowest priced bidder for the items needed. Award to multiple vendors will also provide backup suppliers for these vital supplies. SOURCE OF FUNDS: Funds for the anticipated purchases are available in the Emergency Services District's Fire Rescue — Medicine and- Medical Supplies. Unencumbered funds in the amount of $36,000 are available, as is approximately $34,000 in unspent funds allocated against existing blanket Purchase Orders to cover the estimated $70,000 needed to fund these purchases for the remainder of the current FY. Account Number Account Description FY 17/18 Budget 11412022-035270 Fire Rescue — Medicine and Medical Supplies $70,000 RECOMMENDATION: Staff recommends the Board award bid 2018057 to Bound Tree Medical, Concordance Healthcare Solutions, LLC and Henry Schein. Staff also recommends the Board authorize the Purchasing Division to issue blanket purchase orders to the recommended bidders, and authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. 39 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: May 18, 2018 THROUGH: Jason E. Brown, County Administrator FROM: Michael Smykowski, Director, Management & Budget SUBJECT: TDC 2018/2019 BUDGET RECOMMENDATIONS DESCRIPTION AND CONDITIONS On May 16, 2018, the Tourist Development Council (TDC) reviewed budget requests for fiscal year 2018/2019 to be paid from the Tourist Tax revenue. The budget requests are listed in the table below. File copies of the applications for each agency are available in the Board of Commissioners office for review. Table 1 TOURIST DEVELOPMENT COUNCIL AGENCY REQUESTS Fiscal Year 2018/2019 Funding Annlications C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@503B5EE7\@BCL@503B5EE7.doc 40 2017/2018 2018/2019 Increase % Increase Organization Funding Request (Decrease) (Decrease) Indian River County Chamber of Commerce & Sebastian $457,386 $468,147 $10,761 2.4% Chamber of Commerce Sebastian River Area Chamber $94,283 $98'729 $4,446 4.7% of Commerce Cultural Council $60,000 $75,000 $15,000 25.0% Historical Society $15,000 $32,000 $17,000 113.3% Treasure Coast Sports $188,000 $200,000 $12,000 6.4% Commission Vero Heritage $13,000 $20,000 $7,000 53.8% City of Vero Beach $0.00 $20,000 $20,000 N/A Vero Beach Regional Airport $0.00 $75,000 $75,000 N/A Marketing Major League Fishing "Funded $27,500 $0.00 ($27,500) N/A Tournament by BA" Sub Total $855,169 $988,876 $133,707 15.6% Historic Dodgertown $75,000 $75,000 $0 0.0% C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@503B5EE7\@BCL@503B5EE7.doc 40 Grand Total $930,169 $1,063,876 $133,707 1 14.4% -] Board of Commissioners Page 2 of 3 May 18, 2018 Funding and Analysis Staff estimates total funding of $998,450 available for distribution to tourism development agencies in FY 2018-2019. Total requested funding in the preceding table (Table 1) amounted to $1,063,876 including the $75,000 contractual requirement for promotion of Historic Dodgertown. This resulted in an initial net projected shortfall of $65,426. The revised funding amounts agreed to at the Tourist Development Council meeting, following completion of scoring sheets by TDC members, are summarized in Table 2 below. Following a motion made by Mr. Kite and seconded by Mr. Hayes, the funding levels in Table 2 below were approved by unanimous vote (7-0) of the Tourist Development Council. Table 2 TOURIST DEVELOPMENT COUNCIL Fiscal Year 2018/2019 Funding Recommendation C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@503B5EE7\@BCL@503B5EE7.doc 41 2018/2019 2017/2018 TDC Increase % Increase Organization Funding Recommended (Decrease) (Decrease) Indian River County Chamber $457,386 $468,147 $10,761 2.4% of Commerce IRC Chamber of Commerce Marketing of Vero Beach $0.00 $25,000 $25,000 N/A Regional Airport Sebastian River Area $94,283 $98,729 $4,446 4.7% Chamber of Commerce Cultural Council $60,000 $75,000 $15,000 25.0% Historical Society $15,000 $32,000 $17,000 113.3% Treasure Coast Sports $188,000 $200,000 $12,000 6.4% Commission Vero Heritage $13,000 $20,000 $7,000 53.8% Major League Fishing "Funded $27,500 $0.00 ($27,500) ° (100.0%) Tournament by BA" Reserve for Contingencies 0 $4,574 $4,574 N/A Sub Total $855,169 $923,450 $68,281 8.0% Historic Dodgertown $75,000 $75,000 $0 0.0% C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@503B5EE7\@BCL@503B5EE7.doc 41 Grand Total $930,169 $998,450 $68,281 7.3% Board of Commissioners Page 3 of May 18, 2018 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the funding amounts recommended by the Tourist Development Council as shown in Table 2 for a total allocation of $998,450 and authorize the County Attorney to prepare standard grant agreements for all funding recipients. Approved Item for June12, 2018 Agenda C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@503B5EE7\@BCL@503B5 EE7.doc 42 CONSENT 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: Amendment No. 1 to Agreement for Professional Services with Bowman Consulting Group, Ltd. for 58th Avenue Reclamation 57th Street to 85th Street (IRC -1325) DATE: May 21, 2018 DESCRIPTION AND CONDITIONS On May 23, 2017, the Board of County Commissioners approved an Agreement for Professional Services with Bowman Consulting Group, Ltd for design and construction services for 58th Avenue Pavement Reclamation and Resurfacing from 57th Street to 85th Street in the amount of $397,746.00. During the course of design it was determined that a water main was in conflict with the proposed drainage features. In order to prevent delays to the project schedule, which could place the FDOT administered Small County Outreach Program (SCOP) funding at risk, it was determined that the water line would need to be relocated via directional bore. So that the consistency and schedule of the design process could be preserved IRC Public Works and IRC Utilities determined that the fastest and most cost-efficient approach would be to amend the Bowman Consulting Group's design scope to include the directional bore relocation. The purpose of Amendment No. 1 is to provide design of a directional drill water main relocation and to provide construction services for the installation of the directional bore. The project construction is scheduled to commence Fall 2018. The Utilities Department negotiated lump sum for Amendment No.1 is $45,608.00. FUNDING Funds forthis project are in the Utilities Department capital account in the operating fund. The operating fund is derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Water Main Replacement — 58th Avenue & 69th Street 471-169000-18525 $45,608.00 RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No.1 for a lump sum fee of $45,608.00 and requests the Board of County Commissioners authorize the Chairmen to execute Amendment No. 1 on their behalf. ATTACHMENTS Amendment No. 1 with Bowman Consulting Group, Ltd. AGENDA ITEM FOR JUNE 12, 2018 43 C:\Usens legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@CC IBBC6E\@BCL@CC I BBC6E.doc AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICE BETWEEN BOWMAN CONSULTING GROUP, LTD AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering Services Agreement (AGREEMENT) dated May 23rd , 2017 between BOWMAN CONSULTING GROUP, LTD (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section 1 — General", and "Section 5 - Compensation". Amendment Descri tp ion This Amendment includes the following: "SECTION 1 - GENERAL " is being modified to incorporate the following: Consultant services are required for the preparation of waterline design plans; bid services; construction engineering services and project turnover of utility relocations associated with the construction of 58th Avenue Pavement Reclamation and Resurfacing from 571i Avenue to 851' Street/CR 510. The work included in Amendment No. 1 is in accordance with the existing AGREEMENT dated May 23, 2017 between BOWMAN CONSULTING GROUP, LTD (ENGINEER) and Indian River County (COUNTY). "SECTION 5 — COMPENSATION" is being modified to incorporate the following: The COUNTY agrees to pay and the ENGINEER or agrees to accept for services rendered pursuant to this Agreement fees in accordance with the following: A. Professional Services Fee 1. The basic compensation mutually agreed upon by the ENGINEER and the COUNTY follows: The following is a summary of costs: Page 1 of 4 C:\Users\jwilliams\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\DA3K8007\AMENDMENT NO. Ldocx 44 Fees Charge Associated withNew Total This Amendment Compensation Bowman Consulting Group .................................................... $45,608.00 $252,154.00 Lassiter Transportation Group ........................................................ $0.00 $129,560.00 Bechtol Engineering and Testing .................................................... $0.00 $50,360.00 EversInfrastructure Group............................................................. $0.00 $3,000.00 GroundHound Detection Services ................................................. $0.00 $8,280.00 (ARCADIS) TOTAL L UMP SUM FEE............................................................... $45,608.00 $443,354.00 Design Services Task 01— Design Services 1. Hydraulic and directional bore calculations for a 20" diameter waterline relocation. 2. Design directional drill and pipe layout, design of construction sequencing and 12" temporary bypass assemblies to maintain service. J. Design and detailed temporary road widening and striping to accommodate construction of the waterline relocation. 4. Prepare technical specifications for directional drill, HDPE pipe and road widening. Develop detailed bid schedule and bid descriptions and develop opinion of cost matching the bid schedule. Construction Services Task 02 — Bid Services 1. Attend Pre -Bid Meeting and subsequent field visit as needed and address any issues that may arise out of the meeting. 2. Respond to bid questions that arise during the bid process, prepare responses for County issuance, and coordinate with County Staff for response tracking. Page 2 of 4 C:\Users\rhickey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\89D 87TQ3\AMENDMENT NO. Ldocx 45 3. Attend Bid Opening Meeting as needed and address issues that arise during the award process. Task 03 — Construction Engineering Services 1. Review all relevant submittal documents including boring emergency procedures, bentonite mix design, site layout plan, shop drawings, asphalt mix designs, materials tickets, and any other submittals that may arise during the construction process. 2. Provide onsite inspections prior to construction on a part time basis including but not limited to erosion control measures, site setup, emergency response measures, material inspections and scheduling. 3. Provide part time inspection services during construction to include line stop installation, fusion welding of the HDPE bore pipe, pressure testing, bore initiation and crossing of 69th Street including back reaming, construction sequencing and bypass coordination, and full time onsite inspection during pullback to monitor downhole pressures and any onsite issues. 4. Provide onsite inspections of road widening including filling, grading, review of compaction reports for imported fill for the proposed temporary road widening of 58th Ave. Also, provide engineering and string line evaluations of stabilized subgrade, base, and asphalt, including onsite inspections during asphalt delivery and placement. Onsite inspection during temporary striping installation 5. Site restoration inspection, including removal of line stops and bypass assemblies, restoration of flows, and removal of temporary striping and traffic diversion. Task 04 — Proiect Turnover 1. Review asbuilt survey for Utility Submittal, including updated bore profile reflecting Contractor's bore log of the actual bore parameters, tie in locations, locations of abandoned line stops and all other relevant information for a complete and acceptable submittal to the Utility. 2. Perform Punch List evaluation and final walk-through of the project with Utility Staff to verify substantial and final completion of the project. 3. Prepare and submit FDEP clearance documentation including clearance forms, Bacteriological sampling results, and asbuilt drawings. SERVICES AND/OR INFORMATION TO BE PROVIDED BY OTHERS Client or others will provide the following services and/or information: A. Maintenance of Traffic Design is to be provided by Others Page 3 of 4 C:\Users\rhickey\AppData\Loca]\Microsoft\W indows\INetCache\Content.Outlook\89D87TQ3\AMENDMENT NO. l.docx 46 The AGREEMENT is hereby amended as specifically set forth here in. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 1 to the AGREEMENT regardless of where executed, shall be governed by and constructed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this BOWMAN CONSULTING GROUP, LTD 4450 W. Eau Gallie Boulevard, Suite 232 Melbourne, Florida 32934 By: oV v _ Robert A. Hickey, Se retary WITNESSED BY: County Attorney Approved as to Form and Legal Sufficiency Jason E. Brown, County Administrator day of 2011. INDIAN RIVER COUNTY, FLORIDA IN Peter D. O'Bryan, Chairman Board of County Commissioners Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court Deputy Clerk Page 4 of 4 C:\Users\rhickey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\89D87TQ3\AMENDMENT NO. I.docx 47 CONSENT AGENDA 1W01[_Lllllr143d011101WA MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyl4� Human Resources Director DATE: June 4, 2018 ?c SUBJECT: Approval of a Renewal Contract for Basic Life, Voluntary Life, Voluntary Retiree Life, Voluntary Long -Term Disability with Mutual of Omaha and Dental Insurance with Ameritas BACKGROUND: On June 17, 2014, a contract was awarded to Mutual of Omaha for basic life insurance, voluntary life insurance, voluntary retiree life insurance, and voluntary long-term disability (LTD). A contract was also awarded to Ameritas for dental insurance. The rate guarantees for these benefits expire September 30, 2018 and Lockton Companies marketed these benefits to evaluate offerings in the market place in comparison to renewal proposals. LIFE LTD The County's broker and benefits consultant, Lockton Companies, marketed the County's life and disability benefits to twelve (12) carriers. Each of the proposals received, included an overall rate increase. The renewal proposal from Mutual of Omaha (MOO) under our existing policies was also reviewed and compared to the marketed proposals. The MOO renewal offers a two (2) year rate guarantee through September 30, 2020. The policy provisions remain unchanged. The renewal proposal is attached and outlined below: ■ Basic Life (employer paid) ■ Child Life Rates (employee paid) ■ Retiree Life (Retiree paid) ■ Basic AD&D Rates (employer paid) ■ Voluntary Life Rates (employee paid) ■ Voluntary Life Rates (employee paid) ■ Grandfathered and Composite Rated ■ Voluntary AD&D Rates (employee paid) ■ Voluntary LTD (employee paid) No change in rates No change in rates Increase from .50 per 1,000 to .70 per 1,000 No change in rates No change in rates Increase from $.38 per 1,000 to .50 per 1,000* No change in rates No change in rates *The updated premium to include $.04 AD&D premium will be $.54 per 1,000 — current is $.42 per 1,000 Lockton's analysis indicates the Mutual of Omaha renewal proposal is reasonable. The impact to retiree life insurance premiums under this proposal is outlined below: Retiree Life Insurance Premium Comparison Life Amount Old Monthly Rate New Monthly Rate 10/1/18 $5,000 $2.50 $3.50 $10,000 $5.00 $7.00 $20,000 $10.00 $14.00 DENTAL Dental insurance for the Board of County Commissioners, Supervisor of Elections and Tax Collectors benefit eligible employees is currently provided through Ameritas. To evaluate market competitiveness, Lockton Companies marketed the dental insurance to eleven (11) carriers. Ten (10) carriers responded. Several of the proposals were financially very competitive; however, there would be a disruption to members due to changes in the network of participating dentists if a change in carriers were to be made. Also, members currently enrolled under Ameritas may lose their accumulated benefits under the current dental insurance program. As a part of the dental marketing, Lockton was able to negotiate a 10% rate reduction with Ameritas with a two (2) year rate guarantee through September 30, 2020 as outlined below: Low Plan Rates Employee EE+SP EE-1-CH(ren) Fanfily Enroflnwnt 96 25 24 52 Current & Negotiated W.92 $51.44 W.75 487.20 Renewal Ratei $22.44 $46.32 $54.72 78.48 Total Monthly Premium 197 $19,671 $8,706 Total Annual Premium '116 052 $104,478 Difference from CCirrrenrt . N A -$11,574 Difference from Current % N/A -1.0.0%b Based on current enrollment, the renewal offer from Ameritas would result in over a $35,300 annual savings to employees. There would be no network disruption to members under this renewal offer and current accumulated benefits would remain in effect for members. FUNDING The Mutual of Omaha renewal is budget neutral with no increase in the employer paid premiums. The increase in premiums is limited to retiree life insurance premiums and premiums for the 49 closed class of voluntary life benefits (composite rate). These premiums increases are warranted due to increased risk associated with coverage in these areas. The Ameritas dental benefit is 100% employee paid and the 109/o reduction in premiums results in over a $35,300 annual savings to members based on current enrollment. RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve the renewal agreement for basic life, voluntary life, voluntary retiree life, voluntary long-term disability with Mutual of Omaha and the renewal agreement for dental insurance with Ameritas and authorize the Chairman of the Board to sign acceptance of the renewal offers with two year rate guarantees through September 30, 2020. 50 Revised Renewal Information and Exhibits. Prepared For: Indian River County Government Group ID: GOOOAJFS Renewal Effective Date: October 1, 2018 Generated on: May 11, 2018 Mutual of Omaha - Confic%tial V. MurmaL-JOmaHa Thank you for choosing Mutual of Omaha as Indian River County Government's benefits provider. It has been our pleasure to provide Indian River County Government with group benefits and services that are unique to its needs. Mutual of Omaha is committed to providing unparalleled service that will meet the needs of our customers. Each renewal period, we analyze current benefit and rate structures to determine the appropriate rates for continued group insurance protection for your valued employees. This process includes recalculation of the premium rates to reflect factors like: • Plan features • Demographics • Experience • Any adjustments to our underlying rate structure Based on our review, please find below the renewal rates for Indian River County Government's benefit plans. We appreciate your business and look forward to the continued opportunity to meet your group insurance needs. Renewal Contact Information Gregory Hunter Renewal Executive Orlando Group Office 407/691-3357 Gregory.Hunter@mutualofomaha.com 52 0. MuTuawOmam INDIAN RIVER COUNTY GOVERNMENT LIFE AND AD&D Rate Guarantee Period - October 1, 2018 to October 1, 2020 Additional. Value Added Services Included - Travel Assistance/Identity Theft Assistance Life Class Description All Eligible Active Elected Officials and Employees Emnlovee Rate Basis -Der $1.000 Lives Current Rate Renewal Rate 1385 $0.168 $0.168 Child(ren) Rate Basis - per $10,000 Lives Current Rate Renewal Rate 866 $0.60 $.60 Class Description All Eligible Active Paramedics Ermlovee Rate Basis - per $1,000 Lives Current Rate Renewal Rate 6 $0.168 $0.168 Child(ren) Rate Basis - ner $10.000 Lives CurrentRate Renewal Rate 4 $0.60 $.60 Class Description All Eligible Grandfathered Retirees Who Retired Prior To 10/01/1999 (Closed Class) Emplovee Rate Basis -per $1,000 Lives Current Rate Renewal Rate 23 $0.50 $0.70 Class Description All Eligible Retirees Who Retired On Or After 10/01/1999 Emnlovee Rate Basis - ner $1.000 Lives Current Rate Renewal Rate 254 $0.50 $0.70 53 INDIAN RIVER COUNTY GOVERNMENT Class Description All Eligible Active Elected Officials and Employees Employee Rate Basis - per $1,000 Lives Current Rate Renewal Rate 1385 $0.03 $0.03 Class Description All Eligible Active Paramedics Emolovee Rate Basis - ner $1.000 Lives Current Rate Renewal Rate 6 $0.03 $0.03 MUTUdofOmam 54 INDIAN RIVER COUNTY GOVERNMENT VOLUNTARY LIFE AND AD&D Rate Guarantee Period - October 1, 2018 to October 1, 2020 Voluntary Life Class Description All Other Eligible Employees Emolovee & Spouse Rate Basis - per $1.000 Age of Employee Lives Current Rate Renewal Rate Less than 24 5 $0.03 $0.03 25-29 28 $0.04 $0.04 30-34 28 $0.05 35-39 56 $0.08 $0.08 40-44 60 $0.13 $0.13 45-49 90 $0.23 $0.23 50-54 68 $0.38 $0.38 55-59 51 $0.68 $0.68 60-64 22 $0.73 $0.73 65-69 9 $1.27 $1.27 70-74 3 $2.27 $2.27 75-79 0 $8.70 $8.70 80-84 0 $8.70 $8.70 85-89 0 $8.70 $8.70 90-100 0 $8.70 $8.70 0 MUTUdWOmaNa 55 INDIAN RIVER COUNTY GOVERNMENT Rate Guarantee Period - October 1, 2018 to October 1, 2020 Voluntary Life Class Description All Eligible Emnlovees With Age Banded Rating Age of Employee Lives Current Rate Renewal Rate Less than 24 0 $0.03 $0.03 25-29 0 $0.04 $0.04 30-34 0 $0.05 $0.05 35-39 0 $0.08 $0.08 40-44 0 $0.13 $0.13 45-49 1 $0.23 $0.23 50-54 3 $0.38 $0.38 55-59 13 $0.68 $0.68 60-64 6 $0.73 $0.73 65-69 2 $1.27 $1.27 70-74 0 $2.27 $2.27 75-79 0 $8.70 $8.70 80-84 0 $8.70 $8.70 85-89 0 $8.70 $8.70 90-100 0 $8.70 $8.70 Class Description All Eligible Grandfathered Employees With Composite Rating (Closed Class) Age of Employee Lives Current Rate Renewal Rate Less than 24 0 $0.38 $0.50 25-29 0 $0.38 $0.50 30-34 0 $0.38 $0.50 35-39 0 $0.38 $0.50 40-44 0 $0.38 $0.50 45-49 1 $0.38 $0.50 50-54 4 $0.38 $0.50 55-59 12 $0.38 $0.50 60-64 17 $0.38 $0.50 65-69 7 $0.38 $0.50 70-74 2 $0.38 $0.50 75-79 1 $0.38 $0.50 80-84 0 $0.38 $0.50 85-89 0 $0.38 $0.50 90-100 0 $0.38 $0.50 Mumauf0maua 56 INDIAN RIVER COUNTY GOVERNMENT Rate Guarantee Period - October 1, 2018 to October 1, 2020 Voluntary AD&D Class Description. All Other Eligible Employees Employee & Spouse Rate Basis - per $1,000 Lives Current Rate Renewal Rate 420 . $0.03 $0.03 Class Description All Eligible Employees With Age Banded Rating Emnlovee & Snouse Rate Basis - oer $1.000 Lives Current Rate Renewal. Rate 25 $0.03 $0.03 Class Description All Eligible Grandfathered Employees With Composite Rating (Closed Class) Emnlovee & Snouse Rate Basis - ner .% 1.000 Lives Current Rate Renewal Rate 44 $0.04 $0.04 57 INDIAN RIVER COUNTY GOVERNMENT VOLUNTARY LONG-TERM DISABILITY Rate Guarantee Period - October 1, 2018 to October 1, 2020 Class Description All Eligible Paramedics Electing the 90 Day Elimination Period Plan Employee Rate Basis - per $100 of Monthlv Covered Payroll Age of Employee Lives Current Rate Renewal Rate Less than 19 0 $0.100 $0.100 20-24 0 $0.100 $0.100 25-29 0 $0.100 $0.100 30-34 1 $0.176 $0.176 35-39 0 $0.217 $0.217 40-44 0 $0.315 $0.315 45-49 1 $0.488 $0.488 50-54 1 $0.716 $0.716 55-59 2 $0.865 $0.865 60-64 0 $0.902 $0.902 65-69 0 $0.902 $0.902 70-99 0 $0.902 1 $0.902 Class Description All Eligible Paramedics Electing the 180 Day Elimination Period Plan Age of Employee Lives Current Rate Renewal Rate Less than 19 0 $0.081 $0.081 20-24 0 $0.081 $0.081 25-29 1 $0.081 $0.081 30-34 0 $0.143 $0.143 35-39 0 $0.181 $0.181 40-44 0 $0.263 $0.263 45-49 0 $0.407 $0.407 50-54 0 $0.598 $0.598 55-59 0 $0.721 $0.721 60-64 0 $0.751 $0.751 65-69 0 $0.751 $0.751 70-99 0 $0.751 $0.751 MUTUAL-J0MdHa 58 INDIAN RIVER COUNTY GOVERNMENT VOLUNTARY LONG-TERM DISABILITY Rate Guarantee Period - October 1, 2018 to October 1, 2020 Class Description All Other Eligible Emnlovees Electing the 90 Dav Elimination Period Plan Age of Employee Lives Current Rate Renewal Rate Less than 19 0 $0.100 $0.100 20-24 29 $0.100 $0.100 25-29 84 $0.100 $0.100 30-34 60 $0.176 $0.176 35-39 70 $0.217 $0.217 40-44 68 $0.315 $0.315 45-49 105 $0.488 $0.488 50-54 93 $0.716 $0.716 55-59 98 $0.865 $0.865 60-64 50 $0.902 $0.902 65-69 18 $0.902 $0.902 70-99 1 3 1 $0.902 $0.902 Class Description All Other Eligible Employees Electing the 180 Day Elimination Period Plan Age of Employee Lives Current Rate Renewal Rate Less than 19 0 $0.081 $0.081 20-24 2 $0.081 $0.081 25-29 5 $0.081 $0.081 30-34 4 $0.143 $0.143 35-39 9 $0.181 $0.181 40-44 8 $0.263 $0.263 45-49 9 $0.407 $0.407 50-54 10 $0.598 $0.598 55-59 10 $0.721 $0.721 60-64 1 11 $0.751 1 $0.751 65-69 2 $0.751 $0.751 70-99 2 $0.751 $0.751 m MuTudufomaw 59 Mutal of Omaha Long Term Disability Contract U- date : Why did Mutual of Omaha update our LTD contracts? To ensure that you and your employees are insured with modern, !best -in -class provisions that lead the industry; we continually look for ways to improve the, products and services we offer. With your renewal, you will receive an updated LTD contract that offers our latest language and benefit provisions. • New Earnings Definitions Our long-term disability contract now has a new standard earnings definition. Long, -term disability contracts that utilized a month prior earnings average will now include our standard earnings definition that uses earnings just prior to disability. Any averaging of commissions or bonuses will remain as previously elected. • No Earnings Loss During the Elimination Period tinder Our Definitions of Disability Our long-term disability contract now only considers a loss of at least one material duty during the elimination period. It does not require a loss of earnings. This definition of disability makes it easier for your, employees to qualify for disability.. New LTD Provision — individual Continuity of Coverage for Pre-existing Condition Provision Our new long-term disability contract now includes a provision that counts time served towards the preexisting condition provision for your new hires that had prior group long-term disability coverage that was not with you, as the ,policyholder. This is a new standard feature in every new long-term disability contract, is unique to the industry and .provides a benefit to new employees you hire into your organization. Contact your sales .representative or service team for more information. Will benefits or claims be affected by the update? There will be no change in how benefits are paid for claims submitted prior to the effective date of the upgrade. The new contract provisions are effective as sbon as the new contract becomes effective for your group. 60 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Stan Boling, AICP, Community Development Director FROM: Sasan Rohani, AICP, Chief, Long -Range Planning DATE: June 4, 2018 SUBJECT: First Amendment to the Treasure Coast HOME Program Consortium Inter -local Agreement to Include Additional Jurisdictions It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 12, 2018. BACKGROUND & ANALYSIS Although the HOME Investment Partnership program is competitive for individual small jurisdictions, large jurisdictions get entitlement funding from the HOME program. Smaller jurisdictions can also become entitlement communities if several join together and establish a HOME consortium. By being part of a HOME consortium, a smaller county such as Indian River County does not need to compete with other applicants for HOME funds. Currently, Indian River County is part of a HOME consortium with Martin and St. Lucie Counties. Consequently, as long as Indian River County is part of the Treasure Coast HOME program consortium with St. Lucie County and Martin County, the county will receive HOME funds each year. In order to receive the HOME funds from HUD the Indian River County Board of County Commissioners (BCC) passed Resolution No. 2006-057 and authorized execution of the Treasure Coast HOME Consortium agreement. Later, on August 8, 2007, Indian River County entered into an agreement with Martin and St. Lucie Counties to form the Treasure Coast HOME Consortium. St. Lucie County is the lead agency for the Treasure Coast HOME Consortium; it receives all HOME funds, processes all applications, and disburses all HOME funds. The HOME program planning and funding cycle operates in multi-year increments. As structured, St. Lucie County retains all program administration funds to fund its cost of running the program. Since forming the Treasure Coast HOME Consortium, 50 households within Indian River County have been assisted with about $900,000 in HOME funds. Currently, Indian River County receives about $82,500 of HOME funds per year. Within Indian River County, HOME funds are used by Habitat for Humanity's clients to assist with down payment/closing costs and/or construction of new homes. On April 4, 2017 and then on April 3, 2018, the Board voted 5-0 to continue Indian River County's participation in the HOME Consortium. Based on the Board's decision, county staff confirmed that IRC intends to participate in the next HOME Program consortium cycle. 61 Recently, County staff was notified by St. Lucie County staff that the City of Port St. Lucie and the Villages of Indiantown want to join the Treasure Coast HOME Consortium. At that time, Indian River County staff asked if there was an option of adding any willing Indian River County municipalities to the consortium. St. Lucie County staff indicated that was an option. Subsequently, Indian River County staff coordinated with the City of Fellsmere (which has expressed an interest in joining the consortium) and St. Lucie County staff regarding adding the City of Fellsmere to the consortium. Attached is the first amendment to the Consortium Inter -local Agreement which includes the City of Fellsmere, the City of Port Saint Lucie, and the Villages of Indiantown. According to St. Lucie County, if those three jurisdictions join the consortium, there would be no impact on the amount of HOME funding for Indian River County, Martin County, or St. Lucie County, as each city will get their own share of HOME funding above and beyond what the 3 county consortium would get without the municipalities. Per current funding level, as a member of the consortium, the City of Fellsmere will get about $15,000 per year. To expand the consortium membership, each member must sign the attached amendment to the consortium inter -local agreement. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached first amendment to the Treasure Coast HOME Program Consortium Inter -local Agreement and direct the Chairman and County Attorney to sign the agreement. ATTACHMENT First amendment to the inter -local agreement concerning HUD HOME Investment Partnership Act program consortium. F:\Community Development\HOME Program\HOME PROGRAM ADMIN files\2018 BCC Report\2018 BCC Staff Report June 12, 2018 first amendment to the HOME consortium - revised.docx 62 FIRST AMENDMENT TO INTERLOCAL AGREEMENT CONCERNING HUD HOME INVESTMENT PARTNERSHIP ACT PROGRAM CONSORTIUM THIS FIRST AMENDMENT is made and entered into by and between Indian River, Martin and St. Lucie Counties, political subdivisions of the State of Florida, hereinafter referred to collectively as the "Counties", the City of Port St. Lucie, a Florida municipal corporation, hereinafter referred to as "Port St. Lucie", the Village of Indiantown, a Florida municipal corporation, hereinafter referred to as "Indiantown", and the City of Fellsmere, a Florida municipal corporation, hereinafter referred to as "Fellsmere". WHEREAS, the National Affordable Housing Act of 1990 has authorized the HOME Program to provide financial assistance through the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD", to local governments for the production of affordable housing; and WHEREAS, in 2007 the Counties entered into an Interlocal Agreement to create a consortium under the HOME Investment Partnerships Act for the purpose of becoming a participating jurisdiction In the HOME Program in order to increase the availability of affordable housing for their respective residents, hereinafter referred tows the "Interlocal Agreement"; and WHEREAS, Port St. Lucie, Indiantown, and Fellsmere desire to be added to the HOME Consortium in order to increase the availability of affordable housing for their respective residents; and, WHEREAS, the Counties are willing to amend the Interlocal Agreement in order for Port St, Lucie, Indiantown, and Fellsmere to become members of the HOME Consortium for the benefit of their residents. NOW THEREFORE, in consideration of the foregoing and mutual covenants hereinafter contained, the Interlocal Agreement is hereby amended to read as follows: 1. SECTION 2, MEMBERS OF CONSORTIUME, is hereby amended to read as follows: SECTION 2. MEMBERS OF CONSORTIUM Indian River County, Martin County. aM St. Lucie Cw„ties Countv, F19FIda the City of Port St. Lucie, the Village of Indiantown, and the City of Fellsmere. are the members of the .Consortium and upon mutual execution of this Agreement by the parties, the `Treasure Coast HOME Consortium", hereinafter referred to as "Consortium", shall be-, formed. The members shall remain bound by the terms and conditions of this Agreement for its duration and shall be prohibited from withdrawing from the Consortium during such period, except as provided for in Section B of this Agreement. The Consortium Agreement remains in effect until the HOME funds from each of the Federal fiscal years of the qualification period are expended for eligible activities. No consortium member may withdraw from the Agreement while the Agreement remains in effect. 2. SECTION S. CONSOLIDATED PLAN, is hereby amended to read as follows: AT I 63 SECTION 5. CONSOLIDATED PLAN The dies parties shall cooperate In the preparation of the Consolidated Plan which shall apply to the Ceentiesan rties and which shall meet the requirements of applicable Federal Regulations. 3. SECTION 6. ALLOCATION OF FUNDING, is hereby amended to read as follows: SECTION 6. ALLOCATION OF FUNDING Allocation of HOME funds allowed for administration shall be based on the existing HOME funds percentage allocation process with respect to the annual HOME allocation provided by the U.S. Department of Housing and Urban Development for the Consortium, except that St. Lucie County as lead entity shall be entitled to up to 20% of the HOME funds allowed for administration. The implementation of the Consolidated Plan and the allocation of Federal HOME funding associated therewith shall be established by written memoranda issued by St. Lucie County through its authorized representative. The Cedesap rties shall be responsible for administering, respectively, the HOME Program funds distributed to each. The Consortium members reserve the right to alter the distribution of funds between the jurisdictions by mutual written approval should such alteration be deemed in best interest of all parties to this Agreement. 4. SECTION 7. CERTIFICATIONS, is hereby amended to read as follows: SECTION 7. CERTIFICATIONS The C untiesap rties certify that each will cooperate with the other to undertake or aid in undertaking housing assistance activities for the HOME Investments Partnerships Program and that each will affirmatively further fair housing. Further, the des parties will comply with the requirement of the Uniform Relocation Assistance and Real. Property Acquisitions Policies Act of 1970, as amended, implementing regulations of 49 CFR Part 24, and the requirements governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974. 5. SECTION 11. NOTICES, is hereby amended to read as follows: SECTION 11. NOTICES Formal notices issued under the terms of this Agreement shall be sent, by U.S. Mail as follows: Indian River County With a Copy to: County Administrator County Attorney 1840 251h Street 1840 251h Street 2 64 Vero Beach, FL 32960 Martin County: County Administrator 2401 SE Monterey Road Stuart, FL 34996 St. Lucie County: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 City of Port St. Lucie: City Manager 121S.W. Port St. Lucie Boulevard Port St. Lucie, FL 34984 Village of Indiantown: Village Manager 165SO S.W: Warfield Boulevard Indiantown, FL 34956 City of Fellsmere: City Manager 22 S. Orange Street Fellsmere. FL 32948 Vero Beach, FL 32960 With a Copy to: County Attorney 2401 SE Monterey Road Stuart. FL 34996 With a Copy to: County Attorney 2300 Vireinia Avenue Fort Pierce, FL 34982 With a Copy to: City Attorney 121 S.W. Port St. Lucie Boulevard Port St. Lucie, FL 34984 With a Copy to: Village Attorney 16550 S.W. Warfield Boulevard Indiantown, FL 34956 With a copy to: City Attorney 22 S. Orange Street Fellsmere, FL 32948 IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. BOARD OF COUNTY COMMISSIONERS ATTEST: INDIAN RIVER COUNTY, FLORIDA Deputy Clerk 3 BY: Chair DATE: APPROVED AS TO FORM AND CORRECTNESS: 65 County Attorney BOARD OF COUNTY COMMISSIONERS ATTEST: MARTIN COUNTY, FLORIDA BY: Deputy Clerk Chair DATE: APPROVED AS TO FORM AND CORRECTNESS: County Attorney BOARD OF COUNTY COMMISSIONERS ATTEST: ST, LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair DATE: APPROVED AS TO FORM AND CORRECTNESS: County Attorney ATTEST: CITY OF PORT ST. LUCIE BY: Deputy Clerk Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: 4 66 ATTEST: ATTEST: Deputy Clerk Deputy Clerk 5 BY: City Attorney VILLAGE OF INDIANTOWN BY: Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: VILLAGE Attorney CITY OF FELLSEMERE BY: Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney 67 ADDENDUM TO EXHIBIT 1 AUTHORIZING RESOLUTIONS FROM PORT ST. LUCIE, INMANTOWN AND FELLSMERE (ATTACHED) 68 CONSENT: 6/12/2018 ?1 Ofce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: June 5, 2018 ATTORNEY SUBJECT: Acceptance of Dedication of Lot 26, Block 15, Whispering Palms, Unit V Lot 26, Block 15, Whispering Palms, Unit V, a vacant parcel of property, was the subject of a tax deed sale on January 30, 2018; and the property was sold, subject to governmental liens, to Andrea Vassallo, with a Tax Deed recorded at Book 3094, Page 94 of the Public Records of Indian River County, Florida. On June 1, 2018 the Recording Office. received for recording a "Grant Deed" from Andrea Vassallo to Indian River County and the Clerk of Circuit Court. There are measures in place at the Recording Office where any property conveyed to the County requires legal signoff or acceptance; and since this deed lacks signoff or acceptance; the County Attorney's Office was contacted to ascertain whether this Grant Deed should be recorded. The property has an address of 303 8a' Avenue SW and a tax parcel identification number of 33-39-24-00003-0150-00026.0. The subject parcel is located just to the southeast of the former Oslo landfill and lies immediately east of property owned by the County for Utilities. Solid Waste has indicated that with regard to the former Oslo landfill, "No Further Action" status was received from FDEP with regard to the abandonment of wells, and Solid Waste does not anticipate any environmental issues with regard to the subject property as related to the former landfill. Additionally, upon reaching out to each department head to find out if the County would have any interest in this property, the Public Works Director indicated that the property would indeed be of use in the future for access or stormwater and/or other uses. 69 The County Attorney's Office also reached out to Jeffrey R. Smith, Clerk of Court and Comptroller, indicating that the County has an interest in taking title to the subject property, and the Clerk indicated his willingness to quitclaim his interest over to Indian River County. It is noted thatthe existing County governmental liens which survived this tax deed sale would merge with the fee when title is conveyed to Indian River County. Those liens consist of a utilities lien; court costs lien and a demolition lien — totaling $5,219.80 without accrued interest. FUNDING: The only cost associated with this item would be the recordation fees for recording a quitclaim deed from Jeffrey R. Smith, Clerk of Circuit Court and Comptroller to Indian River County. The recordation fees would be $19.20 and would come from General Fund/County Attorney/Recording Fees - Account No. 00110214-034830. RECOMMENDED ACTION: Staff recommends that the Board of County Commissioners authorize the Recording Office to move forward to record the Grant Deed from Andrea Vassallo with regard to the property identified as Lot 26, Block 15; Whispering Palms, Unit V; and authorize the Chairman of the Board of County Commissioners to execute the County's acceptance on the subsequent quitclaim deed from Jeffrey R. Smith, Clerk of Circuit Court and Comptroller to Indian River County, a political subdivision of the State: of Florida for recordation in the public records. /nhm Attachments; Grant Deed from Andrea Vassallo Quitclaim Deed from Jeffrey R. Smith, Clerk of Circuit Court and Comptroller 2 70 THIS SPACE PROVIDED FOR RECORDER'S USE ONLY: WHEN RECORDED RETURN TO: ANDREA VASSALLO 277 SPUR RANCH RD LAMY, New Mexico, 87540 GRANT DEED THE GRANTOR(S), - Andrea Vassallo, a single person, for and in consideration of: One Dollar ($1.00) and other good and valuable consideration grants to the GRANTEE(S): - State of Florida County Of Indian River, Jeffery R. Smith, Clerk of the Circuit Court and Comptroller of Indian River, Florida, 200016TH Avenue, Vero Beach, Indian River County, Florida, 32960, the following described real estate, situated in VERO BEACH, in the County of INDIAN RIVER, State of Florida: (LEGAL DESCRIPTION): . WHISPERING PALM SUB UNIT 5 BLK 15 LOT 26 PBI 6-67 Subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record the grantor .hereby covenants with the Grantee(s) that Page I of 3 71 Grantor is lawfully seized in fee simple of the above granted premises and has good right to sell and convey the same. Tax Parcel Number: 33-39-24-00003-0150-00026/0 Deed Drafted By: Andrea Vassallo 277 Spur Ranch Rd Lamy, New Mexico, 87540 Grantor Signatures: DATED: Andrea Vassallo 277 Spur Ranch Rd Lamy, New Mexico, 87540 STATE OF NEW MEXICO; COUNTY OF SANTA FE, ss: This instrument was acknowledged before me on this day of 2aP , by Andrea Vassallo. OFFICIAL SBAL JOsuH F BISAGNA1 Publ' NOTARY KXUC•STAn OF M a;W Y ac'e ignatureerson taking acknowledgment Y j'%7r�R y �J(j�i� Title (and Rank) My commission expires `146 80V PageW3 ar3 72 Witness Sign ores: Witness 27? S�'U!y�atirc�,n' New Mexico LA ,�6 - . Witness New Mexico Pago3 of3 73 COUNTY ATTORNEY'S OFFICE INDIAN RIVER COUNTY 1601 27th Street Vero Rech, Florida 32960 QUITCLAIM DEED THIS QUITCLAIM DEED, executed this day of June, 2018, by Jeffrey R. Smith, Clerk of Circuit Court and Comptroller of Indian River. County, Florida,, Grantor, whose mailing address is 2000 16th Avenue, Vero Beach, Florida 32960, to Indian River County, a political subdivision of the.State of Florida, Grantee, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. WITNESSETH: That Grantor, for and in consideration of the sum of One Dollar ($1.00), in hand paid by Grantee, the receipt whereof is hereby acknowledged, and other good and valuable consideration, does hereby quitclaim unto Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River, State of Florida, to -wit: Lot 26, Block 15, WHISPERING PALMS, Unit 5, according to the plat thereof, recorded in Plat Book 6, Page 67, Public Records of Indian River County, Florida. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. JEFFREY R. SMITH, CLERK OF CIRCUIT Signed in the presence of: COURT AND COMPTROLLER sign: printed name: sign: printed name: By: Jeffrey R. Smith 74 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged .before me this day of June, 2018, by Jeffrey R. Smith, Clerk of Circuit Court and Comptroller of Indian River County, Florida. He is personally known to me. I . NOTARY PUBLIC sign: printed name: Commission No.: Commission Expiration: ACCEPTANCE Indian River County hereby accepts the property being conveyed herein. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk APPR.OvEb AS TO FORM AsP4C: LECa�.L SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Board of County Commissioners Indian River County, Florida BCC approved: 75 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: . Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: June 1, 2018 SUBJECT: Harmony Reserve, LLC's Request to Rezone Approximately 2.15 Acres from RS -3, Residential Single -Family (up to 3 units/acre) and RM -6 Residential Single -Family (up to 6 unit/acre), to PD, Planned Development Residential, and to Modify the Conceptual PD Plan Approval for the Project known as Harmony Reserve PD [PD -18-04-02 / 97080101-81067] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 12, 2018. DESCRIPTION & CONDITIONS: This is a request by Harmony Reserve, LLC, through its agent Schulke, Bittle & Stoddard, LLC, to rezone approximately 2.15 acres and modify the conceptual and preliminary PD plan approvals for the Harmony Reserve PD (Planned Development). The subject 2.15 acres is currently zoned RS -3, Residential Single -Family (up to 3 units/acre) and RM -6, Residential Single -Family (up to 6 units/acres). As part of the rezoning request, a conceptual and preliminary PD plan has been submitted for review and approval. The overall Harmony Reserve PD site is located west of 58th Avenue, between 37th Street on the north and 33rd Street on the south, while the 2.15 acres to be added is located on the south side of 37th Street just west of 59th Avenue. The purpose of this request is to add two enclave parcels which consist of 2.15 acres and add 16 single-family lots to the overall Harmony Reserve project, raising the total number of units from 397 to 413. The applicant is not requesting any changes to lot sizes, setbacks, or any other lot dimension criteria. • Planning and Zoning Commission Action At its meeting of May 10, 2018, the Planning & Zoning Commission voted 6-0 to recommend approval of the rezoning and conceptual PD plan modification with the conditions recommended by staff and provided at the end of this report. The Board is now to consider the request and approve, approved with conditions, or deny the request. 76 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@442383BO\@BCL@442383BO.rtf I • Development Approval Options Available to the Developer There are two options available to the developer to seek approval of the proposed project. Either of the two options, if approved, would allow the applicant to proceed with the desired residential project. The options are as follows: Rezone the property to a conventional zoning district, such as RM -4, RS -6 or RM -6, then seek PD special exception use approval for the proposed development with lot size and setback waivers, or 2. Rezone the site to a PD zoning district that allows the proposed PD plan at a density not exceeding the site's underlying land use designation maximum density, consistent with the existing PD zoning for the remainder of the site. The existing Harmony Reserve project site is zoned PD. The developer has opted to apply for a PD rezoning (option #2 above) to incorporate the subject 2.15 acres into the overall Harmony Reserve PD project. If the subject application is approved, the site will be rezoned to PD and will be governed by an approved Harmony Reserve conceptual PD plan. The PD Zoning District, Generally A number of residential projects have been approved through the PD rezoning process. These include Pointe West, Old Orchid, Woodfield, Waterway Village, and Citrus Springs. Unlike standard zoning districts, PD districts have no prescribed limits regarding lot size or dimensional criteria. Instead, the PD district is based on the underlying land use plan designation for density and use limitations, and on PD compatibility requirements regarding lot sizes and setbacks. In the PD zoning district, setbacks and other typical zoning district regulations are established on a project -by -project basis through approval of a conceptual PD plan. Adopted as part of the PD zoning for a property, the conceptual plan establishes the unit arrangement, lot size, and dimensional standards for the project. A rezoning to the PD district requires submission of a binding conceptual PD plan which, along with certain PD district requirements, limits uses and sets -forth specific development standards on the site. Thus, a PD rezoning allows a unique PD district to be developed specifically for each development site. In this case, the proposed Harmony Reserve conceptual PD with the additional 2.15 acres will provide for the phased development of 317 (16 additional) single-family lots and 96 (unchanged) multi -family units (from 397 to 413 units total), as well as a clubhouse, recreation area, and various preservation areas. In planning staff's opinion, the PD rezoning option is an appropriate mechanism for approving residential development on the subject site, especially since the additional development will be fully integrated into the existing Harmony Reserve PD. Unlike other zoning districts, the PD zoning district allows the county to consider the appropriateness of the proposed development design and project benefits as part of the rezoning request. 77 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@442383B0\@BCL@442383BO.rtf 2 • The PD Rezoning Process The PD rezoning review, approval, and development process is as follows: STEP 1 Rezoning and conceptual PD plan approval: review and recommendation made by staff and by the PZC. Final action taken by the Board. STEP 2 Preliminary PD plan (combination of site plan and preliminary plat) approval: review and recommendation made by staff. Final action taken by the PZC, subject to the Board's action on the rezoning request. STEP 3 Land Development Permit or Permit Waiver: reviewed and issued by staff for construction of subdivision improvements (roads, utilities, drainage). STEP 4 Building Permit(s): reviewed and issued by staff for construction of buildings. STEP 5 Final PD Plat approval: review and recommendation made by staff. Final action taken by the Board. STEP 6 Certificate of Occupancy: issued by staff (after inspections) for use and occupancy of buildings. The applicant is pursuing STEPS 1 and 2 of the process. Once a PD conceptual plan is approved, only minor modifications to the conceptual plan may be approved at a staff level. Any changes proposed to an approved conceptual plan that would reduce setbacks, intensify the site use (e.g. increase the maximum number of lots), or reduce compatibility elements (e.g. reduce buffering) may be approved only via a process involving public hearings held by both the PZC and the Board, such as this request. This is such a request. If approved by the PZC and the Board, the next step in the process will be the land development permit process. • Proposed PD District for the Project Site The subject site has an L-2 land use designation. Since the land use designation controls the use of the property by limiting the zoning districts applicable to the property, any rezoning must be compatible with the uses and densities allowed by the property's land use designations. Once a specific PD rezoning is approved for a site, the applicable PD conceptual plan adopted as part of the rezoning will limit the type of specific uses and the densities allowed on the subject site. If approved this will modify the existing PD district. The approved conceptual plan has established the dimensional criteria applicable to the site, which will not change. Although PD zoning district parameters are flexible, certain standards related to uses, compatibility (buffering), infrastructure improvements, dimensional criteria, and open space areas are set forth in Chapter 915 (P.D. Process and Standards for Development ordinance) of the county's land development regulations (LDRs). The approved criteria which are not proposed to change are as follows: 78 C:\Users\legistar\AppData\L.ocal\Temp\BCL Technologies\easyMF 8\@BCL@442383BO\@BCL@442383BO.rtf 3 COMPARISON: RS -3 AND APPROVED PD DISTRICT Development Parameters/Waivers RS -3 Single -Family detached units, accessory dwelling Approved PD District Number of Lots -- 157 144 96 Minimum Lot Size 12,000 sq. ft. 6,200 sq. ft. 8,000 sq. ft. 3,168 sq. ft. Minimum Lot Width 80' 50' 65' 32' (multi -family villas Minimum Yard Setbacks: Front: Living Area 25' 20' 20' 15' Front: Front -Loaded Garage 25' 25' 25' 15' Front: Porch 25' 13' 13' 13' Front: Side -Loaded Garage 25' 13' 13' 13' Side 15' 5' 1 7.5' 5' 10' CW Rear 25' 20' 20' 5' Pool/Pool Enclosure Setbacks: Front 25' 20' 20' 5' Side 15' 5' 7.5' 5' Rear 10' 10' 10' 5' Patio and Deck Setbacks: Front 5' 13' 13' 13' Side 5' 5' 7.5' 5' Rear 5' 5' 5' 5' Maximum building coverage per lot 30% 36% (SF lots) / 70% (multi -family villas) Maximum impervious area per lot 60% 80% (SF lots) / 100% (multi -family villas) Minimum open sace per lot 40% 20% SF lots / 0% (multi -family villas Minimum open space project -wide 40% each lot 45% entire site: lots and common areas Minimum street right-of-way width 50' 42' with parallel 5' wide utility easements on each side (10' total) Note: CW = Common wall setback is 0' Note: There is no changed proposed to the dimensional criteria. The total number of units will increase by 16 single family units from 397 to 413. Also proposed: • A reduction in the standard roadside planting area width from 6' to 4', subject to Public Works review and approval during the land development permit process. USE TABLE RS -3 District Uses APPROVED PD DISTRICT USES Single -Family detached units, accessory dwelling Single-family and multi -family residential units, places of worship, childcare, recreational uses, units and accessory recreational uses. and other uses as listed in LDR section 911.07. 79 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@442383BO\@BCL@442383BO.rtf 4 It should be noted that, if the PD rezoning is approved, the approved conceptual PD plan will be included as an actual exhibit to the rezoning ordinance. In addition to the above referenced project standards, the conceptual PD plan also regulates buffering, certain design improvements, and the overall subdivision layout. REZONING ANALYSIS: The 2.15 acres consist mostly of parcels previously developed with a few residential buildings and a pond. All existing structures will be removed. South, East, & West of the subject 2.15 acre site is the existing Harmony Reserve PD project with a remaining enclave parcel located further south of the 2.15 acres to be added. North of the subject 2.15 acre site, across 37th Street, the area is zoned RS -3 and predominately development with large lot single-family sites. As is standard for residential PDs, the Harmony Reserve development will have a minimum 25' building setback from all project perimeters. Consistency with the Comprehensive Plan Rezoning requests are reviewed for consistency with the policies of the comprehensive plan and must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. Consistency with goals, objectives, and policies is also essential. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan which identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following policies and objectives. • Future Land Use Policies 5.3 and 5.4 Policy 5.3: Indian River County zoning districts shall permit a variety of residential building and development styles. Policy 5.5: Indian River County LDRs shall contain a special Planned Development (PD) zoning district. That district shall be designated as an overlay on the County Zoning Atlas. The PD zoning district is intended to provide for the development of projects which require flexibility in order to maximize open space, conserve natural features, provide alternative designs, incorporate recreational facilities, create a mix of uses, and provide a variety of housing choices. The proposed PD district is consistent with these policies because the Harmony Reserve PD plan proposes a mixture of residential building types with significant common open space. In addition, the PD plan uses the flexibility provided by the PD process to provide a mix of housing units while still preserving significant environmental features of the site. 80 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@442383BO\@BCL@442383BO.rtf 5 • Future Land Use Element Policies 1.11 and 1.12 Future Land Use Element Policy 1.12 states that the L-1, Low Density Residential 1, and L-2, Low Density 2, land use designations are intended for residential uses with densities up to 3 and 6 units/acre, respectively. In addition, Future Land Use Element Policy 1.11 states that these residential uses must be located within an existing or future urban service area. Because the subject property is located within an area designated as L-2 on the county's future land use plan map and is located within the county's urban service area, and because the proposed PD zoning district provides for residential uses that are less than 6 units/acre in accordance with the site's L-2 designation, the proposed request is consistent with Policies 1.11 and 1.12. While the referenced policies and objectives are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all plan policies and objectives. Based on that evaluation, staff determined the proposed PD district is consistent with the comprehensive plan. Concurrency A conditional concurrency certificate has been issued for the project. Concurrency is discussed in more detail in the PD Plan Analysis section of this staff report Compatibility Compatibility is an important consideration in any PD rezoning request. In this case, it is important to consider compatibility of the proposed project with properties in the area. The 2.15 acres to be added to the Harmony Reserve PD were previously an enclave with the Harmony Reserve PD bordering the subject site on 3 sides (East, West, and South). The subject site was recently owned by Breath of Heaven Ministries of the Treasure Coast East. Inclusion of the subject site will increase compatibility by creating a more consistent development pattern, and eliminating adjacent enclave parcels. Environmental Impacts and Concurrency These issues are evaluated in the analysis section of this report (see below), and have been adequately addressed. Rezoning Review Standards: Section 902.12 contains standards for reviewing a zoning change and that section is included as attachment #3. This staff report addresses those standards either specifically or in general terms where appropriate. Based on staff's review, the application and analysis adequately address the applicable review standards in section 902.12. 81 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@442383B0\@BCL@442383B6.rtf 6 Conclusion on PD Rezoning: Subject to the conditions recommended at the end of this report, the requested PD rezoning and associated conceptual and preliminary PD plan are compatible with the surrounding area, are consistent with the Comprehensive Plan, meet all concurrency requirements, and are consistent with the site's L-2 (Low Density 2 (up to 6 units/acre) land use designation and applicable LDRs, including PD regulations. PD Plan Analysis: 1. Size: 122.06 acres (existing gross) 2.15 acres addition 124.21 acres 2. Zoning Classification: Current: RS -3, Residential Single -Family (up to 3 units/acre) RM -6, Residential Multi -Family (up to 6 units/acre) Proposed: PD, Planned Development (up to 3.32 units/acre) 3. Land Use Designation: L-2, Low Density 2 (up to 6 units/acre) 4. Density: 397 units on 122.06 acres; 3.26 units/gross acres (existing) 413 units on 124.21 acres, 3.32 units/gross acres (proposed) 5. Open Space: Required: 40.0% Provided: 45.9% (approved) 45.3% (proposed) Note: Open space includes areas with private yards and common open space tracts (preservation areas, buffers). 6. Recreation Area: Required: 9.17 acres Provided: 10.78 acres (approved) 11.05 acres (proposed) Note: Recreation areas include a clubhouse and associated recreation tract, and conveniently accessible common open space areas including some preservation areas. 7. Phasing: The proposed 2.15. acre addition will affect phase 3. As approved, the project is proposed to be constructed in 4 phases with each phase containing approximately 100 units per phase. Phase 1 will be located in the south central portion of the site, with phase 2 located to the west along the majority of the overall project's west perimeter. Phase 3 will include the north portion of the project, with phase 4 located along the eastern portion of the overall project. A brief description of the phasing is as follows: 82 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@442383BO\@BCL@442383BO.rtf 7 Phase 1 includes 68 single-family lots and 26 multi -family villa units, the 33rd Street entry and sidewalk, littoral zone and on-site wetland mitigation, a clubhouse and recreation site, and related stormwater management areas. Phase 1 is platted and subdivision improvements are complete. Phase 2 includes 64 single-family lots and 24 multi -family villa units, and related stormwater improvements. Phase 2 is platted and subdivision improvement construction is nearing completion (guaranteed by posted security). Phase 3 will increase in size by 2.15 acres and go from 76 single-family lots to 92 single-family lots and 24 multi -family villa units and will include access to 37' Street and stormwater improvements. At this time, no construction has occurred in Phase 3 and that phase is currently unplatted. If the modified preliminary PD plan is approved for Phase 3, the next step will be for the developer to apply for a land development permit for the Phase 3 subdivision improvements consistent with the approved (modified) preliminary PD plan. Phase 4 includes 94 single-family lots, 24 multi -family villa units, 58th Avenue sidewalk, and stormwater improvements. At this time, no construction has occurred in phase 4 and that phase is currently unplatted. The next step in the process for Phase 4 will be to apply for a land development permit when the applicant chooses. 8. Environmental Issues: The subject 2.15 acres does not have any code related environmental issues due to previous development on the site. All existing structures will be removed, while the existing pond will remain. 9. Concurrency Management: The applicant has obtained a conditional concurrency certificate for 16 additional units, which satisfies the requirement for rezoning and conceptual PD plan approval. 10. Stormwater Management: As with standard single-family subdivisions, a stormwater management plan is required prior to preliminary PD plan/plat approval. For this project, a preliminary stormwater management plan has been approved by the Public Works Department. The stormwater system will consist of a series of interconnected lakes that collect, hold, and treat stormwater and then discharges the treated stormwater in the Indian River Farms canal located on the south side of 37th Street. The preliminary stormwater plan has been reviewed and approved by Public Works. Review and approval of the final stormwater management plan will be accomplished through the lands development permit review and approval process. 11. Thoroughfare Plan: The 2.15 acre addition has frontage on 37th Street which is a Thoroughfare plan road. • 37th Street is classified as an urban arterial requiring 90' of ultimate right-of-way. Since the project is located on the south side of the sub -lateral canal that separates the site from 37th Street, no additional right-of-way is required for 37th Street with 83 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@442383BO\@BCL@442383BO.rtf 8 the exception of a 40' corner clip at the corner of 58th Avenue and 37th Street. The corner clip is shown on the conceptual and preliminary PD plan and is to be dedicated to the County without compensation prior to issuance of the project's first land development permit. 12. Traffic Circulation: There is no change to the overall traffic circulation system or conditions which are described below from the previous approval. Internal access to the two parcels have been provided by extending a cul-de-sac which provides access to the proposed new lots. The internal circulation plan has been reviewed and approved by Traffic Engineering. The applicant proposes two gated access points to the project, one on 33rd Street and one on 37th Street. No connection to 58th Avenue is proposed. The 33rd Street driveway will be a full movement driveway that will align with 62 Avenue, provide initial access to the development, and be served by a westbound right -turn lane. The access and turn lane will be constructed in the project's first phase. The 37th Street driveway will be located on the western portion of the project and will serve as a full movement driveway. This driveway will be improved at an interim level in phase 1 to serve as a construction and emergency access driveway during construction of phases 1 — 2, and then will be improved as a permanent project entrance in phase 3, and possible off-site improvements to be re-evaluated prior to the issuance of an LDP for Phase 4 are described below. All streets are proposed to be private. All access points and the internal circulation has been approved by Traffic Engineering and Fire Prevention. A traffic impact analysis (TIA) has been reviewed and approved by Traffic Engineering. Based on the TIA, the following improvements are required: 1. A westbound right -turn lane on 33rd Street at the project entrance (phase 1). 2. A westbound left -turn lane on 37th Street at the project entrance (phase 4). The westbound left -turn lane on 37th Street in phase 4 is subject to an option for the developer to re -analyze the turn lane warrant prior to issuance of a land development permit for phase 4. Unless a re -analysis is approved by Public Works that documents that a westbound left -turn lane on 37th Street at the project entrance is not warranted, the turn lane must be constructed prior to issuance of a certificate of completion for phase 4. If a re -analysis approved by Public Works demonstrates that the westbound turn lane is not warranted, then the turn lane will not be required by the County. 13. Utilities: Connection to public water and wastewater are required and proposed by the applicant. These utility provisions have been approved by the Health Department and the County Department of Utility Services. 14. Dedications and Improvements: The following dedication and improvement is required and related to the addition of the 2.15 acres. 84 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@442383BO\@BCL@442383BO.rtf 9 Enclave Parcels/Albrecht Acres: With the inclusion of these two parcels, there is now a single enclave parcel located in the northern part of the project site. - That parcel is part of Albrect Acres, a subdivision which was platted in 1946 but never formally developed. The Harmony Reserve project will re -plat the vast majority of Albrecht Acres. Through the PD final plat process, the Harmony Reserve re -plats that affect portions of Albrecht Acres will need to be structured. so as not to eliminate or interfere with any of the rights afforded by the original plat that provide for access and services to the one remaining enclave parcel. 15. Landscape and Buffering Plan: The conceptual landscape plan meets the criteria of Chapter 926 for conceptual plan approval. Detailed landscape plans will be submitted with the land development permit plans and must be approved by staff prior to the issuance of a land development permit. Specific to the 2.15 acre addition, a 25' wide Type B buffer will be provided on all exterior perimeters, including a wider setback adjacent to the north boundary of the enclave parcel. A conceptual landscape plan has been provided, and a Type `B" buffer is proposed around the perimeter of the entire development including the remaining enclave parcel. The buffer is provided as native upland preservation area (minimum width of 50'), wetland mitigation area with vegetation, or more formal landscape buffers with a minimum 25' width. The 6' opaque feature required and provided around the project perimeter will vary between an all -vegetation barrier and a berm with vegetation. Berming will be avoided where fill would conflict with preserving existing native vegetation. Detailed plans for opaque features will be submitted with the land development permit plans. Public Benefits of the PD Plan For all PD projects, planning staff asks applicants to identify the public benefits that their project will provide above and beyond conventional development in exchange for the county approving reduced setbacks and other waivers from conventional standards. In this case, the project will provide substantial open space along 33rd Street and 37th Street, dedicate the ultimate right-of-way for 58th Avenue and 33' Street, provide stormwater capacity for future improvements to adjacent roads, preserve native uplands in excess of LDR requirements, and provide enhanced perimeter buffers. To facilitate joint use of the project's stormwater system, the developer will grant an easement to the county for stormwater purposes. Use of the stormwater system will enable the county to design roadway projects within less right-of-way area, resulting in less right-of-way acquisition impacts on property owners in the future. Details of the easement and stormwater capacity provisions will be addressed through the preliminary PD plan and land development permit processes. In addition to the public benefits described above, the project is designed with internal benefits for project residents, including significant recreational facilities and comprehensive architectural controls. 85 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@442383BO\@BCL@442383BO.rtf 10 Conditions The applicant has agreed to the conditions included in staff's recommendation. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant approval of the PD rezoning request and the PD conceptual plan, subject to the conditions that were attached to the original Harmony Reserve PD approval which are re -stated as follows: 1. Prior to issuance of the first land development permit, the applicant shall: a. Dedicate without compensation the ultimate road right-of-way for 33rd Street and 58th Avenue, including the 40' corner clip at 37th Street, as shown on the conceptual PD plan. [Complete] b. Obtain planning staff approval of detailed landscape and opaque feature plans for the common areas and perimeter buffers, as shown on the conceptual PD plan. [Ongoing] c. Document that the site's drainage system has stormwater capacity to handle run-off from improvements to 33rd Street and 58th Avenue, in a manner acceptable to Public Works. [Ongoing] d. Obtain release for the portion of the Murphy Act Easement that affects the project site and lies outside of the ultimate right-of-way for 58th Avenue. [Complete] 2. Prior to issuance of a land development permit for any respective phase, the applicant shall: a. Provide a gopher tortoise relocation permit or clearance letter from the Florida Fish and Wildlife Commission for the affected phase. [Ongoing] b. Provide documentation that wood stork (wading bird) mitigation is adequately addressed by obtaining a jurisdictional permit or clearance letter. [Ongoing] 3. Prior to issuance of a certificate of completion for any project phase or sub -phase, the applicant shall construct required improvements such as sidewalks and buffers that are tied to that specific phase or sub -phase, or otherwise guarantee completion of the improvements as provided for in the LDRs. a. Prior to issuance of a certificate of completion for phase 1, a west bound right -turn lane shall be constructed on 33rd Street at the project's entrance. [Complete] 86 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@442383BO\@BCL@442383BO.rtf 11 b. Prior to issuance of a certificate of completion for phase 4, a west bound left -turn lane shall be constructed on 37th Street at the project's entrance, unless a reanalysis is approved by Public Works that demonstrates that the left -turn lane is not warranted. [Future] 4. Prior to issuance of a certificate of completion for phase 2, the applicant shall complete a community pool and a clubhouse (minimum enclosed building area of 5,000 sq. ft.). [Complete] 5. Prior to or via the final plat process, the applicant shall establish conservation easements over existing native upland and wetland areas, as shown on the conceptual PD plan. [Ongoing] 6. Via the final plats for the portions of the project that are adjacent to 33rd Street and 58th Avenue, the applicant shall dedicate drainage easements to the County to accommodate stormwater run-off treatment for improvements to 33rd Street and 58th Avenue. [Ongoing] 7. The Harmony Reserve project site shall revert to its original RS -3 zoning if project construction has not commenced within 7 years of the date of the conceptual PD plan and PD rezoning approval. [Reverter no longer applicable] 8. Lots on the project perimeter shall be restricted to one story homes. [Ongoing] 9. Via the PD final plat process, the Harmony Reserve re -plats that affect any portion of Albrecht Acres shall be structured so as not to eliminate or interfere with any of the rights afforded by the Albrecht Acres plat that provide for access and services to the enclave parcels. [Ongoing] ATTACHMENTS: 1. Application 2. Location Map 3. Section 902.12 4. Conceptual PD Plan Existing and Proposed 5. Preliminary PD Plan Existing and Proposed 6. Aerial 7. 5-10-18 Draft PZC Minutes 8. Ordinance 87 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@442383BO\@BCL@442383BO.rtf 12 FILAMNIC0 AM51 E, pili ­_ru I b�xug" 5 1, 'Fintint ju 1 fu ft'i i rl a ay fiv'l v *'d 4, e-1 Dc re, opm ers' f; pp4me_'or HARMONY RESERVE ": 7 Flan Number. m j — Z. VF7 7 hood4'14?" IL&RMONY RESERVE, LLC 3880 39TH SQUARE ADDRESS VERO BEACH, FL 32960 CTS Y, STATLE, 2LFA 772-567-9154 P1101411 N7ZMF-'"*. t.hill@thehMgroup.biz 19AAM ADD?MS j. PATRICK (TOBY) HILL colfrAcr PERSON rr� - .omamr m cw� av'_a- (P-I'la.0% SCHULKE, BITTLE & STODDARD, UC 1717 INDIAN RIVER BOULEVARD, STE 201 ADDRESS VERO BEACH, FL 32960 Cl CITY, STATE, W 772-770-9622 PHONE N'LJMM jbitde@sbseiagineers.com HY,AlL ADDRWS JODAH B. BITTLE, P.E. CONTACT P&IMSOIN Ar-12CAMr SAME AS OWNER Ili. ud:ii z9o' '"OL ADDRESS s"_ V JeAZ'". potsull mmint, ;PL ,r Sit nmsn) INSITE SOLUTIONS, INC NAME 5070N. HIGHwAYA-1-A SUITE C-1 ADDRESS VERO BEACH, FL 32963 CM, STATE, ZIP 772-999-3494 PHONE NUI�WBR chuck@insitesolutions.biz EdAILADDREW CHUCK MECHLING PERSON OF 0V.NEK OR AGENT Rcvb&lAF22016 0 SEE SUBMITTED PLANS TtX PA ROM,, ID b(tv'01" 8 U 15MC-7 PROPEL'ry'. ,�F,Orpmy Lind CTsEI D Diet Ascom L-2 PI) 124.24 'r(YrAL PROJECT ACRE OR: 124.24 RIMMING STIV U553TY1,S): SINGLE FAMILYIESIDENMN AND UNDE VELOPED LAND r-ROPOSED SM ULM(!� AND (--& # of imits, squam &vt byuse}: 413 UNITS IWX CFJW-�A ,rhe i-Allarwlisa, il—imm %-uug bo Attwhed to flia appliatfian: NIA If fil'aappliumit, is OtIter thad tine Owna!(H), &.,FWr=lett of authorizWon trom the mmw, Two dads m4 a vtrMtd mout man*g evw-y utdmdual having, ja9d cc alwable mam* In L%z -Impaiy; Lr .roTod by 5, corpor&or� jwoAda the name; and a4druss of C=h kilolder owning mm, tkW Wlyd of the wduo of Outstr"Wing toT.Ordion shov's, Tw eopfw- of, Ito mre?s 1wo--dtxl A ch o* momy order crAcu-Ji nmda payable tD "Tmikn River Car y'': RKWA - COAZOPtual. PD speami noepsm Imt Zf $2075.00 240 aw.-vi 2475.00 OV.—. AO ftCMeX 2S75.00 Praliminazy PD Pim ioss thm 20 as $1150.00 10-40 acres MUM over 40 =m 1300-00 3 0.0 9 fm on ch additio --.d 25 bcm omw A0 ams F!J1 A VD )PIAM, $1400.00 For cotctwrtm ApPlIcatiol-'s: Combine Cme. i�pymprfntt fm* Amid stibIrAd $00,00. Tcn,-ots of oempluo Com=ptual, PW' minaxy or Find M (ffiml plat plans murt be sipc-I and somfed by . irmmr). pi ra as .per ChapLnr 915, tuatmt to to t3T* of appTwTI Whig reque"- Amy rtlufmmmtr. cyrthu zc�� M'- suNlWisiou the kppIk=t israqwstiag" to be waved (suet: irlman kA wht& -tad &n., Stmet ficaUtp mq W-irmr-ents, m:be.!A eW.1 M011 bo Olmly brikaed by s"ctkm and pmv4gm mmbcr,%tOSAaVA& d1b,rationale for thft an am amphled Pqp 2 Ofj R Wud APO 2016 89 miummuT i heir for emccplaw.11 erpml m -y FDs i*mil rwopow-4 ppli on �for cow zgft l or conceitreat pi'MOU06 of floor pig and eL-va# m for comwavW or hili -fly buildinp V-lf iften swrinedpi o� s'a of POA.d sign -I oAgm. pist" Lc� i l pzia teiir for 'ink 70 .wn3i7on :,; ;::lcl for €etc ova sn skm imp ovMera 1 MV O ."F04LWFt:7 SM Cid IREQU M MAPRO VEh r ]DO CUi64WN: N UC `ION CONTI Z „ B'Mr r CUT: cvtficsAw of Cor pIction fivom PuW; N'06M or coo 0, k3er, to Publim Vlo6-,s ,and Udiitim phig tnUectian of hrmvm=t& Orifi aA Asa Cifrd Cost &-timato for I rov=e_4tS (siprc'► va4 wed) VA -are to pravidp fAfa t,19an on mAkIl OvdOu. ifs s tekc =iy rmuft In A.dday Lv VtpceWag #bc appResdon. =on— OR fth-J on --- €ti-! 1:. -en's Cadificd Cost F iraWfbr Impr@ ncmts (signed 3 r1ed, Pia i is to be, ca ploted or pairtat c lcwd ct 75% d)-laholdfor crveralLl t uWiaioia): impwvm=tu i etiou Aud a or-rdficatc of cmpletion Ya be obWa Dior to fiand pld app wml or ot` I tc� to be reca-€i :be plat: Caymants, ,.Rmwctioze, Bylmvs, do. or Stattmer", Tb ;a Aro INymp i�. of 3awfporatic or �.... statcz=t WIcatlas veiny r rdiog of IPOA is NOT roquired. i,""a wml. i �3i �i iirar t} iou is Y. pxv td l PW.3 ods 90 IP vel 7:1 0 --1 1 CA ac I ra- 14 - 1(x to &On I Jl� CA ac I ra- Section 902.12. Arnf;ndnnents to the tared development regulations text and official zoning atlas. (i) Furpose and intent. The purpose of this section is to provide a means for changing the text of the land development regulations or the official zoning atlas. It Is not Intended to relieve particular hardships or confer special privileges or rights to any person. (2) Changes and amendments. The board of county coNimissioners may from time to time, on its own motion, the motion of the Indian River County Planning and Zoning Commission, or the petition of the owner or the owner's authorized agent, amend, supplement, change, modify, or repeal by ordinance, pursuant to the authority and in the manner provided herein, any of the provisions of the land development regulations or any boundaries within the zoning atlas. (3) Standards of review in reviewing the application of a proposed amendment to the text of the lane: development regulations or an application for a proposed amendment to the official zoning atlas, the board of county commissioners and the planning and zoning commission shall consider: (a) Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations; (b) Whether or not the proposed amendment Is consistent with all el.ments of the Indian River County Comprehensive Plan; (c) Wheth=er or not the pro,.nosed amendment is consistent with existing and proposed land uses; (d) Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan; (e) Whother or not the propoced amendment would generate traffic which would decrease the service levels on roadways below level adopted in the comprehensive plan; (f) Whether or not there have been changed conditions which would warrant an amendments (g) Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation; (h) Whether or not the proposed amendment would result In significant adverse impacts on the natural environment; (i) Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern,- Whether atternsWhether or not the proposed amendment would be in conflict with the public Interest, and is in harmony with the purpose and interest of the land development regulations; as wall as (k) Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners In review and consideration of the proposed amendment such as police protection, fire protection, and amerGency medical services. MOTE: Some of these items of consideration may be deemed as inapplicable In the review and approval of Land Development Regulation amendment requests. (4) Anrendmant procedures. (a) Application and content All applications (other than board of county commissioners initiated amendments) for changes and amendments shall contain all the information required of this section and shall be in a form prescribed by the community development department and. approved by the board of county commissioners. The following information shall be provided by the applicant for an amendment to the official zoning atlas. Legel description; boundary survoy. The application shall describe by legal description and any street address, where possible, the property to be affected by the proposed change, setting forth the present zoning applicable thereto and specifying the district, zone or use requested by the applicant. The application shall also include a copy of the deed and at least one other i TTACHMENT92 conveying instrument Indicating present legal and/or equitable ownership together with notarized authorization from the owner of th3 subject property if the applicant Is not the owner. The application shall also Include a boundary survey, sealed by a registered land surveyor, of the property proposed to be rezoned. 2. Statement of vedfcation. All such ap Ac ations or petitions shall include a verified statement showing each and every individual ;aorson having legal and/or equitable ownership interest in tha property upon which the application for rezoning is sought 3. Concurrancy certiricate. Each application shall include a valid conditional, or initial concurrency certificate or evidence of a concurrency ce;fr�icate application. 4. Foes. Each application shall include a publication and application fee for each requested change; provided, however, treat as many lots or parcels of property as the applicant may desire may be Included in a single petition if they constitute one contiguous area. Such fee shall be established by the board or county commis�,ianers. ti. Application time limitations:. A rezoning or land development regulation Wit amendment application shall be considered active for a period of one year after it is submitted to the community development deiiartment. If the application is not complete or if the board of county commissioners does not �roid a public hearing on the application because of delays by the applicant, the application shall be terminated one year after the submittal date. () Staff r evfew. The community development department shall have twenty (20) working days from the date the completed application and required fees are submitted to review and comment upon the application. The community development department shall then place the completed application on the agenda of a regularly scheduled county planning and zoning commission meeting; provided, however, the following notice and publication requirements are mat prior to the public hearing before the county planning and zoning commission. 1. Published notice requirement The community development department shall publish the material contents of the application, together with a map indicating the area proposed to be rezoned, (map required only for rezoning requests and land development regulations amendment requests where state regulations require the publishing of a map), at least ten (10) days prior to the county planning and zoning commission's public hearing on the application, unless Florida Statutes mandate different notice requirements. 2. Ptiailed notice, posted notice. Additionally, the community development department shall send by regular mail a written courtesy notice to all owners of proparty within three hundred (300) feet of the outer limits of the area described In the petition requesting a change, advising all such owners as shown upon the last prapared and completed tax assessment roll of the county, in simple terms, the proposed change and the time and place of the public hearing. In the event dint more than ten (10) lots or parcels are proposed for rezoning, notification shall be by published notice only. For rezoning requests the community development department shall erect and conspicuously place upon the subject property at least one notice which shall contain the following Information: a. Map of property which is the subject of the rezoning petition; b, Present zoning and requested rezoning classification; and c. Dates of scheduled hearings. 3. Fallura to provide notice. The provisions hereof for mailing notice are directory only and the failure to mail such notices shall not affect any chenge or amendment of said land development regulations. Moreover, regarding rezoning requasts, failure to maintain a conspicuous notice on the property shell not affect said requests. (c) Action by planning and zoning commission. After the public hearing. the county planning and zoning commission shall report its recommendations to the board of county commissioners for final action. For rezoning requests, a denial of the application by the county planning and zoning commission, unless appealed as provided for herein, will be final. ATT MRIKENT i (d) Appeals of decisions by the planning and zoning commission to deny a rezoning application. Any applicant who is aggrieved by a decision of the county planning and zoning commission regarding denial of a rezoning application may file a written notice of intent to appeal the county planning and zoning commission decision with the director of the community development department, the chairman of the county planning wid zoning commission, and the chairman of the board of county commissioners. Such appeal must be filed within twenty-one (21) days of the decision of the county planning end zoning commission. (e) Action by the board of county commissioners. Upon receipt of the recommendations from the county planning and ±eating commission, or upon receipt of a written notice of intent to appeal, the board of county commissioners shall consider the proposed change, amendment or rezoning application and appeal within forty-five (45) days of the submission of said recommendations or written notice. of intent to appeal, at an advertise public hearing as required by F.S. § 125.66. An appeal of a denial of a rezoning application shall be heard de novo. (5) Time for reapplying. No now application for an amendment, change or modification of the official zoning atlas shall be permitted to be filed until 6rfter the expiration of at bast ht+elve (12) months from the filing of a previous eppiicafion with the community development depar-,ment, covering substantially the same lands. (6) Interim zoning. The board of county commissioners may adopt stop -gap or interim zoning for periods of time not to exceed one year designed to preserve the status quo in any area In the county, pznding the completion of zoning, water and sewer, urban renewal or other similar type plans. EMY 94 AUV[ YrBVd E39E t...a.....«. .rrr��.�++�.in�orrH�rr w�.wnr.nwe�rtnu.rr.r �� p10Y►ilF flm� , , w�� r, r 'vTir���a ems' 10 4_J L rim i // /���� e i AS I CIF -i ri-- '�— �,� I 1 1 I I I I I I E I 1 J L_J L_J L_J L_� -----� `---�' L J LJ LJ L_J . 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L--- 1 r--.--, 4@& jS r 4 r I['+ � � � drty� wrar c► I r --i r-1 r --i r'g� L, A__� ---� 1 1,, , I a 1 I, L- I, r___ Ica 11�I 1 1 V;6 I k 1 I 11 rf,�y , r - r -, I I t L_J LJ L _f L. -J L_J _J L- J L_J -J L_J L- L r --- its Mio- JL JL Jl.� JL IL 'I r—� Preliminary PO Plea Proposed 98 rf ATTACH MENT D MACHMOff 0 RS -6, Residential Single -Family (up to six units per acre). Land Use Designabon \M-2, Medium -Density Resideintal-2 (up to ten units per acre). ,Density X2.58 units per acre (SD -18-01-02 / 2003060207-80394). [Quasi,JudiciaU' Vice Chairman Brognaho asked the Commissioners to reveal any ex -parte communication with the /applicant or any conflict that would not allow them to make,an unbiased decision She members stated that they had not had any ex - parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. Ryan Sweeney, Senior Planner of Current Development, reviewed information regarding the request for preliminary plat approval and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners '(SCC) Office. `He recommended that the Commissioners approve the preliminary plat for the;Arabella Reserve subdivision with conditions listed in the staff report. Mr. Stan Boling, Come munity Development Director and Mr. Ryan Sweeney responded to inquiries from the commissioners regarding the proposed request. Mr. Joseph Schulke of Schulke,.Bittle & Stoddard, LLC;, Representative for the Applicant, clarified details of the,project and offered,to answer questions from the commissioners. He commended his client and IRC county staff, including Public Works Director Mr. Richard Szpyrka, ,.for the', rapid resolution of the developer's agreement. ON MOTION BY Mr. Stewart, SECONDED BY Ids. Waldrop, the members voted unanimously (6-0) to approve staff recommendations .on this Quasi - Judicial matter. (- _P%biie; Hearing , Vice Chairman Brognano read the following into the record: A. Harmony Reserve PD_: Request to rezone approximately 2.18 acres from RS -3, Residential Single -Family (up to three units per acre) and RM -6 (Residential Single -Family (up to six units per acre), to PD, Planned Development Residential, and to modify the Conceptual and Preliminary PD Plan approvals for the project known as Harmony Reserve PD. Harmony Reserve, LLC, Owner. Schulke, Bittle, & M/Unapproved 2 May 10, 2018 100 Stoddard, `LLC, Agent. The 2.18 acres is located on the south side of 37th Street and just west of 59"' Avenue. Zoning: RS -3, Residential Single-Family){up to three units per acre) and RM -6 (Residential Single - Family (up -to 'six units per acre). Land Use Designation: L-2, Low � -- Density4 (up to ,six units per acre). Density 3.32 units per gross acre. (PD -18-04-02 / 97080101-81067). [Quasi -Judicial] \, Vice Chairman rognano opened the public hearing and asked the Commissioners to,reveal any ex -parte communication with the applicant or any conflict,#hat would not allow them to make an unbiased decision. The members stated tl`at.th_ ey had not had any ex -parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's_meebng on this matter. Mr. John '\McCoy; Chief of Current Development, reviewed information regarding the request for rezoning and conceptual/preliminary planned development plan/plat modificationfand gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the CoMmis`sioners grant�Preliminary PD plan approval and recommend that the BCC,grant approval of the PD zoning request and the PD conceptual plan, subject to the conditions_ that were attached to the original Harmony Reserve PD approval:i Mr. John McCoy answered question from the .commissioners regarding the proposed request. Mr. Chuck Mechling, Representative fo" the Applicant, pointed out that the subdivision is a 55+ community with extensive amenities an_ d, that the residents are in support of the project. Vice Chairman Brognano closed the public hearing. ON MOTION BY Dr. Day, SECONDED BY Ms. Waldrop, the members voted unanimously (6-0) to approve staff recommendations on this Quasi - Judicial matter. Commissioner's Matters There were none. M/Unapproved 3 May 10, 2018 101 OC , , AffAtHMUNT 7 ORDINANCE NO. 2018 - AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, A -M- ENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -3, RESIDENTIAL SINGLE-FAMILY (UP TO 3 UNITS/ACRE) AND RM -6, RESIDENTIAL MULTI -FAMILY (UP TO 6 UNITS/ACRE), TO PD, PLANNED DEVELOPMENT, FOR APPROXIMATELY 2.15 ACRES OF LAND GENERALLY LOCATED WEST OF 59TH AVENUE ON THE SOUTH SIDE OF 37TH STREET AND DESCRIBED HEREIN AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently considered this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described +/- 2.15 acre property situated in Indian River County, Florida, to -wit: LEGAL DESCRIPTIONS: THE WEST 215 FEET OF LOT 3, AND THE WEST 215 FEET OF THE NORTH 115 FEET OF LOT 4, ALBRECHT ACRES, A SUBDIVISION OF TRACT 1, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 74, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 4, RUN NORTH 0001216"EAST (BASIS OF BEARINGS) ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 208.15 FEET TO THE POINT OF BEGINNING OF HEREON DESCRIBED PARCEL; THENCE CONTINUE NORTH 00° 12'36"EAST ALONG THE WEST LINES OF SAID LOTS 3 AND 4, A DISTANCE OF 436.03 FEET TO THE NORTH LINE OF SAID LOT 3 AND THE SOUTH LINE OF LATERAL A5 CANAL, A 30 FOOT INDIAN RIVER FARMS WATER CONTROL DISTRICT RIGHT OF WAY; THENCE NORTH 89°52'18"EAST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 215.00 FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE SOUTH 00012'36"WEST, A DISTANCE OF 436.16 FEET; THENCE SOUTH 89154'23 "WEST, A DISTANCE OF 215.00' TO THE POINT OF BEGINNING. CONTAINING 93758.8 SQUARE FEET OR 2.15 ACRES MORE OR LESS. 102 FACommunity Development\CurDev\Ordinances\20180rdinances\20I8-_HarmonyReserve doc�� K ORDINANCE NO. 2018 - is changed from RS -3, Residential Single -Family (up to 3 units/acre) and RM -6, Residential Multi - Family (up to 6 units/acre), to PD, Planned Development (up to 3.32 units/acre), with the general project layout as depicted in the attached conceptual PD plan (Exhibit A) and with the attached list of project public benefits (Exhibit B). The uses allowed shall be limited to the residential and accessory uses allowed in the RS -6 or RM -6 Districts as listed in the use table in section.911.08. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. 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 tune 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. I.1A 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: 103 FACommunity Development\CurDrAOrdinances120180rdinances\2018- HarmonyReserve.doc ATTACIMENT 8 ORDINANCE NO. 2018 - APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 104 FACommanity DevelopmentiCud)ev10rdivances\20180rdinances1201 & HarmonyRcserve.doc tjl�f3 N EXHIBIT A 105 Conceptual PD Plan Proposed ATUMMENT 8 ORDINANCE NO. 2018 - Public Benefits of the PD Plan For all PD projects, planning staff asks applicants to identify the public benefits that their project will provide above and beyond conventional development in exchange for the county approving reduced setbacks and other waivers from conventional standards. In this case, the project will provide substantial open space along 33rd Street and 37`h Street, dedicate the ultimate right-of-way for 58' Avenue and 33rd Street, provide stormwater capacity for future improvements to adjacent roads, preserve native uplands in excess of LDR requirements, and provide enhanced perimeter buffers. To facilitate" joint use of the project's stormwater system, the developer will grant an easement to the county for stormwater purposes. Use of the stormwater system will enable the county to design roadway projects within less right-of-way area, resulting in less right-of- way acquisition impacts on property owners in the future. Details of the easement and stormwater capacity provisions will be addressed through the preliminary PD plan and land development permit processes. In addition to the public benefits described above, the project is designed with internal. benefits for project residents, including significant recreational facilities and comprehensive architectural controls. 106 FACommunity Dev4clopmentNCurDev\Ordinancesl2Q180rdinances\2418.—HarmonyReserve.doc T9. IC)6- I 00 O (u N N CL cu n W i U .� •E C ,0 r [u V_ to •� O �� u L O m � � O O U U 4- 0 -O ru O O N 00 T9. IC)6- I Q) 75 ate-+ V O U N N N ct U Q GQ a � o N ct `A cc oa � ^ � a � � w q�. ion -3 Q) e-pg,)0p-4 U 19 • I C6"6 ,/A. I bln-lv C�0 X W 9 E ammummunnumms Tq, ID6- e) �� _ anti � p�a:irii�..��.t�?" . H E ammummunnumms Tq, ID6- e) (10 r ^Q 1� E W L 4-j V) X W e n� W Ln ^0 n O ^L 1� v 0 4--) 0 z 0 r i--) �X W K-4 ID6 - 11 N 0 Lr) 0 00 N 00 J o Ln 0 m r4 m 1 NLn^, W L- 0 ca m 0 4 ca u 0 O — l0 Ov � -0 to N -0 (1) > N' � � N - 0 _ a --r 0 -1--+ 0 0 }+ O E E E E E E E E .E_ E �X . � .� '— c _E .� X X K-4 ID6 - 11 U N CL bJo 0 0 Tq. IOLD-IL c Fa Tq iota -i3 �q ►��- �� N ci C4� nz$ U U ct Nth � 42 �-+ • U ct V� -CS . 'o r ct ct N U C' CA� N ,� Q Ct •� cn .� U � 'cn O ..cn g.- ct 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 Coovline PO # 463755 - INDIAN RIVER COUNTY PLANNING/CDD 2020909 HARMONY RESERVE PD Pub Dates May 27, 2018 Sworn to and subscribed before me this day of, May 29, 2018, by Karol Kangas Notary Public who is Natalie ZollAr a+ (X) personally known to me or . ( ) who has produced as identification. Karol Kangas Notary Public t .1w -up KAROLEKA14GA9 a+ Not" PuWk-State of Florida Commission t GG 126041 "��;`;�• lAyComm.ExpiresJul29,2021 BanmdllnaghNaam�dNolsyAsvi t .1w -up Indian River County School District will stop free busing services to three local nonprofits providing after-school programs this year. —wotrM-- The problem dates Fran Adams, who could Reisman back to at least 2013. not be reached for com- Contracts provided by ment. Continued from Page lA the School District "l can't support afree show the Gifford Youth ride,` said Carol John - claiming it already was Achievement Center, son, a former chair who reimbursed by the state Boys and Girls Clubs of signed the contracts In for busing costs. That Indian River County 2013. "They (nonprof- led to several claims and Dasic Bridgewater its) need to he paying." and counterclaims in Hope Center shall pay Matt McCain, chair - comments about the the School Board for man on the 2015 con - proposed plan. 'driver rates, fringes tract, said he remem- 1 Representatives of and board -approved bered the service being the nonprofit have been mileage rate' free for good reason. given at least three cost No rates are attached -You were really estimates for busing to the contracts. The helping the people who from multiple transpor- buses have been pro- needed it the most," he tation directors. vided for free all along. said. 1 About 15 citizens Two past board My heart bleeds for who hoped to speak on chairs gave me different the needy in our com- the issue didn't get a perspectives on how munity, which has one chance to comment un- this program was sup- of the greatest gaps be - til after the board took posed to work under more than an hour on former Superintendent Continued on next page its own to decide it would stop providing buses for free. Public Affordable "Non-14uyer" comment finally began Solutions, Inc. tit ee ours more than three hours after the meeting began. The big story here Is Est 1996 not about peanuts In a n LQ TRLS154 Dr\'DACE, budget of $287 million, 10,ob.dy A. T., 1. a..n LRTCV. but about the way this AS n"de d D- matter has been han- 772_77$_0021 dled. :gym sI.—n...t, NOTICE OF PUBLIC HEARING — SPECIAL EXCEPTION USE This is notice of a public hearing of the Board of County Commissioners to consider special exception use and conceptual site plan approval for the construction of a 48,399 sq. ft. (64 bed) assisted living facility to be located at 5380 US Highway 1, Section 32, Township 39, Range 14. Please see the attached location map. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1801 27th Street, Vero Beach, Florida on Tuesday, June 12, 2018 at 9:00 a.m. Please direct planning -related questions to the Current Development Planning Section at 772-226-1239. All documents pertaining to this request are on file in the Indian River County Planning Division, located at 1801 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate in the public hearing. 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 testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman M 3 !! T-- . TCMIM.COM 1 SUNDAY, MAY 27, 2019 1 7A DENTURES AT A PRICE YOU CAN SMILE ABOUT 11 1 Since 1987 melhoumedentureservicamm ,.-__--___--- - 1751Sarno $100 OFF 6,Melborn Suite 6, Melbourne r ; REG. $850 PREMIUM PREMIUM 1 . , I la Must present coupon at time of payment. 1 E,mla,sr�ana i , D5110 & D5120 Fees Are Minimum Personalized Investment Advice Stock e Bonds Mutual Funds a CD's IRA's e Life Insurance Bob Anderson, WMS President/Financial Advisor 772-978-0404 ANDERSON WEALTH MANAGEMENT Serving Indian River 1515 Indian River Blvd., Suite A243 Vero Beach, FL 32960 County since 1998 -rnua"DC Af"vevFlVR,51P[ 1v1vw.AndersonWM.com NOTICE OF PUBLIC HEARING — PLANNED DEVELOPMENT REQUEST Notice of hearing to consider approval of a conceptual PD plan modification and the adoption of an ordinance to rezone approximately 2.18 acres from RS -3 (Residential Single -Family up to 3 units per acre) and RM -6 (Residential Multi -Family up to 6 units per unit) to PD, Planned Development. The subject of the hearing is a proposal by Harmony Reserve, LLC to increase the overall development site by 2.18 acres with the addition of 16 single- family units, increasing the total number of units within the development from 397 to 413. The 2.18 acres being added are located south of 37th Street, just west of 59th Avenue (See location map). Proposed density3.32 units per acre. A public hearing, at which parties In Interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1801 27th Street, Vero Beach, Florida on Tuesday, June 12, 2018 at 9:00 a.m. Please direct planning -related questions to the Current Development Planning Section at 772-226-1235. All documents pertaining to this request are on file in the Indian River County Planning Division, located at 1801 27th Street within building 'A" of the County Administration Complex. Documents may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate in the public hearing. 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 testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. - INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman Q INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AIC?; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: May 30, 2018 SUBJECT: Vero 53 Landings, LLC's Request for Conceptual Site Plan and Special Exception Use Approval for the CERTUS of Vero Beach Adult Congregate Living Facility (ACLF) [SP -SE -17-08-15 / 2016070073 -79431] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 12, 2018. DESCRIPTION & CONDITIONS MCP Design, LLC, on behalf of Vero 53 Landings, LLC, is requesting conceptual site plan and special exception use approval to construct a 64 -bed adult congregate living facility (ACLF) to be known CERTUS of Vero Beach. The project site is currently vacant and is located within The Landings Commercial Subdivision located at the northeast corner of 53rd Street and US 1 (see attachment 3). The site is zoned CG, General Commercial, a zoning district which requires special exception use approval for an ACLF. In this case, the applicant has applied for a conceptual site plan and special exception use approval. A conceptual site plan provides general development plan information, but does not include all the details of a "final" site plan or authorize any construction. The applicant is utilizing the conceptual site plan review and approval process in order to obtain special exception use approval. If special exception use approval is granted by the Board of County Commissioners (BCC), then the applicant will submit a separate and complete final site plan application. The BCC now needs to consider the special exception use request for the proposed ACLF, conduct a public hearing, and approve, approve with conditions, or deny the request. Pursuant to Section 971.05 of the County LDRs, the BCC is to consider the appropriateness of the requested use for the subject site and compatibility of the use with the surrounding area. The BCC may impose reasonable conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. 107 Planning and Zoning Commission (PZC) Recommendation: At its meeting of April 26, 2018, the PZC voted 7-0 to recommend that the BCC grant special exception use approval with the conditions recommended by staff (see attachment 2). ANALYSIS 1. Size of Site: 6.00 acres 2. 3. 4. 5. 6. 7. 8. Zoning Classification: CG, General Commercial Land Use Designation: C/I, Commercial/Industrial Building Area: 48,399 square feet Impervious Area: 91,476 square feet or 2.10 acres Open Space: Required: 25% Proposed: 65% Off -Street Parking: Required: 32 Proposed: 47 Phasing: The project is proposed to be constructed in one phase. 9. Utilities: The project will be served by public water and sewer service provided by County Utility Services. The County Department of Utility Services and the Department of Health have approved these project utility provisions. 10. Access and Traffic Circulation: The project site is located within The Landings Commercial Subdivision which has access that includes a right-in/right-out access road connection to US 1 that is served by a northbound right -turn lane, a signalized full -movement access road connection to 53rd Street (western driveway), and a second right-in/right-out access road connection to 53rd Street (eastern driveway). Access to the project site will be provided via two full -movement driveway connections to the subdivision's east/west access road that connects to US 1 (see attachment 7). The traffic circulation plan includes a two-way drive aisle that loops around three sides of the building/site, a main parking area near the building's main entrance, and several other parking areas provided along the looped drive aisle. The proposed driveway connections and traffic circulation plan have been reviewed and approved by Traffic Engineering and Fire Prevention. Additionally, Traffic Engineering reviewed and approved the traffic impact study (TIS) submitted by the applicant. Based on the approved TIS, there are no required off-site improvements (e.g. turn lanes, intersection improvements, etc.), and none are proposed. 11. Stormwater Management: The entire commercial subdivision, which includes the project site, is served by two existing stormwater ponds located in the adjacent residential development to the east (The Reserve at Grand Harbor PD). Drainage rights were secured via recorrdged 10 2 stormwater easements. Minor stormwater improvements (e.g. stormwater pipes, inlets, and control structures) are shown on the conceptual site plan. Public Works has reviewed and approved the project's conceptual stormwater management design. The final stormwater management design will be reviewed by the Public Works Department via the County stormwater permitting process. 12. Environmental and Archeological Issues: a. Wetlands: County Environmental Planning staff has determined that no jurisdictional wetlands exist on the subject site. Therefore, no wetlands criteria apply to the proposed development. b. Uplands: Since the site is over five acres, the County's native upland set-aside requirement potentially applies; however, County Environmental Planning staff has determined that no intact native upland plant communities exist on the project site. Therefore, no native upland set-aside requirements apply to the proposed development. c. Tree Preservation: The project site was mostly cleared when the commercial subdivision improvements were constructed. However, there are several existing trees located along the northern project boundary. A detailed final tree survey will be required with the project's final site plan application. If any specimen hardwood trees or cabbage palms are located during the final tree survey, and those trees are proposed to be removed, then those trees must be mitigated per the County's tree mitigation requirements. All nuisance exotic trees will be removed during development. County Environmental Planning staff has reviewed and approved the project's conceptual tree protection and tree mitigation plan. The final tree protection and tree mitigation plan will be reviewed by County Environmental Planning staff during review of the final site plan. d. Archeological Site: The project site is located near the "Gifford Bones" archeological site, which generally parallels the North Relief Canal on both sides of US 1. Chapter 933 of the County LDRs provides certain protections for known and suspected archeological sites. Specifically, Section 933.09 requires that if any archeological resources are discovered during any ground -disturbing activities, then the entity conducting those activities must notify County Environmental Planning staff immediately (see attachment 4). Depending on the scope and scale of what is discovered, additional requirements and/or limitations maybe imposed by staff, including the temporary suspension of all activities in the immediate and/or surrounding area where the archeological resources are discovered. At the suggestion of County staff, the applicant also requested a due diligence review by the Florida Department of State, Division of Historical Resources (DHR). The DHR conducted a due diligence review, and recommends that a qualified professional archeologist be present to monitor all ground -disturbing activities during project construction (see attachment 5). That recommendation is consistent with IRC Chapter 933 regulations, and has been incorporated into staff's recommended special exception approval conditions. As a cautionary measure, and with staff support, the applicant also identified a "no build" area located along the north property line in an effort to avoid potential impacts to archaeological resources. The conceptual site plan shows the "no build" area (see attachment 109 3 7), and no hard improvements (e.g. buildings, parking areas, etc.) are proposed within the "no build" area. Even with the established "no build" area, if archaeological resources are discovered anywhere within the project site, then construction activities shall either be redirected or completely stopped, depending on the type of archeological resources. 13. Landscape Plan: A conceptual landscape and buffer plan has been reviewed and approved for the subject site (see attachment 8). With respect to buffering, the plan depicts buffer types, locations, and the physical width and components of the buffers/landscape strips on all of the project's perimeters. The conceptual landscape plan also demonstrates interior parking area landscaping, nonvehicular area landscaping, and foundation plantings. A final landscape plan will be required with the final site plan. 14. Other Corridors Special Development Regulations: The site is subject to the Other Corridors special development regulations. These regulations have special standards for building design, colors, materials, landscape, site lighting, and signage. The conceptual plan is consistent with the Other Corridors regulations. Additional details will be provided with the final site plan. 15. Concurrency: As required under the County's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the project, which is sufficient for conceptual site plan approval. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity was available to serve the subject project at the time of the determination. In accordance with County concurrency regulations, the applicant will be required to obtain a final concurrency certificate prior to release of the final site plan. 16. Surrounding Land Use and Zoning: North: North Relief Canal, Vacant / RS -3 East: The Reserve at Grand Harbor PD / RM -6 South: 53`d Street, Harbor Point Plaza / CG West: US Highway 1, Convenience store, Self -storage facility / CG, IL 17. Specific Land Use Criteria: Pursuant to LDR section 971.28(3), the specific criteria for the proposed ACLF are addressed as follows: a. The use shall satisfy all applicable regulations of the State of Florida and Indian River County as currently exist; NOTE: Through the subject conceptual site plan approval process and the future final site plan approval process, the County LDRs will be met. The facility will be licensed by the State of Florida, and the applicant will be required to show County staff compliance with State regulations through state licensing and/or permitting. b. The approving body shall determine that the proposed use is compatible with the surrounding neighborhood in terms of land use intensity. The maximum allowable land use intensity shall be computed as follows: 110 11 a. Regarding single-family zoning districts: (number of allowable dwelling units) X (2.5 residents per dwelling unit) X 1. S = maximum number of residents allowed b. Regarding multi family and commercial zoning districts: (number of allowable dwelling units) X (2 residents per dwelling unit) X 1.5 = maximum number of residents allowed In no case shall the maximum number of residents allowed on a project site exceed the average maximum number of residents allowed (as calculated by the aboveformula) on adjacent sites bordering the project site. Averaging for adjacent sites shall be based upon length of the common border between the project site and the adjacent site. NOTE: The above -referenced formulas were used to calculate the maximum allowable density for the subject 6.0 acre site. That maximum density is 123 residents/beds. The applicant proposes only 64 residents/beds. 3. To avoid unsafe or unhealthy conditions that may be produced by the overcrowding of persons living in these facilities, a minimum floor area perperson shall be required. Floor area requirements shall be measured from interior walls of all rooms including closet space. a. Total interior living space. A minimum of two hundred (200) square feet of interior living space shall be provided per facility resident. Interior living space shall include sleeping space and all other interior space accessible on a regular basis to all facility residents. b. Minimum sleeping areas. A minimum of eighty (80) square feet shall be provided in each sleeping space for single occupancy. A minimum of sixty (60) square feet of sleeping space shall be provided for each bed in a sleeping space for multiple occupancy. c. Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each five (5) residents. NOTE: The applicant provided a conceptual floorplan that generally demonstrates compliance with the above -referenced criteria, and the applicant will provide a final floorplan with the final site plan the meets the above -referenced criteria. 4. To avoid an undue concentration ofgroup carefacilities within residential neighborhoods, all such facilities within residential zoning districts shall be located at least one thousand two hundred (1,200) feet apart, measured from property line to property line, unless exempted as follows. The separation distance requirement and measurement shall not apply to group home orACLF uses involving twenty-one (21) or more residents, where such uses are located on major arterial roadways. NOTE: Since the project involves more than 21 residents, is located on a major arterial roadway, and is commercially zoned, it is not subject to a special separation distance. Therefore, this criterion is satisfied. 111 5. If located in a single-family area, the home shall have the appearance of a single-family home. Structural alterations or designs shall be of such a nature as to preserve the residential character of the building. NOTE: The site is not located in a single-family area. Therefore, this criterion does not apply. 6. If located in the AIR -1 zoning district, the site shall have an L -I land use designation. NOTE: The site is not within the AIR -1 zoning district. Therefore, this criterion does not apply. 7. The facility shall satisfy all applicable off-street parking requirements of Chapter 954. The facility shall meet or exceed all open space requirements for the respective zoning district. NOTE: The conceptual site plan exceeds the parking and open space requirements. 8. The maximum capacity of such facilities shall not exceed the applicable number permitted by the department of health and rehabilitative services. NOTE: The operator will be required to obtain an annual operation permit(s) from the State that will set the State's maximum capacity for the facility. The County approved capacity for the subject special exception application is 64 residents/beds, as requested by the applicant. 9. Group home permits are transferable. If the type of resident/client changes or the resident capacity increases to such an extent that it would raise the facility to a higher level group home as distinguished by the definition, the facility must be reevaluated for an administrative permit or special exception approval. NOTE: This facility is proposed for senior citizens that need assistance. Any change in the type of resident or increase in capacity over 64 residents/beds will require a modification to the special exception use approval. 10. If a Level III facility is to be located adjacent to an active agricultural operation that typically involves application offertilizers, herbicides, orpesticides (e.g. citrus groves and field crops), then a buffer meeting the requirements of[subsection] 911.04(3)(c)6 shall be provided between the Level III facility building and the adjacent active agricultural operation. NOTE: The site is not located adjacent to an active agricultural operation. Therefore, this criterion does not apply. 11. 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. NOTE: The site is not located within the Coastal High Hazard Area. 112 All conditions recommended by staff have been accepted by the applicant. RECOMMENDATION Based on the provided analysis, staff recommends that the BCC grant special exception use approval for an adult congregate living facility (ACLF) to be known as CERTUS of Vero Beach with the following conditions: 1. No hard improvements (e.g. buildings, parking areas, etc.) shall be constructed within the "no build" area as identified by the applicant and as shown on the conceptual site plan. 2. During project construction, a qualified professional archeologist shall be present to monitor all ground -disturbing activities as recommended by the State Division of Historical Resources and consistent with IRC Chapter 933 regulations. ATTACHMENTS 1. Application 2. Excerpt from April 26, 2018 PZC Minutes 3. Location Map 4. IRC Chapter 933 Regulations 5. Due Diligence Review from the State Division of Historical Resources 6. Aerial 7. Site Plan 8. Landscape Plan 113 7 Ar)FC 117 REMO SPECIAL EXCEPTION SITE PLAN (SPSE) APPLICATi T37 &0"�KENT PROJECT NAME (Please Print): CC2 7-0 PROPOSED PROJECT USfi: ALF CORRESPONDING PRE - PLICATION CONFERENCE PROJECT NAME AND CDPLUS ASSIGNED FILE NUMBER (IF ANY): -T 2 L I - / S- - l7 PROJECT#: a 016 470 0 7 3 SP -SE - 17 OWNER: (PLEASE PRINT) Vero 53 L.464,4ys � L L C NAME 3f0µ sr�'7���c� ADDRESS AGENT (PLEASE PRINT) ADDRESS o" 1-qycly i rL , 3 ;[ s-, 14- -- CITY, STATE, ZIP CITY, STATE, ZIP o7- 519- 4444 - PHONE NUMBER M c v II -ove,C ecvll�c�,4�o,oer ��,e.t. cv'I', F2vML ADDRESS CONTACT PERSON PHONE NUMBER EMAIL ADDRESS CONTACT PERSON SIGNATURE OF OWNER OR AGENT PROJECT ENGINEER: {PLEASE PRINT} PROJECT SURVEYOR: (PLEASE PRINT) MCP Des;r,0. C,[. L _ . _._ Ce,,4- 4- Assvim, NA lE ' NAME 47 e �% 13� St .2a 62 1709 P l" 51,ee;-� ADDRESS ADDRESS CITY, STATE, ZlP CITY, S'T'ATE, ZIT' 604 779- 5-6a - 4 M PHONE NUMBER($) PHONE NUMBIWs) w, c (s cies � s►� t o 6 ;�' � � a; f co �, _ `��••� ���r`ter�.s s ©c . o r�, EMAIL ADDRESS EMAM ADDRESS el- e COlftACT PERSON CONTACT PERSON 180127' Street, Vero Beach FL 32460114 FXommunity DentlopmQnAAPPLICATIONS\CtvDov opp. ication ftso app onlyie RcvWd A,pcfi 2016 l� i of 3 a DOES THE REQUEST INCLUDE A "FINAL" SITE PLAN?: �� +� t �✓ w / PLAN ONLY OIL A CONCEPTUAL. AND a. AMOUNT OF NEW HvIPERVIOUS SURFACE: (SQXT j t 4 7 • STTEADDRESS: 5380 US 1 • SITE TAX PARCEL ID#(s): 3a2 - 3 1- 1 ¢ - 6aoo 3 - (2000_ 600a o. ( 0 IS ALL OR A PORTION OF PROJECT IN ENVIRONMENTALLY SENSITIVE AREA AS DESIGN TED IN THE COMPREHENSIVE PIAN OR ADDRESSED. IN A PRE -APP CONFERENCE? YES NO FLOOD ZONE: �4 ZONING: C 6 FLUE: Cf I TOTAL (GROSS) ACREAGE OF PARCEL, AREA OF DEVELOPMENT (NET) ACREAGE: c2. t PROPOSED CHANGES TO EXISTING DEVELOPMENT (IF APPLICABLE: A. NUMBER OF UNITS: FROM TO B. DENSITY: FROM UNITS PER ACRE TO UNITS PER ACRE CHANGE IN USES BY SQUARE (FEET GROSS BUILDING AREA USE: OF (USE) TO SQ. FT. OF (USE) PLEASE COMPLETE APPLICATION CBECKLIST ON NEXT PAGE* 180127` Street, Vero Beach FL. 32960 115 F:NCmmmfy Dvelopm=&A?PMCATION55CXA)cv apphca iomc spse Vp only.tif Revised Apri12016 PAA 2 of 3 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, April 26, 2018 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircqov.com/Boards/PZC/2015. Present were members: Chairman Alan Polackwich Sr., District 2 Appointee; Vice Chairman Todd Brognano, Member -At -Large; Mr. Patrick Grall, District 1 Appointee; Mr. Chip Landers, District 3 Appointee; Dr. Jonathan Day, District 4 Appointee; Ms. Angela Waldrop, District 5 Appointee; and Mr. Jordan Stewart, Member -at -Large. Mr. Shawn Frost, non-voting School Board Liaison, was absent. Also present was IRC staff: Mr. Bill DeBraal, Deputy County Attorney; Mr. Stan Boling, Community Development Director; Mr. John McCoy, Chief of Current Development; Mr. Ryan Sweeney, Senior Planner of Current Development; and Ms. Lisa Carlson, Recording Secretary. Call to Order and Pledge of Allegiance The meeting was called to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda There were none Approval of Minutes ON MOTION BY Dr. Day, SECONDED BY Mr. Brognano, the members voted unanimously (7-0) to approve the minutes of the March 22, 2018 meeting as presented. Public Hearing Chairman Polackwich read the following into the record: A. CERTUS of Vero Beach Adult Congregate Living Facility: Request for, ]conceptual site plan and special exception use approval for a sixty -four - bed adult congregate living facility (ACLF). Vero 53 Landings, LLC,{ Owner. MCP Design, LLC, Agent. Located within The Landings PZC/Approved 1 April 26, 2018 F:\BCCWII Committees\P&Z\2018—AGENDAS & MINUTES\PZC 042618.doc 116 Commercial Subdivision at the northeast corner of 531d Street and US Highway 1. Zoning: CG, General Commercial. Land Use Designation: C/I, Commercial/Industrial. (SP -SE -17-08-15 / 2016070073-79431). [Quasi -Judicial] Chairman Polackwich asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. He disclosed that he lived in the nearby Grand Harbor subdivision. 'he secretary administered the testimonial oath to those present who to speak at toniqht's meetinq on this matter. �Mr. Ryan Sweeney, Senior Planner of Current Development, reviewed Information regarding the request for conceptual site plan and special exception fuse approval and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commissioners grant special exception approval for an ACLF to be known as ,CERTUS of Vero Beach with conditions stated in the staff report. (Mr. Stan Boling, Community Development Director and Mr. Ryan Sween( nded to inquiries from the commissioners reqardinq the proposed request. ,ON MOTION BY Mr. Brognano, SECONDED BY Mr. ,Stewart, the members voted unanimously (7-0) to approve staff recommendations on this Quasi - Judicial matter. Commissioner's Matters There were none. Planning Matters Mr. Stan Boling updated the Commissioners regarding a recent case that they recommended that the BCC approve and noted that there is a Public Hearing planned for the May 10, 2018 meeting. Attorney's Matters There were none. PZC/Approved 2 April 26, 2018 F:\BCC\All Committees\P&Z\2018—AGENDAS & MINUTES\PZC 042618.doc 117 i ,LXa.QA,O aWi an18 NvaNI 4 1 l t t i 4 f 1 S S f � st aA v .4 U s us%A\ U � 0 a tl aXt�NtrfS � � y H: 16tNI �r 7 i W Q' § 933.08 INDIAN RIVER COUNTY CODE (f)ividual management plans for scenic and 'storic roadways may set additional restrict s or requirements for these road- ways: 1. The additio1 considerations of Res- olution No. 89- "Jungle Trail Man- agement Plan" sh 1 be applied to all projects, zonings, Ns, and other activities in the vicinifyof the his- toric roadway of Jungle 1. (Ord. No. 90-16, § 1, 9-11-90) 4- Section 933.09. Archaeological protection. (1) Archaeological survey requirement. Within Indian River County, any person(s), company, organization or government agency engaged or promoting activities which unearth, uncover, or otherwise reveal any suspected archaeological site; burial, artifact, or other remains, shall be required to immediately notify the Indian River County Environmental Planning section as to the nature, size and exact location of the suspected find. In addition, the county environmental plan- ner shall have authority to request an archaeo- logical survey from a representative of an autho- rized agency or qualified archaeologist for development in any area known or documented to contain historic resources. If the presence of his- toric resources is confirmed, all activities, permits and/or exemptions associated with that portion of the subject site shall be temporarily suspended for a period of three (3) working days, or until. initial site inspection, subsequent evaluation and site -release to continue work is issued by the environmental planning section, whichever oc- curs first. However, following the initial site in- spection, if human burial remains are found, the environmental planning staff shall have author- ity to temporarily suspend for up to fifteen (15) days all activities, permits and/or exemptions concerning the subject site until a subsequent inspection and evaluation is conducted by a rep- resentative of a qualified agency with experience in archaeological identifications or the medical examiner. Any known or suspected archaeological sites, artifacts, remains or other resources shall be reported to the historic resources advisory committee, which shall have the authority: (a) To request that the property owner con- duct a scientific excavation and evalua- tion of the site by [and] under the direc- tion of a bona fide archaeologist; (b) To make recommendations to the board of county commissioners as to the nature, importance and possible preservation and/or protection of the known or sus- pected archaeological remains; (c) To review for consistency all proposed mitigation procedures and potential ad- verse impacts to the subject site; (d) To recommended/comment on variance re- quests for archaeological protection; (e) To recommended/comment on potential public acquisitions for archaeological pres- ervation. (2) Excavations. All subsequent excavations, r ovals, preservations, designations, displays or mi ' ations concerning a potential, known, or desi ated archaeological site, must be approved by the oard of county commissioners upon ree- ommen tion by the historic resources advisory committee nd/or the appropriate state or federal authorities. 1 approved excavations shall be in strict accorda e with the recommendations, per- mits, approvals r authorizations of the board of county commissio rs and/or any appropriate state or federal agency wi jurisdiction and knowledge of archaeological res rces within Indian River County. (3) Human burials. F.\ba . 872 (1987) (Of- fenses Concerning Dead s and Graves) ef- fects a third degree felonersons who will- fully and knowingly disthuman burial remains. Any person who o has reasons to know that an unmarked n b 'al is being unlawfully disturbed, desd, de ced, muti- lated, removed, excavatedosed sh imme- diately notify the local laforcement agencywith jurisdiction in the arere the unm rkedhuman burial is located. Ps with knowl geof the disturbance who faiotify the local 1enforcement agency will uilty of a misde- Supp. No. 80 933/4 119 l_ FLORIDA DEPARTMENT 0 STATE RICK SCOTT KEN DETZNER Governor Secretary of State David Beyer December 19, 2017 Collard Properties dbeyer@collardproperties.com RE: DHR Project File No.: 2017-5564, Received by DHR: November 27, 2017 Project: County Project 79431 County: Indian River To Whom It May Concern: Our office has reviewed the above -referenced project and provided comments as part of a Due Diligence review for the applicant in advance of applying for a state permit. This letter does not constitute a review under Section 106 of the National Historic Preservation Act. In accordance with prior Compliance reviews of 8IR00007, Gifford Bone Site (DHR# 2015-751 and 2010-5439-b), our office recommends that a qualified professional archeologist be present to monitor all ground -disturbing activities that will take place on the property. The monitor should forward a monitoring report to this office at the conclusion of the project for review. In addition we request that: • If any cultural resource deposits are discovered, the monitor should be empowered to direct construction activities to other areas to enable recovery and recordation of the deposits before project activities resume in the area. The resultant report(s) of such discoveries should be forwarded to this office for review. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida.Statutes. If you have any questions, please contact Rachel Thompson, Historic Site Specialist, by email at Rachel.Thomvson@dos.mylorida.com, or by telephone at 850.245.6453 or 800.847.7278. Sincerely, J n!! Timothy A Parsons, Ph.D., RPA Director, Division of Historical Resources & State Historic Preservation Officer Division of Historical Resources '- R.A. Gray Building • 500 South Bronough Street- Tallahassee, Florida 32399 850.245.6300 - 850.245.6436 (Fax) FLHeritage.com 12 + F 1 4 ` S. � 'rte".� lam• � to t -` r_M � -. 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Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO p 463755 - INDIAN RIVER COUNTY PLANNING/CDD 2021126 CERTUS OF VERO BEACH ACLF Pub Dates May 27, 2018 Sworn to and subscribed before me this day of, May 29, 2018, by i UG✓ !. who is Natalie Zoll r (X) personally known to me or ( ) who has produced — � wla� f q 4�wn Karol Kangas Notary Public as identification. KAROLEKANGAS :P Notary Poblk-State olFlodda ,s commission t GG 126091 , mf;•••' My Gomm. Expires Jul 29,2021 6ondedIh_ Nal AWL as identification. Indian River County School District will stop free busing services to three local nonprofits providing after-school programs this year. SAM wotrE/rccAIM The problem dates Fran Adams, who could Reisman back to at least 2013. not be reached for com- Contracts provided by ment. continued from Page lA the School District "I can't support a free show the Gifford Youth ride,' said Carol John - claiming it already was Achievement Center, son, a former chair who reimbursed by the state Boys and Girls Clubs of signed the contracts in for busing costs. That Indian River County 2013. "They (nonprof- led to several claims and Dasie Bridgewater its) need to be paying." and counterclaims in Hope Center shall pay Matt McCain, chair - comments shout the the School Board for man on the 2015 con - proposed plan. "driver rates, fringes tract, said he remem- 1 Representatives of and board -approved beted the service being the nonprofit have been mileagerate'. free for good reason. given at least three cost No rates are attached "You were really estimates for busing to the contracts. The helping the people who from multiple transpor- buses have been pro- needed it the most," he lation directors. vided for free all along. said. 1 About 15 citizens Two past board My heart bleeds for who hoped to speak on chairs gave me different the needy in our com- the issue didn't get a perspectives on how munity, which has one chance to comment un- this program was sup- of the greatest gaps be - til after the board took posed to work under more than an hour on former Superintendent Continued on next page its own to decide it would stop providing buses for free. Public /�� Aordallle "Non -Lauver" comment finally began ,.0 A, i Solution, Inc. at 9:15 p.m., more than 1 three hours after the meeting began. The big story here is Est 1996 not about peanuts in a WLLIS,TRLSIS,mvORCE, budget of $287 million, IG�nbedy A.`Er pl B010 CPrcvnd.a but about the way this ^sa" D1_ matter has been han- 772-778-0021 dled. 1416 sum -v<N NOTICE OF PUBLIC HEARING — SPECIAL EXCEPTION USE This is notice of a public hearing of the Board of County Commissioners to consider special exception use and conceptual site plan approval for the construction of a 48,399 sq. ft. (64 bed) assisted living facility to be located at 5380 US Highway 1, Section 32, Township 39, Range 14. Please see the attached location map. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1801 27th Street, Vero Beach, Florida on Tuesday, June 12, 2018 at 9:00 a.m. Please direct planning -related questions to the Current Development Planning Section at 772-226-1239. All documents pertaining to this request are on file in the Indian River County Planning Division, located at 1801 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate in the public hearing. 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 testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman ,c TCPALM.COM 1 SUNDAY, MAY 27, 2018 1 7A DENTURES AT A PRICE YOU CAN SMILE ABOUT 11 /1 :t I11111111111, Since 1987 melboumedentureservice.com - - - - - 1751 :$100OFF, Suite 6,Melbourne REG. $850 PREMIUM PREMIUM 1 Must present coupon at time of payment i E'p,,.S6nana D5110 & D5120 Fees Are Minimum Personalized Investment 1 It R Advice Stock a Bonds Mutual Funds r CD's IRA's a Life Insurance Bob Anderson, WMS President/Financial Advisor 772-978-0404 ANDERSON WEALTH MANAGEMENT Serving Indian River 1515 Indian River Blvd., Suite A243 County since 1998 Vero Beach, FL 32960 LLC: M"av FlYR.+/SIPC /vww.AndersonWM.com rcazeea,z. NOTICE OF PUBLIC HEARING — PLANNED DEVELOPMENT REQUEST Notice of hearing to consider approval of a conceptual PD plan modification and the adoption of an ordinance to rezone approximately 2.18 acres from RS -3 (Residential Single -Family up to 3 units per acre) and RM -6 (Residential Muni -Family up to 6 units per unit) to PD, Planned Development. The subject of the hearing is a proposal by Harmony Reserve, LLC to Increase the overall development site by 2.18 acres with the addition of 16 single- family units, increasing the total number of units within the development from 397 to 413. The 2.18 acres being added are located south of 37th Street, just west of 59th Avenue (See location map). Proposed density 3.32 units per acre. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1801 27th Street, Vero Beach, Florida on Tuesday, June 12, 2018 at 9:00 a.m. Please direct planning -related questions to the Current Development Planning Section at 772-226-1235. All documents pertaining to this request are on file in the Indian River County Planning Division, located at 1801 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by members of the public during normal business hours. All members of the public are Invited to attend and participate in the public hearing. 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 testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman mA, aus y.._I x.o r Te. '_�' E _. 1 • . 1 ... � S t a. rF. n; a rn-zazoeae Mq3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Sasan Rohani, AICP Chief, Long -Range Planning FROM: Bill Schutt, AICP Senior Economic Development Planner, Long Range Planning DATE: June 5, 2018 SUBJECT: CONTINUED FINAL PUBLIC HEARING: County Initiated Request to Amend (Update) the Text of the Sanitary Sewer Sub -Element for Septic to Sewer Conversion and the Associated Text of the Future Land Use Element of the County's Comprehensive Plan (Legislative) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of June 12, 2018. DESCRIPTION AND CONDITIONS On June 5, 2018, at an advertised public hearing, the BCC heard staff's presentation for the County initiated request to amend the text of the Sanitary Sewer Sub -Element for Septic to Sewer Conversion and the Associated Text of the Future Land Use Element of the County's Comprehensive Plan. After that presentation the BCC opened the public hearing, took comments from the public, and voted 3 — 0 to continue the public hearing at the June 12, 2018 BCC meeting when all five County Commissioners could be present to vote on the item. Staff's original report and analysis prepared for the June 5, 2018 hearing are unchanged and are attached for reference. The ordinance has been updated to reflect the continued public hearing. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners re -open the public hearing, take and consider public comments, and consistent with staff's and the Planning and Zoning Commission's recommendation approve the proposed Comprehensive Plan text amendment by approving the attached ordinance and authorize the Community Development Director to transmit the ordinance and any related materials to the state land planning agency and interested parties. 1241 ATTACHMENT: 1. Staff report for the June 5, 2018 Board of County Commissioners hearing FACommunity Development\Comprehensive Plan Text Amendments\2017 Sewer Policy Update\Agenda Items\BCC staff report for Sanitary Sewer Text amendment - June 12, 2018 Continued Public Hearing.docx 1252 Attachment 1 June 12th BCC Staff Report INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Sasan Rohani, AICP Chief, Long -Range Planning FROM: Bill Schutt, AICP Senior Economic Development Planner, Long Range Planning DATE: May 11, 2018 SUBJECT: FINAL PUBLIC HEARING: County Initiated Request to Amend (Update) the Text of the Sanitary Sewer Sub -Element for Septic to Sewer Conversion and the Associated Text of the Future Land Use Element of the County's Comprehensive Plan It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 5, 2018. DESCRIPTION AND CONDITIONS This is a county initiated request to amend the text of the Sanitary Sewer Sub -Element and Future Land Use Element of the county's comprehensive plan. The purpose of this amendment is to recognize changed conditions to update information and incorporate recent policy direction from the Board of County Commissioners regarding conversion of septic systems to public sewer service. With respect to the Sanitary Sewer Sub -Element, proposed revisions were initiated based on direction received at the July 18, 2017 Board of County Commissioners (Board) meeting (Attachment #2). Comprehensive Plan Amendment Review Procedures Although the number of plan amendments that the county may consider is not limited, the County's Comprehensive Plan regulates the frequency with which the county may amend its comprehensive plan. According to the county's Comprehensive Plan, plan amendments are limited to four times per calendar year. For that reason, the county accepts general plan amendment applications only during the "window" months of January, April, July and October. In this case, the subject application for revisions to the three comprehensive plan elements/sub-elements was submitted during the January 2018 window. The procedures for reviewing a comprehensive plan amendment involve several steps. First, the Planning and Zoning Commission (PZC), as the Local Planning Agency, conducts a public hearing 126 1 to review the request. At the public hearing, the Commission makes a recommendation to the Board of County Commissioners (Board) to approve, approve with modifications, or deny the requested amendment. Following PZC action, the Board conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. If the amendment is transmitted, state and regional review agencies review the amendment as it pertains to each agency's area of focus. Review agencies then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues raised in the review agency comments, a second and final Board public hearing is conducted. If the Board approves the request at the final hearing, then the approved amendment is submitted to the State Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days after the State Land Planning Agency determines that the approved amendment submittal is complete, unless a challenge is filed by an affected party. PZC Action At its regular meeting of February 8, 2018, the Planning & Zoning Commission (PZC) conducted a public hearing, considered the subject amendment, and voted 5-0 to recommend that the Board of County Commissioners approve the proposed amendment with a modification to policy 5.6 of the Sanitary Sewer Sub -Element to add language regarding the County's commitment to pursue and identify all opportunities for funding septic to sewer projects (see Attachment #3). Based on PZC direction, language has since been added to policy 5.6 of the Sanitary Sewer Sub -Element to state that the County will identify and pursue funding opportunities for septic to sewer projects and sewer connections. BCC Action (Transmittal Public Hearing) After the PZC hearing, the BCC held its transmittal hearing on March 20, 2018, and voted 4-0 to transmit the.proposed comprehensive plan text amendment to state and regional review agencies (see attachment #4). Subsequently, staff transmitted the proposed amendment to state and regional review agencies. State Agency Review After transmittal and review of the proposed amendment, no state or regional reviewing agency had any objections to the comprehensive plan text amendment (see attachment #5). BCC Final Public Hearing The June 5, 2018 public hearing is the final step in the Comprehensive Plan amendment process. At that hearing, the BCC must decide whether or not to approve the proposed amendment. If the BCC approves the amendment, then staff must transmit the approved amendment to state and regional review agencies. The amendment becomes effective 31 days after the state land planning agency notifies the county that the plan amendment package is complete, if there are no timely objections to it. 127 2 Background On March 8, 2016, the Board of County Commissioners directed the Indian River County Department of Utilities Services (IRCDUS) to evaluate a countywide septic to sewer conversion plan based on a phased approach, as follows: • Phase I: Develop a comprehensive priority ranking plan along with cost estimates for potential projects • Phase II: Incorporate the ranking plan into the county comprehensive plan • Phase III: Identify financing options and public outreach • Phase IV: Encumber funds and implement priority projects On July 18, 2017 the Board reviewed and approved a countywide septic to sewer conversion evaluation/ranking report prepared for the county by Schulke, Bittle & Stoddard, LLC. That report met the requirements of Phase I of the county's overall septic to sewer plan and included a review and ranking of 325 subdivisions served by septic systems, identification of a top 35 list of those subdivisions with the highest impact on the Indian River Lagoon, and an Engineers Opinion of Probable Cost for a septic to sewer conversion project for each of the top 35 ranked subdivisions. Upon approval of the countywide septic to sewer conversion evaluation/ranking report (completion of Phase I), the Board directed Community Development Department staff to initiate Phase II to incorporate the findings of the report into the Sanitary Sewer Sub -Element of the comprehensive plan. Consistent with that Board direction, Community Development Department staff coordinated with IRCDUS staff and Florida Department of Health in Indian River County (DOH — Indian River) staff and prepared the attached proposed amendments to the Sanitary Sewer Sub -Element of the county's comprehensive plan and parallel amendments to the Future Land Use Element of the county's comprehensive plan (Attachment 6). In those attachments, proposed changes are shown with se- thfu and underline format. The amendments involve changing target dates for policy completion, deleting out of date text and policies, removing/revising out-of-date references, adding new policies and text based on the recently adopted septic to sewer ranking plan, and updating maps.and tables. ANALYSIS Pursuant to the Board's direction and requests from county departments/divisions, 20 policies, 3 objectives, and various texts and maps of non -policy sections of the Sanitary Sewer Sub -Element of the county's comprehensive plan are proposed to be revised. Related parallel minor edits to the text and 2 policies are proposed in the Future Land Use Element of the county's comprehensive plan. Many of the proposed text updates relate to removing/updating out-of-date references, adding clarification through re -wording, and adding additional detail to bring both the Sanitary Sewer Sub - Element and Future Land Use Element up-to-date. With respect to the Board's direction related to septic systems and septic to sewer conversion, extensive updates have been made to the "Septic Systems" subsection of the Sanitary Sewer Sub -Element. That text begins on page 19 with a review of recent statistics on septic systems, a description of how a septic system operates, maintenance issues, and design requirements for septic systems. That sub -section ends with a review of the recently completed Septic to Sewer study and the results of that study, including the list of the top 35 subdivisions served by septic systems and having a highly ranked priority for septic to sewer conversion. 128 3 With respect to the Sanitary Sewer Sub -Element several policies and two objectives have been updated to implement items from the approved septic to sewer conversion study. Those updated portions of the sub -element include Objective 2 and Objective 7, and Policies 2.3, 2.4, 2.6, 2.7, and 4.2. Collectively the updates reflect the County's decision to reduce septic system impacts on the Indian River Lagoon and St. Sebastian River by targeting high ranking septic to sewer projects based on the approved septic to sewer study. For each proposed change, the following two summary tables identifies the policy #, objective #, whether the change is to the non -policy text portion of the plan, the associated page proposed for amendment, and a brief description of the proposed change. Summary Table 1 relates to the Sanitary Sewer Sub -Element, and Summary Table 2 relates to the Future Land Use Element. Table 1: Sanitary Sewer Sub -Element - Summary of Proposed Edits Pages (Objective ) *Policy Description Various Updated agency names/departments responsible for various activities. Various Removed old/outdated references. Various Minor text edits. Various Updated maps. 7 Updated design capacity of Blue Cypress Sanitary Sewer Package Facility. 9 Additional detail added for "By -Product Disposal". 10 Updated text describing discharge and re -use of effluent. 10-13 Updated current demand at County Regional Plants. 14 Updated sludge and se to a disposal location & effluent disposal method for COVB Plant. 15 Up -dated summary table for County and COVB regional wastewater treatments stems. 19 Added history and current statistics on septic systems in County. Updated explanation of how a septic system functions. Added additional detail, including minimum size/capacities of septic sstems and agency responsible for permitting. 20 U dated list of factors that makes septic sstems challenging to permit. 21-22 Added information on life expectancy of septic systems, historic and current design criteria, problems with septic sstems, and maintenance recommendations. Added explanation regarding allowance for development and re -development of undersized lots and the allowance for septic sstems that do not meet current requirements. 22-24 Included text regarding the County's recently completed study that recognizes areas and subareas of the County in close proximity to the Indian River Lagoon, St. Sebastian River, and connecting waterways that are served by septic systems and have a higher negative impact on the lagoon water quality. Added a list of subdivisions for septic to sewer conversion within the Unincorporated Indian River County and City of Sebastian. 25-26 Updated state statute and Florida Administrative Code -references and updated text to include DOH -Indian River as the administrator for the IRC septic system program. Updated criteria for when connection to wastewaters stems is required. 27-28 Updated text on service areas for the County and City of Vero Beach. 30 Misc. text changes. 31 Updated table that lists typical concentrations for household wastewater, septic tank effluent and wastewater treatment plant effluent. 129 4 Table 1: Sa itary Sewer Sub -Element — Summary of Proposed Edits Cont'd Pages Description (Objective ) *Polk 32-33 Comparison of old (prior to 1983) and current (post 1983) design requirements and challenges of using septic systems in Indian River County ........ physical limitations, including a discussion on soils and suitability/unsuitability for septic systems and a discussion on inadequate depth of water table. Problems with not maintaining a septic system and inability to recognize the existence of groundwater and surface water contamination until septic backs up into a home. 34 Added text suggesting conditions under which the County may want to consider imposing retrofitting existing development and updating the criteria/conditions for when older areas need to be switched from private septic sstems to public sewer. 36 Removed outdated text that discussed the need to expand sewer plants. 37 Updated to only reference the Capital Improvements Element for the County's annually updated 5 year capital improvements program (no longer as an attachment to the Sanitary Sewer Sub -Element). 41 Changed "county utilities department" to "DEP" as responsible entity to inspect private -*Policy 1.2 wastewater treatment plants in Indian River County. 41 Removed the word "tank" from "septic tank systems". *Policy 1.6 42 Moved the completion date out from 2015 to 2025. Increased the % from 50% to 60% of all (Objective 2) existing units in the county's urban service area will be connected to the county's regional sewer system. Updated to include 2017 % of existing units that are connected to the county's regional sanitary sewers stem. 42 Replaced the word "service" with "systems" in the sentence "The county shall continue to -*Policy 2.1 offer the utility assessment program to areas with septic service....". 42 Updated to reference Table 3.A.3 for priority subdivisions for connection to public sewer -*Policy 2.3 systems due to public health threats. 42 Updated to reference Table 3.A.3.1 and to indicate that the County will provide "public" *Policy 2.4 sanitary service to areas where the lack of service is determined to be a public health threat and shall initiate sanitary sewer projects where feasible to serve priority subdivisions. 42 Deleted old policy that referred to coordinating with the City of Vero Beach and Town of *Policy 2.6 Indian River Shores to prepare a financial analysis for consolidating utility services. Added new policy for the county to perform a financial analysis for septic to sewer conversion projects by 2018 and to identify a list of subdivisions to connect to the public sewers stem and dates of connection. 43 New policy to require the county to connect at least five subdivisions identified in Table *Policy 2.7 3.A.3.1 to public sanitary sewer with costs to be recovered from those connecting to and directly enefiting from the system. 43 Edited policy to indicate that inspection results for heavy commercial and industrial uses *Policy 3.1 "may" (instead of "shall") be used to guide decisions for sanitary sewer service expansion. Additional minor text edits. 43 Edited policy to require samplings of on-site sewage systems of hazardous waste *Policy 3.3 generators. 130 5 Table 1: Sa itary Sewer Sub -Element — Summary of Proposed Edits (Cont'd Pages Description (Objective ) *Policy 43 Modified to "encourage" rather than "require" large volume irrigation users to use reuse *Policy 4.2 water for irrigation. 44 Clarifies that new subdivisions over 25 lots/units must connect to a county water "re -use *Policy 4.4 line". 44 Changed completion date for implementation of the Capital Improvements Element from *Objective 5 "2014" to "2022" and updated to only reference the Capital Improvements Element for the County's annually updated 5 year capital improvements program (no longer as an attachment to the Sanitary Sewer Sub -Element). 44 Minor text edit to direct reader to the Capital Improvements Element. *Policy 5.1 45 Minor text edit to refer to "impact fees' as "capacity charges". *Policy 5.5 45 Updated to add language regarding the County's commitment to identify and pursue —*Policy 5.6 opportunities for funding septic to sewer projects and sewer connections. 47 Changed "county utilities department" to "DEP" as responsible entity to inspect package *Policy 6.4 treatment plants in Indian River County. 48 Reduced the number of new septic systems that the County will permit annually by the year *Objective 7 2020 from 450 to 200. 48 Removed exception that allowed the use of septic systems to continue in residential *Policy 7.1 subdivisions other than those subdivisions listed in Table 3.A.3. Text edits to remove the word "tank" from "Septic tanks stems". 49 Updated to include reference to state statute. Minor text edits to address name changes. 7.2 —*Policy 49 Updated to reference DOH — Indian River's involvement and statutory requirements for *Policy 7.3 repair and replacement of septic sstems. 49 Updated minor texts to address name changes. Updated to reference SepticSearch.com as a —*Policy 7.4 source of information. 49 Added new policy to encourage a voluntary opt -in provision for septic system maintenance —*Policy 7.5 and to report maintenance activities. 49 Added new policy to encourage voluntary septic system repairs and modifications to meet *Policy 7.6 current design requirements. 51-53 Updated Summary Table 3.A.6 to reflect policy changes. Turn page (This space intentionally left blank). 131 6 Table 2: Future Land Use Element — Summary of Proposed Edits Pages Description (Objective ) *Policy 46, 63-64, 78- Numerous text edits to replace the word "septic tank" with "septic system". 79,85 & 87 63 Updated county sewer and septic statistics. 63 Changed "Indian River County Public Health Unit, Division of Environmental Health" to "Department of Health in Indian River County DOH -Indian River)"- iver ".78 78& 79 Changed "Environmental Health Department" to "DOH -Indian River". 164 Text edit to replace the word "septic tank" with "septic system". -*Policy 7.7 165 Text edit to replace the word "septic tank" with "septic system". Changed "Environmental -*Policy 7.11 Health Department" to "DOH -Indian River". Consistency with Comprehensive Plan Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the county code, the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan. For a proposed amendment to be consistent with the plan, the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan, which identify actions the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions -including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is Policy 14.3. Future Land Use Element Policy 14.3 In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a comprehensive plan amendment request. These criteria are: • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances ; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed Sanitary Sewer Sub -Element and corresponding land use element amendments meet Policy 14.3's third criterion. The proposed changes were either directed by the Board, or requested by a local agency/organization or staff due to changes in circumstances. For the proposed Sanitary Sewer Sub -Element and corresponding Future Land Use Element amendments, changed circumstances include the need to update outdated information and references, the need to 132 7 provide more feasible implementation dates, and the need to implement new policy recommendations from the recently approved septic to sewer study. Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the County's Comprehensive Plan. CONCLUSION Staff's position is that updating the county's Sanitary Sewer Sub -Element and corresponding portions of the Future Land Use Element, as proposed, is warranted based on changes in circumstances including the Board's desire to implement recommendations from the recently approved septic to sewer study, and to ensure that the county's comprehensive plan remains current and accurate. RECOMMENDATION: Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed Comprehensive Plan text amendment by approving the attached ordinance .and authorize the Community Development Director to transmit the ordinance and any related materials to the state land planning agency and interested parties. ATTACHMENTS: 1. Comprehensive Plan Text Amendment Application 2. July 5, 2017 Board of County Commissioners Agenda Item — Countywide Septic to Sewer Conversion Evaluation/Ranking Report — Results 3. Minutes from the February 8, 2018 PZC meeting 4. Minutes from the March 20, 2018 BCC Meeting 5. Letter from Department of Economic Opportunity and Related Correspondence from Review Agencies 6. Adoption Ordinance (includes Appendix A proposed Comprehensive Plan Text Amendment) FACommunity Development\Comprehensive Plan Text Amendments\2017 Sewer Policy Update\Agenda Items\BCC staff report for Sanitary Sewer Text amendment - June 2018.docx 133 8 ' APPLICATION FORM COMPREHKNSIVE PLAN TEXT AMENDMENT (CPTA) INDIAN RIVER COUNTY Planning Division accepts Comprehensive Plan Text Amendment ii�� only;cluxiih� fit.. the months of January, April, July and October of each year (except"" at �apif�r Improvements Element Amendments may be initiated by the County anytim���y' Tg th year in accordance with Florida Statutes, Section 163.3177(3)(b)). Each applicattuli.:�ni be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to �the applicant. EI e,+t S�.;- "r --y S.ewe; Swb`�,�'Mel;ll" Assigned Project Number: CPTA - ,26� 1.7 / U D D t/f — 8 63 74 Signature of Owner or Agent: Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub -element, page number, and if applicable, the objective and policy number(s). Revise several. elements of the County's..Comprehensive Plan. 2. What is the exact language proposed to be added and/or deleted from the plan? Various changes. 3. What is the purpose of the request? Minor text updates. 4. What is the justification for the request? Change in conditions. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of.the comprehensive plan. NA Provide an analysis of the proposed amendment's impact on public facilities and services. NA 7; Provide an analysis of the proposed amendment's environmental impacts. NA. 8. Provide a check, money order or cash in the amount of NA , made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. F!,Community Development\Comprehensive Plan Text AmendmentsUanuary 2016\CPTA FORM.doc AttachmenV4 1 Current Owner/Applicant Agent Name: Indian River County Board of County Commissioners Community Development Department Staff Complete Mailing Address: 1801 27th Street, Vero Beach, FL 32960-3365 Same Phone # (including area code) (772) 226 —1243 Same Fax #(including area code (772)978 —1806 Same E -Mail: Contact Person: Bill Schutt Signature of Owner or Agent: Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub -element, page number, and if applicable, the objective and policy number(s). Revise several. elements of the County's..Comprehensive Plan. 2. What is the exact language proposed to be added and/or deleted from the plan? Various changes. 3. What is the purpose of the request? Minor text updates. 4. What is the justification for the request? Change in conditions. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of.the comprehensive plan. NA Provide an analysis of the proposed amendment's impact on public facilities and services. NA 7; Provide an analysis of the proposed amendment's environmental impacts. NA. 8. Provide a check, money order or cash in the amount of NA , made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. F!,Community Development\Comprehensive Plan Text AmendmentsUanuary 2016\CPTA FORM.doc AttachmenV4 1 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 5, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Countywide Septic to Sewer Conversion Evaluation/Ranking Report — Results DESCRIPTIONS AND CONDITIONS: On October 18, 2016, under Consent Agenda Item 8-G, the Indian River County Board of County Commissioners (BCC) authorized staff to proceed in the development of a more comprehensive septic to sewer (S2S) priority ranking plan along with cost estimates for platted subdivisions currently on septic. As part of that approval, the BCC approved Work Order No. 2 for Schulke, Bittle & Stoddard, LLC, (SBS) to provide professional engineering services for a comprehensive countywide S2S priority ranking study based upon various physical and environmental factors as well as construction cost estimates. The study focused on platted subdivisions within the unincorporated Indian River County and City of Sebastian. ANALYSIS: SBS has completed the evaluation, and the entire report is attached as part of the subject staff. report. The goal of the evaluation is to prioritize the areas based upon various physical and environmental factors, and determine the feasibility of incorporating the proposed systems into the 10 -year Capital Improvements Plan, An IRC -specific formula was developed and modeled after similar studies for Martin County (Martin County Septic System Evaluation Final Report, CapTec Engineering, Inc.; February 13, 2015) and Brevard County (Save Our Lagoon Project Plan for Brevard County, Florida; TetraTech, Inc and Close Waters LLC; July 28, 2016). The. IRC formula was modified from the Martin and Brevard studies to consider and weigh physical and environmental factors that SBS and IRCDUS staff determined to be best representation of Indian River County conditions. The following factors were utilized in the initial ranking of the three hundred and twenty-five (325) platted subdivisions currently on septic: • Population Density for Loading Concentrations • Proximity to Surface Waters • Location of the Community in Relation to the 100 -year Flood Plain — FEMA Flood Plain • Depth of the Ground Water Table • Soil Conditions of the Drain Field — Soil Type • Age of the Surface Water Management System • Age of the Existing Onsite Sewage Treatment and Disposal Systems (OSTDS) Each factor was evaluated and assigned an index number that generally ranged from 0 to 12, with 0 being the minimum and 12 being the maximum impact. The formula used to determine the ranking is simply the sum of all the factors. The higher the resulting sum (the "score"), the higher the estimated impact to the Indian River Lagoon (IRL). This formula, initially developed for the Martin and Brevard Attachment 2 studies, weighed each factor relatively equally. However, SBS and IRCDUS staff agree that both factors, "Population Density" and "Proximity to Surface Waters", should be weighed more heavily. It is believed that these factors, at their worst conditions (systems close to surface waters communities with high density), will likely cause a disproportionately higher impact to the environment. Consequently, each of these factors, "Population Density" and "Proximity to Surface Waters", were adjusted by an "importance factor" that ranged from 1.0 to 2.0. The 325 subdivisions were ranked in the order of the overall score, where number 1 had the highest overall score (89.19) and number 325 the lowest (26.97). Once the initial ranking was finalized, an Engineers Opinion of Probable Cost (OPC) was computed for the top thirty five (35) ranked subdivisions. The top ranked subdivisions were further evaluated based on the following factors: 1. Aquatic Health - Environmental Impact Evaluation or the Initial Ranking 2. Sewer System Evaluation and Cost Data 3. TN/TP Efficiency - Since most references and studies showed that Phosphorus was removed by a functioning OSTDS, the TP efficiency computations were removed from the analysis Public Health - Based on the availability of potable water The SBS study evaluated the total nitrogen (TN) and total phosphorus (TP) removed from the S2S conversion for each individual area and computed a cost per pound for TN removal on the top 35 ranked subdivisions. TP (as noted above) computations were removed from the analysis. As part of the evaluation, average and peak wastewater flows generated by each of the top 35 ranked subdivisions were tabulated. By using the methodology described in the study, the top thirty five (35) ranking subdivisions have been identified with the highest overall rating (largest potential impact to IRL) within the geographical area in Indian River County to benefit from a centralized sewer system as follows. Rank Subdivision Name Rank Subdivision Name Rank Subdivision Name 1 Floravon Shores Subdivision 14 Sebastian Highlands Unit 02 Replat PG 2 24 Dales Landing Subdivision Tropic Colony Subdivision 2 Sebastian Highlands Unit 02 Collier 14 Hobart Landing Unit 3 24 Ames r,,, (A^ ^f E)**** 3 Sebastian Highlands Unit 05 16 River Shores Estates Units 1- 4 29 Winter Grove Subdivision 4 Hobart Landing Unit 2 17 Pine Tree Park Units 1-4 29 Kanawah Acres 5 Orchid Island No. 2 17 Indian River Heights Units 1 -9 31 Tropic Colony Subdivision 5 Sebastian Highlands Unit 04 17 Sebastian Highlands Unit 02 Replat PG 3 32 Halleluiah Acres 7 Orchid Island No. 1 20 Rain Tree Corner Subdivision 33 Little Portion Subdivision Replat OF 8 Sebastian Highlands Unit 01 21 Diana Park Subdivision 34 Sebastian Highlands Unit 02 Replat PG 4 8 Ambersand Beach Sub No 1 & 2 22 Verona Estates Subdivision 35 Heritage Trace at Hobart* 10 Sebastian Highlands Unit 03 22 Sebastian Highlands Unit 13; Little Portion Subdivision Replat Of 11 Sebastian Highlands Unit 02 24 Hobart Landing Unit 1 11 Naranja TR Shellmound Bch Replat of POR 24 Hallmark Ocean Subdivision 13 Orchid Isle Estates Subdivision 24 Stevens Park Unit 1 & 2 * These communities are included in the evaluation due to their proximity to one or more top 30 ranked communities. ** It is recommended that the Amos subdivision not be considered in the capital improvement program. Ranking results are due to an anomaly in the methodology. Attachment 2 136 \\10.176.2.252\granicus_nas\insite\files\IRCG\Attachments\579debbe-7f6f-46be-a910-53 a a2b098132.dcc FUNDING: There is no funding required for the report delivery. On October 18, 2016, the BCC approved Work Order No. 2 for Schulke,. Bittle & Stoddard, funded from the Utilities Capital Fund in the amount of $86,300. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. On March 7, 2017, the BCC recommended the adoption of Resolution No. 2017-021 authorizing signatory authority to the County Administrator for finalizing the agreement accepting a Technical Assistance Grant in the amount of $35,000 from the Department of Economic Opportunity (DEO). This grant reduced the amount funded from the Utilities Capital Fund to $51,300. Description Account Number Amount Countywide Septic to Sewer 472-169000-17501 $51,300.00 DEO Technical Assistance Grant $35,000.00 Total Funding for Report $86,300.00 RECOMMENDATION: Staff recommends approval of the following • Countywide Septic to Sewer Ranking by adopting the report prepared by Schulke, Bittle & Stoddard, LLC. • Work with Community Development Long Range planning staff to incorporate the findings into the IRC 2030 Comprehensive Plan Chapter 3A, Sanitary Sewer Sub -Element for BCC review and approval at a later date. • Make the report available on-line. ATTACHMENT(s): Countywide Septic to Sewer Ranking Report by Schulke, Bittle & Stoddard, LLC (57 Pages) Attachment 2 137 \\10.176.2.252\granicus_nas\insite\files\IRCG\Attachments\579debbe-7f6f-46be-a910-53 aa2b098132.doc Mr. Roland DeBlois, Environmental and Code Enforcement Chief, provided background of the County's 1990 adoption of the more conservative CON -2 zoning as opposed to the previous default RS -1 designation for properties along the wetlands, and that the RS -1 zoning functions as a 'holding. zoning" until an estuary wetlands survey is prepared to determine specific CON -2 boundaries. ON MOTION BY Mr. Brognano, SECONDED BY Ms. Waldrop, the .members voted unanimously (5-0) to approve staff recommendations on this Quasi - Judicial matter. Chairman Polackwich read the following into the record: C. An ordinance of Indian River County, Florida, amending the text. of the sanitary sewer sub -element, future land use element, and coastal management element of the County's Comprehensive Plan and providing codification, severability, and effective date. [Legislative] .Part 1: Sanitary sewer sub -element amendments and related amendments to the Future Land Use Element. Mr. William Schutt, Senior Economic Development Planner, detailed proposed edits relating to sanitary sewer in the Future Land Use Element and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commissioners recommend that the BCC approve the proposed Future LandUse Element Comprehensive Plan text amendments for transmittal to state and regional review agencies. Ms. Judy Orcott, Chairperson of the Lagoon Committee for Indian River Neighborhood Association, reported that the County's fertilizer ordinance has been proven to reduce the amount of nitrogen levels in the lagoon. She addressed the approximate 35,000 septic systems in the County and the time and financial obstacles involved in either improving these current systems and treatment methods or ideally connecting to County sewer. She explained that the septic systems installed prior to 1983 have only a six. -inch separation between the ground water and the drainfield whereas those installed after 1982 require twenty-four inches, adding that approximately half of the County's septic systems have only the six-inch separation. She recommended that as older systems are issued repair permits, they be required to raise the drainfield to the current code of twenty-four inches. She inquired about possible mandatory connections as sewer infrastructures are created and stated her hope for higher annual goals for PZC/Approved 5 February 8, 2018 FABCCWII Comm ittees\P&Z\2018—AG E N DAS & MINUTES\PZC 020818.doc 138 Attachment 3 the County to convert septic systems to sewer connections. She concluded by discussing the biosolids that are allowed to be spread on Indian River County farmland and ultimately end up in our water systems. Ms. Cheryl Dunn, Environmental Health Manager, discussed permits for repairs, modifications and new septic systems that her office is responsible for administering. She explained that her department can "encourage" homeowners to meet the twenty -four -inch separation between the drainfield and groundwater but that it is voluntary and unenforceable at this time for septic systems installed before 1983. She indicated that as the septic contractors typically pull repair permits, there is little to no communication between the homeowner and her department until final inspections are performed. She described the significant cost to individual homeowners to raise the drainfields, adding that for some smaller properties it could be challenging because there may not be enough lawn space available. She advised that while there are currently no funds or incentives offered for homeowners to upgrade their drainfield or treatment systems, her wish is that they will become available at least for areas that while sewer connection is not a reality, sewage may be impacting the lagoon. Mr. Vincent Burke, Utility Services Director, outlined mandates for new subdivisions and commercial development to connect to county sewer as well as determinations of mandatory connection for failed septic systems. He compared the costs to repair or upgrade existing septic systems to that of connecting to County sewer or the ultimate cost to the environment if neither option is chosen. He stated that the creation of new sewer infrastructure includes not only the price of sewer lines and pump systems, but the destruction of roadways, making these projects a public works issue as well. He concluded that his department continues to apply for grants from the State, District and the National Estuary Program (NEP) and that additional funding could shorten the timelines needed to connect communities to the County sewer system. Extensive discussion followed regarding County staff's commitment to pursue and identify opportunities to address goals, objectives and policies relating to sanitary sewer connections and septic systems. ON MOTION BY Mr. Stewart, SECONDED BY Ms. Waldrop, the members voted unanimously (5-0) to approve staff recommendations on this Legislative matter with language added regarding the County's commitment to pursue and identify opportunities. Part 2: Coastal management element amendments and related amendments to the Future Land Use Element. PZC/Approved 6 February 8, 2018 F:\BCC\All Committees\P&Z\2018—AGENDAS & MINUTES\PZC 020818.doc 139 Board of County Commissioners Meeting Minutes - Final March 20, 2018 10.A.2. 18-1586 Transmittal Public Hearing: County Initiated Request to Amend (Update) the Text of the Sanitary Sewer Sub -Element for Septic to Sewer Conversion and the Associated Text of the Future Land Use Element; and Amend the Text of the Coastal Management Element for Sea Level Rise and Associated Text of the Future Land Use Element of the County's Comprehensive Plan (Legislative) Recommended action: Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners adopt the attached resolution for transmittal of the following proposed Comprehensive Plan text amendments to state and regional review agencies: 1. Amendments to: a. The Sanitary Sewer Sub -Element and corresponding Future Land Use Element, and b. The Coastal Management Element and related Future Land Use Element after review and consideration of the next staff report, and 2. Announce its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process. Attachments: Staff Report Comprehensive Plan Text Amendment Application Staff Report July 5, 2017 - BCC Agenda - Septic to Sewer Evaluation/Ranking Report Unapproved Minutes of the February 8, 2018 Planning and Zoning Commission meeting Proposed Revisions to the Sanitary Sewer Sub -Element Proposed Revisions to the Future Land Use Element Transmittal Resolution Community Development Director Stan Boling relayed the State's preference in having Comprehensive Plan Amendments transmitted together, and suggested that the motion and voting follow the Presentations, Public Hearings and Discussion on this item and Item I O.A.3., as they both involve policy updates and text amendments to the Sub -Elements and Elements of the County's Comprehensive Plan. There were no objections from the Board. Director Boling used a PowerPoint Presentation to highlight the process involved in bringing the text amendments back for a Final Hearing and relayed the policy changes and objectives involved in the proposed updates related to the Sanitary Sewer Sub -Element. A discussion ensued concerning the proposed regulations for new construction, the proposed reduction in septic permits to be issued in the future, a request for additional information on mandatory septic to sewer hookups, and for allowing the Developmental Review and Permit Processing Committee an opportunity to provide feedback and guidance. County staff noted that the majority of permits issued were septic repair permits Indian River County Florida a Attachment 41,*&e 11 Board of County Commissioners Meeting Minutes - Final March 20, 2018 and the proposed septic permit numbers were goals rather than regulations. Director Boling explained that there were requirements and regulations to be followed and that nothing in the proposed policy changes would prohibit the Board from looking at each project individually. Chairman O'Bryan opened the Public Hearing. Joseph Paladin, President of Black Swan Consulting, addressed the Board conveying his experience and opinion regarding septic -to -sewer connections. There being no other speakers, the Chairman closed the Public Hearing. The Board deferred the vote to Item 10.A.3. Indian River County Florida 1,*1ge 12 Board of County Commissioners Meeting Minutes - Final March 20, 2018 10.A.3. 18-1596 Transmittal Public Hearing: County Initiated Request to Amend the Text of the Coastal Management Element and Future Land Use Element of the County's Comprehensive Plan Relating to Sea Level Rise (Legislative) Recommended action: Staff recommends that the Board of County Commissioners (1) adopt the resolution for transmittal of the proposed comprehensive plan text amendment to the state and regional review agencies, and (2) announce its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process. Attachments: Staff Report Florida Statutes Section 163.3178 Senate Bill 1094 Draft Minutes from the February 8. 2018 PZC Meetin Proposed amendments to the Coastal Management Element Proposed amendment to Policy 17.5 of the Future Land Use Element Coastal Management Element Obiective 5 & Capital Improvements Element Obiective 2 Transmittal Resolution Director Boling used a PowerPoint Presentation to provide background on the Coastal Management Element of the Comprehensive Plan related to Sea Level Rise, along with future Sea Level Rise projections and scenarios regarding Sea Level Rise Inundation. He explained that storm surges were not included in the numbers projected, and detailed the proposed amendment revisions. Discussion ensued amongst the Board and County Attorney Dylan Reingold regarding the County's responsibility when issuing building permits in areas that could be impacted by a rising sea level. The Chairman opened the Public Hearing. Bob Johnson, Coral Wind Subdivision, addressed the Board with comments and concerns. County Administrator Jason Brown explained that the County is continually planning for storm resiliency. There being no other speakers, the Chairman closed the Public Hearing. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to: 1) approve staffs recommendation; and 2) approve Resolution 2018-035, approving the transmittal of proposed Indian River County Comprehensive Plan text amendments to State and Regional Review Indian River County Florida 1 *be 13 Board of County Commissioners Meeting Minutes - Final March 20, 2018 Agencies. These text amendments relate to: a) the Sanitary Sewer Sub -Element for Septic To Sewer Conversion and the associated text of the Future Land Use Element; and b) the Coastal Management Element for Sea Level Rise and the associated text of the Future Land Use Element. The motion carried by the following vote: Aye: 4- Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and Commissioner Zorc Absent: 1 - Vice Chairman Solari B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. 18-1605. Notice of Scheduled Public Hearing for April 3, 2018: Ocean Trail, LLC's Request for Vacation of the Hideaway Cove Subdivision Plat [PVSD-79-04(221) / 2000120037-80175] (Legislative) Recommended Action: This notice of public hearing is provided for the Board's information. No action is needed at this time. County Attorney Dylan Reingold.announced the Public Hearing, which is scheduled for April 3, 2018. No Action Taken or Required 10.C.2. 18-1607 Notice of Scheduled Public Hearing for April 3, 2018: Ocean Trail, LLC's Request for Abandonment of the west 20 feet as shown as additional right-of-way dedication, on the plat of Hideaway Cove Subdivision [ROWA-17-11-05 /2000120037-80055] (Legislative) Recommended Action: This notice of public hearing is provided for the Board's information. No action is needed at this time. County Attorney Dylan Reingold announced the Public Hearing, which is scheduled for April 3, 2018. No Action Taken or Required The Chairman called for a recess at 10:32 a.m., and reconvened the meeting at 10:45 a.m. With the exception of Commissioner Solari, all members were present. 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS Indian River County Florida 1,*&e 14 Rick: Scott 1-f' Cissy Proctor GOVERNOR _ _ EXECUTIVE DIRECTOR FLORIDA u"iEPARK`-1—ME If ECONOMIC OPPORTUNITY April 27, 2018 The Honorable Peter D. O'Bryan Chairman, Indian River County Commission 1801 27th Street Vero Beach, Florida 32960 Dear Chairman O'Bryan: The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the Indian River County (Amendment No. 18-1 ESR), which was received on March 29, 2018. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comment related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment if adopted. The County is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the County. If other reviewing agencies provide comments, we recommend the County consider appropriate changes to the amendment based on those comments. If unresolved, such comments could form the basis for a challenge.to the amendment after adoption. The County should act by choosing to adopt, adopt with changes, or not adopt the.proposed amendment. Please note that Section 163.3184(3)(c)l, F.S., provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 1 www.floridajobs.org Attachment 5 www.twitter.com/FLDEO Iwww.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. Nip' rvice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Seat 7 444 Indian River County 18-1 ESR Proposed Amendment April 27, 2018 Page 2 We appreciate the opportunity to work with the County's staff in the review of the amendment. If you have any questions concerning this review, please contact Ed Zeno, at (850) 717-8511, or by email at ed.zeno-gonzalezCa deo.myflorida.com. Sincerely, /Bureau . Stansbury, Chie of Community Planning and Growth JDS/ez Enclosure: Procedures for adoption of comprehensive plan amendments cc: Stan Boling, AICP, Director, Community Development Department, Indian River County Mike Busha, Executive Director, Treasure Coast Regional Planning Council 145 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of. Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: State Land Planning Agency identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone; FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. Effective: June 2, 2011 Page 1 g 146 ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike- through/underline format. In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a :copy of which resolution shall be sent to the state land planning agency. List of additional changes made in the adopted amendment that the State Land Planning Agency did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the State Land Planning Agency in response to the comment letter from the State Land Planning Agency. Effective: June 2, 2011 Page 2 47 Bill Schutt From: Sent- To: Cc: Subject: To: Bill Schutt, Senior Planner Plan -Review <Plan.Review@dep.state.fl.us> Thursday, April 26, 2018 2:13 PM Bill Schutt; DCPexternalagencycomments Plan Review Indian River County 18-1ESR Proposed Re: Indian River County 18-IESR -Expedited State Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above -referenced amendment package under the provisions of Chapter 163,. Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. - Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please submit all future amendments by email to plan.review@dep. state. fl.us. If your submittal is too large to send via email or if you need other assistance, contact Suzanne Ray at (850) 717-9037. 751 148 OFFICE OF THE COMMISSIONER THE CAPITOL (850) 617-7700 £ = "t '� 400 SOUTH MONROE STREET r- �1 TALLAHASSEE, FLORIDA 32399-o800 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM April 25, 2018 VIA EMAIL (bschutt@ircgov.com) Indian River County Community Development Department Mr. Bill Schutt 180127"' Street Vero Beach. Florida 32960-3365 Re: DACS Docket # -- 20180326-1090 Indian County Sanitary Sewage and Coastal Management Submission dated March 23, 2018 Dear Mr. Schutt: The Florida Department of Agriculture and Consumer Services (the "Department") received the above - referenced proposed comprehensive plan amendment on March 26, 2018 and has reviewed it pursuant to the provisions of Chapter 163, Florida Statutes to address any potential adverse impacts to important state resources or facilities related to agricultural, aquacultural, or forestry resources in Florida if the proposed amendment(s) are adopted. Based on our review of your county's submission, the Department has no comment on. the proposal. . If we may be of further assistance, please do not hesitate to contact -me at 850-410-2280. Sincerely, Derek Buchanan Budget Director Office of Policy and Budget cc: Florida Department of Economic Opportunity . (SLPA #: Indian River County 18-1 ESR) FIe$� 1-800-H ELPFLA Flixida: www.FreshFromFlori4aj9m Bill Schutt From: Bush, Lois <Lois.Bush@dot.state.fl.us> Sent: Tuesday, April 24, 2018 9:28 AM To:. DCPexternalagencycomments; Bill Schutt Cc: Hymowitz, Larry; Beck, Katherine Subject: Indian River County 18-1ESR - FDOT District Four Review Sent on behalf of Larry Hymowitz: I am writing to advise you that the Department will not be issuing formal comments for the proposed Indian River County comprehensive plan amendments with DEO reference number 18-IESR. The Department requests an electronic copy in Portable Document Format (PDF), of all adopted comprehensive plan amendment materials, including graphic and textual materials and support documents. Thank you. Larry Hymowitz Planning Specialist — Policy Planning & Growth Management Planning & Environmental Management - FDOT District Four 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Phone: (954) 777-4663; Fax: (954) 677-7892 tarry. hymowitzOdot. state. fl. us 150 N m' SM T CD r -I C cu C C a) E m E A O Q E a O O > U i N "O O C E cu Ng -0 o C: a @) a) Q +-00 E O N O Q V N V C: m C o N OCM O co U L i L.L. CO + X C > 6. N 6co- a) a) O = U p V) i•� L V J^ L `i V) F�- u Ln D v E c O C N a) � E a) m E co E Q O O O C a) >m t� QJ !L E ra Y O N U U �L a) N Op I? O N L an > L Y aj � Y U -p L a) E C f6 3 a) � t E wY Y 3 0 0 Y ,v O L a) a) � L N C -0 Q m N C �O Ln Co 'aZ fc6 U v L L O N 4.1 ;O O M i a� O O � � c m `6 W E L a, a) c Q O m N t U O µ- CU o N Y N v C 3 O 6 L N T > o °C CL > N a) fD 0 O n•3� N L Y 'a a, O } E co L y� Y C L Y Y 0 O C r4 a) E o E a) (, mM :t-0 L L m 7 E E L () a) M C N fS6 3 O U Y a) J U U Q (6 a• ` f6 'N a L (u Ln Zo E N 3 h N C _ l6 >M N N N C 0 v z C O C Q> O m N -0 E L � m a) m t to > 3 a) LL L C OC C Cop m N L L '(6 C O O >p O Q C C i V) in � cn u _" O 0 V) nw � O U YL ƒ § 0 _ .2 2 u ? / u « @ R 3 k / � w § E k � _ S / 0 0 / § m 2ctj % m \ � 2 � A / § 3 ƒ7q ƒk� �r7 u9e� 7»R7 o y ) � � o •- �•� ƒ \2 • q d22w 2ct §2 a) Id �§ 4 ? / zo ( \ Bill Schutt From: Stephanie Heidt <sheidt@tcrpc.org> Sent: Monday, May 21, 2018 7:30 AM To: DEC) CPA Reports (DCPexternalagencycomments@deo.myflorida.com)'; Stan Boling; Bill Schutt Cc: ray.eubanks@deo.myflorida.com; Ed Zeno (ed.zeno-Gonzalez@deo.myflorida.comj; Thomas Lanahan Subject: Indian River County Comprehensive Plan Amendment No. 18-1ESR Attachments: 4B6_Indian_River_County_181ESR.pdf Council has reviewed the above -referenced amendments in accordance with the requirements of Chapter 163, Florida Statutes. A copy of the report approved by Council at its regular meeting on May 18, 2018 is attached. Please send one copy of all materials related to these amendments directly to our office once they are adopted by your governing body. If you have any questions, please feel free to contact us. Stephanie Heidt, AICP Intergovernmen tal/Brownfields Coordinator Treasure Coast Regional Planning Council 772.221.4060 Office 772.475.3863 Cell sheidt@tcrpc:org 153 TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 4136 From: Staff Date: May 18, 2018 Council Meeting Subject: Local Government Comprehensive Plan Review Draft Amendment to the Indian River County Comprehensive Plan Amendment No. 18-IESR Introduction The Community Planning Act, Chapter 163, Florida Statutes, requires that the regional planning council review local government comprehensive plan amendments prior to their adoption. The regional planning council review and comments are limited to adverse effects on regional resources or facilities identified in the strategic regional policy plan (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. Council must provide any comments to the local government within 30 days of the receipt of the proposed amendments and must also send a copy of any comments to the state land planning agency. The amendment package from Indian River County was received on March 27, 2018 and contains proposed text changes to the Sanitary Sewer Sub -Element of the Infrastructure Element, the Future Land Use Element, and the Coastal Management Element of the comprehensive plan. This report includes a summary of the proposed amendment and Council comments. Summary of Proposed Amendment The proposed amendment package includes revisions to the Sanitary Sewer Sub -Element of the Infrastructure Element to address septic system to central sewer system conversion, revisions to the Coastal Management Element to address sea level rise and flooding, and revisions to the Future Land Use Element to ensure consistency with the changes proposed to the Infrastructure and Coastal Management elements. The county has provided the changes in strikethrough and underline format. Because of the extensive volume of material in the amendment package, the revised elements have been provided as a supplement to this report on Council's website. The most significant changes in the comprehensive plan are summarized below: 154 Sanitary Sewer Sub -Element of the Infrastructure Element The county's staff report states that 45% of the parcels in the county are served by a central sewer system and that 55% are utilizing septic systems. The challenges to septic system use in the county are a high water table, reduced permeability layer (hardpan), parcels less than '/2 acre in size, proximity to wells and surface water and the resulting contamination potential, and maintenance. As directed by the Board of County Commissioners, the staff began a multi -stage effort to study and address the issues. The proposed amendments are one of the implementation stages now that the initial studies are complete: • Updates data and terminology throughout the sub -element. • Adds discussion of the 2017 study of subdivisions currently served by septic systems which are close to the Indian River Lagoon, St. Sebastian River, or drainage canals, which identified those with a disproportionately higher negative impact on the Lagoon water quality, and which examined the feasibility of conversion to central sanitary sewer service. • Adds Table 3.A.3.1 which provides a ranking of impactful subdivisions based on the best cost/benefit ratio for Total Nitrogen removal through septic conversion. • Updates narrative text for service areas and regulatory framework. • Revises Objective 2 to increase the goal from 50% to 60% for units in the service area connected to central sewer. • Revises Policy 2.3 to refer to Table 3.A.3 listing subdivisions needing prioritized sanitary sewer service due to a public health threat. • Revises Policy 2.4 to require the initiation of feasible sewer projects to convert the subdivisions in Table 3.1.3.1 from septic to sewer due to their disproportionate negative impact on the water quality in the Indian River Lagoon. • Replaces Policy 2.6 with a requirement for performance of a financial analysis of septic to sewer conversion projects and establishment of a list of specific subdivisions and dates by 2018. • Adds Policy 2.7 requiring that at least five of the subdivisions in Table 3.A.3.1 shall be provided with central sanitary sewer service by 2028. • Revises Objective 3 regarding Department of Health inspections of septic systems at heavy commercial, industrial, manufacturing, and equivalent uses and requiring sampling of sites suspected of illegal discharges. • Revises Objective 7 to reduce the limit target on new septic systems from 540 to 200 per year. 155 • Adds Policy 7.5 concerning documentation of septic system maintenance. • Adds Policy 7.6 encouraging the provision of the current 24 inch required separation from the bottom of the drain field to the top of the water table and the provision of a 75 foot setback from surface water and wells for all septic system repairs. Coastal Management Element Senate Bill 1094 adopted in 2015 modified Section 163.3178(2)(f) of the Florida Statutes to require local governments to include in their comprehensive plan development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high -tide events, storm surge, flash flood, stormwater runoff, and the related impacts of sea -level rise. According to the county's staff report, they researched and evaluated various projections of sea level rise, as those projections relate to Florida and particularly Indian River County, and evaluated the best available information on inundation scenarios, likely potential impacts during a 40+ year planning horizon (to year 2060), and appropriate policies to address potential impacts. Based on the best available data from the National Oceanographic and Atmospheric Administration Coastal Service Center sea level projection models and best available local projected inundation data (including LiDAR elevation data), county staff mapped one, two, and three foot sea level rise inundation scenarios. The county's staff report indicates that the findings were that more than 85% of the existing coastal wetlands are at risk of inundation under the three foot sea level rise scenario; most physical infrastructure such as roadways, power plants, airports, landfills, hospitals, and schools in the county that are considered critical facilities would not be substantially impacted under the one, two and three foot sea level rise scenario; the vast majority of the worst case scenario inundation impacts (three foot rise by 2060) are projected to occur within the Coastal High Hazard Area (CHHA, the area below the storm surge line of a Category 1 hurricane); and mitigation strategies that will likely have the greatest effect on reducing exposure to inundation risk due to one, two and three foot sea level rise scenarios involve reducing the population and development potential within the CHHA. The proposed amendment: Revises the Existing Conditions section to summarize various sea level rise measurements, assessments, and projection studies that have occurred to date. • Revises the Analysis section to add estimates of possible and likely sea level rise impacts to various geographic areas under the one, two, and three foot sea level rise inundation scenarios and evaluated potential sea level rise impacts to existing public facilities and infrastructure. • Adds Objective 15 calling for the county to adopt, implement, and pursue strategies that increase community resiliency and protect property, infrastructure, and cultural and natural resources from the impacts of sea level rise. 156 • Adds Policy 15.1 requiring that by 2022 the county shall conduct an inventory and identify public facilities, coastal wetlands, and infrastructure that may be at risk to sea level rise, and shall consider resiliency improvements and infrastructure relocations as part of capital improvement plans where warranted. • Adds Policy 15.2 requiring that during major plan evaluations and updates, sea level rise projections shall be considered when evaluating or updating policies related to sea level rise. • Adds Policy 15.3 requiring that beginning in 2022, every five years the county shall review and update sea level rise projections used in the Coastal Management Element. • Adds Policy 15.4 requiring that on an on-going basis the county shall coordinate with local municipalities on sea level rise adaptation and mitigation measures. • Adds Policy 15.5 adopting the CHHA as an Adaptation Action Area (AAA) for mitigation measures and resiliency improvements, as well as limiting public infrastructure expenditures. • Adds Policy 15.6 requiring that by 2023 the county shall re-evaluate the flood zone requirements and mitigation strategies within the AAA. • Adds Policy 15.7 whereby the county prohibits new adult congregate living facilities, nursing homes, and other similar facilities which serve special needs populations in the AAA. • Adds Policy 15.8 whereby the county prohibits increases in land use designation densities within the AAA. Future Land Use Element • Revises text to coordinate with proposed terminology changes in the Sanitary Sewer Sub - Element of the Infrastructure Element. • Revises Policy 17.5 to incorporate proposed changes in the Coastal Management Element by adding text describing that the Coastal High Hazard Area is designated as an Adaptation Action Area and subject to the density and land use restrictions in Objective 15 of the Coastal Management Element. Regional Impacts No adverse effects on regional resources or facilities have been identified. 157 Extrajurisdictional Impacts Council requested comments from local governments and organizations expressing an interest in reviewing the proposed amendment on March 29, 2017. No extrajurisdictional impacts have been identified. Conclusion No adverse effects on regional resources or facilities and no extrajurisdictional impacts have been identified. Indian River County is commended for taking a proactive approach to studying, identifying, and beginning to eliminate the negative water quality impacts on the Indian River Lagoon caused by septic systems in proximity to waterways and drainage canals. Recommendation Council should approve this report and authorize its transmittal to Indian River County and the Florida Department of Economic Opportunity. Attachments 158 Exhibit General Location Map List of Exhibits 159 Exhibit 1 General Location Map 1FF� i ,tm c vs ja in �puew64oSISL9N3 M u 4N Rd Ro1ert Pa 40uuN 1609 N3 y o JJ , and 96 L I PNaja, silazflZL9N3 I J W U rO, m A 1 u no o e I o a o so 11—_ rw W 0 z c v 0 w U � m 0 0' o c U •C N N Na 7 c d N � 3 Q: o 160 ORDINANCE NO. 2018 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE SANITARY SEWER SUB -ELEMENT AND THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990; and WHEREAS, the County received Comprehensive Plan amendment applications during its October 2017 amendment submittal window; and WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this comprehensive plan amendment request on February 8, 2018, and WHEREAS, the Local Planning Agency, after receiving public comments, recommended that the Board of County Commissioners transmit the comprehensive plan amendment listed below to State and Regional review agencies; and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on March 20, 2018, after due public notice, and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to State and Regional review agencies; and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold an advertised final public hearing at the adoption stage of this plan amendment; and WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review agencies; and WHEREAS, State and Regional review agencies had no objections to this amendment; and WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption Public Hearing on June 5, 2018, after due public notice, which was continued to their June 12, 2018 meeting. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and the Board of County Commissioners directs staff to transmit the amendment to the State and Regional review agencies. 1 Attach 61 nt 6 ORDINANCE NO. 2018 - SECTION 2. Amendment to the Comprehensive Plan AMENDMENT OF THE TEXT OF THE SANITARY SEWER SUB -ELEMENT AND THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (APPENDIX A). SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. This ordinance was advertised in the Press -Journal on the 201h day of May, 2018, for a public hearing to be held on the 5th day of June 2018, at which time it was continued until the June 12`h 2018 Board of County Commissioners meeting at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Joseph E. Flescher, Commissioner Timothy Zorc, Commissioner Susan Adams, Commissioner 2 162 ORDINANCE NO. 2018 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director F:\Community Development\Comprehensive Plan Text Amendments\2017 Sewer Policy Update\Resolution and Ordinance\Comp Plan Text Amendment Adoption Ordinance - June 2018 Continued Public Hearing.doc 163 Indian River County 2030 Comprehensive Plan Indian River County Community Development Department Adopted: October 12, 2010 Supplement # ; Adopted I 1 , 2018, Ordinance 20187 Appetld4x A TABLE OF CONTENTS INTRODUCTION.......................................................................................................................... 1 PURPOSE.................................................................................................................................... 1 DEFINITIONS................................................................................................................................ 2 BACKGROUND............................................................................................................................ 4 HISTORY................................................................................................................................... 4 COUNTY UTILITIES DEPARTMENT.................................................................................... 4 CENTRALIZED REGIONAL SYSTEM ........................ :.......................................................... 5 EXISTING CONDITIONS............................................................................................................. 8 SANITARY SEWER PROCESS............................................................................................... 8 Collection................................................................................................................................ 8 Treatment................................................................................................................................ 8 By -Product Disposal....................................................................................:.......................... 9 PUBLIC SEWER SYSTEM....................................................................................................... 9 South Regional Sewer Service Area..................................................................................... 10 WestSewer Service Area...................................................................................................... 11 CentralSewer Service Area.................................................................................................. 12 NorthSewer Service Area.................................................................................................... 13 City of Vero Beach Sewer Service Area............................................................................... 14 Finance.................................................................................................................................. 16 PRIVATE SEWER SYSTEMS.......................................................................:........................ 18 SEPTICSYSTEMS.................................................................................................................. 19 Septic to Sewer Study: Evaluation and Ranking...................................................................... 23 REGULATORY FRAMEWORK................................................................................................ 25 FEDERAL................................................................................................................................. 25 STATE...................................................................................................................................... 25 LOCAL..................................................................................................................................... 26 ANALYSIS................................................................................................................................... 27 COLLECTIONSYSTEM......................................................................................................... 27 ServiceArea.......................................................................................................................... 27 System Evaluation and Maintenance.................................................................................... 28 Service to New Development............................................................................................... 29 SepticSystems....................................................................................................................... 30 TREATMENT........................................................................................................................... 35 PublicTreatment Plants......................................................................................................... 35 PrivateTreatment Plants....................................................................................................... 39 EFFLUENT DISPOSAL ........................................ ...................... 39 ............................................ SUMMARY OF ANALYSIS................................................................................................... 40 GOAL, OBJECTIVES AND POLICIES...................................................................................... 41 GOAL....................................................................................................................................... 41 Community Development Department Indian River County i Appendix A OBJECTIVE 1 Service Concurrent with Development ............................... OBJECTIVE 2 Regional System Expansion/Correction of Deficiencies.... OBJECTIVE 3 Surface Water and Groundwater Quality ............................ OBJECTIVE 4 Water Conservation............................................................ OBJECTIVES Capital Improvements......................................................... OBJECTIVE 6 Package Treatment Plants ................................................... OBJECTIVE 7 Septic Systems.................................................................... PT AN TMPT RMFNT A TTON EVALUATION AND MONITORING PROCEDURES ................................................. 54 Community Development Department Indian River County ii Appeddix A LIST OF FIGURES Figure 3.A.1 Indian River County WWTF Service Areas .................................. Figure 3.A.2 WWTF Capacity vs. Demand Community Development Department Cel .................................................... 37 Indian River County iii App eddIx A LIST OF TABLES TABLE 3.A.1 - SANITARY SEWER FACILITIES IN INDIAN RIVER COUNTY* ............... 7 TABLE 3.A.2 - COUNTY REGIONAL WASTEWATER TREATMENT SYSTEMS ............ 15 TABLE 3.A.3 - INDIAN RIVER COUNTY SUBDIVISIONS WITH INCREASED HEALTH RISKS AND/OR INCREASED PROBABILITY OF GROUNDWATER CONTAMINATION ASSOCIATED WITH CONTINUED SEPTIC TANK SYSTEM USE ...................................... 22 TABLE 3.A.3.1 - INDIAN RIVER COUNTY LIST OF SUBDIVISIONS FOR SEPTIC TO SEWER CONVERSION WITHIN UNINCORPORATED COUNTY AND CITY OF SEBASTIAN................................................................................................................................. 24 TABLE 3.A.4 - REGULATION OF SEWAGE.......................................................................... 26 TABLE 3.A.5 - TYPICAL CONCENTRATIONS FOR HOUSEHOLD WASTEWATER, SEPTIC TANK EFFLUENT AND WASTEWATER TREATMENT PLANT EFFLUENT ..... 31 TABLE 3.A.6 - SANITARY SEWER SUB -ELEMENT IMPLEMENTATION MATRIX....... 51 TABLE 3.A.7 - SANITARY SEWER SUB -ELEMENT EVALUATION MATRIX ................ 55 TABLE 3.A.8 - WATER & WASTEWATER CONNECTION MATRIX FOR NEW DEVELOPMENT......................................................................................................................... 56 Community Development Department Indian River County 1v Appedffix A INTRODUCTION Wastewater is a term used to describe water leaving a site as sewage. Generally, this includes water from the kitchen and bathroom sinks, toilets, dishwashers, clothes washers, and bath tubs/showers. Each day, every person within Indian River County produces an average of 100 gallons of wastewater. This wastewater has three possible destinations. First, it may enter an on-site sewage treatment and disposal system OSTDS , usually a septic tank followed by a drainfield, where it receives a minimum level of treatment. Second, it may go to a private sewage treatment plant, generally located near the dwelling unit or other structure. Private treatment plants usually provide a greater degree of treatment than septic systems. The third possible destination for wastewater is a regional treatment plant. Such regional plants may be located many miles from the structure where wastewater is generated. These plants generally provide a consistently greater degree of treatment than either septic systems or private plants. Wastewater treatment systems are comprised of three components; these are collection, treatment, and disposal. The importance of each of these three components varies with the type of wastewater system. This document will address the collection, treatment, and disposal characteristics of septic systems, private treatment plants, and regional treatment systems. PURPOSE The purpose of the Sanitary Sewer Sub -Element is to: • identify existing and projected demand and need (demand - supply = need) for sanitary sewer facilities based on the county's population, existing and future land use, capacity of existing facilities and any future changes to these facilities; • identify the .operational responsibilities, geographic service areas and levels of service provided by each facility; • identify those areas where public sewer will and will not be provided; and • identify environmentally sound methods of disposing of treated wastes and sludge from treatment plants. This sub -element will provide direction for the county in planning for the collection, treatment, and disposal of wastewater in a manner consistent with federal, state and local laws. In addition, the Sanitary Sewer Sub -Element will identify proposed locations and levels of service of sanitary sewer facilities. Finally, this element will establish sanitary sewer policies that complement the county's future land use pattern and serve as a means of directing future growth in the county. Community Development Department Indian River County 1 AppWdix A DEFINITIONS Wastewater means untreated sewage. Effluent means the liquid by-product of the wastewater treatment process. Wastewater Collection Network means the system of pipes which convey the untreated wastewater from individual homes and other establishments to the treatment plant. Wastewater Interceptors are defined as parts of the collection system which connect directly to and convey sewage to the treatment plant. Wastewater Trunk Mains are components of the collection system which connect directly to and convey sewage to the interceptors through a gravity system. Pump Stations are mechanical devices used to pump sewage through the collection network (force mains) for the purpose of transporting the untreated wastewaterto the treatment plant. Force Main means a pressurized segment of the collection system. Wastewater Treatment Plant means the facility which functions to remove solid and organic materials from the wastewater. Wastewater Treatment Process is the means by which solid and organic materials are removed from the untreated wastewater. Level of Wastewater Treatment is defined by the proportion of solid and organic materials removed from the wastewater. The most common levels of treatment are: primary, secondary, and tertiary. Primary Treatment removes between 30 and 35 percent of the organic material and up to 50 percent of the solids from the sewage. Because screens and settling tanks are the most common methods used to remove the solids, this process is also referred to as physical treatment. Secondary Treatment removes between 80 and 90 percent of the total organic material and suspended solids from the sewage. This level of treatment generally requires multiple steps involving one biological process and one or more physical processes for removal of suspended solids. Tertiary Treatment is a level of wastewater treatment which removes the organic material and suspended solids, synthetic organic compounds and inorganic chemicals. If not removed, these agents may cause pollution problems. .Tertiary treatment adds steps to the primary and secondary processes which will remove these pollutants. The most common tertiary processes Community Development Department Indian River County 2 AppMdix A remove compounds of phosphorus and nitrogen. The effluent from advanced treatment processes often approaches the quality of drinking water. Septic —Systems are small scale wastewater treatment systems consisting of two components. Those components are icall a septic tank where solids settle out and biological action occurs, and a drainfield where the remaining liquid is discharged and further treated. Septic systems provide a minimal level of wastewater treatment. Regional Wastewater Treatment Systems are large scale sanitary sewer systems comprised of three components: collection of raw sewage; treatment of the sewage; and the disposal of the treated sludge and effluent. Package Wastewater Treatment Plants are small treatment systems designed and built in modular units and having components similar to larger regional treatment facilities. Infiltration means water, other than wastewater, that enters a sewer system (including sewer service connections and foundation drains) from the ground through such means as defective pipes, pipe joints, connections or manholes. Inflow means water, other than wastewater, that enters a sewer system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Community Development Department Indian River County 3 App�ffdix A BACKGROUND An important aspect of wastewater or sanitary sewer planning involves examining existing conditions. Prior to that, however, it is helpful to consider the background or history of the wastewater system in the county. That provides a perspective regarding county policy on this matter. Instead of a static view of current conditions as the existing conditions section provides, the background section identifies recent trends in this area. HISTORY A review of recent history shows that Indian River County has owned and operated sanitary sewer facilities for only a relatively short time. Prior to the 1970's, the use of centralized facilities which provide the highest level of treatment and efficiency was limited to the densest and most intensely developed urban areas of the county. Those areas were located within or adjacent to the City of Vero Beach. While centralized sewer service has been available to the City of Vero Beach since 1926, the rest of the county did not have access to such service until the late 1970's. In the past, the use of privately owned sewer facilities provided the county with an alternative to publicly owned, centralized sewer services. Private sewer facilities are operated by private companies which are given the authority to provide wastewater service to specified areas. Most private wastewater systems provide service only to an individual subdivision or development. Prior to the establishment of the County Utilities Department in 1972, the regulation of wastewater facilities rested with several state and federal agencies and often focused on the permitting of new and the expansion of existing treatment facilities. By 1972, the regulatory agencies were becoming more intent on discouraging the use of individual septic tanks and small package systems. COUNTY UTILITIES DEPARTMENT Authorized to develop procedures and standards for utilities in the county, the County Utilities Department also issues utility permits. Initially formed to regulate privately owned utility systems, the Utilities Department was also charged with establishing a countywide utilities system. At the time that the utility department was created, centralized sewer services in the county were provided by the City of Vero Beach, by private utility companies, and by private systems serving individual buildings and developments. A majority of residential developments in the unincorporated county, however, relied on individual septic tanks for wastewater treatment and disposal. In 1973, a master sewage plan was developed for the county. That plan identified the need for publicly owned and. operated regional facilities to protect the public health and prosperity of the community. The plan outlined proposed service areas in the eastern portion of the county as well Community Development Department Indian River County 4 App�'ffdix A as the necessary facilities and capitalization required to implement the plan. The plan also recommended eventually incorporating private sewer treatment facilities into the county system. Also in 1973, the County and the City of Vero Beach entered into an agreement regarding the provision of sanitary sewer services. This agreement established boundaries for areas in the county that would receive services from the city. CENTRALIZED REGIONAL SYSTEM The county's first direct provision of wastewater treatment services took place in 1978, as the result of problems at two private sewer systems. The .Gifford system (later to be known as the Central Plant) and Ixora Park facilities had experienced system failures that resulted in the release of raw sewage into the surrounding areas. Because of these problems and their environmental impacts, the County Utilities Department assumed responsibility for the operation of these plants. The Central Plant has since been expanded, while the Ixora plant has been decommissioned. In 1982, county wastewater services expanded when the Utilities Department took over the operation of the Vista Royale and Vista Royale Gardens plants in the southern part of the county. This expansion continued with construction of the West Regional Wastewater Treatment Plant which began operation in 1986. Located. south of SR 60 and east of I-95, the West Regional Plant provides wastewater service for the rapidly growing SR 60 Corridor area. In the early 1990's, the County took over the operation and the maintenance of the Blue Cypress Lake Package Wastewater Treatment Facility. Utilities system expansion continued in the 1990's. In 1990, the county completed construction of the North County Plant. Then, the County acquired the South County Plant from General Development Utilities in 1993. In 1995, the county purchased the City of Sebastian's utilities system. In 1987, Indian River County adopted a Wastewater Master Plan which has been updated several times since then, most recently in December 2004. That plan identified a system of wastewater treatment facilities to accommodate the anticipated growth of the county. The Master Plan identifies five sewer service areas. Those areas are North, West, Central, South, and City of Vero Beach. One publicly owned and operated regional wastewater treatment plant exists within each of the five service areas. In addition to public facilities, septic tis -s, stand private treatment facilities currently exist and will continue to, exist in the county. -Table 3.A.1 lists existing wastewater treatment plants in Indian River County with their capacity and service area. Community Development Department Indian River County 5 Appbl?dix A Figure 3.A.1 Indian River County WWTF Service Areas Community Development Department Indian River County 6 AppRidix A . Mac CA f �c 8 ►pro.*.•.+.• . 44 ® �, Mr +•ear''. �•♦�I♦•♦�.•• ♦♦ ♦., ♦♦♦,.P !r. �+g .♦w.♦a u♦ Ott\\N\ ■■O■■ ��## ' i �t•*"♦,�:, L g Community Development Department Indian River County 6 AppRidix A TABLE 3.A.1 - SANITARY SEWER FACILITIES IN INDIAN RIVER COUNTY* * Excludes private permitted Industrial Waste Water facilities SOURCE: Indian River County Utilities Department Community Development Department Indian River County AppFfdix A PUBLIC PACKAGE SERVICE AREA DESIGN CAPACITY IN OR OPERATING OR GALLONS/DAY FACILITY PRIVATE ENTITY REGIONAL 1. North public IRC regional North of 77`" Street to North County 850,000 County Line & North Barrier Island 2. Central public IRC regional 26" Street and Vero Beach City limits 4,000,000 County to 69" Street 3. West public IRC regional South of 26' Street and west of City of 6,000,000 County Vero Beach 4. S. County public IRC regional Southeast mainland 2,000,000 5. Vero public Vero Beach regional Vero Beach, Ind. Riv. Shores, S. Barrier 4,500,000 Beach Island 6. Blue public IRC package Blue Cypress Improvement Dist. 17.00020;00 Cypress 7. Sun -Ag private Sun -Ag Co. package Sun -Ag Mobile Home Park near 50,000 MHP Fellsmere 8. Sun -Ag private Sun -Ag Co. package Sun -Ag Packinghouse near Fellsmere 2,500 Packing- house 9. Su -Rene Mobile private Su -Rene package Su -Rene Mobile Home Park 5,000 Home Park 10. Royal Oak private Royal Oak package Royal Oak Mobile Home Park 5,000 Mobile Home Park * Excludes private permitted Industrial Waste Water facilities SOURCE: Indian River County Utilities Department Community Development Department Indian River County AppFfdix A EXISTING CONDITIONS In assessing existing conditions, it is necessary to address the sanitary sewer system on several levels. First, it is necessary to differentiate among the various types of systems in the county. This involves separate consideration of the publicly -owned sewer systems, the privately -owned sewer systems, and individual septic systems. Second, it is necessary to identify individual service areas for both the public system and private systems. Finally, it is necessary to assess each type of system and service area in terms of collection, treatment, and disposal. SANITARY SEWER PROCESS Within the county, there are various sanitary sewer systems and service areas. Although specific aspects of the sanitary sewer process vary with the type of system, certain characteristics are the same, regardless of system type. Collection Once wastewater is generated by residences, businesses, industries, and other land uses, it is then conveyed from an individual establishment to a wastewater treatment plant by the collection network. Alternatively, the wastewater may go to an individual septic tank for on-site treatment. Where a centralized system is involved, however, the collection network is generally laid out in a pattern roughly comparable to the branching pattern of a tree. Whereas the smallest sewer pipes connect individual establishments to components of the collection system called trunk mains and interceptors, interceptors and trunk mains connect with and convey wastewater directly to the treatment plant. Treatment After being collected, wastewater is processed by a wastewater treatment plant. Presently, both Indian River County and the City of Vero Beach maintain regional wastewater treatment plants. In addition to those five regional facilities, there are four private package wastewater treatment facilities and the one public package treatment facility (the Blue Cypress Lake wastewater treatment plant) in the county. The existing wastewater treatment plants use a variety of methods to treat wastewater. Once at the treatment plant, the wastewater is treated to remove solid and organic materials. The level of processing of the wastewater is either primary, secondary, advanced secondary, or tertiary. Overall, the treatment level is based on the treatment method and the proportion of materials removed from the wastewater. Community Development Department Indian River County 8 AppRdix A In addition to differences in the methods of treating wastewater, the existing wastewater treatment plants also differ in the capacity of the facilities. Expressed in terms of gallons of wastewater per day, the capacity of a wastewater treatment plant is the number of gallons of wastewater that the plant can treat and dispose of on an average daily basis. By -Product Disposal The by-products of the treatment process .are effluent, screenings and grit, as well as sludge and septage. Effluent is liquid waste. At county operated wastewater treatment facilities, effluent is usually disposed of through either discharge to a percolation pond, through wetlands, or by reuse. Reuse is an effluent disposal method involving spray irrigation. Screenings and grit are the accumulated coarse sewage solids retained by the screening process. Screenings and grit are disposed of at the county landfill. Sludge and septage are the biological organisms that accumulate in the plant. Prior to final disposal, sludge is usually subjected to an additional biological treatment process to remove pathogens. Sludge is then transported to the County's Residual Dewatering Facility (RDF), where along. with grease they are subject It is also s4jec4 to a physical dewatering processes which facilitates tr-anspe#atienand-disposal. Sludge and septage are dispesed of at a speeial faeil ty at the Geun4y lan fi". A screw conveyor is used to transfer the dried cake to a truck for hauling to the landfill for ultimate disposal. PUBLIC SEWER SYSTEM The five geographic areas comprising the county public sewer system are: the south regional area, the west regional area, the central regional area, the north regional area, and the City of Vero Beach service area. Within the county system, the south county regional plant is connected to the west county regional plant; the north county regional plant is connected to the central county regional plant; and there is a limited connection between the central regional plant and west regional plant. Because the county's regional wastewater treatment plants are interconnected, there is flexibility as to which plant or plants will need to be expanded to accommodate future demand. At the county's central plant, the county also treats the City of Fellsmere's sewage for a bulk rate. Currently, the city's average daily sewer flow is about 71,000 gallons per day, with a maximum flow of 100,000 gallons per day. Besides its regional plants, Indian River County also operates the Blue Cypress Lake package treatment facility. Community Development Department Indian River County 9 AppEdix A In -2006 2017, X34928,167 (47.24%4A-3&/�) of the uni^^^per-ate eeun y's 59,61848 1-88 ,-eside. tia ti*its developed residential and commercial parcels within the County's service area were connected to the County's regional sewer system. At that time all eustene-s of he eetinty's system, ineluding these 1 eipalit4es, totaled 24,250. South Regional Sewer Service Area The South Regional Sewer Service Area is located in the southeast portion of the mainland and contains the South Regional Wastewater Treatment Facility (SRWWTF). The SRWWTF is a 2,000,000 GPD facility which uses biological nutrient removal to provide a tertiary filtration level of treatment. Effluent from the SRWWTF is reused for spray irrigation or discharged into percolation ponds or discharged into the 169 acre man-made wetland on the West Rejzional WWTF site. In addition to force mains along US 1, the South Regional Service Area collection system currently extends to the Vero Shores, Garden Grove, and Grove Isle developments, portions of the Vero Beach Highlands residential subdivision, and other subdivisions within the southern portion of the county. South Regional Plant Public or Private Public Operating Entity Indian River County Geographic service area South County Area Design capacity in GPD 2,000,000 Current demand in GPD 2017 4-,634,000 813,000 Level of Service 250 GPD/ERU Projected facility needs 1,850,000 gal./day 2030 Effluent Disposal Method Reuse Effluent Disposal Site Various Level of Treatment Tertiary Filtration Treatment Method Biological Nutrient Removal Screenings/Grit, Disposal Site Landfill Sludge and Se tage Disposal Site Sludge Facility at Landfill Community Development Department 10 Indian River County Appciix A West Sewer Service Area The West Regional Service Area includes the unincorporated SR 60 corridor area and the area southwest of Vero Beach. Within the West Regional Service Area, there is one wastewater treatment plant. The West Regional Wastewater Treatment Facility (WWTF) is located south of 8th Street, north of 4th Street, and between 901h Avenue and 82nd Avenue. This plant, with a 6,000,000 GPD capacity, uses biological nutrient removal to provide a tertiary filtration level of treatment. Presently, effluent from this treatment facility is reused for spray irrigation or discharged into a ±169-5 acre man-made wetland on the treatment plant site. The West Regional Service Area force mains extend from the West Regional WWTF along the SR 60 corridor and along 66th Avenue from SR 60 to 4th Street. Force mains also extend from the West County Plant along 82nd Avenue to the Oslo Road/741h Avenue commercial/industrial node and to the SR 60/I-95 commercial/industrial node. The system serves the Heritage Village, Countryside, Cambridge Park, Indian River Estates, Village Green, Vista Plantation, Lake in the Woods, Sixty Oaks, and Rivera Estates residential developments. West Regi nal Plant Public or Private Public Operating Entity Indian River County Geographic service area SR 60 Corridor west of 581h Avenue Design capacity in GPD 6,000,000 Current demand in GPD 2017 4-�& 2,214,000 Level of Service 250 GPD/ERU Projected facility needs 4,850,000 gal./day (2030) Effluent Disposal Method Reuse Irrigation/Wetlands Treatment Effluent Disposal Site Golf Courses & West Reg. Wetlands Level of Treatment Tertiary Filtration Treatment Method Biological Nutrient Removal Screenings/Grit Disposal Site Landfill Sludge and Se tage Disposal Site Sludge Facility at Landfill Community Development Department Indian River County 11 Appdix A Central Sewer Service Area The Central Regional Sewer Service Area includes the portion of the mainland generally bounded by I-95 on the west, 69' Street on the north, the Indian River Lagoon on the east, and the City of Vero Beach and 26th Street on the south. This plant located north of 491h Street, in the unincorporated community of Gifford. The Central Regional Wastewater Treatment Facility (WWTF) is located within the service area. This plant, with a 4,000,000 GPD capacity, uses contact stabilization and extended aeration to provide a tertiary filtration level of treatment. Presently, effluent from the treatment facility is discharged into percolation ponds or reused for spray irrigation. Collection lines extend from the plant along 491h Street, between 58`d Avenue and US 1, along 58`h Avenue from 26th Street to 651h Street, along 53`d Street from 58`h Avenue to the Lateral H canal and along US 1 from 691h street to Indian River Memorial Hospital. The system also extends to the Bent Pine and Grand Harbor residential developments, and to much of the Gifford community. The Central Regional WWTF is presently accepting flow from the North Regional Wastewater Treatment Facility, which is temporarily on stand-by. The flow is being transferred from the north facility to the central facility via a 16" transmission force main located along Old Dixie Highway from 77th Street to 53`d Street, then into the Central Regional WWTF along the Lateral H canal. Central Re ional Plant Public or Private Public Operating Entity Indian River County Geographic service area Vero Beach City Limits to 691h St. Design capacity in GPD 4,000,000 Current demand in GPD 2017 4—,934,4W 2,253,000 Level of Service 250 GPD/ERU Projected facility needs 4,250,000 gal./da (2030) Effluent Disposal Method Reuse Irrigation/Rib Basin Effluent Disposal Site Various Golf Courses Level of Treatment Tertiary Treatment Treatment Method Contact Stabilization/Extended Aeration Screenings/Grit Disposal Site Landfill Sludge and Septage Disposal Site Sludge Facility at landfill Community Development Department Indian River County 12 AppWix A North Sewer Service Area The North Sewer Service Area lies north of 77th Street and encompasses the area between I-95 and the Atlantic Ocean. Within this service area, there is one wastewater treatment plant operated by the county. This plant is the North Regional Wastewater Treatment Facility (WWTF). The North County Plant is an 850,000 GPD facility which uses an oxidation ditch and extended aeration to provide a tertiary filtration level of treatment. Effluent from the North County Plant is discharged into percolation ponds or reused for spray irrigation. North Regional Plant Public or Private Public Operating Entity Indian River County Geographic service area 77th Street to North County Line Design capacity in GPD 850,000 Current demand in GPD 2017 Flow transferred to Central Regional Plant Level of Service 250 GPD/ERU Projected facility needs 4 54,4N 2,000,000 gal./day (2030) Effluent Disposal Method Percolation Pond/Spray Pond/SprayIrrigation Effluent Disposal Site Golf Courses Level of Treatment Tertiary Filtration Treatment Method Oxidation Ditch/Extended Aeration Screenings/Grit Disposal Site Landfill Sludge and Septage Disposal Site Sludge Facility at landfill Collection lines extend south from the North County Plant along Old Dixie Highway to 73rd Street. From there, the lines extend east into the Copeland's Landing residential development. To the north, lines extend along the US 1 corridor to the county line. A force main runs along CR 512, from US I to I-95, and north along Roseland Road from CR 512 to approximately t/4 mile north of Main Street. Another force main extends west along Main Street from US I to approximately halfway to Roseland Road. Collection lines, including a force main along the north two miles of Roseland Road, extend to the Roseland area. Collection lines also extend to several residential developments on the north barrier island, including Sea Oaks, Windsor, and the Town of Orchid. Presently, the North Regional WWTF is temporarily shut down, and the flow is being transferred to the Central Regional WWTF via a 16' force main along Old Dixie Highway from 77th Street to 53rd Street and then along the Lateral H canal into the Central Regional WWTF. Community Development Department Indian River County 13 Appdix A City of Vero Beach Sewer Service Area The City of Vero Beach sewer service territory encompasses the City of Vero Beach, most of the Town of Indian River Shores (one multiple -family residential complex is excluded), and the portion of the barrier island south of the City of Vero Beach. In addition, it serves some of the unincorporated county area around the city. The Vero Beach Wastewater Treatment Plant has a design capacity of 4,500,000 GPD. The method of treatment consists of complete mix activated sludge, followed by water reclamation processes that include tertiary filtration and high level disinfection. Most effluent from this plant is used for irrigation by golf courses and residential developments. Pu-ing and immediate! after- per-ieds of e�Or-emely high r-aiiifall, however-, some effPdent is disehafged in4e the Indian reuse. The remainder is disposed of via deep injection well. City of Vero Beach Plant - Public or Private Public Operating Entity City of Vero Beach Geographic service area City of Vero Beach; Town of Indian River Shores; South Barrier Island Design capacity in GPD 4,500,000 Current demand in GPD 2017 3,50017000 Level of Service 250 GPD/ERU Projected facility needs 4,000,000 al./day (2030) Effluent Disposal Method Reuse Deep Injection Well Effluent Disposal Site Residential Landscapes/Golf Courses Level of Treatment Secondary/High Level Disinfection Treatment Method Activated Sludge/Filtration Screenings/Grit Disposal Site Landfill Sludge and Septage Disposal Site Sludge f eilit - ^*'Landfill Table 3.A.2 summarizes the county regional wastewater treatment system. Community Development Department 14 Indian River County Appdix A Aw M 00 rl 7 N z 00 EF e Fxv ti o U u v 0U m a a ; c c.0 0 w o e o > oU o 0 0 o e Ue o a Q <D C54 o 0 0 0 G A •b O � C C o Zy �a C rFit o o a ; o a •°�° . CO) c � � @)to°° C. °° E A. o > tr]A c.a ay, a.N aa3 a F 7_ fs7 b O O N b O O > o F O N y U L1 op C O: X rj O X O O O 7 F O c0 U N .O W U m b C I o� co)O is 4 A.y ` c.L F!y .- A ; i o .i ��� Eb Eb Eb 9 E Eb °.° i °.° v._ °' co °.S � a 3 � a o NI d a aki o c o c 0 0 y F o 0 Cl 0 0 0 VUA 00 0 0 0 0 � od. 00 0 0 0 0 0 0 0 0 M DU� opo t eo ea v v F C T o > dzo _a a .d, o o Fa z v ism U a w � z ce 4 F �a z u w 3 ° >m M 00 rl Comprehensive Plan Finance Sanitary Sewer Sub -Element Financially, the Indian River County Utilities Department is an enterprise system. That means that there is no general tax money allocated for the construction or expansion of utility services. Instead, the County Utilities Department's revenue comes from sources such as water sales, meter installation charges, hydrant maintenance tax, sewer service charges, effluent reuse sales, penalties, service charges, capacity charges, and other sources which make the utility department financially self-sufficient. According to cGounty regulations, most parcels within 200 feet of a county sewer line must connect to the county system. Upon connection, a customer incurs certain charges. Those charges generally cover the costs of capacity producing facility capital improvements. Some charges, however, can be incurred even before connection. Because unused capacity can be reserved for future development, wastewater treatment plants are developed with excess capacity. Since maintaining that excess capacity increases operation and maintenance costs, a monthly base facility charge applies to capacity reserved for future development. Other charges include the following: • Wwaste water treatment charges • volume charges • customer charges • connection charges • meter re -reads and leak inspection charges • delinquency charges • general service call charges • meter calibration charges • damage repair charges • engineering services charges • deposits required upon opening • charges for transferring or reconnecting a service • additional charges for complex connections Some charges, such as connection fees, vary based on meter size or type of commercial use. The Utilities Department may use these revenues to expand facilities or to modify the existing system. These funds can be used for either capital or operating needs. Another source of revenue, which can be used only to offset a portion of the capital cost of expanding systemcapacity, is the capacity charge. Capacity charges pay for certain necessary improvements that must be made in order to provide added capacity to meet the needs of new Community Development Department Indian River County 16 Appy ix A Comprehensive Plan Sanitary Sewer Sub -Element residents as well as industrial and business establishments anticipated in future years. The remaining capital cost is recouped through monthly charges. As a payment option for extension of the sewer collection system, the county allows a contribution in aid of construction. After the installation of sewage collection facilities by a developer, title to those facilities is transferred to the county. The referenced facilities may be "on-site". or "off-site." These options are discussed below. • On -Site Facilities Each developer is responsible for the design, installation, inspection, and testing of the complete sewage collection system located within the boundaries of the developer's property. • Off-site Facilities P The location, size or proposed density or intensity of a development project may make service to the property dependent upon the extension of off-site sewage . collection facilities. Off-site facilities are those mains, sewage collection lines, sewage force mains, and/or pumping stations adequate in size to transmit sewage collected on the developer's property to a treatment plant or disposal site. The county's policy is to expand its sewer system in an orderly and economical manner. That expansion schedule, however, does not always coincide with a developer's plans. In cases where the county does not plan to expand its system to serve a project in the timeframe required by a developer, the developer is required to construct or pay the cost of off-site facilities associated with that project when the following conditions exist: • such an extension would require an extraordinary expenditure by the county for transmission facilities; and • such expenditure would cost more than the county's standard capacity charge. In that event, the county may negotiate an agreement which enumerates the following: the county's responsibility to provide service to the development and possibly reimburse the developer for oversized facilities; and the developer's responsibility to construct and dedicate to the county the off-site facilities (possibly oversized to meet future demands). Community Development Department Indian River County 17 Appypdix A Comprehensive Plan Refundable Advances Sanitary Sewer Sub -Element In addition to a contribution in aid of construction of off-site facilities, the county may require a refundable advance by a developer to further temporarily defray the cost of any "off-site" extension of water and/or sewer mains and pumping stations necessary to connect the developer's property to the county's water and sewer facilities. This provision recognizes instances in which a developer may be required to advance funds to construct off-site facilities sized in accordance with the County's. Master Plan. All amounts expended by a developer pursuant to such an agreement, over and above the developer's need for off-site facilities, may be refunded to the developer in accordance with the terms and conditions of a refunding agreement which the county executes with the developer. When the county deems it to be in the best interest of the county utility system, the County may assume a portion of the material cost of such projects. Generally, refund agreements provide for a plan of refund based upon the connection of other properties served by the "off-site" facilities installed by the developer. Assessment Another funding option available to the county is assessment. With this method, the Board of County Commissioners may assess benefitting property owners a proportional share of the cost of any county project, including utility line extensions. Assessment projects may be initiated by either the Board or property owners. For utility line extensions, main transmission or collection lines (Master Plan lines) are not included in the assessment calculations. Those lines are funded through other sources. Generally, assessments may be financed for up to 10 years, with assessment interest rates set by the Board of. County Commissioners in January of each year. Usually, the Board adopts the prime rate. PRIVATE SEWER SYSTEMS Indian River County has four active private sewer systems, each of which uses package treatment plants. Two of the county's private plants are operated by the Sun -Ag company. Those plants are located near the City of Fellsmere, outside of the county's service area. One of those plants serves a mobile home park, while the other serves a packinghouse. Both of those facilities use extended aeration to provide.a secondary level of treatment. Effluent at those plants is disposed of through a percolation pond. The county's other private systems are located at the Su -Rene mobile home park and Royal Oak mobile home park in the unincorporated county. Those facilities use extended aeration to provide a secondary level of treatment. Effluent at those plants is disposed of through a percolation pond. Community Development Department Indian River County 18 Appendix A 186 Comprehensive Plan SEPTIC TAN#SSYSTEMS Sanitary Sewer Sub -Element The third type of sanitary sewer system is an onsite sewage and treatment and disposal system (OSTDS) which may be utilized under certain conditions when a private or publicly owned centralized sewer system is unavailable;- the. e fit, is rhe indivi&al s .stew Jn5� ^ "epi tank. -Septic systems are genefally small and designed to serve one or a limited number of land usesfacilities and are sized based on estimated water use. Despite major expansion of the wastewater collection network, many residentsdeveloped commercial and residential parcels within the unincorporated portion of the county do not have access to regional wastewater treatment facilities or package treatment plants. For those land uses, wastewater treatment and disposal is provided by individual septic systems. Based on Aeeer-di ^ to t the Florida Department of Health Waste Water Inventory for 2015,E Gati ty Health 1 epai4menl (IR an estimated 45% of the developed commercial and residential parcels in Indian River County are served by public sanitary sewer and an estimated 55% of the remaining developed commercial and residential .parcels are served by septic systems. From 2007 through 2016, there were an average of 658-121 new septic systems constructed annually with steadily increasing numbers from 2013 to 2016. Even so, the average number of new septics stomper year (121) is significantly lower than the 658 new systems per year average for the 1995 — 2006 period. The average number of septic systems repairs per year for the 2007-2016 period was 591. . Of these -septic tanks, 5/., to 84 were fefee er-e There are commercial and industrial corridors that are served by septic systems such as portions of US Hwy 1, Old Dixie Hwy and Oslo Road. Most of the residential septic systems are concentrated in Roseland, Sebastian, Vero Lake Estates, and south of the City efVef^ Beae,, State Road 60. A septic tai system consists of two components. One is the septic tank, while the other is the drainfield. The tank receives sewage from the residence or commercial establishment and provides a period of settling, during which time a significant portion of the solids settle out. The treatment process is accomplished by bacteria that gradually decompose the solids which settle to the bottom of the septic tank. The remaining liquid or effluent is discharged through underground drainage pipes into the drainfield and -where it percolates into the soil. Once in the soil, microorganisms and filtrationpfeeesses treat the liquids. As part of routine maintenance, the accumulated solids should ffRist-be removed from the septic tank every 3 to 5 years by a licensed contractor. These The solids, called septage, are generally transported to regional sanitaf faeilities f r tfeat ent to lisp ^ .the residual dewateringfy next to the county landfill. Septic tank -systems provide minimal on-site wastewater treatment for beth -residential and small - ssaecommercial developments. Generally,Typically, a 3 -bedroom residential septic tanks s spm has a 900- gallon septic tank and 375 square Community Development Department Indian River County 19 Appendix A 187 Comprehensive Plan Sanitary Sewer Sub -Element feet of trench drainfield. Commercial septic tanks systems vary depending on estimated water use. . Since effluent from septic tanks is discharged to a drainfield where itis allowed *^ percolates into the soil, soil permeability and depth to the water table are limiting factors for septics sy tem use.. To ensure adequate performance and protection of groundwater quality, elevation of septic tames em drainfields is often required. All OSTDS (septic system) permitting is done by the Florida Department of Health in Indian River County (DOH -Indian River According to the p G14D India River- County DOH -Indian River it is challenging to diffi6tll hermit eounty in whieh to insta septic systems installations in the county . There ar-edue to several factors ;.vhieh�Eeuat€er this di neulty. These faEters-ateincluding: • a h*hwet season water table of less than 10 -inches as described in the USDA Soil Survey ; and the presence of restrictive low permeable soil strata; • platted or recorded parcels less than'/2 acre; and • setbacks from surface waters and/or wells. - - - . ............ M 60% NUM The areas of the county having "Excessively Drained Soils" and "Moderately Drained Soils" are better suited for septic tar systems. As shown on Figure 3.E.1 of the Stormwater Mana eg ment Sub -Element, even these two soil types have limitations with respect to septic taFAE system suitability. While moderately drained soils have a severe limitation rating for septic taplc-system suitability, excessively drained soils percolate so rapidly that they provide very poor filtration. Septic tanks systems on these soils have a potential for causing groundwater contamination. Areas of excessively drained soils in Indian River Countv are twically adiacent to waterbodies including canals, St. Sebastian River, and the Indian River Lagoon. The Florida Department of Health (DOH) establishes the rules for septic system permitting.r-eqir-es- that -a septie tank system have a minimum of 42 inehes- of w Community Development Department Indian River County 20 Appendix A 188 Comprehensive Plan Sanitary Sewer Sub -Element draining soil below the inti t,.^ting s ,..f eo of the dr-ai fief . During the wet season,mentks-ef June through October, , the water table in much of the county may be oris less than 24-10 inches below this infiltfating su the existing natural grade. Therefore, fill material is often placed on top of existing soil .creating a mound to achieve the required 24 inch separation between the bottom of the drainfield and the wet season water table. This fill material, which provides the depth necessary for the proper operation of the septic tank system, is--tisnal per-etts--sandt—e-an-ur-i y, the i;, ids dice .a fgea inte th-e dr-ainfieklqypically contains slightly limited soils that treat effluent discharged into the drainfield_ The DOH has determined that the average life of a residential septic system (includin drainfield) is 19 years and that of a commercial system is 10 years. Routine maintenance and proper use can extend the life of a septic system. When septic systems are repaired, the DOH allows for a drainfield replacement according to the rules in place at the time of original construction. Most repairs for parcels developed prior to 1983 are permitted with only a 6 inch separation between the bottom of the drainfield and the wet season water table rather than 24 inches. In low density areas with adequate soils where septic tanks systems are appropriate, there can still be problems if septic t-ael£s-systems are not maintained. Generally, septic tanks need to be pumped on ^ regular- pumped every 3 to 5 years. While there are private septic tank service companies which erg -pump septic tanks and haul away septage, it is the septic tank owner who is responsible for initiating maintenance activities. Improperly maintained septic systems can cause a system failure and a sanitary nuisance often requiring a repair of the septicsystem. Even wheii fill matefial is plaeed en a f:esideatial let, there afe still. afeas ef the eeun4y in, whiek there-ffir-epr-ehlems with septie tank systems. Besides soil and groundwater conditions, adverse impacts may arise these -jos may be due to inadequate separation between septic taftk system drainfields and wells or waterbodies. Without adequate separation, the potential of contamination from septic systems seeping into wells or waterbodies is greatly increased. Pfesendy, the The DOH requires a minimum separation of 75 feet between wells and septics systems for parcels recorded or platted after 1972. The DOH4RC44B requires that -new construction lets -utilizing a well and septio-t-afik systems to be a minimum of/z acre (approximately 20,000-_21,780 square feet). If a lot is served by a public water system, a septic t-aak— s. t� em may be used even if the lot is as small as '/4 acre (approximately 10,000 10,890 square feet). There are many areas of the county in which existing subdivisions contain lots which do not meet the minimum acreage requirements_ for- well and septie tank systems. Nevertheless,ap rcels recorded or platted prior to 1972 that are smaller than 21,780 and 10,890 square feet are grandfathered in and are being developed and repaired based on lot flow allowances resideatial Community Development Department Indian River County 21 Appendix A 189 Comprehensive Plan Sanitary Sewer Sub -Element utilizjag_�e septic tank systems_ withou system. Table 3.A.3 lists subdivisions in the county urban service area that are significantly less than 10,.890 square feet or constructed with older block . septic tanks posing an with increased health risks and/or increased probability of groundwater contamination associated with continued septic system use. TABLE 3.A.3 - INDIAN RIVER COUNTY SUBDIVISIONS WITH INCREASED HEALTH RISKS AND/OR INCREASED PROBABILITY OF GROUNDWATER CONTAMINATION ASSOCIATED WITH CONTINUED SEPTIC TANK SYSTEM USE 1. Oslo Park 2. Paradise Park 3. Stevens Park 4. Durrance Place 5. West Wabasso MrSM"Iffl� SO_ JJM TABLE 3.A.3 - INDIAN RIVER COUNTY SUBDIVISIONS WITH INCREASED HEALTH RISKS AND/OR INCREASED PROBABILITY OF GROUNDWATER CONTAMINATION ASSOCIATED WITH CONTINUED SEPTIC TANK SYSTEM USE 1. Oslo Park 2. Paradise Park 3. Stevens Park 4. Durrance Place 5. West Wabasso Source: DOH - Indian River County, Aeakh and Pilifies Departments Besidesthe above list of subdivisions with increased health risk and potential for localized groundwater contamination, there are subdivisions currently served by septic systems that are located close to ther Indian River Lagoon, the St. Sebastian River, or to drainage canals or other streams/surface waters potentially resulting in a disproportionally higher negative impact on Indian River Lagoon water quality. In 2016, county Utilities Services funded a septic to sewer study to identify and rank those platted subdivisions served by septic systems that have a disproportionatelhigher negative impact on the Indian River Lagoon. The study was performed by Schulke, Bittle and Stoddard, LLC (SBS), was accepted by the Board of County Commissioners on July 10, 2017, and is available online via the county website. Community Development Department Indian River County 22 Appendix A 190 Comprehensive Plan Sanitary Sewer Sub -Element Septic to Sewer Study: Evaluation and Ranking The goal of the study was to identify and rank the areas of septic system use having disproportionately higher potential for negative lagoon impact based on various physical and environmental factors, and to determine . the feasibility of incorporating septic to sewer conversion mitigation projects into a 10 -year Capital Improvements Plan. As part of the study, a specific formula for the utility service area of Indian River County (IRC) was developed and modeled after similar studies performed for Martin County (Martin County Septic System Evaluation Final Report; CapTec Engineering, Inc.; February 13, 2015) and Brevard County (Save Our Lagoon Proiect Plan for Brevard County, Florida; TetraTech, Inc and Close Waters LLC; July 28, 2016). The IRC formula was modified from the formulas used in the Martin and Brevard studies to consider and weigh physical and environmental factors that SBS and IRC staff determined would better represent Indian River County conditions. In the IRC study, the following factors were used in the initial ranking of the three hundred and twenty-five (325) platted subdivisions currently served by septic tanks with respect to potential negative impacts on the lagoon: • Population Density for Loading Concentrations • Proximity to Surface Waters • Location of the Community in Relation to the 100 -year Flood Plain — FEMA Flood Plain • Depth of the Ground Water Table • Soil Conditions of the Drain Field — Soil Type • Age of the Surface Water Management System • Age of the Existing Onsite Sewage Treatment and Disposal Systems OSTDS) Each factor was evaluated for every one of the 325 subdivisions and assigned an index number that generally ranged from 0 to 12, with 0 being the minimum and 12 being the maximum impact. The formula used to determine the ranking was simply the sum of all factor values for that subdivision. The higher the sum (the "score"), the higher the estimated potential negative impact to the Indian River Lagoon (IRL). SBS and IRC staff agreed to weight the "Population Density" and "Proximity to Surface Waters" factors in the IRC study, because those two factors are believed to cause a higher negative impact than the other factors. In the study, the 325 subdivisions served by septic systems were ranked in order where number 1 had the highest negative lagoon impact (89.19) and number 325 had the lowest negative impact (26.97). Once the initial ranking was finalized, an Engineers Opinion of Probable Cost (OPQ was estimated for the top thirty five (35) ranked subdivisions having the highest negative impacts. Those top 3 5 ranked subdivisions were further evaluated based on the following factors: 1. Aquatic Health - Environmental Impact Evaluation or the Initial Ranking 2. Sewer System Evaluation and Cost Data 3. Total Nitrogen (TN)/Total Phosphorus (TP) 4._ Public Health - Based on the availabilit�of potable water Community Development Department Indian River County 23 Appendix A Comprehensive Plan Sanitary Sewer Sub -Element The study evaluated the total nitrogen (TN) and total phosphorus (TP) that could be removed from the environment by septic to sewer conversion and calculated a cost per pound for TN removal for each of the top 35 ranked subdivisions. TP calculations were removed from the analysis since most technical references and studies show that phosphorus i s adequately removed by a properly functioning septic system. Septic to sewer conversion projects for the top 35 subdivisions were then ranked for the highest benefit to cost ratio, with the number 1 ranking providing theerg benefit compared to the conversion project cost see Table 3.A.3.1). TABLE 3.A.3.1 - INDIAN RIVER COUNTY LIST OF SUBDIVISIONS FOR SEPTIC TO SEWER CONVERSION WITHIN UNINCORPORATED COUNTY; AND CITY OF SEBASTIAN, AND TOWN OF OROM Rank Subdivision Name Rank Subdivision Name Rank Subdivision Name 1 Floravon Shores Subdivision 14 Sebastian Highlands Unit 02 24 Dales Landing Subdivision Replat PG 2 Tropic Colony Subdivision 2 Sebastian Highlands Unit 02 Collier 14 Hobart Landing Unit 3 24we• **** 3 – Sebastian Highlands Unit 05 16 — River Shores Estates Units 1- 29 — Winter Grove Subdivision 4 4 Hobart Landing Unit 2 17 Pine Tree Park Units 1-4 29 1, Kanawah Acres 5 Orchid Island No. 2 17 Indian River Heights Units 1 31 Tropic Colony Subdivision -9 5 Sebastian Highlands Unit 04 17 Sebastian Highlands Unit 02 32 Halleluiah Acres Replat PG 7 Orchid Island No. 1 20 Rain Tree Corner Subdivision 33 Little Portion Subdivision Replat OF 8 Sebastian Highlands Unit 01 21 Diana Park Subdivision 34 Sebastian Highlands Unit 02 Realat PG 4* 8 Ambersand Beach Sub No 1 & 2 22 Verona Estates Subdivision 35 Heritage Trace at Hobart* 10 Sebastian Highlands Unit 03 22 Sebastian Highlands Unit 13; Little Portion Subdivision Replat Of 11 Sebastian Highlands Unit 02 24 Hobart Landing Unit 1 it Narania TR Shellmound Bch Replat of POR 24 Hallmark Ocean Subdivision 13 1 Orchid We Estates Subdivision 24 Stevens Park Unit 1 & 2 * These communities are included in the evaluation due to their proximity to one or more top 30 ranked communities. ** It is recommended that the Amos subdivision not be considered in the capital improvement program. Ranking results are due to an anomaly in the methodology. Community Development Department Indian River County 24 App19ndix A Comprehensive Plan Sanitary Sewer Sub -Element REGULATORY FRAMEWORK The wastewater collection, treatment, and disposal system is regulated by various agencies at all levels of government. Table 3.A.4 shows the state and local agencies involved in wastewater regulation and the types of activities in which they are involved. FEDERAL The Federal Water Pollution Control Act of 1972 (PL 92-500) and its amendments through the Clean Water Acts of 1977 (PL 95-217) and 1981 (PL 97-117) are the basis for pollution control regulation in the nation. The goal of these acts is the restoration and/or maintenance of the chemical, physical, and biological integrity of the nation's water. The act established a national policy of implementing areawide wastewater treatment and management programs to ensure adequate control of sources of pollution. Under a provision of PL 92-500, grants are made available to local governments to construct facilities to treat "point sources" of pollution, including effluent from sewage treatment processes. The U.S. Environmental Protection Agency is responsible for implementing the act. STATE The Florida Department of Environmental Protection (DEP) is the agency responsible for ensuring that the State carries out the requirements of PL 92-500. In response to PL 92-500, DEP has adopted Chapters 17-3 and 17-6, FAC. These chapters regulate wastewater facilities which treat flows exceeding 10,000 GPD. Within tl}e State-,4The Florida Department of Health (DOH) regulates septic tanks and d-Faillfiel system installations per Section 381.0065 Florida -Statutes (FS). Lq eaeb eeuaty-,-4hejhe DOH - Indian River locally administers the septics spm program for Indian River County. to r-egplate septie systems. These regulations for septic system permitting are AaVe been adopted by mle in Chapter 64E-6, Florida Administrative Code (FAC). While 64E-6 FAC does not set the criteria for septic t-aRk-s stem effluent quality, it does require that septic tap& -systems be installed in such a manner that, with reasonable maintenance, they will not create a health hazard or endanger the safety of any domestic water supply. In addition to regulating wastewater facilities, 64E-6Sections 381.0065(2)(x) and 381.00655 FS also establishes criteria for mandatory connections to wastewater systems-a*d tp mater systems. , landuses that afe within 500 feet of a gravity line er- 1000 eep,aeet to the titilities system. Pursuant to those sections, public sanitary sewer is considered available when gravity sewer lines or low-pressure lines are in a right-of-way or easement adjacent to a property or lot, when any use producing more than 1,000 gallons per daypublic sewer lines within 50 feet of a property line and has access to the lines via aubp lic right-of-way or easement, when a public sewer line is accessible and within '/4 mile of a proposed residential subdivision of more than 50 lots, when a public sewer line is accessible and within 1/4 mile of a Community Development Department Indian River County 25 Appendix A Comprehensive Plan Sanitary Sewer Sub -Element proposed commercial subdivision of more than 5 lots, or when a public sewer line is accessible and within'/4 mile of a proposed use in an area zoned or used for an industrial, manufacturing, or equivalent use. When repairs or modifications are needed to a use in an area zoned or used for industrial or manufacturing or its equivalent, that use must also connect to a wastewater system if that use is within 500 feet of an establishment's or residences sewer stub -out. LOCAL In 1984, Indian River County adopted an ordinance that established the utility rate structure and a mandatory hookup policy for both residential and non-residential development. County policy generally states that any development located within 200 feet of a wastewater collection line must connect. In addition to that ordinance, the Utilities Department also has developed and adopted design standards and review procedures to ensure that all connections to the system are compatible with the system's design. TABLE 3.A.4 - REGULATION OF SEWAGE Source: Indian River County Utilities Department Community Development Department Indian River County 26 App 1 �ndix A Statutory Agency Authority Scope Activity DEP Ch 403 FS Responsible for all Permits & inspection of 17-6 FAC wastewater treatment plants, wastewater plants over and wastewater flows greater 10,000 GPD. Regulates than 10,000 GPD. Regulates private package private wastewater plants. facilities. DOH; Ch 381 FS Responsible for all onsite Inspects, *stspermits, 64E-6 FAC disposal systems less than and enforces all septic Health 10,000 GPD of domestic systems less than 10,000 Dem wastewater. GPD. Responds to all public complaints. County Utili- Local Ordinance Responsible for review,-a*d Inspects all work on ties Dept. Home Rule construction, and connection county public to e€the public wastewater wastewater system. system. Regulates f aneh_se Re not permit paekage plants under- 20,000 GPD eapaeity- Source: Indian River County Utilities Department Community Development Department Indian River County 26 App 1 �ndix A Comprehensive Plan ANALYSIS Sanitary Sewer Sub -Element The analysis of the Sanitary Sewer Sub -Element focuses on the three components of the sanitary sewer system: collection, treatment, and disposal. COLLECTION SYSTEM The principal components of the sanitary sewer collection system are pipes, manholes, and pump stations. Because Indian River County has a relatively new sanitary sewer system, those pipes and pump stations are generally in good condition. Overall, most of the major lines are in place and sized to accommodate future growth. The county's long range plan for growth and development is reflected in the Future Land Use Element of the comprehensive plan. That element defines where the community will grow and where growth will be limited. As indicated in the Future Land Use Element, the urban service area is the area deemed appropriate for future urban type development. Accordingly, it is within the urban service area that utility lines and other infrastructure components will be available. Although regional sanitary sewer service should generally be limited to lands within the urban service area, there should be some exceptions. Historically, the county has allowed sites contiguous to the urban service area boundary to connect to the regional sanitary sewer system, and that is appropriate. There are also other types of development allowed outside the urban service area, where regional sanitary sewer service is appropriate and in some cases necessary. These include clustered development in agricultural planned development projects, new town projects, traditional neighborhood design projects, agricultural businesses, and agricultural industries. For these uses, the county should allow connection to the regional sanitary sewer system or construction of a privately owned system, where connection to the public system is not feasible. In those. cases where a privately owned system is allowed, the county should require that a franchise be obtained from the county and that any plants and collection systems be built to county standards and, where deemed appropriate by the county, be dedicated to the county without compensation. The major collection system issues include service area, system evaluation and maintenance, system expansion related to serving areas presently served by septic tank systems, and system expansion to serve new development. Service Area Although the saffitafy sewer- ser-viee areas fiff-- t4fte. eVelffinty and the Gity ef Ver -a Beaaeh Ifi-ave. bee* set for- fnafty years, r-eeeat events have initiated in4er-est ift r-eeensider-ation of these s - k - - - - Community Development Department Indian River County 27 Appendix A Comprehensive Plan Sanitary Sewer Sub -Element ��—Vero Beach serves those areas outside its corporate limits based on interlocal agreements with the county and the Town of Indian River Shores. For the unincorporated county, the city water and waste water agreement expired in 2017 and is currently being re- negotiated. For the Town of Indian River Shores, its agreement with the city for water, wastewater, and reuse expired and was renewed in 2012. That agreement is for an initial term of 15 years. Unless Indian River. Shores provides notice of its desire to renegotiate or terminate four years before the expiration of that 15 year period, the agreement will automatically renew for another 15 years.. , the 2017 te-Hi i4ft +;,..; d a t e. Currently, the Indian River County water and waste water service area is comprised of the following: • Majority of unincorporated Indian River County • City of Sebastian • Town of Orchid System Evaluation and Maintenance The sanitary sewer collection system is evaluated with each application for new development, and as each package treatment plant is decommissioned. That evaluation is done using a computer modeling program, known as the "WaterCad" model that evaluates several factors, including pipe capacity, lift station capacity, horse power requirements for pumps, and hydraulic pump pressure. In contrast to the City of Vero Beach, which is largely built -out and has provided utility service for many decades, sewer service is still relatively new to the rapidly Community Development Department Indian River County 28 Appendix A IN 11~ - - - - Currently, the Indian River County water and waste water service area is comprised of the following: • Majority of unincorporated Indian River County • City of Sebastian • Town of Orchid System Evaluation and Maintenance The sanitary sewer collection system is evaluated with each application for new development, and as each package treatment plant is decommissioned. That evaluation is done using a computer modeling program, known as the "WaterCad" model that evaluates several factors, including pipe capacity, lift station capacity, horse power requirements for pumps, and hydraulic pump pressure. In contrast to the City of Vero Beach, which is largely built -out and has provided utility service for many decades, sewer service is still relatively new to the rapidly Community Development Department Indian River County 28 Appendix A Comprehensive Plan Sanitary Sewer Sub -Element growing unincorporated county. Consequently, the county's collection system is constantly evaluated. Within the county's service area, the major collection system problem is low velocity in force mains. In particular, the 24 inch, 20 inch, and 12 inch force mains in the US 1 corridor have low velocities even at peak flows. The low velocity is caused by oversized lines and a lack of wastewater generated. Where the velocity is less than 2 feet/second, solids will settle in pipelines. Settled solids decrease hydraulic capacity. Another problem occurs when a mass of accumulated solids become "unsettled" and reaches a treatment.plant in an unexpectedly large concentration. In the past, this situation has resulted in sewage spills. While increased pipeline maintenance is necessary to prevent a reoccurrence of such spills, the recent installation of numerous automatic air release valves has corrected the problem by relieving gases that were preventing the normal flow of sewage through influent pipes. In the future, the county's policy should be to continue to install automatic air release valves in all new lines. Service to New Development Through the Utilities Department Wastewater Master Plan, the county has identified main lines that must be installed along major corridors. Unlike other collection lines, "Master Plan" lines usually do not connect directly to a wastewater generator. While master plan lines are paid for by the Utilities Department with revenue from capacity charges and other sources, non -master plan lines are paid from other sources. Besides capital improvements programming and the assessment process, another way to expand the collection system is through the platting and site plan approval requirements of new development. For example, current comprehensive plan policies and land development regulations mandate that each new subdivision within the Urban Service Area connect to the centralized wastewater service system, if the proposed subdivision meets either of the following criteria. It is within one-quarter of a mile of existing wastewater lines; or It contains 25 or more lots - For non-residential projects, only those located more than '/4 mile from the existing system and generating less than 2000 gallons per day are not required to connect to the regional system. Even non-residential projects meeting those requirements must connect if the system expands to within'/4 mile of the project. Those requirements need to be maintained to ensure that expansion of the regional sanitary sewer system occurs and to ensure that the costs of that expansion are paid by the beneficiaries of the Community Development Department Indian River County 29 App19ndix A Comprehensive Plan Sanitary Sewer Sub -Element expansion. Even when a development project does not meet the above criteria, the project must connect to the regional sanitary sewer system if the project is deemed unacceptable for septic tank system use due to increased health and groundwater contamination risks. There are several reasons for requiring nearly all new development to connect to the regional system. Those reasons are listed below. • Regional systems are less likely to fail. • Regional systems are better regulated and inspected. • Regional systems provide a higher level of treatment. That higher level of treatment allows the effluent to be reused, rather than injected into the ground where the effluent increases the risk of groundwater contamination. • Regional systems are economically more efficient to build and operate, but only if all new development connects to the system. Septic sSystems Between 1995-2007 and 20816, 7,239-1,217 new septic4afikss s_ ty ems (average of 6-58121 per year) were permitted. Additionally, during that time period 5,919 septic systems were repaired typically requiring a drainfield replacement. within the eeenty. Generally, septic mss—systems are a potential source of groundwater and surface water contamination, especially in areas where they are densely concentrated, and the water table is high and waterbody setbacks are less than 75 feet. According to theDDOH-Indian River, there have been are -many cases of an rveer of ^ and surface waters being contaminated from septic system discharges. As indicated in Table 3.A.5, septics sy tem effluent is of poor quality by today's wastewater treatment standards. Consequently, effluent discharges can cause detrimental increases in nitrogen, chloride, sodium, other ions, total dissolved solids, and the microbiological levels of the local groundwater. Community Development Department Indian River County 30 Appendix A Comprehensive Plan Sanitary Sewer Sub -Element TABLE 3.A.5 - TYPICAL CONCENTRATIONS FOR HOUSEHOLD WASTEWATER, SEPTIC TANK EFFLUENT AND WASTEWATER TREATMENT PLANT EFFLUENT PARAMETER CONCENTRATION SEPTIC TANK WASTEWATER HOUSEHOLD EFFLUENT TREATMENT PLANT WASTEWATER Max Da Biochemical Oxygen 430 150 20 Demand, 5 -day (BODS), mg/l Total Suspended Solids, 370 50 20 mg/ I Fecal Coliform (per 7.5 X101 5X105 200 100m1) Total Nitrogen, mg/l 84 30 3912 Ammonia Nitrogen, mg/l 64 25 N/A Total Phosphateorus, 61 12 61_5 mg/1 Source: Indian River County Wastewater Master Plan Generally, the current system of septic tames sy tem maintenance is acceptable, particularly for newer septic tanks meeting current regulations. For older septictank systems, however, lack of maintenance can be a problem, and there is no program requiring regular maintenance of these septic -tanks systems. According to the Gounvy Health DepaFtmea DOH -Indian River, a required septic tank maintenance program could reduce septic tames s� tem failures and associated adverse impacts; however, such a program would be costly and difficult to implement. In the future, the focus of the county and the DOH -Indian River should be on providing public education programs on the proper use, inspection, and maintenance of septic tanks. Several features inherent to the operation of septic tank systems make them prone to contaminating groundwater without any visual indication. For example, septic tanks - systems that are undersized or not pumped ever�3-5 years can accumulate sludge and scum, resulting in a poorer quality effluent. When high groundwater conditions (within -3 to ^ feet A -f a~^"'field elev ie 2 feet from the bottom of the drainfield) exist, additional fill is needed. Once a septic tamsystem is installed and buried, these and other operating problems cannot be recognized until the entire system fails and raw (untreated) sewage backs up into the house plumbing or seeps above ground. Thus, a septic tank system that appears to be functioning properly may, in reality, be providing very poor "treatment". This problem is more likely to occur in areas of higher residential density where parcels are less than 1/4 acre,-efd in Community Development Department Indian River County 31 App19n9 dix A Comprehensive Plan Sanitary Sewer Sub -Element areas with a high concentration of commercial/industrial use, and areas with construction that predates 1983.. According to the United States Department of Agriculture's Soil Conservation Service, Soil Survey most of Indian River County's soil has severe limitations for the use of septic tank systems. Combined with the cGounty's high wet season water table, this creates a high potential for groundwater and surface water contamination problems. Since 1983. Fe�e�for new construction, the -DDOH- has requiresd that the bottom of drainfields be at least 42-24 inches above the wet season water table-. To meet this requirement, fill mater -i ' of an appFeved sand fi'*eFtypicall�sli slightly limited soil may be added to the site creating a mound. Also, a X75 foot separation requirement must be met between wells and/or waterbodies and septic tank -systems. drainfie a^ ^^a ^ flni s,q,,,.,.< W m^�' must be -„^+ When parcels platted or recorded after 1972 meet minimum lot size requirements , T Tfiaer theseand the above conditions, septic tames s• ty em performance is considered adequate for developments within the cGounty. Another pfe Tissue with septic tanAsystems is the possibility of wastewatef septag_e leachate effluent .from a septic tars s� tem entering f water waterbodies in the cC-ounty. This problem must be examined carefully, especially on the barrier island, in areas near the Indian River Lagoon, in areas near the St. Sebastian River, and in areas adjacent to canals, lakes or wetlands. To summarize, the problems with septic tap&systems are listed below: • Physical limitations existing in Indian River County o A high water table of less than 10 inches as described in the USDA Soil Survey is found in almost all areas of the county, especially during the m-e-^*ih^ of the wet season June through October. o Ninety-three percent of the county's soil has an under-lyifig edie her-iza (^ re^t-Fief ve !a-yer- eften eempr-ised of sa-ady elay leam) and, therefore, is net suitable for- septie tan This pr-ablefn ean be selvetd_ i-;-;- -Afe.-AS with a low fesidential density by seme, 4_;HA_d_4f4_V_-.A_t6A_H of design and ^^ of septie +^„' is considered to have restrictive low permeable soil strata not suitable for septic system installations - Community Development Department Indian River County 32 App20no dix A Comprehensive Plan • Health and safety Sanitary Sewer Sub -Element o Poor quality of septic tam -s stdeffluent compared to wastewater treatment plant effluent. o High Potential fore€ groundwater contamination and spread of communicable disease. o Cost and insufficiency of monitoring process. o Inappropriate septage disposal. 0 Environmental Consideration o Groundwater contamination. o heaehate to s r- face water- b die -s Waterbody contamination. For those reasons, there is a need to expand the regional wastewater treatment system to areas where existing or future land uses, soil and groundwater conditions, proximity to surface water bodies, and/or lot size make continued use of septic systems unacceptable due to increased health and groundwater contamination risks. With this in mind, *The county should always allow the voluntary expansion of the regional sanitary sewer system to existing developments within the urban service area. Additionally, the county must determine under what conditions to impose retrofitting on existing development especially areas that impact the Indian River Lagoon and areas significantly less than I/4 acre in size. Some parcels recorded -ardor platted prior to 1972 are only 0.11 acres making it difficult to repair septic systems to code. —As indicated in the finance section of this element, a major portion of the cost of service expansion to existing subdivisions is funded through assessments. In the past, some residents have objected to the costs of such assessments, often citing an inability to pay. Community Development Department Indian River County 33 Appendix A �• "M WIN 0101 11111 IT P _FM Community Development Department Indian River County 33 Appendix A Comprehensive Plan Sanitary Sewer Sub -Element Instead--�The county must establish criteria to differentiate between areas where retrofitting is required_ Because of the cost of retrofitting projects within the urban service area is , the most appropriate criteria to use to identify areas to retrofit are increased health risks and increased groundwater and/or surface water contamination risks. When any of the following conditions exist and the DOH -Indian River verifies that the health and groundwater contamination risks cannot be sufficiently reduced by any means other than connecting to the regional system, retrofitting must occur. +—Areas with small lot sizes less than '/4 acre especially those constructed prior to 1983. Where , flit^ ., of a eete to .,regional potable water- system, this Fef r^ to lots of 1/_ Y1 11V1 V UI3ITJ-Cl1LZ3 , eefe er- less.Residential subdivisions that meet those criteria .are identified in Table 3.A.3. Areas with intense land uses. Intense land uses means commercial.' industrial or equivalent uses or residential uses greater than 6 units/acre. Environmentally Sensitive Areas. This means areas within 500 feet of aquifer recharge zones, as identified in the Aquifer Recharge Sub -Element of this plan; within 500 feet of any public water supply well; within 500 feet of the Indian River Lagoon, the St. Sebastian River, or any body of water that drains into them. • . As identified in the 2017 Septic to Sewer Study: Evaluation and Ranking by Utilities. • Areas identified by the DOH -Indian River IRG14B-as potential threats to public health -Of • New developments on oceanfront and riverfront lots For planning purposes, a history of septic tap,lE +ilufesystem repairs is defined as follows: For subdivisions of 10 or fewer lots, this means 20% failures in five years. For subdivisions of 11 to 75 lots, this means 10% failures in eight -five years. For subdivisions of more than 75 lots, this means 2% failures in ten -five years. Residential s,.b divisief,^ th t dhese ^..:tel.:^ are identified in Table 3.-A-.3-. Methods that allow for a hiaher level of effluent treatment and reduction of contamination include: (installation of a "performance based system", providing a 24 inch separation between the bottom of the drainfield and the wet season water table, and providing at least a 75 foot setback between septic systems and wells and/or surface waterbodies. Generally, the most effective and efficient way to correct the wastewater problem of those subdivisions is to connect them to the regional system. Other opfiefts eould iny4ve adding fill aff& , ,,.,,f,;„- he wastewater- to anothef septie tank. Although the easts and eff-eetiveness of t4ese options vary Community Development Department Indian River County 34 App20ndix A Comprehensive Plan Sanitary Sewer Sub -Element TREATMENT In addition to septic tafik systems, public and private treatment plants provide wastewater treatment within the county. In Indian River County, large regional public treatment plants now predominate. Consequently, major treatment issues in the county relate primarily to ensuring sufficient capacity (either on-site or off-site) to accommodate projected growth. If wastewater demand were allowed to exceed the county's treatment capacity, untreated sewage would have to be discharged. That would result in health hazards and environmental degradation of surface water bodies. To prevent such an occurrence, the county must continue its policy of approving new development only when sufficient capacity will be available. In this regard, the county's computerized concurrency management system and its capital improvements plan ensure that capacity will be available to serve new development concurrent with demand. Public Treatment Plants Besides producing high quality effluent, all public treatment plants currently have more than enough capacity to accommodate existing demand. The following sections discuss the county's future wastewater treatment needs and alternatives to meet those needs. Projection of Future Demand Assumptions The comprehensive planning process is an opportunity for the county to complete an assessment of its long range sanitary sewer needs. Such a needs assessment must consist of an analysis that is more than a straight line linear projection. Future projections should utilize certain assumptions based on past trends, present conditions, and future desires. The main assumptions utilized in the sanitary sewer needs assessment are as follows: The county will be the primary provider of sanitary sewer collection, treatment, and disposal; The City of Vero Beach will continue to serve the City of Vero Beach, the Town of Indian River Shores and a portion of the unincorporated county; and Community Development Department Indian River County 35 Am i&dix A fthe eatt� the neighbor -heeds pay for- the east ef should eentifpae to effef its assessmen4 pr-agfam that provides sallitafy sewer- tetit+tfe, whefe iftdivit-11-1-alls been-e-Aiting ffefn the eenneetion to the sanitary sewer- system se i . ef 17 TREATMENT In addition to septic tafik systems, public and private treatment plants provide wastewater treatment within the county. In Indian River County, large regional public treatment plants now predominate. Consequently, major treatment issues in the county relate primarily to ensuring sufficient capacity (either on-site or off-site) to accommodate projected growth. If wastewater demand were allowed to exceed the county's treatment capacity, untreated sewage would have to be discharged. That would result in health hazards and environmental degradation of surface water bodies. To prevent such an occurrence, the county must continue its policy of approving new development only when sufficient capacity will be available. In this regard, the county's computerized concurrency management system and its capital improvements plan ensure that capacity will be available to serve new development concurrent with demand. Public Treatment Plants Besides producing high quality effluent, all public treatment plants currently have more than enough capacity to accommodate existing demand. The following sections discuss the county's future wastewater treatment needs and alternatives to meet those needs. Projection of Future Demand Assumptions The comprehensive planning process is an opportunity for the county to complete an assessment of its long range sanitary sewer needs. Such a needs assessment must consist of an analysis that is more than a straight line linear projection. Future projections should utilize certain assumptions based on past trends, present conditions, and future desires. The main assumptions utilized in the sanitary sewer needs assessment are as follows: The county will be the primary provider of sanitary sewer collection, treatment, and disposal; The City of Vero Beach will continue to serve the City of Vero Beach, the Town of Indian River Shores and a portion of the unincorporated county; and Community Development Department Indian River County 35 Am i&dix A Comprehensive Plan Sanitary Sewer Sub -Element • 90% to 95% of future new development will connect to the regional sewer system. The county will continue to maintain these policies and evaluate the feasibility of regional system versus package treatment plants for the above referenced type of developments. . The existing conditions section of this sub -element provides a discussion of the existing capacity of centralized wastewater treatment facilities, with an emphasis on the county system. That discussion addresses the supply side of the wastewater treatment system. This section considers the demand side. The information for this section is based on the permanent and functional population projections contained in the Introductory Element and on the projected land use patterns contained in the Future Land Use Element. That information is also consistent with the county utilities master plan. To develop these projections, the county used data such as historic growth, population estimates, number and type of dwelling units, and developed commercial/industrial acreage. As with other facility analyses, planning for wastewater treatment facility expansion requires a rational approach to projecting growth over a finite planning period. Past experience has shown that using the historic growth of existing facilities in conjunction with population projections is the most accurate method of projecting wastewater generation rates for future treatment facility expansions. Capital Improvements According to the county sanitary sewer master plan, the total design capacity of the county sanitary sewer system in 2030 is projected to be 19 million gallons per day (MGD), while total demand is projected to be about 12.62 million gallons per day (MGD). To get to a 19 gallon per day eapaeity, either- the neAh eatinty r-egional plafft and/of the west regional plant will be • 2010, 2015, . This information is shown in the graph below. Because all of the plants in the county system are interconnected, there is flexibility as to which plant or plants will be expanded to accommodate future demand. Community Development Department Indian River County 36 Ap�Cfidix A Comprehensive Plan Sanitary Sewer Sub -Element Figure 3.A.2 WWTF Capacity vs. Demand Ap�& WWTF Capacity vs. Demand 20.00 16.00 18 00 18.00 14.00 12.85 16.00 1 .62 11.60 8.85 9.60 7 14.00 6.00 5.72 ..6 7 s8 t; 12.00 _ -4.70 470 5.10 12.85 2.62 3.89 — Overall WWTF Capacity 2 10.00 —.— Demand with Concrarency m 8.00 —t -Demand W/O Concurrent trs 8.00 6.00 .35 4.00 2.00 0.00 2000 2005 2010 2015 2020 2025 2030 2035 Ap�& 1 s.o 16.00 14.00 14.00 12.85 1 .62 11.60 8.85 9.60 7 6.00 5.72 ..6 7 s8 4.91 _ -4.70 470 5.10 3.89 To ensure sufficient capacity through 2030, the county should take the following steps: • Begin planning and preliminary design for expansion when a plant's Average Daily Demand is projected to equal or exceed its capacity within 5 years; • Prepare plans and specifications for expansion when a plant's Average Daily Demand is projected to equal or exceed its capacity within 4 years; • Submit a complete construction permit application to the Florida Department of Environmental Protection (DEP) for expansion when a plant's Average Daily Demand is projected to equal or exceed its capacity within 3 years; and • Submit an application for an operation permit for the expanded facility to DEP when a plant's Average Daily Demand is projected to equal or exceed its capacity within 6 months. Taking these steps within the referenced timeframes will ensure that the county has sufficient time to design, permit, and construct needed plant capacity. At the same time, these timeframes decrease the chances that plants will have many years of unused capacity. A list of sanitary sewer capital improvements is provided in the Capital Improvements Element � (CIE) of the county's comprehensive plan-andevided in Armen """ ofthi�bele�en . Since the county's CIE must be updated annually, projects completed will be dropped from the list of capital improvements and new projects will be added as needed. Community Development Department Indian River County 37 dix A Comprehensive Plan Sanitary Sewer Sub -Element Within the county, a number of existing residential developments are not connected to the county sanitary sewer system. If all unserved developments were connected to the regional sanitary sewer system, there would be significant additional wastewater treatment demand. For a number of reasons, however, most unserved developments will never connect to the regional system. In many cases, septic systems are adequate to accommodate individual single family houses, and there is no need to retrofit existing subdivisions with sanitary sewer lines. Where subdivisions are served by -a centralized potable water system, there are seldom problems caused by lots having individual septic taf&sstems. Given the high cost of retrofitting existing subdivisions with sanitary sewer lines and given the limited benefits of connecting, it is unlikely that many existing subdivisions will be retrofitted with sewers in the future. There are, however, some circumstances where connecting existing subdivisions to the sanitary sewer system would be beneficial. Those circumstances mostly relate to a subdivision's proximity to a waterbody. Because septic taa s i sy tems can leach pollutants and those pollutants can impact the ocean, the Indian River Lagoon, the St. Sebastian River, or other surface water bodies, the county has an interest in promoting the connection of waterfront subdivisions to the sanitary sewer system. In the future, the county should continue to offer its assessment program that provides sanitary sewer to those neighborhoods where individuals benefiting from the connection to the sanitary sewer system pay for the cost of service expansion. Wastewater Needs and Land Use With the 1990 adoption of the comprehensive plan, the county established its urban service area. The intent of the comprehensive plan is to direct most growth into that area and to provide urban type services to development in the urban service area. Since adoption of the 1990 comprehensive plan, the regional wastewater collection system has been extended to all commercial/industrial areas in the county, including the three I-95 commercial/industrial nodes. As a result of that expansion, the development potential of land within the urban service area has greatly increased for both residential and commercial/industrial projects. Although the regional sanitary sewer system service area has been greatly expanded, there are still several areas such as Oslo Park, Vero Lake Estates, Paradise Park and other areas which are not yet served. In the future, the county should evaluate whether or not unserved areas should be connected to the regional sanitary sewer system. Community Development Department Indian River County 38 ApRhdix A Comprehensive Plan Private Treatment Plants Sanitary Sewer Sub -Element As indicated in the background section of this Sub -Element, the reason that the cGounty started direct provision of wastewater treatment services was due to problems at private package treatment facilities. In many cases, the problems with private plants were due to the operational aspects of the plant, rather than with the plant itself. Because of those problems and their environmental impacts, the County Utilities Department has decommissioned all but four private plants. Customers formerly served by private plants that have been decommissioned. have been connected to the county system. To avoid a repeat of past problems, to ensure the financial viability of the regional system, and to discourage urban sprawl, new package treatment plants are generally prohibited within the urban service area. Consistent with the provisions of the Future Land Use Element of this plan, package treatment plants or connection to the regional system may be allowed outside of the urban service area to serve development projects that meet the following specific criteria: • clustering of residential development within agricultural areas; • clustering of residential development within privately owned upland conservation areas; • clustering development within mixed use districts; or • traditional neighborhood design communities. • agricultural businesses and industries (including biofuel facilities) In the future, the county will continue to maintain and enforce the above referenced policies. EFFLUENT DISPOSAL Another wastewater treatment issue concerns long range plans for effluent disposal. With respect to effluent disposal, the county has several alternatives. Those alternatives include requiring new commercial and/or residential development to use reuse water, retrofitting existing development to use reuse water, or creating wetlands with reuse water. While retrofitting existing development is, by a large margin, the most expensive of these options, requiring that new development accommodate reuse water is somewhat less expensive. In fact, new commercial areas are currently required to accommodate reuse lines. Even some single-family and multiple -family residential developers, although not required to, have chosen to incur the extra expense of building their projects to accommodate reuse water. Currently, reuse through spray irrigation is the county's primary effluent disposal method. This method is consistent with the county's emphasis to conserve potable water. For that reason, the eCounty t Utilities dDepartment is planning to modify the county's sanitary sewer system Community Development Department Indian River County 39 Ap� &dix A Comprehensive Plan Sanitary Sewer Sub -Element connection regulations to require that all new subdivisions of 25 or more lots within one-quarter of a mile of an existing re -use line connect to the re -use line for irrigation purposes. Perhaps the most successful and efficient effluent reuse method currently used by the county is at the West County Plant. At that site, a ±165 acre man-made wetland has been created and maintained with effluent from the plant. Besides the creation of habitat formany species of plants and animals, the benefits of that method of effluent disposal include greatly decreased operating costs. Although the wetland at the West County Plant is adjacent to the plant, such man-made wetlands are not required to be located near a treatment plant. If not located near a plant, however, they must be located near a reuse water transmission line. Because the long term benefit of developing such wetlands may outweigh the initial land acquisition and construction costs, the county should begin studying the feasibility of developing additional wetlands. SUMMARY OF ANALYSIS Currently, the county's sanitary sewer system is meeting the needs of the community. There is, however, a need to expand the regional wastewater treatment system. That expansion is needed to meet the demand of projected population growth through 2030, and is currently planned to occur with incremental plant expansions. While the county's wastewater system works well, septic t-aRkss sy tems are still an issue. In the future, the county needs to ensure that even fewer new units use septic taaks i s_ t� ems, while also connecting existing septic tames s_ ty ems users to the regional system where problems exist. To address the thousands of existing septic tames isy tems, the county and Health Department need to evaluate the feasibility of establishing a mandatory septic ta+tksystem maintenance system. Although the county has successfully extended sewer. lines within the urban service area, the county needs to continue to expand its collection system to serve the entire urban service area. Along with that, the county needs to expand its reuse system. Appendix A 208 Community Development Department Indian River County 40 Comprehensive Plan Sanitary Sewer Sub -Element GOAL, OBJECTIVES AND POLICIES GOAL Indian River County shall have an efficient system of sanitary sewer disposal that prevents degradation of existing resources, promotes orderly growth and development, and meets existing and projected demands. OBJECTIVE 1 Service Concurrent with Development Through the time horizon of the plan, there will be sufficient capacity in the regionalsanitary sewer system to accommodate all new development within the urban service area. POLICY 1.1: New development within the unincorporated portion of Indian River County shall be approved only when capacity is available, either on-site or off-site, to provide needed sanitary sewer service. POLICY 1.2: The eeofAy tttilities depaftfn DEP, on an annual basis, shall inspect all private wastewater treatment plants in Indian River County. POLICY 1.3: The county hereby adopts a sanitary sewer level of service standard of 250 gallons per day per equivalent residential unit with a peak monthly flow factor of 1.25. That standard shall be utilized for determining the availability of facility capacity and the demand generated by a development. POLICY 1.4: Through its computerized permit tracking and its concurrency management system, the county shall continue to implement procedures to update facility demand and capacity information as development orders and permits are issued. POLICY 1.5: The Planning Division, on an as needed basis, shall provide summary reports containing capacity and demand information for each public wastewater treatment plant within the county service area. POLICY 1.6: Consistent with the county's water and wastewater connection matrix, the county shall continue to allow the use of septic tank systems in rural areas for single- family units and for domestic waste disposal by small retail establishments. The use of septic systems must be approved by the Health Department and be consistent with Rule 64E-6, FAC. Appendix A 209 Community Development Department Indian River County 41 Comprehensive Plan Sanitary Sewer Sub -Element OBJECTIVE 2 Regional System Expansion/Correction of Deficiencies By 2025 281-5, at least 6058% of all existing fe^ir-units in the county's service area will be connected to the countX:s a -regional sanitary sewer system. This will be an increase from 52.7% 44% in 2017288Er. POLICY 2.1: The county shall continue to offer the utility assessment program to areas with septic sef-,;iee-. s ems within the County Utilities Department service area. POLICY 2.2: The county shall continue to offer up to 10 year financing for all utility assessments. POLICY 2.3: The county shall given priority for the provision of public sanitary sewer services to the subdivisions on the list of subdivisions as identified in Table 3.A.3 designated as requiring sanitary sewer service due to public health threats by DOH. POLICY 2.4: The county shall provideup blic sanitary sewer service to areas where the lack of such service is determined to be a public health threat and shall initiate sewer projects where feasible to serve subdivisions served by septic systems and identified in Table 3.A.3.1 as posing a disproportionately high potential negative impact on Indian River Lagoon water quality. The county shall recover costs through those connecting to the system and directly benefitting from the improvement. POLICY 2.5: Consistent with its interlocal agreements with the City of Sebastian and the Town of Orchid, the county shall provide sanitary sewer services to those municipalities. .. NOW" 011 No L97 a- "INSPROV"M M= L . .. MOTT MEMMMEM." .................. .................. . zr POLICY 2.6:. By 2018, the count. shall hall perform a financial analysis for septic to.sewer conversion projects. Based on that analysis and available funding a specific list of subdivisions to be connected to public sanitary sewer system by certain dates will be identified. Appendix A 210 Community Development Department Indian River County 42 Comprehensive Plan Sanitary Sewer Sub -Element POLICY 2:7: By 2028, the cogEly shall provide sanitary sewer service to at least five (5) subdivisions identified in Table 3.A.3.1 as posing a disproportionate) high potential negative impact on Indian River Lagoon water quality. The county shall recover costs through those.connecting to the system and directly benefitting from the improvement. OBJECTIVE 3 Surface Water and Groundwater Ouality Through the time horizon of the plan, the county will have no instances of sanitary sewer facilities contaminating surface water or groundwater resources. POLICY 3.1: The IRG14P-DOH-Indian River shall conduct annual inspections of septic tanks -s systems -that are associated with heavy commercial, industrial, and manufacturing or equivalent uses. The. results of these inspections shall mu be used to .conjunction with other items in prioritizing sanitary sewer service expansion. POLICY 3.2: The county shall regularly monitor all centralized sanitary sewer facilities to ensure that they do not contaminate surface water or groundwater resources. POLICY 3.3: To ensure that hazardous waste is not discharged into ground or surface water, the II B -DOH -Indian River shall requireeen&et ran samplings of on-site sewage systems for businesses which have been identified as hazardous waste generators suspected of illegal discharges. Violators shall be prosecuted according to federal, state and/or local regulations. OBJECTIVE 4 Water Conservation Through the time horizon of the plan, 100% of the wastewater effluent produced by the county centralized sanitary sewer facilities will be reused. POLICY 4.1: The county shall continue to reuse wastewater by spray irrigation, with percolation ponds and wetlands as back-up. POLICY 4.2: The county shall f e"iFeencourage large volume irrigation users, such as developments with golf courses, to use reuse water for spray irrigation POLICY 4.3: The county shall continue to enforce Land Development Regulations that require developments that use treated wastewater for spray irrigation to construct and dedicate to the county the effluent transmission lines needed to transport the effluent to the development. Appendix A 211 Community Development Department Indian River County 43 Comprehensive Plan Sanitary Sewer Sub -Element POLICY 4.4: The county shall require all new subdivisions or residential projects of 25 or more lots/units within one-quarter of a mile of an existing re -use line to connect to the re -use line when capacit., ems. OBJECTIVE 5 Capital Improvements By X42022, the county will have completed the sanitary sewer improvements listed in the county's 5 year Capital Improvements Program in order to maximize the use of existing facilities and discourage urban sprawl (current Five Year Capital Improvements Plan shaw.. in Appendix -Ais in the Capital Improvements Element of the comprehensive plan). POLICY 5.1: In conformance with the review process for the Capital Improvements Element , the county shall maintain a five-year schedule of capital improvement needs for public facilities. POLICY 5.2: Proposed capital improvement projects shall be evaluated and ranked according to the following three priority level guidelines: • Level One - whether the project is needed to protect public health and safety, to fulfill the county's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities. Level Two - whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement costs, provides service to developed areas lacking full service or promotes in -fill development. Level Three - whether the project represents a logical extension of facilities and services within the urban service area. POLICY 5.3: In order to guarantee provision of more than the minimum level of service, the county shall take the following steps: • begin planning and preliminary design for expansion when a plant's Average Daily Demand is projected to equal or exceed its capacity within 5 years; prepare plans and specifications for expansion when a plant's Average Daily Demand is projected to equal or exceed its capacity within 4 years; submit a complete construction permit application to the Florida Department of Environmental Protection for expansion when a plant's Average Daily Demand is projected to equal or exceed its capacity within 3 years; and Appendix A 212 Community Development Department Indian River County 44 Comprehensive Plan Sanitary Sewer Sub -Element • submit an application for an operation permit for the expanded facility to DEP when a plant's Average Daily Demand is projected to equal or exceed its capacity within 6 months. POLICY 5.4: The county shall treat sanitary sewer provision as an enterprise system which is financially self-supporting. POLICY 5.5: The County Utilities Department shall fund sanitary sewer :capital improvements and expansions through user fees, impaet feescapacity charges, developer's agreements, assessments and other appropriate fees and funding mechanisms. POLICY 5.6: The county shall identifypursue opportunities for state and federal saufees of funding available for the improvement and expansion of utility services including septic to sewer conversion proiects and sewer connections. POLICY 5.7: All improvements, replacement, expansion, or increase in capacity of county facilities shall be consistent with adopted level of service standards for facilities. POLICY 5.8: Consistent with the policies of the Future Land Use Element of this plan, provision of centralized sanitary sewer service shall be limited to the following areas: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; Areas outside of the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or where located no more than 500 feet from an existing sanitary sewer line that is part of the county sanitary sewer system, or where an approved place of worship or camp/retreat use existed on January 1, 2016 and is approved for water and/or sewer service by Utility Services in conjunction with a utility construction/connection permit filed with Utility Services on or before June 30, 2016. These areas are subject to the following provisions: o The maximum density of such land shall be as shown on the Future Land Use Map, and the provision of centralized sanitary sewer service shall not be justification for an increase in maximum density; and o Any and all costs associated with connecting a property to the sanitary sewer system, including costs associated with survey, design, Appendix A 213 Community Development Department Indian River County 45 Comprehensive Plan Sanitary Sewer Sub -Element permitting, line extensions, construction, pumps and lift stations, restoration, inspections, and certification, shall be borne by the owner of the property. • Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: o clustering of residential development within agricultural; o clustering of residential development within privately owned upland conservation areas; o clustered development within mixed use districts; o traditional neighborhood design communities; o public facilities such as public schools; and o agricultural businesses and industries (including biofuel facilities) • Areas where, consistent with Sanitary Sewer Sub -Element Policy 2.4, the lack of centralized sanitary sewer service is determined to be a public health threat. POLICY 5.9: The county shall install automatic air release valves in all new sewer lines. OBJECTIVE 6 Package Treatment Plants Through the time horizon of the plan, there shall be no instances of package treatment plant failures, or illegal or unsafe package treatment plant discharges. POLICY 6.1: The county shall limit the use of package wastewater treatment systems to areas that meet the following criteria governing connection to the county sanitary sewer system: • Development served by existing package treatment plants may continue to treat their sewage in that manner until centralized service becomes available. At that time, all development within '/4 mile of a county sewer line shall be connected to the county systema Development whose sewage treatment systems causes a public health problem must connect to the regional system regardless of the distance to sewer lines. • Package treatment plants shall be allowed in areas of development outside of the Urban Service Area when such development meets the criteria of policies of the Future Land Use Element for: o clustering of residential development within agricultural areas; Appendix A 214 Community Development Department Indian River County 46 Comprehensive Plan Sanitary Sewer Sub -Element o clustering of residential development within privately owned upland conservation areas; o clustering development within mixed use districts; o tradition neighborhood design communities; or o agricultural businesses and industries (including bio.fuel facilities) POLICY 6.2: The county shall ensure that, prior to the issuance of development orders or permits, the applicant has demonstrated that the project complies with applicable federal, state., and local permit requirements for package treatment plants. POLICY 6.3: The county shall require that issuance of permits for replacement or expansion of existing package treatment plants be conditioned upon compliance with the most updated version of DEP regulatory requirements and Federal and State water quality standards as identified in the "Regulatory Framework" section of the sub -element. POLICY 6.4: To ensure proper maintenance and operation, the Utilities DepaAmen 4 -DEP shall inspect all package treatment plants on an annual basis. POLICY 6.5: The county shall require all new package wastewater treatment plants to be built according to current federal, state, and county requirements. In addition to obtaining a county permit demonstrating compliance with county regulations, any developer building and operating a package wastewater treatment plant must obtain a state permit demonstrating compliance with state and federal regulations. Those regulations include but are not limited to the Federal Water Pollution Control Act of 1972 (PL 92-500) and its amendments through the Clean Water Acts of 1977 (PL 95-217) and 1981 (PL 97-117), Chapters 381 and 403 of the Florida Statutes, and Rules 17-3 and 17-6 of the Florida Administrative Code. Both state and county permits are required for the construction of a plant, and for any future expansion or modification of a plant. POLICY 6.6: At the time the county approves any new package treatment plants, the county will require, that at the time deemed appropriate by the county, the package treatment plant and associated sewer collection system shall be dedicated to the county for operation, and maintenance without compensation. POLICY 6.7: The county shall continue to enforce ordinances requiring pre-treatment of commercial and industrial waste before discharge into the county system. POLICY 6.8: The county shall require all future connections to the regional sanitary sewer system to be consistent with the attached water and wastewater connection matrix. Appendix A 215 Community Development Department Indian River County 47 Comprehensive Plan Sanitary Sewer Sub -Element OBJECTIVE 7 Septic Tla*k-Systems By 2020, the number of new septic tank -systems permitted annually will not exceed450200. POLICY 7.1: The county shall limit the use of septic tam -systems to areas that meet the following criteria governing connection to the county sanitary sewer system: 0 Alith t4e eKeeption of these identified in Table 3.A.3, residential s4divisiefts Commercial/industrial uses and residential subdivisions identified in Table 3.A.3 may. continue to treat their sewage with existing septic tank systems until centralized sewer service lines are extended to within '/4 mile of the site. At that time, all residential units in those subdivisions and all commercial/industrial uses shall be connected to the county system. Developments whose sewage treatment systems cause a public health problem must connect to the regional system regardless of the distance to sewer lines. Use of septic tank -systems for new development shall be prohibited unless: o such development meets the criteria set on the water and wastewater connection matrix; or o such development consists of clustered residential development within privately owned upland conservation (C-3) areas. Even under those circumstances, no individual septic tank systems may be associated with individual residential units. If located outside of any conservation designated areas or areas that are environmentally sensitive or significant, however, centralized community septic tank systems may be provided to each pod of clustered residential development. o Septic tam systems shall be allowed in areas of development outside of the Urban Service Area when such development meets the criteria of policies of the Future Land Use Element for: - clustered residential development within agricultural planned development projects; - clustered development within new town projects; - traditional neighborhood design communities; and - agricultural businesses and industries (including biofuel facilities) Appendix A 216 Community Development Department Indian River County 48 Comprehensive Plan Sanitary Sewer Sub -Element POLICY 7.2: The county shall ensure that, prior to the issuance of development orders or permits for projects to be served by septic tank systems, the applicant has demonstrated that the project complies with Florida Department of Health DOH regulations Section 381.0065 FS -and Rt -Chapter 64E-6, FAC, permit requirements for septic ta*k-systems. POLICY 7.3: The county in coordination with and through the DOH -Indian River, shall require that issuance of permits for repair or replacement of existing septic tanlc-systems be conditioned upon compliance with the mess updated er-si^^ of DEP fegul ter -Y reVir-emea4s--and Fedefal and She-watef- quality =stca-ndafds as -Z en4ifiied in—t13e "Re er-y F-r-aameloverk" seetien- of the Sub element. with DOH regulations Section 381.0065 FS and Chapter 64E-6, FAC, permit requirements for septic systems. POLICY 7.4: The county, in coordination with and through the DDOH-Indian River, shall establish public education programs on the proper use, inspection requirements, maintenance, and abandonment of septic . t-ankss s• tY ems. The -sem system abandonment process shall be based on current state and local regulations. POLICY 7.5: Consistent with Section 381.0.0651 FS and in coordination with and through the DOH -Indian River, the County shall encourage a voluntary opt—in provision for septic system maintenance and encourage contractors that provide septic maintenance to document information. POLICY 7.6: The County, in coordination with and through the DOH -Indian River, shall encourage all septic systems including repairs and modifications to meet a 24 inch separation between the bottom of the drainfield and the wet season water table and meet 75 foot setbacks from surface waterbodies and wells. Appendix A 217 Community Development Department Indian River County 49 Comprehensive Plan Sanitary Sewer Sub -Element PLAN IMPLEMENTATION An important part of any plan is its implementation. Implementation involves execution of the plan's policies. It involves taking actions and achieving results. For the Sanitary Sewer Sub -Element, implementation involves various activities. While some of these actions will be ongoing, others are activities that will be taken by certain points in time. For each policy in this element, Table 3.A.6 identifies the type of action required, the responsible entity for taking the action, the timing, and whether or not the policy necessitates a capital expenditure. To implement the Sanitary Sewer Sub -Element, several different types of actions must be taken. These include: expansion of plant capacity, extension of the collection network, enforcement of land development regulations and ordinances, execution of interlocal agreements, coordination, and preparation of studies and evaluation and monitoring reports. Overall plan implementation responsibility will rest with the planning department. Besides its responsibilities as identified in Table 3.A.6, the planning department has the additional responsibility of ensuring that other entities discharge their responsibilities. This will entail notifying other applicable departments of capital expenditures to be included in their budgets, notifying other departments and groups of actions that must be taken, and assisting other departments and agencies in their plan implementation responsibilities. Appendix A 218 Community Development Department Indian River County 50 Comprehensive Plan Sanitary Sewer Sub -Element TABLE 3.A.6 - SANITARY SEWER SUB -ELEMENT IMPLEMENTATION MATRIX POLICY# TYPE OF ACTION RESPONSIBILITY TIMING CAPITAL EXPEND. 1.1 Land Development Regulations Planning Ongoing NO 1,2 Monitoring Procedures UtilitiesDEP Ongoing NO 1.3 Land Development Regulations Planning Ongoing NO 1.4 Monitoring Procedures Utilities/Planning Ongoing NO 1.5 Summary Reports Planning As Needed NO 1.6 Land Development Regulations Utilities/IRC44-DDOH - INDIAN RIVER Ongoing NO 2,1 Service Provision Utilities Ongoing YES 2,2 Service Provision Utilities Ongoing NO 2.3 Evaluation Process/ Service Provision Utilities/IBDOH - INDIAN RIVER Ongoing YES 2.4 Evaluation Process/ Service Provision Utilities/I4Z-C44DDOH - INDIAN RIVER Ongoing YES 2,5 Coordination Utilities/BCC Ongoing NO 2.6 Feasibility S4tdySe tic to Sewer Study Utilities,tPlanaing Ongoing NO 2.7 New Service to Existing Utilities Ongoing YES Subdivisions on Septic Systems 3.1 Annual Inspections IIG14DDOH - INDIAN RIVER Ongoing NO 3.2 Monitoring Procedures Utilities Ongoing NO 3.3 Monitoring Procedures IRCI=I-BDOH - INDIAN RIVER Ongoing NO 4.1 Reuse Water by Spray Irrigation Utilities Ongoing NO 4.2 Land Development Regulations Utilities Ongoing NO 4.3 Land Development Regulations Utilities Ongoing NO 4.4 Land Development Regulations Utilities Ongoing NO Appendix A 219 Community Development Department Indian River County 51 Comprehensive Plan Sanitary Sewer Sub -Element POLICY# TYPE OF ACTION RESPONSIBILITY TIMING CAPITAL EXPEND. 5.1 CIP Maintenance Finance/Utilities Ongoing NO 5.2 CIP Evaluation & Finance/Utilities Ongoing NO Prioritization 5.3 Capacity Monitoring & Utilities Ongoing YES Plant Expansion 5.4 Land Development Finance/Utilities Ongoing NO Regulations 5.5 Land Development Utilities Ongoing YES Regulations 5.6 Funding Mechanism Utilities/Finance Ongoing NO 5.7 Improvement/ Utilities Ongoing YES Rep lacement/Expansion 5.8 Land Development Utilities/Planning Ongoing NO Regulations 5.9 Installation of Air Utilities Ongoing Yes Release Valves 6.1 Land Development Utilities/Planning Ongoing NO Regulations 6.2 Land Development Utilities/Planning Ongoing NO Regulations 6.3 Land Development Utilities/Planning/ 1DOH Ongoing NO Regulations - INDIAN RIVER 6.4 Plant Inspections UtilitiesDEP Ongoing NO 6.5 Land Development Utilities/Planning Ongoing NO Regulations 6.6 Land Development Utilities/Planning Ongoing NO Regulations 6.7 Land Development Utilities Ongoing NO Regulations 6.8 Land Development Utili ti es/P tanning Ongoing NO Regulations 7.1 Land Development Utilities/Planning Ongoing NO Regulations 7.2 Land Development Utilities/Planning/ 1RC14DDOH Ongoing NO Regulations - INDIAN RIVER Appendix A 220 Community Development Department Indian River County 52 Comprehensive Plan Sanitary Sewer Sub -Element POLICY# TYPE OF ACTION RESPONSIBILITY TIMING CAPITAL EXPEND. 7.3 Land Development Utilities/Planning/ 1RC14BDOH Ongoing NO Regulations - INDIAN RIVER 7.4 Public Education Utilities/ 1DOH - Ongoing NO Program INDIAN RIVER 7.5 Septic Maintenance and DOH - INDIAN RIVER Ongoing NO Reporting 7.6 Septic System DOH - INDIAN RIVER Ongoing NO Improvements Appendix A 221 Community Development Department Indian River County 53 Comprehensive Plan Sanitary Sewer Sub -Element EVALUATION AND MONITORING PROCEDURES To be effective, a plan must not only provide a means for implementation; it must also provide a mechanism for assessing the plan's effectiveness. Generally a plan's effectiveness can be judged by the degree to which the plan's objectives have been met. Since objectives are measurable and have specific timeframes, the plan's objectives are the benchmarks used as a basis to evaluate the plan. Table 3.A.7 identifies each of the objectives of the Sanitary Sewer Sub -Element. It also identifies the measures to be used to evaluate progress in achieving these objectives. Most of these measures are quantitative. Besides the measures, Table 3.A.7 also identifies timeframes associated with meeting the objectives. The utilities department staff will be responsible for monitoring and evaluating the Sanitary Sewer Sub -Element. This will involve collection of data and compilation of information regarding facility capacity, expansion, and new development permitted. This will be done on a regular basis. As part of the county's concurrency management system, the county will continually monitor facility capacity to ensure that wastewater level -of -service standards will be maintained. While monitoring will occur on a continual basis, formal evaluation of the Sanitary Sewer Sub - Element will occur every five years in conjunction with the formal evaluation and appraisal of the entire comprehensive plan. Besides assessing progress, the evaluation and appraisal process will also be used to determine whether the Sanitary Sewer Sub -Element objectives should be modified or expanded. In this way the monitoring and evaluation of the Sanitary Sewer Sub - Element will not only provide a means of determining the degree of success of the plan's implementation; it will also provide a mechanism for evaluating needed changes to the plan element. Appendix A 222 Community Development Department Indian River County 54 Comprehensive Plan Sanitary Sewer Sub -Element TABLE 3.A.7 - SANITARY SEWER SUB -ELEMENT EVALUATION MATRIX OBJECTIVE # MEASURE TIMEFRAME 1 Availability of Sufficient Capacity Through the time horizon of the plan 2 % connected to regional system By 252020 3 # of instances of sanitary sewer facilities contaminating surface water or groundwater resources Through the time horizon of the plan 4 % of wastewater effluent reused Through the time horizon of the plan 5 Completed improvements Through the time horizon of the plan 6 # of package treatment plant failures and # of illegal or unsafe package treatment plant discharges Through the time horizon of the plan 7 # of new septic systems permitted annually By 2020 Appendix A 223 Community Development Department Indian River County 55 Comprehensive Plan Sanitary Sewer Sub -Element TABLE 3.A.8 - WATER & WASTEWATER CONNECTION MATRIX FOR NEW DEVELOPMENT * Daily flow refers to water consumption or sewer generation. **The applicant for any development project, where such project will not connect to a centralized system, must sign a developer's agreement with the Indian River County Utilities Department to operate on a private system with a commitment to connect to the regional system when service is available. These agreements shall be conditioned upon demonstration of compliance with applicable federal, state, and local permit requirements. When using a private system or on-site facilities, the developer must construct a dry line or wet line at the time of construction, if required by the Utilities Department. The final determination for the type of Appendix A 224 Community Development Department Indian River County 56 Inside of the Urban Service Area Connect Not Connect Single Family: Within 200' of system X Outside of 200' of system X** Residential Projects: Subdivision, multi -family, site plan, PD, DRI Within '/4 mile of the system 25 units or more X Less than 25 units X Outside ,of'/4 mile of system 25 units or more X Less than 25 units X** Non -Residential Projects: Subdivision, site plan, PD, DRI Within'/4 mile of system 2,000 gallons daily flow or more* X Less than 2,000 gallons daily flow* X Outside of/4 mile of system 2,000 gallons daily flow or more* X Less than 2,000 gallons daily flow* X** * Daily flow refers to water consumption or sewer generation. **The applicant for any development project, where such project will not connect to a centralized system, must sign a developer's agreement with the Indian River County Utilities Department to operate on a private system with a commitment to connect to the regional system when service is available. These agreements shall be conditioned upon demonstration of compliance with applicable federal, state, and local permit requirements. When using a private system or on-site facilities, the developer must construct a dry line or wet line at the time of construction, if required by the Utilities Department. The final determination for the type of Appendix A 224 Community Development Department Indian River County 56 Comprehensive Plan Sanitary Sewer Sub -Element non-residential establishment which can utilize a private system shall be made by the Utilities Department, Community Development Department, and DOH — Indian River. System Availability: A system is considered available when a collection or distribution line exists in a public easement or right-of-way. Distance Determination: Distance determinations are made from the nearest point of the project (area of development) to the public facility directly through public easements or public rights-of- way. FACommunity Development\Comprehensive Plan Text Amendments\2017 Sewer Policy Update\Agenda Items\PH #2 - BCC Transmittal Review\Appendix A\9 Chapter 3A Sanitary Sewer Sub -Element Working Copy - BCC Transmittal Hearing.doc Appendix A 225 Community Development Department Indian River County 57 PROPOSED REVISIONS TO FUTURE LAND USE ELEMENT terrace extends into and beyond the northwest corner of the county and reaches elevations of approximately 40 feet above sea level. The topography of the county is depicted in Figure 2.17. Overall, the relatively flat terrain of the county poses few constraints to development as compared to a rough or rugged terrain. The topography is also a key feature in the natural drainage system and must be examined along with other natural features to identify development opportunities and constraints. These potential opportunities and constraints are addressed in the analysis section of this element and examined in the Conservation, Coastal Mana ems, and Infrastructure Elements. Soils Soils can greatly influence the value or development potential of land. On farmland, those soils which are rich in nutrients provide the potential for high crop yields, while other soils require extensive fertilization and treatment. Generally, structures cannot be built on soils with poor load bearing capacity unless costly methods are employed to overcome the problem. Soils can also severely limit the use of sanitary facilities such as septie—tank septic systems and landfills. While wet soils often cannot accommodate septie tank systems, ground water can be polluted in highly permeable soils. Those soils with high water tables may also indicate the existence of a wetland vegetative community. In Indian River County, the United States Soil Conservation Service has identified 58 different soil types. These soils are further classified into thirteen generalized soil types and distributed among five physiographic areas of the county as follows: sand ridges; coastal islands and tidal marshes; flatwoods, low knolls and ridges; sloughs, poorly defined drainage ways and hammocks; and freshwater swamps and marshes. The generalized soil types are depicted in Figure 2.18. The suitability of soils for development is discussed in the analysis section of this element and in greater detail in the Conservation and Coastal Management Elements. Future Land Use Element 46 Appendig6 A Water transportation is provided on the Intracoastal Waterway in the Indian River Lagoon. This federally maintained water route traverses the length of the county. The nearest deepwater ports are located at Ft. Pierce to the south and Port Canaveral to the north. In Indian River County, rail service is provided by the Florida East Coast Railroad (FEC). The FEC maintains single and double tracks just west of and parallel to US 1. The nearest FEC freight yard is in Ft. Pierce. Aviation, Ports, and Rail issues are also discussed in the Transportation Element. Sanitary Sewer Generally, wastewater is a service that has traditionally been supplied by local government. In addition to the more technologically sophisticated and efficient central systems, traditional methods of wastewater treatment, including aseptic systems, are still employed in Indian River County. The primary purpose of wastewater treatment is to remove solids and toxic chemicals from wastewater and render organic wastes inert. After treatment, the resulting water product is then reintroduced into the natural water cycle. Presently, there are five publicly operated regional wastewater treatment plants operating in the county. Four of those plants are operated by the Indian River County Utilities Department, while the other plant is operated by the City of Vero Beach. There are also three privately -operated package treatment plants in the county. While the county operated plants provide a level of service of 250 gallons/residential unit/day, the city operated plant provides a level of service of 197 gallons/residential unit/day. The combined design capacity of the regional plants is: 13,370,000 17,350,000 gallons/day, an amount sufficient to accommodate their combined average daily demand of -8-,274,4M_8 780,000 gallons/day. Currently, the service area of the regional system includes substantial portions of the urban area of the county. As such, wastewater lines extend to much of the county's urban area, including portions of all three of the commercial/industrial nodes along I-95. In 2006, the county utilities department had�4-58 28,167 sanitary sewer customers. With respect to septic 4&nk eptic systems, the Department of Health in Indian River County (DOH Indian RiverRublie Health T nit, Division E)f Envir-ennenal 14stn, currently estimates that there are appy -e imate y more than 36,039 septie t septic systems in use in Indian River County. While approximately -l-,2-7-2 121 new septieEseptic s s� terns were installed in 20016 in the county, that number has decreased significantly in more recent years as the level of residential construction has declined. Future Land Use Element 63 Appendix 2tt Within. the county, many of the older residential areas were developed with well and septic tank systems on lots which, by today's standards, are small in size. The small lot size in those. areas often results in inadequate separation distances between wells and septtie ta*kseptic s sy terns. For that reason, some of those areas have experienced contamination of wells. To address that health problem, county policy has been to connect those areas to the regional potable water system. Because connection to the regional potable water system is usually sufficient to eliminate health risks, connection of those areas to the regional sanitary sewer system has been on a much more limited basis. Wastewater and sanitary sewer systems are addressed more fully in the Sanitary Sewer Sub - Element of the Infrastructure Element and in the Capital Improvements Element. The impact of those systems is also addressed in the Conservation Element. Potable Water Water is essential to human life and is a key ingredient in agriculture, commerce and industry. Traditionally, water in urban areas has been provided by local governments, while in rural areas individual wells or water systems have sufficed. This pattern is also present in Indian River County; however, it is not uniform in all areas of the county. In Indian River County, the water delivery system is composed of private wells and public water systems. The potable water system is discussed in greater detail in the Potable Water Sub - Element and the Capital Improvements Element. Groundwater sources are discussed in the Natural Groundwater Aquifer Recharge Sub -Element and the Conservation Element. As with the county's population distribution, water systems other than private wells are primarily limited to the developed eastern third of the county land area. Currently, there are four publicly owned regional water treatment plants operating in the county. Two of those plants are operated by the Indian River County Utilities Department, while the other plants are operated by the City of Vero Beach and the City of Fellsmere. While the county -operated plants provide a level of service of 250 gallons/residential unit/day, the Vero Beach and Fellsmere plants provide a level of service of 351 and 200 gallons/residential unit/day, respectively. The combined design capacity of those plants is 24,720,000 gallons/day, an amount sufficient to accommodate their combined average daily demand of 15,990,000 gallons/day. The plants operated by the county Utilities Department use the Floridan Aquifer as their primary water source. While the City of Vero Beach uses both the Surficial and Floridan Aquifers, the City of Fellsmere uses only the Surfrcial Aquifer. Because water drawn from the Floridan Aquifer contains impurities, that water must be treated to become potable. For water drawn from the Floridan Aquifer, the type of treatment used by both the city and county plants is reverse osmosis. For water drawn from the Surfrcial Aquifer, a lime softening treatment process is used. A by-product of the reverse osmosis process is brine; brine is water with a high concentration of impurities. That brine is then treated prior to being discharged. Future Land Use Element 64 AppendiM8 A Future Land Use Map, the 106,661 units projected at build -out represent fewer units than the maximum allowed by the Future Land Use Map. If single-family development continues to occur at densities substantially less than the maximum allowed by the by Future Land Use Map, then it can be expected that the unincorporated county's build -out potential will be reduced in the future. Currently, comprehensive plan policies direct the vast majority of residential development to land inside the urban service area. Of the projected 106,661 residential units at build -out, 96,029 units (or 90%) will be located inside the urban service area. The remaining 10,632 units will be located outside of the urban service area. Because of the recent municipal annexations and the future land use plan densities expected to be assigned to those annexed areas, the build -out potential for the total county has increased significantly. Upon build -out, it is projected that the unincorporated county and the county's municipalities will contain 188,848 residential units. At that time, the county's five municipalities will contain 82,187 residential units. Of these residential units, 49,474 residential units will be in the City of Fellsmere, while the remaining 32,713 residential units will be located in the county's other municipalities. Use Suitabilitv of Soil Within the county, soils can limit development activity in two major ways: load bearing capacity and suitability for sanitary facilities. Those characteristics are addressed in the United States Department of Agriculture Soil Conservation Service's soil survey for Indian River County. In addition to mapping the different soils, the survey also provides an analysis of the soils. The analysis, which includes the physical, chemical, and hydric composition of each soil type, provides a basis to evaluate the soil potential for different uses. Table 2.12 is a summary of soil ratings and limitations from the Soil Survey. (Soils are also discussed in the Conservation Element). That table indicates that most soils in the county present severe limitations for site development and sanitary facilities. Usually, building limitations are due to the wetness of the soil. The wetness of the soil can result in the ponding of water, flooding and caving of excavation. The wetness also presents severe limitations to sanitary facilities and, in particular, to septie taxlfseptic s sus. Since wetness and ponding lead to poor filtering and slow percolation, wet soils are unable to adequately drain. Within the county, those limitations can be reduced through the use of certain building techniques and standards. Those techniques and standards include raising the elevations of sites through the use of fill dirt and enhancing the natural drainage area of development projects. Throughout the county, seplie 4aak c s sy terns are permitted by the Environmental Healt Depai4meffDOH-Indian River. To ensure that adequate sanitary facilities are provided for sites not connected to the county's centralized sanitary sewer system, county building regulations require the issuance of a septic permit prior to issuance of a building permit. Several standards Future Land Use Element 78 Appendix A used by the Health PepaAm^^*DOH-Indian River to guarantee the viability of septic systems include: a minimum septic tamseptic system elevation requirement of 48" above the wet season water table; a minimum separation distance requirement between septie tanksentic s sus and potable water wells of 75 feet; and a limitation on total building square footage based on lot size and drainfield requirements. Because of the limitations associated with on-site septic systems, the county's policy should be to expand the public sanitary system throughout the urban service area. The Sanitary Sewer Sub - Element provides additional analysis of septic tankseptic system suitability in the county and the regulatory framework under which septie-ta*ksptic s s� terns are permitted. Table 2.12, Soil Characteristics and Suitability Soil Drainage Corrosivity Irrigation Septic Fields Dwellings Pond Steel Concrete Poorly Moderate Low to Wetness, Severe limitations — Severe limitations — Severe Drained to High High Droughty, Wetness, Percolates Wetness Limitations — Fast intake slowly Seepage Moderately Low to Low to, Wetness, Severe Limitations Slight to Severe Severe Drained Moderate Moderate Droughty, — Percolates slowly, Limitations — Limitations — Fast intake Poor filtering Wetness Seepage Excessively Low Moderate Droughty, Slight — Very poor Slight Severe Drained to High Fast intake, filtration. Potential Limitations — Soil blowing for groundwater Seepage contamination Data Source: U.S.D.A. - Soil Conservation Service Figure 2.26 shows soil characteristics which present severe limitations to development. Use Suitability of Topography The topography of Indian River County is generally flat with the exception of several ridges. Due to the lack of rough or rugged terrain, topography does not present any major limitations to development. Only a few areas .along the coastal .ridge have slopes steep enough to constrain development. Overall, topography is one of the principal influences on the drainage system. Because much of the county consists of relatively low flatlands, many of those areas, including the highly developed eastern mainland, would be underwater for portions of the year without man-made drainage ditches and canals. There are, however, certain county areas, such as the barrier island, the sand ridges, the St. Sebastian River area, and the higher elevations in the western county, which have a topography that results in the natural runoff of stormwater. Going forward, the county's policy should be to require that stormwater runoff from new development does not negatively impact adjacent properties or receiving water bodies. Because of the county's flat terrain, stormwater management systems are necessary to direct and retain Future Land Use Element 79 Appendix2A ➢ Groundwater Recharge Areas Underlying Indian River County are two aquifers that provide county residents with all water for domestic consumption. Those aquifers are recharged or filled by the percolation of rain and surface water through soil layers into the underground reservoirs. Those areas which provide the greatest potential for recharge are classified as "Prime Recharge Areas" and are shown on Figure 2.29. While excessive development of those areas can result in changes to natural drainage patterns and reduce recharge potential, excessive use of septic tafik c s sy terns and hazardous materials in those areas can increase the possibility of contamination of the aquifer. For the county public water system, the public water supply source is the deep aquifer which, because of its depth, is less likely to be subject to contamination from ground sources. Recharge areas for that aquifer are located northwest of the county. Within the county, those areas which contain community wells, that draw large quantities of ' water are especially subject to contamination or pollution. Generally, groundwater contamination can result from excessive or improper use of septic systems and other wastewater treatment facilities;. the leakage of chemicals and fuels stored underground, seepage from landfills and other waste storage areas, or surface spills. of hazardous materials. For each of the community wells or wellfields in the county, zones of influence have been calculated. Those zones vary in size due to the amount or volume of flow, depth of the well and the porosity of the aquifer. Within those zones, the county's policy should restrict uses that could contaminate community wells. Future Land Use Element 85 Appendix23A ➢ Summary of Use Suitability of Natural Resources Overall, the natural features of the county provide various constraints to development, many of which can be overcome through modern building and engineering techniques. In fact, one natural resource constraint that has been mitigated through engineering is drainage. With respect to drainage, large areas of the county would be underwater, if it were not for the county's extensive system of drainage canals and ditches. In some cases, modifications are relatively simple and provide minimal adverse impacts to the environment. Where only slight modification is required, areas are generally suited for most types of development. Other areas require extensive man made improvements to achieve even the lowest intensity of development. Often those improvements include the wholesale destruction of important and sensitive habitats. In those areas, development should be kept to a minimum and highly regulated to ensure the protection of natural features and resources. Figure 2.30 is a composite of the natural constraints in the county. In those areas which contain severe constraints, the county's policy should be to restrict development. A review of existing development and natural land uses reveals the following important facts: • destruction of natural areas is most evident in the eastern portion of the county, especially waterfront areas along the Indian River and on the barrier island; • continued reliance on septieseptic systems increases the potential for pollution of the shallow aquifer; • the use of septic tank c systems in soils which are not suited for septic tank c sstems and development in areas with low elevations require large amounts of fill dirt obtained by mining; • the large amounts of runoff that result from development can lead to the need for expensive drainage improvements, pollution of natural water bodies, and localized flooding; and • development of wetlands, woodlands and other natural areas results in the destruction of natural habitat, upsetting the natural balance of the ecosystem. Wherever development occurs, the natural state of the land is altered, most of it without serious consequences. Certain areas, however, are of such a sensitive nature that their alteration can lead to serious problems for nature and humans alike. In the past, much of the land area of the county was drained and cleared for agriculture. While it is impossible to preserve all natural areas, development- policies and land use regulations can and should protect sensitive areas and limit the destruction of the environment. Future Land Use Element 87 Appendix 24 permit the transfer of development rights, and promote the use of conservation easements, dedications, and public acquisition. Policy 7.4: Any development activity in areas designated as environmentally sensitive or important, as defined in policies 5.4 and 6.11 of the Conservation Element, shall require an environmental survey as part of the approval of a development order. Based upon the results of the environmental survey, development projects shall be required to provide a site design which minimizes impacts upon endangered and threatened plants and animals. Policy 7.5: The county shall review and evaluate proposed development projects to ensure that stormwater runoff from the new development will not negatively impact adjacent properties or receiving surface waterbody quality. Policy 7.6: Indian River County shall maintain and enforce regulations to protect wetlands from the negative impacts of development. These regulations address building setbacks, protection from solid and liquid wastes including pesticides and herbicides, dredging or filling of wetlands, incorporation of wetlands into a site's development scheme, and mitigation of lost or destroyed wetlands. Policy 7.7: Indian River County acknowledges the environmental importance of the prime aquifer recharge areas shown on Figure 2.29. The county shall regulate the development of these areas. Regulations include an overlay district which restricts land uses, implements special siting requirements for septic tank c s sus to mitigate soil drainage characteristics, and regulates other factors which impact the recharge capability of the land. Policy 7.8: The county shall protect public water supply wells by prohibiting the placement of septic systems; stormwater retention/detention areas; wastewater treatment plant effluent discharges, including but not limited to percolation ponds, surface water discharge, spray irrigation; and drainfields; sanitary landfills, feed lots and other concentrated animal facilities; mining and excavation activities; and the handling, production, and storage of regulated substances within wellfield cones of influence. Policy 7.9: Consistent with the Potable Water Sub -Element, the county shall continue to extend the county water system, enabling the acquisition of small public water systems, thereby reducing the number of residents using the shallow aquifer, which is subject to groundwater pollution threats. Policy 7.10: Through the use of fee simple purchase, transfer of development rights, and conservation easements, Indian River County shall coordinate with other state, federal and local agencies to identify and protect vegetative communities identified in Conservation Element policies 6.1 through 6.7. Future Land Use. Element 164 Appendix 2A Polices: The county, in cooperation with the local Health Depa44m DOH- Indian River, shall continue to regulate the siting of septie4ankseptic s stems including siting requirements to mitigate soil characteristics. OBJECTIVE 8: PROTECTION OF HISTORIC RESOURCES Through 2015, at least 95% of unincorporated Indian River County's historic properties (as identified in "Historic Properties Survey of Indian River County, Florida", prepared by Historic Property Associates, Inc., April 1989) will continue to be preserved in fair, good, or excellent condition. Policy 8.1: The county historian and, as needed, outside consultants and experts shall provide guidance and advice to the Board of County Commissioners on matters concerning historic and archaeological preservation. The county historian shall be consulted for recommendations concerning: proposed changes to county regulations protecting historic and archaeological resources; and projects which may impact historical and archaeological sites identified on the Florida Master Site File or designated as significant by the Board of County Commissioners. Policy 8.2: Indian River County shall use incentives such as transfer of development rights, tax relief, mitigation, and public acquisitions; and penalties such as fines and imprisonment, to protect and preserve historically and archaeologically important resources. The following criteria are used to determine the historical significance of a resource: • whether or not the resource is at least 50 years old; • whether or not the resource contains significant character, interest or value as part of the historical, cultural, aesthetic and architectural heritage of the county; • whether or not the resource displays historical, political, cultural, economic, or social trends of community history; • whether or not the resource displays unique and/or distinguishing characteristics of an architectural style, design period, construction method, detail, craftsmanship, or material; and • whether or not the resource is a work by a prominent architect, designer, engineer, builder or landscape architect. Policy 8.8.3: All public and private development or redevelopment proposals shall be reviewed for their impact upon designated historic resources. Policy 8.4: Public and private development and redevelopment activities shall cease, at least temporarily, if historic or archaeological artifacts are discovered, in order to allow for evaluation of historic significance. Future Land Use Element 165 Appendi:�94A 0 J Q z N r -I c� r m Ln i O N m r m O� ;jE ro ^' OU - L •-J W a� >E Ln +-' 0 oL. C:aj Ln L-nQj ai O +-j 3: u u (In Q cn -C: 0..0 C: U �QJai 0 •���� +-j .0 ca 4-J O 00 (11 C: C:C U 4J a) 4- 0 E JcL- N ca co a-' ai O w -C 4. - ai CO +.5 +-j O m >%-oa,ko�C:.LU-0 L. c. 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N V) Li O CL n O c� ,--Pg .2.54-ic) s s �, WD o a� M o � 4 o .� m m 4-1 a� s M .� E N N +� > s N 4-J 4 N i L. i Mo m m Q .i Q O N aw E ,� E H O 'uf Q m � w ♦., 'Q i N x tw I� Q E •� a +, > M w V s Oc m m ago V W w* M a O C M -ai•- r r EE V ci coV O 0 C. ,--Pg .2.54-ic) 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 Copvllne PO # 463755 - INDIAN RIVER COUNTY PLANNING/CDD 2011139 BCC FINAL PH AD JUNE 5 Pub Dates May 20, 2018 Sworn to and subscribed before me this day of, May 21, 2018, by �. - �4'&-,&Ul/[.� who is Natalie Zoll r ()o personally known to me or ( ) who has produced — �� W14 f q 42�1�en Karol Kangas Notary Public as identification. KAAOLEKANGAS �p's NotaryPuhilc-StateofFlorlda Commission I GG 126041 "•.'t0";� My Comm, Expires Ju129,2021 6andedlhmu�NaLbnalNolaryAmL as identification. 22A 1 SUNDAY,MAY20,2018 1 TREASURE COAST NEWSPAPERS Ic PUBLIC RECORDS Auto negligence Kasey Bales at at v. Priscilla Rodriguez at at Jennifer DeLorie v. George R. Young at al Beverly Baker v. Timothy C. Lovette Contract &indebtedness Ronald Ray et at v. Tower Hill Prime Insurance Company Cach LLC v. Berthony Deligent John McCain v. Michael Scott Hayes et al William M. Kalai et at v. Bradford Gregson Gordon Irma S. Wagner v. Southern -Owners Insurance Company Discover Bank v. William A. Wolf, Jr. Evictions 217 Sutton Place Associates LLC v. Adam Costello at at MHC Village Green LLC v. Raphael Eduardo Garin Reza Torkaman v. Tamers James Palm Paradise of Vero Beach LLC v. Randy Rupchic et at Jude Esperance v. Suzanne Jefferson Steve Valley v. Derek Taylor James R. Maxwell v. AI Watson at A Melech Berman v. Gary Sears Jr. et al Indian River County Housing Authority v. Tleah Felix Indian River County Housing Authority v. Kenyetta L. Brun - John David Moore v. Jose Oquende Indian River County Housing Authority v. Candace Follans- bee David A. Jones v. Amanda Jackson James R. me, JI v. Merritt Laquinta KHP Va.Properties LLC v. Samantha Worley Foreclosures Wells Fargo Bank NA v. Nathan W. Peterson at al PNC Bank National Association v. Jaclyn Falcone et at Panda Construction, Inc, v. Coral Heady et at Roundpoint Mortgage Servicing Corporation v. Archie C. Edwards 111 et at Negligence -Nursing Home Madelyn Renis Colley Sears v. Palm Garden of Vera Beach LLC et at Negligence- Other Universal Property and Casualty Insurance Company v. Joseph Sardella et al Other Shakoor A. Amin et al v. STS Construction Co. at at Consolidated Electrical Distributors Inc. v. Croom Con- struction Company Professional Malpractice- Medical Emilio Negron et al v. Asif Massod MD at al Marriage Licenses Indian River County Jessica Merle Shirley and Raymond Joseph Rica, both of Owego. NY Adrienne Renee Reyes and Brian Richard Krause, both of Boynton Beach Katelyn Christine Ryan and Casey James Maxwell, both of Houston, TX Matilde Shaddal Torres Guenere, and Zachary Allen Franks, both of Fort Pierce Lenora Leona Mary Covington of Sebastian and Logan Andrew Coffey of Vero Beach Gloria Nicole Morgan and Beau Knowles, both of Sebastian Wayne Kenneth Raynor and Carol Lee Carney, both of Vero Beach Jakerria Reniesha Shatiara Jenkins and Hillary Rodriguez, Joanne Sardella .5 eEPTIF®FINANWLPIANNFAe•I � $wvfip lkm Berah bii}a4 i - - • eA tlarMoulh caMae • LFP•, CdNnvnarkaw • ChFC, A,nedran C°Aepe ---.. RA"10NDJARiE$• You have goal. 4ri1 Priem Plan g°aN Hwy ra BFl. 32M W. Beed, F42he you 23i_ 231-5800 get t get there. JemneSv61e1rryrror,djamxwm heae,c��ldaery SeNxa died hopM1 Pa/rtN Jaw Tam' Aedo-a 4Y�, F ks ¢.e I Trina M. Laughlin, LCSW #!'q Aduft Mental Health Counseling Spedali2ing in t 541 Aj.A&U1Tw1-Mn91ra/Tannr $ISS foph,rc Aide lutTawlTnA lldel e sA ddhaeam Gdn4llvand,q, Aapphg OS Ste Freeplay.$Sfmd Q VU hlefnl .FmhslnkakhN, ns ,a N Sakhnl Rlver6vhe.. I Il.k $99 5 E 11NF11 9rw,A huAlSarerolnmmt Aihbat Meleap/dALaaP 5259 p Qu 1NRM nsFraerhY.YahrfadruRMgr. fenNdy-'Ramer. Nhmryl NeaA' � (� Slm9er Nlhge,Ouhe NnNeryieurlTadhq, ` O Kentudy NnnttTnhy lTavm,NaeindlNan t3 Yealt $ldd9pp/dkl 53119 SnpL ` NAUIBraR AAIE�gG NPN9YJ Y 2 n 1N91I aadadam Aranren!w/NemphhAONmy4ardenc nlwnsNmnnoan,rwnrsar.ghm,ornaran. _ c Innvnleh, Favhryln UghC lAN°ANatd 51199 pr/dbl f1799Rnpk. aAlrM Wn both of Vero Beach Tony Rensubm Ross and Chiquits Lashavm Snipes, both of Fort Pierce Tiffany Lynn Hartmnft and David Alan Mohl, Jr. both of Vero Beach Christopher Lee Young of Sebastian and Elizabeth Eve Arbitele, of Vero Beach Victoria Nico and George Holzknecht, both of Sebastian Armando Perez and Graciela Gutierrez -Huesca, both of Ver° Beach Jose Ady Amador Soriano and Johana Makensy Mejla Diaz, both of Vero Reach Occupational Licenses Indian River County Dana Askew -Harris, c/o Avalam My - Ledge Tar, P.O. Box 3089, Greenwood Village. CO, motel/ hotel/apt./rooming house Fastpac LLC, Mangeruca Giuseppe, Ermino Monortti, 755 Eighth Court. Suite 4, Vero Beach, miscellaneous Heads Up Sprinkler, Inc., Earth Hydration LLC, Cameron Sanders, 420 Porta Rosa Circte, St Augustlne, inigation/ sprinkler contractor Jersey Mikes Subs, JM Florida Affiliates, Inc.,1225 U.S. 1, Suite 1, Vero Beach, restaurant Mek Contracting LLC, Michael Emerick Kondzfola, 965 28th Ave., Vero Reach, certified building contractor North Marble LLC, Rigoberto Munzos Diaz, 46513th SL S.W., Vero Beach, cleaning/janitorial service City of Sebastian Lifetime Roofing Exteriors, LLC, Samuel Rocha, 698 Capon Terrace, Sebastian• roofing contractor Building Permits Indian River Shores Hoko Where, LLC, 421 Indian Harbor Road, Vero Beach, $86,000, new construction (pool) Gerald and Mary McGillicuddy, 1443 River Club Drive, Vero Beach, $46,000, new pool John's Island Club, 115 Silver Moss Drive, Vero Beach, $27,D00, new construction John's Island Club, 115 Silver Moss Drive, Vero Beach, $39,000, new construction Mark Peter and Courtney Kagan, 181 Oleander Way, Vero Beach, $121,000, addition James D. Forbes, 11 Sago Palm Road, Vero Beach, $216,000, alteration Riordan and ElIzabeth Smith, 411 Indian Harbor Road, Vero Beach, $123,000, new construction (poop Gerald and Mary McGillicuddy, 1443 River Club Drive, Vero Beach, $848,000, new construction Jean M. Shropshire, 900 Beach Road, Unit #286, Vero Beach, $28,000, alteration Harold Kenneth Wood, 1460 River Club Drive, Vero Beach. $35,000, new pool Lela Shannon Low and Peter Michael Stuart Low, 2110 Island Creek Drive, Vero Beach, $185,000, alteration Charles R. Thaler, 510 Marbnaa Drive, Vero Beach, $38,000, repair/replace Helen E Stone. 151 Stingaree Point, Vero Beach, $459,000, repair/replace roof Fountains Property Ovmem Association, 5790 North State Road AIA, Vero Beach, repair/replace City of Sebastian Michael and Linda Caims, 147 Empire Terrace, Sebastian, $28.600, repair/replace roofing Sebastian Inlet Marina It Trading Co.,1580 U.S. 1, Sebas- tian, $27,000, addition/alteration Clayton Alden White, Jr., 145 Filbert St, Sebastian, $277,054, new residential Kurt F. & Maria T. Loud, 1237 Bevan Drive, Sebastian, $284,280, new residential Darrel R. Singo, 618 Jenkins St, Sebastian, $38,851, addi- tion/alteration Robert T. Craig, 999 Sebastian Blvd., Sebastian, $28,949, �� l=lfitl'ers FRENCH OPEN SALE ✓i 1'1 [/ 20% OFF j :p.x+ REGULAR PRICED APPAREL' "Ends 6/9/18. 'excludes sale items, socks, hats & bloomers. addition/alteration Kevin Joseph and Tracey L. McCarthy, 605 Yearling Trail, Sebastian. $356,100, new residential Lifestyle Homes, 800 Yearling Trail, Sebastian, S 48,000, swimming pools/spas Leo and Deborah Bond, 931 Yearling Trail, Sebastian, $256,905, new residential construction Albert M. and Nancy E Griffiths, 102 Columbia Avenue, Sebastian, $30,000, swimming pools/spas Robert P. and Linda H. Masterson, 106 Blue Heron Way, Sebastian, $30,000, swimming pools/spas Park Place at Sebastian Inc., 1058 W. Lakeview Drive, Se- bastian, 525,000, addition/alteration Park Place at Sebastian Inc.,1076 W. Lakeview Drive, Se- bastian, $25,000, addition/alteration Park Place at Sebastian Inc., 1064 W. Lakeview Drive, Se- bastian, $25,000, xciditi-A t—tion Park Place at Sebastian Inc., 1104 W. Lakeview Drive, Se- bastian, 525,000, addition/alteration Indian River County Dimon Hospitality LLC, 9065 Americana Way, Vero Beach, $7,995,591, building commercial Vero Autohaus LLC, 94612th SL, Vero Beach, $264,000, building commercial Vero Autohaus LLC, 95612th St., Vero Beach, $364,500, building commercial Vero Autohaus LLL, 95812th St, Vero Beach, $364,500, building commercial Vero Autohaus LLC, 95212th St., Vero Beach, $304,000, building commercial Vero Autohaus LLC, 95412th St, Vero Reach, 5402,000, building commercial Vero Autohaus LLC, 94812th SL, Vero Beach, $320,800, building commercial Star Suites by Riverside Theatre LLC, 3550 Flight Safety Drive, Vero Beach, building commercial Sebastian Hospital, Inc., 13695 US. 1, Sebastian, $35,00ON, commercial addition Diventures U.C. 5800 Seth Ave, Vero Beach, $200,000, commercial addition Rax Properties ,1500 US 1, Vero Beach, $35,000, commw- cial addition Health Systems of Indian River, Inc., 372511th Circle, Vero Beach, 5700,000, commercial addition Showcase Designer Homes LLC, 5600 First St. SW, Vero Beach, $93,371, commercial addition Spyglass Harbour Yachting Facility, 2130 Spyglass Lane, Vero Beach, $28,000, commercial addition Casa Vero Holdings LLC, 71015th Place, Vero Beach, $28,000, commercial addition Sebastian Hospital, Inc, 13695 US. 1, Sebastian, $6,500,000, commercial alteration William H. Hwol,k & Sons, Inc., 850 33rd Court SW, Vero Beach, $50,000, commercial alteration Adult Community Total Services, Inc., 2350 Indian Creek Blvd., Unit WD 303, Vero Beach, $41,194, commercial after- atian Adult Community Total Services, Inc., 2300 Indian Creek Blvd., Unit WC 307, Vero Beach, $59,709, commercial alter- ation Pontresina, Inc. c/o CVS Pharmacy Inc., 1706 US 1, Vero Beach, $65,000, commerclA alteration Vero Beach 2011 LLC, 5825 20th St., Vero Beach, $110,000, commercial alteration TSO Vero Beach I.P. 1824 94th Drive, Unit 8100, Vero Beach, $300,000, commercial alteration BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENTS FINAL PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will consider adoption of me andmentsto the text of the comprehensive plan. A public hearing, atwhich parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, June 5, 2018, at 9:00 a.m. in the County Commission Chambers of County Administration Building A, located at 1801 271h Street, Vera Beach, Florida. The proposed amendments are included in proposed ordinances entitled: 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE SANITARY SEWER SUB -ELEMENT FOR SEPTIC TO SEWER CONVERSION AND THE ASSOCIATED TEXT OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE COASTAL MANAGEMENT ELEMENT FOR SEA LEVEL RISE AND ASSOCIATED TEXT OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. (Legislative) The plan amendment application may be inspected by the public at the Community Development Department in County Administration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m, on weekdays. For more information, contact the Long Range Planning Section at (772) 226-1243. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the county's Americans with Disabilities Act Coordinator at (/72) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By: -s- Peter D. O'Bryan, Chairman Dylan Reingold, County Attorney William K. DeBraal,Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney l0e.3 Office of Notice of Public Hearings 0611212018 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P. E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney "., W DATE: May 30, 2018 SUBJECT: Public Notice — Amendment to Indian River Code Creating Chapter 318 Stormwater Discharge Please be advised that the following public hearing has been scheduled for the June 19, 2018, 9:00 am meeting of the Board of County Commissioners: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING INDIAN RIVER COUNTY CODE CHAPTER 318, ADOPTING REGULATIONS FOR STORMWATER DISCHARGE INTO PUBLIC STORM DRAINAGE SYSTEMS, PROVIDING .FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Please contact me with any questions. 235 l l� ER c Office of the INDIAN RIVER COUNTY * ADMINISTRATOR �OR19� Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: May 31, 2018 SUBJECT: City of Sebastian Fire Marshal BACKGROUND Pursuant to section 208.09 of the Indian River County Ordinance Code (the "Code"), the Indian River County Fire Marshal's Office is operated under the supervision of the Fire Chief of the Indian River County Fire Division, under the direction of the Director of the Indian River County Department of Emergency Services. Additionally, the Fire Chief is responsible for designating a Fire Marshal who is responsible for the administration and enforcement of applicable provisions of the Code, the State Fire Prevention and Control Chapter (Chapter 633, Florida Statutes) and Chapter 69A-60, Florida Administrative Code. The Fire Marshal, or his or her designee, is responsible for issuing permits, certificates, notices, approvals and or orders pertaining to life safety, fire control and fire hazards. Additionally, under section 208.11 of the Code, unless otherwise provided by law, annual fire safety inspections are required to be conducted by qualified inspectors of all buildings specified in the Florida Fire Prevention Code under the Emergency Services District jurisdiction. On March 6, 2018, the County Attorney's Office presented an agenda item to the Indian River County Board of County Commissioners (the "Board") concerning an ordinance being considered by the City of Sebastian, (the "City") City Council (the "Council") that would establish an independent City Fire Marshal's Office that would have the same responsibilities as that of the Indian River County Fire Marshal's Office. The Board voted to oppose the ordinance. On March 14, 2018, after taking comments from the public, including testimony from the County Administrator, the Council voted to approve the ordinance. 236 On April 3,. 2018, the County Attorney's Office presented an agenda item to the Board asking for guidance on how to proceed, and provided the steps needed in order to see if the Indian River County Emergency Services District and the City would be able to resolve the differences between the two entities before any litigation is filed. Per the Board direction, Chairman O'Bryan drafted a letter to Mayor Hill asking whether the City of Sebastian wishes to either remain as part of the District, or if not, the County will assume the City of Sebastian intends on leaving the District and providing all of the emergency services within the City of Sebastian. Attached is the letter sent to the City. The County Attorney has received a letter of response from the City which indicates they will proceed with their plans to establish an independent Fire Marshal for the City. Attached is the letter received from the City. In order to move toward a resolution, staff recommends that the Board vote to initiate the Florida Governmental Conflict Resolution Act (the "Act") in order to see if the Indian River County Emergency Services District and the City would be able to resolve the differences between the two entities before any litigation is filed. In order to initiate the process set forth under the Act, the Board would need to adopt a resolution stating its intention to initiate the conflict resolution procedure. After the conflict resolution procedure has been initiated, a conflict assessment meeting is held. The County Administrator and the City Manager, or his designee, would attend the conflict assessment meeting. During the conflict assessment meeting, the governmental entities discuss the issues pertaining to the conflict and an assessment of the conflict from the perspective of each governmental entity involved. If the issues cannot be resolved during the conflict assessment meeting, the parties would conduct a joint public meeting and then mediation, if necessary. Per the Act, a facilitator may be utilized by the parties during the process. If the Board votes to initiate the process under the Act, staff will bring back a resolution to the Board for consideration. Staff provides the following options to consider as part of the process of resolving this matter through the Florida Governmental Conflict Resolution Act: Option 1— Interlocal Agreement, Draft an interlocal agreement with the City in which the City manages all Fire Marshal Services within the City of Sebastian. Any such agreement would need to indemnify and hold the County harmless for any actions of the City Fire Marshal activities. Option 2 — Separate City of Sebastian from Emergency Services District: Accept the City adoption of Ordinance 0-18-02 as their intent to leave the Emergency Services District effective October 1, 2019 and begin the process for the City to establish a separate Fire Department. Staff has outlined some basic parameters necessary for divestiture from the Indian River County Emergency Services District. While any final agreement would need to be negotiated between the City and the County, the following parameters provide the general framework of the County's proposed terms: Sell Fire Rescue Station #8 on Barber Street to City in an amount which is agreeable to both parties. This is the only Fire Rescue Station that is located 237 within the City Limits of Sebastian. If the City is not interested in acquiring this property, then the County could offer it at sale for surplus. Several Fire Rescue Stations outside the City of Sebastian provide services for calls from within the City. Establish additional support in the form of an automatic aid agreement between the City and the Emergency Services District where Fire Rescue Station resources from various Stations (9,10,11, and 15) would provide backup for the City's station on Barber Street. Table 1 below shows the percentage of calls from the various stations that originated from within the City along with an estimated fee to be paid by the City to the Emergency Service District for automatic aid. Conversely, Station 8 responds to several calls for service outside this City of Sebastian. The cost of these calls as estimated in Table 2 below could be deducted from the fee calculated in Table 1, as calculated in Table 3. Table 1— Calls for Service in Sebastian for Fire Rescue Stations Outside Citv Limits Station Number Location Description Calls for Service % in City of Sebastian Estimated Annual Operating Costs') Estimated Automatic Aid Fee from Ci ( ) Station 9 Roseland 61.51% $1,893,280 $1,164,556 Station 10 Fellsmere 6.19% $1,893,280 $117,194 Station 11 Orchid 11.29% $1,893,280 $213,751 Station 15 North County Pool 13.37% $1,089,012 $145,601 Total 92.36% $1,641,102 (1) Operating costs based upon the estimated total operating costs for a full complement station for Stations 91 10, and 11, and the costs for an ALS Engine only at Station 1 S for fiscal year 2017118 budgeted amounts. (2) The estimated fee is derived by prorating the total operating costs for each station by the percentage of calls within the City. Table 2 — Calls for Service Outside Sebastian for Fire Rescue Station 8 (1) Operating costs based upon the estimated total operating costs for a full complement station for Station 8 for fiscal year 2017118 budgeted amounts. (2) The estimated fee is derived by prorating the total operating costs for each station by the percentage of calls from outside the City. 238 Calls for Service Estimated Station Location % Outside Estimated Annual Automatic Aid Fee Number Description City of Sebastian Operating Costs') to City(2) Barber Street - Station 8 25.84% $1,893,280 $489,224 Sebastian Total 25.84% $489,224 (1) Operating costs based upon the estimated total operating costs for a full complement station for Station 8 for fiscal year 2017118 budgeted amounts. (2) The estimated fee is derived by prorating the total operating costs for each station by the percentage of calls from outside the City. 238 Table 3 — Summary of Estimated Automatic Aid Pavments Item Description Automatic Aid Fees Paid by City to $1,641,102 Emergency Services District Less: Automatic Aid Fees Paid by ($489,224) Emergency Services District to City Net Payment from City of $1,151,878 Sebastian Personnel from Station 8 would be absorbed into Indian River County Fire Rescue Service personnel through attrition. Therefore, there would not be a need to reduce staffing for Indian River County Fire Rescue. Based on this proposal, the City would need to prepare to fully staff their Fire Rescue Station and administrative operations effective October 1, 2019. RECOMMENDATION Staff recommends the Board vote to utilize the dispute resolution process under the Florida Governmental Conflict Resolution Act and direct the County Attorney's Office to draft a resolution to initiate the process. 239 cma SEBAST'" HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Mectina Date: 14 March 2013 Agenda Item Title: Proposed amendments to Chapter 42 Fire Prevention and Protection, City of Sebastian Code of Ordinances. Recommendation: Approve Second lZeading — Ordinance 0-18-02. Background: Florida Statutes rewire construction plan(s) review and inspections, subject to the Florida Fire Prevention Code, to be performed by a Certified Fire Safety Inspector prior to building permit issuance. `File City's current building permit process requires applicants for commercial projects to deliver their proposed construction plans to the City of Sebastian Building Department and also deliver an additional set of plans to the Indian River County Fire Bureau in Vero Beach. Inspections are required to be scheduled with the Building Department and with the Indian River County Fire Bureau. Such a process is tithe consuming, costly, and adverse to the economic development of the City. It is the desire of the Building Department Staff to establish a "One -Stop" procedure where construction plans can be reviewed by the City for compliance with the Florida Building Code as well as the Florida Fire Prevention and Life Safety Codes in a timely manner and subsequent inspections can be scheduled at one location. Ordinance 0-18-02 would establish a Fire .Marshal's office within the City's Building Department. That oice would be capable of performing Fire and Lille Safety plans review and inspections. Qn 23 January 2013, the Sebastian Construction Board reviewed the proposed ordinance:and gave their unanimous approval. 0-18-02 is attached, including a final copy of Chapter 42, in its entirety, showing markups. Administrative Services Department Review: A l�.-- Attachments: 1. Ordinance 0-18-02 ' City Manager Authorization:. Date: 5 March 2018 2. Code of Ordinances, Chapter 42 Final Showing Markups. 113 of 2840 ORDINANCE NO. 0-18-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING, REVISING AND UPDATING CHAPTER 42 OF THE CODE. OF ORDINANCES RELATING TO FIRE PREVENTION AND PROTECTION; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. WHEREAS, applicants for new construction within the City are currently required to deliver their proposed construction plans to the City of Sebastian Building Department and to the Indian River County Fire Marshal's office in Vero Beach, Florida; and WHEREAS, such a divided construction plan review process is time consuming, costly and adverse to the economic development of the City; and WHEREAS, the City wants to establish a "One -Stop" procedure where construction plans can be reviewed by the City for compliance with the Florida Building Code as well as the Florida Fire Prevention Code and Life Safety Code in a timely manner; and WHEREAS, historically municipalities. have provided fire protection and rendered fire prevention services as a long recognized public purpose; and WHEREAS, Chapter 42 of the Code of Ordinances of the City of Sebastian, Florida authorizes the City Council to provide for the appointment of a fire chief and such other officers as it may deem necessary; and WHEREAS, pursuant to Chapter 633 Florida Statutes, personnel designated by a local government having no organized fire department such, as the City of Sebastian, are authorized to enforce Chapter 633 Florida Statutes and all rules prescribed by the State Fire Marshal within their respective jurisdictions.; and WHEREAS, the City of Sebastian desires to conduct its own fire safety construction plan reviews and inspections; and WHEREAS, the City Council desires to create a Fire Marshal's Office which shall be responsible for the enforcement of the City's fire prevention and 114 of 28341 protection regulations and the laws and rules of the State Fire Marshal as provided in this Ordinance; and WHEREAS, the creation of a Fire Marshal's Office to review construction plans for compliance with the Florida Fire Prevention Code and Life Safety Code is in the best interest of the health, safety and welfare of the residents; and WHEREAS, the Sebastian Construction Board has reviewed the proposed amendments and modifications at its January 23, 2018 meeting, and recommend adoption of the same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I. IN GENERAL Sec. 42-1. Authority of city council to enter into contracts for fire protection. The City Council is hereby authorized to enter into contracts with other governmental bodies or approved agencies for the purpose of securing, offering or providing mutual fire protection services. Sec. 42-2. False alarms of fire It shall be unlawful for any person without reasonable cause, by outcry or the ringing of bells., or otherwise, makes or circulates, or causes to be made or circulated, a. false alarm of fire, with intention to deceive and shall be punishable as .set forth in FS 805.101. Secs. 42-3 — 42-25. Reserved ARTICLE II. FIRE DEPARTMENT Sec. 42-26. Authority of city council to provide for fire department, fire chief, fire marshal, firefighters. The City Council is hereby authorized to provide fora regular or volunteer fire department and the appointment of a fire chief, fire marshal and such other officers as it may deem necessary. 115 of 28342 Sec. 42-27. Fire marshal's office established; responsibility, authority; enforcement of rules and laws of the state fire marshal. (a) The City of Sebastian Fire Marshal's Office ("fire marshal") is hereby established. (b) The fire marshal (or designee) shall be responsible for the enforcement of this ordinance and the laws and rules of the State Fire Marshal, as specified in F.S. §633.118 and other applicable provisions of Chapter 633 F.S., as amended. (c) The fire marshal (or designee) shall be responsible for the issuance of permits, certificates, notices, approvals and/or orders pertaining to life safety, fire .control and fire hazards, as provided for in the Code of Ordinances of the City of Sebastian, Florida, Chapter 633 F.S. and Chapter 69A-60, Florida Administrative Code. The fire marshal for the city shall be designated by the city manager and approved by city council. The fire marshal for the city shall have all the power and authority granted by Part II of Chapter 162, F.S. and Code of Ordinances of the City of Sebastian, Florida. Sec. 42-28. Fire safety inspections, plan review. (a) Unless otherwise provided by lave, annual fire safety inspections shall be conducted by certified fire inspectors of all buildings specified in the Florida Fire Prevention Code within the city limits. A written report of the inspection shall be provided to the owner or person in charge. The city shall conduct a follow up inspection within forty-five (45) days to verify compliance with violations cited in. the annual inspection. If the follow up inspection reveals the building is not in compliance and it becomes necessary for the city to conduct additional inspection(s) to verify compliance, the occupant or owner of the building shall pay the actual costs of each additional re -inspection. The cost of a re -inspection shall be set by resolution. , (b) As specified in the Code of Ordinances of the City of Sebastian, Florida, the Florida Fire Prevention Code or the Florida Building Code, the City shall review all plans and specifications and conduct fire safety inspections for all new occupancies, building renovations or additions, installation of fire protection 116 of 28;43 or detection systems, fire and life safety related installations and site plans. Plan review and inspections shall be performed by a certified fire safety inspector as required by law. The City may charge a reasonable fee to be set by resolution to recover its costs incurred for plan review and inspections, No building or development permit may be issued until the plans for the new occupancies, building renovations or additions, and subdivisions comply with said codes and all fees have been paid. Secs. 42-29 -- 42-45. Reserved ARTICLE III. FIRE PREVENTION CODE Sec. 42-46. Adoption of fire prevention codes (a) The City does hereby adopt as fire prevention codes for the City the below - listed editions, copies of which are on file in the office .of the building department and which shall be accessible to the public upon request during the normal business hours of the building department. Such codes; which shall be referred to as the standard codes, are hereby made a part of the Code of Ordinances of the City subject only to specific additions, deletions or amendments set out in the Code of Ordinances, provided, however, the latest editions set forth in the Florida Statutes, as the same may be amended from time to time for the purpose of prescribing rules and regulations governing conditions that could be hazardous to life and property, shall apply: (1) Florida Fire Prevention Code: (a) National Fire Protection Agency, NFPA 1 Fire Code Florida Edition (b) National Fire Protection Agency; NFPA 101 Life Safety Code Florida Edition Sec. 42-47. Resolution of conflicts between fire prevention codes and other ordinances. (a) In the event of any conflict between the provisions of the codes adopted by this Ordinance and applicable provisions of the Code of Ordinances of the City of 117 of 28344 Sebastian, Florida, state law, or city ordinances, rules or regulations, then in that event the more stringent provisions shall prevail and be controlling. (b) The provisions of this ordinance shall supersede Chapter 208 of the Code of Indian River County but only to the extent as stated herein. Any provision of Chapter 208 of the Code of Indian River County that does not conflict with the provisions of this ordinance shall be controlling in the City. Sec. 42-48. Penalty for violation of fire prevention codes. Any person who shall violate any provision of the codes adopted by this article shall be deemed guilty of a civil infraction, and shall be punished as provided in section 1-10 of this Code. Each day such violation continues shall be deemed a separate offense. The provisions of this ordinance may be enforced by injunctive relief or any other remedies provided by law. Fire safety code violations shall be enforced through the city code enforcement special magistrate. Sec. 42-49. Control of open burning. (a) Open burning restrictions. No person shall cause, suffer, allow or permit open bunting except as provided herein. No person shall fail or refuse to take all reasonable and necessary steps and precautions to prevent open burning upon any premises owned, occupied or under control of such person, No person shall fail or refuse to take all reasonable and necessary steps and precautions to prevent open burning upon any premises owned, occupied or under control of such person. No person shall fail or refuse to take all reasonable and necessary steps and precautions to extinguish or otherwise terminate and abate any open burning which has originated through any cause whatsoever upon any premises owned, occupied or under the control of such person or upon premises upon which such person is carrying out any operation or activity. (b) ('Exceptions.) The following are exceptions and restrictions against open burning: (1) Campfires used solely for recreational purposes, warming fires for outdoor workers, fires for noncommercial cooking, and small fires for ceremonial purposes are allowed anywhere within the city without any permit from any governmental body provided that the fire does not create excessive smoke or cause a nuisance in any manner. Small household trash and household paper product fires are prohibited. 118 of 28345 (2) Open burning of vegetation and wood materials resulting from land clearing. Open burning of wood and vegetation piled up during a land clearing operation may be permitted provided all of the following conditions are complied with: a. The burning shall first be approved by the division of forestry, the fire chief and city council; in order to approve a request to allow open burning under this subsection, the city council must find that it is in the public interest; b. All of the requirements of chapter 17-5 of the Florida Administrative Code must be met; c. An air curtain incinerator permitted by the state and county must be utilized in connection with burning of materials; d. The fire shall be at least 1,500 feet from the nearest occupied building and at least 150 feet from the nearest public road, unless the council finds that a lesser distance is both reasonably necessary and safe; e. The piles of materials to be burned shall burn out completely one hour before sunset; f. Burning shall be conducted only on days of low pollution potential, when the drought index is below 500, and only between the hours of 9:00 a.m. and 4:00 pm. on such days; g, Smoke shall not blow over a road to obstruct vehicular traffic; h. Air traffic shall not be obstructed; i. Prior authorization shall be obtained from the division of forestry, the chief of the fire department and the city building official; j. Only clean fuel. not containing garbage, rubber, plastics or other refuse shall be allowed for the start-up of fires; and k. The burning of tires, other rubber materials, roofing materials, plastics and creosoted wood are prohibited. 1.19 of 28046 (3) Open burning shall be allowed by governmental agencies when necessary to accomplish a police -power purpose, upon notice to the city. (c) Cancellation of fires. Any police officer, fire department officer or code enforcement officer of the city may order the immediate termination of any outdoor fire within the city limits if weather conditions change, whereby a fire may constitute a danger of wildfire, air pollution or other nuisance. Section 2. SEVERABILITY, In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. CONFLICT conflict herewith are hereby repealed. All ordinances or parts of ordinances in Section 4. EFFECTIVE DATE. This Ordinance shall take. effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows.- Mayor ollows: Mayor Jim Hill Vice -mayor Linda Kinchen Councilmember Bob McPartlan Councilmember Ed Dodd Councilmember Albert lovino 120 of 2847 The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2018, City Clerk ATTEST: Jeanette Williams, MMC City Clerk,. CITY OF SEBASTIAN, FLORIDA .Mayor Jim Hill Approved as to form and legality for Reliance by the city of Sebastian only: James Stokes City Attorney 1.21 of 281348 STRIKE THRU f MARK-UPS Chapter 42 - FIRE PREVENTION AND PROTECTION'" ARTICLE I. - IN GENERAL Sec. 42-1. Authority of city council to enter into contracts for fire protection. The city council is hereby authorized to enter into contracts with other governmental bodies or approved agencies for the purpose of securing, offering or providing mutual fire protection services. Sec. 42-2. False alarms of fire It shall be unlawful for any person without reasonable cause, by outcry or the ringing of bells, or otherwise makes or circulates. or causes to be made or circulated a false alarm of fire. with intention to deceive and shall be punishable as set forth in FS 806.101. Segs-42--1--42-2,5—Reserved: Sec. 42-3 = 42-25. Reserved ARTICLE 11. - FIRE DEPARTMENT`5t See -4) o) --Vel tee"r-e-depa cent. Tk► may-wppGFt -an -assist-a-vel leer -fare depaftr era#-Spsh suppa -ars �sistan�--r�a��-�shafl-�aot-fie-fitted-ta- -fi�rr�isk�i�ag-e�sii f+re-�epa�l�ent- aesvuer-lag fig-elms-a�ad-��ls- v-aluPAeer-#firemen-: Sec. 42-26. -Authority of city council to provide for fire department, fire chief: fire marshal, firefighters. The city council is hereby authorized to provide for a regular or volunteer fire department and the a ointment of a fire chief, fire marshal and such other officers as it hiaV deem bec6ssarv. 122 of 28349 STRIKE THRU / MARK-UPS Sec. 42-27. Fire marshal's office established; res onsibili authorit • enforcement of iles and laws of the state fire marshal. (a) The City of Sebastian Fire Marshal's Office ("fire marshal") is hereby established. (b) The fire marshal (or designee) shall be responsible for the enforcement of this. ordinance and the laws and rules of the State Fire Marshal, as specified in F.S. §633.118 and other applicable provisions of Chapter 633 F.S., as amended, (0) The fire marshal (or designee) shall be responsible for the issuance of permits. certificates notices. approvals and/or orders pertaining to life safety, fire control and fire hazards, as provided for in the Code of Ordinances of the City of Sebastian, Florida, Chapter 633 F.S. and Chapter 69A-60. Florida Administrative Code. The fire marshal shall be designated by the city manager and approved by city council. The fire marshal for the city shall have all the power and authority granted by Part II of Chapter 162, F.S. and Code of Ordinances of the City of Sebastian, Florida. Sec. 42-28. Fire safety inspections, plan review. (a) Unless otherwise provided by law, annual fire safety inspections shall be conducted by certified fire inspectors of all buildings specified in the Florida Fire Prevention Code within the city limits. A written report of the inspection shall be provided to the owner or person in charge. The city shall conduct a follow up inspection within forty-five (45) days to verify compliance with violations cited in the annual inspection. If the follow up inspection reveals the building is not in compliance and it becomes necessary for the city to conduct additional inspection(s) to verify compliance, the occupant or owner of the building shall pay the actual costs of each additional re -inspection. The cost of a re -inspection shall be set by resolution. (b) As specified in the Code of Ordinances of the City of Sebastian, Florida, the Florida Fire Prevention Code or the Florida Building Code, the City shall review all plans and specifications and conduct fire safety inspections for all new occupancies, building renovations or additions, installation of fire protection or detection systems, fire and life safety related installations and site plans. Plan review and inspections shall be performed by a certified fire safety inspector as required by law. The City may charge a reasonable fee to be set by resolution to recover its costs incurred for plan review and inspections. No building or development permit may be issued until the plans for the new occupancies building renovations or additions, and subdivisions comply with said codes and all fees have been paid, 123 of 28050 STRIKE TNRU / MARK-UPS Sens.-42-2q--42-45:-Resepie,d-. Secs. 42-29 - 42-45. Reserved ARTICLE lit. - FIRE PREVENTION CODE131 Sec. 42-46. - Adoption of fire prevention codes. reW MW _here-is#ereby-adepted-by-re€erenGe-th"ta+�dard F-ire-Fr�vec +an erode-� 98 e#t+ea as a�tspted-by--t#e-Seeti�e--�u�+r�g-Cede-Coe�ss-I�tereet+eeal= t#e-P1at+eee!-�ire-�etestiee Asset+at+a+ -(. P2A4-Plamphlet4-, I-Aessat+ ,NFPA.) 104_I-ife--Safet-y Cede, 1994editon7-s�ub'est-te-a } aeedeet-eta tlae-Cede o#-�lnarses afld-except-iro€a�aieRs, by t eiwefyy-+�a# eot td -have res appl+sat+ems-ttie eit - F-ett e editions of the-&�rd-Fife e-�batl-be-presented-ts Vitae-s+t�}-seues+l-fsr-sor}sidefiat+fln--ef-�dflp#+ee-at�d incerpafa ' in 88-daye efpu 4Ga#9PAhere9f. (4}-GRe-Gapy-ef ..e sity hatl. 7, editi­rever+tis+ ede gees-Irt effeot74he4Redi4a#de46 wh;Gh Ima)-�e F}{�ta+Red ifi-tl�i£ c rt le 6l ail r$ IFl-iF} of �'C7t-tt#�t l feifised by tyle 61t� &E)tlf�6itr (a) The city does hereby adopt as fire prevention codes for the city the below -listed editions, copies of which are on file in the office of the buildingdepartment and which shall be accessible to the public upon reouest during the normal business hours of the building department. Such codes which shall be referred to as the standard codes are hereby made a part of the Code of Ordinances of the city subject onlyto specific additions. deletions or amendments set out in the Code of Ordinances. provided however; the latest editions set forth in the Florida Statutes, as the same may be amended from time to time for the purpose of prescribing rules and regulations governing conditions that could be hazardous to life and property, shall apples (1) Florida Fire Prevention Code.- (a) ode: (a) National Fire Protection Agency; NFPA 1 Fire Code, Florida Edition (b7 National Fire Protection Agency; NFPA 101 Life Safety Code Florida Edition Sec-42-47-r-f=-ife-Safety C-Gde-a ioptea : T44ere4-hereb depted-t ie-4-884-editieri-ef the -Life SafetyCede-Afl=- A- 9 -as pliabed-by--tie-Nat�fl�al-1=ire-R{-0test¢ee-Assr•�clatlfl+�:-BRe-sept'-+s-en-€Ile-E�-�-t#�e-sity-61e�'s G iee-F--utufe-ed4;Gns of the le Safely-Gede-shall-be-pr-eseRted-to- the-s+ty oUgG4-fer senslderatiG"f-adeptiori-w+thin-88-day 4ubl+satieR4hereGf- 124 of 28851 STRIKE THRU / iv1ARK-UPS Sec. 42-47. Resolution of conflicts between fire prevention codes and other ordinances. (a) In the event of any conflict between the provisions of the codes adopted by this Ordinance and applicable provisions of the Code of Ordinances of the Citv of Sebastian, Florida, state law, or city ordinances, rules or regulations, then in that event the more stringent provisions shall prevail and be controlling, (b) The provisions of this ordinance shall supersede Chapter 208 of the Code of Indian River County but only to the extent as stated herein. Any provision of Chapter 208 of the Code of Indian River County that does not conflict with the provisions of this ordinance shall be controlling in the City. Sec. 42-4$. penalty for violation of fire prevention codes. Any person who shall violate any provision of the codes adopted by this article shall be deemed guilty of a civil infraction, and shall be punished as provided in section 1-10 of this Code,. Each day such violation continues shall be deemed a separate offense. The provisions of this ordinance may be enforced by iniunctive relief or any other remedies provided by law. Fire safety code violations shall be enforced through the city code enforcement special magistrate. Sec. 4248 49. - Control of open burning. (a) Open burning restrictions. No person shall cause, suffer, allow or permit open burning except as provided herein. No person shall fail or refuse to take all reasonable and necessary steps and precautions to prevent open burning upon any premises owned, occupied or under control of such person. No person shall fail or refuse to take all reasonable and necessary steps and precautions to prevent open burning upon any premises owned, occupied or under control of such person. No person shall fail or refuse to take all reasonable and necessary steps and precautions to extinguish or otherwise terminate and abate any open burning which has originated through any cause whatsoever upon any premises owned, occupied or under the control of such person or upon premises upon which such person is carrying out any operation or activity. (b) [Exceptions.] The following are exceptions and restrictions against open burning: (1) Campfires used solely for recreational purposes, warming fires for outdoor workers, fires for noncommercial cooking, and small fires for ceremonial purposes are allowed anywhere within the city without any permit from any governmental body provided that the fire 125 of 28p52 STRIKE THRU / MARK-UPS does not create excessive smoke or cause a nuisance in any manner. Small household trash and household paper product fires are prohibited. (2) Open burning of vegetation and wood materials resulting from land clearing. Open burning of wood and vegetation piled up during a land clearing operation may be permitted provided all of the following conditions are complied with: a. The burning shall first be approved by the division of forestry, the fire chief and city council; in order to approve a request to allow open burning under this subsection, the city council must find that it is in the public interest: b. All of the requirements of chapter 17-5 of the Florida Administrative Code must be met; c. An air curtain incinerator permitted by the state and county must be utilized in connection with burning of materials; d. The fire shall be at least 1,500 feet from the nearest occupied building and at least 150 feet from the nearest public road, unless the council finds that a lesser distance is both reasonably necessary and safe; e. The piles of materials to be burned shall burn out completely one hour before sunset; f. Burning shall be conducted only on days of low pollution potential, when the drought index is below 500, and only between the hours of 9:00 a.m. and 4:00 p.m. on such days; g. Smoke shall not blow over a road to obstruct vehicular traffic; h. Air traffic shall not be obstructed; i. Prior authorization shall be obtained from the division of forestry, the chief of the fire department and the city building official; j. Only clean fuel not containing garbage, rubber, plastics or other refuse shall be allowed for the start-up of fires; and k. The burning of tires, other rubber materials, roofing materials, plastics and creosoted wood are prohibited. (3) Open burning shall be allowed by governmental agencies when necessary to accomplish a police -power purpose, upon notice to the city. (c) Cancellation of fires. Any police officer, fire department officer or code enforcement officer of the city may order the immediate termination of any outdoor fire within the city limits if weather conditions change, whereby a fire may constitute a danger of wildfire, air pollution or other nuisance. 126 of 2153 ORDINANCE NO. 0-18-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING, REVISING AND UPDATING CHAPTER 42 OF THE CODE OF ORDINANCES RELATING TO FIRE PREVENTION AND PROTECTION; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. WHEREAS, applicants for new construction within the City are currently required to deliver their proposed construction plans to the City of Sebastian Building Department and to the Indian River County Fire Marshal's office in Vero Beach, Florida; and WHEREAS,. such a divided construction plan review process is time consuming, costly and adverse to the economic development of the City; and WHEREAS, the City wants to establish a "One -Stop" procedure where construction plans can be reviewed by the City for compliance with the Florida Building Code as well as the Florida Fire Prevention Code and Life Safety Code in a timely manner; and WHEREAS, historically municipalities have provided fire protection and rendered fire prevention services as a long recognized public purpose; and WHEREAS, Chapter 42 of the Code of Ordinances. of the City of Sebastian, Florida authorizes the City Council to provide for the appointment of a fire chief and .such other officers as it may deem necessary; and WHEREAS, pursuant to Chapter 633 Florida Statutes, personnel designated by a local government having no organized fire department such as the City of Sebastian, are authorized to enforce Chapter 633 Florida Statutes and all rules prescribed by the State Fire Marshal within their respective jurisdictions; and WHEREAS, the City of Sebastian desires to conduct its own fire safety construction plan reviews and inspections; and WHEREAS, the City Council desires to create a Fire Marshal's Office which shall be responsible for the enforcement of the City's fire prevention and 254 protection regulations and the laws and rules of the State Fire Marshal as provided in this Ordinance; and WHEREAS, the creation of a Fire Marshal's Office to review construction plans for compliance with the Florida Fire Prevention Code and Life. Safety Code is in the best interest of the health, safety and welfare of the residents; and WHEREAS, the Sebastian Construction Board has reviewed the proposed amendments and modifications at its January 23, 2018 meeting, and recommend adoption of the same; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I. IN GENERAL Sec. 42-1. Authority of city council to enter into contracts for fire protection. The City Council is hereby authorized to enter into contracts with other governmental bodies or approved agencies for the purpose of securing, offering or providing mutual fire protection services. Sec. 42-2. False alarms of fire It shall be unlawful for any person without reasonable cause, by outcry or the ringing of bells, or otherwise, makes or circulates, or causes to be made or circulated, a false alarm of fire, with intention to deceive and shall be punishable as set forth in FS 806.101. Secs. 42-3 — 42-25. Reserved ARTICLE II. FIRE DEPARTMENT Sec. 42-26. Authority of city council to provide for fire department, fire chief, fire marshal, firefighters. The City Council is. hereby authorized to provide for a regular or volunteer fire department and the appointment of a fire chief, fire marshal and such other officers as it may deem :necessary. 255 Sec. 42-27. Fire marshal's office established; responsibility,, authority; enforcement of rules and laws of the state fire marshal. (a) The City of Sebastian Fire Marshal's Office ("fire marshal") is hereby established. (b) The fire marshal (or designee) shall be responsible for the enforcement of this ordinance and the laws and rules of the State Fire Marshal, as specified in F.S. §633.118 and other applicable provisions of Chapter 633 F.S., as amended. (c) The fire marshal (or designee) shall be responsible for the issuance of permits, certificates, notices, approvals and/or orders pertaining to life safety, fire control and fire hazards, as provided for in the Code of Ordinances of the City of Sebastian, Florida, Chapter 633 F.S. and Chapter 69A-60, Florida Administrative Code. The fire marshal for the city shall be designated by the city manager and approved by city council. The fire marshal for the city shall have all the power and authority granted by Part II of Chapter 162, F.S. and Code of Ordinances of the City of Sebastian, Florida. Sec. 42-28. Fire safety inspections, plan review. (a) Unless otherwise provided by law, annual fire safety inspections shall be conducted by certified fire inspectors of all buildings .specified in the Florida Fire Prevention Code within the city limits. A written report of the inspection shall be provided to the owner or person in charge. The city shall conduct a follow up inspection within forty-five (45) days to verify compliance with violations cited in the annual inspection. If the follow up inspection reveals the building is not in compliance and it becomes necessary for the city to conduct additional inspection(s) to verify compliance, the occupant or owner of the building shall pay the actual costs of each additional re -inspection. The cost of a re -inspection shall be set by resolution. (b) As specified in the Code of Ordinances of the City of Sebastian, Florida, the Florida Fire Prevention Code or the Florida Building Code, the City shall review all plans and specifications and conduct fire safety inspections for all new occupancies, building renovations or additions, installation of fire protection 256 or detection systems, fire and life safety related installations and site plans. Plan review and inspections shall be performed by a certified fire safety inspector as required by law. The City may charge a reasonable fee to be set by resolution to recover its costs incurred for plan review and inspections. No building or development permit may be issued until the plans for the new occupancies, building renovations or additions, and subdivisions comply with said codes and all fees have been paid. Secs. 42-29 - 42-45. Reserved ARTICLE 111. FIRE PREVENTION CODE Sec. 42-46. Adoption of fire prevention codes (a) The City does hereby adopt as fire prevention codes for the City the below - listed editions, copies of which are on file in the office of the building department and which shall be accessible to the public upon request during the normal business hours of the building department. Such codes, which shall be referred to as the standard codes, are hereby made a part of the Code of Ordinances of the City subject only to specific additions, deletions or amendments set out in the Code of Ordinances, provided, however, the latest editions set forth in the Florida Statutes, as the same may be amended from time to time for the purpose of prescribing rules and regulations governing conditions that could be hazardous to life and property, shall apply: (1) Florida Fire Prevention Code: (a) National Fire Protection Agency; NFPA 1 Fire Code, Florida Edition. (b) _National Fire Protection Agency; NFPA 101 Life Safety Code, Florida Edition Sec. 42-47. Resolution of conflicts between fire prevention codes and other ordinances. (a) In the event of any conflict between the provisions of the codes adopted by this Ordinance and applicable provisions of the Code of Ordinances of the City of 257 Sebastian, Florida, state law, or city ordinances, rules or regulations, then in that event the more stringent provisions shall prevail and be controlling. (b) The provisions of this ordinance shall supersede Chapter 208 of the Code of Indian River County but only to the extent as stated herein. Any provision of Chapter 208 of the Code of Indian River County that does not conflict with the provisions of this ordinance shall be controlling in the City. Sec. 42-48. Penalty for violation of fire. prevention codes. Any person who shall violate any provision of the codes adopted by this article shall be deemed guilty :of a civil infraction, and shall be punished as provided in section 1-10 of this Code. Each day such violation continues shall be deemed a separate offense. The provisions of this ordinance may be enforced by injunctive relief or any other remedies provided by law. Fire safety code violations shall be enforced through the city code enforcement special magistrate. Sec. 42-49. Control of open burning. (a) Open burning restrictions. No person shall cause, suffer, allow or permit open burning except as provided herein. No person shall fail or refuse to take all reasonable and necessary steps and precautions to prevent open burning upon any premises owned, occupied or under control of such person. No person shall fail or refuse to take all reasonable and necessary steps and precautions to prevent open burning upon any premises owned, occupied or under control of such person. No person shall fail or refuse to take all reasonable and necessary steps and precautions to extinguish or otherwise terminate and abate any open burning which has originated through any cause whatsoever upon any premises owned, occupied or under the control of such person or upon premises upon which such person is carrying out any operation or activity: (b) [Exceptions.] The following are exceptions and restrictions against open burning: (1) Campfires used solely for recreational purposes, warming fires for outdoor workers, fires for noncommercial cooking, and small fires for ceremonial purposes are allowed anywhere within the city without any permit from any governmental body provided that the fire does not create excessive smoke or cause a nuisance in any manner. Small household trash and household paper product fires are prohibited. MM (2) Open burning of vegetation and wood materials resulting from land clearing. Open burning of wood and vegetation piled up during a land clearing operation may be permitted provided all of the following conditions are complied with: a. The burning shall first be approved by the division of forestry, the fire chief and city council; in order to approve a request to allow open burning under this subsection, the city council must find that it is in the public interest; b. All of the requirements of chapter 17-5 of the Florida Administrative Code must be met; c. An air curtain incinerator permitted by the state and county must be utilized in connection with burning of materials; d. The fire shall be at least 1,500 feet from the nearest occupied building and at least 150 feet from the nearest public road, unless the council finds that a lesser distance is both reasonably necessary and safe; e. The piles of materials to be burned shall burn out completely one hour before sunset; f. Burning shall be conducted only on days of low pollution potential, when the drought index, is below 500, and only between the hours of. 9:00 a.m. and 4:00 p.m. on such days; g. Smoke shall not blow over a road to obstruct vehicular traffic; h. Air traffic shall not be obstructed; i. Prior authorization shall be obtained from the division of forestry, the chief of the fire department and the city building official; j. Only clean fuel not containing garbage, rubber, plastics or other refuse shall be allowed for the start-up of fires; and k. The burning of tires, other rubber materials, roofing materials, plastics and creosoted wood are prohibited. 259 (3) Open burning shall be allowed by governmental agencies when necessary to accomplish a police -power purpose, upon notice to the city. (c) Cancellation of firers. Any police officer; fire department officer or code enforcement officer of the city may order the immediate termination of any outdoor fire within the city limits if weather conditions change, whereby a fire may constitute a danger of wildfire, air pollution or other nuisance. Section 2. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3.. CONFLICT. conflict herewith are hereby repealed. All ordinances or parts of ordinances in Section 4. EFFECTIVE DATE, This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember McPartlan The motion was seconded by Councilmember Dodd and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -mayor Linda Kinchen Councilmember Bob McPartlan Councilmember Ed Dodd Councilmember Albert lovino aye aye aye aye aye 260 The Mayor thereupon declared this Ordinance duly passed and adopted. this 14th day of March '2018. City Clerk ATTEST: J,�I ette Williams, MMC qty Clerk'�'­=* CITY OF SEBASTIAN, FLORIDA Approved as to form and legality for Reliance by the city of Sebastian only: Janis §tokes City Attorney 261 Peter D. O'Bryan District 4 Chairman Bob Solari District 5 Vice-Chair►nan Mayor Jim Hill 1225 Main Street Sebastian, FL 32958 BOARD OF COUNTY COMMISSIONERS V E tl ORYD April 9, 2018 RE: City of Sebastian Fire Marshal's Office Dear Mayor Hill, Susan Adams Distr:ct.1. Thn Zorc District 3 Joseph E. Flescher District 2 It is my understanding that on March 14, 2018, the City Council of the City of Sebastian enacted an ordinance creating a city fire marshal's office. As you are aware, the Indian River County Board of County Commissioners as the governing body of the Indian River County Emergency Services District (the "District") did not support this ordinance. It is my goal, and the goal of the District, to amicably resolve issues between the District and the City of Sebastian concerning fire safety plan review, ongoing construction inspections as well as follow up inspections that may be required to insure compliance of the code. We have recently hired a new fire marshal, Dave Johnson. We are also transitioning to a new District Director, Tad Stone. And the Development Review and Permit Process Advisory Committee has been examining ways the County can improve the overall plans review process, which could benefit the City of Sebastian. It is important that the District and the City of Sebastian work together to create solutions that benefit the community. Therefore, I am writing to ask whether the City of Sebastian wishes to either remain as part of the District or if not, the County will assume the City of Sebastian intends on leaving the District and providing all of the emergency services within the City of Sebastian. I welcome an opportunity to meet with you to discuss the issues. Sincerely, i P4,�<f Peter D. O'Bryan Chairman, Indian River County Board of County Commissioners 1801 27h. Street, Building A Vero Beach, FL 32960 (772) 226-1490 262 MOF HOME OF PELICAN ISLAND 10 May 2018 Delivered by email only: dreigold@iEgov.com Mr. Dylan Reingold County Attorney Indian River County 180127th Street Vero Beach, Florida 32960-3388 Re: Sebastian s Fire Marshal program Dear Mr. Reingold: James D. Stokes City Attorney 1225 Main Street I Sebastian, Florida 32958 Tel. (772) 388-82011 email: jstokes@cityofsebastian.org Please accept this correspondence in response to the letter of Chairman Peter O'Bryan, dated April 9, 2018, sent on behalf of the County Commission, as well as the Commission discussion which took place on both March 6, 2018 and April 3, 2018, during your public meeting. The County Commission presumably, but not expressly, acting in its dual role as the Board of Commissioners of the Emergency Services District, has expressed disapproval of the City of Sebastian s decision to create its own Fire Marshal pursuant to its home rule power. While acknowledging that the District has been plagued with operational problems for years which have negatively impacted the property owners, residents and business owners of the City of Sebastian, the Board nevertheless chose to give the City of Sebastian the ultimatum: accept the fire inspection services of the District, regardless of its insufficiency, or surrender the fire protection services and the emergency medical services of the District in its entirety. The ultimatum expressed by several of your Commissioners is both factually insupportable and legally deficient; therefore, the City of Sebastian will continue with its own Fire Marshal's Office, while remaining with the Fire District for all other fire and rescue services, which the District is legally obligated to provide. The property owners, business operators, residents, visitors, and all other individuals in the City of Sebastian are legally entitled to emergency services from the �41,OR1�� � n _ a • Labor & Employment Law o9R0 CER'�• City, County & Local Government Law 263 Mr. Dylan Reingold, County Attorney Re: Sebastian's Fire Marshal Program 10 May 2018 Page 2 of 5. Indian River County Fire District. Specifically, the property owners are paying a tax levy for this service and to deny or withhold that service will place the County as directly liable for any harm which may result. The City will not only assist, it will most likely join any harmed individual in seeking every available judicial remedy for the County's nonfeasance. Many of your Commissioners have made it clear that they see this matter as a money issue. There were repeated statements made during the meetings on March 6, 2018 and April 3, 2018, that the Commissioners were upset that the City was taking away revenue from the County while leaving it withonly the work. There was little concern shown for public safety and no consideration shown for poor customer service, deficiencies which the property owners and contractors of Sebastian have been suffering through for many years. This is further evidenced by the repeated statements that if the City wants the revenue generating part of the job, it can take all of the work too. As you are well aware, the property owners in Sebastian will continue to pay the Fire District tax levy and theonly revenue reduction faced by the County will be loss of the permit fee - which will come with a corresponding reduction in the permitting workload. Accordingly, the City's Fire Marshal program will actually be saving the County money (unless, of course, the County has had permitting fees set too high, resulting in permits being a profit center for the Fire District). If the County sees the City's Fire Marshal as negatively impacting a profit center, please let me know because that position will result in another issue that the citizens will undoubtedly want to address. Additionally, many of your Commissioners repeatedly said that the City wants to conduct the fire review of building plans, but leave the re -inspection and special events. for the County to perform (once again, referencing that they are not "being paid" to do this important public safety work). The understanding of these Commissioners is wrong. The City's Fire Marshal has every intention to perform the annual re - inspections as needed or required. The City also intended to conduct the special event permitting; however, the County Administrator and the Fire Chief expressly asked the City to leave special events with the County - and the City agreed. You know this, as you were present at this meeting. The City's Ordinance was amended before final reading at the specific request of the County, leaving special events with the Fire District. Other misinformation upon which your Commissioners based their decision was the testimony by the District's Fire Chief at the April 3, 2018, meeting, where the Chief said the. City had "already asked for help" which he said he denied. Such is a blatant 264 Mr. Dylan Reingold, County Attorney Re: Sebastian's Fire Marshal Program 10 May 2018 Page 3 of 5 falsehood. Since adopting the Fire Marshal Ordinance, the City has not, in any way, shape or form, sought assistance from the Fire District in any manner whatsoever. The City contracted with a vendor - the same vendor used by the City of Fellsmere - to use as a back-up, and the Fire District has not and will not be asked for any assistance. You rely upon Section 633.118, Florida Statutes, to advise the Commission regarding its rights relative to the City of Sebastian s establishment of a Fire Marshal's Office. Specifically, you state that, because the City of Sebastian is protected by the Fire District, it does not have the authority, expressed in this Statute, to create a Fire Marshal. This Statute states: The chiefs of county, municipal, and special -district fire service providers; other fire service provider personnel designated by their respective chiefs; and personnel designated by local governments having no organized fire service providers are authorized to enforce this chapter and all rules prescribed by the State Fire Marshal within their respective jurisdictions. Such personnel acting under the authority of this section shall be agents of their respective jurisdictions, not agents of the State Fire Marshal. Section 633.118, Florida Statute (underscore added). The part of this Statute that is relevant in this dispute is the third of the three provisions, which states: "...personnel designated by local governments having no organized fire service providers..." as this is what the City of Sebastian has done. It is your position that Sebastian does not qualify under this provision because the Fire District is its organized fire service provider. However, to render this interpretation, you need to render this sentence superfluous and of no effect whatsoever. A long-standing and basic rule of statutory construction is that when interpreting a statute, the interpretation cannot render part of the statute ineffective. The Florida Supreme Court stated: As a fundamental rule of statutory interpretation, courts should avoid readings that would render part of a statute meaningless. Furthermore, whenever possible courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another. This follows the general rule that the legislature does not intend to enact purposeless and therefore useless legislation. 265 Mr. Dylan Reingold, County Attorney Re: Sebastian's Fire Marshal Program 10 May 2018 Page 4 of 5 Unruh v. State, 669 So.2d 242, 245 (Fla. 1996)(emphasis added); see also, American. Home Assur. Co. v. Plaza Materials Corp., 908 So.2d 360, 367-68 (Fla. 2005). To accept your interpretation, the third provision of the Statute would only apply to a community with absolutely no fire.protection service of aLiy V e - not its own fire department, not a regional fire district, not covered by the Florida Forest Service, not a contracted private fire protection provider, and not a participant in an Interlocal agreement with a neighboring community. The local government relying upon the third prong of this statute (under your interpretation) needs to be completelX and unequivocally unprotected by any form of fire protection whatsoever in order to appoint its own Fire Marshal. Because no such community exists, your interpretation renders an entire provision contained in Section 633.118, Florida Statute, as meaningless and superfluous because the first two provisions - "[1] chiefs of county, municipal, and special -district fire service providers; [2] other fire service provider personnel designated by their respective chiefs" would always usurp and invalidate the third provision. Yours is an unsustainable position. Additionally, your Commissioners are attempting to deny a right to the City of Sebastian that they have already conceded to the City of Fellsmere. Recent statements made by your Commissioners indicate that the difference is that, (1) the City of Sebastian is a larger City; and (2) the City of Sebastian plans to use a City employee for fire inspections rather than outsourcing the function as Fellsmere has done. This further undermines your reliance on Section 633.118, Florida Statutes, as your interpretation does not provide for such exceptions. A local Fire Marshal is either allowed or its not - the County cannot discriminate against Sebastian because of its size or because of its personnel choices. As you are well aware, the County's Ordinance and resulting Referendum which established the Fire Services District did not include an express preemption of Sebastian s home rule authority on any issue. In addition, no preemption can be implied by any of the language in the Ordinance.? With no preemption in place, the City is not prohibited from duplicating or superseding any service included in the County's Fire Service Ordinance. L "Implied preemption should be found to exist only in cases where the. legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and where strong public policy reasons exist for finding such an area to be preempted by the Legislature." Tallahassee Memorial Regional Medical Center, Inc. v. Tallahassee Medical Center, Inc., 681 So.2d 826 (Fla. 1 st DCA 1996); citing Tribune Co. v. Cannella, 458 So.2d 1075 (F1a.1984); and Hillsborough County v. Florida Restaurant Ass'n, Inc., 603 So.2d 587 (Fla. 2d DCA 1992). 266 Mr. Dylan Reingold, County Attorney Re: Sebastian's Fire Marshal Program 10 May 2018 Page 5 of 5 Along with all the other statements made by your Commissioners, the specific statements made by Chairman O'Bryan on April 3, 2018, that "a lot of the local builders would like to have the City run the Fire Marshal so that so that they can put more political influence to interpret the code differently..." and that he's opposed to the City's Fire Marshal program because "the County follows the code" (implying that the City will not enforce the Code) are both offensive and defamatory. If any further defamatory statements are made about City staff or our elected officials, I will recommend appropriate steps to stop this defamation judicially. I can assure you, the electors of the City of Sebastian expect more professionalism and decorum from their County Commissioners than has been shown to date. Although your Commissioners like ultimatums, the City will not return -in-kind. However, should the County pursue its threat to withdraw the Fire District from the City of Sebastian, it will be required to immediately cease the tax levy of Sebastian property owners; reinstate the North County Fire District which was previously abolished and return it to status -quo; and reimburse the North County Fire District for tax money unlawfully received. In addition, the Fire District will have to reduce its overall millage authority which was based upon the merger of all three previous Fire Districts. I would hope that you revisit this issue with your Commissioners and impress upon them that, notwithstanding the statutory authority for a local Fire Marshal, having allowed the City of Fellsmere to proceed with its Fire Marshall program, there is no viable means to stop the City of Sebastian s Fire Marshal program and continuing to object is a wasted effort. Thank you for your attention to this important public safety and customer service matter. Very Truly Yours, r - James D. Stokes, B.C.S. City Attorney Board Certified Specialist: • Labor & Employment Law • City, County & Local Government Law cc: Mayor & Council Members City Manager 267 Rhonda Zirkle From: Terri Collins -Lister Sent: Tuesday, June 12, 2018 3:17 PM To: Rhonda Zirkle Subject: FW: Fire Marshal Terri Collins -Lister Supervisor to the Cleric to the Board and the Value Adjustment Board 1801 27t" Street, Building A Vero Beach, FL.32960 Indian. River County 772-226-1.432 Office 772-978-1.857 Fax From: Dylan Reingold [mailto:dreingold@ircgov.com] Sent: Tuesday, June 12, 2018 3:06 PM To: Bob Solari <bsolari@ircgov.com>; Joseph E. Flescher <jflescher@ircgov.com>; Tim Zorc <tzorc@ircgov.com>; Susan Adams <sadams@ircgov.com> Cc: Peter D. O'Bryan <pobryan@ircgov.com>; Terri Collins -Lister <tlister@clerk.indian-river.org>; Jason Brown <jbrown@ircgov.com>; Tad Stone <tstone@ircgov.com> Subject: FW: Fire Marshal Per the request of the chair at today's Board meeting, please find attached the email from John Duran pertaining to the Fire Marshal issue. From: John Duran <inspector05@att.net> Sent: Thursday, April 05, 2018 8:24 PM To: obryan@ircgov.com Cc: Dylan Reingold <dreingold@ircgov.com> Subject: Fire Marshal Commissioner O'Bryan, First I want to congratulate you on being chosen as the Chairman. I am compelled in writing you this email, after being asked to watch the CC meeting that transpired Tuesday April 3rd. A questioned was apposed of what issues Fellsmere had post approval of their Fire Marshal. Please allow me to digress Mr. Chairman. Fellsmere's 3rd party fire marshal/building official was only available one day a week, typically it was on Wednesday's. This was in mid to late 2007. Their issues with indian river fire prevention stems from the renovation of the old Fellsmere school, which now serves as as a multi -business use. Their 3rd party FM/Building Official was inspecting and approving non compliant work. I will not bore with the all the non-compliance issues that this building had. However, please indulge me with one example. The Fellsmere inspector approved the ventilation (duct) for the hood system which is down stair in what they call the basement. The duct had to be run up to the roof as per approved plans. The issue with this is that it has to be rerouted around the trusses through each floor all the way up the roof. This created a 90 degree bend in the duct on every floor. NFPA 96 states that a clean out door is required to be installed at every bend for cleaning of accumulation of grease. (This was not done). Commissioner O'Bryan this is a serious life safety issue. I was called for for a final inspection on the suppression system, without inspecting the duct or conducting a smoke test on the duct work, which is a required fire prevention inspection. The Fellsmere Marshal/B.O. assured me that the light test and the duct installation was inspected and passed with no problems. I asked him how he was able to conduct a light test on the duct work that has several bends all the way to the roof. I also asked if he climbed through each attic on every floor. That is when he stated to us that he never conducted the light test. I advised all parties involved that we needed to conduct a smoke test, since a light test is unrealistic for this install. It bears to mention that on the day of the initial smoke test, I invited the Fellsmere inspector to climb the ladder so we can conduct a joint inspection. After only climbing on the top rung of the ladder, not making it to the first floor attic his nose started bleeding on his white shirt. He advised me that he was not good with heights. Lieutenant Marini and I continued with the inspection. The smoke test failed several times before passing. We had numerous issues going forward after that with the firewalls, sprinkler system, fire alarm and not to mention the building inspections. All information needed is well documented in CDplus. Lieutenant Marini was involved on every inspection. This apparently created a riff between IRC Fire Prevention and the City Manager Mr. Jason Nunamaker. Sorry if I mis-spelled his name. That's when the city of Fellsmere started the Fire Marshal talk. Now, to answer the question on any issues, post approval by the Fellsmere city council of letting the Fellsmere Fire Marshal approve and inspect any NEW construction. Here's two of them. One was a church, the other a new daycare.(all info in CDplus) Lt. Marini and I where called to the church by the Pastor on Maple street. I could be mistaken on the street name, again all info is in CDplus. He wanted approval to increase his occupancy. During our inspection, we noticed stairs in front of the building were non-compliant. Also they built a handicap ramp in the rear which was extremely non- compliant with the pitch and the handrails and guardrails. This was approved by the Fellsmere Fire Marshal. The next one was a new child daycare facility at booker street or Lincoln street. Again info in CDplus or get with Lt. Marini he was also with me. Per the request of our supervisor, Lt. Marini assisted me on all inspections in Fellsmere. On this particular inspection, we were called by the owner for an annual inspection. Annual inspection request was 12 months after the initial approval of the Fellsmere Fire Marshal. Upon completed the inspection, I asked the owner if she had the approval letter from Fellsmere. She had it hung up on the wall on the left side, as we came into the front door. I advised here that since her license states that she is a child care facility, she is required by code to have a commercial fire alarm. She then stated to us that she did have one and took us to the room on the right side of the entrance behind her desk. She stated that it was approved a year ago by the Fellsmere official. I then explained to her that the issue is that she has a residential fire alarm (which she acquired at Home Depot.) she was advised that she needed a commercial fire alarm per NFPA ""Ph 2�Z 2 72. She became upset, but not at us. She called the Fellsmere fire marshal and left a message in our presents. She stated she was also going to the city Council to announce her displeasure on the misinformation that was giving by him. Commissioner Adams may be able to shed light on whether she engaged the council. I advised her we would work with fire alarm contractor to expedite her plans and inspections so she can have a compliant business. Needless to say, it took awhile for both businesses to come into compliance. PLEASE keep in mind that these two examples were the first TWO approvals that were conducted after the City Council approved the ordinance of having their Marshal handle ONLY the new construction. It was 12 months later that I was called because they needed my ANNUAL inspection letter of compliance. I will end by saying this, the fire codes post 2004 were adhered to. I had a very good staff that all but one are seasons veterans. As you stated Chairman O'Bryan, we don't write the codes, are job is to uphold them. The last thing we want to do is create any liability on us or the county that we can't justify by the codes. Sorry for the lengthy email. I am leaving for a cruise this Saturday until April 14th. I am leaving my cell # below in case any of the Commissioners have any question for me. Sincerely, John Duran (retired Battalion Chief/Fire Marshal 772-559-6777 Dylan Reingold From: Sent: To: Subject: J Sent from my iPad Begin forwarded message: Peter D. O'Bryan Tuesday, June 12, 2018 10:48 AM Dylan Reingold; Jason Brown Fwd: Sewer proposed amendment NBCA From: Tuck Ferrell <tcferrell2gmail.com> Date: June 7, 2018 at 6:47:49 PM EDT To: <tzorz9irc o>, Bob Solari <bsolari(a irc og v.com>, "Peter D. O'Bryan" <pobryan(a�ircgov.com>, <sadams c(ro ircgov.com> Subject: Fwd: Sewer proposed amendment NBCA Subject: Fwd: Sewer proposed amendment NBCA North Beach Civic Association CIO William B [Tuck] Ferrell 12546 N A1A Vero Beach, FI 32963 321-543-0928 321-779-1998 tcferrellCD_gmail.com Dear Commissioners: June 7, 2018 It appears the issue of converting septic tanks to sewers has been resurrected by Mr. Bob Bruce in a letter to the Commission last week. Several years ago a meeting of barrier island and mainland residents was held at the ELC where a county engineer explained the conversion plan utilizing the STEP method. The heated discussion that followed clearly emphasized that: - the peer reviewed science is not anywhere near conclusive that the barrier island septic tanks are a major cause of pollution in the IRL vis a vis the pollution caused by agricultural chemicals, the petroleum distillates from highway run off, and municipal sewage plant discharges from broken mains. 1 - the cost of any type of conversion, especially using the STEP method, is egregiously expensive, not cost effective, and would place an unconscionable financial burden on homeowners. Costs to hook up were estimated to be $20-35,000 per household. - the placement of the STEP method would require an enormous disruption of the existing infrastructure landscaping, and architecture of our neighborhoods. Further, it would not work in any type of power outage causing macerated sewage to back up into homeowner's septic tanks. - current island septic tanks are exceptionally effective due to the high quality of sand that filters the drain fields. Intensity of development is low due to land use, large state and county parks, and a tapering of the island width. - it was obvious at the meeting that the Summerplace residents were being singled out and "cherry picked" as examples. This was painfully obvious and resented by all. Following the meeting, the county dropped the program. Please be advised that the North Beach Civic Association is strongly against any move to convert existing septic tanks to any other type of "force main" or STEP sewage system. Respectfully submitted, William B. "Tuck" Ferrell " President, North Beach Civic association William B [Tuck] Ferrell 12546 N Al Vero Beach, F132963 321-543-0928 321-779-1998 tcferrellggmail.com /241 INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois, AICP Chief, Environmental Planning DATE: May 25, 2018 RE: Consideration to Approve an Agreement with RedevGroup, Inc., to Release a Conservation Easement on Indian River Mall Lot 5 in Exchange for Conveyance of Title to the County of Conservation Land at an Alternate Site and Establishing Certain Special Development Restrictions It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of June 12, 2018. DESCRIPTION AND CONDITIONS On July 19, 1994, Indian River County adopted Resolution 94-93, constituting a Development Order and approving the Indian River Mall as a Development of Regional Impact (DRI). A condition of the Resolution 94-93 Development Order required that the Mall developer dedicate a conservation easement over approximately 4.7 acres of cabbage palm hammock within the DRI property. That conserved hammock, now being Lot 5 of The Mall Subdivision, is located on State Road 60 near the Mall's main entrance, west of and adjacent to the existing Wendy's 'Restaurant (see aerial, Attachment 1 to this report). As explained in Condition 17 of the Development Order, the intent of the Lot 5 conservation easement requirement was to: 1) Provide for wildlife and upland habitat protection; 2) Provide protection to an endangered species of hand fern and other listed plant species occurring in the hammock; and 3) Assist in the County's effort to maintain State Road 60's "quality entrance and gateway character" (see pages 6 and 7 of County Resolution 94-93, Attachment 2 to this report). The Lot 5 conservation easement property is currently zoned CG, General Commercial, with a Comprehensive Plan Future Land Use Designation of RC, Regional Commercial. County staff has been contacted by Mr. Joe Cataldo, representing RedevGroup, Inc., requesting that the County consider releasing the conservation easement on Lot 5 in exchange for fee -simple title 268 conveyance to the County of alternate conservation land of equal or greater environmental value. In addition, RedevGroup is proposing to execute a Declaration of Restrictive Covenants with certain special development design restrictions to preserve State Road 60's entrance quality and gateway character. The purpose of the easement release request is to allow RedevGroup, Inc. to commercially develop Lot 5, subject to the special design restrictions described later in this report. To facilitate the easement release and exchange, RedevGroup has submitted a proposed agreement for the Board's approval consideration (Attachment 7 to this report). ANALYSIS As previously explained herein, the purpose of the Lot 5 conservation easement, as described in Condition 17 of the Development Order, was to provide for wildlife and upland habitat protection, including protection of hand fern (that existed at the time the easement was recorded), and to maintain "quality entrance and gateway character." Language in the recorded conservation easement indicates that the easement "shall be perpetual and shall run with the land and shall be binding upon all subsequent owners of the servient estate" (see page 3 of the conservation easement, Attachment 3 to this report). The easement also provides, however, that: "In the event Grantee and Grantor (or subsequent owners of the servient estate) mutually agree that the intent of Development Condition 17 in the Development Order can be fulfilled by the designation of and use of alternative preserve property, this Conservation Easement may be released on terms and conditions mutually acceptable to the parties." As such, if the Board agrees that alternative conservation property fulfills the intent of Condition 17 of the Development Order, the easement can be released consistent with the Development Order and with the language of the easement. County staff has coordinated with Treasure Coast Regional Planning Council (TCRPC) staff on the subject proposal and TCRPC staff indicated that they will have no review of the matter and would have no objection even if they were to comment. Alternative Property RevdevGroup, Inc. is proposing to convey to the County title of one of two alternative preserve properties in exchange for release of the 4.7 acre Lot 5 conservation easement (see aerial maps, Attachment 4): • Alternative Property 1: "The Alice Siew Property," approximately 9.17 acres (4 contiguous tax parcels) of riverfront coastal wetlands north of and adjacent to the County -owned Oyster Bar Marsh Conservation Area; or Alternative Property 2: "The Kinner Property," approximately 10.3 acres of riverfront coastal wetlands south of Quay Dock Road, north of Spoonbill Marsh, adjacent to conservation land owned by the Indian River Land Trust (IRLT). RevdevGroup has submitted an ecological comparison of the Lot 5 parcel, the Siew property, and the Kinner property, conducted by Kimley Horn and Associates, Inc. (see Attachment 5). Following is a summary of the Kimley-Horn report findings: • The Mall Lot 5 parcel no longer contains listed hand fern, has invasive species encroachment (Brazilian pepper and umbrella tree), and is surrounded by urban development, diminishing its ecological value. The property contains seven oak trees that are of a size to meet the County Code's definition of specimen trees. A stormwater pond fronting SR 60 (south of the hammock and not within the conservation easement) is unmaintained and overgrown with willows and 2 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@64319816\@BCL@64319816.rtf 269 cattails. [Note: 15 to 20 years ago county staff verified by a series of site inspections that hand fern, which was verified in the mid-1990s, had gradually declined and then disappeared entirely from the site.] The Siew property (Alternative Property 1) is north of and adjacent to the County -owned Oyster Bar Marsh Conservation Area. The property, consisting of 4 contiguous tax parcels, largely consists of mangrove marsh within the Oyster Bar impoundment. A portion of the property (approximately 1 acre) consists of uplands developable as a single-family residential lot fronting Hidden Pearl Place. The Siew property is adjacent to approximately 129 acres of conservation land that is planned for public access improvements. The property is larger than the Lot 5 parcel, and provides more ecological value and passive recreational access value than the isolated Lot 5 parcel. The Kinner property (Alternative Property 2), is located south of Quay Dock Road and north of 63' Street on the riverfront. The majority of the property consists of mangrove swamp. Unlike the Siew property, the Kinner property is unimpounded, directly interfacing with the lagoon and subject to daily tidal fluctuations. The property is adjacent to conservation lands owned by the Indian River Land Trust (IRLT). The Kinner property is approximately twice the size of the Mall Lot 5 parcel and has higher ecological value. From staff's perspective, of the two alternative sites the Siew property provides more public benefit due to its location adjacent to the County managed Oyster Bar Marsh Conservation Area that is slated for public access improvements. While Kimley-Horn finds the Kinner property to also have higher ecological value than the Mall Lot 5 parcel, the Kinner parcel does not lend itself to public access and is not adjacent to county ownership with planned public access improvements. If the Kinner property is to be accepted as a secondary alternative to the Siew property, staff recommends that the site exchange be supplemented with funding that the County can use toward public access improvements on county managed conservation lands. RedevGroup has been advised of staff's recommendation, and has agreed to supplement title conveyance of the Kinner site with a payment of $291,819.00 to be used for conservation land access improvements, an amount based on the estimated tax assessed value difference between the Siew and Kinner properties. Lot 5 Restrictive Covenants In addition to conveying title to the County of one of the two alternative properties, RedevGroup. Inc. is proposing to record a Declaration of Restrictive Covenants which will establish special development restrictions for Lot 5 to address the aesthetic concerns covered under D.O. Condition 17. The proposed restrictions include the following standards: • The combined pervious and storm water areas are not to be less than 44% of the total property area. No building or pavement shall be constructed within the southernmost 75' of property (this area shall be used for landscaping, water retention and signage). [Note: normal standards would allow 25% green area and parking within 20' of the site's SR 60 front property line.] • A minimum of six (6) specimen trees shall be preserved. Note: normal tree removal standards would allow fee -in -lieu payment to remove many of the specimen trees.] • No single building footprint shall exceed 7,200 square feet, and onsite buildings shall be separated by a minimum of 50 feet. [Note: normal standards would allow a single, large commercial building.] 3 C:\Users\legistar\AppData\Local\Temp\BCL TechnologicAeasyPDF 8\@BCL@64319816\@BCL@64319816.rtf 270 • State Road 60 Corridor criteria, parking, setbacks and buffers shall apply per code (normal standards). The purpose of these covenant restrictions is to address the Development Order Condition 17 intent to maintain SR 60's gateway character, by providing more greenspace fronting SR 60 and more greenspace to accommodate tree preservation than would typically be required under County development regulations. Attachment 6. to this report provides a conceptual development plan that illustrates the greenspace and "bluespace" stormwater management standards that would be provided in association with a typical development design of Lot 5 consistent with the proposed covenant restrictions. Conditions of the Proposed Exchange Agreement To facilitate the exchange and easement release, the proposed agreement spells out a number of steps to be undertaken by RedevGroup, Inc. ("Developer") and the County, summarized as follows: 1. On or before December 20, 2018, Developer shall cause to be conveyed to the County title to one of the following described properties; free and clear of all liens, save property taxes and assessments which are not due: Property 1: "The Alice Siew Property" or Property 2: "The Kinner Property," together with $291,819.00. Developer shall pay documentary stamps on the conveyance, and property taxes shall be pro -rated to the date of closing. County may elect to purchase title insurance at its own cost and expense. 2. Simultaneously with delivery of title of one of the above-described properties by Developer, County shall release Lot 5 from the Development Order and from the Conservation Easement, by execution of a document which shall be recorded in the Public Records of Indian River County, Florida. 3. Also simultaneously, Developer shall record a Declaration of Restrictive Covenants which will restrict the development of Lot 5 with the following standards: a. The combined pervious and storm water areas are not to be less than 44% of the total property area. No building or pavement shall be constructed within the southernmost 75' of property (this area shall be used for landscaping, water retention and signage). b. A minimum of six (6) specimen trees shall be preserved. No single building footprint shall exceed 7,200 square feet, and onsite buildings shall be separated by a minimum of 50 feet. d. State Road 60 criteria, parking, setbacks and buffers shall apply per code. 4 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyMF 8\@BCL@64319816\@BCL@64319816.rtf 271 In the proposed agreement, Developer acknowledges that in addition to the restrictions described above, all other provisions of the Indian River County Land Development Regulations applicable to site plan approval for Lot 5 shall apply. The agreement provides that it is contingent upon Developer's ability to deliver to the County good and marketable title to either Property 1 or Property 2 (together with $291,819.00) on or before the date specified, failure of which shall operate as a.termination of the agreement (unless modified in writing by the parties), releasing each party from all obligations hereunder. In staff's opinion, the proposed conservation land exchange and special development restrictions will satisfy the purpose and intent of D.O. Condition 17, will provide greater ecological value to the public compared to the existing unmanaged site, and will provide for public access to conservation lands compared to the existing site which provides no access. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the proposed Agreement with RedevGroup, Inc. to release the conservation easement of Indian River Mall Lot 5 in exchange for RedevGroup's conveyance of title to the County of alternate conservation land, and subject to establishing certain special Lot 5 development restrictions and other conditions more particularly described in the proposed Agreement. ATTACHMENTS Aerial Map of Indian River Mall Lot 5. County Resolution 94-93 (Indian River Mall DRI Development Order). Conservation Easement. Aerial Maps of Alternate Conservation Sites (Siew Property and Kinner Property). Environmental Assessment and Comparison of Mall Lot 5 and Alternate Conservation Sites Lot 5 Conceptual Development Plan Proposed Agreement. 5 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@64319816\@BCL@64319816.rtf 272 liii r 0 0 0 n • 1�-r' a of .r frraPelot o ,iv ;'i 0 41. ,_ `!1 � �i�i Z ., i is -�f"� 154 :•, , ' !r y {I+ F is, HQNOSBN_, amr�f • 13$ r C] u C 4. ' i �+ fi d' r /6F ,.t .. x. . , r ❑ ❑ J irwal .a 8 al :;j' .r en 4 �� r t' F e p 1 6- ,w _ µ ' ' N a • ' ' /-21 I/1 9 r b '- i do II t' ll 1 ..g '1''17; a1 ri -. • ` 4 , ;O s .311 '' FIs CiY.'7• •,f! `` \� .1 , .r L,= d r . 1 '1 .r I • ......a...4 I. Y ���' ..,: s>&ll 4.,�• I A+F ": ,l + iNl b1iVO A1XIS.: .tis 41 — 4 _ : , _ , t. ;4 '' - fl ,•, 4 j/ 1. ...a. r., „,„....2113A , ,,,, . t 11 'fi "I. _ y 10.'` S I 4 !"11 1,4 ' ' ,�Rz'. t �' ,. -r — rA�--{IQ,.k 1 .II''I�lin I ,( 1 I •�14 + " 'i♦ f.} 1 .. �',! d4 r, N. 4,-s. ~ w /0. -" .. s i{�1• •'' 1� 1 e :M' I I. - S :` S • .' � �' y_tY It ' , .•;'‘,7- ..) kFl • ,t I Y t V.�� ' o', 114 s is •, t '' t, 1 t / / '. '• !14 `wi.1/I I1_~ I J - -\,S '� � r :] ` '> sM.: k �t�M6 P" ,h_ ., ,-'4,,,A,�<� r .US._ s - .., �- id Ni00 -1 "".., -. .„ /.;,.;if,. 1 ',1.7),,,_ ,,,-,. , / 7''-' r'.: --/or .3- . rd ‘' ' ' I� 4a' xrr'�`q t �`� ,s .a� t 5,•,,�' 4x7.0 s"' ..,,r,,,.`1.-]-1% `P: : . ifiti(' i rW..4 •:fie'• :., (.. -T--- 1-.1. - 1 , f,.!_c , r : 4 / ''fir v � , .s r' '` .•t;,,•/.- r' i`' f' / 1 t • • ,%,'0• ,\ `7v ', . 4 0. B. . C73.GNZ93*N1'fHO1li I .,•,',.".%. t i.:9 Q g' , • ‘;')\ - .1,:',...` ;iX'•' ••� •: r g is - .e• x . ' • . ',t.• re � .- 1 ' P • z 4 r .i:` in ia . ! Q' ! y\la+'lt '.• -•'' ` ,.k. ; \a t� i, ` 1 ;•,a, .• I ,(Ab 31I 7b'VH� ,�E `a.". • •:;Y'` , w .. .. il00NZ9 4i r,-, .....,''....• It y\ ..:,,,,Z.....:• 0,'.i.'.., , - - ie, ..,,.... ......, ,,,,,... ......,..„.„,„,.. ..,.,:v. i„,,,, ,„ ....„__ . , , ir .iii - 1" • • ..,..,•,-;• ..- r,-,„•...- a,,,,.•,; ,-...;....„-,.:;:, , , AIM ..",' , ik I.-, e• I. yL ' �,y7R. 4___,0 1 y�.. O .`Y p yp��� �, Fa.Iv, I' 1`_ ■ PP, 4`Y N :r- 4 , ar . ' t• yM .1',IR g:n4 f� RESOLUTION NO. 94- 93 A Resolution of the Board of county Commissioners of Indian River County, Florida, making findings of fact and conclusions of law pertaining to Indian River Mall, a Development of Regional Impact, and constituting this Resolution as a Development Order by Indian River County In compliance with law; providing an effective date; and providing a termination date. WHEREAS, Edward J. DeBartolo Corporation has filed a Development of Regional Impact Application for Development Approval with Indian River County, Florida, in accordance with Section 380.06, Florida Statutes; and WHEREAS, the Developer of the Development is DeBartolo Properties Management, Inc., agent for DeBartolo Realty Partnership, L.P., and the owner of the Development is DeBartolo Realty Partnership, L.Q.; and WHEREAS, the authorized agents of the Developer are Mr. David H. Curl, DeBartolo Properties Management, Inc., P.O.. Box 3287, Youngstown, Ohio 44512-6085 and Mr. Thomas Marsicano, Mice President, Greiner, Inc. P.O. Box 316460 Tampa, FL 33630-3416; and WHEREAS, said Applicant proposes to construct 1,517,174 square feet, gross floor area, of retail development (945,364 square feet of regional mall, 404,979 of community shopping center, and 166,631 square feet of outparcel or peripheral retail) constituting a Development of Regional Impact on the real property legally described in Exhibit "A" attached hereto and located in Indian River County, Florida; and WHEREAS, the Board of County Commissioners as the governing body of Indian River county having ,jurisdiction, pursuant to Chapter 300, Florida Statutes, is authorized and empowered to consider Applications for Development Approval for Developments of Regional Impact; and WHEREAS, the Board -of County Commissioners on the 19th day of July, 1994, held a duly noticed public hearing on the Development of Regional Impact Application for Development. Approval and has heard and considered the testimony taken thereat; and WHEREAS, the Board of County Commissioners has received and considered the assessment report and recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, the Board of County Commissioners has made the following FINDINGS OF .FACT and CONCLUSIONS OF LAW with regard to the Application for Development Approval: FINDINGS OF FACT 1. The ,proposed Development is not in an area of critical state concern designated pursuant to the provisions of Section 380.06, Florida Statutes; 2. The proposed development is consistent with the State Land Development Plan and the State Comprehensive Plan; 3. The proposed development is consistent with the report and recommendations of the Treasure Coast 'Regional Planning Council submitted pursuant to Section 380.06(12)(x), Florida Statutes; and 4. The proposed Development is consistent with the local comprehensive plan, zoning, and land development laws and regulations of the County. 1 ATTACHMENT 2 RESOLUTION NO. 94- 93 5. The conditional concurrency requirements for .drainage, solid waste, water, wastewater, recreation, and transportation have been met under the Indian River County Concurrency Management. System. Incorporating the road improvement conditions contained in this Development Order into an approved developer's agreement between the developer and Indian River County will satisfy the initial concurrency transportation requirements of the Indian River County Concurrency Management System. CONCLUSIONS OF LAW NOW, HS IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, in a public meeting, duly constituted and assembled this 19th day of July, 1994, that the Indian River Mall Development of Regional Impact Application for Development Approval submitted by the Edward J. DeBartolo Corporation is hereby APPROVED, subject to the following conditions, restrictions, and limitations: Application for Development Approval I. The Indian River Mall Application for Development Approval is Incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval, as modified by Development Order conditions, is a condition for approval. For the purpose of this condition, the Application for Development Approval shall include the following items: a. Application for Development Approval dated December 200 1993; b. Supplemental informated dated January 18, 1994; and March 28, 1994; and C. Revised Map H, the project master development plan, attached hereto. Commencement and Prooress of Development 2.(a). In the event the developer falls to commence significant physical development within three years from the effective date of the Development Order, development approval shall terminate and the development shall be subject to further development -of -regional -impact review by the Treasure Coast Regional Planning Council, Department of Community Affairs, and Indian River County pursuant to Section 380.05, Florida. Statutes. For the purposes of this paragraph, construction shall be deemed to have been initiated after placement of permanent evidence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing. 2. (b). On or before January 19, 1997, the developer shall submit to the county planning division a complete site plan application for the construction of at least three hundred twenty thousand (320,000) square feet of regional commercial facility (single, enclosed mall building). In. the event the developer fails to meet this deadline, development approval shall terminate and the development shall be subject to further development -of -regional- impact review by the Treasure Coast Regional Planning RESOLUTION NO. 94-_91 Council, Department of Community Affairs, and Indian River County pursuant to Section 380.06, Florida. Statutes. 2.(c). No site plan(s) shall be released and no building permit shall be issued for the development of the commercial outparcels or community shopping center (as referenced in the ADA) until the developer completes (as determined by the county building department) of at least fifty percent (50%) of the structural foundation elements (at, above, and below grade) necessary for the construction at least three hundred twenty thousand (320,000) square feet of regional mall, gross floor area. 2.(d). In the event the developer fails to commence significant physical development of at least three hundred twenty thousand (320,000) square feet of regional mall gross floor area, on or before December 31, 1997, development approval shall terminate and the development shall be subject to further development -of -regional -impact review by the Treasure Coast Regional Planning Council and Indian River County pursuant to Section 380.06, Florida Statutes. The developer shall notify in writing the Treasure Coast Regional Planning Council and Indian River County of the date significant physical development has commenced, and shall specifically identify by reference to an approved site plan the building(s) and area(s) within the initial mail construction phase. For the purpose of this paragraph, significant physical development shall be deemed to have commenced after placement of permanent evidence of a structure (other than a mobile home) on the subject site(s), such as the pouring of slabs or footings or any permanent work beyond the sage of excavation, land clearing, or earthwork. 2.(e). The developer hereby covenants with the county that, in the event that the Mall Development Order is terminated, no plans to develop commercial uses on the Mall site shall be submitted or approved for a period of at least nine (9) months after Development Order termination. The purpose of this covenant is to give the county the ability to reconsider the land use designation and zoning of the site in the event that Mall Development Order is terminated. 2.(f). The developer shall complete (as determined by the county building department) all structural foundation elements (at, above, or below grade) for at least three hundred twenty thousand (320,000) square feet of regional commercial facility (mall) gross building area, within two hundred ten (210) days of the commencement date as noticed by the developer to the Treasure Coast Regional Planning Council and Indian River County (reference 2.(d)., above) for the building(s) and area(s) specifically identified by the developer as the initial mall construction phase. In the event the developer fails to complete construction within the prescribed deadlines, then, after at least 10 calendar days notice to the developer, the County may, upon hearing, revoke the mall site plan approval. 2.(g). The developer shall complete "shell" construction of the initial mall construction phase within twenty-four (24) months from the commencement date as noticed by the developer to the Treasure Coast Regional Planning Council and Indian River County (reference 2.(d)., above) for the area(s) specifically identified by the developer as the RESOLUTION NO. 94- 93 initial mall construction phase. In the event the developer fails to complete construction within the prescribed deadlines, then, after at least 10 calendar days notice to the developer, the County may, upon, hearing, revoke the mall site plan approval. For purposes of this paragraph, "complete shell construction" is defined as completion of the building foundation, roofing, and exterior walls as depicted within the approved building permit pians, as verified by the county building department upon inspection of the building site. 2.0). With respect to paragraphs 2.(f). and 2.(g). above, the following shall apply. In the event that the developer shall be delayed or hindered in or prevented from the performance of any act or requirement under conditions 2.(f). and 2.(g). of this Development Order by reasons of strikes, lockouts or labor troubles; inability to procure construction materials due to general shortage, government rationing or regulation of labor, materials, equipment; facilities or sources of energy (including, without limitation, electricity, uil or gas); failure of •power or transportation; riots, mob violence, sabotage, malicious mischief, insurrection or war; Acts of God, fire, earthquake, flood, hurricane, explosion or other casualty or other reasons of a similar nature beyond the reasonable control of the developer in performing work or doing acts specified under the terms of conditions 2.(f). and 2.(g). of this Development Order, then, and in each such event performance of such work or act shall be excused for the period of the delay (including the duration of both the actual delay and any consequential delays resulting therefrom) and any period set forth in conditions 2.(f), and 2.(g). of this Development Order in performance of any such work or act shall be extended for a period equivalent to the period of such delay (including the duration of both the actual delay and any consequential delays resulting therefrom). Phasing 3. The phasing of the development is approved as followsr One continuous phase of development, with build -out by December 31, 1999, unless otherwise amended pursuant to 360.06 (19) Florida Statutes. Termination Date 4. This Development Order shall terminate on July 19, 2014. Transfer of Approval 5. Notice of transfer of all or a portion of the subject property shall be filed with the Indian River County Board of County Commissioners. Prior to transfer, the transferee shall assume in writing on a form acceptable to the County Attorney, any and all applicable commitments, responsibilities, and obligations pursuant to the Development Order. The intent of this provision is to ensure that subsequent property transfers do not jeopardize the unified control, responsibilities, and obligations required of the project as a whole. Air Quality and Alternative Transportation Hodes 6. All primary access points and internal circulation roadways shall be designed and constructed to provide sufficient geometry to accommodate transit vehicles. The applicable RESOLUTION NO. 94-93 standards and recommendations of the American Association of State Highway and Transportation Officials (AASHTO) should be utilized in determining design requirements for accommodating transit vehicles to the mall site. 7. At a minimum, boarding and unloading space at one entrance to the mall structure shall be designated. Upon implementation of regularly scheduled transit service, the following facilities, at a minimum, will be provided: 1) covered bus shelters with seating, lighting, trash receptacles, etc.; 2) bun stop signs; 3) bus schedules conspicuously available. within the mall or bus shelter; and 4) mall tenants will be encouraged to participate in programs that offer shopper bonuses to those patrons who use transit to get to the mall. At the end of the first full year of regularly scheduled transit service to the mall, the developer shall provide a written summary in the annual report required by Section 380.06, Florida Statutes, regarding the extent to which the boarding and unloading space has been designated and facilitated consistent with the above condition. 8. The developer shall establish and actively support, through the provision of information and incentives to employees, a ridesharing program. At the end of the first full year following the mall's opening, the developer shall provide a written summary in the annual report required by Section 380.06, Florida Statutes, regarding the structure of the program and an evaluation of the program's effectiveness. 9. The developer shall cooperate with the Indian River County Council on Aging or other government transportation/transit planning agency or transit provider designated in the future to serve Indian River County, and provide information on the general location of employee and shopper residences, regarding the establishment or expansion of transit routes to serve the Indian River Mall. 10. With the exception of clearing for access roads, survey lines, construction trailers, equipment staging areas, and fencing work, construction shall commence within 30 days after completion of clearing and grading. 11. During land clearing and site preparation, wetting operations or other soils treatment techniques appropriate for controlling unconfined particulate emissions, including grass seeding and mulching of disturbed areas, shall be undertaken and implemented by the developer to comply with applicable Indian River County and Florida Department of Environmental Protection standards. HISTORIC AND ARCHEOLOGICAL SITES 12. In the event of discovery of any archaeological artifacts during project construction, the developer shall stop construction in that area and immediately notify Indian River County and the Division of Historical Resources in the Florida Department of State. Proper protection, to the satisfaction of the Division, shall be provided by the developer. WETLANDS 13. At a minimum, the developer shall preserve 8.7 acres of mixed hardwood wetland identified on Exhibit W-1 of Treasure Coast Regional Planning Council's Assessment Report for the Indian River Mall (see copy, attached). The developer shall enhance the quality of this wetland by: 1) enhancing the hydroperiod as described in the Indian River Mall Application for RESOLUTION NO. 94-_n Development Approval, 2) removing all invasive exotic species and maintaining the wetland free of these species, and 3) plugging and abandoning the Floridan aquifer well located in this wetland. The continued viability and maintenance of this wetland shall be assured by conservation easement pursuant to section 704.06 Florida Statutes acceptable to Indian River County that will guarantee preservation of the wetland in perpetuity, and shall be granted prior to any on-site development. The County acknowledges that a conservation easement may be entitled to a special property tax valuation in accordance with applicable sections of FS Chapter 193.501. 14. The developer shall provide mitigation for the elimination of 3.0 acres of wetland. Mitigation shall include the establishment of an upland buffer, littoral shelf area, and wetland enhancement as described in the Indian River Mall Application for Development Approval. prior to the initiation of clearing such wetland area, the developer shall submit and have approved by Indian River county and St. John's River Water Management District, in consultation with the Treasure Coast Regional Planning Council, a wetland mitigation plan, which describes the methodology and timetable for Implementation of the mitigation. The approved plan shall be implemented and enforced as a condition of the development order. 15. The developer shall establish and maintain a buffer zone of native upland edge vegetation around all preserved and created wetland and deepwater habitats on-site in accordance with the following provisions. The buffer zone shall include canopy, understory and ground cover of native species only. The edge habitat shall begin at the upland limit of the wetland or deepwater habitat and shall include a total area of at least 10 square feet per linear foot of wetland or deepwater habitat perimeter. This upland edge habitat shall be located such that no less than 50 percent of the total shoreline is buffered by a minimum width of 10 feet of upland habitat. 16. In order to allow good access to the mall from surrounding residential land and avoid unnecessary impacts on the regional roadway network, road right-of-way shall be reserved to provide access across the wetland preserve area as identified on Exhibit 8, attached. Such right-of-way shall be: A) reserved via the project site plan to accommodate a two- lane residential street section consistent with Indian River County's local road design standards; B) located within the alignment of the existing dirt road which crosses the wetland; C) perpetually available for connection to the future residential area located between the project wetlands area and 26th Street; and D) subject to approval of applicable regulatory and permitting agencies. Any street ultimately constructed within this right-of-way shall be designed to allow adequate water flow through the wetland. HABITAT PRESERVATION 17. The developer shall preserve, by dedicating a conservation easement, pursuant to section 704.06 Florida Statutes, to the county prior to project site plan release, the 4.7 acres of RESOLUTION NO. 94-_U cabbage palm hammock, including canopy, understory, and ground cover, shown on Exhibit C, attached. The intent of this development condition is tot 1) provide for wildlife and upland habitat protection on site; 2) provide proper protection to the endangered species of hand fern and other listed plant species occurring in this hammock; and 3) assist In the County's effort to maintain SR 501s quality entrance and gateway character. The continued viability and maintenance of the preserve shall be assured by a conservation easement to the county. The County acknowledges that a conservation easement may be entitled to a special property tax valuation in accordance with applicable sections of FS Chapter 193.501. Said easement shall be granted prior to release of any project site plan. 18. Temporary fencing of the 4.7 acre preserve and all other wetland and upland areas to be preserved including the stand of Simpson's Stopper as shown on Exhibit C, attached, shall be Installed by the developer and inspected and approved by Indian River County prior to commencement of site clearing. Such fencing shall be of a type that will dearly identify and designate the boundaries of the preserve areas and the stand of Simpson's Stopper, and minimize the potential disturbance of these features during land clearing and construction. The temporary fencing shall be established at least 30 feet outside the actual boundary of said preserve areas. Temporary fencing shall stay in place until it is necessary to remove it for finish grading, planting required buffers, and constructing any required permanent fencing. 19. The developer shall prepare a habitat management plan for the 4.7 acre preserve. The plan shall identify methods to maintain suitable habitat conditions for the hand fern and other listed species which exist in the preserve. The plan should include methods to: 1) reduce the risk of fire to the hammock; 2) remove exotic vegetation, including Brazilian pepper and strawberry guava; 3) enhance the existing hydrology of the preserve; 4) permanently fence the preserve and allow only limited access for nature appreciation, education, or scientific study. The management plan shall be approved by Indian River County and the Department of Community Affairs in consultation with Treasure Coast Regional Planning Council prior to the initiation of site clearing activities. The approved plan shall be implemented and enforced as a condition of the development order. 20. Development of parcels adjacent to the 4.7 acre cabbage palm hammock preserve area shall include a densely landscaped buffer within or directly adjacent to the preserve as Indicated on Exhibit D, attached. The buffers shall be planted with 100 percent native vegetation. The relocation of cabbage palms from areas to be cleared on site is highly recommended for use in the buff era. The purpose of the buffer is to reduce the amount of pollution entering the hammock, and to minimize undesirable effects of development on the preserve area. SPECIES OF SPECIAL REGIONAL CONCERN 21. In the event that it is determined that any additional representative of a plant or animal species of special regional concern (as defined in the Treasure Coast Regional Planning Council Assessment Report for the Indian River Mall) is resident on, or otherwise is significantly dependent upon the Indian River Mall property, the developer shall cease all activities which might negatively affect that individual population and immediately notify Treasure Coast Regional RssoLUTIom No. 94-_U Planning Council and Indian River County. Proper protection, to the satisfaction of the Treasure Coast Regional Planning Council and Indian River County, in consultation with the U.S. Fish and Wildlife Service and the Florida dame and Fresh Water Fish Commission, shall be provided by the developer. EXOTIC SPECIES 22. Prior to obtaining a certificate of occupancy for any structure located on any parcel or area of development, the developer shall remove all Melaleuca, Brazilian pepper, and Australian pine which occur on that parcel or area of development. Removal shall be in such a manner that avoids seed dispersal by any of these species. There shall be no planting of these species on site. DRAINAGE 23. As part of the project's site plan design(a), the surface water management system shall be designed to maximize shallow aquifer recharge potential for the site such that the project will not result in a water table less than 17 feet NGVD across the site. To help achieve this end, the developer shall consider use of uncurbed grassed awale conveyances and depressed grassed water collection areas within the parking area to the maximum extent possible. Grassed swales and depressions shall be adequately maintained so they can function as infiltration areas. In addition, the developer shall consider other appropriate methods to maximize aquifer recharge, including: exfiltration, drainage perimeter swales, Increased open space, reduction in parking area, and use of pervious parking area materials. 24. To Improve the quality of water discharge from the site, the following shall apply: A. All curbed areas within the boundaries of the development shall be swept daily. All other parking and road surfaces shall be swept as necessary, but in no case lose frequently than once per week. Sweeping shall be accomplished by vacuum type or vacuum regenerative type sweepers. Sweepers shall be equipped with speed governors which will limit operating speed to no more than five miles per hour. b. Parking stops or bumps which may collect and concentrate contaminants, or which would interfere with efficient sweeping of the parking area, shall not be used on the project. The developer shall either use curbing or its equivalent or obtain tire stop waivers pursuant to county land development regulations. C. A vegetated littoral zone shall be established for the lakes constructed on site. Prior to construction of the surface water management system for the development, the developer shall prepare a design and management plan for the wetland/littoral zone that will be developed as part of that system. The plan shall be subject to approval by the St. John's River water Management District and Indian River County in consultation with the Treasure Coast Regional Planning Council prior to beginning any excavation activity. Littoral zones shall be constructed. concurrent with lake excavation and final grading. Operational permits for that portion of the surface water management system shall not be utilized until such time as littoral zones have been found to be constructed in conformance with approved plans. RESOLUTION NO. 94- 93 d. To the maximum extent practical, the 8.7 acre mixed - hardwood wetland area shall be incorporated into the water management system to take advantage of water quality treatment provided by the existing vegetation. e. At a minimum, water quality treatment equivalent to retention of the first inch of runoff from the three- year, one-hour storm event shall be provided prior to discharge from the site. 25. The developer shall consider in its site plan designs) use of Indian River County's allowance of up to 25% of the required mall parking spaces to consist of unpaved, sodded or otherwise stabilized areas. In addition, the developer shall consider In its site plan design(s) other methods of minimizing the amount of impervious surface constructed for the purposes of automobile parking on the Indian River Mall site. HAZARDOUS MATERIALS AND WASTE. 26. Prior to issuance of any building permits for Indian River Mall, the developer shall prepare or cause to have prepared a hazardous materials management plan which shall be reviewed and approved by Indian River County, St. John's River Water Management District, and Florida Department of Environmental Protection. For the purposes of this plan, hazardous materials are those constituents found in reportable quantities on site pursuant to 42 USC, Section 6921 (RCRA); 42 USC, Section 9602 (CERCLA); 42 USC, Section 11011 et seq. (SARA, Title III); and Part IV, Chapter 403, Florida Statutes. At a minimum, the plan shall; a. require disclosure by all owners or tenants of nonresidential property of all hazardous materials proposed to be stored, used, or generated on the premises; b. require the inspection of premises storing, using, or generating hazardous materials or wastes prior to commencement of operation, and periodically thereafter, to assure that approved facilities and procedures are in place to properly manage hazardous materials projected to occur; C. provide minimum standards and procedures for storage, prevention of spills, containment of spills, and transfer and disposal of such materials of wastes; d. provide for proper maintenance, operation, and monitoring of hazardous materials and waste management systems including spill and hazardous materials and waste containment systems; e. detail actions and procedures for financial and physical spill clean-up actions; and f. describe who will be responsible for financial and physical spill clean-up actions; and The approved plan shall be incorporated into the development by including it as part of any lease or sale agreement provided to tenants and owners that will use, handle, store, display, or generate hazardous materials or wastes. 27. All site plans and layouts for Indian River Mall must be in accordance with the requirements of applicable State and local wellfield protection ordinances. All plan approvals shall RESOLUTION NO. '44-93 note what development will take place in areas near canals and waterways or within zones of influence of any private or municipal wellfield in the area. WATER SUPPLY 28. No building permits shall be issued for any portion of the project until the developer provides evidence from the Indian River County Department of utility Services to the Indian River County Planning Department that adequate potable water capacity and service/distribution infrastructure will be available to serve the portion of the project for which permits are required. 24. The preferred source of irrigation water shall be treated wastewater effluent at such time as this source is made available to the site. Should treated wastewater be unavailable or a supplemental source for irrigation be needed, existing or created surface waters (i.e., lakes or canals) shall be used to the maximum extent available. on-site wells or municipal potable water may be used for irrigation only after the developer has demonstrated to the satisfaction of the Treasure Coast Regional Planning Council, St. John's River Water Management District, and Indian River County that preferred sources of water are unavailable and that the proposed source will not adversely affect ground water quality and quantity. The irrigation system shall be installed so that It can be connected to wastewater effluent reuse lines as soon as they become available to the property. 30. In order to reduce irrigation water demand, xeriscape landscaping shall be implemented throughout the project. As a minimum, 30 percent of all areas requiring landscape material shall be landscaped with native or drought -tolerant species adapted to soil and climatic conditions existing on site, and 50 percent of all trees shall be native or drought - tolerant species. 31. All development in the Indian River Mall shall use water - saving plumbing fixtures and other water conserving devices as specified in the Water Conservation Act, Section 553.14, Florida Statutes, to reduce water use. WASTEWATER 32. No building permits shall be issued for any portion of the project until the developer provides evidence from the Indian River County Department of Utility Services to the Indian River County Planning Division that adequate wastewater capacity, service infrastructure, and adequate provisions for the effluent disposal, will be available to collect, treat and dispose of the wastewater generated by the portion of the development for which permits are required. SOLID WASTE 33. The developer shall participate in any solid waste stream reduction/recycling plan program implemented by Indian River County Department of Utility Services. Each annual report shall address whether or not the developer is participating in such programs and the extent of participation. POLICE AND FIRE PROTECTION 34. a. Prior to issuance of any building permits for the Indian River Mall, the developer shall provide the Indian River County Planning Division an update of ADA Exhibit 25.1 10 RESOLUTION NO. 94-23 from the Sheriff's Department regarding the provision of law enforcement to serve the project. b. Prior to the release of a site plan(s) for construction on site, the developer shall certify to the Indian River County Planning Division that a construction security system, acceptable to the Sheriff's Department, will be in place prior to commencement of construction. The security system shall include continuous patrolling and other measures such as fencing and lighting. 35. Prior to the issuance of a certificate of occupancy for any portion of the Indian River Mall, the developer shall certify to the Indian River County Planning Division that all security measures and commitments referenced in Section 25 of the Indian River Mall Application for Development Approval are in place and will be operational concurrent with the operation of the portion of the project for which a certificate of occupancy is sought. 36. Prior to issuance of building permits for any portion of Indian River Mall, the developer shall provide the Indian River County Planning Division with written confirmation that the Indian River County Department of Emergency Services has sufficient manpower and equipment to serve the fire protection/emergency medical service needs of the portion of the project for which a permit is sought at adequate service levels. ENERGY 37. In the final site and building design plans, the developer shall: a) comply with the Florida Thermal Efficiency Code Part VII, Chapter 553, Florida Statutes; b) to the maximum extent feasible, incorporate measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan dated May 1979, and the Treasure Coast Regional Planning Council's Regional Comprehensive Policy Plan; and c) incorporate those energy conservation measures identified on pages 29-5 through 29-9 of the Indian River Mall Application for Development Approval. 38. The developer shall incorporate each of the 17 energy saving methods outlined in the ENERGY section discussion of the Treasure Coast Regional Planning Council's Assessment Report for the Indian River Mall unless it can be demonstrated to the satisfaction of Indian River County that individually each method is not cost effective. 39. No building permits for the Indian River Mall Development of Regional Impact shall be issued until the developer provides the Indian River County Planning Division a letter from the Florida Department of Transportation stating that sufficient road right-of-way exists along the project's SR 60 frontage for all required SR 60 improvements. 40. Prior to site plan release, the developer shall dedicate to the county and the Indian River Farms Water Control District a 30' wide access easement for canal maintenance purposes. Said easement shall run the length of the Lateral "A" Canal from SR 60 to 26th Street. The easement will allow possible future maintenance of the canal from the canal's east side, rather than from the canal's 66th Avenue side. Such a shift in maintenance sides is intended to maximize the ability of the county to use canal right-of-way along 66th Avenue for 11 RESOLUTION NO. 94-_i road purposes which could help minimize the amount of 66th Avenue future expansion westbound, toward the Vista Plantation golf course. 41. No building permits for the Indian River Mall Development of Regional Impact shall be issued until either: 1) contracts have been let for the following roadway expansions; 2) the following expansions have been included within the first three years of Indian River County's adopted Capital Improvements Program; or 3) a local government development agreement consistent with sections 163.3220 through 163.3243, F.S. has been executed and attached as an exhibit to the Development Order via an amendment to the Development ardor, for the following improvements. Any such agreement shall include provisions for surety to guarantee construction of required improvements. a. Six -lane SR 60 from 66th Avenue to 58th Avenue; b. Four -lane 58th Avenue from 26ih Street to SR 60; and C. Four -lane 58th Avenue from SR 60 to 16th Street. No certificates of occupancy shall be issued for the Indian River Mall Development of Regional Impact until the roadway expansion under "a." above is in place and operational, and "b." through "c." above are in place and operational or actual construction is underway. 42. No building permits for the Indian River Mall Development of Regional Impact shall be issued until either: 1) contracts have been let for the following roadway expansions; 2) the following expansions have been included within the first three years of Indian River County's adopted Capital improvement Program; or 3) a local government development agreement consistent with sections 163.3220 through 163.3243, F.S. has been executed and attached as an exhibit to the Development Order via an amendment to the Development Order, for the following improvements. Any such agreement shall include provisions for surety to guarantee construction of required improvements. a. Paving of 26th Street between 66th Avenue and 58th Avenue as a two-lane facility. Design and construction of this facility shall be consistent with the Florida Department of Transportation and Indian River County standards; and b. Intersection expansion (including signalization if and when warranted) at 26th Street and the northern project entrance (Access A) necessary to provide Level of Service D at buildout of the Mall. No certificates of occupancy shall be issued for the Indian River Mall Development of Regional Impact until the roadway expansions under "a." and "b." above are in place and operational. 43. Commencing in 1991, the developer shall undertake a traffic monitoring program which shall be updated on an annual basis and included in the Annual Report as specified in the Development order. The developer shall submit a Traffic Monitoring Report to Indian River County, Florida Department of Transportation (FDOT) and Treasure Coast Regional Planning Council (TCRPC) for 58th Avenue from 41st Street to 26th Street and 58th Avenue from 16th Street to 12th Street. The methodology to be used for traffic monitoring and reporting shall be discussed and agreed to at a meeting to be convened. 12 RESOLUTION NO. 94- 93 by Indian River County with FDOT, TCRPC, the City of Vero Beach, and the developer prior to 1997. As a minimum, the report shall; a. present existing traffic volumes; b. present existing level of service with all analysis used to determine the level of service; C. determine traffic projections for each roadway link and intersection for one year into the future including background, discounting all new traffic from other projects in Indian River County, plus project traffic; d. specify roadway expansions necessary to provide Level of Service D for peak-hour/peak-season conditions on the monitored roadway links and intersections; and e. identify methods for funding the necessary roadway expansions. Commencing .in the year 1997, no further building permits for the Indian River Mall Development of Regional Impact shall be issued after three months from the due date of the Annual Report as established in the Development Order, until the Traffic Monitoring Report referenced above has been submitted to and approved by Indian River County, FDOT, TCRPC, in consultation with the City of Vero Beach. No further certificates of occupancy shall be issued for the Indian River Mali Development of Regional Impact within a year of the date of the Traffic Monitoring Report until roadway expansions, if any, specified in the approved Traffic Monitoring Report are under construction. Monitoring of the roadway links may be discontinued once expansion of the roadway links to a four -lane cross-section are under construction or by buildout of the Indian River Mall. 44. No building permits for the Indian River Mall Development of Regional. Impact shall be issued until either: 1) contracts have been let for the following intersection expansions; 2) the following expansions have been included within the first three years of Indian River County's adopted Capital improvement Program: or 3) a local government development agreement consistent with sections 163.3220 through 163.3243, F.S. has been executed and attached as an exhibit to the Development Order via an amendment to the Development Order, for the following improvements. Any such agreement shall include provisions for surety to guarantee construction of required improvements. a. SR 60 and 58th Avenue Northbound (58th Avenue) Southbound (58th Avenue) 2 left -turn lanes 1 left turn lane 1 through lane 1 through lane 1 through/right-turn lane 1 through/right-turn lane Eastbound (SR 60) 1 left -turn lane 2 through lanes 1 through/right-turn lane 13 Westbound (SR 60) 1 left -turn lane 2 through lanes 1 through/right-turn lane RESOLUTION NO. 94-_U b. SR 60 and Access F Southbound (Access £) 2 left -turn lanes 1 right -turn lane Eastbound (SR 60) westbound (SR 60) 1 left -turn lane 3 through lanes 3 through lanes i right -turn lane All above configurations shall be permitted and constructed in accordance with County and State criteria. No certificates of occupancy shall be issued for the Indian River Mall Development of Regional Impact until the intersection expansion under "b." above is in place and operational, and "a." above is in place and operational or actual construction is underway. 45. A signal warrant study shall be conducted at the following intersections at a time and by a method acceptable to Indian River County and the Florida Department of Transportation: a. SR 60 and Access F; b. SR 60 and 66th Avenue; C. 26th Street and 58th Avenue; and d. 26th Street and Access A. Required signalization shall be permitted and constructed in accordance with applicable Indian River County criteria on county roads and Florida Department of Transportation criteria on State roads. Indian River County and Florida Department of Transportation shall establish a date for the installation of any signalization required at the above referenced intersections. The issuance of building permits for the project shall cease if signalization is not installed within one year of the established date. 46. No more than one signalized intersection and One full median opening designed in accordance with applicable Florida Department of Transportation (FDOT) standards shall be allowed along SR 60 between 66th Avenue and 58th Avenue unless otherwise approved by PDOT and Indian River County. 47. As a minimum, the developer shall pay a fair share contribution consistent with the road impact fee ordinance of Indian River County in effect at the time of issuance of building permits. Any DRI Development Order exaction or fee shall be credited toward an impact fee or exaction imposed by local ordinances for the same need. 48. Commencing in 1997, the developer shall undertake a traffic monitoring program which shall be updated on an annual basis and included in the Annual Report as identified in the Development Order. The developer shall submit a Traffic Monitoring Report to Indian. River County for 16th/17th Street from 43rd Avenue to 27th Avenue. The methodology to be used when preparing the Report shall be discussed and agreed to at a meeting between Indian River County, the City of Vero Beach, and the developer held prior to 1997. As a minimum, the report shalls a. present existing traffic volume; 14 RESOLUTION NO. 94- 93 b. present existing level of service with all analysis used to determine the level of service; C. determine traffic projections for each roadway link and intersection for one year into the future including background, discounting all new traffic from other projects in Indian River County, plus project traffic; d. specify improvements necessary to provide Level of Service D for peak-hour/peak-season conditions on the monitored roadway links and intoreectione; and e. identify methods for funding the necessary roadway expansions. Commencing in the year 1997, no further building permits for the Indian River Mall Development of Regional Impact shall be issued after three months from the due date of the Annual Report as established in the Development Order, until the Traffic Monitoring Report referenced above has been submitted to and approved by Indian River County and the City of Vero Beach. No further certificates of occupancy shall be issued for the Indian River Mall Development of Regional Impact within a year of the date of the Traffic Monitoring Report until roadway expansions, if any, specified in the approved Traffic Monitoring Report are under construction. Monitoring of the roadway links may be discontinued once expansion of the roadway link to a four -lane cross-section is under construction or by buildout of the Indian River Mall. 49. Commencing in 1995 and continuing every year thereafter, the developer shall submit an Annual Status Report indicating the status (schedule) of guaranteed roadway expansions. This Annual Status Report shall be submitted to Indian River County, Florida Department of Transportation, Treasure Coast Regional Planning Council and the Department of Community Affairs as part of the Development of Regional Impact Annual Report. The Annual Status Report shall list all roadway expansions needed to be constructed by phase, the guaranteed date of completion for the construction of each needed expansion, the party responsible for the guaranteed construction of each expansion, and the form of the binding commitment that guarantees construction of each expansion. No further building permits for the Indian River Mall Development of Regional Impact shall be Issued at the time the Annual Status Report reveals that any needed transportation network expansion included in the Development order is no longer scheduled or guaranteed, or has been delayed in schedule such that it is not guaranteed to be in place and operational, or under actual construction for the entire expansion by December 31, 1999. 50. A traffic methodology meeting shall be conducted for any proposed change to the Development order that may affect traffic, such as an increase in project size and extension of the project buildout dates. The Florida Department of Transportation, the Department of Community Affairs, Treasure Coast Regional Planning Council, Indian River County, and the City of Vero Beach shall be present at the meeting. Issues to be discussed at the meeting include, but are not limited to: trip generation rates, trip distribution and assignment, passer-by rates, growth factors, application of the growth SS RESOLUTION NO. 94 93 factors, approved developments in the area, and proposed roadway expansions. A traffic study shall be submitted to the Florida Department of Transportation, Department of Community Affairs, Treasure Coast Regional Planning Council, Indian River County, and the City of Vero Beach which will determine traffic impacts of the proposed change. This study will incorporate the methodology discussed at the traffic methodology meeting. The traffic study shall identify any additional roadway expansions necessary to maintain the subject transportation network at objective levels of service. Additional building permits shall not be issued for the portions of the Indian River Mall Development of Regional Impact that are the subject of the proposed change untilt 1) a new project phasing program and roadway expansion program necessary to maintain acceptable levels of service for the remainder of the development has been approved by Indian River County, Florida Department of Transportation, Department of Community Affairs, and Treasure Coast Regional Planning Council in consultation with the City of Vero Beach; and b) the Development Order has been amended to reflect the new phasing program and set of additional roadway expansions. 51. No additional building permit shall be issued after December 31, 1999, unless a traffic study has been conducted by the developer, and submitted to and approved by Indian River County, Florida Department of Transportation, Department of Community Affairs, and Treasure Coast Regional Planning Council, in consultation with the City of Vero Beach, which demonstrate that the regional roadway network can accommodate the remaining (yet to be generated) Indian River Mall generated traffic and growth in background traffic beyond 1499 and still be maintained at Level of Service D during peak- hour/peak-season conditions. The traffic study shall: a, be conducted in 1999, and b. identify the roadway expansions and timing of those expansions necessary to provide Level of Service D during peak-hour/peak-season conditions for the subject transportation network during the projected condition of the project including project impacts and growth in background traffic. Additional building permits shall not be issued untili a) a new project phasing program and roadway expansion program necessary to maintain acceptable levels of service for the remainder of the development has been approved by Indian River County, Florida Department of Transportation, Department of Community Affairs, and Treasure Coast Regional Planning Council in consultation with the City of Vero Beach, and b) the Development Order has been amended to reflect the new phasing program and set of additional roadway expansions. 52. The project site plan(s) shall incorporate vehicular and pedestrian interconnections between commercial sites within the project area and adjacent to the project area, in accordance with the county's land development regulations. 53. The County recognizes that in order for the developer to most the requirements of the transportation section of this Development Order it may be necessary for the developer to acquire road right-of-way which is currently under private ownership. Upon written request by the developer, the County agrees to file a petition in eminent domain as is necessary to exercise its power of eminent domain to acquire such right-of- way, subject to a court finding of proper public purpose and 16 RESOLUTION NO. 94- 93 public necessity. Should a court enter an order finding no public purpose or public necessity, and the transportation conditions contained herein cannot be satisfied, the developer must file for and obtain modification(s) to the development order to ensure satisfaction of applicable transportation level of service standards. No further building permits or Certificates of Occupancy shall be issued until such Development Order modifications) are approved. No settlement prior to jury award shall occur without the prior approval of the developer. All attorney's fees, expert fees, and costs associated with the County's exercise of its power of eminent domain, including compensation to land owners, shall be borne by the developer. 54. BUFFERING AND OPEN SPACE a. The following required buffering provisions shall be incorporated into the site plane of Indian River Mali and related DRI project and outparcel developments and shall be provided and maintained as follows: •SR 60 frontages A Type "C" buffer with 3' opaque feature or its equivalent, as established in the county land development regulations. 066th Avenue, 26th Street: A Type "D" buffer with 3' opaque feature or its equivalent, as established in the county land development regulations. Buffers shall be provided with planted and/or existing vegetation and shall be maintained between the referenced road rights-of-way and development within the subject site. (1) The entire referenced buffer shall be provided on or before December 31, 1999. No certificate of occupancy (C.O.) shall be issued for the project or any portion of the project after December 31, 1999 unless the required buffer has been provided. (2) No certificate of occupancy (C.O.) shall be issued for the project or any portion of the project unless the required buffer is provided and maintained between any of the referenced road rights-of-way and any development within 300' of any of the referenced road rights-of-way. b. Buffering between project uses and adjacent uses shall be provided and maintained as required in the county's land development regulations in effect at the time a site plan application is considered for approval or approval extension. C. The county's SR 60 special 75' building setback, as established in the county land development regulations, shall apply to all buildings on site. d. Height, size, and type of all signs used within the project shall be addressed in a developers agreement between the developer and the county, approved by the county prior to site plan release. 17 RESOLUTION NO. 94- 43 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: 1. Any modification or deviations from the approved plans or requirements of this Development Order shall be submitted to the Community Development Director for a determination by the Board of County Commissioners of Indian River County and Department of Community Affairs as to whether the change constitutes a substantial deviation as provided in section 380.06(19), Florida Statutes. The Board of County Commissioners of Indian River County shall make its determination of substantial deviation at a public hearing after notice to the developer. 2. Indian River County shall monitor the development of the project to ensure compliance with this Development Order. The Indian River County Community Development Director shall be the local official assigned the responsibility for monitoring the development and enforcing the terms of the Development Order. The Community Development Director may require periodic reports of the developer with regard to any item set forth in this Development order. 3. The developer shall make an annual report as required by Section 380.06(18), Florida Statutes. The annual report shall be submitted each year on the anniversary date of the adoption of the Development Order and shall include the following: a. Any changes in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting year and for the next year; b. A summary comparison of development activity proposed and actually conducted for the year; C. Undeveloped tracts of land that have been sold, transferred, or leased to a successor developer; d. Identification and intended use of lands purchased, leased, or optioned by the developer adjacent to the original site since the Development Order was issued; e. An assessment, listing the developer's and local government's compliance with each of the conditions of approval contained in this Development Order and the commitments specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment for the development undertaken; This assessment shall include a list of each Development Order condition number and a corresponding statement regarding the status of compliance with that condition. f. Any request for a substantial deviation determination that was filed in the reporting year or is anticipated to be filed during the next year; g. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued; h. A list of significant local, state, and federal permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each; I. The annual report shall be transmitted to Indian River County, the Treasure Coast Regional Planning Council, the i8 RESOLUTION NO. 94-93 Florida Department of Community Affairs, the Florida Department of Environmental Protection, the South Florida Water Management District, and such additional parties as may be appropriate or required by law; j. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development order that was recorded by the developer pursuant to Subsection 380.06(15), Florida Statutes; and, k. Any other information requested by the Hoard of County Commissioners of Indian River County or the Indian River Community Development Director to be included in the annual report. 4. The definitions found in Chapter 380, Florida Statutes, shall apply to this Development Order. 5. Indian River County hereby agrees that prior to July 19, 2014 the Indian River Mall Development of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, except as outlined in Condition 2.(a). through 2.(h). of this Development Order, unless the County demonstrates that substantial changes in the conditions underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially inaccurate information provided by the developer, or that the change Is clearly established by Indian River County to be essential to the public health, safety, or welfare. 6. This Development Order shall be binding upon the developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced government agency in existence on the effective date of this Development Order, 7. The approval granted by this Development Order is conditional and shall not be construed to obviate the duty of the developer to comply with all other applicable local, state, and federal permitting requirements. S. In the event that any portion or section of this Development Order is deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, then this development shall be required to obtain a substantial deviation determination. 9. This Development Order shall become effective upon final approval of the comprehensive plan amendment associated with the project. 10. Certified copies of this Development Order shall be transmitted immediately by certified mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council, and Edward J. DeBartolo Corporation. 19 RESOLUTION NO. 94 93 PASSED AND ADOPTED in a public hearing held on this the 19 day of _ July , 1994. The foregoing resolution was offered by Commissioner Eggert and the motion was seconded by Commissioner Bir , and, upon being put to a vote, the vote was as follows:- Chairman o lows: Chairman John W. Tippin ayp Vice Chairman Kenneth R. Macht Ayp Commissioner Pran Adams Aye Commissioner Richard N. Bird AX0 Commissioner Carolyn K. Eggert Aye ThisChairman thereupon declared the resolution duly passed and adopted this 19 day of July , 1994. BOARD OF COUNTY COMMISSIONERS IND RjVER COUNTY, FLORIDA Ch irman ohs&&@PASS Jeffr y K. tp Barn, County Clerk APPROVED A W PL !N G MATTERS: Rober M. Rs t ng, AICP Community Developnl nt DS ector APPROVED AS To FORM ANN�LEGAfFFICIENCY lk William G. Collins, Deputy County Attorney u\c\s\irma112.res 20 0100 Ref. Dwg. 1011 -PSA 6-14-89 REV. 10/27/89 REV. 11/3/89 REV. 11/17/93 EXHIBIT A BOUNDARY SURVEY DESCRIPTION FOR INDIAN RIVER MALL D.R.I. 164.520 ACRES Beginning at a point being 50.0 feet east and 30.0 feet south of the Northwest corner of the Northwest one-quarter of Section 5, Township 33 South, Range_ 39 East; run parallel to the North line of said Section 5, S 89' 52' 20" E a distance of 614.00 feet to the principal point and place of beginning of the following descriptions Thence S 89' $2, 26" E, 72.00 feet to a point; thence S 00' 07' 32- W, 425.00 feet to a point; thence S 44' 52. 28" E, 35.36 feet to a points thence S 89' 52' 28" E, 250.00 feat to a point; thence 11 00` 07' 32" E, 230.00 feet to a point; thence S 89' 52' 28" E, 770.02 feet to a point; thence S 00' 07' 32" W, 143.38 feet to a point; thence N 87' 01' 21 E, 550.00 feet to a point; thence S 57' 58. 39" E, 556.50 feet to a point; thence S 32' 01' 21" W, 122.35 feet to a point; thence S 57' 58' 39" E, 330.00 feet to a point; thence S 47' 13' 39" E, 69.27 feet to a point; thence S 89' 51' 57" E, 9.17.49 feet to a point; thence S 00' 08' 03" W, 339.44 feet to a point; thence S 00' 07. 12" W, 1153.69 feet to a point on north right-of-way line of State Road 60 Highway; thence run ft 89' 53' 54" W along said North right-of-way line a distance of 1326.17 feet; thence run S 89' 52. 37" W a distance of 709.12 feet to a point of intersection with the Southerly extension of the West boundary line of Wallace Acres Subdivision, as recorded in Plat Book 7, page 12 Public Records of Indian River County, Florida, and said North right-of-way; thence run N 00' 02' 44" E along said West boundary line a distance of 494.52 feet to the Northeast corner of said subdivision; thence run N 89' 50' 24" W along the North boundary line a distance of 619.04 feet to a point; thence run S 00' 02' 43" W a distance of 497.58 feet to the said North right-of-way line of State Road 60 Highway; thence run S .89' 52' 25" W a distance of 1277.97 feet to a point on the West line of "Tract 5 of said Section 5; thence run N 00' 01' 21" E and parallel to the West line of said Section 5 a distance of 1630.00 feet to a point; thence N 45' 00' 00" R, 465.00 feet to a point; thence N 6:' 00' 00" E, 123.49 feet to a point; thence S 09' 52' 28" E, 145.85 feet to a Point; thence N 45' 07• 32" E. 35.36 feat to a point; thence N 00' 07' 32" E, 425.00 feet to r.he point of beginning and containing 164.520 acres of Land more or less. REVISED MAP H 2: < CL LUED > ce 7 0 C) U.J � LLJ F- 0 293 TCRPC`S EXHIBIT W-1 & EXHIBITS EXHIBIT W-1 V .. vm Me N iK 4 � �• r C 15 k`` EXHIBIT C EXHIBIT LP -1: NA131TAT PREStRVATION MAP f S �\ w ' ui Q r F I u t �R a t� EXHIBIT D ka111b17 HP -2: CntiliAGL l'At.M t lMMtat:3i bUj, w a Its mJ�$° HIT � F v O h • 1 t 1 w 2� J a I N� u ' rl t F , ,1 ;;�� 111►!+ Itis+ ! I n' ltiJl IuA it 1 t tJ Vit! It Ott tl .1 Jt �t tl t i' II -tt t 11 tl II W t) II lI � II tt 1 tt t . 11 it I II �- < 4 t! r« �' t•t ti —tt7�In! .00 tlt It lit! r z 703"i fill 11 t � I Jf11 (N 7HE RECORDS OF DOCUMENTARY STAMPS . JEFFREY K BARTON DEED = Return to Stewart & Nall, P. A. INDIAN RIVER CO , FLAT. NOTE _ Post Office Box 3345 Vero Beach, Florida 32964-3345 INDIAN K. BARTON, CLERK I CONSERVATION EASEMENT NDIAN RIVER COUNTY .t4 { J THIS GRANT OF CONSERVATION EASEMENT, made and executed this t% day of `S 1995, by DeBARTOLO REALTY PARTNERSHIP, Limited, a Delaware 1' ted partnership, whose mailing address is 7655 Market Street, Youngstown, Ohio 44512, hereinafter called Grantor, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, hereinafter called Grantee, WITNESSETH: WHEREAS, Grantor is the fee simple owner of certain real property situated in Indian River County, Florida, on which is proposed to be developed a Development of Regional Impact ("DRI") known as Indian River Mall; and WHEREAS, on July 19, 1994, Indian River county issued Resolution No. 94-93 granting development approval of the Indian River Mall DRI which approval as amended from time to time is herein referred to as the "Development Order"; and WHEREAS, Grantor finds that it is appropriate to retain certain land or water areas on Grantors property in their natural, scenic, open, or wooded condition; to retain such areas as suitable for habitat for fish, plants, or wildlife; to retain the structural integrity or physical appearance of sites or properties of historical, architectural, archeological, or cultural significance; and WHEREAS, the establishment of a conservation easement is required by Indian River County Comprehensive Plan Conservation Element, Policy 5.1(h) to overlay all preserved, created, or enhanced wetlands or deep water habitats (and upland butlers, as applicable) associated with development site mitigation; and WHEREAS, it may be appropriate pursuant to Indian River County Comprehensive Plan Conservation Element, Policy 6.12 to preserve certain native plant communities in viable condition with intact canopy, understory, and ground cover; and WHEREAS, it is a special condition of the Development Order that Grantor preserve, by dedicating a conservation easement, approximately 4.7 acres of cabbage palm hammock, including canopy, understory and ground cover, within the DRI property as hereinafter described; NOW, THEREFORE, Grantor, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid, by Grantee, by these presents does grant a conservation easement upon and across that real property described in Exhibit "A' (the "Easement Area") to Grantee which conservation easement shall run with the land and be binding upon the owner, its heirs, successors and assigns, and remain in full force and effect, enforceable by the Grantee either by injunction or proceeding in equity or at law, said easemet►t, subject to ATTACHMENT 3299 0 cn co tV W cn . C/.) rn -v N C) -0 x ry 0 certain uses hereinafter permitted, specifically prohibiting any of the following activities except to the extent that such activities are either required or permitted by the Development Order: (a) constructing or placing of buildings, roads, signs, billboards or other advertising utilities, or other structures on or above the ground (b) dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. (c) removal or destruction of trees, shrubs, or other vegetation, other than invasive exotic species. (d) excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface. (e) surface use except for purposes that permit the land or water area to remain predominately in its natural condition. (f) activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) acts or uses detrimental to the retention of land or water areas. (h) acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, archeological, architectural, or cultural significance. Nothing herein shall be deemed to prevent Grantor from performing such activities on, about or within the Easement Area as are either necessary or desirable in fulfilling the requirements of the Development Order or related obligations imposed by Grantee, its agents or other governmental entities. In the event that Grantor wishes to undertake an activity which is expressly prohibited by the terms of this Conservation Easement, it shall provide written notice thereof to Grantee; thereafter this Conservation Easement may be modified on terms and conditions mutually acceptable to the parties. Grantee acknowledges that 1) the granting of this conservation easement satisfies the condition and advances the intent set forth in paragraph 17 of the Development Order; and 2) such conservation easement qualifies, pursuant to Section 193.501, Florida Statutes, as a covenant or conveyance entitling Grantor to reduced valuation of the land subject thereto. Notwithstanding any provision to the contrary herein contained, Grantor reserves the right for certain passive recreational uses not detrimental to the health of the ecological system. -2_ 300 Notwithstanding any provision to the contrary herein contained, the above -stated conservation easement shall not transfer to Grantee any of the normal duties and obligations of the Grantor to maintain the fee simple property in a safe condition. Notwithstanding any provision to the contrary herein contained, the above -stated conservation easement shall not preclude the Indian River Mosquito Control District from obtaining access to the property for the purposes of mosquito inspection, treatment, and management. Notwithstanding any provision to the contrary herein contained, Grantor may convey fee simple title to that portion of the Easement Area permitted by the Development Order to be used for storm water management or treatment areas, and actually used for either of such purposes, to the State of Florida, Department of Transportation or to such other governmental agency with responsibility for State Road 60 storm water management or treatment, and the use of the property so conveyed for storm water management or treatment arras shall not be considered to be inconsistent with the provisions of this easement. In the event Grantee and Grantor (or subsequent owners of the servient estate) mutually agree that the intent of development condition 17 in the Development Order can be fulfilled by the designation and use of alternative preserve property, this Conservation Easement may be released on terms and conditions mutually acceptable to the parties. This easement shall be perpetual and shall run with the land and be binding upon all subsequent owners of the servient estate. This easement shall be assignable to other governmental bodies or agencies, charitable organizations, or trusts authorized to acquire such easements. This easement may be enforced by the Grantee by injunction or proceeding in equity or at law. This easement may be released by the Grantee to the owners of the servient estate. This easement shall be recorded and indexed in the same manner as any other instrument affecting the title to real property. The conservation easement granted herein shall be extinguished automatically in the event that the development approval granted by the Development Order shall be terminated, and the order of termination shall be recorded in the public records of Indian River County, Florida. Grantor hereby covenants that it is lawfully seized of said servient land in fee simple, and that it has good right and lawful authority to convey the easements hereby established, and will defend the same against the lawful claims of all persons whomsoever. Grantor previously executed. a Conservation Easement dated August 1, 1995 and recorded in Official Record Book 1067, Page 1179, Public Records of Indian River County, Florida, identical to this instrument. This Conservation Easement has been executed by the Executive Vice President of the Grantor and recorded on the public records in order to remove any question as to the authority of the officer who executed the instrument referred to above. -3- 301 0 v N N cn coo W 1N W1TNF,S5 WHEREOF, the Grantor has caused these presents to be executed this ''�Y of�J����.%, 1995. Si ed in the p of: 1&",L ptinted'name: Marlo Gillett STATE OF OHIO COUNTY OF MAHONING DeBartolo Realty Partnership, Limited a Delaware Limited Partnership By: DeBartolo Realty Corporation, an Ohio corporation Its Partner By: i9A. Its Senior Vice President The foregoing instrument was acknowledged before me this I1` day of e1r_.n6« 1995 by A.i , eX the Senior Vice President of DeBartolo Realty Corporation, an Ohio corporation, on behalf of and as the act and deed of said corporation, as General Partner of, and for DeBARTOLO REALTY PARTNERSHIP, Limited, a Delaware limited partnership. HeMe is personally known to me or has produced - (Passport/driver license) as identification. Rotky Public - Notary's name: Pik. •� . GfT/�C/'� State of Ohio at Large. My Commission Expires: CommissionNo.: - REBECCA E. LUTHERN, Notary Public State of Ohio My Commission Expires May 3. 1999 4- 302 0 C:) �.J N -a N ch 00 X- Exhibit "A' INDIAN RIVER MALI., PRESERVE PARCEL 4.700 ACRES Beginning at a point being 50.00 feet east and 30.00 feet south of the Northwest comer of the Northwest one-quarter of Section 5, Township 33 South, Range 39 East; thence nun parallel to the West line of said Section 5, S 001 01' 21" W a distance of 2458.03 feet to a point on the North right-of-way line of State Road 60; thence along said North right-of-way line N 89° 52' 25" 1, a distance of 1277.97 feet to a point; thence leaving said North right-of-way line N 00° 02' 43" E, a distance of 497.58 feet to a point; thence S 89° 50' 24" E, a distance of 619.04 feet to a point; thence S 00° 02' 'W W, a distance of 494.52 feet to a point on the North right-of-way line of State Road 60; thence along said North right-of-way N 89° 52' 37' E, a distance of 229.12 feet to the principal point and place of beginning of the following description: Thence due North, a distance of 368.58 feet to a point; thence N 45° 00' 00" W a distance of 65.64 feet to a point; thence due North a distance of 85.00 feet to a point; thence due East a distance of 225.00 feet to a point; thence S 550 53' 54" E a distance of 327.27 feet to a point; thence due South, a distance of 315.55 feet to a point on the North right -of -w -ay line of State Road 60; thence along said North right-of-way line S 890 52' 37" W, 449.58 feet to the principal point and place of beginning and containing 4.700 acres of land more or less. a This instnunent prepared by: William J. Stewart, Esq. a Stewart & Nall, P.A. tv P. O. Box 3345 Vero Beach, FL 32964-3345 ry to CO cut -5- 303 .� .. , � ��.�•-4`rsyrt � rte, .' > `..i� r 'J.� / oU 'Q1 o cs $ x c 8 e w o m,o g 'oq'i t "SR O } _ 1 .�-~' LLI t LO` 3 M PY1A N LU cn LL 0 1�-74~�}2 CKERRYS fONE� S G 6 _ OIm WAY a�-•p r Q y�r pn IK +A P7 � a � • n 3 o g g• 4 • r �r ,� 11 Th, 11 ....... . . . . . . . . . . . . . . . . . . . . . . 09 11 09 11 P4 . qM oz la 14 Kimley»>Horn Memorandum To: Roland DeBlois, Chief, Environmental Planning Indian River County From: Lynn Kiefer Kimley Horn & Associates, Inc. Date: April 9, 2018 RE: Data and Field Review Lot 5 Indian River Mall Subdivision and Potential Replacement Properties - Siew and Kinner Parcels Indian River County, FL Kimley-Horn and Associates, Inc. (Kinley-Horn) conducted field reconnaissance on November 15, 2016 at the Lot 5 Indian River Mall parcel to assess the current ecological condition of the parcel. Following several months of coordination with the County regarding the potential release of the conservation easement on this property, two parcels, Siew and Kinner properties, were identified as potential replacement property if the conservation easement was released. Kimley-Horn conducted field reconnaissance on March 2, on the Siew and Kinner Properties. The results of the field reviews are presented herein. Project Background Lot 5 is an approximately 4.7 -acre site that was placed into a conservation easement as part of the Indian River Mall Development Order (DO). The primary purpose of the easement was to preserve wildlife habitat, protect the hand,fern (Ophioglossum palmatum), which at the time was present on site, and to provide green space within the Development of Regional Impact (DRI) for the Mall. As you are aware, our client is proposing to develop ,Lot 5 and has been working with the County to determine if the conservation easement can be modified.. Based on the field review at Lot 5, no hand fern was observed and the ecological value of the property was considered low due to onsite disturbance and lack of maintenance. To develop Lot 5 and release the easement, Indian River County.requested that our client purchase and then donate a property within the County with a higher ecological value than Lot 5. Indian River County provided the Siew parcel as a potential site because it is located adjacent to existing County conservation lands associated with Round Island and has been considered in the past for acquisition by the County. Indian River Land Trust identified the Kinner Property as another potential option, and it too is located adjacent to existing conservation areas. kimley-horri'com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100 all Ki m l ey )�� 1 101 n Page 2 Typically, when evaluating replacement property, "like for like habitat replacement" is preferred. However, in some cases if the property to be replaced is of low quality, common in a geographical area or does not exhibit any unique characteristics, replacement property can be of a different type if greater ecological value is achieved. Generally, replacement is defined by a mitigation ratio or some other type of assessment that provides for replacement acreage. But based on discussions with the County, the consideration for releasing the easement on Lot 5 is not strictly based on a mitigation ratio or a given acreage amount. Several other factors are being considered by the County to determine if the Lot 5 conservation easement can be released. For the purposes of this memo, an ecological assessment Lot 5, Siew and Kinner properties has been performed to determine if there is an ecological lift with the replacement properties. In evaluating ecological value for the parcels, the following was considered: • Geographic location and setting • Location and size of other conservation areas near the site • General description and condition of the exiting habitat • Presence of exotic or nuisance vegetation Field Reconnaissance Lot 5 Property - Parcel No. 33-39-05-00007-0000-005.0 Field reconnaissance included walking transects throughout the subject property searching for the hand fern and assessing the overall quality of the parcel. Photographs were taken of the property and are included in Appendix A. Canopy vegetation included cabbage palm (Sabal palmetto), laurel oak (Quercus laurifolia), live oak (Q. virginiana), sweetgum (Liquidambar styraciva), Brazilian pepper (Schinus terebinthifolius), and Queensland umbrella tree (Schefflera actinophylla). The mid -story was mostly comprised of young cabbage palm. The understory was comprised of wild coffee (Psychotria nervosa), muscadine (Vitus rotundifolia), American beautyberry (Callicarpa americana), air potato (Dioscorea bulbifera), Caesar's weed (Urena lobata), poison ivy (Toxicodendron radicans), and sword fern (Polystichum spp.). The stormwater pond to the south of Lot 5, adjacent to SR 60, was comprised of Carolina willow (Salix carolinana), primrose willow (Ludwigia spp.), and cattail (Typha spp.), and had an edge of saw palmetto (Sabal palmetto) and wax myrtle (Myrica cerifera). Based on the most current list of invasive plant species (Florida's Exotic Pest Plant Council's 2015 List of Invasive Plant Species) Brazilian pepper, Queensland umbrella tree, air potato and Caesar's weed are considered Category I invasive exotic species. Category I is defined as "invasive exotics that are alternating native plant communities by displacing native species, changing community structures or ecological functions or hybridizing with natives". The exotic species were observed not only along the kirnley-hom.com 445 24th Street, Suite 200, Vero Beach, FL 32960 Ki1 11'epMo n Page 3 disturbed edges, but also scattered throughout the site. Without maintenance, it is expected these exotic species will continue to increase in percent coverage. Overall, the canopy appeared unhealthy due to several trees having little new leaf growth and lacking full crowns. This is likely due to this parcel being unmaintained and surrounded by commercial development. There was also limited understory growth due to a high percentage of the ground being covered by cabbage palm fronds. A native cabbage palm hammock typically encounters wildfires, which helps to deplete the ground cover of palm fronds. As part of the review, we also evaluated if there were some large diameter trees that may be saved as part of the development. During field reconnaissance, a few live oaks and laurel oaks were observed and may be considered a specimen tree under the County's code of ordinances, therefore DBH was measured and are shown in Table 1. Figure 1 shows the. location of the specimen trees. Many of these trees have been incorporated into the concept plan previously presented to the County. No hand ferns were observed throughout the property. The preferred habitat for this species is in the boots of cabbage palms in maritime and wet hammocks. Although Lot 5 contains a large amount of cabbage palms, this habitat would not be considered a maritime or wet hammock. When the Indian River Mall was constructed, this area became isolated from natural drainage patterns and most likely affected the drainage in this area. One of the identified causes to loss of this species is the change in drainage. The fencing was down in a few areas and evidence of dumping and potentially human occupancy of the area was observed though this was not throughout the preserve or severe in nature. Wildlife, or evidence of wildlife, seen during field reconnaissance included grey squirrels, two armadillo burrows, and possible bobcat scat. However, due to the small size of the parcel, the change kimleyhorn.com 442411Street�Suit�200%Vero Beach%E%32960' 772 79400 41 G1: 1 28 Laurel Oak 27.6405, -80.4563 2 26 Laurel Oak 27.6404, -80.4562 3 16.5 Laurel Oak 27.6398, -27.4559 4 19.5 Laurel Oak 27.6398, -80.4559 5 19 Laurel Oak 27.6395, -80.4555 6 26.5 1 Live Oak 27.6398, -80.4553 7 26 1 Laurel Oak 27.6402, -80.4554 No hand ferns were observed throughout the property. The preferred habitat for this species is in the boots of cabbage palms in maritime and wet hammocks. Although Lot 5 contains a large amount of cabbage palms, this habitat would not be considered a maritime or wet hammock. When the Indian River Mall was constructed, this area became isolated from natural drainage patterns and most likely affected the drainage in this area. One of the identified causes to loss of this species is the change in drainage. The fencing was down in a few areas and evidence of dumping and potentially human occupancy of the area was observed though this was not throughout the preserve or severe in nature. Wildlife, or evidence of wildlife, seen during field reconnaissance included grey squirrels, two armadillo burrows, and possible bobcat scat. However, due to the small size of the parcel, the change kimleyhorn.com 442411Street�Suit�200%Vero Beach%E%32960' 772 79400 41 G1: Kimley»>Horn Page 4 in natural drainage patterns, the lack of management or ability to manage the preserve, the lack of connectivity with other natural areas and the urban environment surrounding this area, wildlife utilization and ecological vitality is considered low. It is anticipated that this area will continue to degrade over time with no management. Siew Property — Parcel Id #s 33402700000004000007.0, 33402800000004000008.0, 33402800000004000007.0 and 33402800000004000006.0 This property consists of four undeveloped parcels totaling approximately 9.17 acres (see Figure 2 — Siew Property Location Map and Figure 3 — Siew Property Aerial with Habitat Types Map) in the Oyster Bay. Subdivision. The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) was used to delineate the different habitat types within the property, as shown on Figure 3. The property is located at the end of Hidden Pearl Place and is the last single-family, undeveloped lot in the subdivision. The property is bordered to the south by land owned by Indian River County, to the north and west by the Indian River Lagoon and to the east by single family residences in Oyster Bay. Most of the site and the County lands to the south consists of mangrove marshes and are part of the Oyster Bar Impoundment. These impoundment areas are treated and managed for mosquito control and have been reconnected via culverts and pumps to the Indian River Lagoon allowing for water exchange between the lagoon and the marshes. A man-made berm is located along the lagoon edge of the property. A majority of the 9.17 acres consists of a mangrove swamp wetland comprised of 90% red mangrove and 10% black mangrove. There was a small area adjacent to Oyster Bay Drive which would be classified as upland hardwood forest. The upland hardwood forest included some Brazilian pepper (an exotic), seagrape, cabbage palm; and wild coffee. Wildlife, or evidence of wildlife, seen during field reconnaissance included brown pelican, osprey, northern cardinal, tree swallows, and blue land crabs. Even though the site has some exotic vegetation, the overall condition of the site is good and provides high quality habitat. From a geographic location and setting, the site is somewhat secluded and removed from roads or other development. This provides greater diversity of potential wildlife usage and less impact from roads, cars, and other human disturbances. The site is almost twice the acreage of Lot 5, but the site if acquired would be part of a larger conservation area. Though not all the Oyster Bay impoundment is in public ownership, approximately 129 acres is owned by either Indian River County or Indian River Land Trust for conservation. The remaining areas in private ownership consists of mostly mangrove marsh and thus would most likely remain undeveloped. Having larger contiguous conversation areas adds to the overall higher quality of this site as compared to Lot 5. m p Ki 1 1 1 epM 0r1 1n 1 Page 5 Kinner Property — Parcel Id # 32391100000003000003.0 This property consists of one parcel totaling approximately 10.3 acres (see Figure 4 — Kinner Property Location Map and Figure 5 — Kinner Property Aerial with Habitat Types Map). FLUCFCS was used to delineate the different habitat types within the property, as shown on Figure S. The property is located south of Quay Dock Road and north of 63'd Street. The property is adjacent to a single-family home and additional mangrove marsh to the north, fallow grove to the west, mangrove marsh owned by Indian River Land Trust to the South and the Indian River Lagoon to the east. A majority of the property can be classified as mangrove swamp consisting of approximately 50% red mangrove and 50% black mangrove. There was a small area located in the western portion of the property which consisted of a stand of Brazilian pepper, however this area was isolated and Brazilian pepper was not found in other parts of the property. Wildlife, or evidence of wildlife, seen during field reconnaissance included turkey vultures, northern cardinal, red -shouldered hawks, and a black racer. Even though the site has some exotic vegetation, the property can be considered high quality habitat. Furthermore, unlike the Siew property, this system is directly connected to the Indian River lagoon and subject to daily tidal fluctuations. This allows for potentially greater vegetative and wildlife diversity. From a geographic location and setting, the site is secluded and removed from roads or other development. This also can enhance the diversity of potential wildlife usage by reducing the potential effects from roads, cars, and other human disturbances. The site is twice the acreage of Lot 5, but the site if acquired would be part of a larger conservation area. Approximately, 49 acres south of the site are owned by the Indian River Land Trust for conservation. However, the area to the west is in private ownership and could potentially be developed in the future. The future influence or disturbance and its effect on the ecological condition of the Kinner property is unknown. The Future Land Use on the property is L-1, single family low density and the zoning is RS -1 (residential, 1 dwelling unit per acre) and RS -3 (residential, 3 dwelling units per acre). Thus, future development would be expected to be low intensity. See Appendix B for a photographic log of Lot 5, Siew and Kinner properties. Conclusion In comparing the Kinner or Siew properties to Lot 5 Indian River Mall Parcel, either property provides greater ecological value than Lot 5. Both the Kinner and Siew parcels are larger in size and have more diverse habitats and potential for wildlife utilization; however, one is not preferable over the;other. Kimley»>Horn Figures Feet 44 0 100 • `� `ate � DBH1, �i ,:1 t DAHT x m 9i k h 0 S m >vyeV,.e4�.4': Z'yy'R�.�.( k"' '' `: !+" `*„ .J,',,;,:, i... <,e_v: E Legend e W Q Project Limits CO O DBH Y Source: Aerial courtesy of ESRI� DBH data courtesy of KHA Kimley>>> Horn Diameter at Breast Height DBH Tree Ma Lot 5 Indian River Mall © 2016 Kimley-Horn and Associates, Inc. Indian River Count Florida y' 445 24th Street, Suite 200, Vero Beach, FL 32960 312 Phone (772) 794-4100 www.kimley-hom.com 1 inch = 100 feet PROJECT NUMBER: 147022001 1 DECEMBER 2016 FIGURE 1 RAJA Indian River County `;SI n. AIA - FL 713 �. _ i-- - - - _ -` fir. .. _ . - . . _ - - - R 713 1 i f St Chrctopher_tbne r Hdrboriane �I i� � $emtn0l!$hOreS lane r r\ Dunmore lane_ Oyster Ow D"Ve 3 4'1 �/ E � � 5 RjA1A W c �1 m 1 " r r \! itt1 !�' _ _ '/ / - k'est Bea[hs'ye Lane . 1 C L I RE LTI Legend .�r• Z-/�� - �i �` L 0 125250 Y Q Siew Property �: 011= Feet Kimsey))) Horn Siew Property Location Ma Ecological Assessments for Indian River County Properties © 2018 Kimley-Horn and Associates, Inc. Indian River County Florida 445 24th Street, Suite 200, Vero Beach, FL 32960 313 Phone (772) 794-4100 Fax(561)863-8175 1 inch = 500 feet PROJECT NUMBER: 147022001 1 MARCH 2018 FIGURE 2 www.kimley-hom.com Feet 0 200 Legend MSiew Property FLUCFCS Code: Description J! 420: Upland Hardwood Forests 612: Mangrove Swamp Kim l ep Horn Stew PropertV Aerial with Habitat Types Ecological Assessments for Indian River County Properties © 2018 Kimley-Hom and Associates, Inc. Indian River County, Florida 445 24th Street, Suite 200, Vero Beach, FL 32960 314 Phone (772) 794-4100 www.kimley-hom.com 1 inch = 200 feet PROJECT NUMBER: 147022001 MARCH 2018 FIGURE 3 . Us 1 i , +� y Indian River Shores J ` 1 Indian River County US i I' �r,� l f 'l -- FLAIA . i � F IN � VLV V 1 603 Road- � i J• r v 1L V�cr^ r a m rbados c ` St Lucia circ a o J S w c 1 m h J 1 O N O 1 n 1 d E 1 w1 Legend T, 250 500 Y Q Kinner Property 10 1111111111111111= Feet ei icea erCre its: oration ata courtesy of ESRI2018 Kim ley>>)Horn Kinner Property Location Ma Ecological Assessments for Indian River County Properties © 2018 Kimley-Horn and Associates, Inc. 445 24th Street, Suite 200, Vero Beach, FL 32960 Indian River County Florida , 315 Phone (772) 794-4100 Fax(561)863-8175 www.kimley-hom.com 1 inch = 700 feet PROJECT NUMBER: 147022001 MARCH 2018 FIGURE 4 Kimley>»Horn Appendices 445 201 Street, Suite 200, Vero Beach, FL 32960 -77 r, �, I-k� 17. , A *71 VN 'Ir Is- 21 Photos of stormwater pond along SR 60, southern edge of property SITE RECON Lot 5 Indian River Mall Subdivision Parcel No. 33-39-05-00007-0000-00005.0 Indian River County, FL Appendix A IDecember 2016 1 Scale: NTS Kimley3 iorn Siew Property -- Upland Hardwood Forest FIELD RECONNAISSANCE PHOTOS Siew and Kinner Properties Indian River County, FL March 2018 1 Scale: NTS Immley3t1iorn I ,-,}T�� ��t��,j'^��►r = �'�� tr,,i, R,,.s�A�`•-.•�..y�`.. ; j L 1 t F !'-.t r �' Of /'4 711�, t ;,; • �\, � �'w„�.:" �,,��b�� � ',, r 1�•5 4�r�r . 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'r i` i.y�. j � � / � -, � �����y.. 1 d�it� �' S ���;' }/tax-fi�� j '� � '�r . ._r,,,1`ZU,-�. - i~'r 'NK 9�' l.; �� !'O•�R-r _� \ 1yR i',�J+� v-i�. �Tc' ,�'7 �� r _ _ �.*i s� n •► t,y k y!!f •o.,! ,4-'���'+ _F '�'j t f .R r !f sy/'¢ •c,` �rL'rsJ • 1 �4�;� hr(, i r y:_ •�•- 07 a %>, j ♦ :R .( _ �� ... r y�� �t\ `�Y'~rt•iIt� �1 �F' f (�j-; r /. r•d J' l' �+ •\ '" ` 10 3— 1 SW6lu.a wa u _ v uNf10'J a3ma NVIONI fax ocseooz rr �mx'wx-.n� we� rocrc v ro¢nmo me nrs �rnmoB ]erom avec L5555 sas 505 .emm Q K Psi p 2 — I �.snnosro*xmx-�x��«e //� UJOH<«Ai)1w1� a'a >txrnrread N. Sr C102 it LI nva NVId 31lS 9101 r �vai S log-rvai ioaom rxv f 2 W �Ri e U G Q - Q 3ANG SS300V ® IIVW UMU NVIONI pad ` 4 j PSI fax Z Z_ c�� -- Q K Psi p 2 — I AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND REDEVGROUP, INC. THIS AGREEMENT is made and entered into this day of , 2018, by and between Indian River County, Florida, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, ("County"), and REDEVGROUP, INC., a Florida Profit Corporation, 1826 US Highway 1, Vero Beach, FL 32960 ("Developer"). WITNESSETH WHEREAS, on July 19, 1994 Indian River County issued Resolution 94-93 ("Development Order"), approving the Indian River Mall as a Development of Regional Impact ("DRI"); and WHEREAS, one condition of the Development Order required that the developer of the DRI dedicate a Conservation Easement over approximately 4.7 acres of cabbage palm hammock within the! DRI property ("Lot 5"), for protection of wildlife; protection of upland habitat; protection of hand fern; and to assist the County in its efforts to maintain State Road 60 as an attractive gateway corridor; and WHEREAS, the Conservation Easement was recorded in O.R. Book 1072, Page 2581, Public Records of Indian River County, Florida ("Conservation Easement"). WHEREAS, the factors supporting the conservation easement over Lot 5 have diminished by the passage of time as the parcel experienced a significant decrease in wildlife and upland habitat preservation, most specifically due to the disappearance of hand fern from the site. Also of significance is that Lot 5 is not accessible to the public and is currently unmaintained and unmanaged: and WHEREAS, the dedication of the conservation easement over Lot 5 specifically contemplated a future swap or trade if conditions changed by the passage of time; and WHEREAS, there are alternative sites in the County which would provide greater ecological value and greater public benefit than that which is provided by Lot 5; and WHEREAS, County has determined that the public interest could be best served by releasing Lot 5 from the Conservation Easement and from the Development Order to permit responsible commercial development of the site, in accordance with approved development standards, in exchange for title to one of the alternative sites which would provide greater ecological value and greater public benefit to the County; and WHEREAS, County and Developer have determined that they are able to assist each other to accomplish their mutual goals, provided Developer is able to deliver to County title to one of the alternative sites, and further provided County releases Lot 5 form the Conservation Easement and from the Development Order. 1 RedevGroup/IRC Agreement 327 NOW, THEREFORE, for in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, County and Developer hereby agree as follows: 1. The foregoing recitals are incorporated as if fully restated herein. 2. On or before December 20, 2018, Developer shall cause to be conveyed to the County title to one of the following described properties; free and clear of all liens, save property taxes and assessments which are not due: Property 1: "The Alice Siew Property", See Exhibit "A", attached hereto and made a part hereof Property 2: "The Kinner Property", See Exhibit `B", attached and made a part hereof, together with $291,819.00. Developer shall pay documentary stamps on the conveyance, and property taxes shall be pro -rated to the date of closing. County may elect to purchase title insurance at its own cost and expense. 3. Simultaneously with delivery of title of one of the above-described properties by Developer, County shall release Lot 5 from the Development Order and from the Conservation Easement, by execution of a document which shall be recorded in the Public Records of Indian River County, Florida. 4. Also simultaneously, Developer shall record a Declaration of Restrictive Covenants which will restrict the development of Lot 5 with the following standards: a. The combined pervious and storm water areas are not to be less than 44% of the total property area. No building or pavement shall be constructed within the southern most 75' of property (this area shall be used for landscaping, water retention and signage). b. A minimum of six (6) specimen trees shall be preserved. c. No single building footprint shall exceed 7,200 square feet, and onsite buildings shall be separated by a minimum of 50 feet. d. State Road 60 criteria, parking, setbacks and buffers shall apply per code. 5. Attached hereto as Exhibit "C" is an example of a site plan which complies with the covenants described above. 2 RedevGroup/IRC Agreement 328 6. Developer acknowledges that in addition to the restrictions described above, all other provisions of the Indian River County Land Development Regulations applicable to site plan approval for Lot 5 shall apply. 7. This Agreement is contingent upon Developer's ability to deliver to County good and marketable title to either Property A or Property B (together with $291,819.00) on or before the date specified, failure of which shall operate as a termination of this Agreement (unless modified in writing by the parties), releasing each party from all obligations hereunder. In the event of any litigation arising out of this Agreement, the prevailing party shall recover attorney's fees and costs from the non -prevailing party. 9. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. Time shall be of the essence. 10. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 11. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. 12. The County and the Developer shall grant such further assurances and provide such additional documents as may be reasonably required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 13. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. 14. All words, terms, and conditions contained herein are to be read in concert each and with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. 15. In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration 3 RedevGroup/IRC Agreement 329 of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided same does not frustrate the intention of the parties, as set forth in this Agreement. REDEVGROUP, INC., a Florida Profit Corporation By: Print Name: Its: WITNESS: WITNESS: (Corporate seal is acceptable in place of witnesses) BOARD OF COUNTY COMMISIONERS INDIAN RIVER COUNTY, FLORIDA By: Print Name: Its: BCC Approved: Attest: By: _ Name: (Approved as to Form and Legal Sufficiency) 4 RedevGroup/IRC Agreement 330 Exhibit GOA" Parcel 1: Government Lot 4, Section 27, Township 33 South, Range 40 East, less the North 1,100 feet, less road right of way, and less and except that portion for Genesea Subdivision, recorded in Plat Book 11, Page 7, and less that portion for Oyster Bay Subdivision, recorded in Plat Book 12, page 96, both of the Public Records of Indian River County, Florida. Parcel 2: Government Lot 4, Section 28, Township 33 South, Range 40 East, less and except the North 1,100 feet thereof, lying and being in Indian River County, Florida. Parcel 3: The South 220 feet of the North 1,100 feet of Government Lot 4, Section 28, Township 33 South, Range 40 East, lying and being in Indian River County, Florida. Parcel 4: The South 110 feet of the North 880 feet of Government Lot 4, Section 28, Township 33 South, Range 40 East, lying and being in Indian River County, Florida. TOGETHER WITH an easement of ingress and egress for access over, across and through all of the streets, roadways and .river crossovers forming part of the common areas of Oyster Bay Subdivision, as referenced in the Declaration of Restrictions for Oyster Bay Subdivision, recorded in Oficial Records Book 828, page 1165, of the Public Records of Indian River County, Florida. 331 Exhibit "B" From the Southwest corner of Government Lot 3, Section 11, Township 32 South, Range 39 East, Indian River County, Florida, run Northerly along the West boundary line of said Government Lot 3, a distance of 150.27 feet to a concrete monument, which said monument is the point of beginning; thence run Easterly and parallel to the South boundary line of Government Lot 3, a distance of 1,170.04 feet, more or less, to the Indian River; thence meandering northwesterly along the Indian River, a distance of 490 feet, more or less, to a point, which said point is at the end of a line parallel to the South boundary line and 582.27 feet north of the South boundary line of Government Lot 3; thence run Westerly and parallel to the South boundary line of Government Lot 3, a distance of 908.61 feet, more or less, to a cast iron pipe located on the West boundary line of Government Lot 3; thence run South and along the West boundary line of Government Lot 3, a distance of 432 feet to a concrete monument which is the point of beginning, containing 10.30 acres, more or less, together with riparian rights thereunto appertaining, or littoral rights thereto. 332 Exhibit "C" A��55�.W; - .-M I r Ox n "P4 IF- -1 rx Z. 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A E N O L Oar Z75 < O u < c H Cn •1 m /\ 333 T9. -17 O cn U a) Ln .0 o O O 0) Q O N O N O +" O E U ' +- 4- N O ) U V) 0 .X •N O O "' O O O •- N Q O - _U O O Q O (D -0 -0 O (O O O O O N A A 333 T9. -17 a)0-1--C—C: } O 0. .- 0 N 00 QOOO�VO UO�O��O O�O0��U ..,_ 3.0 0 -4— 0 4- 0-0 v, 0) U)U 0) O -O �Q O c— O O - J 0 0Q) OQ 4)V) QUO .Q0 a)-0•U�Q c i Q"L VOA A �c� 333 -1fl /RN:)5l DEPARTMENTAL MATTERS INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: June 4, 2018 SUBJECT: Distinguished Budget Presentation Award Fiscal Year 2017/2018 FROM: Michael Smykowski Director, Management & Budget Following is notification received from the Government Finance Officers Association (GFOA) awarding Indian River County, Florida, the Distinguished Budget Presentation Award for the current fiscal year 2017/2018. A Certificate of Recognition has also been presented to the Office of Management & Budget as the department designated as being primarily responsible for having achieved the award. This is the twenty-seventh consecutive year that the Office of Management & Budget has received this award. 334 DOGovernment Finance Officers Association 203 North LaSalle- Street, Suite 2700 Chicago, Illinois 60601-1210 3 12.977.9700 f 7x: 312.977.4806 May 3, 2018 Michael R. Smykowski Budget Director Indian River County 180127th Street, Bldg A Vero Beach, FL 32960-3388 Dear Mr. Smykowski: We are pleased to inform you, based on the examination of your budget document by a panel of independent reviewers, that your budget document has been awarded the Distinguished Budget Presentation Award from Government Finance Officers Association (GFOA) for the current fiscal period. This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant achievement by your organization. The Distinguished Budget Presentation Award is valid for one year. To continue your participation in the program, it will be necessary to submit your next annual budget document to GFOA within 90 days of the proposed budget's submission to the legislature or within 90 days of the budget's final adoption. A Distinguished Budget Program application is posted on GFOA's website. This application must be completed and accompany your next submission. (See numbers 12 and 13 on page 2 of the application for fee information and submission instructions.) Each program participant is provided with confidential comments and suggestions for possible improvements to the budget document. Your comments are enclosed. We urge you to carefully consider the suggestions offered by our reviewers as you prepare your next budget. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for its having achieved the award. Enclosed is a Certificate of Recognition for Budget Preparation for: Office of Management and Budget Continuing participants will find a brass medallion enclosed with these results. First-time recipients will receive an award plaque that will be mailed separately and should arrive within eight to ten weeks. Also enclosed is a camera-ready reproduction of the award for inclusion in your next budget. If you reproduce the camera-ready image in your next budget, it should be accompanied by a statement indicating continued compliance with program criteria. The following standardized text should be used: Washington, DC Office Federal Liaison Center, 660 North Capitol Street, NW, Suite 410 • Washington, DC 20001 • 202.393.8020 fax: 20230780 www.gfoa.org Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 a 312.977.9700 fa.r: 312.977.4306 Michael R. Smvkowski May 3, 2018 Page 2 Government Finance Officers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to Indian River County, Florida, for its Annual Budget for the fiscal year beginning October 1, 2017. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as a financial plan, as an operations guide, and as a communications device. This award is valid for a period of one year only. We believe our current budget continues to conform to program requirements, and we are submitting it to GFOA to determine its eligibility for another award. A press release is enclosed. GFOA encourages you to make arrangements for a formal presentation of the award. If you would like the award to be presented by a member of your state or provincial finance officers association, we can provide the name of a contact person for that group. We appreciate your participation in this program, and we sincerely hope that your example will encourage others in their efforts to achieve and maintain excellence in governmental budgeting. The most current list of award recipients can be found on GFOA's website at www.gfoa.org. If we can be of further assistance, please contact the Technical Services Center at (312) 977-9700. Sincerely, Michele Mark Levine Technical Services Center Enclosure Washington, DC Office Federal Liaison Center, 660 North Capitol Street, NW, Suite 410 • Washington, DC 20001 • 202.393.8020 fax: 202 jj�.0780 SR'w w. gfoa. org obi • I� C•� A t— en M � bo tt .� a w a0 p ti o� 0 U O U +.• N "� 2 O 3 Q U N C h oo Q A t— en M INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director Stan Boling, Community Development Director SUBJECT: Unmaintained County Roadway Analysis DATE: May 21, 2018 DESCRIPTION AND CONDITIONS On October 3, 2017 the Board of County Commissioners discussed the issue of unmaintained County roads. The Board discussed several options for a possible long-term policy/solution to address the current situation whereby the County does not maintain roadways that have not been physically constructed to a maintainable roadway standard and therefore.are designated as unmaintained County roadways. The Board directed staff to research the following: Research using MSTU/MSBU grading districts in a couple of areas of the County. Review roadway conditions and right-of-way availability to meet current County standards for low volume maintainable unpaved roadways. Provide a projected cost for providing grading services and a cost for construction of maintainable unpaved roads in locations where the roads are not currently maintained by the County. Partner with the Indian River Farms Water Control District (IRFWCD) to discuss the best use of road and canal right-of-way and how we can work together to allow for low volume roads to co -exist with the drainage systems. In response, staff mapped and evaluated County right-of-way conditions, focusing on areas outside the Urban Service Area. Staff did not focus inside the Urban Service Area since a much higher level of infrastructure already exists in that area and because infrastructure deficiencies in that area are generally "cured" via development requirements borne by new development. Staff also utilized the 2004 Indian River County Unmaintained Road Planning Study (2004 Study) that was completed to address this same topic. Please note, the 2004 study stated that there is a total of 142 miles of unmaintained roadways in the County. A special thanks is extended to the GIS staff for working diligently to develop the Study Area Maps so that this analysis could be accomplished. Staff looked at three areas of the County outside of the Urban Service Area. The following three study areas were chosen due to the pattern and concentration of unmaintained rights-of-way mixed with County maintained unpaved roadways. These areas represent the partially developed portions of the County outside the Urban Service Area. Study Area 1 is located south of 16th Street to the St. Lucie County line and from 58th Avenue west to 82nd Avenue. See the attached map for Study Area 1. 338 J Page 2 of 7 Unmaintained County Roadway Analysis BCC Agenda Item for June 5, 2018 • Study Area 2 is located west of 1-95 from SR -60 to the St. Lucie County line., See the attached map for Study Area 2. • Study Area 3 is generally located in the unincorporated areas around Fellsmere area. See the attached map for Study Area 3. Study Area 1 Study Area 1 consists of the following: County Roads in Study Area 1 Total Length (Miles) Paved Unpaved Paved Collector Roads and Above 12.02 12.02 33.85% Paved Local Roads 3.6 3.6 66.15% Right of, Way, not Maintained 7.23 8,005 7.23 Maintained Unpaved Roads 20.68 20.68 Parcel Status in Study Area 1 Number of Parcels Total Acreage Total Acreage Developed 922 2,709 33.85% Undeveloped 419 5,296 66.15% Total 1,341 8,005 100% Based on the tables above the County currently maintains 20.68 miles of unpaved roadways in Study Area 1. The County wide annual operating cost per mile for a grader is $3,129. This equates to a cost of $64,707 per year (20.68 x $3,129) for a grader to operate in Study Area 1. If the County was to construct maintainable unpaved roadways within the 7.23 miles of unmaintained rights-of-way, the yearly cost for maintenance would be $87,330 (27.91 x $3,129) for a grader to operate within Study Area 1. Unpaved roads require additional stabilized material to be added yearly as part of the grading and maintenance process. On average, approximately seven (7) truckloads of stabilized material are added to each mile of an unpaved road on a yearly basis. That equates to approximately 144 truckloads of material in Study Area 1 at a cost of $165 per load or $23,760 per year (20.68 x $165). The total cost for operation and maintenance of the existing County maintained unpaved roadways in Study Area 1 is $88,467 per year. The cost for operation and maintenance of all 27.91 miles of unpaved roadway is $119,566. (Please note that this does not include the cost for the initial construction required forthe 7.23 miles of currently unmaintained roadways.) Utilizing the table above, the baseline cost for maintaining 27.91 miles of unpaved roads within Study Area 1 is $14.93 per acre or $89.16 per parcel. If an MSTU or MSBU district were established, a per acre cost of $14.93, or fraction thereof, appears to be the logical choice. 339 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7018A210\@BCL@7018A210.doc Page 3 of 7 Unmaintained County Roadway Analysis BCC Agenda Item for lune 5, 2018 As an example within this study area is 13th Street SW, a one -mile segment of unmaintained roadway located between 58th and 66th Avenues. This sample segment of roadway is within a 60 -foot right-of-way split into two sections, one is a 30 -foot wide County right-of-way and the second is a 30 -foot IRFWCD drainage right-of-way. The roadway segment is approximately 5,280 feet in length. Based on current construction costs, construction of a maintainable unpaved roadway for this roadway segment would be approximately $65.00 a linear foot or $343,200 to construct, with an additional $60,000 for survey, design, and permitting, fora total cost of $403,200 per mile or $76.36 per linear foot of unpaved roadway. That assumes the existing IRFWCD ditch will not need to be enclosed, that there is sufficient right-of-way to construct an 18 -foot wide maintainable unpaved roadway segment with a minimum four -foot clear zone on both sides of the roadway, and that agreements can be reached with adjacent property owners so that stormwater runoff can be directed onto private property. It should be noted that this particular segment of roadway has a unique issue as a portion of the IRFWCD ditch was not constructed within the 30 -foot drainage right-of-way. It was constructed on the centerline of the right-of-way, which will require the ditch to be relocated to the south in order to construct the roadway or purchase right-of-way. This additional cost has not been established and is not reflected in the per linear foot cost above. As was the case in the 2004 Study and is still the case today, there is not sufficient right-of-way on a majority of the unmaintained roadways to construct maintainable unpaved roadways with the proper stormwater treatment systems. Per the Indian River County Code of Ordinances, Title IX, Land Development Regulations, Chapter 952, Traffic, Section 952.08, Right -of -Way requirements, the minimum required right-of-way for a roadway with swales is 60 -feet wide. See the attached cross-section exhibits from the 2004 Study for different conditions. There are thirteen parcels that have frontage on this sample roadway segment of 13th Street SW. However, only nine property owners would benefit from establishing an MSBU. The total frontage on this sample roadway segment is approximately 10,560 linear feet. However, four parcels, having approximately 4,700 linear feet of frontage, do not access from 13th Street SW. As such, these four parcels have not been included in the estimated linear footage cost for construction. Nine property owners having access from this roadway segment have approximately 5,860 linear feet of frontage. Assuming a per foot cost of frontage on 13th Street SW, the cost over a 10 -year period would be $6.88 per linear foot. This does not include any finance charges or administration costs for the MSBU process. For example, one property owner has approximately 650 linear feet of frontage on 13th Street SW. The yearly cost for a 10 - year period to this property owner would be $4,472 or $44,720 for a ten-year period, plus fees. In Study Area 1 there is approximately 7.23 miles of unmaintained County rights-of-way. Based on the per linear foot cost of $76.36 for design/construction of a unpaved roadway as established above, the cost to construct 7.23 miles of unpaved roadway within Study Area 1 is $2,914,997. That is a basic construction cost and it is assumed that the existing IRFWCD canals will not need to be enclosed or relocated, that there is sufficient right-of-wayto construct a 18 - foot wide unpaved roadway with a minimum four foot clear zone on both sides of the roadway, and that agreements can be reached with adjacent property owners so that stormwater runoff can be directed onto private property. 340 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@7018A210\@BCL@7018A210.doc Page 4 of 7 Unmaintained County Roadway Analysis BCC Agenda Item for June 5, 2018 Currently, construction costs for anew paved roadway is approximately $190 to $350 per linear foot depending on circumstances and conditions. It should also be noted that 14 -years ago in the 2004 Indian River County Unmaintained Road Planning Study, the cost for a linear foot of unpaved roadway was noted to be $37.00 per linear foot and $100 per linear foot for paved roadway. The cost for construction of maintainable unpaved roadways. are for outside contractors to bid and construct any unpaved roadways through the County Procurement process. Study Area 2 Study Area 2 consists of the following: County Roads in Study Area 2 Total Length (Miles) paved Unpaved Paved Collector Roads and Above 0.26 0.26 21.63% Paved Local Roads 0.14 0.14 78.37% Right of Way, not Maintained 17.71 6,836 17.71 Maintained Unpaved Roads 15.68 15.68 Parcel Status in Study Area 2 Number of Parcels Total Acreage Total Acreage Developed 62 1,479 21.63% Undeveloped 130 5,357 78.37% Total 192 6,836 100% Based on the tables above the County currently maintains 15.68 miles of unpaved roadways in Study Area 2. The County wide annual operating cost per mile for a grader is $3,129. That equates to a cost of $49,063 per year for a grader to operate in Study Area 2. If the County was to construct maintainable unpaved roadways within the 17.71 miles of unmaintained rights-of- way, the yearly cost for maintenance would be $104,477 (33.39 x $3,129) for a grader to operate within Study Area 2. As was the case in Study Area 1, approximately seven (7) truckloads of stabilized material are added to each mile of an unpaved road on a yearly basis. For Study Area 2 that equates to approximately 110 truckloads of material_ at a cost of $165 per load or $18,150 per year. The total cost for operation and maintenance of County maintained unpaved roadways in Study Area 2 is $67,213 per year. The cost for operation and maintenance of all 33.39 miles of unpaved roadway is $143,042. (Please note that this does not include the cost for the initial construction required for the 17.71 miles of currently unmaintained roadways.) Utilizing the table above, the baseline cost for maintaining 33.39 miles of unpaved roads within Study Area 2 is $20.92 peracre or $745.01 per parcel. If an MSTU or MSBU district were established, a per acre cost of $20.92, or fraction thereof, appears to be the logical choice. 341 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7018A210\@BCL@7018A210.doc Page 5 of 7 Unmaintained County Roadway Analysis BCC Agenda Item for June 5, 2018 There is approximately 17.71 miles of unmaintained County right-of-way within Study Area 2. Based on the per linear foot cost of $76.36 for the construction of a maintainable unpaved roadway as established in Study Area 1 above, the cost to construct 17.71 miles of maintainable unpaved roadway within Study Area 2 is $7,140,331. That is a basic construction cost and it is assumed that the existing IRFWCD canals will not need to be enclosed or relocated, that there is sufficient right-of-way to construct a 18 -foot wide unpaved roadway with a minimum fourfoot clear zone on both sides of the roadway, and that agreements can be reached with adjacent property owners so that stormwater runoff can be directed onto private property. Study Area 3 Study Area 3 consists of the following: County Roads in Study Area 3 Total Length (Miles) paved Unpaved Paved Collector Roads and Above 5.28 5.28 46.00% - Paved Local Roads 1.07 1.07 Total 1,262 Right of Way, not Maintained 29.20 29.20 Maintained Unpaved Roads j 39.73 39.73 Parcel Status in Study Area 3 Number of Parcels Total Acreage Total Acreage Developed 687 4,214 46.00% Undeveloped 575 4,947 54.00% Total 1,262 9,161 100% Study Area 3, the unincorporated area of Fellsmere, is unique with respect to the ownership of the right-of-way. The Fellsmere Water Control District (FWCD) is the underlying owner of a majority of the rights-of-way where drainage canals and canal maintenance roads are located within the unincorporated area of Fellsmere. The County entered into an agreement with the FWCD in 1975 to maintain, via grading, certain canal maintenance roadways within the FWCD. The Agreement was amended twice to add canal maintenance roadways to the Countygrading route. At this time, the County grades approximately 39.73 miles of canal maintenance roads within the Fellsmere Study Area. Based on the tables above the County maintains 39.73 miles of unpaved roadways in Study Area 3. The County wide annual operating cost per mile for a grader is $3,129. This equates to a cost of $124,315 per year for a grader(s) to operate in Study Area 3. As was the case in Study Area 1, approximately seven (7) truckloads of stabilized material are added to each mile of an unpaved road on a yearly basis. For Study Area 3 this equates to approximately 278 truckloads of material in this study area at a cost of $165 per load or $45,870 per year. The total cost for operation and maintenance of the existing list of County maintained unpaved canal maintenance roadways in Study Area 3 is $170,185 per year. 342 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@7018A210\@BCL@7018A210.doc Page 6 of 7 Unmaintained County Roadway Analysis BCC Agenda Item for June 5, 2018 It should be noted that the above yearly number does not include the 514 loads of stabilized material that were added to the 10 miles of previously unmaintained roadways that were absorbed into the Fellsmere grading route in FY 16-17. The cost for operation and maintenance of all 68.93 miles of unpaved roadway is $295,295. (Please note that this does not include the cost for the initial construction required for the 29.20 miles of currently unmaintained roadways.) Utilizing the table above, the baseline cost for maintaining 68.93 miles of unpaved roads within Study Area 3 is $32.23 per acre or $233.99 per parcel. If an MSTU or MSBU district were established, a per acre cost of $32.23, or fraction thereof, appears to be the logical choice. In Study Area 3 there is approximately 29.20 miles of unmaintained FWCD drainage rights-of- way within this study area. Based on the per linear foot cost of $76.36 per linear foot for the construction of a unpaved roadway as established in Study Area 1 above, the cost to construct 29.20 miles on unpaved roadway within Study Area 3 is $11,772,879. That is a basic construction cost and does not address the need for the acquisition of right-of-way, culverting of existing canals, or stormwater treatment and drainage. Staff is requesting the Board consider the following options and provide direction to staff. ➢ Option #1— Establish an MSTU or MSBU in 1, 2, or 3 of the study areas to fund existing roadway maintenance; add new County maintained roadway segments by extending the petition paving/milling process to unpaved roadways with construction costs funded by assessment (75% benefited property owners— 25% County) and maintenance funded by the MSTU or MSBU. (75%/25% split) ➢ Option #2— Establish an MSTU or MSBU in 1, 2, or 3 of the study areas to fund existing roadway maintenance and a multi-year expansion program to construct and maintain new County maintained roadway segments. ➢ Option #3 — Continue existing roadway maintenance as currently funded by the Transportation Fund: add new maintainable unpaved roadway segments by extending the petition paving/milling process to unpaved roadways with construction costs funded by assessment of 75% of the cost to the benefited property owners and 25% contributed from the Transportation fund. After construction is completed, the maintenance is to be funded by the Transportation Fund. ➢ Option #4 — Continue maintaining roadways in the current fashion and do not add additional unpaved roadway segments to the current maintenance routes. FUNDING Funding for improvements would depend upon the option selected. Once an option is selected and a cost estimate determined, a funding plan will be submitted to the Board. 343 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7018A210\@BCL@7018A210.doc Page 7 of 7 Unmaintained County Roadway Analysis BCC Agenda Item for June 5, 2018 RECOMMENDATION Staff recommends.Option #3. ATTACHMENTS Study Area Maps Cross-section Exhibits from the 2004 Study APPROVED AGENDA ITEM FOR June 12, 2018 344 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@7018A210\@BCL@7018A210.doc M N N N. 2 1SLL � N k WIL }i AV Wit:, N MS AV H14L " f- MS AV Z H14L L11/F �fi� CN ti H1tiL z .0 T y N B Q NVIONI.._ AV0NZ8 N MSAVONZ9 r pp S S HIGHWAY MS AV ONZ9 W Q 3z_ z x N N MS AV HIM ro MS 10 H14 N o w _ o li5ni j J a C N m 106 �- < U J x n — g 9 C L y I w _ F C C r+t + o z- 2 PV O rn N —00 _~— N c� 08 0 a o 0� C O r1 r, o VH1Zt KKpy Um Ul\ OF 2 U LU C `� N J HILL _ 'MS AV MSAVHIOZ • (V , 1� 'r co SLZ 3 a R I�J� 1�2 N <N 0 Q J MS AV HILZ y >u a 3 W � 4. Q -- oa=�=N�m =• c c8 o m y N m (0 p C G0 G v O Su o w N Z > _VH1SE 00 t; s c D .' 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LESS THAN 50 AADTs '�CANAL 60' ROAD R—❑—W - R—❑—W DRAINAGE SWALE "-�6" STABILIZED SUBGRADE FBV = 75, 98% COMPACTION PER AASHTO T-180 4" COQUINA BASE 8" STABILIZED SUBGRADE LBR = 100, 100% COMPACTION FBV = 75, 98% COMPACTION PER AASHTO T-180 PER AASHTO T-180 AS REQUIRED ALT II (SEE NOTE 2) 50 to 400 AADT's CANAL 90' ROAD R—❑—W R—O—W DRAINAGE SWALE 6 �6" STABILIZED SUBGRADE \ FBV = 75, 98% COMPACTION PER AASHTO T-180 J=OO, COQUINA BASE 10" STABILIZED SUBGRADE 1 6'SHOULDER % COMPACTION FBV = 75, 98% COMPACTION 2� 18' GRADED TRAVEL WAY PER AASHTO T-180 PER AASHTO T-180 ® 20'GRADEDTRAVELWAY 1 1/2" TYPE S-1 ASPHALT 28' DRAINAGE ALT III ® MANDITORY FOR SMALL LOTS ® OPTIONAL FOR LARGE LOTS 400+ AADT's - Q 14'- 25' CLEARANCE FOR CANAL MAIM` 5 22'PAVEMENT © 14' SHOULDER NOTES: 1) THE ROAD R -O -W WIDTH COULD VARY DEPENDING ON THE FINAL DESIGN OF THE DRAINAGE SYSTEM 2) THE ADDITIONAL REQUIRED R -O -W WIDTH VARIES WITH THE LOCATION OF THE EXISTING DITCH. 348 3) THESE ROADS SERVE LARGE 5t ACRE AND SMALL 3 ACRE LOTS PAGE ROADS WITHOUT SUBLATERAL CANALS EXISTING LIMITED DRAINAGE DRAINAGE _SWALE— 60' R -❑-W ALT IV LESS THAN 50 AADT's 60' R -❑-W 1 ,IL DRAINAGE SWAL 6" STABILIZED SUBGRADE FBV = 75, 98% COMPACTION PER AASHTO T-180 8" STABILIZED SUBGRADE FBV = 75, 987. 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C. 6.12.18 Oce of INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Atto ey DATE: June 4, 2018 SUBJECT: Amendment 1 to Oyster Reef Project Grant BACKGROUND: The Florida Department of Environmental Protection (FDEP) received funding pursuant to line item 1662A of the FY 2015/2016 General Appropriations Act to provide financial assistance for the Indian River County Oyster Bed Project. On March 8, 2016, FDEP entered into grant Agreement No. S0839 with Indian River County. The grant committed, on a cost reimbursement basis, up to a maximum of $50,000 for the construction of an oyster bed project within the vicinity of the 45th Street drainage ditch. The intent of the grant was to construct an oyster reef project as a way to improve water quality conditions of discharges from the 45th Street drainage ditch into the Indian River Lagoon and to construct new potential habitat for marine animals. Upon further investigation of the site, it was determined that seagrass was present and that the proposed oyster reef location was not suitable for oyster recruitment. In effort to avoid the County losing the grant funds, staff requested FDEP approval to transfer the project location from the 45th Street drainage ditch to a more suitable location. The only request of FDEP was that the new proposed project location be within the general vicinity of the 45th Street site and adjacent to a drainage outfall into the lagoon. The County and City of Vero Beach are working together to improve the lagoon. One of the Lagoon Legacy Projects identified to initiate these efforts was the Foot Island Living Shoreline Project. Foot Island is a roughly 2,750 sq. foot island located within the lagoon near the Merrill Barber Bridge. Evidence of erosion has been observed along the western and southern portions of the island where dead mangroves were exposed, likely due to boat wake and a relatively large fetch. A living shoreline/oyster reef project was proposed to stabilize the shoreline and improve water quality. Coincidently, Foot Island is also adjacent to a Florida Department of Transportation (FDOT) outfall discharging into the lagoon. As such, the Foot Island Living Shoreline Project meets the intent of FDEP grant S0839. The purpose of this agenda item is to request Board acceptance of the project location change and approval of Amendment 1 to FDEP grant 50839. Please be advised that no local match is required 350 Amendment No. 1 to FDEP grant Agreement No. S0839 effectuates the following: Revises the Scope of Work to delete the 45th Street drainage site and add the Foot Island project, Extends the grant period to September 30, 2021, and Replaces funding/consideration/invoicing language. FUNDING No local match is required under this grant. However, this grant is a cost reimbursement bases and requires the County to construct the project prior to reimbursement. At this time no funds are budgeted for this project. RECOMMENDATION Staff recommends that the Board of County Commissioners.: 1. Approve Amendment No. 1 to FDEP Grant Agreement No. 50839 and authorize the Chairman to sign on behalf of the County. Following Board approval, the County will transmit the partially executed Amendment No. 1 to the State for final signatures. Upon receipt of the fully executed original from the State, staff will transmit to the Clerk to the Board of County Commission for recording. 2. Approve a budget amendment in the amount of $50,000 to cover the project construction costs prior to State reimbursement. ATTACHMENT 1. Amendment No. 1 to FDEP Grant Agreement S0839 2. Change Order No. 1 to Indian River County Grant Form No. 50839 351 DEP AGREEMENT NO. S0839 INDIAN RIVER COUNTY AMENDMENT NO. 1 THIS AGREEMENT as entered into on March 8, 2016, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and INDIAN RIVER COUNTY (hereinafter referred to as the "Grantee") is hereby amended. WHEREAS, the Grantee has requested a revision in the scope of work, a reallocation of the budget for the project, and an extension of the Agreement; an extension is needed because of a change in the project location; and, WHEREAS, certain provisions of the Agreement need revision and several provisions need to be added to the Agreement. NOW, THEREFORE, the parties hereto agree as follows: The Agreement is effective from July 1, 2015, to September 30, 2021. 2. Section 3. of the Agreement is hereby deleted in its entirety and replaced with the following: FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $50,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. A Change Order to this Agreement is required when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Attachment A, are less than ten percent (10%) of the total budget as last approved by the Department. All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. ii. A formal Amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount, a change in the Grantee's match requirements, a change in the expiration date of the Agreement, and/or changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. All Amendments are subject to the mutual agreement of both parties as evidenced in writing. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.myfloridacfo.com/aadir/reference guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment request should be submitted to the Department no later than 352 sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Reimbursement shall be limited to the following budget categories: Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Subcontracts, which involve equipment purchases as part of an installation/retrofit or that include infrastructure and/or infrastructure improvements, as defined in Florida Chief Financial Officer (CFO) Memorandum No. 5 (2011-2012), must be capitalized in accordance with Chapter 691-72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. - For fixed-price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed-price subcontract. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. C. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to 353 evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.myfloridacfo.com/aadir/reference guide/. F. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by - program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 3. Section 5. of the Agreement is hereby deleted in its entirety and replaced with the following: REPORTS: A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. B. The Grantee will identify the expected return on investment for this project and provide this information to the Governor's Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days after the end of each quarter, documenting the positive return on investment to the state that results from the Grantee's project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at 354 env.roina laspbs.state.fl.us, and a copy shall also be submitted to the Department at legislativeaffairs(i ,dep.state.fl.us. 4. Section 11. of the Agreement is hereby deleted in its entirety and replaced with the following: SPECIAL AUDIT REQUIREMENTS: A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at (850) 245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps. fldfs. com\fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. Section 16. of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICE: All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to the parties at the addresses identified under paragraph 17. 6. Section 21. is deleted and replaced with RESERVED. Section 27. of the Agreement is hereby deleted in its entirety and replaced with the following: EXECUTION IN COUNTERPARTS: This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof. 8. Section 30. is added to the Agreement as follows: 355 PUBLIC RECORDS ACCESS: A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution. C. If Grantee meets the definition of "Contractor" found in Section 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: Pursuant to Section 119.070 1, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Grantee fails to provide the public records to the Department within a reasonable time, the Grantee may be subject to penalties under s. 119. 10, F.S. ii. Upon request from the Department's custodian of public records, Grantee shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Grantee shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Grantee does not transfer the records to the Department. iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all public records in possession of Grantee or keep and maintain public records required by the Department to perform the services under this Agreement. If the Grantee transfers all public records to the Department upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to Department, upon request from the Department's custodian of public records, in a format that is accessible by and compatible with the information technology systems of Department. D. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by 356 telephone at (850) 245-21189 by email at ombudsman(a�dep.state. fl.us, or at the mailing address below: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 Section 31. is added to the Agreement as follows: SCRUTINIZED COMPANIES: A. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee or its subcontractors are found to have submitted a false certification; or if the Grantee, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. B. If this Agreement is for more than one million dollars, the Grantee certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. D. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 10. Attachment A, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-1, Revised Grant Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, shall hereinafter refer to Attachment A-1, Revised Grant Work Plan. 11. Attachment B, Disbursement Request Package, is hereby deleted in its entirety and replaced with Attachment B-1, Payment Request Summary Form, attached hereto and made a part of the Agreement, All references in the Agreement to Attachment B, shall hereinafter refer to Attachment B-1, Payment Request Summary Form. 12. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. 357 IN WITNESS WHEREOF, the parties have caused this amendment to Agreement S0839 to be duly executed, the day and year last written below. INDIAN RIVER COUNTY Lo Chairman Print Name of Authorized Person Date: FEID No.:59-6000674 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Print Name and Title of Authorized Person Date: Evan Beitsch, DEP Grant Manager Sandra Waters, DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Letter/ Specify Type Number Description (include number of pages) Attachment A-1 Revised Grant Work Plan (2 Pages) Attachment B-1 Payment Request Summary Form (6 Pages) 358 lu ATTACHMENT A-1 REVISED GRANT WORK PLAN PROJECT TITLE: Indian River County Oyster Bed Project PROJECT LOCATION: Latitude/ Longitude: 27.651817, -80.371698 PROJECT BACKGROUND: The Indian River Lagoon has more than 2100 species of plants and 2200 species of animals making it North America's most diverse estuary. Indian River County (Grantee) is committed to protecting and preserving the Indian River Lagoon. In the past, the Grantee has successfully established an oyster bed reef in an area adjacent to Spoonbill Marsh in Vero Beach, Florida, which has reduced the amount of total nitrogen (TN) and total phosphorus (TP) entering into the Indian River Lagoon in the area. The Grantee wishes to continue its efforts by constructing a living shoreline/oyster reef along the shoreline of Foot Island. Foot Island is a roughly 2,750 sq. foot island located within Vero Beach, Florida. Evidence of erosion has been observed along the western and southern portions of the island where dead mangroves were exposed, likely due to boat wake and a relatively large fetch. The purpose of the proposed oyster reef would be to a) stabilize the Foot Island shoreline and b) improve water quality conditions of discharges from the adjacent Florida Department of Transportation (FDOT) outfall pipe into the Indian River Lagoon. At this point in time, the project's conceptual design is complete and the Grantee has received permission from the Indian River Board of County Commissioners to proceed with the proposed project. PROJECT DESCRIPTION: The project will require the Grantee to construct living shoreline/oyster reef along much of the Foot Island shoreline with emphasis on the western and southern portions of the island. The southern and western portions of the island are also adjacent to the FDOT outfall pipe. The oyster bags will be stacked to create void spaces throughout the reef structure of differing sizes, dimensions, and openings to the Indian River Lagoon. The proposed oyster reef is approximately 27,500 square feet. The reef location is close enough to the Foot Island that it will not inhibit the navigability of the area. The reef provides a habitat for attached and encrusting organisms such as oysters, and other invertebrates such as stone crabs, juvenile fish species, and game fish species. In turn, the reef will act as an in-situ water treatment system to facilitate the removal of total nitrogen (TN) and total phosphorus (TP) from stormwater discharged through the FDOT outfall into the Indian River Lagoon. The reef is self-perpetuating in that the attached and encrusting invertebrates and turf algae will continue to overgrow any bare areas created in the future. TASKS and DELIVERABLES: Task 1: Construction Task Description: The Grantee will construct an oyster bed reef in accordance with the construction contract documents. Deliverables: Construction completed to date as described in this task, as evidenced by these deliverables: 1) Dated color photographs of on-going work representing the time period covered in the payment request; 2) signed acceptance and brief description of the completed work to date by the Grantee; 3) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents (as applicable). 359 Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task Budget Budget Task Start Task End No. Task Title Category Amount Date Date Contractual 1 Construction Services $50,000 07/01/2015 03/31/2021 . Total: $50,000 Note that, per paragraph 4 of the agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Grantee with this and future requests for extension. 360 Attachment B-1 PAYMENT REQUEST SUMMARY FORM DEP Agreement No. IPayment Request No. Request Grantee: (Name & Mailing Address) Grantee's Grant Manager Task No(s). Task Amount(s) Requested: $ GRANT EXPENDITURES SUMMARY SECTION TOTAL PREVIOUS MATCHING TOTAL AUTHORIZED TASKS AMOUNT OF THIS PAYMENT CUMULATIVE FUNDS FOR THIS CUMULATIVE REQUEST PAYMENT REQUESTS REQUEST MATCHING FUNDS REQUESTS Task 1: $ $ $ $ $ Task 2: $ $ $ $ $ Task 3: $ $ $ $ $ Task 4: $ $ $ $ $ Task 5: $ $ $ $ $ Task 6: S S $ $ $ Task 7: $ $ $ $ S Task 8: $ $ $ $ $ Task 9: $ $ $ $ $ TOTAL AMOUNT $ Is Is Is Ts GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. 361 Attachment 13- 1, DEP Agreement No. 50839, Page 1 of 6 Grantee's Certification of Payment Request I, , on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) (Print name of Grantee) DEP Agreement No. and Payment Request No. do hereby certify for that: 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number 362 Attachment B-1, DEP Agreement No. 50839, Page 2 of 6 Engineer's Certification of Disbursement Request ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROJECT , being the Professional Engineer retained by (name of Professional Engineer) , am responsible for overseeing construction of the project (name of Grantee) described in the Agreement and do hereby certify that for DEP Agreement No. and Payment Request No. 1. All permits and approvals required for the construction, which is underway, have been obtained. 2. Payment is in accordance with construction contract provisions. 3. Construction up to the point of this payment request is in compliance with the approved plans and permits. 4. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection. Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) Attachment B-1, DEP Agreement No. S0839, Page 3 of 6 363 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. PAYMENT REQEUST NUMBER: Number of payment request REQUEST DATE: Date reqeust is submitted GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. TASK NO.: This is the number of the task that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). TASK AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST" column. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT" line. Enter the amount of all Tasks on the "TOTAL BUDGET (ALL TASKS)" line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL BUDGET (ALL TASKS) " for the amount to enter on the "TOTAL REMAINING (ALL TASKS) " line. "PREVIOUS PAYMENT REQUESTS" COLUMN: Enter the total cumulative amount that has been paid in previous requests. Do not include the current regeusted amount in this total. Do not enter anything in the shaded areas. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the column total on the "TOTAL PAYMENT REQUEST" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s) you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT" line for this column. Enter the match budget amount on the "TOTAL BUDGET (ALL TASKS)" line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "TOTAL BUDGET (ALL TASKS) " for the amount to enter on the "TOTAL REMAINING (ALL TASKS) " line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the line titled "TOTAL PAYMENT REQUEST." The final request should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. ENGINEER'S CERTIFICATION: Must be signed by Professional Engineer when Construction is being reqeusted for reimbursement. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. 364 Attachment B-1, DEP Agreement No. 50839, Page 4 of 6 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYMENT — PART II REIMBURSEMENT DETAIL Grantee Name: Payment Request No.: DEP Agreement No.: Vendor Name Local Share or Other Invoice Invoice Date Invoice Amount Funding or Amount Number (1) Not Requested (2) Requested Amount (3) Check Number Task/Deliverableumbe4) Number (4) $ $ $ $ - Totals: $ - $ - 365 Attachment B-1, DEP Agreement No. 50839, Page 5 of 6 Instructions for Completing Request for Payment - Part II Include the Grantee Name, Payment Request No., and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee,that is not 2 being requested for reimbursement by this grant Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested (2) from Invoice 3 Amount (1). Deliverable Number: Must identify completed deliverable(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that Task/Deliverable identified under (2). Submittal Instructions Instructions for E -mailing: The program now accepts reimbursement requests electronically, please E-mail to Water and Springs Restoration Program. When scanning please be sure that the minimum scan resolution must be 300 DPI (dots per inch). When reimbursement requests are sent electronically, please do not also send a hard copy by postal mail. Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form. Remit Payment Request by E-mail to: WSRP(aMep.stateftus Be sure the E-mail payment request includes the following: Cc: Department's Grant Manager Subject: Project Number—Disbursement Number: example — LP14025_Disb 1 Attachments: 1) Exhibit D Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Proof of payment (copies of canceled checks, front and back or EFT verification) 5) Other supporting documentation, as needed For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact: Name & Phone Number of contact Email address of contact 366 Attachment B-1, DEP Agreement No. S0839, Page 6 of 6 GRANT NAME: FDEP Indian River County Hurricane Repair Project GRANT # S0839 (Change Order No. 1) AMOUNT OF GRANT: $50,000 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: James D. Gray, Jr. TELEPHONE: ext. 1344 1. How long is the grant for? September 30, 2021 Starting Date: March 8, 2016 Execution YES NO 2. Does the grant require you to fund this function after the grant is over? X 3. Does the grant require a match? X If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 100 % 5. Grant match amount required N/A 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and BenefitsOperating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: 367 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 367 DISTRICT ISQ3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad'Stone, Director Department of Emergency Services FROM: Erin Baskins, Staff Assistant IV Department of Emergency Services DATE: May 18, 2018 SUBJECT: Authorization for Final Payment to Barth Construction, Inc. for the Construction of Fire -Rescue Station #14 (6780 26th Street) It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The County awarded the construction agreement to Barth Construction, Inc. on December 20, 2016 to begin the building process of Fire- Rescue Station #14 (6780 26th Street) with an original not -to -exceed cost of $2,446,869.00. After all phases of work were completed, the final cost of the fire station was $2,336,677.56, which is under budget in the amount of $110,191.44. ANALYSIS: The contractor for the construction of Fire -Rescue Station #14 (6780 26th Street), Barth Construction, Inc. has completed all phases of the work pursuant to the contract and has made a request for final payment in the amount of $30,362.77. C. M. Crawford Architect, Inc., the county's representative, has reviewed the building payment request for $30,362.77 and believes all work has been completed and all final release of liens has been received. FUNDING: ITEM I Amount Account Number Fire Station #14 Construction . $30,362.77 31512022-066510-15015 368 RECOMMENDATION: Staff recommends the Board approve final payment in the amount of $30,362.77. ATTACHMENTS: Letter from C. M. Crawford Architect Inc. dated May 16, 2018 AIA G701 Change Order AIA G702 Application and Certificate for Payment AIA G703 Continuation Sheet AIA G706 Contractors Affidavit of Payment of Debts and Liens AIA G706A Contractors Affidavit of Release of Liens AIA G707 Consent of Surety to Final Payment 369 CIVI__.Crawford Archite-ct.-_ Inc. FL. AA 26001812 'Al r'? `? i';r,'i P.O. Box 6511 Vero Beach, Florida 32961 Tel 772.667-1212 cmcarc@msn.com APPLICATION FOR PAYMENT 1 2 - FINAL IRCFD• #1 4 Date: May 16, 2018 To: Mr. John King Indian River County EMS 4225 43`d Avenue Vero Beach, FL 32967 Project: IRC Fire Station #14 (WO 2) 6780 26'h Street Vero Beach, FL 32967 Dear Mr. King, This final application for payment dated May 9, 2018 includes a deduction of $110,191.44 (C.O. #1). The complete Contract sum is $2,336,677.56. Given a certificate of occupancy was issued on March 21, 2018 and the application was approved by the Architect of Record on 5/15/18, I recommend proceeding with final payment per Application #12. The final cost in the amount of $ 30,362.77 shall be made payable to Barth Construction. Sincerely, a7' Chris Crawford A.I.A. cc Barth Construction 370 CHANGE ORDER Distribution to: AIA DOCUMENT G701 OWNER ARCHITECT CONTRACTOR FIELD OTHER PROJECT: I.R.C. Fire Station #14 6780 260' Street Vero Beach, FL 32969 TO: Barth Construction, Inc. 1717 Indian River Blvd. Suite 202A Vero Beach, FL 32960 You are directed to make the following changes in this Contract: CHANGE ORDER NUMBER: 1 INITIATION DATE: 05/09/18 CONTRACT DATE: Final Cost of Construction (Including Contractor's Fee) Less Current Contract Amount Change Order Amount $2,336,677.56 $2,446,869.00 <$110,191.44> Not valid until signed by both the Architect and Owner. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time The Original (Eentraet-SHm) (Guaranteed Maximum Cost) was ............................ I...... $ 2,446,869.00 Net change by previously authorized Change Orders ................................................ $ 0.00 The (Gentraet-Sux) (Guaranteed Maximum Cost) prior to this Change Order was ............ $ 2,446,869.00 The (GerAraet Sur ) (Guaranteed Maximum Cost) will be (inmased) (decreased) (ene ged) bythis Change Orderr.......................................................................... -$ 110,191.44 The new (Genwiet-Sum) (Guaranteed Maximum Cost) including this Change Order will be $ 2,336,677.56 The Contract Time will be (irtereased) (deemosed) (unchanged) by ( ) Days The Date of Substantial Completion as of the date of this Change Order therefore is ARCHITECT CONTRACTOR OWNER Edlund, Dritenbas, Binkley, Arch. 65 Royal palm Pointe, Suite D Vero Beach, FL 32960 Barth Construction 1717 Indian River Blvd. Suite 202A Vero Beach, FL 32960 BY: BY: DATE: Indian River County Dept. of Emer. 1840 2501 Street Vero Beach, FL 32960 7'19N BY: o9 f cS DATE: AIA DOCUMENT 0701 * CHANGE ORDER * APRIL 1978 EDITION * AIA $ 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE„ N.W., WASHING'T'ON, D.C. 20006 371 P 0) w U p d w Z Lu H V O O D 1 0. 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O O '- O O G O O Cl! to O 1N (n 0 0 0) n 0 O N V N O O N n 7 (O r V CC Q O a 7 (`� O O O r t r m 00 O V m V N 00 N n O w N (O (3) N N co W O w N O O0 m 3 w Qw (O N M O M r s O) r O Q7 O N 0 O LL w+ LLUp (o n v o 0 N N 0 C') 2a N w Q 0 0 0 0 0 7 0 O O O O O' O O N 00 O 0 0 0 0 C] O O O O O O O N O) O (O l0 p l0 7 O O m n O O N d' (O o 0 N r NM r w W J W , m 0 0 0 n v r O) w O O) l0 V N W r 0 CO N u) D) Cl! N (O a0 O 7 N O n (° )w„ .:3 J o O (O N (h 0 N n � O W W Q 100 O r N N Cl) (h O = > N <U O O O 0 O O O O In 00 O 0 0- co o m o D o r m o a v O O O) N O 1- 10 O 00 Ln N Wl00 ' 7 N N� 100 N M r wZa p a i i UQ J p W Q Ulm O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Z J J 11j 1(j O O O 10 O O O 0) 10 O O O O) r r m V u7 M t0 n 10 r O 10 O) . O O O M 0 c n n O n V O (° n t0 W] O O w O (o 00 O aD 00 O N N M W 0) M CP O !9 00 O U U N (h 10 Cl) O N N 7 7 N Y O N LL O N U m z > Q LL 4) N n W p O y Q 015 0 0) N (� 0 C w y O) U C N W 0) C N jp V1 dl U '� d O Q a v 2 —Vi y L Z y U C 'v D A CL o t0 m° m (0) co Q)) 5 a a> a w y o m r- L LL v_ m 0 w� J (9 LL m� a N x 11 w w L) C7 tit -u O 0) M N O 0) V r M N N W M M OZO O r r 00 00 NM 00 c0 O) 0 O 0 10 10 (O (o m w to r r r r r r r w 00 0) 0 CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS AIA Document G706 OWNER ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER TO (Owner) ARCHITECT'S PROJECT NO: CONTRACT FOR: F IRC Emergency Services 4225 43" Avenue Vero Beach, FL 32960 L —J. CONTRACT DATE: February 15, 2017 PROJECT: IRC Fire Station #14 (name, address) 6780 261' Street State of: FLORIDA County of: INDIAN RIVER The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner In connection with the performance of the Contract referenced above for which the Owner or his property might In any way be held responsible. EXCEPTIONS: (It none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Consent of Surety to Final Payment, Whenever Surety is Involved, Consent of Surety is required. AIA DOCUMENT G707, CONSENT OF SURETY, may be used for this purpose. Indicate attachment; (yes ) (no ). The following supporting documents should be attached hereto If required by the Owner: 1. Contractors Release or Waiver of Liens, conditional upon receipt of final payment.' 2. Separate Releases or Waivers of Liens from Sub- contractors and material and equipment sup- pliers, to the extent required by the Owner, accompanied by a list thereof. 3. Contractor's Affidavit of Release of Liens (AIA DOCUMENT G706A). CONTRACTOR: Barth Construction, Inc. Address: 1717 Indian River Blvd., Suite 202A Vero Beach, FL 32860 BY: S ' ed and sworn to before me this � K day of fVIhI Notary Public: G CliZtQ;c -.1�� My Commission Expires: AIA DOCUMENT 0706 • CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS • APRIL 1970 EDITION AIA 01970 • THE AMERICAN INSTITUTE OFARCHITECTS, 1705 NEW YORK AVE., NW, WASHINGTON, D.C. 20000 20 /f_�' W p6Q97 �p}}tE3:,fub2 �unb Contractor's Affidavit of Release of Liens AIA Document G706A — Electronic Format OWNR IX ARCHITECT (j J CONTRACTOR [j SURETY [] OTHER [ J THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. TO OWNER: ARCHITECT'S PROJECT NO: �1 CONTRACT FOR: IRC Emergency Services 4225 4314 Avenue L Vero Beach, FL 32960 CONTRACT DATE: February1S, 2017 PROJECT: IRC Dire Station # 14 (Name and address) 6780 26tI1 Street STATE OF: FLORIDA COUNTY OF: INDIAN RIVER 'rho undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above: EXCEPTIONS: NONE. SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Contractor's Release of Waiver of Liens, conditional upon receipt of final payment 2, Separate Releases or Waivers of Liens from subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof, CONTRACTOR: Barth Construction, Inc. (Name and address) 1717 Indian River Blvd., Suite 202A Vero Beach, FL 32960 B tgna re ofauthorized representative) Jason Fykes, Project Manager ' Subscribed and sworn to before me this date: 6 / 1alle Notary Public: d My Commission Expires: AIA DOCUMENT G706A - CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS — 1894 EDITION — AIA — COPYRIGHT 1994 — THE AMERfCAN INSTITUTE OF ARCHITECTS, 1736 NEW YORK AVENUE N.W., WASHINGTION D.C. 20006-8292.. WARNING; Unlicensed photocopying violates U.S. copyrlght laws and Is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format G706A - 1994 User Document: G706A.CON — 212/2000. AIA license Number 111083, which expires on 1113012000 — Page # 1 378 � �., ?� {''mss MARIONH,7UPEK My COMMi$MoNl1RP973380 I�r F+a EVIRES'.421,2020 aondodTlwNofarY PON Unde kis CONTRACTOR: Barth Construction, Inc. (Name and address) 1717 Indian River Blvd., Suite 202A Vero Beach, FL 32960 B tgna re ofauthorized representative) Jason Fykes, Project Manager ' Subscribed and sworn to before me this date: 6 / 1alle Notary Public: d My Commission Expires: AIA DOCUMENT G706A - CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS — 1894 EDITION — AIA — COPYRIGHT 1994 — THE AMERfCAN INSTITUTE OF ARCHITECTS, 1736 NEW YORK AVENUE N.W., WASHINGTION D.C. 20006-8292.. WARNING; Unlicensed photocopying violates U.S. copyrlght laws and Is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format G706A - 1994 User Document: G706A.CON — 212/2000. AIA license Number 111083, which expires on 1113012000 — Page # 1 378 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR ❑ SURETY ❑ AIA DOCUMENT 0707 OTHER ❑ PROJECT; Work Order No. 2, Fire Station #14, 26th Street & 66th Avenue - Construction of fire station & site (name, address) work, 6780 26th St,, Vero Beach, FL 32966 TO (Owner): Indian River County Board of County Commissioners ARCHITECT'S PROJECT NO: 4225 43rd Avenue CONTRACT FOR: General Construction Vero Beach, FL 32960 BOND NO: 54-213370 CONTRACT DATE: 12120/2016 CONTRACTOR: Barth Construction, Inc. 1717 Indian River Blvd, Suite #202A Vero Beach, FL 32960 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here Insert name and address of Surety Company) United Fire & Casualty Company PO Box 73909 Cedar Rapids, IA 52407-3909 , SURETY COMPANY, on bond of (hero insert name and address ofContractok) Barth Construction, Inc. 1717 Indian River Blvd, Suite #202A Vera Beach, FL 32960 , CONTRACTOR, hereby approves of the final payment to the Contractors, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of -its obligations to (here Insert name and address of Owner) Indian River County Board of County Commissioners 4225 43rd Avenue Vero Beach, FL 32960 ,OWNER, as set forth in the said Surety Company's bond, IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of March 16, 2018 United Fire &Casualty Company Surety Company ..Signahire of Authorized Representative Attest: a'(MzU�VIA (Seal); Teresa L• Durham Title Attorney -in -Fact and FL Licensed Resident Agent NOTE: This form is to be used as a companion dowmant to AIA DOCUMENT 0706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OP DV13TS AND CLAIMS. Current Edition AIA DOCUMENT 0707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1970 EDITION • AL1® ONE PAO6 ®1970. THE AMERICAN INSTITUTE OF ARCHITECTS,1735 New York Ave., NW, WASHINGTON, D.C. 20006 379 M IA yLtgult')eS Sire[}' 1De f3u'ftWAt CA. ` .•. .;• � 4'titC:!'ll'1CIJ L1IN:r::l"iLttYV11rJ1CclJt' A'lil"CJlW�Y •an `°.,� �``' . r� "` . i INS, RANCE (orighnai on file ai-Hgme Office of Computy -.See Certification),. f.. •yeti` SIU ` PER $ p st It ni • ti cd1 x ' 3' �%Y .T S t U t ' 'Fu' C to o ;' of t fit.; of brP,4i tz ��; id a tsi : :oder 4- N tt f::it :3:,. (i"f Si�atef' P totva,.0 ed.: a R'<:l' eitu`► [' `coni"inti: otfg of 'dul A �, - N•. z :i(t y pi atitzedr►iexit ittitrxni:tnvs<d Lila StDte orf Texas�vat`t. ::: J lusif an C�g7nl� fl`n' t;orpoll lip t d#lly. g #i d Ail Xistnig ull$sle`f � laly o rW State f i atifot tiAertlitt l}Ile rrtivel JA tits 4t2 )� u s), and;i _.',corp int itSX. trt g 5.Riietgtta C at= � ttiS Mate of lolvtz;.eige Ftal; , cbiist►htte�vtd,`a'p ? V JErh�' K�141j"k >^ E r Y.a Yf., REIOF1: :.S.C�SAN €i;"s�`zIiEIY,F r:`�t E$A t ..Dtj�}11Jil.rwGLOf� 'l:'.E�r ICF�%1i�ps, ' LISA: i OSELAND, t:t<�i SONJA'Ai4ANDA- FLOkEE .HARP IS, ."CHERYL` FOL.EY,- 'ROBER%.,p 6:LINN; ..'S.Af2AH K.":O'l INN, SACH IND.IVID.UA✓_lY yz x a 1 .., S>. t- f iJ,2' ,r ..s, .. ^'fi`ti• e w u+.4T� Y.. .:.:;°�' ^3 y,Li.14 j a2 .4-•[i4 �.. .t ;'r .,,,' A S. S _� " L•�. �•• 1`F i fR '1 .. 1.a ..Y,isR \7, i i, '�" r tY f. -, �; {yS. �..j {:�:, ••'lt•: r x�h .t5 1 Y£r'A Y.tC { ;t ;�e �Z •`>i� ,•:w ...,.• r.: ; yt:' ;y;. _ ,`.�•• a ?:7:� 2' a; 5�=" ni? ti.y. '`i,: "'i' ysi h �.:z ••' s Ky �'Y <•n Z.'� `.�-?. rZ :.y'. i'it` �j;: •'.3 .V r� } t",:L . i- . f \) t:;; > , ,r, l.\`,'• .z ;".i4i,. .i?'tt• .i . (V'- ,'ii:, %:�. Cxk . a4, t•"' : i 3?� .a :Zit I -:�: • YY F . .3`•;: ( ? t.z y <t. : 1! Y 1 ke Jax" ��'Y •.ph .f >:'i:.. .,.`:;:_', - ;,.Mc,:.. b's2y, .ti" ,:r.. 'r'.''�':.;;t^:;.:. :k n-.., .. o,r.r ..:..,. .n^as%`:; it `. "nl�o t pF:'r ...1 ,. '•.,.s":. e �;;.:. ..;t'ii+:i: �i Y 'tinea .trite'" T Iaw i A "i e'ss =..-F ' r� U o o.'' i e A'` e'.< i < 4� iia 4S.n () act; (tit:, 'wtfrar °a ilios:i :1>e(e Y c nt' rt'etI?'t �i'n ;s ltaindt"' ie. t .utMitS` ialf_4114 11 bonds " �' (Bide uledttid o gt. of a(oYy tlnsuti t eintsi .s inttat §itu`'pivttled that no Qliebl atiii" ai eace 0 f wW' .3. �a t 11 i i,Q � M ono , � ': tial fp bind tiXe Coui}Saptevtlie`tel?y �� fitil atia.lt same ea�L�nl:ass�cji ittstrititieui H?erielted:li tle d ;ly%tltp£ rz gitce o;fi"the Co Id alta p `tl ets'af s`1: Ant iiTgy, pin` ttafij to`(j�t 'uu ioriiy ln4 ttii' tAibetj:ilntd Inez et3j!?rDtiiied' )Id coitfirui d} �? i s "� 7 .,'�` r��.s ^A �.:S�:X. ''•.�;.?! .`u :cr"-.. t>';;.:Y' 'sc •ti t.r':x•.J.'• aa"` C f ... Tlh �,tfitIloitty hereby gn tifed l§.contittiioitsriitrti'slio.1 '14 iriltt-fiif�'t ke Dud effec �tiuttl 'evoked liq, t7iiifeti Fire & C asttally'l ¢tSnpany; Utnnted`"l�f & Indemnity Company, and Financial Pacific Hisl6lice Company. .,:.�:.. a, es t ; ?�.: : is P,otviaY{6 ►ttan,ey is made and executed pursuant to and by authority of the following bylaw duty adopted on May 15, 2.0 l } t $o ids%Ytf t{i ctol`s aI'1 l L &Indemnity Company, and Financial Pacific Insurance Company. ted� e & Casualty Company, United Fu res; •< ig i 3. .N "Article't I-Sttr'ety Bonds and Ytudertnkings tiligoptrjtejC gf Attonrey-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time trz;tutia,.ulSoLtt;bKKivfiten;; eklXrficnfpg ntomey=fret to act bt behalf of the Companies in the execinion of policies of insurance, bonds, undertakings and otlterobligatory ilii �u�iitli� 41I' hi ly ttgt+le a „ ,?flre s+gliattires4tsgny`61ficer authorized hereby, mrd the Corporate seat, may be affixed by facsimile to any power of attontey or special power of atfarfieytoi cart£fica�Uoii of either authorized hereby; such sigiaturo and seal, when so used, being adopted by the Companies as the original signahtro of such officer and the original seal'of the ComNp�li es, [0 6e valid ,at1d burding upon the Companies with the same force mid otleet as though manually affixed. Such attorneys-in•fact, suhjC.Gt,to the IhuitgtGgns sel of,^.;' W fot:tli ui fleir;Xespectntceort,ficatas of authority shall have fill power to bind the Compmilcs by their signature mrd execution of ally such msttuttieitts£and to attbalt the sea ; tYIO CgtiipJ, f thereto; sTlre President or any Vice President, rife Board of Dbeotors or any other ollicer of the Companies may at ally time teNtCit- 111 wer aria at tion evi' usIf ivtli`t. t6 an}^e$ttonrey-iu•faci. �_• _ " ^43 �-' ��' :r: k t " IN WITNESS WHEREOF, the COMPANIES have each caused these presetlfs iQ be sign. by its x i•..\Utl$cnsrru/q �t\\oweoLafgip arxwuuu,,. #' t. t r•:: 6. "Cy3�•, a\ �,• \atusuq vice president and its corporate seal to be hereto affixed this 11 t h day of .Odtpber, , .r .F..,,.... . (21: n'y •.:�,.J.... .. coaror. rTE, conroaers y ` /r° �� c,^ _ -s �._• _ _ , _ �l ratvz4 °''� UNITED PIKE &CASUALTY COMPANY ss�v ~ Yi` M86 moi" UNITED FIRE & INDEMNITY CO {t -_NY,, ':, �, sD �` ra y. x6 s, :''NlI�QNN: \ ' FINANCIAL PACIFIC iNSURAN COj�/Ji�N ` tlilt .i ty"_ _ .. p Spte dIo�ve,gerpCttl! of Lunn, ss: }^ •:a..$> r^, { ` }; �. :. Vice PresttYt _ On 11th"rd Y'iif `Det ,ober `< .before Lthb Dets.W'RF2O�m :rp3rsonal�yi nann. J ; to me klnowtt, tivltabOng by me -duly did depose aiid siiy; that.lie resides in'Cedar Rapids, State of,Iowa; that ite is a Vice President oi'United Fite