Indian River County Board of County Commissioners Meeting … · 2018. 4. 7. · I. Drainage/Temporary Construction Easement Acquisition, Oslo Road (27 th Avenue to 43rd Avenue),

July 20, 2010 Page 1 of 6

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

Peter D. O’Bryan, Chairman District 4 Joseph A. Baird, County AdministratorBob Solari, Vice Chairman District 5 Alan S. Polackwich, Sr., County AttorneyWesley S. Davis District 1 Jeffrey K. Barton, Clerk to the BoardJoseph E. Flescher District 2 Gary C. Wheeler District 3

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

2. INVOCATION

Deputy Terry Floyd, Indian River County Sheriff Office

3. PLEDGE OF ALLEGIANCE

Alan S. Polackwich, Sr., County Attorney

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation of Proclamation Designating July 18 – 24, 2010 as Probation,

Parole and Community Supervision Week 1

B. Update from Director of Emergency Services, John King, Regarding the

Deepwater Horizon Oil Spill

County Commission Chamber Indian River County Administration Complex

1801 27th Street, Building A Vero Beach, Florida, 32960-3388

www.ircgov.com

TUESDAY, JULY 20, 2010 - 9:00 A.M.


6. APPROVAL OF MINUTES PAGE

None

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION

A. Environmental Services: Purchase Orders processed February 6th, 2010 through June 25th, 2010 (Memo No. 2) (memorandum dated July 1, 2010) 2-3

8. CONSENT AGENDA

A. Approval of Warrants and Wires – July 2, 2010 to July 8, 2010

(memorandum dated July 8, 2010) 4-11 B. Segovia Lakes PD – Temporary Blanket Utility Easement

(memorandum dated July 9, 2010) 12-18 C. Authorization for Out of County Travel for County Administrator

(memorandum dated July 13, 2010) 19-21

D. Traffic Control Device Ledger (memorandum dated July 12, 2010) 22-41

E. Indian River County Bid #2010035, Remove and Replace an Uninterruptible Power System (memorandum dated July 7, 2010) 42-44

F. Amendment No. 4 to The Professional Architectural and Engineering Services Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P.A., Indian River County Parks Maintenance Complex – IRC Project No. 0701 (memorandum dated July 6, 2010) 45-50

G. Kimley-Horn and Associates, Inc. Approval Work Order No. 1 to the Annual Professional Engineering Services Agreement Old Dixie Highway Sidewalk from 38th Lane to 65th Street – IRC Project No. 0845 (memorandum dated July 8, 2010) 51-57

H. Right-of-Way Acquisition, 66th Avenue, Project #0370, 6840/6810 41st Street (Located west of 66th Avenue on 41st Street) Owner: Richard L. and Linda Waddell (memorandum dated July 7, 2010) 58-67


8. CONSENT AGENDA PAGE

I. Drainage/Temporary Construction Easement Acquisition, Oslo Road (27th Avenue to 43rd Avenue), Owner: Bruce L. and Nancy G. Stamile (memorandum dated June 21, 2010) 68-79

J. Resolution Requesting Assistance from State of Florida Beach Erosion Control Program (memorandum dated July 13, 2010) 80-81

K. Approval of Audit Firm (memorandum dated July 12, 2010) 82-107

L. Miscellaneous Budget Amendment 015 (memorandum dated July 13, 2010) 108-113

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Indian River County’s Request for Special Exception Use Approval to Rebuild the Oslo Convenience Center/Transfer Station (memorandum dated July 6, 2010) 114-125

Quasi-Judicial

2. Consideration of an Amendment to County Chapter 300 to Modify the County’s Locational Requirements For Premises Serving Alcoholic Beverages To Correspond To State Requirements (memorandum dated July 7, 2010) 126-147

Legislative

3. Pain Clinic Moratorium Ordinance

(memorandum dated July 9, 2010) 148-154 Legislative

B. PUBLIC DISCUSSION ITEMS

Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes.

1. Request to Speak from Jennifer Lahman Regarding Lien imposed

against Oaks of Vero Development 155


10. PUBLIC ITEMS PAGE

C. PUBLIC NOTICE ITEMS

None

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

None

B. Emergency Services

None

C. General Services

None

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

None


12. DEPARTMENTAL MATTERS PAGE

J. Utilities Services

None

13. COUNTY ATTORNEY MATTERS

A. Update on Vista Gardens Code Enforcement Issues (memorandum dated July 9, 2010) 156-157

B. Hiring of Outside Counsel to Assist in Electric, Water and Sewer Franchise Issues (memorandum dated July 9, 2010) 158-159

14. COMMISSIONERS ITEMS

A. Commissioner Peter D. O’Bryan, Chairman

None

B. Commissioner Bob Solari, Vice Chairman

None

C. Commissioner Wesley S. Davis

None

D. Commissioner Joseph E. Flescher

None

E. Commissioner Gary C. Wheeler

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disposal District

None


15. SPECIAL DISTRICTS AND BOARDS PAGE

C. Environmental Control Board

None

16. 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 (TDD # 772-770-5215) 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:

Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m.,

Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m.

PROCLAMATION DESIGNATING JULY 18-24, 2010 AS

PROBATION, PAROLE AND COMMUNITY SUPERVISION WEEK

WHEREAS, community corrections is an essential part of the justice system by upholding the law with dignity, while recognizing the right of the public to be safe-guarded from criminal activity; and

WHEREAS, community corrections professionals are responsible for supervising adult and juvenile offenders in the community; and

WHEREAS, community corrections professionals are trained to provide services and referrals for offenders by working in partnership with community agencies and groups; and

WHEREAS, community corrections professionals promote prevention, intervention and advocacy while providing services, support, and protection for victims; and

WHEREAS, community corrections professionals advocate community and restorative justice and are a true FORCE FOR POSITIVE CHANGE in their communities, and

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that July 18-24, 2010 will be designated as PROBATION, PAROLE and COMMUNITY SUPERVISION WEEK and encourage all citizens to honor these community corrections professionals and to recognize their achievements.

Adopted this 20th day of July, 2010.

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA

illu:u. d3 Peter D. O'Bryan, C~

TO:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

Joseph A Baird, County Administrator

INFORMATIONAL ITEM July 20, 2010

Christopher R. Mora, P.E., Public Works Direcit: Christopher J. Kafer, Jr., P.E., County Engine Michael D. Nixon, P.E., Roadway Production M nager ~

THROUGH:

FROM:

SUBJECT:

DATE:

Arjuna Weragoda, P.E., Project Engineer kto Environmental Services: Purchase Orders processed February 6th, 2010 through June 25th, 2010 (Memo No.2)

July 1, 2010

On November 3, 2009, the Board of County Commissioners approved Amendment No. 2 to the Continuing Contract Agreement for Professional Services between G.K. Environmental, Inc. and Indian River County, allowing for Purchase Orders to be created for environmental evaluation requests for $15,000.00 or less, with the provision that the Board of County Commissioners will be routinely advised of these Purchase Orders through an Informational Item.

Between February 61h, 2010 and June 25th, 2010 the following four (4) Purchase Orders have been

processed:

Project:

Oslo Boat Ramp IRC Project No. 0381 Purpose: Cultural Resource Assessment Survey Requested by: Engineering Division G.K. Environmental, Inc. Purchase Order No. 60312, dated February 23, 2010 Amount= $ 3,990.80 Account: 13321072-066510-03017 Florida Boating Improvement Program, Oslo Boat Ramp

Project:

12th Street Sidewalk IRC Project No. 0604 Purpose: Cultural Resource Assessment Survey. Requested by: Engineering Division G.K. Environmental, Inc. Purchase Order No. 60472, dated April 8, 2010 Amount= $2,314.96 Account: 31521441-066510-07804 Optional Sales Tax, 121

h Street Sidewalk (27th Ave- 43"' Ave)

7A

f:\public works\engineering division projects\gk environmental purchase orders \purchase orders for design projects 06-25-10.doc 2

BCC Environmental Services Purchase Order Informational Item memo #2 From: Arjuna Weragoda, Project Engineer July 1, 2010 Page 2 of2

Project:

Two Site Assessments on CR-510. IRC Project 0549 Purpose: Phase I Audit/Environmental Site Assessment and wetland jurisdictional and endangered & threatened species of special concern survey. Requested by: Engineering Division G.K. Environmental, Inc. Purchase Order No. 60544, dated April29, 2010 Amount= $ 4,055.00 Account: 10215141-066120-05023 Traffic Impact Fees, District One, CR510, 61 51 Drive to Shore Lane

Project:

Old Dixie Hwy Sidewalk at North Relief Canal. IRC Project 0549 Purpose: Support Documentation for SHPO Review and Environmental report justifying no wetlands present adjacent to the bridge. Requested by: Engineering Division G.K. Environmental, Inc. Purchase Order No. 60620, dated May 25, 2010 Amount= $ 1,021.76 • Account: 10921441-066510-10007 Secondary Roads, Old Dixie Hwy Sidewalk, 38th Lane to 65th Court

Indian River County Ap-d Date

Administration (5 ~ 7)/51;o

Budget ( ~ 7{12. to

Legal v..;~o..,}- 7 ..-fl---IC

Public Works C..v 7-l;l~Ja

Engineering ~ 7~6'~;o

f:\public works\engineering division projects\gk environmental purchase orders\purchase orders for design projects 06-25R10.doc 3

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: July 8, 2010

SUBJECT: APPROVAL OF WARRANTS AND WIRES July 2, 2010 to July 8, 2010

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 ofJuly 2, 2010 to July 8, 2010.

Attachment:

DB:MS

4

CHECKNBR 253379 253380 253381 253382 253383 253384 253385 253386 253387 253388 253389 253390 253391 253392 253393 253394 253395 253396 253397 253398 253399 253400 253401 253402 253403 253404 253405 253406 253407 253408 253409 253410 253411 253412 253413 253414 253415 253416 253417 253418 253419 253420 253421 253422 253423 253424 253425 253426 253427 253428 253429 253430 253431 253432 253433 253434 253435 253436

CKDATE 7/2/2010 I 7/2/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/7/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/812010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/812010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 l 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/812010 1

CHECKS WRITTEN

VENDOR AMERICAN STRATEGIC INSURANCE CORPORATION TOWER HILL PREFERRED INSURANCE CO ILLINOIS STATE DISBURSEMENT UNIT CHAPTERI3TRUSTEE VB FIREFIGHTERS ASSOC I R FEDERAL CREDIT UNION CALIFORNIA STATE DISBURSEMENT UNIT FLORIDA DEPT OF EDUCATION MISDU MICHIGAN STATE PENNSYLVANIA SCDU INDIAN RIVER CO BOCC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT NYS CHILD SUPPORT OHIO CHILD SUPPORT AMERICAN FAMILY LIFE ASSURANCE CO RELIANCE STANDARD LTD RELIANCE STANDARD LTD EVERGLADES FARM EQUIPMENT CO INC PORT CONSOLIDATED INC SPEEDWELL TARGETS STURGIS LUMBER & PLYWOOD CO PRAXAIR DISTRIBUTION SOUTHEAST LLC JORDAN MOWER INC INDIAN RIVER AUTO PARTS LLC INDIAN RIVER AUTO PARTS LLC SSESINCDBA VERO CHEMICAL DISTRIBUTORS INC HARRISON UNIFORM CO COPY CO INC DBA ALARM PARTNERS CHISHOLM CORP OF VERO MA TRX MEDICAL INC NORTH SOUTH SUPPLY INC VELDE FORD INC SAFETY PRODUCTS INC DATA FLOW SYSTEMS INC COLD AIR DISTRIBUTORS WAREHOUSE DELTASUPPLYCO E-Z BREW COFFEE & BOTTLE WATER SVC INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC COCA COLA ENTERPRISE REPUBLIC SERVICES OF FL LP DEMCOINC F&W PUBLICATIONS THE GALE GROUP AMERIGAS EAGLE PROPANE LP DAVES SPORTING GOODS & TROPHIES DAILY COURIER SERVICE ACCUTECH INSTRUMENTATION INC APPLE INDUSTRIAL SUPPLY CO ZEPHYRHILLS SPRINGWATER PHYSIO CONTROL INC CARDO USA INC RELIABLE SEPTIC AND SERVICE HD SUPPLY WATERWORKS, LTD

AMOUNT 172.00 178.00 142.32

1,167.40 6,120.00

53,003.86 120.92 227.38 478.85 299.18

7,220.87 211.01 213.89 119.35 195.27 235.39

13,735.10 519.64

6,305.15 7,620.03

637.41 399.50 140.18 854.35 247.64

65.15 249.84

71,032.51 ·1,922.85

81.57 168.98 116.34

9,168.56 542.50 374.69

80.23 321.98

1,469.90 379.88 319.57

66.90 2,384.60 1,350.23 1,033.83

404.82 255.95 111.71 254.58 911.28

3,157.10 1,332.00

46.41 104.54 124.74 616.25

4,179.60 220.00

5,391.68

5

CHECKNBR CKDATE VENDOR AMOUNT 253437 7/8/2010 I BOUNDTREE MEDICAL 312.20 253438 7/8/2010 I VERO INDUSTRIAL SUPPLY INC 67.23 253439 7/8/2010 I ANIMAL CARE EQUIPMENT & SERVICES 65.29 253440 7/8/2010 I FLORIDA VETERINARY LEAGUE 166.00 253441 7/8/2010 I TIRESOLES OF BROW ARD INC 9,496.63 253442 7/8/2010 I ATLANTIC COASTAL TITLE CORP 300.00 253443 7/8/2010 I HOMELAND IRRIGATION 43.45 253444 7/8/2010 I GENERAL PART INC 1,247.89 253445 7/8/2010 I BAKER&TAYLORINC 960.03 253446 7/8/2010 1 BARNEYS PUMP INC 6,340.00 253447 7/8/2010 I ARAMARK UNIFORM SERVICES 1,678.12 253448 7/8/2010 I LOWES CO INC 1,113.50 253449 7/8/2010 I ODYSSEY MANUFACTURING CO 11,964.75 253450 7/8/2010 I K & M ELECTRIC SUPPLY 309.82 253451 7/8/2010 I PALM TRUCK CENTERS INC 96.00 253452 7/8/2010 I HBELINC 7,459.00 253453 7/8/2010 I CITY OF VERO BEACH 3,172.76 253454 7/8/2010 I CAMP DRESSER & MCKEE INC 8,490.00 253455 7/8/2010 I APPLE MACHINE & SUPPLY CO 64.43 253456 7/8/2010 I INDIAN RIVER ALL F AB INC 2,567.11 253457 7/8/2010 I COMMERCIAL ENERGY SPECIALISTS 1,946.78 253458 7/8/2010 I AT&T 71.85 253459 7/8/2010 I AT&T 131.47 253460 7/8/2010 I UNITED PARCEL SERVICE INC 7.79 253461 7/8/2010 I FERGUSON ENTERPRISES INC 4,992.40 253462 7/8/2010 I FGFOA 25.00 253463 7/8/2010 I WILBERT SHEPHARD 95.00 253464 7/8/2010 I JANITORIAL DEPOT OF AMERICA INC 432.44 253465 7/8/2010 I PUBLIX SUPERMARKETS 39.39 253466 7/8/2010 I WALMART 115.47 253467 7/8/2010 I AAA COOPER TRANSPORTATION 105.81 253468 7/8/2010 I INDIAN RIVER COUNTY UTILITIES 5,478.42 253469 7/8/2010 I FLORIDA WATER & POLLUTION CONTROL 450.00 253470 7/8/2010 I DUMONT COMPANY, INC 1,839.00 253471 7/8/2010 I OFFICE DEPOT BSD CUSTOMER SVC 567.47 253472 7/8/2010 I AMERICAN RED CROSS NO TREASURE COAST CHA 45.00 253473 7/8/2010 I FEDERAL EXPRESS 50,07 253474 7/8/2010 I COMO OIL COMPANY OF FLORIDA 1,365.65 253475 7/8/2010 I DON LAWLESS 100.00 253476 7/8/2010 I FLORIDA POWER AND LIGHT 31,496.43 253477 7/8/2010 1 FLORIDA POWER AND LIGHT 2,880.45 253478 7/8/2010 I SHELL CREDIT CARD CENTER 143.80 253479 7/8/2010 1 MIKE CLIFFORD 300.00 253480 7/8/2010 1 ROBERT M KEATING 495.60 253481 7/8/2010 I BAG BOY COMPANY 394.80 253482 7/8/2010 1 STATE ATTORNEY 8,716.01 253483 7/8/2010 I WASTE MANAGEMENT INC 2,326.20 253484 7/8/2010 I COMPLETE ELECTRIC INC 76.00 253485 7/8/2010 I JOSEPH A BAIRD 679.70 253486 7/8/2010 I FRANCES G SHERWOOD 59.97 253487 7/8/2010 I CHRISTOPHER R MORA 695.85 253488 7/8/2010 I SWANA 395.00 253489 7/8/2010 I BE SAFE SECURITY ALARMS INC 100.00 253490 7/812010 I HENRY SMITH 105.00 253491 7/8/2010 I KURT STEFFEN 30.00 253492 7/8/2010 1 EMBASSY SUITES HOTEL 605.00 253493 7/8/2010 I EMBASSY SUITES HOTEL 447.00 253494 7/8/2010 1 ALAN C KAUFFMANN 40.00 253495 7/8/2010 I MUSCO SPORTS LIGHTING LLC 1,038.00 253496 7/8/2010 I WESTSIDE REPROGRAPIDCS OF VERO BEACH INC 225.81

2 6

CHECKNBR CKDATE VENDOR AMOUNT 253497 7/8/2010 1 KEEP INDIAN RIVER BEAUTIFUL INC 1,212.36 253498 7/8/2010 1 COM CAST 89.23 253499 7/8/2010 1 COM CAST 60.00 253500 7/8/2010 1 JIM DEGRAFFENREID 40.00 253501 7/8/2010 1 LIONEL OGILVIE 155.00 253502 7/8/2010 1 ADVANCED XEROGRAPHICS IMAGING 4,926.37 253503 7/8/2010 1 CHARLES KELSO 75.00 253504 7/8/2010 1 LINDSEY GEIB 120.00 253505 7/8/2010 1 TIMGEIB 120.00 253506 7/8/2010 1 BRIDGE DESIGN ASSOCIATES INC 748.35 253507 7/8/2010 1 ISLAND TITLE AGENCY LLC 15,000.00 253508 7/8/2010 1 ISLAND TITLE AGENCY LLC 15,000.00 253509 7/8/2010 1 ISLAND TITLE AGENCY LLC 20,000.00 253510 7/8/2010 1 FLORIDA DEPT OF BUSINESS & PROF 1,275.00 253511 7/8/2010 1 HOMETOWN NEWS 292.40 253512 7/8/2010 1 SHRIEVE CHEMICAL CO 6,941.53 253513 7/8/2010 1 JACOBS, RANDALL D 81.80 253514 7/8/2010 1 HABITAT FOR HUMANITY 47.71 253515 7/8/2010 1 SALVATORPERO 80.00 253516 7/8/2010 1 MICHAEL J QillGLEY 160.00 253517 7/8/2010 1 WILLIAM SHANDOR 120.00 253518 7/8/2010 1 VER!ZON WIRELESS 129.03 253519 7/8/2010 1 CINTAS CORPORATION NO 2 180.21 253520 7/8/2010 1 FREDERICK PAUL MAZZA 250.00 253521 7/8/2010 1 SHUBIN & BASS PA 2,389.40 253522 7/8/2010 1 CENTRAL PUMP & SUPPLY INC 220.20 253523 7/8/2010 1 MICHAEL C ZITO 201.45 253524 7/8/2010 1 MARONDA HOMES 97.20 253525 7/8/2010 1 CAPITAL OFFICE PRODUCTS 113.69 253526 7/8/2010 1 DICKERSON FLORIDA INC 616.76 253527 7/8/2010 1 CHARLES MESSER 155.00 253528 7/8/2010 1 HARCROS CHEMICALS, INC. 8,848.86 253529 7/8/2010 1 BETTY BEATTY-HUNTER 183.33 253530 7/8/2010 1 JOE RIVERA 100.00 253531 7/8/2010 1 DANE PFARR 140.00 253532 7/8/2010 1 JACK ICE AND JAVA INC 910.00 253533 7/8/2010 1 RICHARDS, SHATIKA 36.60 253534 7/8/2010 1 ARDAMAN & ASSOCIATES 539.00 253535 7/8/2010 1 WINBURN, THOMAS L 10.50 253536 7/8/2010 1 COLANDREA,HEATHER 18.65 253537 7/8/2010 1 PAUL, VERNELL 17.14 253538 7/8/2010 1 VOYAGER FLEET SYSTEMS INC 12,861.06 253539 7/8/2010 1 METRO FIRE PROTECTION SERVICES INC 46.95 253540 7/8/2010 1 1ST FIRE & SECURITY INC 554.00 253541 7/8/2010 1 KENNY CAMPBELL JR 200.00 253542 7/8/2010 1 INDIAN RIVER ASSOC!A TES ll LLLP 86.22 253543 7/8/2010 1 BURGOON BERGER CONST CO 19.58 253544 7/8/2010 1 YELLOW BOOK USA 365.00 253545 7/8/2010 1 AMANDA PERRON 30.48 253546 7/8/2010 1 ST FLEUR, MARIE C 5.75 253547 7/8/2010 1 ANIMAL MEDICAL SERVICES PA 469.75 253548 7/8/2010 1 MARY COLLIS 20.00 253549 7/8/2010 1 JOHNNY B SMITH 105.00 253550 7/8/2010 1 THERIEN, RICHARD C 84.13 253551 7/8/2010 1 EPSTEIN, PHILIP W 69.42 253552 7/8/2010 1 JMATT CONSTRUCTION SERVICES LLC 9,095.00 253553 7/8/2010 1 CHARLES A WALKER 160.00 253554 7/8/2010 1 GL HOMES BUILDING CORP 266.54 253555 7/8/2010 1 LIGUORI, DAN 92.53 253556 7/8/2010 1 BORGER, MAUREEN L 86.22

3 7

CHECKNBR CKDATE VENDOR AMOUNT 253557 7/8/2010 I GRIFFIN, ROBERT L 45.98 253558 7/8/2010 I LINDA BECKER 50.00 253559 7/8/2010 I BLACKBURN, STARR 36.65 253560 7/8/2010 I FEICKERT, TREVEIN & MELISSA 23.57 253561 7/8/2010 I HARRELL, BARRY 2.03 253562 7/8/2010 I RENAE CHANDLER 120.00 253563 7/8/2010 I ERICA KLIPSTINE 50.00 253564 7/8/2010 I AQUIFER MAINTENANCE & PERFORMANCE 12,845.00 253565 7/8/2010 I FIRST CLASS COACH SALES CORP 413.47 253566 7/8/2010 I FLORIDA ATLANTIC UNIVERSITY 10,303.89 253567 7/8/2010 I JEANNE BRYANT 60.00 253568 7/8/2010 I WILLIAM BOLTON 54.00 253569 7/8/2010 I GR FLORIDA HOMES I LLC 171.02 253570 7/8/2010 I WOODSIDE HOMES OF SE FLA LLC 87.16 253571 7/8/2010 I STILES, SUMMER 45.42 253572 7/8/2010 I SHELLEY STUVEN 120.00 253573 7/8/2010 I 623 PARTNERS LLC 33.16 253574 7/8/2010 I AMANDA MOYER 50.00 253575 7/8/2010 I RACQUELBRADLEY 45.50 253576 7/8/2010 I DI VOSTA HOMES L P 92.53 253577 7/8/2010 I FAS-AHM UTILITIES, LLC 161.15 253578 7/8/2010 I FISCHER, CATHY 66.11 253579 7/8/2010 1 SMITH, MICHAEL A 40.13 253580 7/8/2010 I SANDY ARACENA 40.00 253581 7/8/2010 I CINDIS CLEANING SERVICE INC 750.00 253582 7/8/2010 I FLORIDA TESTING SERVICES LLC 2,116.25 253583 7/8/2010 I VAN HORN REALTY LLC 80.86 253584 7/8/2010 I FLORIAN, ANDREW 42.46 253585 7/8/2010 I WOODSIDE HOMES OF SOUTHEAST FLORIDA LLC 58.38 253586 7/8/2010 1 GARRETT SMITH 95.00 253587 7/8/2010 I WALKER A VENUE CLUB LTD 735.73 253588 7/8/2010 I HOYT C MURPHY, INC 45.80 253589 7/8/2010 I KB HOME TREASURE COAST 148.30 253590 7/8/2010 I S & S AUTO PARTS 16.10 253591 7/8/2010 I MANCINI, GREG 90.16 253592 7/8/2010 I HSBC BANK USA NATIONAL ASSOCIATION (TRS) 5.71 253593 7/8/2010 I KATHRYN E CARR 130.00 253594 7/8/2010 I CANADY COMPANY 1,900.00 253595 7/8/2010 I PIONEER MANUFACTURING 442.00 253596 7/8/2010 I DIANE MALFITANA 120.00 253597 7/8/2010 I SARTORLLC 287.65 253598 7/8/2010 I MELTON, HASSEL 65.16 253599 7/8/2010 I DE MARZO, JOSEPH 44.80 253600 7/8/2010 I COLUCCI, MARY J 87.86 253601 7/8/2010 1 HUGHES, FRANK & LUCINDA 25.73 253602 7/8/2010 I OSBORN, SON 44.80 253603 7/8/2010 I THATCHER, BEVERLY 47.34 253604 7/8/2010 I FARKAS, RICHARD 28.20 253605 7/8/2010 I DANIELS, TIFFANY 25.87 253606 7/8/2010 I LEVIN HOMECARE NURSE REGISTRY 30.10 253607 7/8/2010 I MCBRIDE, RHONDA 12.32 253608 7/8/2010 I MARTIN, KIMBERLY 4.46 253609 7/8/2010 I IRC HOUSING AUTHORITY 12.86 253610 7/8/2010 I NICHOLS, CALVIN 32.99 253611 7/8/2010 1 THOMAS, JOSEPH L 7.26 253612 7/8/2010 I DREWEL, JOSIE 116.41 253613 7/8/2010 I BAUZA, PEDRO 68.48 253614 7/8/2010 I SEGALL, RONALD N. 79.44 253615 7/8/2010 I BRACKET FAMILY LTD PARTNERSHIP 46.16 253616 7/8/2010···1 STEVENS, HEATHER J. 80.50

4 8

CHECKNBR 253617 253618 253619 253620 253621 253622 253623 253624 253625 253626 253627 253628 253629 253630 253631 253632 253633 253634 253635 253636 253637 253638 253639 253640 253641 253642 253643 253644 253645 253646 253647 253648 253649 253650 253651 253652 253653 253654 253655 253656 253657 253658 253659 253660 253661 253662 253663 253664 253665 253666 253667 253668 253669 253670 253671 253672 253673 253674 253675 253676

CKDATE 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 1 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I

VENDOR LOGAN, MICHELE FIELDING, DAVID ABRAHAM, ANTHONY M BROWN, LATORIA HEFFERN, RICHARD C FLORIDA PROFESSIONAL REAL ESTATE GROUP BEST III, RICHARD V FOLKENING,NATHANIEL KONIECZKO, THOMAS MCKENZIE, BRANDON GENT, RAYMOND E DELEON, LISA ASTARB, CECILIA MARTIN, DEBRA BUONIAUTO, MICHAEL PRISTINE DIESEL INC. . PATTERSON, CHRISTOPHERR REPP, PAMELA SITES, LISA OHRT, PATRICIA UNTERREINER, KALEIGH MICHEL, PAULETTE ARN"DT, EDWARD A MUSE, LAUREL MOORE, ALFRED G CARLTON, CARRIE MARIE PROVENZALE,CHRISTINE JONES, GOLDIE SIMONETTE, CHRISTIAN CASSELBERRY, HAROLD BENDER, DAVID SARA, LOUIS J PIERCE, LORELEI CHAUDRY, NA VEED ANTONAKOS, NATALIA KAPLAN, SYDONIA & HERBERT TAKLA,FADY MARTELLOTTI, ROBERT P RAMIREZ, GABRIEL FARAH, BARBARA H MURRAY, PATRICK GALVAO, PRISCILA HARRIS, JOHN COPELAND, ROD DE OLIVA, CAROLINE SMITH,JOBY CARLO, DEBRA & CHRIS MEDINA, EDW AR ARCE, MADELINE HARRIS, LINDA GLENN, RONALD SMITH, RICHARD M & SARAH G BRADLEY, BEN LEWIS, LEIGH PARKER JR, KEITH E HERDOCIA, JENNIFFER & JOSE BOEHM, WADE A TRIO, CLAIRE ESQUIVEL, NASHUANN LIPMAN, HOWARD

AMOUNT 36.70 24.23 29.94 20.74 77.16 90.16 74.07 70.80 34.24 31.47 90.16 20.14 29.44 63.74 46.58 90.16 87.73 47.66 68.48 50.42

5.75 80.50

1.91 22.65

2.11 63.65 39.06 54.76 77.15 31.10 30.63 28.15 33.70 32.71

124.63 33.70 66.11 63.81 21.57 33.93 46.71 87.16 30.40 39.54 87.16 51.15 28.07

6.81 28.06 26.49 20.14 44.31 39.00 10.70 33.70 44.66 93.24 70.37

6.58 14.42

5 9

CHECKNBR 253677 253678 253679 253680 253681 253682 253683 253684 253685 253686 253687 253688 253689 253690 253691

Grand Total:

CKDATE 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 1. 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I 7/8/2010 I

VENDOR DUSKIN, TINA L DEPARTMENT OF VETERAN AFFAIRS OF THE USA FEELEY, MICHELLE MORAN JR, JAMES MORENO, MILTON R & MONICA DURDEN, MARKEYSIA CRONCE, BARBARA A. CHARTIER, RICHARD TICHY, NANCY CALAIS H JOHNSON CHA YLENE OR JASON LILLEY MR & MRS PEERS INNARUIZ ASHLEYZOLL ANQUARIA CONEY

AMOUNT 12.28 7.21

71.38 59.63 37.40 54.27 45.30 42.97 30.40 40.00 40.00 40.00 50.00 50.00 45.00

476,396.72

6 10

CHECKNBR 1133

Grand Total:

WIRES SENT

CK DATE VENDOR 7/2/2010 1 IRS-PAYROLL TAXES

AMOUNT 15,570.13 15,570.13

1 11

CONSENT: 7/20/10 ~B

Office of INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Melissa P. Anderson, Assistant County Attorney

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners

Alan S. Polackwich, Sr. - Cou~t~y

July 9, 2010

Segovia Lakes PD Temporary Blanket Utility Easement

Segovia Lakes PD is not yet a platted subdivision. The developer, Segovia Lakes LLC, originally was proceeding first toward obtaining final plat approval with a certificate of completion to follow, but then changed its strategy to first complete the subdivision, obtain a certificate of completion and then proceed toward final plat approval, thus eliminating the need for posting security to guaranty completion of required improvements.

Segovia Lakes LLC has since sold its project to VB Development Inc., and the successor developer has formally assumed all the obligations of the original developer. The successor developer, in an effort to obtain a certificate of completion, is required to give the County utility easements. Those utility easements were originally to be dedicated to the County on the face of the plat which would not have necessitated a metes and bounds legal description but merely the location by depiction on the plat. Since the strategy changed, a metes and bounds legal description is necessary because the utility easements are required to be given to the County before the certificate of completion can be issued. Creating these legal descriptions at this juncture is a monumental surveying task and very costly.

APPROVED FOR ~ 7- fh D -1/) B.C.C MEETING~ ooc

COUNTY ATTORNEY 1

Admin. (<.... ~ Legal

Budget 1\ Dept. '\..l'-""' Risk Mgr.

Date

7/;5/!0 '7--12-·T o

12

A solution has been arrived at whereby the successor developer will give the County a temporary blanket utility easement over its entire property, thereby making the issuance of a certificate of completion possible. The developer will then proceed to final plat approval at which point when the Board approves the plat and it is recorded, the perpetual utility easements will be given to the County by depiction on the plat and the temporary blanket easement will then terminate.

Presented herewith for acceptance is the temporary blanket utility easement. The easement has express language that it will automatically terminate upon the recordation of the plat without the necessity of any further action of either the successor developer or the County.

RECOMMENDATION:

Approv~;~ and accept the attached temporary blanket utility easement and authorize the Chairman of the Board to execute same.

nhm attachment

2

13

Tkl1 document was prepared by &lid Bhould be returned to

tlli! County Attorney•s Office 1801 27th Street

Y~ro Btuu:J.I, Florida 32f60

EASEMENT

THIS GRANT OF EASEMENT, made and executed this ~ day of July , 2010, by VB DEVELOPMENT INC., a Florida corporation, whose mailing address is 505 Park Avenue, Suite 900, c/o Loeb, . Block & Partners LLP, New York, NY 10022, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1801 2?'h Street, Vera Beach, Florida 32960, hereinafter called GRANTEE.

WITNESSETH:

-That GRANTOR for and in consideration of the sum of TEN DOLLARS

($1 0.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, an easement for utilities over, across, and beneath the fallowing described land, situate in Indian River County, Florida, to-wit:

See Exhibit "A" attached hereto.

This Easement is intended to be temporary until such time as a plat is approved by the Board of County Commissioners of Indian River County, Florida and recorded on the public records of Indian River County, Florida with respect to the real property described on Exhibit "A" attached hereto, which plat describes and depicts a perpetual easement for utilities over, across and beneath said real property or portions thereof. This easement will automaticaUy terminate upon the recordation of the aforesaid plat without the necessity of any further action of the parties.

And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever.

APPFtOVIllt:l AS TO FORM AND L!!GAL SUFFICIENCY

BY~'3 ALAN S. POI.ACKWICH COUNTY ATTORNE¥

14

IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written.

Signed, sealed and delivered in the presence of:

ATTEST: Jeffrey K. Barton Clerk of Court

By: --c-:::----:--::::-;--;-----Deputy Clerk

STATE OF New York COUNTY o-=F...:;Nn,e:,w:c;Y,;:o'::;rk:-----

INDIAN RIVER COUNTY, a political subdivision of the State of Florida

By:~~~~----~~------Peter D. O'Bryan, Chairman Board of CountY Commissioners

BCC authorized: ____ _

The foregoing instrument was acknowledged before me this ~ day of July , 2010, by Jeffrey E. Wacksman , the XXX President of

VB Development Inc., a Florida corporation, on behalf of said corporation, who is personally known to me ooxx~X~)(Iirod:ct:OJ:Ol:lil liili( ldoo:1:if.iooti.

DIANA M. SALICETI Notary Public, State of New York

No. 02SA6163581 Qualified in New York County 1 1

Commission Expires March :26, 20 _ .. (SEAL):

printed name: Dana . Saliceti Commission No.: 02SA6163581 Commission Expiration: March 26,2011

2

15

PARCEL 1:

EXHIBIT"A" LEGAL DESCRIPTION

11-IAT PORTION OF 11-IE SOtmlEAST 1/4 OF 11-IE SOtmlEAST 1/4 OF SECTION 5, TOWNSHIP 33 SOtml, RANGE 39 EAST, INDIAN IUVER COUNTY, FLORIDA, LYING SOtml OF THE MAIN CANAL (300 FOOT RIGHT·Of-WAY).

LESS AND EXCEPT 11-IE EAST 136 FEET THEREOF;

ALSO LESS AND EXCEPT THE WEST 20 FEET OF 11-IE EAST 156 FEET 11-IERI:OF.

ALSO LESS AND EXCEPT A PARCE:L OF !AND LYING IN THE SOUTHEAST 1/4 OF 11-IE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN IUVER COUNTY, FLORIDA, LYING SOUTH OF 11-IE MAIN CANAL (300 FOOT RIGHT -DF·WAY) BSNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT 11-IE SOUTHEAST CORNER OF SAID SECTION S, PROCEED SOUTH 590 54' 31" WEST ALONG 11-IE SOtml LINE OF SAID SECTION 5 A DISTANCE OF 156 FEET TO 11-IE POINT OF BEGINNING; 1HJ:NCJ: CQNTlNUJl SOUnf 890 54' 31' WEST ALONG SAID SECTION UNE, A DISTANcE OF 89.50 FEET; 11-IENCE DEPARTING SAID UNE, NOR11-I ooo 02' 27' EAST, PARAllEL TO THE EAST UNE OF SAID SECllON 5, A DISTANCE OF 122.05 FEET TO 11-IE POINT OF CURVATURE OF A CURVE SOtmlEASTERLY HAVING A RADIUS OF 175.00 FEET; 11-IENCE PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 11-IROUGH A CENTRAL ANGLE OF 210 00' 00" A DISTANCE OF 64.14 FEET TO 11-IE POINT OF TANGENCY OF SAID CURVE; 11-IENCE NORTH 210 02' 27" EAST, A DISTANCe OF 43.46 FEETT011-IE POINT OFA CURV!; CONCAVE NOR11-IWESTBILY, HAVING A RADIUS OF 125,00 FEET; THENCE PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE 11-IROUGH A CENTRAL ANGlE OF 21° 00' 00" A DISTANCE OF 45,81 FEET TO 11-IE POINT OF SAID CURVE; THENCE NOR11-I 000 02' 27" EAST, PARAllEL TO SAID EAST UNE OF SECTION S, A DISTANCE OF 297.33 FEET; 11-IENCE NOR1!-I 580 22' 11" WESf A DISTANCE OF 93.11 FEET TO A POINT ON 11-IE SOtml RIGHT·Of-WAY OF 11-IE MAIN CANAL; THENCE NORTH 69° 21' 32" EAST A DISTANCE OF 142.50 FEET TO A POINT BEING 156.00 FEET WEST OF SAID EAST UNE OF SECllON 5, WHEN MEASURED AT RIGHT ANGLES THERET0}11-IENCE SOUTH 000 02' 27" WEST, PARALLEL TO SAID EAST UNE OF SECTION S, A DISTANCE OF 666.35 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH

1

16

~ARCEL 2:

1HE NORTii 1/2 OF 1HE NDR1HEAST 1/4 OF TliE NOR1HEAST 1/4 OF SECTION 8, TOWNSHIP 33 SOVlli, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.

LESS AND EXCEPT TliE EAST 136 fEET THEREOF;

ALSO LESS AND EXCEPT 1HE WEST 20 FEET OF 1HE EAST 156 FEET OF 1HE NORTH 1/2 OF 1HE NORTHEAST 1/4 OF 1HE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 33 SOVlli, RANGE 39 EAST, LESS AND EXCEPT 1HEWEST 170 FEET OF 1HE EAST306 FEETOF1HE SOVlli 265 FEET 1HEREOF.

ALSO LESS AND EXCEPT THE EAST20 FEETOF1HE WEST 170 FEET OF 1HE EAST 306 FEET OF 1HE SOVlli 26S FEET OF TliE NORTH 1/2 OF THE NORTHEAST 1/4 Of 1HE NORTHEAST 1/4 Of SECTION 8, TOWNSHIP 33 SOVlli, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.

PARCEL 1 AND 2 ALSO KNOWN AS THE PROPERTY DESCRIBED AS:

A TRACT OF LAND BEING A PORTION OF SECTIONS 5 AND 8, TOWNSHIP 33 SOVlli, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID TRACT MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOVlliEAST CORNER OF SAID SECTIONS, BEING THE NOR1HEAST CORNER OF SAID SECTION 6, PROCEED SOVlli 89° 54' 31" WEST ALONG THE UNE DMDING SAID SECTIONS 5 AND 8 A DISTANCE Of 156.00 FEET TO THE POINT OF BEGINNING; 1HENCE SOVlli 00° 13' 45" WEST, PARAL,LEL TO 1HE EAST UNE OF SAID SECTION 8, A DISTANCE OF 678.40 FEET TO A POINT ON THE SOVlli UNE OF THE NORTii 1/2 Of 1HE NOR1HEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 8, SAID UNE BEING THE NORTii UNE OF TRACT 1, INDIAN RIVER FARMS COMPANY SUBDMS!ON, AS RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY, FLORIDA PUBUC RECORDS {SAID LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA); 1HENCE SOVlli 89° 01' 38" WEST ALONG THE NORTH UNE OF SAID TRACT I, A DISTANCE OF 1172.65 FEET TO 1HE SOVlliWEST CORNER OF SAID NORTH l/2 OF THE NORTiiEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 8, SAID POINT ALSO BEING ON THE EAST UNE OF TRACT 2 OF SAID INDIAN RIVER FARMS COMPANY SUBDMSION; 1HENCE NORTii 00° 14' 23" EAST AlONG THE WEST UNE OF TiiE NORTHEAST 1/4 OF THE NORTiiEAST 1/4 OF SECTION 8, A DISTANCE OF 677.34 FEET TO THE SOUTiiWESTCORNER OF 1HE SOVlliEAST 1/4 OF THE SOUTiiEAST 1/4 OF SAID SECTION 5; THENCE NORTH 00° 03' 52" WEST AlONG SAID WEST UIIE OF TilE SOUTiiEAST 1/4 OF THE SOVlliEAST 1/4 OF SECTION S, A DISTANCE OF 22M6 FEET TO A POINT ON THE SOVlliERLY RIGHT -QF·WAY {R/W) UNE OF THE MAIN CANAL {300' R/W WIDTH); THENCE NORTH 69° 21' 32" EAST ALONG SAID SOVlliERLY R/W UNE, A DISTANCE OF 1110.70 FEET; 1HENCE DEPARTING SAID R/W UNE, SOVlli 56° 22' 11" EAST A

2

I ! I '

l 171

DISTANCE OF 93.11 FEET; THENCe SOUTH 00' 02' 27' WEST ALONG A UNE PARALLEL TO AND 210.00 fEET WEST OF (WHEN MEASURED PARALLEL TO) THE EAST UNE OF SAID SECTION 5, A. DISTANCE OF 297.33 FEET TO THE POINT Of CURVATURE (P.C.)OFA C\!RVETOTHE RIGHT, HAVING A RADIUS OF 125.00 FEET; THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21' 00' 00", A OJ STANCE OF 45,81 FEET TO THEPOINT OF TANGENCY (P.T.); THENCE SOUTH 21° 02' 27' WEST A DISTANCE OF 43.46 FEET TO THE P.C. OF A CURVE TO THE LEFT, HAVING A RADIUS Of 175,00 FEET; THENCE COUNTERCLOCKWISE AlONG THE ARC Of SAID CURVE, THROUGH A CENTRAL ANGLE OF 21° oct 00", A DISTANCE OF 64.14 FEET TO THE P.T.; THENCE SOUTH 00° 02' 27' WEST, ALONG A UNE PARALLEL TO AND 245.50 FEET WEST OF (WHEN MEASURED PERPENDICUlAR TO) THE EAST UNE OF SAID SECTION 5, A DISTANCE OF 122.05 FEET TO A POINT ON THE AFOREMEtmONED UNE DIVIDING SAID SECTIONS 5 AND 8; THENCE NORTH 89° 54' 31" EAST ALONG SAID SECTION UNE, A DISTANCE OF 89.50 FEET TO THE POINT OF BEGINNING.

3

181 '

Office of the

INDIAN RIVER COUNTY ADMINISTRATOR

Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator

TO:

FROM:

DATE:

MEMORANDUM

Members of the Board of County Commissioners

Joseph A. Baird County Administrator

July 13, 2010

SUBJECT: Authorization for Out of County Travel for County Administrator

Authorization is requested for out of county travel for the County Administrator to attend the South Florida Government Finance Officers and City Clerks Association Annual Investment Seminar on August 25, 2010, in Davie, Florida. This free seminar qualifies for continuing education credits to maintain certification as a Government Finance Officer.

APPROVED AGENDA ITEM

BY O:oph ll&aind F~Julv 20.2010

Indian River Co Ap]l!ll,ved Date

Administrator (1 H) 7/15/)0 '

19

Agenda 7:00am to 8:ooam

Registration and Continental Breakfast Please sign in at the seminar registration desk located in the Silver Palm Foyer (lobby level) of the Signature Grand.

8:ooam to 8:20am

Opening Remarks Welcome and overview of the day's presentations.

8-:zo am to. 9:10am

Macro Economic Perspective on the Marketplace- Are Sovereign Problems in Europe a Threat to the U.S.? Review the market and discuss the events of the U.S. Credit Crisis and recent recession, and impact of the European Credit Crisis on the recovery of the Global economy. Will the European Crisis lead to a double dip recession and prevent a worldwide recovery? Presented by Roger Shields, Cutwater Asset Management

9:10am to to:oo am

Impact of Revised Criteria and Regulation on Money Market Funds On February 23, 2010, the SEC made publicly available its release adopting amendments to Rule 2a-7, the money market fund regulations under the Investment Company Act of 1940. Presented by Ruth Shaw, Financial Institutions Ratings, Standard & Poor's

to:oo am to 10:20 am

Morning Break

10:20 am to 11:1o am

GASB/GASAC Update This session will provide an overview of recent GASB pronouncements and their impact on governmental financial statements. In addition proposed standards under considered and the GASB technical projects agenda will be addressed. Presented by Cline Comer, CPA, LarsonA/Ien LLP

11:10 am to 12:00 pm

The Roles and Responsibilities ofthe City Treasurer The Treasurer is the primary fiduciary for the safety of public funds. The role of investment officer is only a part of the daily responsibilities which also includes managing cash flows to meet liquidity requirements, understanding the state statutes and the City's own investment policy, developing timely reports and presenting portfolio statistics and return to the City manager and City Commission. Presented by Darrel Thomas, Treasurer, City of Weston

12:00 pm to 1:10pm

Lunch (provided)

1:10pm to z:oo pm

Fraud Awareness in Local Government Treasury Management In these difficult economic times, the frequency and size of fraud is on the rise- even in local governments. This session focuses on fraud awareness in local governments and identifies the different types of frauds, provides guidance on how to prevent and detect fraud, analyzes how most frauds are detected,. and analyzes s.ome of recent frauds in local governments. Presented by Douglas Host, CPA, LarsonA/Ien, LLP

2:oopm to 2:50pm

Arbitrage Rebate Updates and the Impact on Local Governments Even in a depressed interest rate environment, Uncle Sam wants a piece of the action. This session will focus on regulatory changes affecting issuers of tax-exempt debt including the treatment of interest rate swaps and tax-credit bonds. Presented by Anne Pelej, Willdan Financial Services and Miriam Cleary, Cutwoter Asset Management

2:50pm to po pm

Afternoon Break

3:10pm to 4:00pm

Pension Solutions with Political Resolve Many pension plans and some OPEB plans have become unsustainable, making first claim on scarce resources that are more properly allocated to essential services. But effective solutions, as outlined in this session, will require pension risk management and political resolve with both short term and long term perspectives. Presented by James J. Rizzo, ASA, MAAA, Gabriel, Roeder, Smith & Company

. ........... .. ...... ......•.... ---·--- ............ -4:00pm to 4:50pm

Prudent, Cautious Fixed Income Investments strategies for Local Governments in the Current Economic Environment Historically low interest rates continue to impact the invest-ment earnings of local governments, making it even tougher for balanced budgets. This session discusses prudent, yet cautious investment strategies for local governments in the current low interest rate environment. Presented by John F. Grady Ill, CTP, Cutwater Asset Management and Thomas Tight, Cutwoter Asset Management

20

Registration Registration is limited to 100 attendees. This seminar is FREE and lunch will be provided. Register today!

To register, please email to [email protected] or complete the registration form below and fax to 8oo-765·76oo or by August 20, 2010.

Name

Job Title

Entity/Company

Address

~ity/State/Zip

Phone/Fax

Email ~----·--------------

Seminar location Signature Grand 6900 State Road 84, Davie, FL 33317 T: 954-424·4000 www.thesignaturegrand.com

Hotel Reservations

Comfort Suites Please call the Comfort Suites at 954-585·7071 for reservations. To receive the discounted group rate, please refer to the South Florida Government Finance Officers Seminar being held at the Signature Grand. Comfort Suites provides free shuttle to the Signature Grand. Rate: Government per diem rate $79.19. The website for the hotel: www.comfortsuites.com/hotel-davieflorida-FLs91

Renaissance Fort lauderdale-Plantation Hotel Please call the Marriott Renaissance at 954-472-2252 for reservations. To receive the discounted group rate, please be sure to ask for the South Florida Government Finance Officers Seminar. Rate: Government per diem rate $109.00. THIS RATE EXPIRES JULY 25th. Regular rate is $169.00. The website for the hotel: www.renaissanceplantation.com

Parking Complimentary self-park is available to seminar attendees.

Questions? For more information about the Annual Investment Seminar, please call

888·231·8995·

21

CONSENT

INDIAN RIVER COUNTY, FLORIDA PUBLIC WORKS DEPARTMENT- TRAFFIC ENGINEERING DIVISION

INTER-OFFICE MEMORANDUM

TO: Joseph A. Baird County Administrator

FROM: Christopher R. Mora, P.E. ~ Public Works Director

SUBJECT: Traffic Control Device Ledger- BCC CONSENT AGENDA

DATE: July 12, 2010

DESCRIPTION AND CONDITIONS

The Public Works Director is to provide a Traffic Control Device Ledger update for ratification by the Board of County Commissioners as specified in Section 312.18 of the Indian River County Code. The last ledger update was approved by the Board in January, 2010.

RECOMMENDATIONS & FUNDING

It is recommended that this ledger update (EXIllBIT "A" - attached) be approved. There is no funding impact generated by this action.

ATTACHMENT

Draft Resolution and Ledger Documents


FOR July 20, 2010

Indian River Countv

Administration

Budget

Legal

Public Works Traffic Engineering

F:\Traffic\Maya\BCC AGENDA ITEMS- RESOLUTIONS\LEDGER Ul'DATE FOR BCC\Iedger update for bee july 2010.doc

Approval Date

22

RESOLUTION NO. 2010-___ _

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING TRAFFIC CONTROL DEVICES AUTHORIZED BY THE DIRECTOR OF PUBLIC WORKS.

WHEREAS, the Board of County Commissioners has directed the Director of Public

Works to maintain a ledger listing the traffic control devices maintained by the County (Section

312.18, Indian River County Code); and

WHEREAS, the code requires this ledger to be presented to the Board of County

Commissioners for approval; and

WHEREAS, the ledger has been presented and is attached as Exhibit "A" to this

Resolution,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:

The Board of County Commissioners hereby accepts and approves the traffic control

device ledger which is Exhibit "A" to this resolution.

The resolution was moved to adoption by Commissioner and the

motion was seconded by Commissioner and, upon being put to a vote, the

vote was as follows:

Chairman, Peter D. O'Bryan Vice Chairman, Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler

F:\Traffic\Maya\BCC AGENDA ITEMS - RESOLUTIONS\RESOLUTION\resolution traffic control devices ledger july 2010.doc

23

Page2 of2 Traffic Control Devices Resolution

RESOLUTION NO. 2010-___ _

The Chairman thereupon declared the resolution duly passed and adopted this __ day of ____ _,2010.

Attest: J. K. Barton, Clerk

By: ______ _

Deputy Clerk

APPROVED AS TO FORM ::wntfl!/j} WILLIAM K. DEBRAAL

DEPUTY COUNTY ATTORNEY

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By: ------------Peter D. O'Bryan Chairman

F:\Traffic\Maya\BCC AGENDA ITEMS - RESOLOTIONS\RESOLUTION\resolution traffic control devices ledger july 2010.doc

24

EXHIBIT ''A''

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT

TRAFFIC ENGINEERING DIVISION

TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY

July, 2010

TABLE OF CONTENTS

• Traffic Signals . . • . . . . . . . . . . . . • . . . • • • . . . . . . . . . . . • . . . . • . . . . . • . . • Page 2

• Flashing Beacons . . . • . • . . . . . . •.. ..... .. .. . • . . . . . . . •• . . . . . . .... Page 6

• 20 M.P.H. School Flashing Beacons ..•...... ... ....... Page 7

• Speed Warning/Driver Feedback Signs ..•.•....•.•.. .... Page 8

• Traffic Cameras ....................•. ,..,,... ... . .. • . . . . • . . . • . .• Page 8

• Speed Limit Zones ..•••.......•..•...•.•.•.......•.•..... .... Page 10

• School20 M.P.H. Speed Limit Zones •.......•••.... .•.. Page 15

• Traffic Calming . . . . • . • • . • • • • • . • . . • . . . • . . • • . . . . . . . • . • . . . . . • . • .• Page 17

Page 1 of17 25



TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY July, 2010

I. TRAFFIC SIGNALS

1. 4th Street and 20th Avenue 2. 4th Street and 27th Avenue 3. 4th Street and 43rd Avenue 4. 4th Street and 58th Avenue 5. 4th Street and Old Dixie Highway .6. 4th Street/Indian River Boulevard and U.S. 1 7. 5th Street SW and 20th Avenue 8. 5th Street SW and 27th Avenue 9·. gth Street and 6th Avenue

10. gth Street and 20th Avenue 11. 8th Street and 27th Avenue 12. gth Street and 43'd Avenue 13. gtb Street and 58th Avenue 14. gth Street and Old Dixie Highway 15. 8th Street and U.S. 1 16. 12th Street and 6th Avenue 17. 12th Street and 20th Avenue 18. 12th Street and 27th Avenue 19. 12th Street and 43rd Avenue 20. 12th Street and 58th Avenue 21. 12th Street and Commerce Avenue 22. 12th Street and Indian River Boulevard 23. 12th Street and Old Dixie Highway 24. 12th Street and U.S. 1 25. 15th Place and U.S. 1 26. 16th Street and 14th Avenue 27. 16th Street and 17th Avenue 28. 16th Street and 20th Avenue 29. 16th Street and 27th Avenue 30. 16th Street and 43'd Avenue 31. 16th Street and Old Dixie Highway 32. 17th Lane SW and 27th Avenue 33. 17th Street and lOth Avenue 34. 17th Street and Indian River Boulevard 35. 17th Street/Causeway Boulevard and SR A-1-A

Page2 of17 26




I. TRAFFIC SIGNALS (continued)

36. 17th Street and U.S. 1 37. 20th Place and 6th Avenue 38. 21't Street and 6th Avenue 39. 2l't Street and 14th Avenue 40. 21't Street and Indian River Boulevard 41. 23rd Street and 14th Avenue 42. 23rd Street and U.S. 1 43. 26th Street and 43rd Avenue 44. 26th sireefand. 58th Avenue 45. 26th Street and 66th Avenue 46. 26th Street and St. Lucie Avenue 47. 26th Street and U.S. 1 48. 32"d Street/Aviation Boulevard and U.S. 1 49. 37th Street and lOth Court 50. 37th Street and Indian River Boulevard 51. 37th Street and U.S. 1 52. 38th Lane/Old Dixie Highway and U.S. 1 53. 41st Street and U.S. 1 54. 41't Street and 43rd Avenue 55. 41't Street and 58th Avenue 56. 45th Street and 43rd Avenue 57. 45th Street and U.S. 1 58. 45th Street and 58th Avenue 59. 53rd Street and U.S. 1 60. 57th Street and 58th Avenue 61. 69th Street and U.S. 1 62. 81't Street and 66th Avenue 63. 87th Street and CR 510 64. Aviation Boulevard and 27th Avenue 65. Bahia Mar Road and SR A-1-A 66. Barber Street and Schumann Drive 67. Barber Street/Pelican Pointe Drive and U.S. 1 68. College Lane and 58th Avenue 69. CR 510 and 58th Avenue 70. CR 510 and 66th Avenue 71. CR 510 and CR 512

Page3 of17 27



TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY July,2010

I.

72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99.

100. 101. 102. 103. 104. 105. 106.

TRAFFIC SIGNALS (continued)

CR510 and SRA-1-A CR 510 and Treasure Coast Elementary CR 510 and U.S. 1 CR 512 and 1-95 (NB) CR 512 and I-95 (SB) CR512 and 101'1 Avenue CR 512 and 108th Avenue CR 512 and Barber Street C.R 5i2itnd :Delaware Avenue CR 512 and Easy Street CR 512 and Fleming Street CR 512 and Roseland Road CR 512 and Sebastian River Middle School (West Driveway) CR 512 and Willow Street/1301

h Avenue CR 512 EB and U.S. 1 CR 512 WB and U.S. 1 Fred TuerkDrive and SRA-1-A Highland Drive and U.S 1 Jackson Street and U.S. 1 Jaycee Park and SRA-1-A John's Island Drive and SR A-1-A Main Street and U.S. 1 Oslo Road and 201

h Avenue Oslo Road and 27th Avenue Oslo Road and 43rd Avenue Oslo Road and 58th Avenue Oslo Road and Old Dixie Highway Oslo Road and U.S. 1 Roseland Road and U.S. 1 Royal Palm Place/Boulevard and Indian River Boulevard/SR 60 St. Edward's School and SRA-1-A Schumann Drive and U.S. 1 Sea Oaks and SRA-1-A Sebastian High School (North Intersection) and CR 510 Sebastian High School (South Intersection) and CR 510

Page4 of17 28




I. TRAFFIC SIGNALS (continued)

105. SR 60 and 43rd Avenue 106. SR 60 and 58th Avenue Hl7. SR 60 and 66th Avenue 108. SR 60 and 74th Avenue 109. SR 60 and 82nd Avenue 110. SR 60 and 90th Avenue 111. SR 60 and 98th Avenue 112. SR60 andi-95 (NB)

· Ii3. ~sR:cro aD.il pg·(siif 114. SR 60 and Indian River Mall 115. SR 60/20th Street and 6th Avenue 116. SR 60/20th Street and 20th Avenue 117. SR 60/20th Street and 27th Avenue/Buena Vista Boulevard 118. SR 60/20th Street and Indian River Boulevard 119. SR 60/Beachland Boulevard and Mockingbird Drive 120. SR 60/Beachland Boulevard and Riverside Park Drive 121. SR 60/Beachland Boulevard and SRA-1-A 122. SR 60/Merrill Barber Bridge and Indian River Boulevard 123. SR 60 Eastbound/19th Place and 14th Avenue 124. SR 60 Eastbound/20th Street and lOth Avenue 125. SR 60 Eastbound/20th Street and Commerce Avenue 126. SR 60 Eastbound/20th Street and U.S. 1 127. SR 60 Westbound/20th Place and 10th Avenue 128. SR 60 Westbound/20th Place and 11th Avenue 129. SR 60 Westbound/20th Place and Commerce Avenue 130. SR 60 Westbound/20th Place and U.S. 1 131. SR 60 Westbound/20th Street and 14th Avenue 132. U.S. l/218t Street and lOth Avenue 133. U.S. 1121st Street and nth Avenue 134. Vista Royale Boulevard and U.S.l

NEW TRAFFIC SIGNALS UNDER DESIGN OR CONSTRUCTION

135. 5th Street SW and 43rd Avenue 136. 16th Street and 66th Avenue 137. College Lane and Indian River State College 138. Aviation Boulevard and 34th Avenue/Airport Drive 139. 53rd Street and Old Dixie Highway 140. 571h Street and 66th Avenue 141. Round Island Park and SRA-1-A 142. SR 60 and 53rd Avenue

PageS of17 29




II. FLASHING BEACONS

1. 1'' Street SW and 27'b Avenue Intersection Control Beacon 2. 8'b Street and Indian River Boulevard Intersection Control Beacon 3. 8'b Street west of U.S. 1 Railroad Warning Beacon 4. 21'' Street SW and 27'b Avenue Warning Beacon 5. 21'' Street and U.S. 1 at Curve Warning Beacon 6. 41'' Street and 66'b Avenue Intersection Control Beacon 7. 41'' Street and Old Dixie Highway Four Way Red Beacon 8. 45th Street and 66'bAvenue Intersection Control Beacon 9. 45'b Street llJ:ld. Old I>ixie Highway Four Way Red Beacon 10. 49'b Street and 58'b Avenue Intersection Control Beacon 11. 49th Street and Old Dixie Highway Four Way Red Beacon 12. 49th Street and 51st Court Intersection Control Beacon 13. 53'd Street and 58'h Avenue Intersection Control Beacon 14. 65th Street and 58th Avenue Intersection Control Beacon 15. 65'b Street and Old Dixie Highway Intersection Control Beacon 16. 69th Street and 58th Avenue Intersection Control Beacon 17. 69th Street and Old Dixie Highway Intersection Control Beacon 18. 77th Street and 58th Avenue Intersection Control Beacon 19. CR 510 and 64th Avenue Intersection Control Beacon 20. CR 510 at 90th Avenue Curve Warning Beacon 21. CR 512 and CR 507 Intersection Control Beacon 22. CR 512 and Cypress Street Intersection Control Beacon 23. Highland Drive and 6th Avenue SW Intersection Control Beacon 24. Highland Drive and Old Dixie Highway Four Way Red Beacon 25. Oslo Road and 74th Avenue Intersection Control Beacon 26. Oslo Road and 82nd Avenue Intersection Control Beacon 27. South Carolina and CR 507 One Way Red Beacon 28. SR60/Beachland Blvd. and WB Barber Bridge Warning Beacon 29. SR60/I.R. Boulevard Main Relief Canal Warning Beacon 30. SR60 EB/20th Street and Commerce Avenue Warning Beacon 31. SR60 EB/20th Street and Commerce Avenue Railroad Warning Beacon 32. SR60 WB/20th Place and U.S. 1 Warning Beacon

Page 6 of17 30




II. FLASHING BEACONS (continued)

NEW FLASHING BEACONS UNDER DESIGN OR CONSTRUCTION

33. 1st Street SW and 43'd Avenue Intersection Control Beacon 34. 33rd Street and 66th Avenue Intersection Control Beacon 35. 37th Street and 66th Avenue Intersection Control Beacon 36. 49th Street and 43'd Avenue Intersection Control Beacon 37. 53'd Street and 43rd Avenue Intersection Control Beacon .38.. _ 53rd Street and51''- Court-- ---··-. - - ---- ---- -----Intersection Control Beacon 39~ 53'd Street all.d Indian River Boulevard Intersection Control Beacon -

ill. 20 M.P.H. SCHOOL FLASHING BEACONS

1. Beachland Elementary School on SR 60/Beachland Boulevard 2. Citrus Elementary School on 4th Street 3. Citrus Elementary School on 27th Avenue 4. Dodgertown Elementary School on 43'd Avenue 5. Fellsmere Elementary School on CR 512 6. Glendale Elementary School on 8th Street 7. Highlands Elementary School on 6th Avenue SW 8. Gifford Middle School on 45th Street 9. Osceola Magnet School on SR60/20th Street

10. Osceola Magnet School on 6th Avenue 11. Oslo Middle School on 20th Avenue SW 12. Rosewood Elementary School on 16th Street 13. Sebastian Elementary School on CR 512 14. Thompson Elementary School on 18th Avenue SW 15. Vero Beach Elementary School on 12th Street

Page7 of17 31




IV. SPEED WARNING/DRIVER FEEDBACK SIGNS

1. Old Dixie Highway north of 69th Street - southbound 2. Old Dixie Highway south of 65th Street- northbound

V. TRAFFIC CAMERAS

1. 4th Street and 58th Avenue 2. gth Street and U.S. 1 ------ -----~

3; 12th Street and u~s.-t---4. 12th Street and 58th Avenue 5. 15th Place and U.S. 1 6. 17th Street and U.S. 1 7. 20th Place and nth Avenue 8. 20th Street and 14th Avenue 9. 20th Street and Commerce Avenue (EB) 10. 21't Street and U.S. 1 11. 23rd Street and U.S. 1 12. 37th Street and U.S. 1 13. 38th Lane and U.S. 1 14. 41st Street and U.S. 1 15. 45th Street and U.S. 1 16. 53rd Street and U.S. 1 17. 691h Street and U.S. 1 18. 87th Street and CR 510 19. Barber Street and U.S. 1 20. CR 510 and SRA1A 21. CR 510 and U.S. 1 22. CR510 and 66th Avenue 23. CR 510 and Treasure Coast Elementary School 24. CR 512 Eastbound and U.S. 1 25. CR512 Westbound and U.S.1 26. CR 512 and Easy Street 27. CR 512 and Roseland Road 28. CR 512 and CR 510 29. CR 512 and Sebastian River Middle School 30. CR512 and 101't Avenue 31. CR 512 and 108th Avenue 32. CR 512 and 130th Avenue 33. Jackson Street and U.S. 1 34. Main Street and U.S.1 35. Oslo Road and 581h Avenue 36. Roseland Road and U.S.1 37. Schumann Drive and U.S. 1

PageS of17 32




V. TRAFFIC CAMERAS (continued)

38. SR 60 and 201h Avenue 39. SR 60 and 27'h Avenue 40. SR60 and 43rd Avenue 41. SR 60 and 581h Avenue 42. SR 60 and 661h Avenue 43. SR 60/Beachland Boulevard and Riverside Park Drive 44. SR 60/Merrill Barber Bridge and Indian River Boulevard 45. SR60 Eastbound/201h Street and-U.S.l 46. S:R iio Westboundi2o'h Place and U.S.l . 47. SR60 and 741h Avenue 48. SR 60 and 82"d Avenue 49. SR60 and 901h Avenue 50. SR 60 and I-95 (NB) 51. SR 60 and I-95 (SB) 52. SR60/20th Street and 61h Avenue 53. SR60/201h Street and Indian River Boulevard

NEW TRAFFIC CAMERAS UNDER DESIGN OR CONSTRUCTION

54. 4th Street and U.S. 1 55. 41h Street and Old Dixie Highway 56. 41h Street and 271h Avenue 57. 5th Street SW and 271h Avenue 58. 81h Street and 201h Avenue 59. 81h Street and 43rd Avenue 60. 12th Street and 271h Avenue 61. 161h Street and 27th Avenue 62. 161

h Street and 43rd Avenue 63. 17th Street and SRA1A 64. 21 '1 Street and Indian River Boulevard 65. 371h Street and Indian River Boulevard 66. 41'1 Street and 43rd Avenue 67. 41" Street and 581h Avenue 68. 451h Street and 43rd Avenue 69. 491h Street and 51'1 Court 70. 53•d Street and 58th Avenue 71. Highland Drive and U.S. 1 72. Oslo Road and U.S. 1 73. Oslo Road and 201h Avenue 74. Oslo Road and 271

h Avenue 75. Oslo Road and 43rd Avenue 76. Vista Royale Boulevard and U.S. 1

Page9 of17 33




VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS

ROADWAY FROM TO SPEED LIMIT(M.P.H.)

171hLane SW 271h Avenue 201h Avenue 35 171hLane SW 20th Avenue 61h Avenue 35

Oslo Road West End 82"d Avenue 35 Oslo Road 82"d Avenue 58th Avenue 55

-Oslo Road 58th Avenue - U.S.l 45 Oslo Road U.S.1 Indian River 35

51h Street SW 58th Avenue 43rd Avenue 45 51h Street SW 43rd Avenue 271h Avenue 35 51h Street SW 27th Avenue 201h Avenue 40 51h Street SW 201h Avenue 121h Avenue 35

1 '' Street SW 661h Avenue 581h Avenue 45 1'' Street SW 43rd Avenue 271h Avenue 35 1 '' Street SW 27th Avenue 20th Avenue 45

1'1 Street Old Dixie Hwy U.S. I 35

2"d Street 201h Avenue Old Dixie Hwy 30

41h Street 741h Avenue 581h Avenue 35 4th Street 58th Avenue 43rd Avenue 45 4th Street 43rd Avenue U.S.1 35

8th Street 90th Avenue 82"d Avenue 45 8th Street 82"d Avenue 661h Avenue 40 8th Street 66th Avenue 27th Avenue 45 8th Street 27th Avenue Old Dixie Hwy 40 8th Street Old Dixie Hwy I.R. Blvd 30

Page 10 of17 34




VI. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS (continued)


12th Street 82"d Avenue 74th Avenue 45 12th Street 66th Avenue 58th Avenue 35 12th Street 58th Avenue 43rd Avenue 40 12th Street 43rd Avenue 20th Avenue 35 12th Street 20th Avenue Old Dixie Hwy 35 12th Street Old Dixie Hwy U.S.1 30 12th Street U.S.1 6th Avenue 30 12 II> Street 6th Avenue I.R. Blvd 35

16th Street 82"d Avenue Pointe West Drive 45 16th Street 58th Avenue 20th Avenue · 30 16th Street 20th Avenue U.S.1 30 16th Street U.S.1 I.R. Blvd 45

College Lane College Entrance 58th Avenue 35

26th Street 74th Avenue 66th Avenue 40 26th Street 66th Avenue 58th Avenue 40 26th Street 58th Avenue 43rd Avenue 35

33rd Street 66th Avenue 58th Avenue 40

37th Street U.S.1 I.R. Blvd 35

41't Street 66th Avenue u.s. 1 35 41't Street U.S.l I.R. Blvd 45

45th Street West end of pavement 66th Avenue 35 45th Street 66th Avenue 43rd Avenue 45 45th Street 43rd Avenue U.S.l 35 45th Street U.S.1 I.R. Blvd 45

Page 11 of17 35






49th Street 58th Avenue 33rd Avenue 45 49th Street 33rd Avenue U.S.1 30

53rd Street Old Dixie Hwy. U.S.1 53rd Street U.S.1 I.R. Boulevard 45

57th Street 66th Avenue 58th Avenue 40

65th Street 66th Avenue Old Dixie Hwy 45 65th Street Old Dixie Hwy U.S.1 40

69th Street 82"d Avenue Old Dixie Hwy 45 69th Street Old Dixie Hwy East End 35

73rd Street Cemetery Road U.S.1 35

77th Street 74th Avenue U.S.1 45

CR510 CR512 500' E of Elem. School 45 CR510 500' E ofEiem. School 66th Avenue 55 CR510 66th Avenue 58th Avenue 35 CR510 58'h Avenue U.S.1 40

CR512 SR60 W Fellsmere City Limits 55 CR512 W Fell Cty Lmt E Fell Cty Lmt 30 CR512 E Fell Cty Lmt 1 Mile E of Fell 45 CR512 1 Mile E of Fellsmere Wofl-95 55 CR512 Wofl-95 E ofl-95 45 CR512 E ofl-95 CR510 45 CR512 CR510 Easy Street 45 CR512 Easy Street Indian River Drive 35

Roseland Road CR512 125'h Place 45 Roseland Road 125th Place U.S.1 35 Roseland Road U.S.1 I.R. Drive 35

Page 12 of17 36





ROADWAY FROM TO SPEED LIMIT(M.P .H.)

CR507 CR512 South Carolina 30 CR507 South Carolina North County Line 55

Willow Street 85th Street Fellsmere City Limits 45

82"d Avenue OsloRd SR60 45 82"d Avenue SR60 69th Street 35

74th Avenue 12th Street 26th Street 45

66th Avenue SR60 33rd Street 45 66th Avenue 33rd Street 45th Street 45 66th Avenue 45th Street 77th Street 55 66th Avenue 77th Street Sebastian City Limits 45

58th Avenue South County Line Atlantic Boulevard 45 58th Avenue Atlantic Blvd 26th Street 35 58th Avenue 26th St 200' South of 81 st St 45 58th Avenue 200' S of 81 st St CR510 35

43rd Avenue South County Line 13th Street SW 55 43rd Avenue 13th Street SW 5th Street SW 45 43rd Avenue 5th Street SW 4th Street 40 43rd Avenue 41h Street 2700Block 35 43rd Avenue 2700 Block 4000Block 45 43rd Avenue 4000 Block 49th Street 35

27th Avenue South County Line 17th Street SW 50 27th Avenue 17th St SW Oslo Road 45 27th Avenue Oslo Road 14th Street 40 27th Avenue 14th Street SR60 35

Page 13 of17 37






20th Avenue 21st Street SW 17thLaneSW 35 20th Avenue 17th Street SW Oslo Road 30 20th Avenue Oslo Road 1st Street SW 45 20th Avenue 1st Street SW SR60 35

Old Dixie Hwy South County Line 12th Street 40 Old Dixie Hwy 12th Street Seminole Avenue 35 Old Dixie Hwy Seminole Avenue 20th Street 30 Old Dixie Hwy U.S.1 49th St 35 Old Dixie Hwy 49th St CR510 45

I.R. Drive South U.S.1 Sebastian Cty Lmt 30 I.R. Drive Sebastian City Lmt North U.S.1 30 6th Avenue U.S.1 21't Street 30

I.R. Boulevard U.S.1 37th Street 45 I.R. Boulevard 37th Street Grand Hbr Blvd 55 I.R. Boulevard Grand Harbor Blvd 53nl Street 45

NOTE: In accordance with Florida Department of Transportation speed zoning regulations, Florida Statutes Chapter 316, and nationally adopted traffic engineering practices (M.U. T .C.D.-Manual on Uniform Traffic Control Devices), the speed limit on County roadways shall be set as close as possible to the 85th percentile speed; that is, the speed which 85 percent of free-flowing vehicles are traveling at or below. In residential areas, the speed limit on paved roadways shall be posted at 30 miles per hour.

Page 14 of17 38

INDIAN RNER COUNTY PUBLIC WORKS DEPARTMENT


TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RNER COUNTY July, 2010

VII. SCHOOL 20 M.P.H. SPEED LIMIT ZONES

SCHOOL LOCATION A.M. P.M.* HOURS HOURS

ELEMENTARY

BEACHLAND SR60 BEACHLAND BLVD 7:45-9:15 2:45-3:45

CITRUS 4TH STREET 7:45-9:15 2:45-3:45

27m AVENUE 7:45-9:15 2:45-3:45

DODGERTOWN 43RD AVENUE 7:45-9:15 2:45-3:45

FELLSMERE CR512 7:45-9:15 2:45-3:45

GLENDALE 8TH STREET 7:45-9:15 2:45-3:45

IDGHLAND 6TH A VENUE SW 7:45-9:15 2:45-3:45

J.A. THOMPSON 18TH AVENUE SW 7:45-9:15 2:45-3:45

OSCEOLA MAGNET 6TH AVENUE 7:45-9:15 2:45-3:45

PELICAN ISLAND SCHUMANN DRNE N/A N/A

ROSEWOOD 16TH STREET 7:45-9:15 2:45-3:45

SEBASTIAN CR512 7:45-9:15 2:45-3:45

VEROBEACH 12TH STREET 7:45-9:15 2:45-3:45

MIDDLE SCHOOLS

OSLO 20TH A VENUE SW 7:15-8:15 2:20-3:20

GIFFORD 45TH STREET 7:20-8:10 2:35:3:10

Page 15 of17 39




VII. SCHOOL 20 M.P.H. SPEED LIMIT ZONES (continued)

SCHOOL LOCATION A.M. P.M. HOURS HOURS

IDGHSCHOOL

VEROBEACH 16m STREET N/A N/A

FRESHMAN CENTER 19m STREET N/A N/A

WABASSO SCHOOL U.S.l ' N/A N/A

Page 16 of17 40




VIII. TRAFFIC CALMING

ROADWAY 1. 50th Avenue 2. 53rd Avenue 3. 30th Avenue

FROM SR60 SR60 45th Street

TO 26th Street 26th Street 49th Street

CALMING DEVICE Speed Humps Speed Humps Speed Humps

INDIAN RIVER COUNTY TRAFFIC CALMING POLICY

To be considered for traffic calming measures, a County roadway must be a paved, straight and uncontrolled residential street at least one-half mile long, and exhibit the following characteristics. Uncontrolled is defined as containing no STOP signs, traffic signals or other traffic control devices. County arterials, collectors, and other thoroughfare plan roadways designed to promote traffic flow will not be considered.

Characteristics (street meets three or more of the following):

1. High speed- average vehicle speeds greater than 35 miles per hour

2. Heavy traffic- traffic volume greater than I 000 vehicles per day

3. Cut-thru traffic- greater than 50% cut-thru traffic

4. Crash history- pattern of traffic crashes that would be alleviated by traffic calming measures

5. Pedestrians- within one-mile proximity of school, park or recreation area with high pedestrian activity

Once a location has been determined by the Public Works Director to be eligible for traffic calming measures, one or more of the following measures may be applied:

I. Speed limit enforcement by appropriate law enforcement agency

2. 4-way STOP control if warrants are met as contained within the Manual On Uniform Traffic Control Devices

3. Speed humps

4. Roundabout, small traffic circles, chicanes or other geometric features to slow traffic, if adequate right-of-way is donated to the County

Prior to implementing #3 or #4 above, a petition demonstrating two-thirds (67%) neighborhood consensus must be received and verified.

Page 17 of17 41

DATE:

TO:

THROUGH:

FROM:

SUBJECT:

BACKGROUND:

INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET

PURCHASING DIVISION

July 7, 2010

BOARD OF COUNTY COMMISSIONERS

Joseph A. Baird, County Administrator Jason Brown, Director, Office ofManMent and Bu~get

Jerry Davis, Purchasing Manager o~

Indian River County Bid #2010035 Remove and Replace an Uninterruptible Power System

The Department of Emergency Services requested finn fixed pncmg to remove and replace an Uninterruptible Power System (UPS) at the Primary E911 Center. The bid results are as follows:

Bid Opening Date: Advertising Date: DemandStar Broadcast to: Specifications requested by: Replies:

RECOMMENDATION:

March 25, 2010 at 2:00pm February 12, 2010 Two Hundred Seventy Two (272) Vendors Thirty Four (34) Vendors Four (4) vendors

After careful review and consideration, staff recommends that all. bids be rejected. After completing the review process, staff has determined that the bid responses do not effectively detail the vendors' ability to provide emergency repairs with factory trained technicians within a reasonable period of time. The bid specifications will be revised and rebid.

ATTACHMENTS:

Department Recommendation Memo Bid Tabulation


F:lpun:hasing\Bids\2009-2010 FY (2010000)\2010035 Remove and Replace an Uninte:rruptible Power System \Agenda - Rejected Bid. doc

Indian River Co Admin Legal Budget Q~_artment

Risk Manager

Ao.-ed Dat~

l v:;p_..., '/1. / .. I

"( 7/1

/JV .,..,, 110

42

TO:

FROM:


Jerry Davis, Purchasing Manager

DATE: June 30, 2010

SUBJECT: Rejection of IRC Bid# 2010035-911 UPS

tNot R£cnve:o · !'! ANRII/fif.l ee1:1 ....

JRCHASING DfVts~dJ 2010 JUL -1 A q/~·· ·.·

. Z,

I am recommending the County reject IRC Bid# 2010035; this capital project is for the removal and replacement of an uninterruptible power supply for the Sheriff's Office 911 Dispatch Center. The bid responses did not effectively detail the vendors' ability to provide emergency repairs with factory trained technicians within a reasonable period of time. Staff requests we revise the specifications and rebid.

43

Bid No.: 2010035

Bid Name: Remove and Replace an Uninterruptible Power System

Bid Opening Date: 03/25/2010 Time: 2:00 pm

<.i ..:i ~·

'" .... ~ = -5 " '"' s

Indian River County Purchasing Division 1800 27th Street, Vero Beach, FL 32960

(772) 567-8000 ext. 1418

BID TABULATION

<.i = ... ~

'" " ·:;: ~

"' ... '" ~ s 0.

Po< .

MGE/APC By Schneider Electric I GE

UPS Module 50kva/45 kw Galaxy 4000 40 KV A UPS305LP24 1100 SNMP Card

UPS 1018959

3-6 weeks 5 weeks

-q--q-

Witness: Mae2han McLaul!hlin

Witness: Ralph Buron

"" ·E '" ~ = '"

0 =

'"' ....

= = -"" 0

"' ~

= ~ ~ ...:< "" ~ .. ~

0 ~ 0

Po< ,; "' 0

" 0

" 0

I APC/MGE

I GE Digital Energy

I Galaxy 4000 - 40KV A I LPM33U Series

I 3-5 weeks I 7-18 business days

TO:

THROUGH:

FROM:

SUBJECT:

DATE:


Joseph A. Baird, County Administrator

Christopher R. Mora, P.E., Public Works Director C,.., Christopher J. Kafer, Jr., P.E., County Engine~ AMENDMENT No. 4 to THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES AGREEMENT WITH EDLUND, DRITENBAS, BINKLEY ARCHITECTS AND ASSOCIATES, P.A. Indian River County Parks Maintenance Complex - IRC Project No. 0701

July 6, 2010 CONSENT AGENDA


On January 24, 2006 the Board of County Commissioners entered into a Professional Services , Agreement with Edlund, Dritenbas, Binkley Architects and Associates, P .A. to provide professional " architectural, electrical and mechanical engineering, construction inspection, and other related services for the Indian River Parks Maintenance Complex. The contract was for a total lump sum fee of$59,613.00. Three Amendments have been approved by the Board of County Commissioners to date, bringing the Agreement total to $62,693.00.

Amendment No.4 is a request for additional services related to additional interior and exterior finish selections for additional charges of$690.00, bringing the current agreementtotal to $63,383.00.

RECOMMENDATION AND FUNDING

Staff recommends approval of the attached Amendment No. 4 in the amount of$690.00, as outlined in the attached Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute the attachment.

Funding is approved and available from Optional Sales Tax- Parks, Account No. 3155210752-066510-05048 - IRC Parks Maintenance Complex.

F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\0701 BCC Agenda Amend No.4 Edlund, Dritenbas 07-06-lO.doc - ----- -- - ---- ----- -- . - ------------ -------------

45

PAGE TWO IRC Project No. 0701 BCC Agenda Item for July 20, 2010 July 6, 2010

ATTACHMENTS

1. Edlund, Dritenbas, Binkley Architects and Associates, P .A., request for Amendment No. 4 to the Professional Architectural and Engineering Services Agreement

DISTRIBUTION

1. Paul Dritenbas, AlA, NCARB, LEED A.P., Edlund, Dritenbas, Binkley Architects and Associates, P .A.

2. David Fleetwood, Superintendent, Parks


Indian River Connty Approved Date

Administration

Budget

Legal

Public Works Cv- 7-1?-10

Engineering

I

F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\0701 BCC Agenda Amend No.4 Edlund, Dritenbas 07-06-lO.doc ------- ---- ----------- --

46

Board of County Commissioners 1801 27th Street

Vero Beach, Florida 32960-3388 Telephone: (772) 226-1283

FAX: 772-778-9391

INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX AMENDMENT No.4

TO THE PROFESSIONAL ARCHITECTURAL

AND ENGINEERING SERVICES AGREEMENT WITH

EDLUND, DRITENBAS, BINKLEY ARCHITECTS AND ASSOCIATES, P.A.

This Amendment No. 4 to The Professional Architectural and Engineering Services Agreement is in accordance with the existing AGREEMENT dated January 24, 2006 and the extension thereof, between Edlund, Dritenbas, Binkley Architects and Associates (ARCHITECTS) and Indian River County (COUNTY).

This Amendment No. 4 to the Professional Architectural and Engineering Services Agreement amends the agreement as follows:

SECTION IV- SCOPE OF SERVICES

The Scope of Services for this Amendment No. 4 to the Professional Architectural and Engineering Services Agreement is to perform the following tasks as requested by the COUNTY:

• Additional interior and exterior fmish selections

SECTION VI- COMPENSATION

The COUNTY agrees to pay, and the Architect agrees to accept, a fee for construction related services rendered according to the "Scope of Services" and further identified in all the Sections of this Amendment No.4 to the Professional Architectural and Engineering Service Agreement in accordance with the hourly rate for a total not-to exceed amount of$690.00.

All and/or any additional services not described hereon shall be pre-approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the

H:\Docurnents and Settings\EDB\Local Settings\ Temporary Internet Files\Content.IES\SQ1K08UQ\0701 BCC Amendment No.4 Edlund, Dritenbas 07-06-IO.doc 47

PAGE TWO Amendment No. 4 with Edlund, Dritenbas, Binkley Architects and Associates, P.A. July 6, 2010

approved fee schedule with the ARCHITECT, as outlined in the January 24, 2006 Agreement.

All invoicing and payments shitl.l be in accordance with the original Professionitl. Architectural and Engineering Services Agreement with the COUNTY and as stated hereon. Invoices shall include the work order and project number, invoice number related to this work order, original contract amount, current billing amount and retainage amounts.

The AGREEMENT is hereby amended as specificitl.ly set forth herein. All remaining sections of the AGREEMENT shitl.l remain in full force and effect, and are incorporated herein.

Attachment: Edlund, Dritenbas, Binkley Architects and Associates, P.A. Request for Amendment #4.

OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

(Signature) Peter D. O'Bryan, Chairman

Approved by BCC ______ _

ATTEST: Jeffrey K. Barton, Clerk of Circuit Court

Deputy Clerk

Edlund, Dritenbas, Binkley Architects and Associates, P.A.

Witnessed by: (Edlund, Dritenbas, Binkley Architects and Associates, P.A.)

!IMzt (Signature)

A-\aV\br:kvtbo.> -T,..+-erV~ (Printed name and title)

H:\Documents and Settings\EDB\Local Settings\ Temporary Internet Files\Content.IE5\5QlK08UQ\0701 BCC Amendment No.4 Edlund, Dritenbas 07~06~10.doc 48

... EDLUND · DRITENBAS · BINKLEY ARCHITECTS AND ASSOCIATES, P.A.

Members of the American Institute of Architects AR# AACDDDBBS

.t I ~ I •

~~~~~[Q) JUL 0 2 2010 (M-

30 June 2010 INDIAN RIVER COUN,tl' ENGINEERING DIVISION

TO:

RE:

Mr. Chris Kafer, P .E. County Engineer, Engineering Division 1801 271

h Street (Bldg. A) Vero Beach, Florida 32960

J:::Dn Ar-~~-= ... e~•s ~~--' A-soc;""'-tp.c- P A ...._. D .V.Llll t,.,t ~.lU "o:;) u•~.,....;, ·- .

Paul Dritenbas, Architect 65 Royal Palm Pointe, Suite-D V ero Beach, Florida 32960

Request for Supplemental Work Order (Amendment #4) Indian River County Parks Maintenance Complex

Dear Chris,

As· requested by your office and in accordance with our current agreement for services, Section IX - Extra Work, we are he1;ewith requesting approval of the following additional services:

I. Additional interior and exterior finish selections per the attached Statement of -· --·-Tustification.----- -----·------ -----···----~----· --·· ---- -··

Total cost for the additional services is as follows:

Registered Architect: 6 Hours@ $ll5.00/hr .................. $690.00

Should you have any questions please don't hesitate to call.

Paul Dritenbas, Architect, A.I.A., NCARB, LEED A.P.

65 Rqyal Palm Pointe, Suite 0, Vero Beach, FL 32980 Vero Beach 772/$69~4320 Oeerfield.Beach 954/429..0995

Fax 772/569-9208 ·Fax 954/42'1-8269

49

Additional Services Statement of Justification

The IRC Parks Maintenance construction documents were completed in October of2007 and final specifications were revised March lz'h, 2009 for public bidding.

The interior and exterior colors, finishes, etc. were approved by the owner on April 21 ", 2009, and issued to the bidders in Addendum No.2 on May 5th, 2009.

During the bidding procedures it was discovered that the approved floor tile and carpet were discontinued by their manufacturers, subsequently requiring the Architect to re-select the tile and carpet and revise the laminate and paint colors to match the new tile. This new color scheme was issued to the bidders in Addendum No.4 May 201

h, 2009.

During the construction of the project the new specified floor tile was discontinued by the manufacturer. The Architect and Owner now worked with the Contractor in selecting a replacement tile that fell within the allocated budget of Contractors schedule of values. Tiles and associated colors were revised for a final time and installed by the Contractor.

In addition, exterior wall and roof colors where revised due to manufacturers availabilities of metal roofing and sidings originally specified on 2 of the 3 buildings.

A total or 22 hours were spent on revising the aforementioned interior and exterior colors, which were beyond the Architects control. Due to the extra work involved and in good faith, EDB is requesting only (6) six hours of additional time, 27% of the total time actually spent coordinating and administering services for our client, Indian River County.

50

--------IN~D~IA--N~~--~R--C~O~UN~T~Y~,~F~L~O~RID--A----------~----~~(;~

MEMORANDUM

TO:

THROUGH:

FROM:

SUBJECT:


Christopher R. Mora, P.E., Public Works Director ~ Christopher J. Kafer, Jr., P.E., County Engine~ Kimley-Hom and Associates, Inc. Approval Work Order No. 1 to the Annual Professional Engineering Services Agreement Old Dixie Highway Sidewalk from 38"' Lane to 65"' Street -IRC Project No. 0845

DATE: July 8, 2010 CONSENT AGENDA


On August 22, 2006, the Board of County Commissioners approved an agreement with Kirnley-Hom and Associates, Inc. to provide professional engineering services for projects in Indian River County.

Indian River County M.P. 0. has designated the 0 ld Dixie Highway sidewalk from 3 8"' A venue to 65"' Street as top priority as shown in the Comprehensive Bicycle and Pedestrian Plan. this enhancement sidewalk project has been requested by local residents and school board members for many years. This is a Florida Department of Transportation (FDOT) Safe Routes To School grant project in the amount of $1,570,200.00. FDOT requires design and review procedures adhere to FDOT Plans Preparation Manual and standard submittal and review through FDOT Guidelines. Also, this project will follow FDOT Local Agency Program grant procedures. Kirnley-Hom and Associates, Inc. has provided a proposal for design completion of the sidewalk, permitting and processing through FDOT procedures.

Kimley-Horn and Associates, Inc. has submitted the attached Work Order No. 1 for FDOT LAP Coordination in an hourly Not-to-Exceed amount of$15,000.00 and for construction documents Lump Sum fee of$65,000.00 for a total of$80,000.00.

RECOMMENDATION AND FUNDING

Staff recommends approval of the attached Work Order No. 1 (Engineering) authorizing the abovementioned project as outlined and requests the Board to authorize the Chairman to execute the attached Work Order 1 on their behalf in the amount of $80,000.00. Funding is budgeted and available from the Gas Tax/Secondary Roads Account No. 10921441-066510-10007 -Old Dixie Highway Sidewalk 38"' Lane to 65"' Street.

ATTACHMENTS

Work Order No.1 with Kirnley-Hom Associates, Inc.

DISTRIBUTION Indian River Cooney Appr.Q .... 1. Michael D. Nixon, P.E., Roadway Production Manager

Administration '}JP 7/ts/JO Budget

.,, 7/ri._f/0 2. Kimley-Horn and Associates, Inc. U}

., 7- Ji -tO L«>l

APPROVED AGENDA ITEM Risk Mana~~:ement '

Public Works c Engineering y f;f

/

F:\Public Works\ENGINEERING DIVISION PROJECTS\0845-0id Dixie Hwy Sidewalk US1_69th (LAP)\Admim\agenda items\0725 BCC Agenda Memo Work Order No. l Kimley- Horn 07-08-lO.doc

7-~;l.-10

7- I 2-/ t::?

51

INDIAN RIVER COUNTY Old Dixie Highway Sidewalk Improvement- 38th Lane to 65th Street

WORK ORDER NO. 1 TO THE ANNUAL PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA.

This is a work order to the existing Annual Professional Engineering Services Agreement (AGREEMENT) between Kimley-Horn and Associates, Inc. (ENGINEER) and Indian River County (COUNTY).

PROJECT DESCRIPTION

Professional consultant services are required for the preparation of construction documents associated with the sidewalk improvements for Old Dixie Highway from 38'h Lane to 65th Street. The project will consist of the following:

Construct a five (5) foot concrete sidewalk on the east side of Old Dixie Highway from 38th Lane to 65th Street. The total length of the sidewalk is approximately 3.5 miles.

Design updates, which may be added by amendment, will be required when changes in field conditions occur or when other roadway resurfacing or widening projects are constructed after the notice to proceed.

COUNTY OBLIGATIONS

The COUNTY agrees to provide (in a timely manner) the following material, data, or services as required in connection with the work to be performed under this Agreement; all of which information the ENGINEER may use and reasonably rely upon:

A Provide the ENGINEER with a copy of CADD files consisting of existing location surveys, topographic surveys, design files, digital terrain models, and any other related documents as required for the ENGINEER to perform his services.

B. Provide the ENGINEER with all available drawings, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the project.

C. The COUNTY shall make provisions for the ENGINEER to enter upon public and private property as required for the ENGINEER to perform his services.

D. The COUNTY will provide the enviromnental assessment document (Categorical

52

Indian River Connty, Work Order No. I Old Dixie Highway Sidewalk Improvement

Exclusion) required for this project to be submitted to FDOT.

E. The COUNTY will provide the ENGINEER with structural plans and calculations for the proposed box culvert extensions and the proposed pedestrian bridge over the Indian River Farms Water Control District North Relief Canal required for this project.

SCOPE OF SERVICES

The ENGINEER agrees to perform professional roadway design and related services m connection with the project as required and set forth in the following:

A General:

I. After issuance of written authorization to proceed, the ENGINEER shall consult with the COUNTY to clarify and defme the COUNTY'S requirements for the project and review available data.

2. The ENGINEER will attend conferences with the COUNTY and its representatives upon reasonable request.

3. In order to accomplish the work described under this Task Order in the time frames and conditions set forth, the ENGINEER will observe the following requirements:

a. The ENGINEER will complete his work on the project within the time allowed by maintaining an adequate staff of registered engineers, draftsmen, and other employees on the work.

b. The ENGINEER will design the project in such a manner as to be in reasonable conformance with applicable federal, state and local laws, and shall comply with the Florida Department of Transportation's Plans Preparation Manual Design Criteria, latest edition.

c. The ENGINEER will prepare all necessary sketches and completed application forms to accompany the COUNTY'S applications for required federal, state, or local permits.

d. The ENGINEER will cooperate with the COUNTY in order that all phases of the work may be properly scheduled and coordinated.

e. The ENGINEER will send a complete preliminary set of construction plans to any city, county, state, regional or federal regulatory agency from which a permit or other approval is

Page 2 of6

53

Indian River County, Work Order No. 1 Old Dixie Highway Sidewalk Improvement

required prior to final approval of the design by the County Engineer, and will coordinate the project design with all applicable agencres.

f. The ENGINEER will contact all known utility companies having installations in the inrmediate vicinity of the proposed work and consider relocation of utilities, if necessary. The ENGINEER will provide the COUNTY with nece•sary information relative to required utility adjustments, relocations and installations and will show all known existing utilities on the final design plans. Design modifications to existing utility lines, if necessary, may be negotiated by a separate agreement.

B. Roadway Plans:

Roadway set of plans shall consist of the following:

PHASE SuBM:tT'TALS 60% 90% 100% Cover Sheet X X X General Notes General Technical X Summary ofPay Items/Quantities Pay Items X Typical Sections X X X Horizontal and Vertical Control Sheets (Benchmarks, Reference Points, Section X X Comers) Details X X Plan/Profile Sheets ( 40 scale) X X X Cross Sections at approximately 100 ft

Exist. & Exist. & Exist. & intervals, extending 10 'beyond proposed

Proposed Proposed Proposed right-of-way (1"=5' Vertically,

w/quantities 1 "=20'Horizontally) Signage & Pavement Marking Plans Markings

X X ( 40 scale) Included in Plan Sheets Only Stormwater Prevention Pollution Plan

X X Sheets Construction Cost Estimate and

X X X Quantities Submit Plans to FDOT X X

Page 3 of6

54

Indian River County General Construction Plan Requirements:

• Plans shall be prepared on 11" x 17" sheets.


• Each phase submittal shall include a minimum of three (3) sets of 11" x 17'' drawings

• Plan sheets shall depict existing right-of-way, proposed right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table.

• Plans shall include existing profiles for all driveways.

• Match lines shall not be located within the limits of an intersection.

• All quantities shall reference FDOT Pay Item Numbers.

• All details shall reference FDOT Index Numbers.

• All specifications shall reference the latest edition to FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications.

C. Signing and Pavement Marking Plans:

Signing and Pavement Markings will be included within the Roadway Plan sheets. Quantities will be provided in the Summary of Pay Items sheet. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, and complete in design.

D. FDOT LAP Coordination:

The ENGINEER shall submit the proposed construction documents and specifications to the Florida Department of Transportation (FDOT) Local Agency Program (LAP) review process. The ENGINEER will be responsible for coordinating with and providing responses to request for information from the district LAP coordinator.

Page 4 of6

55

Indian River County, Worlc Order No. I Old Dixie Highway Sidewalk Improvement

COMPENSATION

The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following:

A. Professional Services Fee

The basic compensation mutually agreed upon by the ENGINEER and the COUNTY is as follows:

Tasks

Hourly Not-to-Exceed Tasks

FDOT LAP Coordination

Lump Sum Tasks

Construction Documents

GRAND TOTAL

Labor Fee

$ 15,000

$65,000

$80.000

SCHEDULE

Upon authorization to proceed by the COUNTY, project completion is expected to take eleven (11) weeks from the Notice to Proceed (NTP).

NTP

Construction Document Completion

FDOT LAP Approval

anticipated on July 21. 2010

on or before September 17. 2010

anticipated on or before September 30. 2010

Page 5 of6


The AGREEMENT is hereby amended as specifically set forth here in. All other sections of the

AGREEMENT shall remain in full force and effect and are incorporated herein.

This Work Order No. 1 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida.

In witness whereof the parties have executed this Work Order this

--------'' 2010.

_____ day of

Attest: /lLJL

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By: ____________ _

Peter D. O'Bryan, Chairman Board of County Commissioners

·Att~t:·---=---=~~~~--Deputy Clerk ofthe Court

Page 6 of6

57

INDIAN RIVER COUNTY MEMORANDUM

TO: Joseph A. Baird, County Administrator

THROUGH: Christopher R. Mora, P.E., Publi Works Director ~ FROM: Louise Gates, Land Acquisitio

SUBJECT: Right-of-Way Acquisition, 66th nue Project#0370 6840/6810 41'1 Street, Parcel I.D. #32-39-30-00001-0070-00004.0

Parcel I.D. #32-39-30-00001-0070-00004.1 Project Parcel #305 and #304 (Located west of 66th Avenue on 41st Street) Owner: Richard L. and Linda Waddell

DATE: July 7, 2010 Consent


In conjunction with the widening of 66th Avenue, the County must acquire the proposed right-of-way located on the north side of 41 51 Street, approximately 1,200 feet west of 66th Avenue. The two parcels measure 25 feet by 165 feet each and are partial takes consisting of a total of approximately 8,250 square feet or 0.19 acres. The parent parcels measure 5 acres each and are zoned A -1. County staff purchased several parcels in this area of 66th Avenue supported by appraisals valuing the acreage at $55,600 per acre.

After negotiations, Mr. and Mrs. Waddell accepted an Agreement to Purchase and Sell Real Estate for the amount of$10,008 based on the value of$55,600 per acre for the 0.19 acres plus $1,501.20 (15% selling incentive) totaling a sales price of$11,509.20.

There are no appraisal fees Legal Fees to Gould Cooksey Fennel, P.A = $2,727.50 Total= $11,509.20 + $2,727.50 = $14,236.70

1

58

Property Acquisition, 6840/6810 41'' Street July 7, 2010- Page Two of Two

RECOMMENDATIONS AND FUNDING

The Board's options include the following:

Option 1: Approve the transaction, purchasing the needed right-of-way for $11,509.20 plus attorney fees of$2,727.50 totaling $14,236.70.

Option 2: Reject the terms of the Agreement and continue to negotiate.

Staff reco=ends Option 1: The Board of County Commissioners approves the purchase of the needed right-of-way at a price of$11,509.20 and authorizes the Chairman to sign the Purchase and Sale Agreement.

Funding:

Funding is budgeted and available from the Secondary Roads Fund, Right of Way, 66'h Avenue/SR 60 to 59th Street, Account# 10921441-066120-06040.

ATTACHMENT

2 Purchase and Sale Agreement's

DISTRIBUTION

Christopher R. Mora, Public Works Director Louise Gates, Land Acquisition Specialist Richard Waddell

APPROVED AGENDA ITEM FOR: July 20,2010

2

Indian River County

Administration

Budget

Legal

Public Works

Engineering

-1 a;cd A ~'J:uisi:Qgg

Approved Date

~ 1j;5;10

(A~ 7 f,z.Jto w~ 7- Jc./~ ('v

G. 7-t-;_- ID

C-~ 7 .-JC - I e::> /

59

ORIGINAL

AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY

AND RICHARD L. AND LINDA WADDELL

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the __ day of , 2010, by and between Indian River County, a political subdivision of the State of Florida ("the County''), and Richard L. and Linda Waddell, (Seller"), who agree as follows:

WHEREAS, Richard L. and Linda Waddell owns property located at 6840/6810 41st Street, Vero Beach, Florida. A sketch and legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and

WHEREAS, the County, is scheduled to expand 66th Avenue in the future and the road expansion will impact and affect Richard L. and Linda Waddell; and

WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to 41st Street; and

WHEREAS, the County has contacted Richard L. and Linda Waddell and has offered to purchase approximately 0.18 acres of property from Richard L. and Linda Waddell to be used as right-of-way as depicted on Exhibit "A" (the Property); and

WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and

WHEREAS, Richard L. and Linda Waddell and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property;

NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows:

1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein

2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 6840/6810 41st Street, Vero Beach, Florida and more specifically described in the sketch and legal description attached as Exhibit "A", fee simple, containing approximately 0.18 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property").

1

60

ORIGINAL

2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $11,509.20 (Eleven Thousand Five Hundred Nine and 20/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority.

3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions").

3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

4. Representations of the Seller.

4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances.

4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County.

4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district.

5. Default.

2

61

ORIGINAL

5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing.

5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing:

6. Closing.

6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as. follows:

(a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3.

(b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof.

(c) If Seller is obligated to discharge any encumbraHces at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.

(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980.

(e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction.

6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller.

7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents.

7.1 County shall pay the following expenses at Closing:

3

62

ORIGINAL

7 .1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement.

7.1.2 Documentary Stamps required to be affixed to the warranty deed.

7 .1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any.

7.2 Seller shall pay the following expenses at or prior to Closing:

7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property.

8. Miscellaneous.

8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters.

8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings.

8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties.

8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.

8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight'' courier service or facsimile transmission, as follows:

4

63

If to Seller:

If to County:

Richard L. and Linda Waddell 6810 41 51 Street Vera Beach, FL 32967

Indian River County 1801 27th Street Vera Beach, FL. 32960 Attn: Land Acquisition/Louise Gates

ORIGINAL

Either party may change the information above by giving written notice of such change as provided in this paragraph.

8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.

8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses.

8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original.

8.9. Countv Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.

8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.

8.11 Fees and Costs: County agrees to pay a reasonable attorney's fee to review the enclosed documents and provide legal advice as to your best interests in the endeavor.

5

64

ORIGINAL

8.12 "Seller acknowledges receipt of the "Notice to Owner" and understands his/her rights granted under Florida Law Chapters 73 and 74." eft' ,CO

tf. 7::._ tJ * Initials

IN WITNESS WHEREOF, the undersigned have executed this Agreement as ofthe date first set forth above.

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

Peter D. O'Bryan, Chairman



Deputy Clerk

Richard L. Waddell Date

* Linda Waddell Date

· .. ·74· .. · .. ·.·.·.·: .. ·.

·+Sd··.·.··· . . .

·.·.·. · .. · ... · ... '

~,~unty Attorney

6

65

0') 0')

WEST 10 ACRES OF 11-IE EAST 20 ACRES OF

TRACT 7, SECTION 30, TOWNSHIP 32 SOUTH,

RANGE 39 EAST

WEST )! OF THE EAST 10 ACRES OF TRACT 7, SECTION 30, TOWNSHIP 32 SOUTH,

RANGE 39 EAST

RICHARD L UNDA WADDELL 32393000001007000004.0

ORB 1194, PG 615

EAST )! OF THE EAST 10 ACRES OF


RANGE 39 EAST

EXHIBIT A

I I 60' ---

r---- ....J I I LlJ ~

~ -w ~~~ """

I 41ST STR£:£T I PARCEL 305 II :;:

• 0 i ~

"-0 <( :r: 0

PROPOSED RIGHT OF WAY LINE'\._

h:,-- 165.00'±. ~ g - - PARCEL 305 - T w ui 4,125 SQ. FT. 25' ~

-- C\1 __ 0,09ACRES_l. N

NORTHERLY RIGHT OF WAY UNE 165.00'± ; r 3fL _ 1411.77'±

l"z ~::J

_JI! !

::l<( zo_ LlJ<(~ > "' <( ...J g

<(C. :Co:: 1-LlJ "'!"'<(

....J

15115 ~~ ~~~ "'"'-' (f.l Ld u.~ oa!~ z..:z <(D.::> z,_o QW() t-wa: !!,a:w a:t;> u .... a.: ffl~z o..-..:

i 41ST STREET l TRACT UNE __ !__ 1Li..§m.TION...b!t!L __ ; 1 __ -~ASIS~RIN~ A...

,---- NB9'45'15"E ~-SUB-LATERAL A6 DITCH

_ SOUTHERLY~IGI:!J OF WAY UNs_ ___ _

1fGAL QESCR!pT!ON IGHT OF WAY PARCEL

-- 30'-1- -- - - ---../'----,

._._, THE SOUTH 25.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1194, PAGE 815:

s 0 60' 120' L;;- , I

GRAPffiCSCALE 60'

THE WEST O.NE-HALF (~) OF THE FOLLOWING DESCRIBED PROPERTY:

THE EAST 10.00 ACRES OF TRACT 7, SECTION 30, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY SUBDI~SION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE' PUBLIC RECORDS OF ST. LUCIE (NOW INDIAN RIVER) COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM, HOWEVER, l'HAT POR110N LYING MTHIN 41S'r STREET {SOtrJTH GfFFORD ROAD) ON THE SOUTH.

CONTAINING 4,125 SQUARE FEET OR 0.09 ACRES, MORE OR LESS.

SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAl DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE SOUTH LINE OF ll-lE NORTH )2 OF SECTION 30. SAID LINE BEARS NORTH 89'45'15" EAST. 3) THE SCALE OF 11-US DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) RIGHT OF WAY LINES AS SHOWN HEREON ARE BASED UPON THE INDIAN RIVER FARMS COMPANY SUBDIVlSION AS RECORDED IN PLAT BOOK 2, PAGE 25 ..

-3<*29-WEST )I CORNER SECTION 129

LEGEND -- --- --- SECTlON LINE

PROPERTY LINE - - PROPOSED R/W

LINE ------ RIGHT OF WAY LINE

R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE

~ B (!) !'!:; ~

~! •

d •

i~ •• • 0

~d~ il·1l ~ 'i[l + ~8 s j;'-d •• e~~,-~

r~-,-.-.,-.,-,,-,-~-.-,-.--:-,,-.. -,-,-.~-"'-,-,M-.-,,-,-,,-,..,-,-,-,-,,-,,-.,-,-,--1 r=J'"' " ~ ~ d d11sw/brld h11rt10n 11'1>11 mod' und11r- my 11'-'PIIn#/on tmd /hal /hi$ 1"}111 ~;!, ~ dt:crlpl/r:>n and t~hlch mlf/11 lh• mTnlmum /!lchn/1:111 stondonh u/ ""'011 forth by /h., Flor/drJ BrHSrd of Ptofurlonol Lond Sllrw~ In ChopliN" II jE 6/G/7-8, Florida Admlni•/ITJI/~ CodtJ, pursuont Ia S~r;//on 472 .. 027. i e FlorldD str>/U/11'$. And /h11/ lh/s drowlnrJ Tr 11 /Ntl ond D~CUfi0/11 !

I rt1P n/r:I//M /h..,..of /g fh bu/ r:>f my·irnow/IKigtJ ond biN/11f. nr,:;'l"' !I!

to no/11• d nola/ 11 11hatm hflra<JII. .. ~ jj!

~ tl tl R S.J.f .. ,No./6647 ,t o. "" l:l

'3-z.+~o -•,• NO VALID K17HOUT 'me siGNAWRE AND me ORICJNAL RAtseo SEAL \:1 I ! ~ OF' 7HE FLORIDA UCENW SUR~ -AND MAPPER AB0\1:: !l :!1 ~

onbnp•5"'6 ll'q UI<I&O:S 010~ 'l:o JDI'( nnllo(Q1 80\p'~OI: ~IIYd lti-U M\AJIIHnS\LSLt\COv:l\0~ IG'oiH NVI!IHI\~"""nst!M\'>1 :0\L!oU 5Uf01DlC

en -.,J

\'<EST )! OF THE EAST 10 ACRES OF


RANGE 39 EAST

EAST )! OF THE EAST 10 ACRES OF


RANGE 39 EAST RICHARD L LINDA WADDELL 32393000001 OD70000D4.1

ORB 1180, PG 1875

w Zr:JJ-

I;; \I <51!'

w z.,

·~~ IM::ST 9 ACRES OF


RANGE 39 EAST

I I

1-e~-, I w~

::J<(

1-

§w z l) illlill w_.~ U > -...., l I

EXHIBIT A

L 41ST STREET I PARCEL J04 II :::

i ~

PROPOSED RIGHT OF WAY LINE"'\

_t - 1§50Q'+ - ~ T PARca •o• 25' 4,125 SQ, FT~

_ _ l. - 0.09 ACRES - _ 1246.:1.7':!:.._ NORTHERLY RIGHT OF WAY LINE 165,001±

l"'z ~::J

---~--} j

<C.-J""g ~~ <(C

:r:o:: 1-UJ <01-<0<(

...J

iii g; ~~~ woO:: ,.,..,o cn-lii c:Jw z~r-: ~a_5 Ql-0 i=wu ~~0:: 5~·~ reu;~

l 41ST STREET --- TRa2I..Y!iE _; -- ~ BEARINGS

NB9.45'15'"E ___1L4 S~NE---.1'-

N

SUB-LATERAL A6 DITCH _ _SO.!,!_THERL Y RIGHT .QF Y!_AY LINE _ _ ---~ _I _

30' :J

I EGA! DESCR!pDON RIGHT OF WAY PARCEL

-- -l-----,

W*E THE SOUTH 25.00 FEET OF THE FOLLOW'ING DESCRIBED. PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1180, PAGE 1875:

s 0 60' 120'

1;;;;;-- ;;j-- -- -- I GRAPIDC.:>~w

THE EAST ONE-HALF ()!) OF THE FOLLOI\1NG DESCRIBED PROPERTY:

THE EAST 10.00 ACRES OF TRACT 7, SECTION 30 TOWNSHIP 32 SOUTH, RANGE 39 EAST. •INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING 'ro THE PLAT THEREOF AS RECORDED IN :PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE (NOW INDIAN RIVER) COUNTY, FLORIDA. LESS AND EXCEP11NG THEREFROM, HOI'<EVER, THAT POR110N LYING WITHIN 41ST STREET (SOUTH GIFFORD ROAD) ON THE SOUTH,

CONTAINING 4,125 SQUARE FEET OR 0.09 ACRES, MORE OR LIESS.

SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE SOUTH UNE OF THE NORTH )! OF SEC110N 30. SAIO LINE BEARS NORTH 89'45'15" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED CURING REPRODUC110N PROCESSES. 4) RIGHT OF WAY LINES AS SHOWN HEREON ARE BASED UPON THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK Z, PAGE 25.

---3~29-Y<EST)I CORNER SECTION 129

--LEGEND

SECTION LINE PROPERTY UNE PROPOSED R/W UNE

- - RIGHT OF WAY LINE R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE

a~z "<

~ 0 (!) z w -_,

m ~~ ~ ~ ~ Is Q.!:! 8 m ~

0

i~!i 8·s I~~~ ~.ill! .. e-gll·~ r:~~:-:-~:-:-:-:---:-~:-~----~-l2 ~ g

'Th/11 c.rtlfl""' lhal a l~a/ d<JII<:r/pl/<111 ond llklll<l/t a( tho PRJPviY Cl i ! d<Jtu:rlbt~d h<~f'IJfJrt wo~ made unci" my <lllplln111/on and that U!/11 /ego/

1, i' ~

dur:rfptlon Q/!d 11k11lch ma11/11 lhl!l mlrrlmum l"htlk:ol danrk>n!11 "' l" farfh by tha "FI~da Borml af Prof11nlona/ !.and SUIW.)OI'S 41 Chopl•r II E 61G17-S, F1wlda Adm!nlllll'ol/w Cado, pur&Utml Ia S<1atlon 472.027, 8 E. F1or/dQ Slalultt/1, /hQl lhhl drrJYrlng /11 0 lnlot tJrtd occuralo A ~ ~ /QI/Q(I/Ji fDf/tll tltlfDffflykfiDwflldQIIQIIdbltffllf. n@~;J( Stlb I to nota11 u /loll:/~ 11 whawn /tfl!'flllll. U "'1

~ ~ ~ § ~li li

li i I o~b~p·~J~ >(q Wd&Q>s; OlD~ '~0 Jofl llnM"l 6Mp't(ll: "'J:II!'I'd M-!1 M\J,31,1111S\Lslt\<IOY:I\O:I lB\tU HVKLNJ\A'...,nS""SIIII\il! :VWIIU 61J1i<IJJ(]

INDIAN RIVER COUNTY MEMORANDUM


THROUGH: Christopher R. Mora, P.E., Public Works Director ~ FROM: Louise Gates, Land Acquisition Spec~ SUBJECT: Drainage/Temporary Construction EUnt ~cquisition

Oslo Road (27th Avenue to 43'd Avenue) Parcel I.D. #33-39-22-00001-0130-00002.0 Owner: Bruce L. and Nancy G. Stamile

DATE: June 21, 2010 Consent


In conjunction with the widening of Oslo Road between 43'd Avenue and 27th Avenue, the County must acquire a 15 foot by 900 foot drainage easement, located on the west side of the Stamile property. Abutting the drainage easement to the east is a temporary construction easement 15 foot wide by 948 feet in length. The drainage easement will provide access to the storm water retention pond previously purchased by Indian River County. The parent parcel is approximately 9.25 acres with multiple zoning designations of 4.22 acres as CH-Commercial and 5.03 acres as RS3-Residential.

After extended negotiations, Bruce and Nancy Starnile accepted an Agreement to Purchase and Sell Real Estate for the amount of $85,500 for the easements. In April 2008 the Starnile's sold the County additional right-of-way priced at $19 per square foot along Oslo Road. The purchase of 27,780 square feet of easement @ $3.08 per square foot, equates to less than 20% of the previous sales price of $19 per square foot.

There are no appraisal fees or other expert fees associated with the purchase.

1

68

Property Acquisition, 4150 9'h Street (Oslo Road) June 21, 2010- Stamile Easements Page Two of Two


The Board's options include the following:

Option 1: Approve the transaction, purchasing the needed drainage and temporary construction easements for $85,500. (27,780 square feet x $3.08 per square feet =

$85,500).

Option 2: Reject the terms of the Agreement and continue to negotiate.

Staff recommends Option 1: The Board of County Commissioners approves the purchase of the needed easements at a price of$85,500 and authorizes the Chairman to sign the Purchase and Sale Agreement.

Funding: Funding for this expenditure is budgeted and available from Im~act FeesDistrict ill, Account# 10215341-068004-06018, Easements-Oslo Road/27 to 43'd Avenue. For Fiscal Year 2009/10, a total of$4,899,912 has been budgeted for this project, with $2,806,446 being expended to date.

ATTACHMENT

1. Two "Originals" of the Purchase Agreements

DISTRIBUTION

Christopher R. Mora, Public Works Director Louise Gates, Land Acquisition Specialist Bruce L. & Nancy G. Stamile

APPROVED AGENDA ITEM FOR: July 20, 2010

2

Indian River County

Administration

Budget

Legal

Public Works

Engineering

LMM l'\eqaisttion

Approved Date

~~~ ?;rs/;o (/v ~ 1/ ti/10

!IJ}kb 1-t.J-,o

Cv--- 7-1].. -lC

7~12--lt::P

/ - _..

69

UJ:U\>li~AL

AGREEMENT TO PURCHASE AND SELL REAL ESTATE AND TO CONVEY A DRAINAGE EASEMENT BETWEEN

INDIAN RIVER COUNTY AND

BRUCE L. AND NANCY G. STAMILE

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the _. _ day of , 2010, by and between Indian River County, a political subdivision ofthe State of Florida ("the County"), and Bruce L. and Nancy G. Stamile, ("Sellers"), who agree as follows:

WHEREAS, Bruce L. and Nancy G. Stamile owns property located at 4150 gth Street~ero Beach, Florida; and

:;-:tJ . WHEREAS, the County, is scheduled to expand Oslo Road (9th Street, SW) in the

future and the road expansion will impact and affect the Seller's property; and

WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase a permanent storm-water easement and a temporary construction easement, as described on the sketch and legal description attached as Exhibit "A"; and

WHEREAS, the County has contacted Bruce L. and Nancy G. Stamile and has offered to purchase approximately 0.31 acres, or 13,500 square feet (15 feet by 900 feet) of property from Bruce L. and Nancy G. Stamile to be used as a storm-water drainage easement, as described in the sketch and legal attached as Exhibit "A" (the Property); and a temporary construction easement containing 0.33 acres (14,280 square feet), as described in the same sketch and legal attached as Exhibit "A" (the Property). The temporary construction easement will expire on June 30, 2012 or at the termination of construction, which ever occurs first; and

WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and

WHEREAS, Bruce L. and Nancy G. Stamile and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property;

NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows:

1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein

2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, a perpetual, non-exclusive drainage easement over, through and under that certain parcel of real property located at 4150 gth Street_A.Oslo Road), VerR

1 s.w {IJJ'N-

70

Beach, Florida and more specifically described in the sketch and legal description attached as Exhibit "A", containing approximately 0.31 acres, (the "Drainage Easement"). The County shall have the right, but not the obligation to perform emergency maintenance on the drainage easement. Included in the purchase is a temporary construction easement more specifically described in the sketch and legal description attached as Exhibit "A", expiring on June 30, 2012 or at the termination of construction, whichever occurs first.

3. Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $85,500 (Eighty-Five Thousand Five Hundred Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority.

4. County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

5. Representations of the Seller.

5.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances.

5.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County.

6. Default.

6.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Selier nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing.

6.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice

2

71

delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing:

7. Closing.

7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows:

(a) The Seller shall execute and deliver to the County a perpetual, non-exclusive drainage easement over under and through the property described and depicted in Exhibit "A", free and clear of all liens and encumbrances and in the condition required by paragraph 3.

(b) The Seller shall execute and deliver to the County a temporary construction easement over, under, and through the property described and depicted in Exhibit "A". The "Temporary Construction Easement" shall become effective upon the closing date and shall expire on June 30, 2012 or at the termination of construction, whichever occurs first.

(c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980.

(d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction.

8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents.

8.1 County shall pay the following expenses at Closing:

8.2 The cost of recording the permanent drainage easement and the temporary construction easement; and any release or satisfaction obtained by Seller pursuant to this Agreement.

9 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters.

9.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties.

3

72

UKl\:ill'IAL

9.2 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.

9.3 Notices. Any notice shall be deemed duly served it' personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows:

If to Seller:

If to County:

Bruce L. and Nancy G. Stamile c/o Martin E. Wall, Esq. POB 101 Vero Beach, FL 32961-0101

Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Louise Gates

Either party may change the information above by giving written notice of such change as provided in this paragraph.

9.4 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.

9.5 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses.

9.6. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original.

9.7. Countv Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.

9.8 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for

4

73

UKll.:il~AL

sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.

INDIAN RIVER COUNTY, FLORIDA

BOARD OF COUNTY COMMISSIONERS /l """'------~[::;7) ~ '7-l. to*

Peter D. O'Bryan, Chairman Bruce L Stamile Date


~=~ '1---{p-Jo * Nancy G. am1le Date


Deputy Clerk

gal Sufficiency: -.-.·.h.-_.·_._..:-·; -~-:-_·._.._._.. · ... '

' . . . . . . . . :.

0 ••• • •• 0

5

74

~1 ~~

~~ ••

LEGAL DESCRIPTION DRAINAGE EASEMENT

ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, Li1NG AND BEING IN A PORllON OF TRACT 13, SECTION 22, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS THE SAME IS DESIGNATED ON 1HE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS, NOW LYING AND BEifiG IN INDIAN RIVER COUNTY, FLORIDA, SAID LANDS ALSO BEING A PORTION THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 18D3, PAGE 1580 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT;

COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SEC'flON 22· THENCE BEARING SOUTH 89"38'08" EAST, ALONG THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 3so.15 FEET TO A POINT; lHENCE, lEAVING SAID SOUlH LINE, BEARING NORTI-1 00"21'52" EAST, A DISTANCE OF 130.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 606 (OSLO ROAD) (9th STREET SW), AS RECORDED IN OFFICIAL RECORDS BOOK 2258, PAGE 229 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY; SAID POINT BEING THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;

THENCE, BEARING ·NORTH OD'09'32" EAST, ALONG THE EAST LINE OF OSLO 43RD PLAT AS RECORDED IN PLAT BOOK 18, PAGE 8 OF TI-lE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, A DISTANCE OF 900.00 FEET TO A POINT;

THENCE, LEAVING SAID EAST l!NE, BEARING SOUTH 89'38'08" EAST, A DISTANCE OF 15.00 FEET TO A POINT;

THENCE, BEARING SOUl}l 00"09'32" WEST, A DISTANCE OF 900.00 FEET TO A POINT;

THENCE, BEARING NORTH B9'3B'D8" WEST, A DISTANCE OF ·15.00 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 13,500 SQUARE FEET OR 0.31 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE.

LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT

All THAT CERTAIN PiECE, PARCEL OR TRACT OF LAND SITUATE. LYING AND BEING IN A PORTION OF TRACT 13. SECTION 22, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT Of ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID LANDS ALSO BEING A PORTION THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1803, PAGE 1580 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; TO WIT;

COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 22; THENCE, BEARING SOUTH 89'38'08" EAST, ALONG THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 350.15 FEET TO A POINT; THENCE, LEAVING SAID .SOUTH LINE, BEARING NORTH DO'Z1'S2" EAST, A DISTANCE OF 130.DO FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY UNE OF COUNTY ROAD 606 (OSLO ROAD) (9th STREET SW), AS RECORDED IN OFFICIAL RECORDS BOOK 2258, PAGE 229 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY; THENCE, BEARING SOUTH 89"38'08" EAST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 15.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;

THENCE, BEARING NORTii 00"09'32" EAST,· A DISTANCE OF 900.00 FEET TO A POINT;

THENCE, BEARING NORTH 89'38'08" WEST, A DISTANCE OF 15.00 FEET TO A POINT;

THENCE, BEARING NORTH 00"09'32" EAST, ALONG THE EAST UNE OF OSLO 43RD PLAT AS RECORDED IN PLAT BOOK 18, PAGE B OF n;E PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY. A DISTANCE OF 15.00 FEET TO A POINT;

THENCE, BEARING SOUTI-1 89"38'08" EAST, A DISTANCE OF 29.95 FEET TO A POINT;

THENCE, BEARING SOUTH 00'09'32" WEST, A DISTANCE OF 948.0D FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 (OSLO ROAD); THENCE ALONG SAID NORT.'4ERLY RIGHT OF WAY THE FOLLOWING THREE (3) COURSES:

1. BEARING NORTH 89'38'08" WEST, A DISTANCE OF 10.00 FEET TO A POINT; 2. THENCE, BEARING NORTH 001)9'32" EAST, A DISTANCE OF 33.00 TO A POINT; 3. THENCE, NORTH 89"38'08" WEST, A DISTANCE OF 5.00 FEET TO TI-lE POINT OF BEGINNING.

THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 14,2BO SQUARE FEET OR 0.33 ACRES, MORE OR LESS. SUBJECT TO All EASEMENTS. CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN TI-lE CHAIN OF 11TLE

SURVEYORS NOTES 1. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A

BOUNDARY RETRACEMENT SURVEY.

ITA

THE BEARING BASE FOR THIS SURVEY IS BASED UPON THE SOUTH LINE OF SEC110N 22, TOWNSHIP 33 SOUTH, RANGE 39 EAST. SAID LINE BEARS SOUTH 89"38'08" EAST.

3. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORlED DURING REPRODUCTION PROCESSES .

7hls certifies that a legal descriptiOJ'I and sketch of the property shgwn herecm was mad~ under my supervlslan and that thfs legal descrlptkm and sketch meets t.':le minimum tt!f:hnfcal standards set forth by the Rarida Board af Pr{)(e:~siana/ Surw~ and Mappers in Chapter SJ-17, Rorfdo Aclmlnlstr<:~tivs Code. pursutmt to Section 472.027, Rarida statutes, a;1d that. this cfru.l,fniJ.I$ o true and accurate representation there to fhc bes of my knowlo"i9~ cmd belief. Subject to notes and not fo S Shown ~""""'· •

~~ 4. REFER TO THE SPECIAL PURPOSE SURVEY PREPARED BY KIMLEY-HORN AND ASSOCIATES, INC. AS RECORDED IN PLAT BOOK 22. PAGE 33 OF THE PUBLIC RECORDS IN INDIAN RIVER COUNTY, FLORIDA

!i ~~ ~~b..---~r====-~~~~~-----.--~--r----------4------------~--------------.-~~===--;;: SM.t N/A .....,..... J(lmJey-HOffi DAlE SllEET ti\JldBER

~ =~~-- llio.J-U andAssociales,lnc. 5/21/10 LEGAL DESCRIPTION OF THE 15'WIDE "' Dl!Alll liT GDU @ 2!1111-~-41(1<1< AA!I ASSO<:Um>..IHC.. PROJECT NO. DRAINAGE AND TCE EASEMENT 1 OF 2

{ e>m:t<a><>Y reo ~~~~~::?~::.!!"~\~~~~i"" 047035042 INDIAN RIVER COUNTY, FLORIDA 75

' i 1

t • l l ' I ' f 1

I • j 1

i " . t! u kj " •• "l ~j i'fl •• 'l u ~I

n d>

b~ b1

H ~~ ~; "f 'l ~-!)-•

l'f

n ~;

~~ ~~ of ~1 :t •• i' ~i

LEGEND SB9'38'0B~E

29.95'

fl_ R/W PG POB POC ORB TCE

C.R. I.R.F. W.C.D.

~ <(

ol

PROPOSED EASEMENT PROPOSED TCE

SECTION LINE PROPERrf LINE

RIGHT OF WAY liNE BASELINE RIGHT OF WAY PAGE POINT OF BEGINNING POINT OF COMMENCEMENT OFFICIAL RECORDS BOOK 1 TEMPORARY CONSTRUCllON [ EASEMENT COUNTY ROAD INDIAN RIVER FARMS WATER CONTROL DISTRICT

100.00'

w ::::. z w > <t

iljl 0 ..

"- a: 0 L') w z ....

::l

0":1 25' RESERVED

<i I -~-/--IFOR ROAD I-I PB 2/I'G 2,5

~[--,oo· I

L_

LOT3

15.00'

S89"38'08"E 15.00'

~

,~

~ !~ ~ I~

TRACT1 (STORMWATER TRACT) ~~ 1~-m

LOT2

b 2<1 p

ci r~1 § g fml

1~1 L01 1~1 ~-15' TCE

>- ~~~ :1 ~~

i ~ ! ~~ ~w< ~

'81 L_------1 lgl

w ~ ~ ~~~ <n -~"

LOT1 ~ ~m

~ 0 0 0

' 0

5 ~ g ' "' ';"

? "' ~ Q

15' ORAINAGE EASEMENT ~

~~~ ORB 1803/PG 1580

I~ P.O.B \~ TEMPORARY

CONTRUCllON I EASEMENT

NOR1HERL Y R/W UNE

N00'09'32"E 33.00' NBS'3B'os"w

- \~ 10.00' coUNTY ROAD eoo 8 \ N THERLYR/WwAYUNE

OSLO ROAD sw w uj PER ORB 2256/PG 229 s 9th STREET sw. l;;b 80'R.O.WPER

~;.;/::;~~~1~0~0';:~~'='~20n-~---------------~ g R/W PLANS SECTION #66601

I I I I

L;;==- 1 ; 0 1<1

GRAPIDC SCALE 100' ~ .- 50'

22 S89'38'0B"E 350.15' BASIS~EAR~~--' __

27 SOUlli UNE SECTIO~WNS'HiP JJ SOUlH, 'RANGE 39 EAST --,----------r P.O .•

S.W. CORNER SECllON 22, ~SHIP 33 SOUlH, RANGE 39 EAST

I

I

Jo·~-----

r.R.F.w.c.o. SU8-LAlERAL 8-7-E

~I ~ilc~~~~-=====~~~-----.~~--,---------------~~~~~~~~=---~-;~n"""~~ •. ~m;-4 '" = ,._,, 111""1-n Klmley-Hom '"' SKETCH OF THE 15' WIDE DRAINAGE 1 =•m ~ -- 1!!1..1-U andAssociales, Inc. S/Z1/10 AND TCE EASEMENT g DRAvt or G!lU @ :mB ll1lll!:'r-IIOIIH AAU AS$0CI.\'JE5. II;(;. PROJECT NO. UNTY FLORIDA ·[ "'"'

0

'""""' a;o --~~~~~~~::m' 047035042 INDIAN RIVER CO , 2 OF2 76

Public Drainages Easement Prepared by Indian River County 1801 27" Street, Vero Beach, FL 32960 Public Worl<s/ROWI/g PID #33-39-22-00001-0130-00002.0

VKl\.:dl~AL

EASEMENT

This Grant of Easement, made and executed this (,fJ.. day of JU L t1 , A.D., 2010, by Bruce L. and Nancy Stamile, whose address is c/o Martin E. Wall, Esquire POB 101, Vero Beach, FL 32961-0101, hereinafter called GRANTOR*, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTEE*,

"Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs, legal representatives, successors, and assigns.

WITNESSETH: That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE an easement for Storm~Water Drainage on, over, across, and beneath the following described land, together with the right of reasonable ingress and egress over and across the following described land as is necessary to the GRANTEE's use of the right granted herein, situate in Indian River County, Florida, to-wit:

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF

And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the premises in fee simple, and that it has good right and lawful authority to convey the easement established hereby.

IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written.

S~gned~·n the presence of:·:

S1gn:~ ~ Witness

Printe name: (A s I' n L .'e""' {J !:;{:

. i;~A 0; 1f %c S1gn: _£;~.....-----...__

1tness Printed name: :) 4 5 f,'h L ,·b (!z<tn

STATE OF FLORIDA

crc=:---' Bruce L. Stamile

COUNTY OF INDIAN RIVER ~ The foregoing instrument was acknowledged before me this £ day of , 201 0, by

Bruce L. and Nancy G. Stamile , on behalf of same, who is personally own me or produced .FJ. . ,;) .L as identification .

,,.,,, UNDA R. BOZANT Stamped Seal with Printed Na ·~~~v.zyir~ Commission # and Expiration D f!>; ,.-,!;:"',., MY COMMISSION# DD 801431

~-~q EXPIRES: June 26,2012 · . '~iff.~~· Bonded Thru Notal}' PubRc Underwriters

. -4

77

' j 1

' ' ! . ! l ' l ' i 1

i ! ' l ! ' ! '

;. { • l ~ l -" i ~ • ! ~

l " 1

" ' f J

9 l • • t d ' ~ j ~ 1

3 l " t <

i • ' f ~ I ~ i " ' " I " 0 • < • " 1 • l ~

~ f )> • 8 i ~ • •

~ • i i ~ I ~ ! • u

~

LEGAL DESCRIPTION DRAINAGE EASEMENT

ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN A PORTION OF TRACT 13, SECTlON 22, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS THE SAME IS DESlGNAlEO ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERI< OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEI~G IN INDIAN RIVER COUNTY, FLORIDA, SAID LANDS ALSO BEING A PORTION THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1803, PAGE 1580 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY. SAID· LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT;

COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTION 22; THENCE, BEARING SOUTH B9'38'08" EAST, ALONG THE SOUTH UNE OF SAID SECTION 22. A DISTANCE OF 350.15 FEET TO A POINT; lrlENCE, LEAVING SAID SOUTH LINE, BEARING NORTH 00'21'52" EAST, A DISTANCE OF 130.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 506 (OSLO ROAD) (9th STREET SW), AS RECORDED IN OFFICIAL RECORDS BOOK 2258, PAGE 229 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY; SAID POINT BEIN~ THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;

lHENCE, BEARING ·NORTH 00'09'32" EAST, ALONG THE EAST LINE OF OSLO 43RD PLAT AS RECORDED IN PLAT BOOK 1B, PAGE 8 OF lHE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY, A DISTANCE OF 900.00 FEET TO A POINT:

THENCE. LEAVING SAID EAST LINE, BEARING SOUTH 89'38'08" EAST, A DISTANCE OF 15.00 FEET TO A POINT:

THENCE, BEARING SOUTH 00'09'32" WEST, A DISTANCE OF 900.00 FEET TO A POINT;

lHENCE. BEARING NORTH 89'38'08" WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 13,500 SQUARE FEET OR 0.31 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE.

LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT

ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE. LYING AND BEING IN A PORTlON OF TRACT 13, SECTION 22, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AS THE SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA. IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, SAID LANDS ALSO BEING A PORTION THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1803, PAGE 1580 OF THE PUSUC RECORDS OF SAID INDIAN RIVER COUNTY. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO WIT;

COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID SECTlON 22; THENCE, BEARING SOUTH 89'38'08" EAST, ALONG l}IE SOUTH LINE OF SAID SECTlON 22, A DISTANCE OF 350.15 FEET TO A POINT; THENCE,. LEAVlNG SAID SOUTH LINE, BEARING NORTH 00'21'52" EAST. A DISTANCE OF 130.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF COUNTY ROAD 606 (OSLO ROAD) (9th STREET SW), AS RECORDED IN OmCIAL RECORDS BOOK 2258, PAGE 229 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY; THENCE, BEARING SOUTH 89'38'08" EAST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 15.00 FEET TO TI-lE POINT AND PLACE OF BEGINNING OF lHE HEREIN DESCRIBED PARCEL;

THENCE, BEARING NORTI-1 00'09'32" EAST, A DISTANCE OF 900.00 FEET TO- A POINT;

THENCE, BEARING NORlH 89'38'08" WEST, A DISTANCE Of 15.00 FEET TO A POINT;

THENCE. BEARING NORTH 00"09'32" EAST, ALONG THE EAST LINE OF OSLO 43RD PLAT AS RECORDED IN PLAT BOOK 18, PAGE 8 OF THE PUBLIC RECORDS OF SAID INDIAN RIVER COUNTY. A DISTANCE OF 15.00 FEET TO A POINT;

THENCE, BEARING SOUTH 89'38'08" EAST, A DISTANCE OF 29.95 FEET TO A POINT;

THENCE, BEARING SOUTH 00'09'32" WEST, A DISTANCE Of 948.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 606 (OSLO ROAD); THENCE ALONG SAID NORTHERLY RIGHT OF WAY lHE FOLLOWING THREE (3) COURSES:

1. BEARING NORTH 89'38'08" WEST, A DISTANCE OF 10.00 FEET TO A POINT; 2. THENCE, BEARING NORTH 00'09'32" EAST, A DISTANCE OF 33.00 TO A POINT; 3. THENCE, NORTH 89'38'06" WEST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 14,280 SQUARE FEET OR 0.33 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, COND\TlONS AND RES-tRICTIONS AS CONTAINED Vv'ITHIN THE CHAIN OF" TITLE

SURVEYORS NOTES 1. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A

BOUNDARY RETRACEMENT SURVEY.

2. THE BEARING BASE FOR THIS SURVEY IS BASED UPON THE SOUTH UNE OF SECTlON 22. TOWNSHIP 33 SOUlH, RANGE 39 EAST. SAID UNE BEARS SOUTH 89'38'08" EAST.

3. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES .

4. REFER TO THE SPECIAL PURPOSE SURVEY PREPARED BY KIM LEY -HORN AND ASSOCIATES, INC. AS RECORDED IN PLAT BOOK 22. PAGE 33 OF THE PUBUC RECORDS IN INDIAN RIVER COUNTY, FLORIDA

1hls cer1ffit<S that a legal de.scriptlon and sketch of the property shown hereon was mod~ under my t;uperYis/on ond that this legal description and sketch meets t~e- minimum techntcal standards set forth by the Aorida Soard of Proi'i.l::;slanal Su"""ycrs and Mappers rn Chapter 5J-17, Florida Adm/nlstroUve Code. pursuQIIt to Sccllon 472.027, Florida

st~tufe:s, ;;,"ld that-. t-his d,...,,n9- Is a true and oo;curote representation there !" yu: be;t of my knartf~o9'2 a:ld be/let. Sub~r::f to nates and

.o., ,, ... ::z:v; G;:RY ''"''f ?/it rfb I t f valid wl!hout the_ signature a.'ld !he orfgfnol raised seal of a florida lir::t!llsed surve}'Of and mf!PpC't;.

re..u: N/A JiP=1iiiii~ Kimley-Hom Do.cmlHIY ~-U and Associates, Inc. ORA 'loti rrt GOU j" @ :w10 I<"A.EY-IItRN mo o\SSOOA'IE5.. ~u:. ~"'"""' nv - .«5 Nlll smrrr. = 200, -o Do:AC>f. 1'"- ;t;!OOD

'"' 5/21/10

PROJECT NO.

LEGAL DESCRIPTION OF THE 15' WIDE DRAINAGE AND TCE EASEMENT

INnlAN RIVER COUNTY, FLORIDA

SHEET NU!.IIlfR

1 OF2

IT A

78

j

I l

l i l ' l j

! l

l ' I 1

I .. t! [! ,, "l •• •• 'I ~~ rfl Ij H •• It o> :Ii 11 :H H ~! "f ~~ L ;;.• H

!i

LEGEND

II_ R/W PG POB POC ORB TCE

C.R. LR.F.W.C.D.

';' <:

PROPOSED EASEMENT PROPOSED TCE

SECTION LINE PROPERTY LINE RIGHT OF WAY LINE

BASELINE RIGHT OF WAY PAGE POINT OF BEGINNING POINT OF COMMENCEMENT OFFICIAL RECORDS BOOK 1 TEMPORARY CONSTRUC110N 1 EASEMENT COUNTY ROAD INDIAN RIVER :=--ARMS WATER CONTROL DISTRICT

w ::> z w >

100.00'

-' <: z i3

ol < ~I

" ... 0

w z :;J

~~ a'\

0 0: <')

""

~~100' I I

>"' <: w

25' RESER\IED FOR ROAD PB 2/PG 2f5

I I

L

LOT3

15.00'

S89"38'08"E 15.00'

TRACT1 (STORMWATER TRACT)

N89"38'08"W 15.00'

SB9'38'0B"E 29.95'

HORiHERLY R/W UNE _ ~ _ / ' NB9'3B'os"w

q

"' 0 0 0 0

I 0

5 5 0 0

9 "' "' I

l7 ~ Q

ill 0 a: <( (L

N j W*E

s .:!:::2:.1!/ • ~ /1 o.oo·

C 0 UN T Y R 0 A 0 IS 0 G DRAINAGE ~ NORlH LYR/W "wA'-<"u"""'"'-0 8 L 0 R 0 AD 8 w EASEMENT _!.l.l PER ORB 2256/PG 229

N - ao' R.o. W PER :ZOO' Qth STREET BW. ~ g R/W PLANS S£C"T\DN §88601

I ·~~-----------------~ d 10~ 0. 0

~. t;;;-iE 1 GRAPHIC SCALE 100'

on

H of ~.

~ ..-- so· 2fF12 S89"3B'OB"E 350.15' BASIS~EAR~ I --

SOu'firUNE SEC1JON 22, TOYINSHlP 3350Ui'H, RANGE 39 EAST 28 27

;1 •• ,. 2" d ~~

75 DO' 1 TOv.NSHIP 33 SOUlH, J ~~~ER-SE~ll-CN-22-. - - -- --r {~::~l: 8~7--E-- -

100' R.O.WII """T,. EAST

~~bc~~~~====~~~~~---,~~--.-----------~~~~~==~~~::=---~~~;.,~~~.; .. ;-1 " ~ ,._,. ii1"'1Min!! Klmlsy-!iom '"' SKETCH OF THE 15' WIDE DRAINAGE ~ DE!IGII[D BY--~U and Associates, Inc. 5/'ll/lo AND TC.E EASEMENT ~ DIIA'IoU O.T GDU @ :ztrlO !<lii\D-1!01111 AKD ASSI;>W.'!ES,'Iiie..

5I' "'"""r:n"" ~ ...... ....,.,mJI5lR>:E'[5JJ~.2~.!D'~m~.~-~uo .. PROJEcruo. INniAN RIVFR COUNTY. FLORIDA 2 OF2 79

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

TO: Joseph A Baird, County Administrator

THROUGH: Christopher R. Mora, P.E. ~ Public Works Director CONSENT AGENDA

FROM: James D. Gray, Jr. ~ Coastal Engineer 1(9

SUBJECT: Resolution Requesting Assistance from State of Florida Beach Erosion Control Program

DATE: July 13, 2010

DESCRIPTION AND .. CONDITIONS

The State ofFlorida, Department ofEnvironmental Protection (FDEP) requires an annual resolution from local governments requesting assistance through the Beach Erosion Control Program. The Resolution does not specifY any specific dollar amount. The Resolution allows the Department to consider the County's annual budget request to be submitted August 2010.


Staff recommends approval of the attached Resolution.

ATTACHMENT

Resolution No. 2010-


FOR: July 20, 2010

Indian River Approved Date County _..--,

Administration (I t2 1, :s; 10 Budget 1 X 7 13 (0 Legal tlht'vrX. 1-!"l-1.0 Public Works ~ 7-1'1-/C Division JV& ":~-1!11to

F:\PUBLIC WORKS\JAMESG\FDEP 2011-12 LOCAL GOVERNMENT FUNDING REQUEST\MEMO AGENDA FDEP 2010 RESOLUTION JULY 20TH 2010.DOC

80

RESOLUTION NO. 2010·:..___

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REQUESTING ASSISTANCE FROM THE STATE OF FLORIDA BEACH EROSION CONTROL PROGRAM.

WHEREAS, Indian River County has experienced damage to structures and/or coastal lands by beach erosion in areas of public lands; and

WHEREAS, Indian River County has established a Beach Preservation Plan and a Beach Preservation Fund to provide strategy and funding for beach restoration activities; and

WHEREAS, the State of Florida has established a Beach Erosion Control Program for providing financial assistance for erosion control and preservation of the beaches within the State.

NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, as follows:

1. The County hereby requests State financial assistance for implementation of coastal erosion control improvements within Indian River County. 2. The County hereby designates James D. Gray, Jr., Coastal Engineer of Indian River County, as the Project Manager and Agent on behalf of the County.

THE FOREGOING RESOLUTION was offered by Commissioner ____ and seconded by Commissioner , and, being put to a vote was as follows:

Chairman, Peter D. O'Bryan Vice Chairman, Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Fhilscher Commissioner Gary C. Wheeler

The Chairman thereupon declared the resolution duly passed and adopted this ___ day of ______ ,2010.


By ____ ~~~~~-~ Deputy Clerk

Approved:


Indian River County, Florida · Board of County Commissioners

Peter D. O'Bryan, Chairman

81

JEFFREY K. BARTON Clerk of Circuit Court and Comptroller Finance Department 1801 27th Street, Building A

Vero Beach, Florida 32960

Telephone (772) 226-1 945

TO:

DATE:

SUBJECT:

FROM:


July 12, 2010

Approval of Audit Firm

Jeffrey K. Barton, Clerk of the Circuit Court • And

Diane Bernardo, Finance Director @

BACKGROUND

The auditor selection committee met on June 25, 2010 and recommended the reappointment of Harris, Catherman, Jones, Price & Associates as the outside auditing firm for the County and Constitutional Officers. The Board approved the reappointment and authorization to proceed with contract negotiation at the July 6, 2010 Board meeting.

Attached please find the contract for the audit period encompassing the fiscal years ending 2010 through 2014. This contract was written in accordance with the criteria outlined in our Request for Proposal (RFP).

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve this contract for the reappointment of Harris, Catherman, Jones, Price & Associates as the auditing firm for the next five fiscal years.

Legal

Budge\

oep\.

Risk Mgr.

rv 7/ "5/lb I

82

INDEPENDENT AUDITING SERVICES AGREEMENT

This Independent Auditing Services Agreement ("Agreement") is entered into this 20th day of July, 2010, by and between Indian River County, a political subdivision of the State of Florida, 1801 2th Street, Vero Beach, FL 32960 ("County") and Harris, Catherman, Jones, Price & Associates C.P.A.'s Chartered, a Florida corporation, having a principal place of business at 5070 N. Highway A1A, Suite 250, Vero Beach, FL 32963 ("Auditor").

BACKGROUND RECITALS

A. Pursuant to Florida Statutes section 218.391, as amended by Chapter 2005-32, effective July 1, 2005, the County issued a Request for Proposals for independent auditing services.

B. Pursua nt to applicable Florida law and the Request for Proposals, the County's dulyconstituted Auditor Selection Committee received proposals and ranked the firms that responded to the Request for Proposals based on the evaluative criteria set forth in the Request for Proposals. ·

C. The Auditor was the highest ranked respondent to the Request for Proposals and on July 6, 2010, the County approved the Auditor Selection Committee recommendation to appoint Auditor to provide the independent auditing services set forth in the Request for Proposals and this Agreement.

D. Auditor is willing and able to perform the services as set forth in this Agreement on the terms and conditions set forth below.

E. Th e County and the Auditor wish to enter into this Agreement for the independent auditing services as set forth below.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows:

1. DESCRIPTION OF COUNTY RECORDS TO BE AUDITED. The records of the County that will be audited by Auditor, pursuant to this Agreement, are as set forth in Exhibit "A" attached hereto and incorporated herein by this reference in its entirety.

2. SCOPE OF INDEPENDENT AUDITING SERVICES. The scope of independent audit services provided under this Agreement shall be in accordance with the provisions of Florida Statutes section 11.45, as may be amended from time to time, and more specifically set forth in Exhibit "B" attached hereto and incorporated herein by this reference in its entirety ("Services"). The Services are to be performed in accordance with generally accepted auditing standards in addition to the following: 1) Section 11.45, Florida Statutes; 2) Regulations of the Florida Office of Financial Regulation; 3) Rules of the Auditor General (Chapter 10.550, Local Government Entity Audits); 4) Audit and Accounting Guide- Audits of State and Local Governmental Units ("AICPA Guide"); 5) Single Audit Act; 6) Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, published by the Comptroller General of the United States; 7) U.S. Office of Management and Budget, Circular

1

83

No. A-133, Audits of States, Local Governments, and Non-Profit Organizations; and 8) General Accounting Offices (GAO) Government Auditing Standards. Auditor agrees that each audit prepared under this Agreement shall conform to the requirements set forth herein. The County is progressive in its attitude toward new accounting standards, and early implementation is practiced when recommended.

3. AUDIT RESPONSIBILITIES.

3.1. The "General Matters," consisting of pages 5 through 8 of the Auditor's Proposal for Independent Auditing Services, and "Audit Approach," consisting of pages 29 through 38, all set forth in Exhibit "C" attached hereto and incorporated herein by this reference in their entirety, set forth the framework under which the Services will be performed under this Agreement.

3.2. The County has received the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting for the 1983 through 2008 Comprehensive Annual Financial Reports ("CAFR"). The CAFR for each of the fiscal years covered by this Agreement will be submitted for consideration for such Certificate. Auditor shall provide technical assistance to help the County meet the requirements to attain such Certificate.

3.3. Auditor acknowledges and agrees that it possesses the ability to store all working papers and reports at the Auditor's expense for a minimum of five years, unless Auditor is notified by the County to extend the retention period. The Auditor will be required to make working papers available, upon request, to the following parties or their designees: the County; U.S. Department of Housing and Urban Development; General Accounting Office; parties to an audit quality review process; and auditors of entities of which the County is a recipient of grant funds. In addition, Auditor shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers.

3.4. Auditor agrees to comply with all applicable Federal, State, and local laws and regulations applicable to the furnishing of the Services set forth in this Agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference.

4. ADDITIONAL SERVICES. It is the intent of the County that future additional audit requirements, imposed on the County by applicable national and state agencies, shall be provided by the Auditor under this Agreement and included in the negotiated compensation in this Agreement. The Auditor acknowledges and agrees that any future additional audit requirements, imposed on the County by applicable national and state agencies, are included within the negotiated compensation set forth in this Agreement.

5. AUDITOR PROJECT TEAM. The Auditor shall assign members of its staff as the Auditor's Audit Team, as contained in the "Personnel Qualifications and Experience" section consisting of pages 14 through and including 15 of the Auditor's Proposal for Independent Auditing Services, attached hereto as Exhibit "D" and incorporated herein by this reference in its entirety. The Auditor agrees that the County shall have the right to approve the Auditor's Audit Team, and that the Auditor shall not change any manager of its Audit Team without prior written notice to the County. Furthermore, if any manager of the Auditor's Audit Team is removed from providing Services under this Agreement, or employment is otherwise

2

84

terminated or curtailed by the Auditor,. or if any manager of the Auditor's Audit Team terminates employment with the Auditor, then the Auditor shall promptly replace its Audit Team manager with a person of comparable experience and expertise, who shall also be subject to the County's approval. The County acknowledges and agrees that its approval shall not be unreasonably withheld.

6. COMPENSATION.

6.1 . The County shall pay to the Auditor a mutually agreed upon not-to-exceed annual professional fee of $179,850 (One Hundred and Seventy-nine Thousand Eight Hundred and Fifty Dollars) for each year of the term of this Agreement, payable as follows in each calendar year: October $40,000; November $36,000; December $40,000; January $36,000; February $9,865; and $17,985 upon completion of the audit.

6.2. Proper Invoices, phased as set forth herein, shall be submitted to the County's Finance Department in detail sufficient for proper prepayment and post payment audit. All payments for services shall be made to the Auditor by the County in accordance with the Florida Prompt Payment Act (2004), Section 218.70, Florida Statutes, et seq., attached hereto and incorporated herein by this reference in its entirety.

7. INSURANCE.

7.1 . The Auditor shall not commence to perform the Services under this Agreement until it has obtained all the insurance required under this Agreement, and such certificates of insurance have been approved by the County's Risk Manager. A certificate of insurance shall be provided to the County's Risk Manager for review and approval ten (1 0) days prior to commencement of any work under this Agreement. The insurance company must have a rating by A.M. Best Company of at least A: V. Such certificates of insurance or an endorsement provided by the Auditor must state that the County will be given thirty (30) days prior written notice prior to cancellation or material change in coverage. The County shall be named as an additional insured on all policies except workers' compensation.

7.2. Auditor shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the Auditor's fee:

7.2.1. Workers' compensation to meet statutory limits in the State of Florida and Employer's Liability with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee).

7.2.2. Commercial General Liability with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. This is to include premises/operations, products/completed operations, contractual liability and independent contractors coverage.

7.2.3. Business Auto Liability with a minimum combined single limit of $1 ,000,000 per occurrence for bodily injury and property damage. This is to include owned, hired, and nonowned autos.

3

85

7.2.4. Professional liability with a minimum limit of $1 ,000;000 per occurrence.

7.3. The County is to be an additional insured on the commercial general liability and business liability policies. The County will be given 30 days notice prior to cancellation or modification of any insurance. Such notification shall be in writing by registered mail, return receipt requested and addressed to the Risk Manager. It is the responsibility· of the contractor to insure that all subcontractors comply with all insurance requirements.

7.4. The County, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the County shall provide the Auditor with separate written notice of such adjusted limits and

.Auditor shall comply within thirty (30) days of receipt thereof. The failure by Auditor to provide such additional coverage shall constitute a default by Auditor and shall be grounds for termination of this Agreement by the County.

8. TERM: TERMINATION.

8.1. This Agreement shall remain in effect for a term of five (5) years, subject to sooner termination as provided herein. The Auditor acknowledges and agrees that the completion of the audit for the County's 2013-2014 fiscal year is specifically included with the term of this Agreement, subject to sooner termination as provided herein.

8.2. This Agreement may be terminated: (a) by the County, for any reason, upon at least ninety (90) days' prior written notice to the Auditor; or (b) by the Auditor, for any reason, upon at least ninety (90) days' prior written notice to the County; or (c) by the mutual agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released.

8.3. In the event of termination by the County, the County's sole obligation to the Auditor shall be payment for those portions of satisfactorily completed work under this Agreement. Such payment shall be determined on the basis of the hours of work performed by the Auditor, or the percentage of work complete as estimated by the Auditor and agreed upon by the County up to the time of termination. In the event of such termination, the County may, without penalty or other obligation to the Auditor, elect to employ other persons to perform the same or similar services.

8.4. The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party.

8.5. In the event that the Auditor merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the County reserves the right to terminate this Agreement in accordance with its terms.

4

86

8.6. In the event of termination of this Agreement, the Auditor agrees to provide copies of any and all documents prepared by the Auditor for the County in connection with this Agreement.

9. INDEPENDENT CONTRACTOR. It is specifically acknowledged and agreed by the parties hereto that the Auditor is and shall be, in the performance of all Services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of the County. All persons engaged in any of the Services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Auditor's sole direction, supervision, and control, The Auditor shall exercise control over the means and manner in which Auditor and its employees perform the Services, and in all respects the Auditor's relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of the Agreement and not as employees, agents, or servants of the County.

10. MERGER: MODIFICATION. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments; agreements, or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Auditor and the County.

11. GOVERNING LAW: VENUE. This Agreement, including all attachments hereto, shall be construed according to 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 County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida.

12. REMEDIES; NO WAIVER. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to do so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs.

13. SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be

5

87

affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law.

14. AVAilABILITY OF FUNDS. The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County.

15. NO PLEDGE OF CREDIT. The Auditor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.

16. PUBLIC RECORDS. The Auditor shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement.

17. NOTICES. Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below:

. County:

Auditor:

Indian River County Attn: Diane Bernardo, Finance Director, Project Manager 1801 2ih Street, Vero Beach, FL 32960-3365 Phone: (772) 226-1205; Facsimile: (772) 770-5331

Harris, Catherman, Jones, Price & Associates Attn: Robert R. Harris, Managing Director 5070 N. Highway A1A Vero Beach, FL 32963 Phone: (772) 234-8484, Facsimile: (772) 234-8488

Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section.

18. SURVIVAL. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Auditor shall survive the termination or expiration of this Agreement.

19. CONSTRUCTION. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented

6

88

by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement.

20. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument.

21. GENERAL. The Background Recitals are true and correct and form a material part of this Agreement.

IN WITNESS WHEREOF, the County and the Auditor have caused this Agreement to be executed in their respective names as of the date first set forth above.

Auditor: Harris, Catherman, Jones, Price & Associates

(sign)·~----------

Printed name:

Witness:

(sign) ----------------------

Printed name:

INDIAN RIVER COUNTY Board of County Commissioners

By __ ~~~~----------------Peter D. O'Bryan, Chairman


By ________________________ ___

Deputy Clerk

Approved by BCC: ____________ _

B J seph A. Baird

County Administrator

Approved as to form and legal sufficiency:

7

89

EXHIBIT A

Description of Indian River County and Records to be Audited

1) Indian River County encompasses approximately 497 square miles of land with an estimated population of 122,251. It is located on the east coast of Florida, approximately 135 miles north of Miami and 100 miles east-southeast of Orlando. The City of Vero Beach is the County seat.

2) For reporting purposes, the Comprehensive Annual Financial Report will include the Board of County Commissioners, the Clerk of the Circuit Court, the Property Appraiser, the Sheriff, the Supervisor of Elections, and the Tax Collector. Also included in the financial statements are two blended component units, the Solid Waste Disposal District and the Emergency Services District. In addition, the Indian River County Housing Authority is included as a discretely presented component unit.

3) Accounting records for the Board of County Commissioners, including the Solid Waste Disposal District and the Emergency Services District, are maintained by the Clerk of the Circuit Court's Finance Department. The Board's records include a general fund, 29 special revenue funds (29 reporting funds, rolled from 51 individual funds), 2 debt service funds, 2 capital projects funds, 4 enterprise funds, 3 internal service funds, 1 agency fund, an OPES Trust fund, a general fixed assets account group, and a general long-term debt account group. The FY 2009 total operating and capital budget for the Board is approximately $201.9 million. Enterprise funds are used to account for the County's Golf Course, Building Department, Water and Sewer Systems, and the Solid Waste Disposal District.

4) Accounting records for the Clerk of the Circuit Court are maintained by the Clerk's staff. The Clerk's records include a general fund, 4 special revenue funds, 8 agency funds, and a general long-term debt account group. The total FY 2009 budget for the Clerk is approximately $6.6 million.

5) Accounting records for the Property Appraiser are maintained by the Property Appraiser's staff. The Property Appraiser's records include a general fund, an agency fund, and a general long-term debt account group. The total FY 2009 budget for the Property Appraiser is approximately $3.2 million.

6) Accounting records for the Sheriff are maintained by the Sheriff's staff. The Sheriff's records include a general fund, special revenue funds, agency funds, one expendable trust fund, a general fixed assets account group, and a general long-term debt account group. The total FY 2009 budget for the Sheriff is approximately $41.1 million.

7) Accounting records for the Supervisor of Elections are maintained by the Supervisor's staff. The Supervisor's records include a general fund, a special revenue fund, and a general long-term debt account with a budget of approximately $1.3 million.

1

90

8) The Tax Collector's staff maintains accounting records for the Tax Collector. The Tax Collector's records include a general fund, agency funds, and a general long-term debt account group. The total budget for the Tax Collector is approximately $3.2 million.

9) The Indian River County Housing Authority maintains records for two projects valued at approximately $9 million. The operating expenditures of the Housing Authority are included in the Board of County Commissioners' records as a special revenue fund. The financial statements of the Housing Authority are included as a discretely presented component unit in the Government-wide Financial Statements of the Comprehensive Annual Financial Report. A separate financial report is also prepared for the Authority.

10) All accounting records are maintained on the modified accrual basis or accrual basis as appropriate.

11) Budgets are integrated with the accounting records.

12) The County has determined that the U.S. Department of Housing and Urban Development will function as the cognizant agency in accordance with provisions of the Single Audit Act and OMB Circular A-133.

2

91

EXHIBIT B

SeNices Required 1) An audit and an opinion on the basic financial statements for the County and for the Board and for each Constitutional Officer. Financial statements are to be prepared in accordance with GASB Statement 34.

2) The audit is to be done in accordance with the Rules of the Auditor General, Chapter 10.550, the Single Audit Act, OMB Circular A-133, the GAO Yellow Book, Government Auditing Standards, and the AI CPA Auditing Standards.

3) Review and recommendation for required note disclosures for the County's Comprehensive Annual Financial Report.

4) Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue the following reports for the County and each individual constitutional officer:

a. A report on the fair presentation of the financial statements in conformity with general accepted accounting principles.

b. A report on the internal control structure based on the auditors' understanding of the control structure and assessment of control risk.

c. A report on compliance with applicable laws and regulations. d. Reports on compliance with specific requirements applicable to federal

and state financial assistance programs. e. The auditor shall communicate in a letter to management any reportable

conditions found during the audit for each constitutional office. f. Other reports as required by law or other governing bodies.

5) A Component Unit Financial Report for the Indian River County Housing Authority.

6) Special Reports for the Board of County Commissioners: a. Schedule of Activity Landfill Management Escrow Account as prepared in

accordance with Rules 62-701.630(5) and 62-701.730(11), Florida Administrative Code. b. Data Collection Form to the Federal Audit Clearinghouse (SF-SAC) as required

by OMB Circular A-133. c. Review of Annual Financial Report due to Department of Financial SeNices.

7) Special Reports for the Clerk of the Circuit Court: a. Statement of County Funded Court-Related Functions as required by 29.008

Florida Statutes. b. Statement of compliance for budget and performance measures as required by

28.35 and 28.36. c. Other compliance reports as required by the State or regulatory organizations.

8) Assistance in providing guidance and implementing changes in governmental accounting standards.

1

92

EXHIBITC

Consist of 15 pages containing the PROPOSAL FOR INDEPENDENT AUDITING SERVICES.

3

93

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL 2010047

Introduction Indian River County, Florida (the "County"), is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal years ending September 30, 2010, 2011, 2012, 2013 and 2014. These audits are to be performed in accordance with generally accepted auditing standards in addition to the following:

(!) Section 11.45, Florida Statutes (2) Regulations of the Florida Department of Financial Services (3) Rules of the Florida Auditor General (Chapter 10.550, Local Government Entity Audits) ( 4) State and Local Government Audit and Accounting Guide ("the AICP A Guide") (5) Standards for Audit of Governmental Organizations, Programs, Activities, and Functions,

published by the U.S. Government Accountability Office (6) U.S. Office of Management and Budget, Circular No. A-133, Audits of States, Local

Governments, and Non-Profit Organizations (7) American Recovery and Reinvestment Ac1 of2009 (ARRA) (8) U. S. Department of Agriculture (USDA), Rural Development rules and regulations

I. General Information 1) The Audit Committee (the "Committee") is composed of the Clerk of the Circuit

Court, the Property Appraiser, the Sheriff, the Supervisor of Elections, the Tax Collector, and one member of the Board of County Commissioners (the "BOCC"), or their designee.

2) Questions regarding the Request for Proposal (RFP) are to be addressed to: Diane Bernardo Finance Director Clerk of the Circuit Court and Comptroller 1801 27th Street, Bldg A Vero Beach, FL 32960 Phone: (772) 226-1945

3) All responses to this RFP are to be addressed to: Jerry Davis Purchasing Manager Board of County Commissioners 1800 27th Street, Bldg B Vero Beach, FL 32960 Phone (772) 226-1418

4) All responses to this RFP must be received as soon as possible, but no later than 2:00PM on June 11, 2010 at the address listed in 3 above. The original and eight (8) signed copies of your proposal shall be submitted in one sealed package,

Page2

94

clearly marked on the outside "RFP #2010047 Proposal for Independent Auditing Services." Any responses received after the deadline will be returned to the proposer unopened. The County will not reimburse any costs incurred by the responding firms in preparing proposals in response to this request.

5) The Committee will recommend no fewer than three proposers to the Board of County Commissioners. The Committee reserves the right to reject any and all proposals submitted and to request additional information from the proposers. At the discretion of the Committee, firms submitting proposals will be requested to make oral presentations as part of the evaluation process.

6) The County reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the County and the firm selected.

7) Firms submitting proposals may subcontract portions of the engagement. If this is to be done, the name of the proposed subcontracting firms must be clearly identified in the proposal. Following the award of the audit contract, no additional subcontracting will be allowed without the express prior written consent of the County. Such consent may be withheld, conditioned, or denied at the sole discretion of the County.

8) Each member of the Committee will rank the proposers using a point formula by the set of criteria described in Section VIII (2). The Clerk of the Circuit Court or his designee will combine the individual scores to arrive at a score for each firm. The BOCC or their designee will negotiate a contract with one of the proposers in accordance with Section 218.391 Florida Statutes. It is anticipated that the County will enter into a five-year contract starting with the October 1, 2009, through September 30, 2010, fiscal year.

9) RFP Calendar: May 14, 2010

June 11, 2010

June 25,2010

Request for Proposal to be posted on DemandStar and advertised

Responses to RFP due by 2:00P.M.

The Committee meeting to evaluate the RFP responses. At this meeting, the Committee may request an interview and/or develop a list of firms to make oral presentations. If no interviews or presentations are requested of the firms, then the Committee shall develop a short list of three firms

Page3

95

June 30-July 2, 2010 -

July 7, 2010

July 13, 2010

August 17,2010

to recommend to the BOCC.

Meeting will be held in room A2-230 in Building A at 9:00A.M.

If requested, the Committee will listen to oral presentations and/or interview firms. Ifthe short list was not previously determined, then the Committee shall develop short list of three (3) firms to recommend to BOCC.

Meetings will be held in the room A2-230 in Building A at 9:00A.M. and 1:30 P.M.

Committee recommendations forwarded to County Administrator by 12:00 P.M. for July 13,2010 Board meeting

BOCC to receive Auditor Selection Committee recommendations and select firm to provide audit services

BOCC to approve contract for audit services

1 0) Audits for the last fourteen fiscal years were completed by Harris, Catherman, Jones, Price & Associates. The Comprehensive Annual Financial Reports for the last nine fiscal years are available on line at www.clerk.indian-river.org (click on Finance button, then CAFR PDF files).

11) The County does not have an internal audit department.

12) All requirements and conditions set forth in this RFP shall be incorporated into the contract between the County and the selected firm unless otherwise specified in the contract.

II. Description of Indian River County and Records to be Audited 1) Indian River County encompasses approximately 497 square miles of land with

an estimated population of 141,475. It is located on the east coast of Florida, approximately 135 miles north of Miami and 100 miles east-southeast of Orlando. The City ofVero Beach is the County seat.

2) For reporting purposes, the Comprehensive Annual Financial Report will include the Board of County Commissioners, the Clerk of the Circuit Court, the Property Appraiser, the Sheriff, the Supervisor of Elections, and the Tax Collector. Also included in the financial statements are two blended component units, the Solid

Page4

96

Waste Disposal District and the Emergency Services District. In addition, the Indian River County Housing Authority is included as a discretely presented component unit.

3) Accounting records for the BOCC, including the Solid Waste Disposal District and the Emergency Services District, are maintained by the Clerk of the Circuit Court's Finance Department. The BOCC's records include a general fund, 29 special revenue funds (29 reporting funds, rolled from 51 individual funds), 2 debt service funds (2 reporting funds, rolled from 3 individual funds), 2 capital projects funds, 4 enterprise funds ( 4 reporting funds, rolled from 6 individual funds), 3 internal service funds (3 reporting funds, rolled from 4 individual funds), 1 agency fund, an OPEB Trust fund, a general fixed assets account group, and a general long-term debt account group. The FY 2009 operating and capital expenditures for the BOCC totaled $201.9 million. Enterprise funds are used to account for the County's Golf Course, Building Department, Water and Sewer Systems, and the Solid Waste Disposal District.

4) · Accounting records for the Clerk of the Circuit Court are maintained by the Clerk's staff. The Clerk's records include a general fund, 4 special revenue funds, 8 agency funds, and a general long-term debt account group. The FY 2009 operating and capital expenditures for the Clerk totaled $6.6 million.

5) Accounting records for the Property Appraiser are maintained by the Property Appraiser's staff. The Property Appraiser's records include a general fund, and a general long-term debt account group. The FY 2009 operating and capital expenditures for the Property Appraiser totaled $3.2 million.

6) Accounting records for the Sheriff are maintained by the Sheriff's staff. The Sheriff's records include a general fund, special revenue funds, agency funds, a general fixed assets account group, and a general long-term debt account group. The FY 2009 operating and capital expenditures for the Sheriff totaled $41.1 million.

7) Accounting records for .th~ _Superyiflgr_oL E!~c1ions .ill"~- mmntain~ci by the Supervisor's staff. The Supervisor's records include a general fund, a special revenue fund, and a general long-term debt account group. The FY 2009 operating and capital expenditures for the Supervisor of Elections totaled $1.3 million.

8) The Tax Collector's staff maintains accounting records for the Tax Collector. The Tax Collector's records include a general fund, agency funds, and a general long-term debt account group. The FY 2009 operating and capital expenditures for the Tax Collector totaled $3.2 million.

Page 5

97

9) The Indian River County Housing Authority (IRCHA) maintains records through an outside management company for two complexes valued at approximately $9 million. While the tenant records are maintained at the complexes, the management company records are maintained out of state; however monthly reports and transaction support/documents are available via scanned images. The employees and payroll records/reports of the complexes as well as the general ledger of the complexes are maintained by the outside management company.

Grant funds of the IRCHA are processed through the BOCC records in a separate enterprise fund and will be audited in accordance with the provisions of the Single Audit Act, OMB Circular A-133, and USDA- Rural Development regulations. These grants are included in the IRCHA' s financial statements.

In addition to the two complexes' records and grant funds, the expenses of the administrative staff and operations are paid by the BOCC and recorded in a special revenue fund. This special revenue fund is also combined and is included in the financial statements of the IRCHA.

The IRCHA is presented as a discretely presented component unit in the Govermnent-wide Financial Statements of the Comprehensive Annual Financial Report. A complete separate financial report (including opinion, MD&A, financial statements, internal control, management letter, compliance reports for A-133 and federal programs, and any other required report) is prepared and reported to the IRCHA Board. The Clerk of the Circuit Court staff assists with this stand-alone report.

1 0) All accounting records are maintained on the modified accrual basis or accrual basis as appropriate.

11) Budgets are integrated with the accounting records.

12) The County has determined that the U.S. Department of Housing and Urban Development (HUD) will function as the cognizant agency in accordance with provisions of the Single Audit Act and OMB Circular A-133. The tenant files and compliance requirements of the Section 8 HUD program are maintained by the IRCHA but all financial transactions are recorded in a special revenue fund of the BOCC. Section 8 is included in the financial statements of the BOCC, not the IRCHA.

13) Indian River County has received the Govermnent Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting for the 1983 through 2008 Comprehensive Annual Financial Reports. The CAFR for each of the fiscal years covered by this RFP will be submitted for consideration for the Certificate. The selected firm will be expected to provide technical assistance to help the County meet the program's requirements.

Page 6

98

. , ..

14) Indian River County is progressive in its attitude toward new accounting standards. Early implementation is practiced when recommended.

III. Services Required I) An audit and an opinion on the basic fmancial statements for the County and for

the BOCC and each Constitutional Officer (all combined in one report), and the IRCHA (the latter for a separate report to their board members). Financial statements are to be prepared in accordance with GASB Statement 34.

2) The audit is to be done in accordance with the requirements listed in the introduction paragraph.

3) Review and make recommendation for required note disclosures for the County's Comprehensive Annual Financial Report.

4) Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue the following reports for the County and each individual constitutional officer and IRCHA: a.

b.

c. d.

e.

f.

A report on the fair presentation of the financial statements in conformity with general accepted accounting principles. A report on the internal control structure based on the auditors' understanding of the control structure and assessment of control risk . A report on compliance with applicable laws and regulations. Reports on compliance with specific requirements applicable to federal and state financial assistance programs. The auditor shall communicate in a letter to management any reportable conditions found during the audit for each constitutional office. Other reports as required by law or other governing bodies.

5) A Component Unit Financial Report for the Indian River County Housing Authority.

6) Special Reports for the BOCC: a. Schedule of Activity Landfill Management Escrow Account prepared in

accordance with Rules 62-701.630(5) and 62-701.730(11), Florida Administrative Code.

b. Data Collection Form to the Federal Audit Clearinghouse (SF-SAC) as required by OMB Circular A-133.

c. Review of Annual Financial Report due to Department of Financial Services

7) Special Reports for the Clerk of the Circuit Court: a. Statement of County Funded Court-Related Functions as required by 29.008

Florida Statutes (currently due January 31 '1) b. Statement of compliance for budget and performance measures as required by

Florida Statutes 28.35 and 28.36.

Page 7

99

c. Other compliance reports as required by the State or regulatory organizations.

8) Assistance in providing guidance and implementing changes in governmental accounting standards.

9) If the County does issue debt, for which the official statement in connection with the debt contains basic financial statements and the report of independent accounts, the firm shall be required to issue a "consent and citation of expertise" as auditor and any necessary "comfort letters" at no additional cost to the County.

1 0) Irregularities and illegal acts. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts to Clerk of the Circuit Court and County Administrator.

IV. Additional Professional Services It is the intent of the Board that future additional audit requirements, imposed on the County by applicable national and state agencies, shall be provided by the auditor and included in the negotiated fee between the County and the auditing firm.

V. Qualifications of the Auditor 1) The firm must have been established in Florida and performed continuous CPA

services for a minimum of five years.

2) The firm must be a member in good standing with the American Institute of Certified Public Accountants and the Florida Institute of Certified Public Accountants.

3) The firm should clearly indicate its expertise. Resumes should be provided for the partner and manager who would be in charge of the audit.

4) The individuals who will be primarily responsible for the audit must have 24 hours of goverrnnental accounting and auditing CPE.

5) The firm should indicate its approach to peer review and provide a report of the most recent peer review. The firm should indicate whether that peer review included a review oflocal goverrnnent client activities.

6) The firm should indicate any disciplinary actions that have been instituted or proposed against the firm during the last three years.

7) The firm should describe the results of any state or federal reviews during the past three years of the firm's goverrnnental client audit work.

Page 8

100

8) Ability to adequately store all working papers and reports at the auditor's expense for a minimum of five years, unless the firm is notified by the County to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees: the County, U.S. Department of Housing and Urban Development, U.S. Govermnent Accountability Office, USDA-Rural Development, parties to an audit quality review process, and auditors of entities of which the County is a recipient of grant funds. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers.

VI. Information to be Included in the Proposal 1) Title page showing the RFP subject, the name of the firm, address, telephone

number, the name of the contact person, and the date.

2) A table of contents providing a clear identification of the material by section and by page number.

3) A statement setting forth the proposer's understanding of the work to be done and a positive commitment to perform the work within the specified time period.

4) A statement as to whether the firm is local, regional, or national.

5) The location of the office from which the work is to be done and the number of personnel in that office who would be working on the audit.

6) An identification of the partners, managers and supervisors who will work on the audit, including staff from other than the local office if necessary for this audit. Resumes for each managerial and supervisory person to be assigned to the audit should be submitted and include the following information:

a. Formal education and licensed to practice in Florida b. Supplemental education relative to governmental accounting and

auditing c. Experience in public accounting in general d. Experience in private business or government e. Experience in auditing governmental units f. Membership in various national and state governmental accounting

boards, committees, or associations (past and present) g. Professional recognition, such as Certified Public Accounting

licenses, awards, etc.

7) A description of your office's experience in preparing governmental financial statements and in providing assistance in obtaining the Certificate of Achievement.

Page 9

1 01

8) A listing of Florida counties and municipalities for which your firm is providing or has provided audit services.

9) The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in Section III of this request for proposal.

Proposers will be required to provide the following information on their audit approach:

a. Proposed segmentation of the engagement b. Level of staff and number of hours to be assigned to each proposed

segment of the engagement c. Sample size and the extent to which statistical sampling is to be

used in the engagement d. Extent of use ofEDP software in the engagement e. Type and extent of analytical procedures to be used in the

engagement f. Approach to be taken to gain and document an understanding of

the internal control structure g. Approach to be taken in determining laws and regulations that will

be subject to audit test work h. Approach to be taken in drawing audit samples for purposes of

tests of compliance

1 0) Supplemental information demonstrating financial stability, such as audited financial statements or tax returns, for the previous three years.

11) Compensation, outlining number of hours and hourly rate per professional staff position. Fees shall be listed for each fiscal year.

12) Proposals must include completed Sworn Statement on Disclosure of Relationships appearing at the end of this document.

13) Include a copy of your certificate of insurance with your proposal.

VII. Comprehensive Annual Financial Report 1) Calendar

August 18, 2010 Contract signed with proposer

September 2010

September 30,2010

Interim audit procedures

Fiscal year end for Indian River County and IRCHA

Page 10

102

October 29,2010

November 15,2010

December 28, 2010

January 14, 2011

February 15, 2011

February 22,2011

February 28, 2011

March 7, 2011

March 14, 2011

March 14, 2011

2) Support

Operating account reports due from the Clerk of the Circuit Court, the Property Appraiser, the Sheriff, the Supervisor of Elections and the Tax Collector

Close books of Board of County Commissioners

IRCHA audit to be completed, unless DCA approves extension to file audit reports

Completion of field work related to the Constitutional Officers

Preliminary management comments and recommendations delivered to Board and Constitutional Officers

Written management comments delivered to Board and Constitutional Officers

Draft of CAFR prepared by Finance Department

Completion of audit and all required audit letters provided for inclusion in the CAFR

CAFR submitted to printer by Finance Dept.

Special reports listed in Section III ( 6) and (7)

a. Staff will perform the year-end closing of the books. b. Staff will prepare all the financial statements, the introductory

section and the statistical section. c. Staff will prepare work schedules and related materials as

requested by the selected firm. d. Staff will provide paid invoices, copies of canceled checks and

other supportive documentation as requested by the firm.

VIII. Evaluation Procedures 1) The Committee will review all responses and score individually using the criteria

listed below. Firms meeting the mandatory criteria will have their proposals evaluated and scored.

Page 11

103

2) The responses will be evaluated using two sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored on technical qualifications as well as fees. The following represent the principal criteria that will be considered during the evaluation process.

Mandatory Elements a. The audit firm is independent and licensed to practice in Florida. b. The firm has no conflict of interest with regard to any other work

performed by the firm for Indian River County and IRCHA. c. The firm adheres to the instructions in this request for proposal on

preparing and submitting the proposal. d. The firm submits a copy of its last external quality control review

report and the firm has a record of quality audit work.

Technical Quality a. General Government audit experience b. Qualifications of individuals assigned to audit c. Familiarity with Certificate of Achievement in

Financial Reporting Program d. Size and organization structure of firm e. Demonstrated understanding ofindian River

County's requirements f. Audit approach

Compensation

Point Range 0-20 0-20

0-5 0- 15

0-10 0-25

a. Audit fees total (over 5 year period) 0 - 5 Total Points 100

IX. 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 awarded 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

Page 12

104

antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

X. Insurance Requirements (Include a copy of your certificate of insurance with your proposal). ·

The Firm and Subcontractors Insurance: The firm shall not commence work until it has obtained all the insurance required under this section, and until such insurance has been approved by the County, nor shall the firm allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a firm herein and such insurance has been approved unless the subcontractor's work is covered by the protection afforded by the firm's insurance.

Worker's Compensation Insurance: The firm shall procure and maintain worker's compensation insurance to the extent required by law for all his 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 firm shall provide adequate coverage for the protection of such employees.

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

Commercial General: $1,000,000.00 combined liability single limit for (other than automobile) bodily injury and property damage.

Premises I Operations Independent Contractors Products I Completed Operations Personal Injury Contractual Liability Explosion, Collapses, and Underground Property Damage

Commercial Automobile: $1,000,000.00 combined and damage liability single limit for bodily injury and property damage.

Owned I Leased Automobiles Non-Owned Automobiles Hired Automobiles

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

Page 13

105

XI. Sworn Statement: To be returned with proposal.

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

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

I. This sworn statement MUST be submitted with Bid, Proposal. RFP # 20 I 004 7

for INDEPENDENT AUDITING SERVICES

2. This sworn statement is submitted by:--------------------

(Name of entity submitting Statement)

whose business address is:

3. My name is-----,.----,----..,.,--,----,-,--o--:--------------(Please print name of individual signing)

and my relationship to the entity named above is-----------------

4. I understand that an "affiliate" as defmed in Section 105.08, Indian River County Code, means:

The term "affiliate" includes those officers, directors, executives, partners, 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, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brotherin-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.]

___ 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.

Page 14

106

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

Name of Affiliate or entity

Name of County Commissioner or employee

STATE OF _________________ ___

COUNTY OF _________________ __

Relationship

(Signature)

(Date)

The foregoing instrument was acknowledged before me this __ day of ______ , 20_, by _

_____________ ,who is personally known to me or who has produced ____ __

-------------as identification.

NOTARY PUBLIC

SIGN:----------------------

PRINT: _____________________ _

Notary Public, State at large My Commission Expires:

(Seal)

QUESTIONS OR INQUIRES REGARDING THE MEANING OR INTERPRETATION OF ANY OF THE PROVISIONS OF TIDS RFP MUST BE DIRECTED TO DIANE BERNARDO. FINANCE DIRECTOR. CONTACT WITH PERSONNEL OF INDIAN RIVER COUNTY. OTHER THAN DIANE BERNARDO, FOR PURPOSES OF INQUIRIES REGARDING MEANING OR INTERPRETATION SHALL BE GROUNDS FOR ELIMINATION. THE COUNTY SHALL NOT BE RESPONSIBLE FOR ANY REPRESENTATIONS MADE BY ANYONE OTHER THAN DIANE BERNARDO.

Page 15

107

To:

Indian River County Interoffice Memorandum

Office of Management & Budget


CONSENT

From: Jason E. Brown Director, Office of Management

Date: July 13, 2010

Subject: Miscellaneous Budget Amendment 015

Description and Conditions

The attached budget amendment appropriates funding necessary for the following:

1. On July 6, 2010, the Board of County Commissioners approved mowing of the Vista Gardens golf course to alleviate the potential of any fire hazards that may occur due to overgrown weeds. The attached entry appropriates funding in the amount of $850 from M.S.T.U. Fund Contingency.

2. The State Health Department & New Horizons have both received substantial reductions in state funding over the last few years. In addition, the County has reduced funding to these two agencies in order to meet budget constraints. Both agencies have indicated that these cumulative cuts will substantially impact services they provide to our citizens. Therefore, staff is recommending a supplemental allocation for the current fiscal year in the amount of $33,703 for New Horizons and $64,451 for the State Health Department.

3. The County has received donations in the amount of $27,000 to purchase shade structures for use at the Gifford Aquatics Center. The attached entry appropriates funding for this expenditure.

4. Sick incentive costs have been higher than anticipated in some departments. The attached entry appropriates funding from the General Fund/Reserve for Contingency $710, Impact Fee Fund/Cash Forward Oct 1st $2,490, 911 Surcharge Fund/Cash Forward Oct 1st $1,214, SWDD/Cash Forward Oct 1st $8,289, Utilities Fund/Cash Forward Oct 1st $13,025, and Self Insurance Fund/Cash Forward Oct 1st $1,486.

5. The Florida Department of Labor has invoiced the County for unemployment compensation in various departments for the quarter ending 6/30/10. The attached entry appropriates funding unemployment compensation from General Fund/Reserve for Contingency in the amount of $4,722, MSTU Fund/Reserve for Contingency in the amount $10,351, Transportation Funds/Reserve for Contingency in the amount of $4,675, Additional Impact Fees, Cash Forward-Oct 1st in the amount of $550, Secondary Roads, Cash Forward-Oct 1st in the amount of $1,375, Tourist Development, Cash Forward-Oct 1st in the amount of$ 1,511 and Building Department, Cash Forward- Oct 1st in the amount of$ 6,212.

108

Board of County Commissioners July 20, 2010 Page 2 of 2

6. A backup server is needed in the Supervisor of Elections Office to provide crucial backup to prevent system failure. In addition, a security system is also needed for surveillance in the Supervisor of Elections meeting room. The attached entry appropriates funding from General Fund contingency in the amount of $15,000.

7. The Clerk of the Court is in need of a server. The attached entry appropriates funding from General Fund contingency in the amount of $20,000.

8. The Community Transportation Coordinator is in receipt of various grants including the Older American Act Grant in the amount of $344,813, the Community Care for the Elderly Grant in the amount of $387,277, and the Alzheimer's Disease Initiative Grant in the amount of $67,533. The attached entry appropriates funding for the grant matches in the amount of $79,963.

Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2009/201 0 budget.

Attachments Budget Resolution

APPROVED AGENDA ITEM:

County Administrator

FOR: July 20, 2010

Indian River Countv

Administrator

Legal

Budget

Department

Risk Management

Ao»<<ved Date

!Cd 7 )ls)Jo .m ~ f -fS'JO

( ~ 7(15{10 .)

109

RESOLUTION NO. 2010-__

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2009-2010 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2009-2010 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and

WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2009-2010 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 2009-2010 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 Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler

The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2010.


By __ ~-~~~-Deputy Clerk

F:\BudgetVason\budget amendments 2009201 0\budget amendment resolution.doc

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By_=---~-----Peter D. O'Bryan, Chairman

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

BY c:;:;e _j_ (2 .c-.. ;::::>

COUNTY ATTORNEY

11 0

Resolution No. 2010- ~A'~ Budget Office Approval: Budget Amendment: 015

Jason E. ~rown,jBudget Director J .

Entry Fund/ Departm~ccount Name Account Number Increase Decrease

Number

1. Expense

M.S.T.U. Fund/Environmental Planning/Other 00420724-033190 $850 $0 Professional SerVices

M.S.T.U. Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $850

2. Expense

General Fund/Health/New Horizons 00110663-088530 $33,703 $0

General Fund/Health/State Health Department 00110669-088190 $64,451 $0

General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $98,154

3. Revenue

M.ST.U. Fund/Donations/Gifford Aquatics Center 004038-366108 $27,000 $0

Expense

M.S.T.U. Fund/Gifford Aquatics Center/Other 0041 0572-066390 $0 $27,000 .

Improvements Except Building

4. Revenues

Impact Fees/Non-Revenue/Cash Forward Oct 1st 1 03039-389040 $2,490 $0

911 Surcharge/Non-Revenue/Cash Forward Oct 1st 120039-389040 $1,214 $0

SWDD/Non-Revenue/Cash Forward Oct 1st 411 039-389040 $8,289 $0

Utilities/Non-Revenue/Cash Forward Oct 1st 471039-389040 $13,025 $0

Self Insurance/Non-Revenue/Cash Forward Oct 1st 502039-389040 $1,486 $0

Expense

General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $710

General FundiBCC/Special Pay 00110111-011150 $600 $0

General Fund/BCC/Social Security 00111914-012110 $37 $0

General Fund/BCC/Retirement 00111914-012120 $65 $0

General Fund/BCC!Medicare 00111914-012170 $9 $0 .

Impact Fees/Planning/Special Pay 10320415-011150 $2,103 $0

Impact Fees/Planning/Social Security 10320415-012110 $130 $0

Impact. Fees/Planning/Retirement 10320415-012120 $226 $0

111

Exhibit "A" Resolution No. 2010- ~C-~ Budget Office Approval: Budget Amendment: 015

Jason ~ . Bro'j', Budget Dire~

Impact Fees/Pianning/~care 10320415-012170 $30 $0

911 Surcharge/Communication Center/Special Pay 12013325-011150 $1,025 $0

912 Surcharge/Communication Center/Social 12013325-012110 $64 $0

Security

913 SUrcharge/Communication Center/Retirement 12013325-012120 $110 $0

914 Surcharge/Communication Center/Medicare 12013325-012170 $15 $0

SWDD/Recycling/Special Pay 41125534-011150 $7,000 $0

SWDD/Recycling/Social Security 41125534-012110 $434 $0.

SWDD/Recycling/Retirement 41125534-012120 $753 $0

SWOD1Recycling/Medicare 41125534-01.2170 $102 $0

Utilities!Water Distribution/Special Pay 47126936-011150 $11,000 $0

UtilitiesNVater Distribution/Social Security 47126936-012110 $682 $0

UtilitiesNVater Distribution/Retirement 47126936-012120 $1,184 $0

Utilities/Water Distribution/Medicare 47126936-012170 $160 $0

Self Insurance/Risk Management/Special Pay 50224613-011150 $1,255 $0

Self Insurance/Risk Management/Social Security 50224613-012110 $78 $0

Self Insurance/Risk Management/Retirement 50224613-012120 $135 $0

Self Insurance/Risk Management/Medicare 50224613-012170 $18 $0

5. Revenue

Additional Impact Fees/Non-Revenue/Cash Forward 103039-389040 $550 $0

Oct 1st

Secondary Roads/Non-Revenue/Cash Forward Oct 1 09039-389040 $1,375 $0

1st

Tourist Development/Non-Revenue/Cash Forward 119039-389040 $1,511 $0

Oct 1st

Building Department/Building Department/Non-441 039-389040 $6,212 $0

Revenue/Cash Forward Oct 1st

Expense

General Fund/Main Library/Unemployment Camp. 00110971-012150 $754 $0

General Fund/Parks/Unemployment Camp. 00121072-012150 $275 $0 .

General Fund/Youth Guidance/Unemployment 00121332-012150 $275 $0 Camp.

112

Resolution No. 2010- ~c1'i~ Budget Office Approval: Budget Amendment: 015

Jason E. ~rown, ~udget Director

General Fund/Facilities Wunemployment Camp. 00122019-012150 $1,650 $0

General Fund/Mailroom/Unemployment Camp. 00125119-012150 $1,768 $0


MSTU/North County Aquatics 00410472-012150 $1,450 $0

Center/Unemployment Camp.

MSTU/Gifford Aquatics Center/Unemployment 00410572-012150 $1,349 $0

Camp.

MSTU/Recreation/Unemployment Comp. 00410872-012150 $1,925 $0

MSTU/Ocean Rescue/Unemployment Comp. 00411672-012150 $2,932 $0

MSTU/Code Enforcement/Unemployment Camp. 00420724-012150 $2,695 $0

MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $10,351

Additional Impact Fees/Planning/Unemployment 10320415-012150 $550 $0

Camp.

Secondary Roads/Real Estate Acqusition/ 10924741-012150 $1,375 $0

Unemploymnet Camp.

Transportation Funds/Non Revenue/Reserve for 11119981-099910 $0 $4,675

Contingency

Transportation Funds/County Engineering/ 11124441-012150 $4,675 $0

Unemployment Camp.

Tourist Development/Dodgertown/Unemployment 11916275-012150 $1 ,511 $0

Camp.

Building Department/Building Department/ 44123324-012150 $6,212 $0

Unemployment Camp.

6. Expense

General Fund/Supervisor of Elections/Budget 00170086-099110 $15,000 $0

Transfer


7. Expense

General Fund/Clerk of Court/Budget Transfer 00130086-099110 $20,000 $0


8. Expense

General Fund/Agencies/Community Transportation 00111 041-088230 $79,963 $0

Coordinator


113



Robert M. Keating, AICP Community Development Director

THROUGH: Stan Boli~CP Planning Director

FROM: John McCoy, AICP:'(\4 '1\1\ Senior Planner, Current Development

DATE: July 6, 2010

PUBIC HEARING SPECIAL EXCEPTION USE

(QUASI-JUDICIAL)

SUBJECT: Indian River County's Request for Special Exception Use Approval to Rebuild the Oslo Convenience Center/Transfer Station [2008090047- 64542/ SP-SE-10-01-02]

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 20, 2010.

DESCRIPTION & CONDITIONS

Camp Dresser & McKee, Inc., on behalf of Indian River County, has submitted an application for major site plan and special exception use approval to rebuild the Oslo Convenience Center/Transfer Station. The site is located just west of Old Dixie Highway on the south side of 1 ''Place (just south of the South Relief Canal). The proposed facility will be located just west of the existing facility, which will be removed. The site is zoned RS-6, Residential Single-Family (up to 6 units/acre), and has an L-2, Low Density 2, land use designation. In residential districts, public and private limited utilities, such as th~J convenience center, are special exception uses requiring approval by the Board of County Commissioners.

According to the county's land development regulations, project applications involving an expansion of an existing or approved special exception use by more than 10% of the original or approved project intensity require special exception use approval via the public hearing process. In this case, the existing convenience center has been in its current location for a significant period of time and needs to be totally replaced. Since the facility will be totally replaced on an adjacent area that is not presently approved for a transfer station, special exception use approval is required. In addition to the proposed "on-site" relocation, the proposed expansion involves a building area expansion exceeding 10%. The special exception process is also required for the proposed building area increase.

F:\Community Development\Users\CurDev\BCC\201 0 BCC\Oslo Convenience Ctr BCC report.rtf

Planning and Zoning Commission Action:

At its regular meeting of IW1e 24, 2010, the Plarrning & Zoning Commission voted 5-0 to recommend approval of the special exception use request with the conditions recommended by staff, which are listed at the end of this report.

The Board of County Commissioners is now to consider the special exception use request, and is to approve, approve with conditions, or deny the use request.

ANALYSIS

1. Size of Development:

2. Zoning Classification:

3. Land Use Designation:

4. Building Area:

Overall, county-owned site: 11.75 acres Project area: 7.11 acres

RS-6, Residential Single-Family (up to 6 units/acre)

L-2, Low Density Residential (up to 6 units/acre)

Proposed: 1,413 square feet

5. Phasing: The existing facility will continue to operate during construction. Once the proposed facility is completed and operational, the existing old facility will be removed.

6. Impervious Area:

7. Open Space:

Existing Proposed

Required: Proposed:

27,850 square feet (to be removed) 80,684 square feet (upon project completion)

40.0% 61.08%

8. Traffic Circulation: Presently, access to the existing transfer station is off Old Dixie Highway via 1" Place, a partially paved local road that fllilS along the south side of the South Relief Canal. The proposed transfer station will be located slightly west of the existing facility, and will be accessed by a westward extension of the 1 ''Place SW pavement. The proposed facility will have 3 two-way driveways connecting to the 1 '' Place paved extension. The multiple driveways are needed for operational aspects of the facility. The project's traffic circulation plan and roadway design have been reviewed and approved by the CoWlty's Traffic Engineering Division.

9.

Since the facility is a replacement facility, a traffic impact statement was not required. Furthermore, no off-site traffic improvements are required or proposed.

Off-Street Parking: Required: 5 spaces Provided: 5 spaces ( 4 standard and 1 handicapped)

10. Dedications and Improvements: None are proposed or required.

F:\Community Development\Users\CurDev\BCC\20 10 BCC\Oslo Convenience Ctr BCC report. rtf

11. Stormwater Management: A single dry stormwater management area is proposed on the east side of the site. The preliminary stormwater management plan has been reviewed and approved by the Public Works Department. Pursuant to Chapter 930 of the LDRs, a County Type "A" Stormwater Permit will be required prior to site plan release.

12. Utilities: The proposed development will be served by the County Utility Services Department for potable water and sewer services. Connection to public water and sewer services has been approved by the Utility Services Department and the Department of Health.

13. Surrounding Land Use and Zoning: North: I st Place, South Relief Canal, Single-Farnily/RS-6 East: Existing Facility, Electrical Substation, Single-Farnily/RS-6 South: Vacant (county owned old landfill)/RS-6 West: Radio Transmission Tower (county owned old Landfill)/ A-I

14. Landscape Plan: The proposed landscape plan satisfies the requirements ofLDR Chapter 926 for perimeter, interior, roadway, and non-vehicular open space landscaping areas. Type "C" buffers with 6' opaque features will be provided along the site's north and south property lines and along the north portion of the east property line. A Type "B" buffer with 6' opaque feature will be provided along the southern portion of the east property line between the new facility and an adjacent single family subdivision. The buffers must be completed prior to the issuance of a certificate of occupancy (C.O.).

15. Specific Land Use Criteria for Public and Private Utilities (Limited): Pursuant to LDR section 971.44(3), the following criteria apply to the proposed special exception use:

I. See Chapter 90 I for definition of utilities, public and private--limited;

Note: Convenience Center/Transfer Stations, such as this facility, are considered to be limited utilities.

2. Between all above-ground facilities (except distribution and collection facilities) and adjacent property having a residential land use designation a Type "B" buffer (reduce to Type "C" where abutting a local or thoroughfare plan roadway) with six-foot opaque screening as specified in Chapter 926, Landscaping, shall be provided;

Note: Type "C" and Type "B" buffers and opaque features will be provided as described above. These improvements will satisfy the 971.44(3)2 buffer requirements.

3. All below-ground high voltage cables within a utility right-of-way shall be made known to the public through the use of signs posted therein;

Note: This criterion is not applicable to the Oslo Convenience Center.

4. In all zoning districts except the industrial districts, all equipment, machinery and facilities which cannot by their size or nature be located within an enclosed building shall be separated from adjacent properties having a residential land use designation by a Type C" buffer (with six-foot opaque screening) as specified in Chapter 926, Landscaping;

Note: The Type "C" and Type "B" buffer improvements and opaque features are being provided at the appropriate locations, as described above.

F:\Community Development\Users\CurDev\BCC\2010 BCC\Oslo Convenience Ctr BCC report.rtf

5. Driveways located in close proximity to adjacent properties having a residential/and use designation shall provide a six-foot opaque screening between the driveway and adjacent property. An eight-foot opaque screen may be required if deemed necessary to mitigate noise and visual impacts;

Note: The required opaque screening is proposed between the 1st Place paved extension and the proposed fucility.

Staff has determined, based on its analysis, that the proposed use is consistent with applicable comprehensive plan policies and zoning requirements, and all specific land use criteria for the proposed limited public utility are satisfied. Based upon the project design, staff finds that the project is compatible with surrounding properties and that potential adverse impacts are adequately addressed.

RECOMMENDATION

Based on the above analysis, staff recommends that the Board of County Commissioners find that in conjunction with the recommended conditions:

I. It is empowered under the provisions of Chapter 971 to review the special exception applied for;

2. The granting of the special exception will not adversely affect the public interest;

3. The application satisfies the general and specific criteria required for special exception approval; and

4. The conditions stated below are adequate to ensure compatibility between the special exception use and surrounding land uses.

Staff further recommends that the Board of County Commissioners grant special exception use approval for the Oslo Convenience Center replacement with the following condition:

1. Prior to issuance of a certificate of occupancy (C.O.), all required landscape buffers and opaque features shall be installed.

Attachments: APPROVED AGENDA ITEM:

I. Application 2. Location Map 3. June 24, 2010 PZC Minutes 4. Site Plan 5. Landscape Plan 6. Aerial Admin.

Legal

Budget

Dept.

RiskMgr.

F:\Community Development\Users\CurDev\BCC\2010 BCC\Oslo Convenience Ctr BCC report.rtf

( (

•DOES THE REQUEST INCLUDE A CONCEPTUAL PLAN ONLY OR A CONCEPTUAL AND "FINAL" SITE PLAN?: Final Site Plan

--~~~~----------------

•AMOUNT OF NEW IMPERVIOUS SURFACE: (SO.FT.).

•SITE ADDRESS: 950 1st Place Vero Beach FL 32962 .

•SITE TAX ID#(S): 333913ooooo5oooooo4t.o

•IS ALL OR A PORTION OF PROffiCT IN ENVIRONMENTALLY SENSITIVE AREA AS DESIGNATED IN THE COMPREHENSIVE PLAN OR ADDRESSED IN A PRE-APP CONFERENCE? YES .f NO

•FLOODZONE __ ~x~-------------

•TOTAL (GROSS) ACREAGE OF P ARCEL: __ _,t-"1.'-'75'-------------------

•AREA OF DEVELOPMENT (NET) ACREAGE: 7.11 Acres

•PROPOSED CHANGES TO EXISTING DEVELOPMENT (IF APPLICABLE): A. NUMBER OF UNITS: FROM N/A TO Nt B. DENSITY FROM N/A UNITS PER ACRE TO N/A---'>m-~UNI=T=:S""'P"'E=R::-A-:-:=C=RE

•CHANGE IN USES BY SQUARE FEET GROSS BUILDING AREA

USE: FROM. _ _,o,__ __ --'SQ.FT. OF ------------------(,USE)

T0. ____ .:..1.4::.;1c:::3 ________ SQ. FT. OF Office/Restroom (USE)

COMMENTS: The existing Convenience Center is being replaced with a a new Convenience Center. The new center incudes a small office and restroom.

FOR OFFICE USE ONLY DATE RECEIVED: __ ; __ / ___ _

DATE APPLICATION COMPLETE: ____ / ____ / ___ _

REVIEWING PLANNER: ____________ _

F:\Community Development\Users\CurDev\APPS\spse packetdoc Revised September 2007 13 of 14

(

ATTACHMENT 1 ~

PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (P&Z) on Thursday, June 24, 2010 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 271

h

Street, Vero Beach, Florida. You may hear an audio recording of the meeting; review the meeting agenda, backup material and the minutes on Indian River County website www.ircgov.com/Boards/PZC/2010.

Present were members: Chairman Greg Smith, District 4 Appointee; Sam Zimmerman, District 2 Appointee; Jens Tripson, District 3 Appointee; Pilar Turner, District 5 Appointee; Dr. David Cox, Member-atLarge; and Carol Johnson, non-voting School Board Liaison.

Absent were Donna Keys, District 1 Appointee and George Hamner, Member-at-Large (both excused).

Also present was IRC staff: Melissa Anderson, Assistant County Attorney; Bob Keating, Community Development Director; Stan Boling, Planning Director; John McCoy, Senior Planner; and Reta Smith, Recording Secretary.

Call to Order and Pledge of Allegiance (5:55:57)

Chairman Smith called the meeting to order and led all in the Pledge of Allegiance. He welcomed Assistant County Attorney Melissa Anderson, as the new Attorney for the P&Z.

Approval of Minutes (5:56:41)

ON MOTION BY Dr. Cox, SECONDED BY Ms. Turner, the members voted unanimously {5-0) to approve the minutes of the meeting of May 13, 2010, as presented.

Public Hearing (5:56:55)

Chairman Smith read the following into the record:

A. Oslo Convenience Center: Indian River County's request for special exception use approval to rebuild the Oslo Convenience/Transfer Station. Located just west of Old Dixie

PZC/Approved 1 June 24, 2010 F:/BCC/AII Committees/P&Z/201 0 Agenda & Minutes/PZC06.24.1 O.doc

tlTACHMEftT ~ Q

Highway on the south side of 1st Place Oust south of the South Relief Canal). Zoning District: RS-6, Residential Single-Family (up to 6 units/acre). Land Use Designation: L-2, Low Density Residential (up to 6 units/acre). [2008090047 -64542/ SP-SE-1 0-01-02] [Quasi-Judicial]

The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on any quasi-judicial items.

Mr. John McCoy, IRC Senior Planner, reviewed information contained in his memorandum dated June 4, 2010, which is on file in the Commission office.

Mr. Tripson wondered if there would be more people using the facility because of the expansion.

Mr. Himanshu Mehta, Managing Director, IRC Solid Waste Disposal District (6:04:19), related trailers would be used instead of the present rolloff system, and the trailers would be able to accommodate much more garbage and yard waste. He explained there would be a complete loop on one side for individuals dropping off garbage while residents dropping off yard waste could bypass them and go around to the other side to dispose of their material, and there would be a drop-off site for recyclables in the center of the facility.

Mr. Mehta acknowledged this was one of the busiest of the County's convenience centers and he anticipated the public would be accommodated more efficiently by the larger facility with the trailers.

Dr. Cox (6:05:48) asked if the Type "C" buffer by the entrance road would be adequate. Mr. Mehta responded there was existing vegetation, and in addition to the buffer he was confident the screening would be sufficient.

Chairman Smith opened the public hearing at 7:10 p.m. and since no one wished to speak, the public hearing was closed.

6:06:47 ON MOTION BY Mr. Tripson, SECONDED BY Mr. Zimmerman, the members voted unanimously (5-0) to approve staff's recommendation.

PZC/Approved 2 June 24, 2010 F:/BCC/AII Committees/P&Z/201 0 Agenda & Minutes/PZC06.24.1 O.doc

MTACHMEIITl 2i

\ \ \ \ \ \

\

\ \

\ \

\

\ \

\ \ \ >'

-\\ \ \

-=--z-=

\

0 \

\ \ \ \ \ \

' -' .

0

--, I I I

I

I I

il "I V): I --1

wll ~I

z: /t-~ --LJJI 1_.- •••

>Ill <I I

I I

1-: I :~- ~= ~I ' .-1/ L I<I:L ' I (

• I I

! ! 1. ________ 1!!~-~-=jl

' ' ~\ I \\

'' ' '' ! '' h \\

'\ \

\ ' ' .b. L~~~~~i__'l,\'-~1ii:_:"'===-··--=~·~· ... ~~ ~ ... '"~~~;.:o""-""'·,.;,=:;,.::::~~-ift'ACHMENI 2 "C I ' I

i i i

*li i i i i i

! i

;r! !JJ ~~ i

! j ! 4i

i

"">D'H-OUII: 'II<""

l

' ' '

~f

\ \ \

\; '' \ ·, 'C. I . ' .,.. \ \\ ~ \ ' hI

' " __I'. •

' ',\ ' \\ \1

''

\

\ ~ \ '.. ~ \ ' \ \' 0 '• \ \ l- \ \ ': \

''

\' '\ \'

'· ·,

'·.

'

I -=-N-= .~.~,~·=c=c~.=-,--i: I I I I

I ~ I ' I I 8 : \ \, _11

_ -· .. - s_:H _A~~:__ sw

c I!

i i i i. j: i.

I TAB£/iWAClE B4PllST Ch'l/HCII /Nt: I ~ I<>-----~--.....:._---=---=-:..---------------

1

lti ,I,- .. .----.-,.--,---, I I - '! l 1

I I ~ :I : ( j j --- 1 ,- -

I 'I ~----·-6] I 1 [j I ' : lOT! I I LOT

I ~ ' r .. I l

I - ··- I I ~ I c..L L ~ _j I I --': I ,..,..,~, ~ ' I I ~--- I I \ [: I • \ ~ r:~ • l ' • ' ' L nn_J Ln_n . . .- I - ------- -------

+ ll!l!i!l+--------~~~:=~----(D~ STORI.IWA'JER t.'AN!\GEUOO

~~\// ..

\

'' ''

! ~I i! _.. .... .,,. ... , .. ";I; ,... """' L-0021S :Ill i!i ! INDIAN RIVER COlkm', FLORIDA LANDSCAPE PLAN »<m "'·

n II osLo cusTOMER coNvENIENcE cENTER L-2

:C,;§Fit\'."'""-oteo """""" TO I: '' ~ rri

!i ~

!".:)

~

,.; a " ~ 0 0 ~

~ a_

" ·c ::J ~ 0

0 • , .E ~ 0

" a_ a: ., D ~ 5

"' e ., 0

1..

...J 0

"'

TO:

FROM:

DATE:

SUBJECT:


Joseph A Baird; County Administrator

MENT HEAD CONCURRENCE:

Robert M. Keating, AICP· Commu

Stan Bolin~CP Planning Director

July7, 2010

Development Director

lOA;)_

PUBLIC HEARING CODE AMENDMENT

[LEGISLATIVE]

Consideration of an Amendment To County Chapter 300 To ModifY the County's Locational Requirements For Premises Serving Alcoholic Beverages To Correspond To State Requirements

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 20, 2010.

BACKGROUND

Throughout the state, Florida Statutes Section 562.45 regulates the location of premises where alcoholic beverages are consumed (see attachment #1 ). That statute applies statewide and establishes a 500' minimum separation distance between schools and premises that serve alcoholic beverages. The statute also provides exemptions from the separation distance requirement and grants local governments the right to enact their own more restrictive locational requirements for premises that serve alcoholic beverages.

In Florida, most local governments, including Indian River County, have enacted their own alcoholic beverage requirements. For Indian River County, those requirements are contained in Chapter 300, with the specific locational requirements for premises serving alcoholic beverages contained in section 300.05 (see attachment #2). Currently, the county's regulations mandate a 1,000' minimum separation distance between premises where alcoholic beverages are served and churches as well as schools.

Recently, the BCC considered a request from the owner of a commercial plaza (the Majestic Plaza f.k.a. Luria's Plaza) to change the county's alcoholic beverage locational requirements. In that case, the commercial plaza has a variety of tenants, including a church and a bowling alley where alcoholic beverages are served. Although the bowling alley is closer than 1,000' to the church, its county alcoholic beverage permit is grandfathered-in because the permit was issued many years ago, prior to establishment ofthe nearby church use.

At this time, the plaza owner wishes to establish another use within the plaza that serves alcoholic beverages, and that use will be located closer than 1 ,000' to the church. Because of its proximity to the church, that use

F:\Community Development\Users\CurDev\BCC\2010 BCC\7·20-10 Chapter 300.rtf J26

cannot be established unless county locational requirements are changed. After considering this issue at its June 8, 2010 meeting, the Board directed staff to initiate a change to the county's alcoholic beverage locational requirements to match state locational requirements (see attachment #3).

Based on the Board's directive, staff has prepared an amendment to the county's Chapter 300 locational requirements for premises serving alcoholic beverages (see attachment #4). The Board is now to consider the amendment and adopt, adopt with changes, or reject the amendment.

ANALYSIS

Currently, churches and schools are allowed within the county's agricultural, residential, and commercial zoning districts, while alcoholic beverage serving establishments (e.g. bars and restaurants) are confined primarily to commercial districts and to social clubs which are special exception uses in residential districts. As a result, churches and schools are allowed in most areas of the county, while uses involving alcoholic beverages are allowed in only a limited number of areas. Due to the county's alcoholic beverage separation distance requirements, churches and schools that locate in commercial areas can have the effect oflimiting the range of uses that can be established in commercial areas proximate to the church or schoo1location.

In Indian River County, separation distance requirements between churches or schools and premises serving alcoholic beverages have been in place for more than 25 years. During that time, there have been a few instances of conflict between the location of alcohol serving establishments and churches and schools. Now, however, it is more common than before for churches to locate in commercial buildings and shopping centers. While churches have proven to be compatible with other uses in commercial areas, even in locations alongside grandfathered-in establishments that serve alcoholic beverages, churches in commercial areas can have the effect of excluding or limiting the location of proposed commercial uses where alcoholic beverages will be served.

Based on past experience, there seems to be no compelling rationale for requiring separation distances between churches and establishments that serve alcoholic beverages. In fact, state law, which requires minimum separation distances between schools and alcoholic beverage establishments, does not require any separation between churches and premises that serve alcoholic beverages. Consequently, the proposed ordinance contains no such requirement. By deleting the church/alcoholic beverage establishment separation distance requirement, the Board will eliminate future conflicts such as those which have occurred in the Majestic Plaza case, and the county's requirements will be based solely on state standards.

Based on its recent review of the county's Chapter 300 requirements, staff has determined that the county's existing requirements are inconsistent with certain provisions ofFlorida Statutes 562.45. One inconsistency relates to the current county code's omission of exceptions provided in FS 562.45 to separation distance requirements. While existing county locational requirements do not differentiate between establishments such as bars, that derive most of their gross revenue from alcoholic beverage sales, and restaurants that serve alcoholic beverages but derive most of their gross revenue from sales offood and non-alcoholic beverages, state statutes provide a "restaurant" exemption, and that exemption is included in the proposed ordinance. State statutes also provide exemptions for grandfathered-in premises licensed prior to July 1, 1999; for establishments that sell beer or wine for consumption off premises; and for non-profit organizations operating temporary events. These exemptions are contained in the proposed ordinance.

F:\Community Development\Users\CurDev\BCC\2010 BCC\7-20-10 Chapter 300.rtf ~ 27

Another inconsistency between current county code and state statutes relates to the prescribed method of measuring the separation distance between schools and premises that serve alcoholic beverages. According to FS 562.45, that distance shall be measured in a straight line from the building or structure containing the licensed premises to the nearest point of the real property containing the elementary, middle, or high school. In contrast to that, the county's current ordinance measures the distance using the shortest route of travel along a public thoroughfare from main entrance to main entrance. As proposed, the draft ordinance resolves inconsistencies between the current county code and state statutes.

Besides resolving the above referenced inconsistency issues, the proposed ordinance also contains the state statute's wording regarding the type of schools buffered by separation distance requirements. Under state statutes and the proposed ordinance, the type of school buffered is a" .... public or private elementary school, middle school, or secondary school". This wording change clarifies that the separation distance requirement does not apply to schools that serve adult students (e.g. colleges, technical schools).

As structured, the proposed ordinance follows the format of V ero Beach's alcoholic beverage ordinance that was adopted in March 2010 (see attachment #4). That ordinance was adopted by the city in order to ensure consistency between the city's locational requirements and FS 562.45, and to re-number and place the city's alcoholic beverage requirements into a more appropriate place within the city's code.

In summary, staff has found that the county's alcoholic beverage related locational requirements must be changed to be made consistent with state locational requirements. In addition, staffhas found no compelling rationale for county locational requirements to exceed state locational requirements. Consequently, the proposed ordinance is structured to be completely consistent with state requirements and to impose no locational requirements beyond what the state has established.

RECOMMENDATION:

Staff recommends that the Board of County Commissioners adopt the attached ordinance, amending county locational requirements to match state locational requirements for premises serving alcoholic beverages.

ATTACHMENTS:

1. Florida Statutes 562.45 2. Existing County Chapter 300 Requirements 3. Back-up Information from June 8, 2010 BCC meeting 4. City ofVero Beach Ordinance (Adopted March 2010) 5. Proposed County Ordinance

APPROVED AGENDA ITEM: Indian River Co, Appmved Date Admin. ~ 1) 7 /;.:5, 'Jo Legal ll f-- ~ Itt I f{j

Budget { 7. 12-/Jo Dept. It! JJk 7/n!t& RiskMgr.

F:\Community Development\Users\CurDev\BCC\2010 BCC\7-20-10 Chapter 300.rtf 128

Statutes & Constitution :View Statutes :->2009->Ch0562->Section 45 : flsenate.gov Page 1 of2

Select Year: 2009

The 2009 Florida Statutes Title XXXIV

ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 562 BEVERAGE LAW: ENFORCEMENT

View Entire Chapter

562.45 Penalties for violating Beverage Law; local ordinances; prohibiting regulation of certain activities or business transactions; requiring nondiscriminatory treatment; providing exceptions.--

(1) Any person willfully and knowingly making any false entries in any records required under the Beverage Law or willfully violating any of the provisions of the Beverage Law, concerning the excise tax herein provided for shall be guilty of a felony of the third degree, punishable as provided ins. 775.082, s. 775.083, or s. 775.084. It is unlawful for any person to violate any provision of the Beverage Law, and any provision of the Beverage Law for which no penalty has been provided shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, that any person who shall have been convicted of a violation of any provision of the Beverage Law and shall thereafter be convicted of a further violation of the Beverage Law, shall, upon conviction of said further offense, be guilty of a felony of the third degree, punishable as provided ins. 775.082, s. 775.083, or s. 775.084.

(2)(a) Nothing contained in the Beverage Law shall be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the hours of business and location of place of business, and prescribing sanitary regulations therefor, of any licensee under the Beverage Law within the county or corporate limits of such municipality. However, except for premises licensed on or before July 1, 1999, and except for locations that are licensed as restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic 'beverages, pursuant to chapter 509, a location for on-premises consumption of alcoholic beverages may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location as promoting the public health, safety, and general welfare of the community under proceedings as provided ins. 125.66(4), for counties, and s. 166.041(3)(c), for municipalities. This restriction shall not, however, be construed to prohibit the issuance of temporary permits to certain nonprofit organizations as provided for in s. 561.422. The division may not issue a change in the series of a license or approve a change of a licensee's location unless the licensee provides documentation of proper zoning from the appropriate county or municipal zoning authorities.

(b) Nothing in the Beverage Law shall be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the type of entertainment and conduct permitted in any establishment licensed under the Beverage Law to sell alcoholic beverages for consumption on the premises, or any bottle club licensed under s. 561.14, which is located within such county or municipality.

(c) A county or municipality may not enact any ordinance that regulates or prohibits those activities or business transactions of a licensee regulated by the Division of Alcoholic Beverages and Tobacco under the Beverage Law. Except as otherwise provided in the Beverage Law, a local government, when enacting ordinances designed to promote and protect the general health, safety, and welfare of the public, shall treat a licensee in a nondiscriminatory manner and in a manner that is consistent with the manner of treatment of any other lawful business transacted in this state. Nothing in this section shall be construed to affect or impair the enactment or enforcement by a county or municipality of any zoning, land development or comprehensive plan regulation or other ordinance authorized under ss. 1, 2, and 5, Art. VIII of the State Constitution.

ATTACHMENT http://www.flsenate.gov/statutes/index.cfm?p=2&App mode= Display_ Statute&Search _ Stri ...

1 7/7/20101 2 9

Statutes & Constitution :View Statutes :->2009->Ch0562->Section 45 : flsenate.gov Page 2 of2

History.--s. 15, ch. 16774, 1935; s. 3, ch. 19301, 1939; CGL 1940 Supp. 4151(240), 7648(6); s. 4, ch. 29964, 1955; s. 1, ch. 57-327; s. 573, ch. 71-136; s. 2, ch. 72-230; s. 1, ch. 87-365; s. 24, ch. 91-60; s. 4, ch. 97-165; s. 2, ch. 99-156.

Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2006 State of Florida.

ATTACHMENT 1 http://www.flsenate.gov/statutes/index.cfm?p=2&App _mode= Display_ Statute&Search _ Stri... 7/7/201 o1 3 0

CHAPTER 300.

ALCOHOLIC BEVERAGES

Sec. 300.01. Conformity with state law. Sec. 300.02. Prohibited hours of sale, service and consumption. Sec. 300.03. Premises closed during prohibited hours. Sec. 300.04. Removal of alcoholic beverages in open or unsealed container from

licensed premises. Sec. 300.05. Restriction on location oflicensed premises. Sec. 300.06. Certain states of undress and acts prohibited on licensed premises. Sec. 300.07. Possession or consumption in public prohibited.

Section 300.01. Conformity with state law.

The provision and terms of this chapter shall be construed according to and in conformity with "The Beverage Law" of the State of Florida as set forth in the Florida Statutes. (Ord. No. 91-4, § I, 2-12-91)

Section 300.02. Prohibited hours of sale, service and consumption.

(1) Prohibited hours. No alcoholic beverages shall be sold, served, or consumed in any licensed premises between 1:00 a.m. and 7:00a.m. except as hereinafter provided.

(2) New Years. The time 1:00 a.m. specified in paragraph (a) of this section is extended to 3:00a.m. on January first of each year. (Ord. No. 91-4, § I, 2-12-91)

Section 300.03. Premises closed during prohibited hours.

(1) Any licensed premises within the unincorporated area of the county shall be closed to the public and the doors locked during the prohibited hours of sale; provided, however, if other business is conducted on the premises that portion of the premises necessary to the conduct of such other business may remain open to the public provided the area from which alcoholic beverages are dispensed is closed to the public.

(2) Notwithstanding the requirements of paragraph (a) of this section, the owner or employee if present on the licensed premises during the prohibited hours of sale shall promptly admit to the premises any police officer or fire official of Indian River County.

(3) No music shall be played during the prohibited hours of sale on licensed premises that are required to be closed under paragraph (1) of this section. (Ord. No. 91-4, § I, 2-12-91)

F:\Community Development\Users\CurDev\BCC\2010 BCC\300.05.doc ATTACHMENT 2 131

Section 300.04. Removal of alcoholic beverages in open or unsealed container from licensed premises.

(I) It is unlawful for any person to take from licensed premises any open beer, wine, liquor, or other alcoholic beverages container or to take from licensed premises any glass, so-called "go cup," or other opened or unsealed container containing an alcoholic beverage or any mixture containing an alcoholic beverage.

(2) It is unlawful for any person or employee of licensed premises to knowingly allow any person to take from the licensed premises any opened beer, wine, liquor, or other alcoholic beverage, or to knowingly allow any person to take from the licensed premises any glass, so-called "go cup," or other opened or unsealed container containing an alcoholic beverage or any mixture containing an alcoholic beverage.

(3) The parking lot or parking area of a licensed premises shall not be considered as part of the licensed premises for the purpose of this section. Therefore, it is illegal to take an opened container containing an alcoholic beverage from the enclosed building or approved patio to the parking lot or parking area or to have an open container containing an alcoholic beverage in said parking area or in a vehicle in said parking area. (Ord. No. 91-4, § 1, 2-12-91)

Section 300.05. Restriction on location of licensed premises.

(I) The following separation distances shall be required between alcohol sales establishments and any church or school in the county.

(a) Alcohol sales establishments where on-premises consumption of alcohol is permitted shall not locate within one thousand (1,000) feet of an established church or school.

(b) Alcohol sales establishments where on-premises consumption is not permitted shall not locate within five hundred (500) feet of an established church or school. Alcohol vendors licensed under paragraph (a) of subsection (1) of Chapter 563.02 of the Florida Statutes are exempt from this provision (vendors of alcoholic malt beverages commonly known as beer for off-premises consumption only).

(2) This required separation distance shall be measured by following the shortest route or ordinary pedestrian travel along the public thoroughfare from the main entrance of such place of business to the main entrance of the church and, in the case of a school, to the nearest point of the school grounds in use as part of the school facilities except:

(a) Where such established church or school is within the limits of an incorporated city or town and the applicant for such license is outside such incorporated city or town and outside any other incorporated city or town, then and in that event, the place of business of such vendor in the county may be the same or a greater distance from such church or school as is required by the ordinance of the incorporated city or town wherein such church or school is located.

F:\Community Development\Users\CurDev\BCC\2010 BCC\300.05.doc ATTACHMENT 1~ 2

(b) Should a church or school be established after the establishment of a place of business of any vendor for the sale of alcoholic beverages, the subsequently established church or school shall not affect the location of the place of business of any such vendor nor shall it affect a subsequent renewal or transfer of any license of such a vendor.

(c) Where such established church or school is located in the county outside the limits of any incorporated city or town but so near the limits of one that under the ordinances of that city or town such a vendor in such city or town could receive a license within a distance less than stipulated by this section of such church or school then and in that event, the place of business of such a vendor in this county outside any city or town may be the same or a greater distance from such church or school as any such vendor duly licensed within such city or town.

F:\Community Development\Users\CurDev\BCC\2010 BCC\300.05.doc ATTACHMENT 1 jJ

TO:

DATE:

BCCAGENDA June 8, 2010 ITEM 14.E.1

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM


June 2, 2010

SUBJECT: Request for Change to County's Alcoholic Beverage Ordinance

FROM: Commissioner Gary Wheeler

A situation has developed with churches renting space in commercially zoned strip centers and the county's separation distance requirement of 1 ,000 foot distance between consumption of alcohol on premises establishments and any church or school. The state has separation distances only from schools, and that distance is 500 feet.

An example of this problem recently is a request from Dr. Michael Rechter, President/CEO of Integra, owners of the Majestic Plaza (old Luria Plaza), which is a commercial shopping center with a church tenant. HE;J has three other tenants currently that have, and have had, the ability to serve alcohol due to their "grandfathered" status or since they were there prior to the church tenancy.

There is now a tenant wanting to locate in a vacant space which is approximately 525 linear feE;Jt door-to-door, less than the required· 1 ,000 llnear feet, from the church wanting to sell alcohol. It is the goal for the plaza to have an "entertainment corner" which will consist of the Majestic Theater, new Coal Fired Pizza, new upscale Billiard Club/Cigar Bar, new Vero Bowl, and the Allied Veterans which essentially is an adult arcade.

Dr. Rechter has received feedback from the Christ Church administrator, Lori Tomlinson, that there is no opposition to this request from the church. He provided her with the information to share with the church leadership to get a

ATTACHMENT 3

final consensus and has received a letter attesting to the fact that Christ Church is not opposed to this request.

According to staff, as supported by the attached e-mail, the only way to address the Majestic Plaza alcohol separation issue isi to change the county's alcoholic beverage ordinance. Since the Majestic Plaza issue isn't an isolated problem, it is staffs opinion that the ordinance needs to be changed.

I am requesting the support of the Board of County Commissioners in approving staffs recommendation, and direct them to initiate the process.

Attachments: e-mail correspondence with diagrams of Majestic Plaza proposed improvements

Letter of approval from Christ Church

ATTACHMENT ~ 2-r1.fu

From: Sent: To: Cc: Subject:

Robert M. Keating [[email protected]] Monday, May 17, 2010 4:58PM Gary C. Wheeler Stan Boling; Roland Deblois; Darcy Vasilas; Joe Baird FW: Majestic Plaza- beverage license(s)

Attachments: Site Plan- Majestic Plaza as of 09232009 High Res.pdf; Exterior Facade View- Color 051010.pdf

Commissioner Wheeler:

Regarding Dr. Rechter's email below, the only way to address the Majestic Plaza alcohol separation issue is to change the county's alcoholic beverage ordinance. In staff's opinion, that ordinance needs to be changed, because the Majestic Plaza issue isn't an isolated problem.

Currently, the county's ordinance is much more stringent than state alcoholic beverage requirements. While the county's ordinance requires a 1,000 foot separation distance between consumption on premises establishments and any church or school, the state has separation distances only from schools, and that distance is 500 feet. With the recent trend of churches, like Christ Church, locating in commercially zoned strip centers, the county's separation distance requirement is going to bec~me more of a problem in the future.

Generally, changing the county's alcoholic beverage ordinance should be no problem and could be done in about six weeks. W~h alcohol and churches, however, the wildcard is whether there wlll be significant opposition. While there's been opposition in the past to proposed alcoholic beverage ordinance changes, the good news is that the City of Vero Beach recently changed its alcoholic beverage rules without any significant opposition.

Going forward, there are a couple of options. If you agree that the county's alcoholic beverage ordinance should be changed, you could put an item under your matters to direct staff to initiate the process. Altematively, staff could bring this issue to the Board and request authorization to initiate the ordinance amendment process.

I'll wait to get your feedback. Then we can respond to Dr. Rechter.

BobK

From: Roland DeBlois [mailto:[email protected]] Sent: Friday, May 14, 2010 2:34PM To: Bob Keating; Stan Boling Cc: Kelly Zedek Subject: FW: Majestic Plaza- beverage license(s)

FYI- the email (below) from Dr. Rechter is a follow-up from his meeting with Commissioner Wheeler and me. Please let me know what you see as the next step(s) before I respond.

Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement Section Indian River County 1801 27th Street vera Beach, FL 32960-3388 Phone: (772) 226-1258 Fax: (772) 978-1806 Email: [email protected] county website: www.ircgov.com

From: Mike Rechter [mailto:[email protected]] Sent: Friday, May 14, 2010 2:15PM

1

ATTACHMENT

To: Gaty C. Wheeler; Roland Deblois; 'Lori Tomlinson' Cc: 'Dr David Romano'; [email protected] Subject: Majestic Plaza

To all concerned-

First, thank you for taking the time to address this issue. As you are all aware, on behalf of Luria Plaza, LLC, the Majestic Plaza's owner, I am working towards resolving an issue that has come about due to a "misguided" rule requiring 1000 SF of distance from a church to put any liquor serving entity. Obviously, there are certainly instances when this law would be appropriate; however, we firmly believe that it was not intended for commercial shopping centers where a church tenant or even a satellite church tenant could theoretically undermine the possibility of adding many terrific possible tenants.

We believe that this is the case here. Currently, there are 3 uses already in place that have and have had the ability to serve alcohol due to their "grandfathered" status or since they were there prior to the church tenancy -Outback Steakhouse which has full liquor, the former Mama Clara's which is beer and wine ouly and which is soon going to reopen as an upscale Coal Fired Pizza concept, and the Vero Bowl which is full liquor as well which is currently undergoing a complete transformation. (See attached Exterior Favade ofNew Vero Bowl)

As you can see from the site plan (see attached), the locations of these tenants do not interfere and have never been any ·issue to the church. It is our hope and desire to re-tenant Space #13, which happens to be approximately 525 linear feet door to door (less than the required 1000 LF) from the church, with a tenant that is entertainment oriented to fL!l out the "entertainment comer" which will consist of the Majestic Theater, new Coal Fired Pizza, new upscale Billiard Club/Cigar Bar, new Vero Bowl, and the Allied Veterans which essentially is a adult arcade type establishment.

While I have received early feedback, as expected, from the church administrator, Lori Tomlinson, that there is no opposition to this request from the church, by cc, I am providing her with the information that she can then share with the church leadership to get a final consensus and, if agreed, have asked her to provide a letter attesting to the fact that the Christ Church is not opposed to this request at her earliest possible convenience.

Simply put, we are working to make the center better and have been doing so with this property for 3+ years and at the adjacent Indian River Plaza (Kmart) for just over 5- to, I think and hope that you will agree, great success. However, we could use your help in either changing the outdated or unintended laws affecting this situation or in some other way, assisting us to make the center and Vero Beach better while allowing quality tenants like Christ Church to remain a big part of our future together without impeding our plans to add quality tenants.

Finally, while I am 100% seeking to work on this through "traditional" means, there are a few ways to achieve the same or similar results - being able to put a liquor serving establishment in Space # 13 after the church is a tenant and within the 1000 LFrequirement-namely, by extending the grandfathered Vero Bowl space's #10 & #11 into #13 so that it would fall under the same grandfathered status. However, while I am prepared and excited to personally own/operate the new Vero Bowl, the last thing that I wish to have is the responsibility to be all the tenants in my own shopping center as a result of being the only one allowed to do so via a unintended law consequence.

Please accept my thank you in advance for your assistance with this proposal and, when possible, let me know your thoughts and what steps you would suggest to move this process forward.

Thank you again. I look forward to hearing from you soon.

2

ATTACHMENT

Regards,

Dr. Michael R. Rechter President/CEO INTEGRA, Inc. 241 East Prospect Road Ft. Lauderdale, FL 33334 (954) 727-0054 x 118 (phone) (954) 727-0145 (fax) (954) 224-4655 (cell) [email protected]

3

• z:A . y-

ATTACHMENT 3 21~ g • ' .

..

0 M 01)

ATTACHMENT 3 >2f~O

May 26,2010

Luria Plaza LLC (!ba Majestic Plaza. Michael Rechter, Maru;iging Member 241 East Prospect Road . F-ort Lauderdale, FL 33334

RE: Site Plan -Majestic Plaza

Dear Mike,

Christ Church Vero Beach is aware of the existing ordinance prohibiting an establishment from Sl;lrving alcohol within 1000 If of a church. We have had the opportunity to review the tenant roster dated .9123/09, an excerpt from the site plan, and to discuss those plans with you We llave no opposition to tho.se plans moving forward as presented. Should you need additional information, please do not hesitate to contact me.

Si~~~ly,

/ 'l~ ·-~b K.S!un, Jr.

Interim Rector

RKS/Ijt

MTACHMEHT

ORDINANCE NO. 2010-__ _

AN ORDINANCE OF THE CITY OF VERO BEACH, FLORIDA, RENUMBERING AND AMENDING CHAPTER 30, ALCOHOLIC BEVERAGES, OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF VERO BEACH; PROVIDING FOR RESTRICTIONS AS TO LOCATION OF ESTABLISHMENTS DEALING WITH OR IN ALCOHOLIC BEVERAGES; PROVIDNG FOR EXCEPTIONS; PROVIDING FOR CONSISTENCY WITH SECTION 562.45(2) OF FLORIDA STATUTES; PROVIDING FOR METHOD OF MEASUREMENT OF SEPARATION DISTANCES FROM SCHOOLS AND PLACES OF WORSHIP; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act,"

authorizes municipalities to exercise any power for municipal purposes, except when expressly

prohibited by law and to enact ordinances in furtherance thereof; and

WHEREAS, within the above-referenced grant of powers, the City of Vero Beach (the

"City") has the authority to and does regulate the location of establishments dealing with or in

alcoholic beverages and provide separation distances from certain protected uses, such as schools

and places of worship, for the protection of the public health, safety, and welfare; and

WHEREAS, Chapter, 30, Alcoholic Beverages, of the Land Development Regulations of

the City, which regulates the separation of establishments dealing with or in alcoholic beverages

licensed under the Florida Beverage Law from schools and places of worship, requires

amendment for consistency with the exemption and measurement of the separation distance for

schools provided by Section 562.45(2) of Florida Statutes; and

WHEREAS, it is appropriate at the same time to re-number and move the

aforementioned Chapter 30, Alcoholic Beverages, to the more appropriate general zoning

provisions of the Zoning Ordinance of the City,

Page I of 4 CODING: Words strieken are deletions; words underlined are additions.

AlTACHMENp' 4 24

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF VERO BEACH, FLORIDA, THAT:

Section 1 -Renumbering and Amendment of Chapter 30. "Alcoholic Beverages".

Chapter 30, "Alcoholic Beverages," in Title III, "Police Power Ordinances," of Part III, "Land Development Regulations," is hereby re-numbered as Section 60.16 in Chapter 60, "General Provisions" of Title VI, the Zoning Ordinance of the City of V ero Beach, and is amended to read as follows:

CHAPTER 30. ALCOHOLIC BEVERAGES

See. 30.0S. RestFietian an laeatian aflieensed pFemises.

In aeffi-tien te the geeerad i!iOHiHg reqHiremeffis, He lieeesed premises shall be autherii!ied within 5QO feet efany sehool or ehureh; provides, howe'rer, that these aeditionad restrietiens shall net 8flply to lieensed premises that are limited to the sale of malt be'ferages ana wine for eensumption off the premises only ana to le!Rflorary permits issues to nonprofit eivie organii!iatiens under "The Beverage Law" of the state. The 5QO feet restrietion shall be measures by following the shortest route ef ordinary pedestrian tr&vel along the publie thoroughfare from the main entranee ef the proposed lieensed premises te the main entranee ef the ehureh, ana in the ease of a seheol, to the nearest point of the sehool grounds in use as part of the sehool faeilities.

Sec. 60.16. Restriction on location of establishments dealing with or in alcoholic beverages.

(a) Definitions. Relevant definitions in section 6-2 of the Code of Ordinances and the Florida Beverage Law shall apply and are incorporated herein as the context permits.

(b) Separation oflicensed premises from schools and places of worship. No licensed premises shall be authorized by the planning director within 500 feet of any established place of worship. or public or private elementary, middle, or secondary schooL with the following exceptions:

( 1) Premises licensed on or before July 1, 1999;

(2) Restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages;

(3) Establishments licensed for the sale of beer or wme for consumption off the premises only; or

(4) Not-for-profit organizations operating under a temporary permit issued by the Division of Alcoholic Beverages and Tobacco of the Florida

Page 2 of4 CODING: Words striel<en are deletions; words underlined are additions.

MTACHMEN143t

Department of Business and Professional Regulation under the Florida Beverage Law.

(c) Measurement o[separation (rom schools and places of worship. The separation distance of 500 feet shall be measured in a straight line from the main entrance of the building containing the licensed premises to the nearest point of the real property containing a place of worship or school facilities.

Section 2. Conflict and Severabilitv.

In the event any provision of this ordinance conflicts with any other provision of this Code or any other ordinance or resolution of the City ofVero Beach on the subject matter of this ordinance, the more strict provision shall apply and supersede. If any provision of this ordinance is held to be invalid, unconstitutional, or unenforceable for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this ordinance, which shall be deemed separate, distinct, and independent provisions enforceable to the fullest extent possible.

Section 3 - Effective Date.

This Ordinance shall become effective upon final adoption by the City Council.

*****************************************

[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]

Page 3 of4 CODING: Words striel<en are deletions; words underlined are additions.

AlTACHME"f 44t

ORDINANCE 2010-

AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS TITLE I CODE; PROVIDING FOR AMENDMENTS TO CHAPTER 300, ALCOHOLIC BEVERAGES; BY REVISING RESTRICTION ON LOCATION OF LICENSED PREMISES SECTION 300.05; 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 TITLE I CODE, CHAPTER 300 REGULATIONS BE AMENDED AS FOLLOWS:

SECTION#!:

Section 300.05, Restriction on location of licensed premises, is hereby amended to read as follows:

(1) Separation of licensed premises from schools. No licensed premises shall be authorized by the county within 500 feet of any established public or private elementary school, middle school, or secondary school, with the following exceptions:

(a) Premises licensed on or before July 1, 1999;

(b) Restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages;

(c) Establishments licensed for the sale of beer or wine for consumption off the premises only; or

(d) Not-for-profit organizations operating under a temporary permit issued by the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulation under the Florida Beverage Law.

(1) The fellewing seflaFatien Eiistanees shall be required betvreea aleehel sales establishments ana any ehureh er seheel ill the eeuaty.

(a) Aleehel sales establishments w~ere en J3refflises eansUFilfltien ef aleehal is J3erfflitteEi shall net leeate 'Nithin ene thausanEi (1,000) feet afan established ehureh ar seheel.

(b) Aleehal sales establishments where en fJremises eensUFilfltian is nat flermitteEi shall nat laeate within five huaEireEi (500) feet ef an established ehureh ar sefiaal. i\leafial venders lieeaseEi uader flaFagffiflH (a) af subseetien (1) ef Cha]3ter %3.02 af the Flarida Statutes aFe elleffi]'lt frem this J3ravisien (veaEiars ef aleahalie malt beverages eemmanly knevm as beer fer aff J3remises eensUFilfltien anl)0.

(2) This required separation distance shall be measured by fellevriag the shertest ral±te ar erEiinary fl6Eiestrian tntvel aleng the J3ublie thareugfifare in a straight line from the main entrance of sueh fllaee ef business the building or structure containing the licensed premises to the maia eatranee af the ehureh and, in the ease ef a sehaal, ta the nearest point of the real property containing the elementary, middle, or high school: greuaEis in use as flaFt af the seheel faeilities eKeeflt:

Bold Underline: Additions to Ordinance Smke tkreagh: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinance Changes\2010\2010-_ 300 Abev.RTF

1

145

ORDINANCE 2010-

(a) \¥here saeh established effi!reh er seheel is within the limits ef an ineeffJerated eity er tevm and the B.flplieaat fer saeh lieense is eatside saeh ineefjlerated eity er te'lffi and eatside any other ineefjlerated eity er tew-R, thea and in that e>feat, the plaee ef lmsiness ef saeh vender in the eeaaty may be the same er a greater distanee ifem saeh ehareh er seheel as is reEJ:aired by the erdinanee ef the ineeffJerated eity er tevm wherein saeh ehareh er seheel is leeated.

(a) £heald a ebareh er sehoel be established after the establishment ef a plaee ef easiness ef any vendor fer the sale of aleoholie be'feffiges, the sabseEJ:aeatly established ehareh or sehool shall net affeet the loeatien of the plaee ef easiness of any SHeh vender nor shall it affeet a sabseEJ:aeat renewal or traRsfer ef any lie ease of saeh a vender.

(e) Where saeh established ehareh er seheel is leeated in the eermty eatside the limits ef any ineeffJorated eity er tewn bat so near the limits of eae that rmder the ordiaanees ef that eity er tewn saeh a vender in saeh eity or tovm eeald reeeive a lieense '.Vithin a distanee less than stipalated by this seetioa ef saeh ehareh er seheel thea and in that e>feRt, the plaee efbasiaess ef saeh a vender in this eoaaty oatside any eity er tewn may be the same er a greater distaaee frem saeh ebareh er seheel as any saeh vender daly lieensed within saeh eity er tevm.

SECTION #2: SEVERABILITY.

If any clause, section or provision of tbis 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 #3: 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 #4: 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 #5: EFFECTIVE DATE.

This Ordinance shall take effect upon filing with the Department of State.

This ordinance was advertised in the Press-Journal on the day of 2010, for a public hearing to be held on the __ day of , 2010, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote:

Chairman Peter D. O'Bryan

Vice Chairman Bob Solari

Bold Underline: Additions to Ordinance Stfilte tareagh: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinance Changes\20 I 0\20 I 0·_ 300 Abev .RTF

2

ATTACHM£~__.465

ORDINANCE 2010-

Commissioner Wesley S. Davis

Commissioner Joseph E. Flescher

Commissioner Gary Wheeler

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

BY: Peter D. O'Bryan, Chairman

ATTESTBY: __________________________ __

Jeffrey K. Barton, Clerk

This ordinance was filed with the Department of State on the following date: _________ _

APPROVED AS TO F RM AND LEGAL SUFFICIENCY

~or Alan S. Po ty Attorney

APPROVED AS TO PLANNING MATTERS

evelopment Director

Bold Underline: Additions to Ordinance 3 StAke tlue tigh: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinance Changes\20 10\20 I 0-__ 300 Abev .RTF ATTACHMEM1 4 ~

Public Hearing- B.C.C. 07/20/2010


ATTORNEY


MEMORANDUM

TO: Board of County Commissioners ~

Q_..Q_j' [ ~ FROM: Alan S. Polackwich, Sr., County Attorney

DATE: July 9, 2010

SUBJECT: Pain Clinic Moratorium Ordinance

BACKGROUND.

On June 8, 2010, the Board of County Commissioners adopted Ordinance 2010-013, an emergency ordinance imposing a 90 day moratorium on the issuance, transfer or renewal of business tax receipts for pain clinics or pain management clinics. At that time, the Board directed the County Attorney to prepare a second ordinance extending the moratorium for a total period of one year. The County Attorney has prepared such an ordinance, which has been noticed for public hearing on July 20, 2010.

ANALYSIS.

The proposed ordinance is similar to the emergency ordinance with one change: the emergency ordinance requires the Tax Collector to obtain an affidavit from (a) a new medical or health facility at the time of issuance of the business tax receipt, and (b) an existing medical or health facility at the time of transfer or renewal of the business tax receipt. The Tax Collector has reported that ob-

Indian River Cc. A~ ved Date

Admin. 7/r'>l/o Co. Atty.

I """ 7. fl,,{O

APPROVED FOR 07.20.10 B.C. C. MEETING- PUBLIC HEARING

( ~ 7111./tiJ Dept.

COUNTY ATTORNEY Risk Mg•··

148

Board of County Commissioners July 9, 2010 Page Two

taining an affidavit from an existing facility at the time of renewal is problematic, because renewal is typically handled by mail, without face-to-face contact. Accordingly, the proposed ordinance limits the requirement of an affidavit solely to the time of initial issuance of the business tax receipt. This does not mean that a business tax receipt must be renewed for a facility that is operating illegally as a pain clinic. The proposed ordinance still requires the Tax Collector to deny renewal if the facility is operating in violation of applicable law. This would be applicable if law enforcement or state regulatory officials establish that the facility is operating in violation of lawin which case, the Tax Collector would deny renewal. In other respects, the proposed ordinance follows the framework of the emergency ordinance.

RECOMMENDATION.

The County Attorney recommends that the Chairman open the public hearing, take comments from the public, and close the hearing, and that the Board then consider adoption of the ordinance.

ATTACHMENT(S).

Proposed Ordinance

ASP:LAC

F:\Arromeylll)nd<iiGENERAL\BOCCIBOCC Agenrla M•mo.N'oill Clinir.< " Ordinuna.<Wr:

149

ORDINANCE NO. 2010--__

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 207 "LOCAL BUSINESS TAX RECEIPTS" OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, BY ENACTING A NEW SECTION 207.15 ENTITLED "PAIN CLINICS AND PAIN MANAGEMENT CLINICS" ESTABLISHING FOR ONE YEAR FROM JUNE 8, 2010 A MORATORIUM AND CERTAIN RESTRICTIONS ON THE ISSUANCE, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR THE OPERATION OF PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR SEVERABIL TY, A GENERAL REPEALER AND AN EFFECTIVE DATE.

WHEREAS, pursuant to Article VII, Section 1 of the Florida Constitution, and Chapter 125, Florida Statutes, Indian River County is authorized to protect the public health, safety and welfare of its residents, and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law; and

WHEREAS, on November 19, 2009, the Broward County, Florida Grand Jury released an Interim Report on the Proliferation of Pain Clinics in South Florida, which report detailed the rapid proliferation of pain clinics in South Florida; the excessive prescribing and dispensing of controlled substances through such clinics; the increased deaths resulting from lethal dosages of such controlled substances; the increased crime, including burglaries and robberies in areas where such pain clinics operate; the identity theft and organized criminal activities linked to the excessive prescribing and dispensing of such controlled substances; the increased drug trafficking in controlled substances originating from such pain clinics; and other impacts harmful to the public health, safety and welfare; and

WHEREAS, the Indian River County Sheriff has reported to the Board that based on the proximity of Indian River County to 1-95, and considering the expansion of pain clinics northward towards Indian River County from counties located to the south, there will be a definite proliferation of such clinics in Indian River County, and that such clinics will have a direct and immediate impact which is harmful to the public health, safety and welfare of the residents of Indian River County. The Sheriff has also reported that there has been an increase in deaths in Indian River County caused by lethal dosages of controlled substances relating to pain management; and

WHEREAS, newspaper and other reports have described the "pipeline" that is used by drug traffickers illegally purchasing controlled substances from pain clinics in Florida and selling the controlled substances to users in other states; and

1

150

ORDINANCE NO. 2010-__

WHEREAS, the Florida Legislature has recognized and addressed the harmful impacts of the proliferation of pain clinics by adopting chapters 2009-198 and 2010-211, Laws of Florida, requiring, inter alia, the licensure of pain clinics, the establishment of a prescription drug monitoring program, and the promulgation of rules and regulations by the Department of Health, the Department of Law Enforcement, the Board of Medicine and the Board of Osteopathic Medicine; however, to date, such measures have not been implemented; and

WHEREAS, numerous other Florida counties and municipalities have adopted moratoriums or other restrictions to prevent the proliferation of pain clinics, which could result in Indian River County becoming a target for such clinics; and

WHEREAS, the Indian River County Tax Collector has reported to the Board that the Tax Collector has received numerous telephone calls inquiring whether Indian River County issues business tax receipts to new pain clinics, suggesting that Indian River County has already become a target for such clinics; and

WHEREAS, the Board finds and declares that the proliferation of pain clinics in Indian River County is a direct and immediate threat to the public health, safety and welfare of the residents of Indian River County, and that a moratorium and certain restrictions on the issuance, transfer and renewal of business tax receipts for the operation of such pain clinics is necessary to prevent the harmful impacts of such proliferation; and

WHEREAS, imposing such moratorium and restrictions until June 7, 2011 will provide sufficient time for County staff, the Sheriff and other interested parties to research, analyze and present to the Board reasonable regulations to mitigate the harmful impacts created by the proliferation of pain clinics within Indian River County,

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:

Section 1. Legislative Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. Without limitation, the Board specifically finds and declares that the enactment of this ordinance is necessary to protect the health, safety and welfare of the citizens of Indian River County.

Section 2. Creation of New Section. Section 207.15 of the Code of Indian River County, Florida is hereby created to read as follows:

Section 207.15 Pain Clinics and Pain Management Clinics

2

151


(1) Moratorium. From the effective date of this ordinance until June 7, 2011, (i) no business tax receipt shall be issued for the operation of any Pain Clinic or Pain Management Clinic in Indian River County, and (ii) no business tax receipt shall be transferred or renewed for the operation of any Pain Clinic or Pain Management Clinic, if, at the time of such transfer or renewal, the Pain Clinic or Pain Management Clinic is not in compliance with all applicable local, county, state and federal laws.

(2) Definitions.

(a) "Pain Clinic" or "Pain Management Clinic" shall mean a privately owned pain management clinic, facility, or office primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, or which advertises in any medium for any type of pain management services, or employs a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, and which is required to register with the Florida Department of Health pursuant to section 458.309 or section 459.005, Florida Statutes; provided, however, that the following shall be excluded from this definition:

i. a facility which is licensed pursuant to Chapter 395, Florida Statutes,

ii. a nursing home, ambulatory surgical center, hospice or intermediate facility for the developmentally disabled which is licensed pursuant to Florida law,

iii. a clinic, facility or office in which the majority of physicians primarily provide surgical services, and

iv. a clinic, facility or office which is wholly owned by physicians licensed pursuant to Florida law, at least one of whom (a) has obtained board certification by a specialty board recognized by the American Board of Medical Specialties and holds a sub-specialty certification in pain medicine, (b) has successfully completed a post graduate training program in Pain Medicine/Management accredited by the Accreditation Council for Graduate Medical Education, or (c) has obtained a Certificate of Added Qualification in Pain Management by the American Osteophathic Association.

(b) "Controlled Substance" shall mean a controlled substance listed in Schedule II, Schedule Ill or Schedule IV in section 893.03, Florida Statutes.

(3) Affidavit. If, during the term of this moratorium, an application is made for issuance of a business tax receipt for operation of a medical or health clinic, facility or office which, as represented by the applicant, will not be operated during the period of

3

152


time covered by the business tax receipt as a Pain Clinic or Pain Management Clinic, the applicant, as a condition of issuance of the business tax receipt, shall execute and deliver to the Tax Collector an affidavit confirming such representation. If, during the period of time covered by the business tax receipt, the clinic, facility or office is in fact operated as a Pain Clinic or Pain Management Clinic contrary to the representation of the applicant, the business tax receipt shall be subject to immediate revocation in proceedings before the Code Enforcement Board, in addition to other remedies available under local, county, state and federal laws. Failure or refusal of the applicant to execute and deliver the affidavit shall result in denial of the issuance of the business tax receipt. This section shall apply only in the areas of the County for which the Tax Collector issues business tax receipts.

(4) Direction to County Staff. During the term of this moratorium, County staff is directed to work with the Sheriff and other interested parties, to research and analyze the impacts of the proliferation of Pain Clinics and Pain Management Clinics within Indian River County, to develop reasonable regulations to mitigate the harmful impacts created by the proliferation of pain clinics within Indian River County, and to present such regulations to the Board of County Commissioners for consideration.

(5) Geographic Application. This moratorium shall apply throughout the incorporated and unincorporated areas of Indian River County, except to the extent that a municipality has adopted or adopts an ordinance in conflict with this ordinance.

Section 3. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect.

Section 4. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Emergency Ordinance No. 2010-013 is hereby repealed and replaced by this ordinance.

Section 5. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State.

This ordinance was advertised in the Vera Beach Press Journal on the __ day of -:-:-:-.,.,---' 2010, for a public hearing to be held on the __ day of , 2010, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote:

Chairman Peter D. O'Bryan

Vice Chairman Bob Solari

4

153

ORDINANCE NO. 201 0-__ _

Commissioner Wesley S. Davis

Commissioner Joseph E. Flescher

Commissioner Gary C. Wheeler

The Chairman thereupon declared the ordinance duly passed and adopted this __ day of , 2010.

ATTEST: Jeffrey K. Barton, Clerk

By: _____ ----=..,--~---Deputy Clerk

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA

By: __ ~-~~~-~~--Peter D. O'Bryan, Chairman

EFFECTIVE DATE: This Ordinance was filed with the Department of State on the __ dayof ,2010.

5

154

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

!f131-

Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.

PUBLIC DISCUSSION INFORMATION

Indian River County Code Section 102.04(10)fb): as a general rule, public discussion items should be limited to matters on which the commission may take action

Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission

· NAME OF INDIVIDUAL OR ORGANIZATION: :::_J:::en::n:::_1::;. f:::e:::r:....::L:::a:::_h:::m:::a:::n'---------------

ADDRESS:1205 Bartlet Oak Circle, VB 32966 PHONE: (772) 532-3634

SUBJECT MATTER FOR DISCUSSION: Lein imposed against Oaks of Vera development.

IS A PRESENTATION PLANNED?

IS BACK-UP BEING PROVIDED?

IS THIS AN APPEAL OF A DECISION?

D Yes

D Yes

D Yes

D No

D No

D No

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Any assistance they are

able to provide.

ARE PUBLIC FUNDS OR ACTMTIES REQUIRED? D Yes I D No

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?----------

Transmitted to Administrator Via: Interactive Web Form

Y E-Mail Fax Mail Hand Delivered Phone

MEETING DATE:

155

13A Attorney's Matters- B.C.C. 07/20/2010

Office if INDIAN RIVER COUNTY

ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K DeBraal, Deputy County Attorney Melissa P. Anderson, Assistant County Attomey

MEMORANDUM

TO: Board of County Commissioners

FROM: c:L&~

Alan S. Polackwich, Sr., County Attorney

DATE: July 9, 2010

SUBJECT: Update on Vista Gardens Code Enforcement Issues

BACKGROUND.

At its May 18, 2010 meeting, the Board of County Commissioners reviewed code enforcement alternatives applicable to Vista Gardens. No action was taken, but the Board requested that the County Attorney provide an update in 60 days. This report constitutes the requested update.

UPDATE.

Overgrowth of grass and weeds at Vista Gardens golf course has been a recurring problem. In August 2009, the Code Enforcement Board imposed a $100 per day fine which became a $5700 total fine in December 2009. In addition, the County has three times hired a contractor to mow the property - October 7, 2009, February 2, 2010 and April 20, 2010 - and on July 6, 2010, the Board authorized the hiring of a contractor to mow the property a fourth time. As of June 23, 2010 (the date of the County Attorney's most recent title information), the County had recorded liens for the $5700 total fine, and the October 7, 2009 mowing ($1100). Liens for the February 2, 2010 and April20, 2010 were recently approved by the CEB and will be recorded promptly.

The title information shows only one lien having priority over the County's CEB liens: a 2006 Florida Department of Revenue sales tax warrant in the amount of $13,141.20, plus interest. This warrant pre-dated the Marine Bank mortgage which was foreclosed, leading to the foreclosure sale at which the current owner, Vista Golf, LLC, purchased the property. It is unlikely that the state will take any action to foreclose its warrant. If it does, in a worst case scenario, it is likely that the County could pay the warrant and take an assignment- which would put the County in a first lien position for all amounts then owed.

Indian River Co.

APPROVED FOR 07.20.10 Admin.

B.C.C. MEETING-REGULARAGENDA Co. Atty.

Budget

Dept.

COUNTY ATTORNEY RiskMgr.

56

Board of County Commissioners July 9, 2010 Page Two of Two

It should be noted that Vista Golf, LLC actually purchased the 18 hole golf course known as Vista Royale and the 9 hole golf course known as Vista Gardens. The problem with overgrown grass and weeds has occurred on the Vista Gardens golf course property. Thus, the County's liens are only applicable to this property, and not the Vista Royale property.

As the Board is aware, Vista Golf, LLC has filed a lawsuit against various Vista owners' associations, seeking to declare invalid certain restrictions on the use of the golf course properties. That lawsuit was scheduled for trial in April 2010, but was removed from the trial docket so the parties could explore settlement through mediation. Mediation sessions were held in April and late June. While mediation discussions have remained confidential, as required by law, it is the County Attorney's general understanding that the parties are continuing to discuss settlement in a positive manner. There is a reasonable likelihood that if settlement is reached, it will result in payment of the County's liens.

RECOMMENDATION.

The County Attorney does not recommend that more severe code enforcement remedies be pursued at this time. Instead, the County Attorney recommends that Vista Golf, LLC and the Vista associations be afforded more time to conclude their settlement discussions. If the discussions do not ultimately result in a settlement and payment of the County's liens, the County should be able to recoup its lien amounts by foreclosing its liens, assuming the accuracy of the June 23, 2010 title information.

ASP: LAC

F:\Anoml'}'IJ.illdaiGENERALIBOCaBOCC Ag~nda Memo.MOCC Memo (V,Sia GardJ'ns GC-Updu.1e ~doc

157

t3B Attorney's Matters- B.C.C. 07/20/2010


ATTORNEY


MEMORANDUM

TO: Board of County Commissioners

FROM: Alan S. Polackwich, Sr., County Attorney~ ( DATE: July 9, 2010

SUBJECT: Hiring of Outside Counsel to Assist m Electric, Water and Sewer Franchise Issues

BACKGROUND AND ANALYSIS:

The County Attorney's Office is developing and analyzing all facts, contracts and law applicable to the electric, water and sewer franchise issues. While the County Attorney expects that 95% of all work related to the issues will be performed in house, it has become apparent that areas of expertise are required that do not exist in house. These areas include the effect of the Public Service Commission's jurisdiction on electrical franchise and service territory issues, and unraveling of the current and possible consolidation of the future water and sewer systems. The County Attorney anticipates that outside counsel experienced in these areas would be used in the role of a consultant to the County Attorney's Office, rather than as the primary attorney handling the issues.

The County Attorney has not yet identified the best firm to serve this role, and would normally wait until identifying the firm to bring the matter to the Board of County Commissioners. However, with nearly a one month delay until the August 17, 2010 meeting, and with time presumably being available to work on the electric, water and sewer franchise issues following the July 20, 2010 meeting, the County Attorney would like to have authority to hire outside counsel prior to the August 17, 2010 meeting. The County Attorney recommends a cap of $15,000 on the outside attorney's fees, without further Board approval.

Indian River Co. ~ Date

Admin. td!r 1711.511~ Co. Atty. /·!'-·'~

APPROVED FOR 07.20.10 B.C. C. MEETING -ATTORNEY'S MATTERS

Budget (,A, "7/ttNJ Dept. -tl -COUNTY ATTORNEY RiskMgr. - 158

Board of County Commissioners July 9, 2010 Page Two

The Director, Office of Management and Budget, advises that funds are available for this purpose from general fund contingencies.

RECOMMENDATION:

The County Attorney recommends that the Board authorize the County Attorney to hire outside counsel to act as consultant to the County Attorney's Office on electric, water and sewer franchise issues, with fees not to exceed $15,000, without further Board approval.

ASP:LAC

F;\AIIomcy..Lindal/jENERAL\BOCCIBOCC Agrnda Mmo~.P.OUI.<ill~ C~u1url Employmnru/oc

159