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Home My WebLink About12/17/2024ORW-t BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 17, 2024 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov COUNTY COMMISSIONERS Joseph Flescher, District 2, Chairman John A. Titkanich, Jr., County Administrator Deryl Loar, District 4, Vice Chairman Jennifer W. Shuler, County Attorney Susan Adams, District 1 Ryan L. Butler, Clerk of the Circuit Court and Comptroller Joseph H. Earman, District 3 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Rev. Dr. Joseph LaGuardia 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 6.A. Preliminary Budget Hearing Meeting of September 11, 2024 6.B. Final Budget Hearing Meeting of September 18, 2024 6.C. Regular Meeting of September 24, 2024 6.D. Regular Meeting of October 08, 2024 6.E. Regular Meeting of October 22, 2024 6.F. Special Call Meeting of October 30, 2024 December 17, 2024 Page 1 of 7 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A 2025 Committee Assignments by Commissioner Attachments: Memorandum 2025 Committee Assignments by Commissioner 8. PUBLIC COMMENT: AGENDA -RELATED MATTERS (EXCEPT FOR PUBLIC HEARINGS) 9. CONSENT AGENDA 9.A. Quarterly Investment Report for Quarter Ending 09/30/24 Attachments: Investment Committee 09-30-2024 Report 9.B. Quarterly OPEB Trust Report for Quarter Ending 09/30/24 Attachments: Investment Committee 09-30-2024 OPEB Report 9.C. Quarterly Tourist Development Tax Report for Quarter Ending 09/30/24 Attachments: Tourist Development Tax 9.D. Dori Slosberg Driver Education Safety Act - Driver Education Program Trust Fund Report - Cumulative Reporting Through 09/30/24 Attachments: Traffic Education Fund 9.E. FY 2023-2024 Records Management Compliance Statements Attachments: Staff Report IRC's Agency No. C0620500 Records Mgmt Stmt IRC's Agency No. N0000527 Records Mgmt Stmt IRC's Agency No. N0000164 Records Mgmt Stmt 9.F. Approval for Advance Purchase of Fire Rescue Apparatus Attachments: Staff Report Sutphen Quote Justification for Replacement Memo 9.G. Approval for Amendment to MBV Work Order 2 Attachments: Staff Report Amendment to Work Order 2 9.11. Request for Partial Release of a County -Dedicated Drainage Easement at 500 2nd Street SW Attachments: Staff Report Excerpt Showing Requested Easement Release Draft Resolution December 17, 2024 Page 2 of 7 9.I. Work Order No. 16 - Kimley-Horn and Associates, Inc., Indian River Boulevard Pedestrian and Bicycle Access Improvement Project (IRC -1817) Attachments: Staff Report Kimley-Horn & Associates, Inc. Work Order No. 16 9.J. Jackie Robinson Training Complex Walking Trail (IRC -1908), Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 9.K. Acceptance of Sponsorship from Cleveland Clinic for Centennial Celebration Attachments: Staff Report Cleveland Clinic Sponsorship Service Agreement 9.L. CR512 & N. Broadway Street Drainage Restoration (IRC -2006), Change Order No. 1 Attachments: Staff Report Change Order No. 1 9.M. Agreements for Traffic Signal Synchronization and Cohabitation with the Florida East Coast Railway L.L.C. and Brightline Trains Florida LLC for the 41st Street, 45th Street, and 49th Street Railroad / Highway Grade Crossings Attachments: Staff Report 41 st Street Synchronization Agreement 45th Cohab Agreement 49th Street Synchronization Agreement 9.N. Request for Funding and Authorization to Purchase 2 Motor Graders and 1 Vacuum Truck Attachments: Staff Report 9.0. Approval of Aqua -Aerobic Systems, Inc. Proposal No. 173978 for South Regional Wastewater Treatment Facility Filter Electrical Panel Capital Maintenance, IRCDUS Project ID 22.24.517 Attachments: Staff Report Aqua -Aerobic Systems Inc Proposal No 173978 Aqua -Aerobic Systems Inc Sole Source Letter 9.P. Approval of Final Rankings and Authorization to Negotiate for RFP 2025009 for Fairgrounds Marquee Sign Replacement Attachments: Staff Report - Ranking & Negotiation 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES December 17, 2024 Page 3 of 7 10.A. Indian River County Sheriffs Office Forfeiture Trust Fund Attachments: IRC Sheriffs Office Forfeiture Trust Fund LETF Exhibit A 11. PUBLIC ITEMS A. PUBLIC HEARINGS 11.A.1. Biosolids Moratorium Extension Ordinance - LEGISLATIVE Attachments: Staff Report Biosolids Moratorium Ordinance Business Impact Statement 11.A.2. Public Hearing Scheduled for December 17, 2024, to Consider Notice Of Intent To Use Uniform Method Of Collecting Non -Ad Valorem Assessments Attachments: Staff Report Resolution - Non -Ad Valorem Assessments SWDD Resolution 2024 11.A.3. Orlando Health Hospital Revenue Bonds Hearing Attachments: Staff Report Resolution 11.A.4. Randolph Construction Group, Inc.'s Request for Development (PD) Plan and PD Rezoning Approval Development to be Known as Hunters Grove 2004050087-94636] Attachments: Staff Report Location Map Aerial PD Plan Landscape Plan Draft PD Rezoning Ordinance Conceptual Planned for a Residential PD [PD -23-07-03 / 11.A.5. Consideration of an Ordinance of Indian River County Florida Amending the Zoning Ordinance, and the Accompanying Zoning Map for Approximately ±22.28 Acres from CG, General Commercial District to OCR, Office, Commercial, Residential District (2023060145-97024) [Quasi -Judicial] Attachments: Staff Report Existing Zoning Map Existing Future Land Use Map Rezone Application Draft Ordinance December 17, 2024 Page 4 of 7 11.A.6. Consideration of an Ordinance of Indian River County, Florida Amending the Zoning Ordinance, and the Accompanying Zoning Map for Approximately ±5.55 Acres from CG, General Commercial District to CH, Heavy Commercial District (2004050052-97160) [Quasi -Judicial] Attachments: Staff Report Existing Zoning Map Existing Future Land Use Map Rezoning Application Ordinance 11.A.7. Consideration of an Ordinance of Indian River County, Florida Amending the Zoning Ordinance, and the Accompanying Zoning Map for Approximately ±2.90 Acres from CL, Limited Commercial District to CG, General Commercial District (2005120295-96912) [Quasi -Judicial] Attachments: Staff Report Existing Zoning Map Existing Future Land Use Map Rezoning Application Draft Ordinance B. PUBLIC NOTICE ITEMS 12. COUNTY ADMINISTRATOR MATTERS 12.A.1. American Rescue Plan Act of 2021 - Proposed Spending Plan Revisions Attachments: Staff Report ARP Proposed Spending Plan 12.A.2. 2024 Legislative Program Attachments: Staff Report 12.A.3. City of Vero Beach - Revised and Updated Request for County Funding for the Humiston Project Attachments: CAI COVB Request for Funding Humiston Project (20241210) COVB Email Request for Funding Humiston Project (20241204) Alternative 3 Cost Breakdown Revised 13. DEPARTMENTAL MATTERS A. Building and Facilities Services B. Community Services C. Emergency Services D. human Resources December 17, 2024 Page 5 of 7 E. Information Technology F. Natural Resources G. Office of Management and Budget H. Parks, Recreation, and Conservation 13.11.1. 2023-2024 Parks, Recreation & Conservation Department Project Update: Parks Division Attachments: Staff Report I. Planning and Development Services J. Public Works K. Sandridge Golf Club L. Utilities Services 14. COUNTY ATTORNEY MATTERS 14.A.1. Counteroffer for a Parcel of Right -Of -Way Located at 7950 66th Avenue, Vero Beach, FL 32967 Parcel 128 Owned by Orville L. Ganbin, III, and Kelly L. Jackson Attachments: Staff Report Ganbin Jackson P-128 Exhibits 15. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Deryl Loar, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman 15.D.1. Commissioner's Memorandum regarding Children's Services Advisory Committee Attachments: Commissioners Memorandum E. Commissioner Laura Moss 16. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 16.11.1. Amendment No. 1 to Solid Waste and Recyclables Collection Franchise Agreement between SWDD and WM Attachments: Staff Report Amendment No 1 to Franchise Agreement December 17, 2024 Page 6 of 7 16.B.2. Solid Waste Disposal District Preliminary Budget Hearing Meeting Minutes of September 11, 2024 16.B.3. Solid Waste Disposal District Final Budget Hearing Meeting Minutes of September 18, 2024 16.B.4. Approval of SWDD Meeting Minutes of September 24, 2024 C. Environmental Control Board 17. PUBLIC COMMENT: NON -AGENDA -RELATED MATTERS 18. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.indianriver.gov The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6: 00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. December 17, 2024 Page 7 of 7 7A December 17, 2024 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 11, 2024 SUBJECT: 2025 Committee Assignments by Commissioner FROM: Joseph E. Flescher, Chairman Attached please find the "2025 Committee Assignments by Commissioner" for the Indian River County Board of County Commissioners. 1 ZZ / ! VA ME ! 22 ! ' 2 i 2025 Committee Assignments by Commissioner SUSAN ADAMS - District 1 1. Agriculture Advisory Committee (quarterly, 4th Thursday at 2:00 pm) 2. Affordable Housing Advisory Committee (4th Wednesday, even months, at 9:00 am) 3. Economic Development Council (odd months, 3rd Tuesday at 3:30 pm) 4. Metropolitan Planning Organization (2nd Wednesday even months at 10:00 am) 5. Indian River Lagoon National Estuary Program Board of oimoto s - Alternate (bi-monthly, 2nd Fri at 9:30 am) 6. Children's Services Advisory Committee (monthly, 1' Tuesday at 3:00 pm) JOSEPH E. FLESCHER - District 2 Chairman 1. Value Adjustment Board (2x per year) 2. Tourist Development Council (designated by BCC Chair; quarterly, 3rd Wednesday at 2:00 pm) 3. School Planning Elected Officials Oversight Committee (BCC Chair or designee; once annually) 4. Public Safety Council for Criminal Justice, Mental Health, and Substance Abuse (BCC Chair, as needed) 5. Metropolitan Planning Organization (2nd Wednesday, even months at 10:00 am) 6. Treasure Coast Regional Planning Council -Alternate (bi-monthly, 3rd Fri at 9:30 am) JOSEPH EARMAN - District 3 1. Value Adjustment Board (2x a year) 2. Indian River Lagoon National Estuary Program Board of Directors (bi-monthly, 2' Friday at 9:30 am) 3. Beach & Shore Preservation Advisory Committee (monthly, 3rd Monday at 3:00 pm) 4. Play Treasure Coast Sports Tourism Board of Directors (quarterly, Feb, May, Aug, Nov) 5. Metropolitan Planning Organization (MPO) (2nd Wednesday, even months at 10:00 am) 6. Treasure Coast Regional Planning Council (bi-monthly, 3rd Friday at 9:30 am) 7. Environmental Land Acquisition Panel (ELAP) non-voting - (3rd Tues Monthly or as Needed) DERYL LOAR - District 4 Vice- Chairman 1. Transportation Disadvantaged Local Coordinating Board (BCC member serves as chair; quarterly, 4th Thursday at 10:00 am) 2. Juvenile Justice Circuit 19th Advisory Board (monthly, 3rd Wednesday at 8:45 am) 3. Metropolitan Planning Organization (2nd Wednesday, even months at 10:00 am) 4. Treasure Coast Regional Planning Council (bi-monthly, 3rd Fri at 9:30 am) 5. State Housing Initiatives Partnership (SHIP) Loan Review Committee (on demand as needed) 6. Audit Selection Committee (last meeting held in 2020; every 5 years, Next due 20251 7. Treasure Coast Council of Local Governments -Alternate (monthly, 1st Wednesday at loam) LAURA MOSS - District 5 1. Community Development Block Grant Citizens Advisory Task Force (BCC Chair or designee as needed) 2. Metropolitan Planning Organization (2nd Wednesday, even months at 10:00 am) 3. Treasure Coast Regional Planning Council - Alternate (bi-monthly, 3rd Friday at 9:30 am) 4. Executive Roundtable of Indian River County (quarterly) 5. Treasure Coast Council of Local Governments (monthly, 1st Wednesday at IOam) 6. Indian River Lagoon National Scenic Byway Coalition (quarterly) 7. Workforce Development Consortium of the Treasure Coast (designated by BCC Chair; once in July and as needed) Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy Comptroller THRU: Ryan L. Butler, Clerk of the Circuit Court and Comptroller DATE: December 6, 2024 SUBJECT: Quarterly Investment Report for Quarter Ending 9/30/2024 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the fourth quarter of fiscal year 2024. This report was reviewed by our investment advisory committee on December 5, 2024. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. ki Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27+h Street Vero Beach, FL 32960 Telephone: (772) 226-3100 Indian River County Investment Advisory Committee Quarterly Investment Report July 1, 2024 through September 30, 2024 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court & Comptroller. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or financial management expertise. The current investment committee members are: Kristin Daniels County Budget Director (County Administrator's Designee) David W. Griffis Founding Principal, Vero Beach Global Advisors Ted Libby Senior Portfolio Manager, Cypress Capital Group Bill Penney President & CEO, Marine Bank and Trust Company Also present at the meetings are the Clerk of the Circuit Court & Comptroller, Chief Deputy Comptroller, Assistant Chief Deputy Comptroller, Internal Audit Director and Senior Accountant. QUARTERLY OVERVIEW Portfolio statistics- Current and Previous Four Quarters .1 1/20 Total Portfolio - Book Value $488,414,350 $606,155,472 $58&,110,295 $569,669,560 .$549,487,156 Securities weighed averag maturity (WAM) _ �, 0,95 ears 17 ars Investment Income $4,109,593 $5,115,595 $6,236,719 $6,406,470 $6,619,832 Overall Average Yield 13.82% ECONOMIC INFORMATION During its September meeting, the Federal Open Market Committee (FOMC) cut rates by 50bp, taking interest rates to a target range of 4.75-5.0%. This decision from the FOMC was in response to data showing a slightly slower pace in hiring, even with a solid pace to growth in the economy. Although prices remained elevated, the policy makers had confidence that inflation was moving towards their target of 2%. The FOMC also signaled a high possibility of additional rate cuts through the end of the year and expectations of further cuts in 2025. This held true at their November meeting, where the FOMC cut the target rate by 25bp, taking the target range to 4.50-4.75%, and stating that, although the unemployment rate moved higher, the economy remained "solid". INVESTMENT MATURITIES As of September 30, 2024, the investments portfolio book value was $549,487,156 with a market value of $553,662,112. Of the $549,487,156 portfolio total, investments are maturing as follows: $300,000,000 $250,000,000 $200,000,000 $150,000,000 $100,000,000 $50,000,000 $0 0-12 Months 13-24 Months 25-36 Months 5 INVESTMENT TYPES As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Acts provided in F.S. 163.01, and Certificates of Deposit (CDs), Money Market Funds, and Repurchase Agreements. For the quarter ending September 30, 2024, funds were invested in the following investment types: FL 1 5.1 FT. C:T.ARC 7 450/. Attachments: Schedule 1 Portfolio sorted by type Schedule 2 Investment purchases, calls and maturities for the quarter Schedule 3 Summary of cash flows and returns by month Schedule 4 Interest earnings summary Bank ank Checking 8.05% FHLB 4.73% HLMC 4.99% 'MA 4.31% Jnited 4.44% nk 2.83% 6 IM 0o v v a 88888888888858888 8888858888 SS888888888 888888888 0 0 0 0 0 0 Ip 0 o g 0 0 o 0 0 0 0 C O o W C 0 0 0 0 0 m o 0 0 0 0 0 0 0 0 o 0 OO m G C 0 0 6 0 C 0 In ry 0 0 ry 0 0 0 0 0 O 0 O In o 0 m o. o m 0 o 0- c� 0 0 0 0 0 0 o .9 OCL 00 0 O O 0 0 o 0 o n o W o o 0 0 01 m o N 0 g o$ 0 0 o O S o O c`� O m N o 0 O o O a v n m m o IA O o O o N o O ry N p g vi o- O Vi o O e O M ooam$wm$S0000W a o o m m m o 0 0 o m Qo0m o m W 0 m o 0 0 o$oc� 0 o W m o�omvmo$o�� o 0 o m m m o o n olningolnoolo a W m o o W o o Ie N rt1 M N m N N M M M Irf M M N RI M {p N m N m m m m f/1 1'�1 N N m N N N N M m M N M N N m m N M m N N N H fA N V} V 4/} to of V N N v Nan 1 N Vf v N A to V vF N+ N to M M H N +n N of V to N 1V 1i N N N N V! 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N SA 1D ., T 100D" M o! o glo g o gl0 8 0 8 O 0 OO O 0 0 o o�S 0+8 g g o glo gjc go g o g olo o g o g og:o O O O 'O O O O f0 O O O O o 8?$�IgBg!ggo8 ll� . gs8o;$8!08 3 8i8!S 8'8�8,8999999 0 00o n0000Iol008 O'$_$�818o8 o e o 552� QI 552� 8 0 Ooo 00'025�0$8258$8S'oolO$�O$ m m M N m m M'M v m T TII ry O..m k M ,;1 or T 11'11 en T{T tI1�T N N T T Tire m ni Schedule 3 Indian River County Monthly Cash Flows and Returns For All Pooled Cash/Investment Accounts Comparison of Three Fiscal Years September 30, 2024 iotals Is 69,576,461 $ Z4,378,616 Fiscal Year 2022-2023 Cash Flow Net Fiscal Year 2023-2024 Fiscal Year 2021-2022 Monthly Average Cash Flow Net Month Change Monthly Average Total Return Quarterly Average Month Change Ending Balance Total Return Return Benchmark Yield October $ (8,145,759) $ 475,939,892 $ 1,443,566 !3.64% 5.42% 1.67% November $ 42,826,990 $ 518,766,882 $ 1,654,639 3.83% 5.28% 2.21% December $ 87,015,826 $ 605,782,708 $ 2,017,390 `4.00% 4.96%` 3.82% January $ (13,694,107) $ 592,088,601 $ 'a-2,072 705 4.20% 4.79% 2.30% February,IM $ 8,819,498 $ 600,908,099 $ 2,033,851;, 14.06% 4.92% 2.64% March $ (13,301,705) $ 587,606,394 $ :2,130,163 4.35% 4.99% i62% April $ (7,246,271) $ 580,360,123 $ 2,078,417 =4.30% 5.14May - 2.90% _ $ (12,212,592) $ 568,147,531 $; X2,194,635 4.64% 516%JuneXIM f4.20% 5.24% $ (3,467,516) $ 564,680,015 $2,133,418 $ 500,357,348 5.11% 9% July $ 12,740,950 $ 577,420,965 $ 2,233,437 4.64% 4.90% 3.36% August $ (11,084,230) $ 566,336,735 $ 2,257,389"- 4.78% 4.4396; 3.54% September $ (12,674,623) $ 553,662,112 $ 2,129,006 4.61% 4.03% L68% iotals Is 69,576,461 $ Z4,378,616 Fiscal Year 2022-2023 Cash Flow Net Fiscal Year 2021-2022 Monthly Average Quarterly Average Month Change Ending Balance' Total Return Return Benchmark Yield October $ (11,358,975) $ 445,251,207 $ 551,293 1IM111W.49%10W 4.43% Ending Balance November $ 81,589,406 $ 526,840,613 $ 732,924 1.67% 4.73% December j 3 718r570 $ _ 550,559,183 $_ 1,012,965 2.21% 4.68% 0.11% January $ (3,31.5,030) $ 547;244,153 $ 1,073,574 2.35% 4.69% February $ 8,003) $ 656,150 $ 1,039,586 2.30% 4.93% 25,611,495 March $ (8,973,954) $ 532,682,196 $ 1,173,247 2.64% 4.68% 2.43% April ; F $-,' (5,667,237) $ 527,014,959 $ 1,149,808 i62% A.�.,4.68% '11111111111111.111 May $ (4,896,353) $ 522,118,606 $ 1,260,665 - 2.90% 4.91% '511,435,027 June'< $ , (13,714,014) $ ,404,592 $ 1,244,267 2.94% 5.24% March July a $ (8,047,244) $ 500,357,348 $ 1,305,206 3.13% 5.37% 7, - August j $ _ (8,246,160) $ 492,111,188 $ 1,377,778 3.36% 5.37% $ . 196,962 September $ (8,025,537) $ 484,085,651 1,426,609 3.54% p 5.44% $ lotals j 27,475,469 To 13,347,9ZZ Pill - 196M .. . - > L6,L66,/b7 Fiscal Year 2021-2022 Cash Flow Net Monthly Average Quarterly Average Month h', Change Ending Balance Total Return Return Benchmark Yield October 302,966 $ 428,626,379 $ 83,842 0.23% 0.11% November $ 63,526,149 $ 492,152,528 $ 95,497 0.23% 0.18% December 25,611,495 $ 7,764,023 $ 115,357 0.27% 0.30% January $ 872,988. $.. 518,637,011 $ 110,825 0.26% 0.55% February, (7,201,9 '511,435,027 $ 126,277 0.30% _ 1.00% March $ (17,106,146) $ 494,328,881 $ 168,081 "` 0.41% 1.34% „ 11,32% April {11,640,607) $ 482,688,274 $ . 196,962 0.49% ', 1.89% May $ (51845,338) $ 476,842,936 .fir` , 249,016 0.63% 2.06% June 9,580,769 467 262 16 286,335". .0.74% 2.65% July .:. $ ..: 6,361;893 $ 473,624,060 355,245 _ : 0.90% 3.02% _ ... .. . . August' (5,770,624) $ 85 442,294 X1.13% - 3.28% September $ (11,243,254) $ 456,610,112 470,674 1.24% 3.89% 1.09% 196M .. . - > L6,L66,/b7 Schedule 4 Indian River County Pooled Interest Earnings Analysis Comparison of Two Prior Fiscal Years With Current Fiscal Year September 30, 2024 Portfolio FLCLASS-Landfill FLCLASS-BOCC FL STAR Banks - Qualified Public Depositories Utilities Reserve Interest Earned Return Interest Earned Return Interest . Earned Return s 7D Bank BankUnited MM Valley Natl Bk MM Marine Bank MM Regions Bank MM Regions -Lockbox $ ,. 23:.' &P.02% Interest rn Earned Return Interert Earned Return Interest Earned Return Interest Earned Return Interest Earned Return Interest Earned Return $ ,43 0.04% $ 1,751 0.08% .36% ° 2, ,"0.10% ire $ 5,767 0.17% $ 2,078 0.08% $�. 0.02%� " 0.01% $ 1,621 0.60% ,Jln .35% $ 2,127 0.10% $ 5,562 0.17% $ 2,271 0.08% $ 155 " : : 0.02% $ 137 0.01% $ 2,121 0.60% 11,3 10.47% .38% d 2,453 ND.10% $ 5,7fi9 0.17% $ 2,340 0.08% WMIJIM.02% $ 12,912 0.76% 0.01% $ 1,709 0.60% $ 6,464 - p.07% .37% $ 2,010 0.10% $ 5,406 0.17% $ 2,340 0.08% $ 140 0.02% $ 192 ' : 0.01% $ 1,869 0.60% "Aug -22 .42% 1,843 x0.10% $ 4,493 0.17% $ 2,014 0.08% $. .02% : ? 0.01% $ 1,187 0.60% M8r-22 $ . .142,776 0.52% $, " 1,624 - 0.10% $ 4,593 0.17% $ 1,823 0.08% $.140 0.02% $ .3•' 0.01% $ 960 0.60% Apr -22 ; .56% ft, 2,39 X0.2096 -pec-22 0.35% $ 3,009 0.19% $j .02%' V N W ,= 0.01% $ 887 0.60% May -22 $ 172,969: : 0.63% $ 2,452 0.20% $ - :1059 0.65% $ 5,525 0.33% $ 13S 0.02% $' ' " 18 0.01% $ 991 0.80% 'Jun -22 WAMINFAIM M-65% -`.65% _ 6,68 X0.60%, ,�ZjgffW 0.60% $ 8,275 0.76% $ 1.02% f !" 0.01% $ 1,875 1.40% Jul -22 $ 18,,660 0.70% $ 12,176 0.95% $ 27,198 1.31% $ 12,227 1.17% $ � � 'IIID 0.02% $ 115 0.32% $ 2,040 2.00% Aug -22 . ,. 72%w ,4 609"6 j8 1.95% $ 18,989 1.63% , ,18% �j 1 a � 1.26% � ' $ 3,5' % Sept -2Z _ $ 207,261 0.77% $ 22,816 L60% $ 41,166. 2.10% $ 25,292 2.33% $ .172 0.20% $ 2,M ' . 1.49% $ 3,393 2.60% bldt-22 $ 224, ,:85% t i,4 _ 'SO% $_ �2,466 `" 2.59% `$ `28,995 2.58% '- 73% $ 3,5161W, 2.02% $ 2,125 2.60% .. Nov -22 $ 338,785 - . 1.15% $ 53,580 3.20% $ 53,572 3.42% $ 34,000 3.17% $ 0.17 .. 1.21% $ 5,000 2.74% $ 2,985 3.20% Dec -22 $ 426,946 "'j&.36% 55,032 3.20% $ 79,524 3.60% $ 63,499 3.75% $ 10,613 t .53% $ 25,859 3.10% $ 2,608 3.60% Jan -23 $ 457,744 1.45% $ : 94,384 - - 3.70% $ 92,588 4.07% $ 76,374 4.19% $ 10,650 2.53% $ 24,510 3.30% $ 2,886 3.60% Feb -23 $ 457,472 50% ;55,7 3.70% $ 85,653 4.15% $ 71,579 4.33% $ 9,639. 3% $ 21,772 -; 3.55% $ 2,603 3.80% Mar -23 $ 518,620 - 1.68% $ 58,831 3.85% $ 96,390 4.35% $ 82,563 4.57% $ 11,384 2.53% $ 24,772 3.63% $ 2,979 4.00% "Apr -23 $ 534,612W.76% .57,2 =:4.00% $ 89,223 4.51% $ 70,118 4.81% $ 10,925 IM.86% $ 18,419, '. 3.82% $ 2,095 4.00% .. May -23 $ 566,145 . 1.90% $ 77,123 4.25% $ 97,766 4.77% $ 86,040 5.00% $ 17,196 . 4.08% $ 22,211 4.03% $ 2,696 4.20% :Jun -23 $ 589,516 ,,WP.03% ft60,721JU4.25% $ 95,776 4.85% $ 82,236 5.24% $ 17,812. 08% $ 18,072 °, 4.07% $ 1,644 4.20% Jul -23 $ 646,151 2.26% $ 74,091 - 4.25% $ 88,071 4.85% $ 85,875 5.27% $ 16,196 4.08% $ 5,157 1.17% $ 2,983 4.40% Aug -23 $ 692,176 0.47%'.;70,665& 1:4.40% $ 90,013 4.94% $ 86,761 5.30% $ 17,370 X53.08% $ 18,728 4.28% $ 2,534 4.40% Sept -23 $ 752,636 2.69% $ 70,836 4.40% $ 90,270 5.10% $ 85,096 5.33% $ 17,429 4.08% $ 18,433 4.49% $ 2,586 4.40% Oct -23 $ 755,652 ',, .88% .."'71,330 ''4.40% $ 86,261 5.10% $ 90,459 5.24% $ 16,923 .?4.08% $ 20,414, ' 4.49% $ 2,198 4.40% Nov -23 $ 967,498 3.29% $ 73,230 4.40% $ 85,257 5.10% $ 88,908 5.46% $ 16,979 4.08% $ 27,890 - 4.49% $ 2,896 4.40% Dec -23 $ 1,125,362 p :: '.47% $ 102,930 .;4.40% $ 110,777 5.10% $ 115,902 5.46% $ 17,604 4.08% $ 63,570 ;__ 4.77% $ 2,861 4.40% Jan -24 $ 1,155,249 3.55% $ 86,866 ,- 4.80% $ 115,709 5.10% $ 118,278 5.46% $ 17,615 4.07% $ 77,507 4.77% $ 2,279 4.40% Feb -24 $ 1,170,757 .66% $ 66,603 X4.80% $ 108,701 5.70% $ 111,146 5.46% $ 16,533.= `..07% $ 68,405 , „ 4.77% $ 2,250 4.40% Mar -24 $ 1,213,061 9.82% $ 92,502 4.80% $ 116,656 5.10% $ 119,313 5.46% $ 17,731 4.07% $ 68,658 4.77% $ 2,062 4.40% Apr -24 $ 1,213,101 :%% $ 77,527, 4.80% $ 113,370 5.10% $ 108,605 5.12% $ 17,217 A7% $ 73,363,W, 4.77% $ 1,902 4.40% May -24 $ 1,307,333 4.13% $ 98,242 4.80% $ 116,810 5.10% $ 112,346 5.12% $ 19,004 4.07% $ 62,059 4.77% $ 2,044 4.40% Jun -24 $ 1,338,023 .33% $ 100,185X,4.80% $ 106,138 5.10% $ 101,514 5.12% $ 16,178 =:07% $ 56,302;:.; 4.77% $ 1,511 4.40% Jul -24 $ 1,349,840 4.43% $ 160,485 4.80% $ 107,673 SAD% $ 105,328 5.12% $ 17,969 4.07% $ 66,594 4.77% $ 1,935 4.40% Aug -24 $ 1,37:4736 4"W4.48% $ 187,406`x''4.80% $ 102,134 5.10% $ 105,774 5.12% $ 19,196 . �:07% $ 60,794 -( 4.77% $ 1,427 4.40% -24 Set$. 4.53% $ 164,084 4.80% $ 95,409 4.90% $ 101,839 5.12% $ 15,984 - : 3.98% $ 50,435 2.63% $ . },262 4.00% FLCLASS-Landfill FLCLASS-BOCC FL STAR FL Trust -Day to Day Utilities Reserve Interest Earned Return Interest Earned Return Interest . Earned Return Interest Earned Return Interest Earned Return Mo/Yr Oct -21 $ 377 '.06% -; 1, ',0.06% $, '723 0.04% $ 538 0.02% $ ,. 23:.' &P.02% Nov -21 $ 534 0.09% $ 2,008 0.09% $ 701 0.04% $ 509 0.03% $ 23 0.02% Dec -21 $ A, 636 : .10%��`, 3,06M'0.10% $ ,43 0.04% $ 1,751 0.08% $ : 23` .02% Jan -22 $ 624 0.10% $ 2,968 0.10% $ 754 0.04% $ 1,865 0.10% $ 23 0.02% .Feb -22 $ _ `x' 647 ,11%"'' 2,92"0.11% 0.11% $ 655 0.04% $ 2,494 0.15% 23-` .02% Mar -22 $ 1,700.0.27% $ 7,064 0.27% $ 2,668 0.16% $ 4,692 0.25% $ 23 - 0.02% Apr -22 $ ,846 „ .47%^ 11,3 10.47% $ 5,463 0.33% $ 7,563 0.42% $ Y" 23`'IM.02% May -22 $ 4,769 0.75% $ 18,870 0.75% $ 12,912 0.76% $ 14,465 0.78% $ 931 0.95% Jun -22 $ 6,464 - p.07% W _26,2 .4:07% $ 19,197 1.17% $ 20,779.',= 15% $,931';* x.95% Jul -22 $ 9,963 1.61% $ 40,675 1.61% $ 28,685 1.68% $ 31,496 1.60% $ 931 0.95% "Aug -22 _ $ 13,413 z ,16% t'S4,7 ^2.16% $ 37,512 2.20% $ 46,000,16% $� 931`x.95% Sept -22 $ 15,224 2.54% $ 62,425 2.54% $ 39,891 2.41% $ 50,529 2.44% "Oct -22 $ 23AW11ft,.17% V-#A1LftjW'3.17% $ 50,257 2.93% $ 62,593 ," "W!l% Nov -22 $ 27,516 3.83% $ 83,132 3.83% $ 59,417 3.58% $ 74,935 3.58% -pec-22 }.33% $ 127,1 -4.33% $ 68,369 3.97% $ 111,133 . 97% Jan -23 $ 34,143 4.57% $ 132,744 4.57% $ 74,533 4.31% $ 113,018 . 4.26% `Feb -23 x'4:73% $ 124,5 X4.73% $ 71,541 4.57% $ 106,98856% " Mar -23 $ 36,212: :.. 4.82% $ 138,643 4.82% $ 81,683 4.69% $ 121,100 4.70% Apr -23 " " .,&` z' .99% $ 133,75 14.99% $ 82,245 4.87% $ 114,638 #&84% May -23 $ 31,001 5.14% $ 143,230 _ 5.14% $ 88,851 5.06% $ 122,399 4.99% - iffJun-23 .22% $ 137,8 ,5.22% $ 86,882 5.10% $ 118,1018% Jul -23 $ 37,512 5.29% $ 139,546 5.29% $ 90,733 5.13% $ 118,889 5.16% „ ,48, .. 43% $ ... 94,442 _:. 5.33,46 $ 122,594 ' 5 $ 39,451: :.. SA7% $ 136,493 5.47% $ 92,421 S35% $ 120,958 S.37%" .50% $ 128,2 '5.50% $ 95,972 5.35% $ 126,135 40% Nair�25 ¢ 41,751 5.53% $ 125,295 5.53% $ 93,475 5.36% $ 124,453 5.48% '3.48% $ 164,924, -5.48% $ 97,207 5.37% $ 166,089 1% . :. JaLw24 $ 50,1$3. , : 5.47% $ 175,540 5.47% $ 97,440 5.36% $ 176,039 .:$.47% -.43% $ 163,8021M:5.43% $ 91,081 5.33% $ 165,746 AS% Mar -24 ¢ . 50,064 5.41% $ 175,124 9.41% $ 97,874 5.34% $ 177,118 5.45% Apr -24 .39% $ 163,7 5.39% $ 95,140 5.34% $ 165,768 " 3% May -24 ¢ 50,221 5.38% $ 162,557 5.38% $ 98,703 5.34% $ 165,316 5.44% - 'Jun -24 'J.38% $ 133,3 " 3.38% $ 95,937 5.34% $ 135,946 ".5% Jul -24 $ 50.145, : 5.39% $ 136,374 5.39% $ 99,494 5.33% $ 137,600 . $A2% Aug -24 _ ,� � `"��.38% $ 128,62 `5.38% $ 99,649 5.32% $ 130,432 2% Sept -24 . 47 1 5.24% $ 120,833 - 5.24% $ 94,063 5.16% $ 122,797 , 530% ' Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 J`4�couMrro • « TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Chief Deputy Comptroller THRU: Ryan L. Butler, Clerk of the Circuit Court and Comptroller DATE: December 6, 2024 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 9/30/2024 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the fourth quarter of fiscal year 2024. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on December 5, 2024. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. 13 3 a N� N C Q Q .. m f11 '00 C N C O .moi OT1 v1 00 t0 N N V�1 000 I� of N n n v1 of � t eq rt, e m a h lD rl � o m a o M � m m tri m T T T T N N of N 01 til I� �i Buri omm tri v v v1 +A O n m Lq -c ri ro ri N tb to ae ri rry N N N a - Vf t V1 Vf N N q N N C f ~ a N N N of Vf Vf N N map mmNtu'nv oma �� e N N Vf N N N N INO bO� 4YgOf N N N N N N N N IV 00 tD t0 N V1 tT m 7 N Q N N ti V1 m H ti N T tIt N N Y y ,m _E g a d s W v Z �0 i a aEi Yp E E 0 0 U dj oOR m > > z — w v t N W N C O a O O C C g O 2 N O 25 E caljv0 E� r �a W Y ¢ o a = Ul W Eca N N N Cc N m yN1 F V= Y J H F O+ m = W, O W Z 2 m m m m~ N m m 0 a m S O Z O v O P d9N z O c c c c O 1- c q W Z c Q NQ z N V1 tb al fT W»»c T N N p N 0 O t vXf O� vX1 � W� O b O ~ 0 N N N N N m 0 4S ci 8b 2 W W LL W m 666"' 0 LLO O x N z O � 2 O 6 C Q Q '00 C LL a A `! C f ~ W ` X C O t0 U C O D A m 7 > l7 Q _E g a d s v z N V V E E 0 0 U O K a nl z f m o X N O+ m m uXi F- 2 ao a to o T m a1 m .r QQ z N V1 tb al fT n V1 T N N m S T V W W m 666"' 0 W o f 2 X X X X X X X X X X X z1= W arvery to rvoTa m mmn to mT mT a .r ¢ 2 l0 W O1 Oi n tri ? T O f m = Y = d m z i 2'Nv vr= E o 9 v O v u w m m e o o<<m Eq; d= s 3 r� Yc¢avY CE'$ °1W 2 o F 6 w O y1 'O N « W N E` O O. N�� N W O r N� 1L V irxbe V U xx YYN11 � 1y N CCCC1 rl Oy c N 4t > > > > h' > > F > f Ryan L. Butler Clerk of Circuit Court & Comptroller P.O. Box 1028 Vero Beach, FL 32961-1028 Telephone: (772) 226-3100 TO: Board of County Commissioners FROM: Irene Haas, Accounting Supervisor THRU: Ryan L. Butler, Clerk of the Circuit Court and Comptroller DATE: October 30, 2024 SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 9/30/2024 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in the Clerk's office for quarters ended September 2023 and 2024. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. 15 �o �o e oa CV 00 M U go as a ON rn d Lqr � 9 N w y � Q G 6R 669 o e p N n 0 F n N C �O v1 N w ON 00 6 � O W) N 0000 ad ON aW" GAY 0 0 0 [� 00 C y� l� N O MO W b e N O NW �o N 0000 V O� 69 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 J\A'CouNTyc o� u w n TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy Comptroller THROUGH: Ryan L. Butler, Clerk of the Circuit Court and Comptroller DATE: December 1, 2024 SUBJECT: Dori Slosberg Driver Education Safety Act Driver Education Program Trust Fund Report Cumulative Reporting Through 09/30/24 BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Driver Education Program Trust Fund (Fund 137), formerly known as the Indian River County Traffic Education Trust Fund. This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court & Comptroller. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. On February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Provided is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. As of September 30, 2024, the balance in the Fund is $284,297. The Clerk's office will continue to provide a quarterly report of the Driver Education Program Trust Fund activity pursuant to Indian River County Code of Ordinances § 305.09. 17 00 to N V LO � ' t` CLn cv CU Ui o a) T a7 x C a) a) C 5 '0C: C6 W O VJ C6 (6 Z U @ L N N N w E w 0- N 00 � C O r- co It 00 00 ti N N 0 H _ 69 69 64 N O 00 00 T CD I- M m N I` q* qt M CD 0) d' N N co 0) � T T CD CD N N O O I- CO T O O T N � MTI,- NN m M 00 NNN O N N LL O07 r 69 64 T LO CD O O CD O co N CO) - ON � � OM M CO) N N O COD N O O 00 OO CD T T vt 00 N N N LO N N Cl) 0) M N T C M N LL p) O T T N Kt It 00 N O N LO P- M N N N 000 0 O It 'd' N O O N M 00 00 It Cl) 00 O N N It It N N T CO 0) OT T OO M LL O) �- 69 69 T M ' ' ' 'IT 00 N r. N N T M M It r_ N O O O O O M M O N N L() LO Ln co 00 N O T T LL O 0) 64 � Kt LO O) 00 00 T ti Cb O O N Cl) N � O r N LN LN CcD O N co N N LO Lf N N N O } O T T C M LL CD O e- 69 64 CD CD N Ln LO I` N O m M 0000 T- M N N CD co p 0 00 O Cb M M Ln L.6 N N CD M M M O O 0) O O M r Q) Hi 64 00 to ca O N V 7 .+ '0 `C W cv CU Ui o a) T a7 x C a) a) C 5 '0C: C6 W Z @ C6 (6 Z U @ L W a) ��° ate~ U w E w 0- z Ui 00 Consent Agenda December 17, 2024 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 17, 2024 SUBJECT: FY 2023-2024 Records Management Compliance Statements FROM: Kimberly K. Moirano, Records Management Liaison Officer Description Florida Public Agencies are required to maintain specific information documenting the disposition of public records. According to Rule 1 B-24.003(11), Florida Administrative Code, each agency is required to submit an annual statement to the Division of Library and Information Services, Florida Department of State, which includes a signed Records Management Compliance Statement attesting to the agency's compliance with Florida public records disposition laws, rules and procedures. Attached are the annual Records Management Compliance Statements for Fiscal Year 2023-2024 for the Indian River County Board of County Commissioners, Solid Waste Disposal District Indian River County and Indian River County Emergency Services District. Attachments: Letters dated November 1, 2024 from the Florida Department of State and Record Disposition Compliance Statements for the Indian River County Board of County Commissioners Office, Solid Waste Disposal District Indian River County and Indian River County Emergency Services District. 19 RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2023-2024 Agency ID C0620500 'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term agency' shall mean any state, county, district. or municipal officer, department. division. bureau. board, commission. or other separate unit of government created or established by law. It is the duty of each agency to (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records " 'Rule 1B-24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92 29, F S... Photographic or electronic copies... Prior to records disposition agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following. 1 Records retention schedule number 2. Item number, 3. Record series title: 4. Inclusive dates of the records 5 Volume in cubic feet for paper records: for electronic records. record the number of bytes and/or records and/or files if known or indicate that the disposed records were in electronic form, and 6 Disposition action (manner of disposition) and date " Please complete and return this compliance statement by December 31, 2024 (submit one copy only, please) to Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 20 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1 B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, C including email; microfilm; audio; video; etc.). O ❑X Yes ❑ No (Unmarked responses will be recorded as not in compliance.) v w 2. This agency disposed of 53 . 71 cubic feet of records during the fiscal year indicated above. =i 3. This agency disposed of records in electronic form during the fiscal year indicated above. Q 0 U © Yes ❑ No (It is not necessary to indicate volume of electronic records disposed.) Q 4. ❑ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on C the reverse side of this Q Agency Head Signature: 4a Date: December 6, 2024 OName of Agency Hea ( ase print): Joseph E. F 1 e s the r U Title of Agency Head (please print): Chairman oPlease indicate changes to Agency Information on the lines provided on the right. r Current Information: E Please do not erase or cover information below. Indicate changes or additions on the lines below. O I- Agency Name: Indian River County Board of County Commissioners _- U — Agency Head: Ms Susan Adams Joseph E. Flescher, Chairman g y N U Address: 1801 27th Street = O Building A Q Vero Beach. Florida 32960-3365 Section 257.36(5)(a), Florida Statutes.' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, = please designate an RMLO for your agency on the lines provided on the right. 0 Current Information: M Please do not erase or cover information below. Indicate changes or additions on the lines below. RMLO: Ms. Kimberly Moirano Taree Glanville O O Address: 1801 -27th Street 1801 - 27th Street, Building_ A O O Building A Vero Beach, FL 32960-31388 Vero Beach. FL 32960-3365 Phone: (772) 226-1442 Ext.: .. (77 2) 226-1424 Email: kmoirano@ircgov.com tglanville@indianriye l.,goy 'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term agency' shall mean any state, county, district. or municipal officer, department. division. bureau. board, commission. or other separate unit of government created or established by law. It is the duty of each agency to (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records " 'Rule 1B-24.003(9), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92 29, F S... Photographic or electronic copies... Prior to records disposition agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following. 1 Records retention schedule number 2. Item number, 3. Record series title: 4. Inclusive dates of the records 5 Volume in cubic feet for paper records: for electronic records. record the number of bytes and/or records and/or files if known or indicate that the disposed records were in electronic form, and 6 Disposition action (manner of disposition) and date " Please complete and return this compliance statement by December 31, 2024 (submit one copy only, please) to Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 20 RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2023-2024 Agency ID: N0000527 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records." 2Rule 1B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F S., Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1. Records retention schedule number; 2. Item number; 3. Record series title; 4. Inclusive dates of the records, 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 31, 2024 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 21 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, Cincluding email; microfilm; audio; video; etc.). Yes ❑ No (Unmarked responses will be recorded as not in compliance.) 2. This agency disposed of 0 cubic feet of records during the fiscal year indicated above. _ t 3. This agency disposed of records in electronic form during the fiscal year indicated above. V ® Yes ❑ No (It is not necessary to indicate volume of electronic records disposed.) v 4. ❑ Check here if you would like to be con cted for assistance. Indic a your questionsiareas of concern on N C the reverse side of this fo .Q Agency Head Signature: ate: December 6, 202 UName of Agency Head I seprint): Joseph E. Flescher Title of Agency Head (please print): Chairman C Please indicate changes to Agency Information on the lines provided on the right. O ':.. Current Information: = E Please do not erase or cover information below. Indicate changes or additions on the lines below. >= C Agency Name: Solid Waste Disposal District Indian River County +� a v — Agency Head: Ms. Susan Adams Joseph E. Flescher, Chairman 9 Y (D U) Address: 1801 27th Street C O Building A Q Vero Beach, Florida 32960-3365 Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, = please designate an RMLO for your agency on the lines provided on the right. C Current Information: t4 Please do not erase or cover information below. Indicate changes or additions on the lines below. O_ L. O RMLO: Ms. Kimberly K.Moirano Taree Glanville V _ Address: 1801 - 27th Street 19 01 - 2 7 t h S t r P a t, R i i i l H i n a A N O Building A J Vero Beach, FL 32960-3388 Vero Beach, FL 32960-3388 Phone: (772) 226-1442 Ext.: (7 7 2) 226-1424 Email: kmoirano@ircgov.com tglanville@indianriver.gov 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records." 2Rule 1B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F S., Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1. Records retention schedule number; 2. Item number; 3. Record series title; 4. Inclusive dates of the records, 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 31, 2024 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 21 RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2023-2024 Agency ID: N0000164 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records." 2Rule 1B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1. Records retention schedule number, 2. Item number; 3. Record series tifle; 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form, and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 31, 2024 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 22 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1 B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, Cincluding email; microfilm; audio; video; etc.). ® Yes ❑ No (Unmarked responses will be recorded as not in compliance.) v 2. This agency disposed of 0 cubic feet of records during the fiscal year indicated above. 'C 3. This agency disposed of records in electronic form during the fiscal year indicated above. d wV Qx Yes ❑ No (It is not necessary to indicate volume of electronic records disposed.) v 4. ❑ Check here if you would ' e to be contacted for assistance. Indicate your questionsfareas of concern on to the reverse side of thi o .Q Agency Head Signature: Date: December 6, 2024 VName of Agency He ease print): Joseph E. Flescher Title of Agency Head (please print): Chairman OPlease indicate changes to Agency Information on the lines provided on the right. ,r Current Information: E Please do not erase or cover information below. Indicate changes or additions on the lines below. C i- Agency Name: Indian River County Emergency Services District O v0. Agency Head: Ms. Susan Adams Joseph E. Flescher, Chairman v Address: 1801 27th Street = d Building A Q Vero Beach, Florida 32960-3388 Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, r please designate an RMLO for your agency on the lines provided on the right. 0 Current Information: M Please do not erase or cover information below. Indicate changes or additions on the lines below. RMLO: Ms. Kimberly K.Moirano Taree Glanville O O Address: 1801 -27th Street 1801 - 27th Street, Building A 41O Building A Cl)J Vero Beach, FL 32960-3388 Vero Beach, FL 32960-3388 Phone: (772) 226-1442 Ext.: (7 7 2) 226-1424 Email: kmoirano@ircgov.com tglanville@indianriver.gov 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active and continuing program for the economical and efficient management of records." 2Rule 1B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1. Records retention schedule number, 2. Item number; 3. Record series tifle; 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form, and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 31, 2024 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 22 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: David Kiernan, Deputy Fire Chief, Department of Emergency Services DATE: November 25, 2024 SUBJECT: Approval for Advance Purchase of Fire Rescue Apparatus It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next regular scheduled meeting. DESCRIPTIONS AND CONDITIONS: Indian River County Fire Rescue budgeted for the purchase of one (1) replacement Aerial Platform Fire Suppression Apparatus (Ladder 14) in Year 5 (Fiscal Year 2027/2028) of the approved Fiscal Year 2023/2024 Capital Improvement Element (CIE). All emergency vehicle manufacturers are experiencing extensive delays in manufacturing due to continued shortages in materials and experiencing rising costs due to new EPA mandates. The current build time is estimated at a minimum of 35-37 months for Fire Suppression Apparatus (with other possible unforeseen delays), any orders placed today would put the delivery into Fiscal Year 2027/2028. The cost of the apparatus has also steadily risen by 3% annually. The total cost of the Fire Rescue Suppression Apparatus programmed into the CIE for Fiscal Year 2027/2028 is $2,000,000. Although the funds would not be expended until delivery, Staff is requesting the Board's approval to allow a Purchase Order to be issued prior to Fiscal Year 2027/2028 to be able to pre -order the Fire Rescue Apparatus and secure Sourcewell Contract #113- SUT pricing of $2,068,670, which is $68,670 above the original budgeted amount. Historically, Sutphen has two price increases annually ranging between 3%-6% total, one on January 1 sc of each year and other mid -year. Therefore, by pre -purchasing the apparatus, the County will save a minimum of 9%, or $186,180, of the total cost. FUNDING: Funding for Ladder 14 replacement, in the amount of $2,068,670, will be budgeted and available in the Emergency Services District/Fire Services/Automotive account, number 11412022-066420. Account Name I Account Number Amount Emergency Services District/Fire Services/Automotive 1 11412022-066420 $2,068,670 RECOMMENDATION: Staff recommends the Board authorize the Purchasing Division to issue a Purchase Order in the amount of $2,068,670. ATTACHMENT: Sutphen Quote Justification for Replacement Memo 23 r '# SUTPHEN 6450 Eiterman Road Dublin, OH 43016 PROPOSAL TO THE: Indian River County Fire Rescue DATE: December 1, 2024 Assistant Chief Sean Gibbons 422543 d Avenue Vero Beach, FL 32967 We hereby propose and agree to furnish the following firefighting equipment upon your acceptance of this Proposal and the Terms and Conditions there in: One (1) Sutphen Heavy Duty MONARCH SPH100 AERIAL PLATFORM Complete and Delivered for the Total Sum of ................... $20068,670.00 ** Cost based on Sourcewell Contract # 113021- SUT NOTE: If the invoice for the truck is paid in full within 72 hours of its' arriving at South Florida Emergency Vehicles, you may deduct $15,000.00 for a payment of $2,053,670.00. The apparatus and equipment being purchased hereunder shall be completed within approximately 35-37 months after the Sutphen's receipt and approval of Purchaser's acceptance of this Proposal. This Proposal shall be valid for 30 days. If a Purchase Agreement or Purchase Order is not received by Sutphen within 30 days of the date of this Proposal, Sutphen reserves the right to extend, withdraw, or modify this Proposal, including pricing, delivery times, and prepayment discounts, as applicable. Respectfully submitted, 6 Vid Guy Lombardo South Florida Emergency Vehicles Authorized Representative for Sutphen Corporation 573-216-2562 24 TERMS & CONDITIONS Changes to National Fire Protection Association ("NFPA") 1900, Environmental Protection Agency ("EPA") or changes legislated by Federal, State or Local Governments or changes in parts availability or vendor relationships that impact the cost to manufacture the truck may incur additional charges which shall be home by the Purchaser. These may include but are not limited to changes that affect the major vendors of the fire apparatus industry such as pump manufacturers, seat manufacturers, electrical power supplies (generators) and powertrain (engine & transmission). Any such changes shall be documented on a change order executed by both Sutphen and Purchaser. Sutphen shall provide written notice to the Purchaser as soon as it reasonably believes any cost increase provision may be invoked. Sutphen shall provide, upon written request, documentation of such changes and increases. Sutphen will use its reasonable best efforts to deliver the apparatus within the timefiame quoted herein, provided that such delivery date shall be automatically extended for delays beyond Sutphen's control, including, without limitation, strikes, labor disputes, riots, civil unrest, pandemics, war or other military actions, sabotage, government regulations or controls, fire or other casualty, or inability to obtain materials or services. If such delay occurs, Sutphen shall give notice of delay to Purchaser. Purchaser shall not be entitled to any discount or reduction in price for such delay and Sutphen shall not be liable for any damages (compensatory, incidental, consequential or otherwise) related to such delay. Final payment shall be made within 72 hours of the unit arriving at the dealership to receive the stated discount, FULL payment must be made at the time of delivery of the completed truck. Any loose equipment, shelving, and graphics will be completed by the dealership. Should payment be delayed, Sutphen reserves the right to charge interest at the rate of one and one-half percent (1.5%) per month, beginning on the day after payment is due. Transfer of the Manufacturer's Certificate of Origin (MCO) shall take place upon payment in full in accordance with these terms. Sutphen reserves the right to withhold delivery of the MCO until payment in full is received. The apparatus shall be tested per NFPA #1900 at Sutphen's manufacturing facility. Purchaser agrees that the apparatus and equipment being purchased hereunder shall not be driven or used in any manner until it is paid for in full. In the event there are any shortages or omissions with the apparatus at time of completion, Purchaser may withhold a sum equivalent to the price of any such shortages as determined by Sutphen. In the case of any default in payment hereunder or in the payment on any notes, negotiable paper, obligations or other instruments issued by Purchaser, Sutphen may take full possession of the apparatus and equipment or of the piece or pieces upon which default has been made, and any payments that have been made theretofore shall be applied as rent in full for the use of the apparatus and equipment up to the date of taking possession by Sutphen. Sutphen warrants to Purchaser that all goods and services furnished hereunder will conform in all respects to the terms of this order, including any applicable change orders, drawings, specifications, or standards incorporated herein, and/or defects in materials, workmanship, and free from such defects in design. In addition, Sutphen warrants that the goods and services are suitable for and will perform in accordance with the purposes for which they were intended, for a period of one year from the Warranty Registration Date, unless an extended warranty is purchased. The purchase price provided for herein does not include any federal, state or local sales tax, duties, imposts, revenues, excise or other taxes which may hereafter be imposed by governmental authority or otherwise and which are made applicable to the apparatus or equipment covered by this Proposal. In the event that any such taxes are subsequently imposed and become applicable, the purchase price herein shall be increased by the amount of such taxes and such sum shall be immediately paid by Purchaser to Sutphen. To the extent applicable, the prices and deliveries set forth herein are subject to the Defense Production Act. Sutphen shall provide insurance insuring the apparatus and equipment against loss by fire, theft, or collision and insuring against property damage and personal injury through the completion of the apparatus and transfer of the Manufacturer's Certificate of Origin. After the execution of this Agreement, Purchaser shall have no right to terminate the Agreement. Sutphen may, in its absolute and sole discretion, accept Purchaser's request to terminate the Agreement. In the event Sutphen accepts Purchaser's request to terminate the Agreement, Sutphen may charge a cancellation fee. The following charge schedule based on costs incurred may be applied, at Sutphen's sole discretion: (a) 10% after order is accepted by Sutphen; (b) 30% of the Purchase Price after production has commenced. The cancellation fee may increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. These Terms and Conditions ("T&C') contained in the Proposal provided herein take precedence over all previous negotiations, oral or written, and no representations or warranties are applicable except as specifically contained in these or in any subsequently signed agreement between the Parties. No waiver of any of the provisions of these T&C shall be deemed a waiver of any other provision, whether similar, nor shall any waiver constitute a continuing waiver. If a Purchase Order is issued, this Proposal, including the Terms and Conditions contained herein, shall supersede the terms in the Purchase Order where terms may be inconsistent. This Proposal shall be governed and controlled as to interpretation, enforcement, validity, construction, effect and in all other respects by the laws, statutes, and decisions of the State of Ohio. Exclusive jurisdiction and venue for any litigation at all related to this in the Franklin County Court of Common Pleas, Columbus, Ohio, and the parties hereto consent and submit to the general jurisdiction of this court. All of these T&C shall be binding upon and inure to the benefit of and be enforceable by Sutphen, Purchaser, their successors and assigns. It HS- Indian River County Fire Rescue, Florida Of !di4 Sutphen SPH1O0 Aerial Platform Order#: DQ017926-1 Component Report P P Address: Finance Department Contact: Sean Gibbons Dealership: South Florida Position: Assistant Chief Emergency Vehicles Phone: 772-226-3863 2 Mobile: 772-473-7393 1 Email: sgibbons@ircgov.com Bill To Ship To Customer: Indian River County Fire Rescue Customer: Emergency Operations Center Contact: Sean Gibbons, Assistant Chief Contact: Sean Gibbons, Assistant Chief Address: Finance Department Address: 4225 43rd Avenue County Administration Building Facility = Dublin Vero Beach, Florida 32960 Vero Beach, Florida 32960 Comments Project Manager: Sales Person: Guy Lombardo Revision Level: Truck Type: Quote Line Number 1 Line Item # Qty Item Description/Comments Unit Price Extended Price 1 Dublin 1 Facility = Dublin $0.00 $0.00 2 1 **ENG Pump Module Series = Customized Module $0.00 $0.00 3 1 **ENG Electrical System = Point -to -Point $0.00 $0.00 4 Sourcewell i Cooperative =Sourcewell contract # 113021-SUT $0.00 $0.00 5 10000100 1 INTENT OF SPECIFICATIONS - CUSTOM APPARATUS $0.00 $0.00 6 10000200 1 PROPOSAL DRAWINGS $0.00 $0.00 7 10000210 1 APPROVAL DRAWINGS $0.00 $0.00 8 10000225 1 STD WIRING SCHEMATIC (USB) $0.00 $0.00 9 10000301 1 PRECONSTRUCTION CONFERENCE, ZONE 2 **incl on line 464 $4,896.00 $4,896.00 10 10000311 1 FINAL INSPECTION TRIP, ZONE 2 incl on line 464 $4,896.00 $4,896.00 11 10310100 1 CHASSIS $0.00 $0.00 12 10010006 1 CHASSIS, CUSTOM $508,395.00 $508,395.00 13 51070236 1 WHEELBASE = 236 $0.00 $0.00 11/12/2024 26 Line Item # Qty Item Description/Comments Unit Price Extended Price **ENG Wheelbase Note = Wheelbases and component 14 1 designs may be subject to change pending finalized $0.00 $0.00 designs from Cummins on 2027 EPA compliant aftertreatment systems. 15 1 **ENG PTA Number = TBD $0.00 $0.00 16 25020120 1 FRAME, 10" DOUBLE RAILS, DOM EX, TANDEM AXLE - $15,462.69 $15,462.69 AERIAL (110K PSI) 17 45040100 1 FRONT BUMPER CLIP $0.00 $0.00 18 45010001 1 FRONT TOW EYES, BELOW BUMPER, PAINTED $0.00 $0.00 19 46010000 1 REAR TOW EYES, PAINTED $0.00 $0.00 20 40010250 1 STEERING - ROSS TAS -85 $0.00 $0.00 21 22010100 1 DRIVE LINE, SPICER, 1810 SERIES (Tandem) $1,291.30 $1,291.30 22 23015100 1 ENGINE, CUMMINS X10 HHD 450HP DOC-DPF-DEF-SCR $0.00 $0.00 OBD 23 23029200 1 ENGINE WARRANTY, 5 YEAR, 100,000 MILES FOR $0.00 $0.00 CUMMINS (X SERIES) 24 23029400 1 AFTERTREATMENT WARRANTY, 5 YEAR, 100,000 MILES $0.00 $0.00 FOR CUMMINS (X SERIES) 25 23030006 1 AIR INTAKE/EMBER SEPARATOR $0.00 $0.00 26 23031176 1 FUEL FILTER/WATER SEPARATOR, PRIMARY, $0.00 $0.00 FLEETGUARD FUEL PRO FH230 27 23031220 1 FUEL FILTER, SECONDARY, FLEETGUARD, FF5825NN $0.00 $0.00 28 47012520 1 TRANSMISSION, ALLISON GEN 6, EV54000 (X10HHD, $0.00 $0.00 X12, X15) 29 23110000 1 JACOBS ENGINE BRAKE $0.00 $0.00 30 47024050 1 TRANSMISSION COOLER $0.00 $0.00 31 47030000 1 ALLISON TOUCH PAD SHIFTER $0.00 $0.00 32 47030140 1 SHIFTER PAD GEARING, 5 GEARS OPEN, 6TH GEAR $973.65 $973.65 LOCKED, MODE BUTTON FOR GENERATOR 33 21021200 1 COOLING SYSTEM $0.00 $0.00 34 21030195 1 COOLANT FILTER $0.00 $0.00 35 21030000 1 FAN CLUTCH $0.00 $0.00 36 21030200 1 RADIATOR COOLANT RECOVERY, PRESSURIZED SYST $0.00 $0.00 37 26020100 1 FUEL BEAM, 65 GALLON (AERIALS) $9,444.86 $9,444.86 38 26030000 1 FUEL FILL $0.00 $0.00 11/12/2024 27 Line Item # Qty Item Description/Comments Unit Price Extended Price 39 26030100 1 FUEL COOLER $0.00 $0.00 40 24040000 1 DIESEL EXHAUST FLUID TANK $0.00 $0.00 41 13010225 1 ALTERNATOR, LEECE NEVILLE 420 AMP BLP4003 $1,184.53 $1,184.53 42 13030100 1 LOW VOLTAGE ALARM, FLOYD BELL TXB-V86-515-QF $0.00 $0.00 43 15010500 1 BATTERIES, INTERSTATE TYPE 31 MHD (4) $0.00 $0.00 44 15031700 1 BATTERY JUMPER TERMINALS $0.00 $0.00 45 15031510 1 BATTERY CHARGER, KUSSMAUL CHIEF 4012 $1,859.59 $1,859.59 46 1 **ENG Battery Charger Note: Chassis Division to provide/install battery charger & Auto Eject (if applicable) $0.00 $0.00 47 15030465 1 120V SHORELINE INLET, KUSSMAUL SUPER 20 AUTO EJECT W/ OLED DISPLAY 091 -55 -266 -XX $1,183.94 $1,183.94 48 15040100 2 120V OUTLET WIRED TO SHORELINE INLET - EA (2) $727.99 $1,455.98 49 1 **ENG Nema Number = 5-20 House Plug Duplex. $0.00 $0.00 50 14022130 1 FRONT AXLE, HENDRICKSON STEERTEK NXT 23,000 I.B. $0.00 $0.00 51 41022130 1 FRONT SUSPENSION, HENDRICKSON 23,000 LBS. (4) 56" LEAFS $0.00 $0.00 52 41040100 1 FRONT SUSPENSION LOCKING CYLINDERS, AERIALS $1,829.35 $1,829.35 53 41040200 1 FRONT SUSPENSION LOCKOUT PLATE $793.70 $793.70 54 41040510 1 STEER ASSIST $392.55 $392.55 55 43010322 1 FRONT TIRES, GOODYEAR, 425/65R22.5 LRL, ARMOR MAX PRO GRADE MSA 22.5 X 12.25 WHEELS $420.99 $420.99 56 14520310 1 REAR AXLE, MERITOR RT -50-180 52,000 LB TANDEM $49,035.35 $49,035.35 57 14530150 1 TOP SPEED, 60 MPH $0.00 $0.00 58 14530316 1 DRIVER CONTROLLED INTER -AXLE (FRONT -TO -REAR) DIFFERENTIAL LOCK (TANDEM) $0.00 $0.00 59 42020025 1 REAR SUSPENSION, LINK, AIR LIFT, 52,000 LBS. AIR RIDE $0.00 $0.00 60 44020282 1 REAR TIRES, GOODYEAR 121122.5 LRH ENDURANCE RSA HIGHWAY 52,000 GVWR $4,400.86 $4,400.86 61 42920300 1 TIRE PRESSURE MONITOR, QUICK PRESSURE $470.41 $470.41 62 44220100 1 WHEELS, ALUM, ACCURIDE (max 58K rear) $2,122.93 $2,122.93 63 44270105 1 HUB COVERS, FRONT & REAR, POLISHED STS (Tandem Axle) $653.34 $653.34 11/12/2024 28 Line Item # Qty Item Description/Comments Unit Price Extended Price 64 44270305 1 CHROME LUG NUT CAPS, FRONT & REAR (Tandem Axle) $202.21 $202.21 65 44271100 1 MUD FLAPS, FRONT (PAIR) $210.99 $210.99 66 44271200 1 MUD FLAPS, REAR (PAIR) $267.10 $267.10 67 54010010 1 DATA, SAFETY & WARNING TAGS APPLICATION, ADHESIVE $0.00 $0.00 68 16010225 1 BRAKES MERITOR SCAM 6" FRONT, SCAM 8.625" REAR (TANDEM AXLE) $1,321.95 $1,321.95 69 18010046 1 AIR BRAKE SYSTEM 6 TANKS WABCO 1200 DRYER (TANDEM) $2,806.45 $2,806.45 70 18030010 1 AIR BRAKE RELEASE VALVE, WABCO $0.00 $0.00 71 18030140 1 AIR INLET CONNECTION W/CHECK VALVE $0.00 $0.00 72 1 **ENG Standard Air Inlet Location = Left hand side of Driver's step well. $0.00 $0.00 73 18035110 1 AIR COMPRESSOR, KUSSMAUL AUTO PUMP AC,100PSI $1,639.99 $1,639.99 74 18036105 1 TIMER, KUSSMAUL AUTO PUMP $429.88 $429.88 75 18220000 1 ELEC STABILITY CONTROL SYST (TANDEM) $6,719.30 $6,719.30 76 18110150 1 WABCO 6 CHANNEL ANTI-LOCK BRAKES W/ASR (TANDEM) $2,355.00 $2,355.00 77 53510000 1 COMPRESSION FITTINGS ON AIR SYSTEM (CHASSIS) $0.00 $0.00 78 54010000 1 MISCELLANEOUS ITEMS ON CHASSIS $0.00 $0.00 79 54010200 1 AERIAL CHASSIS PREP (TANDEM AXLE) $17,839.58 $17,839.58 80 10310110 1 CAB $0.00 $0.00 81 11024292 1 CAB TSAL4SK 62" 10" RR 1/2 $4,397.80 $4,397.80 82 11030025 1 CAB CERTIFICATION - STRUCTURAL INTEGRITY $0.00 $0.00 83 11030950 1 CAB LOCKDOWN LATCHES $0.00 $0.00 84 11031025 1 CAB TILT SYSTEM, AIR CONTROL VALVE $427.96 $427.96 85 11031032 1 CAB TILT CONTROL LOCATION, OFFICER'S SIDE FRONT BUMPER $382.50 $382.50 86 11031100 1 MANUAL BACK-UP TILT SYSTEM $0.00 $0.00 87 11031350 1 CAB DOORS, FULL LENGTH (4) $0.00 $0.00 88 11031385 1 CAB STEPS, LOWER GRIP STRUT, INTERMEDIATE DIAMONDPLATE $0.00 $0.00 89 11031390 1 AUXILIARY CAB STEPS, ALUM, GRIP STRUT (SET OF 4) $4,366.94 $4,366.94 11/12/2024 29 Line Item # Qty Item Description/Comments Unit Price Extended Price 90 11031399 1 CAB STEP LIGHTING, TECNIQ E45 LED STRIP LIGHTS $0.00 $0.00 91 11031419 1 CAB DOOR WINDOWS, MANUAL (4) $0.00 $0.00 92 11031401 1 CAB SIDE WINDOWS, FIXED, BOTH SIDES $560.08 $560.08 93 11031440 1 TWO SLIDING WINDOWS IN BACK WALL OF CAB APPROX 16.25" X 14.25" $1,074.99 $1,074.99 94 11031465 1 WINDOW TINTING (LIMO TINT 8%) - EACH (6) $607.80 $607.80 95 52010010 1 ELECTRIC INTERMITTENT WIPERS $0.00 $0.00 96 52030100 1 DEACTIVATE WINDSHIELD WIPERS WITH PARKING BRAKEENGAGED $143.36 $143.36 97 1 **ENG Override Switch to Re-Engage Wipers? = Yes. $0.00 $0.00 98 52030200 1 WINDSHIELD WASHER RESERVOIR $0.00 $0.00 99 38010015 1 MIRRORS LANG MEKRA 300 SERIES REMOTE $0.00 $0.00 100 38030210 1 OFFICER'S SIDE OUTRIGGER MIRROR, REAR EXTERIOR WALL OF CAB, 12" CONVEX, TRUCK-LITE $0.00 $0.00 101 11024405 1 UPPER GRILLE, LEVEL STYLE FACADE (X SERIES) $0.00 $0.00 102 11024510 1 FLAMING "S" LOGO, UPPER GRILLE, ILLUMINATED $0.00 $0.00 103 11024605 1 LOWER GRILLE, POLISHED STAINLESS (X SERIES) $0.00 $0.00 104 20010085 1 BUMPER, 24" POLISHED STAINLESS STEEL $689.51 $689.51 105 1 **ENG Siren Speaker Perforations = No Speaker Perforations in Bumper. $0.00 $0.00 106 20029800 1 BUMPER SIDES, DIAMONDPLATE $0.00 $0.00 107 20040215 1 STORAGE WELL, DEEP CENTER, FULL WIDTH (24" BUMPER) $1,061.94 $1,061.94 108 20030120 1 STORAGE WELL COVER, TREADPLATE, 4" RAISE $1,397.25 $1,397.25 109 20030510 1 CUT-OUT IN STORAGE WELL COVER $143.86 $143.86 110 12010500 1 AIR HORNS, DUAL, GROVER #2040 RECTANGULAR, BEHIND PERFORATION $493.81 $493.81 111 12030015 1 AIR HORNS CUTOUTS IN BUMPER, BEHIND PERFORATIONS (X SERIES) $0.00 $0.00 112 12030205 1 AIR HORNS WIRED TO STEERING WHEEL BUTTON $143.36 $143.36 113 12040010 1 MOMENTARY SWITCH ON DASH, OFFICER'S SIDE $143.36 $143.36 114 12510110 1 ELEC SIREN, WHELEN 295HF52, REMOTE FLUSH MOUNT $1,127.29 $1,127.29 115 12530205 1 ELEC SIREN WIRED TO STEERING WHEEL BUTTON $143.36 $143.36 11/12/2024 30 line 'Item # Qty Item Description/Comments Unit Me Extended Prke 116 12620100 1 SIREN SPEAKER, 100W, CAST PRODUCTS, SA4201-66-A $805.78 $805.78 117 12670110 1 SIREN SPEAKER(S) INSTALLED BEHIND CAB GRILLE $0.00 $0.00 118 12710100 1 SIREN, FEDERAL Q2B, GRILLE MOUNT $4,318.53 $4,318.53 119 1 ""ENG Q213 Wiring = Wired to Emergency Master then $0.00 $0.00 shed with parking brake on. 120 12730305 1 FOOT SWITCH, DRIVER'S SIDE, FOR MECH SIREN $143.36 $143.36 121 12730361 1 SIREN BRAKE SWITCH FOR MECH SIREN, DRIVER'S SIDE $143.36 $143.36 122 1 Siren Brake Switch for Driver in Lower Console "osition $0.00 $0.00 P 2.`ENG 123 32520520 1 HEADLIGHTS, LED, FIRETECH FT -4X6, DUAL STS $6,414.65 $6,414.65 HOUSINGS (MIXED UPPER WARNING & TURN SIGNAL) 124 48010300 1 FRONT TURN SIGNALS, WHELEN 400 SERIES LED (4) $390.01 $390.01 (MIXED HOUSING) 125 32530750 1 ICC LIGHTS, LED, ROOF MOUNTED MARKERS, GROTE $0.00 $0.00 126 27022120 1 HANDRAILS, CAB EXTERIOR, KNURLED STAINLESS STEEL $0.00 $0.00 (4) SIDE 127 27030615 1 COAT HOOKS ON UPPER GRAB HANDRAILS, DRIVER'S $99.15 $99.15 SIDE (2) 128 27030655 1 COAT HOOKS ON UPPER GRAB HANDRAILS, OFFICER'S $99,15 $99.15 SIDE (2) 129 27030710 1 HANDRAILS, FRONT OF CAB, KNURLED STAINLESS STEEL $858.88 $858.88 (PAIR) 130 27025000 1 HANDRAILS, CAB INTERIOR, BLACK RUBBER COATED (2) $0.00 $0.00 FRONT ENTRY 131 27030120 1 HANDRAILS, REAR CAB INTERIOR DOOR, BLACK $597.21 $597.21 RUBBERIZED (2) AND KNURLED STS AT WINDOW (2) 132 27040100 1 INTERIOR DOOR, NYLON STRAP (FRONT & REAR CAB $152.03 $152.03 DOORS) 133 11035405 1 DIAMONDPLATE REAR EXTERIOR WALL OF CAB (AERIAL $1,516.33 $1,516.33 OR TOP MOUNT) 134 11035420 1 DIAMONDPLATE CAB ROOF 30" x FULL WIDTH $0.00 $0.00 135 31010285 1 INTERIOR, MULTISPEC BLACK SPECKLE PAINT W/GRAY- $0.00 $0.00 BLACK DURAWEAR 136 11032929 1 DOOR PANEL, FULL STS $0.00 $0.00 137 31010291 1 CAB INTERIOR FLOOR COVERING, BLACK RUBBERIZED $0.00 $0.00 138 22510100 1 ENGINE ENCLOSURE, FULL LENGTH $0.00 $0.00 139 22510530 1 ENGINE ENCLOSURE COVERING, SCORPION BLACK $0.00 $0.00 URETHANE BLEND 140 11031680 1 CENTER CONSOLE W/MAP BOOK STORAGE, TOP OF $869.15 $869.15 ENGINE ENCLOSURE 11/12/2024 31 Line Item # Qty Item Description/Comments Unit Price Extended Price 141 22610050 1 ENGINE HOOD LIGHT, LED (1) $0.00 $0.00 142 11031515 1 COMPUTER TRAY W/STATIONARY STORAGE $398.20 $398.20 143 11031701 1 UPPER CREW DOOR AREA, GLOVE BOX HOLDERS (SLANT $865.88 $865.88 BACK) 144 29810100 1 CHASSIS ELECTRICAL DESCRIPTION $0.00 $0.00 145 30010135 1 INSTRUMENTATION, AMETEK W/ CENTER & OVERHEAD $0.00 $0.00 CONSOLES (AERIALS) 146 1 **ENG Overhead Console Position 3 -HVAC controls. $0.00 $0.00 **ENG Overhead Console Position 4 -Chassis indicators. 147 1 -Seat belt monitor. $0.00 $0.00 -Air horns lanyard control. 148 30010508 1 LOWER COMMAND CONSOLE, X10 $0.00 $0.00 149 30010610 1 CAB PUMP SHIFTER, ELECTRIC W/ROUND KNOB (FOR $0.00 $0.00 HALE G -SERIES PUMP TRANSMISSION) 150 30011000 1 PUMP INTERLOCK, NOT CONNECTED WITH ODOMETER $0.00 $0.00 151 30031615 1 DO NOT MOVE LIGHT, WHELEN ION -T LED $576.53 $576.53 152 1 **ENG Door Ajar Light Location = Centered below upper $0.00 $0.00 command console. 153 30031675 1 DO NOT MOVE DISENGAGE BUTTON $293.46 $293.46 154 29930200 1 MAPBOOK SLOT ON BREAKER PANEL $0.00 $0.00 155 29910100 1 PROGRAMMABLE LOAD MANAGER, CLASS -1 $0.00 $0.00 SUPERNODE II 156 30031100 1 HIGH IDLE SWITCH $392.50 $392.50 157 11040000 1 CAB ACCESSORY FUSE PANEL $812.13 $812.13 158 84541540 1 POWER & GROUND STUDS, UPPER COMMAND $473.94 $473.94 CONSOLE **ENG Requirements (AMPS) for Power/Ground Studs in Upper Command Console: (1)12 -volt 60 -amp, direct to the battery ignition off. 159 1 (1)12 -volt 30 -amp switched battery first position on $0.00 $0.00 ignition switch. (1)12 -volt 30 -amp ignition power second position on ignition switch. (1)12 -volt 125 -amp ground. 160 30110000 1 VEHICLE DATA RECORDER, AKRON/WELDON $0.00 $0.00 161 33510030 1 INTERIOR CAB LIGHTS, WHELEN 6" ROUND RED/CLEAR $0.00 $0.00 LED (2) 162 34010030 1 INTERIOR CREW LIGHTS, WHELEN 6" ROUND RED/CLEAR $0.00 $0.00 LED (2) 11/12/2024 32 Line Item # Qty Item Description/Comments Unit Price Extended Price 163 28010750 1 DEFROSTER, HEATER & A/C, SEVERE CLIMATE (TM -31) $12,005.56 $12,005.56 164 28090100 1 A/C TO FACE $637.10 $637.10 165 28030500 1 DEFROSTER DUCTWORK, ENTIRE WINDSHIELD $0.00 $0.00 166 11031687 1 TOP HEAT/AC STORAGE, TOOL MOUNTING PLATE, 25" x $0.00 $0.00 19.5" 167 38510104 1 DRIVER'S SEAT, BOSTROM SIERRA HIGH BACK AIR RIDE $2,325.75 $2,325.75 ABTS (DURAWEAR PLUS, LOW SEAM) 168 38340110 1 PRIMARY SEAT POSITION $0.00 $0.00 169 38350100 1 SEAT BELT CONFIGURATION, PULL FROM LEFT $0.00 $0.00 SHOULDER TO BUCKLE AT RIGHT HIP 170 38320000 1 HELMET STORED IN COMPARTMENT $0.00 $0.00 171 39010118 1 OFFICER'S SEAT, BOSTROM TANKER 450, ABTS SCBA $1,612.21 $1,612.21 (DURAWEAR PLUS, LOW SEAM) 172 38340110 1 PRIMARY SEAT POSITION $0.00 $0.00 173 38350200 1 SEAT BELT CONFIGURATION, PULL FROM RIGHT $0.00 $0.00 SHOULDER TO BUCKLE AT LEFT HIP 174 39030010 1 OFFICER'S SEAT COMPT, OPEN FRONT $0.00 $0.00 175 38320000 1 HELMET STORED IN COMPARTMENT $0.00 $0.00 176 39521129 1 CREW SEAT 1, BOSTROM TANKER 450, ABTS SCBA $1,612.21 $1,612.21 (DURAWEAR PLUS, LOW SEAM) 177 38340110 1 PRIMARY SEAT POSITION $0.00 $0.00 178 38350200 1 SEAT BELT CONFIGURATION, PULL FROM RIGHT $0.00 $0.00 SHOULDER TO BUCKLE AT LEFT HIP 179 38320000 1 HELMET STORED IN COMPARTMENT $0.00 $0.00 180 39521130 1 CREW SEAT 2, BOSTROM TANKER 450, ABTS SCBA $1,612.21 $1,612.21 (DURAWEAR PLUS, LOW SEAM) 181 38340110 1 PRIMARY SEAT POSITION $0.00 $0.00 182 38350100 1 SEAT BELT CONFIGURATION, PULL FROM LEFT $0.00 $0.00 SHOULDER TO BUCKLE AT RIGHT HIP 183 38320000 1 HELMET STORED IN COMPARTMENT $0.00 $0.00 184 11031825 1 EMS CABINET, FORWARD FACING, DOUBLE ON CREW $6,840.19 $6,840.19 SEAT RISER (AERIAL) 185 11032250 1 INTERIOR ACCESS, ROLL -UP DOOR, AMDOR $1,467.41 $1,467.41 186 11032450 1 COMPT DOOR LOCK - NOT PROVIDED $0.00 $0.00 187 11032312 1 ADJUSTABLE SHELVES, EMS COMPT (2) $716.65 $716.65 188 39550200 1 SEAT COLOR, BLACK $0.00 $0.00 11/12/2024 33 Line Item # Qty Item Description/Comments Unit Price Extended Price 189 39560115 1 ARTWORK PROOF, BOSTROM (EXISTING PROOF ON FILE) $0.00 $0.00 190 1 "`ENG Custom Seat Logos: Customer must supply artwork at pre -con. $0.00 $0.00 191 39560510 4 CUSTOM SEAT LOGOS, BOSTROM (PER SEAT) (4) $73.18 $292.70 192 39610000 3 SCBA BRACKETS, BOSTROM, SECURE ALL (3) $427.74 $1,283.21 193 38410000 1 SEAT BELT WARNING SYSTEM, AKRON / WELDON $0.00 $0.00 194 39710000 1 DOUBLE CREW SEAT COMPT, SIDE DOORS $304.29 $304.29 195 11031740 1 OVERHEAD STORAGE, FRONT OF 10" RR W/NET $3,153.90 $3,153.90 196 84561380 1 CAMERA SYSTEM, BRIGADE, BACKEYE 360 HD CAMERA SYSTEM (WIRED) $8,184.41 $8,184.41 197 10310200 1 PUMP & PLUMBING $0.00 $0.00 198 60012555 1 QMAX-2000 GPM 6" SUCTION SINGLE STAGE PUMP $0.00 $0.00 199 60025010 1 GEARBOX, HALE, G -SERIES, FRONT MOUNTED $0.00 $0.00 200 60026000 1 PUMP PACKING, HALE $0.00 $0.00 201 60030365 1 MANUAL PUMP OVERRIDE $2,809.95 $2,809.95 202 60031005 1 ALLOY ANODES, HALE (2) $344.04 $344.04 203 60035123 1 PUMP TEST, THIRD PARTY TESTING $0.00 $0.00 204 61510010 1 DELETE AUXILIARY COOLER (HEAT EXCHANGER) ($593.38) ($593.38) 205 62010002 1 STAINLESS STEEL PIPING $0.00 $0.00 206 1 ""CLAR NOTES, PUMP RATED AT 1500 GPM $0.00 $0.00 207 66020100 1 3" TANK TO PUMP W/CHECK VALVE $0.00 $0.00 208 61720100 1 VALVE, AKRON HEAVY DUTY $0.00 $0.00 209 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS $0.00 $0.00 210 73010100 1 TANK FILL 1.5" $0.00 $0.00 211 61720100 1 VALVE, AKRON HEAVY DUTY $0.00 $0.00 212 61770120 1 ACTUATOR, VALVE, PUSH/PULL HANDLE, INNOVATIVE CONTROLS $0.00 $0.00 213 61010405 1 PRESSURE GOVERNOR, CLASS 1 TPGJ1939 $0.00 $0.00 214 61210410 1 INTAKE PRESSURE CONTROL, TFT A1831 $0.00 $0.00 11/12/2024 34 Line Item # Qty Item Description/Comments Unit Price Extended Price 215 63021100 1 6" MAIN SUCTION, LEFT SIDE $0.00 $0.00 216 65030000 1 2.5" LEFT SIDE INLET $1,962.43 $1,962.43 217 61720100 1 VALVE, AKRON HEAVY DUTY $0.00 $0.00 218 61770100 1 ACTUATOR, VALVE, SWING HANDLE $0.00 $0.00 219 60036010 1 THREADS, NST $0.00 $0.00 220 63025100 1 6" MAIN SUCTION, RIGHT SIDE $0.00 $0.00 221 64030000 1 2.5" RIGHT SIDE INLET $1,962.43 $1,962.43 222 61720100 1 VALVE, AKRON HEAVY DUTY $0.00 $0.00 223 61770100 1 ACTUATOR, VALVE, SWING HANDLE $0.00 $0.00 224 60036010 1 THREADS, NST $0.00 $0.00 225 70525125 1 2.5" DISCHARGE, LEFT - POSITION 1 $2,093.30 $2,093.30 226 61720100 1 VALVE, AKRON HEAVY DUTY $0.00 $0.00 227 61770100 1 ACTUATOR, VALVE, SWING HANDLE $0.00 $0.00 228 77021015 1 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" $0.00 $0.00 229 61810150 1 DISCHARGE TERMINATION, 30 DEGREE ELBOW $0.00 $0.00 230 60036010 1 THREADS, NST $0.00 $0.00 231 70525125 1 2.5" DISCHARGE, LEFT - POSITION 2 $2,093.30 $2,093.30 232 61720100 1 VALVE, AKRON HEAVY DUTY $0.00 $0.00 233 61770100 1 ACTUATOR, VALVE, SWING HANDLE $0.00 $0.00 234 77021015 1 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" $0.00 $0.00 235 61810150 1 DISCHARGE TERMINATION, 30 DEGREE ELBOW $0.00 $0.00 236 60036010 1 THREADS, NST $0.00 $0.00 237 71025130 1 3" DISCHARGE, RIGHT- POSITION 3 $2,361.84 $2,361.84 238 61720100 1 VALVE, AKRON HEAVY DUTY $0.00 $0.00 239 61770200 1 ACTUATOR, VALVE, AKRON HANDWHEEL $1,460.43 $1,460.43 240 77021015 1 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" $0.00 $0.00 241 61810160 1 DISCHARGE TERMINATION, STRAIGHT $0.00 $0.00 11/12/2024 10 35 Line Item # Qty Item Description/Comments Unit Price Extended Price 242 60036010 1 THREADS, NST $0.00 $0.00 243 61840267 1 ADAPTER, 3" NST FE X S" STORZ, 30 -DEGREE W/CAP & CHAIN, TFT $411.24 $411.24 244 71025125 1 2.S" DISCHARGE, RIGHT - POSITION 4 $2,093.30 $2,093.30 245 61720100 1 VALVE, AKRON HEAVY DUTY $0.00 $0.00 246 61770100 1 ACTUATOR, VALVE, SWING HANDLE $0.00 $0.00 247 77021015 1 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" $0.00 $0.00 248 61810150 1 DISCHARGE TERMINATION, 30 DEGREE ELBOW $0.00 $0.00 249 60036010 1 THREADS, NST $0.00 $0.00 250 72230212 1 DISCHARGE 2.5" TO FRONT BUMPER (AERIALS) $8,874.14 $8,874.14 251 61720100 1 VALVE, AKRON HEAVY DUTY $0.00 $0.00 252 61770425 1 ACTUATOR, VALVE, ELECTRIC, AKRON 9333 $2,713.14 $2,713.14 253 77021015 1 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" $0.00 $0.00 254 60036010 1 THREADS, NST $0.00 $0.00 255 1 **ENG Front Bumper Swivel Location/Side =Officer's side. $0.00 $0.00 256 1 **ENG Front Discharge Swivel Location/Trough =Top of Bumper. $0.00 $0.00 257 72811000 1 ONE 2.5" CROSSLAY, 2.5" SWVL & TWO 2" CROSSLAYS W/1.5" SWIVEL (SPH) $0.00 $0.00 258 61720100 3 VALVE, AKRON HEAVY DUTY (3) $0.00 $0.00 259 61770425 3 ACTUATOR, VALVE, ELECTRIC, AKRON 9333 (3) $2,713.14 $8,139.41 260 77021015 3 GAUGE, DISCH, INNOVATIVE CONTROLS TC SERIES, 2.5" (3) $0.00 $0.00 261 60036010 3 THREADS, NST (3) $0.00 $0.00 262 72910520 1 COVER, VINYL FOR CROSSLAYS (SPH) $965.13 $965.13 263 1 **ENG Crosslay/Speedlay Side Covers Color = Black. $0.00 $0.00 264 72932210 1 COVER FASTENERS, METAL SNAPS $0.00 $0.00 265 1 **ENG Specify details for side covers: Number of flaps, fasteners & and how they terminate (manufacturer's discretion or customer specified?) = OEM Discretion. $0.00 $0.00 266 61742000 1 MASTER PUMP DRAIN, MULTIPORT $0.00 $0.00 267 61730005 8 DRAIN VALVES, INNOVATIVE CONTROLS, LIFT -UP (8) $0.00 $0.00 11/12/2024 11 36 Aj 268 78521445 1 WATERWAY CONTROL, 4" VALVE, AKRON 9335 ELECTRIC $0.00 $0.00 ACTUATOR 269 61910100 1 WATERWAY DRAIN VALVE, AKRON 1.5" PUSH/PULL $0.00 $0.00 CONTROL 270 10310220 1 PUMP PANEL $0.00 $0.00 271 74920210 1 SPH1- SIDE MOUNT PUMP PANEL $0.00 $0.00 272 74930500 1 PANEL FINISH, BLACK VINYL $0.00 $0.00 273 74931000 1 ESCUTCHEON PLATES $0.00 $0.00 274 74931050 1 COLOR CODING $0.00 $0.00 275 74931210 1 PUMP MODULE FRAMEWORK, NON-PAINTED $0.00 $0.00 276 74931310 1 PUMP FINISH, PAINTED BY PUMP MFG $0.00 $0.00 277 74931520 1 PLUMBING FINISH, NON-PAINTED $0.00 $0.00 278 1 **ENG Non-Painted Plumbing = Stainless steel welds $0.00 $0.00 shall be treated/coated. **CLAR NOTES, **ENG Color Coding: #1 Discharge -Yellow #2 Discharge -White #3 Discharge - Navy Blue #4 Discharge - Black #1 Pre-Connect - Orange 279 1 #2 Pre-Connect - Red $0.00 $0.00 #3 Pre-Connect - Brown Front Bumper Line - Turquoise Inlets - Burgundy Tank fill - Lime Green Tank to Pump - Burgundy Waterway - Purple 280 75040210 1 TROUGH IN RUNNING BOARD, OFFICER'S SIDE $1,513.89 $1,513.89 281 1 **ENG Running Board Trough Cover = Velcro Straps. $0.00 $0.00 282 75510230 1 PUMP OPERATOR LIGHTS, TECNIQ E44 LED STRIP $208.09 $208.09 283 75530112 1 PUMP PANEL LIGHTS OFFICER'S SIDE, TECNIQ E44 LED $403.75 $403.75 STRIP 284 76010105 1 PUMP PANEL GAUGES & CONTROLS $0.00 $0.00 285 60028050 1 PUMP PRIMER, TRIDENT, AIR $0.00 $0.00 286 60028310 1 (1) PRIMER BUTTON - MAIN SUCTION $0.00 $0.00 COMPRESSION FITTINGS ON AIR SYSTEM (CTZ PUMP 287 76025100 1 $0.00 $0.00 MODULE) 288 76031970 1 AIR OUTLET, DRIVER'S SIDE PUMP PANEL $523.34 $523.34 11/12/2024 12 37 trine Item # Qty Item Description/Comments Unit Price Extended Price 289 76030805 1 HALE TRV -L THERMAL RELIEF VALVE WITH LIGHT AT PUMP PANEL $1,285.21 $1,285.21 290 76510065 1 GAUGES, MASTER, INNOVATIVE CONTROLS TC SERIES, $0.00 $0.00 291 77510050 1 GAUGE, WATER LEVEL, INNOVATIVE CONTROLS SL -14 $0.00 $0.00 292 10310230 1 WATER TANK $0.00 $0.00 293 83525200 1 WATER TANK BRAND, UPF $0.00 $0.00 294 83520205 1 WATER TANK, 300 GAL, POLY (AERIALS) $0.00 $0.00 295 10310300 1 BODY $0.00 $0.00 296 80029910 1 BODY SUBFRAME, SPH100 $0.00 $0.00 297 80117030 1 BODY SPH -3, LEFT 56" H / RIGHT 56"H $10,961.25 $10,961.25 298 1 **ENG Dealer Supplied Compartmentation = Compartment options will be Dealer Supplied. $0.00 $0.00 299 10310302 1 BODY COMPARTMENTS $0.00 $0.00 300 81165705 1 UNISTRUT TRACK IN COMPTS $0.00 $0.00 301 80220226 1 COMPT DOORS, MIXED AMDOR ROLL -UP AND HINGED (SPH) $0.00 $0.00 302 84531110 1 COMPT LIGHTING, AMDOR LED LIGHT STRIPS, 2 PER COMPT $0.00 $0.00 303 10310305 1 BODY EXTERIOR $0.00 $0.00 304 81320205 1 SPH 100 HOSEBED, ALUM FLOORING $0.00 $0.00 305 81410000 1 COVER, VINYL, MAIN HOSE BED $1,570.01 $1,570.01 306 81431310 1 REAR HOSEBED COVER, WEBBING $502.11 $502.11 307 81440210 1 COVER FASTENERS, METAL SNAPS $0.00 $0.00 308 81332105 1 HOSEBED LIGHTING, SIDES, AMDOR H2O LIGHT STRIPS $757.86 $757.86 309 81910500 1 HANDRAILS, KNURLED STS, SPH100 $0.00 $0.00 310 82014500 1 STEPS, IC FOLD DOWN W/LIGHT (SPH) $0.00 $0.00 311 82510000 1 RUB RAILS, ANODIZED ALUM $0.00 $0.00 312 83010125 1 ALUMINUM TREADPLATE (SPH) $0.00 $0.00 313 80290101 1 FIBERGLASS WHEEL WELL LINERS (TANDEM AERIALS) $0.00 $0.00 314 80231260 1 7 SCBA CYLINDER COMPTS (TANDEM BODY) $2,287.53 $2,287.53 11/12/2024 13 38 Line Item # Qty Item Description/Comments Unit Price Extended Price 315 80290310 7 DOOR FINISH, BRUSHED STAINLESS, SINGLE/DOUBLE $0.00 $0.00 SCBA COMPT (7) 316 83030605 1 REAR FENDERS, STAINLESS SMOOTH PAINTED (TANDEM $0.00 $0.00 AERIALS) 317 89020230 1 LADDERS, ALCO-LITE (SPH) 115' 14',16',16',24'- $0.00 $0.00 2sec, 35'-2sec & 10'F 318 89030560 1 DUO -SAFETY 16' ROOF LADDER, 875A (1) $591.24 $591.24 319 89530910 1 MOUNTING OF ROOF LADDER ON BASE SECTION OF $1,845.38 $1,845.38 AERIAL (1) 320 89512200 1 LADDERS ENCLOSED IN HOSEBED ON BEAM (SPH) $0.00 $0.00 321 89520210 1 LADDER ENCLOSURE, DIAMONDPLATE DOOR $0.00 $0.00 322 10310310 1 ELECTRICAL $0.00 $0.00 323 80232100 1 2" RECEIVER, SIDES $1,383.91 $1,383.91 324 80232110 1 2" RECEIVER, REAR $691.94 $691.94 325 80232175 2 WIRING FOR WINCH RECEIVER (2) $1,321.95 $2,643.90 326 1 **ENG Type of Plug for Body Winch Receiver = To be $0.00 $0.00 determined at precon. 327 84550110 1 LICENSE PLATE BRACKET W/ LIGHT, LED $97.74 $97.74 328 84511100 1 BODY ELECTRICAL DESCRIPTION $0.00 $0.00 329 84520000 1 BACK UP ALARM, ECCO SA917 $0.00 $0.00 330 85010420 1 TAILLIGHTS, WHELEN M6 SERIES, LED $3,387.60 $3,387.60 STOP/TAIL/TURN/REVERSE, QUAD HOUSING (PAIR) 331 85110100 1 ICC LIGHTS, LED $716.66 $716.66 332 85130100 1 MARKER LIGHTS, BRITAX, FLEXIBLE, LED, PAIR, ON SIDES $367.79 $367.79 OF BODY, REAR CORNERS 333 85510205 1 STEP LIGHTS, LED, REAR BODY & WHELEN 2G AT PUMP $829.81 $829.81 PANEL 334 85710045 1 UNDERCARRIAGE GROUND LIGHTS, WHELEN 2G LED $2,150.06 $2,150.06 (TANDEM) 335 86528999 1 DELETE REAR WORK LIGHTS ($263.49) ($263.49) 336 86600105 1 OPTICAL WARNING SYSTEM, UPPER (SPH300) $0.00 $0.00 UPPER WARNING LIGHTS, ZONE A (FRONT), WHELEN 337 86610130 1 FREEDOM IV 72" LED LIGHT BAR, F4N7QLED, 14 $6,365.80 $6,365.80 MODULES 338 86920100 1 UPPER ZONE A LIGHTBAR, STANDARD CONFIGURATION $0.00 $0.00 **ENG Zone A, Upper Lightbar Standard Configuration = 339 1 Single light bar: (2) end red LED modules, (2) corner red $0.00 $0.00 LED modules, (8) forward -facing red LED modules, and 11/12/2024 14 39 Line Item # Qty Item Description/Comments Unit PricJWFIExtended Price (2) forward -facing white LED modules. All clear outer lenses. Installed on the cab roof as far forward as possible with two (2) MK8H Sin. cast aluminum risers. 340 86699999 1 UPPER WARNING LIGHTS, ZONE B (OFFICER'S SIDE), $0.00 $0.00 COVERED BY ZONES A & C 341 86710120 1 UPPER WARNING LIGHTS, ZONE C (REAR), WHELEN LED $2,658.80 $2,658.80 BEACONS, MCFLED2* (PAIR) 342 86810100 1 UPPER WARNING LIGHTS, ZONE C (REAR PLATFORM), $502.15 $502.15 WHELEN 600 SUPER LED, 60*02F*R (QTY 1) 343 86899999 1 UPPER WARNING LIGHTS, ZONE D (DRIVER'S SIDE), $0.00 $0.00 COVERED BY ZONES A & C 344 87100105 1 OPTICAL WARNING SYSTEM, LOWER (SPH100) $0.00 $0.00 345 87110110 1 LOWER WARNING LIGHTS, ZONE A (FRONT), WHELEN $2,008.53 $2,008.53 600 SUPER LED, 60*02F*R (QTY 4) 346 87811130 1 LOWER, ZONE A - MOUNTING LOCATION (DUAL $0.00 $0.00 HOUSINGS) 347 1 **ENG Zone A, Lower - Front, Mounting Location = (2) $0.00 $0.00 Warnings in top headlight housing, each side. 348 87210120 1 LOWER WARNING LIGHTS, ZONE B (OFFICER'S SIDE), $2,008.53 $2,008.53 WHELEN 600 SUPER LED, 60*02F*R (QTY 4) 349 87812140 1 LOWER, ZONE B - MOUNTING LOCATION (SL100, SLR108, $0.00 $0.00 SPH100) **ENG Zone B, Lower - Officer's Side, Mounting Location 350 1 = (1) Warning light near the front corner of the $0.00 $0.00 apparatus, (1) under the turntable area, (1) near the rear axle, and (1) near the rear corner of the apparatus. 351 87310200 1 LOWER WARNING LIGHTS, ZONE C (REAR), WHELEN M6 $1,250.48 $1,250.48 LED, M6* (QTY 2) 352 87410120 1 LOWER WARNING LIGHTS, ZONE D (DRIVER'S SIDE), $2,008.53 $2,008.53 WHELEN 600 SUPER LED, 60*02F*R (QTY 4) 353 87814140 1 LOWER, ZONE D - MOUNTING LOCATION (SL100, $0.00 $0.00 SLR108, SPH100) **ENG Zone D, Lower - Driver's Side, Mounting Location 354 1 = (1) Warning light near the front corner of the $0.00 $0.00 apparatus, (1) under the turntable area, (1) near the rear axle, and (1) near the rear corner of the apparatus. 355 87537732 2 ADDITIONAL WARNING LIGHTS, WHELEN 600 SUPER $1,008.28 $2,016.55 LED, 60*02F*R (PAIR) (2) 356 87040008 1 TRAFFIC ADVISOR, WHELEN LED, TAL85 22" 2 -PIECE $4,427.91 $4,427.91 357 88390900 2 SCENE LIGHT, FRC SPECTRA 15K, 12V LED, BROW (2) $3,001.14 $6,002.28 358 88393050 6 SCENE LIGHT, FIRETECH GUARDIAN 10K, 12V LED, $1,478.03 $8,868.15 SURFACE MOUNT, FT -GSM (6) 359 10310320 1 GENERATOR & ACCESSORIES $0.00 $0.00 360 88230606 1 GENERATOR, HARRISON, 8KW HYD AERIALS $21,661.40 $21,661.40 11/12/2024 15 40 Line Item # Qty Item Description/Comments Unit Price Extended Price 361 88250415 1 CIRCUIT BREAKER PANEL, EATON NEMA 311 $1,407.01 $1,407.01 362 88251120 1 BREAKER PANEL, STD LOCATION (1.2) $0.00 $0.00 363 1 **ENG Breaker panel to be mounted as high as possible in the compartment. $0.00 $0.00 364 88250100 2 (2) VOLT OUTLET W/WEATHERPROOF COVER - EACH $727.99 $1,455.98 365 88431205 2 HANNAY ECR -1616-17-18 REEL W/150' 10/3 (2) $5,009.55 $10,019.10 366 88433040 1 MOUNTING OF ELEC CORD REEL IN OFFICER'S SIDE AREA, REAR OF OUTRIGGER COMPT $0.00 $0.00 367 1 **ENG Reel Motor Location #1 = Right Rear, (Shelf/Dunnage/Al (2) Reels-Mnt Lft Side of Compt, Motor Rght) $0.00 $0.00 368 88433010 1 MOUNTING OF ELEC CORD REEL IN BODY COMPT $1,454.73 $1,454.73 369 88390812 1 LIGHT, FR SPECTRA, LED, SURFACE MNT, 20K LUMENS, 240V, UNDER PLATFORM (1) $3,813.16 $3,813.16 370 88390843 2 LIGHT, FR SPECTRA, LED, TELE, 20K LUMENS, 240V, SPH PLATFORM (2) $4,282.73 $8,565.45 371 88399959 1 SCUFF PLATES FOR TELE LIGHTS - NOT PROVIDED $0.00 $0.00 372 10310400 1 AERIAL $0.00 $0.00 373 10040610 1 MODEL SPH100, AERIAL COMPONENTS $1,305,182.50 $1,305,182.50 374 94020236 1 AERIAL TOWER ASSEMBLY, SPH100 $0.00 $0.00 375 94020315 1 TURNTABLE ACCESS, LOWER LEFT, FIXED STEPS $0.00 $0.00 376 94020325 1 FOLDING STEP UNDER TURNTABLE ACCESS STEP $0.00 $0.00 377 94020345 1 TURNTABLE ACCESS, UPPER LEFT, FOLDING STEPS ($728.75) ($728.75) 378 94020360 1 TURNTABLE ACCESS, UPPER RIGHT, FOLDING STEPS $162.46 $162.46 379 94020250 1 INTERLOCK SYSTEM $0.00 $0.00 380 94020260 1 ROTATION LIMITING SYSTEM & SMART BOOM WARNING SYSTEM $0.00 $0.00 381 94020265 1 ROTATION LIMITING ALARM, FLOYD BELL US -09-515-5 $0.00 $0.00 382 94020272 1 HYDRAULIC SYSTEM - SPH100 $0.00 $0.00 383 94020900 1 12 VOLT AUXILIARY HYDRAULIC POWER $0.00 $0.00 384 94020286 1 PEDESTAL CONTROLS, PROPORTIONAL TYPE, SPH 100 $0.00 $0.00 385 94021212 1 BOOM ASSEMBLY - SPH100 $0.00 $0.00 11/12/2024 16 41 Line Item # Qty Item Description/Comments Unit Price Extended Price 386 94020465 1 AERIAL SPOT LIGHTS - (2) FIRETECH FT -WL -X -S -S -B, LED $682.25 $682.25 (SP95,100,110,SPH) 387 94021326 1 LADDER SPH 100 HIGH RAIL, LOW PROFILE AT $0.00 $0.00 TURNTABLE - CABLE TRACK 388 94020490 1 LADDER LIGHTING SYSTEM, FIRETECH FT -WL -2000 -S -B, $4,495.83 $4,495.83 LED (SP95, 100, 110, SPH) 389 94021337 1 HYDRAULIC CYLINDERS - SPH 100 $0.00 $0.00 390 1 **ENG - DUPLICATE CALL OUT: FRONT SUSPENSION $0.00 $0.00 LOCKING CYLINDERS, AERIALS (41040100) 391 94021344 1 AERIAL TOWER WATERWAY -110 & SPH 100 $0.00 $0.00 392 94021027 1 OUTRIGGER GROUND JACKS, MANUAL CONTROL, $0.00 $0.00 SPH100 393 94021052 1 OUTRIGGERS, PINLESS $8,399.55 $8,399.55 394 94021090 1 AERIAL JACKS ALARM, ECCO DT500 $0.00 $0.00 395 94021062 1 OUTRIGGER SPOT LIGHTS, FIRETECH WL -2000 -F -B, LED $973.65 $973.65 396 94021100 1 OUTRIGGER DISPLAY PANEL COVER, STAINLESS STEEL $0.00 $0.00 OFFICER'S SIDE AREA, REAR OF OUTRIGGER, CORD REEL 397 94021160 1 COMPARTMENT W/SINGLE HINGED DOOR $797.35 $797.35 398 93910012 1 JACK PADS, BLACK - SPH100, SL100 $0.00 $0.00 399 94021340 1 OPERATIONAL TEST - AERIAL PLATFORMS $0.00 $0.00 400 94040052 1 LADDER TEST, THIRD PARTY TESTING $0.00 $0.00 401 94210016 1 4 -DOOR PLATFORM, SPH $0.00 $0.00 402 94210145 1 PLATFORM DOOR SKIN, FORWARD FACING, $0.00 $0.00 DIAMONDPLATE (SPH) 403 94210156 1 PLATFORM DOOR SKIN, REARWARD FACING, SMOOTH ($120.99) ($120.99) ALUMINUM (SPH) 404 94210014 1 PLATFORM ACCESS LADDER $0.00 $0.00 405 94210318 1 PLATFORM BOOM CONTROLS, PROPORTIONAL TYPE, $0.00 $0.00 SPH/SPI112 406 94210342 1 PLATFORM CONTROL COVER, DIAMONDPLATE $342.38 $342.38 407 94210280 1 DELETE PLATFORM SPOT LIGHT ($146.75) ($146.75) 408 94210295 1 MARKER LIGHTS, BRITAX FLEXIBLE, LED, PAIR, ON SIDES $379.21 $379.21 OF YOKE 409 94210350 1 120 VOLT OUTLET IN PLATFORM $0.00 $0.00 410 1 **ENG Nema Number = 5-20 House Plug Single. $0.00 $0.00 411 94210802 1 75 GPM WATER CURTAIN FOR SPH 100 or SPI112 $0.00 $0.00 11/12/2024 17 42 Line Item # Qty Item Description/Comments Unit Price Extended Price 412 94210705 1 YOKE OUTLETS - SPH100 $0.00 $0.00 413 94210510 1 MONITOR, DS, AKRON 3481 STREAM MASTER2, $2,107.40 $2,107.40 MANUAL 1250 GPM 414 94210674 1 NOZZLE, DS, AKRON 2499 & 3488 PIPE ($495.19) ($495.19) 415 94210511 1 MONITOR, OS, AKRON 3481 STREAM MASTER2 , $2,107.40 $2,107.40 MANUAL 1250 GPM 416 94210669 1 NOZZLE, OS, AKRON 5160 AUTO $0.00 $0.00 417 94210662 1 AKRON #3488 STREAMSHAPER W/#2499 STACKED TIPS, $1,269.63 $1,269.63 CIS 418 94210999 1 INTERCOM SYSTEM, FRC ACT 3 -STATION $1,507.28 $1,507.28 419 94211100 1 PLATFORM AIR SYSTEM W/ 4500 PSI DOT AIR TANK $0.00 $0.00 420 94212500 1 BREATHING AIR ALARM, FLOYD BELL TUHC-V88R-930-Q $0.00 $0.00 421 94270520 1 BREATHING AIR TANK LOCATION, AERIAL BOOM, $3,632.89 $3,632.89 OFFICER'S SIDE 422 1 **ENG R2 Body Compartment will have to be notched to $0.00 $0.00 accommodate bottle storage on boom. 423 94210017 1 PARAPET LADDER, SPH100 $4,640.79 $4,640.79 424 94280150 1 STOKES ARMS, SPH100 PLATFORM $1,392.25 $1,392.25 425 94280101 1 STOKES STORAGE BOX, PAINTED, MOUNTED ON BOOM $4,993.46 $4,993.46 426 1 **ENG Stokes Box Color = BLACK $0.00 $0.00 427 94295001 1 SINGLE LIFTING EYE, 800 I.B. $572.85 $572.85 428 10310410 1 PAINT & FINISH $0.00 $0.00 429 89910010 1 CORROSION REDUCTION PROGRAM (PROPOSALS) $0.00 $0.00 430 90010030 1 STAINLESS PAINT SCHEME - CORP AERIALS $0.00 $0.00 431 90030004 1 PAINT, SINGLE TONE $0.00 $0.00 432 1 **ENG Single Tone Paint Color = RED CRIMSON. $0.00 $0.00 433 90030159 1 PAINT FRAME RAILS, FUEL BEAM, BODY REAR DROP & $0.00 $0.00 LOWER AERIAL COMPONENTS - BLACK (TANDEM) 434 90030031 1 PAINT, TURNTABLE, SIDE PLATES & LIFT CYLINDER $0.00 $0.00 SILVER 435 90030190 1 TEXTURED FRAME RAIL COATING, PLUMBING AREA $0.00 $0.00 436 90030033 1 PAINT, LADDER SHEAVE BEAMS, EXT CYLINDER & YOKE $0.00 $0.00 SILVER 437 90030015 1 A/C CONDENSER PAINTED ROOF COLOR $558.78 $558.78 11/12/2024 18 43 Line Item # Qty Item Description/Comments Unit Price Extended Price **ENG Dealer Supplied Graphics = Dealer supplied 438 1 graphics will be provided for all options except rear $0.00 $0.00 chevrons. 439 90681120 1 CHEVRON STRIPING, REAR BODY OUTBOARD, REFLEXITE $1,588.06 $1,588.06 (Aerial Platforms) 440 1 **ENG Chevron Striping, Rear Body Color = #030 Red $0.00 $0.00 Transparent & #L2 Fluorescent Lime. 441 90681420 1 CHEVRON STRIPING, REAR PLATFORM OUTBOARD, $1,349.88 $1,349.88 REFLEXITE 442 1 **ENG Chevron Striping, Rear of Platform Color =#030 $0.00 $0.00 Red Transparent & #L2 Fluorescent Lime. 443 90710075 1 BOOM SIGN, APPROX 88" X 26" $566.26 $566.26 444 10310420 1 EQUIPMENT $0.00 $0.00 MISC EQUIP - (1) PINT TOUCH-UP PAINT, STAINLESS 445 91010000 1 $0.00 $0.00 STEEL NUTS & BOLTS 446 91030702 1 ZIAMATIC SAC -44 FOLDING WHEEL CHOCKS (PAIR) MTD $1,308.33 $1,308.33 IN REAR LADDER ACCESS AREA (SPH) **ENG Wheel Chock Mounting Locations = Stored in 447 1 $0.00 $0.00 rear ladder access area. 448 89050100 1 PIKE POLE STORAGE TUBES, (3) EA SIDE $0.00 $0.00 449 10310600 1 COMPLETION & WARRANTY $0.00 $0.00 450 99010100 1 MANUALS, ELECTRONIC VERSION (2 -USB) $0.00 $0.00 451 99031110 1 DELIVERY, AERIAL APPARATUS $0.00 $0.00 452 99031820 1 FACTORY PROVIDED OPERATIONAL DEMONSTRATION, $3,235.50 $3,235.50 AT A LATER DATE, ZONE 2, UP TO 700 MILES 453 99520210 1 WARRANTY, ONE YEAR - AERIALS (DUBLIN) $0.00 $0.00 454 99521100 1 WARRANTY, FRAME, LIFETIME $0.00 $0.00 455 99521200 1 WARRANTY, CAB STRUCTURAL, 30 YR. $0.00 $0.00 456 99521300 1 WARRANTY, BODY STRUCTURAL, 10 YR. $0.00 $0.00 457 99521400 1 WARRANTY, PAINT, 10 YR. $0.00 $0.00 458 99521500 1 WARRANTY, AERIAL MECHANICAL, 2 YR. $0.00 $0.00 459 99521600 1 WARRANTY, AERIAL STRUCTURAL, 30 YR. $0.00 $0.00 460 99521900 1 WARRANTIES, MAJOR VENDOR COMPONENTS $0.00 $0.00 461 99999100 1 NOTATIONS $0.00 $0.00 462 99999996 1 TOTAL APPLICABLE FOR DISCOUNT $2,224,131.63 $2,224,131.63 11/12/2024 19 44 Line Item # Qty Item Description/Comments Unit Price Extended Price 463 99999997 1 DISCOUNT AMOUNT (15%) ($333,619.74) ($333,619.74) 464 99999998 1 NOT APPLICABLE FOR DISCOUNT ** Preconstruction conf & final insp trip 9792 Sourcewell fee 2000 and interest expense if payment at final delivery 15,000 $26,792.00 $26,792.00 465 99999999 TOTAL TRUCK PRICE $1,900,303.88 466 10310500 1 DEALER SUPPLIED $0.00 $0.00 467 PDB000101 1 DEALER SUPPLIED - Radio Mount- Dual Head $2,610.00 $2,610.00 468 PDB001296 1 DEALER SUPPLIED -Antenna Mounting(2) $630.00 $630.00 469 PDB000170 1 DEALER SUPPLIED -Akron Junction Box $993.61 $993.61 470 PDB001763 1 DEALER SUPPLIED - Shelves and Trays $12,000.00 $12,000.00 471 PDB001237 1 DEALER SUPPLIED - Akron Revolution Valve 6" x 5" Storz 30° $2,550.00 $2,550.00 472 PDB001237 1 DEALER SUPPLIED - Akron Revolution Valve 6" x 5" Storz 30* $2,550.00 $2,550.00 473 PDB001204 1 DEALER SUPPLIED - Brigade Weatherproof Screen/Camera $3,235.96 $3,235.96 474 PDB001226 1 DEALER SUPPLIED - Firecom 4 Position Wireless System $9,688.55 $9,688.55 475 PDB001806 1 DEALER SUPPLIED - GRAPHICS $15,000.00 $15,000.00 476 PDB000381 1 DEALER SUPPLIED - PD1 -Aerial $3,080.00 $3,080.00 477 PDB000283 1 DEALER SUPPLIED - DEALER PREP $21,528.00 $21,528.00 478 PDB000331 1 DEALER SUPPLIED — NFPA Equipment Allowance $65500.00 $65,500.00 479 PDB000105 1 DEALER SUPPLIED - Mount Equipment $12,000.00 $12,000.00 Total $2,068,670.00 11/12/2024 20 45 Ladder 14 Justification for Replacement Memo Aerial Ladder Design and Structural Integrity: The lightweight design of the 2018 Pierce Enforcer with Ascendant 107' aerial has resulted in Lower load-bearing capacity and stability issues. These concerns have been present since day one. A large crack was discovered in the framework of the lower telescopic fly section of the Ladder after a major structure fire, leading to necessary repairs. Though the damage was deemed warranty -related, it raises doubts about the overall structural integrity of the aerial. Electronic Control and Waterway Monitor Failures: The waterway monitor has experienced frequent failures, with issues such as miscalibrations and electronic malfunctions. The elevation motor was replaced after a water intrusion issue during a structure fire, only for the same problem to recur shortly after the apparatus was returned to service. The monitor's malfunctioning has caused significant downtime and repair costs, including a repair bill of $12,000 for replacing the elevation motor and backup hydraulic control. The possibility of requiring a full replacement of the monitor, with a cost of over $17,000, further compounds the financial strain. Ongoing Reliability Concerns: The apparatus has accumulated over 71,000 miles and 5,400 hours of run time. For perspective, if the engine hours were converted to miles driven, the odometer would read approximately 270,000 miles. While the powertrain and chassis have shown reliability, the aerial ladder's repeated electronic and structural failures suggest potential longer-term risks. Considering that the production time on the new tower would take three years, we could conservatively calculate the numbers to exceed 100,000 miles and 8,000 hours, if the apparatus is certifiable for that long. The department suggests it maybe prudent to place an order for a replacement sooner rather than later to avoid further extensive repair costs and unexpected downtime. In conclusion, the department faces an ongoing challenge with the current aerial ladder and its associated systems. Despite the apparatus' solid powertrain performance, the recurring issues with the ladder and monitor system, combined with concerns about the structural integrity of the aerial, raise serious questions aboutthe apparatus' continued viability. Given the potential costs for repairs and the lead time for a replacement, it is recommended to start planning for a new unit to ensure the reliability and safety of the department's Fire Rescue fleet for the future. 46 qg INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: David Kiernan, Deputy Fire Chief Department of Emergency Services DATE: November 26, 2024 SUBJECT: Approval for Amendment to MBV Work Order 2 It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next regular scheduled meeting. DESCRIPTIONS AND CONDITIONS: Indian River County Fire Rescue budgeted for the redesign of Fire Station 2 Dock in the approved Fiscal Year (FY) 2023/2024 Capital Improvement Element (CIE) in Year 2 (FY 2024/2025). On March 5, 2024, the Board approved Work Order 2 to MBV Engineering, Inc. which covered civil engineering, at a fee of $42,090. An amendment to Work Order 2 was received which provides the structural engineering needed to proceed with the project. The total cost of the amendment is $11,800. This includes Construction Plan, Reviews, Bidding Services, and Structural Construction Services. FUNDING: Funding, in the amount of $11,800, for the amendment to Work Order 2 is budgeted and available in the Optional Sales Tax/Fire Services/Fire Station #2 Dock account, number 31512022-066510- 24015. Account Name I Account Number Amount Optional Sales Tax/Fire Services/Fire Station #2 Dock 1 31512022-066510-24015 $11,800 RECOMMENDATION: Staff recommends the Board approve the Amendment to Work Order 2 and authorize the Chairman to execute it, after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENT: Amendment to Work Order 2 47 2023015 — Continuing Consulting Engineering Services AMENDMENT TO WORK ORDER FOR Fire Station No. 2 Boat Ramp & Dock Improvements (Project Name) This Amendment 01 to Work Order Number 02 is entered into as of December 17, 2024 , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 02 , with an Effective Date of March 5, 2024 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Modification to Scope of Work), attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant within the timeframe set forth in the Work Order, or as amended in Exhibit A, all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is modified as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. CONSULTANT: By: Print Name: Rodolfo Villamizar, P.E. Title: Senior Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Scope, thresholds and amendment number confirmed by: John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney Purchasing 48 EXHIBIT A - SCOPE OF WORK It is our understanding that the COUNTY intends to construct an 880 SF dock with an optional roof for boat shelter for the County Fire Station No. 2 located at 3301 Bridge Plaza Drive, Vero Beach, FL 32963. The proposed design will consist of structural engineering design of a dock system with a total footprint area of 880 square feet with the option for roof cover on the boat shelter. As such, MBV Engineering, Inc. will provide the design, plans, and plan details, as related to this Phase of the project. A description for each service is provided below in further detail. Structural Engineering Design Services a. Construction Plans The Consultant will prepare 24" x 36" design drawings for the above-described improvements in accordance with direction from the Fire Rescue staff. The design drawings for the IRC Fire Station No. 2 Boat Ramp and Dock Improvements will include development of plans to include Foundation, Framing System, Roofing System, and Structural Connections. b. County Reviews The Consultant will coordinate with the COUNTY Fire Rescue staff during design development for this Phase. COUNTY Fire Rescue staff shall provide review comments to Consultant and their respective structural requirements in order for Consultant to be able to incorporate into the design plans package. C. Bidding Services The COUNTY shall be responsible for setting and providing the front-end bid documents, bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The CONSULTANT will provide the following: • Preparation of Structural Documents for Bidding • Attendance at (1) Pre -Bid Meeting • Response to requests for additional information (RAls) for bidders NOTE: All construction specifications will be on the applicable plan sheets in lieu of a specifications manual. The Consultant will prepare a pdf file of the final bid package for the COUNTY's use in distribution to prospective bidders via Demandstar. d. Structural Construction Services The CONSULTANT shall provide the following scope of services during the construction phase: • Attendance at (1) Pre -Construction meeting at COUNTY with selected contractor and COUNTY staff • Shop drawings review of civil site components • Three (3) on-site inspections at the 30%, 60% and 90% completion phases • Review of testing reports and as-builts provided by Contractor • One (1) site visit for final walkthrough with COUNTY inspector and Fire Department staff in attendance 49 • As -Built review and coordination with selected Contractor (Contractor responsible to select licensed Surveyor during construction phase who will provided the necessary surveying services and as -built documents) • Coordination with Contractor during Construction phase • Certification by E.O.R. to COUNTY and jurisdictional agencies No endangered species or other ecological permitting is anticipated or included herein. DELIVERABLES The Consultant shall provide the COUNTY with the following: • Two (2) hard copies 24" x 36" of the Structural plans • One (1) electronic version of the Structural plans in pdf format TIME SCHEDULE Upon authorization to proceed by the COUNTY, the above-described services will be provided based on the following schedule: • Structural Engineering Design 45 days from the date of authorization EXHIBIT B RATE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee Structural Engineering Design Services: a. Construction Plan $ 4,000 b. County Reviews $ 1,800 c. Bidding Services $ 2,400 d. Structural Construction Services $ 3,600 TOTAL $ 11,800 This task includes costs and expenses such as print costs, mileage, courier deliveries, and overnight deliveries associated with the project. Permit application fees are not included in this Task and will be paid directly by the Owner. MBV will coordinate with the agency and Owner on the required fee and provide to Owner the applicable fee schedules / information from the agency. 50 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. 51 79 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Chris Balter, Planning & Development Services Director PREPARED BY: Kelly Buck, Code Enforcement Coordinator DATE: December 4, 2024 SUBJECT: Request for Partial Release of a County -Dedicated Drainage Easement at 500 2nd Street SW It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 2024. DESCRIPTION AND CONDITIONS: Indian River County has been petitioned by Timothy Rose, owner of a lot at 500 2nd Street SW (Lot 11, South Dixie Commercial Park Subdivision), for the partial release of a County -dedicated drainage easement. The purpose of the easement release request is to accommodate the future site improvements for a proposed construction office and asphalt batch plant facility. ANAi,Y191,19: The subject request is for a portion of County -dedicated drainage easement along the project site's north property line (see Attachment 1). The subject request has been reviewed by AT&T; Florida Power & Light; Comcast Cable Services; the County Utilities Department; and the County Public Works Department. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Consequently, staff has determined that granting the release will not adversely impact any provision of drainage services to the subject property or any surrounding properties (once the project site's proposed infrastructure improvements are constructed). RECOMMENDATION: Staff recommends that the Board, through adoption of the proposed resolution, approve the requested partial release of the County -dedicated drainage easement at 500 2nd Street SW. ATTACHMENT: 1. Excerpt Showing Requested Easement Release 2. Draft Resolution Page 1 of 1 52 RESOLUTION NO. 2024 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN EASEMENT (OR PORTION THEREOF) ON LOT 11, SOUTH DIXIE COMMERCIAL PARK SUBDIVISION WHEREAS, Indian River County has an interest in a drainage and utility easement on Lot 11, of SOUTH DIXIE COMMERCIAL PARK SUBDIVISION; and WHEREAS, TIMOTHY ROSE and ROSE OFFICE BUILDING, INC., the owner(s) of the property, has made application to Indian River County requesting that the County release the easement, or portion thereof, and WHEREAS, the retention of the easement, or portion thereof, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RE24#& nall right, title, and interest that it may have in the following described easement(s) to release the north twenty (20) foot and fifteen (1 Snat of Lot 11, South Dixie Commercial Park Subdivision, according to the plat thereof, cordedk 12, Page 89 of the Public Records of Indian River County, Florida. This release of easement is executed by Ij Florida, whose mailing address is 1801 27th THIS RESOLUTION was moved Commissioner by the following vote: Chairman Joseph E. Vice -Chairman DQMo Commissioner Sus Commissioner Joe Commissioner Laur a political subdivision of the State of Florida 32960. on Irommissioner , seconded by on t day of 32024, The Chairman declared the resolution duly passed and adopted this day of , 2024. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk APPROVED AS TO LEGAL FORM: Jennifer W. Shuler, County Attorney 54 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Addie Javed, P.E., Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director Richard Reichenbach, P.E., Project Engineer FROM: Jill Williams, Contract Support Specialist SUBJECT: Work Order No. 16 - Kimley-Horn and Associates, Inc. Indian River Boulevard Pedestrian and Bicycle Access Improvement Project (IRC -1817) DATE: November 21, 2024 DESCRIPTION AND CONDITIONS On May 10, 2022, the Board of County Commissioners approved Work Order No. 49 with Kimley- Horn and Associates, Inc. is to provide geotechnical, sidewalk, drainage and roadway design and permitting services for the proposed roadway & pedestrian improvements to be made to the Indian River Boulevard Corridor between the 17th Street Bridge and US -1 in the amount of $268,780.00. Those services have been completed and the agreement under which Work Order 49 was issued has since expired. The Board approved a new continuing services agreement with Kimley-Horn under RFQ 2023015 on May 2, 2023. Work Order No. 16 in the amount of $225,200.00 with Kimley-Horn & Associates, Inc. is to provide post design, construction phase services for the project and for modification of construction plans to improve ten (10) transit bus stops located within project limits. Also included is a modification of the traffic signal at 12th St & IR Boulevard to include a flashing yellow left -turn arrow. A study conducted bythe National Cooperative Highway Research Program determined that drivers had fewer crashes with flashing yellow left -turn arrowsthan with traditional yield -on -green signal configurations. FUNDING Funding in the amount of $225,200.00 for Work Order No.16 is available in Account No. 10921441- 066510-21021/Secondary Roads/IR Blvd Ped & Bike Access. Account Name Account Number Amount Secondary Roads/IR Blvd Ped & Bike 10921441-066510-21021 Access $225,200.00 55 PAGE TWO BCC Agenda Item WO No. 16 — KHA — IR Blvd Ped & Bike Access For December 17, 2024 RECOMMENDATION Staff recommends approval of Work Order No. 16 to Kim ley -Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 16 on their behalf in the amount of $225,200.00. ATTACHMENTS Kimley-Horn & Associates, Inc. Work Order 16 AGENDA ITEM FOR DECEMBER 17, 2024 C:\Granicus\Leg star5\L5\Temp\a7bb58a9-eS94-4e4d-8ea5-2e03fb62634% IRC -1817 Indian River Boulevard Pedestrian and Bicycle Access Improvement Project ENGINEERING SERVICES WORK ORDER 16 This Work Order Number 16 is entered into as of this _ day of I , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn & Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B of the Agreement (Rate Schedule) for RFQ 2023015, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: Kimley-Horn & Associates, Inc. BOARD OF COUNTY COMMISSONERS OF INDIAN RIVER COUNTY: By:_ Name: Title: By: Joseph E. Flescher, Chairman BCC Approval Date: By: John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency: By: Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) 57 EXHIBIT #A Indian River Boulevard Pedestrian & Bicycle Access Improvements Project Construction Phase Services Project ID IRC -1817 PROJECT UNDERSTANDING The County desires to have construction phase services provided to support improving Indian River Boulevard to included dedicated bike lane and pedestrian facilities between US Highway 1 and 17th Street, approximately 9,200 linear feet. In addition, the County desires to modify the construction plans to improve the ten (10) transit bus stops located within the project limits. Also, the County desires modify the 12th Street and Indian River Boulevard traffic signal to include a flashing yellow left -turn arrow. A study conducted by the National Cooperative Highway Research Program determined that drivers had fewer crashes with flashing yellow left -turn arrows than with traditional yield -on -green signal configurations. SCOPE OF SERVICES "SECTION III — SCOPE OF SERVICES" is being modified to incorporate the following: Task 1- Construction Phase Services The Consultant will provide professional construction phase assistance as specifically stated below: 1. Clarifications and Interpretations. The Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to the COUNTY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the COUNTY. 2. Change Orders. The Consultant may recommend Change Orders to the COUNTY and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 3. Shop Drawings and Samples. The Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Shop drawings, samples or certifications are anticipated to be submitted related to the following: Page 1 of 5 58 • Roadway and Drainage elements • Signing and Marking elements 4. Applications for Payment. All applications for payment will be reviewed and approved by the COUNTY. 5. Final Notice of Acceptability of the Work. The County will be responsible for project acceptance, as -built drawing review and permit certifications. 6. Limitation of Responsibilities. The Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. The Consultant shall not have the authority or responsibility to stop the work of any Contractor. 7. Record Drawing Review and Permit Certification. The Consultant will review the Record Drawings as submitted by the Contractor. Based upon receiving acceptable Record Drawings from the Contractor, the Consultant will prepare and submit certifications to the following jurisdictional agencies: • Indian River County 8. Final Notice of Acceptability of the Work. The Consultant will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with the COUNTY and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. The Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that the PROFESSIONAL may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, the Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of the Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. Task 2 — Transit Stop Improvements The GoLine transit service has ten (10) stops identified along Route 4 between US Highway 1 and 17' Street. The approximate location of the existing transit stops are the following: • Bridge Water Medical Offices (2 stops) • Indian River Apartments (2 stops) • 12th Street intersection (2 stops) Page 2 of 5 59 • 8th Street intersection (2 stops) • Mullinax Ford dealership (1 stop) • Vista Gardens (1 stop) Task 3 - Signalization Modification Plans To improve corridor safety, the COUNTY desires to modify the following traffic signals: • 12th Street and Indian River Boulevard The existing traffic signal will be modified to include a flashing yellow arrow signal indication. A study conducted by the National Cooperative Highway Research Program determined that drivers had fewer crashes with flashing yellow left -turn arrows than with traditional yield -on - green signal configurations. A flashing yellow arrow must use a separate four section head positioned over the center of the left turn lane. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 3 of 5 60 EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Cost Plus Max Tasks Task Labor Fee Task 1 - Construction Phase Services $ 141,980 Lump Sum Tasks Task Labor Fee Task 2 —Transit Stop Improvements $ 63,660 Task 3 — Signalization Modification Plans $ 19,560 Total Project Cost = $ 225,200 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 4 of 5 61 EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, the services identified above are anticipated to extend through the duration of project construction, which is estimated to be approximately 20 months. 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L N 0 C to C Of v 'C m m a E M rn N rn m a 0 L) �e 0 s N 12 C 7 O U c o ° 0 U 2 N C � N O y � d C N O LL E O U aNV V 00 V v N V V in �a 0 — U) O w O a` m o_ H= N N O O0 N00 N d V N co N w O CL` v r d c o o O y yj N N �O CL` m c o V (O co O co N N N fAu O a` �o a O m co C a` n C N E N C N E T ZI C 7 O U w W N cm C Y p c C N _ O tom E > otl 0C O c O d d O O 0:' N C d C_ A fn uim -0L -2 w m _ m in 0 t c LL A 0 O U Q U m f c U4) a m ami ami O d c0 -,r- O O O 00, v a u� rn N rn m a M m a T L� ti N N N m d d T d O N d O U O t: Q fn a V U) m O N W cOo '6 a` m _O — O O O O — aO V a O IL v � d c d N O _N O] JT �O IL` m c `o N d � O V O N O N W 00 N a` A a C c N a` N C E m Y m d O d C d C a c E c m m E c :o of O Q N C m m •y r U v m m o aa 0 M m a T L� Y m E C o tr- 0. a O. o t% N m C O N — o w O IL` 'R 0 �- d — 0 c0 0 c0 0 CL` v d or N N � w o IL �a c `o y 0 d V N V N N O IL` A S 0 S v v m a` m Q' U) L N Y � p - 0 d f0 O a m c E d to v rn A � o U f d d m o �cy a 0 in v d m m a �o INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Addie Javed, P.E., Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director Robert S. Skok, Infrastructure Project Manager FROM: Jill Williams, Contract Support Specialist SUBJECT: Jackie Robinson Training Complex Walking Trail (IRC -1908) Release of Retainage and Change Order No. 1 DATE: November 25, 2024 DESCRIPTION AND CONDITION On September 12, 2023, the Board of County Commissioners awarded Bid No. 2023041 to Prince Land, Inc. in the amount of $1,322,979.64 for construction of a 12' wide millings walking trail, two (2) asphalt driveway connections to the adjacent roadways (43rd Avenue and Aviation Blvd.), a milling access road connecting the two (2) driveway aprons, installation of a newtree line along the west side of the parcel (adjacent to 43 d Avenue) and a steel span prefabricated pedestrian bridge connecting the walking trail parcel to the cloverleaf fields to the east. On July 17, 2024, Indian River County was notified by Prince Land Inc.'s subcontractor for the pedestrian bridge, Bridge Brothers, Inc., they would not schedule delivery of the bridge due to unpaid invoices by Prince Land, Inc. going back to February 2024 and totaling $336,791.00. When Indian River County contacted Prince Land, Inc. regarding the unpaid invoices, Prince Land, Inc. stated they were unable to make payment. In addition to the bridge payment issue, there were several items on the project that had not yet been completed or needed to be corrected. On July 23, 2024, Indian River County sent notice to Prince Land, Inc. and the bonding company, Lexington National Insurance Company, that Prince Land, Inc. was in breach of Contract IRC -1908 and pursuant to the terms of the contract, and the County decided to terminate the contract. Indian River County paid the outstanding invoices to Bridge Brothers, Inc., totaling $336,791.00, and the pedestrian bridge was delivered and installed by Bridge Brothers, Inc. The County also paid a change order to Bridge Brothers, Inc. in the amount of $10,745.38 to correct placement of anchors, nuts and washers previously installed by another of Prince Land Inc.'s subcontractors. After discussions between the bond company, Indian River County staff and Prince Land, Inc., Indian River County agreed to allow Prince Land, Inc. a 30 day period to complete the items outstanding for the project. All items were completed within the agreed upon time period. 67 Jackie Robinson Training Complex Walking Trail (IRC -1908) Release of Retainage and Change Order No. 1 For December 17, 2024 Meeting Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract (including the amount paid for the pedestrian bridge) by $434,188.30, resulting in a final contract price of $888,791.34. Prince Land, Inc. has completed the project and has been paid $844,351.77 with $44,439.57 held in retainage. Prince Land, Inc. has submitted Contractor's Application for Payment No. 1908-8FINAL for release of retainage in the amount of $44,439.57. FUNDING Funding in the amount of $44,439.57 for release of retainage is budgeted and available from Account No. 315-206000-19021/ Optional Sales tax/J RTC Walking Trail/Retainage-Prince Land, Inc. Account Description Account Number Amount Optional Sales tax/JRTC Walking Trail/Retainage-Prince Land, Inc 315-206000-19021 $44,439.57 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 1908-8FINAL to Prince Land, Inc. in the amount of $44,439.57 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 1908-8FINAL 2. Change Order No. 1 APPROVED AGENDA ITEM FOR DECEMBER 17, 2024 C:\Gra icus\Legistar5\L5\Temp\f7d3bd84-Oea5-465f-Sfcc-6a7c35bdeO4e.doc 68 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 12/17/2024 No. 1 EFFECTIVE DATE:12/17/2024 OWNER: Indian River County CONTRACTOR Price Land, Inc. Project: Jackie Robinson Training Complex Walking Trail OWNER's Project No. 1908 OWNER'S Bid No. 2023041 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 to finalize the contract. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $1,322,979.64 Net increase (decrease) of this Change Order: $(434,188.30) Contract Price with all approved Change Orders: $888,791.34 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 90 Final Completion: 120 Net increase (decrease) this Change Order: (days or dates) Substantial Completion: 120 Final Completion: 120 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 210 Final Completion: 1 240 RECOMMENDED: By: PROJECT MANAGER(Signature) Date: APPROVED: By: OWNER (Signature) Date: I RC-1908_CO 1 _20241217 00942-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1908 Jackie Robinson TC Walking Trail\t-Admin\Agenda Items\Project Closeout\IRC-1908_CO1_20241217.doc Rey^ 05/01 6lJ CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: JACKIE ROBINSON TRAINING CENTER WALKING TRAIL PROJECT NO. IRC -1908 BID NO. 2023041 Item No. Description Urdt Quantfty Unit Price Price Increase Price Decrease 334-1-53A SUPERPAVE APHALTIC CONCRETE LEVELING COURSE TN 74 316.90 23 558.35 436-1-1 TRENCH DRAIN BEHIND BRIDGE SUPPORT LF 30 135.00 4,050.00 WCD1 RELOCATE EXISTING FIRE HYDRANT LS 1 6496.11 6,496.11 WCD3 To remove galvanized finish from original bridge scope and replace wit LS 1 12,695.55 12 695.55 WCD4 Added materials striping,signage to entry & thermos to H/C Stalls. Rep LS 1 5,071.53 5,071.53 334 -1-53B SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C (TYPE SP - 12.5 76-22 1.5") TN 133 289.65 38 523.45 WCD5 To remove bridge charges paid by IRC to Bridge Brothers, Inc. to ensure delivery of bridge on 7/29/2024 LS 1 336,791.00 336 791.00 WCD6 To charge for Bridge Brothers Invoice for Change Order No. 1 to correct placement of anchors/nuts & washers previously installed by Prince Land subcontractor LS 1.00 10 745.38 10 745.38 Rounding LS 1.00 0.01 0.01 344 -FA FORCE ACCOUNT LS 1 100,000.00 100,000.00 AL SUBTOTALS JACKIE ROBINSON TRAINING CENTER WALKING TRAIL TOTAL 51,871.54 486,059.84 $ 434,188.30) 70 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1908 Jackie Robinson TC Waking Traits-Admin\Agenda Items\Project Closeout\IRC-1908_CO1_20241217 T NT AGENDAting 12-17-2024 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services / Library Services Date: November 27, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Michelle Wagner, Genealogy Librarian, Chairperson - IRC Centennial Celebration Subject: Acceptance of Sponsorship from Cleveland Clinic for Centennial Celebration BACKGROUND: On June 29, 1925, Indian River County, a subsidiary of the State of Florida, was formed. In observation of this momentous occasion the County desires to hold a celebration for the 100 -year anniversary January 2025 through June 2025. Events will be scheduled and held throughout the County along with a history fair and parade. There will also be an event honoring the pioneer families (those that have resided in Indian River County since 1925). Cleveland Clinic is willing to sponsor the Indian River County Centennial (1925-2025) in the amount of $10,000 (Surfin' Turtle). FUNDING: Revenues, in the amount of $10,000, will be deposited into General Fund/Sponsorships/Centennial Celebration account, number 001038-366111-24022. Account Name Account Number mount A$10,000 General Fund/Sponsorships/Centennial Celebration 001038-366111-24022 RECOMMENDATION: Staff respectfully recommend that the Board of County Commissioners approves the agreement with Cleveland Clinic and accepts the $10,000 donation. ATTACHMENTS: Cleveland Clinic Sponsorship Services Agreement 71 "i Cleveland clinic LA Sponsorship Services Agreement This Sponsorship Services Agreement ("Agreement") is made and entered into as of the last date this Agreement is signed by both parties ("Effective Date"), between County of Indian River Board of County Commissioners ("Agency"), with its principal place of business at 1801 27' Street, Vero Beach, FL 32960 and Indian River Memorial Hospital, Inc., d/b/a Cleveland Clinic Indian River Hospital ("CCIRIT), a Florida not-for-profit corporation, doing business at 1000 36' Street, Vero Beach, FL 32960. Agency and CCIRH may be referred to herein individually as a "party" or, collectively, as the "parties". WHEREAS, Agency is a not for profit organization with the mission to enhance the quality of life by improving the standard living of all Indian River County residents by advancing programs and policies directed toward children services, senior services, veteran services, economic opportunity, attainable housing, community health, recreation and public mobility (to foster a thriving community); and WHEREAS, CCIRH desires to become a sponsor of Agency's events as described herein and receive certain marketing and promotional opportunities associated with said charitable events on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants contained herein, CCIRH and Agency agree as follows: 1. Services. Agency and CCIRH mutually agree to provide the sponsorship benefits and services at the locations and dates set forth and as described on the attached Exhibit A. which is hereby incorporated by reference (the "Services"). Agency shall be responsible for acquiring all necessary equipment, materials and tools necessary to perform the Services. 2. Independent Contractor Status. In the performance of Agency's obligations under this Agreement, Agency shall at all times act as and be deemed an independent contractor. Nothing in this Agreement shall be construed or interpreted as to render Agency or any of its employees, agents, or officers, an employee, joint venturer, agent, or partner of CCIRH. Agency is not authorized to assume or create any obligations or responsibilities, express or implied, on behalf of or in the name of CCIRH, except as specifically set forth herein. The employees, methods, facilities, and equipment of Agency shall at all times be under Agency's exclusive direction and control. 3. Sponsorship Fees. Fees and financial support for all Services under this Agreement provided by the parties shall be as set forth in Exhibit A. If the Services outlined in Exhibit A are substantially changed, modified, reduced or cancelled, then CCIRH shall be entitled to either a refund of the reasonably attributable portion of its sponsorship fee, or to additional Services from the Agency in lieu thereof. 4. Responsibilities of Agency. Agency shall use its best efforts to facilitate and promptly complete the Services. Agency will determine the methods, details and means of facilitating the Services. 5. Conflict of Interest. CCIRH maintains and adheres to a Conflict of Interest Policy. In that connection Agency represents that no CCIRH employees, officers or directors are employees, officers or 72 directors of Agency or serve on any boards or committees of or in any advisory capacity with Agency, except as disclosed here in N/A 6. Tax Exempt Status. The parties recognize that the CCIRH is a non-profit, tax-exempt organization and agree that all actions taken under this Agreement will take into account and be consistent with CCIRH's tax-exempt status. If any part or all of this Agreement is determined solely by CCIRH to jeopardize the overall tax-exempt status of CCMH and/or any of its exempt affiliates, then CCIRH will have the right to terminate this Agreement immediately without further obligation or liability. 7. Grant of License and Use of Marks. Subject to all of the terms and conditions of this Agreement, CCIRH hereby grants to Agency a freely revocable, non -transferable, non -assignable, non-exclusive, limited right to use the CCIRH logo and trademarks as provided by CCIRH to Agency (the "Marks") solely in order to perform its obligations under this Agreement. No other right or license is granted by CCIRH either express or implied, with respect to any other logo or CCIRH Mark. Agency shall not use the Marks in any manner not specifically authorized by this Agreement. Agency agrees that CCIRH Marks, together with the goodwill of the business symbolized thereby, are the sole and exclusive properties of CCIRH. The use by Agency of the CCIRH Marks shall inure to the benefit of CCIRH. Agency shall use the CCIRH Marks in the exact form as sent to Agency by an authorized CCHM employee via electronic means. 8. Use of Name. Other than as set forth in Section 7 above, Agency shall not use the name, logo, likeness, trademarks, image or other intellectual property of CCIRH for any advertising, marketing, endorsement or any other purposes without the specific prior written consent of an authorized representative of CCIRH as to each such use. 9. Term and Termination. This Agreement shall become effective as of the Effective Date and shall continue in full force and effect through June 30, 2025, or until terminated as provided herein ("Term"). Either party may terminate this Agreement at any time, with or without cause, by providing the other party thirty (30) days prior written notice. If CCIRH terminates this Agreement pursuant to this Section, CCIRH shall have no other liability to Agency as a result of termination of this Agreement. 10. Confidentiality/HIPAA. For the purposes of this Agreement, confidential information ("Confidential Information") shall mean all proprietary, secret or confidential information or data relating to CCIRH, including but not limited to, its operations, employees, services, patients or customers. Agency acknowledges that CCIRH may disclose Confidential Information to Agency in connection with this Agreement. If Agency receives Confidential Information it shall: (a) maintain the Confidential Information in strict confidence; (b) use at least the same degree of care in maintaining the secrecy of the Confidential Information as Agency uses with respect to its own proprietary, secret or confidential information, but in no event less than a reasonable degree of care; (c) use Confidential Information only to fulfill its obligations under this Agreement; and (d) return or destroy all documents, copies, notes or other materials containing any portion of the Confidential Information upon request of CCIRH. Agency shall have no obligation concerning any portion of the Confidential Information which: (a) was known to Agency before receipt from CCIRH; (b) is lawfully obtained by Agency, from other a third party, under no obligation of confidentiality; (c) is or becomes publicly available other than as a result of an act or failure to act by Contractor. To the extent Confidential Information is required to be disclosed by Agency by applicable law or legal process, Agency shall promptly notify CCIRH to allow CCIRH to contest such disclosure. Agency shall not disclose any portion of the Confidential Information to any person except those of its employees having a need to know such portion to accomplish the purposes contemplated by this 73 Agreement. The obligations under this Section shall survive termination of this Agreement. HIPAA Agency agrees to comply with the applicable Health Insurance Portability and Accountability Act of 1996 and the related regulations, as they may be amended from time to time ("HIPAA") in the course of performing its obligations under this Agreement. If determined that Agency is a Business Associate as defined in HIPAA, and does not qualify for its exceptions, Agency agrees to execute a Business Associate Agreement on terms and conditions mutually agreed to by the parties. 11. Notices. All notices and other correspondence related to this Agreement shall be in writing and shall be delivered by certified mail, return receipt, or by facsimile transmission or electronic mail if the necessary information for delivery of such is shown below, addressed as follows: CCIRH: Cleveland Clinic Florida Regional Health System Nonprofit Corporation 2950 Cleveland Clinic Boulevard Weston, Florida 33331 Attn: Marketing Director With a Copy to: Cleveland Clinic Law Department The Cleveland Clinic Foundation 2950 Cleveland Clinic Boulevard Weston, Florida 33331 Agency: Indian River County Board of County Commissioners 180127' Street Vero Beach, FL 329060 Attn: Michelle Wagner 12. Non -Assignment. Agency shall not assign or subcontract any of its obligations under this Agreement, in whole or in part, without the advance written consent of CCIRH. 13. Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Florida, without regard to conflicts of laws provisions, and any legal action relating, in any way, to this Agreement, shall be brought in the courts sitting in the State of Florida, County of Broward. 14. Force Majeure. Each party's performance under this Agreement and Exhibit A is subject to occurrences that are beyond its reasonable control and occurring without its fault or negligence, including but not limited to: acts of God, fire, explosions, floods, earthquakes, volcanic eruptions, hurricanes, tsunamis, declared war, government regulations, travel or other restrictions imposed by governmental authority with competent jurisdiction, police actions, acts of terror, riots, insurrections or civil disorder or disruption, public or private disaster, public health issues (including epidemics or pandemics), or any other unforeseeable emergency or causes of a comparable nature beyond the affected party's control and without the fault or negligence of the party so affected, any one of which makes it impossible or commercially impracticable to perform its obligations under Exhibit A and this Agreement (collectively, "Force Majeure Events"). The party so affected shall give prompt notice to the other party of such Force Majeure Event and shall take whatever reasonable steps are 74 necessary to relieve the effect of such Force Majeure Event as rapidly as reasonably possible and (if possible) to resume performance as soon as practicable under the circumstances. In the event it becomes necessary for either party to terminate Exhibit A due to a Force Majeure Event, it shall not be considered a breach of the Exhibit A or this Agreement. 15. Compliance. By entering into this Agreement, the parties specifically intend to comply with all applicable laws, rules and regulations relating to this Agreement as they may be amended from time to time. In the event that any part of this Agreement is determined to violate federal, state, or local laws, rules, or regulations, the parties agree to negotiate in good faith revisions to the provision or provisions that are in violation. In the event the parties are unable to agree to new or modified terms as required to bring the entire Agreement into compliance, either party may terminate this Agreement without further obligation on thirty (30) days written notice to the other party. 16. Regulatory. The parties agree to comply with all applicable state and federal laws, rules, and regulations and all local ordinances. Agency represents that it has not been debarred, suspended, excluded or otherwise determined to be ineligible to participate in federal healthcare programs or federal procurement and non -procurement programs (collectively, "Debarred') and acknowledges that CCHM shall have the right to terminate this Agreement immediately without further obligation in the event that Contractor is Debarred. Accordingly, Agency shall provide CCHM with immediate notice if during the term of this Agreement Agency (i) receives notice of action or threat of action with respect to its Debarment; or (ii) becomes Debarred. 17. Working Environment. It is the policy of CCIRH to have a work place free of harassment, including but not limited to sexual harassment. Agency acknowledges that CCIRH is committed to keeping its work place free of illegal drugs in accordance with the guidelines set forth in the Drug -Free Workplace Act of 1988, Pub. L. No. 200-690, codified at 41 U.S.C. Sec. 701, et. seq. Agency's compliance with this drug prohibition is a condition of providing Services for MRH and violators, in addition to such penalties as may be imposed under law, are subject to removal from CCIRH's premises. Accordingly, the unlawful use, manufacture, possession, sale, or transfer of illegal or controlled substances or abuse or unauthorized use of alcohol on or around CCIRH's premises is prohibited. Further, Agency acknowledges that CCHM maintains a smoke-free environment at its facilities and that smoking is prohibited on CCIRH's premises. 18. General. In the event that any provision of this Agreement is held unenforceable under applicable law, the remaining provisions of this Agreement shall remain in full force and effect. Any amendment to this Agreement must be in writing and must be signed by an authorized representative of the parties. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach of the same or other provision hereof. 19. Integration. This Agreement, together with all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to obligations and responsibilities to be performed by the parties under this Agreement. The parties agree that all prior or contemporaneous agreements, proposals, purchase orders, representations and other understandings concerning the subject matter of this Agreement, whether oral or written, between the parties supersede in their entirety by and reduced to writing in this Agreement. To the extent that the terms of this Agreement and Exhibit A are inconsistent, the terms of this Agreement shall govern. The parties acknowledge that the recitals are true and correct and are incorporated herein and made a part of the Agreement by this reference. 75 20. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the parties hereto or their respective permitted successors and assigns any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives as of the date first above written. INDIAN RIVER MEMORIAL HOSPITAL, INC. INDIAN RIVER BOARD OF COUNTY d/b/a CLEVELAND CLINIC INDIAN RIVER COMMISSIONERS HOSPITAL By: Title: Date: Title: Date: 76 EXHIBIT A Sponsorship by Cleveland Clinic Indian River Hospital ("CCIRH" or "Sponsor") Surfin' Turtle Sponsor: $10,000 Event: Indian River County Centennial Celebration Date: January 11, 2025 -June 30, 2025 Sponsorship Benefits: • CCIRH recognition on the Centennial website. • CCIRH social media recognition as sponsor of the Event. • Four (4) Centennial pole flags to be hung in Vero Beach of Sebastian with CCIRH logo. • Ten (10) yard signs showing CCIRH support for the Event. • Eight (8) Swag bags containing Centennial memorabilia. 77 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Addie Javed, P.E., Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director Mark Winslow, P.E., Project Engineer FROM: Jill Williams, Contract Support Specialist SUBJECT: CR512 & N. Broadway Street Drainage Restoration (IRC -2006) Change Order No. 1 DATE: December 2, 2024 DESCRIPTION AND CONDITIONS On May 21, 2024, the Board of County Commissioners awarded Bid No. 2024036 in the amount of $215,234.70 to Southeast Services of the Treasure Coast, Inc. (SES) to survey, dewater, clean and perform closed circuit television (CCTV) inspection of 8,834 linear feet of drainage pipe and associated drainage structures located within the CR512 and N. Broadway Street right-of-way in the City of Fellsmere. Change Order No. 1 is to incorporate SES's proposal to perform repairs on defects discovered after cleaning and video inspection of the various pipes, submitted in compliance with the specifications of the bid. The work generally consists of raising buried manholes, internal grouting to fill and repair pipe surface defects, and external pressure grouting of branch connections to the CR512 main drainage line. The Contractor has requested 44 days to be added tothe,contractto complete the work. SES has submitted a price of $211,108.00 to replace/repair the damaged pipe, for a new contract total of $426,342.70. The Contractor included a modification to the bond for the additional work in the proposal. FUNDING Funding in the amount of $211,108.00 for Change Order No.1 will be rolled over from FY23/24 and programmed into the upcoming FY24/25 CIE that is being formulated now. Account Description Account Number Amount Optional Sales Tax/CR512 & N Broadway Pipe Replacement 31521441-066510-24002 $211,108.00 78 CR512 & N. Broadway Street Drainage Restoration (IRC -2006) Change Order No. 1 For December 17, 2024 Meeting RECOMMENDATION Staff recommends the Board approve Change Order No. 1 increasing the contract time by 44 days and additional funding in the amount of $211,108.00 for a new contract total of $426,342.70. Staff further recommends the Board authorize the Chairman to execute said Change Order No. 1 after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION Change Order No. 1 APPROVED AGENDA ITEM FOR DECEMBER 17, 2024 C:\Granicus\Legistar5\LS\Temp\64dc9719-92b74636-x359-97a640419fl 3.doc 79 SECTION 00942 - Change Order Form I+tO. DATE OF ISSUANCE: 12/17/2024 EFFECTIVE DATE: 12/17/2024 OWNER: Indian River County CONTRACTOR Southeast Services of the Treasure Coast, Inc. Project: CR512 & N. Broadway St. Drainage Restoration (Fellsmere) OWNER's Project No. IRC -2006 OWNER'S Bid No. 2024036 You are directed to make the following changes in the Contract Documents: Description: j Raising buried manholes, internal grouting to fill and repair pipe surface defects and external pressure grouting of branch connections to the CR512 main drainage line. Reason for Change Order. Defects discovered during cleaning and video inspection of pipes. Attachments: Southeast Services, Inc. Estimate No. 6339, dated 12/3/2024 CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $215,234.70 Net increase (decrease) of this Change Order: $211,108.00 Contract Price with all approved Change Orders: $426,342.70 By'Southeast Services, Inc. CONTRACTOR (Signature) Date;..., CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Final Completion. 180 Net increase (decrease) this Change Order; (days or dates) Final Completion: 44 Comb Tithe with all approved Change Wow (days or dates) `FSI com i 224 RECOMMENDE By: Mark Winslow,: P.E. ENGINI (Signature) Date: f '. APPROVED: By: Joseph E. Flescher, Chairman OWNER (Signature) Date: IRC -2006 -SES -COI -20241217 00942-1 F:Tublic Works\ENGINEERING DIVISION PROJECTSVO06 CR612 Drainage Restoration (Fe11smere)11-AdnninWgenda Items\Change OrdersllRC- go 2006_SES 5!0 CO1_20241217.doc Rev. 01 '"1 M ATIE Southeast Services of the TYeasure Coast, Inc. CG 815 10th Court SW Vero Beach, FL 32962 sewrvices@bellsouth.net +1 (772) 226-7416 following repairs to the storm water system, pricing is inclusive of mobilization, materials, labor, and post repair TV inspection. 2. Asset Repair 1-21 to 1-20 (P29) 1 $5,400.00 $5,400.00 grout joint at 15.5' grout hole in pipe at 4 o'clock at 32.3' grout hole in pipe at 9 o'clock at 40.6' 1-21 to 8 (P30) grout joint at 11.2' grout defect at 15.1' grout defect at 23.4' grout defect at 12 o'clock at 38.9' (1) day. 3. Asset Repair 1-24 to MH 9 (P35) 1 $5,400.00 $5,400.00 grout defect at 8 o'clock at 70.4' grout defect at 4 o'clock at 78.5' grout defect at 4 o'clock at 95.5' grout defect at 3 o'clock at 98.8' remove scale and grout at 99.1' grout joint at 100.1' (1) day. 4. Asset Repair 1-28 to MH 10 2 $5,400.00 $10,800.00 grout defect at 7 o'clock at 14.5' u grout defect at 7 o'clock at 22.2' e grout defect#*** NbW at 30.1' grout defect at ti o'clock at 47.1' grout defect at 2 o'clock at 55.8 ' 81 grout defect at 7 o'clock at 64.7' 5. 6 N 8. el 10. grout joint at 68.9' grout defect at 7 o'clock at 72.8' grout defect at 7 o'clock at 78.5' grout defect at 2 o'clock at 81' grout defect at 7 o'clock at 88.6' grout defect at 7 o'clock at 105.1' (2) days Asset Repair 1-30 to 1-29 1 $5,400.00 $5,400.00 grout defect at 8 o'clock at 22.T grout defect at 10 o'clock at 38.6' grout defect at 3 o'clock at 45.6' I-30 to M H 10 grout defect at 3 o'clock at 12.6' grout defect at 9 o'clock at 21' grout defect at 12 o'clock at 27.7' grout defect at 9 o'clock at 36.5' (1) day Asset Repair 1-33 to 1.32 1 $5,400.00 $5,400.00 grout joint at 9' grout defect at 4 o'clock at 13.8' grout defect at 2 o'clock at 21.7' grout joint at 25.5' grout defect at 38' (1) day {, Asset Repair 1-33 to MH 11 2 $5,400.00 $10,800.00 grout defect at 12 o'clock at 12' j grout defect at 12 o'clock at 19.2' grout joint at 25' grout defect at 3 o'clock at 49' grout defect at 3 o'clock at 54.6' grout defect at 3 o'clock at 62.5' grout defect at 2 o'clock at 70.1' , grout defect at 4 o'clock at 79.4' grout defect at 3 o'clock at 100' (2) days Asset Repair MH 11 to MH 12 1 $5,400.00 $5,400.00 grout at 133.6' grout at 166' (1) day Asset Repair 1-19 to MH 8 (P28) Inclusive of chain 4 $5,400.00 $21,600.00 cutting grout defect at 14.3' grout defect at 22.1' grout old lift ring at 30' (chain cut) grout defect at 38.1' (chain cut), grout lift ring hole at 46.4' (f grout lift ring hole at 55.9" grout hole at 6 o'clock at 62.4' grout hole in joint (I81) at 66.9' t grout hole at 9 o'clock at 70.5' grout joint out of tolerance at 74.9' j grout hole at 7'o'clock at 78.4' ? grout pint out of tolerance (181) at 82.9' } grout pint out of tolerance at 91.1` k (4) days i I -42 . ird 12. 13. 14. 15. 16. 17 18. Asset Repair MH 6 to MH 7 2 $5,400.00 i $10,800.00 C Chain cut and grout at 183' (2) days Asset Repair 1-9 to 1-10 (P-14) 1 $5,400.00 $5,400.00 grout hole at 6 o'clock at 20' grout hole at 2 o'clock at 28.5' grout hole at 9 o'clock at 36.1' grout hole at 2 o'clock at 45.2' 1-10 to MH 5 No access concrete in pipe. (1) day Asset Repair 1-8 to MH 5 (P-13) 2 $5,400.00 $10,800.08 grout hole at 4 o'clock at 22' grout hole at 6 o'clock at 29' grout hole at 10 o'clock at 37' grout hole at 6 o'clock at 45' j grout hole at 7 o'clock at 50' grout hole at 3 o'clock at 52' install interior band at 66' } grout hole at 2 o'clock at 70' ! grout hole at 4 o'clock at 77' i grout hole at 7 o'clock at 85' grout hole at 2 o'clock at 92' (2) days Asset Repair 1-7 to 1-8 1 $5,400.00 $5,400.00 install band at 21' (1) day I Asset Repair P-12 1 $5,400.00 $5,400.00 grout hole at 7 o'clock at 25.3' (1) day Asset Repair 1-16 to 1-17 (P-24) 1 $5,400.00 $5,400.00 grout hole at 15' (roots W) grout hole at 3 o'clock at 23' (1&1) grout hole at 11 o'clock at 40' (I&I) (1) day I 3 Asset Repair I-17, to MH 7 (P-25) 1 $5,400.00 $5,400,06. grout at 67' (heavy I&4 at 147) 113 to 1-14 (P-21) I concrete wire blocking: at 143 (1') day } r Asset Repair 1-15 to MH 7 (P-23) 1 $6,: MOd $5,400.00 grout hole at 3 o'clock at 53` grout hole at 3 o'clock at 60' I grout hole at 9 o'clock at 84.5' 1 grout hole at 9 o'clock at 93' (1) day Asset Repair 1-26 to I -25 (P-36) (SD 26. to SD 25) 1 $5,400.00 $5,400.00 grout hole at 3 o'clock at 16.1' grout hole at 2 o'clock at 23,6' grout hole at 7 o'clock at 31.4' grout pint at 35.4' grout hole at 9 o'clock at 40' (1) day, 83 19. 20 21 22. 23. 24. 25. 26- 27 28. Asset Repair SD -26 to MH 9 (P-37) (1-26 to MH 9) 1 $5,400.00 $5,400.00: grout hole at 7 o'clock at 2' grout hole at 7 o'clock at 16' grout hole at 7 o'clock at 24.2' i grout hole at 6 o'clock at 31.5' (1 day) Asset Repair SD -24 to SD -23 (P-34) 1 $5,400.00 $5,400.00 grout hole at 11 o'clock at 15.1' grout hole at 10 o'clock at 23.2' grout hole at 5 o'clock at 38.4' (1) day Asset Repair 1-19 to 1-18 (P-27) 1 $5,400.00 $5,400.00 grout hole at 7 o'clock at 14' 1 grout hole at 7 o'clock at 22.1' grout hole at 1 o'clock at 30.4' grout hole at 9 o'clock at 38.6' (1) day Asset Repair 1-35 to MH 11 (P-50) 1 $5,400.00 $5,400.00 install band at joint at 40.5' (1) day i Asset Repair 1-28 to 1-27 (P-39) 1 $5,400.00 i 44,40A grout hole at 3 o'clock at 23.5' grout hole at 1 o'clock at 31' (1) day Asset Repair 1-37 to MH 12 (P-55) 1 $5,400.00 $5,400.00 grout hole at 12 o'clock at 27.5' grout hole at 7 o'clock at 45.3' grout hole at 7 o'clock at 42.5 grout hole at 4 o'clock at 70' (1) day Asset Repair 1-36 to 1-37 (P-54) 1 $5,400.00 k $5,400.00 grout hole at 3 o'clock at 14' grout hole at 9 o'clock at 36' f (1) day 4 Asset Repair 1-39 to 1-40 (P-60) 1 11160 m 416AIIII10 91 grout hole at f i o'clock at 7.3' grout joint out of tolerance at 20.5' grout joint at 29' (I&l) (1) day Asset Repair 138 to MH 13 1 $5,400.00 $5,.40MOG grout hole at & o'clock at 12.4' I grout hole at %. o'clock at 19.5' I grout hole at & o'clock at 28.2' grout hole at M o'clock at 36.5' grout hole at & o'clock at 44.8' grout hole at 4 o'clock at 53' Ii grout hole at V o'clock at 61.2' i (1) day Asset Repair h3& to catch basin (P -59C) 1 I&AMM ... $5,400.00 grouihole. at2 o'clock at 10.9' grout hole.at 2 o'clock at 17.9' grout hole at 4 o'clock at 35.7' M Asset Repair 30. Asset Repair 31. Asset Repair 32. Asset Repair 33. Asset Repair 34. Asset Repair 35. Asset Repair 36. Asset Repair 37. Services Additional Days 5 Note to customer grout hole at 4 o'clock at 52.3' grout hole at 10 o'clock at 68.4' grout hole at 2 o'clock at 76.6' grout hole at 12 o'clock at 84.2' grout hole at 12 o'clock at 92' grout hole at 11 o'clock at 102' (1) day MH 1 to 1-2 (P-2) install interior band TBD & grout (1-1/2) days Raise manhole #13 to grade. (1/2) day Raise manhole #14 to grade. (1/2) day Raise manhole #15 to asphalt grade. (1/2) day Raise manhole #16 to grade. (1/2) day Raise manhole #17 to grade. (1/2) day Raise manhole #23 to grade. (1/2) day Raise manhole #24 to grade. (1/2) day Bond Southeast Services offers the above services in this proposal only. All proposals based on hourly rates are billed inclusive of travel time unless noted otherwise. Our proposal does not include Fuel surcharges, dump fees, retainage, surveys, engineering fees, as builts, layouts, permits, M.O.T, sod replacement etc., unless otherwise noted. Client is responsible for clean water supply and dump site for all vacuum truck jobs unless otherwise noted. Southeast Services will charge to client any costs for special conditions (coverages) needed in regards to insurance requirements that are not standard within our policy. Accepted date Accepted by Total 1 $7,500.00 $7,500.00 1 $1,850.00 $1,850.00 j 1 1 $1,850.00 $1,850.00 1 $2,450.00 $2,450.00 1 $1,850.00 $1,850.00 1 $1,850.00 $1,850.00 1 $1,850.00 $1,850.Oa 1 $1,850.00 $1,850:0O 1 $6,458.00 $6,458.00 o"Itift" INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Addie Javed, PhD, PE, CFM, Public Works Director FROM: Erik Ferguson, P.E., County Traffic Engineer SUBJECT: Agreements for Traffic Signal Synchronization and Cohabitation with the Florida East Coast Railway L.L.C. and Brightline Trains Florida LLC for the 41 st Street, 45th Street, and 49th Street Railroad / Highway Grade Crossings DATE: November 25, 2024 DESCRIPTION AND CONDITIONS The settlement agreement between Brightline Trains Florida LLC (Brightline) and Indian River County (the County) includes the construction of traffic signals at the intersections of Old Dixie Highway with 41st Street, 45th Street, and 49th Street. Construction of these signals is currently underway and is expected to be completed by January or February 2025. To ensure safety and comply with Federal and State requirements, the railroad crossing devices at each location must be synchronized with the new traffic signals. This synchronization is essential to prevent vehicles from being trapped on the railroad crossing when trains approach and to improve the traffic signals' operational efficiency during train passages. Additionally, the traffic signal at Old Dixie Highway and 45th Street will include signal heads for eastbound traffic mounted on the railroad truss. The attached agreements between Brightline, Florida East Coast Railway L.L.C. (FEC), and the County outline the responsibilities of each party regarding the construction, installation, operation, and maintenance of the synchronization system and the shared use of railroad trusses for traffic signal heads. FUNDING Brightline will be responsible for the construction costs. �li WV RECOMMENDATION Staff recommends the Indian River County Board of County Commissioners approve the attached agreements between the County, Brightline, and FEC for synchronization and cohabitation, and authorize the Chairman to sign, after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS Agreement for Synchronization Grade Crossing and Traffic Control Devices — 41 st Steet Crossing Agreement For Signal Cohabitation and Synchronization of Grade Crossing and Traffic Control Devices — 45th Street Crossing Agreement for Synchronization Grade Crossing and Traffic Control Devices — 49th Steet Crossing APPROVED AGENDA ITEM FOR December 17, 2024 C:\Granicus\Legistar5\L5\Temp\e6494313-1934-4c6d-b 1 be-b2cc869226d.doc 87 AGREEMENT FOR SYNCHRONIZATION GRADE CROSSING AND TRAFFIC CONTROL DEVICES THIS AGREEMENT, made and entered this day of , 20_, by and between FLORIDA EAST COAST RAILWAY L.L.C., a Limited Liability Company organized and existing under the laws of FLORIDA, with its principal place of business in the city of JACKSONVILLE, County of DUVAL, State of FLORIDA, (hereinafter "FEC") and BRIGHTLINE TRAINS FLORIDA LLC„ a Limited Liability Company organized and existing under the laws of DELAWARE, with its principal place of business in the city of MIAMI, County of MIAMI-DADE, State of FLORIDA (hereinafter `BL"); and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "COUNTY"). WHEREAS, train -activated railroad grade crossing warning devices, (hereinafter "Crossing Warning Devices"), presently exist at the railroad/highway grade crossing on 41' Street which crosses at grade the right of way and track(s) of FEC's Mile Post 225 + 2418 feet in or near Indian River County, Florida (hereinafter the "Crossing"); and WHEREAS, a highway -to -highway intersection exists adjacent to or in close proximity to the aforementioned Crossing; and the COUNTY in the interest of safety, desires that the Crossing Warning Devices be synchronized with existing and/or proposed highway traffic signal devices, including but not limited to traffic signal heads, vehicle detection systems and signage (hereinafter "Highway Signal Devices"), so as to assist in clearing highway traffic from the Crossing upon the approach of trains, and to provide for improved operational efficiency of the highway system during train passage; NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties agree as follows: 1. BL, at its expense, and on behalf of the COUNTY, will furnish and install a preemption synchronization circuit of the "closed loop fail safe design principle," (in which the normally closed electrical contacts will open on approach or presence of a train), to a common cable junction box and install other equipment necessary to provide adequate preemption time. The installation of the junction box will be done near or adjacent to the COUNTY'S Highway Signal Devices control cabinet. 2. The COUNTY, at its expense, will install or have installed all cable, circuitry and related equipment, required to operate the Highway Signal Devices in a coordinated and synchronized manner; will provide the connecting cable from the Highway Signal Devices to the common cable junction box with sufficient cable to be connected to terminals in FEC's control case, and will configure the preemption synchronization circuit with its system whereby a failure of the Highway Signal Devices will create a safe condition for both the rail corridor and the roadway. The COUNTY will furnish FEC a written and/or graphic description of the Highway Signal Devices, both in operational mode and failed mode preempted sequence mode. 3. The common cable junction box and inter -connecting cable from the common cable junction box to the Highway Signal Devices shall be deemed the property of the COUNTY and shall be maintained by the COUNTY. The inter- connecting cable from the common cable junction box to the Crossing Warning Devices shall be maintained by FEC. The parties hereto shall each have access to the common junction box in order to perform appropriate maintenance and testing. 4. Attached hereto as Exhibit A, and by this reference made a part hereof, are plans and/or operational design sheets with specifications of work to be performed by BL pursuant to the terms hereof. All work performed by BL shall be performed in accordance with these plans and specifications as approved by the COUNTY; and all subsequent plan changes shall likewise be approved by the parties. 5. The COUNTY will construct, operate and maintain the Highway Signal Devices at its expense. The COUNTY agrees to give FEC sufficient notice prior to making any changes in the operation thereof which, in any way, might affect the coordination features of the Crossing Warning Devices. In the event said Highway Signal Devices, and/or coordinating facilities of the COUNTY become inoperative, the COUNTY will notify FEC and restore or repair such devices and/or facilities promptly, and use other means, including traffic control personnel or law enforcement personnel, to control the flow of traffic at the traffic signal locations at any time the Highway Signal Devices or preemption devices are inoperative so as to clear the highway/railroad grade Crossing before the approach of trains.. 6. FEC will operate and maintain the Crossing Warning Devices, overhead trusses, and cantilevers pursuant to the Crossing License Agreement ("License Agreement") identified in Exhibit B, and likewise agrees to give the COUNTY sufficient advance notice prior to making any changes in the operation thereof which, in any way, would C' '7 affect the coordination features of the COUNTY'S Highway Signal Devices. In the event said Crossing Warning Devices and/or coordination facilities of FEC become inoperative, FEC will notify COUNTY and restore or repair such devices and/or facilities. 7. Notwithstanding anything in this agreement to the contrary, the cost of any adjustment, relocation or replacement of said synchronization devices and equipment related Highway Signal Devices, upon written notice from the FEC or BL, that the relocation is necessary due to railroad operations, including but not limited to, track relocation, maintenance or replacement, or because of changes or additions to the FEC and/or BL train control signal or communication equipment, shall be borne by the COUNTY. 8. FEC and BL shall have no responsibility or liability for any loss of life or injury to persons, or loss of or damage to property, growing out of or arising from the irregular operation of the Highway Signal Devices of the COUNTY and/or FEC'S Crossing Warning Devices resulting from or in any manner attributed to the malfunction of the COUNTY'S Highway Signal Devices. FEC and BL shall have the same responsibilities and obligations with respect to the Crossing Warning Devices and the operation thereof as set forth in the License Agreements, and the COUNTY shall have and assume sole responsibility for its Highway Signal Devices and the operation or functioning thereof. 9. The COUNTY will be responsible for claims and demands arising out of the work undertaken by the COUNTY pursuant to this Agreement due to the negligent actions, done or committed by the COUNTY, its contractors, employees, agents, or representatives in connection with the work done on the common cable junction box, Highway Signal Devices or Crossing Warning Devices. BL will be responsible for claims and demands arising out of the work undertaken by BL pursuant to this Agreement due to the negligent actions, done or committed by BL, its contractors, employees, agents, or representatives in connection with the work done on the common cable junction box, Highway Signal Devices or Crossing Warning Devices. FEC will be responsible for claims and demands arising out of the work undertaken by FEC pursuant to this Agreement due to the negligent actions, done or committed by FEC, its contractors, employees, agents, or representatives in connection with the work done on the common cable junction box, Highway Signal Devices or Crossing Warning Devices. 10. Any party may make changes to their own equipment in any manner and agrees to reimburse the other parties for any expenses incurred by the other party as a result of such changes; provided, however that the cost of any adjustment, relocation of cable, circuitry, and related equipment as related to the Highway Signal Devices necessary due to railroad operations or changes or additions to the FEC's and/or BL's train control signals or communication equipment, shall be treated as set forth in paragraph 7 hereof. Seventy-two (72) hours' notice shall be given prior to work which will have an effect on the other party. The 72 -hour notice shall be waived in case of emergencies. 11. The COUNTY reserves the right to unilaterally cancel this Agreement for refusal by the other parties to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. 12. This Agreement is of an indefinite, but unperpetual duration and shall terminate upon the earlier of. (1) removal of either the Highway Signal Devices or Crossing Warning Devices; or (2) termination of the License Agreement. If either of these conditions occur at a specific crossing but not at all crossings covered under this Agreement, this Agreement shall terminate for that specific crossing shall terminate, but the Agreement shall stay in effect for all of the crossing covered by this Agreement. 13. In the event any of the parties hereto desire an assignment of this Agreement, it shall be said party's responsibility to obtain written acceptance from the other parties of the assignment by the new party to the Agreement. 14. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, or sent by recognized overnight courier (such as Federal Express) and addressed as follows: If to FEC Florida East Coast Railway L.L.C. 7150 Philips Highway Jacksonville, FL 32256 Attn: Robert Ledoux, SVP (904)279-3111 If to the COUNTY Indian River County Attn: U 89 If to BL Brightline Trains Florida LLC 350 NW 1" Avenue, Suite 200 Miami, Florida 33128 Attn: Cynthia Bergmann, General Counsel (305)521-4875 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. Attest: County Clerk Approved as to Form and Legal Sufficiency: By: County Attorney Witnesses: Witnesses: INDIAN RIVER COUNTY Date: By: Name: Title: FLORIDA EAST COAST RAILWAY, LLC Date: By: Name: Title: BRIGHTLINE TRAINS FLORIDA LLC Date: By: _ Name: Title: al] EXHIBIT A Plans and Specifications for Work to Be Performed by BL Indian River County [attachment follows] 91 EXHIBIT B License Agreement Location Mile Post Street Name DOT # Agreement License Holder Agreement Date Indian River 225 + 2418' 41st Street 272180A Indian River 06-07-1994 County County 92 3'V'j 'POO EZ -S[919 37nu N30Nn 037V35 ONV 03ND1S A77V11910 3714 31NON13373 MA Sl. 40M SINS dO OWN 711131ddO 3N1 :33110N CA - T❑ ®z � Nm q zw •b Z W�� El ®Q m ry H E W3 2 W W W_ Y b o z¢ aN o ORly W mm� N N I O 4 pNI �j�j�jd� 21L , C �Yj I it 20 a W b � =~LL LL C CLLOLL. N NmN¢i m3h i W iF � W Iy W4 Ja ?`Wi n w a S N a O O W .On N a Q 2 _ > ?33 N o m❑ lZ3 W❑ >I „� � � d U � b ¢I yl 1p ^ M x ¢ 3 a W I h W b W U N b M m N O ^ � 2 ONS CG �WW i � uiC 2 W z N Stix adz W02 ��¢ ? FEW 0�i ZU W W oC uuII a i Y FD <WLL Z E �W> �Z W p002 =QWPH �W 3VpW N C EW Will LLF� W NQ�i uV2 :`?Z t ZW C'� =rig O 1.,,011003 uCi ¢�= h � Wu �u ,n 20V ZiN 1. yaU 141,� _ ^0p� WN0 CI:W � y WW WW WZW x�?k '^�{o hyor g W O 026 W yyWy o22 WW33 oil N.- N sS 2i 1pWm WN CW�� i�W 2� lWmt O�m 2�Y LL S OF 2S 2~Oa I W O 00 N 2 ri m W3 2 W W W_ o z¢ aN o W W mm� N N y W O 4 pNI �j�j�jd� 21L N C �Yj �Q 4 I.COF� F10. W Qv Oj � =~LL LL C CLLOLL. N NmN¢i m3h i W iF >p TW f F I AGREEMENT FOR SIGNAL COHABITATION AND SYNCHRONIZATION OF GRADE CROSSING AND TRAFFIC CONTROL DEVICES THIS AGREEMENT, made and entered this day of , 20_, by and between FLORIDA EAST COAST RAILWAY L.L.C., a Limited Liability Company organized and existing under the laws of FLORIDA, with its principal place of business in the city of JACKSONVILLE, County of DUVAL, State of FLORIDA, (hereinafter "FEC") and BRIGHTLINE TRAINS FLORIDA LLC„ a Limited Liability Company organized and existing under the laws of DELAWARE, with its principal place of business in the city of MIAMI, County of MIAMI-DADE, State of FLORIDA (hereinafter "BL"); and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "COUNTY"). WHEREAS, train -activated railroad grade crossing warning devices, (hereinafter "Crossing Warning Devices"), presently exist at the railroad/highway grade crossing on 45th Street which crosses at grade the right of way and tracks of FEC's Mile Post 224 + 4945 feet in or near Indian River County, Florida (hereinafter the "Crossing"); and WHEREAS, a highway -to -highway intersection exists adjacent to or in close proximity to the aforementioned Crossing; and the COUNTY in the interest of safety, desires that the Crossing Warning Devices be synchronized with existing and/or proposed highway traffic signal devices, including but not limited to traffic signal heads, vehicle detection systems and signage (hereinafter "Highway Signal Devices"), so as to assist in clearing highway traffic from the Crossings upon the approach of trains, and to provide for improved operational efficiency of the highway system during train passage; and WHEREAS, the Florida Department of Transportation, through the process of a Grade Crossing Diagnostic following the procedures set forth in the Florida Department of Transportation State Rail Handbook, recommends the mounting of Highway Signal Devices onto a railroad truss structure to limit visual conflicts for motorists and enhance public safety; and WHEREAS, the work to be contemplated hereunder is subject to the provisions of the Federal Highway Administration Federal Aid Policy Guide, 23 C.F.R. Subchapter B, Part 140, Subpart I, as amended, and Federal Aid Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, as amended and the Florida Department of Transportation's Rule 14- 57.011 Florida Administrative Code as amended; NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties agree as follows: 1. BL will construct, at BL's expense, overhead trusses and cantilevers, and the Highway Signal Devices, on behalf of the COUNTY, on the overhead trusses and cantilevers, as shown on the plans attached hereto as Exhibit A. 2. The COUNTY, upon final acceptance of the installation, will operate and maintain the Highway Signal Devices at its expense. The COUNTY agrees to give FEC sufficient notice prior to making any changes in the operation thereof which, in any way, might affect the coordination features of the Crossing Warning Devices. In the event said Highway Signal Devices, and/or coordinating facilities of the COUNTY become inoperative, the COUNTY will notify FEC and restore or repair such devices and/or facilities promptly, and use other means, including traffic control personnel or law enforcement personnel, to control the flow of traffic at the traffic signal locations at any time the Highway Signal Devices or preemption devices are inoperative so as to clear the highway/railroad grade Crossing before the approach of trains. 3. FEC will operate and maintain the Crossing Warning Devices, overhead trusses and cantilevers pursuant to the Crossing License Agreement ("License Agreement") identified in Exhibit B, and likewise agrees to give the COUNTY sufficient advance notice prior to making any changes in the operation thereof which, in any way, would affect the coordination features of the COUNTY'S Highway Signal Devices. In the event said Crossing Warning Devices and/or coordination facilities of FEC become inoperative, FEC will notify COUNTY and restore or repair such devices and/or facilities. 4. BL, at its expense, and on behalf of the COUNTY, will furnish and install a preemption synchronization circuit of the "closed loop fail safe design principle," (in which the normally closed electrical contacts will open on approach or presence of a train), to a common cable junction box and install other equipment necessary to provide adequate preemption time. The installation of the junction box will be done near or adjacent to the COUNTY'S Highway Signal Devices control cabinet. 94 5. The COUNTY, at its expense, will install or have installed all cable, circuitry and related equipment, required to operate the Highway Signal Devices in a coordinated and synchronized manner; will provide the connecting cable from the Highway Signal Devices to the common cable junction box with sufficient cable to be connected to terminals in FEC's control case, and will configure the preemption synchronization circuit with its system whereby a failure of the Highway Signal Devices will create a safe condition for both the rail corridor and the roadway. The COUNTY will furnish FEC a written and/or graphic description of the Highway Signal Devices, both in operational mode and failed mode preempted sequence mode. 6. The common cable junction box and inter -connecting cable from the common cable junction box to the Highway Signal Devices shall be deemed the property of the COUNTY and shall be maintained by the COUNTY. The inter- connecting cable from the common cable junction box to the Crossing Warning Devices shall be maintained by FEC. The parties hereto shall each have access to the common junction box in order to perform appropriate maintenance and testing. 7. Attached hereto as Exhibit B, and by this reference made a part hereof, are plans and/or operational design sheets with specifications of work to be performed by BL pursuant to the terms hereof. All work performed by BL shall be performed in accordance with these plans and specifications as approved by the COUNTY; and all subsequent plan changes shall likewise be approved by the parties. 8. Notwithstanding anything in this agreement to the contrary, the cost of any adjustment, relocation or replacement of said synchronization devices and equipment related Highway Signal Devices, upon written notice from the FEC or BL, that the relocation is necessary due to railroad operations, including but not limited to, track relocation, maintenance or replacement, or because of changes or additions to the FEC and/or BL train control signal or communication equipment, shall be home by the COUNTY. 9. FEC and BL shall have no responsibility or liability for any loss of life or injury to persons, or loss of or damage to property, growing out of or arising from the irregular operation of the Highway Signal Devices of the COUNTY and/or FEC'S Crossing Warning Devices resulting from or in any manner attributed to the malfunction of the COUNTY'S Highway Signal Devices on the overhead truss or cantilever. FEC and BL shall have the same responsibilities and obligations with respect to the Crossing Warning Devices and the operation thereof as set forth in the License Agreement, and the COUNTY shall have and assume sole responsibility for its Highway Signal Devices on the overhead truss and cantilever and the operation or functioning thereof. 10. The COUNTY will be responsible for claims and demands arising out of the work undertaken by the COUNTY pursuant to this Agreement due to the negligent actions, done or committed by the COUNTY, its contractors, employees, agents, or representatives in connection with the work done on the overhead truss, cantilever, common cable junction box, Highway Signal Devices or Crossing Warning Devices. BL will be responsible for claims and demands arising out of the work undertaken by BL pursuant to this Agreement due to the negligent actions, done or committed by BL, its contractors, employees, agents, or representatives in connection with the work done on the overhead truss, cantilever, common cable junction box, Highway Signal Devices or Crossing Warning Devices. FEC will be responsible for claims and demands arising out of the work undertaken by FEC pursuant to this Agreement due to the negligent actions, done or committed by FEC, its contractors, employees, agents, or representatives in connection with the work done on the overhead truss, cantilever, common cable junction box, Highway Signal Devices or Crossing Warning Devices. 11. Any party may make changes to their own equipment in any manner and agrees to reimburse the other parties for any expenses incurred by the other party as a result of such changes; provided, however that the cost of any adjustment, relocation of cable, circuitry, and related equipment as related to the Highway Signal Devices necessary due to railroad operations or changes or additions to the FEC's and/or BL's train control signals or communication equipment, shall be treated as set forth in paragraph 8 hereof. Seventy-two (72) hours' notice shall be given prior to work which will have an effect on the other party. The 72 -hour notice shall be waived in case of emergencies. 12. If for any reason an overhead truss or cantilever to which COUNTY equipment or signals are affixed, is damaged or destroyed by a third party, the FEC and the COUNTY agree to share in the expense not covered by the insurance or indemnification of the third party, in repair or replacement, including all materials, equipment, labor for said repair or replacement of the overhead truss or cantilever only, on a 50% actual cost basis per party. 13. In the event of damage to the overhead truss or cantilever to which COUNTY equipment of signal are affixed, the COUNTY shall be responsible for its own control devices, including any temporary structures or devices necessary 95 for the mounting of the Highway Signal Devices, and the FEC and BL shall be responsible for their own control devices, including any temporary structures or devices necessary for the mounting of the Crossing Warning Devices. 14. The COUNTY reserves the right to unilaterally cancel this Agreement for refusal by the other parties to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. 15. This Agreement is of an indefinite, but unperpetual duration and shall terminate upon the earlier of: (1) removal of either the Highway Signal Devices or Crossing Warning Devices; or (2) termination of the License Agreement(s). If either of these conditions occur at a specific crossing but not at all crossings covered under this Agreement, this Agreement shall terminate for that specific crossing shall terminate, but the Agreement shall stay in effect for all of the crossing covered by this Agreement. 16. In the event any of the parties hereto desire an assignment of this Agreement, it shall be said party's responsibility to obtain written acceptance from the other parties of the assignment by the new party to the Agreement. 17. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, or sent by recognized overnight courier (such as Federal Express) and addressed as follows: If to FEC Florida East Coast Railway L.L.C. 7150 Philips Highway Jacksonville, FL 32256 Attn: Robert Ledoux, SVP (904)279-3111 If to the COUNTY Indian River County Attn: U - If to BL Brightline Trains Florida LLC 350 NW 11 Avenue, Suite 200 Miami, Florida 33128 Attn: Cynthia Bergmann, General Counsel (305)521-4875 96 IN WITNESS WHEREOF, the parties hereto have made and executed this Signal Cohabitation Agreement as of the day and year first above written. Attest: County Clerk Approved as to Form and Legal Sufficiency: 0 County Attorney Witnesses: Witnesses: INDIAN RIVER COUNTY Date: By: _ Name: Title: FLORIDA EAST COAST RAILWAY, LLC Date: By: _ Name: Title: BRIGHTLINE TRAINS FLORIDA LLC Date: By: _ Name: Title: 97 EXHIBIT A Plans and Specifications for Work To Be Performed by BL Indian River County [attachment follows] ��j EXHIBIT B License Agreements Location Mile Post Street Name DOT # Agreement License Holder Agreement Date Indian River 224+4945' 45th Street (CR 272178Y County of Indian 05-23-1995 County 702) River 99 '100'EE-51919 37IN N3W 037V35 OW 03NDI5 A77VII910 3714 JINON1J373 3H1 51 133H5 51H1 90 UN0J3N 7V131ddO 9141 :33110N E �.b.. ` Z ^4 W � ui �y��o• rcW .. ..^ry J�.W QaQWW ¢ aw,.,wry � 'W W1my ryw^p Z OWE o y�Cmj 2y�R �wcp wnoWaWOe ,. �1 aiu�S .^�wNN QytQjw .. .N., QRZ Nnw...� �qN Oti�ONb Ty1 N o� .^.,w N'tl•�m N. ,^., .N., �'�ONb Ty1 W �W�O�c Nhnn 2¢ Inti OrvbT F� O TTtlyfb M ' , , 2^TTtlNb ^ U' WW ptiu0 OCW~,N U2N TTtlT 2Wbbbbbb moi+!-NnnNNtlww lybbbbbb ZU>OZ Q2N�b MMMM b>00 m ,T. ;WW�bbbb CC^ ■ I! z, N Zw bbbb 24 y' ^TTTTtlbww Q ❑2 2W Z1V b b n ¢Ow w WQ^!bbb b bbnn yQj w 2 O COTwn CO^ Q OFF 0 W �o�n h :21Y j�2 En ag0^g \ =N=m s kC W .tl.�t�y,L". 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Fo uJ' =3 g W wWW g O<< Na¢S WmWm K� m Cep ? mym 2 W ¢ Ong Isi Wzo mmi N ¢ N4 2� �M p NNWµMIM °¢j m N~ M E �'nF�`0 aZ� o � oW �W CCm3 2 ^N~� N�$$N W�� W W •N ON CQ O alit :�'m W m3 i j O Oim � W3 �m =�-yY y 1T Ngo HE 200 W ZZ WFyN �;2� WtN Ir�N V Ci ZN N¢� S Oc ¢¢� uy$mo 2mw� 2¢ Z W¢ 2 Y Y ' V W0•i O O ~�u' O 1. lo-N 30fn o Wt 2W>W Fo F� e ti �o o 0 ®Q:�� ••� � d"=:.w.-'tea i0 O W o _ + i1 y ! cz-.� • tam mm a `R C uuu �..ry: Otl�02 24 r.n.-' N!' n ��pW 12n bbbbn tib' S 2 .^ Rill qz�j ZLU .Wn Om� �pMb�OWW:_ �OQOYG2 i WHOTw - QMH, bb b'TDbnn SO IO ocW .^.w mJm` Yb O .l=Uw ww^ Z xST W�..❑ ¢� ptiu orv'a nfN � ¢ �C+ W2N TTtlyfb c 2 W bbbb b ¢ W a2 COw =2 W O � 2 u C t Fo F� e ti �o o 0 O W o _ + Nxmr'j u 1 � r AGREEMENT FOR SYNCHRONIZATION GRADE CROSSING AND TRAFFIC CONTROL DEVICES THIS AGREEMENT, made and entered this day of , 20_, by and between FLORIDA EAST COAST RAILWAY L.L.C., a Limited Liability Company organized and existing under the laws of FLORIDA, with its principal place of business in the city of JACKSONVILLE, County of DUVAL, State of FLORIDA, (hereinafter "FEC") and BRIGHTLINE TRAINS FLORIDA LLC„ a Limited Liability Company organized and existing under the laws of DELAWARE, with its principal place of business in the city of MIAMI, County of MIAMI-DADE, State of FLORIDA (hereinafter `BL"); and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "COUNTY"). WHEREAS, train -activated railroad grade crossing warning devices, (hereinafter "Crossing Warning Devices"), presently exist at the railroad/highway grade crossing on 491' Street which crosses at grade the right of way and track(s) of FEC's Mile Post 224 + 2199 feet in or near Indian River County, Florida (hereinafter the "Crossing"); and WHEREAS, a highway -to -highway intersection exists adjacent to or in close proximity to the aforementioned Crossing; and the COUNTY in the interest of safety, desires that the Crossing Warning Devices be synchronized with existing and/or proposed highway traffic signal devices, including but not limited to traffic signal heads, vehicle detection systems and signage (hereinafter "Highway Signal Devices"), so as to assist in clearing highway traffic from the Crossing upon the approach of trains, and to provide for improved operational efficiency of the highway system during train passage; NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties agree as follows: 1. BL, at its expense, and on behalf of the COUNTY, will furnish and install a preemption synchronization circuit of the "closed loop fail safe design principle," (in which the normally closed electrical contacts will open on approach or presence of a train), to a common cable junction box and install other equipment necessary to provide adequate preemption time. The installation of the junction box will be done near or adjacent to the COUNTY'S Highway Signal Devices control cabinet. 2. The COUNTY, at its expense, will install or have installed all cable, circuitry and related equipment, required to operate the Highway Signal Devices in a coordinated and synchronized manner; will provide the connecting cable from the Highway Signal Devices to the common cable junction box with sufficient cable to be connected to terminals in FEC's control case, and will configure the preemption synchronization circuit with its system whereby a failure of the Highway Signal Devices will create a safe condition for both the rail corridor and the roadway. The COUNTY will furnish FEC a written and/or graphic description of the Highway Signal Devices, both in operational mode and failed mode preempted sequence mode. 3. The common cable junction box and inter -connecting cable from the common cable junction box to the Highway Signal Devices shall be deemed the property of the COUNTY and shall be maintained by the COUNTY. The inter- connecting cable from the common cable junction box to the Crossing Warning Devices shall be maintained by FEC. The parties hereto shall each have access to the common junction box in order to perform appropriate maintenance and testing. 4. Attached hereto as Exhibit A, and by this reference made a part hereof, are plans and/or operational design sheets with specifications of work to be performed by BL pursuant to the terms hereof. All work performed by BL shall be performed in accordance with these plans and specifications as approved by the COUNTY; and all subsequent plan changes shall likewise be approved by the parties. The COUNTY will construct, operate, and maintain the Highway Signal Devices at its expense. The COUNTY agrees to give FEC sufficient notice prior to making any changes in the operation thereof which, in any way, might affect the coordination features of the Crossing Warning Devices. In the event said Highway Signal Devices, and/or coordinating facilities of the COUNTY become inoperative, the COUNTY will notify FEC and restore or repair such devices and/or facilities promptly, and use other means, including traffic control personnel or law enforcement personnel, to control the flow of traffic at the traffic signal locations at any time the Highway Signal Devices or preemption devices are inoperative so as to clear the highway/railroad grade Crossing before the approach of trains.. 6. FEC will operate and maintain the Crossing Warning Devices, overhead trusses and cantilevers pursuant to the Crossing License Agreement ("License Agreement") identified in Exhibit B, and likewise agrees to give the COUNTY sufficient advance notice prior to making any changes in the operation thereof which, in any way, would 101 affect the coordination features of the COUNTY'S Highway Signal Devices. In the event said Crossing Warning Devices and/or coordination facilities of FEC become inoperative, FEC will notify COUNTY and restore or repair such devices and/or facilities. 7. Notwithstanding anything in this agreement to the contrary, the cost of any adjustment, relocation or replacement of said synchronization devices and equipment related Highway Signal Devices, upon written notice from the FEC or BL, that the relocation is necessary due to railroad operations, including but not limited to, track relocation, maintenance or replacement, or because of changes or additions to the FEC and/or BL train control signal or communication equipment, shall be home by the COUNTY. 8. FEC and BL shall have no responsibility or liability for any loss of life or injury to persons, or loss of or damage to property, growing out of or arising from the irregular operation of the Highway Signal Devices of the COUNTY and/or FEC'S Crossing Warning Devices resulting from or in any manner attributed to the malfunction of the COUNTY'S Highway Signal Devices. FEC and BL shall have the same responsibilities and obligations with respect to the Crossing Warning Devices and the operation thereof as set forth in the License Agreement, and the COUNTY shall have and assume sole responsibility for its Highway Signal Devices and the operation or functioning thereof. The COUNTY will be responsible for claims and demands arising out of the work undertaken by the COUNTY pursuant to this Agreement due to the negligent actions, done or committed by the COUNTY, its contractors, employees, agents, or representatives in connection with the work done on the common cable junction box, Highway Signal Devices or Crossing Warning Devices. BL will be responsible for claims and demands arising out of the work undertaken by BL pursuant to this Agreement due to the negligent actions, done or committed by BL, its contractors, employees, agents, or representatives in connection with the work done on the common cable junction box, Highway Signal Devices or Crossing Warning Devices. FEC will be responsible for claims and demands arising out of the work undertaken by FEC pursuant to this Agreement due to the negligent actions, done or committed by FEC, its contractors, employees, agents, or representatives in connection with the work done on the common cable junction box, Highway Signal Devices or Crossing Warning Devices. 10. Any party may make changes to their own equipment in any manner and agrees to reimburse the other parties for any expenses incurred by the other party as a result of such changes; provided, however that the cost of any adjustment, relocation of cable, circuitry, and related equipment as related to the Highway Signal Devices necessary due to railroad operations or changes or additions to the FEC's and/or BL's train control signals or communication equipment, shall be treated as set forth in paragraph 7 hereof. Seventy-two (72) hours' notice shall be given prior to work which will have an effect on the other party. The 72 -hour notice shall be waived in case of emergencies. 11. The COUNTY reserves the right to unilaterally cancel this Agreement for refusal by the other parties to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. 12. This Agreement is of an indefinite, but unperpetual duration and shall terminate upon the earlier o£ (1) removal of either the Highway Signal Devices or Crossing Warning Devices; or (2) termination of the License Agreement. If either of these conditions occur at a specific crossing but not at all crossings covered under this Agreement, this Agreement shall terminate for that specific crossing shall terminate, but the Agreement shall stay in effect for all of the crossing covered by this Agreement. 13. In the event any of the parties hereto desire an assignment of this Agreement, it shall be said party's responsibility to obtain written acceptance from the other parties of the assignment by the new party to the Agreement. 14. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, or sent by recognized overnight courier (such as Federal Express) and addressed as follows: If to FEC Florida East Coast Railway L.L.C. 7150 Philips Highway Jacksonville, FL 32256 Attn: Robert Ledoux, SVP (904)279-3111 If to the COUNTY Indian River County Attn: U - 102 If to BL Brightline Trains Florida LLC 350 NW 1St Avenue, Suite 200 Miami, Florida 33128 Attn: Cynthia Bergmann, General Counsel (305)521-4875 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. INDIAN RIVER COUNTY Attest: Date: By: _ County Clerk Name: Title: Approved as to Form and Legal Sufficiency: By: County Attorney Witnesses: Witnesses: FLORIDA EAST COAST RAILWAY, LLC Date: By: _ Name: Title: BRIGHTLINE TRAINS FLORIDA LLC Date: By: _ Name: Title: 103 EXHIBIT A Plans and Specifications for Work to Be Performed by BL Indian River County [attachment follows] 104 EXHIBIT B License Agreement Location Mile Post Street Name DOT # Agreement License Holder Agreement Date Indian River 224 + 2199' 49th Street 272177S Indian River 12-08-1965 County County 105 -J'V'.4 '600'EZ-919I9 370U V30N0 037V35 0NV 03NDIS A77VII910 371.4 JINOV17373 3H1 51 133H5 SIH1 JO ONO -13M 7VI31JJO 3H1 :33110N m N�-•O Q N^C w 2a .Wa G �Q� waw LL N 14y f 1 � per` N 04,�bw^nN OO2 ^ KW WEl oa`Y h-W+�ua n v xo N �ti 0u�cry O 3 �e > v Imm W .n. m UQI�¢ ^ !mob 1.2 �Qu Uo R+1- Wa Nnn O¢ 1�^ N !� 2 OOa Ub-INAANnp O¢Z ¢On pCnn �m m a Z QUU WWa Y2 NIS O n X Q �2 O¢2W2n yI ^ N v1 o W l'1oNm v1 Q Wa • • : Wh�O�? 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'R E!" b bQbNpQpi ye• -.3O iy7 NN N 2 W ®CN°I �. 3 iQ01 /2Uo r i ♦�/ mIQ cc Qbbbmp ¢ ttu j v)ni9 uln m¢ z�¢� , aoz nN ' � a2i e2e� 'm 0�Nx1Y` Nnn xuz��2 M m In>bb n ® fff �a � � moi, moi" 9 ¢oannn mo, mo -.a � Ll -1 � t ® W >7�W Ml rT o W 2ONo; gig GM, hz `y�o W¢ m1.W y 2pu °N 00 ° cs N imiii �a Nyo m QwW o � �� F c NO ~ Z W�V3 WWW ��°yy Nam � N iKn 2� �w a i N Ob �I Ohm _y N W� W W oa N ° •- WN >NOi Z�W �mF O 2 ne RO mu O° O W F 4 NW ° ° Wm 0 U 9N INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator FROM: Addie Javed, PhD, PE, CFM, Public Works Director SUBJECT: Funding Request and Authorization for the Purchase of two Motor Graders and a Vacuum Truck DATE: December 17, 2024 DESCRIPTION AND CONDTIONS Public Works currently maintains approximately 372 miles of unpaved roadways within the County, supported by a fleet of ten full-time graders. Additionally, two vac -trucks are used for cleaning, maintenance, and repairs, specifically for the removal of debris, sediment, and liquids from roadside drainage infrastructure. Our current fleet of graders and vac -trucks are aging, and we are encountering multiple mechanical failures across these vehicles simultaneously. The following fleet is currently out of service and requires significant repairs: Motor Graders: Grader #70 (2012 Caterpillar 120M2): 20,000+ hours. Original cost: $182,185.00. Repair costs to date: $305,333.02. The grader is currently at Caterpillar for repairs, with an estimated transmission repair cost of $30,000+. Grader #165 (2009 Caterpillar 120M2): 19,909 hours. Original cost: $192,500.00. Repair costs to date: $333,468.83. The grader is currently at Caterpillar for an engine failure, with estimated repair costs of $70,000 due to an engine failure. Vacuum Trucks: • Vac -Truck #437 (2007 International): Original cost: $187,297.00. Repair costs to date: $90,341.63. • Vac -Truck #440 (2001 International): Original cost: $194,293.00. Repair costs to date: $194,990.06. Due to the frequent and costly repairs required for these vehicles, Public Works is struggling to keep up with the demands of maintaining the County's unpaved roads. Additionally, the construction industry is facing a shortage of parts, as well as long lead times for new equipment. Currently, the lead time for new graders is 9 to 12 months. However, we have identified the following equipment with shorter lead times: • Caterpillar 120 Grader: $339,130.00 107 Peterbilt 537 Vac -truck: $660,984.50 Due to other capital needs within the County and post-COVID constraints, the full replacement of our aging fleet with new equipment has not been possible in recent years. Currently, funding for these purchases is not available within the Public Works budget for this year. However, after discussions with the OMB office, it is possible to allocate funds from the Transportation Fund balance, should the Board approve. The proposed equipment is available for purchase through Florida Sheriff's Association contracts. Quotes are available for review in the Public Works Department. FUNDING Based on the availability and specifications of fleet used by the County, Staff recommends that the Board authorize funding in the amount of $1,339,244.50 from the Transportation Fund balance for the purchase of two 2025 Caterpillar 120 motor graders and one 2025 Peterbilt 537 vac -truck. Account Name Account No. Amount Transportation Fund/Road &Bridge/Heavy Equipment -Wheel Track 11121441-066430$1,339,244.50 STAFF RECOMMENDATION Board authorize funding in the amount of $1,339,244.50 from the Transportation Fund balance for the purchase of two 2025 Caterpillar 120 motor graders, and one Peterbilt 537 vac -truck. 108 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: November 8, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager - Capital Projects Prepared By: Michael C. Loveday, Wastewater Superintendent Subject: Approval of Aqua -Aerobic Systems, Inc. Proposal No. 173978 for South Regional Wastewater Treatment Facility Filter Electrical Panel Capital Rehabilitation, IRCDUS Project ID 22.24.517 Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) owns and operates the South Regional Wastewater Treatment Facility (SRWWTF), which has a two (2) million gallons per day (MGD) annual average daily flow design capacity. The tertiary treatment process at SRWWTF utilizes two (2) automatic backwash (ABW) sand filters that are responsible for all polishing filtration immediately prior to the disinfection and ultimate effluent disposal. Each ABW filter utilizes the Aqua -Aerobic Systems, Inc. (Aqua -Aerobic) AquaABF® Filter system, which is a proprietary design, fabricated to Aqua -Aerobic specifications. The system comprises a main electrical control panel that acts as the main source of power as well as providing all automatic and manual control operation functions for the unit. The Aqua -Aerobic AquaABF® Filter system electrical control panels are now in need of capital maintenance due to deteriorated conditions from age. Additionally, electrical components contained within the panels are now only available through surplus vendors, due to the age of the components, making incremental repairs from component failures difficult and costly. At the request of IRCDUS staff, Aqua -Aerobic provided the attached Proposal #173978, dated November 11, 2024, to provide turnkey services for the partial rebuild of the two (2) AquaABF units, hereafter referred to as SRWWTF ABW Filter Electrical Capital Rehabilitation, IRCDUS Project ID 22.24.517. The scope of services includes the following: supplying new electrical control panels; teardown of the old panels; and installation of the new panels. Aqua -Aerobic also provided a sole source letter (attached) stating they are the exclusive original equipment manufacturer (OEM), vendor supplier, and repair servicer for the AquaABF® Filters. Analysis: Aqua -Aerobic proposed total turnkey price is $417,530.00 which is reasonable compared to the cost of comparable equipment on the market. Since a change in equipment manufacturer involves significant redesign and associated construction costs, it is in the best interest of Indian River County to accept Aqua - 109 Consent Item Aerobic's proposal. Staff proposes an additional 15%, or $62,630.00, contingency reserve for unforeseen work/expenses such as civil and additional replacement components. The contingency reserve will be retained by IRCDUS for the sole purpose of covering such costs over and above the vendor's proposed price. The total budget for the SRWWTF Filter Electrical Panel Capital Rehabilitation is $480,160.00. Funding: Expenses, in the amount of $480,160.00, for this project will be recorded in the Utilities/WIP/SRWWTF ABW Filter Elec Rehab account, number 471-169000-24517. Since this is an operating capital expense, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/WIP/SRWWTF ABW Filter Elec Rehab 471-169000-24517 $480,160.00 Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve Aqua -Aerobic Systems, Inc. Proposal No. 173978 in the amount of $417,530.00 to provide turnkey services related to the South Regional Wastewater Treatment Facility Automatic Backwash Filter Electrical Capital Maintenance project and authorize up to an additional 15%, or $62,630.00, contingency reserve for unforeseen work/expenses for a total budget of $480,160.00. Staff also requests approval of Aqua -Aerobic Systems, Inc. as the sole source vendor for the AquaABF® Filters and services in Proposal No. 173978, and waive the requirement for bids for this and any other Aqua -Aerobic Systems, Inc. parts, equipment and services up to the approved budget amount. Attachments: Aqua -Aerobic Systems, Inc. Proposal No. 173978 Aqua -Aerobic Systems, Inc. Sole Source Letter 110 AQUA -AEROBIC SYSTEMS; INC AMetawater Company Proposal#: 173978 TO: Indian River County WWTP PROJECT: INDIAN RIVER CTY SOUTH WWTP FL 2500 SW 6th Ave. Vero Beach Florida 32962 USA ATN: Kurt Steffen CC: EnviroSales of Florida, Inc. / ph#: 941/915-4861 Cell / fx#: 941/343-9245 Chuck Hlavach PROPOSAL DATE: November 11, 2024 The following Notes apply to Aqua -Aerobic Systems' proposal: - We are pleased to quote, for acceptance within 90 days of this date, prices and terms on goods listed below. - Equipment will be furnished by Aqua -Aerobic Systems, Inc. with civil work, if required by the Buyer. - This proposal is for the partial rebuild of two (2) AquaABF units, 16'x 50'. Note that any items NOT listed in the proposal are assumed to be REUSED, not replaced - Aqua Aerobic Systems shall retain the services of a contractor to perform the following: TURNKEY TEARDOWN: A. The existing relay control panels will be removed. B. The existing festoon cables will be removed. C. The existing festoon mast components will be removed. D. The existing electrode holders and electrod rods will be removed E. The existing backwash, washwater, and skimmer piping, hoses, and hardware will be removed. F. The existing unistrut, indexing channel, and pegs will be removed. G. The existing rail caps will be removed. TURNKEY INSTALLATION/REPAIR: a. The new relay control panels shall be installed. b. The new festoon cables will be installed, and wired into the new panels. c. The new festoon mast components shall be installed. d. The new electrode holders and rods shall be installed, and set to the proper installation. e. The new backwash, washwater, and skimmer hoses and piping shall be installed. f. The new indexing channel, unistrut, and pegs shall be installed. g. The bridge will be lifted, and the wheels wear strips, switches, and probes will be reviewed, and the pumps will be sent to proper flow rates. NOTES: The CUSTOMER shall provide for the following: 1. Offloading of the equipment shipments 2. A dumpster for removal of waste material. 3. Disposal of the waste material. 4. The ability to prevent flow from entering into the filter during the rebuild process. 5. Electrical service at 120 volt, 20 amp. 6. Access to the site from 7 AM to 7 PM. 7. Storage of the equipment shipments in a dry location, prior to installation. - Any components not listed in the scope above, and in the proposal, are NOT included and assumed to be REUSED. - Price does not include delays beyond contractor control. Price is for non-union labor. 6306 N. Alpine Rd. Loves Park. IL 61111.765681562501 ;1816:844 3b08 Copyright 2024, Aqua -Aerobic Systems, Inc Printed: Noy4mWr 9.1, 2024 Pad-11fG, A0,,UA-A&WBIC PROPOSAL DATE: November 11, 2024 Proposal#: 173978 SYS msi INC. :AMOWwaar Company Two (2) Control Panel Assembly(ies) consisting of: - NEMA 4X 316 stainless steel enclosure(s). - Sub panel. - Federal Alarm horn - Warning light - Contact relays - Disconnect(s). - Mechanical lugs - Transformer(s). - Fuse(s), fuse block(s), and cover(s). - Size 0 motor starter(s) with motor circuit protector(s). - Induction Relay(s). - Control Relays - Selector switch(es). - Indicating pilot light(s). - Din rail(s). - Terminal(s). - Timer(s). -Adjustable TDR -ATC units - Corrosion inhibitor(s). - UL label(s). Two (2) Backwash Piping omponent(s) consisting of: - PVC couplings - PVC pipe and fitting(s). - Combo Hose Nipples - PVC piping and fitting(s). - Tees - Stainless steel hose clamp(s). - Hose(s). - Quick connect coupler(s). NOTE: Existing valves to be reused. Two (2) Washwater Discharge Piping Component(s) consisting of: - PVC pipe and fitting(s). - PVC piping and fitting(s). - Stainless steel hardware. - Hose(s)- - Stainless steel hose clamp(s). - Splash guard(s). NOTE: Existing valve(s) to be reused. Two (2) Skimmer Piping Component(s) consisting of: - PVC Pipes - Black Hoses - Flexible hose(s). - Nylon combination nipple(s). - Stainless steel hose clamps. - Stainless steel hardware. NOTE: Existing skimmer assembly with blades, pump, skimmer heads, and stainless steel support hardware is to be REUSED. Two (2) Festooning Cable Mast(s) components consisting of: - Shim Blocks - Painted pillow block bearing(s). - Painted flanged idler pulley(s). 6306 N. Alpine Rd, Loves Park, IL 61111-71M #81&654.2301 itiWS.454.8W www.agYf-aft l!"A n I Copyright 2024, Aqua -Aerobic Systems, Inc Printed: Nawmbor 1.1, M4 11,89111r B AQUA-AEPOBIC PROPOSAL DATE: November 11, 2024 Proposal#: 173978 SYSTEMS, INC. ® A MelaweW Company NOTE: Existing cable mast weldment is to be REUSED. - Shaft Two (2) Electrical Cable Festooning System(s) consisting of: - Cable connector(s). - Flat electrical power cable(s). - #14 AWG 12 conductor flat electrical cable(s). NOTE: Existing trolley carriers, end trolley, mooring cable, mast assembly, and all associated hardware to be REUSED. Two (2) Set(s) Of Bridge components consisting of: - PVC Pipes - Level sensing electrode rod(s). - Level sensing electrode holder(s). - Hose/Shank Assemblies Two (2) Travel Trip Peg Installation Component(s) consisting of: - Fiberglass unistrut(s). - Travel peg(s). - Unistrut nut(s). - Stainless steel anchors and hardware. Supervision/Freight Supervison/Freight Domestic 1 Supervision Services and Freight Package(s) will be provided as follows: - 4 Day(s) On Site for ELECTRICAL SUPERVISION - 2 Trip(s) for ELECTRICAL SUPERVISION - 1 FOR EACH FILTER - FREIGHT TO JOBSITE The Following Notes apply to Aqua -Aerobic Systems' Proposal: - SCHEDULE: We expect submittals to be completed and in transit to you within 8-10* weeks after receipt of order with acceptable terms and conditions and guarantee of payment. We expect receipt of approved engineer's submittal with release for manufacture within 4-8 weeks of our transmittal of submittal data. We expect shipment of equipment (transit time excluded) to be approximately 18-22* weeks from our receipt of approved engineer's submittal data and release for manufacture. Schedules may be adjusted at time of order placement, depending upon existing order backlog. *Weeks quoted are actual working weeks. Estimated time of completion, based on the above information, coordination logistics, and current independent service provider schedule, is 66 weeks (approximately 465 days) from receipt of purchase order. - Schedule changes due to supply chain disruption may impact the above quoted times. Aqua -Aerobic Systems will advise if/when any such disruption applies. - F.O.B. ORIGIN; TITLE AND RISK OF LOSS: All prices and all shipments of goods are F.O.B. Aqua -Aerobic Systems, Inc.'s plant at Loves Park, Illinois. Delivery of the goods sold hereunder to the carrier shall be deemed delivery to the Buyer, and upon such delivery, title to such goods and risk of loss or damage shall be upon Buyer. - TAXES: State and/or local taxes are not included in the price but will be charged unless we receive a valid sales exemption certificate, direct pay permit, or other documentation required specifically by the taxing entity prior to shipment. - PAYMENT TERMS: Subject to credit approval and guarantee of payment, payment Net 30 days from date of each shipment; no retainage allowed. - Additional supervision services can be provided for an additional charge of $1750/day plus travel and living expenses. - TRADEMARKS: Aqua -Jet® Surface Mechanical Aerator, Aqua -Jet II® Contained Flow Aerator, AquaDDM® 6306 N. Alpine Rd. Loves Park. IL 61111-76W #81&6".2501 *,846M42MG wwwAqu"erobic.com Copyright 2024, Aqua -Aerobic Systems, Inc Printed: November .11, 2024 Pagl 13f 6 PROPOSAL DATE: November 11, 2024 Proposal#: 173978 'hr�uH Direct -drive Mixer, TurboStar® Directional Mixer, ThermoFlo® Surface Spray Cooler, Endura® Series Limited Maintenance Product, OxyMix® Pure Oxygen Mixer, OxyStar® Aspirating Aerator, TurboSta® Directional Mixer, rFold-a-Float® Self -deploying Segmented Float, SAF -T Float® Safe Accessible Float Technology, Aqua MixAir® Aeration System, AquaCAM-D® Combination Aerator/Mixer/Decanter, AquaSBR® Sequencing Batch Reactor, Aqua MSBR® Modified Sequencing Batch Reactor, AquaPASS® Phased Activated Sludge System, Aqua BioMax® Dual Treatment System, AquaEnsure® Ballast Decanter, Aqua EnduraTube® Fine -bubble Tube Diffuser, Aqua EnduraDisc® Fine -bubble Disk Diffuser, Aqua CB -240 Coarse -bubble Diffuser, AquaDisk® Cloth Media Filter, AquaDiamond® Cloth Media Filter, AquaDrum® Cloth Media Filter, Aqua MiniDisk® Cloth Media Filter, Aqua MegaDisk® Cloth Media Filter, AquaPrime® Cloth Media Filter, AquaStorm® Cloth Media Filter, OptiComb® Backwash System, OptiFiber® Cloth Filtration Media, OptiFiber PES -13® Cloth Filtration Media, OptiFiber PA2-13® Cloth Filtration Media, OptiFiber PES -14® Cloth Filtration Media, OptiFiber PF -14® Cloth Filtration Media, OptiFiber UFS -9® Cloth Filtration Media, Trust the Tag® OptiFiber® Service Mark, AquaABF® Automatic Backwash Filter, AquaMB® Multiple Barrier Membrane System, Aqua -Aerobic® MBR Membrane Bioreactor System, Aqua MultiBore® Membranes, Aqua Multibore® C -Series Ceramic Membranes, Aqua Multibore® P -Series Polymeric Membranes, Aqua ElectrOzone® Ozone Generation System, IntelliPro® Monitoring and Control System, AquaPRSTM PFAS Removal System, AquaPR-206 TM PFAS Removal System, Aqua -Aerobic®, and the Aqua -Aerobic Corporate logo artwork are registered trademarks or pending trademarks of Aqua -Aerobic Systems, Inc. Nereda®, AquaNereda® Aerobic Granular Sludge Technology, and the AquaNereda Product logo artwork are a registered trademark of Royal HaskoningDHV. All other products and services mentioned are trademarks of their respective owners. GOODS QUOTED ABOVE WILL BE SOLD SUBJECT ONLY TO THE TERMS AND CONDITIONS OF SALE SET FORTH HEREIN. ANY DIFFERENT OR ADDITIONAL TERMS ARE HEREBY OBJECTED TO. Total Price: $417.530 6306 N. Alpine Rd. Loves Park, IL 61111-76W* #$15:664.2301 1;846AS4.21IN Www.aqua-aerobic.com Copyright 2024, Aqua -Aerobic Systems, Inc Printed: November 11, 2024 Pay l* 6 AQUA -AEROBIC PROPOSAL DATE: November 11, 2024 Proposal#: 173978SYSTEMS, INC. ® A Wawaw Company TERMS AND CONDITIONS OF AQUA -AEROBIC SYSTEMS, INC. (A Metawater Company) Page 1 of 2 This offer and all of the goods and sales of Aqua -Aerobic Systems, Inc. are subject only to the following terms and conditions. The acceptance of any order resulting from this proposal is based on the express condition that the Buyer agrees to all the terms and conditions herein contained. Any terms and conditions in any order, which are in addition to or inconsistent with the following, shall not be binding upon Aqua -Aerobic Systems, Inc. This proposal and any contract resulting therefrom, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of laws principles. Resale of any products purchased from - Aqua -Aerobic Systems, Inc, is not permitted without prior written agreement with Aqua -Aerobic Systems, Inc expressly consenting to such resale. Any party who sells a product purchased from Aqua -Aerobic Systems, Inc, is subject to the terms and conditions includedherein. DURATION OF QUOTATION This proposal of Aqua -Aerobic Systems, Inc. shall in no event be effective more than 30 days from date thereof, unless specifically stated otherwise, and is subject to change at any time prior to acceptance. PROPRIETARY INFORMATION This proposal, including all descriptive data, drawings, material, information and know-how disclosed by Aqua -Aerobic Systems, Inc. to Buyer in relation hereto is confidential information intended solely for the confidential use of Buyer, shall remain the property of Aqua -Aerobic Systems, Inc. and shall not be disclosed or otherwise used to the disadvantage or detriment of Aqua -Aerobic Systems, Inc. in any manner. PAYMENT TERMS; ORDERS; Unless specifically stated otherwise, quoted terns are Net 30 Days from invoice date. Past -due charges are 1.5% per month and will apply only on any past -due balance. Aqua -Aerobic Systems, Inc. does not allow retainage of any invoice amount, unless authorized in writing by an authorized representative of our Loves Park, Illinois office. Terms of payment are within Aqua -Aerobic Systems, Inc's sole discretion, and unless otherwise agreed to by Aqua -Aerobic Systems, Inc, payment terms must be accepted by Aqua -Aerobic Systems, Inc prior to Aqua -Aerobic Systems' acceptance of an order. Payment for the products must be made by approved credit card, check, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Aqua -Aerobic Systems, Inc. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Orders are not binding until accepted by Aqua -Aerobic Systems, Inc. SECURITY If at any time the financial responsibility of the Buyer becomes unsatisfactory to Aqua -Aerobic Systems, Inc., or Aqua -Aerobic Systems, Inc. otherwise deems itself insecure as to receipt of full payment of the purchase price from Buyer hereunder, Aqua -Aerobic Systems, Inc. reserves the right to require payment in advance or security or guarantee satisfactory to Aqua -Aerobic Systems, Inc. ofpayment in full of the purchase price. SHIPMENT Shipping dates are not a guarantee of a particular day of shipment and are approximate, being based upon present production information, and are subject to change per the production schedules existing at time of receipt of purchase order. Aqua -Aerobic Systems, Inc. shall not be responsible for any delay in shipment for causes beyond its control including, but not limited to, war, riots, strikes, labor trouble causing interruption of work, fres, other casualties, transportation delays, modification of order, any act of governmental authorities or acts of God. Quoted shipment dates in this proposal are approximate dates goods will be shipped and, unless agreed to in writing by Aqua -Aerobic Systems, Inc., Buyer may not postpone or delay the dates of shipment of goods from our plant or from our supplier's plants beyond the dates set forth in this proposal. Buyer is required to notify Aqua- Aerobic Systems, Inc within 7 -days of any discrepancies with shipment. SHIPPING CHARGES; TAXES and OTHER RELATED FEES. Separate fees for shipping and handling will be charged on all purchases unless specifically stated otherwise. Prices quoted do not include any taxes, customs duties, or import fees. The Buyer is responsible for sales use and all other taxes and fees associated with the purchase. If aqua -Aerobic Systems, Inc. is required by any taxing authority to collect or to pay any such tax, duty or fee, the Buyer shall be separately billed at such time for the amounts Aqua -Aerobic Systems, Inc is required to pay TITLE AND RISK OF LOSS F.O.B. Destination - Delivery of goods to the destination shall be deemed delivery to the Buyer, and upon such delivery, title to such goods and risk of loss or damage shall be upon Buyer. F.O.B. Aqua -Aerobic Systems, Inc's plant at Loves Park, Illinois - Delivery of the goods sold hereunder to the carrier shall be deemed delivery to the Buyer, and upon such delivery, title to such goods and risk of loss or damage shall be upon Buyer. INSURANCE Unless the goods are sold on a CIF basis, the Buyer shall provide marine insurance for all risks, including war and general coverage. Aqua -Aerobic Systems, Inc will provide evidence of coverage upon request. At no time will Aqua -Aerobic Systems, Inc issue a certificate of insurance listing Buyer as additional insured unless under fully executed contract and Aqua -Aerobic Systems, Inc is providing start-up services. LIMITATION OF ACTION No action shall be brought against Aqua -Aerobic Systems, Inc. for any breach of its contract of sale more than two years after the accrual of the cause of action thereof, and, in no event, unless the Buyer shall first have given written notice to Aqua -Aerobic Systems, Inc., of any claim of breach of contract within 30 days after the discovery thereof. CANCELLATION CLAUSE No acceptance of this proposal, by purchase order or otherwise, may be modified except by written consent of Aqua -Aerobic Systems, Inc. nor may it be canceled except by prior payment to Aqua -Aerobic Systems, Inc. the following sums as liquidated damages therefore: 1) If cancellation is prior to commencement of production and prior to the assumption of any obligations by Aqua -Aerobic Systems, Inc. for any materials or component parts, a sum equal to 15% of the total purchase price; 2) If cancellation is after the commencement of production or after the assumption of any obligations by Aqua -Aerobic Systems, Inc. for any materials or component parts, a sum equal to the total of the direct, out-of-pocket expenses incurred to the date of cancellation for labor, machine time, materials and any charges made to us by suppliers for cancellation, plus 30% of the total purchase price. All charges and expenses shall be as determined by Aqua -Aerobic Systems, Inc. In the event any items are used by Aqua -Aerobic Systems, Inc. to fill a subsequent order, then upon receipt of payment for such order, Aqua -Aerobic Systems, Inc. shall pay the Buyer a sum equal to the direct out-of-pocket expenses previously charged and received from Buyer. 6306 N. Alpine Rd. Loves Park, IL 61111-7655 0 815:854:2501 t 815,854.2508 wwwcaqua-aerobic.com Copyright 2024, Aqua -Aerobic Systems, Inc Printed: November 11, 2024 Pad 15f 6 AQUA -AEROBIC PROPOSAL DATE: November 11, 2024 Proposal#: 173978SYSTEMS, INC. s A Meta Water Company TERMS AND CONDITIONS OF AQUA -AEROBIC SYSTEMS, INC. (A Metawater Company) Page 2 of 2 QUALIFIED ACCEPTANCE AND INDEMNITY In the event the acceptance ofthis proposal by Buyer either is contingent upon or subject to the approval by any third party such as, but not limited to, a consulting engineer, with respect to goods, parts, materials, descriptive data, drawings, calculations, or any other matter, then upon such approval by any third party, Aqua - Aerobic Systems, Inc. shall have no liability to Buyer or to any third party so long as the goods sold and delivered by Aqua- Aerobic Systems, Inc. conform to this proposal. In the event any such third party requires modifications in the proposal prior to the approval thereof, Aqua -Aerobic Systems, Inc. may at its sole option and without liability to any party elect to cancel this proposal or return the purchase order to Buyer. In the event Aqua -Aerobic Systems, Inc. elects to modify this proposal to conform to the requirements for approval by any, third party, Aqua- Aerobic Systems, Inc. in such event shall have no liability to Buyer or to any third party so long as the goods sold and delivered by Aqua -Aerobic Systems, Inc. conform to this proposal as modified. Buyer agrees to indemnify and save harmless Aqua -Aerobic Systems, Inc. from and against all costs and expenses and liability of any kind whatsoever arising out ofor in connection with claims by third parties so long as the goods sold hereunder conform to the requirements ofthis proposal as approved by anythirdparty. WARRANTY; LIMITATION OF LIABILITY; AND DISCLAIMER In return for purchase and full payment for Aqua -Aerobic Systems, Inc. goods, we warrant new goods provided by us to be free from defects in materials and workmanship under normal conditions and use for a period of one year from the date the goods are put into service, or eighteen months from date of shipment (whichever first occurs). If the goods include an "Endura Series" motor, the complete Endura Series unit shall be warranted by Aqua -Aerobic Systems, Inc to be free from defects in materials and workmanship under normal conditions and use for three years from the date the product is put into service or 42 months from the date of shipment (whichever occurs first). OUR OBLIGATION UNDER TIRS WARRANTY IS EXPRESSLY AND EXCLUSIVELY LIMITED to replacing orrepairing (at our factory at Loves Park, Illinois) any part or parts returned to our factory with transportation charges prepaid, and which our examination shall show to have been defective. Prior to return of any goods or its parts to our factory, Buyer shall notify Aqua -Aerobic Systems, Inc. of claimed defect, and Aqua -Aerobic Systems, Inc. shall have the privilege of examining the goods at Buyer's place of business or where the goods have otherwise been placed in service. In the event this examination discloses no defect, Buyer shall have no authority to return the goods or parts to our factory for the further examination or repair. All goods or parts shall be returned to Buyer, F.O.B. Loves Park, Illinois. This warranty shall not apply to any goods or part which has been repaired or altered outside our factory, or applied, operated or installed contrary to our instruction, or subjected to misuse, chemical attack/degradation, negligence or accident. This warranty and any warranty and guaranty of process or performance shall no longer be applicable or valid if any product, including any software program, supplied by Aqua -Aerobic Systems, Inc., is modified or altered without the written approval ofAqua-Aerobic Systems, Inc. Our warranty on accessories and component parts not manufactured by us is expressly limited to that ofthe manufacturer thereof. THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART, INCLUDING ANY LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE; AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED; AND WE EXPRESSLY DENY THE RIGHT OF ANY OTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF ANY GOODS PROVIDED BY US. THERE ARE NO WARRANTIES OR GUARANTEES OF PERFORMANCE UNLESS SPECIFICALLY STATED OTHERWISE. UNDER NO CIRCUMSTANCES, INCLUDING ANY CLAIM OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL AQUA -AEROBIC SYSTEMS, INC. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSTS OF CONNECTING, DISCONNECTING, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN THE GOODS. LIMIT OF LIABILITY: AQUA -AEROBIC SYSTEMS, INC.'S TOTAL LIABILITY UNDER THE ABOVE WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE, OR ANYTHING DONE IN CONNECTION THEREWITH, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, IN ANY CASE, EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. Final acceptance of this proposal must be given to Aqua -Aerobic Systems, Inc. at their office in Loves Park, Illinois. Please acknowledge acceptance by signing the proposal and returning it to Aqua -Aerobic Systems, Inc. Accepted by: Company: By: Date: Offer Respectfully Submitted, Tim Lamont, Senior Customer Service Representative Aqua -Aerobic Systems, Inc. 6306 N. Alpine Rd. Loves Park, IL 61111-7665 081&654,2501 181&654.2508 www.aqua-aembic.com Copyright 2024, Aqua -Aerobic Systems, Inc Printed: November 11, 2624 Pag} I (y 6 Correspondence ID#: AAL -49900 Indian River County WWTP Attn: Kurt Steffen 2500 SW 6th Ave. Vero Beach, Florida 32962 USA Ph# 772-770-5474 Fax# 772-770-5329 Email: ksteffen@ircgov.com Project: INDIAN RIVER CTY SOUTH WWTP FL RE: Sole Source Letter, Dear Kurt, The Aqua -Aerobic Systems, Inc. (AASI) AquaABF® Filter is of Aqua -Aerobic proprietary design, fabricated to AASI specifications. Aqua -Aerobic is the exclusive original equipment manufacturer of the AquaABF® Filter(s) in Vero Beach. As such, all equipment and components are manufactured to AASI specifications, the exclusive vendor supplier for this equipment; this includes the repair items on proposal #173978. EnviroSales of Florida, Inc. is the exclusive sole source Representative in the state of Florida. For assistance you may contact Chuck Hlavach of EnviroSales of Florida, Inc. or Aqua -Aerobic Systems Inc. If you desire additional information or have any questions regarding this matter, please do not hesitate to contact the Representative listed below. Page 2 of 2 November 5, 2024 Sincerely, Tim Lamont Senior Customer Service Representative CC: EnviroSales of Florida, Inc. / ph#: 941/915-4861 Cell / fx#: 941/343-9245 Chuck Hlavach / chuck@envirosalesofflorida.com INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 12, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Approval of Final Rankings and Authorization to Negotiate for RFP 2025009 for Fairgrounds Marquee Sign Replacement BACKGROUND: On behalf of the Parks, Recreation and Conservation Department, a Request for Proposals ("RFP") was issued seeking qualified firms to design, fabricate, permit, and install a new digital marquee sign at the Fairgrounds, located at 7955 58th Avenue. This sign will advertise current and future events to take place at the Fairgrounds. DISCUSSION: A selection committee comprised of Beth Powell, Parks, Recreation and Conservation Director, Scott Knauer, Fairgrounds Facility Foreman, Elain Carow, Marketing & Event Coordinator, Gustavo Vergara, Parks, Recreation and Conservation Assistant Director, independently reviewed and scored the received proposals. The committee then met to compile an initial ranking of firms. After discussions and consultation with IT to ensure the proposals were in compliance with technology and security policies, the committee determined no interviews were necessary and declared the ranking final. During discussions, the Committee requested authorization to negotiate with the top ranked firm, Art -Kraft Sign Company, Inc., to establish different sign base options within the proposed budget. Staff is prepared to begin negotiations with Art -Kraft Sign Company, Inc., and bring the final agreement to the Board at a future meeting. Top Ranked Firms and designs are as follows: 1. Art -Kraft Sign Company, Inc. 2. 12 Visual 3. MEGA LED Technology (Design 2) 4. MEGA LED Technology (Design 1) 5. Zapata (Design 4) 119 FUNDING: Should negotiations be successful, funding for this work will come from the Optional Sales Tax Funds/ Parks/ Construction in Progress/ Fairgrounds Master Plan account, 31521072-066510- 24005. RECOMMENDATION: Staff recommend the Board approve the final ranking of firms and authorize negotiations with the top ranked firm, and the subsequently ranked firms, should negotiations with the top ranked firm fail. 120 iz1E1(2-4 hWc6n -T�W qA. P1 lop Iq moved -�m A.k INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Cindy Emerson, Community Services Director PREPARED BY: Siphi Chinyanganya, SHIP Administrator DATE: December 17, 2024 SUBJECT: Consideration of the Indian River County SHIP Program 2024 Annual Report It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 2024. DESCRIPTION AND CONDITIONS In the early 1990's, the State Housing Initiatives Partnership (SHIP) Program was created by the State of Florida. Through that program, the state collects documentary stamp tax revenue and allocates those funds to local governments to be used for affordable housing purposes. On April 6, 1993, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Plan (Ordinance #93-13). By adopting the plan and subsequently receiving Florida Housing Finance Corporation approval of the plan, Indian River County became eligible to receive State Housing Initiatives Partnership (SHIP) Program funds. The purpose of the SHIP program is to provide affordable housing for income qualified households. As structured, the county's SHIP Program provides low interest, deferred payment, and subordinated loans to eligible extremely low income, very low income, low income, and moderate -income households. Those loans are provided primarily for purchase assistance and rehabilitation assistance. As part of the SHIP purchase assistance program, private financial institutions provide principal mortgages, while SHIP loans are generally structured as soft second mortgages. Since SHIP is a state funded program, the SHIP program fiscal year (FY) is concurrent with the state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For example, in the past year the county has expended funds from the following SHIP program fiscal year: FY 21/22 and is set to encumber funds from FY 22/23 and FY 23/24. For each FY, SHIP funds consist of state allocations (unless funds are withheld or swept to fund other state purposes) and program income. Program income consists of SHIP loan repayments and interest earned. Attachment #I shows historic SHIP fund information. That includes the number of [2o- l loans provided to eligible applicants by fiscal year and by income category. According to SHIP Program requirements, the county must submit an annual report for the closeout fiscal year (FY21 /22) showing that all allocated SHIP funds were expended for that FY. That report must also include interim year data for interim year 1 (FY 22/23). The County was given an extension to December 31, 2024 to expend the FY21/22 funds and to encumber FY 22/23 due to having had SHARP funds in addition to the SHIP funds. The Annual Report will be resubmitted on December 31, 2024 once all funds for the closeout year have been expended. A certification form for the report must be signed by the Chairman of the Board of County Commissioners or his designee. For all previous fiscal years, closeout reports were previously submitted to and approved by the state. Attachment #2 to this staff report is the county's SHIP Program FY 2021-2022 annual closeout report. ANALYSTS According to state regulations, SHIP funds must be utilized in such a manner that all state requirements and all requirements of the county's Local Housing Assistance Program are met. Among the SHIP requirements are the following: • At least 30% of funds must be utilized by very low income (VLI) households • At least 30% of funds must be utilized by low income (LI) households • At least 65% of funds must be utilized for homeownership • At least 75% of funds must be utilized for construction, rehabilitation or emergency repair • At least 20% of funds must be utilized for special needs applicants or household members • Not more than 10% of state allocated and 5% of program income funds may be utilized for administration costs In administering the SHIP program, the county has met all of those requirements as well as all local requirements for home ownership, credit, employment, assets, and others. The purpose of this staff report is to provide the Board of County Commissioners with background information and the attached SHIP annual report, and to obtain Board authorization for the Chairman to sign the Certification Form for the attached SHIP annual report (see attachment #3). RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. approve the attached SHIP 2024 annual report and authorize its formal submission to the Florida Housing Finance Corporation after any necessary changes are made; and 2. authorize the Chairman to sign the attached Certification form; and 3. authorize staff to make any minor reporting changes to the annual report and Certification form that may be requested by the Florida Housing Finance Corporation. 2 12c)-2 Attachments: 1. SHIP Funds and Applicants Information Summary 2. Draft SHIP Annual Closeout Report for FY 2021-2022 3. 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Effective Date: 5/23/2017 Report Status: Unsubmitted w/Extension Code ,, Strategy Expended Amount ' Units Encumbered Amount Units Unencumbered Amount Units 1 Purchase Asst with Rehab $67,761.16 2 I Amount Amount I Units 2 LDPC -Dn Pymt / Impact Fee $305,961.00 7 2 Purchase Asst w / o Rehab $522,692.00 13 2 DPCC-Dn Pyment / No Rehab $83,317.00 2 2 DPCC- Dn Closing Costs $65,000.00 1 3 Owner Occupied Rehabilitation Loan $387,695.68 15 3 Owner Occupied $19,012.00 1 6 Emergency Repair $11,164.17 10 Homeownership Totals: $1,462,603.01 51 Rentals Rental Totals: Subtotals: $1,462,603.01 Additional Use of Funds FY $107,240.40 $.00 $25,860.69 $2,675.30 51 Totals: $1,598,379.40 51 $.00 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Page 1 V 5 Expended EncumberedUnencumbered FUns Code Strategy , Amount Units I Amount Amount I Units Rental Totals: Subtotals: $1,462,603.01 Additional Use of Funds FY $107,240.40 $.00 $25,860.69 $2,675.30 51 Totals: $1,598,379.40 51 $.00 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Page 1 V 5 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units State Annual Distribution $1,098,977.00 * Carry Forward to Next Year: $28,856.96 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Program Income (Interest) $1,121.46 Program Income (Payments) $516,092.50 Recaptured Funds $.00 Disaster Funds Owner Contribution Other Funds .00% Carryover funds from previous year $11,045.40 Total: $1,627,236.36 Form 2 Rental Unit Information Description Eff, 1 Bed 2 Bed 3 Bed 4 Bed ELI 420 450 575 752 929 VLI 700 750 900 1,038 1,158 LOW 1,118 1,198 1,438 1,661 1,853 MOD 1,680 1,800 2,160 2,493 2,781 Up to 140% 1,960 2,1001 2,520 2,9081 3,244 Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $1,462,603.01 63.67% Public Moneys Expended $834,531.98 36.33% Private Funds Expended $.00 .00% Owner Contribution $.00 .00% Total Value of All Units $2,297,134.99 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab FL Statr Compliance Category SHIP Funds Trust Funds % of Trust Fund Minimur Homeownership $1,462,603.01 $1,110,022.40 131.76% 65% Construction / Rehabilitation $1,462,603.01 $1,110,022.40 131.76% 75% Program Compliance - Income Set -Asides Page 2 ao '0 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 ! Income Category SHIP Funds Total` Available Funds % Extremely Low $145,565.82 8.95% Very Low $345,132.33 21.21% Low $922,956.08 56.72% Moderate $48,948.78 3.01% Over 120%-140% $.00 .00°I0 Totals: $1,462,603.01 89.88% Project Funding for Expended Funds ' ng gages corrie, a e o 6 a .. Un s o Mortgages, Loans & flans F. DPL °s DPL Unit #s Extremely Low $145,565.82 5 Total Funds SHIP Grants SHIP Grant Unit#s 0 Total SHIP Funds Expended $145,565.82 Total #' Units' 5 Very Low $345,132.33 14 0 $345,132.33 14 Low $922,956.08 25 0 $922,956.08 25 Moderate $48,948.78 7 0 $48,948.78 7 Over 120%-140% 0 0 $.00 0 Totals: $1,462,603.01 51 $.00 0 $1,462,603.01 51 Form 3 Page 3 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 DPCC-Dn Pyment / Fellsmere 1 1 No Rehab 2-4 5+ Description Municipality, Description Municipality DPCC- Dn Closing Unincorporated 41 -61 62+ 1 Owner Occupied Vero Beach 1 Costs 1 1 Rehabilitation Loan Emergency Repair Unincorporated Owner Occupied Unincorporated 2 Emergency Repair 1 Fellsmere 1 Totals: 5 14 25 7 51 Characteristics/Age (Head of Household) Totals: 1 13 18 19 51 Family Size List Unincorporated and Each and Each 2-4 5+ Description Municipality, Description Municipality 0-25 26-40 41 -61 62+ Total Owner Occupied Vero Beach 1 Rehabilitation Loan 1 1 Rehabilitation Loan Emergency Repair Unincorporated 2 2 2 Emergency Repair Unincorporated Fellsmere 3 3 6 Owner Occupied Fellsmere 1 1 Rehabilitation Loan 4 7 11 Rehabilitation Loan Owner Occupied Unincorporated 2 2 7 11 Rehabilitation Loan 3 Emergency Repair Sebastian 1 2 3 Purchase Asst with Unincorporated 1 1 2 Rehab Emergency Repair Fellsmere 1 1 Owner Occupied Sebastian 1 1 2 Rehabilitation Loan LDPC -Dn Pymt / Unincorporated 3 3 1 7 Impact Fee Purchase Asst w/ o Unincorporated 7 4 2 13 Rehab DPCC-Dn Pyment / Unincorporated 1 1 No Rehab DPCC-Dn Pyment / Fellsmere 1 1 No Rehab DPCC- Dn Closing Unincorporated 1 1 Costs Owner Occupied Unincorporated 1 1 Totals: 1 13 18 19 51 Family Size Page 4 w b List Unincorporated and Each 1 2-4 5+ Description Municipality, Person People People Total Owner Occupied Vero Beach 1 1 Rehabilitation Loan Emergency Repair Unincorporated 2 2 2 6 Owner Occupied Fellsmere 1 1 Rehabilitation Loan Owner Occupied Unincorporated 4 7 11 Rehabilitation Loan Emergency Repair Sebastian 1 1 2 3 Page 4 w b Purchase Asst with Unincorporated 1 1 2 Rehab and Each Emergency Repair Fellsmere 1 Amer - 1 Owner Occupied Sebastian 1 1 anic 2 Rehabilitation Loan Other Total Owner Occupied Vero Beach LDPC -Dn Pymt / Unincorporated 2 5 7 Impact Fee Purchase Asst w / o Unincorporated 2 10 1 13 Rehab 6 DPCC-Dn Pyment / Unincorporated 1 1 1 No Rehab 1 Rehabilitation Loan DPCC-Dn Pyment / Fellsmere 1 1 No Rehab Unincorporated 4 6 1 DPCC- Dn Closing Unincorporated 1 Rehabilitation Loan 1 Costs Owner Occupied Unincorporated 1 1 Totals: 17 30 4 51 Race (Head of Household) Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Totals: 21 26 3 1 51 Demographics (Any Member of Household) Page 5 List Unincorporated -- and Each Hisp- Amer - Description Municipality White Black anic Asian Indian Other Total Owner Occupied Vero Beach 1 1 Rehabilitation Loan Emergency Repair Unincorporated 4 2 6 Owner Occupied Fellsmere 1 1 Rehabilitation Loan Owner Occupied Unincorporated 4 6 1 11 Rehabilitation Loan Emergency Repair Sebastian 3 3 Purchase Asst with Unincorporated 1 1 2 Rehab Emergency Repair Fellsmere 1 1 Owner Occupied Sebastian 2 2 Rehabilitation Loan LDPC -Dn Pymt / Unincorporated 1 6 7 Impact Fee Purchase Asst w/ o Unincorporated 7 5 1 13 Rehab DPCC-Dn Pyment / Unincorporated 1 1 No Rehab DPCC-Dn Pyment / Fellsmere 1 1 No Rehab DPCC- Dn Closing Unincorporated 1 1 Costs Owner Occupied Unincorporated 1 1 Totals: 21 26 3 1 51 Demographics (Any Member of Household) Page 5 Totals: 19 19 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Description List Unincorporated Expended Funds Total # of Expended Units Emergency Repair Service Industry 801.00 and Each Farm Home-.",Mand 45,794.16 1 d j. Worker less Elderly Total Owner Occupied Vero Beach LDPC -Dn Pymt/Impact Fee Service Industry 1 1 Rehabilitation Loan Educator/School Employee 35,000.00 1 Purchase Asst w/o Rehab Nurse/Healthcare Emergency Repair Unincorporated Owner Occupied Educator/School Employee 3 3 Owner Occupied Fellsmere 0 Rehabilitation Loan Owner Occupied Unincorporated 7 7 Rehabilitation Loan Emergency Repair Sebastian 2 2 Purchase Asst with Unincorporated 0 Rehab Emergency Repair Fellsmere 1 1 Owner Occupied Sebastian 1 1 Rehabilitation Loan LDPC -Dn Pymt / Unincorporated 1 1 Impact Fee Purchase Asst w / o Unincorporated 2 2 Rehab DPCC-Dn Pyment / Unincorporated 1 1 No Rehab DPCC-Dn Pyment / Fellsmere 0 No Rehab DPCC- Dn Closing Unincorporated 0 Costs Owner Occupied Unincorporated 0 Totals: 19 19 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Description Special Target Group Expended Funds Total # of Expended Units Emergency Repair Service Industry 801.00 1 Purchase Asst with Rehab Nurse/Healthcare 45,794.16 1 LDPC -Dn Pymt/Impact Fee Nurse/Healthcare 148,269.00 3 Purchase Asst w/o Rehab Service Industry 129,423.00 3 LDPC -Dn Pymt/Impact Fee Service Industry 78,846.00 2 Purchase Asst w/o Rehab Educator/School Employee 35,000.00 1 Purchase Asst w/o Rehab Nurse/Healthcare 50,000.00 1 Owner Occupied Educator/School Employee 19,012.00 1 Form 4 Status of Incentive Strategies Page 6 1ZD'lo Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Incentive _-......__.__....... _ Description (If Other) Category __.._.. ____..... Status _._....__..-•---..._.___ _� Year Adopted j (or NIA) Expedited permitting Expedited Permitting- Required Implemented, 1994 Housing Element Policy 1.5 in LHAP and 1.6 Ongoing review process Ongoing Review - Housing Required Implemented, 1994 Element Policy 1.7 in LHAP Flexible densities 20% of Density Bonus - AHAC Review Implemented, 1998 Housing Element Policy 2.5 in LHAP _ ,Allowance of accessory Small Lot Subdivision AHAC Review Implemented, 1992 ;dwelling units =Regulations in LHAP Allowing Multi -Family in AHAC Review Implemented, 1995 i ;Other Conjunction with in LHAP Commercial !Support of development Development Near AHAC Review Implemented, 2010 near transportation/employment Transportation Hubs/Employment-Housing in LHAP i ;hubs Element Policy 1.9 �...•,._. Other AssistanceNon -Profits ARvie HAC ew a .._ �.---i Implemented, 2010 � ' o g cEstablishing I iHousing Element Policy 410 !Other Assistance to Non -Profits AHAC Review Implemented, 2010] for Establishing CDCs - in LHAP Housing Element 4.11 :Other Assistance to Employers AHAC Review Implemented, 2010 for Employer Assisted in LHAP ';Housing - Housing Element Policy 4.12 ;Other Establishing Private/Public AHAC Review Implemented, 2010 i Housing Trust Fund - in LHAP Housing Element Policy j 4.13 Other Regulations Allowing Zero AHAC Review Implemented, 2010 Lot Line Subdivisions in LHAP ;Other Establishment of LHAP - AHAC Review Implemented, 1992 Housing Element Policies in LHAP 2.7, 3.6, 4.4, 4.6, 4.7, 4.9, i and 9.1 Impact fee modifications SF Affordable Housing AHAC Review Implemented, 2020 Impact Fee Reduction in LHAP Waiver Support Services Page 7 ` 2 n , ( Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 The County, in conjunction with financial institutions, conducts a homebuyers education workshop program for all applicants who request purchase assistance. The County holds Indian River County SHIP Affordable Housing Partnership meetings with local lenders and real estate professionals to provide updates on office changes to the SHIP program and invites them to join the SHIP program. SHIP program staff participated in community outreach programs throughout the year. SHIP staff works closely with Habitat for Humanity staff to provide loan assistance to qualified loan applicants. The Indian River County Council on Aging provides various services to elderly and handicapped individuals, including housing assistance. County staff provides one-on-one assistance to applicants completing SHIP applications, resolving credit problems, referring applicants to appropriate financial institutions for acquiring first mortgages, and providing other assistance as needed. When requested, County SHIP staff, in conjunction with local financial institutions, non-profit organizations, and others, conducts informational workshops in the Gifford and Wabasso areas of the county, which have a high percentage of minorities and low-income households. Through its Community Services Department the County also provides the following: Human services programs aimed at promoting the social health and economic stability of its residents; Rental assistance program; Veterans services program; and has an active Children's Services Advisory Committee. Other Accomplishments As of November 25, 2024 the SHIP program has approved 50 loans with FY 2021/2022 program funding, more than 100% increase from the previous fiscal year. Florida Housing Finance Corporation completed its compliance monitoring of the County's SHIP program, and on July 11, 2024 the County received the close out letter which stated that there were no material observations. With effect from August 2024 the County implemented the Neighborly Software System for all its applications. This has resulted in streamlining the administration of housing programs, including automation of processes, improved compliance with regulations, increased efficiency through reduced manual work, and the ability to readily access real-time data for better program management and reporting. Ultimately this will allow staff to increase community outreach. Availability for Public Inspection and Comments Annual reports are provided to the public through the AHAC, The Affordable Housing Partnership Group, The County Community Services Division, and Municipalities within the county, and the County's website. Life -to -Date Homeownership Default and Foreclosure Total SHIP Purchase Assistance Loans: 16 Mortgage Foreclosures A. Very low income households in foreclosure: 0 B. Low income households in foreclosure: 0 C. Moderate households in foreclosure: 0 Foreclosed Loans Life -to -date: 0 SHIP Program Foreclosure Percentage Rate Life to Date: 0.00 Mortgage Defaults A. Very low income households in default: 0 B. Low income households in default: 0 C. Moderate households in default: 0 Defaulted Loans Life -to -date: 0 SHIP Program Default Percentage Rate Life to Date: 0.00 Page 8 1 2j) -I� Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Strategies and Production Costs Strategy Average Cost DPCC- Dn Closing Costs $65,000.00 DPCC-Dn Pyment/No Rehab $41,658.50 Emergency Repair $1,116.42 LDPC -Dn Pymt/Impact Fee $43,708.71 Owner Occupied $19,012.00 Owner Occupied Rehabilitation Loan $25,846.38 Purchase Asst w/o Rehab $40,207.08 Purchase Asst with Rehab $33,880.58 Expended Funds Total Unit Count: 51 Total Expended Amount: $1,462,603.01 Strategy ' Full Name Address City Zip Expended FY if Unit Code Funds Already Counted Owner Occupied Gloria Lewis 303 7th CT SW Vero Beach 32962 $27,812.00 Rehabilitation Loan Emergency Repair Heather 2740 4th St Vero Beach 32962 $981.50 Kennedy Owner Occupied Cynthia Gillis 10099 Grace Ave Fellsmere 32948 $68,432.78 Rehabilitation Loan Emergency Repair Paul 2045 5th St Vero Beach 32962 $1,382.90 Bartoszewicz Emergency Repair Barbara 1476 5th St Vero Beach 32962 $801.00 Rusnak Owner Occupied Claudet Bell 4401 35th Ave Vero Beach 32967 $64,934.90 Rehabilitation Loan Emergency Repair Barbara Smith 492 Biscayne Ln Sebastian 32958 $805.00 Purchase Asst with Aretta 4785 30th Ave Vero Beach 32967 $45,794.16 Rehab Raymond Owner Occupied Martin Santana 4170 46th Ln Vero Beach 32967 $41,279.00 Rehabilitation Loan Owner Occupied Patrica Jordan 3456 44th St Vero Beach 32967 $27,911.00 Rehabilitation Loan Owner Occupied Alfrida Allen 4095 42nd Sq Vero Beach 32967 $57,780.50 Rehabilitation Loan Emergency Repair Janet 1646 3rd CT SW Vero Beach 32962 $1,269.00 Bendickson Owner Occupied Heather Helton 4505 13th St Vero Beach 32966 $23,478.70 Rehabilitation Loan Emergency Repair Carolyn Bibbs 1005 Booker St Fellsmere 32948 $803.00 Owner Occupied Joyce Hubbard 4775 28th Court Vero Beach 32967 $20,217.20 Rehabilitation Loan Page 9 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Owner Occupied David Baird 1180 12th CT SW Vero Beach 32962 $31,661.25 Rehabilitation Loan Owner Occupied Charlotte 314 15th St SW Vero Beach 32962 $1,286.00 Rehabilitation Loan Kilduff Emergency Repair Tommy Rash 321 Main St Sebastian 32958 $1,864.00 Emergency Repair Dorothy Marcel 2466 13th Ave SW Vero Beach 32962 $1,200.93 Owner Occupied Indravadan 1245 36th Ave Vero Beach 32960 $1,385.50 Rehabilitation Loan Brahmbhatt Owner Occupied Carole 631 Wallis Ave Sebastian 32958 $3,397.25 Rehabilitation Loan Kirkland Owner Occupied Brandi Lewis 850 Barber St Sebastian 32958 $12,674.88 Rehabilitation Loan Emergency Repair Tina Falco 426 Hazel St Sebastian 32958 $850.00 Purchase Asst with Emmanuel 165 48th Ave Vero Beach 32968 $21,967.00 Rehab Perez Owner Occupied Leonard Dixon 4215 36th Ct Vero Beach 32967 $2,234.72 Rehabilitation Loan Emergency Repair Margaret 4535 49th Ave Vero Beach 32967 $1,206.84 Saunders Owner Occupied Rebecca Diaz 635 15th Ave Vero Beach 32962 $3,210.00 Rehabilitation Loan LDPC -Dn David 1122 11th Ave SW Vero Beach 32962 $39,423.00 Pymt/Impact Fee Reynolds LDPC -Dn Rochelle 1504 17th Ct SW Vero Beach 32962 $54,423.00 Pymt/Impact Fee Solomon Purchase Asst w/o Ramon 2201 85th Ave Vero Beach 32966 $10,000.00 Rehab Rodriguez LDPC -Dn Rose Galloway 1195 11th Ave SW Vero Beach 32962 $39,423.00 Pymt/Impact Fee LDPC -Dn Margaret 1165 10th Ct SW Vero Beach 32962 $39,423.00 Pymt/Impact Fee Mowatt LDPC -Dn Dearrow Ellis 1120 10 Ct SW Vero Beach 32962 $39,423.00 Pymt/Impact Fee LDPC -Dn Shaniqua Saez 1115 13th Ave SW Vero Beach 32962 $54,423.00 Pymt/Impact Fee LDPC -Dn Paula Brown 1125 13th Ave Sw Vero Beach 32962 $39,423.00 Pymt/Impact Fee Purchase Asst w/o Melinda 1116 14th Ave SW Vero Beach 32962 $35,000.00 Rehab Shelley DPCC-Dn Daisy Hicks 1205 13th Ave SW Vero Beach 32962 $39,423.00 Pyment/No Rehab DPCC-Dn Alejandra 10073 Grace Ave Fellsmere 32948 $43,894.00 Pyment/No Rehab Espinoza Purchase Asst w/o Andrekia 1195 12th Ct SW Vero Beach 32962 $35,000.00 Rehab Williamson Purchase Asst w/o Sylphida Ovil 1111 13th Ave SW Vero Beach 32962 $35,000.00 Rehab Purchase Asst w/o Sarah 1415 11 th St SW Vero Beach 32962 $50,000.00 Rehab Robatcek Purchase Asst w/o Mark Betlow 1015 11th St SW Vero Beach 32962 $35,000.00 Rehab Page 10 ( 20 - A Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Purchase Asst w/o Joseph 920 13th St SW Vero Beach 32962 $35,000.00 Foreclosure: Rehab Barriner All 1 $135,776.35 Purchase Asst w/o Edward Elias 1160 10th Court SW Vero Beach 32962 $39,423.00 Rehab Purchase Asst w/o Tiffany 1135 11th Ave SW Vero Beach 32962 $39,423.00 Rehab Thompson Purchase Asst w/o Shawna 1170 10th CT SW Vero Beach 32962 $39,423.00 Rehab Carroll Purchase Asst w/o Erica Shears 1265 11th ST SW Vero Beach 32962 $50,000.00 Rehab DPCC- Dn Closing Ruthie 110 Ormond Court Sebastian 32958 $65,000.00 Costs Harrington #B Owner Occupied Tiffany 1536 15th Cir SW Vero Beach 32962 $19,012.00 Hamilton Purchase Asst w/o Charles Green 117511th Ave Vero Beach 32962 $54,423.00 Rehab Sr., Purchase Asst w/o Ashley Gilman 1187 11 St SW Vero Beach 32962 $65,000.00 Rehab Administration by Entity Jame -Business Type Strategy Covered Responsibility Amount ndian River County Foreclosure: Government All All 1 $135,776.35 Proi Tram income Program Income Funds Loan Repayment: $516,092.50 Refinance: Denied Foreclosure: Sale of Property: Interest Earned: $1,121.46 Total: $517,213.96 Number of Affordable Housing Applications Number of Affordable Housing Applications Submitted 181 Approved 52 Denied 139 Explanation of Recaptured funds ?escription Amount $.01 $.01 $.01 Total: $.00 Page 11 1Zb -6 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Rental Developments Development Owner Address" City Zip SHIP Amount SHIP Compliance Name Code Units Monitored By Single Family Area Purchase Price The average area purchase price of single family units: 250,168.06 Or Not Applicable Form 5 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 2 LDPC -Dn Pymt/Impact Fee $39,423.00 1 2 Purchase Asst w/o Rehab $7,554.24 6 Disability Insurance 2 DPCC-Dn Pyment/No Rehab (3) Owner Occupied Receiving Social Security 2 DPCC- Dn Closing Costs Rehabilitation Loan Disability Insurance 3 Owner Occupied Rehabilitation Loan $249,633.88 7 (2) LDPC -Dn Pymt/Impact Receiving Social Security 3 Owner Occupied Fee Disability Insurance 6 Emergency Repair $7,554.24 6 Special Needs Category Breakdown by Strategy Strategies Special Needs Category Expendedrtt,yFd Amount Units /tttfunt?„„ n (6) Emergency Repair Receiving Social Security $7,554.24 6 Disability Insurance (3) Owner Occupied Receiving Social Security $249,633.88 7 Rehabilitation Loan Disability Insurance (2) LDPC -Dn Pymt/Impact Receiving Social Security $39,423.00 1 Fee Disability Insurance Provide a description of efforts to reduce homelessness: Providing down -payment closing costs, and impact fee loans to help provide long-term affordable housing. Providing rehabilitation and emergency rehabilitation loans to provide long-term habitable and affordable housing. The County also provides rental assistance program and holds VASH vouchers for homeless veterans. Interim Year Data Page 12 1 tel/ , P Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Interim Year Data State Annual Distribution $1,553,430.00 Program Income $192,763.00 Program Funds Expended 100.89% Program Funds Encumbered $1,567,205.30 Total Administration Funds Expended $0.00 Total Administration Funds Encumbered $164,981.15 Homeownership Counseling $0.00 Disaster Funds Carry Forward to Next Year 65% Homeownership Requirement $1,567,205.30 100.89% 75% Construction / Rehabilitation $1,567,205.30 100.89% 30% Very & Extremely Low Income Requirement $773,000.00 44.27% 30% Low Income Requirement $794,205.30 45.48% 20% Special Needs Requirement $579,205.30 37.29% Carry Forward to Next Year Page 13 f 20 - �� Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 LG Submitted Comments: Edits made to the report by the LG resulted in report status being changed back to "Unsubmitted" Page 14 State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentives Certification On Behalf of Indian River County (Local Government), I hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year 2021/2022 and interim years 2022-2023. 2. The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented. Including, at a minimum: a. Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be $ 0.00 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be $ 0.00 Staff Member responsible for submitting annual report to FHFC: Siphikelelo Chinyaneanya Witness Signature Date Chief Elected Official or Designee Signature JncPph F_ FlpcchPr, Chairman Witness Printed Name Chief Elected Official or Designee Printed Name Witness Signature Date Witness Printed Name ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller ATTEST (Seal) Signature Date Date 420.9075 (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government's chief elected official or his or her designee. Transmittal of the annual report by a county's or eligible municipality's chief elected official, or his or her designee, certifies that the local housing incentive strategies, or, if applicable, the local housing incentive plan, have been implemented or are in the process of being implemented pursuant to the adopted schedule for implementation. NO /0A ar Sheriff Eric Flowers a ,. .L Indian River County Sheriff's Office December 6th, 2024 The Honorable Joseph Flescher Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Re: Forfeiture Trust Fund Dear Chairman Flescher: Florida Statute §932.7055, the Florida Contraband Forfeiture Act, provides that proceeds and interest earned from the forfeiture of real or personal property shall be used for a number of enumerated purposes. These funds are the direct result of our deputies' diligent law enforcement efforts and are derived mainly from drug related offenses. None of the funds are derived from county tax dollars. Pursuant to Fla. Stat. §932.7055(5)(b), I hereby certify that the requests made below comply the provisions therein, and I am requesting that $142,072 from our Law Enforcement Trust Fund be used to purchase equipment and support the programs and agencies listed below: Under Fla. Stat. §932.7055(5)(a), which permits the Sheriffs Office to use such monies for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants: $131,072 to be used for the purchase of additional equipment and protection for both Law Enforcement and Corrections, as well as life-saving supplies for the Indian River County public, as set forth in greater detail in the breakdown attached to this letter as Exhibit A, none of which. constitute normal operating expenses of my office. Under Fla. Stat. §932.7055(5)(c), which permits an agency or organization, other than the seizing agency, to apply for funds to the Sheriff to use such funds for an authorized purpose, which include school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes as this Board deems appropriate: $1,000 to the Executive Roundtable of Indian River County, Inc. Their mission is to identify solutions that will protect and enhance the lives of Indian River County children, individuals, families, and seniors. $1,000 to Treasure Coast Crime Stoppers to help solve crimes. Approximately 22% of all tips result in arrests. Currently, many leads are being investigated. 121 $1,000 to A Child is Missing to support their high-speed telephone alert system. This alert system is initiated within Indian River County when a child is reported missing. $1,000 to the Mental Health Collaborative. Their mission is to establish a continuation of care for mental health. Their goal is to increase access, decrease duplication and facilitate community wide support of mental health issues. $1,000 to support the annual Florida Missing Children's Day ceremony. This statewide ceremony honors police officers and civilians that have assisted in missing children cases and raises statewide awareness to help prevent abduction and sexual exploitation. $1,000 to Childcare Resources of Indian River County. Their mission is to ensure the availability and affordability of high-quality early childhood and family support programs for children of income eligible working families in Indian River County. $1,000 to the Pastoral Association of Indian River County. The Pastoral Association works within the community to provide guidance to address community issues. It has a relationship with the Sheriff's Office as well as clergy within the community. $1,000 to SafeSpace. They provide emergency shelter and outreach services to victims of intimate partner violence and have had a longstanding relationship with the Sheriff's Office and their victim advocates. $1,000 to Suncoast Mental Health. They provide mental and behavioral health services to at -risk children, adults and families with limited resources in their local community. $500 to the Florida Agricultural Crimes Intelligence. Their mission is to promote and facilitate the exchange of agricultural related intelligence to law enforcement officers specializing in agriculture crime investigations in the State of Florida. $500 to the Florida Crime Prevention Association. Their mission is to provide up-to-date training and networking opportunities with other agencies in an effort to enhance the crime prevention profession in the State of Florida $500 to the Florida FBI National Academy Associates. It is a non-profit, international organization of 17,000 senior law enforcement professionals dedicated to providing communities, states, countries, and profession with the highest degree of law enforcement expertise, training, education and information $500 to the InterAgency Board (IAB) Foundation. It is a non-profit with the mission to strengthen the nation's ability to prepare for and respond safely and effectively to emergencies, disasters and CBRNE incidents by emphasizing interoperability, compatibility, and standardization; fostering a multidisciplinary perspective; facilitating effective intergovernmental partnerships; being a credible voice of the responder community; being proactive and sharing field operational experiences and practices Please place this item under Constitutional Officers for the December 17", 2024 board agenda. If you have any questions or re ire additional information, please contact me at 978-6404. Thank you for your consideration. Sinckrdv. 7/ Eric Flowers Sheriff 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org 20., 122 LE TRUST FUND: EXHIBIT A DESCRIPTION Special Operations/SWAT Team Expansion Corrections Response Team Enhancement Fotokite Tethered Drones AMT 71,934.60 24,167.40 34,970.00 131,072.00 123 Jennifer W. Shuler County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney Al Public Hearing - B.C.C. 12/17/2024 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Christopher A. Hicks, Assistant County Attorney DATE: December 4, 2024 SUBJECT: Biosolids Moratorium Extension Ordinance - LEGISLATIVE BACKGROUND. ATTORNEY Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from sewage treatment facilities. Class B biosolids contain phosphorus and nitrogen, which promote algae blooms in surrounding estuaries and watersheds. Class B biosolids were being land applied in Indian River County, on properties near waterbodies such as Blue Cypress Lake. Blue Cypress Lake is the first lake along the St. Johns River and is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies. There is evidence of significant increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake. There appears to be a correlation between the increases of nutrients in Blue Cypress Lake and the land application of biosolids. It is important to note that per Florida Statute, the land application of Class B biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as a cheap alternative for the disposal and land application of Class B biosolids generated in South Florida. On July 17, 2018, the Indian River County Board of County Commissioners (the "Board") approved an ordinance establishing a 180 -day temporary moratorium on all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation. Additionally, the moratorium is imposed upon the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. The moratorium on 124 transportation does not apply to currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill. Finally, under the ordinance, the County Administrator is directed to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect. The Board subsequently has approved a continuation of the moratorium every year since. The current moratorium expires on January 1, 2025. Florida Statute 403.0855 states that "[a] municipality or county may enforce or extend a local ordinance, regulation, resolution, rule, moratorium, or policy, any of which was adopted before November 1, 2019, relating to the land application of Class A or Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed by the municipality or county." Thus, the County Attorney's Office is presenting to the Board another moratorium ordinance consistent with Florida Statute 403.0855, which will extend the moratorium to January 1, 2026. FUNDING. The cost of publication of the required public notice for the public hearing was $156.84. The cost will be funded from the County Attorney's Office budget within the General Fund/County Attorney/Legal Ads; Account No. 00110214-034910. Account Description I Account Number Amount General Fund/County Attorney/Legal Ads 100110214-034910 $156.84 RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the ordinance. ATTACHMENT(S). Biosolids Moratorium Ordinance Business Impact Statement 125 ORDINANCE NO. 2024 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 1 YEAR, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and chapter 125, Florida Statutes, counties have broad home rule powers to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county; and WHEREAS, the Indian River County Board of County Commissioners ("Board") specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County; and WHEREAS, Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic wastewater sludge from wastewater treatment facilities that contain algae supporting nutrients such as phosphorus and nitrogen; and WHEREAS, phosphorus and nitrogen pollution have been a long term problem for surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem with one which is undesirable to humans and native wildlife; and WHEREAS, the Board finds that the proper regulation of the land application of Class B biosolids is necessary and appropriate to guide the future use, development, and protection of the land and natural resources in the unincorporated areas of Indian River County and within drainage areas potentially affecting conservation lands and the Indian River Lagoon; and WHEREAS, the land application activities of Class B biosolids were being conducted on property in Indian River County, in areas near waterbodies such as Blue Cypress Lake; and WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies; and 126 ORDINANCE NO. 2024 - WHEREAS, in 2018 there were Mycrosystis blooms at Blue Cypress Lake; and WHEREAS, Jones Edmunds Associates, after analyzing historic St. Johns River Water Management District data, identified a relationship between the increase in land applied biosolids in the Blue Cypress Lake watershed and an increase in phosphorus levels in Blue Cypress Lake; and WHEREAS, on November 29, 2018 at the Florida Department of Environmental Protection Biosolids Technical Advisory Committee, the St. Johns River Water Management District staff presented information that showed a clear correlation of increased phosphorus levels where land applied biosolids were spread at FDEP permitted sites within the Upper St. Johns River basin; and WHEREAS, the land application of biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as the cheapest alternative for the disposal and land application of Class B biosolids generated in South Florida; and WHEREAS, in 2017, 73% of all the land applied Class B biosolids were spread in Indian River, Osceola and Brevard Counties; and WHEREAS, adding to the present nutrient loading in the St. Johns River Basin may further inflict damage to the health, safety, and welfare of humans and wildlife in Indian River County and the State of Florida; and WHEREAS, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals; and WHEREAS, however, the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Class B biosolids from waterbodies; and WHEREAS, on July 17, 2018, the Board determined that a temporary moratorium was needed to study the effects that the disposal and land application of Class B biosolids has on the water resources of Indian River County and to protect water quality in the St. Johns River watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts potentially caused by the land application of Class B biosolids; and WHEREAS, the Board has approved ordinances extending the temporary moratorium on land application of Class B biosolids activities, which moratorium will expire on January 1, 2025; and WHEREAS, per section 403.0855, Florida Statutes, Indian River County is authorized to enforce and extend such moratorium; and 127 ORDINANCE NO. 2024 - WHEREAS, the purpose of this ordinance is to extend the temporary moratorium on land application of Class B biosolids activities, as defined herein, for an additional 1 year, beginning January 1, 2025, except where such regulation of such activities is determined to be preempted to the state, for a period of time reasonably necessary for Indian River County to coordinate with the Florida Department of Environmental Protection and investigate the impacts of land application activities upon the public health, safety, and welfare, to promulgate reasonable regulations relating to such activities if deemed advisable by the Board, and to assess their impact to Indian River County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted, re -adopted and incorporated herein. Section 2. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 1 year, or less if provided by an ordinance by the Indian River County Board of County Commissioners, a moratorium is hereby imposed and extended upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, beginning January 1, 2025, except where determined to be inconsistent with or preempted by state law or regulation or for testing per section 5 below as approved by the Florida Department of Environmental Protection. In addition, the moratorium is hereby imposed and extended upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. All currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. Section 4. Expiration of Temporary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 1 year from the moratorium effective date set forth in this ordinance, January 1, 2026. The moratorium may be extended or terminated early by adoption of an ordinance or resolution of the Indian River County Board of County Commissioners. 128 ORDINANCE NO. 2024 - Section 5. Study of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to continue to coordinate with the Florida Department of Environmental Protection and the St. Johns River Water Management District and to continue to study in depth and report findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 1 year after the effective date as set forth in this ordinance. Section 6. Exhaustion of Administrative Remedies. A property owner claiming that this ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted administrative remedies. Section 7. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 8. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 19th day of November, 2024, for a public hearing to be held on the 17th day of December, 2024, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted. The vote on this ordinance was as follows: Chairman Joseph E. Flescher Vice Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the Ordinance duly passed and adopted this 17th day of December, 2024 with an effective date of January 1, 2025. 129 ORDINANCE NO. 2024 - ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller In Deputy Clerk John A. Titkanich. Jr. County Administrator Approved as to form and legal sufficiency: M Christopher A. Hicks Assistant County Attorney BOARD OF COUNTY OMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman This Ordinance was filed with the Department of State on the day of , 2024. 130 Indian River County, Florida Business Impact Estimate Florida law requires that before the County adopts a new ordinance, it must prepare a Business Impact Estimate that complies with Sec. 125.66(3), Fla. Stat. There are several exemptions to this requirement, which are outlined in the statute. This Business Impact Estimate form is provided to document compliance with and exemption from the requirements of Sec. 125.66(3), Fla Stat. If one or more boxes are checked below under "Applicable Exemptions," this indicates that Indian River County has determined that a business impact estimate is not required by law for the proposed ordinance. If no exemption is identified a business impact estimate is required by Sec. 125.66(3), Fla. Stat. and must be provided in the "Business Impact Estimate" section below. This Business Impact Estimate Form may be revised following its initial posting. Proposed ordinance's title/reference: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 1 YEAR, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. Applicable Exemptions ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth poliy, county and municipal planning, and land development regulation, indl ding zoning, development orders, development agreements and development permits; b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the County; 1 Note to Staff: This form should be completed and included in the Business Impact Estimate Form agenda packet for the item which the proposed ordinance is to be Form revised 10/21/24 considered and must be posted on the Indian River County's Website by the time notice of the proposed ordinance is published. 1 c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Business Impact Estimate: Indian River County hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): This is an extension of an ordinance restricting the land application Class B Biosolids. The first such ordinance was enacted in 2018 and it has been renewed on a yearly basis since then. The ordinance protects public health and safety from Class B Biosolids leeching into the groundwater and polluting the County's natural resources including, but not limited to, Blue Cypress Lake. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the county, including the following, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: This is an extension of an existing ordinance. There are no direct compliance costs that will occur based upon the extension. (b) Identification of any new charge or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible: There are no new fees or charges associated with this ordinance. (c) An estimate of the County's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs: There is no cost associated with this ordinance and no new fees or charges. 3. A good faith estimate of the number of businesses likely to be impacted by the ordinance: Historically the County is only aware of one landowner who has used Class B Biosolids in land applications and currently there are none. It is unknown whether there are any other businesses that may be impacted by the extension. 2 Note to Staff: This form should be completed and included in the Business Impact Estimate Form agenda packet for the item which the proposed ordinance is to be Form revised 10/21/24 considered and must be posted on the Indian River County's Website by the time notice of the proposed ordinance is published. 13 4. Additional information the governing body determines may be useful (if any): Business Impact Estimate Form Form revised 10/21/24 Note to Staff: This form should be completed and included in the agenda packet for the item which the proposed ordinance is to be considered and must be posted on the Indian River County's Website by the time notice of the proposed ordinance is published. 13 Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney I1A � Attorneys Matters - B.C.C. 12.17.24 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: December 4, 2024 ATTORNEY SUBJECT: Public Hearing Scheduled for December 17, 2024, to Consider Notice Of Intent To Use Uniform Method Of Collecting Non -Ad Valorem Assessments BACKGROUND. In the next fiscal year, the Board of County Commissioners will impose special assessments to fund services, facilities, and programs for street lighting maintenance and improvements, roadway maintenance and improvements, stormwater maintenance and improvements, water and sewer maintenance and improvements, and other public services and facilities allowed by law. In addition, the Board, acting in its capacity as the Solid Waste Disposal District, is contemplating the imposition of a special collection assessment to residential properties within the unincorporated area. To use the uniform method of collecting non -ad valorem assessments found in Florida Statute § 197.3632, the Board is required to advertise notice of its intent for four consecutive weeks, conduct a public hearing, and adopt a resolution indicating its intent, stating the need for the levy, and describing the boundaries of the real property subject to the levy. Attached are two resolutions of intent - one for the Board, acting in its own capacity, and the other acting in its capacity as the Solid Waste Disposal District. FUNDING. There is no impact to County funds by this resolution. RECOMMENDATION. The County Attorney recommends that the Board conduct a public hearing on the proposed resolutions, take comment from interested persons, and approve the two attached resolutions regarding the intent to use the uniform method for the levy and collection of special assessments. ATTACHMENTS. Resolution of the Board of County Commissioners Electing to Use the Uniform Method of Collection Resolution of the Solid Waste Disposal District Electing to Use the Uniform Method of Collection 134 RESOLUTION .fit 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF 4OIXECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE UNINCORPORATED AND ALL PARTICIPATING INCORPORATED AREAS OF INDIAN RIVER COUNTY; STATING A NEED, FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County, Florida Board of County Commissioners is contemplating the imposition of special assessments to fund services, facilities, and programs for street lighting maintenance and improvements, roadway maintenance and improvements, stormwater maintenance and improvements, water and sewer maintenance and improvements; and other public services and facilities allowed by law; and WHEREAS, the County intends to use the uniform method for collecting non -ad valorem special assessments for the cost of providing the above enumerated services, facilities, and programs to property within the unincorporated and all participating incorporated areas of the County as authorized by section 197,3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing for the Fiscal Year beginning on October 1, 2025, in the same manner as provided for ad valorem taxes; and WHEREAS, the County held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. Commencing with the Fiscal Year beginning on October 1, 2025, and with the tax statement mailed for such Fiscal Year and continuing until discontinued by the County, the County intends to use the uniform method of collecting non -ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, to fund services, facilities, and programs for street lighting maintenance and improvements, roadway maintenance and improvements, stormwater maintenance and improvements, water and sewer maintenance and improvements; and other public services and facilities allowed by law. Such non -ad valorem assessments shall be levied within the unincorporated and all participating incorporated areas of the County. A legal description of such area subject to the assessments is attached hereto as Exhibit B and incorporated by reference. 2. The County hereby determines that the levy of the special assessments is needed to fund the cost of providing services, facilities, and programs for street lighting maintenance and improvements, roadway maintenance and improvements, stormwater maintenance and 135 3. Upon adoption, County staff is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Indian River County Tax Collector, and the Indian River County Property Appraiser by January 10, 2025. 4. This Resolution shall be effective upon adoption. 5. The foregoing resolution was moved for adoption by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 17d' day of December, 2024. ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Jennifer W. Shuler, County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman (SEAL) 136 RESOLUTION N614. _EXAIB - .... Florida ,PLICATION Christina Moore Indian River County Attorneys Office 1801 27Th ST Vero Beach FL 32960-3388 STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Indian River Press Journal/St Lucie News Tribune/Stuart News, newspapers published In Indian River/St Lucie/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad In the matter of Public Notices, was published on the publicly accessible websites of Indian River/St Lucie/Martin Counties, Florida, or in a newspaper by print in the issues of, on: 11/15/2024,11/22/2024,11/29/2024,12/06/2024 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who Publication Cost: $591.90 Tax Amount: $0.00 Payment Cost: $591.90 Order No: 10771435 IifAICopies: PO Box 631244 Cincinnati, OH 45263-1244 NOTICE OF INTENT TO USE UNIFORM METHOD OF - COLLECTING NON -AD VALOREM ASSESS- MENTS Indian Rlyer County, Florida (the "County") hereby provides notice, pursuant to secllon 197.3632(3)(b), Florida Statutes, of Its Intent to use :y Ins uniform method of coilectno non -ad valorem special assessments throughout the unincorporated and alllmoraorated areas of the County, I tar services, lacllltles, and i Programs for street lighting mainte- nonce gntl I'Provement9, raadyvgY .. 8 maintenance and Improvements. storm—for mointen— and - improvements, water and sewer '�1 - maintenance and Improvements, solid waste disposal maintenance .. ' and improvamentsi and other public services and fact[ties allowed by - law, commencing for the Fiscal Year beginning an October 1. 2015, and continuing until discontinued by the County. ' The County will consider the Cabo - tion ofa resolution electing to use the uniform method of collecting Wch assessments authorized by section 197.3632, Florida Statutes, at a public hearing to be held at 9;00 Cm. On December 17, 2024, in the Indian River County Board of - - County Commission Chombem, 1861 47th Street, Vero Beach, Florida. All Inlerested persons are Invited to attend, Such resolution will state the - need for the levy and will contain o ,tool description of the boundaries of the real property subject to the le W: Coal" of the propased form of resolution, which contains the legal ` description of the real property subject to the levy, are on file at the Office of the Clerk to the Board of County Commissioners. located at Building A of the Indian River County Adminlsirallve Complex, - 180127th Street, Vero Beach, Florida. This .pike of int9nl to use the uniform method of collection in no way obligates the County to Imola- mens any Drogram of nalt-ad valorem special Cssessments. 11 , simply preserves this collecllon method, In the event any person decides to - apoeol any decislon by the County with respect to any matter relating to the considerallon of the resolution at the above-relerenced public hear. Ino, a record of the wacooding may be needed and In such an event, such personmor need 10 ensure that o verbatim record M the Public hearing is math, which record - - - includes the testimony and evidence on which the appeal Is to be based. In accordance with the Americans with Disabilities Ac 1, persons nee Ing D Special "-"ad"'. or an interpreter to participate in this proceeding should contact the County's ADA Caordinotar at (772) 226.1223, at least 48 prio hours r to the date of the begrime. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SUSAN ADAMS, CHAIRMAN Pub: Nov 15,22,29, Dec 6, 2024 TCNIO7714M - LEGAL DESCRIPTION All properties lying within Indian County as more particularly described in Section 7.31, Florida Statutes: Beginning at the northwest corner of township thirty-one south, of range thirty- five east; thence east on the line dividing the townships thirty and thirty-one south, to the point where said line intersects the thread of the south fork of the St. Sebastian River; thence northerly down the thread of said stream to the main stream of the St. Sebastian River; thence down the thread of the St. Sebastian River to its confluence with the Indian River; thence east to the intersection with the southwesterly extension of the centerline of the approach channel to the Sebastian Inlet from the Indian River; thence northeasterly along said centerline and continue northeasterly and easterly along the centerline of the Sebastian Inlet to the Atlantic Ocean; thence southward along the Atlantic coast, including the waters of the Atlantic Ocean v"n the jurisdiction of the State of Florida to the intersection of said Atlantic coast and a line lying 45.22 feet south of, as measured at right angles to, the township line dividing townships thirty-three and thirty-four south; thence west, parallel with, and 452 feet south of said township line, to the west right-of-way line of State Road Alts;; thence northwesterly along said right-of-way line to the intersection of said right-of-way line and the north line of Lot 25, plat of Kansas City Colony, as recorded in Plat Book 4, page 23, of the public records of St. Lucie County, Florida. Said north line of Lot 25 lying 150 feet north of, and parallel with, as measured at right angles to, the township line dividing townships thirty-three and thirty-four south; thence west along the north line of said Lot 25 to the easterly mean high water line of Round Island Creek; thence meandering southeasterly along said mean high water line to its intersection with the township line dividing townships thirty-three and thirty-four south; thence west on said township line to range line dividing ranges thirty-five and thirty-six east; thence north between ranges thirty-five and thirty- six east to the northeast Corner of section one, township thirty-three south, range the -five east; thence west on township line dividing townships thirty-two and thirty-three south, range thirty- five east to the range line dividing ranges thirty-four and thirty-five east; thence north on said range line to the northwest corner of township thirty-one south, range thirty-five east, being the place of beginning. 138 RESOLUTION NQ� A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, SITTING AS THE SOLID WASTE DISPOSAL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING A NON -AD VALOREM SPECIAL COLLECTION ASSESSMENT TO BE LEVIED WITHIN THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, the Indian River County Board of County Commissioners has all powers of local self-government to perform county functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances; and WHEREAS, the Board has created the Indian River County Solid Waste Disposal District (SWDD or District), a dependent special district of Indian River County; and WHEREAS, the regulation of the collection and disposal of solid waste within the county by the Board and SWDD serves a public purpose, and promotes and protects the health, safety, and welfare of the citizens of Indian River County; and WHEREAS, the SWDD is contemplating the imposition of a special collection assessment to residential properties within the unincorporated areas of Indian River County, as authorized by F.S. 197.3632, as this method will allow such special assessments to be collected annually, commencing for the Fiscal Year beginning October 1, 2025, and continuing until discontinued by the District; WHEREAS, the District duly advertised a public hearing of this Resolution, in a newspaper of general circulation with Indian River County, Florida, for four (4) consecutive weeks preceding the public hearing; and WHEREAS, proof of publication of such hearing being is attached hereto as Exhibit A; and WHEREAS, a legal description of the boundaries of real property subject to the levy is attached hereto as Exhibit B; and WHEREAS, upon adoption of this Resolution, the District shall dispatch a copy via United States mail to the Indian River County Property Appraiser, Indian River County Tax Collector, and the State of Florida Department of Revenue; and WHEREAS, upon passage of this Resolution, the County Administrator is authorized to take the necessary administrative measures required to ensure that the solid waste collection assessments are properly assessed and collected; and WHEREAS, adoption of this Resolution, the levy collection and enforcement of costs of 139 RESOLUTION NO. 2024w non -ad valorem assessments he the cost of solid waste collection services to real residential property within the unincorporated Indian River County is determined to be in the public interest and provides for the general health safety and welfare of the citizens within unincorporated Indian River County; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ACTING I1q ITS CAPACITY AS THE GOVERNING BOARD OF THE SOLID WASTE DISPOSAL DISTRICT, THAT; SECTION 1.. RECITALS. The above Whereas Clauses are true, correct, and are hereby adopted and incorporated herein as the legislative findings of the Board of County Commissioners. SECTION 2. INTENT. The District does hereby state and express its clear intent to utilize the uniform method for the levy, collection and enforcement of non -ad valorem collection assessments pursuant to Florida Statute 197.3632 for the levy, collection and enforcement of costs for solid waste collection services for all real residential property located within unincorporated Indian River County, as described in Exhibit B attached hereto i.a• order to provide for the health, safety and welfare of the citizens of unincorporated Indian RiVot County. SECTION 3. NEED FOR LEVY. The District does hereby state and express the need for levy in order to provide for the collection and enforcement of non -ad valorem assessments pursuant to Florida Statute 197.3632 collection and enforcement of costs for solid waste collection services for all real residential property located within unincorporated Indian River County, as described in Exhibit B attached hereto in order to provide for the health, safety and welfare of the citizens of Unincorporated Indian River County. SECTION 4. ADMINISTRATIVE ACTIONSIMEASURES. C Upon adoption, the County staff is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Indian River County Tax Collector, and the Indian River County Property Appraiser by January 10, 2025. The County Administrator is further authorized to take all other necessary administrative measures required to ensure that the solid waste collection assessments are properly assessed and collected. SECTION 5. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION ^. EFFECTIVE DATE. This Resolution shall take effect upon adoption. 140 Chairman Joseph E. Flescher Vice -Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Eaiman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 17th day of December 2024. SOLID WASTE DISPOSAL DISTRICT BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Bv: Joseph E. Flescher, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller (SEAL) Deputy Clerk Approved as to form and legal sufficiency: By: Jennifer W. Shuler, County Attorney 141 9 40 Afflpaa WL CATION Christina Moore Indian River County Attorneys Office 1801 27Th ST Vero Beach FL 32960-3388 STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she sthe Legal Advertising Representative of the Indian River Press Journal/St Lucie News Tribune/Stuart News, newspapers published In Indian River/St Lucie/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Public Notices, was published an the publicly accessible websites of Indian River/St Lucie/Martin Counties, Florida, or in a newspaper by print in the issues of, on: 11/15/2024,11/22/2024,11/29/2024,12/06/2024 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who Publication Cost: $591.90 Tax Amount: $0.00 Payment Cost: $591.90 PO Box 631244 Cincinna* OH 45263-1244 NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESS- MENTS Indian River County, Florida (tow "County") hereby provides notices pursuant to section 197.3632(3)(0), Florida Statutes. of it. Intent to use the uniform method of collecting non-od valorem speclol assessments throughout the unincorporated and oil Incorporated areas of the County, for services, Facilitks, and Programs for street lighting molntr nonce and Imorovements, roodwav maintenance and Improvements. slormwoter maintenance and Improvements, water and sewer maintenance and Imorovements, solid waste disposal maintenance and Improvements; and other public services and facilities allowed by low, commencing for the Fiscal Year beginning off October i, 125, antl corlln Lng until discontinued by the County. The County will consider the adaP- tan at a resoiutfon electing to use the uniform method of collecting Such assessments authorized by section 197.3631, Florida Stotufes, of a Melt. hearing to be hold at 9:00 a.m. on December 17, 2024, in the Indian River Countv Board of County Commission Chambers, 1801 1711' Street, Vero Beach, Fturldm All inleresied persons are Invited to attend. Such resolution will state the need for the levy and will contain o legal description of ]be boundaries f the real property Subject to the levy: Copies of the proposed form of resolution, which contains the legal description of the real property subject to the levy, are on file at the Office of the Clerk to the Board of 1001 27th Slreet, Vero Beach, Florida. This notice of intent to use the uniform method of col lectlon in no way obligates the County to ImPla- ment any program of non -ad valorem special assessments. It simply preserves this collection nWhPd. In the event any person decides to appeal any decision by the County with respect io any matter relating to the consideration of the resolution at the above -referenced public hear - Ing, a record of the proceeding may be needed and In such an event, such person may need fo ensure that a verbatim record of the Public hearing is mode, which record Includes the testimony and evidence on which the appeal IS to be based. in accordance with the Americans with Disabilities Act, Persons need - Ina a special oc""Orrodatlon or an Interpreter to oorticloatg in this Proceeding should contact the County's ADA Coordinator at (772) 226-1213, at least 46 hours pr)or to the NDAIN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SUSAN ADAMS, CHAIRMAN Pub: Nov )5,22,29, Dec 6, 224 Order No. 10771435 # of Copies: Customer No: 1125303 1 i°O h fS `f AN INVOICE! M71~9NOR�#iM this form for paymeltl ren:itla)ce. � � - � � - - - 1 .. .. ... Wt $try. RUQ st t* of WIS00=3Page 1 of 1 EXHIBIT "B" TO SOLID WASTE DISPOSAL DISTRICT RESOLUTION NO. 2024 - MAP AND LEGAL DESCRIPTION OF THE BOUNDARIES OF UNICORPORATED INDIAN RIVER COUNTY LEGAL DESCRIPTION OF UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA Being all of those lands as described and recorded in Chapter 7, Section 31 (7.31), Florida Statutes and being more particularly described as follows: Beginning at the northwest comer of township thirty-one south, of range thirty-five east; thence east on the line dividing the townships thirty and thirty-one south, to the point where said line intersects the thread of the south fork of the St. Sebastian River; thence northerly down the thread of said stream to the main stream of the St. Sebastian River; thence down the thread of the St. Sebastian River to its confluence with the Indian River; thence east to the intersection with the southwesterly extension of the centerline of the approach channel to the Sebastian Inlet from the Indian River; thence northeasterly along said centerline and continue northeasterly and easterly along the centerline of the Sebastian Inlet to the Atlantic Ocean; thence southward along the Atlantic coast, including the waters of the Atlantic Ocean within the jurisdiction of the State of Florida to the intersection of said Atlantic coast and a line lying 45.22 feet south of, as measured at right angles to, the township line dividing townships thirty-three and thirty-four south; thence west, parallel with, and 45.22 feet south of said township line, to the west right-of-way line of State Road AIA; thence northwesterly along said right-of-way line to the intersection of said right-of-way line and the north line of Lot 25, plat of Kansas City Colony, as recorded in Plat Book 4, page 23, of the public records of St. Lucie County, Florida. Said north line of Lot 25 lying 150 feet north of, and parallel with, as measured at right angles to, the township line dividing townships thirty-three and thirty-four south; thence west along the north line of said Lot 25 to the easterly mean high water line of Round Island Creek; thence meandering southeasterly along said mean high water line to its intersection with the township line dividing townships thirty-three and thirty-four south; thence west on said township line to range line dividing ranges thirty-five and thirty-six east; thence north between ranges thirty-five and thirty-six east to the northeast corner of section one, township thirty-three south, range thirty-five east; thence west on township line dividing townships thirty-two and thirty-three south, range thirty-five east to the range line dividing ranges thirty-four and thirty-five east; thence north on said range line to the northwest comer of township thirty- one south, range thirty-five east, being the place of beginning. Less and excepting therefrom the following: All lands lying within the bounds of the City of Vero Beach, Florida: AND All lands lying within the bounds of the City of Fellsmere, Florida: AND All lands lying within the bounds of the City of Sebastian, Florida: AND All lands lying within the bounds of the Town of Orchid, Florida: AND Ail lands lying within the bounds of the Town of Indian River Shores, Florida. PJL43 Jennifer W. Shuler County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney 11A3 Public Hearing - B.C.C. 12/17/2024 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: December 4, 2024 SUBJECT: Orlando Health Hospital Revenue Bonds Hearing BACKGROUND. ATTORNEY Orlando Health Facilities Authority ("Orlando Health"), which is a not-for-profit corporation, has purchased the Sebastian River Hospital. Orlando Health has requested the County schedule a public hearing and approve a resolution on its plan to issue Hospital Revenue Bonds. Indian River County is not liable for or obliged to repay the bonds. However, for Orlando Health to be authorized to issue the bonds, the Internal Revenue Code ("Code") requires it to post notice of its intent, have a public hearing, and obtain the approval for the issuance of the bonds by the Board of County Commissioners, as the "applicable elected representative" of Indian River County in accordance with Section 147(f) of the Code. Orlando Health proposes to issue the Hospital Revenue Bonds, in an amount not to exceed $200,000,000, to refinance the purchase of acquiring Sebastian River Hospital and to pay for improvements and equipment for its hospital facilities. Sebastian River Hospital is a 145 -bed acute care hospital, with related medical facilities, located at 13695 U.S. Highway 1 in Sebastian, Florida. FUNDING. There is no funding associated with this action. RECOMMENDATION. The County Attorney recommends that the Board conduct a public hearing, take comments from interested persons, and consider approving the resolution for Orlando Health's issuance of Hospital Revenue Bonds in an amount not to exceed $200,000,000. ATTACHMENT(S). Resolution. 144 RESOLUTION NO. 24- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE ISSUANCE BY THE ORANGE COUNTY HEALTH FACILITIES AUTHORITY OF ITS HOSPITAL REVENUE BONDS (ORLANDO HEALTH OBLIGATED GROUP) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $200,000,000, WITH RESPECT TO THE FACILITIES IN INDIAN RIVER COUNTY, FLORIDA, IN ONE OR MORE SERIES OVER THE LONGEST PERIOD PERMITTED BY LAW, FOR THE BENEFIT OF ORLANDO HEALTH, INC., A FLORIDA NOT- FOR-PROFIT CORPORATION. WHEREAS, the Orange County Health Facilities Authority (the "Orange County Authority") has been created pursuant to the Health Facilities Authorities Law, Part III of Chapter 154 of the Florida Statutes, as amended (the "Act"); and WHEREAS, Orlando Health, Inc., a Florida not-for-profit corporation ("Orlando Health") has requested the Orange County Authority to issue its Hospital Revenue Bonds (Orlando Health Obligated Group) under a plan of finance in an aggregate principal amount not to exceed $200,000,000, with respect to facilities in Indian River County, Florida, in one or more series over the longest period permitted by law; and WHEREAS, the proceeds of the bonds issued under such plan (the "Bonds") will be loaned to Orlando Health, Inc., Inc., a Florida not-for-profit corporation ("Orlando Health"), and used to (a) currently refund all or a portion of the outstanding Orange County Health Facilities Authority Taxable Hospital Revenue Bonds (Orlando Health Obligated Group), Series 2024B, issued in the original principal amount of $439,000,000, the proceeds of which were used to finance, refinance, or reimburse the costs of acquiring certain hospital and health care facilities at the locations listed below, (b) provide one or more debt service reserve funds for the benefit of all or a portion of the Bonds, if deemed necessary or desirable, (c) pay a portion of the interest to accrue on the Bonds, if deemed necessary or desirable, (d) pay certain working capital expenditures, if deemed necessary or desirable, and (e) pay certain costs of issuance of the Bonds, including the costs of any credit or liquidity enhancement thereof, if deemed necessary or desirable; and WHEREAS, the Bonds will be qualified 501(c)(3) bonds (as defined in Section 145 of the Internal Revenue Code of 1986, as amended), and the proceeds of the Bonds will be used to refinance the costs of acquiring, the hospital and healthcare facilities, including related land improvement costs, working capital expenditures and equipment (including, but not limited to, medical equipment, computer equipment, office equipment and general building equipment and fixtures) used at the hospital and healthcare facilities listed below. The initial principal user and owner and the maximum aggregate principal amount of Bonds to be issued under the plan of finance described above for such facility is listed below. Orlando Health Sebastian River Hospital, a 145 -bed acute care hospital and related medical clinics, offices, parking and ancillary facilities located 145 RESOLUTION NO. 24 - on the Orlando Health Sebastian River Hospital Campus having a main address of 13695 U.S. Highway 1 Sebastian, Florida. The Orlando Health Sebastian River Hospital Campus is bordered generally by 143rd Street on the north, U.S. Highway 1 on the east, 83rd Street/Bay Street on the south and the Sebastian River on the west, and includes the following additional addresses in Sebastian, Florida: 7915, 7925, 7955, 7965 and 8005 83rd Avenue/Bay Street. The initial owner of the facilities described above is OHSRH, LLC, and initial principal user of such facilities is Orlando Health -----$200,000,000. WHEREAS, Section 147(f) of the Code requires the approval of the issuance of the Bonds by the Board of County Commissioners, as the "applicable elected representative" under Section 147(f) of the Code, after a public hearing following reasonable public notice; and WHEREAS, attached hereto as Exhibit A is a copy of the Notice of Public Hearing, which was posted on the primary website of Indian River County, Florida on December 4, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. The issuance by the Orange County Authority of the foregoing Bonds under the plan of finance described above, in an aggregate principal amount not to exceed $200,000,000 with respect to the facilities in Indian River County, Florida described above, in one or more series over the longest period permitted by law for the purposes set forth above, is hereby approved. Section 2. The Bonds shall not constitute a debt, liability or obligation of Indian River County, Florida or of the State of Florida or of any political subdivision thereof or a pledge of the faith and credit or any taxing power of Indian River County, Florida or of the State of Florida or of any political subdivision thereof, but shall be limited obligations of the Orange County Authority payable solely from and secured by a pledge of payments made by Orlando Health. Section 3. The approval given herein shall be solely for the purpose of satisfying the requirements of Section 147(f) of the Code and shall not be construed as an approval of any zoning application or any regulatory permit required in connection with the issuance of the Bonds or creating any vested rights with respect to any land use regulations, and the Board of County Commissioners shall not be construed by virtue of its adoption of this Resolution to have waived, or be estopped from asserting, any rights or responsibilities it may have in that regard. Section 4. This Resolution shall take effect immediately upon its adoption. Adopted this 17th day of December 2024. 146 RESOLUTION NO. 24 - This resolution was moved for adoption by Commissioner , seconded by Commissioner and adopted. The vote on this ordinance was as follows: Chairman Joseph E. Flescher Vice Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 17th day of December, 2024 with an effective date of December 17, 2024. ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller M M Deputy Clerk John A. Titkanich. Jr. County Administrator Approved as to form and legal sufficiency: M Jennifer W. Shuler County Attorney BOARD OF COUNTY OMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman 147 EDIT A NOTICE OF PUBLIC HEARING NOTICE is HEREBY GIVEN that a public hearing will be held by the Board of County Commissioners of Indian River County, Florida (the "Board") on Tuesday, December 17, 2024 at 9:00 a.m. 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, regarding a plan by the Orange County Health Facilities Authority to issue its Hospital Revenue Bonds (Orlando Health Obligated Group) in an aggregate principal amount not to exceed $200,000,000 with respect to the facilities in Indian River County, Florida described in this notice, in one or more series over the longest period permitted by law. The proceeds of the bonds issued under such plan (the "Bonds") will be loaned to Orlando Health, Inc., Inc., a Florida not-for-profit corporation ("Orlando Health"), and used to (a) currently refund all or a portion of the outstanding Orange County Health Facilities Authority Taxable Hospital Revenue Bonds (Orlando Health Obligated Group), Series 2024B, issued in the original principal amount of $439,000,000, the proceeds of which were used to finance, refinance, or reimburse the costs of acquiring certain hospital and health care facilities at the locations listed below, (b) provide one or more debt service reserve funds for the benefit of all or a portion of the Bonds, if deemed necessary or desirable, (c) pay a portion of the interest to accrue on the Bonds, if deemed necessary or desirable, (d) pay certain working capital expenditures, if deemed necessary or desirable, and (e) pay certain costs of issuance of the Bonds, including the costs of any credit or liquidity enhancement thereof, if deemed necessary or desirable. The Bonds will be qualified 501(c)(3) bonds (as defined in Section 145 of the Internal Revenue Code of 1986, as amended), and the proceeds of the Bonds will be used to refinance the costs of acquiring the hospital and healthcare facilities listed below, including related land improvement costs, working capital expenditures and equipment (including, but not limited to, medical equipment, computer equipment, office equipment and general building equipment and fixtures) used at the hospital and healthcare facilities listed below. The initial principal user and owner and the maximum aggregate principal amount of Bonds to be issued under the plan of finance described above for such facility is listed below. Orlando Health Sebastian River Hospital, a 145 -bed acute care hospital and related medical clinics, offices, parking and ancillary facilities located on the Orlando Health Sebastian River Hospital Campus having a main address of 13695 U.S. Highway 1 Sebastian, Florida. The Orlando Health Sebastian River Hospital Campus is bordered generally by 143rd Street on the north, U.S. Highway 1 on the east, 83' Street/Bay Street on the south and the Sebastian River on the west, and includes the following additional addresses in Sebastian, Florida: 7915, 7925, 7955, 7965 and 8005 83rd Avenue/Bay Street. The initial owner of the facilities described above is OHSRH, LLC, and initial principal user of such facilities is Orlando Health -----$200,000,000. The public hearing is required by Section 147(f) of the Internal Revenue Code of 1986, as amended. Interested individuals are invited to express their views, both orally and in writing, on 148 the proposed issuance of the Bonds. Comments at the public hearing are invited. Written comments may be submitted to the Board in care of the Indian River County Attorney, 1801 27th Street, Vero Beach, Florida 32960, until the conclusion of the public hearing. Additional information can be obtained from the Indian River County Attorney's Office at the address listed immediately above. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing special accommodations or an interpreter to participate in the proceedings, please contact the County's Americans With Disabilities Act (ADA) Coordinator at 567-8000, Ext. 1223 (TDD # 772-770-5215). Pursuant to Section 286.0105, Florida Statutes, the Board hereby advises that if any person decides to appeal any decision made by the Board with respect to any matter considered at such hearing, such person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and the evidence upon which the appeal is to be based. Posted: December 4, 2024 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA JOSEPH E. FLESCHER, CHAIRMAN -2- 149 ( k� 12/4/24, 1:26 PM Public Hearing - Hospital Revenue Bonds Public Hearing - Hospital Revenue Bonds Notice of Public Hearing Notice is Hereby Given that a public hearing will be held by the Board of County Commissioners of Indian River County, Florida (the "Board") on Tuesday, December 17, 2024 at 9:00 a.m. 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, regarding a plan by the Orange County Health Facilities Authority to issue its Hospital Revenue Bonds (Orlando Health Obligated Group) in an aggregate principal amount not to exceed $200,000,000 with respect to the facilities in Indian River County, Florida described in this notice, in one or more series over the longest period permitted by law. The proceeds of the bonds issued under such plan (the "Bonds") will be loaned to Orlando Health, Inc., Inc., a Florida not-for-profit corporation ("Orlando Health"), and used to (a) currently refund all or a portion of the outstanding Orange County Health Facilities Authority Taxable Hospital Revenue Bonds (Orlando Health Obligated Group), Series 2024B, issued in the original principal amount of $439,000,000, the proceeds of which were used to finance, refinance, or reimburse the costs of acquiring certain hospital and health care facilities at the locations listed below, (b) provide one or more debt service reserve funds for the benefit of all or a portion of the Bonds, if deemed necessary or desirable, (c) pay a portion of the interest to accrue on the Bonds, if deemed necessary or desirable, (d) pay certain working capital expenditures, if deemed necessary or desirable, and (e) pay certain costs of issuance of the Bonds, including the costs of any credit or liquidity enhancement thereof, if deemed necessary or desirable. The Bonds will be qualified 501(c)(3) bonds (as defined in Section 145 of the Internal Revenue Code of 1986, as amended), and the proceeds of the Bonds will be used to refinance the costs of acquiring the hospital and healthcare facilities listed below, including related land improvement costs, working capital expenditures and equipment (including, but not limited to, medical equipment, computer equipment, office equipment and general building equipment and fixtures) used at the hospital and healthcare facilities listed below. The initial principal user and owner and the maximum aggregate principal amount of Bonds to be issued under the plan of finance described above for such facility is listed below. Orlando Health Sebastian River Hospital, a 145 -bed acute care hospital and related medical clinics, offices, parking al. - ancillary facilities located on the Orlando Health Sebastian River Hospital Campus having a main address of 13695 U.S. Highway 1 Sebastian, Florida. The Orlando Health Sebastian River Hospital Campus is bordered generally by 143rd Street on the north, U.S. Highway 1 on the east, 83rd Street/Bay Street on the south and the Sebastian River on the west, and includes the following additional addresses in Sebastian, Florida: 7915, 7925, 7955, 7965 and 8005 83rd Avenue/Bay Street. The initial owner of the facilities described above is OHSRH, LLC, and initial principal user of such facilities is Orlando Health ---- -$200,000,000. The public hearing is required by Section 147(f) of the Internal Revenue Code of 1986, as amended. Interested individuals are invited to express their views, both orally and in writing, on the proposed issuance of the Bonds. Comments at the public hearing are invited. Written comments may be submitted to the Board in care of the Indian River County Attorney, 180127th Street, Vero Beach, Florida 32960, until the conclusion of the public hearing. Additional information can be obtained from the Indian River County Attorney's Office at the address listed immediately above. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing special accommodations or an interpreter to participate in the proceedings, please contact the County's Americans With Disabilities Act (ADA) Coordinator at 567-8000, Ext. 1223 (TDD # 772-770-5215). Pursuant to Section 286.0105, Florida Statutes, the Board hereby advises that if any person decides to appeal any decision made by the Board with respect to any matter considered at such hearing, such person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and the evidence upon which the appeal is to be based. Posted: December 4, 2024 Board of County Commissioners, Indian River County, Florida JOSEPH E. FLESCHER, CHAIRMAN T I o , Randi Wardlow From: Nadia Westerik <nwesterik@indianriver.gov> Sent: Friday, January 10, 2025 3:53 PM To: Randi Wardlow Subject: RE: [External] affidavit of Publication request 12_17_24 Attachments: Public Hearing - Hospital Revenue Bonds.pdf Hi Randi: If I recall correctly, this was considered a TEFRA hearing and the hospital was responsible for advertisement, which they were advised of by our County Attorney. They chose to publish through our website. See attached. Nadia Westerik Phone: (772) 226-1580 Email: nwesterik(a,indianriver.gov From: Randi Wardlow <RWardlow@clerk.indian-river.org> Sent: Friday, January 10, 2025 1:39 PM To: Nadia Westerik <nwesterik@indianrive r.gov> Subject: affidavit of Publication request 12_17_24 CAUTION: This message is,from an externatsource. Please use caution web Good afternoon Please excuse me if you have sent this previously — I cannot find it. Looking for the Affidavit for Meeting 12/17/24, Item 11.A.3., File # 24-1005, Orlando Health Hospital Revenue Bond Hearing. Thank you, WL Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Indian River County is launching a Plan Review and Permitting Customer Satisfaction Survey, to assess our service delivery. Your feedback will help the County refine/elevate customer satisfaction service delivery. Customers have the choice to share their experiences with the County's plan review and permitting process anonymously. Survey results will provide insight into the experiences customers have with the various divisions involved in the review and permitting process. Take the Permitting Customer Satisfaction Suivey --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- INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., ICMA-CM, County Administrator FROM: Brandon C. Creagan, LEED Green Associate; Chief, Current Development DATE: December 4, 2024 SUBJECT: Randolph Construction Group, Inc.'s Request for Conceptual Planned Development (PD) Plan and PD Rezoning Approval for a Residential Development to be Known as Hunters Grove PD [PD -23-07-03 / 2004050087 - 94636] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 2024. DESCRIPTION & CONDITIONS: This is a request by Randolph Construction Group, Inc., through their agent MBV Engineering, Inc., to rezone approximately 17.80 acres from RS -6, Residential Single -Family (up to 6 units/acre) to PD, Planned Development. As part of the rezoning request, a conceptual PD plan has been submitted for review and approval (see attachment 3). The project site currently has one vacant single-family home and is located at the northeast comer of 41St Street and 43rd Avenue (see Attachment 1). The purpose of this request is to secure a development approval which allows construction of a maximum of 161 multi- family units, at an overall project density of 9.04 units/acre. Planning and Zoning Commission (PZC) Recommendation: At its regular meeting of November 14, 2024, the PZC voted 6-0 to recommend that the Board of County Commissioners (BCC) approve the project with all staff recommended conditions and one additional condition that the applicant provides a fence around the interior stormwater pond (see conditions If. and 2e.). The applicant was agreeable to the additional condition of approval. Also, the PZC approved the concurrent preliminary PD plan/plat subject to BCC approval of the PD rezoning and the accompanying conceptual PD plan. 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: C:\Granicus\Legistar5\L5\Temp\36760192-Oc8f-4002-ac38-12e341adce2c.docx 150 1 Rezone the property to a conventional multi -family zoning district, such as RM -10, and then seek major site plan approval for the proposed development; 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 of M-2, Medium -Density Residential - 2, which allows a maximum density of up to 10 units/acre. It was determined by staff that a conventional rezoning to RM -10 would not be compatible with the surrounding zoning as there is a single-family subdivision to the east and Dodgertown Elementary to the north. There was also no RM -10 zoned property that directly abutted this site, which is a requirement of our Land Development Regulations (LDRs) and Comprehensive Plan when considering rezoning matters. While the density of the proposed PD may be similar to the RM -10 zoning district, the difference is that through the PD process, a project is held to stricter standards, and staff has the ability to shape the project to minimize the impact it can have on the surrounding area through things like site design and the requirement for public benefits. If the subject application is approved, the site will be rezoned to PD and will be governed by the approved Hunters Grove conceptual PD plan, which will be included as an exhibit in the project's rezoning ordinance. 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, Sebastian Landing, and The Griffon North. 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, setbacks, and perimeter buffers. 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/building 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 and preliminary PD plan proposes the development of a maximum of 161 multi -family units (2 -story townhomes) at a density of 9.04 units/acre. It should be noted that the project's underlying M-2 land use allows a maximum density of 10 units/acre. However, the proposed PD project will fall slightly under this threshold. In Planning staff's opinion, the PD rezoning option is an appropriate mechanism for approving this type of residential project within the M-2, Medium -Density Residential -2 (10 units/acre) 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. C:\Granicus\Legistar5\L5\Temp\36760192-Oc8f-4002-ac38-12e341adce2c.docx 151 2 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 and Step 2 at this time. Since the applicant is seeking approval of the rezoning to PD and the conceptual and preliminary PD plan concurrently, any changes proposed to an approved PD 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 an M-2, Medium -Density Residential -2 (10 units/acre) 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 designation. Once a specific PD rezoning is approved for a site, the applicable conceptual PD plan adopted as part of the rezoning will control the types of specific uses and the densities allowed on the subject site. The conceptual PD 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). Besides allowable uses (multi -family vs. single-family), the applicant is only requesting one (1) PD waiver for stormwater maintenance within the stormwater tract and is otherwise proposing to utilize the standard RM -10 dimensional requirements with an increase to the side setback from the standard 10' to 25'. It should be noted that the applicant has coordinated with County staff and is proposing significantly increased setbacks from the adjacent single-family subdivision along the east project perimeter. Additional details about the increased setbacks and project design is provided in the PD rezoning analysis section of this report. PD REZONING ANALYSIS: Existing Zoning and Land Use Pattern: The overall project site is approximately 17.80 acres. The project site currently has a vacant single- family home on the east central portion of the property, the rest of the property is heavily wooded. C:\Granicus\Legistar5\LS\Temp\36760192-Oc8f-4002-ac38-12e341adce2c.docx 152 3 •. North of the project site is Dodgertown Elementary, and that parcel is zoned RS -6. East of the project site is the single-family subdivision known as Grace Grove, and those properties are zoned RS -6. • South of the project site is 41St Street and then the Indian River County Sheriffs complex that includes the main administration building and the county jail, which is zoned CG, General Commercial. There are also properties that are a mix of mobile home and single-family home that would be considered legal non -conforming uses that are zoned CH, Heavy Commercial. • West of the project site is 43rd Avenue and the county -operated facilities that contain utility services and the Emergency Operations Center (EOC), and these properties are zoned IG, General Industrial. 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. 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 provide an additional connection to the existing County street system via a emergency access connection to 43rd Avenue. The project will be served by County water and sewer and will provide an appropriate mix of multi -family unit types. Therefore, the proposed PD district and accompanying conceptual PD plan are consistent with Policy 2.2. Future Land Use Policy 4.5: Where proposed development projects abut undeveloped or developed property, the county shall require that such development be designed and constructed or guaranteed to accommodate both vehicular and bicycle/ pedestrian interconnections. Interconnections may include shared roadways or driveways that provide local traffic circulation. Exemptions shall be granted where interconnections would create a "funneling effect" through an existing neighborhood or have no potential for providing interconnectivity or through -street benefits (e.g. segments that dead-end into water bodies, built facilities, or environmentally sensitive areas). Therefore, the proposed PD district and accompanying conceptual PD plan are consistent with Policy 4.5. Note: As this property is at the corner of two major roadways, and since there is a fully developed single- family subdivision to the east and a school to the north, there are no opportunities to provide interconnectivity within the development to adjacent properties. The project does provide a full -access driveway connecting to 41st Street to accommodate vehicular traffic and bicycle access, as well as a C:\Granicus\Legistar5\L5\Temp\36760192-Oc8f-4002-ac38-12e341adce2c.docx 153 4 connection to the existing sidewalk network for pedestrian access. 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 and preliminary PD plan are consistent with these policies because the Hunters Grove PD plan proposes significant common open space, housing choices in the county, and incorporates recreational facilities. Therefore, the proposed PD district and accompanying conceptual PD plan are consistent with Policies 5.3 and 5.5. 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. 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 property along the north boundary of the subject property consists of Dodgertown Elementary, and the property along the eastern boundary consists of the Grace Grove single-family subdivision; all parcels are zoned RS -6. The adjacent properties have an underlying M-2 land use designation. Based on the adjacent property's land use designation, a compatibility landscape buffer is not required. However, to ensure compatibility with the surrounding properties, county staff has coordinated with the applicant to provide a 15' Type "C" buffer. The proposed conceptual and preliminary PD landscape plan show the proposed buffers accordingly (see Attachments 4). The majority of the properties adjacent to the south and west portions of the project site are various Indian River County public facilities (Sheriff complex, EOC, utility services). The adjacent properties have an underlying PUB, Public Facilities land use designation. Based on the adjacent property's land use designation, a compatibility landscape buffer is not required. However, because these areas are also adjacent to 41St Street and 43rd Avenue, respectively, a 20' Throughfare Plan Road landscape buffer is required. In addition to this, approximately 300' of the southwestern portion of the property is adjacent to property with a C/I, land use, and is required to have a 30' Type `B" landscape buffer in lieu of the 20' Throughfare Plan Road landscape buffer. The proposed conceptual and preliminary PD landscape plan show the proposed buffers accordingly (see Attachments 4). General Area: The project site is located between an established single-family subdivision, a school, Indian River C:\Granicus\Legistar5\L5\Temp\36760192-Oc8f-4002-ac38-12e341adce2c.docx 154 5 County facilities, and legal non -conforming mobile and single-family homes. The proposed Hunters Grove PD development proposes conventional multi -family townhome buildings with significantly increased setbacks and buffering from the established single-family subdivisions, and compatible separation from the other uses and roadways that surround the property. 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 this 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. 6. 7. 8. Project Area: 17.80 acres Zoning Classification: Current: RS -6, Residential Single -Family (up to 6 units/acre) Proposed: PD, Planned Development Land Use Designation: M-2, Medium -Density Residential -2 (up to 10 units/acre) Number of Units: 161 units (maximum) Density: Proposed: 9.04 units/acre Maximum: 10.00 units/acre Open Space: Required: 30.00% Proposed: 43.41 % Recreation Area: Required: 1.93 acres Proposed: 1.93 acres Phasing: The project will consist of a single phase. If the applicant chooses to phase this project at a later date, the phasing can be achieved through an administrative approval at the staff level. 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 by a full access driveway connection to 41St Street (see attachment 3). In addition to this because the project is proposing more than 100 residential units, an emergency access driveway is required and provided from 43rd Avenue. The proposed driveway connections and traffic circulation plan have been reviewed and C:\Granicus\Legistar5\L5\Temp\36760192-Oc8f-4002-ac38-12e341adce2c.docx 155 6 approved by Traffic Engineering and Fire Prevention. Additionally, Traffic Engineering reviewed and approved the TIS submitted by the applicant. Based on the approved TIS, no off- site traffic improvements are required or proposed for this project. However, it should be noted that the project's proposed driveway connection to 41" Street will be served by an existing bi- directional left turn lane. 11. Stormwater Management: The project's conceptual and preliminary stormwater management design proposes one master stormwater pond and an interconnected system of stormwater pipes that will direct the project's stormwater runoff into those ponds (see Attachment 3). 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. Internal SidewalklPedestrian 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 project's LDP, and the internal pedestrian system must be completed prior to the issuance of a C. of C. b. Streetlighting: Streetlights are required and proposed and will be maintained by the property owner. 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. All project streetlights must be installed prior to the issuance of a C. of C. 13. Landscape and Buffering Plan: The applicant has provided a preliminary landscape plan that meets the criteria of Chapter 926 and is sufficient for conceptual and preliminary PD plan approval (see attachment 4). 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 project's LDP plans, and must be approved by staff prior to the issuance of an LDP. 14. Environmental Issues: Presently, the project site is heavily wooded with a mixture of hardwood tree species (e.g. live oak), non -hardwood tree species (e.g. pine trees), cabbage palms, and invasive exotic vegetation. Hardwood specimen trees proposed to be removed must be mitigated per the County's tree mitigation requirements, which allow re -planting and/or payment into the County's tree mitigation fund. All invasive exotic vegetation will be removed during development. The developer must obtain Environmental Planning staff approval of the project's final tree protection and mitigation plan prior to issuance of an LDP. 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 applicant is not seeking one (1) PD waiver for stormwater maintenance within the stormwater tract and is only seeking PD rezoning approval in order to develop multi- family units instead of single-family. Therefore, the proposed public benefits are primarily C:\Granicus\Legistar5\L5\Temp\36760192-Oc8f-4002-ac38-12e341adce2c.docx 156 7 intended to control project design and compatibility with the surrounding properties. • Dedication of Right -of -Way: The applicant will be dedicating 20' of right-of-way along the north side 41st Street and 15' of right-of-way along east side 43rd Avenue. This dedication shall be completed prior to issuance of an LDP. Bus Stop with Shelter: Through coordination with the Indian River County Metropolitan Planning Organization (MPO), the applicant has agreed to provide a bus stop with a shelter along the project's 41st Street frontage. The final location of this bus stop will be determined prior to the issuance of an LDP. Sidewalk Extension Along 41" Street: Staff was able to coordinate with the applicant to provide a much-needed sidewalk extension along 41" Street (north side) that will extend the sidewalk network along this corridor from the existing end of sidewalk (property owned by Indian River County Housing Authority) east approximately 1,525 linear feet to the intersection of 32nd Avenue and 41' Street. The final design of the sidewalk extension will be reviewed by staff prior to issuance of an LDP. The installation of the sidewalk extension shall be completed prior to issuance of a certificate of completion. Increased Perimeter Landscape Buffering: Through coordination with county staff, the applicant has proposed increased landscape buffers to the south and east of the project site. The applicant is providing a 15' Type "C" buffer along the north and east project perimeters where the LDRs and PD regulations do not require any landscape buffer or type of opaque feature. These increased landscape buffers provide a significant benefit and compatibility measure in favor of the adjacent properties to the south and east. 17. Required Notice: For this project, staff was required to publish a legal advertisement in the newspaper, send out notice by mail to all property owners within 300 feet of the project site, and post a project notice sign at the project site. 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 Hunters Grove PD, with the following conditions: 1. Prior to issuance of a land development permit, the applicant shall: a. Dedicate 20' of right-of-way along the north side of 41St Street and 15' of right-of-way along the 43rd Avenue in accordance with what is shown on the conceptual PD plan. b. Obtain MPO approval for the final location of the proposed bus stop with shelter. c. Obtain Planning staff approval of the final landscape and streetlighting plan. d. Obtain Environmental Planning staff approval of the final tree protection and mitigation plan. e. Obtain staff approval of the final design of the 41St Street sidewalk extension. f. Obtain staff approval of the final design of fence around the interior stormwater pond. 2. Prior to issuance of a certificate of completion, the applicant shall: a. Construct the 41St Street sidewalk extension. b. Install all internal sidewalks and site improvements. C:\Granicus\Legistar5\L5\Temp\36760192-Oc8f-4002-ac38-12e341adce2c.docx 157 8 c. Install all required buffers and landscape improvements. d. Install the required streetlighting improvements. e. Install a fence around the interior stormwater pond. ATTACHMENTS: 1. Location Map 2. Aerial 3. Conceptual PD Plan 4. Conceptual Landscape Plan 5. Draft PD Rezoning Ordinance C:\Granicus\Legistar5\L5\Temp\36760192-Oc8f-4002-ac38-12e341adce2c.docx 158 9 CL m i O V O J uva a�Olann � rmv..e �o�w gun: :"w :'�.:.`w"w wroov .wmo�aanie rmarti - - e e 1N3WdOl3A3003NNV1d '' $,n L M JNI9NIti33N19N3 TJ�b3V q 3AOil'J Sa31NnH $ a U p -1� .....� LL .- ..- A8w fe GF1co ORDINANCE NO. 2024 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM RS -6, RESIDENTIAL SINGLE-FAMILY (UP TO 6 UNITS/ACRE), TO PD, PLANNED DEVELOPMENT, FOR APPROXIMATELY 17.80 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF 41ST STREET AND 43RD AVENUE AND DESCRIBED HEREIN AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently considered this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described properties situated in Indian River County, Florida, to -wit: LEGAL DESCRIPTION: THE WEST'/2 OF TRACT 5, SECTION 27, 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, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA PUBLIC RECORDS. LESS AND EXCEPT RIGHTS OF WAY OF RECORD. is changed from RS -6, Residential Single -Family (up to 6 units/acre), to PD, Planned Development, with the general project layout as depicted in the attached conceptual PD plan (Exhibit A). 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 1' day of December 2024, for a public hearing to be held on the 17th day of December 2024, 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 Deryl Loar Commissioner Susan Adams Attachment 5 163 ORDINANCE NO. 2024 - Commissioner Joseph H. Earman Commissioner Laura Moss BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph E. Flescher, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller BY: Deputy Clerk State of Florida County of Indian River This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY 2 Attachment 5 164 Jim ff 12/17/2024 Item 11.A.4. 105- 1 12/17/2024 Item 11.A.4. Location Map Aerial 43RD AVENUE - 5 i II II i 1 w . r -_--�` ---=- -------_------===--------==-_--------L--- � O, 6 12/17/2024 Item L] .A.4. Proposed Development Summary • 17.80 acres • 161 total multi -family units (maximum) • Overall density 9.04 units/acre • 1 PD waiver for stormwater maintenance Conceptual PD Plan 43RD AVENUE r I I - -------- - i t i �u , - -- - -- - -- - -- 1 5- 3 12/17/2024 Item 11.A.4. PD Waivers VAIVERS LIST REQUEST TO WAIVE REQUIREMENT FOR STORMWATER MAINTENANCE WITHIN STORMWATER MANAGEMENT TRACT. A MAINTENANCE EASEMENT IS PROVIDED IN LIEU OF AND SHALL BE PLACED WITHIN THE RECREATION TRACT THAT SURROUNDS THE STORMWATER POND. Traffic Circulation Plan --- _ _ _ ]i 8 I( 6- 4 4 AVENUE TOJ Emergency Access Driveway r r ; 99S -3'. r Full Access Driveway _ u u Connection to 41It Street Internal roadway connections --- _ _ _ ]i 8 I( 6- 4 QwSr rol��'Avf I� � � E 4�,3i� � ��•� iw .,..;: 15, Type �.C,� bu e,Buffer •°HO -m �_� n �wpr�e North/East 'A° a sa; Thoroughfare Plan Road gBuffer 12/17/2024 Item 11.A.4. Public Benefits • Dedication of 20' of right-of-way along the north side of 41 St Street • Dedication of 15' of right-of-way along the east side 43rd Avenue • Bus Stop with shelter on the north side of 41 St Street • Sidewalk extension along the north side of 41St Street that will extend the sidewalk network approximately 1,525 linear feet to the intersection of 32nd Avenue and 41 St Street • Increased 15' Type "C" landscape buffer along the north and east property lines 12 I (P5' 6 12/17/2024 Item I LAA PZC Recommendation • At its meeting of November 14, 2024, the PZC voted 6-0 to recommend that the BCC grant PD Rezoning and Conceptual PD Plan/Plat use approval with the conditions recommended by staff and the addition of a fence around the storm water pond. • The PZC also concurrently approved the preliminary PD Plan/Plat. Staff Recommendation That the BCC grant PD rezoning and conceptual PD plan approval for Hunters Grove PD with the conditions listed in staff's report: • Dedication of right-of-way • Obtain MPO approval for final bus stop and shelter location • Obtain staff approval for final sidewalk location and design along 41 st Street • Final landscape, streetlighting, and tree protection/mitigation plans • Construct all on-site and off-site improvements • Install a fence around the retention pond (PZC imposed condition) 13 14 I05. 7 August 2022 Revised October 2023 Revised November 2023 Kimley>))Horn, 0-5 TRAFFIC IMPACT ANALYSIS Hunter's Grove PD Indian River County, FL Prepared for: Randolph Construction Group, Inc. Prepared by: Kimley-Horn and Associates, Inc. August 2022 Revised October 2023 Revised November 2023 ©Kimley-Horn and Associates, Inc. 2023 PE #91501 ZP\ ,y AAiaanvM:rirp. A'xnwn e•U5,N Ocn•A'aumenmtlDutY 0,MC.0na erna: ..el W- D— 2023.1 127 io ozae asm• Alex Memering, P.E. PE #91501 ZP\ Table 1.0 INTRODUCTION...............................................................................................................1 2.0 PROJECT TRAFFIC.........................................................................................................3 2.1 Trip Generation..............................................................................................................3 2.2 Trip Distribution and Trip Assignment.............................................................................3 3.0 AREA OF INFLUENCE.....................................................................................................4 4.0 COMMITTED TRANSPORTATION IMPROVEMENTS.....................................................4 5.0 INTERSECTION ANALYSIS.............................................................................................5 6.0 SITE ACCESS..................................................................................................................6 6.1 Required Site Access Improvements..............................................................................6 7.0 CONCLUSION................................................................................................................10 Table 1: Trip Generation Summary.............................................................................................3 Table2: Intersection Analysis.....................................................................................................5 Figures Figure 1: Project Location Map..................................................................................................2 Figure 2: AM Peak Hour Intersection Volumes...........................................................................7 Figure 3: PM Peak Hour Intersection Volumes...........................................................................7 Figure 4: Roadway Segment Project Traffic Volumes and LOS..................................................9 Hunter's Grove PD I Traffic Impact Analysis November 20231 Kimley-Horn and Associates, Inc. G5 it Appendix A: Site Plan ✓ Appendix B: Excerpts from ITE Trip Generation Manual, 11" Edition Appendix C: GTCRPM Model Plots-� Appendix D: Links Maintenance Report Appendix E: Turning Movement Counts Appendix F: Signal Timing Sheets Appendix G: FDOT's Florida Traffic Online Data X/ Appendix H: Intersection Volume Development Worksheets Appendix I: Synchro Output Reports / Hunter's Grove PD I Traffic Impact Analysis November 20231 Kimley-Horn and Associates, Inc. 1'(6-0 The intent of this report is to identify the potential traffic impact, if any, associated with the proposed development to be located generally on the north side of 41st Street, east of 43`d Avenue in Indian River County, Florida. A location map depicting the project site is provided in Figure 1. The proposed development will include 161 multifamily housing dwelling units. A copy of the site plan is included in Appendix A. Buildout of the proposed development is by 2025. In accordance with Indian River County Land Development Code (LDC), a traffic impact analysis is required to document the external traffic impacts of this proposed development. The objectives of this report are as follows: To adequately assess the traffic impacts associated with the proposed project and identify the level of off-site access and traffic control improvements required. To provide public agencies a comprehensive study which evaluates and documents the traffic impacts and off-site improvements, where warranted. To provide a technically sound basis to identify impacts and related mitigation requirements in response to off-site traffic impacts. Hunter's Grove PD I Traffic Impact Analysis November 20231 Kimley-Horn and Associates, Inc. �k6.$ The anticipated traffic impacts associated with the proposed development were derived using a process of trip generation, distribution, and assignment in accordance with the requirements of the Indian River County LDC. 2,1 TRIP GENERATION A projection of new trips associated with the proposed development was performed. The volume of traffic generated by a site is dependent on the intended land use and size of the development. Trip generation can be defined as an estimate of the number of trips generated by a specific building or land use. These trips represent the volume of new traffic added to the roadway network. The estimate of new trips associated with the project was developed using the equations contained in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11" Edition and the Indian River County LDC. The trip generation characteristics for the proposed development were calculated based on the ITE land use code for Single -Family Attached Housing [ITE 215]. The projected number of total net new Daily trips, AM peak hour trips, and PM peak hour trips are detailed in Table 1. Excerpts from the ITE Trip Generation Manual, 111h Edition are provided within Appendix B. Table 1: Trip Generation Summary Land Use Intensity Daily Trips AM Peak Hour of Adjacent Street PM Peak Hour of Adjacent Street Total I in Out Total In Out Proposed Development Single -Family Attached Housing 161 DU J 1,159 7724U 53 92 52 / 40 Subtotol 1,159 r 77 24 53 92 77tTOTAL 52 40 j NET EXTERNAL TRIPS 1,159 77 '•• 24,153 92 52 40 Note 1:Trip Generation was calculated using the data from ITE's Trip Generation Manual, 11th Edition Single -Family Attached Housing (ITE 2151 `/ Daily T = 7.20*(X); (X i s number ofdweIIing units) AM Pe a k Hou r of Adja cent Stre et T=0.48*(X);(Xisnumber ofdwellingunits);(31%in/ 69%out) PM Pea kHour ofAdjacentStreet T=0.57*(X);(Xisnumber ofdwellingunits);(57%in/ 43%out) The distribution and assignment of project trips was derived through a gravity model [Greater Treasure Coast Regional Planning Model (GTCRPM)] based on the transportation planning modeling programs contained in the Florida Standard Urban Transportation Modeling Structure (FSUTMS). The GTCRPM program was employed to provide an objective distribution and assignment of project trips onto the roadway network. The GTCRPM model output is provided in Appendix C. Hunter's Grove PD I Traffic Impact Analysis November 20231 Kimley-Horn and Associates, Inc. In accordance with Indian River County Land Development Code 952.07(18-19), an Area of Influence was determined for the project. This Area of Influence includes all thoroughfare network links impacted by eight (8) or more project peak season/peak hour/peak direction trips for a two-lane roadway or fifteen (15) or more project peak season/peak hour/peak direction trips for a four -lane (or wider) roadway [952.07(9)(d)(1)]. Based on these standards, the following roadway segments will be included within the project's Area of Influence: • 43rd Street — from 26'" Street to 41 st Street • 415' Street — from 58`h Avenue to Old Dixie Highway The Links Maintenance Report is provided within the Appendix D. The determination of study area intersections was based on Indian River County Land Development Regulations, which state that any intersections along roadway segments within the Area of Influence which are at or above 80% of their level of service "D" capacity shall require operational analysis. While no road segments within the Area of Influence are at or above 80% of their level of service "D" capacity, the intersections of 415` Street & 43 Id Avenue and 415' Street & 415' Avenue were evaluated (using Synchro Version 11 traffic software) because it is the nearest major intersection to the development. The Links Maintenance Report is provided within Appendix D. Based on a review of the Indian River County Capital Improvements Element, Indian River County Metropolitan Planning Organization (MPO) Transportation Improvement Plan (TIP), Indian River County MPO 2045 Long Range Transportation Plan, and FDOT's 5 -Year Work Program, no construction funded improvements were identified within the study area of the proposed development. Hunter's Grove PD I Traffic Impact Analysis November 20231 Kimley-Horn and Associates, Inc. Access to the site will be provided via one (1) proposed full access driveway connection at the intersection of 4151 Street & 41s' Avenue. Figures 2 and 3 illustrates the anticipated project trips at the study area intersections during the AM and PM peak hour timeframes, respectively. Figure 4 illustrates the anticipated project trips along roadways within the Area of Influence during daily and PM peak hour timeframes. 6.1 REQUIRED SITE ACCESS IMPROVEMENTS Criteria found in the Indian River County LDC were referenced to determine whether ingress turn lanes are required at the intersection of 415` Street & 41st Avenue. Per Florida Department of Transportation FTO, 41s' Street has an AADT of 5,700 trips. Based on the projected number of peak hour ingress eastbound left turning volumes at the driveway, an ingress eastbound left -turn lane is warranted. It should be noted that an existing two-way left -turn lane is provided along 41 sl Street which will provide access to the site and therefore an ingress left -turn lane does not need to be constructed. An ingress westbound right -turn lane is not warranted. Hunter's Grove PD Traffic Impact Analysis November 20231 Kimley-Horn and Associates, Inc. JQ5-10 The intersection analysis was performed using Synchro (01) software, which implements procedures described in the Highway Capacity Manual, 61h Edition. Vehicle turning movement counts were collected at the study intersections during both the AM and PM peak hours on Tuesday, February 28t1, 2023 and Thursday, September 215`, 2023 which are included in Appendix E. Signal timing sheets for the intersection are provided within Appendix F. A peak season factor was applied to estimate existing traffic volumes based on the FDOT Florida Traffic Online (FTO) data for Indian River County included in Appendix G. The intersections of 415` Street & 43rd Avenue and 4151 Street & 4151 Avenue were analyzed during 2023 existing, 2026 background (without project), and 2026 total traffic conditions. The results of the intersection analyses are presented in Table 2. The intersection development worksheet and Synchro output reports for the study intersection is provided within Appendix H and Appendix I, respectively. As shown in Table 2, the study intersections operate with acceptable overall LOS and delay during 2023 existing, 2026 background (without project), and 2026 total traffic conditions. Table 2: Intersection Analysis Hunter's Grove PD I Traffic Impact Analysis November 20231 Kimley-Horn and Associates, Inc. �-1 ��5"'� A residential development is proposed and will be generally located north of 415` Street, east of 43rd Avenue, in Indian River County, Florida. The proposed development will include approximately 161 single-family dwelling units. Buildout of the proposed development is by 2026. An analysis of the traffic impacts associated with the proposed development was performed in accordance with Indian River County LDC. The results of this analysis indicate that all roadway segments and intersections within the project's area of influence are projected to operate acceptably upon project buildout. Therefore, the project will not result in an adverse impact on the thoroughfare network. Access to the site will be provided via one (1) proposed full access connection at the intersection of 415' Street & 415' avenue. Criteria found in the Indian River County LDC were referenced to determine whether ingress turn lanes are required at the proposed full access driveway on 415' Street. Based on the projected number of peak hour ingress turning volumes at the driveway, an ingress eastbound left -turn is warranted. It should be noted that an existing two-way left -turn lane is provided along 415' Street which will provide access to the site and therefore an ingress left -turn lane does not need to be constructed. An ingress westbound right -turn lane is not warranted. Hunter's Grove PD I Traffic Impact Analysis November 20231 Kimley-Horn and Associates, Inc. �,h�21 bM>ndcnDm/l ' pGx vJ>Wtvttn q:�^� ba'�T✓ - _NVId W3WA3 dOl30 03NMJl0 i;�• �i ��d U z � ,ss 'JNI!DNIb33N19N3 Cd l,iiVNIWll32dd/(Id ivnid30NOD 3AouDS.U31Nnw A8WM \' f: a uos ax _ APPENDIX B Excerpts from ITE Trip Generation Manual, 11 t" Edition 10`24 Land Use: 215 Single -Family Attached Housing Description Single-family attached housing includes any single-family housing unit that shares a wall with an adjoining dwelling unit, whether the walls are for living space, a vehicle garage, or storage space. Additional Data The database for this land use includes duplexes (defined as a single structure with two distinct dwelling units, typically joined side-by-side and each with at least one outside entrance) and townhouses/rowhouses (defined as a single structure with three or more distinct dwelling units, joined side-by-side in a row and each with an outside entrance). The technical appendices provide supporting information on time -of -day distributions for this land use. The appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (https://www;ite:org/technical resources/topics/trip- and.-parklnq ,g.eneration/). ........... The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in British Columbia (CAN), California, Georgia, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, Ontario (CAN), Oregon, Pennsylvania, South Dakota, Utah, Virginia, and Wisconsin. Source Numbers 168, 204, 211, 237, 305, 306, 319, 321, 357, 390, 418, 525, 571, 583, 638, 735, 868, 869, 870, 896, 912, 959,1009,1046,1056,1058,1077 RIF General Urban/Suburban and Rural (Land Uses 000-399) 237 Single -Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 22 Avg. Num. of Dwelling Units: 120 Directional Distribution: 50% entering, 50% exiting ►ehicie Trip Generation per Dwelling unit Average Rate Range of Rates Standard Deviation 7.20 4.70-10.97 1.61 nate Pint and Fnuatien 5000 4000 3000 N a •c H n 1- 2000 1000 00 200 400 X = Number of Dwelling Units X Study Site Fitted Curve Fitted Curve Equation: T ■ 7.62(X) - 50.48 238 Trip Generation Manual 11th Edition • Volume 3 - - - - - Average Rate R== 0.94 600 RW , s 105 -2� Single -Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 46 Avg. Num. of Dwelling Units: 135 Directional Distribution: 31% entering, 69% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.48 0.12-0.74 0.14 Data Plot and S00 i- 400 200 100 n X :X i X ......�.(...... X. .. X ........................................ .... .... i.. ............... .......... X XX.... . . X .. 0 0 200 400 600 " 800 X = Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: T = 0.52(X) - 5.70 R2= 0.92 MF General Urban/Suburban and Rural (Land Uses 000-399) 239 Single -Family Attached Housing (215) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 51 Avg. Num. of Dwelling Units: 136 Directional Distribution: 57% entering, 43% exiting Vehicle Trip Generation per Dwelling unit Average Rate Range of Rates Standard Deviation 0.57 0.17-1.25 0.18 Data Plot ana eoo r— X too 0 0 200 400 600 eoo X = Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: T = 0.60(X) - 3.93 R°= 0.91 240 Trip Generation Manual 11th Edition -Volume 3 X51 Al X _... . 400 _ ........................................ , 300 L W n X _....._....:......! .......... 200 , too 0 0 200 400 600 eoo X = Number of Dwelling Units X Study Site Fitted Curve - - - - - Average Rate Fitted Curve Equation: T = 0.60(X) - 3.93 R°= 0.91 240 Trip Generation Manual 11th Edition -Volume 3 X51 Al 00, N 0 . a) a 6- :. :. ... .... .... ..... Q O' O rte-+ .. .. '{' .. .. .. .. 00 U7 S. G 1 0 -0 7 53rd Street 1 -. o p 0 6 6 66 5 6 4 p G, 49th Street l! a ",A r, rn co -- 0 0 —• 2 1 7 7 7-6-6 6 6,,6 6 6 5 5 2 2 2 45th Street �•� O � 0 O 0 9 20 19 19 19 19 19 119 1 41st Street 18 �,�� °/19 10 p p 70 � o > 0 8 0 T Q o 5555' 5 0 0 o I o o o' w 37th St eeto 3 00 ... w 0 0 _ w 0 rn o rn - 0 w ~0 o (D wa o 0 Qp �0 0 00 o p 0 rn o M A n 0 O O N w 0 0 0 Co 0 0 1 0 't8 8 7/7 4 �2 3 (3 °b 0 `• n� 0 0 0 1 0 Co 015 26th Street ° Co ti 3 N O 3 0 3 N% 0 00 0 0'. 00 00 1 0 l Co 0 r 0 0 �! 0 0 00 o c1 R o 0 00 3 0 t0 0 0 0 0 110 0 /00 1 12 12 0 10 lb 8 f 8 (b 3-3-1-1-11 1 " ,0. 1� o• 0 o C, SR 60 N o r 4 3 1x1 1 N„ 0) 2 -Lane Facility 4 -Lane Facilityo_ —. o N o 6 -Lane Facility N 0 O 0 O N 1 O r° O 0 0 8 -Lane Facility • °' ° o o t t o ,0 0 0 0 0 ° o •�— TAZ Connector yStreet, o • TAz'S 16th o 0- •_" Project Site Y - - 41ST STREET TOWNHOMES i. TRAFFIC DISTRIBUTION (PERCENTAGES) I 5/18/2022 �n�!iJ�.� �_.-_ (l:i.ensed ka KiitifeY Horn &Associates) WJ � orwt by ! V**otice of a public hearing by theftrd Of-SAU*1 ftnIssioners to consider grarill a p a ca n , ceptual Planned DOW— adoft It im VWhW wits/acre) to PD, Plamed: efthe hearing is a proposal tM. inc. to develop a project iknow as OM K The project proposes a maximum Of 1141: MW arfilly units at a density of 9.04 units/acm.i project site Is located on the northeast comer of iW SW and AV Avenue (see location map). ApublichearIng, atwhich parties InInterestwid dffzw.o Otail have an opportunity to be heard, will be held byttM, Board of County Commissioners of Indian River Cou Mrida, i nthe CourytyCommission Chambers ofthe Cou Mministration Building;, locatedat 1801 Stre,4 V* ' 0 1 Vero Beach, Florida oo 11jesdaY, 11o'ceV, 20 rnbc , at 9;00 AM, direct planning -related questions to the relopment Planning SecU4'O,,. documents pertaining toftnw*!; .Ift the Indian River County Pig ft 411to, 1801 2r Street within builzn AdministrationVompim Documents," isrA611101 Ow. -00 room! d lie public during kWm M . members of the public are IrTV%d NOW, hearing. *pe Who may wish to appeal any dqdilon, WNW may be made at this meeting, will need to ensure that a verbatim record of the proceedings Is made, which kabbs testimony and evidence upon which the appeal OWIMSOONTY OWNIUMOZI)NING COMMISSIM iiA5 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Cindy Thurman; Senior Planner, Long Range Planning DATE: November 4, 2024 RE: Consideration of an Ordinance of Indian River County Florida Amending the Zoning Ordinance, and the Accompanying Zoning Map for Approximately (22.28 Acres from CG, General Commercial District to OCR, Office, Commercial, Residential District (2023060145-97024) [Quasi -Judicial] It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 2024. DESCRIPTION AND CONDITIONS The subject properties consist of ±22.28 acres of undeveloped land in the northern area of the County. The properties lie along the west side of U.S. Highway 1, approximately .65 miles north of 85h Street (CR 510). The properties are southwest of the City of Sebastian's jurisdiction and north and west of the Wabasso School. With approximately 580 feet of U.S. Highway 1 frontage, the property extends westward to the FEC railroad right-of-way line. The subject properties are in the middle of an area zoned CG, General Commercial. The applicant requests to rezone the subject properties from CG, General Commercial District to OCR, Office, Commercial, Residential District. While the CG, zoning allows general commercial uses such as retail commercial, OCR permits professional offices, health clinics, and multiple -family dwellings. There is no other OCR zoning present in the area on the west side of U.S. Highway 1. The purpose of this request is to secure the zoning necessary to develop the site with uses permitted in the OCR zoning district such as exclusively for residential use. The requested OCR zoning designation is consistent with the subject property's C/I, Commercial/Industrial future land use designation therefore, no future land use designation change is required as part of this amendment. Existine Land Use Pattern The subject properties are currently zoned CG, General Commercial and is located within a largely undeveloped commercial node, extending from east to west between the U.S. Highway 1 corridor and the FEC railroad right-of-way. The commercial node, running north to south, comprises predominantly vacant and underutilized commercial properties, interspersed with older 166 nonconforming residential and commercial structures that present opportunities for future redevelopment. To the north of the properties, there are primarily large -lot nonconforming residential homes and businesses. To the south and east lies the Wabasso School. The CG zoning in this area permits a range of general commercial uses along the U.S. Highway 1 corridor, including general retail establishments, big -box stores, drive-through restaurants, and professional/medical offices. In contrast, the OCR, Office, Commercial, Residential district is intended to allow for a more integrated mix of low -intensity office, restricted commercial, and residential uses, with a maximum residential density of up to eight units per acre. The east side of U.S. Highway 1 is characterized by designated residential zoning, with future land use patterns established by the County. While commercial development within this node has not progressed as rapidly as in other parts of the County, vacant residential and commercial parcels remain available, indicating continued potential for development in the area. Zoning District Differences In terms of permitted uses, there are both similarities and differences between the existing CG district and the proposed OCR district. While the CG zoning allows general commercial uses such as retail commercial, OCR permits professional offices, health clinics, and multiple -family dwellings. The respective zoning districts' purpose statements best illustrate the distinctions between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: CG: General Commercial District. The CG, General Commercial District, is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services, or industrial uses. OCR: Office, Commercial, Residential District: The OCR, Office, Commercial, Residential district is intended to provide areas for the development of restricted office, commercial, and residential activities in a manner that will be compatible with surrounding neighborhoods. The OCR district is further intended to provide land use controls to ensure the separation of potentially incompatible activities, such as intense commercial uses, from established residential areas. Analysis The"following analysis is per Chapter 902: Administrative Mechanisms, Section 902.12(3), which states that all proposed amendments shall be submitted to the Planning and Zoning Commission, which shall consider such proposals in accordance with items (a) through (k) of Section 902.12(3). Item A - Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations (LDRs). 2 167 While the request for the proposed amendment does not conflict with the county's land development regulations, the resulting zoning district of OCR, raises concerns regarding potential land use incompatibilities with adjacent properties. The rezoning could introduce a mix of uses that may not be compatible with the surrounding land uses, potentially placing dissimilar uses in close proximity. Item B - Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan. The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions that the County will take in order to direct the community's development. As courses of action committed by the county, policies provide the basis for all county land development 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 Future Land Use Element Policies 1. 17, 1.18, and 1.43. Future Land Use Element Policies 1.17 and 1.18 Future Land Use Element Policy 1.17 states that all commercial/industrial uses must be located within the County's Urban Service Area. Future Land Use Element Policy 1.18 states that the commercial/industrial land use designation allows uses, subject to applicable zoning district regulations, that include business and personal services, retail, office, and storage/warehousing uses. Since the subject property is located within the County's Urban Service Area and the requested OCR district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.17 and 1.18. As part of its consistency analysis, staff compared the proposed request to all applicable objectives and policies in the plan and found conflicts with Policy 1.43 of the comprehensive plan. Future Land Use Element Policy 1.43 Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether or not a proposed zoning district is appropriate for a particular site. Below are the specific rezoning criteria from Policy 1.43, the OCR zoning district, and staff determinations of how the criteria have not been met in Table 1. Table 1 SUBJECT PROPERTY Proposed General Commercial OCR Zoning District Review Criteria Meets Comments Criteria? 1. Adjacent to existing office uses. NO Adjacent commercial uses on the same side of U.S. Highway 1 are undeveloped. On the east side of U.S. Highway 1, general retail commercial uses are established. Fails to Meet this Criterion. 168 2. Is a buffer between residential zoning NO The properties are located in an established districts and arterial roads or other commercial node with no abutting residential commercial zoning districts, zoning districts. Fails to Meet this Criterion. 3. At node perimeters. NO The properties are in the middle of the established C/I node and not located at the perimeter. Fails to Meet this Criterion. The OCR zoning district is designed to protect residential uses in areas where commercial and residential uses mix. According to county regulations, the district is designed to accommodate office, commercial, and residential developments that are compatible with nearby neighborhoods. The OCR zoning district permits professional offices and residences. However, most retail, service, and other intense commercial uses are prohibited in the district. The district also allows residential uses as well as compatible office and commercial uses. Item C - Whether or not the proposed amendment is consistent with existing and proposed land uses. The proposed amendment for the subject properties are designated C/I, Commercial/Industrial on the Future Land Use Map. Since OCR zoning is allowed in the C/I designation, the proposed zoning district is consistent with the Future Land Use Map designation. Item D - Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan. The property has approximately 580 feet of U.S. Highway 1 frontage and is a four -lane divided highway. Item E - Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below the level adopted in the comprehensive plan. The proposed rezoning request's Traffic Impact Analysis (TIA) was reviewed and approved by Traffic Engineering Division staff. That analysis showed that all roadway segments within the area of influence would operate at an acceptable level of service with the most intense use of the property under the proposed zoning district. Item F - Whether or not there have been changed conditions which would warrant an amendment. The OCR, Office, Commercial, Residential zoning district is typically intended to be located at the perimeter of larger commercial nodes to provide a transition between commercial and residential areas. However, the subject properties are situated in the middle of an existing commercial node that remains largely undeveloped, and these conditions have not significantly changed. To date, no further development has occurred on the west side of U.S. Highway 1, while residential development remains appropriately located and zoned on the east side of the highway. 4 169 Item G - Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation. Based upon the analysis conducted by staff, it has been determined that all concurrency -mandated facilities, including stormwater management, solid waste, water, wastewater, and recreation, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Per Indian River County LDRs, the applicant may be required to pay connection and other customary fees and comply with other routine administrative procedures. If approved, rezoning does not guarantee any vested rights to receive water and wastewater treatment service. As with all development, a more detailed concurrency review will be conducted during the development review process. As per Section 910.07 of the County's LDRs, conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not development projects, County regulations call for the concurrency review to be based on the most intense use of the subject property allowed within the requested zoning district. For commercial rezoning requests, the most intense use of a property varies with the zoning district. In the case of CG -zoned property, the most intense use (according to County LDRs) is retail commercial with 10,000 square feet of gross floor area per acre. For the OCR rezoning request, the most intense use is retail commercial with 10,000 square feet of gross floor area per acre. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: 2. Existing Zoning District: ±22.28 acres CG, General Commercial District 3. Proposed Zoning District: OCR, Office, Restricted Commercial, Residential District 4. Most Intense Use of Subject Property 222,800 square feet of Retail Commercial Under Existing Zoning District: 5. Most Intense Use of Subject Property 222,800 square feet of Retail Commercial Under Proposed Zoning District: Item H - Whether or not the proposed amendment would result in significant adverse impacts on the natural environment. The subject property proposed to be rezoned from CG to OCR is undeveloped. Since the subject property does not contain any land designated by the State of Florida or the U.S. Federal Government as environmentally sensitive or protected land, such as wetlands or sensitive uplands, rezoning the site is anticipated to have no adverse impacts on environmental quality. When development is proposed for the subject site, a more detailed environmental analysis based on the site-specific development proposal will be conducted. 170 Item I - Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern. Policy 1.43 of the Comprehensive Plan clearly outlines the locational criteria for the OCR, Office, Commercial, Residential zoning district. The subject properties do not meet the appropriate locational standards as set forth in this policy, and rezoning to OCR would not contribute to a logical or orderly development pattern. The intent of the OCR zoning district is to serve as a transitional zone at the perimeter of larger commercial nodes, yet these properties are centrally located within an existing node that remains largely undeveloped. Item J - Whether or not the proposed amendment would be in conflict with the public interest and is in harmony with the purpose and interest of the land development regulations. The requested OCR, Office, Commercial, Residential zoning district is not compatible with the surrounding area due to the current lack of development that would support its intended function under the County's Land Development Regulations. Introducing the OCR zoning district at this location does not provide the necessary support for existing development, as the area remains largely undeveloped. The OCR district is designed to complement and enhance existing development by providing a balanced mix of office, commercial, and residential uses. However, in this instance, the absence of surrounding development undermines the district's intended purpose. As a result, the addition of OCR zoning in this location does not align with the goals of the Land Development Regulations, which seek to ensure that zoning districts serve as complementary frameworks for established development patterns. Therefore, the proposed rezoning fails to meet the criteria for fostering a cohesive and sustainable development pattern in the area. Item K - Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services. Based upon the analysis conducted by staff, it has been determined that all concurrency -mandated facilities, including police protection, fire protection, and emergency medical services have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. REQUIRED NOTICE For this project, staff was required to publish a legal advertisement in the newspaper, send out notice by mail to all property owners within 300 feet of the project site, and post a project notice sign at the project site. CONCLUSION The requested OCR, Office, Commercial, Residential zoning district is incompatible with the surrounding area, as it does not provide a supportive framework for existing development in this M 171 largely undeveloped region. The properties are not situated at the perimeter of the commercial node, as is intended for the OCR district, and therefore does not meet the locational criteria outlined in Policy 1.43 of the Comprehensive Plan. Consequently, this request is inconsistent with the established goals, objectives, and policies of the Comprehensive Plan. Moreover, potential incompatibilities with the County's Land Development Regulations may arise, given that the subject property is not located in an area suitable for the OCR zoning classification. Approving this rezoning request would conflict with the intended purpose of the OCR district and could undermine the orderly development pattern envisioned for this part of the County. Therefore, the proposed zoning change is not aligned with sound planning principles or the regulatory framework guiding land use in the area. RECOMMENDATION Based on the analysis, staff cannot recommend that the Board of County Commissioners approve this request to rezone the subject properties from CG to OCR. ACTION BY Planning and Zoning Commission On November 14, 2024, the Planning and Zoning Commission voted 5:1, in favor of rezoning the property to OCR, Office, Commercial and Residential Zoning. ATTACHMENTS 1. Existing Zoning Map 2. Existing Future Land Use Map 3. Rezoning Application 4. Ordinance 7 172 ATTACHMENT 1 SEBASTIAN R S-1 MU L j PD,YY �< L a OC R SUBJECT PROPERTY CG to OCR. i T � 7- al CL s erre sr � �n s� DRi E'>3+ -v ' <a o asxx ST R� � � ` � by RS -1 a � I DIAI: EVE F, c0L7'ri r i NOW INF©RM' `honingx:�`'3S n. FL 32958 173 174 ATTACHMENT 3 APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: RZON - Current Owner Applicant (Contract Purchaser Agent Name: CJB Holdings Limited Same As Owner Mills, Short & Associates Complete Mailing Address: P.O. Box 644080, Vero Beach FL 32964 700 22nd Place, Suite 2C Vero Beach FL 32960 Phone #: (including area code) 772-231-1100 772-226-7282 Fax #: (including area code) E -Mail: Cmarine@Gouldcooksey,com Wmills@MillsShortAssociates.com Contact Person: Chris Marine (Owner's y) ji. Wesley Mills Si nature of Owner or A g e Property Information Site Address: 8965, 8985, 9025 U.S. Highway t, Sebastian Florida 32958 Site Tax Parcel I.D. #s: 31392800000300000012.0 = 20.17 Acres 31392800000300000014.0 = 2.07 Acres = 0.39 Acres Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: CG Existing Land Use Designation: Cil Requested Zoning District: OCR Total (gross) Acreage of Parcel: 22.28 (as surveyed) Acreage net to be Rezoned: 22.28 (as surveyed) Existing Use on Site: Undeveloped Proposed Use on site: Townhouse Development THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. 175 REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. ITEMS Applicant's Checklist Staff Checklist 1. Fee: $3,000.00 x 2. Completed Rezoning Application Form front page) x 3. Letter of Authorization from Current Owner(s) OR Current Owner is Applicant X 4. Verified statement (separate letter) naming every N/A individual or entity having legal or equitable ownership in the property. 5. One 1 Copy of the current Owner's Deed x 6. A Current Owner's Title Policy X OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownership of the property. 7. A justification of change statement and detailed intended use X 8. One (1) SEALED boundary survey of the area to be x rezoned. The boundary survey shall include, but not be limited to the following: ® a legal description of the land to be rezoned ® the size of the land to be rezoned ® the public road right-of-way width of adjacent roads; and ® a north arrow 9. Electronic version (MS Word is preferable) of the legal description X 10. Provide a digital map file of the boundary Survey X provided in Item 8 above in either AutoCAD (.dwg) or Esri Shape file (.shp) format. 11. Copy of Approved Concurrency Certificate X OR Copy of filed application for Concurrency Certificate, including traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: September 19, 2022 FNCommunity DevelopmenNAPPLICATTOWComp. Plan and Rezoning applications\rezoningrequestform - Updated 2021.docx 176 ATTACHMENT 4 ORDINANCE NO. 2024 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY +22.28 ACRES LOCATED WEST OF HIGHWAY US 1 EXTENDING WEST TO THE FEC RAILROAD RIGHT OF WAY, NORTH OF 85TH STREET FROM CG, GENERAL COMMERCIAL DISTRICT TO OCR, OFFICE, COMMERCIAL, RESIDENTIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE CENTER OF SAID SECTION 28; THENCE NORTH 89 DEGREES 46 MINUTES 27 SECONDS WEST, ALONG THE EAST -WEST QUARTER SECTION LINE OF SAID SECTION 28, A DISTANCE OF 311.41 FEET TO A CONCRETE MONUMENT AND THE POINT OF BEGINNING; THENCE NORTH 02 DEGREES 35 MINUTES 46 SECONDS WEST, A DISTANCE OF 189.55 FEET TO A CONCRETE MONUMENT; THENCE NORTH 87 DEGREES 35 MINUTES 15 SECONDS WEST, A DISTANCE OF 230.69 FEET TO A CONCRETE MONUMENT; THENCE NORTH 01 DEGREES 54 MINUTES 55 SECONDS 177 ATTACHMENT 4 ORDINANCE NO. 2024 - EAST, A DISTANCE OF 117.94 FEET TO A CONCRETE MONUMENT; THENCE NORTH 74 DEGREES 47 MINUTES 24 SECONDS EAST, A DISTANCE OF 238.11 FEET TO A FIVE EIGHTHS INCH IRON REBAR ON THE WEST RIGHT OF WAY LINE OF STATE ROAD 5 (U.S. HIGHWAY ONE), A 100 FOOT PUBLIC RIGHT OF WAY; THENCE NORTH 28 DEGREES 36 MINUTES 12 SECONDS WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 580.81 FEET TO A THREE QUARTER INCH IRON PIPE; THENCE SOUTH 67 DEGREES 26 MINUTES 41 SECONDS WEST, A DISTANCE OF 416.64 FEET TO A ONE INCH IRON PIPE; THENCE NORTH 87 DEGREES 12 MINUTES 52 SECONDS WEST, A DISTANCE OF 342.82 FEET TO A ONE INCH IRON PIPE AND A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28; THENCE NORTH 00 DEGREES 05 MINUTES 11 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 84.15 FEET TO A ONE INCH IRON PIPE AND A POINT ON A LINE THAT IS 495.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28; THENCE NORTH 89 DEGREES 49 MINUTES 52 SECONDS WEST, ALONG SAID LINE, A DISTANCE OF 355.54 FEET TO A FIVE EIGHTHS INCH IRON REBAR AND A POINT ON THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD, A 100 FOOT RIGHT OF WAY; THENCE SOUTH 25 DEGREES 52 MINUTES 35 SECONDS EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1341.32 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 23 SECONDS EAST, A DISTANCE OF 371.07 FEET; THENCE NORTH O1 DEGREES 07 MINUTES 00 SECONDS WEST, A DISTANCE OF 100 FEET TO THE SOUTHWEST CORNER OF THE WABASSO SCHOOL PROPERTY; THENCE NORTH 24 DEGREES 24 MINUTES 50 SECONDS WEST, ALONG THE WEST LINE OF SAID WABASSO SCHOOL, A DISTANCE OF 302.84 FEET TO A CONCRETE MONUMENT AT THE NORTHWEST CORNER OF SAID WABASSO SCHOOL AND A POINT ON THE NORTH LINE OF THE AFOREMENTIONED NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28; THENCE SOUTH 89 DEGREES 46 MINUTES 27 SECONDS EAST, ALONG SAID NORTH LINE AND THE NORTH LINE OF WABASSO SCHOOL, A DISTANCE OF 536.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 22.28 ACRES, MORE OR LESS. is changed from CG, General Commercial District to OCR, Office, Commercial, Residential District. 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. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this day of 92024. This ordinance was advertised in the Press -Journal on the lst day of December 2024, for a public hearing to be held on the 17th day of December 2024 at which time it was moved for 178 ATTACHMENT 4 ORDINANCE NO. 2024 - adoption by Commissioner seconded by Commissioner and adopted by the following vote: Joseph E. Flescher, Chairman Deryl Loar, Vice Chairman Susan Adams, Commissioner Joseph H. Earman, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller BY Deputy Clerk: This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Jennifer W. Shuler, County Attorney APPROVED AS TO PLANNING MATTERS Chris Balter, Planning & Development Services Director 179 12/7/2024 Item 11.A.5. Indian River County Board of County Commissioners December 17, 2024 Donald C. Proctor Sr. And 013 Holdings Limited Partnership's. Rezoning Request from r Description & Conditions The subject property consists of approximately ±22.28 acres of undeveloped land and is located in the northern area of the county, on the west side of US Highway 1, .65 miles north of 510. The purpose of this request is to rezone the proper to OCR, Office, Commercial and Residential District. OCR permits professional offices, health clinics, and multiple - family dwellings. The property is southwest of the City of Sebastian's jurisdiction and north and west of the Wabasso School with approximately 580 feet of US Highway 1 frontage. Currently zoned General Commercial, the property is within a large undeveloped commercial node, extending from east to west between US Highway 1 corridor and the FEC railroad right-of-way. • From north to south, the commercial node is underutilized as commercial with interspersed nonconforming commercial and residential structures and uses giving the area potential for redevelopment. 11q- 1 12/7/2024 Item 11.A.5. 12/7/2024 Item 11.A.5. Description & Conditions of Existing OCR Zoning on East side of U.S. 1 • East side of U.S. Highway 1 - Different Locational Criteria - meets Policy 1.43 for OCR zoning. ORCHID R. • Existing OCR on East is transitional. L2 CL,'�� Y 4TM • Existing OCR is located at a -- OCR perimeter node as it abuts L-2.'; Future Land use to the East. °�~s cRvP • The property at the time zoned OCR 6PS:.LS WGk A)'1 was occupied by existing commercial uses, including a legal non -conforming automobile repair c� shop. Description & Conditions of REQUESTED OCR Zoning on West side of U.S. 1 • West side of U.S. Highway 1 - Different Locational Criteria - Does not meet Policy 1.43 for OCR zoning. • Existing OCR zoning on the west side is not transitional. • Existing OCR is not located at a perimeter node as it does not abut any other future land use other than Commercial/Industrial. • The majority of surrounding uses are large lot single family residential homes, mobile home and campground neighborhoods with the Wabasso School. The new Orchid Reserve development is on the East side of U.S. 1 and away from the railroad tracks. Zo Ina -M. so wn�q 12/7/2024 Item 11.A.5. 12/7/2024 Item 11.A.5. CG, General Commercial District — Existing Zoning • Intended to provide for areas of development of general retail sales and selected service activities. • The CG zoning district is not intended to provide for heavy commercial activities, such as outside commercial service uses, or heavy repair services. • No outside storage is allowed. • Self -Storage in CG is limited to no more than 3 acres. OCR, Office, Commercial, Residential District - Proposed Zoning • Intended to provide area for the development of restricted office, commercial, and residential activities in a manner that will be compatible with surrounding neighborhoods. • Intended to provide land use controls to ensure the separation of potentially incompatible activities, such as intense commercial uses, from established residential areas. • Intended to be located at the perimeter of large commercial nodes to provide a transition between commercial areas and residential areas. �1q + 5 12/7/2024 Item 11.A.5. Rezoning Request is Consistent with C/1 Future Land Use Designation • Part of an established Commercial/Industrial future land use node. • The Commercial/Industrial future land use designation is intended to provide areas for the development of industrial and commercial uses. • Located in areas with suitable levels of service and infrastructure for urban scale development. • Located along major transportation routes and separated from residential areas. • No Future Land Use Amendment change is proposed as part of this request. 12/7/2024 Item 11.A.5. h r*ar 902.12 11). Cin Analwcic *np'r. C a H. Result in the significant adverse impacts on the natural Meets Criteria The subject property is vacant. When environment. development is proposed, a more detailed environmental analysis based on the site- specific development proposal will be conducted Does Not Meet The proposed amendment will not provide for a Criteria logical and orderly development pattern. The esg OCR zoning district is a transitional zonin Mi district. 6"" J. In conflict with the public'interest and is in h The request' I ' __6 purpose purpose and interest of the land development regulations. Criteria and intent of the land development regulations as the OCR district is designed to complement and enhance existing development. Any other matters that maybe deemed appropriate in review Meets,G eria All concurrency mandated facilities have #and consideration of the proposed amendment such as police adequate capacity to accommodate the most protection fire protection and emergency medical services intense use under the proposed zoning distri . . . . . . . ... ... ....... 12/7/2024 Item 11.A.5. Conclusion The requested OCR zoning district is: • Incompatible with the surrounding area development patterns. • Not Consistent with the goals, objectives, and locational criteria outline in Policy 1.43 of the adopted Comprehensive Plan. • The property is not situated in an area suitable for transitional zoning. • Therefore, Staff cannot support the request because if fails to meet all of the Adopted policies of the Comprehensive Plan. • On November 14, 2024, the Planning and Zoning Commission approved the request to rezone the property from CG to OCR with a vote of 5:1. Recommendation Staff cannot recommend that the Board of County Commissioners approve this request to rezone the subject properties from CG to OCR. Staff's recommendation is for the BCC to deny this request. The Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject properties from CG to OCR. *5 ON School District of Indian River County 6500 5r Street • Vero Beach, Florida, 32967 • Telephone: 772-564-3000 • Fax: T72-564-3054 David K. Moore, Ed.D. - Superintendent January 12, 2024 Susan Adams, Chairman Board of County Commissioners, Indian River County 180127"' Street Vero Beach, Fl. 32960 Re: Wabasso Pointe School Board Employee Incentive Program Dear Chairman Adams, This letter is to advise you that the School District of Indian River County strongly supports the Concordia Group's application for rezoning for the Wabasso Pointe Project. The School District understands that the Concordia Group will set aside 10% of the homes in the Wabasso Pointe community for employees of the School District. These homes will be priced at $50,000 below the lowest market price in the Wabasso Pointe community. In addition, the Concordia Group will provide a seller's concession package equal to 1.5% of the gross purchase price to Indian River County School District employees. We understand that the Concordia Group has successfully provided a similar incentive program in a number of its communities in the Washington DC area and has sold over thirty (30) homes to District of Columbia school employees. The School District of Indian River County welcomes such incentive programs and strongly urges the Board of F missto Concordia Group's rezoning application forthe Wabasso Pointe project. Dr. David K. Moore Superintendent School District of Indian River County Gene A. Posta, M.D. • Jacquelin Rosario • Dr. Peggy Jones • Teri L Baren" • Brian M. Barefoot District 1 District 2 District 3 District 4 District 5 Transforming education to inspire & empower ALL students to maximize their full potential. Equal Opporrta* Educator acrd Enrpbyet 01 - ItA5 sow ms* lttwr 9 �+CkA- Ill. h.s 1z-�I.-)4 exCtret *W P—C Mr. Reams asked if the property presented for a request to rezone at a public hearing earlier this evening abutted this subject property. Ms. Grohall clarified it is separated by one parcel. There being no further comments Chairman Day closed the Public Hearing. There being no further commissioner questions, Chairman Day called for a motion. Mr. Landers made a motion for staff's recommendation to deny the request for rezoning due to incompatibility with surrounding land uses as referenced in staff report. ON MOTION BY Chip Landers, SECONDED BY Beth Mitchell, the members voted unanimously (6-0) to recommend the BOCC deny the Request to Rezone ±4.20 Acres from CL, Limited Commercial District to CH, Heavy Commercial District on this Quasi -Judicial matter. A ten minute break was taken during this time 7.28pm, Chairman Day read the following': 4F. Wabasso Pointe Rezoning: Donald C Proctor Sr. & CJB Holdings Limited Partnership's Request to Rezone Approximately ±22.28 Acres from CG, General Commercial District to OCR, Office, Commercial, Residential District (2023060145- 97024) [Quasi -Judicial] Chairman Day asked if any of the commissioners had any ex -parte communication pertaining to this request. There were none,. The secretary administered the testimonial oath to those present who wished to speak. IRC Senior Planner of Long Range Planning Ms. Cindy Thurman gave an analysis of the Request to Rezone Approximately ±22.28 Acres from CG, General Commercial District to OCR, Office, Commercial, Residential District and gave a PowerPointpresentation,, copies of which are on file in the Board of County Commissioners Office (BCC Office). In conclusion, Ms. Thurman stated that the requested OCR zoning district is not compatible with the surrounding area development pattern, does not align with the goals of the Comprehensive Plan, and is not situated in an area suitable for transitional zoning. Ms. Thurman ended her presentation by recommending that the PZC recommend the BOCC deny the request for rezoning. Chairman Day asked' if there were any commissioner questions. The're'wer'e none; Chairman Day op nene �ed the Public Hearing and asked if there were any public comments. PZC Meeting Minutes 9 November 14, 2024 Mr. Pete Sweeney, Esq. of Block & Scarpa was present on behalf of the applicant. Mr. Sweeney gave a presentation and stated reasons why he felt the request to rezone should be granted. Mr, Sweeney showed an aerial map of the subject parcel and pointed out the zoning classifications of the surrounding area. Mr. Sweeney showed a nearby parcel zoned OCR and discussed potential allowable uses of this zoning classification. Mr. Sweeney gave the opinion the subject parcel is currently incorrectly zoned as CG general commercial and made a counter argument for the reasons staff gave for recommending denial. Mr. Sweeney presented a letter of support for the change to OCR written by Dr:' David Moore, Superintendent of the Indian River School District. Mr. T.P. Kennedy of 3906 Sabal Palm Drive was present and explained he has worked on this property for over seven years. Mr. Kennedy said he had several discussions with staff and has attempted to present different ideas for changing the zoning designation. Mr. Kennedy stated the opinion that residential is the best fit for the property and that affordable housing could be an option, noting the location of the Wabasso School to the south. Mr. Kennedy spoke about the DR Horton townhome development located across the street and said he feels there is precedence and that a change in zoning would be contiguous with the area. Mr. Kennedy said the requested change would be a lower density use than general commercial and asked the commissioners_ to support the request. M'r.''Chris'Marine, Esq. with Gould, Cooksey, Fennell spoke and said he'rep resents the property owners who were also present.Mr. Marine said the subject property was formerly used as a citrus grove and has been owned in Trust for over 40 years. Mr. Marine said he believes the property's lack of development is due to an incorrect zoning designation and stated some reasons why he disagrees with staff's analysis. Mr. Marine said there is no intention for commercial development. Mr. Marine noted that the property on US Highway 1 across from the subject property, Orchid Reserve, is a new residential development by DR Horton Homebuilders. Mr. Marine concluded by asking the commissioners to grant the request. Mr'. Donald C. Proctor of 218 Rudder Rd. was present and said he has been an Indian River County resident for over 50 years and has built many residential units in IRC. Mr. Proctor said there are people who work in IRC who can't afford to live here and this development may create some affordable housing options. Mr. Proctor also said residential development would be a good buffer for the adjacent Wabasso School and asked for the commissioner's support in granting the request. Chairman -,D 'asked if there were any commissioner` questions. Mr. Reams asked for some clarification of the property location. Mr. Stewart asked how many schools in IRC are located in a commercially zoned district. Mr. Baiter said he did not know a number but said it was allowable. In reference to multi -family being allowed in the zoning of CG and underlying`CI land use designations, Mr. Baiter said multi -family is only allowed in the General Commercial zoning district as an accessory to a permitted commercial use and must be accessory to PZC Meeting Minutes 10 November 14, 2024 that use, therefore, a stand alone multi -family developmentwould not be allowed. Mr. Baiter said the Urban Service Boundary (USB) final recommendation report is currently in draft form. Mr. Baiter said the discussion directed by the BOCC recommended a look at the existing densities and intensities within the existing USB for properties which are correctly zoned for their uses, and does not take into account any rezoning of the subject parcels. Mr. Baiter explained he is the former SHIP program administrator and staff liaison to the Affordable Housing Advisory Committee and understands the need for affordability in our community. Mr. Baiter spoke about the Florida Live Local Act and said staff would support it at the subject location. Mr. Baiter said this was discussed as an option with the property owners because that is what staff could support within the criteria of the existing Comprehensive Plan. Mr. Baiter explained the purpose of node perimeters is to ensure compatibility and proper transition between use intensities. Ms. Prado clarified the exact language of the Comprehensive Plan Policy 1.43 as to what the commissioners may consider and upon what to base their determination. Mr. Proctor said e`'Wabasso school is a specialty school and gave the opinion that residential would be most appropriate for location next to the school. Mr. Proctor thanked the commissioners for their time. Ms. Prado asked Mr. Proctor if there was a reason the Live Local Act was not being used. Mr. Sweeney responded by saying Live Local is a site development application, not a rezoning request. Ms. Prado advised the commissioners that any testimony about potential future uses should not be taken into consideration and the only factor that should be taken into consideration is the most intensive use for the requested zoning district. Ms. Prado directed the commissioner's attention to the criteria outlined in section 902.12 of the County Code, subsection 3 Standards of Review, A through K. Mr. Stewart commented that he sees vacant land in the area of the subject parcel thatuseems unable to be put to good use. There being no further comment, Chairman Day closed the Public Hearing. Mr. Kennedy said the staff report indicated there were no offices in the surrounding area, but stated that is incorrect, and asked for it to be noted that Travis Whitfield's office is located across the street from the subject parcel. Ms. Mitchell made a motion to approve staff's request to deny the request for rezoning due to incapability with the Comprehensive Plan as indicated in the concluding statement of the staff report. Ms. Mitchell said she wanted to acknowledge staff's effort and she hopes the issues can be resolved between the applicant and staff. The motion failed for lack of a second. Mr. Stewart made a motion to recommend the BOCC approve the request. Mr. Stewart said he believed the change in zoning is compatible with surrounding area development and gave the opinion it was suitable for a transition in zoning. ,The motion was seconded by Mr. Landers. ON MOTION BY Jordan Stewart, SECONDED BY Chip Landers. OPPOSED by Beth Mitchell. The members voted (5-1) ,to recommend the BOCC approve the Request to Rezone Approximately ±22.28 Acres from CG, General Commercial PZC Meeting Minutes 11 November 14, 2024 bI 11 istrict to OCR, Office, Commercial, Residential District on this Quasi -Judicial matter. Commissioner Matters There were none. Planning Matters There were none. Attorney's Matters There were none. Adjournment There being no further business, the meeting was adjourned at 8:56pm. PZC Meeting Minutes 12 November 14, 2024 I A6 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Tikanich Jr., County Administrator Chris Balter, Planning & Development Services Director FROM: Cindy Thurman; Senior Planner, Long Range Planning DATE: December 4, 2024 RE: Consideration of an Ordinance of Indian River County, Florida Amending the Zoning Ordinance, and the Accompanying Zoning Map for Approximately ±5.55 Acres from CG, General Commercial District to CH, Heavy Commercial District (2004050052-97160) [Quasi -Judicial] It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of December 17, 2024. DESCRIPTION AND CONDITIONS The subject property consists of ±5.55 acres and is located between U.S. Highway 1 and Old Dixie Highway, immediately north of 71" Street (see Attachment 1). This area is characterized by a sparse mixture of commercial, industrial, and residential development. The applicant requests to rezone the subject property from CG, General Commercial District to CH, Heavy Commercial District. The purpose of this request is to secure zoning to develop the site for more intense commercial uses. The requested CH zoning designation is consistent with the subject property's C/I, Commercial/Industrial future land use designation. The applicant's justification statement states that the current CG zoning district "is too restrictive, limiting the property's potential for more intensive commercial development. The CH zoning aligns with the County's goals of promoting economic growth, job creation, and increased tax base." The request for CH zoning reflects the applicant's intent to capitalize on current market trends and to develop the property with uses that better respond to modern business demands in the area. Existing Land Use Pattern This area of the county is characterized by a mixture of commercial, industrial and a cluster of residential neighborhoods to the north at 73rd Street. The area south of the subject property is either vacant or more intense commercial and light industrial uses. 180 Zoning District Differences In terms of permitted uses, there are both similarities and differences between the existing CG district and the proposed CH district. The distinctions between these two zoning districts are best illustrated through their respective purpose statements, as outlined in the County's Land Development Regulations (LDRs). These purpose statements provide a clear framework for understanding the intent and scope of each district's allowable uses and development potential. The purpose statement are as follows: CG: General Commercial District. The CG, General Commercial District, is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services, or industrial uses. CH: General Commercial District. The CH, Heavy Commercial district, is intended to provide areas for establishments engaging in wholesale trade, major repair services, and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts. Analysis The following analysis is per Chapter 902: Administrative Mechanisms, Section 902.12(3), which states that all proposed amendments shall be submitted to the Planning and Zoning Commission, which shall consider such proposals in accordance with items (a) through (k) of Section 902.12(3). Item A - Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations (LDRs). Staff cannot identify any conflicts with the proposed rezoning and any of the land development regulations. CH, Heavy Commercial will introduce more intensive commercial activities. Item B - Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan. The goals, objectives, and policies outlined in the comprehensive plan are critical to guiding the County's development. Policies, in particular, serve as actionable commitments that direct how the County will shape and manage growth. These policies form the foundation for all land development decisions, ensuring that the County's planning efforts align with its long-term vision. While all policies within the comprehensive plan hold significance, certain policies are more directly relevant when evaluating rezoning requests. For this particular case, Future Land Use Element Policies 1.17, 1.18, and 1.43 are especially applicable. These policies provide specific guidance and criteria that must be carefully considered to ensure consistency with the County's development goals and the compatibility of land uses within the community. 0) 181 Future Land Use Element Policies 1.17 and 1.18 Future Land Use Element Policy 1.17 requires all commercial and industrial uses to be situated within the County's Urban Service Area. Additionally, Future Land Use Element Policy 1.18 permits a range of uses under the commercial/industrial land use designation, including business and personal services, retail, office, and storage/warehousing, subject to applicable zoning district regulations. Given that the subject property is located within the County's Urban Service Area, and the proposed CH, Heavy Commercial zoning district is intended to accommodate the types of uses permitted under the C/I land use designation, the requested rezoning is consistent with the intent of Future Land Use Element Policies 1.17 and 1.18. Future Land Use Element Policy 1.43 Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether or not a proposed zoning district is appropriate for a particular site. Below are the specific rezoning criteria from Policy 1.43, the CH zoning district, and staff determinations of how the criteria have been met in Table 1. Table 1 SUBJECT PROPERTY Proposed General Commercial CH Zoning District Review Criteria Meets Comments Criteria? 1. Along arterial roads and major Yes The property is at the northwest corner of US intersections Highway 1 and 71St Street. 2. Along Railroad Tracks Yes The property is adjacent to the FEC Railroad right-of-way, immediately across Old Dixie Highway. 3. Between General Commercial and Yes The property to the north is CG, General Industrial Areas Commercial and the property to the south is CH, Heavy Commercial. 4. Separated From Residential Yes The subject property does not abut residential Development development. The nearby properties in this location includes uses allowed in the CH and IL zoning districts such as vehicle and RV storage lots, outside storage of machinery and equipment, as well as welding and machine shops, tradesman contractor storage yards, warehousing and storage centers. Item C - Whether or not the proposed amendment is consistent with existing and proposed land uses. The subject property is designated as C/I, Commercial/Industrial on the Future Land Use Map. Since CH, Heavy Commercial zoning is permitted within the C/I land use designation, the 182 proposed rezoning is fully consistent with the property's Future Land Use Map designation. This alignment ensures that the proposed zoning district is in compliance with the County's long-term land use planning objectives. Item D - Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan. The subject property is located at the northwest corner of US Highway 1 and 71St Street. Item E - Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below the level adopted in the comprehensive plan. The proposed rezoning request's Traffic Impact Analysis (TIA) was reviewed and approved by Traffic Engineering Division staff. That analysis showed that all roadway segments within the area of influence would operate at an acceptable level of service with the most intense use of the property under the proposed zoning district. Item F - Whether or not there have been changed conditions which would warrant an amendment. The subject property is located at a major intersection, in an area that is in transition and suited for general or heavy commercial uses, particularly given the presence of CH to the south and CG to the north. Maintaining the pattern of intensity, concentrating the CH uses south, while maintaining appropriate zoning buffers between the residential areas to the north, ensures a balanced transition between commercial and residential uses. This context reinforces the suitability of the requested CH zoning for the subject property while maintaining the CG district to the north. Item G - Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation. Based upon the analysis conducted by staff, it has been determined that all concurrency -mandated facilities, including stormwater management, solid waste, water, wastewater, and recreation, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Per Indian River County LDRs, the applicant may be required to pay connection and other customary fees and comply with other routine administrative procedures. If approved, rezoning does not guarantee any vested rights to receive water and wastewater treatment service. As with all development, a more detailed concurrency review will be conducted during the development review process. As per section 910.07 of the County's LDRs, conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not development projects, County regulations call for the concurrency review to be based on the most intense use of the subject property allowed within the requested zoning district. 4 183 For commercial rezoning requests, the most intense use of a property varies with the zoning district. In the case of CG -zoned property, the most intense use (according to County LDRs) is retail commercial, with 10,000 square feet of gross floor area per acre. For the CH rezoning request, the most intense use is general industrial, with 20,000 square feet of gross floor area per acre. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: 2. Existing Zoning District: 3. Proposed Zoning District: 4. Most Intense Use of Subject Property Under Existing Zoning District: 5. Most Intense Use of Subject Property Under Proposed Zoning District: ±5.55 acres CG, General Commercial District CH, Heavy Commercial District 55,500 s.f. of Retail Commercial 111,000 s.f. of General Industrial Item H - Whether or not the proposed amendment would result in significant adverse impacts on the natural environment. The subject property proposed to be rezoned from CG to CH is vacant. Since the subject property does not contain any land designated by the State of Florida or the U.S. Federal Government as environmentally sensitive or protected land, such as wetlands or sensitive uplands, rezoning the site is anticipated to have no adverse impacts on environmental quality. When development is proposed for the subject site, a more detailed environmental analysis based on the site-specific development proposal will be conducted. Item I - Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern. The proposed amendment aligns with the comprehensive plan and surrounding zoning districts, promoting a logical and orderly development pattern. By facilitating compatible land uses, the amendment will contribute to a cohesive and well-planned transition between commercial and residential areas, ensuring sustainable growth while adhering to the County's long-term land use vision. This rezoning will support the efficient use of land and infrastructure, enhancing the overall functionality and character of the area. Item J - Whether or not the proposed amendment would be in conflict with the public interest and is in harmony with the purpose and interest of the land development regulations. Staff has not identified any adverse impacts to public welfare and finds that the request aligns with the purpose and intent of the land development regulations. The proposed amendment is consistent with established planning principles and supports the broader objectives of promoting orderly 5 184 growth and compatible land use. As such, the request is deemed to be in harmony with the County's regulatory framework and community development goals. Item K - Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment, such as police protection, fire protection, and emergency medical services. Based upon the analysis conducted by staff, it has been determined that all concurrency -mandated facilities, including police protection, fire protection, and emergency medical services, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. REQUIRED NOTICE For this project, staff was required to publish a legal advertisement in the newspaper, send out notice by mail to all property owners within 300 feet of the project site, and post a project notice sign at the project site. CONCLUSION The requested CH zoning district is compatible with the surrounding area and aligns with the goals, objectives, and policies of the Comprehensive Plan. Furthermore, it is consistent with the County's Land Development Regulations (LDRs). The subject property is situated in a location that is well- suited for commercial uses, including those permitted within the CH district, reinforcing its appropriateness for the proposed rezoning. This request supports the County's vision for balanced and strategic land use development. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from CG to CH. ATTACHMENTS 1. Existing Zoning Map 2. Existing Future Land Use Map 3. Rezoning Application 4. Ordinance R 185 ATTACHMENT 1 186 ATTACHMENT 2 t-TH ST 2 < L-2 } PSG OF CRO OBEACHLLC 3?3W406LYAIOC3Q'gCA.O N s J 73 C-2 __ fLJTN RD. �-JJ O _LL` -1 ST ST `� MER.3J90" 000963 RSO OF VERO BEACH LLC m i 3239WCi•�0?W4fs�i.0 .� '� o n _ L-1 L-2 60b n SUBJECT PROPERTY - CG to CH + L� 69TH STI N WMa TER - —BEACH.'-PD)— INFORMATIONAL MAPNOTASURVEY Future Land Use Map- 7155 U.S. Highway t Vero Beach. FL 32967 ;e 187 ATTACHMENT APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: RZON - aM9 0 l Un Current Owner Applicant (Contract Purchaser Agent Name: HF Properties, LLC. Same as Property Owner Mills, Short & Associates Complete Mailing Address: 979 Beachland Blvd. Vero Beach FI 32963 700 22nd Place, Suite 2C Vero Beach FL 32960 Phone #: (including area code 772-473-4185 772-226-7282 Fax #: (including area code E -Mail: Neii.hockenhull@northsouth.net Wmills@MillsShortAssociates.com Contact Person: Neil Hockenhull Wesley Mills, P.E. Si nature of Owner or A ent: `` Property Information Site Address: 7155 U.S. Highway 1, Vero Beach FL 32967 Site Tax Parcel I.D. #s: 393903000n0500000009 n Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: CG Existing Land Use Desi nation: C/1 Requested Zoning District: CH Total (gross) Acreage of Parcel: 5.55 Acreage (net) to be Rezoned: 5.55 Existing Use on Site: Vacant Proposed Use on Site: TBD THE APPLICANT MUST ATTEND A PRF. -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. 188 Indian River County Future Land Use Map Amendmeut/Rezoning Authorization Form TO: Planning Division Indian River County. 180127`h Street Vero Beach, FL 32960 FROM: 44.1 ATtESL.C.� (Property Owner) mlt��'�►cLrk�;? t :�. Property Tax I.D. #: 32 I 036pyOOS0000000 .0 Property Address: - JZ The undersigned is hereby authorized+: WOW +N14i S �, to act as agent and/or make application to Indian River County for the above refer ced property for the. following applications (please mark the appropriate box): o Future Land Use Amendment p( Rezoning STATE OF FLORIDA COUNTY OF INDIAN RIVER Date The foregoing instrument was acknowledged before me by means of physical presence or 0 online notarization, thisday of. f'� 20 Z by �E•4ck6=yC L Personally know CJ OR produced identification El (SEAL) NOTARY PUBLIC: Sign: Printed Name- WILLIAM 8. MILLS MY COMMISSION # GG 0%.240 Commission :Number. EXPIRES: APO 17, 2021 Bonded Thu Notary Pub[W Under AWN Commission Expiration - 3 189 Mills, Short 8 Associates CN X I STRUCTURAL § SURVEYING t ENVIRONMENTAL Cmr>r.^.anea w AuT"oia moev 30698 September 16, 2024 Mr. Christopher Baiter Chief of Long -Range Planning Community Development Department 1801 27th Street Vero Beach, FL 32960 Subject: IAF Properties, LLC. 7155 U.S. Highway 1, Vero Beach Florida 32967 Rezoning request and justification statement Dear Mr. Baiter: RECEIVED Q E P 17 26Z Indian River County Planning & Development Services Enclosed for your review and approval, please find the following items relating to the above referenced project: 1. Completed Rezoning Request (RZON) application ($3,000.00) 2. Concurrency Determination application ($150.00) 3. An electronic copy of the legal description of the property in Word format will be emailed to the appropriate County Staff 4. State of Florida Division of Corporations information regarding HF Properties, LLC. 5. Title Commitment for Title Insurance 6. Warranty Deed 7. Signed and sealed copy of the survey (a CAD file will be emailed to the appropriate County Staff) 8. Two Checks for payment of the aforementioned permit fees 9. Traffic Impact Analysis: N/A. Enclosed is a traffic statement. It has been our experience in the past applications that changes in zoning from CG to CH do not warrant the need for a traffic analysis, because the use assumptions for most common uses in CG and CH result are similar and do not result in an increase in traffic generation. Justification Statement: The applicant is seeking to rezone approximately 6 acres of land from General Commercial (CG) to Heavy Commercial (CH) to accommodate a more intensive commercial use. This rezoning request aligns with Indian River County's strategic goal of promoting economic growth and development. Compatibility with Surrounding Land Uses The subject property is strategically located, bordered by industrial and commercial uses, making the proposed Heavy Commercial zoning a suitable fit. The CH designation will allow for a broader range of commercial activities, enhancing the area's economic vitality. Alignment with Zoning Intent and Comprehensive Plan The current CG zoning is too restrictive, limiting the property's potential for more intensive commercial development. The CH zoning aligns with the County's goals of promoting economic growth, job creation, and increased tax base. The Indian River County Comprehensive Plan emphasizes the importance of supporting diverse economic development, and this rezoning will contribute to that vision. 190 Mr. Christopher Balter Page 2 of 2 September 16, 2024 Community Impact The proposed rezoning will attract new businesses, create jobs, and stimulate local economic growth, benefiting the community. The CH zoning will also allow for more flexible and adaptive reuse of the property, ensuring its long-term viability. Traffic Impact and Infrastructure A traffic statement has been prepared, analyzing the site under its most intense uses for both the current CG and proposed CH zoning classifications. The analysis indicates that the proposed Heavy Commercial development will generate similar traffic demand as the current General Commercial use, with potentially slightly less traffic due to the more efficient use of the property. Therefore, no significant increase in traffic demand is anticipated, and the existing infrastructure is sufficient to support the proposed development. Conclusion The proposed rezoning of 6 acres from General Commercial to Heavy Commercial is a strategic decision that promotes economic growth, job creation, and increased tax base. The CH zoning designation will facilitate the creation of a thriving commercial hub, benefiting the community and contributing to the County's long-term goals. We respectfully request that the Indian River County Planning and Zoning Board approve this rezoning application. We would like to thank you and the Long -Range Planning Staff for your time and assistance with'this rezoning application. If there are any further questions or a need for clarification, please do not hesitate to contact me. Sincerely, MILLS, SHORT & ASSOCIATES, LLC. J. Wesley Mills, P.E. Principal 191 HF PROPERTIES, LLC. INDIAN RIVER COUNTY TRAFFIC STATEMENT I. INTRODUCTION Mills, Short & Associates, was retained to prepare a traffic statement for the proposed rezoning for the subject site has been evaluated following the Indian River County Land Development Regulations. This analysis shows that the proposed rezoning from General Commercial District (CG) to Heavy Commercial (CH) on 6.0 acres of undeveloped land will not be expected to generate additional daily or peak hour traffic. Therefore, the proposed rezoning will be in compliance with the Indian River County Land Development Regulations. Please see below a comparison of traffic and net trip increase below. TRIP GENERATION LAND USE :: ITE CON f DAILY uw AM 6*4tlWT PM PEAK HOUR Shopping Center''` 112!El 37:0 per 1000 S.F. 2:87 4.09 General L' t Industrial: 110 4.87 Per 1,000S.F, 0.9.1 0.80 General Commercial District: FAR 0.23 Heavy Commercial District: FAR 0.50 ,�lllltlt/ * ITE Trip Generation Rates: ITE 11"' 11 EIV J. West No. 74145 �y : STATE OF �� lorida Registration No. 741,C3 p'., , • A Mitis.� �F•"�aR10,,P' Short 8 Associat,s• •• - NG,� Qvii. 1 S'7fluuv of 1 Su niNG i SwtnowENTA< " /.'//s7 t0NA1..�!, `0-'� CERTIFICATION OF AUTHORIZATION 306$$ 700 22nd Place, Suite 2C Vero Beach, Florida 32960 772.226.7282 1 192 ATTACHMENT 4 ORDINANCE NO. 2024 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY 5.55 ACRES LOCATED NORTH OF 71St STREET, EAST OF AND ADJACENT TO OLD DIXIE HIGHWAY, AND WEST OF AND ADJACENT TO U.S. HIGHWAY 1, FROM CG, GENERAL COMMERCIAL DISTRICT, TO CH, HEAVY COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: THAT PART OF THE SOUTH %i OF THE NORTHEAST/40F THE SOUTHWEST t/4 OF SECTION 3, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING EASTERLY OF OLD DIXIE HIGHWAY RIGHT-OF-WAY AND WESTERLY OF PRESENT U.S. HIGHWAY NO. 1 RIGHT-OF-WAY; LESS AND EXCEPT THAT LAND DESCRIBED IN OFFICAL RECORDS BOOK 92, PAGE 93 AND LESS AND EXCEPT THAT LAND DESCRIBED IN OFFICIAL RECORD BOOK 124, PAGE 540, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA PARCEL ID NUMBER: 32-39-03-00000-5000-00002.0 is changed from CG, General Commercial District to CH Heavy Commercial District. 193 ATTACHMENT 4 ORDINANCE NO. 2024 - 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. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this _ day of 52024. This ordinance was advertised in the Press -Journal on the 1 st day of December 2024, for a public hearing to be held on the 17th day of December 2024 at which time it was moved for adoption by Commissioner seconded by Commissioner and adopted by the following vote: Joseph E. Flescher, Chairman Deryl Loar, Vice Chairman Susan Adams, Commissioner Joseph H. Earman, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller BY Deputy Clerk: This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Jennifer W. Shuler, County Attorney APPROVED AS TO PLANNING MATTERS Christopher Balter, Planning & Development Services Director 194 12/17/2024 Item 11.A.6. HF Properties, LLC's. Rezoning Request from Description & Conditions • The property contains ±5.55 acres and is located between US Highway 1 and Old Dixie Highway immediately north of 71st street. • The purpose of this request is to rezone the property to CH, the Heavy Commercial district to develop the site with uses permitted in the CH district. This area of the County is characterized by a sparse mixture of commercial, industrial with residential development clustered to the north at 73rd Street. The area south of the subject property is either vacant or more intense commercial and light industrial in character. M- 1 12/17/2024 Item 11.A.6. ml, as CG, General Commercial District — Existing Zoning • Intended to provide for areas of development of general retail sales and selected service activities. • The CG zoning district is not intended to provide for heavy commercial activities, such as outside commercial service uses, or heavy repair services. • No outside storage is allowed. • Self -Storage in CG is limited to no more than 3 acres. :. t7 .. ��?,, 5{'"rte; y�` T�r'r1,s��`'-r..v��y � '� •� CH. Heavv Commercial Mil' P�1opo d'ioning Heavy Commercial Zoning District Intended to provide for establishments engaging in wholesale trade, major repair services and restricted light manufacturing activities. Provides for support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning conflicts. 1 �4_ 3 12/17/2024 Item 11.A.6. Rezoning Request is Consistent with C/1 Future land Use Designation • Part of an established Commercial/Industrial future land use node. • The Commercial/Industrial future land use designation is intended to provide areas for the development of industrial and commercial uses. • Located in areas with suitable levels of service and infrastructure for urban scale development. • Located along major transportation routes and separated from residential areas. • No Future Land Use Amendment change is proposed as part of this request. Analysis per Chapter 902.12 (3) A. In conflict with any applicable portion of the land development Meets Criteria No conflicts with the applicable land regulations? development regulations for the requested CH lllllllll�lllllllljl;oning designation are present. E. Generate traffic which would decrease levels of service iii' eets Cri rAlkil roadway segments within the area of adopted? influence would operate at an acceptable „ ,,..... under the proposed CH Zoning. I14- 4 Meets Criteria Future Land Use Element: Objective 1, Policies "fi x 1.17, 1.18 & 1.43. Nearby properties include uses permitted in CH and IL, industrial zoning districts. Consistent with Existing & Proposed Land Uses eets Criteria Proposed CL Zoning is consistent with the existing C/I, Commercial/Industrial FLU. (No Future Land Use Amendment change is rz,proposed as part of thl;.,,request). _,, tim. _gip _ ...,, ... , eets Criteria Property is at the northwest corner of U.S.. , . a_ .: � .� =R` ., h•- / Hiehwav 1 and 711t Street. E. Generate traffic which would decrease levels of service iii' eets Cri rAlkil roadway segments within the area of adopted? influence would operate at an acceptable „ ,,..... under the proposed CH Zoning. I14- 4 Analvsis per Chat r 902.12 (3) continued datailpri pnvirnnmpntal nnalvcia will hr rpnuirpd 11 purpose and interest of the land development regulations./ and finds that the request aligns with the I,/ purpose and intent of the land development K. Any other matters that may be deemed appropriate in review regulations. a Meets Cr eria All concurrency mandated facilities have and consideration of the proposed amendment such as police.. adequate capacity to accommodate the most protection, fire protection, and emergency medical services. -: intense use under the proposed zoning district '+ 12/17/2024 Item 11.A.6. Conclusion The requested CH zoning district is: • Compatible with the surrounding area 110/ • Consistent with the goals, objectives, and policies of the County's adopted Comprehensive Plan V/ • Is consistent with the County's Land Development Regulations V/ • Deemed suitable for CH zoning • Supported by Staff 1-/ • Planning and Zoning Commission Voted unanimously at their November 13, 2024 public hearing to recommend approval of CH zoning. 1,/ Recommendation Staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from CG to CH. M- 6 e 5 O -WA. fA' V � �-.: f, ( I A P -Z � -_:; aka, Lia . 1 ti WA ( k tic t i3 d 3 1 4 Lia . 1 ti WA tic a ROW d 3 1 4 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr. County Administrator FROM: Cindy Thurman; Senior Planner, Long Range Planning DATE: November 4, 2024 RE: Consideration of an Ordinance of Indian River County, Florida Amending the Zoning Ordinance, and the Accompanying Zoning Map for Approximately ±2.90 Acres from CL, Limited Commercial District to CG, General Commercial District (2005120295-96912) [Quasi -Judicial] It is requested that the following data presented herein be given formal consideration by the Board of County Commissioners at its regular meeting on December 17, 2024. DESCRIPTION AND CONDITIONS The subject property consists of±2.90 acres located at the southwest corner of 90i Street SW (Oslo Road) and 270i Avenue SW. The applicant requests to rezone the subject property from CL, Limited Commercial District to CG, General Commercial District. The purpose of this request is to secure the zoning necessary to develop the site with uses permitted in the CG zoning district. The requested CG zoning designation is consistent with the subject property's CII, Commercial Industrial future land use designation. The applicant's justification statement states that the current CL zoning district "only permits office uses and some limited retail uses and excludes uses such as drive-thru restaurants; construction/trades uses; storage or warehousing; boat, RV, and automotive/repair, and sales; and does not allow many other uses. Due to the changes in the economy and, employment practices and retail business services, the typical CL uses are not favorable for development and business opportunities. This site is surrounded by CG to the north, CL to the west, CL to the northwest, and RMH-6 to the east." The request for CG zoning reflects the applicant's intent to capitalize on current market trends and to develop the property with uses that better respond to modern business demands. Existing Land Use Pattern This area of the county is characterized by a diverse mix of commercial, residential, and multi- family land uses, particularly along the Oslo Road and 27th Avenue SW corridors. The subject 195 property is currently zoned CL, Limited Commercial, a designation generally applied to sites in this vicinity to meet the immediate commercial needs of surrounding residential neighborhoods. To the north, across Oslo Road, the zoning transitions to CG, General Commercial, indicating that the proposed rezoning would not be inconsistent with the broader development patterns in the area. The presence of CG zoning nearby supports the compatibility of the proposed change, aligning with the existing land use framework and contributing to the commercial vitality of this corridor. Zoning District Differences In terms of permitted uses, there are both similarities and differences between the existing CL district and the proposed CG district. The distinctions between these two zoning districts are best illustrated through their respective purpose statements, as outlined in the County's Land Development Regulations (LDRs). These purpose statements provide a clear framework for understanding the intent and scope of each district's allowable uses and development potential. The purpose statements are as follows: CL: Limited Commercial District: The CL, Limited Commercial District is intended to provide areas for the development of restricted commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents while minimizing the impact of such activities on any nearby residential areas. CG: General Commercial District. The CG, General Commercial District, is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services, or industrial uses. Analysis The following analysis is per Chapter 902: Administrative Mechanisms, Section 902.12(3), which states that all proposed amendments shall be submitted to the Planning and Zoning Commission, which shall consider such proposals in accordance with items (a) through (k) of Section 902.12(3). Item A - Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations (LDRs). Staff cannot identify any conflicts with the proposed rezoning and any of the land development regulations. Item B - Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan. The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions that the County will take in order to direct the community's development. As courses of action committed by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies 2 196 are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1. 17, 1.18, and 1.43. Future Land Use Element Policies 1.17 and 1.18 Future Land Use Element Policy 1.17 requires all commercial and industrial uses to be situated within the County's Urban Service Area. Additionally, Future Land Use Element Policy 1.18 permits a range of uses under the commercial/industrial land use designation, including business and personal services, retail, office, and storage/warehousing, subject to applicable zoning district regulations. Given that the subject property is located within the County's Urban Service Area, and the proposed CG, General Commercial zoning district is intended to accommodate the types of uses permitted under the C/I land use designation, the requested rezoning is consistent with the intent of Future Land Use Element Policies 1.17 and 1.18. Future Land Use Element Policy 1.43 Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether or not a proposed zoning district is appropriate for a particular site. Below are the specific rezoning criteria from Policy 1.43, the CG zoning district, and staff determinations of how the criteria have been met in Table 1. Table 1 SUBJECT PROPERTY Proposed General Commercial CG Zoning District Review Criteria Meets Comments Criteria? 1. Along arterial roads and major intersections Yes The property is located at the southwest corner of Oslo Road and 27'b Avenue SW. 2. Separated from residential development Yes Property remains separated by CL property and does not abut residentially zoned or used property. The closest RMH-6 property is on the east side of 2701 Avenue SW. 3. Separated from industrial areas Yes There are no industrial areas in the vicinity of the property - 4. Near retail and office areas Yes The property is within an established commercial node with other existing retail and office areas. Item C - Whether or not the proposed amendment is consistent with existing and proposed land uses. The subject property is designated as C/I, Commercial/Industrial on the Future Land Use Map. Since CG, General Commercial zoning is permitted within the C/I land use designation, the proposed rezoning is fully consistent with the property's Future Land Use Map designation. This alignment ensures that the proposed zoning district is in compliance with the County's long-term land use planning objectives. 3 197 Item D - Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan. The subject property is located at the southwest corner of Oslo Road and 27th Avenue SW. Oslo Road is classified as an urban principal arterial roadway and 27b Avenue SW is classified as an urban minor arterial on the County's thoroughfare plan. Item E - Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below the level adopted in the comprehensive plan. The proposed rezoning request's Traffic Impact Analysis (TLA) was reviewed and approved by Traffic Engineering Division staff. That analysis showed that all roadway segments within the area of influence would operate at an acceptable level of service with the most intense use of the property under the proposed zoning district. Item F - Whether or not there have been changed conditions which would warrant an amendment. The applicant, in their justification statement, notes that "due to shifts in the economy, employment practices, and retail business models, the permitted uses within the CL district are no longer conducive to viable development and business opportunities." The subject property is strategically located at a major intersection, in an area that is generally more suited for general commercial uses, particularly given the presence of CG zoning to both the north and west. Additionally, the area has already undergone parcel assemblage, further supporting the development of a cohesive commercial district. The proposed rezoning would concentrate CG uses near the intersection while maintaining appropriate zoning buffers between the residential areas to the west and south, ensuring a balanced transition between commercial and residential uses. This context reinforces the suitability of the requested CG zoning for the subject property. Item G - Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation. Based upon the analysis conducted by staff, it has been determined that all concurrency -mandated facilities, including stormwater management, solid waste, water, wastewater, and recreation, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Per Indian River County LDRs, the applicant may be required to pay connection and other customary fees and comply with other routine administrative procedures. If approved, rezoning does not guarantee any vested rights to receive water and wastewater treatment service. As with all development, a more detailed concurrency review will be conducted during the development review process. As per section 910.07 of the County's LDRs, conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are 4 198 not development projects, County regulations call for the concurrency review to be based on the most intense use of the subject property allowed within the requested zoning district. For commercial rezoning requests, the most intense use of a property varies with the zoning district. In the case of CL -zoned property, the most intense use (according to County LDRs) is retail commercial, with 10,000 square feet of gross floor area per acre. For the CG rezoning request, the most intense use is retail commercial, with 10,000 square feet of gross floor area per acre. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: 2. Existing Zoning District: 3. Proposed Zoning District: 4. Most Intense Use of Subject Property Under Existing Zoning District: 5. Most Intense Use of Subject Property Under Proposed Zoning District: ±2.90 acres CL, Limited Commercial District CG, General Commercial District 29,000 square feet of Retail Commercial 29,000 square feet of Retail Commercial Item H - Whether or not the proposed amendment would result in significant adverse impacts on the natural environment. The subject property proposed to be rezoned from CL to CG is vacant. Since the subject property does not contain any land designated by the State of Florida or the U.S. Federal Government as environmentally sensitive or protected land, such as wetlands or sensitive uplands, rezoning the site is anticipated to have no adverse impacts on environmental quality. When development is proposed for the subject site, a more detailed environmental analysis based on the site-specific development proposal will be conducted. Item I - Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern. The proposed amendment aligns with the comprehensive plan and surrounding zoning districts, promoting a logical and orderly development pattern. By facilitating compatible land uses, the amendment will contribute to a cohesive and well-planned transition between commercial and residential areas, ensuring sustainable growth while adhering to the County's long-term land use vision. This rezoning will support the efficient use of land and infrastructure, enhancing the overall functionality and character of the area. Item J - Whether or not the proposed amendment would be in conflict with the public interest and is in harmony with the purpose and interest of the land development regulations. Staff has not identified any adverse impacts to public welfare and finds that the request aligns with the purpose and intent of the land development regulations. The proposed amendment is consistent 5 199 with established planning principles and supports the broader objectives of promoting orderly growth and compatible land use. As such, the request is deemed to be in harmony with the County's regulatory framework and community development goals. Item K - Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment, such as police protection, fire protection, and emergency medical services. Based upon the analysis conducted by staff, it has been determined that all concurrency -mandated facilities, including police protection, fire protection, and emergency medical services, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. REQUIRED NOTICE For this project, staff was required to publish a legal advertisement in the newspaper, send out notice by mail to all property owners within 300 feet of the project site, and post a project notice sign at the project site. CONCLUSION The requested CG zoning district is compatible with the surrounding area and aligns with the goals, objectives, and policies of the Comprehensive Plan. Furthermore, it is consistent with the County's Land Development Regulations (LDRs). The subject property is situated in a location that is well- suited for commercial uses, including those permitted within the CG district, reinforcing its appropriateness for the proposed rezoning. This request supports the County's vision for balanced and strategic land use development. RECOMMENDATION Based on the analysis, Staff and Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from CL to CG. ATTACHMENTS 1. Existing Zoning Map 2. Existing Future Land Use Map 3. Rezoning Application 4. Draft Ordinance C, 200 ATTACHMENT 1 201 ATTACHMENT 2 -- -U L 1 _ =REC L F�M 9TN 5T SW (OSLO RDj � N 6B6 t 607 WH R SUBJECT PROPERTY � `- CL to CG a F' err, i INFORMATIONAL MAP NOTA SURVEY Future Land Use Map - 2805 9'h St SW & 955 27b Ave SW Vero Beach 32968 e xw..ar..rwrr....w. 202 ATTACHMENT APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: RZON - Current Owner Applicant (Contract Purchaser Agent Name: KENNEDY OSLO 27, LLC Schulke, 81ttle & Stoddard, LLC Complete Mailing Address: Po BOX 643860, VERO BEACH, FL 32964 ImindmnrmwBKSUrosot,Voroft&CKFLMM Phone(including area code) {772)473-2521 772-770-9622 Fax #: (including area code) 772-770-9496 E -Mail: tkennedy@proctorkennody.com gbarkett@sbsengineers,com Contact Person: Thomas "T.P." Kennedy Geoffrey Barkett Si ature of Owner or A ent: A-1 PropeiU Information Site Address: 2806 9TH ST SW and 965 27TH AV SW, VERO BEACH, FL 32968 Site Tax Parcel I.D. #s: -333i�898A�99�89999S.B-a�1-�33�99A4� A8�49 ^�� Subdivision Name, Unit Number, Block and Lot Number (if applicable) NIA Zoning District: CL Existing Land Use Desi nation: Cil -Existing Requested Zoning District: CG Total(gross) Acr a of Parcel: 2.73 Acreage net to be Rezoned: 2.90 Existing Use on Site: Vacant Proposed Use on Site: Commercial Subdivision THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. 203 REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. ITEMS Applicant's Checklist Staff Checklist 1. Fee: $3,000.00 x 2. Completed Rezoning Application Form front page) x 3. Letter of Authorization from Current Owner(s) X OR Current Owner is Applicant 4. Verified statement (separate letter) naming every X individual or entity having legal or equitable ownership in the property. 5. One 1 Copy of the current Owner's Deed x 6. A Current Owner's Title Policy X OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownership of the property. 7. A justification of change statement and detailed X intended use 8. One (1) SEALED boundary survey of the area to be X rezoned. The boundary survey shall include, but not be limited to the following: Approved preliminary plat e a legal description of the land to be rezoned Lot 1, 2 and 4 a the size of the land to be rezoned a the public road right-of-way width of adjacent roads; and • a north arrow 9. Electronic version (MS Word is preferable) of the X legal description 10. Provide a digital map file of the boundary Survey X provided in Item 8 above in either AutoCAD (.dwg) or Esri Shape file (shp) format. 11. Copy of Approved Concurrency Certificate X OR Copy of fled application for Concurrency Certificate including traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: September 19, 2022 FACommunity DeveiopmemMPPLICAMNS\Comp. Plan and Rezoning applicationArezoningrequestform - Updated 202I.docx 204 Indian River County Future Land Use Map Amendment/Rezoning Authorization Form TO: Planning Division Indian River County 180127' Street Vero Beach, FL 32960 FROM: (Property Owner) Property Tax I.D. #: Property Address: KENNEDY OSLO 27, LLC 33392700001001000008.0 and 33392700001001000001.1 2805 9TH ST SW and 955 27TH AV SW, VERO BEACH, FL 32988 The undersigned is hereby authorized Schulke, BItde & Stoddard, LLC to act as agent and/or make application to Indian River County for the above referenced property for the following applications (please mark the appropriate box): o Future Land Use Amendment * Rezoning Thomas "T.P." Kennedy -:� 1 Owners Name (Print) Date STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of 12hysical presence or 13online notarization, this 1 U day of 1 , 20 Z. by T U ► Personally know ❑ OR produced identification (SEAL) NOTAR -PUBLIC: Sign:- APoy#'& LAUREN F. HAMILiOM Printed Name �-�, ► r`I al iknI * *C*nWssW # HH 341002 cr�4� Does February 7, 20V Commission Number: H Commission Expiration. 205 ORDINANCE NO. 2024 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±2.90 ACRES LOCATED SOUTHWEST CORNER OF 9TH STREET SW (OSLO ROAD) AND 27TH AVENUE SW, APPROXIMATELY 2 MILES WEST OF HIGHWAY US 1, FROM CL, LIMITED COMMERCIAL DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: PARCEL 1 A PARCEL OF LAND LYING IN TRACT 1, SECTION 27, TOWNSHIP 22 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY FILES IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE, COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LANDS NOW LYING AND BEING INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 27; THENCE S00° 11'29"W ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 205.61 FEET; THENCE LEAVING SAID LINE, RUN N89°48'31 "W A DISTANCE OF 60.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 27TH AVENUE; THENCE ORDINANCE NO. 2024 - CONTINUE N89°48'31 "W, A DISTANCE OF 202.78 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; FROM SAID POINT OF BEGINNING RUN S00012'30"W, A DISTANCE OF 172.22 FEET TO A POINT; THENCE RUN N89038'41"W; A DISTANCE OF 104.49 FEET TO A POINT; THENCE RUN N35031'21'VV, A DISTANCE OF 114.54 FEET TO A POINT; THENCE RUN N0001228"E, A DISTANCE OF 255.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF OSLO ROAD (PUBLIC ROAD RNV WIDTH VARIES); THENCE RUN S89044'48"E ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 107.69 FEET TO A POINT; THENCE LEAVING SAID LINE RUN S00012'30"W, A DISTANCE OF 175.89 FEET TO THE SAID POINT OF BEGINNING. SAID LAND CONTAINS APPROXIMATELY 1.30 ACRES (56525.68 SQ./FT.), MORE OR LESS. PARCEL 2 A PARCEL OF LAND LYING IN TRACT 1, SECTION 27, TOWNSHIP 22 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY FILES IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE, COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LANDS NOW LYING AND BEING INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 27; THENCE S00' 1129"W ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 205.61 FEET; THENCE LEAVING SAID LINE, RUN N89*48'3 FW TO THE WEST RIGHT-OF-WAY LINE OF 27TH AVENUE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE FROM SAID POINT OF BEGINNING RUN S00° 11 '29"W, ALONG THE SAID WEST RIGHT-OF-WAY LINE OF 27TH AVENUE, A DISTANCE OF 172.80 FEET TO A POINT; THENCE LEAVING SAID LINE RUN N89°48'31 "W, A DISTANCE OF 202.83 FEET TO A POINT; THENCE NO°12'30"E, A DISTANCE OF 172.22 FEET TO A POINT; THENCE N89°38'41 "W, A DISTANCE OF 202.78 FEET TO THE SAID POINT OF BEGINNING. SAID LAND CONTAINS APPROXIMATELY 0.80 ACRES (34986.42 SQ./FT.), MORE OR LESS. PARCEL 3 A PARCEL OF LAND LYING IN TRACT 1, SECTION 27, TOWNSHIP 22 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY FILES IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE, COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LANDS 207 ORDINANCE NO. 2024 - NOW LYING AND BEING INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 27; THENCE S00° 11'29"W ALONG THE EAST LINE OF SAID SECTION 27, A DISTANCE OF 205.61 FEET; THENCE LEAVING SAID LINE, RUN N89048'3 FW TO THE WEST RIGHT-OF-WAY LINE OF 27TH AVENUE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE FROM SAID POINT OF BEGINNING CONTINUE N89°48'3 FW, A DISTANCE OF 202.78 FEET TO A POINT; THENCE N0012'30"E, A DISTANCE OF 175.89 FEET TO THE SOUTH RIGHT-OF-WAY OF OSLO ROAD (PUBLIC ROAD RIGHT-OF- WAY WIDTH VARIES); THENCE S89044 -48"E ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE A DISTANCE OF 162.73 FEET TO A POINT; THENCE LEAVING SAID SOUTH LINE RUN S44046'40"E, A DISTANCE OF 56.60 FEET TO THE SAID WEST RIGHT-OF- WAY LINE OF 27TH AVENUE; THENCE SO°11'29"W ALONG SAID LINE, A DISTANCE OF 135.67 FEET TO THE SAID POINT OF BEGINNING. SAID LAND CONTAINS APPROXIMATELY 0.80 ACRES (34840.93 SQ./FT.), MORE OR LESS. is changed from CL, Limited Commercial District to CG General Commercial District. 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. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this _ day of , 2024. This ordinance was advertised in the Press -Journal on the 1st day of December 2024, for a public hearing to be held on the 17th day of December 2024 at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Joseph E. Flescher, Chairman Deryl Loar, Vice Chairman Susan Adams, Commissioner Joseph H. Earman, Commissioner Laura Moss, Commissioner 208 ORDINANCE NO. 2024 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller BY Deputy Clerk: This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Jennifer W. Shuler, County Attorney APPROVED AS TO PLANNING MATTERS Christopher Balter, Planning & Development Services Director 209 12/17/2024 Item 11.A.7. Indian River County Board of County Commissioners December 17, 2024 Kennedy Oslo 27 LLC 's. Rezoning Request from Description & Conditions • The property contains +2.90 acres and is located at the southwest corner of 9th Street and 27th Ave. SW. • This area of the County features a blend of commercial, warehousing, residential and undeveloped commercial land all lying within the Urban Service Area. This property is currently zoned CL, Limited Commercial District. • The purpose of this request is to obtain the CG, general commercial zoning district to develop the site with uses allowed in CG, such as drive through restaurants, construction/trade uses, storage and or warehouse under certain criteria, boat, RV and automotive and repair services. • The surrounding land use pattern consists of a mixture of commercial, residential, and multifamily land uses, particularly along the Oslo Road and 27th Avenue SW Corridors. Z01 - 1 12/17/2024 Item 11.A.7. Future =end �[ e :a , • REC 6 - J ZT Sl B1ECl PROPERTY �'.. - CL to CC.-- w y j 1 fi 77 .. •�.,. nti wlP-wiR wmrtr Futuro Land USC Map Future =end the Map j1_ , • REC ZT Sl B1ECl PROPERTY �'.. - CL to CC.-- y j 1 77 .. •�.,. nti wlP-wiR wmrtr Futuro Land USC Map 12/17/2024 Item 11.A.7. CL, Limited Commercial District — Existing Zoning • Intended to provide for areas of development of restricted commercial activities. • The intended to accommodate the convenience retail and service needs or area residents while minimizing the impact of such activities on any nearby residential areas. • No drive throughs are permitted. • No outside activities or storage is permitted. W ti Y y.,u`r`�'fb9 �Rs34SL �g� C CG, General Commercial District - Proposed Zoning • Intended to provide for development of general retail sales and selected activities. • The CG zoning district is not intended to provide for heavy commercial activities, such as outside commercial service uses, or heavy repair services. • No outside storage is allowed. • Self -storage in CG is limited to no more than 3 acres. A 3 12/17/2024 Item 11.A.7. Rezoning Request is Consistent with C/1 Future Land Use Designation • The Commercial/Industrial future land use designation is intended to provide areas for the development of commercial and industrial uses. • Located in areas with suitable levels of service and infrastructure for urban scale development. • Part of an established Commercial/Industrial future land use node. • No Future Land Use Amendment change is proposed as part of this request. Analysis per Chapter 902.12 (3) A. In conflict with any applicable portion of the land development Meets Criteria No conflicts with the applicable land regulations? development regulations for the requested CG Aft'Wriing designation are present. with Existing & Proposed Land Us4 E. Criteria Future Land Use Element: Objective 1, Policies 1.17, 1.18 & 1.43. The property remains / eparated by CL property and does not abut !J;esidentially zoned or used property. CriteriaProposed CL Zoning is consistent with the existing C/I, Commercial/Industrial FLU. (No ,r Future Land Use Amendment change is Criteria Property is at the southwest intersection of Oslo Road and 271h Avenue SW / " s Cri riall roadway segments within the area of influence would operate at an acceptable LOS under the proposed CG Zoning. 201. 4 Analvsis Der Cha F. Subject to changed conditions exist that warrant an amendment? G. Would decrease levels of service established for sanitary sewer, pota Size of Area to be rez Existing CL Zoning District:�"�� Proposed CG Zoning District Most intense under Existing �f. Most intense under Proposed 12/17/2024 Item 11.A.7. 31 continued Meets Criteria Economic conditions have transitioned this area to be ,2.90 acr Limited Commercial district 10,000 S.F. of floor area per acre General Commercial district 10,000 S.F. of floor area per acre 29,000 square feet of Retail Commercial mill r1� � - 000 square feet of Retail Commercial Analvsis Der Chaster 902.12 (3) continued enVironmerit. more conducive for uses allowed within the CG district / due to the presence of existing CG zoning to the south. MeetsCrrtena The applicant may be required to pay connection and customary fees. A more detailed concurrency review will determined. be conducted during the development review process. ,2.90 acr Limited Commercial district 10,000 S.F. of floor area per acre General Commercial district 10,000 S.F. of floor area per acre 29,000 square feet of Retail Commercial mill r1� � - 000 square feet of Retail Commercial Analvsis Der Chaster 902.12 (3) continued enVironmerit. detailed environmental analysis will be requir" when the site-specific development proposal i' determined. l ResulE in the orderly and logical dev� � � �elopment pattern, ria Meets Criteria The proposed amendment aligns with the men ent gn specifically identifying any negative effects on such pattern Comprehensive Plan and the surrounding land so ,� use a.:. with the` `' ` eets Criteria' Staff fou n 11 a pacts to public welfare purpose and interest of the land development regulations. % and finds that the request aligns with the Y purpose and intent of the land development regulations. K. Any other matters that may be deemed appropriate in review Meets Cr eria All concurrency mandated facilities have and consideration of the proposed amendment such as police adequate capacity to accommodate the most protection, fire protection, and emergency medical services. intense use under the proposed zoning district. 5 12/17/2024 Item 11.A.7. Conclusion The requested CG zoning district is: • Compatible with the surrounding area V/ • Consistent with the goals, objectives, and policies of the County's adopted Comprehensive Plan • Is consistent with the County's Land Development Regulations Y/ • Deemed suitable for CG zoning • Supported by Staff • Planning and Zoning Commission Voted unanimously at their November 14, 2024 public hearing to recommend approval of CG zoning. r/ Recommendation Staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from CL to CG. M ' 6 91 M \ I\ d « . G, flo\ Q « ? } 2?\ & w, » Y°l�. y2 \ \ :��w<::.« Mow .� , " I -S » ? »: \2\ G{& \ \ \\i\\}?I lSIT . G, flo\ Q « ? } 2?\ & w, » Y°l�. y2 .� , " I -S » ? »: \2\ G{& \ \ \\i\\}?I lSIT ., & .» ..�.e� ; <4 John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Office of the INDIAN RIVER COUNTY ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr. County Administrator PREPARED BY: Kristin Daniels Director, Management & Budget DATE: November 21, 2024 SUBJECT: American Rescue Plan Act of 2021 — Proposed Spending Plan Revisions BACKGROUND: On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act of 2021. The American Rescue Plan (ARP) as it is normally referred to, is a COVID-19 stimulus package that was intended to speed up the United States' recovery from the negative health and economic impacts of COVID-19. Indian River County received $31,063,168 in ARP funding. The County has until December 31, 2024 to encumber the funds, and until December 31, 2026 to fully exhaust all funding. ANALYSIS: The following table shows the proposed spending revisions per category. Spending Plan Expense Category Current Budget Proposed Revisions Revised Budget Respond to the Public Health Emergency $3,829,615 $500,000 $4,329,615 Workers Performing Essential Work $918,841 $0 $918,841 Reduction in Revenues $8,344,494 ($500,000) 1 $7,844,494 210 Water/Sewer or Broadband Infrastructure $12,475,257 $0 $12,475,257 Constitutional Officer $5,494,961 $0 $5,494,961 Expenses Total $31,063,168 $0 $31,063,168 Respond to the Public Health Emergency During the height of the pandemic, the County offered various housing, downpayment, and rehabilitation assistance programs funded with ARP dollars. The County had previously earmarked $500,000 in ARP funding towards construction assistance for the Gifford Gardens project with Habitat for Humanity. Staff proposes reducing the Reduction in Revenues (Road Resurfacing & Restriping) category by $500,000 to fund this obligation. The revised budget of each spending category is listed in the table above. RECOMMENDATION: Staff recommends that the Board consider the proposed spending plan (see attachment) as further detailed above totaling $31,063,168, consider any changes, and approve the attached plan with any amendments as needed. Staff further proposes that any unencumbered funds in the proposed categories remaining as of December 23, 2024 be reallocated to Reduction in Revenues/Road Resurfacing and Restriping category in order to ensure all funds are encumbered by the December 31, 2024 deadline. ATTACHMENTS: ARP Proposed Spending Plan 211 a ^L W N 4, U Q CL Q C f0 a a� U H d �L 4l E Q C 7 O U d f0 C V 00 Lr1 r-1 M Ln tri u} ni c Lo o O ri f0 M � C Q O O � Lf) O c Q O v u O Ln F - N N w 00 0 0 0 0 Lo O O O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 a Ln Ln VT v? 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Ol ar r0 0 3 cc3 N N ton, A;L Administrator's Matters V El? C Office of the INDIAN RIVER COUNTY * * ADMINISTRATOR John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Nancy Bunt, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Kathy Copeland, Legislative Affairs and Communications Manager DATE: December 17, 2024 SUBJECT: 2024 Legislative Priorities Background & Discussion The Florida Legislature completed an organizational session, and all committee meetings scheduled for 2024 were completed on December 13'. Additional committee meetings will be held in January and February of 2025 with the Regular Session starting at noon on Tuesday, March 4, 2025. The Florida Association of Counties (FAC) and the Small County Coalition have both completed the process to identify the priorities for the 2025 Legislative Session. Several of you were able to attend the recent FAC Legislative Conference where the submitted policies were debated and voted on. Those policies supported by their respective committee votes will serve as the overarching guiding principles for the 2025 Legislative Session statewide. Today you are being provided proposed policy issues and appropriation requests, as well as a list of issues that staff will be monitoring at the federal level. Because members of the Board are not permitted to discuss these issues with one another privately, it is important for a discussion to occur in this forum so staff can get a sense of the Board 213 Administrator's Matters regarding priorities for this Session. Many of the issues are described broadly by design, allowing staff to pivot depending on the actual language in a proposed legislative bill filed for consideration. A Legislative Program will be posted on the website prior to the start of the 2025 Legislative Session. Staff Recommendation Provide direction to staff regarding identified legislative policy issues and priorities. Attachment: Draft legislative policy issues and appropriations requests. 214 .. . ... ... . ... ..... ..... ..... .... � .... .... .... . \ \ \ ' .. : .. . ! r .. .... .. .:: . . . . . . . ... :. . w.:. ...,.....«, . -je)- ll;-+ �d- 0 i .. 1 3 Nk, X} ki �vEIt Ct Office of the INDIAN RIVER COUNTY ADMINISTRATOR oato'* John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Nancy A. Bunt, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr., ICMA-CM, County Administrator DATE: December 10, 2024 SUBJECT: City of Vero Beach — Revised and Updated Request for County Funding for the Humiston Project Background & Discussion At the December 3 d BOCC regular meeting, following its unanimous support to participate in the Humiston project, more specifically Alternative 3 (Concrete Sidewalk) as selected by the City of Vero Beach City Council, the Board directed me to meet with City Manager Monte Falls to discuss the project and the County's support. City Manager Falls and I met on Wednesday, December 4th to further discuss the project. City Manager Falls agreed to resubmit a revised and updated cost estimate for the project. Please note the previous project estimate was developed in September 2023. We also discussed the shade structures and the lifeguard tower. The City Manager shared the City would not include the lifeguard tower in the resubmittal. We also discussed the project design, engineering, and construction schedule, and we discussed potential phasing of the project. Lastly, we discussed funding participation by the County. The revised and updated submitted project table below provides updates estimated pricing, including two pavilions, and an ADA Ramp. The ADA Ramp was not previously mentioned but was included in the prior submitted alternatives. The ADA ramp is an addition to what previously existed at Humiston, and it will create access and enjoyment options for our physically impaired residents and tourists to enjoy the beach. The pavilions will provide shade and respite for seniors, infants, and those in need of a break from the sun while enjoying the oceanfront and the Atlantic Ocean. 215 I recommend the Board participate in a manner that clearly defines a maximum contribution toward the Humiston project, and to that end the below is submitted for the Board's consideration. Indian River County Board of County Commissioners will contribute up to $400,000 or 50% of the Humiston project (Alternative 3) less any federal, state, or private grant, reimbursement, or appropriation, whichever is less. Based on the Board's decision to not use Tourist Development Tax revenues consistent with its Outside Agency Funding Policy, staff recommends use of General Funds undesignated fund balance and will process a budget amendment at the appropriate time based on the participation amount and or percentage determined by the Board. Staff Recommendation Staff recommends the Board consider and determine their level of funding participation for the Humiston Boardwalk replacement project. Direct the County Attorney to draft a project participation agreement outlining the Board of County Commissioners' commitment and participation in the Humiston project. 216 Alternative 3 Concrete Sidewalk Item Description Quantity Unit Cost Cost 1 Mobilization/Demobilizatr�Nr 't 1 LS $30,000 LS $30,000 2 Concrete Sidewalk 531 SY $130 /SY $68,972 3 Dune Overwalks 1360 SF $150 /SF $204,000 4 ADA-Ramp 900 SF $150 /SF V, 'fiOQ 5 tion Plant $3 /Plant ;333 6 Sande Grading 240 Ton $50 Tore: $12,000 7 Site Restoration 1 LS $20,000 LS $20,000 Two Wooden Pavillis 2 EA 000 /FA $80,000 Subtotal: $579,306 cy: 30% � x.73, 79922 qftkftn fitting, "':phase: 8% X TOW:. 1 "13;, 45 I recommend the Board participate in a manner that clearly defines a maximum contribution toward the Humiston project, and to that end the below is submitted for the Board's consideration. Indian River County Board of County Commissioners will contribute up to $400,000 or 50% of the Humiston project (Alternative 3) less any federal, state, or private grant, reimbursement, or appropriation, whichever is less. Based on the Board's decision to not use Tourist Development Tax revenues consistent with its Outside Agency Funding Policy, staff recommends use of General Funds undesignated fund balance and will process a budget amendment at the appropriate time based on the participation amount and or percentage determined by the Board. Staff Recommendation Staff recommends the Board consider and determine their level of funding participation for the Humiston Boardwalk replacement project. Direct the County Attorney to draft a project participation agreement outlining the Board of County Commissioners' commitment and participation in the Humiston project. 216 12/10/24, 8:29 PM Mail - John Titkanich - Outlook Outlook Fw: Revised Estimate Alternative 3 Concrete Sidewalk From John Titkanich <jtitkanich@indianriver.gov> Date Mon 2024-12-09 4:26 PM To Laura Moss <Imoss@indianriver.gov> 1 1 attachment (159 KB) Alternative 3 Cost Breakdown.JPG; #PublicService=CustomerService John A. Titkanich, Jr., ICMA-CM County Administrator Indian River County 1801 27th Street, Bldg. A Vero Beach, FL 32960 Phone: (772) 226-1408 Mission: Dedicated to Indian River County through Service Excellence! PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from County officials regarding county business are considered to be public records and will be made available to the public and the media upon request. Your email messages and email address may, therefore, be subject to public disclosure. From: Falls, Monte <MFalls@covb.org> Sent: Thursday, December 5, 2024 9:54 AM To: John Titkanich <jtitkanich@indianriver.gov> Subject: Revised Estimate Alternative 3 Concrete Sidewalk CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. John, Based on our December 4, 2024 discussion, I am sending you a revised estimate for the concrete sidewalk alternative. This estimate does not include the standalone lifeguard tower. It does include the two wooden shade pavilions. This estimate is for the conceptual plan and not a final design. Please let me know if you need anything else. '% https://outlook.ofrice365.com/mail/id/AAQkAGZhMTYyNWElLTdlMzUtNDIkMS1iZTQ4LTM2N2UyNTY4ZjYzYQAQAFt8eHG7xEc4gD87zlj4E;li1. 3D 112 12/10/24, 8:29 PM Monte Monte K. Falls, P.E. City Manager City of Vero Beach 772-978-4710 Mail - John Titkanich - Outlook Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. https://outlook.office365.com/mail/id/AAQkAGZhMTYyNWElLTdlMzUtNDIkMS1 iZTQ4LTM2N2UyNTY4ZjYzYQAQAFt8eHG7xEc4gD87zlj4ERA%3D 2/2 � n;r� � s, s �w • •E ss • w � w � a� re 't 4 • � w erer 4 • 4 ��'� a vy �o INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Parks Division Date: December 1, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Brad Dewson, Parks Superintendent Subject: 2023-2024 Parks, Recreation & Conservation Department Project Update: Parks Division BACKGROUND: This informational item has been prepared to provide the Board and the public with a summary of projects completed by the Parks Division during the 2023-2024 fiscal year. It is our goal to continue to use a strategic approach to planned improvements to our parks that is based on the direction provided by the Board through the Capital Improvement Element of the Comprehensive Plan. In addition to physical improvements to the parks, staff has been working to finalize the Parks Master Plan which will be presented to the Board for approval in February. It is the goal of staff for this Plan to provide a roadmap for the development of integrated and innovative park amenities that will result in enjoyable park experiences and serve the needs of residents and visitors well into the future. The engagement and input of the public through online tools and public meetings has helped to create a plan that responds to all ages and interests of our community. This past year was a period where many new facilities and improvements to existing facilities were completed to benefit the public. The tables below provide a summary of projects that were completed in Fiscal Year 2023-2024. In addition, staff is providing a summary of projects that are underway, and projects that are planned for completion in Fiscal Year 2024-2025. Parks Division Projects Competed in FY 2023-2024 Project Work Completed Hosie Schumann Park Construct new restroom, parking, and replace basketball court Kiwanis Hobart Park New restroom and connection to sewer Round Island (Riverside & Oceanside), Septic to sewer improvement &Treasure Shores Parks Treasure Shores, Round Island Oceanside & Replaced playgrounds Golden Sands Parks MLK Park Replaced sidewalks Dick Bird Park New disc golf course West Wabasso Park Improvements to the walking trail, concession stand, restrooms, pavilions and entry gate 220 Donald MacDonald Campground Resurfaced roadways Middleton's Fish Camp Park Dock replacement Fairgrounds Opened the campground for public year-round use, upgraded lighting in parking area (energy Kiwanis Hobart Park Lakeside efficiency) and upgrade the AG pavilion roof and Victor Hart Park Sr. Community Park skylights Helen Hanson Park New playground Donald MacDonald Campground Replaced boat ramp docks & Dale Wimbrow Park gr ant Improved Aesthetics at Beach Access Sites Remove invasive species and replanting with native species Golden Sands Beach Park Resurfaced parking lot Planned Parks Division Projects for FY 2024-2025 Project Work To Be Completed Tracking Station Beach Park Septic to sewer MLK Park Tour Through Time Educational signage, video & brochure ant funded Kiwanis Hobart Park Lakeside Septic to sewer Victor Hart Park Sr. Community Park New restroom/concession stand including septic to sewer updgrade West Wabasso Park Replace playground (partially funded by FRDAP gr ant Fran Adams Park New restrooms building and expansion of restrooms at concession stand; replace ballfield fencing Dick Bird Park/IG Center New exercise station, pavilion, walking trail; replace ballfield fencing Trans Florida Rail Trail Boardwalk replacements Jackie Robinson Training Complex Design conceptual plan and install passive park amenities All County Parks New signage to provide improved park safety & use Fairgrounds New OF/IFAS office; repair parking and new marquee sign Victor Hart Sr. Community Enhancement Playground replacement Complex Treasure Shores Beach Park Repair parking area Wabasso Causeway Park Design & permitting of parking lot and boat ramp improvements APPROVED AGENDA ITEM FOR DECEMBER 17, 2024 221 14 Office Of Attorney's Matters 12/17/2024 INDIAN RIVER COUNTY - ATTORNEY Jennifer W. Schuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Susan J. Prado, Deputy County Attorney DATE: December 9, 2024 SUBJECT: Counteroffer for a Parcel of Right -Of -Way Located at 7950 66th Avenue, Vero Beach, FL 32967 Parcel 128 Owned by Orville L. Ganbin, III, and Kelly L. Jackson On December 7, 2021, the Board of County Commissioners extended an unconditional offer to Orville L. Ganbin, III and Kelly L. Jackson (Ganbin/Jackson) to purchase property needed for right-of-way at the northern end of the 66th Avenue Improvement Project, Phase II. You may recall Ganbin/Jackson own a 2 -acre parcel of property that lies on the east side of 66th Avenue between 77th and 81St Streets. This site is rectangular in shape. The property is located outside the urban service boundary and is zoned A-1, Agricultural, up to one unit per five acres and is improved with a single-family residence. The County needs a 0.08 -acre triangle shaped parcel to be used as right-of-way for the 66th Avenue project. The right-of- way parcel has 210.02 feet of frontage along 66th Avenue and is 25 feet wide at its deepest point on the north property line. An aerial photo of the parent parcel and sketch of the part to be taken are attached to this memorandum. The Ganbin/Jackson parcel is the only unresolved case in the 66th Avenue project. Staff had an updated appraisal of the property completed on May 26, 2022, by Armfield and Wagner. That appraisal establishes the value of the partial taking to be $5,400.00 which equates to a land value of $67,500 per acre, plus $3,000 for the estimated value of improvements placing the just compensation for the parcel at $8,400. A copy of the appraisal is available for review at the Board of County Commissioners' office. At the Board's meeting on December 21, 2021, an unconditional offer of $12,000 exclusive of attorney's fees and 222 Ganbin/Jackson 6611 Avenue Counteroffer December 11, 2024 12 costs was approved. Staff and outside counsel have been negotiating with Gambin/Jackson and their attorneys, and relayed the Board's unconditional offer of $12,000 to them. The Board is required to make an unconditional offer to Ganbin/Jackson prior to filing suit in eminent domain. Suit was filed by the County's outside counsel, Bill Doney, on February 17, 2022. Ganbin/Jackson hired attorneys and experts which the County is required to pay pursuant to Florida Statute. Ganbin/Jackson had their own appraisal report dated June 7, 2022, that provided for full compensation in the amount of $81,400 for the area of taking together with severance damages. The disparity between the appraisal prepared on behalf of the County and the property owners' appraisal is that the County's appraiser found no severance damages while the appraiser for the property owners is of the opinion that the owners' remainder property will be damaged or devalued by 20% primarily due to the property now being located on a 4 - lane roadway. A mediation was held on April 10, 2024, that resulted in an impasse. The matter is now set for a jury trial in March of 2025. Negotiations between the attorneys continued after the mediation. Those conversations ended with a final counteroffer from Ganbin/Jackson in the amount of $50,000.00 in full and final settlement of all claims for full compensation they may have against the County. In addition to the payment of the settlement proceeds, as part of the proposed settlement, the County has agreed to provide three (3) driveway aprons (one 24 feet and two 12 feet) beginning at the paved road and ending at the right-of-way line. Also, the County would provide 20 loads of fill to be deposited on the property for Ganbin/Jackson to spread. Ganbin/Jackson also seeks permission to pipe down to the canal to the south of the property at their own expense in order to improve drainage conditions at their property. County staff is in agreement with these non -monetary concessions. As noted, pursuant to Florida law, the County is required to pay for the attorney's fees and costs of a property owner in eminent domain proceedings. Statutory attorney's fees are $12,540.00. Attorney's fees are calculated as thirty-three (33) percent of the difference between the initial offer letter and the final settlement amount or jury verdict. The attorney is not seeking fees associated with the non -monetary compensation that the property owner is receiving. The property owners' costs and expert witness fees are as follows: • Appraisal - $4700.00 • Engineering Analysis - $5000.00. After review of the file and discussion with staff, it is recommended that the Board approve the Ganbin/Jackson counteroffer in the amount of $50,000.00 as well as payment of the expert witness fees, attorney's fees and costs associated with the settlement for a total of $72,240.00 The settlement is recommended primarily in order to avoid the additional costs and attorneys' fees that will soon be incurred for depositions, additional attorneys' fees, expert witness fees, trial, and to eliminate the possibility of an adverse jury verdict. Funding: Funding in the amount of $72,240.00 for the acquisition will be budgeted and 223 Ganbin/Jackson 661h Avenue Counteroffer December 11, 2024 Page 13 available from Traffic Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account # 10215141-066120-16009 for FY24/25. Account Description Account Number Amount Traffic Impact Fees/District 1 10215141-066120-16009 $72,240.00 Roads/ROW/66TH Ave/69th Street — 85th Street Recommendation: Staff recommends the Board approve the settlement of the eminent domain case for the necessary right-of-way from Ganbin/Jackson in the amount of $72,240.00, inclusive of attorney's fees and costs, in addition to the non -monetary benefits listed out above. As well as authorize the County Attorney's Office or outside counsel to execute any documents needed to settle the lawsuit. Attachments: Aerial photo/Sketch 224 BEFORE TAKE 66TH AVENUE N N °' °reAs.I:t:e:s. LGANBIN & JACKSON Chril i Emrironmanfal EnBlnwra - Phnnars • 6urv�yws 11622 Y.6.78 North Palm Nob—, Florida 34884 PARCEL 12 8 Phon..(727) 762." 0 Parc (727) 7874304 Toll F—(800) 282.7880, rININ.LM.LM AENORCom SCALE: V=40' , uw :na �. cap no Ana W w • 230.00' O/A I I BUILDING 1241 SO. FT. CAR/ TRAILER PORT I I "> K /< / �x x x� GREENHOUSES • x 91 I I I I I� I© I I © : I� PARCEL128 RIGHT OF WAY (FEE SIMPLE) I� BEFORE TAKE PARENT TRACT: 87,119 S.F./ 2.0000 AC, PARCEL 128: 3,456 S.F./ 0.0793 AC. REMAINDER: 83,663 S.F./ 1.9206 AC. 66TH AVENUE 6 MWA,,Gclaleg GAN B I N & JACKSON N LaR .N°. Civil 8 Environmental Enginwrs -Planners •Surveyors 31622 U.S. 19 North Palm Harbor, Florida 34684 PARC E L 1 2 8 Phone: (727) 759-5010, Fez: (727) .2707 GR.Co Toll Frw: (800) 262-7980, W W W.LMAENGR.Com SCALE:1"=40' LMA JOB #: 681-08.128 226 36.070—/A ' I ' I CAR/ TRAILER PORT I I L _ J ' X X ----j __ I 93' BUILDING 1241 SO. FT. X XJ GREENHOUSES I II i I I I cd L J 1 J I � © I AFTER TAKE 66TH AVENUE GANBIN & JACKSON PARCEL 128 N' L raesoafates Inc. Civil 8 Environmental Engineers •Planners - Surveyore 31622 U.S. 19 North Palm Harbor, Florida 34694 Phone: (727) 789.5010, Fa- (727) 7874394 Toll Free: (800)262-7960, WV V.LMAENOR.Com SCALE: V=40' LMA JOB* 681-08.128 /5b I December 17, 2024 ITEM 15.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 11, 2024 SUBJECT: Children's Services Advisory Committee FROM: Joseph H. Earman Commissioner, District 3 I would like to lead a discussion on two supplemental funding requests recommended and approved by the Children's Services Advisory Committee at its regular meeting of December 10, 2024. Additionally, I would like to discuss the appointment of the Committee Chairman under the current County Ordinance. 228 J�68 r SWDD Agenda Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 29, 2024 To: The Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Amendment No. 1 to Solid Waste and Recyclables Collection Franchise Agreement between SWDD and WM Descriptions and Conditions: On July 2, 2024, the Indian River County (IRC) Solid Waste Disposal District (SWDD) approved the Solid Waste and Recycling Collection Franchise Agreement (Agreement) between SWDD and WM. In accordance with the Agreement, staff and WM have been meeting on a routine basis for the proper planning and transitioning to provide a smooth process to minimize inconvenience to our residents, to prevent service interruptions, and to ensure that all services are in place by the commencement date of October 1, 2025. As part of this process, both parties agreed that certain clarifications in the Agreement were required and negotiated in good faith to translate these into reduction in certain fees to our residential, multi -family, and commercial customers. The purpose of this agenda item is to approve and adopt the changes as Amendment No. 1 to the Agreement. Analysis: The following summarizes the key changes in Amendment No. 1: 1. The definitions of bulk waste and roll carts were updated and improved. Specifically, all roll -carts will now be referred to as 35 -gallon, 65 -gallon and 95 -gallon in sizes. 2. A provision for self -hauling of certain materials was clarified to allow flexibility by our residents; however, it was clarified that the collection of fees from residents and the payment to the franchise hauler would not be affected by self -hauling or private hauler activity. 3. All multi -family communities currently have 64 -gallon recycling carts; which can result in a large number of carts in their corral. A change has been made to require all 95 -gallon recycling carts to reduce the quantity and provide efficiency for collection. d646226a-dbe7-41b3-9c55-34591eebeb96 Page 1 229 SWDD Agenda 4. A requirement for gravity locks on all multi -family and commercial dumpsters was removed and substituted with the implementation of WM's Community, Litter, Environmental Protection, Awareness and Notice (CLEAN) program. The intent of this proactive program is to promote the health, safety, and cleanliness of our community by providing education, correction, and enforcement for overflowing containers. This has resulted in a substantial decrease in supplemental fees for our multi -family communities and provides similar savings to commercial customers, if SWDD continues with the one-year pilot program. 5. At the request of communities within the town of Indian River Shores that do not allow curbside yard waste services, an exception is being granted to WM for the purchase, delivery and weekly service of the yard waste roll carts. However, SWDD would continue to collect the services fees from these communities, and WM would continue to receive full compensation. 6. At the request of residents that reside at the Blue Cypress Fishing Club neighborhood, an exception is being granted to WM for the purchase, delivery, and weekly service of the solid waste, recycling, and yard waste roll carts in lieu of continuing to provide the centralized services at the entrance of Middleton's Fish Camp. However, SWDD would continue to collect the services fees from this community and WM would continue to receive full compensation. 7. Currently, there are some subscription customers that have purchased a second garbage cart to accommodate extra materials; however, there is no extra collection fee for these residents. In the new franchise agreement, a 9 -month grace period is provided for residents that purchase a second cart between January 1, 2025, and September 30, 2025, to waive the purchase and delivery fee for a second cart if they agree to a new and separate monthly collection fee. Funding: The funding for solid waste and recycling collection is provided through a combination of SWDD assessments and individual subscription customer payments directly to the franchised haulers. This will vary based on the service option selected. Recommendations: Solid Waste Disposal District (SWDD) staff recommends the Board approve Amendment No. 1 to the Solid Waste and Recycling Collection Franchise Agreement between SWDD and WM; and authorize the Chairman to execute the agreement. Attachments: Amendment No 1 to Franchise Agreement with WM d646226a-dbe7-41b3-9e55-34591eebeb96 Page 2 230 QST,A MINDMENT TO -BO D WASE RZCYCL LU '.. MLOCTIQN ANCHISE A NT 't' EN I M1 i R C 1T'� SOLID WASTE I3 N40� OCr ("SMOV MAl AGIKMMNT .'. 1110 FIi A:�'�A NC NOW THEREFORE, in consideration of the ;mutual undertaking heftin AW vthcr good and valuable considention, the receipt and adequacy of'Which is henry a4how-ledged, the parties agree, as follows; ... 1. The above recitals we rule and correct and are incorporated herein. I Article L Dt.#"tuMkM AM l r a. The defni0on of Sulk, Trash is removed in its entirety and replaced with the following Supe Turd shall mean any -Metativa item that cannot he. ,;ont inerized bagged„ or bundled,, or whose large size or weight precludes As h lirtg,: processing, or dispbsol normal methods. Oulk Trash shall � _mW be limited to, furbhum wtkite -goods (appHances sttch as stove,, w ;dam, etc.), Wills, lawn:ogttipment, furnaces, bkydes,R and vehiculatAI . MPto Ir iVAM diantethar whit nuts► + or. offrtdsr:. The li►vi+ are` aoimd carpetlrrttgs, n vales similar px+Dperty not hag .a' A" the owner or abandoned by the owner and not included within. OWAWbitldn of solid waste. Definition does not include Hazardous Waste or Construoti * and Demolition debris. Page 1 of 6 231 b. The defistition of ltou dart is removed Itt its entirety, f+a11�►lri$ 11`o,tl Cart shall mean a wheeled container designed and intender I bt gird 11 1c automated collection service and; -specifications provided ti_1. At references to the size of the roll.e "0all be ia:the standard size 0 ablatme Of 35 -gallon, 65 -gallon and 95-Saft'6 i .carts. 3. Artiele 3.2.3. Amended. The follovving. sentence replaces Artihalr 34.3. ifs :ice entirety: 3.2.3. Residential Customers may sel€ul "d Waste, Recyclable Materials, andlior Yard Waste to a permta or 4M disposal or processing fact#ties if they choose. Re lti©mmereigl Customs may elect utilize a private li tiler fotE Yi lute,, B Waste or-Whito Goods f i >3<,perso#ta A �. lir. °, dw hues &I" 11mlude the tram m .. 4v==mss sft of generation t+o a Designated Faci . ft,� instants Uerection fees l :are collected ftp• the fiwWhise setwices shall. bojusod or re&sced forthe self -hauling orpayate hauler activi ► 4. Article 6.3.6. Amerrdzd Ttra SO ret . At": i�3.6. o its. entirety: 6.3.6. For Multi -Family Units receiving Comtara ial Collectiotf Service, reey collection containers shall be placed at locWt Ott are mutually accept t+e- Franchisee and customer. Franchisee Sh4i2 ,�ia�e 95 -gallon Recycling RoIll darts, dumpsters, or roll -ods, as needed send appropriate. 5. Article 12.1..8. & 12.1.9 Amended. The following sentences %e t .Axt la 12.1.8. and 12.1.9ju, its entirety: 12.1.8. Ftp all existing Commem al Custotaall that utilize salk1w. lois prior se Ampst 1, 2 3, Franchisee shall conf!lim in advance- of illi" if 16 rnm f Cus#traner agrees to it mplacemmstgwity lockme Commercial COatsivers., 1f gravity lock is uti2zW, Commeftlkl Customers shall be0i Wft keys 16 proper use td' tho �ercial Containers to pnw�t li�tl.. l... I - a". gravity lock for these existing Commercial Customers � ft vf.00d at na { charge with the initial delivery effective October 1, 2025. FtpCommercial Customers requesting a gravi Bock to be installed after A 1,1023, t Franchisee shall charge the commercial C>gtner an instar urge $175.00.11.& Commercial C . or bftlti-F .Crastomer use efa manual low on, t Coavi lrcia)r a o > ' IN .6-i teeshall ' ]emeot the: Supplemental Charge as -per Exh"'; 12.1,9. Franchisee is authorized to implement the Community, Litter, Environmental Protection, Awareness and Notice (CLE, program as follows; Page 2 of 6 232 Tim 'UL -N pro ratty. is a roactiie g p that acts agiai� verflawing i cphidbooin'ft comm6rital areas of Unincorporated Indian unty and ft 'own of Indian River Shores to promote health, safety, and cleanliness in the community,, s. Thirty (30). flays. f the commencement of the CLEAN program,. October 1 202 Fr chisot shall provide documentation to all nmerit and 'VON -Fr ligaons that we using commerc items with the stent of`dw C.L.E.A►.Iq. program whose u'pose is to minim or reduce the OW06 ► of materials <t de of the Commercial Container(s). Tits wort shall be documented and provided upon request by the Contract Manager. In the event Frattchisea determines a Customer's C a obw is overfilled with waste and ot-topyClAfilft during a collection ems, Franchisee shall take a F 1p digital h h of` ul nled container its such a nea r to b present evidence ofsuch rt g... For purposes of this sect, overfilling is defined as a container overloaded such that he lid does not close securely and is displaced by at least ten (110) inches). Franchisee shall gtovde to Customer, noticto of such Overfilling on ' Customers next Inn &r each a"ht of Overfilling. and pia the dowing proceduresw 1. Provide the Customer ikith an opportunity for a ope-time complimentary audit to be performed by the Franchisee to correct the Overfilling incident its the future and 'waive the Overfilling charges for the first incid. 2 On the subsequent' i , incident, the Franchisee shall prow -W. the customer the- foliowing four options: a) Charge the customer the amountof two hundred dollars ($209) per container. Owning charges shall not -exceed eight hundred dollars ($800) per month, ps - -Customer; or b) Either Right -sizing their coxatainer (gig, upgrading from a 2- .yard to a 4 -yard conttti t')10 avoid the Overfilling Charge; or c) Increasing the ftAoquot t TSO {o ff., 469110" ft a week to Ovdce a weekj to avoid e , or d) Purchase a Gravity Lock for $175 (one tintpa) (to Overage Charge) i his lustomer'lt' responsrbt itf utilize the Gravity I,aoh pnnatfiulp"overfilling in dents other" additional Otrerfilling Charges will apply. c. The CLEAN program shtl#.. C"mence at the start 6- ill a franchise agreement, 0 01ober 1,; 20-Ut o Valu locations that, fare using commercial container's based ors The now reduced" leaf Est4smy Supplemental Fees in 9x16it'1. Page 3 of 6_ . 233: I '1# CLI A t pr6*001010 ogram fence at start the aeenfet+t, October 1, Commercial Customers as a pint based on the new tsedld'�ommercial Supplenrtsl' Fees it "Oft l� • . Fhisee days prio 0:60 The Contra Manager� conclusion v PRO tb t pgram ! contua nrm3'umated, eppogam. is,:terminatedt t Commercial Supplementsl'paa 94d* I shall appy,. 6. Ll..Anaded: Tho fcllOAXfidft - 1 entirety: Pto 12.2.1. Prit- to tha CoMm000; ent 1 is ac+eordatr►ce l . specifsd ie elsei� F;nwh'e " Frovide Solid W*S*snd lea Roil C 1br all W eadojws within the Solid Vhoo V00obloo Area, Reeryol+ntg al and Citi -Fant UU Wif the Rall Cam '� Recyoling Franchise Area. F40Carts must meet the tccbMW 46iii n ons provided in _Exhibit 5. SWUM► *serves the Bright, at it$ =on, to designate the nom; size, and`quenay en!let !;Jed to Mu -Family Units., a_ An exeeption is bgft sflo vao for the purchase, delta and weekly service of yald.Waft Carts for specific designated cotpn vW ies witNU the Town of lean Rivors Mores that do not allow Oue yard waste collectiolL Mager shell p��e written authorization with the list of po�hities by January 1, 2825, with assurance that the Franchisee shall continue to receive the full compensation,ft the-40DROY services to these colMunities: Tk Franchisee shall a 90 Wit effort to assist the Tows it an Rarer Shores with mun r relowl programs to enhance recyCtttg b. An exception is being allowed 110i at pwc,habs. 4*HVery and wily service of Solid Waste, Reeding and Y Waste ar#s the Blue +press Fishing Cigb l�leighborl ood located at 134 Flace, 73x4 Lane and 73*d Manor :€n lieu of PMWing the existing y services for Solid of ng, Yard Waste and fluik W"aste se 100 through WIWI Commercial +Maines Services or Clave'Tntck.Services: 12/17/2024 Item 16.6.1. FIRST AMENDMENT TO SOLID WASTE AND RECYCLABLF.S COLLECTION FRANCHISE AGREEMENT BETWEEN INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("SWDD") AND WASTE MANAGEMENT INC. OF FLORIDA ("FRANCHISEE") By: Himanshu H. Mehta, PE(FL) Managing Director Indian River County — Solid Waste Disposal District Amended definitions and articles... Definition of Bulk Trash (clarified white Definition of Roll Cart (Sizes arc 35, 65 a • Article 3.2.3 — Self hauling clarification • Article 6.3.6 — Multi -family containers • Article 12.1.8 — Commercial Locks • Article 12.1.9 — CLEAN Program • Article 12.2.1 —Indian River Shores & Blue Cypress exceptions • Article 12.2.5 — Limits on roll carts for Solid Waste & Yard Waste F .., _ `\� SUPPL} .. Service i Each additional Roll Cart Collection of additional Roll Cart �Improperly prepared Solid Waste Improperly prepared Yard Waste Excessive Yard Waste Excessive Bulk Trash Cart Cleaning Services IDENTIAL (Curbside) NEWMEMIMM�1 =1 SUPPLEMENTAL CHARGES a Service Solid Waste: Cart or Container Roll Out and Return • Opening and closing doors or gates Moving customer container (at request) Gravity Locks for containers (at request) Unlock & Locking Containers Cart Cleaning Services a) No CLEAN program b) CLEAN program SUPPLEMENTAL CHARGES - MULTI -FAMILY (Not -Curbside) Service • • Recyclables: Cart or Container -- •- :Roll Out and Return • � ;:olid Waste: Container Roll Out -- •- i -Ind Return • Opening and closing doors or gates • ��' o Moving customer container (at - •= request) - - Gravity Locks for containers (at • - <`a�'+ request) Unlock & Locking Containers j Cart Cleaning Services C.L.E.A.N.* PROGRAM VERFLOWING INCIDENT JIT Incident Additional Incidents * C.L.E.A.N. - Community, Litter, Environmental Protection, Awareness and Notice, Maximum Fee of $800 per month, per Customer. 12/17/2024 Item 16.6.1. 12/17/2024 Item 16.6.1. FIRST AMENDMENT TO SOLID WASTE AND RECYCLABLES COLLECTION FRANCHISE AGREEMENT BETWEEN INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("SWDD") AND WASTE MANAGEMENT INC. OF FLORIDA ("FRANCHISEE") Amended definitions and articles... • Definition of Bulk Trash • Definition of Roll Cart • Article 3.2.3 — Self hauling clarification • Article 6.3.6—Multi-family containers • Articles 12.1.8 — Commercial Locks • 12.1.9 - CLEAN Program • Article ]2.2.1 -Indian River Shores & Blue Cypress exceptions • Article 12 .2.5 —Limits on roll carts for Solid Waste & Yard Waste 12/17/2024 Item 16.6.1. 40 '010 What is the CLEANProgram.... C.L.E.A.N. — Community. Litter, Environmental Protection, Awareness and Notice The CLEAN program is a proactive program that acts against overflowing containers in the commercial areas of Unincorporated Indian River County and the Town of Indian River Shores I to promote health, safety, and cleanliness in the community. 25-