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12/08/2020
COUNTY COMMISSIONERS Chairman, Joseph E. Flescher, District 2 Vice Chairman, Peter D. O'Bryan, District 4 Commissioner Susan Adams, District 1 Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 8, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th 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 This meeting can be attended virtually via Zoom. Instructions can be found at the end of this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Randy Fullerton, Glendale Baptist Church 3. PLEDGE OF ALLEGIANCE Chairman Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Commissioner Committee Assignments for 2021 Attachments: Commissioner's Memorandum Assignments Letter December 8, 2020 Pagel of 5 7.B. Resignation of Joseph Leo George, as Citizen Member Appointee to the Value Adjustment Board Attachments: Resignation of Joseph Leo George - VAB RESIGNATION LTR FM J GEORGE 8. CONSENT AGENDA 8.A. Checks and Electronic Payments November 13, 2020 to November 19, 2020 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments November 20, 2020 to November 26, 2020 Attachments: Finance Department Staff Report 8.C. Resolutions Cancelling Taxes on Properties Purchased for Public Purpose: Right -Of -Way for 58th Avenue and 37th Street Intersection Improvements from Robert Matthews, joined by his wife, Becky Sue Matthews; and 66th Avenue Right -Of -Way from Billy W. Jackson and Christine Jackson, husband and wife Attachments: Staff Report Resolution (Matthews) Resolution (Jackson) 8.D. 43rd Avenue Sidewalk from Airport Drive West to 41st Street Final Payment, Release of Retainage, and Change Order No. 1, IRC -1503 Attachments: Staff. Report Change Order No. 1 Change Order No. 1 8.E. Indian River County Library LSTA Grant Award and Agreement Attachments: Staff Report LSTA Expanding Technology Grant Grant Form LSTA 20-21 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS December 8, 2020 Page 2 of.5 10.A.1. The Virginia W. Russell Family Limited Partnership and Segment Markets 85, Inc.'s Request to Rezone Approximately 78.29 Acres from MED, Medical to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project to be known as Harbor Bluffs PD [PD -20-09-02/ 99040218-87279] (QUASI-JUDICIAL) Attachments: Staff Report Location Map Aerial Excerpt from Draft November 12, 2020 PZC Minutes PD Rezoning Ordinance Conceptual PD Plan Alternate Conceptual PD Plan - Single Family and Villas Conceptual Landscape Plan 10.A.2. Shadow Brook Subdivision Water Assessment Project - Resolution III: Public Hearing and Utility Easement Attachments: Staff Report Assessment Area Map Confirming Resolution No III with Assessment Roll Resolution Utility Easement B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Jacqueline A. Grady Regarding Release of Property from Lien 1926 4th Ave Attachments: Public Discussion Request Jacqueline A. Grady C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works December 8, 2020 Page 3 of:5 12.G.1. Research Review Phase of the IRC Lagoon Management Plan: Update 2 Attachments: Staff Report A - Research Plan Timeline B - Supporting Research H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Approval of Agreed Order of Take for a Parcel of Right -Of -Way Located at 6600 65th Street, Vero Beach, FL 32967 Owned by Harish and Deepti Sadhwani Attachments: Staff Report aerial of parent parcel; sketch/legal of row and pond Agreed Order of Take (w/o exhibits) Attorney Doney Memorandum 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Rryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT December 8, 2020 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.ircaov.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 6:00p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12: 00 Noon to 5:00 p.m. December 8, 2020 Page 5 of 5 December 8, 2020 ITEM 7A INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 1, 2020 SUBJECT: 2021 Committee Assignments by Commissioner FROM: Joseph E. Flescher, Chairman Please find attached the 2021 Committee Assignments for the Board of County Commissioners. Attachment 1 2021 COMMITTEE ASSIGNMENTS BY COMMISSIONER SUSAN ADAMS — District 1 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Treasure Coast Regional Planning Council (Bi -Monthly, 3rd Fri @ 9:30 am) 3. Indian River Lagoon National Estuary Program, Board of Directors (Bi -Monthly, 2nd Friday @ 9:30 am) 4. Florida Assoc of Counties Agriculture and Rural Affairs Committee (As needed) 5. Workforce Development Consortium of the Treasure Coast (designated by BCC Chairman; One meeting in July and as needed) 6. Agriculture Advisory Committee (Quarterly, 4th Thursday @ 2:00 pm) 7. Children's Services Advisory Committee (Quarterly, 2nd Monday @ 5:30 pm) JOSEPH E. FLESCHER — District 2 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Value Adjustment Board (2x a year) 3. Audit Selection Committee (Last Meeting 2020; Every 5 years) 4. Tourist Development Council (desig by BCC Chair; Quarterly, 3rd Weds @ 2:00 pm) 5. School Planning Elected Officials Oversight Committee (BCC Chairman serves, once annually) 6. Public Safety Council for Criminal Justice, Mental Health and Substance Abuse (BCC Chairman or designee; as needed) 2 2021 COMMITTEE ASSIGNMENTS BY COMMISSIONER (Cont'd) JOE EARMAN — District 3 1. Metropolitan Planning Organization.(MPO) (Monthly, 2nd Wednesday @ 10:00 am) 2. Treasure Coast Regional Planning Council -- Alternate (Bi -Monthly, 3rd Friday @ 9:30) 3. Value Adjustment Board (2x a year) 4. Beach & Shore Preservation Advisory Committee (Monthly, 3rd Monday @ 3:00 pm) 5. Transportation. Disadvantaged Local Coordinating Board (BCC member serves as Chair; Quarterly, 4th Thursday @ 10:00 am) 6. Public Safety Coordinating Council (BCC Chairman or designee; As needed) PETER D. O'BRYAN — District 4 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Treasure Coast Regional Planning Council (Bi -Monthly, 3rd Friday @ 9:30 am) 3. Treasure Coast Council of Local Governments (Monthly, 1st Weds @ 10:00 am) 4. Economic Development Council (Monthly, 3rd Tuesday @ 3:30 pm) 5. Florida Association of Counties Policy Leader on the Growth, Agriculture, Transportation, & Environment Policy Committee (As needed) 6. St. Johns River Alliance (As needed) 7. Board of Trustees of Law Library (As needed) LAURA MOSS — District 5 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday @ 10:00 am) 2. Treasure Coast Regional Planning Council — Alternate (Bi -Monthly, 3rd Fri @ 9:30 am) 3. Affordable Housing Advisory Committee (As needed) 4. State Housing Initiatives Partnership (SHIP) Loan Review Committee (As needed) 5. Juvenile Justice Circuit 19th Advisory Board 6. CDBG Citizens Advisory Task Force (BCC Chairman or designee; As needed) 3 79 CLERK TO THE BOARD INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 24, 2020 FROM: Terri Collins -Lister, Value Adjustment Board Clerk SUBJECT: Resignation of Joseph Leo George, as Citizen Member Appointee to the Value Adjustment Board Mr. Joseph Leo George has tendered his resignation.as Citizen Member Appointee to the Value Adjustment Board, effective November 19, 2020. Anyone interested in serving on the Value Adjustment Board as the Citizen Member (must own homestead property within the County, F.S. 194.015), who meets the requirements, will need to submit an application and resume to the Board of. County Commissioners Office, County Administration Building A, 1801 27fl' Street, Vero Beach, FL 32960. Applications can be accessed -online at www.ircgov.com/Boards/Committee. Application.pdf or the Board of County Commissioner's Office. Attachment: Joseph Leo George's Resignation Notice 4 RECEIVED NOV 2 42020 BOARD OF COUNTY COMMISSION Joseph Leo George 5584 55'h Terrace Vero Beach, FL 32967 502-386-2090—,ileogeort;e I 1 (d,)gmail.com November 19, 2020 Mr. Joseph E. Flescher Commissioner District 2 Indian River County Commissioners 1801 271h Street Vero Beach, FL 32960-3388 Dear Mr. Flescher, Joe, it is with deep regret, but for family and personal reasons, I am resigning my position as Committee Member of the Value Adjustment Board effectively immediately. Thank you and the Board for your confidence in selecting me for the position. Respectfully yo .�D cc: Perri Collins -Lister . Supervisor to the Clerk to the Board r JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 19, 2020 SUBJECT: -APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 13, 2020 to November 19, 2020 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 November 13, 2020 to November 19, 2020. 6 col CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 401626 11/13/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 401627 11/13/2020 GRACE LA MONTAGNE 2,674.00 401628 11/13/2020 NORTH CAROLINA CHILD SUPPORT 105.69 401629 11/13/2020 WILBERT WILLIAMS 3,450.00 401630 11/13/2020 KWACKS INC 16,309.08 401631 11/13/2020 W&G MAINTENANCE 11,820.00 401632 11/13/2020 AMERITAS 31,758.52 401633 11/13/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 401634 11/13/2020 TX CHILD SUPPORT SDU 163.85 401635 11/13/2020 ELMDALE PROPERTY MANAGEMENT LLC 3,000.00 401636 11/13/2020 SUNNY INVETORS LLC 4,500.00 401637 11/13/2020 A CLOSET ENTERPRISE INC 5,000.00 401638 11/13/2020 A&J PARTNERSHIP LLC 5,000.00 401639 11/13/2020 HIEU TRAN 5,000.00 401640 11/13/2020 JOHN TRAN 5,000.00 401641 11/13/2020 LEVEL YOGA LLC 5,000.00 401642 11/13/2020 FOXY NAILS & SPA OF VERO BEACH 5,000.00 401643 11/13/2020 DALETHA PAYNE 922.69 401644 11/13/2020 H C WARNER INC 2,407.36 401645 11/13/2020 JOHN PICKERILL 4,485.00 401646 11/13/2020 TRANE US INC 3,148.00 401647 11/13/2020 DUPERON CORPORATION 2,032.35 401648 11/13/2020 LARIAT ENTERPRISES INC 314.22 401649 11/13/2020 ADAMS FENCE 2 LLC 25,519.27 401650 11/13/2020 BURNETT LR%4E CO INC 6,368.60 401651 11/13/2020 TREASURE COAST TURF INC 2,119.00 401652 11/13/2020 AQSEPTENCE GROUP INC 1,062.74 401653 11/13/2020 COLE AUTO SUPPLY INC 74.32 401654 11/13/2020 PEOPLEREADY INC 440.68 401655 11/13/2020 GOMEZ BROTHERS ENTERPRISES INC 7,548.00 401656 11/13/2020 GOOD SPORTSMAN MARKETING LLC 5,009.16 401657 11/13/2020 G -TEC EQUIPMENT SERVICES LLC 1,150.00 401658 11/13/2020 GRANTANALYST.COM LLC 2,000.00 401659 11/19/2020 PORT CONSOLIDATED INC 689.91 401660 11/19/2020 ROCKWOOD CORPORATION 903.80 401661 11/19/2020 STURGIS LUMBER & PLYWOOD CO 11.99 401662 11/19/2020 COMMUNICATIONS INTERNATIONAL 3,197.93 401663 11/19/2020 LENGEMANN CORP 79.57 401664 11/19/2020 TEN -8 FIRE EQUIPMENT INC 3,237.31 401665 11/19/2020 RANGER CONSTRUCTION IND INC 1,207.71 401666 11/19/2020 FISHER SCIENTIFIC COMPANY LLC 3,868.80 401667 11/19/2020 VERO CHEMICAL DISTRIBUTORS INC 344.50 401668 11/19/2020 RICOH USA INC 54.82 401669 11/19/2020 CHISHOLM CORP OF VERO 180.00 401670 11/19/2020 HENRY SCHEIN INC 2,104.91 401671 11/19/2020 AT&T WIRELESS 1,690.20 401672 11/19/2020 DATA FLOW SYSTEMS INC 876.73 401673 11/19/2020 SUB AQUATICS INC 880.10 401674 11/19/2020 GRAINGER 250.29 401675 11/19/2020 SAFETY KLEEN SYSTEMS INC 585.39 401676 11/19/2020 MCMASTER CARR SUPPLY CO 33.91 401677 11/19/2020 DAVES SPORTING GOODS & TROPHIES 4,500.00 401678 11/19/2020 GAYLORD BROTHERS INC 68.99 401679 11/19/2020 WILD LAND ENTERPRISES INC 12.00 401680 11/19/2020 HACH CO 999.91 401681 11/19/2020 LFI FORT PIERCE INC 926.45 401682 11/19/2020 KSM ENGINEERING & TESTING INC 1,245.20 401683 11/19/2020 BOUND TREE MEDICAL LLC 5,598.92 7 TRANS NBR DATE VENDOR AMOUNT 401684 11/19/2020 PETES CONCRETE 2,700.00 401685 11/19/2020 EXPRESS REEL GRINDING INC 3,500.00 401686 11/19/2020 TIRESOLES OF BROWARD INC 3,103.00 401687 11/19/2020 CITY ELECTRIC SUPPLY COMPANY 21.99 401688 11/19/2020 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 2,200.00 401689 11/19/2020 BAKER & TAYLOR INC 10,857.67 401690 11/19/2020 BAKER DISTRIBUTING CO LLC 110.64 401691 11/19/2020 PALM TRUCK CENTERS INC 1,862.50 401692 11/19/2020 PENWORTHY COMPANY 550.33 401693 11/19/2020 CLERK OF CIRCUIT COURT 500.35 401694 11/19/2020 CLERK OF CIRCUIT COURT 1,080.80 401695 11/19/2020 INDIAN RIVER COUNTY HEALTH DEPT 245.00 401696 11/19/2020 CITY OF VERO BEACH 2,143.80 401697 11/19/2020 AT&T CORP 253.60 401698 11/19/2020 APCO INTERNATIONAL, INC 345.00 401699 11/19/2020 JANITORIAL DEPOT OF AMERICA INC 131.52 401700 11/19/2020 ROGER CLEVELAND GOLF INC 1,179.48 401701 11/19/2020 ACUSHNET COMPANY 1,691.17 401702 11/19/2020 ST JOHNS RIVER WATER MGMT DISTRICT 1,055.00 401703 11/19/2020 FEDERAL EXPRESS CORP 6.83 401704 11/19/2020 CENTRAL A/C & REFRIGERATION SUPPLY INC 98.60 401705 11/19/2020 MUNICIPAL CODE CORPORATION 500.00 401706 11/19/2020 FAMOSO INC 1,153.04 401707 11/19/2020 CALLAWAY GOLF SALES COMPANY 7,182.34 401708 11/19/2020 FLORIDA RECREATION & PARK ASSOC INC 160.00 401709 11/19/2020 FLORIDA RECREATION & PARK ASSOC INC 160.00 401710 11/19/2020 FLORIDA RECREATION & PARK ASSOC INC 160.00 401711 11/19/2020 FLORIDA RECREATION & PARK ASSOC INC 160.00 401712 11/19/2020 FLORIDA RECREATION & PARK ASSOC INC 1,750.00 401713 11/19/2020 FLORIDA POWER AND LIGHT 348.33 401714 11/19/2020 FLORIDA POWER AND LIGHT 35,130.46 401715 11/19/2020 FLORIDA POWER AND LIGHT 499.44 401716 11/19/2020 INDIAN RIVER COUNTY TAX COLLECTOR 129,553.39 401717 11/19/2020 PUBLIC DEFENDER 21,561.54 401718 11/19/2020 TAYLOR MADE GOLF CO INC 673.63 401719 11/19/2020 STATE ATTORNEY 36,434.64 401720 11/19/2020 PEACE RIVER ELECTRIC COOP INC 228.10 401721 11/19/2020 NATIONAL GOLF FOUNDATION 250.00 401722 11/19/2020 DEPARTMENT OF HEALTH 55.00 401723 11/19/2020 NATIONAL ASSOC OF COUNTY PARK 90.00 401724 11/19/2020 TREASURE COAST SPORTS COMMISSION INC 3,699.35 401725 11/19/2020 FLORIDA LIBRARY ASSOCIATION 144.00 401726 11/19/2020 BE SAFE SECURITY ALARMS INC 120.00 401727 11/19/2020 INDIAN RIVER FARMS WATER CNTRL DIST 870.00 401728 11/19/2020 JOHN BROWN & SONS INC 1,462.50 401729 11/19/2020 TLC DIVERSIFIED INC 240,385.80 401730 11/19/2020 BANK OF NEW YORK 1,312.50 401731 11/19/2020 BRIDGESTONE AMERICAS INC 527.50 401732 11/19/2020 FLORIDA SECTION IMSA 720.00 401733 11/19/2020 CELICO PARTNERSHIP 5,553.12 401734 11/19/2020 FLORIDA DEPT OF JUVENILE JUSTICE 30,532.00 401735 11/19/2020 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 401736 11/19/2020 RECYCLE FLORIDA TODAY INC 150.00 401737 11/19/2020 FL ASSOC OF COUNTY AGRICULTURAL AGENTS 100.00 401738 11/19/2020 FLORIDA RURAL LEGAL SERVICES INC 4,798.67 401739 11/19/2020 OTC DIRECT INC 90.53 401740 11/19/2020 THE SHERWIN WILLIAMS CO 138.92 401741 11/19/2020 A3J3 INVESTMENTS LLC 3,487.50 401742 11/19/2020 SOUTHERN JANITOR SUPPLY INC 4,942.58 401743 11/19/2020 OCLC ONLINE COMPUTER LIBRARY CENTER 1,216.30 TRANS NBR DATE VENDOR AMOUNT 401744 11/19/2020 MASTELLER & MOLER INC 8,675.00 401745 11/19/2020 ETR LLC 579.60 401746 11/19/2020 HEVERON GROUP INC 2,310.00 401747 11/19/2020 ORCHID ISLAND PROPERTY MGMT 11 INC 650.00 401748 11/19/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,574.33 401749 11/19/2020 COLOSSUS INCORPORATED 12,033.54 401750 11/19/2020 PAK MAIL 44.85 401751 11/19/2020 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 165.00 401752 11/19/2020 VERO BEACH BROADCASTERS LLC 350.00 401753 11/19/2020 HLP, INC. 5,040.00 401754 11/19/2020 KWACKS INC 1,685.00 401755 11/19/2020 NICOLACE MARKETING INC 2,239.75 401756 11/19/2020 AMERICAN HEART ASSOCIATION INC 1,730.00 401757 11/19/2020 FLORIDA ARMATURE WORKS INC 840.00 401758 11/19/2020 OVERDRIVE INC 2,846.47 401759 11/19/2020 PROMATIC INC 115.17 401760 11/19/2020 PROMATIC INC 391.80 401761 11/19/2020 PROMATIC INC 409.80 401762 11/19/2020 ORLANDO FREIGHTLINER INC 64.52 401763 11/19/2020 VERO BEACH PARTNERSHIP 400.00 401764 11/19/2020 GFA INTERNATIONAL INC 11,737.50 401765 11/19/2020 MOORE MOTORS INC 383.85 401766 11/19/2020 NEWSOM OIL COMPANY 1,107.60 401767 11/19/2020 WILD TURKEY ESTATES OF VERO LLC 2,382.18 401768 11/19/2020 REPROGRAPHIC SOLUTIONS INC 48.60 401769 11/19/2020 CARDINAL HEALTH 110 INC 2,218.04 401770 11/19/2020 MUNICIPAL EMERGENCY SERVICES INC 4,064.65 401771 11/19/2020 TREASURE COAST TURF INC 2,028.00 401772 11/19/2020 STRAIGHT OAK LLC 360.35 401773 11/19/2020 CALDWELL PACETTI EDWARDS 2,903.50 401774 11/19/2020 KRAUS ASSOCIATES INC 36,653.28 401775 11/19/2020 SOUTHERN MANAGEMENT LLC 1,925.00 401776 11/19/2020 STEWART & STEVENSON FDDA LLC 16,577.57 401777 11/19/2020 C E R SIGNATURE CLEANING 2,600.00 401778 11/19/2020 REI ENGINEERS INC 3,915.00 401779 11/19/2020 PIERCE GOODWIN ALEXANDER & LINVILLE INC 2,361.75 401780 11/19/2020 NAPIER & ROLLIN PLLC 827.50 401781 11/19/2020 MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,639.51 401782 11/19/2020 FLORIDA ASSOCIATION OF EMS 125.00 401783 11/19/2020 COBRA GOLF INCORPORATED 663.34 401784 11/19/2020 MICHAEL EDWARD HAMILTON 300.00 401785 11/19/2020 THE TRANSIT GROUP INC 4,212.52 401786 11/19/2020 UNIFIRST CORPORATION 1,702.89 401787 11/19/2020 JDS GRAPHICS DESIGN INC 92.63 401788 11/19/2020 MSDS ONLINE 3,599.00 401789 11/19/2020 CDA SOLUTIONS INC 464.50 401790 11/19/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 311.00 401791 11/19/2020 ADVANCE STORES COMPANY INCORPORATED 336.40 401792 11/19/2020 PATRIOT PRODUCTIONS LLC 250.00 401793 11/19/2020 UNDER THE SUN PRODUCTIONS 508.89 401794 11/19/2020 INDUSTRIAL LAUNDRY SERVICES LLC 219.20 401795 11/19/2020 COLE AUTO SUPPLY INC 3,176.85 401796 11/19/2020 KONICA MINOLTA BUSINESS SOLUTIONS 1,013.99 401797 11/19/2020 ADVANCED ROOFING INC 3,784.50 401798 11/19/2020 JOSEPH ELLIOTT USA LLC 2,911.96 401799 11/19/2020 ENVIRONMENTAL OPERATING SOLUTION INC 7,899.50 401800 11/19/2020 STUART RUBBER STAMP & SIGN CO INC 414.02 401801 11/19/2020 CORE & MAIN LP 1,153.66 401802 11/19/2020 JOE PAYNE INC 24,295.44 401803 11/19/2020 BROWNELLS INC 1,794.00 9 TRANS NBR DATE VENDOR AMOUNT 401804 11/19/2020 ABISCOM INC 669.21 401805 11/19/2020 DIRECTV GROUP INC 258.04 401806 11/19/2020 AMAZON CAPITAL SERVICES INC 2,430.47 401807 11/19/2020 W&J CONSTRUCTION CORP 28,071.86 401808 11/19/2020 AMERIGAS PROPANE LP 2,257.21 401809 11/19/2020 JORDAN POWER EQUIPMENT CORP 1,436.32 401810 11/19/2020 MULLINAX FORD OF VERO BEACH 1,218.90 401811 11/19/2020 R&S RADIO LLC 400.00 401812 11/19/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 471.94 401813 11/19/2020 DESK SPINCO INC 252.02 401814 11/19/2020 NO KILL BEES INC 250.00 401815 11/19/2020 SUNBELT HYDRAULIC & EQUIPMENT INC 298.57 401816 11/19/2020 TELEFLEX LLC 2,750.00 401817 11/19/2020 MT CAUSLEY LLC 34,408.00 401818 11/19/2020 FERGUSON US HOLDINGS INC 4,270.00 401819 11/19/2020 BLUE GOOSE CONSTRUCTION LLC 79,061.19 401820 11/19/2020 STAPLES INC 67.89 401821 11/19/2020 LOWES COMPANIES INC 4,315.08 401822 11/19/2020 PEOPLEREADY INC 624.00 401823 11/19/2020 SMI TRADING LLC 135.99 401824 11/19/2020 TOTAL GOLF CART LLC 205.44 401825 11/19/2020 REBECCA SIPLAK 28.00 401826 11/19/2020 J -MAC CLEANING SERVICES INC 4,833.33 401827. 11/19/2020 BRITTON INDUSTRIES INC 737.33 401828 11/19/2020 OHL USA 342,040.67 401829 11/19/2020 FIRE EQUIPMENT SERVICES OF FLORIDA INC 4,320.00 401830 11/19/2020 CONSOLE CLEANING SPECIALIST INC 5,875.00 401831 11/19/2020 RAYMOND WEBB 40,050.00 401832 11/19/2020 RANDSTAD NORTH AMERICA INC 840.23 401833 11/19/2020 PEOPLE READY FLORIDA INC 11,653.76 401834 11/19/2020 ATCO TOOLS LLC 91.99 401835 11/19/2020 ELISA S MORAN 500.00 401836 11/19/2020 SUPERIOR FENCE & RAIL OF BREVARD COUNTY INC 75.00 401837 11/19/2020 LARRY C GERSTNER 150.00 401838 11/19/2020 CONSTANCE L CHAMBERS 75.00 401839 11/19/2020 M&M FLORIDA JUICE COMPANY INC 5,000.00 401840 11/19/2020 MAGNOLIA MANOR VERO BEACH 5,000.00 401841 11/19/2020 EAST HARBOR MUSIC LLC 5,000.00 401842 11/19/2020 JULIA CALAHAN HAIR DESIGN 5,000.00 401843 11/19/2020 FUN CITY ENTERTAINMENT CORP 5,000.00 401844 11/19/2020 LISA MAE WARREN 2,955.00 401845 11/19/2020 ROBERT J LINDSEY 2,250.00 401846 11/19/2020 BARBARA NESTOR 537.20 401847 11/19/2020 UTIL REFUNDS 24.69 401848 11/19/2020 UTIL REFUNDS 75.87 401849 11/19/2020 UTIL REFUNDS 75.32 401850 11/19/2020 UTIL REFUNDS 14.61 401851 11/19/2020 UTIL, REFUNDS 77.07 401852 11/19/2020 UTIL REFUNDS 78.32 401853 11/19/2020 UTIL REFUNDS 4.50 401854 11/19/2020 UTIL REFUNDS 46.90 401855 11/19/2020 UTIL REFUNDS 75.20 401856 11/19/2020 UTIL REFUNDS 84.28 401857 11/19/2020 UTIL REFUNDS 50.00 401858 11/19/2020 UTIL REFUNDS 74.68 401859 11/19/2020 UTIL REFUNDS 12.00 401860 11/19/2020 UTIL REFUNDS 89.46 401861 11/19/2020 UTIL REFUNDS 38.14 401862 11/19/2020 UTIL REFUNDS 42.70 401863 11/19/2020 UTIL REFUNDS 112.94 10 TRANS NBR DATE VENDOR AMOUNT 401864 11/19/2020 UTIL REFUNDS 66.91 401865 11/19/2020 UTIL REFUNDS 39.17 401866 11/19/2020 UTIL REFUNDS 127.54 401867 11/19/2020 UTIL REFUNDS 44.29 401868 11/19/2020 UTI, REFUNDS 63.20 401869 11/19/2020 UTI, REFUNDS 56.83 401870 11/19/2020 UTIL REFUNDS 73.82 401871 11/19/2020 UTIL REFUNDS 67.13 401872 11/19/2020 UTIL REFUNDS 54.72 401873 11/19/2020 UTIL REFUNDS 277.13 401874 11/19/2020 UTIL REFUNDS 69.67 401875 11/19/2020 UTI, REFUNDS 82.70 401876 11/19/2020 UTIL REFUNDS 37.43 401877 11/19/2020 UTIL REFUNDS 75.55 401878 11/19/2020 UTI, REFUNDS 34.61 401879 11/19/2020 UTIL REFUNDS 35.46 401880 11/19/2020 UTIL. REFUNDS 68.57 401881 11/19/2020 UTIL REFUNDS 88.28 401882 11/19/2020 UTIL REFUNDS 93.94 401883 11/19/2020 UTIL REFUNDS 70.64 401884 11/19/2020 UTIL REFUNDS 39.34 401885 11/19/2020 UTI, REFUNDS 175.29 401886 11/19/2020 UTIL REFUNDS 1.31 401887 11/19/2020 UTI, REFUNDS 19.13 401888 11/19/2020 UTI, REFUNDS 25.56 401889 11/19/2020 UTI, REFUNDS 82.53 401890 11/19/2020 UTIL REFUNDS 78.16 401891 11/19/2020 UTIL REFUNDS 91.84 401892 11/19/2020 UTIL REFUNDS 41.05 401893 11/19/2020 UTIL REFUNDS 32.97 401894 11/19/2020 UTIL REFUNDS 71.83 401895 11/19/2020 UTIL REFUNDS 46.14 401896 11/19/2020 UTI, REFUNDS 55.46 401897 11/19/2020 UTI, REFUNDS 10.65 401898 11/19/2020 UTIL REFUNDS 7.61 401899 11/19/2020 UTIL REFUNDS 51.40 401900 11/19/2020 UTI, REFUNDS 45.68 401901 11/19/2020 UTIL REFUNDS 129.30 401902 11/19/2020 UTU, REFUNDS 63.87 401903 11/19/2020 UTI, REFUNDS 339.44 401904 11/19/2020 UTI, REFUNDS 52.25 401905 11/19/2020 UTIL, REFUNDS 38.63 401906 11/19/2020 UTIL REFUNDS 662.38 401907 11/19/2020 UTIL REFUNDS 52.81 401908 11/19/2020 UTH, REFUNDS 66.36 401909 11/19/2020 UTI, REFUNDS 48.84 401910 11/19/2020 UTIL REFUNDS 55.97 401911 11/19/2020 UTIL REFUNDS 82.92 401912 11/19/2020 UTI, REFUNDS 75.57 401913 11/19/2020 UTIL REFUNDS 88.17 401914 11/19/2020 UTI, REFUNDS 94.81 401915 11/19/2020 UTIL REFUNDS 66.02 401916 11/19/2020 UTI, REFUNDS 17.70 401917 11/19/2020 UTIL REFUNDS 70.21 401918 11/19/2020 UTI, REFUNDS 37.36 401919 11/19/2020 UTI, REFUNDS 72.27 401920 11/19/2020 UTI, REFUNDS 136.72 401921 11/19/2020 UTIL REFUNDS 94.70 401922 11/19/2020 UTI, REFUNDS 96.51 401923 11/19/2020 UTI, REFUNDS 84.35 11 TRANS NBR DATE VENDOR AMOUNT 401924 11/19/2020 UTIL REFUNDS 45.62 401925 11/19/2020 UTIL REFUNDS 16.48 401926 11/19/2020 UTIL REFUNDS 43.37 401927 11/19/2020 UTIL REFUNDS 32.02 401928 11/19/2020 UTIL REFUNDS 19.89 401929 11/19/2020 UTIL REFUNDS 4.15 401930 11/19/2020 UTIL REFUNDS 40.04 401931 11/19/2020 UTIL REFUNDS 44.05 401932 11/19/2020 UTIL REFUNDS 81.44 401933 11/19/2020 UTIL REFUNDS 40.65 401934 11/19/2020 UTIL REFUNDS 34.66 401935 11/19/2020 UTIL REFUNDS 110.50 401936 11/19/2020 UTIL REFUNDS 57.87 401937 11/19/2020 UTIL REFUNDS 30.39 401938 11/19/2020 UTIL REFUNDS 74.04 401939 11/19/2020 SUNSHINE SAFETY COUNCIL INC 400.00 401940 11/19/2020 NAEMT 105.00 401941 11/19/2020 NAEMT 180.00 401942 11/19/2020 BRIAN FREEMAN 9.00 Grand Total: 1,580,502.82 12 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 900875 11/19/2020 900876 11/19/2020 900877 11/19/2020 900878 11/19/2020 900879 11/19/2020 900880 11/19/2020 900881 11/19/2020 Grand Total: VENDOR INDIAN RIVER COUNTY HOUSING AUTHORITY EDUCATIONAL MEDIA AGENCY FOUNDATION FOR AFFORDABLE RENTAL ORCHARD GROVE VENTURE LLC STAPLES INC SREIT LEXINGTON CLUB LLC B4 TC PROPERTIES LLC AMOUNT 206.00 879.00 589.00 1,736.00 446.61 712.00 409.00 4,977.61 13 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017380 11/13/2020 AT&T CORP 2,329.70 1017381 11/13/2020 WASTE MANAGEMENT INC OF FLORIDA 2,754.54 1017382 11/13/2020 MIKES GARAGE & WRECKER SERVICE INC 65.00 1017383 11/16/2020 INDIAN RIVER BATTERY 141.45 1017384 11/16/2020 INDIAN RIVER OXYGEN INC 92.50 1017385 11/16/2020 MIKES GARAGE & WRECKER SERVICE INC 450.00 1017386 11/16/2020 DAVES SPORTING GOODS & TROPHIES 60.00 1017387 11/16/2020 CENTER POINT INC 9,243.72 1017388 11/16/2020 IRRIGATION CONSULTANTS UNLIMITED INC 15.91 1017389 11/16/2020 THYSSENKRUPP ELEVATOR CORPORATION 8,472.00 1017390 11/16/2020 METRO FIRE PROTECTION SERVICES INC 748.25 1017391 11/16/2020 SIMS CRANE & EQUIPMENT CO 642.00 1017392 11/16/2020 PROTRANSMASTERS II INC 1,350.93 1017393 11/16/2020 AUTO PARTNERS LLC 6.44 1017394 11/16/2020 GUARDIAN ALARM OF FLORIDA LLC 295.00 1017395 11/16/2020 NEXAIR LLC 31.78 1017396 11/16/2020 EFE INC 1,577.24 1017397 11/16/2020 PACE ANALYTICAL SERVICES LLC 6,380.00 1017398 11/16/2020 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 193.29 1017399 11/19/2020 PARKS RENTAL & SALES INC 462.00 1017400 11/19/2020 COLD AIR DISTRIBUTORS WAREHOUSE 191.77 1017401 11/19/2020 INDIAN RIVER BATTERY 1,709.40 1017402 11/19/2020 INDIAN RIVER OXYGEN INC 3,020.70 1017403 11/19/2020 DEMCOINC 173.93 1017404 11/19/2020 APPLE INDUSTRIAL SUPPLY CO 829.09 1017405 11/19/2020 GALLS LLC 934.48 1017406 11/19/2020 MEEKS PLUMBING INC 1,176.45 1017407 11/19/2020 ABCO GARAGE DOOR CO INC 2,259.40 1017408 11/19/2020 ALLIED UNIVERSAL CORP 2,515.40 1017409 11/19/2020 IRRIGATION CONSULTANTS UNLIMITED INC 2,832.94 1017410 11/19/2020 THE EXPEDITER 1,150.82 1017411 11/19/2020 FIRST HOSPITAL LABORATORIES INC 315.00 1017412 11/19/2020 THYSSENKRUPP ELEVATOR CORPORATION 594.00 1017413 11/19/2020 TOTAL TRUCK PARTS INC 623.22 1017414 11/19/2020 COMO OIL COMPANY OF FLORIDA 463.60 1017415 11/19/2020 PERKINS INDIAN RIVER PHARMACY 3.16 1017416 11/19/2020 PRIDE ENTERPRISES 400.50 1017417 11/19/2020 COMPLETE ELECTRIC INC 210.00 1017418 11/19/2020 STRYKER SALES CORP 769.60 1017419 11/19/2020 RECHTIEN INTERNATIONAL TRUCKS 272.50 1017420 11/19/2020 METRO FIRE PROTECTION SERVICES INC 338.25 1017421 11/19/2020 SPINNAKER VERO INC 754.60 1017422 11/19/2020 AUTO PARTNERS LLC 222.34 1017423 11/19/2020 STAT MEDICAL DISPOSAL INC 205.00 1017424 11/19/2020 HYDRA SERVICE (S) INC 12,207.15 1017425 11/19/2020 GUARDIAN ALARM OF FLORIDA LLC 85.00 1017426 11/19/2020 NEXAIR LLC 59.86 1017427 11/19/2020 EFE INC 2,238.68 1017428 11/19/2020 PACE ANALYTICAL SERVICES LLC 396.00 1017429 11/19/2020 TOSHIBA AMERICA BUSINESS SOLUTIONS INC' 568.50 Grand Total: 72,833.09 14 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8116 11/13/2020 IRC FIRE FIGHTERS ASSOC 10,030.00 8117 11/13/2020 FL SDU 4,754.84 8118 11/13/2020 FLORIDA DEPARTMENT. OF REVENUE 3,024.78 8119 11/13/2020 FLORIDA DEPARTMENT OF REVENUE 16,806.28 8120 11/13/2020 FLORIDA DEPARTMENT OF REVENUE 548.32 8121 11/13/2020 FLORIDA DEPARTMENT OF REVENUE 2,107.97 8122 11/13/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 83,392.89 8123 11/13/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 8,119.33 8124 11/13/2020 HIGHMARK STOP LOSS 92,987.31 8125 11/13/2020 TOTAL ADMINISTRATIVE SERVICES CORP 11,611.43 8126 11/13/2020 SENIOR RESOURCE ASSOCIATION 33,089.65 8127 11/16/2020 HUMANE SOCIETY 36,000.00 8128 11/16/2020 CITY OF SEBASTIAN 26,189.61 8129 11/16/2020 SCHOOL DISTRICT OF I R COUNTY 124,056.00 8130 11/16/2020 IRS -PAYROLL TAXES 489,115.85 8131 11/16/2020 IRS -PAYROLL TAXES 687.80 8132 11/16/2020 IRS -PAYROLL TAXES 17,795.48 8133 11/16/2020 RX BENEFITS INC 2,748.58 8134 11/16/2020 CLERK OF CIRCUIT COURT 17,306.14 * 8135 11/17/2020 CITY OF VERO BEACH 0.00 8136 11/17/2020 ATLANTIC COASTAL LAND TITLE CO LLC 289,278.21 8137 11/19/2020 UNITED WAY OF INDIAN RIVER COUNTY 243,750.00 8138 11/19/2020 CITY OF FELLSMERE 6,597.51 Grand Total: 1,519,997.98 * VOIDED 15 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: November 26, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 20, 2020 to November 26, 2020 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 November 20, 2020 to November 26, 2020. CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 401943 11/20/2020 FLORIDA POWER AND LIGHT 6,624.67 401944 11/20/2020 FLORIDA POWER AND LIGHT 2,776.88 401945 11/24/2020 PAUL CARONE 5,285.00 401946 11/24/2020 WILLIE C REAGAN 2,354.00 401947 11/24/2020 LARRY STALEY 639.00 401948 11/24/2020 DAVID SPARKS 1,407.00 401949 11/24/2020 FORT PIERCE HOUSING AUTHORITY 725.00 401950 11/24/2020 THE PALMS AT VERO BEACH 2,355.00 401951 11/24/2020 ARTHUR PRUETT 756.00 401952 11/24/2020 MICHAEL JAHOLKOWSKI 547.00 401953 11/24/2020 STEVEN RENNICK 661.00 401954 11/24/2020 ROBERT L BRACKETT 780.00 401955 11/24/2020 SUNCOAST REALTY & RENTAL MGMT LLC 641.00 401956 11/24/2020 PAMELA R CUM IINGS 689.00 401957 11/24/2020 SYLVESTER MC INTOSH 633.00 401958 11/24/2020 OKEECHOBEE PARTNERS LLC 807.00 401959 11/24/2020 MISS INC OF THE TREASURE COAST 898.00 401960 11/24/2020 DANIEL CORY MARTIN 2,888.00 401961 11/24/2020 FIVE STAR PROPERTY HOLDING LLC 1,060.00 401962 11/24/2020 VAL APTS LLC 852.00 401963 11/24/2020 AUGUSTUS B FORT JR 713.00 401964 11/24/2020 H&H SHADOWBROOK LLC 657.00 401965 11/24/2020 HELPING HANDS REAL ESTATE & INVESTMENT CO 2,129.00 401966 11/24/2020 ALIX DENEAU 750.00 401967 11/24/2020 NKW PIP HOLDINGS I LLC 3,217.00 401968 11/24/2020 BRANDON ROUER 1,515.00 401969 11/24/2020 HUDSON CONSULTING & MANAGEMENT LLC 868.00 401970 11/24/2020 PAMELA CHAVEZ 744.00 401971 11/24/2020 PHILIPPE ALEXANDER 700.00 401972 11/24/2020 STANLEY L JENNINGS 762.00 401973 11/24/2020 SHARON P BRENNAN 661.00 401974 11/24/2020 CORNELIA H LAHEY 1,126.00 401975 11/24/2020 IXORIA LLC 711.00 401976 11/24/2020 DEEP REAL ESTATE INC 547.00 401977 11/24/2020 SHAUNA WALGRAVE 950.00 401978 11/24/2020 A PLUS PROPERTY MANAGEMENT INC 5,351.00 401979 11/24/2020 ORCHARD GROVE VENTURE LLC 1,537.00 401980 11/24/2020 GEORGIA KING LLC 757.00 401981 11/24/2020 BREGO PROPERTIES LLC 2,971.00 401982 11/24/2020 YELLOW RING HOLDINGS LLC 911.00 401983 11/24/2020 SREIT LEXINGTON CLUB LLC 3,963.00 401984 11/24/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 429.00 401985 11/24/2020 MARLBROS HOLDINGS LLC 1,036.00 401986 11/24/2020 JARROD CANNON 1,843.00 401987 11/24/2020 AT&T WIRELESS 2,553.73 401988 11/24/2020 REPUBLIC SERVICES INC 246,689.68 401989 11/24/2020 ECOTECH CONSULTANTS INC 2,674.00 401990 11/24/2020 CARTER ASSOCIATES INC 16,468.50 401991 11/24/2020 JOHN PICKERILL 2,460.00 401992 11/24/2020 INDIAN RIVER COUNTY HEALTH DEPT 61,555.83 401993 11/24/2020 VICTIM ASSISTANCE PROGRAM 6,310.58 401994 11/24/2020 ROGER J NICOSIA 1,500.00 401995 11/24/2020 CITY OF VERO BEACH 4,597.45 401996 11/24/2020 CITY OF VERO BEACH 2,230.27 401997 11/24/2020 CITY OF VERO BEACH 11,987.50 401998 11/24/2020 AT&T CORP 1,273.52 401999 11/24/2020 AT&T CORP 140.18 402000 11/24/2020 INTERNATIONAL GOLF MAINTENANCE INC 100,050.21 17 TRANS NBR DATE VENDOR AMOUNT 402001 11/24/2020 GEOSYNTEC CONSULTANTS INC 21,817.70 402002 11/24/2020 CENTRAL A/C & REFRIGERATION SUPPLY INC 208.35 402003 11/24/2020 FLORIDA POWER AND LIGHT 102,601.90 402004 11/24/2020 WASTE MANAGEMENT INC 202,684.57 402005 11/24/2020 DONADIO AND ASSOCIATES ARCHITECTS PA 3,797.50 402006 11/24/2020 ST LUCIE COUNTY BOCC 40,795.83 402007 11/24/2020 HEVERON GROUP INC 22,166.16 402008 11/24/2020 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 3,125.00 402009 11/24/2020 PAULA WHIDDON 500.00 402010 11/24/2020 STEVE ABERNATHY 3,346.25 402011 11/24/2020 SUSANADAMS 88.93 402012 11/24/2020 ANFIELD CONSULTING GROUP INC 10,000.00 402013 11/24/2020 INNOVATIVE INTERFACES INC 18,917.96 402014 11/24/2020 CATHEDRAL CORPORATION 16,500.00 402015 11/24/2020 COVERALL NORTH AMERICA INC 2,015.00 402016 11/24/2020 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,120.00 402017 11/24/2020 E -BUILDER INC 41,537.35 402018 11/24/2020 A PLUS PROPERTY MANAGEMENT INC 2,655.00 402019 11/24/2020 BLUE GOOSE CONSTRUCTION LLC 15,124.88 402020 11/24/2020 ORCHARD GROVE VENTURE LLC 2,394.00 402021 11/24/2020 CONSOR ENGINEERS LLC 100,465.20 402022 11/24/2020 OHL USA 126,958.04 402023 11/24/2020 DAVID A KREB S JR 6,116.86 402024 11/24/2020 CRAVINGS INC 5,000.00 402025 11/24/2020 MARK MILLER 4,500.00 402026 11/24/2020 CARMELA VASATURO 3,200.00 402027 11/24/2020 DAVID ALAN MARSHALL 3,750.00 402028 11/24/2020 CORY HOWELL 3,135.00 402029 11/24/2020 SUN TRUST BANK 4,500.00 402030 11/24/2020 CALIBER HOME LOANS INC 2,819.19 402031 11/24/2020 LAUREN BROOM 300.00 402032 11/24/2020 KINGDOM WORKS MINISTRIES 765.00 402033 11/24/2020 BSA TROOP 505 250.00 402034 11/24/2020 LEISURE DESIGN SYSTEM INC 1,295.00 402035 11/24/2020 ERIC SCOTT FLOWERS 250.00 402036 11/24/2020 BRANDON MCCLURE 37.81 402037 11/25/2020 UNITED WAY OF INDIAN RIVER COUNTY 729.50 402038 11/25/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 6,688.24 402039 11/25/2020 FLORIDA UC FUND 10,162.08 402040 11/25/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 402041 11/25/2020 NORTH CAROLINA CHILD SUPPORT 105.69 402042 11/25/2020 TOTAL ADMINISTRATIVE SERVICES CORP 844.48 402043 11/25/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 402044 11/25/2020 TX CHILD SUPPORT SDU 163.85 Grand Total: 1,322,473.62 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017430 11/20/2020 AT&T CORP 9,887.38 1017431 11/20/2020 OFFICE DEPOT INC 1,871.46 1017432 11/20/2020 WASTE MANAGEMENT INC OF FLORIDA 2,396.32 1017433 11/24/2020 AT&T CORP 5,865.53 1017434 11/24/2020 COMCAST 139.90 **1017435 11/24/2020 WASTE MANAGEMENT INC OF FLORIDA 0.00 1017436 11/25/2020 AT&T CORP 10.40 1017437 11/25/2020 COMCAST 139.90 1017438 11/25/2020 WASTE MANAGEMENT INC OF FLORIDA 174.18 1017439 11/25/2020 COLD AIR DISTRIBUTORS WAREHOUSE 565.96 1017440 11/25/2020 INDIAN RIVER BATTERY 1,746.40 1017441 11/25/2020 INDIAN RIVER OXYGEN INC 543.91 1017442 11/25/2020 DEMCOINC 280.60 1017443 11/25/2020 APPLE INDUSTRIAL SUPPLY CO 475.34 1017444 11/25/2020 GALLS LLC 186.00 1017445 11/25/2020 ALLIED UNIVERSAL CORP 27,827.85 1017446 11/25/2020 IRRIGATION CONSULTANTS UNLIMITED INC 17.30 1017447 11/25/2020 GROVE WELDERS INC 615.57 1017448 11/25/2020 APPLE MACHINE & SUPPLY CO 1,093.11 1017449 - 11/25/2020 COMO OIL COMPANY OF FLORIDA 315.62 1017450 11/25/2020 CUMMINS INC 1,179.22 1017451 11/25/2020 AUTO PARTNERS LLC 2,174.87 1017452 11/25/2020 EFE INC 7,685.13 Grand Total: 65,191.95 **Voided 19 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8141 11/20/2020 MUTUAL OF OMAHA 1,868.75 8142 11/20/2020 IRS -PAYROLL TAXES 232.87 8143 11/20/2020 SAVE ON SP LLC 12,463.25 8144 11/23/2020 KIMLEY HORN & ASSOC INC 29,476.21 8145 11/23/2020 CDM SMITH INC 44,486.70 8146 11/23/2020 SCHOOL DISTRICT OF I R COUNTY 73,575.87 8147 11/24/2020 NATIONAL METERING SERVICES INC 28,538.37 8148 11/24/2020 RX BENEFITS INC 236,765.59 8149 11/25/2020 IRC FIRE FIGHTERS ASSOC 10,350.96 8150 11/25/2020 TEAMSTERS LOCAL UNION #769 5,349.50 8151 11/25/2020 FL SDU 4,585.46 8152 11/25/2020 CITY OF SEBASTIAN 24,520.91 8153 11/25/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 8,793.09 8154 11/25/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 69,826.86 8155 11/25/2020 COALITION FOR ATTAINABLE HOMES INC 1,803.00 8156 11/25/2020 TOTAL ADMINISTRATIVE SERVICES CORP 11,656.89 Grand Total: 564,294.28 20 CONSENT: 12/8/2020 IR- Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: December 2, 2020 SUBJECT: Resolutions Cancelling Taxes on Properties Purchased for Public Purpose: Right -Of -Way for 58th Avenue and 37th Street Intersection Improvements from Robert Matthews, joined by his wife, Becky Sue Matthews; and 66th Avenue Right -Of -Way from Billy W. Jackson and Christine Jackson, husband and wife Resolutions have been prepared for the purpose of earmarking the public use of the properties and cancelling, any delinquent, omitted or current taxes which may exist on the following properties purchased by Indian River County: Public Purpose: Right-of-way for 58th Avenue and 37th Street intersection improvements Location/Description: Portion of Parcel 32-39-29-00005-0000-00008.0 Purchased from: Robert Matthews, joined by his wife, Becky Sue Matthews Instrument: Warranty Deed recorded in O.R. Book 3358, Page 661 Public Purpose: 66th Avenue right-of-way Location/Description: Portion of Parcel 32-39-07-00001-0010-00004.0 Purchased from: Billy W. Jackson and Christine Jackson, husband and wife Instrument: Warranty Deed recorded in O.R. Book 3359, Page 2399 21 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute each Resolution to. cancel certain taxes upon the properties purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: Resolutions cc:. Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 22 purchased from Robert Matthews, joined by his wife, Becky Sue Matthews public purpose: right-of-way purchase for roadway improvements at 58th Avenue and 37th Street intersection part of tax parcel 32-39-29-00005-0000-00008.0 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 23 RESOLUTION NO. 2020 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Robert Matthews, joined by his wife, Becky Sue Matthews, for right-of-way for roadway improvements to the 58th Avenue and 37th Street intersection, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3358, Page 661, of the Public Records of Indian River County, Florida. The resolution was. moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of December, 2020. 24 RESOLUTION NO. 2020 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 25 purchased from Billy W. Jackson and Christine Jackson, husband and wife public purpose: for 66th Avenue right-of-way part of tax parcel 32-39-07-00001-0010-00004.0 RESOLUTION NO. 2020- A RESOLUTION OF � INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 26 RESOLUTION NO. 2020 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Billy W. Jackson and Christine Jackson, husband and wife, for 66th Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3359, Page 2399, of the Public Records. of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of December, 2020. 27 RESOLUTION NO. 2020 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 28 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: Rob Skok, Infrastructure Project Manager SUBJECT: 43rd Avenue Sidewalk from Airport Drive West to 41St Street Final Payment, Release of Retainage, and Change Order No. 1, IRC -1503 DATE: November 9, 2020 DESCRIPTION AND CONDITIONS On March 10, 2020 the Board of County Commissioners awarded Bid No. 2020016 to PRP Construction Group, LLC., in the amount of $474,826.80 for the construction of the approximate 0.87 - mile -long sidewalk, minor drainage improvements, signing, and pavement markings. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $54,302.00 for a final cost of $420,524.80. PRP Construction Group, LLC. has successfully completed the project and has been paid $346,114.35, with $38,457.15 held in retainage to date. PRP Construction Group, LLC. has submitted Contractor's Application for Payment No. 1503-6 for final payment in the amount of $35,953.30 and the release of retainage in the amount of $38,457.15 for a total of $74,410.45 FUNDING Funding in the amount of $74,410.45 is budgeted and available from the following accounts: 43rd Avenue Sidewalk (Airport Drive to 41St Account No. 10921441-066510-18026 Street)/Secondary Roads $35,953.30 43rd Avenue Sidewalk (Airport Drive to 41St Account No. 109-206000-18026 Street)/Secondary Roads $38,457.15 Retainage/PRP Construction Group, LLC 29 I, • RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 1503-6 to PRP Construction Group, LLC. in the amount of $74,410.45 for final payment and release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 1503-6 2. Change Order No. 1 APPROVED AGENDA ITEM FOR DECMEBER 8, 2020 30 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: 43rd Avenue Sidewalk from Airport Drive West to 41st Street FM No. 440019-1-58-01 PROJECT NO: IRC -1503, BID NO. 2020016 Item No. Description Unit Unit Price Quantity Price Increase Price Decrease 121-70 FLOWABLE FILL CY 215.00 6.60 1,419.00 522-2 CONCRETE SIDEWALK, 6" THICK SY 44.00 24.00 -1,056.00 570-1-2 PERFORMANCE TURF, SOD BAHIA SY 3.00 5920.00 17,760.00 1644800 FIRE HYDRANT RELOCATE EA 1 2425.00 1.00 1 -2,425.00 999-25 IFORCEACCOUNT LS -70,000.00 SUBTOTALS 19 179.00t�1.00 43rd Avenue Sidewalk TOTAL $54,302.00 31 00310-1 C:\GranicuslLegista r5\L5\Temp\64f45356-037 b-4750-934c-2b365dcc201 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 10/08/2020 No. 1 EFFECTIVE DATE: 12/8/2020 OWNER: Indian River County CONTRACTOR PRP Construction Group, LLC Project: 43rd Avenue Sidewalk from Airport Drive West to 41St Street OWNER's Project No. IRC -1603 OWNER'S Bid No. 2020016 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $474,826.80 Net decrease of this Change Order: ($54,302.00) Contract Price with all approved Change Orders: $420.524.80 ACCEPTED: By: PRP CONSTRUCTION GROUP, LLC (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 150 Final Completion: 180 Net increase this Change Order: (days) Substantial Completion: 10 Final Completion: 10 Contract Time with all approved Change Orders: (days) Substantial Completion: 160 Final Completion: 1 190 RECOMMENDED: Rob Skok By: (Signature) Date: MANAGER APPROVED: Richard B. Szpyrka, P.E. By: PUBLIC WORKS DIRECTOR (Signature) Date: 32 NOV X INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Library Services Division Date: November 25, 2020 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Tracey L. Wehking, Director, Library Services Consent Agenda BCC Meeting 1210812020 Subject: Indian River County Library LSTA Grant Award and Agreement DESCRIPTIONS AND CONDITIONS: The Indian River County Library System has been awarded a Library Services and Technology Act Grant from the State of Florida, Department of State, Division of Library and Information Services for its project. "Expanding Technology Skills Education" in the amount of $9,646. This grant will be used to expand digital instruction curriculum for adults of all ages utilizing a portable computer classroom. The funding will be used to purchase laptops and peripherals in order to teach a series of hands-on lessons in order to increase technology skills of seniors, employment seekers, entrepreneurs, information seekers, and those interested in personal enrichment. All tasks associated with the project will be performed by September 30, 2021. FUNDING: There is potential for a small amount, not to exceed $300, to be required above the grant amount depending on current pricing from Dell. Funding is available in the General Fund/Main Library/ Operating Supplies (00110971-035290). RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners accept the Indian River County Library System LSTA Grant Agreement and authorize the Chairman to sign and return the LSTA Agreement to the Library Services Director to be forwarded to the appropriate State Library staff. ATTACHMENTS: LSTA Grant Agreement Grant Form AGENDA ITEM FOR DECEMBER 8.2020 33 PROJECT NUMBER 20 -1 -STA -B-07 LIBRARY SERVICES AND TECHNOLOGY ACT GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Indian River County for and on behalf of Indian River County Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the Indian River County for and on behalf of Indian River County Library hereinafter referred to as the "Subgrantee." The Subgrantee has met all eligibility requirements and has been awarded a Library Services and Technology Act Grant (CFDA 45.310) by the Division: grant number 20-LSTA B-07 for the project "Expanding Technology Skills Education" in the amount of $9,646. Federal funds are provided through the Library Services and Technology Act under Florida's long-range plan approved by the Institute of Museum and Library Services. State of Florida authority for this grant has been appropriated in the FY 2020-2021 General Appropriations Act on Tine 3168. The Division, as administrator of federal funds in accordance with Section 257.12, Florida Statutes, has the authority to administer this grant. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the "Expanding Technology Skills Education," the public purpose for which these funds were awarded: a) The Subgrantee shall perform the following Scope of Work: The Indian River County Library will expand digital instruction curriculum for adults of all ages utilizing a portable computer classroom. The population served by this project consists of adults able to attend in- person instruction sessions. This adult population includes seniors, employment seekers, entrepreneurs, information seekers and those interested in personal enrichment. This project is comprised of four primary tasks. The first task is creating a schedule of classes and developing the corresponding lesson plans, practice activities and handouts for these classes. The second task is acquiring the needed equipment to create a hands-on learning experience, with the belief that applying the lessons directly through course activities and repetition will aid attendees in the retention of new skills. The third task is implementing the new curriculum, and the fourth and final task consists of evaluating class surveys and feedback in order to adjust the curriculum as needed. All tasks associated with this project, will be performed by September 30, 2021. b) The Subgrantee agrees to provide the following Deliverables related to the Scope of Work for I DLIS airended regih- jantch fi•oin 33 % to 20% ui A%mst 2020. LSTA Giant Agrcenviit (Fonn DLISlLSTAOI ) Chapter I13 -2.011(2)(d), Florida Adininistr ative Code, effective 03-2020 34 Page: 1 payments to be awarded. # Payment Deliverable Description Documentation Payment i Type Amount 1 Fixed The Indian River County Library will Indian River County Library $4,823 Price have: 1. Created an outcome -based will provide: 1. Examples of assessment tool that is appropriate for the required outcome -based each impacted activity of the project. 2. evaluation questions, along Completed the lesson plans for the with written details of when classes. 3. Created the schedule of and where the survey classes. questionnaires will be used. 2. Copy of the lesson plans. 3. Copy of the schedule of classes. 2 Fixed The Indian River County Library will have Indian River County Library i $4,823 Price planned and implemented the publicity for will provide a spreadsheet the new programs, including: 1. The illustrating the number of creation of print flyers available at all related flyers distributed, social library branches. 2. Broadcast of digital media posts sent - responses content to be pushed out on the library's received, subscriptions to local i social media platforms and website. 3. print publications incorporated i Use of local print publications. 4. Use of and class registrations taken. standardized registration system. Totals $9,646 c) The Subgrantee has provided an Estimated Project Budget (which is incorporated as part of this Agreement and titled Attachment A). All expenditures for this agreement shall be in accordance with this budget. 2. Length of A.greement.This Agreement shall begin on July 1, 2020 and shall end September 30, 2021 unless terminated in accordance with the provisions of Section 38 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than 30 days prior to the termination date of this Agreement. 3. Expenditure of Grant and Matching Funds. The Subgrantee shall only obligate or expend grant or matching funds during the length of the agreement. No costs incurred after the ending date of the Agreement or other termination of the Agreement shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's Page: 2 IDUS aiwnded regL&ed match four 330ro to 20% 6 Augtst 2020. 35 LSTA Cirwit Aggeemmit (Fonn DLISJ STAOI ) Chapter IB -2.011(2)(d), Florida Adininistrative Code, effective 03-2020 contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: David Beach, Library Program Specialist Florida Department of State R.A. Gray Building Mail Station #913 500 South Bronough Street Tallahassee, Florida 32399-0250 Phone: 850.245.6630 Facsimile: 850.245.6643 Email: david.beach@dos.myflorida.com For the Subgrantee: Tracey Wehking, Library Director Indian River County Library 1600 21st Street Vero Beach Florida 32960 Phone: 772.770.5060 Email: twehking@irclibrary.org 5. Grant Payments. All grant payments are requested by submitting a Payment Request. Payment Requests and supporting documentation must be submitted on the DOS Grants System at dos,grants.com.The total grant award shall not exceed $$9,646 which shall be paid by the Division in consideration for the Subgrantee's minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below: a) The first payment will be 50% of the grant award. Payment will be made in accordance with the completion of the Deliverables. b) The second payment will be 50% of the grant award. Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments. The Subgrantee can choose to use electronic funds transfer (EFT) to receive grant payments. All Subgrantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form (form number DFS -AI -26E rev 6/2014), incorporated by reference, to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit n24gridacfo.com/Division/AA/Forms/DFS-Al-26E.p . The form also includes tools and information that allow you to check on payments. IDLIS ar mded required n-ntch fion133°ro to 20% ui August 2020. LSTA Grant Agreen-nit (Form DLIS/LSTA01) Chapter I B -2.0.11(2)(d), Florida Adininistratire Code, effective 03-2020 36 Page: 3 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.mvfloridacfo.com. If the Subgrantee has not previously submitted a copy of the Subgrantee's Florida Substitute Form W-9, a copy must be submitted with the executed Agreement. 8. Changes to Project. Should the Subgrantee wish to make changes to the outcomes, Scope of Work, equipment to be purchased, key personnel, expenditures or deliverables, the Subgrantee must request permission to revise the project. This is done by submitting a Change Request. Changes within a budget category that are more than ten percent (10%) of the award or that move funds from one budget category to another require submission of a Change Request. Approval must be obtained from the Division before the changes are implemented in the project. Approval will be granted for changes that are consistent with the intent of the approved application or prior Change Requests. Changes to the project must be requested using the Change Request in the DOS Grants System at dosmnts.com. 9. Amendment to Contract. Either party may request modification of the provisions of this Agreement by filing a Change Request with the Division. The Change Request must be submitted using the DOS Grants System at dosgrants.com. Changes that are agreed upon shall be valid only when amended in writing, signed by each of the parties and attached to the original of this Agreement. If changes are implemented without the Division's written approval, the organization is subject to noncompliance, the grant award is subject to partial or complete refund to the State of Florida and this agreement is subject to termination. 10. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: a) The first payment will be withheld if Deliverables are not satisfactorily completed. b) Second payment will be withheld if Deliverables are not satisfactorily completed. 11. Grant Reporting Requirements. The Subgrantee must submit a Mid -Year Report on or by January 30, 2021. The Mid -Year report must be submitted using the DOS Grants System at dosgrants.com. At the completion of the project, the Subgrantee must submit a Final Report on or by November 1, 2021. The Final Report must be submitted using the DOS Grants System at dosgrants.com. 1.2. Matching Funds.l If a project is awarded less than $10,000 ($049,999) in grant funds or is a statewide project administered by a local organization as part of a Division statewide program, no matching funds are required. All other projects must provide local matching funds that equal a minimum of 20 percent (20%) of the amount of federal grant funds awarded. Upon request, the Division will waive the financial matching requirements on grants for libraries located in counties or communities with rural status in compliance with Sections 288.0656 and 288.06561, Florida Statutes. In addition, the following are not allowed as matching expenditures: IDLIS arrended regimed nmteh fi•om 330//0 to 20%/0 iri August 2020. TSTA Grant Ag'eemeitt (Fonn DUS/I.STA01) Chapter 1B-2.01 I(2)(d), Florida Administrative Code., effective 03-2020 37 Page: 4 • Other federal grant funds. • Volunteer time. 13. Grant Completion Deadline. The grant completion deadline is September 30, 2021. The Grant Completion Deadline is the date by which all grant and matching funds have been expended in accordance with the work described in the Scope of Work as detailed in the Estimated Project Budget. 14. Acknowledgement of Grant Funding. Both the Institute of Museum and Library Services (IMLS) and the Division require public acknowledgement of Library Services and Technology Act (LSTA) grant funding for activities and publications supported by grant funds. Any announcements, information, press releases, publications, brochures, videos, webpages, programs, etc. created as part of an LSTA project must include an acknowledgment that LSTA funds were used to create them. Use the following text: "This project was funded under the provisions of the Library Services and Technology Act from the Institute of Museum and Library Services. Florida's LSTA program is administered by the Department of State's Division of Library and Information Services." 15. Non -allowable Grant Expenditures. The Subgrantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state and federal guidelines for allowable project costs. State guidelines for allowable costs are outlined in the Department of Financial Services' Reference Guide for State Expenditures (as of January 2020), incorporated by reference, which are available online at hM2s•//www mvfloridacfo com/division/aa/manuals/documents/ReferenceGuideforStateExpendib=s pdf. Federal guidelines for allowable costs can be found at gpo,gov/fdsys/pkg/CFR-2014-title2-voll/pdf/CFR- 2014-title2-voll-nart200-subpartE.pdf in 2 CFR Part 200, Subpart E — Cost Principles (as of September 2019), incorporated by reference. In addition, the following are not allowed as grant expenditures: a) Construction. Funds may not be used to build, remodel or expand library facilities. However, they may be used to retrofit a building to accommodate technologies (e.g., wiring). b) Audits. If the Subgrantee's governing entity has received less than $750,000 in federal funds, LSTA funds may not be used to cover audit costs. c) Food. Although food may be served at a program being paid for with grant funds, the food may not be purchased with grant or matching funds. 16. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes. 17. Equipment Purchased With Grant Funding. Before the Subgrantee can purchase any equipment with a purchase price of more than $5,000 (per item), the Division must request approval from the Institute of Page: 5 1DLIS m-rixled requhved bitch fi-om 33% to 20° o in Ault 2020. 38 LSTA Cunt kgcen-av (Foran DLIS/I STA01) Chapter I B-2.01 '1(2)(d), Florida Administrative Code, effective 03-2020 Museum and Library Services. The Subgrantee will be notified once the approval has been obtained. 18. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Subgrantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Subgrantee. In addition, funds paid in excess of the amount to which the Subgrantee is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the Subgrantee may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state and federal financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of funds. For state funds, guidelines for allowable costs are outlined in the Department of Financial Services' Reference Guide for State Expenditures (as of January 2020) (hips://www.myflQridacfo.com/division/aa/manuals/documents/ReferenceGu deforStateEuendiftues.pdd incorporated by reference. For federal funds, guidelines for allowable costs can be found gpo.gov/fdsys/pkg/CFR-2014-title2-voll/pdf/CFR-2014-title2-voll-part200-subl2artE.12df in 2 CFR Part 200, Subpart E — Cost Principles (as of September 2019), incorporated by reference. 19. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: David Beach, Library Program Specialist, Division of Library and Information Services, 500 South Bronough Street, Mail Station #9D, Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Subgrantee shall pay to the Department a service fee of $15.00 or five. percent (5%) of the face amount of the returned check or draft, whichever is greater. 20. Single Audit Act. Each Subgrantee, other than a Subgrantee that is a state agency, shall submit to an audit pursuant to the federal Single Audit Act, 2 Code of Federal Regulations Part 200, Subpart F — Audit Requirements (ggo.gov/fdsysZpkg CFR-2014-title2-voll/pdf/CFR-2014-title2-voll-part200.pdf (as of September 2019)), incorporated by reference. See Attachment B for additional information regarding this requirement. If a Subgrantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 218.39, Florida Statutes within nine months of the close of its fiscal year. 21. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained through June 30, 2029. If any litigation or audit is initiated or claim made, the records shall be retained until June 30, 2029 or five fiscal years after the litigation, audit or claim has been completed and all issues arising from it have been resolved, whichever is later. 22. Obligation to Provide State Access to Grant Records. The Subgrantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 23. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Subgrantee refuses public access to all documents or other materials 1DLIS .uwtAed regLikd matchkom330o to 20%uiAugust 2020. LSTA Giant Agreent nt. (Fonn DLIS/LSTA01) Chapter I B-2.011(2)(4), Florida Administrative Code, effective 03-2020 39 Page: 6 made or received by the Subgrantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Subgrantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 24. Noncompliance. Any Subgrantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 25. Accounting Requirements.The Subgrantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Subgrantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Subgrantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; e) The Subgrantee's accounting records must have effective control over and accountabilityfor all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 26. Availability of Grant Funds. The State of Florida's performance and obligation to pay grant funds under any Agreement are contingent upon an annual appropriation by the Florida Legislature and upon an annual appropriation of the U.S. Congress. In the event that the state or federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Subgrantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Subgrantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 27. Excluded or Disqualified. The Subgrantee certifies that to the best of the Subgrantee's knowledge and belief the Subgrantee and its principals: Page: 7 DLIS airended regt&ed imtch from 33% to 20% ni August 2020. LSTA Crier. A_geenmtt (Fonn DLIS/L.STA0I ) Chapter I13-2.0.1 I (2)(d), Florida Administrative Code, effective 03-2020 40 a) Are not presently excluded or disqualified (debarment, suspension and other responsibility matters); b) Have not been convicted within the preceding three years of any of the offenses listed in 45 CFR 1185.800(a), (gpo.gov/fdsys/pkg/CFR-2005-title45-vo13/pdflCFR-2005-title45-vola-part1185- subpartH.pdf (as of September 2019)) incorporated by reference, or had a civil judgment rendered against them for one of those offenses within that time period; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses listed in 45 CFR 1185.800(a) (gpo.gov/fdsys%pkg/CFR-2005-title45-vola/pdf/CFR-2005-title45-vola-partl 185-subpartH.pdf (as of September 2019)), incorporated by reference; and d) Have not had one or more public transactions (federal, state or local) terminated within the preceding three years for cause or default. e) Will comply with 45 CFR Part 1185 Subpart C (Responsibilities of Participants Regarding Transactions) (gpo. og v/fds ryss/pkg/CFR-2005-title45-vol3/pdf/CFR-2005-title45-vola-part1185-subpartC.pdf (as of September 2019), incorporated by reference, and will require similar compliance with Subpart C by persons at the next lower tier with whom the primary tier participant enters into covered transactions. 28. Drug -Free Workplace. The Subgrantee will provide or continue to provide a drug-free workplace by complying with the requirements in 45 CFR, Subtitle A, Subchapter A, Part 76, Subpart F, Drug Free Workplace Requirements (Grants) (gpo.gov/fdsys/pkg/CFR-1999-title45-voll/pdf/CFR-1999-title45-voll- part76-subpartF.pdf (as of September 2019), incorporated by reference. This includes making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug-free workplace statement; establishing a drug-free awareness program for employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.; and identifying (either with this application, upon award, or in documents kept on file in the Subgrantee's office) all known workplaces under the award. 29. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. The Subgrantee will not use any grant funds for lobbying an officer or employee of any federal agency, Member of Congress, officer or employee of Congress, or an employee of.a Member of Congress in connection with any of the following federal actions: a) The awarding of any federal contract. b) The making of any federal grant. c) The making of any federal loan. d) The entering into of any cooperative agreement. e) The extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. IDLIS aimnded regtdred nutch fi-om 33% to 20% ui A%aist 2020. TSTA Gott Ap-een-ent (Fonn DLIS/LSTA01) Chapter 1 B -2.011(2)(d), Floiida Adininisti alive Code, efrective. 03-2020 41 Page: 8 30. Delinquent in Repayment of Federal Debt. The Subgrantee certifies that, to the best of the Subgrantee's knowledge and belief, the Subgrantee is not delinquent in the repayment of any federal debt. 31. Nondiscrimination. As required by the Civil Rights Act of 1964, (eeoc.gov/laws/statutes/titlevii.cfin (as of September 2019)) incorporated by reference, the Rehabilitation Act of 1973 (us code.house.gov/viewalilml? path=/prelim@title29/chapterl6/node332&edition=prehm (as of September 2019)), incorporated by reference, the Education Amendments of 1972 (uscode.house.gov/view.xhtml? path=/ rn elim(er�.title20/chUter38&edition=prelim (as of September 2019)), incorporated by reference, and the Age Discrimination in Employment Act of 1975, as implemented by 45 CFR Part 1180.44 (uscode.house.gov/view.xhtml?path=/prehm2title42/chapter76&edition=prelim (as of September 2019)), incorporated by reference, the Subgrantee certifies that the Subgrantee will comply with the following nondiscrimination statutes and their implementing regulations: a) Title VII of the Civil Rights Act of 1964, as amended (42 USC § 2000 et seq.) (eeoc.gov/laws/statutes/titlevi .cfin (as of September 2019)) incorporated by reference, which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity receiving federal financial assistance; b) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 701 et seq.) (uscode.house.gov/view.xhtml?path=/prehmntitle29/chapterl6/&editio=relim (as of September 2019)), incorporated by reference, which prolubits discrimination on the basis of disability in federally -assisted programs; c) Title IX of the Education Amendments of 1972, as amended (20 USC §§ 1681-83, 1685-86), (uscode.house.gov/view.xhtml?path=/prehmna.title20/chapter38&edition=prelim (as of September 2019)) incorporated by reference, which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance; and d) The Age Discrimination in Employment Act of 1975, as amended (42 USC § 6101 et seq.), (uscode house goy/view xhtmhpath=/prelin title42/chapter76&edition=prelim (as of September 2019)) incorporated by reference, which prohibits discrimination on the basis of age in federally -assisted programs. The Subgrantee shall insert a list of similar provisions in all subcontracts for services required by this agreement. 32. Copyright and License. When publications, films or similar materials are developed, directly or indirectly, from a program, project or activity supported with grant funds, Subgrantee (and any of its subcontractors, if applicable) shall grant the Department of State an irrevocable, royalty -free, non -transferable, non-exclusive right and license to reproduce or otherwise use, to make derivative works from, and to display and distribute any copyrighted material developed under this Agreement for any state governmental purpose. The Subgrantee also grants the federal awarding agency a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: a) The copyright in any work developed under a grant, subgrant or contract under a grant or subgrant; and 'DLIS am nded regtvred match from 330ro to 20% in Aught 2020. LSTA Grwn Agreerrant (Foran DLIS/LSTA01) Chapter 1B -2.011(2)(d), Flor•ickiAc ninistrcrtive Code, effective 03-2020 42 Page: 9 b) Any rights of copyright to which the grantee, subgrantee or a contractor purchases ownership with grant support. The Subgrantee shall include the foregoing paragraph in all of its subcontracts. 33. Independent Contractor Status of Subgrantee. The Subgrantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Subgrantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 34. Subgrantee's Subcontractors. The Subgrantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Subgrantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Subgrantee's subcontract(s), and the Subgrantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Subgrantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. 35. Liability.The Division will not assume any liability for the acts, omissions to act or negligence of the Subgrantee, its agents, servants or employees; nor may the Subgrantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Subgrantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Subgrantee, its agents, servants, employees and subcontractors.. The Subgrantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Subgrantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Subgrantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Subgrantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Subgrantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Subgrantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 36. Strict Compliance with Laws. The Subgrantee shall perform all acts required by this Agreement in strict Page: 10 IDUS ,nm-ded required match from 33% to 20° o in AtgLbt 2020. 43 LSTA Omit Ageen-ent (Foran DLIS/LSTA01) Chapter 1B -2.011(2)(d), Florzda Administrative Code, effective 03-2020 conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 24, Noncompliance. 37. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Subgrantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 38. Termination of Agreement. The Division will terminate or end this Agreement if the Subgrantee fails to fulfill its obligations herein. In such event, the Division will provide the Subgrantee a notice of its violation by letter and shall give the Subgrantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Subgrantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Subgrantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 39. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 40. Non -Assignment of Agreement. The Subgrantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Subgrantee's obligations, the Subgrantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 41. Required Procurement Procedures for Obtaining Goods and Services.The Subgrantee shall provide maximum open competition when procuring goods and services related to the grant -assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Subgrantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Subgrantee's discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, Page: 11 'DLIS aimnded regtm-ed nutch fron133% to 20° o in Augnut 2020. LSTA Gime Agreeinent (Fonn DLISLISTAO'1) Chapter IB -2.011(2)(d), Florida Adininistrative Code, effective -03-2020 44 acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid', Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other, appropriate procurement document. 42. Conflicts of Interest. The Subgrantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112,311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Subgrantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 43. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Subgrantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 44. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Subgrantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act (8 USC 1324(a)) (as of September 2019), incorporated by reference. If the Subgrantee knowingly employs unauthorized aliens, such violation shall be cause: for unilateral cancellation of this Agreement. 45. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 46:. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501 through 553.513, Florida Statutes and the Americans with Disabilities Act of 1990 ada. ov (as of September 2019)), incorporated by reference. 47. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 48: Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement; b) Estimated Project Budget (Attachment A); and c) Florida Single Audit Act Requirements (Attachment B). Page: 12 IDLIS anvilded rcgiured match from33% to 20° o h August 2020. 45 LSTA Giant kgeerncnt (Fonn DLISiTSTA01) Chapter '1 B-2.0 l 1(2)(d), Florida Administrative Code, effective 03-2020 In acknowledgment of Project Number 20-LSTA B-07, provided for from funds appropriated in the FY 2020-2021 General Appropriation Act in the amount of $9,646, the Subgrantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Subgrantee: Authorized Official for the Subgrantee Department of State LM Amy Johnson, Director Division of Library and Information Services Department of State, State of Florida Typed name and title Typed name and title Date Date Witness Witness Date Date Page: 13 1DLIS ammixied regrmred match from 33% to 20% in August 2020. 46 LSTA Cn quit. Agreerm-rd (Foran DLIS/LSTA01) Chapter IB -2.011(2)(d), Flo idaAdinin/stratiue Code, effective 03-2020 IDUS atmixied required match fi•om 33% to 20% in August 2020. LSTA Grant Agreenritt (FormDLIS/LSTA01) Chapter 1B -2.011(2)(d), Florida Adininistrative Cade, e$ective 03-2020 Page: 14 47 Project Number: 20-LSTA B-07 Expanding Technology Skills Education ATTACHMENT A Estimated Project Budget Description I Grant Funds I Cash Match In Kind Match Supplies Logitech B100 Corded Mouse I Sol $110 Subtotals I $0 $1101 $0 Equipment Dell Inspiron G5 15 5505 Laptop $9,646 $155 j Subtotals I $9,6461 $155 11 $0 . Totals I $9,646 I $2651 $0 ':DLIS am ided regL&ed nntch fi-oni 331io to 20% ni August 2020. LSTA Chant AgeemTt (Fonn DLIS/1-STA01) Chapter I B-2.01 ] (2)(d), Florida Administrative Cocle. efrective 03-2020 Page: 15 G• ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS I_ 01 � I 1alp MVIQ \ - The administration of resources awarded by the Department of State to the Subgrantee may be subject to audits and/or monitoring by the Department of.State as described in this Addendum to the Grant Award Agreement. In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see Audits below), monitoring procedures may include, but not be. limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipientagrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. Audits Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. Exhibit 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, will meet the requirement of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e. the cost of such an audit must be paid from recipient resources obtained Page: 16 'DLIS atwnded reg4ed match from 330ro to 20% in August 2020. LSTA Cit -ant Ageerrrnt (Fonn DLIS/I STA01) Chapter 1 B -2.011(2)(d), Florida Administrative Code, effective 03-2020 49 from other than federal entities). Part II: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2),F.S. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017 and thereafter), the recipient must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5 F.A.C., State Financial Assistance; and Chapters Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2) F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017 and thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) hapJ/www.myd oridacfo.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) hMV/www.le9.state.fl.us/ Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by PART I of this agreement shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: DLIS arreiided regtmed match fiom 330 a to 20% b August 2020. TSTA Grain Agreenutit (Fonn DLIS/LSTA01) Chapter IB -2.011(2)(d), FloildaAdininistaative Code, effective -03-2020 Page: 17 50 Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.6 and section 200.512 The FAC's website prides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 3. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97 F. S. and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. IDLIS aims-ded regtdred match fiom 33% to 20° o ' i AVat 2020. LSTA Gait Akg7eement (Foran DLIS/LSTA01) Chapter 1 B -2.011(2)(d), Florida Administrative Code, effective 03-2020 Page: 18 51 EXHIBIT —1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Florida Department of State, Library Services and Technology Act Grant CFDA Number 45.310 Award amount: $9,646 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Code of Federal Regulations, Title 2 Grants and Agreements, Revised January 1, 2014 (2 CFR 2) STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: If a project requests less than $10,000 ($049,999) in grant funds, no matching funds are required. All other projects must provide local matching funds that equal a minimum of one-third (1/3) of the amount of federal funds requested or awarded. A library in a county or community with rural status may request a waiver of the match requirements at the time of the grant application in compliance with Section 288.06561, Florida Statutes. Statewide projects coordinated by the Division may have the matching requirement waived. Local matching funds may be in-kind or cash contributions. Expenditure of funds by partners on project -related activities may be used as match. The expenditures must be documented and reported. Local matching funds may not be used on more than one project. Matching funds must be related specifically to the project. Matching fund expenditures may only be made during the project period. Funds expended before or after the project period may not be used as match. The following may not be used as match for grants: Other federal grant funds, volunteer time. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Not applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable 1 DLIS ameixied regLdred tmtch from 33 % to 20% iui Augist 2020. LSTA Gait Agrees= (Fonn DLIS/-STA01) Chapter 113-2.011(2)(d), FloridaAdministrative Code, effective 03-2020 Page: 19 52 GRANT NAME: Library Services and Technology Grant GRANT # AMOUNT OF GRANT: $9,646 DEPARTMENT RECEiVING GRANT: General Services/Libray Servi:cZ CONTACT PERSON: Tracey L. Wehking { 1. How long is the grant for? 15 months Starting Date: July 1, 2020 2. Does the grant require you to fund this function after the grant is over? Yes x No 3. Does the grant require a match? _ Yes Y Nn If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant _. % 5. Grant match amount required $ 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? x _Yes 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? Yes x ---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 1 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? I Signature of Preparers Date: Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparers Date: /09/ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: November 23, 2020 SUBJECT: The Virginia W. Russell Family Limited Partnership and Segment Markets 85, Inc.'s Request to Rezone Approximately 78.29 Acres from MED, Medical to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project to be known as Harbor Bluffs PD [PD -20-09-02 / 99040218-872791 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 8, 2020. DESCRIPTION & CONDITIONS: This is a request by The Virginia W. Russell Family Limited Partnership and Segment Markets 85, Inc., through their agent Masteller & Moler, Inc., to rezone approximately 78.29 acres from MED, Medical to PD, Planned Development. As part of the rezoning request, a conceptual PD plan has been submitted for review and approval (see attachment 5). The project site is zoned MED, Medical, is currently vacant, and is located south 41" Street between US Highway 1 and Indian River Boulevard (see attachments 1 and 2). The purpose of this request is to allow an option for the developer of the approved 624 -unit multi -family development to develop a smaller number of single-family and duplex units in place of some of the multi -family units, at an overall project density not to exceed 7.75 units/acre. If approved, the PD rezoning will result in a net reduction from the approved project residential density if the single-family option is exercised. On March 28, 2019, the Planning and Zoning Commission (PZC) granted conceptual site plan and administrative permit use approval to allow construction of a maximum of 624 multi -family units on the project site (SP -CP -18-06-15). After that approval, the applicant was approached by a home builder (Pulte Group) that expressed interest in building a smaller number of single-family and duplex units in place of some of the approved multi -family units within a portion of the overall project site. Single-family and duplex. units are not an allowable use within the MED zoning district. Therefore, the applicant is now applying for a PD zoning designation that will allow for development of single-family units, duplex units, and multi -family units. If approved, the PD rezoning and conceptual PD plan will supersede the 2019 conceptual site plan and administrative permit use approval. Planning and Zoning Commission (PZC) Recommendation: At its meeting of November 12, 2020, the PZC voted 6-0 to recommend that the Board of County Commissioners (BCC) approve the project with all staff recommended conditions (see attachment 3). 54 Board of County Commissioners (BCC) Review: The BCC is now to review the application, conduct a public hearing, and make a final decision to approve, approve with conditions, or deny the PD rezoning request and the accompanying conceptual PD plan. Development Options Available to the Developer: There are two options available to the applicant 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: 1. Rezone the property to a conventional multi -family zoning district, such as RM -6 or RM -8, and then seek PD special exception use approval for the proposed development with lot size and setback waivers. However, rezoning to a conventional multi -family zoning district would also require a future land use map amendment to the project site's underlying land use designation; or 2. Rezone the site to a PD zoning district that allows the proposed PD plan at a density not exceeding the project site's current underlying land use designation (C/l, Commercial/Industrial) maximum density of up to 8 units per acre. The developer has opted to apply for a PD rezoning (option #2 above) for the overall project site. If the subject application is approved, the site will be rezoned to PD and will be governed by the approved Harbor Bluffs conceptual PD plan. The PD Zoning District Generally: A number of residential projects have been approved through the PD rezoning process. These include Harmony Reserve, 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 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 designation for a property, the conceptual PD plan establishes the general unit arrangement, lot size, and dimensional standards for the overall 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 conceptual PD plan proposes the phased development of a maximum of 624 multi -family units (conventional multi -story apartment buildings, townhomes, and single -story apartment buildings). However, the conceptual PD plan also includes an alternate conceptual PD plan option (see attachment 6) that allows development of single-family and duplex units within a portion/phase of the overall PD project. It should also be noted that net density of an individual phase (or POD) may exceed the maximum density of 8 units per acre for that specific portion of the overall PD project. However, the average density for the overall PD project will not exceed 8 units per acre. 55 In Planning staff's opinion, the PD rezoning option is an appropriate mechanism for approving a mixture of residential unit types within the C/I, Commercial/Industrial land use designation. 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. 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 BCC. STEP 2. Preliminary PD Plan/Plat (combination of site plan and preliminary plat) Approval: Review and recommendation made by staff. Final action taken by the PZC. Must comply with the approved conceptual PD plan and any conditions imposed by the BCC at the time of PD zoning approval (Step 1). STEP 3. Land Development Permit (LDP) or LDP Waiver: Reviewed and issued by staff for construction of subdivision improvements (road, 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 BCC. STEP 6. Certificate of Occupancy: Issued by staff (after inspections) for use and occupancy of buildings. The applicant is seeking approval of Step 1 at this time. 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 significantly reduce setbacks (by more than 20%), intensify the site use (e.g. increase the maximum number of units), 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 BCC. Proposed PD District for the Project Site: The subject site has a C/I, Commercial/Industrial 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 control the types of specific uses and the densities allowed on the subject site. The conceptual plan will also establish the dimensional criteria applicable to the site. 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 LDRs identify that the MED zoning district should meet a residential equivalency 56 of the RM -8 zoning district regulations. For comparison, staff is providing a table showing the standard development parameters of the equivalent RM -8 zoning district and the proposed PD district (waivers). COMPARISON: RM -8 AND PROPOSED PD DISTRICT Development Parameter/Waiver RM -8 Proposed PD District Single -Family Duplex Minimum Lot Size 7,000 SF 5,200 SF 4,420 SF Minimum Lot Width 70' 40' 33' Principal Structure Setbacks Front 25' 20' 20' Front Corner 25' 10'15'* 10'15'* Side 10' 5' 5'/0' Rear 25' 15' 15' Accessory Structure Setbacks Front 25' 20' 20' Front (Comer) 25' 10'/5'* 10'/5* Side 10' 3' 3' Rear 25' 3'/0'** 3'/0'** Covered Porches and Patios (Open air or screened) Front 25' 20' 20' Front Corner 25' 10'15'* 10'15'* Side 10' 3' 3' Rear 25' 3'/0'** 3'/0'** Pools (Water line Front 25' 20' 20' Front Corner 25' 105/5'* 10'/5'* Side 10' 3' 3' Rear 10' 3' 3' Uncovered Patios, Decks, and Pool Decks Front 25' 20' 20' Front Corner 25' 10'/5'* 10'/5'* Side 10' 3' 3' Rear 10' 3'/0'** 3'/0'** Maximum Building Coverage per Lot 30% 80% 82% Minimum Open Space per Lot 30% 20% 18% Minimum Open Space Overall Project 30% 42% 42% Notes: * If abutting an intervening open space tract that is a minimum of 5' wide, the front corner setback can be reduced to 5'. ** The 0' rear setback only applies to rear yards that are abutting a stormwater tract. 57 USE TABLE MED. District Uses Proposed PD District Uses Hospitals, medical offices, outpatient services, Single-family, duplex and multi -family residential assisted living facilities, and multi -family units residential uses at an RM -8 equivalency 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, including the "alternate" conceptual layout for the single-family and duplex units. At the applicant's request, the PD rezoning ordinance also includes a 10 -year reverter to the site's current MED zoning district which is consistent with the surrounding area. As structured, the proposed rezoning ordinance reverter provides that if no project development commences within 10 years from the date of conceptual PD plan approval, that approval will expire and the entire property zoning will revert to MED. PD REZONING ANALYSIS: Existing Zoning and Land Use Pattern: The overall project site is approximately 78.29 acres. The entire project site consists of abandoned citrus groves that have since been cleared. • North of the project site is 41St Street. There are two residential single-family subdivisions located on the north side of 41St Street. The western subdivision is known as Casa Bella (f.k.a. Indian River Courts PD), was approved as a residential PD, and is zoned RM -8. The eastern subdivision is known as Lily's Cay, was approved as a residential plat -over site plan development, and is zoned RM -6. • East of the project site is a vacant abandoned citrus grove (Riverfront Groves Inc.) and the Solaris Assisted Living Facility, and both properties are zoned MED. • South of the project site is a number of properties containing medical offices, outpatient clinics, residential centers, and assisted living facilities. All of the properties to the south are zoned MED. • West of the project site is several large vacant properties that are zoned MED. At the southwest corner of the project site is 17"' Avenue and 39' Street, and the W.E. Geoffreys Subdivision which is zoned RM -8. Consistency with the Comprehensive Plan: Rezoning requests are reviewed for consistency with the goals, objectives, and 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. 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. 58 Future Land Use Policy 2.2: Indian River County shall encourage and direct growth into the 2030 Urban Service Area through zoning, subdivision, and land development regulations. Such regulations shall promote efficient development by requiring utilization of the existing street system, extension of public facilities where necessary, connection to the centralized potable water and sanitary sewer systems where available, and incentives for mixed use projects. Note: The project site is located within the 2030 Urban Service Area, will connect to the existing street system (41St Street), and will extend the County street system (proposed 11th Drive). The project will be served by County water and sewer, and will provide an appropriate mix of single-family, duplex, and multi -family units. Therefore, the proposed PD district and accompanying conceptual PD plan are consistent with Policy 2.2. Future Land Use Policy 5.3: Indian River County zoning districts shall permit a variety of residential building and development styles; and Future Land Use 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. Note: The proposed PD district and accompanying conceptual PD plan are consistent with these policies because the Harbor Bluffs PD plan proposes a mixture of residential building types with significant common open space and a variety of housing choices. Transportation Policy 3.2: The County shall continue to eliminate existing right-of-way deficiencies, preserve existing right-of-way, and acquire future right-of-way for all collector and arterial roadways as necessary to meet the right-of-way requirements for programmed improvements. These standards will be met by requiring appropriate land dedication through the plat and site plan review and approval processes. Dedication for right-of-way exceeding local road standards shall be compensated through traffic impact fee credits, density transfers, or purchase. Note: The proposed PD includes the dedication of right-of-way (ROW) for 11th Drive which will ultimately be constructed as a north/south County collector road between 37th Street and 41St Street. The 11th Drive project is discussed in more detail in the PD Plan Analysis section of this staff report. Transportation Policy 8. 1: The County will implement Future Land Use Element policies which restrict urban sprawl, limit strip commercial development, promote infill, encourage TND projects, promote public transportation, and encourage higher intensity uses in major corridors. Note: The proposed PD rezoning results in a mix of land uses in close proximity, and supports Transportation Policy 8.1. 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 and accompanying conceptual PD plan are consistent with the comprehensive plan. 59 Compatibility with Surrounding Areas: 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 immediate area, and those within the general area. Immediate Area: The properties along the north project boundary consist of two residential single-family subdivisions known as Casa Bella (fk.a. Indian River Courts PD) and Lily's Cay. The subject site is separated from the properties to the north by 41St Street which is a paved, two-lane local collector road. Based on the land use designation of the properties to the north (M-1, Medium -Density Residential -1), the existing uses (single- family detached homes), and the proposed residential uses on the project site, the PD regulations require a 25' project perimeter setback (buildings, driveways, roadways, and parking areas), but they do not require a Type `B" landscape buffer. However, the County LDRs do require a local road landscape buffer, and the proposed conceptual PD plan and conceptual landscape plan provide the required local road buffer (see attachments 5, 6, and 7). The properties along the east project boundary consist of a vacant abandoned citrus grove (Riverfront Groves Inc.) and the Solaris Assisted Living Facility. To ensure compatibility, the PD regulations require a 25' wide Type `B" buffer along the east project boundary, and the proposed conceptual PD plan and conceptual landscape plan provide the required 25' Type `B" buffer (see attachments 5, 6, and 7). The properties along the south project boundary consist of a number of properties containing medical offices, outpatient clinics, residential centers, and assisted living facilities. To ensure compatibility, the PD regulations require a 25' wide Type `B" buffer along the south project boundary, and the proposed conceptual PD plan and conceptual landscape plan provide .the required 25' Type `B" buffer (see attachments 5, 6, and 7). The properties along the southern one-third of the west project boundary consist of single-family homes located within the W.E. Geoffreys Subdivision. The subject site is separated from those properties to the west by 17th Avenue and 39' Street, which are both narrow, paved "half' streets. Based on the land use designation of the properties to the west (M-1, Medium -Density Residential -1), the existing uses (single- family detached homes), and the proposed residential uses on the project site, the PD regulations require a 25' project perimeter setback (buildings, driveways, roadways, and parking areas), but they do not require a Type `B" landscape buffer. However, the County LDRs do require a local road landscape buffer, and the proposed conceptual PD plan and conceptual landscape plan provide the required local road buffer (see attachments 5, 6, and 7). The properties along the northern two-thirds of the west project boundary consist of several large vacant properties that are zoned MED. To ensure compatibility, the PD regulations require a 25' wide Type "B" buffer along the northern two-thirds of the west project boundary, and the proposed conceptual PD plan and conceptual landscape plan provide the required 25' Type `B" buffer (see attachments 5, 6, and 7). General Area: The project site is located within Indian River County "medical district", between US Highway 1 and Indian River Boulevard, north of 37th Street and south of 41 " Street. Nearly all of the MED zoned 60 properties that front on 37ffi Street have been developed as medical offices, outpatient clinics, residential centers, assisted living facilities, or supporting services. However, most of the remaining MED zoned properties north of 37a` Street and south of 41" Street have remained vacant and undeveloped. Also, most. of the recent new or expanded medical -related projects have occurred south of 37ffi Street, south of the Cleveland Clinic Indian River Hospital. The proposed Harbor Bluffs development proposes a mixture of residential unit types, including conventional multi -family apartment buildings in the southeast corner of the overall project site (Phase 1) that are intended to serve the residential needs of medical workers at the hospital and surrounding medical facilities. Staff's position is that granting the request to rezone the property to the proposed PD district will result in a development that is compatible with both the immediate area and larger general surrounding area. Concurrency Impacts: 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. Environmental Impacts: Environmental issues are addressed in the PD Plan Analysis section of this report. PD PLAN ANALYSIS: 1. 2. 3. 4. 5. Project Area: 80.50 acres (gross) 2.21 acres (ROW dedication) 78.29 acres (net) Note: The project's required ROW dedication has already been completed per the previous conceptual site plan approval (SP -CP -18-06-15) and associated Developer's Agreement. Zoning Classification: Current: MED, Medical Proposed: PD, Planned Development Land Use Designation: C/I, Commercial/Industrial Number of Units: 624 units (maximum) Density: Proposed: 7.75 units/acre Maximum: 8.00 units/acre Note: The proposed density calculation is based on the gross project area as outlined in the approved Developer's Agreement. Also, the net density of an individual phase (or POD) may exceed the maximum density of 8 units per acre for that specific portion of the overall PD project. However, the average density for the overall PD project will not exceed 7.75 units per acre. 6. Open Space: Required: 30.0% Proposed: 42.5% 61 7. Recreation Area: Required: 7.49 acres Proposed: 7.49 acres Note: The proposed recreation areas will be provided on a phase by phase basis, and each phase will be required to "stand alone" or in addition to a previous phase. 8. Phasing: The project is proposed to be constructed in four separate phases (or PODS). Each phase is designed to "stand alone" or function adequately in conjunction with a previous 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 utility provisions. 10. Traffic Circulation: Primary access to the overall project site will be provided via a new north/south public collector road extension (11th Drive) to be constructed between 37' Street and 41St Street (see attachment 5). That roadway segment is part of an overall public collector roadway project that will run from the US 1/Aviation Boulevard intersection along the western perimeter of the Cleveland Clinic Indian River Hospital campus to 37th Street, and from 37th Street to 41St Street through the Harbor Bluffs project. This collector road project is listed in the adopted Capital Improvements Element (CIE) 5 year plan as an alternate to widening (4-laning) 37' Street, is eligible for traffic impact fee funding. Access to the individual project phases (PODS) within Harbor Bluffs will be provided via private driveway connections/access points to the new road. During the review and approval process of the previous 2019 conceptual site plan approval, the applicant coordinated with County staff on the conceptual alignment and design for 11th Drive. Subsequently, the County and the applicant entered into a Developer's Agreement that outlined the ROW needs for 11th Drive, the design and costs associated with construction of 11th Drive, the timing of construction, transportation impact fee credits, and other miscellaneous details. The adjacent property owner to the east, Riverfront Groves Inc., is also a party to the Developer's Agreement, and agreed to participate in ROW dedication in exchange for future density credits and future transportation impact fee credits. Both the Harbor Bluffs applicant and Riverfront Groves have completed the required ROW dedications for 11th Drive as outlined in the Developer's Agreement. During review of the proposed PD project, the applicant submitted an updated traffic impact study (TIS) that includes a second traffic analysis based on the proposed single-family and duplex option. The Harbor Bluffs proposed driveway connections to the existing and planned roadway system and traffic circulation plan have been reviewed and approved' by Traffic Engineering and Fire Prevention. Additionally, Traffic Engineering reviewed and approved the updated TIS submitted by the applicant. Based on the approved TIS, the following off-site improvements are required: • A westbound left turn lane on 41St Street at the new intersection with 1 Ph Drive • Northbound and southbound left turn lanes on 11th Drive at the project's south driveway • Dual northbound traffic lanes on 11th Drive at 41St Street to accommodate a left turn lane and a right turn lane 62 11. Stormwater Management: The project's conceptual stormwater management design proposes several different stormwater ponds located throughout the overall project, and an interconnected system of stormwater pipes that will direct the project's stormwater runoff into those ponds (see attachment 5). The project will also be required to accept all stormwater runoff generated by the construction of 11 h Drive. Public Works has reviewed and approved the project's conceptual stormwater management design. The final stormwater management design will be reviewed and approved by the Public Works Department via the County land development permit (LDP) review process for each project phase. 12. Required Dedications and Improvements: a. IPh Drive Improvements and Right -of -Way Dedication: As outlined in Section #10 of this report, primary access to the overall project site will be provided via a new public north/south collector road (11 ' Drive) to be constructed between 37th Street and 41" Street. Through coordination with County staff, the County, the Harbor Bluffs applicant, and Riverfront Groves have entered into a Developer's Agreement that outlined the ROW needs for l I' Drive, and both the Harbor Bluffs applicant and Riverfront Groves have already completed the required 11th Drive ROW dedications. The Developer's Agreement also outlines the design and costs associated with construction of l I' Drive, the timing of construction, transportation impact fee credits, and other miscellaneous details. The 11 ffi Drive improvements must be completed prior to the issuance of a certificate of completion (C. of C.) for Phase 1. b. 11 `h Drive Sidewalks: A 5' wide sidewalk is required along both sides of the project site's l lth Drive frontage. The final design of the 11th Drive sidewalks will be reviewed via the County ROW permit for 11th Drive, and must be constructed prior to the issuance of a C. of C. for Phase 1. c. Right -of -Way Dedications and Sidewalks for 17`h Avenue and 39`h Street: The project site has frontage along 17th Avenue and 39th Street which are both narrow "half' streets located within 25 feet of existing ROW. The ROW for both streets was created via the W.E. Geoffreys Subdivision in 1916, and the full ROW width throughout the W.E. Geoffreys Subdivision is 50 feet. Therefore, the applicant is required to dedicate 25 feet of ROW for both streets, without compensation, thereby providing the full 50 feet of minimum ROW width. In addition, the applicant is required to provide a 5 foot wide sidewalk along the project's frontage for both streets. The final sidewalk design will be reviewed via the LDP for that respective project phase. The required ROW dedications must be completed via the final plat for Phase 1. d. Internal Sidewalk/Pedestrian System: An internal pedestrian system is required and proposed throughout the overall project. The final design of the internal pedestrian system will be reviewed via the LDP for each project phase, and will need to be constructed along the frontage of common areas and individual lots in accordance with the requirements of subdivision ordinance section 913.09(5)(b)2. e. Streetlighting: Streetlights are required and proposed, and will be maintained by the property owners' association. Additional streetlight details will be provided with the preliminary PD plan, and the final design of the streetlights will be reviewed via the project's LDP. 63 13. Landscape and Buffering Plan: The applicant has provided a conceptual landscape plan that meets the criteria of Chapter 926, and is sufficient for conceptual PD plan approval (see attachment 7). A detailed description of each required perimeter buffer is provided above in the PD Rezoning Analysis section of this report. Detailed landscape plans will be submitted with the LDP plans for each phase, and must be approved by staff prior to the issuance of an LDP for each phase. 14. Environmental Issues: The project site is a former citrus grove and does not contain any special environmental features (e.g. wetlands or vegetated native uplands). There are a few protected and/or specimen trees located throughout the overall project site that will need to be addressed for preservation or mitigation during review of the LDP for that respective project phase. 15. Concurrency: As required under the County's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the project. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity was available to serve this project at the time of the determination. 16. Public Benefits: For all PD projects, applicants must identify the public benefits that the project will provide in exchange for requested waivers or incentives being sought by the applicant. For the proposed project, the public benefits provided over and above a conventional development plan are as follows: 11 `h Drive Right -of -Way Dedication: For nearly a decade, County staff has contemplated a public collector roadway project that will run from the US 1/Aviation Boulevard intersection along the western perimeter of the Cleveland Clinic Indian River Hospital campus to 37th Street, and from 37th Street to 41St Street through the Harbor Bluffs project site. However, prior to the Harbor Bluffs project, almost no County ROW existed for the roadway project. As previously mentioned, the Harbor Bluffs applicant has entered into a Developer's Agreement with the County and has already dedicated a significant amount of ROW for the future l I' Drive roadway project. 11`h Drive Improvements: In addition to the full ROW dedication for 1 It, Drive, the applicant has agreed to partner with the County to construct the 11th Drive roadway improvements (i.e. paving, drainage, sidewalks) from 41St Street to the southern limits of the overall project site. As part of the approved Developer's Agreement, the County has agreed to share costs associated with the design, permitting, and construction of the 11th Drive improvements that exceed the project's minimum required improvements. • Drainage for 11'h Drive Improvements: The applicant has also agreed to accept stormwater runoff generated by the 1 Ith Drive improvements, which will lessen the County's obligation to construct stormwater treatment facilities within the recently dedicated County ROW or acquire additional private property. 41" Street Eastbound Left Turn Lane: Based on the project's approved TIS, a westbound left turn lane is required on 41St Street at the new intersection with I V' Drive. However, an eastbound left turn lane that would serve the Lily's Cay subdivision on the north side of 41St Street is not required. Based on road geometry, the developer has agreed to construct the "opposing" eastbound left turn lane as a public benefit. 64 All conditions recommended by staff have been accepted by the applicant. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant approval of the PD rezoning request and the conceptual PD plan for Harbor Bluffs PD, with the following conditions: 1. Prior to issuance of a land development permit for Phase 1, the applicant shall obtain Public Works approval of the final design of the 1 lffi Drive improvements including all applicable turn lanes, external sidewalks, and offsite drainage improvements. 2. Prior to issuance of a land development permit for any respective phase, the applicant shall: a. Obtain Planning staff approval of the final landscape plan for the respective phase. b. Obtain Planning staff approval of the final streetlighting plan for the respective phase. C. Obtain Environmental Planning staff approval of the final tree protection and mitigation plan for the respective phase. Prior to issuance of a certificate of completion for Phase 1, the applicant shall construct all 11' Drive improvements as outlined in the approved Developer's Agreement and associated land development permit. 4. Prior to issuance of a certificate of completion for any project phase, the applicant shall construct required improvements such as sidewalks and buffers that are tied to that specific phase, or otherwise guarantee completion of the improvements as provided for in the LDRs. Prior to or via the final plat for Phase 1, the applicant shall dedicate the required right-of- way for 17th Avenue and 39' Street without compensation, as shown on the conceptual PD plan. 6. The Harbor Bluffs PD project site shall revert to its original MED, Medical zoning designation if project construction has not commenced within 10 years of the date of the PD rezoning and conceptual PD plan approval. ATTACHMENTS: 1. Location Map 2. Aerial 3. Excerpt from Draft November 12, 2020 PZC Minutes 4. PD Rezoning Ordinance 5. Conceptual PD Plan 6. Alternate Conceptual PD Plan — Single Family and Villas 7. Conceptual Landscape Plan 65 'o REGENCY C� 0 aP $ AA A A a 2 OSP � 10INOWNVO �d 10 H10L �O v� o g ,r S s A $ � N S 0 g of 0 0 o_.............._.._..................................._....._.._.._.._.... 80 �tr� c� I Q 1C H1Z l X000 �A �W bS-HI93 COOa 0 00 0 0 DS A n 5 H1.9 4 M� W 0 C a 0 o o � o $ o0 o � c o 00 o � g o A *64 s gVHl91— J � o }Q i� Ill � / iQ`�� . � 1�^ ' .�.n'� ` '•�rOd 6.sti. y `Q�§`f ,-t � •� � — - — _- --- _ � -- " �_-- fir" m "Ji rT l I ' Wr 9r Mull T i.. I t Il I1 1/ I, rII �I Lt� Jr`ia -4i Lu Z— of r. r', ' f e f [�4,r..�; ji11 �s+✓yi/` j w as CL W • �', -Irl > R,` ` I I' °o W �� s�4 - I ► r `_ w C� CL J 'o Q.01 ° m I • ! c _ + ( s ,/►--.tib" { (' ��I r Ic �• �� a l i P G� I �' F�es�' Ic .�rrl�- F I I rI� w. II fv- _SII i I W'LLi L�--•J ' '' '�•• �' , rte; ����-1 ,',� , , �-1 r � � y--� I � �.�. l� • � rte. � I �' •(4 J �j Fr• 4, ,R:. '� � .. � "'iii"' �wiri�� '` i li•'"1"�' 1 til . IL- 1 _ I ___ ��� rj• it _ U.B. HCHWAY !1 - �' `'t �.. ;=^ l sir `� N.Ii;� �;�I,��_�-y_��..� ,. ' • �` ,.'� j � rqk of! � Public Hearings Vice Chairperson Dr. Jonathan Day read the following into the record: A. Harbor Bluffs PD: The Virginia W. Russell Family Limited Partnership and Segment Markets 85, Inc.'s Request to Rezone Approximately 78.29 Acres from MED, Medical to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project to be known as Harbor Bluffs PD [PD -20-09-02 / 99040218-87279] [Public Hearing/Quasi-Judicial] The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. I Vice Chairperson Dr. Jonathan Day asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication. Mr. Ryan 7SN.eePey,viewed information regardi rth oposed site and gave a PowerP ti n, p' o=ns re o it the oard of County Commissioners to t t r ommend that the BCC approve t e PD rezo ing n conce #gat p n for rbour Bluffs with conditions listed Staffs r p rt. I Ms. Mitchell questioned Staff about the reason that thesingle-family and duplex units not being an allowable use within the MED zoning. Mr. Sweeney stated that through the use table in the MED district there are allowable uses, specifically multi -family that is allowed through the administrative permit approval process that was approved in 2019. Mr. Polackwich questioned if this property owner has the right to develop the 624 multi -family units. Mr. Sweeney clarified that they have the entitlements to build. The owner received administrative permit use in the MED zoning district and they received conceptual site plan approval. They will have to come back for final site plan approval with a more detailed drawing. Mr. Polackwich questioned Staff about planned development rezoning. He stated that it seems like the residential rezonings for developments that the commission was approving have become planned development, and suddenly development was allowed under planned development that hadn't previously been allowed under the existing zoning process for that piece of land. Mr. Sweeney 68 agreed. that the commission has reviewed more planned developments, but out; of those only a quarter have been PD rezonings and many of them are making a slight changes to their site plans, not rezoning the entire projects. Mr. Sweeney clarified that PD rezonings are controlled through a set plan. Mr. Landers stated that there is a quid pro quo relationship with builders and the county and reiterated the improvement of 11 th Drive, additional turn lane and stormwater. Mr. Sweeney stated that we couldn't require those things be done iin the traditional development process. Mr. Polackwich questioned the meaning of the dotted line on the plans on the south end of 11th Drive joining 12th Court. He stated that it seems as if he traffic from this empties on to 37th Street. Mr. Polackwich voiced his concern about the traffic circulation that would need to be addressed in the future. Mr. Sweeney clarified that it is a conceptual plan and the County is working on plans to continue 11th Drive down to 371h Street and form a "T" intersection that would be signalized. Mr. Polackwich added to that comment by suggesting a le rn lane. Mr. Matson responded statin(1-44�hat--t a will probably be less tly i t expected, and ultimately it will signali o h IIIc -res s . Mr. Pola k ich state con rns abo-t p opos d 'Pte numbers, that they seem a treme. r S eney6 ed t t the er of and are on 'a smaller scale. ; r.rTd�ques roved th o th oad vement as to whether there was a deadline, or if it will bed a in phases prior to CO (Certificate of Occupancy) of neighborhood. Mr. Sweeney stated that the timeline is laid out in the Developer's Agreement, but reiterated that it would be need to be completed during the first phase of development which would be the south-eastern phase of the overall project. Mr. Sweeney informed Mr. Landers that the County has the option to proceed on their own accord to build 11 th Drive if the project doesn't move forward. Mr. Sweeney clarified that the project is not affordable housing in that there needs to be a criteria met, this project is classified ad affordable workforce housing for hospital workers and fringe industries ofthe like. Ms. Barrenborg asked if the housing would be limited to one market. Mr. Sweeny stated that it would not be. Steve Moler, of Masteller & Moler, Inc., Representative of the Applicant stated that they have been working on 11 th Drive for a very long time because it was something the County wanted, it wasn't on the original plans on the original 69 approval. They are hopeful that the north side and south side will be approved in succession so that they can begin working to complete first phase simultaneously. Dr. Johnathan Day opened the floor for public comment Mr. Tom Sullivan of 4187 W. 16th Square, Vero Beach, FL 32967, asked Mr. Sweeney to pull up his presentation and asked why the land wasn't being used for the zoned purposes. Mr. Sullivan voiced his concerns with regards to 37th Street and the segment of 41St Street and questioned what plans the County had to address this issue. He questioned if the road on 41St Street between Indian River Drive and US -1 could be expanded at this time. Mr. William DeBraal responded stating that if the traffic studies warranted it, then yes there is a possibility for an expansion of the. roads, but not at this time. Mr. Robert Luperi of 1311 Lilly's Cay Circle, Vero Beach, FL 32967, voiced his concern over the traffic delays, accidents, and safety of the driveways connecting the development and Lilly's Cay. Mr. Luperi state that Staff needs to rethink the deve opmerrt-pla , of a single lane road. Mr. L er q stioned the price point of the ho s statin t at 00,0 Ota i ome and this development coul possiblylb Jng�dv,d�pv,,er-�,$ proptjvail Z4 Qt: hi taxes increase. Ms. Carolkil Jordan 143- W. 16'� Square; Vero Beac , FL 32967, voiced her concerns a o is - 41St S^,1treet. �re-r�ef "jed arti I� at was written in the TC Palm on October 20, 2020 by Janet Bagley about the 24 acres that the City of Vero Beach annexed to be able to put in 200 units that are at 41 st Street and Indian River Blvd. The traffic study performed discussed in that report stated that for 200 units the vehicle trips per day would increase by 1,028. That project is currently being approved to be built. Ms. Jordan listed other developments that are "in the process of being built that will add hundreds of vehicle trips per day. Ms. Jordan asked the Commission to reconsider not just relying on 11 th Drive to be the ingress and egress from the complex to dump out on 41St Street. Mr. Robert Kanner of 4120 E. 16th Square, Vero Beach, FL 32967, voiced his concern of the lack of lighting on 41 st Street and asked if there were any plans to add lighting to the street. Mr. Sweeney responded that there are pans to add light internally to the project, but not on 41St Street. Mr. Kanner reminded the Commission of a railroad crossing on US -1 and how that will affect traffic. Mr. Rick VanLith of Cleveland Clinic Indian River, asked about the internal road 12th court coming off of 37th street in the interim solution. Mr. Sweeney 70 confirmed that. Mr. VanLith asked if the road will be made permanent. Mr. Sweeney stated that the Developer's Agreement allowed for an interim road, but stated that it would be a paved roadway improvement and will probably be built as a private roadway, not necessarily a public road and only in the, interim, until the completion of 11th Drive. Mr. VanLith also questioned if there was to be a separate development plan for the reconstruction of McCrystal road on the hospital campus that is in disrepair, or if it is lumped in with the current Developer's Agreement or Aviation Blvd extension. Mr. DeBraal stated that the proposed Aviation Blvd extension will tie into the improvements as this is concerned. Not only will the people in the development be able to go north to 41 st Street, but they will be able to go south to 37"' Street, continue on to Aviation Blvd, and have many different outlets. Mr. Sweeney clarified that the reconstruction would be addressed by Public Works and not need to be approved by the PZC. .Mr. Leonard Nole of 4127 W. 16th Square, Vero Beach, FL 32967, voiced his concern about traffic and asked if there was a traffic count done for 41 st Street in either direction. Mr. Knoll mentioned the new developments being built and how dangerous it will Ie -with h overflow of traffic. He que ti nid i it was out of the ordinary for a 6 4 --unit dev o m o b ilt4 r -t e �u r. weeney stated that the sizes vary. Mr. De r al s- e truf Gra ar o r h s 1500 units, and Waterway Village has abou 100 nd they - a iou com a cial projects that have a large nu i ers of u it . M . �Nole en ask d if t e ar c ming out onto. a road like 41St St� .Mr. Tom Sullivan rebuffed Mr. DeBraal's response and asked him to describe Waterway Village's exit roads. Mr. Luperi rebuffed Mr. DeBraal's response as well stating that his response was incorrect and Waterway Village doesn't have 1500 units, and the roads are two -lanes with multiple exits. Dr. Johnathan Day closed the floor for public comment Mr. Daniel Sorrow, of Pulte Development (Representing Waterway Village), stated that he has entitlements for 1590 units. This project is similar to the build structure of Waterway Village and allows the builder to give back to the community, by improving roadways, increased buffer, landscaping, additional open space, amenities and things that will draw people to Indian River County. He stated that Harbour Bluffs has entitlements on it today for 624 units at a density of 8 units per acre. If the project moves forward the 42 -acre parcel will consist of single-family 71 homes and bring the density down to 4.1 units per acre resulting in less trips a{nd cars on the road. The workforce housing will be open to doctors, nurses and other medical staff that will provide home prices that are consistent with those positions creating a mix. ON MOTION BY Ms. Beth Mitchell, SECONDED BY Mr. Harry Howie, the members voted (6-0) to recommend that the BCC approve the PD rezoning and conceptual PD plan for Harbour Bluffs with conditions listed in Staff's report. The motion passes unanimously. 72 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM MED, MEDICAL, TO PD, PLANNED DEVELOPMENT, FOR APPROXIMATELY 78.29 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF 41sT STREET, WEST OF INDIAN RIVER BOULEVARD, AND EAST OF US HIGHWAY 1 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 i 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 1 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 properties situated in Indian River County, Florida, to -wit: LEGAL DESCRIPTIONS: PARCEL 1: A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH 991.7 FEET SOUTH OF THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUNNING SOUTH 660 FEET; THENCE EAST 330 FEET; THENCE NORTH 660 FEET; THENCE WEST 330 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPTING THE SOUTH 150.88 FEET THEREOF. ALL LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 168,009.57 SQUARE FEET OR 3.8570 ACRES, MORE OR LESS. PARCEL 2: A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHEAST ONE QUARTER OF SAID SECTION 26; THENCE SOUTH 00008'35" WEST ALONG THE EAST LINE OF SAID SECTION 26 A DISTANCE OF 50.00 FEET TO AN 73 Attachment 4 INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF 41ST STREET; THENCE NORTH 89050'06" WEST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF l ITH DRIVE AS DESCRIBED IN OFFICIAL RECORD BOOK 3256, PAGE 1825 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREON DESCRIBED PARCEL; THENCE SOUTH 00°08'35" WEST ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 1,037.73 FEET; THENCE NORTH 89°49'05" WEST, A DISTANCE OF 578.72 FEET; THENCE SOUTH 00010'55" WEST, A DISTANCE OF 413.05 FEET TO AN INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1732, PAGE 2041 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89049'05" WEST ALONG SAID SOUTH LINE AND EASTERLY EXTENSION THEREOF A DISTANCE OF 381.55 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1732, PAGE 2041; THENCE NORTH 00°01'41 " WEST ALONG SAID EAST LINE A DISTANCE OF 509.12 FEET TO THE NORTH LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1732, PAGE 2041; THENCE NORTH 89049'05" WEST ALONG SAID NORTH LINE A DISTANCE OF 330.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1131, PAGE 1792 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00001'41" EAST ALONG SAID EAST LINE AND THE SOUTHERLY EXTENSION THEREOF, A DISTANCE OF 509.12 FEET TO AN INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF 39TH STREET; THENCE SOUTH 89°3'01" WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 330.60 FEET; THENCE NORTH 00°03'37" WEST A DISTANCE OF 674.05 FEET; THENCE NORTH 89053'15" EAST A DISTANCE OF 330.97 FEET TO A POINT INTERSECTING WITH THE EAST LINE OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 1131, PAGE 1792 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00001'41 " WEST, ALONG SAID EAST LINE A DISTANCE OF 622.27 FEET INTERSECTING WITH THE SAID SOUTH RIGHT OF WAY OF 41ST STREET; THENCE SOUTH 89049'05" EAST ALONG SAID SOUTH RIGHT OF WAY A DISTANCE OF 1294.88 FEET TO THE POINT OF BEGINNING. CONTAINING 1,691,013.85 SQUARE FEET OR 38.82 ACRES, MORE OR LESS. PARCEL 3: A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE SOUTH 89°42'25" WEST ALONG THE SOUTH LINE OF THE NORTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE WEST RIGHT OF 74 Attachment 4 WAY LINE OF 11TH DRIVE AS DESCRIBED IN OFFICIAL RECORD BOOK 3256, PAGE 1825 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREON DESCRIBED PARCEL; THENCE SOUTH 00008'35" WEST AND PARALLEL WITH THE EAST LINE OF THE SAID SOUTHEAST ONE QUARTER OF SECTION 26 A DISTANCE OF 618.42 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH 715.00 FEET OF THE SAID SOUTHEAST ONE QUARTER OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE SOUTH 89°56'05" WEST ALONG THE SAID NORTH LINE OF THE SOUTH 715.00 FEET A DISTANCE 1289.19 FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF 17TH AVENUE AS SHOWN ON THE PLAT OF W.E. GEOFFREYS SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PLAT NOW LYING IN INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00°01'41" WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 306.17 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORD BOOK 1107, PAGE 1511 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89049'05" EAST ALONG SAID SOUTH LINE A DISTANCE OF 330.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORD BOOK 1107, PAGE 1511; THENCE NORTH 00°01'41" WEST ALONG SAID EAST LINE AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 150.88 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1732, PAGE 2041 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89049'05" EAST ALONG THE EASTERLY EXTENSION OF SAID SOUTH LINE 381.55 FEET; THENCE NORTH 00010'55" EAST A DISTANCE OF 413.05 FEET; THENCE SOUTH 89049'05" EAST A DISTANCE OF 578.72 FEET TO AN INTERSECTION WITH THE SAID WEST RIGHT OF WAY OF 11TH DRIVE; SOUTH 00°08'35" WEST, ALONG SAID WEST RIGHT OF WAY, A DISTANCE OF 246.11 FEET TO THE POINT OF BEGINNING. CONTAINING 775,253.85 SQUARE FEET OR 17.79 ACRES MORE OR LESS. PAPCPT, A- A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 25; THENCE NORTH 89058'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST ONE: QUARTER OF THE SOUTHWEST ONE QUARTER A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE HEREON DESCRIBED PARCEL; THENCE CONTINUE NORTH 89058'30" EAST ALONG THE SAID NORTH LINE A DISTANCE OF 1292.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE SAID 75 Attachment 4 SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE SOUTH 00°03'34" WEST ALONG SAID EAST LINE A DISTANCE OF 613.91 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH 715.00 FEET OF THE SAID SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE SOUTH 89°46'29" WEST ALONG THE SAID NORTH LINE OF THE SOUTH 715.00 FEET A DISTANCE 1292.92 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 11 TH DRIVE AS RECORDED IN OFFICIAL RECORD BOOK 3256, PAGE 1825 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00°08'35" EAST ALONG SAID EAST RIGHT OF WAY, A DISTANCE OF 618.35 FEET TO THE POINT OF BEGINNING. CONTAINING 796,373.64 SQUARE FEET OR 18.28 ACRES MORE OR LESS is changed from MED, Medical, to PD, Planned Development, with the general project layout as depicted in the attached conceptual PD plan (Exhibit A) and alternate option (Exhibit B). If no project construction has commenced within 10 years from the approval date of this ordinance, then the PD, Planned Development zoning designation of the entire site shall terminate, and the zoning of the property shall revert to MED, Medical. 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 was advertised in the Indian River Press Journal on the 22°a day ofNovember, 2020, for a public hearing to be held on the 8th day of December, 2020, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY mm Joseph E. Flescher, Chairman 76 Attachment 4 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: i APPROVED AS TO FORM AND LEGAL SUFFICIENCY I { i Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Director i i 77 Attachment 4 Es MORE i"M I� I IIS I I I 1 I II I I I I I iF i II II I �1 1 ''11111 �1�1 R n v NO 3i IMaHLTT T- T�-T- -- --- -J - �- --- ----� z El , -=s-� P�-JF �-----� �------1 F�1 I I I 1 III I I I I I � 1 1 i I I I 1, I 1 I I I i I I I 1 _III I I I 1 � I I III " J a III I � N II Ili Q n l II Lu p I 11 1 I , IL v +1 ,, Z I�I'i U I I II I I i 1 1 1 , I 1 i I IIII II I 1 , I I I I IN I IIIA T1 f II 1 I I I I I I it i I I N: i I I i' II I lit L- I - __ 'I r�- 7li. -II II I, li it liil�liili l i l ll 1 1 1 IIII IIII I 11 III I ill iAt lI I ��I ' I I�I IIII II II IIII LL�IIII� I 1,1 II 11 II I I II 11 I I I I 1 1 I I I I1 Ilil IIII III I I I T �1I��IIIf1, II IIT II� II 1 1 U.S. HCHWAY 01 1;_----- -- - - .J d s i 9,o t 9 ep!aol3 'HOV39 02l3A s SVV�78 YOSdYdH l d 31717d y� P F UZ oos bT 3A/aa H.c i I �t63R�Q .±e t ii --------------- u a lu a - z � 7 a a z � W� z `Ja W a i I azAn co to oa F O -- _ .J z W cc 3ARlO4Nl - — --- -- Z ` Iv. o o • j a° m IIl'II i•' 'T'1=tJoia' i 'B i a III •II =T oi-ie •i• �.�K�°•es tl I� W i Illtll I• es ! - � I o� I _i I j III�I � • • • '� e • e. - I of -- - ---`----- a 0 o III II I o : I I � em8e,. -- _!-• :_i. J. � W I I I I f I °�� o i i •• - —ZQ ••• d lu j I I ,gyp I — — —\ 11� r ��• £ I � I� r o o-+.•-o-o�• oo�r•- a"�o a elm \� o' i J S« III �I I! l • • • i s"e me • I I W t!* • m • o •\, t-- I F II I • se r••s• j m o 6 � � � q � III I ° <m1 .. -� • I • o d a ? I >� III i i � •Lt-LJ_1_L_iJ• mo I �• � � F o$, � �-! +�� • i I71d II � •i i _II!�I �II II II j I � a �_LJ_J � L_1• m I II I .—a—_I � II —. � _ t2 _Q 12/08/2020 Harbor Bluffs Planned Development PD Rezoning and Conceptual PD Plan Board of County Commissioners December 8, 2020 Planned Development (PD) Rezoning Process PD Rezoning & Conceptual PD Plan PZC Recommendation l BCC Approval Preliminary PD Plan/Plat PZC Approval •Land Development Permit (LDP) or Waiver reviewed and approved by staff •Final PD Plan/Plat is approved by BCC z 10.A.1. 12/08/2020 1 O.A.1. Location Map r���-1�Rh78 - jI, J . RM -66 a'I ..�l�L.l1� �tls,3u(gGurGTA xJ1—>;-•! ��-.` errroaaxu 41 Street rnr�o:<x MED NIED q so Subject Site MED AILED MED sxeraa�.,e BN` MED TI MED MED —I p>.. MED sw.:xezaav: — _b Aerial 1.LAC - - 41° Street `... .�va.i.-a • 4 -:� £ " T t� LIT �. �`.• y !�• �� –� I 7 'amu. .+� ti }'� � � sem+ +tt� i. I; dr. .i�•� � �.r. • :.� J ` i � „• � ';a Y -'�� � III � ` © �•+I �`' \'�l ` � r t � ' � ��+'�{'-` =r£� � Gu� i sem- •�, � �� fps c �w� i xPl @ attracr3,., i4 52-2 12/08/2020 10.A.1. Proposed Development Summary • Previously approved in March 2019 as an administrative permit use and conceptual site plan approval for 624 multi -family units • 80.50 acres (before ROW dedication) • 624 total multi -family units (maximum) • Optional alternate for single-family and duplex (villas) units • 4 separate phases or PODs • Includes provision for north/south County road "11th Drive" 5 Conceptual PD Plan - F { v r- _ --- - - IT- E DIJI Hj j 3j - v-- ----`-- - - --------------- F ``$ ' k Y --��� _- _ -__T __ -.__ .___ '____. ... _ _ _'-_ it ., 3 12/08/2020 10.A.1. Alternate Conceptual PD Plan _ ---- - ------- ------ T-1-1-11 _r ;rPR 1 �r 14� I i�i_t'7 E is F,77p, -------------- -- X� r� i / l --- j SIMUE fAW& VIVA isFir3r — 1 ' j ~ I CONCEPI'PlmNiL. # Ii_ # _ conn 7 PD Waivers Derelo ment Pdrdmeterit\'aiwr mus I Pro -sed PD DisMft SWe1e-Fatnlle Dupla A9immum Lot Size 7 000 SF 3.200 SF 4.420 SF Mini—Lot Width 70' 40' 33' Princip.1Sm"n—Soumck Froaf 25' 20' 20' Front Cama 25' 10'15'• 10'10 gide 10' $' 5'10' Re. 23' ArrOsson Smtcmro Setback Front1 25- 1 20 20. Froaf Coma) 25' 10'15'0 10'i5" MV, 1 10' 13' 3 Rear 25' 1 3'10'•, 3'/0••0 Covered P—hes and Parioz (op. mr or sernen0d Front 20' Front Comet ?5' 10`13 10`15'• Side Rear 23` 3'10'•0 370•" Poats Mme, Front 1 25' 20' 20' Fmnt Coma) 25' -107$'• 10'5'• Side Rrar 10'1 3 3 Z%ncasvrrdPrtrtos Derk rtndPooi Derk From 2i' 20' '0' Fmnt Coma 25' 1 10'15" Side i10 3 3' Rcar 10' 3'10-•> 3'10'01 Maximum..dia C.—e p, Lot 304: N% 32% aliaimum Safe Sviinimum S ace 0-11Pro eci 30%% A2% 42% 11 dotes: inta111Y 0}%a Spafe bdit that IS d mtnitaam OSS' Wlde, thei'rnnl COmasabafkLan IK 3fdbuiitag a0 l'W teduced 10 $'- '* The 0' rear setback only applies to rear ymds that are abutting a stor Iff tract. 12/08/2020 10.A.1. Conceptual Stormwater Plan = Conceptual (' 1� 1 's ■ Eastbound and westbound left turn lanes == - New l Ich Drive and 41st Street • ��4z' Stormwater pond - - — on 415 Street ' intersection Northbound left and right turn lanes �__ --'� - = - - ---_ - I{ 1 1 1 t 911 Y, • ! 1(` {• ! _ 'HIT I (west side of l Im Drive) : __ ew road it -- \I,_ O 1 Traffic Circulation Plan ■ Eastbound and westbound left turn lanes == - New l Ich Drive and 41st Street on 415 Street ' intersection Northbound left and right turn lanes ■ Northern driveway connection 1 ;�t �, ■ NCounty 1 i'h Drive I (west side of l Im Drive) : __ ew road it -- \I,_ O 1 ■ Southern driveway connections ; (�'`� J ! 1 1 (both sides of l I Drive) ■ Northbound and southbound -- �! � left turn lanes I 11� jjjjj ------ -- ------------------ - 10 Conceptual Landscape Plan Local road buffer ,ma— _ tf9 25' Type "B" buffer Local road buffer 25' Type "B" buffer 12/08/2020 10.A.1. Dedications, Improvements, & Conditions • ROW dedication for 11th Drive • 11 th Drive improvements • 11th Drive sidewalks • ROW dedication for 17th Avenue and 39th Street • 17th Avenue and 39th Street sidewalks • Internal sidewalks/pedestrian system • Streetlighting • Green space/recreation area(s) • 10 -year zoning reverter nfl 12 � 2 - 6 12/08/2020 10.A.1. Public Benefits Over & Above Conventional Development Plan • 11th Drive ROW Dedication • 11th Drive Improvements • Drainage for 11 th Drive Improvements • Eastbound left turn lane on 41St Street Staff Recommendation That the BCC approve the PD rezoning and conceptual PD plan for Harbor Bluffs PD with conditions listed in staff's report: • ROW for 11th Drive, 17th Avenue, and 39th Street • 11th Drive improvements including sidewalks, turn lanes, and drainage • Final landscape, streetlighting, and tree protection/mitigation plans • 10 -year zoning reverter 13 14 )2 - 7 Roadway Grid Design MjjU; .FrQTC , i 12/08/2020 1 O.A.1. 52--8 5- E .� i� s F", 3a: tai PARTOFSFiEUS:AT{JUAY,NETWORK; Intlian'Rrver:PressJoiirriaC= 1'801 U S °1 Vero :Beach FL32960, AFPIDAVITbOF.PUBLICATION. INDIAN`RIVER C:OUNTYPLA'NNING`; 1.801 27TH $i'' VERO BEACH.TL 32960: ATTN KATHY CHAREST ........................ .., penod of one; year next preceding the fi�sf . _.: publication of the attached coPy;of advertisement and;affian[furthec says:that she,;has.neither paid or; promised:apyz ;person i,: firm or corporation zany' J.k.ouht rebate commission,. or refund for the;; TPU of securing Klhisadvertisement #ori ,:Publication m the said newspaper The_,Indian River! Pbe ress: Journal: ihas en ;entered as Penodicaf ._.... _..._ .._ _ _ e;' _._._.. _.._._.__._I Mailer :at.the Post Offices_.m Vero Beach Iridian;; River .county Flonda;;and has een..for a period: on one year next preceding: the first pubhca'►ion of fhe attached_copy ofadvertisement .......................................... 1:1122/2020; e 10A 24 b(2,f . . . . ....... - 471� ...... .......... w RXGA WIN) ------------- f7is WIN n-�,"- mmuo . ....... ..... ...... Mr M -T.0; 7-T fWt . .... . ....... .... . . .... . .......... ..... ii Timestamp City 11 /18/2020 7:23.30 (CST) Vero' Beach: Final Pub Date.. State" 1:122/2020,::0. 00 00 (CST)' FL Ad Number MIR G de 'GCI 0536255i 32960: .:Publication Your: Name: Indian River Press Journal Alex. Helmbrecht Market Email Address Treasure Coast ahelmbrech@gannett coin Delivery Method Both Number of Affidavits'Neede. 1 Customer Email kcharest@ircgov.com Customer. Name Indian River County Planning°; Customer Phone Number`' (172)1:22671254 Customer Address: - kch a rest@ i rcgov. cora: Account Number (If Known); 463755:: :Name, Kathy CharesE Street', 180.127 Th Street Randi Wardlow From: Terri Collins-Lister Sent: Monday, December 7, 2020 1:31 PM To: Randi Wardlow Subject: FW: [External] Harbor Bluffs - 624 Multi-family Project on 41st Street - IMPORTANT From: Ryan Sweeney <rsweeney@ircgov.com> Sent: Monday, December 7, 2020 1:13 PM To: Terri Collins-Lister <tlister@clerk.indian-river.org> Cc: Phil Matson <pmatson@ircgov.com>; Dylan Reingold <dreingold@ircgov.com> Subject: FW: [External] Harbor Bluffs - 624 Multi-family Project on 41st Street IMPORTANT Terri, Please also "log" the below-referenced e-mail as it was sent to all of the County Commissioners. Thanks, Ryan From: Daniel Levin [mailto:danlevin49@gmail.com] Sent: Friday, December 04, 2020 7:29 PM To: Ryan Sweeney <rsweenev@ircgov.com> Cc: Keith schlosser <keith schlosser2002@yahoo.com>; Andy Spalding <a.spalding@att.net>; Ruth Lentini <ruthlentini@gmail.com>; Philip Lepage <pilepage@hotmail.com>; bemdin@icloud.com; Karen Bolle Wyderski <karenlbw6l@gmail.com>; Laura Moss <laura@mosslm.com>; Maureen Schlosser <maureen schlosser2006@yahoo.com>; Joseph E. Flescher <iflescher@ircgov.com>; Laura Moss <Imoss@ircgov.com>; Susan Adams <sadams@ircgov.com>; Joe Earman <iearman@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; keith@ledcapstone.com; marv.f.driscoll@gmail.com Subject: Re: Harbor Bluffs - 624 Multi-family Project on 41st Street IMPORTANT CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Dear Mr. Sweeney, Thank you for sending this afternoon the documents related to the Harbor Bluff approval hearing scheduled for Tuesday morning, December 8th. I was unable to locate these documents online. Perhaps my education (B.A. and M.B.A.) and experience (30 years in real estate development) were not sufficient to allow. me to navigate your department's website to find these documents. Or perhaps the general intent is to make such documents difficult to find. Since September 2019, we have been property owners directly across the street from this proposed development, yet this is the first communication we have received from Indian River County about any development proposed on any of the land directly across the street. Accordingly, I can only assume that Indian River County policies are designed to force residents to attend official meetings or visit the County offices on a regular basis if they wish to be informed of any proposed development that might directly affect them. 1 All of which sends a clear message. The County intends to make it difficult for residents to have any meaningful input into land use decisions. Given this obvious disdain for citizen participation, I will be brief. I am astounded at the cavalier approach to the major change in the land use designation represented by this proposed development. In the County's General Plan, medical related uses were designated for the undeveloped portions of the large tract of land bounded by Indian River Boulevard to the east, U.S. Highway 1 to the west, 37th Street to the south and 41st Street to the north. Given the location of the regional hospital on 37th Street, this designation makes a lot of sense and was obviously intended to meet local needs over a long period of time, certainly several decades, and perhaps longer. Accordingly, one would expect significant reasons to be presented to justify changing the land use designation to residential for what appears to be the largest single parcel within this tract of land. Yet no such significant reasons are referenced in your staff report. Rather, it is stated that recent medical related uses have occurred on the south side of 37th Street, and that this land has remained undeveloped. This represents nothing more than market forces at work. It is obvious that vacant land closer to the hospital will be developed before this land. This was known and obvious when the General Plan was adopted. As more people move to the area, and as the population continues to age, it is equally obvious that the need for medical related uses will not diminish with the passage of time, but will increase. It is not just that no significant reasons have been presented for this zoning change, it is that. no reasons whatsoever have been presented. Only the land owner will benefit from this rezoning. One does not have to be a real estate expert to realize that land in this area zoned for housing will sell faster, and for a higher price, than land zoned for anything else. Absent this rezoning, the Virginia W. Russell Family Limited Partnership and Segment Markets 85, Inc. would have to wait for the free market to function as intended. Eventually, their land would be sold for medical related uses, and they would receive less money. This is exactly how the free market is supposed to work. Instead, the landowner seeks government intervention in the form of a rezoning to give them an immediate financial windfall. My questions are simple. Why is the County complicit in this process? Why does the County propose a rezoning that will provide no benefit the County's residents, and most likely result in a future detriment? Why does the County seek to provide a significant financial benefit (most likely several million dollars) to a private land owner? While your staff report is virtually incomprehensible in places, it is clear in its intent to use a great deal of boilerplate and planning jargon to create the impression that this rezoning offers public benefits. Close examination, however, reveals no public benefits that are not standard requirements for any new development of any kind whatsoever. Having the developer contribute the land (at no cost) for a public right-of-way for any public streets is standard operating procedure. So, too, is requiring that the developer pay for sidewalks, street lighting, a storm drainage system and a landscaping buffer. Accordingly, all such infrastructure costs would be paid by the developer of medical related uses in the future and represent nothing more than standard benefits that result from standard requirements. The comment that the rezoning will provide housing for the nearby medical workers is laughable. One of the primary benefits of the area is the proximity of all levels of housing within a short drive of the hospital. This is not an urban area where local workers must commute for an hour or more to find suitable housing. In summary, this rezoning makes no sense whatsoever. It offers no benefitsto the local community. It contravenes the General Plan. It removes land for medical -related uses that will most assuredly be 2 62,,43- required in the future. It benefits only the land owner. In a big city with investigative reporters, this is the type of rezoning application that would trigger. a search for hidden pay-offs. Kind regards; Dan Levin On Fri, Dec 4, 2020 at 3:43 PM Ryan Sweeney <rsweeney@ rcog v.com> wrote: Mr. Levin, I apologize for the delayed response. Please see the attached December 8 2020 Board of Count �Y p Y Commissioners (BCC) agenda which includes a link to the staff report and additional informational attachments for the Harbor Bluffs PD project under item IO.A.1. 1 am also attaching the virtual viewing/participation instructions which is available via Zoom. Thanks, Ryan Sweeney, MSP Chief of Current Development Indian River County Community Development Department Planning Division 1801 27th Street Vero Beach, FL 32960-3365 Phone: 772-226-1239 Email: rsweeneykiregov.com ---------- From: - TFrom: Daniel Levin [mailto:danlevin49@gmail.com] Sent: Thursday, December 03, 2020 9:21 AM To: Keith Schlosser <keith schlosser2002@yahoo.com> .. Cc: Ryan Sweeney <rsweenev@ircgov.com>; Andy Spalding <a.spalding@att.net>; Ruth Lentini <ruthlentini@gmail.com>; Philip Lepage <pilepa9e@hotmail.com>; bemdin@icloud.com: Karen Bolle Wyderski. <karenlbw61@gmail.com>; Laura Moss <laura@mosslm.com>; Maureen Schlosser <maureen schlosser2006@yahoo.com>; Joseph E. Flescher <iflescher@ircgov.com>; Laura Moss <Imoss@ircgov.com>; Susan Adams <sadams@ircgov.com>; Joe Earman <iearman@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com> Subject: Re: Harbor Bluffs - 624 Multi -family Project on 41st Street - IMPORTANT 3 �2 -r� CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Keith wrote the following. My next concern is the size of the development. My guess is that it will be the largest planned community in Vero Beach, the County, and one of the largest in the state - this is not what I, or most Lily's Cay residents, planned for when we purchased our homes. Had I known this was in the works I wouldn't have bought and I strongly feel that the prices we paid did not reflect the impact of such a large project directly across the street. Also, there is yet another development going in on the corner of US I and 41st which will further add to the congestion and in my view negatively impact our quality of life. This does not begin to address what is planned for that land across the street. If you go to page 49 of the . document at this webpage (https://www.irccdd.com/CDR/CDR0720.pdf), you will see that in April of this year another proposal was submitted for development of more single family homes and duplexes on this land. This application is seeking a density of greater than 8 units/acre on some of the land. (The density of the current development is 7.75 units/acre.) I have learned all this in the past 12 hours, including the fact that the Indian River Community Development Department regularly publishes these documents describing developments in the county. This allows the County Commissioners to state that the county is fully transparent in all of their undertakings. Of course, you must travel to the county office building to review any of the specific documents that would address much, if not all, of what Keith (and the rest of us) would like to see. Perish the thought of the county actually providing user-friendly summaries with easily -accessible online documents: Then, the public, including adjacent home- owners and residents, might be able to actually understand what developments are planned. Shortly after I moved to Vero Beach in 2013, a local resident told me that development in this area was controlled by a group of "good old boys" who owned or controlled much of the land, and made certain that they and their friends received the favorable zoning laws and approvals. Having come from California where the laws require independent analysis of every significant development and thus prevent such an inbred system, I dismissed the comment as hyperbolic myth. Then, on my bike rides, I noticed areas far away from the downtown core that had been recently developed with paved public streets while other areas closer to the downtown core still had dirt roads. Now, I've seen what is occurring across the street, including the fact that none of us received notification of the recently -submitted plan for a development with a density of greater than 8/units per acre. That local resident's assessment now appears to have contained more than a little truth. My best guess is that the only way to curtail the density proposed is to hire an experienced land use lawyer capable of determining: (1): what rules might have been violated or short-circuited in the approval process; and/or (2) the extent to which the supporting documentation (traffic studies, compliance with the existing zoning and general plan, etc) may have been false, erroneous or incomplete. This will not be inexpensive. While I do not want to diminish the enthusiasm for appearing at the upcoming public hearing, I cannot see the County Commissioners reversing the decision-making process that started over three years ago. This would mean the county forgoing all the fees it will receive in the short run, and all the tax revenues it will receive in the long run. And, finally, there is no question that GHO Homes knew all of this when they were selling homes here. Any developer would be deemed grossly incompetent not to know what was being planned across the street, and GHO Homes is not grossly incompetent. No doubt this knowledge influenced their decision to include .duplexes in the development they are now undertaking on the other side of Casa Bella. Kind regards, Dan Levin On Thu, Dec. 3, 2020 at 8:11 AM Keith Schlosser <keith schlosser2002@yahoo.com> wrote: Mr. Sweeney & Commissioners, My name is Keith Schlosser and I live at 1480 Lily's Cay Circle in Vero Beach and I've come to learn of the proposed Harbor Bluffs Project and would like to express my concerns and ask some important questions. My wife and I are out of town assisting a family member recover from a surgery or we would attend the upcoming meeting. My hope is that my concerns will be considered even though we are unable to attend in person. My first concern is that there is limited information available for impacted citizens to review. We've not seen architectural / urban design renderings, we can't locate information on size, value, entry points, if the units are rentals or owned,... so we can't fully understand the potential impact to our quality of life, home value, safety,... - Can we get these details and have time to process the dat prior to decisions being made?l 5 Next, has their been an environmental / planning survey done that clearly outlines the impact to the area? My guess is that the county and town have either done or received a detailed impact assessment to include traffic impacts, drainage, and other impacts on the immediate area so I was hoping that could be sent to those listed. My next concern is the size of the development. My guess is that it will be the largest planned community in Vero Beach, the County, and one of the largest in the state - this is not what I, or most Lily's Cay residents, planned for when we purchased our'homes. Had I known this was in the works I wouldn't have bought and I strongly feel that the prices we paid did not reflect the impact of such a large project directly across the street. Also, there is yet another development going in on the corner of US 1 and 41 st which will further add to the congestion and in my view negatively impact our quality of life. Based on the little I know about this project I've concluded that this will be financially and personally devastating. I've been a resident of the county for years and feel that the value of our community lies in the thoughtfulness of our government planning efforts but as I write this I'm wondering if the needs of the current residents in the area are being overlooked? I'm sorry I can't attend in person but hope you will take this note into consideration as the county reviews the project and it's, almost guaranteed, negative impact on the current residents in the area. I'm all for progress and understand the need for development but this project seems excessive to say the least. Respectfully, Keith Schlosser 1480 LIly's Cay Circle Vero Beach, FL 32967 860-391-5595 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 10,A,(.1Wt31ZD Randi Wardlow From: Dylan Reingold <dreingold@ircgov.com> Sent: Thursday, December 3, 2020 10:10 AM To: CBCC-Mail Subject: FW: [External] Harbor Bluffs - 624 Multi -family Project on 41st Street - IMPORTANT Attachments: Harbor Bluffs.pdf Follow Up Flag: Follow up Flag Status: Flagged From: Dylan Reingold Sent: Thursday, December 03, 2020 10:03 AM To: 'Terri Collins-Lister'<tlister@clerk. indian-river.org> Cc: Phil Matson <pmatson@ircgov.com>; Ryan Sweeney <rsweeney@ircgov.com> Subject: FW: Harbor Bluffs - 624 Multi -family Project on 41st Street - IMPORTANT Terri, Good morning! The Board received this email concerning the December 8th public hearing agenda item 10.A.1. Please add this correspondence to the Clerk file for this matter. Thank you! Dylan From: Ryan Sweeney <rsweenev@ircgov.com> Sent: Thursday, December 03, 2020 9:01 AM To: Phil Matson <pmatson@ircgov.com> Cc: Dylan Reingold <dreingold@ircgov.com> Subject: FW: Harbor Bluffs - 624 Multi -family Project on 41st Street - IMPORTANT FYI From: Keith Schlosser [mailto:keith schlosser2002@vahoo.com] Sent: Thursday, December 03, 2020 8:11 AM To: Ryan Sweeney <rsweenev@ircgov.com>; Andy Spalding <a.spalding@att.net>; Dan Levin <danlevin49@gmail.com>; Ruth Lentini <ruthlentini@gmail.com>; Philip Lepage <pilepage@hotmail.com>; bemdin@icloud.com; Karen Bolle Wyderski <I<arenlbw6l@gmail.com>; Laura Moss <laura@mosslm.com>; Maureen Schlosser <maureen schlosser2006@yahoo.com>; Joseph E. Flescher <iflescher@ircgov.com>; Laura Moss <Imoss@ircgov.com>; Susan Adams <sadams@ircgov.com>; Joe Earman <learman@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com> Subject: Harbor Bluffs - 624 Multi -family Project on 41st Street - IMPORTANT CAUTION This message is from�an external source Please use caution wlien-op, ngyattachments or clicking nks�s F , Mr. Sweeney & Commissioners, f)2 �� My name is Keith Schlosser and I live at 1480 Lily's Cay Circle in Vero Beach and I've come to learn of the proposed Harbor Bluffs Project and would like to express my concerns and ask some important questions. My wife and I are out of town assisting a family member recover from a surgery or we would attend the upcoming meeting. My hope is that my concerns will be considered even though we are unable to attend in person. My first concern is that there is limited information available for impacted citizens to review. We've not seen architectural / urban design renderings, we can't locate information on size, value, entry points, if the units are rentals or owned,... so we can't fully understand the potential impact to our quality of life, home value, safety,... - Can we get these details and have time to process the dat prior to decisions being made?l Next, has their been an environmental / planning survey done that clearly outlines the impact to the area? My guess is that the county and town have either done or received a detailed impact assessment to include traffic impacts, drainage, and other impacts on the immediate area so I was hoping that could be sent to those listed. My next concern is the size of the development. My guess is that it will be the largest planned community in Vero Beach, the County, and one of the largest in the state - this is not what I, or most Lily's Cay residents, planned for when we purchased our homes. Had I known this was iii the works I wouldn't have bought and I strongly feel that the prices we paid did not reflect the impact of such a large project directly across the street. Also, there is yet another development going in on the corner of US 1 and 41 st which will further add to the congestion and in my view negatively impact our quality of life. Based on the little I know about this project I've concluded that this will be financially and personally devastating. I've been a resident of the county for years and feel that the value of our community lies in the thoughtfulness of our government planning efforts but as I write this I'm wondering if the needs of the current residents in the area are being overlooked? I'm sorry I can't attend in person but hope you will take this note into consideration as the county reviews the project and it's, almost guaranteed, negative impact on the current residents in the area. I'm all for progress and understand the need for development but this project seems excessive to say the least. Respectfully, Keith Schlosser 1480 LIly's Cay Circle Vero Beach, FL 32967 860-391-5595 --Warning-- This email. was sent to you b son-.icone outside of the Clerk's Cuff ice. Bexvare that any link or attacbment that you open 3 -nay cause harm to th.e orgy nization. and should. be. -,,vith extreme caution. --Warning-- November 23, 2020 )0.6.1. We(725:9 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 180127th Std, Vero Beach FL 32960 772-226.1237 / 772-478-I806 fax www.ircgov.com RE: Harbor Bluffs PD [PD -20-09-02 / 99040218-87279] — . --Dear Property Ownec, _ _ This is a notice to inform you, as an adjacent property owner that the Virginia W. Russell Family Limited Partnership and Segment Markets 85, Inc. have been granted a public hearing at which the Board of County Commissioners will consider granting conceptual Planned Development (PD) plan approval and rezoning approximately 78.29 acres from MED, Medical to PD, Planted Development. The projax proposes a maximum of 624 multi -family units, with an option for single-family and duplex (villas) units. The project site is located on the south side of 41' Street, between US Highway 1 and Indian River .Boulevard (sot 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, in the County Commission Chambers of the County Administration Building, located at 180127` Street, Vero Beach, Florida on Tuesday, December 8, 2020 at 9:00 AM. 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 whomeAs 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. If you have recently sold this property or have any questions related to vlannine matters. please contact !' office at (772) 226-1239 or:rsweeney@ircgov.com. Sincerely.. Rvan Sweenev .;.i. t-urrent Develomnent Attachment: location Man PI ammmXy (a POAsM.WSPOsWst w Bh+ %wbw9kif X=SpOL&.w. 5 1 .y = �s 0 2 1 i a b OD _ _ 1 � ii •� � _ Ii e 00 i - r •�: V .t .•. i V • elf . - !'.. i o t•"F � :r '.r .. �..}�_- ♦ :r-,;�3 :,E"'L y it J �. _- � 3 • 'tea }. •• .•l -y. ,¢,^ .` . •i ,; .N A • _ - ..r•.. e) r 12TH � ' �,�• •- a il.e - - J ... = .�:..i ^ ,-• • .. ......... . .. .. .. .. tv • ri •'l -.•••••fib•'_ ••4',^w+.'.��,•.•.` s¢g ��y 44 Sd y �,.:'ti:y .Y: •.. a RS avli- iV �rL7 �yg393t o E REGENUY (0.P•(. 41��&WfS sv8�� ay `Toa"(SuI(Ivm k4- Ar e. 17 4+r- ZZ a+ o+ a n f . . . . . ....................... III .... ...... I .............. 52 "2-z- tall .- , "L (A 11d k.+ w� vl i o 8 MHRBOR BLUFFS TRFFF(C IMt'Eit`T STUDY Prepared for HARBOR BLUFFS RETIREMENT, INC. PINDER TROUTMAN CONSULTING, INC. Certificate of Authorization Number: 7989 2005 Vista Parkway, Suite 111 West Palm Beach, FL 33411 (561) 296-9698 APPROVES} BY INDIAN RMR COUNTY TRABRC�gNGINEERWG PUBLIC WORKS DIRECTOR #PTCZO-029 May 12, ZOZO Revised july 20, ZOZO i Rebecca J. Mulcahy, P.E. Florida Registration #42570 5Z ..2'J l2% #20-029 i 4/30/20 j HARBOR BLUFFS EXHIBIT 3 PROJECT TRAFFIC DISTRIBUTION PTC. December 1, 2017 Board o, f County. Commissioners 1801271k Street Vero &wk, Florida 32960-33,65 Telephone: (772) 567.8M RAW W at WW ircgov com Ms. Rebecca Mulcahy, P.E. Pinder Troutman Consulting, lac. 2005 Vista Parkway, Suite 111 West Palm Beach, FL 33411 Subject: 414 Street Residential - Review of Traffic Impact Study 1l etlde'.iff Dear Ms. Mulcahy: Traffic Engineering staff reviewed the Traffic Impact Study (TIS) methodology for the above referenced project and offer the following comments: 1. For Exhibit 2 (Trip Generation), the AM peak hour directional distribution for Nursing Home ('Land Use 620) shall be denoted as 501Y* entering and 506A exiting. 2. The FSUMTS model shall be revised to show the following: • Replace the 16% denoted west of the project's 4161 St driveway with 201/o • Replace the 4% denoted east of the project's 41"' St driveway with 6Wo • Replace the 20'/o denoted on 37d St west of 12" Ct with 16% • Replace the 6001* denoted on 37" St east of 12'h Ct with 40/9 If you have any questions, please contact me at (772) 226-1719. Sincerely, cc: Rich S2pydo, P.E., Public Works Director cc: James Ennis, P.E., County Engineer F`.1TcaifieloontelMy TA 1�cs1TLSldlst Street R,eieR41 st Stmt Raidmtitl - �' Revfew I.eGer.dx L-14.0 (/� Rebecca Mul From: Donte' Taylor [dtaylor@ircgov.com] Sent: Wednesday, December 06, 201711:47 AM To: Rebecca Mulcahy Cc: 'Steve Mole'; Veronica Bunting -Figueroa; James Ennis; Rich Szpyrka Subject: RE: 41 st Street Residential Rebecca, Traffic Engineering staff have no objection to the proposed methodology provided for the subject project. Please proceed with conducting the Traffic Impact Study. Please contact Maya Miller to acquire the most current links maintenance report (i.e., capacities, demand, etc. ), signal timing sheets, and turning movement counts. Regarding the latest traffic volume data for roadway segments/links within the County, click on the following link below: Please contact me if you have any questions. Donte A. Taylor Traffic Analyst Indian Rfver County Traffic Engineering Division 180127th Street Vero Beach, FL 32960 (772) 2202� Vwr us @ . i �'c V W — ))I - I �0�� From: Rebecca Mulcahy[mailto:rmulcahy@pindertroutman.com] Sent: Wednesday, December 06, 2017 9:47 AM To: Donte' Taylor <dtaylor@ircgov.com> Cc:'Steve Moler' <semoler@bellsouth.net>; Veronica Bunting -Figueroa <vbunting-Figueroa@ircgov.com>; lames Ennis <jennis@ircgov.com>; Rich Szpyrka <rszpyrka@ircgov.com> Subject: RE: 41st Street Residential Donte', Attached is the revised trip generation and distribution per your comments. Please review and provide the link Report at your earliest convenience. Thank you. Rebecca Mulcahy, P.E. STC 561-296-9698 i Copyright 0 2010 University of Florida, All Rights Reserved yCS+TM Version 5.5 Generated: 7116/2020 10:33 AM URBAN STREET WORKSHEET #1 General Information ts Information Analyst PTC gency/Co. #20-029 ate Performed 7/14/2020 lme Period PM Peak Hour ban Street rection of Travel risdiction lur,al sis Year Indian River Blvd South South -bound IRC 2022 in ect roject Description: Harbor Bluffs Input Parameters Analysis Period(h) T = 0.25 1 2 S 3 menu 4 6 6 7 8 Cycle length, C (s) 140.0 140.0 132.0 70.0 70.0 70.0 70.0 70.0 peen to cycle ratio C 0.350 0.270 0.330 0.700 0.700 0.700 0.700 0.700 /c ratio for lane group, X 1.110 1.090 1.230 0.600 0.600 0.600 0.600 0.600 aj of lane group, c veh/h) 1239 965 1182 600 600 600 600 600 ct Veh on Gm. PVG rrival type, AT 4 4 3 4 4 4 4 4 nit extension, UE sec 0.0 0.0 3.0 0.0 0.0 0.0 0.0 0.0 ength of seg22=LL (mij 0.16 0.39 0.67 nitial queue, Qb (veh) 0 0 0 0 0 0 0 0 rban street class, SC 2 2 2 2 2 2 2 2 r; flowspeed, FSS milk 40 40 40 40 40 40 40 40 unning time TR s 18.4 37 7 61.6 her del s 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 lay Computation niform delay, d1 (s) 45.5 51.1 44.2 5.4 5.4 5.4 5.4 5.4 ncremental delay ad', K 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 U stream fiftering ad factor, 1 1.000 0.090 0.090 0.090 0.769 0.769 0.769 0.769 ncremental delay, d2 (s) 61.3 42.4 104.2 0.4 3.4 3.4 3.4 3.4 n Jal queue delay, d3 (s) 0 0 0 0 0 0 0 0 10.256 )gression ad' factor, PF 0.944 1.008 1.000 0.256 0.256 0.256 0.256 ontrol delay, d s 104.3 94.0 148.4 1.8 4.8 4.8 4.8 4.8 e ment LOS Determination ravel time, ST (s) 122.7 1 131.6 1210.1 rav-el speed, SA mi/h 4.7 I 1 10.7 11.5 e ment LOS F I F F rban Street LOS Determination Total travel time (s) Total length (mi) Total travel speed, SA (mi/h) otal urban street LOS 464.4 1.22 9.5 F Copyright 0 2010 University of Florida, All Rights Reserved yCS+TM Version 5.5 Generated: 7116/2020 10:33 AM Q"flg t A 2010Wsmsitr a( Ronda. AS R}hra Rmeavad HCS+" '' version $.5 Uenwaaw a►rrzuav a-rw rue SHORT REPORT Genera! Information Site hdornedon Analyst PTO .Agency or Co. #20-029 Data Perforated SW20 Time Period PM Peak Hour Volume and Thning Input intersection Area Type Jurisdiction Analysis Year 37th St & US 1 All ofherareas IRC 2022 LT EB TH RT LT W8 TH RT NB LT TH RT LT SS TH R Number of Lanes 2 1 2 0 1 2 Lane Group L R 7R L T Vok" (vph) 938 439 2054 160 1 86 1461 % Heavy Vehicles 2 2 2 2 2 2 PHF 0.78 0.78 0.78 0.78 0.78 0.78 Pretimed/Aduated (PIA) A A P P A A Startup Lost Time 3.0 3 0 3.0 3.0 3.0 Extension of Effective Green 2.0 20 2.0 2.0 2.0 Arrival Type 3 3 4 4 4 Unit Extension 3.0 3.0 3.0 3.0 3.0 PedBikeIRTOR Volume 0 0 0 0 0 0 0 0 0 0ne Vl Lakb 12.0 120 12.0 12.0 12.0 Parki rki Gradepang N 0 N N 0 N N 0 NN 0 N Pari ingMour Bus StopslHour 0 0 0 0 0 Minimum Pedestrian Time Phaisina WB Only 02 13.2 1 3.2 03 04 SB Only 3.2 NS Perm 1 07 3.2 1 08 .ming G= 31.4 JG= IY- G= G= I G= 16.0 G= 73.2 JG= I G= 6.6 JY= Y= Y= Y= 6 Y= 68 IY= IY= Duration of Analysis m = 0.25 Lane Group Capacity, Control Delay, and LOS Determination Cycle Length C = f40-0 ES WB NB SB Adjusted Flaw Rate 1203 563 2838 110 1873 Lane Group Capacity 746 599 1809 243 2387 We Ratio 1.61 0.94 1.57 .45 0.78 Green Ratio 0.22 .38 .52 .68 .67 UnMorm Delay d1 54.8 2.0 .9 .9 95.9 Delay Factor k .50 .45 0.50 f 1 .33 Incremental Delay d2 281.9 210 587 1 1.3 1.8 PF Factor 1.000 1.000 10.936 1.000 .362 Control Delay 336.7 680 1290.4 X2 7.5 Lane Group LOS F E F D A App Day 250.1 290.4 9.1 Appy LOS F F A Intersection Delay 194.9 Intersection LOS F Q"flg t A 2010Wsmsitr a( Ronda. AS R}hra Rmeavad HCS+" '' version $.5 Uenwaaw a►rrzuav a-rw rue Lq)YM [ a Z070 UMWJWW Of ROMs. All Rights Reserved HCS+TM Version 5.5 Generated: 5/1212020 2.28 PM 62'3( URBAN STREET WORKSHEET #1 General Information te Information Analyst PTC gencylCo. #20-029 Date Performed 5!7/2020 ime Period PM Peak Hour lullalysis ban Street ecction of Travel sdic tion Year Indian River Blvd South South -bound IRC 2022 ro' Description: Harbor Bluffs !n ut Parameters nalysis Period(h) T = 0.25 1 2 Segments 3 4 5 6 7 8 de length, C (s) 140.0 140.0 132.0 Effgreen to cycle ratio. C 0.350 0.270 0.330 0 0 0 0 0 /c ratio for lane group,X 1.100 1.070 1.220 0 0 0 0 0 Ca of lane group, c veh/h) 1239 965 1182 0 0 0 0 0 ct Veh on Grn., PVG AT 4 4 3 nit extension, UE sec 0.0 0.0 3.0 ngth of segment L mi 0.16 0.39 0.67 nitial queue, Qb (veh) 0 0 0 roan street class SC 2 2 2 ree speed, FSS milk 40 40 40 unnin time, TR s 4 18.4 37.7 1 61.6 ther dels 0.0 0.0 1 0.0 la Com utation niforrrt delay, d, (s) 45.5 51.1 44.2 5.4 5.4 5.4 5.4 5.4 ncremental dela ad', k 0.50 0.50 0.50 a50 0.50 0.50 0.50 0.50 stream filtering ad' factor, 1 1.000 0.090 0.090 ncremental delay, d2 (s) 57.5 33.9 99.8 0.4 3.4 3.4 3.4 3.4 nitial queue delay, d3 (s) 0 0 0 ression ad' factor, PF 0.944 1.008 11.000 0.256 10.256 10.256 10.256 0.256 rttrol delay, d s 100.4 85.4 1 144.0 e ment LOS Determination raveI time, ST (s) 118.8 123.1 205.6 ravel s . SA mi/h 4.8 11.4 1 11.7 ment LOS F F IF Urban Street LOS Determination Total travel time (s) 447.5 Total length (mi) 1.22 Total travel speed, SA (mi/h) 9.8 o l urban street LOS F Lq)YM [ a Z070 UMWJWW Of ROMs. All Rights Reserved HCS+TM Version 5.5 Generated: 5/1212020 2.28 PM 62'3( CopyrVt 0 2010 UMVetsity of Florida. All Rights Reserved HCS+"M Version $.5 Generated: 5!512020 5:09 PM W, - 3 SHORT REPORT General Information Site Information Analyst PTC Agency or Co. #20-029 Date Performed 5/5/20 Time Period PM Peak Hour Intersection Area Type Jurisdiction Analysis Year 37th St & 10th Court All oflter areas IRC 2019 Volume and Timing Input LT E8 TH RT LT WB TH I RT LT NB TH RT LT SB TH RT Number of Lanes 1 1 0 1 1 0 1 1 0 1 1 0 Lane Group L TR L TR L 7R L TR Volume (vph) 39 524 28 45 345 42 221 8 213 202 7 220 % Heavy Vehicles 2 2 2 2 2 2 2 2 2 2 2 2 PHF 0.89 0.89 0.89 0.74 10,74 0.74 0.68 10.68 0.68 10.61 0.61 0.61 Pretimed/Actuated (P/A) A A A A A A A A A A A A Startup Lost Time 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 2A 20 2.0 Arrival Type 3 3 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 PedBike/RTOR Volume 0 0 0 0 0 0 0 0 30 0 0 30 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parld /Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/Hour Bus Stops/Hour 0 0 0 0 0 0 1 0 1 0 Minimum Pedestrian Time Phasing Excl. Left 3.2 I EW Perot 03 3.2 1 04 1 NS Perm 3.2 06 1 07 1 3.2 08 Timing G= 150 iy= 1 G= 45.0 G= G IG= 30.0 G= G= ly= G= 1Y= 6 Y= 6 Y= Y= Y= 5.7 Y= Duration of Anal . Mrs) = 0.25 Lane Group Ca acit , Control Delay, and LOS Determination Cycle Lencrth C = 107,7 EB WS NB SB Adjusted Flow Rate 44 620 61 523 325 281 339 322 Lane Group Capacity 433 "755 360 748 181 429 215 429 v/c Ratio 10 ' 0.82 0.17 0.70 1.80 0.66 1.54 0.75 Green Ratio 60 0.41 0.60 0.41 1 0.27 10.27 90.27 0.27 Uniform Delay dt92.0 28.3 14.426.4 9.3 4.9 9.3 36.0 Delay Factor k .11 0.36 0.11 0.27 0.50 P.23 0.50 0.31 Incremental Delay d2 0.1 7.2 0.2 2.9 379.2 3.6 264.7 7.2 PF Factor 1.000 1.000 1.000 1.000 1,000 1.000 1.000 1.000 Control Delay 12.1 35.6 14.6 29.3 418.6 38.5 304' 1 W Lane Group LOS B D 8 C F D F D Approach Delay 34.0 27.7 2423 175.5 Approach LOS C C F F Intersection Delay 119.8 Intersection LOS F CopyrVt 0 2010 UMVetsity of Florida. All Rights Reserved HCS+"M Version $.5 Generated: 5!512020 5:09 PM W, - 3 Copyright 0 2010 UnNersfty of Florida. All Rights Reserved HCS+TM Version 5.5 Generated. 51l zrAMU z:s, rm URBAN STREET WORKSHEET #1 eneral Information Site Information nalyst PTC gency/Co. #20.029 Date Performed &WO rime Period PM Peak Hour Urban Street Direction of Travel Jurisdiction lAnalysis Year 37th Street West -bound IRC- Optimized Timing 2024 MProject Project Descri tion: Harbor Bluffs Input Parameters naiysis Period(h) T x 0.25 1 2 merits 3 4 5 6 7 8 cle length, C s) 90.0 115.7 440.0 ff. green to cycle ratio C 0.630 0.380 0.230 0 0 0 0 0 /c ratio for lane group,X Q440 0.900 4.640 0 0 0 0 0 a of lane group, c veh/h) 522 697 795 0 0 0 0 0 ct Veh on Grn. PVG val type, AT 3 3 3 Unit extension, UE sec 3.0 3.0 3.0 Length of segment L(mi)___0.50 0.43 0.69 Initial queue, Qb (veh) 0 0 0 Urban street class, SC 2 2 2 Free-flow s ed, FSS mi/h 40 40 40 unnina time s 46.5 40.9 63.4 er de s 0.0 0.0 0.0 lay Computation niform delay, d1 (s) 8.5 33.8 53.9 5.4 5.4 5.4 5.4 5.4 ncremental delay ad', k 0.11 0.42 0.50 0.50 0.50 0.50 0.50 0.50 pstrearn filtering ad' factor, 1 1.000 0.899 0.314 ncremental delay, d2 (s) 0.6 13.6 289.8 0.4 3.4 3.4 3.4 3.4 nitial queue delay, d3 (s) 0 0 0 rogression ad' Factor, PF 1.000 1.000 1.000 0.256 ' 0.256 10.256 0.256 0.256 trot dela d s 13.1 r47.4 347.0 ment LOS Determination ravel time, ST (s) 59.6 88.2 410.4 ravel speed, SA mUh 30.2 17.5 6.1 ment LOS B D F rban Street LOS Determination otal travel time (s) otal length (mi) otal travel speed, SA (mi/h) otal urban street LOS 558.2 1.62 10.4 F Copyright 0 2010 UnNersfty of Florida. All Rights Reserved HCS+TM Version 5.5 Generated. 51l zrAMU z:s, rm CopydgM ® 2010 University of Florida. All fth% Reserved Hrs+Tm Version 5.5 Generated: MUM= 2:36 PM IM URBAN STREET WORKSHEET #1 General Information ts Information Analyst PTC gency/Co. #20-029 ate Perfomwd 5/&20 ime Period PM Peak Hour ban Street rection of Travel risdiction InalysisYear 37th Street West -bound !RC 2024 ro ect Description: Haftr 8luffs n ut Parameters alysis Period(h) T = 0.25 1 2 Segmems 1 3 4 5 6 7 8 cle length, C s 90.0 107.7 140.0 ff.green to cycle ratio C 0.630 0.410 0.220 0 0 0 0 0 /c rano for lane groue, X 0.410 0.820 1.710 0 0 0 0 0 of lane Smup, c veh/h 539 748 746 0 0 0 0 0 ci Veh on Gm. PVG aI type, AT 3 3 1 3 nit extension UE sec 3.0 3.0 3.0 en of mens, L mi 0.50 0.43 0.69 nidal queue, Qg (veh) 0 0 0 roan street class SC 2 2 2 ree-flow speed, FSS mi/h 40 40 1 40 unning time TR s 46.5 40.9 1 63.4 erd s 0.0 0.0 0.0 lsay Computation niform delay, d1 (s) 8.3 28.2 54.6 5.4 5.4 5.4 5.4 5.4 ncremental delay adj, k 011 0.36 0.50 0.50 0.50 0.50 0.50 0.50 pstrearn filtering ad' factor, I 1.000 x917 0.465 ncxemental delay, d2 (s) 0.5 6.7 322.2 0.4 3.4 3.4 3.4 3.4 nidal queue delay, d3 (s) 0 0 0 ression ad' factor, PF 1.000 1.000 11.000 0.256 0.256 0.256 0.256 0.256 trol delay, d s 11.1 34.9 1390.2 ment LOS Determination raveI time, ST (s) 57.6 75.8 443.6 ravelspeed, SA mini 31.3 20.4 5.6 ment LOS 8 - D F Urban Street LOS Determination Total travel time (s) Total length (mi) Total travel speed, SA (mith) otal urban Street LOS 577.0 1.62 10.1 F CopydgM ® 2010 University of Florida. All fth% Reserved Hrs+Tm Version 5.5 Generated: MUM= 2:36 PM IM Copyright O 2010 UnNersity of Florida, All Riggs Reserved HCS+TM Vaision 5.5 Gemrated: W12020 509 FM %- 35 SHORT REPORT General Information Site Information Analyst PTC Agency or Co. #20-029 Date Performed &WO Time Period PM Peak Hour Intersection Area Type Jurisdiction Analysis Year 37th St & 101h Court All other areas IRC 2019 Volume and Timing Input LT ES TH RT LT WE TH RT LT NB TH RT I LT SB TH RT Number of Lanes 1 1 0 1 1 0 1 1 0 1 1 0 Lane Group L TR L TR L TR L TR Volume (vph) 39 524 28 45 345 42 221 8 213 202 7 220 % Heavy Vehicles 2 2 2 2 2 2 2 2 2 2 2 2 PHF 0.89 0.89 0.89 a74 0.74 0.74 0.68 0.68 0.68 0.61 0.6i 10.61 Pmt1ffw /Actuated (P/A) A A A A A A A A A A A A Startup Lost Time 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 2.0 20 2.0 Arrival Type 3 3 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Ped/Bike/RTOR Volume 0 0 0 0 0 0 0 0 30 0 0 30 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Park/Grade/ParkingParld2g/Grade/Parking N 0 N N 0 N N 0 N N 0 N Parking/Hour Bus Stops/Hour 0 0 0 0 0 0 0 0 Minimum Pedestrian Time 3,2 3.2 3.2 3.2 Phasina Excl. Left EW Perm 03 04 NS Perm 06 07 08 Timing G= 15.0 ly= G= 45.0 G= G= 1Y= G= 30.0 G= G= IY= G= 6 Y= 6 Y= Y= 5.7 Y= Y= Duration of Analysis hrs = 0.25 Lane Group Capacity, Control Delay, and LOS Determination Cycle Length C = 107.7 ES WB NB SB Adjusted Flow Rate 44 620 61 523 325 281 331 322 Lane Group Capacity 433 755 360 748 181 429 215 429 v/c Ratio .10 .82 .17 .70 1.80 .66 1.54 0.75 Green Ratio .60 .41 0.60 .41 0.27 .27 .27 0.27 Uniform Delay d1 12.0 28.3 14.4 ORA 39.3 4.9 9.3 36.0 Delay Factor k .11 0.36 0.11 10.27 0.50 0.23 0.50 0.31 Incremental Delay d2 0.1 7.2 0.2 2.9 79.2 3.6 1 264.7 7.2 PF Factor 1.000 1.000 1.000 129.3 1.000 1.000 1.000 1.000 1.000 Control Delay 12.1 35.6 14.6 418.6 38.5 304.1 43.3 Lane Group LOS B D a C F D F D Approach Delay 34.0 27.7 2423 175.5 Approach LOS C C F I F Intersection Delay 119.8 Intersection LOS F Copyright O 2010 UnNersity of Florida, All Riggs Reserved HCS+TM Vaision 5.5 Gemrated: W12020 509 FM %- 35 Copyright m 2010 LWvers4 of Florida, M Rights Reserved HCS+Tm Version 5.5 Generated: 5117JZUZo Z:31 r'M URBAN STREET WORKSHEET #1 eral Information ts Information yst PTC cy/Co. #20-029 Performed 5/6/20 k1mePeriod PM Peak Hour ban street ection of Travel sdiction [UlalysisYear 37th Street West -bound IRC- Optimized Timing 2024 wRofiod Project Description: Harbor Bluffs Input Parameters - aiysis Period(h) T = 0.25 1 - - 2 Segments 1 3 4 5 6 7 8 de length, G s) 90.0 115.7 1140.0 reen bo le ratio C 0.630 0.380 0.230 0 0 0 0tio ivrlane rou X 0.440 0.900 1.640 0 0 0 0 0 f lane rou c veh/h P 522 697 795 0 0 0 0 0 eh on Gm. PVG val , AT 3 3 3 nit extension, UE sec 3.0 3.0 3.0 en th of segment L mi 0.50 0.43 0.69 nitial queue, Qb (veh) . 0 0 0 roan street class, SC 2 2 2 ree-flow speed, FSS milk 40 40 40 unning time TR s 46.5 40.9 6=3.4= er de s 0.0 0.0 0.0 Iay Computation niform delay, d, (s) 8.5 33.8 53.9 5.4 5.4 5.4 5.4 5.4 ncremenial delay ad', k 0.11 0.42 0.50 0.50 0.50 0.50 0.50 0.50 am filtering ad' factor, l 1.000 0.899 0.314 ncremental delay, d2 (s) 0.6 13.6 289.8 0.4 3.4 3.4 3.4 3.4 nitial queue delay, d3 (s) 0 0 0 ion ad' factor, PF 1.000 1.000 1.000 10.256 10.256 10.256 0.256 0.256 trot dela d s 13.1 47.4 347.0 ment LOS Determination raveI time, ST (s) 59.6 88.2 1410.4 raveI speed, SA mi/h 30.2 17.5 1 6.1 ment LOS B D I F roan Street LOS Determination otaI travel time (s) otal length (ml) otal travel speed, SA (ml/h) otal urban street LOS 558.2 1.62 10.4 F Copyright m 2010 LWvers4 of Florida, M Rights Reserved HCS+Tm Version 5.5 Generated: 5117JZUZo Z:31 r'M Copyright A 2010 university of Florida, All Fights Reserved Mcs+TM version 5.5 Generated: 5/12/2020 2:37 PM 62.3? URBAN STREET WORKSHEET #1 eneral information [to Information nalyst PTC gency/Co. #20-029 ate Performed x/6/20 ime Period PM Peak Hour oan Street ection of Travel risdiction Year 37th Street West -bound IRC 2024 w/Pro'ect ro'ect Description: Harbor Bluffs n ut Parameters alysis Period(h) T = 0.25 1 1 2 Segments 3 4 1 5 6 7 8 cle length, C (s) 90.0 107.7 140.0 ff. reen to SLcLe ratio, C 0.630 0.410 a220 0 0 0 0 0 /c ratio fir lane group, X 0.440 0.840 1.750 0 0 0 0 0 of lane group,c veh/h) 522 749 746 0 0 0 0 0 ctVeh on Gm., PVG ' 1 type, AT 3 3 3 nit extension UE sec 3.0 3.0 3.0 en th of segment, L mi 0.50 0.43 0.69 nitial queue, 0. (veh) 0 0 0 rban street class, SC 2 2 2 ree-flowspeed, FSS mi/h 40 40 40 unpin time TR s 46.5 40.9 1 63.4 er dela s 0.0 0.0 1 0.0 Com utation delay, d1(s) 8.5 28.6 54.6 54 5.4 5.4 5.4 5.4 ntai dela ad', k p 0.11 0.38 0.50 0.50 0.50 0.50 0.50 0.50 m filterin ad' factor 1 1.000 0.899 0.430 ntal delay, d2 (s) 0.6 7.7 3399 0.4 3.4 3.4 3.4 3.4 eue delay, d3 (s) 0 0 0 lProgression ad' factor, PF 1.000 1.000 1.000 0.256 0.256 0.256 0.256 0.256 ;;;I-delay,d s J3.1 36.3 396.3 ent LOS Determination me, ST (s) 59.6 772 459.7 eed SA mi/h 30.2 201 5.4 t LOS B D F Street LOS Determination vel time (s) 596.5 gth (mi)1.62 otal travel speed, SA (mi/h) 9.8 otal urban street LOS F Copyright A 2010 university of Florida, All Fights Reserved Mcs+TM version 5.5 Generated: 5/12/2020 2:37 PM 62.3? Copyright ® 2010 University of Florida. AQ Rights Reserved HCS+TM Version 5.5 Generated: 5/1212020 2:38 PM URBAN STREET WORKSHEET #1 enrol Information !to Information alyst PTC gency/Co. #20-029 ate Performed 5/7/20 ime Period PM Peak Hour ban Street ection of Travel sdiction Year 37th Street West -bound IRC- Optimized Timing 2022 wNmjed mject Description: Harbor Bluffs n ut Parameters alysis Period(h) T = 0.25 'l 2 Segments 3 4 1 5 6 7 8 Ge length, C (s) 90.0 120.0 140.0 ff. reen to cycle ratio /C 0.630 0.380 0.230 0 0 0 0 0 /c ratio for lane group, X 0.390 0.830 1.530 0 0 0 0 0 ap of lane group, c veh/h 545 703 795 0 0 0 0 0 Pct Veh on Gm. PVG Knival type,AT 3 3 3 tension, UE sec 3.0 3.0 3.0 of ment, L mi P.nifiaM 0.50 0.43 0.69 ueue, Ob (veh) 0 0 0 rban street class, SC 2 2 2 ree-flowspeed, FSS milh 40 40 40 Kunnina time TR s 46.5 40.9 63.4 r.merclelay,s 0.0 0.0 1 0.0 Computation delay, d1 (s) 8.2 33.7 53.9 5.4 5.4 5.4 5.4 5.4 ntal dela ad', k rnIftaI'qt 0.11 0.37 0.50 0.50 0.50 0.50 0.50 0.50 m fifterin ad' factor, 1 1.000 0.927 0.448 ntal delay, d2 (s) 0.5 7.7 241.4 0.4 3.4 3.4 3.4 3.4 eue delay, d3 (s) 0 0 0 ad' factor, PF 1.000 1.000 1.000 0.256 0.256 0.256 0.256 0.256 d s 10.7 41.4 296.8 initLOS Determination raiv, ST (s) 57.2 82.3 360.2 ravel , SA mi/h 31.5 1 18.8 6.9 tent LOS B 1 D I F rban Street LOS Determination otal travel time (s) otal length (mi) otal travel speed, SA (mi/h) otal urban street LOS 499.7 1.62 11.7 F Copyright ® 2010 University of Florida. AQ Rights Reserved HCS+TM Version 5.5 Generated: 5/1212020 2:38 PM Copyright 0 2010 UNvw.* of Florida, AD Rights Reserved HCS+TM Version 5.5 Generated: 5!1212020 236 PM URBAN STREET WORKSHEET #1 eneral information ite Information alyst PTC ency/Co. #20-029 to Perfomned W120 ime Period PM Peak Hour rban Street irection of Travel risdiction I!alysis nYear 37th Sheet West -bound IRC 2022!! /Pm' ro'ect Description: HarborBlufTs I !4 Parameters nalysis Period(h) T = 0.25 1 2 Segments 3 4 5 6 7 8 cle length, C (s) 90.0 107.7 140.0 ff. green to de ratio C 0.630 0.410 0.220 0 0 0 0 0 /c ratio fir lane group, X 0.390 0.780 1.630 0 0 0 0 0 R of lane -group, c veh/h) 545 749 746 0 0 0 0 0 ct Veh on Orn., PVG ' al type, AT 3 3 3 nit extension, UE sec 3.0 3.0 3.0 ength of segment L mi 0.50 043 0.69 nitial queue, Qb (veh) 0 0 0 roan street dans, SC 2 2 2 Free-flow speed, FSS mi/h 40 40 40 uraning time TR s 46.5 40.9 63.4 they delay, s 0.0 0.0 0.0 lay Computation nifiorm delay, d1 (s) 8.2 27.6 54.6 5.4 5.4 5.4 5.4 5.4 ncremental d2laj ad', k 0.11 0.33 0.50 0.50 0.50 0.50 0.50 0.50 tceam filtering ad' factor, 1 1.000 0.927 0.532 ncremental delay, d2 (s) 0.5 4.9 286.8 a4 3.4 3.4 3.4 3.4 nitial queue delay, d3 (s) 0 0 0 cession ad' factor, PF 1.000 1.000 1.000 jo.256 0.256 x256 0.256 0.256 antro1 del d s 10.7 32.5 3426 ment LOS Determination ravel time, ST (s) 1 57.2 1 73.4 1406.0 ravelspeed, SA mi/h 31.5 1 21.1 6.1 ment LOS I B I D F Urban Street LOS Determination otaI travel time (s) ota1 length (m) ota1 travel speed, SA (milk) ota1 urban street LOS 536.6 1.62 10.9 F Copyright 0 2010 UNvw.* of Florida, AD Rights Reserved HCS+TM Version 5.5 Generated: 5!1212020 236 PM Copyright O 2010 unive" of Florida. M Rights Reserved tics+7+4 VMwn 5.5 Generated: 51512020 4:52 PM 92-10 SHORT REPORT General Information Site Information Analyst PTC Agency or Co. #20-029 Date Performed 5/5/20 Time Period PM Peak Hour Volume and Timing [n t Intersection Area Type Jurisdiction Analysis Year 37th St & US i All other areas IRC 2019 EB LT TH RT LT WB TH RT NB LT TH RT LT SB TH RT Number of Lanes 2 1 2 0 1 2 Lane Group L R TR L T Volume (vph) 858 402 1880 146 79 1337 % Heavy Vehicles 2 2 2 2 2 2 PHF 0.80 0.80 10.72 0.72 0.86 0.86 Pretimed/Actuated (PIA) A A P P A A Startup Lost Time 3.0 3.0 30 3.0 3.0 Extension of Effective Green 2.0 2.0 2.0 2.0 2.0 Arrival Type 3 3 4 4 4 Unit Extension 3.0 3.0 3.0 3.0 3.0 Ped/Bike/RTOR Volume 0 0 0 0 0 0 1 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 Parking/GradetParking N 0 N N 0 N N 0 N N 0 N Parking/Hour Bus Stops/Hour 1 0 0 0 0 0 Minimum Pedestrian Trme 3.2 13.2 1 1 3.2 1 3.2 Phasing WB Only02 03 04 SB On NS Peron 07 08 Tmir G= 31.4 G= ly= 6.6 Y= G= G= Y= Y= G= 16.0 JY= 6 G= 73.2 Y= 6.8 G= 1 Y= G= Jy= Duration of Analysis hrs = 0.25 Lane Group Capacity, Control Delay, and LOS Determination Cycle Len h C = 140.0 EB I WB NB S8 Adjusted Flow Rabe 1072 502 2814 92 1555 Lane Group Capacity 746 5.99 1809 243 2387 vk Ratio 1.44 0.84 1.56 0.38 0.65 Green Ratio 0.22 0.38 0.52 0.68 0.67 Uniform Delay di 54.8 39.6 33.9 29.3 13.3 Delay Factor k 0.50 0.37 0.50 10.11 0.23 Incremental Delay d2 204.3 10.2 1252.8 1.0 0.6 PF Factor 1.000 1.000 0.924 1.000 0.362 Control Delay 259.1 I 49.8 284.1 30.3 5.5 Lane Group LOS D F C A Approach Delay 192.3 _. 284.1 6.9 Approach LOS F F A ln*rsecdon Delay 184.5 Intersection LOS I I F Copyright O 2010 unive" of Florida. M Rights Reserved tics+7+4 VMwn 5.5 Generated: 51512020 4:52 PM 92-10 CoWight O 2010 University of Florida, AN Rights Reserved HCS+T" Version 5.5 Generated: 511212020 279 PM y; � URBAN STREET WORKSHEET #1 General information re Information Analyst PTC gency/Co. #20-029 ate Performed MV2020 ime Period PM Peak Hour ban Street ection of Travel risdiction [UalysisYear Indian River Blvd South South -bound IRC 2024 ro'ect Description: Harbor Slufls nput Parameters lysis Period(h) T = 0.25 1 10-350 2 Segments 1 3 4 5 6 7 1 8 de length, C (s) 140.0 140.0 132.0 ff. reen tocycle ratio /C 0.270 0.330 0 0 0 0 0 Ic ratio for lane group, X 1.160 1.140 1.290 0 0 0 0 0 of lanegroup, c veh/h 1239 965 1182 0 0 0 0 0 ct Veh on Gm. PVG val e, AT 4 4 3 nit extension UE sec 0.0 0.0 3.0 e th of segment, L mi 0.16 0.39 0.67 nitial queue, Ob (veh) 0 0 0 rban street dans, SC 2 2 2 n:e-ffow speed, FSS mi/h 40 40 40 unpin time TR s 18.4 37.7 61.6 erde! s 0.0 do 0.0 lay Computation niform delay, d1 (s) 45.5 51.1 44.2 5.4 5.4 5.4 5.4 5.4 ncremental delay adj, k 0.50 0.50 0.60 0.50 0.50 0.50 0.50 a 50 stream filteringad' factor, 1 1.000 0.090 0.090 ncrementai delay, d2 (s) 81.3 64.3 131.1 0.4 3.4 3.4 3.4 3.4 nitial queue delay, d3 (s) 0 0 0 cession ad' factor, PF 0.944 T 1.008 1.000 0.256 0.256 0.256 10.258 x256 ontrot del d s 124.3 1115.9 1175.3 ment LOS Determination ravel time, ST (s) 142.7 11.53.5 1237.0 1- speed, SA milh 4.0 1 9.1 1 102 meet LOS F I F I F rban Street LOS Determination oral travel time (s) otaI length (m7 ota1 travel speed, SA (mi/h) otal urban street LOS 533.2 1.22 8.2 F CoWight O 2010 University of Florida, AN Rights Reserved HCS+T" Version 5.5 Generated: 511212020 279 PM y; � C DO V9 T T T � 3 3 O O o N N. th > > 3 3 a r C. G. INp x M m Lp Irn� �tA�v rm � N N 0NJ 0 O N N N N N N GN N ^' 3 N A 00 'j,D 00 (74 Co W V 0 0 0 0 N c N C N c N c N A 0 0 0 0 y C c c II II !1 II ON � II coo 11 II r C7 w C r X fbfb 7 3 + X w N A W O �O O C A Q1 F 01 N N N V � cp L0 �I W a t� N 7 . -+ V N lTi iJ1 N A W tp C+ .I O I' m _ N - -' W W "�'� tD V A V1 W O O tp A _ N W 1p 00 rn v 00 14 C DO V9 T T T > > 3 � a En rm O N N N N N N ^' a rn N A 0' Ln 00 A ON 0o 00 V A 0 0 0 0 y C c c II coo 11 II II C7 w C r X fbfb 7 3 + X X X A O O �O O co N N N N V � V V V a t� 3 co In co 00 V .I 0 O v N M cn N -+ O O O V tp N V (7$ O rn v 00 14 Wl rl 02-42 82��k3 0 0 0 N Vii N_ T a 70 roA _ 70 -(D c�D "I N rn rn 0 rm O N 00 ihi Vl A Ln cb, V1 ocoo 0 �w y �0 00 V N CO w .1h. w m --1 O � -+ V -Al O H Q t6 iwi w W V m A G M 0333 ! In y -n 0 0 0 3 33cc L A 70 .(D �0 M C rm rm Ln CA mO M D m N N oN p C m N co CO U•1 "► .Sk. tJ1 P l 3 0000=; NV1 c VC1 7 a � II 11 II ado co vi O b ,O 70 co tC vi yy Co co N'ma'� LQ .r 14 14 14 V 3 N N O Vl CO V T O Cop w v e = X cr cr CeD rr N C Cc _ H O C From: Bill Debraal BDebraal@ircgovcom N Ek Subject: FW: Harbor Bluffs acs € Date: December 4, 2020 at 10:58 AMr i To: jtsullyi @verizon.net Mr. Sullivan: Below please find the answers to your questions raised in Monday's meeting. Bill DeBraal Deputy County Attorney 772-226-1426 From: Ryan Sweeney Sent: Thursday, December 3, 2020 5:31 PM To: Bill Debraal <BDebraal@ircgovcom> Bill, Please see my responses below in red. ThankLq, Ryan From: Bill Debraal Sent: Tuesday, December 01, 2020 1:57 PM To: Ryan Sweeney gsweeneyC ircgov.com> QAUIjJW%A. r CLI UUl Qlutl.7 Ryan: met with Mr. Sullivan yesterday on the Harbor Bluffs project. I sent him the traffic study for Harbor Bluffs and the MOB project. He also had the following questions: 1. What type of public notice was sent out for the March 28 P & Z public hearing? The March 28, 2020 PZC meeting was a public meeting, but did not require a public hearing. Therefore, the required public notice was a sign posting by the applicant. However, notice by mail to surrounding property owners is not sent for non-public hearing items. 2. What is the size of the sign(s) Community Development posted on the subject property? Per the County Code, the minimum dimensions are sixteen (16) inches x twenty-one (21) inches. 3. How many public notice letters were sent out by Community Development for the following public hearings: � P & Z on March 28; P & Z on November 12, 2020; BCC December 8, 2020 As noted in item 1 above, notice by mail was not sent for the March 28, 2020 PZC meeting. There were a total of 81 mailed notices sent for the November 12, 2020 PZC meeting and the same 81 mailed notices for the December 8, 2020 BCC meeting. Per the County Code, the mailed notices included surrounding property owners within 300 feet of any portion of the overall project site, and the 2 HOAs (Casa Bella and Lily's Cay). From what I can tell by M the addresses provided for the 2 HOAs, the notice for Casa Bella was sent to a 311-1 party property management company, and the HOA for Lily's Cay is still under developer control. Can you help out -with these answers`" Thanks! Bill DeBraal Deputy County Attorney 772-226-1426 s �� Links Ph. 1 20-029 4-17-20 5/8/2020 Page 3 of 3 Exhibit 4A Harbor Bluffs PAR Peak KiDur Project Trac Assignment fbr Phase 1 Roadway Link lanes Link No. Dir. % Project Assign. Project Traffic Capacity Significant Impact? 43rd Avenue 8th St to 12th St 2 292ON NB 3% 2 864 No 2920S SB 3% 1 864 No 43rd Avenue 12th St to 16th St 2 1 2925N NB 3% 2 864 No 29255 SB 3% 1 864 No 43rd Avenue 16th St to SR 60 2 2930N N8 4% 3 1071 No 2930S SS 4% 2 1071 No 43rd Avenue SR 60 to 26th St 4 2935N NB 1% 1 1796 No 29355 SB 1% 0 1796 No 43rd Avenue 26th St to 41 A St 2 2940N NB 1% 1 880 No 29405 SB 1% 0 880 No 43rd Avenue 41st St to 45th St 2 2945N NB 1% 0 880 No 29455 SB 1% 1 880 No 58th Avenue 16th Street to SR 60 4 3025N NB 1% 1 1770 No 30255 SB 1% 0 1770 No 5841 Avenue SR 60 to 41st St 4 303ON NB 4% 3 1960 No 30305 SB 4% 2 1960 No 66th Avenue 26th St to 41 st St 2 313ON NS 1% 1 880 No 31305 SB 1% 0 880 No 41st Street 66th Ave to 58th Ave 2 ]4430W 4420E EB 1% 1 880 No 4420W WB 1% 0 675 No 41 st Street 58th Ave to 43rd Ave 2 4430E EB 5% 4 1 880 No WB 5% 2 880 No 41 st Street 43rd Ave to Old Dixie Hwy 2 4440E EB 7% 5 675 No 444OW WB 71% 3 540 No 41 st Street Old Dixie tLmi to 11 th Dr/Site* 2 4450E ES 20% 15 540 YES 445OW WB 20% 1 9 880 YES 41 st Street 11 th Dr/Site to Indian River Blvd* 2 4450E EB 60% 28 540 YES 445OW WB 60% 44 880 YES 37th Street US 1 to 11 th Dr/Site* 2 4460E EB 16°/C 12 992 YES 4460W WB 16% 8 992 YES -37th-Street ialti River 4 0 2 992 No 6OW WB 4% 3 992 No 8th Street 20th Ave to Old Dixie H 2860E P486OW EB 3% 2 810 No WS 3% 1 810 No 8th Street US 1 to Indian River Bd 2880E ES 3% 2 675 No 488OW WB 3% 1 675 No 4th Street Old Dixie Hwy to US 1 4 4970E EB 4% 3 1540 No 497OW WB 4% 2 1467 No Atlantic Blvd 27th Ave to 20th Ave 2 5810E EB 6% 4 709 No 581OW WS 6% 3 540 No Atlantic Bbd 20th Ave to US 1 2 5820E EB 6% 4 880 No 5820W WB 6% 3 880 No Aviation Blvd 126th St to 27th Ave 2 5910E EB 10% 7 1190 No 5910W I WSJ 10% 5 1190 No * Links split at 11 th Drive/Site for analysis purposes. WITH PROJECT Links Maintenance Report CDPR9055 - L�nY.s Maintenance Report LTM( a r,INK DESCRIPTION �. CAPACITY`CURRENT `-TOTA'E-- PROJECT TOTAL DEM. VESt DEMAND TRIPS ./PROJECT AVAILABLE CAPACITv' 4320E 45TH ST//66TH AVENUE//58TH AVENUE 880 131 0 (' 131, 131 749; 14:9 4320W 45TH ST//66TH AVENUE//58TH AVENUE 860 210 0•.•• 210 210 670 23:9 4330E 45TH ST//58TH AVENUE//43RD AVENUE 880 284 38 ` 322;, 322 558 36.6' 4330W 45TH ST//58TH AVENUE//43RD AVENUE 880 272 24 295 295 $85 33,6 4340E 45TH ST//43RD AVENUE//OLD DIXIE HWY - 880 370 0 -.3701 370 510 42.0' 4340W 45TH ST//43RD AVENUE//OLD DIXIE HWY - 880 380 0 -. - -- 380. 380 500 431, 4350E 45TH ST//OLD DIXIE HWY//INDIAN RIV BD 880' 256 0 256: 256 624 29;1' 435OW 45TH ST//OLD DIXIE HWY//INDIAN RIV BD 980 289 0 " .. .. 289: 289 591 32A 4420E 41ST ST//66TH AVE//58TH AVE 880 144 0 144 2 146 734 16.6. 4420W 41ST ST//66TH AVE//587H AVE 675. 213 0 213; 1 214 461 31.7. 4430E 41ST ST//58TH AVE//43RD AVE 880 337 0 ' 337* 11 348 532 39.6 4430w 41ST ST//58TH AVE//43RD AVE 880 405 0 4051 6 411 469 46,7 4440E 41ST ST//43RD AVE//OLD DIXIE HWY 675 354 2 3567 15 371 304 54.9 4440W 41ST ST//43RD AVE//OLD DIXIE HP: - 540, 370 0 • -. 370 9 379 161 70.1 4450E 41ST ST//OLD DIXIE HWY//INDIAN RIV BD - •540 225 0` 225' 77 302 238 65.9- 4450W 41ST ST//OLD DIXIE HWY//INDIAN RIV BD 880 272 0 272', 127 399 481- 45,3 4460£ 37TH ST//U.S.91//INDIAN RIV BLVD 992 501 0 501 34 535 457 53.9 4460W 37TH ST//U S 81//INDIAN RIVER BLVD 992 912 01.- 912 21 933 59- -A&I" 4470E 33RD ST//66TH AV//58TH AV 634 73 0 73 73 561 11.5 447OW 33RD ST//66TH AV//58TH AV 832 77 10 87 87 745 •, 10.5, 4710E 26TH ST//74TH AV//66TH AV 792 222 0 222' 222 570 28:1' 411OW 26TH ST//74TH AV//66TH AV 792 360 0, 360, 360 432 45.4 4720E 26TH ST//66TH AVENUE//58TH AVENUE _880 350 0 350 350 530 _ 39,8 472OW 26TH ST//66TH AVENUE//58TH AVENUE 880 497 0 7 497 491 383' 56;5 4730E 26TH ST//58TH AVENUE//43RD AVENUE 880, 443 0 443 443 437. 50,3 4730W 26TH ST//58TH AVENUE//43RD AVENUE 880 582 0 - .582; 582 298 66.1? 4740E 26TH ST//43RD AVE//AVIATION BLVD 792 481 0 4811 481 311 601 474OW 26TH ST//43RD AVE//AVIATION BLVD 832 635 0' 635', 635 197, 76:4 4750E 26TH ST%/AVLATION BLVD//27TH AVENUE 709 191 0 i 1911 191 518 26:9. 475OW 26TH ST//AVIATION BLVD//27TH AVENUE 709 166 0+ 166j 166 543 23,4. 4830E 8TH ST//58TH AVENUE//43RD AVENUE 880 363 0 363 363 517 41,2' 483OW 8TH ST//58TH AVENUE//43RD AVENUE 880 529 1 530: 530 350 60•;2 4840E 8TH ST//43RD AVENUE//27TH AVENUE 880 355 0;. 355, 355 525 40,4 4640H STH ST//43RD AVENUE//27TH AVENUE 880 470 0,. 470 470 410 63A 4850E 8TH ST//27TH AVENUE//20TH AVENUE 792 326 1' 327 327 465 41.3 4850W STH ST//27TH AVENUE//20TH AVENUE 880 396 0. 396: 396 484 45.0 4860E 8TH S -.//20TH AVENUE//OLD DIXIE HWY 810 413 0 413 6 419 391 51.9 486OW STH ST//20TH AVENUE//OLD DIXIE HWY 810 570 0' 570 4 574 236 70.9 4870E STH ST//OLD DIXIE HWY//U.S. 1 Bio 3711 0 371,, 371 439, 45.8 487OW STN ST//OLD DIXIE HWY//U.S. 1 810 525 0' 525 525 285. 64.9' 4880E 8TH ST//U.S. 1//INDIAN RIVER BLVD 67.5 209 0' 209 6 215 460 31;9' 4880W 8TH ST//U.S. 1//INDIAN RIVER BLVD 675 455 01 455 4 459 216 68.0 4910E 4TH ST//82ND AVE//58TH AVE 880 98 6 104' 104 776 11.8 491OW 4TH ST//82ND AVE//58TH AVE 880 124 0 124 124 756 14.1 4930E 4TH ST//58TH AVE//43RD AVE 880 271 0 271 271 609, 30.8 4930W 4TH ST//58TH AVE//43RD AVE 880 253 0 253. 253 627 28.7 4940E STH ST//43RD AVE//27TH AVE 880 317 1 318 318 562 36,2 4940W 4TH ST//43RD AVE//27TH AVE 880 348 1 349, 349 531 39,6 4950E 4TH ST//27TH AVE//20TH AVE 675 355 0 355', 355 320 52,6 495OW 4TH ST//27TH AVE//20TH AVE 675 405 0 -405 405 270 60.1 4960E 4TH ST//20TH AVE//OLD DIXIE HWY 880 359 1 360 360 520 40;9 4960W 4TH ST//20TH AVE//OLD DIXIE HWY 880 556 0 556 556 324 63;2 4970E 4TH ST//OLD DIXIE HWY//U.S. 1 1,540 372 0 372 8 380 11160 24:6 4970W 4TH ST//OLD DIXIE HWY//U.S. 1 1,467 604 0' .604 5 609 858 41,5 5010E 16TH STRRET//74TH AVENUE//82ND AVENUE 1,190 92 0 92 92 1,099 7.7 5010W 16TH STREET//74TH AVENUE//82ND AVENUE 11190 125 0 125' 125 1,065 10.51 5610E FRED TUERK DR//AIA//W OF COCONUT DR 1,190 120 0, 120 120 1,070. 10.1• 561OW FRED TUERH DR//AW/W OF COCONUT DR 1,190 88 Oi 88, 88 1,103 7.4 5710E WINTER BEACH RD//AlA//JUNGLE TRAIL 11190 50 0 50 50 1,140 42 571OW WINTER BEACH RD//ALA//JUNGLE TRAIL 11190 49 0, 49 49 1,141 4.1 5810E ATLANTIC BLVD//27TH AVENUE//20TH AVENUE _ '709 91 0, 91 13 104 605 14;7 581OW ATLANTIC BLVD//27TH AVENUE//20TH-AVENUE- 540, 129 0 129' 8 137 403 25.5. 5820E ATLANTIC BLVD//20TH AVENUE//U.S. 1 880 213 0 . 213 13 226 654 25,7, 5820W ATLANTIC BLVD//20TH AVENUE//U.S. 1 880 179 0 179 8 187 693 21.3' 5910E AVIATION BLVD//26TH STREET//27TH AVENUE 1,190 585 0 585 21 606 584 51,0, 591OW AVIATION BLVD//26TH STREET//27TH AVENUE 1,190 710 0 710 13 723 467 60,7 6010E ROYAL PALM BLVD//ROYAL PALL! PL//INDIAN 540 129 0 129, 129 411' 24.0 601OW ROYAL PALM BLVD//ROYAL PALM PL//INDIAN 709 250 0 250' 250 459 35,3 6110E ROYAL PALM PL//U.S. 1//INDIAN RIVER BLVD 880 232 0 232 232 648 26A 611OW ROYAL PALM PL//U.S. 1//INDIAN RIVER BLVD 880 303 0 -303. 303 577. 34,4, 9005N 90TH AVE//SR 60//8TH ST 832 169 0 169 169 663 20.3' 9005S 90TH AVE//SR 60//8TH ST 634 216 8 224 224 410 36A 90ION CR 507//S CAROLINA//N COUNTY LINE 1,190 212 0 212 212 978 17.8 _ 9010S CR 507//S CAROLINA//N COUNTY LINE 634 235 0 235 235 399 37.0 i March 22, 2019 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www.ircgov.com STEPHEN E MOLER P.E. (via e-mail) MASTELLER & MOLER, INC RE: HARBOR BLUFFS [SP -CP -18-06-15/99040218-81376] Dear Mr. Moler: The above referenced application has been scheduled on the agenda of the regular business meeting of the Indian River County Planning and Zoning Commission to be held Thursday, March 28, 2019, beginning at 7:00 p.m. The meeting will take place in the County Commission Chambers of the County Administration Building, located at 180127th Street, Vera Beach, Florida. Please find attached a copy of the Planning and Development Division's recommendations regarding your requests. You may review the meeting agenda and backup material on the Indian River County website, located at www.ircgov.com. Meeting minutes and videos are also available on the website. If I can be of further assistance, please don't hesitate to contact me at rsweeney@ircgov.com or (772) 226-1239. Sincerely, I IF Ryan Sweeney Senior Planner cc: Phil Matson, AICP (via e-mail) Virgina Russell Family LTD Partnership (US Mail) Paul Bouldin (via e-mail) Nicholas Westenberger (via e-mail) Riverfront Groves/Dan Richey (via e-mail) Cooper Osteen (via e-mail) cdplus/p&z transmittal letter Rich Szpyrka, P.E. (via e-mail) Segment Markets 85, Inc. (US Mail) David M. Taylor, PSM (via e-mail) Terry & Patricia Canfield (via e-mail) Gifford Interested Parties (via e-mail) rl(vtck a W 12 1/ q PLANNING AND ZONING COMMISSION .1_ _ 1 _ _I• _ _ P1• MVI -%.. VVGJ u 111%o� to 1y v1 a Iv a IUIUI I IN V VI Na %j I �n w� I IGA1 n m lu w lu Zoning Commission (PZC) on Thursday, March 28, 2019 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 Countv website www.-irggov.com/Boards/PZC/2019. Present were members: Chairman Todd Brognano, Member -at -Large; Mr. Patrick Grall, District 1 Appointee; Mr. Chip Landers, District 3 Appointee; Ms. Angela Waldrop, District 5 Appointee; Mr. Jordan Stewart, Member -at -Large; and ivis. i en tsarenDOrg, non-voting 3cnooi tsoara Liaison. Vice Chairman Dr. Jonathan Day, District 4 Appointee; and Mr. Alan Polackwich Sr., District 2 Appointee, were absent. Alen nracant iniac IRC: Onff- AAr Rill nARraai npniity r.niinty Attnrnay• 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. fail to t1rriear and Plarinea of Allaniant" Chairman Brognano called the meeting 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 Mr. Jordan Stewart, SECONDED BY Mr f:hin 1 and arc thea mamharc vntari iinnnimmialiv (5-0) to approve the minutes of the January 24, 2019 meeting as presented. Item Not on Consent k,nairman tsrognano reaa the roiiowmg into the recoro: A. Harbor Bluffs: Request for conceptual site plan and administrative permit use approval for a 624 -unit multi -family residential project to be known as Harbor Bluffs. The Virginia W. Russell Family Limited PZC/Approved 1 March 28, 2019 F:\BCC\All Committees\P&Z\2019—AGENDAS & MINUTES\PZC 032819.doc 82.50 Partnership and Segment Markets 85, Inc.'s, Owners. Masteller & Moler, Inc., Agent. Zoning: MED, Medical. Land Use: C/1, Commercial/Industrial. Density: 7.75 units per acre. (SP -CP -18-06-15 / vvu4uz'lu-o'Iste/ iwuasi-juaiciaij Chairman Brognano asked the Commissioners to reveal any . ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication. Chairman Brognano opened the Quasi -Judicial hearing and 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 conceptual site plan and administrative permit use approval and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that �i is vvri n u��iv� ici 1 c%,v11 u 1 ici iu 010" 1L;1K; uvai u vi vvui 1 Ly vv11 u 1 u0aivi ici o approve the request for conceptual. site plan and administrative permit use approval for Harbor Bluffs with the conditions listed in staffs report. Applicant Mr. Steve Moler, representing Masteller & Moler, Inc., offered to answer questions regaraing aetaiis of the proposea project. Discussion followed with the Commissioners seeking clarification of the project from Mr. Ryan Sweeney and Mr. Stan Boling, Community Development Director. ON MOTION BY Mr. Jordan Stewart, SECONDED BY Ms. Angela Waldrop, the members voted unanimously (5-0) to approve staff recommendations on this Quasi -Judicial matter. Commissioner's Matters There were none. roannonq matters Mr. Stan Boling updated the Commissioners regarding recent cases that they recommended that the BCC approve and stated that it was unlikely that PZC/Approved 2 March 28, 2019 F:\BCC\AII Committees\P&Z\2019—AGENDAS & MINUTES\PZC 032819.doc "--/, •51 there would be a meeting on April 11th but there will be public hearings for the April 25th meeting. P%LLV11IGY 0 IVIQLLW9* There were none. Adjournment There being no further business, the meeting adjourned at 8:15 p.m. PZC/Approved 3 March 28, 2019 F:\BCC\AII Committees\P&Z\2019—AGENDAS & MINUTES\PZC 032819.doc 82.5 2 CONGESTION MANAGEMENT PROCESS (CMP) 2009 Plan Update Indian River County Metropolitan Planning Organization r .� r a r 'STC � � _ h !. � I�9i e ��i- :'s•1+. � .� � �`+�t , I ,� r r � ,t __-.� ._ -.f. i � •- ,9 „moi t ^. �h+rr�' s . y-♦ ' ° I ' � � - � i � / .� l: •� � +_" 5� .4a ` �1 amt � �iFw. ._..-.t '�• ��� J � "'Pry . , r]` -'i : a t T � '� , � 1 1 • � �A �� .iii �� � 1 _ Y.,+ ♦ `f1- -t ' ,.y aiw 5 �. �.1 a f � *� j -r • �. itbiA { '� ty 'itR ir '. i t+'•t� Asi c41i !, •,~ _`(. ,,j. ���t ` '�,. r.+ Ur ,r Y,p 'R'� ` XT Y �, Xf~ ' * r. f`. `j i k - a.?y� atC• l,r�_ , �' "I"►Rr 'v v Jr � �' ` ::^�I y1'j�J'44' :t •,D { }i't+ r bre •..�" .. �'. � r � ST. MV �q •f hf ^i.� IG"t- � r'•1 '1-V I - �A 1..• !'•"t^�� LJL+,` rte. .S`+'AL1 •Ftw` .ret:,.=•r..`�?2"! .t7�' .1 ViT 'M.� r + f ` fes_ „ y�' _ i •r ! '• rI .]'w* ' .� • - f L A s �I�Fi ' 1 i sr 'r.f �,.' `) . S j ti- ,� �'��-�� "�'.*riK � �, ' C, fry ♦I :.. � �� ! �x •�.. +r •1. -__-. � . r J r � � .. sf .ate 1 WHAT'S INA PLAN? The MPO's 25 Year Plan By Brian Freeman Brian Freeman is the Staff Director of the Indian River- County Metropolitan Planning Organization. A graduate of Clemson University, Brian has been an Indian River County resident and planner- since 2003. He and his wife, Carolina, have three kids and one dog. Every year people move to Indian River County because of the wonderful quality of life offered here. In addition to the warm weather year-round and the beautiful setting along the Atlantic Ocean and the Indian River Lagoon, residents and visitors also enjoy the stress -free traffic. Over the next 25 years, the population of Indian River County is expected to grow by another 50,000 year-round residents (plus the seasonal residents who migrate here every winter). The above shot is of I95 in Indian River County and the Trans Florida Central Railroad Trail, a project spearheaded by the MPO. Check out the article on this trail in the December 2018 News Magazine on our website, indianriverna.com for more informatiuon. IRNA NEWS MAGAZINE - 6 Identifying the transportation improvements that will be needed over the next 25 years to maintain the uncongested roads that we enjoy today is one of the primary tasks of the Indian River County Metropolitan Planning Organization (MPO). "Connecting IRC" is the theme of the MPO's 2045 Long Range Transportation Plan. One of the goals of the 2045 plan is "providing an efficient transportation system that is connected,, responsive, aesthetically pleasing, and meets the needs of all users:' Improvements to many "connections" are identified in the plan, and several of these will be under construction in the next few years. First is the next phase of the 66th Avenue widening. Once complete, 66th Avenue will provide a four -lane connection from CR 510 in northern Indian River County to SR 60 by Indian River. Mall. Within the next five years, construction will begin on widening CR 510 (to a four - lane road from CR 512 to US 1) and the new 1-95 interchange at Oslo Road. Following those projects are improvements to Oslo Road, US 1, and 82nd Avenue. Improving connections to the Cleveland_ Clinic hospital are also envisioned by the plan. Aviation Blvd. will be extended east 82 "5.3 of US 1 and north to 37th Street by the hospital. A majority of the county's population lives west of the _ railroad. An Aviation Blvd. overpass at the railroad and US 1 will provide a connection to the hospital that_ e tra Whether forecasting the weather or how your favorite sports team will perform, predicting the future always includes a degree of uncertainty. Transportation is no different. Advances continue in the development of self -driving cars (or autonomous vehicles); perhaps, by 2045, a majority of cars on the road will actually drive themselves. A shift towards telecommuting occurred during the pandemic. While many workers have resumed commuting to work, some companies (especially tech companies) are .making the transition to telecommuting permanent. Changes in technology sometimes happen rapidly (such as with the smartphone). Luckily, the long range transportation plan is updated every five years, and planning for the year 2050 is just around the corner. For more information on the Indian River County MPO and the 2045 Long Range Transportation Plan, please visit the MPO's website aty�,y_N.,ix ►j , coo, . o The Main Transit Hub for the GoLine public transportation systenr is located. on 16th Street in Vero Beach. On a ypica.l weekday, about 900 passengers make connections between the seven. GoLi,n.e routes serving the hub. (Photo courtesy of the Senior Resource Association.) The Metropolitan Planning Organization (MPO) is the principal transportation agency for Indian River County and the cities of Vero Beach, Sebastian, Indian River Shores, Fellsmere, and Orchid. In addition to the long range plan, the MPO also prepares bicycle/pedestrian plans, greenways plans, transit development plans, and a five-year Transportation Improvement Program (TIP). For more information on the MPO's plans and programs, please visit the MPO's website at www impQ _coni. The MPO also publishes a monthly newsletter known as The MPOverview. To receive The MPOverview in your inbox, please visit the MPO's website and click on "Sign up for MPO updates!" Or contact the MPO at Q@b:Cg0_y._C0M. 7 - IRNA NEWSMAGAZINE MINUTES BOARD OF TRUSTEES INDIAN RIVER COUNTY HOSPITAL DISTRICT Regular Monthly Meeting Minutes April 19, 2018 5:00 PM TRUSTEES: Marybeth Cunningham; Allen Jones; Ann Marie McCrystal; Dr. Michael Weiss; Karen Deigl; Tracey Lockwood Zudans; Barbara Bodnar STAFF: Jennifer Frederick; Kate Voss; Jennifer Peshke, Esq. OTHER ATTENDEES: Jason Carey; Angela Dickens; Brett Hall; Stan Boling; Phil Matson; Rick Van Lith; Miranda Hawker; Kathy Orton; Vicki Soule; Val Zudans Convene Meeting - Marybeth Cunningham, Chairwoman IRCHD Mrs. Cunningham convened the regular monthly meeting of the IRCHD at 5:00 PM by welcoming those in attendance. Senior Pastor Jim Gallagher, of The Calvary Chapel of Vero Beach, provided the Invocation and Dr. Weiss led the group in the Pledge of Allegiance. Consent Agenda- Marybeth Cunningham, Chairwoman IRCHD Mrs. Cunningham asked for a motion to approve the Chairman's meeting minutes dated March 14, regular monthly meeting minutes dated March 15, and an April disbursement of $1,431,902.54. Ms. Deigl made the motion, which was seconded by Mrs. Bodnar. The motion carried unanimously. Mrs. Cunningham provided an update concerning the Partnership process with Cleveland Clinic. She explained that currently the attorneys for all parties are conducting their due diligence and have collected data from the last 30 years concerning the hospital and the District. The parties continue to move forward in this process and they are committed to the deal. do— PRIORITY CORRIDOR 2 Indian River Boulevard from 4"' Street to 37th Street137th Street from Indian River Boulevard to US 1 Virtually all of Indian River Boulevard south of 37th Street is identified as a priority corridor in the CMP screening process. This corridor is a four -lane divided roadway with several high-volume signalized intersections and a frontage road (Vero Isles Drive) providing access to a nearby residential neighborhood. The corridor is illustrated in Figure 3. Recommended strategies to improve the operation of this corridor are provided below: ■ 37th Street and Indian River Boulevard --- add northbound left turn lane (dual lefts) on Indian Kiverboulevara approaching 'jitn"btri52t, aiso aaa curbea isiana i ranascaping in the center of the intersection to assist motorists in making eastbound -to -northbound left turns from 37th Street onto Indian River Boulevard. ■ Indian River Boulevard, 17th Street to 21St Street --- connect 5th Avenue from the Miracle Mile Shopping Center northbound to Royal Palm Boulevard. This will provide a northbound exit from the Fresh Market Plaza which, in turn, provides an additional north - south network alternative to Indian River Boulevard. The project will reduce traffic on eastbound 21St Street thereby relieving the 21St Street/Indian River Boulevard Intersection. ■ Indian River Boulevard, 17th Street to 4th Street --- nearly 2% of all trips on the Merrill Barber Bridge are made by transit or non -motorized transportation. Implement a new transit route on 17tt' Street, connecting the South Beach area of Vero Beach to the South Indian River Boulevard corridor. -t0- October 2009 Em IRMC, Inc. Monthly Report- Journey to Excellence Project Update- Jason Carey, VP Mr. Carey provided an update concerning the Journey to Excellence project at IRMC. The focus of the project is on process of improvement through elimination of waste and creating a standard of work to facilitate patient centered care. Mr. Carey's team works under the guidance of the Executive Guiding Team with a goal of bridging gap between administration and frontline caregivers with process improvement. He explained that through this initiative they have provided guidance, coaching and the tools necessary for caregivers to participate and problem solve in a centergistic approach to patient care. The initial value stream selected for improvement was the optimization of nursing work flow, to allow for a greater percentage of nursing time to be centered on direct patient care. IRMC Chief Nursing Officer Linda Walton sponsored the first value stream and provided her support with its success. Mr. Carey explained that two weeks ago they gathered 10 caregivers at IRMC and two patient representatives for the first rapid process improvement workshop. The workshop topic was nurse to nurse communication and the event was a great success. He introduced Ms. Crystal Golightly, nurse manager at IRMC, who served a process owner for the workshop. She discussed the initiatives from the workshop which have been implemented into the patient rooms. Additionally, Ms. Paula Anderson Finley, an active volunteer in the IRMC patient and family engagement committee spoke in support of this initiative and the positive outcomes that have evolved from their efforts. New Business- Proposed Aviation Blvd. Extension- Phil Matson & Stan Boling ��v�� Mr. Stan Boling, planning director at the Indian River County Commission provided a review of the proposed Aviation Blvd. extension. The extension is intended is to provide an alternative route to 37th street due to increased traffic on the road. He explained that 37th street is the main area in Vero Beach for medical care and that during peak hours of 8:00 AM- 6:00 PM, the capacity is 880 cars. Currently, 700 cars utilize the road during those hours. Mr. Boling explained that this road is - _anticipated to greatly exceed capacity by 2040 .He reviewed alternative routes and models that the county has developed with the Trustees. The county believes that this extension would also add an advantage of reducing traffic on US 1. Currently they are in the development stages of this proposal and have reached out to the V2 -5? main surrounding property owners, which include the District. There was further Trustee discussion and Mr. Boling indicated that he and Mr. Matson would remain in contact with the District regarding any future developments. Public Comment - Val Zudans, M.D. community member stated that as a local physician he sees patients and colleagues throughout the week and many have provided positive feedback concerning the partnership with Cleveland Clinic. However, some local physicians have shared their anxiety with him concerning the process. He feels that since the deal is not complete there is still a sense of the unknown which can cause concern. Some physicians have concerns regarding their own practices and how the partnership will affect their livelihood and if they will be able to continue to practice, as they are today. Some physicians feel that they have not been given an opportunity to participate, provide feedback or better understand the process. Dr. Zudans encouraged the Trustees to contact community members like the president of the local medical society and the former chief of staff at IRMC for their opinion and recommendations. Additionally, he feels that the District has an obligation to inform the public about the terms of the lease and he does not feel that has been adequately portrayed. Many are concerned that specialty services such as OBGYN, behavioral health and pediatrics may be discontinued. He believes it is the District's responsibility, not the hospital, to make sure those services are included in the final lease agreement. The District must also look at the potential financial impact this deal will have on the community and whether Cleveland Clinic be paying rent to lease the facilities and at what rate. He further believes they have a responsibly to support indigent care, as they had stated they would do during their initial pitch. Adjourn- The meeting was adjourned at 6:30 PM 2" -Du g vistrict counsel Keport- Jenrnter NesnKe, tsq. Mrs. Peshke provided her District Counsel Report and stated that she has been working with the attorneys in the due diligence process concerning the partnership with Cleveland Clinic. Additionally, she is working with District staff on the upcoming budget cycle concerning the funded agency requests for fiscal year 2018-2019. Financial Statement Review- Allen Jones, Treasurer Mr. Jones provided the Treasurers report and stated that the District currently remains in sound financial condition. He explained that should the District's spending rate continue at its current volume, it could require utilization of the reserve funds that have been set aside for other purposes. In doing this, it could negatively affect the next fiscal year's millage rate, to make up for any drawdown of those reserves. Further, Mr. Jones stated that through March 31, the District's bank deposits totaled approximately $10.6 million and $2.5 million of those funds represent reserves. After allocating the payment of $1.4 million for this month's distributions, the operating account will drop to approximately $6.6 million. The District is projected to receive an additional $900,000 in tax revenues for the remainder of the fiscal year, which would bring the operating account up to $7.5 million. Mr. Jones explained that program expenses, District administrative expenses, and the additional expenses associated with the partnership process and repairs to the HSB are expected to require around $7.9 million. Therefore, the District may need to utilize some of its reserve funding. Thus far, the District has paid approximately $400,000 in expenses for the partnership process and the total budget set aside for this purpose is $1,000,000. Mr. Jones stated that extensive legal work is being undertaken and it is possible that total cost will exceed the budgeted amount. He explained that he is providing this information to the Trustees so they are aware that this year's budget may turn out to be tighter than previous years. Additionally, IRMC has experienced an increase in volumes of indigent patients. For the first six months of this fiscal year, indigent outpatient volumes are up 7.5% and the more expensive inpatient � 2, . volumes are up jumjro. however, mere are inaicavons mese increases may moderate and there may be some reversals of charges in the District's favor, over the next coming months. Mr. Jones recommends until these reversals actually materialize, the District should avoid approving new spending, if it is not currently in the budget. Funded Agency Quarterly Report- Brett Hall, Executive Director McCabe Connections Center & Mental Health Collaborative Mr. Hall provided a quarterly update concerning the McCabe Connections Center. He discussed their collaboration with the Indian River County Mental Health Court which is under the supervision of Judge Cox and Sherriff Loar. The program is now serving 110 participants and is designed to get those with mental health issues out of jail and into treatment. The program just completed a review of 100 patients that participated in the program. They ran their participants arrest records from the(year prior to their participation in the program and the group had a combined total of 387 arrests. Subsequently, they took the same group of people and reviewed their arrest records a year after their participation in mental health court program and found that there were only 8 re -arrests. Mr. Hall explained that the McCabe Connection Center just celebrated their one year anniversary since opening and provided services to 1300 community members. Additionally, the center has helped expand the guardian advocates program by recruiting additional volunteer guardians. The program provides guardianship over individuals who have been deemed by a judge as incapable to manager their own personal affairs. Further they are working with County Commissioner Mr. O'Bryan and a local land developer, to help with a housing initiative. He explained finding affordable housing is a challenge for many who struggle in the community. Lastly, Mr. Hall explained that there is a large substance abuse issue in Indian River County and there are few resources for advanced therapy. The Connections Center, along with other health agencies in the community, are looking to provide those services and offer free depression screenings. Mrs. McCrystal suggested that the center utilize the VNA mobile unit to provide depression screenings, in different areas of the county. Mr. Hall said that he is currently working with VNA on that matter. 04j. This property proposed for Rezoning to PD (Planned Development) & Conceptual'M Atmage: 78.29 Acres ,-and Use: CA, Commercial/Industrial Zoning: MED; Medical Proposed Zoning Use: PD, Planned DevclQpmSin Fami, y I ' and %le Multi -Family The Board of Pub,lic`He,-triDg vvill be held in the -C61 Iy Commission Clmibci, located N -61nis�tn -at 1801 '2-11h'Stiteff�\FM4BMt-11,4 di ition Conipkx- For information, please call the HRC Planning and nt-a 22 1?42. 6(2,0 Indian River County, Florida Department of Utility Services Board Memorandum Date: November 17, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John Boyer, PE, Utility Engineer Subject:. Shadow Brook Subdivision Water Assessment Project Resolution III: Public Hearing and Utility Easement Background On October 20, 2020, the Indian River County Board of County Commissioners (BCC) approved the adoption of Resolution 1 (2020-091) and Resolution II (2020-092) for a special assessment in connection with a water main extension from 58th Avenue to 34th Street, including 58th Court and 34th Lane within Shadow Brook Subdivision and certain properties abutting 34th Street, 58th Court and 34th Lane, located within unincorporated Indian River County. Analysis Shadow Brook Subdivision has twenty-four (24) residential lots per Plat Book 09 Page 17, although lots 1-7, 18 and 21 have been removed from the water assessment byway of not benefitting from the proposed water main extension or already being connected to the County water distribution system off of 58th Avenue or 33rd Street (Attachment 1—Assessment Area Map)..Therefore, the total number of parcels in the assessment area is fifteen (15) with two (2) of the lots having signed a temporary water service agreement. which requires them to participate in a water assessment if one occurs. Since the adoption of Resolutions I and II, staff mailed out letters to the fifteen (15) benefitting parcels notifying them of the preliminary assessment roll and the subject public hearing. The total project cost is estimated at $126,000.00, which includes construction, surveying, engineering, administration. and inspection. Therefore, an equal per parcel cost of $8,400.00 will be levied against all fifteen (15) benefitting parcels. The design is now complete, and a Florida Department of Environmental Protection (FDEP) permit is forthcoming. The BCC, in its capacity to oversee the assessment process, shall meet as the equalizing board to hear and consider any and all support for, or complaints against, proposed special assessments, and it shall adjust and equalize the special assessments on the basis of justice and right according to Chapter 206 (Special Assessments) of the Indian River County (Attachment 2 — Resolution III and Assessment Roll). The Certificate of Dedication within the plat of Shadow Brook Subdivision states that all streets and easements are dedicated for the use of the property owners in the subdivision with the full knowledge that 83 the same are not dedicated to the public until there is a formal acceptance of these streets, and/or easements, or any part thereof by the County. Therefore, as part of the subject item, a Resolution has been prepared for the County to formally accept an easement over, across, and under the 50 -foot private road known as 34th Lane, 58th Court (Shadow Brook Lane) and 34th Street for the sole purpose of public utilities, but not to accept the street as a public street or for maintenance of the street. (Attachment 3 -Easement Resolution) Funding Funds for this project are derived from the Assessment Fund. Assessment fund revenues are generated from assessment fees paid by the benefitting property owners. DESCRIPTION ACCOUNT NUMBER AMOUNT Shadow Brook Subdivision Water 473-169000-20529 $ 126,000.00 Assessment Recommendation Open the public hearing and, after receiving input, consider adopting Resolution No. III with any revisions based on that public input, and accept an easement for utility purposes. List of attachments 1. Assessment Area Map Confirming 2. Resolution: Resolution No. III w/ Assessment Roll - Exhibit A 3. Resolution: Utility Easement PROPOSED WATER ASSESSMENT AREA Attachment 1 N WITHIN A PORTION OF SHADOW BROOK SUBDIVISION IN INDIAN RIVER COUNTY 5860 5850 Not Included 34TH LN 34TH LN 5840 5870 34TH LN 34TH LN -34th-L--ane 5865 5845 3426 Not Included 34TH LN 34TH LN 58TH CT d Q Lot 3425 °0 58TH CT Not Included 5860 34TH ST 5850 34TH ST 34th Street 5875 34th Street 34TH ST Not Included 5845 34TH ST 5835 5865 5855 34TH ST 34TH ST 34TH ST Not Included Not Included Not Included Not Included Not Included Not Included - 33rd -Street _. 5 Public Hearing (Third Resolution) RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF.000NTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION FROM 581th AVENUE TO 34TH STREET, INCLUDING 58TH COURT AND 34T" LANE WITHIN SHADOW BROOK SUBDIVISION AND CERTAIN SPECIALLY BENEFITED PROPERTIES ABUTTING 34TH STREET, 58TH COURT AND 34TH LANE, LOCATED WITHIN UNINCORPORATED, INDIAN RIVER COUNTY, FLORIDA; AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County ("Board") has, by Resolution No. 2020-091 adopted on October 20, 2020, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") from 58th Avenue to 34th Street, including 58th Court and 341 Lane within Shadow Brook Subdivision and certain specially benefited properties abutting 34th Street, 581h Court and 34th Lane, located within unincorporated, Indian River County, Florida ("the Assessment Area"); and WHEREAS, Resolution No. 2020-091 described the method of assessing the cost of the Assessment Project against the specially benefited properties in the Assessment Area and how the special assessments imposed on the specially benefited properties in the Assessment Area are to be paid; and WHEREAS, Resolution No. 2020-091 was published in the Indian River Press Journal on November 17, 2020, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2020-092, adopted by the Board on October 20, 2020, set a time and place for a public hearing at which the owners of the specially benefited properties in the Assessment Area to be assessed for the Assessment Project and other interested persons would have the chance to be heard as to the propriety and advisability of making the improvements, if not already made, the cost thereof, the manner of payment therefor and the amount to be assessed against each property, and for the Board to act as required by Section 206.07,.Indian River County Code; and WHEREAS, notice of the. time and place of the public hearing was published in the Indian River Press Journal on November 17, 2020 and on December 1, 2020 (at least twice, one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices on October 20, 2020 (at least ten days prior to the hearing), as required by Section 206,06, Indian River County Code; and WHEREAS, the Board, on Tuesday, December 8, 2020, at 9:05 a.m. (or as soon thereafter as the public hearing was heard) conducted the public hearing with regard to the special assessments; :i NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments imposed for the Assessment Project against the specially benefited properties in the Assessment Area shown on the assessment roll attached hereto as Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and shall remain legal, valid, and binding first liens upon and against the specially benefited properties shown on. attached Exhibit "A" until paid in full. The.special assessments for the Assessment Project shall constitute a lien against the specially assessed property in the Assessment Area equal in rank and dignity with the liens of all state, county, district or municipal taxes, and other non -ad valorem assessments. Except as otherwise provided by law, such special assessment lien shall be superior in dignity to all other liens, titles and claims, until paid. The special assessment lien shall be deemed perfected upon adoption by the Board of this Resolution and recordation of this Resolution in the Official Records of the County maintained by the Clerk of Indian River County. Such recordation shall constitute prima facie evidence of the validity of the special assessments imposed for the Assessment Project in the Assessment Area. The special assessment imposed per parcel is in the amount of $8,400.00, and shall be due and payable and may be paid in full without interest within 90 days after the date of the passage of the as -built resolution by the Board. The as -built resolution occurs after completion of the improvements. If not paid in full within the 90 -day period from the passage of the as -built resolution, then the special assessment may be paid in ten equal yearly installments of principal plus interest; said interest rate to be determined by the Board when the improvements are completed. 4. The Board hereby finds and determines that the special assessments imposed in accordance with this Resolution and Resolution Nos. 2020-091 and 2020-092 provide an equitable method of funding the construction of the Assessment Project based upon the current uses, sizes, zoning and development potential of the parcels which are equally benefited by the provision of water, and thus the allocation of the assessment will be equal per parcel as described in Resolution No. 2020-091. The Board hereby finds and determines that the properties assessed by this Resolution will receive special benefits equal to or greater than the cost of the special assessment. 87 The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan. Commissioner Susan Adams Commissioner Laura Moss Commissioner Joe Earman The Chairman thereupon declared the resolution duly passed and adopted this 8th day of December, 2020. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Parcel # 32393200010000000008.0 Assessment= $8,400.00 Owner WILLOBY, JAMES ANDREW Secondary Owner WILLOBY, ALISA Mailing Address 5835 34TH STREET VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 8 & TRACT A PBI 9-17 Date Revised Site Address 5835 34TH ST 11/20/2020 Parcel # 32393200010000000009.0 Assessment= $8,400.00 Owner LEWIS, JESSE E Secondary Owner Mailing Address 5845 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 9 PBI 9-17 Date Revised Site Address 5845 34TH ST 11/20/2020 Parcel # 32393200010000000010.0 Assessment= $8,400.00 Owner GADD, WILLIAM G & DOROTHY R Secondary Owner Mailing Address 5855 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION PBI 9-17 LOT 10 LESS AND EXCEPT THE FOLLOWING: BEG AT A POINT ON THE N LINE OF LOT 10 AND 107.64 FT W OF THE NE COR OF LOT 10; TH RUN 5 49 DEG 28 MIN 09 SEC W A DIS OF 76.18 FTTO THE E LINE OF SAID LOT 11 TH RUN N ALONG THE E LINE A DIS OF 40 FTTH RUN N 68 DEG 13 MIN 29 SEC E A DIS OF 24.47 FT TO THE N LINE OF LOT 11 TH RUN E ALONG THE N LINE OF LOT 10 A DIS OF 35 FT TO THE POB Date Revised Site Address 5855 34TH ST 11/20/2020 Page 1 89 Parcel # 32393200010000000010.1 Assessment= $8,400.00 Owner HATALA, LEONARD J (TR) (1/2) (TOK) Secondary Owner HATALA, CONSTANCE C (TR) (1/2) (TOK) Mailing Address 5865 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 PART OF LOT 10DESCIN0 R BK 568 PP 1162 & ALL LOT 11 Date Revised Site Address 5865 34TH ST 11/20/2020 Parcel # 32393200010000000012.0 Assessment= $8,400.00 Owner JAKUBOWICZ, STANLEY MARK & BOBBI JO Secondary Owner Mailing Address 5875 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 12 PBI 9-17 Date Revised Site Address 5875 34TH ST 11/20/2020 Parcel # 32393200010000000013.0 Assessment= $8,400.00 Owner CHERRY, LARRY LAVERNE Secondary Owner Mailing Address 5860 34TH ST VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 13 PBI 9-17 Date Revised Site Address 5860 34TH ST 11/20/2020 Page 2 90 Parcel # 32393200010000000014.0 Assessment= $8,400.00 Owner YOUNG, THOMAS R & JULIANA K Secondary Owner Mailing Address 5865 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 LOT 14 LESS PARCEL DESC IN OR BK 560 PP 2181 Date Revised Site Address 5865 34TH LN 11/20/2020 Parcel # 32393200010000000014.1 Assessment= $8,400.00 Owner TAYLOR, JANICE L Secondary Owner WEBER, ROBERT B Mailing Address 2617 NE 11TH CT FORT LAUDERDALE FL 33304 Legal SHADOW BROOK SUB PBI 9-17 THAT PART OF LOT 15 DESC AS FOLLS: BEG AT THE NW COROF SAID LOT 15; TH RUN E ALONG THE N LINEA DIST OF 42.48 FT; TH WITH A DEFLECTED ANGLE OF 45 DEG 56 MIN 10 SEC TO THE R IGHT RUN A DIST OF 316.75 FEET; TH RUN ALONG THE ARC OF A CURVE, BEING CONCAVE TO THE SE, HAVING A RAD OF 40 FT, A DIST OF 99.31 FT; FEET, TH RUN ALONG THE ARC OF TH RUN SW'LY TO THE SW COROF SAID LOT 15 A DIST OF 193.90 FT; TH RUN N ALONG THE W LINE OF LOT 15 A DIST 0 F 265.00 FT TO THE POB; TOG WITH THAT PART OF LOT 14 BEING MORE PART DESC AS FOLLS: BEG AT THE NW COR OF LOT 14, SHADOW BROOK SUB; TH RUN S ALONG THE W LINE OFSAID LOT 14 A DIST OF 13.00 FT TH WITHA DEFLECTED ANGLE OF 88 DEG 57 MIN 55 SE C TO THE LEFT RUN 206.58 FT TO A PT ON ACURVE HAVING A RAD OF 40 FT AND CONCAVETO THE NE; TH RUN ALONG THE ARC OF SAID CURVE A DIST OF 31.00 FT TO THE NE COROF SAID LOT 14; TH RUN W ALONG THE N LINE OF LOT 14 A DIST OF 193.90 FT TO THE P OB." Date Revised Site Address 587034TH LN 11/20/2020 Parcel # 32393200010000000015.0 Assessment= $8,400.00 Owner MEDLOCK, JAMES E & KATHY B Secondary Owner Mailing Address 5860 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION SHADOW BROOK SUB PBI 9-17 LOT 15 LESS PARCEL DESC IN OR BK 560 PP 2186 & W 24.43 FT OF LOT 16 Date Revised Site Address 5860 34TH LN 11/20/2020 Page 3 91 Parcel # 32393200010000000016.0 Assessment= $8,400.00 Owner 5850 34TH LN, LLC Secondary Owner Mailing Address 925 12TH STREET VERO BEACH FL 32960 Legal SHADOW BROOK SUBDIVISION LOT 16 LESS W 24.43 FT PBI 9-17 Date Revised Site Address 5850 34TH LN 11/20/2020 Parcel # 32393200010000000017.0 Assessment= $8,400.00 Owner LOPEZ, AMILCAR & SUSAN Secondary Owner Mailing Address 5840 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 17 PBI 9-17 Date Revised Site Address 5840 34TH LN 11/20/2020 Parcel # 32393200010000000020.0 Assessment= $8,400.00 Owner TODD, RICHARD C 1R Secondary Owner Mailing Address 9696 MIDDLE FORD RD BLOWING ROCK NC 28605 Legal SHADOW BROOK SUBDIVISION LOT 20 PBI 9-17 Date Revised Site Address 3426 58TH CT 11/20/2020 Page 4 92 Parcel # 32393200010000000022.0 Assessment= $8,400.00. Owner MCCORMICK, FRANK G & MAUREEN M Secondary Owner Mailing Address 5845 34TH LN VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 22 PBI 9-17 Date Revised Site Address 5845 34TH LN 11/20/2020 Parcel # 32393200010000000023.0 Assessment= $8,400.00 Owner THOREN, MARC R & BARBARA Secondary Owner Mailing Address 3425 58TH CT VERO BEACH FL 32966 Legal SHADOW BROOK SUBDIVISION LOT 23 PBI 9-17 Date Revised Site Address 3425 58TH CT 11/20/2020 Parcel # 32393200010000000024.0 Assessment= $8,400.00 Owner THELK, LOUIS J (TR) & WINIFRED B (TR) Secondary Owner Mailing Address PO BOX 2914 VERO BEACH FL 32961 Legal SHADOW BROOK SUBDIVISION LOT 24 PBI 9-17 Date Revised Site Address 5850 34TH ST 11/20/2020 Page 5 93 RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY ACCEPTING AN EASEMENT FOR UTILITY PURPOSES ONLY, OVER, ACROSS AND UNDER THE PRIVATE ROAD RIGHT-OF-WAY OF 341h STREET, 58TH COURT AND 34TH LANE, LOCATED IN SHADOW BROOK SUBDIVISION IN UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA. WHEREAS, by Confirming Resolution No. 2020- , the Board of County Commissioners approved a special assessment project for a water main extension to be constructed from 58th Avenue to 34th Street, including 58th Court and 34th Lane within Shadow Brook Subdivision; and WHEREAS, the water main extension is to be constructed within the private roadway labeled as Shadow Brook Lane on the plat of Shadow Brook Subdivision, now known as 34th Street, 58th Court and 34th Lane; and WHEREAS, in order for Indian River County to construct and maintain the water main extension within the private roadway, it is necessary for Indian River County to have an easement within the private roadway; and WHEREAS, the plat of Shadow Brook Subdivision, recorded in Plat Book 9, Page 17, has specific dedication language that all streets and easements are for the use of the property owners in the subdivision, with -the full knowledge that the same are not dedicated to the public until there is a formal acceptance of these streets and/or easements, or any part thereof, by the County; and 94 RESOLUTION NO. 2020 - WHEREAS, it is the desire of the Board of County Commissioners to only formally accept an easement for. utility purposes over, across and under 34th Street, 58th Court and 34th Lane within Shadow Brook Subdivision :and it is not the intention of the Board of County Commissioners to accept the roadway as public, nor the maintenance of said roadway, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The Board of County Commissioners of Indian River County, Florida expressly and formally accepts an easement for utility purposes only, over, across and under the private roadway labeled as Shadow Brook Lane on the plat of Shadow Brook Subdivision, as recorded in Plat Book 9, Page 17 of the Public Records of Indian River County, Florida, said roadway now known as 34th Street, 58th Court and 34th Lane. 2. The Board of County Commissioners of Indian River County, Florida does not accept the roadway as a public road nor the maintenance for the road. This resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner I, and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Laura Moss Commissioner Joe Earman The Chairman thereupon declared the resolution duly passed and adopted this 8th day of December, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold County Attorney Joseph E. Flescher, Chairman Mi 10.A.2. 12/08/2020 i Shadowbrook Subdivision ; Water Main Assessment Resolution III Public Hearing i How We Got Here December 08, 2020 ► Initial request to evaluate the feasibility of County water received February 2020 ► BCC authorized staff to start design July 7, 2020 ► October 20, 2020, BCC approved Resolution I — Providing and Resolution II —Time and Place of Public Hearing ► December 8, 2020, Public Hearing NMI qo — 1 Estimated Costs Subtotal Construction Cost Estimate Engineering 8 Administration TOTAL PROJECT COST ESTIMATE Number of Parcels Cost per Parcel, based on Construction Cost $113,400.00 S 12.600.00 $126,000.00 $ 8,400.00 Shadowbrook S/D Estimated Water Cost ► Financing Charges based on the current rate of 4.75% ► Fixed Principal Payment Loan l�.!1.]lS VtlRa rilli`.L:�.'.1 VL_tf G3.'J tl.: ClJ�7 i::iLlll�� � 11.:tI � LI�:UC3 _ - Assessment cost per parcel at $8,400.00 $10,594.50 (4.75%, 120 mos.) Water impact fee at $1,300.00 $ 1,462.80 (4.75%, 60 mos.) Total cost per customer = $12,057.30 10.A.2. 12/08/2020 mm 10.A.2. 12/08/2020 3 H Nancy Mossali From: Sent: To: Cc: Subject: Attachments: Tracking: Hello! Nancy Mossali Wednesday, November 04, 2020 1:35 PM 'indianriverlegals@tcpalm.com' Dylan Reingold; Susan J. Prado NOTICE OF PUBLIC HEARING for publishing TWICE in the Indian River Press Journal (once on Tuesday, November 17, 2020 and again on Tuesday, December 1, 2020) Shadow Brook. notice of public hearing.docx Recipient 'indianriverlegals@tcpaIm.com' Dylan Reingold Susan J. Prado Delivery Delivered: 11/4/2020 1:35 PM Delivered: 11/4/2020 1:35 PM Read Read: 11/5/2020 8:45 AM Attached is a NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT for publishing in the Indian River Press Journal TWICE: once on Tuesday, November 17, 2020 and again on Tuesday, December 1, 2020. The publication dates cannot change as we have specific timelines per County Code that we have to adhere to. Please send the original proof of publications to the County Attorney's Office at 180127th Street, Vero Beach, FL 32960 (to the attention of Nancy H. Mossali). Additionally, could you please note on our invoice (Shadow Brook) to help us facilitate our prompt handling. Thank you! Nancy H. Mossali Legal Assistant Office of County Attorney INDIAN RIVER COUNTY 180127th Street Vero Beach, FL 32960 (772) 226-1425 nmossali@ircgov.com NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will conduct a Public Hearing to consider approving a special assessment project in connection with a water main extension from 58th Avenue to 34th Street, including 58th Court and 34th Lane, assessing certain benefited properties abutting 34th Street, 58th Court and 34th Lane, within Shadow Brook Subdivision, located within unincorporated Indian River County, Florida. The Public Hearing will be held on Tuesday, December 8, 2020 at 9:05 a.m., or as soon thereafter as the matter may be heard, in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed project. Any proposed documents, including the description of each property to be assessed and the amount to be assessed to each property, may be ascertained by the public during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at either the Office of the Clerk to the Board of County Commissioners, located on the second floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida or the Department of Utility Services, located on the first floor of Building A of the County Administrative Complex. 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 772-226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SUSAN ADAMS, CHAIRMAN IZ1t3(2-0 lh�F x �. ` t 10. . � �' F�1RTC?k1`HE[3�S4�Uf�AY't'*8ET'�rl'+t'3RI4 Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960It �� AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY ATTORNEYS OFFICE 1801 27TH ST VERO BEACH, FL 32960 ATTN NANCY MOSSALI STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk 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. 11/17/2020__ �1 Subscribed and sworn to before on November 17th, 2020 Notary, State of WI, County of Brown TARA MONDLOCH Notary. Public, ;state of Wisconsin My commission expires: August 6, 2021 Publication Cost: $2,126.25 Ad No: GC10528898 Customer No: 461741 PO#: RESOLUTION NO 2020-091 NOV 2 4 2020 CO(JN y ^1CU KNEY'S RESOLUTION NO. 2020-091 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A WATER MAIN EXTENSION FROM 58TH AVENUE TO 34TH STREET, INCLUDING 58TH COURT AND 34TH LANE WITHIN SHADOW BROOK SUBDIVISION AND CERTAIN SPECIALLY BENEFITED PROPERTIES ABUTTING 34TH STREET, 58TH COURT AND 34TH LANE, LOCATED WITHIN UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED. WHEREAS. the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain specially benefited properties to be serviced by a water main extension from 58th Avenue to 34th Street, including 58th Court and 34th Lane within Shadow Brook Subdivision and certain specially benefited properties abutting 34th Street, 58th Court and 34th Lane located within unincorporated, Indian River County, Florida NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a water main shall be extended from 58th Avenue to 34th Street, including 58th Court and 34th Lane located within unincorporated Indian River County, Florida, to specially benefit 15 parcels located within Shadow Brook Subdivision and certain properties abutting 341h Street, 58th Court and 34th Lane ("Improvements"), and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of The Code of Indian River County. 2. As access to water provides an equal benefit to each property served. the assessment will be equal per parcel. 3. The estimated cost for the Improvements is $126,000.00 or $8.400.00 per parcel to be paid by the properties specially benefited as shown on the assessment plat on file with the Department of Utility Services and the Clerk to the Board. Assessments are to be levied against certain lots and lands adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 4. A special assessment in the amount of 58,400.00 per parcel may be assessed against each of the specially'benefited properties designated on the assessment plat on file with the Clerk to the Board. This special assessment may be raised or lowered by action of the Board of County Commissioners serving as the equalizing board at the public hearing, as set forth in Section 206.07 of The Code of Indian River County. 5. The special assessments shall be due and payable and may be paid in full within 90 days atter the date of the as -built resolution of the Board with respect to credits against the special assessments after completion of the Improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the Improvements are completed. 6. There is presently on file with the Department of Utility Services and the Clerk to the Board an assessment plat showing the area to be assessed, plans and specifications for the Improvements and an estimate of the cost of the proposed Improvements. All of these are open to inspection by the public at the Department of Utility Services and the Clerk to the Board. 7. A proposed preliminary assessment roll with respect to the special assessments is on file with the Department of Utility Services and the Clerk to the Board. 8. Upon the adoption of this resolution, the Department of Utility Services shall cause this resolution (along with a map showing the areas to be sewed) to be published at least one time in the Indian River Press Journal before the public hearing as required by Section 206.04 of The Code of Indian River County. The resolution was moved for adoption by Commissioner Joseph Flescher, and the motion was seconded by Commissioner Peter D. O'Bryan and, upon being put to a vote, the vote was as follows: Chairman Susan Adams AYE Vice Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Tim Zom AYE Commissioner Bob Solari ABSENT The Chairman thereupon declared the resolution duly passed and adopted this 20th day of October, 2020. Attest: Jeffrey R. Smith, Clerk of BOARD OF COUNTY COMMISSIONERS Court and Comptroller INDIAN RIVER COUNTY, FLORIDA By: Terri Collins -Lister, Deputy Clerk By: Susan Adams, Chairman Approved as to form and legal sufficiency' By: Dylan Reingold, County Attorney PROPOSED WATER A SSE SSMENT AREA WITHINA PORTION OF SHADOW BROOK SUBDIVt SION IN INDIAN RIVER COUNTY ! \ 5860 5850 Nad Inuded 34TH �\ LN 34TH LN 5840 5870 34Th LN 34TH LN ....._........ 34th�Lane- - Net Induded SBR$ 5845 - 3426 ? 34TH LN 34TH LN o 58TH CT m Q t 3125 n 58TH CT Nd Induded 5860 34TH ST 58'0 t 34TH ST ........ 5875-34th.5treet---' 34TH ST % Nd Included � 5R45 34TH ST 5835 5865 585534TH ST 4TH ST 34THST Not Induded LN.lnd.d,d Nq Indixl J Nd Icduded Nd Induded Rd Included ]l I �....... _ _---.-33rd Street --.... ILo- �,2. T-reasure.Coast Npw,,5 a ers PARTOFTHE USATODAYNETI+ ORO Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY ATTORNEYS OFFIC 1801 27TH ST VERO BEACH, FL 32960-3388 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk 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. 11/17/2020, 12/01/2020 Subscribed and sworn to before on December 1. 2020: Notary, State of WI, County of Brown TARA MONDLOCI-i Notary Public Mate of Wisconsin My commission expires August 6, 2021 Publication Cost: $273.60 Ad No: 0004455353 Customer No: 1310775 PO #: Public hearing # of Affid;;vitsl NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL AS- SESSMENT NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider approving a special assessment project in connection with a water main extension from 58th Avenue to 34th Street, including 58th Court and 34th Lane, assess- ing certain benefited proper- ties abutting 34th Street, 58th Court and 34th Lane, within Shadow Brook Subdivision, lo- cated within unincorporated Indian River County, Florida. The Public Hearing will be held on Tuesday, December 8, 2020 at 9:05 a.m., or as soon thereafter as the matter may be heard, in the County Com- mission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed project. Any proposed documents, in- cluding the description of each property to be assessed and the amount to be as- sessed to each property, may be ascertained by the public during regular business hours (8:30 a.m. to 5:00 p.m., Mon- day through Friday) at either the Office of the Clerk to the Board of County Commission- ers, located on the second floor of Building A of the County Administrative Com- plex, 1801 27th Street, Vero Beach, Florida or the Depart- ment of Utility Services, locat- ed on the first floor of Build- ing A of the County Adminis- trative Complex. Anyone who may wish to ap- peal any decision which may . be made at this meeting will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- ing must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SUSAN ADAMS, CHAIRMAN Pub November 17th & Decem- ber 1st 2020 TCN4455353 17-16[W 10,,A,2-. co�Mr� (17 ?020 I??0?0 OFF Fo RNFY S /add INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may.take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Jacqueline Grady ADDRESS: N/a PHONE: 561-379-9175 1926 4th Ave and Release of Property from Lien. SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? ❑ YES R71 NO The county is required to execute a specific property release document to enable WHAT RESOLUTION ARE YOU closing REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1:1 YES Fv11 NO WHAT FUNDS OR ACTIVITIES ARE A fully execute specific property release REQUIRED TO MEET THIS REQUEST? For IRC Staff only: ransmittedto Administrator Via: ❑ Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Dec 8, 2020 97 "a � INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Molly Klinepeter, Lagoon Plan Environmental Specialist SUBJECT: Research Review Phase of the IRC Lagoon Management Plan: Update 2 DATE: November 24, 2020 BACKGROUND On July 16, 2019, the Indian River County Board of County Commissioners (BCC) adopted an outline for developing the County's Indian River Lagoon Management Plan for our portion of the Indian River Lagoon (Lagoon). Staff was approved to use a multi -phased approach to develop this plan over the timeline identified in Attachment A (Research Plan Timeline). The first phase -was the Research Review Phase, which identified 17 key factors that may be impacting the health of the Lagoon in our area. Staff has been working with numerous departments and stakeholders involved with the Lagoon to gather current scientific and data -based information about these outlined factors. Following collection of this information, staff have been: • consolidating available data • identifying informational gaps • preparing infographics to disseminate information learned Staff is to present four quarterly presentations to the BCC about information collected. This accompanying presentation is to inform the BCC about our findings during this second portion of our research phase which addresses the 5 items identified in the approved timeline, focusing on areas where more information may be needed in order to determine what impacts may be occurring. Supporting research on the summaries presented in this agenda is included as Attachment B to this agenda. DESCRIPTIONS AND CONDITIONS The scheduled topics addressed during the presentation are as follows: 1. Ecosystem Functions and Habitat Use (Part 2) The ecosystems, habitats, and organisms that make up the Indian River Lagoon all play a unique and important role in the health and sustainability of the Lagoon. All of these elements interconnect to create the biodiverse environment of the Lagoon. As human populations continue to grow and expand, this unique environment faces numerous challenges to its long- term sustainability. This update will focus on mangroves, spoil islands and their importance to bird populations, and species of concern within the County's portion of the Lagoon. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@900E27D4\@BC,L@900E27D4.docx 98 Page 2 BCC Agenda Item for December 8, 2020 Update 2 — Research Review Phase of IRL Plan 2. Harmful Algal Blooms The Indian River Lagoon is home to a wide variety of algal communities that exist relatively unnoticed. However, stressors from the environment can trigger the excessive production of algal communities that can release toxins into the waters that may be detrimental to the health of the Lagoon. Some of these stressors stem from increasing nutrients in the water such as nitrogen and phosphorus, changing land use practices, development, and issues related to climate change. Not only do these blooms have the potential to harm communities within the Lagoon's ecosystem, the toxins they can produce also have negative impacts on human health and the economy because of impacts to recreational fishing and tourism. Harmful algal blooms are temporary events, and can occur in saltwater, freshwater, or brackish water bodies. 3. State and Regulatory Review of Rules State and Regulatory Rules play a major role in regulating the levels and sources of nutrients the Lagoon receives from upland sources. Within the County, the Utilities Department and Stormwater Division have to follow various rules and permit conditions to minimize nutrient impacts from their projects, infrastructure, and facilities. These permits may require nutrient information to be collected and submitted on various timescales to permitting agencies. State and Regulatory Rules also play a major role in protecting the biological and ecologically diverse habitats of the Lagoon, attempting to ensure viability for these important organisms and ecosystems to survive. 4. Total Nitrogen and Total Phosphorus Nitrogen and phosphorus concentrations are essential for the Lagoon in order to have a productive and diverse ecosystem. Organisms need these nutrients to survive in their habitats and are required for certain life processes. These two nutrients receive a bad reputation in relation to the Lagoon because although necessary for life, excess amounts of nitrogen and phosphorus can be detrimental to the system and the organisms that call it home. These sources of nutrients stem from point sources, such as permitted discharges, and non -point sources, such as stormwater runoff, groundwater flow, and atmospheric deposition. 5. Land Use Changes (Part 2) In order to develop a parcel of land within the County, various permits and approvals must be obtained from different levels of government (local, water control districts, FDEP, water management districts, etc.). These permits cover numerous topics, but one important topic needing approval is for the management of stormwater as it changes with changing land use. The management of stormwater is important in the Lagoon's watershed to make sure pollutants and excess nutrients have time to filter and settle out of the water before eventually making its way into the Lagoon. The County regulates stormwater runoff through local ordinances and the issuance of stormwater management system permits for construction projects administered through the Public Works Engineering Division, Land Development section. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@900E27D4\@BCL@900E27D4.docx 99 Page 3 BCC Agenda Item for December 8, 2020 Update 2 — Research Review Phase of IRL Plan FUNDING Funding is not necessary for the update of the Research Review Phase. RECOMMENDATION Staff is requesting continued support for the Research Review phase of the Indian River Lagoon Management Plan development. ATTACHMENT A. Research Plan Timeline B. Supporting Research APPROVED AGENDA ITEM FOR: December 8, 2020 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@900E27D4\@BCL@900E27D4.docx 100 M a M _ m a _ E w hA m _ 0 0 to J u cc s 0 , w W c� 21 s a 3 OC s u L N rl O N cu C C A. tw t c Ec c m m 3 CL E O L L E U U V u > (A vOi cLv � UQj S Z) N N m __ m __ c C N N N N J J N cr N 1= Ln y C C Q Cd E E = m N N d' O O C O v v O O +' ca c0 >LL LL -0 'O N E D E D m m N O m m ULn >- 41 >- � O O w c`o c`o Lu 2 2 4— N o c 3°' a, E ami v cc 4+ O N L C C O O O r 41 tC ++ m m O. � aiE N E (D y LL. O m aj N :3 O .O tco Z c N V a c v_ N Y O 675 ai Y m 1•+ v y., m to CL m •m n 0 oC ~ a O cn 0 3 v v L ccl � Lr LLo 3 °. � N E m m m L :3 c o v H LL. by N m m L a� O L L Y N = Z u aci 3 N a, c E E v °' 0 + on o v) � H a L CEI O in cin u U ••a N c CL m _ •N E m c N E v m m O cr im+ 41 O '6 1CC n. vco O y 'O O m O u � �„ U_co LL m cE E E m ai E� oA Q m c _ m m bD (7 y `' +J O p O m `n m a) umCL GJ Q V1 w S 2 2 2 (A V) GJ m ci N M 3 cr rl O Attachment B: Supporting Research November 24, 2020 Research Review Phase of the IRC Lagoon Management Plan: Update 2 1. Ecosystem Functions and Habitat Use (Part 2) The ecosystems, habitats, and organisms that make up the Indian River Lagoon all play a unique and important role in the health and sustainability of the Lagoon. All of these elements interconnect to create the biodiverse environment of the Lagoon. As human populations continue to grow and expand, this unique environment faces numerous challenges to its long-term sustainability. This update will focus on mangroves, spoil islands and their importance to bird populations, and species of concern within the County's portion of the Lagoon. Mangrove fringes along the Lagoon's shoreline are common throughout the County. Studies have shown that mangrove communities support the protection of barrier islands against tidal and wave forces. There are three main types of mangroves: red mangroves, black mangroves, and white mangroves. Red mangroves are typically found growing at or a little above mean sea level, black mangroves are found growing in the upper portions of the intertidal zone, and white mangroves are found growing on higher ground where the soil is seldom flooded. Buttonwood trees are commonly associated as mangroves, but they are not true mangroves. They are often found adjacent to mangroves, and have become the unofficial fourth type of mangrove. Mangroves act as one of the most productive plant communities, supporting high level of animal diversity in a monoculture community. This is due to the complex structures and microhabitats that makeup mangroves. Root structures create nursery and shelter for most of the commercial and recreational fish species in the state. High quality seagrass beds are often found adjacent to mangrove fringes along the shoreline. Mangroves also act as important nutrient sinks in estuaries by removing nutrients from the water, such as nitrogen and phosphorus. Mangroves are susceptible to natural and human -induced impacts. Since the beginning of the 1900's, Florida has lost approximately 125,000 acres of mangrove forest to waterfront development and mosquito impoundments. Cutting mangroves and dredge and fill projects for development severely damage mangrove forests. Another factor is the manipulation of water management practices. Mangroves rely on a mixture of saltwater and freshwater to grow, and alterations in natural freshwater flow regimes affects the salinity balance and encourages exotic vegetation growth. Florida Fish and Wildlife Conservation Commission estimated the Lagoon as a whole has lost 85% of its mangrove forest. However, most of the mangroves that do remain are located within Indian River County. Agencies in the County actively work to purchase Lagoon -front land in order to keep it natural and prevent it from being developed. Unfortunately, due to human waste, mangroves act as traps for trash, monofilament, and other marine debris that can harm wildlife. Education, enforced regulation, and biodegradable options need to occurto placate the impacts of human actions on the success and growth of mangroves. Sea level rise and warming temperatures are other obstacles mangroves must face. Mangroves will shift inland as their habitat changes and depending on the location of development and/or seawalls, may not have room to retreat inland. Major hurricanes also damage mangroves. Mangroves act as a buffer between the water and land and during hurricanes may be sheared by the storm and/or smothered by accumulation of soil or organic matter over the roots. 102 Page 2 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan The County should continue its measures to protect and sustain its mangrove fringed shorelines of the Lagoon through education and following regulation. FDEP regulates the trimming of mangroves. They have mangrove trimming guidance which explains what is allowed without a permit, and anything beyond that requires a permit for major trimming activities, with fines in place for property owners who do not follow these regulations. Residents should continue to be educated on the importance of mangroves not only for the environment, but also for the protection of shorelines and adjacent property. The County should discourage the placement of hardened structures along the Lagoon's shoreline in order to provide these mangroves with areas to encroach on in order to combat rising water levels. The County should also continue to use mangroves in their living shoreline projects as a method of protecting the shoreline, and encourage and educate Lagoon -front homeowners to do the same as well. Mangrove fringes contribute to the uniqueness of the County, and we should continue to set an example for other areas about the benefits of our unique characteristics. Compared to other estuaries around Florida, the Lagoon is also unique because of its spoil islands. Spoil islands were created in the 1940s and 1950s by the dredging of the Intracoastal Waterway (ICW) through the Lagoon. The excess materials dredged, known as spoil, was used to supplement natural islands and/or used to create new islands. These islands created out of "waste" material are now important habitat for native species. The Lagoon has numerous spoil islands in its entirety, most of which are owned by the state and managed by the Indian River Lagoon Aquatic Preserves Office (IRLAP) of the Florida Department of Environmental Protection (FDEP). The County has 104 spoil islands in its portion of the Lagoon. These spoil islands are designated as public or private, and are further designated for conservation or recreational use. Conservation islands are islands with special protection because of the benefits they serve to the conservation of important Lagoon species. Boaters should honor the no access signs posted on these islands. People trampling nests and dogs are major threats for bird populations using these conservation islands. Recreation islands are islands used for human recreation, such as picnicking or camping, and boaters are encouraged to clean up afterthemselves aftervisiting and enjoying these islands in the Lagoon. Spoil islands serve as important ecological communities for the Lagoon. They are utilized by various types of invertebrates, reptiles, birds, and mammals, with a cover of vegetation. Spoil islands also support the majority of bird rookeries in the Lagoon system. Within the County, there are various islands with associated productive bird rookeries. One is located at the mouth of the North Relief Canal, one is located at the mouth of the South Relief Canal, and the others are located within the Pelican Island National Wildlife Refuge. It is believed these are not random selections, and that the mouths of the relief canals provide a source of food for the birds. These rookeries are utilized by different state and federally protected bird species. Bird surveys are conducted by the IRLAP office monthly during breeding season, which ranges from March 1st to August 31St. Surveys continue to confirm the productivity of these two canal -based islands as rookeries. Pelican Island National Wildlife Refuge was established in 1903 with over 10,000 pelicans counted during peak nesting season. To this day, more than a dozen species nest on Pelican Island with approximately 100 nesting pairs of pelicans present. However, spoil islands across the Lagoon are facing numerous threats that are harming bird populations. Spoil islands are prone to erosion because of boat activity and strong storms across the 103 Page 3 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan Lagoon. Islands tend to be erosional on the sides facing the ICW, with accretion occurring on the opposite side of the island. Increasing water levels also contribute to the receding shores of the islands. As water levels rise, low elevation islands become consumed by the water, leaving very little parts, if any, above the water and available for use. Another obstacle to continued productive birding populations is invasive, exotic vegetation. Many spoil islands within the County contain a mixture of native vegetation and invasive vegetation, especially Brazilian pepper and Australian pine. Surveys have shown that most bird species prefer to nest on native vegetation. While some weedy generalist bird species (such as white ibis, cattle egret, and cormorants) will utilize invasive plants for their nesting habitat, this is not typical for the majority of birds found within the Lagoon. As invasive plants outcompete mangroves and other native vegetation on islands, birds will have to find other areas to nest. Nesting areas for these coastal birds have already been constantly changing because of various pressures such as coastal development and food availability. Initially, many of these birds nested on the beach prior to the occurrence of major coastal development. After development, they then moved to the spoil islands of the Lagoon. Recent bird surveys show that these bird populations are now starting to nest on rooftops of businesses and homes because of increased pressures. Loss of habitat and human influences have greatly altered the options for prime nesting habitat for many coastal birds. Finally, monofilament line, primarily used in fishing, is a huge threat to bird populations. Birds can become entangled in the monofilament which prohibits their abilities to fly and eventually leads to a slow death. Within the County, Sebastian Inlet State Park is a very popular fishing area. Surveys have shown that bird deaths related to monofilament entanglement are observed in greater and more frequent quantities on the spoil islands adjacent to the state park when compared with other islands further away. If an angler hooks a bird or a bird becomes entangled in the fishing line, best practices are to reel the bird in an attempt to untangle it instead of cutting the line which will ultimately lead to the bird's death as well as the possibility of other birds to become entangled in the excess line. Anglers are encouraged to utilize Florida Fish and Wildlife Conservation Commission's (FWC) Monofilament Recovery and Recycling Program to discard damaged or used line, which can be found near popular boating and fishing areas on the shoreline of the County. Based on the information above, the County should continue to work with the IRLAP and FWC teams in order to protect spoil islands and the birding populations that utilize them. Education to visitors and boaters to the Lagoon about visiting the spoil islands and the different designations they have would benefit this habitat. Surveys conducted show that many boaters do not realize that the spoil islands are actively managed and owned by IRLAP and that there are various rules that apply to them. In this effort, the County should to support and assist the IRLAP in getting this important message out. The County does manage certain spoil islands throughout the Lagoon. The County is being proactive by consulting with shorebird experts to recommend ways staff can create and provide sustainable shorebird habitat on these conservation areas, such as Lost Tree Island. The County should also encourage the education of anglers on the dangers of monofilament to birds, as well as to other Lagoon organisms. The importance of these monofilament recycling stations and what to do if a bird becomes entangled in monofilament should be highlighted county -wide. Boaters and anglers need to be encouraged and reminded to pick up after themselves and not leave behind any of their debris. The County should look into projects related to protecting spoil islands from erosion, while also promoting biological diversity and integrity. One example of the County working to restore spoil islands can be seen at Lost Tree Island. Parts of the area were restored through the removal of exotic species from portions of the islands, which allows for native 104 Page 4 Attachment B: Supporting Research November 24, 2020 Update 2— Research Review Phase of IRL Plan species to re -colonize. Portions have also been re -vegetated with a mixture of native upland and wetland plant species. While removing invasive species and replanting native vegetation is one option, this option can become very expensive with continued monitoring and mass quantities of water needed to ensure viability of these new plants. One alternative option would be to restore the hydroperiod to an island by conducting island scraping and invasive plant removal. St. Lucie County utilized this option as a mitigation project for their spoil island, SL -15, and had very successful results when it came to increased biological diversity and native restoration. However, this option is also very costly and requires numerous studies of various parameters in order to best prepare for project viability and success. Finally, the County should work on promoting and pushing for the designation of IR -26B and IR -37 as Critical Wildlife Areas (CWAs). CWAs are designated by FWC, protected by Florida Administrative Code (FAC), and are closed to public access with the ability for enforcement. These two islands within the County are proven productive and successful rookery locations, including locations for threatened and listed birds, and would benefit from increased protection and regulation. There are various types of large fauna that play an important role as umbrella species for the overall health of the Lagoon and well-being for other organisms. Visitors come from all over to view manatees, dolphins, and sea turtles that utilize the Lagoon, which contributes to the local economy. Dolphins, manatees, and (some species of) turtles are federally protected species. All of these organisms have experienced habitat degradation because of development around the Lagoon. They each face threats from pollutants of emerging concerns, including pollution ranging from antibiotics to thermal pollution. Asa popular boating area, these organisms also can suffer from boat strikes, which is why it is important for boaters to follow speed zones designated throughout the Lagoon. Harmful algal blooms and cold water temperatures also affect these animals, with increased mortality rates correlated to such events. Numerous dolphin populations live in the Lagoon year-round and show site fidelity, which means they typically stay in the portions of the Lagoon throughout their lives, ranging an average of 17 miles. Health differences have been observed in these populations in relation to the portion of the Lagoon they reside, north versus south. Dolphins found in the northern portions of the Lagoon, the Mosquito Lagoon area and Banana River area, are found to have far greater health issues when compared to dolphins in the southern portions of the Lagoon and the St. Lucie Estuary area. Research conducted recently studied how diseases affecting dolphins are related to potential environmental stressors, such as harmful algal blooms, and how they serve as an early warning system of changes that could affect animal and human health. This study began in 2003 and was a collaborative effort between Florida Atlantic University (FAU) Harbor Branch, Georgia Aquarium, and the National Oceanic and Atmospheric Administration (NOAA) National Ocean Service Center for Coastal Environmental Health and Biomolecular Research. This study is known as the Health and Environmental Risk Assessment (HERA). Another concern for these populations is connected to contaminants of emerging concern. These contaminants do not have assigned regulatory standards and have recently been "discovered" in waters because of improved testing methods. While they may not be new contaminants, their impacts and significance are only now being studied because they were not part of routine monitoring parameters. A recent study conducted by FAU found that of 733 tissue samples taken from dolphins in the Lagoon, 88% were found to contain bacteria resistant to at least one antibiotic, with the most common being erythromycin, which is a drug used in human and veterinary 105 Page 5 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan medicine. The increasing level of antibiotic resistance bacteria found in these dolphins mirror trends seen in human healthcare, and this study highlights the impact human antibiotic use is having on the aquatic environment. According to statewide manatee surveys conducted by FWC, over 3,000 manatees were observed to be utilizing the Lagoon. Manatee mortality statistics are collected by FWC and have been monitored since 1947 for the County. Mortality rates peaked in 2010, with 55 recorded manatee deaths within the County. Most deaths were caused by cold stress, perinatal factors, or undetermined factors because of high decomposition rates. Recent studies have shown that as manatee populations grow, boat strikes are becoming the leading cause of death around the state. Manatee populations within the County are dependent on a variety of natural and human factors, including location of preferred foraging habitat, adequate water depth, location of deep waters adjacent to feeding areas, freshwater sources, water temperature, and availability of quiet areas. A manatee population study found the most prevalent place for manatees within the County is the St. Sebastian River. As of 2000, the County created a Manatee Protection and Boating Safety Comprehensive Management Plan with revisions occurring in 2002 and 2004. This plan was specified under Policy 1.7 of the 2010 Comprehensive Plan Coastal Management Element. Since its adoption, additional objectives and policies that address the general aspects of manatee protection, boating safety, and marina facility siting have been incorporated. The Community Development Department of the County predominantly uses this plan to review proposals for new or expanded facilities for multi -slip docking in conjunction with FWC guidelines. As Lagoon conditions have changed, manatee listed status has changed, and more data have been collected, it may be beneficial for the County to complete reoccurring updates to its Manatee Protection Plan to reflect the most current information available. The County should also continue to support FWC in their studies of manatee populations and dynamics within the Lagoon. The County should continue to educate boaters and visitors about the importance of manatees within the Lagoon, and should encourage the regulation of designated manatee speed zones for their protection and potential inclusion of new ones as deemed appropriate by FWC. Sea turtles that typically frequent the County consist of loggerheads, leatherbacks, and green sea turtles. The Lagoon provides food and protection for juveniles of these species. The most predominant juvenile species found in the Lagoon are green turtles. Juvenile green sea turtles consume seagrasses and algae, making the Lagoon an ideal feeding area. Sea turtles commonly suffer from tumors known as fibropapillomatosis. These tumors affect a turtle's abilities to swim, which can eventually lead to starvation. Pollution likely worsens the tumor's impacts, with indications that presence and growth of these tumors can be correlated to warm water and poor water quality. Research has found that approximately half the green sea turtles in the Lagoon suffer from these tumors, whereas loggerheads in the Lagoon show a much lower rate. In comparison, studies show approximately 22% of green sea turtles suffer from these tumors statewide. This study also found that while the percentage of juveniles impacted is greater in the Lagoon, the growth rates of these juveniles were still larger than in other comparison areas around southeast Florida. It is believed this is because the Lagoon provides more feeding opportunities and quantities when compared to other areas in Florida. 106 Page 6 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan Like other large fauna of the Lagoon, factors related to disease, boat activity, human development, and natural phenomenon contribute to the stranding of sea turtles in the area. Stranding data collected from FWC and the County show an increasing trend in the number of reported inshore strandings. Whether this increasing trend is from an increase in public education and awareness on the procedures of reporting a stranded turtle or from an actual increase in the number of stranded turtles each year has not been determined. It is also important to note that there is often a bias in the locations of the reported strandings as they are often reported in areas more heavily used by the public. Whether this correlates to the areas being more prone to strandings because of human influences, such as boat strikes, because they are more popularly visited areas, or because the public uses these areas more, so a stranded turtle is more likely to be found and reported is inconclusive. The County does play an interactive part in FWC's stranding network. The recovery of a stranded turtle does require authorization under a FWC permit, which the County actively keeps up each year. The County also has a Habitat Conservation Plan for the protection of sea turtles; however, this plan relates to sea turtles found on beaches, and does not directly address sea turtle populations and statistics from the Lagoon. The County should continue to use education and awareness measures to educate the public on the implications of their actions on sea turtle populations within the Lagoon and the importance of using smart boating techniques when enjoying the Lagoon. The County should also continue to collect stranding data on inshore turtles to understand how trends develop over time and continue to educate the public on the proper protocols to take when a stranded turtle is observed. The Lagoon is home to not only marine turtles, but also other aquatic turtles. Diamondback terrapins are one of the important species of aquatic turtle that utilizes the Lagoon. Diamondback terrapins are indicator species in that they are sensitive to habitat loss and utilize many critical habitats throughout the Lagoon, so when populations decline, this serves as an indicator of declining conditions. Some of the major threats to this species are boat propellers and crab traps. IRLAP surveys terrapin populations, threats, and conservation efforts to understand what these organisms can tell us about the Lagoon. Scientists are unsure how many terrapins remain in the wild, but with ongoing surveys from various organizations, it is hoped that we will soon better understand current populations and status. 2. Harmful Algal Blooms The Indian River Lagoon is home to a wide variety of algal communities that exist relatively unnoticed under healthy conditions. Once the Lagoon becomes imbalanced due to inflow of freshwater, nutrient inputs, etc., an imbalance can occur causing certain algal species to grow unchecked. These stressors from the environment and excessive growth of algal communities can potentially release toxins into the waters that may be detrimental to the health of the Lagoon. Some of these stressors stem from increasing nutrients in the water such as nitrogen and phosphorus, changing land use practices, development, and issues related to climate change. Not only do these blooms have the potential to harm communities within the Lagoon's ecosystem, the toxins they can produce also has negative impacts on human health and the economy because of impacts to recreational fishing and tourism. Harmful algal blooms are temporary events, and can occur in saltwater, freshwater, or brackish water bodies. 107 Page 7 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan Algal blooms are created through the combination of various factors. Algal blooms are typically experienced after a prolonged dry period followed by periods of rain. This rain increases the freshwater flow in the Lagoon, which brings with it nutrients from the land. Blooms typically occur in warmer months as well, so the combination of eutrophic conditions with warm waters is often a driver for these to occur. Unlike other areas within the Lagoon system, Indian River County sits in an area of the Lagoon with more consistent flushing from the inlets, leading to shorter residence times for polluted waters in the system. Lagoon areas to the north have prolonged residence times, which allow polluted waters to sit longer in the system before they are able mix with seawater from an inlet or are able to flush out from new freshwater sources. Areas to the south have shorter water residence times, but are affected by releases from Lake Okeechobee when water levels become too high in the lake. While the County still has its fair share of algal bloom concerns, our geographic location acts as a benefit when dealing with the risk and impacts of algal blooms. Studies conducted by the University of Florida over a ten-year time period show that different sections of the Lagoon are impacted differently by the species of algal blooms produced and the amounts of nutrients received. The County's portion of the Central Lagoon, which ranges from the Sebastian Inlet to the Fort Pierce Inlet, receives consistent freshwater inflow from rivers and canals, with more of an agricultural influence than the northern portions, which includes the Banana River and areas of the main stem of the Lagoon north of the Sebastian Inlet. This study however found that Central Lagoon algal blooms were not tied to periods of high rainfall, but instead, were associated with expanding human development and population growth. In the Central Lagoon, total phosphorus levels were more of a driver of blooms when compared to total nitrogen levels present in the water. However, the opposite was found to be true in the northern portion of the Lagoon. Within the Central Lagoon, strategist species within the phytoplankton community, which are opportunistic species of small size and high growth rates, were found to be favored. Nutrient limitation also plays an important part in the creation and growth of algal blooms. A nutrient is considered limiting when the addition of that nutrient, or combination of nutrients, results in significantly greater growth rates compared to control samples. Studies showed that the presence of surplus bioavailable nutrients at the time of sampling increased growth rates in the control sample when compared to the initial control sample that did not have excess bioavailable nutrients present. Studies of nitrogen to phosphorus ratios conducted within the County show that our portion of the Lagoon is potentially nitrogen limited, which differs from study areas in the northern portion of the Lagoon, which were found to be potentially phosphorus limited. This study also showed that these northern portions are more susceptible to algal blooms forming at faster rates. since excess nutrients do not need to be available in the water over a long period in order for a bloom to occur. These algal blooms also have a tremendous effect on dissolved oxygen concentrations in the Lagoon. During the day, algal species produce oxygen through photosynthesis. At night, dissolved oxygen levels reduce as no sunlight present results in no photosynthesis. As the algae dies off, it drops to the Lagoon floor, decomposes, and consumes oxygen. This die off can occurfrom a combination of high cloud cover resulting in reduced photosynthesis and an increase in biological oxygen demand resulting from 108 Page 8 Attachment B: Supporting Research November 24, 2020 Update 2— Research Review Phase of IRL Plan decaying algae on the Lagoon's floor. As the. algae dies off, a crash in the Lagoon system's dissolved oxygen levels may result. While algal blooms have occurred throughout history in the Lagoon, one of the most noteworthy blooms was the 2011 Superbloom. This bloom occurred from the southern Banana River to just north of the Fort Pierce Inlet. The previous five years leading up to the bloom were dry years with little rainfall. Water conditions in the Lagoon had atypically high salinity levels and high Chlorophyll A concentrations. This superbloom acted as a tipping point from an environment dominated by benthic aquatic vegetation to a community dominated by planktonic microalgae. The years following 2011 were characterized by intense, recurring, and long-lasting algal blooms; widespread loss of seagrasses; and episodic wildlife mortality events. Shellfish populations were stressed, accumulating toxins and creating the risk for shellfish poisoning if consumed. Large-scale marine mortality occurred, with widespread fish kills in the area. The biodiversity of the system is threatened when algal blooms occur because the presence of these algal communities and the toxins they produce make life unsustainable for other organisms. The 2011 Superbloom exceeded documented past harmful algal bloom events in terms of geographic scale, bloom intensity and duration, and rate and magnitude of seagrass loss. To this day, the Lagoon still has not recovered seagrass populations back to the scale seen before this massive bloom. The County does have a "Harmful Algal Bloom Response Plan," which sets objectives, potential partners, and response actions for the County in the face of a harmful algal bloom event. These response actions include cleanup efforts, public messaging, and sampling. This plan was created in response to the red tide events of Fall 2018 that impacted the County's beaches. It was last updated in November 2018 and primarily refers to actions taken during a beachside harmful algal bloom event. This plan should be updated regularly with inclusion of lagoon -side harmful algal bloom events and responses. There are numerous agencies at various government levels that monitor and disseminate information about harmful algal blooms in Florida. Illness reports may be obtained by the public through the Florida Department of Health (FDOH), Florida's Poison Controls Centers and hospitals, and by subscribing to FWC's Red Tide Weekly Report and FDEP's Blue -Green Algae Weekly Reports. Areas that may have potential impacts can be found using NOAA's website (https:/./oceanservice.noaa.gov/hazards/hab/) and Mote Marine's Beach Conditions Reporting System website (https://mote.org/research/program/environmental-health/beach-conditions-report-red-tide- information). FDOH maintains a searchable database of bloom records and acts a helpful indicator of HABs in Florida (http://www.floridahealth.gov/environmental-health/aquatic-toxins/public-access- caspio): Conditions of beaches, lakes, and rivers may be found through FWC's website (https://myfwc.com/research/saltwater/health/). Local harvesting statuses may be found using the Florida Department of Agriculture and Consumer Services (FDACS) website (https://www.fdacs.�ov/Agriculture-I ndustry/Aguacultu re/Shellfish/Shellfish-Harvesting-Area-Maps). Status reports on HABs in Florida may be found using FDEP's website (https://floridadep.gov/Algal Bloom), the Fish and Wildlife Research Institute's (FWRI) website (http://www.floridahealth.gov/environmental- health/aquatic-toxins/ documents/habs-technical-guide.pdf), and the Mote Marine's Beach Conditions Report website (h ttps://mote.org/research/program/environmental-health/beach-conditions-report- red-tide-information). Finally, the Center for Disease Control and Prevention website 109 Page 9 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan (https://www.cdc.gov/habs/index.htmi) may provide more health and safety information on HABs. To report human illnesses caused by HABs, both FDOH (850-245-4401) and Florida's Poison Control Centers (1-800-222-1222) have hotlines to obtain this information. Fish kills may be reported to FWC's hotline (1- 800-636-0511) and red tide or blue-green algae blooms may be reported to FDEP's hotline (855-305- 3903). Understanding algal blooms is a complex web of understanding nutrient flux dynamics, diurnal flux in dissolved oxygen, and the role of legacy nutrients within a system, with many researchers devoting their studies to better understanding this complexity. The long-term impacts of these blooms and their toxicities, as well as the interactions of trophic levels and the effects on naturally managing blooms, are also not well understood. Harmful algal blooms can occur and be carried into the Lagoon through outside sources, such as ocean currents, stormwater discharges, or freshwater discharges, so studying these blooms requires looking beyond the Lagoon itself. In the meantime, algal communities should be monitored to predict and prevent harmful algal blooms from growing unchecked. Residents and the County should work to reduce nutrients from external and internal sources to decrease the concentrations that fuel these blooms. Continued research should be encouraged into understanding the causes and impacts of blooms, short and long term. The County should continue to participate in forums and discussions with other agencies about harmful algal blooms, and should continue to update the Harmful Algal Bloom Management Plan as new information arises and be prepared implement this plan if faced with new blooms in the future. 3. State and Regulatory Review of Rules State and Regulatory Rules play a major role in regulating the levels and sources of nutrients the Lagoon receives from upland sources. Within the County, the Utilities Department and Stormwater Division have to follow various rules and permit conditions to minimize nutrient impacts from their projects and their plants. These permits may require nutrient information to be collected and submitted on various timescales to permitting agencies. State and Regulatory Rules also play a major role in protecting the biological and ecologically diverse habitats of the Lagoon, attempting to ensure viability for these important organisms and ecosystems to survive. The Clean Water Act (CWA) of 1972 set the federal foundation to implement pollution control programs and develop national water quality criteria for surface water pollutants. Phase II of the CWA requires the County to implement programs and practices to control polluted stormwater runoff, through the requirements of National Pollutant Discharge Elimination System (NPDES) permits. These permits are administered through the Florida Department of Environmental Protection (FDEP), with the County required to record certain information during each permit year and submit yearly reports to FDEP. Environmental Resource Permits (ERPs) can be administered through FDEP and St. Johns River Water Management District (SJRWMD), These permits are issued for activities that alter natural water flow or increase the quantity of stormwater runoff and are intended to prevent adverse flooding, manage surface water, and protect water quality, wetlands, and other surface waters during new development or construction activities. The County is able to review these permits before they are issued to the permittees. Portions of the Lagoon are considered an Outstanding Florida Water, which means regulated activities permitted through ERPs within the Lagoon cannot adversely impact the waters, and must be 110 Page 10 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan activities not contrary to the public interest. Other than federal and state rules and regulations, the County has several local ordinances that discuss or reference stormwater runoff: Title 11 — Taxes, Utilities and Special Districts: Chapter 200 — Municipal Service Taxing or Benefit Unit, Part III - Stormwater; Title 111 — Police Power Ordinances: Chapter 316 — Fertilizer and Land Management; Chapter 318 — Illicit Stormwater Discharge; Title IX — Land Development Regulations: Chapter 901— Definitions; Chapter 904 — Nonconformities; Chapter 910 — Concurrency Management System; Chapter 911— Zoning; Chapter 912 — Single Family Development; Chapter 913 — Subdivisions and Plats; Chapter 914 — Site Plan Review and Approval Procedures; Chapter 915 — Planned Development (P.D.) Process and Standards for Development; Chapter 917 — Accessory Uses and Structures; Chapter 926— Landscape and Buffer Regulations; Chapter 927 —Tree protection and Land Clearing; Chapter 928 - Wetlands and Deepwater Habitat Protection; Chapter 930 — Stormwater Management and Flood Protection; Chapter 931 - Wellfield and Aquifer Protection; Chapter 932 — Coastal Management; Chapter 934 — Excavation and Mining; Chapter 954 — Off -Street parking; and Chapter 971— Regulations for Specific Land Uses. Along with local County ordinances, a special permit is required if an ERP area requires discharge into the Indian River Farms Water Control District's canals. This permit is known as an "Application for Connection to or use of District Facilities" with required approval from IRFWCD. One of the major rules and regulations the County must adhere to in regard to protecting Lagoon water quality is FDEP's Total Maximum Daily Loads (TMDLs). Using information provided from years of studies conducted by SJRWMD, and in accordance with the CWA, FDEP determined that Lagoon waters within the County were impaired by nitrogen and phosphorus concentrations, which has resulted in decreased seagrass coverage in the Lagoon. As a result, a Secretarial Order added these waters to the Verified List of Impaired Waters for the Lagoon Basin on December 12, 2007. After an impaired water designation, a TMDL is established for each pollutant identified to reduce pollutant loadings with the hope of restoring the waterbody. A TMDL represents the maximum amount of a pollutant that a surface water can absorb and still meet the established water quality standards that protect human health and aquatic life. TMDLs for nutrients and dissolved oxygen for the Indian River Lagoon and Banana River Lagoon were adopted by FDEP in March 2009. Nutrient loading targets were established using a three -fold approach. First, regulators established the full -restoration target for seagrass coverage. This target, and nutrient targets, were based on segment -specific seagrass depth limits, and the relationship between seagrass depth limits and model -simulated Total Nitrogen (TN) and Total Phosphorus (TP) loadings. The median seagrass depth target was established at 1.2 meters —1.7 meters for the Central IRL segments. Second, regulators established the relationship between seagrass depth limit and TN and TP loadings from point and nonpoint sources. Finally, regulators established TN and TP targets based on a 10 percent deviation (shoreward) from the seagrass full -restoration targets and the relationship between seagrass depth limit and nutrient loadings. Based on these test runs, lagoon -wide TN target loading was established at 3.34 lbs/ac/yr and TP target loading was established at 0.546 lbs/ac/yr. Central IRL TN target loading was established at 2.90 lbs/ac/yr and TP target loading was established at 0.574 lbs/ac/yr. According to 62- 304.520(8) Florida Administrative Code (F.A.C.), the Central and southern South Lagoon was defined to have TMDLs of 278,273 lbs/year of TN and 53,599 lbs/year of TP. After a TMDL is established, Basin 111 Page 11 Attachment B: Supporting Research November 24, 2020 Update 2— Research Review Phase of IRL Plan Management Action Plans (BMAPs) are created, which act as blueprints for restoring impaired waters by requiring the reduction of pollutant loadings to meet the allowable loadings established in a TMDL. BMAPs represent a set of strategies designed to implement the pollutant reductions established in the TMDL. On June 27, 2018, FDEP adopted a Final Verified List of Impaired Waters forthe Group 5 Basins, which includes the County's portion of the Lagoon. Portions of the County's Lagoon are now listed as impaired for copper, iron, and fecal coliform bacteria (in addition to nitrogen and phosphorus). The Lagoon south of State Road 60 is considered impaired by copper (concentrations greater than 3 µg/L) and fecal coliform bacteria (concentrations exceed shellfish evaluation and assessment section thresholds). The Lagoon north of State Road 60 is considered impaired by iron (concentrations greater than 0.3 mg/L). Both of these sections are designated as Class 2 Waterbodies— Shellfish Propagation or Harvesting waters. TMDL allocations for these parameters have not yet been determined. The County falls within the Indian River Lagoon: Central Indian River Lagoon BMAP, initially adopted in February 2013, which implements TMDLs forthe regulation of TN and TP into the central portion of the Lagoon. This area covers approximately 476,469 acres that ultimately drain to the Lagoon. Principal sources of pollution were identified from agriculture, municipal separate storm sewer systems (MS4), point source facilities (like domestic and industrial wastewater facilities), and stormwater sources (like cities, towns, and water control districts). At the time the BMAP was implemented for the Central IRL, no assigned allocations were determined based on FDEP's evaluation. A two-step process was used to assess progress in the IRL Basin towards the median seagrass depth limit target. FDEP conducted this evaluation using seagrass data from 2003, 2005, 2006, 2007, and 2009. All project zones within the Central IRL were found to be compliant with their two-step evaluation process, meaning stakeholders in this area were not required to make additional reductions at the that time. The BMAP was initially anticipated to cover a five-year period but has not been updated since its adoption in 2013. Any projects completed during this time period were not considered requirements of the BMAP. The County completed various Lagoon improvement projects since 2013, even though it was not a regulatory requirement of them. Since the BMAP's creation, FDEP has been in communication with the County about their intentions to set new, updated BMAP allocations for the County to follow. This effort has especially picked up since early 2020, with FDEP's push forward of new allocations using a new modeling system. Updates are forthcoming on the amounts of nitrogen and phosphorus the County will be expected to remove from waters before they reach the Lagoon. The revised BMAP will have some changes from what was completed in previous BMAPs. In addition to the model being used to determine allocations being different from what was previously used, the BMAP boundaries have been modified to better match the specific model boundaries. The results produced from the model are supposed to take into account acreages and loading estimates, which will produce the reduction requirements for each entity involved in the BMAP area. FDEP has the authority to regulate these amounts and can enforce penalties if they are not met by each entity. The BMAP is further broken down into project zones, with the County falling into Project Zones B, SEB, and SIRL. In Project Zone B, as of the .most recent draft allocation numbers, the County has a required reduction of 165,800 lbs/yr of TN and 21,562 lbs/yr of TP. In Project Zone SEB, as of most recent draft allocation numbers, the County has a required reduction of 44,893 lbs/yr of TN and 112 Page 12 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan 8,087 lbs/yr of TP. In Project Zone SIRL, as of most recent draft allocation numbers, the County has a required reduction of 2 lbs/yr of TN and 1 lbs/yr of TP. This brings the County's total reductions to 210,695 lbs/yr of TN and 29,649 lbs/yr of TP, well in excess of the initial numbers discussed during TMDL development under the previous model. FDEP's statewide ruling on biosolids is currently under revision and has the potential to impact the health of the Lagoon through surface water and groundwater transport of excess nutrients. FDEP is developing these amendments to ensure the proper management, use, and land application of biosolids to protect waters of the state from nutrient pollution, and in a manner that minimizes the migration of nutrients to prevent the impairment of waterbodies. Draft revisions include changes to the nutrient management plans (NMP), which includes updates to the criteria used for determining biosolids application rates, descriptions on how it complies with any applicable BMAPs, requirement for (at least) annual soil fertility testing, provisions for septage application rates, and annual requirements to review NMPs and make revisions as applicable. These draft revisions also include changes to monitoring, record keeping, reporting, and notification of biosolid application. These changes include methods for water extractable phosphorus (WEP), required monitoring of WEPs in biosolids, required soil fertility testing to use the "Phosphorus Index" test provided by the University of Florida's Institute of Food and Agricultural Services (IFAS) Extension Lab, revised groundwater monitoring requirements, and the inclusion of surface water monitoring for sites next to surface waters. The draft revisions also include changes to the requirements for land application of biosolids, which includes prohibition of land application on soils having a seasonal high water table less than 15 cm from soil surface or within 15 cm of the intended depth of biosolids placement. Finally, the changes included some septage provisions, and provisions related to the public interest of biosolid permit applications. However, these changes still allow local governments to keep existing biosolid ordinances, so it is recommended that the County continue their moratorium on the land application of biosolids in order to protect the Lagoon. With an update effective as of July 1, 2020, Senate Bill 712, "The Clean Waterways Act," takes a step towards protecting water quality and conserving natural resources in the state by minimizing impacts of known sources of nutrient pollutions. This update provides changes to protocols for the following topics: onsite sewage treatment and disposal systems, wastewater treatment, stormwater, agriculture, biosolids, fines and penalties, water quality monitoring, bottle water, and golf courses. The updates from this bill are as follows: • Onsite sewage treatment and disposal systems o Transfers the Onsite Sewage Program from the Department of Health (DOH) to FDEP starting in 2021, with a temporary advisory committee o Requires local governments to create septic remediation plans for areas falling within certain BMAPs o Fast tracks the approval process for nutrient reducing septic systems o Revises provisions relating to septic system setback rules • Wastewater treatment o Requires local governments to create wastewater treatment plans for certain BMAP areas 113 Page 13 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan o Creates a wastewater grant program to provide grants for projects within BMAP areas, with alternative restoration plans, or in rural areas of opportunities o Prioritizes funding for certain wastewater projects in the grant program o Starting July 1, 2025, it prohibits wastewater treatment facilities from discharging into the Lagoon without providing advanced waste treatment o Imposes new requirements on wastewater facilities and FDEP to prevent sanitary sewer overflows and underground pipe leaks • Stormwater o Requires FDEP to: ■ Update its stormwater design and operations rules and Environmental Resource Permit Applicant's Handbook ■ Make revisions to its local pollution control staff training ■ Evaluate the self -certification process for the construction, alteration, and maintenance of a stormwater management system ■ Revise the model stormwater management program • Agriculture o Requires the Florida Department of Agriculture and Consumer Services (FDACS) to perform onsite inspections at least every 2 years for agricultural producers enrolled in best management practices (BMPs) ■ Must be prioritized for producers in the BMAPs for Lake Okeechobee, the Indian River Lagoon, the Caloosahatchee Riverand Estuary, and Silver Springs o Creates a cooperative agricultural regional water quality improvement element as part of a BMAP where agriculture is a significant source of pollution ■ Projects included in this area could include conservation easements and dispersed water management o Requires FDACS to annually develop research plans and legislative budget requests to address agricultural runoff • Biosolids o Requires enrollment in FDACS's BMP program o Prohibits the application of Class A or Class B biosolids within 6 inches of the seasonal high water table, unless a nutrient management plan and water quality monitoring plan provides reasonable assurances that the application will not cause or contribute to water quality violations o Permits must comply with the statue within 2 years and with FDEP's biosolids rule within 2 years of it being effective o Allows local governments to keep existing biosolid ordinances • Fines and penalties o Doubles the fines for wastewater violations o Increases the cap on total administrative penalties that may be assessed by FDEP • Water quality monitoring program o Requires FDEP to establish a real-time water quality monitoring program • Bottled water 114 Page 14 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan o Requires FDEP to conduct a study on the bottle water industry in the state • Golf Courses o Requires FDEP to work with IFAS and regulated entities to consider the adoption by rule of BMPs for nutrient impacts from golf courses o Requires FDEP to complete rulemaking to implement several provisions and imposes numerous reporting requirements The County will continue to provide input to the FDEP during applicable rulemaking workshops in order to provide specific input in regard to protecting the County's resources and minimizing nutrient impacts from known nutrient sources. Continued communication with FDEP is necessary until a final BMAP allocation is determined to ensure the County is appropriately represented throughout the process. The County should also continue its active awareness and required changes necessary stemming from the passing of Senate Bill 712. While most of these changes impact organizations at the state -level, the County will still feel some impacts from these updates throughout various departments. While the County may not always have a large role in the creation or updates to the rules and regulations, the County should continue to have as much awareness and involvement as possible so that necessary inputs may be expressed as these rules and regulations are created and evolve. The County should also continually update its own rules and regulations in regard to Lagoon protection and the permitting process so that this resource is properly protected to the best extent possible from development and changes for future generations. 4. Total Nitrogen and Total Phosphorus Nitrogen and phosphorus concentrations are essential in the Lagoon in order to have a productive and diverse ecosystem. Organisms need these nutrients to survive in their habitats and are required for certain life processes, at the proper ratios. This ratio is known as Redfield's Ratio, which states that the ratio of carbon to nitrogen to phosphorus should be 106:16:1. These two nutrients receive a bad reputation in relation to the Lagoon because excess amounts of them can push the Lagoon system out of balance. These sources of nutrients stem from point sources and non -point sources and typically result from human development and expansion. Nitrogen is essential for plants and animals, but too much of it can damage aquatic environments. Excessive amounts of nitrogen in waterbodies can create algae blooms and result in low dissolved oxygen levels, and harm plants and other living organisms. Nitrogen in the water comes from a variety of sources, such as phytoplankton, bacteria, and fertilizer. Sewage, erosion, and stormwater runoff can also increase nitrogen levels in the water, especially in areas with high levels of development. As aquatic life decays, it can add nitrogen back into the system. Nitrogen in water is commonly reported as total nitrogen. Total nitrogen is the sum of Total Kjeldahl Nitrogen (TKN) and nitrate+ nitrite nitrogen (NOx-N). TKN is the sum of the organically bound nitrogen (such as amino acids) and ammonia nitrogen. Ammonia and nitrate are considered the forms available for direct biological uptake, and these are the forms of nitrogen that can be detrimental in high concentrations, leading to the formation of harmful algal blooms. Ammonia is one of the main sources of nitrogen that can be found in wastewater, but proper wastewater treatment methods remove the majority of ammonia concentrations before discharge. Various types of bacteria will 115 Page 15 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan reduce certain forms of nitrogen to simplerforms —for example, ammonia is converted to nitrite nitrogen which is easily converted to nitrate nitrogen; the nitrogen in nitrate may be further reduced to nitrogen gas. The concentration of reduced forms of nitrogen in the ecosystem may also negatively impact ecosystem health, with excess amounts becoming toxic to certain plant species and leading to shortages of usable nitrogen in the ecosystem. Phosphorus occurs naturally in soils, rocks, and organic matter, and it is a.nutrient required for basic life processes. High concentrations in surface waters may indicate the presence of fertilizer runoff, discharge from wastewater treatment facilities or septic tanks, industrial chemicals, or detergents. Total phosphorus is the sum of inorganic phosphorus (dissolved orthophosphate), dissolved organic phosphorus compounds, and particulate phosphorus. In water quality samples, TP is mostly made up of orthophosphate concentrations. In water, phosphorus can be dissolved or be present as a particulate. It is important to take into account both dissolved and particulate concentrations because both can have an impact on water quality. Particulate phosphorus includes living and dead plankton, precipitates of phosphorus, and phosphorus adsorbed to particulates. Dissolved phosphorus can be organic phosphorus or inorganic phosphorus. Organic phosphorus is generally formed by biological processes and is bound to plant and animal tissues. It can occur from sewage and the breakdown of organic pesticides that contain phosphorus. Organic phosphorus can be soluble, present as loose fragments, or in bodies of aquatic organisms. Most areas of the Lagoon are sensitive to sudden influxes of nutrients and other pollutants because of the location of the inlets. The areas further from inlets depend on wind -driven circulation patterns to circulate water. The areas to the north have much longer residence times compared to areas in the central and southern portions of the Lagoon. According to the IRLNEP Comprehensive Conservation and Management Plan, the residence times in northern areas are in the range of 148 days to 3 days, in the central areas are in the range of 12 days to 1 day, and in the southern areas average about 16 days for water to flow through each specific area. Since the County has an inlet to the north and to the south, our waters are classified more as tidal -driven circulation than wind -driven circulation, and we have much lower residence times because of the location of the inlets. Residence times in Vero are approximately 10 days, and residence times in Sebastian are approximately 5 days. Nutrients in the Lagoon have been increasing from historical values because of increasing population growth and human development. Atmospheric deposition has also contributed to increasing TN concentrations in the Lagoon because of an increase in natural and human -made sources. Human -made sources include the burning of fossil fuels and agricultural activities. Natural sources include lightning (which increases the deposition of nitrogen in rainwater during the summer season), natural burns (such as wildfires), and microbial activities. Atmospheric deposition sources can be local sources, stationary sources, or mobile sources (such as automobiles). Assessing the impacts atmospheric deposition have on nutrient levels in the Lagoon is difficult since the process by which air pollution is transferred to water bodies and the watershed which surround them are not well understood, but Brevard County has estimated that approximately 19% of TN concentrations and 3% of TP concentrations in the Lagoon can be attributed to atmospheric deposition. Seagrasses act as a good indicator species of excess nutrients. However, seagrasses do require certain levels of nitrogen and phosphorus in order to grow and survive, so completely depleting these 116 Page 16 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan concentrations is not a realistic goal to have. Studies have shown that seagrass growth is limited by the amount of nutrients in the water compared to carbon concentrations in their environment. There is reasonable evidence to indicate that there is a lower limit to the nutrient content needed for seagrass survival, meaning seagrass cannot grow and survive without appropriate levels of nitrogen and phosphorus in their ecosystem. It is difficult to determine critical nutrient concentrations required for seagrass growth since this will vary among species and with changes in growth conditions. Studies of tributaries conducted throughout the Lagoon system show that within the Central Indian River Lagoon area, the Sebastian River produces the highest annual loadings of TN and TP into the central Lagoon basin. This is believed to be caused by the rapid increase in human population growth and activities throughout the Sebastian River drainage basin. Another source for TN and TP concentrations comes from groundwater seepage from the surficial aquifer. Seepage rates are variable throughout the Lagoon and vary spatially and temporally across the Lagoon's basin. Finally, nutrient flux rates, or the rate of transfer of nutrients from sediments to the water, vary based on materials present on the Lagoon's floor. One study found that muck fluxes for nitrogen can be 3,372% greater when compared to nitrogen fluxes from sandy sediments. Similarly, phosphorus fluxes from muck can be 1,566% more when compared to phosphorus fluxes from sandy sediments. The County has three major stormwater canals that transfer runoff and stormwater from within the County, out to the Lagoon. The canals are situated with one in the northern portion of the County, one in the central portion of the County, and one in the southern portion of the County. The County began sampling water from the Indian River Farms Water Control District's Main Relief Canal, North Relief Canal, and South Relief Canal on May 22, 2014. Water samples are collected weekly in each canal near their crossing under U.S. Highway 1. At these locations, additional downstream stormwater input into the canals is considered negligible. All three canals discharge directly in the Lagoon, and collectively, represent the majority of groundwater and stormwater flow into the Lagoon. In general, except after heavy rainfall events, the nutrients remain relatively low. Average results from May 22, 2014 through July 22, 2020 are listed below: Average Nitrogen and Phosphorus Levels in IRFWCD Relief Canals (May 22, 2014 through July 22, 2020) Parameter. North Relief Canal Main Relief Canal South Relief Canal Nitrate/Nitrite Nitrogen (mg/L) 0.27 0.19 0.19 Total Kjeldahl Nitrogen (mg/L) 0.73 0.66 0.71 TN (mg/L) 0.99 0.85 0.89 TP (mg/L) 0.17 0.11 0.12 117 Page 17 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan The U.S. Geological Surveys (USGS) maintains monitoring stations on each of the Relief Canals. The stations do not record all canal flows, but can give an indication of the average canal flows over various time periods. From 2014 through 2018, the approximate average flows in million gallons per day (MGD) in the three Relief Canals were: North Relief Canal = 28.3 MGD Main Relief Canal = 45.0 MGD South Relief Canal = 39.7 MGD The average pounds of nutrients discharged into the Lagoon per year can be estimated using the data above as: North Relief Canal = 85,287 pounds/year of TN and 14,645 pounds/year of TP Main Relief Canal = 116,437 pounds/year of TN and 15,068 pounds/year of TP South Relief Canal = 107,557 pounds/year of TN and 14,502 pounds/year of TP The County has undertaken some regional scale nitrogen and phosphorus reducing projects such as Osprey Acres, Osprey Marsh, Spoonbill Marsh, and Egret Marsh. It is estimated that the County removes approximately 80,170 pounds/year of TN and 12,123 pounds/year of TP from reaching the Lagoon through these facilities. The County should continue to promote and expand education efforts surrounding the removal of excess nutrients, such as the continuation of the fertilizer ordinance, the education of residents to be mindful of storm drains and the impacts of what goes down them, and Florida Friendly Yards. The County is proactive in removing excess nutrients, with the continued creation and completion of projects aimed at lessening the load of nutrients from wastewater and stormwater. These projects can be costly, so the County should continue to pursue grants in order to help fund these initiatives. Once the runoff enters into the Lagoon, various water quality monitoring stations from different entities track water quality trends measured. Some of these entities include Florida Atlantic University's Harbor Branch, Ocean Research & Conservation Association (ORCA), SJRWMD, and FDEP. The data measured by these entities are available on their respective websites. Using SJRWMD data, average nutrient levels for 2020 data collected thus far are listed below: Average Nitrogen and Phosphorus Levels Measured in the Lagoon by SJRWMD (January 2020 through July 2020) Parameter IRLIRJ01— North IRLIRJ04 — Central I1RLIRJ08 — South Total Kjeldahl Nitrogen (mg/L) 0.41 0.51 0.47 TP (mg/L) 0.05 0.08 0.06 118 Page 18 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan As stated earlier, the County currently does not have a set value from FDEP on the mass of nitrogen and phosphorus that can be discharged into the water and still maintain a healthy ecosystem. For these reasons, the County currently relies on the numeric nutrient criteria set for the peninsular region of Florida by FDEP. Using this rule, TN concentrations should not exceed 1.54 mg/L and TP concentrations should not exceed 0.12 mg/L. One area that may benefit the County, and is currently lacking, is monitoring of groundwater nutrient concentrations. This information would not only benefit the County, it would also be pertinent to regulatory agencies in setting nutrient criteria. Whether this should be a task the County takes on or state -level regulatory agencies take on is undetermined. The County would also benefit from studying legacy loading to the Lagoon and understanding how many excess nutrients are being added to the system from historical uses surrounding the Lagoon area. The County should continue to support the Indian River Lagoon National Estuary Program (IRLNEP) in their studies about atmospheric deposition. Atmospheric deposition is starting to be studied at a greater extent, and these studies will hopefully add to the knowledge base of this subject. Finally, it is important for the County to continue to partner and support other entities within the Lagoon basin. Nutrients do not recognize municipal or county boundaries, and the reduction of excess nutrients throughout the system as a whole will benefit the health and prosperity of organisms in the Lagoon. S. Land Use Changes (Part 2) In order to develop a parcel of land within the County, various permits and approvals must be obtained from different levels of government. These permits cover numerous topics, but one important topic needing approval is for the management of stormwater as it changes with changing land use. The management of stormwater is important in the Lagoon's watershed to make sure pollutants and excess nutrients have time to filter and settle out of the water before eventually making its way into the Lagoon. The County regulates stormwater runoff through local ordinances and the issuance of stormwater management system permits for construction projects administered through the Public Works Engineering Division, Land Development section. The County's Stormwater Management and Flood Protection Ordinance (Chapter 930) was created to protect the health, safety, and welfare of the citizens of the County; to implement those policies and objectives found in the drainage sub -element of the County's comprehensive plan; to ensure protection of land and improvements together with natural resources through the use of responsible stormwater management and flood protection practices; to ensure replenishment of the County's aquifer systems to provide a continuing usable water supply; to reduce stormwater pollutant loading of the Lagoon; and to provide proper flood management. There are three types of stormwater permits that may be obtained at the County level: Type A (stormwater management system), Type B (flood protection-stormwater management system), and Type C (flood management system). Type A encompasses projects not located in flood hazard zones, whereas Types B and C encompass projects in flood hazard zones. In general, lands east of U.S. 1 throughout the County are located in flood hazard zones, as well as areas west of U.S. 1 located between C.R. 512 and S.R. 60. These permits require the submittal of various hydraulic data and calculations in order to ensure that they meet local ordinances for protection. Once received by the County, staff review the application and plans with other applicable permitting agencies, and with the 119 Page 19 Attachment B: Supporting Research November 24, 2020 Update 2 — Research Review Phase of IRL Plan engineer of the project to ensure appropriate nutrient levels are being removed via retention times and to ensure proper water volumes are being treated by the stormwater system. State water quality standards are established by the FDEP are set forth in chapters 62-4, 62-302, 62- 520, and 62-550, F.A.C. These standards are regulated at the state -level review process for permits. Surface and groundwater discharges from stormwater management systems, works, and other projects may not cause or contribute to a violation of state water quality standards. Once the loading is set by the state, County reviewers determine if the treatment is appropriate for the levels needing to be obtained. The engineer of the project determines how much water needs to be held by the stormwater system to reach these levels, and communicates this as part of the County's permit application. County reviewers will communicate back -and -forth with the engineer until adequate revisions have been made based on these calculations. The County should continue to enforce and update its stormwater management -related ordinances as new practices and technologies emerge. The County should also continue working relationships with state reviewers to ensure proper nutrient removal levels and practices are achieved throughout the permitting process as state rules and regulations change. It is important to maintain flood prevention not only for buildings and for homes, but also to reduce the amount of runoff that flows into the canals before having adequate time for nutrients to settle. Excess, untreated stormwater can be detrimental to the Lagoon, so it is especially important to issue, maintain, and verify compliance for these permits throughout their lifecycles to protect and positively impact the quality of the Lagoon. 120 Research Review Phase of the IRL Management Plan: Update 2 BOCC Meeting December 8, 2020 Molly Klinepeter and Eric Charest Public Works Update 2 • Ecosystem Functions and Habitat Use (Part 2) • Harmful Algal Blooms • State and Regulatory Review of Rules • Total Nitrogen and Total Phosphorus • Land Use Changes (Part 2) 12.G.1. 12/08/2020 f �o— 1 12.G.1. 12/08/2020 Ecosystem Functions and Habitat Use (Part 2): Mangroves • Mangrove fringes are common along the County's shoreline • 85% of mangrove forests were lost Lagoon -wide • Susceptible to natural and human - induced impacts • Coastal development • Manipulation of water management practices • Exotic vegetation • Marine debris • Sea level rise and warming temperatures • Hurricanes SCHEMATIC MANGROVE ZONATION swan m..acrn.s Mnc.;en.,.vcaait. .fly`*0- Ecosystem Functions and Habitat Use (Part 2): Spoil Islands and their Importance to Bird Populations • Spoil islands created in 1940s/50s by dredging the ICW • IRC has 104 spoil islands I,ZO - 2 12.G.1. 12/08/2020 Ecosystem Functions and Habitat Use (Part 2): Spoil Islands and their Importance to Bird Populations • Spoil islands support the majority of bird rookeries in the Lagoon system - • Pelican Island National Wildlife Refuge 46 • Mouths of North and South Relief Canals s • Threats: • Erosion and increasing water levels • Invasive, exotic vegetation • Coastal development • Monofilament (fishing lines) Ecosystem Functions and Habitat Use (Part 2): Species of Concern • Manatees, dolphins, and sea turtles • Threats: • Habitat degradation due to developm • Pollutants of emerging concerns • Boat strikes • Disease • Harmful algal blooms • Freezing water temperatures • Marine debris 1Z()' 3 12.G.1. 12/08/2020 Ecosystem Functions and Habitat Use Data Gaps • Discourage the placement of hardened structures along the Lagoon's shoreline • Provide education to boaters and visitors about the spoil islands, including the difference between recreation and conservation islands • Provide education to anglers on the dangers of monofilaments to birds • Encourage the designation of important bird rookery islands as Critical Wildlife Areas • Encourage collaboration and studies of impacts human actions have on various species of concern Ecosystem Functions and Habitat Use Data Gaps IRC Inshore Sea Turtle Strandings 45 40 35 30 `m 25 v Unknown Leatherback t„ 20 a 15 10 5 ■ Hawksbill • Loggerheads aGreer, 0 ej Q' Off~ Off~ CPQ (Y P O�'1. ' Oyu. 0G � 14e' 1 191 X91' e 4, y9h q9G I'll ti9')F7 ti 1 ti l Y 1 'r 1 '� 's9ti ti ti ti ti ti 1O&� .r0� 'Le ti� tie 1 1 ti11ti ti ti ti ti ti ry0 • no inshore turtle strandings reported by FWC Year •' strandings reported as of 8/19/2020 [ZO. 4 Harmful Algal Blooms • The Lagoon is home to a wide variety of algal communities that exist relatively unnoticed under healthy conditions • Stressors from the environment can trigger the excessive production of algal communities • Created from a combination of factors • The County has more consistent flushing from inlets • Central Lagoon: • Consistent freshwater inflow with more of an agricultural influence • Associated with expanding human development and population growth • Total phosphorus more of a driver 12.G.1. 12/08/2020 Harmful Algal Blooms Data Gaps • Understanding algal blooms is complex and not well understood • Must look beyond the Lagoon itself • Monitor algal communities • Encourage residents to continue adherence to the fertilizer and landscaping ordinances • Encourage continued research • Continue to participate in forums and discussions • Continue to update the Harmful Algal Bloom Management Plan 12D . 5 State and Regulatory Review of Rules • National Pollutant Discharge Elimination System (NPDES) Permits • Environmental Resource Permits (ERP) • County ordinances • Total Maximum Daily Loads • Indian River Lagoon: Central Indian River Lagoon Basin Management Action Plan (BMAP) • Statewide ruling on biosolids • Senate Bill 712 "The Clean Waterways Act" for the Implemontetlon of Totat Maatmem Daily Loads for Rotrlonts Adopted by the Florida DoPanmom of ErtNrvnmental Protaetlon Indian River Lagoon Basin Central Indian River Lagoon devempedaym Contraf Indian River Lagoon Stakeholders In eeope"l;on wkh VW Flodde Departmenf of Envimnntental Profdcaon !Nvrsfon oI Envaaementa/ Assessment and Reamralion Dwmav aiWa Restoration 7edahassee. FL FL 32399 3anoary20l3 12.G.1. 12/08/2020 State and Regulatory Review of Rules Data Gap • Continued input during rulemaking workshops • Continued communication with FDEP during BMAP process • Continue awareness and involvement as rules and DRAFT Indian River Lagoon Basin Central Indian River Lagoon Basin Management Action Plan Dhisfonof Evr'Imvmeatsl"m— aad Rra0M(lov . \TattrQwDq' Reslontlw Ptognm Florida Drpanmtvt of Emilvummtal Proftttlov ssith panicipation from the. Central lvdiaa Rher Lagoon Sfakebotdrn Within five,years of the adoption of this BMAP, DEP wrill evaluate any entity located in the BMAP area that serves a minimum resident population of at least 1,000 individualswho are not currently cov ered by a municipal separate storm setter system (MS4) permit and designate eligible entities as regulated M84s in accordance with Chapter 62:-624, Florida Administrative lzo - 6 12.G.1. 12/08/2020 Total Nitrogen and Total Phosp - .. Organisms need these nutrients to ' survive in their habitats and are required itroge for certain life processes • Potential sources of excess nutrients are�ti, • sbpdrtcadpr.eEte.afrE.m«ri+M1y- . fertilizer, stormwater runoff, wastewater ^^mom treatment facilities, erosion, atmospheric n sG deposition, septic tanks • Excess concentrations can create algal,' blooms and result in low dissolved oxygen and decreased light transmittance, which harms plants and other living organisms • Seagrasses act as a good indicator of�Y��� excess nutrientsp • IRC conducts weekly water quality samples and has created regional scale «» a - nutrient reducing projects — -; Total Nitrogen and Total Phosphorus Data Gaps • Monitoring of groundwater nutrient concentrations • Studying legacy loading to the Lagoon to understand how excess nutrients are being added to the system from historical land uses • Support studies of atmospheric deposition • Continued education of visitors and residents on proper nutrient management such as following the fertilizer ordinance JZo - 7 12.G.1. 12/08/2020 Land Use Changes (Part 2) • IRC regulates stormwater runoff through local ordinances and the issuance of stormwater management system permits for construction projects • State water quality standards are established by FDEP • Regulated at state -level review process for permits ssixulix elm NRG HaiMs /etac.5.n -� W�i;Yk% faMarOwelN%rmy YYf N.newCMa N%N1iwf.�+rn�.w.arWivram.IM M.vekt�.•�w.p.wn+F NriM Land Use Changes (Part 2) Data Gaps • Continue to enforce and update stormwater management -related ordinances as new practices and technologies emerge • Continue working relationships with state reviewers • Continue to maintain and verify compliance for permits through their lifecycles IRC Lagoon Management Plan 1. Outline Phase 2. Research Review Phase 3. Plan Development Phase 4. 'Implementation Phase PUBLIC WORKS • ERIC CHAREST • MOLLY KLINEPETER • KEITH MCCULLEY • ALEXIS PERALTA • RICH SZPYRKA 12.G.1. 12/08/2020 IRC Staff Task Force UTILITIES PARKS COMMUNITY DEVELOPMENT • VINCENT BURKE • WENDY SWINDELL • STEVEN HITT • SCOTT REYNOLDS . BETH POWELL �2a - 9 12.G.1. 12/08/2020 Research Review Phase Update 3 • Hydrology and Hydrodynamics • Marinas and Boat Ramps (Part 1) • Organic Materials and Sediments • Sustainability and Resiliency (Part 1) • Water Quality '2o , 10 Community Quarter Coastal Stormwater Utilities Conservation Lands Development Annual Rainfall Data BMP Biosolids Ecosystem Functions and Habitat Use Land Use Changes 1 Sea Level Rise Ecosystem Functions State and Regulatory State and Regulatory Ecosystem Functions and Habitat Land Use Changes and Habitat Use Review of Rules Review of Rules Use Z Total Nitrogen and Total Total Nitrogen and Total Harmful Algal Blooms Phosphorus Phosphorus Hydrology and Water Quality Water Quality Marinas and Boat Ramps Sustainability and Resiliency Hydrodynamics 3 Organic Materials and Organic Material and Water Quality Sediments Sediments Sustainability andSustainability Stormwater Septic Systems Marinas and Boat Ramps and Resiliency Resiliency 4 Marinas and Boat Ramps Water Consumption Septic Systems (PW) Update 3 • Hydrology and Hydrodynamics • Marinas and Boat Ramps (Part 1) • Organic Materials and Sediments • Sustainability and Resiliency (Part 1) • Water Quality '2o , 10 12.G.1. 12/08/2020 Update 4 • Marinas and Boat Ramps (Part 2) • Septic Systems • Stormwater • Sustainability and Resiliency (Part 2) • Water Consumption Comments or questions on the presentation can be directed to: Coastal@ircgov.com Thank you! 12.G.1. 12/08/2020 12C) - 12 134 Office of Attorney's Matters 12/8/2020 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners ATTORNEY THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: December 1, 2020 SUBJECT: Approval of Agreed Order of Take for a Parcel of Right -Of -Way Located at 6600 65th Street, Vero Beach, FL 32967 Owned by Harish and Deepti Sadhwani Harish and Deepti Sadhwani own a 19.54 acre parcel of property located at 6600 65th Street. The property is located at the northwest corner of 66th Avenue and 65th Street. This site is rectangular in shape with 1,309 feet of frontage along 66th Avenue and is 652 feet deep. The property is located outside the urban service boundary and is zoned A-1, Agricultural, up to one unit per five acres. The property is improved with 3 strand barbed wire fencing. There are no structures on the property. The Sadhwanis purchased this property back in 2004 for $760,000, or approximately $38,900 per acre. In order to accommodate the planned improvements to 66th Avenue, the County needs to acquire approximately 7.86 acres from the Sadhwanis, 5.28 acres will be used for right- of-way and 2.58 acres will be used for a stormwater retention pond. The only site improvements lying within the area of take is the fencing. A aerial photo of the parent parcel, and a sketch and legal description of the right-of-way and pond parcels are attached to this memorandum. A recent appraisal establishes the value of the entire parcel at $450,570. The partial taking was valued at $184,000. Severance damages may apply as the take will result in a 40% reduction to the size of the property. A copy of the appraisal is available for review at the Board of County Commissioners' office. On July 14, 2020, the Board approved an Unconditional Offer to purchase the necessary 121 Sadhwani 66th Avenue Offer December 3, 2020 Page 12 right-of-way from the Sadhwanis at a price of $211,600 and the entire.parcel at a price of $518,156. On the same date, the Board approved a Resolution of Necessity for acquisition of the parcel, authorized staff and outside counsel to use the power of.eminent domain and approved filing a lawsuit to take the property. The Resolution of Necessity and the Unconditional Offer must both be approved by the Board were sent to the landowner prior to suit being filed. After waiting the statutory 30 days after service of the Unconditional Offer and Resolution, suit was filed in Circuit Court in Indian River County on October 1, 2020. The County's outside counsel, William Doney, filed a motion for an Order of Take and had it set for a hearing. Prior to the hearing, staff began negotiating with the Sadhwanis and their attorney, David Holloway, as they objected to the Order of Take. The Sadhwani's claimed that the County's offer was based on an appraisal that was not a good faith estimate of the value of the property. They also challenged the validity of the road plans and the corridor study. Mr. Doney, with the concurrence of staff, negotiated an Agreed Order of Take for the needed 7.86 acres. That Agreed Order of Take is attached to this memo and is presented for Board consideration and approval. To summarize the Agreed Order of Take, the County will pay $314,264 to the Sadhwanis for the pond site and right-of-way property. The County will install one 14' wide concrete driveway at the western side of the property on 65th Street at the time of construction of the Phase 1 66th Avenue Project. Additionally, at the time of construction of the 65th Street section of the project, the County will install a 12 -inch outfall pipe from the Sandwani parcel to the canal on the south side of 65th Street. Installation of the outfall pipe during construction will serve two purposes. First, it will reduce any claim for damages due to flooding or drainage problems to the remainder parcel in the after condition. Second, it will eliminate the need for an open cut trench to 65th Street for installation of the pipe at a later date. The cost of the driveway is estimated to be $3,500 and the cost of installation of the outfall pipe approximately $10,000. A memorandum from Mr. Doney in support of the Agreed Order of Take is attached to this memo. Recent purchases or similar sized parcels include the following: • April 2019 the County purchased 13.78 acres from a parent tract of 56.23 acres (24.5% taken) of unimproved property on the west side of 66th Avenue between 61 st and 65th Streets at a price of $42,500 per acre for $585,650 together with 12.5% severance damages of $225,515 for a total cost to acquire of $811,165. • The County previously purchased the entire 18.59 acre Miami Block parcel at the southwest corner of 66th Avenue and 69th Street for $655,298.00 ($35;250 per acre). 122 Sadhwani 66th Avenue Offer December 3, 2020 Page 13 February 2020 the County bought 2.05 acres and an access easement on the northeast corner of 66th Avenue and 61St Street for $110,000 that contained large pecan trees. • February 2017, the County purchased the 18.72 acre Greene property located at the northeast corner of 66th Avenue and 53rd Street for a future stormwater_park for $558,900 ($29,855 per acre) which was an arm's length transaction without the threat of eminent domain and was the basis of the Unconditional Offer to the Sadhwanis. The Agreed Order of Take will not be admissible in evidence should the matter proceed to trial. Thus, the County would be free to argue that the value of the property is less than the $314,264 amount, if the County so desires. Staff is mindful that this settlement amount, with the included improvements, is near the top amount paid for property along Phase 166th Avenue Project. As this matter proceeds to court ordered mediation and trial, the County is not obligated to significantly increase this settlement amount. Funding: Funding in the amount of $314,264 is budgeted and available from Traffic Impact Fees/District 2/ROW/66th Ave, 49th Street- 69th Street, Account # 10215241- 066120-07806. Recommendation: Staff recommends the Board approve the Agreed Order of Take to acquire the necessary right-of-way and pond site from the Sadhwanis at a price of $314,264 and authorize the Chairman to execute the Agreed Order of Take. Attachments: Aerial photo of parent parcel; sketch/legal of right-of-way and pond parcels Agreed Order of Take Memorandum from William Doney, Esq. Copies to: William Doney, Esq. 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'1S -40 SO21003N 0118f1d 3H1 AO SZ 3OVd 'Z H008 IVId NI 030800321 SV ANVdWOO SNNVA 83AI8 NVIONI 3HL -40 SONVI -40 iVld IV83N30 1SVI 3H1 Ol ONIONOOOV 'iSV3 6£ 30NV8 'Hinos Z£ dlHSNM01 'L N01103S '8 10V& -40 NOLL210d V ON138 (INV ONUI '31Vf111S ONVI -40 10VHI 80 130NVd '3031d NIV1830 IVH! TV uiriiovd ,LNHwa-DvNvw ` Haily;uluxos 1N3N39VWn ?131 b'MN&O.LS dl21OS3O 1V031 LINE TABLE UNE LENGTH Lt 30.72 L2 50.00 N W E 0 S 100, GRAPHIC SCAIE ' IV) to IWU W< a � 00 _ ZUJ =)m 0 V r- a 00 S3 W N 0 o N S89'10'25"E LO NORTH UNE TRACT 8 LEGEND Iw I coco I a ny aD co Fco w CV y w 156.01 fih certiRes Mot o legcl descrlptIm and sketch of the property shown S89'24'50°E 30 I z N SECTION LINE EAST -LINE D 4 I .Q EASEMENT LINE N TRACT 8 50' ff) O I 0 w z BEARING 20' — — — N00'00'25"E Code pursuant to Section 472oa1a]DTand that this &rowing is a true and accuots re tgfj mM�lje the � Q N89'S9'35"W iv BBASEL N y Q — — O I z aD I!-1 RIGHT OF WAY C 5779 111 P-..0. B. ORB I w C. PARCEL 105 th I E.C. Ot EM7,, RSM NO. $178 Q STATE OF 229,791 SQ.FT.5.28 RIVER FARMS CO. ACRES NPLAT BOOK 2, PAGE 25(ST, SECTION 1-iINDIAN LUCIE)50'50' - TRACT 8 a s 1 ,Dr oeslcsm BY OFD Kimley»>Horn LEGAL DESCRIPTION AND SKETCH OF yen as W 01 n N W HARISH SADHWANI a N w I �""a 32390700001008000002.0 Wl c0 K�YII@IIEY-110RfLNN ORB 1818, PG 1661 - w �OD v~iZ��°� m W --a-... _.. O OAU o y I \ I - O 'N \\\ W z� I I Z I _65th. STREET N89'10'25"W _ TRACT UNE n J A 12 CANAL Ya SECTION LINE N 30' 7 t -i fV w" W LEGEND Iw fih certiRes Mot o legcl descrlptIm and sketch of the property shown N SECTION LINE EAST -LINE — .Q EASEMENT LINE and sketch meets the standards of proctke set forth by the Florida TRACT 8 PROPERTY LINE Board of Fmlesslonal Surveyors and Mappers In Chqp� I7, norida AdminfstraBw B — — PROPOSED RIGHT OF WAY Code pursuant to Section 472oa1a]DTand that this &rowing is a true and accuots re tgfj mM�lje the BBASEL best of my knolded a and belief. Sub hereon. g — — RIGHT OF WAY LINE N I I!-1 RIGHT OF WAY C 5779 111 P-..0. B. ORB t0 N I I P.O C. _65th. STREET N89'10'25"W _ TRACT UNE n J A 12 CANAL Ya SECTION LINE N 30' 7 t -i fV w" W LEGEND K si ry — o— .azo fih certiRes Mot o legcl descrlptIm and sketch of the property shown SECTION LINE hereon was made under my sup—Won and that thfs legal descrfptian — EASEMENT LINE and sketch meets the standards of proctke set forth by the Florida o` " PROPERTY LINE Board of Fmlesslonal Surveyors and Mappers In Chqp� I7, norida AdminfstraBw B — — PROPOSED RIGHT OF WAY Code pursuant to Section 472oa1a]DTand that this &rowing is a true and accuots re tgfj mM�lje the PARCEL best of my knolded a and belief. Sub hereon. g — — RIGHT OF WAY LINE 0'se u— m R/WORB RIGHT OF WAY C 5779 111 ORB OFFICIAL RECORDS BOOK 9 FDOT FLORIDA DEPARTMENT OF E.C. Ot EM7,, RSM NO. $178 Q STATE OF i TRANSPORTATION TA710N / a Qa � p� FLORIDA SECT. SECTION � DALE a Y - Not rofid without Me slgn6ture and seal and Mapper. a s 1 ,Dr oeslcsm BY OFD Kimley»>Horn LEGAL DESCRIPTION AND SKETCH OF yen as s °"A64 O msc nam Na �oa,a "e 1 7/10/17 PARCEL 105 `"`°°'� ECD 416R4N�' a°'E'°% RAOeEAp n"'°° °H0�`fN° INDIAN RIVER COUNTY, FLORIDA enwc m-rs4-41oo Fsu m-�sl l K�YII@IIEY-110RfLNN 04703504 - EPA LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 8, SECTION.7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR.REFERENCE AT THE EAST Y4 CORNER OF SAID SECTION 7; THENCE, BEARING NORTH 00'00'25 EAST, ALONG THE EAST LINE OF SAID SECTION 7; A DISTANCE OF 30,72 FEET TO A POINT; ' THENCE. LEAVING SAID EAST LINE, BEARING NORTH 89'59'35" WEST, A DISTANCE OF 50.00 FEET TO :A POINT ON THE NORTH RIGHT OF WAY LINE OF 65TH STREET AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 89'10'25" WEST, ALONG SAID NORTH UNE, A DISTANCE OF .651.57 FEET TO A POINT ON THE WEST LINE OF THE EAST 20 ACRES OF SAID TRACT 8; THENCE, LEAVING SAID NORTH LINE, BEARING NORTH 00'00'25" EAST, ALONG SAID WEST LINE, A DISTANCE OF 50.01 FEET TO A POINT; THENCE, LEAVING SAID WEST UNE, BEARING SOUTH 89'10'25" EAST, A DISTANCE OF 455.55 FEET TO A POINT; THENCE, BEARING NORTH 45'25'00" EAST, A DISTANCE OF 56.16 FEET TO A -POINT; THENCE. BEARING NORTH 00'00'25' EAST, A DISTANCE OF 1,218.73 FEET TO A POINT ON THE NORTH UNE OF SAID TRACT 8; THENCE, BEARING SOUTH 89'24'50" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 156.01 FEET TO A POINT ON THE EAST UNE OF SAID TRACT 8; THENCE, BEARING SOUTH 00'00'25" WEST, ALONG THE EAST LINE OF SAID TRACT 8, A DISTANCE OF 1,309.39 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 229,791 SQUARE FEET OR 5.28 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PROPOSED ACQUISITION PARCEL ACREAGE - 5.28 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FOOT = 0.90 ACRES RIGHT-OF-WAY SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID. LINE BEARS NORTH 00'00'25' EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. N Sy Kimley»> Horn OAIE LEGAL DESCRIPTION AND SKETCH OF OM NUIOER D� 7/10/17 mvum eY 04-o © = a"Y� u ASSO=T 4 ma " PARCEL '105 2 OF 2 NEM W ECD « =+w sreesx auto xoo, w 8&�L M s PROJECT N0. INDIAN RIVER COUNTY, FLORIDA �.wrasY-Homaww 047035041 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner vs. HARISH SADHWANI, DEEPTI SADHWANI and CAROLE JEAN JORDAN, TAX COLLECTOR OF INDIAN RIVER COUNTY, FLORIDA Respondents CASE NO. 2020 CA 000600 PARCEL NO. 105 AGREED ORDER OF TAKING THIS CAUSE came before the Court upon the Petition in Eminent Domain and Petitioner's request for the entry of an Order of Taking herein. It appearing that proper notice was given to the Respondents, Harish Sadhwani, Deepti Sadhwani and Carole Jean Jordan, Tax Collector of Indian River County, Florida, and all persons having or claiming any equity, lien, title or other interest in or to the real property described in the Petition and that Petitioner would apply to this Court for an Order of Taking, and upon agreement of the parties and the Court being fully advised in the premises, upon consideration, it is therefore ORDERED AND ADJUDGED: 1. That the Court has jurisdiction of the subject matter and the parties to this cause. 2. That the pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated authority. -1- 129 3. That the estimate of value filed in this cause by the Petitioner was based upon a valid appraisal. 4. That the Petitioner is entitled to the vesting of title in and possession of the following described property prior to entry of a Final Judgment, to wit: See Attached Exhibit "A" upon payment into the Registry of this Court, the deposit hereinafter specified; that said deposit of money will secure the persons lawfully entitled to compensation, as will be determined ultimately by Final Judgment of the Court. 5. That upon the payment of the deposit hereinafter specified into the Registry of this Court, fee simple title to the above-described property shall vest in the Petitioner. 6. The said sum of money to be deposited for Parcel 105 is Three Hundred Fourteen Thousand Two Hundred Sixty -Four ($314,264.00) Dollars which represents Petitioner's good faith estimate of value for said property. Said sum shall be deposited into the Registry of this Court within twenty (20) days after the date of this Order, and, upon making such deposit, the Petitioner shall notify, in writing, all parties of record that the deposit has been made and, upon making such deposit, fee title to and possession of the property described in the Petition shall vest in Petitioner without further notice or Order of this Court. 7. If Petitioner shall default in making the deposit of said sum of money within the time provided, this Order shall be void and of no further force and effect. 8. In addition to the above provisions, the parties further agree as follows: A. The full compensation to be received by Respondents, Harish -2- 130 Sadhwani and Deepti Sadhwani, shall be no less than the good faith estimate of value ($314,264.00). The amount of the good faith estimate of value shall not be mentioned or otherwise admissible in evidence at the valuation trial in this cause. B. At trial, Respondents, or their experts, will be permitted to present evidence concerning the date of Respondents' purchase of the subject property and the purchase price of said property. C. At trial, Petitioner agrees that it will present no evidence of any alleged Murphy Reservation that may be applicable to the Subject Property and the alleged Murphy Reservation will not be considered in the valuation of the property. D. Petitioner shall construct the project in accordance with the construction plans attached hereto as Exhibit "B." If the project is not so implemented, Respondents may claim additional damages and compensation based on any such deviation from such construction plans. 9. Upon deposit of funds as set forth in Paragraph 6, the Clerk of this Court shall issue a check payable to the Tax Collector of Indian River County in the amount of prorated and apportioned real estate taxes and assessments for the lands described in Exhibit "A" and shall also issue a check in the amount of the balance of funds so deposited payable to "David Holloway, P.A., Trust Account," 10764 70' Avenue, Suite 6206 Seminole, Florida 941 131 33772. DONE AND ORDERED in Indian River County, Florida, this day of 2020. Copies furnished: See attached Service List -4- Circuit Judge 132 CALDWELL PACETTI EDWARDS SCHOECH & VIATOR LLP OF COUNSEL TELEPHONE: (561) 655-0620 BETSY S. BURDEN TELECOPIER: (561) 655-3775 RUTH P. CLEMENTS MEMORANDUM TO: William Debraal, Deputy County Attorney FROM: William P. Doney, Esq. DATE: December 1, 2020 RE: Proposed Agreed Order of Taking Parcel 105 Owners: Deepti and Harish Sadhwani This Memorandum is written to address some of the potential issues and risks involved in proceeding to a contested Order of Taking hearing in the above -referenced matter and to recommend Board of County Commission approval of an Agreed Order of Taking. As a bit of background, this eminent domain proceeding was filed on October 1. 2020 and involves only one parcel (Parcel 105 owned by Deepti and Harish Sadhwani). The case was filed as a "quick take" proceeding in accordance with Chapter 74, Florida Statutes. Under this statutory procedure, an Order of Taking hearing is initially scheduled before the Court (no jury). At such a hearing, the condemning authority is required to prove its legal entitlement to condemn the property, i.e., is there a public purpose and necessity for the acquisition. The government must also present evidence that it has obtained a good faith estimate of value (appraisal) of the subject property. Additionally, there are numerous conditions precedent that a governmental entity must satisfy in order to be entitled to entry of an Order of Taking. Assuming the government meets this burden, the Court will enter an Order of Taking requiring the government to deposit in the Court Registry the amount of its appraised value of the property taken. Title to the property then vests in the government and it can immediately proceed with its project. The property owner may withdraw the deposited funds from the Court Registry. The issue of the amount of full compensation to be paid to the property owner (if the case is not settled) is ultimately determined at a jury trial before 12 jurors. In the subject case, the property in question is a vacant agricultural land located at the northwest corner of 66th Avenue and 65`h Street comprising 19.59 acres. The Sadhwanis 133 ATTORNEYS AT LAW MANLEY P. CALDWELL, JR. PARALEGAL KENNETH W. EDWARDS EMILIE PEARSON, CP CHARLES F. SCHOECH 1555 PALM BEACH LAKE BOULEVARD MARY M. VIATOR SUITE 1200 WILLIAM P. DONEY WEST PALM BEACH, FLORIDA 33401 FRANK S. PALEN www.caldwellpacetti.com JOHN A. WEIG OF COUNSEL TELEPHONE: (561) 655-0620 BETSY S. BURDEN TELECOPIER: (561) 655-3775 RUTH P. CLEMENTS MEMORANDUM TO: William Debraal, Deputy County Attorney FROM: William P. Doney, Esq. DATE: December 1, 2020 RE: Proposed Agreed Order of Taking Parcel 105 Owners: Deepti and Harish Sadhwani This Memorandum is written to address some of the potential issues and risks involved in proceeding to a contested Order of Taking hearing in the above -referenced matter and to recommend Board of County Commission approval of an Agreed Order of Taking. As a bit of background, this eminent domain proceeding was filed on October 1. 2020 and involves only one parcel (Parcel 105 owned by Deepti and Harish Sadhwani). The case was filed as a "quick take" proceeding in accordance with Chapter 74, Florida Statutes. Under this statutory procedure, an Order of Taking hearing is initially scheduled before the Court (no jury). At such a hearing, the condemning authority is required to prove its legal entitlement to condemn the property, i.e., is there a public purpose and necessity for the acquisition. The government must also present evidence that it has obtained a good faith estimate of value (appraisal) of the subject property. Additionally, there are numerous conditions precedent that a governmental entity must satisfy in order to be entitled to entry of an Order of Taking. Assuming the government meets this burden, the Court will enter an Order of Taking requiring the government to deposit in the Court Registry the amount of its appraised value of the property taken. Title to the property then vests in the government and it can immediately proceed with its project. The property owner may withdraw the deposited funds from the Court Registry. The issue of the amount of full compensation to be paid to the property owner (if the case is not settled) is ultimately determined at a jury trial before 12 jurors. In the subject case, the property in question is a vacant agricultural land located at the northwest corner of 66th Avenue and 65`h Street comprising 19.59 acres. The Sadhwanis 133 • Page 2 December 2, 2020 acquired the property in 2004 and paid approximately $39,500.00/ acre for the land. The proposed County acquisition comprises 5.28 acres of frontage along 66' Avenue and 65h Street to be utilized for the road widening and related improvements. Parcel 105 also includes an additional 2.58 acres of land at the northwest corner of the property to be utilized as a Stormwater Management Facility. The proposed acquisition results in a total taking of 7.86 acres leaving a remainder parcel of 11.73 acres. The County's updated appraisal for the lands taken is in the amount of $211,500.00. The appraisal concludes an opinion of value of $25,000.00 per acre plus additional compensation for improvements (primarily fencing) on the property. The appraiser found no severance damages to the remainder property. After extensive negotiations and subject to Board of County Commission approval, the parties have agreed to entry of an Order of Taking whereby the County would deposit in the Court Registry the sum of $314,264.00. In addition, the County would agree that if the matter proceeds to trial, even though the County may present testimony of a lower value, the property owners would receive no less than $314,264.00 in full compensation. I recommend that the County enter into an Agreed Order of Taking in this matter for several reasons. The Sadhwani parcel is the last parcel that the County needs to acquire in order to proceed with the 66h Avenue or mainline segment of the project. The acquisition will allow the project to move forward without delay and will assure DOT funding. While the suggested deposit is in an amount significantly higher than the County's appraisal, the County has been entering into settlements involving other parcels in the project in a comparable per acre dollar amount. Also, the fact that the Sadhwanis paid approximately $40,000.00/ acre for the land in 2004 makes it unlikely that a jury will award less for the land taken 16 years later. Further, while the property owners have not yet produced an appraisal, their contention is that the property will suffer significant severance damages caused by the taking due to the change of shape and configuration of the remainder property, drainage issues caused by the taking, changes in the elevation and grade of the new roadways as compared to the remainder property and diminished access. Additionally, there are several technical or procedural issues that could create potential defenses to the entry of an Order of Taking. Florida case law repeatedly states that eminent domain is one of the "harshest proceedings in the law" and all doubts must be resolved in favor of the property owner. In the subject case, the County originally adopted only one eminent domain Resolution for the fee taking. The required pre -suit offer was based on an appraisal that included only the fee taking. It was then discovered that there would be a significant change of grade at the remainder Sadhwani on the 65t' Street side of the project. A second Resolution was then adopted to acquire a temporary construction easement in the 65th Street area. However, the County's pre -suit offer was based on the fee take only and included no compensation for potential severance damages. After suit was filed, the construction plans were revised to eliminate the need for the temporary construction easement and the temporary construction easement acquisition has been deleted from the lawsuit. This factual background presents several potential procedural defenses to the proposed acquisition. A denial of the requested Order of Taking would 134 • Page 3 December 2, 2020 either require the County to amend its pleadings and reschedule an Order of Taking Hearing. At best, this would result in a several month delay in the commencement of the project and the County would still potentially face another contested Order of Taking hearing. Alternatively, if the Order of Taking is denied, the Court could dismiss the lawsuit in its entirety thereby resulting in an even greater delay to the project as well as additional costs and attorney's fees. For the foregoing reasons, it is recommended that the Board of County Commissioners approve entry of the proposed Order of Taking. William P. Doney, Esq. 135