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HomeMy WebLinkAbout06/02/2015 (3) BOARD OF COUNTY COMMISSIONERS , iiiiO \R INDIAN RIVER COUNTY, FLORIDA � COMMISSION AGENDA $ # A ' * * o< TUESDAY,JUNE 2,2015-9:00 A.M. * * Commission Chambers Indian River County Administration Complex �l,Qj�� 180127th Street,Building A Vero Beach,Florida,32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S.Davis,Chairman District 1 Joseph A.Baird,County Administrator Bob Solari,Vice Chairman District 5 Dylan Reingold,County Attorney Joseph E.Flescher District 2 Jeffrey R. Smith,Clerk of the Circuit Peter D. O'Bryan District 4 Court and Comptroller Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff's Office 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Honoring Maria Fitzgerald on Her Retirement from the Tax Collector's Office of Indian River County 1 B. Presentation of Proclamation Designating June 21 through 27, 2015 as Amateur Radio Week 2 June 2,2015 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation on 2015 Atlantic Hurricane Season Outlook by Indian River County Emergency Management Director, John King and Emergency Management Coordinator, Etta LoPresti 3-8 D. Presentation of Public Announcement for Hurricane Preparedness—Are you Ready? By Indian River County Solid Waste Disposal District Managing Director,Himanshu Mehta 9-11 E. Presentation on Hurricane Preparedness by Sarah Tippet Ruwe, Executive Director, Florida Coast to Heartland Chapter American Red Cross South Florida Region, and Eric Crump, Mass Care Lead for the Florida Red Cross South Florida Region --- 6. APPROVAL OF MINUTES A. Regular Meeting of May 5, 2015 B. Regular Meeting of May 12, 2015 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Resolution # R-15-12 of the City of Sebastian Pertaining to Utility Easements 12-16 B. 43rd Avenue Funding for Right-of-Way Acquisition (memorandum dated May 27, 2015) 17-19 C. Letter of Concurrence for Indian River County Historical Society, Inc. Grant Application for Firefighter Lookout Display and Park (letter dated May 22, 2015) 20 8. CONSENT AGENDA A. Approval of Warrants—May 7,2015 to May 14, 2015 (memorandum dated May 14, 2015) 21-28 B. Approval of Warrants—May 15,2015 to May 21, 2015 (memorandum dated May 21,2015) 29-35 C. Out of County Travel to attend Florida Shore and Beach Conference (memorandum dated May 26, 2015) 36-37 June 2,2015 Page 2 of 7 8. CONSENT AGENDA PAGE D. Resolution Formally Designating a Portion of County Owned Property Along 26th Street and 52nd Avenue as Right-of-Way (memorandum dated May 21, 2015) 38-45 E. Wild Turkey Sand Mine — Second Phase, Cash Deposit and Escrow Agreements for Compliance and Restoration (memorandum dated May 26, 2015) 46-56 F. Resolutions Canceling Taxes on Properties Purchased for Public Purpose (memorandum dated May 22, 2015) 57-76 G. Work Order No. 5, Kimley-Horn & Associates, Inc., 37th Street (US1 to Indian River Boulevard) 5-Laning, IRC Project No. 1230 (memorandum dated May 12, 2015) 77-83 H. Consideration to Approve a Cost-Share Agreement with the St. Johns River Water Management District for Repair/Plugging of Abandoned Artesian Wells (memorandum dated May 26, 2015) 84-98 I. Miscellaneous Budget Amendment 016 (memorandum dated May 26, 2015) 99-104 J. Work Order No. 2 with Atkins — West Regional WWTP 2015/2016 Permit Renewal (memorandum dated May 15, 2015) 105-111 K. Indian River Medical Center Health and Wellness Center — Developer Agreement for Developer Contributions to Roadway Improvements on 37th Street (memorandum dated May 15,2015) 112-119 L. Answer to Lawsuit on Blue Cypress Lake Stilt Houses (memorandum dated May 27, 2015) 120-127 M. Children's Services $200,000 Funding Match Update — Fiscal Year 2015/2016 Allocation (memorandum dated May 27, 2015) 128-129 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None June 2,2015 Page 3 of 7 10. PUBLIC ITEMS PAGE A. PUBLIC HEARINGS 1. Consideration of Proposed Amendments to the CH, IL, and IG Maximum Building Coverage Regulations Chapter 911 (memorandum dated May 19, 2015) 130-142 Legislative 2. Second Public Hearing to Receive Public Comments for the Neighborhood Revitalization (NR) Community Development Block Grant(CDBG) (memorandum dated May 18,2015) 143-186 Legislative B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Patricia Hunt Regarding New Public Cameras in Public Building, Documented, Etc. 187 C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing June 9,2015: To Consider Amending Chapter 300 (Alcoholic Beverages) of the Indian River County Code to Remove the Sunset Provision and Thereby Allow the Sale, Service and Consumption of Alcoholic Beverages Until 2:00 A.M. (memorandum dated May 20, 2015) Legislative 188 2. Notice of Scheduled Public Hearing June 23,2015: To Discuss Proposed Use for the Grant Funds Received by the Indian River County Sheriff's Office through the FY 2015 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation (letter dated May 26, 2015) Administrative 189-196 11. COUNTY ADMINISTRATOR MATTERS None June 2,2015 Page 4 of 7 12. DEPARTMENTAL MATTERS PAGE A• Community Development None B. Emergency Services None C. General Services None 1. Human Services None 2. Sandridge Golf Club None 3, Recreation None D. Human Resources None E. Office of Management and Budget None F. Public Works 1. Department of the Army Feasibility Cost Share Agreement Sector 5 —Federal Shore Protection Project (memorandum dated May 27, 2015) 197-223 G. Utilities Services None June 2,2015 Page 5 of 7 13. COUNTY ATTORNEY MATTERS PAGE A. Agriculture Advisory Committee Appointment (memorandum dated May 14, 2015) 224-231 B. Fertilizer Enforcement Interlocal Agreements (memorandum dated May 14, 2015) 232-241 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Bob Solari,Vice Chairman 1. Short-Term Rentals (memorandum dated May 26, 2015) 242-247 C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O'Brvan 1. Go Solar Florida Resolution (memorandum dated May 26, 2015) 248-251 E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Approval of Minutes Meeting of May 12, 2015 2. Approval Conceptual Temporary Site for Fire Station 7 (memorandum dated May 21, 2015) 252-259 B. Solid Waste Disposal District None C. Environmental Control Board None June 2,2015 Page 6 of 7 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act(ADA) Coordinator at(772)226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by 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. June 2,2015 Page 7 of 7 T PROCLAMATION 5---4.. HONORING MARIA FITZGERALD ON HER RETIREMENT FROM THE TAX COLLECTOR'S OFFICE OF INDIAN RIVER COUNTY WHEREAS, Maria Fitzgerald retired from the Tax Collector's Office of Indian River County effective May 31, 2015; and WHEREAS, Maria began her career with the Tax Collector's Office of Indian River County on June 4, 1980 as a Customer Service Representative and continued in this capacity specializing in the issuance of Florida License Plates, Titles, Boat Registrations, Hunting and Fishing Licenses. Maria was promoted to Assistant Vehicle & Vessel Supervisor in 1993 and to the Branch Manager of Operations in 1996. In July 2001, Maria accepted the newly created position of Information & Administrative Services Coordinator where she specialized in record retention, purchasing and primary support for I.T. issues and all tax bill related projects. Most importantly, Maria displayed Excellent Customer Service and professionalism in all positions held with the Tax Collector's office; and WHEREAS, Maria has served this County, the State of Florida, and the public with distinction and selflessness. During her years of service, Maria was dedicated to her work and was greatly appreciated by Tax Collector Carole Jean Jordan, former Tax Collectors Charles W. Sembler, Karl L. Zimmerman, Gene E. Morris and her co-workers alike. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Maria's efforts on behalf of the Tax Collector's Office, and the Board wishes to express its appreciation for the dedicated service she has given to Indian River County for the last 34 years, 11 months and 25 days; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 2nd day of June, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA � �:z' �V Wesley S. Davis, airman ----36 -‘ 1/5-ea-cA2- Q " VA Bob Solari Vice Chairman ''.: ok _, _ c/ . • -.h . Flescher --/-6-0-'-,i_ l ) e-`-' AORICY Peter D. O'Bryan rI Tim 7orc-= 1 PROCLAMATION DESIGNATING JUNE 21 THROUGH 27, 2015 AS AMATEUR RADIO WEEK WHEREAS, Amateur Radio has historically played a significant role in developing world wide radio communications; and WHEREAS, Indian River County has more than 500 Licensed Amateur Radio Operators who have demonstrated their value in public assistance by providing emergency radio communications; and WHEREAS, these Amateur Radio operators have repeatedly donated their time, equipment, and services in the interest of all the citizens of our County; and WHEREAS, these Amateur Radio operators are on alert for hurricanes, tornadoes, floods, or any other local emergency, and utilize their communications skills to assist City, County, or State officials; and WHEREAS, these Radio Amateurs have also generously donated time and equipment to provide communications support to local service clubs and organizations at no charge, and offered free technical training to all interested citizens; and WHEREAS, members of the Vero Beach Amateur Radio Club will continue to hone their communications skills by operating the twenty-four hour simulated emergency known as 'Field Day' on June 27 and 28, 2015. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that June 21nd through June 27, 2015, be designated as AMATEUR RADIO WEEK in Indian River County, and the Board encourages all citizens to pay appropriate tribute to all the Amateur Radio operators of our County in recognition of this important emergency preparedness exercise. Adopted this 2nd day of June, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA VJ Wesley S. Davi Chairman '1/4.1.3er i Bo� lari, Vice Chairmah _ of ` i * Peter D. O'Bryan l�RIDp' . J. e•h _ -.Elesyher Tim Zo c ( _ 2 ciJ v C •ti bCji M , o v r r;....4 U Q.) or— 4 ,... ."--. U c at ti ) W C ) , ,",,, Vr I r� C, Ci ( ) •�r7 N C r— n i 1 R i R • li h—I � r , NEM UIII 0 2 : : 1 A. l Opr) 3 PIC g 0 "CI 2 No ch 0 .4_ 1-4 gi o CU CV. O D > rffa__I •71-4 •rio pigv CU 0 CU CD No p ch g vis..• crJ .... g rd 0 CD V ci) ii CU � II . PIO g � ;•-( tip 1.4O CO Z cd Im4 tommi 4 0 Q i C13 N o = CD AO . . . 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Cl) CV ,-, . ,' v..... •( rtji ct ifi • +J 3. \ 1 8 5. C. 2015 ATLANTIC HURRICANE SEASON OUTLOOK Indian River County Emergency Management John King, Director Etta LoPresti, Emergency Management Coordinator June 2, 2015 Florida's Lucky Streak ()Nine consecutive years without a hurricane strike. @Longest stretch on record since 1851. '3- A- NOAA Predicts a Below-Normal 2015 Atlantic Hurricane Season 2015 Atlantic Hurricane Season Named storms: 6 11 Hurricanes: 3 - 6 tly. Abp 9396 Major hurricanes: 0 - 2 Near- normal °, ' m to Outlook probability no a 7000 Be prepared Visit hurricanes gov KV and follow @NWS and @NHC_Atlantic on Twitter Challenges *More people have moved to the state *Declining economy ()Changing priorities o Growing public complacency 8-A-2 Is Emergency Management Prepared to Meet the Challenges? Emergency Management Exercises and Enhancements Training •Increased Social Media •Hurricanes/severe outreach weather •Upgraded Public •Radiological Outreach/Notification •Tsunami •Seeking Accreditation •Cyber Security •Exploring a Web App •FEMA Recovery Programs 1 ,g,, ::17 '-', ' „.'.., , ,,A ' '''' 't'': lip , , ,--i ,, ,, i iiii., ,,,,„ ,,,,,.., ,A b ,' 3 „.�i,, ,,..-- - ' Coming together is a beginning, staying together is progress, and working together is success. Henry Ford $— A— 3 PUBLIC ANNOUNCEMENT h +, INDIAN RIVER COUNTY QiQ e*F'v • ,.� UG, .., ` �W + I« BOARD MEMORANDUM cY Date: May 21, 2015 To: Joseph A. Baird, County Administrator Vincent Burke, Director of Utility Services Leo' Thru: John King, Director of Emergency Services 04/ Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District 7:1•m • From: Etta LoPresti, Emergency Management Coordinator Subject: PUBLIC ANNOUNCEMENT FOR HURRICANE PREPAREDNESS-ARE YOU READY? June 1 is the official beginning of Hurricane Season, therefore annual preparation for the season is encouraged. Solid Waste Disposal District (SWDD) and the Indian River County Department of Emergency Services wants our residents to be prepared. Here are some things to do to be prepared at home, work or at school: • Trim your trees now & clear away debris from your home; • Remove outdoor items that may become dangerous in high winds; • Build a Kit, Make a Plan and Stay Informed (See attached guide). We would like to remind all visitors and residents of Indian River County that hurricane preparedness help is available online at www.irces.com, in the Disaster Guide (available in the Administration Building lobby) or online at the www.ready.gov website. For more information contact Indian River County Emergency Services at 567-2154. SWDD and Indian River County Emergency Management will be out at the Indian River Mall for the 2015 Hurricane Expo on Saturday, June 6th from 10 am to 3 pm to hand out Hurricane Preparedness Guides, Hurricane tracking Charts, and to answer any questions. ATTACHMENT: Public Advertisement & Preparedness Guide APPROVED FOR AGENDA: Indian River co. Ap. oved Date Administration ` �fp v 8/254 Budget ire JOS A. Baird, Count Administrator Legal pY p � SWDD420 Zb For: .4d . SWDD 9 i ,,, C," - c 13 .. +- 0 E .. +- G) -- (,) „C .0 2 E on ,.:,:i:;3.' il ......,4(-441---.106- ...... ,_, L1.1 ... . D tot a .c s0o 0u c ; CD - ° W o tt 3 t}4__ LLI , "' w G O ,4Z lio cp u, ..,,,,.. 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Q.) �,' (11) lit) I ��""��:�::�s� (13 amme...Z 4- 1 imam likiiin CI 0 . (113 'Imam. Indian River County V Department of Emergency Services moommi Q�.V ue* Emergency Management Division r4j\t i,: , 4 *F, 0 4225 43rAvenue ,� - . r r r Vero Beach, FL 32967 1 R' '(11) ' (772) 567 2154 „.... ihA, * 0., .. y�� www.irces.corrin „A,. , ..., f t G �/ ,OKty %NCY S*'' ,_-- 1 1 11 Due to voluminous nature,the entire guide is available at http://www.irces.com/EM/documents/Disaster-Preparedness.pdf 6•E • American Red Cross • Preparednes 2015 What We Do • We shelter, feed, and care for disaster survivors • We educate the community on preparedness • We teach lifesaving skills • We help the military and their families • �= • We provide humanitarian aid to all in need • 24 / 7 /365 RedCross.org/What-We-Do 2 II- A- 1 Every 9 minutes, the Red Cross Eve/. responds to ( a disaster. Most Common Disasters in Florida Home Fires 'Ore berieS" stit .41* iiib f =taRedCross.org/Prepare + 4 Craig Fugate ki'liPiT,1111-1C11.411111741 tjCralgati-FMA AN AWFUL HOWL 1992 was a below average year for litirtt hits liArdcst iti I),1,(1c. Hurricanes.... Until Andrew struck Miami-Dade County as a Cat 5 Hurricane 4Av May14 American -w- dCioss aliaLJ Get a Kit Make a Plan ri Be Informed a=W-111 Red CRedCross.org/Prepare American6 Ii- A -3 Stay Connected 41 , Red Cross FREE Mobile Apps: Preparedness in Your Pocket + Hurricane +, Emergency '4 A 'c, °I: °-., ',, 6 ',.. '44 `e 146 ..... _ ....,, _.... ,_ _„.„ ......... .,,..... .„ + First Aid +, Flood Rtut Ctusu mobilo apou Our the v4.11 intorroulaon you outod to pupate and oas,outsd to ettuottrou,ou—bg thud srag + Earthquake + Tornado +, Wildfire OEM EMS • Team Red Cross ...re,*45, • + Swim + Pet First Aid ( 00.99) ...": ..."' RedCross.org/Mobile-Apps tirdZ'ros7 • Become a Volunteer in a Day WHEN: 06/06/2015 .,..-,: ., ,i-- ,,,.. ., . . WHERE: 2506 17th ., 1 i , .0 , , , . Ave,Vero Beach , , , , .it , 0i.:, ,'.• 11, PHONE: (772) 562-2549 r...- , Sleeves lie.Hearts Open.All In. J Red Cross 8 1 1 — P\— 4 @RedCross I @SFLRedCross American Red Crass I �— - 5 American Red Cross South Florida Region Train-in-a- Day Hurricane Season 2015 Train to be an Everyday Hero! ` e „; Saturday, June 6th Florida's Coast to Heartland Chapter 4'04 2506 17th Avenue Vero Beach, FL 32960 Sebring Service Center 6011 US Hwy. 27 Sebring, FL 33872 Martin County Service Center 2750 South Kanner Highway Stuart, FL 34994 „tt 9:00am -4:00pm Register by visiting: redcross.org/traininaday los • 111 Join the American Red Cross volunteer team and serve your �"M community when they need it most. f. In this all-in-one training you will: - �"«* -Complete your Red Cross Volunteer Application -Attend Volunteer Orientation -Receive training in opening and operating shelters for people affected by disaster Volunteers constitute about 90 percent of the American Red Cross workforce. It is through the time and care of ordinary people that we can do extraordinary things. Join today. Help tomorrow. Registration: www.redcross.org/traininaday Questions: lissette.varela@redcross.org 17) American Coast to Heartland Chapter Red Cross Proudly serving Highlands, Indian River, Okeechobee and St. Lucie Residents South Florida Region Service Delivery Update - Spring 2015 American Red Cross Pillowcase Project Service Delivery on Track to Reach Nearly 1 ,000 in St. Lucie, Indian River, The Coast to Heartland Disas- Okeechobee and Highlands Counties ter Cycle Services Program uti- ;,y;•, lizes nearly 450 volunteers to '', In the Coast to Heartland chap- fulfill the Red Cross mission in ter area children between the our community. Year to date, 40 log,,,,,, ages of 8 and 11 have been the Red Cross delivered the ". sf learning the new Preparedness following services to residents fw mantra — LEARN, PRACTICE, in Highlands, Indian River, '* . •h" SHARE in an interactive hour of Okeechobee and St. Lucie it 4 disaster education. Our South Counties: h` ry=, , .r, - + Florida Region team of pre- . Fulfilled emergency needs P " providenewly for 24 families who suffered ...� fi� x � a� .q, senters will the released Pillowcase Project. significant loss due to home Children receive instruction and materials that include a workbook and fires a customized pillowcase. Since January, we've made 15 presentations sharing information on home fires and hurricanes. Eight other disas- • Presented disaster ters may be shared, including tornado, flood, wildfire and more. The preparedness information home fire prevention and planning information is integrated into every to approximately 2691 presentation. The information is taken home for practice and sharing, residents through 49 Community Disaster spreading the information and creating positive outcomes. This year, Education presentations American Red Cross Coast to Heartland Chapter will provide disaster preparedness education for 1 ,000 kids through The Pillowcase Pro- • Provided emergency ject. communications and assistance to our active- Red Cross Giving Day is June 2, 2015. duty service members and Let's stand together — All In 1 Day — so that every day, when needed, veterans through 59 Service neighbors in your community will not be alone. When you give to the to the Armed Forces cases American Red Cross, you are delivering help and hope to people when they need it most. Learn more at GivingDay.redcross.org ,___ __�_- _- � _-_ Would you like to find out �� about volunteer tilt Nearly 200 times a day, Nearly 5,600 times a day, opportunities? the Red Cross helps a someone receives a Red family affected by a home Cross blood transfusion. Join Us for fire or other disaster. Train In A Day i ._., .. m ._ _ _ June 6, 2015 Every day the Redirk_ On average,15,500 Sebring or Vero Beach people a day receive Cross provides nearly lifesaving Red Cross For More Information „� 1 ,000 services to • • • health and safety (7 72) 562-2549 military members and S Ali 5 training,including their families. mobile app downloads. Will you be ready when disaster strikes? yo-14-1,. as we Prepare Florida American PrepareFlorida a Red Cross Floridians are in danger—we are living in the second most disaster-prone state in the United States.The risks and costs are enormous. Hurricanes,wildfires,tornadoes and other catastrophic events shatter lives,cripple local economies and devastate entire neighborhoods. Disasters happen quickly and often without # ° `' warning,and what we all do before the disaster has everything to do with how well we do after the disaster. If we wait,it's too late. How to help: • Be Prepared •Volunteer The people of Florida depenNd •Take a ass on the American Red Cross. ' • Sup rt Prepare Florida `veru 6 We are looking for partners who want to make G (/V G OL % ' arida strong.Your investment gives strength to Flo ea residents, business and visitors to be ready • any disaster we may face. visit redc •ss.org/prepareflorida Our Supporters ('DUKE Mosaic WELLS ENERGY a FARGO MOTOROLA Ronald and Beverly Nordmann William and Linda Steere Jill and Joe Valenti The rig CleorChanner Weather �I OUTDOOR P u b l i x Channel weather.00m Call Sarah Ruwe at 772-633-1383 to stand with us as a Prepare Florida partner. // ? RESOLUTION NO. R-15-12 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO UTILITY EASEMENTS; CREATING A UTILITY EASEMENT IN BLOCKS 1 & 2, CARROLL ROBERTS SUBDIVISION NO. 1 OF THE CITY OF SEBASTIAN, AS RECORDED IN ST. LUCIE PLAT BOOK 4, PAGE 64, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING EXECUTION OF THE GRANT OF EASEMENT; PROVIDING FOR RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there are no existing easements in the area to provide access to the utility lines along Indian River Drive, for property located at 1206, 1208 and 1210 U.S. Highway #1, Sebastian, Florida, and owned by Robert and Ronna Greason; and WHEREAS,the City has received a request to create a non-exclusive utility easement on City-owned property at 700 Main Street identified as Block 1 and 2, less the highway right-of- way, Carroll Roberts Subdivision No. 1, for access to the utility lines along Indian River Drive; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. CREATION OF EASEMENT. The City Council of the City of Sebastian does hereby create and establish a non-exclusive utility easement on City of Sebastian- owned property, identified on Attachment "1". GRANT OF EASEMENT, to this resolution, and further described and indicated specifically as the shaded area on Exhibit "A" to the Grant of Easement. Section 2. EXECUTION. The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to sign. and the City Clerk to attest, on behalf of the City of Sebastian, the Grant of Easement described herein. Section 3. RECORDING. The City Clerk shall record the Grant of Easement in the Official Records of Indian River County, Florida, after receipt of a fully executed instrument. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 12 Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved tier adoption by Councilmember coy The motion was seconded by Councilmember Gillmor and, upon being put into a vote, the vote was as follows: Mayor Richard Gillmor aye Vice-Mayor Jerome Adams aye Councilmember Andrea Coy aye Councilmember Jim Hill aye Councilmember Bob McPartlan aye The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of May , 2015 CITY OF SEBASTIAN, FLORIDA ' i-I Ric a ' mor AT T: Sally A. aio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Robert Ginsburg, City Attorney 13 GRANT OF EASEMENT THIS GRANT OF EASEMENT, made and executed this /3 day of , 2015 by the CITY OF SEBASTIAN, a municipal corporation of the Sta a of Florida, whose mailing address is 1225 Main Street, Sebastian, Florida 32958, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. WITNESSETH: That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the GRANTEE, a non-exclusive perpetual easement for utilities over, across and beneath the following described land, situated in Indian River County, Florida, to-wit: See Exhibit "A" attached hereto. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year above written. CITY OF SEBASTIAN, a municipal corp at•n oft- t.to of Florida 1 Richard Gillmor, Mayor Date of Council approval: 51/35 ATTEST:° ` By: 3120150030215 Sally A. Maio MMC RECORDED iN THE PUBLIC RECORDS OF JEFFREY R SMITH CLERK OF COURT City Clerk INDIAN RIVER COUNTY FL BK 2847 0G 1923 Page 1 of 3 5/18/2015 10 10 AM C DOCTAX PD 50 70 14 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledge before me this 13th day of May 2015 by Richard Gillmor, Mayor, and Sally Maio, MMC, City Clerk of the City of Sebastian. who are personally know to me. P317�9 � NOTARY PUBLIC Sp !S% SA', IFF 18,54E6 .4.1 7(4YLth ;w h:••i��°��` inted name: Jeanette Williams /iiiii Commission No: FY 186,1-185 Commission Expiration : 2.-2.8 - I q (SEAL): 15 EXHIBIT "A" NORTH u.,,,I ���� : -, . _ SCALE I•:yp, IF"P'''�i o` C^ �, N1 of K,4y ia'`- C7 K /� N1N .WEST PO t�]IN D�`FvW!K N R, 6 2Ej o E 1 pF 81 �,00,4- �� D1P 25 E20 p1Nca;`" `' °Q� P„AA',/.,C�c ha"fa En / Iv ` o 0 0 /NW / t 400' %/e / OFFICIAL RECORD lit BOOK 1546,PAGE 531 503N13°322 45.00E N coW W W CHAMBER OF oo ti ,70 1/40 COMMERCE N lE—CX o CO � oo op OFFICIAL RECORD Leico %/ BOOK 1880,PAGE 1268 v o m 8 °pM� --- gi Q 10 WE 10.00 %/ Ema pGM10E WAv l 40.0' 10.03E N 17040134" W o0 Q STETCH OF LEGAL DESCRIPTION C 111 GHVI, A RVE (NO!A BOUNDARY SUY) % I .\ I'r�,P 1 p�uA�i SURVEYOR'S NOTES: u JJJ I.THIS SKETCH OF LEGAL DESCRIPTION WAS PREPARED BASED UPON THE NORTH LINE OF PARCEL 1 AS S 76°28'38'W AS DESCRIBED IN OFFICIAL RECORD BOOK 1546,PAGE 532,PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA LEGAL DESCRIPTION:PUBLIC UTILITY EASEMENT 2.THIS SKETCH EXISTS SOLEY FOR THE PURPOSE Of BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 AS ILLUSTRATING THE LEGAL DESCRIPTION. DESCRIBED IN OFFICIAL RECORD BOOK 1546,PAGE 532,PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA SAID CORNER 3.ALL DIMENSIONS ARE CALCULATED UNLESS ALSO BEING ON THE WEST RIGHT OF WAY LINE OF INDIAN OTHERWISE NOTED RIVER DRIVE,A 66.00 FOOT RIGHT OF WAY;THENCE S 76°28'38'W ALONG HIE NORTH LINE OF OFFICIAL RECORD BOOK 1546,PAGE 4.THIS SKETCH MEETS THE FLORIDA STANDARDS 01 PRATICE 532,AND WESTERLY EXTENSION A DISTANCE OF 229.86 FEET TO SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, THE EAST RIGHT OF WAY LINE OF U.S.HIGHWAY 1,A 100.00 FOOT PURSUANT TO CHAPTER 53-17.050,FLORIDA ADMINISTRATIVE WIDE RIGHT OF WAY;THENCE N 17°40'32'W ALONG SAID EAST CODE,PURSUANT TO SECTION 472.027,FLORIDA STATUTES RIGHT OF WAY LINE,A DISTANCE OF 10.03 FEET TO A POINT,SAID POINT BEING 10.00 FEET PERPENDICULAR TO SAID NORTH LINE; PREPARED BY: THENCE N 76°28'38'E PERPENDICULAR AND PARALLEL 10 SAID CECRLE LAND SURVEYING,INC. NORTH LINE,A DISTABCE OF 140.00 FEET;THENCE N 13°31'22'W, FLORIDA LAND SURVEYING BUSINESS#6637 A DISTANCE OF 45.00 FEET,SAID POINT BEING 55.00 FEET 10749 HIGHWAY U.S.1,SUITE A PERPENDICULAR TO SAID NORTH;THENCE N 76°28'38'E SEBASTIAN,FLORIDA 32953 PERPENDICULAR AND PARAI LEL TO SAID NORTH LINE,A PHONE 772388-0520 FAX 772-3882012 DISTANCE Of 78.75 FEET TO THE WEST RIGHT OF WAY LINE OF INDIAN RIVER DRIVE:THENCE S 25°40'20'E ALONG SAID THE SKETCH OF LEGAL IS NOT VALID WIT,IOUT THE WEST RIGHT OF WAY LINE,A DISTANCE Of 56.26 FEET TO SIGNATURE AND THE ORIGINAL RAISED SEAL OF A THE POINT OF BEGINNING.CONTAINING 6,053 SQUARE FLORIDA LICENSED SURVEYOR AND MAPPER. FEET MORE OR LESS. THOMI. l„_/„ 430 2015 AS RANDALL CECRLE, P.L.S. 4896 SKETCH OF LEGAL DESCRIPTION 4.30.2015 I SCALE I'=20' I FIELD BOOK do I SHEET 1 OF 1 I PROJECT NUMBER 15-107 16 61. Office of the INDIAN RIVER COUNTY ADMINISTRATOR �oRiD Joseph A.Baird, County Administrator Michael C. Zito,Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: May 27, 2015 SUBJECT: 43`d Avenue Funding for Right-of-Way Acquisition At the Board of County Commission meeting of May 19, 2015, the Board directed staff to make a request to the City of Vero Beach to participate in the cost-share agreement between the County and the Florida Department of Transportation related to the County Incentive Grant Program locally funded agreement for the SR-60 and 43rd Avenue Right-of-Way acquisition for Intersection improvements. Staff reached out to the City of Vero Beach and received a response from Monte Falls, City of Vero Beach Public Works Director. Attached for your information is the e-mail response. According to this response, the City of Vero Beach does not agree with using their Optional Sales Tax to fund a share of the local match. APPROVED AGENDA ITEM BY: FOR: June 2, 2015 17 From: Falls, Monte <MFalls@covb.org> Sent: Thursday, May 21, 2015 8:22 AM To: Chris Mora Cc: O'Connor,Jim; Nichols, Nancy; Wesley S. Davis;Joseph E. Flescher; 'po'bryan@ircgov.com'; Bob Solari; 'tzorc@irc.gov';Joe Baird;Jason Brown; Chris Kafer; 'rszpyrka@irc.com' Subject: FW:43rd Avenue Funding For Right-Of-Way Acquisition From: Falls, Monte Sent: Thursday, May 21, 2015 8:12 AM To: 'Chris Mora' Subject: FW: 43rd Avenue Funding For Right-Of-Way Acquisition Chris: Forty-Third Avenue is a County road and as such the Local Match portion in the Local Funding Agreement with the Florida Department of Transportation is the County's responsibility. I agree that 43rd Avenue is a primary thoroughfare that serves both City and County residents, but that does not make its funding the responsibility of the City. According to the latest census figures (2010) the traffic impact to roadways within the County from City residents has decreased, while the impact from County residents has increased. The County receives revenue from fuel taxes that are not available to municipalities (constitutional fuel tax, county fuel tax, and 9th cent fuel tax). These revenue sources are for transportation expenditures including the acquisition of rights-of-way. The County also receives the majority of the Local Option Gas Tax (72.3% this year) while the City is set to receive 10.2%. Further, all City residents are County residents and pay property taxes to the County as well as the City. Can you advise if the County has made similar requests to other municipalities? If yes, please provide the documentation for our review. And if no, why not? Monte. From: Chris Mora [mailto:cmora@ ircgov.com] Sent: Tuesday, May 19, 2015 10:27 AM To: Falls, Monte Cc: O'Connor, Jim; Wesley S. Davis; Joseph E. Flescher; Peter D. O'Bryan; Bob Solari; Tim Zorc; Joe Baird; Jason Brown; Chris Kafer; Rich Szpyrka; Chris Mora Subject: 43rd Avenue Funding For Right-Of-Way Acquisition Monte, 18 The County has entered into a Local Funding Agreement (LFA)with the Florida Department of Transportation to provide funding assistance to the FDOT during the right-of-way acquisition phase of the SR60/43Av widening project. Under the terms of the agreement, local agencies are obligated to pay $4,404,627 or 50% of the $8,809,254 right-of-way acquisition cost over a 3-year period. Given that 43rd Avenue is the north-south boundary line between the City of Vero Beach and the County, and also because 43rd Avenue is a primary thoroughfare serving both City and County residents, we feel that the City of Vero Beach should split the cost of the local match (50-50) with the County. The County proposes to fund its share of the local match from the County's share of the Optional Sales Tax, and we request that the City consider taking similar action. Thanks for your consideration. Chris Christopher R. Mora, P.E. Public Works Director Indian River County 1801 27th Street, Vero Beach, FL 32960 telephone: (772) 226-1379 email: cmora(ajrcgov.com 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. 2 19 '1C BOARD OF COUNTY COMMISSIONERS 31vER glp(tr '41 May 22, 2015 * ‘ * lLORIDIs Mr. Robert Bendus, Director Division of Historical Resources Bureau of Historic Preservation 500 South Bronough Street Tallahassee, Fl 32399 Re: Grant Application —Small Category Firefighter Lookout Display and Park Indian River County, Florida Dear Mr. Bendus: The Indian River County Historical Society, Inc. is submitting a small category grant application for stabilization and restoration of the 1953 Forest Service Fire Tower and Radio Building located on property owned by the Indian River County Emergency Services District on the north- east corner of 4h Street and 43`d Avenue in Vero Beach, Florida. As the authorized representative for the district, I hereby acknowledge my support for, and full concurrence with,this application. If you have any questions or would like any additional information, please feel free to contact me at 772-226-1408. Sincerely, • I .? (gal-fd Jose A. Baird County Administrator OFFICE OF THE COUNTY ADMINISTRATOR INDIAN RIVER COUNTY 1801 27th Street, Vero Beach, Fl 32960-3388 PHONE: 772-226-1408 - FAX: 772-978-1822 20 JEFFREY R. SMITH, CPA, CGFO, CGMAo� o C Nth Clerk of Circuit Court&Comptroller 4 J�6 �o Finance Department " 5 `+.• ' 1801 27th Street ' Vero Beach, FL 32960 ; TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIREC ' ./ 1 . THRU: JEFFREY R. SMITH, COMPTROLLER it DATE: May 14, 2015 SUBJECT: APPROVAL OF WARRANTS May 7, 2015 to May 14, 2015 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of May 7, 2015 to May 14, 2015 Attachment: DLB: DB 21 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 325991 5/12/2015 TREASURY OF THE UNITED STATES 570.00 325992 5/14/2015 UTIL REFUNDS 51.19 325993 5/14/2015 UTIL REFUNDS 60.64 325994 5/14/2015 UTIL REFUNDS 14.44 325995 5/14/2015 UTIL REFUNDS 15.49 325996 5/14/2015 UTIL REFUNDS 105.71 325997 5/14/2015 UTIL REFUNDS 4.37 325998 5/14/2015 UTIL REFUNDS 50.29 325999 5/14/2015 UTIL REFUNDS 71.21 326000 5/14/2015 UTIL REFUNDS 49.23 326001 5/14/2015 UTIL REFUNDS 12.34 326002 5/14/2015 UTIL REFUNDS 43.15 326003 5/14/2015 UTIL REFUNDS 4.21 326004 5/14/2015 UTIL REFUNDS 16.97 326005 5/14/2015 UTIL REFUNDS 49.69 326006 5/14/2015 UTIL REFUNDS 44.46 326007 5/14/2015 UTIL REFUNDS 61.44 326008 5/14/2015 UTIL REFUNDS 1,088.48 326009 5/14/2015 UTIL REFUNDS 32.04 326010 5/14/2015 UTIL REFUNDS 33.34 326011 5/14/2015 UTIL REFUNDS 19.34 326012 5/14/2015 UTIL REFUNDS 76.91 326013 5/14/2015 UTIL REFUNDS 4.69 326014 5/14/2015 UTIL REFUNDS 75.73 326015 5/14/2015 UTIL REFUNDS 20.56 326016 5/14/2015 UTIL REFUNDS 73.12 326017 5/14/2015 UTIL REFUNDS 6.84 326018 5/14/2015 UTIL REFUNDS 354.82 326019 5/14/2015 UTIL REFUNDS 42.60 326020 5/14/2015 UTIL REFUNDS 64.44 326021 5/14/2015 UTIL REFUNDS 61.36 326022 5/14/2015 UTIL REFUNDS 40.96 326023 5/14/2015 UTIL REFUNDS 50.51 326024 5/14/2015 UTIL REFUNDS 74.44 326025 5/14/2015 UTIL REFUNDS 6.56 326026 5/14/2015 UTIL REFUNDS 5.41 326027 5/14/2015 UTIL REFUNDS 17.04 326028 5/14/2015 UTIL REFUNDS 73.74 326029 5/14/2015 UTIL REFUNDS 26.27 326030 5/14/2015 UTIL REFUNDS 35.34 326031 5/14/2015 UTIL REFUNDS 57.67 326032 5/14/2015 UTIL REFUNDS 73.98 326033 5/14/2015 UTIL REFUNDS 34.92 326034 5/14/2015 UTIL REFUNDS 24.85 326035 5/14/2015 UTIL REFUNDS 24.50 326036 5/14/2015 UTIL REFUNDS 13.63 326037 5/14/2015 UTIL REFUNDS 15.13 326038 5/14/2015 UTIL REFUNDS 31.59 326039 5/14/2015 UTIL REFUNDS 52.61 326040 5/14/2015 UTIL REFUNDS 4.08 326041 5/14/2015 UTIL REFUNDS 26.15 326042 5/14/2015 UTIL REFUNDS 69.75 326043 5/14/2015 UTIL REFUNDS 101.58 326044 5/14/2015 UTIL REFUNDS 85.42 326045 5/14/2015 UTIL REFUNDS 68.22 326046 5/14/2015 UTIL REFUNDS 826.14 326047 5/14/2015 UTIL REFUNDS 62.86 326048 5/14/2015 UTIL REFUNDS 68.14 22 1 TRANS NBR DATE VENDOR AMOUNT 326049 5/14/2015 UTIL REFUNDS 17.04 326050 5/14/2015 UTIL REFUNDS 78.32 326051 5/14/2015 UTIL REFUNDS 54.69 326052 5/14/2015 UTIL REFUNDS 50.22 326053 5/14/2015 UTIL REFUNDS 72.43 326054 5/14/2015 UTIL REFUNDS 33.59 326055 5/14/2015 UTIL REFUNDS 26.28 326056 5/14/2015 UTIL REFUNDS 66.39 326057 5/14/2015 UTIL REFUNDS 73.78 326058 5/14/2015 UTIL REFUNDS 42.46 326059 5/14/2015 UTIL REFUNDS 61.02 326060 5/14/2015 UTIL REFUNDS 62.38 326061 5/14/2015 UTIL REFUNDS 78.47 326062 5/14/2015 UTIL REFUNDS 39.04 326063 5/14/2015 UTIL REFUNDS 24.62 326064 5/14/2015 UTIL REFUNDS 78.39 326065 5/14/2015 PORT CONSOLIDATED INC 63,349.91 326066 5/14/2015 JORDAN MOWER INC 4,215.53 326067 5/14/2015 TEN-8 FIRE EQUIPMENT INC 4,677.04 326068 5/14/2015 RANGER CONSTRUCTION IND INC 788.20 326069 5/14/2015 VELDE FORD INC 577.72 326070 5/14/2015 AT&T WIRELESS 1,887.84 326071 5/14/2015 E-Z BREW COFFEE&BOTTLE WATER SVC 93.36 326072 5/14/2015 KELLY TRACTOR CO 745.74 326073 5/14/2015 COCA COLA REFRESHMENTS USA INC 0.00 326074 5/14/2015 REPUBLIC SERVICES INC 729.99 326075 5/14/2015 QUALITY BOOKS INC 45.07 326076 5/14/2015 AMERIGAS EAGLE PROPANE LP 139.00 326077 5/14/2015 AMERIGAS EAGLE PROPANE LP 223.31 326078 5/14/2015 AMERIGAS EAGLE PROPANE LP 1,199.00 326079 5/14/2015 AMERIGAS EAGLE PROPANE LP 28.22 326080 5/14/2015 WILD LAND ENTERPRISES INC 408.00 326081 5/14/2015 HACH CO 3,220.79 326082 5/14/2015 LFI FORT PIERCE INC 2,218.00 326083 5/14/2015 PHYSIO CONTROL INC 160,136.36 326084 5/14/2015 MASTELLER MOLER&TAYLOR INC 2,500.00 326085 5/14/2015 KSM ENGINEERING&TESTING INC 630.00 326086 5/14/2015 HD SUPPLY WATERWORKS,LTD 5,318.61 326087 5/14/2015 BOUND TREE MEDICAL LLC 2,535.48 326088 5/14/2015 PETES CONCRETE 1,800.00 326089 5/14/2015 EGP INC 277.80 326090 5/14/2015 VERO INDUSTRIAL SUPPLY INC 106.57 326091 5/14/2015 ACE PLUMBING INC 208.50 326092 5/14/2015 FLORIDA VETERINARY LEAGUE 149.48 326093 5/14/2015 TIRESOLES OF BROWARD INC 2,803.90 326094 5/14/2015 BFS RETAIL OPERATIONS LLC 741.96 326095 5/14/2015 DELL MARKETING LP 2,638.18 326096 5/14/2015 XEROX CORP SUPPLIES 10.75 326097 5/14/2015 GENERAL PART INC 3,768.49 326098 5/14/2015 BLAKESLEE SERVICES INC 760.00 326099 5/14/2015 BAKER&TAYLOR INC 3,513.46 326100 5/14/2015 BARNEYS PUMP INC 2,998.00 326101 5/14/2015 BRANDTS APPLIANCE SERVICE INC 89.00 326102 5/14/2015 MIDWEST TAPE LLC 619.65 326103 5/14/2015 MICROMARKETING LLC 220.94 326104 5/14/2015 K&M ELECTRIC SUPPLY 105.72 326105 5/14/2015 BAKER DISTRIBUTING CO LLC 1,695.00 326106 5/14/2015 PALM TRUCK CENTERS INC 643.04 326107 5/14/2015 PATRICK EXTERMINATING INC 197.95 326108 5/14/2015 PAUL JULIN 369.00 23 2 TRANS NBR DATE VENDOR AMOUNT 326109 5/14/2015 CREATIVE CHOICE HOMES XVI LTD 1,452.00 326110 5/14/2015 CITY OF VERO BEACH 79.55 326111 5/14/2015 CITY OF VERO BEACH 99,141.80 326112 5/14/2015 CITY OF VERO BEACH 1,197.00 326113 5/14/2015 STEPHEN WOJTASZEK 105.52 326114 5/14/2015 FLORIDA EAST COAST RAILWAY LLC 6,804.00 326115 5/14/2015 JANITORIAL DEPOT OF AMERICA INC 752.04 326116 5/14/2015 TREASURE COAST HOMELESS SERVICES 15.00 326117 5/14/2015 HUMANE SOCIETY 30,032.50 326118 5/14/2015 ARTHUR J GALLAGHER RISK MGMT SERV INC 1,608,961.38 326119 5/14/2015 FEDERAL EXPRESS CORP 20.16 326120 5/14/2015 FEDERAL EXPRESS CORP 52.46 326121 5/14/2015 TYLER TECHNOLOGIES INC 142,580.63 326122 5/14/2015 CITY OF SEBASTIAN 23,074.15 326123 5/14/2015 TRAFFIC PARTS INC 2,780.00 326124 5/14/2015 CALLAWAY GOLF SALES COMPANY 6,479.89 326125 5/14/2015 FLORIDA POWER AND LIGHT 7,070.92 326126 5/14/2015 FLORIDA POWER AND LIGHT 1,852.97 326127 5/14/2015 FLORIDA POWER AND LIGHT 1,274.24 326128 5/14/2015 PUBLIC DEFENDER 7,689.61 326129 5/14/2015 BLUE CROSS&BLUE SHIELD of FLORIDA 1,139.97 326130 5/14/2015 IRC HOUSING AUTHORITY 435.00 326131 5/14/2015 BASIL D DANCY 1,070.79 326132 5/14/2015 BRE-CLEARWATER OWNER LLC 139.00 326133 5/14/2015 GIFFORD YOUTH ACTIVITY CENTER INC 7,268.08 326134 5/14/2015 STATE ATTORNEY 1,361.27 326135 5/14/2015 CITY OF FELLSMERE 205.29 326136 5/14/2015 PEACE RIVER ELECTRIC COOP INC 357.00 326137 5/14/2015 NEW HORIZONS OF THE TREASURE COAST 23,229.50 326138 5/14/2015 US KIDS GOLF LLC 281.42 326139 5/14/2015 STRUNK FUNERAL HOMES&CREMATORY 425.00 326140 5/14/2015 FLORIDA STATE GOLF ASSOCIATION 118.00 326141 5/14/2015 G K ENVIRONMENTAL INC 840.00 326142 5/14/2015 KEEP INDIAN RIVER BEAUTIFUL INC 7,648.26 326143 5/14/2015 AIRGAS CARBONIC INC 5,722.79 326144 5/14/2015 NORTHERN TOOL&EQUIPMENT CO 859.98 326145 5/14/2015 BRIGGS GOLF CONSTRUCTION INC 3,090.00 326146 5/14/2015 INDIAN RIVER COUNTY HOUSING AUTHORITY 173.00 326147 5/14/2015 MICHAEL QUIGLEY 80.00 326148 5/14/2015 RUSSELL PAYNE INC 313.32 326149 5/14/2015 SCOTT MCADAM 52.00 326150 5/14/2015 CELICO PARTNERSHIP 1,878.59 326151 5/14/2015 ANIXTER INC 141.90 326152 5/14/2015 JEAN PETERS 120.00 326153 5/14/2015 CINDY CORRENTE 30.90 326154 5/14/2015 VAN WAL INC 934.00 326155 5/14/2015 JOSEPH W VASQUEZ 75.00 326156 5/14/2015 DASIE BRIDGEWATER HOPE CENTER INC 13,581.72 326157 5/14/2015 FLORIDA RURAL LEGAL SERVICES INC 2,781.83 326158 5/14/2015 FAIRFIELD INN 89.00 326159 5/14/2015 FAIRFIELD INN 89.00 326160 5/14/2015 FAIRFIELD INN 89.00 326161 5/14/2015 OCLC ONLINE COMPUTER LIBRARY CENTER 397.67 326162 5/14/2015 TCG SONRISE II LLC 419.00 326163 5/14/2015 CENTRAL PUMP&SUPPLY INC 442.13 326164 5/14/2015 E W SIVER&ASSOCIATES INC 3,799.17 326165 5/14/2015 YOUNG'S COMMUNICATIONS CO INC 2,001.94 326166 5/14/2015 C W NIELSEN MFG CORP 1,729.70 326167 5/14/2015 JOHN DEERE LANDSCAPES 33.00 326168 5/14/2015 CAROLE J MADIGAN 1,474.50 24 3 TRANS NBR DATE VENDOR AMOUNT 326169 5/14/2015 DAYSPRING 500.00 326170 5/14/2015 D&S ENTERPRISES OF VERO BCH LLC 85.50 326171 5/14/2015 SUNCOAST REALTY&RENTAL MGMT LLC 477.00 326172 5/14/2015 OAK RIVER PROPERTIES INC 49.00 326173 5/14/2015 PETER OBRYAN 29.97 326174 5/14/2015 PAK MAIL 127.85 326175 5/14/2015 JOHNNY B SMITH 100.00 326176 5/14/2015 SUMMERLINS MARINE CONST LLC 1,200.00 326177 5/14/2015 FIRE FACILITIES INC 284.80 326178 5/14/2015 SYNGENTA CROP PROTECTION,INC 40,007.79 326179 5/14/2015 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,250.00 326180 5/14/2015 KATHLEEN P DOUGHERTY 120.00 326181 5/14/2015 RENAE CHANDLER 120.00 326182 5/14/2015 DANA SAFETY SUPPLY INC 202.00 326183 5/14/2015 K'S COMMERCIAL CLEANING 1,535.00 326184 5/14/2015 APRIL CARINI 50.00 326185 5/14/2015 YOUTH GUIDANCE DONATION FUND 416.67 326186 5/14/2015 SOUTHEAST POWER SYSTEMS OF ORLANDO 665.75 326187 5/14/2015 EXPRESS SUPPLY INC 1,684.00 326188 5/14/2015 OMNI ORLANDO RESORT 119.00 326189 5/14/2015 OMNI ORLANDO RESORT 149.00 326190 5/14/2015 SAID S MOOBARK 308.00 326191 5/14/2015 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 111.90 326192 5/14/2015 HELPING ANIMALS LIVE-OVERCOME 4.00 326193 5/14/2015 FLORIDA SECTION ITE 550.00 326194 5/14/2015 WOERNER DEVELOPMENT INC 600.00 326195 5/14/2015 BOULEVARD TIRE CENTER 1,290.42 326196 5/14/2015 JANCY PET BURIAL SERVICE INC 17.00 326197 5/14/2015 MURPHY&WALKER P L 11,854.70 326198 5/14/2015 SAFETY SCHELL CORPORATION 862.93 326199 5/14/2015 DELRAY MOTORS 110.23 326200 5/14/2015 CIT FINANCE LLC 186.21 326201 5/14/2015 MANCILS TRACTOR SERVICE INC 39,034.80 326202 5/14/2015 SOUTHEASTERN SECURITY CONSULTANTS INC 92.50 326203 5/14/2015 STATE OF FLORIDA PUBLIC ASSISTANCE 183,170.66 326204 5/14/2015 STATE OF FLORIDA PUBLIC ASSISTANCE 452,500.00 326205 5/14/2015 STATE OF FLORIDA PUBLIC ASSISTANCE 477,593.95 326206 5/14/2015 NEWSOM OIL COMPANY 1,101.25 326207 5/14/2015 LINDA GRAHAM 240.00 326208 5/14/2015 LOWES HOME CENTERS INC 991.15 326209 5/14/2015 LABOR READY SOUTHEAST INC 18,654.87 326210 5/14/2015 CARDINAL HEALTH 110 INC 1,814.38 326211 5/14/2015 CARDINAL HEALTH 110 INC 99.50 326212 5/14/2015 ALEX MIKLO 25.00 326213 5/14/2015 AGN SPORTS LLC 150.00 326214 5/14/2015 RIKSARKIVET 299.50 326215 5/14/2015 STEVEN G HANSEN 210.00 326216 5/14/2015 PENGUIN RANDOM HOUSE LLC 191.25 326217 5/14/2015 BRIAN HORNE 136.00 326218 5/14/2015 AMERICAN SIGN RECOVERY INC 4,752.53 326219 5/14/2015 MICHAEL M SWAIN 600.00 326220 5/14/2015 KANSAS STATE BANK OF MANHATTAN 138.40 326221 5/14/2015 SAMBA HOLDINGS INC 1,170.92 326222 5/14/2015 WADE WILSON 50.00 326223 5/14/2015 BRUCE SABOL 120.00 326224 5/14/2015 SARAH LEWIS STEINKE 50.00 326225 5/14/2015 DAVID W.HOLLOWAY,PA 182,102.25 326226 5/14/2015 MONA MOSHKI 120.00 326227 5/14/2015 AMEC ENVIRONMENT&INFRASTRUCTURE INC 15,006.78 326228 5/14/2015 FORTILINE INC 19,165.00 25 4 TRANS NBR DATE VENDOR AMOUNT 326229 5/14/2015 AXIS DATA SOLUTIONS INC 20,358.25 326230 5/14/2015 DESIGNER CONCRETE COUNTERS LLC 360.00 326231 5/14/2015 STS MAINTAIN SERVICES INC 1,450.00 326232 5/14/2015 AMERITAS 20,805.50 326233 5/14/2015 BRYAN CAVE LLP 173,982.05 326234 5/14/2015 INTEGRITY LAWNS LLC 1,750.00 326235 5/14/2015 MAVERICK UNITED ELEVATOR LLC 1,480.00 326236 5/14/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 697.00 326237 5/14/2015 RELIANT FIRE SYSTEMS INC 212.50 326238 5/14/2015 CHRISTINA WAGNER 90.00 326239 5/14/2015 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 326240 5/14/2015 SYLIVIA MILLER 1,385.00 326241 5/14/2015 ANFIELD CONSULTING GROUP INC 10,000.00 326242 5/14/2015 HUDSON VINYL PRODUCTS INC 427.00 326243 5/14/2015 WEST COAST TELCOM PRODUCTS 1,721.41 326244 5/14/2015 SUN AQUATICS LLC 120.00 326245 5/14/2015 MICHAEL CARDELL 25.00 326246 5/14/2015 JACQUELINE BRADLEY 50.00 326247 5/14/2015 MARY COBB 50.00 326248 5/14/2015 CONCETTA HALL 50.00 326249 5/14/2015 DIMICHELLI'S CATERING INC 915.00 326250 5/14/2015 LINDA WALL 120.00 326251 5/14/2015 MILLER APPRAISAL GROUP INC 2,850.00 326252 5/14/2015 RICH SZPYRKA 9.30 326253 5/14/2015 BENEDICTA MCGRATH 360.20 326254 5/14/2015 ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,692.00 Grand Total: 4,019,762.43 check 326073 was voided before Crystal report was printed. 26 5 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1006493 5/7/2015 COMMUNICATIONS INTERNATIONAL 741.00 1006494 5/7/2015 ALLIED UNIVERSAL CORP 5,997.81 1006495 5/7/2015 IRRIGATION CONSULTANTS UNLIMITED INC 1,255.91 1006496 5/7/2015 GROVE WELDERS INC 2,641.70 1006497 5/7/2015 COMMUNITY ASPHALT CORP 770.78 1006498 5/7/2015 FERGUSON ENTERPRISES INC 8,642.64 1006499 5/7/2015 DUNKELBERGER ENGINEERING&TESTING 9,595.00 1006500 5/7/2015 GLOBAL GOLF SALES INC 277.91 1006501 5/7/2015 CAPITAL OFFICE PRODUCTS 918.16 1006502 5/7/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 438.10 1006503 5/8/2015 OFFICE DEPOT BSD CUSTOMER SVC 760.87 1006504 5/8/2015 WASTE MANAGEMENT INC 3,484.39 1006505 5/8/2015 COMCAST 104.80 1006506 5/8/2015 BRIDGESTONE GOLF INC 1,435.86 1006507 5/12/2015 COPYCO INC 233.21 1006508 5/12/2015 SAFETY PRODUCTS INC 4,031.83 1006509 5/12/2015 MIKES GARAGE&WRECKER SERVICE INC 55.00 1006510 5/12/2015 MORNING STAR PERSONILIZED APPAREL INC 312.00 1006511 5/12/2015 WORLD INDUSTRIAL EQUIPMENT INC 24,500.00 1006512 5/12/2015 SOUTHERN COMPUTER WAREHOUSE 672.36 1006513 5/12/2015 SVI SYSTEMS INC 95.00 1006514 5/12/2015 SEBASTIAN OFFICE SUPPLY CO 212.23 1006515 5/12/2015 SYNAGRO-WWT INC 36,133.26 1006516 5/12/2015 SOUTHERN JANITOR SUPPLY INC 2,957.37 1006517 5/12/2015 METRO FIRE PROTECTION SERVICES INC 59.95 1006518 5/12/2015 S&S AUTO PARTS 305.58 1006519 5/12/2015 STAT MEDICAL DISPOSAL INC 65.00 1006520 5/14/2015 EVERGLADES FARM EQUIPMENT CO INC 1,470.55 1006521 5/14/2015 COMMUNICATIONS INTERNATIONAL 44.00 1006522 5/14/2015 NORTH SOUTH SUPPLY INC 97.04 1006523 5/14/2015 COLD AIR DISTRIBUTORS WAREHOUSE 226.06 1006524 5/14/2015 INDIAN RIVER BATTERY 584.45 1006525 5/14/2015 INDIAN RIVER OXYGEN INC 62.50 1006526 5/14/2015 DEMCO INC 965.58 1006527 5/14/2015 DAVIDSON TITLES INC 511.66 1006528 5/14/2015 APPLE INDUSTRIAL SUPPLY CO 445.68 1006529 5/14/2015 AIR COMPRESSOR WORKS 741.34 1006530 5/14/2015 ALLIED UNIVERSAL CORP 16,307.09 1006531 5/14/2015 THE EXPEDITER 141.47 1006532 5/14/2015 GROVE WELDERS INC 64.09 1006533 5/14/2015 CENGAGE LEARNING CORPORATION 15.60 1006534 5/14/2015 FERGUSON ENTERPRISES INC 2,746.98 1006535 5/14/2015 HD SUPPLY FACILITIES MAINTENANCE LTD 823.18 1006536 5/14/2015 COMO OIL COMPANY OF FLORIDA 170.51 1006537 5/14/2015 GLOBAL GOLF SALES INC 107.49 1006538 5/14/2015 MIDWEST MOTOR SUPPLY CO 180.00 1006539 5/14/2015 ECONOLITE CONTROL PRODUCTS INC 524.00 1006540 5/14/2015 COPYTRONICS INC 302.02 1006541 5/14/2015 CAPITAL OFFICE PRODUCTS 405.65 1006542 5/14/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 223.20 1006543 5/14/2015 STAT MEDICAL DISPOSAL INC 65.00 1006544 5/14/2015 IMAGENET CONSULTING LLC 160.00 1006545 5/14/2015 KAMAN INDUSTRIAL TECHNOLOGLES CORPORATION 24,468.90 1006546 5/14/2015 AT&T 31.44 Grand Total: 158,583.20 27 1 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3568 5/7/2015 SENIOR RESOURCE ASSOCIATION 24,698.38 3569 5/8/2015 ICMA RETIREMENT CORPORATION 2,160.00 3570 5/8/2015 IRC FIRE FIGHTERS ASSOC 5,940.00 3571 5/8/2015 NACO/SOUTHEAST 23,376.28 3572 5/8/2015 ICMA RETIREMENT CORPORATION 11,478.42 3573 5/8/2015 NACO/SOUTHEAST 474.07 3574 5/8/2015 FLORIDA LEAGUE OF CITIES,INC 5,817.49 3575 5/8/2015 FL SDU 5,940.59 3576 5/8/2015 KAST CONSTRUCTION COMPANY LLC 188,021.82 3577 5/8/2015 INDIAN RIVER COUNTY SHERIFF 11,530.82 3578 5/8/2015 VETERANS COUNCIL OF I R C 5,591.56 3579 5/8/2015 VEROTOWN LLC 33,785.38 3580 5/8/2015 CDM SMITH INC 22,535.20 3581 5/11/2015 IRS-PAYROLL TAXES 356,091.71 3582 5/13/2015 BENEFITS WORKSHOP 6,667.42 3583 5/13/2015 B/C B/S OF FL ADM FEE 32,867.10 3584 5/13/2015 I R C HEALTH INSURANCE-TRUST 54,340.04 3585 5/13/2015 I R C HEALTH INSURANCE-TRUST 444,222.14 3586 5/13/2015 MUTUAL OF OMAHA 16,043.38 3587 5/13/2015 HEALTH ADVOCATE 1,085.70 3588 5/13/2015 SUN LIFE FINANCIAL 16,002.56 Grand Total: 1,268,670.06 28 1 e) JEFFREY R. SMITH, CPA, CGFO, CGMA �`F •°ouNr� U. Clerk of Circuit Court&Comptroller 4' o 4 \-„ Finance Department "�: ,' M 1801 27t Street Vero Beach,FL 32960 '+Ph.,,.. TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER • DATE: May 21, 2015 SUBJECT: APPROVAL OF WARRANTS May 15, 2015 to May 21, 2015 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of May 15, 2015 to May 21, 2015 Attachment: DLB: DB 29 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 326255 5/15/2015 TREASURE COAST SPORTS COMMISSION INC 15,000.00 326256 5/21/2015 CLEMENTS PEST CONTROL 390.00 326257 5/21/2015 PORT CONSOLIDATED INC 899.19 326258 5/21/2015 JORDAN MOWER INC 108.31 326259 5/21/2015 TEN-8 FIRE EQUIPMENT INC 669.39 326260 5/21/2015 RANGER CONSTRUCTION IND INC 378.00 326261 5/21/2015 VERO CHEMICAL DISTRIBUTORS INC 658.15 326262 5/21/2015 RICOH USA INC 108.11 326263 5/21/2015 KIMLEY HORN&ASSOC INC 11,550.00 326264 5/21/2015 STEWART MATERIALS INC 1,196.10 326265 5/21/2015 AT&T WIRELESS 1,413.44 326266 5/21/2015 DATA FLOW SYSTEMS INC 170.36 326267 5/21/2015 DELTA SUPPLY CO 66.28 326268 5/21/2015 E-Z BREW COFFEE&BOTTLE WATER SVC 22.47 326269 5/21/2015 GRAINGER 7,207.20 326270 5/21/2015 KELLY TRACTOR CO 613.38 326271 5/21/2015 SAFETY KLEEN SYSTEMS INC 305.60 326272 5/21/2015 REPUBLIC SERVICES INC 504,778.28 326273 5/21/2015 REPUBLIC SERVICES INC 562.82 326274 5/21/2015 MCMASTER CARR SUPPLY CO 157.59 326275 5/21/2015 MY RECEPTIONIST INC 244.85 326276 5/21/2015 AMERIGAS EAGLE PROPANE LP 55.19 326277 5/21/2015 AMERIGAS EAGLE PROPANE LP 139.00 326278 5/21/2015 WILD LAND ENTERPRISES INC 11.74 326279 5/21/2015 HACH CO 195.36 326280 5/21/2015 3M CO 1,650.00 326281 5/21/2015 ALLIED ELECTRONICS INC 983.75 326282 5/21/2015 DEEP SIX DIVE SHOP INC 1,439.98 326283 5/21/2015 KSM ENGINEERING&TESTING INC 90.00 326284 5/21/2015 HD SUPPLY WATERWORKS,LTD 2,727.93 326285 5/21/2015 BOUND TREE MEDICAL LLC 237.64 326286 5/21/2015 SCHULKE BITTLE&STODDARD LLC 1,653.38 326287 5/21/2015 EGP INC 628.59 326288 5/21/2015 VERO INDUSTRIAL SUPPLY INC 267.54 326289 5/21/2015 ACE PLUMBING INC 326.50 326290 5/21/2015 AMERICAN RESIDENTIAL SERVICES LLC 45.00 326291 5/21/2015 EXPRESS REEL GRINDING INC 2,000.00 326292 5/21/2015 TIRESOLES OF BROWARD INC 5,895.20 326293 5/21/2015 OXFORD UNIVERSITY PRESS 12.71 326294 5/21/2015 BFS RETAIL OPERATIONS LLC 403.64 326295 5/21/2015 PARAGON ELECTRIC INC 20,846.00 326296 5/21/2015 DELL MARKETING LP 3,736.27 326297 5/21/2015 GENERAL PART INC 2,082.81 326298 5/21/2015 SIGNS INA DAY 390.00 326299 5/21/2015 ASPHALT RECYCLING INC 62,772.64 326300 5/21/2015 BAKER&TAYLOR INC 3,267.94 326301 5/21/2015 MIDWEST TAPE LLC 118.95 326302 5/21/2015 JONAS SOFTWARE USA INC 21.40 326303 5/21/2015 MICROMARKETING LLC 180.97 326304 5/21/2015 TY COBB SERVICE INC 300.00 326305 5/21/2015 PALM TRUCK CENTERS INC 4,140.88 326306 5/21/2015 RELIABLE POLY JOHN 81.51 326307 5/21/2015 FLORIDA ASSOCIATION OF COUNTIES INC 475.00 326308 5/21/2015 CLERK OF CIRCUIT COURT 297.37 326309 5/21/2015 CITY OF VERO BEACH 20,401.22 326310 5/21/2015 CITY OF VERO BEACH 312.91 326311 5/21/2015 CITY OF VERO BEACH 1,197.00 326312 5/21/2015 ILLINOIS STATE DISBURSEMENT UNIT 142.32 30 1 TRANS NBR DATE VENDOR AMOUNT 326313 5/21/2015 CHAPTER 13 TRUSTEE 478.38 326314 5/21/2015 UNITED WAY OF INDIAN RIVER COUNTY 714.94 326315 5/21/2015 INDIAN RIVER ALL FAB INC 70.91 326316 5/21/2015 UNITED PARCEL SERVICE INC 172.83 326317 5/21/2015 JANITORIAL DEPOT OF AMERICA INC 247.29 326318 5/21/2015 TREASURE COAST HOMELESS SERVICES 865.93 326319 5/21/2015 PUBLIX SUPERMARKETS 90.00 326320 5/21/2015 PUBLIX SUPERMARKETS 84.90 326321 5/21/2015 TREASURE COAST BUILDERS ASSOC 120.00 326322 5/21/2015 WAL MART STORES EAST LP 122.88 326323 5/21/2015 IRC CHAMBER OF COMMERCE 5,683.80 326324 5/21/2015 WEST PUBLISHING CORPORATION 291.00 326325 5/21/2015 FEDERAL EXPRESS CORP 126.89 326326 5/21/2015 NATIONAL RECREATION& PARK ASSOC 165.00 326327 5/21/2015 TRI-SURE CORPORATION 323,691.60 326328 5/21/2015 JOHN KING 42.00 326329 5/21/2015 CALLAWAY GOLF SALES COMPANY 148.82 326330 5/21/2015 FLORIDA RECREATION&PARK ASSOC INC 160.00 326331 5/21/2015 FLORIDA POWER AND LIGHT 42,826.87 326332 5/21/2015 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 326333 5/21/2015 TAYLOR MADE GOLF CO INC 688.00 326334 5/21/2015 IRC HOUSING AUTHORITY 400.00 326335 5/21/2015 GIFFORD YOUTH ACTIVITY CENTER INC 2,896.88 326336 5/21/2015 GAIL E FLINN 285.00 326337 5/21/2015 CITY OF FELLSMERE 29.10 326338 5/21/2015 SUNSHINE STATE ONE CALL OF FL INC 1,127.90 326339 5/21/2015 LANGUAGE LINE SERVICES INC 372.29 326340 5/21/2015 STRUNK FUNERAL HOMES&CREMATORY 425.00 326341 5/21/2015 CHRISTOPHER R MORA 244.90 326342 5/21/2015 IRC HEALTHY START COALITION INC 416.66 326343 5/21/2015 BE SAFE SECURITY ALARMS INC 554.70 326344 5/21/2015 ALAN C KAUFFMANN 100.00 326345 5/21/2015 CHILDRENS HOME SOCIETY OF FL 3,500.00 326346 5/21/2015 NABORS GIBLIN&NICKERSON PA 500.00 326347 5/21/2015 NORTHERN TOOL&EQUIPMENT CO 1,715.47 326348 5/21/2015 DONADIO AND ASSOCIATES ARCHITECTS 400.00 326349 5/21/2015 PINNACLE GROVE LTD 500.00 326350 5/21/2015 DAVCO ELECTRICAL CONTRACTORS CORP 4,514.00 326351 5/21/2015 HAYTH,HAYTH&LANDAU 125.00 326352 5/21/2015 INDIAN RIVER COUNTY HOUSING AUTHORITY 400.00 326353 5/21/2015 SANDRA SEELEY 78.40 326354 5/21/2015 RUSSELL PAYNE INC 288.12 326355 5/21/2015 PAULA CANTLON 185.00 326356 5/21/2015 FLORIDA DEPT OF JUVENILE JUSTICE 20,200.96 326357 5/21/2015 VAN WAL INC 151.00 326358 5/21/2015 MICHAEL T WYATT 75.00 326359 5/21/2015 JOSEPH W VASQUEZ 100.00 326360 5/21/2015 J&J AUTOWORKS INC 125.40 326361 5/21/2015 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 326362 5/21/2015 BIG BROTHERS AND BIG SISTERS 1,250.00 326363 5/21/2015 STACY FAULKNER 264.25 326364 5/21/2015 MBV ENGINEERING INC 562.50 326365 5/21/2015 CENTRAL PUMP&SUPPLY INC 188.46 326366 5/21/2015 MASTELLER&MOLER INC 18,207.97 326367 5/21/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 219.57 326368 5/21/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 222.55 326369 5/21/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 124.18 326370 5/21/2015 JOHN DEERE LANDSCAPES 196.50 326371 5/21/2015 DAYSPRING 250.00 326372 5/21/2015 ORCHID ISLAND PROPERTY MGMT II INC 2,800.00 31 2 TRANS NBR DATE VENDOR AMOUNT 326373 5/21/2015 HINKLE&SONS SERVICES INC 3,400.00 326374 5/21/2015 PETER OBRYAN 43.93 326375 5/21/2015 JOSEPHAKRAUSS IV 100.00 326376 5/21/2015 OSLO 27 LLC 5,648.36 326377 5/21/2015 JOHNNY B SMITH 100.00 326378 5/21/2015 KEATON,KENNETH M 670.00 326379 5/21/2015 VERO BEACH BROADCASTERS LLC 100.00 326380 5/21/2015 MARINCO BIOASSAY LABORATORY INC 2,020.00 326381 5/21/2015 STEPHEN COURTRIGHT 200.00 326382 5/21/2015 FLORIDA HANDLING SYSTEMS INC 1,356.61 326383 5/21/2015 OSLO VALLEY PROPERTIES INC 500.00 326384 5/21/2015 LARIAT ENTERPRISES INC 685.88 326385 5/21/2015 KNAPHE1DE TRUCK EQUIPMENT SOUTHEAST 709.37 326386 5/21/2015 MELVIN BUSH CONSTRUCTION INC 48,396.72 326387 5/21/2015 INEOS NEW PLANET BIOENERGY LLC 81,347.23 326388 5/21/2015 WOERNER DEVELOPMENT INC 91.50 326389 5/21/2015 ATLANTIC COASTAL LAND TITLE CO LLC 300.00 326390 5/21/2015 GUETTLER BROTHERS CONSTRUCTION LLC 287,918.40 326391 5/21/2015 BOULEVARD TIRE CENTER 2,484.60 326392 5/21/2015 DELRAY MOTORS 154.39 326393 5/21/2015 OVERDRIVE INC 203.83 326394 5/21/2015 TIM ZORC 329.69 326395 5/21/2015 HOUSING AUTHORITY 247.00 326396 5/21/2015 ALTERATIONS BLESSED 112.00 326397 5/21/2015 REPROGRAPHIC SOLUTIONS INC 87.02 326398 5/21/2015 LOWES HOME CENTERS INC 2,497.54 326399 5/21/2015 LABOR READY SOUTHEAST INC 9,656.93 326400 5/21/2015 PPG ARCHITECTURAL FINISHES INC 68.13 326401 5/21/2015 EMILY K DIMATTEO 40.00 326402 5/21/2015 ALEX M1KLO 25.00 326403 5/21/2015 IMPECCABLE SIGNS INC 588.00 326404 5/21/2015 APRIL HOLTON 50.00 326405 5/21/2015 COMMERCIAL BUILDING MAINTENANCE 1,590.00 326406 5/21/2015 PENGUIN RANDOM HOUSE LLC 216.74 326407 5/21/2015 SCADA SOLUTIONS LLC 5,800.00 326408 5/21/2015 KRAUS ASSOCIATES INC 9,937.50 326409 5/21/2015 KANSAS STATE BANK OF MANHATTAN 1,028.97 326410 5/21/2015 STEWART&STEVENSON FDDA LLC 1,712.00 326411 5/21/2015 C E R SIGNATURE CLEANING 850.00 326412 5/21/2015 RYAN HERCO PRODUCTS CORP 2,014.50 326413 5/21/2015 CHEMTRADE CHEMICALS CORPORTATION 2,506.24 326414 5/21/2015 WADE WILSON 25.00 326415 5/21/2015 FAMILY SUPPORT REGISTRY 9.66 326416 5/21/2015 COAST TO COAST COMPUTER PRODUCTS 111.96 326417 5/21/2015 AXIS DATA SOLUTIONS INC 16,000.00 326418 5/21/2015 ANDREW D.FLEISHER,ESQ 150.00 326419 5/21/2015 EAST COAST VETERINARY SERVICES LLC 28.00 326420 5/21/2015 ALL N PROFESSIONAL SERVICES 950.00 326421 5/21/2015 ARROW INTERNATIONAL 1,108.47 326422 5/21/2015 VERITAS GOLF LLC 210.90 326423 5/21/2015 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 326424 5/21/2015 SYLIVIAMILLER 1,042.00 326425 5/21/2015 HAWKINS INC 1,039.00 326426 5/21/2015 LONGHORN LANDSCAPING AND SOD LLC 1,372.50 326427 5/21/2015 DELRAY BEACH HOUSING AUTHORITY 218.00 326428 5/21/2015 ANSRAUDIO INC 412.99 326429 5/21/2015 FARONICS TECHNOLOGIES USA INC 1,500.00 326430 5/21/2015 ADEESHA HARDEN 50.00 326431 5/21/2015 KEVIN GRIFFITHS 50.00 326432 5/21/2015 EUGENE ODELL 100.00 32 3 TRANS NBR DATE VENDOR AMOUNT 326433 5/21/2015 WILLIAM E ROSE 500.00 326434 5/21/2015 LATOYA BENNEFIELD 50.00 326435 5/21/2015 VICTORIA G FYKE 192.46 326436 5/21/2015 CARLOS ALVAREZ ESQ 1,878.10 326437 5/21/2015 UTIL REFUNDS 84.63 326438 5/21/2015 UTIL REFUNDS 10.58 326439 5/21/2015 UTIL REFUNDS 28.56 326440 5/21/2015 UTIL REFUNDS 89.29 326441 5/21/2015 UTIL REFUNDS 4.82 326442 5/21/2015 UTIL REFUNDS 64.33 326443 5/21/2015 UTIL REFUNDS 15.18 326444 5/21/2015 UTIL REFUNDS 85.22 326445 5/21/2015 UTIL REFUNDS 3.99 326446 5/21/2015 UTIL REFUNDS 43.97 326447 5/21/2015 UTIL REFUNDS 42.33 326448 5/21/2015 UTIL REFUNDS 8.94 326449 5/21/2015 UTIL REFUNDS 43.45 326450 5/21/2015 UTIL REFUNDS 84.19 326451 5/21/2015 UTIL REFUNDS 109.92 326452 5/21/2015 UTIL REFUNDS 90.40 326453 5/21/2015 UTIL REFUNDS 38.90 326454 5/21/2015 UTIL REFUNDS 48.79 326455 5/21/2015 UTIL REFUNDS 41.61 326456 5/21/2015 UTIL REFUNDS 90.16 326457 5/21/2015 UTIL REFUNDS 45.45 326458 5/21/2015 UTIL REFUNDS 40.43 326459 5/21/2015 UTIL REFUNDS 62.94 326460 5/21/2015 UTIL REFUNDS 22.16 326461 5/21/2015 UTIL REFUNDS 44.83 326462 5/21/2015 UTIL REFUNDS 251.38 326463 5/21/2015 UTIL REFUNDS 75.16 326464 5/21/2015 UTIL REFUNDS 294.91 326465 5/21/2015 UTIL REFUNDS 66.64 326466 5/21/2015 UTIL REFUNDS 43.01 326467 5/21/2015 RICOH USA INC 144.37 326468 5/21/2015 IRC CHAMBER OF COMMERCE 12,106.07 326469 5/21/2015 LINDA DRINKARD 3,552.67 Grand Total: 1,648,283.06 33 4 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1006547 5/15/2015 OFFICE DEPOT BSD CUSTOMER SVC 757.31 1006548 5/15/2015 WASTE MANAGEMENT INC 1,411.07 1006549 5/15/2015 COMCAST 115.80 1006550 5/15/2015 ARAMARK UNIFORM&CAREER APPAREL LLC 1,170.01 1006551 5/15/2015 SOUTHERN PLUMBING INC 1,395.00 1006552 5/15/2015 IMAGENET CONSULTING LLC 159.00 1006553 5/19/2015 EVERGLADES FARM EQUIPMENT CO INC 564.41 1006554 5/19/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 749.46 1006555 5/19/2015 COMMUNICATIONS INTERNATIONAL 341.60 1006556 5/19/2015 SSES INC DBA 895.56 1006557 5/19/2015 COPYCO INC 232.83 1006558 5/19/2015 HENRY SCHEIN INC 10,311.94 1006559 5/19/2015 NORTH SOUTH SUPPLY INC 29.02 1006560 5/19/2015 SAFETY PRODUCTS INC 523.44 1006561 5/19/2015 INDIAN RIVER BATTERY 248.50 1006562 5/19/2015 INDIAN RIVER OXYGEN INC 3,506.75 1006563 5/19/2015 RING POWER CORPORATION 523.23 1006564 5/19/2015 DEMCO INC 1,767.77 1006565 5/19/2015 SMITH BROTHERS CONTRACTING EQUIP 146.07 1006566 5/19/2015 MEEKS PLUMBING INC 407.50 1006567 5/19/2015 RELIABLE SEPTIC AND SERVICE 45.00 1006568 5/19/2015 ABCO GARAGE DOOR CO INC 103.50 1006569 5/19/2015 WORLD INDUSTRIAL EQUIPMENT INC 253.15 1006570 5/19/2015 GROVE WELDERS INC 918.27 1006571 5/19/2015 SOUTHERN COMPUTER WAREHOUSE 3,489.45 1006572 5/19/2015 COMPLETE RESTAURANT EQUIPMENT LLC 5,251.01 1006573 5/19/2015 FIRST HOSPITAL LABORATORIES INC 918.00 1006574 5/19/2015 CENGAGE LEARNING CORPORATION 96.46 1006575 5/19/2015 SEBASTIAN OFFICE SUPPLY CO 195.91 1006576 5/19/2015 COMMERCIAL ENERGY SPECIALISTS 193.06 1006577 5/19/2015 FERGUSON ENTERPRISES INC 6,457.80 1006578 5/19/2015 HD SUPPLY FACILITIES MAINTENANCE LTD 198.32 1006579 5/19/2015 DUNKELBERGER ENGINEERING&TESTING 1,827.25 1006580 5/19/2015 PERKINS INDIAN RIVER PHARMACY 90.00 1006581 5/19/2015 BARKER ELECTRIC,AIR CONDITIONING 259.00 1006582 5/19/2015 STRYKER SALES CORP 2,593.60 1006583 5/19/2015 MIDWEST MOTOR SUPPLY CO 120.00 1006584 5/19/2015 SOUTHERN JANITOR SUPPLY INC 2,456.07 1006585 5/19/2015 CAPITAL OFFICE PRODUCTS 1,030.30 1006586 5/19/2015 METRO FIRE PROTECTION SERVICES INC 229.35 1006587 5/19/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 132.48 1006588 5/19/2015 BENNETT AUTO SUPPLY INC 86.64 1006589 5/19/2015 AUTO PARTNERS LLC 132.99 1006590 5/19/2015 S&S AUTO PARTS 239.19 1006591 5/19/2015 STAT MEDICAL DISPOSAL INC 495.00 1006592 5/19/2015 PACE ANALYTICAL SERVICES INC 5,636.20 1006593 5/19/2015 TIGHT LINE PRODUCTIONS INC 990.00 1006594 5/19/2015 SCRIPPS NP OPERATING LLC 1,871.88 Grand Total: 61,566.15 34 1 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3589 5/14/2015 IRS-PAYROLL TAXES 8,228.88 3590 5/14/2015 SUN LIFE FINANCIAL 4,936.96 3591 5/14/2015 B/C B/S OF FL ADM FEE 10,139.85 3592 5/14/2015 HEALTH ADVOCATE 334.95 3593 5/14/2015 MUTUAL OF OMAHA 1,957.50 3594 5/15/2015 C E R SIGNATURE CLEANING 5,000.00 3595 5/15/2015 VEROTOWN LLC 6,478.45 3596 5/15/2015 WRIGHT EXPRESS FSC 20,906.57 3597 5/19/2015 SCHOOL DISTRICT OF I R COUNTY 115,542.00 Grand Total: 173,525.16 35 1 CONSENT AGENDA June 2, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 26, 2015 SUBJECT: Out of County Travel to attend Florida Shore & Beach Conference FROM: Dori Roy, Assistant to the County Administrator Out of county travel is requested for commissioners and staff to attend the Florida Shore & Beach Preservation Association Conference September 23rd to 25th, 2015 in Duck Key, Florida Attachment 36 i 0 O mm4 • rn a 4t aoc c a 0 d a -- z Z - m m = 0 0 L. X - H E C — coo U } ^ 0— cc co o p U) 0 N - m Q Obi [O _ Q 0 c7 m H M c N J o � ,D c -J Q \.L = m Z LL U = m _ _cc -f r -= co N Q =- 0 Q o co~ 0 cn 0 ti Q — ~ m a = -0 D _ w aC - m Z_ m m mW 0 1Z m H i tin. U 0 11 r0 _ = WQ $ Nom. !� L . mva WN -a iv oEn � LL .N d III 1= � o o W M • N d yl v �■ N v v'► p� o0 '= „ �' i� Q a N oa cil O le w a LU — V Z W o = � %.0 Ti C LIQ VI VIS _ ccI4C o -1=1� � � _ � � � C) a) to t.7 VI J UI U.! W cc V Q LO o v o .C 37 CONSENT AGENDA: 6/2/15 y ivE: .. Office of R f • ' ♦ .. INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners kr6P--- FROM: William K. DeBraal – Deputy County Attorney THROUGH: Dylan Reingold – County Attorney DATE: May 21, 2015 SUBJECT: Resolution Formally Designating a Portion of County Owned Property Along 26th Street and 52nd Avenue as Right-Of-Way The County was approached by Stephen and Vicky F. Savage, husband and wife, asking if the County desired to purchase their property located on the northeast corner of 26th Street and 52nd Avenue for the County's future 26th Street widening project; and in March, 2015 the County did purchase the property (Lot 1, Block B of Dodgertown Subdivision) for future road expansion of 26th Street in order to avoid future expert witness costs and attorney's fees in an eminent domain process which would ultimately be necessary when the road expansion project was ready to proceed. The intent of the County is to now earmark by a formal document that portion of the property for right-of-way so that the remainder can be re-sold and put back on the tax rolls. In this regard, a resolution has been prepared to designate a portion of that property for future right-of-way, thus alleviating any boundary issues that may surface in the future with respect to the re-selling of the remainder property. FUNDING: The only cost associated with this matter will be recording fees for recordation of the resolution in the amount of $61.00. Funding for this expenditure is budgeted and available in Account No. 10215241-066120-06011. RECOMMENDATION: Adopt the attached resolution, and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. nhm attachment Date cc: Jacqui Gilbert—Mapping Section, IRC Property Appraiser's Office Ct? " �.� Admin. .. _ rgaS Legal ' ; 3.C.0 MEETING - CONSENT AGENDA t- — ! Ofpt. ,Z6 iS 8 COUNTY AT TORNEY j ' RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR RIGHT-OF- WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF-WAY FROM THE PARENT PARCEL (LOT 1, BLOCK B OF DODGERTOWN SUBDIVISION, RECORDED IN PLAT BOOK 3, PAGE 49, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA). WHEREAS, Stephen Savage and Vicky F. Savage, husband and wife approached Indian River County to purchase their property located on the northeast corner of 26th Street and 52nd Avenue, knowing that it would be needed for future right-of-way for the 26th Street widening project; and WHEREAS, on March 25, 2015 Indian River County purchased Lot 1, Block B of Dodgertown Subdivision from the Savages, for future road expansion of 26th Street; said conveyance was recorded in Book 2833 at Page 1921 of the Public Records of Indian River County, Florida; and WHEREAS, the purpose of purchasing the property at this time was to avoid expert witness costs and attorney's fees that would be incurred through the eminent domain process at the time the right-of-way was needed; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way so that the remainder can be re-sold and put back on the tax rolls; and 1 39 RESOLUTION NO. 2015- WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A"; and WHEREAS, a sketch and legal description have been prepared for the remainder property and are attached hereto as Exhibit "B"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, as well as cut out the designated right-of- way from the parent parcel, thus alleviating any potential boundary issues that may surface in the future with respect to the re-selling of the remainder property identified in the attached Exhibit "B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit "A," is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. 2 40 RESOLUTION NO. 2015- The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of June, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk L PrPC;VE:r..$ AS TO !-\?r.i''`} et. ' iki.in-,K e",rg. tZAA; 3 41 alai-W-C OLIIOY 51/0700-10ITI)OS V1 NIR-LOVI' a\arrow wet tau=avow Lac1\UV1'6' ocew am mu oar-mummy AM alltla maz zo I\LLTI O Id WOW aAmMmd Ares onarkiVa Old Imo OM N Z t '� O I- p a Li 0 Q CC I U w w W O Z O W J Z W w t T - H w p l.� �� LL_ •• J W Z > m O Q z � Q F- < 0 W L� r7 0 D U) i t) Z Z O co OcrL� Oww1 Lo (r) w N W J 0 O I- ° Cr 0) Fin -DZ OdOI� ND C U p Q 0 d 5h LL, Q W W OU 1- o1- oQ� Ow z X Z J p o Ulp W wN � WdwZ W � O > FW-- o W lY y a0 U Q U to Q ZQ3 ~ O ZL� w Q < Z Z O IJJ Q N p u) m N)O ~ �O � p �~ OQY La Q w n- LA U tLU CL YD Z0 WOaw ZN < < U) D N O Z W OI Q _ cr, s- Q Y z 2 m3 ��^F- NOOQW 0 lLwl Q o I? N Oce cr H N • rO ,d.J w z � < W S o � O a O aoaornN3pwp0Q ~ N I U N m I N L�.W L,1. 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ZmZ U 30 a Z m W0Z� Q ea m I cC a a i i— I >o Cr) x N N 0 0 t- O Q'� L 'et' I 00'SZ 0� i—I— Z m 0 8- \ of 6$' •'9d '£ '8•d a3d -() O O Z m 0 = < E C 10 .• rL0, n� �.d M/a ovoa ,SS 3 d a a a o Z p W '� kr1,' Li: aD c.i II II < II — \ ” 06�£ _ _1 c OOHS II \ 0 3.2 1,L P.00N 3Nn M/a ONLLSIX3 a a a a a: a �:11 •PO •in N 0 OS EE ' NOtpLLn2Y Z p uj Ki 0 i 0'DO b (M/a 301M .OL) II u N =n a_1 o Q� J n • Li_ W m 3n►�anv Pias — v)in w r o X o >Z0' 1— F In O O co— M w W N Q Zcea' O Zn ,Qw y g CO CO ZEI- L 4 — — �Z3Umo � 2 3Nn MAI ONILSIX3 w EL F- N V)0 ti_I- 8_m(� WU 0 50 Door II II•aaa .mN.- 1-• CID II II ti 1 m •U ce I w� Oaaa z 45 CONSENT: 6/2/15 tvk . Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold - County Attorney 01" --- DATE: May 26, 2015 SUBJECT: Wild Turkey Sand Mine — Second Phase Cash Deposit and Escrow Agreements for Compliance and Restoration In 2009 the Planning and Zoning Commission approved the request for major site plan and administrative permit use approval for a sand/coquina mine known as Wild Turkey; and both compliance and restoration security in the form of cash were posted for Phase 1. Phase 1 has now been restored to the satisfaction of the County based on site inspection, and the developer is ready to proceed to the second phase. Before a permit can be issued for the second phase, security is required to be posted for compliance and restoration. The developer has chosen to transfer the Phase 1 compliance and restoration security which is presently in escrow with the County, to the second phase. Attached for your approval are both the compliance and restoration Cash Deposit and Escrow Agreements for the second phase - the compliance security is in the amount of $49,800.00; and the restoration security is in the amount of $67,710.90. Both agreements earmark the transfer of the funds from Phase 1 to the second phase. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached two compliance and restoration Cash Deposit and Escrow Agreements with regard to the transfer from Phase 1 to the second phase. /nhm Attachments Indian River Co. A•'_�•ved Date Administrator K Approved for June 2, 2015 BCC Meeting CONSENT County Attorney 1 '40 ' Budget ' Z Department C' ,773 S/ ' Risk Management --- COUNTY ATTORNEY 46 SECOND PHASE CASH DEPOSIT AND ESCROW AGREEMENT FOR COMPLIANCE RE: WILD TURKEY SAND MINE SP-MA-07-10-34 (2004120019-59695) THIS AGREEMENT is entered into this day of 2015, by and between Wild Turkey Estates of Vero, L.L.C., a Florida limited liability company (Developer), Duane C. Pankratz, party posting security (Funder), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH : WHEREAS, Developer is mining certain property within Indian River County and is required to post security insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site; and WHEREAS, in March, 2011, Funder posted $49,800.00 cash to guarantee compliance with the requirements of the approved mining site plan for Phase I; said Phase I having since been restored to the satisfaction of the County based on site inspection; and WHEREAS, Developer is now desirous to move into the next phase and Developer and Funder wish to transfer the entire $49,800.00 cash being held by County, from Phase I to the next phase (second phase), NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer and Funder agree to the transfer of the entire $49,800.00 from Phase 1 to the next phase (second phase) as depicted on the attached map; said sum shall continue to be held in escrow by the County Office of Management and Budget (Escrow Agent), but earmarked/obligated for the second phase, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site plan compliance. 2. Upon completion of the restoration of each mine phase, the Developer or Funder may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development 1 47 Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County. 3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Funder (the party that posted the funds), or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment. 4. Upon failure to comply with all the requirements of the site plan approval, including but not limited to unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve compliance or restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining approval, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Funder (the party that posted the funds), or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment, at the completion of site restoration 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed at close of escrow unless necessary for County to utilize in cure of developer's default. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer and/or Funder while 2 48 such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site. 7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners. Signed in the presence of: WILD TURKEY ESTATES OF VERO, L.L.C.. a Florida limited liability --- company sign name: C�w ,tcz. ( 4h`c)(�a print name: r\ScL-*et L. 41-C4eL. `�1t<<-2�' -1sign name:l (A 61 t?�c,?(�.� `/J 4 By: print name:�f Y 6 y ryiroA j�� , Duane C. Pankratz, Manager y Date: (5- - 151 DEVELOPER Signed in the presence of: sign name: 1 L _ print name: ro; L • Wri,, C sign name: 11(1 C��r t- in„ �i/4 ,� By: ,LerA 4'` print name: (�vm [-I. �!�� ��(; Duane C. Pankratz Date: _ /% --1 5 F 3 49 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk BCC approved: of Court and Comptroller By: (SEAL) Deputy Clerk OFFICE OF MANA� fr NT APPROVED AS TO FORM AND AND :411k ET I LEGAL SUFFICIENCY: BY: AW.—. B : Y Jasorpown Dylan Reingold OM: or County Attorney 4 50 I _ ......••••••••• -- .. wm. •1 -- .. ! .+°�+....bro.7rere ......,uaxv, 229.Ott,u<aa -,..".% - 11 ,---47,,,- - I __ orsz ve eov toR9e aen �,a x mnv aur Nvld NO IYJIIIN 3SION UN1 3NIW ONtlS : _L •,Sf a�2}ti. xu.My MLUORNI JG W1.61!oan s ay.�',KV (S a 1./l 70n1003 isna'Na1N3AIKd A3HNhl oIIM I Y " '0'17 '4NV00O1S W 311118'3NlflH:J Noim3od 8 311"8°JS .�=.:�-'+ , y. 33_3.. - �. .tg i! 141 11 314 $ I '— ' t , 0 it , !, I0 — 1 i{ 1 ail i , +► e1 ! .1 it it ,Iir_________:: vr__-_.-,.. _lc__ - -__,--1,-- 'F_ ' )' Vt 1 ' ( 11 1 I I ' F"'"*" .--- i �p � �H111 �� 1111:- � i1 I ill I ii 0) i Ili' '''-..;la, 1.,,1:! ilifi.1' 1 h11 - ._ �!�',, - IP li: �j i�pi{� -ti i.i� J,. ?� t a `ti z :_ CIPS ' a t 1 = — — i; , i.f-1 1 ;at '; �'" g--��( — — 4 k ' ;pa r1 PI iii ifi ill/. .1, ir , 1 '17f -i IV 1 i 4!i Mt i cii ). , , It , I 1 iMil E Q �I'l 111' I}ii_0"-- -1-; _--_ 1 � e�E;t �� i �e6� a ,, ,I x -, . 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(1 t c14 tit a •# ti $ R .+ fit $t• !" ..'If t,t.,1l$i tt i+ #i t t t i i1:1 61a = la i ;41 i t$ F 6 t p i 6..h t1.i a E`{ 1i$ pa i$1 i_i�ep = tf`itli # 33 111 I. i ytRlle ��itR�� R t �Q 1;��Q �{ Sig $ {��i 1� $ � i t ��,Fy �f ( st7 t' iicccr 11 1 I 'ii . '�t11 6 : r6 i6 � �� � �� y t IEi{ 1 61 , i 0• t=i•�t 1"t, 3433 i1$ 011:010191 1i t 1 ' 1 ; $;to ++ j► {► ! t � �$tii 4/0;43' '1j�@'t{{�. Eiit;t I t�ka4N, .,ii1 1 .141611151311 4 iF:o 111'111111111z ..,....1111 ,+ 6y kill !i !t y. 86 !. YB i!E-`i {:Sza ieig{i,44+16 t .,i fail �Gf 1`ki { .,,1 l eil{ up i#t $I1ti116tt#84111 1i111t1S1 11$116;:,.1113, .1E.1$ FI:SIi$:t is 1t ti tt9111 fl Marra!'1;gli 6 0 9 Ea! 11 SECOND PHASE CASH DEPOSIT AND ESCROW AGREEMENT FOR RESTORATION RE: WILD TURKEY SAND MINE SP-MA-07-10-34 (2004120019-59695) THIS AGREEMENT is entered into this day of , 2015, by and between Wild Turkey Estates of Vero, L.L.C., a Florida limited liability company (Developer), Duane C. Pankratz, party posting security (Funder), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH : WHEREAS, Developer is mining certain property within Indian River County and is required to post bonds insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site; and WHEREAS, in March, 2011, Funder posted $83,867.74 cash to guarantee compliance with the restoration requirements of the approved mining site plan for Phases 1; and in May, 2011 the posted security was reduced to $67,710.90 due to a portion of the restoration requirements being already posted with Sebastian River Improvement District for canal right-of-way restoration; and WHEREAS, Phase 1 has since been restored to the satisfaction of the County based on site inspection; and WHEREAS, Developer is now desirous to move into the next phase and Developer and Funder wish to transfer the entire $67,710.90 cash being held by County, from Phase 1 to the next phase (second phase), NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer and Funder agree to the transfer of the entire $67,710.90 from Phase 1 to the next phase (second phase) as depicted on the attached map; said sum shall continue to be held in escrow by the County Office of Management and Budget (Escrow Agent), but earmarked/obligated for the second phase, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site restoration. I 52 2. Upon completion of the restoration of each mine phase, the Developer or Funder may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County. 3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Funder (the party that posted the funds), or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment. 4. Upon failure to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with the restoration plan and Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 restoration conditions of the mining approval, and that said funds are necessary to achieve restoration. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Funder, its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment, at the completion of site restoration. 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed at close of escrow unless necessary for County to utilize in cure of developer's default. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer and/or Funder while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site. 2 53 7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners. Signed in the presence of: WILD TURKEY ESTATES OF VERO, L.L.C.. a Florida limited liability ��C� company �' -C2.14�C� �-i sign name: t'1, print name:! wcii k Csign name: 1�,(�L J 1 V ; I.1 L. By: //L _ -11�JL� -c--1 y print name: N_a 0 1Z16_,•f�I Cr Duane C. Pankratz, Ma• -.e '4 Date: 5`‘9161 [5 DEVELOPER Signed in ther,presence of: sign name: ) ( - / print name:aSXtAd_r(L J„ r lir sign name: 0.„rt print name: ii 6.y f�. kA�,cod't 1� r •ane C. Pankratz if/6.y Date: 5-�1�, �,� FU DER 3 54 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk BCC approved: of Court and Comptroller By: (SEAL) Deputy Clerk OFFIC. • MANA4 , NT APPROVED AS TO FORM AND AND :UD .TLEGAL SUFFICIENCY: By: am gip By: Jaso E. B own ylan Reingold OM: Dir- tor County Attorney 4 55 ="s i.•.• �••---- • w.v. ,.o _.-..s i ..m.,..h-c.D,,rna Weltlinlavi rrsou,r..ra -«v--q -.•- — ..•^:=-• OWL vcmvv MBA MPMini O%Vt6+ro w,nr,u1 nYla NouynWM 3SnM any 3NIY1 ONY$ F. �T L"�I'` -.. _ .--- :C: i:A aaaaJ+■PxJ�M■wv•SSM'L OM-9�[S.lf7 nbl:.)Ldfs■oJ `10U1NW I$(1[7'Nd1N1A3Md P . \„' - .•.,, ,�4"-,7::.;...,-.:,� \'O-Tl •OLNOOOIS 8 31LL18'3Nl(lHO$( n0amwe a3inv�aois A7xani o�IM J ,,,.,=- r.,(�) r. —l'I — 1 1 lig j_ i ' 1 Itt thli 1 , n = --=-- i It i s; d-I �1 IIS 1 ate; i '� 1 ' �� iii* � ' 1,_______.= _ i r )1,!, J _ I r� i i f � :11iiiii 11 . fp 4.,111 r.',. I it_____-Jetil,[ _ ?04- 1 ,t 1 I f _ - -— RI $.1„, !CD -‘ v':•:-------:----41-r- ''"'fA',',---lt;'-----'li ----'- ‘,. i40 '1 1 .1 i Sg I■ II , a, ,, , r�;, ( a ) Hyl, I j '.e,icl d � , 1. 't I:1 tg x� i"11111; l' Z r x �; ! e E 61 CC [` ; = 1-s\ , IIt I 1 J p� -.../...,,..._12�� �- e 4■Y ,S,.1$,t,1 4 �E � it : II!i ;ii': 1 _' 1i ," ' I E■i 1 z �.f _ 1 ,, ,i1 d dii. fd w alis. il. .ill 1/111-' p fiff 4, ,,,,,...;__77.----- —7_ -,•_, r r:, -Q. .....:,:',1 .g..igt 1 i 3 t 1„5 ,r f t1? A. yil{inii ! I;!! J!!I; tlei .iD i 1 li. ,, 11 ,f \ F `Y� 1 `> a Ji i�e 1� l 'r Failie t i I I� ,9x (II t.ttei'•'.,y-'" ` 'a. 's 1�.;c z.ti, A s d iir ii iR 11i$ i 'I \^I _ II i! �?�� 1 's '`' ;�sce1 _{ ���tsg�r i 1 j d@t 1'e -(L�='- ,l %� _ :H e ,4=x_== t" " glfila1.1!=/�IIIII�la ihI: i `li9l� t n{1 IG., .r .s *Act at iii I A i ...• g0S i i1 $ ,its,f11 E i' i 41 : it ' `." 11 e1 '(i if`iiid a i.., i ik,, 'i 12 Ri — i - ---- "-- - L'—"'_- �1Fi 111I 1 ; ! i I It _�—�-- iiiiii1 lei.!, M I I ill � /tif tl# r!�•g li i , • _ ri I "4.d. 1 ! 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E Eldpd F,1.1 Itilld i6itld =it 1'11141 {11�' j + I u };3 . �=f[.1`" rii ii +j 01. ,1 a ael! ltj;e fee 1"!1;011 gli:0 ;,1 O d 'p $111;9i�� i'itiiiiiiitf S�'� i�= ";iiH 14 15 11.11,1,11 ii utiii litt ti!didu' dddd; :,l. fti ili ii t,Jimitio 1 tit iit;ium'9i �.,+....ilii#o 9 ilk° ; gi i1 •ANN .•. . ia...u..«t'1! .•. w..r+..fY u •.k4f r..." ...-. t ... .. 56 CONSENT: 6/2/15 iv = Office of INDIAN RIVER COUNTY z `{'-' N* 1ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners (�� FROM: William K. DeBraal - Deputy County Attorney � 'V DATE: May 22, 2015 SUBJECT: Resolutions Canceling Taxes on Properties Purchased for Public Purpose Resolutions have been prepared for canceling any delinquent, omitted or current taxes which may exist on the following properties purchased by Indian River County for public purpose: • For 26th Street right-of-way From Ronee Suzan King and Stephen Allan Block, each as to an undivided one-half interest as tenants in common General Warranty Deed recorded in Book 2837, Pages 1587-1589 • For 26th Street and 52nd Avenue right-of-way From Stephen Savage and Vicky F. Savage, husband and wife General Warranty Deed recorded in Book 2833, Pages 1921-1922 • For S.R. 510 right-of-way From B. Anders Nyquist, as Trustee of the unrecorded Nyquist Trust#2 under Agreement dated July 22, 1992 General Warranty Deed recorded in Book 2832, Pages 2372-2376 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolutions to cancel certain taxes upon publicly owned land, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent, omitted or current taxes can be cancelled, and to also send a copy to each of Fixed Assets, Budget and the County Attorney's Office. /nhm Attachments: Resolutions cc: Carole Jean Jordan-Tax Collector David Nolte-Property Appraiser Approved for June 2, 2015 BCC Meeting Consent Agenda Indian River Co. Ap• oved Date Admin. Ø� O4UNTY ATTORNEY Co. Atty. 1.;; Budget 1 / h' Department (---t 57 Risk Management --- --- Parcel##32-39-33-00004-0000-00000.1 (whole) and 32-39-32-00001-0160-00003.0 (portion) Purchased by Indian River County from Ronee Susan King and Stephen Allan Block Public Purpose: for 26th Street right-of-way RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 1 58 RESOLUTION NO. 2015- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from Ronee Suzan King and Stephen Allan Block, each as to an undivided one-half interest as tenants in common, for 26th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached General Warranty Deed recorded in Book 2837, Pages 1587-1589, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner , and motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 59 RESOLUTION NO. 2015- Commissioner Wesley S. Davis, Chairman Commissioner Bob Solari, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of June, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller c c P ` ti%7-D A, 10 FCS t1 ‘ LEG-kl.SLI Fr By: / Deputy Clerk ��, /��' 10." ;� L. F C:t)'7Y All ORt tY Tax Certificates Outstanding _ Yes No Current Prorated Tax Received and „ , f? Deposited With Tax Collector $ 00004-tvto--c000t,. 3 60 1120150021558 RECORDED IN THE RECORDS OF JEFFREY R. SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL 3K: 2837 PG: 1587,4/10/2015 1:00 PM D DOCTAX PD $0.70 This instrument was prepared incident to the issuance of title insurance, and is to be returned to: Atlantic Coastal Land Title Company,LLC 855 21"Street,Suite C Vero Beach FL 32960 ACTC File Number: 45081401 Parcel ID Number:32393300004000000000.1 &32393200001016000003.0 GENERAL WARRANTY DEED This Deed,made as of this 10"'day of April 2015, by Ronee Suzan King and Stephen Allan Block,each as to an undivided one-half interest as tenants in common (each a, and collectively as,"Grantor");and Indian River County,a political subdivision of the State of Florida, whose post office address is 1801 27th Street,Vero Beach FL 32960 (as "Grantee"); (Wherever used herein, the terms "grantor"and "grantee"shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations,partnerships or other entities;wherever the context so admits or requires.) WITNESSETH: That Grantor, for and in consideration of the sum of$10.00 in hand paid by Grantee,the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee forever,all the right,title, interest,claim and demand which said Grantor has in and to the following described parcel of land,to wit: South 115 feet of Lot A, Hampshire Subdivision, according to the Plat thereof, recorded in Plat Book 2, Page(s) 99, of the Public Records of Indian River County, Florida. And A Portion of those lands described in Official Records Book 2193, Page 2241 of the Public Records of Indian River County,Florida,said Lands lying in Tract 16, Section 32,Township 32 South,Range 39 East,according to the last general Plat of the lands of the Indian River Farms Company Subdivision,as recorded in Plat Book 2,Page 25 of the Public Records of St Lucie County,Florida;Said Land lying and being in Indian River County,Florida, being more particularly described as follows: The North 30 feet of the South 90 feet of the East 10.47 acres of the West 20.47 acres of Tract 16,Section 32,Township 32 South,Range 39; Less and Except the West 137 feet thereof. Pursuant to Rule12B-4.013(4), F.A.C., this Deed is being given to a governmental entity under threat of condemnation or as a part of an out-of-court settlement of condemnation proceedings and is not subject to tax. TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. ATLANTIC COASTAL LAND TITLE COMPANY,LLC A Full Service, Florida Title Insurance Agency 61 3K: 2837 PG: 1588 TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple;that Grantor has good right and lawful authority to sell and convey said land;that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances, except taxes for the year in which this deed is given;and restrictions,reservations,limitations,covenants,conditions and easements of record, if any;insofar as same are valid and enforceable(however, this clause shall not be construed to reimpose same). Grantor herein warrants and avers that Grantor does not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of Grantor's family dependent upon Grantor for support. IN WITNESS WHEREOF,said Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the pre F of: � f %SSC„`'moi-0N (6. LL...!111111 • R i 1.113.uzan King 52 Bulow Woods Circle IIt �' or Flagler Beach FL 32136 State of Florida County of The foregoing instrument was acknowledged before me the date hereinafter given, by Ronee Suzan King;who was either personally known to me;or produced identification of sufficient character so as to identify said individual with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 77 day of March, 2015. Notary Public Type of identification provided(Check One): [Driver's License [ 1 Passport [ ]Government(State or Federal)ID Card a.., !�JUDO [ 1 Resident Alien ID Card •`',� Notary Public-w1 H [✓1 Other c k M y U ,*fit j COMM I ff WENN ATLANTIC COASTAL LAND TITLE COMPANY,LLC A Full Service,Florida Title Insurance Agency 62 3K: 2837 PG: 1589 Signe sealed and delivered in the presence of: SkLa O itS m p(,Z Stephen Allan Block e's ► 815 Malcolm Avenue - Los Angeles CA 90024 fit • 1 - ( State of Cr _ ..r .i.". County of Irei I t • The foregoing instrument was acknowledged before me the date hereinafter given, by Stephan Allan Block; who was either personally known to me; or produced identification of sufficient character so as to identify said individual with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 7+'day of (2Ar , 2015. ^� , Jap A y �, Q� 1� ),Ic*'YI Q NJary Public _Type of identification provided(Check One): VI Driver's License JENNIFER um;M011llli [ 1 Passport *`� Commiuiloe*2011!21 [ ''.114. fornia [ I Government(State or Federal)ID Card • �"/ Los ANotaryPublicCou ••]Resident Alien ID Card ' E County Comm.E res Oct 30 2018 [ ]Other ATLANTIC COASTAL LAND TITLE COMPANY,LLC A Full Service,Florida Title Insurance Agency 63 Parcel# 32-39-33-00003-0002-00001.0 Purchased by Indian River County from Stephen Savage and Vicky F. Savage Public Purpose: for 26th Street and 52nd Avenue right-of-way RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 64 RESOLUTION NO. 2015- to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from Stephen Savage and Vicky F. Savage, husband and wife, for 26th Street and 52nd Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached General Warranty Deed recorded in Book 2833, Pages 1921-1922, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner and motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 65 RESOLUTION NO. 2015- Commissioner Wesley S. Davis, Chairman Commissioner Bob Solari, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of June, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller P PRC; C", AS i.) F0 By: <; .* 1:"+ A3.. :N:f,.. Deputy Clerk :i•!" ice41:V` L Tax Certificates Outstanding _ Yes No Current Prorated Tax Received and Deposited With Tax Collector $4. Ie 3 66 '120150018416 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL 3K: 2833 PG: 1921,3/26/2015 1:54 PM D DOCTAX PD $0.70 This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 855 21" St., Suite C Vero Beach,Florida 32960 File Number: 45081465 Parcel ID Number: 32-39-33-00003-0002-00001.0 GENERAL WARRANTY DEED This deed,made as of this 25th day of March , 2015, by Stephen Savage and Vicky F. Savage, husband and wife(as Grantor); and Indian River County,a political subdivision of the State of Florida,whose post office address is: 1801 27th St,Vero Beach,FL 32960 (as Grantee); (Wherever used herein,the terms"grantor"and"grantee"shall include singular and plural,heirs,legal representatives,and assigns of individuals,and the successors and assigns of corporations,partnerships or other entities;wherever the context so admits or requires.) WITNESSETH: That the grantor,for and in consideration of the sum of$10.00 in hand paid by grantee,the receipt whereof is hereby acknowledged,does hereby grant,bargain,sell,alien,remise,release,convey and confirm unto the grantee forever,all the right,title,interest,claim and demand which the said grantor has in and to the following described parcel of land, to wit: Lot 1,Block B,DODGERTOWN SUBDIVISION,according to the Plat thereof, as recorded in Plat Book 3, at Page 49, of the Public Records of Indian River County,Florida. TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple;that grantor has good right and lawful authority to sell and convey said land;that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances, except taxes for the year in which this deed is given;and restrictions,reservations,limitations,covenants,conditions and easements of record,if any; insofar as same are valid and enforceable(however,this clause shall not be construed to reimpose same). Pursuant to Rule 12B-4.013(4),F.A.C.,this deed is being given to a governmental entity under threat of condemnation or as a part of an out-of-court settlement of condemnation proceedings and is not subject to tax. ATLANTIC COASTAL LAND TITLE COMPANY,LLC A Full Service, Florida Title Insurance Agency 67 1K: 2833 PG: 1922 IN WITNESS WHEREOF,the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of ziii.t.4.___ 2.1.,.„ Stephen Savage 2606 52nd Ave Vero Beach, FL 32966 ,..4.9 41-- da -' _ss awztp, cs. KGl \\44 Vicky F. Savage 2606 52nd Ave Vero Beach,FL 32966 State of FLORIDA County of INDIAN RIVER The foregoing instrument was acknowledged before me the date hereinafter given, by Stephen Savage and Vicky F. Savage; who was/were either personally known to me; or produced identification of sufficient character so as to identify said individual(s)with reasonable certainty;and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 25th day of March ,2015. i .---"Lie-----' Notary Public Ty of identification provided(Check One): Driver's License ./. ... [ ] Passport [ ]Government(State or Federal)ID Card Resident Alien ID Card NIsiate ASO�: BEA[ ]Other iii ;MY�oYPublic of, of Florida ,;.Foi o.• tom ssEopiOct 11. 6 201 Bonded Throu n EE 836130 gh National Notary Assn. ATLANTIC COASTAL LAND TITLE COMPANY,LLC A Full Service, Florida Title Insurance Agency 68 Parcel# 31-39-27-00003-0000-00003.0 (portion) Purchased by Indian River County from B. Anders Nyquist, as Trustee of the unrecorded Nyquist Trust#2 under Agreement Dated July 22, 1992 Public Purpose: for S.R. 510 right-of-way RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 69 RESOLUTION NO. 2015- to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from B. Anders Nyquist, as Trustee of the unrecorded Nyquist Trust #2 under Agreement dated July 22, 1992, for S.R. 510 right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached General Warranty Deed recorded in Book 2832, Pages 2372-2376, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner and motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 70 RESOLUTION NO. 2015- Commissioner Wesley S. Davis, Chairman Commissioner Bob Solari, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of June, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk f Pr'ROW: ;hp�r 3 L' r"(..&M Tax Certificates Outstanding 9:Ito L Yes No t;E ;p's,u F Y C.:Y.)14 t A}_1 ok Ntv Current Prorated Tax Received and .e_. Deposited With Tax Collector $ 3 71 ;120150017721 RECORDED IN THE RECORDS OF JEFFREY R. SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL 3K: 2832 PG: 2372,3/24/2015 4:21 PM D DOCTAX PD 80.70 After Recording Return to: Atlantic Coastal Land Title Company,LLC 855 21"Street,Suite C Vero Beach FL 32961 ACLT File Number.45081445 Parcel ID Number:31392700003000000003.0 GENERAL WARRANTY DEED This Deed, made as of this/7 day of March,2015, by B.Anders Nyquist, as Trustee of the unrecorded Nyquist Trust#2 under Agreement dated July 22, 1992(as Grantor); and Indian River County,Florida,a political subdivision of the State of Florida, whose post office address is 1801 27th Street,Vero Beach 32960(as Grantee); (Wherever used herein,the terms"grantor"and"grantee"shall include singular and plural,heirs,legal representatives,and assigns of individuals,and the successors and assigns of corporations,partnerships or other entities;wherever the context so admits or requires.) WITNESSETH: That Grantor,for and in consideration of the sum of$10.00 in hand paid by Grantee,the receipt whereof is hereby acknowledged,does hereby grant,bargain,sell,alien,remise,release,convey and confirm unto Grantee forever,all the right,title,interest,claim and demand which said Grantor has in and to the following described parcel of land,to wit: See Exhibit"A"attached hereto and made a part hereof; TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple;that Grantor has good right and lawful authority to sell and convey said land;that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances. except taxes for the year in which this deed is given;and restrictions,reservations,limitations,covenants,conditions and easements of record,if any;insofar as same are valid and enforceable(however,this clause shall not be construed to reimpose same). Grantor herein warrants and avers that Grantor does not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of Grantor's family dependent upon Grantor for support. ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service,Florida Title Insurance Agency 72 IK: 2832 PG: 2373 IN WITNESS WHEREOF,said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of- ?Witness: ja /' // 4 C"' '.5 . C J13, B. Anders Nyquist,as Trustee 2"Witness: 40210—ad00' ____ .5 •- ,4. ZF-e/ State of Florida County of Indian River The foregoing instrument was acknowledged before me the date hereinafter given, by B. Anders Nyquist, as Trustee, who was either personally known to me; or produced identification of sufficient character so as to identify said individual with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesa'd, this /y day of March, 2015. Notary Public '_Type of identification provided(Check One): NI Driver's License [ ]Passport [ ]Government(State or Federal)ID Card [ ]Resident Alien ID Card ,,,►,,�"'�B AJ,,"a [ ]Other \\(G�S.'•N•••• ••'%r' g :X •• les .az a' ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service,Florida Title Insurance Agency 73 3K: 2832 PG: 2374 SKL I (;H UI- ULSUK 1 N I 1 UN PARCEL 31392700003000000003 . 0 B . ANDERS NYQU I ST , ( TR ) ORB 970 PG 349 STATE ROAD 510 • RIGHT -OF -WAY PARCEL 480 EXHIBIT ",. SURVEYOR'S NOTES; S 1 . THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE S.E. 1 /4 OF SECTION 281 SAID LINE BEARS S 89°55'50" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS. US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT—OF—WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). PREPARED BY BURDETTE AND ASSOCIATES. DATED "FINAL GMB 3-08". CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY. FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEND @ - BASELINE C.R. • COUNTY ROAD D.E. • DRAINAGE EASEMENT • DELTA FND. • FOUND L • ARC LENGTH O.R.B. • OFFICIAL RECORDS BOOK P.B. • PLAT BOOK PG. • PAGE • PROPERTY LINE P.• O.B. • POINT OF BEGINNING P.O.C. • POINT OF COMMENCEMENT R - RADIUS R/W • RIGHT-OF—WAY SEC. • SECTION S.R. • STATE ROAD T.C.E. - TEMPORARY CONSTRUCTION EASEMENT CERTIFICATION, I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION 1S TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER. THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027. FLORIDA STATUTES. FOR THE FIRM. ( /, q L-1 16L-—I 11 CHRISTOPHER P. MILLER. PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE ‹17, �` t� PARCEL SKETCH - NOT A SURVEY .• ia STATE ROAD NO. 510 - PARCEL 480 INDIAN RIVER COUNTY CAJRDNO TIM 34Z7 N.*. 109TPREPARED ST.h STRLC7 ST DA TL DATA SOURCE. T. t,AND[RDAL[• FL x3109 CAROHO TSE M/A ►Ndd• ISA-fax-1031; DRAIN C Msweee 03-07-I3 LID•t10.10 cNWI D M sOtRS 03.0a.13 CARDNO TBE PN[ 05038-002-00 SHEET I OF 3 74 1K: 2832 PG: 2375 SKETCH OF DESCRIPTION PARCEL 31392700003000000003 . 0 B . ANDERS NYOUIST , ( TR ) ORB 970 PG 349 STATE ROAD 510 RIGHT -OF - WAY PARCEL 480 NARANJA TRACT SHELLMOUND BEACH n P.B. I . PG. 6 0 S, n c o 0 cioH \\spa.. \ pR.cs&�N�1 S Q PPok E� v 1372 0 s�,NG �1NF o - u ^ CXl ilk y sy ,'k �0o Qpm 1 " •• 1 00' f ' R• .603 y. O A .t0� IR,RVEF C VO.1 tiG \'\ F-. 14. G E0 0 1.. .P .` PCOV likC MENS- �C� '� 1. cvo 1r- �' SEP A p ARCEL 6 .. PARCEL y, ;�. cN�0V,S� ' �► . RCE c2 s. ,, ..x51 P A U HERD( SI E17k° J�0pyy0 .h�; EXtis� R/W Li NE Exl- foW Wap E 1,141,p,' 28 LI B. ANDERS NYOUIST. ( TR ) 139°55.504r- O.R.B. 970. PG. 349 33T 31392700003000000003.0 i -, ' ° WABASSO RD. ) LINE DATA • ' - 1 - LINE BEARING DISTANCE SEC. 28-31 -39 FND. BOAT SPIKE LI S 89°55'50" E 289. 11 ' L2 N 56°21 '25" E 263.32' L3 S 33°38'35" E 40.00' L4 N 56°21 '25" E 207.57' L5 S 52°35.32" W 215.01 ' L6 N 07°21 ' 17" W 15. 75' CURVE DATA CI C2 A - 44°53'20" A - 11 ° 10'35" L • 519.58' L • 558.82' R • 663. 19' R • 2.864.79' �`�`� PARCEL SKETCH - NOT A SURVEY V ' TBE STATE ROAD NO. 510 - PARCEL 480 INDIAN RIVER COUNTY CARDNO ��TIOD n.[PARID °T. DATA BOURtt. i T?T1.Au0r7g [.sl �iii01 �r DAT[ CARDNO TOE N/A HPI HOc-.714-•3S-Pi*i DNA1N C Y u.cft 03-07-17 LD-USD plc o wisofsrts w.m.13 CARDNO TBE PN. 05038-002-00 SHEET 2 OF 3 75 1K: 2832 PG: 2376 SKETCH OF DESCRIPTION PARCEL 31392700003000000003 . 0 B . ANDERS NYOUIST , ( TR ) ORB 970 PG 349 STATE ROAD 510 RIGHT -OF -WAY PARCEL 480 STATE ROAD 510 RIGHT-OF-WAY PARCEL 480 A PORTION OF LOT 3. "NARANJA TRACT SHELLMOUND BEACH". ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK I . PAGE 6. OF THE PUBLIC RECORDS. INDIAN RIVER COUNTY, FLORIDA. LYING IN SECTION 28, TOWNSHIP 31 SOUTH. RANGE 39 EAST. OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE SOUTH OAURTER CORNER OF SECTION 28. TOWNSHIP 31 SOUTH. RANGE 39 EAST. OF INDIAN RIVER COUNTY. SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). SHEET 8 OF 10; THENCE SOUTH 89°55'50'" EAST, ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE. A DISTANCE OF 289. 11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE. HAVING A RADIUS OF 663. 19 FEET. THROUGH A CENTRAL ANGLE OF 44.53'20", AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 45° 10'50" EAST. ALONG SAID SURVEY BASELINE. A DISTANCE OF 1 .062.02 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 2,864.79 FEET. THROUGH A CENTRAL ANGLE OF 11010'35 . AN ARC DISTANCE OF 558.82 FEET TO A POINT OF TANGENCY; THENCE NORTH 56°21 '25" EAST. ALONG SAID SURVEY BASELINE. A DISTANCE OF 263. 32 FEET; THENCE SOUTH 33638'35" EAST. A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 510 AND A POINT ON THE WESTERLY LINE OF A PARCEL OF LAND OWNED BY B. ANDERS NYOUIST. ( TR ), AS RECORDED IN OFFICIAL RECORDS BOOK 970. PAGE 349. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 56°21 '25" EAST. ALONG SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF 207.57 FEET; THENCE SOUTH 52°35'32" WEST. A DISTANCE OF 215.01 FEET TO A POINT ON SAID WESTERLY LINE OF B. ANDERS NYOUIST PARCEL; THENCE NORTH 07°21 ' 17" WEST, ALONG SAID WESTERLY. LINE OF B. ANDERS NYOUIST PARCEL. A DISTANCE OF 15.75 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1 ,465 SQUARE FEET ( 0.034 ACRES ) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY C� Ciewirlinter TS.E STATE ROAD NO. 510 - PARCEL 480 INDIAN RIVER COUNTY QARDMO Tet F► ft.*. 11•r. STIMET DATE re[rueo •T. DATA $OU CZ Id,A TL- 5RD41.tFL.� 33301 bRAMC yEE[g03' 073CARDNDTEE :ON .e1�-13•-sy� - .1"aE p.[Cit[D M spasms 03•W-,3 CARONO TBE PNS 05030-002-00 SHEET 3 OF 3 76 CONSENT INDIAN RIVER COUNTY, FLORIDA ge. MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Christopher J. Kafer,Jr., P.E., County Engineer'. FROM: Michael D. Nixon, P.E., Roadway Production Manager 'rf SUBJECT: Work Order No.5, Kimley-Horn &Associates, Inc. 37th Street(US1 to Indian River Boulevard) 5-Laning IRC Project No. 1230 DATE: May 12, 2015 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with Kimley-Horn & Associates, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. The purpose of Work Order No.5 is to provide design and permitting for the widening of 37th Street from three lanes to a five-lane urban section for a length of one mile between US1 and Indian River Boulevard. There will be a dedicated east bound right turn lane at 35th Lane, Indian River Medical Center employee driveway and 10th Court.Signal modifications are proposed for the existing signalized intersection at 10th Court. FUNDING Funding is budgeted in Traffic Impact Fees, District 2,Account No. 10215241-066510-13009,37th Street (US1 to Indian River Boulevard) 5-Laning in the amount of$199,500.00. RECOMMENDATION Staff recommends approval of Work Order No.5 to Kimley-Horn&Associates,Inc.authorizing the above- mentioned professional services as outlined in the attached Scope of Services(Exhibit A)and requests the Board to authorize the Chairman to execute the attached Work Order No. 5 on their behalf for a lump sum amount of$199,500.00. ATTACHMENTS Indian River County Approved Date Work Order No. 5 Administration ME 5, 8� DISTRIBUTION Budget 100 /IVIS Legal Kimley-Horn Associates, Inc. Public Works APPROVED AGENDA ITEM 11111PYAMIN Engineering FOR June 2 2015 d � B - A 77 F:\Public Works\ENGINEERING DIVISION PROJECTS\1230-37th St_USI to IRBLVD\Admim\agenda items\BCC-KHA Work Order 4, 6-2-15 REV.doc WORK ORDER NUMBER 5 37th Avenue (US1 to Indian River Boulevard) 5-Laving IRC Project No. 1230 This Work Order Number 5 is entered into as of this_day of , 2015, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011 and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of the 4th day of November,2014(collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn & Associates, Inc.("Consultant"). EXHIBIT A SCOPE OF WORK The COUNTY desires to expand 37th Street to a 5-lane urban section between U.S. Highway 1 and Indian River Boulevard. Within the limits of the roadway widening, there will be dedicated eastbound right turn auxiliary lane at the 35th Lane, Indian River Medical Center (IRMC) employee driveway and 10th Court intersections. Signalization improvements/modifications will be needed at the 10th Court intersection with 37th Street to accommodate the roadway widening. In addition, Indian River Boulevard will be widened to provide for dual northbound left turn lanes at the 37th Street intersection. The 37th Street eastbound travel lanes are to be designated as dual right turn lanes at Indian River Boulevard. A single independent stormwater management facility is proposed to be located within Indian River County Hospital District property immediately adjacent to 37th Street, located east of IRMD and north of the VNA Hospice House. The County agrees to provide (in a timely manner) the following material, data, or services as required in connection with the work to be performed under this Agreement;all of which information the CONSULTANT may use and reasonably rely upon: A. Provide the CONSULTANT with a geotechnical investigations, traffic counts, preliminary data or reports available,existing location surveys,topographic surveys,and related documents required to complete the construction documents. B. Provide the CONSULTANT with all available drawings, right-of-way maps, and other documents in the possession of the County pertinent to the project. C. The County shall make provisions for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform his services. D. The County will promptly execute all permit applications and provide application and review fees necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. E. The County will pay for all permit fees. The PROJECT LIMITS are projected to extend 6,100 feet along 37th Street and 1,600 feet along Indian River Boulevard for a total project length of 7,700 feet(1.46 miles). 78 A. Roadway Analysis and Plans: Roadway set of plans shall consist of the following: 60% 90% 100% Cover Sheet C C F Summary of Pay Items p C F Typical Sections C C F Summary of Quantities&General Notes P C F Summary of Drainage Structures Sheets p C F Project Layout C C F Plan and Profile Sheets (40 scale) C C F Intersection Plan & Details p C F Special Details p C F Drainage Structure Sheets P C F Roadway Soil Survey p C F Cross Sections at 100 ft intervals p C F Stormwater Pollution Prevention Plans p C F Signage& Pavement Marking Plans C C F (40 scale double plan) Signalization Plans p C F Construction Cost Estimate and Quantities C C F Notes: P—Preliminary, C—Complete, but subject to change, F- Final The plans will be prepared based upon English units. Design will be conducted in MicroStation and Geopak. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" =40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's,PT's,curve radius,curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table. 3. Plans shall include spot grades adequate to describe any proposed grading. 4. Match lines shall not be located within the limits of an intersection. 5. If applicable,soil boring information shall be plotted on cross sections with soil classification and high season water table. 6. All quantities shall reference FDOT Pay Item Numbers. 7. All details shall reference FDOT Index Numbers. 8. All specifications shall reference to County and/ or FDOT Specifications for Road and Bridge 79 Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 9. Initial, interim and Final Plan Submittal shall include the following: i. Three (3)Sets of Signed and Sealed Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format. iv. The CONSULTANT will provide construction documents and calculations in sufficient quantity as required by the various reviewing agencies. B. Drainage analysis and Plans: 1. Perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with the County,St Johns River Water Management District(SJRWMD),Army Corps of Consultants (ACOE) and/or Florida Department of Transportation (FDOT) design criteria. The work will include the analyses for the following: a. Determine Base Clearance Water Elevation Analyze,determine, and document high water elevations which will be used to set roadway profile grades. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent storm water ponds. Determine groundwater elevations at intervals between the above-mentioned surface waters. The Bridge clearance shall be based on the 100 year storm event. b. Design of Stormwater Management Facility(Offsite Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours,slopes,etc.), perform routing calculations,and design the outlet control structure. c. Design of Storm Drains Develop a "working drainage map", determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design tailwater and, if necessary,outlet scour protection. d. Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions. 2. A Stormwater Pollution Prevention Plan (SWPPP) will be developed in conjunction with this project. The site specific SWPPP is a requirement of both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities, and the FDEP Generic Permit for Stormwater Discharges from Construction Activities. C. Jurisdicational Permitting: The Consultant shall prepare permit applications for the St Johns River Water Management District (SJRWMD), Florida Department of Transportation (FDOT) and Army Corp of Consultants (ACOE) for submittal by the County. This will consist of all required evaluation, design,coordination,and follow-up work necessary to support permit applications. The County will review the permit applications as necessary.The Consultant shall assemble and be responsible for the final submittal. The Consultant shall prepare permit sketches for submission by the County to ACOE and SJRWMD for 80 dredge and fill activities, if necessary. The Consultant shall submit all permit sketches on 8.5" x 11" sheets. Sketches shall be neatly scaled, signed and sealed, and reproducible. 1. Environmental Resource Permitting/Section 404 Permitting The Consultant will prepare and submit the joint Environmental Resource Permit (ERP) application package to the SIRWMD and the ACOE. The application includes the ERP standard forms and a compilation of supplemental materials such as permit sketches, Vegetation (FLUCFCS), soils, quadrangle and FEMA-FIRM maps. The Consultant will coordinate on the behalf of the County with each agency identified in this task. This may include up to one (1) meeting with the agencies to discuss requests for additional information(RAI),and written responses to one(1)request for additional information(RAI)including plan modifications. This scope assumes that mitigation measures will not be necessary or required. This scope assumes that coordination with US Fish and Wildlife Service through the preparation of Biological Assessments or Biological Opinions will not be required. Permit application submittals will be made subsequent to the 60%plan set submittal approval by the County. D. Signing and Pavement Marking Plans: Signing and Pavement Marking plans shall include: Preparation of the plan layout, quantities (including signing and pavement marking quantity) and tabulation of quantities. All plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. Plans will be included with the roadway plans and submitted as indicated above. E. Utility Coordination: The CONSULTANT will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Any utility permitting and relocation design required to accommodate the proposed improvements will be addressed as an additional service relative to this scope of work. F. Signalization Plans: Mast-arm traffic signal configurations at the 10th Court and 37th Street intersection will be designed to meet current County and FDOT standards. Luminaries will be provided on each mast arm pole. The pole analysis and design of the signal systems will be completed and submitted to County for review. Signalization plans will be included with the roadway plans and submitted as indicated above. 81 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: Lump Sum Components Task Labor Fee Roadway Analysis and Plans $ 120,800 Drainage Analysis and Plans $20,700 Erosion Control and SWPPP $7,750 Jurisdictional Permitting $ 17,100 Signing and Marking Plans $ 15,970 Utility Coordination $ 2,780 Signalization Plans $ 14,400 Project Total $ 199,500 TIME SCHEDULE Upon authorization to proceed by the COUNTY,final design documents are expected to take approximately twelve (12) months from the Notice to Proceed (NTP). NTP Upon BOCC Approval Phase II Submittal (60% Design Plans) 6 months following NTP Phase III Submittal (90% Design Plans) 9 months following NTP Phase IV Submittal (Final Design Plans) 12 months following NTP 82 The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), part of this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), part of this Work Order and 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), part of 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: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN=�IATES, INC. OF INDIAN RIVER COUNTY AiL By: 1�►� By: tit le 3w ,4),V-. Wesley S. Davis,Chairman Title: 112.-,n:iv-.4s1-4-�42-sic-Lk— BCC -s -LBCC Approved Date: Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: lia , • GJ'6 -eph AA:aird, County Administrator 1// f �9 ,19 Approved as to form and legal sufficiency: / 1 Dylan T. Reingol ,County Attorney 83 (ONSINT 1TE11 C:1 I. INDIAN RIVER COUNTY, FLORIDA INTER-OFFICE MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois,AICP Chief, Environmental Planning DATE: May 26, 2015 RE: Consideration to Approve a Cost-Share Agreement with the St. Johns River Water Management District for Repair/Plugging of Abandoned Artesian Wells It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of June 2, 2015. DESCRIPTION AND CONDITIONS From 1990 through 2009, Indian River County participated in a cost-share program with the St. Johns River Water Management District (SJRWMD) to plug abandoned artesian wells countywide, including wells on private property (subject to authorization from the private landowner). As a result of the program, an estimated 395 wells were plugged or repaired in Indian River County, saving millions of gallons per day of groundwater. In fiscal year 2009-2010, however, the cost-share program came to an end due to a lack of funding as a result of the economic downturn at that time. On March 3, 2015, the Board of County Commissioners voted unanimously to notify the SJRWMD of the County's interest in reinstituting the cost-share program to plug abandoned artesian wells. The SJRWMD has since agreed to re-activate the program, at the previous funding level of $20,000 per agency per year. To that end, attached to this report for the Board's approval consideration is a proposed cost-share agreement with the SJRWMD for controlling/plugging abandoned artesian wells. ANALYSIS The proposed contract agreement re-opens and extends the well-plugging cost-share agreement for three fiscal years, including the current fiscal year 2014-15, with each agency (the County and SJRWMD) allocating$20,000 toward the program each year contingent upon annual budget allocations. Similar to past agreements,the agreement outlines responsibilities of the County and the District. The list of responsibilities reflects the process that evolved during the years the cost-share program was 1 84 previously in effect. The agreement identifies environmental planning chief Roland DeBlois as the County's project manager, responsible for coordinating the County's participation. Public Benefits Abandoned flow-wells result in the unnecessary consumption of groundwater. Moreover, artesian flow wells tend to have high chloride levels. The high chloride levels, in turn, lower water quality in the surficial aquifer, which is the principal water source for private potable wells. Renewal of the attached agreement will re-establish an important and successful water quality and water supply protection program. In addition, the agreement renewal will fulfill Comprehensive Plan Natural Groundwater Aquifer Recharge Policy 3.5, which calls for renewal of the program contingent on funding availability. Eligible wells County Code Section 931.09 requires developers to plug abandoned artesian flow wells on development project properties in conjunction with county site plan and subdivision approval. Flow wells on such properties are not eligible for funding under the County/SJRWMD cost-share program. Rather, the cost- share program targets other wells (not on development project sites) to provide public funding for landowners that may need financial assistance to carry out a proper well abandonment, which can cost hundreds or thousands of dollars,depending on the characteristics of the particular well. Funding For the current 2014-15 fiscal year, MSTU Fund Contingencies are proposed to be used for the County's (up to) $20,000 cost-share match, for which funds are available. For FY 2015-16 and for future years, as had been budgeted in the past, funding for the well-plugging program is proposed to be allocated in Planning/Code Enforcement Budget Account# 00420724-033190, under"Professional Services." RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached countywide abandoned flow well plugging cost-share agreement with the SJRWMD, and authorize the Board Chairman to execute the agreement. ATTACHMENT 1. Copy of 3/3/15 BCC meeting minutes excerpt. 2. Copy of the Board Chairman's letter to SJRWMD supporting renewed funding of the well abandonment program. 3. County grant information form. 4. Proposed cooperative agreement. APPROVED: I.R.Coun In..,_fir, D to Admin. min`laE,fizam FOR: June 2, 2015 __t•;r11•1i?JAV7 .� Budget (1t1►.'M7li�"i1/� BY: . ►_ ■ A- (,;. De.t. �RMINII EMI Risk Mgr. wall111111111.111 M:\WEI PLUG\BCC items\Well plug SJRWMD cost-share agree bcc item 6-2-15.doc 2 85 ON MOTION by Commissioner O'Bryan, SECOND •y Vice Chairman Solari, the Board unanimously s • : ed the Impasse Hearing concerning the Indian River • •my Firefighter/Paramedic Association, International As ' • ion of Fire Fighters, Local 2201 (Local 2201), for Fri• , arch 20, 2015, at 9:30 a.m. 14. COMMISSIONERS MATTERS 12:14 A. Commissioner Wesley S. Davis, Chairman p.m. Addition 1. Abandoned Artesian Well Plugging (Clerk's Note: This item was heard following Item 14.E.1. and is placed here for continuity). Chairman Davis provided background on his request. ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously directed the County Attorney's Office to draft a Letter of Support for reinstituting the cost share funding for the Abandoned Artesian Well Plugging Program with St. John's River Water Management District (SJRWMD). Commissioner Zorc wondered whether anyone had developed a way to plug abandoned wells at less cost. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 12:03 B. Commissioner Bob Solari, Vice Chairman p.m. 1. All Aboard Florida—Rail Safety Expert (memorandum dated February 24, 2015) 312-314 Vice Chairman Solari read portions of his • orandum; a letter from Jeffrey Susi, Indian River i i ical Center; and excerpts from newspaper articles; . •ighlight his concerns about the proposed All Aboar lorida (AAF) high speed passenger rail project. sked fellow Board Members to consider hiring: (1) a • pert on rail safety to examine deaths and accidents w .• have occurred along the Federal East Coast Industries 'CI) line, and which potentially may occur with the p , tosed high speed rail; and (2) an expert to conduct a is study to examine the potential impacts of AAF on select railroad crossings in Indian River, Martin, and St. Lucie counties. A brief discussion ensued regarding the anticipated cost for the Board of County Commission Meeting ATTACHMENT 1 Page 14 March 3,2015 86 BOARD OF COUNTY COMMISSIONERS Wesley S. Davis (� Joseph E. Flescher Q Chairman District 2 District 17.4:d ( 74` "'� Tim Zorc Bob Solari * * District 3 Vice Chairman LORTOp' Peter D. O'Bryan District 5 March 6, 2015 District 4 Wes Curtis Program Manager, Water Well Construction Permitting Bureau of Water Use Regulation St. John's River Water Management District 4049 Reid Street Palatka, FL 32177 Dear Mr. Curtis: On Tuesday, March 3, 2015, the Indian River County Board of County Commissioners (BCC) unanimously voted to send the SJRWMD a letter of support to re-open the well abandonment program in Indian River County. Consistent with the Indian River County Comprehensive Plan aquifer recharge sub element 3.5, the policy states that "the county shall, depending on funding availability, renew its annual contract with the SJRWMD to identify and plug or repair abandoned free flowing artesian wells". If the District has current funding available in this fiscal year or is prepared to reserve monies for the next fiscal year, the County is prepared to provide local funds for this important program consistent with the levels of support shown in the past. Historically, the County has earmarked $20,000 of local funding contributions for this effort, but we are willing, if the District has additional matching funds to appropriate even more local dollars to advance this program. It would be in the best interest of both parties to formalize an agreement, so please use this letter as an indication of County support based on the March 3, 2015 BCC vote. An IRC- SJRWMD agreement and funding confirmation would require another BCC vote but be assured that this program received strong support at Tuesday's meeting. As in years past, Roland DeBlois will be the Indian River County liaison to work with SJRWMD for this important program. Mr. DeBlois can be reached at (772) 226-1258 or at rdebloisna ircgov.com. Indian River County appreciates the efforts of the SJRWMD and looks forward to continuing the strong partnership of working together to protect and preserve this precious groundwater resource. Sinc ely, Wesley S. Davis Chairman, District 1 cc: Joe Baird, Administrator; Roland DeBlois, Environmental & Code Enforcement Chief; Stan Boling, Community Development Director, Vincent Burke, Utilities Director; Arjuna Weragoda, Utilities Capital Projects Manager; Dylan Reingold, County Attorney; SJRWMD—Richard Burklew and Pat Renish 1801 27Th Street; Building A Vero Beach, FL 32960 (772) 226-1490 ATTACHMENT 2 87 GRANT NAME: IRC/SJRWMD Countywide Well-Plugging Cost-Share Agreement GRANT# Contract#28223 AMOUNT OF GRANT: $20,000 DEPARTMENT RECEIVING GRANT: Community Development CONTACT PERSON: Roland M. DeBlois TELEPHONE: ext. 1258 1. How long is the grant for?Three years(to September 30,2017) Starting Date: June 2015 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes,does the grant allow the match to be In-Kind services? Yes X No 4. Percentage of match to grant 50% 5. Grant match amount required SOn flan 6. Where are the matching funds coming from(i.e. In-Kind Services; Reserve for Contingency)? MSTU Contingencies(FY2014-15): Planning/Code Enforcement Budget Account#00420724-033190,under"Professional Services"(FY 2015-16 and FY 2016-17) 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no,how much do you think will be needed in capital costs or start-up costs: $N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs , 10. What is the estimated cost of the grant to the county over five years? $60 nnn f., . , , " ',,= Grant Amount Other Match Costs Not Covered Match Total First Year $20,000 $ $20,000 $40,000 Second Year $20,000 $ $20,000 $40,000 Third Year $20,000 $ $20,000 $40,000 Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 572Z//5— ATTACHMENT 3 88 Contract#28223 COST SHARING AGREEMENT BETWEEN TILE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR CONTROLLING ABANDONED ARTESIAN WELLS This Cost-Sharing Agreement is entered into between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT(the"District"), whose address is 4049 Reid Street, Palatka, Florida 32177, and INDIAN RIVER COUNTY (the "County"), whose address is 1801 27th Street,Vero Beach,Florida 32960. WHEREAS, the District is a special taxing district created by the Florida Legislature and given those powers and responsibilities enumerated in chapter 373, Fla. Stat., whose geographical boundaries encompass Indian River County; and WHEREAS, pursuant to section 373.207(1), Fla. Stat., the Florida legislature has directed the water management districts of the state to locate all known abandoned artesian wells, and to ensure that each well is properly controlled; and WHEREAS, the District has established a cooperative program, known as the Abandoned Artesian Well Plugging Cost Share Program (the "Program"), for the purpose of locating and plugging abandoned artesian wells, and WHEREAS,the County is a public body and is empowered to enter into an agreement with the District for the purposes of conserving and protecting water resources in Indian River County, Florida; and WHEREAS,the District has determined that its needs will be best served by entering into a cooperative,cost-sharing agreement with the County for the purposes stated herein. The District agrees to furnish and deliver all materials and perform all labor required for controlling abandoned artesian wells (the "Work"). The District shall complete the Work in conformity with this Agreement, which includes the Statement of Work (Attachment A). If any provision in the body of this Agreement conflicts with any attachment hereto, the body of this Agreement shall prevail.The parties hereby agree to the following terms and conditions. 1. TERM. The term of this Agreement shall be from the Effective Date to the Completion Date. Time is of the essence for each and every aspect of this Agreement. Where additional time is allowed to complete the Work, the new time limit shall also be of the essence. All provisions of this Agreement that by their nature extend beyond the Completion Date shall survive termination or expiration of this Agreement. a. Effective Date. The Effective Date of this Agreement shall be the date upon which the last party to this Agreement has dated and executed the same. b. Completion Date. The Completion Date of this Agreement shall be no later than September 30, 2017 unless extended by mutual written agreement of the parties. All Work under this Agreement shall be completed for use no later than the Completion Date. 1 of 10 ATTACHMENT 4 89 Contract#28223 2. DELIVERABLES. The Work is specified in the Statement of Work, Attachment A. The District shall deliver all products and deliverables as stated therein. The District is responsible for the professional quality, technical accuracy, and timely completion of the Work. 3. FUNDING OF AGREEMENT. The District and the County agree to pay fifty percent (50%) of the costs of controlling abandoned artesian wells in Indian River County, up to $60,000 each over the entire term of this Agreement, providing funding in the amount of $20,000 for each fiscal year. Fiscal Year: October 1,2014— September 30,2015 Amount: $20,000.00 Fiscal Year: October 1, 20]5—September 30,20]6 Amount: $20,000.00 Fiscal Year: October 1,2016 September 30,2017 Amount: $20,000.00 Funding for each applicable fiscal year of this Agreement is subject to District Governing Board budgetary appropriation. 4. FUNDING CONTINGENCY. a. This Agreement is contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Work not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Agency and this Agreement shall be deemed terminated for convenience five(5)days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. b. The District and the County each intend to fulfill their obligations as stated in this Agreement, but they cannot make commitments in excess of appropriated funds authorized by law and made administratively available. If either party cannot fulfill its obligations due to funding, this Agreement may be terminated at the election of either party. 5. PAYMENT OF INVOICES. The District shall invoice the County quarterly (on December 31, March 31, June 30, and September 30 of each year) for payment of fifty percent (50%) of the amount expended for the controlling of abandoned wells during that quarter. 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees and agents. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of 2 of 10 90 Contract#28223 this agreement such liability,workers' compensation,and automobile insurance as required by their current rules and regulations. 7. PROJECT MANAGEMENT. a. The project managers listed below shall be responsible for overall coordination, and management of the Work. Either party may change its Project Manager upon three (3) business days prior written notice to the other party. Written notice of change of address shall be provided within five(5)business days. All notices shall be in writing to the Project. Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or (4) e-mail. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one(1) business day after having been deposited with the courier. Notices via e-mail are deemed delivered on the date transmitted and received. DISTRICT COUNTY Wesley Curtis,Project Manager Roland DeBlois,Project Manager St.Johns River Water Management District Indian River County 4049 Reid Street 1801 27th Street Palatka,Florida 32177 Vero Beach,Florida 32960 386-329-4305 772-226-1258 E-mail:wcurtis@sjrwmd.com E-mail: rdeblois@ircgov.com b. The District's Project Manager shall have sole and complete responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Work. 8. AMENDMENTS. The parties may not amend this Agreement except in writing. Modifications that alter, add to,or deduct from the Work, or otherwise modify the terms of this Agreement, shall be implemented through a formal amendment. The District's Project Manager may also issue a District Supplemental Instruction (DSI) form (Attachment C) to authorize minor adjustments to the Work that are consistent with the purpose of the Work. Both parties must sign the DSI. A DSI may not be used to change the Total Compensation, quantity, quality or the Completion Date of the Work, or to change or modify the Agreement. 9. TERMINATION. a. Termination for Default. If either party materially fails to fulfill its obligations under this Agreement, the terminating party shall provide the non-terminating party written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. The non-terminating party shall have thirty(30)days to cure the breach. If the non-terminating party fails to cure the breach within the thirty (30) day period, the terminating party may issue a Termination for Default Notice and this Agreement shall be terminated upon receipt or said notice. 3 of 10 91 Contract#28223 b. Termination for Convenience. Either party may terminate this Agreement at any time for convenience upon forty-five (45) calendar days prior written notice to the non-terminating party. Upon District receipt of notice of termination, it shall place no further orders for materials, equipment, services, or facilities, for which reimbursement would otherwise be sought. The District shall also make every reasonable effort to cancel, upon terms satisfactory to the District, all orders or subcontracts related to the Work for which compensation would otherwise be sought. In the event of such termination, the District shall be compensated for all work performed pursuant to this Agreement prior to the effective date of termination. 10. AUDIT; ACCESS TO RECORDS. the District and County must preserve its books and other records involving transactions related to this Agreement and provide each other, or its duly authorized representatives, access and necessary facilities to inspect and audit those records for five (5) years after the receipt of funds. If an examination or audit is performed, the parties must continue to maintain all required records until such audit has been completed and all questions arising from it are resolved. The parties shall refund any payment(s) that are found to not constitute allowable costs based upon an audit examination. 1 l. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., the parties shall not discriminate against any employee or applicant for employment because of race, color, religion, sex,or national origin,age,handicap,or marital status. 12. GOVERNING LAW, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. In the event of any legal proceedings arising from or related to this Agreement: (1) each party shall bear its own attorney's fees, including appeals; and (2) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trail. 13. VENUE. In the event of any legal proceedings arising from or related to this Agreement, venue for such proceedings shall be in Orange County,Florida. 14. NON-LOBBYING. Pursuant to section 216.347, Fla. Stat., as amended, the County hereby agrees that monies received from the District pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other state agency. 15. PUBLIC RECORDS. Records of the parties that are made or received in the course of performance of the Work may be public records that are subject to the requirements of chapter 119, Fla. Stat. In the event a party receives a request for any such records, the receiving party shall notify the other party's project manager within three (3) workdays of receipt of such request Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119,Fla.Stat.,as amended. 4 of 10 92 Contract#28223 IN WITNESS WHEREOF,the St.Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director,or duly authorized designee,and the County has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives.This Agreement may be executed in separate counterparts,which shall not affect its validity.Upon execution,this Agreement constitutes the entire agreement of the parties,notwithstanding any stipulations, representations,agreements,or promises,oral or otherwise,not printed or inserted herein.This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST.JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT BOARD OF COUNTY COMMISSIONERS By: By: Michael A.Register,Acting Executive Director or Designee Wesley S.Davis,Chairman Typed Name and Title Date: Date: Approved by the BCC June 2,2015 APPROVED AS TO FORM Attest: Jeffrey R. Smith,Clerk of Court and Comptroller By: William Abrams,Sr.Assistant General Counsel Deputy Clerk Documents attached: Attachment A: Statement of Work Attachment B: Well Investigation Form APPROVED AS TO FORM Attachment C: District Supplemental Instruction A N D LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 5of10 93 Contract#28223 ATTACHMENT A: STATEMENT OF WORK CONTROLLING ABANDONED ARTESIAN WELLS The purpose of this Agreement is for controlling abandoned artesian wells in Indian River County, Florida, utilizing the services of a Florida-licensed water well contractor. The District and the County each agree to perform the work as specified. Should any change in this work be necessary, the District and the County shall execute an amendment to the Agreement, specifying the change in work,and if applicable, establishing any changes to the funding amount. A. Responsibilities of the County: 1. The County shall obligate funding for fifty percent (50%) of the costs of controlling abandoned artesian wells in Indian River County up to the amount of$20,000 for each fiscal year. 2. The County shall submit to the District written assurance of availability of funds for each fiscal year on or before September 30. 3. The County shall pay the District up to $20,000 each fiscal year for the services of a water well contractor and the materials necessary for controlling abandoned artesian wells in Indian River County,Florida. 4. In the event well abandonment opportunities become available, the cost of which exceeds the funding amount for the current fiscal year, the County agrees to seek additional funds for funding fifty percent(50%)of these costs. 5. The County shall be responsible for locating wells that are to be controlled, and shall complete a Well Investigation Form (Attachment B) for each well and submit the form to the District. 6. The County shall be responsible for obtaining written consent of well owners, authorizing their wells to be plugged by the District. 7. The County shall provide local contact with the public regarding the identification of new wells for the District's inventory. 8. The County shall provide local coordination of the Program. B. Responsibilities of the District: 1. The District shall administer the provisions of this Agreement. 2. The District shall obligate funding for fifty percent (50%) of the costs of controlling abandoned artesian wells up to the amount of$20,000 for each fiscal year. 3. The District shall submit to the County written assurance of availability of funds for each fiscal year on or before September 30. 6 of 10 94 Contract##28223 4. In the event well abandonment opportunities become available, the cost of which exceeds the funding amount for the current fiscal year, the District agrees to seek additional funds for funding fifty percent(50%)of these costs. 5. The District shall maintain the services of a qualified water well contractor for the duration of this Agreement. 6. The District shall provide professional and technical support necessary to address all aspects of the work carried out by the water well contractor. 7 of 10 95 Contract#28223 Item or Referral No. Station or Well No. ATTACHMENT B GENERAL PURPOSE FIELD INVESTIGATION FORM Reported By: Phone: Well Owner Name&Address: Phone: Well Location: GPS Position: (Lamudc) (Longitude) GPS Datum(circle one): NAD83 WGS84 Date of Inspection: Observed By: Cost Share Program discussed: Well Diameter: Well Depth: Taped/reported Blocked C feet Well Status:(Check All That Apply) Accessible By: Well Head: Condition: Action: Loggability: Foot _Visible _Capped Left As Found Loggable _Vehicle Buried Valved Temp Plug Site prep required _Boat _Discharge Visible Only _Leaking Temp Repair Need:(prep work) Not accessible Under power lines Flowing _Flagged or Staked _Unable to locate Other Not Loggable Reason Not Loggable: Flow upon arrival gpm Flow wide open gpm Flow as left gpm Recomendation: _Owner Keep _Owner Repair'Abandon Not Repairable SJRWMD Repair'Abandon Comments: Attach photos Version 1.6 96 5;15,15 Contract#28223 Item or Referral No. Station or Well No. PROPERTY LOCATION MAP (from major intersection&to include mileage,may attach printed map) N ti.4 . X * SITE SKETCH (from edge of landmark to well&to include approximate feet) Version 1.6 97 5/15/15 Contract#28223 ATTACHMENT C—DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS# DATE: TO: FROM: ,Project Manager CONTRACT/PURCHASE ORDER NUMBER: CONTRACT TITLE: The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time.Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work as consistent with the Contract Documents and return to the District's Project Manager. 1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORK TO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested,but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: Date: ,District Project Manager Acknowledged: Date: ,District Contracts Administrator cc: Contract/Purchasing file Financial Management 10 of 10 98 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Boar -of ounty Commissioners From: Jason E. Brown Director, Office of Mangem/ nt & Budget Date: May 26, 2015 � Subject: Miscellaneous Budget Amendment 016 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. On August 16, 2011, the Board of County Commissioners approved a local Jobs Grant for INEOS New Planet BioEnergy, LLC. This will be the final payment for INEOS, as the hiring and wage commitments have been met earlier than anticipated. The attached entry appropriates $81,334 from General Fund/Cash Forward-Oct 1st 2. The playground equipment at Round Island needs replacement at a cost of $26,399. Also, mobile bleachers are needed at the Gifford Senior Field, Gifford Football field, Kiwanis Hobart Fields along with the Fairgrounds, 12 at $4,232 each equals $50,784. Additionally, portable fencing is needed at Hobart Park for a cost of $2,733 and a concrete driveway and fencing at North County Aquatic Center at a cost of $ $4,500.The Gifford Pool needs a replacement Enduro Turbo Clean Robotic Vacuum at a cost of $11,000. The attached entry appropriates funding in the amount of $77,183 from Optional Sales Tax/Cash Forward-Oct 1st, and $18,233 from MSTU Fund/Cash Forward-Oct 1st. 3. Road & Bridge needs a replacement rubber tire backhoe. Additionally, the Recreation Department needs a replacement truck. The attached entry appropriates funding of $77,000 from Transportation Fund/Cash Forward-Oct 1st and $24,000 from MSTU Fund/Cash Forward- Oct 1St 4. Funds in the Court Facility fund need to be rolled to the current year. The attached entry appropriates $665 from Court Facility/Cash Forward-Oct 1st 5. Indian River County Libraries have received donations totaling $12,792. The attached entry appropriates these donations. 6. The Florida Department of Labor has invoiced the county for unemployment compensation in various departments for the quarter ending March 31, 2015. The attached entry appropriates $1,925 from General Fund/Cash Forward-Oct 1st and $186.00 from Transportation Fund/Reserve for Contingency. 99 Board of County Commissioners May 26, 2015 Page 2 of 2 7. The Collective Bargaining Agreement between Indian River County Firefighters/Paramedics Association, Local 2201, I.A.F.F. and Indian River County Emergency Services District was ratified by the union and approved by the Board of County Commissioners on May 12, 2015. The attached entry appropriates the salary increases effective May 15, 2015 from Emergency Services District/Reserve for Contingency at an estimated cost of $657,880. 8. The Conservation Land Department requested to purchase 2 ipad minis for the purpose of collecting scrub-jay data. The attached entry appropriates funding of $1,350 from MSTU/Cash Forward-Oct 1St 9. The carpeting at the North County Library is being replaced. The total cost is $132,000 and $125,000 has already been budgeted. The attached entry appropriates the additional funding of $7,000 from General Fund/Reserve for Contingency. 10. On Budget Amendment #15, funds were allocated from General Fund/Reserve for Contingency. These funds should have been allocated from Cash Forward instead. The attached entry reallocates $6,633 from General Fund/Cash Forward-Oct 1St 11. The Air Conditioning Unit at the Medical Center in the Jail needs to be replaced. The attached entry appropriates funding in the amount of $62,000 from Optional Sales Tax/Cash Forward- Oct 1st Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2014/2015 budget. Attachments Budget Amendment 016 and Resolution Indian River County Ap• : ed Date Administrator el Legal + 1�i, $1 'L2 1 APPROVED AGENDA ITEM: Budget /2-7n5 ((11 BY: ( ,, A - OUsJ Department E. osepII A. Baird Risk County Administrator Management FOR: June 2, 2015 100 RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2014-2015 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2014-2015 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2015. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By . By Deputy Clerk Wesley S. Davis, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 101 Exhibit Resolution No.2015- Budget Office Approval: `( Budget Amendmen 016 Jason :.Bro ,Budget Director Entry Number Fund/Depa = t/Account Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward-Oct 1st 001039-389040 $81,334 $0 Expense General Fund/Agencies/Local Jobs Grant/INPB,LLC 00111015-088014 $81,334 $0 2. Revenue Optional Sales Tax/Cash Forward-Oct 1st 31519981-099920 $77,183 $0 MSTU Fund/Cash Forward-Oct 1st 00419981-099920 $18,233 $0 Expense Optional Sales Tax/Parks/Other Improvements Except 31521072-066390 $77,183 $0 Bldgs MSTU Fund/NCAC/Other Improvements Except Bldgs 00410472-066390 $4,500 $0 MSTU Fund/Parks/Other Operating Supplies 00410872-035290 $2,733 $0 MSTU Fund/GAC/Other Machinery&Equipment 00410572-066490 $11,000 $0 3. Revenue Transportation Fund/Cash Forward-Oct 1st 111039-389040 $77,000 $0 MSTU Fund/Cash Forward-Oct 1st 00419981-09920 $24,000 $0 Expense Transportation Fund/Road&Bridge/Heavy Equip- 11121441-066430 $77,000 $0 Wheel Track MSTU Fund/Recreation/Automotive 00410872-066420 $24,000 $0 4. Revenue Court Facility Fund/Cash Forward-Oct 1st 106039-389040 $665 $0 Expense Court Facility Fund/Facilities Mgt/Maint-Bldg 10622019-034610 $665 $0 5. Revenue General Fund/Misc/Donations Main Library 001038-366095 $11,225 $0 General Fund/Misc./Donations NC Library 001038-366100 $1,567 $0 102 Exhibit "A" Resolution No.2015- il_Budget Office Approval: l101/\ Budget Amendment 016 Jason E Brow Budget Director Entry Fund/Depart, - Account Name Account Number Increase Decrease Number Expense General Fund/Main Library/Other Operating Supplies 00110971-035290 $6,125 $0 General Fund/Main Library/Office Furniture&Equip 00110971-066410 $3,600 $0 General Fund/Main Library/Misc. 00110971-038190 $1,500 $0 General Fund/NC Library/Books 00111271-035450 $1,567 $0 6. Revenue General Fund/Cash Forward-Oct 1st 001039-389040 $1,925 $0 Expense General Fund/BCC/Unemployment Compensation 00110111-012150 $1,925 $0 Transportation Fund/Engineering/Unemployment 11124441-012150 $186 $0 Compensation Transportation Fund/Reserve for Contingency 11119981-099920 $0 $186 7. Expense Emergency Services District/Fire Rescue/Salaries 11412022-011120 $380,063 $0 Emergency Services District/Fire Rescue/Special Pay 11412022-011150 $139,500 $0 Emergency Services District/Fire Rescue/Social 11412022-012110 $32,213 $0 Security Emergency Servcies District/Fire Rescue/Medicare 11412022-012170 $7,534 $0 Emergency Services District/Fire Rescue/Retirement 11412022-012120 $97,375 $0 Emergency Services District/Fire Resuce/Health&Life 11412022-012130 $1,195 $0 Insurance Emergency Services District/Fire Rescue/Reserve for 11412022-099910 $0 $657,880 Contingency 8. Revenue MSTU Fund/Cash Forward-Oct 1st. 004039-389040 $1,350 $0 Expense MSTU Fund/Parks/All Office Supplies 00421072-035110 $1,350 $0 103 Exhibit"A" Resolution No.2015- ;, Budget Office Approval: �� Budget Amendmerr 016 Jason .Brown,Budget Director Entry Fund/Dep nt/Account Name Account Number Increase Decrease Number 9. Revenue General Fund/Cash Forward-Oct 1st 001039-389040 $7,000 $0 Expense General Fund/North County Library/Carpeting 00111271-041220 $7,000 $0 10. Revenue General Fund/Cash Forward-Oct 1st 001039-389040 $6,633 $0 Expense General Fund/Reserve for Contingency 00119981-099910 $6,633 $0 11. Revenue Optional Sales Tax/Cash Forward-Oct 1st 315039-389040 $62,000 $0 Expense Optional Sales Tax/Sheriff-Detention Center 31560086-099140 $62,000 $0 104 Consent Agenda Item • INDIAN RIVER COUNTY, FLORIDA lie: � * DEPARTMENT OF UTILITY SERVICES A. Date: May 15, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services 0 Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Rw Subject: Work Order No. 2 with Atkins — West Regional WWTP 2015/2016 PERMIT RENEWAL DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) operates the West Regional Wastewater Treatment Facility(WWTF) located on 8th Street west of 82nd Avenue. The plant is currently permitted for 6.0 MGD. The current IRCDUS West Regional WWTF, Permit No. FL0041637 will expire April 11, 2016. The renewal application is due 180-days prior to the expiration date referenced above. ANALYSIS: Staff requested that Atkins prepare a proposal to apply for the renewal of the existing WWTF wastewater permit. The scope of the renewal requirements are more specifically described in the attached Work Order No. 2. On November 4th, 2014, the Indian River County Board of County Commissioners approved the Extension and Amendment of the Continuing Contract Agreement for Professional Services with Atkins. The total negotiated cost for the permit renewal is a lump sum amount of$37,128.00. Consultant will prepare two copies of the permit package to be submitted to Florida Department of Environmental Protection (FDEP) Southeast District. FUNDING: Funding for Work Order No. 2 is available in the Waste Water Treatment Other Professional Services account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. ACCOUNT INFORMATION: Description Account No. Amount Other Professional Services 471-21836-033190 $37,128.00 F:\Utilities\UTILITY-Engineering\WWTF-West Regional\Permit Renewal 2015\Agenda Atkins 5-7-15.docx 105 RECOMMENDATION:.' . Staff recommends that the Board of County Commissioners approve the attached Work Order No: 2 with Atkins, for the lump sum:amount of$37,128:00, and authorize the Chairman to execute the same, as presented: : : ATTACHMENT: Work. Order No. 2 — Scope of.Services from. Atkins; West .Regional WWTP 2015/2016 PERMIT:. RENEWAL . APPROVED FOR AGENDA: . A AIndian:River.Co. .. :ved at • .. . Appr Date By: .. . I 1 s.:1 t j T Administration : iL+ _o ff Jos h A: ::ird, County Administrator _ �+BudgLegalet iop. • 5 �5 For: —I_ ,-.-2 - GYd�7. Utilities : : : 0 : : S : 1S Date.. . Utilities-Finance Cl� 5-{' i5 F:\Utilities\UTILITY-Engineering\WWTF-West Regional\Permit Renewal 2015\Agenda Atkins 5.-15.docx : . 106 . WORK ORDER NUMBER 2 West Regional WWTP 2015/2016 PERMIT RENEWAL This Work Order Number—is entered into as of.this-day of :,201_, pursuant to that., : . certain:Continuing Contract Agreement for Professional Services, dated November 15, 2011, and_that . . certain Extension and Amendment of Continuing Contract:Agreement for Professional Servicesentered into . as of this 4th day.of November,.2014(collectively referred to as the"Agreement"); by and between INDIAN RIVER COUNTY,: . a political subdivision of the State of .Florida :("COUNTY") and :Atkins North America; Inc..("Consultant"): :. The COUNTY has selected the Consultant toperform the professional:services setforth 'on Exhibit A(Scope of.Work),attached.to this:Work Order and made part hereof by this reference. The professional services will beperformed by the Consultant for the fee schedule set forth in Exhibit A (Fee.Schedule), attached to this Work..Order and made a part hereof by this .reference: The. Consultant will perform the professional services within the timeframemore particularlyset 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 containedin any Work Order shall:conflict with the terms of the Agreement:and the terms of the Agreement shall be deemed tobe incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF;the parties hereto have executed this:Work:Order as:of the date first written above. . : CONSULTANT: BOARD OF COUNTY COMMISSIONERS Atkins North America,'Inc: OF INDIAN RIVER COUNTY- By: .. By:.. Wesley S. Davis, Chairman. Title: S' h; .P., , AVP. • BCC Approved Date:. Attest:Jeffrey R Smith,Clerk of Court and Comptroller : By: . . Deputy Clerk Approved: 0,61 Saki) Joseph . a ird,.County Administrator • . Approved as to:form and legal sufficiency; . _ . Dylan T.Reingold;County.Attorney 107 . Exhibit A. . . Continuing Contract Agreement Work Order No:.2. Scope:of work :. Indian River County:Utility Services . West Regional WWTP 20.15/2016 PERMIT RENEWAL . The current Indian River County IRCUD/West Regional WWTF: Wastewater Facility Permit No. FL0041637 will be expiring on April 11, 2016..The renewal application will be due onor before October 11, 2015: Failure .to.submit:the application 180 days prior:to the expiration date of:the'referenced permit will result in enforcement action..Atkins has . . contacted FDEP regarding the renewal'of permit:for the referenced facility and they have : : indicated that the following:forms and/or informationwill be required: 1.: FDEP Form 1 '::2: : FDEP:Form 2A.. . . . . 3: O&M Performance Report . 4: Process Flow Diagram 5: Site Plan . 6..' Location Map 7: Binding Agreements and Documentation.of Controls on:Individual.Users of : Reclaimed.Water. 8.: Reclaimed:Water or Effluent:Analysis Report 9: Since the:current flows to the WWTP are below 50% of the design capacity, according to rule 62-600.405(4)(C) a capacity analysis report is in not required,.. however:based on discussion with FDEP, they would require a certified : statement to this effect: ATKINS will:address this either in the signed and sealed cover letter:or in the O&M performance report: Based on the above ATKINS has prepared the following scope.:Details of the data requirements are:attached in Attachment A.. Task.1 Protect Kick off and Data Collection .. Task 1.requiresgathering the:data and updating Form 1; Form 2A:and.the permitting package: PBSJ will work directly:with IRC and WRRWTF staff to obtain the required data : and complete the required forms and reports. A Project:Kickoff meeting must be held with:the.Staff and will be combined with the O&M:performance.report inspection, : Task 2 Permittirtq Forms . Task 2 requires gathering the data and;updating.Form 1 and Form 2A as submitted for the previous.permit.renewal: IRC will be required to complete orprovide the following: 1.: Section 3,'A. Discharges to Surface Water; Items 12,:13, and 14.A detailed explanation of the required information is attached in Attachment A. 2.' Section 5. Industrial Pretreatment for each SIU or significant industrial users. 108 3. The Annual.Average.Daily.Flow and the Maximum Daily Flows for calendar years : 2012, 2013,2014 and 2015 (thru Latest data available prior.to submitting). Required :, :for'Form 2A. :4: .A.summary.of the.annual effluent toxicity test results: ; 5. A Copy of the most recent Annual Wetlands System Treatment.Compliance and Performance Report: : 6; The most.recent Annual Reclaimed Water or Effluent Analysis:Report. 7. A map of the monitoring well locations with GPS coordinates.. 8. Copies of any orders or noticesissued by FDEF: 9.: :copies of.the Annual:Flow meter Certifications for:every flow meter. :10: Digital copies of binding agreements with major reclaimed water users Details of the required.information are attached in Attachment A : . • . : Task 3 O&M Performance Report :. : The O&M Performance report.requires an inspection of the facility:in.the:company of the : . chief operator and an evaluation of theperformance of the .treatment :plant. The :inspectionwill be:combined with the project kick off. meeting: . Data required include the following:_ : 1. A :Digital .Summary of 24 months: of flow and :all influent and effluent data. coverin period from Jul 2011.through Jul.y'30, 2012. (A digital summar of the. g they .1, . data). 2.: A Digital Summary of the' .Quarterly Groundwater.Monitoring Data (3rd and Orn. Quarter 2014, 1St and.27':Quarter 2015):for all:of the groundwater monitoring wells:. 3. The Operating Protocolfor the Facility ATKINS will develop the required :report and: submit a draft for review:prior to finale: :submittal. The: owner:.and the:chief operator: will be required to.sign the final document : prior tosubmission;to FDEP. : : : Task 4 Response to Request for Additional.Information Although every effort will be madeto submit a complete permitting package, :this is an NPDES permit and :requestfor additional information from .FDEP in response to EPA overview can be expected:: Should additional time and effort in exceSsi of this fee be regauired; Atkins will advise:IRC prior to proceeding::: Submittals: Atkins willprovide digital copies of each form or report for review and:comment prior to assembly: of the final permitting 'package. The :final. permitting package will .be. assembled in a single _bound document fora signature and submittal to FDEP: The. submittal package will include the following: 1.. Three copies for signature and submittal alongwith thepermit fee of $5,000 provided by IRC.. The check for the permit fee should be made out to the Florida. Department.of Environmental Regulation for renewal of IRC West WRF Plant Operating • Permit# FL0041637. 109 2. Two copies of the final packagefor distribution_to the treatment plant and.the:IRC • files:.. .. . 3. A CD containing the electronic files for the.submittal. Compensation The total.Lump Sum:cost for the Scope of Work presentedabove.is.$37,128.: • : . Schedule. : . :For this.project, ATKINS.estimates that if the requireddata and the reviews of the draft • submittals can be providedin a timely manner: the final permitting package :can' be comleted' and ready. for submittal'within 180 days or bythe due.date of October ' p . � Y . � ' 2015.:. . However, if for any reason there are delays, Form 1 and the permit fee may be ::submitted to extend the submittal deadline. .. Attachment: : ;. : Data Request Attachment A _; : . . 110 Data/Information Requirements 1: A summary:of the annual effluent toxicity test results(Form 2a): 2. : Copy of the most recent Annual Wetlands System Treatment Compliance:. • and Performance Report (Form 2a)_ 3 The most recent Annual Reclaimed Water or:Effluent Analysis Report. . (Form 2a): 4: A Digital Summary.of 24months:of flowand_all influent and effluent data covering the period from f • July 1, 2013 through July 30, 2015..(a digital summary of.the data:-not the DM Rs pr spreadsheets as summary).(OMPR).. • 5. The Annual Average Daily Flowand the Maximum Daily Flows forcalendar years.2012,:201Z 2014and2015 (thru July 2009): (Form 2a) 6. : ._A Digital Summary of the Quarterly Groundwater Monitoring Data (3i and 4h Quarter 2 014,1st and 2PdQuarter 2015) for all of the groundwater t : : monitoring wells:(OMPR) . Also need a:map ofthe monitoring well locations with:GPS coordinates:(Form 2a) : 7:. Copies of any orders or notices issued by:FDEP. (Form 2a): : 8. : The current Operating Protocol and the dates of any updates provided to FDEP. (OMPR) 9.: .: Copies of the Annual Flow meter Certifications for every flow meter(Form .. 2a) : . FLW-1 Raw influent Flow Monitor/Totalizer/Recorder - FL,W-2 CCC Effluent.Flow Monitor/Totalizer/Recorder : FLW:3 South Plant Effluent to Wetlands Flow Monitor/Totalizer/Recorder FLW-4 West Plant Effluent to Wetlands:Flow Monitor/Totalizer/Recorder FLW-5. Wetlands Discharge Flow Monitor/Totalizer/Recorder.. : FLW-6 : West Plant Effluent to Reuse Flow Monftor/Totalizer/Recorder INF-1 , Raw Influent Sample Point • 30...'. :Complete.Industrial User.Section 5 of Form 2a one for each SIU- jsignificantindustrial user See attached)(Form 2a)': 11. Fill in the.blanks Section 3 Form 2a, Items 12, 13,,and 14(See Attached) The way this is supposed to work is that the wetlands effluent is sampled annually:in each of 3 years prior to the expiration date of the permit. If this :. has not been done need to start today and sample monthly for 3 . consecutive.months May,June, and july 2015. (Form 2a) 12.... :Annual Reuse Report(Form 2a) . : . 13: : Digital copiesof bindingagreements with:major,reclaimed water users— Update the table below(Form 2a) 111 INDIAN RIVER COUNTY, FLORIDAZ . .. BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator CONSENT AGENDA FROM: Christopher R. Mora, P.E., Public Works Director C,Th--v-.."--- SUBJECT: Indian River Medical Center Health and Wellness Center- Developer Agreement for Developer Contributions to Roadway Improvements on 37th Street DATE: May 15, 2015 DESCRIPTION AND CONDITIONS Indian River Memorial Hospital, Inc. (IRMH) is proposing a new Health&Wellness Center to be built south of 37th Street near the hospital. In accordance with County Land Development Regulations, IRMH must build a right-turn lane on eastbound 37th Street at 11th Drive. The cost to construct the right turn lane is $42,402.80. The County plans to widen 37th Street in the same area that the right turn lane is to be constructed, and in approximately the same time frame. It would be mutually beneficial to both the County and the developer if the two projects were combined and built simultaneously. The attached developer agreement provides for the developer to pay the County$42,402.80 to build the right turn lane at the same time that the County widens 37th Street. The payment must be made prior to site plan release for the Health & Wellness Center project. FUNDING The developer's contribution of $42,402.80 will be applied to the construction cost of widening 37th Street. RECOMMENDATIONS Staff recommends that the Board of County Commissioners review and approve the attached Indian River Medical Center Developer Agreement. ATTACHMENT Developer Agreement Indian River County Approved Date Administration f4: 00 f DISTRIBUTION Budget , ei tig County Attorney 0 Jason Brown, Budget Manager itlgrfilarragement_ APPROVED AGENDA ITEM Public Works J "-'� S/"K,j FOR 06-02-15 Traffic Engineering Cjy.� %`y d- BY ( .1 A • 661,,,c) ublic Works\Luanne MWgreement Docs\Developer's Agreements\IRMC Health&Wellness Developer greement BCC 05-15-15.doc 112 DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND INDIAN RIVER MEMORIAL HOSPITAL, INC. THIS AGREEMENT,entered this day of ,20_,by and between INDIAN RIVER COUNTY,FLORIDA a political subdivision of the State of Florida, 1801 27th Street,Vero Beach,Florida,32960 hereafter called COUNTY and Indian River Memorial Hospital, Inc. a Florida Corporation, 1000 36th Street, Vero Beach, Florida 32960-Jeffrey L. Susi, President, 772-567-4311, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS,the DEVELOPER has applied to develop a site plan to be known as the Indian River Medical Center(IRMC)"Health&Wellness Center"on approximately 37 acres of land along the south side of 36th Street between U.S. Highway#1 and Indian River Boulevard,in Indian River County,Project Number SP- MA- is-oS-17,the legal description is attached as Exhibit"A" and incorporated herein by reference; and WHEREAS,the COUNTY and DEVELOPER share mutual concerns with respect to right- turn lane roadway/entrance improvements necessary along 37th Street to accommodate project traffic volumes as shown on the sketch attached as Exhibit"B"and incorporated herein by reference; and WHEREAS,the COUNTY is planning to expand 37th Street from three(3)lanes to five(5) lanes in the near future along the Indian River Medical Center frontage; WHEREAS,the DEVELOPER is required to construct an eastbound right-turn lane on 37th Street at both 10th Court and 11th Drive, WHEREAS,the County has already received a fee-in-lieu of construction for the eastbound right-turn lane on 37th Street at 10th Court pursuant to that Developer's Agreement with Indian River Memorial Hospital, Inc. approved by the Board of County Commissioners on September 9, 2014 and WHEREAS,the COUNTY and DEVELOPER agree that this Agreement is contingent upon DEVELOPER receiving final site plan approval,and if final site plan approval is not obtained,this Agreement shall be null and void and any monies paid hereunder shall be promptly refunded to 113 1 DEVELOPER; and WHEREAS,both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed 37th Street improvements. NOW,THEREFORE,in consideration of the mutual terms,conditions,promises,covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows: 1. The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. Instead of the DEVELOPER constructing the site related right-turn lane(s)within the 37th Street right-of-way as a stand alone project, the DEVELOPER shall pay to the COUNTY the sum of$ 42,402.80 prior to "Site Plan Release" for the Health & Wellness Center project as its contribution for construction of the right turn lane at the 37th Street/ 11th Drive entrance based on the cost estimate attached as Exhibit"C"prepared by Masteller&Moler,Inc. Upon the payment of the sum specified above,any condition of the site plan relating to the completion of the site related right- turn lane and signal modification shall be deemed to be satisfied. 3. The COUNTY shall be responsible for the cost of all such construction and for all construction coordination including advertisement for bids, contractor selection and construction inspection. 4. No additional right-of-way is required for these improvements. 5. In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 6. No amendment,modification,change,or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. 7. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 8. This Agreement contains the entire agreement and understanding between the parties. No representation,statement,recital,undertaking,or promise not specifically set forth herein shall be binding on any party hereto. 9. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 2 114 10. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 11. Whenever the singular number is used in this Agreement and when required by the context,the same shall include the plural;and the masculine,feminine,and neuter genders shall each include the others. 12. COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time,and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 13. Failure to insist upon strict compliance with any of the terms,covenants,or conditions herein shall not be deemed a waiver of such terms,covenants,or conditions,nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. 14. All words,terms,and conditions contained herein are to be read in concert,each with the other,and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. 15. The words herein and hereof and words of similar import, without reference to any particular section or subdivision of this Agreement,refer to this Agreement as a whole rather than to any particular section or subdivision hereof. 16. In the event any term,condition,or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. 115 3 IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. INDIAN RIVER MEMORIAL. BOARD OF COUNTY COMMISSIONERS HOSPITT•• L, INC INDIAN RIVER COUNTY, FLORIDA BY: i// •_-/ BY: • . S t, 'resident Wesley S. Davis, Chairman BCC Approved: WITNESS: _5(22JApproved: WITNESS: L,! _ % . . L. • B c a tS �' \ V 41 L By C. seal is acceptable in place of witnesses) Jose. A. Bai •, County Administrator Attest: Jeffrey R. Smith Clerk of the Circuit Court. Approved a forma egal sufficiency: D Reingold, County Attorney Indian River County Approved Date Administration Budget Co.Atty. Risk Management Public Works 116 4 EXHIBIT A LEGAL DESCRIPTION THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST,INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING PER OFFICIAL RECORDS BOOK 1546, PAGE 2735 THE NORTH 415.58 FEET OF THE WEST 419.27 FEET OF THE NORTH 853.00 FEET OF THE SOUTHWEST ONE-QUARTER(SW 1/4) OF THE NORTHWEST ONE- QUARTER(NW 1/4) OF SECTION 36,TOWNSHIP 32 SOUTH, RANGE 39 EAST OF INDIAN RIVER COUNTY, FLORIDA; SAID LESS AND EXCEPT PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4,ALSO BEING THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 , SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN N89°42'33"E ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4 A DISTANCE OF 419.27 FEET; THENCE RUN S00°02'55"E AND PARALLEL TO THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 415.59 FEET; THENCE RUN S89°42'33"W AND PARALLEL TO AFOREMENTIONED NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 419.27 FEET TO THE SAID WEST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE RUN N00°02'55"E ALONG SAID WEST LINE A DISTANCE OF 415.59 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS OF RECORD. 117 5 EXHIBIT B SKETCH OF PROJECT TRAFFIC VOLUMES zI- ce O 0 I U U g 0 0 0 o Z 0(0) 0 c 0 't 4(0) .,,-r o m Z 208(0) 0 o er — 309(11) o 0 o r 481(11) m' m f- 31010) 37TH STREET 41i 4 ,x 158(0) 4 + if r 5(0) 41 i1 4 r 185(21) - 10)4 -* h t t► (0)0 ' 4 f 4 (0)184 S +I t if 3 (61592 --0' a v ' (8)843 -0 a (0)244 -p m^ n u 121)97 -Z in 0 n 10125 ^Z o 0 0 (6)95 Z v 0 L9 O N v n \\ + 4 z 25(4) t ,4 36TH STREET I(\ r0 CD )1 \ 0 03 LEGEND: XX = TOTAL PROJECTED DRIVEWAY VOLUME (XX) = PROJECTED DRIVEWAY VOLUMES ASSOCIATED WITH THE PROPOSED PROJECT ❑ FIGURE 2 VERO CENTER FOR HEALTH&WELLNESS PROJECTED AM PEAK HOUR DRIVEWAY VOLUMES Kimley>>>Horn NOT TO SCALE PROJECT#142302000 6 118 EXHIBIT C CONSTRUCTION COST ESTIMATE INDIAN RIVER MEDICAL CENTER - HEALTH & WELLNESS CENTER OFF-SITE TURN LANES & FAIR SHARE SIGNALIZATION UPGRADES DESCRIPTION QUANTITY UNIT UNIT COST TOTAL IRMC 11th Drive Right Turn Lane on 37th Street Mobilization 1 LS $2,500.00 $2,500.00 Maintenance of traffic 1 LS $3,000.00 $3,000.00 Staked silt fence 400 LF $2.00 $800.00 Floating turbidity barrier 1 EA $300.00 $300.00 Wellpointing/dewatering 1 LS $3,000.00 $3,000.00 Strip ditch sides,clean out ditch bottom 1 LS $1,500.00 $1,500.00 Excavation(decel lane) 1 LS $3,000.00 $3,000.00 12"Stabilized subgrade 836 SY $5.00 $4,180.00 8"Crushed concrete base 738 SY $11.60 $8,560.80 2"SP-12.5 asphalt&prime 733 SY $14.00 $10,262.00 Thermoplastic striping&signs 1 LS $1,800.00 $1,800.00 Survey/layout/as-builts 1 LS $3,500.00 $3,500.00 ,d,n�ti�tmIuIInn,ryb Total.M44k1k1 y 1gess Center Contribution $42,402.80 "0 NF f.‘ A ( 62015. *: l per Aol@F, P43 193 P.� Ma4<<11114%1410.1::-/ S pli%I4Ibi \ . 119 J;;;;) \,21 Office of Consent 06/2/2015 :,'� *I INDIAN RIVER COUNTY LORvo-/ ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners 071 FROM: William K. DeBraal, Deputy County Attorney DATE: May 27, 2015 SUBJECT: Answer to Lawsuit on Blue Cypress Lake Stilt Houses Background: In 2012, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, (Trustees) filed suit against the owners of three stilt houses constructed offshore of Blue Cypress Lake. The suit alleges that the houses are built on sovereign submerged land owned by the State of Florida. The owners of the houses: Kim Blair, Jay & Carol Scott, and Charlie Cayson & Robert Tucker, have answered the lawsuit claiming the houses are not built on sovereign submerged lands rather they are on property owned by Indian River County. Mr. Crayson and Mr. Tucker have settled their suits with the Trustees so only Kim Blair and the Scotts remain involved in the litigation. The Trustees asked the court to join the County as an indispensable party since the defendants claimed the stilt houses stood on County owned land. The court granted the Trustees' motion and the County was joined as a defendant to the lawsuit effective May 4, 2015. A copy of the Second Amended Complaint is attached to this memorandum. The County now must file its answer and any counter claims it may raise against the Plaintiffs Blair and the Scotts. When answering a lawsuit, a defendant must respond to each allegation in the complaint, plead all affirmative defenses and make all counter claims in its initial response to the lawsuit. This does not mean that the defendant must prosecute all of the counter claims, but they must be stated in the initial answer and pleadings filed with the court as it would be difficult to add them at a later date. Staff will answer the allegations in the complaint and deny having any interest in the submerged lands. We will also raise four counter claims: Indian River Co. Approved Date Approved for June 2, 2015 BCC Meeting Administrator L. jr,11,•S' CONSENT County Attorney �.� 415 Budget �) Department COUNTY ATTORNEY Risk Management 120 Blue Cypress Lake Stilt Houses May 27, 2015 Pa _ a 2 1. Ejectment. If the court finds the property does belong to the County, one of the remedies available to the County is to get an order from the Court removing the occupants from the stilt houses as they built on land not owned by them and without County permission. 2. Violation of the County and Florida Building Codes. It is believed that the stilt houses were built without any building permits. If this is the case, the houses must obtain after-the-fact building permits and be inspected as to electrical, plumbing and structure in order to determine if the houses meet applicable code requirements. 3. Trespass. If the court does find that the property is owned by the County, the court could also find that the stilt houses and occupants are occupying the lands without permission and are thus trespassing on County owned land. 4. Theft of utilities. Based on information and belief, the stilt houses have running water and/or electricity. The only nearby source of the water would be the County owned well at Middleton Blue Cypress Lake Park or electric in the park. If the owners do not have permission to tap into the County's well or electric, the court could hold them liable for monetary damages. When this matter came before the Board in March 2015, the County Attorney's Office wished to avoid being ensnarled in this ongoing lawsuit. Now that we are joined in the suit, we must defend the matter and the first step in the process is to file the answer and counter claims. As was stated earlier, this does not mean that we must vigorously prosecute all of the counter claims, but they must be raised in the County's initial pleading. This matter was originally on the May 19, 2015 agenda, but removed on the request of the attorneys for the defendant owners. Attorneys for the defendant owners were asked to meet on this matter, but as of the date of this memo, no contact has been received from either counsel. Funding: There is no funding associated with this matter. Recommendation: The County Attorney's Office recommends the Board approve filing the answer and include the applicable counter claims therein. 121 IN TILE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, Plaintiff, vs. CASE NO.: 31-2012-CA-000934 JAY SCOTT, CAROL SCOTT, and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendants. SECOND AMENDED COMPLAINT Plaintiff, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida(hereinafter "Board of Trustees"), files this Amended Complaint against Defendants Jay Scott, Carol Scott(Jay Scott and Carol Scott collectively"the Scotts"), and Indian River County. Florida, a political subdivision of the State of Florida(Indian River County and the Scotts collectively referred to as "Defendants") and alleges as follows: 1. This is an action to quiet and confirm title to and recover possession of submerged real property located in Indian River County,Florida, in the name of the Board of Trustees, under Chapters 65 and 66, Florida Statutes("Fla. Stat."). JURISDICTION AND VENUE 2. This is an action for injunctive relief and damages in excess of fifteen thousand dollars($15,000.00), exclusive of interest and costs. 3. This court has jurisdiction over this action pursuant to Article V, Section 5, Florida Constitution, and Sections 26.012 and 253.04, Florida Statutes. EXHIBIT A 122 4. Venue properly lies in Indian River County, Florida pursuant to Section 47.011. Fla. Stat.,because the submerged property in litigation is located in, and the causes of action set • forth herein accrued in, Indian River County. PARTIES 5. The Board is responsible for overseeing state-owned lands and ensuring they arc managed in trust for the citizens of the State of Florida pursuant to Chapter 253 Fla. Stat., and Title 18, Florida Administrative Code("Fla. Admin. Code"). 6. The Florida Department of Environmental Protection("Department")has the duty to perform all staff duties and functions related to the administration of state lands as provided in Section 253.002, Fla. Stat. 7. Defendants are"person[s]"as defined in Section 253.04, Florida Statutes, and are subject to the provisions of Chapter 253,Florida Statutes, and Florida Administrative Code Titles 18. 8. The Scotts are individuals who operate, use,or otherwise claim an interest in two structures(hereinafter"the two structures")on and over submerged real property located in Indian River County, Florida,waterward of the ordinary high water line of Blue Cypress Lake and within the lands depicted by Indian River County Property Appraiser Parcel No: 32360000000000000003.0(hereinafter the"Property"). The Scotts are not the upland riparian • owners adjacent to the Property and the two structures. 9. Defendant Indian River County,Florida, ("The County")is a political subdivision of the State of Florida who claims an interest in the Property. COUNT I—QUIET TITLE 10. The allegations in paragraphs 1 through 9 are re-alleged and incorporated herein. Page 2 of 6 123 11. Blue Cypress Lake is a navigable water body. 12. Blue Cypress Lake is a non-tidal water body. 13. The Board deraigns title to the submerged real property lying waterward of the ordinary high water line of Blue Cypress Lake(where the Property and the two structures are located), from the United States under the Equal Footing Doctrine, and by Florida's admission to the Union,Act of March 3, 1845. Ch. 48, §1, 5 Stat. 742,Art. X §11 Fla. Con. The Board holds title to all submerged property, not otherwise alienated or conveyed, in trust for all of the people of the State of Florida. §§ 253.03 and 253.12, Fla. Stat.; Art. X, §11, Fla. Const. 14. The Scotts have entered upon the Property and continue to maintain, improve, and use the structures on the submerged Property. 15. The Indian River County Property Appraiser depicts Parcel No: 32360000000000000003.0 as including the Property, lists the owner as the County, and references a County deed recorded in Indian River County's Official Records Book 47. Page 507. 16. Defendants claim some right, title, or interest in and to the Property. PRAYER FOR RELIEF WHEREFORE, the Board respectfully request that this Court remove the cloud from the Board's title to the Property and quiet title unto the Board. COUNT II—TRESPASS 17. The allegations in paragraphs 1 through 8, 10 through 14, and 16 are re-alleged and incorporated herein. 18. This is an action for Trespass on real property. 19. The Board is the owner in fee simple of the Property. Page 3 of 6 124 20. The Scotts continue to cause a trespass on the Property by using and maintaining the two structures without authorization from the Board. 21. The continual unauthorized use and physical occupation of the Property by the Scotts constitutes forcible,direct,and unlawful entry upon said property. 22. The Scotts are not and have never been authorized or allowed such trespasses and have been informed of the same. Notice by posted sign was provided on February 23, 2009. 23. The Scotts continued trespass interferes with the Board's property rights and causes the Board to suffer damages, causes damage to state lands, plants, and wildlife. and is destructive to benthic communities on the Board's land. 24. The Scotts continual trespasses on the Property impairs and impedes the public's use and enjoyment of said property,which is constitutionally mandated to be held in trust for such public purpose. Art.X, §11,Fla. Const. PRAYER FOR RELIEF WHEREFORE,the Board respectfully request that this Court: A. Permanently enjoin the Scotts from further trespass on the Property, including requiring the Scotts to remove the entirety of the structure and other materials and personal property that are causing the trespass upon the Board's property; B. Impose and compel payment for compensatory damages for damage to state property, the waters.of the state, the natural resources of the state, and interference with the ordinary use of the property by the owners and the public, including payment of any costs incurred by the Board if the Scotts fail to remove the entirety of the structure and other materials and personal property from the Property, and the Board must undertake said removal; Page 4 of 6 125 C. Impose and compel payment of exemplary damages for the willful and continuing trespass after notice, and D. Provide such other relief as is equitable and just in the circumstances. COUNT II—EJECTMENT 25. The allegations in paragraphs 1 through 8, 10 through 14, and 16 through 24 are re-alleged and incorporated herein. 26. This action is to recover possession of the Property. 27. The Scotts are in possession by way of the placement and maintenance of structures and material on the Property without permission or consent by the Board. 28. The Scotts refuse to deliver possession of the Property to the Board and/or pay the profits resulting from their use of it. PRAYER FOR RELIEF WHEREFORE,the Board respectfully request that this Court eject Defendants from possession of the Property and award the Board damages against Defendants and any further relief this Court deems appropriate. Respectfully submitted this x.Jday of March,2015. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BONNI �A. A •Y Assistant General Counsel Florida Bar No. 86109 Office of General Counsel Department of Environmental Protection 3900 Commonwealth Blvd.,MS #35 Page 5 of 6 126 Tallahassee, Florida 32399-3000 Telephone: (850) 245-2261 Facsimile: (850) 245-2298 Primary email: bonnie.malloy@dep.state.fl.us Secondary email: lateshee.m.daniels(i?dep.state.1l.us Tertiary email: DEP.Enforcement@;dep.state.fl.us KIRK S.WHITE Assistant General Counsel Florida Bar No. 073113 Office of General Counsel Department of Environmental Protection 3900 Commonwealth Blvd., MS #35 Tallahassee, Florida 32399-3000 Telephone: (850) 245-2258 Facsimile: (850) 245-2298 Primary email: kirk.white@dep.state.fl.us Secondary email: Karen.tyre@dep.state.fl.us Tertiary email: DEP.Enforcement(rdep.state.fl.us Page 6 of 6 127 Consent SvIA Indian River County Inter-Office Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: May 27, 2015 Subject: Children's Services $200,000 Funding Match Update - Fiscal Year 2015/2016 Allocation From: Jason E. Brown - Director, Management & Budget Description and Conditions Each year, the Board of County Commissioners approves a funding allocation for Children's Services. This amount is then allocated to the applicants based upon recommendations of the Children's Services Advisory Committee. Staff submitted an initial funding recommendation for the fiscal year 2015/16 allocation on March 3, 2015. This item was tabled for further discussion on March 17, 2015. On March 17, 2015, the Board approved a base allocation of $651,965 for Children's Services with an additional allocation of up to $200,000 provided that these funds were matched by additional contributions from private donors. At the meeting, the Board requested an update on these matching funds in June. Staff has been coordinating with Hope Woodhouse, who is a member of the Children's Services Advisory Committee (CSAC) as well as the Funder's Forum CSAC Match Group, regarding the matching funds. Staff has been advised that as of May 22, 2015, an additional $228,500 has been pledged to match the County allocation. The United Way has set up a separate fund to receive and disburse these dollars. As of May 22, 2015, $108,000 out of the $228,500 in commitments has been received. Staff will continue to coordinate with the United Way and the Funder's Forum CSAC Match Group to obtain documentation that the remaining committed funds are deposited prior to disbursement of County funds. However, staff is confident that at least $200,000 will be received. Therefore, we will recommend that the CSAC make funding awards based upon the entire $200,000 match. In the (unlikely) event that the group does not reach the $200,000 match prior to July 15th, the funding amount could be reduced. This may require the CSAC to be re-convened to revise funding recommendations based upon the lower amount of funding. One of the requirements of the match was that the private donations were "additional" contributions and not the normal donations that were received through the normal fundraising process. Staff has received documentation showing that the funds were raised outside the normal fundraising process of various funding groups (e.g. John's Island Community Service League, Indian River Community Foundation, Quail Valley Charities Non Profit Collaboration Fund). The CSAC will hear presentations by applicant agencies and make funding recommendation on "June 5th-6th The Funder's Forum CSAC Match Group will provide their funding allocations to the CSAC prior to the CSAC's deliberations on allocations 128 Board of County Commissioners Page 2 of 2 May 27, 2015 Recommendation Staff recommends that the Board of Commissioners approve a final funding allocation of $851,965 ($651,965 based plus $200,000 match) for Children's Services for fiscal year 2015/16 based upon the $228,500 raised through the Funder's Forum CSAC Match Group. This recommendation is contingent upon final documentation of the deposit of$200,000 in the United Way fund. APPROVED AGENDA ITEM: BYE. ; j;,{.�� �, ',1! s Joseph A. Baird County Administrator FOR: June 2, 2015 Indian River County As*roved Date Administrator laT//� ;41 County Attorney ( 1/16 Budget Z7 Department Risk Management 129 b0I2 PUBLIC IIEAIZING INDIAN RIVER COUNTY, FLORIDA LUR ANIENI)MENT MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AISP; ommunity Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: May 19, 2015 SUBJECT: Consideration of Proposed Amendments to the CH, IL, and IG Maximum Building Coverage Regulations Chapter 911 [2001110066-74280/LDRA-15-05-01] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 2, 2015. BACKGROUND Currently, the County's zoning district regulations include size and dimension requirements for various development parameters, including minimum lot size, minimum setbacks, minimum open space,floor area ratio,and maximum building coverage.Applied together,these regulations establish a building envelope, a maximum development area, and building footprint limitations for development on a parcel. Recently, Todd Howder and Kevin Hawkins contacted staff with concerns about the difference between the building coverage maximum and the floor area ratio (FAR) maximum within the CH (Heavy Commercial), IL (Light Industrial), and IG (General Industrial) zoning districts. Those differences came to light as they were working on designs for warehouse buildings on a US 1 CH zoned site. The existing CH, IL, and IG building coverage maximum limits the ground floor coverage for any building to 40% of the total site area while the existing floor area ratio (FAR) maximum allows up to 50%of a site to be covered by a one story building. A single story industrial warehouse building covering up to 50%of the site area could be developed in a manner that meets all development criteria(such as setbacks,open space,landscaping,stormwater management,FAR, parking) except for the current 40% building coverage maximum. In February, Mr. Howder, on behalf of Mr. Hawkins, filed a land development regulation (LDR) amendment proposing to increase the maximum building coverage for single-story structures within the CH zoning district from 40%to 50%(see attachment 1). Based on conversations with staff,the IL and IG zoning districts have been included in the request. In response to that request, staff has drafted a proposed ordinance to change maximum building coverage requirements for single-story warehouse and industrial buildings in the CH, IL, and IG districts. The applicant supports the proposed ordinance. 130 F:\Community Development\CurDev\BCC\2015 BCC\911 ch,il,ig bldg coverage.rtf 1 PZC ACTION At its April 23, 2015 meeting, the PZC conducted a public hearing and considered the proposed ordinance. The PZC voted 7-0 to recommend that the BCC adopt the proposed ordinance (see attachment#2). The BCC is now to conduct a public hearing,consider the proposed ordinance,and approve,approve with modifications, or deny the proposed ordinance. ANALYSIS The County's LDRs establish size and dimensional criteria for each zoning district. Those criteria include items such as lot size, lot width, setbacks (front, rear, and side), minimum open space, maximum building height,maximum building coverage,and Floor Area Ratio(FAR). The criteria are applied to development proposals for uses allowed within a given zoning district and combine to shape the physical design and extent of development on a project site. The county's existing maximum building coverage requirements have been in place for many years and apply to the ground floor footprint of a building(area within the building walls)on a site,while the floor area ratio (FAR) limits the cumulative floor area within a building (all stories added together)that can be placed on a site. Thus,the two criteria control the building area on a site with maximum ground floor building footprint area controlled by building coverage and total combined floor area for single and multi-story buildings controlled by the FAR. The building coverage and FAR limitations are in place to prevent excessive building mass in relation to site size while accommodating a reasonable degree of development. With respect to the County's regulations,the maximum building coverage requirement,rather than setback or open space requirements,is a limiting factor on maximum potential ground floor building footprint size.The existing CH regulations illustrate that point. With the CH district's existing 40% maximum building coverage limitation, a 10,000 sq. ft. lot (the smallest lot size allowed in CH) allows for a 4,000 sq. ft. single story building. Given CH setbacks and open space requirements,a 10,000 sq.ft.(100' x 100')lot could accommodate a 5,200 sq. ft.one story building if the maximum building coverage did not apply. Other development requirements, such as parking and drainage standards, can further limit the extent of building area on a site. Under the County's LDRs, maximum building coverage requirements vary by zoning district. Generally,the existing requirements set up a progression of increasing building coverage maximums from the agricultural districts through the industrial districts, with the lowest building coverage maximum being 10%in agricultural districts and the highest being 40%in the heavy commercial and industrial districts. Those higher intensity districts also have the lowest open space requirement, 20%for CH and 15% for IL and IG. The CH, IL, and IG zoning districts are the most intense non- residential districts in terms of the extent of maximum building coverage allowed and the amount of minimum open space required. The FAR dimensional criteria were added to the County's comprehensive plan and to the LDRs several years ago and vary by use between.23 for retail uses(which require a substantial percentage of site area for parking), .35 for office uses, and .50 for industrial, storage, wholesale, and heavy 131 F:\Community Development\CurDev\BCC\2015 BCC\911 ch,il,ig bldg coverage.rtf 2 repair type uses which have a small percentage of site area needed for parking. The County's FAR limits are much lower than FARs in metropolitan areas where building height restrictions are looser and FARs may exceed 20, allowing for skyscrapers. For example, in the Miami central business district, the FAR is unlimited. In the case of the County's existing LDRs, for single story buildings in CH, IL, and IG there is a differential between the building coverage maximum (40%) and the FAR of .50 for industrial, storage,and warehouse buildings. For a single story building,that differential is essentially 10%of the total site area. Under the existing 40% building coverage maximum, a 2"d floor building component would be necessary to achieve the maximum .50 FAR. The applicant's request is to make the building coverage and floor area ratio consistent so the FAR can be maximized for single story warehouse and industrial buildings. In addition to the dimensional criteria, other development criteria usually combine to limit a site's maximum building size for a single story building. Those criteria include the amount of required parking, minimum open space, area needed for drainage, and special buffers if such sites abut residential property. Taking into account that combination of factors, certain low parking demand heavy commercial and industrial buildings such as warehouse/industrial buildings,which are located away from residential areas (no special buffer requirements), would be able to exceed the current 40%maximum building coverage if the building coverage limitation was increased to match the.50 FAR, as requested. As structured, the proposed amendment does not affect the amount of required green open space, landscaping, or buffering on a warehouse or industrial site/lot but will allow an increased ground floor building footprint for a single story warehouse/industrial building if all other LDR criteria (parking, drainage, setbacks, landscaping/buffering) are met. Meeting those criteria and taking advantage of the proposed building coverage increase will be possible based on project design, especially on lots within industrial subdivisions where stormwater management facilities are located on common tracts rather than on individual lots. In addition, the LDR amendment will allow the same amount of floor area to be built at the ground level as currently allowed by a building with a 2"d story component, which can be less efficient, especially for most warehousing and industrial facilities. CONCLUSION: If adopted, the proposed change will accommodate more single-story warehouse and industrial building area on properties zoned for the highest intensity non-residential use(CH,IL,IG)on sites separated from residential areas, and will eliminate the existing code's"incentive" for multi-story components of warehouse/industrial buildings on such sites. In staffs opinion,the increased ground floor building area will allow for greater and more efficient use of appropriate heavy commercial and industrial sites while meeting all other development standards including setbacks, open space, landscaping,stormwater management,and parking requirements. Allowing greater design flexibility and use of such sites will accommodate economic development and allow more efficient use of the County's existing CH,IL, and IG zoned properties for single story warehouse/industrial buildings. 132 F:\Community Development\CurDev\BCC\2015 BCC\911 ch,il,ig bldg coverage.rtf 3 RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed ordinance. ATTACHMENT: 1. LDR Amendment Application 2. Approved April 23, 2015 PZC Minutes 3. LDR Amendment Ordinance APPROVED AGENDA ITEM: Indian River Co, Approved Date Admin. Si2.B//� FOR: June 2 2015 Legal 1i-6 g 5?(-11r BY: .a • Budget Aim Dept. Risk Mgr. 133 F:\Community Development\CurDev\BCC\2015 BCC\911 ch,il,ig bldg coverage.rtf 4 el 1'1 e:� a � LAND DEVELOPMENT REGULATION (LDR)AMENDMENT APPLICATION ASSIGNED FILE NUMBER: LDRA- 15 - 05-C / 1-- "`5 -,i.:.....:\ 0240///006( - 1LIZ )- ) �,... `i' APPLICANT: (PLEASE PRINT) AGENT: (PLEAS E PRINT) �' fzc�- Mr.Kevin Hawkins N/Ar.N ' NAME NAME .sa ,;: r N/A MBV Engineering,Inc. '�`:?>./: • COMPANY NAME COMPANY NAME ..1:,:: t�` � " 1517 20th Street,Suite 3 1835 20th Street ADDRESS ADDRESS Vero Beach, FL 32960 Vero Beach,FL 32960 CITY, STATE, & ZIP CITY, STATE, & ZIP 772-501-3296 772-569-0035 PHONE PHONE tonyahawkins2comcast.net toddh aAmbveng.com EMAIL ADDRESS EMAIL ADDRESS Mr. Kevin Hawkins N/A CONTACT PERSON : TACT PERSON AAPAOP/ S GNATURE, OF APPLICANT OR AGENT I. (PROJECT/REQUEST DESCRIPTION) CHAPTER(s)/SECTION(s) OF LAND DEVELOPMENT REGULATIONS PROPOSED FOR AMENDMENT: Section 911.10(7)—Max. coverage percentage for buildings in CH zoning districts. UPDMT1D BY MUCH 2L Xi5 leffer� .Ai+A ico IL PURPOSE OF REQUEST: (attached additional sheets if necessary) The parcels in questions,33-39-13-00000-1000-00029.0& 15.0 are located between US Hwy. 1 and the FEC railroad, north of 4th Street. The parcels are zoned CH, Heavy Commercial and located within the US1 Corridor. The parcels are very narrow in this location, providing for constrained development. In addition, and most importantly, the allowable FAR for the parcel is 50% and the allowable maximum building coverage is only 40%.We are requesting_that the max. building coverage 1801 27th Street, Vero Beach FL 32960 M:\DRAWINGS\2015115-146 US 1 and 4th Street Mini Storage\5-Permits and Approvals\Indian River County\Project Apps11.DR Amendment App.doc Revised January 2011 Page 1 of 2 134 ATTACHMENT I co,-;„ h1 building coverage be increased to 50% for these parcels based on the above. Furthermore, the building increase to 50% is consistent with the floor area ratios limited to certain uses, such as manufacturing,warehouse/distribution, and min-warehouse single buildings. III. JUSTIFICATION FOR REQUEST: (attach additional sheets if necessary) The subject parcels are located between the FEC railroad & US 1 and is very narrow. The CH zoning allows for building FARs to be 50% of the site. However, the maximum building coverage is not consistent and only allows for 40%. The approval of the maximum building coverage to equal the FAR of 50% will allow for single-story construction on the parcel and avoid a two-story building in this area.As stated above,the 50% is consistent with the FAR for CH zonings. The applicant is encouraged to seek a pre-application conference with the Community Development Department staff in order to resolve or avoid problems related with the LDR text amendment proposal. IV. A check or money order made payable to Indian River County or cash in the amount of$1,500.00, must accompany this application. 1801 27th Street, Vero Beach FL 32960 M:\DRAWINGS\2015115-146 US I and 4th Street Mini Storage\5-Permits and ApprovalsUndian River County'Project Apps1LDR Amendment App.doc Revised January 2011 Page 2 of 2 135 ATTACHMENT 1 BV /fSU cy b 11 411? 25 ENGINEERING, INC. MOIA BOWL EC VILLAMIZAR&ASSOCIATES E., COMA a www.mbveng.com G#3728 � � � �Y March 24, 2015 Mr. John McCoy,AICP Via Hand Delivery Indian River County Planning Department 1801 27th Street Vero Beach,FL 32960 Subject: Land Development Regulation Amendment Application LDRA-1 5-05-01 /2001110066-74280 Indian River County, Florida Engineer's Project Number: 15-146 Dear Mr. McCoy: Please find below our responses in accordance with your comment letter dated March 12, 2015 (copy attached). The following are our responses. 1. The proposed LDR amendment should apply to other sites within the county with the zoning designations of either Commercial Heavy (CH) or any of the Industrial classifications. These zoning districts are designated as such to provide for areas of manufacturing, warehousing, self-storage, distribution, which are all elements within the IRC Comprehensive Plan. These use types require larger impervious footprints more in line with the allowable 50% FAR for these zoning districts. In addition, increasing the building coverage for these districts from the present threshold of 40% to 50% allows for the sites to be congruent with the FAR and encourage single-story development as opposed to vertical stacking. 2. Should the LDR amendment be approved, it is our recommendation that the modification of the allowable building coverage from 40% to 50% be isolated to the manufacturing, warehousing, self-storage and distribution use types. These use types normally require larger building footprints and a 50% maximum building coverage will allow for more opportunity to provide a single-story design for the sites. 3. As discussed above, we recommend that the increase in the max allowable building coverage from 40% to 50% also apply to the Industrial zoning districts. These districts allow for more intensive uses within the county for manufacturing and other industrial activities, and also have an allowable FAR of 50%. 1835 20th Street 1250 W.Eau Gallie B'vd.,Suite L 806 Dela,vare Avenue Vero Beach,IL 32960 Melbourne,FL 39235 Ft.Pierce,FL 34950 772.569.0035 321.253.1510 772.468.9055 Fa;_772.778.3617 Fac 321.253.09 I Fax:772.778.3617 136 ATTACHMENT 1 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached Work Order No. 2 with Atkins, for the lump sum amount of$37,128.00, and authorize the Chairman to execute the same, as presented. ATTACHMENT: Work Order No. 2 - Scope of Services from Atkins, West Regional WWTP 2015/2016 PERMIT RENEWAL APPROVED FOR AGENDA: , , 4 " Indian River Co. Appr.ved Date By: (,,kr k1 , ] An Administration ' It A0/- Josp h A. ::ird, County Administrator LegalA �+ Budget 5 I� For:2ii,-/L,_j �(y/� Utilities I 6 j� Date Utilities-Finance Ch^G 5-1• -15 F:\Utilities\UTILITY-Engineering\WWTF-West Regional\Permit Renewal 2015\Agenda Atkins 5-7-15.docx 106 fiuts a Mr.John McCoy,Chief Current Planning March 24,2015 Page 2 EPN: 15-146 Should you have any questions regarding the above subject,please do not hesitate to contact our office. Sincerely tr Todd Howder Project Manager TJHJjeh cc: Mr.Bill Munn 137 ATTACHMENT 1 Attorney Bill DeBraal, IRC Deputy County Attorney, noted the original developer's agreement called for a turn lane at the light at 37th Street. Mr. Moler explained this had been accommodated at the staff level with a developer's agreement for the cancer center expansion at the signalized intersection at 7th Street and 10th Court Chairman Polackwich closed the public hearing at 7:12 p.m. ON MOTION BY Mr. Brognano, SECONDED BY Mr. Stewart, the members voted unanimously (7-0) to grant major site plan approval for the Health and Wellness Center with the conditions included in staffs report. Public Hearing Chairman Polackwich read the following into the record: A. Consideration of Proposed Amendments to the CH, IL, and IG Maximum Building Coverage Regulations Chapter 911 [2001110066-74280 / LDRA-15-05-01] [Legislative] Mr. John McCoy, IRC Chief of Current Development, reviewed the information contained in his memorandum dated April 13, 2015 and gave a PowerPoint presentation, copies of which are on file in the Commission Office. Chairman Polackwich said he understood the building coverage was 40% and Floor Area Ratio (FAR) was 50%, and as he understood FAR it tended to involve either multi-storey or multi-buildings on a single lot, and it struck him that the building coverage was more directly applicable to single-storey buildings than was the FAR. He understood the need for some type of change for the sake of consistency but did not understand why the 40% had been changed to 50%, as opposed to saying with respect to single-family buildings the building coverage ratio, or 40%, would be applicable. Mr. McCoy clarified the proposed change was for Heavy Commercial and Industrial zoning districts which specifically allowed the types of uses that may benefit, such as warehouses, self-service storage and manufacturing, and once you got to the 40% of site coverage you could achieve the FAR by building a second storey; however that was not efficient for those types of uses. Discussion followed. PZC/Approved 3 April 23, 2015 138 ATTACHMENT 2 Chairman Polackwich opened the public hearing at 7:25 p.m. Mr. Todd Howder, MBV Engineering, Inc. 1835 20th Street, Vero Beach, representing Mr. Kevin Hawkins, asked for the support of the PZC and offered to answer any questions. There were none. Chairman Polackwich closed the public hearing at 7:26 p.m. ON MOTION BY Dr. Day, SECONDED BY Mr. Brognano, the members voted unanimously (7-0) to recommend that the Board of County Commissioners adopt the proposed LDR amendment. Commissioner's Matters There were none. Planninct Matters Mr. Stan Boling, IRC Planning Director, advised there were a number of applications that could be coming to the PZC next month and recommended the members keep the dates of both of the meetings scheduled for May 14 and 28, 2015 on their calendars. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 7:27 p.m. Chairman Alan Polackwich Date Reta Smith, Recording Secretary Date PZC/Approved miaow 2 April 23, 2015 139 ORDINANCE 2015- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING; BY AMENDING SECTION 911.10, COMMERCIAL DISTRICTS SUB SECTION (7) SIZE AND DIMENSION CRITERIA; BY AMENDING SECTION 911.11, INDUSTRIAL DISTRICTS SUB SECTION (8) SIZE AND DIMENSION CRITERIA; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING, BE AMENDED AS FOLLOWS: SECTION#1: Amend LDR Section 911.10(7), Size and dimension criteria, as follows: (7) Size and dimension criteria: PRO OCR MED CN { CL CG r CH Min. Lot Size sq. ft. 10,000 10,000 20,000 !20,000 10,000 10,000 10,000, Min. Lot Width ft. i 100 100 100 100 100 100 I 100 Min. Yards ft. Front 25 25 25 25 F 25 25 25 Rear 25 20 J 20 20 10 10 1 10 Side 20 f 20 20 i 20 10 1 10 J 10 Max. Building Coverage % T 35 40 40 40 40 40 7 40/50* Min. Open Space % 35 35 1 30 J 30 25 25 f 20 Max. Building Height ft. 35 35 35 35 35 35 T 35 Residential District Regulations RM-6 RM-6 RM-8 RM-8 RM-8 ! RM-8 RM-8 Hotel and motel minimum square feet of - 1200 1200 - 1200 1200 - land area per unit Notes: Yards - Front Yards abutting S.R. 60 shall be seventy-five (75) feet; Rear Yards (CH only) 0 if abutting FEC Railroad; Side Yards (CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved access easement 0 if abutting FEC Railroad (CH only). Height- See section 911.15 for exceptions. Maximum FAR(Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR *Maximum building coverage for a single story warehouse or industrial building is 50%. Bold Underline: Additions to Ordinance 1 Strike-through: Deleted Text from Existing Ordinance 140 F:\Community Development\CurDev\Ordinances\20150rdinances\20 �911.10(7)21!.11(8bldgcov.doc ORDINANCE 2015- SECTION #2: Amend LDR Section 911.11(8), Size and dimension criteria, as follows: (8) Size and dimension criteria: Regulation Unit of Measure IL IG Minimum Lot Size sq. ft. 15,000 15,000 Minimum Lot Width i ft. I 100 T 100 Minimum Yard ft. T Front _T v 25 25 Side* 10 10 Rear* I 20/0 20/0 Maximum Bldg. Coverage T percent 40/50* 40/50* Minimum Open Space T percent J 15 15 Maximum Building Ht. ft. I 35 35 *No rear yard or side yard required where the rear property line or side property line abuts a FEC Railroad. Maximum FAR(Floor Area Ratio): • Retail trade 0.23 FAR • Office,business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities,heavy repair 0.50 FAR *Maximum building coverage for a single story warehouse or industrial building is 50%. SECTION#3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION#4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION#5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Bold Underline: Additions to Ordinance 2 Strike-thceaglr Deleted Text from Existing Ordinance �[�Miler 141 F:\Community Development\CurDev\Ordinances\20150rdinances 01\;i�f �Al/911(8)3xbldgcov.doc WORK ORDER NUMBER 2 West Regional WWTP 2015/2016 PERMIT RENEWAL This Work Order Number is entered into as of this—day of , 201_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the"Agreement"); by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Atkins North America, 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 fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and 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: BOARD OF COUNTY COMMISSIONERS Atkins North America, Inc. OF INDIAN RIVER COUNTY By: By: — Wesley S. Davis, Chairman Title: Raj Singh, P.E.,AVP BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk �rr r, Approved: (�) .1 V- 6c,...„),-; Joseph .Baird,County Administrator Approved as to form and legal sufficiency: _, Dylan T.Reingold,County Attorney 107 Exhibit A Continuing Contract Agreement Work Order No. 2 Scope of Work Indian River County Utility Services West Regional WWTP 2015/2016 PERMIT RENEWAL The current Indian River County IRCUD/West Regional WWTF Wastewater Facility - Permit No. FL0041637 will be expiring on April 11, 2016. The renewal application will be due on or before October 11, 2015. Failure to submit the application 180 days prior to the expiration date of the referenced permit will result in enforcement action. Atkins has contacted FDEP regarding the renewal of permit for the referenced facility and they have indicated that the following forms and/or information will be required: 1. FDEP Form 1 2. FDEP Form 2A 3. O&M Performance Report 4. Process Flow Diagram 5. Site Plan 6. Location Map 7. Binding Agreements and Documentation of Controls on Individual Users of Reclaimed Water 8. Reclaimed Water or Effluent Analysis Report 9. Since the current flows to the WWTP are below 50% of the design capacity, according to rule 62-600.405(4)(C) a capacity analysis report is in not required, however based on discussion with FDEP, they would require a certified statement to this effect. ATKINS will address this either in the signed and sealed cover letter or in the O&M performance report. Based on the above ATKINS has prepared the following scope. Details of the data requirements are attached in Attachment A. Task 1 Project Kick off and Data Collection Task 1 requires gathering the data and updating Form 1, Form 2A and the permitting package. PBSJ will work directly with IRC and WRWTF staff to obtain the required data and complete the required forms and reports. A Project Kickoff meeting must be held with the Staff and will be combined with the O&M performance report inspection. Task 2 Permitting Forms Task 2 requires gathering the data and updating Form 1 and Form 2A as submitted for the previous permit renewal. IRC will be required to complete or provide the following: 1. Section 3. A. Discharges to Surface Water, Items 12, 13, and 14. A detailed explanation of the required information is attached in Attachment A. 2. Section 5. Industrial Pretreatment for each SIU or significant industrial users. 108 3. The Annual Average Daily Flow and the Maximum Daily Flows for calendar years 2012, 2013, 2014 and 2015 (thru Latest data available prior to submitting). Required for Form 2A. 4. A summary of the annual effluent toxicity test results 5. A Copy of the most recent Annual Wetlands System Treatment Compliance and Performance Report. 6. The most recent Annual Reclaimed Water or Effluent Analysis Report. 7. A map of the monitoring well locations with GPS coordinates. 8. Copies of any orders or notices issued by FDEP. 9. Copies of the Annual Flow meter Certifications for every flow meter 10. Digital copies of binding agreements with major reclaimed water users Details of the required information are attached in Attachment A Task 3 O&M Performance Report The O&M Performance report requires an inspection of the facility in the company of the chief operator and an evaluation of the performance of the treatment plant. The inspection will be combined with the project kick off meeting. Data required include the following: 1. A Digital Summary of 24 months of flow and all influent and effluent data covering the period from July 1, 2011 through July 30, 2012. (A digital summary of the data) 2. A Digital Summary of the Quarterly Groundwater Monitoring Data (3rd and 4m Quarter 2014, 1st and 2nd Quarter 2015) for all of the groundwater monitoring wells. 3. The Operating Protocol for the Facility ATKINS will develop the required report and submit a draft for review prior to final submittal. The owner and the chief operator will be required to sign the final document prior to submission to FDEP. Task 4 Response to Request for Additional Information Although every effort will be made to submit a complete permitting package, this is an NPDES permit and request for additional information from FDEP in response to EPA overview can be expected. Should additional time and effort in excess of this fee be required, Atkins will advise IRC prior to proceeding. Submittals Atkins will provide digital copies of each form or report for review and comment prior to assembly of the final permitting package. The final permitting package will be assembled in a single bound document for signature and submittal to FDEP. The submittal package will include the following: 1. Three copies for signature and submittal along with the permit fee of $5,000 provided by IRC. The check for the permit fee should be made out to the Florida Department of Environmental Regulation for renewal of IRC West WRF Plant Operating Permit# FL0041637. 109 2. Two copies of the final package for distribution to the treatment plant and the IRC files. 3. A CD containing the electronic files for the submittal. Compensation The total Lump Sum cost for the Scope of Work presented above is $37,128. Schedule For this project, ATKINS estimates that if the required data and the reviews of the draft submittals can be provided in a timely manner the final permitting package can be completed and ready for submittal within 180 days or by the due date of October 11, 2015. However, if for any reason there are delays, Form 1 and the permit fee may be submitted to extend the submittal deadline. Attachment: Data Request Attachment A 110 Data/Information Requirements 1. A summary of the annual effluent toxicity test results (Form 2a) 2. Copy of the most recent Annual Wetlands System Treatment Compliance and Performance Report (Form 2a) 3. The most recent Annual Reclaimed Water or Effluent Analysis Report (Form 2a) 4. A Digital Summary of 24 months of flow and all influent and effluent data covering the period from July 1, 2013 through July 30, 2015. (a digital summary of the data — not the DMRs or spreadsheets as summary) (OMPR) 5. The Annual Average Daily Flow and the Maximum Daily Flows for calendar years 2012, 2012, 2014and 2015 (thru July 2009). (Form 2a) 6. A Digital Summary of the Quarterly Groundwater Monitoring Data (3rd and 4th Quarter 2014, 1st and 2nd Quarter 2015) for all of the groundwater monitoring wells. (OMPR) Also need a map of the monitoring well locations with GPS coordinates. (Form 2a) 7. Copies of any orders or notices issued by FDEP. (Form 2a) 8. The current Operating Protocol and the dates of any updates provided to FDEP. (OMPR) 9. Copies of the Annual Flow meter Certifications for every flow meter(Form 2a) FLW-1 Raw Influent Flow Monitor/Totalizer/Recorder FLW-2 CCC Effluent Flow Monitor/Totalizer/Recorder FLW-3 South Plant Effluent to Wetlands Flow Monitor/Totalizer/Recorder FLW-4 West Plant Effluent to Wetlands Flow Monitor/Totalizer/Recorder FLW-5 Wetlands Discharge Flow Monitor/Totalizer/Recorder FLW-6 West Plant Effluent to Reuse Flow Monitor/Totalizer/Recorder INF-1 Raw Influent Sample Point 10. Complete Industrial User Section 5 of Form 2a one for each SIU — (significant industrial user See attached) (Form 2a) 11. Fill in the blanks Section 3 Form 2a, Items 12, 13, and 14(See Attached) The way this is supposed to work is that the wetlands effluent is sampled annually in each of 3 years prior to the expiration date of the permit. If this has not been done—need to start today and sample monthly for 3 consecutive months May, June, and july 2015. (Form 2a) 12. Annual Reuse Report(Form 2a) 13. Digital copies of binding agreements with major reclaimed water users— Update the table below (Form 2a) 111 ORDINANCE 2015- SECTION#6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press-Journal on the 18th day of May, 2015, for a public hearing to be held on the 2nd day of June, 2015, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2015. BY: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED S : a 'el AND LEGAL SUFFICIENCY A tan Reingold, County Attorney 1 '? APPROVED AS TO PLANNING MATTERS Stan Boling, AI , Community Development Director Bold Underline: Additions to Ordinance ATTACHMENT 3 3 Strike-through: Deleted Text from Existing Ordinance 142 F:\Community Development\CurDev\Ordinances\2015Ordinances\2015- 911.10(7)911.11(8)maxbldgcov.doc 10.A . 1 . Proposed LDR Amendment to Sections 911 .07(7) and 911 .08(7) CH, IL, and 1G Maximum Building Coverage Board of County Commissioners June 2, 2015 • Request by MBV for developer of warehouse/industrial buildings • Will make building coverage and Floor Area Ratio (FAR) consistent in the CH, IL, & IG districts for single- story warehouse/industrial bldgs. • Staff supports proposed change 2 144D-A-1 Existing CH, IL, and IG building coverage maximums limit ground floor coverage to 40% of total site while existing floor area ratio (FAR) maximum allows up to .50 or 50% • FAR and building coverage purpose: appropriate building mass/scale and reasonable use • FAR in LDRs and Comp Plan • FAR is a Ratio 3 Proposed Ordinance • Allows 50% building coverage provided all other LDR criteria (open space, parking, stormwater) can be met. • Limited to one story warehouse and industrial buildings. 4 H3.-- f\-2 Effect of Change Potentially benefitting projects: • Certain industrial/warehouse uses with low parking demand • Sites located away from residential, requiring no special buffers • Sites/industrial subdivisions with centralized drainage design or lower volume design 5 PZC Action The Planning and Zoning Commission voted 7-0 to recommend BCC approval. 6 iLI.. 1\_ 3 Staff Recommendation That the BCC adopt the proposed ordinance Floor Area Ratio(FAR):The floor area ratio(FAR)is the principal bulk regulation controlling the size of buildings.FAR is the ratio of total building floor area in relation to the area of its zoning lot.Each zoning district has an FAR control which,when multiplied by the lot area of the zoning lot,produces the maximum amount of floor area allowable in a building on the zoning lot. For example,on a 10,000 square-foot lot in a zoning district with a maximum FAR of 1.0,the floor arca of a building cannot exceed 10,000 square feet. i' ,� iiiiiiii ~ � 111\,� tom, FAR=1.0 FAR5B1.0 FAR•IA 10,000 sq.ft.building 10,000 sq.ft.building 10,000 sq.ft.building covering 100%of lot covsrin©60%of lot covering 25%of lot City of Austin 8 i ' i.A- 4 , TREASURE COAST , NEWSPAPERS I b• A . 1 • TCP Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 Treasure Coast Newspapers AFFIDAVIT OF PUBLICATION , STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline PO # INDIAN RIVER CO PLANNING 2692694 5/18/2015 NOTICE MEETING 6/2/2015 NEWSPAPER E-Sheet® LEGAL NOTICE • ATTACHED ********************* . DO NOT [ SEPARATE PAGES Sworn td subscribed before e this day of, May 18, 2015, by :-- A/Up\j _ 7 ., , who is Sherri Cipriani k • [X] personally known to me or [ ] who has produced as identification. --dLtdi 4 (--;-&C,/,-/— Sandra Coldren Notary Public ,44',.,,!,,y'•, SANDRA COLDREN ,;� �s. :: MY COMMISSION#FF 004035 a'•. �� EXPIRES:April 1,2017 %r'.......... Bonded Thru Notary Public Underwriters TC O SCRIPPS TREASURE COAST NEWSPAPERS N MONDAY.MAY 18.2015 M 3C NON SEQUITUR • 'a \ �'-NOTICE NOTICE NOTICE OF ACTION NOTICE OF ACTION NOTICE OF ACTON • 14TE ME.,IT'STUL SAME COCOHUTT BB , ,� �+ mbar J1,Z016, x33&133]. March,9,2015,In mediately upon re McLellan •e . : %I.• DaviE Gunter the above-styled c 9 his nolfica Deputy Gan • VFh'TOH AP A.N BEFORE DAY BEFCAtG.TW.Tr SMnbry Treasurer ANYONE WHO a The Clan sell ion of tree time be-/85130809 N05 (a ANDTTE PP( 'MAT,AND...J ' pub.May 18,25 June NEEDS A SPECIAL sell to the highest fora the scheduled Requeal•for Ascom Q. S 1Z 301 TCN26M63]FON THIS MEETNO end best bidder for appearance Is less m datons by Per- i,fv MUST CONTACT cash x 10.0D am.a 0lo `n`ave"01 hxnng OCT..tieswith.If You ere ab"r Ey �' NOTICE TCN2688 you an per. Q 0. ,,J�_,L.�!/lw�� HFANNG THE AMERICANS WITH w efor•close.com]11. impaired.call who needs any so LL`'/^ "��INNDISABILITIES ACT the 27th dry of Puss May 11,18 2015 ammodetion A or - GI IS HEREBY (ADA)22,1223 A-IOW1 g2015 the led TLRCI T der to.p.20109.le IO GIVEN shat the TOP AT 2261223 AT lowing eerarib•d-IC UR OP THE '.semi".,I TOO • Board of County C I Comm RIO.,C n of ADVANCE OF THE lot 35.S'ebwlan RN- ICIRCUIT col o you,m the :'1"':��Stix DOMESTIC Florida anall reel:a MEETING. r Candi , toe JUDICIAL CIRCUIT IN DroriliOn of cans. C A� I/F '-�': TRAVELTITAILERS AUTOMOBILES wublic hearing at On•,according 0 AND FOR INDIAN ••a t•C01h PleaNACIN se CItl LU Q �ei{''�I .01WC-•03. h"ch parties in in- iNDMN'MS the map as plat RWER COUNTY, _ RV LOTS 21'7.7.7.'1,g'.".=..COVNIY Hanot a•ncmeea FIONDA Ceunilo Club Drive e) Mit'll 0On0lin 2232iigp51i6 OS ROMo OF in%at Book 1],P.O. USE N0.Country ay t! M b7.hei,WS, COUNTY 78,d the Public Re- 31.2015-..co 211 Suib 31),Por,St. ISWOO 12 2202 W Iy COMNLSSIONERS real of Indian RNA Lads,FL 31906,T2. Q. = - /�/• AS-33}5062 As County bens o- gY+WWN County,FL GREEN TREE SERUM.BO7-1370 as I. ] EB 10366Y6 theCounty ,Adminie-i OE 0421,16 TOt 2n TNG LLC a.y before your �9 U R: -�.y......4- /�' IMPORT Intron Bulldinp lo-Pub:M•Y 1B,3016 ANY P E fl S 0 N%•inSR, Y AUTOMOBILES `ted•t 1801 2,N TCN26936M CLAIMING AN IN-v, paamce,n dF C J ` � - RECREATIONAL ISSAX Versa.13 Street,Vero Beach, TEREST IN THE SUR-CHRISTINA R.FLETT, ON),u tin...ion Me SALE,VEHICLES P�7 prtve 26,910 ml Florida,on Tuesday, PLUS FROM THE A/K/A CHRISTINA R.COy - P4.cruise June it 3015•t 0:00 SALE,IF ANY,0TH- INSUA ET AL lima°°lore the _ l5'„7.?-'10403 74 T,2=-,'..IMS fa996,m. o naitler ER THAN THE PROP-p2lwaaMa scheduled app.a2- O kryA�y -�- w - d D�bn110 It= `tlpiion of•n ordl-NOTICE ERtt OWNED M OF ante lent than l 0 NMiiw�Mwt�wE.x w v nlww xT ue .dJ on.0 silt oub. WEB nonce::entNed: Effective June 1,THE DATE OF THE NOTICE OF ACTON PM...w an nwn- a Reduced toe.00`500 2016,Dr.Ruben Cd- US PENDENS MUST TO:EARLE FLETT,Ing or volt.oN L D°o'nxffss'2 AN ORDINANCE OF an will no loot, RLE A CLAIM WITH-A/K/A EARLE G Mired,tx171t „fin, WEB o 2692835 INDIAN RIVER be employed with IN 60 DAYS AFTER RE, P"°May 12.20.2015 CD LL d� HOMES-SALE SPORT Ml1TY COUNTY,FLORIDA,Merlin Medic..THESALE Cu000 re°Wence Un- TCN2692693 N 0 HOMES-SALE HOMESSALE 97•13 AIN lose CONCERNING Group,Patient re- CERTIFICATE known,butivhosa LL man d,mint coed AMENDMENTS TO coda will be mein-OF SERVICE bet known address a: u�igee NI`v/Ierlad 01001001 0000 ITS LAND DEVELOR I�•l it6D SE 5.- NOTICE OF Ele arae Park BORIS 269 MENTI PEGULA- TI04 flood.Ssuart I CERTIFY shat a we 363 N.GROVE ISLE C 0 i � 0 iii,��rr}��,,, rexYn- Rohs 2 9xB102932. zT SFASOMRT Center CHEVROLET TAHOF TONS(Ld151;PRO.R FL 321'1'3:5,1:4 9],0107.on•area correcltoqg Not ce qR UNIT 36/,952'AOIN ORE PATON 7..... N *TI 560-6. WEB ID 269.x2 Cam Ole 4.ale.1i 0 001,504323112 AMENDMENTS TO I])YIlove a]copy of 01 Sale u0O20 F.S.0518tH,FL J3B62 COURT FOR INDIAN (a P lseacn5YW hrs.9aann00 0 552, 267-4IM 1026933x. CHAPTER 011 ZON-your medical record Chapter 45 has bun YOU ARE NOTIFIED RIVER COUNTY, r"- ma lxem CumminVbiM,bow TNG;BY AMENDING transferred N•phy-choice furnished by U.S. net`n action so FLORIDA PROBATE MI < el O / ACREAGE/ Helc IoW well all SECTION 911.10, scan of your choice M•I to Jon and foreclose a mongeg. NAMUR REAL ESTATE RESIDENTIAL-SALE apt stl ores b�minll COMMERCIAL DIS-at no chug.with a Amanda Hannan, n she IONowong File Na HOMES( IH kept w/custom TRICTS SUB SEC- signed whore... 103Stony Point pproperty. Indian 31.2014OP-000SO . Z U Z FDP$ALE•, SEsas,Ax-Vero trailer.Don't miss wow TON til SIZE AND Pub:April 27May 1 Road.Sebaaban,FL Rover County,Florl- "' "-"""W122017ON.,0.LE ke Estates,a0.5 this Ortel 311.000 roRO F10 XL 09 DIMENSION CRITE- 11,18,2015 32960;B Trach Cank-Oa tOwic IN RE:ESTATE Of tJry-•p•vvx,nn, ]Cr th Weil03>63I.O1B5 Undo 1pwn•result RIA;BY AMENDING .Jon.1, Oantl6KCCom-UNIT3n,BUILDING JOHN WILLIAM OPEN HOUSES- O 100. !.5/17 a0y vuMO �ll,l2318;3aMP1910353123.30 r,4 SECTION 811.11,IN-0319,Dr June t, C Y.968K00100 B,GROVEISLEOF BURGESS SVSTR IAL DIS-Phillip* 01111 00(CM1aI01 Heights. Brooklyn REAR BEACH,pyla JOHN W. OUF.Oust&Creat watllo.a ooooronw M90m5 'Cl,400'h;o oOflo,Cl,'sera TON IBI S TRICTS IZE AND pill m will 0000.•nC 127/01/7 end OHO M I SE N I U M.DeceA CON- ased. si) Ingle bmlly 70me Vd 39 RIrpN $89.0 0 513 O�spuneer DIMENSION CRITE-y dic practice with T N 141 Son• ACCORDING TO THE n'yIRnp communi-fW6,WST72,.gx. $89.0 oh m' ' RIA:AND BY PRO- Marton Medical Point Drive,Sebes-DECLARATION OF NOTICE TO 1 Ea ef=:g: 3691717 O m 4 tamed, qay`®`lo lt3S VEHICLES WIINTFD WDING FOR REPEAL Group.Patient re- bre,M r.20 this CONDOMINIUM CREDITORS YlYee iY of ameabei TORT 51,L as2A Fttte, AAA Ap(O a OF CONFLICTING t,oe will 30 6 SW GM of M•rd1,2014 ED IN OF,RECORD.RE.Tth cremate of so of G4 ate rinl.h•I Lod lCl8Y TDtaele P SRITNbawtael[00,i w01 p 12 21.011900 MMat al a PROVISFICATOINN5EVEPAI.Ma"SIT 0209.Bed, SMITH BIGMM CORDS BOOK William.the Burgess.dC- one N beaches1 s GO24 20 posse wa6elONe 2x6 3500 Nwcr eO 0.0,OP leo•,•%=1,1:,•1",,,,R"; BILIT;ANO EFfEG Rim Ciry.FL 31990, BROCK PAGE 711,PUBLIC ceased,whose date shopping. Home In 5Ne Oa• a floc. o credit 0. a CEO,o`depthWE DATE seleDhone D]21 333 RECORDS OF INDI-of death wa•D.O.S. 1E restaurants. Herber.New In Fecks,sm spunEer 3vNf Sx� !'''copy. 965,you mry h.w BY:SAAAHL METZ AN RIVER COUNTY, bei 10,2MJ,b pend- 55xcer"`""'"R pi/r' L. MM IGG2R2wx1.FNr O Ina SFu.p o WEB 1036eW91A kdea77mabp6U TOE OUTLIVE VEHICLE Said ord..ncs,it a c py a veur.072 ESQ FLORIDA,AND AS g t the Circuit00- pool(In A pool 251.6 A 00000 FOR YOUR4V9HICLE crease the maximum fe" °cord a 7.-Ro1me Bx No, AMENDER Court for lntli`n Pm O MORE SOUXO Ueek,stet t aVp11. 690150 ]7x4)15a insvage of your `physician no RMM ANK font been Med against County,Florida, c pgg5ppyp BISON,I.101.4SM CARS US INC.INbuilding g7.0l Your malty at no FRANK 5. and you are r7.-Probate Puriion,Ne 3/2/2 HamMon bl[YauTubee'OUT OF TOWN LOTS- from W%W 50%ta Wrpe with a signed GANL ESO. you 7.a nrve a eae•a of which is CL O 1563 S W Sea9 II Reid.Be.. yoW written O IZ Sz16,000 ueVY 7H1 bur 941 c b^equal he to clurge with wyyy of Florida.Then ea O I Q L01wIea'pricetl Wo ID 35w606 oOCIGGE towable FAP IFloer Pub:May 1,11,10,105% delanw•,11 ant..It and Mclossa of Ns YYmm 1FOY SALE FMa n5 BST01005E Area Ratio'o/pox 25,2015 Pmt Office Bos a n EX L LEGAL, personal repreeenta fT0 e:E.,r ep. In Ins.MAN ATFF r UTWTY TFWLERS for certain facilities TCN2690679 16100 Plaintiff attorney,Ow and the personal L- U O L AC,e S Dir•fL H19�n trpm Do k ll6avzll 3V-SndeaW ISM Y-xp2•with.N2 CN IHuvy I wore.Bea40, hose address representative's as- _ en pdvetep6ack CONDOS/ all alrp54ts. pr1Da ole Nerky Com metciall,IL FLLJhone No, 1242530th Bl net torn,ars set forth N 0 - 0 WOMiY rIPV,Ow'''ref"WATERFROXT-SALE our fro rant.. tem.S'O"min nieces ILight IneuddxL area FL3211e No, NonH,Suits 300,S below Q� 06c1...01.11.1.1" CC61-100-J16 32000 Soxai50-5531 IG IGanersl lndunrl- 3B62S6fi075 Petersburg.FL All creditors of tits A....-1a ERO EA -Tn2 Esteewxn pawl -L07'77.6 YwFe 7.7.. N)zoning al A LL NOTICE OF ACTION Facsimile Nod 33718,on or been dosdent and other Q r^ Q a�4258,f Moo;npWs]%2,Med- ds slartin IN THE COUNTY 38625)-1831 June l),2015 or persons having V/ a S.xontla¢Wb a 3A3-9848 exta3lx=�a9)Pon,.42,02•Cow bxg00sea I"els wile Rol.warehouse In. A Graft pr eine pro- COURT,NINE-PnmaT. (thin thirsty 1301 claims p demands Fr I• Nope;zt9n9 Cr OSR .0o•ed 2 at IV H is TORCO,IN AND 45ev clayY after she first against decedent's molding.r `5335 9n 0 B' '� /` agade at one%•m tlMU10IN ANO 0340 publication of this estate on wham B esu Per w ninO Division office FOR INDIAN RIVER Secondary.sm. N.A.Of Aman,sox copy a this nonce b Ice 01.26.02 6 x.CNa561-I190me located In the tom- CWNTY,'Tag Od 1aW.wm fila ohs ori wIN ryruira1 o ba G0410 near Rea4Y, The#1 wFS ID x692617. 4 5 •atone Pint HOMES-SAIF 4.e-.636 p Mry dovNODmeat LOYDA APL RNEYS FOR he Clerk of this s e mux Ta shell N'`fB 102E9Mll Advertising -1•- division on the On, CASE No.: PWMIFF Count•t P.O.Bos Wm,wren Nil wan opt,LakelrOntUVt, floor of the Cpunry 2014 CC 00106 028,Vero Ba•m,FL ON OR BEFORE THE FORT PIERCE Source For LOOKING Mminisiration Cam- Ii ou ere a person 32961.1028,either LATER 0 F S6°s0r"°4e^^- Recent Home FOR A Iev aaiding•A•-SEBASTIAN RIVER h a NMb111ry who below::rune pre MONTHS AFTER Anyo a who may LANDING,INC.• MA an accammo. Plaintiffs attorney 91 THE TIME OF THE a0p a=z 1 TOWNXDMESSAIF Isle to appeal any non-profit Florida deion In order ro immediately(noses-FIRST PUBLICATION 0) STUART.2O/2.Mo Buyers BARGAIN? decision,whim may oorpoOetxpn, pertloipate In Iles tar;o'nerwoM,a d, OF THIS NOTICE OR STUART. Move- Rion. be made at this Plaintiff, grolMeeng,you are fault will be entered 30 DAYS AFTER THE 3/2rlegacY t bceNM wit° ...tins will Med tow entitled,at no oust to against You for b2 GATE OF SERVILE EC WA*, C •yRa'a 5 ter view.Emer-he[LSYI'e Coast re Nat•verba JON HANNAN,JR.,you,M tM provlaron rlief demanded. OF ACOPY OF nos 34 rel view,0 010 Lakes 0117,900 /wrtain asslx`nc. int compl2inl It vaenocell- WEB 0211930e1r 0002 Classifieds Read proceedings al Mr ETC.ET Al. pail- NOTICE ON THEM In V�a�Ile as I prace•ding 17.pbnGm. Mem canoe Gonia bre All other creditors OI '"Zr lYo9,saaEAL h ode,which in- JDh.on,ADA COon-WITNESS y herd the decedent end R28 WEMD2E891 Treasure y end:w W Ilse Court pier persons b. npNnuom d6ziflea NOTICE eludes testimony NOTICE OF SALE dinette',250 NW nO •0009 "1n00ei0NOTICE and evidence upon UNDER CountryClub Drive, n IM1ia ttb day at claims r d.mands X lie iflm lmM Coast Indian River Farms him the apoe21 a F.S.CHAPTER 45 Suite 31]Pon 5t.Mry.2015 against decoded's T. iSBGaleMeslEe eN " Classified Water Control Drs- based NOTICE IS GIVEN Lucie.FL 34986, a to must film their Isba/3cpV.�5116 W w okeallHlepwRt Hid sell"by eprepug Please direct plan-thet..accordance 17121 50]-13)0 a JaNry0.Smith laims wkh this won CO SW. g 5e1n9 site 40,tl,O sena,050,1 0 ADis rel^0-neared 41:2' h the Summ2rry Iseat]clew Salon C'''' M oI Up Circuit WITHIN MONTHS xnsum n9 Ik OxmlMw f ke arse -r=n5ala.nr 5 EVERY DAY! 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Baird; County Administrator DIVISION HE CONCURRENCE: Vincent Burke, P.E. Director of Utility Services FROM: Arjuna Weragoda, P.E. Capital Projects Manager DATE: May 18, 2015 SUBJECT: Second Public Hearing to receive public comments for the Neighborhood Revitalization (NR) Community Development Block Grant (CDBG) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting on June 2, 2015. INTRODUCTION On December 16, 2014, the Indian River County Board of County Commissioners (BCC) at the 1st Public Hearing, authorized staff to move forward with the application process for a new Community Development Block Grant (CDBG). The proposed application will serve the West Wabasso Sewer Phase II and East Gifford Area Drainage Projects, to be submitted as one application and bring the matter forward at the 2nd Public Hearing. The next Community Development Block Grant (CDBG) application cycle closes June 22, 2015.An official Notice of Funding Availability(NOFA)was released in April 2015.The County and Guardian CRM Inc. (Grant Administrator on the Phase I project) have undertaken all necessary steps to complete the best scoring application possible including conducting a Citizen's Advisory Task Force (CATF) meeting. BACKGROUND The Community Development Block Grant (CDBG) program provides an opportunity for eligible cities and counties to compete for funds to improve local housing, streets, utilities, and public F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-West Wabasso Community Sewer System Phase 2-UCP#4117\Admin\BCC Items\BCC Memo-2nd Public Hearing S-15-15.docx 143 facilities. These funds are available in several categories: Commercial Revitalization, Housing Rehabilitation, and Neighborhood Revitalization. In 2011, Indian River County was awarded a Neighborhood Revitalization Community Development Block Grant. Funds from that grant were used to provide improvements associated with sanitary sewer, flood control, and drainage to the West Wabasso Phase I Community (43 households were connected to centralized sewer). The grant has recently been closed and the County is now eligible to apply for a new CDBG. In order to apply for up to $750,000 in CDBG funds, the Board of County Commissioners must hold a Fair Housing Workshop as well as two separate public hearings. The CATF meeting and First Public Hearing are complete. A Neighborhood Revitalization Category CDBG has been selected based on these meetings and public and staff input.The proposed project includes West Wabasso Sewer Phase II and East Gifford Flood and Drainage project. Both projects are needed in order to score favorably on the application. DESCRIPTION AND CONDITIONS CDBG Program Under the regular CDBG program, the County may only have one funded regular CDBG application open at a time. The NR CDBG for West Wabasso Phase 1 was completed successfully and the grant closed. The County is eligible to reapply. Neighborhood Revitalization purpose: This category is primarily for potable water and sanitary sewer installation or replacement (including hook-ups), street paving, and drainage improvements in low/moderate income neighborhoods. Funds may also be used to purchase and develop property as sites for low/moderate income housing. This is a very competitive grant category. The subject project and the public hearing is a continuation of the work initiated in the West Wabasso Phase 1 project. Also, as part of the West Wabasso Phase II project County intends to improve the drainage in the East Gifford area specifically bounded by 43rd Street to the north, FEC railroad right-of-way to the east, 41St Street to the south and 29th Avenue to the west. CDBG Application Cycle The Neighborhood Revitalization CDBG application is subject to an annual application cycle. The next application deadline is June 22, 2015. Biddable plans and specifications,two public hearings, signed applications, completed resolution for signatures and leverage, income survey and permit applications must all be completed and submitted to the Florida Department of Economic Opportunity (FDEO) by the application due date. F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-West Wabasso Community Sewer System Phase 2-UCP#4117\Admin\BCC Items\BCC Memo-2nd Public Hearing 5-15-15.docx 144 CDBG Application Process The CDBG application process involves various steps, including: • Conducting a Citizen Advisory Task Force (CATF) Meeting to discuss potential project alternatives for the CDBG application. Please note that a CATF meeting was held November 6, 2014. • Holding one Fair Housing Workshop. This was also completed during the CATF meeting. • Advertising for, and holding a first public hearing to obtain public input on the County's economic and community development needs. Please note this was held on December 16, 2014. • Advertising for, and holding a second public hearing to apply for a specific CDBG category. At this time, the Board of County Commissioners is to hold the CDBG NR Second Public Hearing. At the second public hearing, staff will request BOCC approval of the resolution authorizing staff to execute and submit a CDBG application for the Neighborhood Revitalization Category for West Wabasso Sewer Phase II and East Gifford Flood and Drainage projects. In addition to the above meetings staff attended several meetings of the West Wabasso Civic League as recent as May 4, 2015 and a couple of meetings of the Progressive Civic League of Gifford. The Recommended CDBG Project: The West Wabasso Sewer Phase II and the East Gifford Area Drainage Project are to be submitted as one application. The beneficiary score is a major component of the grant application. In order to score high on the subject category the project needs to benefit at least eighty five (85) households. Staff feels that only thirty (30-40) households out of forty five (45) may hook-up to County sewer leaving a deficit of units to meet the target. Therefore, staff combined the proposed sewer project with another potential project to benefit low to moderate income households. A drainage project within the East Gifford Neighborhood. The East Gifford Area Drainage project not only meets the FDEO criteria, but also addresses a need approved as part of the Gifford Neighborhood Plan. Although, the sewer project is proposed to be combined with the drainage project to achieve a favorable score, staff feels that the West Wabasso Phase II sewer project is a justifiable project on many fronts. First the Department of Health has deemed the continued use of these sub- standard Onsite Sewage Treatment Disposal Systems (OSTDS) in the .Wabasso area to pose a health and safety hazard, and negatively impact surface and groundwater which ultimately can impact the Indian River Lagoon. Second the 2030 Comprehensive Plan, Sanitary Sewer Sub- Element POLICY 2.4 states that the "The county shall provide sanitary sewer service to areas where the lack of such service is determined to be a public health threat" and also Part of Objective 2 is to have many residential units connected to a regional sanitary sewer system. F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-West Wabasso Community Sewer System Phase 2-UCP#4117\Admin\BCC Items\BCC Memo-2nd Public Hearing 5-15-15.docx 145 Guardian CRM, Inc., the County's Community Development Block Grant consultant for the West Wabasso Sewer Phase I project, has offered to assist with assembling a new CDBG application. That assistance includes developing the application and guidance to meet all the requirements for scoring competitively. The results of the consultant's analysis was reviewed with the CATF at their meeting held on November 6th, 2014, and a formal recommendation is being submitted to the BCC as part of the second public hearing for approving grant application, as well as leverage needed for scoring purposes and affirming that the project is consistent with the local comprehensive plan. Funding Consideration If the Neighborhood Revitalization (NR) CDBG project is given consideration by the Board, some preliminary estimates of the costs associated with the project should be evaluated. The costs presented are estimates only for the purposes of grant application. The engineer's opinion of probable cost for the West Wabasso Phase II sewer project is approximately $1,026,426.00. The CDBG grant monies, if successful, shall cover $720,000.00 for capital improvements. The deficit of$ 306,426 will require other sources of funding. Local funds will also be used for the administration cost of the CDBG grant. The engineer's opinion of probable cost for the East Gifford drainage project is estimated at $170,000. The CDBG funds to be used is$30,000.Therefore,a $140,000 delta exists which would require another funding source from either the County's general storm water improvement fund or the Optional Sales Tax fund. The following table outlines the project cost and funding sources: PROJECT PROJECT CDBG OTHER COMMENTS NAME/ACTIVITY COST FUNDING FUNDING SOURCE West Wabasso $1,026,426.00 $ 720,000.00 $306,426.00 The deficit will be funded Sewer Phase II through Optional Sales Tax. East Gifford $ 170,000.00 $ 30,000.00 $140,000.00 Deficit to be funded via Drainage Project available MSBU funds in the amount of$19,000 & the reminder to be funded through Optional Sales Tax. CDBG Grant $ 50,000.00 $ 0.00 $50,000.00 Funded through Utilities Administration Impact Fees. TOTAL = $1,246,426.00 $ 750,000.00 $496,426.00 F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-West Wabasso Community Sewer System Phase 2-UCP#4117\Admin\BCC Items\BCC Memo-2nd Public Hearing 5-15-15.docx 146 The State Housing Initiative Partnership Program (SHIP) provides assistance to Very Low, and Low Income owner occupied households. The SHIP assistance pays for sewer impact fees, connecting the home to the centralized line, and abandoning of the existing septic tank. Currently the program has set aside up to $125,000.00 for very low and low income owner occupied households as part of the West Wabasso Phase II sewer project. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the Chairman: • Open the FFY2014-15 CDBG Second Public Hearing and obtain public input regarding the county's proposed NR CDBG application; and • Recommend the adoption of Resolution No. 2015- ;and • Authorize the Chairman to sign Page 33 of the draft DEO Florida Small Cities Community Development Block Grant (CDBG) Application for Funding; and • Recommend the approval of other funding sources to cover the deficit contingent upon successful grant award ATTACHMENTS Resolution No. 2015- A draft copy of the CDBG Application for Funding. A copy of the Department of Health letter dated May 13, 2015. APPROVED FOR AGENDA: BY: ► C C • Jos etBard County Administrator Indian River Co. Approved Date Administration �:�► S .e/tS' Legal �1 FOR: 0,2D/,? Budget 7 Date Utilities �ct Utilities-Finance 5--01-1 Chc, Community i�• 672i/I5 Development F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-West Wabasso Community Sewer System Phase 2-UCP#4117\Admin\BCC Items\BCC Memo-2nd Public Hearing 5-1S-15.docx 147 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY DECLARING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO BE A WORKABLE PROGRAM FOR PROVIDING IMPROVEMENTS FOR LOW-TO-MODERATE INCOME HOUSEHOLDS; AUTHORIZING THE FILING OF AN APPLICATION, AND ALL NECESSARY APPLICATION MATERIALS, TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR APPROVAL OF THE INDIAN RIVER COUNTY CDBG; AUTHORIZING LOCAL REVENUES AS CDBG LEVERAGE; FINDING THE CDBG APPLICATION CONSISTENT WITH THE COMPREHENSIVE PLAN, WHICH SHALL SERVE AS THE CDBG DEVELOPMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County is experiencing a need for physical improvements to benefit low-to-moderate income households; and WHEREAS, the Community Development Block Grant program is a program that can be utilized to provide needed physical improvements to benefit low-to-moderate income households; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA, THAT: Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Board of County Commissioners of Indian River County (the"Board"). Section 2. The Community Development Block Grant (the "CDBG") program is declared to be a workable program for providing needed physical improvements to benefit low- to-moderate income households indicated in the proposed Fiscal Funding Year (FFY) 2014 CDBG application. Section 3. The Board directs the Chairman, or Utilities Director in the Chairman's absence, to sign all necessary certifications of the CDBG application, submit the FFY 2014 CDBG application to the Florida Department of Economic Opportunity (FDEO) for state approval, and submit any additional information in a timely manner as may be required by the FDEO application, award agreement or other State or Federal request related to the CDBG application and award agreement. F:IUnlines(7!LIfl-F.nginerring J'jeers-('iiNn('nnnrucriun Pennin'JR('-(fest!.bmc('ommumq Ower 51•etenr!'hnsr 2-(ICPa J/17,ahnin.?nAPubli<Neari.g CDBG 2015 Rewlnrion.d«- Page 1 of 2 148 RESOLUTION NO. 2015- Section 4. The Board does hereby commit to spend $50,000.00 in local government funds on CDBG eligible activities identified in the Indian River County FFY2014 CDBG application as local government leverage and additional $497,000.00 in local government funds to meet the project budget in accordance with the applicable rules and guidelines as set forth by the FDEO, subject to grant award. Section 5. The Board does hereby commit to expend all local government leverage between the time of site visit and the time of administrative close-out for said application, in accordance with applicable rules and guidelines as set forth by the FDEO. Section 6. The proposed CDBG application is consistent with the local comprehensive plan and Indian River County's adopted Comprehensive Plan shall serve as the CDBG Community Development Plan. Section 7. That this Resolution shall take effect immediately upon its passage. 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 Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of June, 2015. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY,FLORIDA By: By: Deputy Clerk Wesley S. Davis, Chairman BCC approval date: June , 2015 Approved as to form and le a sufficiency: By: Dylan Reingold, County Attorney P-riUrthheslMUT)-£nginrering`P fear-Unlin Construction Pennil.JR(--West ob...,Connumnav Serer Srsiem Phnu?-(iePri 4l/7,1dnin'2nd Public Nearing,C'DBG 201511.010000 dot Page 2 of 2 149 ul U o LL O N '-I V O a o a m a N U U m a) W O t0 ....-r U r�y N V E CO 0 LL V C C C CD 0 a1 i 'V +▪ n. Y_• o u .O )> O _C (1)i CO O cn cc UCu _ 4-. 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CC Cr) •-1 N M CY l() l0 N- 00 U 'Q Q. 4-4 ri ri r-1 r-( rl —1 r-I ,--I O 0_ fl. -CS co Q 00 a C -C •}- 4-, L )- 0 0 0 Q 7 L) U) •- 7 (0 CS V L1 ro v CI- (o 185 Rick Scott Mission: Governor To protect,promote&improve the health of all people in Florida through integrated Y U John H.Armstrong,MD, FACS state,county&community efforts. HEALTH State Surgeon General&Secretary Vision:To be the Healthiest State in the Nation FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY May 13, 2015 Indian River County Administration Building 1801 27th Street Vero Beach, FL 32960 To Whom It May Concern: The majority of the onsite sewage treatment disposal systems (OSTDS) located in West Wabasso Phase 2, Indian River County, are older systems that do not meet the current State of Florida OSTDS construction standards and septic tanks in the area have been found to be of block construction which are seldom watertight. In some instances, septic tanks have been found without bottoms requiring complete replacement. Many of the lots located in this subdivision are small in size, and when it is necessary to repair a failing OSTDS it is often difficult to design a system that meets current required setbacks and standards. Due to small lot sizes and excessive financial impact to the homeowner, OSTDS are authorized to be constructed with a 6"-12" separation to the estimated seasonal high water table rather than the current separation requirement of 24". Even to meet the 6"to 12" separation requirement, effluent from the septic tank may need to be pumped to an elevated OSTDS drainfield. Extensive studies have confirmed that a 24" separation between effluent absorption surface and seasonal high water table is necessary to prevent ground water contamination. These older substandard OSTDS are authorized by code to remain in use until an obvious failure appears, such as sanitary nuisance with sewage on the ground. In reality, the continued use of these substandard systems, through the septic effluent discharge, negatively impacts both surface and ground water quality and ultimately the Indian River Lagoon. Construction of a gravity sewer system in the West Wabasso Phase 2 project area will promote community health to Indian River County citizens improving an underserved area and vulnerable population. Additionally, this proposed project will positively impact water quality and the Indian River Lagoon. Sincerely, k12 s Cheryl L. unn, R.S. Environmental Manager Florida Department of Health 1.0 www.FloridaHealth.gov In Indian River County ` TWITTER:HealthyFLA 1900 27th Street C /._ , FACEBOOK:FLDepartrnentofHealth Vero Beach,FL 32960V� r� YOUTUBE:fldoh PHONE:772/794-7400 ri�► FLICKR:HealthyFla http://iindianriver.floridahealth.gov M PINTEREST:HealthyFla 186 Indian River County Community Development Block Grant Program (CDBG) Neighborhood Revitalization (NR) Application ON FR 1 -G x'. Second Public Hearing June 2, 2015 Indian River County CDBG-NR Project Process to date 1. CATF Meeting— November 6, 2014 CATF recommends to Commission development of application for proposed Neighborhood Revitalization category 2. First Public Hearing—December 16, 2014 Commission accepts CATF recommendation and authorizes development of Neighborhood Revitalization application 3. Second Public Hearing—June 2, 2015 review the specific project, draft application, allow public input and approve resolution to authorize signatures and leverage CATF=Citizens Advisory Task Force 114, - A - 1 Indian River County CDBG-NR Benefit and Score eS ,1� i, te_ .. E J I f T � ° 2 ,,,, ,, .'..< , -L.' ' : PYA:,---,/,...,- E •-t ,e �-4 .a.'. .+.s.: ^H Neighborhood Revitalization— Benefit and Scoring a) National Objective = LMI benefit by income survey is over 70%for the combined service areas (Gifford & West Wabasso) = max score; > 84 LMI Households= max benefit score b) Readiness-Sealed Plans and Specifications submitted for permits by the time of due date (100 pts) c) Leverage - $50,000 local funds for points (25 pts) d) Total score estimated 701.85 pts (strong application) LMI=Low to Moderate Income Indian River County 2014 CDBG-NR Scope of Work k • The proposed project includes Phase II of the West Wabasso new sewer project in the area of 84th Place, 84th Street, 64th Avenue, 53rd Court, 63rd Avenue, 62nd Avenue south of County Road 510, and • Gifford flood and drainage improvements in the area between 28th Avenue and Old Dixie Highway south of 43rd Street along 43rd Street, 42nd Place, 42nd Street, 27th Avenue, 26th Avenue, 25th Avenue, 24th Court and 24th Avenue. l $& A-2 , MAP a4 pRo jEctiocA.03.,...,cT icTIO:M: . , MAP ..., , „,.., GTYSA COUNTY LOCATION MAP it0 .....: F71 1—T—L1 jURISD ...,,,',.-:c• '—1---1W `•_, .' ..1'.1 '-;'t*.`. --4,,A''''''';' ]—r, ' ''t,,,. • '-'- „ ---z '-:, - •- , -, ; 447 W4,•:.1*.',,,'.', i . ' •r,[;1-7:1-,,' ( pR,,J,,,7t-,,,,,,..A::,0,N,....r. :„, --,ti Ft.01,- -,.';...- , .., ....„,, II Service ' Area w basso Phase , West —a1,-,,7 '4,1,,,77.__•,,,' ..77,„7,..L-7:2.--,77:-. - ,1 7,,A, 1: -;:- 3,-',,%'- „ ‘7,7, 4''., - , ..:,,',,. - 7izcar--sT'”‘ , ii,, ,,,,,,i ,,,t , ' t., .',iHRA;,',,'.;•,,:',„,,,,,R,,,,,,,,,,7,:2,:,,,.**, o -:: ,-,,,...,.. ,77--i- p- ti-, ,-- . -' ,,,,,, , ,,,,, „„,-,„ „ ir 1 ,2.,,,,,,,, ,,,,,,,:,,,,:: ,.,...::;•7.1-..., !....t.,: w..., 1' :t t'''' ,,„ '''''?:'''..• ''''' , a'..- . ,,4 -.*eir,,, .'.- lg.',Xx "• *Ca t > r ,,, , t )2- 01:T:' -,',..t, tr".?:.?,„!0,1;1z .",' ,';''-,: ''tott'iA' ':• 'cis- ,.., ' ' 1. , J _........_ . • _ „ . .. i, . , 1 ' A— 3 Gifford DrainagerImprovement Service Area ---.-- #7:-.;,-.,1.: - ;,;,..,- . .. ,i,y.,,„k,--11 '-, .. ,_-- - 4 1'Iii:::::lt,',,/ , 3 ® s gi + k m, fs',A, Z.t ` ,' " fi' ''''''.44 t --' ' ' frii;... ; .,...44i ;.,-;-,,ifto,,,, ;,.,,,,,,-„,-.0„„, .;,it , , 74 ,-,--1,,y,..-7.rii.,77, ,„_,.,, 1 .,;,,41...,77,,,, .i ..7...,...7 „,,,,,,,, ..,„,. ., *,,,, ,..*k dR E '� '.\'''4''�4a _ t.t..®,. x"A. ,�way �- � ,. 'is i .. ,. Anticipated Project Cost & Fundin : Source Project Name Estimated CDBG Funding IRC Funding Project Cost' Amount Amount ra awu owm mo ouu 6u uwo.u....a de 6aavw. +,ua. • __e_. w e,.- ...........c ...... _ ...0.:: is West Wabasso $1,026,426.00 $720,000.002 $306,426.003 Phase II-Sewer Project East Gifford Area $170,000.00 $30,000.002 $140,000.004 Drainage Project CDBG Grant $ 50,000.00 ■- $50,000.005 Administration TOTAL= $1,246,426.00 $750,000.00 $496,426.00 Project cost include design,surveying and Construction. Cost does not include impact fee,and connection fee. Any and all professional opinions as to Costs reflected herein,including but not limited to professional opinions as to the costs of construction materials,are made on the basis of professional experience and available data. zMaximum funding amount under the Regular Category(Neighborhood Revitalization). 30ptional Sales Tax. "A portion of the project to be paid by the E.Gifford M.S.B.U.Funds and the remainder to be paid by the General Storm Water Improvement Fund or Optional Sales Tax. 5Caoital Funding. Revenues are generated from Utility Imoact Fees. I 8G .4.4 Indian River County 2014 CDBG-NR Project Timeline F 1. May 8, 2015 FFY 2014 Cycle Opening 2. June 22, 2015 FFY 2014 Due Date 3. July-August 2015 Estimated Site Visit 4. October- November 2015 Estimated Awards 5. January 2016 Estimated Fully Executed Award 6. March 2016 Estimated Release of Funds 7. April - May 2016 Estimated Bids for Construction 8. June 2016- May 2017 Estimated Construction Summary West Wabasso Sewer Project: ➢ Address a health & safety issue by eliminating the use of sub-standard Onsite Sewage Treatment Disposal Systems (OSTDS) ➢ Address the 2030 Comprehensive Plan Policy 2.4 "The county shall provide sanitary sewer service to areas where the lack of such service is determined to be a public health threat" East Gifford Drainage Project: ➢ Alleviate a drainage problem identified in the Gifford Neighborhood Plan ( 76 R- 5 BCC Action: ➢ Open the FFY2014-15 CDBG Second Public Hearing ➢ Recommend the adoption of Resolution No. 2015- ;and ➢ Authorize the Chairman to sign Page 33 of the draft DEO Application for Funding; and ➢ Recommend the approval of other funding sources to cover the deficit contingent upon successful grant award IR& A - 6 gag NEWSPAPEKS • Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 RI AFFIDAVIT OF PUBLICATION • STATE OF FLORIDA COUNTY OF INDIAN RIVERared,Sherri Cipriani, that the Before es Manager of the eIndian River authority Journal,a daily newspaper published at Vero oatheach saysn Indian River County,Inside Florida:a:Sthat attached copy of advertisement was publshed in the Indian River Press Journal in the following Issues below. Affiant further says the saider that saidtnewsp perdhas heretofore been rcontinuously publishedpublished River Press in said Indian River County,Florida,daily and distributed innd Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; isd any person,firm or or affiantdrefund for theepupose of securing th shadvvertiat she has neiter paids advertisement forpublication in the said newspaper.corporation discount, spper.TheIndiancommission River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad -Pub PO# Number Date Copy��ne . . Cus_ tomer — INDIAN RIVER CO UTIL SVS 2665001 12/11/2014 PUBLIC NOTICE FDEO NEWSPAPER E-Sheet® I LEGAL NOTICE I ATTACHED I ********************* DO NOT sSEPARATE PAGES Swor e and subscribed before me this day of, December 11, 2014, by ' f , who is � Xk.-( k.A� Sherri Cipriani V • [X] personally known to me or [ ]who has produced as identification. 0 Notary Public lln� � ca �9`�4 Donna Lyn Johnson 1, a , ; , 4 `l-e '_•: ,1. �3 .4:'.i:' DONNA-LYN JOHNSON ;4•:. •. - • �, MY COMMISSION 8 FF 043735 E.: • t,;as EXPIRES.:October 1,2017 d 01.,,', Bonded This otary Public Underwriters • (8 6 .e - 1 . fil la�.� ;'JQurla1 Ad Number: 2693303 Advertiser: Indian River County Department of... 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NSP,Am - � m a3 gxv;A ill L8& .13 .x • INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 108i- REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Patricia Hunt ADDRESS: PO Box 442 Roseland,Florida 32957(Temp.mail) PHONE: 8082056537 SUBJECT MATTER FOR DISCUSSION: New public cameras in public building,documented etc. IS A PRESENTATION PLANNED? x YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES x NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE Unsure depending on the answer from the County REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form X E-Mail COUNTY ADMINISTRATOR: ,,a.. 0_. — Fax Joseph A.Baird Mail MEETING DATE: 6/2/15 Hand Delivered Phone 187 PUBLIC NOTICE ITEMS: 612115 v Office of I D ,I- - ' INDIAN RIVER COUNTY ,' �� :' ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorneyc/111 DATE: May 20, 2015 RE: Public Notice of Public Hearing Scheduled for June 9, 2015 to Consider Amending Chapter 300 (Alcoholic Beverages) of the Indian River County Code to Remove the Sunset Provision and Thereby Allow the Sale, Service and Consumption of Alcoholic Beverages Until 2:00 A.M. The Board of County Commissioners will hold a Public Hearing in the County Commission Chambers on Tuesday, June 9, 2015, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 300.02 (PROHIBITED HOURS OF SALE, SERVICE AND CONSUMPTION) OF CHAPTER 300 (ALCOHOLIC BEVERAGES) OF THE CODE OF INDIAN RIVER COUNTY TO REMOVE THE SUNSET PROVISION AND THEREBY ALLOW THE SALE, SERVICE, AND CONSUMPTION OF ALCOHOLIC BEVERAGES UNTIL 2:00 A.M.; AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. /nhm Approved for June 2, 2015 BCC Meeting Public Notice Items Indian River Co. Ap roved Date Admin. ,14g /.3-' O�Y ATTORNEY Co.Atty. Budget , i-A Department Risk Management - 188 ,u 1041 g-- //,V,V� ��.. "ovate - Sheriff Deryl Loar *=`,. .• Indian River County WiMit \•U May 26, 2015 Mr.Joe Baird, County Administrator Indian River County 1801 27Th Street Vero Beach, Florida 32960 RE: Request for Public Notice to be placed on the County's Website Dear Mr. Baird: The Sheriff's Office will be applying for the FY 2015 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation-which requires that "The Local JAG application must include a statement that the application was made public and that, to the extent of applicable law or established procedure, an opportunity to comment was provided to citizens and neighborhood or community organizations". In an effort to remain completely transparent in our request for funds, we are asking the County to allow the following to be published on the County's Website on the main page: Notice Subject PUBLIC NOTICE FY 2015 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation Notice is hereby provided that the Board of County Commissioners, at its regular meeting held on Tuesday,June 23, 2015, at 9:00a.m. or as soon thereafter as the matter may be heard, in the County Commission Chambers of the County Administration Building A, located at 1801 27th Street,Vero Beach, Florida,to discuss the proposed use for the grant funds received by the Indian River County Sheriff's Office through the FY 2015 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation.These funds and their proposed uses are as follows: Local Solicitation- $22,362.00 Federal Funds Local Match- No Match Required Grand Total Monies- $22,362.00 4055 41"Avenue, Vero Beach,Florida 32960 www.iresheriff.org (772)569-6700 • ' ` :1 189 :E The Indian River County Sheriff's Office is requesting these funds to be used to purchase needed Information Technology items listed as computer hardware. Anyone who wishes to inspect any documents pertaining to this grant may do so at the Indian River County Sheriff's Office. Please contact the Planner at (772) 978-6214. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Sheriff's Office Sheriff Deryl Loar By: -s-A.Grier, Planner IRCSO Sincerely, Deryl Loar, Sheriff Indian River County Sheriff's Office DL/a mg Page 2 of 2 190 GRANT NAME: 2015 Byrne Memorial/JAG: Local Solicitation GRANT# AMOUNT OF GRANT: $22,362.00 DEPARTMENT RECEIVING GRANT: Indian River County Sheriffs Office CONTACT PERSON: Amber Grier, Planner TELEPHONE: 772-978-6214 1. How long is the grant for? Two(2)Years Starting Date: October 1,2015 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes _X_____No If yes,does the grant allow the match to be In-Kind services? Yes N/A No 4. Percentage of match to grant 0 5. Grant match amount required 't 0 00 6. Where are the matching funds coming from(i.e. In-Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? X Yes No If no,how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) IAcct. J Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 22,362.00 ' 2 xAl .h., Grant Amount Other Match Costs Not Covered Match Total First Year $ 22,362.00 $ $ $22,362.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: .5. Date: May 26,2015 191 FY 2015 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG)- ABSTRACT Applicants Name: Indian River County Sub-recipient— Indian River County Sheriff's Office Title of Project: FY 2015 Local Solicitation - Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation - Information Technology Project Goals of Project: To purchase high-powered computer hardware/software to maximize system support, structure, and data security. Strategies: All items will be purchased by December 31, 2015. The Indian River County Sheriff's Office will use the 2015 Edward Byrne Memorial JAG: Local Solicitation funds to purchase necessary computer hardware for our Information Technology Section. This technology is crucial to our agency in order to increase the efficiency of police in ways that ultimately improve their service and performance. The Information Technology Section is staffed with nine personnel to provide support and service to approximately 550 employees and volunteers, along with providing technological support to several municipalities within Indian River County. The computer hardware is essential to enhance security for our police information systems; to deploy, implement, and execute resources vital to deputies and citizens of Indian River County; and to increase officer safety significantly by minimizing down time. Project Identifiers: 1. Computer Software/Hardware 2. Equipment- General 192 FY 2015 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG)- PROGRAM NARRATIVE The Indian River County Sheriff's Office will use the 2015 Edward Byrne Memorial JAG: Local Solicitation funds to purchase nine high-powered desktop computers for its' Information Technology Section. Currently, the Indian River County Sheriff's Office(IRCSO) virtual network environment houses 90%of all mission essential data which requires thorough testing prior to implementing any upgrades or performing necessary maintenance. Additionally, IRCSO is the host agency for mobile computing to the Indian River County Emergency Services Department, Fellsmere Police Department, and the Indian River Shores Public Safety Department. The requested equipment will ensure that the Information Technology Section is properly outfitted with equipment necessary to provide network security and support to all first responders, and continue providing vital resources to the citizens of Indian River County throughout the two year funding period. 193 FY 2015 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG)- BUDGET Quanti Descri'tion Unit Price Total 8 Dell Precision T1700 MT Deskto. Com Iuters $2,409.00 $ 19,272.00 1 A..le iMac 27-inch Deskto. Com.uter $3,087.00 $3,087.00 I owl Request S 22.3S9.00 ;,x).00 Total _rant Amount $ 22,362.00 DilIercnce paid by Auencv S (1 2015 JAG Grant Award = $22,362.00 Match= None Required Total Program Money= $22,362.00 Budget Narrative The Indian River County Sheriff's Office (IRCSO) will use the 2015 Edward Byrne Memorial JAG: Local Solicitation funds to purchase eight high-powered Dell desktop computers and one high-powered Apple desktop computer. Currently, the Indian River County Sheriff's Office virtual network environment houses 90% of all mission essential data and mobile computing connectivity to three municipalities within Indian River County. The requested computer hardware is vital to the security and integrity of data, and to mission essential support that IRCSO is able to provide to all first responders and citizens of our county. All equipment shall be purchased no later than December 31, 2015 and all costs were determined based on competitive pricing quotes. 194 FY 2015 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG)- REVIEW NARRATIVE Applicants Name: Indian River County Sub-recipient— Indian River County Sheriff's Office Title of Project: FY 2015 Local Solicitation - Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation - Information Technology Project The State of Florida made its Fiscal year 2015 JAG application available to the Indian River County Board of County Commissioners. The Board of County Commissioners intend to review and/or comment on the grant application on Tuesday, June 23, 2015. There are no foreseen changes to the grant application that will be submitted June 26, 2015. Indian River County has made its Fiscal Year 2015 JAG application available to citizens for comment prior to application submission via posting to the government of Indian River County's website (www.ircgov.com) and the Indian River County Sheriff's Office website (www.iresheriff.org) on May 26, 2015. Public discussion was made available on the June 23, 2015, Board of County Commissioners meeting for citizen's comments. 195 FY 2015 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG)- Disclosure of Pending Applications Applicants Name: Indian River County Sub-recipient— Indian River County Sheriff's Office Title of Project: FY 2015 Local Solicitation - Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation - Information Technology Project Neither Indian River County, nor Indian River County Sheriff's Office, have pending applications submitted within the last 12 months for federally funded assistance that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. 196 INDIAN RIVER COUNTY, FLORIDA /a Fl BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. C,y,t/ DEPARTMENTA Public Works Director FROM: James D. Gray, Jr. D Coastal Engineer SUBJECT: Department of the Army Feasibility Cost Share Agreement Sector 5—Federal Shore Protection Project DATE: May 27, 2015 DESCRIPTION AND CONDITIONS The U.S Army Corps of Engineers (USACE)currently has a backlog of shoreline protection projects to initiate or remove from their program project lists. The Indian River County Sector 5 project is one of those projects that is being considered for removal. The Department of the Army—U.S. Army Corps of Engineers (USACE) desires to enter into a Feasibility Cost Share Agreement with the County to conduct a beach project study along the Sector 5 segment of the County's shoreline. The study will be in the form of a General Reevaluation Report (GRR) and is projected to cost $3,000,000. The purpose of this agenda item is to provide the Board with a brief history on the Sector 5 project area and present two alternatives for the Board's consideration. Sector 5 Project Study Area The Sector 5 Project boundaries as defined by the County's Beach Preservation Plan (2014 Update) extends approximately 2.2 miles from Tracking Station Park south to The Gables. The project area is within the jurisdiction of the City of Vero Beach and has been identified by the Florida Department of Environmental Protection as a critically eroded beach. Brief History of the Sector 5 Project Study Area In 1980, an original feasibility study was conducted and recommended Federal participation on beach fill and periodic nourishment along 1.74 miles of shoreline. The recommended project was then authorized for construction in the Water Resources Development Act (WRDA) of 1986, Section 501(a). In 1988, a design memorandum was produced to modify the original project design and extended the project length from 1.74 to 2.65 miles. The project benefit-to-cost ratio was determined to be 1.4. F:\Public Works\JamesG\Sector 5\Federal\Feasibility Cost Share Agreement\agenda item Department of Army Feasibility Cost Share Agreement--Sector 5 Shore Protection Project--REV 5-27-15.docx 197 Page 2 BCC Agenda Item Sector 5 Beach Restoration Project May 27, 2015 In 1993, a Hardbottom mapping study revealed that the proposed project would impact approximately 56 acres of nearshore reef. Such a great impact to the nearshore reef was unacceptable to County and the project did not continue. In 1999/2000, the project was reauthorized under section 361 of WRDA 1999. Subsequently a Limited Reevaluation Report (LRR) was completed, which reduced the project length from 2.65 to 2.2 miles and anticipated a reduction in nearshore reef impacts from 56 to 16.5 acres. The project benefit-to-cost ratio with the reduction in project length was determined to be 1.4. However, the County did not proceed into the design and construction phase for the identified project. In 2014 the USACE reaffirmed their desire to partner with the County on Sector 5 and subsequently completed a favorable reconnaissance level study recommending moving forward into a feasibility phase and conduct a GRR study. Although the USACE reconnaissance study was 100%federally funded,the projected$3,000,000 feasibility phase is a 50:50 funding commitment between the USACE and the local sponsor (County). In accordance with the agreement, $1,500,000 will be the Federal cost share and the County share will be $1,500,000. However, the County may apply up to $750,000 for in kind contributions (planning, supervision and administration, services, materials, supplies, and other in kind services that are performed or provided by after the effective date of this agreement). The remaining $750,000 will be the County required contribution of funds. Proposed Sector 5 Study—General Reevaluation Report (GRR) The proposed study would be in the form a GRR. The goal of the GRR is to increase shore protection of the Sector 5 beaches in an environmentally acceptable and economically justified manner. The GRR will evaluate several project alternatives all in an effort to minimize or eliminate negative impacts to the nearshore reef habitat. The GRR will also update the project benefits and costs required for subsequent Federal funding to move the project into the design and construction phases. Based on the current Government directives all GRRs will follow a 3x3x3 rule and will be completed in a target goal of 18 months but no more than three (3) years; cost not greater than $3 Million; and be coordinated among three (3) vertical team levels. The project design and construction phases will require additional funding and planning time above the GRR phase. Proposed Sector 5 Beach Restoration Proiect— 2014 Beach Preservation Plan The Sector 5 project strategy, as identified in the 2014 update to the County Beach Preservation Plan, entails construction of a dune only project by placing approximately 52,000 cubic yards of sand above mean high water. Due to the low fill volume density it is assumed that sand for the project would be obtained from upland sand sources. F:\Public WorksUamesG\Sector 5\Federal\Feasibility Cost Share Agreement\agenda item Department of Army Feasibility Cost Share Agreement--Sector 5 Shore Protection Project--REV 5-27-15.docx 198 Page 3 BCC Agenda Item Sector 5 Beach Restoration Project May 27, 2015 Although a complete feasibility study was not conducted to identify all project alternatives, a dune only construction project is consistent with the County's goal of avoiding adverse impacts to environmental resources including nearshore Hardbottom. If a project were to proceed without the Federal commitment it is anticipated that a feasibility study could take up to 1.5 years and another 2 years for design and permitting. City of Vero Beach Ordinance Relative to Beach Restoration The City of Vero Beach enacted an ordinance in 1989 which prohibits them from spending any tax dollars on beach restoration without a referendum. Section 2.09 of City Charter prescribes: Unless specifically authorized to do so by one or more local binding referendum elections, the City of Vero Beach shall not on beaches owned by or within the municipal limits of the City of Vero Beach, directly or indirectly, expend tax dollars from whatever source (local, state or federal)on beach restoration except in the amount necessary to protect life or property during storms or other natural disaster. (Res. No. 89-19, 3-15- 1989). Following concerns that a future beach restoration project in City limits would trigger the referendum requirement, the City Attorney's office (Memorandum dated October 7, 2014 attached) reviewed current City Ordinances and Florida Statues. Based on the City Attorney's opinion the Charter referendum requirement of Section 2.09 would not be triggered if the County were to sponsor a beach restoration study/project within the City limits. ANALYSIS AND ALTERNATIVES Alternative 1: Abandon Feasibility Cost Share Agreement with the USACE. This alternative would abandon Federal assistance on the Sector 5 Project area and perhaps prevent the County from future Federal participation on this project. During the March 16, 2015 Indian River County Beach and Shore Advisory Committee (Beach Committee) meeting, the USACE discussed the GRR and Federal process. Following the USACE presentation, the Beach Committee expressed several concerns about the GRR and Federal process. Following discussions, the Beach Committee unanimously approved a supporting motion to continue with Federal funding for the Sector 5 Beach Restoration Project and requested staff to provide additional information at the next committee meeting. F:\Public Works\JamesG\Sector 5\Federal\Feasibility Cost Share Agreement\agenda item Department of Army Feasibility Cost Share 199 Agreement--Sector 5 Shore Protection Project--REV 5-27-15.docx Page 4 BCC Agenda Item Sector 5 Beach Restoration Project May 27, 2015 During the May 18, 2015 Beach Committee meeting, the Sector 5 Federal process was again discussed. The committee all agreed that due to their uncertainty on the Federal project process, funding implications, potential environmental impacts, and that the current Indian River County beach management program is adequately addressing the County's erosive segments of the shoreline without Federal participation, a motion was unanimously approved to abandon Federal assistance on the Sector 5 at this time. Under alternative 1, the County could initial their own project but would only be eligible for cost share from the Florida Department of Environmental Protection (FDEP). Approval of Alternative 1 would also align with the May 18, 2015 Beach Committee approved motion. Benefits of a County project: • Local Sponsor planned and designed project • Shorter feasibility, design, and permitting schedule • Project will be consistent with the goals of the County Beach Preservation Plan Challenges with a County project: • FDEP funding • Project • Designing a project with a high enough benefit-to-cost ratio • Schedule/process from GRR study to design and construction phase (several years) Alternative 2: Execute the Feasibility Cost Share Agreement with the USACE and proceed forward with the General Reevaluation Report study. This alternative would commit the County to$1,500,000 cost share; $750,000 for in kind contributions and $750,000 for cash contributions to the USACE. Benefits of a Federal project process: • Local Sponsor input throughout • Potential streamlined permitting • Potential multi-year funding • Additional State funding ranking for Federal projects • A Federally constructed project provides eligibility for post-storm rehabilitation at 100% Federal expense Challenges with a Federal project: • Congressional funding • Designing a project with a high enough benefit-to-cost ratio • Schedule/process from GRR study to design and construction phase (several years) F:\Public WorksUamesG\Sector 5\Federal\Feasibility Cost Share Agreement\agenda item Department of Army Feasibility Cost Share Agreement--Sector 5 Shore Protection Project--REV 5-27-15.docx 200 Page 5 BCC Agenda Item Sector 5 Beach Restoration Project May 27, 2015 Following internal discussions relative to the Federal project process, staff developed several questions for the USACE. For the Board's additional consideration,staff questions and the USACE responses are attached this agenda item. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Approval of Alternative 1 would require no funding at this time. If the Board were to approve Alternative 2 possible local funding sources could include a portion of Local Option Tourist Tax Revenues and City of Vero Beach contributions. RECOMMENDATION Staff recommends the Board support the Beach Committee's May 18, 2015 recommendation and thereby approve Alternative 1: Abandon Feasibility Cost Share Agreement with the USACE. ATTACHMENT 1. USACE Feasibility Cost Share Agreement 2. Memo dated October 7, 2014 from the City of Vero Beach Attorney's Office 3. Indian River County questions and USACE responses relative to the Federal project process APPROVED AGENDA ITEM FOR: June 2, 2015 (� BY:C• 1 - M(' (194 Indian River County Approved Date Administration 512.0 Budget Legal w O Public Works v„,_, 5/;.7 Coastal Eng. Division 0,/0 6 510115 F:\Public Works\JamesG\Sector 5\Federal\Feasibility Cost Share Agreement\agenda item Department of Army Feasibility Cost Share Agreement--Sector 5 Shore Protection Project--REV 5-27-I5.docx 201 ATTACHMENT 1 AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND INDIAN RIVER COUNTY, FLORIDA FOR THE INDIAN RIVER COUNTY, FLORIDA BEACH EROSION CONTROL PROJECT THIS AGREEMENT is entered into this day of , , by and between the Department of the Army(hereinafter the "Government"), represented by the Assistant Secretary of the Army(Civil Works), and Indian River County, Florida, a political subdivision of the State of Florida, (hereinafter the "Non-Federal Sponsor"),represented by the Chairman of its Board of County Commissioners. WITNESSETH, THAT: WHEREAS,the Feasibility Report for Beach Erosion Control, Indian River County Beaches,Florida,was completed in August 1980; WHEREAS,the Report of the Chief of Engineers recommending construction of a shoreline protection project at Indian River County,Florida(hereinafter the"Project")was signed on December 21, 1981; WHEREAS,construction of the Project was authorized bySection 501(a)of the Water Resources Development Act of 1986, Public Law 99-662; WHEREAS,the U.S. Army Corps of Engineers has determined that a general reevaluation study should be undertaken to evaluate the authorized project, using current planning criteria and policies; WHEREAS,the Government and the Non-Federal Sponsor desire to enter into an agreement(hereinafter the"Agreement")to conduct such general reevaluation study(hereinafter the"Study" as defined in Article I.A. of this Agreement); WHEREAS, Section 105(a) of the Water Resources Development Act of 1986, Public Law 99-662, as amended(33 U.S.C. 2215(a)), specifies the cost-sharing requirements applicable to the Study; WHEREAS,the Non-Federal Sponsor desires to provide in-kind contributions (hereinafter the"in-kind contributions" as defined in Article I.K. of this Agreement)that are necessary to prepare the feasibility report and to receive credit for such contributions toward the amount of its required contribution for the Study; WHEREAS,the Non-Federal Sponsor may provide up to 100 percent of its required 202 contribution for the Study as in-kind contributions; WHEREAS,the Government and Non-Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Study in accordance with the terms of this Agreement; and WHEREAS,the Government and the Non-Federal Sponsor, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non-Federal Sponsor through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes, foster a cooperative bond between the Government and the Non- Federal Sponsor, and facilitate the successful Study. NOW,THEREFORE,the Government and the Non-Federal Sponsor agree as follows: ARTICLE I—DEFINITIONS A. The term"Study"shall mean the activities and tasks required to identify and evaluate alternatives and the preparation of a decision document that,when appropriate,recommends a coordinated and implementable solution for hurricane and storm damage reduction at Indian River County,Florida, as generally described in the Feasibility Report for Beach Erosion Control,Indian River County Beaches,Florida„approved by the Chief of Engineers on December 21, 1981,and as revised in the Indian River County,Florida Beach Erosion Control Project,Limited Reevaluation Report with Environmental Summary, approved by on . The term includes in-kind contributions described in paragraph K. of this Article. B. The term"total study costs"shall mean the sum of all costs incurred by the Non-Federal Sponsor and the Government in accordance with the terms of this Agreement directly related to performance of the Study. Subject to the provisions of this Agreement,the term shall include,but is not necessarily limited to:the Government's costs of plan formulation and evaluation, including applicable economic,engineering, real estate, and environmental analyses, whether performed prior to or after the effective date of this Agreement that were not previously shared with a non- Federal interest pursuant to any other agreement;the Government's costs of preparation of the decision document for the Study; the costs of in-kind contributions determined in accordance with Article II.E. of this Agreement; the Government's costs of Agency Technical Review and other review processes required by the Government;the Government's costs of Independent External Peer Review, if required, except for the costs of any contract for an Independent External Peer Review panel;the Government's supervision and administration costs;the Non- Federal Sponsor's and the Government's costs of participation in the Study Coordination Team in accordance with Article III of this Agreement;the Government's costs of contract dispute settlements or awards; and the Non-Federal Sponsor's and the Government's costs of audit in accordance with Article VI.B. and Article VI.C. of this Agreement. The term does not include any costs of dispute resolution under Article V of this Agreement; any costs incurred as part of reconnaissance studies; any costs incurred as part of feasibility studies under any other agreement; the Non-Federal Sponsor's costs of negotiating this Agreement; any costs of a 203 contract for an Independent External Peer Review panel; or any costs of negotiating a design agreement for a project or separable element thereof. C. The term"study costs to be shared during the period of study" shall mean the difference between total study costs and excess study costs. D. The term"excess study costs" shall mean the difference between the most recent estimate of total study costs and the amount of total study costs specified in Article IV.A.1. of this Agreement, excluding any increase in total study costs that resulted from a change in Federal law or a change in the scope of the Study requested by the Non-Federal Sponsor or any increase in total study costs that otherwise was agreed upon in writing by the parties. E. The term"period of study" shall mean the time from the effective date of this Agreement to the date that: 1. the Assistant Secretary of the Army (Civil Works) submits the feasibility report to the Office of Management and Budget(OMB) for review for consistency with policies and programs of the Administration, if the project or project modification that is the subject of this Study will require further Congressional authorization to implement the recommended plan; or 2. the decision document for the study is duly approved by the Government, if the project or project modification that is the subject of this Study will not require further Congressional authorization to implement the recommended plan; or 3. the date that this Agreement is terminated in accordance with Article IX of this Agreement. F. The term"financial obligations to be shared during the period of study"shall mean the financial obligations of the Government and the costs for in-kind contributions, as determined by the Government,that result or would result in costs that are or would be included in study costs to be shared during the period of study. G. The term"non-Federal proportionate share"shall mean the ratio of the sum of the costs included in study costs to be shared during the period of study for in-kind contributions, as determined by the Government, and the Non-Federal Sponsor's total contribution of funds required by Article II.C.1.b. of this Agreement to financial obligations to be shared during the period of study,as projected by the Government. H. The term"Federal program funds" shall mean funds provided by a Federal agency, other than the Department of the Army,plus any non-Federal contribution required as a matching share therefor. I. The term"fiscal year"shall mean one year beginning on October 1 and ending on September 30. 204 J. The term "PMP" shall mean the project management plan, and any modifications thereto, developed by the Government, and agreed to by the Non-Federal Sponsor, that specifies the scope, cost, and schedule for Study activities and guides the performance of the Study through the period of study. K. The term"in-kind contributions" shall mean planning, supervision and administration, services, materials, supplies, and other in-kind services that are performed or provided by the Non-Federal Sponsor after the effective date of this Agreement in accordance with the PMP and that are necessary for performance of the Study. ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States(hereinafter the"Congress") and using those funds and funds provided by the Non-Federal Sponsor,expeditiously shall conduct the Study, applying those procedures usually applied to Federal projects, in accordance with Federal laws,regulations,and policies. The Non-Federal Sponsor expeditiously shall perform or provide in-kind contributions in accordance with applicable Federal laws, regulations, and policies. 1. To the extent possible,the Government and the Non-Federal Sponsor shall conduct the Study in accordance with the PMP. 2. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all products that are developed by contract or by Government personnel during the period of study. The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the final approval of all Study products shall be exclusively within the control of the Government. 3. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on the solicitations for all Government contracts, including relevant scopes of work, prior to the Government's issuance of such solicitations. To the extent possible,the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all proposed contract modifications,including change orders. In any instance where providing the Non-Federal Sponsor with notification of a contract modification is not possible prior to execution of the contract modification,the Government shall provide such notification in writing at the earliest date possible. To the extent possible,the Government also shall afford the Non-Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof. The Government shall consider in good faith the comments of the Non-Federal Sponsor,but the contents of solicitations, award of contracts or commencement of work on the Study using the Government's own forces, execution of contract modifications,resolution of contract claims,and performance of all work on the Study, except for in-kind contributions, shall be exclusively within the control of the Government. 205 4. At the time the U.S. Army Engineer,Jacksonville District(hereinafter the "District Engineer")furnishes the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Study,the District Engineer shall furnish a copy thereof to the Non-Federal Sponsor. 5. The Non-Federal Sponsor shall afford the Government the opportunity to review and comment on the solicitations for all contracts for the in-kind contributions, including relevant scopes of work, prior to the Non-Federal Sponsor's issuance of such solicitations. To the extent possible,the Non-Federal Sponsor shall afford the Government the opportunity to review and comment on all proposed contract modifications, including change orders. In any instance where providing the Government with notification of a contract modification is not possible prior to execution of the contract modification, the Non-Federal Sponsor shall provide such notification in writing at the earliest date possible. To the extent possible,the Non-Federal Sponsor also shall afford the Government the opportunity to review and comment on all contract claims prior to resolution thereof. The Non-Federal Sponsor shall consider in good faith the comments of the Government but the contents of solicitations, award of contracts or commencement of work on the Study using the Non-Federal Sponsor's own forces, execution of contract modifications,resolution of contract claims, and performance of all work on the in-kind contributions shall be exclusively within the control of the Non-Federal Sponsor. 6. At the time the Non-Federal Sponsor furnishes a contractor with a notice of acceptance of completed work for each contract awarded by the Non-Federal Sponsor for the in- kind contributions,the Non-Federal Sponsor shall furnish a copy thereof to the Government. B. The Government shall allocate total study costs between study costs to be shared during the period of study and excess study costs. C. The Non-Federal Sponsor shall contribute 50 percent of study costs to be shared during the period of study in accordance with the provisions of this paragraph. 1. The Non-Federal Sponsor shall provide a contribution of funds as determined below: a. If the Government projects at any time that the collective value of the Non-Federal Sponsor's contributions under Article III and Article VI of this Agreement will be less than the Non-Federal Sponsor's required share of 50 percent of study costs to be shared during the period of study,the Government shall determine the amount of funds that would be necessary to meet the Non-Federal Sponsor's required share prior to any consideration of the credit the Government projects will be afforded for in-kind contributions pursuant to paragraph F. of this Article. b. The Non-Federal Sponsor shall provide funds in the amount determined by this paragraph in accordance with Article IV.B. of this Agreement. To determine the contribution of funds the Non-Federal Sponsor shall provide,the Government shall reduce the amount determined in accordance with paragraph C.1.a. of this Article by the amount of credit the Government projects will be afforded for in-kind contributions pursuant to paragraph F. of 206 this Article. 2. The Government,subject to the availability of funds and as limited by paragraph G. of this Article, shall refund or reimburse to the Non-Federal Sponsor any contributions in excess of 50 percent of study costs to be shared during the period of study if the Government determines at any time that the collective value of the following has exceeded 50 percent of study costs to be shared during the period of study: (a)the Non-Federal Sponsor's contribution of funds required by paragraph C.1.b. of this Article; (b)the amount of credit to be afforded for in-kind contributions pursuant to paragraph F. of this Article; and(c)the value of the Non-Federal Sponsor's contributions under Article III and Article VI of this Agreement. D. The Non-Federal Sponsor shall contribute 50 percent of excess study costs in accordance with the provisions of this paragraph. 1. The Government shall determine the amount of funds that would be necessary to meet the Non-Federal Sponsor's required share prior to any consideration of the credit the Government projects will be afforded for in-kind contributions pursuant to paragraph F. of this Article . 2. The Non-Federal Sponsor shall provide funds in the amount determined by this paragraph in accordance with Article IV.C.3. of this Agreement. To determine the contribution of funds the Non-Federal Sponsor shall provide,the Government shall reduce the amount determined in accordance with paragraph D.1. of this Article by the amount of credit the Government projects will be afforded for in-kind contributions pursuant to paragraph F. of this Article . E. The Government shall determine and include in total study costs any costs incurred by the Non-Federal Sponsor for in-kind contributions, subject to the conditions and limitations of this paragraph. The Non-Federal Sponsor in a timely manner shall provide the Government with such documents as are sufficient to enable the Government to determine the amount of costs to be included in total study costs for in-kind contributions. 1. Acceptance by the Government of in-kind contributions shall be subject to a review by the Government to verify that all economic,engineering, real estate, and environmental analyses or other items performed or provided as in-kind contributions are accomplished in a satisfactory manner and in accordance with applicable Federal laws, regulations, and policies, and to verify that all analyses, services,materials, supplies, and other in-kind services provided as in-kind contributions are necessary for the Study. 2. The Non-Federal Sponsor's costs for in-kind contributions that may be eligible for inclusion in total study costs pursuant to this Agreement shall be subject to an audit in accordance with Article VI.C. of this Agreement to determine the reasonableness, allocability, and allowability of such costs. 3. The Non-Federal Sponsor's costs for in-kind contributions that may be eligible for inclusion in total study costs pursuant to this Agreement are not subject to interest charges, 207 nor are they subject to adjustment to reflect changes in price levels between the time the in-kind contributions are provided and the time the costs are included in total study costs. 4. The Government shall not include in total study costs any costs for in-kind contributions paid by the Non-Federal Sponsor using Federal program funds unless the Federal agency providing the funds verifies in writing that such funds are authorized to be used to carry out the Study. 5. The Government shall not include in total study costs any costs for in-kind contributions in excess of the Government's estimate of the costs of the in-kind contributions if the services,materials, supplies, and other in-kind services had been provided by the Government. F. The Government, in accordance with this paragraph, shall afford credit toward the amount of funds determined in accordance with paragraph C.1.a. and paragraph D.1. of this Article for the costs of in-kind contributions determined in accordance with paragraph E. of this Article. The credit for in-kind contributions first shall be afforded toward the amount of funds determined in accordance with paragraph C.1.a. of this Article. If the amount of credit afforded exceeds the amount of funds determined in accordance with paragraph C.1.a. of this Article,the remaining portion of credit to be afforded shall be afforded toward the amount of funds determined in accordance with paragraph D.1. of this Article. However,the maximum amount of credit that can be afforded for in-kind contributions shall not exceed the least of the following amounts as determined by the Government: the amount of funds determined in accordance with paragraph C.1.a. and paragraph D.1. of this Article; the costs of in-kind contributions determined in accordance with paragraph E. of this Article; or 50 percent of total study costs. G. Notwithstanding any other provision of this Agreement,the Non-Federal Sponsor shall not be entitled to reimbursement of any costs of in-kind contributions determined in accordance with paragraph E. of this Article and included in total study costs that exceed the amount of credit afforded for in-kind contributions determined in accordance with paragraph F. of this Article and the Non-Federal Sponsor shall be responsible for 100 percent of all costs of in-kind contributions included in total study costs that exceed the amount of credit afforded. H. Upon conclusion of the period of study,the Government shall conduct an accounting,in accordance with Article IV.C. of this Agreement,and furnish the results to the Non-Federal Sponsor. I. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations for the Study under this Agreement unless the Federal agency providing the funds verifies in writing that such funds are authorized to be used to carry out the Study. J. This Agreement shall not be construed as obligating either party to implement a project. Whether the Government supports a project authorization, if authorization is required, and budgets for implementation of the project depends upon, among other things,the outcome of the Study and whether the proposed solution is consistent with the Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies and 208 with the budget priorities of the Administration. ARTICLE III - STUDY COORDINATION TEAM A. To provide for consistent and effective communication,the Non-Federal Sponsor and the Government, not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Study Coordination Team. Thereafter,the Study Coordination Team shall meet regularly until the end of the period of study. The Government's Project Manager and a counterpart named by the Non-Federal Sponsor shall co-chair the Study Coordination Team. B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall keep the Study Coordination Team informed of the progress of the Study and of significant pending issues and actions,and shall seek the views of the Study Coordination Team on matters that the Study Coordination Team generally oversees. C. Until the end of the period of study,the Study Coordination Team shall generally oversee the Study,including matters related to: plan formulation and evaluation, including applicable economic, engineering, real estate, and environmental analyses; scheduling of reports and work products; independent technical review and other review processes required by the Government;external peer review,if required; completion of all necessary environmental coordination and documentation;contract awards and modifications; contract costs;the Government's cost projections;the performance of, scheduling, and determining the value of in- kind contributions; determination of anticipated future requirements for real property and relocation requirements and performance of operation,maintenance,repair,rehabilitation,and replacement of the proposed project including anticipated requirements for permits; and other matters related to the Study. This oversight of the Study shall be consistent with the PMP. D. The Study Coordination Team may make recommendations to the District Engineer on matters related to the Study that the Study Coordination Team generally oversees,including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Study Coordination Team. The Government,having the legal authority and responsibility for performance of the Study has the discretion to accept or reject,in whole or in part,the Study Coordination Team's recommendations. E. The Non-Federal Sponsor's costs of participation in the Study Coordination Team shall be included in total study costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article IV.C. of this Agreement to determine reasonableness,allocability, and allowability of such costs. The Government's costs of participation in the Study Coordination Team shall be included in total study costs and shared in accordance with the provisions of this Agreement. 209 ARTICLE IV -METHOD OF PAYMENT A. In accordance with the provisions of this paragraph, the Government shall maintain current records and provide to the Non-Federal Sponsor current projections of costs, financial obligations, the contributions provided by the parties, the costs included in total study costs for in-kind contributions determined in accordance with Article II.E. of this Agreement, and the credit to be afforded for in-kind contributions pursuant to Article II.F. of this Agreement. 1. As of the effective date of this Agreement, total study costs are projected to be $3,000,000; the value of the Non-Federal Sponsor's contributions under Article III and Article VI of this Agreement is projected to be$100,000;the amount of funds determined in accordance with Article II.C.I.a. of this Agreement is projected to be $1,400,000; the costs included in total study costs for in-kind contributions determined in accordance with Article II.E. of this Agreement are projected to be $750,000; the credit to be afforded for in-kind contributions pursuant to Article II.F. of this Agreement is projected to be $750,000; the Non-Federal Sponsor's contribution of funds required by Article II.C.I.b. of this Agreement is projected to be $650,000; and the non- Federal proportionate share is projected to be 48.28 percent. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non-Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. 2. By June 1, 2015, and by each quarterly anniversary thereof until the conclusion of the period of study and resolution of all relevant claims and appeals, the Government shall provide the Non-Federal Sponsor with a report setting forth all contributions provided to date and the current projections of the following: total study costs; study costs to be shared during the period of study; the value of the Non-Federal Sponsor's contributions under Article III and Article VI of this Agreement; the amount of funds determined in accordance with Article II.C.1.a. of this Agreement; the Non-Federal Sponsor's contribution of funds required by Article II.C.I.b. of this Agreement; excess study costs; the amount of funds determined in accordance with Article II.D.1. of this Agreement; the Non-Federal Sponsor's contribution of funds required by Article II.D.2. of this Agreement; the costs included in total study costs for in- kind contributions determined in accordance with Article II.E. of this Agreement; the credit to be afforded for in-kind contributions pursuant to Article II.F. of this Agreement; the total contribution of funds required from the Non-Federal Sponsor for the upcoming contract and upcoming fiscal year; and the non-Federal proportionate share. B. The Non-Federal Sponsor shall provide the contribution of funds required by Article II.C.1.b. of this Agreement in accordance with the provisions of this paragraph. 1. Not less than 7 calendar days after the effective date of this Agreement, the Government shall notify the Non-Federal Sponsor in writing of the funds the Government determines to be required from the Non-Federal Sponsor to meet: (a)the non-Federal proportionate share offinancial obligations to be shared during the period of study incurred prior to the commencement of the period of study; (b)the projected non-Federal proportionate share offinancial obligations to be shared during the period of study to be incurred for such contract; and (c)the projected non-Federal proportionate share offinancial obligations to be 210 shared during the period of study using the Government's own forces through the first fiscal year. Within 30 calendar days of receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such required funds by delivering a check payable to "FAO, USAED, Jacksonville"to the District Engineer, or verifying to the satisfaction of the Government that the Non-Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. Thereafter, until the work on the Study is complete, the Government shall notify the Non-Federal Sponsor in writing of the funds the Government determines to be required from the Non-Federal Sponsor, and the Non-Federal Sponsor shall provide such funds in accordance with the provisions of this paragraph. a. The Government shall notify the Non-Federal Sponsor in writing, no later than 60 calendar days prior to the scheduled date for issuance of the solicitation for each remaining contract for work on the Study, of the funds the Government determines to be required from the Non-Federal Sponsor to meet the projected non-Federal proportionate share of financial obligations to be shared during the period of study to be incurred for such contract. No later than such scheduled date, the Non-Federal Sponsor shall make the full amount of such required funds available to the Government through any of the payment mechanisms specified in paragraph B.1. of this Article. b. The Government shall notify the Non-Federal Sponsor in writing,no later than 60 calendar days prior to the beginning of each fiscal year in which the Government projects that it will make financial obligations to be shared during the period of study using the Government's own forces, of the funds the Government determines to be required from the Non- Federal Sponsor to meet the projected non-Federal proportionate share offinancial obligations to be shared during the period of study using the Government's own forces for that fiscal year. No later than 30 calendar days prior to the beginning of that fiscal year, the Non-Federal Sponsor shall make the full amount of such required funds for that fiscal year available to the Government through any of the payment mechanisms specified in paragraph B.1. of this Article. 3. The Government shall draw from the funds provided by the Non-Federal Sponsor such sums as the Government deems necessary, when considered with any credit the Government projects will be afforded for in-kind contributions pursuant to Article II.F. of this Agreement, to cover: (a) the non-Federal proportionate share offinancial obligations to be shared during the period of study incurred prior to the commencement of the period of study and (b)the non-Federal proportionate share offinancial obligations to be shared during the period of study as financial obligations to be shared during the period of study are incurred. If at any time the Government determines that additional funds will be needed from the Non-Federal Sponsor to cover the Non-Federal Sponsor's share of such financial obligations for the current contract or to cover the Non-Federal Sponsor's share of such financial obligations for work performed using the Government's own forces in the current fiscal year,the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 60calendar days from receipt of such 211 notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. C. Upon conclusion of the period of study and resolution of all relevant claims and appeals,the Government shall conduct a final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. If outstanding relevant claims and appeals prevent a final accounting from being conducted in a timely manner, the Government shall conduct an interim accounting and furnish the Non-Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved, the Government shall amend the interim accounting to complete the final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. The interim or final accounting, as applicable, shall determine total study costs,study costs to be shared during the period of study, and excess study costs. In addition, the interim or final accounting, as applicable, shall determine each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. 1. Should the interim or final accounting, as applicable, show that the Non- Federal Sponsor's total required share of study costs to be shared during the period of study exceeds the Non-Federal Sponsor's total contributions provided thereto, the Non-Federal Sponsor,no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, Jacksonville"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim or final accounting, as applicable, show that the total contributions provided by the Non-Federal Sponsor for study costs to be shared during the period of study exceed the Non-Federal Sponsor's total required share thereof,the Government, subject to the availability of funds and as limited by Article II.G. of this Agreement, shall refund or reimburse the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund or reimbursement and funds are not available to refund or reimburse the excess amount to the Non- Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund or reimbursement. 3. Should the final accounting show that the Non-Federal Sponsor's total required share of excess study costs exceeds the Non-Federal Sponsor's total contributions provided thereto the Non-Federal Sponsor,within the applicable time frame described below, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, Jacksonville"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. a. If the project or project modification that is the subject of this Study will require further Congressional authorization to implement the recommended plan and: i. the project or project modification is authorized for construction 212 —then the payment shall be made no later than the date on which a Project Partnership Agreement is entered into for the project or project modification; or ii. the project or project modification is not authorized for construction within 5 years after the date of the final Report of the Chief of Engineers concerning the project or project modification—then the payment shall be made no later than 5 years after the date of the final Report of the Chief of Engineers; or iii. the Study is terminated and the project or project modification is not authorized for construction-then the payment shall be made no later than 2 years after such termination date. b. If the project or project modification that is the subject of this Study will not require further Congressional authorization to implement the recommended plan, then the payment shall be made: i. no later than the date on which a Project Partnership Agreement is entered into for the project or project modification; or ii. no later than 5 years after the date the decision document is duly approved by the Government; or iii. no later than 2 years after the date of the termination of the Study, whichever is earliest. ARTICLE V - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation,they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VI -MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement,the Government and the Non-Federal Sponsor shall develop procedures for keeping books,records, documents,or other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures shall incorporate, and apply as appropriate,the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The 213 Government and the Non-Federal Sponsor shall maintain such books,records,documents, or other evidence in accordance with these procedures and for a minimum of three years after completion of the accounting for which such books,records,documents, or other evidence were required. To the extent permitted under applicable Federal laws and regulations,the Government and the Non- Federal Sponsor shall each allow the other to inspect such books,records,documents, or other evidence. B. In accordance with 32 C.F.R. Section 33.26,the Non-Federal Sponsor is responsible for complying with the Single Audit Act Amendments of 1996(31 U.S.C. 7501-7507),as implemented by OMB Circular No. A-133 and Department of Defense Directive 7600.10. Upon request of the Non-Federal Sponsor and to the extent permitted under applicable Federal laws and regulations,the Government shall provide to the Non-Federal Sponsor and independent auditors any information necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. The costs of any non-Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Study shall be included in total study costs and shared in accordance with the provisions of this Agreement. C. In accordance with 31 U.S.C. 7503,the Government may conduct audits in addition to any audit that the Non-Federal Sponsor is required to conduct under the Single Audit Act Amendments of 1996. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular A-87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this paragraph shall be included in total study costs and shared in accordance with the provisions of this Agreement. ARTICLE VII - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement,the Non- Federal Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d)and Department of Defense Directive 5500.11 issued pursuant thereto and Army Regulation 600-7, entitled"Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army". ARTICLE VIII - RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement,the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer,agent,or employee of the other. B. In the exercise of its rights and obligations under this Agreement,neither party shall provide,without the consent of the other party,any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either 214 pursuant to any cause of action that the other party may have or for violation of any law. ARTICLE IX - TERMINATION OR SUSPENSION A. Prior to conclusion of the period of study, upon 30 calendar days written notice to the other party, either party may elect without penalty to terminate this Agreement or to suspend future performance under this Agreement. In the event that either party elects to suspend future performance under this Agreement pursuant to this paragraph, such suspension shall remain in effect until either the Government or the Non-Federal Sponsor elects to terminate this Agreement. B. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this Agreement,the Assistant Secretary of the Army(Civil Works) shall terminate this Agreement or suspend future performance under this Agreement unless the Assistant Secretary of the Army(Civil Works)determines that continuation of performance of the Study is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Federal interests in connection with the Study. C. In the event the Government projects that the amount of Federal funds the Government will make available to the Study through the then-current fiscal year, or the amount of Federal funds the Government will make available for the Study through the upcoming fiscal year, is not sufficient to meet the Federal share of total study costs that the Government projects to be incurred through the then-current or upcoming fiscal year, as applicable, the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Study will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Study, future performance under this Agreement shall be suspended. Such suspension shall remain in effect until such time that the Government notifies the Non-Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total study costs the Government projects to be incurred through the then-current or upcoming fiscal year, or the Government or the Non-Federal Sponsor elects to terminate this Agreement. D. In the event that this Agreement is terminated pursuant to this Article,the parties shall conclude their activities relating to the Study and conduct an accounting in accordance with Article IV.C. of this Agreement. To provide for this eventuality,the Government may reserve a percentage of total Federal funds made available for the Study and an equal percentage of the total funds contributed by the Non-Federal Sponsor in accordance with Article II.C.1.b. of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. Upon termination of this Agreement, all data and information generated as part of the Study shall be made available to the parties to the Agreement. E. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment owed by the Non-Federal Sponsor shall be charged 215 interest at a rate,to be determined by the Secretary of the Treasury,equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent,or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE X -NOTICES A. Any notice,request,demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class,registered, or certified mail, as follows: If to the Non-Federal Sponsor: Public Works Director Indian River County 1801 27th Street Vero Beach,Florida 32960 If to the Government: District Engineer Jacksonville District U.S. Army Corps of Engineers P.O. Box 4970 Jacksonville,Florida 32232-0019 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice,request,demand,or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XI - CONFIDENTIALITY To the extent permitted by the laws governing each party,the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed,to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not party to this Agreement. 216 IN WITNESS WHEREOF,the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the Assistant Secretary of the Army(Civil Works). DEPARTMENT OF THE ARMY BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA BY: BY: Jo-Ellen Darcy Wesley S. Davis, Chairman Assistant Secretary of the Army (Civil Works) DATE: DATE: Attest: Jeffery R. Smith, Clerk of Court and Comptroller BY: (Seal) Deputy Clerk Approved: BY: J eph . Baird,'County Administrator Approved as to form and legal sufficiency: BY: Allit Vann K. DeBraal Deputy County Attorney 217 CERTIFICATE OF AUTHORITY I, ,do hereby certify that I am the principal legal officer of Indian River County, Florida,that Indian River County, Florida, is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and Indian River County, Florida, for the Indian River County, Florida Beach Erosion Control Project„and to pay damages, if necessary,in the event of the failure to perform in accordance with the terms of the Agreement, as required by Section 221 of Public Law 91-611, as amended(42 U.S.C. 1962d-5b), and that the person who has executed this Agreement on behalf of Indian River County, Florida,has acted within his statutory authority. IN WITNESS WHEREOF, I have mad and executed this certification this 21 day of Mme:.) 20 . Dylan Reingold County Attorney 218 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Wesley S. Davis, Chairman Indian River County Board of County Commissioners DATE: 219 A I I AcFIMENT 2 City of Vero Beach 1053 -20th PLACE-P.O. BOX 1389 VERO BEACH, FLORIDA - 32961-1389 Telephone: (772)978-4730 0 Fax: (772)978-4733 OFFICE OF THE _ CITY ATTORNEY MEMORANDUM TO: - Amelia Graves, City of Vero Beach City Council representative to the Indian River County Beach and Shores Advisory Committee FROM: Margaret S.Lyon,Assistant City Attorney l) VIA: Wayne R. Convent, City Attorney" RE: Indian River County Beach and Shores Advisory Committee;proposed Army Corps of Engineers Beach Restoration Study/Project DATE: October 7,2014 Per your request and per the request of Deputy County Attorney, Bill DeBraal, this office was asked to opine on whether a proposed Army Corps of Engineers study of the Sector 5 beach coast line, lying within the city limits of the City of Vero Beach, for a possible future beach restoration project would trigger the referendum requirement of Section 2.09 of the City Charter. The subject City Charter provision reads as follows: Section 2.09. -Referendum required. Unless specifically authorized to do so by one or more local binding referendum elections, the City of Vero Beach shall not on beaches owned by or within the municipal limits of the City of Vero Beach, directly or indirectly, expend tax dollars from whatever source (local, state or federal) on beach restoration that involves the direct or indirect placement of sand on the beach except in the amount necessary to protect life or property during storms or other natural disaster. (Emphasis added.) As background, in 1997, the City passed Ordinance No. 97-07, repealing Articles I and H of Chapter 75, Beach and Shore Preservation, City Code, to comply with Florida Beach and Shore Preservations Districts statutes that grant authority to the boards of county commissions of the various counties "...to carry out the beach and shore preservation program...for their county." Fla. Stat. section 161.25. In Fla. Stat. section 161.33(2), the Florida legislature expressly authorizes the statewide boards of county commissioners and the Department of Environmental Protection to "...receive and accept from any federal agency, and shore preservation program contemplated bythis � y' grants for or in aid of any beach P P and further charges each board of county commissioners in section 161.34 to "....coordinate the work and activity of all districts established hereunder within the county and to further ensure harmony and consistency with the overall county beach and shore preservation plan..." 220 October 7, 2014 Page Two The legislature has expressly designated the various boards of county commissioners statewide to carry out beach and shore preservation, including the receipt of funds from federal agencies for such purposes. In regard to the question asked, it is the opinion of this office that based on the information provided the City of Vero Beach would not be directly or indirectly expending tax dollars from any source nor would the City be receiving or have control of any "local, state or federal" tax dollars for the proposed study or any subsequent County or Federal beach restoration project. Therefore,the Charter referendum requirement of Section 2.09 would not be triggered in the scenario presented. cc: Mayor Richard G. Winger,Vice Mayor Jay Kramer, Councilmember Pilar E. Turner, Councilmember A. Craig Fletcher 221 ATTACHMENT 3 Date: 24 April 2015 Q: Indian River County A: USACE JACKSONVILLE DISTRICT 1. Our most recent update to our Beach Preservation Plan identifies fill placement above MHWL. If the locally preferred project approach is to place all fill above MHWL with the USACE still provide cost share on the project?THE CORPS WILL EVALUATE THE LOCALLY PREFERRED PROJECT AS PART OF THE FEASIBLITY STUDY. IF THE PROJECT/ALTERNATIVE IS JUSITFIED PER THE REQUIRED ANALYSIS, THEN SUCH ALTERNATIVE WILL BE COST SHARED. 2. Have any Army Corps beach renourishment projects been paused due to a government shutdown? NO,ONGOING PROJECTS ARE NOT PAUSED DURING GOVT.SHUTDOWN. 3. What is the longest time an Army Corps beach project has had to wait on congressional funding? CURRENTLY, HQ AND THE ASA'S OFFICE HAS SHOWN COMMITMENT THAT THIS FEASIBLITY STUDY WILL BE FUNDED THROUGH COMPLETION. AFTER THE REPORT IS APPROVED, THE PROJECT WILL AWAIT INITIAL CONSTRUCTION FUNDS FOR A"NEW START". OBTAINING THESE FUNDS WILL TAKE A FEW YEARS BECAUSE THE PROJECT IS A "NEW START". 4. If mitigation and post-construction monitoring are required for Sector 5,will the USACE provide cost share?ANY MITIGATION FOR THE PROJECT WILL BE ACCOUNTED FOR IN THE TOTAL PROJECT COST AND WILL BE COST SHARED. WHEN A PROJECT PARTNERSHIP AGREEMENT IS EXECUTED, SPONSOR CAN RECEIVE POST-CONSTRUCTION MONITORING/SURVEILLANCE CREDIT TOWARDS THEIR SHARE OF THE PROJECT IF SUCH MONITORING IS REQUIRED PER THE PERMIT. 5. In the event of storm damage following completion of the project: a. Who makes the determination of the damage Local/State,or Feds?BOTH STATE AND FEDERAL AGENCIES MAKE INDEPENDENT ASSESSMENTS. THE CORPS MUST FOLLOW THE P.L.84-99 GUIDANCE TO EVALUATE STORM DAMAGE. b. What is the threshold of damage to qualify for 100%reconstruction?THRESHOLD IS DETERMINED PER THE P.L.84-99 GUIDANCE. THE CRITERIA ENTAILS: A) Authorized and Constructed Federal project B) "Extraordinary Storm": Category 3 or higher hurricane or Greater than the design storm C)Significant Damage -Cost>$1M and >2%of initial construction cost OR -Cost>$6 million (excluding mob)OR ->1/3 of full renourishment volume lost due to storm D) Benefit to cost> 1.0(without recreation) c. What is the turnaround time from damage to reconstruction?WITHIN THE YEAR OF DETERMINING STORM DAMAGE.THE PROJECT MUST HAVE AN ACTIVE PERMIT, NEPA, REAL ESTATE CERTIFICATION,A PROJECT PARTNERSHIP AGREEMENT,AND EXECUTION OF A COOPERATION AGREEEMENT TO ACCEPT 100% FEDERAL STORM RESTORATION FUNDS. ENCLOSED MAP SHOWS ALL THE COUNTIES THAT RECEIVED 100% FED RESTORATION FUNDS DUE TO T.S. DEBBY AND HURRICANE SANDY IN 2013. 222 6. Is there a limited time period after authorization to receive construction funding? If funding is not received is the project de-authorized? YES, 7 YEARS PER WRRDA14 SECTION 6003. PER WRRDA14, THE PROJECT COULD BE DE-AUTHORIZED. 7. Can the local sponsor construct the renourishment events as a reimbursable project for the USACE?YES, PER SECTION 1014 OF WRRDA14 THAT AMENDED SECTION 204 OF WRRDA86. 8. Will the USACE consider the use of upland sand mines for construction?YES, UPLAND SOURCES WILL BE EVALUATED AS PART OF THE FEASIBILITY STUDY. 9. Is the cost of mitigation and post-construction monitoring factored into the USACE's benefit-to- cost ratio?YES 10. Can the USACE conceptually describe the project that would receive a benefit-to-cost ratio of 1.0:1 (minimum ratio to receive federal funding)? For example...northern and southern project limits, volume of sand, mitigation,etc. ENCLOSED SHEET CONTAINTS SUMMARY FROM THE LIMITED RE- EVALUATION REPORT THAT WAS COMPLETED ON THE PROJECT IN 1999/2000. BCR WAS 1.4 FOR THIS PLAN. 223 Attorney's Matters-B.C.C. 06.02.15 Office of 13, rR, INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney L_ DATE: May 14, 2015 SUBJECT: Agriculture Advisory Committee Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the position of"Associated Industry" representative vacancy on the Agriculture Advisory Committee, which term expires in January 2017. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position,whose résumé and application is available for review in the Commissioners' Front Office area: Stephen Popyach RECOMMENDATION. The County Attorney recommends that the Board review the applicant's résumé and application, and determine whether to appoint him to fill the unexpired term for the "Associated Industry" representative to the Agriculture Advisory Committee. APPROVED FOR JUNE 2, 2015 Indian River Co. Ap ed Date B.C.C. MEETING—ATTORNEY'S MATTERS Admin. A$ s Vi< Co.Atty. Budget 14 5 Dept. Risk Mgr. COUNTY ATTORNEY 1•`'AnomeylChristinalCOMMI777XStGeneral Maner BCC Agenda Memas'./30313 Commipee l itcanc;(AM')-Popyach.dccx 224 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT } �~/T�' \/z�� N�n�a�[�_ ^�/ /�, ��� �� | Date: /Full Nan)e:i - , g:p7i/p c Email Address: Street Address (No P.O. Boxes): --''- - --- „/(.00 vv; Oery7 1.4 | ----' - Home Phoms]��`�7�4��6/��-rk Phone: ' ----� J -- ^ -- �``~ ' Cell Phone: | ~--- How long have you been a resident of Indian River County?! -7�1 m ce»v�^�~----��r' / Are you a full or part time resident? Check one: Full TimeXiPart Time! / Please list current employer or business. If retired, please list any business experience that may be apphcob|etothe committee. ay �"f" /1���� ' -----' - - - / ` ' -' / u� /�/~u� wv ��� . [ � Please list any licenses you presently hold: Please list any organization of which you are currently a member: ' — . Please list any other committees or boards you currently sit on: Continued on next page ' --- -- / 225 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE n AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE BOARD OF ZONING ADJUSTMENT fl CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT n CONSTRUCTION BOARD OF ADJUSTMENT &APPEALS n ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY 1�= ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK -- FORCE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD n TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY rt.. Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for one year from date received. Print 226 Stephen Popyach P.0. 15a5 7gUgq - • . 1 •1 • Phone 859 498-8072 Email saponyach(a�yahoo.com Professional history and accomplishments pertinent to the position of"Team Leader of Inspectors of Weapons of Mass Destruction" 1. Degreed chemist, systems engineer, director of information technology (900 people) 2. Process engineer for cryogenic chemicals (very low temperature physics) 3. Production manager for a chemical company 4. Director of emergency management for the county that contains the Bluegrass Army Depot. The depot is the site that contains tons of sarin and mustard gasses 5. Familiar with the production, detection of,and disposal of sarin gas 6. Managed and directed activities of 12 to 900 technical people at multiple geographic sites Personal — I have no responsibility fir anyone but myself. I am single and can travel to any foreign country for whatever duration of time is necessary to get the iob done. I am available to begin an assignment within weeks of appointment. 227 STEPHEN POPYACH P.O. Box -1-55 71s Gs Mt-Sterling;K3M0353 f t l?ro 859-498-8072 PROFESSIONAL HISTORY March 1999- Present Computer Technologies. Inc. Full Service Consulting Firm, specializing in... - Information Technologies - Project Management - Developing marketing Departments for Consulting Corps. - Developing marketing Departments for Engineering Co./Florida June 2003 - April 30, 2004 June 2003 - Recuited by county chief executive for Executive Director of the Chemical Stockpile Emergency Prepardness Program (C.S.E.P.P.). Nerve Gas. May 1997-March 1999 Kurt Salmon Associates,Atlanta, Georgia Management Consulting Firm Senior Manager April 1991 - May 1997 Computer Technologies, Inc. Full Service Consulting Firm,specializing in information technology General Manager and Partner Responsibilities: General Manager of the total consulting firm. This includes business development and management of 30 associates. April 1990 -April 1991 Square D Company, Lexington,Kentucky Produces electro-mechanical devices. $1.7 billion sales. 228 Director of Information Technology Responsibilities: Direct effort of two major areas - Information Technology and Quality Assurance. Seven direct reports. 1971 -March 1990 International Business Machines (IBM),Armonk, New York Computer Systems. $55 billion sales. Director of Information Systems Responsibilities: Directed computer functions for two multi-million dollar divisions, including management of budget and 900 people in four locations. - Increased service level while decreasing budget and staff. - Established communication network nationwide that tied 4 plants and laboratories together. - Developed and installed new engineering systems that increased productivity by More than 20%. EDUCATION B.S. - Chemistry System Research Institute (Computer Science Graduate School) Sands Point (IBM senior executive school) M.B.A. Certified Coatings Engineer Systems Engineer 229 Steve Popyach > V.P. Marketing and Business Development History: o Consultant a big 10 in Atlanta o Program Manager for Tiffany o 15 Years- Director of Information Technology for I.B.M. o B.S. in Chemistry and Chemical Engineering o M.B.A. o Graduate afthe Systems Research Institute o Awarded a number of United States Patents 230 Christina Moore From: Stephen Popyach <popyach@gmail.com> Sent: Wednesday, May 13, 2015 1:25 PM To: Christina Moore Subject: agriculture comm Christina, In the past I owned a farm in Ky. We raised horses , tobacco, fruit, and hay. I was awarded a grant from the Ky. science and tech. corp. to prove the feasibility of converting grain sorghum into fuel ethanol. This was done ahead of schedule and no cost overruns. The report is available for review. Best regards Stephen Popyach 1 231 ATTEST: Jeffrey R. Smith, Clerk of Court, BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY ("County") By: By: Wesley S. Davis, Chairman Deputy Clerk Approved by BCC: , 201 . Approved: Approved as to form and legal sufficiency: Joseph A. Baird, County Administrator Dylan Reingold, County Attorney 111111/1' .q1111111, �� tItii ,• ►1tf{tlt I � IIIIIt11111' lif ATTEST: CITY OF VERO BEACH ("City") '411111111111 'I�111 ``' 111111 11 I 111 IIIIIIII1' 11 11111111 By: ,At: Tammy K. Vock, City Clerk I IIJ� ; Richard G. inger, Mayor �IApproved byCityCouncil: pp , 201_. 11t111111111,ii, I� IIIlli' '1I, _#II I. Approved as conforming to municipaiiii`� Approved as to form and legal sufficiency: policy: 1111111111i11 ►hilI' ! 11III1111hiliii't ' 1111 111 I►111 l, SII full �, 11111 . I► Pi II 1 IIIJames R. O' o or, City Manager II; Wayne R. Coment, City Attorney til is ;,i; 11111 , i 11111 1 1111 11111 II VIII F:1AltomeylDylanlCity Fertilizer Enforcement ILA.docx 4 237 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND TOWN OF INDIAN RIVER SHORES FOR FERTILIZER REGULATION ENFORCEMENT THIS AGREEMENT for fertilizer regulation enforcement ("Agreement") is entered into this day of , 2015 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and THE TOWN OF INDIAN RIVER SHORES, a body corporate existing under the laws of the State of Florida ("Town"). BACKGROUND RECITALS WHEREAS, in August 2013, the County established the Indian River County Fertilizer and Landscape Management Ordinance ("County Fertilizer Ordinance"), which was amended in October 2013; and WHEREAS, as part of establishing the County Fertilizer Ordinance, the County designated the authority to enforce the County Fertilizer Ordinance to a code enforcement officer within the County public works department (the "Enforcement Officer"); and WHEREAS, in November 2014, the Town adopted an ordinance regulating the use of fertilizer within the Town (the "Town Fertilizer Ordinance"); and WHEREAS, the Town, not having a code enforcement officer devoted full-time to enforcing the Town Fertilizer Ordinance, has requested the County to assist in the enforcement of the Town's Fertilizer Ordinance through the use of the Enforcement Officer; and WHEREAS, the parties find it serves a governmental and public purpose to enter into this Agreement to provide enhanced enforcement of the Town Fertilizer Ordinance within the Town in order to promote local efforts to improve surface and ground water quality and reduce the adverse effects of fertilizers on the environment, NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County and the Town agree as follows: 1. Recitals. The background recitals are true and correct and form a material part of this Agreement. 2. Authority and Duties of Enforcement Officer. The Enforcement Officer will spend a minimum average of two hours per week enforcing the Town Fertilizer Ordinance within the Town each calendar month (e.g. 8 hours monthly). Such enforcement includes, but is not limited to, educating the public and lawn-maintenance personnel on the Town Fertilizer Ordinance, responding to complaints related to the Town Fertilizer Ordinance, investigating violations of the Town Fertilizer Ordinance, issuing warnings and code enforcement citations as provided by the Code Enforcement Ordinance, preparing for and F:VittomeylDylanlTown Fertilizer Enforcement ILA.do, 1 238 /33. County Attorney's Matters-B.C.C. 6.2.15 •ivy e Office of - z INDIAN RIVER COUNTY {. _ice • f.. * ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 14, 2015 SUBJECT: Fertilizer Enforcement Interlocal Agreements BACKGROUND The City of Vero Beach (the "City"), the Town of Indian River Shores (the "Town") and Indian River County (the "County") have all enacted similar strong fertilizer ordinances. In addition to enacting a strong fertilizer ordinance, the County designated the authority to enforce the Indian River County Fertilizer and Landscape Management Ordinance to a code enforcement officer within the County Public Works Department (the "Enforcement Officer"). Neither the City nor the Town has a code enforcement officer devoted full-time to enforcing its fertilizer ordinance. The City and the Town have both requested that the County assist in the enforcement of their fertilizer ordinances in their jurisdictions through the use of the Enforcement Officer. Approved for June 2,2015 BCC Meeting Indian River Co. A114 ved Date County Attorney's Matters Admin. ' j 8�5 Co.Atty. `� iy� w .-- Budget J� '$ t; �� . Department T,p �S- COUNTY ATTORNEY Risk Management F.'Armrneyti daiGENERAvB C CAgenda MenoaFerrilarr Enfomwenr ILA.doc 232 Board of County Commissioners May 14. 2015 Page Two The County Public Works Department and the County Attorney's Office have worked with the City Attorney and the Town Manager to draft the attached interlocal agreements to authorize the Enforcement Officer to enforce the City and Town fertilizer ordinances within their respective jurisdictions. Under the proposed interlocal agreements, the Enforcement Officer will spend a minimum average of four hours per week enforcing the City's fertilizer ordinance within the City and a minimum average of two hours per week enforcing the Town's fertilizer ordinance within the Town. The enforcement will include, but is not limited to, educating the public and lawn-maintenance personnel on the fertilizer ordinances, responding to complaints related to the fertilizer ordinances, investigating violations of the fertilizer ordinances, issuing warnings and code enforcement citations, preparing for and attending Code Enforcement Board hearings and undertaking other actions necessary for managing such cases. In exchange for providing such services, the Town and the City will reimburse the County for the actual hours worked by the Enforcement Officer in enforcing their respective fertilizer ordinances. The amount billed will be determined using the current salary plus benefits and overhead of the Enforcement Officer. FUNDING The Town and the City will fund the work performed by the Enforcement Officer in each of their respective jurisdictions. The Town and the City will pay the hourly rate with benefits, which is currently $27.0961. The estimated combined annual payments to the County would be $8,453.98, which would go to reimburse the Code Enforcement position within the Public Works Department. RECOMMENDATION The County Attorney recommends that the Board approve the proposed ILA and authorize the Chairman of the Board to execute any documents necessary to effectuate the ILA. ATTACHMENT(S). Proposed Interlocal Agreements F.Attorney L 4 GEA£R1LB C C Agenda Mentos FertBrttr Enforcement RA.doc 233 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND CITY OF VERO BEACH FOR FERTILIZER REGULATION ENFORCEMENT THIS AGREEMENT for fertilizer regulation enforcement ("Agreement") is entered into this day of , 2015 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and THE CITY OF VERO BEACH, a Florida municipal corporation ("City"). BACKGROUND RECITALS WHEREAS, in 2012, the City adopted Ordinance 2012-01 regulating the use of fertilizer within the City ("City Fertilizer Ordinance"); and WHEREAS, in August 2013, the County established the Indian River County Fertilizer and Landscape Management Ordinance ("County Fertilizer Ordinance"), which was amended in October 2013; and WHEREAS, as part of establishing the County Fertilizer Ordinance, the County designated the authority to enforce the County Fertilizer Ordinance to a code enforcement officer within the County public works department (the "Enforcement Officer"); and WHEREAS, in November 2013, the City adopted Ordinance 2013-23 amending the City Fertilizer Ordinance to include additional regulations consistent with the County Fertilizer Ordinance; and WHEREAS, the City, not having a code enforcement officer devoted full-time to enforcing the City Fertilizer Ordinance, has requested the County to assist in the enforcement of the City's Fertilizer Ordinance through the use of the Enforcement Officer; and WHEREAS, the parties find it serves a governmental and public purpose to enter into this Agreement to provide enhanced enforcement of the City Fertilizer Ordinance within the City in order to promote local efforts to improve surface and ground water quality and reduce the adverse effects of fertilizers on the environment, NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County and the City agree as follows: 1. Recitals. The background recitals are true and correct and form a material part of this Agreement. 2. Authority and Duties of Enforcement Officer. The Enforcement Officer is authorized to enforce the City Fertilizer Ordinance within the corporate limits of the City pursuant to the Code Enforcement Ordinance of the City, section 2-261, COVB Code, et seq. The Enforcement Officer will spend a minimum average of four hours per week enforcing the F.14ttorneylbylenlCtty FeArkzer Enforcement ILA.docx 1 234 City Fertilizer Ordinance within the City each calendar month (e.g. 16 hours monthly). Such enforcement includes, but is not limited to, educating the public and lawn-maintenance personnel on the City Fertilizer Ordinance, responding to complaints related to the City Fertilizer Ordinance, investigating violations of the City Fertilizer Ordinance, issuing warnings and code enforcement citations as provided by the Code Enforcement Ordinance, preparing for and attending City Code Enforcement Board hearings and undertaking other actions necessary for managing City Fertilizer Ordinance cases. 3. Reimbursement by City; Billing. The County will send invoices to the City monthly for the actual hours worked by the Enforcement Officer in enforcing the City's Fertilizer Ordinance during the preceding month. The amount billed will be determined using the current salary plus benefits and overhead of the Enforcement Officer. The City shall then pay to the County the amount set forth in the invoice within 30 days of receipt of the invoice. 4. Term of the Agreement. This Agreement shall be for one year, commencing on the effective date as set forth in Section 12 below, and shall automatically renew each subsequent year. Either party may terminate this Agreement at any time and for any reason upon at least thirty days written notice to the other party. 5. Notices. Any notice, request, demand, consent, approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (1) Hand delivery to the other party; or (2) Delivery by commercial overnight courier service; or (3) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Public Works Department Attn: Public Works Director' 1801 27th Street, Building A '4` Vero Beach, Florida 32960 • City: City Manager City of Vero Beach 1053 20th Place Vero Beach, FL 32960 6. Applicable Law; Venue. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. F lgttomeylOylenlCity Fertilizer Enforcement ILA.do. 2 235 7. Entire Agreement; Amendment. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties. 8. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. Rules of Construction. Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 10. Indemnification. The City shall indemnify and hold harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of either the City or any of its respective agents, officers, or employees in connection with the performance of this Agreement. Such indemnification and hold harmless shall be only to the extent allowed by and within the limits of liability provided by section 768.28, Florida Statutes, and shall not otherwise be deemed a waiver of sovereign immunity of either party. The Count); Enforcement Officer shall not be deemed an agent, officer, or employee of the City for purposes of this paragraph. it,li 11. Recordation. The City shall pay for any costs of recording this Agreement in the public records. 12. Effective Date. This Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court in Indian River County. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. F lAttomey DylanFCity Fertilizer Enforcement ILA.dock 3 236 ATTEST Jeffrey13, Smith, Clerk of Court,.. BOARD OF: .COUNTY. COMMISSIONERS OF and Comptroller . INDIAN RIVER.COUNTY ("County") :By: BY:. . Wesley S. Davis, Chairman Deputy Clerk Approved'by BCC•• ;201 . Approved: Approved as to form and legal sufficiency: .Joseph A. Baird, County:Adniinistrator Dylan Re'h' a, County Attorney il i : : : 1 . ;x.11€1, ( I(lt ii I 1 tilliii, ATTEST: iITY OF VERO BEACHI(l�City") : .411111111 f illi,; : 8[111 p Ili: �1e : 1 l:. 11 Y 1 : Tammy K. Vock, City Clerk 411 il1il11i Richard`OldWinger; Mayor 1 Illi : [1 pp ®'vied by City1Council 201 1II1 1111 # 11i i111� !( . 11 , �i 11,,1 � J1roved Approved'as conforminglunicil• as'toform and:le al sufficienc 1 9 .: ' :: till Y p Y (11 'J 111 . It ll h !11111, James R. O'Co11(1or., City Manade`r• ., [1111.1f : Wayne R: Coment, City Attorney (((11111 1 ` : , 1111 I IJ its 1 Iii. FlAttomeylDylanlCity Fertilizer Enforcement ILA.docx w 237 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND TOWN:OFINDIAN RIVER SHORES FOR FERTILIZER REGULATION ENFORCEMENT THIS:AGREEMENT for fertilizer regulation enforcement ("Agreement") is entered into this •day of.. 2015 . by -and between INDIAN. RIVER "COUNTY, a political subdivision Of the.State of Florida ("County") :and THE TOWN OF INDIAN RIVER.: : . SHORES, a body corporate existing under the laws of the State:of Florida ("Town"):. BACKGROUND'RECITALS.:. WHEREAS; in August 2013, the County"establ,Ishecl the.Indian River County Fertilizer and Landscape.Management.Ordinance ( County Fertili r�'�O+,,rdinance"),which.was amended in.October 201.3;'and . ��;:. . \�� : WHEREAS, .as part of.: .establishing ' hCounty Fertilizer :Ordinance, the County yr .e �4} 1 designated the:authority to enforce the Co i t;Fertilizer. Ordinance;:to. a code: enforcement, officer within the County public works departmefthe Enforcement Officer");. and : ,r.'•k;. r { k7 t•'' ts` WHEREAS; in.November 2044ttheTown "adopted• an ordinance regulating the use"of fertilizer within the Town (the "Town Cilie: :OrdinancWkand WHEREAS," :Town 'not 'havin a co the ' full-time officer 'devoted full time to hili e;�r�~�:\ rdinance? has,;requested" ihe tto assist in: the enforcing:. the .Town :Fe1,. . ti}ti, � County. . :enforcement of the TOWS Fefiit zer' Ordi a ce' th i3ug1itt4,use of the Enforcement Officer, and WHEREAS the parties.find t se e.s a governmental and public purpose.to enter.into this:Agreem p to provide enhanced.enforce: ent of the Town Fertilizer Ordinance within the Town ins Yder to pro h te,.,local:�.efiforts to ove surface and ground water quality and • .. .. '"144�� 1�iy1`. �AS}.}�� �i .. .. . reduce..the\adverse effects.f4ertilizO;son the..environment; ° tip . NOW THEREFORE EFORE .inconsideration of the mutual covenants. and . romises herein contained.and.otler:;good and"valuable consideration, and intending to be legally bound, the County and the Towkg.ree as flows: 1:, '. '..'Recitals::`.Thel 4ackground recitals are true and :correct and form.amaterial part :of this Agreement.` ,.. . 2. Authority and Duties of:Enforcement Officer. The Enforcement Officer will spend a minimum average of two hours per week enforcing the Town Fertilizer Ordinance' within the. Town each calendar month (e.g.. .8 hours monthly). Such enforcement includes,: but is not limited to,. ."educating the .public and lawn-maintenancepersonnel on the Town Fertilizer Ordinance, responding to complaints related to the Town 'Fertilizer Ordinance, investigating. Violations of the Town Fertilizer Ordinance, issuing .warnings and code • enforcement' citations as provided by the Code Enforcement Ordinance, preparing for and F.•Wtorney1DylenlTown Fertilizer Enforcement 11.4 docx 1 238 attending Town Code Enforcement Board hearings and undertaking other actions necessary for managing Town Fertilizer Ordinance cases. 3. Reimbursement by Town; Billing. The County will send invoices to the Town monthly for the actual hours worked by the Enforcement Officer in enforcing the Town's Fertilizer Ordinance during the preceding month. The amount billed will be determined using the current salary plus benefits and overhead of the Enforcement Officer. The Town shall then pay to the County the amount set forth in the invoice within 30 days of receipt of the invoice. 4. Term of the Agreement. This Agreement shall be for one year, commencing on the effective date as set forth in Section 12 below, and shall automatically renew each subsequent year. Either party may terminate this Agreement at any time and for any reason upon at least thirty days written notice to the other party. 5. Notices. Any notice, request, demand, consent, approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (1) Hand delivery to the other party; or (2) Delivery by commercial overnight courier service; or (3) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: ::; : , , y: Count �� �. Indian River County Public Works Department Attn: Public Works Director 1801 27th Street, Building A Vero Beach, Florida 32960 .4town of Indian RiveriShor- V. • Attn: Town Manager 6001 State Road A1A `.Indian River Shores, Florida 32963 6. Applicable Law; Venue. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 7. Entire Agreement; Amendment. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral F:NttomeylDylan\Town Fertilizer Enforcement ILA.docz 2 239 or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties. 8. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. Rules of Construction. Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 'iilfll: 10. Indemnification. The Town shall indemnify and hold harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of either the Town or any of its respective agents, officers, or employees in connection with the performance of this Agreement. Such indemnification and hold harmless shall be only to the extent allowed by and within the limits of liability provided by section 768.28, Florida Statutes, and shall not otherwise be deemed a waiver of sovereign immunity of either party. ,111 Recordationil The Town shall pay for any costs of recording this Agreement in the public records. }1111 JttliHhii1 111 I . ����►►�►� 1111i 12. Effective Date. his Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court in Indian River County. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. ATTEST: Jeffrey R. Smith, Clerk of Court, BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY ("County") By: By: Wesley S. Davis, Chairman Deputy Clerk Approved by BCC: , 201_ Approved: Approved as to form and legal sufficiency: Joseph A. Baird, County Administrator Dylan Reingold, County Attorney F WttomeylDylanlTown Fertilizer Enforcement ILA docx 3 240 ATTEST: TOWN OF INDIAN RIVER SHORES ("Town") By: Laura Aldrich, Town Clerk Brian M. Barefoot, Mayor Approved by Town Council: , 201_ Approved as to form and legal sufficiency: 1111 Chester Clem, Town Attorney j1Itlt 111 t, 11 111 111 .11111 1111 111111111111111( 1111 411 1 11111111i11l 1111 111 111111 1111 �1 1111 111 .. 111 �� HhlIttltIItttlH,, 111► 111 1111�I 111 � �it 1 Ifillfll I l1 1 1111 11 i«�, 11111111111111811 111 11111 X111 11111 11�) IIi111 11111 � X111 11111 1111 1111 11 11 111 111111111 1� 1111111 II 1 11111 11/1111111I11111/ 11 I F.lAttomey1DylanlTown Fertilizer Enforcement ILA.door 4 241 BCC AGENDA June 2, 2015 ITEM 14.13 (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 26, 2015 SUBJECT: Short -Term Rentals FROM: Commissioner Bob Solari I would like to discuss with the Board whether or nor we should establish a "Short Term Rental Committee" to look into the issue of short term rentals in Indian River County, which would, when the committee is finished with its work, make recommendations that would go through the Planning and Zoning Committee to the Board of County Commissioners for any action that the Board deems in the best interest of the County. In order to get the discussion going I offer the following suggestions for the Board's consideration. The "Short Term Rental Committee" (STRC) shall: 1. Be composed of seven members, (Like the P & Z Committee), each Board member picking one member and two being picked at large. The at large positions might include one person such as Glenn Powell who is clearly in favor of short-term rentals and one member of the Indian River Neighborhood Association or the South Beach Property Owner's Association, groups which are clearly against short term rentals. In order to promote. 2. The first meeting of the STRC should be in two to three months, which should give our County Attorney time to properly set up the STRC and give both the County Attorney and Community Development Department time to write initial memos for the benefit of the members of the STRC, which will hopefully properly set the field in which they shall be working. 3. The STRC should meet monthly until they come up with their recommendations. 242 4. The STRC should be sun-set when there recommendations have been made and ready for consideration by the P&Z, but in any event within one year from its first meeting. 5. The STRC should try to get as much input from the public and as many areas of the County as possible. The STRC process should in no way impact the already started process dealing with parking and events. In fact, I believe that the discussion that will take place developing these ordinances should add value to whatever is done by the STRC. I look forward to our discussion of this important issue. Thank you. 243 George D.P. Lamborn, President South Beach Property Owners Association, Inc. Vero Beach, Florida 32963 Mr. Robert Solari, Vero Beach County Commissioner ..1-//2// Dear Bob: As the Commissioner for the South Beach Section you have taken a stand to allow short term rentals thus opposing the position of The SBPOA. You are aware of how the SBPOA feels that short term rentals have taken root and in many of our minds could develop into an incurable cancer as awful as the AAF railroad threat that both you and the SBPOA are fighting. There is no need in this letter to delve into all the many reasons the SBPOA is against this plague and how they plan to fight it. You have been kept informed of our objectives and our plans to achieve them. We have enjoyed our relationship with you over the years and have supported your efforts to protect the South Beach and you have supported the SBPOA. We regret that you have chosen to separate yourself from The SBPOA by opposing our objectives. There are many examples along the entire east coast that demonstrate clearly how destructive short term commercial rentals have been to once quality of life living areas because of their lack of enforced controls and la Sincere ,ti/� • am.Irn Pres. 244 BOARD OF COUNTY COMMISSIONERS Wesley S. Davis � p Tim Zorc '` G District 3 Chairman 3 kft ,� District 1 4 1 Peter D. O Bryan * '� * District 4 Bob Solari "� Vice Chairman IORO, Joseph E. Flescher District 5 May 21, 2015 District 2 Mr. George Lamborn South Beach Property Owners Association Vero Beach, FL 32963 Dear Mr. Lamborn: While it is always good to hear from the South Beach Property Owners Association (SBPOA), your email to me of May 12, 2015, contains some errors, which I believe warrant correction. First, I have not "taken a stand to allow short term rentals thus opposing the position of The SBPOA". In fact, in a phone conversation with you on May 10th, I clearly expressed to you that I believed that the County would be moving forward on this issue and that in the end, the SBPOA and the County would not be far apart. More importantly, however, you indicate that I have taken a position on short-term rentals. This is false. In two conversations with Mr. Miles Conway, the second on May 11, 2015, I very clearly said that I had not yet come up with a position on short term rentals and that I would not until I have heard more from both sides of the issue. I also made it clear in both conversations with Mr. Conway that any regulations that the County passes relating to short term rentals should be crafted for the entire of Indian River County and not just the south beach area. Second, while I do believe there are significant concerns related to short term rentals I do not at all agree with your characterization that short-term rentals "could develop into an incurable cancer as awful as the AAF railroad...." The County has lived with short-term rentals for decades and has adjusted to both the positives and the negatives of short-term rentals. While the County does not have complete control over short-term rentals, because of action taken by the State legislature, we have already taken action to address some, if not the majority of the problems concomitant with short-term rentals. I believe that the Commission will continue to work on this issue, just as we have on other complex issues until we have come with a set of solutions that is good for the entire community. Third, you state: "We regret that you have chosen to separate yourself from The SBPOA by opposing our objectives". I have not "chosen to separate" from the SBPOA. I was not elected to solely represent the SBPOA. I was elected to serve the citizens of the entire County, which I try to do to the best of my abilities. 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 245 I will note that I have been coming to SBPOA meetings for years and I do not remember the subject of short-term rentals coming up until sometime in 2015. The issue came before the County Commission on June 19, 2012 and again on July 10, 2012. Many citizens spoke both for and against short-term rentals. The minutes do not reflect anyone speaking for the SBPOA at either of those meetings. Nor do I recall anyone from the SBPOA showing the slightest bit of interest in the short-term rental issue at that time. While I do not see how you can be upset because I am opposed to the SBPOA, which I am not, but because I am not acting as quickly and aggressively as you believe I ought to act. This may well be true. While I do not yet have a fully formed position on the short-term rental issue, I do have a presumption against, and am slow to use, the coercive arm of the state against my friends and neighbors. In the front of the binder that holds the back up for the issues discussed at our Commission meetings is a quote by Robert Conquest: ... it is not enough to show that a situation is bad; it is also necessary to be reasonably certain that the problem has been properly described, fairly certain that the proposed remedy will improve it, and virtually certain that it will not make it worse. I believe this is good advice for any elected official and that the conditions expressed in the quote have not yet been met. For instance, internet companies like Airbnb Inc. and Homeaway, Inc. have developed a significant new type of short-term rental business. These types of rentals may well be inappropriate for our community but they have not yet been part of the discussion. I believe they ought to be. Given the limited discussion on the issue we have had at the County to date, I believe a number of other aspects of the problem will surface and become part of the discussion as the BCC moves forward. I will again note, however, that the BCC has gone forward asking the County Attorney to craft an ordinance that will ban commercial events at homes in residential neighborhoods. I believe this ordinance is appropriate and I am hopeful that it will address the vast majority of the problems associated with short-term rentals. I am appreciative of all the work that the SBPOA has done related to the short-term rental issue and look forward to working with all the residents of Indian River County as we move forward to come up with workable solutions to the problems that accompany them. Sincerely, r-- 1 Bob Solari 246 w 44 0/KIK(" Hyatt InvestsFirm n Name - I�ent�I Hotel chain is joining a - $4e ianz„----,- -.-:----- ----- „,:::.7''''',7."'''''' . .q its core financing " " '�- �. 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"; 24-hour hotline in case they get u ,-.. , '",--1".��' locked out or somet• hing at the BY CRAM KaRhntx . home -`_ ,`` , a � ' "; goes wrong. withfstay .� , • i homes are stocked fresh Hyatt Hotels Corp. invested j,, 1 ir,i ist , ,;; linens and towels,and an iPhone in Hyatt estay, a closely held - i . ; •. 3 preloaded with apps recom x`. .r company that enables travelers 1 s. - � j local gior to rent upscale private homes, ',r t 'restaurants �,,r 3,,,,,..; _ 4 , and attractions. the rare instance of a major ho '`�"' � t �� '" , > 4�` tel operator r The averagervalue ofst the ; __' aligning with the ai :,* homes than million,Mr.Marshis burgeoning home-rental indust- ";.-Iv , more than$2 Mz ok �• "` � °x � � • `_ said.It appeals to travelers look- Onefinesay matches home- . ing for longer visits of several', owners looking to rent their e- 4. 'y --...„ days or even months."Our busi- owners in London, New York ,`-' . A ,I.,,,,`'?.,..`'.' ness is a hybrid between an on- Los Angeles and Paris with tray- r . 4i.� ._ • t line marketplace and the sort of elers. It manages a portfolio of $ _ more than 2,500 homes with a hospitality service you might get - behind the scenes of a luxury combined value of more than$5 hotel,"Mr.Marsh said. Miami- billion,said the company. , Oasis Collections, a It is unclear how much Hyatt r" `". based high-end home-rental invested in onefinestay but a ; fes, also person familiar with :` --.4 Y ` expanding into the the matter �: inU.S.Latin and Europe after launching said it was part of a nearly$40 .- . R ..'fir in America million round of funding that , Luxury Retreats, based in was completed at the end of last, {. Montreal,Canada,offers a simi- year. #.`�' `� ' lar product to affluent jet set Onefinestay Chief Executive .•�', travelers for homes in Europe, Officer Greg Marsh declined to t*..,.» i '°. I Asia and the Americas.Listings discuss Hyatt's relationship with f.,-gt.,,,.-0- tri^-ra,, j°': average from around $2,000 a Ms company. q x night and range In a statement, a Hyatt �� 'T);.lit}`. t, , i from $200n a ,. ' ;' night in Costa Rica to billionaire ratingspokeswoman said it is"collabo- , 4,.<; F# , _ Richard Branson's bean, Necker with onefinestay" and I „ , Island in 0 the Caribbean,offered that it will "continue to test a ��„,''e�" .� � at$60,000 a day. l variety of offerings,work with a w x �,` ;„, , # ,.,s£ g The esgmayd ho the face number of companies and make r '"` ' ' companies may find they face lnvestrnents to continue innovat .- some of the same legal chal- ing the guest experience." r... Y. ^' r W lenges as c , pAirbnb. In New York, Last fall,Hyatt sold for about Ona I: for instance, politicians have $220 million a timeshare opera astable of upscale es short-term rental said that many Airbnb hosts run tion with units in states like Hyatt's stake in onefinestay is for the same customer. afoul of a 2010 state lodging law Florida, Arizona and Colorado. the clearest sign yet that a ma- that prohibitsearp people e fromewer The company doesn't view that "There will always be people ing their apartments for fewer jor hotel operator views the who are price-sensitive but this than 30 days unless the occu- business as the same as onefm- home-rental market as a viable doesn't impact our business," pants are also present. estay's urban home-rental opera- business. Richard Solomons,CEO of Inter- tions. "It was only a matter of time Continental Hotels GroupPLC, violation la ion f the hostssm could be York Onefmestay has a fraction of before one of the hotel operators said in an interview last year. law if they reentire homes for the inventory managed by home- broke ranks and and vacation-rental firms such with one of the homerd rentalslfounded in London,sat aney�econy- less than a month.But with only as Airbnb Inc. and HomeAway firms," said Sean Hennessey, pany provides a service closer to the aboct o pa m New York- Inc.,which each have more than CEO of Lodging Advisors LLC,a a luxury hotel than the chains cism thny hasn't faced the at Airbnb a million listings,according to a New York-based hotel consulting has seen with its report from investment bank firm."It's likely that other hotl acknowledge.The companymuch larger New York listings.r Evercore Partners. companies will follow." r partners witproperties,h "It's the same politics,"i said Hyatt's investment is likely to For the most part,hotel exec- owners of pricer ford egues 's but not the same said Hud- capture the attention of rivals utives have tried to distance stay and price for the the owner uerta Max Rayner, a hospitalitypartner such as Marriott International their companies from the home- fee. It also offers a higher level techno technology advisory firm. Inc.and Hilton Worldwide Hold- rental startups. They have said of service than the largerCrossing,n didn't comment and ings Inc., which hotel consul- these firms aren't competitors rental companies including recttlly on Mhettheer} mpany tants say have been monitoring because they don't offer the Airbnb,though that company re- ever rented apartments in viola- closely the impact of the home- same security measures and cently said it would be pursuing tion of the law. "Most laws rental companies on the lodging quality-control found in hotels more vacation rentals as tighter didn't anticipate a business like business. and don't necessarily comr local government controls im ours,"he said. 247 June 2, 2015 Commissioners Matters 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 26, 2015 SUBJECT: Go Solar Florida Resolution FROM: Peter O'Bryan Commissioner, District 4 Request Board discussion regarding adoption of the Go Solar Florida resolution. Thank you. 248 RECEIVED Cao SOLAR I FLORIDA One North University Drive,Suite A203,Plantation,Florida 33324 APR 0 7 2015 954-519-1260•Fax 954-765-4804 BOARD OF COUNTY COMMISSION March 30, 2015 The Honorable Wesley S. Davis Chair Indian River County Board of County Commissioners 1801 27th St. Vero Beach, FL 32960-3388 Dear Chair Davis, As you well know, local governments—municipalities and counties—are often leaders in improving the daily lives of Floridians. Accordingly, when a coalition of local governments, including Alachua, Broward, Miami-Dade, Monroe, and Orange counties, saw how the Sunshine State could benefit from much wider adoption of rooftop solar photovoltaic(PV)energy, we formed the Go SOLAR Florida initiative with the Florida Solar Energy Center and Florida Atlantic University.The goal of Go SOLAR Florida is to make solar energy more available,easier to obtain, and less expensive for all Floridians. For a state with the third-highest rooftop solar potential of all fifty states, Florida ranks only 13th for total installed solar capacity. Go SOLAR Florida, with your help, wants to do betted Florida deserves to enjoy the potential benefits of rooftop solar energy, including lower electricity costs, local jobs and economic development, reduced dependence on imported fuels, and pollution-free electricity generation. One of the goals of Go SOLAR Florida is to expand the landscape of financial options available to homeowners, businesses,and local governments interested in putting solar PV systems on their rooftops. To further this goal,the Go SOLAR Florida partners created a report, the Florida Solar Financing Action Plan:A Menu of Options (enclosed), to provide local governments with information about financing and policy options. We know that every community's situation is unique, so the Action Plan does not recommend any specific course of action; it merely presents information to help inform local governments of options they might choose to pursue in support of solar financing. Part of our outreach efforts includes reaching out to all 67 counties in Florida, asking them to adopt a non- binding resolution expressing support for the expansion of rooftop solar PV electricity in Florida and agreeing to review the Florida Solar Financing Action Plan for any options that might be appropriate for their communities. Would you be willing to join with us and other counties in the state to show your community's support for solar energy by adopting the enclosed resolution? Should you wish to revise the draft resolution, an electronic copy is attached to the email version of this letter sent recently to your email address and is also available on the Go SOLAR Florida Financial Options website at http://bit.ly/GoSolarFinancial (case-sensitive). Please notify me if your county adopts a Powered by SunShot U.S.Department of Energy 249 This material is based upon work supported by the U S.Department of Energy and the Go SOLAR-Florida Team under Award Number DE-EE006309. resolution of support so we may feature your county on the Go SOLAR Florida Financial Options website and provide additional resources to you and your staff. Thank you for considering this request. Go SOLAR Florida staff will be following up this letter in the next few weeks, and you are welcome to call me directly if you would like further information or have any questions. Yours sincerely, V ' Jeffery D. Halsey Go SOLAR Florida Program Director jhalsey@broward.org 954-519-1468 Enclosures 250 Sample Resolution of Support for Solar Photovoltaic Energy and the Florida Solar Financing Action Plan: A Menu of Options WHEREAS, solar photovoltaic energy offers many potential benefits, including lower electricity costs for homeowners, businesses, and governments; local jobs and economic development; reduced dependence on imported fuels; and pollution-free electricity generation; WHEREAS, Florida has the third-highest potential for rooftop solar energy generation in the United States, but currently ranks 13th in the nation for installed solar capacity; and WHEREAS, in late 2013, the Go SOLAR Florida team, consisting of Broward, Alachua, Miami- Dade, Monroe, Orange, and St. Lucie counties, the City of Venice, the Florida Solar Energy Center, and Florida Atlantic University, received a $2.3 million Rooftop Solar Challenge II grant from the U.S. Department of Energy to expand the streamlined online solar permitting system developed by Broward County under an earlier grant award; and WHEREAS, one of the Rooftop Solar Challenge II grant deliverables is a Florida Solar Financing Action Plan, exploring the benefits of solar energy and outlining a strategy to improve access to solar financing in the state of Florida; and WHEREAS, the Florida Solar Financing Action Plan:A Menu of Options contains a variety of financing options for homeowners, businesses, and local governments to consider, while recognizing there is no one-size-fits-all solution for the diverse types of communities, families, and businesses in the state of Florida; and WHEREAS, to build support for solar photovoltaic energy generation and awareness of solar financing options within the state of Florida, the Go SOLAR Florida team is seeking to secure resolutions of support from all sixty-seven (67) counties in Florida, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COUNTY, FLORIDA: Section 1. The Board supports the expansion of solar photovoltaic energy generation in the state of Florida. Section 2. The Board welcomes the publication of the Florida Solar Financing Action Plan: A Menu of Options as a valuable resource for local governments seeking to expand the use of solar photovoltaic energy in their communities, without specifically endorsing any of the individual options contained therein. Section 3. The Board directs County staff to review the Florida Solar Financing Action Plan: A Menu of Options and determine if any of the options therein should be recommended for consideration by the Board. Section 4. The Board encourages all other counties in Florida to adopt this or similar resolutions supporting solar photovoltaic energy generation and awareness of solar financing options within the state of Florida. Section 5. SEVERABILITY. If any portion of this Resolution is determined by any Court to be invalid, the invalid portion shall be stricken, and such striking shall not affect the validity of the remainder of this Resolution. If any Court determines that this Resolution, or any portion hereof, cannot be legally applied to any individual(s), group(s), entity(ies), property(ies), or circumstance(s), such determination shall not affect the applicability hereof to any other individual, group, entity, property, or circumstance Section 6. EFFECTIVE DATE This Resolution shall become effective upon adoption. 251 DISTRICT INDIAN RIVER COUNTY, FLORIDA [ A 01, MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen,Assistant Chief DATE: May 21, 2015 SUBJECT: Approval Conceptual Temporary Site for Fire Station 7 It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners. DESCRIPTION: On March 20,2015,the board directed staff to find a temporary site for modular housing to relocate Fire Station 7.Staff has visited and evaluated twelve different sites for the location and has narrowed the site selection down to one for consideration. The consideration for the temporary site was to include improved long term service delivery for Fire Rescue Operations. The temporary site will allow further time for potential new site procurement for a permanent station within the service area. Staff has selected a parcel located in the 1800 block of 99th Way.The site is located within a zoned industrial light(IL)section that has been developed for this type of use. The site, 1.02 acres in size will accommodate the desired placement and use of the temporary modular building. Staff has met with the contractor for placement and connection for the temporary housing and found that this site has potential. RECOMMENDATION: Staff recommends approval of the conceptual placement of the temporary housing and asks the board to authorize the County Administrator to sign the lease. ATTACHMENTS: Aerial View of Property Lot Layout of Proposed Property Modular Timeline Property Search Listing 252 APPROVED FOR AGENDA Indian River County Approved Date Administrator tar B E FOR: June 2, 2015 Legal MOM Budget 111101191971 1 BY: 11, ryk 4 ,L l Risk Management MIRI Jodeph A. Baird �' �' Department 0-14tid ME County Administrator 253 • - -g- wm.< Al ii,-I 6.bG1 Cu. 0 --t.-.,r PPPr Mlis ;_ * _ � WV A'w.n r ` n CIAO smirk. �� , : �f ;� ,;.>n .� � ..''''o , y 1 �' 1511- r 1 o ( 3;41,1111.0.140. / {{{s 1 , tlY \ iL : . y y• -31-"k s t It 1 xF i 11 s ( p w.,. i p �,�,,E9 a� 4.1 y5 3:)V".d H16. yy J .... :.+4�e.�..e.., , . 4y ? > Li ri • -k, . ' i ' DPI I , - . " .— . ,> . 11; ,. .r )/ I's 51 r'a 13.3tr•15..F.t ¢ >!,"; I I �3t • "i 1 1 i r I 1 1 vs +/Yr 'i H , d Ii 1 Ii aura 11 I =a @: f *Ma, . • @i=g r t ' I .. a' i... 1 : 1 Nt y 1i 5'I NO V. . 1! r" 9 i 3 IP: ?52 4 a 3 i7--d H19 .1'. ,_ '.I i - .,io I ma. _ O ihYrY ;; 0'- N0 Prz,-.2' '... — — , • . 5k • -. i. • •8 icli r 4 I ) ''". 1 e' ' ..,. ' e 1 1 /c ur .. .„,mr.°, 1 . I 1-.1 to 1 110 h ae�R : 1�tstc1 I 1 Iirmri i5� A .. ,� ''_7 }i.lC RIR.o .. ' J '@• �� -1 iihi '1 --'*-1 P t'' MC/ut rwwirvr nw . '. 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Site presents with traffic congestion issues as well as vehicle security of apparatus with high amounts of vehicle and pedestrian traffic in the area. Lease price for this property is $3,000/month. Vero Industrial Park: 9800 18th Street Property is in an industrial developed node with infrastructure in place to include water, sewer and electric. Egress from property is direct to 98th Avenue with terminates at traffic signal on SR 60. Property meets the requirements of zoning. Lease price for this property is $31,500/year. Father Crowley Center: 2355 82"d Avenue Property of former church 12,000 square feet residing on 9 acres. Property is currently for sale for$1,649,000. Currently awaiting on realtor to ascertain if property can be subdivided and if a lease for a portion of the property is available. Site is located north of SR 60 on 82"d Avenue. Former Bank Property: 8055 20th Street (SR60) Listed as a 5 acre site and currently has tenants is a south building located on the property. Vacant piece is located adjacent to SR 60 on the previous parking lot site. Site has room for desired use but sits east of current service location. Due to this location any responses to areas west of site will require emergency vehicle to make a U turn on SR 60. There is no median cut out for emergency vehicle to utilize. Likewise, when returning to the station units will have to utilize the traffic light at 82"d Avenue to make a U turn. Current Lease price is unavailable at the time of this memorandum. West Property of Howard Johnson: 9085 Americana Road This property is accessed from 98th Avenue south of SR 60 west of the TA Truck Stop. Property located in an area around hotels and office strip plazas. Ingress and egress is obtained from 90th Avenue. There has been no responses from the realtor listed for the property and recently the realtor signs have disappeared from the mentioned property. 258 BHP of Vero LLC: 1931 98th Avenue Located on the southwest corner of 98th Avenue and SR 60. This is a 7 acre site with a metal building located on the south end of the property. This property is zoned CG. The current purchase price is $6,000,000. Buildex Inc.: 7400 20th Street (SR 60) Located on the northwest corner of 74th avenue and SR 60. This property has been cleared but no other improvement are noted. As the location of this property is so close in proximity to proposed St. 14, 26th Street and 66th Avenue, that the long term location will not be of benefit to the operations of the department. Indian River County: 9505 218t Street Indian River County owned property located to the north of the Shell Gas Station, 9520 SR 60, this property has been visualized by staff and been deemed to require much infrastructure work to bring the site for use. As this property currently has no access road, low lying property and wetlands, the costs associated with development currently may out way the intended use. Vero Beach Industrial LLC: (CVS) Located at 98th Avenue and 20th Lane south of the CVS Distribution building. Property currently has infrastructure in place and meets the intended use of the temporary fire station location. Contact has been made with the representative of the owner and has declined to participate in any short or long term lease. Indian River Flying Service Inc.: 1890 98th Avenue Referred as the Hibiscus Airport, staff has visited the site and it meets the needs of the intended use as visualized from observation and records. There is no signage that the property is for sale or lease and conversation with persons on site had no information as well. Fire Station 7: 1215 82nd Avenue Currently being used as a response station to 911 calls this building is located on %2 acre parcel. As directed staff will be meeting with Barth Construction to discuss the options of using this property for the modular housing. Problems associated with partial demolition of property could create issues. Delivery of service need is not considered in location of this site. 25°