· may 10, 2016 page 1 of 6 board of county commissioners indian river county, florida c o m m i s...
TRANSCRIPT
May 10, 2016 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
DISTRICT
Bob Solari, Chairman District 5 Joseph A. Baird, County Administrator Joseph E. Flescher, Vice Chairman District 2 Dylan Reingold, County Attorney Wesley S. Davis District 1 Jeffrey R. Smith, Clerk of the Circuit Peter D. O’Bryan District 4 Court and Comptroller Tim Zorc District 3
1. CALL TO ORDER 9:00 A.M. PAGE
2. INVOCATION
Philip Katrovitz, Humanist of the Treasure Coast
3. PLEDGE OF ALLEGIANCE
Commissioner Bob Solari, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating the Week of May 8 – 14, 2016, as Tobacco Free Florida Week 1
B. Presentation by Leslie Spurlock, QuitDoc Foundation, in Appreciation of Indian River County’s Leadership with Tobacco Control ----
Commission Chambers Indian River County Administration Complex
1801 27th Street, Building A Vero Beach, Florida, 32960-3388
www.ircgov.com
TUESDAY, MAY 10, 2016 - 9:00 A.M.
May 10, 2016 Page 2 of 6
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation by Michelle Dion and Kim Prado, Marine Bank & Trust, on Volunteer Opportunities for the 2016 Vero Beach Air Show on June 25 – 26, 2016 2
D. Presentation by Curtis Paulisin, First Vice President, and Patricia Geyer, Director of Outreach Programs, Indian River County Veterans Council on June 18th Golf Tournament and other Programs 3-5
6. APPROVAL OF MINUTES
None
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION
A. Retirement Award and Proclamation Honoring Brian Williamson on His Retirement From the Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Thirty Years of Service 6-7
8. CONSENT AGENDA
A. Approval of Checks and Electronic Payments – April 22, 2016 to April 28, 2016 (memorandum dated April 28, 2016) 8-13
B. Wild Turkey Sand Mine – Third Phase – Cash Deposit and Escrow
Agreements for Compliance and Restoration (memorandum dated May 2, 2016) 14-24
C. Resolution Cancelling Taxes on Property Purchased by Indian River County
for Surface Water Storage and Treatment (memorandum dated April 29, 2016) 25-32
D. Work Order No. 8 Morgan & Eklund, Inc., 2016 Beach Profile Monitoring Surveys – Summer (memorandum dated April 28, 2016) 33-39
E. Work Order No. 13 CB&I Coastal Planning and Engineering, Inc., Sector 3 Beach Restoration Project, 2016 Post Construction Physical Monitoring Services (memorandum dated April 27, 2016) 40-49
May 10, 2016 Page 3 of 6
8. CONSENT AGENDA PAGE
F. Approval of Work Order No. MMRT-1 for Professional Land Surveying and Mapping Services for Osprey Acres Stormwater Park (memorandum dated May 3, 2016) 50-60
G. Approval of Award for Bid 2016028 – Annual Bid for Street Sweeping (memorandum dated May 2, 2016) 61-62
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Ordinance Concerning Medical Marijuana
(memorandum dated May 2, 2016) 63-81 Legislative
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on which the commission may take action.)
1. Request to Speak from Susan Mehiel Regarding AAF/FEC and the Nuclear Power Plant – Phyllis Frey will be speaking on Susan Mehiel’s behalf 82
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing for May 24, 2016: County Initiated Request to Amend (update) the Text of Several Elements of the County’s Comprehensive Plan, Including the Future Land Use Element, the Recreation and Open Space Element, the Transportation Element, the Economic Development Element, and the Solid Waste Sub-Element Legislative (memorandum dated April 21, 2016) 83-84
11. COUNTY ADMINISTRATOR MATTERS
A. Health Insurance Subsidy for Retirees (memorandum dated April 29, 2016) 85-86
May 10, 2016 Page 4 of 6
12. DEPARTMENTAL MATTERS PAGE
A. Community Development None
B. Emergency Services
None
C. General Services
None
1. Human Services
None 2. Sandridge Golf Club
None 3. Recreation
None
D. Human Resources
None
E. Office of Management and Budget
1. Quarterly Budget Report (memorandum dated April 13, 2016) 87-99
2. Declaration of 16th Street Ballfields as Surplus and Authorization
for Disposal (memorandum dated May 2, 2016) 100-111
F. Public Works
1. Outer Continental Shelf Marine Sand, Gravel, and Shell Resources Regulation; Identifier Number (RIN) 1010-AD90; BOEM Proposed Rule 30 CFR 583 (memorandum dated May 2, 2016) 112-129
2. Update – USACE proposed plan to dredge and relocate bulk ocean
sand from Martin and St. Lucie Counties to Miami-Date County (memorandum dated May 2, 2016) 130-133
May 10, 2016 Page 5 of 6
12. DEPARTMENTAL MATTERS PAGE
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS None
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
None
B. Commissioner Joseph E. Flescher, Vice Chairman
None
C. Commissioner Wesley S. Davis
None
D. Commissioner Peter D. O’Bryan
None
E. Commissioner Tim Zorc
1. Additional Water Sampling (memorandum dated May 10, 2016) 134-138
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
May 10, 2016 Page 6 of 6
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m.
PROCLAMATION DESIGNATING THE WEEK OF May 8-14, 2016, AS
TOBACCO FREE FLORIDA WEEK
WHEREAS, even though Florida has made substantial strides in the progress of a smokefree policy, Floridians are still involuntarily affected by secondhand smoke's toxic chemicals, significantly increasing the risk of lung cancer, Florida's number-one cancer killer; and
WHEREAS, in the United States, two in five children ages 3 to 11 are exposed to secondhand smoke and 39.7 percent of Florida high school students and 35.9 percent of Florida middle school students reported being exposed to secondhand smoke in a room or car in the past week; and
WHEREAS, comprehensive smoke-free policies not only protect people from secondhand smoke but they also de-normalize tobacco use, encouraging more smokers to quit and fewer youth to ever start; and
WHEREAS, the best way smokers can protect their loved ones from secondhand smoke is to quit smoking, and since 2007, more than 126,000 Floridians have successfully quit tobacco using one of Tobacco Free Florida's 3 Free and Easy Ways to Quit.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of May 8 through 14, 2016, be designated as Tobacco Free Florida Week in Indian River County.
Adopted this 10th day of May, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA
:7W ,Ja-P~' Bob Solari, Ch"an
J<c
~n
1
CALLING ALL VOLUNTEERS!
NOW IS THE TIME TO SIGN UP FOR THE
2016 VERO BEACH AIR SHOW
LOG ON TO:
WWW.VEROAIRSHOW.COM
CLICK ON PARTICIPATE
CLICK ON AIR SHOW VOLUNTEER
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT
MICHELLE {VOLUNTEER COORDINATOR)
AT 772-473-5154
THANK YOU FOR YOUR PARTICIPATION!
1
Veterans Council of Indian River County Veterans Outreach
Golf Tourna01ent
Saturday, June 18t , 2016 Sandridge Golf Club
5300 73rd St., Vero Beach, FL
7:00 am- Registration 8:00 am Shotgun Start-Format: Scramble Lunch & Awards immediately following
$60.00 per person Entry fee includes: Green Fees,
Cart, Lunch & Awards
3
February 24, 2016
Dear Veterans Council IRC Supporter,
The Veterans Council of Indian River County is hosting the second annual Veterans Outreach Golf Tournament at Sandridge Golf Course on June 18, 2016. Sandridge is located at 5300 73rd St., Vero Beach, FL. The event includes 18 holes of golf, cart, awards, and lunch immediately following for only $60 per golfer! Registration begins at 7:00 am with a Shotgun start at 8:00 am; it will be a Scramble format.
We invite you to participate as a sponsor and golfer! We have several levels of sponsorship detailed in the enclosed Sponsorship and Registration form. Your sponsorship will offset event costs so we can provide outreach and support to Indian River County veterans. The Veterans Council IRC is a 501 c3 non-profit corporation .
If you are interested in playing in the tournament and/or becoming a sponsor, please mail or email the attached form. If you have questions, please contact Nicole 772-563-7183 or Pat 772-205-1995 or email [email protected].
On behalf of the Veterans and the families that we serve, thank you for your consideration and support.
Curtis Paulisin 1st Vice President Chair, Veterans Outreach Annual Golf Tournament
Attachment
PO Box 1354, Vero Beach, FL 32961 772-410-5820 [email protected]
4
• * * * * ~ Vcoor..in'!i C'ound J Veterans Council of Indian River County, Inc.
l,Jnch1111 Fti"'1rn11,mt1: Annual Veterans Outreach Golf Tournament SPONSORSHIP AND ENTRY FORM
Date: June 18, 2016 Time: 7am Registration, 8am Shotgun start - Scramble format
Lunch and Awards immediately following Sandridge Golf Club, 5300 73rd St., Vero Beach, FL Place:
SPONSORSHIP I/We would like to be a Sponsor:
_ Tournament Sponsor $2000 (includes 3 teams, large banner, 4 hole signs, recognition plaque, identified in all publicity and media interviews)
_ Silver Sponsor $1000 (includes 2 teams, banner, 2 hole signs, identified in press releases)
_ Bronze Sponsor (includes 1 team, 1 hole sign)
_ Sponsor a Veteran golfer
Name
Telephone
ENTRY FORM
$500
$60
_ Hole Sponsor $100
Gift Certificate
Fee: $60 per golfer (includes Green Fees for 18 holes, Cart, Lunch & Awards)
Name
Telephone
Team Member's Names (and email for event notifications)
Player 2
Player 3
Player 4
Questions: Nicole 772-563-7183 or Pat 772-205-1995 or email [email protected]
Checks payable to: Veterans Council of Indian River County
Mail to: Veterans Council IRC, PO Box 1354, Vero Beach, FL 32961
Proceeds will support programs for Indian River County veterans The Veterans Council IRC is a 501 (C)(3) non-profit.
5
?:nis is to certify tliat
(Brian 'Wilfuimson
is here6y presentetf this
~tirement }lwara
for outstandino performance antf
faitlifu{ service to
Intfuzn (Jover County (Boartf of County Commissioners
Por thirty years of service
On this 15th aay of:May 2016
J ofin 'l(j11fJ -;~ '=~~'
<Bo6Sofari (Director of P.mer9ency Services (]3oara of County Commisswner, Cliairman
PROCLAMATION
HONORING BRIAN WILLIAMSON ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE
WHEREAS, Brian Williamson retired from Indian River County Fire Rescue effective May 15, 2016; and
WHEREAS, Brian Williamson began his career with Indian River County on June 13, 1986, as a Fire.fighter. He was promoted to Driver/Engineer in. 1991, and by 1996, he had earned the title of Lieutenant in which capacity he served until his retirement; and
WHEREAS, Brian Williamson has served this County and the Public with distinction and selflessness. During his thirty years of service, he was dedicated and his work has been greatly appreciated by his employer, citizens and co-workers alike; and
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMll-fISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Brian Williamson's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River Coun(v for the last thirty years; and
BE IT FURTHER PROCLAIME'D that the Board of County Commissioners and staff extend heartfelt wishes/or success in hisjitture endeavors.
Adopted this 10111 day of May 2016.
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960
TO:
FROM:
THRU:
DATE:
SUBJECT:
HONORABLE BOARD OF COUNTY COMMISSIONERS
DIANE BERNARDO, FINANCE DIRECTOR
JEFFREY R. SMITH, COMPTROLLER ~/J-Apnl 28, 2016 · t,I"'-' APPROV AL OF CHECKS AND ELECTRONIC PAYMENTS April 22, 2016 to April 28, 2016
In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes.
Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of April 22, 2016 to April 28, 2016. Attachment:
DLB:DB
8
CHECKS WRJTTEN
TR.\NS NBR DATE VENDOR AMOUNT 338788 04/28/2016 PORT CONSOLIDATED INC 12,953.69 338789 04/28/20 ] 6 JORDAN MOWER INC 319.51 338790 04/28'20 16 TEN•8 FIRE EQUIPMENT INC 6,816.59 338791 04/28/2016 RA'NGER CONSTRUCTION IND INC 340.68 338792 04.'2812016 VERO CHEMICAL DISTRIBUTORS INC 1,576.05 338793 04/2812016 RJCOH USA INC 140.95 338794 04/28/201 6 AT&T WIRELESS 1,148.73 338795 04.128/20 l 6 AT&T WIRELESS I, I 71.20 338796 04/28/2016 BG KENN INC 169.00 338797 04/28.120 16 KELLY TRACTOR CO 2.091.81 338798 04/28/201 6 GENES AUTO GLA SS JN C 270.00 338799 04/28/2016 REPUBLIC SERVICES INC 244,878.22 338800 04/28/20 16 MASTELLER MOLER & TAYLOR INC 33.149.00 338801 04/28/201 6 ROWMAN & LITTLEFIELD PUBLISHING GROUP INC 85.30 338802 04/28/20 16 BOUND TREE MEDICAL LLC 2,996 .10 338803 04:'28/20 16 TIRESOLES OF BROWARD INC 2,346.76 338804 04/28/20 16 CARTERASSOCIATES TNC 13,024.25 338805 04/28/2016 CHILDCARE RESOURCES OF lRC INC 18,888.88 338806 04/28/20 16 GOODYEAR AUTO SERVJCE CENTER 50.00 338807 04/28/2016 SIGNS IN ADAY 165.00 338808 04/28/20 16 BAK.ER & TAYLOR INC 4.408.82 338809 04/28/20 ]6 MlD\VEST TAPE LLC 1,435 .73 338810 04/28/2016 PRECISION CONTRACTING SERVJCES INC 2.060.00 338811 04128/2016 MICROMARKETING LLC l 03 .09 3388 12 04/28/2016 ATKINS NORTH AMERICA INC 816.72 338813 04/28/2016 CENGAGE LEARNING CORPORATION 209.17 338814 04/28/2016 GREENE INVESTMENT PARTNERSHIP LTD 3,426.04 338815 04/28/201 6 PST SERVICES INC 30,502.84 338816 04/28/2016 CLERK OF CIRCUIT COURT 1,963 .80 338817 04/28/201 6 INDIAN RIVER COUNTY HEALTH DEPT 23.611 .58 338818 04/28/2016 MEDlCAL EXAMINERS OFFICE 27.016.58 338819 04128/2016 VICTIM ASSISTANCE PROGRAM 5,568.58 338820 04/28/2016 ROGER J NJCOSJA 1,500.00 338821 04/28/201 6 CITY OF VERO BEACH 4,773 .75 338822 04/28/2016 CITY OF VERO BEACH 2,056.33 338823 04/28/2016 CITY OF VERO BEACH 11,612.50 338824 04/28/2016 PETTY CASH 102.75 338825 04/28/2016 .JANITORIAL DEPOT OF AMERJCA INC 823 .92 338826 04/28/2016 ARTHUR J GALLAGHER RISK MGMT SERV INC 302.00 338827 04/28/2016 WAL M.ART STORES EAST LP 599.55 338828 04/28/2016 ACUSHNET COMPANY 294.21 338829 04/28./20]6 INTERNATIONAL GOLF MAINTENPL.'NCE INC 88,1 48.43 338830 04/28/2016 EXCHANGE CLUB CASTLE 2,582.52 338831 04/28/2016 WEST PUBLISHING CORPORATION 316.00 338832 04/28/2016 FEDERAL EXPRESS CORP 72.57 338833 04/28/2016 ROSEN CENTRE HOTEL 429.00 338834 04/28/2016 ROSEN CENTRE HOTEL 715.00 338835 04/2812016 FLORIDA PO\VE R AND LIGHT 107,823 .24 338836 04/28/2016 FLORIDA POWER AND LIGHT 510.24 338837 04/28/2016 KETTELA ENTERPRISES 660.92 338838 04/28/2016 GIFFORD YOUTH ACTIVITY CENTER INC 2,500.00 338839 04/28/2016 JOSEPH A BAIRD 510.00 338840 04/28/2016 SUNSHINE LAND DESIGN 225,813 .08 338841 04/28/2016 IRC HEALTHY START COALITION INC 500.00 338842 04/28/2016 IRC HEALTHY START COALIT ION INC 2,500.00 338843 04/28/2016 GREY HOUSE PUBLISHING 140.87 338844 04/28/2016 G K ENVIRONMENTAL INC 10,4 14.02 338845 04/28/2016 DONALD JONES 108.00
9
TRANS NBR DATE VENDOR AMOUNT 338846 04/28/2016 JOHN BROWN & SONS INC 6,662.50
338847 04/28/2016 CHILDRENS HOME SOCIETY OF FL 2,750.00
338848 04/28/2016 FLORIDA OUTDOOR EQUIPMENT INC 5,031.00
338849 04/2812016 SCHOOL DISTRICT OF 1 R COUNTY 23.325.00 338850 04/28/2016 RUSSELL PAYNE INC 641.34
338851 04/28/2016 TRANE US INC 29,417.70 338852 04/28/2016 SHANNARION \\-'RIGHT 100.00
338853 04/28/20] 6 CINTAS CORPORATION NO 2 80.68
338854 04.128/2016 JOSEPH W VASQUEZ 75.00
338855 04i28!20i 6 BIG BROTHERS AND BIG SISTERS 1,250.00
338856 04/28/2016 BIG BROTHERS AND BIG SlSTERS 1.829.68
338857 04/28/2016 THE SHERWIN WILLIAMS CO 479.25
338858 04/28/2016 ADAMS HOMES OF NORTHWEST FLA 6.651.51 338859 04/28/2016 MBV ENGINEERING INC 154.30
338860 04/28/2016 ETR LLC 496.9!
338861 04/28/2016 STAPLES CONTRACT & COMMERCIAL INC l,773.27
338862 04/28/2016 COAST TO COAST BUILDERS OF FLORIDA INC 3,703.00
338863 04/28./2016 GARY L EMBREY 50 .00 338864 04/28/2016 ARDAMAN & ASSOCJATES INC 4.227.50
338865 04/28/2016 COMMUNICATIONS BROKERS & CONSULTANTS lNC 2.94
338866 04/28/2016 JOHNNY B SMJTH 75.00
338867 04/28/2016 MOORE MEDICAL LLC 559.85
338868 04/28/2016 FISHER & PHILLIPS LLP 3,982.50
338869 04/28/2016 KATHLEEN P DOUGHERTY 40.00
338870 04/28/2016 RENAE CHANDLER 30.00 338871 04/28/2016 VERO BEACH BROADCASTERS LLC 875 .00
338872 04/28/2016 TRITEL fNC 49.50
338873 04/28/2016 LAZE1'1BY & ASSOCIATES INC 1,004.00
338874 04/28/2016 KNAP HEIDE TRUCK EQUIPMENT SOUTHEAST 517.12
338875 04/28/2016 ATLANTIC COASTAL LAND TITLE CO LLC 75.00
338876 04/28/2016 YOUR AQUA INSTRUCTOR LLC 30.00
338877 04/28/2016 OVERDRIVE INC 870.91 338878 04/2812016 HEATHER HATTON 70.00 338879 04/28/20]6 GFA lNTERc"l\JATIONAL INC 250.00
338880 04/28/2016 TIM ZORC 439.93
338881 04/28/2016 BRYAN KLASSEN 450.00
338882 04/28/2016 LOWES HOME CENTERS INC 1,194 .11
338883 04/28/2016 LABOR READY SOUTHEAST INC 5,803.20
338884 04/28/2016 BURl\1ETT LIME CO INC 3,213.00 338885 04/28/2016 APRIL HOLTON 50.00 338886 04/28/20]6 PENGUIN RANDOM HOUSE LLC 24.00 338887 04/28/20] 6 STR.A.IGHT OAK LLC 282.99
338888 04/28/2016 ROBERT GARST 456.08
338889 04/28/2016 RDW QUALITY BUILDERS LLC 18,755.00
338890 04/28.12016 TRINOVA-FLORJDA INC 2,789.26
338891 04/28.!2016 BERNARD EGAN & COMPAJ\.'Y 709.13
338892 04/28/2016 INTEGRITY LAWNS LLC 1,750 00 338893 04128/20 16 GIVING KlDZACHA.NCE INC 1,667.00 338894 04/28/2016 CORJ'lliRSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 338895 04/28/2016 HAWKINS INC 2,907.25
338896 04/28/2016 LONGHORN LANDSCAPING A}ff) SOD LLC 5,166.00
338897 04/28/2016 TK6 INC 4,470.00
338898 04/28/2016 JOSEPH DIZOJ\.'NO 75.00
338899 04/28/2016 GENUil\TE PARTS COMPANY 384.44
338900 04/28/2016 CATHEDRAL CORPORATION 1,188.84
338901 04/28/2016 UNIFIRST CORPORATlON 333 .37 338902 04/28/2016 STEARNS, CONRAD AND SCHMIDT 8,422 .21
338903 04/28/20 16 VCA ANIMAL HOSPITALS INC 41.37
338904 04/28/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 282.36
338905 04/28/2016 GOTTA GO GREEN ENTERPISES INC 8i.84
10 2
TRANS NBR DATE VENDOR AMOUNT 338906 04/28/20]6 ADVANCE STORES COMPAA'Y INCORPORATED 797.42
338907 04/28/2016 THE GIFFORD FLORIDA YOUTH ORCHESTRA 1,890.00
338908 04/28/2016 EGP DOCUi\1ENT SOLUTJONS LLC 205.25 338909 04/28/20]6 CROSSOVER MISSJON 6.385. l 7 338910 04/28/2016 FLORIDA EAST COAST HOLDINGS CORP 6.804.00 338911 04/28/2016 STEVES FROZEN CHILLERS OF FLORIDA SPACE COAS" 288.00 338912 04/28/2016 STRUCTURAL ENGINEERING INSPECTJON INC 350.00
338913 04/28/2016 MARGARET AMBROSE 4 1.23 338914 04/28/2016 UTIL REFUl\1DS 39.58 338915 04i28/2016 UTILREFUNDS 31.83 338916 04/28/2016 UTIL REFllNTIS 37.20 338917 04/28/2016 UTILREFUNDS 38.61 338918 04/28/2016 UTIL REFUNDS 39.62 338919 04/28/2016 UTIL REFllNTIS 76.57
338920 04/28/2016 UTILREFUNDS 42.04
338921 04/28/2016 UTlL REFUNDS 40.33
338922 04/28/2016 UTIL REFUNDS 15.81
338923 04/28/20}6 UTILREFUNDS 89.37 338924 04/28/2016 UTTLREFUNDS 190.97 338925 04/28/2016 UTIL REFUNDS 2 18.00 338926 04/28/2016 UTILREFUNDS 104.01
338927 04/28/2016 UTIL REFUNDS 25.37
338928 04/28/2016 UTIL REFl}NDS 97.28
338929 04/28/2016 UTIL REFl.JNDS 45.03 338930 04/28/2016 UTIL REFUNDS 34.49 33893] 04/28/2016 UTILREFUNDS 44.3]
338932 04/28/2016 UTIL REFUNDS 15.37 338933 04/28/20] 6 UTIL REFUNDS 85.17 338934 04/28/2016 UTJL REFUNDS 69.64
338935 04/28/2016 UTIL REFUNTIS 69.01
338936 04/28/2016 UTlL REFUNDS 97.28
338937 04/28/2016 UTil_ REFUNDS 72.81 338938 04/28/2016 UTIL REFUNDS 183.32 338939 04/28/2016 UTIL REFUNDS 34.39 338940 04/28/2016 UTILREFUNDS 49.09 338941 04/28/2016 UTILREFUNDS 80.49 338942 04/28/2016 UTILREFUNDS 178.90 338943 04/28/20]6 UTIL REFUNDS 43.03 338944 04/28/2016 UTIL REFUNTIS 43.83
338945 04/28/2016 UTIL REFUNDS 43.15
338946 04/28/2016 UTIL REFUNDS 71.21 338947 04/28/2016 UTIL REFUNDS 28 .34 338948 04/28/2016 UTILREFUNDS 383.68 338949 04/28/20] 6 UTILREFUNDS 48.73 338950 04/28/201 6 UTILREFUNDS 30.74
338951 04/28/2016 UTIL REFUNDS 51.84 338952 04/28/2016 UTIL REFlJNDS 44.60
338953 04/28/2016 UTIL REFUNDS 72.97 338954 04/28/2016 UTILREFUNDS 54.17
338955 04/28/2016 UTJL REFUNDS 44 .80
338956 04/28/2016 UTIL REFUNDS 75. 16 338957 04/28/2016 UTIL REFUNTIS 47 .23 338958 04/28/2016 UTIL REFUNDS 82.50 338959 04/28/2016 UTILREFUNDS 21.68
338960 04/28/2016 UTIL REFUNDS 55.91
338961 04/28/2016 UTIL REFUNDS 68.85
Grand Total: 1,088,224.79
u 3
ELECTRONIC PAYivIBNT - VISA CARD
TR.<\.NS. NBR DATE VENDOR AMOUNT 1008868 04/22/2016 PARKS RENTAL & SALES INC 350.75 1008869 04/22/2016 PRAXAIR DISTRIBUTION SOUTHEAST LLC 803.90 1008870 04/22/2016 COPYCOINC 313.69 1008871 04/22/2016 SAFETY PRODUCTS INC 270.84 1008872 04/22/2016 Il\1DlAN RNER BATTERY 131.45 !008873 04/22/2016 MIKES GAR.AGE & WRECKER SERVICE INC 140.00 1008874 04/22/2016 PLAYCOR.E HOLDINGS INC 28.843.27 1008875 04/22/2016 NEWMANS POWER SYSTEMS 3,476.38 1008876 04/22/2016 WORLD INDUSTRJAL EQUIPMENT INC 847.86 1008877 04.122/2016 WlGINTON CORPORA.TJON 4.3 76.00 1008878 04/22/2016 NEC CORPORATION OF AMERJCA 602.55 1008879 04/22/2016 TOTAL TRUCK PARTS INC ]54.72 1008880 04/22/2016 RECHTIEN INTERNATIONAL TRUCKS 2.135.53 1008881 04/22/2016 SYNAGRO-WWT INC 26,11 4.81 ]008882 04/22/2016 SOUTHERN .IA..NITOR SUPPLY INC J .743.80 1008883 04/22/2016 PACE ANALYTICAL SERVICES INC 188.00 1008884 04/22/2016 ALLIED DIVERSIFIED OF VERO BEACH LLC 45.00 1008885 04/22/2016 EVERGLADES FARM EQUIPMENT CO INC 147.52 1008886 04/22/2016 HELENA CHEMICAL 971.45 1008887 04/22/2016 COLD AIR DISTRIBUTORS WAREHOUSE 15.85 1008888 04/22/2016 INDIAN RIVER BATTERY 597.00 1008889 04/22/2016 DEMCO INC 343.86 1008890 04/22/2016 APPLE INDUSTRIAL SUPPLY CO 282.32 1008891 04/22/2016 ABCO GARAGE DOOR CO JNC 117.00 1008892 04/22/2016 GROVE WELDERS INC 33.10 1008893 04/22/2016 FIRST HOSPITAL LABORATORIES INC 158.95 1008894 04/22/2016 COMMlJNITY ASPR.\LT CORP l 17.04 1008895 04/22/2016 GLOBAL GOLF SALES INC 410 .51 1008896 04/22/2016 COMPLETE ELECTRlC INC 3.928.00 1008897 04/22/2016 ECONOLITE CONTROL PRODUCTS JNC 638.00 1008898 04/22/2016 FLAGLER CONSTRUCTION EQUIPMENT LLC 660.70 1008899 04/22/2016 CAPlTAL OFFICE PRODUCTS 1,089.50 1008900 04/22/2016 BENNETT AUTO SUPPLY INC 192.81 1008901 04/22/2016 AUTO PARTNERS LLC 721.37 1008902 04122/2016 L&L DISTRIBUTORS 45.38 1008903 04/22/2016 C01JNTY MATERIALS CORPORATION 849.04 1008904 04/22/2016 IMA GENET CONSlJLTJNG LLC 91.35 1008905 04/28/2016 PRAXAIR DISTRIBUTION SOUTHEAST LLC 350.18 1008906 04/28/2016 COPYCOINC 84.21 1008907 04/28/2016 MIKES GARAGE & WRECKER SERVICE INC 255.00 1008908 04/28/2016 SOUTHERN COMPUTER WAREHOUSE 81.36 1008909 04/28/2016 DEERE & COMPANY 2,118.38 1008910 04/28/20)6 PRJDE ENTERPRJSES 446.49 1008911 04/28/2016 SOUTHERN JANITOR SUPPLY INC 799.20 1008912 04/28/2016 METRO FIRE PROTECTION SERVICES INC 37.00 1008913 04/28/2016 PACE ANALYTICAL SERVICES INC 160.00 10089]4 04/28/2016 SCRIPPS NP OPERATING LLC 2,712.25 1008915 04/28/2016 AT&T 11 ,132.29 1008916 04/28/2016 OFFICE DEPOT BSD CUSTOMER SVC 951.13 1008917 04/28/2016 COMCAST 104.85 1008918 04/28/2016 POLYDTu"'E INC 2,507 .00 1008919 04/28/2016 BRIDGESTONE GOLF INC 134.89
Grand Total: 103,823.53
12
ELECTRONlC PAYJv:!ENTS - WIRE & ACH
TRAJ'IS NBR DATE VENDOR AMOUNT 4284 04/22/2016 R W WILSON AND ASSOClATES LLC 4.090.00
4285 04/22/2016 BLUE CROSS & BLlJE SHIELD OF FLORIDA INC 5,261.76 4286 04/22/2016 MUTUAL OF OMAHA 2 ,095.00
4287 04/22/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,188.80 4288 04/22/2016 HEALTH ADVOCATE 369.60
4289 04/22/2016 TEAMSTERS LOCAL UNION #-769 5,584.00
4290 04/22/2016 NA CO/SOUTHEAST 26.247.01
4291 04/22/2016 IRC FIRE FIGHTERS ASSOC 6.720.00
4292 04/22/2016 NA CO/SOUTHEAST 674.14
4293 04122!2016 ICMA RETIREMENT CORPORATION 11 ,145.40 4294 04/22/2016 ]CM<\ RETIREMENT CORPORATION 2,300.00
4295 04/22/2016 BENEFITS WORKSHOP 8.651.38 4296 04/22/2016 FLORIDA LEAGUE OF CJTJES, INC 7 .930.65
4297 04/22/2016 FLSDU 5,004.37
4298 04/25/2016 INDIAN RIVER COUNTY PROPERTY APPRAISER 251,877.90
4299 04/25/2016 IRS-PAYROLL TAXES 422,118.41
4300 04/25/2016 ELITE TITLE 5.569.00 430] 04/26/2016 SENIOR RESOURCE ASSOCIATION 189.050.00 4302 04/28/2016 FLORIDA DEPT OF FINANCIAL SERVICES 8,789.17
4303 04/28/20) 6 SCHOOL DISTRICT OF I R COUNTY 12,748.30
Grand Total: 987,414.89
13
Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney
CONSENT: 5/10/16
Ojfiaef 28 INDIAN RIVER COUNTY
ATTORNEY
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
The Board of County Commissioners
Dylan Reingold - County Attorney i May 2, 2016
Wild Turkey Sand Mine - Third Phase Cash Deposit and Escrow Agreements for Compliance and Restoration
In 2009 the Planning and Zoning Commission approved the request for major site plan and administrative permit use approval for a sand/coquina mine known as Wild Turkey; and both compliance and restoration security in the form of cash were posted for Phase 1. Phase 1 was restored and, in June of 2015, the posted funds were transferred to the second phase. The second phase has now been restored to the satisfaction of the County based on site inspection, and the developer is ready to proceed to the third phase and wishes to transfer those funds presently in escrow with the County from the second phase to its third phase.
Attached for your approval are both the compliance and restoration Cash Deposit and Escrow Agreements for the third phase - the compliance security is in the amount of $49,800.00; and the restoration security is in the amount of $67,710.90. Both agreements earmark the transfer of the funds.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the attached two compliance and restoration Cash Deposit and Escrow Agreements with regard to the transfer from the second phase to the third phase.
/nhm Attachments
Approved for May 10, 2016 BCC Meeting CONSEN~
~ COUNTY ATTORNEY
Indian River Co. Approved Date
Administrator
County Attorney
Budget
Department Risk Management
14
THIRD PHASE
CASH DEPOSIT AND ESCROW AGREEMENT FOR
COMPLIANCE
RE: WILD TURKEY SAND MINE SP-MA-07-10-34 (2004120019-59695)
THIS AGREEMENT is entered into this __ day of ____ _ 2016, by and between Wild Turkey Estates of Vero, L.L.C., a Florida limited liability company (Developer), Duane C. Pankratz, party posting security (Funder), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County):
WITNESSETH:
WHEREAS, Developer is mining certain property within Indian River County and is required to post security insuring compliance with the requirements of the approved mining site pfa:111; Indian River County Code Section 934.07; ahd restoration of the site; and
WHEREAS, in March, 2011, Funder posted $49,800.00 cash to guarantee compliance with the requirements of the approved mining site plan for Phase I; said Phase I having since been restored to the satisfaction of the County based on site inspection, and the posted funds were transferred to the second phase; and
WHEREAS, the second phase has been restored to the satisfaction of the County based on site inspection, and the Developer is now desirous to move into the third phase; and
WHEREAS, Developer and Ft.mder wish to transfer the entire $49,800.00 cash l:>eing held by CoLJnty, from the second phase to the third phase,
NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows:
1. The Developer and Funder agree to the transfer of the entire $49,800.00 from the second phase to the third phase, as depicted on the attached map; said sum shall continue to be held in escrow by the County Office of Management and Budget (Escrow Agent), but earmarked/obligated for the third phase, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site plan compliance.
15
2. Upon completion of the restoration of each mine phase, tile Developer or Funder may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County.
3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Funder (the party that posted the funds), or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment.
4. Upon failure to comply with all the requirements of the site plan approval, including but not limited to unapproved off~site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mirting of i:idditional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoratiQn, restoration not completed within the approved time frame, restoration not consistent with Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits ii;sued by other Jurisdictional agencies, the County may utilize escrowed funds to achieve compliance or restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds Shctll be disbursed to the County upon receipt by the Office of M~magement and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the miQing approval, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Funder (the party that posted the funds}, or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment, at the completion of site restoration
5. Any interest earned during the term of escrow, less administrative expenses; shall be disbursed at close of escrow unless necessary for County to utilize in cure of developerts default.
2 16
6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer and/or Funder while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site.
7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney.
8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or her~to shall be in writing, and executed by authorized representatives of each party,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners.
Signed in the presence of:
~i~~t ~~::=~xM /\ .· .· C
si~n name_:_(f~ntp,. u/ c'rt1 ~it-,~
pnnt name: ''-- 1t.nr~.,.- SI) lano
Date: 1:-c}q-/(J)
Signed in the presence of:
~~~~! ~~r;;,::~ I\ / ) sign narrk:h"f· ~~ B · L)10J1( fiul,, ~ print narn~: :r nn:~ y-=r> ··· uane C. Pankratz
Date: l./-;J9-I~
3 17
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
By: __________ _ Deputy Clerk
OFFICE OF MANAGEMENT AND BUDGET
By:·--,----~--Jason E Brown 0MB Director
BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
By: _____________ _
Bob Solari, Chairman
BCC approved: -----
(SEAL)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
B ,/~"-.---------~ ~Dylan Reingold
County Attorney
4
18
19
THIRD PHASE
CASH DEPOSIT AND ESCROW AGREEMENT FOR
RESTORATION
RE: WILD TURKEY SANO MINE SP-iVIA--07-10-34 (2004120019-59695)
THIS AGREEMENT is entered into this _. _ day of ____ _ 2016, by and between Wild Turkey Estates of Vero, L.L.C., a Florida limited liability company (Developer), Duane C. Pankratz, party posting security (Funder), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County):
WITNESSETH:
WHEREAS, Developer is mining certain property within Indian River County and is required to post bonds insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site; and
WHEREAS, in March, 2011, Funder posted $83,867.74 cash to guarantee compliance with the restoration requirements of the approved mining site plan for Phase 1; and in May, 2011 the posted security was reduced to $67,710.90 due to a portion of the restoration requirements being already posted With Sebastian River Improvement District for canal right-of-way restoration; and
WHEREAS, Phase 1 was restored to the satisfaction of the County based on site inspection and the posted funds Were transferred to the second phase; and
WHEREAS, the second phase has been restored to the satisfaction of the County based on site inspection, and the Developer is now desirous to move into the third phase; and
WHEREAS, Developer and Funder wish to transfer the entire $67,710,90 cash being held by County, from the second phase to the third phase,
NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows:
1. The Developer and Funder agree to the transfer of the entire $67,710.90 from the second phase to the third phase, as depicted on the attached map; said sum shall continue to be held in escrqW by the GQunty Office of Management and Budget (Escrow Agent), but earmarked/obligated for the
.20
third phase; subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site res to ration.
2. Upon completion of the restoration of each mine phase, the Developer or Funder may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County.
3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Funder {the party that posted the funds), or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment
4. Upon failure to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frcime, restoration not consistent with the restoration plan and Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other Jurisdictional agencies; the County may utilize escrowed funds to achieve restoration. AU funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Saki funds shali be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chctpter 934 restoration conditions of the mining approval, and that said fum::ls are necessary to achieve restoration. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Funder, its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment, at the completion of site restoration.
5. Any interest ec:1rned during the term of escrow, less administrat;ve expenses, shall be disbursed at close of escrow unless necessary for County to utifl.ze in cure of developer's default.
6. The funds deposited hereunder exist solely for the prote¢tioh, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, fo benefit or secure payment to any contractor,
2 .21
subcontractor, laborer, materialm(ln, architect, engineer; attorney or other party providing labor, material, supplies, or services to Developer and/or Funder while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site.
7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney.
8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals:. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners.
Signed in the presence of:
Date: lf-{f/-J &
Signed in the presence of:
~;~~~!~~~~ ( ·.
sign namti~v ,r~DL@ pnnt name. _ _ ~-- ~ c...n-o
Date: lf .a,q_/t.;
3 .21
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
By: ___ ~~~~----Deputy Clerk
OFFICE OF MANAGEMENT AND BUDGET
By:_~c--=-----Jason E. Brown 0MB Dir~ctor
BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
By: _____________ _ Bob Solari, Chairman
BCC approved: ____ _
(SEAL)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
4
Dylan Reingold County Attorney
.23
(.
WILO ruRKtY SMID. MINE
------=ft .. --- ------ I ! .l ·!
- ·· .-·~ :,;. ~ia.tm . . ~ J;f ---
Dylan Reingold, County Attorney
CONSENT: 5/10/16
Office of ~~e_•
INDIAN RIVER COUNTY ATTORNEY
William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM
TO: Board of County Commissioners
FROM: William K. DeBraal - Deputy County Attorney~-
DATE: April 29, 2016
SUBJECT: Resolution Canceling Taxes on Property Purchased by Indian River County for Surface Water Storage and Treatment
A Resolution has been prepared for the purpose of canceling any delinquent or current taxes which may exist on property purchased by Indian River County from RREF RB 2012 LT1-FL PHP, LLC, a Florida limited liability company, for surface water storage and treatment. This property is located at 925 5th Street SW, east of the Osprey Marsh Algal Turf Scrubber site. Said property is fully described in that certain Warranty Deed recorded in Book 2916, Page 850 of the Public Records of Indian River County, Florida.
FUNDING:
There is no cost associated with this item.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled.
/nhm Attachment: Resolution
cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser
Approved for May 10, 201 BCC Meeting CONSENT
Indian River Co.
Admin.
Co. Atty.
Budget De artment Risk Management
.25
Parcel Nos. 33-39-24-00000-5000-00001.0 and 33-39-24-00000-5000-00024.0 Purchased by Indian River County from RREF RB 2012 L T1-FL PHP, LLC, a Florida limited liability company Public Purpose: for surface water storage and treatment (alternative source of potable water)
RESOLUTION NO. 2016---
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
1 26
RESOLUTION NO. 2016---
to make proper entries upon the records to accomplish such cancellation and to
do all th ings necessary to carry out the provisions of section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that:
1. Any and all liens for taxes delinquent or current against the following
described lands purchased from RREF RB 2012 LT1-FL PHP, LLC, a Florida
limited liability company for surface water storage and treatment, are hereby
cancelled pursuant to the authority of section 196.28, F .S.
See attached Warranty Deed recorded in Book 2916, Page 850, Public Records of Indian River County, Florida.
2. The Clerk to the Board of County Commissioners is hereby
directed to send a certified copy of this resolution to the Tax Collector and the
Property Appraiser with a copy to each of Fixed Assets, Budget, and the County
Attorney's Office.
The resolution was moved for adoption by Commissioner ___ _ _
and the motion was seconded by Commissioner _ _ _ _ _ , and, upon
being put to a vote, the vote was as follows:
2 27
RESOLUTION NO. 2016-__
Bob Solari, Chairman
Joseph E. Flescher, Vice Chairman
Wesley S. Davis
Tim Zorc
Peter D. O'Bryan
The Chairman thereupon declared the resolution duly passed and
adopted this __ day of May, 2016.
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA
By ______________ _
ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller
By: _ __________ _ Deputy Clerk
ax Certificates Outstanding _ L . Yes No ~
Current Prorated Tax Received and A)~/ (l ~3 Deposited With Tax Collector $..Ji 6 •
Bob Solari, Chairman
3 .28
1120160012331 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL lK: 2916 PG: 850, 3/3/201612:4.1 PM D DOCTAX PD $7,000.00
This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 46082136 Property Appraisers Parcel Identification (Folio) Number: 33-39-24-00000-5000-0000I/O
Florida Documentary Stamps in the amount of$7,000.00 have been paid hereon.
_________ ____ Space above this line for Recording Data ______ ______ _
WARRANTY DEED THIS WARRANTY DEED, made the 24th day of February, 2016, by RREF RB 2012 LTl•FL PHP, LLC, a Florida limited liability company, whose post office address is 790 NW 107 Avenue, Suite 400, Miami, FL 33172, herein called the Grantor, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals. and the successors and assigns of corporations)
WITNESS ETH: That the Grantor, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Subject to easements, restrictions and reservations of record and taxes for the year 2016 and thereafter.
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
TO HA VE AND TO HOLD, the same in fee simple forever.
AND, the Grantor hereby covenants with said Grantee that the Granter is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2015.
File No.: 46082136
LTf
29
3K: 2916 PG: 851
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written.
Witness #I Signature
~o~~
RREF RB 2012 LTl-FL PHP, LLC, a Florida limit, liability company
Witness #2 Printed Name
By: RREF RB 2012 LTI, LLC, a Delaware limited liability company, its sole member
By: Rialto Capital Advisors, LLC, a Delaware limit IiabiJity com · rne -i -fact
Title: Authorized Signatory
By: ~~ Name: R2AJJ~ L..\P..NO
Title: Authorized Signatory
State of Florid~ , ~ County of HI a.m I - t<-,. . w.e,... The foregoing instrument was acknowledged before me this~ day of ~ · 2016, by ~ YI t:5~ ,/
and PrW.. l..\Q+O , Authorized Signatory ofRREF RB 2012 LTl-FL PHP, LLC, a Florida limited liability company who is personally known to me or has produced __________ as identification.
SEAL
My Commission Expires: "1 I S ) 11
File No.: 46082136
Printed Notary Name
MICHELLE SHAFFER MY COMMISSloN t FF 206714
EXPIRES: July 5, 2019 . B<,nded Thrv NotafYPut>5c Und8""ile'"
LTl'
30
BK: 2916 PG: 852
Exhibit "A"
LEGAL DESCRIPTION
PARCEL 3 (remainder) Tract 12, Section 24, Township 33, South, Range 39 East, Indian River Farms Company's Subdivision as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida. Said land now being in Indian River County, Florida. Less the NE 1/4 of said Tract 12.
PARCEL 5 The West 10 acres ofthe Southeast 1/4 of the Southwest 1/4 of Section 24, Township 33 South, Range 39 East, being and lying in Indian River County, Florida.
PARCEL 6 The NE 1/4 of Tract 12, Section 24, Township 33 South, Range 39 East, Indian River Farms Company's Subdivision as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida and the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 24, Township 33 South, Range 39 East. Said land now being in Indian River County, Florida.
PARCEL 7 The Northeast 1/4 of the Southwest J/4 of Section 24, Township 33 South, Range 39 East, Lying West of Lateral "J". Less the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 thereof. Lying and being in Indian River County, Florida.
PARCEL 9 The West 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 24, Township 33 South, Range 39 East, said land lying and being In Indian River County, Florida.
File No. : 46082136
LTT
31
ransact1on Cashier:
Paid By:
kb2
ATLANTIC COASTAL LAND TITLE CO 855 21ST STREET SUITE C VERO BEACH, FL 32960 - -·- - ~------- - ------ -- - -- - --Posted Date: 04/29/2016 10:49AM
Received Via: Mall ------------ -- -- - ------Num.ltems: 2
Total Tendered:
Receipt#:
Batch:
Drawer:
Status:
$5,218.83
141-00001322
155347
141
Complete
Carole Jean Jordan Indian River County Tax Collector
PO Box 1509, Vero Beach, FL 32961-1509
Receipt Item Details Effective Due Paid
Date Advance - - 33 39 24-00000 5000 000010 04/29/2016 $4,882.52 - - - - $4,882.52 Deposit PRO-RATE02018TAXES. GOVT (GOVT PURCHASE RREF RB 2012/IRC F'U_RC_!:!) _______ _ ______ _ _ _ __ _ _ _ _ __ _ _ _ __ __ _ _ __ _ _ _ _ _ _ __
.. -· . Advance 33 39 24 00000 5000 000240 04/29/2018 $336.31 $336.31 Deposit PRO-RATED 2016 TAXES. GOVT (GOVT PURCHASE RREF RB 2012/IRC PURCH} .: ________ = Io!a!: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S5,21a.83 ____ $5.21·a:a3 -
.... - -· - - - ----- ------------------ ----------------- · -
~ - ·- - - --------- --------- - ------------ ------ - - ---- -Payment Details Paid
Check Acc#XXXX0 Chk#7713 $5,218.83
Balance: $0.00
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TO:
THROUGH:
THROUGH:
FROM:
SUBJECT:
DATE:
INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM
Joseph A. Baird, County Administrator
Christopher R. Mora, P.E. Public Works Director
Richard 'B. Szpyrka, P.E.
James D. Gray, Jr. {)U Coastal Engineer
Work Order No. 8 Morgan & Eklund, Inc.
CONSENT AGENDA
2016 Beach Profile Monitoring Surveys - Summer
April 28, 2016
DESCRIPTION AND CONDITIONS
On October 1, 2013, the Board approved a contract with Morgan & Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a one-year term. The Board amended the contract on October 7, 2014 and again on September 15, 2015; renewing the contract until September 30, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services.
The proposed Work Order No. 8 provides summer-time countywide hydrographic surveying (beach profile) services for the Sector 3 and Sector 7 Beach Restoration Projects and additional surveying to complete a 2016 countywide (22.4 miles) monitoring program. Beach profile surveys are necessary to identify shoreline and volumetric changes throughout the County. All onshore and offshore beach profile surveys are conducted along The Florida Department of Environmental Protection (FDEP) Range Monuments at approximately 1,000 foot intervals (alongshore) and extend from the vegetated dune seaward to a location approximately -40 feet offshore (crosshore). For project tracking purposes, Work Order No. 8 is divided into three (3) separate tasks.
Task 1: Summer 2016 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey
By Permit, annual Post Construction hydrographic surveying is required to assess the performance of the Sector 3 Beach and Dune Project area. Task 1 includes all surveying (5.8 miles} required to complete the 2016 physical monitoring of the Sector 3 Beach and Dune Project area. Task 1 totals a lump sum amount of $17,050.
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Page 2 BCC Agenda Item May 10, 2016
Task 2: Summer 2016 Sector 7 Post Construction Monitoring In the spring of 2007, the County completed construction of the Sector 7 Beach Restoration Project. The County has completed all Permit required post construction monitoring for the Sector 7 Project. However, hydrographic surveys of the project area have continued annually to determine the long term performance of the project. Task 2 includes all surveying (2 miles) required to continue the annual monitoring of the Sector 7 Beach Nourishment Project. Task 2 totals a lump sum amount of $6,600.
Task 3: Summer 2016 Countywide Beach Monitoring For the shoreline outside of the Sector 3 and Sector 7 beach projects, countywide beach profile surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure may be vulnerable to storm damage. The beach profile surveys will then be used to determine appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan. Task 3 includes the remaining countywide (9 miles} beach profile surveys. Task 3 totals a lump sum amount of $25,850.
Please note:
The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts beach profile surveys along the northern 5.6 miles ofthe County. The District continues to partner with the County and has agreed to provide their certified 2016 summer beach profile survey data to the County, resulting in a t otal savings of approximately $16,500.
Following completion of the services stated above, Indian River County will have a complete 2016 countywide summer beach profile survey along the entire 22.4 miles of County shoreline. The aggregate of Tasks 1-3 under Work Order No. 8 totals a lump sum amount of $49,500.
FUNDING
Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for Work Order No. 8 will be provided from three (3) separate accounts.
Task 1: Summer 2016 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey
Funding for Task 1 is budgeted and available for monitoring of the Sector 3 Beach Restoration Project in the Beach Restoration Fund, Sector 3 Beach Post Construction Monitoring Account No. 12814472-033490-05054. Task 1 totals a lump sum amount of $17,050.
Task 2: Summer 2016 Sector 7 Post Construction Monitoring Funding for Task 2 is budgeted and available for monitoring of the Sector 7 Beach Restoration Project in the Beach Restoration Fund, Sector 7 Beach Preservation Monitoring Account No. 12814472-033490-05079. Task 2 totals a lump sum amount of $6,600.
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Page 3 BCC Agenda Item May 12, 2015
Task 3: Summer 2016 Countywide Beach Monitoring Funding for Task 3 is budgeted and available for countywide beach surveys in the Beach Restoration Fund, Other Professional Services Account No. 12814472-033190-01024. Task 3 totals a lump sum amount of $25,850.
RECOMMENDATION
The recommendation of staff is for the Board to approve Work Order No. 8 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc. and authorize the Chairman to sign on behalf of the County.
ATTACHMENT
Morgan and Eklund, Inc. Work Order No. 8 {1 original copy)
APPROVED AGENDA ITEM
FOR: May 10, 2016 Indian River County
Administration
Budget
Legal
Public Works
Coastal Eng. Division JOb
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Board of County Commissioners Administration - Building A
1801 27th Street Vero Beach, Florida 32960
Telephone: (772) 567-8000 FAX: 772-778-9391
Project: 2016 Summer Countywide Beach Profile Monitoring Surveys
WORK ORDER NO. 8 {Hydrographic Surveying) FOR
PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES
WITH
MORGAN AND EKLUND, INC In accordance with Contract No. 1333 2014-2015
This Work Order No. 8 is in accordance with the existing AGREEMENT dated October 1, 2013 and as amended October 7, 2014 and September 15, 2015 between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 8 amends the agreement as follows:
SECTION I - PROJECT LIMITS
This Work Order No. 8 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the Summer 2016 Countywide Beach Profile Monitoring Surveys; Florida Department of Environmental Protection Reference Monuments R-30 - R-119.
SECTION II - SCOPE OF SERVICES
As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 8; specifically detailed in the attached proposal Exhibit A.
SECTION Ill -TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT
1. Project shall be completed as follows:
a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package.
b. Time of FINAL project completion shall be within 1 O calendar days of receipt of the County's review comments from the 100% "Paper Submittal".
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Countyw ide Beach Profile M o nitoring Surveys -- WO 8 signature page.docx
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IRC Work Order No. 8 Morgan and Eklund, Inc Summer 2016 Countywide Beach Profile Monitoring Surveys April 28, 2016 Page 2 of 3
2. Deliverables -The SURVEYOR shall provide the COUNTY:
a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal.
b. FINAL Deliverables, one (1) paper "hard copy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD.
c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets.
d. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third-party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large.
e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections 11, 111 and IV or the COUNTY will not approve the SURVEYOR'S request for payment.
SECTION IV - COMPENSATION
The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, and Ill of this Work Order No. 8, for a total lump sum fee of $49,500.
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 approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2015 through September 30, 2016.
All invoicing shall include Work Order No. 8(WO 8), Contract Number (1333). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 1333 with the COUNTY and as stated in Section II, Ill and IV hereon.
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Summer Countywide Beach Profile Monitoring Surveys -- WO 8 signature page.docx 37
IRC Work Order No. 8 Morgan and Eklund, Inc Summer 2016 Countywide Beach Profile Monitoring Surveys April 28, 2016 Page 3 of 3
The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein.
IN WITNESS WHEREOF the parties hereto have executed these presents this ___ day of ________ 2016.
OWNER BOARD OF COUNTY COR.1~RISSIONERS INDIAN RIVER COUNTY, FLORIDA
(Signature) Bob Solsri, Chairman
Approved by sec ______ _
AT"fEST: Jeffrsy R. Smith, Cleric or Court and Compiroller
(Seal) Deputy Clerk
Approved:
Joseph A. Baird, COUNTY Adminis'i:rai:or
Approved as to Form and Legal Sufficiency:
1/14-lii2!t,!/ illiam K. DeBraal, Deputy COUNTY
Attorney
ft~oi'gan and Eklund, inc.
John R. Morgan, Presideni (Printed name and title)
Witnessed by:
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MORGAN & EKLUND, INC.
April 27, 2016
Indian River County Attn: Mr. James Gray, Jr. Coastal Engineer 180 l - 2J1h Street, Building A Vero Beach, Florida 32960
PROFESSIONAL SURVEY CONSULTANTS
RE: Summer 20Hi fodfan RiYer Coui1fy Co~siai Monito:rmg Sm,-vey; Om;hore/Offshore Prcfiles ~Ieng FDEP libnge Lines R-30 'l:o R-119 (90 Lines)
Dear James:
Morgan & Eklund, Inc. is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project.
Beach profiles will include R-30 through R-119, a total of (ninety) 90 beach profile lines. All data collected will be in accordance with the FDEP-approved Physical Monitoring Plan. Morgan & Eklund, Inc. will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. The survey will be performed in June 2016 with drawings and reports completed in August 2016.
Additionally, the landward occurrence ofrock outcroppings will be identified along each profile line.
In accordance with the scope of work as provided, I estimate our costs to be as follows:
I. Summel' 2016 Sedor 3 Beach and Durne Resto.2tio'" Projed Po!it c~nstructfon Monitoriilg Survey {R-38 to R-60)
31 Onshore/offshore profile lines@ $550/line ................................... $17,050.00
n. Summer 2{H6 Sector 7 Pos~ Const.ucti<m Moniforing (R-97 to R-108)
12 Onshore/Offshore profile lines @ $550/line .................................. $ 6,600.00
II!. Summe~ 2016 Com1tywide Beach Monitoring (R-6! to R-96 &ad R-109 tc R-119)
4 7 onshore/offshore profile lines@ $550/line ................................... $25,850.00
Tota~ Cost 1-HI ................................................ $.:89,500.00
As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this project.
JRM:sm
8745 U.S. HIGHWAY 1, P.O. BOX 701420. WABASSO. FL 32970-1420 • PHONE: (772) 388-5364 • FAX: (772) 388-3165 • [email protected] 1500 S.E. COURT, SUITE 110, DEERFIELD BEACH. FL 33441 • PHONE: (954] 421-6882 • FAX: (954) 4 21-0451 • [email protected] J9
TO:
THROUGH:
THROUGH:
FROM:
SUBJECT:
DATE:
INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM
Joseph A. Baird, County Administrator
Christopher R. Mora, P.E. Public Works Director
Richard 8. Szpyrka, P.E. ~ Assistant Public Works Director(J!JJ/
James D. Gray, Jr. ~ Coastal Engineer 't!J:l
CONSENT AGENDA
Work Order No. 13 CB&I Coastal Planning and Engineering, Inc. Sector 3 Beach Restoration Project
2016 Post Construction Physical Monitoring Services
April 27, 2016
DESCRIPTION AND CONDITIONS
On March 19, 2013 the Board approved a contract with CB&I Coastal Planning and Engineering, Inc. (CB&I) for professional coastal engineering services in Indian River County for a two-year term, 2013-2015. On March 17, 2015 the Board renewed the contract until March 19, 2017. CB&I is the selected County consultant for professional physical monitoring services related to the Sector 3 Beach Restoration Project and Sector 3 Dune Repair Project.
The proposed Work Order No. 13 provides year 2016 post construction physical monitoring services to document the fill performance of the Sector 3 Beach Restoration Project Area. By Permit, annual Post Construction Physical monitoring is required following a large scale beach restoration project. The 2016 monitoring entails the following:
• "Year 5" annual post construction physical monitoring of the Phase 2 project area
• "Year 1" annual post construction physical monitoring for the Sector 3 Dune Repair project area
Work Order No. 13 totals a lump sum amount of $49,953.30.
All subsequent annual physical monitoring of the Sector 3 Project area will be addressed through future work orders.
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Page 2
BCC Agenda Item
Sector 3 Beach Restoration April 27, 2016
FUNDING
Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding is budgeted and available for monitoring and of the Secto(3 Beach Restoration project in the Beach Restoration Fund, Sector 3 Post Construction Monitoring Account No.12814472-033490-05054. Additionally, this work order is eligible for SO% state cost through the Florida Department of Environmental Protection Beach Management Funding Assistance Program.
RECOMMENDATION
The recommendation of staff is for the Board to approve Work Order No. 13 to the contract with CB&I Coastal Planning and Engineering Inc. and authorize the Chairman to sign on behalf of the County.
ATTACHMENT
CB&I Coastal Planning and Engineering, Inc. Work Order No. 13 (1 original copy)
APPROVED AGENDA ITEM
FOR: May 10, 2016 Indian River County Approved Date BrQA~~-~ Administration 5;:5. f {J,
s/3/16 Budget
Legal S-J lb
· Public Works '-.f :z.f! 6
Coastal Eng. Division JOG ~lttll~
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WORK ORDER NUMBER 13
SECTOR 3 BEACH RESTORATION PROJECT
2016 PHYSCIAL MONITORING SERVICES
This Work Order Number 13 is entered into as of this_~ day of ____ ____, 2016 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of March 19, 2013 ("Agreement"), and amended March 17, 2015, by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and CB&I Coastal Planning & Engineering Inc. f/k/a Coastal Planning & Engineering, Inc. ("CONSULT ANT").
The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit I, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above.
CONSULTANT BOARD OF COUNTY COMMISSIONERS CB&I Coastal P1anning & Engineering, Inc. OF INDIAN RIVER COUNTY By:~,~
Thomas P. Pierro, P.E., D.CE
Title: Director
Date: ________,'l.~/4-~...:...L7 /2 ......... a:,_;_o..::...Jlll/h'-----_
By:
By:-- ~ ---------Bob Solari, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By: ____________ _
(Seal) Deputy Clerk
Ap roved as to form and legal sufficiency:
By: I/JI{/( DJ_(/ William K. DeBraal, Deputy County Attorney
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Exhibit 1
March 21, 2016
James Gray Indian River County Public Works - Coastal Engineering Division 1801 27th St, Building A Vero Beach, FL 32960
Subject: Work Order #13
CB&I Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd.
Boca Raton, FL 33431 Tel: +1 561 391 8102
Fax: +1 561 391 9116 www.CBl.com
Indian River County Sector 3 Beach Restoration Project and Dune Repair Project Post Construction Physical Monitoring Services - 2016
Dear James:
This proposal outlines a scope of work for CB&I Coastal Planning & Engineering, Inc. (CB&I), f/k/a Coastal Planning & Engineering, Inc. to provide services in support of one year of annual physical monitoring to fulfill
FDEP and USA CE permit requirements of the Sector 3 Beach and Dune Restoration Project constructed between 2010 and 2012 and the Sector 3 Dune Repair Project constructed 20I4/2015. This proposal also includes a third party peer review of the UMAM Analysis performed by CSA, and if necessary, quantification of hardbottom impacts.
The 2016 Physical Monitoring Services entails the following:
• "Year 5" annual post construction physical monitoring of the Phase 2 project area (R-26+500 - R-36),
• "Year 1" annual post-construction physical monitoring for the Sector 3 Dune Repair Project Area (R-24 -R-55).
Physical Monitoring Report
The Indian River County Sector 3 Beach Restoration Project and Dune Repair Project were constructed under permitting authority of the Florida Department of Environmental Protection (FDEP) and United States Army Corps of Engineers (USACE). These permits (FDEP permit No. 0285993-001-JC, FDEP permit modification No.
0285993-008-JN, USACE permit SAJ-2007-01645, and USACE permit modification SAJ-2007-01645(MODA WP)) contain permit conditions pertaining to construction and post-construction periods. FDEP permit
condition 56 (d) requires an engineering report be submitted to the FDEP within 90 days following completion of each post-construction survey.
We understand that Morgan & . Eklund will perform the physical monitoring from R-30 to R-60, and be responsible for certifying the survey data and submitting a survey report to the FDEP. Land & Sea Surveying
Concepts, Inc., via a separate contract with the Sebastian Inlet District, will perform the physical monitoring from R-15 to R-30. They will certify the survey data and submit a separate survey report to the FDEP. CB&I will review both data sets to ensure that it conforms to the standards required by the FDEP physical monitoring plan.
CB&I will notify the County of any issues with the survey data and will participate in a conference call with the County, Morgan & Eklund, and Land & Sea Concepts to discuss any issues.
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CB&I will develop an engineering report that discusses the performance of the beach fill project. We will analyze
shoreline and volumetric changes throughout the project area, identifying erosion and accretion patterns. The
results will be analyzed for patterns, trends or changes between annual surveys as well as cumulatively since
construction. The project was constructed in three phases and the analysis will account for the phased
construction. Furthermore, the report will compare the project performance to the stated design.
Plots of the survey profiles, and graphical representations of volumetric and shoreline positions for the monitoring
area will be presented. Summary tables of the shoreline and volumetric changes will be presented, again looking
at individual and cumulative shoreline and volumetric changes. Volumetric changes will be calculated above
+6.0 feet NAVD; MHW to +6.0 feet, NAVD; -5.0 feet, NAVD to MHW; and -12.0 feet to -5.0 feet, NAVD; and
landward of the approximate edge of hard bottom. The volumetric analysis will be performed similar to the 2015
report to avoid introducing error in the calculations due to the nearshore hardbottom.
CB&I will collect aerials of the project area as discussed more fully later in this scope of work. The aerials will
be collected from R-15 through R-60. Plots of hardbottom change and shoreline position wi11 be overlaid on the aerials and included in the report appendix.
The FDEP approved physical monitoring plan permit modification requires that sand samples be collected during
summer months coincident with the immediate post-construction monitoring event at four beach profile transects
(R-22, R-30, R-41 and R-52). Although sand was only placed between R-24 and R-55 during the Dune Repair
Project, all four transects will be sampled and analyzed for completeness and comparison with past data sets.
Five samples will be collected and analyzed along each transect (toe of dune, mid-berm, MHW, MLW, and -3
feet, NAVD) for a total of20 samples analyzed. We understand that Morgan & Eklund will collect these samples
and ship them to us for analysis. CB&I has a certified laboratory required by FDEP standards to analyze beach
samples. We will follow the FDEP protocols for sieving the samples using 20 sieves ranging in size from -4.25
phi to +4 phi at ½ phi intervals. A cumulative frequency distribution and frequency distribution histogram will be
presented along with a sediment analysis summary sheet providing descriptive statistics, compositional results,
percent fines and Munsell Color. The grain sizes will be compared to previous sediment samples to gauge any changes in grain size or color.
Deliverables
CB&I will submit a draft of the report of the County for review and comment. This will be submitted
electronically (PDF and MS Word formats). CB&I will incorporate comments from the County and revise the
report accordingly. CB&I will then submit an electronic copy to the FDEP. CB&I will submit one hard copy and one electronic copy (PDF) to the County.
Required Data
To perform the physical monitoring evaluation, CB&I will need the following data:
• Survey data in x,y,z format collected in summer of 2016.
o Sand samples collected in summer of 2016.
• Shape file or Auto CAD file of the landward edge ofhardbottom mapped in summer of 2016.
44
Schedule
The draft monitoring report will be completed within 60 days of receipt of the survey data and sand samples from Morgan & Eklund or the landward edge of hardbottom data from CSA International, whichever is later. We estimate that the county will review and provide comments on the document within 2 weeks. CB&I will revise the report, incorporate the County's comments, and submit a final report to the County and FDEP within 2 weeks of receipt of the County's comments. The goal is to submit the final report to the FDEP within 90 days of receipt of the required data. Assuming that data is provided by August 31, we estimate submittal of a final report by November 31, 2016.
The cost of the monitoring report, excluding the aerial collection is $30,417.00. A breakdown of the hours and expenses to develop these costs is attached and follow the provisions of the Professional Coastal Engineering Services Agreement (dated March 19, 2013) and Contract Renewal (dated March 17, 2015), between Indian River County and CB&I.
Rectified Aerial Photographs
Aerial photographs are required per FDEP special permit condition 53 and 56(c) for the primary purpose of mapping and quantifying exposed nearshore hardbottom and natural/artificial reefs. CB&I will have aerials collected that follow BBCS Monitoring Standards for Beach Erosion Control Projects, Section 02100 -Environmental Aerial Photography Acquisition.
Controlled, flight-dated, color vertical aerial photographs will be taken from Indian River County FDEP range monuments R-15 through R-60, inclusive. Collection of the aerial photography will be timed so as to collect the aerials concurrently with the post-construction surveys. CB&I will rely on Indian River County to notify us as to when these surveys are being performed.
The flight will be conducted on an incoming tide and when there is sufficient visibility in coastal waters to capture nearshore hardbottom. Film will be selected to provide the best possible images in the greatest possible water depths. Photography will be obtained during morning hours with cloud cover at less than 10%, and in order to minimize glint, the flight window shall occur when the sun angle is between 15 to 30 degrees to the horizon. If, during the flight, weather conditions deteriorate to the point that the purposes of the flight cannot be met, or the five flight conditions are not satisfied, the flight will be aborted and flown at a later date when conditions are satisfactory.
The photography will employ the use of a precision Zeiss RMK/A cartographic camera (or equal) calibrated by the US Geological Survey. The camera will be equipped with a data block, which will record the lens number, calibration, focal length of the lens, altitude, date, and time. The photographs will be color aerial photography and georeferenced digital imagery with the following specifications:
1. A minimum 60% overlap with each adjacent photograph and a ratio of 50% land and 50% ocean (2000' and 2000') on the horjzontal.
45
2. The image will be clear and sharp in detail, free from clouds, shadows or any other blemishes that would
render the image as uncertain for mapping rock and reef features as far offshore as possible and no less than -15 feet, NA VD.
3. Each frame will contain:
1. time of day clock in standard time, 11. altimeter reading,
iii. exposure counter, iv. camera identification number, v. lens focal length in mm, and
v1. the plate ID number.
Necessary ground control will be extracted from existing imagery sources and used in combination with collected
ABGPS to rectify this imagery. It is assumed that previous control points can be used and have been previously surveyed. No additional field work is included in this proposal.
Deliverables
CB&I will provide the following deliverables:
1. Two sets of color 9"x9" photography from R-15 to R-60 ( one for the County and one for FDEP).
2. Camera Calibration report for camera used for this task contained on the CD-ROM.
3. Individual orthorectified frames of each project and reference in an uncompressed Geotiff format stored on CD-ROM or DVD with associated world files.
4. JPEG of mosaicked images.
Required Data
CB&I may require additional survey points to rectify the images. We are proposing to sub-contract Aerial
Cartographies of America (ACA), who previously performed the work, and they should have sufficient historic survey points to rectify the images. However, additional survey points may be required. Typically, the Public Works Department will have surveys that can be used to rectify aerial images avoiding additional field work.
Schedule
We will attempt to time collection of the aerials to coincide with collection of the survey data. Final deliverables related to the aerials will be submitted within 30 days of collection of the aerials.
The cost to collect the aerials and rectify the images is $16,326.30. A breakdown of the hours and expenses to develop these costs is attached and follow the provisions of the Professional Coastal Engineering Services Agreement ( dated March 19, 2013) and Contract Renewal ( dated March 17, 201 5), between Indian River County andCB&I.
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Third Party Review of UMAM
We understand that Continental Shelf Associates (CSA) will be performing a Uniform Mitigation Assessment Method (UMAM) evaluation for the Sector 3 Beach and Dune Restoration Project. The UMAM rule (Chapter 62-345, F.A.C.) went into effect on February 2, 2004 and is used by the FDEP to determine the amount of mitigation needed to offset adverse impacts to wetlands and other surface waters and to determine mitigation bank credits awarded and debited. A CB&I biologist will evaluate the UMAM analysis to ensure it was prepared in accordance with FDEP guidelines and instructions contained in rule 62-345, F.A.C. CB&I will prepare a summary of their findings from this review to be submitted to the County. CB&I will participate in a conference call with the County and CSA to discuss any issues identified during our review.
The final year of permit required biological monitoring of the nearshore hardbottom for the Sector 3 Beach and Dune Restoration Project is scheduled for summer 2016. CB&l will provide a summary of the UMAM evaluations generated by CSA and Coastal Technology in conjunction with the project. This summary will provide a cumulative review of the conditions of the nearshore hardbottom, highlight mitigation performed concurrently during monitoring events, and reference applicable permit conditions for FDEP's consideration in assessing the need for additional mitigation, if any.
Required Data
Electronic data (preferably GIS database) may be required to quantify changes in hardbottom area.
Schedule
Initial comments for the third party peer review of the UMAM analysis will be submitted within 2 weeks of receipt of the analysis and report.
The cost of the third party peer review of the UMAM is $3,210.00. A breakdown of the hours and expenses to develop these costs is attached and follow the provisions of the Professional Coastal Engineering Services Agreement (dated March 19, 2013) and Contract Renewal (dated March 17, 2015), between Indian River County andCB&I.
Summary
The total lump sum cost of this proposal for Work Order #13 is $49,953.30.
We appreciate the opportunity to work with Indian River County on this effort.
Please call me if you have any questions.
47
Sincerely,
<::> _/ ~ . / David Swigler, P.E. 'T Senior Coastal Engineer CB&I Coastal Planning & Engineering, Inc.
Printed Name
Title
Please Reply To: David Swigler Phone: 561.361.3172 E-Mail Address: [email protected]
cc: Thomas Pierro, P.E. D.CE, CB&I Debbie Neese, CB&I Ann Range, CB&I
48
A
Task Number
Tsk--001
Tsk.002
Tsk-003 · . ~
· Tsk-004
Tsk-006
L Tsk-006
.:.
. • Tsk-007
Tsk•00S .
Tsk-OQS
T$k-010
·s..1,'!'1tta<1 .. 8Y:
SubmilbldTo:
SubmiHi.On Date:
Task Name
· Survey Data Review.and Handling
Shor11hne Change Analysis
Volume Change Analys1$ :· ·.
Sand Characten.zat1on and Analysis
Report Development
L Rectified.Aenals
Third Party UMAM Rev,ew
Total&"
01,1vit1 SWij!ler
Sede>r 5 Design an~ Permitting 02126116
,Iii,. \Cl
Form Number: CMS-730-01-f'.M-02300
Labor
$ 2,325.00 $
$ 2,590.00 $
$ ; 3,700.00 $
$ 2,350.00 $
$ 19,452.00 $
$ 1,550.00 $.
$ 3,210.00 $
$ - $
$ . $
$ $
$ 36,177_00 $
Exhibit 2
5PM REVISION: 20.16 - REV 15.5
Release Date: 1/22/16
PROJECT NUMBER: 1000000 PROPOSAL NUMBER: Fs01c:.1:.:.1008S"'""'c.:ooc...14ccooc.:22'------------~-~ ----1
Date Pricing Model was Prepared:i::2:::l 2:::31c.:1;:.6 ________ '--_--~----J
Projeci Estimate SumFl'Hlry By Task
Sector 5 Design and Permitting 02/26/16
Sub-Equipment Materials
contractors
- $ - $ -
- $ a $ . .. · . . :
...
- $ - $ ·.•
- $ . $ -
.. $ . $ -
14,776.30 $ - $ .
- $ - $. . .
. $ - $ .
- $ - $ -
$ - $ -
14,776.30 $ $
OtherODC's
$. -· ..
. . ·. .., .. $
$ , -
$ -
$
$ -~
$ -
$ .
$ -
$ -
$ .
Issue for Use: DD MMM YYYY
Travel
$ -
,$ ..
$ -
$ -
$ -
$ -.
$ .
$ .
$ -
$ -
$
Total Adjustments Total ProJect
$ 2,325.00 - $ 2,325,00
$ 2,590.0() $ 2,590.00
$ 3,700.00 . $ 3,700.00
$ 2,350.00 . $ 2,350.00
$ 19,452.00 $ 19,452.00 · ..
$. . 16,326,30 . $ 16,326.30 L . .
$ 3,210,00 .. $ 3,210.00
:
$ - - $ .
$ - . $ -
$ . . $ -
$ 49,953.30 $ . $ 49,953.30
Page 1 of I
INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMW ATER DIVISION 1801 27th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562
I CONSENT
TO: Joseph A. Baird, County Administrator
THROUGH: Christopher R. Mora, P.E., Public Works Director ~ FROM: W. Keith Mccully, P.E., Stormwater Engineer~
SUBJECT: APPROVAL OF WORK ORDER NO. MMRT-1 FOR PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES FOR OSPREY ACRES STORMWATER PARK
DATE: May 3, 2016
DESCRIPTION AND CONDITIONS
Stormwater Division is preparing to design Osprey Acres Stormwater Park, which will receive Osprey Marsh Algal Turf Scrubber's discharge water and further reduce nitrogen and phosphorus concentrations. We require certain land surveying information to use in final design and permitting efforts. The purpose of this Agenda Item is to secure the professional land surveying services of Masteller, Moler, Reed & Taylor, Inc. through Work Order MMRT-1. Specific services are listed in Exhibit A of the attached Work Order.
The professional services fee associated with Work Order No. GKE OA1 is $30,440.
ANALYSIS
Alternative No. 1 -Approve Work Order No. MMRT-1.
Alternative No. 2 - Reject Work Order No. MMRT-1 .
FUNDING
Funding of the proposed Work Order will be provided by a budget amendment from Optional Sales Tax/Cash Forward to Optional Sales Tax/Public Works/Osprey Acres Stormwater- Acct# 31524338-066510-16022.
F:\Public Works\KeithM\Stom,water Projects\Osprey Acres\Agenda ltems\Agenda - Consent - Work Order MMRT-1.doc
50
Page2 OSPREY ACRES - LAND SURVEYING SERVICES BCC Meeting- May 10, 2016 - CONSENT May 3, 2016
RECOMMENDATION
Staff recommends the Board of County Commissioners:
1. Approve Alternative No. 1, Work Order No. MMRT-1 with Masteller, Moler, Reed & Taylor, Inc.
ATTACHMENTS
1. Work Order No. MMRT-1, executed by Masteller. Moler, Reed & Taylor, Inc. (one copy)
APPROVED AGENDA ITEM
Indian River Coun
Administrator
Bud et
Le al
Public Works
Stonnwater Engineering
F:\Public Works\KeithM\Stormwater Projec!s\Osprey Acres\Agenda !tems\Agenda - Consent . Work Order MMRT-1 .doc 51
WORK ORDER NUMBER MMRT-1 PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES FOR
OSPREY ACRES STORMWATER PARK
This Work Order Number MMRT-1 is entered into as of this __ day of May, 2016, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of October 1, 2013 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Masteller, Moler, Reed & Taylor, Inc. ("CONSULTANT").
The COUNTY has selected the CONSULTANT to perform the professional services set forth on Attachment 1, attached to this Work Order and made part hereof by this reference. The CONSUL TANT will perform the professional services for the fee schedule set forth in Attachment 2, attached to this Work Order and made a part hereof by this reference. The CONSUL TANT will perform the professional services within the timeframe set forth in Attachment 3, attached to this Work Order and made a part hereof by this reference, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement are incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above.
CONSULTANT BOARD OF COUNTY COMMISSIONERS MASTELLER, MOLER, REED & TAYLOR OF INDIAN RIVER COUNTY
By: __________ _
Title: ----------
By _____________ _ Bob Solari, Chairman
Attest: Jeffrey R. Smith , Clerk of Court and Comptroller
By _____________ _
Deputy Clerk
Approved:
Joseph A. Baird, County Administrator
Approved as to form and legal sufficiency:
William K. Debraal, Deputy County Attorney
1 f:\public works\keithm\stormwater projects\osprey acres\work orders\work order mmrt-1.doc
51
ATTACHMENT 1 to WORK ORDER NUMBER MMRT-1 PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES FOR
OSPREY ACRES STORMWATER PARK
SCOPE OF WORK
The COUNTY has requested that the CONSULTANT provide professional land surveying and mapping services for the COUNTY's Osprey Acres Stormwater Park (hereinafter "Osprey Acres"). The Work is more particularly described in Exhibit A. The portion of the site to be covered by this Work Order is shown on Exhibit B.
**END OF ATTACHMENT 1**
Page 2 of 4 F:\Publ ic Works\KeithM\Stormwater Projects\Osprey Acres\ Work Orders\ Work Order MMRT-1 .doc
53
ATTACHMENT 2 to WORK ORDER NUMBER MMRT-1 PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES FOR
OSPREY ACRES STORMWATER PARK
1. COMPENSATION
The COUNTY agrees to pay and the CONSUL TANT agrees to accept, a not-to-exceed lump sum fee of $30,440, for services rendered according to Attachment 1 of this Work Order and as summarized on Exhibit A, included herein. Additional services shall be performed at the hourly rates as set forth in the Agreement.
2. PARTIAL PAYMENTS
The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month.
The CONSUL TANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period.
The amount of the partial payment due the CONSUL TANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph, less ten percent (10%) of the invoice amount thus determined, which shall be withheld by the COUNTY as retainage, and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice.
Per F.S. 218.74(2), the ten percent (10%) retainage withheld shall be paid in full to the CONSUL TANT by the COUNTY, on or before the forty-fifth day after the date of final acceptance of the Work by the Public Works Director.
**END OF ATTACHMENT 2**
Page 3 of 4 F :\Public Works\KeithM\Stonnwater Projects\Osprey Acres\ Work Orders\ Work Order MMRT-1.doc
54
ATTACHMENT 3 to WORK ORDER NUMBER MMRT-1 PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES FOR
OSPREY ACRES STORMWATER PARK
1. TIME FOR COMPLETION
Complete all Work within six weeks of receiving a Notice-to-Proceed from the COUNTY.
**END OF ATTACHMENT 3**
Page 4 of 4 F:\Public Works\KeithM\Stonnwater Projects\Osprey Acres\Work Orders\Work Order MMRT-1.doc
55
EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES
Work Order No. 4 (Engineering/Survey) Continuing Professional Surveying and Mapping/GIS Services Contract #1333
Indian River County Project #1611
PROJECT: Osprey Acres Stormwater Park PHONE: Work - (772) 226-1386 CLIENT NAME: Indian River County - David Schryver PHONE: Fax - (772) 778-9391 SITE 925 5th Street S.W. MAILING 1801 27th Street ADDRESS: Vero Beach, FL 32968 ADDRESS: Vero Beach, FL 32960
Osprey Acres Stormwater Park Topographic Survey
Pursuant to our Annual Land Surveying and Mapping/GIS Services Contract 1333, Masteller, Moler & Taylor, Inc., formerly known as Masteller, Moler, Reed & Taylor, Inc. is pleased to provide Indian River County with this proposal for performance of a Specific Purpose Survey to perform a Topographic Survey for property located in Indian River County and lying in Section 24, Township 33 South, Range 39 East which shall include the following:
Project Outline and Limits: The survey limits are generally described as the north one half of the southwest quarter of Section 24, Township 33 South, Range 39 East, that lies west of the Lateral J canal, south of Sub-lateral J-1 (south of 5th Street S.W.) and east of the Lateral E canal. The project area consists of approximately 68.5 acres. County Survey Department will provide a hard copy and digital CAD file of an existing boundary which shall contain the horizontal and vertical control to be used for this project. Horizontal Control shall be based upon the Florida State Plane Coordinate System, Florida East Zone, NAO 83 and Vertical Control shall be based upon the North American Vertical Datum of 1988 (NAVO 88).
Scope of Services: Task 1: Topographic Survey
1) Project initiation, including review of existing surveys, files and field notes, preparation of work orders and field crew folders.
2) Recover and measure field ties into existing survey control as established by Indian River County and establish a baseline of survey.
3) Field locate and obtain vertical ground elevations on 100 foot grid throughout the site which includes approximately 29,500 linear feet of line clearing. Clear one line down the center of the property suitable for use by environmental consultant. Topography shall extend 50 feet outside the boundary and to the top of bank of the existing canals regardless of distance.
4) Locate and obtain elevations as applicable of all visible improvements, including but not limited to buildings, pavements, wells, drainage structures, culverts, and visible utility appurtenances or markers within the project area and 50 feet outside the boundary and to the top of bank of the existing canals regardless of distance.
5) Locate existing dirt trails or roads within the subject property. 6) Process field data, integrate with existing County survey, calculate digital terrain module and
interpolate one foot contours, and prepare survey drawing in accordance with the Standards of Practice for Surveying including cover sheet with location sketch, certifications, related title and project number, notes, legend, abbreviations and plan view sheets. Prepare final deliverables.
Masteller, Moler & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960
Phone: 772-564-8050, Fax: 772-794-0647 E-mail: [email protected] 56
EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES
Work Order No. 4 (Engineering/Survey} Continuing Professional Surveying and Mapping/GIS Services Contract #1333
Indian River County Project #1611
Task 2: Cross Sections
7) Recover existing survey control and establish baseline of survey. 8) Field locate and record five (5) cross sections in two (2) locations of the existing Lateral J Canal to
be determined by the engineer. Cross Sections shall extend to 20 feet east of the east top of bank of the Lateral J Canal.
9) Field locate and record seven (7) cross sections of the existing Lateral J-1 Canal and 5th Street S.W. at locations to be determined by the engineer. Cross Sections shall extend to the north right of way line of 5th Street S.W.
10) Process field data, integrate with existing survey described in Task 1, and prepare survey drawing in accordance with the Standards of Practice for Surveying to include cross section sheets. Prepare final deliverables.
Time of Completion and Deliverables:
1. Project shall be completed as follows: a. 100 % "Paper" review submittal (final review prior to final deliverables) shall be made within
45 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing final submittal package.
b. Time of Final project completion shall be within 5 business days of receipt of the County's review comments from the 100% paper submittal.
2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for County review and comment. All submittals shall include one (1)
paper "hardcopy" along with Autocad files and an ASCII file for all survey points. County shall strive to provide review comments within 10 calendar days of the preliminary submittal.
b. FINAL Deliverables, Four (4) paper "hardcopy" signed and sealed sets in adequate recording fashion (I.E. Borders). Sheeted and model space (as applicable} AutoCAD Land Desktop drawing file compatible with Release 2010-2016, PDF formats and an ASCII file for all survey points, all electronic files to be on CD.
c. Survey seUsheets shall include a cover sheet with location sketch, survey certifications, and related title and project number; survey notes, legend and abbreviations and plan view sheets.
d. Work product and digital versions are to be prepared and submitted so that the County or other consultants can readily use it for design and analysis of the area, as defined. It shall contain all information necessary for a third party surveyor to independently recreate or utilize the survey work. It is acknowledged all final products become property of Indian River County and will be available for use by the public at large.
e. The SURVEYOR'S work product shall meet or exceed the minimum standards defined by Sections II, Ill and IV or the COUNTY will not approve the SURVEYOR's request for payment.
Masteller, Moler & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960
Phone: 772-564-8050, Fax: 772-794-0647 E-mail: [email protected] 57
EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES
Work Order No. 4 (Engineering/Survey) Continuing Professional Surveying and Mapping/GIS Services Contract #1333
Indian River County Project #1611
Compensation:
Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, Contract No. 1333 with the Indian River County.
I.
II.
Ill.
Project initiation, including review of existing surveys, files and field notes, preparation of work orders and field crew folders. Recover and measure field ties into existing survey control as established by Indian River County and establish a baseline of survey.
Surveyor Field Supervisor Survey Technician Administrative Survey Crew
1 hours@$ 120.00/hr $ 120.00 1 hours @ $ 90.00 /hr $ 90.00 1 hours @ $ 75.00/hr $ 75.00 2 hours@ $ 40.00/hr $ 80.00 6 hours @ $ 115.00 /hr $ 690.00 Total I. ...................................... $ 1,055.00
Field locate and obtain vertical ground elevations on 100 foot grid throughout the site which includes approximately 29,500 linear feet of line clearing. Clear one line down the center of the property suitable for use by environmental consultant. Topography shall extend 50 feet outside the boundary and to the top of bank of the existing canals regardless of distance. Locate and obtain elevations as applicable of all visible improvements, including but not limited to buildings, pavements, wells, drainage structures, culverts, and visible utility appurtenances or markers within the project area and 50 feet outside the boundary and to the top of bank of the existing canals regardless of distance. Locate existing dirt trails or roads within the subject property.
Surveyor Field Supervisor Survey Crew
4 hours@$ 120.00/hr $ 480.00 20 hours @ $ 90.00 /hr $ 1,800.00 185 hours@$ 115.00 /hr $21,275.00 Total II ...................................... $23,555.00
Process field data, integrate with existing County survey, calculate digital terrain module and interpolate one foot contours, and prepare survey drawing in accordance with the Standards of Practice for Surveying including cover sheet with location sketch, certifications, related title and project number, notes, legend, abbreviations and plan view sheets. Prepare final deliverables.
Surveyor Survey Technician Administrative
5 hours@$ 120.00/hr $ 600.00 32 hours @ $ 75.00/hr $2,400.00
4 hours @ $ 40.00/hr $ 160.00 Total 11l. ..................................... $3,160.00
Masteller, Moler & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960
Phone: 772-564-8050, Fax: 772-794-0647 E-mail: [email protected] 58
EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES
Work Order No. 4 (Engineering/Survey) Continuing Professional Surveying and Mapping/GIS Services Contract #1333
Indian River County Project #1611
IV. Recover existing survey control and establish baseline of survey. Field locate and record five (5) cross sections in two (2) locations of the existing Lateral J Canal to be determined by the engineer. Cross Sections shall extend to 20 feet east of the east top of bank of the Lateral J Canal. Field locate and record seven (7) cross sections of the existing Lateral J-1 Canal and 5th Street S.W. at locations to be determined by the engineer. Cross Sections shall extend to the north right of way line of 5th Street S.W.
Field Supervisor Survey Crew Administrative
2 hours @ $ 90.00 /hr $ 180.00 10 hours@$ 115.00 /hr $ 1,150.00 1 hours@$ 40.00/hr $ 40.00
Total IV ..................................... $ 1,370.00
V. Process field data, integrate with existing survey described in Task 1, and prepare survey drawing in accordance with the Standards of Practice for Surveying to include cross section sheets. Prepare final deliverables.
Surveyor Survey Technician Administrative
2 hours@$ 120.00/hr $ 240.00 12 hours @ $ 75.00/hr $ 900.00 4 hours @ $ 40.00/hr $ 160.00
Total V. ..................................... $1,300.00
TOTAL 1-V .... .. ....... .. .............. ....... .......... $30,440.00 Lump Sum Fee
I, the undersigned, agree to all the terms of this Agreement.
David Taylor, President Masteller, Moler & Taylor, Inc.
05/02/2016 Date
Masteller, Moler & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960
Phone: 772·564-8050, Fax: 772•794-0647 E•mail: [email protected] 59
GOL.:gle earth feet•1 ---------2000
meters-i ------------aoo EXHIBIT B
SURVEY LIMITS
60
INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: May 2, 2016
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Joseph A. Baird, County Administrator
Michael Smykowski~ Judget Director
FROM: Jennifer Hyde, Purchasing Manage~
CONSENT AGENDA
SUBJECT: Approval of Award for Bid 2016028- Annual Bid for Street Sweeping
BACKGROUND: The Road and Bridge Department requested the solicitation of annual bids for the sweeping of approximately 211 lane miles of streets. The current bid was awarded to Clean Sweep & Vac, LLC and was effective from February 1, 2013 through January 31, 2016, with both available one-year renewals exercised. The term of the new bid will be one year from date of award, with options for two additional one-year renewals.
BID RESULTS: Bid Opening Date: Advertising Date: Demandstar Broadcast to: Specifications/Plans Downloaded by: Replies:
Bidder
March 24, 2016 February 29, 2016 153 Subscribers 7 Vendors 4 Vendors
Location International Sweeping lnc., dba Facilities Pro-Sweep1 West Palm Beach Clean Sweep & Vac, LLC Port St. Lucie U.S. Sweeping, Inc. Aventura USA Services of Florida, Inc. Longwood 1 Mathematical error corrected
ANALYSIS:
Total Bid $33,847.501
$36,170.00 $40,776.00 $62,150.00
The low bid represents a 1% decrease in the first cycle cost and a 25% decrease in the hourly rate for additional work to be requested as needed. Unit prices bid per mile for all other cycles (second and future and per curbed or uncurbed mile) remain the same as in the prior bid, at $24.00 per mile.
61
CONSENT AGENDA
The per cycle miles for the new bid are anticipated to increase from the current 186 to 210; therefore, the standard per cycle cost subsequently increased from $4,464.00 to $5,040.00 (or approximately 13% increase in both miles and per cycle cost).
Total projected cost for a full year is $30,240 for six cycles. The FY 14/15 cost for six cycles was $26,644.80 (the number of roadway miles covered increased from 180 to 186 during this annual period).
SOURCE OF FUNDS: Only two cycles were completed under the previous bid during the current FY, for a total cost of $8,908.80. Total expenditures anticipated for the remainder of the current FY are: pt Cycle (proposed for June) $ 5,408.00 2nd Cycle (August) S 5,040.00 Total award for FY 15/16: $10,448.00
Funding in the amount of $10,448.00 is available in the Road and Bridge Other Professional Services Account as shown.
Account Number Account Description Available FYlS/16 Budget
11121441-033190 Road & Bridge - Other Professional Services $10,448.00
RECOMMENDATION: Staff recommends the Board award Bid 2016028 to International Sweeping, Inc., DBA Facilities Pro-Sweep and authorize the Purchasing Division to issue blanket purchase orders for the period of June 1, 2016 through May 31, 2017 to the recommended bidder, after receipt and approval of required insurance by Risk Management. Staff also recommends the Board authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County.
APPROVED AGENDA ITEM
/) .. . ;; 1) l,: ,f2-.A:';f-h XJ Sb?Ju 4 BY: ;Joseph ~Baird, County Administrator
! /
Indian River Co
Admin Legal
Budget
FOR~/ _ ___;_;,M"""a'""y-"l=0k., =20=-=1=-=6'------ -----Department
Risk
61
Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney
Public Hearing - B. C. C. 5. 10. 16
Office of INDIAN RIVER COUNTY
ATTORNEY
MEMORANDUM
TO:
FROM:
Board of County Commissioners
Dylan Reingold, County Attorney
DATE: May 2, 2016
SUBJECT: Ordinance ~oncerning Medical Marijuana
BACKGROUND.
Amendment 2, concerning medical marijuana, will be on the November 8 ballot. Amendment 2 is very similar to the Amendment 2 considered in 2014, which failed to receive the requisite number of votes to become part of the Florida Constitution. Amendment 2 proposes to amend the Florida Constitution to allow for 1) the medical use of marijuana for individuals with debilitating diseases as determined by a licensed Florida physician, 2) caregivers to assist patients' medical use of marijuana, and 3) the Department of Health to register and regulate centers that produce and distribute marijuana for medical purposes.
On April 5, 2016, the Indian River County Board of County Commissioners (the "Board") authorized the County Attorney's Office to re-visit the zoning changes concerning medical marijuana that were proposed in 2014. In response to the authorization granted by the Board, the County Attorney's Office drafted the attached ordinance regulating medical marijuana.
The proposed ordinance incorporates the regulation of medical marijuana into existing Chapter 315 of the Code of Indian River County, the Indian River County Pain Management Clinic and Controlled Substances Ordinance. The definition of pain management clinics under Chapter 315 was expanded to apply to Medical Marijuana Treatment Centers, which are those entities that acquire, possess, process, transfer, transport, sell, distribute or dispense marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers. The regulations which apply to pain management clinics will apply to Medical Marijuana Treatment Centers, where applicable.
Approved for May JO, 2016 BCC Meeting Public Hearing
~---
F: l.Artorney1.LJ-,nJa1.GEN£RAL\B C ClAgend(l Memoi1M~dical Marij uano Ordlm:mct 2016.doc
Indian River Co.
Department Risk Management 63
Board of County Commissioners May 2, 2016 Page Two
Thus Medical Marijuana Treatment Centers will be required to obtain a permit from the Indian River County Community Development Department. An application for a permit would have to include the following information:
a. The name and address of the Medical Marijuana Treatment Center;
b. The name and address of each owner of the Medical Marijuana Treatment Center;
c. The name and address of the person who has been designated as the responsible physician;
d. The name and address of the person or entity which owns the real property upon which the Medical Marijuana Treatment Center will be operated;
e. Proof that the applicant is currently registered as a Medical Marijuana Treatment Center, pursuant to Article X, Section 29 of the Florida Constitution;
f. A sworn statement certifying that within the ten (10) years prior to submittal of the application, neither the Medical Marijuana Treatment Center, nor any person identified in the application, has been found to have acted with respect to controlled substances or marijuana in violation of applicable law; and
g. A sworn statement certifying that the Medical Marijuana Treatment Center, and every other pain management clinic or Medical Marijuana Treatment Center owned or operated by any person identified in the application, will be operated in compliance with applicable law.
Additionally, a Medical Marijuana Treatment Center could not be operated in a manner which allows, permits or encourages persons to loiter in or about the Medical Marijuana Treatment Center' s parking area. Also, a landlord or property owner cannot continue to lease property used as a Medical Marijuana Treatment Center if the landlord or property owner knows or, through the exercise of reasonable care should know, that the Medical Marijuana Treatment Center is being operated in violation of applicable law.
Ordinances amending the land development regulations that change the actual list of permitted, conditional, or prohibited uses within a zoning category must have a public hearing before the Planning and Zoning Commission and two public hearings before the Board. Therefore, such proposed zoning regulations will be addressed in a separate ordinance. That ordinance will be heard by the Planning and Zoning Commission in August and could be brought to the Board for hearings in September and October.
As this proposed ordinance amends the Indian River County Pain Management Clinic and Controlled Substances Ordinance, drafts of this proposed ordinance were circulated to the municipalities and the Indian River County Sheriffs Office. The County Attorney's Office has received no objections to this proposed ordinance from those entities.
,--_. \AIWrncy'11.inda\GENERAL'-B CC.Agenda M e,r,o.,~,\,fediwl Marij11.ana Ordin ance 2016. doc
64
Board of County Commissioners May 2, 2016 Page Three
FUNDING.
The cost of publication of the required public notice of this public hearing with respect to this proposed ordinance change was $128.70. This cost was funded from the County Attorney's Office budget within the General Fund ( account number 00110214-03 3190).
RECOMMENDATION.
The County Attorney' s Office recommends that the Chair open the public hearing and take public comment on this matter and then have the Board vote whether to approve the ordinance.
ATTACHMENT(S).
Proposed ordinance Amendment 2
F:',Attcmeyll,inda\G£.NERAL'.B C C\AgendoM emo.v\J/edical Marijuana Orrlinunc.t 2016.doc
65
ORDINANCE NO. 2016-__
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 315 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "INDIAN RIVER COUNTY PAIN MANAGEMENT CLINIC AND CONTROLLED SUBSTANCES ORDINANCE" TO INCLUDE REGULATIONS AND PROHIBITIONS OF CERTAIN ACTIVITIES RELATING TO MEDICAL MARIJUANA; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, in 2011 , the Indian River County Board of County Commissioners (the "Board") created Chapter 315 of the Code of Indian River County entitled "Indian River County Pain Management Clinic and Controlled Substances Ordinance"; and
WHEREA-S, -Amendment 2, allowing for the use of marijuana for certain medical conditions is on the November 8, 2016 ballot; and
WHEREAS, in the event Amendment 2 is approved by the voters, it is necessary to have existing regulations in effect to prevent a proliferation of medical marijuana distribution facilities; and
WHEREAS, the Board finds that utilizing the regulations established for pain management clinics in Indian River County to regulate medical marijuana is reasonable and necessary to prevent the harmful impacts of medical marijuana distribution facilities in the same manner that those regulations prevented the harmful effects of pain management clinics and pharmacies,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County.
Section 2. Legislative Findings.
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The Board finds that the "Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the Board.
Section 3. Amendment of Chapter 315 (Pain Management Clinics and Controlled Substances).
Chapter 315 of the Code of Indian River County, Florida is hereby amended to read as follows (added language is underlined, and deleted language noted by strikethrough):
CHAPTER 315. PAIN MANAGEMENT CLINICSi AN9 CONTROLLED SUBSTANCES AND MEDICAL MARIJUANA
***
Section. 315.02. Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
(1) Pain management clinic shall mean any publicly or privately owned facility: that advertises in any medium for any type of pain management services; or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chonic nonmalignant pain; or any Medical Marijuana Treatment Center as defined below, unless
a. The clinic is licensed as a facility pursuant to chapter 395, Florida Statutes;
b. The majority of physicians who provide services in the clinic primarily provide surgical services;
c. The clinic is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50 million;
d. The clinic is affiliated with an accredited medical school at which training is provided for medical students, residents or fellows;
e. The clinic does not prescribe or dispense marijuana or controlled substances for the treatment of pain; or
f. The clinic is owned by a corporate entity exempt from federal taxation under 26 USC section 501 (c)(3).
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Any clinic or facility meeting the definition above shall be considered a pain management clinic, regardless of its use of any other descriptive name, such as a center for "wellness," "detox," "detoxification," "urgent care," etc.
(2) Applicable law shall mean this Code, applicable Florida law, including, without limitation, rules and regulations promulgated by the Florida Department of Health, the Florida Board of Medicine, the Florida Board of Osteopathic Medicine, the Florida Board of Pharmacy, and applicable federal law;
(3) Board shall mean the Indian River County Board of County Commissioners;
(4) Controlled substance shall mean a controlled substance listed in Schedules 11, Ill, or IV in section 893.03, Florida Statutes.
(5) Chronic nonmalignant pain shall mean pain unrelated to cancer or rheumatoid arthritis which persists beyond the usual course of disease or the injury that is the cause of the pain or more than 90 days after surgery.
(6) Department shall mean the Indian River County Community Development Department.
(7) Reserved. Marijuana shall mean cannabis as defined in Section 893.02(3), Florida Statutes. The term shall include "low-THC cannabis," as defined in Section 381.986(1)(b), Florida Statutes.
(8) Reserved. Medical Marijuana Treatment Center shall mean an entity that acquires, possesses, processes (including development of related products such as food. tinctures, aerosols, oils. or ointments), transfers, transports, sells. distributes or dispenses marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department.
(9) Pharmacy shall mean any pharmacy that is subject to licensure or regulation by the Florida Department of Health under chapter 465, Florida Statutes, and dispenses controlled substances in Indian River County.
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( 1 O)Pain Clinic Responsible Party shall mean any person or entity which owns, in whole or in part, or operates a pain management clinic; any person who manages or supervises the operations of a pain management clinic; any person who has been designated as the responsible physician or osteopathic physician for a pain management clinic, pursuant to 458.3265(1)(c) or 459.0137(1)(c), Florida Statutes; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter
li1.)Pharmacy Responsible Party shall mean any person or entity which owns, in whole or in part, or operates a pharmacy engaged in activity regulated or prohibited by this chapter; any person who manages or supervises any activity regulated or prohibited by this chapter; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter.
(12)Qualified pain management clinic shall mean:
a. A pain management clinic which is wholly owned and operated by one or more board-certified anesthesiologists, physiatrists, or neurologists; or
b. A pain management clinic which is wholly owned and operated by one or more board-certified medical specialists who have also completed fellowships in pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board-certified in pain medicine by a board approved by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes.
Except as otherwise provided, a qualified pain management clinic shall be deemed to be a pain management clinic for all purposes set forth herein.
Section 315.03. Prohibited Activities.
Each of following activities shall be prohibited and shall constitute a violation of this Code:
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(1) Operation of a pain management clinic without a valid and current permit issued pursuant to section 315.04;
(2) Operation of a pain management clinic without a valid and current business tax receipt;
(3) Operation of a pain management clinic without a valid and current registration pursuant to sections 458.3265 or 459.0137, Florida Statutes.,_ or registered by the Department of Health. pursuant to Article X, Section 29 of the Florida Constitution, unless such clinic is exempt from registration under such statute;
(4) Submittal of a permit application, any sworn statement, or any other information required by this chapter, which contains materially false information;
(5) Operation of a pain management clinic in violation of a sworn statement submitted to pursuant to sections 315.04 or 315.05;
(6) Operation of a pain management clinic or pharmacy in violation of applicable law;
(7) Prescribing or dispensing of controlled substances or marijuana in violation of applicable law;
(8) Activity within a pain management clinic with respect to a controlled substance in violation of the standards of practice set forth in section 456.44(3), Florida Statutes;
(9) Operation of a pain management clinic in violation of the facility and physical operations requirements, the infection control requirements, the health and safety requirements, the quality assurance requirements or the data collection and reporting requirements set forth in sections 458.3265(2)(f)-(j) and 459.0137(2)(f)-O), Florida Statutes. as applicable;
(10) Prescribing, administering or dispensing a controlled substance without a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration;
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(11) Operation of a pain management clinic or pharmacy in a manner which allows, permits or encourages persons to stand, sit (including inside parked cars). gather or loiter in or about the clinic's parking area, for a period of time exceeding that which is reasonably required to arrive and depart the parking area, and to walk to and from the parking area and the clinic;
(12) Continued leasing or permitted use of a property or structure which is used as a pain management clinic or pharmacy if (a) the landlord or property owner knows or, through the exercise of reasonable care should know, that the clinic or pharmacy is being operated in violation of applicable law, and (b) despite the passage of a reasonable period of time to do so, the landlord or property owner has failed or refused to take reasonable measures to stop or prevent the continued illegal activity on the premises; or
(13) Failure to advise the Department of any change in any information, statements, facts or circumstances, as required by section 315.04(10).
(14) Cultivation, administration or consumption of marijuana at a pain management clinic.
(15) Operating a Medical Marijuana Treatment Center that is not wholly owned and operated by one or more
a. board-certified anesthesiologists, physiatrists, or neurologists: or b. board-certified medical specialists who have also completed fellowships in
pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board-certified in pain medicine by a board approved by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes.
Section 315.04. Permit Required for Operation of Pain Management Clinic.
(1) Permit Required. No pain management clinic shall operate by any means in Indian River County without a valid and current pain management clinic permit issued by the Department.
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(2) Application. Any pain management clinic requesting issuance of a pain management clinic permit shall complete and submit to the Department a sworn application, on a form provided by the Department, containing, at a minimum, the following information:
a. The name and address of the pain management clinic;
b. The name and address of each owner of the pain management clinic (including, if the owner is a business entity such as a corporation, limited liability company, etc, the name and address of each officer, manager or managing member, general partner or other comparable person authorized by state law to manage the affairs of the business entity), each person who will be managing or supervising the activities of the pain management clinic, and each person who will be prescribing or administering controlled substances, and each person who will be acquiring, possessing, processing, transferring, selling, distributing or dispensing mariiuana at the pain management clinic;
c. The name and address of the person who has been designated as the responsible physician or osteopathic physician for the pain management clinic, pursuant to sections 458.3265(1)(c) or 459.0137(1)(c), Florida Statutes, if applicable;
d. The name and address of the person or entity which owns the real property upon which the pain management clinic will be operated;
e. Proof that the applicant is currently registered as a pain management clinic with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes or registered as a Medical Marijuana Treatment Center, pursuant to Article X, Section 29 of the Florida Constitution;
f. Proof that any person who will be prescribing or administering controlled substances at the pain management clinic has a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration, including the controlled substance registration number for each such person;
g. A sworn statement certifying that within the ten (10) years prior to submittal of the application, neither the pain management clinic, nor any person identified pursuant to subsections b, c or d above, has been found by any
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county or municipal board, comm1ss1on or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances or marijuana in violation of applicable law; and
h. A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b, c or d above, will, during the term of the permit, be operated in compliance with applicable law.
1. Proof that a Medical Marijuana Treatment Center is wholly owned and operated by one or more
1. board-certified anesthesiologists, physiatrists. or neurologists; or
2. board-certified medical specialists who have also completed fellowships in pain medicine approved .by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board-certified in pain medicine by a board approved by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes.
(3) Abbreviated application for qualified pain management clinics that do not acquire. possess, process (including development of related products such as food. tinctures, aerosols, oils. or ointments). transfer, transport, sell. distribute or dispense marijuana, products containing marijuana, related supplies. or educational materials to qualifying patients or their caregivers. In lieu of completing the application form described in subsection (2), a qualified pain management clinic that does not acquire. possess. process (including development of related products such as food, tinctures. aerosols, oils, or ointments). transfer, transport. sell. distribute or dispense marijuana. products containing marijuana. related supplies. or educational materials to qualifying patients or their caregivers requesting issuance of a pain management clinic permit may complete and submit to the department a sworn application, on a form provided by the department, containing, at a minimum, the following information:
a. The name and address of the pain management clinic;
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b. The name and address of the owner of the pain management clinic; c. The name and address of all physicians who will be prescribing controlled
substances at the pain management clinic; d. Proof that the pain management clinic meets the definition of a "qualified
pain management clinic" which proof may consist of written verification or
confirmation from the State of Florida that the pain management clinic is exempt from state registration pursuant to [F.S.] §§ 458.3265(1 )(a)2g or h or 459.0137(1 )(a)2g or h; and
e. A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b or c above, will, during the term of the permit, be operated in compliance with applicable law.
(4) Permit Application Fee. A permit application fee shall be paid by the applicant at the time of submittal of the application, including renewal. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the application.
(5) Denial of Application. The application for a pain management clinic permit shall be denied if any of the following facts are found to exist and are not cured within ten (10) days of written notice of such deficiency:
a. The applicant fails to pay the required permit application fee; or
b. The applicant fails to submit all information and statements required in subsection (2) or (3) above, or the applicant has submitted such information and statements but such information and statements are found to contain materially false information.
(6) Issuance of Permit. The Department shall issue the permit within twenty (20) days of submittal of a fully complete application, if the applicant has submitted all information required in subsection (2) or (3) and none of the facts set forth in subsection (5) is found to exist.
(7) Term of Permit. A pain management clinic permit shall remain in effect for a term of two (2) years. Thereafter, a permit shall be subject to renewal in the same manner that permits are issued initially as set forth in subsections (2) through (6).
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(8) Appeal. If an application for issuance or renewal of a pain management clinic permit is denied, the applicant shall have the right of appeal as set forth in section 100.06 of this Code. The denial shall be considered a decision of a department head for the purpose of applying section 100.06. An appeal fee shall be paid by the applicant at the time of filing an appeal to the Board. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the appeal.
(9) Revocation of Permit. A pain management clinic permit shall be subject to revocation in proceedings before the Indian River County Code Enforcement Board or any court of competent jurisdiction, in the event that:
a. The information or statements submitted to obtain issuance or renewal of the permit contained materially false information;
b. The permit holder, or any Pain Clinic Responsible Party, has engaged in activity prohibited by section 315.03;
c. The permit holder, or any Pain Clinic Responsible Party, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances or marijuana in violation of applicable law; or
d. The permit holder, although required to be registered, is no longer registered with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes, or registered as a Medical Marijuana Treatment Center, pursuant to Article X, Section 29 of the Florida Constitution. or no longer holds a current business tax receipt for a pain management clinic, or the controlled substance registration issued by the United States Department of Justice, Drug Enforcement Administration to any person prescribing, administering or dispensing controlled substances at the pain management clinic has been suspended, revoked or denied renewal.
(10) Emergency Suspension of Permit. Upon clear and convincing proof that one or more of the events set forth in subsection (9) have occurred, and upon a finding that continued operation of the pain management clinic presents an immediate danger to the health, safety and welfare of the
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residents of Indian River County, the Department shall be authorized immediately to suspend the pain management clinic's permit. In such event, the permit holder shall have the right of appeal as set forth in section 100.06 of this Code. The suspension shall be considered a decision of a department head for the purpose of applying section 100.06. All aspects of the appeal shall be expedited. An appeal fee shall be paid by the applicant at the time of filing an appeal to the Board. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the appeal. Any emergency suspension pursuant to this subsection shall continue for a period not to exceed six (6) months; provided, however, that if revocation of the permit is sought, the Code Enforcement Board or court of competent jurisdiction in which the revocation request is pending may extend the suspension beyond six (6) months until completion of the revocation proceedings, if necessary to protect the health, safety and welfare of the residents of Indian River County.
(11) Change in Information or Statements. The permit holder shall riotify the Department in writing of any change in any information or statements submitted pursuant to subsections (2) a. - hl. or (3)a. - d. above, or of any change in any facts or circumstances such that any information or statements submitted pursuant to subsections (2) a. - lll. or (3)a. - d. are no longer completely true and accurate. Such notification shall be provided within thirty (30) days of the change.
***
Section 4. 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 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention.
Section 6. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State.
This ordinance was advertised in the Indian River Press Journal on the 25th day of April, 2016, for a public hearing to be held on the 10th day of May, 2016, at which time it was
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moved for adoption by Commissioner __________ , seconded by Commissioner __________ .. and adopted by the following vote:
Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc
The Chairman thereupon declared the ordinance duly passed and adopted this _ _ day of _ __ , 2016.
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA
By:-------------Bob Solari, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legal sufficiency: and Comptroller
By; ----,---------Deputy Clerk Dylan Reingold, County Attorney
EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the _ _ day of ______ , 2016.
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BALLOT TITLE: Use of Marijuana for Debilitating Medical Conditions
BALLOT SUMMARY: Allows medical use of marijuana for individuals with debilitating medical conditions
as determined by a licensed Florida physician. Allows caregivers to assist patients' medical use of
marijuana. The Department of Health shall register and regulate centers that produce and distribute
marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies
only to Florida law. Does not immunize violations of federal law or any non-medical use, possession or production of marijuana.
ARTICLE AND SECTION BEING CREATED OR AMENDED: Article X, Section 29
FULL TEXT OF THE PROPOSED CONSTITUTIONAL AMENDMENT:
ARTICLE X, SECTION 29.- Medical marijuana production, possession and use.
(a) PUBLIC POLICY.
(1) The medical use of marijuana by a qualifying patient or caregiver in compliance with this section is
not subject to criminal or civil liability or sanctions under Florida law.
(2) A physician shall not be subject to criminal or civil liability or sanctions under Florida law solely for
issuing a physician certification with reasonable care to a person diagnosed with a debilitating medical
condition in compliance with this section.
(3) Actions and conduct by a Medical Marijuana Treatment Center registered with the Department, or
its agents or employees, and in compliance with this section and Department regulations, shall not be
subject to criminal or civil liability or sanctions under Florida law.
(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following
meanings:
(1) "Debilitating Medical Condition" means cancer, epilepsy, glaucoma, positive status for human
immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress
disorder (PTSD), amyotrophic lateral sclerosis {ALS), Crohn's disease, Parkinson's disease, multiple
sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those
enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh
the potential health risks for a patient.
{2) "Department" means the Department of Health or its successor agency.
(3) "Identification card" means a document issued by the Department that identifies a qualifying patient or a caregiver.
(4) "Marijuana" has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014), and, in
addition, "Low-THC cannabis" as defined in Section 381.986(1)(b), Florida Statutes (2014), shall also be
included in the meaning of the term "marijuana."
(5) "Medical Marijuana Treatment Center" (MMTC) means an entity that acquires, cultivates, possesses,
processes (including development of related products such as food, tinctures, aerosols, oils, or
78
ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products
containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers
and is registered by the Department.
(6) "Medical use" means the acquisition, possession, use, delivery, transfer, or administration of an
amount of marijuana not in conflict with Department rules, or of related supplies by a qualifying patient
or caregiver for use by the caregivers designated qualifying patient for the treatment of a debilitating
medical condition.
(7) "Caregiver'' means a person who is at least twenty-one (21) years old who has agreed to assist with a
qualifying patient's medical use of marijuana and has qualified for and obtained a caregiver
identification card issued by the Department. The Department may limit the number of qualifying
patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may
have at one time. Caregivers are prohibited from consuming marijuana obtained for medical use by the
qualifying patient.
(8) "Physician" means a person who is licensed to practice medicine in Florida.
(9) "Physician certification" means a written document signed by a physician, stating that in the
physician's professional opinion, the patient suffers from a debilitating medical condition, that the
medical use of marijuana would likely outweigh the potential health risks for the patient, and for how
long the physician recommends the medical use of marijuana for the patient. A physician certification
may only be provided after the physician has conducted a physical examination and a full assessment of
the medical history of the patient. In order for a physician certification to be issued to a minor, a parent
or legal guardian of the minor must consent in writing.
(10) "Qualifying patient" means a person who has been diagnosed to have a debilitating medical
condition, who has a physician certification and a valid qualifying patient identification card. If the
Department does not begin issuing identification cards within nine (9) months after the effective date of
this section, then a valid physician certification will serve as a patient identification card in order to allow
a person to become a "qualifying patient" until the Department begins issuing identification cards.
(c) LIMITATIONS.
(1) Nothing in this section allows for a violation of any law other than for conduct in compliance with the
provisions of this section.
(2) Nothing in this section shall affect or repeal laws relating to non-medical use, possession, production,
or sale of marijuana.
(3) Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying
patient.
(4) Nothing in this section shall permit the operation of any vehicle, aircraft, train or boat while under
the influence of marijuana.
(5) Nothing in this section requires the violation of federal law or purports to give immunity under
federal law.
79
(6) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in
any correctional institution or detention facility or place of education or employment, or of smoking
medical marijuana in any public place.
(7) Nothing in this section shall require any health insurance provider or any government agency or
authority to reimburse any person for expenses related to the medical use of marijuana.
(8) Nothing in this section shall affect or repeal laws relating to negligence or professional malpractice
on the part of a qualified patient, caregiver, physician, MMTC, or its agents or employees.
(d) DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary for the
implementation and enforcement of this section. The purpose of the regulations is to ensure the
availability and safe use of medical marijuana by qualifying patients. It is the duty of the Department to
promulgate regulations in a timely fashion.
(1) Implementing Regulations. In order to allow the Department sufficient time after passage of this
section, the following regulations shall be promulgated no later than six (6) months after the effective
date of this section:
a. Procedures for the issuance and annual renewal of qualifying patient identification cards to people
with physician certifications and standards for renewal of such identification cards. Before issuing an
identification card to a minor, the Department must receive written consent from the minor's parent or
legal guardian, in addition to the physician certification.
b. Procedures establishing qualifications and standards for caregivers, including conducting appropriate
background checks, and procedures for the issuance and annual renewal of caregiver identification
cards.
c. Procedures for the registration of MMTCs that include procedures for the issuance, renewal,
suspension and revocation of registration, and standards to ensure proper security, record keeping,
testing, labeling, inspection, and safety.
d. A regulation that defines the amount of marijuana that could reasonably be presumed to be an
adequate supply for qualifying patients' medical use, based on the best available evidence. This
presumption as to quantity may be overcome with evidence of a particular qualifying patient's
appropriate medical use.
(2) Identification cards and registrations. The Department shall begin issuing qualifying patient and
caregiver identification cards, and registering MMTCs no later than nine (9) months after the effective
date of this section.
(3) If the Department does not issue regulations, or if the Department does not begin issuing
identification cards and registering MMTCs within the time limits set in this section, any Florida citizen
shall have standing to seek judicial relief to compel compliance with the Department's constitutional
duties.
80
(4) The Department shall protect the confidentiality of all qualifying patients. All records containing the
identity of qualifying patients shall be confidential and kept from public disclosure other than for valid
medical or law enforcement purposes.
(e) LEGISLATION. Nothing in this section shall limit the legislature from enacting laws consistent with this
section.
(f) SEVERABILITY. The provisions of this section are severable and if any clause, sentence, paragraph or
section of this measure, or an application thereof, is adjudged invalid by a court of competent
jurisdiction other provisions shall continue to be in effect to the fullest extent possible.
81
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04{10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action
Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: Susan Mehiel
ADDRESS: 131 Laurel Oak Ln, Vero Beach 32963 PHONE: 772-234-9451
SUBJECT MATTER FOR DISCUSSION:
IS A PRESENTATION PLANNED?
IS BACK-UP BEING PROVIDED
IS THIS AN APPEAL OF A DECISION
WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?
AAF/FEC and the Nuclear Power Plant
~ YES
~YES
D YES
• NO
• NO
~NO
The commissioners are requested to task the Emergency Services Dept. to review the impact of a hazmat or nuclear disaster in or near our county.
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D YES
WHAT FUNDS OR ACTIVITIES ARE
~ NO
REQUIRED TO MEET THIS REQUEST?
Transmitted to Administrator Via: Interactive Web Form
I E-Mail Fax Mail Hand Delivered Phone
COUNTY ADMINISTRATOR: '.,[)_ 1'..p b ~. ~ v<P 1 ( J~eph A. Baird ~
MEETING DATE:
81
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird, County Administrator
DEPARTMENT HEAD CONCURRENCE
,..,• a::1. Stan Boling, AIC ; Community Development Director
(
- --
Pl I Bl.IC r-;oTICE (l'.';FORI\L\ rlOl\AL)
I ,. ,··• 0 t:,:_ • .J.r
THROUGH: Sasan Rohani, AICP; Chief, Long Range Planning > 4 ,,. FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long-Range Planning ·J?.,S,
DATE: April 21, 2016
SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting
It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of May 10, 2016.
DESCRIPTION AND CONDITIONS:
Please be advised that the following public hearing item has been scheduled for Board consideration:
May 24, 2016
1. County initiated request to amend (update) the text of several elements of the county's comprehensive plan, including the Future Land Use Element, the Recreation and Open Space Element, the Transportation Element, the Economic Development Element, and the Solid Waste Sub-Element. (Legislative)
RECOMMENDATION:
The above referenced public hearing item is provided for the Board's information. No action is needed at this time.
F :\Community Development\Users\LONG RANGE\PNI\Pni82.doc 83
APPROVED AGENDA ITEM: Indian River Co. Approved Date
FOR: m,, JI} , do/Id Admin. 5'/5/1~ . /). Legal ,.; n /(
Budget 5(3/(0
Dept. ~ '-( I 1-2-/I (p
Risk Mgr.
F:\Community Development\Users\LONG RANGE\PNI\Pni82.doc 84
.JJft
Office of the
INDIAN RIVER COUNTY ADMINISTRATOR
Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator
TO:
FROM:
DATE:
SUBJECT:
DESCRIPTION:
MEMORANDUM
Members of the Board of County Commissioners
Joseph A. Baird County Administrator
April29,2016
Health Insurance Subsidy for Retirees
When the Board of County Commission made changes to the Health Insurance subsidy for retirees on June 1, 2008, a policy was instituted that specified that a retiree who reached the eligible age for Medicare would lose the County subsidy. The retiree would have the following available options but could not continue to receive the County subsidy: 1) enrolling in the BlueMedicare Advantage Plan offered by the County (a fully insured Florida Blue product); 2) continuing in the County's Health Insurance plan (a self-insured plan); or 3) enrolling in a Medicare supplemental plan on the open market. Very few retirees take the BlueMedicare Advantage Plan because of the limited network and the cost, which is currently $319.92 per month per person. Retirees who had carried dependent coverage for a younger spouse or other eligible dependents could continue to do so by remaining on the County's Health Insurance Plan and paying 100% of the County's premium, which is currently $745 per month for the retiree and dependents. This was an unintended consequence of this policy that we did not anticipate at the time this change was made, and it was never our intent for this to happen.
ANALYSIS:
It is my opinion that the County should allow a retiree's dependents to remain on the county health insurance plan when the retiree enrolls in Medicare and continue at the subsidized rate. Allowing this change will most likely increase costs in Other Post Employee Benefits (OPEB)
85
for the County, but 1 believe it is an issue of fairness. The anticipated costs of correcting this policy will be reflected in our next actuarial.
RECOMMENDATION:
Staff recommends the Board of County Commission approve the change to the retiree health insurance subsidy policy as discussed herein. Staff proposes that retirees remain eligible for any subsidy that has been earned until both the retiree and spouse have become eligible for Medicare. In order to keep the subsidy after the retiree reaches the eligible age for Medicare, the retiree must enroll in Medicare Parts A and B. At such time when both the retiree and spouse reach the eligible age for Medicare, the County subsidy will terminate.
Staff also recommends the Board approve the changes to the Health Insurance subsidy policy for retirees, and authorize the County Administrator to sign the updated policy.
APPROVED AGENDA ITEM Indian River Co
BY: ~~~~+----"--+---·, ---.:·fJ~. '--'> ~ ~ --
Administrator
Legal
86
DEPARTMENTAL MATTERS
Indian River County Inter-Office Memorandum
Office of Management and Budget
TO: Members of the Board of County Commissioners
DATE: April 13, 2016
SUBJECT: Quarterly Budget Report
FROM: Jason E. Brown Director, Office of Manage Budget
Attached is the staff report for the second quarter of fiscal year 2015/2016. Staff will make a presentation at the Board meeting.
ATTACHMENT
Quarterly Budget Report
FOR: May 10, 2016
Indian River Count
Administrator
Risk Mana ement
87
QC 0C
Quarterly Budget Report - Budget to Actual Expense Comparison FY 2015-2016 2nd Qtr
001 - General Fund
Quarterly Budget
Department Description BUDGET (50% of Total) YTD Expenses
101 BCC Operations $1,018,810 $509,405 $495,210 >----. ·--
102 County Attorney $1,962,899 $981,450 $529,595 ----
103 Geographic Info Systems Dept $38,163 $19,082 $19,082 --···---·-·- ·- ··-
--·-- _$444,703 106 General Health $866,812 $433,406 - ·- ·-·· ·
107 Communications/Emergency Svc• $510,917 $255,459 $175,024 ·---
109 Main Library $2,213,114 $1,106,557 $1,074,013 - --··- --
ll0Agencies $4,959,417 $2,479,709 $2,766,884 . --
111 Medicaid $1,016,073 $508,037 $381,477 -- · - ···· ---
112 North C_ounty Library $1,055,214 $527,607 $555,018
113 Brackett Family Library $268,079 $134,039 $137,897 ·--··· --
114 Value Adjustment Board $68,450 $34,225 $29,699 - --·· ·- - - .. - -·- ·-----
118 Ind Riv Soil/Water Conserv $44,687 $22,343 $19,786 ·-
119 Law Library $75,239 $37,619 $39,005 ·- -- -•··-
128 Children's Services $851,965 $425,983 $439,078 ..... . •·· ·· ---· - ·
137 Redevelopment Districts $161,294 $80,647 $159,094 ·-
199 Reserves $6,361,188 $3,180,594 $2,312,255 - -201 County Administrator $491,991 $245,996 $212,573
···· - ·
202 General Services $127,815 $63,908 $59,135 -- - -
203 Human Resources $412,299 $206,149 $190,111 ·- - -
204 Planning and Development $6,000 $3,000 $1,026 1.-.... --·· · - ··· -----···-206 Veterans Services $253,058 $126,529 $115,014
-··-- ·- ·
208 Emergency Management $519,584 $259,792 $217,132
210 Parks $2,195,489 $1,097,745 $987,892 --· -·~ - -
211 Human Services $282,216 $141,108 $93,263 - ···--- - - ·-
Percentage of Difference from
Annual Budget 50% Comments/ Notes
48.6% ($14,195) Lobbying Services not yet paid in f ull ·- ··-
27.0% ($451,855) Lega I Services budgeted but not incurred
regarding All Aboard Florida. . ____
50.0% $0 GIS costs charged on a monthly basis. . -
51.3% $11,297 -·-
34.3% {$80,434) 800 MHZ Maintenance budgeted but not yet
. .. . _expended
48.5% ($32,544) - • -r- - •
55.8% $287,176 Community Transportation Coordinator
E!xpenses reimbursed as expended . .
37.5% ($126,559) Lag time in reimbursement submittals. - ··- --
52.6% $27,411 . . . - -·----
51.4% $3,858 --
43.4% ($4,526) Expenses to be incurred later in the year. . -- -
44.3% ($2,558) - - -- ·-
51.8% $1,385 - - --
51.5% $13,095 Funding based on reimbursement submittals. --- ..
98.6% $78,447 CRA payments are due in full in December.
36.3% ($868,339) Contingencies budgeted, but not expended. ·- - - ·-
43.2% ($33,422) Lobbyist Services not yet expended. --
46.3% {$4,772) ·-
46.1% ($16,038) ··-
34.2% ($1,974) Pace/ illegal dumping expenses to be incurred
later this year. _
45.4% ($11,515) Expenditures based on reimbursement. -- -
~
41.8% ($42,660) Grant expenditures to be incurred later this year.
•···•- · - · . .. · --45.0% ($109,853) Budgeted capital expenses not yet incurred.
+··- ·- -
33.0% ($47,845) Billed quarterly for staff from Health Dept. Not
. . , processe9u~til April
QC \Cl
Quarterly Budget Report - Budget to Actual Expense Comparison FY Z015-Z016 Znd Qtr
001 - General Fund (continued)
Quarterly Budget
Department Description Budget (50% of Total) YTD Expenses
212 Agriculture Extension $144,945 · $72,472 $56,886 ---- - -- - -··· ·-- --216 Purchasing $155,644 $77,822 $70,805 -- ·-· ·-.
220 Facilities Management $3,462,100 $1,731,050 $1,619,119 - -·-~·-··-··
229 Management & Budget $366,982 $183,491 $151,578 ···-- - --
237 FPL Grant $103,633 $51,817 $46,455 -·--- --·--· 238 Emergency Mgmt Base Grant $115,791 $57,896 $51,483 . --·- ·-·-- - -···
241 Computer Services $274,128 $137,064 $137,064 ·-·--- -- ··· ·- ·· , · - -
246 Risk Management $283,218 $141,609 $283,218 --250 County Animal Control $534,009 $267,005 $258,513 --·-·--
251 Mailroom/Switchboard $309,305 $154,652 _ __il?0,022
252 Environmental Control $7,033 $3,517 $3,513 - ..
300 Clerk Of Circuit Court $921,370 $460,685 $~62,756 - ·-- ---·
400 Tax Collector $1,265,104 $632,552 $3,087,409
•-- -·
500 Property Appraiser_ $2,769,794 $1,384,8~7 $1,432,401 600 Sheriff $43,230,614 $21,615,307 $21,641,480 - ----
700 Supervisor Of Elections $1,254,743 $627,371 $740,063 - - ···- -·
901 Circuit Court $26,722 $13,361 $0 ~ - - - ·- - ·--903 State Attorney $91,742 $45,871 $49,865
--- -
904 Public Defender $3,354 $1,677 $1,587 ----
907 Medical Examiner $324,199 $162,100 $162,100
Grand Total $81,405,204 $40,702,602 $41,830,283
Percentage of Difference from
Annual Budget 50% Comments/ Notes
39.2% ($15,586) Quarterly billing not yet completed.
45.5% ($7,017) ·-
46.8% ($111,931) Admin. Bui lding Roof legal expenses not yet
expende~ ·- ·
Salary expenses t o be incurred later this year--41.3% ($31,914)
with Director overla p . 44.8% ($5,361) ---44.5% ($6,412) FEMA CERT Grant not yet expended.
. - ·- ·-
50.0% $0 Computer Service costs charged on a monthly
basis. ·-
100.0% $141,609 Insurance charge done once a year.
48.4% _ ($8,491) Fuel expenses lower thananticipated. ($34,630)
· --38.8% Postage to be paid later in the year.
49.9% ($4) -- · --
50.2% $2,071 -· -
Commission charged on Ad Valorem collections, 244.0% $2,454,857 most collected by December. TC returns excess
-- fees at year end. 51.7% $47,504
-- --50.1% $26,173
-
59.0% $112,692 First draw is 25% of budget per Florida Statutes.
0.0% ($13,361) Expenditures based on reimbursement. -- ._. . · --
54.4% $3,994 Expenditures based on reimbursement. -·
47.3% ($90) Expenditures based on reimbursement. --
50.0% $0
51.4% $1,127,681
'° 0
Quarterly Budget Report - Budget to Actual Expense Comparison FY 2015-2016 2nd Qtr
004 - M.S.T.U. Fund Quarterly Budget
Department Description BUDGET (50% ofTotal) YTD Expenses
102 County Attorney $72,789 $36,395 $52,614
104 North County Aquatic Center $841,237 $420,618 $266,671 ~ . -··
105 Gifford Aquatic Center $374,642 $187,321 $123,194
108 Recreation $940,489 $470,244 $419,744
--···· ------
115 Intergenerational Facility $150,000 $75,000 $219 -·--······ - --·-·
116 Ocean Rescue $800,195 $400,097 $374,712 --- -- --··--
161 Shooting Range Operations $443,063 $221,531 $209,831 -··-- ·
199 Reserves $21,201,587 $10,600,793 $10,404,793 ·--··
204 Planning And Development $222,557 $111,278 $99,405 -·-··-·-·· ---
205 Coun_ty Planning $865,231 $432,615 $476,863
207 Environmental Plan/Code Enforc $439,802 $219,901 $180,922 ····-··-··--
210 Parks $101,080 $50,540 $39,972 --
214 Roads And Bridges $49,221 $24,611 $4,710
- -·-
234 Telecommunications $117,767 $58,883 $48,083 -- --·· ··- - ··•-
400 Tax Collector $80,000 $40,000 $149,732
Grand Total $26,699,659 $13,349,829 $12,851,466
Percentage of Difference from
Annual Budget 50% Comments/ Notes
72.3% $16,219 Florida Municipal Power Agency (FMPA) legal
-- _E!xpenses -
31.7% ($153,948) Seasonal operations at pool. Higher expenses
(te'!lP· employees) in sum me!. _ __
32.9% ($64,127) Seasonal operations at pool. Higher expenses
(temp. emplClyees) in summer.
44.6% ($50,500) Some seasonal operat ions (summer camps) with
higher expenses (temp. employees) in summer. - - --
0.1% ($74,781) Facility not yet open. - -46.8% ($25,385) Operating expenses lower t han anticipated.
47.4% ($11,700) Decrease in Pro Shop and Clay Target expenses. --
49.1% ($196,000) ·- ··- --
44.7% ($11,873) Expenses to be incurred later in the yea r. --55.1% _ $44,248 Insurance charge done once per fiscal year. __ _ - -41.1% ($38,979) Well Plugging expenses not yet incurred
---39.5% ($10,568) Other Cont ractual Services not yet expended.
--- -··-
9.6% ($19,900) Costs to demolish st ructures condemned by BCC
vary and don't occur regula rly throughout year. --- - - -40.8% ($10,800)
Phone system upgrade to be completed later
-- !_his year. _ _ __
Commiss ion charged on Ad Valorem collections, 187.2% $109,732 most collected by December. TC returns excess
fees at year end.
48.1% ($498,364)
'° ...
Quarterly Budget Report - Budget to Actual Expense Comparison FY 2015-2016 2nd Qtr
111- Transf)ortation Fund - - - - ,- - - -- -- - --
Quarterly Budget
Department Description BUDGET (50% of Total) YTD Expenses
199 Reserves $1,554,335 $777,167 $432,551
214 Roads And Bridges $7,377,040 $3,688,520 $3,265,221 --····----·----
243 Public Works $295,143 $147,572 $143,965
244 County Engineering . -- -··-···- ..
$2,0_2~,6~4 -- .. $1,013,322 $854,138
245 Traffic Engineering $2,584,797 $1,292,398 $1,053,881
281 Stormwater $608,344 $304,172 $197,542
Grand Total $14,446,303 $7,223,152 $5,947,298
114 Emergency Services District
Quarterly Budget
Department Description BUDGET (50% ofTotal) YTD Expenses
Salaries $17,404,386 $8,702,193 $7,661,933
-----
Benefits $8,196,785 $4,098,393 $3,635,312
·- -- ---
Operating $4,647,239 $2,323,620 $2,342,077 · ·· ·-- -- - ·· •
~ l ~_ut!~- $5,653,697 $2,826,849 $2,448,798 --
Grants and Aids $13,822 $6,911 $13,821 -·-· · ·· -
Other Uses $756,032 $378,016 $636,407
Grand Total $36,671,961 $18,335,981 $16,738,347
Grand Total - All Taxing Funds $159,223,127 $79,611,563 $77,367,395
Percentage of Difference from
Annual Budget 50% Comments/ Notes
27.8% ($344,616) Contingencies budgeted, but not expended. ·· --- --
44.3% ($423,299) Fuel and road materials currently under budget.
48.8% ($3,607) - ·- ·- ~ ---42.1% ($159,184) Multiple po~ition vacancies. -40.8% ($238,517)
Multiple position vacancies and signal
- - -- enhancements t o be C?mpleted later this year. 32.5% ($106,630) Capital equipment purchases not yet made.
41.2% ($1,275,853)
Percentage of Di fference from
Annual Budget 50% Comments/ Notes
12.1 pay periods out of 26 were paid in 2
44.0% ($1,040,260) quarters. This is 4 7% of salaries rather than
50%. Employee turnover is also contributing t o
the decrease. -12.1 pay periods out of 26 w ere paid in 2
44.4% ($463,081) quarters. This is 47% of salaries rather than
50%. Employee turnover is also contributing t o
the decrease. -
50.4% $18,458 - - -- - --43.3% ($378,051) Some capital items not yet purchased.
- -100.0% $6,910
Payment t o Division of Forestry made once per
- - year, done in October. __
84.2% $258,391 Tax Collector runs at a deficit until excess fees
are returned at fiscal year end.
45.6% ($1,597,633)
48.6% ($2,244,169)
'° t-.)
Quarterly Budget Report - Budget to Actual Revenue Comparison FV 2015-2016 2nd Qtr
001- GENERAL FUND
Account Description
001031 Taxes
001033 Intergovernmental
001034 Charges For Services
001035 Judgments,Fines & Forfeits
001036 Licenses ------------001037 Interest
001037 Interest Mark to Market Adjustment
001038 Miscellaneous . .. •.. ··-· ---•··· ··- -·-·--·
001039 Other Sources
Grand Total
004 MUNICIPAL SERVICE FUND
Account Description
004031 Taxes
Quarterly
Budget (50% of
BUDGET Total) YTD Revenues
$45,839,223 $22,919,612 $42,727,090
.. . --·- ·· -···-··
$8,872,101 $4,436,050 $5,031,763 -----,.-,. -·-··
$774,188 $387,094 $481,265 - ~---. --- . ·---
$224,200 $112,100 $96,752 -- ~----- --·-
$104,500
$107,500 ____ ,., ..
$0
$4,149,383
$21,334,109
$81,405,203
BUDGET
$9,377,174
$52,250
$53,750
$0 ··-·
$2,074,691
$10,667,055
$40,702,602
Quarterly
Budget (50% of
$54,590
$81,963
$10,388
$2,603,929
$7,865,921
$58,953,660
Total) l YTD Revenues
$4,688,587 $7,999,572
1-------------1---- -. ·---+------+---
004032 Permits And Fees $8,627,900 $4,313,950 $3,937,428 ,___ ____________ --- 1 ... . ------11------+----
Percentage of
Ann ua I Budget
93.2%
56.7%
62.2% --· .
43.2% -···· ··
52.2%
76.2% , ._ _, -·--·--·
N/A ··· - ·- -
62.8%
36.9%
72.4%
Percentage of
Annual Budget
85.3%
45.6% ··-
Difference from
50%
$19,807,478
-···-·
$595,713
$94,172 -·-
($15,348)
$2,340 ···•--$28,213
$10,388
$529,237
($2,801,134)
$18,251,059
Difference from
50%
Comments/ Notes
The county budgets ad valorem taxes @ 95% collection.
Most are paid by Nov t o receive t he 4% discount -····-·
Some grants may be awarded in full at the beginning of the fiscal year. __
Received up front payment from Sheriff for Resource
Officers paymeri.!...fr_o_m Schools ·---Radio Tower rents and Animal Control Fines slightly
below budget_~~ figures ___
•. ·-····-
Interest earnings higher than anticipated · ·- .
Non-Cash entry required by GASB made quarterly --· ~--·• -·-·
Surplus sales, grants, library donations and rebate fees
higher t han anticip~t~_d . .
Cash forward reserves budgeted, but not actual
Comments/ Notes
The county budgets ad valorem taxes @ 95% collection.
$ 310 98 I Most are paid in Nov t o receive 4% discount. MSTU
3• '
5 includes communications tax and business tax which
makes this % lower than other funds. ------11-----
($376,522) ~ag time in receiving franchise fee payments- 5 payments in 6 months
---------] c1n ncn I Lag time in receiving 1/ 2 Cent Sales Tax- 5 payments in 6
;>L,oJ::::,,::::,v::::, I ;>£,::,u::::,,::::,o::::, I ;:,u. 'J IIL I mnnt-hir
·---~-- - - -$643,6251 $321,813 I_ __ $i87,-141 I 44.6% _l ($34,672)1 Pool and_~ecreation revenues increase in summer
004033 Intergovernmental $5,790,606 rn 2%
004034 Charges For Services
004035 Judgments,Fines & Forfeits
44.6%
32.1 , ' ' 1% I ($24,662)1Code enforcement fines down
,_____ I $39,5691 $19,78~ 1. $36,030 I 91.1% , _ _ $1 6:245 lnterf>st hi.,hPr th;in ;intici~;itp,l ~= · · · /A I $5,060 I Non-Cash en~-~-~-equired by GASB made quarterl_y __ _ 004037 Interest Mark to Market Adjustment
l----------------1-----
004037 Interest 91.1%
N,
--· $6,8531 $8,4321
$0
004038 Miscellaneous $13,705
004039 Other Sources $2,069,331 $1,034,666
61.5% - ··-··
0.0%
$1,580 I surplus Sales hig~_e_r t_h_a_n_a_n_ti_ci.:..p_at_e_d _______ --1
($1,034,666)1Cash forward reserves budgeted, but not actual --Grand Total $26,699,660 $13,349,830 $15,223,238 57.0% $1,873,408
'° ~
Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2015-2016 2nd Qtr
111 TRANSPORTATION FUND .. -·--- ----------- - ----Quarterly
Budget (50% of Percentage of Difference from Department Description BUDGET Total) YTD Revenues Annual Budget 50% Comments/ Notes
111032 Permits And Fees $175,750 $87,875 $103,409 58.8% $15,534 Paving assessment s entry completed at yea rend 1-----------.·- ------+--.. ·-----+--- -·-+----- -- ------;---- ··------------ ---1 111033 Intergovernmental $2,552,627 $1,276,313 $1,202,889 47.1% ($73,425) Only S Gas Tax payments received in 6 mont hs
-- . - --- .. . ·- ------
~03~ Charges For Servic~s-------+-- $91,200 $45,600 $22,165 24._3% ($23,435) MPO Services reimbursements done at year en_d ___ ....,
111037 Interest $32,000 $16,000 $18,398 57.5% $2,398 Interest earnings higher t han anticipated ---------··· -+-------- - ---- ·--t------ .. ----- -------
111037 Interest Mark to Market Adjustment $0 $0 $1,641 N/A $1,641 Non-Cash entry required by GASB made quarterly -·· ------ --------!--- - -----+-- ------ ----- ------•---- -
111038 Miscellaneous ------''--- $417,525 $208,763 $~31,908 S_S:5% _ $23,146 Surplus Sales higher than antici~ated ·•-----'
111039 Other Sources $11,177,201 $5,588,601 $4,599,887 41.2% ($988,714) Cash forward reserves budgeted, but not actual
Grand Total $14,446,303 $7,223,151 $6,180,297 42.8% ($1,042,854)
114 EMERGENCY SERVICES DISTRICT ---- -
Quarterly Budget (50% of Percentage of Difference from
Department Description BUDGET Total) YTD Revenues Annual Budget 50% Comments/ Notes
114031 Taxes $25,209,922 $12,604,961 $23,315,542 92.5% $10,710,581 The county budgets ad valorem t axes @ 95% collection. Most are paid by Nov. to receive the 4% discount ~ .. . · ·· -
114033 Intergovernmental $74,434 $37,217 $66,433 89.3% $29,216 Grant paid on advance basis .. -. - --
$5,174,951 $2,587,476 $3,083,976 59.6% $496,500 Permit, Inspection, and ALS revenues higher t han 114034 Charges For Services anticipated .. - . ··-- --114035 Judgments,Fines & Forfeits $11,400 $5,700 $2,300 20.2% ($3,400) False Fire Alarm revenues down slightly ----•· .. ·- -·- .
11403 7 Interest $30,000 $15,000 $28,137 - ..
93.8% $13,137 Interest higher than anticipated 114037 Interest Mark to Market Adjustment $0 $0 $3,993 N/A $3,993 Non-Cash entry required by GASB made quarterly - . ···-- ·- .. -- . . 114038 Miscellaneous $37,820 $18,910 $32,380 85.6% $13,470 Surplus Sales higher than ant icipated ~-- --~~
114039 Other Sources $6,133,433 $3,066,717 $0 0.0% ($3,066,717) Cash forward reserves budgeted, but not actual Grand Total $36,671,961 $18,335,980 $26,532,761 72.4% $8,196,781
Grand Total - All Taxing funds $159,223,126 $79,611,563 $106,889,957 67.1% $27,278,393
'° ,la,.
Financial Indicators Snapshot - Mar 2016
Compared to Prior Year
Report
% Change I % Change Year-
Current Month to-Date
Revenues
Gas Tax (Fund 109}
Optional Sales Tax (Fund 315)
Half Cent Sales Tax 3.7% · - 5.3%
Traffic Impact Fees (Fund 102) 42.4% • 77.4%
Impact Fees (Fund 103) 93.5% ... 33.3%
,,.,. Tourist Tax 12.2%
-Franchise Fees-TOTAL -0.5%
--Recreation Revenues --
NCAC 32.3%
GAC -19.9%
Recreation 10.2% --Profit & Loss __ , Building Dept. 88.3%
--- --Golf Course n/a
Fleet n/a
SWDD n/a
Shooting Range n/a
Compared to Budget
% Variance
Current
Month
% Variance
Year-to-Date
8.7%
13.8%
6.5%
19.2%
51.1%Pi
:01.0%
10.1%
Comments
Down slightly from last year for the month- Up from budget for the month and YT0
Thru Feb collections-trend is positive-YTD figures have exceeded prior year by $288,445 --··---YTD figures have exceeded prior year by $194,693
Varies by month, however,significant annual increase
Varies by month, however,significant annual increase
-~--Tourist Taxes have exceeded the budget by $178,480
overall Franchise Tax revenue of $4,325,774vs $4,348,052 from last year.
Pool closed for refurbish Nov 3- Dec 22- 2014 Revenues coming back
Pool had additonal patrons last year due to NCAC closed
South County Youth Athletics up from last year
Revenue as well as expenses have increased
Total Rounds are down 1,495 or 2.7% YTD. Net income of $932,834 vs $983,351 from last year
Fleet YTD net income of $119,869 vs $130,639 from last year
SWD D YT• net income of $6,291,197 vs $4,581,576 from last year Shooting Range YT0 net income of ($47,174) vs
($2,2961 from last year
FY 2015/2016 BUDGET RECONCILIATION October 1, 2015 to March 31, 2016 Budget
I Approved Budget as of October 1, 2015 $ 219,999,908 1
Fund Item Description Budget Amendment
Grants Received 001 Sheriff/DOJ/SCAAP Grant 45,022 4
001 EMS/Cert and EMPG Grants 114,879 9
001 DOT Public Trans Block Grant 446,117 9
001 Section 5311 Grant 65,304 9
108 HUDNerterans Affairs Supportive Housing Grant 46,246 9
114 EMS/County Awards Grant 29,309 9
124 FOOT Safe Routes Grant 8,236 12
133 FIND Small Derelict Vessel Removal Grant 9,750 9 & 11
315 Hunter Education Classroom Grant 144,000 12
315 CDBG/East Gifford Drainage Grant 30,000 13
315 FDEP/45th Street Oyster Project Grant 50,000 14
315 FOOT LAP GranWLE Sidewalks-grant reduced -67,585 14
921,278
Projects Carried Forward from FY 2014/15
001 Library Carpeting 62,184 2
001 Parks/Other Machinery & Equip 53,778 2
001 Facilities Mgmt/Maintenance-AC 3,774 2
001 Facilities Mgmt/Other Improvements Except Bldgs 86,162 2
001 Animal Control/Automotive 24,930 2
001 Sheriff/Corrections 15,480 3
001 Senior Resource Associaiton 2,296,493 11
001 County Attorney/All Aboard Florida 106,529 11
001 Agencies/Economic Devlepment Positiong Initiative 20,500 11
001 EMSNarious Grants 15,877 11
001 Parks/Other Operating Supplies 5,000 11
001 Facilities Management/Legal Services-Admin Svcs 11,267 11
004 County Attorney/Legal Services- FMPA 22,789 11
004 Road & Bridge/Other Contractual Services 49,221 11
102 Traffic Impact Fees/Road Projects 2,283,717 11
103 Impact Fees/Parks/SC Intergenerational Facility 1,488,339 2
103 Impact Fees/Law Enforcement 589,177 3 & 11
103 Impact Fees/Corrections 90,935 3
103 Impact Fees/Emergency Services 47,891 11
103 Impact Fees/Parks 125,000 11
103 Impact Fees/Sporting Clays Course 366,723 11
103 Impact Fees/Public Buildings/Land 400,000 11
108 Section 8 Housing/TBRA Grant 111,760 11
109 Secondary Roads/Road Projects 6 ,202,432 11
111 Road & Bridge/Other Machinery & Equip 3,1 86 2 111 Traffic Engineering/Traffic Signals 30,000 11
111 Engineering/Automotive 26,135 2
111 Traffic Engineering/State Highway Signal Improvements 76,613 2
114 Fire Rescue/Maint-Bldgs 1,085 2
114 Fire Rescue/Maint-Heavy Equipment 30,597 2
114 Fire Rescue/Operating Supplies/Modular Buildings 55,063 2 & 11
114 Fire Rescue//Modular Buildings 54,395 11
114 Fire Rescue/Automotive 1,485,469 2
114 Fire Rescue/Other Machinery & Equip 61 ,824 2
114 Fire Rescue/EMS County Awards 15,131 11
114 Fire Rescue/FS# 7 Rennovations 499,800 11
114 Fire Rescue/FS# 13 47,094 11
114 Fire Rescue/Other Operaring Supplies 18,537 11
114 Fire Rescue/Uniforms & Clothing 22,990 11
F:\Budget\Quarterly Budget Reports\Budget Amendment History 95
114 Fire Rescue/Machinery & Equipment 151,855 11 114 Fire Rescue/EDP Equipment 3,991 11 114 Fire Rescue/Communications Equipment-All 15,073 11 114 Fire Rescue/Automotive 199,554 11 114 Fire Rescue/Other Improvements Except Bldgs 5,000 11 114 Fire Rescue/Station # 1 Rennovations 1,500,000 11 117 Parks/Landscape Materials 100,000 11 123 SHIP Program/Purchase Assistance Loan 322,358 11 124 Planning/Transit Hub Project 1,174,915 11 127 Parks/Other Contractual Services 50,000 11 133 Pasrks/Other Contractual Services 490,771 11 136 Rental Assistance/HUD Grants 42,009 11 140 Facilities Mgmt/Maint-Other Equipment 7,494 2 140 Facilities Mgmt/New Courtroom 213,634 11 145 Other Improvements Except Buildings 25,000 11 171 Drainage System 19,000 11 181 45th Street Beautification 50,000 11 185 Raod & Bridge/Millings 472,252 11 315 Parks/Gifford Parks Improvements 20,000 11 315 Parks/Sporting Clays Course 2,000,000 11 315 Road Projects 8,327,338 11 315 Main Library/Air Conditioning 5,580 2 315 Fire Rescue/Automotive 1,211,102 2 315 Fire Rescue/P25 compliance 1,000,000 11 315 Parks/Other lmpr. Except Buildings 337,889 2 & 11 315 Parks/SC Intergenerational Facility 9,021,646 2 & 11 315 Sheriff/Law Enforcement 1,326,642 3&11&13 315 Sheriff/Corrections 241,456 3 315 Facilities Maint/Displaced & New Courtroom 4,000,000 11 315 Facilities Maint/New Admin Roof 4,000,000 11 315 East Gifford Drainage 176,728 11 315 Land for future public bldgs 800,000 11 315 Facilities Maint/New HVAC controls 410,908 11 315 Senior Resource Association/Bus Shelters 5,141 11 315 Parks/Conservation Areas 150,000 11 315 Facilities Maint/Other Bldgs 2,000,000 11 315 Budget Transfer-Clerk of Court 31 ,870 11 315 Supervisor of Elections/Other Machinery & Equip 466,667 11 471 Wastewater Treatment/R&R 16,410 2 471 General & Engineering/Misc Sewer R&R 7,697 2 471 General & Engineering/Roseland Road Pump 19,688 2 471 Wastewater Collection/R&R 12,988 2
57,340,533
Donations/Contributions 001 Donations/Library 27,438 4 & 14 001 Donations/Bougainvillea Garden Circle for bench at courthouse 1,495 g
001 Donations/Health Dept /MLK Park 5,500 9 001 LC Construction/Reimburse bus shelter 6,509 13 004 FP&UHuman Services 500 12 004 RecreationNero Codgers 2,780 13 109 Developer Contributions/45th street millings 20,000 12 134 Donations/Library 10,741 4
74,963
F:\Budget\Quarterly Budget Reports\Budget Amendment History 96
Unbudgeted Items 001 Sheriff/Law Enforcement/SRO & 2nd SRO 61 ,242 4&9
001 Sheriff/Mental Health Court 202,410 7
001 Facilities Maint/Other Contractual Services 32,500 14
001 Overtime/payouts 48,281 14
001 SRNGrant match 117,207 14
103 Main Library/Fund CIE 993,723 14
112 Law Enforcement Trust Fund/Ballistic helmets 30,000 14
114 Fire Rescue/Equip new vehicles with radios 292,000 9
119 Dodgertown/Maint-Other Equipment 5,000 12
126 Law Enforcement Trust Fund/Confiscated Properties 147,429 1 & 8 & 15
133 FIND Small Derelict Vessel Removal Grant-match 3,250 9 & 11
137 Traffic Education/lR School District 21 ,650 5
140 Facility Maint/Maint-Other Equip 800 14
315 Park/MLK Park 160,000 4
315 Parks/Hunter Education Classroom-match 316,000 12 315 Facililties MainUHVAC controls 266,745 12
315 Transfer Out/West Wabasso Sewer Project II 196,472 13
315 Public Works/Fund CIE 150,000 14
441 Building Department/Other Professional Services 250,000 12
441 Building Department/Part-time employee 39,398 14
502 Risk/Budget Director 16,042 14
505 Computers Services/IT Security Assessment 49,900 9 505 Compeur Services/Budget Transfer-Clerk of Court 11,050 11
3,411,099
Total - All Amendments 61,747,873
! Total Budget as of March 31, 2016 $ 341,747,781
F: \Budget\Quarterly Budget Reports\Budget Amendment History 97
'° 0C
Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2015-2016 2nd Qtr
001- GENERAL FUND Quarterly
Budget (50% of
Account Description BUDGET Total) YTD Revenues
001031 Taxes $45,839,223 $22,919,612 $42,727,090
---·--· 001033 Intergovernmental $8,872,101 $4,436,050 $5,031,763
. . ..
001034 Charges For Services $774,188 $387,094 $481,265 - ··• --.•- ·---·
001035 Judgments,Fines & Forfeits $224,200 $112,100 $96,752 ...
001036 Licenses $104,500 $52,250 $54,590 ---------·-· -- .
001037 Interest $107,500 $53,750 $81,963 -- - --
001037 Interest Mark to Market Adjustment $0 $0 $10,388
001038 Miscellaneous $4,149,383 $2,074,691 $2,603,929 ----· -
001039 Other Sources $21,334,109 $10,667,055 $7,865,921
Grand Total $81,405,203 $40,702,602 $58,953,660
004 MUNICIPAL SERVICE FUND Quarterly
Budget (50% of
Account Description BUDGET Total) YTD Revenues
004031 Taxes $9,377,174 $4,688,587 S7,999;572
-- --004032 Permits And Fees $8,627,900 $4,313,950 $3,937,428
·- -- ···-··- ·
004033 Intergovernmental $5,790,606 $2,895,303 $2,905,363 ---·-- ...
~ 4 Charges For Services $643,625 $321,813 $287,141 -- ···
004035 Judgments,Fines & Forfeits $137,750 $68,875 $44,213 - --·· ···-· - -- ·--
004037 Interest $39,569 $19,785 $36,030 ··- ··
004037 Interest Mark to Market Adjustment so so $5,060 ·--
004038 Miscellaneous $13,705 $6,853 $8,432 •·--~
004039 Other Sources $2,069,331 $1,034,666 $0 Grand Total $26,699,660 $13,349,830 $15,223,238
Percentage of Difference from
Annual Budget 50% Comments/ Notes
93.2% $19,807,478 The county budgets ad valorem taxes @ 95% collection.
Most are paid by Nov to receive the 4% discount
56.7% $595,713 Some grants may be awarded in full at the beginning of
·- the fiscal ye~r. _ _ _
62.2% $94,172 Received up front payment from Sheriff for Resource
----· Officers payment from Schools
43.2% ($15,348) Radio Tower rents and Animal Control Fines slightly
. . . below budgeted figures _ .. _ ___ _ ___
52.2% $2,340 - -76.2% $28,213 Interest earnings higher than anticipated
N/A $10,388 Non-Cash entry required by GASB made quarterly
62.8% $529,237 Surplus sales, grants, library donat ions and rebate fees higher than anticipated
36.9% ($2,801,134) Cash forward reserves budgeted, but not actual
72.4% $18,251,059
Percentage of Difference from Annual Budget 50% Comments/ Notes
The county budgets ad valorem taxes @ 95% collect ion.
85.3% $3,310,985 Most are paid in Nov to receive 4% discount. MSTU
includes communicat ions tax and business tax which makes this % lower than other funds.
"•• -
45.6% ($376,522) Lag time in receiving franchise fee payments- 5 payments in 6 months
50.2% $10,060 Lag time in receiving 1/2 Cent Sales Tax- 5 payments in 6 months ..
44.6% ($34,672) Pool and recreation revenues increase in summer
32.1% ($24,662) Code enforcement fines down · - ·-
91.1% $16,245 Interest higher than anticipated
N/ A $5,060 Non-Cash entry required by GASB made quarterly - ··--
61.5% - -
$1,580 Surplus Sales higher t han anticipated
0.0% ($1,034,666) Cash forward reserves budgeted, but not actual
57.0% $1,873,408
'° \Cl
Quarterly Budget Report ~ Budget to Actual Revenue Comparison FY 2015-2016 2nd Qtr
111 TRANSPORTATION FUND ---- - ··--· ----------- - -·--
Quarterly
Budget (50% of
Department Description BUDGET Total) YTD Revenues
111032 Permits And Fees $175,750 $87,875 $103,409 - -- ···
,111033 Intergovernmental $2,552,627 $1,276,313 $1,202,889 ··· - - --- -·-----
111034 Charges For Services $91,200 $45,600 $22,165 ·- ·--·-·-·
111037 Interest $32,000 $16,000 $18,398 ... -· - ···· ··- -······- --
111037 Interest Mark to Market Adjustment $0 $0 $1,641 ---- ···-··------ ---111038 Miscellaneous $417,525 $208,763 $231,908
Percentage of Difference from
Annual Budget 50%
58.8% $15,534 --
47.1% ($73,425) --
24.3% ($23,435)
57.5% $2,398 -N/A $1,641
55.5% $23,146 - ·--· --··-··- ------ --111039 Other Sources $11,177,201 $5,588,601 $4,599,887 41.2% ($988,714)
Grand Total $14,446,303 $7,223,151 $6,180,297 42.8% ($1,042,854)
114 EMERGENCY SERVICES DISTRICT Quarterly
Budget (50% of Percentage of Difference from
Department Description BUDGET Total) YTD Revenues Annual Budget 50%
114031 Taxes $25,209,922 $12,604,961 $23,315,542 92.5% $10,710,581 --- - - -- --114033 Intergovernmental $74,434 $37,217 $66,433 89.3% $29,216
--··
114034 Charges For Services $5,174,951 $2,587,476 $3,083,976 59.6% $496,500 - - - ·- --
114035 Judgments,Fines & Forfeits $11,400 $5,700 $2,300 20.2% ($3,400)
114037 Interest $30,000 $15,000 $28,137 93.8% $13,137 ___ ,. -- --
114037 Interest Mark to Market Adjustment $0 $0 $3,993 N/A $3,993 ------
114038 Miscellaneous $37,820 $18,910 $32,380 85.6% $13,470 ----. ·- ··· ··-·------· --r--··------114039 Other Sources $6,133,433 $3,066,717 $0 0.0% ($3,066,717)
Grand Total $36,671,961 $18,335,980 $26,532,761 72.4% $8,196,781
Grand Total - All Taxing funds $159,223,126 $79,611,563 $106,889,957 67.1% $27,278,393
Comments/ Notes
Paving assessments entry completed at yea rend
Only 5 Gas Tax payments received in 6 months
MPO Services reimbursements done at year end --
Interest earnings higher than anticipated .. -
Non-Cash ent ry required by GASB made quarterly --
Surplus Sales higher than ant icipated
Cash forward reserves budgeted, but not actual
Comments/ Notes
The county budgets ad valorem taxes @ 95% collection.
Most are paid by Nov. to receive the 4% discount -
Grant paid on advance basis
Permit, Inspection, and AlS revenues higher than anticipated -- -False Fire Alarm revenues down slightly -- -Interest higher than anticipated
Non-Cash entry required by GASB made quarterly
Surplus Sales higher t han anticipated -·-
Cash forward reserves budgeted, but not actual
DATE:
TO:
THROUGH:
FROM:
SUBJECT:
BACKGROUND
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
May 2, 2016
BOARD OF COUNTY COMMISSIONERS
Joseph A. Baird, County Administrator
Michael Smykowsk~~get Director
Jennifer Hyde, Purchasing Manag4'
Declaration of 16th Street Ballfields as Surplus and Authorization for Disposal
Public Discussion Items were brought before the Board on January 12, 2016 and February 2, 2016 regarding the condition and value of the County-owned baseball facility located at 1900 16th Street. On February 16, 2016, the _Board approved an agreement to terminate the existing lease, effective June 1, 2016. The Recreation Division has no plans to utilize the facility after that date.
EVALUATION
Staff believes it is in the County's best interest to declare the facility as surplus and dispose of it. The County Administrator sent an initial letter to Dr. Mark Rendell, School Superintendent, dated January 18, 2016 requesting whether the School District had any interest in leasing, purchasing, or exchanging other property for the 16th Street Ballfields. (See Attachment 1). No response was received to this letter.
The Assistant County Administrator sent two separate e-mails to the School District Director of Facilities in April 2016 in an effort to ascertain the School District' s interest in acquiring the 16th
Street Ballfield Complex property.
Pursuant to Board direction on April 12, 2016 to dispose of the property, the County Administrator sent another letter (dated April 20, 2106} to the School Superintendent addressing a number of issues, including the Board of County Commissioners' policy direction to proceed with selling the 16th Street Ballfield Complex. It was further noted that staff was in the process of preparing a request for bids on this site. (See Attachment 2). No response was received to this letter.
Finally, the County Administrator sent a final fetter dated May 4, 2016 to the School Superintendent requesting a written response by close of business on Monday May 9, 2016 to
100
address whether the School District had any interest in the 16th Street Ballfield Complex property. (See Attachment 3).
LAND USE DESIGNATION AND ZONING
County Planning staff reviewed and confirmed the land use designations and zoning of the 16th
Street Ballfield Complex property (approximately 11.76 acres) with City of Vero Beach Planning staff.
The Land Use classification is Governmental/Institutional/Public Use. Governmental facilities include administrative buildings, cultural facilities operations, and correctional institutions. Also included are public and private educational facilities, hospitals, and transportation terminals, including small-scale recreational facilities compatible with and subordinate to an existing governmental utility.
Zoning is R-1 and permitted uses include single-family residential, community gardens, and accessory structures and facilities. (Land use designations, permitted uses, aerial map, and land use/zoning maps are included in Attachment 4).
FUNDING
Advertising expenses associated with a sealed bid sale, estimated at $300.00 will be made available in General Fund Account 00121613-034910, Purchasing Legal Ads.
RECOMMENDATION
Staff recommends the Board designate parcel 33390200000700000001.3 as surplus to the County's needs and direct its disposal by sealed bid sale. Bids would not be accepted prior to the termination of the existing lease, and the high bid will be presented to the Board for award and ratification.
APPROVED AGENDA ITEM
Indian River Co Admin
legal Budget
Department
FOR: ___ ...:..M::..:..a::...y'-l::.:0::.J.1-=2=0=16=-------- Risk Manager
101
..
Attachment 1 Page 1 of 3
BOARD OF COUNTY COMMISSIONERS
January 18, 2016
Dr. Mark RcndclL Superintendent Indian River Countv School Board 6500 5th Street · Vero Beach, Fl 32967
Dear Dr. Rendell :
At the Board of County Commission Meeting of January 12th, 2016. the Board discussed the 16th
Street Sports Complex located at 1900 16th Strl.!e t, directly across from the Vero Beach High School. During this discussion, the l)oard dirccte.d me to contact you.
This is an 11.76 acre parcel with three ballfields. In the past, we have had a •·gentlemen's" agreement that the School Board could use this property for parking during football games and other special events. Prior to negotiating a new lease with an outside group, the Board wanted to determine i f th\! School District had any interest in lettsing, purch~sing. ot exchanging other property for these facilities.
I would be glad to discuss. this with you further. Feet free to contact me at 772~226-1408 if you would like to meet or if you would like additional information.
Sincerely,
.t
I _::- ·11 ~- 1.. .1; -- ~ < ~--; f ~/~
•• •• , . .. , . ·'-9' • '-•
Joseph A. Baird County Administrator
0Ffi1CE OF THE COUNTYADMINJSTRA TOR INDIAN RIVER COUNTY
1801 271h Street, Vero Beach, Fl 32960~3388
PHONE; 772-226-1408 - FAX: 772-978'-1822
102
-e ~
Indian River County, Florida Property Appraiser's office: . ASA CFA Parcel - 3.3390200000700000001.3
Page 1 ·- Run at 1/18/2016
GENERAL PARCEL lf',1£ORMATION Owner INDIAN RIVER COUNTY, Property Address 1900 16TH ST
VEf:iO BEACH, FL 32960 Mailing Address 1801 27TH ST
legal Description
Property Use iaxCode Neighborhood Appraisal Date
VERO BEACH, FL 32960
FROM SW COR OF SE1/4 RUN N 80 FT TO N R/WOF 16TH ST& POB, TH E943.19 FT TOW R/V-,/OF 17' 8600 - COUNTY FORECLOSED/OWNED S (City of Vero Beach) ·990167.00 - 27TH AVE E/HIGH SCH M&B 1/17/2012 .
LANDA ~=$S=E=S=S~M=E=N~T~H=IS-T=O~R~Y----------------Rec Land Use Zoning Acre& Units Unit Type Front Oepth Adj. Code Year PUse VBy land JV Bldg Va.I Misc Val CAMAVal
$512,990 $464,690 $455,200 $460,510
Taxes $56.88 $34.05 $30.44 $29.39
001 89A • MUNIClPALNOT R-1 11.76 11.76 A-ACRE 0 O NA 2015 8600 C $299,880 $12,900 $200,210 2014 8600 C $282,240 $11 ,900 $170,550 2013 8600 C $268,130 $11,900 $175,170 2012 8600 C $268,130 $12,600 $179,780
.SAt.f;S BUILDING PERMIT SUMMARY Number Type Issue Date Comp. Date 20110702 DEML • DEMOLITION 2()050520 HMl4 - HURRICANE 5/19/2005 98120488 FC • FENCE OTHER 1Z/14l1998 96080390 ALTS • 10/16/1996
MISCELLANEOU§ IMPROVEMENTS Rec. No. Bldg. No. Misc Code No. Units Yr. Bit Dep%
005 000 CLF6 • CHAIN LINK FENCE. 6' 3450 1982 61
004 000 UT2 • UTILITY, DETACHED 800 1998 8():4
003 000 UT2 - UTILITY, DETACHED 800 1998 80.4
002 000 AALiHPS • COMM LIGHT HP 125 1982 68
001 000 AALTAMBK • COMM LIGHT POLE 938 1982 68
'"Cl :;,a OJ rt lQ rt (l) CJ
(') N ::;
3 0 (l) Hi ::::,
rt w
......
-= .....
Indian River County, Florida Property Appraiser's office: , ASA CFA Parcel - 33390200000700000001.3
COMMERCIAlr~rclJ)Jl1 Building~ Actual Use Class Grade Eff Year BldgOualf!Y Exterior i. {%) Exterior 2 (%} Roof Type Code Roo!Code 1 (%) Roof Code .2 (%) Frame Type Units. Floor Type Floor Cover Ceiling Plumbing HVAC 1 (%) HVACUp(%)'
USHED • USHED •
C 001.00
1982 AV
CB· CONCRETE 8LOCK(100) NA • NOT APPLiCABLE(OOO)
Fl..T • FLAT BUILT · BUILHJP, ROCK (100)
NA • NOT APPLICABLE (000) MS· MASONRY
NA 0000 cs
NO· NONE NO • NO CEILING
000 NA(100) NA(OOO)
COMMERCIAL record 002 Building Use BATHR • Actual Use BATHR • Class· C Grade 001.00 Eff Year 1962 Bldg Quality AV Exterior l (%} STC - Sl:UCCOOOO} ExteriQr 2. (%) NA • NOT APPLICABLE(OOO) Roof Type Code HIP • HIP Roof Code 1 {~MPS • COMPOSITION; SHINGLE (100) Roof, Code 2 (%) NA • NOT APPLICABLE (000) Frame MS. MASONRY Type NA Units 0000 Floor Type CS Floor Cover NO • NONE CeiHng DRY • DRYWAU. Plumbing 000 HVAC 1 (%) NONE{1Q0) HVAC Up (o/o) . NA(OOO)
E:f!Year SptinklerType Sprinkler Area $pnnkler% Dry Chem Code Dry Chem Units Stories Height Group Petlmiler Condillon Year Built Special Rate Lump Sum Code 1 (o/•} Lump Sum Code•2 (%} L!Jmp Sum Code 3 (.¾) DeprTab!e Pct Cond Fuhc .Ulil
Eff Ye.ar Sprinkler Type Sprinkler Area Sprinkler% Dry. Chem Code Oiy Chem Units .Stories Height Group Perimiter Condition Year Built Special Rate Lump S11m c«fe 1 (%) Lump Suiri Code 2 (°to) Lump Surri Code 3 (%) Del)f Table PctCond Fune Ulil
1982 NA
0000000000 000 NA
00000 01 08
COM 0056
AV 1962
0000.00 NONl:(00000) NONE(OOOO0) NONE(OO0OO)
93 076 100
1962 NA
0000000000 000 NA
00000 01 10
COM 0054
AV .1962
0000.00 NONE(OOO00) NONE(OOO00) NONE(OOO00)
. 93 032 100
Page 2 - Hun at: 1/18/2016
[
IA ; 10 IB 10 10
'12 121 22 ' .· .· · .. 12112
10 · : 10 ' 10
121
Scale: 5ft
l°AlUSHEDi LJ 160sqft
Scale: ... Sft.
[] BATHR 120 sqft • BATHR, 120 sqft
lf7 BATHR LJ 120~cift
'U :i:,, O> rt
LO rt (1) O>
()
w::r :3
0 (1) H1 ::i
rt w
f--:'
Telephone: 772-226· 1408
April 20, 2016
Dr. Mark L Rendell Superintendent School District of Indian River County 6500 57th Street Vero Beach, FL 32967
Subject: School District Constructio.n Issues 1. Citrus Elementary School Expansion
Attachment 2 Page 1 of,l
FAX: 772-978-1822
2. Chilled Water Pipes Within County Road Right-Of~Ways
Dear Dr. Rendell,
Recently I wrote about the referenced issues currently under discussion between School District and County staff members. To date, I have not heard ariything that would indicate we are nearing any resolution on these issues. Please provide me with a time li.ne of the process you .intend to take to resolve these issues. I would also appreciate clarification of the District's position on these matters. ·
On another matter, I wanted to let you know that the Board of County Commission has instructed me to proceed with selling the 16th Street Ballfield Complex. Staff is in the process of preparing a request for bids on this site.
If you have any questions or would like to discuss these matters further, please contact me at (772) 226~1408.
Sincerely,
JAB/dr
cc: Christopher R. Mora, P.E. - Public Work.s Director Stan Boling - Community Development Director Rich Szpyrka, P .E. - Assistant Public Works Director Kimberly Graham., P.E. - County Traffic Engineer
105
Attachment 3 Page 1 of 1
BOARD OF COUNTY COMMISSIONERS OFFICE OF THE COUNTY ADMINISTRATOR
Telephone: 772-226-1408
May 4, 2016
Dr. Mark L. Rendell Superintendent
1801 27th Street, Vero Beach, Florida 32960
School District of Indian River County 6500 5,1h Street Vero Beach, FL 32967
Subject: 16th Street Ballfields
Dear Dr. Rendell:
FAX: 772-978-1822
Please be advised that at its regular meeting of April 12, 2016, the Board discussed the disposition of the 16th Street Ballfields Complex. The Board directed staff to offer the 16th Street Ballfield Complex for sale and utilize the proceeds to make improvements to other County recreational facilities. The general consensus of the Board was to sell the property outright, and that they no longer had an interest in a property trade.
At the Board of County Commission meeting of May 10th, staff will be requesting the
Board officially declare the 16th Street Ballfields property as surplus, and authorize disposal by sealed bid sale. If I do not hear differently from you prior to the May 10th
meeting, I will advise the Commission that the School District does not have an interest in purchasing the property.
lf you would like to discuss this, please feel free to contact me at (772) 226-1408.
Sincerely,
JAB/dr
CC: Board of County Commission Jason Brown Michael Zito Scott Sanders
106
Attachment 4 Page 1 of 5
Supplement 8; Adopted November 13, 2012; Ordinance #12-14
Table 1.8. Land Use Classifications (Continued)
Land Use Classification
Industrial
Government/ Institutional/ Public Use
Mixed Use
Conservation
Parks
Environmentally Significant
Appropriate Uses
Manufacturing, repair, storage, processing and related activities
Governmental facilities includeing administrative buildings, cultural facilities operations and service facilities, and correctional institutions. Also, public and private educational facilities, hospitals, and transportation terminals, including small-scale recreational activities compatible with and subordinate to an existing governmental utility.
A compatible mixture of residential, supporting commercial and office uses.
Open space, environmentally sensitive areas.
Park and open spaces.
Single family residential 0.5 units/ac. on the mainland and 0.2 units/ac. on islands
Mobile Home Park Mobile homes
Mixed Residential Single and multiple family residential including mobile homes and modular homes, 5-12 du/ac density
Source: RS&H, 1990.
1-25
Proper Location
Areas adjacent to major transportationfacilities such as arterial streets or railroads; buffered from residential neighborhoods; located with consideration to prevailing winds, set back from major wetlands and drainage corridors.
Areas in locations where necessary for efficient public service and where potentially adverse effects on adjacent residential neighborhoods can be minimized.
Areas near arterial or collector streets with adequate public facilities, existing mixed use central locations.
Park areas should be near appropriate service and access. Conservation areas will be on the coast and in water recharge areas.
Central to neighborhoods. Near access corridors and service. Near appropriate resources.
Islands, riverfront, environmentally sensitive, and lands adjacent to environmentally sensitive.
Areas near commercial uses and adjacent to other types of residential uses.
Residential areas where a mixture of housing types, including mobile homes, would not create a detrimental impact on an established residential neighborhood. Areas which are deteriorating or which have a substantial amount of substandard housing. Adequate public utilities shall be available.
107
Attachment 4 Page 2 of 5
§ 61.02 VERO BEACH CODE
Sec. 61.02. Permitted uses.
R-1.AAA R-lAA R-lA R-1
Single-family residential structures ...... ........ . X* Communitygardens** .......................... . Accessory structures and facilities ............... . X*
X X X
X X X
X X X
*Section 61.05(f), "Specific Provisions Regulating Conditional Uses," applies to all development in this district.
**Section 64.14, "Community Gardens," special use permitting requirements and standards apply to this use.
(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 89-80, § 1, 12-19-1989; Ord. No. 2013-25, § 4, 12-3-2013)
Sec. 61.03. Conditional uses.
Educational institutions ...... . ..... . .......... . . Golf courses and country clubs ... _ .. . . .. . ....... . Places of worship. . . . . . . . . . . . . . . . • . . • . . . ....... . Public parks and recreation areas . ... . ... . ... .. • . Public and private utilities ....... . ... , ... • ... . ... Cultural activities ................... . ... . ... . .. .
R-IAAA R-lAA
X X
X X
X X X X
R-lA R-1
X X X X X X X X X X X X
Day care services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X
(Ord. No. 86-43, § 1, 12-2-1986; Ord. No. 87-77, § 2, 12-1-1987; Ord. No. 89-80, § 1, 12-19-1989; Ord. No. 91-06, § 1, 3-5-1991; Ord. No. 97-12, § 2, 5-6-1997; Ord. No. 99-03, § 2, 3-2-1999)
Sec. 61.04. Provisions regulating all conditional uses.
A conditional use may be permitted by the city planning and zoning board, provided the use is so designed, located, and proposed to be operated so that the public h ealth, safety, and welfare are protected. Conditional uses will be considered on a case-by-case basis. Findings made in consideration of a conditional use are not justification for approval of other conditional uses. Neighborhood stability and impact on abutting properties shall he of prime importance in consideration of conditional use approval. Indicators of an unacceptable conditional use include the noise, traffic, and scale of a proposed use in relation to nearby uses. In addition to all criteria in the Code of Ordinances, the following criteria shall be considered in decision making relative to approval or denial of a conditional use:
(1) Ifin the judgment of the planning and zoning board, based on evidence presented, the proposed use will create noise, traffic, odor or other nuisances to a degree that it will be disruptive to abutting or nearby properties, the conditional use shall not be approved.
Supp. No. 28 LDR61:4
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BACKGROUND
INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM
Joseph A. Baird, County Administrator
Christopher R. Mora, P.E. ~ Public Works Director
Richard B. Szpyrka, P.E., Assistant Public Works Director
James D. Gray, Jr.lfo&) Coastal Engineer ~
DEPARTMENT A
Outer Continental Shelf Marine Sand, Gravel, and Shell Resources Regulation; Identifier Number (Rf N) 1010-AD90; BOEM Proposed Rule 30 CFR 583
May 2, 2016
Indian River County has adopted a Beach Preservation Plan (BPP) to provide long term management strategies along the County's 22.4 miles of Atlantic shoreline, of which 15.7 miles are listed as critically eroded by the Florida Department of Environmental Protection (FDEP).
The County's beach management efforts (Beach Restoration Projects) over the last decade have been successful at offsetting the historic erosion along its critically eroding beaches due to the availability of beach compatible sand from upland and offshore borrow sources.
Relative to offshore sand, the County has identified 3 borrow sources (North, Central, and South) that contain a combined volume of approximately 8 million cubic yards of beach compatible sand. Use of the identified offshore sand resources, in full or in part, will be required in order for the County to continue its beach management efforts for the next 30-50 years. All offshore borrow sources are located within State waters (within 3 nautical miles from the shoreline) except for the Central borrow source, about 3 million cubic yards (approximately 40%) of total available beach compatible sand.
F:\Public Works\JamesG\Sand Wars\BOEM •· Federal Register\BOEM Proposed Rule• Federal Register dated March 22 2016 •· IRC Coastal Comments •· Agenda Item 5-10-16\BOEM Proposed Rule - IRC Coastal Comments •• Agenda Item 5-10-16.docx
ll.2
Page 2 Comments on the proposed BOEM rule May 2, 2016
DESCRIPTION AND CONDITIONS
The purpose of this agenda item is to make the Board aware that on March 22, 2016 the U.S. Department of Interior, Bureau of Ocean Energy Management (BOEM), placed a notice in the Federal Registrar announcing its intention to adopt a rule relative to use of Outer Continental Shelf (OCS) sand, gravel, and shell resources for shore protection projects which are authorized by or funded in whole or in part by the Federal government. The public comment period on the proposed rule is until May 23, 2016.
The proposed rule appears to be codifying the uncodified guidelines and procedures currently being used by BOEM for sediments located within Federal waters (3 nautical miles or more). Use of Federal sediments under this proposed ruling will require a BOEM negotiated noncompetitive tease agreement.
Since the County has offshore materials that may be affected in the future by the proposed BOEM rule changes, staff has developed several comments for the Board's consideration. All staff comments are attached to this agenda item. For the purpose of discussion staff comments are divided into the following categories and summarized below:
1. Regulation of Borrow Area Sediments It appears that the proposed rules only apply to projects that are funded in whole or part by the Federal government. Given the proposed rule describes the negotiated noncompetitive lease agreement process for qualifying projects (Federal) and codifies new and existing procedures, it is unclear how this will affect Local and State projects not partnered Federally.
2. Sediment Quantity and Quality Although this may be stipulated in the language of each individual negotiated noncompetitive lease agreement, the proposed rules lack discussion on borrow sediment use, quantity, and quality.
3. Previously issued BOEM Negotiated Noncompetitive Lease Agreements The proposed rule states: over the last two decades, BOEM has issued nearly SO teases or Memorandum of Agreements with 22 parties, of which 5 were small public entities. Four out of the five small public entities received significant Federal cost-shares to conduct beach nourishment projects.
a. Where are these leases located? b. Are these documents available? c. Were there any legal challenges?
F:IPublic Works\JamesG\Sand Wars\BOEM -- Federal Register\BOEM Proposed Rule - Federal Register dated March 22 2016 -- !RC Coastal Comments -- Agenda Item 5-10-16\BOEM Proposed Rule - IRC Coastal Comments -- Agenda Item 5-10-16.docx
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Page 3 Comments on the proposed BOEM rule May 2, 2016
Additionally, on April 18, 2016 staff discussed the comments with the Beach and Shore Preservation Advisory Committee (Beach Committee) where they received unanimous approval.
FUNDING
This matter does not require expenditure of County funds.
RECOMMENDATION
Staff recommends the Board approve staff comments on the proposed BOEM rule changes and authorize the Chairman to sign the attached DRAFT letter and attached staff comments for transmittal to BOEM.
ATTACHMENTS
1. April 6, 2016 staff comments on proposed BOEM rule 2. DRAFT Letter to the U.S. Department of Interior, Bureau of Ocean Energy Management
APPROVED AGENDA ITEM Approved Indian River County
Administration
Budget
Legal
Public Works
Coastal Engr. Division JO(,
Date
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F:\Public WorksVamesG\Sand Wars\BOEM -- Federal Register\BOEM Proposed Rule - Federal Register dated March 22 2016 -- IRC Coastal Comments -- Agenda Item 5-10-16\BOEM Proposed Rule - IRC Coastal Comments -- Agenda Item 5-10-16.docx
U4
Proposed BOEM Rules - Negotiated Noncompetitive Leasing for the Use of Sand, Gravel, and
Shelf Resources on the Outer Continental Shelf (Federal Register/Vol. 81, No 55 - March 22, 2016) - Identifier Number (!UN) 1010--AD90; BOEM Proposed Rul~ 30 CFR 583
Staff Comments - Indian River County Coastal Engineering Division (4-6-16)
1. REGULATION OF BORROW AREA SEDIMENTS
It appears that the proposed rules only apply to projects that are funded in whole or part by the
Federal Government. Given the proposed rule d2scribes the negotiated noncompetitive lease
agreement process for qualifying projects (Federal} and codifies new and existing procedures, it
is unclear how this will affect Local and State projects not partnered Federally.
o Does BOEM's negotiated noncompetitive lease agreement take precedent over a
local entity that has identified the same specific offshore borrow source, sediment
quality, location, and sediment volume for its beach fill project?
o Can borrow material be reserved under the BOEM negotiated noncompetitive
lease agreement given Beach project permitting can take up to 2 years to · complete.
o How will projects be prioritized? First entity permitting use of the borrow
material?
o Under the current local Government Funding Request Process with the State
additional project ranking points (Regionalization} are awarded to two or more local governments working together on their Beach projects in an effort to reduce
mobilization and other project costs. How does BOEM's negotiated noncompetitive lease agreement factor in on this process if two non-Federal
projects identify borrow sources that a Federal project also identifies? Again the
question is, which project will be the priority?
2. SEDIMENT QUANTITY AND QUALITY
Although this may be stipulated in the language of each individual negotiated noncompetitive
lease agreement, the proposed rules lack discussion on borrow sediment use, quantity, and quality.
11 Page
o What happens when a local government funds borrow area sediment studies at
their own expense or though partnership with the State; Will these funds be
reimbursed if a separate party removes the qualified borrow materials?
o What happens when borrow sediment materials, specifically identified for a local
project, are designed for use due to material accessibility, quality, and quantity
become removed by another entity; thereby increasing the mining costs to the
affected local project/entity?
us
Proposed BOEM Rules - Negotiated Noncompetitive Leasing for the Use of Sand, Graver, and
Shell Resources on the Outer Continental Shelf (Federal Register/Vol. 81, No 55 - March 22,
2016) - Identifier Number (RIN} 1010-AD90; SOEM Proposed Rule 30 CFR 583
3. PREVIOUSLY ISSUED BOEM NEGOTIATED NONCOMPETITIVE LEASE AGREEMENTS
The proposed mies state: Over the last two decades, BOEM has issued nearly SO leases or MOAs
with 22 parties, of which S were small public entities. Four out of the five small public entities
received significant Federal cost-shares to conduct beach nourishment projects.
o Where are these leases located?
o Are these documents available? •
o Were there any legal challenges?
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15190 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
and Human Services (HHS),' or (3) on the petition of any interested party. 21 U.S.C. 811(a). This proposed action (80 FR 27611, May 14, 2015) is supported by a recommendation from the Assistant Secretary of the HHS and an evaluation of all other relevant data by the DEA. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions of schedule I controlled substances on any person who handles, or proposes to handle, UR-144, XLRl 1, or AKB48.
Background
UR-144, XLRl 1, and AKB48 are currently subject to schedule I controls on a temporary basis, pursuant to 21 U.S.C. 811(h). 80 FR27854, May 15, 2015. On May 14, 2015, the Administrator of the DEA published a notice of proposed rulemaking (NPRM) to permanently schedule (1-pentyl-1Hindol-3-yl}(2,2,3 ,3-tetramethykydopropyl)methanone (UR· 144), I 1 ·(5~fluoro-pentyl)-1H-indol-3-yl}(2,2,3,3-tetramethylcyclopropyl)methanone (5-fluoro-UR-144, XLR11), and N-(1-
adamantyl )-1-pentyl-1H-indazole-3-carboxami de (APINACA, AKB48) into schedule I pursuant to the CSA. 80 FR 27611.
In lhe NPRM, the DEA inadvertently proposed the addition of these substances in schedule I under 21 CFR 1308.11 (g}, cannabimimetic agents, by adding paragraphs [g)(16} through (18}. These substances should have been proposed to be added in schedule I under 21 CFR l308.ll(d}, hallucinogenic substances. This rnlemak.ing therefore corrects the NPRM by proposing the placement of these substances in 21 CFR 1308.ll(d) by adding paragraphs (d)(48} through (50}. Because the DEA is proposing to classify these substances as schedule I hallucinogenic substances, then by operation of 21 U.S.C. 802(14), this classification will include any optical, positional, or geometric isomers. Interested persons may file written comments on this change in accordance with 21 CFR 1308.43(g). The DEA is requesting comments on this change only and is not soliciting comments on other aspects of the May 14, 2015,
NPRM. The DEA previously had provided an opportunity for comments on other aspects of the NPRM on May 14, 2015, through June 15, 2015.
Regulatory Analyses
This correction has no effect on the regulatory analyses statements that were published with the notice of proposed rulemaking published in the Federal Register on May 14, 2015, at 80 FR 27611.
Correction
In proposed rule FR Doc. 2015-11762, beginning on page 27611 in the issue of May 14, 2015, make the following corrections. • 1. On page 27616 in the 3rd column, correct amendatory instruction 2.a. to read as follows: "Adding paragraphs (d)(65) through (67); and". • 2. On page 27616 in the 3rd column, correct § 1308.11 Schedule I regulatory text to read as follows:
§ 1308.11 Schedule t *
,. *
(d) ,. * *
(65) (1-pentyl-1H-indol-3-yl)(2 ,2,3,3-tetramethylcyclopropyl)methanone (UR-144) ........ , ............. ....... ... .......... .......................... . (66) [1-(5-fluoro-pentyl)-tH-indol-3-yl)(2,2 ,3,3-tetramethylcyclopropyl) metha.none (5-f.luoro-UR-144, XLRl t) ...................... ..
l7H4J (7011) (7048) (67) N-(l-adamantyl)-1-pentyl-tH-indazole-3-carboxamide (APINACA, AKB48) ....................................................................... .. .
* * * * * Dated: March 16, 2016.
Chuck Rosenberg, Acting Administrator. (FR Doc. 20.16--06474 Filed 3-21-16; 8:45 eml BILI.ING CODE 44111-119-P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Part 583
RIN 101 O-AD90
[Doeket ID: 8OEM~201o--0041 J
Negotiated Noncompetitive Leasing for the Use of Sand, Gravel, and Shell Resources on the Outer Continental Shelf . .
AGENCY: Bureau of Ocean Energy Management, Interior. ACTION: Proposed rule.
SUMMARY: This rule proposes regulations to address the use of Outer Continental Shelf [OCS) sand, gravel and shell resources for shore protection, beach
1 As discussed in a memruandurri of understanding entered into by the Food and Drug A~inistration {FDA) and th<! National Institute on Drug Abuse (NIDA), the FDA acts as the lead agency
restoration, or coastal wetlands restoration projects by Federal, State, or local government agencies, or use in construction projects authorized by or funded in whole or in part by the Federal Government. The proposed rule describes the negotiated noncompetitive agreement process for qualifying projects and codifies new and existing procedures. DATES: Submit comments by May 23, 2016. The Bureau of Ocean Energy Management (BOEM} may not fully consider comments received after this date. Submit comments to the Office of Management and Budget (0MB) on the information collection (IC) burden in this proposed rule by April 21, 2016. This does not affect the deadline for the public to comment to BOEM on the proposed regulation. ADDRESSES: You may submit comments on the rulernaking by any of the following methods. Please use the Regulation Identifier Number (RIN) 1010-AD90 as an identifier in your comment. Please reference "Outer Continental Shelf Marine Sand, Gravel and Shell Resources, 1010-AD90" in
within the HHS .in carrying out the Secretary's scheduling responsibilities under the CSA, with the concurrence of NIDA. 50 FR 9518, Mar. 8.1985. The Secretary of the HHS has delegated 10 the
your comments and include your name and return address.
• Federal eRulemaking Portal: http:// WWW.regulations.gov. Under the tab "More Search Options," click "Advanced Docket Search," then select "Bureau of Ocean Energy Management" from the agency drop-down menu, then click the submit button. In the Docket ID column, select BOEM-2010-0041 to submit public comments and to view supporting and related materials available for this rulemaking. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's "User Tips" link. BOEM will post comments on www.regulations.gov.
• Mail or hand-carry comments to the U.S. Department of the Interior; Bureau of Ocean Energy Management: Attn: Office of Pplicy, Regulation and Analysis, 45600 Woodland Road, VAMBOEM DIR, Sterling, Virginia 2.016~.
• Send comments on the IC m this proposed rule to: Interior Desk Officer 101 0-AD90 , Office of Management and Budget; 202-395-5806 (fax}; email:
Assistant Secretary for Health of the HHS the euthori:ty to make domestic drug ·scheduling recommendations. 58 FR 35460, July 1, 1993.
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OIRA _ [email protected]. Please also send a copy to BOEM, Office of Policy, Regulation and Analysis at 45600 Woodland Road, Sterling, VA 20166.
Public Availability of Comments: Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment-including your personal identifying information-may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. FOR FURTHER INFORMATION CONTACT: For comments or questions, contact Loren Thompson, Office of Policy, Regulation and Analysis, at Loren. Thompson@ boem.gov, or at (202) 208-5890. To see a copy of the IC request submitted to 0MB, go to http://www.reginfo.gov (select Information Collection Review, Currently Under Review}. You may also obtain a copy of the supporting statement for the new collection of information by contacting BOEM, Office of Policy, Regulation and Analysis at 45600 Woodland Rd., Sterling, VA 20166.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background A. Program Description B. Program History
U. Section-by-Section Analysis of the Proposed Rule
A. Subpart A~enera.l B. Subpart B-Reserved C. Subpa.rt G-Outer Continental Shelf
Sand, Gravel and Shell Resources Negotiated Agreements
III. Legal and Regulatory Analysis A. Proc;edural Matters B. List of Subjects
I . Background
Congress amended the Outer Continental Shelf Lands Act, 43 U.S.C. 1331-1356 (OCSLA, or the Act), in.1994 to authorize the Secretary of the Interior to negotiate noncompetitive agreements with any person for the use of OCS sand, gravel and shell resources in a program of or project for shore protection, beach restoration, or coastal wetlands restoration undertaken by a Federal, State or local government agency, or in a construction project either authorized or funded in whole or in part by the Federal Government. See 43 U.S.C. 1337(k)(2). The Secretary may assess a fee based on an assessment of the value of the resources and the public interest served by promoting
development of the resources. No fee shall be assessed directly or indirectly against a Federal, State, or local government agency. See 43 U.S.C. 13 3 7(kl(2)(B).
A. Program Description
Generally, shore protection and beach and coastal wetlands restoration projects are initiated to rebuild eroding shoreline segments, such as beaches and dunes, barrier islands, and wetlands. In sensitive wetland areas, these projects are intended to forestall further erosion, restore habitat and/or to provide protection from hurricanes, storms, and coastal erosion. These projects are typically accomplished by placing sand directly on the beach, in open water areas that are the former location of an eroded beach, and/or within breaches in the shoreline that compromise integrity of the beach or barrier island system to form, and subsequently maintain, a beach. Material may also be placed updrift from the beach, allowing longshore processes to redistribute the sand, gravel and shell resources along the beach.
The Act authorizes BOEM to enter into a negotiated agreement when the use of OCS sand, gravel and shell resources is authorized for quaHfying projects. This negotiated agreement will take the form of a lease or a Memorandum of Agreement (MOA), depending on the identity of the applicant(s) requesting use of OCS sand, gravel and shell resources. If a nonFederal entity requests the use of OCS sand, .gravel and shell resources, the negotiated agre.ement required by the Act would generally take the form of a lease. If a Federal agency requests the use of OCS sand, gravel and shell resources, BOEM and the Federal agency, as well as their Federal, State or local government agency counterparts on the project, would enter into a MOA. For example, when a Federal agency partially or wholly funds a non-Federal entity to conduct a project that is otherwise eligible for OCS sand, gravel and shell resources, the negotiated agreement may take the form of a threeparty MOA. As warranted, the Federal applicant(s) and BOEM would designate a lead agency and enter into a cooperating agency agreement for the environmental analysis and review. Likewise, if a non-Federal applicant is involved, BOEM would ensure that appropriate environmental analysis and review is completed. The negotiated agreement in each of these situations would describe the project and procedures that would be followed and identify environmental and
administrative requirements that must be met.
B. Program History BOEM and its predecessor agencies,
the Minerals Management Service and the Bureau of Ocean Energy Management, Regulation and Enforcement, through the Marine Minerals Program, have been exercising statutory authority regarding OCS sand, gravel and shell resources under the Act pursuant to written guidelines, without the benefit of implementing regulations. Nearly fifty agreements have been negotiated, providing for the use of more than 100 million cubic yards of OCS sand, gravel and shell resources for shore protection, beach restoration, or coastal wetlands restoration undertaken by a Federal, State or local government agency, and for Federally authorized or funded construction projects. BOEM believes that the promulgation of regulations at this time is advisable in order to provide additional clarity and certainty and to help ensure continuity of the Marine Minerals Program.
II. Section by Section Analysis of the Proposed Rule Subpart A-General
Section 583.100 What is BOEM's authority for information collection (IC)?
This section would explain BOEM's authority for IC activities related to this proposed part 563. It would explain the reasons the information is being collected and establish the 0MB approval of the collection.
Section 583.101 What is the purpose of this rule and to whom does it apply?
This section would explain that the purpose of this proposed rule is to refine and formally adopt procedures for entering into negotiated noncompetitive agreements for the use of OCS sand, gravel and shell resources for shore protection, beach or wetlands restoration by a Federal, State or local government agency or for construction projects authorized or funded , in whole or in part; by the Federal Government. This section would explain that the rule would apply exclusively to negotiated noncompetitive us.e of sand, gravel and shell resources in the OCS and would not apply to competitive leasing of minerals, including oil, gas, sulphur, geopressured-geothermal and associated resources, and a11 other minerals w hich are authorized by an Act of Congress to be produced from "public lands" as defined in section 103 of the Federal Land Policy and Management Act of 1976, as amended (FLPMA). (43 U.S.C. 1701 et seq.)
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Section 583.102 What is BOEM's authority for this rule?
This section would e)Cplain that in proposing these regulations, BOEM is operating under authority granted to the Secretary of the Interior by the Act.
Section 583.103 What definitions do I need to know?
This section would define many of the terms commonly used in the Marine Minerals Program and now used in the proposed regulation, including "borrow area," "placement area,'' and "project." This section would also define new terms for purposes of this subpart, including "Act," "agreement," "amendment," "BOEM,'' "Director," "Federal agency," "local government," "modification,'' "outer continental shelf," "program," "Regional Director,'' and "Secretary."
Section 583.104 Who is qualified for a project?
This section would explain who is qualified to enter into an agreement with BOEM for the use. of OCS sand, gravel, and shell resources, and would explain th~ requirements to comply with the relevant debarment regulations.
Section 583.105 How do I appeal an unfavorable decision by BOEM?
This section would set out the kinds of decisions that would be subject to reconsideration or appeal, and the process that would be utilized by an unsuccessful applicant or adversely affected party for resolution .of such reconsideration or appeal.
Se.ction 583.106 What are the minimum contents of an agreement to use OCS sand, grovel and shell resources?
This section would explain who would be allowed lo use OCS sand, gravel and shell resources, and would e)Cplain that use authorizations would be in ihe form of agreements that are negotiated on a case-by-case basis. It would also explain that the agreements would identify the location, type and volume of OCS sand, gravel and shell resources allowed to be used under the agreement. In addition, it would. explain that any authorizations to use sand, gravel and shell resources would not be exclusive.
Subpart B-Reserved
Subpart C-Outer Continental Shelf Sand, Gravel and Shell Resources Negotiated Agreements
Section 583.300 How do I submit a request for an agreement?
This section would e)Cplain who may submit a request to BOEM to obtain an agreement for the use of OCS sand, gravel, and shell resources. It would list the information the request must include, such as a detailed description of the proposed project and how it qualifies as a project eligible under the Act to receive OCS sand, gravel and shell resources pursuant to a negotiated noncompetitive agreement; a description of borrow and placement areas; certain maps and data; a description of the environmental evaluations that have been completed or are being prepared that cover the project, including both onshore and offshore components; a target date or date range when the resources will be needed; a description of the Federal. State, or local agencies that are undertaking the project and points of contact; and a statement explaining who authorized the project and how the project will be funded.
Section 583.301 How wi/1 BOEM determine if a project qualifies?
This section would lay out the factors that BOEM would use to determine whether a project qualifies for use of sand, gravel and shell resources under a negotiated noncompetitive agreement. The section would enumerate the evaluation criteria, including: The project purpose; other uses of OCS sand, gravel and shell resources authorized from the same borrow area; the project funding source(s) and amounts; the proposed design and feasibility of the project; any potential environmental and safety risks associated with the project; other Federal interests located near or within the specified borrow area; comments received from potentially affected governments; the applicant's background and experience working on similar projects or activities; and whether the project is consistent with applicable statutes and their implementing regulations, which may include, but are not limited to, the Marine Mammal Protection Act (MMPA) (16 U.S.C. 1361 et seq.}, the Marine Debris Research, Prevention, and Reduction Act (MDRPRA} (33 U.S.C. 1951 et seq.) , the Marine Plastic Pollution Research and Control Act (MPPRCA) (33 U.S.C. 1901 et seq.), the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. 1381 e t seq.), and
the International Convention for the Prevention of Pollution from Ships (MARPOL), MARPOL-Annex V Treaty.
Section 583.302 What process does BOEM use to technically and environmentally evaluate a qualified project?
This section would explain the process that BOEM would follow to evaluate a project that qualifies for the use of OCS sand, gravel and shell resources to decide whether to enter into a negotiated noncompetitive agreement. It states that BOEM would coordinate with relevant Federal agencies, States, and local governments, and potentially affected Federally recognized Indian Tribes. It also describes how BOEM would evaluate the project and additional information provided under§§ 583.300 and 583.301 to determine if the information is sufficient to conduct necessary technical and environmental reviews to comply with the requirements of applicable statutes and regulations, which may include. but are but not limited to, the National Environmental Policy Act (NEPA) (42 U.S.C. 4341 et seq.) , the Endangered Species Act (ESA} (16 U.S.C. 1531 et seq.), the MMPA (16 U.S.C. 1361 et seq.}, the MagnusonStevens Fishery Conservation and Management Act (MSFCMA) (16 U.S.C. 1801 et seq.), the National Historic Preservation Act (NHPA) (16 U.S.C. 470 et seq.), and the Coastal Zone Management Act .(CZMA) (16 U.S,C. 1451 et seq.). Finally, this section would provide that BOEM would not enter into a negotiated noncompetitive agreement until the information requested for the evaluation has been provided and BOEM has evaluated it
Section 583.303 What is the process for negotiating and executing an agreement?
This section would describe the steps BOEM would take once it has completed its technical, environmental and other evaluations. This section would provide further that, once BOEM has completed its.review of an application, BOEM would decide whether to enter into an agreement. This. section would provide further that BOEM would negotiate the terms of the agreement and prepare a draft agreement for the applicant's review and comment. The section would also provide that, after BOEM considers the applicant's comments and suggei;tions, it would finalize the agreementfor signature. This section would provide that, once the applicant signs the agreement, BOEM would e)Cecute the agreement and distribute it to the parties
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to the agreement. Finally, this section would describe the process BOEM would use when an application is not approved.
Section 583.304 What kinds of information must be included in an agreement?
This section would describe the minimum information that an agreement would be required to include, snch as an agreement number assigned by BOEM; the purpose of, and authorities for, the agreement; designated and delineated borrow area(s); the project description, including the timeframe within which the project is to be started and completed; the terms and conditions of the agreement, including any reporting requirements; all obligations of the parties; and the signatures of appropriate individuals authorized to bind the applicant and BOEM.
Section 583.305 What is the effective date of an agreement?
This section would describe what determines the effective date of the agreement.
Section 5B3.305 How will BOEM enforce the agreement?
This section would describe how BOEM would enforce the terms of an agreement and the consequences, including termination, for failure to comply with any applicable law or with the agreement terms. This section would also provide that the failure to comply in a timely and satisfactory manner with any provision, term or condition of the agreement may delay or prevent BOEM's approval of future requests for use of OCS sand, gravel and shell resources on the part of the parties to the agreement.
Section 583.307 What is the term of the agreement'!
This section would explain when an agreement would terminate, either by a specified date, when parties to the agreement notify BOEM that sufficient resources have been removed to complete the project, or for other reasons specified in this section. This section would also explain that, absent extraordinary circumstances, no agreement would have an initial term that is longer than five years from its effective date, Examples of extraordinary circumstances where an initial term longer than five years may be appropriate would include a program of multiple individual projects to be carried out over multiple seasons or where the Congressional authorization for a project called for multiple phases.
It would be within BOEM's sole discretion to determine when extraordinary circumstances warrant an initial term longer than five years. The parties would have the option to request an extension, modification or change to the terms of the agreement, as set forth in § 583.309.
Section 583. 308 What debarment or suspension obligations apply to transactions and contracts related to a project?
This section would explain that the applicant has the obligation to ensure that all contracts and transactions related to an agreement issued under this part comply with the suspension and debarment regulations at 2 CFR part 180 and 2 CFR part 1400.
Section 583.309 What is the process for modifying the agreement?
This section would explain how an applicant may seek to extend, modify or change an agreement and would spell out the time frames when this might be accomplished. It would provide that BOEM is under no obligation to extend, modify or change an agreement and cannot be held liable for the consequences of the expiration of an agreement. If BOEM approves a modification, BOEM would prepare an amendment to the agreement and provide it for review by the parties to the agreement prior to execution of the amendment. Should BOEM deny the request, BOEM would notify the parties to the agreement and reconsideration could be requested of the Director.
Section 583.310 When can the agreement be terminated?
This section would explain under what circumstances the Director could terminate an agreement. The termination factors include fraud; noncompliance with the agreement; national security or defense reasons; situations in which continuing with the agreement would cause serious harm or damage to natural resources, property, the environment or historical structures; and other reasons described in this section. This section would also explain the process for terminations and suspensions.
III. Legal and Regulatory Analysis
Procedural Matters
Regulatory Planning and Review (Executive Order (E.O.) 12866)
E.0. 12866 provides that the Office of Information and Regulatory Affairs (OIRA}, a part of the 0MB. will review all significant rules. OIRA has
determined that this rule is not significant.
(1) This proposed rule contains virtually the same reporting and recordkeeping requirements as those in the current uncodified guidelines and procedures. A regulatory impact analysis is not required. This proposed rule formalizes existing policies and procedures that govern the use of OCS sand, gravel and shell resources. The existing policies, procedures, consultations and monitoring requirements for the noncompetitive use of OCS sand, gravel and shell res.ources are longstanding and have remained relatively consistent for two decades. This proposed rule does not materially change the existing requirements for the use of OCS sand, gravel and shell resources through leases or MOAs for shore protection, beach or wetlands restoration by a Federal, State or local government agency, or for construction projects authorized or funded, in whole or in part, by the Federal Government. The regulatory baseline is essentially the same as the proposed rule. BOEM believes that any changes between the current BOEM process and this proposed rule are immaterial and would not impose additional compliance obligations or costs upon the regulated entities.
Formalizing the existing conveyance process will provide certainty to the public entities requesting noncompetitive leases or MOAs for OCS sand, gravel and shell resources. BOEM believes there is a benefit to the regulated entities in the form of regulatory certainty when Federal, State and local government agencies desire to use OCS sand, gravel and shell resources for qualifying projects. Entities affected by this rulemak.ing have the opportunity to comment · through the rulemaking process on the proposed provisions, which are consistent with current practices for the conveyance of saud, gravel and shell resources.
(2) This proposed rule does not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. It reflects the existing p rocess developed over the life of the program in cooperation with other Federal agencies, including the U.S. Fish and Wildlife Service (FWS), National Marine Fisheries Service (NMFS} and U.S. Army Corps of Engineers, and State and local governments.
(3} This proposed rule does not have an annual. effect on the economy of $100 million or more. It will not adversely affect in a material way the economy, productivity, competition,jobs, the
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environment, public health or safety, or State, local or tribal governments or communities.
(4) This rule does not alter the budgetary effects of existing entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients.
(5) This rule does not raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in E.O. 12866.
Improving Regulation and Regulatory Review (E.O. 13563)
Executive Order 13563 reaffirms the principles ofE.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, reduce uncertainty, and use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. BOEM has developed this rule in a manner consistent with these requirements.
Regulatory Flexibility Act (RF A} BOEM certifies this proposed rule
would not have a significant economic effect on a substantial number of small entities under the RFA (5 U.S.C. 601 et seq.). A Regulatory Flexibility Analysis is not required. Small public entities affected by this rulemaking may be cities, counties, towns, townships, villages or special districts, with a population of less than 50,000. Small entities are occasionally parties to an agreement for the use of OCS sand, gravel and. shell resources. Over the last two decades, BOEM has issued nearly 50 leases or MOAs with 22 parties, of which 5 were small public entities. Four out of the 5 small public entities received significant Federal costashares to conduct beach nourishment projects. The proposed application and monitoring requirements are necessary to comply with Federal law and provide BOEM and the public the best information on the changes in the sand borrow areas, Since BOEM is not proposing any material changes to the longstanding requirements for borrowing OCS sand, gravel and shell resources, this rulemaking will not have a substantial effect on small entities.
The Small Business and Agriculture Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were established to receive comments from small businesses about Federal agency enforcement actions. The Ombudsman will annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If you wish to comment on the actions of BOEM enforcement activities, you may call 1-888-734-3247. You may comment to the Small Business Administration without fear of retaliation. Allegations of discrimination/retaliation filed with the Small Business Administration will be investigated for appropriato action.
Small Business Regulatory Enforcement Fairness Act (SBREF A)
This proposed rule is not a major rule under the SBREF A (5 U.S.C. 804(2)). This proposed rule:
(a) Would not have an annual effect on the economy of $100 million or more;
(b) Would not cause a major increase in costs or prices for consumers. individual industries, Federal, State, or local government agencies, or geographic regions; and,
(c) Would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability ofU.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act This proposed rule would not impose
an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. A statement containing the information required by Unfunded Mandates Reform Act (2 U.S.G. 1501 et seq.) 1s not required.
Takings Implication Assessment (E.O. 12630)
Under the criteria in E,0. 12630, this proposed rule would not have significant takings implications. The proposed rule is not a governmental action capable of interference with constitutionally protected property rights. A Takings Implication Assessment is not required.
Federalism (E.O. 13132)
Under the criteria in E.0. 13132, this proposed rule would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. This proposed rule would not substantially and directly affect the relationship between the Federal and State and local governments. To the extent that State and local governments
have a role in OCS activities, this proposed rule would not affect that role. A Federalism Assessment is not required.
Civil Justice Reform (E.O. 12988)
This rule would comply with the requirements ofE.O. 12988. Specifically, this rule would:
(a) Meet the criteria of section 3 [a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and,
(b) Meet the criteria of section 3(b}(2) requiring that all regulations be written in clear language and contain clear legal standards.
Consultation With Indian Tribes (E.O. 13175)
The U.S. Department of the Interior (DOI) strives to strengthen its government-to-government relationship with Indian tribes through a commitment to consultation with Indian tribes and recognition of their right to self governance and tribal sovereignty. BOEM's Tribal Liaison Officer has certified that this regulation does not have tribal implications as defined in section l(a) ofE.O. 13175 and has determined that the regulation does not have substantial and direct effects on Federally recognized tribes or any Alaska Native Corporation established pursuant to the Alaska Native Claims Settlement Act [ANCSA), 43 U.S.C. 1601 et seq.
A$ it relates to any Federally recognized Indian tribe, this proposed rule merely formalizes existing policies and procedures that govern the use of OCS sand, gravel and shell resources. The existing policies, procedures, consultations and monitoring requirements for the noncompetitive use of sand, gravel and shell resources are longstanding and have remained relatively consistent for two decades. If BOEM determines an individual project authorized under this part may have effects on Federally recognized tribes or any Alaska Native Corporation, BOEM will initiate consultation as soon as possible consistent with E.O. 13175 and DOI tribal consultation policies. A tribe may also request BOEM initiate consultation pursuant to E.O. 13175.
Paperwork Reduction Ad (PRA) of 1995
This proposed rule contains a new collection of information request that is being submitted to 0MB for review and approval under 44 U.S.C. 3501 et seq. The rule proposes to add a new part 583 to address the use of OCS sand, gravel and shell resources for shore protection or replenishment, wetland restoration,
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or qualified cons.truction projects. This part describes the negotiated noncompetitive agreement process for qualifying projects and would codify procedures. The title of the IC request is 30 CFR 583, Negotiated Noncompetitive Leasing for the Use of Sand, Gravel and Shell Resources on the OCS.
Respondents that would be required to submit information under this part are other Federal, State, and local
government agencies; corporations; and individual entities. Responses would primarily be required in order to obtain or retain a benefit. The frequency of response would vary depending on the requirement. BOEM would protect proprietary information according to the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2}. BOEM proposes to collect the information under this part
BURDEN TABLE
Citation 30 Reporting and recordkeeping requirement CFR 583
to evaluate applications for leases/ agreements to access sand, gravel or shell resources on the OCS; to balance multiple uses of the OCS; and to monitor activities for environmental protection and safety.
The following table provides a breakdown of the IC requirements and burdens in this proposed part.
Hour Average
number of Annual burden annual burden hours
responses
Subpart A-General-Federal, State, & local governments
105 .................. Apply for reoonsideratioh/appeal to the BOEM Director/lBLA within 15 days of notification; include statement of reasons: t copy to program office.
2 2
Subpart A-General-Corporations
105 .................. Apply for reconsideration/appeal to the BOEM Director/lBLA within 15 days of notification; include statement of reasons; 1 copy to program office.
2 2
Subpart A-General-Individuals
105 .................. 1 Apply for reconsideration/appeal to the BOEM Director/lBLA within 15 days J
of notification; include statement of reasons; 1 copy to program office. 2 2
Total Subpart A .......................... ; ................................ ., .................. , .............................................................. . 3 6
Subpart C-OCS Sand, Gravel, & Shell Resources Negotiated Agreements-Stale & local governments
300 .................. Submit to BOEM a written request to obtain agreement; including. but not 10 4 40 limited to: Detailed description of project; maps (geographic coordinates); G&G data; description/documentation of environmental evaluations; tar-get dales; description of parties involved; required permits (status of/po-tential conflicts); points of contact info. for all parties involved; statement of funding.
301; 302(d) ..... Submil additional information as requested by BOEM .................................. 5 1 5
303(b) ............. Request that the BOEM Director reconsider a disapproved agreement ....... Burden covered under 30 CFR 2 Subpart A
303(c)-(e) ....... Review and comment on draft agreement; sign and return copies for exe- 8 3 24 cution by BOEM.
307(a) ............. Submit written notificiition lo BOEM once resources authorized are ob- 1 1 1 tained.
308 .................. Verify all applicants comply with 2 CFR 180 & 2 CFR 1400 in contract/ 2 1 2 transaction.
309 ············· ... p ... Submit written request to extend, modify, or change agreement to BOEM 2 2 4
within 180 days before expiration; submit any other documentation re-quested by BOEM; sign and return amendment; request that the BOEM Director reconsider a disapproved request to extend. modify, or change.
309(b) ............. Submit written request for letter amendment ................................................. 1 1 1
Subpart C-OCS Sand, Gravel, & Shell Resources Negotiated Agreements-<:orporatlons
300 ................... Submit to BOEM a written request to obtain agreement; including. but not 10 4 40 limited to: Detailed description of project;· maps (geographic coordinates); G&G data: description/documentation of environmental evaluations; tar-get dates; description of parties involved; requir~ permits (status of/po- · tenlial conflicts); points of contact info. for all parties involved; statement of funding.
301 ; 302{d) ..... Submit additional information as requested by BOEM .................................. 5 1 5
303(b) ............. Request that the BOEM Director reconsider a disapproved agreement ....... Burden covered under 30 CFR 2 Subpart A
303(c)-{e) ....... Ravi.aw and comment on draft agreement; sign and return copies tor exe-8 1 3 24
cution by BOEM.
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BURDEN TABLE-Continued
Citation 30 Average
Reporting and recordkeeping requirement Hour number of Annual CFR 583 burden annual burden hours
responses
307(a) ............. Submit written notification to BOEM once resources authorized are ob• 1 1 I tained.
308 .................. Verify all applicants comply with 2 CFR 180 & 2 CFR 1400 in contract/ 2 1 2 transaction.
309 .................. Submit written request to extend, modify, or change agreement to BOEM 2 2 4 within 180 days before expiration; submit any othor documentation re-quested by BOEM; sign and return amendment; request that the BOEM · Director reconsider a disapproved request to extend, modify, or change.
309(b) ............. Submit written request for letter amendment ................................................. 1 1 1
Subpart C-OCS Sand, Gravel, .& Shell Resources Negotiated Agreements-lndlviduals
300 ...... .. .......... Submit to BOEM a written request to obtain agreement; including. but not limited lo: Detailed description of project; maps (geographic coordinates); G&G data; description/documentation of environmental evaluations; tar· get dates; description of parties involved; required permits (status of/po-tential conflicts); points of contact info. for all parties involved; statement of funding.
301; 302(d) ..... Submit additional information as requested by BOEM ................................ ..
10
5
4 40
5 1---- --- -.1...------+------303(!>) ............. Request that lhe BOEM Director reconsider a disapproved agreement . . ..... Burden covered under 30 CFR 2
303(cHe) ....... Review and comment on draft agreement; sign and return copies for exe-cution by BOEM.
307(a) ............. Submit written notification lo BOEM once resources authorized are ob-tained.
308 .................. Verify all applicants comply with 2 CFR 180 & 2 CFR 1400 in contracl/ transaction.
309 ..... ............. Submit written request to extend, modify. or change agreement to BOEM within 180 days before expiration; submit any other documentation requested by BOEM; sign and return amendment; request that the BOEM Director reconsider a disi:ipproved .request to extend, modify, or change.
309(b) ····--··· .. ·· Submit written request for letter amendment ................................................ .
Subpart A
8
2
2
3
2
24
1
2
4
Total Subpart C .................................................. , ..................... ................................... .......... , ........................ . 39
42
237
Grand Total ............................................................................................................................................. . 243
As part of our continuing effort to reduce paperwork and response burdens, we invite the public and other Federal agencies to comment on any aspect of the reporting and recordkeeping burden. We specifically solicit comments on the following questions:
(1} Is the proposed collection of information necessary for BOEM to properly perform its functions, and will it be useful?
{2) Are the estimates of the burden hours of the proposed collection reasonable?
{3) Do you have any suggestions that would enhance the quality, clarity, or usefulness of the information to be collected?
(4) Is there a way to minimize the IC burden on those who must respond, including the use of appropriate automated electronic, mechanical, or other forms of information technology?
In addition, the PRA requires agencies to estimate the total annual reporting
and recordkeeping non-hour cost burden resulting from the collection of information, and we solicit your comments on this item. For reporting and recordkeeping only, your response should split the cost estimate into two components: (1) Total capital and startup cost component; and (2) annual operation, maintenance, and purchase of services component. Your estimates should consider the costs to generate, maintain, arid disclose or provide the information. You should describe the methods you use to estimate major cost factors, including system and technology acquisition, expected useful life of capital equipment, discount rate(s}, and the period over which you expect to incur costs. Generally, your estimates should not include equipment or services purchased (1) before October 1, 1995; (2) to comply with requirements not associated with the IG; (3) for reasons other than lo provide information or keep records for the
Government; or (4) as part of customary and usual business or private practices.
0MB is required to make a decision concerning the collection of information contained in these proposed regulations between 30 to 60 days after publication of this document in the federal Register. Therefore, a comment to 0MB is best assured of having its foll effect if 0MB receives the comment by April 21, 2016. This does not affect the .deadline for the public to comment to BOEM on the proposed regulations.
National Environmental Policy Act
This rule does.not constitute a majot Federal action significantly affecting the quality of the human environment. BQEM has analyzed this rule under the criteria of the NEPA and DOI's NEPA implementing regulations at 43 CFR 46. This rule meets the criteria set forth in 43 CFR 46.210(i) for a Departmental "categorical exclusion" in that this rule is" ... of an administrative, financial, legal, technical, or procedural nature.
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. " We have also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR46.215.
Information Quality Act (]QA)
In accordance with the IQA, DOI has issued guidance regarding the quality of information that .it relies upon for regulatory decisions. This guidance is available at D01's Web site at http:// www.doi.gov.
Send your comments to the U.S. Department of the Interior, Bureau of Ocean Energy Management, Office of Policy, Regulation and Analysis, Attn: IQA Comments, 45600 Woodland Road, VAM-BOEM DIR, Sterling, Virginia 20166.
Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition in E.O. 13211. A Statement of Energy Effects is not required.
Clarity of This Regulation
We are required by E.O. 12866, E.0. 12988, and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must:
(a) Be logically organized; (b) Use the active voice to address
readers directly; (c) Use clear language rather than
jargon; (d} Be divided into short sections and
sentences; and (e) Use lists and tables wherever
helpful. If you feel that we have not met these
requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help BOEM revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers ofthe sections or paragraphs that you find unclear, which sections or sentences are too long, the sections where you feel lists or tables would be useful, .etc.
List of Sµbjects 30 CFR 583
Administrative practice. and procedure, Beach restoration, Coastal wetlands restoration, Gravel, Government contracts, Intergovernmental relations, Marine minerals, Marine minerals program, Noncompetitive agreements, Negotiated agreements, Outer Continental Shelf, Sand, Shell resources and Shore protection.
Dated: March 10, 2016. Amanda C. Leiter, Acting Assistant Secretary-Land and Minerals Management.
For the reasons stated in the preamble, BOEM proposes to amend 30 CFR to add part 583 to read as follows:
PART 583-NEGOTIATED NONCOMPETITIVE AGREEMENTS FOR USE OF OUTER CONTINENTAL SHELF SAND, GRAVEL AND SHELL RESOURCES
Subpart A-General
Sec. 5B3.100 What is BOEM's authority for
information collection (IC)? 5B3.101 What is the purpose of this part
and to whom does it apply? 583.102 What is BOEM's authority for this
part? 563.103 What definitions do I need to
know? 583.104 Who is qualified for a project? 583.105 How do I appeal an unfavorable
decision by BOEM? 583.106 What are the minimum contents of
an agreement to use OCS sand, gravel, and shell resources?
Subpart B-[ReservedJ
Subpart C---Outer Continental Shel1 Sand, Gravel, and Shell Resource Negotiated Agreements
583.300 How do I submit a request for an agreement?
583.301 How will BOEM determine if a project qualifies?
583.302 What process does BOEM use to technically and environmentally evaluate a qualified project?
583.303 What is the process for negotiating and executing an agreement?
583.304 What kinds of information must be included in an agreement?
583.305 What is the effective date of an agreement?
583.306 How will BOEM enforce the agreement?
563.307 What is the term of the agreement? 583.308 What debarment or suspension
obligations apply to transactions and contracts related to a project?
583.309 What is the process for modifying the agreement?
583.310 When can the agreement be terminated?
Authority: 43 U.S.C. 1334.
Subpart A-General
§ 583.1 oo What ts BOEM's authority for Information collection (IC)?
The information collection requirements contained in the new part 583 have been approved by the 0MB under 44-U.S;C. 3.501 and assigned clearance number 1010-XXXX. The information is being collected to determine ifthe applicant for a negotiated noncompetitive agreement (agreement) for the use of sand, gravel
and shell resources on the Outer Continental Shelf (OCS) is qualified to enter into such an agreement and to determine if the requested action is warranted. Applicants and parties to the agreement are required to respond to requests related to information collection activities.
§ 583.101 What Is the purpose of this part and to whom does It apply?
The regulations in this part provide procedures for a negotiated noncompetitive program for uti)ization of OCS sand, gravel and shell resources. The rules of this part apply exclusively to negotiated noncompetitive use of OCS sand, gravel and shell resources and do not apply to competitive leasing of minerals, including oil, gas, sulphur, geopressured-geothermal and associated resources, and all other minerals which are authorized by aii Act of Congress to be produced from "public lands" as defined in section 103 of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1701 et seq.).
§ 583.102 What is BOEM's. authority for this part?
(a) Pursuant to authority granted by the Outer Continental Shelf Lands Act (OSCLA. or the Act}, as amended {43 U.S.C. 1331 et seq.), the Secretary has authority to negotiate an agreement for the use of OCS send, gravel and shell resources:
(1) For use in a program of, or project for, shore protection, beach restoration, or coastal wetlands restoration undertaken by a Federal, State, or local government agency; or
(2) For use in a construction project, other than a project described in paragraph (1), that is funded in whole or in part by or authorized by the Federal Government.
(b) The Secretary has authorized BOEM to administer the negotiated noncompetitive agreement provisions of the Act and prescribe the rules a.nd regulations necessary to carry out those provisions.
§ 583.103 What definitions do I need to know? ·
When used in this part, the following terms will have the meaning given below: ·
Act means the OCSLA, as amended (43 U,S.C. 1331 et seq.).
Agreement means a negotiated noncompetitive agreement that authorizes a person to use OCS sand. gravel and shell resources in a program of or project for shore protection, beach restoration or coas.taI wetlands restoration undertaken by one or more Federal, State or local government
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agencies, or in a construction project, authorized by. or funded in whole or in part by the Federal government. The form of the agreement will be a Memorandum of Agreement (if one or more of the parties to the agreement, other than BOEM, is a Federal government agency) or a lease (if all of the parties to the agreement other than BOEM are non-Federal agencies or persons).
Amendment means a modification to the agreement between BOEM and the parties to the agreement that extends, modifies or changes the terms of the agreement.
Applicant means any person proposing to use OCS sand, gravel and shell resources for a shore protection, beach restoration or coastal wetlands restoration project undertaken by a Federal, State, or local government agency, or construction project, authorized by, or funded in whole or in part by the Federal government. If multiple persons or Federal, State, or local governments, other than BOEM, partner on a project they will be considered joint applicants.
BOEM means the Bureau of Ocean Energy Management of the U.S. Department of the Interior (DOI).
Borrow area means the offshore geographic area(s} or region{s) where OCS sand, gravel and shell resources have been identified fol' potential use in a specific project.
Director means the Director of BOEM of the DOI, or an official authorized to act on the Director's behalf.
Federal agency means any department, agency, or instrumentality of the United States.
Local government means the governing authority at the county or city level with jurisdiction to administer a particular project(s).
Modification means the process whereby parties to an agreement and BOEM mutually agree to change, alter or amend the existing agreement.
Outer continental shelf (OCS} is defined .in the same way it is defined in Section 2(a) (43 U.S.C. 1331(a)} ofthe OCSLA, as amended (43 u:s.c. 1331 et seq.).
Placement area means the geographic area in which OCS sand, gravel and shell resources, used by agreement, will be placed pursuant to that agreement.
Program means a .group of related projects that may be the subject of a negotiated noncompetitive agreement for the use of OCS sand, gravel and shell resources.
Project means an undertaking that may be the subject of a negotiated noncompetitive agreement for the use of OCS sand, gravel and shell resources.
Regional Director means the BOEM officer with responsibility and authority for a Region of the United States.
Secretary refers to the Secretary of the Interior.
§583.104 Who ls qualified for a project? (a) BOEM may enter into an
agreement with any person proposing to use OCS sand, gravel and shell resources for a program of or project for shore protection, beach restoration, or coastal wetlands restoration undertaken by a Federal, State, or local government agency or in a construction project that is funded in whole or in part by or authorized by the Federal government.
(b) To qualify for an agreement under this part, the applicant must be:
(1) A Federal, State, or local government agency;
(2) A citizen or national of the United States;
(3) An alien lawfully admitted for permanent residence in the United States, as defined in the Immigration and Nationality Act, as amended (8 U.S.C. 1101 (a)(20));
(4) A private or public corporation organized under the laws of the United States or of any State or territory thereof; or
(5) An association of such citizens, nationals, resident aliens or private or public corporations.
(c) When entering into an agreement under this part, all applicants are subject lo the requirements of 2 CFR part 180 and 2 CFR part 1400.
§583.105 How do I appeal an unfavorable decision by BOEM?
(a) After being notified of disqualification, or disapproval of an agreement or modification, an unsuccessful applicant, or adversely affected party to an agreement, may apply for reconsideration by the Director.
(1) All applications for reconsideration by the Director must be submitted within 15 days of being notified of disqualification, or disapproval of an .agreement or modification, accompanied by a statement of reasons for the requested reconsideration, with one copy to the program office whose decision is the subject of the reconsideration.
(2) The Director will respond in writing within 30 days.
(b) No additional appeal rights are available under 30 CFR part 590 and 43 CFR part 4 , subpart E.
§ 583.106 What are the minimum contents of an agreement to use OCS sand, gravel, and shell resources?
Any use of OCS sand, gravel and shell resources in an agreement will be
negotiated on a case-by-case basis. The agreement will specify, at a minimum, who may use the OCS sand, gravel and shell resources; the nature of the rights granted; and the location, type, and volume ofOCS sand, gravel and shell resources. Any authorization to use OCS sand, gravel and shell resources identified in an agreement is not exclusive; BOEM may allow other entities to use OCS sand, gravel and shell resource from the same borrow area.
Subpart B-{Reserved]
Subpart C--Outer Continental Shelf Sand, Gravel, and Shell Resources Negotiated Agreements
§ 583.300 How do I submit a request for an agreement?
Any person may submit a written request to BOEM to obtain an agreement for the use of OCS sand, gravel and shell resources for use in a program of or project for shore protection, beach restoration, or coastal wetlands restoration undert;tken by a Federal, State, or local government agency, or in a construction project that is funded in whole or in part by or authorized by the Federal Government. The written request must include:
(a) A detailed description of the proposed project for which the OCS sand, gravel and shell resources will be used and how it qualifies as a program or project eligible under the Act to use OCS sand, gravel or shell resources;
(b) A description of the proposed borrow area(s) and placement area(s}. along with maps with geographic coordinates depicting the location of the desired borrow area(s), the OCS block number(s), OCS Planning Area(s), OCS Protraction Diagram Designation(s), and the placement area(s). These should include:
(1) A detailed set of hardcopy maps with coordinates and navigation features of the desired OCS project area (including borrow area and other project features); and
(2) Digital gee-referenced spatial and tabular data depicting the borrow area wilh features, such as geological sampling locations and any hard or Jivebottom benthic habitat present;·
(c) Any available geological and geophysical data used. to select, design, and delineate the borrow area(s) and potential borrow areas considered but not selected for final design in digital format, geo-referenced where relevant. These may include:
(1) Sediment sampling (sediment cores and grab samples) data such as physical description sheets,
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photographs, core locations, and grain size analysis; and
(2) Geophysical data such as subbottom profiler, marine magnetometer, and side-scan sonar data, and bathymetry including georeferenced navigation survey tracklines, shotpoints, and/or timestamps;
(d) Any other uses of the OCS in the borrow area that are known to the applicant at the time of application submittal;
(e} A description of the environmental evaluations and corresponding documents that have been completed or are being prepared, that cover all offshore and onshore components of the prolect, as applicable;
(f) A target date or date range when the OCS sand, gravel and shell resources will be needed;
[g) A description of the person or government entities undertaking the project;
[h} A list of any permits, licenses or authorizations required for the project and their current status;
(i) A description of any potential inconsistencies with state coastal zone management plans and/or any other applicable state and local statutes, regulations or ordinances;
(j) The name, title, telephone number, mailing address and email address of any points of contact for any Federal agencies, State or local governments, and contractor(s) with whom the applicant has contracted or intends to contract;
(k) A statement explaining who authorized the project and how the project is to be funded, indicating whether the project is Federally funded, in whole or in part, and whether the project is authorized by the Federal government; and
(I) For any other Federal, State or local government agency identified in the application, the name, title, mailing address, telephone number, and email address of both a primary and a secondary point of contact for the agency.
§.583,301 How will BOEM determine If a project qualifies?
BOEM wilJ make a determination as to whether the project, as described in section 583.300, qualifies for use of OCS sand, gravel and shell resources under the Act. Within 15 business days of receipt of the application, BOEMwill determine if the application is complete or will request additional information. After it lias determined the application is complete; BOEM will begin the application review process and notify the applicant in writing whether the project qualifies for an agreement. In
determining whether a project qualifies for an agreement, BOEM will consider, among other criteria, the following:
(a) The project purpose; (b) Other uses ofOCS sand, gravel and
shell resources from the same borrow area that are currently or were previously authorized by BOEM for other projects or programs, including the location. type and volume of such resources;
(c) The project funding source(s) and amounts;
(d} The proposed design and feasibility of the project;
(e) Any potential environmental and safety risks;
(f) Other Federal interests located near or within the specified borrow area;
(g) Comments received from potentially affected State or local governments, if any;
[h} The applicant's background and experience working on similar projects or activities;
(i) Whether the project operations can be conducted in a manner that protects the environment and promotes orderly development of OCS mineral resources;
(j} Whether activities can be conducted in a manner that does not pose a threat of serious harm or damage to, or waste of, any natural resource, any life (including fish and other aquatic life), property, or the marine, coastal, or human environment; and
(kl Whether the project is consistent with the requirements of applicable statutes and their implementing regulations, which may include, but are not limited to, the Endangered Species Act (ESA) (16 U.S.C. 1531 et seq.), the Marine Mammal Protection Act (MMPA} (16 U.S.C. 1361 et seq.), the Marine Debris Research, Prevention, and Reduction Act [MDRPRA} (33 U.S.C. 1951 et seq.), the Marine Plastic Pollution Research and Control Act [MPPRCA) (33 U.S.C. 1901 et seq.}, the Federal Water Pollution Control Act [FWPCA) (33 U.S.C. 1381 et seq.}, and the International Convention for the Prevention of Pollution from Ships (MARPOL), MARPOL-Annex V Treaty.
§ 583.302 What process does BOEM use to technlcaUy and environmentally e~h.1ate a quallfled protect?
(a) Once BOEM has determined a project qualifies for an agreement, BOEM will begin the project evaluation pri;icess to decide whether to enter into a negotiated n~ncompe~itive a~reement.
(b) BOEM will coordmate with relevant Federal agencies, State, and local governments and any potentially affected federally recognized Indian Tribes in the project evaluation.
(c) BOEM will evaluate the project and additionalinformation provided
pursuant to sections 30 CFR 583.300 and 583.301, to determine if the information is sufficient to conduct necessary technical and environmental reviews to comply with the requirements of applicable statutes and regulations, which may include, but are not limited to: OCSLA (43 U.S.C. 1331 et seq.), the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.}. the ESA (16 U.S.C. 1531 et seq.), the MMPA (16 U.S.C. 1361 et seq.}, the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA} {16 U.S.C. 1801 et seq.), the National Historic Preservation Act (NHPA) (54 U.S.C. 300101 et seq.), and the Coastal Zone Management Act (CZMA) (16 U.S.C. 1451 et seq.).
(d) BOEM will not enter into a negotiated noncompetitive agreement with the applicant until information requested for the evaluation has been provided and evaluated.
§ 583.303 What ls the process for negotiating and executing an agreement?
(a} Upon completion of the technical, environmental and other evaluations established in 30 CFR 583.301 and 30 CFR 583.302, BOEM will decide whether to enter into a negotiated noncompetitive agreement with the applicant for use ofOCS sand. gravel or shell resources for its proposed project.
(b) IfBOEM decides not to enter into such an agreement, BOEM will inform the applicant of its reasons for not doing so. An applicant may ask the BOEM Director for reconsideration in accordance with 30 CFR 583.105(a}.
(c} If BOEM has decided to enter into a negotiated noncompetitive agreement with the applicant, BOEM will negotiate the terms and conditions of the agreement with the applicant and prepare a draft agreement for the applicant's review.
[d) After considering comments and suggestions from the applicant, BOEM, at its discretion, may finalize the agreement and distribute it to the applicant for signature.
{e} Upon receipt of the agreement with the applicant's signature, BOEM will execute the agreement. A copy of the executed agreement will be mailed to the parties.
§ 583.304 What kinds of Information must be Included in an agreement?
Every agreement is negotiated on a case-by-case basis, but at a minimum, must include:
(a} An agreement number, as assigned byBOEM;
(b) The purpose of and authorities for the agreement;
(c) Designated and delineated borrow area(s);
126
15200 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
(d) A project description, including the timeframe within which the project is to be started and completed;
(e) The terms and conditions of the agreement, including any reporting requirements;
(f) All obligations of the parties; and (g) The signatures of appropriate
individuals authorized to bind the applicant and BOEM.
§ 583.305 What is the affective date of an agreement?
The agreement will become effective on the date when all parties to the agreement have signed it.
§ 583.306 How will BOEM enforce the agreement?
(a} Failure to comply with any applicable law or any provision, tenn, or condition of the agreement may result in the termination of the agreement and/ or a referral to an appropriate Federal and/or State agency/agencies for enforcement. Termination of the agreement for noncompliance will be in the sole discretion of the Director.
(b) The failure to comply in a timely and satisfactory manner with any provision, term or condition of the agreement may delay or prevent BOEM's approval of future requests for use of OCS sand, gravel and shell resources on the part of the parties to the agreement.
§ 5B3.307 What Is the term of the agreement?
(a) An agreement will terminate upon the following, whichever occurs first:
(1) The agreement expires by its own terms, unless the term is extended prior to expiration under § 583.309;
(2) The project is terminated, as set forth in§ 583.310; or
(3) A party to the agreement notifies BOEM, in writing, that sufficient OCS sand, gravel and shell resources, up to the amount authorized in the agreement, have been obtained to complete the projecL
(b) Absent extraordinary circumstances, no agreement will be for a term longer than 5 years from its effective date.
§ 583.308 What debarment or suspension obllgatlons apply to transactions and contracts related to a project?
The parties to an ag~ement must ensure that all contracts and trans!lctions related to. an agreement issu.ed under this part comply with 2 CFR part 180 and 2 CFR part 1400.
§ 583,309 What Is the process f01 modifying the agreement?
(a) Unless otherwise provided for in the agreement, the parties to the
agreement may submit to BOEM a written request to extend, modify, or change an agreement. BOEM is under no obligation to extend an agreement and cannot be held liable for the consequences of the expiration of an agreement. With the exception of paragraph (b) of this section, any such requests must be made at least 180 days before the term of the agreement expires. BOEM will respond to the request for modification within 30 days ofreceipt and request any necessary information and evaluations to comply with 30 CFR 583.301. BOEM may approve the request, disapprove it, or approve it with modifications subject to the requirements of 30 CFR 583.301.
(1) IfBOEM approves a request to extend, modify or change an agreement, BOEM will draft an agreement modification for review by the parties to the agreement in the form of an amendment to the original agreement. The amendment will include:
(i) The agreement number, as assigned byBOEM;
(ii) The modification(s) agreed to; (iii) Any additional mitigation
required; and (iv) The signatures of the parties to
the agreement and BOEM. (2) If BOEM disapproves a request to
extend, modify, or change an agreement, BOEM will inform the parties to the agreement of the reasons in writing. Parties to the agreement may ask the BOEM Director for reconsideration in accordance with 30 CFR 583.105.
(b) By written request, for strictly minor modifications that do not change the substance of the project or the analyzed environmental effects of the project, including but not limited to, the change of a business address, the substitution ofa different Federal, State or local government agency contact, or an extension of less than 30 days, parties to the agreement may memorialize the minor modification in a letter from BOEM to the parties indicating the request has been granted.
§ 583.31 o When can the agreement be terminated?
(a) The Director will terminate any agreement issued under this part upon proof that it was obtained by fraud or misrepresentation, after notice and an opportunity to be heard has been afforded to the parties of the agreement.
(b) The Director may immediately suspend and subsequently terminate any agreement fasued under this part when:
(1) There is noncompliance with the agreement, pursuant to 30 CFR 583.306(a); or
(2) It is necessary for reasons of national security or defense; or
(3) The Director determines that: (i) Continued activity under the
agreement would cause serious harm or damage to natural resources; life (including human and wildlife}; property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance;
{ii) The threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and
(iii) The advantages of termination outweigh the advantages of continuing the agreement.
{c) The Director will immediately notify the parties to the agreement of the suspension or termination. The Director will also mail a letter to the parties to the agreement at their record post office address with notice of any suspension or termination and the cause for such action.
(d) In the event that BOEM terminates an agreement under this section, none of the parties to the agreement will be entitled to compensation as a result of expenses or lost revenues that may result from the termination. (FR Doc. 2016--06163 Filed 3-21-16; 8:45 am]
BIWNG CODE 4311H4R-f'
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
(EPA-R09--0AR-201S-0793; FRL-9944-08-Region 91
Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Arizona; Infrastructure Requirements To Address Interstate Transport for the 2008 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.
SUMMARY: The. Environmental Protection Agency (EPA) is proposing to partiaUy approve and partially disappr.ove a State ImplementaUoii Plan (SIP) revision submitted by the Arizona Department of Environmental Quality on December 27, 2012, and supplemented on December 3, 2015, to address the interstate transport requirements of Clean Air Act (CAA or Act) section 110(a)f Z)(D) with respect to the 20Oa ozone (03) national ambient air quality standard (NAAQS). We are proposing to approve the portion of the Arizona SIP pertaining to significant contribution to
127
Bob Solari Chairman District 5
Joseph E. Flesclzer Vice Chairman
District 2
BOARD OF COU1VTY COMMISSIONERS
PREL MIN RY ~•.•\'~.~- • •. • • \May j 0f '2f 1~
U.S. Department of Interior Bureau of Ocean Energy Management 45600 Woodland Road VAMBOEMDIR Sterling, Virginia 20166 Attn: Office of Policy. Regulation and Analysis
Wesley S. Davis District 1
Tim Zorc District 3
Peter D. O'Bryan District4
RE: Outer Continental Shelf Marine Sand, Gravel, and Shell Resources, Identifier Number (RIN) 1010-AD90; BOEM Proposed Rule 30 CFR 583
Dear Sir or Madam:
On behalf of the Indian River County Board of County Commissioners, please accept the attached comments relative to the proposed BOEM rules for negotiated noncompetitive leasing for the use of marine sand, gravel, and shell resources on the outer continental shelf,
Indian River County is a coastal County situated on Florida's east coast and is fronted by a barrier island, which separates the Indian River lagoon from the Atlantic Ocean. The County's coast extends 22.4 miles from Sebastian Inlet south to St. Lucie County and is approximately 80 miles southeast of Orlando, Florida.
Indian River County has adopted a Beach PreseiVation Plan (BPP) to provide long term management strategies along the County's shoreline, of which 15.7 miles are listed as critically eroded by the Florida Department of Environmental Protection (FDEP). Use of offshore sand resources, in full or in part, will be required in order for the County to continue its beach management efforts for the next 30-50 years.
1801 2'71h Street, Buifding A Vero Beach, FL 32960
( 772) 226-1490 128
US Department of the Interior Page Two May10,2016
We recognize that the proposed rule appears to be codifying the uncodified guidelines and procedures currently being used by BOEM for sediments located within Federal waters. However, we respectfully request BOEM to consider our comments as a way to improve and bring clarity to the proposed regulations identified on the March 22, 2016 Federal Register.
Sincerely,
Bob Solari, Chairman Indian River County Board of County Commissioners
Enclosure
1801 27fh Street, Building A Vero Beach, FL 32960
(772) 226-1490 12,
TO:
THROUGH:
THROUGH:
FROM:
SUBJECT:
DATE:
BACKGROUND
INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM
Joseph A. Baird, County Administrator DEPARTMENTAL
Christopher R. Mora, P.E., Public Works 0irecto'G-,
Richard B. Szpyrka, P.E., Assistant Public Works Director@
James D. Gray, Jr., Coastal Engineer @
UPDATE - USACE proposed plan to dredge and relocate bulk ocean sand from Martin and St. Lucie Counties to Miami-Dade County
May 2, 2016
In 2012, the Florida Department of Environmental Protection (FDEP), in partnership with the U.S. Army Corps of Engineers (USACE) initiated the Southeast Florida Sediment Assessment and Needs Determination (SAND) study to identify and quantify offshore sources of sand to support Federal and non-Federal beach nourishment projects until the year 2062.
The SAND study concluded that among St. Lucie, Martin, Palm Beach, and Miami-Dade Counties, a volume of beach compatible sand in excess of 100 million cubic yards is available in Federal waters offshore (3 nautical miles or more) of Southeast Florida. Relative to St. Lucie and Martin Counties, approximately 5.2 million cubic yards of sand was identified in the SAND study.
In compliance with the National Environmental Policy Act (NEPA}, the USACE Jacksonville District prepared a draft Environmental Assessment (EA) to evaluate potential environmental impacts, including but not limited to, the dredging and relocating of bulk ocean sand from Martin and St. Lucie Counties to Miami-Dade County.
Although the USACE Jacksonville District, pursuant to the NEPA process, received several comments, including opposing Resolutions from all the Counties a long the Treasure Coast, expressing concerns with the USACE proposal to dredge and relocate sand from offshore of St. Lucie and Martin, a Findings of No Significant Impact (FONSI) was issued on March 8, 2016 by Jason A. Kirk, Colonel USACE Jacksonville District.
F:\Public Works\JamesG\Sand Wars\Sand Update •· Agenda Item 5-10-16.docx
1.30
Page 2 UPDATE- USACE Proposed Plan May 2, 2016
DESCRIPTION AND CONDITIONS
During the April 18, 2016 Beach and Shore Preservation Advisory Committee (Beach Committee) meeting, the recent issuance of the FONSI was discussed. The Beach Committee reiterated its concerns that removal of beach quality sand deposits from St. Lucie and Martin Counties could negatively affect Indian River County if the growing demand for beach quality sand extended into Indian River County.
Due to these growing concerns the Beach Committee unanimously approved the following motion:
Approve moving forward with coordinated response with Martin and St. Lucie Counties, through applicable County regulations to the State and then to the Federal offices, representatives, Department of the Interior and the Office of Management and Budget and request a hearing for open public discussion on the proposal. The Committee members also discussed getting Congressman Murphy into a coalition with the Counties.
The purpose of this agenda item is to update the Board on the recent USACE Jacksonville District action and Beach Committee motion and to request staff direction on how to proceed.
FUNDING
This matter does not require expenditure of County funds.
RECOMMENDATION
Staff recommends the Board support the Beach Committee's request and direct staff to begin discussions with St. Lucie and Martin Counties and the State and Federal agencies identified.
ATTACHMENTS
Approved March 8, 2016 USACE Finding of No Indian River County Dat.e
Significant Impact (FONSI). Ad ministration
APPROVED AGENDA ITEM Budget
~y::;)2~6ffed Legal
Public Works
Coastal Engr. Division J~(,
F:\Public Works\JamesG\Sand Wars\Sand Update -- Agenda Item 5-10-16.docx
131
DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P.O. BOX 4970 JACKSONVILLE, FLORIDA 32232-4>019
BEACH EROSION CONTROL AND HURRICANE PROTECTION PROJECT
CONTRACT J MIAMI-DADE COUNTY, FLORIDA
FINDING OF NO SIGNIFICANT IMPACT
The purpose of this Environmental Assessment (EA) ~ to review the environmental effects of utilizing sand source alternatives which. have been determined to meet the requirements for future renourishments throughout the remaining period of Federal participation in the Miami-Dade County, Beach Erosions Control and Hurricane Protection {BEC&HP) Project. In compliance with the National Environmental Policy Act of 1969, as amended, and the White House's Council on Environmental Quality (CEQ) regulations, the Jacksonville District has prepared an Environmental Assessment (EA) to evaluate new information regarding sand sources subsequent to the 1975 EIS and 1985 Supplemental EIS for the Construction of the BEC&HP Project at Miami-Dade County, Florida. The Draft EA for the project has been forwarded to the U.S. Environmental Protection Agency Region 4, the U.S. Fish and Wildlife Service, Vero Beach Field Office, the National Marine Fisheries Service, Southeast Region, and the Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission and the State Historic Preservation Officer and all other known interested parties for review and comment
Sand source locations include two sites located offshore of southeast Florida in Outer Continental Shelf waters, approximately 80 miles and 120 miles north of MiamiDade County. As the sand sources are located within the territorial waters of the United States, the Corps and the Miami-Dade County Department of Environmental Resources Management (DERM) will enter into a Memorandum of Agreement (MOA) with the US Department of the Interior, Bureau of Ocean Energy Management (BOEM) pursuant to 43 U.S.C. Section 1337(k)(2). There are two sites in nearshore waters off of Miami~ Dade County, one at Baker's Haulover Inlet (BHI) ebb shoal-and one on Miami Beach at Lummus Park. The remaining three sites are commercial sand mines located in MiamiDade County (ACI) and Glades County (Ortona and Witnerspoon).
I have reviewed the EA of the proposed action. This Finding incorporates by reference all discussions and conclusions continued in the EA enclosed hereto. Based on the information analyzed in the EA, reflecting pertinent information obtained from other agencies and special interest groups having jurisdiction by law and/or special expertise, I conclude that the proposed action will have no significant impact on the quality of the human environment. Reasons for this conclusion are, in summary:
13.2
-2-
1. The work will be conducted in accordance with Biological Opinions issued by the US Fish and Wildlife Service for impacts to nesting sea turtles and endangered Piping Plovers and the Regional Biological Opinion issued by the National Marine Fisheries Service for impacts to sea turtles in the water. The propose action does not jeopardize the continued existence of any threatened or endangered species or adversely impact any designated critical habitat, Reasonable and prudent measures will be taken to substantially minimize the impact of incidental take to listed species.
2. In accordance with the Florida State Historic Preservation Officer, it was determined that the proposed dredging and beach placement will not impact any sites of cultural or historical significance.
3. An application for a Joint Coastal Permit has been submitted to the Florida Department of Environmental Protection. Any conditions contained within the permit, when it is issued, will be addressed in the plans and specifications. Therefore, the state water standards will be met.
4. The proposed work has been determined to be consistent with the Florida Coastal Zone Management Program (CZMP).
5. Measures to eliminate, reduce, or avoid potential impacts to fish and wildlife resources will be implemented during project construction.
6. Benefits to the public will be the maintenance of the storm damage reduction functions of the beach and increased nesting habitat for sea turtles.
In consideration of the infonnation summarized, I find that the proposed action will not significantly affect the human environment and does not require an Environmental Impact Statement.
ON A. KIRK olonel, Corps of Engineers
Commanding
Date
133
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: May 10, 2016
SUBJECT: Additional Water Sampling
FROM: Tim Zorc Commissioner, District 3
Discussion Item:
May 11 , 2016 ITEM 14.E.1
Discussion to consider County Public Works adding supplementary water sample locations for the purpose of gaining a better understanding and enhanced analytical data of the total nutrient loading of the canal water that flows to the Indian River Lagoon.
134
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@ a=LOWl=l:2§ ClilEMICAL ~~TOl:21~ INC.
P.O. Box 150597. Altarnonte Springs. Fl 32715-0597 fJhone: 407-339-5984 E83018 (Main Lab) 57.1 NW Merc,.ntile Pl, Suite 111, Port St . Lucie, FL 3'1986 Phone: 772- 343-8006 E86562 (South Lab) 812 SW Har-vey Green r> r-, Madison, f'!'L 32340 Phone: 850 ... 973--687·8 EB2405 (North Lab) 3980 Overseas Hwy, Sul·te 103, Marathon, FL 33050 Phone: 305•743-8598 E3S834 (Keys Lab)
Indian River Farms WCD PO#: n/a 73054th St. Client Project #: Q-Canal Grabs Vero Beach.FL 32968 Date Sampled: Feb 4, 2016
Feb 16, 2016; Invoice: 289668
Analysis Report
Lab#: 289668SW1 Sampled: 02/04/16 10:15 AM Desc: Site#2 •· f'./R. !)arameter Result Units DF MDL PQL QC Batch Method CAS# Analyzed Turbidity 8.48/ NTU 1.00 0.200 0.400 10276384 EPA180.1 G-019 02/05/16 02:30 PM TSS s.so/ mg/L 1.00 1.00 2.00 10303267 SM2540 D E1642818 02/06/16 Benzene 0.500 U ug/L 1.00 0.500 1.00 10303283 EPA8260 71-43-2 02/08/16 Ethylbenzene 0.500 U ug/L 1.00 0.500 1.00 10303283 EPA8260 100-41-4 02/08/16 Methyl-tert-butylether 1.00 U ug/L 1.00 1.00 2.00 10303283 EPA8260 1634-04-4 02/08/16 Toluene 0.500 U ug/L 1.00 0.500 1.00 10303283 EPA8260 108-88-3 02/08/16 Xylenes 1.00 U ug/L 1.00 1.00 2.00 10303283 EPA8260 1330-20-7 02/08/16 Surr: 1,2-Dichloroethane-d4 (50-170%) 104.83% 1.00 0.0100 0.0100 10303283 EPA8260 02/08/16 Surr:Bromofluorobenzene (50-170%) 99.73% 1.00 1.00 1.00 10303283 EPA8260 460-00-4 02/08/16 Surr:Toluene-d8 (50-170%) 101.73% 1.00 0.0100 0.0100 10303283 EPA8260 02/08/16 Fecal Coliform 170B cfu/100ml 2.00 2.00 2.00 10303332 SM9222D E761792 02/04/16 12:15 PM BOD5day 2_45/ mg/L 1.00 2.00 2.00 10303470 SM52108 E1640606 02/05/16 12:00PM TKN(as N) 0.593.Y mg/L 1.00 0.200 0.400 10303519 EPA351.2 7727-37-9 02/13/55 Total Phosphorus(as P) 0.105" mg/L 1.00 0.0400 0.100 10303521 EPA365.4 7723-14-0 02/13/55 NO3+NO2(as N) 0.167/ mg/L 1.00 0.0200 0.0400 10303888 EPA353.2 1-005 02/15/16 Ammonia (as N) 0.0377/ mg/L 1.00 0.0100 0.0200 10303959 EPA350.1 7664-41-7 02/15116
Lab #: 289668SW2 · Sampled: 02/04/16 1.0:40 AM · Desc: Site#1 -1Y, · · Parameter Res~ Units DF MDL PQL QC Batch Method CAS# Analyzed Turbidity 7.75 NTU 1.00 0.200 0.400 10276384 EPA180.1 G-019 02/05/16 02:30 PM TSS 5.50/ mg/L 1.00 1.00 2.00 10303267 SM2540 D E1642818 02/06/16 Benzene 0.500 U ug/L 1.00 0.500 1.00 10303283 EPA8260 71-43-2 02/08/16 Ethyl benzene 0.500 U ug/L 1.00 0.500 1.00 10303283 EPA8260 100-41-4 02/08/16 Methyl-tert-butylether 1.00 U ug/L 1.00 1.00 2.00 10303283 EPA8260 1634-04-4 02/08(16 Toluene 0.500 U ug/L 1.00 0.500 1.00 10303283 EPA8260 108-88-3 02/08/16 Xylenes 1.00 U ug/L 1.00 1.00 2.00 10303283 EPA8260 1330-20-7 02/08/16 Surr: 1,2-Dichloroethane-d4 (50-170%) 105.73% 1.00 0.0100 0.0100 10303283 EPA8260 02/08/16
FLDOH: E83018 (Main Lab) FLDOH: E86562 (South Lab) FLDOH: E82405 (North Lab) FLOOH: E35834 (Keys Lab) Page 2 of7
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0 .=•_OW~I:.?§ Caill:::MICAL LAEO~TOUl:S INC.
P.O. Box 150597, Altamonte Springs, Fl 32715-0597 Phone: 407-339-59B4 E83 018 (Mair. Lab ) 571 NW Mercantile Pl, Suite l 11, Port St. Lucre, FL 34986 Phone: 772-343-8006 E865 62 I South Lab) 812 SW Harvey Green Dr, Madison~ FL 32340 Phone: 850-973-6878 EB2405 (North Lab) 3980 Over,ea$ Hwy, Suite 103, Marathon, FL 330S0 Phone : 305-743-8598 E35834 (Keys Lab }
Indian River Farms WCD PO#: n/a 7305 4th St. Client Project #: Q-Canal Grabs Vero Beach.FL 32968 Date Sampled: Feb 4, 2016
Feb 16, 2016; Invoice: 289668
Lab#: 289668SW2 Sampled: 02/04/1610:40 AM Desc: Site#1 · ff).·· Parameter Resurt Units DF MDL PQL QC Batch Method CAS# Analyzed Surr:Bromofluorobenzene (50-170%) 100.77% 1.00 1.00 1.00 10303283 EPA8260 460-00-4 02/08/16 Surr:Toluene-d8 (50-170%) 101.50% 1.00 0,0100 0.0100 10303283 EPA8260 02/08/16 Fecal Coliform 96.0 cfu/100mL 2.00 2.00 2.00 10303332 SM9222 D E761792 02/04/16 12:15 PM BOO5day 2.00 U" mg/L 1.00 2.00 2.00 10303470 SM5210 B E1640606 02/05/16 12:00 PM TKN(as N) 0.685.., mg/L 1.00 0.200 0.400 10303519 EPA351.2 7727-37-9 02/13/55 Total Phosphorus(as P) 0.109/ mg/L 1.00 0.0400 0.100 10303521 EPA365.4 7723-14-0 02/13/55 NO3+NO2(as N) 0.152,.,. mg/L 1.00 0.0200 0.0400 10303888 EPA353.2 1-005 02/15/16 Ammonia (as N) 0.0708./ mg/L 1.00 0.0100 0.0200 10303959 EPA350.1 7664-41-7 02/15/16
Lab#: 289668SW3 sampled: 02/04118 11 :oo AM Desc: Site#3 - .S· l\.. ··· Parameter Result Units DF MDL ~QL QC Batch Method CAS# Analyzed Turbidity 8,17/ NTU 1.00 0.200 0.400 10276384 EPA180.1 G-019 02/05/16 02:30 PM TSS s.so/ mg/L 1.00 1.00 2.00 10303267 SM2540 D E1642818 02/06/16 Benzene 0.500 U ug/L 1.00 0.500 1.00 10303283 EPA8260 71-43-2 02/08/16 Ethylbenzene 0.500 U ug/L 1.00 0.500 1.00 10303283 EPA8260 100-41-4 02/08/16 Methyl-tert-butylether 1.00 U ug/L 1.00 1.00 2.00 10303283 EPA8260 1634-04-4 02/08/16 Toluene 0.500 U ug/L 1.00 0.500 1.00 10303283 EPA8260 108-88-3 02/08/16 Xylenes 1.00 U ug/L 1.00 1.00 2.00 10303283 EPA8260 1330-20-7 02/08/16 Surr: 1,2-Dichloroethane-d4 (50-170%) 106.10% 1.00 0.0100 0.0100 10303283 EPA8260 02/08/16 Surr:Bromofluorobenzene (50-170%) 101.37% 1.00 1.00 1.00 10303283 EPA8260 460-00-4 02/08/16 Surr:Toluene-d8 (50-170%) 101.83% 1.00 0.0100 0.0100 10303283 EPA8260 02/08/16 Fecal Coliform 120B cfu/100mL 2.00 2.00 2.00 10303332 SM9222 D E761792 02/04/16 12:15 PM BOD5day 2.00 LV mg/L 1.00 2.00 2.00 10303470 SM5210 B E1640606 02/05/16 12:00PM TKN(as N) 0.592/ mg/L 1.00 0.200 0.400 10303519 EPA351.2 7727-37-9 02/13/55 Total Phosphorus(as P) 0.08461/ mg/L 1.00 0.0400 0.100 10303521 EPA365.4 7723-14-0 02/13/55 NO3+NO2(as N) 0.175-' mg/L 1.00 0.0200 0.0400 10303888 EPA353.2 1-005 02/15/16 Ammonia (as N) 0.0337/ mg/L 1.00 0.0100 0.0200 10303959 EPA350.1 7664-41-7 02/15/16
FLDOH: E83018 (Main Lab) FLDOH: E86562 (South Lab) FLDOH: E82405 (North Lab) FLDOH: E35834 (Keys lab) Page 3of7
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