indian river county board of county commissioners 04/11/06 ...paula lane sarasota county board of...

April 11, 2006 of 7

BOARD OF COUNTY

COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

C O M M I S S I O N A G E N D A

COUNTY COMMISSIONERS

Arthur R. Neuberger, Chairman District 2 Joseph A. Baird, County AdministratorGary C. Wheeler, Vice Chairman District 3 William G. Collins II, County AttorneySandra L. Bowden District 5 Kimberly Massung, Executive Aide to BCCWesley S. Davis District 1 Jeffrey K. Barton, Clerk to the BoardThomas S. Lowther District 4

1. CALL TO ORDER 9:00 A.M. PAGE

2. INVOCATION

Stan Boling, Planning Director

3. PLEDGE OF ALLEGIANCE

Commissioner Wesley S. Davis

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

None

County Commission Chamber County Administration Building

1840 25th Street. Vero Beach, Florida, 32960-3365 WWW.IRCGOV.COM

TUESDAY, APRIL 11, 2006 - 9:00 A.M.

April 11, 2006 of 7

6. APPROVAL OF MINUTES PAGE

A. Public Workshop March 3, 2006 - Proposed Proportionate Share Ordinance

B. Regular Meeting of March 7, 2006

C. Regular Meeting of March 14, 2006

7. CONSENT AGENDA

A. Approval of Warrants

(memorandum dated March 30, 2006) 1-8 B. Appointments to the Historic Resources Advisory Committee

(memorandum dated April 3, 2006) 9-14 C. Appointment to the Enterprise Zone Development Agency

(memorandum dated April 4, 2006) 15

D. Resignation from the Economic Development Council (memorandum dated March 31, 2006) 16-17

E. Appointment to the Economic Development Council

(memorandum dated March 31, 2006) 18-25

F. Contract Execution for IRC Bid No. 2006060 – Oslo Road Clearing, 8th Court SE to 27th Avenue SW (memorandum dated April 3, 2006) 26-68

G. Miscellaneous Budget Amendment 012

(memorandum dated April 4, 2006) 69-72

H. Approval of FDEP Agreement No. G0182 for the Indian River County Main Relief Canal Pollution Control Structure (memorandum dated March 29, 2006) 73-123

I. The Squire Subdivision, Indian River County Bid No. 2006054, Approval of

Final Payment to Labor Contractor for Work Authorization No. 2005-022 for Installation of Water Main (memorandum dated March 31, 2006) 124-130

April 11, 2006 of 7

7. CONSENT AGENDA (CONT’D.) PAGE

J. Carll Heights Subdivision Water Assessment Project, Approval of Final Payment to Contractor and Release of Retainage (memorandum dated March 31, 2006) 131-134

K. Release of Lien – Lot 5 of Indian River Industrial Center


L. Florida Department of Juvenile Justice Interagency Agreement (memorandum dated April 4, 2006) 139-141

M. J.D.C. Florida Inc.’s Request for Final Plat Approval for a Subdivision to be

Known as Riverwind – Phase III (memorandum dated March 27, 2006) 142-158

8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

9. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Treviso LLC’s Request to Rezone +/- 19.48 acres from A-1 to RM-8 (memorandum dated March 31, 2006) 159-198

Quasi-Judicial

2. Consideration of Proposed Proportionate Fair Share Ordinance Amendments to LDR Chapter 910, Concurrency Management System (memorandum dated April 3, 2006) 199-249

Legislative

3. Consideration of Proposed Amendment to Chapters 913 and 914: Posted Sign Notice for Conventional Development Projects (memorandum dated April 7, 2006) 250-289

Legislative

4. Second Public Hearing: Extension of Moratorium on small lot single-family subdivisions (memorandum dated April 4, 2006) 290-294

Legislative

April 11, 2006 of 7

9. PUBLIC ITEMS (CONT’D.) PAGE

B. PUBLIC DISCUSSION ITEMS

1. Request to Speak from Glenn W. Legwen Regarding County’s Use of Selective Code Enforcement (postponed from meeting of April 4th at Mr. Legwen’s request) (letter dated March 27, 2006) 295-301

2. Request to Speak from Les Waller Regarding Discussion and

Consideration Related to Code Enforcement Case #2003090137 (letter dated April 4, 2006) 302

3. Request to Speak from Joseph Paladin Regarding Section 952.08

right-of-way requirements (letter dated April 5, 2006) 303-309

C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing April 18, 2006:

Board consideration to approve purchase of the Capt’n Butcher, Inc. parcels of the “Archie Smith/Johnny Mays Fish House” environmental land acquisition project (memorandum dated April 4, 2006) 310

Administrative 2. Notice of Scheduled Public Hearing April 18, 2006:

Application for a Cable Television System License by Litestream Holdings, LLC: Request approval and the issuance of a Cable Television License to operate a cable television system within the unincorporated areas of Indian River County (memorandum dated April 4, 2006) 311

Administrative

April 11, 2006 of 7

9. PUBLIC ITEMS (CONT’D.) PAGE

C. PUBLIC NOTICE ITEMS (CONT’D.) 3. Notice of Scheduled Public Hearings May 2, 2006:

a. Indian River Exchange Packers Inc.: Request to amend the Comprehensive Plan to realign the Urban Service Area Boundary and to redesignate ±18 Acres located at the southeast corner of the 9th Street Southwest (Oslo Road) and 74th Avenue from AG-1 to C/I, and to rezone those ±18 Acres From A-1 to IL.

Legislative

b. County initiated request to amend the text of the Conservation Element, the Potable Water Sub-Element and the Sanitary Sewer Sub-Element of the Comprehensive Plan

Legislative

c. County initiated request to amend the Capital Improvements

Element of the Comprehensive Plan Legislative

d. County initiated request to amend the Transportation Element of the Comprehensive Plan

Legislative


10. COUNTY ADMINISTRATOR’S MATTERS

None

11. DEPARTMENTAL MATTERS

A. Community Development None B. Emergency Services

None C. General Services

None

April 11, 2006 of 7

11. DEPARTMENTAL MATTERS (CONT’D.) PAGE

D. Human Resources

None E. Human Services

None F. Leisure Services

None G. Office of Management and Budget

None H. Recreation

None I. Public Works

1. Continuing Contract Agreement for Professional Services with G. K. Environmental, Inc., Work Order No. IRDN#1 for Indian River Drive North Sidewalk Improvements – Indian River County Project No. 0202 (memorandum dated March 21, 2006) 314-320

J. Utilities Services

1. Hala A. Shalhoub Medical Office Building Developer’s Agreement for Construction of an off-site water main (memorandum dated March 28, 2006) 321-331

12. COUNTY ATTORNEY

None

13. COMMISSIONERS ITEMS

A. Commissioner Arthur R. Neuberger, Chairman

None B. Commissioner Gary C. Wheeler, Vice Chairman

1. Architectural Review Committee for Planned Developments (memorandum dated March 29, 2006) 332

April 11, 2006 of 7

13. COMMISSIONERS ITEMS (CONT’D.) PAGE

C. Commissioner Sandra L. Bowden

None D. Commissioner Wesley S. Davis

None E. Commissioner Thomas S. Lowther

None

14. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None B. Solid Waste Disposal District

None C. Environmental Control Board

None

15. ADJOURNMENT 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. 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, the IRC Courthouse Law Library, and the North County Library.

Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule:

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.

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM •

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: MARCH 30, 2006

SUBJECT: APPROVAL OF WARRANTS

FROM: DIANE BERNARDO, FINANCE DIRECTOR

In compliance with Chapter 136.06, Florida Statutes, all warrants 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 Clerk to the Board, for the time period of March 24, 2006 to March 30, 2006,

Attachment:

DB:AH

1

CHECKNBR 173875 173876 173877 173878 173879 173880 173881 173882 173883 173884 173885 173886 173887 173888 173889 173890 173891 173892 173893 173894 173895 173896 173897 173898 173899 173900 173901 173902 173903 173904 173905 173906 173907 173908 173909 173910 173911 173912 173913 173914 173915 173916 173917 173918 173919 173920 173921 173922 173923 173924 173925 173926 173927 173928 173929 173930 173931 173932

CKDATE 03/23/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006 03/29/2006

CHECKS WRITTEN

VENDOR' TEAMSTERS LOCAL UNION #769 ALPHONSO JONES ORANGE COUNTY HOUSING AND SANDY PINES TOWN & COUNTRY LEASING ALL FLORIDA REALTY SERVICE INC DEAN BABCOCK JERE L BAXTER LYDIA BROXTON GERALDTCAPAK RJCHARD CAPPELLUTI PAUL CARONE CHERYL DOYLE EDGEWOOD PLACE (305-113) ROBERT J FORD GIFFORD GROVES LTD GRACES LANDING LTD MICHAEL JACKOWSKI MAR.KOR ANNA KNOWLES PHILLIP G LANGLEY TERRY A LAWRENCE CHARLES LEWIS LINDSEY GARDENS APARTMENrS ED LLERENA MOD INVESTMENrS LOUIS PALUMBO RIVER PARK PLACE BETTY DA V1S SCROGGS MICHAEL R STARCK WOODS OF VERO BEACH DAVID YORK LILLYBYORK ST FRANCIS MANOR OF VERO BEACH SALLIE (WYNN) BLAKE KYLES RUN APARTMENTS RUTH JEFFERSON CHRlSTlAN MILLIMAN FULCHJNI ENTERPRISES INC JOHN F BAER JR VENETIANAPARTMENTSOFVEROBEACH HERMOSA PROPERTIES LLC THE CLUB OF VERO CHRlSTINE SALTER HAGGERTY FAMILY LTD SCHLITT PROPERTY MANAGEMENT THE PALMS OF VERO BEACH BRIDWELL PATRlCIA BRIARWOOD APARTMENTS CAMPO ELI MUNOZ ANP CONSTANCE HILARY MCNOR PAULA LANE SARASOTA COUNTY BOARD OF COUNTY COMM VERO PINES LLC DENIS AND NORMA JEAN ROCK THOMAS GASKIN JOSEPH DECAR!A FA YETIEVILLE METRO HOUSING AUTIIORJTY PELICAN ISLE

AMOUNT 5,732,50

425.00 706.70

6,021.00 268,00

3,334,00 478.00 340.00 189.00 266.00 109.00 399.00

1,126,00 900.00 422.00

6,969.00 7,902.00

408,00 273.00 353.00 133.00 275.00

14,887.00 426.00

1,258.00 230.00

12,000.00 422.00 431.00

10,013,00 445.00 319.00

2,539.00 388.00

4,619,00 700.00 280.00 298.00

1,938.00 407.00 335.00

4,311.00 131.00 985.00 259.00

10,922.00 196.00 279.00 307.00 474.00 297.00 256.70 463.00 386.00 466.00 393.00 366.70

2,518.00

1 2

CHECKNBR CKDATE VENDOR AMOUNT 173933 03/29/2006 LINDA DIANE SELLERS 496.00 173934 03/29/2006 ,PATRlCK ESPOSITO 359.00 173935 03/29/2006 ROBERT & CHERYL ZITZMAN 523.00 173936 03/29/2006 GEORGIA DEPARTMENT OF COMMUNJTY AFFAIRS 2,326.80 173937 03/29/2006 MID FLORIDA RENTALS INC 574.00 173938 03/29/2006 SARAHCORMlER 296.00 173939 03/29/2006 PELICAN ISLE 48.7.00 173940 03/30/2006 EVERGLADES FARM EQUIPMENT CO INC 265.53 173941 03/30/2006 CLEMENTS PEST CONTROL 26.00 173942 03/30/2006 CONTECH CONSTRUCTroN PRODUCTS INC 778.00 173943 03/30/2006 PORT CONSOLIDATED INC 89,039.10 173944 03/30/2006 PARKS RENTAL & SALES INC 58.35 173945 03/30/2006 DEPENDABLE DODGE INC 458.30 173946 03/30/2006 FLORIDA DETROIT DIESE1< ALLISON 653.20 173947 03/30/2006 PRAXAIR DISTRIBUTION SOUTHEAST 44.35 173948 03/30/2006 GOODKNIGHT LAWN EQUIPMENT INC 38.34 173949 03/30/2006 AUTO SUPPLY OF VERO BEACH INC 752.07 173950 03/30/2006 AUTO SUPPLY OF VERO BEACH INC 2,187.05 173951 03/30/2006 COMMIJNICA TIONS INTERNATIONAL 5,969.30 173952 03/30/2006 ROBINSON EQUIPMENT COMPANY INC 152.92 173953 03/30/2006 TEN-8 FIRE EQUlPMENT INC 15,547.62 173954 03/30/2006 TOSHIBA BUSINESS SOLUTIONS FLORIDA 7.12 173955 03/30/2006 IKON OFFICE SOLUTIONS 114.38 173956 03/30/2006 KIMLEY HORN & ASSOCIATES 2,831.00 173957 03/30/2006 KIMLEY HORN & ASSOCIATES 140,022.18 173958 03/30/2006 KIMLEY HORN & ASSOCIATES 38,000.00 173959 03/30/2006 VBWE FORD INC 596.41 173960 03/30/2006 SAFETY PRODUCTS INC 120,90 173961 03/30/2006 RINKER MATERIALS CORP CSR 2,074.57 173962 03/30/2006 DATA FLOW SYSTEMS INC 2,520.15 173963 03/30/2006 KNIGHT & MA THIS INC 713,92 173964 03/30/2006 DICKERSON AGGREGATES INC 11,068.18 173965 03/30/2006 $EWELL HARDWARE 130.88 173966 03/30/2006 P ARALEE COMP ANY INC 350.00 173967 03/30/2006 CINGULAR WIRELESS 1,546.36 173968 03/30/2006 DELTA SUPPLY CO 1,095.05 173969 03/30/2006 E-Z BREW COFFEE & BOTTLE WATER SVC 75.75 173970 03/30/2006 INDIAN RIVER BA TrERY 1,574.53 173971 03/30/2006 RING POWER CORPORATION 336.25 173972 03/30/2006 FLOWERS BAKlNG COMPANY 66.35 173973 03/30/2006 FLORIDA COCA-COLA BOTTLING CO 622.10 173974 03/30/2006 SOUTHERN EAGLE DISTRIBUTORS INC 451.45 173975 03/30/2006 WILLIAM THIES & SONS INC 262.60 173976 03/30/2006 ALPHA ACE HARDWARE 76.45 173977 03/30/2006 AMERICAN CONCRETE INDUSTRIES 1,320.00 173978 03/30/2006 ACTION ANSWERING SERVICE 468.72 173979 03/30/2006 INGRAM LIBRARY SERVICES INV 28.47 173980 03/30/2006 F&W PUBLICATIONS 38.92 173981 03/30/2006 MUMFORD LIBRARY BOOKS INC 25,509.16 173982 03/30/2006 QUALITY BOOKS INC 47,27 173983 03/30/2006 MIKES GARAGE & WRECKER SERVICE 110.00 173984 03/30/2006 SERVICE CHEVROLET INC 345.95 173985 03/30/2006 FLOW TECHNOLOGY INC 35.81 173986 03/30/2006 GAYLORD BROTHERS INC 504.17 173987 03/30/2006 VIDEO PALACE 850.00 173988 03/30/2006 APPLE INDUSTR1AL.SUPPLY CO 214.76 173989 03/30/2006 HACH CO 588.80 173990 03/30/2006 ICIPAINTS 323.88 173991 03/30/2006 SYSCO FOOD SERVICE 1,325.27 173992 03/30/2006 COASTAL BIO SYSTEMS INC lI 287.00

2 3

CHECKNBR 173993 173994 173995 173996 173997 173998 173999 174000 174001 174002 174003 174004 174005 174006 174007 174008 174009 174010 174011 174012 174013 174014 174015 174016 174017 174018 174019 174020 174021 174022 174023 174024 174025 174026 174027 174028 174029 174030 174031 174032 174033 174034 174035 174036 174037 174038 174039 174040 174041 174042 174043 174044 174045 174046 174047 174048 174049 174050 174051 174052

CKDATE 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006

· 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006

VENDOR PETERSON & ASSOCIATES INC MASTELLER & MOLER & REED INC DEEP SIX DIVE SHOP INC BERNAN HUGHES SUPPLY INC NATIONAL WATERWORKS PETES CONCRETE EGPINC ALL-RITE WATER CONDITIONING VERO BEARING & BOLT AM ENGINEERING & TESTING INC BRODART VIDEO ELPEXINC FIRESTONE TIRE & SERVICE ST LUCIB BATTERY & TIRE CO SOLINETINC ABCO GARAGE DOOR CO CARTER ASSOCIATES INC MACHO PRODUCTS/ RED MAN ATLANTIC COASTAL TITLE CORP HOMELAND IRRIGATION HINTONS CARPET CLEANING HILL MANUFACTURING CO INC R&GSODFARMS CUES INC HAGEMEYER XEROX CORP SUPPLIES LAPSCOINC CARQUESTAT.JfOPARTS GOODYEAR AUTO SERVICE CENTER SIGNS IN A DAY BAKER & TAYLOR ENTERTAINMENT BAKER & TAYLOR ENTERTAINMENT BAKER & TAYLOR ENTERTAINMENT MIDWEST TAPE NORTHERN SAFETY CO RECORDED BOOKS ARAMARK UNIFORM SERVICES LOWES CO INC GRAPHX PRINTING DOWNTOWN DISCOUNT PRODUCE INC ODYSSEY MANUFACTURING CO PRECISION CONTRACTING SERVICES INC WIGJNTON FIRE SPRINKLERS B&S SOD SERVICE & DIST INDIAN RIVER COUNTY HEALTH DEPT INDIAN RlVER COUNTY HEAL TH DEPT FlRSTLAB REXEL CONSOLIDATED ELECTRIC SUPPLY SUN BELT MEDICAL NOR TRAX EQUIPMENT CO RELIABLE POLY JOHN SEBASTIAN OFFICE SUPPLY CO COMMUNITY ASPHALT CORP HARBOR BRANCH ENVIRONMENTAL LAB INC GREENE INVESTMENT PARTNERSHIP LTD PERMA-FIX PARKS AND SON INC JEFFREY K BARTON INDIAN RIVER COUNTY HEALTH DEPT

AMOUNT 1,011.00 4,300.00

79.95 261.32

5,783.11 73,982.84

600.00 1,294.40

216.00 274.87 740.00 200.00 678.80

1,908.72 225.55 375.15

95.00 39,118.10

190.65 225.00 78.98

2,172.00 263.00 240.00

1,501.99 504.18 746.00 129.00 26.62

557.60 30.00

3,960.30 6,509.55

518.04 840.55 325.81 364.75

1,061.55 1,014.52

721.00 189.99

21,616.40 1,600.00 1,950.00

120.00 SQ.00

4,730.00 1,525.75 1,178.10 1,071.80

751.72 167.50 305.72

7,730.99 315.00

2,156.25 750.00

4,103.10 89,686.74 69,884.87

3 4

CHECKNBR. CKDATE VENDOR AMOUNT 174053 03/30/2006 INDIAN R1VER COUNTY HEALTH DEPT 50.00 174054 03/30/2006 INDIAN RIVER COUNTY HEAL TH DEPT 625.00 174055 03/30/2006 DA YID C NOLTE 263,210.61 174056 03/30/2006 INDIAN R1VER COMMUNITY COLLEGE 24,077.00 174057 03/30/2006 VICTIM ASSISTANCE PROGRAM 5,643,87 174058 03/30/2006 ROGER J NICOSIA DO 1,500.00 174059 03/30/2006 CITY OF VERO BEACH 1,551.08 174060 03/30/2006 CITY OF VERO BEACH 1,683.74 174061 03/30/2006 CITY OF VERO BEACH 9,625.00 174062 03/30/2006 CITY OF VERO BEACH 465,095.31 174063 03/30/2006 CAMP DRESSER & MCKEE INC 95,373.91 174064 03/30/2006 BEST WESTERN VERO BEACH 625;00 174065 03/30/2006 INDIAN RIVER ALL FAB 471.00 174066 03/30/2006 HOME DEPOT 38.75 174067 03/30/2006 GENERAL ELEVATOR SALES & SERVICE 140.00 174068 03/30/2006 UNITED PARCEL SERVICE 24.86 174069 03/30/2006 ALLlED TRAILER SALES & RENTALS 150.00 174070 03/30/2006 FLORIDA ASSOCIA TlON OF HOUSING AND 862.96 174071 03/30/2006 PETTY CASH 11.99 174072 03/30/2006 INDIAN RlVER COUNTY 291.62 174073 03/30/2006 RJVERSIDE NATIONAL BANK 532.06 174074 03/30/2006 RONALD L TESNOW 73.95 174075 03/30/2006 JANlTORJAL DEPOT OF AM.ER1CA 716.13 174076 03/30/2006 AMERITREND HOMES 500.00 174077 03/30/2006 BELLSOUTH 82.95 174078 03/30/2006 BELLSOUTH 275.01 174079 03/30/2006 PUBLIX PHARMACY 89.95 174080 03/30/2006 MGB CONSTRUCTION INC 500.00 174081 03/30/2006 ARTHUR J GALLAGHER & COMPANY 13,395.00 174082 03/30/2006 GEM-DANDY, INC 222.38 174083 03/30/2006 INDIAN RIVER COUNTY UTILITY SERVICE 285.97 174084 03/30/2006 TOTAL TRUCK PARTS 702.16 174085 03/30/2006 INTERNATIONAL GOLF MAINTENANCE 83,007.67 174086 03/30/2006 CULTURAL COUNCIL OF IRC 24,395.98 174087 03/30/2006 FLORIDA WATER & POLLUTION CONTROL 115.00 174088 03/30/2006 GEOSYNTEC CONSULTANTS INC 1,527.94 174089 03/30/2006 OFFICE DEPOT BSD CUSTOMER SVC 3,159.85 174090 03/30/2006 LEGACY BUILDING SYSTEMS 990.00 174091 03/30/2006 BURGOON BERGER CONSTRUCTION 500.00 174092 03/30/2006 R ZORC & SONS BUILDERS INC 4,927.48 174093 03/30/2006 MERCEDES HOMES INC 1,000.00 174094 03/30/2006 MERCEDES HOMES INC 14,550.00 174095 03/30/2006 GHO DEVELOPMENT CORP 1,000.00 174096 03/30/2006 PERUGINI CONSTRUCTION 500.00 174097 03/30/2006 CHAMBER OF COMMERCE 6,301.88 174098 03/30/2006 CHAMBER OF COMMERCE 13,235.28 174099 03/30/2006 ST JOHNS RIVER WATER MGMT DISTRICT 1,000.00 174100 03/30/2006 WEST PAYMENT CENTER 128.75 174101 03/30/2006 FEDERAL EXPRESS 75.22 174102 03/30/2006 ELIZABETH JORDAN 5.00 174103 03/30/2006 RANDY HINES 500,00 174104 03/30/2006 KILPATRICK TURF EQUIPMENT INC 94.91 174105 03/30/2006 MANPOWER 2,252.50 174106 03/30/2006 THOMSON I GALE 408.84 174107 03/30/2006 RIVERS END NURSERY LLC 1,025.00 174108 03/30/2006 OSCEOLA PHARMACY 63.58 174109 03/30/2006 FLORlDA POWER AND LIGHT 55,017.17 174110 03/30/2006 SHELL CREDIT CA.RD CENTER 26.33 174111 03/30/2006 TITLEIST 3,507.61 174112 03/30/2006 M-R HOMES LTD 500.00

4 5

CHECKNBR CKDATE VENDOR AMOUNT 174113 03/30/2006 MIKE CLIFFORD 300.00 174114 03/30/2006 FLORIDA DEPARTMENT OF STATE 75.00 174115 03/30/2006 FLORlDA DEPARTMENT OF STATE 75.00 174116 03/30/2006 JOHN LLOYD BUILDERS 1,500.00 174117 03/30/2006 SUSAN HANSEN 34.22 174118 03/30/2006 RCL DEVELOPMENT INC 500.00 174119 03/30/2006 LAW ENFORCEMENT SUPPLY CO INC 718.72 174120 03/30/2006 CHILBERG CONS1RUCTION CO INC 280,737.00 174121 03/30/2006 WASTE MANAGEMENT 361,437.79 174122 03/30/2006 STATE OF FLORIDA 1,323.37 174123 03/30/2006 FLORIDA DEPT OF ENVIRONMENTAL 200.00 174124 03/30/2006 AKERMAN, SENTERF!TT, BT BL 448.30 174125 03/30/2006 NATIONAL ASSOC OF COUNTY PARK 35.00 174126 03/3012006 SCHOLASTIC/GROLIER/CHlLDREN PRESS 939.40 174127 03/30/2006 BRACKETT PARK.ER & ASSOC 500.00 174128 03/30/2006 TREASURE COAST SPORTS COMMISSION 1,711.55 174129 03/30/2006 JANNACH PROPERTIES 1,950.00 174130 03/30/2006 BRENDA DA VIS 5.65 174131 03/30/2006 LOS ANGELES DODGERS 54,079,26 174132 03/30/2006 JONES & JONES INC 500.00 174133 03/30/2006 SALEM PRESS 1,796.90 174134 03/30/2006 ESRl INC 2,000.00 174135 03/30/2006 JOHN FRAZIER 13.34 174136 03/30/2006 TOTAL PRINT INC 39.50 174137 03/30/2006 AT YOUR SERVICE 540.00 174138 03/30/2006 RENAISSANCE ORLANDO RESORT 264.27 174139 03/30/2006 WEST SIDE REPROGRAPHICS INC 175.97 174140 03/30/2006 DOUGLASJROY 500.00 174141 03/30/2006 GOVERNORS HURRICANE CONFERENCE 175.00 174142 03/30/2006 JOHN DESJARDINS 170.00 174143 03/30/2006 FLORIDA OUTDOOR EQUIPMENT, INC 3,839.98 174144 03/30/2006 LYNNE S GAGNON 140.00 174145 03/30/2006 NICK MILLER INC 56,050.20 174146 03/30/2006 REGA TT A CONSTRUCTION LLC 500.00 174147 03/30/2006 IDEA GARDEN ADVERTISING 1,196.00 174148 03/3012006 KELLY CONSTRUCTION & DEVELOPMENT INC 500.00 174149 03/30/2006 BRIDGE DESIGN ASSOCIATES INC 9,496.80 174150 03/30/2006 SMIGIEL PARTNERS XII LID 43,616.67 174151 03/30/2006 DONADIO AND ASSOCIATES ARCHITECTS 71,423.65 174152 03/30/2006 FLORIDA ENGINEERING SOCIETY 125.00 174153 03/30/2006 THE UNIFORM SHOP 124.00 174154 03/3012006 C & C ELECTRlC WORKS INC 1,576.00 174155 03/30/2006 CARTON CONSTRUCTION CO INC 500.00 174156 03/30/2006 NATIONAL ASSOC OF ENVIRONMENTAL 150.00 174157 03/30/2006 RAYMOND MOSSMAN 170.00 174158 03/30/2006 GLOBAL BUILDING CORP 500.00 174159 03/3012006 GLOBAL BUILDING CORP 1,000.00 174160 03/30/2006 GCR TIRE CENTER$ 4,136.03 174161 03/30/2006 KERY JONES 265.40 174162 03/30/2006 SARAH BATCHELLOR 1,589.07 174163 03/30/2006 TOUSA Ho:tv!ES 27,200.00 174164 03/3012006 SHRIEVE CHEMICAL CO 3,716.05 174165 03/30/2006 TRJ-DIM FILTER CORP 2,607.50 174166 03130/2006 TREASURE COAST TITLE AGENCY INC 67.93 174167 03/30/2006 HOLIDAY BUILDERS 76,945.08 174168 03/30/2006 J:NO!AN RJVER PROJECT MANAGEMENT 500.00 174169 03/3012006 MARONDA HOMES 7,500.00 174170 03/30/2006 INSTITIITE OF TRANSPORTATION 37.00 174171 03/30/2006 KB HOMES 5,500.00 174172 03/30/2006 GILLESPIE, JOHN D 500.00

5 6

CHECKNBR CK DATE VENDOR AMOUNT 174173 03/30/2006 HULETT ENVIRONMENTAL SERVICES 175.00 174174 03/30/2006 FLAGLER CONSTRUCTION EQUIPMENT llC 1,276.65 174175 03/30/2006 GREAT SOUTHERN CONSTRUCTION 93.84 174176 03/30/2006 GREAT SOUTHERN CONSTRUCTION 436.91 174177 03/30/2006 MALCOLM PIRNIE INC 1,781.10 174178 03/30/2006 APRIL MCCLURE 63.50 174179 03/30/2006 ROOT BROS WC 500.00 174180 03/30/2006 N SUE & ROBERT A MARSHBANKS JR 16.12 174181 03/30/2006 PAULA CANTLON 229.60 174182 03/30/2006 SYNAGRO OF FLORIDA-A&J WC 7,219.48 174183 03/30/2006 JPG ENTERPRISES WC 1,000.00 174184 03/30/2006 ENGLAND ENTERPRISES INC 345.00 174185 03/30/2006 POLYDYNEWC 5,292.00 174186 03/30/2006 BURNHAM, RICHARD B 500.00 174187 03/30/2006 HOMES BY CALTON LLC 3,500.00 174188 03/30/2006 THE OLDE RANGEMASTER, LLC 84.33 174189 03/30/2006 PALEO DISCOVERIES 150.00 174190 03/30/2006 RANDOM HOUSE WC 214.65 174191 03/30/2006 WINGATE INN 282.00 174192 03/30/2006 HANKS SEWER & DRAW CLEANING 1,145.13 174193 03/30/2006 GREEN BROTHERS CONSTRUCTION 5,50Q.OO 174194 03/30/2006 MOVIE LICENSWG USA 720.00 174195 03/30/2006 R.M.R. LLC CARWASH 11$.50 174196 03/30/2006 PARADISE HOMES 500.00 174197 03/30/2006 JOHNS EASTERN COMPANY !NC 3,000.00 174198 03/30/2006 NEW WORLD SYSTEMS 8,261.86 174199 03/30/2006 NEW WORLD SYSTEMS 875.00 174200 03/30/2006 LENNAR HOMES 10,000.00 174201 03/30/2006 . ISAIAS AND ELDA GAMEZ 500.00 174202 03/30/2006 SUZANNE MASTERS 36.83 174203 03/30/2006 THOMAS BOUREGY & CO INC 138.50 174204 03/30/2006 GAILEY, BOBBY 3,000.00 174205 03/30/2006 KELLY ALGER 50.32 174206 03/30/2006 ELECTRONIC ESSENTlALS INC 21.24 174207 03/30/2006 WHISPERING PALMS MHC LLC · 57,915.00 174208 03/30/2006 VEROSTOWAWAYLLC 6,221.95 174209 03/30/2006 TRBMBLA Y BUILDERS & ASSOC!A TES INC 16,416.25 174210 03/30/2006 PRIME STAKES INC 1,647.00 174211 03/30/2006 WOODSIDE HOMES 18,558.23 174212 03/30/2006 WOODSIDE HOMES 500.00 174213 03/30/2006 BONNIE HECK 20.00 174214 03/30/2006 BEACHLAND CLEANING SERVICE 825.00 174215 03/30/2006 HARCROS CHEMICALS, WC. 2,964.88 174216 03/30/2006 TARMAC AMERICA, LLC 25,253.91 174217 03/30/2006 KEYSTONE DEVELOPMENT 2,500.00 174218 03/30/2006 GERDAU AMERlSTEEL 4,659.02 174219 03/30/2006 JMJINC 700.00 174220 03/30/2006 BETTY BEATTY-HUNTER 188.75 174221 03/30/2006 MAROONE CHRYSLER-JEEP 31,114.00 174222 03/30/2006 ADVANTAGE COMMUNICATIONS, WC 1,800.00 174223 03/30/2006 STANLEY CONSULTANTS INC 161,118.36 174224 03/30/2006 CMCRESCUE 273.32 174225 03/30/2006 PEMBERTON, INC 1,850.00 174226 03/30/2006 THEF!RESTORE.COM 5,910.50 174227 03/30/2006 LUCAS MARWE CONSTRUCTION WC 190,746.36 174228 03/30/2006 CONSERVATION FUND THE 15,000.00 174229 03/30/2006 CONSERVATION FUND THE 7,920.00 174230 03/30/2006 HAZMATDQE 2,355.00 174231 03/30/2006 SUSAN DA VIS BOOKSELLER 155.00 174232 03/30/2006 DENNIS E LEHTO 9.06

6 7

CHECKNBR 174233 174234 174235 174236 174237 174238 174239 174240 174241 174242 174243 174244 174245 174246 174247 174248 174249 174250 174251 174252 174253 174254 174255 174256 174257 174258 174259 174260 174261 174262 174263 174264 174265 174266 174267 174268 174269 174270 174271

Grand Total:

CKDATE 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006 03/30/2006

VENDOR SUNSHINE GAS SERVICE INC WILLI.AM H & GLENN B MCCLURE TROPICAL BRICK PA VERS INC ANTIIONY SOFIA KA TIIERINE GEHR.KE THE SHORES RESORT & SPA VENESSA CARTER SOLOMON TUSCANY ENTERPRISES INC ANTHONY GALANTO DOMENIC MACELLARI GHOLAMREZATOR.KAMAN PAUL EASTWOOD SEBASTIAN WICKER & PATIO EVERGLADES FARM EQUIPMENT CO INC AUTO SUPPLY OF VERO BEACH INC AUTO SUPPLY OF VERO BEACH INC APPLE INDUSTRIAL SUPPLY CO BOUNDTREE MEDICAL DELL INC. BLAKESLEE MAINTENANCE BAKER & TAYLOR ENTERTAINMENT ARAMARK UNIFORM SERVICES FLORIDA TIRE RECYCLING INC CAMP DRESSER & MCKEE INC BELLSOUTH BELLSOUTH CALLAWAY GOLF FLORIDA POWER AND LIGHT CHARLES SEMBLER TAX COLLECTOR APPLIED TECHNOLOGY & MANAGEMENT BOOK WHOLESALERS INC ENVIRONMENTAL CONSULTING AND AKERMAN, SENTERFITT, ET EL DOCKERS NEWPORT SPORTSWEAR BURDETTE & ASSOCIATES INC ANNAFONTANA CMS SPECIALTY SERVICE LLC CREATIVE FLOORS OF VERO BEACH INC C AND J LEASING CORP .

AMOUNT 180.00 67.93

1,800.25 800.00 500.00

99.00 184.07 199.25 500.00 500.00 500.00 937.66

1,855.00 144.53 197.67 45.34

3.96 377.90 289.00 475.00 575.84 100.05

1,662.60 3,239.32

. 6,237.18 36.35

184.38 3,270.24

542.50 17,731.16

768.43 20,652.11

1,653.95 539.47

18,884.00 67.43

5,208.00 6,183.00

425.54 3,686,399,23

7 8

CONSENT AGENDA APRIL 11, 2006

To:

Date:

Subject:

From:

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

April 3, 2006

APPOINTMENTS TO THE HISTORIC RESOURCES ADVISORY COMMITTEE (HRAC)

Wesley S. Davis, Commissioner

76

Mr. Anthony Donadio, architect appointee for the Historic Resources Advisory Committee (HRAC), resigned effective March 14, 2006.

Mr. Chris Crawford, A.I.A., is a local Architect who is currently the Citizen-at-Large appointee to HRAC. I recommend that Mr. Crawford be moved to the vacant architect appointee position leaving a vacancy for a Citizen-at-Large appointee.

Ms. Anna J. Brady, a local historic preservation consultant, has submitted an application to serve on the HRAC. I recommend that she be appointed to fill the Citizen-at-Large appointee position.

HRAC members serve a two year term and both terms would run to 2008.

A copy of Ms. Brady's Committee Application and resume are attached.

WSD/drv

Attachments

F;IEICC\Agenda ltems\2006\Appoinlments & Resignations\HRAC • Brady and Crawford Appointments.doc

9

INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT

DATE: March 27 2006

NAME: Anna First

J M.I.

Brady Last Name

RECEIVE[ MAR 2 9 2006

BOARD Or' COUNTY COMMISSION

ADDRESS:_ ........ 1 ..... 7_..46...,2=0'"-th~C=ourt=•-V._.er=o...,B=e=ac=h,._, F...,1.,..on=· d=a~32=9..,,6.,,_0 ________ _

HOME PHONE#: (772) 978-1885

BUSINESS PHONE#: (772) 633-7865

CELL PHONE#:

EMAIL: _ ____.An=n=aJ=B=ra=d-Y@......,ao=l.=co=m...__ ______________ _

HOW LONG HA VE YOU BEEN A RESIDENT OF INDIAN RIVER COUNTY? 25+ yrs. In Vero B1;ach.

ARE YOU A FULL TIME OR PART TIME RESIDENT? (CIRCLE ONE)

~PARTTIME

PLEASE LIST CURRENT EMPLOYER OR BUSINESS. IF RETIRED, PLEASE LIST ANY BUSINESS EXPERIENCE THAT MAY BE APPLICABLE TO A SPECIFIC COMMITfEE:

Soon to be Self-Employed as an Historic Preservation Consultant

DISTRIBUTION LIST . \,./\""";

Administrator ---

Community Dev. ---0 •

PLEASE LIST ANY LICENSES YOU PRESENTLY HOLD:. ______ ~~:""':,~mr~~,t,l::"",r:,m::::m-:,-:.:.:_

0MB -----

Recreation ----

Othef ('r,__g. .fi t)e,.,,.r-,.~,.-_

10

PLEASE LIST ANY ORGANIZATIONS OF WHICH YOU ARE CURRENTLY A MEMBER:

Florida Trust for Historic Preservation

Indian River County Historical Society

Main Street Vero Beach

PLEASE LIST ANY OTHER COMMITTEES OR BOARDS YOU CURRENTLY SIT ON:.

Indian River County Historical Society

PLEASE PUT A "X" NEXT TO THE COMMITTEE YOU WOULD LIKE TO SERVE ON. IF YOU ARE INTERESTED IN MORE THAN ONE, PLEASE NUMBER YOUR CHOICES IN ORDER OF PREFERENCE:

AGRlCULTURE ADVISORY COMMITTEE

BEACH & SHORE PRESERVATION ADVISORY COMMITTEE

BOARD OF ZONING ADJUSTMENT

CHILDREN'S SERVICES ADVISORY COMMITTEE

CODE ENFORCEMENT BOARD

COMMUNITY DEVELOPMENT BLOCK GRANT

CITIZEN ADVISORY TASK FORCE

CONSERVATION LANDS .ADVISORY COMMITTEE

CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS

ECONOMIC DEVELOPMENT COUNCIL

ECONOMIC OPPORTUNITIES COUNCIL (STATE COMMITTEE)

EMERGENCY SERVICES DISTRlCT ADVISORY COMMITTEE

ENTERPRlSE ZONE DEVELOPMENT AGENCY

ENVIRONMENTAL CONTROL HEARlNG BOARD

HISTORIC RESOURCES ADVISORY COMMITTEE .x INDIAN RIVER COUNTY EXTENSION ADVISORY COUNCIL

LAND ACQUISITION ADVISORY COMMITTEE

11

MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE

METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMM.

NORTH BARRIER ISLAND CORRIDOR PLAN TASK FORCE

PARKS AND RECREATION COMMITTEE

PLANNING & ZONING COMMISSION

PRIMARY CAREIPUBLIC HEALTH COMMITTEE

PROFESSIONAL SERVICES ADVISORY COMMITTEE

PUBLIC LIBRARY ADVISORY BOARD

STATE ROAD 60 ONGOING REVIEW TASK FORCE

TOURIST DEVELOPMENT COUNCIL TREASURE COAST REGIONAL PLANNING COUNCIL-

COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY

UTILITY ADVISORY COMMITTEE WABASSO CORRIDOR PLAN ONGOING REVIEW TASK FORCE

Ple.ase return completed application, along with a current resume, to Kimberly Massung at 1840 25th Street, Vero Beach, FL 32960-5965. Any questions, please call 772-226-1433.

F:\BCC\Fonns\Committee Application.doc Revised: 06-21-2005

•,.... .,• I• - -. \, .- T""'- . 'F'I ..... ~~ ... -- .t. .... 1=--.L=-- ..J __ 12

Education

Continuing Education

Work Experience

Anna J. Brady 17462()• Court

Vero Beach, Florida 32960 (772) 633-7865

[email protected]

Mary Washington College, Fredericksburg, Virginia B.A., May 199S Double Major: Historic Preservation and French

Central European University, Budapest, Hungary Summer Course, July 1997 "Cultural Heritage in Danger"

Academia Istropolitana, Bratislava, Slovak Republic Post-graduate study, September 1996-June 1997 Architecture and Urban Heritage Conservation

Centre d'Etudes Francaises, Avignon, France Study Abroad, January-August 1994 French Language and Literature: 14th CenlJro: Architecture

City of Fort Pierce, Fort Pierce, Florida Historic Preservation Officer (November 2003- March 2006) Coordinated promoted and implemented the City of Fort Pierce Historic Preservation Program. Provided technical, architectural, and historical guidance, as well as standards, guidelines, recommendations and procedures to · city staff, governmental officials, boards, commissions and the public. Prepare, assess and review historic designation and certificate of appropriateness applications for the Historic Preservation Board and City Commission. Oversee the Historic Preservation Tax Relief Program. Perfonn duties that help maintain the City in good standing as a Certified Local Gove=ent.

Anna Jackson Brady, Vero Beach, Florida Historic Preservation Consultant (July 2000 - October 2003) Provided professional consultant services in the field of Historic Preservation to the Indian River County Historical Society and the City of Sebastian. This work included the preparation of National Register Nominations, writing and administering grants, developing a collections policy and procedure manual, managing volunteers and providing administrative support and professional guidance to boards and committees.

13

Special Skills And Interests

Computers

Conferences/ Seminars

Language

Cultural Council of Indian River County, Vero Beach, Florida Executive Assistant (October 1999 - May 2000) Provided clerical support to the Executive Director. Managed, supervised and trained volunteers. Assisted with special events planning and implementation, brochures, and publications.

Moor and Associates, Architects, Vero Beach, Florida Draftsperson/Intern (May 1998-October 1999) Worked as an architectural intern producing hand-drafted working drawings for high-end residential architecture finn.

National Park Service Regional Office, Omaha, Nebraska lnternship/NCPTE (March 1998 - April 1998) Assisted the architectural historians in th11 Division of Cultural Resources helping them to prepare and edit National Historic Building Survey (HABS) and Historic American Engineering Record (HAER) transmittals to the federal government.

Historic Preservation as a Smart Growth strategy, planning tool for preserving community character and catalyst for revitalization and economic development. Architectural hand-drafting and photography.

Proficient with Microsoft Word and Office Programs, WordPerfect, Lotus Notes and the Internet.

1998 US/ICOMOS (International Council on Monuments and Sites) International Symposium, " Questions of Interpretations: Historic Urban Settlements & Cultural Tourism", Washington, DC.

1998 52nd Annual National Trust for Historic Preservation, " The Art and Economics of Preservation", Savannah, GA.

2001 "Codes for Historic Buildings Seminar'', Florida Trust for Historic Preservation, Lakeland, Florida.

'2001 Cult'Ural Resource Management Training "Working with the Trades", Florida Trust for Historic Preservation, Fernandina. Florida.

2004 "Using the Secretary of the Interior's Standards for the Rehabilitation of Historic Properties", National Preservation Institute, Jacksonville, Florida.

2006 "Preservation Law", Florida Trust for Historic Preservation.

Fluent in French.

14

To:

Date:

Subject:

From:

CONSENT ITEM APRIL 11, 2006




April 4, 2006

Appointment to the Enterprise Zone Development Agency (EZDA)

Kimberly E. Massung Executive Aide to the Commission

The City of Vero Beach has advised that Councilmember Ken Daige will be their representative on EZDA, replacing Debra Fromang.

No Board action is necessary.

/kim

F:IBCC\Agenda ltems\2006\Appolntments & Reslgnations\EZDA-Daige.doc 15

17b CONSENT AGENDA

APRIL 11, 2006



To: Members of the Board of County Commissioners

Date: · March 31, 2006

Subject: Resignation from the Economic Development Council

From: Kimberly E. Massung Executive Aide to the Commission

Mr. David Silverman sent a letter resigning from the Economic Development Council (EDC) as the real estate appointee.

A copy of Mr. Silverman's resignation letter dated December 29, 2005 is attached.

KEM/drv

Attachment- Letter dated December 29, 2005

F:IBCC\Agenda ltems\2006\Appointments & Resignations\EDC-Silverrnan Resignation.doc

16

,,._ ''

COLOWeu BAN~eRO

ED SCHLITT, L.C.

ThutSday, December 29, :ZOOS

Realtors Association of Indian River County, Inc, 2182 Ponce de Leon Circle Vero Beach, FL 32960

Attn: Carol Hawk

Re: Economic Development Council

Del!? Carol,

.,, "":'f .. ••::::r,•;'"·.'' :SG 1 :se,;j•- 682s,

DAVE &r MARmA. SILVERMAN, P.A., CRS, ABR. Brokt.r - Tt!AL!Oil,S•

SEBAsnAN 1209 US l!lGHWAY •l S!BAST!AN, PL 32058

VEl!OBfACll 2027 lND!AN RIVER SLVO.

WI\O Bl!ACII, PL 32960 'W'WW.tffiU\'\nt(:Otithol'lld,COl\'i.

I would like to withdraw from membership in the Economic Development Council

Each Office 1$ lnd<!jlP.ndently OWnod And Operate~.

. ': '. -.

17

To:

Date:

Subject:

From:

7~ CONSENT AGENDA

APRIL 11, 2006




March 31, 2006

Appointment to the Economic Development Council

Kimberly E. Massung Executive Aide to Commission

Attached please find a memo from Mr. Jim Gregg, Governmental Affairs Committee Chairperson, to the Realtors Association of Indian River County, Inc. dated January 17, 2006 appointing Mr. Scott Carson as their representative to the Economic Development Council.

Mr. Carson will be replacing Mr. David Silverman and his term expires in January 2008.

KEM/drv

Attachments - Memo dated January 17, 2006 Governmental Affairs Committee Meeting Minutes dated

January 17,2006 Committee Application and Resume for Scott Carson

F:\BCC\Agenda ltems\2006\Appointments & Resignations\EDC-Appolntment - Carson.doc

18

Memo To: Board of Directors

REAL TORS® Association of Indian River County, Inc.

2182 Ponce de Leon Circle Vero Beach, FL 32960

From: Jim Gregg, GAG Chairperson

Date: January 17, 2006

Re: Economic Development Council Appointee

The GAC Committee at its meeting on January 6, 2006 approved a motion for recommendation to the Board of Directors regarding the following item:

The committee chooses Scott Carson as the appointee to the Economic Development Council.

Please consider this item for your approval.

C:\Documents and Setting$\d;,rcyvll..ocal Sattings\Temporary Internet F'iles\OLK4\ElOD memo Econ Dev Council appointee.doc

19

BOD Minutes 1/11/2006 Page 4 of s

GAti; Reqiiest Alit?oihtrnerif of·•· sd6tf · c.i.:rsori to EDC .,. The Directors reviewed a memo from the Governmental Affairs Committee requesting that Scott Carson be the RA!RC appointee to the Economic Development Council. Carol Hawk informed the Directors she was contacted by David Silverman and that Dave was planning to resign his position on the Council. Motion

.was made, second and approved to approve the recommendation that Scott Carson be the RAIRC appointee to the Economic Development Council. Staff will write the EDC and make them aware of Dave's desire to resign his position and the Association's desire to appoint Scott Carson to take his seat on the council.

uest MLS Late Fee Wavier - Kovach irectors reviewed a request from Edward J. Kovah

Estat Inc. to refund his late for his tardines paying H' MLS fees the October-December 2005 arter. He explained ·s office was destroyed by Hurricane ilma and he paid the bil s soon as he was able to get ba up and running. His pn e lines and etc were not re ored until December 6, 2005. otion was made and seco to refund the

of $100.00. ion ensued t t the Palm Beach area was declared a F~era disaster a a following hurricane and further n that Mr. ovach had paid the following quarter of MLS es in a imely m~nner. Vote was called and motion was appro refund the $100.00 for the MLS Fees as requested Ed Kovach. Staff will notify Ed of the decision of the Boa a Directors.

Re est Refund Dues - Rus The Directors reviewed written reque dated December 19, . ' 2005 from Linda Rust EALTOR requesti a refund of her dues paid in October of 2005. Motion was m e and second to deny the request t refund dues. Discussion sued as to the circumstances of e request. Items discussed re the doctor's lette stated Ms. Rust was able to work s of January 1, 20 6, and it was noted the license oft Rust remained ac ive at the real estate.firm. The request tated that her sband had taken a job in Lakeland. Carol re that al fees to NAR, FAR, RPAC, etc. had been remitted o those ssociations. Vote was called and motion was approv to de y the request of Ms. Rust to refund her dues. Staff wil notify Linda of the decision of the Board of Directors.

20

RECEIVED MAR 2 2 2006 RECEIV

BOARD OF COUNTY MAR 2 O 2006 COMMISSION INDIAN RIVER COUNTY.

APPLICATION FOR COMMITTEE APPOINTMEN~Y!:..!::=====1

DATE: 3 -.::2, e:>- Z.DC,t;,,

NAME: __ . S"c.ott- CAtu:.o,.J First M.I. Last Name

ADDRESS: ( (.')6 O <:::-AfLO.i..i NA Ct't2-c..1..t1- S'~ Vs.te.o~CN,.f'L 3;,..q,;1..

HOME PHONE#:

BUSINESS PHONE #:

CELL PHONE#:

'i '1 ,._ - 7 'i '+ -;J. 'i S" .s-7'7;)..-77 '8'-J 0(}';)..

7 '] ;)..- '1 33 -S"'f ~

HOW LONG HA VE YOU BEEN A RESIDENT OF INDIAN RIVER COUNTY? ti £ y ll-S

ARE YOU A FULL TIME OR PART TIME RESIDENT? aYLL Tajj) PART TIME (CIRCLE ONE)

PLEASE LIST CURRENT EMPLOYER OR BUSINESS. IF RETIRED, PLEASE LIST ANY BUSINESS EXPERIENCE THAT MAY BE APPLICABLE TO A SPECIFIC COMMITTEE:

/, · ~CJ,MJ,i!.'- nd'/t.f4.. fllA'- gs7"):l.rlt., .:I;N c. - B,,,.,(,l.l!l.,&./11.s..r,eiA.Mt . . I .:2__ G-..,,.14,,t1t.:0l/ilrfl'I-/ t1/o(2.r4ACJ.L - R,a_ot,r!.1¥/&wNtll.l'l- · .

PLEASE LIST ANY LICENSES You PRESENTLY HOLD: Gott./o A ;2uc_ i£..s:rr.1 re. /J~o /Ct!Ut-

1 6-o«. /.4,4 @p11. .,-.,,_;f(ld I!. /ll'L17('4S,R., 0

6...,fll.. i OA · &tr.(t,.,S.,(/JP.NDl!lN"r. ~/t.ltl(i;,,Atfi/.4 Le..Nb6(1...

C:\Documents and Settings\mlusquinos\Local Settings\Temporary Internet Files\OLK20\Committee Application.doc 21

PLEASE UST ANY ORGANIZATIONS OF WIDCH YOU ARE CURRENTLY A MEMBER:

(!4.r4 £...,..,,,AS llsse>.c.i.a-r,t:,,._; oe .XN:>iAAI f?i.v""'- ~"'.v:!Y ~df2.iJ.R )

14.,,.,. P 11/ 11.r/,.,.,,• '- /Is s-,c.11,?i ",.1 df Riw 1..rm,-2. 1 f;,, ,,,._,ti"' .,.. N'A 11:, ..... , ,._ . • Gr,(.,/

A~.s.,v. ,,, f%itt11S-11,[email protected](IU2..f. T""oiA,-J f<tvd"?::#JtlmBff..H •

Cdl...,.,f111/1,tL4,E.. PLEASE LIST ANY OTHER COMMITTEES OR BOARDS YOU CURRENTLY SIT ON:

c;:..,v £..a.;,J ftt.//1,NT ;/ r-1,A i fl...J Ct,1"11,n t-,-,-;t:1,-Ji! - !Pu t:..TYJ /LS 1/ss'.fll/.

g ca,N om ic. b 1tv tLLeJf"l"l{J.N'T "b ,.., ,s ,;;.v - C!~e.,s,,,_ '"" ~"'.

PLEASE PUT A "X" NEXT TO THE COMMITTEE YOU WOULD LIKE TO SERVE ON. IF YOU ARE INTERESTED IN MORE THAN ONE, PLEASE NUMBER YOUR CHOICES IN ORDER OF PREFERENCE:

AGRICULTURE ADVISORY COMMITTEE

BEACH & SHORE PRESERVATION ADVISORY COMMITTEE

BOARD OF ZONING ADJUSTMENT CHILDREN'S SERVICES ADV1SORY COMMITTEE

CODE ENFORCEMENT BOARD

COMMUNITY DEVELOPMENT BLOCK GRANT

CITIZEN ADVISORY TASK FORCE

CONSERVATION LANDS ADV1SORY COMMITTEE

CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS

ECONOMIC DEVELOPMENT COUNCIL x' ECONOMIC OPPORTUNITIES COUNCIL (STATE COMMITTEE)

EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE

ENTERPRISE ZONE DEVELOPMENT AGENCY

ENV1RONMENTALCONTROLHEARINGBOARD

HISTORIC RESOURCES ADVISORY COMMITTEE INDIAN RIVER COUNTY EXTENSION ADVISORY COUNCIL

LAND ACQUISITION ADV1SORY COMMITTEE

C:\Documents and Settings\darcyv\Local Settings\Temporary Internet :Files\OLK4\Committee Application.doc · 22

MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE

METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMM.

NORTH BARRIER ISLAND CORRIDOR PLAN TASK FORCE

PARKS AND RECREATION COMMITTEE

PLANNING & ZONING COMMISSION

PRIMARY CARE/PUBLIC HEALTH COMMITTEE


PUBLIC LIBRARY ADVISORY BOARD

STATE ROAD 60 ONGOING REVIEW TASK FORCE

TOURIST DEVELOPMENT COUNC1L

TREASURE COAST REGIONAL PLANNING COUNCIL-

COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY

UTILITY ADVISORY COMMITTEE WABASSO CORRIDOR PLAN ONGOING REVIEW TASK FORCE

Please return completed application, along with a current resume, to Kimberly Massung at 1840 25th Street, Vero Beach, FL 32960-5965. Any questions, please call 772-226-1433.

F:IBCC\Forms\Committee Application.doc Revised; 06-21-2005

C:\Documents and Settings\mlusquinos\Local Settings\Temporary Internet Piles\OLK20\Comrnittee Application.doc 23

EXPERIENCE

Jan. 2004 To Present

Scott Carson 1060 Carolina Circle SW

Vero Beach, Florida 32962 (772) 794-2955

The Carson Company LLC dba Guardian Mortgage Vero Beach, Florida Owner/ Broker Florida Licensed Correspondent Mortgage Lender and full-service mortgage broker

Oct. 2003 Guardian Financial Network, Inc. Vero Beach, Florida To Jan. 2004 Division President/Mortgage Broker/Net Branch Owner-Manager

Feb. 2002 Michael Thorpe Real Estate, Inc. Vero Beach, Florida To Present Broker/Associ,1te, Realtor, Designations are: GR!, ABR, e-Pro, CCIM Candidate Member

Voted "Rookie of the Year' by Realtor Association of Indian River County Chairman of Realtor Association Political Action Committee

1999 through 2001 Retired and living in Vero Beach, Florida.

1991 to 1998

1988 to 1991

Trumbull Financial Corporation and Trumbull Savings and Loan President and Chief Executive Officer

Warren, Ohio

• Led a $525MM independent, community-based, shareholder-owned savings bank with seven branches and one loan production office.

• Grew bank from $325MM to $525MM and achieved an "outstanding" CRA rating. • Received no "write-ups" on external audit management letter for three years. • Created a strategic plan to bring ROE to over 15%. Grew core non-interest income 476%,

from $525K to $2.5MM annually. Reduced expense ratio from 2.1%to 1. 7%of assets. • Entered the secondary market and serviced up to $400MM of loans for FHLMC and FNMA

in 15 states. Developed a quality correspondent network in eight states. Used DU & LP. • Tripled mortgage and doubled consumer and commercial loan production by implementing

new products, procedures and marketing plans. Doubled the cross-sell ratio of the bank. • Converted a state-chartered savings and loan to a state savings bank and chartered a

unitary thrift holding company. Opened a successful loan production office in Cleveland. • Negotiated merger to realize 3.25 x book and 33 x earnings for shareholders. • Increased share value from $26 in 1992 to $140 at announcement, a gain of over 500%.

Home Savings Bank President and Chief Executive Officer

Appleton, Wisconsin

• Improved earnings from monthly losses to 15% ROE in this $149MM institution. • Introduced computerized loan origination system and sold loans to FNMA & FHLMC. • Reduced REO-to-assets ratio from 5.2% to .55% in 3½ years. • Redesigned products and procedures and introduced training, which led to improving the

cross-sell ratio from 1.26 to 2.23 with high employee morale and customer satisfaction. • Converted mutual state S&L to a state savings bank and executed a merger/conversion.

24

1985 to 1988

1971 to 1984

EDUCATION

INDUSTRY

COMMUNITY

MILITARY

Barclays Bank of North Carolina Greenville, North Carolina Senior Vice President - Community Banking Group

• Developed and supervised deposit and loan production, pricing, policies, products, compliance and19 branches in this statewide $225MM commercial bank. ·

• Tripled commercial and consumer loan production. • Reduced commercial and consumer loan delinquencies from 6.5% to 1.5%. • Designed and implemented loan and sales training, and officer call and incentive programs.

Taught RMA and Omega commercial and consumer lending courses. • Commercial loan authority was $300,000 unsecured and $500,000 secured.

AmeriFirst Bank Miami, Florida Regional Manager - Broward and Palm Beach Counties

• Supervised commercial and retail banking in a 17 branch region from 1980 lo 1984. • Achieved 235% of new commercial business development goal. • Rated highest region in customer service, teller and platform efficiency, and deposit

and loan production of AmeriFirst's six regions. • Built, staffed and successfully developed 10 new branch offices. Grew deposits lb $600MM. • Managed AmeriFirst's largest branch ($225MM), a very high-volume loan underwriting and

processing center and the highest rated full-service branch in Florida from 1974 to 1980.

• Florida International University Master of Business Administration

Miami, Florida 1980

• University of Florida Bachelor of Arts in History

Gainesville, Florida 1965

• Numerous formal courses and seminars in banking (National Commercial Lending School, RMA, Omega, Wilson Leaming, asset/liability management, strategic planning, sales, secondary marketing, Sheshunoff Affiliation)

• America's Community Bankers - Board Member, 1996 to.1999, Chairman of the Community Institutions Committee and member of the Government Affairs Council

• Ohio League of Financial Institutions - Board Member, 1994 to 1999 • American Council of State Savings Supervisors - Advisory Board, 1992 lo 1999

• American Red Cross - Trumbull County, Chairman, 1996 to 1998 • Boy Scouts of America - Greater Western Reserve Council, President, 1996 to 1998 • Junior Achievement - Mahoning Valley, Chairman, 1994 to 1996 • One Hundred for the Future of Trumbull County- Treasurer, 1994 to 1998 • Board Member - Regional Chamber of Commerce, United Way, Scope Senior Centers

• United States Air Force, 1966 to 1971 • United States Air Force Reserves, 1972 to 1990

Retired reserve lieutenant colonel. Awarded the Bronze Star in Vietnam, the Meritorious Service Medal at the Pentagon, and the Air Force Achievement and Commendation Medals at Homestead Air Force Base. Named "Honor Graduate" at AF Logistics School. Served as airborne radar controller, logistician and Pentagon long-range global strategic planner. 25

TO:

THROUGH:

FROM:

CONSENT AGENDA

INDIAN RIVER COUNTY, FLORIDA

BOARD MEMORANDUM

Joseph A. Baird, County Administrator ,,.-..,..,{)

James W. Davis, P.E., Public Works Directof-"g _

Terry B. Rauth, P.E., Capital Projects Mana~/Z.

SUBJECT: Contract Execution for IRC Bid No. 2006060

Oslo1 Road Clearing, 8th Court SE to 27'h Avenue SW

DATE: April 3, 2006

DESCRIPTION AND CONDITIONS

On March 21, 2006 the Board awarded bid No. 2006060 for Oslo Road Clearing to PJ's Land Clearing & Excavating, Inc. The award amount was $38,420.00 ·

RECOMMENDATIONS AND FUNDING

Staff recommends that the Board authorize the Chairman to execute the Contract Documents. Funding is from Account 10215341-066510-05003.

ATTACHMENT

Contract Books on file in Board Office

DISTRIBUTION

Jason Brown, Manager, IRC Budget and Management Office Jerry Davis, IRC Purchasing Manager James Boyette, IRC Capital Projects Division Richard Baker, PJ's Land Clearing & Excavating, Inc.

APPROVED AGENDA ITEM

BY: ~~.lll:LID~X.L

FO Agril 11 , 2006

F;\Publlc Works\Capital Projsots\OSLO,CLEARING\Agenda and Contract\ContractExecutlon4--3--06.doc

26

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR

OSLO ROAD CLEARING. 8th COURT SW to 27th AVENUE SW BID NO. 2006060

PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA ARTHUR R. NEUBERGER, CHAIRMAN GARY C. WHEELER, VICE CHAIRMAN

THOMAS S. LOWTHER, COMMISSIONER WESLEY S. DAVIS, COMMISSIONER

SANDRA L BOWDEN, COMMISSIONER .

JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARTON, CLERK OF COURT

WILLIAM G. COLLINS II, ESQ., COUNTY ATTORNEY TERRY B. THOMPSON, P.E., CAPITAL PROJECTS MANAGER

00001 Cover Sheet.doc 2 7 00001 - 1

TABLE OF CONTENTS

Table of Contents ................................................................... · ....................................... .

Advertisement for Bid ................................................... · ...... · ...................................... ..

Instructioru to Bidders .................................. · ................................................................ .

Special Provisions ......................................................................................................... .

Technical Provisions ............................................... · ................................. · ................... .

Bid FOI'll'.l, ........................................................................................................................ .

Bid Bond ................................. · ...................................................................................... .

Affidavit of Compliance .................................................................................... : ........... .

Statement ofDi~closure of Relationships .... : ....................................... , ... , ................... .

Bidder Qu.estionnaire .. · ....... : ....................................................................................... .

Bid Check ...,, ............................................................................................................................ .

Performance .i;,vau ............................................................................. , ................................. ..

Payment Bond ............. "" ......................................... ·· ............................... • .................... .

Exhibit A - Insurance Requirements .......................... : ................................................. .

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page2

page 3

pages 4-10

pages 11-12

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pages 17-18

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page23

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page26

page27

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28

ADVERTISEMENT FOR BID

Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following:

Indian River County Bid # 2006060 OSLO ROAD CLEARING, 8TB COURT SW TO 27m A VENUE SW

. Indian River County is accepting sealed bids to clear trees and brush from area designated on plans to allow relocation of utilities.

Detailed plans and specifications :for the above referenced bid are available from Capital Projects Division, 2nd Floor County Administration Building, 1840 25 th Street, Vero Beach, Florida 32960. (772) 226h1384. Contract Documents may be obtained by deposit of cash or check made payable to Indian River County, in the amount of $20.00 tor each set, which represents cost of printing, and handling and which is non refundable.

Deadline for receipt of bids has been set for 2:00 P.M. on March 1, 2006. Only bids received on or before the time and date listed will be considered. Bids mailed in should be addressed to Purchasing Division, 1840 25 th Street, Vero Beach, Florida 32960. Bids hand delivered should be delivered to 2525 St. Lucie Avenue, Vero Beach, Fl. 32960. All bids will be opened publicly and read aloud at 2:00 PM. All bids.received after 2:00 PM, of the

· day specified above, will be returned unopened.

The Board of County Commissioners reserves the right to accept or reject any and all bids in whole or in part and to waive all informalities. ·

Publish: F~bruary 8, 2005

PURCHASING MANAGER INDIAN RIVER COUNTY

For Publication in the Press Journal

Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 1840 25th St. Vero Beach, Fl 32960

Page 3 of39

29

INDIAN RIVER COUNTY INSTRUCTlONS TO BIDDERS

GENERAL TERMS AND CONDITIONS

Sealed Bids and Envelope Markings: All bids shall be submitted in a sealed envelope. The outside of the envelope shall be clearly marked with the Sealed Bid #, Title of the Bid, Date of the Bid opening, and Time of the Bid Opening.

Opening Location: It will be the sole responsibility of the bidder to deliver personally or mail their proposal to the office of the Indian River County Purchasing Division; 2525 St. Lucie Avenue, Vero Beach FL 32960, on or before the closing hour and date shown for receipt of bids. Bids received in person or by mail after the stated time and date will not be. considered.

Bid Submission: All proposals must be signed with the legal Finn name and by an Officer or employee having authority to bind the company or mm by his / her signature. Proposals shall be submitted on forms provided by Indian River County. Bids not submitted on the attached form shall be rejected. An original bid and one copy shall be submitted unless otherwise instructed. Should one desire to submit two separate bids, photocopy the bid form provided and s:ubmit on the reproduce form.

Withdrawal of Bids: Bids may be amended or withdrawn only by written notice prior to the bid opening. Amendments must be sealed. Amendments or withdrawals received after the bid opening will not be effective, and the origfo.al bid submitted will be considered.

Delivery Requirements: Delivery is "FOB Destination" unless delivery terms are specified otherwise in the Order. If County agrees in writing to reimburse Seller for transportation costs, County shall have the right to designate the method of shipment. In either case, the title and all risk of loss of the goods shall remain with the Seller until 1he goods received and accepted by the County. Rejected materials will be returned to Seller at the Seller's risk and expense.

Price and Discount Requirements: Quote net prices after deducting trade discounts. All discounts must be incorporated in the prices contained in the bid, and not shown separately, Invoices submitted must agree wifu the prices formally bid.

Taxes: Indian River County is exempt from any taxes imposed by State and I or Federal Govemment. Exemption Certificates, if required, are to be fumished by the successful bidder and will be filled out by the County.

Delivery and Completion Dates: Indicate delivery and completion dates. This may be a determming factor in the award of the bid. The County may at its option, grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the County and is due to causes beyond the control of the Seller. Such grant must be in writing and made part oftbe Order.

Irrevc,cable Offer: Bidder warrants by virtue of bidding that the prices quoted in this bid shall remain firm and be considered an irrevocable offer for a period of sixty ( 60) days, during which time one or more of the bids received may be accepted by Indian River County.

· Page 4 of39

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Assignment/Delegation: No right, obligation or interest in the Order shall be assigned or delegated by the Seller without prior written consent of the County, without prejudice to County's other rights and remedies. ·

Consideration of Bids: Telegraphic, telephonic, or faxed bids will not be considered.

Quality Guarantee: All equipment or material shall be fully guaranteed by the bidder against factory defects. Any defects which may occur as a result of either faulty material or workmanship within.the period of Manufacturer standard warranty will be corrected without expense to Indian River County. Should the product not be properly correctable, the successful bidder may be required to either replace the defective unit, or pick up the defective unit and refund any and all money that has been paid for the product. If i..'1 the County's judgment, the product reflects unsatisfactory workmanship or manufacturing, or if the product(s) is damaged in shipment, the County reserves the right to reject such items when they are presented for delivery. The supplier will be responsible for attomey fees in the event the supplier defaults and court action is required. ·

New Merchandise: All equipment and materials must be new and unused, and provided with title and warranty papers when applicable. This provision excludes surplus and used products.

Indemnification: The successful bidder shall agree to indemnify and save harmless Indian River County, its agents and employees, from and against all claims, suits, actions, damages, causes, or · action or judgments arising out of the ~erms of the resulting agreement for any personal injury, loss of life, or damage to property sustained as a result of the perfonnance or non-performance of services or delivery of goods, from and against any orders, judgments, or decrees, which may be entered against the County, its agents or employees; and from and against all costs, attorney's fees, expenses, and other liabilities incurred in the defense of any such claim, suit; or action, and the ,investigation thereof. Nothing in the award, resulting agreement, contract or Purchase Order shall be· deemed to affect the rights, privileges, and immunities of the County as set forth in Florida Statute_ Section 768.28.

Royalties and Paten.ts: The successful bidder shall pay all royalties and license fees for the equipment or processes in conjunction with the equipment their furnishing. Further, the bidder shall defend at their expense all suits, actions, or judgments alleging infringement on any United States Patent by reason of the use or resale of any piece of material furnished user and will save the County harmless from all expense of defending said suits and from all payments which may be assessed against the purchaser on account of such infringement.

· Public Access: The Seller shall allow public access to all docurilent.s and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Seller assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Seller. ·

Records/Audit: The Seller shall maintain books, records and documents pertinent to performance under this Order in accordance with generally accepted accounting principles consistently applied. The County shall have inspection and audit rights to such records for audit pw:poses during the t= of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation, appeals, or claims.

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Acceptance: Receipt of an item shall not be an indication that the items are acceptable. Final acceptance and authorization of payment shall be given after a thorough inspection indicates that the item is delivered in accordance with the Bid Specifications. Suppliers are advised that in the event the delivered item does not meet specifications, payment will be withheld until such. time the supplier takes necessary corrective action. ·

Descriptive Information: Descriptive literature including Specifications must accompany your bid. Manufacturer's name and model numbers are used herein solely for the purpose of estabHshing a standard of design, quality, and used of the merchandise required.. Products of other manufacturers will be {iCCep.table if they meet or exceed established standards with the exception of those items specified ''NO SUBSTITUTION". .

Variations to Specifications:· For purposes of evaluation, Bidder must indicate any variances from the specifications and I or conditions on the form provided with this Invitation to Bid . Otherwise, it will be assumed that the product or service fully complies with the specifications. Items specifically described as alternates shall be reviewed as an alternative bid to be considered by the County, in lieu of the primarily

. specified item(s). However, item(s) varying from the published specifications shall be considered substitutes, and the County reserves the right to consider or not to consider substitute bids. Substitutes shall be subject to disqualification if the County does not approve the substitution.

Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications. Every request for such an interpretation shall be made in writing, addressed and foiwatded · to Indim River County, ten (10) or more days before the date fixed for opening of the bids. The County shall not be responsible for oral interpri;ltations given by any County employee. Every interpretation =de to bidder will be in the form ef an Addendum to the specifications, which if issued, will be sent promptly as is practical to all persons to whom specifications have been issued. All such Addenda shall become part. of the specifications. Further, it shall be the responsibility of each bidder, prior to submitting their bid, to _contact Indim River County's Purchasing Division at (772) 567-8000 ext 1416 to determine if addenda were issued and to make such addenda a part of the',r bid.

Default Provision: In case of default by the Bidder, Indian River County may procure the articles or services from other sources and hold the Bidder responsible for excess incurred thereby, and may take such action, as it deems appropriate, including legal action for Damages or Specific Performance.

ll(anufacturer's Certification: Indian River County reserves the right to request fro:m the Bidder a separate manufacturer's certification of all statements made in the proposal.

Signed Bid Considered an Offer: This signed bid shall be considered an offer on the part of the Bidder. Indian River County Board of County Commissioners shall deem the offer acc:epted upon approval.

Non Collusion: By signing and submitting the Bid Form., the Bidder certifies that,

• This bid has been arrived at by the bidder independently and has been submitted without collusion, and without any agreement, understanding, or planned common course, or action with, any vendor of materials, supplies, equipment, or services described in the invitation to bid, desi&lled to limit independent bidding or competition, and

Page 6 of39

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• The contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid.

• No attempt has been made or will be made by the bidder to induce any other person(s) or finn(s) to submit or not to submit a bid for the purpose of restricting competition.

Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity ( defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be a;warded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold. amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $25,000) for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means ·a violation of any state or federal law by a person with respect to and directly related to. the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services; any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

· Regulations: It shall be the responsibility of the bidder to assure compliance with any OSHA.EPA and/or other Federal or State of Florida rules, regulations, or other requirements, as each may apply.

Applicable Law and Venue: This Order and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the F1orida Uniform Cp=ercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated in this Order.

Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-la:w, mother-in-law, daughter-in-law, son-in-lcr:w, brother-in-law, sister-inlaw, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County approv:ed form. Failure to submit the form may be cause for rejection of the bid.

· Cancellation: It is the intention of Indian River County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service. Any failure of thesupplier to satisfy the requirements of the County shall be reason for termination of the award.

Page 7 of39

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Errors; When ari error is made in the bid extension of generating total bid prices ·or in any other process of completing the bid, the original unit prices submitted will govem. Carelessness in quoting prices, or in preparation of the bid otherwise, will not relieve the bidder.

Bid Rejection: Failure to comply with all the above instructions may result in rejection of the bid.

Bid Protest: Any actual or prospective bidder who is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Manger. The protest shall be submitted in writing within seven (7) calendar days after such aggrieved person knows or should have known the facts rise thereto. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly

· issue a decision in writing, after consulting the Department and the Office of the County Attorney.

Co-Operative Purchasing: It is the intent of the Invitation of Bid to secure goods or services to be used by Indian River County. However, by virtue of bidding, the bidder accepts the right of other Florida Governmental agencies to purchase from this bid proposal. The successful bidder and the requesting Govemrnental agency, apart from Indian River County, shall handle any such purchas!='s separately. Further, Indian River County assumes no liability for materials or services ordered by any · other Governmental agency by virtue of this bid. (Bidders that.find this condition unsatisfactory should indicate this by showing exception on the Bid Form.) ·

Awards: The County reserves the right to make award.(s) by individual item, aggregate or none, or a · combination thereof; with one or more suppliers; to cancel the bid, reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is no competition to the lowest responsive bidder, evaluation of other bids is not required. Bidders are cautioned to make no

· assumptions unless their bid has been evaluated as being responsive. The County reserves the right to not make any award(s) under this bid.

Criteria for Award: A. Compliance to the specifications B. Delivery C. Warranty and Service Location D. Cost E. Public Entity Crime Form F. Disclosure Statement

. Termination by the County: The County reserves the right to terrninate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the contractor fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause. '

Compliance with _Laws and Regulations: Bidder agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this order, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts.

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34

• Public Record Law: Correspondence, materials, and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119, Florida Statutes.

· • Safety Standards: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of the Federal Occupational Safety and Hazards Act (OSHA), American National Standards I:ristitute. Safety Standards, and any Florida standards there under.

• Material Safety Data Sheets: In accordance with Chapter 442, Florida Statutes, it is the seller's duty to advise Indian River County if a product is a listed toxic substance and to provide a Material Safety Data Sheet (MSDS) · at the time of delivery.

Insurance:

• Owners and Subcontractors Insurance: The contractor shall not commence work until they have obtained all the. insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work us covered by the protections afforded by the contractor's insurance.

• Worker's Compensation Insurance; The contractor shall procure and maintain worker's compensiition insurance to the extent required by law for all their employees to be engaged in work under this contract. In ·case any employees are to be engaged in hazardous work under this contract and are not protected under the worker'.s · compensation statute, the contractor shall provide adequate coverage for the protection of such employees.

• Public Liability Insurance: The contractor shall procure and maintain broad form co=ercial general liability insurance (including contractual coverage) and co=ercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be oerformed.

COMMERCIAL GENER.AL (PUBLIC) LIABil..ITY, OTHER THAN AUTOMOBILE

$1,000,000.00 COMBINED SINGLE LIMlT FOR BODILY INJURY AND PROPERTY DAMAGE

AUTOMOBU,E

$1,0ll0,000.00 COMBINED SINGLE UMXT llODlL Y INJURY AND DAMAGE LIABILITY

Commercial Generl\l A. Premises / Operations B. Independent Contractors C. Products I Completed Operations D. Personal Injury · E. Contractual Liability F. ExplosiOJl, Collapses, and Ullderground Property Damage

A. Owner Leased Automobiles B. Non-Owned Automobiles C. Hire Automobiles

• Prouf uf Carriage of Insurance: The contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required. Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement-naming owner as Additional Name Insured must accompany the Certificate of Insurance.

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35

lndian River County reserves the right to accept or reject any or all bids in whole or in part and waive all formalities.

Note: Any and all special conditions attached hereto, which may vary from these General Conditions, shall have precedence.

END OF GENERAL TERMS & CONDITIONS

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36

SPECIAL PROVISIONS

The County reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any bidder to perform the work. If, after the investigation, the evidence of competency and financial ability is not satisfactory, the County reserves the right to reject the bid. Successful bidder is required to provide a Certificate of Competency to do work·in Indian River County.

EXAMINATION OF THE SITE

TJ.i.e work is located on Oslo Road between 8th Court SW and 27th Avenue SW.

Before submitting this bid, the bidder shall visit the job site in order to ascertain the prevailing local conditions, which may affect the work to be done.

No payment for additional work or materials shall be made upon any claim of changed conditions(s) if such condition(s) could have been reasonably foreseen upon diligent examination of the site prior to submission of the bid. · '

CONTRACT PRICE The County shall pay the CONTRACTOR based on the unit price amount for actual work performed at· the price(s) stated on the bid form upon completion and :(inal acceptance by the County. No additional .payment shall be made to the CONTRACTOR except for additional work or materials as ~tated on a valid change order issued by the County prior to the performance of the work or delivery of materials.

FINAL PAYMENT ACCEPTANCE: The acceptance by the CONTRACTOR of final payment due on termination of this contract shall constitute a full and complete release of the County from any and all claims, demands and causes of action whatsoever which the CONTRACTOR. its successors or assigns have or u,ay have against the County under the provisions of this contract.

COOPERATION/COORDINATION The OWNER and its authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work and materials.

Work by OWNER: The County hereby reserves the right to perform activities in the area where work is being done under this contract with its own forces. ·

Work by Other CONTRACTORS: · The County hereby reserves the right to permit other CONTRACTORS to work within the area, which is the site of the work under the contract.

Coordination: . CONTRACTOR shall afford OWNER and other CONTRACTORS · reasonable opportunity for the 'introduction and storage of their equipment, materials and the execution of their work concurrently, and shall properly coordinate its work with theirs in the best interest of the County.

COMMENCEMENT OF WORK The work shall commence immediately upon receipt of a Notice to Proceed.

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37

DEFECTIVE WORK AND MATERIALS. All materials furnished or work done,· when not in accordance with the intent of these Specifications, shall be rejected and shall be removed immediately and replaced by suitable and satisfactory work and materials. Failure to reject any defective work or materials will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of bis obligation to fulfill his contract even though such work and materials have been previously inspected by the OWNER and accepted; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a on~ (1) year period after the final acceptance.

If the CONTRACTOR fails to r=.ove any defective work or materials, the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR.

If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Contract price.

DAMAGE TO THE WORK. Until final acceptance of the work by the OWNER, it shall be under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to the work by the action of the elements, or from any other cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make good, at bis own.expense, damages to any portion of the work before its completion and acceptance.

FINAL CLEANUP. Before the work is considered complete, all rubbish and unused material due to, or connected with, the work must be removed and the premises left in a condition satisfactory to the OWNER. All property, public or private, disturbed or damaged, during the execution of the work shall be restored to its fonner condition. Final payment will be withheld until such work is accomplished.

SAFETY AND PROTECTION Safety. The CONTRACTOR shall furnish and install al 1 necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner best calculated to avoid injury to the public or to the workers.

Protection of Adjacent Property and Utilities: The CONTRACTOR shall conduct his work in such a . manner as to. avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through bis operations. The CON'I'RACTOR shall take cognizance of al 1 existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation. Should the OWNER be required to make such repairs, the cost of such repairs shall be deducted from the contract price,

END SPECIAL PROVISIONS

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38

INDIAN RIVER COUNTY OSLO ROAD CLEA.RING, 8TB COURT SW TO 27TH A VENUE SW

TECHNICAL PROVISIONS

SECTION TITLE

General Requirements • Scope ofvVork • Photographs · • Permits • Protection of Public

Site Work • Clearing

Page 13 of39

PAGE NUMBER

14

15

39

DIVISION 1 -:- GENERAL REQUIREMENTS

Section IA- Scope of Work

The project consists of furnishing all labor, materials, equipment, and services necessary to clear and dispose of all trees and vegetation as shown on the drawings and described in these specifications. Scope includes, but not limited to the following:

• Clear trees and brush one-inch in diameter or greater. Cut to a minimum height of 2" above existing grade.

• . Trim, protect and leave standing trees designated to remain. • Completely remove and dispose of all vegetative debris within the limits designated.

on the plans. • Remove and replace chain-link fence located within area to be cleared.

Section lB - Photographs

CONTRACTO.R shall take photographs of all work areas prior to construction and all unusual conditions during construction.

Section lC - Permits

The OWNER bas applied for the fudian River County Right-of-Way Clearing Permit.

Section lD - Protection of Public

CONTRACTOR shall erect and maintain sufficie!J.t safeguards around all clearing and grubbing operations, to protect the public from work area hazards.

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40

DIVISION 2 - MAINTENANCE OF TRAFFIC

Section 2A - Maintenance of Traffic

· 1. Contractor shall maintain traffic within the limits of the project for the duration of the clearing operation in accordance with the U.S. Department of Transportation's Manual on Uniform Traffic Control Devices (MUTCD) latest edition, FDOT Index 600 Series and FDOT Standard Specification Section 102.

2. Cost of Maintenance of Traffic shall be Lump Sum.

• Section 2B - Protection of Public

1. Provide, erect and maintain barriers, lights and other devices as required to protect general public, workers and adjoining property.

' ' '

2. There shall be no separate payment for protection of public. 'The cost shall be· included in the Lump Sum Price for Maintenance of Traffic.

DIVISION 3 - SITE WORK

Section 3A- Clearing

1. Trim back trees and brush that extend in to area designated on plans to be cleared.

2. Clear trees and brush one inch in diameter or greater from designated clearing area, except trees and brush designated in field to remain.

3. Cut to a minimum height of2" above existing grade.

4. Backfill any holes or depressions resulting from clearing operations.

5. Completely remove and dispose of all cleared materials.

6. Cost of all work wider this Section shall be included in the unit price for clearing.

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41

DIVISION 4 - FENCING

. Section 4A- Type B Chain-Link Fence

1. Furnish, erect and reset fence in accordance with Index 452 ofFDOT Design Standards for Type B Chain-Link Fence.

2. Fabric shall be Zinc Coated Steel, No. 9 gage (coated wire diameter), coated at the rate of 1.8 oz./sf.

3. Relocation of existing fence gate shall include all appurtenances and labor to construct. Relocated fence gate shall be ih equal or better condition than existing.

4. Existing gate at construction trailer shall be salvaged and reset.

5. Existing fence and post shall be removed and replaced with new fence.

6. Payment for removal and replacement offence shall be per linear foot of new fence, measured in-place. There. shall be no separate payment for removal of existing fence.

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42

INDIAN RIVER COUNTY

PURCHASING DIVISION

1840 2518 STREET, VERO BEACH FL 32960 (772) 567-8000 EXT 1416 FAX (772) 770-5140

BIDFORM-

SPECIFICATIONS FOR: OsLo ROAD CLEARING, 8TH COURT SW

BID NUMBER:

BID OPENING DATE:

BID OPENING LOCATION:

Bm:

T027™AVENUESW

2006060

MARCH 1, 2006 AT 2:00 PM

PURCHASING DIVISION 2525 ST. LUCIE AVENUE VERO BEACH FL 32960

The undersigned, as CONTRACTOR, declares that he/she has reviewed the plans and specifications for the scope of the project, visited 'the premises to review existing conditions and has reviewed the contractual documents thereto; and has read all special provisions furnished Prior to the opening of Bids; that he/she has ~atisfied himselfi'herselfrelative to the work to be performed.

The CONTRACTOR proposes and agrees, if this Bid is accepted, to contract with the County in the form . of the Work ii1 full and complete accordance with the shown, described, and reasonable intended requirements of the plans, specifications and Contract documents to the full and entire satisfaction of ihe County.

BIDDERS ARE REQUESTED TO BID _ON ALL ITEMS,

UNIT TOTAL QUANTITY UNIT PRICE PRICE

1. Maintenance of Traffic and Protection of Public: 1 Lump Sum 4,900.00 4,900.00

2. Clearing Vegetation: 6.2 Acres 4, soo; oo 29,76'0.00 (4.2 acres from 27th Ave. to 20th Ave., 2.0 acres from 20th Ave. to Eastern Terminus)

3. Fencing, Type B (Std., 6') 230 LF 12.00 2,760.00

4. 4" Dia. Gate Post (Type B, 6') 2 Each 100.00 200.00

s. Reset Existing Fence Gate 2 Each 150.00 300,00

. If the Contract amount exceeds $25,000.00 please identify the cost of the Bond to be added to the Base Bid Amount. ·

,'

Performance and Payment Bond 1 Lump Sum _'""s'"'-.o..;..o ..... o.;..o;.._ 500 •. 00

TOTAL AMOUNT OF BID (IN FIGURES): $38,420.00

TOTAL AMOUNT OF BID (IN WORDS): Thi:i:ty .eight thousand four hundred • . Wwenty dollars and no cents

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43

Addenda:

The following Addenda _have been received and are included in the Base Bid:

AddendumNo. l A.ddendum No. 2 Addendum No. 3 Addendum No. 4

Yes_ Yes_ Yes Yes_

Date __________ _

Date~---------Dat~------------Date _____ ;._ ____ _

Time of Completion: . . The Work shall commence immediately upon receipt of Notice to Proceed and shall be substantially complete on or before 45 consecutive calenda:r days thereinafter ...

Acceptance of Bid: The CONTRACTOR understands and agrees that the Owner reserves the right to accept or reject any or all Bids submitted within 90 calendar days from the date of the Bid opening. CONTRACTOR agrees that it will not

, withdraw its Bid for said period oftiir\e, . ·

Owner anticipates award ofbid within tlrirty calendar days from bid opening. Time: Time is of the cssc:nce. The u:odersigned bidder agrees, that if awarded a contract, to execute an agreement wi1h.in fourteen days and provide necessary insurance forms in 1he same time frame. Any exception to these conditions :mu.st be noted in your Bid.

The undersigned hereby certifies that they have read and understand the conteDts of this solicita1ion and agree to fnrnisl!, at the prices shown any or all of the. items above, subject to aJl Instructions, conditions, specifications and attaclu:nents hereto, Failure to have read all the provisions of this solicitation shall not be cause to alter any rellulting contract or request additional compensation.

Respectfully Sub:mitted, P,J,'s Land clearing & Excavating, Inc. P.O. Box 540517 Greenacres

Nam7/:Ze ~ I! /· · Address <,/4,,,,,-- Greenacres, Fl, 33454 -------------~--Au tb o ri zed Signature ' City, State, Zip Code

Fr<;,sident / owner ( 5 61 ) .2.!Q_._9 9_3_8 ____ _ Title Phone

--~ 'e ,," 2-2~-20Q6 Date Signed . (CotJlorate Seal) .

-- ....... ......,,_ ,_.,

E-mail; . PJSLAND1@ Bellsouth. net

Occupational License: __ ...,F..,a=l,.,m"-'B=e""a""c:.oh ....... C .. o~-u,._n_..t..,y.__-_· _2 __ 0_0 __ 3_-_0_4_7_2_5_

FEIN Number: __ 6 s_-_o_B_9_6_3_1_0 ___ _

PX.EASE SUBMIT AN ORIGINAL AND ONE (1) COPY OF YOUR PROPOSED BID.,

Page 18 of39

44

02/28/2005 15:21 5617409981 ·pJ S LANDCLEARING PAGE 13

BID'BOND

KNOW ALL MEN BY TIIESE PRESENTS, that we P:. J. 's Land Clearing & Excavating. Inc. -P.O. Box 540517, Greenacres, FL 33454-0517' as

(BIDDER'S NAME) , P:r:incii,al, md RLI Insurance Company

. (SURETY'S NAME) . . , . • a co!."'oration duly orgt!!:'.ized under the LaW11 of'll'.e State of Plonda aa a S=ty with its pn..,e1pal offi01!18 in th: City of Sarasota and authorized to do business in the State of Florida, iltfl held 111.ld fi.mtly bound unto INDIAN RIVER COUNTY (hereinafter called the OWNER) in the penal sum of_ Five Pe:rc,ent of amount bid Dollars($ 5% of amt, bid ), lawful money of the

TJnited States, amoUD.ting to 5% of the total bid price, for tM payment of which sum well and truly be made; we bind omelves, our heirs, executors, ~sttators, and successors, jointly and severally, fim:lly by these pre$ents. · Where~ said Principal is herewith submitting a Bid datl)d Man)) l , , 20.JJ& fur the construction qf: ·

Project Name: . O.slo Rd. Clea:ring . Bid Number: 2006060 .. Project Address: 8th. Court SW to 27th. Avenue SW

ProjectDescription: Clearing Oslo Rd. Cl@a:ring, 8th. Court SW to 27th, Avenue SW, bid #2006060

NOW THBREFORE, the condition of the above obligation is such that If the Principal does not withdraw said Bid within tho poriod oftime•Sel•fortb. ms tbe Bid :tiocmm.e:r.s, r.,d on or befor., the fifteenth day after the Notice of Award, the Principle ent!iJt'S into a written!conttact with the OWNER in accordance with the Bid as accepted, and if the Principal gives the required bonds with good and sufficient snreties for the faithful perfol'l'Illlnce and proper fulfillment · of such :Contract and fur the protection of laborers and matmahnen, tben this. obligation shall be. null and void. Otherwise, the Principal and Surety, jointly and severally, shall on or before the sixtieth day after request by the OWNER. pay to the OWNER in :inon~, the diffe,:ence between the amount specified in said Bid and tho wowt fc.ir which the OWNER. may proc\lfl'l the required work if the latter amountis greater 1han the fonner, together with any expense and reasonable attorney fees, including appellate proceedings, incmred by the OWNER if suit is brought hei.-lilOn, but in no event shall Surety's liability exceed the penal sum hereof plus such expenses and attorney's fees.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several s~s this ..laJ;., day of March 20.2.§_, the name and corporate seal of each COl;'J)Orate party bemg hereto affixed and these presents duly signed by i1s UDdersigned representative pursuant to authority of its governing body. ' ·

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45

_02/28/2006 16: 21 5517409981 PJ S LANDCLEARING PAGE 14

WHEN THE P CIPAL IS AN N IVIDUAL: · .....•... ·········••. ·············-······························--······· Signed. sealed and delivered in the presenoe of:

Witness Signature of Individual

Address Printed Name of individual

Witness

Address

••••••••••••~••••••••••••a•••a•~•••••••••a••••••••••••••••-•M•••••••••••••••••a•••••m• WHEN THE PRINCIPAL lS A SOLE EB,OPRIETO!li!HIP OR OP~RATES UNDER A TRADE

.NAME: . Signed, sealed and delivered in the presence of:

N!ll)le of Partnership

BY: _________ _ Address

Witness Printed Name of Partner

(SEAL)

•••• , •••••••••••••••••••.•••.......•• , ••••••• ,# •••..••••••••••••••• , •...•••••••••• , .•• WBEN m,E PRINCIPAL IS A PARTNERSB!P= • Signed, $ealed and delivered in the presence of:

Witness Name of Partnership

Address BY: _________ _

Partner

Witness Printed Name of Pllrtner Page20 of39

46

02/28/2006 16:21 5617409981 PJ S LANDCLEARING PAGE 15 . '

(SBAL)

Address

••• •••• a •• a •• - • - ••• kWW • M.W • R •• - •••• -- ••••• ---- • - ••••• - • - ••••••• lll • - •••• • ••• I· •• -- • •··

WHEN '.lJlE ;e:RINCIPAL IS A CORPQRATION:

Attest:

J; 1..L. Sb£tu'f.>cO

Pri.!lted Name

01prui!L I Pr~ Official Title I

CERTlFICATE AS TO CORPORATE PRil'iCl'P AL

I Ju,(_ Sb U::!J)Oj;f . ..certify~t I am the Secretary of the oorporation named as Principal in the • within bond; that@o ,t .. L!l, I::;, Cl!'.:::: · , who signed the said bond on behalf of the_ Principal was then · •. - - of said co,:pontiom that X know his signature, and his si~ the!;l.l!o ~s g uin~ and that said ~ond was dttly signed, sealed and attested for and on bebalfofSmd ooiporatiorl. by . tho ty oflt.s govermngbody.

/,

cretary · (SEAL) · ·······~·········••. ················~········~···~···················~················ TO BE EXECUTED BY CORl"OR,Al.]; SURE'fX; :

Attest:

Suite 206

Business Add.T:css BY; ____________ _

(Affix: Corporate SEAL) John s. Hanis

Page 21 qf39

47

02/28/2006 15:21 5517409981

(Attach Power of Attorney)

John S. Harris Attorney-In-Fact

Coastal Bonding, Inc·.

Name of Loe.al [email protected] 11924 Forest RilI Blyd., Wellington, FL 33414

Business Address

STATE OF FLORIDA COtJNTY OF INDIAN RIVER.

Suite 22-323

PJ S LANDCLEARING PAGE: 16

Before me, a Notary '.Public, dilly commissioned, qualified and acting, personally appeared ----. John s. Haris to me well known, who being by me first duly sworn oath, says that he i$

the attorney-in-fact £or the RLI Insurance Company and that he has been authorized by_ RLl Insurance Co• to execute the foregoing bond on bebalf of the CON!RACTOR named

therein in fkvor of the County of Indian River, Florida. Subscribed arid sw o before me this-='"-"-'-day of March, ,2006. ·

My Cpmmi.ssion Expires: __________ _ ' :,

Auy claims under this bond shall be addreHed fo:

Name and addtess of Surety

Name and address of agent or representative in Florida if different from above:

Telephone number of Surety

RLI In'surance Company 6000 Cattleridge Dr., Suite 206

John S·. Hafrjs - Coastal Bonding, Inc. 11924 Forest Hill Blvd., Suite #22-323 Wellington, FL 33414

and agent or rc;presentative in Florida: ( 56) ).......2.il-5<.a<5;;:;.47'-------

Page22 of39

48

AFFIDA V1T OF COMPLIANCE

Indian River County Bid # 2006060 for Oslo Road Clearing, 8th Court SW to 2fh Avenue SW

[ii We DO NOT take exception to the Bid/ Specifications.•

D We TAKE exception to the Bid/ Specifications as follows: ___________ _

Company Name: P.J. 's Land Clearing & Excavating, Inc.

CompanyAddress: • P.O. Box 540517

Greenacres, Fl. 33454

TelephoneNtimber: 561-74,0-9938 · Fax: 561-740-9981 _ _;__;;..;___:;...;_.:;.::..::::_:_ __ _

E-mail: ___ ,::.P.:.J.=S=L.,_,A.,.N,:.D.!..1 :sc@B,:;escle.:1..,s..,o..,u.,_,t.,.h..._..n ... e,...t.._ _____________ _

·Authorized Signature: _.....,_.~:.::_;_·_:..-_/4/2.:__~.:...c.------- Date: 2-28- 20 0 6

Name: __ __:;P;..:a::.:t:;;:r:.::i:.::c:.::.k,:__cWc:,:ic=lc!:'.sc:::o.!!n _____ -'_ Title: Pres j deo·t L Qwoer (Typed/ Printed)

Page 23 of39

49

SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS

TIDS FORM.MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted with Bid, Proposal or Contract No. _ __...2~00~6~0~6:,e0 __ for

Oslo Road Clearing, 8th Court SW to 27th Avenue S":

2. This sworn statement is submitted by: P. J. 's Land Clearing & Excavating, Inc. name of entity submitting Statement)

3. whosebusinessaddressis: P.O. Bl!lx 540517, Greenacres,,,Fl. 33454 ·

and (if applicable) its Federal Employer Identification Nu,mber (J;7EIN) is 65-0 89 631.0 (If the

entity bas no FEIN, include the Social Security Number of the individual. signing this sworn

statement~· ___________ .)

My name is ___ P_a_t_r_· i_· c_k_W_1_· l_s_o_n __________________ _

(Please print name of individual. signing)

and my relationship to the entity named above is _.,..!::'.~~~!!S.-1...2:~!\\E. __ _:_ __ _

4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partnflrs, shareholders, employees, members, and agents who are active in the management of the entity.

5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows:

Father, mother, son, daughter, brother, sister, uncle, aunt, fust cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in~law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. ·

6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.]

XX Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee.

___ The entity submitting this sworn statement, or one or more of the officers, directors, execµtives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County empldyee:

Page 24 of39

50

Name of Affiliate or entity

Name ofCounty Commissioner or employee

STATE OF __ ;;.F.::.1 o;;,;r;;,;1;;_· d;;:;a::_..... ___ _

COUNTY OF __ P_a_l_m_B_e_a_c_h ___ _

Relationship

(Signature)

2-28-2006

(l)a:te)

The foregoing instrument was acknowledged before me this 2 8 day of Feb. , 20~ by_ Patrick Wilson who is personally known to-~ or who has produced

Personally. known identi cation.

(Seal)

Page 25 of39

i /

51

BIDDER QUESTIONNAIRE

The undersigned guarantees the truth and accuracy of all statements and aru,wers herein contained:

Indian River County Bid# 2006060 for Oslo Road Clearing, 8th Court SW to 27lb Avenue SW

1. How many years has your organization been in the business? ___ --.:.7.......,y-=e-=a:.:::,r.:::s _____ _

2. Number of employees "ON THE JOB" each week? ______ 1_0_ -~--"""lf. 1--------3, Will you subcontract any part of this work? Ifso, give details:----~"-......_ _______ _

. :lns:ta lla hnL- g _k-l //ltL

4. List three (3) references of individuals or corporations for which you bave performed this type work and to which your refer:

!)Firm Florida Fish & Wildlife Phone#(561<iJ 624 _ 6989

_Contact Jim Schutte

Contact Alan Mr;;J?herson

Contact Brett Johnson

5. Have you ever failed to complete work awarded to you: D Yes [:]No

Ifso, where and why? __________________________ _

6. What equipment do you own that is available for the work? _____________ _

Dump Truck & Trailer - Excavator & Loader

7. State the true, exact, correct and complete name ·of the partnership, coxporation, or trade name under. which you do business and the address of the place ofbusiness: .

CouectNameofBidder: F.J. 's Land Clearing & Excavating 1 Inc.

Address: 9396 Pinion Drive Lake Worth, Fl. 33467

Page 26 of39

52

THIS CHECKLIST IS PROVIDED TO ASSIST EACH BIDDER IN PREPARATION OF THEIR BID RESPONSE, THIS CHECKLIST IS ONLY A GUIDELINE IT rs THE RESPONSIBllJTY OF EACH BmDER TO READ AND COMPLY WITH THE INVITATION TO Bm IN ITS ENllRETY.

✓ Is the Jnvitation to Bid Form completed and signed?

✓ All price extensions and totals have been reviewed for accuracy?

✓ Is the Affidavit of Compliance completed, signed, and attached?

✓ Is the Warranty Information Form completed and attached (if applicable)?,

✓ Is the Disclosure of Relationship Swo:tn Statement completed, signed, notarized, and attached?

✓ Is each Bid Addendum (if issued) signed and included with the Invitation to Bid Fann?

✓ Is the Trench Safety Form completed and attached (if applicable)?

✓ Is the Bid#, Bid Title, and Bid Opening Date & Time marked clearly on the outside of the envelope?

✓ Is your company's name and address clearly printed on the outside of the envelope?

✓ Is the Jnvitation to Bid Fonn submitted in duplicate?

✓ Is the original marked "ORIGINAL" and is the copy marked "COPY"?

✓ Is all of the above in the envelope and is the envelope sealed?

If you have any questions about submission of the Invitation to Bid Form, please contact the Indian River County Purchasing Division at (772) 567-8000 ext. 1416 or by Fax at (772) 770-5140 or.via E-mail at [email protected]

Thank you for your interest!

Page27 of39

53

AGREEMENT· · This Agreement made and entered into this 21 day of __ _,Mc:;a::;r::..c:::h:::..... ____ _, 2006, by

and between l?. J. 's Land. Clearing & Excavating, Inc. ,

hereinafter called the Contractor and !ndian River Co\lllty herein called the Owner.

Witnessed; That whereas, the Owner and the Contractor for the consideration hereinafter named, agree as set forth below:

Article 1. Scope ofWork

As per. speci:ficatiom of advertised and sealed bid in Jndian River County Bid # 2006060 I Oslo Road .. Clearing. 8th Court·sw to 27th Averiue SW.

Contractor, as an independent Contra~tor and not as an employee, shall fil,.,:rish, for the ·sum cf Thirty Eight Thousand Four Hundred TV1enty anct9&1ars ($ 38., 420, 00 ), all of

the necessary labor, material, and .equipment to perform the work described in accordance with the Contract Documents. · ·

Article 2. Time of 'completion

90 Calendar Days from receipt of the Notice to Proceed.

Article 3. General

The Contractor hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature. of the obligation herein made; and shall complete the same the time limit specified herein in .accordance with the plans and specifications.

The Owner and Contractor agree to maintain records, invoices, and payments for the work. The Contractor shall provide Perfonnance and Payment Bonds for all work in this Agreement.

All work under this Contract ghall be done to tlie satisfaction of the Owner, who shall in all cas.es deteroiipe the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to ,be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part ofthe Contractor, and his decision thereon shall be final and conclusive; and such determination and decision, in case ay question shall arise, shall be a condition'precedent to the right of the Contractor to receive any money hereunder.

Any clause or section of this contract or specification which may for any reason be declared invalid by a court or competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will. remain in full force and effect as though such invalid clause or section has not been incorporated therein.

Article 4. Quantities and Prices

The Owner shall pay the Contractor for all work included and completed in accordance with this Contract, based on the items of work set forth in the Contractor's Bid Form.

Article 5. Acceptance and Final Payment

~en the work provided for under this contract has been completed, in accordance with the tenns thereof a payment request in the amount of such work shall be prepared by the Contractor, and filed with thE Owner within fi.fleen (15) days after the date of completion .

. Page2.8 o/39

54

In accordance with the Florida Prompt Payment Act, after .receipt of the Engineer's final acceptance by the Owner, the Owner shall make payment to the Contractor in the full amount. Payment of the l\Ullp sum

· amount and acceptance of such payment by the Contractor shall release the Owner from all claims or liabilities to.the Contractor in connection with this Contract.

Article 6. The Contract Documents

The General Conditions, Special Conditions, Specifications, Bid Documents, Insurance Requirements· (Exhibit A), Bonds, and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein,

Article 7. Venue

This agreement shall be governed by the laws of the State ,of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River Coun:ty, Florida, or in the event of Federal- jurisdiction, in the United States District Court for the Southern District of Florida.

OWNER:

INDIAN RIVER COUNTY

By: ___________ ~_

Arthur R. Neuberger, Chairman

. By: ~~2-Ph A . & l ncA' ' reph ABaird, County Adminis1rator

APPROVED AS TO F01J:1..L~i,--j1J.'l.u LEGAL

. SUFFI ~:t/ By: . /,JC-_

~. County Attome)I'

Jeffre,yK. Barton, Clerk of Court

Attest: _____________ _

DeputyClll!'k (SEAL)

nt

CONTRACTOR:

P.J; 's Land Clearing & Rxcavating, Ir.

By. ~~21£ (Contractor)

(CORPORATE SEAL) . ·

Attest ___________ ~.,.....,__,_

(If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.)

Address for giving notices:

License No. ___________ _ (Where applicable)

Agent for service of process: ______ _

Designated Representative: Name: Title: --'------------

Address:

Phone: ____________ _

Facsimile:------------~ ,., ... Page 29 of39·

55

' , .

PERFORMANCE & PAYMENT BOND (Public Work)

111 compliance with U.S. Chapter 255.05(1)(11)

, Bond No. 384356

Contractor: P.J. 's Land Clearing & Excavating, Inc. Name: P. 0, Box 540517 Address: Greenacres, FL 33454-0517 Phone No. (561) 740-9938

Surety; Name:

'Address:

Owner: Name: Address:

RLI Insurance Company 3307 ,Clark Rd., Ste. 204 Sarasota, FL 34231

Indian River County 1840 25th. St, Vero Beach, FL 32960

Phone No. (941) 926-76 72:

Phone No. ( 77 2) 226-1988

Obligee: Name:

(If contracting entity is different from the owner, the contracting public entity) Same

Address:

Phone No. Bond Amount: $ 48,025.00 Contract No. (if applicable):, _____ _

Descrpiton of Work: Oslo Road Clearing

Project Location: 8th. Court SW to 27th. Ave. SW

Legal Description:

FRONT PAGE All other page(s) are deemed subsequent to this page regardless ofany page number(s) that may be re• printed thereon.

56

Bond 1/381,356 X,E:8.FORMANCE BONO

K:qow all men by these presents: ?. J.'s Land Clearing & Excavating, Inc.

ByThlsBond, we:P,O, Box 54D517, G:r.eenaeres, FL 33454 0517 (561) 7110-9938 , (l,:i,ort . J:12';\cip_al busincstaddrm, and telophone number of Prmc,paVCom,,,ctor)

00 as Principal (Conttaclor) and O /!8 ~nn€ed i'"£~1;Y Suite 206 Ssr.asota FL 34232 (941) 343-ll . (lnsen name principlll bi,,il).O••• and lolcphone number of Surety) . th

a corporation, 11s Surety, are held and firmly bound 1.1nto the County of Indian River, Flonda, 1840 25 Street, Vero Beach, Florida 32960, ((772) 567•8000), in the sum of l?orty-)i:_i_gh_t Tho_u::;;s:,.:a:.:.n:=dc....---

) "''ritten '.J.'wenty-Five- ---- ---- ---- ------ Dollars($ 48,025.00 .' , " Amount) ... (Numrnc Am,;unt) . amounting; to 125% of the total bid price, Pot payment of said sum, we bind ou.'"Selves, our h~, ex<11cutors, administn1tions and assigns, jointly and severally, for the fiuthfol petlonnan~e _of a certam writtein Ccmi:rac:t, dated the Mercb 21, day of, ~O..QJL, entered into between the Principal and the · Co1lllty of Imlia:n River, for: •

Bond.Number: __ _:3:z,84:.;3~5::::6 ____________________ _

l>roject Name: ---"O!,!!!Sl.11.0Ai\!!,!:'0~lldiw,C~le!i/lalLriwn~gLI, 81!.!th-~<.!io~u...,rtL.':s~w~tol<.Slt1...h ... A.,.v-',!e.,.n...,11""e""S .... W,.._ __

J3id Number: ---~20~0~6~0!:/.)60~--~-----------------Project Add:resa: __ a_t_h_._c_o_u_r_t_s_w_t_o----' __ ._A_v_e_._sw ___________ _

A copy of said Contract is incorporated herein by reference 11nd is made II put hereof as fully C(llpied h-er•ein,

Now, ,Therefote, Toe Condition of this Obligation are such, that if the Principal shall in all respects comply with the t~s and conditions of said Contract and its obligations thereu:nder, including all of the Contract Docllments therein referred to arul made a part thereof, and such alterations a.s may be made in th):l Contract Drawings and Specifications as therein provided for, and shall indemniiy and save ha.nnloss the County of Indian River agaillBt and from all ex~enaes, dam.agea, injury or conduct, want of care o{ skill, negligence or default, including patent infringement on the part of the Principal, his agents or em,ployees, in the ex,.cutjon or pei:formance of said Contnct, inclm:ling errors in the Drawings furnished by. the Principal, 11nd further, if the Principal shall promptly make payments to all who supply him with labor and/or materials .used directly or indirectly by the Principal m the proaecution of the Work provided for in said COlltTact, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly 111d severally, agree to pay the County of UJ.dilUl River auil. difference between the sum that the County of ndian River may be obliged to pay for the completion of said Work, by contract or otherwise, and any 111.mages, _whether direct. indirect, or consequentia~ including reason,able attorney's fee (including ,ppellati: proceedings), wllich the County of Indian River may incur as a result of the failure of the 'ri.ncipal ta properly exocute all of the provisions of the Contract.

md, the said Principal and Surety hereby .further bind thmnae!ves their successors executors ~:tinis~ators an~ assigns, j_ointly and severally, that thoy will amply a~d fully protect th~ County of 1d1an River agamst, and will pay any and 1111 amounts, damages, costs md jud&ments which may be ,cove;i;,d against or which the County of Indian ruver niay be called upon to pay to a.n_y person or

· Page 30 q/39

57

02/28/2005 16:21 5517409981 PJ S LANDCLEARING PAGE 05

corporation by reason of any damage ansmg from the perfonnance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise.

And, the said Surety, for value received, hereby stipulates and agree, !hat no change, i,xteruion. of time, altent.ion or addition to the terms of tile Contract or to the work to be performed thereunder, or the Specifications or Ilravv:ings accompanying the same, shall in any way affect its obligati011S on this Bond, . and it docs hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications or Drawings.

And, the said Principal and Suraty jointly and severally covenant and agree that this Bond will remain in full force and eff'ect for a perfod of one yellt commencing on tho date of Final Completion as established in the Certificate ofFmal Completion as issued by the County of Indian River.

In Witness Whereof, the above bound pa.ties executed this instrument under their several seals,

this 21st. day of March 20....Qjj, the :na.me and corporate si,al of each oorpo,:u;te party being hereto affixed and these presents duly signed by its unc!Msisned representative, pursuant to authority ofits govemin2 body . ................................................ ~············~---····················· When the PrlDQi:oal is and IndividuJ!I: Signed, sealed and delivered in the presence of:


Address Printed Nani.e of Individual

Printed Name of Individual

Witness

Address

·······················································~·······················~······

Page!JJ o/39

58

02/28/2005 15:21 5617409':jSl PJ S LANDCLEARING PAGE 05

When the Principal is a. Sole Proprietorship or operated under a Trade Name: Signed, sealed and delivered in the presence of:

Witness Name of Partpership ·

Address

By:. ________ _

Partner


Address (Seal) ·····························--·······-··--·················-,,-•.,• •• , •••••••••••••••

'.When the Principal is a Partns:§hm: Signed, sealed and delivered in the p:resence of!

Witness Name of Partnership

Address

By.. _________ _

Partner

Printed Name of Partner

•••••••1,~~s!••••••••••••••••••••~•~••••••••••~"•••••••~S;:1!t ••••••••••••••••••••••• ~~• WJffln the Principal is a Comoration: Attest:

Secretary Land Clearing & Excavating, !nc.

e of Corporation r

By:--=-. (Affix Corponte Sell!)

Pahiol. \,&li )sot'1 PrintedN:re

Pco~JDWA Official 'llitle '

Pqgt31of39

59

02/28/2005 15:21 5517409~91 PJ S LANDCLEARING PAGE 08

Bond /1384355 PAYMENT BOND

Know all men by these presents: P. J.'s Land Clearing & Excavating, 1nc.

ByThisBonrl.we P.O. Box 540517, Greenacres, FL 33454-0517 (561)740-9938 , (lx,urt ~ ~crnal busine!l,!j address, and telephone numbei: ot Principlll/Contrai:ror)

a11 Principal (Contractor) and lW6o-'-c!a1!ll~Hd~:a)~:1Z Suite 206, sa:resou, FL 34232 (941) 343-110( (Imtrt name, principal business, and ll,lephone number of Surety)

a corporation, as Surety, are held and firmly bound unto th111 County of Indian River, Florida, 1840 251h Street, Vero Beach, Florida 32960, (772) 567-8000), in the sum of Thirty Eight Thousand Four l!,undred Twenty---------------- )2o!lars ($38,420.00 • ),

(Written Amount) · (Numeric Amount) amounting to 100% of the total bid price. For payment of said sum we bind ourselves, otll' hmrs, executors, adm.in:istrations a:od assigns, jointly and sevmlly, for the faithful performance of a certain written Contract, dated the 21st. day of M,u;:ch , 20..QA,. entered mto betwem the Principal and the County of Indian River, for:

Bond Nu,mber: __ 3,',!8,.,,4"'-3".l56,1.,_ __________________ _

Project Na:n:u,: ___ o~slwo"'R~oi!!a!!idi.lC.:1ll!iea!!nn!.!·!!gir.,.L.!8th!!:!!..!>g:lloi.!!p~rtuS;i.;W!!...!t~9.<li:2i.L?'_b.ilA~v~en~uweswS2.WI.J:.. __ _ Bid Number:_· _ _..2.¥l00~§.,,.06,,,0<..._ ____ ,--_____________ _

ProjeetAddress: _ __,,su;;tb.i.. __,_c..cotu11,;.i:t,;...,;S,,,W<-e.tl.!.P ..... 2:..c7_._r ..... b....,.jj..,y""e"'.~s.,,w,__ __________ _

ProjectDescription: Clearing 0$lo Rd. - 8th. Court SW to 27th. Ave. SW

A copy of said Contract is incoi:po:rat.ed herein by reference and is made a part hereof as fully copied herein.

Now, Therefore, the Conditions of this Obligation arc such, that, if the Principal shall promptly make paymenbl to all olainlant.s, as h\t!.'\llin below defincod, thim this obligation shall be void; othenvise, this Bond shall remain in :Ml force and effect, subject to the following tenn.$ and eonditioll/l:

A claimant is defined u l!l).)' petson supplying the Principal with labor, material or supplies, u;ed directly or indirectly by the Principal or any subcontractor in the prosecution of the Work provided for in said Contract, md is fu.rt.ber defined in Section 713.01 of the Florida Statutes. ·

The provisions of Section 255.05 Florida Statute!l shall apply.

The above name Principal and Surety hereby jo:i:nily and severally agree with the County of India:n River that every claimant as herein defined, who has not bee paid in full before the expiration of a period of :ninety (90) days after perfonnanee of the labor or after complete delivery of materials and su.pplies by such claimant, may sue on this Bond for the use of sueh elaimam, prosecute the suit to fimtl judgment for such sums or sums l!JI may be justly due claimant, and have execution thereon. The County of Indian River shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant:

Page34of39

60

02/28/2006 lG:21 5617409,981 PJ S LANDCLEARING PAGE 09

U:nless claimant, other than one having direct contract with the Principal, shall within forty-five ( 45) days after begimrlng to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal and Surety with a notice that he fotllllds to look to this Bond for protection.

Unless claimant, <>ther than one having direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the Jabot or complete delivery of materials or supplies, deliver to the Principal and Surety written notice of the performance of such labor or delivery of such materials or supplies and the nonpayment therefore. ·

After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials or supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitations shall be deemed . to be amended, so as to be equal to the minimum period of limitation permitted by such law.

Other then in a state court of competent jurisdiction in and for l'lldian River County, Florida, or in the United States District Court for the Southern District of Plorida, and not elsewhere.

The Surety, for value received, hereby stipulates and agrees that no charge, extm.1Sion of time, alteration of' or addition to the terms of the Contract or to the work to be pert"omi:ed thereunder or to the Specifications applicable thereto, shall in · any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, altetatiO.t'JS of or addition to the tei:tt\ll of the Contract, or to do 'the work or to the Specifications. ·

The Surety represents and. wamrnts to the County of Indian Rivc,r that it has a Best's Key Rating Guide, General Policyholder's rating of"~' a.nd Financial Size Category of Class "X''.

The Prinoipal and Surety jointly and seven.lly cownant and agree that this Bond will remain in full force and effect for a period of one (1) year commenemg on the date of Final Completion as established on the Certificate of Final Completion as issued by the Cotmty of Indian River.

The Priru;ipal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellirte proceedinp that the County of Indian River sustains because of a default by the Principal under the Contract.

In Witness Wb11reof, the above bound x,arties executed this instrnn:'J.i:nt under their several seals, this __ 21st • day of Mar ch 20.Q.L, the name and coxpora.te seal of each corporate party being hereto affixed and these presents duly signed by its wdersigned repi:esentative, pmauant to authority of its governing bodv. · ·

~--~~······················~·~····~---················································

Page3Sof39

61


When the Principal ia and Individual: Signed, sealed and delivered in the presence of:


Address , Printed Name of Individual

Printed Name of Individual

Witness

When the Principal is a Sole Proprietorship qr mmrated under a Irade Name: Signed, sealed and delivered in the presence of:

Name of Partner&b:ip

By: _________ _

Address Partner

Witness Printed Name of Pai-tiler

Address (Seal) J • •••••••••••••••••••••••••••••••••••••-••••••••••••••••••••••••••••••••••••••w••••••• Wb/m th!! :frtncipal is a Partnershin: Signed, sealed and delivered in -the presence of:

Witness Name of Partnmhip .

By: _________ _

Address Partner


Page36 o/39

62


·When the Principal is a Corporation: Attest:

Secretary_

Certificate as to Cru;porate Pri.nl:ipal

I, certify that I am the Secretary of the corporation named as Principal in the within bond; the ______________ __. who signed the said bond.on biwilf of the Principal wu then ________________ ·of . said Corporation; that I know his signature, and his signature thereto is ger.nrine; and that said Bond was dully signed. sealed and attested for and on behalf of said Corporation by authority of its governing body,

(Seal) Secretary To be executed hli: Comorate Surety: Attest

RLI Insurance ComEany Secret.my Corporate Surety

P.O. Box 540517 Greenacres, FI, 3345~-Q5l7

Business A

John S. Harris ·

Attotney•In•Fac:t

Coastal Bonding, lnc.

Name of Local Agency

Inc.

11924 Forest Hill Blvd., Suite 22-323 Welliniton, FL 33414·

Business-Address

Page 37 of 39

63

02/28/2006 16:21 ,551 74099/31 PJ 5 LANDCLEARING PAGE 12

State of Florida Countyof Palm Beach

Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared ___ _ John s. Harris , to me well known, who being by me first duly sworn upon oath, says that

hd is the attorney-in fact for the RLI Insurance Company and that he has been · authorized by RLI Insurance COJ11pany to execute the fore20ing bond on behalf of the Contractor named therein in flavor of the Collllty of Indian ver, F · da.

Subscribed and sworn before me this 21 st.

Notary Public,

Page 38 o/39

64

RLI JUl Smcty A /)Msion of P.Ll lnsur,w::o Comport;> POWER OF ATTORNEY P.O. Box 3967 Peoria, IL 61612-3967 Phone: 309-692·1000 Fax: 309"692·8637

Know All Men by These Presents: ·

RLI Insurance Company

That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by 1

approving officer if desired.

That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: JOHN S. HARRIS

in the City of · Wellington , State of Florida its 1nle and lawful Agent and Attorney in F1 with full power and authority hereby conferred; to sign, execute, acknowledge and deliver for and on its beha.lf as Surety, the followi described bond.

Any and all bonds, undertaldngs, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation.

The acknowledgment and execution of sueh bond by tbe said Attorney in Fa.ct shall be as binding upon this Company as if such bond had be executed and acknowledged by the regularly elected officers ohhls Company.

RLI Insurance Company tiu.1:her certifies that the following is a true and exact copy of the Resolution adopted by the Board of Direct, ofRLI Insurance Company, and now in force to-wit:

"All bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as tbe Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or tho Treasurer may appoint Attorneys in Fact or Age:nts who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Att,:,mty or other obligations of the

' corporation. The signature of any such officer and the corpoi:ate seal may be printed by facsimile."

IN WITNESS WHEREOF, tbe RLI Insurance Company has caused these presents to be executed by its President with its corporate s, affixed this l 4th day of Se.pte:mher , 2005 .

State oflllinois

County of Peoria } ss

On this ...li!lL day of September , 2QQ~ , before me, a Notary Public, personally appeared Jonathan E. Michael who being by mo duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of tho RLI Insurance Company and acknowlodged said instrument to be the vohmtaey act and deed of said corporation.

" @"v:., 2'1 . .3'.,'-<., Jacque eM~ . Notaeyl'ubli

~::::;;,. "OFFICIAL SEAL" =~i JACQUEUNE M, eoc~~ER F ~ COMMISSION ~Xf'IRES 03/01/06


By:~ Jon~

CERTIFICATE

I, the m,dersigned officer of lU,l lnsurance Company, a st< corporation of tho Stat< of Illinois, do h.-reby certify that the attaol Power of Attomey is in full foroe and effect and is irrevocable; , furthermore, tbat tho R£solution of the CompOlly as set forth in tho Po, of Attorney, is now in foroe. In tostimony whereof, I have hereunto my hand and the seal of the RLI Insurance Company this 2 l.$ t • , ofMarc:h , 2006 --


By.~ Jona~

1..1 un 1u~urc1:11ce Lumpl:::IOY LlUN lNhUKA.Nt:I;-.Jt- lNUlAN Ml Vl!:H CU Ill

ACORD,. CERTIFICATE OF LIABILilY INSURANCE Dot>

3/15/2006

Prod11ee11 Llon IR8Ut11D'lt:;& Compeey Thi~ Certlfh::ate '9 ·IHUed as I matter of lnform:atian on:ly and c:ol'lfel'S l'lb rights 27S9 U.S. !;lgllwoy 18 N. upoi, the O)rl:lftc,.bll Hold~, This C.rtlflcaibl does- noto1nmnd, em!ml o,:- aU:sr Holid~, FL. 34691 the eove~g1.i •ffordod by- tho pollch11i;- ~law. Ph,,.,: 727•938-5562 F"" 727-8$7•2138

Insurers Affording Coverage NAIC ii ln,ured: S<>lllh East 1'$tsonnel Leasing, lno. ln"$1.ff'er'A:. Lioh !flgl11:1)1.Cb Cell'nl:)&1'!1 llOOS

2739 U.S. Highway 19 N. ln'iW"Elr B:

Hoilday, FL 34Gi!1 lh!iUrtrC":

Phone : (1'27)9~8-5562 ln:aLft'ElfCI:

IR:stJrar E:

Coverages Tie pQll.c;i,~ at t~'ll'U;lil ~~W"I .tiolJ.Qijil 1'b11\l'i' tli118f1 !HUE!" !ti thll JM$l.li"ll!d nlllTllld 11!1:U:IIIG "N:lr"IJW. p!!U,::Y p~u:ict 1!1dl~ , . __ .,.,.181"11J11\:i 1:illyr"e~llil'i!m1111'!(. IDlm Di canljl~cn cit~ C0111tai::t ar ~r dQ~rmij1 r4liJ)QCI JQ ni~c:li ltll!I- «irtlfiC.:1~ tmr/ be i'i&Wd or may perta!n, !11~ lnsursn~ SfrOl'dL!id bylhe polJQt.1~ d!i!$1;rilwd !fflll!'lfl ij; $1.!bject m ellttlii 'lillrm!I, excltJ!MOl'IS, arid t:ondWo~ ~ we~ policii;s, A;&rO'Qil:111 flmit& ;tiown meiy have besn reduced by psldcitilms. · ·

INS!l ~ T~• of Insurance Polley Number j:loHcy Effective Pollcy~umttil'I till,U!I Limits L11'< ""-""· Dalo .. (MM/OOM'\ fMM/ODNY\

{3t;NERAL LIABILITY ,_. Eadl OCCUITl":!ncr:, I

I- Qmmercllll General UablDty 0&rt'IElg$ to nml:8d l",(8rn!BEIS (i:A

I- etalm• Mad. D Ocour Qt~OO&) ~ I,, Mcidlii:irp I ...

Porson.l Adv lo),1:1 IG•n•ral aggreg•t• lim~ oppfies per: .

. I

ti ""'"' • Proj<l<t • ~t'i!IIA:9,gtti!r'lfD $ LOC

"""""'. e.m,/()p "" $

· IAUTOll'IOIIILI!! LIABILITY C«nblned Slnala Limit

I,, AllYAUlo

{EAAei:!d~nQ $

·- /1,1! Cl"n,iii1d Alltoo cul!lll!r'l'l!U~· ... (P&rPi:iroon) ~

Sdl&dlllttl Al.100~ .. """',.,,. eo~ll!J!ll'f ... 11='9f A«ildfml) ~ Non.owned Al.doe .. PtoP6ffY Dl!!.!'htl911

(P~fAt,;¢id~ ~ CARAGE WABILITY ~Only-e!l!-Ai;cill!i11rt ~ R A~A ... 'OlhNTMln """"'·

,. ' A\,IIQ~ Only, AGiG, I

EXc,ESS/IIMBRELLA LIA!IILITY . Ei:ad"i0t¢UmilR~il ... • Claltru:M~i:lr;i "'"" A""'""" I-Deoi.li:.-tible

I-R-oiof!IIQ\'I, -

;., Worl<m Cotrip.,.,.lllton and x I wc _,, f I OT,H- I

Emp~ USl)lllly we 7194!1 01/0112001 01/0112007 ID,yLimil> -~

~ proprltt.or~'1ffl.r~ullvtt t)ffiC;:11r/meniber ~.L. el!Oh Aooldont 1$1•00000 excluded?

. 61,L, DiHllSe:- Ea Emplc,yee $1000000 lfYn, dawribv undar ap-elria! pHMS!om:below.

E,L, Diaene_~ Pt.Irle)' IJmltB $1000(J00

otl'II 11572i0 ' PJ's Land a .. rin9 & Excavating COVERAGE APPLIES ONl Y TO THOSE EMPLOYEl:S Ll:ASEO, NOT TO SUBCONTRACTORS.

Detc:rlplian1 ~, Ope?donill.ocatlc,NN.t,1:!li;il,~li.llkinl IIIC.4 ~ liiiml1m1tm•nttStM1.11 Provl1lons: ADD ON D~ll;:: 7 /l p /2000 COV5RAG5 APPLIES ONLY IN THE STATE OF FLORIDA TO THOSE EMPLOYEES LEAS!iO TO BUTNOT S\JBCOIIITIW:lTQRS OF PJ~ I.one (:lolling 11, """1Mlting • FAX: !i61•740-11s81 & 772.22e-1Ha nssue 0~1e-08 (TO)

' Uo11 Ins11ram:e Company Is A,M, Best Company rated A· (ExceUent), AMB # 12616 O.Erl-'IIFIOA'fflH0u:iaR. CANCBl.l.ATlQN

INDIAN RIVER COI.JNIT ShOU!d err,, Ofl!lt eboWI &st:tib$i:I polldlilr; ~ ~ni;:f41!ild bii1!01'811"18 IJXl)lfSDOO d81l<·lhafffl, the ~\nn9 l~r l'liU 11fld&B'10rto mall &I d~5 written notl~-to 11\e, Willi~!(: ~Q!Qr;ir mmuwJ W 1h11 18ft, but mlllml to do so shall !mpo!ti J'IO obligation "Or Oablll!W O! 1:11\1 kind uporc lhi!:' lnsuror, 11$ ;;91;1nl$ Qr' AilP~rtf.111\.'li:li,

1$40 2STH $TRlaoT

a.4~~, .. YERO BEACH FL 3z~ao ACOP.D ~ j1001/08),· " ACORD CORPORATION 1$~

66

PJSLAND-01 !-C

.. ACORD,.. CERTIFICATE OF LIABILITY INSURANCE DAiE (MM/tll'.1,VYY~

3/1412006 PRO'OUCER

Acordia West Palm.Beach 501 South Flagler Drive, Suite 600 West Palm Beach, FL 33401-591/4

(561) 655-5500

INSURED PJ's Landelearins .& Excavation Services,lnc · P.O. Box 540517

Greenacres, FL 33454

COVERAGES

THIS"CERTIFICATE IS·ISSUED AS A MATTER OF·INl'ORMATION

~~t6t~.~~iNtf:ii~~g,._~l~1~M~~ 1.':E~5~Jff~t1EoR ALTER THE COVERAGE AFFORDED BY THE POLICll:S .BELOW.

NAIC#

ER;(;' ·Q Dominion Insurance Company ·•· Insurance Co

IN INSURSR D:

lNSt.iftl:R. e:

THE POLICIES OF INSURANCE ~ISTED BELOW HAVE BoEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDII ANY REQUlf!EM!;~T. T,ERM OR CONC\ITION OF ANY CONTMCT OR OTHoR obCUMENTWITH RESPECT TO WHICH THIS 1i;El'ITIFICATo MAY Bo, ISSUED OR MAY PERT Alt/, TH• INSURANCE AFFOI.DEO•BY· 'fHE P01.ICIE$'ElESCR\$ED HER~lN IS SUBJECT TO ALL THE TERMS, EXGtUSIONS.!tN~.CONOITIONSOF SUCI POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

I 'i:f•" N-;,R; -··-,. POL.IC¥ NUhlll!u;.R POL.ICY EiFFEi.CT!\l'e. P9L[E'.t' .~!6~:t'JQN LIMITS

C.EN.l!UlAL LIABILITY EACH OCCURRENCE $ 1,000, -

A X C0MMl:A01AL GENERAL l,,IABILITY MPG40944 3/912006 3/9/2007 PREMISGS lt;;~•~~~net!\ • 500,

I ClAIMS MAOe 0 OCCUR. Ml:.O eXP (Any one per.,;.on) $ 10,

PERSONAL & ADV INJURY $ 1,000, -

GENEAALAGGREGATE • 2,000, -~•L AGGRE~E LtMrr APr1S

0

PE'R: PROOUC.iS ~ COMP/OP AGG $ 2,000

· POLICY l':':B.9...: LOC

~'tOMO~ILEµA:BILIT"Y

3/9/2007 GOMBINED SINGLE:11.ilMIT $ 1;000

A ANYAU't-(;) BHM0944 3/9/2006 (Ce e.celdent) '""'-- ALL OWN50 AUTOS aOOILY INJUR¥ X {Per person) s·

SCHEIJl,JLEtl AtJi0$

){ HIRl:.DAUTOS BODILY INJU"Y -- • X NON~OWNGO AUTOS (Pet ilct.adel'II) --' - ' e-"'"- -------... . -··-· '

., - ,. ................ , ~GP6R:r¥~ID'A:~~1 .. · " .. (Pc;,,rn~denl) $

IJARAGII; l..1ABIUT"r' AUTO ONLY· EA ACC!Ol:NT • R ANY'AUi~ '

' . ,,

OTHER THAN 6AACC $

Al:J'l"D ONLY: . ,,AGG. .... .

o••o1YMO~SL.1.A LIABILITY " '. ,,,., .'1,, EACH OCOURReNce $, '

OCCJ.J~ • Cl.AIMS MAD5 •'• ' . ' .. ... AGGREGATE ', . "

. , ... ' $ • "

~ :e~:TIBL; '' ,,.,'

$ . .,

RETENTION • $,

WORKERS COMPENSATION ANIJ \-~~t,:r~Tlb. l j0]21·

EMPI.OVE.R:S' I.IAi'll.m' Iii,!., i;;ACH ACCIDENT $ ANY"PROPRIEiORTPAA.iNCM.XECUTIVE OFFICERfMG:M~iR iXCt.UDEO'i' IU. DISEASE• EA EMPLOYEE • lfyli?:; i;ie5Cll'ib!!! undEir SPl:.CIAL PROVISIONS b~l1;1w C.L. OISl:ASE ~ r'OL1CY LIMIT • OTHE~

a Commercial Inland.Marine 20572277-06 31912.006 3/9/2007 All Risk/ $1,000 dad $2t29

PESCFUF'TION 0111·.QP,ERA.110N511.CICA110N$ /VEHICLES/ EXCLUSIONS ADDEc·ey ENl;lOReiMliiN'r / SP!i:QlAt. l"J:tQVISIQNS

Cortificate holder IG an additlo'nal insured with respect to general liability

.

CERTIFICATE HOLDER

Indian River County 1·840· 25th St. Verd Beach, 'PL 3296,0-

ACORD 26 (2001108)

Fax-740-9981

CANCELLATION 5HOUI.P ANY 01= TH~ Al:IOVB OE$CFUE'IED POUCl!S BE CANCELLED BE,F.ORE TH! EX.PIRA'

PATS TI-l~EOF, TME ISSUING INSURER WILL iiNDliAVOR TO MAIL· 3~•·DAYS WRl'r'

NOTICE TO THi CiiRT\FICAT'S HOL.ti~tt N'AMEP.T0.1HE LEF:r,,aUT F,Alt.l,,l"ero·po $0'-SIUI

IMPCBE No OSU$ATION Oft LIABILITY QP·'.Awr'· KlN.ri.'uPON TNE 1NsuRE;,.1Ts·AGENTS·oR ~SPR~ENTATTVES. . : . . ' . '

Ni

1.0 INSURANCE:

EXHlBITA INSURANCE REQUIREMENTS

I.I CONTRACTORS and SUBCONTRACTORS Insurance: The CONTRACTOR shall not commence work until he bJJ.s obtained all the insurance required under this section, and. until such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR .has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR's work is covered by the protections afforded by the CONTRACTOR's insurance.

1.2 Worker's Compensation Insurance: The CONTRACTOR shall procure and maintain worker's compensation insurance to the extent required by law for all Iris employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work undei" this contract and are not protected under the worker's compensation statute, the CONTRACTOR shall provide adequate coverage for the protection of such employees.

1.3 Public Liability Insurance: The CONTRACTOR shall procure and shall maintain broad form commercial general lia~ility insurance. (including contractual coverage) and commercial automobile liability insurance in amoUJ1ts .not less than shown below. The OWNER shall be an.additional named insured on this insurance with respect to all claims arising out of the operations or work to be perfonned.

Commercial General $1,000,000 combined liability single limit for (other tha:n property damage

A) Premises/Operations B) Independent Contractors C) Products/Com,pleted Operations D) Personal Injury E) Contractual liability F) Explosion, collapses and underground property damage

automobile) bodily injury and

Commercial Automobile. $1,000,000 Combined and Damage liability single limit for Bodily Injury and Property Damage

A) Owned/leased Automobiles B) Non-Owned Automobiles C) Hired Automobiles ·

1.4 Builder's Risk Insurance: The Geatraet01' •l!ial:l fli'60W-e and shall- m•em eefleer's risk msaraaee ("all r.i:sk;" 'n4tb. limits eqaad te •fie h'andfee pBl'llent (1QO%) ef the eempletea va:J..ue ef the sti;e;ete.re(s), euilding(s), er aee.i:tien(s). It sh.ill meluee a Waiver efOeeupaee;r Efldorsement te enable the Geli!lty' to eel'ltFaet ealls fer the ms~BBo!.'l: ef m&Rbinoi;r er equipmeflt, the poli:e:t must ee eneefs~e ta previae ee•:era,ge chiring tFallSit and iastallatie:e. The m1B!i.miM. e.educill,le alle·,•,able ll!!l:eer 1ie:is eeverage is $500.00 per ek'::i: ·

1.5 Proof of Carriage of Insurance: The CONTRACTOR shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER for the insurance required. Such certificate or an endorsement provided by the CONTRACTOR must state tbJJ.t the OWNER will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement-naming O'WNER as Additional Name Insured must accompany the Certificate of Insurance.

END OF EXHIBIT A

Page39 of39

68

To:

Indian River County Interoffice Memorandum

Office of Management & Budget


Consent Agenda

1(f

From: Jason E. Brown Director, Office of Management & Budget

Date: April 4, 2006

Subject: Miscellaneous Budget Amendment 012

Description and Conditions

The attached budget amendment appropriafes funding necessary for the following:

1. On March 7, 2006, the sec approved publishing the Commission Agenda in the Saturday edition of the Press Journal, starting with the March 14th meeting, at an estimated annual cost of $40,000. The attached entry appropriates funding in the amount of $22,572, from General Fund contingencies, to cover this cost for the remainder of the fiscal year.

2. Indian River County libraries have received donations totaling $22,213. The attached entry appropriates these donations.

3. At the August 16, 2005 BCC meeting the Board approved the reappointment of Harris, Cotherman, Jones, Price & Associates as the County's auditing firm for the next five years. The attached entry appropriates funding for the revised fee for the current fiscal year.

4. The current duties of the Animal Control manager are changing to include fieldwork. In order to accomplish this a new van will have to be purchased. To offset the cost of the van the vehicle allowance that is currently paid to the manager position will be deleted. The attached entry appropriates funding for this in the net amount of $21,338.

5. On March 21, 2006 the board approved Emergency Management Performance Grant funding and approval of the grant expenditures. The attached entry appropriates these funds in the amount of $48,803.

Staff Recommendation

Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2005/06 budget.

Attachment Budget Resolution

APPROVED AGENDA ITEM:

BY:~~'l.fl..+"}.{.J...f.-1.-'Ll...J',XJ.,U:,CJ---Jose h A. Baird County Administrator

FOR: ~ //~ .{lOQ~

F:\Budgct\Jason\budget amendments 260506\012 misc bQ,doc

Indian River Coun

Administrator

Legal

Budget

Department

Risk Management

69

RESOLUTION NO. 2006-__

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2005-2006 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2005-2006 Budget are to be made by resolution pursuant to section 129.06(2)(a)-(e), Florida Statutes (2005); and

WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2005-2006 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 2005-2006 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 Arthur R. Neuberger Vice Chairman Gary C. Wheeler Commissioner Sandra L. Bowden Commissioner Wesley S. Davis Commissioner Thomas S. Lowther

The Chairman thereupon declared this Resolution duly passed and adopted this __ day of _______ , 2006.

Attest: J. K. Barton, Clerk

By _________ _

Deputy Clerk

O:\Budget\.lason\budget amendments 200506\budget amendment resoh:ition,doc

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By _________ _

Chairman

APPROVED AS TO FORM AND LEGAL SUFFIC CY

70

Resolution No. 2006-. 9 K ~ It

~~d- Budget Amendment: 012 Budget Office Approval:

h"b" "A"

Jason . Brc IWn, Budgef Director

Entry Fund/ Depa l!:!J.i:!nt/ Account Numbe( Increase Decrease Number Account Name

' 1, Expenses

General Fund/ Board of 00110111-034910 $22,572 $0 Commissioners/ Ads . General Fund/ Reserve for 00119981-099910 $0 $22,572 Contingencies ·

2. Revenues General Fund/ 001038-366080 $5,000 $0 Preservation/Restoration

General Fund/ Donations,Main 001038·366095 $4,455 $0 Library General Fund/ Donations-North 001038-366097 $720 $0 County Library

General Fund/ Donations-North 001038-366100 $2,038 $0 County Library Books

General Fund/ Donations-Main 001038-366103 $10,000 $0 Library Books

Expenses

General Fund/ Main Library/ Other 00110971-035290 $3,500 $0 Operating Supplies

General Fund/ Main Library/ Youth 00110971-038110 $2,955 $0 Books

General Fund/ Main Library/ Elderly 00110971 "038310 $10,000 $0 Books

General Fund/ Main Library/ 00110971 •038960 $1,500 $0 Preservation/Restoration

General Fund/ Main Library/ EDP 00110971-066470 $1,500 $0 Equipment

General Fund/ North County Library/ 00111271-035130 $720 $0 Computer Hardware

General Fund/ North County Library/ 00111271-035450 $1,538 $0 Books

General Fund/ North County Library/ 00111271-035460 $500 $0 Subscriptions

F:\Budget\Jason\budget arnendmeflts 200506\012 misc ha.doc

71

E h"bit"A" I Resolution No. 2006- c~r~ Budget Office Approval: Budget Amendment: 012

Jason E1Brov n, Budget Director ,

Entry Fund/ Depar roent/ Account Number Increase Decrease

Number Account Name

3. Expenses

General Fund/ BCC/ External 00110111-033210 $9,900 $0

Auditors

General Fund/ Reserves/ Reserve 00119981-099910 $0 $9,900 for Contingency

4. Expenses

General Fund/ Animal Control/ 00125062-034010 $0 $1,662 Vehicle Allowance

General Fund/ Animal Control/ 00125062-066420 $23,000 $0 Automotive

General Fund/ Reserv.es/ Reserve 00119981-099910 $0 $21,338 for Contingency

5. Revenues

General Fund/ EMPG Grant 001033-331231 $33,713

General Fund/ EMPA Grant 001033-334232 $11,941

General Fund/ Hazardous Materials 001033-334292 $3,149 Emergency Planning Grant

Expenses

General Fund/ Erner. Management/ 00120825-066470-04035 $11,941 EDP Equipment-EMPA Grant

General Fund/ Erner. Management/ 00120825-035130-05050 $844 Computer Hardware-EMPG Grant

General Fund/ Erner. Management/ 00120825-035290-05050 $2,140 Other Operating-EMPG Grant

General Fund/ Erner. Management/ 00120825-066470-05050 $30,729

EDP Equipment-EMPG Grant

General Fund/ Erner. Management/ EDP-Equipment-Hazmat Grant . 00120825-066470-06807 $3,149

F:\Budge.t\Jason\budgct amendments 200506\012 rnisc ba.doc:

72

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 1840 25TH STREET VERO BEACH, FLORIDA 32960-3365 Phone: (561) 567-8000, ext. 1562 ; Suncom: 224- 1562 Fax: (561) 778-9391

'" MEMORANDUM

TO: Joseph A. Baird, County Administrator ·

THROUGH:

' ·-I

\ ·~ \

~-....

. -··-• ,

,. ~ ; /

' 1/

l> ., ,·

FROM:

James W. Davis, P.E., Public Works Directo·....__-'"ll'-

W. Keith McCully, P.E., Esq., Stormwater Divis ~·

SUBJECT:

DATE:

SUMMARY

CONSENT AGENDA - APPROVAL OF FDEP AGREEMENT NO. G0182 for THE INDIAN RIVER COUNTY MAIN RELIEF CANAL POLLUTION CONTROL STRUCTURE

March 29, 2006

'1H

On December 17, 2002, the Board of County Commissioners (Board) unanimously approved the East Indian River County Master Stormwater Management Plan (Master Plan) and voiced a desire to move forward with several priority projects. One of those projects is a regional water pollution control facility to be constructed next to the Main Relief Canal near the existing spillway structure. Subsequently, the Board approved the preparation of final construction drawings for the facility. Staff is modifying the design to prepare an alternate but equivalent, treatment system. The purpose of this agenda item is to request the Board to approve and execute a State of Florida Grant Agreement (FDEP Agreement No. G0182) pursuant to an Environmental Protection Agency Grant Award (a Section 319(h) Non-Point Source Grant). The grant amount is $725,500.

The Agreement has a duration of 49 months from its date of execution and the County is required to cost share a minimum of $3,546,160. The actual County cost share will be much higher since construction costs have risen considerably since the grant application was submitted.

RECOMMENDATIONS

Staff recommends the Board of County Commissioners approve FDEP Agreement No. G0182 and authorize the Chairman to execute it on behalf of the County.

FUNDING

The estimated project cost is $6.8 million. The amount of this grant is $725,500. The County is investigating other funding sources to construct the project.

F:\Public Works\KeithM\Stormwater Projects\Vortex Treatment Units in the Relief Canals\Agenda ltems\Agenda Item -Approve 319

Contract.doc 7 3 .

ATTACHMENTS

1. FDEP Agreement No. G0143 - 2 copies signed by FDEP. 2. Attachment I, "Certification Regarding Debarments, Suspension, Ineligibility and

Voluntary Exclusion-Lower Tier Federally Fund Transactions" - 2 copies.

INSTRUCTIONS FOR EXECUTION

1. Execute FDEP Agreement No. G0143 and the~ of Attachment I.

2. Return one executed Agreement No. G0143 and one executed copy of Attachment I to:

DISTRIBUTION

Taufiqul Aziz, Project Manager Florida Department of Environmental Protection NPS Management Section 2600 Blair Stone Road, MS 3570 Tallahassee, FL 32399-2400

1. James W. Davis, P.E., Public Works Director 2. Budget 3. Purchasing


FOR4!-2006 BYto~~. ~l,a · istra.tion

Bud et

Purchasin

ru,kMan

Public Works

Storm~tcl'. Engineering

F:\P1,,1bllc Work$\KeithM\Stormwater Projects\Vortex Treatment Units in the Relief Canals\Agenda ltems\Agenda Item -Approve 318

Contract.doc 7 4

DEP AGREEMENT NO. G0182

STATE OF FLORIDA GRANT AGREEMENT

PURSUANT TO ENVIRONMENTAL PROTECTION AGENCY GRANT AW ARD

11:IIS AGREEMENT is entered into between the STATE OF FLOR.IDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399·3000 (hexeinafter referred to as the "Department'' or "DEP") and the rNDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is Department of Public Works, Stormwater Division, 1840 25 th

· Street, Vero Beach, Florida 32960, (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide financial assistanee for the Indian River CoW'!ty Main Relief Canal Pollution Control Structure.

WHEREAS, the Department is t.'1.e recipient of :federal financial assistance from the Environmental Protection Agency (EPA); and,

WHEREAS, the Florida Department of Environmental Protection was awarded funding by the Environmental Protection Agency pursuantto Grant Agreement No, C9-9945!505-0; and,

WHEREAS, the Grantee has been determined to be a subrecipient of federal financial assistance from the U.S. Environmental Protection Agency (EPA); and,

WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in performance of its activities pursuant to this Agreement.

NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived hereftom, the Department and the Grantee do hereby agree as follows:

l . The Grantee does hereby agree to perfann in accordance with the terms and conditions set forth in this Agreem:nt, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which arc attached hereto and incorporated by reference. For pu,;poses of this Agreement, the tenns "Contract" and "Agreement" and the telll'.lS 11 Grantee1

', "Recipient11 and "Contractor", are used 'interchangeably.

2, This Agreement sJ;,..all begin upon execution by both aud shall remain in effect for a period of forty-nine ( 49) months, inclusive. The Grantee shall be eligible for reimbursement far work performed on or after the date of execution and until the expiration of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by EPA and/or the Legislature.

3. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to ·exceed $725,500 toward the total project cost described in Attachment A. Written approval from the Department's Grant Manger shall be required for changes between budget categories up to 10% of the total budget. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Procurement Office and the DEP Contracts Disburseml;'llts Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement.

B, The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment B, Payment Request Summary Form. The Chief Financial Officer r~quires detailed supporting documentation of all costs uodor a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirement,, the Grantee shall comply with the minirrrum reqtrirements set forth therein. Invoices shall be accompanied by supporting documentation and other requirements as follows:

I. Salaries/Wages The Grantee shall not be reimbursed for direct salaries or multiplier (i.e., fringe benefits, overhead, and/or general aod administrative rates) for Grantee's employees However, the Grantee may document these expenditures for meeting its match requirements.

DEP Agreement No. G0J82, Pagel of 10

75

2, Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts that involve payments for direct salaries shall clearly identify the persomel involved, salary rate per hour, and hours/time Spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Depsrtment within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate m;ed by the State Board of Administration. Invoices for reimbursement of fixed price subcontracts approved by the Deplirtment shall be documented by copies of the paid invoices,

3. Equipment - (Capital outlay costing $1,000 or more) -The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms of this Agreement.

4, Rental/Lease of Equipment Include copies of invoices or receipts to document 'charges.

5. Otb,,,r Expenses - e.g., Materials, supplies, phone, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices.

C, The Grantee may be required to si1bmit a cost allocation plan to the Department in suppon of its multipliers (overhead, indirect, general admi:nistrative costs, and fringe benefits), AJ1 bills for amounts due under tb:i., Agreen,,:nt shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.cgm/aadirlrefc:rence%5Fguide and alloW11b!e costs for Federal Progra:m.s can be found under 48 CPR Part 31 at ht!p:l/www.access.gpo.~ovlnara/cft/cfr-tagle-search.html and 0MB Circulars A,87, A-122, A-21, as applicable, at htfJl:/lwww.whjtehouse.gov/omb/circularslindex.html#numeric•I- Five copies of each invoice, .including appropriate backup documentation, shall be submitted to the Department's Grant Manager.

· D .. The Grantee will limit its participation in the salary rate ( excluding overhead) paid to individual consultants retained by grantee's or by a grantee's contractors or subcontractors to the ma,drnurn daily rate for GS-18. This limitation applies to consultation services for designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed, Subagreements with firms for services, which are awarded m;ing the procurement requirements contained in 40 CPR 31.36, are not affected by this limitation.

E. The parties hereto understand and agree that this Agreement does require a cost sharing or match on the part of the Grantee. The Grantee is respon.sible for providing $3,546,160 in cash or third party in-kind, towards the work funded under this Agreement. All cost sharing/match shall meet the federal requirements established in 48 CFRPart 31 and 0MB Circulars A-87, A-122, A-21, as applicable,

F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost p,inciplcs are incorporated by reference. ·

Or11:anization Tvne Annlicable Cost Prindoles State. local or lndian tribal government. 0MB Circular A-87 Private non•profit organization other than (1) an 0MB Circular A-122 institution of higher education, (2) hospital, or (3) orga.cization named in 0MB Circular A-122 as not subiect to that circular, Education Institutions 0MB Circular A-21 For-profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles and organization narned in O:MB A-122 as not subject Procedures, or unifomi cost accounting standards to ihat circular. that comply with cost principles acceptable to the

federal a~encv.

DEP AgreementNo. G0)82,P<1ge 2 oflO

76

G. The table below identifies the funding supporr:i11g this Agreement and EPA Grants providing the funds.

EPA Grant Nllnl.ber I CFDA I Pro<tram Title Funding Amount C9-9945l 505-0 I 66.460 I Nonnoint Source J,,,,.,lernentation Grants $725,500.00

Total Fundin•:: $725,500.00

4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commi1ment of future appropriations.

5. A. The Grantee shall submit progress reports in accordance with the schedule contained in Attachment A. Progress reports shall be submitted in conjunction with the Payment Request Stl:rtJIIlJlIY Form, descn'bed in paragraph 3.B. Progress reports shall describe the work perfonned, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. The Grantee shall utilize the Attachment D, Progress Reporting Form, for submitting its progress report. Reports shall be· submitted to the Deparlment's Grant Manager no later than twenty (20) days following the completion of the reporting period. The final report shall be submitted no later than thirty (30) days prior to the completion date of the Agreement. The Department's Grant Manager shall have ten (IO) calendar days to review deliverables submitted by the Grantee. Fin.al payment, no less than ten (I 0) percent of the total · Agreement amount identified in paragraph 3.A., will be withheld until receipt and approval of the Final Report.

B. The Grantee agrees to comply with the requirements o~ EPA 's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement under this Agreement.

I. The Grantee accepts the Minority . Business Enterprise/Women's Business Enterprise: (MBE/WBE) "Fair Share" goals and objectives negotiated with EPA as follows,

Florid.n l!'atr $h:iire Goal.!; Industry Go•l

Architectural & En~ineerine: Services 10% MBE and 15% WBE Commoditi~ 7% MBE and 17% WBE Contractual Services 14% MBE and 36% WBE Constr\lction fnOt'J SRF1 10%MBl?.and 1J% WBE

2. If the Grantee docs not want to rely on the applicable State's MBE/WBE goals, the Grantee agrees to submit proposed MBEIWBE goals based on availability of qualified minority and women-owned b\lsiness to do work in the relevant maxket for construction, services, supplies and equipment. "Fair Share" objectives must be submitted to the EPA Grants Management Office, 61 Forsyth Stree~ Atlanta, GA 30303 within thirty (30) calendar days of award and approved by EPA no la.tor than thirty (30) calendar days thereafter. Copies ofall correspondence with EPA shall also be forwarded to the Department's Grant Manager.

3. The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "Fair Share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically -Black Colleges and Universities.

4. The Grantee agrees to include in its bid documents the applicable "Fair Share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "Fair Share" percentages.

5. The Grantee agrees to follow the six affirmative steps or positive efforts ·stated in 40 C.F.R. 30.44(b), 40 C.F.R. 31.36(e), or 40 C.F.R. 35.6580, as appropriate, and retain records documenting compliance.

6. The Grantee agrees to submit a report documenting MBE/WBE utilization under federal grants in conjunction with the required progress reports (see paragraph 5.A).

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7. If race and/or gender neutral efforts prove inadequate to achieve a "Fair Share" objective, the Grantee agrees to notify the Departnicllt and EPA in advance of any race and/or gender collllcious action it plans to take to more closely achieve the "Fair Share" objective.

8. In accordance with Section 129 of Public Law 100-590, the Small Business Adn:ci:oistration Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage any prime contractors under this Agreement to utilize small businesses located in rural areas to the maximtll'.Il extent possible. The Grantee agrees to follow the six affirmative steps stated in 40 C.FJC 30.44(b), 40 C.F.R. 31.36, or 40 C.F.R. 35.6580, as appropriate, in the award of any contracts under this Agreement.

C. Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this Agreement and delivered to the Department. This requirement does not apply to reports which are prepared on forms supplied by EPA. Thfa requirement applies even when the cost of recycled paper is higher than: that of virgin paper. ·

D. A draft comprehensive final report (hard copy and electronic) must be submitted no later than sixty ( 60) days prior to the completion date of the Agreement. The DepartmOllt will review the draft final report and provide comments for inclusion in the fmal report within 30 days. Five (5) hard copies, plus one electronic copy in Adobe.pdfformat or Microsoft Word Format, of a comprehellllive final report must be submitted no later than the completion date of the Agreement. The Grantee's final report sh.all include an accounting of all project expenses, a report of all matching funds contributed on behalf of the Grantee, and a statement acknowledging tb.at the project has been supported by a grant from the U.S. Environmental Protection Agency. The following language shall be included on the cover page of the final project report:

"This project and the preparation of tlris report was funded in part by a Section 319 N onpoint Source Management Program Implementation grant from the U.S. Environmental Protection Agency through an agreement/contract with the Nonpoint Source Management Section of the Florida De:partment of Environmental Protection. The total cost of the project was $[show actual amount], of which $~

or [lill;!ll'!:..!!2!Yll!.:Jl;~i;m!.'!!!.I percent was provided by the U.S. Environmental Protection Agency."

Additionally, all other final deliverables required by this Agreement (such as booklets, pamphlets, videos, sciontific papers, etc.) which were funded in whole or in part by fede:ral sources shall mclude the language below to acknowledge the federai goveroment's participation in fhe project.

"This ___ (booklet, pamphlet, video, paper, etc. as appropriate) was funded in part by a Sectiott 319 Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection Agency through an agreement/contract with the Nonpoint Source Mamgemcint Section of the Florida Departi:ru:,nt of Environmental Protection."

The Grantee agrees to provide a copy of any draft report and/or fmal report to the Department before making, or allowing to be. made, a press release, publication, or other public announcement of the project's outcome. This.shall not be construed to be a limitation upon the operation and applicability of Chapter 119, Florida Statutes.

6. Each party hereto agrees that it shall be s_olely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes.

7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Departmc:nt regarding the reason(s) for termination.

B. The Department may terminate !Iris Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice.

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C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement.

D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unk:ss the records are exempt froro Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Starutes.

8. If the Grantee materially fails to comply with the tenns and conditions of this Agreement, including any Federal or Stare statutes, rnles or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circtl:mStances.

9.

A. Temporarily withhold cash payments pending correction of the deficieney by the Grantee.

B. Disallow (that is, deny both nse of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.

C. Wholly or partly snspend or terminate this Agreement.

D. Withhold further awards for the project or program.

E. Take other remedies that may be legally available.

F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. Other Grantee costs during suspension or after terro.i:nation which are necessary and not reasonably avoidable are allowable if the following apply.

J. The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in a:uticipation of it, and in tho case of termination, are noncancellable.

2. The cost would be allowable if the Agreement were not suspended or expired normally at the end · of the funding period in which the te:onination takes place.

G. The remedies identified above, do not preclude the Grantee from being .subject to deba:unent and suspension under Executive Orders 12549 and,12689.

A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the te:nn oftlris Agreement and for five years following Agreement completion. 111 the event any work is subgranted or subcontracted, the· Grantee shall slnrilarly require each subgrantec and subcontractor to maintain and allow access to such records for audit pwposes.

B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of fhe record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. · ·

C. Records for real property. and equipment acquired with Federal funds shall be retained for five years following fmal disposition.

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DEP Agreement No. GO! 82, Page 5 of l 0

79

IO.

11.

12.

A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions corttained in Attachment E, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grarttee for each amendment which authorizes a funding increase or decrease. If the Grarttee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information.

B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further· apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal artd/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided Urtder 0MB Circular A-133, Subpart B, Section _.210 for deten:nirting whether the relationship represents that of a s11brecipient or vendor. For state :financial assista.Me, the Grantee shall utilize the form entitled "Checklist for Nonstate Orga:oizations Recipient/Subreci:pient vs Vendor Determination" (form number FSAA_ CL2) that can be found under the "Links/Forms" section appearing at the follo-mng website:

A.

htt.ps://apps.fldfs.com/fsaa

The Grantee should confer with its chief financial officer, audit director or contact the Department for· assistance with questions pertaining to the applicability of these requirements.

The Grantee shall not subcontract work under this Agreement without the prior written consent of the Department's Grant Manager, unless the subco;,tractor has been identified in the Grant Work Plart. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grarttee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred undc:r the subcontract.

B. The Grantee agrees to comply with the procurement requirements contained in 40 C.F.R. 31.36 for its selection of subcontractors.

C. The. Grantee agrees to notify the Department of all subcontractors not identified in the Grant Work Plan no less than twenty days prior to the effective date of the subcontracts for the purpose of approval by the Department. The Grantee agrees to provide the Department -mth an executed copy of all subcorttracts within ten days after the effective date of the agreement

D.. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting oppoi:tllnities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities.

A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agertcy, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress, in connection with the awardirtg, renewal, amending or modifying of any Federal contract, grant, or coopi,rative agreement. If any non-Federal :6.1rtds are used for lobbying activities as described above, the Grantee shall submit Attachment F, Standard Form-LLL, "Disclosure of Lobbying Activities" and shall file quarterly updates of any material change$. The Grantee shall require the language of this certificatiou to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. [40 CFR 34]

B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency.

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C. Pursuant to the Lobbying Disclosure Act of 1995, any.organization described in Section 50l(c)4 of the Internal Revenue Code of 1986 shall not he eligible for subgrants under this Agreement, unless sucb organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as • special condition of the subgrant. This restriction does not apply to loans made pursuant to appt<lved revolving loan programs or to contracts awarded using proper procurement procedures.

D. The Grantee's Chief Executive Officer shall certify that no funds provided under this Agreement have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Grantee shall submit Attachment G, "Lobbying and Litigation Certificate" to the Department within ninety (90) days following the completion of the Agreement period.

13. The Grantee shall comply 'With all applicable foderal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes complia:nce with all applicable federal, state and local health and safety rules and regnlations. The Grantee further agi:ees to include this provision in all subcontracts issued as a result of this Agreement.

14. The Department's Grant Manager (whlch may also be referred to as the Department's Project Manager) for this Agreement is identified below.

Taufioul Aziz Florida Denartment of Environmental Protection No=oint Source Manall'.ement Section 2600 Blair Stone Road, MS #3570 Tallahassee, Florida 32399-2400 Telenhone No.: (850) 245-8415 SunComNo.: 205-8415 Fax No.: (850) 245-8434 SunCom Fax No.: 205-8434 E-inail Address: ,. .,.r, cul .•zizt'nlde". state.fl. us

15. The Grantee's Grant Manager (which t11l!Y also be referred to as the Grantee's Proj~ct Manager) for this Agreement is identified below.

Keith Mccullv Indian River County Public Works Stormwater Division 1840 25"' Stl'.eet Vero Beach, Florida 32960 Teleohone No.: (774) 567-8000, extension 1562 Fax No.: (772) 778-93 9 I E-mail Address: kmccull,"0 'irc2ov.co_m

16. To the extent required by law, the Grantee will be self-insured aga.inst, or will secure a:od maintain during the life of this Agreement, Workers' Compensation lnS"Urance for all of hls employees connected with the work of this project ao.d, in case any work is subcontracted, the Grantee shall require the subcontractor sirn.ilarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage s!Jall compiy ·fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under tbis Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of bis employees not otherwise protected.

17. The Grantee warrants and represents that it is self-funded for liability iosurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee.

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18. The Grantee covenants that it presently has no interest and shall not acqurre any interest which would conflict in any manner or degree with tho performance of services required.

19. The purchase of non-expendable personal property or equipment costing $1,000 or more is not authorized under the terms • fthis Agreement. ·

20. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time.line within current authorized Agreement period, method or msnner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement.

21. The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) establishes a number of fire safety standards which llll.!St be met for hotels and motels. The Grantee acknowledges that Federal funds may not be used to sponsor a conference, meeting, or training seminar held in a hotel or motel which does not meet the requirements of the Hotel and Motel Fire Safoty Act oil 990.

22. If the Grantee's project involves environmentally related measurements or data generation, including the development of model$ that may be used in regulatory decisions, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet p.roject objectives illld to minimize loss of data ·due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment H, Quality Assurance Requirements.

23.

24.

A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied tlle proceeds or benefits of; or be otherwise subjected to discrimination in performance oftllis Agreement.

B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or. repair of a public building or public work, may not submit bids on leases of real property to a public entity, rnay not award or perform work as a contractor, supplier, subcontractor, or consultant under contract wifh any public entity, and may not traru;act business wifh any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915.

A. In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Grantee agrees and certifies that neither it, nor its principals, is presently debarred, Sll.!pended, proposed for debarment, declared ineligible, or voluntarily ol(cluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowmgly enter into any lower tier contract, or ofher covered transaction, with a person who is similarly debarred or suspended from participating in this covered tr0JJSaction, unless authorized in writing by EPA to the Department.

B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of the form entitled Attachment I, "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion. Lower Tier Federally Funded Transactions".

C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment I in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement.

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25. The Environmental Protection Agency and Departmc:ut, reserve a. royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government pU!pOSes:

A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant.

B. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership w:ith grant support.

26. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment J, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment K, Regulations, attached hereto and made a part hereof, shall apply to this Agreement.

27. Land acquisition is not authorized under-the terms of this Agreement

28. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when fhey have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreerrumt, unless otherwise provided herein.

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DEP Agreement No. G0182, Pago 9 of 10

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IN WITNESS WHEREOF, the parties have caused this Agr•ement to be duly exec11ted, the day and ye11:r last written below.

INDIAN RIVER COUN'J'Y BOARD OF COUNTY COl'v!MISSIONERS

By: -,------------Title:•

Date:. ____________ _

FEID No.: 59.6000674

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENT AL PROTECTION

By:~~ign~~

D•te:.----'"'3~/---:2., 1/--1-t ()---I:, __

DEPContracts Administrator

. ' , .. ' ' .... . . ' ... ' ' ' ' .. . . ' ... . ~; ~ .. · ,' ,',' ,','

' . ' ' .. . . ' ' . ' .

•For Agreements with governmental boards/commissions: If someone other than 1he Chainnan signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement.

List ofaitacin:nents/exhlbits included as part of this Agreement:

Specify TY.Pe

Attachment Attachment Attaclwl!.!lt Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment

Letter/ Number

.J;L

.JL

.L _Q_

..lL _!_ _J_

JL

Description (include number of pages)

Grant Work Plan (10 Pages) Payment Request Summary Form and Instructions (2 Pages) Contract Payment Regun-ements (! Page) Progress R,;portForm(2 Pages) Special Audit Reguireme;uts (5 Pages) Disclosure of Lobbying Actiyjtios (2 Paites) Lobbying and Litigation Certificate (l Page) Quality Assurance Requirements (10 Pages) Certification Reg11:rding Debarment/Suspension (2 Pages) Contract Provisions /3 Pagesl Regulations (1 Page)

DEP Agreement No. G0182, Page.JO of 10

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ATTACHMENT A GRANT WORK PLAN

Title: Indian River County Main Relief Canal Pollution Control Structure

LEAD ORGANIZATION:

CONTACT PERSON:

Indian River County

Keith Mccully, P .E., Esq. Public Works - Stormwater Div. 1840 25 th St. Vero Beach, Fl 32960 (772) 567-$000 (Xl562) (772) 778-9391 (Fax)

· K.mccully@lrcgov .Com

COOPERATING ORGANIZATIONS: Indian River County Public Works, Indian Rivo:r Farms Water Control District, City Of Vero Beach, St. Johns River Water Management District

PROJECT ABSTRACT: A large treatment structure will be constructed on the Main Relief Canal in Vero Beach that utilizes vortex technology and bar screens to remove suspended solids and floating vegetative.debris from canal water flowing to the Indian River Lagoon. The structures are designed to treat 294 cfs draining from a 21,705 acre basin that is 50% urban and 50% agricultural. Toe vortex unit will be integrated with a self-cleaning fixed bar screen and traveling rake to remove large masses of vegetative debris such as hyacinths, water lettuce, duckweed and grasses and floating trash before the water enters the vortex unit. The vortex unit will then remove particles down to the 600 micron range. The project is anticipated to reduce TSS by 60% or 1,207,989 lbs. per year and Total Phosphorus by over 40% or 7,722 lbs. per year, A monitoriu.g program will be conducted to accurately assess the removal efficiency of this treatment system, A public education and awareness program will be incorporated with the construction project to help reduce trash and vegetative debris input to the ctra.ma:oe system.

PROJECT LOCATION AND WATERSHED CHARACTERISTICS: The Indian River Farms Water Control District (IRFWCD) in Indian River County, Florida, is an area over 53,000 acres that is drained by an extensive 300

· mile network of man-made canals. The 21,705 acre Main Relief Canal basin is approximately 50% urban and 50% agricultural. The !RFWCD discharges into the Indian River Lagoon, an Estuary of National Significance. In the East Indian River County Master Stormwater Management Plan, a pollutant loading analysis showed that fue three discharge canals of the lFRWCD convey huge amounts of suspended solids, nutrients, and floating vegetative debris into the lagoon, seriously degrading estuarine habitat. The canals also transport tremendous quantities ofhurmm-generated trash (Styrofoam cups, plastic, bottles, etc.) into the Lagoon. The proposed location of the Main Relief Canal treatment structure is west of US Highway 1 and the FEC railroad near the Vero Beach airport. Construction will take place within the public right-of-way of the IRFWCD as authorized by a Memorandum of Understanding between Indian River County and the Water Control District.

Watershed Name: Indian River Lagoon Latitude: 27.63

Longitude: 80.40 Hydrologic Unit Code(HUC): 3080203

Land Uses within the Watershed (acres and percentages of total):


DEP Agreement No. G0182, Attachment A, Page 1 of 10

85

Land Use_: . •,· Aeres ',· . :% . ,,_,,

Rangeland 3255.75 15.00 Citrus 8682.00 40.00 lmnroved Pasture 1085.25 5.00 Miscellaneous ITTrban) 8682.00 40.00

LandiUse .Totltls-<i\c~~a"e and % \ .. 21705.00 100.00

POLLUTION REDUCTION STRATEGY: The Indian River Fa.rms Water Control District (IRFWCD) in Indian River County, Florida is an area over 53,000 acres that is drained by an extensive network of poorly managed man-made canals. The !RFWCD discharges into the Indian River Lagoon, an Estuary of National Significance and a St. John!! River Water Management District (SJRWMD) Surface Water Improvement and Management (SWTh-:!'.) pragra_,n priority water body. In the East Indian River County Master Stormwater Management Plan (Master Plan), a pollutant loading analysis showed that the three discharge canals of the IFRWCD convey large amounts of suspended solids, nutrients, and floating vegetative debris futo the lagoon, seriously degrading estuarine habitat. The canals also transport tremendous quantities of human-generated trash (Styrofoam cups, plastic, bottles, etc.) into the Lagoon. Treatment alternatives were investigated in the Master Plan. It was recommended that sediment and floating debris collection systems be used to effect a significant reduction in muck contributing solids, nutrients, floatables and trash into the Lagoon.

This project is included as A1temative No. 4 in the "East Indian River County Master Stormwater Management Plan," pages 114-118, inclusive, and pages 207-213 capital improvements discussion. This project is specifically listed as a High Priori1:y Level under Capital Project Prioritization on page 210. In the Master Plan, best ttJallJigcment practices (BMPs) were investigated for the potential. to improve the water quality of fue three dischiltges of the !RFWCD canals. Several of these BMPs were determined to be well-suited for placement within the limited space available in the existing canal rights-of-way. The two general types of improvements which appeared to be effective given the existing conditions were floating debris capture systems and structural pollution control devices.

The need for tbJs project is descnbed in the November 1996 "lndisn River Lagoon Comprehensive Conservation and Management Plan" under ·the Water and Sediment Quality Improvement section: Recommendations for large drainage systems,• such as the IRFWCD, are found in Action FSD-12, Freshwater and Stomiwater Discharges Action Plan. The 2002 lRL SWIM Plan Update discusses the IRFWCD and. the need to reduce TSS and nutrients in ChApter 5, page 133. A major concem stated in the SWJM Plan is the total phosphorus loading from the IRFWCD being higher than that from the

. Turkey Creek basin which is 1.5 times larger in area.

Methods to treat or control pollution from stormwater runoff (BMPs) have traditionally included practices that are typically land intensive (dry retention areas, wet detention ponds) and have low maintenance requirements. However, as land has become scarcer and m.orc valuable in Florida, efforts have also been focused on treatment technologies that are not as land intensive. Msny of the more compact systems are adaptations of domestic and industrial wastewater treatment components. These active system;;, which often include electrical or mechanical components, have come to be known as "structural" pollution control devices (PCDs). They have a higher operation and maintenance requirement than passive systems.

Vortex collection devices force a circular flow of runoff within the structure, creating a vortex to improve the capture of . suspended solids. Three manufacturers of these types of units are CDS Technologies, Inc. (CDS), Vortechnics, Inc. and H.l.L.Tecbnology, Inc. (HIL). These are all patented technologies which use water pressure to force the water into the structure in a circula,r motion. The circular motion of the water and the momentum. in. the particles cause the suspended solids to be removed from the flow. The suspended solids continue to work downward and eventually are deposited into the bottom of the structure.

The CDS system has been used successfully in many applications in Florida as well as other locations around the country. The CDS system uses a screen to directly capture all particles larger than 2400 microns. In addition, the vortex action results in the capture of some suspended material smaller than 2400 microns, as small as 600 microns. Testing of CDS equipment indicates that most gross pollutants will be captured, iricluding the coarse and medium sands (approximately 80% of the content of most runoff flows). For the typical pre-cast design, the material collected is stored in the bottom of

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the structure in a wet condition. As with other structural PCDs, the collected organic material may decompose and release the stored nutrients back into solution. To avoid the release of these nutrients, the strucrure roust be cleaned relatively frequently. Indian River County will be utilizing a continuoll.$ operating rake and bar screen combination to remove vegetative debris from the water column. Tbis will prevent the decay and release of nutrients back into the water. In addition, a sediment and materials handling pump will be positioned in the bottom sump of the vortex unit to continuously remove settled material so that it has no opportunity to be reintroduced to the canal water. Because these \Jnirs are expected to remove relatively large amounts of material, an automated system will be employed for frequent removal of the collected material. ·

The vortex Ullit will be integrated with self-cleaning fixed bar screens and traveling rakes to remove large masses of vegetative debris $uch as hyacinths, water lettuce, duckweed and grasses and floating trash before the water enters the vortex \Jnit. A:1Jl1ual loading of vegetative debris has recently been estimated at 1 O million wet pounds. Thi! represents a very significant muck and nutrient source to the Indian River Lagoon. Based upon tissue analysis, thls loading represents 2,500 lbs. of phosphorus and 20,000 lbs. of nitrogen on a dry weight basis. In addition, the vortex unit itself is designed to remove, suspended sediments as well as floating debris. Based on water quality data for the Main Relief Canal and projected removal efficieDCies of the Main Relief Canal Pollution Control Structure at a design flow rate of 294 cfs, the following annual pollutant load reductions are estimated:

TSS = 1,207,989 lbs. TN= 31,234 lbs TP = 7,722 Total nutrient removal for the combined treatment systems is in the range of TN~S 1,234 lbs. and TP=l0,222 lbs.

This one project provides a significant opportunity for Indian River County to make great strides in meeting the proposed TMDLs for this basin of the Indian Rive~ Lagoon and improving estuarine habitat and water quality for this segment of the Indian River Lagoon.

PROJECT OBJECTlVE(S): There are 17 segments of the Indian River Lagoon basin that were identified on the Florida Department of Environmental Protection (DEP) 1998 303( d) list as impaired by nutrients, dissolved oxygen, or chlorophyll a and were scheduled for TMDL devoloproent by June 30, 2003. All of these segments fall within the FL DEP Indian River lagoon Group 5 Basin and, as a result, were scheduled for TMDL development by FL DEP in September 2004. The segment, in Indian River County that will be addressed by this project are Illlmcd South Indian River WBID 5003C, IRL Segments 16·20. The Main Relief canal basin is segment #19.

Due to the extensive network of canals that carry stormwater runoff in this region, Indian River County is in a unique position to capture and treat a significant portion of its total runoff. Tho Main Relief Canal conveys approximately half of the total runoff from the Indian River Farms Water Control District to the Indian River Lagoon. The proposed vortex unit/bar screen system will remove a significant quantity of nutrients and,muck contributing solids from canal discharges. (TSS=549,086 Kg, TN~l4,197 Kg, TP~3,510 Kg). In addition to the nutrients associated with suspended sediment, annual loading of vegetative debris has recently been estimated at 10 million wet pounds. This represents a very significant muck and nutrient source to the Indian River lagoon. Based upon tissue analysis, this loading r<prcsc:nts 2,500 lbs. of phosphorus and 20,000 lbs. of nitrogen on a,dry weight basis. Removing these nutrient loads will move the County closer to meeting the TMDls for this segment of the lagoon.

Specific Project Objectives:, (1) To demonstrate that a combination oftrea1ment technology (i.e. self.cleaning bar screens and vortex technology) can be used to effeciently remove large amounts of floating and suspended material from an existing canal. (2) To demonstrate that if the collected n,aterial is removed from the system within a reasonable time, there is nelgible release of nutrients back into the water from the captured material. (3) To demonstrate that a large stormwater pollution' control device if maintained on a regular basis, can remove significant amounts of pollutants. (4) To demonstrate that .if large quantities of aquatic plant material and algae are removed from the system, then large amounts of nulrie,nts (nitrogen and phosphorus) associated with that plant material and algae arc also removed.

PROJECT DESCRIPTION: The Indian River Fanns Water Control District (IRFWCD) in Indian River County, Florida is an area over 53,000 acres that is drained by an extensive network of =•made canals. Toe IRFWCD discharges into the Indian River Lagoon, an Estuary of National Significance and a St. Johns River Water Management District (SJRWMD) Surface Water Improvement and Management (SWIM) program priol'ity water body. In the East Indian

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River County Master Stormwater Management Plan (Master Plan), a pollutant loading analysis showed that the three discharge canals of the IRFWCD convey large amounts of suspended solids, nutrients, and floating vegetative debris into the lagoon. Treattnent alternatives were investigated in the Master Plan. It was recommended that sediment and floating debris collection systems be used to effect a signIBcant reduction in suspended solids, nutrients, and lloatables into the Lagoon.

This project is for the construction of a large treatment device on the Main Relief canal that utilizes vortex technology to remove suspended solids and floating debris from a circular flow of canal water within the structure. The proposed location of the treatment structure is west of US Highway 1 and the FEC railroad near the Vero Beach airport. The project will be constructed within the publically owned right-of-way of the Indian River Farms Water Control District. The vortex unit will be integrated with a self cleaning fixed bar screen and traveling rake to remove large masses of vegetative debris such as hyacinths, wator lettuce, duckweed and grasses and floating trash before the water enters the vortex unit. Annual loading of vegetative debris has recently been estimated at l O million wet pounds. This represents a significarit muck and nutrient source to the lndian River Lagoon. Ba.sed upon tissue analysis, this loacbng represents 2,500 lbs. of phosphorus and 20,000 lbs. of nitrogen on a dry weight basis. In addition, the vortex unit itself is designed to remove suspended sediments a.I well as floating debris. Based on water quality data for the Main Relief Canal and projected removal efficiencies of the vortex unit at a design flow rate of 294 cfs, the following annual pollutant load reductions are estimated:

TSS - 1,207,989 lbs .. TN - 31,234 lbs TP -7,722. This one project provides a significant opportunity for Indian River County to make great strides in meeting the proposed TMDu for this basin of the Indian River Lagoon.

The bar screen to be coDStructed is b_ased ·on a design that has been proven to be effective and has been in continuous operation for over four yea:rs at a stormwater treatment area in West Palm Beach as part of the Everglades restoration project. The vortex unit will contain a 2400-micron stain.less steel cylindrical screen, approximately 20 ft. diameter. The shearing effect of the circular !low of water against this screen allows the removal of smaller particles in the 600-:tnicron

from the stormwater. This vortex unit design has been proven at the higher flow rates similar to the Main Relief in California and .Australia. To ensure the nutrient removal efficiency of this system, maintenance will occur on a

daily if needed using a ftontend loader to remove the solids collected by the screens and a pump installed in the sump of the vortex unit. Indian River Couniy unde:ratands that rnamtenance is the key to pollutant removal efficiency of this type of system

A preliminary engineering report has been completed for this project W1th unit sizing and site location addressed. Site su:rveyiug and final design are ready to begin.

Public Outreach: A stormwater education campaign will be initiated in concert with construction to heighten awareness of the canal drainage system and the pollution it carries to the estuary. The St. Johns River Water Management District's IRL License Plate program has authorized the funding of I 00 metal 30" x .34" street signs to be erected at strategic locations throughout the drainage basin. The sign will picture the license plate snook and read: "All Canals Drain To Lagoon - No Trash!". Signs will be placed at intersections near major canals. Newspaper articles and brochures will link the new road signs with the construction of the Main Relief Canal pollution control structure. The County believes that a heightened public awareness through a highway and road signagc program will reduce the pollutant loads to our constructed trea1ment facility for the Indian River lagoon.

Effectiveness Monitoring: Project effectiveness monitoring will be conducted to demonstrate the pollutant loading reduction accomplished by the treatment facility. Two types ofm.onitoring will be conducted. 1) to evaluate the effectiveness of the treatment system, composite grab samples will be collected from the stormwater that passes through the treatment facility during seven storm events. Samples will be collected at the influent point to the treatment facility and at the eflluent side for comparison. 2) an additional assessment of the pollutant load reduction will be achieved by weighing and quantifying representative samples of the trapped material by the bar screen and the vortex unit. The representative samples of the. trapped material will be analyzed for nutrient content on a dry weight basis. A continuously operating flow meter W111 allow for accurrate estimates of total volume treated. All trapped material removed from the facility will be weighed at the County landfill prior to disposal at the land.fill. The County intends to keep daily records of flow and materials

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removed in order to demonstrate credit towards achieving the TMDL for this basin. A Preliminary Effectiveness Monitoring Plan has been included in this work plan as Appendix A.

ESTIMATED POLLUTANT LOAD REDUCTION:

., Pre-Project "" "' " Post-Project ,..;i

c Load .. - Reduction ~ ll. % Reduction

911907.00

362821.00

549086.00

60.00

TP kg/yr

8744.00

5234.00

3510.00

40.00

' .. ·:' ., .. '..<· TN .. ·. ,Sei!irii'c'nt

kgi~l • ' ' .. <1tg/yr .·. ' ..... ,.·;i,,i_· ... ' .:-.. ·;,:., ' ', ·, ,. ,1::,- :~· .

94314.00

80117,00

14197,00

15.00

BOD kg/yr

·, ·:·::•

Other· IitiNr . ,

,,, ... , ..

I

Other k!!/vr

RATIONAL ESTIMATE OF THE THEORETICAL POLLUTANT LOAD REMOVAL EFFEClENCY BY THE _TREATMENT SYSTEM: The following engineering approach was taken to determine the pollutant load removal efficiency of the proposed vortex units for the Main Relief Canal:

To determine the optimal size oftlle vortex unit for the IRFWCD application, the anticipated flow rates were estimated. For this purpose, ten years of USGS data were analyzed. The daily flows were sorted to determine the frequency with which a given flow occurred.· The frequency that flow rates exceeded 80%, 90%, 95% and 98% of the daily flows was estimated. Assuming tllat all of the flows smaller than this flow rate and a portion of the flows greater than th.is flow rate are treated, the percent of flows treated annually was estimated, Table I shows the results of the flow analysis for the Main Relief Canal, followed by an example of how the percentage of annual flow treated was calculated.

Table 1 - Main Relief Canal Peak and Annual Flow Treatment Summary Percent of Days All Flow is Treated Flow Rate Percent of Cumulative Armual Flow

80% 90% 95% 98%

Calculations:

76 cfs 184 cfs 294 c:fs 450 cfs

Treated 53% 75% 86% 94%

Known Information from USGS gauging station information: 80% of the days (2924 days) had a recorded flow ofless than or equal to 7 6 cfs

The average flow on days when the flow was less that 76 cfs was 27.42 cfs and this occurred on 2924 days

The averag;e flow for all of the days (3653 days) was 69.84 cfs

The largest pre-cast CDS structure is rated at a maximum of 64 cfs. However, larger cast-in-place units can be designed and constructed, With the goal to achieve treatment of 80% to 90% of the total annual flows, a single pre-cast 64 efs unit will not be sufficient. Therefore, multiple pre-cast units or a single large cast-in-place unit will need to be designed,

The treatment efficiency of the CDS unit (floating boom not included) is highly dependent on particle size. The capture efficiency of CDS units measured under laboratory conditions is estimated to be 10% to 40% for fme sand, 40% to 80% for medium sands, and 80% to I 00% for larger particles. This wide range of efficiency is confirmed by field resemch. A study of a CDS unit installed in Brevard County estimated the average TSS removal efficiency at 52%. However, it was noted in

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this study that the actual removal efficiency is likely higher due to the capture of larger particles moving along the bottom which are not measured by norrrntl sampling methods. Based on this information, and considering some minor removal by the floating boom, a TSS removal efficiency of 60-70% is estimated for the combination of the floating boom and CDS unit for preliminary engineering pmposes. The actual suspended solids removal under operating conditions may be considerably different (more or less) depending on the actual particle size distnlmtion and the flow patterns of the stonn events. Based on observations in the l'.R.FWCD when the canals arc flowing, (which is daily, with or without rainfall events) the CDS units will likely capture a large mass and volume of materials !hat are currently being discharged into the Indian River Lagoon.

For the purposes of estimating pollutant load reductions, it is assumed that the floating debris removal system and the vortex unit will remove only the particulate nutrients, and none of the dissolved nutrients will be removed. Based on literature estimates for total nitrogen (TN), the particulate nutrient content IJla.Us up 25% with the remaining being in dissolved form. For total phosphorous (TP), the particulate nutrient content makes up 40% With the remaining being in dissolved form. Using these assumptions, the overall treatment efficiencies a.re shown in Table 2.

Table 2 • Main Relief Canal CDS System Pollutant Removal Efficiencies:

Design Flow Rate % of Amiual Flow Treated TSS Removal 1NRemova1 TP Removal

76 cfs 53% 37% 9% 15% 184 cfs 75% 53% 13% 21% 294 cfs 86% 60% 15% 24% 450 cfs 94% 66% 16% 26%

The average values for water quality parameters measured at the spillway on the Main Relief Canal are 14.6 mg/L TSS, 1.51 mg/L TN and 0.14 mg/L Ortho-P. It is assumed that Ortllo-P makes up 60% of the TP concentration. These average values come from the ten-year monthly sampling program conducted by Carter Associates for the lRFWCD. While these concentrations are not indicative of storm event values they do offer a long term average and are the most extensive testing available for J.RFWCD. Based on these concentrations and the average daily flow of the Main Canal over a ten-year period of 69 .84 cfs, the annual pollutant removal. quantities arc presented in Table 3 for the CDS and floating boom system on tbe Main Relief Canal.

Table 3 • Main Relief Canal CDS System Estimated Pollutant Removal S=nary:

Design Flow Rate % Flow Treaied TSS Removed TN Removed TP Removed (lbs/year) (lbs/year) (lbs/year)

76 cfs 53% 744,459 19,249 4,759 184 cfs 75% 1,053,479 27,239 6,735 294 cfs 86% 1,207,989 31,234 7,722 450 cfs 94% 1,320,360 34,139 8,441

OUTPUTS/DELIVERABLES: Task I • Surveying and Modeling. The selected site on the Main Canal will _be surveyed with detailed cross sections in preparation for construction plans. Deliverablru;: NIA. Completed prior to this Agreement.

Task 2 - Prepare and Submit Quality Assurance Project Plan. Prepare a Quality . .Ass111"ance Project Plan (QA.PP) for the water quality monitoring task a:od submit it to FDEP for review. Deliverables: Quality Assurance Project Plan

T8$k 3 - Construction Plans and Permitting. Construction plans and specifications will be developed for the Main Relief Canal pollution control structure that includes: Canal baok stabilization and erosion control, floating debris deflector, off-line flow channel, bar-screen with rake system, vortex treatment llllit with materials pump, conveyor and dewatering screen system, and a materials handling area. Necessary construction pci:mits Will also be obtained.

· Deliverables: Construction plans an.d specifications, copies of al! permits obtained by Indian River County.

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Task 4 - Construction. Construction of the Main Relief Canal Pollution Control Structure will take place once the construction plans have been completed and the necessary permits obtained. IndiSn River County, as well as its consulting engineers, will provide construction inspection in order to assu:re that the improvements are .built in accordance with tbe plans and specifications. Indian River County staff will bid and award the construction contract and administer it during construction. Deliverables: Construetion progress summary (contained in Quarterly Reports)

Task 5 • Public Involvement. A stormwater education campaign will be initiated in concert with construction to heighten awareness of the canal drainage system and the pollution it carries to the estuary, The St. Johns River Water Management District's ill.L License Plate program has authorized tbe funding of 100 metal 30" x 34" street signs to be erected at strategic locations throughout the drainage basin. The sign will picture the license plate snook and read: "All Canals Drain To Lagoon • No Trash!". Signs will be placed at intersections near major canals. Newspaper articles and brochures will link the new road signs with the construction of the Main Relief Canal pollution control structure. Deliverables: Summary of Public Involvement (contained in Quarterly Reports)

Task 6 • Effectiveness Evaluation (Water Quality Monitoring). Project effectiveness monitoring will be provided in order to demonstrate the enviroma;,ntal benefits of the Main Relief Ca.na.1 Pollution Control Structure. A Preliminary Effectiveness Monitoring Plan (Water Quality Monitloring Plan) has been included in this proposal as Attachment A .. Deliverables: Summary of water quality monitoring results (contained in Preliminary, Project Report and Final Project Report)

Quarterly Reports. Each quartor, a project status report will be prepared. Deliverables: Qwtrterly Reports

Task 7 - Preliminary Project Report. A preliminary project report will be prepared that will access the project's effectiveness. It will be prepared about one-half way through the water qw,lity monitoring program and will be updated by the F±nal Project

A Preliminary Project Report

Task 8 • Final Project Report: A final project report will be prepared at the conclusion of the water quality monitoring progra:m and it will summarize the project's effectiveness and make reco=endations for similar future projects.

· Final Project Report (five paper copies and one CD)


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91

PROJECT MILESTONES:

Task Activitv. .Start Co.ntplete .. . 1 Surveying and Modeling Comnlete Comnlete 2 Oualitv Assurance Project Plan (QAPP) Month 3 Month6 3 CoDStruction Plans and Pennittin~ Month 1 Month9 4 Construction Month 11 Month 23 5 Public Involvement Month 1 Month23 6 Effectiveness Evaluation (Water Oualitv Monitorin<>• Month 24 Month48 7 Preliminary Proi ect Rer,ort Month 30 Month31 8 Final Project Reno rt Month34 Month49

PROJECT BUDGET:

}:,J~oj:~ct Funding Activity \ . .. . :n, . ..,, .. '·ilil:a·ti' h . ._, "•

3t!I •Qi) Alllou.nt ,. ·., ·, , ..... ,. -~ mg Mate~. S~urp~';: . ' ·· .. · .\ .. /C:on:tilib\lticin ,,,'t ..

S1'rff Travel Eouinment S"=lies Contractural Services: BMP Implementation $705,500.00 $3,407,160,00 Indian River County SUIVeving &: Modeling $40,000.00

uAPP and Monitorin~ $20,000.00 $40,000.00 .Indian River CounN Public Education $39,000.00 County/St. Johns River Wmd Other: Preliminary and Final $20,000 Indian River County Proi ect R.-.norts

Total: $725,500.00 $3,546,160 Total Project Cost: $4,271,660.00 Percentage Match: 16.98 83.02

*lf a stormwatet utility or other dedicated recurring fee is contributing, put that information in the following table.

MATCH SOURCE INFORMATION:

:\W~tch Source Name l'lesciiptlon . ., .

ERU/Fee ':·:.

Indian River County Local Ontion.Sales Tax Dedicated To Stormwater $400,000/.,,,.


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92

BUDGET BY TASK:

Project Funding,Aetivity 319 (h) Amount ,1 ... ,)\1::itclifog

Match\Source ·• ' Co:iittibution -

Task 1 Survesri"° & Madeline $40 000.00 Indian River Count:v Task 2 Quality Assurance Project $5,000 Indian River Co1.lllty Plan IOAPP) Task 3 Construction Plans & $464,975.00 Indian River County Permittine Task 4 Construction $705,500.00 $2,942,185.00 Indian River County, Vero

Beach Task 5 Public Involvement $39,000.00 County/St. Johns River Water

Momt District Task 6 Effectiveness Evaluation $20,000.00 $35 000.00 Countv Task 7 - Preliminary Project $10,000 Indian River County Reoort Task 8 Final Project Report $10,000 Indian River County

Total: $725,500.00 $3,546,160.00 Total Project Cost: $4,271,660.00 Percentage Match: 16.98 83.02

OTHER FUNDING (Not Match - such as land acquisition or other federal grants):

Ammjnt · • .

.

Total: .___ ________ ---"

OTHER INFORMATION: If this is a multi-year project,have you requested sufficient funds to complete the project (assuming funds requested herein are provided)? (State yes or no, and, if no, provide an ei,:planatfon):

The Lead Organization, as listed on the first page of this form, agrees to comply with all requirements specified in the guidance package and in the federal grant regulations. Checking "no" or "yes, except" will cause the project to have a lower ranlting tha_n sixn!lar projects by lead organizations that agree to the requirement;:

Yes: 121 No:O Yes, except: D (Note: List exceptions below.)

Exceptions:


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Sampling Locations:

APPENDtx A: MONITORING PLAN

Draft Water Quality Monitoring Plan For

Main Relief Canal Pollution Control Structure BMP Effectiveness Evaluation

In.flow and outflow ofthe treatment system

Frequency of monitoring: Seven storm events of varying intensity

Storm Events:

Flow Measurements:

Storm event flow in the Main Relief Canal is dictated by the opening of a water control structure operated by the lRFWCD. Gates are opened an average of 20 times per year and left open approlcimately 20% of the year. Typically a one-inch rainfall or greater will result in a gate opening and discharge to the IBL.

Flow will be measured using ultrasonic or similar flow meters.

Parameters to be monitored:

Parameter Total Cadmium Total ChromJum Total Copper Total Zinc NO2+NO3 TICN Total Ammonia N Total Phosphorus Ortho Phosphate TSS Oil/Grease

Detection Limit l ug/1 5 ug/1 5 ug/1 10 ug/1 0.1 mg/1 0.3 mg/! 0.05 mg/I 0.05 mg/1 0.05 tng/1 l mg/I 1 mg/J

Method Composite Composite Composite Composite Composite Composite Composite Composite Composite Composite Composite

BMP Effectiveness Evaluation

Vegetative material collected from the trea1mont system will be continuously quantified by recording a wot weight and moisture content. Representative samples will be periodically collected and analyzed for total phosphorus and total nitrogen on a dry-weight basis. The County will maintain a running log of the total weight of vegetative material removed by the treatment system lt will maintain a running total of phosphorus and nitrogen removed on a dry-weight basis. This information will"be used to document credit towards achieving the TMDL for thls basin.

The Main Relief Canal has a continuous flow discharge to the Indian River lagoon that averages approximately 50 million gallons per day. During storm event periods radial control gates are opened to release flood waters stored in approltinlately 150 miles of canal and ditch network in the 21,705 acre basin. Gate openings occur approximately 20 times per year and remain open 2,000 to 3,000 hours per year. Discharges following a gate opening can reach 400 cubic feet pex second, Due to the characteristics of thi_s unique discharge situation, the County proposes to collect ftequelitgrab samples "from the influent to the vartex"tinit and from the effluent: Flow will"be continuously monitored so that a mass loading will be established from the concentration data following laboratory analysis of the samples (see parameter list above). Since the focus is on particulate matter and its associated pollutants, we do not recommend the conventional automated sampler with the small intake tubing. Toe typical intake tubing associated with a sampler cannot pull a representative sample that contains the particulate load. Toe County proposes to conduct a characterization of both the influent and effluent channels to determine the best sampling technique, We will work with FDBP to develop the most appropriate sampling protocol to establish effectiveness monitoring.

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ATTACHMENT B PAYMENTREQUESTSUMMAR.YFO:RM

GRANTEE: _________ _ GRANTEE'S GRANT MANAGER:

DEP AGREEMENT NO.: G0182 PAYMENT REQUEST NO.: ___ _

DATE OF REQUEST: _____ _ PERFORMANCE PERIOD: _________ _

AMOUNT PERCENT MATCHING REQUESTED:$ _______ _ REQUIRED:. ______ _

GRANT EXPENDITURES SUMMARY SECTION

[Effective Date of Grant tbtou End-of-Grant Period AMOUNT OF TOTAL MATCHING

CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS PAYMENTS

Salaries $NIA $NIA $NIA

Fringe Benefits $NIA $NIA $NIA

Travel (if authorized) $NIA $NIA $NIA

Subcontracting:

BMP Implementation $ $ $

Surveying & Modeling $ $ $

QAPP &: Monitoring $ $ $

Public Education $NIA $NIA $

Equipment Purchases $NIA $NIA $NIA

Supplies/Other Expenses $NIA $NIA $

Land $NIA $NIA $NIA

Indirect $NIA $NIA $NIA

TOTALS $ $ $

AGREEMENT AMOUNT $ $

Less Total Cumulative Payments of: $ $

TOTAL REMAINlNGIN GRANT $ $

GRANTEE CERTIFICATION Tbe undersigned certifies that the amount being requested for reimbunement above wu for items thst were charged to and utilized only for the above cited grant activities,

Grantee's Grant Manager's Signature Grantee's Fiscal Agent

Print Name Print Name

Telephone Number Telephone Number

DEP 5S-l23 (02104) DEP Agreement No. GOl 82, Attachment B, Page 1 of 2

TOTAL CUMULATIVE

MATCEilNG FUNDS.

$NIA

$NIA

$NIA

$

$

$

$

$NIA

$

$NIA

$NIA

$

95

INSTRUCTIONS FOR COMPLETING ATTACHMENT B

PAYMENT REQUEST SUMMARY FORM

GRANTEE: Enter the name of the grantee's agency. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. AMOUNT REQUESTED: This should match the amo\lllt on the "TOTAL AMOUNT" line for the "AMOUNT OF TlllS REQUEST' oolumn. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant agreoment. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PER10D: This is the beginning and ending date of the invoice period. PERCENT MATCHlNG REQUIRED: Enter your match requireme_nt here.

GRANT EXPENDITURES SUMMARY SECTION:

"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out during the invoice period. This must be by budget category as in the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Narrative section of the current Grant Work Plan. Enter the column total on the "TOTALS" line. Enter the budget amount on the "AGREEMENT AMOUNT' line, Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OP' from the "A GREEMENTAMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT' line.

"TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been paid to date for expenses by budget category. The final report should show the total of all payments, first through the final payment, etc. Enter 1he column total on the "TOTALS'' line. Do not enter anything in the shaded areas.

"MATCIDNG FUNDS" COLUMN: Enter the amount to be claimed as match for theinvoice period. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTALS" line for this column. Enter the match budget amount on the "AGREEMENT AMOUNT' line for this column. Enter the total cumulative amo\1111 of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT' line.

"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to dAte for match by budget category. Put the total of all on the line titled "TOTALS." The final report should show tho total ofall claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.

GRANTEE CERTIFICATION: Must be signed by both·the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent.

NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer,

DEP 55-223 (02/04) DEP Agreement No. G0182, Attachment ll, Page 2 of 2

96

ATTACHMENT C

Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005)

Cost Reimbursement Contracts

Invoices for cost reirobursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amoll.llt for which reimbursement is being claimed indicating that the item has been paid. Check m!lllbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed.

Contracts between state agencies, and or contracts between universities may submit. alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.

Listed below are examples of types of documentation representing the minimum requirements:

(1) Salaries:

(2) Fringe Benefits:

(3) Travel:

(4) Other direct costs:

· (5) In-house charges:

(6) Indirect costs:

A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.

Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe · benefits, then the calculation for the fringe benefits amount must be shown.

Exception: Govc:nmJJ:ntal entities are not requited to provide check numbers or copies of checks for fringe benefits.

Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means.

Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A"l.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State.

Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.

If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown.

Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University · system or the State Community College system, the agency receiving the contract ox grant moneys shall charge no more than a reasonable percentage of the total cost of the contract or grant for overhead or indirect cost or any other cost not requited for the payment of wrect costs.

The Florida Department of Financial Services, Reference Guide to State Expenwtnres (January, 2005) can be foll.lld at the following web address: ht1J)://www.fldfs.com/aadir/reference%5Fguide/.

Revised 2/2006 DEP Agreement No. G0182, Attachment C, Page I ofl

97

DEP Ae:reement No.: Grantee Name:

Grantee Address:

ATTACHMENT D

PROGRESS REPORT FORM

G0182

Grantee's Grant Mana2er: I Televhone No.: I

Quarterly Renortinl! Period: Pro.iect Number and Title:

Provide a summary of project accqmplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.)

Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays.

Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.

DEP 55-228 DEP Agreement No. G0182, Attachment D, Page 1 of2

98

(continued from page 1)

Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.)

Summarize and provide supporting documentation regarding your efforts in meeting the MBE/WBE requirements contained in paragraph 5.B. of the Agreement

Provide a project budget update, comparing the project budget to actual costs to date. Expenditures Prior to this Expenditures

Budget Total Project Reporting. this Reporting Project Funding Category Budget Period Period Balance

This report is submitted in accordance with the reporting requirements ofDEP Agreement No. GOl 82 and accurately reflects ~e activiti.es and costs associated with the subject project.

Signature of Grantee's Grant Manager Date

DEl" 55-228 DEl' Agreement No. G0182, Attadunent D, Page 2 of 2

99

ATTACHMENT E

SPECIAL AUDIT REQUI8ltMENTS

The ad:min.istration ofresources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Oranto1·", or other name in the contract/agreement) to the recipient (which may be referred to as the "Coiitractor", Grantee" o,· ather name in the contractlagreememt) may be subject to audits and/or monitoring by the Department ofEnvitomnental Protection, as described in this attachment

MONITORJNG

In addition to reviews of audits conducted in. accordance with 0MB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by 0MB Citct1lar A-133, as revised, and/or other procedures. By entering into this Agreemen~ the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by .the Deparlment of Environmental Protection. In the event the Department of Environmental Protection detemrines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, i.nvestigations, or audits deemed necessary by the Chief Fi.nancial Office!'. or Auditor General.

AUDITS

PART I: FEDERALLY FUNDED

This part is applicable if the recipient is a State or local govemment or a non-profit organization as defined in 0MB Circular A-13 3, as revised.

In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of 0MB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from· the Depa:rtment of Env:ironmental Protection. The determination of amounts of Federal awards expended should be in accordance with tbe guidelines established by 0MB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 0MB Circular A-133, as revised, will meet the requirements of this part.

2. . In connection with the audit requirements addressed in Part I, paragraph !., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of 0MB Circular A-133, as revised.

3. If the recipient ei,pends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 0MB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance.with .the.proYisions. of 0MB Circular A-.133, as revised, the cost of the audit must be paid from non,Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other tban Federal entities).

4. The recipient rnay access infonnation regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http:/112.46.245.l 73/cfd~/cfda.html.

DJ;iP »·215 (09105)

DEP Agreement No. G0182, Attachment E, Page 1 of 5

100

PARTII: STATE FUNDED

This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes,

1. In the event that the recipient expends a total amount of State finaocial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Stamtes; applicable n1ks of the Department of Financial Services; and Chapters 10.550 (local gove:rnrnental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 10 !bis Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received ftom the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-throttgh awards and resources received by a nonstate entity far Federal program xnatching requirements.

2, In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. Th:is includes submission of a financial reporting package as defined by Section 215.97(2)1 Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. ·

3. lf the recipient expends less than $500,000 in State financial assistance in its fIBcal year, an audit conducted _in accordance with the provisions of Section 215.97, Florida Statutes, is ·not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have ao audit conducted in accordance with the provisions of Section 215 .97; Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an awlit must be paid from the recipient's resources obtained from other than State entities).

4. For information regarding the Florida Catalog of State Financial Assist.rulee (CSFA), a recipient should access the Florida Single Audit Act website located at~ or the Governor's Office of Policy and Budget website located at )J1:tl • ~ for assistance, In addition to the above websites, the following websites may be accessed fer information: Legislature's Website httP :I lwww.leg.state.fl. usfW cl cornc/index.cftn, Governor's W cbsite h!iJl://www.mJiilorjda.coroL. Department of Financial Services' Website-~and the Auditor General's Website hj:tp://wvrw.state.f!.us/audgen/pages/flsaa.htm.

PART ill: OTHER AUDIT REQUIREMENTS

(NOTE: This part would be used to specify any additional audit req11irements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit ts not required by Federal or State laws and i.i not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may cond11ct or anangefor audits of State.financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.)

PART IV: REPORT SUBMISSION

1. Copies of reporting packages for audits conducted in accordance with 0MB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), 0MB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:

DEP 55,215 (09/05) DEP Agreement No. G0l82, Attachment E, Page 2 of S

101

A. The Deparnnent of Environmental Protection at the following address:

Audit Director Florida Department ofEnvironroental Protection Office of the l:nspector General, MS 40 2600 Bl.air Stone Road Tallahassee, Florida 32399-2400

B. The Federal Audit Clearinghouse designated in 0MB Circular A-133, as revised {the number of copies required by Sections .320 (d)(l) and (2), 0MB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the follow:ing address:

Federal Audit Clearinghouse Bureau of the Census 120 I East 10th Street Jeffersonville, IN 47132

C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), 0MB Circular A-133, as revised.

2. Pursuant to Section .320(!), 0MB Circular A-133, as revised, the recipient shall submit a copy of the reporting pack.age described in Section .320(c), 0MB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address:

Audit Director Florida Department of Enviromnental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400

3. Copies of financial reporting pack.ages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each oftne following:

A. The D,pa.."1:ment cfEnvuonmental Protection at the folloW'.ing address:

Audit Director Florida Department of Bnviromnental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400

B. The Auditor General's Office at the following address:

DE? '5·215 (09/05)

Siate of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450

REMAINDER OF PAGE INTENTIONALLY LEFT BLANl<


102

4. Copies ofreports or management letters requ:ired by PART ill of this Altllchnient shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address:

Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400

5. Any reports, management letters, or other . information required to be submitted to the Department of Enviromnental Protection pursuant to this Agreement shall be submitted timely in accordance with 0MB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable ..

6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 0MB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package.

PART V: RECORD RETENTION

The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is. issued, and shall allow the Depi1I1mc:nt of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall en.sm:e that audit working papers are made available to the Department of Environmental Protection,

· or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.


DEP 55-2 JS (09/05) DEP Agreement No. G01~2, Attachment E, Page 4 of 5

103

...... C)

~

EXHIBIT-1

FUNDS A WARDED TO THE RECIPIENT PURSUANT TO TIIlS AGREEMENT CONSIST OF THE FOLLOWING:

Federal Resources Awarded to the Recioient Pnrsuant to this Al!reement Consist of the Followin11::

Federal - State

Program CFDA Appropriation

Number Federal Agency Number CFDA Title Fnnding Amount Category

Original u_s. Depa11ment of 66.460 Nonpoint Sonrce Implementation Granls $725,500.00 140076

Agreement Environmental Protection

State Resources Awarded to the Recipient Pursuant to this Ai?reement Consist of the Followin" Matchinl! Resources for Federal Pro.,,rams: Federal State

Program. Appropriation Number Federal A11.ency CFDA CFDA Title Funding Amount Category

.

State Resources Awarded to the Recipient Pursuant to this A"reement Consist of the Followin!! Resources Subiect to Section 215.97, F.S.: State CSFA Title State

Program Stare CSFA or Appropiiation Number Fnndinit Source Fiscal Year Number Funding Source Description Fundmg Amount Category

Total Award [ $725,500.00

For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance {CFDA) (http:/112.46.245.173/cfda/cfda.htmlJ and/or tl1e Florida Catalog of State Financial Assistance (CSFA) [https:Happs.fldfa.com/fsaa/searchCatalog.aspx]. The services/purposes for which.the fonds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in tbe Conlract .

DEP 55-215 (09/05)


• •r1•• - • ~- -., ~.,A_

), 'l'ypc of Federal Action;

• a. contract b, grant c:. co•pert1.tivc ngreement cl. 1oan e, loan guarantee f. loan insurance

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to dist.lose lobbying ac:tiviticS pllrSUant to 31 U,S.C. 1352 (See reverse for public burden disclosure.)

l. Status of Federal Action: 3, Report Type:

• 0.. bid/offer/application • I!, inithd tiHng

b. initial a.ward b. material change

c. post•award For Moterlnl Change Only:

year quarter date of ls.st report

0348-0046

4- Neme 2m1 Add!""e!!S ~fR.eportirtg Entity; 5. IfR.eportlng Entity in No. 4 is Sub=w~?dc.:, 'E::t::r Name and Address of Ptime::

D Prime • Subawardee Tier - if known:

Congre$1;ional .Ois:trict1 ifknoW11: Congressional District if known:

6, Fed-,ral Depariment/Agenty: 7, Federal Program Name/Description:

CFDA Number, if appUtnble:

8, Pederal Action Number, if known: 9, Awl."lrd Amount1 if known:

$

10- ;i.. N'A.ml': :and Addre,s oil.obbyinr; Entity b, Individuals Performing Servt~es (including add:r~ss if (ifi1triivinual, last name,first name, MI): dt'fferemtfrom No, JOa)

{last nnme,fir:;t name, Ml);

(attach Continuation She.et(s) SF-LLLA, ifnec:essa ... •1

Signature: 11, lnformadon rcq1.1ested through thi~ form i; 11uthor'i2:ed by tit.le 31 U.S.C,

:i,ei;:tion 13:52. 'rbii disclosure of lobbyini acdvttJc& i, • materin.l Print Name; represenl.ation of fact upon whkh reliance was ph•~ed by thr: tir:r .ubcive when this trnn:i;:~~tion w11s m11de cir entere~ intQ, This dlsclosure Is requJred

Title: . p1,1rsu111nt tci 31 U.S,C, 1352, This lnformadcm will be reported to Congms senii-annually and will be av11ih1bli;"for p..-iblic: ii,~peetion. Any per!II0l1 who fails .w file the rr:quired disclosure shall be subject to a civil penalty of not 'telephone No.: D;i.te: .I~$ th,ai,. .$10,000 and not more than Sl00,00Q for eJ1cti Jµi;:I, fn,ih•~-

Federal Use Only: Authorized for Local Reproduction , Stamiard Form- LLL (Ri:.v 7 ., 91)

Form DEP 55-ZZI (01/0l)

DEP Agreement No. G0182, Attachment F, Page 1 on

105

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVlTlES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is reqnired for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all lten:is that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action,

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a followup report caused by a mate:rial change to the information previously reported, enter the year aud quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action.

4. ' Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check tbe appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardce of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgra.nts and contract awards under grants.

S. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. ·

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 ( e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement nun1ber; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefrxes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the plime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state aud zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a), Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title and telephone number.

Ac:c.ording to the Paperwork Reduction Act, as amended, no persons are required to respond to a c,;illectlo~ Qf informathJn unle.si it di&plays a valid 0MB Control Number. 'rhe Vl'lid 0MB control number for this informaticm ~ollection Is 0MB No. 0348 .. 0046, PubUcreporting burden for this c:olleetlon of Information is estimated to average 30 mirJutes per response, including time for rt.-vicwing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewh,g t})e collection of information. Send c::omments reg11rdi11g tl:Je burden estimate o:r any other aspect of thio collection of lnfortnation, inc:luding suggestions for reducfoa this burden., to the Office of Mana"'cment and Budizet, '.P:,u,erwo1·k Reduction Prulcct 10348-0046), Washinat«;m, J>,C. Z05Dl,

FormDEP 55-221 (01/01)

DEP Agreement No. G0JS2, Attachment J?, Page 2 ofZ

106

ATTACHMENT G

LOBBYING.AND LITIGATION CERTIFICATE•

l hereby certify that none of these funds have been used to engage in 1he lobbying of the Federal Government or in litigation agau1st the United States unless authorized under existing law.

Assistao.c.e Agreement Number(s)"* ChiefE:i;:.ecutive Officer

Date

•Complete this form pursuant to the 200l Department of Veterans Affairs and :I-lousing and Urban Development, and Independent Appropriations Acts, Public Law 106-277, Section 4:24 and 2000 Popartmmt ofVeternnsA!'fairs and Housrns iind . U:tbaa Development; and lrulependeatAppropriations Acts, Pubtic Law 106-74, Section 426 and my other subsequa1t AppropriatiQ!l Act 1-eqµirements. ·

*'ff cottifying for more than one grnnt m.unber and more space is needed, ,ploase.list additional mimbers in the space provided below:

Ftctit.1 ,nail fhb fo.n.-nto yow· Gr~ Specl~ht. DO NOT 111m.d this it:if/J'l"O'.l#~on to ~o o·ffic:c:i o£'M.m:m;¢mcnt &B'Ud;et.

:Sm-dm !itawnont- lbo ..,.wi1 publio n:porii.og·"~" ,coo,d l<«:ping burd<!> for li,.i, •6ll••'tion .iifinl'om>;<t\oo i, "tim•t.-.d. to """•~• $ minut.oi::& por ti:.spondi:.at. B'l.:rd,m r.111:ans ih,; totlll fum~ Qffurt, or finatl1.1ial resources c:x::,Pcndcd 'm.,' persons to s;mC'J'.3.tc, .maintain, retain, or dis¢IO:ff. ot pt:Oio'idc inf~ on to <Pr' fOl' a F111dml 0.1£tn¢y, Tiiis intludt~ the time nccd4d to rilMcw wstructio:ns; devd.op, allquin::, fo.,t:Jl, a.Q.d, ~lixtr t.t:c.1.malQgy·:,,od $f$1t'4~i fot t:h«l)l,ltpl,'t$0,1;' of llOllc:i¢:ting,. 'Y1ili~,.ifnJt ve.ci{9in~ informsti.on, pro;i::ssing imd,n::ta:inbliaiug in:fommtion~ and diW.osing and providi:oa in:furmillUou; ad~ the. C'lcisiing.wa~ to coWJ?lywith any previou,.ly appll,eublc il'lSt:nNtions md n:ql.11.retr1CD.ts\ ·trnin.pcta:om1,clto be. able. to N&pl)tld to .a,eallcctio.o of infon:W1tio.n.; se&"Cb dam source~; C(!'!:'.Wl.cN imd r.o-vicw th'Q r.::ollo-t;tion of mfonnation; ~d vaQ.~t or Qthfl"Wl!i,e di:sclo~i::;ih¢ i.nfom;iation. ~ agency may not con du.ct Of·SPONC't'~ and a ,PtrSQfl b u.ot rcqui~ to 1't$p0nd to, a eoltaeQoo <ifin.:f~tion. unle6.s· it: displ~s i:,. c\111'f:ilUy vru.id O:MB control n~t.l.'. '.Ole Olv.tS c.o11tr.ol nurubcr,. fol.El?A"'s; r.cgnl::rti.:iJ~ '?l't Li:~t,i:<l itl.40 CF& P~1:·9•,A.D~4S CF'.R Clrnptw H.

Sw.d,e~ts on the. AgmcYs nt:11:d. fur thi$ U'lf0l'.D:':lilti<n1,, the: ffl':CunilC)' of the: provided burden estimates, aud any sunes~d n:thods for.minimizing ~p;poodmt. b!k'den~ inll'lttding through tht:: use .o! auto!D.IINd'.cOllC'C'lion tt::chniqucs: to the Di:rc:ctor, ll.ogul•t•,y W.rmotlon Oivisi<m, U.S .. l!=iro=uttal l'rot<otioo ,lg•n•y (I.IJ1), qo1 M. .st., s;w, Woshington, ll. C. 20460; ,md to d,o· Offi•• ofJ,,fo.,,,ation "'d ll.ogul•to,y Affal,~. Offi•• •fll<l>ll~<m..t ond Boogct, 12, !7!h Stro•~ NW, W,sbingloo, DC lOSCS~ Attcmio~ De~k Oflice:r for.:EJPA. lnc.ludc th.: :El?AlCRu'Unlbcr ao.d.91Ym t-o:Wol OUmbi:1::ln :aoy ~rrc.spondenoe.

EPA Fonn 5700•!3 (Rov, 2--02)

DEP Agreement No. G0182, Attachment G, Page 1 ofl

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ATTACHMENT H Quality Assurance Requirements

For Federally Funded NPS BMP Monitoring Agreements

1. All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Work performed for the Department of Environmental Protection under Contract" (DEP-QA-002/02), February 2002.

2. LABORATORIES a. The CONTRACTOR shall ensure that all laboratory testing activities are performed by

laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP) for all applicable matrix/method/analyte combinations to be measured.

b. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall apply for certification within one month of Contract execution between the laboratory and the CONTRACTOR. Within six months of ihis Contract execution, the laboratory shall be fully certified for all applicable matrix/method/analyte combinations to be performed. Regardless of when the laboratory receives certification, the laboratory must implement all applicable st.andards of the National Environmental Laboratory Accreditation Conference (NELAC) upon Contract execution.

c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub-contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte combination(s). The CONTRACTOR shall notify the DEP contract manager in writing before any change to a sub-contracted laboratory is made.

d. A copy of the DoH • ELCP Certificate and the associated list of specific fields of accreditation for each contracted or sub-contracted laboratory shall be provided to the DEP contract manager upon Contract execution or upon receiving DqH certification (see items 2.a and 2.b above).

e. The CONTRACTOR shall ensure !hat an acceptable initial demonstration of capability . (IDOC), as described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that performs any of the proposed matrix/method/analyte combination(s) must have the requisite IDOC documentation and supporting laboratory records. IDOCs shall be performed before the test procedure is used to generate data for this Contract. If requested by the Department, documentation that supports the IDOC shall be made available for review.

f. When performance test samples are not required by DoH ELCP for certification, the laboratory shall obtain, analyze and evaluate performance test samples, standard reference materials (SRM) or other externally assayed quality control (QC) samples, hereinafter known collectively as quality control check (QCC) samples. (i) The laboratory shall · ensure that the selected QCC samples(s) represent all

m.itrix/method/analyte c_ombinations that .. i:lt!/ not subject to certifi9ation req1,1irements. (ii) These samples shall be analyzed at six-month intervals and the results shall be

within the acceptable range established by the QCC sample provider. g. Any non-standard laboratory procedures or methods that are proposed for use (i.e.,

those not approved by DEP for standard environmental analyses) shall be submitted for review and approval in accordance with DEP-OA-001/01, "New and Alternative Analytical Laboratory Methods," February 1, 2004. These procedures or methods shall be approved by the DEP contract manager before use under this Contract and must be cited or described in the required planning document (see Section 6).

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h. The CONTRACTOR shall ensure that Practical Quantitation .Limits (PQLs) and Method Detection Limits (MDLs) required by the Contract are listed in the planning document (see Section 6).

i. The CONTRACTOR shall ensure that the selected laboratory lest methods listed in the planning document can provide results that meet the Contract data quality objectives.

j. The CONTRACTOR shall ensure that all laboratory testing procedures follow the analytical methods as approved in the planning document (see Section 6).

k. The CONTRACTOR shall ensure that the all laboratory quality control measures are consistent with Chapter 5 of the NELAC standards.

I. In addition, the CONTRACTOR shall ensure that the quality control requirements specified in the attached addenda are followed.

m. The CONTRACTOR shall ensure that all sample results are calculated according to the procedures specified in the analytical methods approved in the planning document

3. FIELD ACTIVITIES a. "Sample" refers to samples that have been either collected or analyzed under the terms

of this Contract. · b. The CONTRACTOR shall ensure that all sample collection and field testing activities are

performed in accordance· with the Department's "Standard Operating Procedures for Field Activities" (DEP-SOP-001/01, February 1, 2004). The specific standard operating procedures (SOPs) to be used for this Contract shall be cited in the planning document (see Section 6).

c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager in accordance with section FA 2000 of DEP-SOP-001/01. All nonstandard procedures and methods must be approved by the DEP contract manager before use under this Contract and must be cited or described in the planning document.

d. Per the quality control measures outlined in the DEP SOPs (FQ 1000 and the calibration requirements of the FT-series for field testing), the CONTRACTOR shall ensure that the following field quality controls (and any additional quality control measures specified in the addenda) are incorporated into the project design: (i) Matrix-Related Quality Controls • The CONTRACTOR shall ensure that the

laboratory is provided with sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates or laboratory duplicates as follows: (1) The first time a sample from a sample collection matrix (see Table FA 1000-1) is

collected; (2) The last time samples are collected for the sample collection matrix.

(ii) Field-Generated Quality Control (QC) ·Blanks - Blanks associated with field activities as defined in FQ 121 O of the DEP SOPs shall be collected according to the

· requirements of FQ 1230. . (1) If an analyte detected in the sample is also found in any field-generated QC

blank that is associated with the sample, the CONTRACTOR shall investigate and attempt to determine the cause of the QC blank contamination. The outcome of this investigation shall be reported and shall include a discussion of the corrective measures taken to minimize future occurrences of QC blank coritairiiriatiori. .. . ...

(2) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with the sample, the CONTRACTOR shall ensure that the analyte in the affected sample is reported as estimated (" J" with a narrative explanation) unless the analyte concentration in the affected sample is at least 1 O times the reported QC blank value concentration.

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4. Rcf>ORTING, DOCUMENTATION AND RECORDS RETENTION a. The CONTRACTOR shall ensure. that all laboratory and field records as outlined in

Rules 62-160.240 and .340, F.A.C. are retained for a minimum of five years after the project completion.

b. All field and laboratory records that are associated with work performed under this Contract shall be organized so that any information can be quickly and easily retrieved for inspection, copying or distribution.

c. The CONTRACTOR shall ensure that all laboratory reports are issued in accordance with NELAC requirements. These reports shall be submitted to the DEP contract manager as part of Quarterly Progress Reports and shall include the following information:

• Laboratory sample identification (ID) and associated Field ID • Analytical/test method • Parameter/analyte name • Analytical result (including dilution factor) • Result unit • Applicable DEP Qualifiers per Table 1 of Chapter 62-160, F.A.C. • Result comment(s) to include corrective/preventive actions taken for any failed

QC measure (e.g., QC sample, calibration failure, etc.) or other problem related to the analysis of the samples

• Date and time of sample preparation (if applicable) • Date and time of sample analysis • Results of laboratory verification of field preservation • Sample matrix • DoH ELCP certification number for each laboratory (must be associated with the

test result(s) generated by the laboratory) • MDL • PQL • Sample type (such as blank type, duplicate type, etc.) • Field and laboratory QC blank results:

• Laboratory QC blank analysis results as required by the method, NELAC Chapter 5 and the planning document (see Section 6 below);

• Field quality control results including trip blanks, field blanks, equipment blanks, and field duplicates (or replicates} as specified in the planning document (see Section 6) .

• Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates, as applicable

• Results of surrogate spike analyses (if performed) • Results of laboratory control samples (LCS) • Link between each reported quality control measure (e.g., QC blanks, matrix

spikes, LCS, duplicates, calibration failure, etc.) and the associated sample ~u~ .

• . Acceptance criteria used to evaluate each reported quality control measure d. The CONTRACTOR shall ensure that the following field-related information is reported

to the DEP contract manager: • Site and/or stormwater BMP name • Field ID for each sample container and the associated analytes (test methods)

for which the container was collected • Date and time of sample collection • Sample collection depth, if applicable • Sample collection method identified by the DEP SOP number. where applicable

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• If performed, indicate samples that were filtered • Field test measurement results, if applicable:

• · DEP SOP number (FT-series), where applicable • Parameter name • Result • Result unit • Applicable Data Qualifiers per Table 1 of Chapter 62-160, F.A.C.

• Narrative comments discussing corrective/preventive actions taken for any failed QC measure (e.g., blank contamination, meter calibration failure, split sample results, etc.), unacceptable field measurement or other problems related to the sampling event.

e. The CONTRACTOR shall submit the !ab and field data above electronically in either Excel or Access format.

5. AUDITS a. AUDITS BY THE DEPARTMENT - Pursuant to Rule 62-160.650, F.A. C., the Department may

conduct audits of field and/or laboratory activities. In adclition to allowing Department representatives to conduct onsite audits, the CONTRACTOR, upon request by the Department, must provide all field and laboratory records pertinent to the contracted field and laboratory activities. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) or do not meet the data quality objectives specified by the Contract, the DEP contract manager shall pursue remedies available to the Department, including those outlined in Section 8 below.

b. PLANNING REVIEW AUDITS (i) Initial: Within 15 days of completing the first sampling and analysis event, the

CONTRACTOR and all associated subcontractors shall review the planning document (see Section 6 below) relative to the completed field and laboratory activities to determine if the data quality objectives are being met, identify ariy improvements to be made to the process, and refine the sampling and/or analytical design or schedule. Within one month of the review, a summary of the review, including any corrective action plans or amendments to the planning document, shall be sent to the DEP contract manager and a copy shall be maintained with the permanent project records.

(ii) Ongoing: Planning reviews as described in item (i) above shall occ!Jr annually. C. QUALITY SYSTEMS AUDITS - The CONTRACTOR and all subcontractors shall ensure that

any required laboratory and field quality system and management systems audits are performed according to the respective Quality Manuals for each contracted and subcontracted entity. These audits shall be documented in the CONTRACTOR's and subcontractors' r(;lcords.

d. STATEMENTS OF USABILITY - As a part of the audit process and the final report, the CONTRACTOR shall provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality Indicators specified in the planning document, this attachment and the addenda. (i) The CONTRACTOR shall ensure that all acceptance ·and usability criteria required

by this Contract not specified above are listed in the planning document. (ii) The CONTRACTOR shall ensure that the results of all quality control measures

described above are evaluated according to the acceptance criteria listed in this attachment, the addenda and the planning document.

(iii) The CONTRACTOR shall ensure that all sample results are evaluated according to the additional usability criteria specified in the planning document.

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6. PLANNING DOCUMENT

a. The CONTRACTOR shall submit the planning document identified below to the DEP contract manager no later than 120 days prior to the commencement of field and laboratory activities. Failure to subm.it the planning document in this required timeframe shall result in a delay of approval to begin work until the document has been submitted to the Department and approved by the DEP contract manager. The document shall be submitted as a Quality Assurance Project Plan (QAPP) that is prepared in accordance with "EPA Requirements for Quality Assurance Project Plans, EPA QA/R-5", (EPA/2408-01/003 March 2001 ).

b. The CONTRACTOR and subcontractors may submit a version of the planning document to the Department for approval no more than three times. If the CONTRACTOR fails to obtain approval for the planning document after the third (final) submission to the Department, the DEP contract manager may suspend or terminate the Contract.

c. The DEP Contract number shall appear on the title page of the submitted planning document. Within forty-five (45) days of receipt of the properly identified planning document by the Department, the Department shall review and either approve the planning document or provide comments to the CONTRACTOR and affected subcontractors as to why the planning document is not approved. If further revisions are needed, the CONTRACTOR shall then have fifteen (15) days from the receipt of review comments to respond. The Department shall respond to all revisions to the planning document within thirty (30) days of receipt of any revisions.

d. If the review of the planning document by the Department is delayed, through no fault of the CONTRACTOR, beyond sixty (60) days after the planning document is received by the Department, the CONTRACTOR shall have the option, after the planning document is approved, of requesting and receiving an extension in the term of the Contract for a time period not to exceed the period of delayed review and approval. This option must be exercised at least sixty (60) days prior to the current termination date of the Contract.

e. Sampling and analysis for the Contract may not begin until the planning document has been approved.

f. Once approved, the CONTRACTOR shall follow the protocols specified in the approved planning document including, but not limited to:

· • Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability;

• Using only the protocols approved in the planning document; and • Using only the equ.ipment approved in the planning document.

g. If any significant changes in procedures or test methods, changes in equipment, changes in subcontractor organizations or changes in key personnel occur, the CONTRACTOR shall submit appropriate revisions of the planning document to the DF;P contract manager for review. The proposed revisions may not be implemented until they have been approved by the DEP contract manager. If the CONTRACTOR fails to submit the required revisions, the DEP contract manager may suspend or terminate the Contract.

h. l/lf.h1:1n th.~. apprc,ived planr1ing doc,:ume!'ll requir1;1s modification, the amendm.ents shall be (i) Provided in a new planning document, or (ii) Provided as amended sections of the current planning document, or (iii) Documented through written or electronic correspondence with the DEP contract

manager and incorporated into the approved planning document. 7. DELIVERABLES

a. The following lists the expected schedule for the deliverables that are associated with the Quality Assurance requirements of this Contract:

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(i) Copy of DoH ELCP Certificate(s) and the associated list(s) of specific fields of accreditation, per item 2.d above.

(ii) Non-standard laboratory or field procedures - The CONTRACTOR shall submit to the DEP contract manager all required information necessary for review of nonstandard procedures per items 2.h. and 3.b. above.

(iii) Reports of planning review audits as specrfied in item 5.b. above. (iv) Statements of Usability as specified in item 5.d. above. (v) Planning document per Section 6, above.

8. CONSEQUENCES a. Failure to comply with any requirement of this attachment may result in:

(i) Immediate termination of the Contract. (ii) Withheld payment for the affected activities. (iii) Contract suspension until the requirement(s) has been met. (iv) A request to refund already disbursed payments. (v) A request to redo work affected by the non-compliant activity. (vi) Other remedies available to the Department.


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113

Addendum 1 Quality Control Requirements for Laboratories Performing Chemical Analysis

In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract.

1. Matrix-Related Quality Control Samples - The CONTRACTOR shall ensure that samples associated with this Contract are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates. The laboratory shall analyze these samples: . a. The first time samples from a sample collection matrix (see Table FA 1000-1) are

submitted to the laboratory under this Contract for analysis. The laboratory shall select one or more of the received samples for use in composition cf the matrix spike and duplicates.

b. The last time samples from the sample collection matrix are received and analyzed. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates.

c. Spike levels must be at the concentrations specified in item 3 below: d. If the selected sample concentration is expected to be below the Contract-specified

practical quantitation limit (PQL) listed in the planning document, then matrix spike duplicates must be used.

2. Per NELAC Chapter 5 requirements, as least one Laboratory Control Sample (LCS; also known as Laboratory Fortified Blank) shall be prepared, analyzed and evaluated with each batch of 20 samples or less. · a. The acceptance criteria for the LCS shall be specified in the planning document. b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed

with a new LCS. If the samples cannot be reprocessed, the data must be appropriately qualified.

3. For applicable analytes denoted in the planning document, a QC check sample, standard reference material (SRM) or other quality control sample, hereinafter identified collectively as quality control check samples (QCCS), shall be processed with each sample preparation batch and analyzed for evaluation according to the acceptance limits established for the aces. a. Analysis of a QCCS is required for but not limited to the following analyses:

(i) Chlorophyll - the assay for the QCCS or its original formulation shall have been determined by an organization external to the laboratory ;

(ii) Biochemical oxygen demand (BOD) or carbonaceous BOD (CBOD) - the methodspecified glucose/glutamic acid check solution shall be used; and,

.b. If the aces is unacceptable, the samples associated with the QCCS shall be reprocessed with a new QCCS. If \he samples cannot be reprocessed, the data must be appropriately qualified for all contracted samples in the preparation batch.

4. Spiking/Fortification Requirements - All spike fortifications must take place prior to any required sample preparation steps (e.g., sample extraction, sample digestion, pH adjustment, etc.). The final concentration of any spike fortification shall be at the applicable level identified below. a. If any of the samples in the preparation batch are non-detect (i.e., below the MDL

specified in the planning document), the spiking level must not be greater than 2 times the Contract-specified PQL.

b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted sample in the preparation batch.

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5. Evaluation of Matrix Spikes - The results of matrix spikes must meet tha acceptance criteria specified by the Contract and listed in the planning document or the data must be appropriately qualified. a. If the failure is reported to be due to sample matrix interference, the laboratory shall

document the process by which this conclusion is determined. 6. Evaluation of Laboratory Duplicate/Replicate Samples - All replicate samples (sample

duplicates, matrix spike duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 % RPD. This criterion shall be listed in the planning document. a. In the event that laboratory replicate agreement is not observed, the laboratory must

investigate the poor precision and. report the results with appropriate qualifiers and/or comments.

7. Instrument Calibration - In addition to calibration procedures specified in the analytical · methods listed in the planning document, the CONTRACTOR shall ensure that the following

requirements are met: a. All sample results shall be chronologically bracketed between acceptable calibration

verifications. b. Initial Calibration Requirements

(i) The minimum number of calibration standards required to calibrate each instrument used for the contracted analyses shall conform to the analytical method approved in the planning document.· If the minimum number of calibration standards is not specified in the method, the number must be specified in the planning document and shall be consistent with the NELAC Chapter 5 standards.

(ii) Unless otherwise specified by the method, all sample results shall be based on the initial calibration curve responses.

(iii) If linear regressions are used, the correlation coefficient shall be equal to or greater than 0.995 for all regressions.

(iv) Immediately after performing an initial calibration, the accuracy of the calibration shall be verified using a second source. A second source may be a standard, a Standard Reference Material (SRM), or other sample type with a verified concentration such as a QC Check Sample. Standards must have been prepared from a different lot or vendor.

(v) The acceptance criteria for second-source verifications shall be specified in the planning document.

(vi) Sample analysis cannot proceed if an initial calibration is unacceptable .. c. Continuing Calibration Requirements:

(i) When an initial calibration is not performed on the day of analysis, a continuing calibration standard shall be analyzed, evaluated and determined to be acceptable prior to analyzing samples.

(ii) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run.

(iii) The acceptance criteria for continuing calibration verifications shall be specified in the planning document.

(iv) For each analytical .. run, . the .analytical sensitivity must be evaluated . using a continuing calibration standard prepared at the Contract-specified PQL. The analyzed value of this standard must be within 70% - 130% of the expected value. If this PQL check fails, the blank and associated sample results must be reported as "estimated" per Chapter 62-160, F.A.C. unless the affected results are at least 10

· times the absolute value of the observed bias of the POL check. (v) If a continuing calibration verification fails. samples not chronologically bracketed by

acceptable calibration verifications must be reanalyzed or appropriately qualified.

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d. Sample results below the Contract-specified PQL and above the highest calibration standard shall be appropriately qualified.

8. Quality Control Blanks a. If a Contracted analyte is detected in any analytical QC blank, the sample results that

are associated with the blank must be reported with the appropriate qualifier from Chapter 62-160, F.A.C., unless the affected sample concentrations are at least 10 times higher than the calculated QC blank concentration.

b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC blanks. ·

c. If a Contracted analyte is detected in the field blank, equipment blank or trip blank, the result must be confirmed by reanalyzing a new aliquot of the blank unless the sample concentration results associated with the blank are at least 1 o times the calculated blank concentration. Th.e laboratory must investigate the blank contamination to determine that positive blank results are not due to a laboratory error and report the affected samples and field-generated blank results with appropriate qualifiers and/or comments.

9. If any quality contra.I measure or calibration verification fails (including those specified above), samples that are associated with the failure must be reanalyzed, if possible. Sample data that are assoc;iated with a failed quality control measure or calibration must be appropriately qualified as specified in Chapter 62-160, F.A.C. An explanatory comment must be attached to the final report for each result that has a qualifier code other than U, I, or A. Any additional qualifier codes used but not explicitly listed in Chapter 62-160, F.A.C. must be identified and defined in the report

10. The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation weights and volumes.


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Addendum 2 Quality Control Requirements for Laboratories Performing Microbiological Testing

In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract.

1. All microbiological analyses must conform to the requirements for facilities, personnel qualifications, equipment specifications and quality control measures discussed in AWWA Standard Methods 2cf' edition, section 9020. .

2. Quality Control Blanks a. If the membrane filter technique is used, the sample set(s) shall be associated with a

b .. ninn'1ng an..i .,,..,i;,.,,.. fil+.o+.nn blank ... :::,, ' .. . - ..... ,, ..... ,::::, ,,,.,_.,,...,, ' ''. b. The results of any blank must be < 1 CFU/100 mL or the associated sample results must

be reported with the appropriate qualifier from Chapter 62·160, F .A. C. 3. Laboratory Quality Control Duplicates

a. At least 10% of the samples (or one per test run) shall be duplicated. b. All duplicate results shall be evaluated per method specifications using the precison

criterion. The range of the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. .

c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the laboratory established precision criterion) is not observed between results from field-generated replicate samples, the laboratory must invlilstigate the replicate analyses to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments, The laboratory shall use the analytical · method specifications for precision control as a guide to evaluation of the field-generated replicate results.

4. Colony Counts a. In addition to the requirements listed below, all analytical results shall be calculated by

the procedures established in the microbiological method(s) approved for the Contract and listed in the planning document.

b. The laboratory shall make every attempt to ensure .that colony counts are in the ideal range of 20 - 60 colonies per plate. Reported values from colony plate counts outside this range shall be qualified with a "8" (unless the reported value is from a 100 ml sample and the count is less than 20). · ·

c. If all counts are above 60, the result shall be calculated and reported from the highest dilution. This result must be reported as "estimated".

d. The laboratory shall follow the reporting requirements specified in the method for other results that are outside the ideal range (item 5.b. above)

e. If the sample result is "too numerous to count (TNTC)" the laboratory shall report the filtration volume with the data qualifier "Z".

f. Colony counts from samples that i'iave been verified shall be adjusted based on the verification results as specified in the analytical method approved for this Contract and listed in the planning document.

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ATTACHMENT l

CERTIFICATION REGARDING DEBARM:ENTS, SUSPENSION, INELIGIBlLlTY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS

DEJ> AGREEMENT NO, G0182

1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarrner declared ineligible, or voluntarily excluded from participation in this transaction by any Federal departtnent or agency.

2. The undcieigned also certifies that it and its principals:

(a) Havd not wi:fhin a three-year period preceding this certtiication been convicted of or had a civil judgment rcndcre against them for con,n,ission of fraud or a criminal offc:rae in connection with obtaining, attempting to obtain, , performing a public (Federal, Staie or local) transaction or contract under a public transaction; violation of Federal , State anti-trust statutes or commission of ombexilement, theft, forgery, bribery, falsification or dcslruction of record malcing false statements~ or rcceivlng stolen property.

(b) Are not presently indicted for or otherwise crimin:uly or civilly charged by a governmental onti!)' (Federal, State 1

local) with commission of any of the offenses enumerated· in paragraph 2.(a) of this Certification; and

(c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State, local) terminated for cause or default.·

3. Where the undersigned is unable to certify to any oftbc statements in this certification, an explanation shall be attacned to th certification,

Dated this _____ day of __________ ~~·, ___ ,

By ____________________ _

Authorized Signature/Contractor

Typed Name/Title

Contractor's Firm Name -------------------------------.. --.. ····-··-·---------

Street Address

,Mlding, Suite Null1ber

City/State/Zip Code

Arca Code/Telephone Number. Form DEP 55-ZZO (01/01) Pagel of: -

DEP Agrooment No. GOl 82, Attachment l, Page 1 of 2

118

INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER FEDERALLY FUNDED TRANSACTIONS

1. By signing and submitting this form, the certifying party is providing the certification set out below.

2. The certification in this clause is • material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party know:ingly rendered an erroneous eettification, in addition to. other remedles available to the Federal Govemmont, the Department of Environmental Protection (DEP) or agencies with which this tra.??saction ori&r.ui.ated may puiS'Je evnilable reme.-dles, including suspeil.Sion and/or debarment.

3. The certifying party shall prQvide immediate written notice to the person to whlch thJs contract is submitted if at ally time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. !he terms covered transaction, debarred, suapendcd, ineligible, lower tier covered tl'ansaction, participant, person, primary covered transaction. principal. proposa.11 and voluntarily exoh.\ded, as used in this clause, have tbe :rneanfogs set out in the Definitions and Coverage sections of rules implementing Executive Order )2549. You may cont•ct tho person to which this contract is submitted for assistance in obtaining a copy of those regulations.

5. The certifying party agrees by submitting this oon1ract that; should the proposed covered transaction be ontered into, it shall not knowlngly enter into any lower tier oontrac~ or oth,;r covered transaction w:i1h a person who is proposed for debatrnent under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or volunllltily excluded from participation in this covered transaction, unless authorized by tho DEP or agency with which !Iris transaction originated.

6. The certifying party further agrees by executing this contract tha:t it will include this clause titled "Certification Rcgarcling Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower l'icr Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.

7, A parricipallt in a covered transaction may rely upon a certification of a prosp~ctive participant in a.lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily o:xeluded from the covered transaction, unless it knows that tho certi:Jication is erroneous. A participant may decide .the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, che<;k tho Nonprocurement !..\st (Telephone No. (202) 5014740 or (202) 501-4873.)

8. Nothing contained in the foregoing shall be construed to require establishment of a system ofrccords in order to render in good faith the cortification required by this clause. The lrnowledge and information of a participant is not required to exceed that which is normnlly possessed by a prudent person in the ordinary course of business dealings.

___ ,_.,_9. ___ ..BxcepLfor_ttai,sacti=-•utM~ized-~nde1•r,ar-agr-ai,h-5-af-lhCGc-mstruotrons~1f-.-partitipanH,r"'-covered-iransai:tmrrkrrowtfil!"l'l'--enters into • lower tier covered transaction witb a person who is proposed for debarment under 4$ CFR 9, subpart 9.4, suspended, debarreq, ineligible, or voluntarily excluded from participation in this _transaction, in addition to other remedies availablojo the Federal Government, the DEP or agency with wltich tltis transaction originated rnay pursue avallable .remedies, including suspension and/or debarment.

D11.P FORM ss"no (01101) Page 2 on

DEP Agreement No. G0182, Attachment I, Page 2 of 2

119

ATTACHMENT J Contract Provisions

All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable:

1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CPR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."

2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.$.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CPR part 3, "Contractors and SubcontTactors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person =ployed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.

3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a"7) - When required by Federal program legislation, all cons.truction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor' regulations (29 CPR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the cUJ:Tent prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency,

4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CPR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/, times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the. purchases of supplies or materials or articles ordinarily available on ·the open market, or contracts for transportation or transmission of intelligence.

5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 3 7 CPR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

DEP Agreement No. 00182, Attachment J, Page I of3

120

6. Clean Air Act (42 l.J.S.C. 7401 ct seq,) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 125 I. et seq.). Violations shall be reported to the .Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) • Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to . influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that talces place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the. names of parties debarred, suspended, or otherwise excluded by agencies; and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.

· Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

• 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 l.J.S.C. 300h•3(e)) Contracts and subgrants of amounts m excess of$ 100,000 shall contam a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 c;ifthe Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). ·

10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to; (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol. and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or finaJ1Cing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that Inay apply.

11. Compliance with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P .L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

DEP Agreement No. G0182, Attachment J, Page 2 of 3

121

12. Compliance with the provisions of the Batch Act (5 U.S.C. 1501 - 1508 and 7324 - 7328) that limit the political activities of etnployees whose principal employment activities are funded in whole or in part with Federal funds.

13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if 1he total cost of lnsurable construction and acquisition is $10,000 or more.

14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of · 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C 1451 et seq.); (f) confonnity with Federal actions to State (Clean Air) Implementation Plans under Section l 76(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Encwigered Species Act of 1973, as amended (P.L. 93-205).

15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

16. Compliance with Section 106 of the National llistorlc Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).

17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.

18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment ofwann blooded animals held for research, teaching, or other activities supported by this Agreement.

19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that prohibits the use of!ead-based paint in construction or rehabilitation ofresidence structures.

20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

DEP Agreement No. G0I82, Attachment J, Page 3 of3 ·

122

ATTACHMENT K

REGULATIONS

Formal regulations concerning administrative procedures for EPA grants appear in Title 40 of the Code of Federal Regulations. Grant program administrative regulations appear in Subchapter B; other regulations of general applicability appear in Subchapter A. Other EPA regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work uerfonned under this Ae:reement.

Subchapter A • General 40 C.F.R. 4 Unifonn relocation assistance and real property acquisition for federal and federally

assisted urograms 40 C.F.R. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by

EPA 40 C.F.R.29 Intergovernmental review of EPA proo:rams and activities 40 C.F.R. 30 Uniform administrative requirements for grants and agreements with institutions of

higher education, hornitals and other nonurofit orl!anizations Subchauter B- Grants and Other Federal Assistance

40 C.F.R. 31 Uniform administrative requirements for grants and cooperative agreements to state and local governments

40 C.F.R. 32 · Governmentwide debarment and suspension (nonprocuremcnt) and governmentwide requirements for drug-free work place (grants); Clean Air Act and Clean Water Act ineligibility of facilities in performance of federal contracts, grants and loans

40 C.F.R. 34 New restrictions on lobbying 40 C.F.R. 35 State and local assistance

.. ·,.•:>, ... . . .. ... , . •, •,.,.,"

Other Federal Regulations 48 C.F.R. 31 Contract Cost Principles 11nd Procedures, or unifonn cost accounting standards that

comulv with cost princiules acceutable to the federal agencv ·•·: ...

'.' ":'. ,;: . . . . . •,,'•

Office of Mana11em.ent and Bud11et Circulars A-21 Cost Principles for Educational Institutions A-87 Cost Princinles for State, Local, and Indian Tribal Governments A-122 Cost Principles for Non-Profit Organizations A-133 Audit Reauirements

REMAINDER OF PAGE !NTENTIONALL Y LEFT BLANK

DEP Agreement No. GO! 82, Attachment K., Page 1 of l

123

DATE:

TO:

FROM:

CONSENT AGENDA

INDIAN RIVER COUNTY, FLORIDA CONSENT AGENDA

MARCH 31, 2006

JOSEPH A. B~jl'llM1J1 COUN~~/l"' R

W.E~o:f DIRECTOR OF UTILITY SERVICES

PREPARED AND STAFFED BY;

MICHAEL HOTCHKISS, P.E., CAPITAL PROJECTS MANAGER ;rJ )/... GORDON SPARKS, P.E., ENVIRONMENTAL ENGINEER (ift5

SUBJECT:

DEPARTMENT OF UTILITY SERVICES

THE SQUIRE SUBDIVISION INDIAN RIVER COUNTY BID NO. 2006054 APPROVAL OF FINAL PAYMENT TO LABOR CONTRACTOR FOR WORK AUTHORIZATION NO. 2005-022 FOR INSTALLATION OF WATER MAIN UNDER ACCOUNT NO. 473-169000-05521

BACKGRO!fND AND ANALYSIS

On February 14, 2006, the Indian River County Board of County Commissioners (BCC) approved Work Authorization No. 2005-022 to the Utilities Department Labor Contractor to install 80 LF of 6" Directional Drill water main across 58th Avenue at 33rd Street to provide a tiein point for the successful low bidding contractor (Underground Utilities, Inc.) to construct the Assessment Project water system for The Squire Subdivision. The total amount approved for labor was $4,693.95.

The work was completed and accepted by the Utilities Department as of March 20, 2006. Application for Payment no. 1, Final was received on March 28, 2006 for a total of $4,589.64, which is $104.31 less than approved.

BECQMMEJSDAITON

The staff of . the Department of Utility Services recommends that the Board of County Commissioners approve the total labor cost of$4,589.64 arid approve Application for Payment No. 1, Final (See Attachment No. 1), as presented. This will complete the County's obligation to the Labor Contractor in this matter. ·

124

1 .TSI OE ATTACHMF.NIS:

1. Application for Payment No. 1 - FmAL

:'.1:'JD:l,,bN~ffh;t1t: !:_:I{.:;·:::/;'.!:;r\\'i1~6~:8tint;+N5::?):•i'.'.\i/\!\}i~!.t~i~tR~:':°!'.,,::::-': :-'kii:!)·:T Assessment 473-i69000-05521 I $4,589.64 Account

APPROVED·

B lndh1n ~Iver Co.

Ad ministl'ation

L'lililles

Budget

Legal

Risk M•n•g•r

F:\Utilities\UTILITY • ENOINBBIUNO\Projects • Assessment Projocts\THB SQUIRE SUBDMSION (UCP #2535)\AA • AGENDA MEMO to Counly Administrator Final Pay March 28, 2006,doc

125

1001w. Cypress Creek Road, Suite 300, Ft. Lauderdale, Florida 33062

Application for Payment No. 1, f/NAl For Work Accomplished through the period of March 1.i through March 201\ 2006.

To: Indian River County (OWNER}

From: The Danella Companies. Inc., Utilities Labor Contractor

Project Name: The Squire Subdivision

COUNTY WIP NO.: UCP # 2535

ENGINEER OF RECORD: Gordon E. Sparks, P.E ..

1. Original Contract Price: 2. Net change by Change Orders and Written Amendments(+ or-): 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date (*): 5. Retainage (per Agreement):

MAR 2 B 2006

$4,693.95 $ -104.31 $4,589.64 $4,589.64

Q% of completed Work: $0.00 Q% of stored material: $0.00

Total Retainage: $0.00 $4,589.64

$0.00 $4,589.64

6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Application for. Payments: 8. DUE THIS APPLICATION (6 MINUS 7}:

(') If applicable, an Itemized list of labor and/or materials furnished and installed Is attached.

CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from

OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through g inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and enc.umbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement. I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by No. 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER.

Dated _ _,_?'--_;.:,.~...:;.?__,,CJ"-'{..,___

..

w l<ENNl!ltl J. ICNE , • Nallry .... ; - cl l'lcllld, c.,. .. , .... ,Er,,irnNow2t,2009

CommiaJon # DO 4932$8 ' "' Bonded By N"1k;,r,al Aun.

V:\.JQl;I Foldera\lnd!an River County\Squir~\IRC - UCP 2624 • Appl!cation for Paym~n1 Sqt.iir~ , Pay F'!eq 1.doc Rl:!V. 07/01

126

CERTIFICATION OF ARCHITECT OR CONSUL TING ENGINEER (WHERE APPLICABLE): . I certify that I have checked and verify· the above and foregoing Periodic Estimate for Partial

. Payment; that to the best of my knowledge ·and belief it is a true and correct statement of the work performed and/or material supplied by the.Contractor. . J!. /J ' / Dated ?~,Z.y-Oc;. /~ ~

.,.......:...,....,,,.."""--------...:..--,.i,,...-----( A ITECT / ENGINEE ) SIGNATURE

CERTIFICATION OF ENGINEER/ INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract

Payments arid the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accucate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested

above. /~ L~ Dated J~ i!-i? - cx,:;:.. c P/7'

....,(A-=~-=-=""T"'=E'""C_T_/ -EN_G_I_N-EE_R_)_S_IG_N_A_T_U_R_E_

Accompanying Documentation: Itemized List of Labor Bid Items

• • END OF SECTION • •

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Exhibit 1

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Exhibit 1

WORKAUTHORIZATIONbmECT.fVE No, 2005-022

IRC ~ TBE SQ1JIRE WATER MAIN EXTENSION ACROSS 58TH A VENUE AT 33RD STREET

DATE OF ISSUANCE: Februa:ry. 2006 EFFECTIVE DATE: Febmarv. 2006

OWNER: Indian River County CONTRACTOR: The Danella Companies, Inc. CONTRACT: WATER. SEWER AND RECLAIM WATER LINE REPLACEMENT/ EXTENSIONS

AND MISCELl..ANEOUS LABOR CONTRACT. BID NO. 7033 PROJECT: IR.C- The Squire Subdivision 6" Water Main Ti~-In Across 58"' Avenue at 33m Street COUNTY UTILITY PROJECT NO.: UCP # 2535 CONTRACTOR'S PROJECT NO.: NIA

' -You are directed to proc·eed promptly with the following work: Description: Install about 80 LF of 6" FIDPE Directional Drill water pipe across 58°' Avenue at 33rd Street; tie into· existing 8" PVC Pipe at SW corner with 8" X 6" Wet Tap Assembly with 6" GV &B; install 6'' GV &B

· on NE comer at end of pipe.

Fµmose ofWorkAuthorizalion Directive; . · The installation. of the 6" HOPE water main will allow the Contractor for The Squire Subdivision Water · Assessment to complete his project.

Attachments; (List documents supporting work) Exlnbit 1 Cost Estimate

Method of determining Contract Price: ffil Unit Prices: Bid Items as established pursuant to Bid No. 7033, and awarded by the Board of Cowity

Comtniss:loners on February 15, 2005 to The Danella Companies. • Lllll'.lpSum D Cost of the Work:

The Cost of Labor, Contingency and Contract Time is s\lllillll!rized below:

Estimated Labor Cost = $4,693.95 Estimated Contract 14 days Time: . ;

Total Estimated Labor Costs = $4,693.95

/" APPROVED: ACC,_,,. ~

~-By; V ~ D~~:

ENGINE COMP S Arthur R. Ne

Date: ______ '-- Date: February 14, 2006

Exhibit 2

F:\Utiliti~\UT!LlTY - ENGINEERINO\J'rojc:~t.s - Assessmcn-t Pt0jccis\THE SQUIRE. SUBDl'VJSION (UC,P Jl.1535)\AA • War Ji; Autharizat.km No. :ZOOS-022 E:ii'.hibit .1..dac

130

11" CONSENT AGENDA

DATE:

TO:

FROM:

PREPARED

INDIAN RlVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES

CONSENT AGENDA ITEM

March 31, 2006

JOSEPH A.~• CO

w. ERIK OLS~t D CTOR OF UTILlTY SERVICES

MICHAEL HOTCHKISS, P.E., CAPITAL PROJECTS 7fJ 11--AND STAFFED BY: 1\1:ANAGER; GORDON E. SPARKS, P.E., ENVIRONl\1ENTAL (ip,:5

ENGINEER, DEPARTMENT OF UTillTY SERVICES

SUBJECT: CARll HEIGHTS SUBDMSION WATER ASSESSMENT PROJECT APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND RELEASE OF RETAINAGE

BACKGBrnJND AND ANALYSIS

On November 8, 2005 the Board of County Commissioners (BCC) approved the award of Bid No. 2006018 for $23,725.00 to the Dennis Myers Contracting Coi:p. The water improvements were completed, inspected by the County Utilities Department and. approved by the FDEP for placement into service. Application for Payment No. I for $21,352.50 was submitted by the contractor on January 18, 2006 and $2,372.50 was held as retainage.

Application for Payment No. 2 - FINAL was submitted on March 29, 2006 for $970.50 and has been certified by staff as true and correct (Seo Attachment 1). The total con.struction amount is $22,323.00. This is $1,402.00 or 5.91% less than approved by the BCC. The final payment of $970.50 will release the retainage and complete the County's obligation to the Contractor.

BECQMMENDATIDN

The staff of the Department of Utility Services recommends the Board of County Commissioners approve the total project cost of $22,323.00 and approve Application for Payment No. 2 - Final as final payment to the Contractor, Dennis Myers Contracting Corp., in the amount of $970.50, as presented (See Attachment 1 ).

F:\Utllitios\UTILITY • ENGINEERINGIProjecls • Assessment Projects\CARLL HEIGHTS PETITION WATER SERVICE\A-Agenda --FINAL PAYMENT• March 30, 2006.doc

131

00-05515

Attacbroeuts:

1. Application for Payment #2 - FINAL

GES/ges

APPROVED FOR AGENDA:

Indian River Co.

Manaqer

F:\Otilities\t1TILITY - ENGINEE~ING\Proj~cts - Assessment Projects\CARLL HEIGJ.fl'S P~TITION WATER SERVlCE\A - ~enda - F!Ni\L FAYMSN'l' - Ma~ch 30, 2006.doc

132

SECTION A -00622 • Developer Contractor Application for Payment March 30, 2006 .

Application for Payment No. 2, FINAL. For Work Accomplished through the period of January 6. 2006 through January 31. 2006.

To: Indian River County (OWNER)

From: Dennis Myers Contracting Corp. (CONTRACTOR OR ENGINEER)

Project Name: IRC Carll heights Water Assessment Project. Bid Number 2006018

COUNTY WIP NO.: 473.169000.05515, UCP #2448

ENGINEER OF RECORD: Gordon E. Sparks. P.E ..

1. Original Contract Price: 2. Net change by Change Orders and Written Amendments(+ or-): 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date (•): 5. Retainage (per Agreement):

$23,725.00 0,00

$22,323.00 $22,323.00

1Q% of completed Work: $2,372.50 Q% of stored material: $0.00

Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5):

$2,372.50 $22,323.00 $21,352.50

ie7o.sn 7. Less previous Application for Payments: 8. DUE THIS APPLICATION 16 MINUS 7):

(*) If applicable, an Itemized list of labor and/or materials furnished and installed Is attached.

CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from

OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through i inclusive; (2) title of all Work, materials .and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or .improvement under this foregoing contract have been paid in full, and that all taxes iml:)osed by No. 212 Florida Statutes. (Sales and Use Tax Act. as Amended) have been paid and discharged. and that .I have no claims against the OWNER.

Dated Dennis Myers Contracting Corp.

By:

State of ~_R_r~o~r_,_c1_~c---=--c-c-=--=-------County of _-':.;z.:='-,.;,..--ct'-'-'1ao=-'-n-~/<::. __ , __ c,,...p-----'r_-_____ _

r{;• CONTRACTOR)

u~~ th Ga 0-179-S?-3;;) 7-Q

Subscribed and sworn to before me this---~~---day of ________________ ~

Fe.· Attachment 1

Page1 of:j ·33 F;\IJll1111~\IJT1LITY - ENGINE5.RING\ProJei;!:s -As:sessment Projeels\CARLL HEIGHTS Pl;TITION WA1'!::~ Sl:.RV!CE\A -00622, Developer Con11o11;:tor Appllcellon ror Payment Marc1 30, 2006.dcc Rev. 07101

' Notary Public My Commis$iOn expires:

.•·,W~,,,, Bonnie J. Coleman /f,1-.:,::(f:.~ Com!"ission #0D204087 ;1.. ••h.' Expires: Apr 16. 2007 --,~~o;14-Jtt · nandC'J ·nmr

,,,, ,. 1•'~ l\tla1nic l~o11rJi11g C.'n., Inc.

CERTIFICATION OF ARCHl+liCT OR eONStJt'Tll~G ENGINEER (WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial

Payment; that to the best of my knowledge and belief it is a true and correct statement of the work ~:""'";/4Z' '"PPllod byfuo Cootraom,~ ~ ' t'<""IIFR:<;r I CNGlt SIGW\TllRE

CERTIFICATION OF ENGINEER/ INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract

Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above.

Dated __ 1-1-fa_·_,:~o"-/4_o_,_;;_· _ ' J

Accompanying Documentation: Itemized List of Labor Bid Items

• • END OF SECTION * *

Page2 of~ 34 F;\ummaa\lJTIUiY- ENGIN51;;RING\Pr"Qjlill;I$ • AGSO~l"llenl ,:,roJect:;\CARl:.L HEIGHTS PIITITlQN WAT5R SERVICEIA • QOS22 - 09ve!oper Contractor App[ieation for P;:iymen1 M;;i,ri:;h 30, 2006.i;lc;u;; Ri:v, 07/01

CONSENT AGENDA: 4/11/06

Office of '1 J\ INDIAN RIVER COUNTY

ATTORNEY

William G. Collins II, County Attorney Marian E. Fell, Assistant County Attorney William K. DeBraal, Assistant County Attorney

TO:

FROM:

DATE:

RE:

MEMORANDUM

Board of County Commissioners

~-· William G. Collins 11, County Attorney

April 3, 2006

Release of Lien Lot 5 of Indian River Industrial Center

In the interest of economic development, the County and Indian River Industrial Center, Inc. entered into an Agreement in 2004 to defer the payment of impact fees. The Agreement was subsequently extended once because of hurricane delays and a second time because of permitting and consulting engineers' delays. The Agreements contemplated that the deferred impact fees would be paid byAugust 19, 2005, or prior to the issuance of the C. 0. for Lot 5 of Indian River Industrial Center.

Not only was no C. 0. issued, no building permit was ever issued. As a result, the concurrency certificate for Lot 5 expired and the Agreements for deferred payment all expired without payment of the impact fees. The developer has subsequently paid the new increased impact fees adopted by the County last year. The developer is proposing to refinance Lot 5 and his closing agent/title insurance company is requiring that the lien of the earlier Agreements, as amended, be released as to Lot 5 of Indian River Industrial Center.

Recommendation:

Authori.ze the Chairman to execute the attached Release of Lien.

WGC/lk

ln~an Aiv<t C~ AMroved Dale Admln. Legal

Budget

COUNTY ATTORNEY Dept Rlak Mgr.

135

RELEASE OF LIEN

BACKGROUND RECITALS:

A On August 30, 2004, · Indian River County, a political subdivision of the State of Florida ("County'') and Indian River Industrial Center, Inc., a Florida corporation ("Developer'') entered into a Fair Share Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement ("Agreement") that was recorded in O.R. Book 1781, Page 1699, of the public records of Indian River County, Florida;

B. On January 4, 2005, the County and the Developer entered into a First Amendment to Fair • Share Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement (''First Amendment'') that was recorded in O.R. Book 1822, Page 1763, of the public records of Indian

· River County, Florida;

C. On May 24, 2005, the County and the Developer entered into a Second Amendment to Fair Share Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement that expired on August 19, 2005 ("Second Amendment");

D. The Agreement, as amended, provided that the County .had a lien on the property described on the attached Exhibit "A" and depicted on the attached Exhibit "B"; and

The Agreement, the First Amendment, and the Second Amendment expired by their terms; the concurrency certificate contemplated in the Agreement expired; and the Developer did not apply for a building permit as contemplated in the Agreement, as amended.

NOW, THEREFORE, for the reasons set forth in the Background Recitals, the County hereby releases the Developer and the property described on Exhibit "A" from the lien of the Agreement, as amended.

EXECUTED by the Board of County Commissioners of Indian River County, Florida, this __ day of _______ , 2006.

Attest: J. K. Barton, Clerk

By __________ _

Deputy Clerk

Approved for form and legal sufficiency:

~(&£e~ William G. Collins II County Attorney

Attachments: Exhibit "A" and Exhibit "B"

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By _____________ _

Arthur R. Neuberger, Chairman

BCC approval ________ _

136

Exhl bit"" A"

· Toe East 2,!1l4 acres of Tract 6 and the West 5.6a acres of Tract 7, all tying_ and_ being in Section 28, Township S2 South,. Range 39 East, according .to the last general P.lat of lands t,f the INOIAN RIVER FARMS COMAPNY SUBDIVISION, recorded In Plat Book 2, page 25, Public Records of St Lucie Comity, Florida, Said.land now lying and being In Indian River County, Florida. . .

LeSS AND EXCE:PT the North 35 feet of the l:!Outh 86 feet of the E:ast'2;94 acres of Traot 6, and )he North 35 feet of the South 65 fee,t of the West 5.56 acres of Tract 7, lying and being tn said Seotion 28, as conveyelif to Indian River County by deed .dated December 16, 2003 and recorded In Offlclet. Records Sook 1876, at F'age 170 :and in Official· Records Book 1676, page 172, Public Records of Indian River County, Florida,

Togett,~ with:

All !hat part of Tract 7, seotton 28, Township 32 soutt,, Range 39 Eae\, according to the last general F'lat of lands of the INDIAN RIVER FARMS COMPANY SUBDI\/JSION, recorded in Plat Soqk 2, Page 26, Pubrtc Records of SI, Luc1e·county, Florida, now Jylag and-being In Indian River County, Florida, lylng, East oftha West 5.56 acres of said Tract 7 and West of the West.right-of-way line of Joye L.ane (a 35 foot widliil rlght-<if•way) 'i!S shown on the Plat of Palm Gardens, as·recorded iri' f'lat Book 4, page 6, f'ublle Records of Indian River County, Flonda (said Plat described as "Being a subdivision of the East 35.56 acres of Tract 7, Seotlon 28, Township 32 South, ~ange 39 E:ast, as shown on the Plat of INDIAN RIVER FARMS COMPANY, recorded In Plat Book 2, page 25, St. Lucie County, Florida and now situated in Indian River County, Florida', said parll$I being more particularly described as follows:'

Commending at the Southwest comer of the Traci 7, Seotlon 28, Township 32 South, Range• 39 East, !i!OOOrding to !he last general.Plat of lands of the INDIAN RIVER FAA.MS. COMF'ANY SUBDIVISION, raoorded in.Plat Book 2, page 25, Public: Records df St. Lucie County, Florida; now lying and being In Indian, River County, Florida. Run North 89'5$'06" east 11don9 the South line 01' said '1'.1'11017 a dlst111nce-of 182.01:l feel io the East l!ne of tha West s.se acres o! s;iid-Traat'7; thenoe run North 00•05•53• E:eet alone said E!ast,ltne e dlstanC!ii of 40.00 felli to the .North right-of-way llrie of 41st Street (South Glfford Road} end the Point of'Beglnning: from said F>olnt of . Beginning continue North 00•05•53• East along said' Ea:st line a dlmnce of 1289.78 feet to the North llne of aforemE111tloried Traci 7: thence run North 89'52'64' East along said .North line a ·dlstancs of 14.18 .feet to' the West rlght;:>f-way Une ot aforementioned J0ye Lane (a 35 foot wide right-of-way); thence run, South 00'05'25': West.along said West right-of-way line a distance of 1289,77 feet to the aforementioned North ri9h-of-way line of 41st Street; thence run South ae•55•06" West.along Slilid North r.ight-o~way line a dlstanoe of 14.OUeetthe Point of Beginning. · · · · ·

137

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138

TO:

DATE:

FROM:

SUBJECT:

INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM

OFFICE OF MANAGEMENT AND BUDGET


April 4, 2006

Jason E. Brown Director, Management &

Florida Department of Juvenil lnteragency Agreement

Background Information

CONSENT AGENDA

7L

The 2004 Florida Legislature passed CS/S62564 (Ch. 2004-263, Laws of Florida), which required the counties to share in the funding of the Department of Juvenile Justice's detention care expenses. Florida .Statute 985.2155 provides that the methodology for billing shall be based upon the prior use of secure detention for juveniles who are residents of that county, as calculated by the department.

The State of Florida Department of Juvenile Justice . requires an lnteragency Confidentiality Agreement in order to share information regarding juveniles in the custody of the Department of Juvenile Justice. This information is for the sole purpose of verifying a juvenile's residency at the time of arrest.

Staff Recommendation

Staff recommends the Board of County Commissioners approve the lnteragency Agreement with the Department of Juvenile Justice for a term of two years and authorize the Board Chairman to sign the Agreement.

Attachment lnteragency Agreement


BY:~)\ B• &-11d JoseptiA. Baird • County Administrator

FOR: April 11, 2006

Indian River Coun

Administrator

Risk Mana ement

O:\Bydgct\Ari11\wQrddocuments\Ag,enda0506\Dept Juvenile Justice Agreement April 06.doc

139

STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE

MEMORANDUil EC EI VE D MAR 2 4 2006 '"' '"' •= ,,,.,

DATE: March 20, 2006 COUNTY ATTORNEY'S ::s -= ?°" OFFICE. = TO: All Florida Counties I"\) <:">

N oO fl'1 •

.FROM: .,, -c, .,, Department of Juvenile Justice ;-t z ' ::::s • :;,:;

SUBJECT: Confidentiality Agreement . ..c: <'.')

m -Q

Enclosed is the updated Interagency Confidentiality Agreement required in order to share information regarding juveniles in the custody of the Department of Juvenile Justice, This · information is for the sole purpose of verifying a juvenile's residency at the time of arrest.

Please record the name of county in the designated spaces and sign the form at the bottom. As soon as the agreement is signed and returned a CD listing the youth that were in detention from the period of July 2005 through December 2005 will be sent to you. Please return the agreement to:

Florida Department of Juvenile Justice Bureau of Finance and Accounting 2737 Centerview Drive Tallahassee, Fl. 32399-3100 Attention: Johnny Siets

Thank you for your assistance and cooperation.

2737 CENTERVIEW DRIVE • TALLAHASSEE, FLORIDA 32399-3100 • (850) 488-1850

JEB BUSH; GOVERNOR ANTHONY J. SCHEMBRI, SECRETARY 140

INTERAGENCY AGREEMENT

This agreement made and •effective as of the ___ day of -=--'' 2006, by and between the Department of Juvenile Justice (Department) and Indian River County (County):

WITNESSETH:

WHEREAS, the-2004 Legislature enacted section 985.2155, Florida Statutes, requiring that costs of'juvenile detention prior to disposition be a joint obligation of the state and the County; and ·

WHEREAS, DJJ requires that information concerning juveniles remain confidential;

NOW, THEREFORE in consideration of the following agreements, the parties do hereby covenant and agree to the following:

1. The Department agrees to share juvenile information, including, but not limited to,. · the juvenile's name, home address, and the name and address of the juveniles' parent or guardian, with the County for purposes of determining and verifying a juvenile's county of residency.

2. The County agrees to maintain the confidentiality of any and all juvenile information it receives from the Department and to ensure that the confidential nature of this information is maintained with respect to any records and reports created or disseminated. The County also agrees that the information will be used qnly for the purpose for which it was provided.

Modification of this agreement shall be made only by the consent of both parties and shall include a written document setting forth the modifications and signed by both parties. This agreement may be terminated with 30 days written notice to the other party.

This agreement shall be in effect for a period of __ t_w_o ____ years from the date of full execution, unless otherwise modified.

IN W.ITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized,

COUNTY INDIAN RIVER

SIGNED BY:-'---,-----

NAME: TITLE: ---------

DATE: ________ _

APPROVED: -A.

STATE OF FLORIDA DEPARTMENT OF JUVENILE JUS_TICE

SIGNED BY: _____ _

NAME: TITLE: -------

DATE: _______ _

141

INDIAN RIVER COUNTY, FLOR.IDA

.MEMORANDUM

TO: Joseph A Baird; County Administrator

elopment Director

THROUGH: Stan Boling, AICP; Planning Director

FROM:

DATE:

Mark L. Zar.ts; Senior Planner, Current Development

March 27, 2006

CO:\SE\ f \Gf',D\

7M

SUBJECT: J.D.C. Florida Inc.'s Request for Final Plat Approval for a Subdivision to be Known as Riverwind - Phase m [2002020080-52027/SD-02-06-1 l)

It is requested that the data herein presented be given fonnal consideration by the Board of County Commissioners at its regular meeting of April 11, 2006.

DESCRIPTION & CONDmONS:

Riverwind - Phase m is the last phase of an approved, three-phase 'small lot subdivision' project. Riverwind - Phase m consists of 51 lots on 16.41 acres and is located on the south side of 45th Street, east of Indian River Boulevard. The property is zoned RS-6 (Residential Single Family - up to 6 unit per acre), and has a M-1 (Medium Density 1 up to S units per acre) land use designation. The density for Riverwii;id - Phase ill is 3.10 units per acre.

On April 25, 2002, the Planning & Zoning Commission granted preliminary plat approval for the entire Riverwind 'small lot subdivision' project. The applicant subsequently obtained a land development permit and commenced construction of the entire project. As of this time, the applicant has built 86.0% of the required improvements, and is proposing to "bond-out" for the remaining 14.0% of the required improvements. The applicant has submitted the following:

1. A Phase ill final plat in conformance with the approved preliminary plat;

2. An Engineer's Certified Cost Estimate for the Phase ill remaioiog required improyements; and

1

142

3. A Contract for Construction of Phase m remaining required improvements.

The Board is now to consider granting final plat approval for Riverwind - Phase m.

ANALYSIS:

Some, but not al~ of the required Riverwind • Phase m subdivision improvements have been completed. As provided for under the IDRs applicable to this final plat application, the applicant is proposing to "bond-out" for the remaining 14.0% of required Riverwind - Phase m improvements (utilities, landscaping, roadways). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining Riverwind - Phase m improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The security arrangement, which represents 125% of the estimated cost to construct the remaining required improvements, will be reviewed and approved by county staff prior to recordation of the plat. It should be noted that all improvements within Riverwind - Phase m will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required by the Utility Services Department.

llCOMMENDATION:

Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval fur Riverwind • Phase III, with recordation of the plat only after the letter of credit has been received, reviewed, approved, and validated by the County Attorney's Office, and the contract executed by the County Administrator.

L Application 2. Location Map 3. Plat Layout 4. Contract for Construction of Required Improvements

Indian IDver Co,

APPROVED AGENDA ITEM: Admin.

FOR: ~ #; ,i()tJ(, Budget

Dept.

2

143

(

NOTE: THIS IS TIIE NAME WHICH WILL BE USED FOR ALL REFERENCE PROJECT (SUCH AS "WOODY BIG TI,IBE SUBDMSION").

CO:MPUTER ASSIGNED PROJECT NUMBER: 0 CC 90 -

ASSIGNED FILE NUMBER:___.,S!!..!'Oe!....:....-~O:..,!i,...::-::.:0::::..!!<lc:,~·-lwl~-------lid~--

CORRESPONDING PRELIMINARY PLAT PROJECT NAME AND IRC ASSIGNEl~ NUMBER: SD- 0 '2. • 0 v, - 11 ~--

OWNER: (PRINT)

:I:o.c. F tortda.) Inc. N$,EO. '.t?ol<; 2.58'7 ADDRESS

· Vero -:Bch. F"1... CITY STATE a2qi:e, I CIW..5.6d- G'2.2Q ZIP PHONE (772) 5e,,y • C'fS2.l FAXNUMBER

CITY STATE. "3Z9to O Q..J.1,)$u,~--'8.,,,D=51=0 __ _ ZIP · PHONE . (772)1~~ •·__::oc.,:c::::...c~~7,_ ___ _

FAXNUMBER d±si.L/3@ bells.ou-1-h,ne t

EMAILAD~ :X10 vi d :7tay foe CONTACT PERSON .

SIGNATURE OF OWNER OR AGENT

PROJECT ENG~ER: (PRIN'I) ~+eLf.tc l!: :c:Q o feCj lnc.

/6z55 21-r.-1 S+reet_, S11i fc Z ADDRESS .' Yero 13cb . ,::. t.,.. CITY STA'l'B

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Rlveiwind, Phase Three

CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS

NO. SD-02-06-11-CFC (2002020080-52027) .

THIS CONTRACT, . made and entered into this __ day of ______ , 2006 by and between JDC Florida, ln·c., an Alabama corporation, registered to do business in the State of Florida, hereinafter referred · to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". ·

WITNESSETH:

WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and · ·

WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to .the satisfaction of the County that such improvements will be installed; and ·

WHEREA~. Developer requests the approval and recordation of a certain plat to be known as Riverwind, Phase Three; and

WHEREAS, the required improvements are to . be installed after recordation of this plat under guarantees posted with the County.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows:

1. Developer agrees to construct on or before April 11, 2007, in a good and workmanlike manner, those improvements described as follows:

See Exhibit "A" attached hereto

or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian .River

1·

F:\Attorney\Nancy\OOCS\FORMS\rlverwlnd ph 3 k for con w loo.doc

lT'tACHMEN.t1 4Q

County, Florida upon the final approval of the Board of County Commissioners and m;ade a part hereof for all purposes.

· 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the· most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and Development· Division, arid all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all

• of which are hereby incorporated by reference and made a part hereof. ·

3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as . customer and

Regions Bank , as the underwriting bank, in the amount of $389,732.00, which amou.nt is no.t less than one hundred twenty-five percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined • in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduc·ed during the course of construction unless approved in writing by the County's Public Works Director pursuant to Indian River County Code Section 913.10. Requested reductions shall not be unreasonably withheld by the County, but shall be subject to administrative fees as established by the County. Developer may at ar.iy time substitute guarantees, subject to the approval as to form and amount by the County.

4. Up to $1,000,000.00, or' the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and .all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers; relating to the construction of the required improvements, including all those improvements to · be constructed on existing publicly dedicated or County-owned property, such as street,

· sidewalk; bikepath, lighting, . signalization, traffic control, drainage, water, or sewer improvements.

5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform

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F:\Attomey\Nancy\DOCSIFORMS\rivarwlnd ph 3 k for eon w lac.doc

, ....

150

any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed.

Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert inverts, to be in good repair, accessible, correctly plumbed, and not covered with topsoil, concrete or impervious material for the 3-year maintenance period .commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner.

Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record.

6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer,:as principal, and the letter(s) of credit shall be jointly and severally liable to pay for the cost of construction and installment of the requirE:ld improvements to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct .or consequential, which the County may sustain as a result of the failure of D_eveloper to carry out and execute all provisions of this contract and applicable ordinances of the County. In no event, however shall the liability of the underwriting bank under this paragraph exceed the total amount of the original obligation stated in the letter(s) of credit, less any approved reductions thereto.

7, The parties agree that the County at its option shall .have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed· and installed the required improvements in th.e event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expr,essly agrees that the County may demand and draw upon the existing letter(s) of credit for the final total cost of the improvements. Developer shall remain wholly liable for any resulting deficiency, should the letter(s) of credit be exhausted prior to completion of the required improvements.· In no event shall the County be obljgated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank to construct the required improvements.

8. Any letter(s) of credit provided to the County by Developer with respect to this contract shall exist solely for the 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 subcontractor, laborer, materialman or other party providing labor, material, supplies, or• services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall. agree otherwise in writing.

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. · 9, This a!reement is. the full and QCl'Tlplate understanding of. the parties and shall not be co strued or amplified .by reference to any other agreement. discussion, or understandin , whether written or oral, except·as speclflcally mentl9ned herein. This agreement shall not be assigned without the eicpress written approvf! cf the County. A~y amendment, deletion, modification, extens,10n, or revi~ion h~reof or he1'9to shall be in W'!itlng, axeovte~ by aLrthorlted representatives of-~oth parties. 1

. IN WITNESS l111He~eOF, the parties hereto have. s~ their hands ~nd seals ori the day and year 11f ab~ve written. . . : 1

. . i

sign:. ·. ~~< wrrN~

.''~;t . . Sig • . . .print namtt;!:~s

APPR;OVE:D AS TO FOFtM AND LEGAL SUFPICJ.ENCY

ey: 1,t,,d bt~1 ,F,r- William K. DeBraal • \

AAlstant County Attome~

1 •

JDC FLORJCA, INC,i:,an Alabama .. corporation registered to do business

In the State of Flartda . VEJ.OPE.Fit

INOIAN RIVER COUIIITY, FLORIDA

BY.-,---,--:--i-...,....,...-------. Joseph A. 13aird ·:

County Administrator

Authority; Resolutlon No. 2005-121 COUNTY

BCC approved pl~:. ___ _

4 . ~ ;i: '

t=Mt!o~n,:y\COCII\FQl!Melll~d\pl, :,,{' jor ci:m w lac.~c,,:;

' '' I

152

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u .. m

RIVERWIND PHASE Ill Performance Bcmd Cost Estimate Value of Land Development Improvements Completed

TOTAL VALUE OF TOTAL AMOUNT OF PHASE II PHASE 11 COMPLETED AT TIME OF FINAL PLAT

TOTAL VALUE OF PHASE UIWORK BONDED

SCHEflULE 1 - SlTEWORK (llnSlle)

Des'Cl'lptlon Quanllly Unlt Unit Pace Tolal Quantity Tola! I Q!Janllly Tolal

1 MobllzaUon . f .00 LS $ 4 ~0.00 $ 4 400.00 1.00 $ 4.400.00 - $ -2 Clea, And Gdnd 11.00 Af;; ..!__1,5il0.00 $ 49,500.00 11.00 $ 49 500.00 • $ - ,! 3 sn1 Fence , oao.w LF $ 2.25 s. 4.ooo.oo 2 000.00 s 4 soo.oo - $ - 'tilt" 4 strip P"""mwAJeas 833.00 CY S 1.76 $ 1,114.08 _ 633.00 $ 1114.08 - $ - t I Embmlm,ent 78.349.00 CY $ 0.55 $ 43,091.95 29 772.82 $ 111374,84 $ • ~ ~ f. 6 lmporlFIISpn,adand Compa<:I 132,139.G0 <:N $ a.ao $ ·- l,006,753.70_ 126186.90 $ 1063951.30 3,952 $ 32002.40 ,, 'il, 7 Gra@Lots 57.1128.00 fff $ 1.10 $ 63.720.80 _ 28,004.00 $ 31.660.40 28 964.00 $ 31 860.40 8 GradePawd.Amls 5,763.0D SY $ 1.27 $ ___ 7,319.01 0.00 $ - 5.763 $ 7319,0! 9 GradeGM1!1lAnas 8,1112.00 SY $ 0.83 $ __ .. ___ 5,131.00 0.00 $ . __ . ___ -_ 6182 $ _ ~ . .fil31.Q8

10 ffni,IDJ11ss and CIHn Up 1.00. LS $ 10,626.00 $ 10,626.00 o.oo $ - I 1.00 $ 10:&ze.oo H . J" S!ablllad Sg,ade S,76&.00 SY $ 215 $ 12,300.45 0.(lg_, -~- - 5,761 $ _1:!,3!Ml~45 12 6" Rook ea,e C 4,704.00 SY $ 7.54 $ 35 438.16 0.00 $ - I 4,704 $ 35,46lt16 I 1_3 _ Aopllalt 1 fJ2'" S-1 4,704.00 SY $ 6.80 $ 41,3~,;!(l 0.00 $ _ - _ . .. ~J"04.00 __! . . 41,:31l_5,;l_O U . Sldplngandl!lgnage UO SY $ 3,960.00 S 3 000.00 0.00 $ I -1 $ !;.!Nl~.00 15 Miami Cod> 4,6!16.00 · LF s !1.115 $ 45,369.10 __ 4,606.00 $ 45,389.10 I $ • I 18 D Cud> 300.00 LF $ 9.35 $ 2 005.00 · 0,00 $ - 300,00 $ Z.005,00 17 S0dBac1<orcur112• ·--·- 1,001.00 SY $ 1.66 $ ___ 1,651.65 •• o.oo $ .• - 1~1 $ 1,661.65

TOTAL SCHEDULE 1 $ 1,429t198-.1G- $ 1,217.889.82 $ 185,409.33.

SCHEDULE 2 - WATER DISTRIBUTIOIII t ~ 1 &'"C900 1,804.DO LF $ 15.73 $ - 28,31j,Ji2_ _ __ 9D.2.00 $ 14,183.46 ___ 9Cl2.00 $ 14,188.46 2 GaiBValves&'" 2.00 EA $ 625.00 $ 1,650.00 2.00 $ J,11@.!IOJ - S 3 FIWng• 1.00 LS $ 3,630.00 S 3,630.00 _ 1.00 $ 3 630,00 • $ • 4 Fire HydmntAs:sembly 2.00 EA $ 3.685.00 -$ 7570,00 2.00 $- 73-70.00 ~ $ - -

5 Sel'\'lou Double 28.0Q EA $ 907.5-0 S 25 410.00 28.00 $ 25 410.00 • $ • 6 Ser-SlnGfe 4.80 EA $ 600.00 $ _)l,640.00_ 4.00 $ 2 640,00 . . - $ - {)/l, 7 mow orrs 1.00 EA $ 330.00 $ . a:io.1io - $ - t.oo $ 330.oo t: 6 TemporaJYJumpers 1.00 EA $ 1.727.00 $ 1727.00 - $ - 1.00 $ · 1,727.00_ ,:.{f,7/ S Somplo P,ilnb 7.DO EA $ 330.00 $ 2,310.00 5.00 $ 1 650.00 2.00 $ 000.00 1:/ I\ 10 p...,.ureT .. 1 t.ro !.S $ 007.50 $ 907.5-0 - $ - t.oo $ 007.50 1)/j; ft CH Waredlne 1.00 LS $ 007.50 $ . 907.50. - $ - 1.00 $ 007.50 12 Cooneclb>E>Jsting . _1,.00 LS $ 605.00 $ - • ~--- 1.00 $ 005.00 - _,.,.!___ ___ - _.

TOTAL SCHEDULE2 f $

TS..863.92 165.232,52

lEXJHrmrr:., A ..

. Page 1 ol3

$ $

57,143.45 113.472.26 0.61

$ 18.12D.46

RIVERWIND PHASE al Performance Sand Cost E.sllmal& Value of Land o...ac.,..,..nt lmp1ovements Compleb!d

SCHEDIJLE 3- SANITARY SEWER MANHOLES

TOTAL VALUE OF TOTAL AMOUNT OF PHASE Ill !'HASE Bl COMPLETED AT TIME OF FINAL PLAT

TOTAL VALUE Of PHASE IIIW.ORK BONDED

Unit Item OmlpUon QuanUly Unit Prk:e · Total I _ · QuanUlY

1 CUT II-& _ 5.00 EA $ 3 014.00 $ 15 070.00. 3.00 $ _!!,042.00 Iota!

2 $ 8028.00

.....!...,.£UT8-8 ---~----------•-•-!!!,!)_EA $ 3,740.00 $ 7~~----1.00 .!.. ___ p40.00 1--- !J._ 3, 140,00 l

TOTALSCHEDULE 3 $ 22,550.00 $ 12,782:00 $ 9,768.00 oil SCHEDIILE 4 -s• PVC PIPE b ~

Unit ,j,f'P Item lle$Cflpll0n Quanlltll Unll Prtce Tolal Quanllly Tolai Quant Total '/

! CUTII-& 7911.00 LF $ 23.10 $ ·--~~7.00 _ 398.00 $ 9,1113.80 398 $ 9193.00 2 CUTH 990.00 LF $ 26.40 $ 26,138.00 495.00 $ 13 008.00 . -~-- 495 $ 13,068.00 3 SERVICES 49.IIO EA $ 715.00 $ 35,035.00 27.00 $ 19 305.00 22 $ 15 700.00 4 TV TEST 1.00 LS $ . 3300.00 $ 3 300.00 0.00 $ - 1 $ 3300.00 5 TIE INTO EX~NO MH ______ _ 2.00 EA $ _..!,_980.00 $ 3,980.00 ---~!!,!!.l,_;... _____ 1,000.00 _____ I $ 1,980.00 ~

TOTAL SCHEDULE 4 $ !6a818.60 • 43,548-80 $ 4~271.80

SCHEDULE 5- CONDI/IT Uni!

Item DescdpUoo QuanUIY Unit Price Total -QuanUly Total t Quanfi!Y Total I I _ .!'_LEcmlCJ\l.. MO LS $ 40125.64 $ 40,125.64 0.31 $ 32,501.77. o.io $ ],623.57 2. IRRIGATION, PHONE.CABLE,. ETC. 1Jl0 -LS $ 4,023.25 $ 4,023.25 U3 $ 3,339.30 I 0.17 $ 683.95 F"',;:) 3 STREEllJGHTS ____________ 1.00 L~ $ 2,300.21 $ 2,300.21 -~- 1,800.17 ~!_L- 414.114 ,,,,_ I''

'P-'

TOTAL SCHEDULE 5 $ 411,449.10 $ 37,727,24 $ B,721.86

SCHEDULE 6. PROFESSIONAL SERI/ICES Unll

,Item DescrlpUon Quantity Unit Pdce To1a1 . Quanfftv Tofal · - QuanUtv Total ./ _ I CONSTRUCTION LAYOUTS t.© LS $ 27,600.00 $ 27,500.00 0.80 $ 18,500.00 0..40 $ H 000.00 ft,/f,v

2 PERMANENTCONTROLPOJNT 1.00 LS $ 2,500.00 $ 2,500.00 0.00 $ . • 1.00 $ 2500.00 Vif"/4 _z_~...2!!!.~G ••-·- 1.00 LS $ 4,5-00.00 $ 4,500.00 .~ 0.10 $ __ -·~ 450,00 0.90 $ 4 050.00

TOTAL SCHEDULE 6 $ 34,500.00 $ 16,960.0D $ 17.5!5"0.00

SCHEDULE 7- lREE REI.OCATIOH Unit

lk!im OescrTptron QuaDUty Unit: Pr!ce Total Quand Total Qu Total ~ 1 ROOT PRUNING 25.00 EA $ 300.00 $ 7 500.00 25.00 $ 7 500.00 - $ ':,_(f. 2 · SMALL I MEDIIIM OAK TREES 44.00 EA $ 2,500.00 S H0,000.00 _ -~ _44.00 $ 110.000.00 - ...1 J-.,.'f 3 LARGE OAK lREES ____________ _ 12.00 EA $ _ 4,500.00 L._~000.00 12~~ . 54,000.00 J ___ - -· $ ___ - _

TOTAL SCHEDULE. 7 $ 171,SOO.OO $ 171,500.00 $ -CJ"1 ~t11.'1fIBl1' ,."A" .i:::. PSGe2ol3

...... CJ'1 CJ'1

RlVERWIND PHASE ID Performance._Boadl Cost Estimate value of Land llevelopmet1l lmprovemeatsccmpiete,1

SCHEDULE 8-STORMWATER ,

lte_l!I D•~•J!!!cn 1 CURB INLETS 2 ts"IICP

llnll

TOTAL VALUE OF

PHASE ii

(l<!anllty _ ~nit _ P!loe Total IUMl EA $ 2,840,00 $ 2~.00

92.W _LF !-~- 42.08 $ 3.871.36

TOTAL AMOUNT OF PHASE Ill COMPLETED AT TIME OF-flNAL PLAT

Quml!!y Toli.l 8.00 $ 21,120.00

92.00 $ 3.871.36 3 1B"CAP ,-----~---·-------,--_752.lJ!_!:L,_$ 44,2!, __ , --~98,56 _ ::... 752.0DJ.__ 33~~

TOTAL SCHEDULE 8

TOTAL VALUE OF PHASE II IMPROVEMENTS

PERCENT 01' PHASE 11 COMPLETE

COST TO COMPLETE PHASE DI CONSTRUCTION

ADD FOR ENGINEERING

TOTAL CONSTRUCTION COST FOR BOND

ADD FOR PERFORMANCE DONO 25%

TOTAt. PERFORM!l"ICE BOND AMOUNT

$ 58,289.92

$ f,925,t67.70

):xnmrr ~~·A ..

Ps~e Sof3

$ S&,289.92

MPLETED $ 1.6t5,009.24

14'11

TOTAL \IALI/E OF Pl/ASE m WORK BONDED

v--J, QUanl[IV Total . $ .

:,, i:icr, -- -

$ .

$ 283~4"1 .45

$ 283,441.46

Ii 10 J 23.3.U.jS

$ lU,786.60

!i25 $ 77.ll41UO

$ 389,732.00

RIVERWIND PHASE Ill Performance Bond Cost Estimate Vaiue of Land Development Improvements Completed

SCHEOULE 1 -SllEWORK J0!15lle)

ll•m DescrlpUon Quarnlty Unit

1 Molllllzalloo 1.00 LS $ 2 Clear Arni Grlnd 11.00 AC $ 3 Sllt1ence 2,GOIUO LF $ 4 Strlp Pavemert Areas 633.00 CY $ s Embanlonent 78,349.00 CY $ e Import FIii Spread and Compact 132,139.00 CY $ 7 Gradet.ols 57,928.00 SY $ 8 G.rade ~aved Areas S,763.GO SY $ 9 Grade Green Areas 8,1112.00 SY $ 10 Anal Drflsand aean Up 1.GO !.S $ 11 8'" Slabl- SU!>grade 5,783.00 SY $ 12 6" Rock Base- 4,704.00 SY $ 13 Aspllalt11W S-1 .4.704.00 SY $ 14 Sttlplng and Slpnage f.00 SY $ 1S Miami Curb 4606.00 LF $ 16 DCurb 300.00 LF $ 17 Sod Beck QfCUrb 2' 11001.00 . 5'( $

TOTAL SCHEDULE 1

SCHEOl/LE 2 -WATERDISTRIBUTION 1 6" C 900 1804.00 LF $ 2 Gata valves 6'" 2.00 EA $ 3 Flltlngs 1.00 LS $ -4 _ Fire H)'drantAssembly· 2.00 EA $ s -Senrlc:es Douf.Jle 28.00 EA $ 6 Servlces Sfngle 4.00 EA $ 7 Slow Offs UJO EA $

TOTAL VALUE OF TOTAL AMOUNT OF PHASE Bl PHASE II COMPLETEO ATTIME OF FINAL PLAT

UnltP-llce Tolal Quantity Total

4400.00 5 4 400.00 1.00 $ 4400.00 4,500,00 $ 4!1500.00 11.00 $ 49.500,00

2.25 $ 4 500.00 2.000.00 S 4.500.00 1.76 $ 1,114.08 633.00 $ 1.114,08 0.55 $ 43091,95 29772.62 $ 18374.94 8.00 $ 1,096,753.70 128166.90 $ 1.063,951.30 1.10 $ 63,720.80 26,964,00 $ 31.860.40 1.27 $ 7.319.01 0,00 $ -0,83 $ 5131.06 0.00 i -

10626.00 $ 10,626.00 0.00 $ -2.15 l 12390.45 0.00 $ -7.54 .• 35,468.16 0,00 $ -8.80 $ 41 395,2'] 0,00 $ -

3,900,00 $ 3.960.00 0,00 $ -9.85 $ 45 369.10 4,008.00 $ 45.369,10 9.35 $ 2605.00 0.00 S -

~-1.65 $·---- ~65~- 0.00 $ --I 1,429,196.16 $ 1,217,069.82

·-·-------15.73 $ 2ll376.92 !102.00 $ 14188,48 825.00 $ 1650.00 2.00 $ 1.650.00

3 830.00 $ 3630.00 1.00 $ 3630.00 3,aas.oo s 7370,00 2.00 $ 7,370.00

907.50 S 25,410,00 28.00 $ 25410,00 660.00 $ 2,640.00 4.00. $ 264ll,OO 330,00 $ 330,00 - $ -

a Temporary Jumpers 1.00 EA $ _ 1,727,00 $ 1,727.00 - - $ -!I Sample Pokits- - 7.00 EA·$ - 330,00 $ 2310.00 5.00 $ 1.650.00 10 Pressure Test 1.0D ---- LS $ 907.50 $ 907,50 - - $ C

11 <:H Waterlne ----·-- 1.00 LS $ 907.00 $ 907,50 - $ -12 Comeotlo Exlstlng .. _, -~-~··--·-·---· 1.00

LS $ -- 605.00 $ ----·-·~ ---···

1.00_ $ 605,00

TOTAL SCHEDULE 2 $ 75,863.92 $ fil,143,48 $ 165,232.52 s 113,472.26

-CJ'1 en Pago 1 o/3

TOTAL VALUE OF PHASE Ill WORK BONDED

Quantity Total

- $ -- s -- $ -

J - $ - iJ.v $ - ' 3952 $ 32802AO 1/J'lkt

2111164,00 $ 3}~~~~ 5.76::i $

6.182 $ 5131.08 1.00 $ ·m.626.0D

e,,763 $ 12390.45 4.704 -S 35488,16

4.704.00 .$ 41395,20 I $ 3,960.00: - $ ' -

- 300,00 $ 2805,00 1,001 $ ______ 1.661.65.

$ 185,409.33

--902.00 $ 14188,46

- $ -- $ -- - $ -- $ -- i -

1.00 $ 330,00 1.00 $ 1.727.00 2.00 $ 660.00 f.00 $ 907.00 1.00 $ 907.50

(J/l-

~w - $ -..... ,...., _ _,___ _______ ~~-=--~~~~--...~-----~--= ...... ,.,.

$ 1.S.720A8 0.61

'

RIVERWIND PHASE II Performance Bond Cost Estimate Value-of Land Dewlcpmentlmprovemenl!I Completed

• '

SCHEDULE3- SANITARY SEWER 11/!AHHOI.ES

TOTAL VALUE OF TOTAL AMOUNT OF PHASE Ill PHASE UI COMPLETED AT TIME OF FINAL Pl.AT

lll>il

TOTAL VALUE OF PHASE Ill W.ORK BONOED

Item °"""'lp!k,n Quandl,Y Unit Pnce Tolal I Quamrty ~]"~lal 1 CUT 0-6 5.00 EA $ 3 014.00 $ l?i070.00 3.00 $ 9 042.0ij 2 $ 6,028.00 2 CUT8-6 -•-~·•----------•-2.00 EA~3,!'.!!J.OO~-•--· 7,460.00 _1.00 $ __ 3,740.011 •-~---;LS_ 3,740,001

TOTAL SCHEDULE 3 $ 22,liSO.OO $ 12,7&2Jl0 $ 9,768.00

SCHEDULE 4 • II" PIIC PIPE Unit

oiL c-,f7/f

lrem P~rlftlon ~••u-z ~••• n- ••m• ~••H••Y • UWO I ""'"""'l Tola! _ I 1,lt'i Quan!fly ,. ..... o.r ....... Tola! Quanltty Total QuanU ?'SS~=: !..f $ .22,1~ ; ~£l~e7.~ 398.0D -$ 9,193.80 398 $ M~..J!:t --- -- -- -- -- ... - ·---- - ·- --- -- ••• " 13,0l!ll.OO

1 CUTC-6 7BG.GQ ., • ....... , .... "' 2 Clff 6-6 990.00 LF $ 26.40 $ 3 SERVICES ~9.00 EA $ 715.00 $ 4 TVTlaST 1.00 LS $ 3300.00 S 5 TIE JNTO El!ISTING Mtl 2.00 EA $ 1,980.00 $ -~---

18,387.60 398.00 $ 26,136.00 <185.00 $ 35,035.00 21.00· $

3,300,00 o.oo $

- 3,960.00 1Jl0 $ --

9193.80 398 j J3,0B8.~ <185 $ 19,305.00 22 $

- 1 $

~~ 1 $ y-----· 15,730,00

-_;aoo.oo ~

TOTAL SCHEDULE 4 $ B6,S1B.6G s 43,546.80 $ 43,271.BO

SCHEDULE 5-CXJNDIIIT Unit

Hem O,,scrlp!!cn Quandly Unit Price Total Quan!ltv JolaJ I g~~IOl!!Y Total LL~, 1 2 3

ELECTl!lCAL 1.00 LS $ 40125.64 $ 40125.64 0.81 $ IRRIGATJON, PHONE, CAB!.E, ETC. UHi LS $ 4 023.25 $ 4,023.25 U3 $

ST!IEETUGHTS _. _ --•-~ -.---~--·- 1.00 LS $ __ 2,300.21 $__ _.J,3002L ---U2 $

TOTAL SCHEDULE 5 ' $ 46,449.10 s

SCHEDULE 6 -PROFESSIONAL SERl/lCES Unit

32,501.77 0.19 $ 7 623,87 -~ ,_,!,~ 0.17 $ 683,95 ~l.,;-/ ,-

1 BS!l.17 0.18 $ · 414.04 ,,, "'" ~--~~ a.., -••-•=----~~-•--' =---~----

31,1Z1.2A $ B,72f.B6

lrem Descnpdan ____ ·Quanuty Unit Price Total QuanUly Total · 1 · Quanti!Y Tolal I .I 1 CONSTRUCTIONlA'l'!l.l!IlL 1.00 LS $ 27 500.00 $ 27,500.00 UO $ 16,500.00 0.40 L~. _ ...11.(14lCl,OOu;,f,v 2 PERMANEl'lTCONJROLPOlllT 1.00 LS $ 2500.00 $ 2,500.00 0.00 $ --·- . -· 1 I.GO $ 2,500,00 [:1/.!f/,16 2 DENSITYTESTING -·---~----------·--- 1Jl0 LS $ • 4,500.00 $ ----- • 4.~--- uo $ -·~~--- _ 450.00_-,_ . lt.90 $ -·-· _ •.. 4,050,00

TOTAL SCHEDULE 6 $ 34,500.ll0 l 16,950.00 $ 17,550,00

SCHEDULE 7 - TREE RELOCATION Unit

Hem ~ Quan!lly Unit Price Tolal Quandlv Total Quantilv Total -~ 1 ROOT PRUNING 25.00 EA $ 300.00 $ 7.500,00 25.00 $ 7,500.00 • $ '.7'§[, .

_,,_ CJ1 -.J

2 SMALL/MEDIUM OAK TREES 44.GO EA $ 2000,00 $ 110 000.00 44.00 $ 110,000.00 - $ _ J .,_,r.ot, 3 LARGE OAK TREES . f2.00 EA $ 4,500,00 $ 54,000.00 12,00 $ 54,000.00 $ •

- =<...,.__._ __ .....____,.,..,_,., --·~=- -~~---------,..,, . . ·=-~-•----------'-'-=r. .. CC,,. ------ --·~--,,..--...-=-.... •-.. ~ ... ,..,.oec=,.,,,.,..,-,

TOTAL SCHEDULE 7 $ 171,500.00 s 171~:600.00 $

l'"l)e2of3

RIIIERWlND PHASE lfl Performance Bond Cost EsUmate Value of Land TOTA!. VALUE Of TOTAL AMOUNT OF PHASE 111 TOTAL VALUE OF PHASE 1H WORK Oeveropmenttmprowments Completed PHASE Ii COMPLETED AT TlfllE OF FINAL PLAT BONDED

SCHEDULE 8 -STORMWATER Unit

Item Description Qulillllty Unit Price Tolal Quan![!y Total Quanllly Tolal --1 CURDll,ILETS B.00 EA $ i64o.oo $ 21, !20.00 S.00 $ 21.120.00 - $ -2 15" RCP 92.00 LF $ 42,0S $ 3871.36 92.00 $ 3 871,36 3 18"CAP 752.00 LF $ 44.28 $ 33,200,56 752,00 $ ____ , 33,:l,;98.56 - -K••=~--~---~-~--£--•-~4-~0ll,,~•-.-.•

~ ,o/;t'l;'#t

TOTAL SCHEDULE B $ 58,289.92 $ 58,2119.92 t -

TOTAL VALUE OF PHASE Ill IMPROVEMENTS $ 1,926,167.70 COMPLETED $ 1,615,009.24 $ 283,441.45

PERCJ:NT OF PHASE 111 COMPLETE 84%

COST TO COMPLETE PHASE II CONSTRUCTION $ 283,4,IUo

ADD fOR ENGJNEERING 0,10 i 28,344.15

TOTAL CONSTRUCTION COST FOR BONO ' l11e111UO

ADD FOR PERFORMANCE BOND 25% 0.25 $ 77,946.40

TOTAL PERFORMANCE BOND AMOUNT $ 33&,732,00

-C, 00 f'lldlo3cl3


MEMORANDUM

Public Hearing (Quasi-Judicii1l)

TO: Joseph A. Baird, County Administrator

elopment Director

THROUGH: Sasan Rohani, AICP; Chief, Long-Range Planning '7 ;f,,. FROM:

DATE:

RE:

Gale Carmoney; Senior Planner, Long-_Range Planning~

March 31, 2006

Treviso LLC's Request to Rezone ±19.48 acres from A-1 to RM-8 (RZON 2006010188-52490)

It is requested that the following information be given formal consideration by the Planning and Zoning Commission at its regular meeting of April 11, 2006.


This request is to rezone ±19.48 acres from A-1, Agricultural-I District (up.to 1 unit/5 acres), to RM-8, Multiple-Family Residential District (uf to 8 units/acre). Located at the northeast quadrant of the intersection of 16th Street and 74 Avenue, the subject property is depicted in the figure below. The purpose of this request is to secure the zoning necessary to develop the site with residential uses at a density consistent with the allowed density of its comprehensive plan land use designation.

On February 23, 2006, the Planning and Zoning Commission voted 4 to 3 to recommend that the Board of Couµty Commissioners not rezone the property as requested, but instead to rezone the subject property to RM-6. Subsequently, the applicant formally appealed the Planning and Zoning Commission's decision, and submitted an Evidentiary Statement in Support of Application for Rezoning. That statement is included with this report as Attachment #6.

Existing L1md Use Pattern

Generally, this area of the county contains residential uses, commercial uses and agricultural land. Zoned A-1, Agricultural-I District (up to 1 unit'5 acres), the subject property contains a single family residence and an abandoned citrus grove. Land to the north of the subject property is zoned RM-6, Multiple-Family Residential District (up to 6 units/acre), and is vacant and

1 159

undeveloped. Land immediately to .the east is zoned A-1 and is developed with single family homes. To the west of the subject property, across 74th Avenue, land is zoned RS-1, Single Family Residential District (up to 1 unit'acre), and A-1, Agricultural District (up to 1 unlt / 5 acres). The RS-1 zoned land contains the Westlake Estates subdivision which is developed at .68 units/acre, while the A-1 zoned land contains single family homes and a landscape plant nursery. Land to the south, across 16th Street, is outside of the urban service area, is zoned PDTND, and contains a golf course.

Location and Zoning of Subject Property and Surrounding Properties

1-~1

Future Land Use Pattern

Proposed RM-8

With the exception of the land to the south of the subject property and across 16th Street, the subject property and all abutting properties are designated M-1, Medium-Density Residential-I, on the county's Future Land Use Map. The M-1 designation permits residential uses with densities up to 8 units/acre. The property that is south of the subject property is outside of the urban service area and is designated AG-1, Agricultural-I, on the county's Future Land Use Map. The AG-I designation allows agricultural uses and residential uses up to 1 unit'S acres.

2 160

Environment

The subject property is an abandoned grove and, therefore, an altered site. The property is not designated as environmentally important or environmentally sensitive by the comprehensive plan. No wetlands exist on the site. According to Flood Insurance Rating Maps, the subject property is in a flood zone "X".

Location and Land Use Designation of Subject Property and Surrounding Properties

Utilities and Services

The site is within the Urban Service Area of the county. Wastewater service is available to the site from the West Regional Wastewater Treatment Plant, while potable water service is available to the site from the South Co\ll'lty Reverse Osmosis Plant.

Transportation System

The property's south bolll'ldary abuts 16th Street and a canal. Classified as a Rural Major Collector road on the future roadway thoroughfare plan map, this segment of 16th Street is a 2 lane unpaved road with approximately 30 feet of existing public road right-of-way. The canal is south of 16th Street and also has 30 feet of right of way. Presently, the county is in the process of acquiring additional right-of-way in order to proceed with improvements to this segment of 16th

· Street within the next year.

3 161

The subject property's western boundary aligns with 74th Avenue and the Range Line Canal. Classified as a Rural Major Collector road on the future roadway thoroughfare plan map, this segment of 74th Avenue is a paved 2 lane road with 65 feet of existing public right-of-way and a left turn lane for 16th Street. There are currently no planned road improvements for 74th Avenue listed within the County's Comprehensive Plan through the year 2025. The canal, which is between 74th Avenue and the subject property's western boundary, has 100 feet of right-of-way,

ANALYSIS

In this section, · an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include:

• The request's impact on public facilities; • The request's consistency with the county's comprehensive plan; • The request's compatibility with the surrounding area; and • The request's potential impact on environmental quality.

Concurrency of Public Facilities

This site is located within the county urban service area, an area deemed suited for urban scale development. The Comprehensive Plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation. The adequate provision of these services is necessary to ensure the continued quality of life enjoyed by the community. The Comprehensive Plan and Land Development Regulations (LDRs) also require that new development be reviewed to ensure that the minhnum acceptable standards for these services and facilities are maintained.

Policy 3.2 of the Future Land Use Element states that no development shall be approved unless it is consistent with the concurrency management system component of the Capital Improvements Element. For rezoning requests, conditional concurrency review is required.

Conditional concurrency review examines 1he available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, county regulations call for the concurrency review to be based upon the most intense use of the subject property based upon the. requested zoning. For residential rezoning requests, the most intense use (according to the County's LDRs) is the maximum number of units that.could be built on the site, given the size of the property and the maximum density under the proposed zoning. The site information used for the concurrency analysis is as follows:

1. Size of Area to be Rezoned:

2. Existing Zoning District:

3. Proposed Zoning District:

19.48 acres

A-1, Agricultural District (up to 1 unit/5acres).

RM-8, Multiple-Family Residential District (up to 8 units/acre)

4 162

4. Most Intense Use of Subject Property Under Existing Zoning District: 3 Single-Family Units

5. Most Intense Use of Subject Property Under Proposed Zoning District: 155 Multiple-Family Units

Transportation

As part of the concurrency review process, the applicant has submitted a Traffic hnpact Analysis (TIA). A TlA reports the number of peak hour/peak season/peak direction trips that would be generated by the most intense use of the subject property under the .proposed zoning district, and assigns those trips to impacted roads. hnpacted roads are defmed in section 910.09(4)(b)3 of the county's LDRs as roadway segments which receive five percent (5%) or more of the project traffic or fifty (50) or more project trips, whichever is less.

According to the approved TIA, the existing level of service on impacted roads would not be lowered by the traffic generated by development of 155 multiple-family units on the subject property. A summary of the Traffic Impact Analysis is provided in Attachment 3.

· With the proposed zoning, the subject property could accommodate 155 residential units, resulting in water consumption at a rate of 155 Equivalent Residential Units (ERU), or 38,750 gallons/day. This is based upon a level of service of 250 gallons/ERU/day. Development on the subject property would be served by the South County Reverse Osmosis Plant, which currently has sufficient capacity to accommodate the additional demand generated by the proposed rezoning.

Wastewater

Based upon the most intense use allowed under the proposed zoning, development of the property will have a wastewater generation rate of approximately 155 Equivalent Residential Units (ERU), or 38,750 gallons/day. This is based upon the level of service standard of 250 gallons/ERU/day. County wastewater service is available to the site from the West Regional Wastewater Treatment Plant, which currently has sufficient capacity to accommodate the additional wastewater generated by the subject request.

Solid Waste

Solid waste service includes pick-up by private operators and disposal at the county landfill. The county's adopted level of service standard for landfill capacity is 3.67 cubic yards/person/year. With · the county's average of approximately 2.25 persons/unit, a 155 unit residential development would be anticipated to house approximately 349 people (2.25 X 155). For the subject request to meet the county's adopted level of service standard of 3.67 cubic

5 163

yards/person/year, the landfill must have enough capacity to accommodate approximately 1280.83 (349 X 3.67) cubic yards/year.

A review of the solid waste capacity for the active segment of the county landfill indicates that the county landfill can accommodate the additional solid waste generated by the site under the proposed zoning district.

Storrnwater Management

All developments are reviewed for compliance with county storrnwater regulations, which require on-site retention, preservation of floodplain storage and minimum finished floor elevations. In addition, development proposals must meet the discharge requirements of the county Storrnwater Management Ordinance. Since the site is located within the C-2 Drainage Basin and the Indian River Farms Water Control District. (IRFWCD), development on the property will be prohibited from discharging any runoff in excess of two inches in a twenty-four hour period, which is the approved IRFWCD discharge rate. ·

In this case, the minimum floor elevation level of service standard does not apply, since the property does not lie within a floodplain. Both the on-site retention and discharge standards apply. The stormwater management level of service standard will be met by limiting off-site discharge to the IRFWCD's maximum discharge rate of two inches in twenty-four hours, and maintaining on•site retention of the storm water runoff for the most intense use of the property.

As with all development, a more detailed review will be conducted during the development approval process.

Recreation

A review of county recreation facilities and the projected demand that would result from the most intense development that could occur on the property under the proposed zoning district indicates that the adopted levels of service would be maintained. The table below illustrates the additional park demand associated with the proposed development of the property and the existing surplus acreage .

.

Park Information

LOS (Acres oer 1,000 Population) Project Demand (Acres) Surolus Acreage 6.61 2.31 . 32.6

Concurrency Surnm1Jn:

Based upon the analysis conducted, staff has determined that all concurrency-mandated facilities, including stormwater management, roads, solid waste, recreation, water, and wastewater, have adequate capacity to accommodate the most intense use of the subject property under the

6 164

proposed zoning district. Therefore, the concurrency test has been satisfied for the subject request.

Consistency with Comprehensive Plan

Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive plan. Rezonings must also be consistent with the overall designation ofland uses as depicted on the Future Land Use Map, which include agriculture, residential, recreation, conservation, and commercial and industrial land uses and their densities.

The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following objectives and policies.

Future Land Use Element Objective 1

Future Land Use Element Objective 1 states that the county will have a compact land use pattern, which reduces urban sprawl. By allowing the site to be developed in a manner that is consistent with the site's land use designation, the request allows a more compact land use pattern within the urban service area and reduces the chances that urban sprawl will occur. For these reasons, the request is consistent with Future Land Use Element Objective I.

Future Land Use Element Policy 1.13

Future Land Use Element Policy 1.13 states that the M-1, Medium-Density Residential-I, land use designation is intended for residential uses with densities up to 8 units/acre. In addition, Future Land Use Element Policy 1.13 states that these residential uses must be located within the urban service area.

Since the subject property is located within an area designated as M-1 on the county's Future Land Use Map and is located within the county's urban service area, and the proposed zoning district would permit residential uses no greater than 8 units/acre, the proposed request is consistent with Policy 1.13.

Future Land Use Element Policy 2.2

Future Land Use Element Policy 2.2 states that the county shall encourage and direct growth into the urban service area through zoning and LDRs. Since the proposed rezoning would allow and encourage more development on the subject property and the subject property is within the urban service area, the request implements Future Land Use Element Policy 2.2.

7 165

Future Land Use Element Policy 1.45 and 1.41

Future Land Use Element Policy 1.45 states that when vacant land within the urban service area is located adjacent to developed property that is built to a density lower than the allowed density of the vacant property, the vacant property shall have a transition area next to the built property with a density in that transition area comparable to that of the built property. ·

Future Land Use Element Policy 1.41 states that the board recognizes that not every zoning district allowed in a land use designation is appropriate for every site within that land use designation. In addition, this policy states that the Board may determine that where medium density residential lands abut lower density residential land, the medium density land may be zoned an intermediate density.

In the case of the subject property, both of these policies apply and both support rezoning the subject property to RM-6 instead of RM-8. Consistent with Policy 1.45, a transition to 1he lower density, developed Westlake Estates property to 1he west is warranted. Such a transition could be RM-6 zoning.

With respect to Policy 1.41, 1he county has recognized and applied the principle that every zoning district allowed in a land use designation category is not applicable everywhere with in the land use designated area. That principle particularly applies in this case. Within the M-1 land use designation area along SR 60 corridor, the county has generally limited the zoning district for properties located further from SR 60. Consequently, this property is more suited for RM-6 zoning instead ofRM-8 zoning.

Consistency Summary ·

As part of its consistency analysis, staff compared the proposed request to all applicable objectives and policies in the plan and found the requested RM-8 zoning district does conflict with Future Land Use policies 1.45 and 1.41. Therefore, staff's position is that the request is not consistent with the comprehensive plan.

Compatibility with the Surrounding Area

During discussions between staff and the applicant, staff recommended that the applicant request RM-6 zoning, instead of the RM-8 zoning. Th~ applicant, however, chose to proceed with the RM-8 rezoning request. Staff's position is that the requested zoning district is not appropriate for the site and that development at the density proposed under the requested RM-8 zoning district (155 units) will be not compatible with surrounding land uses. Staff feels that a lower density zoning district, such as RM-6 (116 units), would be more appropriate.

Policy 1.41 of the Future Land Use Element states that not every zoning district allowed in a land use designation is appropriate for every site within that land use designation. In this case, the subject property's southern property line is adjacent to the urban service area boundary. Historically, the county has approved a lower density zoning district for those properties that border the urban service area. This is evident with recent rezoning requests for three· other

8 166

properties on 16th street that are east of the subject property and are also adjacent to the urban service area boundary. All three of those properties have an M-1 land use designation that allows up to 8 units/acre. The Board of County Commissioners has approved RM-6 zoping districts for all three of these rezoning requests ..

Since the property immediately to the north of the subject property is zoned RM~6, an RM-6 zoning of the subject property would be a continuation of that zoning. In fact, a majority of the properties in the immediate vicinity are zoned or developed at a density of 6 units/ acre or less.

Two factors indicate that an urban type of zoning district would be appropriate for this portion of the county. The first factor is the underlying designation on the Future Land Use Map. As shown on the Future Land Use Map, the subject property is within the urban service area and is deemed appropriate for residential development at medium densities. In this case, however, the requested 8 units/acre is not compatible with the existing development pattern in this area of the county.

Equally important is the development pattern in this portion of the county. This area of the county is primarily zoned for or developed with low and medium density developments. These factors indicate a trend toward continued urbanization in this portion of the county. Therefore, no incompatibilities between the properties in this area and the subject property are anticipated to occur if the subject property is rezoned to RM-6.

For those reasons, staff feels that the requested RM-8 zoning district will not be compatible with development in the surrounding area'.

Alternatives

The Board of County Commiss_ioners has 3 options regarding this rezoning request.

1. To approve the rezoning request as submitted. 2. To deny the rezoning request as submitted. 3. To approve the rezoning with a lower density zoning district, such as RM-6 or RS-6.

In a 4 to 3 vote, the Planning and Zoning Commission recommend that the Board approve option # 3.

Potential Impact on Environmental Quality

The subject property is an altered site that had been used for residential and agricultural uses. Since the subject property contains no environmentally important land, such as wetlands or sensitive uplands, development of the site is anticipated to have little or no impact on environmental quality. For this reason, no adverse environmental impacts associated with this

. request are anticipated.

9 167

CONCLUSION

Based on the analysis, staff has determined that· the requested zoning district meets all concurrency criteria, and will have no negative impacts on environmental quality. Staff, however, has determined that the requested zoning . district is not consistent with the comprehensive plan, and is not compatible With surrounding areas. For these reasons, staff does not support the request as it is submitted•.

RECOMMENDATION

Based on the analysis conducted, the Planning and Zoning Commission and staff recommend that the Board of County Commissioners deny this request to rezone the subject property from A-1 to RM-8, and rezone the subject property from A-1 to RM~6 by approving th:e attached ordinance.

ATTACHMENTS

1. Summary Page 2. Rezoning Application 3. Traffic Impact Summary Report 4. Approved minutes from the February 23, 2006, Planning and Zoning Commission

meeting 5. Ordinance 6. Evidentiary Statement in. Support of Application for Rezoning

Approved Agenda Item

Indian River Co. Admin, Legal Budget Dept. Risk Mgr:,

F:\Commonity DcvolopmcntUscrs\LONG RANGB\l\,;on\Tmiso\EICC item Tmi,o,doc

10 168

SUMMARY PAGE

GENERAL Applicant: Treviso LLC. Location: Northeast intersection of 16th Street and 66th Avenue Acreage: 19.48 Land Use Designation: M-1, Medium-Density Residential-I (up to 8 units/acres) Existing Zoning: A-1, Agricultural District (up to 1 unit/ S acres) Requested Zoning: RM-8, Multiple-Family Residential District (up to 8

units/acre) Existing Land Use: Single family residential and Agricultural

ADJACENT LAND North:

South:

INFRASTRUCTURE

Citrus Grove: Zoned A-1, Agricultural District (up to 1 unit/ 5 acres) Golf Course, outside of USA: Zoned PDTND, Planned Development Traditional Neighborhood Design Westlake Estates subdivision and single family residential uses: Zoned RS-1, Single Family Residential District (up to I unit/acre) and A-1, Agricultural District (up to 1 unit/ 5 acres) Single family residential uses: Zoned A-1, Agricultural District (up to 1 unit/ 5 acres)

Water is available from the South County Reverse Osmosis Plant and sewer is available from the West Regional Wastewater Plant; access is from 16th Street.

ENVIRONMENTAL CONSTRAINTS None; Flood Zone X

PUBLIC NOTIFICATION

PZC BCC

Staff Contact: Gale Carmoncy Gale Carrnoney

Il!ll!a 6r.l~Wi1tr.\: Februaey 8, 2006 February 21, 2006

# of Surroundin• 12 12 Progem,: Owner Krotifications: Date Notification February 8, 2006 March 27, 2006 Mailed: Dall: Sign Pasted: February 2, 2006 March 24, 2006

STAFF RECOMMENDATION Staff does not support the request

ATTACHMENT 1

11

169

- .. APPLICATION FORM

REZONING REQUEST (RZON) INDIAN RlVER. COUNTY

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Each application must be complete when submitted and mus cl~t:l':ih:(, ~equir :, attachments. An incomplete application will not be processed and e returned to < ' ~-applicant. 9 S ;

AssignedProjectNumber:RZON- .20'{)/i, b/'lJ/ 91 - 5',,2,YfD

Current Owner Applicant (Contract Ag~t Purchaser)

Name: Treviso, LLC Treviso, LLC Siemon & Larsen

Complete Mailing 9900-A SW 18th Stre4!1t 9900-A SW 18th Street 433 Ple.:a Real, Suite 339 Address: Boca Raton, FL 33428 Boca Raton, FL 33428. Boca Raton, FL 33432 Phone #: (including area (561) 488-9509 (561) 488-9509 (561) 368-3808 code) Fax#: (including area ' (561) 488-2539 (561) 488-2539 (561) 368-4008 code) I .

E-Mail: davld@cj"'•"•"m unities.cor /I [email protected] matt@slamonlars$1'!,com

Contact Person: Davi(VJJOfs rein I I I H , !1Javid /. Ofstein Matthew Barnes

Signature of Owner or Agent: fj_ ,.1 )(/! f!l( ,, 'I (/ . ~ ,., .,('.

___ .......... '

'-"" ....... '~/ ~ , .. pr,mPr[V Informa on

Site Address: 7316 16th Street, Vero Beach, FL 32966

Subdivision Name, Unit Number, Block and Lot Number (if applicable) _____________ _ Indian River Farms Co. Subdivi$ion

Existing Zoning District _A;..;.· .... 1 _____ _ Existing Land Use Designation: --'M•·-'-1 ____ _

Requested Zoning District: _R_M_-_e _____ _

Total (gross) Acreage of Parcel: 19.488 AC Acreage (net) to be Amended: -'1"'9-'-'.4'-"B"-a ____ _

Existing Use on Site: Orange Grove, Single Family Residence and two sheds

Proposed Use on Site: Residential Townhomes

1

ATTAtHMENT ·•2 170

Kimiey,Hom and Associates, Inc.

TREVISO PROPERTY REZONING QO ACRES)-T,RAFFIC IMPACT EXECOTIVE SUMMARY

(Jul.y2005)

1. ~on: Northeast quadmnt. of741'!t. Avenue and 16111 Street

2. Slze: 8 multi-family U!!!l's per aere fut a maximum of' 160 multi-family residential lll'lits

3. Trip Generation: .Daily Trip Volume .. 957 vehicular trips· P .M. Peak-Hour Volume= 88 vehicular trips

4. Area ofln.fl.wmce Bouo.dacies; • SR 60-1-95 to Old Dixie mg1mm,y • 20111.Avenue-lst'Sn:eettoSR60 • 58" Avenue - 8111 Sb:cet to 45"1 s1m:1:· • 6st' Avcmie- SR 60 to 45th Street

5. Signi:fieaat Roads: None

6. Significant IntmrectiollS: • 74t1t Avem:re/SR60

7. Trip Di$n1:rution: See A.ppen.ai.x A

8. liltema.J. Capture: none

9. Pass-by Cap1.ure: none

10. P .M. Peak Hour DiJ:eeti.®al % (ingress/egress): 67% entering/ 33% exiting.

11. Traffic Count Faeton Applied: • None

12. Off-Site Improvements: • Noue

13. Roadway Capacities (IRC Link Sheets): See Appendix B

14. Assume :roadway and i or iatersection improvements: • None

• 1EL m till! lllal FM. 7l'.! oG2 lffl

ATTACHMENT 3

• S,i!,il(J() ' 61lt21.t$W,I Veiolllta,h,Fllli!fl !i!ll6D

171

Kimley-Hom and.Associates, Inc.

15. Sig!lit1cant Dates a) Pre-study conference: July 2005

b) Traffic counts:

lnieneetion Cou.ntDate

14"' Aw:mre/ S.R. 60 6/23/05

PMPeik. Peak.Season Bour Factor

4:30-5:30 1.07

'Remaining count data and all signal timing sheets provided by Indian River County. Lim: sheets based upon year 2005 seasonally-adjusted tr.affie counts also provided by Indian River CoT.lllty. ·

) "'-•" --•· ;2. / '2, 7' 1,,5-e i:uu.uyappro~~ ... ..,7 ...... / 1

ATTACHMENT ) 172

APPENDIX

A TRAFFIC DISTRIBUTION &ASSIGNMENT

B PROJECf LINKASSJG.NMENT

173

A TRAFFIC DISTRIBUTION & ASSIGNMENT

AnJlCHMENT 3 174

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B PROJECT LINK ASSIGNMENT

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l/,IDl,IN IUW!l lll.\11:!. 171lilfflW!f iWII" SmEl!T 1ill0 1$411 19 • ... ·- INDWI IWl!IIIILW, lll!IIT lffllS!'I' .. ...: .. 1000 - ... D 11'/e 11..S iNDtAh RIV'ERILW, :t'IIITllmll!l!iT $.R.l!Q '""" - 34 • "'' 1160N INDIAN RIVERBLW. ........ W.VBCll'YL IIIGO '111li II!! • ... 11"'8 Olilll\N llll/ER8LW. ""-•• W.WCITYL .... - "" • ... '""" INlllAI( RM!IHLVD. W.WCllYL us 1 GI S.AEI ff, ;..., ... 00 0 .,. 1fl'OS INOIAN fWERDL'VO. w.vacnvL t.1111 Ill 111At> li'r. , ... 712 1lill • -1.t'ION M$ N,QQUIIT\'UtE CR.li'll! 2740 1504 10 0 1m 12108 ... N.C0UNTVLlhE C.R.512 .,. .. ·- 1$ • 101, 1l!20N ~ CJU12 SAIIQ 2740 1510 .. • 1tN 1221111 , ... a.Jt..£12 SJl.CII ffiO" 1111, '"' • ,111

""""" I-OIi S.IUO 0111.0ROAD ...., .,. !i> • .... ,_ Mil' SJ!.GO CW)RQAE) - 1712 .. • U•C 1ZION MIO QS!.DRQAll S,C01.11ffl'IJIII! :18M m, $S 0 uaa ·- .. OSI.GR(W) S. COUl<IY UNI! .... 1707 1111 • 1111

1lC$11 US.1 8. COUll'IYtJNE 01!1.0RQl\0 .... - 1® • ffl 13G1!8 U,S,1 &COUlm'UNlo oEitOROAI> 1eGD '""' .. • , .. 1:110N U..$.1 0111.0ROIII:> "1ll ff.O 111.BLW. :l7llO «51 n 0 -ff10S UJl.1 091.0 RD',!) 41Hst'.(tlRBLVD. ...... ,..,

" • tit 1311111 11.e., 4TH$T,OIR"1.VD. lllHll'll!l!l!f 1090 11t1 18 0 6M 13111$ 1,1.S.1 ffll lff. l!J IR 1111,ll). 811-lsmEEI' , ... tffl' .. 0 -1- U.S.1 IJl"l18TREST Ultl81l'!EET , ... 1:m 10 • -10i!IS us., -- 1:1111 ll1RJ;liT - ..... i; 0 ..,. 111215N UJM 12TIUfflW!T s.118CRYL 1710 1AQ .. • ... 1- U,.$,1 UltlsmEET 8.WCIIYL 1710 1170 M • ...

ATTACHMENT ... 2 178

LINK ON STREET FRWSTR91'1' TOSTReef CAPl\(lllY EXIST. 1/S!ED PROJliiCf AVJJL 1a!CN U.S.1 s.wcnYL. 1TTHS'l1W!f · mo - :Ill • 101

1830$ U.S.1 S;"" CIIY L 1ml l!'IRml' mo .. ,.. • • ""4

13al U.S.1 1l'l'HsmimT S,R.lll 1510 1'38 . •• • illS

1- U,$,1 1ffll~ S.R.lll mo 1810 n 0 ffl 11Mllfl U.8.1 SAlll n,:,,rAI. l'IIW Pl. '1510 - ., 0 12 - ll.S,1 AAlll Am'AI. IW.II Pl. 1$10 ... 1:11 • ... 1341111 U.S.1 fl/JV,\I. PALM Pl. <111,Af,ITtO&l\lt>. ..,,. - ... • -1:sd$ u.s., ROYAl.9ALMPL A'II.AN'TIC Bt.'ID, mo 1Mll 151 • ... - U.S.1 A'l'l>lmCBLVI'" N,WCITYL - , ... "111 0 -185llS U.8.1 A1Wfll081.V0. N.VIICIIYL 1!1111 .... m 0 .. 11111N U.S.1 N.\18CITl'L <IUIDllill!IIWI' 1080 181M 217 0 9

1il55S U.8.1 N.WCITl'L 01.D DllQE HWY , ... 12!11.1 218 • ... - UJl.1 C:.Dt=i=.HYf'/ ••tlT- 1=> ~ 1"11 II = .... s U.6.1 eu>CDaEHW'/ 41SfSfflli&T 111811 1Ulll$ 1111 • ""7 - U.6,1 41!;l'S111EET -- , ... .... 111l • . .. - U.S.• 41111' mRl!E'I' -- 16$0 - '"" 0 r.is 1"711N U.S.1 olffil-- -- 1illl0 ,.,., f18 0 211 1S'/011 U.8.1 -- 41TH $Tlll!l!l' - 8G 188 0 MS - U.$.1 -- IIITHSTREET .... .... m • , .. "'1511 u.s., 4ffll&TIIElil' Gffll S'ITIIEST .. ,. 117$ 111l • NT 111111)1,1 IJ.&1 O!miS'l'Rl!lff •m- ·;zm 1Sff 1tll 0 .... ,_

U.S.1 mil 8fflET "'™ll'll'taIT 111SO 11'1'4 111t 0 ... 10i$11 U.S.1 -- QI.I) Dl)OIUIIW - '""' 106 • ... .... U.S.1 IIIITH- QI.I) Dll!IE HWY llli!O 11R ... • <MIi 1:l!IOM U.S.1 rulllOOEtHWV --DR. :1210 1072 ml • .. 1llll0& U.S.1 QI.I) PPII~ H¥l'Y $Cioll)IW\INDR. .... 1171 1.70 • "19 ·- U.S.! $CIII.IMAN>IDR. .C,11.012 , ... - Ill' • ... ,_

Wl.1 SCHUMANN DR. OJt.11:i! 115GO 1118 113 • .. 141111H UJl.1 C.FUl12 N.6118. ctTYL 1710 - '7 • .... -UOJIII UJl.1 c:&M~ N.$1!.8\CITYL 1'110 .... .. • .tl1 U.OBII U.$.1 N. Sim. CIIY L . -~- mo 1.1!14 .. • ... 1'11)611 U.,U N.ill!D.CITYL ROSl!UIID m,, , ... 10Tl! r., 0 :NO 14'lQN Wl.1 flt1lll!IJWD IUl- N. CCXJN1Y t..lil1S .... 1:111'> .. • ... 1410$ u.s., 1IOSel.Al'lllRI>, N. COOMIV tlllJa - 10\IS .. 0 m 1!110N IICKIIWIN"'!. c.R.1110 fl <G'INl'Vl'- $._,c:m"L Oil'! 7'11 • 0 , .. 1510& acttUMANN CIR. c.l't. 010 fll"""' A\11;:. .lUU,cnYL ... 41'1 G 0 ""' ,_

SCHUMANN DR. r,. Sl!II. CITY I. U.$.1 OIi) 116 • • ... 1~ SCHUMANN DR. s.sm. aTV L. U.S.1 mso , .. • • .,,. 1810!! ROOEIM<llffl. $11;.!11~ N.Rll. ctTYL ... = 5 • ... 11t!OW ROGIIWIDN!. S.IU<t N. SEIi. CITY I. .. 11&1[; '· • ""' 1UOE RCSB.ANDAD. N,IIE8.Cl1YL U.S.! 8EIO "" T • 5iS ·- l<OH!-NID RD. N.Soll.CrrYL U.S:,1 ... 21111 • • "12 mOE C.R.51:i $JI.Ill .... ililOI WO " • -f11r.lW CJ!. 512 S.R.lll .... ... Gell • 0 , . ffJIOE CJU12 I.ff C.IU10 18!IO ... 169 ' 1""1 17.20W c,,t.l'i12: 1-111 Cl,R.511> , ... HOS 11 0 1149 1M! C.R.1112 OJU,10 W.211.CITYL .... 702 10 • .... 1'/IIOW C.IUll2 C.IUl10 W.~.Cl'IYL - 725 • 0 11127 17 ... CJl,512 W. SIIB. CIT\' L R0BELAND RD. , ... ... ,. • . .. 17"9W C.R. 612 W.SE!l.CITl'L RllBEt.AND RD. 1111l<l 7.112 7 0 ,,..,,

ATTACHMENT 179

UNK OI\IS'll!eST FROMSTREET TOSTRSET CAPJ.CrfY E.lOST. \IESTiro PROJECT AVAJI.. 1'1!GE CR.612 ROSELAN0 RD, Ut;.1 .... lffll 12 0 ,.,.. mow (;;u12 MSe.AN!]RD. U&1 .... ... 1 • ... ,i,1;11oe CA.f.10 C.R,S12 &ffl!AIIE. 11160 -!GO - 0 10'!1 1&1ow C.R.610 o.R.Bt:a amiAVfi, leclO "'" 1• 0 1®$

182DE C.R.510 llffll AVE. 15111H AVE. , ... 4H 101 0 ,. 1820V'I C.R. 510 GSl'HAIIE. lffl!AVI!. ""'' m 18 0 .... 18SOE;: CJtS.10 61ffll AVI!. US.1 1il0 6£! 1ll2 0 112t 111!111¥/ CR.110 · ATH AVE. U.S.1 1MO ffil ... 0 ... . 1tMOE 0.R.510 u.11,1 8.R.A1A 1IIOII ... ""' 0 .... t840W 0.'ft.510 u.s., $.R.A<A .... 11120 25G • .... --· W, COON'!\' UNI C.IUtl! 1'10 z,i n • 1ffl iiCIW/ lt.R.10 W,aaoJN'IYLINE C.R.612 1'10 ~ " • .... '!!!!0!S SJl' .. to C..lt.!1!. 'IO!ffll- 1t:C ::;, • • ,. 11i17W l)JUO C.R.51.Z fOCffllAVEl. 1810 m • 0 1a, 1910!! SJt.ilO 1oo'l'IIAVI!. .... 1M ... 140 • 1ai 101CIW $All> f<ID'll<AVE. ... ltleO ..,. 217 0 11ll2 1111E $A ,;o l"5 UIDAVE. 1MO 11'1 m 11 ..... 1HIIW IIJUO MIS flmfDAVE. - - >iB • Sill 1i121J!! 8A ilO mmNJE. - AI/E. - f'41:S: - .ll2 ... iOi!OW &IUO i:IHDA'IE. --- .ffll> , ... 40$ # ..,. 1U2!!1iE S.Pt.80 ll8ll! AVE. ..m!AVE. - .... ffl 16 -.....,.a;,.,. ..,,.,.Vil. -cmliAVE. mo 21:19 - .. m 1nae &R.CIO ""1llAVE. <IVWAVE. ffl1I 1,.,. ... • 'NIil 1NOW SR.GO Sll1HAVE. <1$RDA'II!. .... 1"'5 ... .. .,. 1- S,R.IIO GRDAVE. ZITHAIIE. mo .... - II 1029

·- 8.R.00 41RDAVS. ZITHAI/I!. .,..

'"" :ml ,. -"iifOE $.R. IO 21TH Al/I;. 2!fltl All£. = 11112 174 • 1700 11HGW S.R.60 Zl'THAl/li, 211TflAV1i. """ 1111 12/l1 tl! , ... t«MSE: SJl.BD ""1< A\/11L . OI.D"""' HWY - 1090 •• D .... flMSW $RM :!<ITHAVE. OU)Dl)CISHW'f 322 ... , .. • .... 1GRE: 8.ftlD OUlDDDEHW'f 'lffll Al/I!. .... - ll4 . 0 -185Ul!V S.R. eo OLDDIXJEHIW 10TIUIIE. """" 1171 "' • .... ·- 11.R.1!0

10'IHIM!. Wl.1 = - .. • ..,.. tll&6VII .S.R. l!IO 10'IHAVE. U.G,1 """' ... "" • 11327 HIOEi $A.ti() u.:s.1 lllllAN R1l/l;R 81.vtL .,,., - 1il • -1"0WS.R.Gl> OJl.1 IN'INII RM2R BLW, = - i • mu 1NIIE $.R.l'O INDIAl>I II\Vel'll!Ulll. l()WW 111GO 1:la 11 • -1N5W RA. 611 INDIAN Rnll!Rlll.VD. ICIIVW ,. 1s.18 7 • ... 1WOE SR. BO ICWW 8Jl.A1/\ - 1111 1Z • ..,. 1s10W S&ea 1CWW SJI.A1/\ , ... ... • • ltl4 """'5 11/11HffllE!l!'T ll1'tli AVE. ~-- ... IMi6 .. • 470 20mw1rn!SIRB!'r riAVE. _, •VE. .... ffl 17 • $04

203DE. 1B1'H SYREliT a!UJAIIE. 1!71"HA\/I!. ... At .., 0 -- 16'tH a:mmrr --- Z'THAVE. ... ... 21 • 2111 - 111Ttl $i1Cl!l' ~-- tlm'HA111!. ... ... .. 0 """ - 11/111 Sl'll!!l!T Z'THAVE. l!l11'.li/lV.. ... ... 311 • .. - 11ffllS'l!ll$r ;!ll'IHAVI!. OU,OClll;MN\' ltlO .. .. • 217 21>5UW 16111S'IREET "'11tAVli. 0U10Clll;KWY 810 'l'l10 .. • loll

- 1'ffil/17111$fflHT 01.D DDCIE HWY U.S.1 1710 1IO\I ell • ... - 1ffllflffllS'fflEET OLDDOOI! HWY U.S.1 mo TII) .. • ..,. 211DE 171HST1W!T IJJJ.1 INCMIIR!Ve!IIILW. mo 1R1T 21 • 11:12 .,_

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3 180

LINK ONS'IREET FROMS'l'REE'I' TOS'TREET c»M:SrV EXIST. VEmEO l'ROJEC"I' AVM..

ZZIOW 12Tlf SFRSI" IIOTII AVE. 4llRl)A\IE. IIBD 26i 4 0 IOI

'2:!0E 12Tlf S'l1Wl!T 431'1bAVI!. :fflHAYI!. ., ... -3 I, 1111<

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- 12THS1Ulil" 2011< Avt. Cl.II ODIE flWY ""' - ,. 0 ... - 12:1}1- OLC OD<E HWY IU!.1 ,,. . ,. • 11 ... - 12Tlf S1Td!l!1"

(lU) --U.S.1 181!1J no 18 0 GIG ..... a.DDOO!!kWV s. COCJlll'IY UIII! CGI.OROAD !1110 S7:i 1411 • ... - a.o OOl.11! l1WY S. CCIUNT'I' L1l1E OSLOROAD - - .. • -Z5"11!H (l1.l')OOIJ1!11\W OSLOROAD 4'1H81"REE'T IIBD - .. 0 ...

2!!!05: cu,~~7 =.o~ 411'1 ~ s 49 41 • .... D1!1N CU) DIIC1E HWY -- 111Hsml!lff 810 "" 14 11 ... 'IM!IS 01.DDMEMWI' 4TH,mf!£"r lffll lffl&T ... · e1s 12 • 1U .... CIJ)DllQl!ffiW m!BTIE!f 1im<8m!E!" ... l12Z • • 1.1111 - a.0oooe14W\' ,mtS'tRS!I" 1l!l>IST!lil!l" 8111 "11>1 ' 0 101 - Q.l)DOOl!HWY 12TH$1"Rl!m" tl.VBcrrYL ... ""' • 11 .., ~ «.DDDOl!llWV ,,:m,s-m,a;;,- !I.VBCm'L 810 DI • • 1711 ·- 0-1)-HWY S.Y8CQYL 16'1H81'FIEET ... "'2 $ • ... - OU,DIXll'iMWI' S.IIIIICITVI.. 18YHSTAEET IIBD 3l7 • 0 -- ou,OliO& tllW 11ffl1 SfflEl!T G.R.00 850 "'1 .211 11 ... - 01.ll D1X11! HWY 18TH STREET $.!I.Bil 111!4 244 ,e • .... :!Milt 0Lt101)(JENWI' 41$1' S"l'RET' -- NO .... .. 0 Di

2111a. Q.ODIJQl;IIW'f .C:'tST a1'REiET 4.ll"IH- ... , .. IOI • ... ·'" QIJ)DOOl!HV\IV ""1"H8TFIE!!T 4ffH S'ffll!l!!T ... '"' "' • T"4 - 01.DDOOIHWV -- ""1'1i8'111&T ... 1111 .. • .. . -.01.l)DIXEHWY 4111H6ffl15EI" N'THSfflmT ... "'' •• 0 ... - OU)CIIXEHWY ...mti!iml!ET -- ... 110 ,. 0 1171

~ Ql.Dl:>JXltl HWY -- -- - 11'11 10 • T_, - «.DDl>OE HW'f -- -- NO T• ,. 0 m - al)l)OO~- fflHSIAl!ET c.R.,610. llilO 82 ,. • ffl - a.DODCIE:>M'c' -- C-11."10 ... .. 11 • HT

"'"" 27'111""1!Mll!! $.C()UN"IVLINI Cffl.Ol<OAD 1!lllll ... ... • -~101! 271HAVENUI! $. CWN1Y UNI! O!ll.ORO,UI 11l'111 5"C< m • "' ""'°M Z'l'lHAWNUE 0111,0II.QAO 41HS1AEET - <4111 171 0 ... ;Mt,OII "111iAVENUI! OSLORl:W.1 4THSTl'<El!!t - '"" !0$ 0 • IMilllN Jt1"IH AVENUE •'!HlmU!l!T ffllSl"R&T - ™ 120 • , .. - · 27:'fH AWNUE •'IH- B1'l18'1REET ·- ..., ... • ... tM4"'1 "'1H A\IEllUE "11llm'ET <am! ~ - ... ., • --V'IMAVE!<UE ffll SfflR'1" f2lli:m&f _,.,.

"" ••• • 1112 -M iZffl1 I\V1iNUI' U"IHS"ffll!Ef $, VB m'rY L """ 7Sl> :m • m -s fflHAVENllE 1:Z'PismEl!T s.V8Cl'NL 1000 ... , .... • Sl8 - ~AVEl!l.lli! s. VB CITV' L. 1"1"HSffll5151" ,.,. 400 ,. • ... 2-11!08 211H AVENUI! e.ve crN1.. mH l1l"fflUT 1mo .,,,., , .. 0 '!I - :m!IA'il!lllll! 1fflil<llil!IU UOI! 1000 4111 • • ... ,acTO$ %mi AWNIII! 16111 flfflEEI' S.11.l!O , ... 1'i6 "/B 0 .., - :m!IAW!«JE- .$AGO KILANTIC111.IID. 810 4"5 22 • ... - 2ffl1 AVENUE S.R.00 A"IWl110111.VD, "10 ..., il2 0 1141 1115111N 2ml Avea.lE A'1l.ANTICll.VD. AW.TIQN -~vn. 1110 25:1 'Ii 0 '"

ATTACHMENT 3 181

LINK O>l'STRli.ET FR0MS1'Rl3IT 10lmlEET t:.oPAl'ITY EXIST. 111:STl:II PROJECr AVAIL. a,co; 2ffll 4VfffllE Al1.AN11G Bl.llll. IMATION Bl.VO. 1110 1;04 13 0 :!lid

moe ost.o R011D nlDAVI!. UJHNIE.. ll70 :2!14 36 • ... ....W OS!.OltOo\ll ""'~ AVE. liil'l!AIIE. 910 1.., ti • m BfflE ceLO ~ 68111 ""1!. 4RDAVE. .... SOI 1lft1 0 114$

- 01!1.0Ro-!) """'AVE. .~FU)- - '181 us • 19 ZAOE 0S1.0ROAD QRDAYE. 2TfllAVli. - 77S ., 0 ..., .... w OSU'.IRi'.lAD QRQAVE. ,urHJ>M!!. 1 ... 113a 1117 0 11111!1 J!GGOE OEI.OROAD IZITHAVE. -INS. 10S1 .,. , .. 0 1m -=- >nNAVE. MHA\/E. 18'13 847 I&:! • ,u. 2570E OSI.ORO.Ill .20THA\/E. OU:,llll<lEHW\' 19113 !118 21'4 • .... -=- :mTKAVE. Ot.DDl>Cll!NWV 11163 .,.. 192 • Ml! OJ!IIQE CISl.0 R(W) OLO DOGE - Wl.1 ,. - 102 • 111G -=- ()I.D~h"'.W U.$.1' 1:= .... ill< • -"'1DN BJHA\ll!NIJE fTIH,,,_,. .S.VIICl1YL ., 11118 1 • A1 lll!IOS l'!IIA\lli:NUG ffl'Hs-mEET S.VIICl'IYL eeo <481' • • on - ffllA\llltlUE S.VIICITYI.. S.R.tO * ... 1 • Mi -SI\U\IBIUE; $. VIHll'IYL Meo 860 ... • • 4112 U10N 1ml AVENI.II! 11.1\.ID I\Ol'1J. PALM Bl.VD. .,. 11 ~ • m 2710$ 1111HAIIENUE SAIJO -ALPAI.M91.I/D. .,. .. • ''" -· '"™ - ru:IYAL PAWBI.Vtl. 17\'MSTREET ... ... • • ... "7'11111 1Cl"rnAIIINUE ROW'liL PAU• BLVD. 1Trfl 61FET ... ..,. 1 • 41>7 21110N 2iffll AVENUE 081.0R<W:> 4TH IITAS!T ... VI 121 • -211106 Z11'11AWMUE ost.ORO\CI . •™~ ... "" ... • ... - zm.lA\leNUI!. 4l'Hsme!!T il1M ~ .,. - II" a ... - Sfll A\/l!>IIJI; ;rn- 111HSTl1S!T ... ... • 0 117 -_,._

GT!lmu!ET UIMSTIUET #10 - "" • ... _, 201MAWNUI! ml IITRlilff 1ml SfflET '"' 1124 . , • ,a

l8ION zm.lAVliNIIE 121Hll11U!lff 11.VBCITYL 1710 421 .. • '"" --- 1:lnl -$. 1111. Cl'IY I.. 11'10 ail 32 0 .... -.:lffi A\ll!NUe $.V&cm'I. <<fflill<TRm 1l!OO •• ,. • ....., --- B.Vllcm'L. 1GTH $11'11!1!T 111UU ... ao • 11G -llmjAVENUI: 101H smliliT u. .. 1ilQO 384 .. • ·-"""" 2fflotA~UE 14fflts"t11Elff SA.et , ... ~ .. • -- :20'ffl,'Vlii1NUE $1(.00 AMlf110 Bl.VO. $!ill 1113 •• • ... - l>ll1ll AV1l"l1Jl! U.GO ATU\NTIC Bl.VO. ""' , .. "' • ... ---- S.COUNtYUIIE 01!1.0IWJl ... ""' 18$ ii '"' - 43Al)A\fENUE S,<lOUNT'f'-"£ Ofilll'IOAI> ... ml 116 • ...

2111011 4W> A\ll!NUE OSt.OIIQAD 4'1'ttS'm!!!le.'t' - ... "" ii :,q 211108 .ffli0 A\IIINUE ost.(jRu.O -- .... ~114 Im 0 '128 - .aAl)Jl.\ll!NIJIE ...... - 1111i$fREET 10ll> m , .. • "" .. ,os -DAVl!NUi 41M&'l'l<E£T "™ srnl!l!T

,... ... .... • ,m . aalN 4lllRD AVENUii 1'11! smE1!T 12111 sm.eFr 1071 5M "'' • ... - 41IA0 Al/l!MI& sn<- ffll!STREIIT - "' ... 0 117 2'1:1SN 411ADAVENIJE 1:ffl.l Sl'PSET 1~STREET ...,. "" 1ll1 0 ... - -mi,AVl!Nllfl -- -- 1071 ,.. IN • 130 - ...., Alll!NiJe 1D1HSTl&r 41,H.ID 1711& - 1$1 • ... -.eADAVENUE 1flll 8"ffll:1:T 8.R.tlO 1798 77:1 '!ff 0 m - 4RD AIIENUI! S.P.lli) -= - 401 110 • 11IO - -AV&NUE SAIi! l!Ul'HffllUT Im .. ,.. 0 1 .... - 4$RDAVl!NUi :ill'IHSffll!l!T 411/T &ffll!l!T """ ... ... 0 ...

_ATTACHMENT 182

LINK ONSTRB!T FROM STREET roSTREET llAPACllY EXlsr. VESTED PROJECT AV/>JI. :!!MOS '811D AVl!NUt -- •1ST- ll60 •M ''" • :m 2941511 43AD AveN!Jla C1$TS1'RES ffl'l!Sffl!ET 11111 .. , .. • 4l1 ... 11$ 'IWJ ,.\/alllE 4iS't:!l'MS:? "6T" $'fJW!l' - 1111 ae • ... - 48R0A'IEHUE -- 4G'III S'tlffl!T ... ... t1 • eel - 48JIOAV!aNJE "51liSTIW!i 48111Sll'U!Er 860 2lll! "' • m -imH AVl;NtJI;: OSI.OllOJW .rrMSTIU!EI' lll60 ... i2 • •• :,005$ · 5111HAWNUE OSI.OA(IAI) -ITHSl'IIEET 11111> s.. ... • 11'ff

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ATTACHMENT 3 183

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ATTACHMENT 184

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AJTACHMENT 185

roperty, because the new property owner would not be bo pr ises Mr. Brackett made to pave the road.

>

E MOTION WAS CALLED and P, f (6-1). Mr. Chisholm op ed.

ION BY Mr. Bruce, S NDED BY Mr. E cher, the members voted unan usly (7-0) to continue the meeting until 11 :30 p.m.

Chairman Keys read the following into the record:

B. Treviso LLC Rezoning: Request to rezone ±19.48 acres located at the northeast intersection of 16th Street and 7 4th

Avenue, from A-1, Agricultural-1 District (up to 1 unit/5 acres), to RM-8, Multiple-Family Residential District (up to 8 units/acre). Treviso LLC, Owner. Siemon and Larsen, Agent. [Quasi-Judicial]

Ms. Vasilas swore in all those present wishing to speak on this item.

Mr. Carmoney presented the information contained in his memorandum, a copy of which is on file in the Commission Office.

Mr. Charles Siemon, agent, presented the opinions of the owner. He stated he agreed with most of the staff recommendations but asked for the P&Z to consider the rezoning to RM-8, Multiple-Family Residential District (up to 8 units/acre). He provided a lengthy dissertation on his reasons for the request.

Chairman Keys opened the public hearing at 11 :14 p.m. and since no one wished to speak, the public hearing was closed.

P&Z/Approveo • 1 o • February 23, 2006 c,\Documents and Settings\webmaster.ADMIN\Desktop\Min 2-23-06.doc

ATTACHMENT 4 186

ON MOTION BY Mr. Hamner, SECONDED BY Mr. Fletcher, to support staff's position and go with Option #3 to recommend to the Board of County Commissioners to approve the rezoning with a lower density zoning district, such as RM-6, Multiple-Family Residential District (up to 6 units/acre).

Under discussion, Mr. Christopher stated he would be voting· no because of the uncertainties of the roads needing to be built for the projects already approved, the costs involved, and when they would be completed. He continued under those circumstances, any rezoning at this level could not be justified.

Mr. Bruce felt there was a serious incompatibility with the property across 74th Avenue that was RS-1, Single Family Residential District (up to 1 uniVacre). He stated he would support a RS-6, Single Family Residential District (up to 6 units/acre).

THE MOTION WAS CALLED and passed with a vote of (4-3). Mr. Bruce, Mr. Christopher and Chairman Keys opposed.

Chairman Keys stated she voted no because she did not feel it was appropriate for rezoning to RM-6 because there were roads not paved and the County did not own the right-of-way.

hairman Keys read the following into the record:

C.

Mr. Bolin ewed the information contain ... ,...,....,_ ts on file in the Commission Office.

P&Z/Approved - 11 - February 23, 2006 C:IOocuments and Settingslwebmaster AOMIN\Oesktop\Min 2-23-06.doc

ATTACHMENT 4 187

ORDINANCE NO. 2006-__

AN ORDINANCE OF lNDIAN RIVER COUNTY, FLORIDA, Al\1ENDING THE ZONING ORDINANCEANDTHEACCOMPANYINGZONINGMAPFORAPPROXIMATELY19.48ACRES LOCATED AT THE NORTHEAST QUADRANT OF THE IN1ERSECTION OF 16TH STREET AND 74TH A VENUE FROM A-1, AGRICULTURAL-I DISTRlCT (UP TO I UNIT/SACRES), TO RM-6, MULTIPLE-FAMILY RESIDENTIAL DISTRlCT (UP TO 6 UNITS/ACRE); AND PROVIDING CODIFICATION, SEVERABILI'.(Y, AND EFFECTIVE DATE.

WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on

such matters, held a public hearing and subsequently made a recommendation regarding this

rezoning request; and

WHEREAS, the Board of County Commissioners of Indian River Co1mty, Florida, did

publish and send its Notice oflntent to rezone the hereinafter described property; and

WHEREAS, the Board of County Commissioners has determined that this rezoning is in

conformance with the Comprehensive Plan of Indian River County; and

WHEREAS, the Board of Co1mty Commissioners held a public hearing pursuant to this

rezoning request, at which parties in interest and citizens were heard;

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners oflndian

River County, Florida, that the zoning of the following described property situated in Indian River

County, Florida, to-wit:

PARCEL 1: THE WEST 10 ACRES OF TRACT 13, SECTION 6, TOWNSI:IlP 33 SOUTH, RANGE39EAST,ACCORDINGTOTHELASTGENERALPLATOFLANDSOFTHEIND1AN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIECOUNTY,FLORIDA,INPLATBOOK2, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORJDA.

PARCEL 2: THE EAST 9.14 ACRES OF THE WEST 19.14 ACRES OF TRACT 13, SECTION 6, TOWNSI:IlP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMP ANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25;

Page 1 of 4 Attachment 5

188


SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.

PARCEL 3: FROM THE POINT OF BEGINNING AT THE NORTHEAST CORNER OF THE EAST 9.14 ACRES OF THE WEST 19.14 ACRES OF TRACT 13, SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMP ANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, RUN EAST ON THE NORTH BOUNDARY LINE OF SAID TRACT, 13, A DISTANCE OF 9 FEET; THENCE RUN SOUTHERLY PARALLEL TO THE WEST BOUNDARY LINE OF TRACT 13, A DISTANCE OF 1320 FEET MORE OR LESS TO A POINT ON THE SOUTH BOUNDARY LINE OF SAID TRACT 13; THENCE RUN WEST ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT 13,ADISTANCEOF9FEET; AND THENCE RUN NORTHERLY PARALLEL TO THE WEST BOUNDARY LINE OF SAID TRACT 13, A DISTANCE OF 1320 FEET MORE OR LESS TO THE POINT OF BEGINNING, LESS CANAL AND OTHER RIGHTS OF WAY SHOWN ON SAID PLAT.

PARCEL 4: THAT PORTION OF LAND IN TRACT 13, SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST OF THE INDIAN RIVER FARMS COMP ANY ACCORDING TO THE LAST GENERAL PLAT THEREOF FILED IN PLAT BOOK 2, PAGE 25 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID TRACT 13, RUN EASTERLY 635.70 FEET ON THE SOUTH LINE OF SECTION 6 TO A POINT, (SAID SOUTH LINE BEING THE SOUTH LINE OF TRACT 13, AND ALSO BEING THE CENTER LINE OF A 60 FOOT RIGHT-OF-WAY NOW KNOWN AS ROSEWOOD ROAD), SAID POINT BEING THE SOUTHEAST CORNER OF THE LAND DEEDED TO CATO BY QUIT-CLAIM DEED FILED IN OFFICIAL RECORD BOOK 164, PAGE 200, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE ON A DEFLECTION ANGLE OF 89 DEGREES 37 MINUTES 20 SECONDS TO THE LEFT, RUN NORTHERLY 30 FEET ON THE EAST BOUNDARY OF THAT SAID LAND DEEDED TO CATO (SAID EAST BOUNDARY BEING PARALLEL TO THE WEST BOUNDARY OF SECTION 6) TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY OF SAID ROSEWOOD ROAD, AND THE TRUE POINT OF BEGINNING; THENCE, CONTINUE ON SAID LINE PARALLEL TO THE WEST BOUNDARY OF SECTION 6, A DISTANCE OF 1300.10 FEET TO AN INTERSECTION WITH THE NORTH LINE OF TRACT 13, SAID INTERSECTION BEING THE NORTHEAST CORNER OF THAT LAND DEEDED TO CATO; THENCE, ON A DEFLECTION ANGLE OF 89 DEGREES 41 MINUTES 33 SECONDS TO THE RIGHT, RUN EASTERLY 116.27 FEET ON SAID NORTH LINE OF TRACT 13; THENCE ON A DEFLECTION ANGLE OF 90 DEGREES 13 MINUTES 57 SECONDS TO THE RIGHT, RUN SOUTHERLY 1299.94 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ROSEWOOD ROAD; THENCE ON A

Page2 of4 Attnehment 5

189


DEFLECTION ANGLE OF 89 DEGREES 41 MINUTES SO SECONDS TO THE RlGHT RUN WESTERLY 118.02 FEET ON SAID NORTH RlGHT-OF-WA Y OF ROSEWOOD ROAD TO THE TRUE POINT OF BEGINNING.

ALL ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RlVER FARMS COJ\1PANY RECORDED IN PLAT BOOK 2, PAGE 25 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORlDA; SAID LAND NOW LYING AND BEING IN INDIANRlVER COUNTY, FLORlDA

SUBJECT TO EASEMENTS, RESERVATIONS, RESTRlCTIONS AND RlGHTS-OF• WAY OF RECORD.

SAID PARCEL CONTAINING 19.48 ACRES MORE OR LESS

is changed from A-1, Agricultural-1 District (up to 1 unit/5 acres), to RM-6, Multiple Family Residential District (up to 6 units/acre).

All with the meaning and intent as set forth and described in said Land Development Regulations.

This ordinance shall become effective upon filing with the Department of State.

Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 11th day of April, 2006.

This ordinance was advertised in the Press-Journal on the __ day of March, 2006, for a public hearing to be held on the 11 th day of April, 2006, at which time it was moved for adoption by Commissioner ______ _, seconded by Commissioner _____ __, and adopted by the following vote:

Arthur R. Neuberger, Chairman Gary C. Wheeler, Vice Chairman Wesley S. Davis, Commissioner Thomas S. Lowther, Commissioner Sandra L. Bowden, Commissioner

BOARD OF.COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

BY: ____________ _

Arthur R. Neuberger, Chaixman

Page3 of 4 Attachment 5

190


ATTEST BY: _______ _ Jeffrey K. Barton, Clerk

This ordin~ce was filed with the Department of State on the following date: _______ _

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

William G. Collins II, County Attorney

APPROVED AS TO PLANNING MATTERS

pment Director

F:\Communit:y Di;vclopmen\Usets\LONG RANGBRzon\Trc:viso\Ord.inance.doc

Page 4 of 4 Attachment 5

191

SIEMON & LARSEN, P.A.

Mizner Park 433 Plaza Real, Suite 339, Boca Raton, Florida 33432 Telephone (561) 368-3808 • Facsimile (561) 368-4008

E-Mail • [email protected]

William G. Collins, II County Attorney Indian River County 1840 25th Street Vero Beach, Florida 32960

R.E: Treviso rezoning request

Dear Mr. Collins,

March 31, 2006

MAR 3 1 2006

Enclosed please find a statement of evidence in support of our client's (Treviso, LLC) request for a rezoning (REZON 20060188-52490). We submit this statement in advance of our scheduled meeting with the Board of County Commissioners on April 11, 2006.

Thank you in advance for your attention.

Sincerely,

Charles Siemon

enclosures

ATTACHMENT 6 192

Evidentlary Statement in Suppol't Of Application for Rezoning

REZON 20060188-52490

by Charles L. Siemon

Siemon & Larsen, P.A. Planning and Planning Law Consultants

Treviso, LLC ("Treviso"), owner of 19 .48 acres of land located at 7316 16'1' Street ("Subject Property"), has applied for a rezoning of the property from A-1 to RM-8, Residential Medium. The property is located within the County's urban service area and is designated M-1 on the Future Land. Use Map of the County's Comprehensive Plari.

Coyn!J: Staff Report and Recommendation

The County's professional staff reviewed the application for rezoning and analyzed the application with regard to the following considerations:

• impact on public facilities; • consistency with the county's comprehensive plan; • compatibility with the surrounding area; and • potential impact on environmental quality.

Impact on Public Facilities

With regard to the impact of the proposed rezoning on public facilities, County staff found that the property was located within the County's designated urban service boundary and was served by adequate public facilities:

ATTAt:I-IMl=NT L. 193

Based upon the analysis conducted, staff has determined that all concu"ency-mandatedfacilities, including stormwater management, roads, solid waste, recreation, water, andwastewater, have adequate capacity to accommodate the most intense use of the subject property under the proposed zoning district. Therefore, the concurrency test has been satisfied for the subject request. - Staff report

Consistency with the County's Compl'ehensive Plan

With regard to consistency with the County's Comprehensive Plan, County staff reviewed the proposed rezoning in the context of pertinent elements of the Plan including Objective 1 (compact land use pattern), Policy 1.13 (residential density and urban services) and Policy 2.2 (direct growth into the urban service area) and found that the proposed rezoning was consistent with the County's Comprehensive Plan.

As part of its consistency analysis, staff compared the proposed request to all applicable objectives and policies in the plan and found no conflicts. Therefore, staff's position is that the request is consistent with the comprehensive plan. Staff report

CompatibHity with the Su,rounding Area

With regard to compatibility with the surrounding area, the County's professional staff determined that the proposed RM-8 would not be compatible with development in the surrounding area and that RM-6, a lower density district, would be more appropriate. According to st.aft" s analysis this portion of the County has historically been developed at lower demities (pointing specifically to the Westlake Estates subdivision which has an RS-1 zoning designation) and that 8 units to the acre would be incompatible with the existing development adjacent to the property.

Potential Impact on Environmental Quality

With regard to potential impact on environmental quality, the professional staff determined that the property which is proposed to be rezoned has been previously altered and used for agricultural purposes and that the proposed rezoning would not create the potential for an adverse impact on environmental quality.

The subject property is an altered site that had been used for residential and agricultural uses. Since the subject property contains no environmentally important land, such as wetlands or sensitive uplands, development of the site is anticipated to have little or no impact on environmental quality. For this reason, .no adverse environmental impacts associated with this request are anticipated - Staff report

ATTACHMENT 194

Applicant's Evidence

Treviso agrees with staff's assessment of concurrency, comprehensive plan consistency and environmental impact and submit that their report and recommendation is supported by competent substantial evidence. In contrast, Treviso respectfully submits that County staff's compatibility analysis is not supported by the comprehensive plan, the provisions governing applications for rezoning or the factual evidence relating to the existing pattern of development in the SR 60 Corridor.

''Compatibility" Does Not Mea_n Likeness

Treviso respectfully submits that the proposed RM-8 zoning classification is compatible with the area in which the Subject Property is located. That is so for a number of reasons.

First, the area surrounding the Subject Property is not simply the adjacent properties. The Subject Property is located within an urban service area and within the SR 60 Corridor that is diverse and contains a variety of housing types and densities. The County's land development regulations and Comprehensive Plan long ago abandoned the segregated patterns of development generated by Euclidean zoning.

Indian River County will have a diverse mix of land uses, development patterns, housing densities, and housing types. By 20 I 0, thirty percent of the County's housing units will be in multiple-family or traditional neighborhood design projects. - Objective 5 of the Future Land Use Element of the Comprehensive Plan

Just t.o the west of the Subject Property is the TND-style (Traditional Neighborhood Development) development, Pointe West, with a range of housing types and densities which belie the notion that a mix of housing types and densities can not be compatible. In fact, the higher density portions of Pointe West (the townhomes) are located closer to the Westlake Estates subdivision than to the Subject Property. The Subject Property is about 950 feet and 2,100 feet away from the two different areas of townhomes within Pointe West and the Westlake Estates subdivision approximately 60 feet and 700 feet, respectively, away from the two different townhome areas in Pointe West.

ATTAl'!f.lU&:UT 195

PIP. ~, A) ,.

I

Second, the difference between RM•S and RM-6 from a community character perspective is undetectable. The units developed in either district will look the same and as long as adequate public facilities are available to serve the additional 2 units to the acre (as is the case with the Subject Property) the impacts of units is indistinguishable. Indeed, depending on the size of the average unit ( the fewer the units the more likely the developer will build bigger units) the building mass of 6 units to the acre may exceed the building mass of8 units to the acre (6 units to the acre with an average of 1,850 square feet generates more building mass tllan 8 units to the acre with an average of 1,250 square feet). The reality is that if a street were lined with several to'Wl'lhouse projects, some with a density of 6 units to the acre and some with 8 units to the acre, it would be practically impossible to tell one from the other. ·

Moreover, the word compatiple does not, as suggested in tlle Staff's report and recommendation mean likeness of similar. In fact, compatible is defined in the Merriam-Webster Dictionary as "capable of existing together in harmony." To suggest that RM-8 can not fit into the mosaic pattern of housing types and densities which are found in tlle area defies the reality that differences in density of2 units to the acre is the norm in the SR 60 Corridor, instead of the exception identified by Staff. .

Treviso submits that while density is a consideration, there are many other more important considerations which determine wether a particular land use can exist in harmony with other land uses and tllat with regard to these other considerations - e.g. design, size of units, amenities, landscaping and materials there is no evidence which supports Staff's finding that RM•8 is incompatible with existing development. ·

Finally, Treviso respectfully submits that recent practices are interesting but do not trump Comprehensive Plan policies or the provisions of the County's land development regulations. There is not one word in the County's Comprehensive Plan that states that densities should be "feathered" near the boundaries of the Urban Service Area; and in fact the plain words of the Comprehensive Plan establish the opposite condition - more intense, multifamily development should be guided to the urban service area without regard to proximity to its boundary. Urban service areas are not land use categories, they are the foundation of a fiscally responsible capital facilities program and the efficient use of available facilities is critical to avoiding urban sprawl. In point of fact, for every square mile ofland in the urban service area which is underdeveloped by 2 units per acre in terms of planned densities and available services, another 1/3'0 of a square mile which is CUlTently not planned for urban services will have to be provided with urban services.

The singular failure of growth management during the last thirty years has been the inefficient use of land as a result of the under-development of areas which have been planned for urban densities and provided with fjJll Ul'ban services - the costs of sprawl. The consequences of this failure are manifest in most parts of Florida and the Nation and will inevitably impact Indian River County:

• units which are not accommodated within an urban service area because of concerns about density eyentually result in additional land devoted to exurban development or suburban sprawl

ATTACHMENT I,. 196

• underdevelopment of land within in the urban services boundary results in less efficient land use patterns and negative fiscal impacts

• tra!lllitional densities between land uses makes sense, however, the concept should not be applied to an urban services boundary which is more than a dividing line between different land use patterns

• the underlying premise of an urban service boundary is to make efficient use of public infrastructure and to relieve pressure for development outside of the urban service area

• underutilizing the land is in fact inconsistent with the county's· comprehensive

• while a difference of39 units may seem trivial - on a macro scale the impacts are significant

• lower density means higher housing costs per unit which means less housing cost diversity which will eventually lead to an imbalance between household income and housing cost

• the more development that can be accommodated within the urban services area, the less demand there is to convert land beyond the urban service

boundary to urban use - every little bit helps!

Standard of Review

Treviso has carefully examined the provisions of section 902.12 of the County's Land Development Regulations which govemreview and approval of requests for rezoning and respectfully submits that the "compatibility" standard applied by the County's professional staff is not among the considerations identified in subsection Standards of Review. Section 902.12(3) contains eleven specific considerations to be used by the Board of Planning and Zoning and the Board of County Commissioners when reviewing an application for rezoning:

(a) Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations;

(b) Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan;

(c) Whether or not the proposed amendment is consistent with existing and proposed land uses;

( d) Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan;

ATTACHMENT 6 197

(e) Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below level adopted in the comprehensive plan;

(f) Whether or not there have been changed conditions which would warrant an amendment;

(g) Whether or not the proposed amendment would decrease the level of service established in the comprehel'.).sive plan for sanitary sewer, potable water, solid waste, drainage, and recreation;

(h) Whether or not the proposed amendment would result in significant adverse impacts on the natural environment;

(i) Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern;

G) Whether or not the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of the land development regulations; as well as

(k) Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services.

Treviso respectfully submits that the words "compatible" or "compatibility" are not used in the text of any of the listed considerations.

Treviso respectfully submits that only considerations listed in subsections 902.12(3) which in any way relate to the surrounding area analysis conducted by. the County's professional staff are subsections (c) and (i) which require consideration of:

(c) Whether or not the proposed amendment is consistent with existing and proposed land uses;

(i) Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern.

ATTACHMENT 198


MEMORANDUM


.J.._..,ad".'.1~~-ttt-,L,,f,~~~ftt4-,., Robert M. Keating, Community Development

FROM: Sasan Rohani, AICP ~ '/{• Chief, Long-Range Planning

DATE: April 3, 2006

Public Hearing LDR Amendment (Legislative)

SUBJECT: Consideration of Proposed Proportionate Fair Share Ordinance Amendments to LDR Chapter 910, Concurrency Management System

It is requested that the data herein presented be given formal consideration by 1he Board of CoW1ty Commissioners at its meeting of April 11, 2006.

BACKGROUND

• Indian River County's Concurrency Management System

Florida Statutes Chapter 163 requires local governments to have a concurrency management system to generally ensure " ... that public facilities and services needed to support development shall be available concurrent wi1h 1he impacts of such development". In accordance with FS 163, Indian River CoW1ty has had a concurrency management system (CMS) in place since 1990. While the system is generally addressed in the Capital Improvements Element and the Water and Sewer Sub-elements of the Comprehensive Plan, the CMS is specifically established through LOR Chapter 910, Concurrency Management System. As structured, the CMS tracks the supply (capacity), demand, and levels of service for roads, potable water, sanitary sewer, solid waste, drainage, and parks. Overall, the regulations of Chapter 910 address issues of vesting, types ofboncurrencyreview, timing of impact fee payment, and other aspects of administering concurrency.

'

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Since 1990, the Chapter 910 regulations have been changed a few times. These changes relate primarily to when a developer is required to pay impact fees and when a developer is required to vest (reserve) capacity for his development project. These vesting issues continue to be discussed, and will be reviewed by the PSAC, Planning and Zoning Commission, and the Board of County Commissioners at future meetings.

In the 2005 legislative session, Senate Bill 360 (SB 360) was adopted. That bill addressed many growth management issues (see attachment #1), including the principle of proportionate fair share mitigation for transportation concurrency impacts. Along with various other mandates, the law requires that all local governments amend their concurrency management ordinances to allow for proportionate fair share mitigation on deficient roadway segments.

According to SB 360, local governments must adopt proportion.ate fair share ordinances by December 1, 2006. The law also directed the Florida Department of Transportation (FDOT) to develop a model proportionate fair share ordinance by December 1, 2005. That model ordinance is available for local governments to use. A Copy of the model ordinance is attached to this staff report.

Using the model ordinance and existing concurrency regulations, staff has developed a proportionate fair share ordinance for Indian River County. Adopting the ordinance will satisfy the county's obligation under SB 360 and provide a mechanism that can be used to resolve some concurrency and infrastructure problems. At this time, the Board of County Commissioners is to consider the proposed ordinance and is to adopt, adopt with changes, or reject the ordinance.

On January 19, 2006, the Professional Services Advisory Committee voted 6 to Oto recommend that the Board of County Commissioners approve the proposed revisions to Chapter 910, Concurrency Management System. (See Attachment #2).

Then on March 3, 2006, a proportionate fair share ordinance public workshop meeting was held. During that workshop meeting, there was considerable discussion regarding the proposed ordinance among board members, planning commissioners and the public. Based on workshop comments, changes were made to the draft ordinance.

Subsequent to the workshop, the draft ordinance was presented to the Planning and Zoning Commission (PZC). At its March 9, 2006 meeting, the PZC voted 5 to 1 to recommend that the Board of County Commissioners adopt the proposed LDR amendments to Chapter 910, Concurrency Management System.

ANALYSIS

As required by SB 360, FDOT developed a model proportionate fair share mitigation ordinance. Consistent with SB 360, the state's proportionate fair share ordinance allows developers to satisfy project transportation concurrency requirements through proportionate fair share mitigation under certain conditions. As structured, the proposed changes to LDR Chapter 910 generally follow the FDOT model ordinance.

Some of the major components ofthe proposed proportionate fair share changes to Chapter 910 include:

F' :\Community Dcvclopment\Uscrs\VICKIE\SAS.AN\Proposcd LOR. Chapter 910 Concurrencybccaprill l-06.doc 2 200

• In order to use the proportionate fair share allowance, a developer whose project will impact a deficient roadway segment must enter into an agreement to pay his proportionate fair share of the cost of an improvement project to correct the. deficient segment.

• The proportionate fair share program may be used only if the needed improvement project is included in the county's 5-year schedule of capital improvements, or is to be added to the 5 year C!P in the next CIE update.

• The proportionate fair share mitigation amount will be calculated based on the project's impact on deficient roadway segments and the cost of the roadway expansion improvements needed to bring the roadway segments to the adopted level of service standard. The amount of the project's transportation impact fee liabilities attributed to the roadways subject to the proportionate fair share agreement shall be applied as a credit toward the proportionate fair share payment.

• Approval of a proportionate fair share agreement will vest the project's trips on all impacted links, even if the current pending ordinance is still in effect.

While SB 360 requires each local government in the state to adopt a proportionate fair share ordinance by December 1, 2006, SB 360 makes some of the proportionate fair share components discretionary by the local government. One such discretionary proportionate fair share component is that, even if the funds allocated for a local government's five year schedule of capital improvements are insufficient to fully fund construction of a transportation improvement required by the concurrency management system, the local government may still enter into a proportionate fair share agreement with the applicant if the proportionate fair share amount is sufficient to pay for one or more improvements which will, in the opinion of the local government, significantly benefit the impacted transportation system. This provision is not included in the county's draft ordinance. The reason that the referenced provision is not included in the draft ordinance is that the provision would allow a project to proceed even if the project would impact a deficient link with no provisions for the deficient link to be improved in the future. It is staffs opinion that such an alternative is not consistent with the county's concurrency policy.

To incorporate the proportionate fair share mitigation program into the county's concurrency management system, section 910.09(4)(a) of the LDR.s must be. amended, and a new section 910.12 must be added. Also, section 910.09(4)(a) of the county LDRs must be changed to make this section consistent with the recently adopted comprehensive plan Capital Improvements Element.

The proposed ordinance establishes a review process for proportionate fair share applications and indicates that an application fee will be established by a resolution. Recently, staff coordinated with all appropriate reviewing departments and prepared a cost estimate for processing proportionate fair share applications as well as preparing and executing proportionate fair share agreements. Based upon its analysis, staffhas computed a proportionate fair share application fee. That fee amount is incorporated in the attached fee resolution.

On the attached draft of the proposed amendments to Chapter 910, additions are shown as bold underline, and deletions are shown as stril~e thrac.

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RECOMMENDATION

Based on the analysis conducted, staff recommends that the Board of County Commissioners adopt the proposed LDR amendments to Chapter 910, Concurrency Management System, and the attached

· resolution establishing an application fee for proportionate fair share agreements.

ATTACHMENTS:

1. Summary of SB 360 2. Minutes from the January 19, 2006 PSAC meeting 3. Minutes of the March 9, 2006, meeting of the Planning ,and Zoning Commission 4. Proposed Chapter 910 Amendments Ordinance 5 • Resolution establishing proportionate fair share application fee 6 • FDOT's Model Ordinance for Proportionate Fair-Share Mitigation of Development Impacts

on Transportation Corridors

Indian Riv~r co. Admin.

Legal

Budget

Dept.

Risk Mgr.

Approved Agenda Item:

For: Quit 1/4,ilO(){::,

""~••p-h~ &,_.J

Approved Date

F;\CQmrrtunity Dev~lopmen'tUsers\VICKIESASAN\Proposed LDR Chapter 910 Concurrencybccapril l-D6.doc

S~ 3W

A Pay As 1( ou,Orow Pt.an .. Fo,r Flo·r1da s Future

SCHOOLS

Requires school concurrency by December 2008. Currently, school concurrency is optional and is only implemented by Palm Beach County. ·

·Local governments that fail to implement school concurref\CY are prohibited from adopting plan am·•ndments th1,tt increase resid•ntial density. .

Allows waivers for smaller, lesser-impacted counties and municipaliti•s,

The local government and school board Jointly establish a level of s•rvice standard. Concurrency is required initially at districtwide l•vels. Within 5 years application must be less than districtwide level. ·

School facilities must be in place or under construction within 3 years following approval of an application for site plan or final subdivision.

·Allows for proportionate share mitigation by developers,

Provides $113.4 million for fiscal year 2005--06 to fund school construction and $75 million thereafter.

TRANSPORTATION

Changes the 3-year and 5-year ti:ansportation concurrency definition to three ye.rs ftom approval of building p:ennit.

'.transportation concunency exception areas must be examined and refined to adequately address mobility within the defined area - typically urban infill and downtciWn revitalization areas.

Strengthens protection ofth• Strategic Intermodal System (SIS) within a transportation concurrency exception area and other exception areas.

DOT will establish level of s_ervicestendards for SIS and regional roads funded by a new Transportation Regional Incentive Grant Program.

Allows for proportionate fair share mitigation by developers .

. Provides $U bi\}iori for !is.cal year 2005--06 to fund priority transportation pwjects and $541.7 million thereafter.

WATER Better coordinates local government water supply plans with water management distri<,ts' regionru Wllt•r supply plans.

Establishes a closer link between water supply and development decisions by requ.iring adequate water supplies . no later tha11 certificate of occupancy.

Additionally, SB 444, an act relating to water resource prote~on and sustainability, provides for alternative water supply development funding, more comprehensive regional water supply plans and enhanced conswnptive ·uae permitting.

Provides $200 million for fiscal year 2005-06 to fund priority water project$ and $100 million thereafter.

203

CAPITAL IMfROVEMENTS ELEMENT

Must be updated annually to reliect planned capital projects and projected revenues to meet levei of service standards.

Must be financially feasible,

Must be reviewed by DCA for comJ?liance.

Plan map amendments are prohibited if Capital Improvements Element is not in annually updated and submitted to DCA for raview,

REGULATORY RELmF

Comprehensive plan amendment p~ocess iutrean1lined.and greater llexibility is provided in approved urban service ' bowidaries, urban infill and redevelopment areas, rural land stewaidship areas an.din areas declared rural areas of critical economic concern.

Comprehensive plan amendments related to the construction of certain affordable housing units are streamlined.

Amendments that change reaid•ntial development but do .not increase density can be accomplished wider small-scale amendment changes.

Relief from Development of Regional Impact Revi.ew is provided in approved w:ban sezyice boundaries, urban infill and . redevelopment areas, and rural land stewardship areas if mitigation of impacts on state and regional transpotUtion facilities i• addressed through a binding agreement with adjacent jurisdictions.

COMMISSIONS AND STUDIES

. Century Commission for a Sustainable Florida -i:to.ndinq; hcdycfl5 members

Envision and plan Florida's future with an eye towards both 25-year and 50•year horizons and an emphasis on identifying eicemplary community-building ideas

Develop and recommend policies: plans, action steps and strategies to assist in achieving the vision of thoughtful growth

Address increasing population while maintaining the natural, historical, co.ltural and manmade qualities that comprise Florida

Focus on essential state interests

Requ.ires the Commission .. to prepare an onriual report with findings and recommendations for the Governor and Legislature. The Legislature is directed to create a select committee to review the report,

Requ.ires DCA to provide Commission staffing

Florida Im,pact Fee Review Task Force -16 member badyi report due Febrqary 2006

Survey and review current use of hnpact fees

Recommend if statutory direction is needed on methodology, p.aymep;ts, accounting, and other issues relati~g to impocctfees

Regfonal Boundary Study- OPPAGA report due January 15, 2006

Recommend adj11Stments to boundaries of the regional planning councils, wat~r management districts, and the Department of Transportation districts to be more coternunous

. AffACHME'NT 204


There was a meeting of the Professional Services Advisory Committee (PSAC) on Thursday, January 19, 2006 at 12:15 p.m. in the First Floor Conference Room "A" of the County Administration Building, 1840 25th Street, Vero Beach, Florida.

· Present were Chairman Peter Robinson, De~ent Appointee; Vice Chairman Warren Dill, Law Appointee; Ken QJ!TJdens, Environmental Issues Appointee; Rodney Paradise, Real Est _ r Appointee; John Blum, Civil Engineer Appointee; Alan Sc 01'/ner, eral Contractor . Appointee; Stephen Moler, Engineer Appo' rhd

Absent were George Kulcz~Fore~r, Biolo~otanist, Horticulturalist, or Arborist Appointee; fflli. S~ EngineetF~ppointee; Robert Gaskill, Architect Appointee; Robert Bi/l!ii!kett, Finance and Business Appointee; Frank Johnson, ~gineer/Surve'9ffi:~ Alternate; Mark Scott, Small Busine_ss Owner Alternat-·El._Robert ~..e, Jr., Finance and Business Appointee Alternate (all'\i<c · y

Also present DeBraal, Assista Michael Zito, Director; Bob Keat1 Environm C Planni D Jo

:-

aunty Attorney; William seph aird, County Administrator;

unty Ad trator; Stan Boling, Planning ·t De _ pment Director; Roland DeBlois,

· Chief; Sasan Rohani, Long Range asilas, Staff Assistant IV. Others present:

Bi - ii!ft'dslee, Growth Awareness Committee ves; Na Ofgift, Treasure Coast Builders Association

represe J; Penni5 Chandler, Indian _River County Chamber of Commerce ~sentaJJte; Attorney Bruce Barkett, interested citizen; David Ederer, Devel• ~andala Club; and Henry Stephens, Press Journal.

Call To Order ;=-Chairman Robinson called the meeting to order.

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ATTACHMfri() 5j~

B. Adoption of a Proportionate Share Ordinance

Mr. Keating reported last year when the State Legislature met, they passed Senate Bill 360 which was the Growth Management Legislation. He added this legislation made several changes which established a requirement for government to do more concurrency including school. concurrency.

Mr. Keating related Senate Bill 360 r.tr:d' that all local governments by December 1, 2006, adopt a Pr~I Share Ordinance. · That bill required the Department of TransQo~tion ~T) to develop a model Proportional Share Ordinance by D~"'er 1, 2~- He explained beneficiaries of Proportionate Shar~4:>rdinance were! !i 1::tt,ose local governments in the state that did not)if"e traff~mpact fee~ad very low impact fees. ; -- . _? -

Mr. Blum left the meeting~j:15 p.m. -:--

Mr. Keating stated a draft rdinance was being written which was based on the o eloped. He gave the major components · portion hare inance as follows:

• In .drlfa. to Ji the pr~.,Jliona;e fair share allowance, a developeE::Wh o·ect ~uld impact a deficient roadway

nt md.en . ·~ agreement to pay his proportionate _- aI of ll&.cost of-an improvement project to correct the

_ _ deficie~mefiP.!=_,-'

. .--=-:_lii?roportio~ sl:e may be used only if the needed -; . ovemel)! project was included in the county's 5-year

• sc le.I capital improvements.

Propoffionate fair share. mitigation amount would be calculated based 9n the project's impact on deficient roadway segments and cost of roadway expansion improvements to bring roadway segments to the adopted level of service standards. Amount paid through proportionate fair share mitigation should be applied as a credit toward the project's transportation impact fee liabilities.

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206

• The proportionate fair share mitigation program provided a method by which the impacts of development on transportation facilities could be mitigated by the cooperative efforts of the public and private sectors.

Mr. Keating stated the formula used for calculating proportionate share was the cumulative number of peak hour, peak direction trips from the complete build-out of the stage or phase bein oved, that were assigned to the proportionate share program nf' divided by the change in the peak hour maximum service v _ the proportionate share program segment resulting from con1t~ion _ e proportionate share program improvement, multiplied by - _ nstructi~st, at the time of developer payment, of the improv nt necessary to=maintain the adopted Level of Service. · \:.. ·

- ~-Chairman Paradise asked if staff sa~ed~ the ordinance. Mr.

Keating replied in the affirmativ~ -====-

. A lengthy discussion was~~ affect the developers. -

the changes would

doption &{ the ordinance affected the payment spondedl;iJi:le negative.

Mr. gave the;;::a-eve =

Bai _:_ ~~inistrator, related this ordinance nor• tool to help solve a problem.

~..:;

ating rep%d ai~s must still meet concurrency .

._ MOTIi B; Mr. Moler, SECONDED BY Mr. R _§q_l}f'the members voted unanimously (6-0) t64iocommend to the Board of County Commissioners the adoption of the Proportionate Share Ordinance as presented.

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207

PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (P&Z) on Thursday, March 9, 2006, at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1840 25th

Street, Vero Beach, Florida.

Present were members: Chairman Donna Keys, District 1 Appointee; George Hamner and George Gross, Members-at-Large; Craig Fletcher, District 3 Appointee; Scott Chisholm, District 4 Appointee; and George Christopher, District 5 Appointee.

Absent were members: Vice Chairman Bob Bruce, District 2 Appointee and Ann Reuter, Non-voting School Board Liaison (both excused).

Also present were IRC staff: Bill DeBraal, Assistant County Attorney; Joseph Baird, County Administrator; Bob Keating, Community Development Director; Stan Boling, Planning Director; Sasan Rohani, · Long-Range Planning Chief; and Darcy Vasilas, Staff Assistant IV.

Call to Order and Pledge of Allegiance

Chairman Keys called the meeting to order and led all in the Pledge of Allegiance. ·

Approval of Minutes

ON MOTION BY Mr. Fletcher, SECONDED BY Mr. Hamner, the members voted unanimously (6-0) to approve the February 23, 2006 minutes as presented.

Public Hearings


A. [Continued Item] Consideration of Proposed Amendment to Land Development Regulations (LOR) Sections 911.09(4) and 971.41(10)(b): Allowing Single-Family Dwellings and

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ATTACHMENT 3 208

Ms. Nancy Offutt, representing Treasure cast Builders Association, opined the sign were just another bureaucr c layer to get through.

Discussion w held regarding t option of giving the sign posting an 18 month trial per d and re-eval ting the effectiveness of the signs at that time.

public hearing at 7:28 p.m .

. Christopher, SECONDED BY mbers voted unanimously

(6-0) to prove th proposed amendment to Chapter. 913 and 91 , Posted Sign Notice for Conv tional Develo ent Projects, as pres nted.

Chair n Keys read the following into

C. Consideration of Proportionate Fair Share Ordinance and Proposed Amendments to LOR Chapter 910, Concurrency Management System.

Mr. Keating reviewed the information contained in his memorandum, and gave a lengthy overview of his PowerPoint presentation; copies of both are on file in the Commission Office.

Mr. Keating reported the requirements of Senate Bill 360 (SB 360) were as follows:

• "It is the intent of the Legislature to provide a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors.I'

• "By December 1, 2006, each local government shall adopt by ordinance a methodology for assessing proportionate share mitigation options."

Mr. Keating highlighted the Proportionate Share Concept as follows:

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209

' • Proposed development project impacts deficient link.

• Project could not go forward until link was committed for improvement

• Project applicant proposed to pay his proportionate share of improvement cost.

• Board of County Commissioners (BCC) approved proportionate share agreement and development project was vested.

Mr. Keating explained the draft Proportionate Share Ordinance provisions included:

• Consistent with SB 360.

• Does not include some SB 360 optional provisions.

• Was based on Florida Department of Transportation model ordinance.

• Structured as part of Chapter 910 of the Land Development Regulations.

• Applied only to development projects.

• Does not apply to Developments of Regional Impact.

• Required applicant to submit application to the County.

He continued with the provisions for improvement projects as:

• Must mitigate development project's concurrency problem.

• Must be in financially feasible Five Year Capital Improvement Plan (CIP).

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210

• If not in GIP, the BCC may commit to add improvement project to GIP in the next regular amendment cycle.

Mr. Keating reported upon payment of the proportionate share contribution, all development project trips would vest with a Conditional Concurrency. Impact Valid for Five Years (CCl5) concurrency certificate or its equivalent. He continued the Proportional Share Ordinance Provisions Impact Fee Credit was as follows:

"Proportionate share mitigation shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair share mitigation was used to address the same capital infrastructure improvements contemplated by the local government's impact fee ordinance."

Mr. Christopher thanked County Administrator, Joseph Baird, for arranging the joint.workshop with the BCC and P&Z on Friday, March 3, 2006 to discuss the Proportionate Fair Share Ordinance.

A lengthy discussion ensued regarding the methods used by Mr. Keating for performing the traffic calculations on his PowerPoint presentation.

Mr. Christopher inquired at what stage an applicant could apply for proportionate share. Mr. Keating responded an applicant could apply at any time he was subject to the concurrency test and failed it, which could be at Comprehensive Plan Amendment, rezoning, and preliminary plat time.

Mr. Hamner asked about zoning issues when the. County rezoned land without a request. Mr. Keating responded the County had to meet concurrency rules just like anyone else.

Mr. Fletcher asked if the ordinance would cover all municipalities in IRC or just the unincorporated area of the County. Mr. Keating replied it would be just for the unincorporated areas of IRC because all of the municipalities would have to adopt a Proportionate Fair Share Ordinance for their jurisdictions by December 1, 2006.

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A lengthy discussion· took place regarding when capacity was available.

Attorney DeBraal asked when payment was made for the proportionate share: Mr. Baird responded the proportionate share would not be executed until the payment was made. Mr. Keating added the effective date would be at the time the developer needed it. ·

Chairman Keys asked for clarification on the 10-year financial feasibility reference made to funding improvements. Mr. Keating explained if a developer came in and wanted to do proportionate share and the roadway improvement project was not on the Five Year CIP, the BCC could put it on the CIP but it did not need to be within the first five years of the project. He added if the revenue was going to come in after the first five years, the BCC could put it in during year seven or eight, and potentially push a project out into a 10-year CIP.

Chairman Keys asked if there was a way to take out this optional provision. Attorney DeBraal felt that would not be advisable because it provided an additional tool the BCC would have at its disposal.

Mr. Baird added it was a tool to be used by local government to help get roads done. He continued it added some flexibility and an opportunity to work with a developer to get road projects completed as soon as possible to accommodate the traffic.

A lengthy discussion ensued regarding the various interpretations of the 1 o~year financial feasibility reference.

Chairman Keys asked if the wording could be made clearer. Attorney DeBraal responded in the affirmative.

Chairman Keys opened the public hearing at 9:03 p.m.

Mr. Joseph Paladin, President of the Growth Awareness Committee, felt SB 360 affected IRC less than any other county in the state of Florida. He continued Mr. Keating had taken a conservative approach to compiling the optional statements because of the. way IRC had been built up until now. He added SB 360 provided IRC another method to use to get roads · built.

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Mr. Paladin opined every detail could not be micromanaged and some confidence had to be given to staff on how things were managed. He felt the option should be left open on SB 60, and supported the presentation made by Mr. Keating.

Mr. Bob Swift, 6450 8th Street, Vero Beach, urged the P&Z to fully approve the proposal as presented by staff because it provided a useful tool to get ahead of the road building needs.

Mr. Jerry Swanson, 3001 Ocean Drive, Vero Beach, felt there was an issue in obtaining concurrency. He opined if a developer was given the tools, he would get a road built. Mr. Swanson asked the P&Z to approve the proposal as submitted.

Mr. Andy Beindorf, 4865 13th Place, Vero Beach, felt the optional provision was necessary to meet the traffic needs within the County.

Ms. Nancy Offutt, representative for Treasure Coast Builders, asked to be added to the record in support of the . Proportionate Fair Share Ordinance.

Chairman Keys closed the public hearing at 9:15 p.m.

Mr. Christopher asked if the Five Year Plan would be updated annually under the SB 360 requirements. Mr. Keating responded in the affirmative. Mr. Christopher stated he did not like the entire optional provision.

Attorney DeBraal pointed out the optional provision was a "Tool" which should be trusted to be used by staff and the. BCC to accelerate the road improvements. Mr. Baird interjected the provision gave some additional flexibility, which was important to long term planning.

Mr. Swift stated the BCC needed all the tools they could get when dealing w.ith long term planning.

Attorney DeBraal felt the P&Z must move forward, especially after having the workshop held March 3, 2006 and the two hour debate at this meeting. He opined all the angles had been covered and it was time to send the item to the BCC.

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ON MOTION BY Mr. Gross, SECONDED BY Mr. Chisholm, the members voted (5-1) to recommend the Board of County Commissioners move forward with the staff recommendations of the Proportionate Fair Share Ordinance and proposed amendments to Land Development Regulations Chapter 910, Concurrency Management System. Mr. Christopher opposed.

Mr. Christopher voted no because he opposed the optional provision.

Commissi er's Matters

Mr. Chis Im announced he would not be te:'ent at the March 23~ 2006 P&Z meetin /resE

·(

Mr. Hamner no d the letter provid to the P&Z members at this meeting, dated March , 2006 from r. Fletcher, addressed to BCC Chairman Arthur Neuberg regarding affic concurrency, should be made part of the record. Ms. Vasi s ackno ledged a copy of the letter would be attached to the minutes as Att hm t A.

Mr. Christopher stated he d read the Sustainable Treasure Coast Report and felt it was a docum t. II worth reading. He also presented a publication of Transportation pact nalysis for Site Developments and recommended copies be pur ased for e P&Z.

Mr. Christopher ask d if there could a public workshop regarding planned developments t discuss the lot size setbacks, two story home issues, and other item that he felt should be dressed before a project came before the P& Mr. Fletcher stated he uld not be in favor of such a workshop. r. Christopher opined since he his recommendatio he would not make a motion;

Mr. Boli g reported at the March 23, 2006 P&Z meeting, the Comprehensi e Plan Amendments would be presented, not including

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ORDINANCE 2006-__

AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM, BY

. AMENDING TABLE OF CONTENTS, BY AMENDING DETERMINATION OF · CONCURRENCY, BY AMENDING DETERMINATION OF CONCURRENCY COMPONENTS SECTION 910.09(4)(A), BY INCREASING POST BUILDING PERMIT ROAD CONSTRUCTION COMMENCEMENT DATE FROM 2 YEARS FROM CERTIFICATE OF OCCUPANCY TO 3 YEARS OF FIRST BUILDING PERMIT; BY ADDING NEW PROPORTIONATE FAIR SHARE MITIGATION SECTION; 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) BE AMENDED AS FOLLOWS:.

PART I: FINDINGS.

It is hereby ascertained, deter:tnined, and declared 1hat:

A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 163.3202, 125.01, . and 125.66, Florida Statutes, tlie Board has all powers of local self-government and such

power may be exercised by the enactment of County ordinances.

B. The proportionate fair-share program provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of 1he public and private sectors.

PART II: AMENDMENTS TO CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM, OF INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS ORDINANCE.

1. Update of Chapter 910, Concurrency Management SJ::stem, Table of Contents

Sec. 910,01. Title:, background and intont.

Sec. 910,02. Certificate of concurrency determination.

S.ec. 910.03. No taking or abro.gation or vesled ri2h1S.

Soc. 910.04. Defmilions. Soc. 910.05. Interpretation and

administration of the lndi1111 River County Concurrency Management System.

Sec. 9!0,06. Establishment of fee for conourrenev review.

Soc. 910.07. Development rc:vi~w svstom.

Sec. 910.08. Determination of concurrencv. 2enerallv.

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See. 910.09. Determination of concmrencv, co....., ... onents.

Sec. 910.10. Level -of service standards established ill the co=ehensive Dlan.

Sec. 910.11. Determination of coocurrencv soecificallv.

910.12 fNRQrti2ns !:llit •Share """•ation

See. 910.+;!.,U Appeal process and vested ri,hts determination.

Sec. 910.-l;i.14 Assignability and trarulforabilitv. .

2. Increase Post-G.G. Building Permit Road Construction Commencement Date from 2 years to 3 years and to make Chapter 910 consistent with the adopted CIE.

LOR Section 910.09(4)(a) is hereby amended, to read as follows:

( 4) Trausportation.

· (a) Transportation supply ( capacity). Transportation supply ~ !l!!J! be detennined on a segment by segment basis. For concurrency purposes, all segments on the county's thoroughfare plan l'ffilSt !l!!J! be considered. Capacity for segments will be based either on FDOT's generalized capacity tables or individual segment capacity studies approved by the public works director pursuant to the criteria specified in Chapter 952, Traffic. Transportation supply for each segment is:

1. The segment's existing peak hour, peak season, peak direction capacity; or

2. the segment's new roadway capacity if facility expansion for the segment is proposed and if:

a. At the time the development order or permit is issued, the facility expansion is ia plaee af under cons1ruction; or

b. A dev;l!lopment order or permit is issued subject to a condition that the facility expansion needed to serve the new development is included in the county's adopted five-year schedule of cauital improvements and is scheduled to be in place or under actual construction not more than three (3) years after issuance of the project's fri-st building uermit or its functional equivalent. For purposes of this section, the county

. may recognize and include transportation projects included in the first three years of the adopted Florida Department of Transportation five year work urogram. In order to apply this provision to a facility expansion project, the Capital Improvements Element must include the following policies:

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ORDINANCE 2006-__

i. The estimated date of commencement of actual project construction and the estimated date of project completion (for Indian River County. this is included in policy 5.11 of the county's CIE and within Appendix B of the county's CIE), and

ii. A provision that a plan amendment is required to eliminate, defer, or delay construction of any road or mass transit ,facility or service which is needed to maintain the adopted level of service standard and .which is listed in the five-year schedule of capital improvements {for Indian River County, this is included in Policy 1.2 of the county's CIE); or

s., At the time a development order or permit is issued, the facility is the subject of a binding executed agreement which requires the facility to be In place or under actual construction no more than three {3) years after the issuance of the project's first building permit or its functional equivalent; the agreement may assign all or a portion of the created capacity; or

.!!:. At the time a development order or permit is issued, the facility is guaranteed in an enforceable development agreement, pursuant to Section 163.3220, F.S., or an agreement or development order issued pursuant to Chapter 380, F.S., to be in place or under actual construction not more, than three years after issuance of a building permit or its functional equivalent. (Section 163.3180{2){c), F.S.); the agreement may assign all or a portion of the created capacity; !!!:

b. 'I:Js..e eetiffi:,• grants eoaditioaal pro;jeet appro·;al. sush that a ae¥elejgmen.t oroer er pemrit is iss11ed sll:bjeet te the eonditions that the kansportatien faeilities ooeded te servo the neYl Ele¥eloJ!1ment afe i.Helt.ded iH Ga.pita,! IIBJ!lro','ements Element Table 13.24, the eel;l.Rty's e.eleptoa fi¥o year sehedule ef prieri-ty trmSf)eflatiol!. ea.pita! impro¥ements, e.REl !ll'e sshedttleel ta be m plaeo er under aeteal. eol!.stf:ttetien not more thaa. two (2) years e.fier issemee of e. eefliffoate ef eeeepaH.ey for the do·,•elopmeat By referl!!!lee, tihe sehedtlle of ea.pita.I impro·tements rooograi!es aml iaehleles tfaJlSportatiel!. praj eets Hl.6luaee ia the fiat three (3) years of tihe applieahlo, aelepteel · Florida Depa.tmrnt of TrflftSf)Ol'latioa fi¥e year werk program. Table 13 .2 4 alse iaeltiaes the estimated date for the eemme!leement ef aoQ:lal eaastruetion _e.B:El the estimated elate ef eempletioa for each of the fill:spartatien ea.pita.I impro¥ements. W1i:ere a Eie¥elopmeat ereler Of permit is isrRteel pl¼fsuaat to the provisions of th¼s seetiea, the developmeet

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e.

d.

QRJ)l'.NANCE 2006-__

Ofder or peanit shaill, iBel!!de a eeaditioa. th.at a eea1f!fehenswe plan amendmem: •Nill he required te eliminate, defer, ef delay eenstmatiea. ef !Iffy traaspertatioa. facility lalflfO~•emem ,vhieh ie liste8: Hi the eempfeheasP;e :ple:B's ~e ye8f sekeelile ef eapital ia1firovffll'!em:s, a.ad whieh is needed to mawain the ado!')ted le•1el of semee sta:ae.Me. foF Foadway segtB:eBts HB19ae~eE11ey tilla f)fejeet. le. ap~i:01,'¼ag a 8e'4retepmeat 11ermit, the eoimty ma;- ia1fiese eenditieas requiring that tfafispertation faeiliti:es a.eoessa:ry to se1Ve the !')Foj eet he iB plaee eF md:er eoMwetioa 1!,• a d:ate ee!'taia. vJMeh shat! aet e*eeed two (2) yeafS €fem the issl¼l!Bees ef: a oertifieate ef ooclli)aney; er

At the time a de¥elepmem era.er er permit is isSl:led:, the neeessa:ry transpertatiea faeilities are the subj eet of a biBdi.Bg eKeauted ageemea.t '.'lhieh requires the a.eeessary traa.sportatiea. facilities to seFve the Be',,. deYelopmem te he m plaee or Uftder eoa.stl'wiitioa. oot l!l:OFe thaa. w,e t2) yeaFs lliEtel' the isS'!laaee of a eertifieate of oee!if1a&e,r fer th.e de'lrelepment. m appFe•1iBg a biBdiBg e!Eeeateel agreement, . the eoooty may H!!!:pese eenditioa.s requiring that transportatieB facilities eeeessaF," to sOrYe the pff\i eet 1! e ie. p!aee er lillder oonswetion 1!,r a elat,e eertaiB whieh shall not oorneeel W.'0 (2) years £rem the islftlanee efa eertiieate et:eeel!J!aae,'; er.

At the time a de>,'elopmea.t 0rdei; er permit is issueel, the a.eeessaI)' traa.sportatioo faeilities aFe gi,iar!lftteed iB an OBfoFeeahle deve!opmeBt agreemel!lt, J!!ll!iSl¼ani le S eetien la:l.32:."!Q P.S., ef an agreement or deYelepmeat ordeF issued J!H:ll'Sl¼ani te Ghapt0r 38Q, F.S., to be in plaee or ffll.der actual eonstraetioa net mare than twe (2) years aflOF issuance of a eertifieate of eeollJ?anoy fur the de¥elopmea.t. In appro'r.ng a de·,•elopmem ageemem:, the 001.lftt," may Hl'lf'OSO een4:itisns FeEjUirmg that tfaHsportatioa. faeilities a.eeessary te S8f¥a tee prej est be in plaee or ffll.der eonstruetioa. 1!,r a date eefta.m whieh sh!tH oot eiceeed two (2) yeflfs :ll;om lihe issm1nee of a sen=tifiee.~o ef 808Qf!Bl¼Sy.

!!.: The segment is the subject of a proportionate fair-share agreement. In such case, the segment capacity increase reflected in the proportionate fair share agreement shall be available only to the parties to a proportionate fair share agreement.

3. New Proportionate Fair-Share Mitigation Section LDR Section 910,12.

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(3)

ORDINANCE 2006---

The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the Proportionate Fair-Share Program. as required by and in a manner consistent with §163.3180(16), F.S.

(2) Findings

(a)

Applicability

The Indian River County Commission fmds and determines that transportation capacity Is a commodity that has a value to both the public and private sectors and that the County Proportionate FairShare Program:

1.

2.

3.

4.

Provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative and creative efforts of the nublic and private sectorsj

Allows developers to proceed under certain conditions. notwithstanding the failure of transportation concurrency. by contributing their proportionate fair share of the cost of expanding or improving a transportation facility;

Contributes to the provision of adeguate public facilities for future growth and promotes a strong commitment to comprehensive facilities planning, thereby reducing the l!Otential for moratoria or unacceptable levels of traffic congestion; and

Maximizes the use of public funds for adequate transportation facilities to serve future growth, and may, in . certain circumstances, allow the County to expedite transportation Improvements by supplementing funds currently allocated for transportation improvements in the Capital Improvements Element

The Proportionate Fair-Share Program shall apply to any development project in Indian River County where the project's traffic impact study or the county traffic engineer determines that there is insufficient capacity on one or more segments to satisfy the development project's transportation concurrency requirements. The Proportionate Fair-Share Program does not apply to developments of regional impact ffiRis) using proportionate fair share under §163.3180(12), F.S,, or to developments exempted from concurrency as provided in this concurrency chapter.

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ORDINANCE 2006-_· _

(4) General Reqnirements

(a) An applicant whose project meets the criteria of Section 910,12(3) may choose to satisfy transportation concurrency requirements by making a proportionate fairshare contribution. pursuant to the following requirements:

1. The proposed development is consistent with the comprehensive plan and applicable land development regulations. and ·

2. The five-year schedule of capital improvements in the County Capital Improvements Element (CIE) includes one or more transportation improvements that, upon completion, will provide sufficient capacity for the deficient segments to accommodate the traffic generated.by the, nroposed development.

(b) The County may choose to allow an almlicant to satisfy transportation concurrency for a deficient segment, through the Proportionate Fair-Share Program, by the developer contributing to an improvement tha:t, UJ!On completion. will create additional capacity on the deficient segment sufficient to accommodate the additional traffic generated by the applicant's proposed development even if the improvement project for the deficient segment is not contained in the 5-year schedule of capital improvements in the CIE where:

• The Board of County Commissioners holds an advertised public hearing to consider the proportionate share agreement and corresponding future changes to the 5-year CIE, and

• The County adopts, by ordinance. an amendment adding the improvement to the 5-year schedule of capital improvements in the CIE. To qualify for consideration under this section, the proposed improvement must be reviewed by the Board of County Commissioners, and determined to be financially feasible pursuant to §163.3180(16}/b}l. F.S .• consistent with the comprehensive plan. and in compliance with the provisi.ons of this.ordinanc11.,_,Fi_n_,ncialle.1!.1!.ibility for_tm,!i ses,fu!n.means that additional contributions, payments or revenue sources to fund the improvement project are reasonably anticipated during a period not to exceed 10 years.

· (c) Any improvement project proposed to meet a developer's fair-share obligation must meet design standards of the County for locally maintained roadways and those of the Florida Department of Transportation <FDOT) for the state highway system.

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(5) Application Process

(a) Upon identification of a lack of capacity to satisfy transportation concurrency, an applicant may choose to satisfy transportation concurrency through the proportionate fair-share program pursuant to the requirements of section 910.12(4). .

(b) Prior to submitting an application for a proportionate fair-share agreement, the applicant shall attend a pre-application meeting with planning and traffic engineering staff to discuss _ eligibility. application submittal requirements, notential mitigation options, and related issues. If the impacted facility is on the Strategic Intermodal System (SIS). then the Florida Department of Transportation (li'DOT} will be notified and invited to participate in the pre-application meeting. .

(c) Eligible applicants shall submit an application to the Coung: that includes an application fee as established by resolution and the following:

1. Name, address, and phone number of owner(s), developer and agent;

2. Property location, including parcel identification numbers;

3. Legal description and survey of property;

4. Project description, including type, intensity, and amount of development;

5. Phasing schedule, if applicable;

6. Description of requested proportionate fair-share mitigation method(s);

7. Copy of concurrency application;

8. Copy of the project's Traffic Imuact Statement ITIS} or Traffic Impact Analysis (TIA}; and ·

9. Location map depicting the site and affected road network.

(d) Within 10 business days. planning staff shall review the application and certify · that the application is sufficient and complete. If an application is determined to be insufficient. incomulete. or inconsistent with the general requirements of the proportionate fair-share program as indicated in section 4 910.12(4). then the applicant shall be notified in writing of the reasons for such deficiencies within 10 business days of submittal of the. application. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application shall be deemed abandoned. The Board of County Commissioners may, in its discretion. grant an extension of time not to exceed 60

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days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

(e) Pursuant to §163.3180(16)(e}, F.S .. proposed proportionate fair-share mitigation for development impacts to facilities on the Strategic lntermodal System requires the concurrence of the Florida Department of Transportation {FDOT). If an SIS facility is proposed for proportionate share mitigation. the applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(Q When an application is deemed sufficient complete, and eligible. a proposed proportionate fair-share obligation and binding agreement will be :prepared by the County or the applicant with direction from tbe County and delivered to the appronriate parties for review. including a copy to the FDOT for any proposed proportionate fair-share mitigation on a Strategic Intermodal System (SIS) facility, no later than 60 days from the date at which the application was determined to be sufficient and no fewer than 14 days prior to the Board of County Commissioners meeting when the agreement will be considered.

(g) The County shall notify the applicant regarding the date of the Board of County Commissioners meeting at which the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the Board of County Commissioners.

(6} Determining Proportionate Fair-Share Obligation

(a) Proportionate fair-share mitigation for concurrency impacts may include, separately or collectively, l!rivate funds, contributions of land, and construction and contribution of facilities as provided in §163.3180 (l!i)(c). F.S. .

(b) A develol!ment shall not be required to pay more than its proportionate fail; share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ based on the form of mitigation as provided in §163.3180 {16}(c). F.S.

(c) The methodology used to calculate an applicant's proeortionate · fair-share obligation shall be as provided for in Section 163.3180 (12), F. s., as follows:

The cumulative number of peak hour, peak direction trips from the complete buildout of the proposed development, or buildout of the stage or phase being approved. that are assigned to the proportionate share program segment divided by the change in the peak hour directional maximum service volume !MSY} of the proportionate share

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ORDINANCE 2006·~-

program -segment resulting from construction of the proportionate share program improvemen~ multiplied by the anticipated construction cost of the proportionate share project in the year that construction will occur.

This methodology is expressed by the following formula:

Proportionate Fair Share ,. E[rroevelopment Trips;) + (SV Incre~se;}) X Cost1 ]

(Note: In the context of the formula, the term "cumulative" does not include a previously approved stage or phase of a development.)

Where:

Erm Sum of all deficient links proposed for_proportionate fair-share . mitigation for a project.

Development Trips1 "'1'hose trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the concurrency management system;

SV Increase1 = Service volume increase provided by the eligible improvement to roadway segment "i"; .

Costi = Adjusted cost of the improvement to segment "i". Cost shall consist of all improvements and associated costs. including design, right-of-way acquisition, planning. engineering. inspection, -and physical development costs, directly associated with construction at the anticipated cost in the year that construction will occur.

(d) For purposes of determining proportionate fair-share obligations, the County shall determine improvement costs based upon the actual and/or anticipated costs of the improvement in the year that construction will occur. These costs will be determined by the county's public works department.

(e) If the County has accepted an improvement project proposed by the applicant. th,!ln the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the county's pyJ:llic works director or other mej:hod approved by the county's public works director.

(0 If the County has accepted right-of-way dedication for the proportionate fairshare payment, credit for the dedication of the non-site related right-of-way shall_ be valued on the date of the dedication at 120 percent of the most recent assessed value by the County property appraiser or, at the option of the applicant. by fair market value established by an independent appraisal approved by the County and at no expense to the County. Said appraisal shall assume no approved development plan for the site. . The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the County at no expense to the County. If the estimated value of the right-of-way

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dedication proposed by the applicant (based on a County-approved appraisal) is less than the County estimated total proportionate fair-share obligation for that development. then the applicant must also pay the difference. If the estimated value of the right-of-way dedication proposed by the applicant (based on a County-approved appraisal) Is more than the county · estimated total proportionate fair-share obligation for the development, then the county will give the applicant traffic impact fee credit for the difference.

(7) Impact Fee Credit for Proportionate Fair-Share Mitigation

(a) Proportionate fair-share mitigation J!IIJ:ments for a development project shall be applied as a credit toward the traffic impact fees assessed to that development project.

(b) Impact fee credits for a proportionate fair-share contribution will be determined when the traffic impact fee obligation is calculated for the proposed development. If the applicant's I!rOJ:!Ortionate fair~share obligation is less than the development's anticipated road impact fee for the S{!ecific stage or phase of development under review, then the apglicant must pay the remaining impact fee amount.

(c) A proportionate fair-share contribution is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any traffic impact fee credit based upon proportionate fair-share . contributions for a proposed development may not be transferred to any other location.

(d) The amount of traffic impact fee {TIE) credit for a proportionate fair-share contribution may be up to but shall not exce·ed the nroject's proportionate fair share amount and will be determined based on the following formula:

TIF Credit ~ [(Proportionate fair share impacted roadways' VMD + (Total Project VMT)) · X ( Total Project Traffic Impact Fee Liability)

Where:

VMT (Vehicle miles of travel on a link) = Qength of link) X (number of trips assigned to that link)

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Total Project VMT "" Total vehicle miles of travel on all links impacted by proportionate fair share project

(e) A proportionate fair share impact fee credit shall be applied consistent with the following formula:

Applicant payment = ((Total project traffic impact fees assessed) + <Proportionate Share Payment}) - ITIF CREDIT}

(8) Proportionate Fair-Share AgTeements

, (a) UJ!on executing a proportionate fair-share agreement (Agreement) and satisfying other concurrency requirements, an applicant shall receive a CCI5 (or its successor upon amendment of initial concurrency regulations) County certificate of concurrency approval. Should the applicant fail to apply for building permits within the timeframe provided for in the county concurrency certificate. then the project's concurrency vesting shall expire, and the applicant shall be required to reapply. Once. a proportionate share payment for a project is made and other impact fees for the project are paid, no refunds shall be given. All payments. however, shall run with the land.

(b) Payment of the proportionate fair-share contribution for a project and pav:ment of other impact fees assessed to that project shall be due and must be paid prior to the effective date of the proportionate fair share agreement. The effective date shall be specified in the agreement and shall not be more than one (1) year beyond the date the agreement is approved by the Board.

(c) All developer improvements accepted as proportionate fair share contributions must be completed within 3 (three) years of the issuance of the firJ1,t buildin_g permit for the project which is the subject of the proportionate fair share • agreement and be accompanied by a security instrument that is sufficient to ensure the ,s.ompJ,!lJi,.o~_of_all ,reguir£d improvements. The security instrument shall conform to the subdivision construction security reguirements of 913.l0(l)(D). It is the intent of this section that any required improvements be completed within 3 (three} years of the issuance of the first building permit for the project which is the subject of the proportionate fair share agreement

(d} Dedication of necessan: right-of-way for facility improvements pursuant to a proportionate fair-share agreement must occur prior to the effective date of the proportionate fair share agreement.

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· (e} Any requested change to a development project subsequent to issuance of a development order shall be subject to additional proportionate fair-share contributions to the extent the change would increase project costs or generate additional traffic that would require mitigation.

(fl Applicants may withdraw from a proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the County are nonrefundable.

(g) The County may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple aJ!Dlicants on improvements to a shared transportation facility.

(9) Appropriation of Fair-Share Revenues

(a} Prol!ortionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the County capital imnrovements element, or as otherwise established In the terms of the pronortionate fair-share agreement. Proportionate fair-share revenues may also be used as the 50% local match for funding under the FDOT Transportation Regional Incentive Program (TRIP).

(bl In the event a scheduled facility improvement is removed from the CIP, then the proportionate fair share revenues collected for its construction may be applied toward the construction of alternative improvements within that same corridor or sector where the alternative· improvement will · mitigate the impacts of the develoP.mf'nt project on the congested roadway(s) for which the original proportionate fair share contribution w;i,s made.

4. Renumbering LDR Sections 910.12 and 910.13 to Secj;,w_n 910.13 and 910.14

. Section 910.12 910.13. Appeal process and vested rights determination.

(1) Putpose and intent. This section is established to provide a mechanism for the hearing and decision of appeals of decisions or actions by the community development director or his designee on concurrency determinatiorui and vested rights detenninations.

(2) Authorization.

(a) The board of county commissioners of Indian River County is hereby authorized to:

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1. Hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by the community development director or his designee in the concurrency determination.

2. Hear and decide appeals when it is alleged that there are vested rights.

(b) Upon appeal and in conformance wfth land development regulations, the board of county commissioners in exercising its powers may reverse or affirm wholly or partly, or may modify the order, requirement, decision, interpretation, application, or determination of the community development director or his designee.

( c) A majority vote of a quorum of all members of the board of county commissioners shall be necessary to reverse any order, requirement, decision, interpretation, application or determination of the commW'lity development director or his designee.

(3) Appeal procedures.

(a) The applicant, or any other person(s) whose substantial interests may be affected or determined in the proceeding may initiate an appeal.

(b) Appeals must be filed within fifteen (15) days following action or determination by the respective official.

(c) An appeal must be filed with the community development department on an application form prescribed by the county within the specified time limit. All such appeals shall recite the reasons why such an appeal is being taken.

The appeal shall be accompanied by a fee to be determined by resolution of the board of county commissioners. The community development director shall schedule the hearing of the appeal in frortt of the board of county commissioners within thirty (30) days following receipt of the application.

(d) The community development director must review the appeal and prepare a report which contains the d1:partment's findings and recommendation.

(e) Al.I appeals shall be heard at a meeting of the board of county commissioners. All interested parties shall have a right to appear before the board of county commissioners and address specific concerns directly related to the appeal. Any person may appear by agent or attorney. All such hearings shall be conducted in compliance with the rules of procedure for the board of county commissioners. The time and place scheduled for hearing shall be given to the applicant in writing.

(f) The final decision of the board of county commissioners must be reached within sixty (60) days following the receipt of the appeal by the community development department director.

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(g) The same procedure identified in section 910.13(3) will be applicable to the vested rights determination. The criteria identified in section 910.03 will be utilized for the vested rights determination.

(Ord. No. 90-16, § 1, 9-11-90)

Section 9Hl.13 910.14. Assignability and transferability.

(a) A certificate of concurrency determination shall run with the land and shall transfer to a successor in interest to the original applicant upon written disclosure of such transfer to the community development department. The disclosure shall provide the full legal name of the person or business entity acquiring the interest in the property; the nature of the interest; the address of the principal place of business of the successor; telephone number, name and address of registered agent· if corporation; name, address and title of officers or agents authorized to transact business with the county, together with proof of authorization if other than president or vice-president or . general partner; and the name and address of any new design professional for the project if applicable. A transferee applicant must also assume in writing on form acceptable to the county attorney all commitments, responsibilities, and obligations of the prior applicant, including all special conditions of the concurrency detennination certificate.

(b) Failure to make the required disclosure and assumption shall suspend a concurrency determination certificate until such time as proper disclosure and assumption are made.

( c) Transfer of the certificate of concurrency determination shall not toll or modify the calculation of time limits set forth in the concurrency determination certificate. Following any transfer, such time limits shall be calculated as if the transfer had not occurred.

( d) A concurrency detennination certificate shall not be assignable or transferable to other developments. (Ord. No. 90-16, § 1, 9-11-90)

PART III: GENERAL PROVISIONS.

SECTION ONE: 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 TWO: 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.

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SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.

The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such; and the word "ordinance" may be changed to "section", "article", or any other appropriate word.

SECTION FOUR: EFFECTIVE DATE.

This Ordinance shall take effect immediately upon filing with the Department of State.

Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this __ day of _____ , 2006.

This ordinance was advertised in the Press•J ournal on the ___ day of 2006, for a public hearing to be held on the ___ day of 2006, at which time it was moved for adoption by Commissioner , seconded by Commissioner _________ ., and adopted by the following vote:

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Chainnan-Arthur R. Neuberger

Vice Chairman Gary C. Wheeler

Commissioner Sandra L. Bowden

Commissioner Thomas S. Lowther


BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

BY: Arthur R. Neuberger, Chairman

ATTEST BY: ________ _ Jeffrey K. Barton, Clerk

This ordinance was filed with the Department of State on the following date: ______ _


Willi~~~ey

velopment Director

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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY1 FLORIDA, ESTABLISHING APPLICATION FEES FOR. REVIEWING PROPORTIONATE FAIR SHARE MITIGATION APPLICATIONS.

WHEREAS, Chapter 910, Concurrency Management System of the county land development

regulations, has been revised to add a proportionate fair share mitigation section; and

WHEREAS, the proportionate fair share mitigation section of Chapter 910 of the land

development regulations establishes an application review procedure and indicates that application

fees will be established by resolution; and

WHEREAS, staff estimated the cost of processing proportionate fair share mitigation

applications and preparing proportionate fair share agreements.

NOW, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS

OF INDIAN RlVER COUNTY, FLORIDA THAT:

Section 1.

The above recitals are ratified in their entirety.

Section 2,

The Board of County Commissioners, hereby, establishes the following application fees for processing proportionate fair share mitigation applications:

- $325 .00 application fee if proportionate fair share mitigation link !l! in the county's current Capital Improvements Element (CIE) and $100.00 for each additional link

- $580.00 application fee if proportionate fair share mitigation link is not in the county's current Capital ImJ)rovements Element (CIE) and $100._Q0 for each additional link

The forgoing Resolution was offered by Commissioner ________ and seconded by Commissioner __________ and upon being put to a vote, the vote was as follows:

ATTACHMENT 5

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Chainnan, Arthur R. Neuberger Vice-Chairman, Gary Wheeler Commissioner, Thomas Lowther Commissioner, Wesley S. Davis Commissioner, Sandra L. Bowden

The Chainnan thereupon declared the resolution duly passed and adopted on this 11th day of April 2006.

BOARD OF COUNTY COMMISSIONERS. INDIAN RIVER COUNTY, FLORIDA

BY: _________ _ Arthur R. Neuberger, Chainnan

ATTEST: _________ _ Jeffrey K. Barton, Clerk




Robert M. Keating, AlCP Community Development Director

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232

Model Ordinance for Proportionate Fair-Share Mitigation of Development Impacts

On Transportation Corridors

Final Edition

February 14, 2006

State of Florida Department of Transportation

605 Suwannee Street Tallahassee, FL 3 23 99

FDOT Contract No. BD544; RPW0:21

1UTk Center for Urban Transportation Research

University of South Florida, College of Engineering 4202 E. Fowler Ave., CUTl00

Tampa, FL 33620-537S (813) 974-3120

.www.cutr.us/edu

., ATTACHMENT 1111(,

233

Other Participants: Tom Atkins, HDR Jay Brady, AICP, Gulf Coast Builders Exchange Scott A. Clem, AICP, St. Johns County Daniel DeLisi, AICP, The Bonita Bay Group Chris Edmonston, Florida Department of Community Affairs Paul R. Flora, Hillsborough County City-County Planning Commission Jorge Gonzalez, St. Joe Company Shannan M. Herrin, Committee on Community Affairs, Florida Senate Keith Hetrick, Florida Homebuilders Assoc. Barbara Hoagland, Governor's Office Marsha Hosack, Sarasota County Heidi Hughes, Florida Department of Community Affairs Tim Jackson, Glatting Jackson Tim Jones, Lee County Attorney's Office Bob McKee, Florida Association of Counties Ken Metcalf, Greenburg Traurig Jason Paananen, Bay County M. Lynn Pappas, Pappas Metcalf Jenks & Miller Jeff Perry, Wilson Miller Inc. Larry Pflueger, Pinellas Planning Council Diane Quigley, Florida Department of Community Affairs Robert M. Rhodes, Foley & Lardner LLP Elizabeth Rodriguez, Tampa Builders Assoc. Brian Strout, Assoc. of Florida Community Developers Ron Talone, David Plummer & Assoc. Teresa Tinker, Governor's Office Tom Yeatman, Committee on Community Affairs, Florida Senate

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Proportionate fair-share contributions should not be confused with transportation impact fees. Toe primary difference is that the proportionate fair-share payment outlined in Section 163.3180(16), F.S., is intended as a means to address a specific transportation concurrency issue - a road segment or segments operating below the adopted level-ofservice standard; whereas transportation impact fees are imposed on each new development to pay for that development's impact on the entire transportation system ( as addressed by the local impact fee ordinance). The model ordinance addresses the need for local governments to provide transportation impact fee credit for proportionate fair• share contributions under certain conditions as required by Section 163.3180(16), F.S.

The model ordinance implements the provisions of Section 163.3180(16), F.S., which establishes conditions whereby developers may satisfy . transportation concurrency requirements through proportionate fair-share contributions. It should be noted that the developer may elect to use these provisions if the transportation facilities or facility segments identified as mitigation for the development's traffic impacts are specifically identified for funding in the five-year schedule of capital improvements in a local government's (CIE) or in an adopted long-term CMS.

Likewise, the local government may elect to allow a development to proceed through the Proportionate Fair-Share Program if the local government is willing to add the necessary transportation improvement project to the five-year schedule of capital improvements in the next annual update of the CIE. lfthe local government does not have sufficient funds to fully fund construction of a transportation improvement required by the CMS, the local government and developer may still enter into a binding proportionate fair-share agreement authorizing the developer to construct that amount of development on which the proportionate fair share is calculated. In this latter case, the proportionate fair-share

· amount must be sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system.

Local capital improvement plans needed to achieve and maintain adopted LOS standards over the five year period and long term CMSs must be "financially feasible" as defined in Section 163.3164(32), F.S. Local governments choosing to add a project to their fiveyear capital improvements schedule must demonstrate that additional contributions, payments or funding sources are reasonably anticipated to fully fund the project. Updates to the CIE that reflect proportionate share contributions will still meet financial feasibility requirements if additional developer contributions and other funding sources needed to satisfy the requirements of the local CMS are reasonably anticipated at least within a 10-year period.

The definition of financial feasibility in statute further indicates that "the requirement that (LOS) standards be achieved and maintained shall not apply if the proportionate-share process set forth in 163.3180(12) and (16) is used." This provision clarifies that proportionate share is a pay-as you-go method that does not require immediate resolution

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EXECUTIVE SUMMARY OF ORDINANCE

Sections A and B of the ordinance provide statements regarding the intent of the Proportionate Fair-Share Program. The basic intent is to establish a process for mitigating the impacts of development on transportation facilities through the cooperative efforts of the public and private sectors. Under this process, development may proceed despite a lack of adequate capacity on the impacted transportation system, provided applicants contribute their fair-share toward satisfying concurrency for the transportation impacts of their development projects. A corresponding intent is to strengthen local capital improvements planning by tying these developer contributions more closely to the transportation planning and improvement process.

Section C states. that the Proportionate Fair-Share Program would apply, pursuant to certain conditions, to any development that has been denied transportation concurrency by the local government, other than those specifically excluded by statute or exempted from concurrency in local ordinance. It would also apply to transportation facilities not maintained by the permitting local government, provided those facilities are relied upon for transportation concurrency detenninations.

Section D is provided to accommodate regulatory definitions needed to implement the Proportionate Fair-Share Program. The section advises local governments to reconcile terms in their proportionate fair-share ordinance with other concurrency-related definitions in Chapter 163, F.S., and local land development regulations. It also provides the new definition of concurrency from Section 163.3180(2) (c), F.S.

Conditions for participating in the program are indicated in Section E. Specifically, plans must be in place to improve the impacted transportation facilities such that capacity will be. available to accommodate the impacts of the proposed development as required by Section 163.3180, F.S. Local governments may also choose to add new projects to the

· local CIE or a long•term CMS and schedule of projects that incorporate developer contributions. If no improvement has been included in an adopted improvement program, then the local government may allow participation in the Proportionate FairShare Program pursuant to the provisions in Section E(2).

Although the emphasis is on major facility improvements to .µ:\dress transportation needs, Section E would not preclude short-term operatioiial improvements in advance of a larger capacity project. It would also allow for mitigation in the form of parallel reliever routes, improved network development and connectivity, transit facility improvements, or other major. mobility improvements. The intent, however, is that any improvement to a facility be aimed at advancing a planned improvement project or at least be reflected in an adopted corridor management plan which addresses operational improvements in a comprehensive manner. Section F addresses the need for intergovernmental coordination with other affected jurisdictions and agencies, regarding contributions to impacted facilities that are under

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state road and the impact fee rate is calculated based on trip lengths that include state roads, then there would be a credit. If the calculation included only trip lengths on nonstate roads there would be no credit. In addition, impact fee credits would be administered pursuant to the requirements of the local impact fee ordinance and would be provided as they are earned and not necessarily at the time of the proportionate fair-share contribution.

Section J provides a process for executing proportionate fair-share agreements and a timeline for payment of contributions. It allows applicants to move forward with their development plans pursuant to an agreement, without requiring payment until prior to final approval either of the development order or recording of a final plat. However, it establishes that applicants must apply for a development permit within one year, or as required by a local government's CMS. It also provides an incentive for early payment by establishing that the local government will recalculate the fair-share obligation to capture any changes in improvement costs where an applicant submits their payment more than one year after execution of the agreement.

Section K outlines the method for appropriating revenue from proportionate fair-share contributions. It suggests that revenues be applied to the facilities for which they were collected, unless the terms of the agreement dictate otherwise. It also establishes parameters for re-appropriating revenue if an improvement is removed from the CIE. Specifically, it requires another improvement to be identified and added to the CIE to mitigate transportation deficiencies within that same corridor or. sector. At 1he discretion of the local government, proportionate fajr-share revenues may. be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the 50% local match for funding under the FOOT Transportation Regional Incentive Program (TRIP).

Section K also includes an optional provision whereby local governments could establish a method to reimburse an applicant who constructs a transportation facility that provides capacity in excess of 1he applicant's proportionate fair-share obligation. This could be addressed in the terms of proportionate fair-share agreements and/or provided for in the proportionate fair-share ordinance using the model language provided.

The ordinance concludes with two optional additions to a local government's proportionate fair-share regulations. Option A provides an opportunity for a local government to address the transportation impacts of a proposed development in an adjacent local government that is at or near its border. Each participating local government would first enter an agreement to incorporate the provision into their land development regulations. Where a permitting local government finds a significant transportation impact may occur across its border, using the me1hodology provided, it would inform its neighbor who would determine if the development traffic would cause a concurrency deficiency in their jurisdiction. If so, the adjacent local government would determine the applicant's proportionate fair-share obligation to 1hem and provide that

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(d) Maximizes the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the [City/County] to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the CIE.

(e) Is consistent with §163.3180(16), F.S., and supports the following policies in the [City/County] Comprehensive Plan [cross reference policies and objectives in the comprehensive plan/CIE].

C. Applicability

Commentary: Each local government is required to adopt and maintain LOS on transportation facilities per Chapter 163, F.S., through a CMS designed to "ensure that issuance of a development order or development permit is conditioned upon the availability of public facilities and services necessary to serve new development" (Rule 9J-5. 0055 F.A. C.), This model ordinance assumes that each local government has a CMS in place. Further, this model ordinance is designed to work within a local government's existing CMS.

The Proportionate Fair-Share Program shall apply to all developments in (City/County] that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the [City/County] CMS, including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of Section E. The Proportionate Fair-Share Program does not. apply to developments of regional impact (DRls) using proportionate fair-share under §163.3180(12), F.S., or to developments exempted from concurrency as provided in [reference appropriate sections in concurrency ordinance, policies in comprehensive plan, and/or Chapter 163.3180, F.S., regarding exceptions and de minimis impacts].

Commentary: It is important to note that statutory requirements allowing de minimis impacts for concurrency have been changed to require local governments to maintain records to ensure that the 110% ,criteria is not exceeded. This documentation must be submitted annually with the updates to the local CIE schedule. If DCA determines that a local government has exceeded the I 10% criterion on a particular roadway, then it will send a letter notifying the local government that further de minimis development approvals on that roadway are prohibited by state. law until the local government provides proof to DCA that the volume has been reduced below 110%.

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project as provided for in section K(l) ofthe ordinance. lf the capacity of the planned improvement is fully committed, or there is no eligible project in an adopted work program, a developer could potentially still participate at the discretion of the local government pursuant to E(2) below.

(2) The [ City I County] may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair-Share Program by contributing to an · improvement that, upon completion, will satisfy the requirements of the [City/County] transportation CMS, but is not contained in the five-year schedul,e of capital improvements in the CIE or a long- term schedule of capital improvements for an adopted long-term CMS, where the following apply:

(a) The [City/County] adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of capital improvements in the CIE or long-term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the appropriate [City/County body], and determined to be fmancially feasible pursuant to §163.3180(16) (b) 1, F.S., consistent with the comprehensive plan, and in compliance with the provisions of this ordinance. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities.

Commentary: The last sentence is somewhat redundant, but was added to clarify that under §163.3180(16) (b) 1, F.S.: "Updates to the five•year CIE which reflect proportionate fair-share contributions may not be found not in compliance [with financial feasibility requirements] if additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities. "

(b) If the funds allocated for the five-year schedule of capital improvements in the [City/County] CIE are insufficient to fully fund construction of a transportation improvement required by the CMS, the [City/Co\lllty] may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the

· proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system.

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F. Intergovernmental Coordination

Pursuant to policies in the Intergovernmental Coordination Element of the [City/County] comprehensive plan and applicable policies in [reference adopted regional plan), the [City/County) shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. An interlocal agreement may be . established with other affected jurisdictions for this purpose.

Commentary: Proportionate fair-share contributions should be applied toward the impacted facility. However, impacted facilities may be maintained by an agency other than the local government executing the proportionate fair-share agreement (e.g., a county or state road within the city limits). Therefore, it is advisable for each local government to work with other affected agencies to establish a procedure for coordinating mitigation to impacted facilities that are maintained by another agency. It may be appropriate to enter into a Memorandum of Understanding (MOU) or interlocal agreement outlining inter-jurisdictional review criteria and decision time-frames, or to establish an ordinance provision authorizing deposit of proportionate fair-share fonds into the. appropriate project account of the FDOTor other affected jurisdiction. ,,,

G. Application Process

(1)..,Upon notification of a lack of capacity to satisfy transportation concurrency, the .. applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of Section

(2) Prior to submitting an application for a proportionate fair-share agreement, a preapplication meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the SIS, then the FDOT will be notified and invited to participate in the pre-application meeting.

Commentary: Section 163.3180(16) (e), F.S., requires FDOT concurrency on SIS mitigation proposals. It is the intent of G (2) that FDOT coordinate closely with the local government and developer as proportionate fair-share mitigation options are defined for the SIS in particular. Such coordination is also important on mitigation for other important state highways. Including FDOT in the preapplication process is a good way to provide for early and ongoing coordination on this issue. See also number five below.

(3) Eligible applicants shall submit an application to the [City/Coimty] that includes an application fee of [$X] and the following:

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(6) When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obl\gation and binding agreement will be prepared by the [City/County] or the applicant with direction from the [City/County) and delivered to_ the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than [60 days] from the date at which the _ applicant received the notification of a sufficient application and no fewer than [14 days) prior to the [Council/Commission] meeting when the agreement will be considered.

Commentary: The appropriate parties for review of proportionate fair-share agreements would include the jurisdiction maintaining the transportationfacility that is subject to the agreement, if other than the approving jurisdiction. It is also advisable for local governments to provide their DCA representative a copy for review and comment.

(7) The [City/County) shall notify the applicant regarding the date of the [Council/Commission] meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the [Council/Commission, or pursuant to staff approval for agreements below a

_ _certain dollar amount].

Commentary: Local governments should establish an approval process for agreements that works in their context. A local government may wish to allow administrative approval for smaller contributions below a certain defined dollar amount and provide for Council approval of contributions that exceed that specified amount,

H. Determining Proportionate Fair-Share Obligation

Commentary: This section establishes the methodology for determining the proportionate fair-share obligation of the applicant. Development trips, roadway segments and corresponding eligible improvements used for proportionate fair-share calculation in this section are identified using the local government CMS, the local CIE, and Section E of this ordinance. ·

(1) Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities. [Note: This language is as provided in §163.3180 (16) (c), F.S.].

(2) A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair•share mitigation for the impacted facilities shall not differ regardless of the method of mitigation, [Note: This language isasprovidedin§J63,3180 (16) (c), F.S.]

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(a) An analysis by the [City/County] of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the [Council/Commission or appropriate entity]. In order to accommodate increases in construction material costs, project costs shall be adjusted by [inflation factor]; or

Commentary: The cost used for the proportionate fair-share calculation should be today's cost estimate oftoinorrow's cost. A sample method for determining an inflation factor is in Appendix B. Upon acceptance by the local government of a proportionate fair-share contribution, the .applicant would not be responsible for any subsequent cost overruns or inj/ationa,ry factors associated with the project beyond that date.

(b) The most recent issue ofFDOT Transportation Costs, as adjusted based upon the type of cross-section (urban or ruraj); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined using this method in coordination with the FDOT District.

Commentary: When determining a cost for state road improvements it is important to· contact the FDOT District for cost estimates based on actual construction costs, rfght-o:f way and other area specific costs.

(5) If the [City/County] has accepted an improvement project proposed by the . applicant, then the value of the improvement shall be determined using one of the methods provided in this section. ·

(6) If the [City/County] has accepted right-of-way dedication for the proportionate fair-share paytnent, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at L_J percent of the most recent assessed value by the [City/County] property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the [City/County] and at no expense to the [City/County]. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the [City/County] at no expense to the [City/County]. If the estimated value of the right-of-way dedicatio_n proposed by the applicant is less than the [City/County] estimated total proportionate fair-sh.a,re obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair-share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations.

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for the development and determine the distribution of the impact fee revenues across the transportation system within the given impact fee zone, Applicants would be eligible for impact fee credit for that portion of their proportionate fair-share payment that applies to a segment for which the local government transportation impact fee is being applied.

J. Proportionate Fair-Share Agreements

(1) Upon execution of a proportionate fair-share agreement (Agreement) the applicant shall receive a (City/County certificate of concurrency approval]. Should the applicant fail to apply for a development permit within [12 months or timefrarne provided in the local CMS of the execution of the Agreement, then the Agreement shall be considered nult and void, and the applicant shall be required to reapply.

(2) Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be nonrefundable. If the payment is submitted more than 12 months from the date of execution of the Agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction

.. cost of the required improvement at the time of payment, pursuant to Section H . ,and adjusted accordingly.

Commentary: It is intended that proportionate fair-share contributions. be paid in a timely fashion and that they reflect actual costs as closely as possible. This section provides that if an applicant chooses to submit their proportionate fair-share payment more than one year after execution of the agreement, the local government will recalculate the fair-share obligation to capture any changes in improvement costs over time. Because this could increase an applicant's fair-share obligation, presumably it wo'l,1/d be in the applicant's interest to pay as early as possible.

(3) All developer improvements authorized under this ordinance must be completed prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed before issuance of building permits or certificates of occupancy.

(4) Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat.

(5) Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.

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from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may a1so be used as the 50% loca1 match for funding under the FDOTTRIP.

(2) In the event a scheduled facility improvement is removed from the CIE, then the revenues collected· for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of Section E(2)(b ).

Commentary: It is important to reiterate that a local government that enters into a proportionate fair-share agreement with an applicant is committing to improving the transportation facility in question within at least 10 years. Not doing so would raise questions regarding compliance, of the annual capital improvements program with the requirements of Chapter 163 as administered by the Florida Department of Community Affairs (FDCA).

Where an impacted regional facility has been designated as a regional\y significant transportation facility in an adopted regional transportation plan as provided in Section 339.155, F.S., and then the [City/County) may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under the FDOT TRlP. Such coordination shall be ratified by the [City/County) through an

. interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose.

Commentary: Local governments may consider establishing a method whereby an applicant who constructs a transportation facility that exceeds the applicant's · proportionate fair-share obligation could be reimbursed/or the excess contribution. This could be addressed in the terms of proportionate fair-share agreements and/or provided for in the proportionate fair-share ordinance. Below is sample language for that purpose:

(3) OPTIONAL PROVISION: Where an applicant constructs a transportation facility that exceeds the applicant's proportionate fair-share obligation calculated under Section H, the [City/County] shall reimburse the applicant for the excess contribution using one or more of the following methods:

(a) An impact fee credit account may be established for the applicant in the amount of the excess contribution, a portion or all of which may be assigned and reassigned under the terms and conditions acceptable to the [City/County].

(b) An account may be established for the applicant for the purpose of reimbursing the applicant for the excess contribution with proportionate fairshare payments from future applicants on the facility.

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The agreement shall provide for application of the methodology in this section to address the cross jurisdictional transportation impacts of development.

(2) A development application submitted to the [City/County] subject to a transportation concurrency determination meeting all of the following criteria shall be subject to this section:

(a) All or part of the proposed development is located within [fill in number] mile(s) of the area which is under the jurisdiction, for transportation concurrency, of an adjacent local government; and

Commentary: A minimum of one mile is suggested for the provision above.

(b) Using its own concurrency analysis procedures, the [City/County] concludes that the additional traffic from the proposed development would use [five percent or more of the adopted peak hour LOS maximum service volume] of a regional transportation facility within the concurrency jurisdiction of the adjacent local government ("impacted regional facility"); and

Commentary: There are many measures and approaches a community might use to determine whether an impact on a neighboring jurisdiction's roadway segment is significant enough to warrant further analysis for proportionate fair-share contributions. This section suggests a method similar to that used for DRis.

(c) The impacted regional facility is projected to be operating below the level of service stan¢tard, adopted by the adjacent local government, when the traffic from the proposed development is included.

Commentary: An accurate assessment of LOS impacts would account for the cumulative impacts of previously approved developments that have not yet been constructed.

(3) Upon identification of an impacted regional facility pursuant to subsection 2(a)(c), the [City/County] shall notify the applicant and the affected adjacent local government in writing of the opportunity to derive an additional proportionate fair-share contribution, based on the projected impacts of the proposed development on the impacted adjacent facility.

(a) The adjacent local government shall have up to ninety (90) days in which to notify the (City/County] of a proposed specific proportionate fair-share obligation, and the intended use of the funds when received. The adjacent local government must provide reasonable justification that both the amount of the payment and its intended use comply with the requirements of Section 163 .3180(16), F. S. Should the adjacent local government decline proportionate fair-share mitigation under this section, then the provisions of

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APPENDIX A: 2005 Proportionate Fair-Share Legislation

This Appendix contains the proportionate fair-share language from Senate Bill 3 60 as found in Chapter 163. 3180(16) Florida Statutes.

(16) It is the intent of the Legislature to provide a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. The methodology used to calculate proportionate fair-share mitigation under this section shall be as provided for in subsection (12).

(a) By December 1, 2006, each local government shall adopt by ordinance a methodology for assessing proportionate fair-share mitigation options. By December 1, 2005, FOOT shall develop a model transportation concurrency management ordinance with methodologies for assessing proportionate fair-share mitigation options.

(b) In its transportation CMS, a local government shall, by December 1, 2006, include methodologies that will be applied to calculate proportionate fair-share mitigation. A developer may choose to satisfy all transportation concurrency requirements by contributing or paying proportionate fair-share mitigation if transportation facilities or facility ,segments identified as mitigation for traffic impacts are specifically identified for funding in the five-year schedule of capital improvements in the CIE of the local plan or the long-term CMS or if such contributions or payments to such facilities or segments are reflected in the five-year schedule of capital improvements in the next regularly scheduled update of the CIE. Updates to the five-year CIE which reflect proportionate fair-share contributions may not be found not in compliance based on ss. 163.3164(32) and 163.3177(3) if additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the · transportation facilities.

2. Proportionate fair-share mitigation shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the local government's impact fee ordinance.

(c) Proportionate fair-share mitigation includes, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities and may include public funds as determined by the local government. The fair market value of the proportionate fair-share mitigation shall not differ based on the form of mitigation. A local government may not require a development to pay more than its proportionate fair-share contribution regardless of the method of mitigation.

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APPENDIX B: METHOD FOR COST ESCALATION

This Appendix contains a method to estimate growth in costs, through the computation of a three-year average of the actual cost growth rates. This will provide a growth rate that should be smoothed to avo_id overcompensating for major fluctuations in costs that have occurred due ro short term material shortages.

Cost,, = Costo x (I + Cost_growth3y,)"

Where: Cost,,= Costo = Cost_growthiyr = n=

The cost of the improvements in yearn; The cost of the improvement in the current year; The growth rate of costs over the last three years; The number of years until the improvement is constructed.

The three-year growth rate is determined by the following formula:

Where:

Cost_growth3yr (Cost_growth.1 + Cost_growth.2 + Cost_growth..;)/3

Cost_growth3y, = Cost_growth.1 Q

Cost_growth.2 Cost_growth..,

The growth rate of costs over the last three years; The growth rate of costs in the previous year; The growth rate of costs two years prior; The growth rate of costs three years prior.

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MEMORANDUM

TO: Joseph A Baird; County Administrator

Robert M. Keating, AICP; Conm'lun

.413 FROM: Stan Boling, AICP

Planning Director

DATE: April 7, 2006

PUBLIC HEARING LDR AMENDMENT

LEGISLATIVE

9A

SUBJECT: Consideration of Proposed Amendment to Chapters 913 and 914: Posted Sign Notice for Conventional Development Projects

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 11, 2006.

BACKGROUND

At its meeting of November 15, 2005, the Board of County Commissioners (BCC) considered a recommendation from the Planning and Zoning Cm;nmission {PZC) to require posted sign notice for conventional development projects (see attachment #1). Such conventional projects include preliminary plat and site plan applications that are not related to special exception use or planned development (PD) projects, but are subject to PZC review. After consideration of the PZC recommendation, the BCC directed staff to initiate an LDR amendment to require posted sign notice for non-public hearing projects that come before the PZC (see attachment #2).

Staff has since drafted an LDR amendment to require such posted sign notice (see attachment #5), The BCC is now to consider the proposed LDR amendment ordinance and is to adopt, adopt with changes, or reject the amendment.

PSAC ACTION:

At its January 19, 2006 meeting, the PSAC considered the proposed ordinance (see attachment #3). Under discussion, some members expressed concerns about the time and effo,;t applicants would need to expend to post signs, document compliance, and communicate with interested citize.ns. Some members felt that all inquiries should be handled by staff and some felt direct communication between applicants and citizens could be more efficient. Other members rejected the entire concept of posting notice for non-discretionary/non-public hearing items. The PSAC voted 3-3 to recommend that the BCC adopt the proposed ordinance with the caveat that inquires be directed to the Planner of the Day office.

F:\Community Developmcnt\Uscrs\CurDev\BCC\2006 BCC\Consideration of 913 :and 914.rtf

Staff has not changed the proposal that was presented to the PSAC. The proposed ordinance would provide for early communication between citizens and applicants. rn staff's opinion, such communication presents the best opportunity for applicants to make adjustments based on citizen input. The PSAC recommendation, if implemented, would delay such communication and direct citizen inquiries to the wrong staff. ·

PZCACTION:

At its meeting of March 9, 20061 the Planning and Zoning Commission considered the proposal

structured by staff and voted 6-0 to recommend that the Board of County Commissioners approve the proposed amendment (see attachment #4)

ANALYSIS

During consideration of this issue, staff expressed concerns to the PZC and BCC about a posted sign notice requirement for conventional projects. Those concerns are listed in attachments 1 & 2. Based on discussion at the November 15, 2005 meeting and the Board's direction, staff has drafted an ordinance that would apply to new preliminary plat applications and site plan applications that are not related to special exception use requests but do require PZC review. Special exception requests, and all other types ofrequests that require public hearings, are already subject to posted notice requirements under existing regulations. Such "public hearing applications" are not affected by the proposed ordinance.

As structured, the proposed posted sign notice regulations would require affected applicants to post a sign that is:

1. The same size and format as the type of public hearing notice signs posted by county planning staff. The size and format of the public hearing signs were revised within the last year based upon input from the PZC.

2. Placed along the front lot line of the project site in plain view of the public.

3. Simple in the information provided, using the largest lettering size (2") used on public hearing notice signs. The sign must state that a residential or non-residential project is proposed on the site, the project name, and a phone number provided so that interested persons may contact the applicant.

4. Posted early in the project application process and in place for at least 3 weeks. As structured, the requirements should allow a window of opportunity for interested persons to contact applicants before project plans are completely finalized.

In addition to these posting requirements, applicants will be required to submit to planning staff, prior to staff scheduling the project for PZC consideration, documentation that the sign has been posted for at least 3 weeks, and a summary of contacts from interested persons as well as any changes made by the applicant to the project proposal as a result of those contacts.

Staffs position is that the proposed requirements could create negative and positive results. Negative

F:\CommuDity Developmcnt\Users\CurDev\BCCIJ.006 BCC\Consideration of 9U ~Q 914.rtf

results may include miscommunication or mis-information between interested persons and applicants. Also, interested persons could become frustrated by the unpredictable timing of the development review process (projects languishing, being "suddenly revived", unpredictable scheduling for PZC consideration) and the possibility that concerns cannot be addressed; especially in regard to a "by right" permitted use project. Positive results may include having interested persons being informed early on of pending development. Also, input from interested persons could provide applicants with good "local information" about a site and surrounding area. New information and citizen concerns could result in positive, voluntary changes to project proposals.

In staffs opinion, the proposed regulations are structured to provide an opportunity for positive results.

RECOMMENDATION:

· Staff recommends that the Board of County Commissioners adopt the proposed LDR Amendments for Posted Sign Notice for Conventional Development Projects. ·

ATTACHMENTS:

1. Staff report to BCC regarding PZC sign notice recommendation 2. Excerpt from BCC minutes of November 15, 2005 meeting 3. Excerpt from PSAC minutes of January 19, 2006 meeting 4. Excerpt from PZC Minutes of March 9, 2006 meeting 5. Proposed Posted Sign Notice LDR Amendment

Indian River Co, Date APPROVED AGENDA ITEM:

Admin.

Legal

Budget

Dept. Risk Mgr.

I

F:\Comrnunity DcvelQPment\Users\CurOcv\BCC\2006 BCaConsideration of 913 and 914.rtf

INDIAN lUVER.,COUNTY, FLOlUDA.

MEMOR:ANl)UM

TO: JQ.sephA. Baird . 0oU11ty Administrator.

DEP~:fMENT Im.AD CONCURRENCE:

FROl\t:

PA'.O!:; . November 8, 2005

COMMUNITY DEVELOPMENT

·11 A ;L ..

SUBJECT: Consideratl(lt'I o( Planning and Zoning C~jn:mission Recommendation on Development J>rojectNotice ·· · ·

It is requ~t~ that the datahorei'rl presented be given fo+mill co't'lsiderationby the .Board ofC~unty · Conu:nisf!ione~ atits regular meeting ofNovemb~ 1s; 2005. · , ' . , .. ·

BACKGROUND:

At its meeting of September 22, 2005, the Planning iind-Zoning Commission (,PZC) reqUffled 'a planning staff presentltion on co;imty notice requirements. Jn: reapomi,, $~made a prO!)enta.tion on. notice requirentel!1tll to the Planning and Zoning Commission at its Octob~ 13, 2005 meefu!g (see attacliment #1). Aft11r discWJsing thema~er, the Planning and Zoning Comn;lission'voted.S-2 to

. ~~imq tha~ the Board of County ~ei!)tiers initi,te a. requiremenfthli.t1 for all projects coming be.ibre tlie Planning and ~ning Ci.nnmi~si9,~ tho ci.evelopm:ip.ud pos~ ~ s~ on the projeot site '.', ... infot.ining all abutters ofthepetiifingapplioation"' (see attachment#2),

' ' ,,

Pll!Ming stitjf is presenting this mllc~r to the Bowii of County Commission.er, so that the l3oard, ean . · consider the PJanriirig ~· Z<>nmg Con;imissioii'il recommettda:tiba·imd direct s:ta:lfto either take no action on the·recorm:nenda.tion·orimtiate a. land dev\;,lop~entregulation (LDJ;t) amendment to require the posted sl:gn '110tioe reoouim~ded bYthe Pl.anniitg and Zoning Commissiot1 •. · ' ..

~· . .

ANALYSIS: • Current Notice Requirements' ·

Ari. presented in a.ttacbm~. #1, · staff's position is that the oounty"s tun'~ noti.oi, req\!ii:emmts tippxoprlateiy distinguish "big picture" poUcy ma,ttffl, role-making, and exe;eptlons (oompreh~ive plan amendments, rezo:nit!gs, lDR ameAdments, PDs and.special exceptions) fro~ mor_e technical; "by rlghf-' proposals (site PW!.S for pmtted uses· and

.,. P;\Gommunll)' O•••l01>men\\U,~c"'1l002005 J3CC\OcvclopmcotProj001Notloo.nf

ATTACHMENT

·.

. '

·conv!lntional subdivisl011$), ,'.Based O!l:that dist;iiietion; citizeps and surrounding property own~s· are specifically· and inteiiti.ona.lly invite\i, to attend and provide input at public hearings on matters where the P~ and,Zomng Commis$ion and 1he Board of County Co:m.missioners have dis!Jl'CllO!l t.9. deny or .ad.d ilpp1'Qval conditions. CQnVets11ly, no special notice is' given Qn matters that are technical and on proposed. \1$~ f4at are pemiitted by:rlght Conseq_uen.tly, citizen input is invited for discretiona:r,t:m.a~ "!l'here·suoh ill.put ean have

'more effect. Itiput is not invited, however, where it"<\anhave little or no effect _on d~ions and lead to citizen frustration. . .

• ,PZC ~commelidatiou . . . As proposea, the Planning and, Zonin,g ·eomm1ssion's rc::c(;immended posted sign notice requiierncnt would affect all projects coming before the Pl~,and ZoningGommission, · including coi:nmeroial and institutional projects, as well as sit~specijic p,ub]ie hearing items that 11J;e altewiy subj eot io special notice requi.tenum~, Over ttie past 12 months, mom than

' 100 site-specific project items .1'\a,v'-l· been soheduled befbre the Planning and Z0ning Commission, including 34 public hearings, If the Planning and Zoning Com,missio11 notice · reoomm.endation. had _been, in effect during ihe past 12 :months, more than 6? µon-public . hearing projeot itllffl.$ would have been affected.

• • • ' ' I

. Although. ihe cont!lllts of the recommended sigil notiOl:I an\! not specified in the Plannlng and Zoning Comnuss;ion's recow:menda.ijon, ihere-was eom.e discussi911 about ooutent at tb.e bctoberl3111 meeting. :()ilrlni~~im. some i:ila,®ing and Zoning C~ionmeinber:s . indio!!ted that tho posted $ign. would simply mdioilte what deve~t wa,s proposed and pn:,vide a contact number for ilie de'l'eloper. Under such an approaob, the posted sign notice would encour~ge contact between d!iWelopers and interested persons who view the sigrt,

Stitlibas several concerns about the '1'$commel1dation; in~ludingi .

l. · The appropriate point in time and 1$llgth of time to have Ii. sign posted. If the posting of .the sign 1s to be related to the Pl~g ittii:1. Zonhig Cor.iitnission_ meeting at which the propo,~~ develppmt!nt wil! ~e disq~sedi then. thetc will be. ~g diffim4,ties. Based (in

· current.proced'lttattb.ne~es, thePlamiiug and Z9Piilg C~sionagenda for:oon-public . hearing ite.mii is notk.11.0wn until Friday ;1,ftemoon; six days prlot to the actual Planning and Zoning Commissil?Jl til.ee,ting heJ.4. the fQllowing ThutSday evening. '.two oft,hose six days

·· are not works d:!-y,{Saturdlj.y and Sunday), I.ind some ti.me$ a: tliird day (Mqnday)is a holiday. Th~ the.re ~ould '!>e 0M1 a few W9t~ days betwe~ the_ Friday afternoon J;hat the PJann_;,w lQld Zoning Commission agrmc\a. is ~ l1Il4 the Thursday evening mewng. • Within that short stretch of time, a devcloperwould. have to pi)Sta. sign; citizens would have to s_ee tho sign and contact tlie developer; the developer would have to explain. bis or her project and answet questions and/or refer citizens ·to county staff; and county staff.would rieed to :5.eld questions from citizens: . · . · · · .

If Signs ate posted without regm:d to a.J1Jam:dng imd Zoning Commission meeting qr prlorto a final Planning and Zoomg Comxnissioll apn.d;!. then it will be diflioult orimposrn'ble for tb.li diwelopor or cQ\tllty mtrto i:ntl:ii:m citjze:ns as to whc,:ii. 1111 ite.m, will be scheduled for Plrmning and ?,oiling Cc:immission consideration Recen:tly, it :Ii.as be00me ·inerei1$1ngly

F\\Communily D""'1opmenl\U"11\C\lrllov\Jec®O, Jlc;clDC'/cl<ipmOOI Ptoj<CI Nolloo.lll" . ' . . 2

·.•

. '

•·. ~; . ·. "··-· _,_. ':• ... . ... .r' /~ - ' ;,'•. . . •• + ••

. ··• .. , .. . ' '" .•. . · . : . , . .- · . ..

••,•

· diffieu:lt to predict the scheduling of Pl•g and Zoning Commission items, andsomewnes item~ ilte defmecl or postpoiie1t These iihoffllllllties' could oontncute to citizen fiustratlon if citizens desire to communicate concmis to the Plamrlng ancl Zoning Commission.

· 2.. Enforcem:ent.· To "prove'' ·that a sign was poSfed, staff ~eclions would have to be perfoxmed, or developers would ha'\'.e to provide pl.ctQrQS pf the sigp, . as posted. Consequenily, it would be difficult to prove how 101).g a sign was posted a:nd whether or not a replacement sian,(s) would need to be. pcistecf . ·, · .

· 3. I11£orm11-tion provided'to cltizells. Communicatlmi,behv.cen dev'1opcrs and.oitlzens c!lll be productive and oan~ead to better understanding. cooperation, and voluntmr adjustments; If the county req_uires a developer to.invite such co:rxununicatfon, ho:wever, the county ea:imot -guarantee the timeliness, quality, and comploteness of. the inf'Qtmatiol'l, provided. · }JJY promises or conditi.olll! made during suoh cOUl1'«Wlioations eould. not be required or cn:foroetl

· by th/ii ,county, although citizens could fflQneoW1ly Msurne that tb.e content '11d p,:Qli1ises made during all commwloations are sanctioned by the county since the CQ1111ty·required the ooxnmunicauon.. . . ' ' .

4. Jl',ffectlve)le$S, Based on· the previousl:r: stated'concems, staff feels that communications to .. citizet'IS could sometimes be mcompiete and contusing, Stich oommunicatiom wouldi;E14uire more staff' and Plm:ming and Zoning Commission 1inie to "$\1.'aighten~oi,it", and Would crl)a~ frustration for citiz;em, FUl:tbei:more, inviting citizens-to give input: on items over which_ the Planning and Zoning Commission bas little ot no discretion could lead to citizens being :lhistrated when their input hM 'little or iii:I ef&ot on decision-making-,., .

Based on thesfll conoffl'lS, ~taff concludes 1liat the Planning and Zoning Co:qunisskm's recommendation to requite posted sign notice on non-public hearing projects would.inadvertently oreii.te confusion and fi:µstration f:or ·citizens, applicants, stat'.f, and the ·Planning and Zoning •

. Comtnisdcin itself. Therefore, sta:lrdoes not support the Plalming mid Zoning's recommendatiOil.. ' . . ',.

· Staff reco:mmench that the Board of County Commissi~ers direct staff to tak;e no. aetiQ:Q. on the , l;'la:aning and Zoning Commission recommendation. · · · ·

' -1. Oi;:tober 13, 2005 Cdfuideration of County Notice R.equirem!i!llts StaiIR=Port 2. Excerpts from the October 13, 2005 PZC Meeting Mimrtes

rr====::::;=;====;;::::::::=:::::::=i Iil~ian J!.m,r Co, ·"'ppl\mld Dato Admlii. ' r----,1-----,--....,., ..... 1 . ,,

Leg-i,l ,.

. . ~ :; Risi<: Mgr •

. ' ~,\Ciimmunilj, Developmont.U,cr&\Curo.vll!CCll-00$ 1i10:::,0.•eloj,m"" l'l<>j<O\ Noti<.o,l'lf

PLANNING JVJATTERS INFORMATIONAL

TO:

DAff:,

INnlAN RlVEll:COUW.t'Y FLO:RIDA· . . !

ME; MQ RAN.D lJM . '. .,·. .

The H0110rabio MOI!lbets olthe Planning and Zoning Comtnission . . . ' .

RobertM.K · Cqmfuim:tiyp~elopm,e.nt :0 · ector · ·

Stan Bo~CP . ' . Planning :Ohcotor · '

October 7, 2005

SUBJECT: · Con.sideration ofCounty Notice Requirements

lt is l'l?tiu.ested ihat jhe di$; herein pre~e:o.1:$d be given fomwl consideration by fue Plan:tlitig ~d Zoning . Commission at its regulanneetmg. Clf Octo1;,er 13; 2005. , · ·

BACKGROUND '·

'A\ its meeting Qf September~; 2005, fue. Pl.mnfog at>.d Z.Oning dommi.ssfon req11,e$ted a staff presenta#on 9n not.ice req1lirements. This repott provides in:f'oimation for that pres~tation.

• Typ~s'andPurposes ofl'lotice · . . .

"No1ice" fbr planning it~s ean take many fomis. Prlticipall:y it involves conmct with oitizeo.sregarding · comprehensivi> pian amendments, rezoirlngs, imd developmel'.lt regulation (LDR) amendments, and

. devefopn'lettt1?~oposals. Typ~ ofnotfae include:

• Meeting ~chedµles (n~spape.i:, radio, TV, website), • 1\llevised ·ana videotaped meetm211'(TV, website), • Publi.s!.ied ~endas (newspaper, website); · ·· • Lists ofupl.lOIXliµg ppblic hearings (BCC agendas) • Legal ad~eltiswe.uts 1/,Ud. special section advertisements (newspaper) • Posted signs (si~'spl!CjµO) . • Ma;iled letters

·s~eral types of notieci have·.a. 1;,road ~udience. These types include published agerui~, website. information. ana advertisements. Otht1r notices a:t'(l:tl\tgeted,,iucluding sign postings arid mailed.1-s.

'. . ' ' ' . ' .

Notice pr.imarll.y serves wo pu1pos~ One is ipform.atioi:wl, ~d involves mnply deson'bing or explaining what is P«iPOSed. Many citizen ,;:ontai,ts with staff'i!lvolvc· IIJl. ex.~ of infottnati.011 where citizens Brl! .nei.t,b.~ for JlQr against a proposal but simply wish to know "what's goµig or/',

"', . · .. ·, . . ' . . ' '

. ,

l';',Clllnln"'llo/ Dti'MlopmdUlm\Cullm\l'~"-C•unt:Y NOlico ll<;qllhtmmt 10• \3-0S.rlf . ATTACH~,~-6

256

No~~ P~>'.~~l\fW9 purp0se~. One i.~ ~ •. and i.t!.volves .simply d~!\Crlbing_()r expla.inmg :,vlt~ ni. ~ppsed. Many ~tize11 contacts Wlth sW'f mvolve an exchange of infonnauon wh~e cl~~.~¢. '!)¢i~r (9.r nor against a proposal but simply wish to kriow ''what'$ gaing orf1

• ·

Anoth~ F1'.J.l\>$ei is.f~ 9i~ input, especiiµly when· policy issues,· n\l<:•tnak:Q1g, or discretionary requests are being cili#iliie:red. ·· . · · · · . .

Citizen fupt¢. ~t pr9vi~lol!I facts or tec®{cal mfomia~·can be used by deci.sion~makers for legislative and qu:ai!i-judlcil\1 niatters, Citizen input that provides policy opinions and reoomm.enda:tions on rule ohab.g/ils shQuld not affeQt quasi-judicial m~ers. Such policy input;. however, C8l1- affect legislative deoisiollS and can provide the impetus to make filtare changes to policies and rules. . ' .' . . . . . .

• Notice Reqni.-emen1!1 and Procedures

Notice requirements were last reviewed by the Planm11g and Zoning 9ommission in 1997 (see attacbi:ii1ents #l and #2). As a result of tliat review, soml\l ch~ges were made to staff procedure which are still in place today. Certain notice Iequireµ1ents are 1D.a11dated by state statutes. Other notice <requirements have bi:>en locally a,doptecl.1;hat go beyond 1he miqlmum state requirements. All notice tequitemetiJ;S mul!t be and are consii.i:1111ttly applied. Therefore, all similar application types ~ treated similarly. Co11!1eq;1.~e;,.tly, s~cial notice requirements 11re always followed .for those types of applicatio!IS· · fot v,,hioh the LOR.I, requite speoi.al noil.oe. No special notice is provldedfor those types of applications fur' wMol:i 11.0 special notice is ~quired in the LDRs. Such consiste.ucy ensures f'air and equ.lll treatment of applioantll bued ~n the type of application;

The following types of applica1iollll requite public hearings bef9re the Planning and Zoning Coil)llllssion an,d thi.l Board of County Commiss.ion'ers, and require legal advertisement (newspiipl:lI) and mailed notice to owners of property witbln 300' of ihe project site, if applicable:

• Comprehensive Plan Amendments (text changes and future land use map change$) • Rezonings . • Special Exception$ · . • Land D~elopme.ut Regulation Amendme11,tii (no mailed notice)

The county l:iils de1ro11.illed that these types of applicatioiis require special notice beoaWJe they involve decisions on policy, rule-making, or diacrctionazy matters. Citizen ini;mt is more effective in such. matters because decisions can be made that more directly respond to and address citizens' opinions.

" . . . The following types of applications are heard by the Pl.amung and Zoning Coromission and do not require special notice: . / . ~ . ' '

• SitePlails • Preliminary Plats • P:r~ioary PD Plans • A~~ve Permit Use

These types of matters ate quasi-judicial. . Thus, decision-makers are constrained to apply existing polioi~5 and ruk;s to these types of epplic\1,1ion requests. In regard to ihese mattµs, citizen inJ,1Ut.tbat

affectj ffllll$i~jµdl~!~ 4ec,isiQl!II is li~jte4to· f~tual,~d ~lini.Clll,,irrl'or~on. 'I'l¼uli, c\µze~ could becoµie~si:,:ated)f given sp®ial lioti~ ~d '.'.invited" tti, give opi¢ons, rather than factual .or technical info~ati!>Pci ni (iaji,es ·whe,r!'l su9q: ?ii!p.ion,s could. ba~ . little. ~£feet. '1:q a4cU#on. th~ ffi!\.tters are eol3Sidmd ri).Qte io~ aii,d, general,lyle!!s qf a 09no\ml than potiey, tlile !)1&king. 'or speciiil etception proposal$. Consequently, the county has ~eterinined tha.t these matien; which are quasi-judicial. do not require spel:lial nQ1i9e. ·

The att!leh.ild. ~ (~ee a~bment #3) illustrates the county notice requirements for various tn,es ·of applieatifJtJ,s l,'~ated to. planning mattE!rs.

A TT A:CRMENTSi

1. 1997 Staff Report on Notice 2. Minutes from 1997 PZC Discussion on Notice 3. Notice Requirements Chart

DATE,

!Nl)L\N lUVll COU!ffl!, JLOlUl.>!,

M:E MOR A :ND 11 M'.

July l 1, l !l!l7

It ill-reqU11$te~ dmt '111, data he,eiJ\ p111$ill'lted b~ glv,m funna!'eon!illeration by the Pl.tmnlng and Zonins C0lm0i.asfo1at it3 r,.,gulu meeting of 1\lly 24, l g97. ' • .

BACKGROUNl!,

Ovvthc lastl'l,w months Ptanmt,g aud Zonlng Colmn'bsi(in member Gene W'mn• b .. ~ iom• concerns. regarding notice and communleations related · to development proposals, 11t1d · the Coinm!.sslon bas weed to diJr,ua ·th"'"' QQll<lllt11JI. n-.... tDllllemll ""' ,. follows:

. '

l, PtovidirJ$ mi:n-c deti1illl in ~dinli prope,:ty owner (SPO) notic. lt11.rs s,nt. from su.ff'to cilizeos tbll1: ...., a<ljaoem to :ii'~ of proposi!d projects that t'"l,uire ii. public h<&itt!l, ··

2. Providing SPO ~tice letters to a broader_ area than the currently required 3.00' "notifitatio11 radius'' &.r0Md I proposed project site.

3, EnsuriJl!l that an adve,;ti,sement fur a pµb!li,. hearins befure th~ Bo..-d of comity Commlsslo1111n1 !bra s!Vffl projeot 13 Mt 1dvfflisetl-witll after lhe Plannlog and Zoning CQUllm.lllion hlllLrinS for the P~l!"t b.rst bcei1 hJld, , ·

4, Pro~di.ugPhml1lll& 8l1CI Zonblg Comimulon tM!llbm with staff's iepott and rccomtilendatio4 itetm that~ $ll:lli to the :Soard ofCo1,m~ Comm!sslontrl 111d lllat eo11tQ!n repr~tlon; of't'!ie ~ and .ZonlllltCommi•slnn•n:eriil:lm~ans. • ·

The Planmng and Zolling Commission ~riow to consider these issues and provide sl1lff direction In regurd to stalf prol'Oduru end polidtM tlw. r_lllQ!ll to Ihm~ oouccms,

ANALYSIS!

Tho bJr \'lOD<)em! ullder c1isC11ssion relate to '/i,lious typea of public heaiing tequdsts thahhe Plannlng u z.oning r.oinmlssion ,;onsid~ wb!oll inolude: eomprehenaive plill ammdmenti, ~ l!lld , special IIXIIOptiot11 (inclllding plamulcl 4~111), IJ~b guldl:d l>y spccmlo um. p,.vvl,ions (see ~#1) illNgVd to eo110C111S I and z. Co~ J 8lld 4 arc_llOt specifically addressed In Ibo LOR$ and l)l'C purely policr. and procedure imle1, iii thi$ jjme;, · ·

1

Stafi' s ov~nili objd'les bl reviewing a request au to 111eet or ~ alt' L~ proced\Jral and MJstantiv~ •emenu, Cl!BUl"C II thorough and ~ity reviow 111 an ef&ient end cost,.clThcttvc mmmer, and provid6 tor 1111 expeditll>tl.G t<MWI !11'1'1 comid!ftllon of aU ~•· Butd 11ppn existins . LDR requirements lllld &tllfFpollcles, the followirqi;"procedure$ 1ll'B now foltowed: . . 1, Milled notices info,:mation. Nodces inchlde tho~ ofthG pi:tiliolll!l'. a desorlption of the

req\leil " ... ill simple !CW. .. 111 the datdtlme/plaee \lfths public bearilla, 1111 [nvitistit>u for

pub1io C0tlll'Mllts, the project pltm,lu contupt phont ®lllber, JI. ecxitact phcn• llllmbor fi:i; any ADA (A.lneric:w with D!llabllltio, Ad-) a=odations needed (1ee attaolinient In).

' . ~

Peraons who call l""1 :,peak with th,; pmjll<ll pt.nner regarding detu&, and, In the.cast Qfsit. plm proj=ts, are s!Y\111 t'!ul oppoxtollilY to CQmeto the pllllltlU\!I office to l'fflllW proposed site plans with or without the proje,;t pl _ _., . . _

' 2, :ei.tcnt ohnrroundlng proport)' owne.r ndtlce. The IDRs cu.rmitly req\llle llllUled notice t,:, OWl!OlrS ofproplltt)' within JOq' ofa silt! tb&t ls the subject of a n,quffl i'ICJ.l)ltlng • public

· 11~ Tuus, staff mea.WteS 300' ft-om the pi:rlmeter of a pniject oi: Nil!Ol:\hl!! sltt and notifies tho, owner of aoy prop'erty·tb11t ill within or touches the- 30~ "Tildil,Jff •. Notloes are ~ about l ½.,2 weekll prlor w a public ~•aims t/.1ld II") mait•d 'Y\a certlfied,DlllJl. Cei:till.e4 XIlllil posmge alone ls $2,3'- per lotter.

3. . 'tlmlnt ~rp11bllc h.CN'lllg advcrtlseml>!lt,, ThelDl.\.s tequire n'1'1$papor advertls!ltnllntl . tQ b~ publi1'1wd Bl l1141$1 to dayil prior 10 tbe pi.jhllo hearing tioina advertised. · H<iwevar, t!\i!ire ate no ;LJ)ll. prtMllioru1 •a ling how !is.r apart in time a Board of Cllunfy, CommiHionen

" pni,llchoaiina ill held ldl:el- a l'llttlmJlg and Zonil>g Commission hearing oxi th.i aamo !~st In pruitlce, staff schedules requests .so that P)IIM!ng and zc,nlng ~on •tell (approved or d.rnft) arc mclude<! h\s!lrlt~ repon and-1'.'CQl!U'l'!"ruit!on tP the Board. SW!:' soxnetlmes "fast~• rcquc:sm resulting In a Boaiv. p\lbll~_ h~ __ a.dvmiseme11t boing

· publ!.Md the ~e d,ey .. or prlor to a l'lamiin.s lllld Zolll!ig Coimni..!on headn.!!, . ·

4, l1rtn11t.atlon of Plll!lnlng ~d :Unlng Commi$siou rcc:(11J1l11C>ncl11do11J1 to the Boai:cl or Col/nt.f Co1;mllit$lon~rs. PlllMing 11nd Zoning ·copmii:ision actiOIJII art reported within the body of lllllff'• repoi:t to lht Board and by attaching e:werpts of l'latuling and Zoning Co'caI¢ssion minutes to tho repoit- .

Ali!PN411J'ES 1, More do!lllled Sl'O letter lnlbrmation could be givenilr 1p¢ar l!QtceptiQns by includil\8_ more

detalle~ quontt.ti'll'II dilta (o,g. building 11rea. :impervious area inibroiat.lon). Mow cl~ ~ l>Xitt,ing ll.tld requested ..onms district roguiali.ons could be given (t.g: zoning distl;ii;t purpose 1111d hit<mt $cction 1111d 'lln table h:dbnnatiop), __ .

However, it liliould be noted that the ~ iettora ln~~ ~m~ to call tho projeot p~ with apedllo quostloN. Also, d has not bad 1111cl! in!btmatlon ro~ by intercstoli parties.

Sumnmdin$ JIRlpeliy owner nolice could be ll3!.pa.m!Oll beyond 11>• sixr'reqmment, u iii · already the we. (via. apeei!io land USl'I Ctiteda) for tall towi1111, Nolli:ea for tldl tovtllt pmposals go to ow»m b'YQnd 300' r;ince sueh propo,al& are oftou. In ruilll llll!ll$ whl:ro tbo noi:mal ioO' radius wwld usually eover i1111111)dialdy · ~ ~ea Ollly. _Staff's 11Xpe.ri.ende l'or mollt proposals it tlllt 1:1~gbhor:s quwldy :talk. with 111!Jgb\1Qril and. ~ · putiea witbln 11 wiw ma arouJld a subjeet projem HC1111 10 Nlly llnd -OU!: abl;)l1t and .

• I\QD!Jllent o~ 11 proposal, In staff's opin\OII; ~ ~ ~ of'nll'igbbors !hat !llll tloso by ll proje«. will most 1iJcely address OO!i=s of~ !hat a;o flmli;r away, _

2

• '

3. "Fast ttai:k!Ds" C011ld be ~led. ,omewhat by r•quli1as (by polley or~ !hat 110 Boud of COIIDly CCIIU1lission~ hetiillt ad~elll'. be p11blished p1for to the PJannins 1111d Zoning Co111%$sk>n. hl,.vlng for the saint project. Sullh II lill!ilatll)n would require abl:lll'I 4

.. mela bctwi)CII ~inll8 1ather tlwl 2-3 weeks, · ·

4. There JllllY be no !'eal4blo a!U:mllti'Y$s to the llllil'illtt wa.ys of prc,ienth!s'l;'litming alld Zo.rul!s Commlllliion reco1111!'1ondltll0llB to Ihm l:loard o!CQ'l.ll!ty Co11'.11Dlssionctt (vlritt,,n and '1lelbal report li1::lm Wlff and incluslon of 11\eellng minut.ell in pa.ck~). lequjxing the Pll!Ollin; allll ZOllh3g Coimilsskm to "l'll'<'iew' mltrcpotts prior lo~ them to th,:, Boan! 'WC\lld be cumbencme arid IIOU!d add a sl!!llitlCMt arll01ll:li of time to the IW!eioplllent 1111d rovifw !)l'<ICISS. ,

In sWr$ opinion, the existin11. W;tl ~~ and. proattlntos a~em sufllcieitit but oollld be· changed If !13• ~ t.11d Zoniog 0:>fflll1i>;sion ch)~ a need fbr certoin cbitt1e;es, ' . .

BE@MfWllN»AT.10.l'i::

Stall'tllllOtmlll!M!I 1M t1i,'P!anlllns 1111<1 Zo::iiilg C~n d~nc if olw:lges m: 11{:t:(!o:d to the . tool\ting pro~ and polidl!II discussed in this ~ort. If it i4 dct~ that,ehinge$ 111:e nee<led, tllo Coil1nlllllllouho\lld dlre<ltstll£fto implilm~llt $peci!lc ehanges•.on II trui1 basi.,, v,ith 11 futu.rc johi evaluation with tho l'J"'"2ing md sZcnms Col)1!tlij$lon.

ATI:ACRM'flll'fl'S•

1. Milll;,:INotlceLOll.l'!:o;i;SiOl)I', ·:l Malled N"otlce Slllll!'lt. . 3. li'llbli,be<l N~ Ad'lll>ttisemmrt S.wplc: . .

3

331 261

req1mtt4 i;bonge; p,,Wl4ed, ho that ~ _,..ml.)' Iota fl.I' ~l!l!Mls o£ ffl)' as the appll"""t =a:t· -ilN ""'Y h• i.t\Cludod ln a single 11• on It they ••""tlluto 0110 1:Ql1tlguo aru, Su~ re .. hall bo ..t,bllsh . y the boo:rd of Q()'UJlt:, cqJnmissim:ae,. · .

6, App/i«,11.on tim<! • ,lbllo,is. A......,.. !nlr~l~ddsv . ' 111i:i,lat1..:toxt amendmmt ~.tlm> ,.J,all bo ..,,,_ <lldend active q;r a p,,lod. of one :,oar idtM' It I$ oil itted to tl1' oo...,._un!ty d.volop1e .. di!po,:tm~ut. lf tbuppll• calioi>. la t complete or if 1ho b<iotd o( ew<mta' • OIW'I do~ .nJll; hol<l a pub ,iiu:!iig on the appll~tlon be-"" ot d•ijy• !,y the. •m>li<ll<lt, 1:be • 'oatial!. thbll. I><> tl>nni:wlt.:il cme ~ ar aftor the aiibmillal date, ..

(bl Si.ff,.,.,.,. Tb• .. .,..u.a):t;y development dei>~sballlumi t:.'IOll.-1:)' ('aO)wormg d"l'!' 1)0111 the ,late the """'Plotod ~pplication ..,d ,...qu.ll:od 11o,$ 11ro submltte4 to r,rr!ow and comment upcm the applicotlim, 'I'll• "'"""'l!llity \lJ:Y<lopmc,nt d•partmont shall ti,.,,,,; plac1 ¢. oo,nplcted a;ppUCQt!on 01:I tM :jge,:ida .t • n;,,l.,1Y •cbedllled · oouno/ pl~; ..,,1. _, •~on m~ pnvideil, bow<mr, e:.o fullowi,:.g notice MG pllbli,:,,tlon ""~~ts an m$1: prior to th• pul>lk b~ bl'lllire t!>a •~ planning ODd ~U: ....,.,;;,,;o..,,

Q) · Pii~IW..<IMl!oi,r-.q•~n~ The~ JD'-"'ity davolcpm..,t de),t?tment &hall · publ!ah tlJ• ,..,,;.a.i cco.llmte 0/: the applical;iOII, to~ wilb a mar, 11,41. .atmsthe w,m :j,ropooed to b1 n-..d, (l.llllp ~ ODq fqp,t~ ... q,i•ts all4 lll:ld development ropw.-1ionr 11mmd!,i...,,t ~ 'when ,tote i:or;ulat.loua require th, -l!"~liell!ng or ii map), atlea&t tc. (10) dlQ'll prior to lhc coun'7 ;,lAnii!,,; · ~ zoning ~tnn-s public hllwr OIi 1m, appliw.twll. =N• ll'loJ:!daSl:atntcs 111=,. date di:lforent IIOtloe reqi:dtet111J1t41. • ·

© M...a,,t; Mll<b; P<$1cl ""'• AdllitiallY, the WI!llllunit7 4ovolQPlD!!llt 4e•

. parlmeDt lhbll mail a 'll'l'itltu (<ml•

1\1.pp. ?la.24 902/H

fi.ed ?"""1:1 :rtoelpi, Teq1lllSteil.) OO\lrteq

l1Dtlct to ~ """''"'!I of PNwi:1 'Wi~ ~ hw,~ (500) foot Gt·tlu:£ outer limit< of tb11 ._.oa d .. .,..,;.a II, 1:bo petition req,,:e1m11g a <hai!go, advlelng oll•uohawn""' a&,illo\¥'11 "-P°" tho 1 .. 1 prepiu:lld md comp~ tu assessmentrott'ol'!'b, ol>unty, hi '""'!II•.,,,,, tho proposod. chuge md. the time MA t>I••• Qt' trn. public , II~ .In flit """'t lhat more th= l»ll (lO) lots or porc•ls ..-. l>'OP~•d fur ....,;lng, no• tffi<,itii;m •bllll lit by publloboi.l nRtl•• Ol!ly,l!orr~r~lt.!lthe<QXtlll>Unlt:f~i~al,jl]loi!i,:t and ~•"'!I.Y p1,,..,vp,ia 1be oubje<:I properly &.I least on• notieo 'l'lhtch sull conlcil> 'tho li)l\,iwlng mll>!'md• ti.,,; a. Mop ofpropert)I' wh!,h b tho eub•

joot ot lllll re,:c,nil>11 r,clltl<m; b. 'l'n••ul oonlng imil .. ljlleated re

""""'t >il1L'lttll;li,•lion: 111Jd •• Dat .. Of o<:h.cdu!od hoalin814

8, 11..u.,... m _proul44 rn,t!ce. 'l'hll !)l'OVi• sio ... hmof lhr inaijil,g IICt!ca ..... lli-

zec:tocy ...i,, """' tl;ji - i.. mJW .,..i,·,.ottcas lihall iiot,dlloot.-clmlll"' or am....i.o.e,,.t or said 1"l:l.d d""elop, =•nt raplati-. 'Mm,,over,xal!lding ~ req-.t,;, fall""° to. mm,ital,; a <:OllBPiOU0\111 II~ Oil 11,e propm:y ,shall n°' t,ffe,;\ ooiil requn., ·

(o) A.¢'"' 6J, plarml11$ ,,,1,h•nU!!f ca /.s,lon; M!.v tht publi<: b""""", t1\1 f\Y plM-Dlns ..,4 . zon!Jlr ...,,,,.;.. • &b.ill rep1'rl it. reCOl'lllllllidation, b · of CO'c11'tf oomm!Mioners :tor au 1clion. For nz,m. biil' "41'¢.<. 11. d of the ai,plioati1111> 1,y the cotliit,- p g ""d loNllll ..,;,,,,,i.., stOD., Wilen app du pro'li4ed lvr huelll, wl l>ow.ol.

(d) ~.Pwt O ...,.. i,j .r,1 ..... 1nc """ ...... Ulf ~ Ar>r appllcmt who t, Ilg, pm by a dooial011. ·o! the eour,.t.y 'pl.,..

· and il!ll!nt Q()mll).!sait,)>. nprding a 1 applioa.twn m:11 Iii. a wdttei,.

olloo of iz>!.&nt to_ appoel the -t.y plu,.

' .

332 262

•'

BOARD OF COUNTY COMMISSIONERS 184D .Ul4 Stred, l'!ro /il•.,.h, Florida 12'60

T.J.phono:IS,1)567-8000

June II, 1997

ThoK,n. T"tllmon 2089 lob.n S10we Road Monro", QA 306SS

Dear Mr. Tillman!

• ~ This i1' 11 ~1l~ 10 in.tom ')IOU, u.a $\1.\'IO\llldin,$ prope,rty 0W11er, 'U\111 Ja<>qjicl)'ll s. Reod. N I'Mtt~, WIS beel1 en,.ut,:d a public he1irin11; 10 consider >:etQttimflllldint (he adoption of a eo~i:r o~ rezomng land m,m A·l, Aa;rleulllmil District, (up to l ~t/5 acres) 10 R.M•8, ~ulliplc Fam,1)' RcsidODtilll Distric;t. The suijeet PIOJ/"'1,' Is Jo~tcd JI~ oou1hw..t l:Qfflei of 261h Street llld 9otll , Arenu,o and con'lllins +/·11,S ucr:cs. · · · : · ·

A public hcarlng at which pa,:t!es in !ntCICst !lild clti~ns sii.ill hay~ an opPQrtuplty to be beard,'will be held by tbe Plwtlng and Zoning Coinuilsslon oflndi1111 Rl:ver, Coumy; Florida, in the County CC>Ulm[$$IOl'I Cb.wben or !he Collllty Adlllhi.illml.t!® Bu!l~lng, lo;:o.at,d iii 1840 25tl\ Stteet, Vt:t:0 Beach, Florida on Thursday, Jwie 26, 1997, at 7:00 p,m, For moii= infonnation, ~onl$Cl tho Long, Range Planning Seciion at (561) 567-8000, ext 247:

~n~.wno maywim 10 ~ any docl.iw v,ihioh rxiaybc.mads ~ ttiis mMtiae: will need toe~ that a verba'iim record ofihc pmcioedings ls miidc'wbli:.!> incl\lde11 Ille lCillimol')' an!1 evidence .~j)(>n whJoh th• appeal will bi, bull!.

If you have recently.sokl yourptopeny, please llDtifyt.bis ofiice immediib:ly ~o that tbe nll'W owner, mayrooeiw J1C1tlce of1h!s ~ting, . · ·

AnYono who 11Citda a :ipccilll ai:eommoaatl~ far this meeting mul!t cc.ntact the couni:rs ~rlcam with Disabilities Act (APA:) Coordinator .at S67-8000, OX!. 223 at least 48 ho\U'S 11'1 advance of the meeting. -- ., ' ·

u\v\s\lsr.spo

·••J.

..

-· - ~, .. · 'i \ CG ' I

1 l l )

I

...

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334 264

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1" 1 .. Llct I ¢G .;:::,::.!3::p~ I •---...._-"1,

~M\oC'r-1,

Nonce -,veuc MEARING Nc,tlct of h'oorlog- lo . ccn,idtr

'"pmm111dl11g t~e odoption of o coulljy ordinon<e -ruonir,g loM from, CH, K.ia"'I C.0m111e<elol District to . CG, ·ueMtal C0:.11\MO<ciol District, The ,ubloct P'<>IWIY i, <>wood by Potrtoio R""11ne. Th• l11b\lld Pf0l>¢'1 ls locct!l<I on lht 9~00 bloc~ on ihe norlh sldo of $. l 60, west of 1,95, ond eontoin, opp,o,imolely, O.U2 ocre,. The ••~i<tt P">porty !lot 111 11,e nor,!,we11 ·1, •o<.1ion of Soetl,;,n 3, Towo•hip, ~3S, ,an;t 386; lylng o..t , being i~ Indian Riv..- 0:>11nty, '.

A P11bli( h1>0rin9 ot "hid, po;. I tle, ln d\tore:st Ind !iti1.ons 1hall · hovo on opponvnity lo ·be. hoard, j will be htld by I!,. Plaonil1<\1,<ffl<l,1. Zoni119 Commi11.1ion of todton Rivor Counl'j, F!o,,~o. In 11,e Q:,.;nty i <;cmmiuion C::hon,bon 6f the i Co,mry Ad.,1ni,lto1!011 S1,1ildlng, ; locot•d or I S.lO 25th $1r .. 1, V.,,o I !.+.och. i,.,,do• on· Th11rsdcy,. July , j O, 1997, 01 7 •00 p.m, For mort informo~on, contact John Wocl,tel at 56NIOO0, oldtnsic,, 2A7,

The Planning and Zoning Co.,,, miU,11';.nt mgy recommtt'ld anc,tfie,r ior.ing d:•1r:~. ot"h11 •liar.' th dis .. tiict ~t.q,.,es••d~ prOYi4ed ,,t is witbin t~ •ome eo.•r.QI •s• cct~ory.

>.r,,yQrit "'f'°IO 'TIOy ,.;11h to ppr,tol any dt~b,on which ,.a, lH, mode at this "1eliting will' Nied to enMe thot o ,orbc\lffl retard of tt.4 p,otOdine, i{ modo, whlr:h in~tudes 111'lme!ny . ond 1\'ldinct ,upl)n whi~h the oppeol ls bo,o_d.

An)'!>l1e who _d, a SJ!Hiol CIC:cotl'lmo-ch;:iTlon ' for this mutif'tg m,nt coll!otl t•e e.oonty's. Amer\, , c1n1 with O'oot:aiti11,- (,1.l)A) Cooi; ; dinotor · Qi !6,-8000, 11111nliot1 , 22J, ot ie.,,1 ,a 1ro<,r1· in 'od,a•~e ol~n,eelln;,

!•\lion Rlvor County Ptunnin~ a11d 10111"9 CommiHIOI\ 8y,•••ltland Gibbs Ir • . O..\lmoo.

luM 21, 1997 111 0?'1Sr '335 265

~engthy" discussion enaued ·~out making sura. that staff

i:,otifies a resident:ial a,rea if it g-oes beyol'ld _the 300 '. not,!;Uoa,:;iol\

Mr. Winne was disappointed that there we:e not more

,uggestions tor improvem~ne. He spok~ about two meeting, he had

atte.nd"'d where the Planning .-. zonil'lg C<>mmisd<:>n' · was II majo:r .

In both gr<llips they ,hlld tl:te atUtuc!.e that it was not

worth wasting their till!" cC>llling t"O PlaMi.ng ,.· Zo~ing COmmtsaion . ' .

. meetings.

impaat,i,<:1, i1:s vote.

~r. Hatrtner interjected that with the staff's pl:'QPOS~ls, it is .. .

vei:y rare' that this Board i,.bsolutely turns them down,

r,ir, !linno, hoped .to improve the :Public percapti"n of staff,

wlrlch ha& not alw~ys be~n tbe g:i-.ateot because ot c~mmunica.tions: ' .

1-1>;; F:eati.ng pointad QUt thllt:. t:.he e<>ur~a have ape>cifim,.l.ly s;!!id,

, .that g_ove:rnmental bodi<10 cannot 1!1llk~ <:!Gc:l.sions by .= ap!i!lause

mete~. Mi!li'.ry people think that if there is a majority of p~~pla

here at a meeting that e:x:press•a certain opinion, democrac::, #hOUld . . '

dictate tbat the votn shoul4 go that way.

Attomey "Collins interjected tru.\t majority does .rule whee you

are l\lil.i:>!i'ting t~ l.llWII but <moe the laws a.re a4i:lptad and the. rules

are set, then they have t-i:, ~ folio'lfed., one Q;u:,not ubit.rar:l.ly

apply them to cn.e pe=n .ud net the other. . ' ' ~· Mr. WiMe etat~d th.al: there is a lot cf qualitative lang1.1age

in thEo ;I,PR.$ when it comes to c,ompat:l.h:l.lity and the :l.1n$1act on a

n•ighborhcod of a special ,e><Qaption or a ;cni"$ chlMige'. . '

'11

. I;.,

33'6 266

L+1 er: t 141' rn '¥rd'. ' - ..... '

'" . . '.

that t.·his :eoar<S 11111.l(H are not on the :l.ndiiridual cil:e r,lan11 dn a.

cl.aY-to•daY level, but on tbe LDRs and-the Comprehensive !lan . . .

Mr,•M=Namee commented that th.ere were fflany people ill Win<l.llor "

,.nd Indian P.:l.ver Sho'IIH who were well beyond the 300' who wel'/e

-dist:i:essed that they knew nothing about the hearing· on the Dioney

p:rc;il1ic:it, They felt' that; they we,:e bltnd-aightad, Gr!!<at prwess

hU beon m"'de · ~il\Cle th.on boc,ause. it is Btaff' s poJ,icy i:.o ad.V:I.AO

Indian River Sho:ree of itfl:.lU that could be of interest to them,

~. Ke.at ~ng r11£11tr:p1,cl to tbe Inte:,:ogovernmental ,GoVernmental

Ooord.ixmtion·iiement and stated tha~ ~taff :I.• fo,;using on those

poli~ies and wants to have a bett•:r ·relationship with the local

govexnments *

M,.., M<::Ncl.rnee 11oted that etaff contacted Indian Ri:ver Shox-ea

staff ,_.eial:'1:ling the Bee~e:i: pn,lj>oQal ~d th•Y were pleased to be

advi$ed1 ~• felt.that it ns good cornmunic-tion.

Mr. Wi=e pointed. out that 0ne of the otb•:i: oot\'lll\unitie:S ill the . .

i,.rea was not notified but residents \'lid a:rrive·~t the moeting •

la~e 1LT1-d \U>p:tepax-td,

Attorney Collins stated that he xec<tived a list ot 1111 the

developm~nta goini on':1.n the area f,..= ~. Doling. Since• we have

the puhlia access te1evisic=- whiC!b displays the agenda;, it might "

l:>e p,;:,!!lsible that the info:i:mation could be ahown. on t•levisl.i:m so that the· c=ity at lari;e would

0

bave notice. Xt is a tool that ' ' . _,,,.. ' . '

~ht. l:,e UlilEll:\\l- to get the woi:d out at a liwel of de~ail more than

th& s)ttio1.lllding·property owner notiaaa,

Mr, Uating stated. th.at ataU wu eonsidering ~anding Mr,.

Boli:i:1$''G ffiemo into a quarterly publication that featured

d!We.l.opmm:it aotivitiH1 aom&thill9' that is a<1eily :reada»le., He aleo

talked abou~ the county doing A WEB site because more peopls are

)!)ecoming ,:,i:,n;,uter-liura.te "nd acec,ss.tng the tnearnet all. the titno,

Lengthy d:!.scuQsion followed abouc. a publication of devO!ldpment

activities as we~l as notificati<m to property owner, fiu,~her away

than 300' from the preparty being considered on an agenda. . ' .

Mr. Winne sugg111Dtecl a;tutinS out with l tdal !','uiod and uG:Lng

judgm,mt whether or not to e:,i:pand !:be di.stance of notif:ica~i<>n jUllt

t:o see it it WO'Uld solicit more :i.iwut fl:'om t.he publ.it1, 'I'lla t,pJ(s . . .

it was determined th~t ~t W~$ comparabl~ to th~ other counties.

Mr, 1al1s asked if the appl1oation•fee is used to fUl).d th.I!,

Mr, ~eattng re...,o~d in the a:ffinative.

Mr. Falls liked the id¢a of using the.public ~ocess channel

wl)e,ce l!.b." agendas could be so~1led;' staff• could •flag" th" public .. . ,,, ' ,, . hea~i~~~. More people had access to televisiQD. but 110t e,verybody

Attorney Collins interjec:tcd t'.hat anothe'r w-a.y t:o keep doWI;1 the.

?o_iet is to use regula:r mail, instead of oert:l.;l!ied mail, WMn

notifying l\<IOa,,:"b:{ i:e1.id!!llt~.

The Board concu=ed .. ~ith the idea.

Ml<'. Winne: would like to aae. thill Board t.i<:e 110111e directi,:;,n to

show· that it is interest~ in the •public• s dde of life, not :lust

t.be'developer1 s side.

Diacuesion ~ollciwed~bout·putting ~ropertyow,:,,era usociatione

and o~iiii.t:i.ona: on a 111;,,l.Um1 list, wh:l.oh WOllld solve 1101110. pf tha

notitioation pr9ble=_.

·338 268

Mr, Sol.in; e01111Minted about the timing of 'pu1:,uc · hearing

advei:1;.'isementlil ·and the· i,re.entation 0f. l'll!.llni,ng &.' Zoning commh:iion . .

r~commend:ations to the-B<:>ard, In the past, staff has faat~traokad

pa'.t't;icular appU<:adona where ehe Planning &; Zoning C01\\11\i9iilion

hearing 111,;,.y ha a few days afteer a.n ac1,;artha1Hnt · h&1 .beel:I.

p\lblisb"d, which ~o,,,.i.d bo eonfusing. The li111icing f1:0t0r is Chae

~thini;i is in the LDRs ·to add:i:e~s it, ~uat that the Planning , .. . .

zoning commiHl..on 111inute1r· are given, t.o the Boa.:r1d of COU!:!ty

Commissioners.

meetings, it would l:,e 4 weeks, Staff's agell.dll !temo to the Soard

of Cfu:t>Cy C<lmmiiil910tl summarizes th.Et Pla:nning &;,Zoning C<:>l!lll\:l~aion

Attiorn<!ly C:Ollins. commE!tl.tad t.hat staff eoulc! <iopy its agenda .

pa,;kat e~ eha Pl.""-'l-ing I< zoning• Commission Md $.f it felt its · ·

po$1t1on was not fairly rt.presellt.eo, the Bou:d mellil:>~r• could attend ' . tho :e:oa~d ot CoU.T.1ty commtssion meeting.

Mr~ W;i.JlXl.&" noted that ii;, Wll,S exact:1,-y what !;,,!, l)ad reque8ted, lie . . ,•

did' not want to · delay a ,:$~Ht to the l!oard of count.y

~end.a at the name time.

~i,ouoeion aw.ued alona thoaa lines.

Mr, Solin!? suggested that tha time ·to requeat sta.ff'B report.

· · to the Board <'If county ColMlisdon is at tbe end of th.is Boan!! a . . .

meetii!.g undar •comm!.H:j.ciner• m Mattere, •

f0ll0Will!;r item11 '

:I.: · lle;-11.rdin; the su=undins prope:cty ow,;,.r,, notice, 11taff

will ;,pply a policy, wJ:,.i<,1)!.. Q,;u,. be :reevaluated, and that . . 1:h,e 300' notice will contiuue to be ,sent by certified.'

. mail. · ·If ie. i!loesn•t rea<lh in any pa:ctioula.r dire.ct.ion

away fr,:,rn the aub:IE>i=t. property in a resiqen~l.al area,

stafi will do a courtesy notioa by regular mail to the

nax:t adja.cent re~idQ~tilll area.

2. ~er a rn~mber cf this aoard to obtain a copy of staff'o

report to the Board of County Commission, it'could be

· the m'"eting, ,

' . ' ...

340. 270

INDIAN lUV)m COUNTYNOTICB REQUIRBMENTS . ·-· . .

*PZC •i:ico . Newspaper -. Mailed Nqtice :Posted Public l>ublio, .. Notice . to ~unding_ Sign.

' Heln"lno- . Hearin;;. .. · Ownerll 1 Comp_re'\!.ensive Plan Text 1/. I/ .... - . '

• es z Future t.a:nd Use Map . ,I I/ ,/ ti ,/

Changes . 3

' . ~ • ,•; ,/ V .... ,/ "' 4 1 Meoiiil Exe....,tion Use/PDs 1/. v v v I v'

s Appeals .1: (public . (public ~ discussion) discussion) ,

6 Vatia:ttees - II' 7 Rl.ght-i:if• Way abandoM'.\ents ' v v II

~,.,,1 PlatVacatiollB . '

8 WR .Chan£!es''"" ,/ v ii 9 "QR.Is {usually ac9ompiq.ded . '

· by applicati,orl: requj'ring I/ . .,, ' M' ' ' · additional 11oti.ce l '

No special notice re9.11ired <il.' provided for site plaus1 preliminary plats; preliminary PD plans, or administrative pei,nit Ulle requem · . . · ,

' . . ;

*Note; All Plmnmg:and Zoning Connnission and Board of County Commill'Sfoner meetings exo noticed Ill the ttewspaper, televised; and videot.aped (website). Meeting agendas, packets, and n,,inuw.s are available on the cowty website.. ·

. . **Note: LOR changes are also teviewed bytheProfessiona:l Services Advisory Committee (PSAC) at noticed,' public meei:i:ngs. Meeting age11das, packets, and minutes ato available on t'!ie OO\l.tltywebsite

( ..

-l'~lf ti,,,,.,iop-,\\v~imi1e.n-nev\'P&m00S\Counl)'Not1ce Roqulmnmtct,..t.rtr

;

. .

. .

Mr. Christopher asked to. be provided wtth, baokgrot,md materials on the consultant. Mr. Baird opined it woul~ not be appropriate for advisory bo~rds choose a consultant. tylr. Christopher stated he was not trying to do that, he was just requesting background information on the consultant. . . ' . .

Discussion w.as held regarding 'the experience of the consultant· and previous studies he had performed. · ·

. .

. Attorney ColHns Informed the P&Z. he had revl!,')Wed t)ie ·statute on · Reques,s For Proposal.a (RFes) and for a ~tanning Stu!'.fy, He advised

· RFPS had to be· done when the study activity fee was going to exc.eed $25,000, but the $15,000 fee proposed by the co.risultants the County had contaoted would be well below that amount. . · · · ..

Chairman Keys !ii:lked if the P&Z wo1,1ld be allowed to talk with the consultant before the joint meeting. Attorney Collins ~xptained the ~dvisory committee resolutions stated the members of a·committee·should not deal directly With anyone providing vending services to the County, and they !i!h0U(d go through staff. . . . .

Mr. Baird pointed out all matters coming before the P&Z. until a consultant was brought on board must b~ judged under the rules currently in pt~ce. · · · · · ·

Chairman Keys commended Mr. Mora for his hard work.

· Planning .Mmter&

Mr. Boling. reviewed the ·material contained in the agenda packet . . concerning public notice requirements, a copy of which Is on file in the Commission Office. · Mr. Boling stated the types of notices used by the County-were as follows: · · ·

Meeting st:hedule1:1 published in 'the new'sp1:1,pers, television, · radio and the IRC website.

P&Z, and B.CC meetings were televised and videotaped and were available f.or replay over the local cable television station and the IRC website. ·

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Published agendas appeared in. the newspaper and the !RC website. · · ·

Lists pf upcoming public· hearings· in the newspapers and. on the IRC website. ·

Legai,I . adven;isements . fqund in a special · section of the · news.p~per; pl::>sted signs on sites . requiring sign notices,• and maile4 letters to surrounding property' owners.

... . ,·. ' ·, . . ... . ' ,'' .

. Mr. Soling .. ewlajned .which· 'items . requlr.ed · each type of advertisement. . Mr. Fletcher inquired what the· radius was when notices. were mailed c;,uti Mr.'. Boling replied .for" most liotlces it was 300 feet from the pertme~er boundary of.the subject site. · ·

. Chairman Key1.fasJ<ed hoVII far in;advanoe of the meetings the notices went out. Mr. Boling responded ldeaUy it was 10~14 days; ·

Mr. Hii!,rnner nbtea· 'tne cUstance frcnn tne perlm~ter boundary had been discussed previously, and he felt it had been Ironed out fairly-well. He inquired where tf'.te money came from to pay for the mailings. · Mr. Boling responded the cost of mailings was Included in the application fees. ,, ' . ,' '

Mr. Christopher oplnetj a mi:tilirig shoul~ be sent to all abutters of · property coming before P&Z where legal notification to adjoining property owners wa,s.not required. Mr. Bruce agreed. ·

' . ' ' '.' . ' ( . -·.. ' '. .·· .. ''

Mr. Hamner felt the current notice system worked fairly Well and that large signs ·with• clear . writing posted on proposed slte.s would be, more ~eneflclal. · · · ·

Discussion· was held regarding the malling of notices versus the posting of signs. . ,,.: ,,

· Mr. Soling . explained staff did not want to invite people Into a frustrating situation on items that were.n_ot public heatings. He continued an informational approach was. one issue, but lh\llting the publlci' to come to a

. meeting vyhere.theri:i wer• was rio publip lfliJUt·orr:declsions made long ago and not ourren,1y before the P&t,, woulq be· frustratfng. Even though.

. ' . ~

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people .could. ask. qµestions, and rr,ake · comments, they could not make changes. . · · · ·

. . A lengtby ql:roussion was held regarding what thll) P&Z was . speclfioally asking for In a recommendation to the BOC fpr staff to utilize for notifications. · · · ·

ON _MOTIOtfev Mr. C~ristop9er; SECOND!ap sv · Mr, Bru_ce ~o recommend·to the B1:1ilrd ofCounty . Commissioners that . on all · projecte coming before the ~&:Z nototherwise noti0ed1 a siQn be post~d by the. developer on the proi:iosed site · informing ~n· abutters· of the pending application.

Under• dispussion, Mr. Hamner stated he could· not 1:1upport this motion because he felt the notice, system currently In place work!;!d. ·

THE MOTlON WA'$ CALLED and passed wit!i El vote· Qf. (5-2). Mr. Hamner !3nd Mr. Ch.isholm opposed. ·

· Mr. Chisholm reported the reason he Voted against the motion was when he oame on the. P&Z he.w~s asked to abide by the rules in place and he did not faet it was necessary to ct)ange those rulesi

. Chairman Key$ noted there were people present regarding the Pullin projeo.t•which was not being l:\&'3,rd atthis meeting. $he was given a letter which would be distributed to ~he i:,&Z after the meeting 1:1,nct·a copy is on file in the Commission Office. . .. . .

Jtemr; Not On Consent . ' .

Chairman Keys!'read the following into the record:

A. . Vero .Vlll~ge: Request for preliminary pll:lf: iapprova:I for an 83· lot subdivision to be .knQwn as Vero· Vlllag.e. Paul Schwartt., Owner,. Knight, McGuire & Associates, lno., Agent. Located on

·· the south side of 37111 Street, east of 66th Avenue.. . Zoning Classification: · RS•S~ Resl_dentiat Single-Famlty (up to 3 .

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11.A;2.

Chairman to sign the same,

memorandum ofNovemb

TifB OFFICE OF 111,E CLERK OF TifE BOARD

PLANNING AND ZONING COMMISSION ·.

the

RECOMMENDATION ON DEVELOl!MENT PROJECT

NOTICE - POSTING SIGNS Planning Director Stan Boling reviewed his report displaying a chart that

summarized the development project notice requirements. After hearing llUIJlY complaints. from

.citizens regarding no notification ofland rezoning requests, the Planning and Zoning

Connnission (P&Z) voted 5-2 to amend the LDRs initiating a requirement to post a.sig11 on all

project sites coming before the P&Z. Staff disapproved of any change to the notice

requirements. They were concerned with the details of when to post the sign and for how long.

They felt the County would have no control over inform~tion that would pass between the

developer and the citizen, and they did not believe it would be effective:

Commissioner Wheeler recoiinized the importance of having public input, but

shared concern with that of staff on how to control the posting and removal of signs.

MOTION . WAS MADE by Commissioner Wheeler, .

SECONDED by Commissi,:mer Bowden, to approve tjle

Planning . & Zoning Commission recommendation to

amend the .LDRs initiating: a requirement to post a sign on

. all rezbni'hg project sites coming before the ·P&Z that will

not require a public hearing.

November 15, 2005 21

. ATTACHMEil15 2

Commissioner Neuberger felt they were adding another layer of government that

was not necessary.

Director Boling relayed the most effective communication is someone who comes

in and looks at the site plan or calls over the phone. ' .

Bob Johnson, Coral Winds Subdivision, supports the P&Z Commission efforts

because it is going to directly impact his family.

Ruth Livingston, 65$ SW· 1,0th Avenue,expressed concern at not b~ing notified

when the property they were living on was being rezoned.

Donna Keys, Chairman of the p&z Cgmmis$iori, statedlast year staff redesigned

signs for rezoning that were reasonably effective and the P&Z Commission felt this would be an

easy solution to-the problem.

Commissioner Davis did not find the sign to_be an effective Way to obtain citizen

input. He was concerned that residents woµld be, contacting the developer and, if misinformed,

·that communication may become counterproductive.

Discussion ensued.

Joseph Paladin, Chairman of the Growth Awareness Committee felt the County

should be the source of information for any rezo~ing. ·

Bruce Barkett, Ajiomey, felt the sign should state when and where the rezoning

will be discussed advising the public what can be accomplished at the hearing.

The Chainn:w. called the question and the motion passed,

4-1, Commis~ioner Lowther opposed. (The E)oard

approve~amending the LDRs to initiate the reqµ.i.rement

of posting a. sign on non-public hearing projects, as

recollllll.ended by the P &Z.)

November 15, 2005 22

276


There was a meeting of the Professional Services Advisory Committee (PSAC) 6n Thursday, January 19, 2006 at 12:15 p.m.· in the First Floor Conference Room "A" of the County Administration Building, 1840 25th Street, Vero Beach, Florida.

, Present were Chairman Peter Robinson, Development Appointee; Vice Chairman Warren Dill, Law Appointee; Ken Grudens, Environmental Issues Appointee; Rodney Paradise; Real Estate Broker Appointee; John Blum, Civil Engineer Appointee; Alan Schommer, General Contractor Appointee; and Stephen Moler, Engineer Appointee.

A_bsent were George Kulczycki, Forester, . Biologist, Botanist, Horticulturalist, or Arborist Appointee; Todd Smith; Engineer Appointee;

· Robert Gaskill, Architect AppointE;)e; Robert Brackett, Finance and Business Appointee; Frank Johnson, Engineer/Surveyor Alternate; Mark Scott, Small Business Owner Alternate; and Robert M. Poore, Jr., Finance and Business Appointee Alternate (all E/Xcused) ·

Also present were IRC staff: Will .Collins, County Attorney; William DeBraal, Assistant County Attorney; Joseph Baird,· County Administrator; Michael Zito,. Assistant County Administrator; Stan • Boling, Planning Director; Bob Keating, Community Development Director: Roland DeBlois, Environmental and Code Enforcement Chief; Sasan Rohani, Long Range Planning Chief; and Darcy Vasilas, Staff Assistant. IV: Others present: Joseph Paladin- and . Bill Beardslee, Growth Awareness Committee representatives; Nancy Offutt, Treasure. Coast Builders Association representative; Penny Chandler, Indian River County Chamber of Commerce representative; Attorney Bruce Barkett, interested citizen; David Ederer, Developer of Mandala Club; and Henry Stephens, Press.Journal.

Call To Order

Chairman Robinson_ called the meeting to order.

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Mr. Keating. explained the formula used for ca]culatlng pi-6 - ionate share.

Chairman Paradise asked if staff supported th ordinance. Mr. Keating replied in the affirmative. ·

A lengthy discussion was held regardi how the changes would · affect the developers. - · · -

Mr; Moler asked if the adoption· he ordinanc_e affected the payment. of impact fees. Mr: Keati'l,g respon · d in the negative.

_ Mr. Joseph Baird, IRC aunty Administrator, related this ordinance gave the developers ano er tool to help solve the problem of .obtaining their concurrency by p ng their share ofthe costs to improve the defit:ierit roadway segments t ir projects would impact. ·

reported all links must still meet concurrency.

N MOTION BY Mr. Moler, SECONDED BY Mr. Robinson, the members voted unanimously -(6-0) t9 recommend to the Board of County Commissioners the · adoption - o.f ·- the Proportk,nate Share Ordinance as presented. ·

C. Amendment to Site Plan: and Subdivision Regulations: Consideration of Posted Sign Notice · for Conventional Projects

. Mr. Boling related the P&Z and BCC had directed staff to 'move \ forward -on the Posted Sign Notice for conventional projects going before \ the P&Z for approval. He explained the P&Z wanted projects that were not

public hearings to hav(;',! signs posted on the property to give notice -.of any .development project proposals. The signs would include the developers' phone numbers for people wanting more information on the project.

Mr. Boling reviewed the negative and positive results staff felt may be encountered with the sign postings, but stated overall it was staff's opinion the proposed regulations were structured to provide an opportunity for positive results.

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\ 278

Mr. ~cling presented a sample ~igp and explained .the signs would be posted for a minimum of three weeks and the developer would provide a brief summary of contacts they had before they actually came before the P&Z.

Mr. Schommer asked if the slgns would be'provided by the County. Mr. Boling responded it would be the responsibility of the developer to obt~in and post the signs, following the criteria provided by staff .

. Discussion was held regarding the· necessity for the developer to provide feedback. ·

Mr. Dill' stated he was a proponent of notice and was in .favor of ttie Posted Sign Notice. He also felt the developer should not take the calls, but the calls should come to the Planner of the Day on staff. · ·

Mr. Moler thought it would be too cumbersome to monitor and the administrative aspeots were overwhelming. He felt there were enough avenues available for n?tice and the signs were not necessary.

ON MOTION BY Mr. Moler to recommend the ordinance not be adopted. THE MOTION DIED due to a lack of second.

ON MOTION· BY Mr. Schommer, SECONQED BY Mr. Dill, the memb~rs voted (3-3) to rec~mmend approval of the Posted Sign Notice to the Board of County Commissioners with the caveat the signs be provided by the County as part of the fee and the information phone number posted on the sign be the Planner of the Day. Mr .

. Schommer, Mr. om and Mr. Grudens voted in favor of the motion. · Mr. Moler, Mr. Robinson, and Chafrman Paradise voted against the motion. Since there was a tie vote, the motion failed.

D. Amendment to · Home District Regulations: Considera o Allowing Single-Family Homes on Lots in

hit.:.-"Ron,e Districts

PSAC/Unapproved 9 · January-19, 2006 C:\Documents and Settlngs\stan\Local Settlngs\Temporary Internet Flle$\OLK4E:\Min011906.doc · ' . ' '

279

PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (P&Z) on Thursday, March 9, 2006, at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1840 25th

Street, Vero Beach, Florida.

Present were members: Chairman Donna Keys, District 1 Appointee; George Hamner and George Gross,· Members-at-Large; Craig Fletcher, District 3 Appointee; Scott Chisholm, District 4 Appointee: and George Christopher, District 5 Appointee.

Absent were members: Vice Chairman Bob Bruce, District 2 Appointee and Ann Reuter, Non-voting School Board Liaison (both excused).

Also present were IRC staff: Bill DeBraal, Assistant County Attorney; Joseph Baird, County Administrator; Bob Keating, Community Development Director; Stan Boling, Planning Director; Sasan Rohani, Long-Range Planning Chief; and Darcy Vasilas, Staff Assistant IV.

Call to Order and Pledge of Allegiance

Chairman Keys called the meeting to order and led all in the Pledge of Allegiance.

Approval of Minutes

ON MOTION BY Mr. Fletcher, SECONDED BY Mr. Hamner, the members voted unanimously (6-0) to approve the February 23, 2006 minutes as presented.

Public Hearings


A. [Continued Item] Consideration of Proposed Amendment to Land Development Regulations (LOR) Sections 911.09(4) and 971.41(10)(b): Allowing Single-Family Dwellings and

P&Z/Approved - 1 - March 9, 2006 f;\Community Developmenl\Users\CurDev\P&Z\2006\Min 3-09-06.doc

ATTACHMENT 24 0


ON MOTION BY Mr. Fletcher, SECONDED BY Mr. Hamner, the members voted unanimously (6-0) to recommend to the Board of County Commissioners approval · of the proposed amendment to Land Development Regulations Sections 911-09(4) and 971.41(10)(b) as presented by staff.


-~ B. [Continued Item] Consideration of Proposed Amendment to Chapters 913 and 914: Posted Sign Notice for Conventional Development Projects

Mr. Boling presented the information contained in his memorandum, a copy of which is on file in the Commission Office.

Mr. Boling showed a sample of the sign to be used for notices. Information would include the following:

RESIDENTIAL DEVELOPMENT PROPOSED ON THIS SITE

FOR INFORMATION CONTACT: · (insert applicant's phone number here)

(insert project name here)

Discussion was held regarding the signs that would be used for the various property uses.

Mr. Hamner stated he was not in favor of the posting and hoped if there was not enough response, and people were not taking advantage of the postings, they would be pulled out.

Mr. Chisholm felt staff was already overworked and he did not feel the signs were necessary. ·

Chairman Keys opened the public hearing at.7:25 p.m.

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March 9, 2006

ATTACHMENT 2.11

Ms. Nancy Offutt, representing Treasure Coast Builders Association, opined the signs were just another bureaucratic layer to get through.

Discussion was held regarding the option of giving the sign posting an 18 month trial period and re~evaluating the effectiveness of the signs at that time.


ON MOTION BY Mr. Christopher, SECONDED BY Mr. Fletcher, the members voted unanimously (6~0) to approve the proposed amendment to Chapters 913 and 914; Posted Sign Notice for Conventional Development Projects, as presented. ------

Ch airman Keys read the following into the record:

C. Consideration of Proportionate Fair Share Ordinance and · Proposed Amendments to LDR Chapter 910, Concurrency

Management System.

Mr. Keating reviewed the information contained in his. memorandum, and gave a lengthy overview of his PowerPoint presentation; copies of both are on file in the Commission Office.

Mr. Keating reported the requirements of Senate Bill 360 (SB 360) were as follows:

• "It is the intent of the Legislature to provide a method by which · the impacts of development on transportation facilities can be mitigated by the ·cooperative efforts of the public and private sectors."

• "By December 1, 2006, each local government shall adopt by ordinance a methodology for assessing proportionate share mitigation options."

Mr. Keating highlighted the Proportionate Share Concept as follows:

P&Z/Approved - 4 • F:\Community Development\Users\CurDev\P&Z\2006\Min 3-09-06.doc

March 9, 2006

ATTACKMEJAT ~ 2

ORDINANCE 2006---

AN ORDINANCE OF IND1AN RlVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FrNDINGS; PROVIDING FOR AMENDMENTS TO CHAPTER 913, PROCEDURES AND REQUIREMENTS FOR SUBMITTING AND PROCESSING SUBDIVISION APPLICATIONS, BY AMENDING ADDITIONAL INFORMATION REQUIRED FOR PRELIMINARY PLAT APPLICATIONS IN SECTION 913.07(4)(E), BY AMENDING REVIEWS IN SECTION 913.07(4)(F)1, AND PROVIDING FOR AMENDMENTS TO CHAPTER 914, SITE PLAN REVIEW AND

· APPROVAL PROCEDURES, BY AMENDING CONCEPTUAL SITE PLANS; SUBMITTAL AND INFORMATION REQUIREMENTS IN SECTION 914.14(4)(B)14; BY ADDING SECTION 914.14(17); BY ADDING SECTION 914.06(5)(G); BY AMENDING 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) BE AMENDED AS FOLLOWS:

SECTION#!:

Amend the subdivision ordinance preliminary plat submittal requirements of LDR Section 913.07(4)(E) to read as follows:

(E) Additional information required for preliminary plat applications. In addition to the information required to appear on the preliminary plat, staff may detennine at tl.e formal pre applieatiea ee~ee that the following infonnation will be required:

1. A survey of the existing site certified by a registered land surveyor indicating that the survey meets the minimum technical standards for land surveying in Florida pursuant to Florida Statutes section 472.027 and chapter 21HH-6.01, Florida Administrative Code, as supplemented and amended from time to time, with contour lines at one-foot intervals showing the following infonnatipn:

a. Watercourses and all free-flowing wells, if any;

b. All water bodies showing the approximate mean high waterline;

c. All environmentally sensitive land as defined by the Indian River County Comprehensive Plan;

d. All protected trees identified by the Indian River County Tree Protection Ordinance;

e. Coastal construction control line (1987 CCCL), and the county coastal Dune Stabilization Setback Line (DSSL ), if applicable;

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ATTACHMENT 2 3j

ORDINANCE 2006-__

f. Endangered and threatened plants or animals, if required by Chapter 929;

g. _Archeological resources, ifrequired by Chapter 933.

2. A description of existing site conditions including:

a. Soil conditions and analysis;

b. Groundwater table;

c. .Drainage pattern on-site anti within two hundred (200) feet of the site boundary;

d. The extent, area, and type of all native vegetation communities; and

e. Floodplain data on-site and within two hundred (200) feet of the subject site.

3. A sketch showing:

4.

5.

a. Any existing water management or utility facilities;

b. Proposed stormwater management plan and control facilities and general grading p Ian;

c. Utility sources, distribution and collection lines, if available, (including but not limited to water, sewer, fire hydrants, electricity, cable television and telephone);

d. Proposed locations of streetlights, sidewalks and bike paths, if any; and

e. Proposed finished grade elevations of all lots.

If any of this infurmatiien is At the pre-application conference, staff may determine that some or all information requirements in 1-3 above are not applicable,, a eleady visible nete shall be oil. the drawill.g mdieating whieh of the above is Hot applieab!e to the site.

A written statement. signed by the applicant, certifying that a sign. meeting the requirements below. has been posted on the site. The signed written statement shall be accompanied by a dated photograph or digital photo image of the sign posted on the proiect site.

a. Sign specifications: The sign shall have minimum dimensions of. 16" x 21" and shall have a light-colored background (yellow or white) that provides high contrast with dark lettering.

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ATTACHMENT 2 ~

b,

c.

d.

SECTION#2:

ORDINANCE 2006-

Sign placement: The sign shall be posted at the front lot line of the project site in plain view of the public. The bottom of the sign shall be at least 18" above the ground.

Sign information: In black or dark lettering, with letters at least 2" high. the sign shall state the following:

RESIDENTIAL DEVELOPMENT PROPOSED ON TIIlS SITE .

FOR INFO. CONTACT (insert applicant's phone number here)

"(insert project name here)"

For non-residential projects. the word "COMMERCIAL", or the specific project use (e.g. CHURCH, OFFICE. DAYCARE). shall be substituted for the word "RESIDENTIAL".

Duration; The sign shall be I!Osted a minimum of three (3) weeks.

Amend the subdivision ordinance preliminary plat review requirements of LDR Section 913.07(4)(F)l to read as follows:

(F) Reviews.

1. Technical review committee review.

a. Toe community development department will forward one copy of the proposed preliminary plat to each of the county divisions or other' interested agencies within three (3) working days of the initial submittal of the · preliminary plat for their review and. written comments or approval.

b. Within eleven (11) days after the receipt of the preliminary plat and prior to the date the application is scheduled to be considered at a TRC meeting, TRC members shall submit to the planning division written staff approvals or the identification of any discrepancies.

c. At a technical review committee (TRC) meeting, the discrepancy comments will be reviewed.

d. Toe community development department shall, within four (4) working days from the TRC meeting, transmit a letter to the applicant or his engineer identifying all of the discrepancies pertaining to the preliminary plat that were discussed at the TRC meeting.

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3

ATTACHMfff.f 2~

SECTION#3:

ORDrN'ANCE 2006-__

e. The applicant shall respond, in writing, to each comment following receipt of the discrepancy letter and submit five (5) sets of a revised preliminary plat if deemed necessary by the community development staff with a written response to each item in the project's TRC discrepancy letter and a written request to be placed on the planning and zoning .commission's agenda for approval. The applicant's written response shall include a separate document that verifies the duration · of the . required sign posting and summarizes all contacts with the public. The summary shalL at a minimum, describe the nature of contacts (e.g. from nearby resident, by phone), the types of comments received, and changes to the project proposal (if any) based on comments received.

f. The TRC may require re-review of the project by TRC members to be discussed at another TRC meeting.

g. Once all TRC comments have bee11 adequately addressed, the community development department shall schedule the application for consideration at the soonest available planning and zoning commission meeting.

1. An applicant may request, at any time in the review process, that the application be forwarded to the planning and zoning commission for consideration. Said request shall be submitted to the planning division in writing and shall acknowledge that, in staffs opinion, the application is not ready for consideration due to a lack of adequate responses to staff and/or reviewing agency comments.

Amend the site plan ordinance conceptual site plan submittal requirements of LDR Section 914.14(4)(b)14 to read as follows:

SECTION#4:

14. Additional submittal requirements may be required by staff at a formal preapplication conference or a TRC meeting, whichever occurs first, based upon staff concerns and issues particular to the site, surrounding area, or proposed use. The posted sign notice requirements of914.14<17} and 914.06(5)(g) shall be applied.

Site plan ordinance site plan submittal requirements subsection 914.14(17) is hereby · established to read as follows:

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ATTACHMEN12 8 6

ORDINANCE 2006-__

(17/ For all site plan applications that are not associated with a request involving a public hearing but are required to be reviewed by the Planning and Zoning Commission, the following shall be submitted with the site plan application: ·

A written statement, signed by the applicant, certifying that a sign, meeting the requirements below. has been posted on the site. The signed written statement shall be accompanied by a dated photograph or digital photo image of the sign posted on the project site.

a.

b.

c.

d.

Sign specifications: The sign shall have- minimum dimensions of 16" x 21" and shall have a light-colored background (yellow or white) that provides high contrast with dark lettering.

Sign placement: The sign shall be posted at the front lot line of the project site in plain view of the public; The bottom of the sign shall be at least 18" above the ground.

Sign information: In black or dark lettering, with letters at least 2" high, the sign shall state the following:

RESIDENTIAL DEVELOPMENT PROPOSED ON THIS SITE

FOR INFO. CONTACT (insert a1mlicant's phone number here)

"(insert project name here)"

For non-residential projects, the word "COMMERCIAL", or the specific project use (e.g. CHURCH, OFFICE, DAYCARE), shall be substituted for the word "RESIDENTIAL".

Duration: The sign shall be posted a minimum of three (3) weeks.

SECTION #5:

Site plan ordinance site plan review subsection 914.06(5)(g) is hereby established to read as follows:

(g) For all site plan applications that are not associated with a reguest involving a public hearing but are required to be reviewed by the Planning and Zoning Commission, the applicant shall submit the following along with his response to TRC comments and revised site plans;

A separate document that verifies the duration of the required sign posting and summarizes all contacts with the public. The summary shall, at a minimum, describe the nature of contacts (e.g. from nearby resident, by

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ATTACHMENT2 8~

Olm!NANCE 2006-__

phone), the types of comments received, and changes to the project proposal (if any) based on comments received.

SECTION #6: 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 #7: 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 #8: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.

The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.

SECTION #9; EFFECTIVE DATE.

This Ordinance shal! take effect immediately upon filing with the Department of State.

Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this __ day of ____ _, 2006.

This ordinance was advertised in the Press-Journal on the ___ day of 2005, for a public hearing to be held on the ___ day of 2006, at which time it was moved for adoption.by Commissioner seconded by Commissioner __________ ,, and adopted by the following vote:

Chairman Arthur R. Neuberger

Vice Chainnan Gary C. Wheeler

Commissioner Sandra L. Bowden

Commissioner Thomas S. Lowther


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6

. ATTACHMEtff 88!;

ORDINANCE 2006-__

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

BY: Arthur R. Neuberger, Chairman

ATTEST BY: _______ _ Jeffrey K. Barton, Clerk

This ordinance was filed with the Department of State on the following date: ______ _




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7

ATTACHMENT2 8§

Office of Public Hearing: 4/ 11 /06

INDIAN RIVER COUNTY ATTORNEY

-William G. Collins II, County Attomey M•rian E. Fell, Assistant County Attorney William K DeBraal, Assistant County Attoroey

MEMORANDUM

TO:

FROM:

The Board of County Commissioners Vi "

William K. DeBraal, Assistant County Attorney

DATE: April 4, 2006

,...,..-•'

RE: Second Public Hearing - Extension of Moratorium on small lot singlefamily subdivisions

9Ai

On October 11, 2005, the Board of County Commissioners voted to enact a temporary moratorium on the process of application for small lot subdivisions. Under our current ordinance, small lot single-family subdivisions can be constructed in RS-6, TR-6, RM-6, RM-8 and RM-10 districts but an administrative permit is required. Recently, developers have used the small lot single-family subdivisions to build houses with price tags starting in excess of $400,000. Historically, the small lot subdivision was designed for affordable housing, but under our current ordinance, there is no mechanism in place to tie affordability with smaller sized lots. The Growth Awareness Committee volunteered to draft an amendment that would reserve small lot subdivisions only for use with affordable housing: The Board directed staff to work with the Growth Awareness Committee to

· accomplish the ·aesired goal. Since the moratorium ordinance would affect more than ten acres of land in the County, the Board must hold two public hearings. The first public hearing was held on March 22, 2006. The second public hearing is scheduled for April 11, 2006 at 9:05 am.

The Growth Awareness Committee has sought advic:,e from several sources, including Habitat for Humanity, Community Development staff and neighboring Counties. Due to the complexity of the new ordinance, all parties would like to spend additional time preparing the draft ordinance amendment and have asked to extend the moratorium for an additional six months.

Like the previous ordinance, the moratorium will not apply to subdivisions by Habitat for Humanity of Indian River County, Inc. or small lot subdivisions that have submitted a complete preliminary plat application before October 11, 2005.

APPROVED FOR ~ !+- I I -6 {p B.C.C M~G~~ Hl::A RING-vr-,- ~ .....,._d)_ ••••

' COUNTY ATTORNEY

Admln.

Legal

Budget

Dept.

Risk Mgr. 0

Recommendation:

Staff recommends the Board of County Commissioners conduct the second public hearing concerning the extension of the moratorium ordinance. The attache.d draft ordinance extends the moratorium until October 11, 2006.

Attachment: Proposed Ordinance extending moratorh,im

-291


AN ORDINANCE OF THE . BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR ADMINISTRATIVE PERMITS AND THE ISSUANCE OF ADMINISTRATIVE PERMIT APPROVALS FOR "SMALL I-OT SINGLE-FAMILY SUBDIVISIONS"; PROVIDING FOR PROHIBITION; PROVIDING. FOR. EXCEPTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR Sl:VERABILITY; SETTING FORTH EXPIRATION AND EFFECTIVE DATES.

WHEREAS, pursuant to Section 1(t), Article VIII, of the Florida Constitution and Chapter 125, Florida Statutes, Indian River County is authorized and required to protect the public health, safety and welfare and may exercise any power for governmental purpose except when expressly prohibited by law; and

WHEREAS, pursuant to Section 163.3202, Florida Statutes, Indian River County has enacted land development regulations, consistent with its adopted comprehensive plan,. which protect the quality of life in Indian River County; and

, WHEREAS, the Board of County Commissioners has adopted Indian River County Code Section 971.41 (9) "small lot single-family subdivisions" as an administrative permit use allowed in the RS-6, RT-6, RM-6, RM-8, and RM-10 zoning districts with the intent of providing affordable housing to the residents of Indian River County; and

WHEREAS; the County finds that most recent developments utilizing the small lot single-family subdivision are not delivering affordable housing units as they are advertising homes for sale in excess of $400,000.00; and

WHEREAS, the Growth Awareness Committee has been working with the community Development Department staff to draft an ordinance that would reserve the use of small lot subdivisions for affordable housing; and

WHEREAS, drafting this ordinance has proven to be challenging and additional lime is needed before the amended ordinance is ready to be brought before the various committees and Board of County Commissioners; and

WHEREAS, the Board desires to extend the temporary moratorium put in place on October 11, 2005, for an additional six months in order to preserve the status quo

1

F:\Attorney\Bill\Ordinanco Amendments\Small Lot mor•torium\oxtended moratorium $man lot subs.doc

292


during the drafting process to ensure that the community's affordable. housing problems are addressed through this ordinance rather than exacerbated during the time it takes to formulate any desired modifications to the small lot single-family subdivision ordinance,

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:

SECTION 1. PROHIBITION

Except as otheiwise provided herein, no applications for administrative permits for small lot single-family subdivisions shall be accepted, processed, or issued until October 11, 2006.

SECTION 2. EXCEPTIONS ·

The prohibitions set forth in Section 1 hereof shall not apply to:

1. Applications for small lot single-family subdivisions by Habitat for Humanity of Indian River County, Inc., a proven deliverer of affordable housing utilizing the small lot single-family subdivision.

2. Any small lot single-family subdivision on which a completed preliminary plat application (which includes a traffic study) had been submitted prior to October 11, 2005 and which has subsequently determined to meet all applicable requirements of the land development code.

SECTION 3. CONFLICTS

. The application of any Indian River County ordinance in conflict herewith is hereby suspended during the lime period set forth in Section 1 to the extent of such conflict.

SECTION 4. SEVERABILITY

If any section, sentence, clause, or phrase of this ordinance is held to be invalid. or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. ·

SECTION 5. EFFECTIVE DATE

This ordinance shall take effect upon the Chairman declaring the ordinance duly passed.

2

293


This ordinance was advertised in the Vero Beach Press-Journal on the 15th day of March, 2006, for a public hearing to be held on the 22nd day of March, 2006, and was advertised in the Vero Beach Press-Journal on the 29th day of March, 2006 for a public hearing to be held on the 11th day of April, 2006 at which time it was moved for adoption by Commissioner ______ ., seconded by Commissioner ______ ., and adopted by the following vote: ·

Chairman Arthur R. Neuberger Vice Chairman Gary C. Wheeler Commissioner Wesley S. Davis Commissioner Thomas S. Lowther Commissioner Sandra L. Bowden

The Chairman thereupon declared the ordinance duly passed and adopted this 11th day of April, 2006.

ATTEST: Jeffrey K. Barton, Clerk

By:----,---,,-,......,.--Deputy Clerk

BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA

By:-------,,.,----Arthur R. Neuberger, Chairman

ACKNOWLEDGMENT by the Department of State of the State of Florida, this _ day of

------·· 2006.

3

294

March 27,2006

Glenn Legwen's Acaddemix Nursery Academy

P.O. Box 2487/ 5900 5th St. SW Vero Beach, Florida 32961

Mr. Joe Baird, County Administrator Indian River County Vero Beach, Florida 32960

Dear Joe,

I would like to have you add my name as one who wishes to speak to the commissioners on April 4, 2006 county's agenda. I wish to address the commissioners on several issues one ot them is the county's use of "Selective Code Enforcement." .

I would also like to discuss the subject of criminal trespass.

Sincerely yours,

g\~~-lz~~ Glenn W. Legwen

295

City of Jacksonville Uses Selective Enforcement of Residential Zoning Codes

• Method of Enforcement Puts Neighbor Vs. Neighbor as Main Result

• Code Enforcement Officers Placed in Jeopardy by Selective Enforcement

• Selective Enforcement via complaint only is a joke on the taxpayers and wrong! It leaves every homeowner in the city wide open to abuse from a myriad of directions. An Editorial, by R. F. Mariano, 10/08/03

Selective Enforcement what does it mean?

This type of enforcement, in the simplest of terms means that Code Enforcement Officers do not inspect neighborhoods they simply respond to complaints received from other departments or residents in the neighborhood.

What does Selective Enforcement Engender?

Serious consequences in most cases. By that I mean the end result pits neighbor against neighbor, ends any type of cordial discussion between neighbors and assures that a feud will result because Code Enforcement uses anonymous complaints as a basis for issuing warnings of City Code infractions. Also it opens the door to the possibility of official abuses.

Whatever became of the premise of knowing your accuser?

With the system of verifying anonymous complaints the Code Enforcement Officer becomes a pawn of neighbors feuding between themselves. This type of result is abominable. Its akin to the old Nazi tactic of having people snitch on each other "for the good of the state". In every complaint, the accused should be made aware of the complainant. This would minimize abuse by neighborhood nasties, cranks, busybodies and self-appointed neighborhood "mayors."

Goodwill should be the Rule of Thumb

Selective Enforcement is a sorry excuse for Code Enforcement. It boils down to the taxpayers "doing the job" for the city. Neighbors should be encouraged to contact the other party in the neighborhood to attempt a friendly resolution

296

instead of having a Man with the Badge come calling spewing forth all sorts of Ordinance sections, minuscule sections of the code or otherwise simply intimidating a fellow homeowner, voter and taxpayer. Further, it guarantees the widening of rifts between neighbors over nonsensical matters that can be easily resolved if the neighbors are offered -an opportunity to resolve offensive conditions among themselves.

In a number of encounters with the City Code Enforcement Officers, this reporter has observed and experienced the following interactive encounters.

Approximately four months ago, a neighbor across the street was visited by a "Man with a Badge" very officially expressing that this hard working neighbor was a lawbreaker .. Needless to say, the poor.person was shocked. Those folks (I know them personally) are hard working (6 days a week) law-abiding citizens, taxpayers and voters. This is the reward they get for meeting their civic duty.

To the crux of the story ..

The Officer informed the neighbor that he had received a complaint about his 14 foot jonboat and trailer being in violation of the Jacksonville Ordinance Code. Section 656.409. The officer was Charlie Wilson #1759. This poor guy, while an official representative of the city, was in fact bearing the brunt of frustration, anger . and shock by the neighbor. The major shock came when other front yards and

. driveways having much larger boats on trailers were obviously in violation and when it was pointed out to Officer Wilson, his reply was "we have no complaints about that boat." Immediately, my neighbor felt that being given the warning, he had been "singled out."

A little background on the above story, the cited neighbor had experienced a rather disturbing discourse at the hands of their next door neighbor. Seems they were trying to sell their house and felt the dog in the backyard and the boat in the front yard were a bit too much. The neighbor who was selling eventually sold and I might add to very nice people.

Now, my personal experiences

Experience # 1

A week ago, an Enforcement Officer showed up at my door telling me he had a complaint about my "stinking garbage containers", (Ever find a rose garden in a garbage can?) Well, my friends, I was, as was my neighbor across the street, shocked! I had made it my business to use covers on my garbage containers

297

and I might add, ever since the city went to once a week pick-ups. Why? Because in the hot Florida sun, whatever is in anyone's garbage pail will reek within a few days especially if seafood was on the menu. If its simply in a garbage bag, animals will certainly have it torn open overnight. The inspector didn't find any problems and left wishing me a good day.

After he left, I began to think about my episode .... with the City's enforcement people. I wondered "anonymous complaint"? Surely the city has no garbage pail police going all over the city smelling for offensive odors! Therefore, it had to be someone rather close to me .... like a next door neighbor! I'm on a corner property so in reality, I have only one "next door neighbor" .. I concurred to myself... that person is far too nice a person to have tried to cause me grief over an odorous garbage container. Which in fact, was not the case at the time the Code Enforcement Officer visited. If it had been reeking, how in heaven's name would I put up with it! My first concerns would be that of my family and neighbors Inspect the Garbage Routes on pick-up days and the trucks!.

What I did find disturbing was that this Code Enforcement Agency in the City seems oblivious to the amounts of garbage left in the streets after pick-up by our professional, well run, for hire Sanitation Department (that was sarcasm folkllj). You see, I can offer odds to anyone willing to take them that on any given pickup day, the Garbage men will leave a trail of spilled garbage throughout their entire route in our neighborhood and that the Garbage trucks spread contaminants . via that wonderful smelly, soupy mix that constantly drips and drools from the truck leaving a semi-solid/iquid trail throughout the entire neighborhood .. Just the right combination for serious disease. I am certain, for some neighborhood child riding a bicycle, skating and/or playing and b,reathing the fumes or worse, scraping a knee or elbow in that slop is a serious health threat. I'm willing to say that if these garbage trucks were inspected for contagion, the hazmat people would be very busy.

Experience # 2

A week, later .... another Code Enforcement Officer shows up at my.door (guess who? Charlie Wilson!) citing a small, 16 foot rowboat and trailer that I had parked in the front for well, less than a week! At this point, I pondered; "Is someone out to harass my family and I? ... Do I hav.e a neighbor that is so disgruntled that they lack the common decency to come speak to me about a problem rather than hollering cop?" Whatever became of being neighborly? Selective Enforcement breeds contempt among neighbors. Especially if a complainer feels they are protected behind a "veil of anonymity." How very wrong they are. It doesn't take a rocket scientist to arrive at a conclusion as to who it is.

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My Conclusions

Selective Enforcement is another way for the city to alleviate the cost of making certain the laws on the books are equitably enforced. The City aqtually "waits" for a complaint before acting upon an alleged violation. This is wrong! Very very wrong ... it offers the neighborhood "gripers and self appointed mayors" an opportunity to hold a cudgel over the heads of their neighbors!

I enjoyed the opportunity to discuss my impression of selective enforcement with the Department Head and our City Council person today. I was elated to find our City Council Rep; Sharon Copeland quite responsive and sympathetic to my plight. In fact, Councilwoman Copeland had the department head call me relative to the above matter.

MY conversation with this gentleman was enlightening to say the least. On one hand he agreed that the laws are written for all to abide by and on the other, he stated they act predominantly upon complaints rather than neighborhood inspections for code compliance. At this point I asked, are you then saying the city is encouraging people to complain to your department rather than try discussing problems in a neighborly manner? He replied; "no, we do wish to see neighbors resolve their differences among themselves as it promotes better neighborhood harmony." I agreed. I then asked why do I see selective enforcement? He replied, according to a supreme court decision, we are not practicing selective enforcement. (the Florida Supreme Court Decision was from the late 1800's - That's over 100 Years Ago Folks/) I laughed and said; what? When there were neighbors 4 miles or more apart?

In all honesty, these folks downtown were pleasant to talk with and did agree, to a large extent, that what I saw was "not quite right." When a code enforcement officer comes into a neighborhood passing identical violation after identical violation and hands a warning to one person who's been anonymously complained about by a disgruntled neighbor is ridiculous. It is very sad to see as it spells an indirect encouragement, on the part of the city, to put neighbor against neighbor. Very Wrong ...... very wrong indeed.

Enforce the Law across the entire city or, don't enforce it all. Selective Enforcement is un-American. Sec. 656.409. Parking, storage or use of recreational vehicles and boats. No recreational vehicles shall. be used for living, sleeping or housekeepfng purposes when parked or stored on a residentially-zoned lot or in another location not approved for this. use. Boats, boat trailers, horse trailers or any other trailer and recreational vehicles may be parked or stored in a required rear or side yard but not in required front yards, provided however, that these vehicles may be

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parked anywhere on residential premises not to exceed 24hours during loading . and unloading. (Ord. 91 °59-148, § 1)

We all pay property taxes! Let the city do its job the right way. Our taxes are paid for just that purpose. Enforce the law across the boards or don't enforce it all! Selective enforcement breeds ill-will among neighbors and contempt for the city's agencies for encouraging taxpayers to do the city's job. When is. Jacksonville going to be brought into the 21st century? An Observation: Jacksonville, Florida is a recreational paradise, four mild seasons, perfect for all sorts of outdoor activities and I might add, its also the fishing capital of the state if not the country. Yet we find goofy rules and regulations in place that create a prohibitive atmosphere for those who wish to live here, own homes, pay taxes and enjoy a bit of Floridian life. What's wrong with this picture? I agree that we need a common ground on the upkeep and appearance of our residential neighborhoods but for goodness' sake .... a reasonable amount of discretion goes a long way. To rely upon a single court decision from the late 1800's is akin to relying on.the performance of a Model T Ford in making rules and regulations for today's highways. · · What's worse is the manner in which code enforcement approaches its responsibilities to Jacksonville's home owners and taxpayers. Its archaic and in the least, absurd. In today's times, we need Ordinances that are totally applicable to today's needs and tomorrow's desires. But.. .. most of all, we must see the laws we have fairly applied to all. Not just those few who are brought to the attention of the city by whomever. The taxes paid by homeowners were and are designated for the appropriation of funds to employ qualified individuals who can be relied upon to inspect, counsel, enforce and protect the beauty of our neighborhoods, the safety of our taxpayers and the value of their homes and property. After all, it only ensures the tax base for the city will remain appreciative as opposed to depreciative. If the Ordinances in question have a tendency to offend that's one thing but to see Code Enforcement respond only to complaints rather than apply themselves and enforce the laws we have unilaterally, then we could very easily be staring at abuse of power dead in the face not only by inspectors but by neighborhood cranks. The laws are for everyone not just the select few designated by individuals with an axe to grind or self-appointed neighborhood "mayors" and busybodies. All that can be said at this point is to entreat the Whigs downtown to make certain the law is fairly applied to everyone. Eliminate the slightest possibility of abuse by either the city employees and/or neighborhood cranks. Must every neighborhood organize themselves into action committees to get the proper cooperation of the City agencies or can the home owners throughout the city expect and rely upon a responsible, level headed approach to code

300

enforcement on the part of the city? Selective Enforcement via complaint only is a joke on the taxpayers and wrong! It leaves every homeowner in the city wide open to abuse from a. myriad of directions.

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' ' - ~. . . ~·----·· ··-. -- ·-·-

Apdl 4, 2006

County Administration Building .1840 251h St. Vero Beach, FL 32960-3365 772.226.1249 Phone 772.978.1806 Fax

Dear Mr, Joe Baird:

Indian River MRI, Inc 1850 37'1' St.

Vero Beach, FL 32960 · 772.562.3030 Phone

772.778.0766 Fa:x;

Mr. Les Waller would like to be placed on the agendafor the April 11 th county meeting. He wishes to discuss and ask for consideration regarding case# 2003090137. Please contact us, at the above phone number, fur con:tlnnatian time on the above mentioned date.

Reli!)ectfully,

..._)»?c?A.----1-~-.. Dean Turpin

.. , ... , , .... , ···-····~··········- ............. , ..... ,.,_,, ········-·-····"·-······-·

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04/05/2006 10:34 772-589-9784 ATlANTIC C•AST C•NST

April S, 2006

Indian River County Aten: Dori Roy · 1840 25th Street

ATLANTIC COAST CONSTRUCTIONv & DEVELOPMENTl;

Vero Bea~h, FL 32960-3365

Re: BCC Meeting • 4.1 1.06

Dear Ms. Roy,

PAGE lil2/02

I, Joseph Paladin would like to speak upon Section 9S2.08 rfght-of~ requi1'1!1ments for the county commission mewng. tQ be held on April the 11th. I will be Uklng !'he county and staff to let this go through traditional means instead of a pending ordinance. If you need any addrtiona1 information please feel free to contact me.

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~tJ~~~~I~ c~9~~~ -& DEVELOPMENT~

April 5, 2006

Indian River County 1840 25th Street Vero Beach, FL 32960-3365

Re:952

I feel that the 952 ordinance needs these minor changes because the acquisition of right-of• way is so important to our future building of roads in Indian River County. There was wording that was considered to be improper by the county attorneys office so it wasn't being enforced. We have currently changed that wording. I will be. asking the county commissioners to recommend that staff bring this through the regular channels of meetings and scheduling fur an ordinance not a pending ordinance. I've included input from staff, Jim Davis and the county attorney's office.

Regards,

Joseph Paladin

/l'n.,.sident Atlantic Coast U.msttuct.ion & Development. Inc. 0,ql,mq,n, GAC: ~ Awarene.s.t: C.Omm~e

730 Commerce Center Drivo J Suite C J Sebastian, FL 32958 P J m 589 9706 F J 772 58~ 9784

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Section 952.08. Right-of-way requirements.

(1) Right-of~way dedication or acquisition. In order to adequately expand roadways in the County. it is desirable for the County or the State of Florida to acquire the needed right-of-way for current and future road construction and expansion prior to development activity. Unless the Board decides otherwise, the County shall acquire the ultimate right-of-way for County roads as established in the current Indian River County Metropolitan Planning Organization Long Range Traffic Plan or as established in the Indian River County Thoroughfare Plan aoo /implementing right-of-way width table). or to provide adequate land area for utilities, stormwater management sidewalks and/or bikepaths. For all projects requiring an Indian River County development order, exoept for an order to Gkwelop a single family residence, the land lying within the proposed development which is necessary to widen or extend roadways to the above standards etesignated iA the Indian Ri11er County Thoroughfare Plan and implemeAting right of way ·.vidth table, oF te pro•.-ide adeGtwate land area for utilities, side>uall~s anc.lter bil..epaths shall be identified b)l transferred to the county at the time the project is reviewed by the technical review committee. a& specifie<OI in this sectioA, lily the applicant prier te the release m the site plBA. !f the County and the applicant cannot reach agreement concerning the price and the amount of property to be purchased prior to the project receiving preliminary plat or site plan approval, the-County shall make an offer to purchase the needed property based on the fair market value of property established by an independent certified Member Appraisal Institute (MAI) appraisal of current peracre fair market value of the property. For purposes of this section. a "current'

· MAI appraisal is an appraisal that has been certified no earlier than four months prior to development project approval. Said appraisal shall assume no approved development plan for the site. or building permit issuance, as appi:epriate~ The County or State of Florida shall compensate the property owner by cash, impact fee credit or both for the right-of-way transfer unless the right-of-way is needed because of a site related impact.

(a) Genera/ requirements. 1. An applicant for approval of a project abutting a roadway which has

an existing road right-of-way deficiency shall transfer right-of-way needed for site related roadway improvements for that segment of the roadway abutting the project, and shall enter into a purchase contract or similar agreement with the county to sell needed rightof-way for future non-site related improvements, prior to preliminary plat approval or site plan approval release of the appro>1ea site plan for the project. Wherever a road right-of-way deficiency exists, the deficiency shall be made up by acquisition of equal amounts of land from each side of the existing right-of-way, except where: a. A drainage district canal right-of-way. 6f a railroad right-of

way. or a high voltage power line abuts one side of the existing road right-of-way; or

305

b. At least one-half ( 1/2) of the required road right-of-way has been provided by the property on the opposite side of the .existing road right-of-way; in which case, the entire road right-of-way deficiency will be made up by acquisition of land from the project site.

2. Applicants for projects located on roadways where right-of-way deficiencies exist shall bring the abutting road (local, collector, or arterial) right-of-way up to local (minor) road standards as defined in the traffic circulation element. Said dedications are deemed site related and necessary to serve the proposed development itself and shall not be creditable for compensation.

(b) Dedication of thoroughfare plan road right-of-way. Any applicant for approval of a project abutting a roadway designated on the county thoroughfare plan map where the roadway has a road right-of-way deficiency shall sell to the county or State of Florida sufficient land to make up his share of the road right-of-way needed for non-site related improvements. The applicant shall receive, through traffic impact fee credits, oF residential density transfeF&, or direct payments where the county chooses to pay cash, or any combination or other acceptable means of compensation, one hundred (100) percent compensation for the value of the undeveloped condition of the land area dedicated for road right-of-way, which exceeds any area needed to bring the right-of-way up to county local (minor) road standards. Where the county is to purchase land for future ultimate right-of-way, the county or State of Florida shall compensate the property owner based upon the "undeveloped condition" of the land. This compensation shall be agreed upon prior to project approval, and the purchase shall occur prior to issuance of a certificate of completion or a certificate of occupancy for the project. If the Florida DOT does not agree to purchase right-of-way needed for State Highways, the Board of County Commissioners may waive the acquisition e-x,pansion of State Road right-of-way prior to development approval. 1. Exceptions: Exemptions:

a. An applicant may dedicate lesser amounts of right-of-way if in the opinion of the Public Works Director the ultimate right-of-way is . unnecessary and of the Board of County Commissioners agrees with said recommendation. 1,'Vhere one h1;.1narea (100) pon:.:ent oompensation cannot bo pFG~'ielea tl:lreugl:l traffio impaot creait ana aensity transfers, and where tl'le county ohooses not to pay casl'l, the applicant shall doaicate an aFRe1;.1nt oi lane eoFRparable in value te---tAe 13eroent of compensation proviaod, and U:ie ap131ioant shall ae encouraged to setback t1:ie· balanoe of the right of way aeficioncy; tl'le looation ana config1;.1ration of saia aedioation and setbacl( areas shall bo approvea by tl'lo publie woFl~ aireetor. b. \Nhere the applicant's project is CQl1siaeFed a FRinor site plan 1;.1naer the torFRs of tl'lis ordinanee, the a13plieant may in lie1;.1 of

306

dedicatioR er sale iRsrease the building setbacKS Reeded to accoR'!medate right of v.<a>J elefiaienoies.

( c) Dedication of minor (local) road right-of-way. Any applicant for approval for a project abutting a public or private roadway classified as a minor (local) road by the terms of the county traffic circulation element shall dedicate sufficient land to make up his share of the road right-of-way deficiency. There shall be no compensation given for the dedication of minor (local) road right-of-way. The public works director or his designee may accept drainage and utility easements in lieu of right-of-way, to make-up for small (up to ten (10) feet) right-of-way deficiencies.

RIGHT-OF-WAY MATRIX

TABLE INSET Type of Major Site Minor Site Roadway Plan Plan

Seteask eAse11R:111elil Thoroughfare plan road right-of-way Dedication for site-related needed for 20-vear improvement nronram imorovements

Purchase bv county for nonsite-related imorovements Local lminor1 road right-of-way Dedication Dedication

(d) Applicable standards. The engineering design of improvements within rights-of-way shall be in compliance with the standards in the "Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of Streets and Highways," published by the Florida Department of Transportation, unless a variance is granted by the board of county commissioners. All construction within the right-of-way shall conform to Indian River cCounty eEngineering sStandards. No construction or alteration shall occur in any county road right-of-way unless a right-of-way permit is approved by the .. county eEngineering aDivision.

( e) Minimum right-of-way and pavement requirements; credit for dedicated land. The following minimum pavement widths and right-of-way widths shall be provided eitAef at the time of development or in the rutuRll, as deemed necessary ey the public workilElirootor. Full compensation must be provided to the applicant by the county or State of Florida for right-ofway dedications regarding non-site related improvements on all roadways except minor (local) roads. These standards are consistent with the functional road classification system established in the comprehensive plan.

The following generalized minimum road right-of-way width standards shall apply unless varied by the "Specific Thoroughfare Plan Road Rightof-way Table" which is incorporated hereto by reference and is located in the appendix section of this chapter.

TABLE INSET:

307

Street Types Minimum Minimum Lane Width Right-of-Way Width

Urban Rural Princioal Arterial 6LD 130 240 12 ft. wide lanes 4LD 14 ft. wide outside lanes as

reouired US I Corridor 8LD 200 -6LD 130 240 4LD 140 240 W/fi'ontaoe roads Minor Arterial 4LD 100 200 12 ft. wide inside lanes 2LD 100 100 14 ft. wide outside lanes as

reouired Collector streets 60 60 12 ft. Subdivision collector 60 60 12 ft .. roads Local Minor or 60 60 10 ft."/11ft."" residential streets with swale drainaoe Loca1 Minor or 50 1 0 fl. */1 1ft."" residential streets (closed drainage, curb and autterl Marginal Access 40 40 11 flJ12ft.-

~ subdivision roadwav or residential sfte olan with less than 1.500 ADT -Where in coniunction with commercial site plan proiect - When in coniunction with heavv commercial or industrial development

(f) Additional right-of-way and/or pavement width. During the review of any development project, the technical review committee may require the increase of right-of-way and pavement widths if a finding is made that the increase in width is necessary to accommodate the projected traffic needs of the project and is consistent with good engineering practice. Additional right-of-way or pavement width may be required to promote public safety and convenience, or to ensure adequate access, circulation, and parking. Whenever any street requires improvement within the area to be developed, the appropriate right-of-way and pavement shall be required. Where a site abuts or contains an existing street of inadequate right-ofway or pavement width, additional right-of-way and pavement, in conformance with minimum county standards, may be required for new site development.

(g) Fair market value of property shall be established by an independent certified Member Appraisal Institute (MAI) appraisal of current per-acre fair market value of the property. For purposes of this section, a "current" MAI appraisal is an.appraisal that has been certified no earlier than four

308

months prior to development project approval. Said appraisal shall assume no approved development plan for the site.

(h) The provisions of this chapter shall be interpreted as supplementary to and not in conflict with Article 1 Section 9 of the Florida Constitution Florida Statutes Chapters 73 and 7 4.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 55, 12-4-91; Ord. No. 95-10, § 12, 5-31-95; Ord. No. 2005-013, § 1, 4-19-05)

309

PllBLlC HEARING NOTICE

TO:

FROM:

DATE:

RE:

INDIAN RIVER COUNTY MEMORANDUM

Joseph A. Baird County Administrator

Robert M. Keating, AICP Community Development Director

Roland M. DeBlois, AICP ~ Chief, Environmental Planning & Code Enforcement

April 4, 2006

Notice of Scheduled Public Hearing for Upcoming Board Meeting

It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of April 11, 2006.


Please be advised that the following public hearing has been scheduled for Board consideration:

A12ril 18. 2006 meeting:

1. Board consideration to approve purchase of the Capt'n Butcher, Jnc. parcels of the "Archie Smith/Johnny Mays Fish House'' environmental land acquisition project (Administrative]

RECOMMENDATION

This notice of public hearing is provided for the Board's information. No action is needed at this time.

APPROVED:

FOR: -~'--"l\~p1.1r.;.i'-J1....J.l .1.l ... , '---'2:.l.0u.0J-lG>--

F:ICom nity Development\Usm\ROLAND\LAAC\Atchie Smith Fish House\ECC hearing notice i~rn 04-04-06.doc

310

Date:

To:

Thru:

From:

INDlAN ruvER COUNTY, FLORIDA AGENDA ITEM

Department of General Services

April 4, 2006

The Honorable Board of County Commissioners

Joseph A. Baird, County Administrator

Subject:

Thomas W. Frame, General Services Director ~ uJ ~ Notice of Scheduled Public Hearing for Upcoming Board Meeting

It is requested that the following information be given formal notice by the Board of County Commissioners at its regular meeting of April 11, 2006.

BACKGROUND: Please be advised that the Board of County Commissioners has scheduled the following public hearing for consideration on April 18, 2006:

Application for a Cable Television System License by Litestream Holdings, LLC: Request approval and the issuance of a Cable Television License to operate a cable television system within the unincorporated areas of Indian River County.

RECOMMENDATION; The above referenced notice of public hearing is provided for the Board's information . No action is needed at this time.

Approved Agenda Item Indian River Co. Approved Date

For: Of'Xt'I,, // , :2.tJt?t:.

F:\General Serviccs\Tom\Agonda Itoms\2006\Apr\Litestreams Cable TV License Application & Hearing Notice.doc

311

PUBLIC HEARING NOTICE

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM


TMENT HEAD CONCURRENCE:

Robert M. Keati g, AIC Comm Development Director

THROUGH: Sasan Rohani, AICP; Chief, Long Rang~ Planning 7/t FROM: Gale Carmoney; Senior Planner, Long Range Planning~

DATE: April 4, 2006

SUBJECT: Notice of Scheduled Public Hearings for Upcoming Board Meetings

It is requested iliat ilie following information be given formal consideration by the Board of County Commissioners at its regular meeting of April 11, 2006

DESCRIPTION AND CONDITIONS:

Please be advised that the following public hearings have been scheduled for Board consideration:

May l, 2006 meeting:

L Indian River Exchange Packers inc.: Request to amend the Comprehensive Plan to realign the Urban Service Area Boundary and to redesignate ±18 Acres located at the southeast comer of the 9th

Street Southwest (Oslo Road) and 74th Avenue from AG-I to C/I, and to rezone iliose :i.:18 Acres From A-1 to IL. (Plan Amendment Number LUDA 2006010354) [Legislative]

2. County initiated request to amend .the text of the Conservation Element, the Potable Water SubElement and the Sanitary Sewer Sub-Element of the Comprehensive Plan (Plan Amendment Number CPTA 2006010060) [Legislative]

3 • County initiated request to amend the Capital Improvements Element of the Comprehensive Plan (Plan Amendment Number: CPTA 2006010059) [Legislative]

4 . County initiated request to amend the Transportation Element of the Comprehensive Plan (Plan Amendment Number: CPT A 20060 l 0279) [Legislative]

RECOMMENDATION:

The above refeienced notice of public hearings is provided for the Board's information. No action is needed at this time.

F:\Community Developmcn'tUscrs\LONG RANGB.PNI\rni5 I .doc

312


FoRr•pru 11, 2006 n R , BY:'- -- ~ - A°" 11 oo..u-i 1

F:\Community Dcvelopment\Users\LONG RANGE\PNI\Pni51.doc

Indian River Co. Approved Date

Admin.

Budget

Dept

Risk Mgr,

Page2of2

313


MEMORANDUM

I 1""' 1 !/ R ......-

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

Joseph A. Baird, County Administrator

James W. Davis, P.E., Public Works Director --..__,AND Christopher J. Kafer, Jr., P.E., County Engin

Michelle A. Gentile, CET, Civil Engineer

Continuing Contract Agreement for Profess10nal Services with G.K. Environmental, Inc., Work Order No. IRDN#l for Indian River Drive North Sidewalk Improvements Indian River County Project No. 0202

March 21, 2006


Indian River County is in the process of submitting a LAP Application to receive funds from the FDOT to construct a sidewalk along the east side oflndian River Drive North between the City of Sebastian northern limits and Roseland Road (IRC Project# 0202).

Due to the close proximity of new sidewalk and the location of the Indian River, there will be permits required prior to construction. Permits will need to be obtained from SJRWMD, Army Corps of Engineers and the Florida Department of Environmental Protection.

The County currently has a continuing Contract Agreement for Professional Services with G .K. Environmental, Inc. This Agreement was approved on March IS, 2005 between Indian River County and G.K. Environment,:il, Inc. This Work Order No. IRDN#l is in accordance with this existing Agreement.

The Scope of Services for this Work Order No. IRDN#l is the completion of all tasks as described in Exhibit "A" to Work Order IRDN#l.


Staff recommends Alternative No. 1 whereby Work Order No. IRDN#l be awarded to G.K. .Environmental, Inc. under the Agreement dated March 15, 2005.

f;\Enginecring\Capital Projccts\0202-Jml.ian River Drive Sidti:wa.lk~North\0202 I.R. Drive North-ECC Ai;;n-03-21-06-mag.doc

314

PAGE TWO BCC Agenda Item from Michelle A. Gentile, CBT, Civil Engineer March 21, 2006

ALTERNATIVEN0.2

Do not ,approve Work Order No. IRDN#l and proceed to obtain R.F.Q.'s from other Environmental Companies .to prepare proposals for this type of work.


Staff recommends Alternative No. 1 whereby Work Order No. IRDN#l be awarded to G.K. Environmental, Inc. under the Agreement dated March 15, 2005.

Funding in the amount of $11,550.00 for Environmental Services and as authorized in Exhibit A to Work Order No. IRDN#l will come from 31521441-066510-06032.

ATTACHMENTS

1. Work Order No. IRDN#l w/attachments Two (2) copies of Agreement with G.K. Environmental, Inc.

DISTRIBUTION

1. James W. Davis, P.E., Public Works 2. Christopher J. Kafer, Jr., P.E., County Engineer 3. Michael D. Nixon, P.E., Design Professional 4. Jason E. Brown, Director, Management & Budget 5. Jerry Davis, Manager, Purchasing Division 6. Keith Mccully, Stormwater Engineer


Indian River Coun

Administration

BYd

Le I

'Ri.11k Mana ment

Public Works

Engineering

F:\Enginccring\C'.apital Projects\0202-Indian River Drive Sldewalk-North\02021.R. Drive NorthTSCC Agq-0~-21-06-ml:"t.g.doc.

315

WORK ORDER NUMBER IRDN#l FOR INDIAN RIVER DRIVE SIDEWALK NORTH !RC PROJECT # 0202

This Work Order No. rRDN#l is entered into as of this __ day of ____ , 2006, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as cifMarch 15, 2005 ("Agreement"), by"and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and G. K. Environmental, Inc. ("CONSULTANT").

The COUNTY has selected the CONSULT ANT to perform the professional services set forth on Exhibit "A," attached to this Work Order and made part hereof by this reference .. The orofessiona! services will be performed bv the CONSUL TANT for . . , the fee schedule set forth in Exhibit "A," attached to this Work Order and made a part hereof by this reference. The CONSULT ANT will perform the professional services within the timeframe more pa¢cularly set for in Exhibit "A," attached to the 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 offue Agreement shall be deemed to be incorporated in each individual Work Order as if fully setfortii lie rein. .

IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. ·

CONSULTANT G. K. Environmental, Inc.

.BOARD OF COUNTY COMMISIONERS OF INDJAN RIVER COUNTY.

By:----------'---Arthur R. Neuberger, Chairman

Attest: J. K. Barton, Clerk of Court

By: __________ _

Deputy Clerk

Approved:

eph .N. Baird, County Administrator

n M . on E. Fell, Assistant County Attorney if~:

F:\Engineering\C!!.pital ProJccts\0202-lndian River Drive Sidewalk-North\0202 Agenda Item Work Order No. IRDN#l - 03-23-06d.oc.Ooc 316

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DATE:

TO:

THRU:

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

March 28, 2006

JOSEPH A. BAIRD, COUNTY ADMINIS RATOR ·

w. ERIK OLSO"~ \' I

DIRECTOR OF ~\JJTY SERVICES .

FROM: MIKE HOTCHKISS, P.E., CAPITAL ~ROJECTS MANAGE~ @J/GORDON E. SPARKS, P.E. ENVIRONMENTAL ENGINEER (iP/

SUBJECT:

BACKGROUND

HALA A. SHALHOUB MEDICAL OFFICE BUILDING DEVELOPER'S AGREEMENT FOR CONSTRUCTION OF AN OFF-SITE WATER MAIN '

Dr. Hala A. Shalhoub is constructing a medical office building at 13100 US 1 in Sebastian and is desirous of connecting to County water. The County requires. that Dr. Shalhoub construct water improvements to also serve the regional area on the east side of US 1 and agrees to reimburse Dr. Shalhoub, as provided in the.Developer's Agreement, for the cost of providing these off-site utilities .

. The required 8-inch water main is a project that was started in 2001 .by another developer (Dr. Sadhwani) about 2350 feet to the south. It.was later extended" in 2003 by yet another developer (Seacrest) to a point about 969 feet south of Dr. Shalhoub's project, Eventually the entire project will serve development on the east side of US 1 from Roseland Road to a point about 4650 feet to the south. It will have two water main crossings of US 1 connecting to an existing 16-inch water main on the west side of US 1 (See Exhibit C of Developer's Agreement).

The Developer's Agreement (Attachment 1) is stipulated to reimburse Dr. Shalhoub for the COUNTY'S share of the cost of the water main upon its completion, acceptance by the COUNTY, and dedication to the COUNTY (See Attachment 1, Exhibit "B").

F:\Utili~iee\TJTI~ITY - ENGINEERING\Projects - Utility Construction Ferrnits\Se~ast~~n - Shalho\ll;i i Wate~ Main Extension UCP #2750\AGENDA - MEMO FOR DEVELOPER 1S W;R~EMEN'r M~~ch ~s, ~006-doc

321

ANALYSIS

The water main installation will comprise construction of an 8-inch diameter pipe, valves, fittings, and other appurtenances. This water main will be in the Right-of-Way of US 1 _ (See Attachment 1, Exhibit "C"). As shown on Attachment 1, Exhibit "B" of the attached Developer's Agreement, the estimated cost sharing between Dr. Shalhoub and the COUNTY is as follows:

Total Project Cost DEVELOPER'S Share COUNTY'S Share

$109,820.49 $ 32,924.40 $ 76,896.09

Dr. Shalhoub's share of $32,924.40 include a proportionate share of the original water main crossing of US 1 constructed by Dr. Sadhwani plus his front footage of 315 feet of water main. The COUNTY'S share of $76,896.09 will be funded from the capacity charge fund, Account No. 472.

RECOMMENDATION

The staff of the Department of Utility Services recommends the Board of County Commissioners approve' the attached Developer's Agreement, authorize the Chairman to execute same, as presented, and authorize the Department of Utility Services to recover capacity charges and line extension fees from future customers.

I 1ST OF ATTACHMENTS

1. Attachment 1 Agreement Between Indian River County and Dr. Hala A. Shalhoub, with Exhibits.

GES/ges Attachments

Indian River Co.

Administration

Utilities

Budget·

Legal

Risk Manager ,'f,of.-, 'F:\Utilitiea\UTlLlTY - EN'GINEERING\Projccta • Utility L_ __ ___:::::_ _ __L~:)o.~-.l.!:.!=c.!!!<~ Water M~in Extension UCP #2750\AGENDA - MEMO FOR DEVEI

322

AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA

AND

HALA A, SHALHOUB (DR. SHALHOUB OFFICE BUILDING)

FOR THE CONSTRUCTION OF OFF"SITE UTILITIES

THIS AGREEMENT, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (known hereinafter as the COUNTY") and, Hala A. Shalhoub, (which is the entity developing Dr. Shalhoub Office Building) the address of which is 1302 River Reach Drive, Vero Beach, Florida 32967, (hereinafter the DEVELOPER) is effective Up\:in execution by the second of the two parties.

WHEREAS, the DEVELOPER; in conjunction with the construction improvements at Dr. Shalhoub Office Building, is providing water and wastewater facilities to serve the subject property located at 13100 US Highway 1, Sebastian, Fl9rida, and more specifically described in Exhibit "A" and as shown on Exhibit "C".

WHEREAS, pursuant to Section 918.05, The Code of Indian River County (Ordinance 90-16, as amended), the COUNTY, requires the DEVELOPER to provide the utility improvements to serve the regional area, and agrees to reimburse the DEVELOPER, as provided herein, for the cost of providing these off•site utilities,

NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valua,ble consideration, the COUNTY and DEVELOPER agree as follows;

1. Off-Site Utilities: The DEVELOPER shall construct the necessa:cy off-site utilities described herein as directed bythe lndian River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for constructing of the off-site utilities as outlined below:

A. 8-inch Diameter Water Main along US 1 from Seacrest Plaza North, 1387 +/. LF: The DEVELOPER shall furnish and install

1387 +/- LF of 8-inch watermain plus a prorated portion of the costs for the US Hwy 1 watennain crossing/interconnect under US Hwy! located south of Quality Health Care, Fountain Towers, LLC.

Reimbursement: Following the DEVELOPER'S payment of Capacity Charges, the COUNTY shall reimburse the DEVELOPER based on an itemized invoice of the installed material on a complete basis after the above referenced facilities are dedicated to and accepted by the COUNTY. The funds to reimburse the DEVELOPER shall derive from the connection charges of other properties that use the constructed lines and facilities based on their share of the hydraulic capacity used.

Reimbursement shall be in the form ofa check from the COUNTY, and shall not exceed the amount of $76,896.09 (See Exhibit "B")

2, Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement.

3, Assignability: Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by·the assignee and the COUNTY. ·

4. Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms.

5. Bidding and Award: The DEVELOPER shall use the County's public competitive bid process for all off-site utilities to be cons1ructed under this Agreement, and Developer further agrees fully and timely to cooperate with the COUNTY in the public competitive bidding of the construction of off-site utilities described in this Agreement. The DEVELOPER shall timely provide the Indian River County Purchasing Division with sufficient information, including, without limitation, the nature of the project, where the plans may be purchased, the purchase price of the plans in an amount not to exceed One Hundred Dollars ($100.00), the proposed date of bid opening, and all other necessary and required competitive bid details to ensure sufficient public notice of the construction of off-site utilities described in this Agreement to enable the COUNTY to post a notice on DemandStar. The DEVELOPER agrees that the Indian River County Purchasing Division shall conduct the public competitive bid process for the construction of off-site utilities described in this Agreement to· obtain bona fide bids from licensed and qualified utility contractor_s, and such bids to be publicly opened and read aloud. The DEVELOPER shall cause the DEVELOPER's consulting engineer to review the bids received by the Indian River County Purchasing Division, and to make a written recommendation to the County's Department of Utility Services for award of the bid to a licensed and qualified utility contractor. The term "qualified" shall be as determined by the County. The COUNTY's reimbursement of construction costs to the DEVELOPER shall be conditioned upon the approval of all project costs by the County's Department of Utility Services. Bid proposals and engineering costs related to the work described herein shall be subject to prior approval by County's Department of Utility Services. The DEVELOPER shall not commence work unless the County's Department of Utility Services provides written approval of the final construction cost and the fiµal project cost. The COUNTY may require redesign and/or re-bid if, in the COUNT:i"s sole discretion, project costs significantly exceed those contained in Exhibit "B." '

6. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any cons1ruction or interpretation of this Agreement or any of its provisions.

7. Construction Plans. Technical Specifications and Contract Documents: The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of Environmental Protection (FDEP). The DEVELOPER shall not commence construction until all permits are approved and obtained.

8, Definition: All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require.

9. DEVELOPER's Obligations: The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement, advertisement, general conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary

f:IUTILITIESIUTILITY - (IN'OfNEERING'PROJEGTS - U1"H,.ITY CONSTRUCTION Pl:!!.Ml'l'.~IS.EBASTIAN, iiHALt10(JJ;I WATER MAJlll EXTEN~101'1 ur;;~ .ll~HQ'SHALHOUB FINAL m;V!l~OPEP:.'.~ AG!lEEMEl'IT,.. 324

to deliver the water and wastewater utilities from the COUN'tY' S facilities. All plans and specifications shall be subject to the COUNTY's approval prior to the DEVELOPER's application. The DEVELOPER shall be responsible for all costs associated with the design, permitting and construction of the offsite facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and associated appurtenances) whether designed, permitted ·or constructed by the DEVELOPER or the COUNTY.

The design, permitting, construction, operation and maintenance of all on-site water and wastewater utilities which is on or solely dedicated to the DEVELOPER's property (including but not limited to water meter, transmission lines, pumps, valves, storage facilities, etc.) shall be the DEVELOPER's responsibility and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and approval.

The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of the water meter, howev,er the DEVELOPER shall not be deemed to own the water, and the transfer or sale of water by the DEVELOPER is prohibited.

The DEVELOPER may not transfer or sell water or wastewater capacity to any party foruse off-site of the property.

10. Easements: The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities for the COUNTY to install, maintain, operate and monitor the water and wastewater utUities, within the private right-of-way including, but not limited to, water lif!es, services, laterals, manholes, meters, lift station, sewer, remote monitoring and related utility structures.

After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance with the approved plans and specifications, the DEVELOPER shall convey all the off-site facilities together with an interest in land, as may be required by the COUNTY, to the COUNTY. The conveyance shall include any of the following documents as maybe required by the COUNTY, in a fonn acceptable to the COUNTY: a) Bill of Sale b) Grants of Easements c) Maintenance Bond d) Record Drawings (hard copy and electronic format- AutoCAD rel. 14.0 or higher)

11. Entire Agreement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there is no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. ·

12. Governing Law & ,Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in :Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. All of the parties to this Agreement have participated freely in the negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto.

l3. Insurance and Indemnification: The DEVELOPER shall ensure that, at least ten (1 O) days prior to the commencement of any work, the selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general liability insur,ince with a reputable insurance company subject to approval by the COUNTY's risk manager in an amount not less than $3,000,000 combined single limit for bodily injury and property

F:,U'l"IUT]E..!llUT!LITY , ENGIN!!liRJl>IClrf!O)~.S - UTILITY CONSTRUCTION p~jl.MITS·-!JEBASTIAN. SHALHOUB WI\Tl:ll MA.IN EXTENSION UCI' ~7so,sHALHOUB F!Nhl. DBV[ll,l)~\;1'-'S ~l'I.EEMENT" 325

damage in accordance with the COUNTY's Administrative Policy Manual. The DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable insurance company subject to approval by the COUNTY's risk manager in an amount not less than $3,000,000 per occurrence combined single limit for bodily injury and property damage in accordance with the COUNTY's Administrative Policy Manual. The commercial general liability and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of worker's ·compensation insurance with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee) in accordance with the COUNTY's Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30) days' written notice by registered mail, return receipt requested, addressed to the COUNTY's risk manager, prior to cancellation or modification of any required insurance.

The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property that may arise out of, or be occasioned by, any work contemplated by this agreement, or from any act or omission of any representative, agent, client, and/or employee of DEVELOPER, and DEVELOPER shall inderrmify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including attorney fees. DEVELOPER shall inderrmify the COUNTY against any claim for damage that any utility, whether publicly or privately owned, may sustain or receive in connection with any work contemplated by this agreement. DEVELOPER shall not make any claim of any kind or character whatsoever against the COUNTY for

· damages that it may suffer by reason of the installation, construction, reconstruction, operation, and/or maintenance of any public improvement; or utility, whether presently in place or which may in the future be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities, and whether such damage is due to flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or nature. It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition of this agreement, that it shall be full and total inderrmity against any kind or character of claim whatsoever that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or in connection with any work contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments, including attorney fees, that may be rendered against the COUNTY or against the COUNTY's officers, employees or agents in connection therewith.

14. Letter of Credit: The DEVELOPER acknowledges and agrees that time is of the essence in the performance of this Agreement and that other developments are dependent on the timely completion of the off.site improvements described in this Agreement. . Therefore, it is a condition of this Agreement the DEVELOPER agrees to furnish to INDIAN RIVER COUNTY an Irrevocable Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach, Florida, in the amount of 100 percent of the total amount of the offsite utility bid, subject to COUNTY's approval, as security for the faithful and timely performance of all of the Developer's obligations under this Agreement. The expiration date of the letter of credit shall be upon completion of project and acceptance by the COUNTY, not to exceed two years from the date of issuance. The DEVELOPER and COUNTY agree that construction of the utilities described in this Agreement must be complete within six months of the Notice to Proceed, as issued by the. COUNTY. lf said construction is not complete within six months from the Notice to Proceed date, as established by the COUNTY, then the COUNTY shall draw upon the irrevocable letter of credit.

F~UTILIT!BSIIJTILITV. ENGINEERJNGIPROJECTS - U'l'H,.lTV CONSTRUCTION P5RMl'r,S,SEBAST1AN - SHALHOUB WAT~il MAr,,I F,.)i:Tl,.N~ION l,ICI" ~l?SO\SHAl.HOUB FINAL DEVELOPliK'S i\GILEEMENT _ 326

15. Maintenance Bond: The DEVELOPER agrees to convey all right, title, and interest in the aforementioned utility improvements to INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval, issued by a reputable surety company authorized to do business in the State of Florida, for a period of one · year after the COUNTY'S acceptance of the improvements. The value of the Maintenance Bond shall be 25 percenf of ilie total construction value of ilie utility improvements. At the COUNTY's sole dlsqretion, the COUNTY may accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach, Florida, in Heu of a surety bond.

16. Multiple Counterparts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged.

17. Permits: The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed to and wastewater collected from the subject property. If, through no fault of the parties involved, any federal, state or local government or agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires a material change in ilie system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is-impossible or impracticable to perform under the terms of this Agreement because of the above, then this Agreement shall ternrinate and the parties shall have no further obligations to each other.

The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic testing, cross connection control, monitoring, color-coding of water and wastewater equipment.

18. Recording of Agreement: This Agreement may be recorded in the official records of Indian River County by the COUNTY. If recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent owners of the property for the term ofiliis Agreement. The DEVELOPER shall pay for alJ recording cost.

19. Severabillty / Invalid Provision: If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future Jaws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, an'1 the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement.

20. :Tomil The term of this Agreement is five (5) years. Unless otherwise agreed to by the parties in writing, this Agreement shall not be renewed automatically for successive terms. Notwithstanding ilie foregoing, this Agreement shall be coterminous with FDEP Permit for construction and with ilie County's Utility Construction Permit, whichever provides a shorter time period, but shall be not more than five (5) years from the date of issuance. The County may terminate this Agreement early in its sole discretion if it determines that the development project intended to be served by the improvements is suspended or discontinued.

21. Time of Essence: Time is of the essence ofiliis Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of

327

Florida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday.

IN WITNE WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this follows:

s ignature

f/ltt'iL- 1/a.k!-~sg_n Witness Printed Name

~i.MJd 6rlti 1),5 Wiess Signature

ILa.ler,e. 6 , Lew, s Witness Printed Name

Attest: ___________ _ J. K. Barton, Clerk of the Circuit Court

By: ____________ _ Deputy to the Clerk oftbe Board Date:, ____ _

Date: ~---'-i++/_0"""'-+/.,_,_o (;,__· __ I ,

BOARD OF COUNTY COMMISSIONERS. INDIAN RIVER COUNTY, FLORIDA

By: Arthur R. Neub!![ger, Chairman BCC Approved: _____ ~--

Marian E. Fell, Asst. County Attorney Date: -----

f:IUTil.rftf!51U"tn.rtY , b'l-!(;JN£1!RlNO~RoJ8CTt;.- UTILITY CONSTRUt'i'lON l'ERMITS\SEBASTIAN • :!li-lAIJroUB WATER MAINEXIEN3IONUC? #27S0'8HAI..HOUB FINAL DEVEI..Ql'e:R'$ A()N3m,,cm,rr M,l,,RCH.27.2006DOC - 328

EXHIBIT A

LEGAL DESCRIPTION AND PLAT

WEST PARCEL

LOT 18, JEANS UNIT INDIAN RIVER TWIN ESTATES. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 31 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.

EAST PARCEL

THAT PART OF LOT 19. LYING EAST OF STATE ROAD 5/US HIGHWAY NO. 1, OF "PLAT OF WAUREGAN ON FLEMING GRANT" SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 75, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND RE-FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, AS SHOWN IN PLAT BOOK 1 PAGES 178 AND 179.

SAID LANDS NOW SITUATE IN INDIAN RIVER COUNTY, FLORIDA. .

P;ll,lTli..lTIES'UTIUTY. ENGINEERING'-PROJECTS. UTILITY COl'lSTRUCTION PERMITS'.SEEIASTJAlll - Sl1A,1,HQVtl WATER MNl'I EXTENSION UCP#l7S0',SHAl..1"1Ol,ll;l 1'11,jM, DEVELOPER'S /\GREEMENT, Jv!A,KeH 27. 2006.DOC

329

EXHIBIT B

CONSTRUCTION COST ESTIMATE

Mobilization Traffic Control 8-inch Water Main PVC F.H. Assemblies Misc. Fittin s 2-inch Blowoff Assembl 8-inch HDPE C906-90 Direction Drill Bores 8-inch Gate Valve

Construction Services Bid Award

A= 315 If/ 2325 If* Subtotal A. = B = 315 If/ 1284 If• Subtotal B. = C= Subtotal C-$15,604 $78,018 • 20% = Total Share of Improvement Costs for Develo er " A+B+C"

Total Share of Improvement Costs for County = D+E+F=

$2,800.00 $5,000.00

1 $5 000.00 1144 $20.00

1 $2 500.00 1 $10,000.00 1 $1,000.00

140 $80.00 2 $800.00

$15,000.00 1 $8,000.00

$1 000.00 1 $2,000.00 1 $1 000.00

$2 000.00

$2 800.00 Is $5,000.00 Is $5,000.00 If $22,880.00 ea $2,500.00 Is $10,000.00 ea $1 000.00 If $11,200.00 ea $1,600.00

$15 000.00 Is $8,000.00 Is $1,000.00 Is $2,000.00 Is $1,000.00 Is $2,000.00

$2,802.49 $16,725.91 $13,396.00

$76,896.09

P"l'-UTILITIES\lfTILITY • ENGINEERJNG\PRDJECTS • UTILITYCOf'ISTRUCTJO!'l PERMITSISEBASTIAl'I • SHAUIOUB WATER MAIN EXTENSlON UCf' ~1?~0\!,HAJ,,11¢1)ll ~rf'IN. tiliVE'LOP6R'S /\Cill.EEMfirl'T_ MAACH 27. 2006.DOC

330

~\. 4650 lflrom

South Crossing to

Roseland Rd • ... -;:t;:

2325 If from Proposed

North Crossing to

RO$Oland Rd.

EXHIBIT C WATER DISTRIBUTION SYSTEM

1041 If Existing 8" 969 If Proposed 8" 315 If Proposed 8" ~ Total length= 2325 If from North Crossing to South Crossing

331

TO:

DATE:




March 29, 2006

APRIL 11, 2006 ITEM 13.B.1

SUBJECT: Architectural Review Committee for Planned Developments

FROM: Gary C. Wheeler, Commissioner

Following the public hearing for the Turtle Creek Planned Development (PD) on April 4, 2006, I made a motion to direct staff to look into the pros and cons of having an Architectural Review Committee for Planned Developments (PD). This motion was withdrawn, as it was not an item on the agenda. I am placing it on the agenda on April 11, 2006 for discussion by · the Board.

F:IBCC\Agenda ltems\2006\Wheeler-Architectural Review Committee.doc 332