BCC032211AP.pdf - Indian River County

March 22, 2011 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

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

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

2. INVOCATION

Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court

3. PLEDGE OF ALLEGIANCE

Commissioner Wesley S. Davis

CONSTITUTIONAL OFFICER – OATH OF OFFICE

SUPERVISOR OF ELECTIONS – LESLIE SWAN

Honorable Judge David C. Morgan, Indian River County

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation of Proclamation Indian River County Celebrating Children’s

Week 1

County Commission Chamber Indian River County Administration Complex

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

www.ircgov.com

TUESDAY, MARCH 22, 2011 - 9:00 A.M.

March 22, 2011 of 6

5. PROCLAMATIONS and PRESENTATIONS PAGE

B. Presentation of Proclamation Honoring the City of Fellsmere’s 100 Year

Anniversary 2

C. Presentation of Proclamation Designating March 21 – 27, 2011, as Sharps

Disposal Awareness Week 3

6. APPROVAL OF MINUTES

None

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

A. Town of Indian River Shores 2011 Committee Appointments (memorandum dated March 16, 2011) 4-5

8. CONSENT AGENDA

A. Approval of Warrants and Wires – March 4, 2011 to March 10, 2011

(memorandum dated March 10, 2011) 6-14 B. Approval of Annual Financial Report by County Commissioners and Notice

of CAFR (Comprehensive Annual Financial Report) Completion (memorandum dated March 16, 2011) 15-24

C. Senate Bill 1296

(memorandum dated March 16, 2011) 25-28

D. Wild Turkey Mine – Phase 1, Approval of Cash Deposit and Escrow Agreements for Compliance and Restoration (memorandum dated March 11, 2011) 29-37

E. Authorization to Attend Florida Government Finance Officers Association Annual Conference 2011 (memorandum dated March 10, 2011) 38-41

F. Final Approval for Recording Old Dixie Highway Right-of-Way Map, from 69th Street through CR510 to US No. 1 (memorandum dated March 9, 2011) 42-65

G. Children’s Services Advisory Committee’s Recommendation RFP #2011037 new Focus Areas for 2011-12 and Sample Agency Contract to be used (memorandum dated March 22, 2011) 66-119

March 22, 2011 of 6

8. CONSENT AGENDA PAGE

H. Request for Authorization for the Board Chairman to Sign a U.S. Department of Housing and Urban Development Neighborhood Stabilization Program 3 (NSP3) Community Development Block Grant (CDBG) Agreement (memorandum dated March 14, 2011) 120-128

I. Approval of State Sovereignty Submerged Lands Lease for the Jones’s Pier Dock Facility (memorandum dated March 15, 2011) 129-150

J. Approval of Change Order No. 1 to Work Order No. PCS-1 with Hydromentia, Inc. for a Pilot Algal Turf Scrubber® (ATS™) System for Nitrogen and Phosphorus Removal from Stormwater and the Treatment and Reuse of Reverse Osmosis Reject Water (memorandum dated March 11, 2011) 151-160

K. Consideration of a Request for a Local Jobs Grant (memorandum dated March 15, 2011) 161-186

L. Hurricanes Frances, Jeanne, and Wilma Closeouts and Hurricane Wilma Project Worksheet (PW) #5691 Closeout (memorandum dated March 15, 2011) 187-199

M. Miscellaneous Budget Amendment 012 (memorandum dated March 16, 2011) 200-202

N. Sector 3 Beach Restoration Project, Change Order #4 – Fuel Cost Adjustment, Ranger Construction Industries, Inc. (memorandum dated March 17, 2011) 203-205

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Concealed Weapons in County Parks and Recreational Facilities

(memorandum dated March 11, 2011) 206-210 Legislative

March 22, 2011 of 6

10. PUBLIC ITEMS PAGE

A. PUBLIC HEARINGS

2. County Initiated Request to Amend Comprehensive Plan Future Land Use Element Policy 1.16 to Allow up to 25% Recreational Vehicle Use in Mobile Home Rental Park land use category for parks less than 20 Acres in Size (CPTA 2011010004) (memorandum dated March 9, 2011) 211-224

Legislative

3. Luisa Garcia’s Request for Special Exception Use Approval for a Demolition Debris Facility to be Known as A-1 Walee Recycling Center (memorandum dated March 8, 2011) 225-245

Quasi-Judicial

B. PUBLIC DISCUSSION ITEMS

None

C. PUBLIC NOTICE ITEMS

None

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

1. Dr. Leslie Tar’s Request that the Board of County Commissioners Rescind a $15,000 Fine Imposed by the Code Enforcement Board for a Dune Vegetation Removal Violation at 2252 Magan’s Ocean Walk (Lot 18, Atlantis Subdivision) (memorandum dated March 14, 2011) 246-292

B. Emergency Services

None

C. General Services

None

March 22, 2011 of 6

12. DEPARTMENTAL MATTERS PAGE

D. Human Resources

None

E. Human Services

None

F. Leisure Services

None

G. Office of Management and Budget

None

H. Recreation

None

I. Public Works

1. Staff Update – Sector 3 Beach Renourishment Project (no back-up) ----

J. Utilities Services

None

13. COUNTY ATTORNEY MATTERS

None

14. COMMISSIONERS ITEMS

A. Commissioner Bob Solari, Chairman

None

B. Commissioner Gary C, Wheeler, Vice Chairman

None

C. Commissioner Wesley S. Davis

None

March 22, 2011 of 6

14. COMMISSIONERS ITEMS PAGE

D. Commissioner Joseph E. Flescher

None

E. Commissioner Peter D. O’Bryan

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disposal District

None

C. Environmental Control Board

None

16. ADJOURNMENT

Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD # 772-770-5215) at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library.

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

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

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

,,.

PROCLAMATION Indian River County Celebrating Children's Week

WHEREAS, the 16th Annual Children's Week "Celebrating Parents and Children" will take place in Tallahassee from April 3, 2011 to April 9, 2011, bringing thousands of parents, children, professionals, community leaders and concerned citizens together to share valuable knowledge and information about children's issues across the state and in our Capital City; and

WHEREAS, the purpose of Children's Week is to create a shared vision of the State of Florida's commitment to its children and families and to engage a long-term process to develop and implement strategies for moving the shared vision forward;

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that April 3-9, 2011 be recognized and hereby declared as

"Children's Week in Indian River County"

Adopted this 22nd of March, 2011

\

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA

-:3.-£ c::-Af?a ~ .. Bob Solari, Chairman

~e~:~!a~ /Zt;::;_~/~ Wesley S. Davis

PROCLAMATION 56

Honoring the City of Fellsmere's 100 year Anniversary

WHEREAS, in 1910, E. Nelson Fell, organized the Fellsmere Farm Company consisting of 118,000 acres of muck, prairie and pinelands in an area once known as Mosquito County; and

WHEREAS, by 1911, the company transformed into a thriving community of a few hundred residents with their own newspaper, The Fellsmere Farmer, as well as their own post office, school, railroad and small electric plant; and

WHEREAS, Marian Fell, Nelson's daughter, established the first library association in 1915, the year the City of Fellsmere was incorporated with a Charter, that gained fame for being• the first in the State to give women the right to vote; and

WHEREAS, in 1916, designed by distinguished Florida architect, Frederick Trimble, Fellsmere residents built a two-story brick school which would prove a century later to be of historic significance and an important visual link between Fellsmere's past .and Fellsmere's future; and

WHEREAS, for over a century Fellsmere land has supplied prime fishing and hunting grounds, while Fellsmere's farmers have successfully produced tomatoes, cucumbers, peanuts, corn, squash, spices, nuts, citrus, pineapples, sugarcane, cotton, cattle, poultry, and bees; and

WHEREAS, Fellsmere's variety of staples have provided opportunities for generations of settlers of English, African, Hispanic and American heritage to work, play and grow together; and

WHEREAS, today, 100 years later, Fellsmere is a place of historic structures, hard working folk, and small town sincerity; a place of unpaved roads, rural homes, and famed citrus farms; a unique part of Indian River County and an important part of Florida history.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that Saturday, April 2, 2011 be designated as Fellsmere Day in Indian River County and encourage all residents to join together for an all-day celebration of the City of Fellsmere's 100

th

year anniversary and furthermore, the Board would like to extend our gratitude to all the generations, both past and present, that created this quaint City, preserved it's historical importance and continues to work hard for its future.

Adopted this 22nd day of March, 2011. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

Bob Solari, Chairman

Gary C. Wheeler, Vice Chairman

Wesley S. Davis

Joseph E. Flescher

Peter D. O'Bryan

PROCLAMATION DESIGNATING March 21- 27, 2011

AS SHARPS DISPOSAL AWARENESS WEEK

WHEREAS, the Indian River County Solid Waste Disposal District and the Indian River County Health Department, Environmental Health Division are partnering to ensure that residents have a safe and convenient

WHEREAS, sharps are defined as items having the potential to puncture or cut the skin and include hypodermic needles, syringes, and lancets; and

WHEREAS, sharps can be contaminated with hepatitis, HIV/AIDS and other fatal diseases; and

WHEREAS, sharps clog sewers and lift stations, end up at recycling centers among cans and plastics, puncture solid waste containers placing workers at risk along collection routes and at landfills, and threaten public safety; and

WHEREAS, residents bring a sharps container home, place it out of reach of children, perform injections as needed and dispose of syringes completely intact into the sharps container not snapping off needles or recapping; and

WHEREAS, when a sharps container is full to indicator line, permanently close the top and return it to a participating disposal site and exchange it for a new sharps container at Indian River County Health Department, Indian River County Landfill or one the five Customer Convenience Centers (Roseland, Fellsmere, Winter Beach, Gifford, and Oslo), and

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of March 21 - 27, 2011 be observed as Sharps Disposal Awareness Week to heighten understanding of proper sharps collection and disposal ensuring that residents have a safe way to dispose of sharps, knowing to never put sharps containers in their recycling bins or trash.

Adopted this 22'a day of March, 2011.

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA


Gary C. Wheeler, Vice Chairman

Wesley S. Davis

Joseph E. Flescher

Peter D. O'Bryan

TO:

DATE:

INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM

INFORMATIONAL ITEMS MARCH 22, 2011

Members of the Board of County Commissioners

March 16, 2011

SUBJECT: Town of Indian River Shores 2011 Committee Appointments

FROM: Darcy Vasilas, Commissioner Assistant for District 3

The attached Committee appointments list has been received in the BCC Office for the Town of Indian River Shores for 2011.

Attachment

7A

4

MAYOR THOMAS W. CADDEN

VICE MAYOR GERARD A. WEICK

COUNCIL: FRANCES F. ATCHISON RICHARD M. HAVERLAND MICHAEL B. OCHSNER INDIAN lUv:&R SHORES

FLORIDA

6001 North A1A, Indian River Shores, FL 32963 (772) 231-1771 FAX (772) 231-4348

TOWN MANAGER ROBERT J. BRADSHAW

TOWN CLERK LAURA ALDRICH

TOWN ATTORNEY CHESTER CLEM

County Committee Representatives (appointed by Council)

Affordable Housing Advisory Committee As Needed Alternate

Beach & Shore Preservation Advisory Board 3'd Mon. Alternate

Economic Development Council (EDC) 3'd Tues. Alternate

Metropolitan Planning Organization (MPO) 2nd Wed. Alternate, M.P.O

MPO Technical Advisory Committee 4 th Fri. Designee/ Alternate

MPO Citizens Advisory Committee 1st Tue. MPO Bike Path Advisory Committee As needed

Alternate

School Planning / Concurrency Citizens Advisory Committee Elected Officials Oversight

3pm

3pm

3pm

10am

10am

2pm

(Alt. Frannie Atchison) Staff Working Group

Other PLC Intergovernmental Relations (4 Meetings per year)

Treasure Coast Council of Local Governments l't Wed.

Treasure Coast Regional League of Cities (bi-mo.) 3'd Wed.

Treasure Coast Regional Planning Council

10am Alternate:

10am Alternate:

9:30 am Alternate:

Jerry Weick Frannie Atchison

Mike Ochsner Jerry Weick

Jerry Weick Mike Ochsner

Dick Haverland Tom Cadden

Ed Ballas Bill Schauman John Warner George Sharpe Barbara Tilney

Richard Jefferson Jerry Weick

Richard Jefferson

Frannie Atchison

Dick Haverland Mike Ochsner

Frannie Atchison Tom Cadden

(Sebastian Jim Hill) Tom Cadden

Indian River County Mayors (Location rotates, date and time flexible)

5

CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: March 10, 2011

SUBJECT: APPROVAL OF WARRANTS AND WIRES March 4, 2011 to March 10, 2011

FROM: DIANE BERNARDO- FINANCE DIRECTOR

In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes.

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of March 3, 2011 to March 10, 2011.

Attachment:

DB:MS

6

CHECKNBR 264055 264056 264057 264058 264059 264060 264061 264062 264063 264064 264065 264066 264067 264068 264069 264070 264071 264072 264073 264074 264075 264076 264077 264078 264079 264080 264081 264082 264083 264084 264085 264086 264087 264088 264089 264090 264091 264092 264093 264094 264095 264096 264097 264098 264099 264100 264101 264i02 264103 264104 264105 264106 264107 264108 264109 264110 264111 264112

CK DATE 3/4/2011 1 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011. 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011

CHECKS WRJTTEN

VENDOR MICHAEL STAAR EVERGLADES FARM EQUIPMENT CO INC CLEMENTS PEST CONTROL PORT CONSOLIDATED INC STURGIS LUMBER & PLYWOOD CO DAVES COMMUNICATIONS/ELECTRONIC PRAXAIR DISTRIBUTION SOUTHEAST LLC JORDAN MOWER INC INDIAN R1VERAUTOPARTSLLC COMMUNICATIONS INTERNATIONAL TEN-8 FIRE EQUIPMENT INC VERO CHEMICAL DISTR1BUTORS INC HARR1SON UNIFORM CO COPYCO INC DBA IKON OFFICE SOLUTIONS HENRY SCHEIN INC NORTH SOUTH SUPPLY INC VELDE FORD INC SAFETY PRODUCTS INC RUSSELL CONCRETE INC LIGH1'SOURCE iMAGING SOLUTIONS LLC BG KENN INC COLD AIR DISTR1BUTORS WAREHOUSE E-Z BREW COFFEE & BOTTLE WATER SVC INDIAN R1VER BATTERY GRAINGER INDIAN RIVER OXYGEN INC KELLY TRACTOR CO COCA COLA ENTERPRISE REPUBLIC SERVICES OF FL LP DAVIDSON TITLES INC AMER1GAS EAGLE PROPANE LP MIKES GARAGE & WRECKER SERVICE INC DAILY COUR1ER SERVICE APPLE INDUSTRIAL SUPPLY CO INDIAN RIVER MEDICAL CENTER ALLIED ELECTRONICS INC MEEKS PLUMBING INC HD SUPPLY WATERWORKS, LTD BOUND TREE MEDICAL SCHULKE BITTLE & STODDARD LLC PETES CONCRETE EGPINC VERO INDUSTRIAL SUPPLY INC SPORTSMANS SPECIALTY GROUP FLORIDA VETER1NARY LEAGUE TIRESOLES OF BROW ARD INC FIRESTONE COMPLETE AUTO CARE CENTER POINT INC AHEAD INC ABCO GARAGE DOOR CO INC CARTER ASSOCIATES INC DELL MARKETING LP HILL MANUF ACTUR1NG CO INC R & G SOD FARMS XEROX CORP SUPPLIES GOLF SPECIALTIES INC GENERAL PART INC

AMOUNT 44.41

1,575.15 479.00

1,245.31 18.94

152.00 271.91 591.32 306.52 164.50

21,974.04 149.90 36.00

417.48 434.87

3,188.30 19.63

1,257.92 495.37

4,085.00 276.83

18.68 121.09

5.00 1,087.40

223.05 2,789.50

104.94 225.20 539.76

2,145.00 493.92

50.00 1,163.00

425.64 1,473.32

413.81 160.25

3,107.95 2,402.05 1,617.00

675.00 698.46 690.06 449.25

29.00 3,641.32 1,211.20

98.97 268.63

2,385.80 6,348.14

376.61 976.50

66.50 860.79

1,120.00 485.53

7

CHECKNBR 264113 264114 264115 264116 264117 264118 264119 264120 264121 264122 264123 264124 264125 264126 264127 264128 264129 264130 264131 264132 264133 264134 264135 264136 264137 264138 264139 264140 264141 264142 264143 264144 264145 264146 264147 264148 264149 264150 264151 264152 264153 264154 264155 264156 264157 264158 264159 264160 264161 264162 264163 264164 264165 264166 264167 264168 264169 264170 264171 264172

CK DATE 3110/201 I 31101201 I 3110/2011 3/101201 I 3/10/201 I 3/10/201 I 3110/2011 3110/2011 3110/201 I 3110/2011 311012011 3110/201 I 3110/201 I 31101201 I 311012011 3110/2011 3110/2011 3110/2011 3110/2011 3110/2011 3/1012011 3/1012011 3/10/2011 3110/2011 3110/2011 3/1012011 3110/201 I 31101201 I 3110/2011 31101201 l 31101201 l 3110/201 I 3110/2011 3110/2011 3110/2011 3/1012011 31101201 I 3110/2011 31101201 l 3110/2011 31101201 I 3110/2011 3110/2011 3110/2011 3110/2011 3110/2011 3/1012011 3110/2011 3110/2011 3/10/2011 3110/2011 311012011 3110/2011 3/1012011 3110/2011 31101201 l 3/10/2011 3110/2011 3110/2011 3110/2011

VENDOR GOODYEAR AUTO SERVICE CENTER BLAKESLEE SERVICES INC BAKER& TAYLOR INC GROVE WELDERS INC BRANDTS APPLIANCE SERVICE INC MIDWEST TAPE LLC NORTHERN SAFETY CO INC ARAMARK UNIFORM SERVICES LOWES CO INC ODYSSEY MANUFACTURING CO PAK MAIL K & M ELECTRIC SUPPLY CENGAGELEARNING CORPORATION PALM TRUCK CENTERS INC DEERE & COMPANY DLT SOLUTIONS LLC SEBASTIAN OFFICE SUPPLY CO COMMUNITY ASPHALT CORP COMMUNITY ASPHALT CORP HBELINC SUNSHINE REHABILATION CENTER OF !RC INC LINDSEY GARDENS APARTMENTS BOYS & GIRLS CLUB OF Il'<DIAN PING INC CLERK OF CIRCUIT COURT CITY OF VERO BEACH BIC BIS HEALTH INS-TRUST PAYROLL APPLE MACHINE & SUPPLY CO INDIANRIVERALLFAB INC AT&T AT&T AT&T AT&T A M ENGINEERING FERGUSON ENTERPRISES INC EBSCO INDUSTRIES INC INDIAN RIVER COUNTY SHERIFF INDIAN RIVER COUNTY SHERIFF BIC BIS OF FL ADM FEE I RC HEAL TH INSURANCE - TRUST JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES INDIAN RIVER COUNTY UTILITIES INDIAN RIVER COUNTY UTILITIES ROGER CLEVELAND GOLF INC TOTAL TRUCK PARTS INC ACUSHNET COMPANY OFFICE DEPOT BSD CUSTOMER SVC !RC CHAMBER OF COMMERCE ST JOHNS RIVER WATER MGMT DISTRICT FEDERAL EXPRESS PERKINS INDIAN RIVER PHARMACY SPRINT SPECTRUM LP SCRIPPS TREASURE COAST PUBLISHING LLC CORPORATION OF THE PRESIDING BISHOP CALLAWAY GOLF SALES COMPANY SUBSTANCE AWARENESS COUNCIL OF !RC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT

AMOUNT 49.00

760.00 1,912.31

9.87 227.90 464.70 218.12

1,016.84 2,033.78 6,130.00

170.75 201.14

59.96 1,316.06

985.50 1,415.56

408.98 67,357.62 2,655.08 1,060.00

180.00 1,374.00

37,427.10 89.26

418.27 32,703.63 92,437.50

337.05 12.38

1,847.06 62.90 50.15 29.96

5,314.00 4,311.03

25,923.67 5,682.16

15,294.00 38,020.50

405,045.78 1,806.77

31,456.21 2,917.00

89.42 937.50 780.76 230.44 438.23

47,598.66 160.00 39.98 13.80

1,721.82 113.97 22.00

220.83 14,096.77

69.91 13,811.27 2,557.55

2 8

CHECKNBR 264173 264174 264175 264176 264177 264178 264179 264180 264181 264182 264183 264184 264185 264186 264187 264188 264189 264190 264191 264192 264193 264194 264195 264196 264197 264198 264199 264200 264201 264202 264203 264204 264205 264206 264207 264208 264209 264210 264211 264212 264213 264214 264215 264216 264217 264218 264219 264220 264221 264222 264223 264224 264225 264226 264227 264228 264229 264230 264231 264232

CK DATE 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/201 I 3/10/201 I 3/10/2011 3/10/2011 3/10/2011 3/10/201 I 3/10/201 I 3/10/2011 3/10/201 I 3/10/2011 3/10/2011 3/10/201 I 3/10/2011 3/10/201 I 3/10/201 I 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/201 I 3/10/201 I 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/201 I 3/10/2011 3/10/201 I 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011

VENDOR MIKE CLIFFORD INDIAN RIVER COUNTY TAX COLLECTOR DYNAMIC BRANDS LLC TAYLOR MADEGOLF CO INC GIFFORD YOUTH ACTIVITY CENTER CITY OF FELLSMERE PEACE RJVER ELECTRJC COOP INC LAW ENFORCEMENT SUPPLY CO INC GLOBAL GOLF SALES INC WASTE MANAGEMENT INC SUNSHINE STATE ONE CALL OF FL INC CATHOLIC CHARJTIES DIOCESE OF PALM BCH COMPLETE ELECTRJC INC JOSEPH A BAIRD RED WING BRANDS OF AMERJCA INC COLLEEN D'ANGELO COX GIFFORD SEA WINDS FLORIDA STATE GOLF ASSOCIATION GERALD A YOUNG SR INDIAN RJVER FARMS WATER CNTRL DIST INDIAN RJVER FARMS WATER CNTRL DIST PITNEY BOWES INC ALAN C KAUFFMANN GK ENVIRONMENTAL INC CHILDRENS HOME SOCIETY OF FL FLORIDA DEPT OF FINANCIAL SERVICES COMCAST COMCAST ADVANCED XEROGRAPHICS IMAGING LINDSEY GEIB VERO CLUB PARTNERS LTD C & C ELECTRJC WORKS INC STRYKER SALES CORP SYMBIONT SERVICE CORP SYMETRA LIFE INSURANCE COMP ANY SHRJEVE CHEMICAL CO MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS HABIT AT FOR HUMANITY JOHN E ROSCOE JC WELTON CONST INC SUNQUEST INC SIMMONS CONST & DEV INC RUSSELL PAYNE INC FLAGLER CONSTRUCTION EQUIPMENT LLC CINTAS CORPORATION NO 2 CINTAS CORPORATION NO 2 BURLEY E MONDY JR VANWALINC POLYDYNEINC ALAN HILL POLISH AMERJCAN SOCIAL CLUB CYBULSKI, JOHN D & CHARLAINE SOUTHERN JANITOR SUPPLY INC CAPP CUSTOM BUILDERS INC CENTRAL PUMP & SUPPLY INC CAPITAL OFFICE PRODUCTS MCMAHON ASSOCIATES INC DICKERSON FLORJDA INC LUCAS,PAUL

AMOUNT 300.00

85.10 109.75

1,023.60 13,905.48

75.86 355.00 127.97 243.95

2,684.40 1,235.37 3,443.50

449.00 257.80 215.98 250.00 300.00

3,505.00 150.00

1,000.00 1,000.00

210.00 80.00

2,850.00 3,000.00

11,342.27 60.00 89.21

1,362.04 100.00

1,022.00 6,648.00

649.03 209.01

10,945.62 3,473.75

292.76 61.18

326.09 701.17

7,500.58 300.00 129.30

1,178.38 792.52 158.75 234.07 131.00 549.00

2,507.00 1,222.21 1,500.00

4.39 1,383.58

29.82 71.50

735.69 20,379.05

2,590.17 19.45

3 9

CHECKNBR 264233 264234 264235 . 264236 264237 264238 264239 264240 264241 264242 264243 264244 264245 264246 264247 264248 264249 264250 264251 264252 264253 264254 264255 264256 264257 264258 264259 264260 264261 264262 264263 264264 264265 264266 264267 264268 264269 264270 264271 264272 264273 264274 264275 264276 264277 264278 264279 264280 264281 264282 264283 264284 264285 264286 264287 264288 264289 264290 264291 264292

CK DATE 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011

VENDOR AMOUNT KELLY CONSTRUCTION & DEV INC 31.40 ETR LLC 854.33 PELICAN ISLE 192.00 BEACHLAND CLEANING SERVICE 1,078.00 GLOVER OIL COMPANY INC 52,023.89 ITT WATER AND WASTEWATER USA INC 237 .00 LARRY STEPHEN FAISON 60.00 14TH A VENUE LLC . 500.00 JOE RIVERA 40.00 DANE PFARR 140.00 ARDAMAN & ASSOCIATES 555.50 DA YID ADAM CLETZER 109.00 JOHNFBAER 515.00 OCE' NORTH AMERICA INC 462.60 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,506.82 KENNY CAMPBELL JR 180.00 OPPENHEIMER, JOHN 40.41 MICHAEL W EIRLS 625.00 MULFORD, MARGARET 32.90 MC MANUS, JOHN W & BARBARA 26.83 CORFIELD, LINDA G 69.92 SCUDERI, DOMINICK 47.70 COMMUNICATIONS BROKERS & CONSULTANTS INC 12.28 ESPINO, GONZALO & HORTENCIA 7 .65 ARTISTIC FIRST FLORIST 59.95 SPINNAKER VERO INC 1,297.00 GLOBALSTAR USA 59.91 CHARLES A WALKER 160.00 COMMUNITY ASPHALT CORP 331.02 BELL, DANITA 57.44 CEMEX 3,092.51 GL HOMES BUILDING CORP 145.13 TOLBERT, JEANETTE 38.16 BLAIR BURNS 1,220.00 VISION SERVICE INC 81.48 STANDIFORD, ELIZABETH 11.70 WYATT, TRAJANKA 34.15 ST THOMAS, MG 52.18 DEMERY, SHARON 19.64 MOORE, JEFFREY L 15.39 MARYELLEN SCHRUM 100.00 SOVEREIGN MEDICAL LLC 2,117.00 AUTO PARTNERS LLC 145.39 WILLIAM B SMITH PA 3,500.00 GEORGE V HAND JR DBA 4,950.00 STANDARD LIFE INSURANCE 8,442.00 STANDARD LIFE INSURANCE OPT 10,929.30 K'S COMMERCIAL CLEANING 1,600.00 L&L DISTRIBUTORS 210.00 DA YID L HANCOCK ESQ 1,765.00 ENVIRONMENTAL CONSERVATION LABORATORIES TI 17,744.00 THE SPIVEY GROUP INC 3,880.06 MARRERO TEAM.COM REAL ESTATE LLC 82.83 HANK RIVERA 51.90 DI VOSTA HOMES LP 114.11 CENTEX HOMES SE FLORIDA 376.70 SANDY ARACENA 120.00 ENVIRONMENTAL & MARINE CONSTRUCTION SERVI 6,820.00 NOVA ENGINEERING AND ENVIRONMENTAL LLC 1,850.00 THATCHER CHEMICAL OF FLORIDA 7,605.70

4 10

CHECKNBR 264293 264294 264295 264296 264297 264298 264299 264300 264301 264302 264303 264304 264305 264306 264307 264308 264309 264310 264311 264312 264313 264314 264315 264316 264317 264318 264319 264320 264321 264322 264323 264324 264325 264326 264327 264328 264329 264330 264331 264332 264333 264334 264335 264336 264337 264338 264339 264340 264341 264342 264343 264344 264345 264346 264347 264348 264349 264350 264351 264352

CK DATE 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 . 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011

. 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011

VENDOR BLUEST AR FINANCIAL LLC LAWSON, GEORGE HOUCORP INC BEECH ANNUAL FLOWERS INC VASQUEZ, ROSA KONDAUR CAPITAL CORP S & S AUTO PARTS NIC MANAGEMENT LLC PIONEER MANUFACTURING CNILSURV DESIGN GROUP INC ELIZABETH REPASS WAYNERCOMENT EAST COAST ANIMAL MEDICAL CENTER DANIELLE CARTOLARO FLORIDA PROPERTIES OF FORT PIERCE LLC PARIS,ERIC CORPORATE CARE WORKS LYON FINANCIAL SERVICES INV lSTD&M, LLC ruSTINBAKER HOLIDAY BUILDERS CONSTRUCTION INC RANDI KEATON/ FREDDIE MAC YATES, DALLAS MDT PERSONNEL LLC MDT PERSONNEL LLC BEZAK,LISA LAKE POINTE ENVIRONMENTAL GROUP INC FAS-AHM UTILITIES, LLC LPM MILLSTONE, LLC ST LUCIE DEVELOPMENT CORP DALE SORENSEN REAL ESTATE ATLANTIC COASTAL LAND TITLE LLC RADWELL INTERNATIONAL INC MASCI CORPORATION BOGART, TAMMY L MIGUEL RIOS JAMES HANSON FIELD ASSET SERVICES INC ANTHONY MORIE FT PIERCE A/C & RADIATOR BINDEL, FRANK FAMILY COUNSELING CENTER OF BREY ARD INC DANIEL SCHACHT MARLENE INF ANTE ALEXXINC PEPAJ, ROCCO & FRANCA TREASURE COAST MOTOR CYCLE CENTER INC DIEGO RIOS VICTOR MATSKO FERNAN, M/M RICHARD J GREENE, MISTY L BENJAMIN, BARBARA STRICKLAND, CHRISTOPHER BAKER, BARBARA A ARCURI, MARISSA VALERA, CINTHY A RIGGINS, TIMOTHY SAUNDERS, CHAD STETTNER, MARY ELLEN EW AR, GREVILLE

AMOUNT 40.41 51.46

200.00 111.25 67.74 33.69

547.64 124.85 800.00

1,030.40 14.26

806.00 183.41 800,00

76.73 68.12

1,178. JO 288.41

35.74 360.00 100.00 109.47

15.46 4,816.80 4,906.00

541.93 155.12 73.05

2.53 34.24 85.42

175.00 1,359.00

10,925.00 39.65 60.00 53.70

108.85 20.66

10,688.50 82.13 50.00

120.00 59.05

164.00 40.07

177.94 60.00

102.30 15.67 14.29 62.86

5.21 82.92 50.23 18.92 13.24 12.98 29.15 83.58

5 11

CHECKNBR CK DATE VENDOR AMOUNT 264353 3/10/2011 DEWS,PAULA 23.46 264354 3/10/2011 PATTILLO, JOSHUA 2.71 264355 3/10/2011 REP ASS, WILLIAM R 90.95 264356 3/10/2011 HALL JR, DANIEL 31.40 264357 3/10/2011 BARRY,LISA 30.37 264358 3/10/2011 ROBINSON, DANIEL C & DEBORAH 70.13 264359 3/10/2011 BEHRENS, THOM T 182.36 264360 3/10/2011 TEDESKO, PETER A 67.38 264361 3/10/2011 FATHER & SON CARPET LLC 49.86 264362 3/10/2011 GODDARD, JESSICA 33.41 264363 3/10/2011 RISTAU, RICHARD 55.44 264364 3/10/2011 MALDONADO, ALTAGRACIA. 39.21 264365 3/10/2011 FYLER TREADWAY, GRACIE 42.60 264366 3/10/2011 SEVERINO,MARCELO 60.96 264367 3/10/2011 PRESLEY, TRACIE & ROBERT 3.67 264368 3/10/2011 CORBETT, DEBRA J 38.57 264369 3/10/2011 KENDALL, ROBERT 5.62 264370 3/10/2011 RODRIGUEZ, L YMARI D 28.77 264371 3/10/2011 DROUBIE, MARK 142.59 264372 3/10/2011 LANNING, KARI 36.50 264373 3/10/2011 BOODHAI, TARA 7.44 264374 3/10/2011 GAZEY, ROGER 27.22 264375 3/10/2011 AREVALO, GERARDO 75.32 264376 3/10/2011 ABDELLATIF, KHALAF 26.24 264377 3/10/2011 AMY, JASON L. 41.61 264378 3/10/2011 COLLIE, HARTMAN 68.22 264379 3/10/2011 MACHADO, HEIDI 30.53 264380 3/10/2011 FINNEGAN, TODD J 15.24 264381 3/10/2011 DEMONS, WILLIE 80.86 264382 3/10/2011 BRYANT, THALERIA 57.49 264383 3/10/2011 AURORA LOAN SERVICES LLC 7.28 264384 3/10/2011 CAMPANA, SUSAN 56.79 264385 3/10/2011 HOGAN-LAWLER, VIOLA B 76.91 264386 3/10/2011 VAKIL, DIPTI & TUSHAR 28.78 264387 3/10/2011 STEWART, SHARON 59.80 264388 3/10/2011 ROSA, BREAHNA 24.06

264389 3/10/2011 ORRISON, GENEVA 61.03 264390 3/10/2011 SZCZESNY, ELIZABETH 78.47 264391 3/10/2011 WELLS, CHARLES 21.09

264392 3/10/2011 COOKE, SANDRA 42.92

264393 3/10/2011 DEVRIES, LUCY 26.82 264394 3/10/2011 STILLMAN, GRACE 37.13 264395 3/10/2011 MESSER, ALLYN 38.41 264396 3/10/2011 MC KENZIE, CA THERINE 51.88 264397 3/10/2011 KALOGRIS, CHRISTINA 30.61

264398 3/10/2011 BARRE, SUSAN 32.45 264399 3/10/2011 DOMINEAU, JAMES & CHERYL 51.28 264400 3/10/2011 PAULLING, THOEDORE RAY JR. 28.56 264401 3/10/2011 SUDNYKOVYCH, MARGARITA 117.82 264402 3/10/2011 SMITH, ROCHELLE 40.68

264403 3/10/2011 WHEATLEY, ALAN & GLENDA 46.85 264404 3/10/2011 KEYES,JOHN 45.71 264405 3/10/2011 WINSTON, CHAMARSHA 44.25

264406 3/10/2011 FORSTER, ALAN 60.58 264407 3/10/2011 LUDWICK, DEBBIE & JERRY 35.11 264408 3/10/2011 NAVARRO, ANTONIO 75.06 264409 3/10/2011 DUNHAM, DAVID P 32.06 264410 3/10/2011 LILLIAN HARPIN 59.30 264411 3/10/2011 KIMBERLY KNIGHTENGALE 40.82 264412 3/10/2011 VIRGINIA A IRONS 56.43

6 12

CHECKNBR 264413 264414 264415 264416 264417 264418 264419 264420 264421 264422 264423 264424 264425 264426 264427

. 264428 264429 264430 264431 264432 264433 264434 264435 264436 264437 264438 264439 264440 264441 264442 264443

Grand Total:

CK DATE 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011 3/10/2011

VENDOR JOHN B DORSEY MC NEW, TORRESSIA L NOAKES, ASHLEY CORY,HEATHER BUTLER, RACHEL GODSHALL, ALEX DRISKELL, MEGAN CHAUVIN, EILEEN K JSSZ INC-DBA BIZZARROS PFARR, TATIANA PESCE, JOSHUA HAAKSMA, MARY JOHNSON, VIVIAN US BANK NATIONAL ASSOC DOHERTY, DENISE HANSON, KENNETH & JOANNE LANDRY, CLARA WROTNY, SHAWN KURZ,DAVID PROUTY, ROGER HOPE, RICHARD V PELOSE, FRANK P. J-6 PROPERTIES, LLC IRBY, KAREN L SELIGER, WILLIAM GOSS,ERIC SIMS, HANNAH FORMAT FIRST D & M LLC NORBERTO SALGADO JEREMAINE TOLBERT JUNIOR LEAGUE OF INDIAN RIVER INC

AMOUNT 3,014.82

18.96 35.74 33.41 23.04 41.23

5.42 55.92 82.58 32.80 71.76 39.50 57.46 64.04 28.28 26.01

9.42 2.57

21.56 67.60 57.49 18.58 80.69 73.58 39.40 27.39 38.21 33.41 32.10

247.21 500.05

1,254,301.84

7 13

CHECKNBR 1387 1388 1389

Grand Total:

CK DATE 3/4/2011 1 3/4/2011 I 3/4/2011 I

WIRES SENT

VENDOR FLSDU IRS-PAYROLL TAXES IRS-PAYROLL TAXES

AMOUNT 8,340.68

358,426.03 299,73

367,066.44

14

JEFFREY K. BARTON

Clerk of Circuit Court and Comptroller 1801 27th Street Vero Beach, Florida 32960-3388 Telephone (772) 226-1205

TO:

FROM:

DATE:

The Honorable Members of the Board of County Commissioners

Diane Bernardo, Finance ~~tor . ~ (?"cJ

Jeffrey K. Barton, Clerk of the Circuit Court~

March 16, 2011

SUBJECT: Approval of Annual Financial Report by County Commissioners (Consent Agenda Item)

AND

Notice ofCAFR (Comprehensive Annual Financial Report) Completion

Section 218.32, Florida Statutes, requires that each unit of local government submit a financial report covering the operations during the previous fiscal year. Attached to this agenda is the report, which must be submitted within 45 days after the completion of the audit report.

The Indian River County Local Government Annual Financial Report for fiscal year 2009-2010 has been prepared and is ready to be submitted to the State of Florida, Department of Financial Services in Tallahassee. The report is to be signed by the Chief Financial Officer, Jeffrey K. Barton, and the Chairman of the Board of County Commissioners.

In addition, we are requesting the Board to approve the CAFR. This CAFR will be available on the County's (ircgov.com) or Clerk's (clerk.indian-river.org) websites. Questions regarding the CAFR should be directed to the Finance Department at 226-1945.

Recommendation

We respectfully request the Board of County Commissioners to authorize the Chairman to sign the County's Local Government Annual Financial Report and accept the CAFR as presented for fiscal year 2009-2010.

15

Unit Information

Unit ID: 100031 Year: 2010

Unit Name: Indian River

Unit Status: Active Unit Dependency:

Location Information Contact Information

Name: Hon. Jeffrey K Barton

Title: Clerk of Circuit Court and Comptroller

Phone: (772) 226-1205

Name: Mrs. Diane Bernardo

Title: Finance Director

Phone: (772) 226-1205

Fax: (772) 770-5331 Email: [email protected]

Address: Address:

1801 27th Street Vero Beach, FL 32960-3388

1801 27th Street Vero Beach, FL 32960-3388

Certification

Chief Fin~ffi~ ....._,,_ Chairman/Elected Official

NameC2>'\:::_~ Name:

Title: Jeffrey K. Barton - Clerk of Circuit Court and Comptroller

Title: Bob Solari - Chairman of the Board of County Commissioners

Have You Experienced a Financial Emergency in this year?

If Yes, Have You Complied With Section 218.503(2), Florida Statutes?

Auditor General Rule: Section 10.554(1)(h)6.b): If applicable, does the Annual Financial Report agree with the Audited Financial Statement? (Do total revenues and expenditures per fund group on the AFR balance to the audited Statement of Revenues and Expenditures?)

Yes No

• 0 •• 0D

Thursday, March 10, 2011 __,,. C')

AFR Details

Original AFR

AFR Status: In Process

AFR Received Date:

Audit Received Date:

Submission Type:

Debt Information

Long-Term Debt: $122,517,678

Audit Information

Was an audit performed? Yes

Audit Performed Date: 3/11/2011

Auditor Name: Harris, Cotherman, Jones, Price & Associates

AQdress: 5070 North Highway A1A Suite 250 Vero Beach, FL 32963

Page 1 of 9

Revenues Report for FYE 2010

~CCOl.lrit Code

~311000 • Ad Valorem Taxes

!_31?1 ••.- local_ ()ptkm. Taxes __ _ 1312300 - County Ninth-Cent Voted Fuel Tax !3'12Xfri·:··Fira·t i~~ai ·opt·r;~--F~-~TT ax·,,. ---- --- - I

~I r sJJeC1ar j Debt s-Eiivice 1 · -Ca pit.if ---;- Perfflanellt ! -Ei1t:eri)rise ) Internaf·-· r····pensi~n-·•-; 4i03t R;;,~~~.~601

5,933,535, !!_rgj~ - - - -- _!_____ 4,11•1 SeM!l~--r-···· ---,--;-- Q93~7-1·s~ - -331,2aa· - - - -,-·----- -· ---·---T ·

- T -1_6_2~~11 l ... ·- --- ~-L

! . _ 3,335,847! : .... ,..... '· ! ,. . ) !31-26(i'Q-~-[)i;~~~lionary Sales Surtaxes·

r_3 fo~o_o_·:;-~~~!6-~:~-~-1~~~~-~:~~6'.i~_:t~~:J~.h~J)~~! ~~.2.1. _ -~-- ----·~---- ·---·-_1_?A~§!~~i.~]_.· r· ·-~-~~ :.r.··-· -- - T-. . ----+

j 1,359,968;

~_1_§.0,_02. .. ~- ~?~~I_ Business Tai_<:_ (~h-~p~~ _?_~-~>. '322000 - Building Pemiits

[~~}iOii' ~ -~~a-~~h:i~~-~~~--~--~!~-~_ri_ci_o/

-~; .......... ~!!'.!~~:-~·-·· 7 ,o8a,o9:il

1!~

-, --·'·

!323300 - Franchise Fee - Water --·-·----------1323700 - Franchise Fee - Solid Waste

!324_110_ -_ lmpact.F.E:!es- Residential_-_Pu~lic :Safety ... ;324120 - Impact Fees - Commercial - Public Safety

~jj~~ f~.:~:·i·~.P~.it::f~!~-~ -·~~~!d_~~-i~~(~~-.f.~Y.~.~.fi~;i~~~~ent . j __

j~~~2__~ ~-~'!IP.~~-~~~-~.commercial - ~~¥~ical Environm_~_r,_t. ____ . L _ )3243_10 ~ lmp_act. ~ees - Residential - Transportation

!~2.432f-_l~P~?t F~~~~:.~.-~?mmercial - Tra~_sp_o~y~~ _ t324610- Impact Fees- Residential - Culture/Recreation 1---.............. ---·· _, ·-, --·----·····-·--······ .. ·-·- -, . ··--- ... --··--- ·- ·---·-···· -

;~:2~.'..1.? .. ~. ~rll.P.~~!. ~~~~: ~~.s!~.e,ri_tia! - O~E,!r __

!~~~7.~.~- ~ _l~p-~~ ~43.':'~-~ ~~-".1.!!l~~c:!a.1 __ : .. '?.t.~~.r ___

1----i-

!3251 ~O .-. Spec_ial __ ,l\~sessmen~ .- Capi~I_ lmproveme_nt __ . . . I !3~52.06. ~-·spe-~i~1. As~~-~;;;;-~t~_~·ch~~~~-,~~ p~-bii~.s.~~;~-- -- .J.--j329~00 ~ Other Pennits, _Fees .&_Speci<1:I._Assessments ·-··--·-·- ·

i.3~. ~~ .o~. : .. i:=.~-~~~~- ~~~!.: .~:~~~~~_<3..~~-~-~nment !~3.~~00 - Federal Grant- ?_~~(i<? Sa_f~~~

;~~-!-~ J ~ -~-F:.~E:!~:'!l __ ~.~a..~ ~-Y:,'a.t~ -~-~p_P.1¥. ~¥:!!11:l.m ·331420 - Federal Grant- Mass Transit

- -·· ----···--·- ---!331490 - Federal Grant - Other Transportation

!331500- Federal Gr8~t- Economic ·E~~i~~~ent ]~31620 .-. ~~~e.ral. c3r~~t-= ·p~b~~·M_~ist;~~- · - ----·

!331690 - Federal Grant- Other Human Services --·--·- ---·

!_3.~.a,~go ... -.. F~~E:~1-~_a_y~~~!!.!~.~!~~.-()~-~~~ !334200 - State Grant- Public Safety

:334360 ~ state Grant - Stormwater Management

!~~±~_9.~:~ji~~~.9!~.~t_:~§th;/p-hY~i~i--E~;i~~~~~~t [334420 - State Grant - Mass Transit

[-~~~~~.o -~!_aJ: .. ~~8.!1_t_~--~~.eE.!~~~~?.~~i?.~ ... 1334500 - State Grant - Economic Environment

_ j

i33469Q ____ s·i;t~· G;a·n·t=·othE;r·Hu~~~-s~;:;;i~-;· -----··-l3..~f~~.~·:~~f~ -:~:~~i = ·cuit~-~~R~~~;;'iio~ - -~ .. -- ..... .,_ ... , .. ,_ ·-- ·-·· ---.--l-!335120 - State Revenue Sharing - Proceeds l

:·,.• 3 .. 5.13. o ..... ' .. s·.·· ... •. • .• • ... Re···v···· ... ·"".". ·s···h .•• ring.· - .'". '. " .. ra .• • •• ce.Agen.·ts Coun.•y. ·.-.-. I·. :Licenses [335-14•-~·s1a-te-R~ve;;ue· sh~l"i"~g - M~bil~ H~~; Licenses ---·- -·

1335150 • State Revenue Sharing• Alcohol!c Beverage Licenses i335160 • Slate Revenue Sharing- Distribution of Sales and Use :Iii11Ces .tg_Gqy,r,R~i; J§~.cUon ~1i_,?Q, ,F.;3 .. ) ··-· ·-··· _ .. _ _ .... -··

Thursday, March 10, 2011 ...... -.J

-- 429,9571 -3,665!

-5071 _. ...... -.l

-453i ~141t·

518,920!

. 582,873! __ ._

289,963i 31.,4901'

.--1·a·;4aa1---21!}28oi 187,959i

12.146-r··· ·----·s1j·1·oi - --- ···ss:2a·or

_ _ 8_7 __ 9!.~~fli_,

1,663,ooal"·· ---·-- 602,497: - ··---·---·-- f ·--- --~· .---··~-·

~8. ~39i . 465,3701 .... ,. ··-·1 -- ~- 4:743~625i_ -

690,991! ! ·- - ·· ... -:fr>£256T ·

-~·7'.4~3r-·· 83,313;- ----

. - . -·- -·l·-,.12,686.i_. _

- ·, --- -------··- ·-~-···i ...

401,6441

261,772]

-··--·----···::t----100,1671

2,S75;·h1T-

38,_8041 ...

1-10,928]

56,450]

·~-·

446,687!

.288,066~ . 759,404!

355j72i 350,oori!-286,387!

- ·- ... -------: ·-·-L

~

i. •• _

-:----

1···· ·--!---

14,9741

151,320!

~:::::~ .--

-'"i

+ 2,420,00~~

i r

-i-- ---·-. -!

- _,_ - ····---· - ---·

··--··-•--s-..J.-- . --·----·-·· ------1,457,1751 --·--------·-T

!

i +· -t·--·

···+ +·

}. -.·· - --·-- ··.- -. -tl·

- -

--· - -

_ (328,865i. 53,9751

--! -----

-·-+--i---

·i-i

-·/

------ ------- __ _c_ ___ L

Trust '"···---·-·····-·-·"-·'"· j Component - Totaf

~---·-·Units ____ , ____ ___,

J --- --··- ·----·- 84,608,1081 }... __ 1~~~1 i_ 162,851

.... 1~· _, ___ i 1t~%J~~ I 1,359,968!

• y-- 178,591!

--·l +-

r

1,609,076]

----·-·.i 7,088,093]

1,736,5711 l 429,9571

•··-·-·--::::i -3,6651 -·J-- ;

i -5071 --_ ! ....... ---- -453j

----·---·-·· -141j I 518,920i

.. I 582.8731 -------·•--J

289,9631

___ 31,49~

f .. __ ., ___ 2.:!:::~ I 1,516,8241

---; 117,331!

[. ·--·-----66,28~ f 1,086,115!

1 -------·--·-·----···•-·> ' 151 3201

-!--- -----. --j 2,265,505J

_. _681,186j

4,879,9~.?j 690,991

' 102,2561

---1- -- -·- 97,403, ! 95,9991

2,420,000

446,687i

689,?.!Ql 1,021,1761

355,772j

- 350,000!

I 386,554i 2,575,721

38,804! -----<

110,9281

56,450[ ---,

446,.~~~

Page 2 of 9

r.,.~:.·1·:.•.·:.~~--:.: Revenue Shar1ng-:-cocaTGOV-.em.~-~iRa;:ceai - G:•::~77r::J:~·:r~~~::~:~r ~=- Perrna-nentf--Enterprise 1;::V~c:"!: ·-r--;,ension-·-r·-·--Tnii1: Ftiaj~ent

ISalesTax ' ' ! i ' ' 1:iis1·90:stat8 Revenue Sha~1ng·:01her e3·~neraT Government --50i004i. -

Totaf- --1

;;] [335fl0---state·FfoV8rllie·sh8rftl9-=-Fir8fTQhtersupplementaf_____ -·-·-·------ .. ------ · · ··-- ,. .. !Compensation __ . ·-·---·------------····"---· ... ________ ................ ._, ______ _ 47,715! 47,715!

500,~04)

.................... , ... !335220 - State Revenue Sharing - Enhanced 911 Fee ' ···-----·-- . . --·-·--·- --·-- - -----·---- -~~-!.451! j_3.35490 - State _Revenue, Sharing - Other Transportatio~ . i

;:!::~t-!::::-!:~:~t: ·!~:~:~: ~ 6;h0!~ H0~;:~·~:~s~s--" ---~---- ... -.. _· ---r:~:i l~3.5?~o_· -~--~~t!. R~.~~~~~:-~-~~~i~~-:.:~~~~~~~ei~~J!o.~-· -- - : _j. ___ ···-···~~-. ~··--··---+·-

2,372,772i -·---·- •--s•---1

-·!··· 69,828!

i335800 .. - State Revenue Sharing - Clerk Allotment from JAC ! .3.,.~12,6181 !3-37700 :i~~1G;vernment Unit Grant:-Culture/Recreation---· - ,- - - - --~--·-· :--.... 4~41 i010l' l~ij~f-~~~.~/~~~~h-~~: .. :.~~9-~~~j_~i~i~.~-- -.... ,.-...... ___ l --4g~! iifl ~ _-.·.:.~::::~~~~~i["" j341200- lnternal Service Fund Fees and Charges ! _____ •

~!}!~tfJt~:;:~;,:•::~;;srn-S~•!"':~-:=:=:=I . ~?4~3ol_ 14,583[_ . [341550 - Fees remitted to County from Supervisor of Elections j 37,289) : :341-560~i=--;;;~··;~·m~d-i~C~~~ty from Property Appraiser ···1· ····-1,113r -·· 7- -- -b41"i100·~ ·c;;~nty Officer Commission ;~d-i=e;s-···------··"· ._,.,_____

1 1 :9ii1·;222r - ---·-- - i

1· - ...... ·-· ·-······ """•··-·-'"·----.--- ·-- -·---··-···-- .......... ,---· --r·- -·· ·---· -·----·-, ·--- I :341900 - Other General Government Charges and Fees 1 635,514! 46, 1201

~1;]tJ~t~~~![!::~ir ~;!:;;•ntServi~~; r ..... _--=-+ ~ .:.::!:t: . i342300 • Service Charge - Housing for Prisoners 18,600! 72,719! <•·--· ---·-·- -·--··--··"·. -~--·------==~-,----c- ......... -- ... -·-·· -- ·-- ... ;.. --· ··---+--

i~?.!.?_~~-~--~~i:Y.!.c:_ ~-~-~!~.:. Protective Inspection i--ees . --~-[3426~0 -. ~ervice._Charge ~ .Amb.ulance Fees .. - _" _______ ·

[~.~~.4g2.._~ .. ~~~ice Charge - Garbage/Solid Waste __ !343600 - Service Charge - Water/Sewer Combination Utility

-·--·--•i-4,011,182!

-- .. ,. . ······--·l----.. -24,5441_. f3"4490o·:~ .. s~~i~:ch~;g~·.·~-oth~;-f~~~p;rtation _Charges ·- - .. f""

]34690~_- Service_Charge .• oth.er Human S'.3rvice.S: Ch~r_g~ I 138,1421 i347100 - Service Charge - Libraries -- - - ----- i 851! ..... -- ------- ----r-·---, ··-· ........ ,_ ............. ----·----·--·'>-·•---------- ---- - - - . -- . ------- -----+· ....... -----·- -,-!~?~-~~ .~.-~_e_~!?! g~"a~e - Parks and Re~~-~!_i?n ____ j __ 635,003! !347500 - Service Charge - Special Recreation Facilities , 354,661 I i:i4892·1· --c'~~rt i~~~~;fi~ns/Local Req~irem~-;,ts - ---·+ ... - ....... --.•-· ...... ·---- --3Qj4i(· li~~-~~f~~~i~~~f~_---··-·_-_--~~~~--- ................ ------ .:~~:-.. -·. _ ------··- ........ .1- .-:~·-_::~~di[--l~~~~~~ -~ _L.~_'A.'..~(~~~.rr- --- -·- -- - - -l .... --- . ·-·~~.: 1-~~i -- -------·-.. -~. -.. i~~~~~~- ~-~~.v-~~!~.,\ltemative Prog~~:~ _ _ ___ _ ... i _ ··- -· .. \. _ _ __ 3A~1~.1. -· _

l~~~-9-~0 - State C~~~-~8..~!i!¥..~~ri:;~~-r~~. (~-~~)__ . _. __ -----·• ! _ -~~•1.2~; _ ~~~:.~~I --·· !348931 - Traffic Surcharge I 27,3011 [' .............. ,., ______ . _________ . ____ . -----------·----·---·-·· ------ -------- -----·-1----- ····- ·------t

-1 --+ --r-

...... J ...... · ) •..•...

-··r ---

r--- ~r

-·! ······· ... ··-·· + .. ··-··-- ··+

---- ------ ·+· ••.• --1---'"

- ---- --+-. ,,

---1-- · I ' 817,4511

..... - -1-- 2,372,772)

1,42~ 7,979i

69,828!

j 3,512,618]

.. __ ,.! .... 4,413,010)

l 950,on:

----r-"17.33(

. 22,963,724!

31,91~ i .. -· . +---- ··+-··-··· ! 524,930]

- --- --i--···· . -~91 '

t..

, ,.201.1:l - +

·r .. · . . j.. 1 _-- ----1=--· -~ - 1·- .... _ . 1 1,9,;:;~!: -i· _ ---~-· -. ,, -- 1 • I 681,6 ,

• • ---~. - ;----- l 9,9601

L : -- . : - - - - - . - . -- ! 4~~:~:~ ---,-----T --·· --- - -----i- 1 451

1 ·1. . ·1,<5j .... ---- . - · 1 I 4,011:1.d

··,· ·-· )

1

- - =-··-, I 1 508,305! 51- · I -' ' i

1,508,30 i ·--·---·. l .i 27,483,3131 1

..... 21_,483,313! ----1

·t----- -- r--- 24,5441

-~ _____ .. r--- ---·, :-~-=-r-,~~·.···~ !I 3,::::~~~11 ·--·--i·-· 354,6611

-r---·- 1 ------·--.. --,- I 30,147]

··+-·--

· ··•·1L~~- -~ _r----~-~J:_- ····•··-~~·.•- -~r- ······- 1 J~:1~~ ! i 27,301!

(~~~~~O • Court Related Collections-~-~! -~~-1!1!~:d to ~~-~--~-t~t.~ ... ·-·-····-~71 ~~L .. --··----!_349ogo. ~ .. ot.her Charg~s. fo_r Services.. . . . . ... . . .. . 4_, 10~i984 346,553! i iss:n_o•-- Juagmentsarli:fFines ~A.s'b8cici8d by·coun·1ycourt - -- -·-·

1·;~

8j ! ··· ·- ----- --

.1-·- !-----;----·- 106i ·--!---· 200! . ~.J-- .. , ............ -... 4,449,737!

1cnm1na1 . ' ;

llJ517Q()~ Intergovernmental Radio Communication Program ·r-·- ---i21;46:i["

115,824i

·-1 !351800 - 10% ofFines to Publlc RecordSMOdElriii28.l:"i"On Ti-ii's-f i---- - .. -............... i·~··•·

iFund ! 172,276!

i~~~-o.~~-:_.~}~:~:: !:.i.~~~ .. ---"···------ ............ ···- . .. :~.]_~·~---/354000 - Fines - Local Ordinance Vtolation [ /i58.2oo ~··sale of cOntrabci.nd Property S8ized'by Law--··--- "' l ,_!:_Qf9!.~1!!1?11J. --····· ·- -·· _,, _ _ . .. ·····-··· ·- ,_ _ --··t i361100 - Interest

1362000. - Rents and Royalti_e.s

!~~~~~~ : .. E?~~_p?siti()~.?_f_£i~!:!~. ~~-~~_!s

Thursday, March 10, 2011 __., 00

.. J ..

' 47,747L_

_175,674! -·-·-----~·-

95,820i "'""·----,-

; 115,8201 - ...... ,. ... _l ---"---·--· ---716,6221 1,111,2721 -~~~~-~r-- -- -- ~~-~~J

-j- L. ---!-- 1-- -· -- -- :::::::1 .. ···-····'·-·· , ,·- I ._ I -··· I I 112,276

1

t--- soot--=7- ~·---- I 2;;:;;~1 ............ - I I ---+- l 115,820]

' . -·-- - . -- . -----·------ -- ./.. - - - - ---! i -~.~'.~.~.~-· _ --~!~'.~~~1. ___ .. r. .. --~_._1_~?.!~-~~I- ----~~!!~~~l. ---·--· _ _____ -·-- I 3,482,0201

_I I __ .J ____ , ... 25~,5191 I , 1 i 501,127!

I I J.. . 10.,~~- .... .350[ --·· -· .] ___ ~_ I 184,614!

Page 3 of 9

~ccoun1::c:oc1e General r s-peiial - f DebtSirviCe ! -Ca-pitaf i -Piiiinanent -. "Enterprise I Internal I Pension Trust .. -·component

i~:~~~F}:~,~f ~~~:~~~~:~~i~~;=;~~:~,~~~-~°,"c:''_~-r- .... 177,7~L R••:::~~~t - . . .L-~~j::52~~ .··~. .. . .. -. . 6,394: . S~lc:e l .· - ....... r ------1-- Units I 41::~~:1 1~:~i6t6iJ;"t:;c,11;~~~~; Reven,es i ....... i~:'.iiij·- 1:059, 1551 19,89,i- ... -1 . .. .. iss:soa1 553,557! . . -i . ····· -- ' -- i 2, :::::~:i

'r~I

!t:1~56:t::~t;;;y~~:1~r~;:1Js'.1ons~mP~vate_S~urc.•.t... .. 7"5·~••L .,.~~~·2l - ··- ~:~~··- ·.·· .. ·••·1·.· .. •. ii41:1421- ·.::.·.~!_:~.1.· ... ~ . ·r-_ - . -=r. ~ _-_ I 1 ~:~!~:~~~j Grand Total L - 95,356,330! 71, 112,986! 7,265,621 ! 15,866,0941 44,456,790! -_2_~:~~9,77~ I_ r ·1 I 257,877,5921

Thursday, March 10, 2011 __., tO

Page 4 of 9

Expenditures Report for FYE 2010

'.ACC:Ollni:/ObJed: Code --'

c;ene"rar --r- · ·spec1ar-TDe6fServiC"eT ___ CaPitaT ·· T-Perma·nentq ! Revenue f 1 Projects I !

Eiiiefjirfso I Internal ·r . Pension r trust .. TtomiioiienfT. . total . -I Service t ____ . J. ____ ---L--.. --~~-~~ l __ j !511.10 - Legislative - Personal Services

/~1-1.30·~-c;~;;-1at~~: <0Perat1_n-g~~penses· '.s1i-10 -Exe~;tive -_ P~;:;~~i·s~~i~~ --is12.3o- Execulive - oPerating Expenses

689,q~f . . ..... J.: ____ . . -+ I 225,200: .

I··-··-.·- ... ·-·· -·-~ .. ---·- - - .. -·-·------·--- ........ , ·"-- --· -· i513.10 - Financial and Administrative - Personal Se,vices

~5_]_3.:~9 -~- ~!~~~-~(f'!.(.~11-~-~9-~!!l~.~-~~\y~-~- t?.e~_ra.:!ing Expens~~i513.60 - Financial and Administrative- Capital Outlay !514.10-L~ga·i coU~s~I - PE!rSonai serYices · · · ·· ·· :s 1·4::i6 ~· ·c·eg;·i-c~~·~~~l ·:-op;;ali~g--Expe~-;es

i515.XQ = c;~prehens;;·Planning - Personai-ii~rvices 1-·---·-····· ... , •·- -, ....... - -·----···--· -·----·-.

T

·'

' . _:·~_?_1 __ (~-~-3.!_, __ _ ·1 --- __ ?q!.~-~~l __ _ 7,529,067i

2,063,?~ii ... 31,997)

831~ii5i

45·71·-·.a.~~: .. j_~ ~J _ ::~ 326,9191 )515.30- Comprehensive Planning- Operating Expenses

!5'1°s:6Q-:_··c;~·;;·~ehensive Planning- - Capital Outlay ..... ~

.:. 27"mi

·- ... .,. ;- ---· 0 --- ...

[~~.~·:~~.~:·s:_o.n:ip~~~.n~iv~- Plan~i~.!=J.:5~C~~~-~~~.~~.~. ! 59,6031 -,...... • ---•-os••··---C----

/517.70 - Debt Service Payments - Debt Service . . i51il:1·0·~-ot11-;·ci~~;ral Governmental Services-~ p~~son~is;;.:;:;i;;;si•• . ·- iG"BD,810{. 1-----··· ............. - .................. ,-,_'cc'cc'c-'-cc:C,·"""""=~ ·---·-······-.. ··•-"'• - ... ! .. [519.30 - other General Governmental Services - Operating !

3 134 026i

1i~~:

280,5691 ·-·· --- -- z

396,902i :J;:~p~!)_S~,§_ ..... _._, --- ····-~ --·----·..L .,. .... '. ___ __'._ ____ j -· !519.60 - Other General Governmental Services - Capital OuUay ! 12,339) 240,637! , .................... -··· -·--·---- ~ - -- '"''" . -----·- -- ........ ···-· -- .

'-••----•-•: _,,

i519.80 - Ot~er General Governmental Services - Grants and Aids ( 238,090j i , .............. ,. .... ,_.,.. ·--·--··'"·•--- ............... •-·--·-·--T" --- · - ···1·--!521.10 - Law Enforcement- Personal Services i 21,414,634! 416,0241 ·-·---- ·----····" ----~ - .. ] .. , .. _. ______ ,,,_ -,··

!521030:La"'E.nforce,ne~.t:~peraUng_Expen~~s. -·· ...... ·.·· .. ·J·'···· 4,61.5.,636f. 184,93~

. ·--- 1,662,040! _1?_97,572. 113,422)

- - · 21~5-o0~809l . -- - '3,55i451T . -· -:~.~~ ---- ___ , __ .. : --:- --- _ .. ::~i~{_{~.~.r- -·

i521.60 - Law Enforcement - Capital Outlay !s21.80- L~,,;.; E~torCem~~-t - Grants.and Aids ;522.·10 . -Fir~·c·~~fror-~-Pe·;;·~~~"i'S;N-i~S-·- ...

f522.3o··_-.Fire Co~tr~·I - Ope~ating Expenses j52£ei6--~··Fire·c~~t~1 -·c;p1t:iO~~y- -· -!522.aO ~·Fl~e--c~~t~o1 ·~ -G;anis··;;nd·Aids · ' 138211

--r - :I~~~~~~~1J.L :T~t~~~r .. i523.10 - Detention and/~r Corrections - Personal Services

l523 .. ~o - [),etentiO~ and/O; COITE!CiiOns - Operating ExP·~~;es

i523.60 - Detention and/or Corrections - Capital Outlay f52i80 ~-6~t~tltiO-n·a~·dlo-;--c~rrections- Grants alld'AidS--___ ... ,_ --.---- . -f-f524.10 • Protective Inspections• Personal Services ( i524.3Q·.-p~;~t~; ·1;.;;p~~tions - Operating Expen-;,;es··-· ---·---}

'.;!~]!_; Eniergen~y 8nd ~i~a~ter Relief _sEirvlceS - Pei-sOn~I _ f 1525 30 • Emergency and Disaster Relief Services - Operating j Expenses 525:60- Emerg~ncy 8nd ~1~a~~r Reli~f__:?erVl~es - Capital Outlay _

527 .30 " Me<!_l9~~ E~~!Tl1ners - Operating Expenses _ __ _ '529 30- Other Pubhc Safety• Operating Expenses l534·fo - Garbagetso11dW.iste Coritr"ol SEirvlcE!S'7PE!rsOnil ~Se_ry•p~s. ......... ___________ _ !534.30 - Garbage/Solid Waste Control Services " Operating

1

L~~n~~~ ............ ·- ...... --·--···----- ...... --·-·--··- ......... _ ................. -···-- ..... - ........... L [~~-~~-: -~~-~~~-~~~![~--~~~~.~ ... control Services.: Grants and Aids j !536.10 - Water-Sewer Combination Services - Person_al Services [536.30 - Water-Sewer Combination .. Services - Operating Expenses

l5_~~!.~· ~.~~!~!:.~E:~~.r -~".1.h.!~~~~~~-~~rvices··_ Deb~~~~~~-~---·-· i537 .10 - Conservation and Resource Management - Personal [S_1~,rvlCE!S

Thursday, March 10, 2011 N C,

2,068,3~~! 360,~7..~.f. 77,2391 57,521!

-- 573:.676f _ ....... ,.

476,285!._

-- _ 52'.096!

516,619!

104,9911

-~~~~~1 .... 357,797l,_ .

18~~.?.ql ... __

---:·-

295,60~--

121,726! - ---·-----.. ·--+-----

293,450! --· ..... J .. 4,061! ·-•----;

-+---..

.l. __

8,073,138:.

.J

--4"-·-

... I.

··~ ··--

,..;..,.

' ·:--.. ...... ., ........ +

19,610! - -----T·

.. ~

·-l ·---

- .. -!-·~··

··/·-· 1,1i14,847i ...... .,_,__. ___ I_ ....

!

r.

--1

661 . ·+ ., ..

J .... 85,344)

·---!--·--' ----'--····

I I

.J.

-,

...!

·, . 1·-··--·-

·---- 1 i . I i 689,0831 . . ---- .. __ .,___ .,.---~ ··-- -----}··--===

r---·- ______ ··-.·.··~-. ,-.-··---- ;_ -----~~5,2.~~ ___ _ J J. L.. 411,153:

) i ! 20,448]

109"ii6,.~·: ...... -.. : ... ·;- .......... _ ···1.·"- .. ,. __ -···-.··- 1 .. __ 7,638,1831 r· .. ·-·2~3~1~.~~[ .. ~~~.: .... :~ · ---: r. ----···- --··--~- - 4,381,028! . ) j 51,6071

----1-- ·--- ..... _ •...

· c--- 831,3351 ---1 --· .. i ............ ---·· .-.·.;: ..... _ ..... , ____ 27:8571

=t=J· f +-----·r----

1,983,940/ --~, 15,942,530!

·!··--f

]' ____ . -··-- .•..

,

···-+-· . L. .... -~-···

-i -'.. ....... .. I 1.308,3911 :. _-~ ·-. 1

, 651.376, i 1,430i 1··· , ----- 59,603:

r

-- 8,073,138:

-· ·-·-··· ··-... § ..

-~.- -. ·_:·~ ~-::·.-. ~~::·::·-::· --r

4,945,3191

-·· ~--- 19,473,458!

! 1,867,8231

. j 238,090i

. ! -· ·-21,830,6581 ! 4,800,575r

. 2,259,61~ -·r 113,4221 . T ·-·-·--···· .......... -:-;

i _ 21,500,809! i 3,552,451

"f 588 1361 ./........ ' i :· 13,821i 1-·.. ' . I 11.se2.104: 1 2,428,632!

. I ' ' ; I t .

134,76o1

j ..... 1,305,6861 ·· ........ . ..

j ...... 554,837!

r 573,6761

l-- 1.781,971! I 606,933:

J 638,3451 . \-·- '

i 398,4411

I .J

.. ( ........ ·-· 59,08aj .. ! 357,797[ _j 18,970! ·r -

·+- --~·1.~.1.-•~~~1. _______ .J ____________ .l' l 1 2.787.852!

I 7,84~.:~~=L--·~ ---- .J ------·-··--- I ..... ___ ! 7,934,3571

. 47,119) i • ···:-·~ i 47,119: :-·-·-7:a77,126! - -- --- ------- ·1 7,877,1261

....... ~.-... 24,314,481r -- _ _ _ _ _ _ _ _ -j ---·-24~314~481! '~··, ;1 : . . : :.::i Page 5 of 9

"COOUnt/Object Code i l--- -···-·-•·.,····· ,. _ _.., .. --· . ··········-·-·-·-··-·····-·---·--·--·-· - -- ----

General -- speClai ·-·-! DE!bt Servi00-1 - caPital Revenue ! 1i Projects

' . ·!----+--Permanent Enterprise -··1nterna1

Service Pension Trust I" Component Toial __ _

Units

t~!~.:O°.~;.~~-~~:~~~~ _a:~-~~~~-~~-~-M_a_n_•_9•-m~e:~~~~-~~.~~~~ ! 2~~ ~!.'.,L___ _ 1,904! 1538.10 • Flood Control/Storrnwater Management - Personal

2--~! -----~. - •

!f:Sf~~:~~~::~:~;;;::~:~~:::::::::~:~:::1~u11;y~L ... ·.···~~.. .. --;E~B ... . .. · r ~s,:,J ~~· ·:J:-· · . ... .......... I · ... · .. ·, ___ _,___ -· ·;::::9 ··-··- 22,081

i.~~~.~~~.:::_<::~!~~~ .. ~_hysical Environment- Operating Expenses ......... ·-·1--· -·-- 47,347/ .. .,._ t I 1

-T- ·····---- · -· · ·.-· ·· · · 47~347!

&i"~l=Ji:'E.~.;-==-- =~, ~~; - l '"'"' : . ~= ==E=: = i ~== .:E !511.80 - Roa.d and. Street .Facilities • Grants and Aids . i 2,890,8201 263,422! I -! I j - · -1 -- · ···· ·· · · · ··--1 ·1 3 154 2

42,

j~~~~:~~}~~~!~-D;~~[;p~;~1-~·Grants a~'!_~~C!~--·· _:_:~~-.· -··-~.-·c ... -. 100,864j _ -··· __ ·.~~~·:~··••j _ ·---I·•· .... _; --··-··: ·.=r- ··-·--·- ···-_jc=.-· ····-.·.·7"· ····.···.·· ·-···- -··\·--·-···-···-·----] 1

100:864]

[?~..:.!~.::.~~~.~~~~~~~~--Personal Services 1------ 153,704J ,. ·--··-··-+-----+----+-·· --· I i ! ! 153,704/

f~~H~~~~~:~::~:~:~~::%~:~ti;~dE;~:nses + .:::~:r 1 ; ! ...... : ·- ) ,l .I .:::~:l !~51.10 - ti?~si09"~nd Ur~~n gevelopmer_it. Personal Services : ····---··--· r -- ···- 17,020! ---+-· -·-··--· -+------+-----+--·· .. ·-·- - ........... ···---· I 17,020! · ···· -·· ·· -··· · • -··· ·---· ··········•··· · ,. .. ·······~·--··-· -·· ...... --···----·----··---····- ·t· ·1-···· •• ·-····--·--··- ·1· ···-- •· ·····-- •••. ~... -~~-, ····-·--··-··--··· f ............. ·· ... i••· · · -·--··-·- ·· · ·---·-· ···- --;--. I

!~~~·{t-C~~~~!·:~:-~::~ ~:::::::1~t:~~ae~:i:~dE:~d:nses ' -···+· ·· ... 1·.i:{~~61 · .·---·!··· ... ·---- ===:;==========::========== :.••··=-=-.---1-·. ! 1,:;~:~~~l /m'f~ji:~ih~Irt.~;:!::::,:;~Jl;;~~~E~~-,"~~.~=-·r· .~i:~~;= ·····,1~·~~r .. -...... ··.··.·~ ......... ······· .... ..i ·•····· . • ~:= ....... ········ +----~~~'······•» · -·___ J :~~:~:~i w~~:.~-~·~· Health Services - Operating Expenses -··--·-··· 78,225 i .... ~.. _ _,__ i ! 78,2251

1!5-~~8_0. - Health Services - Grants an~.~!.~.~···-·-•--,---_. ··--···-·· ~-o-~.~.~9L ____ 25,979/ .. ~.. ············" ····-··- ·-- ·····-··· --+-----+-----,----- ......... ·-· 427,679i

!~!Htr~~:'1:::::1;.1;:,~~,~~:~:;;.ff!;;;,~., . l 4{1¾+~r 169,827!· - - . · l .... -· I .. : . -···· t~'.¼~~

i564:30=-PUb1ic Assistance selVi~s. Operatin9-B<Pense~ - ···--- ·r-~92[ 1,890, 1541 ...... - .... -·· . i ··-- - ., i ··-·- -· --· i 2,454,0461

!564.60 ·~ -p~~JI?A~S;t;~·~;·se·cv-!-ce-,-.-c-_.•~.P-.!t _ _a_l_~~~.t!~r'-=~~~=~ ·-····-.. 1 .. ·========:· ~ .. ~ .. -.. ~~:-2.-0~7i~~--= --· ·--·+-··· - -··- ·· ··-"! --~~~·-.:.·.-.. ---J .. -.. -_-.. -.---.-.. -.. -.. -_1+-:.-.. -:..-_-_-_-_-_-_-:= -----~! ·-----···---·--· ··=~·~:_. __ ·- 1,200:

!564.80-PublicAssistanceServices-GrantsandAid.s 1 .1.1,~.59/. . ... 5.~8,.4.85i. ' .. , i . I . i . . 566,3441

i~~L~~. J~~~ ·~- ···.·~· ; •1t~:.,~~··•·•.t=~~~ IE:§ lm:ci~~;;::~: ::~~:1:;;~•:6~;:\1%;'Ji~•nses .. i

1•1:::~~~i 5~},;~~j - i 1,305,4.BBj + _,.,21

'00l ' . + I ~:~~~:~::I

~~~~t~.·.~.~~~i~~~~~~~~~9;~~tj;~ · Debt~.:.~!~.-~~~ .. , .. _ - l i= ·- -· :.-.:· .... -... ·- -.. -·- .... ··;:-.. ~~:··::~·::~···"'.,_l . ___ ··--t-~,394: 175,394j

1572.80 - Parks and Recreation - Grants and Aids .. .! 120,307, 696,429j ; . -----/.-----+-- ---+-- . _____ i 816,736)

f:f!1~:~~~'!:;;~:1t~;~~~;,n~;~i~~~,s~;;;;~~; -~=~f ·· ~0' 4~

4f i,s10[ ·-., , .. - ·- •···· ·· - ··· ·.. ····- ·· ····· ········ - · ........ · I 4~::~[

f575.30 - Special Recreation FaciliUes • Operating Expenses 1 312,062) f-----+-----t----- ---+~ j 312,0621

i575.60 - Special Recreation Facilities - C;ptt;!Q~tl~y-···-·- I 153,8641 --· ·- ··- ... ··:- . ) ···--·-·- ! 153,86 ··-·"·-·-··-·-··---·-················-··--·-·-==~~~~ ......... ·-···--·r- ---+--·~~~}·---··- -··-·-··-~ ··-1· ···-····-- ·--·--·····-~j---~-j-- ·-·,--··· --+-······-· I

1575.80 - Special Recreation Facilities - Grants and Aids 1 ~ 432,3701 --== ____ ---~ -----i-----+-----i 432,370! !~iI .. ~~ ... :~.·-'~!~r;~~~d Group Transfe~·Out- Other Use;·-··. ·······! 9,18i,4fl,i ·.·· ·:~~ii4-;:i"97r 125 .•. 3331 6,000,~~~F· 11 . 1- . ·-··- -·-·-·:···-··· l 17,057,0141 [so1.80-CourtAdmin!stration-GrantsandAids ---··-·· i i 141,383! I , I I ... {- / 141,3831

l~.~~~~:.~tateAttomeyAdminlstration-GrantsandAlds ! 26,5511_····· ~~~:2~: _ . ·--· _ -····-·! , ) ····----' ! -·I 160,841

!!~~~.:.~.?_: .~~?J!.~ .. !?.:fender Administration - Grants and ~!~- ···-·····-J .. --~~~~/..._. 75.c.~1~--- ., J._.. -··-~---·--· --+-- ·- .. -····-· 1

1_ · II ··- 79,501 l~.e~.'.~-~- - Clerk of Co~!!_.Adminlstration - Personal Services r 762,227! i j1 i i . ! 762,227j

l~9-~:~o.:._l?l~r~(?!~~.u.~~~!!'i~i~~~!!~~,· .. C?~e.:i:~!i.'!~.~e~!l.~~~... J. 38,200/ 61,386L ·····•---s _j ... "·-·-···-···--· ,, .. _ ! ....... ..!. '---·-·-··· I _ 99,58~

Thursday, March 10, 2011 N)

Page 6 of 9

--'

;ACcoiirit/ObJect Code Gener"af T Special ! Debt Service r -Capital " ! Permanent ! Enterprise f . Internal Pension Trusf· cOmponent

! -----i Revenue ! , Projects i ! i Service -----1--- Units

Tot.if ··-7 ! es~:.; ~~~J.;. f · . 1 __ + • + . " -FF ·~a

ir~J!t;::::;:;;:.:::::;:::::::;;~';;::;::~::;;::,:" ····~~~::J- ... 9.625: ··-· ·· ····· + · ····--· :- ···· ········-····· ········· -1-.~:::::~--.::.:-.-.. ---l-·----1-- -.. 5;~:1

i6~7.B0 - Cou·rt-s8Sed Victirri Services- Circuit Family- Grants.arid · ~3 ;~{)! · 3o 146

: · · ' 83 896

;

~~!5@_··--· ··········- ••'--••-- ·----·-.. ·-··--·-----·-· .. -·---··-·-·-·-------··•--'•• -·-------'·····i··-·-··· ' ____ ,l___ ··---· -··-·' -- ... ···-- ····--····-·--i--·-·~-· ·--··---··- ····-•--.---·-·--··: ....... ] 1674.~0 - Clerk of Court Administration - Circuit Juvenile - Personal

195 092: i i )

195 ogi

[(!f}!:f'"'kofcou~"":'"'~"""~:~1,c,~Juv~,11~:~P""'~" ·;/9;,;/ - · [_~- .. ·······- · - - ········ ... _ ·-··+----·· ... ,..~ ----· 11:9351

1

)685.30 - Guardian Ad Utem - Circuit Juvenile - Operating Expenses! 36,766! 44,885 i j l 81,651! ,.. .... . ..... ,. ................... _.. ____ ····--··-·---·--·-···-""='=,-~~--·,-· . ·------ --,-· --· . -- ·-- ··--· - ... . - ·--· ..... .. - - -· ------

1;~1~;.~~~-~~ ~f- ~~.~rt-~d~~~~.t~~t.'.~:~-~~~~~~~-~-~-~~~-~:~.1---··- . ~ 1~~~~·-· .... j. i ·~-- . -..... .... ---- , ..• _ -···., _ .. •·---·-~~.!~ :694.30 - Clerk of Court Administration - Probate - Operating . 7 388 j i ' ' 7 388!

l~-~r:,~~~.~.~~-~·~.~~~-~Ei!Y_~.~=!~~n~~I~-~~~~·-- . ., -··-~ --·~:t_ .. i584~i33! .. · .. -- . ,l --·- ..... - . _ t. --·- -- ............ _.. .. ....... -· ~-=.~~~~~ .... -· ·-·-·-- ·- --···--- _J ..... -~ .. J 1,584:73;1 !711.30 - Courthouse Security - Operating Expenses j 95,7991 6,4941 I ! ! ! 102,293) r~~!i~~::;~~;?:!~~f ~:~:::~:g~i;:;;.,~ ·=~~·-~i · :::}:~~ · ·:: .·: · ··· · 1 · -· -~-:·_1::- · -····- .,_-~: ._--_-:•·· ~;-_=-- · --___ ·•••·.·- -· -· · · ·· · · ··--~ · · ··· · ····· ··· 1· ... - ----1~-- -:;~rf :I !724.1 0 - Clerk of Court Administration - County Criminal - Personal 322 9061 i · i 322 9061

L~§!~[Q.E!i, ... ___ .,.,. ............ ·-"· ·····------.. ~···-·-···-··"--·-·----· ... --... - -------·- ' ! ---·-··--····· ... L ---· - -·-l- ---J--~- .. - .. -- ·-·-·---··-···-+---- J. .... ----+----- ' ' )724.30.- Clerk of Court Administration - County Criminal - 33 129i 9 6251 • ) 42,754! 1QP..~.rnJ!tJ.9 .. ~~l?.~D§.~.s~·--.~~~~·-·-· .... --·•-.-........... _ ............... _ ... _.. .. +----• _J ··----., ..... ~- ... :__ ·~--·-·· ··--·-----··---i·-·- ··- -·· -·- --~- _ ··------ ___ -----··-·-··- .... L_._ _ _ _,____ ---r------' r744. !0 -Clerk of Court Administration - County Civil - Personal 271 ,739/ . 1 ____ : ·---- , 271,739i

1;Bl;~~;:::~::;;;::;:::;:;:~~;:~~~::::~::~~ _40::::i- :_:_~ ·- ___ - (- . __ -~ - -, ___ :1_. -· ·--~~··::~j- --- 40:::::1

!764.30- Clerk of Court Administration -Traffic- Opecating 33 110! 9525i , f t f 42 735! !J;~P..~.D.~@§.... .. ·; ~r~~~-~~~I -·-·- ··--··-··f- ·-;~~;~~~1--~~:942~093] 8,198,471 ~;~;o;;[ - --- 50,008,390 __ 20,352,821 _ _ ___ __c...... .. . 25BA47~5BJ

Thursday, March 10, 2011

N) N)

Page 7 of9

Data Element Worksheet Report for FYE: 2010, Unit ID: 100031, Indian River

Thursday, March 10, 2011

N)

w Page 8 of 9

Component Unit

300629 - Indian River County Emergency Services District

300241 - Indian River County Housing Authority . ··--·--·-·•---..-.----···-·------ ---

300630 - Solid Waste Disposal District

Thursday, March 10, 2011 N)

.i::::..

""----·· Type

.

I Blended in Primary Report li~d;p;~dently Rep~rt~·d·----- ·-

]~~ended in Prin,_~-~,.~:~~-~ ~-----

Total Total Total Debt Revenues . Expenditues ____ .. __ $26,803,230 . $26,099,568

$9,468,190 $10,683,984 - --- ··- --- .,,. ____

Page 9 of 9

TO:

DATE:

CONSENT AGENDA MARCH 22, 2011

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM


March 16, 2011

SUBJECT: Senate Bill 1296

FROM: Peter D. O'Bryan, Commissioner District 4

At their meeting on March 15, 2011, the Economic Development Council recommended the Board of County Commissioners send a letter to the Senate Commerce and Tourism Committee requesting they pull Senate Bill 1296, the proposed legislation would eliminate the Florida Enterprise Zone Program, effective 7/1/2011. The program is scheduled for Sunset review in 2015.

I am requesting consideration from the Board of County Commissioners to approve a letter. In addition, the Florida Enterprise Zone Program has proven to be a highly successful economic development tool for business recruitment and expansion for job creation.

Attachment: Letter from the Enterprise Zone Development Agency Enterprise Zone Activity from FY2005 through FY2010

25

EZDA Members

Joe Chiarella Financial Entity Chairman

Richard Lane Law Enforcement Vice-Chairman

Tracy Carroll City Council Liaison

Penny Chandler Chamber of Commerce

Joe Flescher County Commission Liaison

Godfrey Gipson Non-profit

Leroy Smith Resident in Zone

Richard Stetson Worliforce Solutions

Milt Thomas Community at Large

Todd Westover Community at Large

Karl Zimmermann Code Enforcement

(vacant) Business in Zone

(vacant) Community at Large

. In.dian Rive.r County City of Vero Beach

Enterprise Zone Development Agency

February 24,201 I

The Honorable Nancy C. Detert Senate District 23 417 Connnercial Court, Suite D Venice, FL 34292

Dear Senator Detert:

We understand that SB 1296 was recently filed which, if passed, would completely eliminate the entire Florida Enterprise Zone program. There couldn't be a worse time in our state's economic history to repeal such legislation. We urge you to pull this bill before it is heard in Committee. Since its inception in 1985, the Enterprise Zone program has proven to be a highly successful economic development tool we utilize as part of our "toolbox" of programs for business recruitment and expansion, otherwise known as JOB CREATION.

Our local Enterprise Zone was approved by the Florida Legislature in 2005 to help our local businesses get back in business following the hurricanes of 2004. It was especially beneficial to Piper Aircraft as they began rebuilding and, in some cases, removing structures damaged by Hurricanes Francis and Jeanne. Piper is our county's largest private employer with 850 employees.

Piper Aircraft has utilized the Enterprise Zone program frequently as they continue to invest in new tooling and machinery. The firm is currently ramping up their operations to begin manufacturing the new Piper Jet "Altaire".

Just recently, Oculina Bank announced plans to locate their operations center in our Enterprise Zone, creating 20 new jobs. The primary reason cited was the benefits offered through the Enterprise 7,0ne program (please see attached article). Bank executives were initially considering a site in another county that was not within an Enterprise Zone.

In working with the FL Enterprise Zone program over the years, I've learned that many businesses will only locate to an Enterprise Zone to take advantage of the tax benefits available. Florida will be at a severe competitive disadvantage should this program be eliminated, as nearly every state has a program in place.

Indian River County Chamber of Commerce - Economic Development Office 1216 21" Street - Vero Beach, FL 32960

772-567-3491 ext. 121 www.indianriverchamber.com

26

Senator Nancy C. Detert February 24, 2011 Page two

Again, we ask that you pull this proposed legislation before it is heard in Committee. In supporting Governor Scott's platform of"700,000 Jobs in7 Years", the Enterprise Zone program is a valuable tool we use locally in accomplishing our goal of job creation, as do my colleagues throughout the state. If you have any questions, or would like to discuss this further, I would enjoy the opportunity, either by phone at 772-567-3491 x121, or via email [email protected].

Thank you for your attention and consideration.

Sincerely,

Helene Caseltine, CEcD Enterprise Zone Coordinator/Economic Development Director Indian River County Chamber of Commerce

c: Commissioner Joe Flescher, Indian River County Council Member Tracy Carroll, City of Vero Beach Enterprise Zone Develop111ent Agency members

Indian River County Chamber of Commerce - Economic Development Office 1216 21" Street - Vero Beach, FL 32960

772-567-3491 ext. 121 www.indianriverchamber.com

27

INDIAN RIVER COUNTY /CITY OF VERO BEACH ENTERPRISE ZONE #3101

Activity 10/1/2005 • 9/30/2010

Businesses Jobs

Year Assisted Created

2005-06* 129 168 2006-07 so 9 2007-08 39 26 2008-09 120 1 2009-10 32 2

370 206

*Local EZ was activated 10/1/2005

•

Business Equip Sales Tax:Refund Number $ Amount Refund

Refunds Purchased Reguested

10 $ 128,691 $ 7,463

15 $ 486,783 $ 25,785

27 $ 478,323 $ 12,523

39 $ 708,287 $ 27,456

2 $ 22,343 ~ 3,826

93 $1,824,427 $ 77,053

Building Material Sales Tax Refund Number $Amount Refund

Refunds Purchased Reguested

8 $ 398,516 $ 23,190

2 $ 1,101,650 $ 6,746

2 $ 2,529,926 $ 10,000

3 $ 436,993 $ 11,399

0 0 0

15 $ 4,467,085 $ 51,335

EZone Workshops Number #of

Worksho~s Attendees

5 42 1 11 1 11 2 66

1 10 10 140

00 C'J

CONSENT: 3/22/2011

Office of INDIAN RIVER COUNTY

ATTORNEY

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

MEMORANDUM

TO: Board of County Commissioners

FROM: Melissa P. Anderson -Assistant County Attorney (YJff


SUBJECT: Wild Turkey Mine - Phase 1 Approval of Cash Deposit and Escrow Agreements for Compliance and Restoration

At the October 8, 2009 Planning and Zoning Commission meeting, the Board approved the request for major site plan and administrative permit use approval for a sand/coquina mine known as Wild Turkey.

Compliance and restoration security in the form of cash has now been posted for Phase 1 of the Wild Turkey Mine, and the Developer, Wild Turkey Estates of Vero, L.L.C., executed a Cash Deposit and Escrow Agreement for Compliance ($49,800) as well as a Cash Deposit and Escrow Agreement for Restoration ($83,867.74).

RECOMMENDATION:

Approve the attached Cash Deposit and Escrow Agreement for Compliance and Cash Deposit and Escrow Agreement for Restoration and authorize the Chairman to execute same.

/nhm attachments

!ndi'ill Rivi!' Cu.

Admln. Legal

Budg<>t

Oe~t.

Risk Mgr.

29

PHASE I

CASH DEPOSIT AND ESCROW AGREEMENT FOR

COMPLIANCE

RE: WILD TURKEY SAND MINE SP-MA-07-10-34 (2004120019-59695)

. +h THIS AGREEMENT is entered into this_/ _/ _ day of ma t@J ,

2011, by and between Wild Turkey Estates of Vero, L.L.C., a Florida limited liability company (Developer), and IND.IAN RIVER COUNTY, a political subdivision of the State of Florida (County):

WITNESS ETH:

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.

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 has tendered to the County Office of Management and Budget (Escrow Agent) the sum of Forty-Nine Thousand Eight Hundred and No/100 Dollars ($49,800.00), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian. River County Code Chapter 934 with respect to site plan compliance.

2. Upon completion of the restoration of each mine phase, the Developer 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 a.II respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the

30

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· Developer, at the address specified in the request for disbursement.

4. Upon failure to comply with all the requirements of the site plan approval, including but not limited to unapproved off-site discharge of water, failure to confine hauling to approved hauling. routes, operating in violation of the . safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve compliance or restoration. All funds remaining in the esi:;row account at the time default is declared by the. County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of

· County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining approval, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Developer, its legal representatives, successors or assigns, at the completion of.site restoration.

5. Any interest earned during. the term of . escrow, less administrative expenses, shall be disbursed to Developer at close of escrow unless necessary for County to utilize in cure of developer's default.

6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or · impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, i:lrchitect, engineer, attorney or other party providing labor, material, supplies, or services to Developer while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for c.laims 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

2 31

rev1s1on hereof or hereto shall be in writirig, 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:

si~n namj)ch/~c: . pnnt name<,9124 1e1 ff ,£1,,;,p,;, a ,11 ~

WILD TURKEY ESTATES OF VERO, L.L.C .. a Florida limited liability company

~~~~ ~~~:~ ~ ~,GtJt1M£1ii~ Dater (1-1(-I I •

ATTEST: Jeffrey K. Barton, Clerk

By: _________ _ Deputy Clerk

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA

By: ____________ _


BCC approved: ____ _

(SEAL)

APPROVED AS TO FORM AND LEGAL SUFFICI CY:

By: ' ' ·'711 X Melissa P. An erson / • Assistant County Attorney

3 32

DUANE PANKHATZ, D.V.M, MS. 44130 - 279TH ST. PH. 605-925-7611

. FREEMAN, SD 57029

'),1·

I ·,

78-228/914 7088

DATE

33

PHASE I

CASH DEPOSIT AND ESCROW AGREEMENT · FOR

RESTORATION

RE: WILD TURKEY SAND MINE SP-MA-07-10-34 (2004120019-59695)

THIS AGREEMENT is entered into this I I+~ day of b1 axek ' . 2011, by and between Wild Turkey Estates of Vero, L.L.C., a Florida limited liability company (Developer), 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.

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 has tendered to the County Office of Management and Budget (Escrow Agent) the sum of Eighty-Three Thousand Eight Hundred Sixty-Seven and 74/100 Dollars ($83,867.74), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by. said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that . Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site restoration.

2. Upon completion of the restoration of each mine phase, the Developer 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

I 34

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 Developer, at the address specified in the request

· for disbursement.

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, rnining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve compliance or restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer· has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining · approval, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Developer, its legal representatives, successors or assigns, at the completion of site restoration.

5. Any interest earned during the term of escrow, less administrative expenses,. shall be disbursed to Developer at close of escrow · unless necessary for County to utilize in cure of developer's default.

6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer 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

2 35

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:

si~n nameg-{~ print name;D~✓- r ::r ,@&fl«'& c1


By: _________ _ Deputy Clerk

WILD TURKEY ESTATES OF VERO, L.L.C .. a Florida limited liability company


By: ____________ _ Bob Solari, Chairman

BCC approved:. ____ _

(SEAL)

APPROVED AS TO FORM AND LEGAL SUFFICIE :Y:

3 36

/

DUANE PANKRATZ, D.V.M. MS. 44130- 219TffST .. PH. 605-925-7611

FREEMAN, SD 57029

.\

78-228/914 7 0 8 9 .

DATR ,3..,;...'.J f-,- / I

$~-,G?<o'?·t, . ' '---f-"-°"'<,,.."--'--""-""'-"-"-""""'c.µ,------~-J t~·=-y~~=~• ! -',;ac.#.JCL:;,L:_!.C.C.L.c.f!-C'-""""1'"'-'4,:u_4'SC""'.!'""'--~"'• -""'=J._e,J'l.J-c'{..~~!L- DOLL~RS 6J !:i.a"::." l

. I • . -~-. \

37

Office of the

INDIAN RIVER COUNTY ADMINISTRATOR

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

TO:

FROM:

DATE:

MEMORANDUM


Joseph A. Baird County Administrator

March 10, 2011

SUBJECT: Authorization to Attend Florida Government Finance Officers Association Annual Conference 2011

The County Administrator is requesting authorization to attend the 2011 FGFOA Annual Conference, Boca Raton, Florida, June 26 - 29, 2011.

Funding has been approved in account 00120112.

APPROVED AGENDA ITEM Indian River Co AplJl'0'1'!'d Date

Administrator \.( '-<) 3)/1/// a .

38

As presidentofthe Florida Government Fihiiitt' Officer~.}tM:f: J,\~!ip~i~tI<;iJrnt•%p~Jd Hke to extend to you a personal ·· .. > · iJVitai:ion to ~tt~~Hour 2011 Annual Conference June 26-29 at the Boca Raton Resort and Club, Boca Raton, · Florida.

The FGFOA's mission is to be your professional source for education, networking, leadership and information. We hope that you will learn, participate and network at this year's conference. Our theme this year is "I'-111,frf\-rk. rJn th,e, 1{e,v.l 1{rJr111,f\-l."

An energetic Host Committee has planned several great events for your networking opportunities, including Association Night with entertaining contests and surprises. Tuesday Night will offer an exciting evening of food and fun for the whole family at Boomers in Boca Raton. The Program Committee has worked diligently to provide a quality program of timely topics and engaging speakers to assist local government finance officers during these fiscally challenging times. We hope that there are new ideas exchanged and that you benefit from the various networking opportunities.

Please register early! Your attendance is what makes the FGFOA's conference a tremendous success.

With warm regards,

Je!frei; f(.. :5111,itfi.

Jeffrey R. Smith President

2011 FGFOA Annual Conference Registration Form Return completed form with registration fees to: FGFOA Annual Conference, c/o Florida League of Cities, P.O. Box 1757, Tallahassee, FL 3230_2. Make checks payable to FGFOA Annual Conference. Please type or print information requested. Complete a separate form for each registrant. Advance registration will not be processed without payment. MasterCard and Visa credit cards are accepted and can be faxed to (850) 222-3806. This form is for conference registration only and not for hotel reservations. Online registration also is available at www.fgfoa.org. Please do not send in this form if you are registering online.

Please type or print clearly.

Full Name: ____________________ First Name or Nickname=--~-------(As you wish it to appear on your badge)

Title:. ___________________ Affiliation: ________________ _

{City, County or Company, etc.)

Mailing Address: ___________________________________ _

City: _________________________ State: ____ Zip: _______ _

Work Phone: __________________ Fax: _________________ _

E-mail Address: ____________________________________ _

Current Certification (i.e., CPA, CGFO): ______________ First-Time !\ttendee?: • Yes_ • No Office Contact Person: Phone: _____________ _

Method of Payment: D Check /payab/etoFGFOAAnnua/Conference) • Visa • MasterCard

Credit Card Number: _______________________ Expiration Date: ____ _

Card Holder's Name: Card Holder's Signature: __________ _

Billing Address for Credit Card /ifdlfferentfromabove):. _______ ~-----------------

City: _________________________ State: ____ Zip: _______ _

PAYMENT AND CLASS ROSTER (REVERSE SIDE) MUST ACCOMPANY EACH REGISTRATION Early Fee Regular Fee Fee Paid

By 5/23/2011 After 5/23/2011

Registration Type (Please check only one)

FGFOA Active Member $ 200.00 $ 240.00

FGFOA Associate Member $ 260.00 $ 300.00

FGFOA Non-Member $ 320.00 $ 360.00

Corporate/Exhibitor $ 225.00 $ 265.00

Ethics Seminar $ 55.00 $ 65.00

Pre-Conference Seminar

FGFOA Active Member $ 90.00 $ 130.00

FGFOA Associate Member $ 130.00 $ 170.00

FGFOA Non-Member $ 165.00 $ 205.00

Other Fees and Guest Tickets

Guest Association NightTickets $ 30.00 $ 40.00

Adult GuestTuesday Night EventTicket $ 40.00 $ 50.00

Children ages 3-12 $ 25.00 $ 35.00

Teens ages 13-18 $ 30.00 $ 40.00

Go/fTournament $ 90.00 $ 90.00 (You must be prewregistered in order to play in the Golf Tournament.)

Pairing Preference: ________________________ _

Total Amount Due: _____ _

23

Special Needs: If you are physically challenged and require special services, or if you have special dietary needs, please attach a written description to your advance registration form.

Cancellations: Must be received and confirmed in writing by 5:00 p.m., Monday, May 23, 2011, to entitle registrant to a refund of registration fees, less a $40.00 administrative fee.

Office Use Only Payment Received __ _ Check# _____ _ Date Received ___ _ Amount _____ _

40

2011 FGFOA Annual Conference Course & Event Selection Form Please indicate your preferred concurrent session for each time slot.by placing an "X" before the program title. (Please select only one course per time slot.) Please also indicate your attendance atthe social functions, i.e. Association Night and the Tuesday Night Event.

Saturday, June 25, 2011

8:00 a.m. - 4:40 p.m. Investment Pre-Conference

Seminar (separate registration required) (6 Hrs - TB; 2 Hrs -AA]

Sunday, June 26, 2011

1 :00 p.m. - 2:40 p.m. __ GASB Update (2 Hrs-AA)

__ Cutting Edge: Opening and

Managing a Health Clinic for Your

Employees (2 Hrs - TB)

3:00 p.m. -4:40 p.m. __ GASB Hot Topics (2 Hrs- AA)

__ Anatomy of a L_eader (2 Hrs - BEH)

__ Emerging Electronic Payment

Options and PC! DSS Compliance

Requirements (2 Hrs - TB)

6:00 p.m. - 7:30 p.m. __ Association Night Reception

Monday, June 27, 2011

8:00 a.m. - 8:30 a.m. First-Time Attendees'

Orientation Session

9:00 a.m. - 10:00 a.m. __ Opening General Session (1 Hr-TB)

10:20 a.m. - 12:00 p.m. __ Financial Management Self

Assessment - Best Practices (2 Hrs-AA)

Who's on First? Personnel Cost

Reduction Strategies (2 Hrs - TB)

The "Trickle-down Effect": How

Policy in Washington and the

Federal Reserve Is Impacting the Southeast Region of the United

States (2 Hrs - TB)

__ Managing Your Government's Tax

Rolls - Yes You Can! (2 Hrs - TB)

1 :30 p.m. - 3:1 o p.m. __ Effectively Coordinating the Red

Book and Yellow Book (2 Hrs - AA)

__ Strategic Planning - Funding

Your Goals, Targeting Your Funds

(2 Hrs - TB)

24

__ How to Effectively Redesign

Benefit Plans to Balance Your

Budget Constraints and Your

Employees' Needs (2 Hrs - TB)

__ Public Finance Update - Macro View

of the Debt Markets (2 Hrs- TB)

3:30 p.m. - 5:10 p.m. __ GASB 54 Fund Balance (2 Hrs - AA)

__ Long-Term Financial Planning -

Enough About Now - What About

Later? (2 Hrs - TB)

"The "New Normal": A Look at the Current Trends in the Florida

Economy and an In-Depth Review

of the Florida Real Estate Market (2 Hrs - TB)

__ Public Finance Update- Micro View

of the Debt Markets (2 Hrs-TB)

Tuesday, June 28, 2011

8:00 a.m. - 9:40 a.m. IT Controls to Prevent Fraud

(2 Hrs-AA)

__ Update on GFOA Budget Award

(2 Hrs-TB)

__ Leveraging Technology (2 Hrs - TB)

Panel Discussion on the Implementation ofDeferred

Compensation Plans (2 Hrs - TB)

__ lnvestmentTracking and

Reporting Today (2 Hrs-TB)

10:00 a.m. -11 :40 a.m. __ Pension Accounting Update

(2 Hrs-AA)

__ Grants - How to Prepare for a

Single Audit (2 Hrs -AA)

__ Innovative Ideas in Budgeting

(2 Hrs - TB)

__ Leadership: Passing the Torch!

Tools to Help Guide and Sustain

Organizations (2 Hrs - BEH)

__ Update on Federal Laws and SEC

Regulations Impacting Local

Government Debt and Investment . Practices (2 Hrs - TB)

11 :45 a.m. - 2:00 p.m. Luncheon and Annual Business

Meeting (Active Members Only)

2:00 p.m. - 2:50 p.m. __ Indirect Cost Plans (1 Hr-AA)

__ Do's and Don'ts in Managing

Broker/Dealer Relationships

(1 Hr- TB)

__ TRIM Update (1 Hr-TB)

__ To Buy Insurance or Not to Buy Insurance - That Is the Question!

(1 Hr-TB)

__ HotTopics in Local Government

Collections (1 Hr-TB)

3:10 p.m. -4:50 p.m. __ Local Accountability Update

(2 Hrs -AA)

__ A Super-Bowl-Caliber Playbook for

Collective Bargaining Negotiations (2 Hrs- TB)

__ Creating and Communicating an Effective Capital Improvement

Plan (2 Hrs-TB)

For Better or for Worse - Health

Care Reform's Impact on Local

Government Employers (2 Hrs - TB)

What's in Your Portfolio? -

Investment Strategies for 2011

(2 Hrs - TB)

6:00 p.m. - 10:30 p.m. __ Tuesday Night Event

Wednesday, June 29, 2011

8:00 a.m. - 11 :40 a.m. __ Ethics (4 Hrs- Ethics)

8:00 a.m. - 9:40 a.m. Financial Controls to Prevent

Fraud (2 Hrs - AA)

__ Calling All Hands-The Role of

Finance in Analyzing lnterlocal Agreements (2 Hrs - TB)

What in the World Are Florida

Statutes Chapters 175 and 185? (2 Hrs - TB)

10:00 a.m. - 11 :40 a.m. __ Procurement Spend Optimization

(2 Hrs-TB)

__ Legislative Update (2 Hrs - TB)

__ Today's Treasury Practitioner

(2 Hrs - TB)

41

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

Joseph A Baird, County Administrator

Christopher R. Mora, P.E., Public Works Director ~ AND af''}J'./ Christopher J. Kafer, Jr., P.E, County Engine~

Thomas J. Croonquist, P.S.M., County Surveyor ~t-

Final Approval for Recording Old Dixie Highway Right-of-Way Map, from 69th Street through CR510 to US No. 1

March 9, 2011 CONSENT AGENDA

DESCRIPTION AND CONDITIONS

On August 18, 2009, the- Indian River County Board of County Commissioners approved Work Order No. 22 with Carter Associates, Inc. to perform survey services to accurately define the existing County Right-of-Way along Old Dixie Highway from 69th Street (North Winter Beach Road) through CR 510 (Wabasso Road) to US No. 1 for a lump sum fee of $37,500.00.

The Public Works Department is actively updating surveys and maps of various County Right-ofWays. These maps may be directly related to current or future Capital Improvement projects, or used to define poorly documented and/or problematic corridors.

These surveys are performed under the direction of the County Engineer and County Surveyor. The projects include field surveys as well as researching and confirming all available documents, deeds and maps of record and other information available within the County repository. The Right-of-Way map for Old Dixie Highway from 69th Street (North Winter Beach Road) through CR 510 (Wabasso Road) to US No. 1 is hereby presented for the Board of County Commissioners' approval. The Right-of-Way map has been reviewed and approved by the County Surveyor and County Attorney.

Once the Board of County Commissioners approves the Right-of-Way map, the map will be recorded in the Public Records of Indian River County, formally recognizing the limits of the County Right-of-Way. Public recording makes the information readily accessible to the public and further enhances Title Search capabilities, as well as research, design, planning and surveying applications along the corridor.

Additionally, the survey will be incorporated into the County Property Appraisers GIS Parcel Mapping database, which has proven to be beneficial in advancing the accuracy of the GIS parcel and related mapping products.

Utilizing Secondary Roads Gas Tax funds, the survey was completed by Carter Associates, Inc. at a cost of $37,500.00.

The cost for filing and recording the map will be approximately $565.00.

Attached please find a minimized version of the Right-of-Way map completed by Carter Associates, Inc. If the need arises for the Board of County Commissioners to further review the map, an electronic version will be supplied prior to the scheduled Consent Agenda.

f:\public works\engineering division projects\0934-dixie hwy_69th st to cr510 row map proj (carter)\survey\work orders\agenda\11-03-09 old dixie 0934 rwm recording\11-09-09 bee agenda req app. row map approval old dixie.doc

42

Page Two Final Approval for Recording Old Dixie Highway Right-of-Way Map For BCC Agenda 03-22-11

RECOMMENDATION AND FUNDING

Staff recommends approval of the Right-of-Way map for Old Dixie Highway from 69th Street (North Winter Beach Road) through CR 510 (Wabasso Road) to US No. 1, for recording and requests the Board of County Commissioners to authorize the Chairman to approve and sign the map accordingly.

Funding is available from Secondary Roads Gas Tax Account No. 10921441-033490- Contractual Services in the amount of $565.00.

ATTACHMENTS

1. Minimized version of Right-of-Way map

DISTRIBUTION

1. Alan S. Polackwich, Sr., County Attorney 2. William K. Debraal, Deputy County Attorney 3. David Silon, P.S.M., C.F.M., Assistant County Surveyor

APPROVED AGENDA ITEM

Indian River Coun

Administration

Bud et

Le al

Public Works

Engineering

3-10-11

'$-1,-11

f:\public works\engineering division projects\0934-dixie hwy_69th st to crSlO row map proj (carter)\survey\work orders\agenda\11-03-09 old dixie 0934 rwm recording\11-09-09 bee agenda req app. row map approval old dixie.doc

43

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IALUAS J. WI, WMif SIRW:RM )rJlj IWMJt. P.s:D: !IONJ.IURE DXIE

IND/AN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

RIGHT OF WAY MAP- OLD DIXIE HIGHWAY 69th STREET TO U.S. 1

Lying In part of Seel.ions 28, 33 and 34, Township 31 South.Range 39 East, and lying in part of Sections 3 end 4, Township 32 South, Range 39 East,

Indian Rlv9r Counfy, Florida. LENGTH: ±2.4mi/es County Project; 0934

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CO'otft, CERllflCAllON It DEDICATION GENERAL NOlES, HORIZONTAL &; '£RTICAL CONTROL NOlES, LEGEND l<EY SHEET, CURVE ANO LINE TABLE

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RIGHT OF WAY MAP - OLD DIXIE HIGHWAY ..... ...

69th STREET TO U.S. 1

Lying in palf of Sections 28, 33 and 34, Township 31 South.Range 39 East, and

Lying in part of Sections 3 and 4, Township 32 South, Range 39 East,

Indian Fllver County, Aorida.

9/ffleDQC A 'flN POSlK'tWffl SXSlEH C9P31 HOVS:

1, C.P.S. SURI/EV METHOD: REAL TME t<INEMATIC (RlK}

t ~s. c:.~~~ mnl~~R~w~:.:.:'f~~~ ~ :r~(L~ ON SEPTEMBER 15. 2009. TWO LEICI+. DUAL FREQUENCY OPS RECEl',£RS EQIJIPP£0 VlllH RT-Sl(I {REAL TIME MEASUREMENT CAPABILITIES} WERE USED TO GATHER CPS DATA. TYPICALLY A BASE RECEMR IS SET UP ON AN ESTABLISHED CONlRCl. STA1JON VIHII.E A ROIANC RECEIVER LOCA'IES EXISlJNG r.tONUMDfTS, IMPROVEMENTS AND/OR TOPOCll:APHIC DATA AND CONTROL THROOGHOUT THE PRO.ECT AREA. REAL-TIWE COORDINAlE COMPUTATIONS AND PRECISION INFORMATION ARE DETERMINED VIA RM>IOft,IODEM \.HC YlllH 1HE BASE STATION AN) RECORDED AS THREE DIMENSIONAL (XI} POSITIONS. 4. C.P,S. SURVEY MEASUREMENTS VERE PROCESSED AND ADJJSTED USINC LECA CEO OfflCE. "1:RSION 7,0 5. lHE HORIZONTAL TARGET ACCURACY FOR THIS SURVEY IS AS FOi.LOWS: HORIZONTAL: 10MM + 1PPM {RMS), \£RllCAL: 20MM + 1PPM (RMS).

OPS CXlfiftR PAHI srrotGt V6JHlt

PRIMARY GPS COHlROL POINT REFERENCE (SOOlli} STAlE/COUNTY - Fl/lNOIAN RIVER uses 0(.JAI) - 'otRO BEACH (111113) DESIGNATION - GPS 1020 HAD 83 (2007) 27'43'09.58• (N) ll0'25'15.01• (W) ELEVAllON: 10.52 FEET (H.A.V,O, 1988XPUBUSHED) COORDINATES: H. 1231002.79, E. 843541,54 (OBSEJM::D) COORDINATES: N. 1231002.78, E. 843541.411 (PUBUSHED 8Y NATIONAL 0£00ETIC SUR"YEY IN FEBRUARY OF 2007), DESCRIPTl<:lff! CONCRETE MONUMENT WITH 3• DIAMElER ALUMINUM DISK LOCAlEO 34.2 FEET NORTHEASTERLY Of THE APPROXIMATE CENTERL.M: Of THE NORTHBOUND LANES OF U.S. HIGHWAY 1. ABOUT 20.0 FEET NORTH Of THE APPROXIMATE CENTERLINE Of COUNTY ROAD 505 (119TH STREE1) AND 13.0 FEET SOUTHEASlERLY Of PO'IIER POLE NO, V10 1111 SPSK 110 4 45.

PRIMARY GPS CONTROL POINT REFERENCE (NORTH) STATE/COUNTY - FL/INDIAN R1'£R USOS QUAD - '£RO BEACH (11183) DESIGNATION - GPS 311 NAO 83 (2007) 2T46'20.52" (N) 8D'211'14.83" (W) ELEVATIM 7.81 FEET (N.A.V.D. 11188} COORDINATES: N. 1244304.58, E. 838122.23 (08SER',£0) COOROINAlES: N. 1244304.511, E. 838122.20 (PUBUSHED BY NATIONAL GEODETIC SUR"YEY IN FEBRUARY Of 2007). OESCRIPTION: CONCRETE MONUMENT WITH 3" DIAMETER ALUMINUM DISK LOCATED IN U.S. HIGHWAY 1 GRASS MEDIAN EAST OF THE WABASSO SCHOOi. FOR EXCEPTIONAL CHILDREN, ABOUT 127.0 FEET SOUTHEASTERLY OF THE SOUTH END Of lHE U.S. HIGHWAY 1 MEDIAN CUT, ABOUT 8.4 FEET £AST U THE EAST EDGE Of THE PAVEMENT CF THE SOUTHBOUND LANES Of U.S. HIGHWAY 1, ABOUT 7.11 FEET 'flEST Of THE 'l'IEST EDGE Of THE PA\£MENT OF THE NORTHBOUND LANES OF U.S. H18HWAY 1 AHD' 2.7 FEET NORTH'l'IEST Of A CARSONlTE 'MlNESS POST.

SECONDARY .GPS CONTROL POINT REFERfNCE DESIGNATION - CARTER BASE 29 STA1E/COUN1Y.,.. Fl/lNDIAN RIVER uses QUAD - VERO BEACH (11183) NAO 83 (1111111) 27'38'23.114471• (N) 80'2-4'10.08008" (W}

~=HEl:r~ w~~J11211>

DESCRlPllON: CARTER ASSOC., INC. REFERENCE STATION, 1708 21ST STREET. 'vtRO BEACH, FLORIDA.

,wmn MDES 6M) IIPOID

1. THIS SPECIFIC PlJRPOSE SURVEY WAS PERF'ORMEO TO ESTABLISH A BASEUNE FOR a.D DIXIE HIGHWAY / COUNTY ROAO 1105 AND RECORD 1}f£ EXISTING 'MOTH INFORMATION AS A "RIGHT Of WAY MAP" FOR INDIAN RIVER COUHTY, FLORIDA.

2. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL Of A FLORIDA LICENSED SURl£YOR ANO MAPPER lHlS ORA'MNO. SKETCH. PLAT OR MAP IS FOR INFORMATIONAL PURPOSES Otl.Y ANO IS NOT VALID.

3. LANDS SHOWN HEREON WERE NOT ABSTRAClED OR RESEARCHED BY lHIS omcE FOR RESERVATIONS, ABANOONMENlS,. OEEO RESTRICTIONS, ZONING REQAATIONS OR SElBACK LINES, LAND USE Pl.AH DESIGNATION OR MURPHY ACT DfJ:l>S. ntlS SUR-.£Y IS MOT INTENDED TO OEUNEATE WETLANDS. LOCAL AREAS OF CONCERN OR mt ona .-JRISDICTIONAL OETERMINAllON. <>'ANERSHP ANO ENCUMBRANCE REPORT FOR EACH ADJACENT PARCEi. v,AS FURNJSHm BY IN~ Rl'vtR COUNTY lHROUGH ATI.AHTIC COASTAL TITI.E CORPORATION. .

4. NO FOONDATIOMS OR UMDERGROUNO INSTALLATIONS HAVE BEEN FIELD LOCATED PER THIS SPECIFIC PURPOSE SUR~.

5. COORDINATE VALUES ANO 8EAR1NGS ARE BASED ON THE NORlH .WERICAN DATUM OF -11183. AO.AJSTMENT OF 1111111, FLORllA STATE PLANE COOROINATES FOR THE EAST ZONE (901). 11-tE BASEUNE Of a.D DIXIE HIGHWAY, BEARS NORTH 15'21'51" WEST. ALL OTHER BEARINGS SHO'AN ARE RELATIVE THERETO.

8. THE RIGHT OF WAY ROUTE BASELINE OF OLD DIXIE HIGHWAY \IIERE FIELD ESTABLISHED AND COMPLETED ON SEPTEMBER 15. 2009.

7- nus SPECIFIC PURPOSE SUR-.£Y CONSIS'JS OF 22 SHEETS AND ONE IS NOT VALID 'MlHOUT THE OlHER.

CJ'1

LENGTH: ± 2.4 mile1s County Project: 0934

I -

_.. ____ _ 87'SS 9£ SI/BYD';

lHJS RIGHT Of WAY MAP IS BASED ON A 1:JELD SUR-.£Y PERFORMED ON SEPTEMB.ER 14, 2009 AND IS lHE DEIJNEATION OF 1HE RIGHT OF WAY LINES AND TRUS1EES OF THE INTERNAL IMPROVEMENT FUND RESERVATIONS AND RELEASES AS IDENTIFIED IN THE -nru SEARCH REPORT" ISSUED BY AlLANTJC COASTAL 1111.E CORPqRATION THROUGH AUGUST 18 OF 2009, THE INFORMATION SHO'AN AS 1HE PARCEL IDENTIFICATION, OWNERS AN[:) RECORDED INFORMATION IN THIS RtGHT U WAY MAP \11£RE OBTAINED FROM SAID "O'ANERSHIP AND ENCUMBRANCE REPORTS".

BflIBfNa:&

STAlE Of FLORIDA, STAlE ROAD DEPARTMENT, RIGHT OF WAY MAP SECTION NO. 88010-2208, ROAD NO. S. INDIAN RIVER COUNTY. FlORIDA EAST COAST RAILWAY RIGHT OF WAY AND TRACK MAP, NORlttERN DIVISION FLAGLER SYSlEM (1927)

,wDQI/S Bfo/2!30 S'80MSKII Pl 6I5 fASI :Yf! lfSJ ti CN9 BPIVWAY SlJ8DMSla.. Pt.AT BOOK 4. PA« 59, ST. LUCIE 00UITT', fl.CftOA ttOBART ESTATES UNT N0.1, PLAT BOOK a,. PACE 20,. IIOIAN RIVER COUNTY, FLORIDA PLAT' CK RED STICK GOLF ewe, PO, Pt.AT BOOK 18. PAQE 41, 41A - 41C. 1ND1AN RNER coutm', fl.CftOA REPLAT UNIT N0.1 WABASSO MANOR ADOITION, PLAT BOOK 8. PACE 15, INOIAN RIVER COUNTY. FI.ORIOA GRA\£5 ADOl110N TO WABASSO. FU., Pt.AT BOOK 2, PACE 41, INOIAN RIVER COUNTY. FLORIDA WABASSO TCURIST CCIURT, PLAT BOOK 2, PACE 72, INDIAN RI\Ut COUNTY, FI.ORIOA WEOHA PARK. Pt.AT BOOK 2, P~ '17, INDIAN RIWR C0UN1Y, fl.CftOA

CARTER ASSPtlATES. INC. FIELD BOOI< 750. PAGES 1-12

AIMM\'TIONS/S'n,190LS: F.0.0.T. ., FI.Qll)A 11£PAA'!MtNT Cf" 'IRAHSPOllT,.'IKIH PL .. PROP£RTY UNE WT.COit ~ W.TNESS C(lftNER FNO, FD • r0I.MI ST,. .. ST,.TKN Pl • P~NT Cf" INTERSEC!la4 IP · • IRON PIPE R/C ~ REBAR WITN PI.ASTIC,Cl,P • ~~AYE;'lER ftRSPK ~ RAlUIOliD SPIKE ft.0.'jl;, R/W - RICHT-oF-WAY ID. • IOENTIFlc.\TION O.P.S. • GLDBAL POSITIOHINO S'ISTEM

!~l =~~ (C) " c.\l.CULIITEO ~EMT (0) " OOSOl\m IIEASUREliENT (R) " ftECOAD DR PUIIU!ll:l D,\T,. -.... , D.l'!.11., PG. ,.. !.It.CO., FL

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• CONCRt'IE MONUMENT -m= • 1RUSTttS t7 'Ill[ INlERNAL llilf'RO\Ojffll ll!UST flA'fll 'l' PLAT BOOK, PACE

" l'MCEL HUIIBEII DESIGNAllON • SET "P-K" HAR. WITN TAIi STNHD ""IRAV. LB.200" • SET 1/t'Xle" tf£8M/CW" STMIPED "Tl!AV, LB,205" " RUID "P-tl" HNI. MO l!EN1FICA'llCN ~ SPECAL WARRANIY l)[[tl

• STAlt ROAO DEPMlMENT -•= " UMITEO AOCE$$ EASOIENT '" f'(IINT Cf" IIO£RSE CUAVATUftE • l'(IINT IKTERSEC110N '" P<IIHT OF CURVATURE ,. l'QINT OF TANCDICY --- STAlE ROIID ,. WMISIMP --- --TANGIDIT _...,., • lHDIAN Rl'otll t:OIJN1V, FUIR!O,.

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" EDCE Cf" PA',BENT • Fl.DRIOA £AST COAST RAIi.ROAD RIGHT-OF-WAY " CO'i£11tMNT LOT ---: ~sm""f.1siW&NTY """ " UMlffll U/JIUTY CORPCIRATION "IIAQ£TIC " NDRTN AMERICAN DATUl,I • NORTN NilERICAN \OTICAL DATUl,I " NATIONAL GEODalC 'otRTICAI. 0...TUM " PARKER KA'l'Utl •PRClfESSKlfAI.~-~ • CENTER LINE " COUNTY ROAO " CIIDRD KAIIING ---__ , -=

•NEWJUG!iTCf"WAYOF~,.vr.

• IIQIT OF' WAY OF SIDE SlREETS

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• 1/4 SECll0N LINE

•l/18KCl!ONUN£

" PAST RICHT Cf" WAY

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•~ .. ElOSlllfG STteolW"'1tll C,\'f01 11.\S!N ~A .. ftECOAD DE[D OF ltlGHT OF .,.y PMPAftEO BY FRANK CIJCO.RSE. P,S.M..

fLCRIOA RECISTRAllON No. 4785 CNmR ASSoaATES, INC. lB 205

w O..TE , ocrce~,... PRCU.J '°""19 DMWIUY: f51':i!l(Q APPO. ev ' fAANI< a. COC(:URESE PLOT9Y ,e..._y,._., fJLEl</IME,0911~ --· F.U.~!'!',_.!_~

GAi ::-.:- CARlER ASSOCIA lES, INC. II SHEET 11 CONSUL 11NC ENGINEERS AND LAND SURVEYORS 20F22 ttu im, ~\t_~ET, WRO 'f~CH(n'1°> ~t!.tao -..--• _.m-•--•• --• --• ••---••• •- • ~.,, .. ,..,,

m

9-32-39

BEGIN PROJECT STA. 100+00


RIGHT OF WAY MAP - OLD DIXIE HIGHWAY 69th STREET TO U.S. 1

Lying in part of Sections 28, 33 and 34; Township 31 Soulh,Range 39 Eas( and

Lying fn part of Sections 3 and 4, Township 32 South, Rangs 39 East

Indian River County, Florida.

~ 04-32-39

LENGTH: ±2.4miles

County Project: 0934

~I~ '" '" ~ -f,I)~

i ~

33-31-39

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

END PROJECT STA: 225+51.12

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34-31-39

KEY MAP '"'"'"'''"

m - W Mtt ~roo~= PROJ,J ON'1S llR.'WNIIYfSCl!lLC APPD.BV ""'""'S.CIX'CURllSE PLOTIIY Bod<yF!LErw.lE o,:io1l ...

=·• F.B,&PO. 7S0,1,!!_

27-31-39

PR&'ARED BY fRANIC CllCCURES£. P,S.M.. Fl.ORIDA RECISTR,\.TIOH No. 4785

CAR1ER ASSOQATES, INC. LB 205

8AI 2:'.::- CARTER ASSDCIA TES, INC. II SHEET I CONSULllNO ENOINE£ftS AND LAND SU~ 30F22

lEL; l?m ~~s:fET, 'f£RO f.4°l1"1·, ~-:.c'11ao - • - ., ::•m • ~ -•-•- • •.::,-=, •--••-.=-•-,::, ~ta, .. 10.e

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N.E. 1/4 OF N.W. ¼:_

70-32-39

mm~ =-.: .. "':':.-- -·-'l.niiir

S.E. 1/4 OF s.w. 1/4 3-J2-J9

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RIGHT OF WAY MAP - OLD DIXIE HIGHWAY 69111 STREET TO U.S. 1

Lying fn part of Sec/ions 28, 33 and 34, Township 31 Sou/h,Range 39 East, and lying in part of Sections 3 and 4, Township 32 South, Range 39 £:ast,

Indian River County, Florida. LENGTH: :J: 2.4 miles


FLORIDA EAST COAST I/AILW-4 Y

-

¼r~a,-...._ ~11:,.,,.,Q,-

·~ ,l..-3i..J~S;111,,,,., ... ,., ~11civ:r.!Aa,-

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-FLORIDA EAST COAST RAILWAY

·BL. 9./,_D DIXIE" Hl(i{;(WA Y

·BL. OLD O/X/E HIGHWAY - -S.£. 1/4 OF

s.w. ¼ J--~2-39

N.£. 1/4 OF s. W. 1/4

J-J2-39

-

E SHEET 2 t'Olt M1911a1A110MS ANO L£OEND

H -

CURVE TABLE RADIUS DELTA

4956.82' 3" . 5627.0 ' 4'00'20·

954.28' 10"28'34.

-

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i -- = i.

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- -....... T&iji,

" i1 f ii

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CHORD BEARING DISTANCE_ N17 ·w 344.17' N ·01·w 393. o· N20'37'43• 539.42'

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;,.!/1 ,,., ~~:s.11: '/•

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PREPARED BY FRANK OJCQJRESE, P,S.M., FLORl)A RECIS1RA110N No. 478$

c,t,RTER ASSOQA'IES, INC. lB 205 ~,. ~¾,,,~~~

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0/.D DIX/£: HIGHWAY - 69TH STRl!:U THROUGH C.R.510 711 S.R. N0.5 / U.S. HIGHWAY N0.1 llll Bffl5100 IWW ~f ~:~, CAI ::-.:- CARlER ASSOCIA lES, INC. II SHEET 11 CONSULTJ,1O ENGINEERS AND LAND SURVEYORS

m: l?f:, t~-:mF· VERO fJ:CH(nf}, ~':.°nao - -- - -.. .,_. ----. ·- ------ -40F22 ~--""''""

-.J

N,£. 1/4 or

s. w, 1/4 J-J2-,J9

.,,,..


RIGHT OF WAY MAP -OLD DIXIE HIGHWAY 69111 smm-ro us. 1

lying fn part of Sections 28, 33 and 34, 7awns&p 31 South.Range 39 €a.st, and lying fn parl of Ssctions 3 and 4, rovmsnrp 32 South, RfllWS 39 East,

l.ridianRirweounty, Ronda.

...... ,_,_

11.r~~. 4<-

·~ $,!t ,,.,,, ......., ""- LENGTH: 3:2.4mi!es C(}(l()ty Project: IJ934

~ - ij ---N.W. 1/4

OF s.w. 1/4 3-J2-3g

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,_,, • ·-=> '™~ -~, ~r~- f 1-, tt - I~ ' w - ,_ BL. OLD DJ!,!£ H/GHWAJ:. -·-··...w .......

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Tt-------------------------;,LiiO'iiiR/OA £AST COAST RAILWAY ·, A-•--._....._ _________ _ f il ;i; ;ii ,l'l

00

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OlO DIX/c HIGHWAY - 89TH smm THIIOIIGH C.R.510 11) S.R. N0.5 L u.s. HIGHWAY NO.I ~

l Bk,. OLD DIX/£ J;f.!GHWA Y _

' ·'--'· ----N.W. 1/4

3-32-39

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F is

GAi t!"..":"" CARTER ASSOCJA TES, INC. If SHEET 1, CONSU1,1JNo ENotN£ERs AND LAND ~ ... -

Pfte>~ BYRE~,-~S.K, CAAtEft liSSOaATB, INC. LS 20:5

'70a 21at SlREtT, \'ERO BEACH, ,Z. 32NO ttl: (112) et~tat F~ {n.2) s,2,..71,90 oUF22 ~-----·---~......... __ --~~-- ~,

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1/1 J-32-JSI

- - "';"

!NO/AN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

RIGHT OF WAY MAP· OLD DIXIE HIGHWAY 69tl!STRE£rrou.s, 1

l}'i(lg in {JBrt ofSectkms 28, 33 and 34, Tl'Jmt$h(a 31 &u!h,Rsnge SfJ &st and lytng in paJt of Sections 3 amt 4, Toimsfl/p 32 South, Rang9 39 East,

Indian RiverCormty, Florida. lENGTH: ±24mlks

Cmm/yPn,j,cf,- """

I >AST RAILWAY

- -

•= m::-· ~

FLORIDA /':AST COAST RAIL WAY

t4BL~ ?LD f/¥1£ Hl~HWA,X. ·-·---SE. 1/4

33-J?-39

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OLD.,.RIX/£ H!GHW Y ·---

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S.£ 1/4 OF S.W.

1/4 . J3-31-J9

OW DIXIE HIGHWAY - 69TH S11ftET THROIJ(;H C.R.510 70 SR. N0.5 / U.S HIGHWAY NO. I WZi. c.o

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CAI ::-r CARTER Assoc1ATEs, wc. /1 SHEET COHSAJL~"" .................... _ 1

6 OF

22 17-08 /ltat STREET, \'ERO 1!£ACH. FL .ffilllQ lEl.: (na, m2-.,.,01 !~ cna> 5e.t-nll!IO

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RIGHT OF WAY MAP· OLD D!XIEH!GHWAY 69th STREET ro U.S. 1

lying in part Of Sections 28, 33 and J-1, TOWflShip 31 So/JIIIJ?.:mge 3tJ l!.ast, amt

Lying in part of Sections 3@d 4, Townstiip 32 South, Range 39 East, Inc/km Rlvsr Cotmty, Ffomta.

lENGTH: ± 2.4 fl/Hes

"-'YPmfect.- -

~,-:t~~J:-~-s.w. 1/4 OF N.£.

T/4 33-31-39

-7'[()/l)[)A -.EAST COAST RAILWAY

BL.,.OLO DIXIE JJ!GHWA Y _

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-........ - ........

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0 clllllll1!I:

Stt SHttr 2 FOIi: ~1IONS N«J ~

ffi &WW• ttJf~ ~:_ f'A£PAAED BY l'rwtc ~ P.aN., ,.~ RtlU1R4DON No. 479$ -·"" ASsoa,tlQ, fffC. L8 :zoo

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OLD DIXIE HIGHWAY

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~~.


RIGHT OF WAY MAP- OLD DIXIE HIGHWAY 69th STREET TO US. 1

lying in part ufSectlons 28, 33 and 34, Township 31 Soulh,Range 39 East, and

Lying in part of Sections 3 and 4, Township 32 Scu/h, Range 39 East,

Indian RivGr County, F/crida.

LENGTH: ± 2.4 ml1es County Project: 0934

I CUIM I "'"" I C4 1101 50' =

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

-n-·•e,i • - -• •

CURI/£ TABL£ I 2m 2r I 2:,.-..,·;w I N1:rw·,rw / ua ~ RADIUS DELTA CHORD BEARING DISTANCE

WAY LINE OF'

~

A~oijj ~~f/l; .• HIGHWAY NO., ~~

, l' ~-.,""'~, ":::::,w., , 10$' R!GHT-Of'-11',\y •• ,,,.. /,

1_ STA1£ QF 11.Mri)" $1,1.1£ ~ 00-"'!_fllENT

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SEE SHEET Z f0R ASBR£VIA110NS NI) LE«,«)

69TH STRE£T THROUGH C.R.510 !" S.R. N0.5 / U.S. HIGHWAY N0.1 111 Bfy!SIPN U] ~~ ~;~,

PREP:rftE'=A~~.S.M., ~ ASSOQAltS. INC. L8 205

GAi c-.:- CARTER ASSOCIATES, INC. II SHEET I CONSULTING ENCINEERS AND LAND SURVEYORS

'IE.: ~::, ~~-:;:r1. VERO ~77'1') ~!_0711KI ,-- - ---- ----~-- -

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.

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~:::: ~ 1tai11 t11r or ,~l:.f.• '-1ar-t<\11 utoriu--.-

OLD DIXIE HIGHWAY - FROM 69TH STREET TO S.R. N0.5 / U.S. /1J(J!!Jf_A Y N0.1 RIGHT OF WAY MAP

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RIGHT OF WAY MAP - OLD DIXIE HIGHWAY 69th STREfI TO U.S. 1

Lying in part of Seclkms 28, 33 and 34, Township 31 Sculh,Range 39 Easl and

Lying In part of Secfions 3 and 4, Township 32 South, Range 39 East, Indian River County, Florida.

LENGTH: i: 2.4 miles


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RIGHT OF WAY MAP • OLD DIXIE HIGHWAY 6~h sTREET TO U.S. 1

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Lying In part of Sections 28, 33 and 34, Township 31 Soulh,Range 39 East, and

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RIGHT OF WAY MAP. OLD DIXIE HIGHWAY 69!hSTRE€rTOU.S.1

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RIGHT OF WAY MAP -OLD DIXIE HIGHWAY 89th STRl=ET TO US. 1

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lying In part cf Sections 28, 33 and 34, Township 31 Soulh,Ran9e 39 East, and

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IND/AN RIVER COUNTY BOARD OF COUNTY COMM/S$/ONERS


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OLD DIXIE HIGHWAY - FROM 69TH STREET TO S.R. N0.5 / t/.$._f!JGHWAY N0.1 RIGHT OF WAY NAP

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RIGHT OF WAY MAP· OLD DIXIE HIGHWAY 69th STREET TO U.S. 1

Lying In part of Sections 28, 33 and 34, Township 31 Soulh,Range 39 East, and Lying in part of Sections 3 and 4, Township 32 South, Range 39 East


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5

CONSENT AGENDA INDIAN RIVER COUNTY

DEPARTMENT OF GENERAL SERVICES Human Services Department

1>6-


TO: The Honorable Board of County Commissioners

THRU: Joseph A. Baird, County Administrator

THRU: Michael Zito, Assistant County Administrator

FROM: Brad Bernauer, Human Services Direc

SUBJECT: Children's Services Advisory Committee's Recommendation RFP # 2011037 new Focus Areas for 2011-12 and sample agency contract to be used.

BACKGROUND: Attached, please find copies of the Children's Services Advisory Committee's recommendations for the RFP #2011037 for the funding year 2011-12. Included is a Sample Agency Contract for 2011-12 and the revised Focus Areas for 2011-12 as recommended by the CSAC Needs Subcommittee and approved by the CSAC.

The purpose of this request is to obtain the Board of County Commissioners' approval of the attached RFP # 2011037, the Focus Areas and the Children Services Advisory Committee Funding Contract for 2011-12 to be executed by the agencies. The contract is the same as the contract used in the past two years.

RECOMMENDATION: Staff recommends that the Board accept the RFP #2011037 for 2011-12, Focus Areas and Agency Contract as submitted and authorize the Chairman to execute the individual contracts.


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66

INDIAN RIVER COUNTY PURCHASING DIVISION

1800 27TH STREET VERO BEACH FL 32960-3365

(772) 567-B000EXT 1416 FAX(772) 770-5140

REQUEST FOR PROPOSAL

PROJECT NAME: Children's Services Advisory Committee Grant Funds for Children's Programs

RFP NUMBER: 2011037

REFER TECHNICAL QUESTIONS TO: BRAD BERNAUER, DIRECTOR

OFFICE OF HUMAN SERVICES TELEPHONE: (772) 226-1422 FAX: (772) 770-5100 E-MAIL: [email protected]

REFER GENERAL TERMS & CONDITIONS QUESTIONS TO: JERRY DAVIS PURCHASING MANAGER TELEPHONE: (772) 567-8000; EXT.1416 FAX: (772) 770-5140 E-MAIL: [email protected]

BID OPENING DATE: BID OPENING TIME:

MAv3,2011 2:00P.M.

ALL PROPOSALS MUST BE RECEIVED IN THE PURCHASING DIVISION, 1800 27TH STREET, BLDG. B, VERO BEACH, FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE. LATE PROPOSALS WILL BE RETURNED UNOPENED.

PLEASE SUBMIT ONE (1) ORIGINAL AND FIFTEEN (15) COPIES OF YOUR

PROPOSAL

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2011-12 CHILDREN'S SERVICES ADVISORY COMMITTEE

REQUEST FOR PROPOSAL (RFP) #2011037

RFP is to allow Not-for-Profit, For-Profit, Government Agencies and Individuals to apply for funding to provide programs for Indian River County children.

Application form is available on "disk" (Microsoft Word & l':xcel), and in print.

DELIVER THIS APPLICATION TO: Indian River County Purchasing Division

1800 27th Street, Bldg. B VERO BEACH, FLORIDA, 32960

Phone: 772-567- 8000; Ext. 1416 FAX: 772-770-5140

Mandatory Applicants Orientation Conference April 15, 2011, 3:30 p.m.

Indian River County Administration Complex 1800 27th Street, Vero Beach, Florida

Building B; Room B1-501

DEADLINE FOR SUBMITTING RFP Tuesday, May 3, 2011, 2:00 p.m.

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TABLE OF CONTENTS

Cover Sheet ...................................................................................................... IV

Introduction and Background ............................................................................. V

Mission Statement. ............................................................................................. V

Vision Statement ............................................................................................... V

Overarching Outcomes ...................................................................................... V

Focus Areas, Goals & Objectives ...................................................................... VI

Time Table ....................................................................................................... VII

Disqualification ................................................................................................. VII

Procedures and Requirements ......................................................................... VII

Evaluation Criteria ........................................................................................... VI 11

Standards for Evaluation ................................................................................. VI 11

Special Contract Terms and Conditions ............................................................ IX

Contract Procedures ......................................................................................... IX

Period of Performance ...................................................................................... IX

Invoicing and Payment.. .................................................................................... IX

Nepotism Policy & Disclosure Requirements ..................................................... IX

FORM - Not-for-Profit Agency Certification (Sworn Statement) ......................... XI

FORM - Authorization for Release of Information ............................................. XII

FORM - Disclosure of Relationships (Sworn Statement) ................................. XIII

Supporting Documents Checklist .................................................................... XV

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INDIAN RIVER COUNTY, FLORIDA REQUEST FOR PROPOSAL

To allow Not for Profit, For Profit, Government Agencies and Individuals to apply for funding, to provide programs for Indian River County Children.

RFP NUMBER:

DEADLINE TO SUBMIT:

ADDRESS TO SUBMIT:

2011037

2:00 p.m. May 3, 2011

Indian River County Purchasing Division 1800 27th Street Bldg. B Vero Beach, Florida 32960 Phone: 772-567-8000, Extension 1416

MANDATORY ORIENTATION MEETING: April 15, 2011, 3:30 p.m. Indian River County Administration Complex 1800 27th Street, Vero Beach, Florida Building B; Room 81-501

REQUESTS FOR INFORMATION: Requests for information regarding this RFP should be directed to:

Brad Bernauer, Human Services Director Indian River County Human Services 1800 27th Street Vero Beach, FL 32960

Phone(772)226-1422 Fax(772)770-5100 Email addresses: [email protected]

DOCUMENT: Applicants shall submit one original packet, marked "ORIGINAL", plus fifteen (15) copies of the RFP. Each complete copy of the RFP shall be in a sealed, manila envelope, numbered "Copy #1" through "Copy #15".

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INTRODUCTION & BACKGROUND The Children's Services Advisory Committee of Indian River County was formed by Indian River County Ordinance 99.01, Chapter 103, as an advisory board to the Indian River County Board of Commissioners.

Section 103.20. Purpose. The purpose of the Children's Services Advisory Committee is to promote healthy children in a healthy community. The term "healthy" encompasses socioeconomic, physical, environmental, educational and behavioral health.

Section 103.21. Objective. 1) The objective of the Children's Services Advisory Committee is to provide a

unified system of planning and delivery, within which children's needs can be identified, targeted, evaluated and addressed by the Children's Services Advisory Committee.

2) Definition of a child. Any person who has not attained the age of eighteen (18) years, also minor.

The Children's Services Advisory Committee recommends funding for programs to the Board of County Commissioners. The final decision for funding will be made by the Indian River County Board of County Commissioners.

The Children's Services Advisory Committee is seeking programs that provide services to the children and families of Indian River County; and are documented as needed in the 2006 Indian River County Community Needs Assessment. Applications are accepted from: governmental agencies, for-profit, and not-for-profit organizations; and from individuals.

MISSION STATEMENT The mission of the Children's Services Advisory Committee is to facilitate and coordinate the planning and development of an effective and collaborative health and human services delivery system to meet the needs of the children and families of Indian River County.

The Children's Services Advisory Committee strongly supports cultural diversity and encourages its funded programs to demonstrate the inclusion of all children and families in program development and implementation.

VISION STATEMENT The efforts of the Children's Services Advisory Committee will insure the development of a shared vision for the health and human services delivery system in Indian River County enabling funding sources and providers to define and perform their roles in a dynamically changing environment.

OVER-ARCHING OUTCOMES Improve the capacity of children in Indian River County to succeed to adulthood in a safe, healthy and productive manner.

Support caregivers - a child's most important resource - to be and do what is needed to shepherd children to adulthood in a safe, healthy and productive manner.

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FUNDING FOCUS AREAS OF NEED 2011-12

The Children's Services Advisory Committee's Funding Focus Areas of Need for the year 2011-12 is drawn from the 2006 Indian River County Community Needs Assessment and determined by the CSAC Needs Subcommittee. The focus areas listed below are listed in order of priority as determined by the Needs Subcommittee. All programs seeking funding must address one of the focus areas listed below.

# 1 Parenting education classes.

#2 Increase childcare capacities and subsidies for underserved populations, particularly the infant and toddler population; improve the quality of childcare programs, and increase accessibility for children from lower income families.

#3 Improve and enhance community-based programs that address adolescent's needs, such as; healthy social behaviors, positive self esteem, teen pregnancy, delinquency, dropout and substance abuse prevention and other mental health issues.

#3 Support the after-school programs that enrich a child's learning environment, by offering a curriculum that includes: homework assistance, tutoring, life skills training, and other positive youth development programs.

#3 Target high-risk expectant and new mothers, especially teens, to increase the likelihood of positive health outcomes.

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TIMETABLE

1. RFP applications will be mailed by March 31, 2011, or may be picked up Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. at the Indian River County Purchasing Division, 1800 27th Street, Vero Beach, Florida (Phone: 567-8000; Ext. 1416)

2. Applicants Orientation Conference. April 15, 2011, 3:30 p.m. The Orientation Conference will be held in the Indian River County Administration Complex, 1800 27th Street, Vero Beach, FL., Building B, Room B1-501. All prospective applicants are required to attend.

3. Proposals Due on May 3, 2011, 2:00 p.m., to the Indian River County Purchasing Division, 1800 27'h Street, Bldg. B, Vero Beach, FL 32960 (Phone: 567-8000; Ext. 1416)

4. An official authorized to bind the applicant to the proposed activity must sign the proposals. Applicant's audit should be included in the RFP (if available).

5. Copies Required. Each submission must include one (1) original proposal, marked "Original", plus fifteen (15) copies, marked, "Copy #1" though "Copy #15". All proposals must be received in a sealed packet.

6. Grant Review Sub-Committee's Recommendations for Funding are approved, or disapproved, by the Children's Services Advisory Committee in June 2011; and presented to the Board of County Commissioners at the Budget Hearings, June 2011.

7. Contract Dates are from October 1, 2011 through September 30, 2012

DISQUALIFICATION Any one, or combination of, the three items listed below, will disqualify an applicant from further consideration as a qualified applicant.

1. Failure to include proof of ability to obtain all required liability insurance having Indian River County as an additional insured, contained in the contract attached to the proposal

2. Failure to include the proper number of copies of the application. 3. Failure to submit proposal within the stated time frame.

PROCEDURES AND REQUIREMENTS • All applicants are required to attend the Applicants' Orientation Conference on

April 15, 2011, 3:30 p.m., Indian River County Administration Complex, 1800 27th Street, Vero Beach, Florida; Building B, Room B1-501. The purpose of the meeting is to go over the application, general requirements, and for staff to respond to any questions. After this meeting all questions and answers shall be reduced to writing, and mailed to all attendees.

• All agencies, or individuals, receiving a grant will be required to mention the Children's Services Advisory Committee and Indian River County as a funder, or partial funder of the program, in all printed material and press releases.

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• All agencies, or individuals, receiving a $100,000 grant or more, will be required to provide Indian River County with a financial audit within 120 days after the end of the agency's fiscal year.

The following items will NOT be reimbursed by the Indian River County Board of County Commissioners, or by the Children's Services Advisory Committee:

• Any expense not outlined in the agency's funding application. • Capital expenses of any amount. • Cell phone charges. • Costs incurred by applicants in responding to the RFP. • Expenses other than those related to the curriculum or staffing of the program. • Expenses incurred prior to the first date of the grant. • Travel expenses not related to the delivery of the program. • Travel outside of Indian River County • Sick or vacation day payments for employees. • Salary payments to relatives working for agencies receiving grant funds, per the

Indian River County's policy on nepotism.

All materials and supporting documentation submitted in response to the RFP become public documents and the property of the Indian River Board of County Commissioners.

EVALUATION CRITERIA The proposals will be reviewed and evaluated by the Grant Review Sub-Committee, which consists of members of the Children's Services Advisory Committee and other citizens of Indian River County.

STANDARDS FOR EVALUATION 1. The program addresses, directly or indirectly, one or more of the Children's

Services Advisory Committee's Focus Areas. 2. The program incorporates a system to bring the target population in need of

services to the program. 3. The program has a substantial impact, directly or indirectly, on the

achievement of one or more of the Children's Services Advisory Committee's Focus Areas, and incorporates measurable outcomes to demonstrate such impact

4. The focus of the program is early intervention; the prevention of a problem before it occurs, rather than the treatment and rehabilitation of an individual after the problem occurs.

5. The amount of funding requested is a wise investment of community funds. The amount spent is reasonable relative to the number of persons served and the results achieved.

6. The agency offering the program has the organizational capacity to deliver the program successfully (management, financial stability, board effectiveness, community support, etc.)

7. This program is part of a coordinated collaborative approach designed to achieve one of the Children's Services Advisory Committee's Focus Areas.

Upon the Indian River County Board of Commissioners decision, contracts with applicant will be finalized as soon as possible. Program monitoring, written quarterly reports, and

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74

mid-year presentations to the Grant Review Sub-Committee will be developed with grant recipients after contract finalization.

THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND THE BOARD OF COUNTY COMMISSIONERS RESERVE THE RIGHT TO REJECT ANY OR ALL PROPOSALS, TO WAIVE ANY NON-SUBSTANTIVE DEFICIENCY OR IRREGULARITY, AND TO AWARD A CONTRACT IN WHAT THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND BOARD OF COUNTY COMMISSIONERS BELIEVE TO BE IN THE BEST INTEREST OF INDIAN RIVER COUNTY CHILDREN.

SPECIAL CONTRACT TERMS AND CONDITIONS

Contract Procedures • For Profit Applicants must provide a copy of most recent Federal Tax Return with

application. • All successful applicants are expected to enter into a contract with Indian River

County Commissioners substantially in the form set forth in Exhibit #1.

Period of Performance • Grant contract will run from October 1, 2011 through September 30, 2012.

Invoicing and Payment • All payments are based on reimbursement. • All requests for payment should be submitted to Indian River County Human

Services Department, Attention: Brad Bernauer, 1800 2?1h Street, Vero Beach, Florida 32960.

• Request for payment must be submitted in a timely manner (monthly, whenever possible).

• Each reimbursement request must have a Cover Sheet detailing all expenses. For each expense listed, a backup invoice and any other pertinent data must be attached. If the agency requests reimbursement for salaries, other related documentation (i.e., copies of payroll checks, payroll tax checks, invoices, checks for benefits) must be included.

• Travel inside the county will be reimbursed according to Florida Statute 112.061. • Payment may be delayed for three reasons;

o Improper filing of request. o Not filing quarterly reports with the Department of Human Services within

30 days after the end of each quarter. o Not filing the agency's audit, as required by IRC, in a timely manner.

Nepotism Policy and Disclosure Requirements. Agencies will not be reimbursed for salary payments to relatives working for agencies receiving grant funds, per the Indian River County's policy on nepotism.

Agencies receiving grant funds must list on a sworn (notarized) statement, fill_employees who are related to each other, or to Directors and Principals of the agency.

Such relationships should be listed specifically as: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather,

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75

stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild.

If the agency does not have any related parties working for that entity, a sworn (notarized) statement asserting this fact should be attached to the RFP.

If the agencies have an existing Nepotism Policy, that policy shall be attached to this RFP.

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76

NOT FOR PROFIT AGENCY CERTIFICATION

The County of Indian River requires, as a matter of policy, that any Consultant or firm receives a contract or award resulting from the Request for Qualifications issued by the County of Indian River, Florida, shall make certification as below. Receipt of such certification, under oath, shall be a prerequisite to the award of contract and payment thereof.

I (we) hereby certify that if the contract is awarded to me, our firm, partnership, or corporation, that no members of the elected governing body of Indian River County, nor any professional management, administrative official or employee of the County, nor members of his or her immediate family, including spouse, parents, or children, nor any person representing or purporting to represent any member or members of the elected governing body or other official, has solicited, has received or has been promised, directly or indirectly, any financial benefit, including but not limited to a fee, commission, finder's fee, political contribution, goods or services in return for favorable review of any Proposal submitted in response to the Request for Qualifications or in return for execution of a contract for performance or provision of services for which Proposals are herein sought.

The undersigned certifies that he/she is a principal or officer of the firm applying for consideration and is authorized to make the above acknowledgments and certifications for and on behalf of the applicant.

The undersigned certifies that the Applicant has not been convicted of a public entity crime within the past 36 months, as set forth in Section 287.133, Florida Statutes.

Failure to sign this form will result in disqualification. Handwritten Signature of Authorized Principal(s): DATE: _______ _

NAME: ___________________________ _

TITLE: __________________________ _

NAME OF FIRM/PARTNERSHIP/CORPORATION: ___________ _

Sworn to and subscribed to me, a Notary Public, this __ day of ____ , 2011.

(SEAL)

FOR AND ON BEHALF OF THE APPLICANT:

BY:

(TYPE NAME & TITLE)

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AUTHORIZATION FOR RELEASE OF INFORMATION

Indian River County and --,----~-------(Agency/Individual are in the process of negotiation of a contract for ,------,-----,--,---,----,--Indian River County is authorized to make an investigation of the Agency/Individual regarding its experience and qualifications. The Agency/Individual authorized the release of all relevant information concerning prior services furnished, contracts and background information of the Agency/Individual. The Agency/Individual authorizes any individual or organization that is in possession of relevant factual contract and background information, to release such data to Indian River County in response of the County's request.

When an individual employee of the Agency signs Authorization for Release of Information, such individual authorizes the County to obtain relevant background information concerning such employee's criminal record, if any, and such other information that may be relevant to employee's good character and work experience.

Authorization is given here by the Agency/Individual and such employees who execute this authorization with the understanding and limitation that Indian River County will utilize the information obtained for the purposes set forth herein and that such information shall not be disclosed to third parties except as provided by law.

Name Agency/Individual ___________________ _ Print name

Name Employee Providing authorization _____________ _ Print name

Signature (in blue ink) ____________________ _

Date _________ _

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

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

1. This sworn statement is submitted with RFP No. 2011037 for

2. This sworn statement is submitted by: ______________ _

(Name of entity submitting Statement)

whose business address is:

and ------,,.,...-----------------(if applicable)

its Federal Employer Identification Number (FEIN) is _________ _

(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement

________________ .• ) 3. My name is ______________________ _

(Please print name of individual signing)

and my relationship to the entity named above is ___________ _

4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means:

The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity.

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

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

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

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

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

Name of Affiliate or entity

(Date)

STATE OF FLORIDA

COUNTY OF

Name of County Commissioner or employee

(Signature)

Relationship

--------------

The foregoing instrument was acknowledged before me this __ day of ______ ,, 2011, by----------~ who is personally known to me or who has produced ______________ .as identification.

NOTARY PUBLIC SIGN: ___________ _ PRINT: __________ _ State of Florida at Large My Commission Expires:

(Seal)

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SUPPORTING DOCUMENTS CHECKLIST RFP 2011037

_. _ Cover Page

__ Application

List of Current Officers & Directors --

__ Latest Financial Audit Report & Management Letter that conforms with the AICPA Audit Guide

__ Most recent IRS Form 990, (Including all schedules.)

__ Most recent Internal Financial Statement (i.e.: Balance Sheet and Operating Budget

__ Staff Organizational Chart

__ Most Recent Annual Report (if available)

__ 501(C)(3) IRS Exemption Letter

__ Articles of Incorporation

__ Agency's Bylaws

__ Agency's written policy regarding Affirmative Action

__ Nepotism Statement for Agency

__ Taxonomy Definition for each program

xv 81

EXHIBIT #1 SAMPLE - DO NOT EXECUTE

Indian River County Grant Contract

This Grant Contract ("Contract") entered into effective this 1st day of October 2011 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County'') and (Recipient), of:

{Address)

For (Name of Program)

Background Recitals

A The County has determined that ii is in the public interest to promote healthy children in a healthy community.

B. The County adopted Ordinance 99-1 on January 19, 1999 ("Ordinance") and established the Children's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed.

C. The Children's Services Advisory Committee has issued a request for proposals from individuals and entities that will assist the Children's Services Advisory Committee in fulfilling its purpose.

D. The proposals submitted to the Children's Services Advisory Committee and the recommendation of the Children's Services Advisory Committee have been reviewed by the County.

E. The Recipient, by submitting a proposal to the Children's Services Advisory Committee, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein.

F. The County has agreed to provide such Grant funds to the Recipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein.

NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1. Background Recitals The background recitals are true and correct and form a material part of th is Contract.

2. Purpose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Recipient attached hereto as Exhibit "A" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes").

3. Term The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2011/12 ("Grant Period"). The Grant Period commences on October 1, 2011 and ends on September 30, 2012.

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82


4. Grant Funds and Payment The approved Grant for the Grant Period is The County agrees to

reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as ii deems appropriate.

5. Additional Obligations of Recipient.

5.1 Records. The Recipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County shall have access to all books, records, and documents as required in this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice.

5.2 Compliance with Laws. The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations.

5.3 Quarterly Performance Reports. The Recipient shall submit quarterly, cumulative, Performance Reports to the Human Services Department of the County within fifteen (15) business days following: December 31, March 31, June 30, and September 30.

5.4 Audit Requirements. If Recipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 120 days of the end of the Recipient's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1.

5.4.1 The Recipient further acknowledges that, promptly upon receipt of a qualified opinion from it's independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract.

5.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes.

5.5 Insurance Requirements. Recipient shall, no later than October 23, 2011, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance:

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83


(i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors;

(ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non-owned autos and other vehicles; and

(iii) Workers' Compensation and Employer's Liability (current Florida statutory limit)

5.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Recipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Recipient's place of business, of any and all insurance policies that are required in this Contract. If the Recipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract.

5.7 Indemnification. The Recipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, officers, or employees in connection with the performance of this Contract.

5.8 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Contract.

6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest.

7. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County.

8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference.

- 3 -

84


IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written.

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

By: ____________ _ Chairman

Attest: J.K. Barton, Clerk

By: _____________ _ Deputy Clerk

Approved:---~--~----Joseph A. Baird County Administrator

Approved as to form and legal sufficiency:

County Attorney

RECIPIENT:

By:-------------

AGENCY NAME

- 4 -

85


EXHIBIT A

[Copy of complete proposal/application]

- EXHIBIT A -

86

EXHIBIT #1 SAMPLE-DO NOT EXECUTE

EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on February 19,

2002]

"D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only.

All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed.

If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event _an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests.

Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1st may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners.

All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely

basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point.

Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available.

Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below.

a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable.

b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources.

c. Any expenses not associated with the provision of the program for which the County has awarded funding.

d. Any expense not outlined in the agency's funding application.

The County reserves the right to decline reimbursement for any expense as deemed necessary."

- EXHIBIT B-

87


EXHIBITC STANDARD TERMS FOR GRANT CONTRACT

1. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing, by any of the following methods: facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below:

County:

Recipient:

Brad E. Bernauer, Director Indian River County Human Services 1800 27 TH Street Vero Beach, Florida 32960-3365

2. Venue; Choice of Law: The valid.ily, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court.

3. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, ii is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties.

4. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable.

5. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise.

6. Independent Contractor. The Recipient is and shall be an independent contractor for all purposes under this Contract. The Recipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Recipient's sole direction, supervision, and control.

7. Assignment. This Contract may not be assigned by the Recipient without the prior written consent of the County.

- EXHIBIT C -

88

Type the Organization and Program Name

2011-12 CORE APPLICATION BUDGET NARRATIVE WORKSHEET - PART ONE

Revenues: Line 1 - 20 & Salaries/Fringes: Lines 21 - 26

IMPORT ANT: The Budget Narrative should provide details to justify the amount requested in each line item of the budget for your program. From this worksheet, your figures will be linked to the Total Agency Budget, Total Program Budget and Funder Specific Budget.

AGENCY: PROGRAM NAME: FUNDER:

. ------- - --- ---· --· ----- ------· ----- ----------·- ---··-·· --- -- ------· -- -- ------ --- --- ---. --- -- --- --""""\

j ~A UT/ON: Do not enter any figurEJs where a cell is colored in dark blue - Formulas and/or links are in place. •

1 2 3

4 5

6 7

8

9

10

11 12

13 14 15 16 17 18 19 20

21

22

23

24

25

26

Chi_ldren·~ ~-~_ryit;e$ .G~:n.fflf;;\~:--~t. Lucie -Children's Services Council-Martin Advisory Committee-Indian River United Way-St. Lucie County United Way-Marlin County United Way-Indian River County Department of Children & Families County Funds Contributions-Cash Program Fees Fund Raising Events-Net Sales to Public - Net Membership Dues Investment Income Miscellaneous Legacies & Bequests Funds from Other Sources Reserve Funds Used for Operating In-Kind Donations (Not included in total)

TOTAL REVENUES (doesn't include line 19)

- --

EXPENDITURES - - -

Salaries - (must complete chart on next page)

FICA - Total salaries x 0.0765 KeiIremen1 - r\nnua, pension ,or quaIIIIeu staff ~rte/Health - MedIca11uenla11.:,r,ort-term Disab. vvorkers compensation - '1t- employees x rate nonc:ia unemployment - ff prOjectea employees x $7,000 x UCT-6 rate

3/1/2011

-- -

I' --

-

--

-

$0.00 $0.00 $0.00

---- --- -- - - -- 1i ·-·•· ,,--: -·a-· ,. : ----- ----

- c.- -A ,- -

Proposed.Total.Program Budge( Fun.~~r Specific Total.Agency ,. --- . ··::_._:'" . ...: -:._._,:_;_;.: ;_-_. __ ·,:-',->. :_.,,:.:::,•1 ;-::::--' .(·- _-:-

- •• Bud"a.~t: --- I Bur!ite:t _, ,_:_

0.00 0.00 0.00

B·1

89

Type the Organization and Program Name

· ... ·. . .

SALARIES r Gio_sS_ II •. IV .

POSITIONL/STING An11uiil: $ii(arY: PCJrtion of :sa,acy On ProJios,eiJ Ill %" of.Grqs~ -Ann_ual

(Agency) Program Funder Specific, suqf/et. Salary

Position Title I Total Hrs/wk . •·. (lequested(CIA) . .. ·

Example: ExeCutive:birector / 40 hrs . . 70,iJQM0 I • . 10;000.00 · .. s;oilo,oo• · ', ;·· .-,·--7;-14%

#DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0!

. #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0!

. #DIV/0! #DIV/0! #DIV/0! #DIV/0!

Remaining positions throughout the agency

$0.00~ Total Salaries

f Zt:!~!%!1tr~W:J:lt!1'L .. · .. · Ii Cf'un(l•r ·•··•. . II > •.•.. . lt : · :vi ! • v .•.. ·• ·····.• \11 . ' · .. . . VII ·••.

Bolumn c onl!Nfion:,:line .2:1c:ip>2:ii) - ~pecmrf}f{!}!~fit'. ·i=,t~A':i;~-5~: {.-_jl~ff~j'.-: \/~j ;:;:,:_: c; :_':~i,;t!}) iw,:;,4i~t~f; /~~l'Nf;g:;J)!u~-~~~-'. Po$ition Title"/ Total-His/wk· . - :_/- "_· _; ._- \· ·. _-· . _, ~:-/,.\_.:,;, -~ ::_- :-:-::·---.:-:\\\:·-:•:: t~:·:::::::-:tx.::-;::_:>) \;-_.-- _ -'" - , .· ... -.r:--~~-, EXa_mple: ca_~e:(llanage~f-4P hrs - "' - -~)(JJJ;~~PlJ .; •' : 3g_j.:5dJ - · iiij~ii.lt /~_;:,~(i(J_;(Ji).__ ?~ '. Jt;te~r!l"!J,: j~ ;'.:\~;;:~l:t~,~.l'.Qrli '"-: -· .; : : Ji§;~j;"§,q,: 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00

-0.00

.

$0.00

3/1/2011 B·1

90

Instructions for the 2011-12 Core Funding Application

GENERAL INSTRUCTIONS

Please follow the instructions for completion of the Core Application for Funding. The Children's Services Councils and Advisory Committee and the United Ways of St. Lucie, Martin, and Indian River Counties support this core application for FY 2011-12.

The application this year is in two electronic files. The file entitled 2011-12vCare Application is a Word file used for your program narrative description. You also have an Excel spreadsheet file named 2011-12 Budget. Forms that contains the required fiscal forms. These files and an Instruction file are available at the funders' offices. If you use a printed version instead of the electronic, please double-check all of your calculations for accuracy.

Be advised that the funders support this core application, however each funder may have different individual priorities and require different portions to be completed for that funder. Each funder may have specific penalties if required items are not included. Please carefully review the instructions for the funders to whom you are applying. Each funder requires an individualized application for each program. The use of core items in the narrative and fiscal sections should simplify application for the same program to several funders.

CORE APPLICATION

Page 1 Table of Contents.

Header: Edit this Header. Type the name of your organization and the program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. This header will, once edited, appear on the top of every page of the narrative. NOTE: When you open the Financial Forms (MS Excel file), you will need to edit the header of each of those pages separately.

Enter the name of your Organization and the. name of the Program requesting funds. Required information.

Use the Table of Contents as your Application Checklist. Enter an X for each completed item and enter the page # for its location in the application. Required information.

Page 2 Program Cover Page. Required information.

• Complete the indicated information for the requesting Organization. • Complete requested information for the Program to be funded. See specific Funder

requirements for Program Funding Period. • State the Priority Need Area to be addressed in accordance with specific Funder

requirements. • Brief Description of the program should be as focused and brief as possible. This is the

summary used to describe your program. • Complete financial and statistical data sunnnary.

1

91

IMPORTANT: To access the Excel box, move your cursor inside the box and double click. Enter all of the information in the requested areas, except for the cells in blue (formulas are in place). To exit the box, move your cursor outside the Excel box and click once. Any changes made to information in the box are saved when the Word document is saved.

• These numbers should not be duplicative of each other and should be a reasonable expectation, given the size and scope of the program.

• The client figures and amounts used on this page must be consistent with those used later in the Narrative, Unduplicated Client Count, and Fiscal Sections of this application:

• Summary of budget totals and request. • The estimated number of children to be served via individual services. • The estimated number of adults to be served via individual services. • The estimated number to be served via services in a group setting.

• If the request has increased 5% or more, briefly explain why.

The signing of the application by both the Chief Board Officer and the Chief Professional Officer for the Organization is required. Include one original signed proposal, and see specific Funder requirement for the number of copies required.

Page 3 Proposal Narrative begins (Do not change the 12 pt. Times New Roman font or any page settings.)

Section A. Organization Capability (Entire Section A not to exceed one page. .8bic wiltexpand as vou. type;)

Complete the narrative items as indicated in the directions for each block within the stated page length for Section A. Although the boxes will expand as you type, address that item as concisely as possible and stay within the one page limit requirement.

Al refers to the overall Organization. A2 should reflect your organization and the areas of concern relating to the program

in this application.

Page 4 Section B - Program Need Statement (Entire Section B not to exceed one page. Box will expand,.asyoufvpe.)

Bl When completing this section, answer the questions as directly as possible. You are describing the specific unacceptable condition that is addressed by your program. Provide an accurate description of your target population. Provide data and references that this is a substantiate.ct condition or situation in our community. See specific Funder requirements.

B2 When completing this section, make sure that you have carefully reviewed and surveyed existing programs in the county. Collaboration is expected to better serve the community and fill existing gaps in services. Please identify other programs serving this priority need and explain how your program will provide for additional services or serve additional clients. Unnecessary duplication of services is to be avoided. See specific Funder requirements.

2

92

Section C - Program Description (Entire Section C, 1-6, not to exceed two pages. Box willexpand,as you type.)

Stay within the page limit for the section. Be as specific and nnderstandable as possible and focus on the indicated subject for each area. The end result of this section is to have a comprehensive understanding of what your program will accomplish in the commnnity and how you intend to achieve your results.

Cl The priority needs posted on the cover page is linked to this section. Do not enter anything.

C2 Program activities and services description.

• Explain the activities, services, and general results to be provided by this program. • Address the process and intended outcomes of the program. The reader should have a

good nnderstanding of client involvement from start/referral to finish/program exit. • The expected outcomes and changes for the client and the commnnity should be clearly

stated. (Detailed Measurable Outcomes will be covered in Section D.) • The client's choices, participation, and influence on service provision should be evident,

as well as any cycle of activities that are program requirements. • Follow up after exit from the program should be done to determine any long-term effect

from activity involvement and impact from the program over time. This follow up should also be incorporated into program improvement efforts (Section G-Timetable).

• See specific Funder requirements.

C3 Specifically address how the nnacceptable condition from Section Bl will be reduced by the efforts of the program and involvement of the client. Describe how your program follows a recognized "Best Practices" approach (see definition on page 15), and show how the proposed strategies or program components are effective with the targeted population.

C4 Briefly describe the staffing requirements of the program. What skills and abilities are needed by the staff to make this program successful? Do you have specific people in mind for program staff? Information here should conform to that in the Position Listing on the Budget Narrative Worksheet.

CS Describe how you propose to make the target population aware of the availability of this program. How will you incorporate other commnnity resources in this process? How will you promote the program? Do you have community/program partners with signed agreements that will help in this area?

C6 What will you do to make the program accessible to the population that you want to involve? What will attract the target population to your program? What will keep them coming back?

3

93

Pages 6-10 Section D - Program . Outcomes . aud Activities. Matrix .. (N.tlPtr,r:s:i:€e¢(/,,,~~4 outcomes. OJJe matf'ix·.tableper 01JtC9i'!Je, .... ;£,.gc}j•rnqgi;x:•11et.tqeJp.~etltw.g(2):pqges)

Outcome: In general, a program should have 3-4 program outcomes. The Outcome indicates the measurable impact or change the program will have on the clients its serves. The outcome should detail the results of the services provided, not the services provided. Outcomes utilize action words such as maintain, increase, decrease, reduce, improve, raise and lower. Please incorporate the following into the outcome description:

* Direction of change * Time frame * Area of change * As measured by * Target population * Degree of change * Baseline: the number you will be measuring against

Example Outcome: To decrease (direction of change) number of unexcused absences (area of change) of enrolled boys and girls (target population) by 75% (degree of change) in one year (time frame) as reported by the 2009-10 School Board attendance records (as measured by). Baseline: 2009-10 School Board attendance records for enrolled boys and girls.

Activities Matrix: The matrix is designed to identify specific activities the program will provide to achieve the stated outcomes. The matrix identifies: 1) the specific activity; 2) how often the service/activity is provided; 3) who, by position, is responsible to deliver the service/activity; and 4) expected change in client from providing service/activity. In addition, the matrix is designed to capture the evaluation of services provided: 5) indicator or measurement of change; 6) source of measurement; and 7) how frequently it is measured.

A separate PROGRAM OUTCOMES AND ACTIVITIES MATRIX needs to be completed for each outcome; each matrix should not exceed two (2) pages. Use a separate row for each activity and group activities under their related outcomes. To add more rows, if needed, simply locate the cursor at the last cell in the last row and press the "TAB" button on the keyboard. See examples provided at the end of the instructions.

IMPORTANT NOTE: Keep in mind when developing PROGRAM OUTCOMES that, if funded, these will be what you are accountable to accomplish. Also, the PROGRAM OUTCOMES should reflect the information described in the PROGRAM NEED STATEMENT (B.1.) All PROGRAM NEED STATEMENTS should flow from the MISSION & VISION. MEASURABLE OUTCOMES should be based on and measure program needs. Activities are the tasks you do to influence the outcome and impact the unacceptable condition in your PROGRAM NEED STATEMENT.

4

94

Program Outcomes and Activity Matrix EXAMPLES

PROGRAM OUTCOME AND ACTIVITIES

Outcome: Increase academic performance as measured by pre and post tests from Skills Bank software and/or grade point averages for 75% of participants attending at least one month in the program. Baseline: Skills Bank - Pre-test upon entering program; grade point average - first grading period

I 1

Program Design & Task Management (Columns 1-4)

II 2 ii 3 I 4

Program Frequency Responsible Expected I

Evaluation Design & Data Collection (Columns 5-7)

5 II 6 II "/

Indicator Data Time of Activities (how Parties Outcomes/change Measurements Source Measurement (what) often) (who) (why) (evidence) (where) (when)

Complete Five days a Tutors Increase academic Scores on Skills Bi-monthly academic week for 1 skills Skills Bank Bank training hour per software exercises day on Skills Banks Software

Provide Five days a Tutors Increase in School grades Report 9week assistance week for 1 academic Cards progress in hour per performance reports completing day homework Increase in Completed assignments confidence to homework Daily log

complete school assignments work

5

I

95


Outcome: Maintain the reduction in risk factors (by at least one) for a period of one year, for 90% of the families who have successfully completed the program as measured by the risk assessment tool. Baseline for 04-05 was 100%.

I 1


II 2 II 3 I 4

Program Frequency Responsible Expected I


5 II 6 I 7

Indicator Data Time of Activities (how Parties Outcomes/change Measurements Sonrce Measurement (what) often) (who) (why) (evidence) (where) (when)

Provide in- I hour Home Increase parenting Family Family Monthly home once a visitor skills observation files family week for worker visitations 12 we.eks Family to re.ceive to provide proper services family from outside support agencies (parenting skills) and referrals

Provide 2 hours Social Increase in family Progress in Family Monthly family once a worker coping skills counseling files counseling week for

12 weeks Resolve family Participation in issues counseling

6

96


Outcome: 85% of enrolled youth in the program for at least three months will not become involved with juvenile justice system as measured by reports obtained by DJJ every 6 months. Baseline: status of youth upon entering program

I 1


11 2 11 3 I 4 Program Frequency Responsible Expected

I


5 11 6 I 7

Indicator Data Time of Activities (how Parties Outcomes/change Measurements Source Measurement (what) often) (who) (why) (evidence) (where) (when)

Provide 4 times a Program Increase in school Better grades Report Every9 week after school week for Tutors grades and cards grade report tutoring !hour each attendance school

session attendance

Provide I time Guest Increase ability to Completion of Client Weekly anger every other speaker- cope during pre/post test files ( observation) management week for Counselor stressful or indicating sessions 1.5 hours fromxyz confrontational increase in Completed

program situations skills test (every other week)

Staff observation

Provide 5 times a Recreation Maintain active Consistent Sign-in Weekly structured week for2 specialist participation in participation of sheets review of after school hours program that youth in attendance recreational Music provides a safe program for all roster activities Specialist alternative 5 days including music, Program recreation, director and computers

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97

Section E - Collaboration Listing (Entire Section E not to exceed one page)

Your program is a part of the larger community, including home, neighborhood, and school, in which your clients live and function. Incorporate working with other organizations into your plan and make the best use of your combined resources. Plan these working relationships into your program with a clear understanding of what each program will bring into the process for the benefit of the clients being served. Your program resources are to benefit your community partners and the clients that they serve.

Page 12 Section F - Unduplicated Clients

IMPORTANT: To access each Excel table, move your cursor inside the box and double click. After entering the data, move your cursor outside the Excel box and click once.

Location Section - Provide counts for last fiscal year, current fiscal year, and projected fiscal year for the program.

The Location table requests information for the total number of unduplicated clients across the locations served by your program. The three sets of columns allow for entry of figures for the Last Fiscal Year (2009-10), the Current Fiscal Year (2010-11), and the Projections for the Fiscal Year for which you are applying (2011-12). This data allows for comparison between what was accomplished in the last complete year, what has occurred so far in the current year, and what you expect to achieve in the coming year for which you are requesting funds. See specific Funder requirements. While your program may not serve more than one county, this table allows for data entry by programs that cover multiple locations. Please be as accurate as possible with these figures, as the funders may require documentation.

Age Group Section - Provide counts for last fiscal year, current fiscal year, and projected fiscal year for the program.

The Age Group Section is similar to the prior section and allows for entry of unduplicated client data by individuals and by group for the same referenced timeframes. This data entry allows the funder to see the population that you serve broken into both age groupings and by individual or group based services. The data for those served as individuals and by group services should not be duplicative.

The Totals Served in both sections should match. The figures from these sections must be in agreement with those used on the Cover Page and in the other Narrative sections.

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98

Section G. FUNDER SPECIFIC SHEETS

REMEMBER TO CHECK INDIVIDUAL FUNDER INSTRUCTIONS FOR ANY FURTHER REQUIREMENTS OR ADDITIONAL FORMS

This is the end of the program narrative section of the application.

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99

SectionH. Budget Forms

2011-12 BUDGET APPLICATION INSTRUCTIONS

The budget forms for the 2011-12 application are in a separate MS Excel file named "CSAC 2011-12 Budget Forms".

General Instructions: Edit the Header to indicate the Organization and program name, the particular funder for whom this application is intended, and the page number.

BUDGET NARRATIVE WORKSHEET- PART ONE (1st worksheet tab)

NOTE: DO THIS WORKSHEET FIRST! This is the first tab at the bottom of the Excel worksheet. Work entered here will automatically transfer to other worksheets.

Toward the top of this worksheet, please enter the Agency Name, Program Name and Funder.

Column Descriptions: The purpose of the Budget Narrative Worksheets is to provide detail to justify the amount requested and posted in each line item of the budget for your program. From this worksheet, your figures will be linked to the Total Agency Budget - Colunm C and Total Program Budget -Colunm C and the Total Funder Specific Budget.

CAUTION: Do not enter any figures or formulas where a cell is colored in dark blue. The dark blue print indicates that formulas and/or links are in place.

Column A: This colunm should show the Proposed Total Program Budget. This colunm is linked to Total Program Budget Form - Colunm C.

Colunm B: This column should show the Proposed Total Funder Specific Budget. This colunm is linked to Total Funder Specific Budget Form.

Column C: This colunm should show the Proposed Total Agency Budget. This column will be linked to Total Agency Budget Form -Column C.

BUDGET NARRATIVE WORKSHEET - PART ONE

Part One contains the "Revenues Section" - Lines 1 through 20 and "Salaries and Fringe Benefits" - Lines 21 through 26.

Sources of revenue (Lines 1 - 20) must be entered manually in the columns as indicated above.

Totals for Salaries (Line 21) will be automatically transferred from the Salaries Detail Section which begins on Worksheet Line 46.

Totals for Fringe Benefit costs (Lines 22 - 26) must be entered manually in the Total Program, Total Funder Specific and Total Agency colunms.

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100

BUDGET NARRATIVE WORKSHEET- PART TWO (2nd worksheet tab)

NOTE: DO THIS WOMSHEETAFrER~OMJ!LFJTJNQl'AiR.TONE. As with Part One, work entered here will automatically transfer to other worksheets.

Part Two contains the "General Expenditures Section" - Lines 27 through 48.

The format provides for entering information about different expenses within a given line item as noted below. Note that the details included in this narrative apply to the Program Budget only.

Column 1:

Column 2:

Column 3:

Column 4:

Column 5:

NOTE:

A narrative description - a brief explanation of the item( s) and its use.

A calculation narrative for each expense within line item.

Manually enter the total program expense for each item listed.

Manually enter the total funder specific expense for each item listed.

Manually enter a total for the Agency for this line item.

The line item totals for the program (Column 3), the funder specific expenses (Column 4) and for the agency (Column 5) will automatically link to other budget worksheets.

EXAMPLE for Line Item 28 Travel, Conferences & Training:

Column 1:

Column 2:

Column 3: Column 4: Column 5:

a) state conference auto travel; b) state conference registration c) state conference hotel & per diem a) Orlando conference @250 miles @48.5 cents/mile; b) 2@ $250; c) 2 rooms x 2 nights x $150/room a) $122; b) $500; c) $600 Whatever portion of Column 3 you want the specific funder to pay for Whatever the total Travel, Conferences & Training is for the AGENCY

TOTAL AGENCY BUDGET (3rd worksheet tab) and TOTAL PROGRAM BUDGET (4th worksheet tab)

Column Descriptions: The five columns of the Total Agency Budget and the Total Program Budget are to provide historical, current, and proposed budget information regarding the program.

Column A: This column should show the actual amounts received and expended for the last full fiscal year that has passed. (These are usually audited figures.)

Column B: This column should show the budgeted amounts for the current fiscal year. Do not leave any cells blank, rather enter a zero (0) if you have not budgeted certain revenues or expenses.

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Column C: Unless you skipped the Budget Narrative Worksheet, this column will automatically show the budgeted projections for next fiscal year-the year for which this application is being submitted.

Column D: This column will automatically calculate the percentage increase from the current fiscal year budget (Column B) to the next fiscal year budget (ColumnD).

TOTAL FUNDER SPECIFIC BUDGET (5th worksheet tab)

Enter the Agency Name, Program Name and Funder information at top of this budget form. All other data in the form will automatically be transferred from the other worksheets.

VARIANCES EXPLANATION (6™ worksheet tab)

The Funders are concerned with the rising costs of service provision. Dwindling state resources are resulting in increasing requests to local funding sources. The Funders are requesting more explanation and justification for program request increases. Completion of the Total Program and Funder Specific Budget sheets will automat_ically generate information on increases from the prior year. Any increase of 15% or more will reqnire an explanation to be entered for that line item on the Variances Explanation worksheet (5th tab). All line items with snch a percentage will automatically have those line item labels listed on the Variances Explanation worksheet. If you are completing your form manually, you will have to calculate the percentage increase yourself and enter explanations for any line items with an increase of 15% or more.

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CHART OF ACCOUNTS

NOTE: This application is intended for use by multiple funders. Not all line items apply to all funders. Check individual funder specifications for exceptions.

Revenue Descriptions: Note: If funds are received from a source not listed, enter the amount in line 17 "Other" and provide an explanation in the narrative.

1-3 Children's Services Councils: Amounts received from the named Children's Services Councils.

4-6 United Ways: Amounts received from the named United Ways. 7 Department of Children and Families: Amounts received from the Department of

Children and Families. 8 County Funds: Amounts received from local county governments. Please list the source

counties in the budget narrative. 9 Contributions-Cash: Amounts received from cash contributions.

10 Program Fees: Fees received from customers for services provided by the program. 11 Fund Raising Events-Net: Net proceeds from special fund raising events conducted by

the program. Show details of each event in the budget narrative to include for each event: Gross Revenues

Expenses Net Proceeds

12 Sales to Public-Net: Net proceeds from sales of publications, supplies, and other items to the public. Show details of each type of sale in the budget narrative to include for each type of sale: Gross Revenues

Expenses Net Proceeds

13 Membership Dues: Amounts received for memberships in the organization. 14 Investment Income: Interest, dividends, rentals, endowment earnings, and Royalties on

any type of investment. All investment income, regardless of type and origin, should be reported here.

15 Miscellaneous: Funds not pertaining to any other revenue accounts listed ( e.g., Cost of Goods Sold).

16 Legacies and Bequests: An unrestricted planned gift or endowment available for operating expenses.

17 Funds from Other Sources: Funds allocated from private sources and United Ways, Children's Services Councils, and governmental sources not otherwise listed.

18 Reserve Funds Used for Operating: Funds taken from the reserve fund balance to provide for a balanced budget/offset a deficit budget.

19 In-kind Donation: Value of services provided by the operating agency/program to support program operation.

20 TOTAL: Add lines I through 18 for total agency and program revenue. Does not include In-Kind Donations.

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Expenditnre Descriptions:

21 Salaries: All program salaries including full-time, part-time, and temporary staff. 22 FICA: The employer's mandatory 7.65% payment for Social Security. This calculation

is only the employer's share of FICA. FICA should not be calculated for contract employees.

23 Retirement: The employer's share for program employees' retirement. Enter the percentage used to calculate this benefit.

24 Life/Health: The employer's share for any life and/or health (medical) insurance program the employer offers its employees. Enter the dollar amount budgeted for Life/Health Insurance. Then calculate and enter the percentage of total salaries that the Life/Health Insurance equates to.

25 Workers Compensation: The amount paid for workers' compensation insurance, as assigned by the carrier. Enter the percentage used to calculate this cost.

26 Florida Unemployment: The amount paid for unemployment insurance (applies to the first $7,000 of wages). Enter the percentage used to calculate this cost.

27 Travel-Daily: Mileage costs associated with the daily operation of the program. Mileage is reimbursed at the rate per mile set by the funder.

28 Travel/Conferences/Training: Travel related costs including conferences and seminar registrations, hotels, meals, airfare, per diem, and lodging. Meals are reimbursed at the funders rate per 24-hour day: breakfast, $x; lunch, $x; and dinner, $x. The details of this budget line item should be provided in the budget narrative.

29 Office Supplies: All supplies and materials used by the program to include office, program, and housekeeping supplies.

30 Telephone: Expenses for all telephone services. 31 Postage/Shipping: Postage, parcel post, commercial trucking, and other delivery services. 32 Utilities: Costs for power, water, sewer, gas, and waste removal (not housekeeping). 33 Occupancy (Building & Grounds): All costs related to the program's place of residence.

Includes rent (building and land), mortgage, contracted janitorial and maintenance services, real estate property taxes, and occupancy related licenses and permits. The details ofthis budget line item should be provided in the budget narrative.

34 Printing & Publications: Includes cost of brochures, videos, and other informational materials. Does not include the cost of renting a copy machine.

35 Subscriptions, Dues, Memberships: Costs for the purchase of professional periodicals necessary for maintaining information related to the program. Cost of individual or organization dues relevant to the functions of the program. This line item should include payments to national parent organizations. The details of this budget line should be provided in the budget narrative to identify periodicals and memberships and their individual costs.

36 Insurance: General liability, property, business auto, inland marine, crime bond, and directors and officers liability insurance.

37 Equipment Rental & Maintenance: The cost of renting and maintaining equipment including copiers, computers, typewriters, etc.

38 Advertising: Costs related to advertising for positions and/or volunteers. This advertising line item is not for fund-raising advertising.

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39 Equipment Purchases: Equipment purchased as a necessary item for the operation of a program. Equipment purchased becomes the property of the funder if the program terminates within two years of the purchase. Equipment is defined as tangible property having a useful life of one year or more and an acquisition cost of $300 or more (see specific funder requirements).

40 Professional Fees: Fees and charges of professional practitioners, technical consultants, or semi-professional technicians, who are not employees of the program and are engaged as independent contractors for specified services on a fee or other individual contractual basis. This line item would include attorney or consultant fees. Contracted janitorial, maintenance, and repair services related to buildings and grounds should be included in line 33 "Occupancy''.

41 Books/Educational Materials: Materials used in the program as an educational tool for the clients (i.e., books, reading materials, games, puzzles, videos, etc.).

42 Food & Nutrition: Nourishing snacks provided to clients during program operation. 43 Administrative Costs: The costs associated with the administration of the program but not

directly associated with client service. Administrative salaries should be included in this line item. Administrative costs should not duplicate any other costs. The calculation of this cost should be detailed in the budget narrative. Administrative costs are limited in dollar amount or percentage of total budget by some funders. Check individual funder specifications for limitations.

44 Audit Expense: Costs related to the expense of the annual independent audit. Only the share of the costs that apply to the funded program should be budgeted.

45 Specific Assistance to Individuals: Expenses for specific materials, appliances, rental and utility subsidies, and any other assistance rendered to clients.

46 Other/Miscellaneous: Specific program related costs not reportable on any other line item (i.e., background checks, volunteer testing, etc.).

4 7 Other/Contract: Costs for contractual services not reportable on any other line item. 48 TOTAL: Add lines 21 through 47 for total program expenditures. 49 REVENUES OVER/{UNDER) EXPENDITURES: Line 20 minus line 48.

DEFINITIONS OR KEY TERMS USED

1. Activities: Describes the tasks that will be accomplished in the program to achieve the results stated in the outcomes. Activities utilize action words such as complete, establish, create, provide, operate, and develop. The activities should reflect the services described in the Program Description.

2. Attachments: Documentation generated outside your organization ( e.g. audit, collaborative letters, and support letters).

3. Best Practice: Programs (or Program Components) that have been proven by high quality research test to be effective in reducing known risk factors and enhancing protective factors to ensure successful achievement of goals. Replicated with integrity will provide same results in community.

4. Client: An individual receiving direct face-to-face services from a program.

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5. Collaboration: Two or more organizations working together toward a common goal. There must be evidence of collaboration with other organizations and programs in a way that promotes quality service delivery. Evidence should include completion of written cooperative Contracts containing shared measurable outcomes/objectives and detailed responsibilities.

6. Needs Area: A human problem or condition, which has been identified as a major community concern. For example, a needs area is "Child Abuse and Neglect". A service or strategy designed to prevent the problem of "Child Abuse and Neglect" is the provision of crisis counseling.

7. New Program: An application submitted by an organization for new types of services which are not now being provided in the community or are not being provided by the organization and which are identified in a needs area.

8. Outcomes: Describes what you want to achieve with the target population. Indicates the results of the services you provide, not the services you provide. Outcomes utilize action words such as mainta_m, increase, decrea.se, reduce, improve, raise, and lower.

9. Priority Needs: Those areas of need, as identified by the Funder, as a priority to be supported by the Funder through the use of its funds or through technical assistance.

REMEMBER TO CHECK INDIVIDUAL FUNDER INSTRUCTIONS FOR ANY FURTHER REQUIREMENTS OR

ADDITIONAL FORMS

Other Resources:

Grant Writing Tools for Non-Profit Organizations: www.npguides.com

Non Profit Gateway: www.nonprofit.gov

Free Florida and Federal Grants web site: www.freefedgrants.com

Community Foundation Locator: www.communityfoundationlocator.org/search/index.cfrn

Grants for Non-Profit Organizations: www.freegovmoney.net

Daily Funding Updates, both Federal and Foundation: http://www.fundsnetservices.com/Donors/notices07 .htm

County Profiles: http://web.uflib.ufl.edu/fefdl/

Foundation Center: http://fdncenter.org/pnd/rfu/

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ORGANIZATION: ______________________ _ PROGRAM: ________________________ _

2011/12 CORE APPLICATION TABLE OF CONTENTS

"X" the parts of grant application to indicate inclusion. Also, please put page number where the information can be located.

X Section of the Proposal I Page#

TABLE OF CONTENTS (check list)............................................................ 1

__ PROGRAMCOVERPAGE(withsignatures)................................................ 2

A. ORGANIZATION CAPABILITY (one page maximum) __ 1. Mission and Vision of organization............................................................. 3 __ 2. Summary of expertise, accomplishments, and population served........................... 3

B. PROGRAM NEED STATEMENT (one page maximum) 1. Program Need Statement............................................................................... 4 2. Programs that address need and gaps in service............................................... 4

C. PROGRAM DESCRIPTION (two pages maximum) 1. Funding priority.................................................................................... 5 2. Description of program activities................................................................ 5 3. Evidence that program strategy will work...................................................... 5 4. Staffing........ .. . .. . .. . .. . .. . . . . .. . . . . . . . . . . .. . .. . . . . .. . . . . .. .. . . .. . . . .. . . . . . . . .. . .. . .. . . . . .. .. . . . ... 5 5. Awareness of program. . . . . .. . . . . .. . . .. .. . .. . . . .. . . .. .. .. .. . .. .. . .. . .. .. . .. . . .. . . .. . . . .. . .. . . . .. .. . 5 6. Accessibility of program........................................................................... 5

D. MEASURABLE OUTCOMES & ACTIVITIES MATRIX (Four outcomes maximum)....................................................................................................................... 6-10

E. COLLABORATION (one page maximum) . ...... ...... .................. .. .... ... . .. . .. ... . .. 11

F. UNDUPLICATED CLIENTS 1. Projections by Location............................................................................ 12 2. Projections by Age Group .. .. .. .. . .. .. .. . . .. .. . . .. . .. . .. . . . . .. . .. . . .. .. . .. . .. . .. .. . . .. . . . . . . .. ... 12

G. FUNDER SPECIFIC REQUIREMENTS................................................... 13

H. BUDGET (Separate MS Excel file) ............................................. .. 13

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PROGRAM COVER PAGE

Organization Name: ____________________________ _

Executive Director: E-mail: -------------- ------------Address: Telephone: ________ _

Fax: -------------Program Director: _______________ _ E-mail:

Address: Telephone: ________ _

Fax:

Program Title: ___________________________ _

Priority Need Area Addressed: ________________________ _

Brief Description of the Program: _______________________ _

SUMMARY REPORT - /Enter Information In The Black Cells Onlv) Amount Requested from Funder for 2011/12: Total Proposed Program Budget for 2011/12: Percent of Total Program Budget: #DIV /0 ! Current Program Funding (2011/12): Dollar increase/(decrease) in request: $ -

Percent increase/(decrease) in request**: #DIV /0 ! Unduplicated Number of Children to be served Individually: -Unduplicated Number of Adults to be served Individua1ly: -

Unduplicated Number to be served via Group settings: -Total Program Cost per Client: #DIV /0 !

**If request increased 5% or more, briefly explain why: _______________ _

If these funds are being used to match another source, name the source and the $ amount: __ _

The Organization's Board of Directors has approved this application on (date). ___________ _

Name of President/Chair of the Board Signature

Name of Executive Director/CPO Signature

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PROPOSAL NARRATIVE Please respond to each question in the allotted space for each section. In responding to each section of the proposal narrative, please retain the section-label and question that you are addressing. Do not change the Times New Roman 12 pt. font or other settings. Directions, such as these, may be deleted if space is needed, but again, do NOT delete the Section headers or the numbered questions

A. ORGANIZATION CAPABILITY (Entire Section A not to exceed one page. Box will expand as you tJme.i

1. Provide the mission statement and vision of your organization.

2. Provide a brief summary of your organization including areas of expertise, accomplishments, and population served.

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B. PROGRAM NEED STATEMENT (Entire Section B not to exceed one page. Boxwill expand asyou type/

1. a) What is the unacceptable condition requiring change? b) Who has the need? c) Where do they live? d) Provide local, state, or national trend data, with reference source, that corroborates that this is an area of need.

2. a) Identify similar programs that are currently serving the needs of your targeted population; b) Explain how these existing programs are under-serving the targeted population of your program.

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C. PROGRAM DESCRIPTION (Entire Section C, I - 6, not to exceed two pages. Box will expand as you type)

List Priority Needs area addressed.

2. Briefly describe program activities inclnding location of services.

3. Briefly describe how your program addresses the stated need/problem. Describe how your program follows a recognized "best practice" (see definition on page 12 of the Instructions) and provide evidence that indicates proposed strategies are effective with target population.

4. List staffing needed for your program, including required experience and estimated hours per week in program for each staff member and/or volunteers (this section should conform to the information in the Position Listing on the Budget Narrative Worksheet).

5. How will the target population be made aware of the program?

6. How will the program be accessible to target population (i.e., location, transportation, hours of operation)?

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D. PROGRAM OUTCOMES AND ACTIVITIES MATRIX. 3 - 4 program outcomes only. One matrix table per outcome. Each matrix table must not exceed two (2) pages. (NOTE: Boxes for Outcomes and cells in Matrix tables will expand as you type.)

Outcomes: In general, a program should have 3-4 program outcomes. The Outcome indicates the measurable impact or change the program will have on the clients its serves. The outcome should detail the results of the services provided, not the services provided. Outcomes utilize action words such as maintain, increase, decrease, reduce, improve, raise and lower. Please incorporate the following into the outcome description:

* Direction of change * Time frame * Area of change * As measured by * Target population * Baseline: the number you will be measuring against * Degree of change

Example Outcome: To decrease (direction of change) number of unexcused absences (area of change) of enrolled boys and girls (target population) by 75% (degree of change) in one year (time frame) as reported by the 2010/11 School Board attendance records (as measured by). Baseline: 2010/11 School Board attendance records for enrolled boys and girls.

Activities Matrix: The matrix is designed to identify specific activities the program will provide to achieve the stated outcomes. The matrix identifies: 1) the specific activity; 2) how often the service/activity is provided; 3) who, by position, is responsible to deliver the service/activity; and 4) expected change in client from providing service/activity. In addition, the matrix is designed to capture the evaluation of services provided: 5) indicator or measurement of change; 6) source of measurement; and 7) how frequently it is measured.

A separate PROGRAM OUTCOMES AND ACTIVITIES MATRIX needs to be completed for each outcome. Use a separate row for each activity and group activities under their related outcomes. To add more rows, if needed, simply locate the cursor at the last cell in the last row and press the "TAB" button on the keyboard. See examples provided in the instructions.

IMPORTANT NOTE: Keep in mind when developing PROGRAM OUTCOMES that, if funded, these will be what you are accountable to accomplish. Also, the PROGRAM OUTCOMES should reflect the information described in the PROGRAM NEED STATEMENT (B.1.).

All PROGRAM NEED STATEMENTS should flow from the MISSION & VISION. MEASURABLE OUTCOMES should be based on and measure program needs. Activities are the tasks you do to influence the outcome and impact the unacceptable condition in your PROGRAM NEED STATEMENT. (B.l.).

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[ Outcome # 1:

1

Program Activities (what)

__. __. w

(Boxes will expand as you type.)


I 2 I 3

Frequency Responsible Parties Expected

4

(how often) (who) Outcomes/change (why)

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5 I 6 I Indicator Data Source Time of

7

Measurements (where) Measurement (when) (evidence)

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Outcome# 2:

1


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I 2 I 3 II Frequency Responsible Expected

4

(how often) Parties (who) Outcomes/change (why)

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5 6

Indicator Data Source Time of

7

Measurements (where) Measurement (evidence) (when)

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.......

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[ Outcome #3:

1


(Baxes wiU expand as yau .type.)

Program Desigu & Task Management (Columns 1-4)

I 2 II 3 I Frequency Responsible Expected

4


ID I ! I

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5 I 6 II Indicator Data Source Time of

7

Measure-men ts (where) Measurement (evidence) (when)

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[ Outcome #4:

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I 2 I 3

Frequency Responsible Expected

4



5 6 Indicator Data Source Time of

7

Measurements (where) Measurement (evidence) (when)

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E. COLLABORATION (Entire Section E not to exceed one page)

1. List your program's collaborative partners and the resources that they are providing to the program beyond referrals and support. (See individual funder requirements for inclusion of collaborative agreement letters.)

(NOTE: .. · COLLAJJO}tAJ'I1¥l]·•·AGRE;EMENT·•.L;E'f'l'j@;~,NOill;~•Q;i:IlIU:D•ll:Y ~y OF.'fJJE.lJNl'fE!D•Wi¥S•f:Jsti'ittms· C:lJ"itrf!,\j>!£'Jl;te~'Ff(;)N;)

Collaborative Al!enr,1 Resources orovided to the orol!ram

.

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F. UNDUPLICATED CLIENTS

1----~------Number of Unduplicated Clients by Age

C u r rent Fiscal Year

Location Budget 2010/11

Individuals Group

0 to 4 - (Pre-school) 5 to 10 - (Elementary) 11 to 14 - (Middle) 15 to 18 - (High School)

Total Children

19 to 59 - (Adults) 60 + (Seniors)

Total Adults

TOTAL SERVED

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G. FUNDER SPECIFIC REQUIREMENTS - refer to Fuuder Specific Request For Proposal instructions.

H. BUDGET FORMS -The budget forms are in a separate Excel file named "CSAC 2011-2012 Budget Forms". Refer to Funder Specific instructions for instructions opening this file.

In the Excel file you will find the following worksheet tabs: 1. Budget Narrative Worksheet- Part One 2. Budget Narrative Worksheet- Part Two 3. Total Agency Budget 4. Total Program Budget 5. Total Funder Specific Budget 6. Explanation for Variances

Make sure to print all the forms by going to each tab and selecting the Print icon, or click on File, Print, Entire Workbook.

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MEMORANDUM

TO: Joseph A. Baird County Administrator

Robert M. Keating, AI Community Development Direct r

THROUGH: Sasan Rohani, AICP $". _.f?, Chief, Long-Range Planning

FROM: Bill Schutt, AICP °1$.., Senior Economic Development Planner


Consent Agenda

SUBJECT: REQUEST FOR AUTHORIZATION FOR THE BOARD CHAIRMAN TO SIGN A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NEIGHBORHOOD i STABILIZATION PROGRAM 3 (NSP3) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT

It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of March 22, 2011.

BACKGROUND

On February 8, 2011, the Board of County Commissioners (BCC) authorized the Community Development Director to prepare a Community Development Block Grant Neighborhood Stabilization Program 3 (NSP3) Abbreviated Action Plan (funding application). Subsequently, staff prepared a NSP3 CDBG Abbreviated Action Plan, and the Board approved its transmittal to the U.S. Department of Housing and Urban Development (HUD) for consideration. Recently, HUD notified staff that Indian River County's NSP3 CDBG Abbreviated Action Plan for Neighborhood Stabilization Program funding in the amount of$1,500,428 was approved.

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Subsequent to that notification, HUD sent the County a proposed HUD/Indian River County NSP3 CDBG agreement. That agreement, once executed, will constitute a contract between HUD and the County, setting forth the County's responsibility with respect to grant implementation.

At this time, the Board of County Commissioners is to consider authorizing the chairman to execute the HUD/Indian River County NSP3 CDBG agreement (copy attached) and to authorize staff to transmit the signed copies to HUD.

ANALYSIS

The U.S Department of Housing and Urban Development/Indian River County NSP3 CDBG agreement is a standard legal document detailing the applicable federal regulations and department rules that govern how CDBG grants are to be administered. As a condition to receiving funds from HUD, the County must agree to follow these regulations and rules.

RECOMMENDATION

Staff recommends that the Board of County Commissioners:

1. Approve the attached resolution authorizing the chairman to execute the DCA/Indian River County NSP CDBG agreement and granting authority to the Community

· Development Director to execute documents related to the administration of the NSP CDBG;and

2. Authorize staff to transmit the signed copies of the agreement to DCA.

ATTACHMENT

I. Copy of the U.S Department of Housing and Urban Development/Indian River County NSP3 CDBG Agreement

2. Resolution for executing the U.S Department of Housing and Urban Development/Indian River County CDBG Agreement and related grant administration documents

Indian River Co. Approved Date Approved Agenda Item:

Admin.

Legal

Budget

Dept.

Risk Mgr.

F:\Community Development\CDBG\2010 NSP\CONTRACTS\HUD Agreement\BCC Memo - NSP3 CDBG Contract.doc

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FUNDING APPROVAL AND GRANT AGREEMENT FOR NEIGHBORHOOD STABILIZATION PROGRAM 3 (N~P3) FUNDS

AS AUTHORIZED AND APPROPRIATED UNDER THEW ALL STREET REFORM AND CONSUMER PROTEC'JJON ACT OF 2010, AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 AND THE HOUSING

AND ECONOMIC RECOVERY ACT OF 2008 (PUBLIC LAWS 111-203, 111-005 and 110-289)

NSP3 GRANTEE: Indian River County

NSP3 GRANT NUMBER: B-11-UN-12-0022

NSP3 GRANT AMOUNT: $1,500,428

NSP3 APPROVAL DATE: 3/10/2011

NSP3 EXPENDITURE DEADLINE (2 YEAR): 3/9/2013

NSP3 EXPENDITURE DEADLINE (3 YEAR): 3/9/2014

GRANTEE DUNS NUMBER: 079208989

l. This Grant Agreement between the U.S. Department of Housing and Urban Development (HUD) and Indian River County (Grantee) is made pursuant to the authority of section 1497 of the Wall Street Reform and Consumer Protection Act of 2010 (Pub. L. 111-203 (July 21, 2010)) (Dodd-Frank Act), title XII of Division A of the American Recovery and Reinvestment Act of2009 (Public Law 111-5 (February 17, 2009)) (Recovery Act) and sections 2301 -· 2304 of the Housing and Economic Recovery Act of 2008 (Public Law 110-289 (July 30, 2008)) (HERA). The program established pursuant to section 2301-2304 of HERA is known as -the ''Neighborhood Stabilization Program" or "NSP." The term "NSP2" refers to the second . appropriation of NSP funds provided under the Recovery Act The additional allocation under the Frank Dodd Act represents the third round of Neighborhood Stabilization Program funding and is referred to as ''NSP3." Notice of Formula Allocations and Program Requirements for Neighborhood Stabilization Program Formula Grants (Docket No. FR-5447-N-01, October 19, 2010) (NSP3 Notice); the Dodd-Frank Act; the Recovery Act; HERA; the Grantee's application for NSP3; the HUD regulations at 24 CFR Part 570 (as modified by the NSP3 Notice as now in effect and as may be amended from time to time) (Regulations); and this Funding Approval, including any special conditions, constitute part of the Grant Agreement. In the event of a conflict between a provision of the Grantee's Application and any provision of this Grant Agreement, the latter shall control.

Attachment 1

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2

2. The Grantee shall comply with reporting requirements established by HUD and 0MB (including all revisions to such reporting requirements) and the Federal Funding Accountability and Transparency Act (Pub. L. 109-282) (including implementing guidance).

3. Subject to the provisions of this Grant Agreement, HUD will make NSP3 Grant Funds in: the amount .. of $1,500,428 available to the Grantee upon execution of this Grant Agr-,ement by the parties. Of that amount,$375,107 must be used to house individuals or families whose incomes do not exceed 50 percent of area median income, pursq;mt to Dodd-Frank Act. The.Grantee shall have 24 months from the date ofHUD's e!{ecution, of this Grant Agreement to expend half of the NSP3 Grant amount pursuant to the requirements of this Agreement, the Dodd-Frank Act, the Recovery Act; HERA and the NS.PS Notice, as amended. The Grantee shall have 36 months. from the date o{HUD's ti!{ecutioii of this Grant Agreement to expend. the total NSP3 Grant amount pursuant to the r~quirements of this Agreement, the Dodd-Frank Act, the Recovery Act, HERA aiJ.fi ilie NSP3 Notice, as amended. The NSP3 Grant Funds may be used to pay eligible costs al'ising from eligible usesjncurred after the NSP3 Approval Date provided the 11ctivities to which such . costs· are related are carried out in compliance· with all applicable requirements. Pre-Eiw11rd planning and general administrative costs may not be paid with funding assistance except as permitted in the NSP3 Notice, as amended: . Otherpre.award costs may not be paid, with funding assistance except as permitted by 24 CFR 570.200(h); for purposes ofNSP3, such costs· are limited to those incurred on or after the date tliat the NSP3 Notice was published by HUD.

4. The Grantee agrees to assume all of the responsibilities for environmental review, decisioninaking, and actions, as specified and required in regulations issued by the Secretary pursuant to section 104(g) of Title I of the Housing and Community Development Act, as amended ( 42 U.S.C. 5304) and published in 24 CFR Part. 58.

5. The Grantee agrees that it will demolish or convert units using NSP3 funds only to the extent and scope described in the NSP3 substantial amendment. The Grantee agrees that under no circumstances will NSP3 funds be used to demolish any public housing (as defined in section 3 of the United States Housing Act ofl937 (42 U.S.C. 1437a)). · ·.•

6. The Grantee agrees to comply with the Recovery Act provisions concernjng tenant protections applicable to NSP3 acquisitions of foreclosed property. 'qie Grantee must document its efforts to ensure that the initial;: successor in interest (JSII) in a· foreclosed upon dwelling or residentiiµ real property (typically, the initial sucii~ssor in interest in' property acquired through foreclosure is the lender or trustee for h9l<;lers of oblig11:tions secured by mortgage liens) has provided bona fide tenants with the notic¢ and other protections outlhied in the Recovery Act. The Grantee will not use N$f3 funds to finance the acquisition of property from any initial successor in interest that failed tC> comply with applicable requirements unless the Grantee assumes the obligation;of such initial successor in interest with respect to bona fide tenants. If the Grantee elects to assume such obligations, it may only do so if the tenant is still occupyingJhe property and will provide any tenant displaced as a result of the NSP3 funded acquisition with the

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assistance outlined in 24 CFR 570.606. If the Grantee knows that the ISII did not comply with the NSP tenant protection requirements and vacated the property contrary to the NSP requirements, NSP3 funds cannot be used to acquire such properties.

7. The Grantee further acknowledges its responsibility for adherence to all applicable terms and conditions of this grant award by sub-recipient entities and contractors, including obtaining a DUNS number ( or updating the existing DUNS record), and registering with the Central Contractor Registration.

8. This Grant Agreement may be amended only with the prior written approval of HUD. In considering proposed amendments to this Grant Agreement, HUD shall also review, among other things, whether the amendment is otherwise consistent with the Dodd-Frank Act, the Recovery Act, HERA, the NSP3 Notice, as amended, and the Regulations.

9. The Grantee may not amend its Grantee Submission other than as described above; however, such amendments will be subject to the requirements of the NSP3 Notice and any revisions HUD may make to- the NSP-3 Notice (or any successor Notice or regulation).

I 0. The Grantee inust respond in writing to any citizen complaint within 15 working days, if, feasible, and send a copy of the response to HUD. The Grantee shall at all times maintain an up-to-date copy of its Grantee Application, including a11 amendments approved by HUD, on its Internet website. Further, the Grantee shall maintain information on all draw downs, deposits, and expenditures of grant funds and program income under this Funding Approval and Grant Agreement and any other records required by 24 CFR 570.506 and the NSP3 Notice, as amended, in its files and shall make such information available for audit or inspection by duly authorized representatives of HUD, HUD's Office of the Inspector General, or the Comptroller General of the United States.

11. The Grantee is advised that providing false, fictitious or misleading information with respect to NSP3 Grant Funds may result in criminal, civil or administrative prosecution under 18 USC § 1001, 18 USC § 1343, 31 USC § 3729, 31 USC § 3801 or another applicable statute.

12. Close-out of this grant shall be subject to the provisions of 24 CFR 570.509 or such close-out instructions as may hereafter be issued by HUD specifically for NSP3 grants.

[Remaining of this page blank)

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4

This NSP3 Grant Agreement is binding with respect to HUD in accordance with its terms upon

the execution by HUD in the space provided below, subject to execution on behalf of the

Grantee.

The United States Department of Housing and Urban Development

{.

Gary A. Causey Name of Authorized Official

Director CPD Division Title of Authorized Official

Date of Sigtiature 1

For HUD CFO Use Only

Current Balances Increases/Decreases

The Grantee Indian River County

Signature of Authorized Offical

Name of Authorized Official

Title of Authorized Official

Date of Signature

59-6000674 Grantee Tax Identification Number

Ending Balance Date

125

RESOLUTION NO. 2011 -

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO EXECUTE THE DOCUMENTS REQUIRED FOR THE COUNTY TO ENTER INTO A CONTRACT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A FY 2010 NEIGHBORHOOD STABILIZATION PROGRAM 3, COMMUNITY DEVELOPMENT BLOCK GRANT AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE ALL DOCUMENTS REQUIRED FOR THE ADMINISTRATION OF THE NEIGHBORHOOD STABILIZATION PROGRAM 3 COMMUNITY DEVELOPMENT BLOCK GRANT.

WHEREAS, the federal government enacted the Wall Street Reform and Consumer Protection

Act, Public Law 111-203, which act appropriated $1 billion in Community Development Block

Grant (CDBG) funds under the Neighborhood Stabilization Program 3 (NSP3) for local

governments to purchase and redevelop abandoned or foreclosed properties; and

WHEREAS, $1,500,428 from the $1 billion in NSP3 CDBG funds is earmarked by the Federal

Department of Housing and Urban Development for Indian River County; and

WHEREAS, it is the desire of the Indian River County Board of County Commissioners

to enter into a contract with the Federal Department of Housing and Urban Development for

those earmarked Neighborhood Stabilization Program 3 Community Development Block Grant

funds to benefit persons oflow and moderate income; and

WHEREAS, acquisition and rehabilitation of foreclosed homes for rental to very low

income households and for sale to low and moderate income households achieves the

intent of the Neighborhood Stabilization Program; and

WHEREAS, the proposed NSP3 Community Development Block Grant (CDBG) Abbreviated

Action Plan is consistent with the Indian River County Comprehensive Plan;

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF INDIAN RIVER COUNTY THAT

Attachment 2 1

126

SECTION I. The Board of County Commissioners hereby authorizes the Chairman to

execute all necessary contracts, certifications and other documents required for Indian River

County to enter into a contract with the U.S. Department of Housing and Urban Development for

Neighborhood Stabilization Program grant number B-l 1-UN-12-0022.

SECTION 2. The Board of County Commissioners directs the Community Development

Director to execute all documents required for the implementation of NSP3 CDBG Grant # B-

11-UN-12-0022, including but not limited to program amendments, requests for funds, and

monthly reports.

SECTION 3. The Board of County Commissioners authorizes and directs the Community

Development Director to submit information in a timely manner as may be required by the U.S.

Department of Housing and Urban Development for the implementation of the Neighborhood

Stabilization Program 3 contract.

SECTION 4. The Board of County Commissioners authorizes the Community

Development Director to sign any subsequent forms as needed for the implementation of the

NSP3 CDBG contract.

SECTION 5. This Resolution shall take effect immediately upon its passage.

The foregoing resolution was offered by Commissioner ______ _, and seconded by

Commissioner ________ ,, and being put to vote, the vote was as follows:

Chairman, Bob Solari

Vice Chairman, Gary C. Wheeler

Commissioner, Joseph E. Flescher

Commissioner, Wesley S. Davis

Commissioner, Peter D. O'Bryan

The Chairman thereupon declared the resolution duly passed and adopted this 22nd day of March, 2011.

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ATTEST BY: ________ _

Jeffrey K. Barton, Clerk

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

BY ____________ _

Bob Solari, Chairman BCC Approved: March 22, 2011

Date: _____ _

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

By: __ ~____,,,,/J-..J-1..----__ Alan S. Polackwich

~\f County Attorney

Date: ------

F:\Community Development\CDBG\2010 NSP\CONTRACTS\HUD Agreement\Resolution to Execute Contract.DOC

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128

TO:

FROM:

DATE:

RE:


INDIAN RIVER COUNTY MEMORANDUM

RTMENT HEAD CONCURRENCE:

Robert M. Keating, AIC Community Development Director

Roland M. DeBlois, Aicrp Chief, Environmental Planning

March 15, 2011

CONSENT ITEM (ADMINISTRATIVE)

Approval of State Sovereignty Submerged Lands Lease for the-Jones's Pier Dock Facility

It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 22, 2011.


In September 2008, the Board of County Commissioners purchased the historic Jones 's Pier site under the County's environmental lands program. The subject waterfront property consists of approximately 16.5 acres located on south Jungle Trail.

The property acquisition included a dock extending ovet sovereign submerged lands of the Indian River Lagoon. Because the submerged lands are state sovereign lands, the County is required to execute a sovereignty submerged lands lease with the State (Board of Trustees of the Internal Improvement Trust Fund). Attached is a copy of the sovereignty submerged lands lease for the Board's approval consideration.

ANALYSIS

When the Jones's Pier property was acquired, the County entered into a life-estate arrangement with Mr. Jones in the form of a caretaker agreement (see attached). Under the caretaker agreement, Mr. Jones, who still lives on the property, retained the opportunity to use the dock as he has in the past, which is to act as dock master and oversee use of the dock facility for the mooring of visiting I transient vessels. The proposed attached County lease serves as a modification to Mr. Jones's previous submerged lands lease to reflect a change in upland ownership (i.e., County purchase), but allows use of the dock facility by Mr. Jones consistent with past use and consistent with the County's caretaker agreement with Mr. Jones.

The submerged land lease runs through October 15, 2012, after which time the lease will be subject to renewal. At that time, if conditions change (if Mr. Jones no longer lives on the property), the County will

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129

have the opportunity to revise the use allowances of the dock facility under the lease to account for public use of the dock consistent with future public access plans for the overall property.

As written, the lease requires the County to pay an annual lease fee of $459.97. Once use of the dock eventually changes to a public access facility, the County will be in a position to request a waiver of annual lease fees associated with public use of the dock. In the interim, staff feels that the attached lease is appropriate and warrants approval.

RECOMMENDATION:

Staff recommends that the Board of County Commissioners approve the attached sovereignty submerged lands lease for the Jones's Pier dock facility, and authorize the Board Chairman to sign the lease on behalf of the County.

ATTACHMENT:

I. Caretaker Agreement between Indian River County and Richard M. Jones. 2. Sovereignty Submerged Lands Lease (including attachments)

APPROVED: I.R.County ApnTo""ed D te Admin. I\=• ~ I i Legal ' Budget r ✓

.,, I

Dept. u~ - .,_ ,,,, Risk Mgr.

F:\C munity_ Development\Users\ROLAND\LAAC\JONES'S PIER\Submerged Lands Lease\Jones's Pier submerged land lease BCC item 3-22-11.doc

2

130

Exhibit "C" Caretaker Agreement J>e6 "t,

u~ CJ 1'\'\) This Caretaker Agreement ("Agreement"), dated Cl-J-£~,,..,_/7 , 20of, is by ~~(A,'

between hidian River County, a political subdivision of the St~ olorida, and assigns ("County'') and Richard M. Jones(" Caretaker") and provides for the provision, by Caretaker, of certain services to the County in exchange for Caretaker's exclusive use of a portion of the land surrounding and including the residential structures and docks that the County purchased from Caretaker on even date herewith.

~ A. Orv/111,,i,t,/i/L 20071 County contracted to purchase from Richard M. Jones, certain real 6 property d;~Jn Exhibit. A (the "Property"'') that will .. eventually b. e main. tained by .. the County

1 m, 0

,,. as a park open to the public.

· · B. This Agreement provides Caretaker with exclusive use of a portion of the property surrounding and including the two (2) residential structures shown on Exhibit B "Residential Area" which may be identified and fenced with a white picket fence and signed intermittently as the "PRIVATE Residential Area". hi addition, Caretaker will have exclusive use of the two (2) docks, which may both be gated and signed "Private Dock."

C. As part of this Caretaker Agreement, Caretaker shall also be the "dock master" for the two (2) docks; specifically, the southernmost dock that is part of the Historic Structures (as such term is hereinafter defined) and the dock associated with the "Cottage" depicted on Exhibit B.

Therefore, in consideration of the mutual covenants contained herein, the parties agree:

1. Term. Unless sooner terminated pursuant to paragraph 5, this Agreement shall continue for fifteen ( 15) years from the last date it is executed. Upon expiration, the Agreement shall be automatically renewed unless there is cause for termination pursuant to paragraph 5.

2. Consideration. As consideration for use of the Residential Area, Caretaker shall pay to the County $10.00 per year, payable each year in advance, and shall perform the Services described in paragraph 3.

3. Services. During the Term, Caretaker or bis designee shall provide the following services and perform the following duties for the County (the "Services"): (i) maintain the residences in good repair; (ii) monitor and report any unauthorized access at Jones Pier to· County; (iii) coordinate the scheduling of grounds maintenance with County, such grounds maintenance to be conducted by County; and (iv) act as the "dock master'' for the docks and be responsible for collecting all fees and signatures for the ledger (as long and only as long as Caretaker feels up to performing and/or is capable of performing as "dock master"). Any fees collected shall belong to the County but may be used by Caretaker for the maintenance and upkeep of the Property. Caretaker shall keep a record of fees collected and expenditures of these funds and shall provide this record to the County armually.

ATTACHMENT 1

131

No vessel shall be permitted to tie-up at the commercial area of the subject dock for a period greater than one week.

4. License to Reside. During the Term, Caretaker may occupy the residential structures and exclusively use the Residential Area. His occupancy shall be as a licensee, and not as a tenant or lessee.

5. Termination. This Agreement shall terminate upon the death of Caretaker, provided that Caretaker's heirs or beneficiaries shall have a reasonable period not exceeding 90 days, following Caretaker's death, to remove Caretaker's personal property. Caretaker may terminate this Agreement at his discretion upon 30 days written notice to the County stating his intention to terminate and vacate. The County may terminate this Agreement if Caretaker fails to perform the Services in a reasonably acceptable manner. The County shall provide written notice of any deficiencies in performance. Caretaker shall have 60 days after receipt of notice in which to correct the stated deficiencies. The County may terminate this Agreement if the Caretaker is either hospitalized or relocated to a ru.rrsing home or similar care facility for a period of greater than one year.

6. Miscellaneous.

a. The County shall be solely responsible for maintaining such insurance as it deems appropriate on the Property. Caretaker shall be solely responsible for maintaining such insurance as he deems necessary or appropriate on his personal property within the Residential Area.

b. Caretaker indemnifies the County, its directors, officers, employees and agents against any and all costs, claims, losses or liabilities for personal injury or property damage arising from or in any way related to willful misconduct by Caretaker or his negligent acts or omissions in his performance of the Services or occupancy of the Residential Area.

c. At the conclusion of the Term, whether by expiration or earlier termination, Caretaker shall leave the residential structures "broom clean" and otherwise in the same condition as at the time of the purchase of Jones Pier, normal wear excepted/accepted.

d. Upon expiration of Ken Kennedy's lease ("Kennedy Lease") over the palm plantation area of the Property, the County will control the area currently subject to that lease. The County shall have the ability to begin management and restoration activities on that portion of the Jones Pier property. The County is required to be able to open that portion of the property to the public after a five year period. Caretaker shall retain exclusive use of the Residential Area, provided that this Agreement is still in effect. The County shall have the right to access the palm plantation area via the roadway Seminole Trail (Platted County Road Right-Of-Way) which runs north off of the easternmost end of Morningside Drive (which runs east off of Jungle Trail which is to the west and runs north and south parallel to Seminole Trail) into about the mid-point of the subject property.

e. Caretaker may allow one of the residential structures within the Residential Area to house a helper, nurse or caregiver of some kind for Caretaker, provided that any such arrangement terminates

132

when the Caretaker Agreement terminates. Any such use shall be as a licensee and not as a tenant or lessee. Any fees collected shall belong to the County but may be used by Caretaker for the maintenance and upkeep of the Property. Caretaker shall keep a record of fees collected and expenditures of these funds and shall provide this record to the County annually.

f. During the term of this Agreement, the Caretaker shall use the Residential Area for a private, single-family residence, and for no other purpose. Caretaker shall not use the premises or any part thereof, or permit the same to be used for any illegal, immoral or improper purposes; not to make or permit to be made, any disturbance, noise or annoyance whatsoever detrimental to the pre.mises or the comfort and peace of the inhabitants of the vicinity of the Residential Area.

g. Caretaker agrees that the Residential Area is being licensed "as is" and that County makes no warranty or guarantee of the condition of the Residential Area or any of the improvements. Caretaker is fully familiar with the Residential Area.

h, Caretaker shall comply with all of the lawS,-rules, ordinances, and regulations of the County, State and Federal Governments, and agencies regarding the use of the Residential Area. Violation of any law, rule, ordinance or regulation may result in immediate termination of this Agreement .

i. The Caretaker shall pay within time allowed for payment without penalties, all charges for water and electricity and all other public utilities which may arise from the Caretaker's use of the Residential Area. Tue Caretaker agrees to hold the County hannless from any interruption in the use and services of such commodities.

j. Caretaker shall not assign, sublease or transfer any part of this Agreement without prior written consent of the County, which may be withheld for any reason. The County shall have the right to assign this Agreement. This Agreement is entered into with the knowledge that Caretaker is married and, in addition to Caretaker himself, one adult and no children shall reside in the house. Temporary visitors are permitted. No additional residents, except for the helper, nurse or caregiver as permitted by subparagraph f, whether permanent or temporary shall be permitted to move into the residences during the term of the Agreement without County's written consent. Caretaker shall not mortgage the Residential Area or any portion of the Property. The County acknowledges that the Property has been Caretaker's home for all of his life and it is the intent of the County, through this Caretaker Agreement, to allow Caretaker to remain on the Property pursuant to the terms and conditions of this Caretaker Agreement. To that end, the County shall pursue all reasonable means with Caretaker to resolve any conflicts regarding this Caretaker Agreement.

k. After the Closing on the acquisition of the Property, Indian River County intends to apply to the Florida Bureau of Historic Preservation for designation of the existing house, homestead portion of the Property, and the southernmost dock (herein collectively "Historic Structures") loca:tedon the Property as a State Heritage Site. The Historic Structures may also qualify for inclusion in the National Register of Historic Places. The Caretaker agrees to cooperate with Indian River County in connection with: (i) the foregoing applications and (ii) obtaining and locating the associated historic signage and markers. Seller acknowledges and agrees that each of the foregoing designations will place certain use and other restrictions on the Historic Structures including, without limitation, those

133

restrictions included in the Code of Federal Regulations, Title 36, Part 68 the Secretary of the Interior's Standards for Treatment for Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, as the same may be amended from time to time (the foregoing collectively "Historic Restrictions'').

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

CARETAKER

COUNTY

BOA._lill OF COTJNTY COMMISSIONERS OF INDIAN RNER COUt-./TY, FLORIDA

of Court

ij I APPROVED AS TO FORM \ AND LEGAL SUFFICIENCY

~--1✓-J,:J'·~ /r ~ 7 MARIAN E. FEL\.f /-".o,SSISTANT COUNTY ATTORNEY

134

Exhibit "A"

North 16.5 acres of the South 33.0 acres of Lots 8 and 9 less 75 x 100 foot lot at NW corner. Tax ID:# 31-39-36-00000-0080-00004.0

and

Lot in NW corner ofN. 16.5 acres ofS. 33.0 acres of Lots 8 and 9. Tax ID:# 31-39-36-00000-0080-00005.0

135

This Instrument Prepared By: Pattie J. Scott Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OFTHESTATEOFFLORIDA

SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL AND MODIFICATION TO REFLECT CHANGE IN UPLAND OWNERSHIP

BOT FILE NO., 310025634 PANO., ____ _

TIIIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of

Florida, hereinafter referred to as the Lessor.

WITNESSE1H: That for and in consideration of payment of the annual lease fees hereinafter provided and the

faithful and timely performance of and compliance with all tenns and conditions stated herein, the Lessor does hereby lease

to Indian River Cowif.v Florida, hereinafter referred to as the Lessee, the sovereignty lands descnl>ed as follows:

A parcel of sovereignty submerged land in Section J.§. Township .ll.fumtb, Range™ in the Indian River, Indian River Counfy. containing 1 646 square feet, more or less, as is more particularly described and shown on Attachment~ dated November 21, 2000.

TO HA VE THE USE OF the hereinabove descnl>ed premises from September 19 2008, the effective date of this

modified Lease renewal, through October 15, 2012, the expiration date of this modified lease renewal The terms and conditions

on and fur which this modified lease renewal is granted are as follows:

1. USE OF PROPERTY: The Lessee is hereby authom.ed to operate an existing 3-slip docking facility with a nonwater dependent tool shed located within disclaimed area exclusively to be used for mooring of transient vessels in conjunction with an upland fruit (Citrus) sales mth2Y! fueling filcilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health. whichever agency bas jurisdiciion, and without liveaboards as defined in paragraph 23, as shown and conditioned in Attachment A All of the foregoing subject to the remaining conditions of this lease.

2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of $459.97, plus sales tax pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of the date of receipt of the invoice. The annual fee for the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18--21.011, Florida Administrative Code. The State of Florida Department of Environmental Protection, Division of State Lands (the ''Division") will not.ify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division as agent for the Lessor.

[06]

ATTACHMfffT 2

136

3. WET SLJP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A) Toe Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2) above, including the income, as defined in subsection 18-21.003(31), Florida Administriltive Code, derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6%) of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011, Florida Administrative Code, for any lease year during the term of this lease, the Lessor shall send the Lessee a supplementa, invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the leased docking fucility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder.

4. LA TE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve percent (12%) per annum, calculated on a daily basis for every day the payment is late.

5. EY..AM1NATION OF IBSSEE'S RRCQRDS: For pUI'p"..ses of this lease renewal, thel.es..."'Of is.hereby specifically authorized and empowered to examine, for the tenn of this lease renewal including any extensions thereto plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above.

6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i)gross revenue derived directly from the use of the leased premises, (it) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the entire term of this lease renewal plus three (3) additional years. This period shall be extended fur an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor.

7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein ( e.g., from commercial to multi-family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, :from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, :from loading/offloadmg commercial to rental of wet slips, etc.); (h) change activities in any manner that may have an environmental impact that was not considered in the original authori2.ation or regulatol}' permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment J! without first obtaining a regulatory permit/modified permit, if applicable, the Lessor"s written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease.

8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further proln"bited :from making any claim, including any advertisement, that said land, or the use thereof; may be purchased, sold, or re-sold.

Page ....2.... of _li_ Pages Sovereignty Submerged Lands Lease No. 310025634

137

9. INTEREST IN RlPARIAN UPLAND PROPER'IY: Dming the term of this lease renewal, the Lessee shall maintain the interest in the riparian upland property that is more particularly described in Attachment D. and by reference made a part hereof together with the riparian rights appurtenant thereto, and if such interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/ortennination of the Lessee's interest in the riparian upland property, the Lessee shall inform any poteritial buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute and documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the tenns and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act.

10. ASSIGNMENT OF LEASE RENEW AL: This lease renewal shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent Such assignment or other transfer shall be subject to the terms. conditions and provisions of this lease, current management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect

11. INDEMNIFlCATION/INVESTIGATION OF ALL CLAIMS: Toe Lessee shall investigate all claims of every nature arising out of this lease at its expense, and shall indemnify, defend and save and bold harmless the Lessor and the State of Florida :from all claims, actions, lawsuits and demands arising out of this lease renewal.

12. ~ L-essee waiv.e-s venue as to.any litigation arising from matters relating to this lease.renewal and-any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.

13. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itselt its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be tenninated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-descn"bed parcel ofland shall revert to the Lessor. AU costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address:

Indian River County, Florida Attn, County Administrator 1801 27th Street, Building A Vero Beach, FL 32960-3388

The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective.

14. TAXES AND ASSESS:MENTS: Toe Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property dwing the effective period of this lease renewal.

15. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises.

16. MAINTENANCE OF FACILITY /RIGHT TO INSPECT: The Lessee shall maintain the k,a,ed premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time.

Page .2.... of _!L Pages Sovereignty Submerged Lands Lease No. 310025634

138

17. NON•DISCRlMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease renewal or upon lands adjacent to and used as an adjunct of the leased area. Owing the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises of adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease renewal (including any extensions thereot), to notify the Lessor in writing. so that a replacement may be provided.

18. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision. nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches.

19. PERMISSION GRANTED: Upon expiration or cancellation of this lease renewal all permission granted hereunder shall cease and terminate.

20. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regu]ations in effect at that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof The term- of any-renewal granted by the Lessor shall commence on the last day-of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease renewal shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment D, which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in title or successors in interest

21. REMOVAL OF STRUCTURES/ADfyDNISJRATIVE FJNES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease renewal, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 13 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regu]ations including the right to compel removal of all structures and the right to impose administrative fines.

22. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY· Subject to the noticing provisions of Paragraph 21 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment§. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law.

23. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease renewal in its entirety in the public records of the county within which the lease site is located within fourteen (I 4) days after receipt, and sha11 provide to the Lessor within ten (1 O) days following the recordation a copy of the recorded lease in its entirety which contains the O.R. book and pages at which the lease is recorded.

24. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days ftom the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease renewal agreement and sha1l be grounds for immediate termination of tbis lease renewal agreement at the option of the Lessor.

Page _A_ of _lL Pages Sovereignty Submerged Lands Lease No. 310025634

139

25. AMENDMENTS/MODIFICATIONS: Thls lease renewal is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease renewal must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided tbat (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size ·of the lift does not increase the mooring capacity of the docking facility.

26. ADVERTISEMENT/SIGNS/NON-WATERDEPENDENT ACTIVlTIES/ADDmONALACTIVITIES/MINOR STRUCTURAL REP AJRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authoriz.ed structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthomed and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18~14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement

27. COMPLIANCE WITH FWRIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor.

28. LlVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six ( 6) months within any twelve (12} month period, nor shall any such vessel constitute a legal or primary residence.

29. GAMBLING VESSELS: During the term of this lease and any renewals, extensions. modifications or assignments thereo~ Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an inteivening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to <:any passengers to and from such gambling cruise ships.

30. SPECIAL LEASE CONDITIONS: Should a field survey acceptable to the Lessor be required or obtained after the effective date of this lease, the annual lease fees due hereunder shall be adjusted to reflect the in.crease or decrease in the total preempted area shown by the sU1Vey. Any such adjustment shall be effective from the date of the acceptable survey and shall be prospective only. No reimbursement or credit shall be given to the Lessee by the Lessor for overages, and no charge shall be imposed by the Lessor for shortages unless the error resulted from inaccurate information supplied by the Lessee.

Page ..i.. of _IL Pages Sovereignty Submerged Lands Lease No. 310025634

140

WITNESSES:

Print/I'ype Name ofW'rtness

Original Signature

Print/I'ype Name of Witness

BOARD OF TRUSTEES OF TIIE INTERNAL IMPROVEMENT TRUST FUND OF TIIE STATE OFFLORIDA

(SEAL)

BY:-----------------1effi:ry M. Gentry, Opetalioos and Management Consultant Manager, Bureau of Publi<: Land Administmtion, Division of State Lands, State ofFlorida Department of Env.iromnental Protection. as agent for and on behalf of the Boan! of Trustees of the Internal Improvement 'Irust Fund of the State ofFlorida

''LESSOR" STATBOFFLORIDA COUNTY OF LEON

The foregoing imtrumentwas acknowledged befure me 1his ___ day of~=-------~_20___. by Jeffery M Gentry Qrr;ratjpps ttnd M'anage:mMt: Copsultant Manager Bureau of Public Land Admirii§lpltinn Division of State T anml. State of F]orlda P,rertrneyt of R-nvmmmP.Otal Protection, as agent fur and on behalf of the Board of Trustee!!! of the Jntema) Jnmmyemegt Tolst Fund ofthe State of Florida, He is pmsonally known to me.

APPROVED AS TO FORM AND LEGALITY:

DEPA.-ey.

WITNESSES:

Original Signalllre

lypedlPrinted Name ofWitnoos

ATTEST: J.K. Barton, Clerk

By-------,---------Deputy Clerk

STATEOFcF~LO=RI=D~•"----

COUNTY OF INDIAN RIVER

Nottay Foblic, State of-Florida

Printed, T)'ped or Smmped Name

My Commission.Expires:

~sion/SeriatNo, ___________ _

Indian River County Florida (SBAL) By its Board of County Commissioners

BY~--c--c--c,-----,,,--,,-c-c-c------Original Signature of Executing Au!hority

Bob Solari

T)'ped/Printed Name of Executing Au!hority

Chairman 1ltJe ofExeouting All111ority {Approved by the Board March 22, 2011)

"GRANTEE"

The mregoing insCnunent was acknowledged before me this ___ day of--;,:--,c--=-=---='20___, by Bob Solari, ,.as~ forandon behalf of the Board of County Ccimmillsioners of Indian River County Florida. He is personally known to mo or who has produ.ced _________ J a.1 ideD1:i6catio,-

My Commission Expire$:

Commission/Seri No~-----

Page ..L of ...ILPages Sove:reigllty Submerged.land Lease No. 310025634

Signature ofNotaty Public

Notary Public, S1ate of~Fc,lc,oecrccids,ae.... _______ _

Printed, T)'ped ar Smmped Name

Approved~ sufficiency,

County Attorney ----1.. ( I(..,,,..., nvJLisS<f ~- 1 t\">">I • o. . (

141

_.,.•.•.-•--···~~cl'll"··~ .,,~.,-. ..,,.,,,·• '}"""•''"'CtllF11TalF>'''''i: }-,, ,., J! ' a i. "'.-i

.•,(-:-~.·:,_· '<-•Paltiv•1:5rt:1'd'~n 't;-:,-,-, .-,.\t,. ,:•;a::5'.;;{,

~, F.eather'Patm..,.- ~,.,: ,· A-- · ·., ~ · 1/. \ __ .. _-·,,-Pa,

' .,~.,,~;,i<esideso,,' ,., ,C,.l>la.V"t"'Sq,,,,,,,:

fl .. ,s'Sf~%':')l.'"o~,,,.J,,,.: .• , ,tf l ••

0 ::iL.,:,._ ... _i"<

;t.

'.~~~, .. __ . _ . :i:.~~~~~~~t~:€~e~~!~:~;f::i::51 Indian River County, Florida, 7770 Jungle Trail, Wabasso, Florida

Section 31, Township 31 South, Range 39 Eas~ in the fudian River Quad No. 199A, dared 1983 m Vero Beach, Florida

Attachment A Page 7 of 15 Pages SSLL No. 310025634

142

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~~~ r-"' ., r- (l> 0 z 00 ::r Q O 3 • - (l> w ...... a. ~ 01 )>

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LEGAL DESCRIPTION , AREA OF LEASE SITUATED IN THE STATE OF FLORIDA, COUNTY OF INDIAN RIVER AND BEING A PART OF THE SOUTH 33 ACRES OF GOVERNMENT LOTS 8 AND 9 SECTION 86, TOWNSHIP 31 SOUTH, RANGE 89 EAST AND BEING MORE PARTICULARLY DESCRIBED AND BOUNDED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF THE RIVERSIDE ESTATE SUBDIVISION 'AS RECORDED IN PLAT BOOK 5 PAGE 50 OF THE PUBLIC R,ECOR[IS OF INDIAN RIVER COUNTY, FLORIDA. THENCE N 87°86'41"' WA DISTANCE OF 158.27 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE N

. 86°42'29" WA DISTANCE OF 10.00 FEET TO A POINT; THENCE N 3"17'81" EA DISTANCE OF 151.50. FEET TO A POIN'fl; THENCE·$

. 86"42'29" EA DISTANCE OF 16,00 ·FEET TO A POINT; THENCE S 8°17'81" WA DISTANCE OF 21.85 FEET TO A POINT; THENCE N 86°42' 29" WA DISTANCE OF 6.00 FEET TO A POINT; THENCE S 8"17'81" WA DISTANCE OF 129.65 FEET TO THE POINT OF BEGINNING.

SAID PARCEL CONTAINS 1646.10 -SQUARE FEET MORE OR LESS:

DANIEL If. TALBOTT V PROFESSIONAL SURVEYOR AND MAPPER

2115 14TH AVE. VERO BEACH FLORIDA 32[}60

'561) 56B-8884 FAX (561) 564-2071

~!iEET?0F2

LEGAL DESCRIPTION FOR

AREA OF LEASE LOCATED IN THE

INDIAN RIVER LAGOON

EXHIBIT •o• FILE JDNBS I.EC

DA7'.B '.DRl'N B~K1.i- BY B/00 LT DWT

0

-~

------------

U7

c..o

"T

Attachment A Page 9 of 15 Pages SSLL No. 310025634

144

. ' \ '

' .t

AREA OF LEA~E

NOT TO SCALE

PO/NJ' OF B8UJNN1NC

,,_. ,-1

INDIAN RIVER LAGOON

it21 I ..... I I ·~ I /:tj ' •E,..;1 '

- ! I I . I I. I • !""II ·• ic3 !

1

...... ~N, c_,, ,"'i!..,,_ ·--·., O'." T" r:::>:

•r.o s {:?j}S t . ::l (i- .,,.,~~~ _,,! Q;- i!§

~

"" ,.,, ... LINE TABLE · pc: .

L-1 N 87•1J6'41" 1Y 158.27' ~L. -L-2 N 86•42•2s• w 10.00' L-li N lrt7' 31" E 161.50' L-4 S 86'42' 49" E 16,00' L-5 S 3'17' 31" 1Y 21.86'

-L-6 N 86' 42' 29" 1Y 6. 00' L-7 S 8"17' 81" 1Y 129.65'

PD/NT OF COJ!JIBNCEJIEN'f

RIVFJRSIDr ES1'.1TES SYD T BOK 5 P GE 5

3 5 7

p_

9

I~ '. MORNINGSIDE DRIVE I r---: --- --- ------- - ---_ ·_:<tiC

SHEET 1 OF 2 -__ f _I if, J.f:Jr!J~Y~ I rr • A" I . -_. . :. c'#Ji"ii;~~

--~- -~~~-~ •.. ~~~~ THIS SKE'l'Cll: IS NOT A SURVEY

DANIEL W. TALBOTT V SKETCH OF PROPERTY I EXHll PROFESSIONAL SURVEYOR AND MAPPER DESCRIPTION FOR /Fr,

2115 14TH AVENUE AREA OF LEASE VERO BEACH FLORIDA 82960 LOCATED IN THE

'581) 569-8884 FAX (561) 564-2071 INDIAN RIVER LAGOON [11/00I LT --·--- - ·~-

m~ I~

<('° 0 ~~

'Elf-('!') Q) 0 . E o o .<: ~ z gm:J :;; !if(/) ~ a. (/)

LO ""d" ..-

ii• fi!

BOARD OF TRUSTEES:OF THE.INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF ·FLORIDA . ·;-

DISCLAI~R·

Noc 30481 (4924-31)·

THIS riISCLAIMER made . by . and bet.ween the. BOARD OF

TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FONi:> OF ·THE STATE OF

· FLORIPA -as Crantor, and Richard· M. JoI_J.es · and ~ry E. Jones, · his

wife, a9 tenants by the.entireties, as·Grantees;_ ·

WITNESSETH," that the Board of Trustees ·Of the Internal

Improvement Trust Fund of the .State··of "Flo~icia pursuant to the

provisions of Section ·2s3.l29, Florida ~tatutes,_ subject to any . . . .

inalienable trust unde~ Which .the· State holds.such .lands,' has

:celease.d,.- rE:.D:nquished, sur.J;:aTi4e~-ed-·ilnd di-se-laimed, and- by. th~e

presents does hereby rel~~se, .reiinquish; surren~er,- and disclaim

to said Grantees, whose addre~s is Post" Office Box 94, Wabasso,.

_FlOrida 32970-0094,_ their heirs anQ aSs_igns, any and al.1. right,

title or interest, _in ap.d to. the_ f:ollowing described,, parcel of

la.Ila located in"Indi~n ~ve~ County, Fl_orida, to-wit:

\

SQbmerged lands.of Indiall·River_Lagoon situated adjacent to a part of the South 33 acres of Government Lots 8 · cind 9·,_ Section :36, 'l'Own~hip 31·· South, 'Range 39. East .and ·]?eing more particularly described and boun~ed as follows·:

_.Co~ep.ce _at the: N~rthwest· corner· of Lot 1 o·f the ·Riverside Estate. Subdivision. as recorded in. Plat· Book 5-, Page 50 of the Public Records of Ind.fan River·.Cowity, F_lorida~ Thence N 28!234'48" W a distall.c_e _of ·99~91 ·feet tO a Point,·: saig.··point beginning' the Point

· of Begiililiilg; ·thence· N ·a6.!!42 1 ·29n W a distance Of 69 .. 50 feet to a · Point; thencie S 3!217-'31"-· W a distance 54.So· feet· to a·.point; thence·1r:a6 2 42 1 29".W a·distailce of 5,50-:feet to a pc\>int; thence N 3•1.7-•31•·E_.a distance·of 54.50 -feet to a point; t_hence

-N 86•42'29" W a distance--of 13,31J .feet .to a po,int; thence S '.P'17~31" W.a distance of 6.6·0 .-J;eet to_ a pdint;· .thence N 86 2 42'29•

·w_ a distance of 17 • -00 feet to: a point; thence S 3-"'17'31" W a :distance· of.71.40 feet· to a point;· thence··"i-:J" ·a611-42'29" W a ·aistance·cif 6.0o" feet ·to_a.PointJ .therice N J!:il7'3l"·E a distance of 129.65 ·{eet to a 11oin_t·; thence S 86•42'29".E;, distance.of

Attachment B Page 11 of 15 Pages SSLL No. 310025634

146

. ,, ,/,

6.0Q fe~t to· cl poi~t;. thence S. 3~17'31" W. a· distance .of 30.15. feet to a-'p.o_;int;_ .thence ·s •8-6°_42'29"·E- _a distarice of 11.10 feet to

. a point; ·thenqe S -49_0 08~ 09'' E a distance of 9.02- feet. to a point; .... thence s 3°17'·31':. W a distance·of·s.so·.feet·to a· point; ·the.nee S · 86°42' 2~" E .a_ di's_tanc~ o·:f· .13_ :so feet t~ ·a ·point;·. thence .N 3°17'31'' E ·a distance of· 45.20 feet -tQ· ·a point;· thence .s 86°42'29" E"a.d.:i.stance·of·.4.20 feet to-a point; thence S 3°17'31"

.w a dist.anC.e of ·45.20 feet ·to a :point; thence S 86°42/29" E a .dis.tance· 6f 70 .. 30 feiet tq _a· point; thence ·s 3°17'.3"1".' W a distance· of 6. 45 feet to a poin_t said point· being the Point of Beginning.

-'Containing 2.300 square f_eet .oi:-. 0.05_ ac~es, ·more or lE;?ss •

. .:..; .

,,

Page 2 of-3 Trustees.' Disclaimer NO. 30_481(492.4-·3~)

\


147

,, •I• 11, ,, ,.

~ T~S;IMONY- ~~OF, ·the ~~mbers. ~f- the" Boa+d of Trustee.s

of the In~ernal · Improvement Tru~t Fund · of ·th~· State of Fl0ri¢1a.

have hereunto subscrib~d their ~runes and ha~~ catiSed the official

seal.of said Board of· Trustees of.the Internal ~rovement_ Trust

Ftmd.of. the.State -of Floiida to be hereunto.affixed in. the·CitY of . ;,)I... ···a'-,_/

· Tallahas~ee, Florida, . on· this . the.£ ._da~ of ..... -d~ A.D., 2000.

. · .. ·• Apptv,ed As To :arm& Legaiity

. · DEP~~ey~ .

· This Instri.unElI].t Prepared· by Kathy· Miklus · Department · of Envirc:inni.entcil .·

PrptectiOn · · ·: ·_-=3·900 <;onmoilw~alth: Boulevard_

· .:.-Tallahasse.~, Flqrida_ ··323_99


· Page 3 of 3

·. Tom Galla -coromissioiler _0f Education

·As and constituting the Board Of Trustees-of ·the Internal _Impr0vetn.en~ Trust FUI_ld of the State.of Florida

. Trustees' Disclaimer. N9 .. 30481 (4924-31)

·,

148

.J.:>',.0VV4 tu!.1,.;Vl'<UJ!.lJ .LN ·.1•Hf!: RECORDS OF JEFFREY K

Riv:elR CO FL, BK: 2292 PG: 2170, 09/19/2008 $47250.00

BARTON, CLERK CIRCUIT COURT INDI~ 03:52 PM DOC STAMPS D ~

THIS INSTRUMENT PREPARE') BY AND RETURN·TO: .

"'"""'lid, UC , ~ 4700NWBoca.RatO'IIBlvd #B-20l LJ Booa Raton, fl334JI . Properly Appraisers Parcel Identif1cation (Folio) Numbe~ 31-39-36-00000-00S0-00004,0 and 31-39-36--000 080-00005.0

WARiiANTYDEED t THIS WARRANTY DEF.D. made the 19th day of September, 2008 by Wehard M. Jones, and Mary E. Jone1, husband and wife, eaCh a1 to an undivided one-half(½) Interest as tenants In common whose address is P. 0. Box 94,Wabasso, Florida, 32970 herein called the Grantor, to Indian River County, a political subdivision of the state of Florida, whose post office address is 1840 25111 Street, Vero Beach, Florida 32970, hereinafter called the Grantee: (Whmve,- used herein tne terms "Grontor" and HGrantee" include all the pa to in.is ltutrutnent and the heirs. legal representatives and assigns o/tndlvldua&, ond /he SUCC£$.JOTS and assigns q/ car. TIS)

WITNESS ETH: That the Grantor, for and in considemti fthe swn of TEN AND 00/100'S ($J0.00) Dollars and other valuable considerations, receipt whereof is bercb a wledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee a at certain land situate iri INDIAN RIVER County, State ofFlorida, viz.: ~

The North 16.5 acres of tbi South 33 aeres of Gov :n nt Lots S and 9, Section 36, Township 31 South, Range 39 Ent, all lybig and beJng in lndJ. an v County, Florida. Le11 right of way for Jungle Trail survey b&1eUne per maintenance map as_ r _ l.9 J,"1.~t :QoQk g~ page 40,. Pu.blk Recnrd!!..of lndiari River County, Florid~. fl-Subject to easements, reatrletlOns snd ons of reeord and taxes for the year 2008 and thereafter. ·

TOGETHER, with all the tenemenz, itaments and appurtenances thereto belonging or in anywise appertaining,

TO HAVE AND TO HOLD. the sam n fee simple forever.

AND, the Gran tor hereby covenants with said Grantee that the Grantor 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 tree of all encumbrances, except taxes accruing subsequent to December 31, 2007.

JN_ WITNESS WH~, the said Grantor has signed and sealed these presents the day and year first above

written. i

f' ~•No., INDIANRl


149

·~- L..L/..L

itness #2 Signature

-:P...,, I~ S 1/A;n,e Witness #2 Printed Name

STATE OF FLORIDA COUNTY OF INDIAN RIVER

Richard M. J nes as to o interest by Jack C. Metz,~to · ey- In- Fact per Durable Power of A ey dated 10/03/2007

'Cl'\.......--,_ 'o~ 6', ~ <:.::-.--j>-, Vl?;s;;:,.

~;,..,. -4,,,..,= Mary E. Jones as to one -half (¼)interest by Jackie Clayton Metz, as Attorney- in- Fact ~~able Power of Attorney dated

l 07

The foregoing instrument was ac~owledged .•. efore me ~is t <lay of September. 2008 by Richard M. Jones as to e -half ( ½) Interest by ack C. e z, s Attorney- In- Fact per Durab er of Attorney dated 10/03/2007 &lld a . ones as to ode -haJf ( ¼) liitetest -

by Jackie Clayton Metz, as Attorney · - Fact r urable Power of rney dated 10/15/2007 who is personaUy known to me or bas produced cl.entificatian.

r PitoNo, INDIANRl


SEAL-~

~DA Notary Public NOTARY pUBUC-ST - .

1 . Frances DaS1 va •t,;;;;;;;;;«i"'1'1,95£4061 ~eomm1ss1 7

• Expires: 07/04/2010

150

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION and UTILITIES DEPARTMENT 1801 2ih STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562

MEMORANDUM for CONSENT AGENDA

TO: Joseph A. Baird, County Administrator

THROUGH: Christopher R. Mora, P.E., Public Works Director Q,-.;v · FROM: W. Keith Mc:Cully, P.E., Stormwater EriP,ineer ~ and also THROUGH: Erik W. Olson, Utilities Director~ ~

SUBJECT: APPROVAL OF CHANGE ORDER NO. 1 TO WORK ORDER NO. PCS-1 WITH HYDROMENTIA, INC. for a PILOT ALGAL TURF SCRUBBER® (ATS™) SYSTEM FOR NITROGEN AND PHOSPHORUS REMOVAL FROM STORMWATER AND THE TREATMENT AND REUSE OF REVERSE OSMOSIS REJECT WATER


INTRODUCTION

On September 7, 2010, the County Commission approved Work Order No. PCS-1 with Hydromentia, Inc. This project is an algal turf scrubber pilot plant study for a future full-scale algal turf scrubber (ATS) system adjacent to the Indian River Farms Water Control District's (IRFWCD) South Relief Canal. On February 7, 2011 the Florida Department of Environmental Protection (FDEP) executed a $250,000 legislative grant that will fund fifty percent of the pilot plant study and the Change Order. The Work Order's original cost is $188,000 with a $4,560 contingency for additional toxicity testing. The purpose of this agenda item is to request the County Commission to approve Change Order No. 1 to Work Order No. PCS-1 to account for additional toxicity testing not covered by the $4,560 contingency.

As you will recall, data from the pilot plant study is being used by the Utilities Department to determine if an ATS system might be used to dilute and treat

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Change Order No. 1 to Hydromentia, Inc. Work Order No. PCS-1 PC South, Phase 1 BCC Meeting - March 22, 2011 - CONSENT AGENDA March 11, 2011

reject water from the South County Reverse Osmosis (RO) Water Treatment Plant. The Utilities Department is under a consent order from FDEP to remove its South County RO brine concentrate direct discharge from the IRFWCD's South Relief Canal. It must provide FDEP with a recommended solution to the RO reject water disposal problem on or before April 25, 2011. After much deliberation and careful thought, the Utilities Department is considering two treatment/ disposal options for the RO brine: dilution, treatment, and reuse by an ATS or disposal by deep well injection. The ATS is the preferred treatment and disposal alternative.

The Public Works Stormwater Division will use the ATS pilot plant data to design a full-scale algal turf scrubber system that will remove dissolved nitrogen and phosphorus from the canal water and the RO brine. Stormwater Division proposes to·construct a ten million gallon per day ATS facility south of the South Relief Canal on County owned property west of Old Dixie Highway. The built-out ATS is expected to be about the same size as the one operating at Egret Marsh Stormwater Park, however phased construction may be necessary due to budget constraints.

Based on staffs experience with the Egret Marsh ATS, we are confident it will remove considerable amounts of dissolved nitrogen and phosphorus from the South Relief Canal water and the RO brine. The drainage basin it will treat is approximately 12,500 acres. The facility will produce an algal crop that when harvested, has many potential uses. Matthew Van Ert, PhD., is a nationally recognized expert in biochemistry and based on his experience with algal oil production and literature reviews, he believes Egret Marsh's ATS is one of the few installations producing gallon-scale algae oil samples. The Norwegian oil company Statoil has contracted with Dr. Van Ert to research the potential for bio-fuel production using Egret Marsh's algae oil. Other companies have expressed interest in the algae for paper products, animal feed, and bioplastics. The US Department of Agriculture is examining Egret Marsh's composted algae for use as high quality compost for plant nurseries. The algae may also be converted into methane gas and used to produce electricity to help offset system pumping costs with compost as a byproduct. As you can see, there exists a possibility to develop a cottage high tech research industry centered around Egret Marsh and the proposed PC South facility. The fullscale PC South ATS is expected to produce as much and probably more algae than the Egret Marsh ATS. Another useful function of the project is to produce irrigation quality water that can be used in an area where none has existed to date.

In addition to its ability to remove dissolved nutrients from polluted water, the ATS has the potential to treat the Utilities Department's RO brine and create

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an asset from a liability. This resource utilization option is much more desirable than blindly injecting the RO brine solution thousands of feet below ground surface into a poorly understood and unmapped geologic strata where it is impossible to confidentially determine the solution's final resting place.

CHANGE ORDER NO. 1

Work Order PCS-1 covers six months of pilot plant operation using a canal water to RO brine solution ratio of 10:1. The pilot study began January 17, 2011 and is producing excellent results, verifying anticipated dissolved nutrient removals and showing survivability of all test organisms in the 10: 1 canal water/ RO brine mix.

It appears that FDEP's primary concern regarding mixing canal water and RO brine and discharging the treated mix back into the canal is potential toxicity of the mix to aquatic organisms that may live in the canal and Lagoon. The canal flows can decrease considerably during the dry season and if the canal flow falls below ten million gallons per day, the mix's RO brine concentration will increase, theoretically increasing the mix's potential toxicity. Change Order No. 1 was prepared to address potential FDEP toxicity concerns during low canal flow events. Change Order No. 1 reduces the mix ratio from 10:1 to 1: 1 (canal water to RO brine) for twelve weeks. From a practical perspective, this mix ratio represents a worst case scenario. Over fifty years of US Geological Survey (USGS) South Relief Canal flow data indicates that canal flows were lower than needed to provide a 1: 1 mix for only eight or nine discrete events, each lasting about three or four days or Jess. After running the pilot ATS for twelve weeks at the 1:1 mix, the ratio will be adjusted back to the 10:1 mix and Work Order No. PCS-1 will be continued.

The amount of Change Order No. 1 is $15,165. Of this amount, $11,250 is for laboratory toxicity test analysis, $1,575 is for sample shipping and icing, and $2,340 is for labor (sample collection, preparation, etc.).

Part of the project's funding will come from an FDEP $250,000 legislative grant (Contract No. LP31010). The grant will be invoiced for fifty percent of the Change Order cost. The balance of funding will be supplied by the County Utilities Department.

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Change Order No. 1 to Hydromentia, Inc. Work Order No. PCS-1 PC South, Phase 1 BCC Meeting- March 22, 2011 - CONSENT AGENDA March 11, 2011

RECOMMENDATIONS

Staff recommends the following:

1. The Board of County Commissioners approve Change Order No. 1 with Hydromentia, Inc. for the twelve week pilot ATS study using a 1:1 canal water to RO brine mix, for a lump sum fee of $15,165, and authorize the Chairman to execute it on behalf of the County; and

2. The Board of County Commissioners approve a $10,110 contingency fee in the event up to two each additional acute and chronic bioassay tests are required. (The cost for these toxicity tests is greater than the cost for the Work Order No. PCS-1 toxicity tests because different test procedures are required that use different test organisms suitable to an estuarine/marine environment rather than a freshwater environment.)

If both items are approved, the total authorized expenditure will be $25,275.

FUNDING

Change Order No. 1 for additional testing using a 1:1 canal water to RO brine mix has a $15,165 lump sum cost. The requested additional toxicity testing is $10,110 for a total amount of $25,275. The account number is 472-1690000 08511 and funding sources are:

1. Legislative grant Contract No. LP31010. The grant will be invoiced for fifty percent of the project cost.

2. The balance of funding will be provided by the County Utilities Department's South County Concentrate Disposal Project - Utilities Department Account No. 472-169000-10513.

ATTACHMENTS

1. Change Order No. 1, executed by Hydromentia, Inc. (one copy)

DISTRIBUTION

1. Christopher R. Mora, P.E., Public Works Director 2. Erik W. Olson, Utilities Director 3. Budget 4. County Attorney Office

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. APPROVED AGENDA ITEM

FOR 3/22/2011

Indian River Coun

Administration

Bud et

Le al

Utilities

Public Works

Storm.water Engineering

i-lf-2PII

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155

CHANGE ORDER NO. 1

DATE OF ISSUANCE:

EFFECTIVE DATE:

OWNER: INDIAN RIVER COUNTY CONTRACTOR: Hydromentia, Inc. PROJECT: Pilot Algal Turf Scrubber for PC South ENGINEER: INDIAN RIVER COUNTY

You are directed to make the following changes in the Contract Documents:

Increase/Decrease Item Description

in Contract Price

Operate the ATS pilot system using a 1:1

canal water to RO brine mix in

1.0 accordance with Attachment No. 1 $15,165.00

TOTALS $15,165.00

CHANGE IN CONTRACT PRICE Description

Original Contract Price Net increase/decrease from previous Change Orders

Contract Price prior to this Change Order Net increase/decrease of this Change Order

Contract Price with all approved Change Orders

CHANGE IN CONTRACT TIME (Calendar Days) Description

Original Contract Time for Final Completion Net increase/decrease from previous Change Orders

Contract Time for Final Completion prior to this Change Order Net increase/decrease of this Change Order to Final Completion

Contract Time for Final Completion with all approved Change Orders

Increase/Decrease in Contract Time (Calendar Days)

84.0

84.0

Amount

$188,000.00 $0.00

$188,000.00 $15,165.00

$203,165.00

Amount

168.0 0.0

168.0 84.0

252.0

156

ACCEPTED:

By:d CONTRACTOR (

Hydromentia, Inc.

(Name and Title ~J/~,.;/ CE~

Date: {f'/;ojztJ//

RECOMMENDED:

By: EN

P.E., Indian River County Stormwater

Engineering Division

Date: 3-14-201/

APPROVED:

By: OWNER: Bob Solari, Chairman, indian

River County Board of County

Commissioners

Date:

APPROVED AS TO FORM ANDClVJJJJY av\f~ · -' WILLIAM K. 0E8RAAL DEPUTY COUNTY AT'tORNEY

157

ATTACHMENT 1 TO CHANGE ORDER NO. 1

Request for Change in Work Order Cost

Work Order PCS-1 September 7, 2010

Pilot Algal Turf Scrubbe'® for PC South

Associated with Continuing Contract for Professional Services

Dated Ma[ch 15, 2005 . Amended March 4, 2008

Between

Indian River County, Florida

and

HydroMentia, Inc

Submitted March 4, 2011

158

Scope:

The PC South Algal Turf Scrubber® Pilot was implemented with the intent of determining the applicability of the technology to rneet targeted performance goals and identifying critical performance parameters to be applied to a proposed full scale Algal Turf Scrubber® system to be designed to provide 1) reduction and recovery of nutrients from the South Canal within Indian River County, as managed by the Indian River Farms Water Control District (IRFWCD) and 2) elimination of biological toxicity associated with a Reverse Osmosis (RO) Concentrate. The operational protocol orig in ally delineated for the pilot was to dilute the RO Concentrate with the water from the South Canal at a proportion of about 10% RO concentrate.

The pilot.investigation was initiated on 1/17/2011. Laboratory data to date provides indication that the system at the stated dilution does render the blended water non-toxic, and is effective in removing and recovering both nitrogen and phosphorus at rates within expected ranges. To this extent, the system appears applicable and appropriate for meeting the project intent at a 10% RO Concentrate, 90% Canal water blend

Based upon reviews by the County staff and HydroMentia of historical flow patterns within the South Canal in the vicinity of the proposed full scale facility, it was determined that flows within the canal would not always be sufficient to ensure the 90% dilution of the RO Concentrate, which is projected to have a constant flow rate of about 1 MGD. Consequently, it was decided that based upon the worst case low flow conditions within the canal of 1 MGD, that the most conservative dilution would be 1: 1, or 50% RO Concentrate and 50% Canal water. To accommodate this design feature, it was decided that the pilot system should be adjusted to receive a 1:1 blend, and assessed accordingly both in terms of nutrient removal and toxicity.

Because the shift in the influent blend will result in a significant increase in conductivity (salinity), it will be necessary to change the bioassay protocol from freshwater species (fathead minnows and daphnia) to marine/estuarine species (mysid shrimp and menidia minnows). To adequately assess the toxicity of this new blend, six additional bioassay tests will be required, using these marine/estuarine species. Three of these will be. acute tests, which if found non toxic, will be followed by three chronic tests.

Following about 12 weeks of operation under the new blend conditions, the system will be again returned to the 10% RO Concentrate blend, and planned chronic bioassay testing of the freshwater species will be completed. This revised program will not only allow assessment of the efficacy of the technology under these two conditions, but will permit assessment of performance during the transitional period associated with changes in blends, during which time the algal turf community will undergo ecological adjustments.

159

Change in Work Order Costs

Noted in Table 1 is a listing of proposed cost changes. The laboratory costs are from direct quotes from the pre-selected laboratory, Marinco Inc, of Sarasota, Florida. Hourly rates for HydroMentia labor is as listed within the existing Agreement between the County and HydroMentia.

Category Unit Unit Price Quantity Total Mysid/Menidia Each $ 850 3 $2,550

Acute Bioassav1

Mysid/Menidia Each $2,900 3 $8,700 Chronic

Bioassay Fedex for Delivery $65 3 $195

Acute Test Fedexfor Delivery $140 9 $1,260

Chronic Test2

Ice for Acute 20 lb bag $4.00 3 $12 Test

Ice for 20 lb bag $4.00 27 $108 Chronic Test

A Stewart Hour $135 6 $810 Labor

R Bazurto Hour $85 18 $1,530 Labor

TOTAL $15,165 1. Three acute tests need to be shown non-toxic before proceeding with

chronic testing. This request does not include costs of additional acute tests which might be needed.

2. Chronic testing requires delivery of 5 gallons of composited samples on Tuesday, Thursday and Saturday for each of the 3 tests. Samples need to be sent one day delivery in AM.

160


MEMORANDUM


ON HEAD CONCURRENCE

THROUGH: Sasan Rohani, AICP; Chief, Long-Range Planning

Consent Agenda

FROM:

DATE:

Bill Schutt, AICP; Senior Economic Development Planner, Long-Range Planning

March 15, 2011

RE: Consideration of a Request For a Local Jobs Grant

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its meeting of March 22, 2011.


As part of the Board of County Commissioners initiatives to improve the local economy, a package of economic development incentives was established in 1996 to attract new businesses to the county and to encourage existing businesses to expand their operations within the county. Included in that package of incentives was a local jobs grant program. That program, which was revised by the Board of County Commissioners in October 2000, December 2006, and March 2009, provides a financial incentive to businesses that create good paying, full-time jobs in Indian River County. Recently, a local jobs grant application was submitted by a custom powder coating company.

Consistent with state law confidentiality allowances, the applicant has requested that its business name and the specific salaries remain confidential as part of the local jobs grant application and agreement. For reference purposes the applicant is referred to as "COMP ANY".

COMPANY is currently located within the county and employs 15 people. At this time, COMP ANY is proposing to expand its operations within the County, but has not yet made a decision on the exact location of the expansion. As proposed, the expansion will bring approximately 40 new jobs to the county. Those jobs will be in the following categories:

1

161

• 1 Full Charge Bookkeeper • 10 Pre-Treatment Rackers • 1 Receptionist • 1 Executive Assistant

• 10 Wrappers/Shipping Personnel • 1 2nd Shift Delivery Driver

• 1 Human Resources Director • 5 Shipping and Receiving Personnel • 1 Salesperson • 1 Equipment Maintenance Technician • 1 Marketing and Sales Director • 6 Lead Spray Technicians • 1 Warehouse Manager

To be eligible for the County's Local Job Grant Program, an applicant must create at least 5 new jobs, and those jobs must pay wages equal to or greater than 75% of the county's average annual wage ($34,730 average annual wage for 2009). Seventy-five percent of the County's average annual wage of $34,730 is $26,047.50.

On March 15, 2011, the Economic Development Council (EDC) voted to recommend that the Board of County Commissioners approve COMPANY'S application for a local jobs grant of up to $152,000.

ANALYSIS

COMPANY

COMP ANY is an existing business that specializes in finish coating of products in a range of different industries. The process involves applying powder coating to finished products and components that make up a finished product. As stated in the submitted Local Jobs Grant Application, COMP ANY specializes in a broad range of high-end, quality finishes for the Original Equipment Manufacturing (OEM) Industry, as well as for Residential, Aircraft, Marine, Automotive, Motorcycle, and Architectural products.

Currently, COMP ANY employs 15 people and intends to expand to employ an additional 40 people. All of the proposed jobs qualify under the Indian River County Local Jobs Grant Program criteria.

Local Jobs Grant Eligibility Review

• Industry Classification of Business

To qualify for the County's Local Job Grant Program, a Company must be one of the county's targeted industries. Under the County's target industry list, COMP ANY qualifies for the jobs grant program under the "Manufacturing" category. COMP ANY'S activities are classified under North American Industrial Classification System (NAICS) category 332812 Metal Coating, Engraving, and Allied Services to Manufacturers. Within NAICS category 332812, powder coating metals and metal products is specifically listed as a use.

• Job Creation Threshold

2

162

As structured, the county's jobs grant program provides $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage; $5,000 for each new position created that pays from 100% to 149 .99% of the County's avierage annual wage; and $7,000 for each new position created that pays 150% or more of the County's average annual wage.

Currently, the County's average annual wage is $34,730. It is anticipated that COMPANY will create 40 new jobs in Indian River County, and all of the proposed jobs will meet the minimum job grant qualification of having salaries that are above 75% of the County's average annual wage ($26,047.50). The grant calculation provided below provides information on how many jobs qualify for each local jobs grant amount.

Grant Calculation

75% of county average wage ($26,047.50) $81,000

100% of county average wage ($34,730.00) 10 $5,000 $50,000

150% of county average wage ($52,095.00) 3 $7,000 $21,000

Total Grant Amount $152,000

Jobs Grant Agreement

To proceed with this request, the Board of County Commissioners must approve the attached Jobs Grant Agreement with COMPANY. That agreement stipulates various requirements, including:

• The grant will be payable over a three year period. • COMP ANY will provide copies of its quarterly unemployment compensation reports (UCT -

6 form) to the County, so that the County can verify that the number of jobs claimed for each local jobs grant payment level is being provided.

• COMP ANY must supply documentation to the County showing that employees reside within the County or in adjacent counties.

Upfront Payment

Recently, one of the competing jurisdictions for COMP ANY offered an upfront incentive payment of $75,000 to COMPANY to help with relocation/expansion costs. To be competitive with the competing jurisdiction, staff proposes that the County utilize $75,000 of the anticipated $152,000 local job grant award to provide an upfront payment to COMP ANY. The upfront payment will be a loan to COMPANY from the County, with a promissory note (Attachment 3) to be executed by COMP ANY principals.

As structured, the promissory note constitutes a promise by COMPANY to repay the $75,000 upfront payment with local jobs grant program funds and/or funds directly from COMPANY. Please note, a promissory note does not guarantee repayment to the County. Therefore, there is some potential that the County may not recover such funds. Due to extenuating circumstances in this case, however, including the competing offer and current economic conditions, staff supports the upfront payment on a one-time basis.

3

163

Funding & Proposed Payment Schedule

If approved, the local jobs grant will be funded from County General Fund contingencies taken from four separate County fiscal years starting in County fiscal year 2011-12.

Based upon the submitted COMP ANY'S application, local jobs grant payments and payoff of the $75,000 promissory note are proposed as follows:

November 2012 1 $49,000.00 $49,000.00 $26,000 $0 Ma 2013 2 $1,666.67 $1,666.67 $24,333.33 $0 November 2013 1 $49,000.00 $24,333.33 $0 $24,666.67 Ma 2014 2 $1,666.67 $1,666.67 November 2014 1 $49,000.00 $49,000.00 Ma 2015 2 $1,666.66 $1,666.66 Total $ 152,000.00 $75,000.00 $77,000.00

The proposed payment dates and payment amounts will vary, depending upon actual performance by COMP ANY. To allow for unanticipated delays in project start-up and relocation, an allowance for an administratively approved extension of up to one year is included in the jobs grant agreement. That allowance could shift grant payments out by up to one year. In addition, the jobs grant agreement allows for the shifting of jobs between phases. Thus the jobs grant award for each Phase could be more or less than proposed. In no case, however, will the total jobs grant award exceed $152,000.

CONCLUSION

Based on the analysis conducted, staff has determined that COMP ANY qualifies for a local jobs grant of up to $152,000.

RECOMMENDATION

The Economic Development Council and staff recommend that the Board of County Commissioners:

1. Approve a local jobs grant of up to $152,000 for COMPANY, and authorize the chairman to sign the Job Grant Agreement with COMPANY, after approval of the agreement by appropriate county staff and the County Attorney's office (sample agreement attached); and

4

164

2. Approve an upfront payment of $75,000 to COMP ANY as a loan to be repaid with local jobs grant funds after execution of a promissory note by COMP ANY principals (sample promissory note attached).

ATTACHMENTS

1. Jobs Grant Application 2. Jobs Grant Agreement 3. Promissory Note

Approved Agenda Item

Indian River Co. Admin.

Fm; March 22, 2011

F:\Community Development\Users\EDplannr\Incentives & Funding\Jobs Grant Program\Painting Company\BCC agenda item PaintingCompanyv2.doc

5

165

LOCAL JOBS GRANT PROGRAM APPLICATION

I. APPLICANT INFORMATION:

Business Name Christine J. Schroeder & Harry E. Dosberg

Business Owners Name

Address City State Zipcode

---Phone Number Website

Christine Schroeder Contact Person

Vice President, Operations, Sales & Marketing Title

Harry E. Dosberg Contact Person

President Title

Business Unit's Federal Employer Identification Number: --Business Unit's Unemployment Compensation Number: __________ _

Which of the following best describes this business: • New business to Indian River County X Existing business in Indian River County creating new jobs __ If an expansion, how many jobs are currently in the business?

II. PROPOSED SITE LOCATION (if known):

Address City

Property Parcel Number(s)

Current Location (if different):

Address City

Property Parcel Number(s)

1

Zipcode

State Zipcode

Attachment 1

166

Give a full description of the primary business activities/functions:

"The Company" is the pioneer in custom powder coating serving the Treasure & Space Coast Areas, and the entire State of Florida. "The Company" is a privately owned and operated company, established in 2007. We specialize in a broad range of high-end, quality finishes, proudly serving the OEM/Manufacturing Industry (Original Equipment Manufacturers), Residential, Aircraft, Marine, Automotive, Motorcycle, and Architectural Coating needs.

"The Company's" powder coating process is eco-friendly, green, organic, and environmentally safe. Powder coating is the US Environmental Protection Agency's (EPA) recommended finishing system, contributing towards the Green Building initiative of the US Govt. While liquid finishes contain solvents which have pollutants known as Volatile Organic Compounds (VOC's), "The Company's" powder coating process contains no solvents thus eliminating VOC emission problems. In addition, "The Company's" powder coating overspray that does not adhere to the -part is retrieved and reused, virtually eliminating the waste commonly found in liquid finishing processes.

In addition to be being a 100% Green Company, "The Company" proudly meets and exceeds the highest standards in quality powder coatings. The overall quality, durability and longevity of the paint on any finished product is only as good as the quality of the Surface Preparation. "The Company" exceeds these highest standards set forth via our "5-Step Closed Loop Pre-Treatment Process", which was originally designed for the US Army.

This green company is also one of only three certified applicators in the entire State of Florida for the Department of Transportation (FDOT) and the Federal Aviation Authority (FAA). "The Company" meets all AAMA (American Architectural Metals Association) specifications, and is an authorized applicator for virtually all types of powder coating including Epoxy, Polyester, TGIC, Hybrids, Urethane, Functional Epoxies, Vinyl & Nylon. Our highly trained staff is knowledgeable and extremely diversified in every aspect of the coatings industry.

"The Company's" customer base boasts the second largest retailer in the world - The Home Depot, one of the largest LED Manufacturers in the world, The Lighting Science Group, the largest Solar Lighting Systems Manufacturer in the US - SOL, Inc., Affineon Lighting of Florida, BP (British Petroleum), local fan favorites such as Piper Aircraft, Disney, and many more.

Powder coating is the longest lasting and most durable finish that can be applied to products of nearly any material and is the preferred finish for the consumer and industries alike. With the rapid growth of the industry over the last ten years, the availability of powder colors and finishes are virtually limitless. These characteristics are why powder coating is the fastest-growing finishing technology in North America, with "The Company" setting the standards of the highest quality found in powder coatings. "The Company" is busier than ever, bursting at the seams with work orders from numerous industries who's overall goal is to have the best-looking, most durable and longest-lasting finish for their parts. These qualities are what make "The Company" the most successful powder coating facility in~ State.

167

List the NAICS Code(s) for the business:_· _______________ _ Note: NAICS Codes for business types can be found at the following website: http://www.census.gov/epcd/naics07/

Will the site be a dedicated headquarters office (regional, national, or international)?

Yes, a national headquarters

IV. JOB CREATION INFORMATION:

Anticipated number of new full-time jobs that will be created by the business in Indian River County:_50-60 ___ _

Salary range of new full-time jobs identified in the previous question: See next chart for full salary range - $27,000- $60,000

(PLEASE LIST ALL NEW POSITIONS AND SALARIES ON APPENDIX A OF APPLICATION)

Phase Number of net new full-time Date by which jobs will Average Annual equivalent jobs created in the be created Wages($) business

See attached chart

V. CRIMINAL/CIVIL FINES OR PENALTITES:

List and explain any criminal or civil fines or penalties or ongoing investigations that have been imposed upon the company, its executives, or its affiliates and any recent bankruptcy proceedings of the applicant or its parent company: NONE

3

168

To the best of my knowledge, the information included in this application is accurate.

(via electronic signature)

Signature of Owner or Authorized Representative

Christine Schroeder, Owner

(via electronic signature)

Signature of Owner or Authorized Representative

Harry E. Dosberg, Owner

4

03/08/2011

Date

03/08/2011

Date

•

169

I.

II.

III.

JOBS GRANT APPLICATION CHECKLIST

Brief narrative that describes nature of applicant's business

Letter of Authorization from owner if applied for by anyone other than owner

Verified statement (separate letter) naming every individual or entity Having legal or equitable ownership in the property

5

0 0

0 0

0 0

170

INDIAN RIVER COUNTY JOBS GRANT AGREEMENT

TIDS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made as of the 22nd day of March, 2011 by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as COUNTY,

d ii' (20./'I';'/,,,~/~/,\5:;;',l}!iti:J\'fs~'''>lFl'/i''itK'i t' th . d t d b . . th Stat f an ,,· .1.,,,,•,11,;c,,,,.,, , .. ,,,,,21;,,,."''''"'"'''·'"'''''"''"''''' a corpora 10n au onze o o usmess m e e o Florida, hereinafter referred to as COMPANY, whose Federal I.D. Number is

BACKGROUND RECITALS:

WHEREAS, it is the policy of COUNTY to stimulate economic growth in Indian River County, by either attracting new businesses to Indian River County or by encouraging the expansion of existing businesses within Indian River County; and

WHEREAS, the creation of new employment opportunities for residents of Indian River County and the increased tax revenues resulting from such business expansion or relocation within Indian River County is beneficial to the local economy; and

WHEREAS, COUNTY has detennined that offering a Jobs Grant Program encourages either businesses to expand within or new businesses to locate in Indian River County and thereby creates new employment opportunities for the residents of Indian River County; and

WHEREAS, Indian River County, through its Board of County Commissioners, has created a local Jobs Grant Program; and

WHEREAS, COMPANY, in accordance with the county's Jobs Grant Program criteria, will relocate to and expand its existing business in Indian River County to create new employment opportunities that pay at least 75% oflndian River County's average armual wage level; and

WHEREAS, COMP ANY has been detennined to be eligible to receive a Jobs Grant; and

. WHEREAS, COMP ANY acknowledges that this Agreement shall be based upon compliance with County jobs grant program requirements; and,

WHEREAS, COUNTY finds and declares that it is in the public interest to award a Jobs Grant to COMPANY pursuant to the terms of this Agreement.

NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows:

1. Definitions. As used in this Agreement, the following terms shall mean:

a. "Annual Wage" - includes salary, bonuses, and commissions.

-1-Attachment 2

171

b. "Default" - failure to comply with the terms of this Agreement.

c. "Effective Date" - shall have the meaning set forth in Paragraph 2 herein.

d. "Expansion of an existing business" - shall be defined as a business establishing 5 or more jobs to employ 5 or more full-time employees in the County.

e. "Full-time Equivalent Job" - shall be defined as a position that is scheduled for at least 35 hours per week.

f. "Indian River County Average Annual Wage" - shall be defined as the average annual wage per job in Indian River County as determined by Florida Agency for Workforce Innovation, Labor Market Statistics Center, Quarterly Census of Employment and Wages Program, in cooperation with the U.S. Department of Labor, Bureau of Labor Statistics. Currently, the County's average annual wage is $34,730 (2009 value, effective January 1st 2011 for the state QTI Tax Refund Program). This dollar value shall be used for the duration of this agreement for determining local jobs grant incentives.

g. "New Business" - shall be defined as a business establishing 5 or more jobs to employ 5 or more full-time employees in the County within the term of the Grant, ( as such term is hereinafter defined) provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business.

h. "Quarterly Unemployment Compensation Report (UCT-6 form)" - Form from the Florida Department of Revenue that businesses in the state of Florida must complete and submit to the state on a quarterly basis. Information collected on the form includes the names of employees, their social security numbers, and the gross wages paid to each employee on a quarterly basis. The information is used for unemployment compensation should employees cease to be employed. For purposes of this jobs grant agreement, this definition shall also include other similar county approved certified forms from COMPANY or COMPANY's professional employer organization.

2. Term; Termination. This Agreement shall be effective on March 22, 2011 (the "Effective Date") and shall automatically terminate after COUNTY has made the last payment to COMP ANY unless terminated earlier by COUNTY because of a default by COMPANY.

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3. Grant Eligibility; Payment Schedule.

a. COMPANY will be eligible for total Jobs Grant Funding (hereinafter a "Grant") in an amount of up to $152,000 if COMP ANY locates within Indian River County. Said Grant shall be payable in 3 one year periods by Phase as more specifically set forth herein.

COMP ANY acknowledges and agrees that the initial Grant under this Agreement is payable on a re-imbursement basis. There are a total of 2 separate Phases. The number of jobs estimated to be provided by phase is listed below.

(i) For Phase I, 39 new qualifying jobs meeting the wage level commitment in Section 6 of this Agreement will be provided by 9/30/11. For each of the three successive armual periods that those jobs are maintained at the required wage level, COMPANY shall receive 1/3 of the Grant amount for those 39 jobs.

(ii) For Phase II, 1 new qualifying job meeting the wage level commitment in Section 6 of this agreement will be provided by 3/31/12. For each of the three successive armual periods that that job is maintained at the required wage level, COMP ANY shall receive 1/3 of the Grant amount for that 1 job.

(iii) It is understood that the quantity and types of jobs proposed by phase, their armual wages, and dates of hire are estimates. Because of this, the quantity and types of jobs provided in each phase may shift between phases, and phase commencement dates may be extended. Proposed jobs will remain eligible for local jobs grant incentives provided:

a. The minimum number of qualifyingjobs that must be provided in Phase I is 5.

b. The maximum number of jobs eligible for local jobs grant funds between Phases I and II is 40.

c. The maximum extension for a phase commencement date shall be one year. Such commencement date may be approved administratively by County staff. If any of the total 40 eligible jobs proposed for Phases I and II are created after their proposed commencement date or, if applicable, after their administratively approved extension to the proposed commencement date, those jobs shall not be eligible for local jobs grant funds unless an amendment is made to this agreement to allow for this.

d. In no case shall the total local jobs grant award exceed $152,000.

(iv) Failure of COMP ANY to maintain claimed jobs for at least 3 years at required wage levels will result in the reduction of the Grant amount paid to

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COMPANY. If, by the end of any of the annual periods, COMP ANY has not maintained the total number of claimed jobs required or if COMP ANY has provided the total jobs required but the annual wage for any of those jobs is less than required for that year, COUNTY will lower the jobs grant award for the respective year. Thus, the total jobs grant award could be less than $152,000 by the end of this Agreement.

b. Performance Evaluation for Payment. COMP ANY' s performance evaluation will be conducted on an annual basis by the information provided on the State's Quarterly Unemployment Compensation Report (UCT-6 form). COMP ANY shall supply additional documentation to COUNTY, in a form acceptable to COUNTY, showing that positions for which jobs grant funds will be awarded are filled by people who live in the general area/region and listing the type of position filled by each employee.

The Grant eligibility determinations will cover one year periods for each of the Phases, with each yearly period beginning and ending as follows:

(i) Each job must meet the minimum wage requirements specified in this Agreement. Payment of Grant funds shall be made within forty-five (45) days after the date COMP ANY submits the latest State Quarterly Unemployment Compensation Report comprising the Annual Job Status Report ( as defined in Paragraph 7), and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, should the date for filing the last quarterly unemployment compensation report, as described above, not coincide with the date that an eligibility determination is made, COMP ANY shall have the rightto file a report, in a form substantially similar to a quarterly unemployment compensation report, and such report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five ( 45)-day period within which payment shall be made.

4. Relocation Commitment. As a condition precedent to and as consideration for obtaining Jobs Grant Funds from COUNTY, COMPANY agrees to locate or expand its business operations to a suitable site in Indian River County as described on Exhibit "A", which is attached hereto and made a part thereof.

5. Job Creation Commitment. COMPANY estimates that it will provide 40 new jobs within the county as set forth in Exhibit ''.B'', which is attached hereto and made a

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part hereof. The exact number of jobs actually supplied and their salaries, however, may vary. Local jobs grant funds will be awarded up to a maximum of $152,000. The jobs grant award will be based on the following:

75% to 99.99% of Indian River County Average Annual Wage

100% to 149.99% of Indian River County Average Annual Wage

150% of Indian River County Average Annual Wage ( or greater)

$3,000

$5,000

$7,000

6. Wage Level Commitment. COMPANY estimates that it will pay each of 27 employees whose jobs are eligible for a Grant hereunder an annual wage of not Jess than $26,047.50; will pay each of 10 employees an annual wage of not less than $34,730.00; and will pay each of 3 employees an annual wage of not Jess than $52,095.00. The annual wage of the positions shall be determined without taking into account the value of any benefits. COMP ANY shall, in accordance with the provisions of paragraph 7 herein below, provide written verification of such wages satisfactory to COUNTY. COMPANY'S failure to maintain its wage level commitment for any one year will result in the reduction of the Grant amount for that year(s).

7. Annual Job Status. COMPANY must provide COUNTY with State Quarterly Unemployment Compensation Reports (Form UCT-6) of its business operations within Indian River County on State form UCT-6 as amended, a sample of which is attached hereto and made a part hereof as Exhibit "C". The cumulative Quarterly State Unemployment Compensation Reports required to be filed for the annual period correlated with each eligibility determination shall collectively comprise the Annual Job Status Report.

For Phase I, there are 5 quarterly reports that must be submitted per grant eligibility determination time period; for the first grant eligibility determination time period, the five quarterly reports are for calendar quarters 3 and 4 in 2011, and calendar quarters 1, 2, and 3 in 2012. For the second grant eligibility determination time period, the five quarterly reports are for calendar quarters 3 and 4 in 2012, and calendar quarters 1, 2, and 3 in 2013. For the third grant eligibility determination time period, the five quarterly reports are for calendar quarters 3 and 4 in 2013, and calendar quarters 1, 2, and 3 in 2014.

For Phase II, there are 5 quarterly reports that must be submitted per grant eligibility determination time period; for the first grant eligibility determination time period, the five quarterly reports are for calendar quarters 1, 2, 3 and 4 in 2012, and calendar

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quarter 1 in 2013. For the second grant eligibility determination time period, the five quarterly reports are for calendar quarters 1, 2, 3 and 4 in 2013, and calendar quarter I in 2014. For the third grant eligibility determination time period, the five quarterly reports are for calendar quarters I, 2, 3 and4 in 2014, and calendar quarter 1 in 2015.

8. Default; Termination. In the event that COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, COUNTY may, at its option, terminate this Agreement.

9. Indemnification. COMPANY shall indemnify and save harmless and defend COUNTY, its agents, servants, and employees from and against any and all claims, liabilities, losses, and/or causes of action which may arise from any negligent act or omission of COMPANY, its agents, servants, or employees in the performance of services under this Agreement.

10. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce. the Agreement will be held in Indian River County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Parties hereby waive their right for a jury trial.

11. Lobbyist Certification. COMP ANY warrants that it has not employed orretained any company or person, other than a bona fide employee working solely for COMP ANY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for COMP ANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement.

12. No Discrimination Certification. COMP ANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation.

13. Attorneys Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs.

14. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances, shall to any extent be held invalid or unenforceable,

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the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The Company's failure to maintain its job creation commitment or annual wage level commitment for any one year will result in the decrease of the Grant amount it was scheduled to receive for that year; however, such decrease will not preclude the Company's receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and wage level commitment.

15. Assignment. COMP ANY shall not, directly or indirectly, assign or transfer any of its rights or obligations under this Agreement, or any interest therein (the foregoing herein collectively "Transfer"), without the express prior written consent of COUNTY. COUNTY shall not unreasonably withhold its consent to any Transfer. Any such attempted Transfer without the express prior written COUNTY consent shall be null and void and may, at the option of COUNTY, be deemed an event of default under this Agreement. COMP ANY acknowledges and agrees that COUNTY has the right, in granting or withholding consent to any Transfer, to consider, among other things, the financial responsibility and business reputation of the proposed assignee or transferee (the foregoing herein collectively "Transferee"); and any other items that the Indian River County Board of County Commissioners, in its sole discretion, deems appropriate. If COMPANY seeks COUNTY's consent for a Transfer, COMPANY shall submit to COUNTY a written request therefore, accompanied by the following documentation: (i) the name, address, and telephone number of the proposed Transferee; (ii) a description of the business and jobs, including wages, to be created in Indian River County; and (iii) a financial statement or other reasonably detailed financial information concerning the proposed Transferee. COMPANY acknowledges and agrees that: (a) the County Administrator or his designee, or the Indian River County Board of County Commissioners, has the right to request any additional information deemed necessary to make the decision relating to consent to the Transfer; and (b) any such request for a Transfer is expressly subject to the approval of the Transfer by the Board of County Commissioners at a formal meeting thereof, and such Transfer shall become effective only when signed by the Transferee and approved by the Board, which consent shall not be unreasonably withheld. The foregoing covenant shall be binding on the permitted successors or assigns of COMP ANY. The prohibition on Transfers shall not prohibit a change in the form in which COMPANY conducts business. COMP ANY will be released from further liability under this Agreement in the event of an approved Transfer; provided that the County's consent to any Transfer will not otherwise relieve COMP ANY from any pre-existing obligation to COUNTY under this Agreement.

16. Conflict of Interest. COUNTY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with

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the performance of services required hereunder, as provided for in Florida Statutes I 12.311. COMPANY further represents that no person having any interest shall be employed for said performance.

17. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to COUNTY shall be mailed to:

Indian River County Community Development Director 1801 27th Street Vero Beach, Florida 32960

and if sent to COMPANY shall be mailed to (or current, official address):

18. Entire Agreement. COUNTY and COMP ANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto.

19. No Pledge of Credit. COMPANY shall not pledge COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.

20. Public Records. COMPANY shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement.

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

22. General. The Background Recitals are true and correct and form a material part of this Agreement.

IN WITNESS WHEREOF, the Board of County Commissioners ofindian River County, Florida has made and executed this Agreement on behalf of the COUNTY and the COMP ANY has hereunto set its hand the day and year above written.

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

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BY:, ______________ _ Bob Solari, Chairman

ATTEST BY:

Jeffrey K. Barton, Clerk APPROVED:

Joseph A. Baird, County Administrator


Alan Polackwich, County Attorney

COMPANY: (Insert Name)

(Insert Company Name)

BY: ___________ _

Typed Name

WITNESS:

Signature

Title: ____________ _

Title: ------------

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EXHIBIT "A" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & (!lf:$$R,':J(t&~ffi~t:J'i~~

Company Identification and Information:

Application date: March 8, 2011

Company description:

@l~~rtf&JQ'm~lx"i1~~~jspecializes in finish coating of products in a range of different industries. The process involves applying powder coating to finished products and components that make up a finished product. Company specializes in a broad range ofhighend, quality finishes for the Original Equipment Manufacturing (OEM) Industry, as well as for Residential, Aircraft, Marine, Automotive, Motorcycle, and Architectural products. The proposed location of the Company is at !.'tifs~i:'f2~'@):Jr~~~ •

Currently, Company employs 15 people and intends to expand to employ an additional 40 people. All of the proposed jobs qualify under the Indian River County Local Jobs Grant Program criteria.

Company's proposed physical address in Indian River County:

Company's local mailing address:

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EXHIBIT "B" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & (Insert company name) (COMPANY)

I. Target Industry Categories eligible for application:

Company qualifies for the jobs grant program under the "Manufacturing" category. Company's activities are classified under North American Industrial Classification System (NAICS) category 332812 Metal Coating, Engraving, and Allied Services to Manufacturers. Within NAICS category 332812, powder coating metals and metal products is specifically listed as a use.

II. Employment Commitment:

The COMP ANY is receiving this grant based upon its representation that it will bring the following employment opportunities to Indian River County:

1) 27 # of new, full.time employees whose annual wage is between 75% and 99.9% oflndian River County's average annual wage.

2) 10 # of new, full-time employees whose annual wage is between 100% and 149.99% oflndian River County's average annual wage

3)_3 _ # of new, full-time employees whose annual wage is 150% or greater of Indian River County's average annual wage

III. Grant Amount

75% to 99.9% of Indian River County Average Annual Wage 100% to 149.99% of Indian River County Average Annual Wage 150% or greater of Indian River County Average Annual Wage Total

27

10

3

40

$3,000 $81,000

$5,000 $50,000

$7,000 $21,000

$152,000* *The actual amount of the grant will depend upon the actual number of jobs provided and the salary paid for those jobs. In no case shall the total amount of the grant exceed $152,000.

F:\Community Development\Users\EDplannr\lncentives & Funding\Jobs Grant Program\Fainting Company\Job Grant Agreement - Painting v2.doc

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Use black Ink. Exam~ Handwritten Example B-Tye~

( ~[i]0@!f!l'®hiciJl~El •@lgtffi'~[Jo)

QUARTER ENDING ~DU~E~D~ATE=-----~

DD1DD1DDDD

Ill llll Ill I II Ill II II IIIII I II IIII II

Name [

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of full-time and part-time covered workers who performed services during or received pay for the payroll period Including the 12th of the month.

1stMooth DDD,DDD 2odMo,th DDD,ODD 3cdMoath DDD,DDD

D Cheokiffioal.,t,m, DD1·u-7DIDDDD Date operations ceased. I I

D Check if you had out-of-state wages. Attach Employer's Quarterly Report for Out-of-State Taxable Wages (UCT-6NF}.

Exhibit "C"

Florida Department of Revenue Employer's Quarterly Report Employers are required to file quarterly tax/wage reports regardless of employment activity or whether any taxes are due.

PENALTY AFTER DATE TAX RATE UT ACCOUNT NUMBER T UCT-6 R. 01/11

Do not make any changes to the pre-printed infonnation on this fonn. If changes are needed, request and complllte an Employer Account

DDDDDDD ff you do not have an account number, you are required lo register (see i11structionsJ.

F.E.l. NUMBER

DD-DDDDDDD Change Form (UCS-3). fOR OFACIAL USE DNlY POSTMARK DATE

Reverse Side Must be Completed DD/ DD/DD DD 2. Gross wages paid this quarter

(Must total all pages)

3. Excess wages paid this quarter (See instructions)

4. Taxable wages paid this quarter (See instructions)

5. Tax due (Multiply line 4 by Tax Rate)

6. Penally due (See instructions)

7. Interest due (See instructions)

8. tnslallment fee {See instructions)

9a. TDlal amDuntdue (See instructions)

9b. Amoun\Enclased (See instructions)

DDD,DDD,DDD. DD DDD,DDD,DDD. DD DDD,DDD,DDD. DD DDD,DDD,DDD. DD DDD,DDD,DDD.•D DDD,DDD,DDD. DD

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lJCT-6 If you are fifing as a sole proprietor, Is this for !D 'D domest1c (household) employment only? I Yes No

Under penalties of perjur/, I declare that l have road this return and ihe fac.1s stated ir, it arotrue (sections 443.171(5) and 443.141(2), Ffmida Statutes).

Paid preparers only

Signature of officar

Preparer's signature

Arm•s name (or yours if salf-amp!oyad} and address

Date

O~le

Title

Phone

Preparer check • Preparer's if self-employed SSN or PTlN

FEIN

ZIP Preparer's phone number

.. _ .• ______________________________________________________________________________________________ OQNOT ___________________ _

Rule 6088-2.037 Florida Administrative Code

Florida Department of Revenue

T

DETACH

Employer's Quarterly Report Payment Coupon

COMPLETE and MAIL with your REPORT/PAYMENT. Please write your UT ACCOUNT NUMBER on check.

I •• 1lJ5

[]

0

ib• POSTMARK OR HANO-DELIVERY PATE:

I

UCT-6 R. 01/11

L UTACCOUNTNO. DDDDDDD -6

>----- U.S. Dollars-----; I Cents I EE.I.NUMBER

Name [

~:=ZIP L

DD-DDDDDDD GROSS WAGES (From Line 2 above.)

AMOUNT ENCLOSED (From line 9b above.)

PAYMENT FOR QUARTER ENDING MM/VY

DDD,DDD,DD•. DD r·1,-J i-J [·-] 1-1 [ ·1 r7 r1 r-J ·D D L_J I_ L._ l _ _ __ J __ j 7L..l L L. • L __ l_

DD-DD D. Check here if you are electing to

pay tax due in installments. r··7 Check here if you transmitted LJ funds electronically.

9100 D 99999999 0068054031 7 5009999999 DODD 4

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Ill llll llll II IIIII II 1111111111111111111 L Florida Department of Revenue Employer's Quarterly Report Employers are requtred to file quarterly tax/wage reports regardless of erriploymenl activity or whether any taxes are due. _J UCT-6

R. 01/11

QUARTER ENDING EMPLOYER'S NAME UT ACCOUNT NUMBER •• 1•• 1•••• ~~-----~ ••••••• 110. EMPLOYEE'SSOC/ALSECURITYNUMBER I

•••-••-•••• •••-••-•••• •••-••-•••• •••-••-•••• •••-••-•••• •••-••-•••• •••-••-•••• •••-••-••••

L DO NOT

11. EMPLOYEE'S NAME (plaasa print first twl!lve characters of last name and ffrst e ht characters of fl/SI name 1n boxes

Last •••••••••••• Name 12a.

Flffit •••••••• Mlddle • Name !nltial 12b.

L;m1 •••••••••••• Name 12a.

Flmt •••••••• Middle • Name Initial 12b.

i.,,t •••••••••••• Name 12a.

Flffif •••••••• M[ddfe • Name Initial 12b.

i.,,t •••••••••••• Name '"· First •••••••• Middle • Name Initial 12b.

Last •••••••••••• Name 12a

Flffif •••••••• Middie • Name Initial 12b.

Last •••••••••••• Name 12a.

First •••••••• Midd!e • Name Initial 12b.

last •••••••••••• Name 12a

First •••••••• M!dd!e • Name Initial 12b.

Lost •••••••••••• Name 12a.

First •••••••• Middle • Name !ni:!al '"'· 13a. Total Gross Wages (add Lines 12a only). Total this page only.

Include this and totals from additional pages in Line 2 on page i.

13b. Total Taxable Wages (add lines 12b only). Total this page only. Include thls and totals from additional pages in Line 4 on page 1.

12a. EMPLOYEE'S GROSS WAGES PAID THIS QUARTER 12b. EMPLOYEE'S TAXABLE WAGES PAID THIS QUARTER

Only the first $7,000 paid to each employee percalooo'ar year~ taxat:le.

•••,•••,•••. •• ••,•••.•• •••,•••,•••. •• ••,•••.•• ••• ••• •••.•• ' ••'•••.•• ••• •••'•••.•• ' ••'•••.•• •••,•••:•••. •• •- • •-- •-••••- ,••-- ••-•DJ. ••• DJ I Ii I i

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-----------------DETACH----------------------------------------------------------------------------------------------------Mail Reply To: Unemployment Tax Florida Department of Revenue 5050 W Tennessee St Bldg L Tallahassee FL 32399-0180

Social security numbers (SSNs) are used by the Florida Department of Revenue as unique identifiers for the administration of Florida's taxes. SSNs obtained for tax administration purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not subject to disclosure as public records. Collection of your SSN is authorized under state and federal law. Visit our Internet site at www.myflorida.com/dor and select "Privacy Notice" for more information regarding the state and federal law governing the collection, use, or release of SSNs, including authorized exceptions.

Tired of paperwork? We can help! File and pay your Florida unemployment tax online.

It's fast, easy, accurate, and secure. Internet Address: www.myflorida.com/dor

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PROMISSORY NOTE

$75,000.00 ------~, 2011 Vero Beach, Florida

FOR VALUABLE CONSIDERATION, _____________ _ _____________ ("Borrower"), promises to pay to the Board of County Commissioners of Indian River County, Florida ("Lender"), or order, the sum of Seventy-five Thousand and No/100 Dollars ($75,000.00), plus interest. Payments shall be received at Lender's administrative office at the Indian River County Administration Complex, Office of Management and Budget, Attn: Jason E. Brown, Director, 1801 27th Street, Building A, Vero Beach, FL 32960.

The loan evidenced by this note is being made pursuant to Lender's economic development powers, and specifically to attract or retain a business enterprise in furtherance of the economic development goals of Indian River County, Florida.

Interest. This note shall bear interest at the rate of __ % per annum.

Payments by Borrower. This note shall be paid in three (3) annual installments, as follows:

$25,000.00, plus accrued interest on or before----~ 2013; $25,000.00, plus accrued interest on or before , 2014; and $25,000.00, plus accrued interest on or before , 2015,

provided, however, that the parties have simultaneously entered into that certain Indian River County Jobs Grant Agreement, dated _____ ~ 2011 ("Jobs Grant Agreement"). To the extent that grant funds become payable to Borrower under the Jobs Grant Agreement, such grant funds may, at the election of Lender, be retained by Lender and applied in payment of principal, interest and other amounts (if any) owed by Borrower pursuant to this note; and, provided further, that any amounts owed by Borrower pursuant to this note which are not paid by grant funds shall be paid by Borrower when due in accordance with the payment schedule set forth above.

Payments received shall be applied first to interest, next to amounts other than principal which are due, and last to principal.

Prepayment. Borrower may prepay the whole or any portion of this note on any date.

Borrower's Failure to Pay as Required.

(a) Default. If Borrower does not pay the full amount due on the date it is due, Borrower will be in default. Upon notice of default, Borrower shall have five business days to cure the default. If Borrower fails to cure the default, Lender shall have the right to accelerate and declare immediately due and payable all outstanding principal, interest and other amounts owed by Borrower.

Page 1 of3

Attachmen,38 4

(b) Payment of Lender's costs and expenses. fu. the event of default by Borrower, Borrower shall pay to Lender all of Lender's costs and expenses of collection, including, without limitation, reasonable attorney's fees at all levels of collection proceedings, including trial court and appellate court levels.

Guarantors. The undersigned guarantors hereby guaranty the prompt and punctual payment of all principal, interest and other amounts, if any, due and owing pursuant to this note. In the event of default, the undersigned guarantors, together with the Borrower, shall be jointly and severally liable for all amounts due and owing pursuant to this note. Lender shall not be obligated to pursue collection first from Borrower, or from any other guarantor, before pursuing collection from any guarantor.

Waiver.

(a) Borrower and guarantors hereby jointly and severally waive presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest · of this note, and all other notices in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this note, and agree that each shall have unconditional liability without regard to the liability of any other party, each shall not be affected in any manner by any indulgence, extension or time, renewal, waiver or modification granted by Lender to Borrower or to any other guarantor.

(b) Lender shall not be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Lender, and then only to the extent specifically set forth in writing. A waiver with respect to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy to a subsequent event.

Notices. Any notice that must be given under this note will be given by delivering it or by mailing it by certified mail, postage prepaid, to:

As to Borrower:

As to Lender: Joseph A. Baird, County Administrator fu.dian River County Administration Complex 1801 27th Street, Building A Vero Beach, FL 32960-3388

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185

As to Guarantors:

IN WITNESS WHEREOF, Borrower has executed this promissory note on the date set forth above.

Borrower:

(Print Borrower's Name)

By: __________ _ Its ___________ _

(Print Title)

I personally guaranty the prompt and punctual payment of all principal, interest and other amounts due and owing pursuant to this note, and otherwise agree to all terms and conditions of the note.

Guarantor:

(Print Name)

I personally guaranty the prompt and punctual payment of all principal, interest and other amounts due and owing pursuant to this note, and otherwise agree to all terms and conditions of the note.

Guarantor:

(Print Name)

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Indian River County Inter-Office Memorandum

Office of Management and Budget

TO: Members of the Board of County Commissioners


SUBJECT: Hurricanes Frances, Jeanne, and Wilma Closeouts and Hurricane Wilma Project Wor. e PW) #5691 Closeout

FROM: Jason E. Brown Director, Management & Budget

Description and Conditions

Indian River County experienced Hurricane Frances and Jeanne in the fall of 2004 and Hurricane Wilma in October 2005. The County organization, similar to County residents, suffered substantial losses due to these storms. A declaration of emergency for these storms included Indian River County, which made the County eligible to receive reimbursement for certain losses from the Federal Emergency Management Agency (FEMA). Please find a summary of the reimbursement amounts for each storm in the table below:

Storm Number of Number of Total No. of Total Eligible Obligated Obligated Name L:aroe PW's Small PW's PW's Amount Amt. - Federal Amt. - State

Frances 11 114 125 $21,235,603 $19,437,658 $970,062 .

Jeanne 28 70 98 $16,452,142 $15,061,582 $754,410

Wilma 4 37 41 $1,428,302 $1,453,585 $0

Totals 43 221 264 $39,116,047 $35,952,825 $1,724,472

Project worksheets (PW's) are completed for each area where a loss is experienced. The initial fieldwork to complete all of the PW's for these storms was largely completed by 2006. However, the process requires different FEMA representatives to "close out" the PW's after the storms are completed. This process began in 2006 for France and Jeanne and is still ongoing today. All large PW's (amounts exceeding about $50,000) must be reconciled and supported with relevant financial documentation. Technically, the original amount of a PW is an estimate. When the work is complete, the actual costs are funded. The closeout process verifies that all requested amounts are correct, comply with requirements of the Stafford Act (CFR 44), and have proper documentation. During this process, some PW amounts are increased, while others are decreased.

PW# 5691 was written for Hurricane Wilma in the amount of $215,446.67 for sign damage throughout the county. The initial PW included Federal Highway Administration (FHWA) roads, with the FEMA Specialist even noting that no FHWA funding had been received. FEMA reimbursed the county for the PW during the initial stages of the closeout process in November 2009. Upon the final closeout, FEMA determined that

187

FHWA roads were not eligible for reimbursement and deducted $206,167.94 from the PW leaving a final eligible amount of $11,433.20. The time period for requesting funds from FHWA has expired, and the County is unable to recover such funds. FEMA has requested that they be reimbursed the $206,167.94 so that Hurricane Wilma can be closed out.

Staff has worked with FEMA to reconcile the Project Worksheets (PW's) written for each of the hurricanes since 2006. During the closeout of individual PW's, funds have been obligated and de-obligated resulting in additional monies for Indian River County. A current calculation total of all three hurricanes results in an additional $1,929,140 funds from FEMA compared to the original amounts for all PW's that have been closed out (please see attached summary). This total assumes resolution of the Rockridge Project Worksheet in the county's favor. Further, staff anticipates upward adjustments of about $200,000 on remaining PW's that have not been closed out at this time.

Recommendation

Staff recommends that the Board of Commissioners approve the payment request for reimbursement to FEMA for Hurricane Wilma in the amount of $206,167.94, and approve the budget amendment utilizing Transportation Fund/Cash Forward.

Attachment

Letter from Department of Community Affairs requesting payment Summary of Project Worksheet Closeout Adjustments Summary of Anticipated Adjustments - Open PW's Budget Amendment #11 and Resolution

F R: March 22 2011

Indian River Count

Risk Mana ement

188

RESOLUTION NO. 2011-__

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2010-2011 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2010-2011 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and

WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2010-2011 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2010-2011 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution.

This Resolution was moved for adoption by Commissioner _____ _, and the motion was seconded by Commissioner ____ _ and, upon being put to a vote, the vote was as follows:

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

The Chairman thereupon declared this Resolution duly passed and adopted this __ day of _______ , 2011.

Attest: J. K. Barton, Clerk

By _________ _ Deputy Clerk

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By __________ _ Bob Solari, Chairman

APPROVED AS TO FORM AND LEGAL S NCY

BY ATTORNEY

189

-~ XI I

Resolution No. 2011-

~ Budget Office Approval: f ,.~ - Budget Amendment: 011

E h·b·t "A"

Jason E Brow , Budget Director ,

Entry i=und/ Depa1 VnttAccount Name Account Number Increase Decrease Number

1. Revenue

Transportation Fund/Cash Forward Oct 1st ~ 111039-389040 $206,168 $0

Expense

Transportation Fund/Traffic Engineering/Expense-11124541-036720-06037 $206,168 $0 Prior Year

190

STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT

CHARLIE CRIST Governor

Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: John King

Re: Closeout Reconciliation

Dear Mr. King,

"State Emergency Response Team"

October 12, 2010

The attached invoice represents the final reconciliation of project worksheets 5691 for Hurricane Wilma; FEMA-1609-DR-FL.

Please remit to the State of Florida, $206,167.94 at:

Department of Community Affairs Attention: Renee Singh, Deputy State Public Assistance Officer of Finance 36 Skyline Dr., Lake Mary, FL 32746.

DAVID HALSTEAD Director

Please contact Renee Singh via e-mail, [email protected] or by phone 407-268-8865 should you have any questions or need any additional information.

Respectfully,

Charles Shinkle Deputy Bureau Chief, Recovery Florida Division of Emergency Management

Attachment: CS/nw

2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.413.9969 Suncom: 850.293.9969 FAX: 850.488.1016

Internet address: http://www.FloridaDisaster.org

FLORIDA RECOVERY OFFICE, 36 SKYLINE DRIVE, LAKE MARY, FLORIDA 3 2 7 4 6 - 6 2 0 1 Phone: 407.268.8899 FAX: 407.268.8707

191

I

Date: Oct 12, 2010

Invoice #: 29

INVOICE STATE OF FLORIDA

Division of Emergency Management Department of Community Affairs

To: Indian River County (FIPS: 061-99061-00)

1801 27th Street

Vero Beach, FL

32960

Disaster PW# Federal Share Admin State Share

1609 I 5691 I $204,126.67 I $2,04127 I $0.00

Sub Total

Make checks payable to State of Florida for total amount of:

Line Item Total

$206,167.94

$206,167.94

$206,167.94

State of Florida Public Assistance, 36 Skyline Drive, Lake Mary, FL 32746 Phone 407-268-8899 Fax 407-268-8707 [email protected]

192

Payment#29 Project 5691 FEMA-1609-DR-FL

Payment #29: Project 5691 (L - Cat C)

Indian River County

Obligated & Approved

Version O (Large) - Initial Obligation System Administrator- May 24, 2006

Version 1 (Large) - Federal Share Change System Administrator- Jan 17, 2007

Version 2 (Large) - Federal Share Change System Administrator- Jun 1 B, 2007

Version 3 (Small) - Ei~gible-Amount Change Renee Singh -Apr 28, 2010

Justified by RFRs (100.0%)

RFR #1 - Expense Approval Stephen Brice - Mar 12, 2007

Reversal of Overrun

Previous Payments

Payment#23 Aaron Harden - Mar 12, 2007

Payment#25 Yan Cai - Nov 28, 2007

Adjustments

This Payment

This payment leaves a balance of $0.00. Payment calculations as at Oct 11, 2010. Printed from F/oridaPA.org on Oct 11, 2010 at 4:10 PM.

Eligible Federal

$215,446.67 $161,585.00

$0.00 $32,317.00

$0.00 $21,544.67

($204,126.67) ($204,126.67)

$11,320.00 $11,320.00

$215,446.67

-$204, 126.67

$11,320.00 $11,320.00

$193,902.00

$21,544.67

-$215,446.67

+$0.00

($204,126.67)

061-99061-00

Admin State

$2,154.47 n/a

$0.00 n/a

$0.00 n/a

($2,041.27) n/a

$113.20 $0.00

$113.20 $0.00

$2,154.47 $10,772.33

$0.00 ($10,772.33)

- $2,154.47 $0.00

+$0.00 +$0.00

($2,041.27) $0.00

193

1545 Indian River County: Summary Page I of I

FloridaPA.org i Welcome, Ruth Bommarito Logout Horne ! Current Disasters ! Applicant Guidelines and Guides PA Info ; Forms Contacts

My Home Reports

Indian River County Declaration: FEMA-1545-DR-FL

FIPS: : 061-99061-00 1545 HURRICANE FRANCES (DR)•

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'

Status: Active Account Project management and reimbursement processing.

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Unobllgated Count: O Large, O Small

Obligated Count: 11 Large, 114 Small

Eligible Obligated: $21,235,603.15

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Date Submitted: Sep 23, 2004 (via Fax)

Date Approved: Jul 15, 2009

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State Obligated:

Requests

$19,437,658.13

$970,061 ,65

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Method: Mail Agreement

Number: 05-PA-Go/o-10-41-00-800

Status: Complete since Nov 10, 2004

~ View Funding Agreement

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~ Alternate -a., Feb 22, 2011 ProJect Version #3330-2 Mr Jason Brown, Director of Note Added Management & Budget

Authorized Mr. John King, Director of Emergency Services

MB3 PA Porta! v3.2.025

http://wwwJloridapa.org/client/account/? AccountID= 13 84 3/16/2011194

1561 Indian River County: Summary Page 1 of 1

FlorldaPA.org i Welcome, Ruth Bommarito i Logout Home I Current Dlsasters j Appllcant Guidelines and Guides PA Info ; Forms , Contacts

My Home Reports

Indian River County Declaration: : FEMA-1561-DR-FL

FIPS: 061-99061-00 1561 HURRICANE JEANNE (DR)•

Summary j Contacts

' Projects

Status: Active Account Project management and reimbursement processing.

Q Projects

Unobligated Count: 0 Large, D Small

Obligated Count: 28 Large, 70 Small

Eligible O~ligated: $16,452,141.59


Assistance

Date Submitted: Oct 22, 2004 (via Fax)

Date Approved: Oct 29, 2004

q,_ View Request for Public Assistance

1 Location (Indian River County) ~----~ Directions

1801 27th street

Vero Beach, FL

32960 undefined

System Requirements

i Requests Documents I' Ii Notes !: History

.:¥"' New Note

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Primary Mr. John King, Director of Emergency Services

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· '<\ Mar1,2D11 201102:Jan-Mar: Hurricane Jeanne for Indian River County Created

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, l q, Feb 24, 2011 Project Version #3571-3 Note Added

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1609 Indian River County: Summary Page 1 of 1

FloridaPA.org : Welcome, Ruth Bommarito i Logout Home i Current Disasters ! Applicant Guidelines and Guides PA Info ! Forms ' Contacts

My Home Reports

Indian River County 1609 HURRICANE WILMA (DR)•

Declaration: FEMA-1609-DR-FL

FIPS: 061-99061-00

Summary Expenses Documents History

Status: Active Account (Pending Closeout) Project management and reimbursement processing.

@ Projects

Unobligated Count:

Obligated Count:

Eligible Obligated:

o Large, o Small

4 Large, 37 Small

$1,428,302.34


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Date Submitted: Oct 26, 2005 (via Electronic)

Date Approved: Nov 1, 2005

~ View Request for Public Assistance

1801 27th street

Vero Beach, FL

32960 undefined

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$1,453,585.40

$0.00

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Number: · 06-WL-&K-10-41-00-522

Status: Complete since Dec 15, 2005

Q;_ View Funding Agreement

Primary Mr. Jason Brown, Director of Management & Budget

Alternate Ms. Ruth Bommarito, Budget Analyst


http://www.floridapa.org/client/account/index.cfm?AccountID=4070

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4" New Note

~, New Request "

q Quarterly Reports ...

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t\_ FLAIR Payment Status v

Request for Reimbursement #2 on Project #6145 advanced from Applicant Submission to Final Review

Request for Reimbursement #2 on Project #6145 Modified°

Request for Reimbursement #2 on ProjeCt #6145 Created

MB3 PA Porta! v3.2.025

3/16/2011196

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Indian River County

Summary of Project Worksheet Closeout Adjustments

Reference Description PW# Hurricane Frances

IR-FG-EBl Expo Bldg-Fairground 2028 IRC-003-BG Dune Restoration-Baytree/Marbrisc 3871 EM-01-F Emergency Communications 800 M 5313 IRSIGN Signs 616

still open 72 hr Debris 399 Emergency Debris 373

Frances Totals

Hurricane Jeanne

Reference Description PW#

IRCP-7 Indian River County Parks 4998 IRCP-8 County Parks-510 Causeway Parks 4997

Gifford Park ballfield, South IRCP-12 County Park, 16th Street, Wabasso 4947

1-2-21) Shooting Range 6249 EM-01-J 800mhz 3155 IRCP-5 Kiwanis Hobart Park 5034 J-040 Swale Debris 2579 IRC-001 Emer&"ency Berm Restoration 124 LFILL-015 Main Landfill 816 LFILL-010 Roseland Recycling Center 814 B-16 County road/railroad crossings 360 LFILL-009 Winter Beach Recycling Center 850 830CV3 Debris Removal 830

833CV2 Debris Removal 833 CV3 Debris Removal-non 72 hours 830 IRC01561 A-02-VI Debris Removal-72 Hours 833 IRC01561 A-02-VI Debris Removal-non 72 hours 830 3571CV3 Purchsing Warehouse 3571

3/16/2011F:\Budget\Ruth\Hurricanes\Recap of closeout amounts

Federal Admin State Date

$2,004.45 $111.40 $111.36 11/16/2007 $107,763.13 $598.68 $5,986.84 1/9/2008

$9.00 $0.50 $0.50 1/7/2008 $466,924.34 $2,594.02 $25,940.24 7/16/2008

$132,163.00 ($506,985.00)

$201,878.92 $3,304.60 $32,038.94

Federal Admin State Date

$15,403.62 $130.17 $855.76 10/12/2007 $943.25 $943.25 $52.40 10/12/2007

$6,909.10 $6,909.10 $383.84 10/12/2007

($167,697.32) ($808.82) ($8,088.31) 1/27/2009 ($45,405.64) ($217.51) ($2,174.95) 1/27/2009 ($74,817.00) ($373.60) ($3,735.99) 1/27/2009 $23,616.07 $118.08 $1,180.80 1/27/2009

$240,873.51 $19,313.98 $12,043.73 1/27/2009 ($399.47) 1/27/2009 ($628.56) 1/27/2009 ($430.45) 1/27/2009 ($125.20) 1/27/2009

($11,951.45) 1/27/2009 ($5,739.54) 1/27/2009

$818,844.02 $6,221.08 1/12/2010 $93,773.68 $466.54 1/12/2010 $40,942.20 1/19/2010

$142,756.66 $713.78 $7,137.83 2/22/2010

Indian River County Summary of Project Worksheet Closeout Adjustments

Reference Description PW# Federal Admin State Date St_i_ll Open.

IRCB-WBJG Wabasso Beach 5784 $869,089.80

3571CV3 Purchasing Warehouse 3571 ($152,122.90)

IRCOOl Emergency Dune Restoration 124 $117,471.44

Jeanne Totals $1,930,580.49 $14,141.38 $7,655.11

Hurricane Wilma

Reference Description PW# Federal

Still 0pen A-INDWA-3 Debris Removal 6145 $806.35

C-IND9049 IR County-Wide Sign Damage 5691 ($204,319.65)

Wilma Totals _jg03,513.30)

Grand Total of all 3 hurricanes $1,928,946.11

-c.o 00 3/l6/2011F:\Budget\Ruth\Hurricanes\Recap of closeout amounts

Summary of Anticipated Adjustments-Open PW's

Full Amount % Admin Total Fund

Frances

A 72 hr Debris 399 132,163.75 100.00% 660.82 132,824.57 411

A Emergency Debris 373 (506,985.47) 90.00% (2,534.93) (458,821.85) 411

I Frances Subtotal ($374,821.72} ($1,874:11) (S:325,997.28)1

Jeanne IRCB-WBJG Wabasso Beach 5784 $869,089.41 90.00% 4,345.46 $786,525.93 315

3571CV3 Purchsing Warehouse 3571 ($152,122.90) 90.00% (760.61) ($137,671.22) 315

IRC001 Emergency Dune Restorat 124 $117,471.44 90.00% 587.36 $106,311.66 128

!Jeanne Subtotal $834,437.95 . $.4,172.21 · $7.55,166;37

Wilma

A-INDWA-3 Debris Removal 6145 $806.35 100.00% 40.32 $846.67 111

C-IND9049 Signs 5691 ($204,126.67) 100.00% {2,041.27) ($206,167.94) 111

Wilma Subtotal ($203,320.32) ($2,000:95.) {$,205)32L27)

Grand Total $256,295.91 $297:is ·.·. $723,847.81

-c.o C.O 3/16/2011F:\Budget\Ruth\Hurricanes\Recap of closeout amounts

To:

Indian River County Interoffice Memorandum

Office of Management & Budget

Members of the Board of County Commissioner ·

CONSENT

From: Jason E. Brown Director, Office of Manage

Date: March 16, 2011

Subject: Miscellaneous Budget Amendment 012

Description and Conditions

The att,iched budget amendment appropriates funding necessaryfor the following:

1. The Department of Community Affairs/Division of Emergency Management has awarded Indian River County the Emergency Management Preparedness and Assistance (EMPA) Grant. The attached entry appropriates funding for this grant in the amount of $13,752.

2. On September 15, 2009, the Board of County Commissioners approved a local Jobs Grant for OcuCue LLC. The payment schedule dictates that the County pays up to $131,000 per year over a three year period. The attached entry appropriates funding for year one in the amount of $43,667 from General Fund contingency.

3. The Indian River County Recreation Department has received donations from the Vero Beach Codgers as a contribution grant to support Recreation Department youth activitjes. The attached budget entry appropriates these donated funds in the amount of $480.

4. An additional Other Post Employment Benefits (OPEB) study is necessary regarding possible post employment benefits. The attached entry appropriates funding from General Fund contingency in the amount of $5,000.

Staff Recommendation

Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2010/2011 budget.

Attachments

Budget Resolution

APPROVED AGENDA ITEM:

FO March 22 2011

Indian River Count

Administrator

County Attorney

Budget

Department

Risk Management

200

RESOLUTION NO. 2011---

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2010-2011 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2010-2011 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and

WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2010-2011 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2010-2011 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution.

This Resolution was moved for adoption by Commissioner ______ , and the motion was seconded by Commissioner ____ _ and, upon being put to a vote, the vote was as follows:

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

The Chairman thereupon declared this Resolution duly passed and adopted this __ day of _______ , 2011.

Attest: J. K. Barton, Clerk

By _________ _ Deputy Clerk

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By __________ _ Bob Solari, Chairman

BY

APPROVED AS TO FORM ANDLEGAU>t:tFFl~IENCY

Exhibit "A"

(P Resolution No. 2011-

' Budget Office Approval: I _,, ./1/ Budget Amendment 012

Jason!~ Brow , Budget Dire!I ~ )

Entry Fund/ Depc ~UAccount Name

Number Account Number lnCrease Decrease

1. Revenue

General Fund/lntergovernmental/EMPA Grant 001033-334232 $13,752 $0

Expense

General Fund/Emergency Management Grant/Other .

Operating Supplies 00123825-035290 $13,752 $0

2. Expense

General Fund/Agencies/OcuCue LLC Local Jobs Grant 00111015-088009 $43,667 $0

General Fund/Reserves/Reserve for c·ontingency 00119981-099910 $0 $43,667

3. Revenue

M.S.T.U./Other Miscellaneous RevenueNero Codgers 004038-369900-05999 $480 $0

Expense

M.S.T.U./Recreation/AthleticsNero Codgers 00410872-041120-05999 $480 $0

4. Expense

General Fund/Management & Budget/Other 00122913-033190 $5,000 $0 Professional Services

.

General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $5,000 .

202

TO:

FROM:

SUBJECT:

DATE:


BOARD MEMORANDUM


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

Sector 3 Beach Restoration Project Change Order #4 - Fuel Cost Adjustment Ranger Construction Industries, Inc.

March 17, 2.011


Indian River County has contracted with Ranger Construction Industries, Inc. (Ranger) to construct the Sector 3 Beach Restoration Project. As required by permit, the project is being constructed in two separate phases. The southernmost 4.4 miles of coastline (Phase #1) was completed in December, 2.010. The northernmost 2..3 miles (Phase #2.) is currently under construction. Approximately 2.81,000 cubic yards of sand will be required to complete Phase 2.

On March 4, 2011, Ranger submitted Change Order #4, requesting that the County pay an additional $1.01 per cubic yard for Phase 2 sand, an increase that would raise the cost of the project by $283,810 (281,000 cubic yards x $1.01). The additional $1.01 per cubic yard was to cover the increase in fuel costs absorbed by the contractor since the project was bid in August, 2009.

On March 15, 2011, the Board of County Commissioners approved 50% of the $1.01 increase, and directed staff to calculate the precise increase in fuel costs using March 23, 2010 (not August, 2009} as the baseline for the increase. The Board designated March 23rd (2010} as the baseline because that was the date that Ranger agreed to freeze the price of Phase 2 sand at $15.66 per cubic yard.

C:\Documents and Settingslchrism\Desktop\Beach Sector 3 Change Order #4 BCC consent 03-22-2011.docx

203

March 22, 2011 BCC Meeting - CONSENT Agenda Sector 3 Beach Restoration Change Order #4 March 17, 2011

The breakdown of the fuel cost increase($ per cubic yard) is as follows:

ITEM

Trucking Dredge/ Processing

RANGER REQUEST

$0.27 per cy $0.56 per cy

Construction $0.18 per cy $1.01 per cy

BOARD APPROVED (50%) QUANTITY

$0.135 per cy 281,000 cy $0.280 per cy 281,000 cy

$0.090 per cy $0.505 per cy

281,000 cy TOTAL=

TOTAL (@SO%)

$37,935 $78,680

$25,290 $141,905

Staff is developing a system whereby the contractor will be allowed to recover the increase in fuel cost, based on a weekly nationwide fuel cost index, using March 23, 2010 as the baseline. The system will be a supplement to Change Order #4 and will be made available to the Board prior to the March 22, 2011 Board meeting.

RECOMMENDATION

Staff recommends that the Board approve Change Order #4.

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 the project is available and budgeted in the Beach Restoration Fund, Sector 3 Beach Restoration Account No.12814472-066510-05054. For Design, Construction & Monitoring, $13,152,750 is budgeted from all sources. Based upon the new contract price of $10,319,233.90, the total estimated cost of the project including Design, Construction, Monitoring, & Mitigation equals $14,862,331, which exceeds the budgeted amount by $1,709,581. Please note, the $14,862,331 total includes $1.6 Million in Mitigation cost that may not be needed. Additionally, these funds would not be expended until December 2012 which would allow two additional years of tourist tax revenues and other sources as budgeted, to accumulate for this purpose.

There is currently no state cost sharing approved for this project. FDEP has agreed that the project will qualify for 50% state cost sharing, but the FY 2009-1010 state budget cycle does not include funding for Sector 3 construction. Under the rules of the cost sharing grant program, the County can construct the project with its own funds and then has up to 3 years to seek reimbursement under the cost sharing program.

C:\Documents and Settings\chrism\Desktop\Beach Sector 3 Change Order#4 BCC consent 03-22-2011.docx

204

March 22, 2011 BCC Meeting - CONSENT Agenda Sector 3 Beach Restoration Change Order #4 March 17, 2011


March 22. 2011

Approved Indian River County

Administration (00

Budget I Legal

Public Works G,--

Division

C:\Documents and Settings\chrism\Desktop\Beach Sector 3 Change Order #4 BCC consent 03-22-2011.docx

Date

3-J,J...I}

03-r7-II

205

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM


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

James D. Gray, Jr. ~ Coastal Engineer ~

Sector 3 Beach Restoration Project Change Order No. 4 - Fuel Cost Increase Supplemental Information

March 21, 2011

SUPPLEMENTAL INFORMATION TO CHANGE ORDER NO. 4

ADDITIONAL BACK-UP March 22, 2011

CONSENT ITEM - 8N

Coastal Engineering staff developed a system whereby the Contractor, Ranger Construction Industries, Inc. (Ranger), will be allowed to recover additional expenses incurred due to the increase in fuel costs during the construction of Phase 2 of the Sector 3 Beach Restoration Project.

On March 15, 2011, the Board of County Commissioners designated March 23, 2010 as the baseline date for fuel adjustments, and $3.00 per gallon as the baseline cost of diesel fuel. On March 23, 2010, Ranger agreed to freeze the price of Phase 2 sand at $15.66 per cubic yard, and diesel fuel sold at an average of $3.00 per gallon on that date.

To account for fluctuating fuel prices, a weekly average fuel cost will be used to determine all fuel adjustments for "Ultra Low Sulfur Fuel", as updated and published weekly by the U.S. Energy Information Administration (EIA) for the lower Atlantic region, including Florida. Fuel prices above $3.00 will be applied as an additional payment to the contractor while fuel prices below $3.00 will be applied as a credit to the County.

F:\Public Works\JamesG\Sector 3\Change Order\Agenda Item\3-18-11 FINAL Beach Sector 3 Change Order #4 Supplemential Information BCC 3-22-11 .docx

Agenda Item For 03-22-2011 BCC Meeting Sector 3 Beach Restoration - Change Order #4- Supplemental Information

March 21, 2011

Calculation of fuel adiustments

Ranger's proposal cites three (3) elements of construction and identifies the corresponding fuel consumption rate (gallons per cubic yard) as follows:

1. Trucking - transporting sand from the mine to the beach= 0.267 gal/CY 2. Dredging and Processing - processing and refining to produce beach

compatible sand= 0.576 gal/cy 3. Construction - place and grade sand on the beach= 0.191 gal/cy

The total consumption rate = 1.034 gal/cy. Therefore, the percentage of the total consumption rate for each element of construction is as follows:

1. Trucking = 25.82 % 2. Dredge and Processing= 55.71% 3. Construction = 18.4 7%

Price per cubic yard

To determine the applicable fuel adjustment (price per cubic yard) the total fuel consumption rate of 1.034 gallons per cubic yard is multiplied by the difference in fuel price between the March 2010 baseline rate of $3.00 per gallon and the current weekly fuel index at the time sand is placed on the beach.

For example, with the total fuel consumption rate fixed at 1.034 gallons per cubic yard and the weekly price of fuel for the week ending March 14, 2011 at $3.89 per gallon, the cost to truck, dredge and process, and place sand along a portion of the Phase 2 project would increase by $0.92 per cubic yard.

The cost breakdown of construction elements is as follows: 1. Trucking= $0.24 per cubic yard

($3.89/gal - $3.00/gal) x 0.267 gal/cy = $0.24 per cubic yard 2. Dredging/processing= $0.51 per cubic yard

($3.89/gal - $3.00/gal) x 0.576 gal/cy = $0.51 per cubic yard. 3. Construction= $0.17 per cubic yard

($3.89/gal - $3.00/gal) x 0.191 gal/cy = $0.17 per cubic yard. Total = $0.92 per cubic yard

F:\Public Works\JamesG\Sector 3\Change Order\Agenda Item\3-18-11 FINAL Beach Sector 3 Change Order #4 Supplemential Information BCC 3-22-11.docx

Agenda Item For 03-22-2011 BCC Meeting Sector 3 Beach Restoration - Change Order #4 - Supplemental Information March 21, 2011

Adiusted fuel price

The fuel cost increase will be determined by multiplying the price per cubic yard, as detailed above, by the total surveyed sand volume (cubic yards) placed on the beach. Sand volumes will be determined through surveys as identified by the contract documents.

For example, if the price per cubic yard increased $0.92 from March 2010 to the week ending March 14, 2011, and a survey identified that 30,000 cubic yards of sand were placed and graded in the design template between the week of March 7, 2011 and March 14, 2011 Ranger would receive a fuel adjustment of $27,600. ($0.92 per cubic yard x 30,000 cubic yards= $27,600)

RECOMMENDATION

Staff recommends that the Board approve the above described system to calculate fuel cost adjustments to the Phase 2 sand portion of the contract.

APPROVED AGENDA ITEM Indian River County Approved

Administration

Budget

Lega l

Public Works

Coasta l Engr. Division

F:\Public Works\JamesG\Sector 3\Change Order\Agenda Item\3-18-11 FINAL Beach Sector 3 Change Order #4 Supplemential Information BCC 3-22-11.docx

/DA 1. Public Hearing - B.C.C. 03.22.11

Office of INDIAN RIVER COUNTY

ATTORNEY

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

MEMORANDUM

TO:

FROM:

DATE:

Board of County Commissioners _ -~

Alan S. Polackwich, Sr., County A~~;}-.

March 11, 2011

SUBJECT: Concealed Weapons in County Parks and Recreational Facilities

BACKGROUND.

Section 205.03, IRC Code, prohibits a person from carrying a gun, pistol or firearm in a County park or recreational facility without a permit from the IRC Recreation Department. This section appears to conflict with the following provisions of State law: (1) section 790.33, Florida Statutes, which expressly preempts to State law "the whole field of regulation of firearms and ammunition, including ... ownership, possession, and transportation thereof, to the exclusion of all existing and future county ... ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void," and (2) section 790.01 and 790.06, Florida Statutes, which allow individuals who hold a valid concealed weapons license to carry concealed weapons in all places except those specifically listed in the statute. County parks and recreational facilities are not listed - which means that individuals holding a valid concealed weapons license are allowed by State law to carry the weapons in County parks and recreational facilities.

APPROVED FOR MARCH 22, 201 I B.C.C.MEETING-PUB ING

F:\Allvm,j,lindd,.GENERADJJ C O,Age,uI,, MelM/\Ctmeealed Weapons in i'tJrks OZ.do,:

Indian River Co.

Adrnin.

Co. Atty. Budget

Dept. Risk Mgr.

206

Board of County Commissioners March 11, 2011 Page Two

A concerned citizen brought the issue to the attention of the County and requested that the Code be amended to be consistent with State law. On February 8, 2011, the Board of County Commissioners agreed, and directed the County Attorney to prepare an ordinance which is consistent with State law. A copy of the proposed ordinance is attached. The ordinance can only be adopted after a public hearing.

RECOMMENDATION.

The County Attorney recommends that (1) tbe Chairman open the public hearing, take comments from the public, and close the public hearing; and (2) the Board then consider adoption of the proposed ordinance.

ATTACHMENT.

Proposed ordinance

ASP:LAC Attachment

F:\Arwmq,.Unda\GENERAI)JJ C OA.genda MemoN:oncealed Weap,,ns in Porks 02.doc

207

ORDINANCE NO. 2011-__

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 205, "PARKS AND RECREATION," OF THE CODE OF INDIAN RIVER COUNTY TO PERMIT THE CARRYING OR POSSESSION OF CONCEALED WEAPONS OR FIREARMS IN PARKS AND RECREATIONAL AREAS, IN ACCORDANCE WITH FLORIDA STATUTES, SECTIONS 790.33 AND 790.06; PROVIDING FOR SEVERABILITY, A GENERAL REPEALER AND AN EFFECTIVE DATE.

WHEREAS, Florida Statutes, Section 790.33, provides, with some limited exceptions, that exclusive jurisdiction over the regulatjon of firearms in Florida, including the possession and transportation of firearms, is vested exclusively in the State of Florida and that any local ordinances to the contrary shall be nuU and void; and

WHEREAS, Florida Statutes, Section 790.06 authorizes the State of Florida to issue licenses to persons to carry concealed weapons or firearms in most areas of the state, including county parks and recreational areas; and

WHEREAS, IRC Code, Section 205.03(5), provides that no person shall carry any gun, pistol or firearm in any county park or recreational area, without a permit issued by the park or recreation department of Indian River County; and

WHEREAS, IRC Code, Section 205.03(5) appears to be in conflict with Florida Statutes, Sections 790.33 and 790.06, and therefore should be amended to be consistent with state law,

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:

Section 1. Legislative Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as the legislative findings of the Board.

Section 2. Amendment of Chapter 205, "PARKS AND RECREATION" of the Indian River County Code.

Chapter 205 of the Indian River County Code is hereby amended as follows:

Section 205.02. Definitions.

1

CODING: Words in strilrn thrn~!Jh format are deletions to existing text; words in underlined format are additions to existing text.

208

ORDINANCE NO. 2011·-'---

For the purpose of this chapter the following words or phrases shall have the meanings set forth below. When not inconsistent with the context, words in the plural include the singular, words used in the present tense include the future, words in the singular number include the plural number. The word "shall" is always mandatory.

* * *

Gun A1eans any instruA1ent capable of firing a projectile or bullet at a high velocity, but not 1iA1ited to, any air gun, sling or slingshot.

Firearm means any firearm as defined in Florida Statutes. Section 790.001 (6), as amended from time to time.

Section 205.03. Rules and regulations .

• * *

(5) Firearms or fireworks. No person in any park or recreational area shall @l carry or possess a firearm. except as authorized by state law. Without limitation. a person may carry a concealed weapon or firearm to the extent permitted by .Florida Statutes. 790.06, or (b) fire or discharge any gun, pistol or firearm, or. any rocket, torpedo or other fireworks of any description, without a permit from the department.

Section 3. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect.

Section 4. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 5. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State.

The Clerk to the Board shall mail the certified copy of the ordinance to the Department of State within ten (1 0) days after enactment.

This ordinance was advertised in the Vero Beach Press Journal on the 9th day of March, 2011, for a public hearing to be held on the 22nd day of March, 2011, at which time it was moved for adoption by Commissioner ______ , seconded by Commissioner and adopted by the following vote:

2

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209

ORDINANCE NO. 2011-__

Chairman Bob Solari

Vice-Chairman Gary C. Wheeler

Commissioner Wesley S. Davis

Commissioner Joseph E. Flescher

Commissioner Peter D. O'Bryan

The Chairman thereupon declared the ordinance duly passed and adopted this __ day of March, 2011.


By:-------,-----Deputy Clerk


By: ___ ----,---::-,----,----------Bob Solari, Chairman

Approved as to form and legal sufficiency

ACKNOWLEDGEMENT: This ordinance was filed with the Department of State of the State of Florida this __ day of----~ 2011.

3

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210

TO:


MEMORANDUM


TMENT HEAD CONCURRENCE:

Robert M. Keating, unity Development Director

FROM: Sasan Rohani, AICP Chief, Long-Range Planning

DATE: March 9, 2011

PUBLIC HEARING (LEGISLATIVE)

SUBJECT: County Initiated Request to Amend Comprehensive Plan Future Land Use Element Policy 1.16 to Allow up to 25% Recreational Vehicle Use in Mobile Home Rental Park land use category for parks less than 20 Acres in Size (CPTA 2011010004)

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 22, 2011.


This is a county initiated request to amend the text of policy 1.16 of the Comprehensive Plan's Future Land Use Element to allow up to twenty five percent (25%) recreational vehicle use within the Mobile Home Rental Park (MHRP) land use category for parks less than 20 acres in size.

Comprehensive Plan Amendment Review Procedures

Although the number of plan amendments that a local government may consider is not limited, state law regulates the frequency with which local governments may amend their comprehensive plans. According to Florida Statutes, plan amendments are limited to twice per calendar year. For that reason, the county accepts general plan amendment applications only during the "window'' months of January and July. In this case, the subject application was submitted during the January 2011 window.

The procedures for reviewing a comprehensive plan amendment involve several steps. First, the Planning and Zoning Commission, as the Local Planning Agency, conducts a public hearing to review the request. The Commission has the option to recommend approval or denial of the Comprehensive Plan amendment request to the Board of County Commissioners.

F:\Community Development\Comprehensive Plan TextAmendments\Januruy201 l- RVs inMHRPs\MHRP\R.Vs in Mobile Home Rental Parks BCC 1 211 March 22 meeting staff report.rtf

Following Planning and Zoning Commission action, the Board of County Commissioners conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to the state Department of Community Affairs (DCA) for state consideration.

If the Comprehensive Plan amendment is transmitted, DCA conducts a review, which includes soliciting comments from the Treasure Coast Regional Planning Council, several state agencies, and neighboring local govermnents. After its review, DCA compiles its comments in an Objections, Recommendations, and Comments (0RC) Report and transmits that report to the County. Subsequent to staff addressing any issues that were raised in the 0RC Report, a second and final Board of County Commissioners public hearing is conducted. If the Board approves the request, the approved amendment is submitted to DCA for a compliance determination. The effective adoption date is when the amendment is found "in compliance" by DCA.

On February 24, 2011, the Planning and Zoning Commission voted 6 - 0 to recommend that the Board of County Commissioners approve the proposed request.

This public hearing is the second step in the comprehensive plan amendment process. At this time, the Board of County Commissioners must decide whether or not to transmit the proposed amendment to the State Department of Community Affairs (DCA) for the state review.

Background

In 2007, the Board of County Commissioners adopted a comprehensive plan amendment that established a new Mobile Home Rental Park (MHRP) land use category and changed the future land use plan designation of 12 existing mobile home rental parks to MHRP. The purpose of that amendment was to offer added protection to the residents of rental parks from conversion of the parks to other uses, resulting in displacement of the residents. Since that comprehensive plan amendment was approved, the owner of one of the readesignated mobile home parks (Shady Rest) applied for and was approved for annexation into the City of Sebastian. Subsequently, Sebastian re-designated the park to allow for its conversion to commercial use after a 5 year period.

In 2008, staff and Commissioner Gary Wheeler spoke with two mobile home rental park owner representatives about some of the challenges of keeping rental parks occupied and financially feasible. At that time, the representatives indicated that some rental parks would be more financially feasible, and less prone to conversion, if a limited number of mobile home rental spaces could be rented-out for recreational vehicle (RV) use.

Subsequently, the BCC considered a proposed comprehensive plan amendment to allow a limited number of RV units in mobile home rental parks designated MHRP. That amendment, however, was opposed by residents of several large mobile home parks. After discussion, the Board voted to not transmit the proposed amendment to the State Department of Community Affairs for its review. As a

· result, current county comprehensive plan policy does not allow RVs in MHRP designated mobile home parks.

F:\Community Development\Comprehensive Plan Text Amendments\Januaty 2011- RVs in MHRPs\MHRP\RVs in Mobile Home Rental Parks BCC 2 March 22 meeting staff report.rtf 21 2

In 2010, staff and Commissioner Wheeler spoke with representatives of two resident-owned mobile home parks. The representatives recommended that the county again consider allowing a limited number of RVs in mobile home parks to make the parks more financially sustainable. In response, staff drafted a new comprehensive plan amendment and a corresponding LDR amendment that would not affect the larger mobile home parks whose residents objected to the 2008 initiative. Those drafts were presented to the Board of County Commissioners on September 7, 2010. At that time, the Board reviewed the drafts and directed staff to initiate an amendmentto Comprehensive Plan Future Land Use Policy 1.16 to allow a limited number of RVs in small mobile home rental parks.

In November 2010, staff and Commissioner Wheeler presented and explained the draft changes to a large gathering of residents from various mobile home parks. After an extensive question and answer session, there were no objections to the proposed changes.

ANALYSIS

Along US Highway 1, there are several older, grandfathered-in mobile home rental parks that continue to have a mix of RV rentals along with mobile home rentals. Generally, those parks are small in scale (20 acres or less) and consist mostly of mobile homes, with a small portion of RVs. Those parks have functioned well as mobile home rental communities, while allowing a limited number of RVs. Thus, staff's research indicates that a limited number of RVs are compatible with mobile homes in small scale mobile home rental parks.

To allow a limited number of RVs in all small mobile home rental parks, staff has drafted a comprehensive plan text amendment that would allow up to 25% of the mobile home spaces within MHRP designated parks that are 20 acres or less in size to be used for RVs. Based on the proposed 20 acre park size limitation, the RV allowance would be applicable only to the following three parks:

1. Tanglewood Village (south US 1) 2. Holiday Village (Oslo Road/27th Ave) 3. Ranchland (SR60/82nd Ave)

17.57 acres 18.18 acres 16.01 acres

Thus, the proposed amendment, if adopted, would not allow owners oflarger parks such as Heron Cay and Village Green to obtain approval for RV spaces.

To complement the proposed land use plan amendment, staff has drafted an LDR amendment that would set limits to, and provide regulations for, RVs in rental parks. Consistent with the draft plan amendment, the proposed LDRs would allow up to 25% of the rental park's mobile home spaces to be used for RV spaces. Under the draft regulations, RVs would be treated the same as mobile homes for density .and setback purposes, and no increase in density would be allowed. If the Board votes to approve the proposed plan amendment, then staff will bring forward the LDR amendment for formal adoption.

F:\Community Development\Comprehensive Plan Text Amendments\January 2011- RVs in MHRPs\1rfHRP\R.Vs in Mobile Home Rental Parks BCC 3 March 22 meeting staff report.rtf 2 1 3

Consistency with Comprehensive Plan

Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. Per section 800.07(1) of the county code, the "comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2), FS."

For a proposed amendment to be consistent with the plan, the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan, which identify actions the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions-including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is Policy 14.3.

Future Land Use Element Policy 14.3

In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a land use amendment request. These criteria are;

• The proposed amendment will correct a mistake in the approved plan; • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances affecting

the subject property; or • The proposed amendment involves a swap or reconfiguration of land use designations at

separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map.

This proposed future land use element amendment meets Policy 14.3's second criterion. When the MHRP land use designation category was first established in 2007, the feasibility of allowing limited recreational vehicle rentals was not considered. Because some rental parks would be more financially feasible and less prone to conversion to other uses if a limited number of mobile home rental spaces could be rented-out for recreational vehicles (RVs), allowing limited RV use would further the county's policy of protecting mobile home residents from conversions. Since this was not considered at the time that the MHRP land use designation was adopted, the proposed text amendment meets the second criterion of Future Land Use Element Policy 14.3.

Summary of Consistency with the Comprehensive Plan

While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan.

F:\Community Development\Comprehensive Plan TextAmendments\January 2011- RVs in MHRPs\MHRP\RVs in Mobile Home Rental Parks BCC 4 March 22 meeting staff report.rtf 21 4

CONCLUSION

Staffs position is that allowing a limited number ofRVs within small mobile home rental parks will not adversely affect such parks and will allow owuers of small-scale parks a potential additional revenue stream. That additional revenue could allow those parks to operate in a more financially sustainable way and relieve pressure for conversion to a more profitable use. Since this RV initiative is limited to small scale parks, larger mobile home parks will be unaffected by the proposed plan amendment.

RECOMMENDATION:

Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the attached resolution approving transmittal of the proposed comprehensive plan text amendment to allow up to 25% recreational vehicles (RVs) use in mobile home rental park land use category for parks less than 20 acres in size to the State Department of Community Affairs (DCA) forreview.

ATTACHMENTS:

1. Application 2. Draft Comprehensive Plan Text (policy 1.16 of FLUE) Amendment 3. Unapproved minutes of the February 24th Planning and Zoning Meeting 4. Transmittal Resolution

Approved Agenda Item:

For.,y..µ.:..,_._-l.l!,.l,J-l'--l--''--'--'''---"'&wJ""

Indian River Co.

Admin.

Legal

Budget

Dept.

Risk

Approved Date

F:\Community Development\Comprehensive Plan Text Amendments\January 2011- RVs in MHRPs\MHR.P\R.Vs in Mobile Home Rental Parks BCC 5 March 22 meeting staff report.rtf 21 5

APPLICATION FORM COMPREHENSIVE PLAN TEXT AMENDMENT(CPTA)

. ktf;;;r,~'?t>.?-... /:•~ "-" "0J_1 ...;:c·,

di~ I-., / ~ ''I'. 1--• . 1P~

INDIAN RIVER COUNTY tf .. '.:''' ,,);;: Planning Division accepts Comprehensive Plan Tex.t Amen~m. :nt applicatio.nsilydli~i.ng . ;~ the months of January and July of each year. Each apphcat10n must be co~pkte when , > submitted and must include all required attachments. An incomplete applicat~a,:ill not , , ·.,/ be processed and will be returned to the applicant. ',~fC.J,'.:!..)_Ji:S:}J>"

Assigned Project Number: CPTA - 17( {)II 0/ t>O '{) l.J - t &,.2 &,S-

' Current Owner/Applicant Agent '

Nam.e: '

'S~v\ 60[1c.~ Complete Mailing

i f:\O I 2- 1-f',, <:; M V'6 I fl. Address: Phone # (including area

llz_- 22./p - / 253 code) Fax# (including area code) E-Mail: s6,til,,<.q@ 111'<-_qcV, ucw,

Contact Person: s-f,.,.., t-:w= " "

Signature of Owner or Agent: --'ffe __ """--~---f'+'------------

Please attach the following items to this application. Do not ignore any of the following items. Indicate "NIA" ifan item is not applicable.

I. What is the proposed amendment's citation in the Comprehensive Plan? Include the element or subelement, page number, and if a1?plicable, the objective and policy number(s).

r.,,~ L,t;,.J Us'- t[eA,,.J/_v;t lolicj I, 16 2. What is the exact language pro~osed to be added and/or deleted from the plan?

(plt<t.H. 5,e." a:H:cc.~..d,) 3. What is the purpose of the request? . . I 6.-1 ~ .... / n pcul'k - ( /es,· -ft..- 20 ~,v-es)

fo q_i/ow li""-''M ll~ cf /Z V Sj)'\Ce,.S ,111 svaal "'' 'e. V'(W!TV,.{_ .l

4. Whatisthejustificationfortherequest? . _ . f . fl k .,_,i,.,;J f"'-kc-/iM su,4 P"ll'/cs ..,,,,. Al/owi"j u.se. cf RVs --,II fM~"'1C.e. e<o-,,,.,.,...c.,. v, 4 t,/71 ° ;~"•~~P~s -/1,t;J- ...,;q ""J,P"~~ -fi,v,, f&,,fa ... ~w,<.,,e«I

5. Provide an analysis of the proposed amendment's consIStencywith all applicable goals, objectives, and policies of the comprehensive plan.

s-b.~ Y'l'.-P°"' -i {a f. I/ avJ"

6. Provide an analysis of the proposed amendment's impact on public facilities and services. No o..Wf,'!McJ, i"'P'«-f.s ~-it\ v"eNlf Si11c~ ~ iml/ k i,. i~c,,,,,se, i"1 d.a,i,,5 ;1.

7. Provide an analysis of the proposed amendment's environmental impacts. · AJov1e..

8. Provide a check, money order or cash in the amount of $2,600.00, made payable to Indian River Coilnty. Co=½ - ; .,; +i "'W 1 '"" k • . THE APPLICANT MUST ATTEND A PRE-APPLICATION cqNFERENCE WITH LONGRANGE PLANNING SECTION STAFF PRIOR TO APPLYING.

F:\Community Development\Users\VICKIE\FORMS\CPTAAMENDMENTFORM.doc

ATTACHMENT 1

I liJ

~ ,, , . •

2) 6

/ Attachment 2

Comprehensive Plan Future Land Use Element

Policy 1.15: The Mobile Home Rental Park Land Use designation will be applied only to those properties that contain mobile home rental parks fifteen (15) acres or more in size within the unincorporated portions of the county and limited to lands that are located within the urban service area.

Policy 1.16: Development in a Mobile Home Rental Park Land Use designation shall be limited to the following:

Mobile Home Residential Uses • up to 8 units/acre

Recreational Vehicle Uses (up to 25% of allowed units, within parks ofless than 20 acres) up to 8 units/acre ·

Recreation Uses • up to 0.35 FAR

Public Facilities • up to 0.35 FAR

Institutional Uses • up to 0.35 FAR

Bold Underline: Additions to Ordinance StFil::e threggh: Deleted Text from Existing Comp Plan Policy

Indian River County

F:\CommunityDevelopment\Comprehensive Plan Text Arnendments\January 2011\MHRP\Proposed policy 1.16 FLUE.doc 217

permit and the questio . would have been posed if the Appellant was present and under oath.

Mr. James Stags, Ge ral Manager for Mr. Darnerau, tes · ed he was in business as a junk or salvage rd since 2005 continually.

Ms. Annie Smith-Pryor, 46 43rd Court, Vero each, testified she lived behind the junkyard for the past 3 years and i ad been very quiet at the junkyard.

Mr. Quinton Williams, 4675 43rd Co behind the junkyard for 20 years and h

, Vero Beach, testified he also lived ot seen any activity at the junkyard

for more than a year.

Mr. Freddie Woolfork, P[ gressive Civic I.'. ague, asked for conformity in protocol to keep the propertie kept up.

Chairman Keys cl ed the public hearing at 9:01 .rn.

M ION BY Mr. Tripson, SECOND ns, the members voted unanimously 6-0)

this item until staff could determine licens1 g.

Chai erson Keys called a recess at 9:04 p.rn. and reconvened the rnee\i g at 9:11 p.rn.

Public Hearings

Chairman Keys read the following into the record:

A. County Initiated Request to Amend Comprehensive Plan Future Land Use Element Policy 1.16 to Allow up to 25% Recreational Vehicle Use in Mobile Horne Rental Parks of less than 20 Acres in Size [Legislative]. (9:12 p.rn.)

Mr. Sasan Rohani, IRC Chief, Long-Range Planning, gave a PowerPoint presentation on the proposed addition to the Comprehensive Plan Text Amendment, a copy of which is on file in the Commission Office.

Mr. Tripson requested the d~finition of a RV and whether it needed to be self propelled. Mr. Stan Bolingf Planning Director stated the definition of recreational vehicle would allow a pull behind or a motorized. ·

ATTACMMENT 3 PZC/Unapproved 6 February 24, 2011 C:\Documents and Settings\sasan\Local Settings\Temporary Internet Files\OLK1 0B\PZ 2 24 11.doc

' 218

Mr. Tripson asked what was the maximum period an RV was allowed to park in a mobile home park. Mr. Rohani advised there was not a maximum time frame.

Chairman Keys asked about regulations for mobile homes in mobile home parks wherein the mobile homes were required to have skirting all around and tie downs. Mr. Boling confirmed those were requirements for mobile homes; not for vehicles that could be moved on and off the site.

Mr. Boling advised if these changes were made it would allow a park owner to come in and apply for the change. He said this would involve a minor site plan approval, and would not require them to accept RVs; it will be a choice of the park owners, not something automatically happening.

Mr. Day questioned how many total slots it would involve per park. Mr. Boling responded it varied park to park with different densities; however, it would be 25 to high 30's for the parks.

Chairman Keys opened the public hearing at 9:23 p.m.

Wyndolyn Ripp, Heron Cay, 1400 90th Avenue, Vero Beach, asked whether a designated area would be set aside in each of the parks. Mr. Boling stated the spaces needed to be shown on a site plan and it could be one section or even two sections, depending on the layout.

Ms. Ripp referred to Florida Mobile Home Act; Florida Statute Ch. 1723, which defined what a mobile home park and what mobile homes were. She questioned whether having RVs in a mobile home park would allow the park continue to be considered a mobile home park.

Ms. Ripp defined a mobile home park as a use of land in which lots or spaces were offered for rent or lease for the placement of mobile homes, wherein the primary use of the park was residential. She further defined mobile homes as residential structures designed to be used as a dwelling and not originally sold as a recreational vehicle.

Mr. Boling advised in the terms of the County it would be treated as a mobile home park; however, if it were to have an impact on how the parks were to be designated by the State, it would be another question for the owner to review with the State.

PZC/Unapproved 7 February 24, 2011 C:\Documents and Settings\sasan\Local Settings\Temporary Internet Files\OLK1 0B\PZ 2 24 11.doc

219

Attorney Anderson was familiar with the Statute and advised the section being discussed had to do with the rights of the property owners in a mobile home park; however, it did not affect the zoning necessarily as it related to the County.

Mr. Bill Gorman, Tanglewood Village Manager, described problems they have had in the older parks where the lots were smaller and could accommodate the RV's better than the newer larger mobile homes. He said the grandfatheredin RV's and mobile homes in Tanglewood Village worked harmoniously and were agreeable to the change.

Mr. Day asked about the 25% cap. Mr. Gorman explained the cap would allow refurbishment and newer homes into the community, while maintaining the flavor of the community.

Mrs. Teddie Eaton, Vice President of the Board at Tanglewood requested appr9val of the amendment.

Mr. Brian Ellis, President of the Co-op at Tanglewood requested approval of the amendment.

Chairman Keys closed the public hearing at 9:39 p.m.

ON MOTION BY Mr. Zimmerman, SECONDED BY Mr. Brognano, the members voted unanimously (6-0) to approve staff's recommendation to recommend the Board of County Commission approve the proposed comprehensive plan text amendment.

Chairman Keys ad the following int the record:

B. A-1 Walee Rec e Ce er: Luisa Garcia's request for special exception u pproval for a demolition debris facility and for a i · trative permit use approval for an associated recY, ing faci to be known as A-1 Walee Recycle Center. ocated at 63 th Street, SW, on the north side of 9th Street SW, east of 6 h venue. Zoning Classificatio : A-1, Agricultural 1 (up 1 unit per 5 acres), and use designation: AG-1, Agr tural (up to 1 unit p r 5 acres). (2000090170-66004/SP-SE-11-01-01) [ uasi-Judicial]

PZC/Unapproved 8 February 24, 2011 C:\Documents and Settings\sasan\Local Settings\Temporary Internet Files\OLK108\PZ 2 24 11.doc 220

RESOLUTION NO. 2011-

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER . COUNTY, FLORIDA, APPROVING THE TRANSMITTAL OF A PROPOSED AMENDMENT

TO POLICY 1.16 OF THE FUTURE LAND USE ELEMENT OF THE INDIAN RIVER COUNTY COMPREHENSIVE PLAN TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS.

WHEREAS, the Board of County Commissioners adopted the Indian River County

Comprehensive Plan on February 13, 1990; and

WHEREAS, the county received the subject comprehensive plan amendment application during

its January 2011 amendment submittal window; and

WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this

comprehensive plan amendment request on February 24, 2011; and

WHEREAS, the Local Planning Agency recommends that the Board of County Commissioners

transmit the comprehensive plan amendment listed below to the Florida Department of Community

Affairs; and

WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal

Public Hearing on March 22, 2011, after advertising pursuant to F.S. 163.3 l 84(15)(b)(l); and

WHEREAS, The Board of County Commissioners announced at the transmittal public hearing its

intention to hold and advertise a final public hearing at the adoption stage of the plan amendment

process.

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

OF INDIAN RIVER COUNTY, FLORIDA THAT:

1. The above recitals are ratified in their entirety.

2. The following proposed amendment is approved for transmittal to the State of Florida Department of Community Affairs:

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I f, I

ATTACHMENT l}

"{' ,.

221


AMEND THE TEXT OF THE COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT BY REVISING POLICY 1.16 (ATTACHMENT "A").

3. The county does request that the Florida Department of Community Affairs review this comprehensive plan text amendment.

The forgoing Resolution was offered by Commissioner _________ and seconded by Commissioner ___________ and upon being put to a vote, the vote was as follows:

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

The Chairman thereupon declared the resolution duly passed and adopted at a public hearing held this 22nd day of March 2011.

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

BY: -----------Bob Solari, Chairman

ATTEST: _________ _

Jeffrey K. Barton, Clerk

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,,-- Alan S. Polachwich, County Attorney

,to<

APPROVED AS TO PLANNING MATTERS

Ro1iert M. Keating, AI Community Development Direc r

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RESOLUTION NO. 2011-_

Attachment "A"

Policy 1.16: Development in a Mobile Home Rental Park Land Use designation shall be limited to the following:

Mobile Home Residential Uses • up to 8 units/acre

Recreational Vehicle Uses (up to 25% of allowed units, within parks ofless than 20 acres) up to 8 units/ acre

Recreation Uses • up to 0.35 FAR

Public Facilities • up to 0.35 FAR

Institutional Uses • up to 0.35 FAR

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INDIAN RIVER COUNTY, FLORIDA MEMORANDUM


obert M. Keating, AI Community Development Directo

ArS

I

THROUGH: Stan Boling, AICP; Planning Director

IOA3 PUBIC HEARING

SPECIAL EXCEPTION USE (QUASI-JUDICIAL)

FROM: John W. McCoy, AICP; Senior Planner, Current Development

DATE: March 8, 2011

SUBJECT: Luisa Garcia's Request for Special Exception Use Approval for a Demolition Debris Facility to be Known as A-1 Walee Recycling Center [2000090170-66004 / SP-SE-11-01-01]

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 22, 2011.

DESCRIPTION & CONDITIONS

Schulke, Bittle, & Stoddard, LLC, on behalf of Luisa Garcia, has submitted an application for:

• special exception use approval for a demolition debris facility; • administrative permit use approval for a recycling facility associated with the demolition

debris facility; and • major site plan approval for the entire site.

The subject site (6350 9th Street SW) is located on the north side of 9th

Street SW, east of 66th

Avenue, is zonedA-1, Agricultural 1 (up to I unit per 5 acres), and has an AG-I, Agricultural (up to I unit per 5 acres), land use designation. In agricultural districts, demolition debris activity is a special exception use requiring approval by the Board of County Commissioners (Board), while a recycling center is an administrative permit use requiring administrative permit use approval by the Planning & Zoning Commission (PZC).

For many years, the subject 9+ acre site contained a 13,000 sq. ft. packing house located on the western portion of the property. That former packing house facility is now used by an agricultural irrigation company.

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According to the applicant, the proposed facility will process demolition debris and other recyclable materials, and will ultimately "pass through" any un-recyclable solid waste to the landfill, located approximately 1 ½ miles to the southwest. Generally, the A-1 Walee operation will involve trucks bringing roll off containers from construction and demolition sites to the proposed facility, although some material may be dropped off by private individuals. Those containers will be emptied (tipped) at the site, and debris will be sorted into material groups such as concrete, wood, land clearing debris, metals, plastic, and cardboard for potential recycling.

Some of the materials, such as concrete and some of the wood, will be processed on site, with the wood being mulched or chipped and the concrete being crushed into aggregate. Periodically, a portable crusher will be brought on site to crush the concrete. Both the wood mulching and the concrete crushing aspects of the operation are considered part of the demolition debris special exception use request. Other recyclable materials such as metals, plastics, and cardboard will be stored on site and periodically trucked away for re-cycling. That aspect of the operation constitutes a recycling use, requiring administrative permit use approval.

Pursuant to Section 971.05 of the land development regulations (LDRs), the Board of County Commissioners is to consider the appropriateness of the requested special exception use for the subject site and the compatibility of the use with the surrounding area. In so doing, the Commission may recommend reasonable conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area.

Planning and Zoning Commission Action:

At its regular meeting of February 24, 2011, the Plauning & Zoning Commission voted 6-0 to recommend approval of the special exception use request with the conditions recommended by staff, which are listed at the end of this report. Also, they voted 6-0 to approve the associated administrative permit use, subject to Board approval of the special exception use request (see attachment #6).

The Board of County Commissioners is now to consider the special exception use request, and is to approve, approve with conditions, or deny the use request.

ANALYSIS

1.

2.

3.

Size of Development: Overall site: 9 .10 acres Project area: 8.05 acres

Note: The project area consists of the overall site, less right-of-way to be acquired for Oslo Road.

Zoning Classification:

Land Use Designation:

A-1, Agricultural 1 (up to 1 unit per 5 acres)

AG-1, Agricultural ( up to 1 unit per 5 acres)

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4.

5.

Building Area:

Impervious Area:

Existing: To be removed:

13,083 sq. ft. (office and storage) 5,083 sq. ft.

Proposed ( end of project): 8,000 sq. ft. (office, storage)

Existing Proposed Total

64,226 sq. ft. 76,040 sq. ft.

140,266 sq. ft.

Note: The new impervious area consists of a new parking, sorting and process area, and an area for outdoor storage of materials to be recycled or disposed of at the landfill.

6. Phasing: The project is to be developed in a single phase.

7. Open Space: Required: Proposed:

60% 60%

8. Trnffic Circulation: The applicant proposes two driveways connecting to Oslo Road. One of the driveways will consist of the site's existing two-way driveway connection to Oslo Road on the western side of the property. That driveway will be converted to an exit only driveway to serve trucks that are leaving the facility. A new two-way driveway is proposed near the center of the site's Oslo Road frontage. The two-way driveway will be used by incoming trucks and will be used as an entrance and exit for employees. Gates are proposed at both driveway connections to Oslo Road, and those gates are designed to meet the County's gate setback and design criteria. The project's traffic circulation plan and proposed Oslo Road connection have been reviewed and approved by the County's Traffic Engineering Division.

9.

As proposed, this facility is projected to generate fewer than 100 total average daily trips. Specifically, Traffic Engineering has determined that the subject site's existing use generates approximately 20 daily trips and that the proposed use will generate approximately 55 daily trips consisting mostly of truck traffic. Based on the projected low trip count of the proposed use, no off-site traffic improvements are required of the applicant, and none are proposed.

Off-Street Parking: Required: Provided:

16 spaces 16 spaces

10. Dedications and Improvements:

Oslo Road Right-o~Way: The County's thoroughfare plan requires 130' of ultimate rightof-way for Oslo Road. Presently, 60' ofright-of-way exists. The proposed site plan design accommodates an additional 70' of right-of-way for Oslo Road to be purchased by the County.

Sidewalks: The County's bikeway and sidewalk plan requires a sidewalk along the site's Oslo Road frontage. Prior to the issuance of a certificate of occupancy, the applicant will either need to construct or bond out for the required sidewalk improvement.

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11. Stormwater Management: A single wet stormwater management area is proposed on the east side of the subject site. The preliminary stormwater management plan has been reviewed and approved by the Public Works Department. Pursuant to Chapter 930 of the LDRs, a County Type "B" Stormwater Permit will be required prior to site plan release.

In addition to the stormwater system, a separate water treatment system will be provided for the process area, as required by DEP. Currently, the applicant proposes to route process area run-off to a separate dry retention area and install monitoring wells near the process area and retention area. Both the stormwater system and process area treatment system are subject to DEP permitting and operational requirements.

12. Utilities: The existing building (former packing house facility) on the site is served by county water and a septic tank/drainfield system. Use of these existing services for the proposed facility have been approved by the County Department of Utility Services and the Environmental Health Department.

13. Solid Waste Disposal District Requirements: During the site plan review process, Planning staff coordinated with Solid Waste division staff and the County Attorney on solid waste issues associated with the proposed project. In part or in whole, the applicant's operation may be engaged in activities that require a franchise or agreement from the Solid Waste Disposal District. Currently, the applicant is working through the County Attorney's Office and the Department of Utility Services with respect to the franchise agreement issue. That work will lead to a determination as to whether or not a franchise agreement is required. Prior to site plan release, the applicant will need to obtain either a franchise agreement or a determination from the Solid Waste Disposal District that no franchise agreement is required.

14. Surrounding Land Use and Zoning: North: Vacant/A-I East: South: West:

Vacant/A-I Oslo Road, Vacant/A-I Vacant/A-I

15. Landscape Plan: The proposed landscape plan satisfies the requirements ofLDR Chapter 926 for perimeter, interior, roadway, and non-vehicular open space landscaping areas. Along the site's south and west boundaries, a 25' wide Type "B" buffer with an 8' opaque feature will be provided, while a 30' wide Type "B" buffer with an 8' opaque feature will be provided along the site's north and east boundaries. The 8' opaque feature will consist of a 4' berm and 4' wall combination. Canopy and understory trees will be planted along the berm on both sides of the wall. Most of the shrubs are to be planted on the outside of the wall. The buffers must be completed prior to the issuance of a certificate of occupancy (C.O.) for the facility.

16. Specific Land Use Criteria for Recycling Centers and Demolition Debris Sites: Pursuant to LDR section 971.26(2) and 971.27(1) the following criteria apply to the proposed administrative permit use and special exception use:

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Recycling centers (administrative permit)

1. A site plan meeting all the requirements of Chapter 914;

Note: The site plan submittal meets or exceeds the requirements of Chapter 914.

2. A Type "B" buffer provided on all boundaries which have non-commercial uses on adjacent properties;

Note: The applicant proposes a Type "B" buffer along all of the project site's boundaries.

3. All stored recycling materials must be completely screened from adjacent properties and road rights-of-way.

Note: Along all site boundaries, the applicant proposes an 8' foot high opaque feature, as measured above the process area elevation. This opaque feature is designed to screen on-site activities and stored materials from adjacent properties and Oslo Road. The 8' opaque feature consists of a 4' berm with a 4'wall on top of the berm. As previously mentioned, canopy trees and understory trees will be planted along the berm to provide additional screening. Based on a maximum stockpile height of 25' (recommended condition), the project engineer has determined that the visual screening requirement can be satisfied during operation of the proposed facility.

Demolition debris sites (special exception).

1. No debris shall be stored or buried within thirty (30) feet of any property line;

Note: No debris will be buried on site, and no debris will be stored within 30 feet of any property line. Debris processing and storage areas are proposed 85' to 140' from nearest property lines.

2. All demolition activities shall be completely surrounded by a continuous one hundred (100) percent opaque fence or wall at least eight (8) feet in height, with a Type "C" buffer between the fence and adjacent property boundaries and road rights-of-way;

Note: The applicant proposes an 8' foot opaque feature that consists of a 4' berm and a 4' high wall with landscaping. The canopy trees and nnderstory trees will be planted on both sides of the wall, while all of the shrubs will be planted on the outside of the wall. The proposed Type "B" buffer will exceed the Type "C" buffer requirement referenced above.

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3. No burning activities shall be permitted on the site, except as may be permitted pursuant to Chapter 925, Open Burning/Air Curtain Incinerator Regulations, of the County land development regulations;

Note: No burning of any material is proposed, and a condition of approval will specifically prohibit burning. All material tipped at the site will either be recycled or sent to the landfill.

4. The applicant must obtain all required permits from the department of health and rehabilitative services and other jurisdictional agencies.

Note: Prior to site plan release, the applicant is required by county regulations and procedures to obtain all appropriate jurisdictional agency permits, including DEP permits.

17. Notice: Because the subject application includes a special exception use request, two public hearings are required; one before the PZC and a second before the Board of County Commissioners. For special exception requests, county regulations require that notice be provided in the same manner provided for rezonings. Consequently, three types of notice are required: a legal advertisement in the local newspaper, a sign posted on the site, and notification letters to owners of property within 300' of the project site. In this instance, the three types of notices were properly provided for the PZC hearing and the Board hearing, as required.

With respect to the February 24th PZC meeting, the legal ad ran on February 11 '\ mailed notice was sent on February 2nd

, and a sign was posted on site. In addition, the Press Journal ran an article about the proposed project on February 18th

• That article listed the date, time, and place of the PZC meeting. ·

With respect to the March 22nd Board meeting, the legal ad ran on March 7'\ mailed notice was sent on March 7'\ and a sign was posted on site. In addition, county staff met with concerned south county residents at the Citrus Springs clubhouse on March 10th

• At that meeting, which was attended by hundreds of citizens, the date and time of the Board meeting was announced.

18. Fire Safety: Based on coordination with the Fire Division, the applicant will be required to limit all piles of material on site to 25' in height. The minimum aisle width between piles will be a 25' to allow the operator and the Fire Division access to the piles of material at all times.

19. Hazardous Waste: The applicant has indicated that the facility will not accept hazardous waste or tires, except for small quantities that may be part of and incidental to a large load of demolition materials. Any hazardous waste or tires will be separated out and transferred to the landfill. The DEP will require facility workers/operators to be trained in the handling, storage, and transport of hazardous waste and tires.

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20. Compatibility: The general review criteria for special exception uses provided in Section 971.05 of the County's Land Development Regulations provide parameters for evaluating project compatibility (see attachment #7). That code section evaluates compatibility by requiring consideration of the project's impact on the surrounding area in regard to traffic, drainage, nuisance impacts, lighting, and appearance.

• Surrounding Area

Immediately surrounding the subject site are Oslo Road and currently vacant agriculturally zoned properties. Further removed from the site, there are agricultural uses and agriculturally-related industrial uses. Approximately½ half mile or more from the site is an institutional use and residential uses having low densities. The following is a list of some uses in the general area along with distances from the nearest point of the subject site to the nearest point of the site upon which the use is located:

• Magnolia Farms (8, 5 acre lots, all vacant): • Premier Citrus packing house: • Juiceco juice plant: • The Farms (16, 5 acre lots, partially built): • Maitland Farms pre-school: • South Lakes subdivision: • Citrus Springs (Village D): • Diamond Lakes (Phase I): • Legend Lakes:

• Potential Impacts

.11 miles

.25 miles

.4 miles

.45 miles

.57 miles

.64 miles

.67 miles

.88 miles I.I miles

Project traffic and drainage impacts were addressed previously in this report. In addition, appearance impacts were addressed in the landscaping section of this report. With respect to lighting, the site plan proposes compliance with SR60 outdoor light shielding requirements.

For this project, potential nuisance impacts consist primarily of noise and fugitive dust produced by wood mulching and concrete crushing activities. Generally, noise and fugitive dust impacts decrease rapidly over distance from the source of noise and dust. Consequently, staff anticipates that the greatest potential noise and nuisance impacts would affect the properties closest to the project.

In addition to proposing 150' to 300'+ on-site setbacks from the project processing area to project site boundaries, the applicant proposes to limit recycling and demolition debris activities on site to Monday - Friday from 7:00 am to 5:00 pm. In addition, the applicant proposes to limit all activities on site to Monday - Sunday 7:00 am to 5:00 pm. These limitations on the days and hours of operations are intended to reduce the potential for adverse noise impacts. Lastly, the applicant has acknowledged that all activities conducted on site will be required to meet the County's Chapter 974 noise requirements for agricultural areas. Those requirements set maximum decibel levels for noise at the project property line, both day and night (see attachment #8).

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With respect to fugitive dust and air emissions, the applicant has indicated that dust control will be handled by using sprinkling/irrigation in stockpile, driveway, and processing areas and by providing landscape buffers (wind breaks). The applicant is required to obtain a construction and demolition debris permit from DEP and follow DEP's permitting requirements. Those requirements will include a set of project standard operating procedures (SOPs) approved by DEP.

As designed, the site plan provides several measures that address compatibility. Those measures include dense perimeter landscape buffers, an 8' berm/wall opaque feature, large setbacks (150' -200') along the north and east site perimeters, and a 100'+ setback from the stockpile area to the existing Oslo Road right-of-way line. Overall, the site plan design locates the process/stockpile areas in the central portion of the site. In addition, the existing building located on the west side of the site will provide some buffering/screening between the main processing/stockpile area and the property to the west.

Through its analysis, staff has determined that the proposed use is consistent with applicable comprehensive plan policies and zoning requirements and has determined that the proposed use satisfies all specific land use criteria for demolition debris facilities. Based upon the project design and the conditions recommended below, staff finds that the project is compatible with surrounding properties and that potential adverse impacts are addressed.

RECOMMENDATION

Based on the above analysis, staff recommends that the Board of County Commissioners find that in conjunction with the recommended conditions:

1. It is empowered under the provisions of Chapter 971 to review the special exception applied for;

2. The granting of the special exception will not adversely affect the public interest;

3. The application satisfies the general and specific criteria required for special exception approval; and

4. The conditions stated below are adequate to ensure compatibility between the special exception use and surrounding land uses.

Staff further recommends that the Board of County Commissioners grant special exception use approval for the A-1 Walee Recycling Center with the following conditions:

1. Prior to site plan release, the applicant shall obtain from the Solid Waste Disposal District either a franchise agreement or a determination that no franchise agreement is required.

2. Prior to issuance of a certificate of occupancy (C.O.), the applicant shall: a. Construct all site related buffers, and b. Construct or bond out the sidewalk along Oslo Road

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3. The following operational conditions shall apply: a. Recycling and demolition debris activities shall be prohibited from 5:00 pm to 7:00

am each day. The county may temporarily suspend or modify this hours of operation limitation during clean-up and recovery of a disaster event.

b. No materials shall be processed ( crushed, mulched) on Saturdays or Sundays. c. Piles of material shall be limited to 25' in height. d. A driving aisle with a minimum width of25' shall be maintained between the piles at

all times.

4. No material shall be buried or burned on site.

5. Through the use of sprinklers and other techniques, the facility shall be operated and maintained so as to control fugitive dust and emission of particulates off-site.

6. All activities conducted on site shall be subject to the County's Chapter 974 noise requirements for uses in agricultural zoning districts.

ATTACHMENTS

I. Application 2. Location Map 3. Site Plan 4. Landscape Plan 5. Aerial 6. Planning and Zoning Commission Minutes (draft) 7. LDR Section 971.05(9) 8. Chapter 974 Noise Limits Table

APPROVED AGENDA ITEM: Indian River Co,

Admin.

Legal

Budget

Dept.

Risk Mgr.

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.,,...-.' f----i "ii__ .. _ J

SPECIAL EXCEPTION SITE PLAN APPLICATION FORM (SPSE)

COMPUTER ASSIGNED PROJECT#: J. 000 0Cj DI 7 {J - fRi/J{) ASSIGNEDFILE#: . -S ~ Ii- /-0

PROJECT NAME (PRINT): A-1 Walee Recycling Center, LLC

PROPOSED PROJECT USE: Construction debris transfer and recycling facility

CORRESPONDING PRE-APPL!CA TION CONFERENCE PROJECT NAME AND !RC ASSIGNED FILE NUMBER (IF ANY): 2000090170 / 65843

OWNER: (PRINT) Jordan Sprinkler Systems, Inc.

NAMEc/o Al Walee Recycling Center, LLC

1050 Dalbello Way ADDRESS Vero Beach, FL

CITY STATE

AGENT: (PRINT) Same as project engineer NAME

ADDRESS

CITY STATE 32966 ~532 ·.c.5..c.6..c.8.c..9 _____ _ _ __ L__) __ · _______ _ ZIP PHONE

NA FAXNUMBER

NA EMAIL Louisa Garcia

CONTACT PERSON

ZIP PHONE

FAX NUMBER

EMAIL

0 CONTACTPERSON ~ -

SIGNATURE OF OWNER OR AGENT

PROJECT ENGINEER: (PRINT) Schulke, Bittle & Stoddard, LLC

PROJECT ARCHITECT:(PRINT)

NAME NAME 1717 Indian River Blvd., Ste. 201

ADDRESS ADDRESS Vero Beach, FL CITY STATE CITY STATE 32960 (772)770-_96_2_2 _____ _ ___ L__) __ . ______ _ ZIP PHONE 772-770-9496 FAX NUMBER [email protected]

EMAIL Jodah Bittle, P.E.

ZIP PHONE

FAX NUMBER

EMAIL

CONTACT PERSON CONTACT PERSON

180127th Street, Vero Beach, FL 32960

C:\Documents and Settings\sjohnson\Local Settings\Temporary Internet Files\Content.Outlook\GXP096Xl\spse packet.doc 2010 13 of 14

Revised April

fATTACHME«T

"DOES THE REQUEST INCLUDE A CONCEPTUAL PLAN ONLY OR A CONCEPTUAL AND "FINAL" SITE PLAN?: Conceptual and Final Site Plan

II AMOUNT OF NEW IMPERVIOUS SURFACE: (SO.FT.) * 93,770 SF

IISITEADDRESS: 6350 9th Street SW, Vero Beach, FL 32968 * ----------------------

II SITE TAX ID#(S): 33-3 9-20-00001- 0140-00001. 0 *

Its ALL OR A PORTION OF PROJECT IN ENVIRONMENTALLY SENSITIVE AREA AS • DESIGNATED IN THE COMPREHENSIVE PLAN OR ADDRESSED IN A PRE-APP CONFERENCE? _____ YES X NO

lFLOODZONE ___ x _____ _

jZONING: __ ..c.Ac....-~1 ____ _

,~,AREA OF DEVELOPMENT (NET) ACREAGE:.~4c...c•-=-5-"'-S_acc.c~r'-'e=s~------

IIIIPROPOSED CHANGES TO EXISTING DEVELOPMENT (IF APPLICABLE): • A.NUMBEROFUNITS:FROM N/A TO ______ _ B. DENSITY FROM N /A UNITS PER ACRE TO ___ UNITS PER ACRE

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ATTACMUJ:'N'f 239

Attorney Anderson was familiar with the Statute and advised the section being discussed had to do with the rights of the property owners in a mobile home park; however, it did not affect the zoning necessarily as it related to the County.

Mr. Bill Gorman, Tanglewood Village Manager, described problems they have had in the older parks where the lots were smaller. and could accommodate the RV's better than the newer larger mobile homes. He said the grandfatheredin RV's and mobile homes in Tanglewood Village worked harmoniously and were agreeable to the change.

Mr. Day asked about the 25% cap. Mr. Gorman explained the cap would allow refurbishment and newer homes into the community, while maintaining the flavor of the community.

Mrs. Teddie Eaton, \/ice President of the Board at Tanglewood requested approval of the amendment.

Mr. Brian Ellis, President of the Co-op at Tanglewood requested approval of the amendment.


ON MOTION BY Mr. Zimmerman, SECONDED BY Mr. Brognano, the members voted unanimously (6-0) to approve staff's recommendation to recommend the Board of County Commission approve the proposed comprehensive plan text amendment.

Chairman Keys read the following into the record:

B. A-1 Walee Recycle Center: Luisa Garcia's request for special exception use approval for a demolition debris facility and for administrative permit use approval for an associated recycling facility to be known as A-1 Walee Recycle Center. Located at 6350 9th Street, SW, on the north side of 9th Street SW, east of 66th Avenue. Zoning Classification: A-1, Agricultural 1 (up to 1 unit per 5 acres), Land use designation: AG-1, Agricultural (up to 1 unit per 5 acres). (2000090170-66004/SP-SE-11-01-01) [Quasi-Judicial]

PZC/Unapproved 8 February 24, 2011 C:\Documents and Settings\john\Local Settings\Temporary Internet Files\OLKA\PZ 2 24 11.doc

. ITTACHM£ft,2 4j

Chairman Keys advised the Commission this item required two votes: for the administrative permit and for the special exception.

Mr. John McCoy, Senior Planner, summarized his memorandum dated February 14, 2011 and gave a PowerPoint presentation on the Special Exception Use and Administrative Permit Use for the A-1 Walee demolition, debris and recycling, copies of which are on file in the Commission Office.

Mr. Day inquired whether the design of the buffers included noise and visual. Mr. McCoy advised the buffers were designed for mostly visual, but would have some noise-reducing benefits.

Mr. Tripson asked if the wood products were recycled, would the mulch be sold or go to the landfill. Mr. McCoy responded it was his understanding mulch would be produced as a usable product for sale on the open market.

Mr. Tripson questioned whether a sidewalk would be required. Mr. McCoy explained a widening project for Oslo Road was planned over the next several years; however, it only approached 58th Avenue and would transition after 58th

Avenue. He further said the sidewalk and bikeway plan did call for the sidewalk to go essentially to 1-95 Interstate; whereby it was anticipated A-1 Wallee would utilize the bonding out option in lieu of actual sidewalk construction.

Mr. Zimmerman asked if this was an appropriate area for this business. Mr. Bob Keating, Community Development Director confirmed it was an appropriate location because of the AG zoning, which allowed uses not appropriate in the urbanized areas, it was on an arterial road, close to the landfill. He said there were safeguards to minimize or mitigate any off-site impacts.

Chairman Keys asked how did the roll-off unloading work. Mr. McCoy explained the Department of Environmental Protection (DEP) required tipping on a hard surface, something like concrete or asphalt, to ensure it did not get into the ground; and then sorted.

Chairman Keys inquired if the dust control was for the recycling or the demolition. Mr. McCoy explained it was primarily for the processing; either the mulching or concrete crushing but also applied to stockpiles.

Chairman Keys asked about the 25-foot height standard for piles. Mr. McCoy responded the standard was based upon a fire department criterion.

PZC/Unapproved 9 February 24. 2011 C:\Documents and Settings~ohn\Local Settings\Temporary Internet Files\OLKAIPZ 2 24 11.doc

AlTACKMa&T2 48

Chairman Keys questioned whether the buffer was constructed of wood or concrete. Mr. McCoy responded it was shown as a wall, which was usually a type of masonry or hard panel.

Chairman Keys opened the public hearing at 10:00 p.m.

Mr. Robert Combes, Citrus Springs, 396 W. Tangerine Square, SW., Vero Beach listed negatives of the facility location.

Mr. Zimmerman asked about compatibility with surrounding residential neighborhoods.

Mr. Boling mentioned the AG zoning went as far as 58th Avenue, more than a half mile to the east, with Citrus Springs being farther east of 58th Avenue.

Mr. McCoy advised notices were mailed to surrounding. landowners and this hearing was published in the newspapers; yet there had not been any responses received by staff to date.

Mr. Tripson commented he thought the project was a good use for the property given where the site was located and because the property was once used as a packinghouse. He further commented the site was more than 1/2 mile from Citrus Springs and the county exceeded the criteria for notification of 300 feet.

Mr. Joseph Bittle, Schulke, Bittle & Stoddard provided information of how the business would operate.

Mr. Bittle responded affirmatively to Mr. Day's question of whether contractors would be bringing waste to the site. He further responded any hazardous waste would handled by the standards required by the DEP.

Mr. Emmons posed a question about fire and mitigation; wherein, Mr. Bittle explained a sprinkler system would be in place with dust suppression methods utilized.

Mr. Bittle mentioned the site would have a four-foot berm and four-foot wall combination with a required substantial landscape buffer around the entire site to cut down on the noise and vibration.

PZC/Unapproved 10 February 24, 2011 C:\Documents and Settings~ohn\Local Settings\Temporary Internet Files\OLKA\PZ 2 24 11.doc

lnACMMEftT 2~2

Mr. Louis Schacht of 2260 Vero Beach Avenue, owner of property west of the project site was in favor of the project. He suggested the county look into a potential industry corridor in that area and attract an Oslo Road/Interstate 95 exit to the County.


Chairman Keys listed her concerns to include:

• the possibility of 25-foot high stacks of material, when in an industrial area required the area to be screened; and,

• under the definition section, the demolition debris site was defined as property utilized by special trade contractors primarily engaged in wrecking and demolition of buildings and other structures; she questioned whether the demolition debris belonged in that section.

ON MOTION BY Mr. Tripson, SECONDED BY Mr. Brognano, the members voted unanimously (6-0) to recommend to the County Commissioners they approve the special exception.

ON MOTION BY Mr. Zimmerman, SECONDED BY Dr. Day, the members voted unanimously (6-0) to grant the administrative permit use for the approval of the proposed recycling facility subject to the County Commissioners approval.

Commissioner Matters

There was none.

Planning Matters

Mr. Boling mentioned since the Commission's last meeting, the Board of County Commissioners approved in January 2011, the PD modification to Pointe West for the school site consistent with this Commission's recommendation.

Attorney's Matters

There was none.

PZC/Unapproved 11 February 24, 2011 C:\Documents and Settings~ohn\Local Settings\Temporary Internet Files\OLKA\PZ 2 24 11.doc

-AnACHMENT2 ~

Section 971.05. Review of uses requiring a special exception.

(9) General criteria for review of special exception uses. Prior to approval by the board of county conunissioners, a special exception use applicant must present evidence of compliance with the below cited general criteria as well as specific criteria for the respective special exception use cited herein in Chapter 971, regulations for specific land uses. The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of the facts and conditions which this chapter requires for approval. The applicant shall have the responsibility to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special exception use.

(a) Consistency with comprehensive plan and zoning code. The proposed use shall be consistent with the comprehensive plan and with the stated purpose and intent of the appropriate district regulations and all applicable regulations within this chapter.

(b) Compatibility with surrounding land uses. The proposed use and its location shall be compatible with surrounding land uses and the general character of the area,. based on consideration of such potential impacts as traffic generation, drainage, nuisance impacts, lighting, appearance, and other factors potentially impacting the character and stability of the surrounding area.

( c) No adverse impacts on public health, safety, and general welfare. The proposed use and its location and method of operation shall promote the public health, safety, and general welfare. The proposal shall include any landscape and structural improvements, public facility expansions, and operational restrictions or procedures required to effectively mitigate potential negative impacts of the use.

( d) Promote orderly development. The use and proposed location shall promote orderly and efficient development considering such factors as impact on public facilities, preservation of neighborhood integrity, and similar factors impacting orderly development of the area.

F:\Community Development\Users\CurDev\BCC\2011 BCC\A-1 Walee 971.05(9).rtf ATTACHMENT 7 1 244

Section 974.05. Additional noise control standards by zoning district.

TABLE I. APPLICABLE NOISE LIMITS

Measurement period one-quarter hour ( continuous), as measured at the property boundary of the receiving parcel. In multifamily developments (including duplex developments), the measurement shall be taken from the receiving premises.

Sound Level in Decibels A-Scale (DBA) Zoning District Dav 6:00 a.m.--10:00 o.m. Night 10:00 o.m.--6:00 a.m.

LI L 10 L50 LI L 10 L50 Conservation 65 60 55 60 55 55 Residential 70 65 60 65 60 55 Commercial 75 70 65 70 65 60 Industrial 75 70 65 75 70 65 Agriculturaf 75 70 65 75 70 65

Level 1(1 ). That noise (A-weighted sound level) exceeding one percent of a measurement time equivalent to at least fifteen (15) minutes.

Level 1(10). That noise (A-weighted sound level) exceeding ten (10) percent of a measurement time equivalent to at least fifteen (15) minutes.

Level 1(50). That noise (A-weighted sound level) exceeding fifty (50) percent of a measurement time equivalent to at least fifteen (15) minutes.

3Residential developments within Agricultural Zoning Districts shall be subject to the decibel level thresholds for the "Residential" Zoning Districts.

F:\Community Development\Users\CurDev\BCC\2011 BCC\AM I Walee 971.05(9).rtf ATTACMMEftT 8

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/~Al

TO:

FROM:

DATE:

RE:

INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM


Robert M. Keating, AI P Community Developm nt Director

Roland M. DeBlois, AICP'P Chief, Environmental Planning & Code Enforcement

March 14, 2011

COMMUNITY DEVELOPMENT (Administrative)

Dr. Leslie Tar's Request that the Board of County Commissioners Rescind a $15,000 Fine Imposed by the Code Enforcement Board for a Dune Vegetation Removal Violation at 2252 Magan's Ocean Walk (Lot 18, Atlantis Subdivision)

It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 22, 2011.


Dr. Leslie Tar and his wife, Karen Tar, own a single-family residence on an oceanfront lot at 2252 Magan's Ocean Walk on the south barrier island (Lot 18, Atlantis Subdivision). In September 2010, county staff received a complaint that dune vegetation on the property, consisting largely of seagrapes, had been cut down to ground level, in violation of county dune protection regulations. Consequently, county staff issued a Notice of Violation to the Tars for violating county dune protection regulations (County Code Section 932.06), and the matter was scheduled for an evidentiary hearing before the Indian River County Code Enforcement Board. The evidentiary hearing occurred on January 24, 2011.

At the January 24, 2011 hearing, attended by Dr. Tar, county staff provided testimony and evidence that dune vegetation seaward of the County's Dune Stabilization Setback Line (DSSL), including at least 15 protected seagrape trees and one specimen seagrape (as defined in the County Tree Protection Ordinance), had been destroyed on the lot. During the hearing, staff advised the Code Enforcement Board that, under the provisions of County Code Section 927 .17, which is the penalties and enforcement section of the Tree Protection Ordinance, a fine of $15,000 was warranted. Subsequently, the Code Enforcement Board entered an Order Finding Violation and Imposing Fine, assessing a $15,000 fine and requiring that the Tars, by March 25, 2011, submit a dune mitigation plan and obtain an after-the-fact dune maintenance permit.

At the January 24, 2011 evidentiary hearing, Dr. Tar testified that he is an absentee landowner in that his current job requires that he (and his wife) live on the gulf coast (in Port Charlotte). Dr. Tar testified that he did not cut or authorize the dune vegetation to be cut, and that he should not be held liable for a violation that someone else did to his property without his authorization. At the hearing, Dr. Tar

246

suggested that his neighbors may have taken liberty to cut the vegetation to enhance their (the neighbor's) ocean view. That being said, Dr. Tar indicated he did not want to make an issue ofit with his neighbors in order to remain on good terms with them. Despite Dr. Tar's testimony, the Code Enforcement Board entered its order, holding Dr. and Mrs. Tar ultimately responsible for maintaining their property in compliance with county regulations.

Since the January 201 I evidentiary hearing, Dr. Tar has written to request that the Board of County Commissioners consider rescinding the Code Board's assessment of a $15,000 fine. In making his request, Dr. Tar cited a provision in Florida Statutes Chapter 162, which governs code enforcement board procedures, that allows the local governing body to release liens imposed by a code enforcement board. More specifically, Section 162.09(3), Florida Statutes, relating to fines imposed and liens recorded by a code enforcement board, includes the following sentence:

"A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. "

This matter is now being presented to the Board of County Commissioners for the Board to consider Dr. Tar's request that the Commission rescind the $15,000 fine (i.e., execute a satisfaction or release of lien).

ANALYSIS

County Code Section 932.06(11) provides that:

"It shall be unlawful and subject to the penalties of Chapter 927, Tree Protection, for any person(s) to damage, alter, trim, remove or relocate any vegetation seaward of the county dune stabilization setback line without prior authorization and a county dune vegetation maintenance permit from the Indian River County Environmental Planning Section."

Furthermore, Subsection 932.06(1 l)(d), relating to dune vegetation maintenance, reads as follows:

"Grasses, shrubs, shrub trees, or other similar dune vegetation may be maintained or trimmed up to four (4) feet above existing grade, provided such trimming does not result in the death or destruction of the vegetation. On larger species, such as mature seagrapes, palms, and other similar species, the removal of the lower branches or limbs for view may be permitted, provided no such alteration results in significant damage or death of the vegetation. "

The reason that dune vegetation warrants a high level of protection in the County is that the integrity of the dune system is necessary to protect the County's beaches. Because dune vegetation stabilizes the dune system and traps sand which replaces beach sand eroded by wave action, protecting dune vegetation throughout the County is necessary to maintain the County's beaches. Consequently, the County's Tree Protection Ordinance provides for severe penalties for illegal dune vegetation removal.

In this case, mature seagrapes and other dune vegetation seaward of the DSSL were cut to ground level, resulting in the death of the vegetation. In January 2011, county environmental planning staff, who initially observed the destruction in September 20 I 0, revisited the site and found no substantial re-growth, leading staff to conclude that herbicide was also applied to the dune area.

Section 927.17 of the Tree Protection Ordinance sets forth fine calculations in a number of categories for illegal vegetation removal. For "protected" trees, which include groupings of seagrapes of tropical origin,

2

247

regardless of size, a $1,000 fine applies for the destruction of each protected tree. For specimen trees (seagrapes >5" diameter at breast height (dbh)), a fine of up to $15,000 may be assessed, with each specimen tree destroyed being a separate offense. Regarding Dr Tar's property, staff observed the remnants of one seagrape at least 5" dbh and also concluded, based on site observations and review of aerials, that at least 15 protected seagrape trees were destroyed. Consequently, staff recommended that the Code Board assess a $15,000 fine.

As provided for in Florida Statutes Chapter 162, the Board of County Commissioners, as the local governing body, has the authority to release a lien imposed by the Code Enforcement Board. As expressed in Dr. Tar's correspondences, Dr. Tar feels that the Code Enforcement Board's $15,000 fine is excessive and unreasonable, particularly since Dr. Tar is an absentee landowner and did not authorize the dune vegetation removal.

Staffs position is that, despite his absence, Dr. Tar, as landowner, is ultimately responsible for violations that occur on his property. Although Dr. Tar suggested at the Code Board hearing that his neighbors may have cut the dune vegetation without his authorization, amounting to trespass, Dr. Tar has not filed a complaint with the Sheriffs Office on the matter. With respect to the fine amount, the $15,000 assessment was based on penalties specified in the County Tree Protection Ordinance, as previously explained herein.

Besides this request for the Board of County Commissioners to rescind the Code Enforcement Board fine, Dr. Tar has the right to appeal the Code Enforcement Board's order to circuit court within 30 days of the Code Enforcement Board Chairman's execution of the order, which Dr. Tar has done.

RECOMMENDATION

Staff recommends that the Board of County Commissioners deny Dr. Tar's request that the Board of County Commissioners rescind the Code Enforcement Board's $15,000 fine assessment.

ATTACHMENTS

1. Location map and photos of the disturbed dune vegetation area. 2. Code Board Order Finding Violation and Imposing Fine. 3. Minutes from the 1/24/11 Code Board meeting. 4. County Code Section 932.06. 5. County Code Section 927.17. 6. Letter dated 1/31/11 (with attachments) from Dr. Tar to Commissioner Solari. 7. Letter dated 2/14/11 from State Representative Paige Kreegel to Commissioner Solari. 8. Letter dated 2/24/11 from Commissioner Solari to Dr. Tar. 9. Letter dated 3/1/11 from Bob Starr, Chairman of the Charlotte County Board of County Commissioners, to

Commissioner Solari. I 0. Letter dated 3/1/11 from Dr. Tar to Commissioner Wheeler. 11. Letter dated 3/5/11 from Dr. Tar to County Administrator Joe Baird.

APPROVED:

F:\C munity Development\Users\ROLAND\Code Enforcement\Tar dune vio fine overturn req BCC staff report for 3-22-11.doc

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Tar property dune 2252 Magan's Ocean Walk Photo date: 9/9/10

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1-2 I - 201\


IN THE MATTER OF:

Code Enforcement Board of Indian River County

ORDER FINDING VIOLATION & IMPOSING FINE

LESLIE TAR AND KAREN H. TAR 2252 MAGANS OCEAN WALK VERO BEACH, FL 32963

LESLIE TAR AND KAREN H. TAR 22226 WESTCHESTER BLVD. PORT CHARLOTTE, FL 33952

, Respondent(s)

Case No. 2010090084

RE: VIOLATION OF SECTION(S) 932.06 of the Code of Laws and Ordinances of Indian River County, Florida.

DESCRIPTION OF SITE OF VIOLATION:

Location: Tax Parcel ID No.: Zoning: Legal Description:

2252 MAG ANS OCEAN WALK VERO BEACH 33-40-27-00022-0000-00018 .0 RS-3 ATLANTIS SUBDIVISION LOT 18 PB! 11-95 & 95A

THE CODE ENFORCEMENT BOARD HAS HEARD TESTIMONY AND EXAMINED EVIDENCE AT A HEARJNG HELD JANUARY 24, 2011, AND BASED ON THE EVIDENCE, THE CODE ENFORCEMENT BOARD HAS ADJUDGED AS FOLLOWS: .

FINDINGS OF FACT AND CONCLUSION OF LAW

1) Respondent(s) were duly notified of the hearing, in accordance with Chapter 162, Florida Statutes. The following Respondent(s) or respondent representatives were present at the January 24, 2011 Code Enforcement Board meeting:

Dr. Leslie Tar

2) The subject property is zoned RS-3 District. On 9/10/2010, county staff observed that the following violation had occurred at the subject-property:

- DUNE PROTECTION VIOLATION [ cutting of native dune vegetation to ground level, including destruction of protected seagrape trees, with no dune maintenance permit]

3) The above described is a violation of the following Section(s) of the Code of Laws and Ordinances oflndian River County:

Code Chapter/ Section - CHP 932 / 932.06

4) In accordance with County Code Section 927.17(6), the Board finds that a $15,000.00 fine is due for the illegal cutting and removal of protected dune vegetation.

ATTACHMENT z254

..

ORDER (Case No. 2010090084)

I. THE BOARD HEREBY ORDERS Respondent to pay a civil penalty in tb.e amount of $15,000.00 for the cutting and removal of protected dune vegetation in violation of the County Code described herein.

2. PAYMENT OF FINE: Payment of any civil penalty fine described herein may be made in person at the Indian River County Code Enforcement.Section Office in County Administration Building A, 180127th Street, Vero Beach, Florida 32960, Telephone (772) 226-1249, Monday through Friday between 8:30 a.m. and 5:00 p.m., or by mailing a check or money order to said address, payable to Indian River County.

3. IF RESPONDENT HAS NOT PAID the herein described fine within sixty days of this Order, this Order shall be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator(s}. The lien may be foreclosed upon after three months from the fili11,g of any such lien which remains unpaid, in accordance with the provisions of Florida Statutes Section 162.09(3), as may be amended.

4. TIDS BOARD ALSO HEREBY ORDERS that respondent shall comply with the herein cited County Code section(s) on or before MARCH 25, 2011 (hereinafter compliance date), by submitting a dune mitigation plan and by applying for and obtaining an after•the-fuct dnne maintenance petmit from the County Environmental Planning Section. Respondent(s) shall not use, or permit the use of, said property in violation of the cited code sections at any time thereafter. If the violation continues beyond or recurs after the specified compliance date, a fine of $100 per day for each day of noncompliance shall be imposed.

5. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE INSPECTOR at 1801 27th Street, Vero Beach, 'Florida 32960, Telephone (772) 226-1249, who shall inspect the property and advise the Code Enforcement Board as to the correction of the violation.

6. IF RESPONDENT HAS NOT ABATED OR CORRECTED THE VIOLATION on or before the compliance date, THIS BOARD SHALL RECONVENE in the Commission Chambers of County Admioistration Building A, 1801 27th Street, Vero Beach, Florida at 1:30 p.m. on Monday, MARCH 28, 2011 to hear further evidence on the issue of compliance and to impose the specified fine amount per day for each day the violation continues beyond the compliance date. RESPONDENT IS HEREBY FURTHER NOTIFIED TO REAPPEAR before this Board for such compliance hearing, at the aforestated time and place, UNLESS TIDS MATTER HAS BEEN SATISFACTORILY RESOLVED AND THE CODE INSPECTOR HAS BEEN DULY NOTIFIED and has acknowledged correction of the violation.

7. RIGHT TO APPEAL: An aggrieved party, including the local governing body, may appeal a final administrative order of the enforcement board (or designated special master, as applicable) to the circuit court. Such appeal shall not be a hearing "de novo," but shall be limited to appellate review of the record created before the enforcement board or d·esignated special master. AN APPEAL, if filed, MUST BE FILED WITHIN 30 DAYS of the execution of this order (reference Florida Statutes Section 162.11).

DONE AND ORDERED JANUARY 24, 2011, in open session at the County Commission Chambers of County Administration Building A, 1801 27th Street, Vero Beach, Florida.

EXECUTED by the Chairman oft~Indian River County Code Enforcement Board, and attested and countersigned by the

•-·""-o<,o~"""'ili;, \5 a~o; R1,n.c~"\ ,WH. ":! r7 ATTEST: \X¼>U',¼ '--\ JxA~RC0 7~~ ,--

Darcy v,;;ila_s) Keith D. Hedin, Chairman . B,_oard Secretary Indian River County Code Enforcement Board

;•j6,;J:i:,~i:::.:ci ;','y,•.:

Copy ftlinished io: . - Respondent vising Attorney - Code Inspector ROSE JEFFERSON

255

.,

CODE ENFORCEMENT BOARD

A meeting of the Indian River County (IRC) Code Enforcement Board (the Board) was held in the Commission Chambers at the County Administration Building, 1801 27th Street, Building "A", Vero Beach, Florida on Monday, January 24, 2011 at 1 :30 p.m.

Present were Chairman Cliff Suthard, Member-at-Large Appointee; Vice Chairman Joe Petrulak, Subcontractor Appointee; Karl Zimmermann, Realtor Appointee; and Keith Hedin, Businessman Appointee.

Absent were Joe Garone, General Contractor Appointee and John Owens, Engineer Appointee, both excused. Let the record show there is a vacancy for an Architect Appointee.

Also in attendance was IRC staff: Roland DeBlois, Environmental and Code Enforcement Chief; Andrew Sobczak, Environmental and Code Enforcement Senior Planner; Betty Davis, Vanessa Carter Solomon, Rose Jefferson and Kelly Buck, Code Enforcement Officers. Others present: Attorney Wayne Coment, Attorney for the Board; and Darcy Vasilas, Commissioner Assistant District 3, Recording Secretary.

9:45:11 Call to Order

Chairman Suthard called the meeting to order and led all in the Pledge of Allegiance. The secretary called the roll, establishing that a quorum was present.

9:46:29 Election of Chairman and Vice Chairman

Chairman Suthard opened the floor for nominations of Chairman for 2011 .

Mr. Petrulak nominated Mr. Hedin. Mr. Zimmerman nominated Mr. Petrulak. A vote was held with a tie vote of (2-2). Mr. Petrulak bowed the Chairmanship to Mr. Hedin and took the Vice Chairman position.

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ATTACHMENT 3 256

tree.

Ms. Vanessa Carter Solomon, IRC Code Enforcement Officer ported she had not had any contact with the property owners or the bank reR sentative. She posted the property and submitted an Affidavit of SeNice into 1dence which Js on file in the Commission Office.

Ms. Danielle Levin, representing the bank, lated this case was in the foreclosure process but no final judgment had en given. This was a Bank of America loan and all their cases were under cument review so until such time as the documents can be reviewed and dee t:I to be correct, no action could be taken. She asked for 30 to 60 days to move ead as quickly as possible.

Mr. DeBlois recomme d proceeding with the 60 day timeframe for compliance, which would b ntil March 25, 2011. He was particularly concerned

ould affect structures if it fell.

TION BY Mr. Zimmerman, SECONDED BY Mr. P rulak, the members voted unanimously (4-0) to approve staff's recommendation.

It is noted for the record the Bank Representative was present for this hearing.

10:29:37 Case #2010090084 - Dr. Leslie & Karen H. Tar

Mr. DeBlois recapped this case related to oceanfront property with a violation of dune vegetation removed which was protected under the County's Land Development Regulations.

Mr. Andrew Sobczak, Environmental and Code Enforcement Senior Planner, submitted photographs into evidence, which are on file in the Commission Office. He related he went back to the dune area several months after the initial complaint in September, 2010 when he received a call regarding the seagrapes being cut and when he visited the property it appeared there had also been herbicide applied to the dune area as vegetation was not coming back.

Mr. DeBlois asked how the adjoining dune properties appeared. Mr. Sobczak replied the neighboring properties on either side had intact living seagrapes. There had been no permits issued for dune maintenance for any trimming. He continued if a permit had been issued, there was a minimum height of four-feet allowed for seagrapes to be trimmed back to, and in this case the trimming was substantially

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257

lower than four-feet and the trimming either resulted in the death of the seagrapes or herbicide had been applied.

Mr. DeBlois inquired if any trees deemed protected or specimen trees under the IRC Tree Protection Ordinance had been destroyed. Mr. Sobczak replied there were 15 individual seagrapes which had a diameter larger than 4-inches that would be considered protected.

Mr. DeBlois asked if either the IRC Tree Protection Ordinance or the Coastal Management Ordinance had information on calculation of fines. Mr. Sobczak responded there were fines for both protected and specimen vegetation; in this case the fine would be $1,000 per each protected tree removed. Given the 15 separate seagrapes he found to have been removed the fine would total $15,000.

Mr. DeBlois queried what Mr. Sobczak would recommend as a remedy to this issue. Mr. Sobczak replied a remedy would be for the property owner to obtain an after-the-fact Dune Vegetation Maintenance Permit, with that application he would include a plan to re-vegetate the dune and also pay the according fine of $15,000.

Mr. DeBlois wanted to know if there were any other agencies having jurisdiction over this matter. Mr. Sobczak testified he had also forwarded photographs and site information to the Department of Environmental Protection.

Discussion was held regarding the area of dune disturbance in relation to the dune stabilization setback line. Mr. Sobczak showed on the overhead where the location of both the area of dune disturbance and the dune stabilization setback line were located.

Mr. DeBlois summarized based on testimony, staff recommended the respondent pay the $15,000 fine and to submit an after-the-fat permit for dune alterations which would include a re-vegetation plan with a 60 day timeframe, until March 25, 2011 for compliance.

Dr. Leslie Tar cross-examined Mr. Sobczak. He pointed out Mr. Sobczak had indicated to him there were other properties adjacent to his on either side were also involved. Mr. Sobczak confirmed his latest inspection last week the property immediately to the south also had the seagrapes cut to the ground.

Dr. Tar presented his hospital identifications on the overhead showing his address of business was Port Charlotte, Florida. He continued he had informed Mr. Sobczak the property being discussed was not his permane

0

nt regular address as he

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worked and lived on the west coast of the state.

Dr. Tar,asked if any of the neighbors were questioned, and if so, were they asked if they knew who cut the vegetation. Mr. Sobczak replied he spoke to the neighbor immediately to the south who also recently had her seagrapes trimmed and she informed him she did not know who had cut the seagrapes.

Dr. Tar pointed out he had owned the property for 20 years and the form of cutting down the seagrapes had occurred on a yearly basis. Mr. Sobczak clarified Dr. Tar had informed him in the past the neighbors had trimmed the seagrapes for him.

Dr. Tar testified since he did not reside in the home he had owned for 20 years, but he allows his neighbors to use his driveway and felt they may have taken liberties of trimming his seagrapes because they obstructed their view of the ocean. He acknowledged the seagrapes protect against hurricane wind damage and he would prefer to have them as high as possible to protect his house. He was unaware of any regulations having to do with dune protection and chose not to make an issue of neighbors cutting the seagrapes .. He also did not feel he should be held responsible for a violation someone else did to his property.

Mr. Zimmerman explained as evidenced in previous cases presented today, a property owner was ultimately responsible for cleaning up their property, whether or not they actually were responsible for the violations. He continued he could not understand how Dr. Tar knew of the seagrape cutting for years and did nothing to stop it. Mr. Zimmerman opined Dr. Tar would now most likely be hearing from the Florida Department of Environmental Protection who would be more impressive with their fines than what was being imposed today.

Mr. Petrulak asked Mr. Sobczak if when he visited the property in September, 2010, if the neighboring properties were also cut down. Mr. Sobczak replied they were not at that time, but when he revisited the site last week, the neighbors to the south were cut down at the same level as Dr. Tar's.

11 :03:02 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Zimmerman, the members voted unanimously (4-0) to require an after-the-fact permit be required; with that permit a mitigation plan be submitted; and the fine be $15,000 to be completed within 60 days, March 25, 2011.

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It is noted for the record the Respondent was present for this hearing.

11 :03:47 Case #2010090085 - Susan Agnes Krol

Mr. DeBlois related this was a Compliance hearing relating to an issue of I d clearing and tree removal violations of a commercial property. At the Novem r 22, 2010 meeting, staff presented evidence showing no permits were obtai (:l for at least three protected cabbage palms that had been removed and land aring had occurred without a permit. As a result of that Evidentiary he ·ng at staff's recommendation, the Board entered a fine of $3,000, at $1,000 fo ach of the three protected cabbage palms, and also directed that by Jan ry 21, 2011 the Respondent complete the disposal and removal of remainin nd clearing debris on the property.

Mr. DeBlois reported to date, the property ha een substantially cleaned up with some minor remaining debris. Pictures wer submitted into evidence and are on file in the Commission Office. Staff deeme he Respondent was in compliance with the remaining issue of the fine of $3,00 . The Respondent had made a request

· to the Board to consider the replanting of e cabbage palms to mitigate some of the fine.

Ms. Krol testified there w a misunderstanding with the person clearing the property. The three cabbage alms were damaged from the 2004 hurricanes and were leaning with some of e roots exposed. When the property was being cleaned up the trees were push (:l off to the side as they were thought to be part of the clearing process.

Ms. Krol ntinued she has 26 palm trees on the property and would be willing to plant thre cabbage palms to replace those that were removed .

. DeBlois stated since Ms. Krol had offered to plant three new cabbage pal , the Board should consider a possible reduction in fine to $1,500 plus the r uired planting of the new palms which would have to be a one-to-one eplacement with a 10-foot clear trunk or larger tree.

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COASTAL MANAGEMENT

ta] to the mechanical operation of essel such as, but not limited to, co · water, bilges, and waterjet outflows. (Ord. N , § 1, 9-11-90)

Section 932.06. Dune and shoreline protection.

In order to protect the natural vegetation and the main dune bluff fronting on the Atlantic Ocean, th~ following restrictions shall be observed:

(1) County dune stabilization setback line. The county hereby adopts the 1978 FDNR

Supp. No. 30 932/2.1

§ 932.06

ATTACHMENT 4

261

•:

____ ...,.

COASTAL MANAGEMENT I 932.06

Coastal Construction Control Line (C.C.C.L) as the County Dune Stabilization Setback Line (D.S.S.L.), as recorded on June 10, 1981 in county Plat Book 10, Pages 93-93H.

(2) Encroachment, ingress, disturbance. Except as provided herein, encroachment or ingress onto or any disturbance of the main dune or natural vegetation seaward of the county dune stabilization setback line is prohibited, including encroachment or disturbance caused by individuals upon foot or by vehicle of any kind. Ingress by foot seaward of the county dun,, stabilization setback line must be associated with an approved dune crossover structure.

(3) New constrnction; disturbance of dunes, vegetation. The land between the coastal construction control line and the county dune stabilization setback line is established as a zone of regulation, whereby the Bureau of Beaches and Shores of the Florida Department of Natural Resources and Indian River County may permit construction activity and construction related dune alteration. Except as provided herein, new construction and/or disturbance of the dune and associated native vegetation is not permitted seaward of the county dune stabilization setback line.

(4) Vehicles prohibited seaward of dune stabilization line; exception. Except as expressly provided in subsection (5), it shall be unlawful for any person to. operate, drive or propel any truck, tractor, bulldozer, grader, crane, automobile, motorcycle, dune buggy, moped, minibike; all-terrain cycle, or any other vehicle seaward of the county dune stabilization setback line excluding, however, any of the aforementioned vehicles when operated by an officer of any agency of the state or of a political subdivision of the state in the furtherance of official duties, or those operations which have received the express authorization of the board of county commissioners. The parking or storage of automobiles, trailers, motor homes, recreation and like vehicles is prohibited seaward of the dune stabilization

Supp. No. 13 932/3

setback line (DSSL). Boats may be stored seaward of the dune stabilization setback line if stored, located and moved in a manner that does not disturb, damage or destroy the existing dune or associated dune \'egetation, and in a manner that does not interfere with the natural reestablishment of the dune or associated dune vegetation. ~torage of boats is also subject to the requhements of section 911.15(7). However, boats stored in accordance with the requirements of this section by or with the.µ<>rrr1is:· sion of the abutting upland land owner, shall be exempt from the requirements of section 911.15(7)(b)l. and 912.l 7(3)(b)l.

(5) Leeway zone. Notwithstanding the foregoing provisions, an applicant who has received the express written approval of the Bureau of Beaches and Shores of the Department of Natural Resources to carry on construction of an approved structure within fifteen {15) feet of "the county dune stabilization set• back line may make use of a leeway zone seaward of the county dune stabilization setback line. Said zorie· may extend a dis• tance of up to fifteen (15) feet seaward of the dune stabilization setback line, but may not extend more than fifteen (15) feet seaward of said structure. The purpose of the leeway zone is to provide for temporary encroachment of workers and equipment seaward of the dune stabilization setback line necessary for construction activity. All proposed activity within the fifteen-foot leeway zone shall be described izi: writing and submitted to the environmental planning section. Such writt.!'>n request for authorization of a leeway zone shall include a vegetation survey that locates and \denti- .. fies all vegetation within an area between the county dune stabilization. setback line and a line twenty (20) feet seaward of that line, as well as a plan for revegetating and maintaining the leeway zone with natural indigenous dune vegetation. No permanent improvement or structure may be made in the leeway zone and, ·prior to encroachment therein, a temporary barrier running parallel to the coastal construction control line

262

I

\ § 932.061 INR)AN RIVER COUNTY CODE

or county dune stabilization setback ]ine . , shall be placed at the most seaward eJ<tent

of the leeway zone to identify the limits beyond which no encroachment of anykind may occur; provided, however, all activities related to construction of an approved dune crossover or elevated bridge shall be gov· erned:by authorization of the Department of Natural Resources, l'Jureau or'Beaches and 'Shores, or its successor. Approvals reqi.ired under this 1paragraph may be obtained concurrently with site plan

··o,-isubdivision approval, as thii case may be, but must be obtained prior to the scheduled· activity. The_:Jeeway zone shall be revegetated with nl,tural indigenous dune vegetation upon completion of construction activities and prior to the issuance of any certificate of occuJJancy for the subject imJ)rovements. The applicant remains respon· sible for successful reclamation of the dune ·vegetation temporiirily destroyed under this JJaragraph. ''

(6) [Exceptions.] Na(hing in this section shall be construed to prohibit the undertaking of coastal construction projects seaward of the coastal construction control line, when approved by the Bureau of Beaches and Shores

,_of the Department of Natural Resources of · the State of Florida, and when the appli

cant can demonstrate to the county that the project is in the public interest or is necessary to protect contiguous real property improvements; ·provided that any such coastal erosion control project which includes beach sand renourishment shall also include a program of dune system restoration as a component of the project. Such restoration program s,hall include both dune revegetation, using native and salt-tolerant plant material 'which is appropriate and suitable for dune revegetation, mid reestablishment of the dune J)rofile. · · ·

(7) Seawalls and bulkheads. Seawalls, bulkheads and other rigid, permanent shoreline protection structures shall not be permitted unless:

(a) Nonstructural alternatives have been employed correctly and proven to be unsuccessful;

Supp. No. 13 932/4

(b) The county engineering department and the Division of Beaches and Shores of the Florida Department of Natural Resources recommendations. include the utilization of a rigid structure over other alternatives;

(c) The subject property owner assumes responsibility and agrees to mitigation of any adverse environmental impacts, including increased downdrift erosion of adjacent property, throughout the life of the stabilization project; and

(d) The bulkhead or seawall is necessary to protect real property improvements from a twenty-five-year or less intensity storm event, utilizing methods approved by the Division of Beaches as Shores of the Florida Department of Natural Resources.

(8) Roadways. No roadway shall be allowed. to cross the county dune stabilization setback line, except at specified locations, to be designated by resolution of the board of county commissioners ..

(9) Emergency provisions. During periods of emergency, such _as hurricanes or severe storms, in order to protect life or property, provisions of this ordinance may be temporarily suspended by petition to, and approval of, the board of county commissioners or by proper authorization from the emergency management director. All approvals for emergency work shall be coordinated with the Florida Department of Natural Resources upon the expiration of eminent threat to life and property.

(10) Beachfront development. All projects constructed between the Florida Department of Environmental Protection Coastal Construction Control Line and the county dune stabilization setback line shall demonstrate compliance with the FDEP. Coastal Construction Control Line.regulations as established in Chapter 161, Florida Statutes, and as specified in this chapter. In addition, the standards for protecting dune vegetation, as established, shall be satisfied.

(a) No building, excavation or manmade structure, except approved dune cross-

263

COASTAL MANAGEMENT § 932.06

over structures or other similar minor structures as defined by the Florida Department of Environmental Protection shall be located seaward of the county dune stabilization setback line.

(b) All new development desiring beach access shall be required to install, maintain and utilize dune crossover structures as approved by Indian River County and the Florida Department of En0.ronmental Protection. Dune crossover design and maintenance shall be in compliance with the provisions set forth by the FDEP and all applicable county regulations including the following:

Supp. No. 13

1. Dune crossovers shall be wood-pile supported and elevated above the dune vegetation; they shall be elevated a minimum of twenty-four (24) inches above grade in all areas as measured to the bottom of the walkway support members, with the exception of access stairs and ramps. Dune crossovers shall generally be located perpendicular to

· the shoreline where crossing dunes. Covered or roofed viewing areas shall not exceed twelve (12) feet in height as measured from mean crossover elevation to mean height between the eaves and ridge for sloped roofs, the highest point for flat roofs, and. the deck line of mansard roofs.

2. Private dune crossover structures shall ·be limited to one structure per single-family lot, or one structure per recorded public or private beach access (subdivisions, PRD's). Those persons desiring more than one access per single-family lot shall be required to obtain administrative approval from the community development director, and shall state in writing the reason for the request. The community development director shall approve, conditionally approve, or deny the

932/5

request based on the following minimum criteria:

i. The additional structure does not require alteration of the existing dune or dune vegetation other than that which is normally incidental to dune crossover construction.

ii. Structures associated with guest houses, lots with greater than two hundred (200) feet of ocean frontage, or areas experiencing a history of repeated, unregulated use (such as street ends and trails) may be permitted.

iii. Additional structures on the same contiguous property must maintain a minimum fifty-foot separation.

iv. All criteria as applicable and set forth by this chapter shall be applied to all additional structures.

3. Dune crossovers shall be allowed to encroach up to five (5) feet into any required side yard, provided any such structure not specifically exempted in Chapter 932 subsection (10)(b)4. is located no closer than five (5) feet from any property line. No crossover structure shall be allowed to locate in any required easement other than access easements.

4. Adjacent properties desiring to share one dune crossover structure shall be exempt from subsection (10)(b)3. provided the proposed structure does not contravene the additional provisions of this chapter and that the said structure is recorded as a cooperative structure under a cross easement for use.and maintenance or recorded in the deed restrictions of the adjoining property owners.

5. Gazebos, viewing decks, sitting areas, landings and similar structures located seaward (east) of the dune stabilization setback line must be associated with

264

§ 932.06 INDIAN RIVER COUNTY CODE

approved dune crossovers. Gazebos and other similar structures may not exceed one hundred forty-four (144) square feet in total floor area when measured from the outward extension of the elevated floor area. No walled or enclosed structures other than louvers not exceeding fifty (50) percent opaqueness shall be permitted. Gazebos and other such structures shall ·not be located in any required side yard unless shared by adjoining property owners pursuant to the provisions of this chapter ..

6. Private, single-family dune crossovers not specifically designed for handicap access shall be limited in width to five (5) feet. Crossovers associated with subdivisions or PRD's or any public or public/private facilities shall maintain a minimum four-foot width, and shall not exceed eight (8) feet in width, unless specifically designed for authorized vehicle access, handicap access or catamaran access.

7. All subdivisions and PRD's containing interior ;,swell as ocean front lots shall provide public and/or private beach access facilities with deeded access easements. These easements shall exceed the width of the proposed crossover structure by a minimum of two (2) feet on either side for maintenance purposes.

8. All new public• beach access areas shall include at minimum one dune crossover structure .specifically designed and located for handicap access. When replacing existing dune walkover structures with handicap facilities, minor site re-location to improve the public benefit of the facility is permitted. The replacement of structures not specifically designed for handicap access shall be at minimum a 1:2 (fifty (50) percent) handicap facilities replacement. All public facilities shall utilize mecha.nisms such as, but not limited to, native dune vegetation, fences or other barriers to discourage encroachment

onto dune areas, in association with crossover construction.

9. All walkover structures . shall be in strict compliance with section 932.09, Sea Turtle Protection.

(c) No construction or activity which threatens the stability of the primary beach and dune system shall be permitted.

(d) Notwithstanding the provisions of Chapter 904, Nonconformities, all structures and uses located seaward (east) of the county dune stabilization setback line, excluding approved crossover structures, which sustain damage from a naturally occurring storm event greater than fifty (50) percent of MAI (Member of Appraisal Institute) assessed current market value shall, instead of reconstructing at the exact same location, relocate upland of their former location and, when possible, westward of the D.S.S.L. Prior to reconstruction, structures shall obtain all necessary approvals and permits and comply with all existing applicable building codes concerning coastal construction.

(11) Dune vegetation maintenance. It shall be unlawful and subject to the penalties of Chapter 927, Tree Protection, for any person(s) to damage, alter, trim, remove or relocate any vegetation seaward of the com:ity"dune stabilization setback line without prior authorization and a county durie vegetation maintenance permit from the Indian River County Environmental Planning Section. Permits shall be issued under· the provisions set forth in Chapter 927, Tree Protection, in accordance with the following criteria:

(a) Pruning, trimming, removal or relocation of dune vegetation shall be prohibited between December 1 and February 15;

(b) All cuts shall be made cleanly. and at the base cif the branch or. Hmb of the vegetation, or at branch points of the stalk of the vegetation, except when done with respect to the shaping of a hedge;

(c) The planting of sod grass and ornamental landscaping shall be prohibited seaward of the dune stabilization setback line with the

Supp. No. 13 932/6

265

COASTAL MANAGEMENT § 932.07

exception of a five-foot wide pathway from the access structure to the residence, as necessary. In no case shall the sod be allowed to cross the primary dune area;

(d) Grasses, shrubs, shrub trees, or other similar dune vegetation may be maintained or trimmed up to four (4) feet above existing grade, provided such trimming does not result in the death or destruction of <the vegetation. On larger species.such as mature seagrapes, palms, and other similar species, the removal of the lower branches or limbs for view may be permitted, provided no such alteration results in significant damage or death of the vegetation. Sea oats may not be altered;

(e) All dead, decaying, injured or diseased vegetation may be trimmed without a permit, provided that:

I. The trimming constitutes only dead or diseased vegetation, and no live portions of vegetation are trimmed;

2. No root material is to be trimmed or destroyed. No native dune vegetation may be rooted or removed;

3. The applicant must notify the environmental planning section prior to commencing any work. The environmental planner shall inspect the property prior to authorization of permit exemption. Failure to notify the environmental planning section prior to any removal work will constitute a violation of the provisions of Chapter 927, Tree Protection;

4. No existing dune vegetation shall be removed by lhe root system with the exception of non-native, nuisance spedes as described in Chapter 927, Tree Protection, or as authorized by the environmental plarmer;

5. The provisions of this chapter shall not preclude the undertaking of approved shoreline stabilization projects or the location and construction of approved dune crossover structures and similar minor structures;

6. Any request to alter· or remove any existing vegetative cover seaward of the county dune stabilization setback line shall be accompanied in writing by a dune revegetation plan, to be approved by the environmental planning section.

(Ord. No. 90-16, § I, 9-11-90; Ord. No. 94-1, § 8A, 1-5-94)

Section 932.07. Piers, docks and boatslips. (1) Restrictions upon regularly moored wat r

craft; maintenance. Watercraft shall not be r larly moored along any shore without cons t of the riparian land owner. Regularly moored atercraft shall not be used as live-aboard essels, offices or commercial enter{Jrises exce in commercial marinas with approval and f cilities for that purpose. Regularly moored wa rcraft shall be kept in seaworthy condition en not in a permitted repair area. The moori g of live-aboard vessels (as defined in Chapter 9 I) in commercial marinas shall be limited to se boat slips designated for live-aboard ves els use on an approved site plan meeting t provisions described in section 971.35(3).

(2) Location of boat ips. Boatslips shall be· permitted only as a we storage area adjacent to a

. dock, marina, boat liv. ry, or boat yard. Boat slips shall not encroach upon a riparian side yard setback as determ· ed by the applicable zoning side yard setbac of the zoning district in which the project is- cated, as extended waterward from the adja:c nt upland. No portion of a watercraft moored such boatslip shall project into the extended ri ian side yard setback, unless nee

ow the utilization of riparian rights. Pn ?jection of waterfront structures.

nwalled shelters. Unwalled shelters may be erected over boatslips associated with docks or over the terminal platform associated with private observation/fishing piers and public piers; however, no part of such shelter may be erected beyond the shoreline unless. the following conditions are met: I. The applicant shall provide a de

tailed inventory of sea grasses and submerged aquatic vegetation in the area to reviewing county staff;

Supp. No. 33 932/7

266


Section 927.12. Determination of er tical root zone.

The critical root zone (CRZ) is an are around a tree that is regulated by the Ind·an River County Land Development Regulati s for the purpose of :rirotecting the roots an trunk of a protected tree or a specimen tree, bo during and after construction. It is a circular area using a radius measured from the center the tree. The radius is calculated as one (1) D t of radius for each one (1) inch of diameter at east height (4.5 feet above grade). For any frac · n of a foot over a whole foot, the diameter at br ast height will be rounded up to the next whole umber. Example: a tree has a diameter at breast eight of twenty-one and one-quarter (21 ¼) inch s; the CRZ is a circle, centered on the center oft tree, with a radius of twenty-two (22) feet.

1n no event shall the RZ be less than an area measured five (5) feet r dially from the center of the tree at its base ess expressly determined by the environment planner that a smaller specified CRZ may e established. A tree well design shall be req ired as appropriate in cases when the placeme of fill threatens the viability of a protected tr or specimen tree to be preserved. (Ord,.No. 90-16 § 1, 9-11-90; Ord. No. 2002-030, § 2, li-12-02)

Section 927 3. Local permit not exclusive. It is the i tent of this chapter that permits or

approval r uired hereunder shall be in addition to and not lieu of any federal, state, regional or other loc approvals that may be required for the same or imilar activities. In the event this chapter co icts with any other regulations on this subjec matter, the more restrictive shall apply, with e exception that in a municipality, the mun· ipal ordinance shall prevail. Compliance wit provisions of this chapter does not excuse an31 person for noncompliance with other applicabl federal, state, regional or local laws. ( rd. No. 90-16, § 1, 9-11-90; Ord. No. 2004-041,

2, 12-7-04)

ection 927.14. Open burning/air curtain incinerator regulations referenced.

The provisions of Chapter 925, Open Burning/ Air Curtain Incinerator Regulations, shall apply

regarding the H;,iif.tiinitJi.C!!f!J;i),:iiCa~,s.iR.fafeif":l'i>lth land clearing and tree removal activities, as applicable. (Ord. No. 90-16, § 1, 9-11-90)

Section 927.15. Variances and admini rative appeals.

A variance from any of the substantive equirements of this chapter or an appeal of a administrative determination made by thee ronmental planner may be obtained in acco i:lance with the procedures set forth for such re ef under the land development regulations of Indian River County; however, the planning d zoning commission oflndian River County all be the board to which all such variance req _sts or appeals are made. (Ord. No. 90-16, § 1, 9-11-9

Section 927.16. Tree pr tection as justification f variance relief from other. and development regulat' ons.

quirements of this chapter have been determi d to be of vital importance to the health, safety d well-being of the community, the desire preserve a protected tree or specimen tree, ether mandated by this chapter or not, shall be onsidered prima facie a unique or special condi on or circumstance peculiar to the land involve for the purpose of application for a variance m the literal requirements of land developm t regulations pertaining to building setbacks parking space requirements, or minor or resi ntial street right-of-way widths, provided

. adjus ents are made elsewhere on the site to pres e the maximum permitted lot coverage an he total minimum number of parking spaces,

provided safety precautions are taken to o set any hazard resulting from decreased right-f-way widths.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2004-041, § 2, 12-7-04)

Section 927.17. Penalties and enforcement. (1) It shall be a violation of this chapter for any

person: (a) To fail to obtain any permit required by

this chapter, or to violate or fail to comply with the provisions of any permit issued under this chapter;

ATTACHMENT Supp. No. 79 927/10

5 267

• /

_,.-··· TREE PROTECTION AND LAND CLEARING § 927.17

(b) To, without a required permit, remove, destroy, or kill a protected tree(s);

(c) To, without a required permit, remove, destroy, or kill a specimen tree(s);

(d) To, without a required permit, perform any land clearing or grubbing;

(e) To, with or without a permit, not properly dispose of tree removal or land clearing debris;

(f) To not properly install and maintain tree protection barriers around each tree to be saved, or groups of trees, as described in section 927 .05(3).

(2) The violation described in section 927.17(1)(c) above shall be deemed to be irreparable and irreversible [see Chapter 162.09, Florida Statutes (F.S.)].

(3) Any person who commits a violation specified in paragraph (l)(a) above shall be subject to a fine of up to two hundred fifty dollars ($250.00) for each day the violation continues to exist beyond a code enforcement board established date of compliance. This fine can be in addition to any other fine and/or penalty specified by the Code of Indian River County.

(4) Any person who commits a violation specified in paragraph (l)(b) above shall be subject to a fine of one thousand dollars ($1,000.00). The removal, destruction, or killing of each protected tree under this chapter shall be considered a separate offense.

(5) Any person who commits a violation specified in paragraph (l)(c) above shall be subject to a fine of up to fifteen thousand dollars ($15,000.00). The removal, destruction, or killing of each specimen tree under this chapter shall be considered a separate offense.

In determining the fines provided for in this subsection, the code enforcement board shall consider:

(a) The gravity of the violation;

(b) Any actions taken by the violator to correct the violation; and

(c) Any previous violations committed by the violator.

(6) Any person who commits a violation specified in paragraph (l)(d) above shall be subject to a fine of not less than one hundred dollars ($100.00) and not greater than fifteen thousand dollars ($15,000.00) per separate offense. The amount of the fine shall be calculated as follows [sections (a), (b), and (c)]:

(a) For low quality vegetation removal, a base fee of fifty cents ($0.50) per square foot of area illegally cleared land shall be charged. Low quality vegetation generally consists of plants such as dog fennel, grape vine, goose-foot grass, or non-native vegetation such as Brazilian pepper.

(b) For high quality vegetation removal, a base fee of seventy-five cents ($0.75) per square foot of area illegally cleared land shall be charged. High quality vegetation generally consists of native vegetation such as palmettos, gallberry, or wax myrtle.

(c) In the event that the quality of vegetation removed cannot be determined, a base fee of sixty-two and one-half cents ($0.625) per square foot of area illegally cleared land shall be charged.

( d) In addition to the above penalty, the area that was illegally cleared or on which protected trees or specimen trees were illegally removed shall be revegetated under the following circumstances:

1. The property on which the illegal land clearing and/or tree removal occurred is five (5) acres or larger and the area of illegal land clearing and/or tree removal was done within native uplands, as defined in section 929.05; or

2. The area of the illegal land clearing and/or tree removal was within a conservation easement, a conservation tract, the Jungle Trail Buffer, or other similar protected area.

Under circumstance (6)(d)l. above, the area of revegetation shall be that area that would have been required to have

Supp. No. 55 927/11 268


been set aside as detailed in section 929.05. No fee-in-lieu of payment will .be accepted.

Under circumstance (6)(d)2. above, the area of revegetation shall be that area where the illegal activity occurred within the conservation easement, the conservation tract, the Jungle Trail Buffer, or other similar protected area.

The area shall be revegetated with plant material that is native to Florida, consistent with surrounding plant material, and suitable for the area of revegetation. A revegetation plan must be submitted and approved by environmental planning staff. This plan shall include:

• a plan view showing the areas of revegetation, to include location of different species;

• the type, size, and spacing of the plants to be used, canopy, subcanopy, ground cover in proportion to that illegally cleared;

• a schedule for completion; and

• a maintenance plan, to include success criteria for a period of up to three (3) years after revegetation.

The purpose of the revegetation plan is to establish a native plant community to replace the plant community destroyed by the illegal activity. For the lost of mature native plant communities, only the largest plants that can reasonably be expected to survive (and can be procured) will be authorized for revegetation.

(7) Any person who commits a violation specified in paragraph (l)(e) above shall be subject to a fine of two hundred fifty dollars ($250.00) per day starting on the 61st day after commencement of the tree removal or land clearing. If the date of the commencement of activities cannot be determined, the fine shall start ten (10) days after the landowner and/or agent for the landowner is notified in writing that the debris must be re-

moved. If an extension has been granted, the fine shall commence on the day after the end of the extension.

(8) Any person who commits a violation specified in paragraph (l)(f) above shall be subject to a fine of two hundred fifty dollars ($250.00) per day for each saved tree that does not have properly installed and maintained protective barriers installed. The fine shall commence on the date that any development activity begins on the property associated with the project and the protective barriers are either improperly installed or not installed at all. In the event that the date the development activity cannot be established, the fine shall commence on the date that Indian River County staff has verified that development activity has begun and that the protective barriers are either improperly installed or not installed at all.

(9) Permits required by this chapter may be obtained after-the-fact by owners of individual single-family lots or parcels for protected or specimen tree removal activities on individual singlefamily lots or parcels, upon determination by the environmental planner that such activities were performed in accordance with permit issuance criteria specified in section 927 .07. The issuance of an after-the-fact permit abates the penalties described in this section for those actions or activities authorized by the after-the-fact permit. The fee for an after-the-fact permit shall be three (3) times the amount of the normal administrative fee as provided for in section 927.ll(l)(f). After-the fact permits shall not be issued for unpermitted land clearing or tree removal activities associated with non-individual single-family lot or parcel land clearing.

(10) With respect to any violation of this chapter, the owner of the property on which the violation occurred is presumed to have undertaken, caused to be taken, or authorized the illegal activity. The owner may present evidence proving that the presumption is incorrect in their case.

(11) A violation of any provision of this chapter shall be punishable upon conviction by a fme not less than five hundred dollars ($500.00), or by imprisonment in the county jail up to sixty (60) days, or both such fine and imprisonment. One (1)

Supp. No. 55 927/12

_/··

269

/ /

,,

TREE PROTECTION AND LAND CLEARING

or all of the penalties listed above shall apply to property owners and contractors found in violation of this chapter, The destruction or alteration of each tree or plant under this chapter shall be considered a separate offense, The destruction of an historic or a specimen tree or any dune vegetation, contrary to this chapter shall receive the maximum penalty provided by law,

(12) The county or any aggrieved party having a substantial interest in the protection provided by this chapter may apply directly to a court of competent jurisdiction for mandatory or prohibitive injunctive relief. In any enforcement proceeding, the adjudicating body may consider mitigating measures voluntarily undertaken by the alleged violator such as replacement or relocation of trees or vegetation, or other landscaping improvements, in fashioning its remedy. Such body may also require such restorative measures. (Ord, No. 90-16, § 1, 9-11-90; Ord. No, 92-11, § 22, 4-22-92; Ord. No. 2002-030, § 2, 11-12-02; Ord, No. 2004-041, § 2, 12-7-04)

Supp. No. 55 927/13

§ 927.17

270

Leslie Tar, MD, MPH Clinical Immunology:

22226 Westchester Blvd, Port Charlotte, FL 33952 Rhem:natology, Allergy, OCcup·ational & Environmental Medicine

Phone 94 \-625-3402 Fax 941-625-2504

Mr. Robert Solari County Commissioner District 7 1801 27th Street Vero Beach, Florida 32960 January 31, 2011

re: Code Enforcement Board of Indian River County Case No: 2010090084 Heating Date: 1/24/2011 at 1:30 PM

LoOl\tion; 22$2 ~AOANS OCllAN\VP.LK VERO lm'ACB Tox P•rcel IP No. 33-40-27-QOOZZ.OOQO-OOOLt,0 L•$•1 Oesorlption: A'll,ANUS SUBD!VlSlON LO'!' IS Pl'H I 1,9$ & 9SA

Dear Mr. Solari,

RECEIVED

FEB (l 3 20!!

lllOARD Of COUNTY COMMliSION

Enclosed, please find copies of the charge in this matter as posted on my property in Vero Beach. Please also find a copy of its publication in the TCPalm newspaper. I am asking for your support. I have discussed this with my County Commissioner, Dr. Christopher Constance, the County Commissioner for District 2 where I reside in Punta Gorda, Florida.

Essentially, at the Code Enforcement Board hearing, the Board decide to charge.me with a $15,000 fine, require me to pay an after the fact permit for cutting down sea $rapes, and submit a revegetation plan to them.

During the hearing, I provided them with undisputed proof:

1-of my full-time residency in Charlotte County as a full-time practicing physician,

2-that I used my Vero Beach home no more than 2 weeks a year,

3-that the home is not rented out to a third party and is not used by anyone but me,

4-that I had not been to my home since June of 2010 (long before the alleged ordinance violation),

·s-representation that I did not cut down the sea grapes on my property; that I did not dkectanyone to do so; that I did not give permission to any other party to do so,

6-that sea grapes were also cut down along immediately adjacent properties to the north and south of mine, that these cuttings were performed without permits.

ATTACHMENT 6 271

I argued that their decision was onerous, unreasonable, and would have a "chilling effect" on sale of properties to out-of-state persons who might want to purchase property in Vero Beach, given the imposition of such penalties without consideration of the circumstances that apply. The ordinance violated was intended to apply to developers, conttactt:,rs, and perhaps resident home owners who might fihd the presence of sea grapes as an obstruction to their view of the ocean. However, I am not a

member of this class of persons. The legislature very likely did not anticipate or intend to have the ordinance applied as this Board has done. Its application tq my cur'rent_fact patter!) would prevent growth of the community and prevent new land purchases by absentee owners.

This matter will move to the Circuit Court level for appeal if no. intervention occurs. As County Commissioner, you have the power to intervene in this matter. In his September 11th, 2002 Advisory

Legal Opinion (enclosed), Attorney General Butterworth addressed this matter head0on, stating: Section 162. 09 (3) ; Flo:dda Statutes, olec1rly pr.ovid¢s that "{al lien arising from a fine imposed pursunnt to this section runs in f;:ivor 0£ the local governing body, and the local governing body may execute a satisfaction o:r release 0£ lien entered pursuant to this .section.•·

Thus 1 the opinion cortcludes' that 1 in nddition to the code enforcement board itself, the board o.£ county commisGiCincrG has the authority to rcct\lCO or sntisty a fil'I<> 1t«pOScd by the county cocte onfo.:rcorncnt board.

As a home owner in your district in Vero Beach, I am requesting your assistance in obtaining a determination that the lien, yet to be imposed by the Board, be. considered satisfied. Satisfaction does not require payment of this onerous fine. It merely requires a determination by the County Commissioner that the matter is so over reaching that is shall be regarded as satisfied.

Thanks you kindly, ,,...

C: )v; (,._:,_ 76.,. ____ .

Leslie Tar, MD, MPH

cc: Christopher Constance, MD County Commissioner, District 7, Charlotte County, FL

272

01-18-'1110:45 FROM-

LliSLIB • !<AREN H • TAR 2252 MAGANS OCEAN WALK VERO J3EACH, FL 32963

T-972 P000Z F-858

Code Enforcement Board of Indian River County

NOTICE OF HEARING

Case No, 2010090084

1. YOU ARE liERli'.ii'\(N01'IFlE)) TO Al'PEAR before theCodc Enfot!!l!mentBoard oi'fodian Rlvtr .County, on Monday, 1/24/2011 at 1:30 p;m. in tho Co11nty Comini~si<m Chamber~ of the County Adm!rilsttatlon Building, 1801 27th Street, Vero Beach, Florida for .an eyjdentiary hearing to dotcrmlMwhotheryouare (or•have been}, in fact, i.n violation of the herein described Sectlon(s) of thli Code of Laws and Ordinances oflndlan River·County, Fiori~•·

2. You are alleged to have violated said ordinances in that:

A. Tho subject property Is zoned RS-3 District. B. On the subject property staff confirmed on 9/J 012010 the following condition(s):

- DUNE 'PROTECT(ON VIOLATION dune vegetation removed from the subject property withO\\t a county dune vegetation alteration permit

C. The referenced condition(s) is/are• violation of the following section(•) of the Code of Laws and Ordinonces of Indian River County:

Code Chapter/ Section - CllP 9321932,06

3. Tho violation concerns real property owned and/or occupied by the Respondent(!), and is described as follows:

Localion: 2252 MAOANS OCEAN WALK VERO .BEACH Tax Parcel ID No. 33-40-27-00022-0000-000I B.0 Legal Description: ATLANTIS SUBDlV!SlON LOT 18 PB! 11-95 & 95A

4, Other Information (as applicable):

OUNE VEGETATION VlOLATION • To achieve compHance, obtain an after-the-fact dune vegetation alteration permit with n revegetation plan for the dune. Per Code Section 927.17(\)(c), pay fine of $15,000 for destruction of protected sea grapes. For fu11her information contact Andy Sobczak at 226-15 I 8,

5. YOU HAVE BEBN NOTIFIED OF TflJS VIOLATION PRJ,VIOUSLY by correspondence ftom Code Enforcement Section staff dated 9/10110, Please be advised that at the hctein referenced hearing yoµ shnli have the opportunity to deny the herein charges and to present evidom:e and proofi" your behalf. If you do not appear in person or otherwise to defend the rn~tter, the BOatd may proceed to benr the case in your absence an'(l_ruleagainst you,

You may be represented by an attorney lf you desire. lfyou desire the mandatory attendance ofany wltne,, whom you believe wi11 not appear voluntarily, you may have a subpoena issue<! in your behalf by the Clerk of the Circuit Court.

A hes.ring contin\lanoe may be granted if you or your representing att_ornGy submits a written continuance request to the Code Enforcement Seotion at least five working day_s prior to tlle scheduled ¢videntiary hearing. Please be advised that a continuance may be granted only upon good cause for said request,

273

01-18-' 11 10:45 FROM- 'f-972 P0003 F-858

6, REPEAT VIOLATION: lfthe vlolatlon(s) described herein is a "repeat vlohitioit," this case may be pre[ented to the Enfo!'cement Board even if the repeat violation has been col'rected prior 10th¢ Board hearing, "Repeat violation," as difined In Section 162.04, F,$., moans a violation of a provision ofa code or ordinance by a person whom the Code

.. Enforcement Board has previously found to have violated the samo provision.within five years prior to the violation.

7. TAKE NOTE, In accordance with Florida Statutes Chapter 162 and County Code Ordinance No. 90-20, ·as amended, lhe Code Enforcement Board has the authority to command whatever stops are necessary to bring a violation into compliance, including the ability to levy a tlne against you up to a maximum of$250,00 for each day during which the violation is f.o\md to oxist past a Board establbihed date.for compliance, In thEl case of a "repeat violation 11 (as defin~d he,·ein), a tlne may be levied for each day the repeat violation continues past the date of notice to the ~iolator of tho ropeat violation, A fine of up to $500.00 per day may be imposed if the violation is of a recurring nature.

ihis fine may be reducod to a claim of Hon against the land on which the violation exists, or if you do not own the land, again st any other real or per.sonal property you do own.

8. PUBL)C NUISANCE ABATEMENT, Jri accordance With County Code Section 973,04, if the Code Enforcement Board determines at a compliance hearing that the vio!ation(s) consdtute a public nuisance posing a serious threat to public health, safety and welfare or if the violation Is Irreparable or ltreversible in nature, then the Board shall advise tho County, no sooner than 30 days after the compliance hearing, to enter onto the property and abate the nuisance. with costs of the abatement to be t'ecol'ded as a lien against the property,

9. IFYOU DEClnE TO APPEAL any decision made by tho Code EnforcemeM 'Board,with rospect to any molter cc,,n_sicjere;~ ~J t~e he,aring, you will need- a record of the proceedings and for such pU:r'poses. you may need to ensure that a verbotiin. record of the proceedings is made, which record incltrdas the·testlmcny-and ev!<lence upon which your appeal Is to be based. Tho Secretary to th~ Board will taperec~rp all hearings and prepare minutes of each meeting; however, you may prefer to retain the servfoes·_o_f a '.~.~~i~.~~e a read11y J\Vailabhr_verb~tim tr'anscrl-pt;.

lfyou have questions concerni~Ju• Notice. ooffHH.• eaarriing, cJintact Code Oflice,ROS)!) JEFFERSON at (77i)Z26-!252.or (772) 226-1249, ~/

Action Order No, CEB Case No. Code Inspector:

126424 2010090084 ROSE JEFFERSON

D:~:~ 13.,, 2010

~l{l,-~ Darty V11sila.s Board Secretary

274

Vero Beach homeowner issued $l5K fine for seagrape tree trimmings: TCPalm Page I of2

RElad mor& at tcpalm,.con;

Vero Beach homeowner issued $15K fine for seagrape tree trimmings By Henry A, Stephens

Of1glnaUy published 01 :02 p.m., January 25, 2011 Upd:::itad 06:48 p.m., January 25, 2011

INDIAN RIVER COUNTY - Dr. Leslie Tar, an allergist and empty-nester who moved

from lhe Atlantic shores of Vero Beach two years ago toPort Charlotte on the Gulf of

Mexico, shook his head Tuesday in disbelief at his $15,001} fine for cutting dune

vegetation locally.

"I don't even live there," he said, "I'm there maybe a week a year."

But he still owns the house, county Code Enforcement Board members said Monday

as they voted to levy the fine against him.

Records show county code enforcement officers on Sept. 10 got an anonymous tip about the vegetation east of Ta(s oeeanfront house, In tlie 2200 bJock Of Maga n's

Ocean Walk in lhe A~antls subdl\ils!oh, having been cul to ground level.

Pictures taken by officers, on a visit to verify !he complaint show seagrapes and other dune vegetation cut and dead. And there has been very 1111ie growth since then, Code

Enforcement Chief Roland DeBlois said Tuesday.

County regulations allow oceantrnnt homeowners to trim most grasses and shrubs on

the dunes to 4 feet above the immediate sand level; as long as the homeowner first lnfo,ms Iha county and tho trimming doosn'l load to the plants' death. In addition, any

removal of trees requires the homeowner to first apply for a county permit.

Dune vegetation is linked to helping prevent erosion as the plants anchor the sand with

their extensive root systems.

"The county considers dune vegetation to be protected, regardless of the size (of the

trees)," DeBlois said. "We speculate this was done for ocean-view reasons,"

That's obvious, Tar said, but insisted he didn't do it.

Tar, 54, said he lived In Iha house fot about 20years, ha\iing moved here from Pittoburgh, but relocated to Port Charlotte two yeara ago when his grown children left

the home. He still owns It, however, and county records show he has kept up the tax

payments.

http://www.tcpalm.com/news/2011/jan/25/vero-beach-homeowner-issued-15k-fine-for-tree... 1126/2011

275

Advis01y Legal Opinion - Code enforcement board, reduction of fine

Florida Attorney General Advisory Legal Opinion

Number: AGO 2002-62 Date: September 11, 2002 Subject: Code enforcement board, reduction of fine

Mr. Bruce W. Jolly ;Legal Advisor City of Fort Lauderdale Code Enforcement Board 1322 Southeast Third Avenue Fort Lauderdale, Florida 33316

Page I of 5

RE: CODE ENFORCEMENT BOARDS-FINES-LIENS~authority of code enforcement board to reduce fi11.e where order imposing fine recorded. s. 162c09, Fla. stat.

Dear Mr. Jolly:

You have asked for my opinion on substantially the following question:

Is a code enforcement board authorized to reduce a fine for noncompliance with an order of the board after that order has b-~en recorded pursuant to section 162.09(3), Florida Statutes?

In sum:

A code enforcement board is not authorized to reduce a fine for noncompliance with an order of the board after that order has been recorded pursuant to section 162.09(3), Florida statutes. Rather, upon being recorded, such an order beco.m<es a lien that may only be compromised, satisfied or released by the local governing body.

The purpose of Part I of Chapter 162, Florida Statutes, the Local Government Cod<= Enforcement Boards Act (act), is "to provide an equitable, expeditious, effective, and inexpensive method of enforcing ... codes and ordinances in force in counties and municipalities, where a pending at repeated violation continues to exist." [l] In order to accomplish this purpose, the act authorizes a county or municipality, at its option, to create local code enforcement boards as provided therein. [2] Such code enforcement boards possess the authority to impose administrative fines and other noncriminal pen~lties. [3]

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Advisory Legal Opinion - Code enforcement board, reduction of fine Page2 of5

Section 162.09, Florida Statutes, makes provision for the administrative fines that niay be imppsed by the c<>de enforcement board, authorizes local governments to make repairs to property in violation of local codes and provides for the recording of liens against property upon which a violation exists or other property owned by the violator. With regard to imposing fines, pursuant to section 162. 09 (2) (a), Florida Statutes:

"A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include a11 costs of· repairs pursuant to subsection (1). However, if a code enforcement board finds the violation to be irreparable or irreversible :l.n nature, it may impose a- fine not to ex·ceed $.5.,_o·oo p_er_ viOJ.atiOn·. 11

This subsection providei, dritiar:l.a that must be considered by a code enf·orcement :1:,;oai;d i.ti determining the q.ll\Ount of the f_i1)·e. [4J The statute also specifically empowers. a C6da ertfo-=-e_m,mt: t,Qs<_i:d_ ti:, "reduce a fine imposed pursuant to this section." [5]

Section 162.09(3), Florida Statutes, states, in part:

"A certi:t:ied copy of an order imposing a fine, or a fine pl.us repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real. or personal property owned by the viol.ator. upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to th1s section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section."

Thus, the statute establishes that the lien that results f,rom a fine imposed pursuant to section 162,09, Florida Statutes, is granted in favor of the local governin,;i body. It is. the governing body that has the power to determine whether the lien has been satisfied and that may execute the legal satisf~ction or release from the lien.

In several previously issued Attorney General Opinions this office ha.s di.scussed the authority of local code enforcement boards to reduce the fines imposed by the board pursuant to section 162.09, Florida Statutes. In Attorney General Opinion 98-40 it was noted that while section 162.09(2) provides that~ code enforcement board may reduce a fine imposed pursuant to the statute, amendments made

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277

Advis01y Legal Opinion - Code enforcement board, reduction of fine Page3 of5

in 1994 provide that a lien arising from such a fine. "runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section." Thus, the opinion concludes that, in addition to the code enforcem1=nt board itself, the board of county commissioners has the authority to reduce or satisfy a fine imposed by the county code enforcement board. [6] A subsequent opinion, Attorney General Opinion 98-50, reconfirmed the code enforcement board 1 s authority to reduce fines in light of the 1994 statutory amendments to seqtion 162.09, Florida statutes.

Two later opinions considered the nature of the liens a.uthorized by section 162.09(3), Florida Statutes. In Attorney General Opinion 99-03 this office discussed whether a city could enter into Collection agreements with a private collection agency allowing the agency to compromise code enforcement board liens and to pursue collection through litigation.. Focusing on the authority of local governments to compromise and settle litigation and the home- rul-e- powers of municipalities, the opinion concluded that a municipality was authorized to· enter into an agreement with a collection agency to settle or compromise outstanding l.iens from code enforcement violations and to pursue collection through litigation.

In Attorney General OpihiOn 01-0.9, a city official asked whether it had the power to auction its code enforcement board liens a:tising under Part I, Chapter 162, Florida Statutes, to private parties. The city official had determined that foreclosing on the large number of liens it had imposed would be impractical and sought to determine whether the liens could be auctioned to private bidders who could then foreclose on the property. The money raised by these auctions was to be used for neighborhood improvements. Noting that the arrangement discussed in Attorney General Opinion 99-03 did not result in the complete divesti.ture c,f these liens by the local governing body to a private party, this office concluded that the statutory scheme did not contemplate the enforcemeint of liens, or the issuance of satisfaction or release of code enforcement board liens, by private third parties outside the control of the local governing body. Thus, while it was suggested that the city might contract with a collection agency to pursue collection of code enforcement board liens on the city's behalf 1 the opinion concluded that the city was not authorized to auction its code enforcement board liens to private parties for foreclosure.

Section 162.09(3), Florida Statutes, clearly provides that 11 (a] lien arising from a fine imposed pursuant to this section runs in favor of the lqcal governing_ body, and the local governing body may execute a satisfaction or release of lien enteired pursuant to this section." Because a lien under section 162.09(3), Florida statutes, runs in favor of the looa1 governing- body, it is my Opinion that only the governing body may compromise, satisfy or release such a

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Advisory Legal Opinion - Code enforcement board, reduction of fine Page 4 of 5

lien. While section 162.09(2) (c), Florida Statutes, authorizes an enforcement board to reduce a fine imposed pursuant to this section, nothing in the statute appears to extend that authority to reducing the amount of a lien created when a certified copy of an order imposing a fine has been recorded in the public records. Statutorily -created agencies have only such power as is conferred by statute. [ 7 l

In sum, it is my opinion that a code enforcement board is. not authorized to reduce a fine for noncompliance with an order of the board after that order has been- recorded ·pursuant b:::) sect-ion 1e2· .. 09

(3), Florida. Statutes.

SinccrC1y,

Robert A. Butterwor-th Attorney General

RAB/tgh

--------------------~---------------~-~---------------------[1] Sections 162.01 and 162.02, Fla. stat.

[2] Section 162.03(1), Fla. Stat.

[3] section 162.09, Fla. Stat.

[4] Section 162.09(2) (b), Fla. Stat., states that

"In determining the amount of the fine, if any, the enforcement board shall consider the following factors: 1. The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the violator."

[5] Section 162.09(2) (c), Fla. stat.

[6] The amendments made in 1994 addressed a problem pointed out in Op. Att'y Gen. Fla. 93-91 (1993). That opinion concluded, based on the language of section 162.09, Fla. stat. (1993), that a city council had no authority to reduce a fine imposed by a municipal code enforcement board. Rather it was the code enforcement that possessed sole authority to reduce such a fine and execute a satisfaction or release of lien.

[7] See, City of Jaaksonvi1le v. Jacksonvi11e Supervisor's Association, Inc., 791 So. 2d 508 (Fla. 1st DCA 2001), and see,

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Advisory Legal Opinion. Code enforcement board, reduction of fine Page 5 of 5

State ex rel.. Greenberg v. Fl.orida. State Board of Dentistry, 297 So. 2d 628 (Fla. 1st DCA 1974), cert. dismissed, 300 So. 2d 900 (Fla. 1974) (administrative bodies have no common-law powers; they are creatures of the legislature and what powers they have are limited to the statutes that create them.).

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280

RECEIVED

FE$. 2 2 2011

FLORIDA HOUSE OF REPRESENTATIVES

PAI.GE V. KREEGEL

BOARD OF COUNT\ COMMISSION

410 Taylor Street Puhtll Gorda, Floritla 33950

941-575-5820/Fax 941-575-S822

The Honorable Robert Solari

REPR£8ENTA TIVE, DISTIii CT #72

February 14, 2011

Indian River Board of County Commissioners 1 8-0 I 21th Street Vero Beach, FL 32960

Dear Commissioner Solari:

402 S. Moltroe St., 222 The Capitol Tallalmssee, Floritla .32399-1300

850-488-9175/Fax 888-544-0093

1 am writing on behalf of my constituent, Dr. Leslie Tar, regarding the $15,000 fine imposed upon him by the Indian River County Code Enforcement Board for a. dune vegetation violation (trimming Sea Grapes without a permit).

At the time of the violation, Dr. Tar was in Charlotte County and knew nothing aboi1t this action. He explained this at the hearing along with the fflct that the adjoining properties had also been trimmed without a periuit. In light of the circumstances Dr. Tar presented at the hearing, this fine of$15,000 is totally withont merit.

I understand, Commissioner Solari, that the County Commission can intervene on Dr. Tar's behalf to either negate or severely restrict this onerous fine. I certainly hope you and the rest of the Board will see fit to do so.

DISTRIBUTION LIST ,(ommissione« n.., .. ~2 ... Q __ _ Adminhirator 0J>f)'?<~~2:·-__

Allorney _ _fjf_ Community Dev. ,15,.D__, f:mrH(J. Services ~--·--,:;;r.crnl Service> ~···-~-· PVK:cbb

Paige V. Kreegel State Representative, District #72

·l:;m(J!l Resounes ·-·-1V~ri ~.--... ,v. _ ... ~~a,

?11hhc Works ·~·--·, ::1;c;eotio11 -----·· ·::;1,i!es Servirns ...

[email protected] ,:-htr ~•l_l Committees: Appropriations Committee (Vice-Chair), Health &-Human Services CommiUee; State Affairs Com1h~

ATTACHMENT 7 281


Bob Solari Chairman District 5

Gary C. Wheeler Vice Chairman

District 3

Leslie Tar, MD, MPH 22226 Westchester Blvd. Port Charlotte, FL 33952

Re: Code Enforcement Violation

Dear Dr. Tar:

February 24, 2011

Wesley S. Davis District 1

Joseph E. Flescher District 2

Peter D. O'Bryan District4

At its January meeting, the Indian River County Code Enforcement Board considered your dune vegetation destruction case. After finding that a violation of Chapter 932, C()ai;)al Management, of the County's land development regulations (LDRs) occurred, the-Qode Enforcement Board imposed a $15,000 fine and ordered lhat yoµ prepa~e .;i d4ne r~vegetation plan for the area where dune vegetation had :been' destroyed. ThEl fine amount and the restoration requirement are consistent with the penalties listed in Chapter 927, Tree Protection and Land Clearing, of the LDRs.

In this case, the dune vegetation dest_ruction was significant. While most of the destroyed vegetation consisted of mature Sea Grapes, other vegetation was also removed. Giveri the. extent of destroyed vegetation, the dead grasses, and the lack of new growth since the first staff site visit made in September, it appears that herbicide was also applied to the area of vegetation removal.

Evidently, at one point you indicated that a neighbor might have been responsible. However, no police report has been filed and certainly, based on the amount of damage to the property, one would expect that a homeowner would have notified the police.

Most residents in Indian River County understand the benefit and need of vegetation to help .control erosion. It is clear that our codes prohibit the type of severe cutting that took place on your property. As a landowner, you have responsibi!ity for your own property. At a minimum, this would include filing the proper reports with the. pqlice in a time[y mar111ef. ·

Building A 1801 • 2t• Street

Vero Beach, FL 32960-3388 Telephone: 772-226-1490 FAX: 772-770-5334

ATTACHMENT 8

282

Leslie Tar, MD, MPH February 24, 2011 Page Two

Going forward, you have two principal options to have the fine abated. The first option is to appeal the Code Enforcement Board's order finding violation and setting a fine. That appeal would be to circuit court and would need to be filed within thirty days of last week. Alternatively, you could request that the Board of County Commissioners reduce or rescind the fine. To pursue that option, you would need to submit a letter to County Administrator Joe Baird, making your request and providing justification for a proposed fine reduction.

At this point, Dr. Tar, you are welcome to pursue either option. I do believe that the Board of County Commissioners is responsive to all its residents, but we do balance this with the needs of our community as a whole.

Sincerely,

Bob Solari Chairman Board of County Commissioners, District 5

BS:mlp

283

March I, 2011

The Honorable Robe1t Solari Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960

Dear Commissioner Solari:

MAR O 4 2011

BOARD OF COUNTY COMMISSION

w,e_ itud cr6 fW

~ ~

Th_e rea_son for this co1111wmication is b~cause_ I had a visit yesterday from a constituent, Dr. Leslie Tar. Dr. Tar told me about the $15,000 fine imposed upon himself by the India11 River County Code Enforcement Board, for trimming Sea Grapes without a permit. He fmther explained that he was unaware of this violation as he was actually in Charlotte County when this trimming supposedly took place.

Dr. Tar explained this fact at the hearing of the Indiat\ River Cotmty Code Enforc.ement Board, plus he explained that the adjoiniiig properties had also been trhpmed. I feel these circumstances should have been taken into consideratio,1 at the hearing and someone should have done some further investigating to determine who actually trimmed the sea grapes. I feel this is an unfair fine imposed upon Dr. Tar.

As one County Commissioner to another, I am requesting your Board of County Commissioners intervene on Dr. Tar's behalf and negate the $15,000 fine imposed upon him.

Thank you for considering my request.

Sincerely,

Bob Starr, Chairman Charlotle County Boal'd of County Commissio11ers

BS/bss

cc: Indian River County Board of County Commissioners

11-27

18500 Murdock Circle, Suite 536 I Port Charlotte, FL 33948-1068 Phone: 941.743.1300 1 Fax: 941.743.1310

ATTACHMENT 9

284

The Allergy & Arthritis Treatment Center, uc. Rheumatology / Allergy /Occupational Medicine-clinical Immunology

Ph (941 )625-3402 Please send·a11 correspondences to 22226 WeSlchester Blvd, Port Charlotte,, FL 33952

Gary C, Wheeler County Commissioner District 3 1801 27th Street Vero Beach, FL 32960-3388 Phone (772)226-1433

Tuesday, March 0 1, 2011

Re: Code Enforcement Board oflndian Rjver County Order No: 2010090084 ·

Dear Commissioner Wheeler:

Fax (941)870-9195

:RECEIVED

MAR O 4 20\\


I am seeking your suppo1t t9 ove1turn the above brder ,·ei]uiring nieto pay a $15,000 fh,e for violation of a dune protection oi'dinance in reference to sea graprs cut down on my prope1ty. I live and work in Charlotte County bi1t I have ow1ied the Sl1bjectho1ile itr Vero Beach in excess of20 years. I was not a party to the ordinance infraction other than by the mere fact that I am an absentee owner in this residential community. Sea grape,~ are a bafrier agaitist oceanside wind, protecting my home and preventing beach erosion. I have good j-elatimis with my neighbors. However, they view sea grapes as an obstruction to ocean view. It is 1iot known who cut down the sea grapes behind my home. They were also cut down behind the ho1i1es of each ofmy immediate 11eighbors. However, I

I •

was the one fined.

Sea grapes are not a protected spedes, They gi·60, wild throughout Florida. While I appreciate the intent of the ordinance in protecting our beaches, I don't believe that the on:/inance was intended to punish absentee owners for acts that are beyond their control. The magnitude of this fine also discourages would-be purchase1/of a summer home to look in places other than Indian River County For instance, Charlotte Co111\ty has no similar ordinance. The imposition of this fine applied to my specific fact pattern serves no rntional public pm'pose.

Therefore, I ask you to review this matter and pla~e it on the agenda to vote upon with your peers. I look forward to meeting with you to discuss this matter fiuther.

Sincerely, ,,

.~ :' -, ---·....----/ • ·iVt (v- ( <;;:.--, ,_ ... \,._..,. ,~, - --

Leslie Tar, M.D., M.P.H.

ATTACHMENT 10

285

The Allergy & Arthritis Treatment Center, tLc.

Rheumafo/ogy /Allergy/Occupational Medicine-clinical immunology

Ph (941 )625-3402 Please s·enct all correspondences to 22226·Westche.ster Blvd, Pori Charlotte, Fl 33'95'2

Mr. Joe Baird County Administrator Indian River County 180 I 27th Street Vero Beach, FL 32960

Saturday, March 05, 2011

Re: Code Enforcement Violation-Order Case# 2010090084

Dear Mr. Baird:

Fax•.(941)870-9195

u-.• II 11.1 n

MAR 0.9,2011


I am contacting you rcquesting-i•e.~cis;ion 9t·r~d1ict10µ'<,:f;a$ f 5,000 f)i1e imposed on me as a result of the unauthorized c1\tting do\vi{ of' se~ grape.s. tlfiit occ11ii'ed on my prope1ty in Vero Beach.

I ask that you consider the follo'<''ing facts inym\r reVi<lw'.

1-1 am an absentee owner engaged _ih a three year. conunitment requiring me to provide 24 hr on-call service to Chadotte Regional Medical Center, Port Charlotte, 3 hours away from my Vero Beach home,

2-Ovcr the 20 year period that I have ownedthe Vero Beach home where the code violation occm,-ed. I have never cul down s~a gi:~pes ocean~ide ofmy home as they protect my home from wind and stonn. Cbt)seque11tly, t!\Gy had grpw1i to as high as 20 foet in height. On either side of me, my neighbors keep tlreir sea gi-apes at:four feet height My sea grapes obstrnct their ocean view, ''

3-As a result of my tlu·ee year contractual conunihpentwith Charlotte Regional Medical Center, I have not been to my Vero home. · · ·

4-On 1/18/11, I received a call from a neighbor in my conummity infom1ing me that there was a poster on my lawn indicating that I had a hearing set for 1/24/11 before the Code Enforcement Board relating to an ordinance violation. I made mrnngements for emergency coverage for my absence at Charlotte Regional Medical Center to attend the hearing,

5-1 infonnecl the Hearing Board of my circumstances and they foundn1e _in violation of section 927.17, applying a charge of$.15,00Q fortlleremove of fifteen (15)sea grape plants. (4) Any person who commits a violation_ specified in paragraph (1)(b) above shall be subject to a fine of one thousand dollars ($1,000.00), The removal, destruction, or killing of each protected tree under this chapter shall be consider_ed a separate offense.

ATTACHMENT 11

286

6-There was no showing that I commilted the violation. However, as the hp1d owner, the charge was levied upon me. I am also required to pay for an after the fact perinit and pay for remec!iation.

7-The code enforcetnent oftlcer stated that sea grape removal had also occ1med along the properties on either side of me, without a peJmit.

Discussion:

The plain reading of the above ordinance specifies that only a person ca.n violate it and that the penalty is applied to that person. In the ctin·entcase,Jhe Board identified.me as the land owner. However, it did not identify me as the.!'personNrho¢01blliitted" the violation. Until l was informed ofthis matter by my neigh\,or on 1/1,~/l I, Iwas'co1nplete\y111\aware oftlie event. AB a result ofoiy contractual co,mnitment, I have not ~e.eJ? to 1i1yIJon1e 1111~f!:cJp;)1ot anticipate being able to do so until the end of my tenns. I have enclosed a copy ofmy hi:lspital contract for your review.

I understand that land owners.are c&ai·ged ,vit\1 viof~iioi1$ that occur up011 it. i-Iowevet, it seems extremely ha:rsh to impose the fine against an absentee o,vner. Would the fine have been imposed upon a landowner soldier stationed in Afghanistan? Would it have been imposed on an out of state absentee owner?

I maintain my voter registration in Vero Beach and I intend to return to Vero Beach upon completion of my conunitment wilh Charlotte Regional Medical Cenler, lo practice medicine. I call upon an oft lost hmnan attribute, compassion/to reflect ph the totality of the circmnstances in this case to make your decision.

L slie Tm M.D., M.P.H. ' ,..,____ ...

Enclosure: Employment Contract betwee~ Leslie Tar and Charlotte Regional Medical Center

cc: Bob Solari, County Commissioner, District 5 I 80 1 27th Street Vero Beach, FL 3 2960

Joseph E. Flesher, County Conunissioner, District 2 Gary C. Wheeler, County Connnissioner, Dislrict 3 Wesley S. Davis, County Commissioner, District I Peter D. O'Brian, County Commissioner, District 4 Bob Staff, Chairman, County Commissioner, Charlotte County Paige V. Kreegel, State Representative, District #72 Debbie Mayfield, State Representative, District#80

287

PHYSICIAN RECRUITMENT AGREEMENT (USE IF PHYSICIAN WILL NOT JOIN A PHYSICIAN GROUP PRACTICE)

THIS PHYSICIAN RECRUITMENT AGREEMENT ("Agreement") is made as of AnEt!Sf. 11, 2008 between

Dr. Leslie tar ("you') and Punta Gorda, HMA Inc, d/b/a Chm-Iotte Regional Medical Center

("we" or "us"),

1. AGREEMENT TO RECRUIT. We are a general acute care hospital. You and we agree that we

have identified and documented a need for physicians who practice Rhenmatology (your

"Specialty") fn our service area. In order to fulfill the need for physicians of y,our specialty,

we have agreed to provide you certain financlal recruitment benefits. In exchange, you

have made certain commitments to us, Including your promise to practice your Specialty Full-Time (defined In section 6.1) in our Geographic Seivice Area. (yotir "New Practice"),

and to become a member of our medical staff Our "Geographic Service Area" means the

area composed of thes" zip codes:• 33950, 33982, 33955, 33983, 339521 33980, 33954,

34287, 34286, 33948, 3395.3,33981, 33954, 34223, 342:t4. All of the.rerms.and.cond!tlons

that you and we have agreed to regarding your recruitment are contained in tnis

Agreement.

2. IERM. You will start your New Practice on the Commencement Date, which will be no earlier than July 31, 2008 and no later than December 31, 2008,.The Agreement Will end

on· the Expiration-Date, whlch Is three years after the Commencement Date.

3. JO!NING A PHYSICIAN GROUP PRACTICE. You have told us that you won't Join a physician

group practice. You understand that if you were to Join a physician group practice. federal

law may require that the physician group practice sign your recruitment agreement Therefore, you won't Join a physician group practice unless you, we and the physician

group practice have signed an agreement. To 'Join" a physlcian group practice means

that, clurlna thP. trnn of this A9rnp:mf>:nt, you will hfl: a phY~!dan in thP physlci:::in group

practice, or you will be a member of the physician group practice. However, we won't

consider you to have Joined a physician group practice if you merely co-locate with the physician group practice (for example, by leasing office space from the physician group

practice).

PRA 2 - Pl t\'SICIAN RECRUITMENT AGREEMENT

(Use if Physician Wlll Not Join a Physician G1·oup Practice)

rev. Dec. 2007

Page 1

288

4. YOUR ACKNOWLEDGMENTS. You acknowledge or represent that:

4.1 Advice. You aren't relying on our advice or promises that aren't written in this

Agreement (nor the advice or promises of any of our employees or agents) when

making your decision to sign this Agreement. Also, you have had the opportunity

to get advice from your own lawyer and tax advisor.

4.2

4.3

No Assurance of Success. We haven't given you any assurance that your New

Practice will be successful. Also, we don't control the referral practices of the

physicians on- our medical -staff and so we haven't promised you tha! other

members of our medical staff will refer patients to you. You agree that you h,Ve

investigated us, our community and this practlce opportunity. You understand

that all of the commltments that we have made to you, and all of the

commitments you have made to us, are written In this Agreement.

Eligibility for Recruitment. You will satisfy at least one of these five requirements

(check the box .next to the subsection that applies to you, but don't check the box in subsection 4.3.4 if you have checked any of the other four 6-oxes):

4.3.1 Just before the Commencement Date, you practiced medicine

outside of our Geographic Service Area (your "Former Practice") and your

New Practice will be located in __ (name of city or county and state,

which is In our Geographic Service Area) or, If left blank, anywhere In

our Geographic service Area, and your New Practice will be at least z 5

miles from your Former Practice ..

4.3.2 D Just bcfo'rc. the Comm·cnccmcnt Date, you were u mcdicul

resident or fellow.

4.3.3 D As of the Commencement Date, you will have practiced

medicine for less than one year.

4.3.4 D Your New Practice is less than 25 miles from your Fonner

Practice, but your Former Practice wasn't within our Geographic Service

Area and your New Practice will be located in __ (name of city or county and state, which Is in our Geographic Service Area) or, if left

blank, anywhere in our Geographic Service Area, and at least 75% of the

professional services revenue. generated from your New Practice (Including revenue from hospital Inpatients) during the term of this

Agreement will be from "New Patients." A New Patient is a patient whom you didn't examine. or treat during the three-year period juS.t·before the

Commencement Date. If this is the only subsection that applies to you

(meaning that subsections 4.3.1, 4.3.2, 4.3.3 and 4.3.5 don't apply), then you will maintain and provide us with records to show that you

PRA 2 - Pt-tY5!CIAN RECRUITMENT AGREEMENT Page 2

(Use if Physician \Viii Not Join Physician Group Practice)

rev. Dec. 200 7

289

actually met this requirement. You and we have agreed that scliedule

4.3.4 explains why you reasonably expect that you will meH this

requirement during the first year of this Agreement, and how you will show us at the end of each year that you actually metthls requirement.

4.3.5 D During the entire two-year period just before the Commencement Date, yoll were employed on a full-time basis by one of

the following (and didn't maintain a private practice In addition to such full-time er'nployment): 1) a federal or state bureau of prisons (or

Similar entity operating one or more correctional facilities) to serve a

prison population; 2) the Department of Defense or Department of Veterans Attalrs to s·erve active or veteran military personnel and their

families; or, 3) a facility of the Indian Health Service to serve patients

who receive medical care exclusJvelY throuQh the Indian Health Serv.ice.

4.4 No Exclusion from Programs. You haven't been excluded from parJ:icipaJing in

any government-fU!ided hea.lth· care programs and .i.ren't; as far as you know, currently under investigation. You haven't done anything that may result in your

exclusion from any government-funded health care programs. You will

immediately let us know if you think that any government starts investigating

you for any reason related to your practice of medicine.

4.5 Ltt.ense to Practice· Medical Staff Men'ibetshin Except as vou have written on sche.dule 4.5:

4.5.1 you have never been reprimanded, sanctioned, or disciplined by any

medical licensing board, state medical society, health care facility or

medical specialty board;

4.5.2 your license to practice medicine has never been suspended, curtailed,

restricted, denied or revoked;

4.5.3 you have never been denied appolmment or reappointment ro the

medical staff of any hospital, nor has your medical staff membership or

clinical privileges at any hospital ever been suspended, curtailed,

restricted, denied or revoked; and,

PRA 2 - PHYSICIAN RECRUIThlENT AGREEMENT Page 3

(Use 1f Physician Will Not Join Physician Groll!) Practice) rev. Dec. 200 7

290

4.5.4 you aren't and haven't ever been subject t.o any disciplinary order, sanction or decree of any federal or state governmental agency arising

from your practice of medicine.

5. MUTUAL REPRESENTATIONS AND ACKNOWLEDGMENTS. You and w.e e.ach acknowledge:

'i. 1 No RP.ferral Re>Q11ire.ments. We>. rlo11 1t rPquln'I yoJJ th rMP.r p;i-tiP.!1ts to us in or<ln

to receive financial recruitment benefits because of this Agreement. You agree and acknow.ledge that the amounts we have agreed to pay under this Agreement aren't determined in a manner tl1at takes Into account (directly or indirectly) the volume or value of any actual or anticipated referrals by you to us.

5.2 No Restriction. You aren't prohibited from Joining the medical staff or referring

patients to any other hospital or medical provider.

5.3 Status. You aren•t our employee.

SA Subject to Ap11roval. Even if you and we have negotiated and agre,ed Oil the tefms of this Agreement, It Isn't binding on either you or us until it is signed by both you and our Chief Executive Officer. You shouldn't make any commitments (such as closing or resigning from your current medical practice, or buying a house) until and Unless you have- 1'eceivecl a fully-signed topy of this Agreement.

6. YOUR OBLIGATIONS. These are your obligations during the term of this Agreement:

6.1 Commencement and Continuation of Practice, You will start your New Practice on or before the Commencement Date and .. wilr rractice your Spfcialty on a "FullTltM" basis at least untiHhe ExpiraHofr bate.

6.2 Best Efforts. You will use your pest efforts to b.uild a quality, productive practice. You will be a part of our Emergency Department call rotation and will accept calls for unassigned patients from .our Emergency Department as required by our medical staff bylaws. You will aJSo accept referrals from other physicians. You

will negotiate managed care contracts in good faith.

6.3 £riyjk_W!£. You will apply for, receive and maintain Provisional Active or Active Medical Staff membership and appropriate clinical privileges at our hospital. You also will follow our hospital's rules, regulations, policies and medical staff

bylaws.

6.4 Ucensure. You will be fully licensed as a physician in the state in which our hospital is locate·d. You will maintain your reg•istration· to prescribe controlled

substances.

PR.A 2 - PHYSIClAN RECRUITMENT AGREEMENT Page ,1

(Use if Pliysician Will Not Join Phvsician Group Practice)

rev. Dec. 2007

291

Capitallzed terms in this Amendment will have the same meaning as they do in th€1

Agreement.

By signing below, you and we each acknowledge that we have read and that we understand and

accept the terrns of the Arnendrnent, and that when this Amendment Is fully signed and

approved it will become part of the Agreement,

PHYSICIAN

~~ Leslie Tar1 MD, MPH

-Pnnted Name

PRA 2 - PHYSICIAN RECRUITMENT AGREEMENT

(Use if Physician Will Not Join Physician Group Practice)

rev. Dec. 2007

H0°SPITAL

Chief Executive Officer

Tit e

Page 5

292


.-----------------------....&.L.&,;~~ .............. ~~ ............ .a.....&,;J.,j,.....,__,-12Al

The Allergy & Arthritis Treatment Center, 1Lc.

Rheumatology I Allergy /Occupational Medicine-clinical immunology

Ph (941 )625-3402 Please send all correspondences to 22226 Westchester Blvd, Port Charlotte, FL 33952

Thursday, :March 17, 2011

Mr. Roland :tvI. DeBlois Envirom11ent Planning + Code Enforcement Indian River County 1801 27th Street Vero Beach, FL 32960 Phone; Fax

Re: Staff repoti to be presented to Board of County Commissioners on 3/22/11

Dear Mr. DeBlois:

Fax (941)870-9195

Thank you for providing me with the staff report files to be presented on 3/22/11. Naturally, the minutes of the hearing included in this file are not a verbatim transcript of the hearing. Accordingly, they do not reflect the full am1y of discussion between myself and the tribunal, myself and Mr. Sobczak, Mr. Sobczak and the tribunal, and members of the tribunal with Mr. Coment, the attorney for the Board. Therefore, while they summarize elements of the proceeding, they are not a full accounting of the proceeding.

The minutes do reflect that a code violation occtmed. That code violation is one directed against a specific individual, the violator. There is nothing in the code that specifies that if the violator cannot be identified that the landowner is the violator by default The drafters of these codes lrnew the distinction between "the violator" and the "home owner" and if they meant the "home owner" they would have so specified. In contrast, there are other local enforcement codes that do specify that when a violation occurs, the landowner is to be charged. The code in this matter is not such a code.

Even ifwe go to sec 927.17(10), that specifically addresses the responsibility of the landowner, only a rebuttable presumption arises. This means that the drafters of the code recognized that there are circumstances where when a violation occurs, the property owner may not be the violator.

(10) Wrth respect to any violation of this chapter, the owner of the property on which the violation occurred is presumed to have undertaken, caused to be taken 1 or authorized the illegal activity. The owner may present evidence proving that the presumption is incorrect in their case.

A verbatim transcript of the hearing will show that there was no evidence produced by any witness indicating that the landowner in this case was the violator. Rather, all of the evidence, primarily

provided by me, indicates that I was not. Accordingly, the presumption that the landowner is responsible for the violation, under 927.17(10), is rebutted. It is rebutted because there was no evidence provided to the contrary. This is ,vhat an independent tribunal must find as a matter of law under the statute. Therefore, there is no legal basis for charging the landowner with the code violation in this case. Doing so would be a ,vrongfol application oflocal codes.

Kindly, place this final conununication in my file for the Board of County Commissioner to review in their Jvlarch 22, 2011 meeting.

Sincerely,

I ' •• -.•"_,..,,,....,.,,..4

!1/) (\,, ·- (::; .. --,, __ _

Leslie Tar, MD, MPH

2



The following items were added to the agenda by commission vote during the

meeting. Additional back‐up attached.

II

Board of County Commissioners March 22, 2011

i~

Comprehensive Plan Text

Amendment

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• E.9.fu:Y. 1.16: Development in a Mobile Home Rental Park Land Use designation shall be limited to the following:

• Mobile Home Residential Uses up to 8 units/acre

• Recreational Vehicle Uses U to 25% of allowed units within arks of less than 20 acres u to 8 units acre

• Recreation Uses up to 0.35 FAR

• Public Facilities up to 0.35 FAR

• Institutional Uses up to 0.35 FAR

lillZC and Staff 11."eOOmm.end th.at the Board of CouJill'\ly Commissioners

approve the request to amend . · Policy 1.16 of the FLUE for

tnmsmittal to DCA

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Future Land Use Element Policy 14.3 requires that one of four criteria be met to approve a comp plan mnendment.

• A mistake in the approved plan; • An oversight in the approved plan; • A s11/1s/11nli11/ c/11111gc in circ11111s/1111ces; or

• A swap or reconfiguration of land uses .:it separate sites

Bob Solari

Subject: Say no to Walee Date: Tuesday, March 1, 2011 7:01 AM From: Malcolm Reding <[email protected]> To: Bob Solari <[email protected]>

Tuesday, March 1, 2011 8:23 AM

\O.J\ .'3 . J-;;.:;_-1 1

My wife and I purchased a home In Arbor Trace, four years ago because we thought Indian River County was life In the slow lane. I guess we were wrong. The Zoning and Hearing board apparently have approved the Walee concrete recycling plant nearby, without taking Into consideration how it will impact the neighboring communities. It Is obvious to me that the members of the zoning board care nothing about the

residents In the area of this plant planned for the Jordan Sprinkler property or the polltlcal connections of the Jordan family reach deep into some pockets. But then, I am Just a cynic. To put this noisy, dusty environmental monster so close to residential neighborhoods smacks of; "follow the moneY"-especlally since the county landfill, which has adequate land available for such a project Is Just a mile or so away. Respectfully Malcolm Reding 4425 5th Lane SW Vero Beach, Fl 32968

Page 1 of 1

Bob Solari

Subject: Vote NO on Walee Date: Monday, February 28, 2011 6:44 PM From: Mary E Rippert <[email protected]> To: Bob Solari <[email protected]>

Dear Mr Solari,


Please vote no on the Walee project. We live in the Villas of Citrus Springs and are totally against the location for this project. Because of the noise, dust and traffic it will cause, this project will be devastating for our neighborhood. Please consider another location away from our homes which have already suffered devaluation. Mary Ellen and Ted Rippert 5520 Tangerine Mnr SW Vero Beach, Fl 32968

Page 1 of 1

7


Dear Indian River County Commissioners:

As a resident of Citrus Springs in Vero Beach, I have serious concerns regarding the recent decision of the Planning and Zoning Commission to allow the new recycling facility on Oslo Road just west of 58th Avenue. I am an advocate of recycling, but the decision to put a facility of this nature in a populated area is a recipe for disaster.

My first concern is the noise issue. A-1 Walee Recycling LLC's project engineer, Jodah Bittle indicates his business will be receiving its material "from trucks, which would spill their contents onto a concrete slab". How many decibels will the clatter of cement, wood, plastic, and glass make when it is dumped onto the slab? Facilities of the same nature document deliveries from semi-trucks an average of 20 times a day. Although senior Indian River County Planner John McCoy recommends allowing Walee to open their facility as long as they "limit its concrete-crushing and wood-mulching to 7 a.m. to 5 p.m. weekdays", there is apparently no restriction on the time that the semi-trucks will be dumping their goods.

Company owners Fernando Sartor and Beatrice Garcia plan to install wood shredding machines and equipment to form mulch. These industrial machines have been documented to create noise at an average of 111 decibels. Cement crushing machines average 95 decibels. While our homes are about 1200 yards away, the decibel level will be decreased to about 60 to 80 decibels. OSHA manuals say that hearing damage be gins at 85 decibels. While the owners of A-1 W alee state that they are only going to operate their machinery between the hours of 7 a.m. and 5 p.m., it is important to remember that a large portion of our community is retired and are at home for the day. Many people in our villages work the night shift. There are doctors, nurses, police, and fire fighters who rely on a fairly quiet environment to sleep during the day. The Michigan Mine Safety and Health Program determined that a noise dose of 60 decibels would be like listening to a loud conversation or piano practice ALLDAY long. I wonder if Fernando and Beatrice could stand this. I'm a night nurse in an intensive care unit, and I rely on my daytime sleep to make sound and safe decisions while caring for my open-heart surgery patients.

Another concern is the air pollution that A-1 Walee will produce. Project engineer Jodah Bittle concedes that piles of refuse "would be sprinkled regularly to fight dust and prevent fire". How effective will this be, and how is it going to smell? How are local residents going to survive the onslaught of mold and mildew spores in the air? Many members of our community are brittle asthmatics, and mold and spores in the air will cause severe brochospasms. OSHA manuals state that "cement dust is an irritant to eyes, nose, throat, and upper respiratory system". Skin contact even at a distance will cause irritation and "cracking of the skin". OSHA further warns "silica exposure from cement dust causes lung injury, silicosis, and lung cancer". While the owners of A-1 Walee will be at a comfortable distance in New York, I wonder if they would feel threatened in an environment containing spores and cement dust.

A huge issue will be pollution of our water and soil. The president of the Jordan Sprinkler Systems Inc., Billy Jordon, who sold A-1 Walee the land stated that "this is the perfect location for them". The immediate neighbors of this property are RESIDENTIAL and AGRICULTURAL communities. The presence of preservatives in scrap wood that will be shredded will be a great danger and pose a threat to the soil and the water of our area. Oil-borne preservatives such as creosote and

Page 1 of 2

pentachloropenol are dangerous, but somewhat recognizable on wood. We can only hope that A-1 Walee's 10 employees will be there and be smart enough to sort out the wood. A more profound danger will be the presence of water-borne preservatives on wood. These, on the other hand, are more difficult to detect. They include chromium, copper, boron, zinc, and ARSENIC. The Florida residential guidelines for treated wood commingled with untreated wood is less than 0.05% or one pound of arsenic treated wood per ton of wood processed. Compliance with the regulatory guidelines will be difficult. Studies done in 1996 showed that Florida recycling companies like W alee ranged from 6 to 30%. This question is still being addressed through the Florida Department of Environmental Protection in collaboration with studies being done by the University of Miami and the University of Florida. I wonder how local citrus grove owners and ranchers feel about the danger of poisons leaching into the soil and water table. Wouldn't it be prudent for the County Commission to insist that such a facility be located further away from populated communities and agricultural areas?

The U.S. Army's study done in 2007 showed that the diversion of concrete from construction and demolition debris often has embedded or adhered hazardous materials such as asbestos, mastics, adhesives, and paints. Since Walee will be using concrete from construction and demolition, this is a serious issue. The outcome of the Army's study suggests it may be more cost effective and SAFER to dispose of contaminated concrete in a landfill due to the risks to the environment. I have serious doubts that "sprinkling" water on the piles will effectively sequester the cement dust. If cement that is being crushed exposes our local residents to asbestos and silica, will A-1 Walee Recycling LLC be willing and able to help our community with financial and health support when we fall victim to silicosis, lung cancer, asbestosis, and mesothelioma? If the cement dust contains lead paint, will the owners be ready and willing to help our community with youngsters stricken with lead exposure?

My last concern is the financial impact of allowing A-1 Walee to set up their plant on Bill Jordan's former property. With the economic impact of the housing market crash, residents in our local communities have already endured a significant drop in the value of their homes. What additional impact will Walee have on the market value of our houses? Hopefully the real estate agents will only show homes at night when the shredder and cement crushing machines are not running. Hopefully the prospective buyers will not have pre-existing lung problems or children who may potentially be exposed to Walee's poisons. Hopefully prospective buyers won't be retired or night shift workers who will have to listen to the drone of Walee's shredders and crushers. In addition to the plight of the local home owners, how will Walee's environmental contamination impact local citrus growers' and ranchers' finances. Perhaps the citrus growers can market a new orange and call it Arsenic and Old Lace.

In summary, allowing A-1 Walee to be located in a residential and agricultural neighborhood is just NOT a smart decision. A plant of this nature has great merit, but only if it is placed further away from populated villages and farms.

Respectfully submitted, Dru Bowerman, RN

Page 2 of 2

Bob Solari Tuesday, March 1, 2011 10:59 AM

Subject: Walee Date: Tuesday, March 1, 2011 8:39 AM From: Belinda Ybarra Davis <[email protected]> To: Bob Solari <[email protected]>

3/1/2011 Commissioners:

NO WAY TO WALEE! Sneaky how this project has crept through the permit process and zoning without the public and south Vero residences knowing about it, until now. This is an area of Vero Beach that is growing and families are buying homes. Within a five mile radius, business and schools have been built to encourage residential activity. Given a chance Vero Beach could see a growth of home owners and taxes. A time of flourishing instead of foreclosures and school closing. Don't trip us on the way up. I'm one of those that protested the widening of 43rd, due to the unnecessary need and lack of traffic count. Is this the way the commissioners are getting their way? Make so much traffic with debris loaded trucks that we not only have to widen 43rd but Oslo and 58th. What are you thinking? This Walee project belongs in a commercial only zone and not next door to family homes. It is my understanding that Walee wanted to be close to the new Bio plant and the dump. Their plan site is much closer to homes than to the dump. There is plenty of property for sale closer to where they want to be and it would give more distance from homes and schools. I have a few more concerns that don't seem to be being address for the public, such as:

The usage of water for sprinkling the mounds of debris to keep down the dust, which is needed, but we have water shortages in all our wells in the surrounding communities this could impact us keeping our lawns looking green and maintained.

Safety during an emergency such as hurricane or tornado. What's going to keep the debris from flying through the air and causing major injury or destruction?

Environmental injury from the water runoff into the cannels adjacent to the site.

Environmental contamination from recycling of asbestos and leaded paint.

Page 1 of 2

I love my home and have accepted that the value has declined since we bought in 2008 but this Walee project so close to my home it could destroy any value and affect my living conditions. We had been considering buying a home for our children in the same neighborhood but now couldn't possibly put them in this predicament.

Please stop this nonsense and let us residential folks make a life in Vero Beach.

BeLinda Davis

4412 8th St. SW

Vero Beach, Fl 32968

Page 2 of 2

Bob Solari

Subject: Wanted to say hello. Date: Friday, March 4, 2011 9:40 PM From: [email protected] To: Bob Solari <[email protected]>

Hello Bob,

Monday, March 7, 2011 8:27 AM

D:lfr~(b,.+ ~'..ee-g,i!. ~

faa.d

I'm getting involved with concerned homeowners against the upcoming Walee project. You will be voting this on March 22. I don't think I need to get into why I don't want a recycling facility less than a mile from my home. There is alot of available property by the county landfill that would be in a much less populated area. I would certainly appreciate a NO vote on March 22.

Thank you for you attention to this matter.

Sheldon Lewis

Page 1 of 2

Jason E. Brown Director - Office of Management & Budget Indian River County Board of Commissioners 1801 27th Street Vero Beach, Fl 32960 (772) 226-1214 FAX(772)770-5331 [email protected]

From: Erik Olson Sent: Friday, February 25, 2011 11:49 AM To: Joe Baird Cc: Himanshu Mehta; Jason Brown; Bob Keating; Alan Polackwich Subject: A-I Walee

I just spoke with Todd Westover of Republic Services ( Treasure Coast) regarding his concerns of A-I Walee. He is very concerned about the financial ramifications that this business will have on Republic and the County.

Most recently, the County is receiving about 300 tons of C&D / week according to Todd. This number has, historically, been much higher when the construction industry was more active. The County charges $31.80 / ton for C&D debris that comes into the landfill. Even at a rate of 1200 tons/ month, this represents a revenue stream of $458,000 / year, not including franchise fees.

Republic charges the County $13.99 / ton to process C&D. At the minimal amount of 1200 tons/ month, this amounts to about $200,000 per year in revenue currently seen by Republic.

Todd has indicated that a similar facility in St. Lucie County can process the equivalent amount of C&D that the County currently receives. Todd believes that A-I Walee will undercut the County's C&D rate such that virtually all C&D material will now go to A-I Walee rather than the County. Hence, this could create a decrease in County revenue of nearly what is currently being received. Moreover, Todd is concerned that the $200,000 loss of Revenue seen by Republic will drastically affect his current business model.

Todd also expressed the concern that processing of the C&D waste by A-I Walee could, potentially, produce local contamination due to leachate formed by rainfall on the piles of debris waiting to be processed.

According to Todd, the surrounding neighbors plan to address the County commission on this project as well as Republic.

Page 2 of 3

Bob Solari

Subject: FW: A-1 Walee Date: Monday, February 28, 2011 9:49 AM From: Joe Baird <[email protected]> To: BCC - Board Members <[email protected]>

From: Jason Brown Sent: Friday, February 25, 2011 3:56 PM To: Erik Olson; Joe Baird Cc: Himanshu Mehta; Bob Keating; Alan Polackwich Subject: RE: A-I Walee

All,

Monday, February 28, 2011 10:33 AM

Please see the attached spreadsheet we have worked up showing the estimated impacts of A-1 Walee operations on SWDD. If we assume that they take 90% of the current C&D material and recycle 85% of what they take in, then the estimated loss to SWDD is about $260,000 at current levels. If development returns to a long range average, this impact could easily be $500,000 per year. Note, the $260,000 estimate assumes a reduction of over $200,000 that we currently pay to Treasure Coast (hence Todd's concern), as the revenue loss is more like $500,000.

Outside of the assessment revenues, C&D charges are the largest source of revenues for SWDD. The next largest revenue source is recycling revenue, which is currently about $400,000 per year ($1.4 million three years ago). If we move forward with the Fellsmere changes countywide, all of that revenue would be lost along with an additional +$2 million up front expenditure for 96 gallon carts.

My concern between these two issues, and the lack of any material gain on the INEOS deal is that SWDD could be left with NO ADDITIONAL REVENUES besides assessments. The A-1 Walee change alone would require an increase of $1.94 or 3.0% per household in the SWDD assessment. All together, these issues could require a much larger increase over the next few years (maybe 20-25%).

I think we need to be mindful of the ramifications of these changes and develop a plan to deal with them.

Page 1 of 3

Solid Waste Disposal District Proposed C&D Recycling Facility A-1 Walee

Tipping Fee per Cash flow Ton Applicable Tonnages

C&D Incoming Wastestream 2009/10

C&D Franchise Fees

Operating/Long Term Care Expenditures

C&D Anticipated Wastestream 111

A-1 Walee Incoming Wastestream 121

C&D Franchise Fees

Operating/Long Term Care Expenditures

$31.80

$1.80

$13.99

24,693

24,693

24,693

Subtotal° Current Agreement

$31.80

$31.80

$1.80

$13.99

4,939

2,963

7,902

7,902

Subtotal - A-1 Walee Facility

Total Net Revenue/(Expense)

11! C&D Wastestream is predicted to decrease 80% once A01 Walee facility is fully operational.

/zJ A-1 Walee facility is predicted to return 15% of ~astestream to SWDD for disposal.

Note: The anticipated revenue loss would equate to an icrease of $1.21 per Waste Generation Unit, and $1.94 per Equilavent Residential Unit. This revenue loss would also result in a decrease of $30,224 to the M.S. T. U. Franchise Fee revenue account.

C~~- ,) Ze~ e,e/ ~s,4

~ ~ L~, e ✓ ~ · fc-- ~ ~~ ?-·//.

Macintosh HD:Users:robert:Desktop:SWDD Proposed C&D and CRR changes.xlsx

$785,237

($44,447)

($345,455)

$395,335

$157,047

$94,228

($14,223)

($110,546)

$126,507

($268,828)

2/28/11

Solid Waste Disposal District CRR Tipping Fee per Ton FY 2010/11

Current Rate

Proposed Rate

Annual Tonnages

Annual Savings

Savings per Ton

Subtotal-Prorated Savings*

CRR Incoming

$11.50

$9.34

$2.16

55,000

$118,800

. $59,400

Total Prorated"Savings*

* Anticipated savings prorated for remaining fiscal year, April-September.

Macintosh HD:Users:robert:Desktop:SWDD Proposed C&D and CRR changes.xlsx

CRR Outgoing

$8.00

$5.15

$2.85

30,000

$85,500

$42,750

$f02,150

2/28/11


r-_____________________ --1..uw::AJ;i...L.Jll..liJXJ.AJ....1.J..JW\~- l2Al

The Allergy & Arthritis Treatment Center, uc. \....,/ R}ieumatology I AiTergy /Occupation-al Medicine-clinical imrriun.:.:6/ogy

L

Ph (941 )625-3402 Please send all correspondences to 22226 Westchester Blvd, Port Charlotte, FL 33952

Thursday, March 17; 2011

Mr. Roland M. DeBlois Environment Planning + Code Enforcement Indian River County 1801 27th Street Vero Beach, FL 32960 Phone; Fax

:i . ' ... ! ~.:. ·•

Re: Staff report to be presented to Bq_ar?, of Cou~ty Con~~§_i,_9ners on 3/22/11 .. . ,.; ... '··. 'i ..

J,,•-

Dear Mr. DeBlois:

Fax (941)870-9195 .

Thank you for providing m.e -~ith the 1

st;aft\epor(fi!k.s to be presented on 3/22/11. Natura~ly, the minutes of the he~ripg incl~cl~d in ~u~jfi't~ ;~re not'a·,v·erbatirn transcrip~ of the hearing. Accordmgly, they do not reflect the full U!T:,ty of d1s_guss1qn between myself and the tnbunal, myself

. " ' ., l .. and Mr. Sobczak, Mr. Sobczak and the tribunal~· aria nfombers of the tribunal with Mr. Coment, the attorney for the Board. Therefore, while ti1ey

0

spriii1.1~h~l ~le:~ents ofthci proceeding, they are not a foll accounting of the proceeding. · , ·: ;

1.

: : 1 ' '' .. ·l

'; ··11 ... j . ; . - )

The niinutes do reflect that a code violation occurred. That code violation is one . l ·• ..

directed against a specific individual, the violator. There i~ nothing in the code that specifies that if the violator cam1ot be identified that the la,ndowner is the vioiator by default. The drafters of these codes knew the distinction between "the violator" and the "honie owner" and if they meant the "home owner" they would have so specifi~d. In contrast, tl}ere are other local enforcement codes that do specify that when a violation occurs, the landowner is.to b!:) pharged. The code in this matter is

not such a code.

Even if we go to sec 927. wdo), that specifiqally addresses the responsibility of the landowner, only a rebuttable presumption 1'rises. This meai1s~\hat the drafters of the code recognized that there are circumstances where when a violation occurs, the property owner may not be the

violator.

(10) Wrth respect to any violation of this chapter, the owner of the property on which the violation occurred is presumed to h~ve undertaken, caused to be taken, or authorized the illegal activity. The owner may present evidence proving that the presumption is incorrect in their case.

A verbatim transcript of the hearing will show that there was no evidence produced by any witness indicating that the landowner in this case was the violator. Rather, aHofthe evidence, primarily

provided by me, indicates that I was not. Accordingly, the presumption that the landowner is responsible for the violation, under 927.17(10), is rebutted. It is rebutted because there was no evidence provided to the contrary. This is what an independent tribunal must find as a matter oflaw under the statute. Therefore, there is no legal basis for charging the landowner with the code violation in this case. Doing so would be a wrongful application oflocal codes.

Kindly, place this final conununication in my file for the Board of County Commissioner to review in their March 22, 2011 1i1eeting.

Sincerely,

Leslie Tar, MD, MPH

2

ii' ··.i iJ!~IE)J:;. ~}:j !_0J\\_/i_2j;f S 0\UlK/1.0.:t

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DISPOSAL AWAREN-ESS ,t JI.,

-~~ "'-<f'A <:._.; ,r

i;l,REE "SHARPS" \~OJNI NERS~''Al'vVays A<-w-qilable! ·,;,-.. •)H

,.,,'$HARPS'' is the medical term for hypodermic needles, syringes, lancets and · anything that is used to cut or penetrate the skin.

::,;,;..ua.~,;Ri~er County residents may visit the IRC Health Departme~~S,1~QJa'ti11, or one of the five omer;,C,qnyenience.•C~nters during normal operating hours to receiv'e a FREE new "SHARPS"

<;~R:ii1y;;niqr~ed'.fjlled,containers may also be dropped off at any of these locations. ·-~~ .... :·:.:.,,·. ': . . . . ·"'.", ... , . ' . ·.:·.

_ ~6Jtal~ers:inc::l~'de coffee cans and bleach bottles. When the µ'.";t··,::r,,$.L' .. · - . . · . . . . _ ,"· ·

s?f4f~ll,Jape the lid on it with duct tape and clearly mark the container wi,l:'i:; ,, .. --~~t~s,·~~-'·.: _ .. ·_ ,, ~~ .· : . · , _ r\.t"· ,,•-.

.i' A- \ $ '. .. '- \H·

,';,-. '!! .. \ f • Jln~diar}River County·Health Department

~ 1900 27th Street °'.'P.h.q,r)'e: (772) 794-7 440

:,r;~1cjm - 5pm Monday - Friday

f ",'J .. ll~dian River County Landfill 325 74th Ave SW, Vero Beach

·· pen 7am - 5pm 7 days a week

Roseland 7860 130th Street

Open 7 am - 6 pm Closed Tuesday & Wednesday

Fellsmere 12510 CR 510

Open 7 om - 6 pm Closed Wednesday & Thursday

Winter Beach 3955 65th Street

Open 7 om - 6 pm Closed Tuesday & Wednesday

Gifford 490l 4lstStreet

Open 7 am - 6 pm Closed Tuesday & Wednesday

Oslo 950 l st Place

Open 7 om - 6 pm Closed Wednesday & Thursday

";:~.,,_,jJ~'.

Exhibit 1 Slide of Concrete Crusher & Decibel Meter

Applicant

Displayed by Attorney Segal

ON FILE AS A DVD IN THE OFFICE OF THE CLERK TO THE BOARD

SOUND LEVEL ·r.EsT - CONCRETE RECYCLING IMPACT CRUSHING PLANT

N

BELOW

r--·-. ------

EXHIBIT 2 A 'r P L I (; ;;::;;:F

w_-t---1---~+d_b __ so-t-d-b_+--+---+--• ;.....-1----~o_d_b_+---lf---l---Tl_s_zd_b~~-E

\ '\

NOTE:

' '· '•-." ·-......_,,,

5

Eagle Crusher Porta~le Concrete Recycling Plant Impact Crusher.

Tests were taken using ~--~eneral Radio Company Sound Level Meter, Type 1565-B, A-Scale, Slow Button. Temperature 73°, sunny, clear, wind 10-15 MPH from N. W. Noise levels 400 feet from plant produced 58 db readings down wind and 50 db up wind from plant. Readings were taken without a windscreen attachment.

The owner of the plant reported that the plant has been operating 12 months without complaints from neighbors residing 400' from plant operation. We are optimistic that we will not have any noise problem that can't be resolved.

-··- - -·--------------- ---- ------ ·- ·-- -- --

Gunshot

F1rec.1aokers :.:.-~........:..· ..........__,:_~-------_________. Grain dryer

1 : :·_ ..

--'---'---'-'--~------"-'

Chain sav, ; · ·_·• · .. · .: :. _. , ... ;_}~::{'.:-, ~; . -· l Rocic band :_·_~- ·· .-- - . ; '. ·~ <~:_. :·. ~·- ... ]

C,rcu1a:r sav~~--- :_<.:: · .. · · <··,'.::):~_~::_· _;_d'.·:; :j Squealing .P'i8s. :· ·· ·• · .. _.:·. ·:;~/ __ />·::-_:··:•.····.•J

Tractor. in S:~:P:·{~litK.f~-:~~~'~¥) • Haoo drill :_·_ --~ . · .· . .,; -~_·

1

:~:·:J .. :.> ,: .j • Combine {full~tQtffe.~ ·1.'~::~~s~y).] • Table SBN, .. •.; ; ·. · .. ··:;·.:~·::~;-:·;·:·;, .· ,,?I I Tractor, v,it~_gcitoab, .. \>-)~_;o"••:; -~I I Con1b1ne {fu~l-thtot~.·/ih:~~~ 11 Tractor, enc1ose::retitf.;·~:~:~~·'(; ·;: -.j

Normal oonversatton . ·. .::?_· . .,j ~ ~-~' ~ 1 ~ ~ - ' ~ : ._, -

I 0 25 50 75 &5 HIO 125 150

dB

EXHIBIT _3_ A f PLI cAfl/r

061-0182ANF;;t Oil GROVES

CONCRETE/

I I I I

\I

\~ i\ I I I I I I I

WOOD CAROBOAAD l.iETAL BRICK PIJSTlCS

W>SJE NON-RECYCI.ABLE

'-'TER"'-

1.AAGE ITEM WASTE &

SORTING CONNECTOR

L SORTINGUNE HOPPER

(NOT PROPOSED ATTHISTit.lE}

\.ANDFlU- NON-RECYCI.ABLE _J_ f.lATERW. DISPOSAL

L l.AAGEIT£1t R£C'(ClABl£

"-'1ERIAI. TIPPING FlOOR

I SCALE/WEIGH

SiATION

OPERATIONS DIAGRAM

~~

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I I 1 I I l I I \ I \ I I I \ I JI

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I I I I ~l NOTINCl,JJDED I I .-.-+ I I I I I I I I •' I ,,,• I ii ii ii I I I l I I I I

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i,.iij·1·11-1111~1111~11~•-1~~~!=!!~1=!=!=, =m=c~ JIJ'l'M'a'8lffol I ,1'" l..,_l.,; • S8;41'0S"t t~ - - -- - -W/&'QPNllL~W• - - -- - -:~·~,·~l. -- - - -- ¥.;=;~oo

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OPENSP"-Cl:"11/0 "'°TTOIIEUSEOFO!l!,IOR,Ol.,E

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GRAPHIC SCALE

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1 ;n~ • 40 ft.

NOTE'-· "') ....U.PAAK11WsPACES•Tt1THEElCCEPTION OFT!itHANDiC,tJ>PE::>PARKINGSPACES

SHAU. BE t,IAR!(O) WHIT£, RElRO-RUl£CTIYE Tlll.fflC PAINT AND BE IN ACCORDANCE WllHlHEn~DADEPARTMENTCFTRANSPORTATIOO(f'DOT)STANDARD SPECl'ICATIONS fOII ROA!l "-NO 8RIOGE CONSTRUCTION, 2010, SECTION 710.

8) AU. HANOICAPP(D !'ARKIN!; SPACES SHAU. BE PRoPERLY SIGOIEO ANO STl!IPED IN ACCORDANCE WllH THE FOOT STANDARD INDEJl 17346. 2Q10 EDITION.

C) ,1,1..LCOMPACTSS"ActSSM"1..1.BEM1'RICEO"COMPACT°001HEStAU.OATIREST0P. D) lllllfllol\.lYC1.£ARZONESTANOAAOSINACCORDANCEW1TI,A~TQ"GREENBOOl<"NE£0TO

BE t,,IAINTAIN(O. AU. SOI.ID. NON-BREAKAWAY 08.LCT'S {GATE POST'S. COUJMNS. BOU.ARDS. STRECT UCH'!S. ETC.) AI..ONGSIDE INTERIOR STREETS ANO DIIMNG .oJS\.ES. SHALi. BE LOCATEDOViSIOETiiECI.EARZONE..fORSTREET'SANODRIVINGAISLESIIITHAOESIGM SPE[DCF2511PttORI..E'.SS.1HEMIMIMl/MCILIJIZONEIS2.5FEETFROMTHEfACEQf" THECUffEt(T'r'P(OOAr),OA6ITElfROMTHEEDGl:OfTH£TRAYEI.LANE.THIS APPUESTOPUBlXANOf>RIVATrPROPERTV.

TOTAL DAILY TRIP$· ITELonduN120.Gen..-o1Hearylndustrlol ~od - 6.0'; ""'" {,oo OI D<I-...IO$>mor,t) • 6.75 Tripo/"'-cr• - 54.l~ Del~ Tr1p. E><1&tln11-Tl,06lSF",1.~li'UPS/'!,OODSf•Z00111ylr1p1 N<otNu•-l4l,DollyTr1p•

REMAJN[)ER;TR-0.CT14 NOTINCIJJOED

~

EXISTING PA l;fJ.1£Nr/ASPHAL r/CONCR£. TO RD,IAIN

~ £XISTJNG BUILDING TO 8£ REMOVED, CONC'?ET£ SLAB TO REMAIN

- PROPOSED PA\£M£NT

~ PROPOSED MARL FOR l.::J STORACE AREAS

!1-l"IT

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SCALE 1 "=100'

Al W ALEE RECYCLING CENTER

AREA COVERAGE

• t"'l

~~ - td n ~ • ..., ~~

SCHULKE, BITTLE & STODDARD, L.L.C. CML & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMlmNG

CERTIFICATION OF AUTHORIZATION NO.: 00008668

1717 INDIAN RIVER BL VD .. SUITE 201 VERO BEACH. FLORIDA 32960 TEL 7721770-9622 FAX 772 I 770-9496 EMAIL [email protected]

ii

\I -~ ~- '~•~lr:~s; lv ·- :;/#•~~?,11:~I i t,c~i:;.. · 1i1r4•,:o':'l ·,, /2-'" · PROPOSED 4•. · I ,_,,"' · EIGHT

2

5 \'° • . .--. -- .,,.,.. - 1"'' A, ' /· . - ' ' .,/ N - i

,, •<'••--··--·1·--·~r = GRADE .,--. ;,.-;.· ··-- 1·. HIGH BERM. , .,;/ • \ . . . _,- , , c-· £ . 7[!.! .. ~, »,,,,, . . I ,<,,,,

, ,i ~D~l~~~i~i~;itl;r1~:1-:·;. rrn ·o.R. ,aooK113a1, ,Pc:-,2s1a;~

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i, '

' " ··-·· ~-·--·=· - ,, . .fa 'ts c:-:=~-"-,----~_:_~ ' l --- --- ... • __- -- - -·- -_ 1 ·~· ··:~:c ,---z~ ~ ,1";:__ ~- - ·- ----"- ---·------SCALE: 1:30 HORIZONTAL 1:15 VERTICAL

SECTION 'C'

sEc11ON C ,,,.,,., .,,,. -·--SOUTH PROPERTY LINE

Al W ALEE RECYCLING CENTER

LINE OF SIGHT

I SCHULKE, BITTLE & STODDARD, L.L.C.

I CIVIL & STRUCTURAL ENGINEERING · LAND PLANNING · ENVIRONMENTAL PERMITTING CERTIFICATION OF AUTHORIZATION NO.: 00008668

1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 FAX 772 / 770-9496 EMAIL [email protected]

• M :g ~ r- -- t::o ('J -•..., ~~

-------

,,...----·---·----

1

EXHIBIT 7 PPLrGC\r'1f

,·

(A)I J I- CJ - -Ol .....l -e-J: 0,

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00001 40 5.5

15

00001 40 3.3

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00001 40 2

00001 30 2.4

6 <

11

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14

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En BB": S l( i j

I---< 15

14 14

10 ~

, I

69 rn'::THST~ISW: I:::; > 3 3 14 I > < '

~--· - ---

EXHIBIT 9 A~P\.-lCP>~

Typical types of unacceptable waste materials at a C&D facility are listed below:

• oils • automobiles and parts

• tires • florescent lamps and ballasts

• paints • thermostats

• batteries • gas cans

• chemicals • drums

• chromated copper • household garbage arsenate ( CCA )-treated wood

• food wastes • septic tanks and grease traps

• white goods • liquids and sludges (appliances)

• regulated asbestos- • mattresses and rugs containing materials

• toxic and hazardous • street sweepings waste

• paper and cardboard not related to a construction or demolition debris site

Exhibit 10

Slide of Concrete Crusher Applicant

Displayed by Dart Morales, Certified Visions Emission Evaluator, Grove Scientific & Engineering Company, Orlando,

Florida

NOT PROVIDED

EXHIBIT / / APPLICANT

I

A-1 Walee Recycling Center

Demolition Debris Special Exception Use

Board of County Commissioners March 22, 2011

Comprehensive Plan

l Land Development Regulations/ Zoning

'

Site Plans, Special Exceptions

2

EXHIBIT \ --"--

COUNrY

3-22-.. ' \ tD.A.3.

Proposed Uses

• Recycling Center - collect and sort materials t9 be recycled: metals, plastics, cardboard, yard and landclearing vegetation (mulched) -Administrative Permit Use

• Demolition Debris Facility - process construction and demolition debris to be recycled: wood debris (mulched), concrete ( crushed)

• Incidental hazardous waste, tires, municipal solid waste separated and sent to landfill

• SWDD Issue: Certain activities may require a franchise agreement with Solid Waste Disposal District. 5

Location Map (west) 0 ·r I i ! -·····

I , .......

// ''-"

I 11 I ~

-

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If I , .. ·····I··········

··-··-·< ···•········ i > ,11••

I '! i!

ii 333Q1Q00001D14000001 0

I ll i !I .,., gn ST 5 .. . .. , .. . .......... ·-··-···-~

j [;J I 1;

! ----· I'

i ·•·•··········· •..

I 1 ................. : ....

---i ... . •3~s;r...~. , ......... .J

I County

0

I !J i I Landfill ; I

3

Vicinity Map (west)

4

Vicinity Map (east)

Surrounding Zoning

A-1

··1-l---A-l I J\-1

A-1I ~ !!lb! I ' --, . '

A-1 ! I ----,r~-- , A-1

,-.,:iiis)---..-"---~

A-1

···········J

A-1 A-1

I I

lJf, A-1

A-1

A-1

A-1 A-1

I

A-l-:n3g2000001otsooooo 1.0

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--. - .-~TH.·ST-5W:fOS40RD/····

ii ii

A-1 ]i A-1 ··:A-U A-1 , , A-1

! I

I 33392sopoo1001000002 o

5

Overall Site Aerial

Site Plan

~. u

11

12

6

Traffic Circulation

13

Stormwater

14

7

Landscape/ Buffering Plan

Compatibility Items

• No activities 5:00 pm - 7:00 am • No processing weekends • Noise: Limit hours of operation; limit hours

of processing (packet pg. 245) • All Time: must meet county noise LDRs:

decibel limits at property line • Dust: Dust control plan including sprinkling

and other measures, subject to DEP requirements

16

8

Compatibility Items

• Fire: maximum pile height of 25' with a minimum aisle width of 25'

• Environmental: No material shall be burned or buried on the site

• Setbacks: Increased setbacks provided to activity areas ( 60% open space)

• Buffers: Buffers are provided on all perimeters

• Lighting: SR60 corridor light shielding requirements applied

Other items

• 9th Street SW R/W set aside for future acquisition

17

• Sidewalk along Oslo Road frontage needs to be built or bonded prior to C.O.

18

J .. 2.2: \ I /O.A3 ·

9

• SPECIAL EXCEPTION USE

• Specific Land Use criteria for Demolition Debris Facility (see item, packet pp 229-230)

• No debris stored/buried within 30' of PL

• 8' opaque feature w/Type C buffer

• No burning without air curtain incinerator

• Required Health and jurisdictional permits

General review criteria for special exceptions (packet pg 244):

• Consistency with comp. plan and zoning

19

• Compatibility with surrounding uses: impacts on traffic, drainage, nuisance, lighting, appearance, area character

• Public health, safety, welfare [restrictions and conditions]

• Promote orderly development of the area

20

10

- ------~-~-- ----

Planning & Zoning Commission Action

At February 24th Meeting

• Approved recycling center administrative permit use subject to BCC approval of special exception request

• Recommended BCC approval of special exception request with conditions

Staff Recommendation

Recommend that the BCC grant special exception use approval for demolition debris facility with the conditions listed in the staff report.

21

22

11

Conditions Include: • Obtain determination on Solid Waste agreement • Construct Buffers, construct or bond sidewalk prior to

co. • Limit hours of Operation 5:00 pm to 7:00 am, no

processing (mulching or crushing) on Saturdays & Sundays.

• Limit stock pile heights to 25'. • Maintain minimum stockpile aisle width of 25'. • Prohibit materials being burned or buried on-site. • Use sprinkling and other dust control techniques • Meet LDR noise standards at all times

23

3~2."2-· I I \O.AJ ·

c()(.),-,fi E)(1'1~1t \ -- L~s, fAbe..

12

·":i , .. · · · · ··- MARCH- 20·~ · 2·0-ii-.~ •· · 1,-.~,:'r· +1~:jll_:~··2~~:::::_.'.~t::·~~~---:·: .~~~-·p"'· --~. i-;,· ...

~~~~:s~~~~~~~S C~~ISSION ~<Cl4f:~r:~~~a. n-7''' ~~~=

I I Ill ,. I ~

I I I l

VERO BEACH, FL 32960

GENTLEMEN: !PIHi (11'.l}.,~~i-~122 ... , IFb\}t{?.?_~ !$(52-J!.Sif.'.!._ WE REPRESENT THE FOLLOWING

PROPERTY OWNERS EITHER ADJACENT TO OR WITHIN ONE MILE OF THE PROPOSED "JORDAN-WALLEE" RECYCLE PLANT:

MATTHEW COLLIER 80 ACRES Adjacent wtth cattle BESSEMER PROPERTIES 18 .. ACRES Adjacent corner 66th st· GBR PROPERTIES 55 ACRES Bella Terra Residential Lots PERRONE BROTHERS 91ACRES TOTAL: 160 + AC.

ALL OF WHOM STRONGLY OBJECT TO THIS LOCATION FOR THAT USE. REASONS:

1) POLLUTION of Air, Water, Noise, ~raffle Congestion Un5.>i-ghtliness etc. etc.

~ - ~z ~ 2) aAV!g9ABILITY of Hundreds t::: c---11£ 01~t thousands of AG riilil :zor!i lands available, U o::::c:~~ or. directly across r-l ·.a;t< " c tANDF'IL-l,. · · = . ,, ... ' ,

• bo East an es of I-95

: 35

~ further away from the

': 36-

. ..;,·~,~·---•·--··

·~

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EXHIBIT .!j_/J.. COUNT'-/

3/20/2011 9:23 PM

EXHIBIT'1 R C,OU,-J-r'y

1 of 1 3/20/2011 9:20 PM

Florida Department of Environmental Protection

Februaiy 24,2011

By E-Mail [email protected]

Mr. Luisa Gai·cia A-1 Walee Recycling Center, LLC 4901 Bethel Creek Drive, Unit #F Vero Beach, FL 3296~

Central Dist1ict 3319 Maguire Boulevard, Suite 232

Orlando, Flo1ida 32803-3767

OCD-SW-11-053

Indian River County- SW WACS# 99425 Al Walee Recycling Facility, C&D Recycling-vVPF First Request for A4ditiqnal Information Permit Application No. SO31-0304551-001

Dear Mr. Garcia:

f'rJrvlfOSJT/: _L_ 1:'XHIBIT INTERVENOR

Rick Scott ";}, 7 ., . \ I C,ovemor ,.J L-£-. ·

Jennifer Cimoll Lt. Governor

Herschel T.Vinyard, Jr. Secretary

Jodah B. Bittle, P.E., of Schulke, Bittle & Stoddard, LLC submitted on your behalf, "Application for Permit for Al Walee Recycling Center, LLC, Vero Beach, Florida," to conshuct and operate a construction ai1d demolition debris (C&D) recycling facility .. It was datedJanuaiy 24, 2011 and received Jaima1y 25, 2011. We have assigned Permit No. 5031-0304551-001 to the application. The application is incomplete. Please provide the information listed on the attached sheet promptly. , Evaluation of your application will be delayed until all the requested infonuation has been received.

Purnuant to Section 120.60(2), Florida Statutes, the Department may deny an application, if the applicant, after receiving timely notice, fails to correct errors and omissions, or supply additional information within a reasonable pe1iod of time. Accordingly, please provide the additional information within 30 days of the date you receive this letter. Submit three copies of the requested information to the Deparhnent and reference the above permit application number in your correspondence.

Mi·. Luisa GaTcia Page #2 Feb1uaiy 24,2011

If you have any questions, please contact me at (407) 893-3328.

Sincerely,

F. TI1onIBs Lubozynski, P.E. Waste Program Adm.inish'ator

FTL/gc/ew

Enclosurn

cc: Jodah B. Bittle, P.E. - Schulke, Bittle & Stoddani, LLC [email protected]

..,

~fr. Luisa Garcia Page #3 Febmruy 24, 2011

Note that references to "Application" in the following text refer to DEP F01u1 62-701.900(4), F.A.C. and the supporting document "Operation Plan for A-1 Walee Recyding Center" and nine sh~ets of engineering drawings titled ".Construction Plans for A-1 Walee Recycling Center." These documents were submitted by Jodah B. Bittle, P.E., of Schulke, Bittle & Stoddru·d, LLC. They were dated January 24, 2011.

1. Not Used.

2. Proof of publication of Notice of Application was not provided in the application. As requested in Department of Envirorunental Protection letter OCD-SW-11-035, dated February 9, 2011, this has been accomplished. The proof of publication was provided on 2/16/2011. No further response necessary.

3. For Item A-13, DEP Form 62-701.900(4), provide the estimated conshuction and (

closing costs for the facility.

4. For Item B-1, DEP Fo1m 62-701.900(4), provide a descriptionof the solid waste that is proposed to be collected, stored, and processed by the facility, a projection of those waste types and quantities expected in future yeru·s, and the assumptions used to make the projections, Rule 62-701.710(2)(a), F.A.C.

5. For Item·B-2, DEP Fo1u1 62-701;900(4), the Site Plan - Sheet 4A must show total acreage of the site ru1d any other relevant features, such as water bodies or wetlands on or within 200 feet of the site and potable water wells on or within 500 feet of the site, Rule 62-701.710(2)(b), F.A.C. Provide the above features on the site plan; if none of the features exist within the distance limits, provide a cleru· statement of the fact in the application.

6. For Item B-3, DEP Form 62-701.900(4), if processing equipment is used, submit the maximum processing capabilities of available equipment and expected capabilities at which the equipment will be utilized.

7. For Item B-5, provide the capacity of any on-site storage ru·eas for recyclable wastes, unauthorized wastes, ru1.d residues, Rule 62-701.710(2)(e), F.A.C. Also, provide the maximum peii.od or maximum hold time that these wastes will be held in storage prior to disposal or recycling.

Mr. Luisa Garcia Page #4 Feb1uaiy 24, 2011

8. Rule 62-701.710(3)(c), F.A.C., :requires storage areas be designed to hold the expected volumes of materials. The application indicates 1,800 yds~/ day of C&D waste will be received and processed. It does not indicate the amounts (processed and unprocessed C&D materials, mate1ials ready to be recycled, unauthorized wastes, and residues) that can be stored throughout the building and outdoors. For example, what is the maximum amount of C&D Deb1·is that can be on the tipping floor (sorting area) at any one time? How much storage capacity is there for processed mate1ials and unauthorized waste? These quantities are necessaiy. The quantities are the basis for the closure cost estimate.

9. The clostffe cost estimate has not been approved. TI1e closure costs ai·e to be based on the worst case scenario (that is, maximum allowed invento1y of processed, unprocessed, and prohibited materials). The estimate must assume the closure is done by a third party. The costs must be given on a per unit basis. The source of the per unit basis estimates must be included. Based on the current cost estilnate, the volume of processed mate1ial stored does not even add up to the volume of waste received in a day. Also, since there is a potential for leachate to impact ground water, the requirements of Rule 62-701.710(6) and (10)(b), F.A.C. must be met for proper closure. Rule 62-701.710(10)(b), F.A.C., requires a contamination evaluation as part of its closure activities, and the continued operation of the ground water monitoring system if the evaluation indicates the potential for ground water contamination. Your estimate uses a two year period of monitoring for estimating the closure costs that is acceptable.

10. A financial mechanism must be funded in the amount of the sum of the total closure costs specified in the approved-cost estimate and accepted by the Depai·tment's Finai1eial Coordinator before this application can be deemed complete. Financial responsibility arrangements for the facility for the approved amounts are to be made with the Financial Coordinator, Solid Waste Section, MS-4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, and a copy of the approval letter submitted to:, Department of Environmental Protection, Central District, Solid Waste Section, 3319 Maguire Boulevai·d, Suite 232,, Orlando, Florida 32803-3767. You will not be able to resolve this issue until the closure cost estimate has been approved by the Central Dishict.

Mr. Luisa Garcia Page #5 Februaiy 24, 2011

Comments about the Operation Plan:

11. Section 1.0 of the Operation Plan: a. It is implied that Class I and Class III waste will be brought to the facility

intentionally. The Operation Plan must clearly state that any load of waste that has more than a de minintus (ve1y small) amount of Class I or Class III waste must be rejected. TI1e Operation Plan does state that the small amounts of Class I and Class III waste that is found to be commingled with C&D waste wiirbe removed for proper disposal.

b. It is also in~dicated that concrete crushing will be done at the facility. Either state that the facility will obtain the required air pem1itfor concrete crushing or the facility will,ensure that a mobile concrete crushing company who does the crushing on site has the required air pe1nut. · '

12. Section 2.0 of the Operation Plan: a. In Item 6 of section 2.0 the term "existing lake" is used. Is that a naturnl lake,or

was that constructed as a pai't of the stormwater treatment system for the previous Inigation Supply Company?

b. In Item 6 of section 2.0 the term "new wet detention-lake" is used. Is·it a "lake," or is it part of U1e ecygineered sto1n1water collection and treatment system?

c. Have you submitted a permit application for U1e storrnwater system? If yes, please provide a copy.· If not, when will it be submitted? ·

d; 1 The proposed sto1n1water detention pond on the east side of the property has an over How pipe that discharges to the east (Sheet 4a, Site Plan). TI-rere are storage areas shown on the marl atea that ai·e labeled "raw C&D" and "residuals" (Sheet 4b). The names for the stored materials indicate these ai·e wasfe materials. TI1ese waste storage areas ai·e within 200 feet of a water body. How does this not violate the prohibition in Rule 62-701.300(2)(e), F.A.C.? If it does Violate that prohibition, what permanent leachate control methods will result in compliai1Ce with water quality standards and c1iteria?

e. Item (2) (b) of section 2.0 states, "A well suTvey was perfonned [ sic J to locate existing water supply wells within 500 feet of the proposed facility."

1. How was the survey performed? ii. Did you look for all potable water wells (including any well for a single

family residence) or just "water supply wells"? iii. What were the results of the well survey?

Mr. Luisa Garcia Page #6 February 24,2011

f. Item (12) of Section 2.0 states that "yard waste(' is unacceptabl~ waste at the site. However, the definition of "yard trash" (aka "yard waste") includes frees, free remains, and tree stumps. Section 1.0 states that free remains and trees will be accepted at the facility. Please clarify in Section 2 and other places in the Operation Plan, a_s applicable, what types of yard h·ash (for example, only free hunks, h·ee remains that may have branches and leaves, tree stumps, etc.) "Will be

· accepted and which types "Will not be accepted (for example, no grass). g. Section 2.2 states, "the site is located within a special.Hood hazard area

inundated by the 100-year flood. The base Hood elevation is 22.0'." Waste processing facilities are not prohibited from being located in the 100-year Hoodplain. However, the base of the marl area is below 22 feet. What design and or operation procedures will be used to ensure waste mate1ials stored in the marl arna are not affected by a 100-year flood? ·

13. The second parngraph of Section 3.2 of the Operation Plan: a. The paragraph states, "The C&D Debris loads are directed to tipping area where

recyclable materials are sorted from the loads and h'ansferred to the appropriate storage area, see Site Plan in Attachment." The attachlnent was not provided. TI1e attacl1ment needs be included in the Operation Pla1i. Sheet 4b, Operations Plan, does not have an area designated as "tipping area." Where is the tipping area?

b. The words "suitable time pe1iod" are used. Instead of vague wording, the specific time periods should be stated, for example, "putrescible waste cannot be stored longer than 48 hours" (Rule 62-701.730(6), F.A.C.

c .. The last sentence of Section 3.2 of the Operation Plan seems to be missing the words "disposal facility" at the end.

14. Section 3.4 of the Operation r1an: a. The first lines of the section seem to be repeatingdhemselves. b. The last paragraph in Section 3.4 of the Operation Plan states, "The following

facilities _are utilized for disposal of Class I, Class III or non-recyclable C&D mate1ials." The names of the facilities were not provided. Include the rnunes of the facilities. (Four paragraphs earlier, you state all of the Class I, Class III, and reject C&D would be taken to Indian River County Landfill.)

Mr. Luisa Garcia Page #7 Feb1uary 24,2011

15. Section 3.5 of the Operation Plan: a. Section 3.5.1 states the facility will be open every day from 7 am to 5pm (that is,

10 hours each day). However, the identified staff members include only one trained spotter and trained operator. How will you be able to meet the requirements of Rule 62-701.710(4)(c) and (d), F.A.C. which require h·ained operators and spotters to be present whenever the facility is operating?

b. In the Operations Plan, Section 3.5.1.2 - Sorting Operations in the Operation Plan refers to an attaclm1ent. What is that attachment? The attachment must be included in the Operation Plan, not as a separate submittal to the application.

c. The second paragraph of Section 3.5.1.3 states," A visual inspection of the wood materials will be perfonned to look for signs of pressure treated wood, creosote coated wood, etc. Any visibly treated wood or painted wood will be placed in a reject container for off-site disposal." This does not meet the requirement for a CCA Treated ·Wood Management Plan as required by Rule 62-701.730(20), F.A.C. The plan shall be designed to minimize the amount of CCA treated wood that is delivered to the facility, and must describe procedures the operator will use to make a reasonable effort to separate any CC.A treated wood from other wastes at the facility. CCA h·eated wood that is separated from other wastes at the facility shall not be disposed of at an unlined solid waste disposal facility.

d. Section 3.5.2 indicates a person could be considered a certified operator based on years of experience. That is not coITect .. Both operators and spotters must receive and pass formal h·aining. Then they must do continuing education to retain their certification. (See the comments about the training plan requirements #21 below.)

e. Is the facility manager the "operator" (as that te1m is used in Chapter 62-701, F.A.C.)? Section 3.5.2 states, "In the absence of the Facility Manager, duties and responsibilities of the Facility [Manager] will be performed by the Spotter." The spotter cannot be the "operator" unless the spotter is a trained and certified operator.

16. Section 3.6 of the Operation Plan: a. The first sentence indicates the Site Plan is an attachment to the Operation Plan.

It was not attached. It must be included. Is Sheet 4b, Operations Plan, the drawing that is supposed to be attached to the Operation Plan?

Mr. Luisa Garcia Page #8 Feb1uru.y 24,2011

b. On Sheet 4b only the new concrete ru.·ea (8,000 SF or 0.18 acres) is labeled "Processing Area." However, Section 3.6 states the processing area is 3.7 acres. Please submit a new drawing that clearly shows the processing ru.·ea, the tipping area, and all other specific work areas.

17. Section 3.8 of the Operation Plan: The last portion is not a complete sentence.

18. In the Operation Plru.1, in Section 3.9 - Emergency and Contingency Plan, provide a list of names and telephone numbers of personnel who would be expected to report to the facility or make decisions about facility operations during an emergency. Also include the DEP - Central District Receptionist Phone No. 407-894-7555 ru.1d the Solid Waste Section Phone No. 407-893-3328 in your emergency contact list.

19. In the Operation Plan, in Section 3.9.4 - Fire, include a statement that the DEP -Central District will be contacted within 24 hom·s of a fire. Also;-a letter must be sent to the Department within 5 days explaining the cause of the fire and actions that will be taken to prevent a recmTence.

20. In the Operations Plan, in Section 3.9.7 - Hunicane Preparedness-Plan: a. The following are questions the plan should also answer:

1. Since waste will be left outside the building, how will it be secured to ensure it does not become a hazard?

ii. Will processed materials that cru.1 be recycled be left at the facility, either on the ground, in hucks, or other containers outside the building? If mat~rial is left outside the building, how will it be secured to enstll'e it does not become a hazard?

b. The last sentence says "pennit" instead of "permit." Also, it mentions a notification to the Division. Who is the Division?

21. In the Operations Plan, in Section 3.10 - Hiring and Training Program: a. What h·ailung will be accomplished il1-house. The fo·st sentence implies the

h·ailung would be sufficient to become a certified operator or spotter. Is that what you meru.1t?

Mr. Luisa Garcia Page #9 February 24, 2011

b. Submit a Training Plan in accordance with Rule 62-701.320(15), F.A.C. To ensure that the facility will meet the requirements of Rule 62-701.320(15), F.A.C., submit a Training Plan containing documentation that the facility has an adequate number of trained operators and spotters, proof of their-most recent operator

. and/ or spotter training, and a schedule for fuhlfe training. The Training Plan shall include but not be limited to the following. (Some items were included in Section 3.10.)

i. Copies of training certificates for persons who are afready trained. (If no one has received the training yet, when will they attend? What course will they attend?)

ii. A list and schedule of all classes to be attended by operators and spotters. iii. A list of.operators and spotters scheduled for training. iv. A mechanism for providing proof of training. v. AcknowJedgemenf that all training courses, whether public or in-house,

shall be approved by the Department in accoi'dance with Section 403.716, F.S., and that a third party must administer any examination required by this sub-section for an in-house operator-training·prograni.

vi. Acknowledgement that any other in-house operator:.training program must be ad.ministered by a trained operator, and that the Training Plan, along with records documenting how the Training Plan is being implemented, shall be kept at the Facility at all times and be made available for inspection by Deparhnent staff.

22. Section 3.11 of the Operation Plan: This section incorrectly states the 200 foot setback applies only to the processing area. No waste may be stored or processed within 200 feet of any natural or artificial body of water (Rule 62-701.300(2)(e), F.A.C.).

23. Section 3 of the Operation Plan should also include sections on the following topics: a. Include a section stating the procedures that will be followed if a "hot load"

of waste is identified at the facility. b. Dust control - How will fugitive emissions be controlled. during normal

business hours? ; c. Litter Control - What procedures will be implemented to control litter? Since

the waste will be stored outside, how will wind- blown litter be conb·olled? d. Vector Conh·ol - What measure will be taken to conh·ol vectors?

Mr. Luisa Garcia Page #10 Feb1uaiy 24,2011

24. Submit a revised Operation Plan that addresses all of the above comments.

25. Section 4.0, Closure Plan of the Operation Plan. There is nd requirement to submit an "application for closure conshuction." · Since there is a potential for leachate to impact ground water, the requirements of Rule 62-701.710(6) and (10)(b), F.A.C. must be met for proper closure.

26. Leachate Control Systems: The description of operations (Section 3) indicates waste will be processed and stored outdoors. The tipping area and waste processing areas are on concrete. The waste storage areas are shown on the marl area, labeled "raw C&D," "fines," and "residuals" (sheet 4b)which indicates waste materials. Stormwater that touches waste is considered leachate·. The proposed facility design-does not have a leachate conh'ol system to avoid mixing of lead1ate with stormwater. Therefore, as required by Rule 62-701.710(10)(b), F.A.C., the site must have a ground water monitoring system which meets the requirements of paragraph 62-701.730(4)(b), F.A.C.

Rule 62-701.710(10)(1'), F.A.C. (b) Waste processhig facilities that accept only construction and demolition

debris are exernptfrom the requirement to provide a leachate control system. set.forth in paragraph (3)([J) of this section, provided that all areas where waste is stored qr,processed are covered by a ground water monitoring system which nieets the requirements of paragraph 62-701.730(4)([J), F.A.C.

The proposed ground water monitoring plan does not meet the•rE;quirernents of Rule 62-701.730(4)(b), F.A.C. The proposed facility design is not acceptable because:

..

a. Any leachate (that is, stom1water that has contacted waste mate1ials) from the marl storage area that_ does lJ.Qt peneh·ate to the ground water is directed to the eastern stormwater pond. That pond is designed to discharge off-site.

i. No ground water and surface water monitoring is proposed for either the pond or the adjacent ditcJ::ies.

ii. Because site-specific conditions could reasonably be expected to result in contaminants entering a surface water body, the monitoring plan must include surface water sampling.

Mr. Luisa GaTcia Page #11 Feb1uary 24,2011

b. In the processing area, Section 3.7 of the submittal states: "The concrete area used for processing is graded to an: inlet at the north end of the area. This inlet is connected to a 5,000 gallon t~ with chambers to collect the first flush of leachate. The tank discharges into a dry retention system that will have groundwater monito1ing." i. All of the leachate (that is, stormwater that has contacted waste materials)

must be accounted for, not just the "first flush". ii. There needs_ to be a minimum of 3 monito1ing wells. The cuffent plan only

has one monitoring well. It is not clear if this monito1ing well is appropriately located so that it could be a pai·t of a grnund water monitoring system.

c. See additional.comments #29 below about Sheet 4a, Site Plan.

27. Revise the ground wate1: monitoring plan to include, but not be limited to: a. All areas where waste will be stored or processed shall be covered by the ground

water monito1ing system 'which meets the requirements of paragraph 62-701.730(4)(b), F.A.C. .

b. A mini.mum of one upgradient•and two downgradient wells is required.for the areas where waste will be stored or processed, per 62-701.730(4)(b)3., F.A.C.

c. Detection wells shall be sampled and analyzed at least semi-aimually for the following parameters per 62-701.730(4)(b)4., F.A.C.:

Field Parameters ., Laboratory Parameters 1. pH 1. Aluminum 2. Turbidity 2. 0-tlorides 3. Temperature 3. Nitrate 4. Specific conductivity 4. Sulfate 5. Dissolved oxygen 5. Total dissolved solids 6. \,Yater elevations 6. Iron 7. Colors and sheens (by observation) 7. Sodium

8. Arsenic ,9, Cadnuum 10. Orromium 11. Lead

. 12'. Mercury 13. Total ammonia -N

· 14. Xvlenes 15. Those parameters listed in EPA Methods

601 and 602

Mr. Luisa Garcia Page #12 Feb1uary 24,2011

d. Because site-specific conditions sould reasonably expect contaminants entering a surface water body, surface water sampling will be required for the facility per 62-701.730(4)(b)2., F.A.C. Propose a location for the surface water sample to be taken. Surface water shall l;>e sampled and analyzed at least semi-annually for the following parameters. 62-701.510(8)(b)., F.A.C.:

Field parameter-s Laboratorv parameters 1. Specific conductivity. 1. Unionized ammonia 2. pH 2. Total hardness (as mg/L CaC03) 3. Dissolved oxygen 3. Biochemical oxygen demand (BODS) 4. Turbidity 4. Iron 5. Temperahu·e 5. Mercury 6. Colors and sheens (by observation) 6. Nitrate

7. Total dissolved·solids (TDS) 8. Total organic carbon (T0C) Q. Fecal coliform 10. Total phosJ?horus (as mg/LP) 11. Ouorophyll A 12. Total nitrogen 13. O1emical oxygen demand (COD) 14: Total suspended solids (TSS) '

15. Those parameters listed in 40 CFR Part 258 Appendix I

28. Revise ground water monitoring closure activities to be consistent with Rule 62-701. 710(10)(b ), F.A.C. That is, perform a contamination evaluation as part of closure activities, and continue to operate the ground water monitoring system if the evaluation indicates the potential for ground water contamination.

29. Sheet 4a, Site Plan: a. In areas where the existing concrete will stay, there are existing "catch basins"

and "yai·d drains." One catch basin in the new concrete ai·ea does not seem to drain anywhere. There is a faint line that may indicate the most northe1n yai·d drain goes to one of the catch basins in the new concrete arna. Revise the drawing to cleai·ly shtJw where all of these drain to.

b. The pond north of the concrete ai·ea receives leachate that has passed through a 5,000 gallon concrete-walled tank. The note indicates the design criteria used to size the pond.

Mr. Luisa Garcia Page #13 February 24,2011

1. TI1e design calculations used the 8,000 SF (0.18 acres), which is the area of new concrete. However, all of U1e concrete area will drain towards the 5,000 gallon tank and then into the pond. Section 3.6 of fue Operation Plan states the processing area is 3.7 acres. Why was only 0.18 acres used for the design calculation?

ii. Why was the 25-year stonn used instead of the 100-year stom1 (about 11.2 inches). Was the design concept to not have any leachate sheet flow off the property?

c. The 5,000 gallon concrete-walled tank does not have any details on Sheet 4a.

i. How will the seams be sealed? How will they be tested? ii. What is the reason 5,000 gallon volume was selected? iii. What is the depth, width, and length of the tank? What is the bottom

elevation of ilie inside of.the tank? iv. What is the elevation of the pipe leaving U1e tank? v. What volume ofwa:te1; will be in the tank before it begins to discharge to

the "d1y" pond. vi. Does it discharge directly into the" dry" pond?

d. What are the design details forthe catch basins that drain to tank? e. Was this leachate collection system also included in any stormwater pe1mit

application? Will it be? f. Why was the proposed monitoring well placed where it was placed? g. What are the design details for the miter end of the pipe between the tank and

the pond? h. When the leachate enters· the dry pond what happens to it? If it seeps into the

ground, why is a ground water monitoring plan that meets the requirements of Rule 62-701.730(4)(b), F.A.C not proposed?

1. What are the proposed construction details for the proposed monitoring well? What is the design based on?

J· If there are any on-site wells (potable and/ or non-potaple), they must be shown on the Site Plan. If there ai·e no on-site wells, specifically state ·that there ai·e no on-site wells per Rule 62-701.710(2)(:b), F.A.C. ·

k. Revise and resubmit the_ site plan (Sheet 4a). If necessary to clearly depict all of the infom1ation submit additional drawings (for example, a drawing of all stonnwater and leachate collection piping, as well as, catch basins).

Florida Department of Environmental Protection

Schulke, Bittle and Stoddard, LLC 1717 Indian River Boulevard Suite 201 Vero Beach, Florida 32960

Attn: JodahB Bittle, P.E.

Centrnl District 3319 Maguire Boulevard, Suite 232

Orlando, Florida 32803-3767

Febiuary 24, 2011

Indian River Cotmty - ERP Al Walee Recycling File Number: 31-0304550-001

Dear Mr. Bittle:

Rick Scott Governor

Jennifer Catrnll Lt. Governor

Herschel T. Vinyard. Jr. Secretary

The Department of Environmental Protection (DEP) has received the application for an Environmental Resource Permit. The information requested below is required to sufficiently review the application, pursuant to Chapters 373 and 403, Florida Statutes, and Florida Administrative Code (F.A.C.) C:hapters 62-4, 62-302, 62-330, 62-343, and 40C-42.

1. Please provide a copy of the agreement _or authorization between Al Walee Recycling and the land owner for development of the land as a recycling facility.

2. Will the facility be fenced? Please explain how public access to the stormwater h'eatment system will be restricted.

3. It appears that a geotedmical investigation was not don~ at this site. Please explain in detail how the no1n1al groundwater elevation and the conh'ol elevation for the proposed wet detention system were determined.

4. How were the tailwater elevations detennined? Please explain in detail.

5. On page 3 of the report for the stormwater management system, there are errors in the calculation of required water quality h·eahnent volume. For wet detention systems there is no requirement to add additional volume for online systems. Please review and revise the calculations.

6. On page 5 of the repmt for the sfotTilw~ter inanagement system, there is an eITor in the calculation of required perm.anent pool volt.tme. For systems that dischai·ge to atl

Outstanding Florida Water, as this one does, an additional 50% of the applicable permanent pool volmne must be provided.·· P,lease review and revise the calculations for permanent pool volume, maximmn depth and inean_depth.

7. The proposed orifice appears too lai·ge to meet the requirement to discharge no more than half the required water quality h·eatment volume between 24 and 30 hours after a storm event. The driving head above the orifice should be based on the height to the

,,w,1·.dep.statejl.11s

Al W alee Recycling File No. 31-0304550-001 Page 3 of 3

Any application, which has not been technically completed within 90 days from the date of receipt of a request for additional information by the Deparhnent, may be denied. In order to expedite the review of your application, use the application file number 31-0304550-001 on all conespondence, and submit one copy of all requested information.

U you have questions, please do not hesitate to contact me at 407 /893-7874, or by email at [email protected].

Cc: Luisa Garcia, ([email protected])

Sincerely,

~d~ Debra Laisure, P.E. Manager of Engineering Support Submerged Lands and Environmental Resources Program

Enclosure: Letter OCD-SW-11-053, dated Februruy 24, 2011

PERMIT DATA FORM CHECK If NEW: _L MOD~ENEWAL_ SITE WAFR #AIR#_·---,--~-

SITE/WAFER/FACILITY NAME:ti:--/ t{J~ ~ ~ PROJECT NAME: __________________ _

DESC: _________________ _

TYPE CODE: SQ SUBCODE: 3()

PROCESSOR: ~ WACS# &f 'f L,..2 5

CHECK IF GP_ EXEMPT_ NPDES _

CORRECT FEE: I/, ) 0 oc -.

AMOUNT RCV'D: ~CJt::>t? -

AMOUNT-REFUND: ____ _ MONIES DUE: _____ _

RED_ YELLOW_ GREEN_ NO PERIVllT REQ __

HISTORY SHEET

SITE/WAFR/AIR#p-CJoK.s:57-t)O/ TYPE~- SUBTYPE.:.3~ . .

!i::::AFRJ~ JJ-t LO,aLUc 4½ ~ PROJECT

.NAME:. __ ____,,__ __________ _;__ ___ _

TIME TIME TOTAL POSITION DATE BEGIN END TIME- .·coMMENTS TITLE

m&%tl ~RP.n JI .I\! ?, ·7 20 1 ~ L,f/,fs -

-·

' • ..

.

I • ";I 'I ·.1;•, '.-l:i:( ~i':, •:;_~1:• ;· .)::·: . [•, '•''':: _ _';1; ,;·;,,.,;_1::1: ,', .:i~ f, .'·.(:.;/!( ,: , 'I;;,;, lj ,-'.·,. :,it•'' • . .': •~'." ••j

SCHULKE, BITTLE & STODDARD, LLC SEACOAST NATIONAL BANK

1206 US HIGHWAY 1 VERO BEAC_H, FL 32980

9218

1717 Indian River Blvd., Suite 201 Vero Beach, FL 32960

~-:,~~~: i=: b El> ·· 1 /z4 / 11 :Jwo .\hou~01lcl cto11m :i ~ s ·z.,ooo.Q:?

83-515/0870

DOLLARS

~ wn~~~<i<I~ ~wl,~Qftcw .\'fe-"111 -----~.,,,.

·: __ ::i,J: :?·;_: .. ;\ii:: ,., 1,1, ,' ';_/,_(::~• i:;.--.,~1 ::~·r:1::":"-, · ·:;.);:°: ~-: ,_, ;. :;:', •··:;_'>:,i_ ,· ;, __ .,;,

~

JOSEPH W. SCHULKE, P.E. JODAH B. BITTLE, P.E.

SCHULKE, BITTLE & STODDARD, L.L.C. WILLIAM P. STODDARD, Ph.D., P.E.

CIVIL & STRUCTURAL ENGINEERING• LAND PLANNING• ENVIRONMENTAL PERMITTING

January 24, 2011

Thomas Lubozynski, P.E. F.D.E.P Waste Management

RECEfVE'D JAN :;; ,,, ~u' '11 -~ ... , ,.,

3319 Maguire Boulevard, Suite 232 Orlando, FL 32803-3767

Re: A-1 Walee Recycling Center

DEP Central Dist

Application to Construct, Operate or Modify a Waste Processing Facility Indian River County, FL

Dear Mr. Lubozynski,

Enclosed, please find a FDEP Waste Processing application, 3 sets of plans, application fee of $2,000.00, Opinion of Probable Closure Cost and an Operation Plan for the proposed A-1 Walee Recycling Center located at 6350 9th Street SW in Indian River County, FL

Upon your review, should you have any questions, or require further information, please do not hesitate to contact rtte at our office. Thank you I

CC: Luisa Garcia

1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA32960 TeL 772 / 770-9622 FAX 772 / 770-9496 EMAIL [email protected]

Florid,iFDe·partment of Environmental Protection

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, Florida 32399-2400

OEPForm i: 62-701.900(4), F.A.C.

Form Tille: Application to Construct. Operaie, or Modify a Waste Processing Facility

Effec:tive Dale: Janua,y 6, 2010

lna,rporated in Rule: 62-701.710(2), F.AC.

APPLICATION TO CONSTRUCT, OPERATE, OR MODIFY A WASTE PROCESSING FACILITY

GENERAL REQUIREMENT: Solid Waste Management Facilities shall be permitted pursuant to Section 403.707, Florida Statutes (F.S.) and in accordance with Florida Administrative Code (F.A.C.) Chapter 62-701. A minimum of four copies of the application shall be submitted to the Department District Office having jurisdiction over th~ facility. The appropriate fee in accordance with Rule 62-701.315(4), F.A.C., shall be submitted with the application by check made payable to the Department of Environmental Protection (DEP). Complete appropriate sections for the type of facility for which application is made and include all additional information, drawings, and reports necessary to evaluate the facility.

Please Type or Print in Ink

A.

1.

GENERAL INFORMATION

Type of facility (check all that apply):

• Transfer Station

~ Materials Recovery Facility:

~ C&D Recycling

D Class Ill MRF

DMSWMRF

RECErVED

JAN 2, 2011

flEf Centra, 01st

• Other Describe: _________________________ _

• Other Facility That Processes But Does Not Dispose Of Solid Waste On-Site:

• Storage, Processing or Disposal for Combustion Facilities (not addressed in another permit)

• Other Describe: --------------------------NOTE: C&D Disposal facilities that also recycle C&D, shall apply on DEP FORM 62-701.900(6), F.A.C.

2. Type of application:

~ Construction/Operation

• Operation without Additional Construction

3. Classification of application:

~New D Substantial Modification

D Intermediate Modification

D Minor Modification

• Renewal

4. Facility name: Al Walee Recycling Facility

5. DEP ID number: ___________ County: Indian River

6. Facility location (main entrance): 6350 9th Street SW Vero Beach, FL 32968

Northwest District 160 Government Center

Pensac:ola, FL 32501-5794 850-595-8360

Northeast District Central District Southwest District South District 7825 Baymeadows Way Ste 2008 3319 Maguire Blvd., Ste. 232 13051 N. Telecom Pky. 2295 Victoria Ave .. Ste. 364

Jacksonville. FL 32256-7590 Ortando, FL 32803-3767 Temple Tenace. FL Fort Myers. FL 33901-3881 904-807-3300 407-894-7555 813-632-7600 239-332-6975

Southeast District 400 North Congress Ave.

West Palm Beach, FL 33401 561-681-6600

7. Location coordinates:

Section: _20 ______ Township:.;..33"------- Range: _39 _______ _

Latitude: _____ 2 __ 7° _____ 3 __ 5' ___ ...;.1 __ 8" Longitude: ____ 8_0° ____ 2_7'_. ___ 3_2"

Datum: NGVD '29 Coordinate Method: -----------------Co II e ct ed by: Stuart Houston Company/Affiliation:_H_SB_s __ , __ l_nc ..... _______ _

8. Applicant name (operating authority): """A_1""'W ...... a'""le ...... e.....;..;R..;;.ec..,y...;;c-lin.,;,;g._C..;;.e;;..;n~te.;;.;r..1.., ;;:;;LL::.;C;;__ __________ _

Mailing address: 4901 Bethel Creek Drive, Unit #F Street or P.O. Box

Vero Beach City

' Fl 32963

State Zip

Contact person:_Lu_i_sa_...;.G_a_rc_ia ____ ------------ Telephone: (772, · ) _5_32_~_56_8_9 ____ _ . .

Title: Manager [email protected] E-Mail address (if available) ·

9. Authorized agent/Con~ultant: _s_ch_u_lk_e __ , _B_itt_le_&_S __ to ... d_d_a __ rd..__L_LC ______________ _

Mailing address: 1717 Jndian River Boulevard,.Suite 201 Street or P.O. Box·

Contact person:Jodah B. Bittle, P.E.

Title: Managing Member

Vero Beach, City

FL 32960 State Zip

Telephone: (772 ) _77_0_-9_6_2_2 ___ _

[email protected] E-Mail address {if available)

10. Landowner {if different than applicant): _Jo_rd_an_S._pn_·n_~_le_r __ S_.y_st_em_s· .... , l_n_c. ___________ _

Mailing address: 6350 9th Street SW Street-or P.O. Box City State Zip

Contact person: __ B_ill_J_o.;.;rd;;.;;a ... n ___________ Telephone: (~---------

E-Mail address {if available)

11. Cities, towns and areas to be served: Indian River County and surrounding areas

12. Date site will be ready to be inspected for completion: ________________ _

13. Estimated costs:

Total Construction:$ _____________ Closing Costs:$ __________ _

14. Anticipated construction starting and completion dates:

From: March 2011 To: March 2012

15. Expected volume of waste to be received: ________ 18_0_0 yds3/day ____ 1_0 .... 0_0 tons/day

16. Provide a brief description of the operations planned for this facility: Please see attached operations plan

DEP FORM 62-701.900(4) Effective January 6, 2010 Page 2 of 4

I•

B. ADDITIONAL INFORMATION

Please attach the following reports or documentation as required.

1. Provide a description of the solid waste that is proposed to be coilected, stored, processed or disposed of by the facility, a projection of those waste types and quantities expected iri future years, and the assumptions used to make the projections (Rule 62-701.710(2)(a), F.A.C.).

2. Attach a site plan, signed and ~led by a profession~! engineer ~gistered lmder Chapter 471; F;S., with a scale not greater than 200 feetto the inch, which shows the facility location, total acreage of the site, and any other relevant features such as water bodies orwetlands on or within 200 feet of the site, potable water wells on or within 500 feet of the site (Rule 62-701.710(2)(b), FAC.).

3. Provide a description of the operation and functions of all processing equipment that will be used, with design criteria and expected performance. The description shall show the flow of solid waste and associated operations in detail, and shall include (Rule 62-701.710(2)(c), F.A.C.): a. Regular facijity operations as they are expected to.occur;,. . . b. Procedures for start.up operations, and scheduled ani:1 unscheduled shut down operations; and c. Potential safety hazards and contrormethods, including fire detection and control.

4. Provide a description of the loading, unloading, storage and processing areas (Rule 62-701.710(2)(d), F.A.C.).

5. Provide the identification arid capacity of any on-site storage areas for recyclable materials, non-processable wastes, unauthorized wastes, and residues (Rule 62-701.710(2)(e), F.A.C.).

6. Provide a plan for disposal of unmarketable recyclable materials and residue, and for waste handling capability in the event of breakdowns in the operations or equipment (Rule 62-701.710(2)(f), F.A.C.).

7. Provide a boundary survey, legal description, and topographic survey of the property (Rule 62-701.710(2)(9), F.A.C.).

8. Provide a description of the design requirements for the facility which demonstrate how the applicant will comply with Rule 62-701. 710(3), F.A.C.

9. Provide an operation plan which describes how the applicant will comply with Rule 62-701.710(4), F.A.C. (Rule 62-701.710(2)(h), F.A.C.).

10. Provide a closure plan which describes generally how the applicant will comply with Rule 62-701.710(6), F.A.C. (Rule 62-701.710(2)(i). F.A.C.).

11. Unless exempted by Rule 62-701. 710(10)(a), F.A.C., provide the financial assurance documentation required by Rule 62-701.710(7), F.A.C. (Rule 62-701.710(2)0), F.A.C.).

12. Provide documentation to show that stormwater will be controlled according to the requirements of Rule 62-701.710(8), F.A.C.

13. Provide documentation to show that the applicant will comply with the recordkeeping requirements of Rule 62-701. 710(9), F.A.C.

14. Provide a history and description.of any enforcement actions by the applicant described in subsection 62-701.320(3), F.A.C. relating to solid waste management facilities in Florida. (Rules 62-701.710(2), F.A.C. and 62-701.320(7)(i), F.A.C.)

OEP FORM 62-701.900(4) Effective January 6, 201 o Page 3 of4

. '.

C. CERTIFICATION BY APPLICANT AND ENGINEER OR PUBLIC OFFICER

1. Applicant:

The undersigned applicant or authorized representative of A1 Walee Recycling Center. LLC

is aware that statements made in this form and attached information are an application for a C & D Waste

Processing Facility Permit from the Florida Department of Environmental Protection and certifies that the information in this application is true, correct and complete to the best of his/her knowledge and belief. Further, the undersigned agrees to comply with the provisions of Chapter 403, Florida Statutes, and all rules and regulations of the Department. It is understood that the Peimlt is not transferable, and the Department will be notified prior to the sale or legal tra fer of the permitted facility.

~

0,--------:-gent

Luisa Garcia, Manager Name and Title (please type)

[email protected] E-Mail address (if available)

4901 Bethel Creek Drive, Unit F Mailing Address

Vero Beach, FL 32960 City, State, Zip Code

(fil._)532-5689 Telephone Number

I b~t~I \ l Attach letter of authorization if agent is not a governmental official, owner, or corporate officer.

2. Professional Engineer registered in Florida (or Public Officer if authorized under Sections 403.707 and 403.7075, Florida Statutes):

57396 Florida Registration Number

{please affix seal)

0EP FORM 62-701.900(4) Effective January 6. 2010

1717 Indian River Blvd., Suite 201 Mailing Address

Vero Beach, FL 32960 City, State, Zip Code

[email protected] E-Mail address (if available)

(1.ZL>770-9622 Telephone Number

1tz~/11 te

Page 4 of 4

OPERATION PLAN

FOR . .

A-1 WALEE RECYCLING CENTER

INDIAN IUVER COUNTY, FL

Prepared By: Schulke, Bittle & Stoddard, L.L.C.

1717 Indian River Boulevard, Suite 201 Vero Beach, FL 32960 Phone: (772) 770-9622

l.0PURPOSE

The purpose of the construction and demolition (C&D) debris waste processing facility (WPF) site at A-1 WaJee is to receive C&D debris from private collection vehicles and remove recyclable materials from the waste stream. The operation includes weighing the material brought to the site,- separating and processing, and selling the recovered/recycled materials. Materials expected at the site include rocks, soils, tree remains, trees, concrete, asphaltic concrete, wood, wood wastes, building debris, cardboard, glass, metal, and plastic. The remaining waste (Class I, Class Ill, and reject C&D) is placed into roll-off containers for transport to a DEP permitted Class I, Class III, or C&D landfill. The site is also a concrete and mulching recycling facility.

2.0 SITE IMPROVEMENTS/GENERAL DESCRIPTION:

The current property is square in shape and consists of 9.10 acres. The Indian River County Engineering Department is requesting that we sell 1.05 acres for future right:-of-way. This will allow a Total Developed Area for the C&D debris processing area to be 8.05 acres. The current site is an Irrigation Supply company with associated paved parking area and concrete loading area. The stormwater system consists of a wet detention lake at the north central area of the property. The right-of-way purchase by the county severely affects the existing parking configuration. The improvements to the site are as follows:

I . Remove a portion of the existing building that was damaged during the hurricanes. The remaining building will be 8,000 sf in size.

2. The existing driveway at the west property line will be modified to an egress only. This will serve as the exit for the trucks.

3. We are proposing to construct a main entrance located at the middle of the property. This driveway will split into two access points into the site. The first or left access point will lead to the proposed parking area for customer service and employee parking. The second or right access wil1 be for the trucks to enter into the C & D area.

4. The C & D area consists of a stabilized marl area equal to 1.90 acres. This is where the recovered items will be stored.

5. We are proposing to add a concrete pad to the existing concrete loading area at the north end of the building. This will serve as the processing and loading area.

6. The existing lake will need to be modified because of the FDEP rule· requiring a setback of 200' from the processing area to a waterbody. The new wet detention lake will be located along the eastern property line.

The Operation of the proposed C&D debris recycling site, as outlined in this report, will not violate the prohibitions of Rule 62-701, Florida Administrative Code as stated below.

(1) (a) The facility has a current FDEP Solid Waste Management Facility permit. (b) No solid waste shall be stored in a manner or location that will cause air quality or water

quality standards to be violated, as described in the application. (2) No onsite solid waste disposal is proposed.

( a) The proposed area for storage of solid waste is not in an area of unstable geological formations or soils.

(b) A well survey was perfonned to locate existing water supply wells within 500 feet of the proposed facility.

(c) No solid waste will be stored in adewatered pit. (d) The proposed facility is located within the Flood Zone AE-22. (e) No solid waste will be stored in a water body. . (f) . No solid waste will be stored w~thin 200 feet of any natural or artificial body of water or

any wetland. . (g) No solid waste will be ~tored on any road right-of-way. (h) The proposed WPF_ is. ~ot within 1,000 feet of a community potable well.

(3) No burning is proposed at the site. (4) Hazardous wastes are unacceptabie wastes at the proposed site. (5) PCB wastes are unacceptable wastes at the proposed site: (6) Biohazardous wastes are unacceptable wastes at the proposed MRF. (7) Not applicable. No landfill is proposed. (8) Not applicable. No landfill is proposed. (9) Not applicable. No waste-to-energy facility is proposed. (10) Not applicable. No landfill is proposed. (11) (a) Not applicable. No landfill is proposed.

(b) Not applicable. No landfill is proposed. (12) Not applicable. Yard waste is an unacceptable waste at the site. (13) Not applicable. No storage tanks are proposed (14) A well survey was perfonned by the SJRWMD. The proposed WPF is not within 1,000 feet

of a community potable well. In addition, groundwater is monitored at the facility on a semi-annual basis.

( 15) Waste ·is n~t proposed to be stored in vehicles. ( 16) All prohibitions have been addressed.

2.1 SOILS

The SCS Soil Survey of Indian River County states the site consists of Winder Fine Sand (No. 14) and Boca"Fine Sand (No. 36) soils. Winder Fine Sand is described as nearly level and poorly drained. The water table is typically O to 10 inches below the surface 2 to 4 months of the year. The remainder of the year it is located from 10 to 40 inches below the surface. The surface-layer is very dark gray fine sand about 7 inches thick. The subsurface-layer is grayish brown fine sand to a depth of about 17 inches. Boca Fine Sand is described as nearly level and poorly drained. The water table is typically O to IO inches below the surface 2 to 4 months of the year. It recedes to a depth below the limestone for about six months. The surface layer is dark gray fine sand about 7 inches thick. The subsurface layer is fine sand to a depth of about 20 inches.

2.2 FLOODPLAIN AND WETLANDS . . .

The Flood Insurance Rate Map Panel No. 12061C0165-E dated 5/4/89 s~ates that the Flood Zone is AE-22. This means that the si\e is located within a special flood hazard area inundated by the l 00 year flood. The base flood elevation is 22.0'.

There are no existing wetlands on site. There is only a wet detention storrnwater system.

...

. ,

3.0 OPERA TIO NS PLAN

3.1 DESCRIPTION OF MATERIAL TO BE PROCESSED

The material delivered to the site consists of construction and demolition (C&D) debris, as defined in Chapter 62-701, F.A.C. C&D debris means discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. C&D debris includes rocks, soils, tree remains, trees, and other vegetative matter which nonnally result from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project. Mixing of C&D debris with other types of solid waste will cause it to be classified as other than C&D debris.

3.2 WASTE UNLOADING AND PROCESSING

The collection vehicles enter through the main gate of the facility located on the east side of the property and exit on the west. Arriving loads are inspected to detennine their suitability and acceptability. Acceptable loads are visually identified, and the weight is recorded based on the onsite scales. If the material is unauthorized, the driver is directed to a solid waste management facility which is permitted to handle the type of material rejected. A 4-foot by 8-foot painted sign will be constructed at the entrance to the Facility, which indicates the types of waste allowed. The sign includes a notice that attempting to unload unauthorized waste will result in the delivery personnel having to reload the waste and remove the waste from the site.

The C&D debris loads are directed to a tipping area where recyclable materials are sorted from the loads and transferred to the appropriate storage area, see Site Plan in Attachment. Processing includes sorting of acceptable metals, plastics, wood, cardboard, mixed loads, and unacceptable wastes. Unacceptable wastes are placed in roll-off bins, and transported off-site for proper disposal within a suitable time period. Transport vehicles enter and exit in the same direction as the collection vehicles. Unacceptable waste (Class I, Class Ill, and reject C&D debris) is transported to the appropriate DEP permitted.

3.3 QUANTITY PROJECTIONS

Quantity projections for the C&D are limited to the processing capabilities of this site, based on available equipment and personnel. Additional staff will be hired and additional equipment can be purchased or rented as needed to maintain effective processing.

3.4 OPERATION AND FUNCTION OF PROCESSING EQUIPMENT

Supporting equipment consists of a front-end loader and unaccepted waste containers. The C&D debris is brought to the site and inspected before entering the processing area supporting equipment consists of a front-end loader and unaccepted waste containers. The C&D debris is brought to the site and inspected before entering the processing area. Once inside the C&D debris tipping area, the waste is dumped sorted and transported to the appropriate area within the marl area.

Once filled, the Class I, Class III, and reject C&D waste is picked up by transport vehicles and taken offsite to Indian River County Landfill. Recovered materials (glass, metal, plastic, etc.) are sold to vendors.

The Facility is expected to operate with the following equipment: Front-End Loader -Primary; Front-End Loader -Back-up; Delivery Trucks -Primary and Secondary; wood grinder and Miscellaneous Containers/Bins -Primary. The concrete crusher will be used on as needed basis, using a third party.

· All of the equipment on the site is owned by A-1 Walee. Where appropriate, equipment will be fitted with safety cabs, fire extinguishers, and radio communi~ation equipment. The radio equipment will also be stationed in the administrative office located on-site, along with telephone service.

The on-site administrative office includes potable water, sanitary facilities, emergency first-aid supplies, and electricity. The building also provides shelter for employees during inclement weather conditions.

The following facilities are utilized for disposal of Class I, Class III, or non-recyclable C&D materials. However, based on cost, transportation, or other management factors, other FDEP permitted disposal facilities may be utilized at anytime.

3.5 EXPECTED REGULAR FACILITY OPERATIONS AND PERSONNEL

3.5.1 DAILY OPERATIONS

The site is intended to operate from 7:00 a.m. to 5:00 p.m., Monday through Sunday. Site operations require a staff of 7 yard and equipment operators and office staff, including a Facility Manager ( t ), spotter ( t ), sorters (2), equipment operators (2), and an administrative assistant ( 1 ). Ingress and egress to the site is Hmited to Olso Road. The entrance road exists from the site entrance gate located near the east property and passes through the scale, dumps in the C&D waste tipping area, circle and pass the administrative office building, upon exiting. A tum-around area is located adjacent to the tipping area. All vehicles exit the site utilizing the same road. All incoming waste is weighed prior to processing at the Facility.

' ' ,

Al Walee will retain all records at the Facility's administrative office for a minimum of three (3) years: The records will be available to the FDEP personnel upon request. Report outputs can include daily, month-to-date and year-to-date totals of waste received from various haulers. The entrance/exit road will'be accessible,in all weather conditions: Lockable gates control access to the site. The traffic layout allows trucks to circulate through the site and either drop material in the C&D debris sorting area or pick up processed material. Once loaded or unloaded the trucks will exit onto Oslo Road.

3.S.1.1 START UP.AND SHUT DOWN PROCEDURES

Start-up procedures consist of the Facilities Manager inspecting the processing and storage areas for safety purposes. Equipment will be turned on and allowed to warm_ up if necessary. Material containers (rejected waste, unauthorized waste and all other containers/bins) will be inspected to verify ample storage capacity for ~e day's activities ·as well as condition of the containers. In the event that the storage capacity or condition of the container is inadequate, a spare container will be obtained or a filled container will be hauled for disposal and:emptied .. The Facility plans to clear the C&D.debris tipping area of wastes each day, depending on the availability of personnel, equipment, off-site waste transport-and waste intake rates. The processed material is contained within the confines of the designated storage locations (i.e., marl area).

Standard safety protection will be maintained as required to operate the.equipment. Additional safety procedures for site·processing will be followed to protect the operators and equipment. This equipment includes ear protection, hard hats, and eyewear. The ope~ators•will be trained by the manufacturer so that they are aware of the proper way to safely operate the equipment. Fire safety for the site includes: spraying of fire with water in compliance Indian River County fire codes, and fire extinguishers mounted to each piece of equipment. The City of Indian River Fire Department will be contacted in the event of a fire.

3.5.1.2 SORTING OPERATIONS

Within the tipping area, recovered materials removed from the debris are sorted in the appropriate area for recycling located in the marl area. Within the processing area, a front-end loader equipped with buckets or clamps places the heavy recovered materials (i.e. concrete) into a pile at the northeast comer of the C&D waste recycle are( please see attachment). Personnel are responsible for hand sorting the materials.once the C&D debris has been unloaded in the tipping area. Sorted material is placed in designated marl area for recycling or disposal off-site.

3.5.1.3 PROCESSED/UNPROCESSED MATERIAL DISPOSAL

The processed material is sold to a variety of different companies for many different uses. The most common uses are described below. After processing, woody waste wiIJ be chipped on-site and sold for fill or mulch. Concrete will be crushed and sold to the concrete industry. Cardboard and paper will generally be sold to a paper. mill. Metal will be sold to scrap metal.dealers, and glass will be crushed offsite and sold for fill material. Plastic will be sold to companies capable of recycling mixed plastic.

Land clearing debris will be separated.by hand or with the front-end loader ,lilld wiU be stored on the Marl area; C&D waste processing area .. In order to facilitate removal of these materials from the site, the material will be mulched using either an.outside mqlching service or purchased equipment. Clean wood to be mulched will also be stored in this area. A visual inspection of the wood materials will be·performed 10Jook for signs of pressure treated wood, creosote coated wood, etc. Any visibly treated or painted wood will be placed in a reject container for off-site disposal. The unprocessed and processed land clearing debris (mulch) will be stored on the marl area of the C&D waste processing area to allo~ flexibility in this operation·. In order to make a cleaner product for resale, the mulch will be screened using a trommel screen or similar equipment. This material may be sold to the public,,sold for pov,:er.generation, given away fr.ee to customers, or may be disposed, depending on current market conditions.

3.5.2 MANAGEMENT AND OPERATIONS PERSONNEL e ; •

Personnel trained for handling and processing of C&D waste material will be designated to work in the area. A 1 Walee will have certified operators on staff. /Or, may be equi valeqt .tP years of experience .. The certification for the Facility Manager will be provided upon hiring. Overall management of the Facility and:general direction of the F@,cility ope~tions is the responsibility of the Facility Manager, whose office is located on-site. The Facility Manager's responsibilities include: Managing environmental compliance for the Facility; Managing personnel requirements for the Facility, including hiring of supervisory and operating personnel, and providing for their training and orientation; Ascertaining the operation and maintenance needs for the Facility; Implementation of the Operations and Maintenance Plan for the Facility; and Implementation of Equipment Maintenance Plans.

In the absence of the Facility Manager, duties and responsibilities,of the Facility:will be performed by the Spotter. The Spotter's additional resporisibilitiesinclude: Supervising the tipping area; supervising the placement of materials; supervising heavy equipment operations; and supervising the mulching and screening operation; The spotter is employed to pre-check each incoming load for concealed drums and other suspect waste and to handle sorting operations. Support staff, such as s.orters (2); administrative personnel (l ), and equipment operators·.(2)~ will be employed to facilitate operations at ttie Facility.

3.6 PROCESSING AREA STORAGE CAPACITIES

The C&D waste processing area is indicated on the Site Plan in Attachment. This area is approximately 3.7 acres and specifically designated for C&D debris handling and processing as labeled. Approximately 2500 cyds of unproc.essed/processed C&D waste, including land clearing debris and mulch, can be stored in this area. Instructions for the. drivers include direction of traffic flow and the appropriate area to drop off.the waste material. Storage area for the recyclable products (metals, plastic; wood, and cardboard) is located in the middle of property; the C&D debris processing area•adjacent to the tipping area.

•t-' ,,

3.7 PROVISIONS FOR SOLID WASTE AND LEACHATE CONTAINMENT

The site consists of a processing area that is constructed of concrete. The area is located north of the existing building. This area will accept the C & D from the trucks and will immediately be separated into individual products. Any unauthorized wastes o_bserved will be placed immediately in the proper containers. Any rejected C&D debris will be stored in the designated area on site. The concrete area used for processing is graded to an inlet at the north end of the area. This inlet is connected to a 5,000 gallon tank with chambers to collect the first flush of leachate. The tank discharges into a dry retention system that will have groundwater monitoring.

3.8ODOR

Action shall be taken to prevent fugitive odors and particulates from creating nuisance Conditions. These steps include the following: Rejection of unacceptable waste that could create odor. Removal from the site of putrescible or other rejected waste that could cause odor problems. Active management ofrecycled materials. All materials will _be kept no longer than the maximum hold time. To alleviate any potential odor problems. All wastes shall be stored away from standing water. Ongoing processing of land clearing debris and removal of mulch.

3.9 EMERGENCIES AND CONTINGENCY PLAN

In the event of inclement weather. accidents, fires. and equipment breakdowns. the appropriate provision of the contingency plan will be implemented immediately. Amendments will be made to this plan if the Facility design. operations or maintenance procedures change. Incidents. which might require the assistance of outside emergency response agencies. will be handled by conventional means. In the event of a natural disaster, operations at the Facility shall cease and the Facility shall be evacuated until the Facility Manager has deemed the area safe for contingency operations. The evacuation plan includes gathering all personnel on the site at the main office to account for everyone's whereabouts before dismissing the employees and directing them to leave the property. If time allows, operations will be maintained on a limited basis (no incoming debris), dependent upon the Facility Manager's determination, to allow continued removal of debris off the property.

3.9.1 INCLEMENT WEATHER OPERATIONS ..

Litter control at the Facility will occur on a continuous basis during operating hours as a component of the site maintenance program.

. '

3.9.2 PERSONAL INJURY ACCIDENTS

In the event of a personal injury at the Facility, the nature and extent of the injury will be assessed to the extent'possible by the on-site personnel and emergency first aid techniques administered by appropriately trained personnel as necessary. If the injury appears to require professional medical attention, emergency a:ssistance will be summoned. If the injury requires non-emergency medical attention, the injured party will be transported by conventional means to a place of professional medical care, i.e., hospital, emergency room. doctor's office, or clinic. In

all cases, the Facility Manager will be nqtifie& •,

3.9.3 VEHICULAR ACCIDENTS

In the event of a vehicular accident at, ~he site, a determination will be made regarding the feasibility of safely moving the vehi¢le(s) under the.if own power. lfpossible, the vehicles will be moved out of the way ofl)ormal traffic flow. If the.vehicles cannot move under their own power and the vehicles are interrupting traffic flow, the vehicles will be pushed out of the way using onsite equipment. The Facility Manager will be notified and arrangements to have the disabled vehicles removed will be made in accordance with the directions of the Facility Manager.

3.9.4 FIRE

The primary emergency phone number (911) and the Fire Department will be called immediately to respond to all fires. · ·· · · Fire extinguishers will also be Ioc·ated pear the processing. area ~d on all equipment. . Larger fires located anywhere on the site will be sprayed with water or smothered with soil and/or crushed concrete. During a fire, all placement of combustible waste in the immediate area of the fire will be suspended and will only resume upon approval of the Fire Department. In the event of a fire in or on facility equipment, the following procedures will be followed by the equipment operator or other nearby facility personnel: Actiyate the on-board fire suppressio~ equipment; If po,ssible, safely move the equipment away from the fire immediately, and shut off the engine; Signal other operators in the irnm~~iate area . of the fire via radio or by hand signals; evacuate the vehicle; and, extinguish any reoccurring fires with the fire suppression eqµipment on the facility vehicles. Charged and tested fire extinguishers will be located throughout the site, including the vehicle and equipment storage building, office and in some cases, the equipment (i.e., front-end loaders and trucks) carry them. There will be no open burning at the Facility. All fires at the facility shall be promptly reported to the County and FDEP.

3.9.5 SPILLS

No hazardous wastes are to be accepted at the Facility. The Facility Manager, spotters, and equipment operator will be responsible for spotting concealed drums or other suspect wastes. In the event waste materials of questio.nable nature are tin.loaded before they are spotted by Facility personnel, the source of the debris will be recorded, and the Facility Manager shall be immediately notified to determine the appropriate action.

Despite these precautions, if hazardous waste, fuel, or oil is spilled at the site, absorbent material will be placed to contain the spill. The Facility Manager will be notified•immediately in the event a spill occurs. If a reportable quantity has been spilled, the FbEP will be contacted. During the operational hours of the Facility, at least one persor:i who is trained in the spill plan procedures will be on-site. In case of a spill, the following spHl contingency pla.ri willbe implemented. In case of, or as soon as any spill is observed, the source of the spill will be located and actions

taken to contain the spill and to prevent further spillage, if possible; Valves, pumps, and electrical equipment will be shut off as appropriate; Potential ignition sources will be removed from and restricted from entering the area of the spill; Absorbent socks/booms will be used where appropriate. A spill response firm will be contacted, if necessary, to assistin these activities. The spill response firm will provide sampling and analysis for spill cleanup materials; . All absorbed material or contained liquid will be removed and packaged in Florida Department of Transportation (FOOT) approved containers (55-gallon drums); Used Absorbent materials should be packaged separately from liquids; And, All containers used for the disposal of petroleum spill response debris will be labeled with type ofwaste determined by visual inspection and laboratory testing,,and the start date of accumulation and disposed in accordance with Federal and State environmental regulations. Debris from large spills will be removed immediately by the spill response firm. Debris from small spills will be kept in one 55-gallon drum at the site for approximately one week.

The following spill cleanup equipment will be maintained at the Facility: Spill response kit capable of containing a spill of at least 25 gallons will be located at the site. This kit includes absorbent spill pads, socks, and/or booms; an adequate amount of nitrile gloves, nitrite or rubber boots and other personal protective equipment; First aid kit and eye wash; and, Fire extinguishers.

3.9.6 EQUIPMENT FAILURE

Sufficient backup equipment will be available for equipment breakdowns and.downtime for normal routine equipment maintenance. fo case of major equipment failure (both primary and backup equipment fail) the following procedures will be followed: Arrangements with contractors and rental equipment dealers will be made to furnish equipment on a short-term basis. Equipment will be available within one to two hours; and, Applicable Facility operations will cease until equipment capacity is retained by renting the necessary equipment.

3.9.7 HURRICANE PREPARDENESS PLAN

In the event a• hurricane is expected to impact the Eastern Florida area, the Operations Manager will begin making arrangements to move as much of the C&D material and reject wastes from the site as possible. The Operations Manager will make the decision when to close the facility to the public; however, closing the facility will occur at least 24 hours prior to the expected time the hurricane will make landfall. In the·remaining 24 hours, on-site preparations.such as securing equipment and other items will occur: The mulch·, clean soil, and concrete will remain on-site as

· it would not be feasible, economically or physically, to remove these materials in that time. After a hurricane has passed through the area, the Operations Manager will inspect the facility for safety and damage and will make the determination of when the facility can be re-opened to the public. If it appears that damage to the facility would affect pennit or Operations Plan compliance, the Operations Manager or the Operations Co-Manager will notify the Department and the Division to discuss the procedures to bring the faci1ity into compliance.

3.10 HIRING AND TRAINING PROGRAM

In-house training by a trained operator will be provided·on an as-needed-basis for n~w employees until a publicly available FDEP approved training course can be scheduled. Publicly available training is provided on a schedule which complies with the requirements of Chapter 6270 l .3iO ( 15) and FS 403. 716. This will include an initial 16 hours of operator training and ;8 hours of spotter training to instruct in the proper operation of the Facility and provide instruction in identifying unacceptable materials, especially materials that qualify as a hazardous waste. Once every three years, each operator will complete 8 hours of additional course work as a refresher to the initial training.and to learn new operation procedures and infonnation related to waste identification. Spotters ~II receive 4 hours of-course work-every three years as.a refresher. All course work will be selected from- the list of FDEP approved courses available through the ·. University of Florida TREEO Center, or another approved provider, which meet the needs of the Facility. Any examinations required will be administered by an independent third party. Records documenting the.above training·will be made available at-the Facility in the office.· Al Walee personnel will direct incoming truck traffic to expedite safe movement of vehicles within the Facility. Traffic will be directed as necessary to prevent dangerous traffic conditions and to assure that any back up of in-bound-vehicles is kept off of the public right-of-way.

3.11 STORMWATER MANAGEMENT

The existing site has a wet detention stonnwater system located at the n~rth central area of the property. The lake will be modified and reconstructed.along the east property line. The. reconstructin is necessary due to the FDEP rule requiring a minimum setback of200' from any waterbody to the procesing area. The wet detention sytem qutfalls into the ~~isting ditch along the eastern property line. The run-off t~en proceeds .south to the exisitng ditch along the north side of Oslo Road. It then flows·west to.a pipe located a the southwest corner of the site that outfalls in to the Indian Rive Farms Water Constrol District ditch along the south side of Oslo Road.

3.12 RECORD KEEPING/SUBMITTALS

Record submittal requirements for the Recycling, Facility will be in compliance with.the FDEP requirement for these facilities, F.A.C. 62-701.710(9). Operational records shall be maintained to, include a daily log of the quantity of solid waste received, processed, stored, and removed from . the site for recycling or disposal, and the county oforigin oftp._e waste, if known. These records shall include each type of.solid w.aste, recovered materials, residuals, and unacceptable wast~ which is processed, recycled, and disposed .. Such records ~hall be compiled on a monthly basis and shall be available for,inspection-by the FDEP. Records shall be retained at the facility for three years. The reporting requirements include submitting E.J. report annually (by April 1) which summarizes the amounts and types of waste received and the amounts and types of wastes disposed of or recycled. The annual report will be submitted on the FDEP Fonn 62-701.900(7), per F.A.C. 62-701.730(12).

.. •

3.13 UTILITIES

The current site has a septic/drainfield for the sewere system and a Water main for drinking water. The septic/diainfield system will need to be replaced ·because we are constructing a berm over a portion of the system. A water main curentiy runs along the frontage of the site. There is a water service that has been constructed to the existing building. A Fire Hydrant is located along the roadway in front of the building.

3.14 NOTICE OF VIOLATION

The Facility Manager will provide immediate notice to the appropriate authority, in the event Al Walee is notified by Federal, State or local governmental agencies or officials regarding violations of any permits or approvals held by Al Walee relating to the operation and use of this Facility. The authorized agent will respond appropriately to the various agencies.

4.0 CLOSURE PLAN

The closure of the Facility will include removal of the operational equipment, which is completely mobile by design. Any remaining materials will be removed and hauled to an appropriate processing site or landfill. Upon application for closure construction, Al Walee will submit information on waste removal and equipmentremoval. To protect the State and County from bearing the cost of potential cleanup activities, a Performance Bond will be posted and will be updated on an annual basis. The purpose ofth~ Bond is to provide for cleanup of the site, if the permitted does not perform. The approved closure steps.include notifying the Florida Department of Environmental Protection (FDEP)·and the Division at least 180 days prior to closure. The cleanup is to be completed within 30 days of the final close date .. Closure will be completed within 180 da:ys after the final waste load is received. A(that time, a closure report is to be issued to the FDEP and the Division to allow time for a site inspection and closure certification. Post closure monitoring consisting of semi-annµal groundwater sampling and reporting will be perfonned for a period of two years following facility closure.

1' 1:

------------- - ---· -- -

PROCESSED MATl;RIAL VOLUME STORED (CY\

SCRAP METALS 30 WOOD 30 PL.ATIC 30 CARDBOARD 30 CL.ASS I - RESIDUE 10 CL.ASS Ill - RESIDUE 20 ROOFING TILES 20 MULCH 30

OPINION OF PROBABLE CLOSURE COST A1 WALEE RECYCLING CENTER

6350 9TH STREET SW VERO B~CH, FL 32968

ESTIMATED LOADING TOTAL HAULING TOTAL ESTIMATED COST-. LOAD!NG COST HAULING

TONS ($/CY\ COST ($/CY\ COST 12 $2.50 75 $7.00 210 8 $2.50 75 $7.00 210 1 $2.50 75 $7.00 210 3 $2.50 75. $7.00 210 2 $2.50 25 $7.00 70 8 $2.50. · 50 '$7.00 · 140

10 $2.50 50 - $7.00 140 10 $2.50 75 $7.00. 210

DRVWALL 30. 4 $2.50 75 ·$7.00 210 GLASS 20 20 $2.50 · 50 $7.00 140 MISC. 30 5 $2.50 75 $7.00 210 CONCRETE 60 30 $2.50 150 $7.00 · 420 ASPHALT 30 15 $2.50 75 · $7.00 210 UNSORTED C & D 1000 0 $2.50 2500 $7.00 7000 HAZARDOUS MATERIALS 55gal LEACHATE TOTAL ,,

CONTINGENCY (10%) GRAND TOTAL

Rccr, ____ _)· JAN, 5 ~·JJI

D& Central Olst

TOTAL DISPOSAL DISPOSAL . ($/CY) COST

$0.00 $0.00 $4.50 $135.00 $4.50 $135.00

$0.00 $41.00 $410.00

·$41.00 $820.00 $4.50 $90.00 · $4.50 $135.00 $4.50 $135.00. $4.50 $90.00 $4.50 $135.00 $0.00 $0.00 $0.00 $0.00 $4.50 $4,500.00

$1,000.00 $500.00

- 10%

TOTAL COST

$285.00 $420.00 $420.00 $285.00 $505.00

$1,010.00 $280.00 $420.00 $420.00 $280.00 $420.00 $570.00 ,$285.00

$14,000.00 $1,000.00

$500.00 ·$21', 100.00

$2,110.00 $23,210.00

The table above shows assumed values based on listed projections. These sosts may vary in accordance with decisions ofJh&_co~ of~for labor, equipment, materials, marketing conditions and unforeseen conditions which the facility or engineer have no !f~l\)1 · IIT.J'(~ · ~.

·•·-~-~£ :"1,'· ./ , / ~;.:1• .s ·,-:.. -.: ' . ,lP- /..._ . ~~ o\~i/Z"\j 11

J d 'h ·p- · 0 • ~ •. . 0 80 ·:• I e, :~. ~ _ : ~ FI .. R~ .,_.:~9~ . -~:i3 . .., • e..'\ . L"i. • '5

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Good Morning. I am Mark Hornbuckle I live at 6160 First St. SW. My wife and I own a family farm directly north of proposed site. The address is 6255 Fifth St. SW and is less than 600 feet away from the proposed recycle site.

Currently we service about 200 families with locally grown, fresh vegetables. Once a week they either pick up their box of vegetables or it is delivered to them. This farm has approximately 45 different vegetables growing on it right now. We only sell what is grown on this property.

We are most concerned about the incompatibility of this construction debris use and our farm.

We have two sources of water that we use for our irrigation. One is a four inch artesian well that's located in the southwest comer of my property and the other is the drainage canal. Either one of these would be easily contaminated by runoff or piles of material stacked on the property seeping into the ground, or being blown around by wind and rain.

The next example of incompatibility is the airbore problem of dust and toxins generated by the facility. Your own staff report says this will have the greatest impact on the closest uses, our farm.

There might even be another problem besides the cement crushing. There will be all kinds of insects and pest that will come in with the plants and trees for mulching. When that host plant is mulched the insects will have to find another home; again our farm is the closest. Our long term goal is to have an organic farm. Today we do not add pesticides or herbicides to the produce.

This is a fine residential agriculture neighborhood. The county has already done a good job in approving several residential developments very close to this site. They are all very compatible with this area but a recycle plant is not compatible with what the county has already approved in this here.

There is no doubt that this facility would be devastating us. If the staff report is correct, the toxins and dust suggested will contaminate our farm. The applicant has given no assurances to the contrary and has not provided a single recommendation of how we would be protected.

And what happens when it does ruin our farm. I'm left going to court, wasting time and money on something that can be avoided right here and now.

It is very clear by our membership and the interest in our family farm by the residents of Indian River county that our farm is the kind of business they want in our community, not a recycle plant in a residential AG neighborhood.

The county staff and commissioners have done a good job of planning in this neighborhood, and I hope you will stick with good compatible planning and not approve this new project. We all know it is not the proper use of that piece ofland.

Thank you,

f

"

Speech of Dr. Richard Haigh Medical Doctor

Good Haight.

mommg Mayor and Commissioners. My name is Dr. Richard I

am a licensed and Board Certified Medical Doctor in Wisconsin and Florida. obtained my medical degree from the University of Iowa in 1974.

I

I am here to speak to you today about the significant adverse health issues associated with the A-1 Walee Project. Specifically, I am going to speak to you about the life-threatening dangers associated with concrete dust and the toxic chemical produced when construction debris is recycled into mulch.

First, as we have heard from other experts, concrete crushing will produce cement dust. Cement dust contains heavy metals like nickel, cobalt, lead, and hexavalent chromium, which are pollutants hazardous to the biotic environment, with adverse impact on vegetation, human and animal health, and ecosystems.

Silica dust is released when rocks, sand, and concrete are crushed or broken. Year after year, both in developed and developing countries, overexposure to respirable dust containing crystalline silica causes disease and disabilities both temporary and permanent, as well as cancer and death. Inhaled crystalline silica is classified by the International Agency for Research on Cancer (IARC) as a Group I human lung carcinogen.

In 2006, the EPA strengthened their standards regarding particulate matter in the air to 15 micrograms per cubic meter annually and 35 micrograms per cubic meter over 24 hours. Most notably this same level also applies to crops and animals. So far, no evidence has been submitted to medically insure that the dust generated by A-1 Walee won't become a carcinogen to the nearby residents.

As you can see by the illustration, silica dust particles can embed themselves in the alveolar sacs deep in the lungs where they cannot be cleared by mucous or coughing. Respirable silica dust may be invisible to the naked eye and is so light that it can remain airborne for a long time. Thus, this dust can travel long distances in the air, affecting populations not otherwise considered to be at risk. It can also have a significant impact on those who currently utilize oxygen, have COPD, asthma, or any other compromised respiratory condition.

..

There are many scientific and medically related studies that show cement dust causes lung function impairment, chronic obstructive lung disease, restrictive lung disease, pneumoconiosis, and carcinoma of the lungs, stomach and colon. Other studies have shown that cement dust may enter into the systemic circulation and thereby reach essentially all the organs of the body including the heart, liver, spleen, bone, muscles and hair and ultimately affect their micro-structure and physiological performance.

Silicosis is an incurable lung disease caused by inhalation of dust containing free crystalline silica. In later stages the critical condition can become disabling and is often fatal. A frequent cause of death in people with silicosis is pulmonary tuberculosis (silico-tuberculosis). Respiratory insufficiencies due to massive fibrosis and emphysema, as well as heart failure, are other causes of death.

***Next Wood Mulching

As you have heard earlier, construction debris often contains pressure treated wood which contains chromated copper arsenic, also know as CCA. Arsenic is a semi-metal element in the periodic table. It is odorless and tasteless. It enters drinking water supplies from natural deposits in the earth or from agricultural and industrial practices. Arsenic contamination to surface soils via air emissions, waste recycling, and through the recycling of CCA treated wood can result in greatly elevated arsenic levels, sometimes one to two orders of magnitude greater than applicable numerical limits.

The Walee project has no plan in place to ensure these CCA-infused materials will not seep into the ground effecting the drinking water of the residents of Indian River County, nor that the dust created from the grinding of mulch will not be spread through the air and make the residents sick.

Human exposure to arsenic can cause both short and long term health effects Short or acute effects can occur within hours or days of exposure. Noncancer effects can include thickening and discoloration of the skin, stomach pain, nausea, vomiting, diarrhea, numbness in the hands and feet, partial paralysis, and blindness. Studies have linked long-term exposure to arsenic in drinking water to cancer of the bladder, lungs, skin, kidney, nasal passages, liver, and prostate.

'

Although arsenic exposure has been linked to a variety of adverse health effects, the greatest concern is the risk of developing specific types of cancer later in life. For instance, there is epidemiological evidence that chronic ingestion of water contaminated with arsenic significantly increases the r'isk of developing lung and urinary bladder cancer about 15-20 years after exposure.

Neither the applicant, nor Planning and Zoning, have provided any evidence or have given any assurances that the residents will be safe from long-term exposure to this facility. No one has been able to guarantee that the surrounding people, livestock and produce farms will be protected from the dust or water runoff from these toxic chemicals.

Medically, this facility poses so many risks that it is unconscionable to place a facility of this nature anywhere in close proximity to humans, animals, or crops.

I urge the Commission to protect the health, safety and welfare of its community and to deny this application.

ACTIVE: 3270320 1

7

BECKER&J POLIAKOFF Legal and Business Strategists

Office Westview Plaza I 1850 Fountainview Blvd #103 Port St Lucie, FL 34986 Tel: 772.871.9320 Fax: 772.871-.9321

3111 Stirling Road Ft. Lauderdale, Florida 33312-6525 Tel: 954.985.4135 Fax: 954.985.4176

Practice Gro1U1p -· Gove,r.nment Law &

Lobby,i;rng -·· Land :\Jse & Zoning

Areas off Emphasis ... Land Acquisitions -·· Entitlements - Community

Redevelopment Areas

Marcie Oppenheimer Nolan mnolan(u!becker-poliakoff.com

Professional IE>Cperience

]-2.2--11

COMPOs,rF J EXHIBIT __.1__ .mrc'-VG/\10./1....

\O,A.3.

Ms. Nolan is an attorney and certified land planner in the Firm's Governr Law & Lobbying Group. She concentrates her practice on land use and z, issues assisting both public and private sector clients before all levels of regulatory bodies on entitlements and land acquisitions.

Ms. Nolan has appeared before state, regional and local bodies on virtua all land use matters including the creation of Comprehensive Plans, developing zoning codes/form-based codes, drafting ordinances and resolutions, and acting as board liaison at countless meetings including quasi-judicial matters, and code enforcement hearings. Ms. Nolan has extensive experience in rezonings, variances, conditional uses, special exceptions, and site plan approvals. She has also been involved in the approval process for Development of Regional Impact Development Ord1 binding letters, and essentially built-out agreements.

Ms. Nolan's experience includes 10 years working as a certified planner 1

the Town of Davie, City of Sunrise, and City of Greenacres. In that capa, she managed all aspects of various land development projects, both lar~ and small. As a certified planner, (AICP), Ms. Nolan can testify as an exr witness on land use and zoning issues.

Ms. Nolan is an Associate Professor at Florida Atlantic University where ~ teaches "Legal Aspects of Planning" to Masters in Urban and Regional Planning students.

Notable IE>Cpe1roe1111ce

- Managed the Development Services Department for the Town of Davie, overseeing the Engineering, Building, Planning and Code Enforcement Divisions

_ Managed a 10 million dollar a year budget and a staff of 65 em pie -- Represented large scale land use amendment applications before

Department of Community Affairs, Broward County, South Florida Regional Planning Council, and local governments

.. Experience writing land development codes including form based codes and preparing land development code interpretations.

_ Extensive experience obtaining funding from Federal, State and le levels, including FDOT, HUD, MPO and Broward County

-· Experience working with various governmental entities on the sur of land for other beneficial uses.

... Experience preparing due diligence reports for land development applications, including large publicly funded infrastructure project

·- Experience on the preparation of requests for proposals, letters o1 interest and consultant selection and contact negotiations for all I, of engineering and planning work for local government Facilitated two large scale master redevelopment plans located wi established Community Redevelopment Areas coordinating land u

and transportation issues. "' Experience working with Community Redevelopment Agencies on

redevelopment projects, including funding opportunities -- Preparation of the required studies and findings to support emine1

domain action by local government "' Extensive experience in the preparation of interlocal agreements,

developer agreements, and other intergovernmental agreements

Activities & Memberships

-- Chair of the Davie Area Land Trust, a S0l(c) 3 dedicated to provi, assistance to existing agricultural property owners

- Graduate of Leadership Broward class of 28 -- Former Board member, the Junior League of Fort Lauderdale; cur

sustaining member -- American Institute of Certified Planners, AICP ... American Planning Association (APA), Florida APA, and Broward A

Bar Admission Florida, 2008

Education -J.D., Nova Southeastern University, 2008 MURP, Eastern Washington University, 1995 BFA, University of Massachusetts, 1991

OUTLINE OF TESTIMONY BY JOHN A. ROBBINS, P.E. DABFET, FACFEI

March 22, 2011

Addressing the

Proposed A-1 Walee Construction Demolition Debris

and Recycling Facility

Introduction of John A. Robbins, P.E., DABFET, FACFEI

Registered Professional Engineer in Florida, North Carolina

and West Virginia. 36 years experience as an Engineer.

Attended University of Central Florida.

My testimony today is related to potential Air, Water and Noise Impacts to Surrounding Properties.

I have reviewed the staff report, site plan and the application to DEP for this project. These are my findings:

County staff reports potential nuisance impacts for the proposed facility to primarily include noise and fugitive dust produced by wood mulching and concrete crushing activities.

Dust from the concrete and its additives will create a breathing and eye irritant for workers at the site and people in surrounding area. Concrete dust with additives may contain chromium which is an eye and lung irritant. Concrete dust may contain silica. Silicosis, a lung disease, may occur from exposure to concrete dust containing silica.

Noise levels from concrete crushers can generate 120 db. The limit at the site property line can not exceed 75 db.

The dust from the proposed facility can be wind-driven and can be expected to be deposited in surface waters, on agricultural foliage in the surrounding areas to include citrus processing facilities and residential neighborhoods.

The proposed maximum height of stored debris piles may be as high as 25 feet. The proposed piles are significantly higher than the proposed 8 foot high site fence/barrier. Wind will have access to significant surface areas.

There is no plan for controlling dust and litter when the facility is not in operation.

This site will be infested with rats, mice, mosquitoes, flies and other small animals, as they inhabit landscape material, mulch and construction debris.

No vector control plan to address this issue has been provided.

Construction demolition and shredding materials stored outside will have rainfall passing through them. This will produce leachate which cannot be directed to the on-site stormwater detention system.

No provision for leachate control has been provided.

Leachate is when the water goes through the stockpiled material and comes out the other end. If it enters the storm water pond it will ultimately end up in waters of the State. This is prohibited by state law.

To protect our water resources a 200 foot setback from the stored material to the stormwater detention pond is required.

This has not been provided.

The concrete pad for processing of materials will direct runoff to a 5,000 gallon tank with chambers to collect the first flush of leachate and then flow to a dry retention system. If they do not account for the right account ofrainfall, again we have the possibility ofleachate entering the waters of the State.

The Operation Plan attached to the FDEP Permit Application does not specify quantities of material to be processed. No equipment capacities, specifications, types of shredders or concrete crushers were identified in the FDEP submittals. The concrete crusher is a mobile crusher and we do not know who is operating this use.

FDEP issued a Request for Additional Information related to the Application for Permit for A-1 Walee Recycling Center, LLC, Vero Beach. Ten (10) pages of additional information was requested. FDEP issued a Request for Additional Information related to an Environmental Resource Permit for this proposed facility. Three pages of additional information was requested.

It appears from review of the FDEP permit applications and FDEP correspondence significant data, plans, reports and calculations will be required for FDEP to determine compliance with applicable sections of the Florida Administrative Code.

Without knowing the safety mechanisms in place to protect the surrounding residents and uses, the applicant has failed to demonstrate how this use will not adversely impact the health, safety and welfare of the general public (Section 971.05(7)(c), a requirement of the Special Exception criteria.

In my professional opinion, this type of facility impacts the health, safety and welfare of the general public due to the proximity of the concrete and mulching operation to residential, farming, and cattle uses. Therefore, since the applicant has failed to satisfy criterion ( c), this application must be denied.

ACTIVE: 3270677_1

JOHN A. ROBBINS, P.E., DABFET,FACFEI Professional Engineer

Creative and Technical Consultant 1814 Commerce Avenue - Suite A

Vero Beach, Florida 32960 772/ 562-0787

EDUCATION

Bachelor of Science of Engineering, Concentrated Area: Civil Engineering & Environmental Sciences, Florida Technological University, Orlando, Florida Associate of Arts, Florida Junior College of Jacksonville, Jacksonville, Florida

AREAS OF SPECIALIZATION

Physical, chemical and biological processes; inventor of electric pulse process for treatment of pumpable foods, water and process water decontamination; ground water remediation; chemical and microbiological testing protocol development: design of physical, chemical, biological treatment systems for food, water and wastewater; water resource engineering; water and wastewater utility engineering; solid waste management and system design; construction management and inspection; project administration and management; drainage systems assessment; master planning and developmental planning for utility systems, subdivisions and light industrial parks; fire control system analysis; cost evaluation for engineered systems; governmental funding arrangements and analysis; environmental assessment and permitting; creative engineering applications related to materials analysis for artists; creative engineering applications for development of inventions to be patented. Creative consultant for aerial photographic and motion picture production company specializing in skydiving related activities. Producer and audio engineer for recording arts; recording artist and musician; producer of video and film projects; inventor.

EXPERIENCE

Currently owner of JOHN A ROBBINS, P.E., a professional consulting firm specializing in all phases of civil, process and environmental engineering utilizing creative and technical engineering solutions; Forensic engineering assessments.

Projects performed or currently in progress include:

o Inventor of an electric pulse process for the reduction of micro-organisms in a conductive medium using low voltage electric pulses; received U.S. Patent 6,331,321 and U.S Patent 6,787,105.

o Development of an electric pulse process for microbial reduction of microorganisms in food, water, cooling towers and surface waters; work included four years of research culminating in a letter of no-objection from the U.S. Food and Drug Administration; research included development of pilot and full scale

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process; development of laboratory testing protocols for microbiology, metals, organo-leptic properties and pathogen testing and validation studies.

o Development of a remedial action program for the reduction of Trihalomethane from public drinking systems to include development of sampling protocol and laboratory pilot program for the use of chloramation to control THM formation; lab study intended to develop time/dosage relationships; Wynne Building Corp., Port St. Lucie, FL.

o Former member of the executive committee of the Institute of Food Technologists Nonthermal Processing Division; provided testimony at USDA/FDA public hearings on food regulations; co-author of report on high pressure processing testing and reporting protocols; presenter and lecturer of new nonthermal processing technologies; co-author of white paper on Fresh Food Regulations; fresh food labeling committee member and co-author of report and petition for the changing of FDA labeling regulations.

o Currently serving as referral engineer for HBEL Laboratory, Palm City, FL; work primarily related to the development of environmental testing protocols and quality assurance programs.

o Continuing Education Lecturer for water and wastewater system operators; courses provide CEUs for state of Florida licensed operators.

o Consultant to the Florida Board of Professional Engineers; work related to the investigation and assessment of complaints filed regarding professional engineers' use of their seal and conduct.

o Preparation of FDEP well construction permit and engineer's certification of completion of construction to include resolution of FDEP enforcement matters, Blue Gill RV Park, Okeechobee, FL.

o Renewal of 150,000 gpd FDEP Wastewater Facility Permit for Savanna Club Property Owners' Association, Port St. Lucie, FL.

o Preparation of South Florida Water Management District Water Use Permit Renewal for Cinnamon Tree Property Owner's Association, Jensen Beach, FL

o Evaluation of Lake Worth Village water treatment system for Trihalomethane formation; created evaluation report for alternatives to achieve THM compliance; client Hometown American, West Palm Beach, FL.

o Evaluation of Faith Farm Ministries on-site water treatment system to determine requirements to achieve Trihalomethane compliance; work included re-implementation of activated carbon and ion exchange equipment.

o Audio enhancement consultant and expert witness for the recovering of audio information from taped sources; clients include State Attorneys in 19th District; Indian River County Sheriffs Department; City of Vero Beach Police

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Department; Florida Department of Law Enforcement; Multi-Agency Crime Enforcement Unit (MACE Unit) and private clients; work product confidential.

o Design, permitting and construction administration of effluent disposal system for 150,000 gpd wastewater system at Country Club Village; work included soils assessment, hydro geological assessment; 10 feet of soils exchange and installation of sheet pile divider wall for effluent pond isolation; St. Lucie County, FL.

o Evaluation of FDEP permit renewal of 150,000 gpd wastewater treatment and disposal system for Savanna Club Property Owners' Association; work included coordination of taking plant temporarily out of service and making repairs to tank walls; Port St. Lucie, FL.

o Evaluation of process water discharge from a citrus juice processing facility in Ft. Pierce, FL; work included development of laboratory testing protocol for effluent; determination and assessment of pretreatment systems for discharge compliance; client confidential.

o Preparation of Industrial Waste Discharge Application to Indian River County Utilities for the delivery of citrus juice processing effluent; Golden River Citrus, Vero Beach, FL.

o Evaluation of drainage and wetland mitigation systems for a planned 2,000 unit subdivision; work included infrastructure assessment; review of developer's engineer's certifications; on-site field assessment of lake slopes, construction methods; drainage conveyance systems, impacts to wetlands from ongoing construction; development of remedial actions; work performed as attorney's work product as part of project turnover from developer to property owners' association; assisted in negotiation of mediated settlement agreement with POA, developer and South Florida Water Management District; Savanna Club, Property Owners' Association, Port St. Lucie, FL.

o Evaluation and assessment of lake bank erosion for Westview Lakes master property owners' association; work performed as attorney's work product as part of medicated settlement agreement.

o Environmental assessment of 90-acre hydroponic indoor farming operation for the conversion to an aquaculture site; work included development of field sampling and laboratory testing protocols for site evaluation to include ground water, surface water and soils; testing performed for metals, pesticide/herbicides and hydrocarbon using monitoring wells, fuel flourescent detection devices and ground penetrating radar; Harbor Branch Oceanographic Institute, Fort Pierce, FL; work performed as attorney's work product.

o Preparation of a preliminary engineering report for upgrading the Country Club Village water treatment plant; work included development of process model to achieve compliance for trihalomethane using membrane softening process; Country Club Village Service Corporation, St. Lucie County, FL.

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o Development of wastewater treatment plant abandonment programs for Spanish Lake East and Spanish Lake Riverfront; work included assessment of Facilities and recommendation to abandon and connect to public utilities; abandonment plans included recommended methods of treatment tank demolition and disposal system elimination; Wynne Building Corp., Port St. Lucie, FL.

o Re-permitting of 938,000 gpd ultra filtration water plant concentrate disposal discharge for Spanish Lake Fairways water treatment facility; work included assessment of discharge to surface water management system, water quality evaluation; compliance requirements to obtain NPDES permit.

o Assessment of water quality and data reporting for trihalomethane compliance for Sunshine Meadows Equestrian Facility, West Palm Beach, FL.

o Composer, artist and producer of 74 minute long musical album project, "It's About Healing".

o Preparation of South Florida Management District water use permit application for on-site irrigation for the Cinnamon Tree Property Owners' Association, Jensen Beach, FL.

o Preparation of South Florida Water Management District water use permit application for St. Lucie Mobile Village potable water system, Indiantown, FL.

o Preparation of FDEP wastewater permit renewal package for 60,000 gpd wastewater facility at St. Lucie Mobile Village; Indiantown, FL.

o Preparation of FDEP wastewater permit renewal package for 30,000 gpd wastewater facility at Lake Manor Mobile Home Park, Jensen Beach, FL.

o Assistance with aquaculture permit from State of Florida for Maritime Aquaculture, Sebastian, FL.

o Development and implementation of water and wastewater treatment plant abandonment plans for River Landing Development, Palm City, FL.

o Preparation of Industrial Waste pretreatment application for connection of Harbor Island Citrus Packing facility to Indian River County Utilities, Vero Beach, FL.

o Development of remedial action plan for water system compliance for St. Lucie Mobile Village, Indiantown, FL.

o Development of laboratory sampling and testing protocols to assess major wastewater spill into the Indian River Lagoon near Fort Pierce inlet to determine effects of spill; Coastal Technology Corp., Vero Beach, FL.

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o Preparation of FDEP permit application for temporary operation of wastewater facility administered under a consent agreement with State of Florida, attorney's work production; Ocean Harbor South Condominium Association, Ft. Pierce, FL.

o Assistance in the evaluation of the St. Lucie West reverse osmosis water treatment system and well fields to access requirements for maintenance and potential system upgrades prior to sale of utility; St. Lucie West, FL.

o Evaluation of Fire Control System and system failures to Turtle Reef Club, Jensen Beach, FL; work included full scale hydrant testing of public fire mains with pumper engines from fire department.

o Evaluation of site drainage and on-site septic system for Franz and Cynthia Uhr; work included determination of FAC code compliance of Department of Health and Martin County Building Department; client was co-defendant with Martin County Environmental Health Unit; work performed as attorney's work product and expert witness testimony; Palm City, FL.

o Acoustic assessment of Vero Beach Country Club's main gathering areas to attenuate sound reflections and noise reductions.

o Evaluation and experimental process development for citrus processing facility located within the Department of Corrections Facility at Okeechobee, FL; work included assessment of citrus processing unit operations and water use; development of testing protocols and constituent assessment; development of process alternates and pilot scale bench testing of membrane treatment process; Pride/ONE, Okeechobee, FL.

o Design, permitting and construction administration for the connection of River Landing subdivision to Martin County Utilities; work included assessment of failure of on-site utility systems; coordination with Martin County for the formation of a Municipal Services Benefit Unit and development of a plan to extend regional utilities along Mapp Road in Palm City, FL.

o Development of preliminary engineering assessment of on-site treatment and disposal options versus connections to public utilities for the combining of two existing wastewater utilities into a single regional treatment system using sequencing batch reactors, dual sand and membrane filtrations along with Type V-shallow saline barrier injection wells; Wynne Building Corp., Port St. Lucie, FL.

o Evaluation of effluent disposal system failure modes of Spanish Lake Riverfront wastewater facility; Wynne Building Corp., Port St. Lucie, FL.

o Evaluation of treatment plant and disposal system for long-term FAC compliance for Spanish Lakes East wastewater facility; Wynne Building Corp., Port St. Lucie, FL.

o Preparation of Industrial Waste Discharge Permit Application for the connection

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of Quality Packers' citrus packing facility to Indian River County Utilities, Vero Beach, FL.

o Preparation of FDEP Industrial Wastewater Permit for a closed-loop water recycling facility for truck washing at Fellsmere Farms; Sun-Ag, Inc., Fellsmere, FL.

o Co-producer and production manager for 35 mm film, "Willing To Fly'' produced by Norman Kent Productions; work included coordination of filming, scripting, casting, resource management and aircraft operations of skydiving related film.

o Evaluation and re-permitting of Savanna Club Wastewater Facility for the Savanna Club Property Owners' Association to include design modifications for stand by power and air handling equipment, Port St. Lucie, FL.

o Administration of transfer of South Florida Water Management District permits for the South River Property Owners' Association, Stuart, FL.

o Evaluation of drainage impacts from encroaching developments for Cinnamon Tree Homeowners' Association. Developed and implemented mitigation plan with adjacent land owners, Jensen Beach, FL.

o Evaluation of prototype water treatment system for investor; evaluation of potential failure modes; identification for potential microbiological contamination; recommended user be tested for legionella bacilla; test positive; Melbourne, FL.

o Evaluation of environmental audits for HAZ-MAT spill at abandoned airport and recommended Phase II Environmental Audit Protocol; Hibiscus Airport, Vero Beach, FL.

o Evaluation of paving and drainage system for modes of failure for the Isle of Lombardi Homeowners' Association; determined cause of failure and prepared reports as attorney's work product, St. Lucie County, FL.

o Special utilities consultant to the City of Fellsmere, FL; evaluation of failure modes of municipal water system; provide recommendations for system enhancements.

o Evaluation of wastewater treatment system for compliance to state standards and prepare report to LaBuona Vita Homeowners' Association, Port St. Luce, FL.

o Consulting engineer to Vista St. Lucie Homeowners' Association to analyze abandonment of on-site water system and connection to public utilities; evaluation of regulatory compliance requirements, water supply and treatment conditions; assist in negotiation of connection agreements; attorney's work product expert witness, Port St. Lucie, FL.

o Attorneys' work product and expert witness representing Tanglewood Village Mobile Home Park original owners to include evaluation of original construction

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cost; replacement costs and cost to connect to public utilities; forensic analysis of treatment facilities, Indian River County, FL.

o Evaluation of process compliance requirement for Orchid Island Juice Company, Vero Beach, FL.

o Consulting engineer and attorney's work product for evaluation of flooding conditions and structural pavement failures for Pinecroft Condominium Association, Martin County, FL.

o Consulting engineer for Whispering Creek Mobile Home Park developing program for connecting existing facilities to public water and wastewater system to include design, permitting and construction administration of water supply mains, phased replacement of water distribution system; design, permitting and construction administration of new master wastewater pumping station; force main and transmission main; supervised removal of abandoned facilities, Ft. Pierce, FL.

o Consulting engineer for Sun-Ag, Inc.'s farm labor housing project for the purposes of analyzing on-site water system versus connection to public utilities to include value engineering cost analysis.

o Consulting engineering and attorney's work product assistance for the evaluation of the complete infrastructure at Meadowood Golf and Country Club, Fort Pierce, Florida; work included evaluation of 25,000 L.F. of paving, evaluation of drainage and gravity sewers; evaluation of water and wastewater facilities for the purpose of defining corrective actions and estimations of cost.

o Consulting engineering to assist Nevin's Fruit Company, Mimms, Florida with FDEP Industrial Wastewater permitting related to a 25,000 gpd citrus rinse water disposal system. Also provided assistance with issues related to rinse water raw water supply.

o Domestic Wastewater Treatment and Disposal System for a FDEP operating permit renewal for Sun Ag, Inc's. 10,000 gpd domestic wastewater treatment plant at Fellsmere Farms, Fellsmere, Florida.

o Planning and preliminary design of a 20,000 gpd reverse osmosis water treatment system for a single family residence with botanical garden on Jupiter Island, Hobe Sound, Florida; design includes irrigation system with multisource liquid fertilization system. Client - Mr. and Mrs. Joe Duke

o Evaluation of effluent disposal system alternatives for an existing 300,000 gpd wastewater treatment and disposal system; work included evaluation of three different disposal sites; evaluation of soil types to include deep soil testing; selection of prime disposal site and coordination of hydro geological testing. Client - Wynn Building Corp., Port St. Lucie, Florida.

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o Producer, musician and audio engineer for the preparation of an original soundtrack for a skydiving educational video project; work included audio support for a one-hour video titled "Skydive 100". Client - Skydive University.

o Evaluation of Little Toe River watershed for Avery County North Carolina to include review of rules and jurisdictional determinations; evaluation of water quality data from surface waters and ground waters; provide expert opinions to Avery County's special attorney and County Commissioners concerning environmental issues associated with the State of North Carolina's Watershed Protection Act; provide expert opinions concerning building permits, federal permitting procedures and assist Avery County attorney's in litigative efforts against the Town of Spruce Pine, North Carolina.

o Planning, design and FDEP Industrial Wastewater Construction permitting for a 50,000 gpd citrus rinse water disposal system for Sun Ag, Inc; a 24,000 acre farm in Fellsmere, Florida.

o Preparation of FDEP Domestic Wastewater Operating Permit submittal Package to FDEP for renewal of Holiday Inn at Jensen Beach; work included all tasks required to obtain permit.

o Evaluation of on-site and off-site drainage systems for Cinnamon Tree Property Owners' Association so as to alleviate periodic flooding; work included assessment of regional drainage patterns; determination of corrective actions; Martin County, Florida.

o Design of residential reverse osmosis water system and irrigation system for 42 acre residence of Mr. and Mrs. George Moss, Wabasso, Florida.

o Evaluation of the water and wastewater facilities at Marsh Island Resort, Wabasso, Florida; evaluation was for the purpose of determining the original cost of the utilities so as to include cost in settlement litigation; work was used as attorney's work product; client - Becker and Poliakoff, Attorneys-at-Law.

o Project Manager for the design and site plan approval process for the proposed additions of multifamily living units to the Welter Chiropractic Center of Vero Beach, Florida.

o Environmental assessment of approximately 400 acres of land proposed as a solid waste recycling facility representing the surrounding property owners' association of Stuart West. Work included documentation of wetland environment utilizing helicopter photographic survey and data assessment; presentations at Town Meeting and testifying at Public Hearings in support of Stuart West's petition to the Board of County Commissioners to not rezone the subject site.

o Evaluation of proposed roadway improvements to S.R. 76 Stuart, Florida for the property owners of Riverland Mobile Home Park; evaluation provided design

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changes to FDOT designs so as to minimize impacts to residents.

o Connection of Ridgecrest Mobile Home Park's water distribution system to Ft. Pierce Utilities Authority public water system. Evaluation of on-site wastewater facility; assistance with and negotiation of Consent Final Order between Ridgecrest Mobile Home Park and the U. S. Environmental Protection Agency related to wastewater enforcement actions.

o Evaluation of wastewater disposal system of Whispering Creek Mobile Home Park to determine impacts associated with run-off from FDOT highway drainage system. Evaluation of on-site storm water routing. Evaluation of water and wastewater system for consideration of connection to public utilities.

o Evaluation of water supply, treatment and storage systems for U.S. Navy Underwater Testing Facility, Andros Island, Bahamas. Work included on-site inspection of rain water catchment system, infiltration gallery, shallow supply well system; review of historical groundwater and hydro geological reports; review of historical operations of the water treatment systems which included a reverse osmosis and multi-media filtration treatment systems operating in parallel; review of island water resources and sources of water resources contamination; literature review of water sources of Bahamian islands; preparation of preliminary assessment report and development of preliminary contamination assessment program'; recommendations of process selection for long-term water treatment. Client: General Electric Government Services.

o Evaluation of ground water contamination from petro-chemicals and rinse water system evaluation for Quality Fruit Packers, Vero Beach, Florida. Work included identification of off-site contamination source, review of data collected by others and recommendations for long-term monitoring. Review of designs of rinse water recycle systems.

o Development of a ground water testing program and pollution assessment related to benzene contamination of ground water for Ven-Mar Irrigation Systems, Vero Beach, Florida. Work included review of designs by others and recommendations for corrective action.

o Master planning for phased expansion of a reverse osmosis water treatment for Holiday Pines Service Corporation, St. Lucie County, Florida. Work included development of phasing components to expand an existing water system from 238,00 gpd to 952,000 gpd.

o Special consultant to Flyaway, Inc., Pigeon Forge, Tennessee, a vertical wind tunnel facility for the development of human flight. Evaluation of mechanical components; development of testing procedures for parachuting equipment; development of training programs for the teaching of human flight; research and data collection.

o Design and permitting of a weir ditch block system to stabilize an on-site lake

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system for Twin Lakes South development, Martin County, Florida. Work also included environmental permitting and permitting through the Florida Department of Transportation.

o Preliminary process designs and environmental permitting for Sea-Ag, Inc. of St. Lucie County, Florida. Project includes development of treatment processes to treat effluent from an aquaculture system.

o Design review of brackish water reverse osmosis water treatment system and review of expansion design of water system for Sunnyland multifamily development on the barrier island in Brevard County, Florida. Client: Mosby and Associates, Consulting Engineers.

o Evaluation of water, wastewater and fire control systems for South River Condominium Association, Stuart, Florida. Work included compliance inspections and assistance in developing a stipulated settlement agreement between the developer and condominium association.

o Design of on-site water, wastewater and fire support system for the Environmental Learning Center in Indian River County, Florida. Work included master-planning a phased construction program for an environmental education facility to be constructed on an island located in the Indian River. Master plan concepts included development of plans to construct a solar powered reverse osmosis water treatment system and solar powered wastewater system.

o Evaluation of wastewater treatment and disposal system for St. Lucie Mobile Village, St. Lucie County, Florida. Work included preparation of evaluation report to describe recommended improvements and cost estimates to expand the facility; worked as attorney's work product in development of a Consent Order.

o Evaluation of brackish water reverse osmosis water system for Sand Dollar North Condominium Association, Jensen Beach, Florida. Work included evaluation of equipment and deep well water supply; development of alternatives for water supply and treatment and recommendations to connect to regional water system to include fire system analysis, design of booster pumping system for high-rise buildings and standby power.

o Producer and audio engineer for preparation of music album project, "The Bluetones, Let It Rain", released on compact disc format and cassette. Work included all digital mastering and audio work, graphic arts, script and layout for album project.

o Preparation of construction drawings to abandon an on-site reverse osmosis water system and provide connection to Martin County Utilities for River Club, Jensen Beach, Florida. Work included assistance in negotiations of FDER consent order and cost assessments.

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o Stunt coordinator and production assistant to Big Sky Films, Whitefish, Montana; work involved skydiving stunts on the Island of Bali, Indonesia; working with Indonesian Military to prepare 70 mm film project for I-MAX presentation.

o Preliminary and final design of tertiary wastewater treatment and disposal system for 350 unit up-scale multifamily development on the barrier island, St. Lucie County, Florida; development of innovative wastewater disposal system which was designed to help stabilize sand dune vegetation and environmental permitting. Client: Hutchinson Island Partners, Ltd., Miami, Florida.

o Water and wastewater system evaluation for 512 unit, multifamily development in Stuart, Florida. Work included preparation of design concepts to eliminate on-site systems and connection to Martin County public utilities; preparation of all construction drawings; environmental permitting and coordination of removal of abandoned utility components and site restoration; preparation of water use assessment for irrigation purposes and permitting client, Vista Del Lago Condominium Association.

o Wastewater system evaluation and environmental permitting for Riverland development, Stuart, Florida. Work was related to evaluation of surface water discharge of wastewater and environmental assessments.

o Utilities consultant to Holiday Out Utility Corporation; work included evaluation of existing wastewater systems, infiltration study of collection system and overseeing rehabilitation; environmental permitting and design of system expansion.

o Wastewater consultant to Savanna Club Corporation, developers of a 2,300 unit manufactured housing development. Work included wastewater system evaluation and design of phased expansion plan; preparation of 15 year present worth analysis of private vs public wastewater service and utility consultations; St. Lucie County, Florida.

o Special utilities consultant to Council of President of Hutchinson Island, St. Lucie County, Florida. Work has included review of regional wastewater alternatives for the barrier island to include site and soil assessments, cost assessments, review of data and reports by others and expert witness testimony, wetlands evaluation. Council of Presidents represents 26 condominium associations comprising approximately 5,500 living units.

o Rinse water disposal system evaluation and final design of an industrial waste disposal system for H&S Citrus, St. Lucie County, Florida. Work included environmental permitting, development of process alternatives and assistance in developing a FDER Consent Order.

o Special utilities consultant to North Hutchinson Utilities, St. Lucie County,

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Florida. Work includes construction inspections and utility negotiations related to water and wastewater systems on the barrier island, St. Lucie County, Florida.

o Evaluation of existing water and wastewater systems for the South River development, Stuart, Florida. Work included compliance review of utility systems and assistance in negotiating final stipulated settlement agreement between developer and condominium association.

o Evaluation of East Coast Packers citrus packing facility rinse water process stream for determination of disposal alternative; Fort Pierce, Florida.

o Evaluation of failed effluent disposal system for Sea Winds Wastewater Facility and preparation of emergency construction program for construction of new disposal system to include environmental permitting and expert witness testimony to develop a FDER consent order.

o Preparation of Capacity Evaluation Report to support utility rate request for water and wastewater systems for Holiday Pines Service Corporation to include expert witness testimony at Public Hearings on utility matters.

o Water quality evaluation and process system design for 238,000 gpd ultra filtration (reverse osmosis) water treatment plant modification and expansion for Holiday Pines Service Corp., Holiday Pines Subdivision, St. Lucie County, Florida.

o Evaluation of water quality data, evaluation of water resource investigation, system modeling for treatment alternatives, preliminary and final process design for a 938,000 gpd ultra filtration (reverse osmosis) water treatment system for Spanish Lakes Fairways Development, St. Lucie County, Florida.

o Operational analysis and preparation of FDER operating permit application for 60,000 gpd wastewater treatment and disposal system for Ocean Harbor South Utility Corporation, Ft. Pierce, Florida.

o Design of water system improvements for abandonment of existing private reverse osmosis water system and connection to public water supply for Ocean Harbor South Utility Corporation, Ft. Pierce, Florida.

o Development of program for containment and abatement of sanitary hazard due to failed wastewater treatment and disposal system to include expert witness testimony for court appointed utility receiver. Client _ Hallmark Property Management, Stuart, Florida.

o Wastewater treatment and disposal system alternatives analysis for Sand Dollar Villas Condominium Association to include evaluation of existing facilities and development of a long-term wastewater improvements program, St. Lucie County, Florida. Work performed as attorney's work product; expert witness at

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hearings, court-appointed engineer to assist court-appointed receiver.

o Effluent disposal system analysis to include hydro geological investigation and wastewater treatment plant analysis of existing system and redesign of failed effluent disposal system to include construction administration, Oceana South Association, Jensen Beach, Florida.

o Water and wastewater system evaluation for Cinnamon Tree Property Owners association to include hydro geological investigation of the effluent disposal system, emergency construction coordinator for a failed effluent disposal system, Jensen Beach, Florida.

o Creative engineering consultant to the Phillips Group, Inc., Vero Beach, Florida. Work includes evaluation of materials to be incorporated into fine art.

o Development of inventive concepts utilizing engineering technology for products to be patented. Work involves preparation of fabrication drawings for prototype production, supervision of fabrication and testing. Clients and products confidential.

o Special engineering consultant to Indian River Federal Savings and Loan, Vero Beach, Florida. Services have included verification and evaluation of construction payment request for construction loans and certification of percent completion of project as independent third party.

o Consultant and agent for Norman Kent Productions, Inc., Hollywood, CA. Work includes script writing; technical consultant for production of skydiving related photography, motion picture production and video cassette short films.

o Evaluation of industrial acid-etching system for pretreatment of metals prior to fabrication for Piper Aircraft, Vero Beach, Florida. Work included evaluation of combining acids, neutralization requirements of waste stream and final effluent quality.

o Evaluation of wastewater treatment and disposal system for Holiday Inn _ Oceanside, Jensen Beach, FL. Work included redesign of treatment and disposal facility, biological process analysis, construction administration for redesigned disposal systems and coordination of hydro geological investigation.

o Evaluation of wastewater disposal system including hydro geological investigation and development of corrective alternatives for Indian River Point Homeowners' Association, Jensen Beach, Florida.

o Design of reverse osmosis water treatment system expansion of existing water treatment system for Holiday Pines Subdivision, St. Lucie County, Florida.

o Development of monitoring plan and long-term wastewater alternative analysis for inclusion in FDER Consent Order for Our Place Restaurant, Ft. Pierce, Florida. Client: Sea Wind Group. Served as attorney's work product.

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Principle in the firm of Mosby-Robbins and Associates, Inc., Vero Beach, FL 1984 to February 1986.

o Feasibility analysis and preliminary land planning concept for a 20 acre environmentally sensitive residential land tract in Sebastian, Florida.

o Revisions and drawing modifications to The Moorings Development advanced wastewater treatment facility and effluent disposal system, Vero Beach, Florida.

o Sanitary survey, permitting and design of wastewater treatment and disposal system for Father & Son Plaza, Sebastian, Florida.

o Permitting and design of wastewater treatment and disposal system for Tony's Oak Terrace Restaurant, Vero Beach, Florida.

o Feasibility analysis for new skydiving facility at DeLand Municipal Airport for DeLand Aviation Service, DeLand, Florida.

o Design of wastewater treatment and effluent disposal system for photographic processing system for Vista Chrome, Inc., Tallahassee, Florida.

o Hydraulic analysis and preliminary culvert design for a bridge replacement at Tarpon Lake Village, Clearwater, Florida.

o Environmental assessment of the Lake Gertie drainage basin and recharge area for presentation at public hearing before Volusia County Commission. Client: Mr. & Mrs. William Price, DeLand, Florida, and Liles Construction Company, Montgomery, Alabama. Served as attorney's work product and provided testimony at Public Hearings.

o Evaluation of water and sewer utility rate proforma representing the customers of the system. Preparation of a revised utility proforma to include presentation before Indian River County Commission at public hearing. Client: Breezy Village Homeowners' Association. Served as attorney's work product and provide testimony at Public Hearings.

o Preparation of consumptive use permit application for Village Green East water supply; submitted to St. Johns River Water Management District. Client: Florida Atlantic Associates, Vero Beach, Florida.

o Preparation of engineering analysis of an existing evapo-percolation pond effluent disposal system under citation by FDER. Client: Florida Atlantic Associates, Vero Beach, Florida.

o Infiltration analysis and design of repairs for sanitary sewer system, Beachwood Villas Condominium, Jensen Beach, Florida.

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o Civil Engineering Project Manager and FmHA coordinator for Victory Park, a farm labor housing multi_family development for the Indian River County Housing Authority, Vero Beach, Florida.

o Preparation of inspection and engineering report to substantiate condominium transfer from developer to association for Riomar Condominium Association, Vero Beach, Florida.

o Coordination of ocean front storm erosion repair to Riomar Sands Condominium, including DNR emergency permitting, Vero Beach, Florida.

o Evaluation and report preparation for a reverse osmosis water treatment system and wastewater treatment system for Ocean Harbor Sou th Condominium, St. Lucie County, Florida.

Branch office manager of multi-disciplinary engineering office for Sverdrup & Parcel and Associates, Inc., Vero Beach, FL from 1978 to 1983.

o Responsible for all business and technical activities.

Project manager and design engineer for Sverdrup & Parcel and Associates, Inc., 1976 to 1983.

o Project manager and process engineer for the master planning, design, contract administration, construction surveillance and start-up of the South County Water System, Indian River County, Florida. Phase I construction included deep wells, 2.5 mgd reverse osmosis treatment, storage and pumping facility and 58,000 L.F. of distribution system. Master planning provided for conceptual design and layout of a 17 MGD brackish water R.O. System.

o Preparation of engineering report to support $2. 75 million revenue bond issue to expand Indian River County's water and wastewater system, including expert witness testimony at bond hearing.

o Project manager and author of preliminary engineering and feasibility reports for South Beach Water System for Indian River County, Florida.

o Project Manager for design of South Beach Water System, Indian River County, Florida. Assisted in design, represented Owner in development of inter-local water and wastewater agreement and negotiation of land acquisition.

o Preparation of application for $2.75 million funding submitted to FmHA for Indian River County, Florida, to construct expansion of South County Water System, and Treasure Coast/Ixora wastewater system improvements.

o Utility and engineering evaluations of Treasure Coast and Ixora Utilities for the purpose of purchase by Indian River County, Florida.

John A. Robbins 16

o Project manager for Pebble Bay wastewater system improvements. System included modifications to existing collection and pumping system, new master pumping station and force main.

o Project manager for wastewater system improvements for the Town of Indian River Shores, Florida. System included new collection, pumping and force main system. Project went to litigation with contractor; served as expert witness during trial for Town of Indian River Shores.

o Project manager for 18 acre subdivision design, Treasure Coast Village, for Indian River County Housing Authority. Included preliminary design of subdivision, platting, water and wastewater system, roadways and drainage, and FmHA approvals.

o Special utilities consultant to the Board of County Commissioners of Indian River County, Florida. Assisted Board in development of inter-local water and wastewater agreements with City of Vero Beach, Florida, and Town of Indian River Shores, Florida. Evaluation of water and wastewater systems for acquisition by County, to include Mid-Florida, Treasure Coast, Vista, Pebble Bay and Ixora systems to include expert witness testimony for utility assessment.

o Project manager for Indian River County Bridge Inspection Program. Assisted county in acquisition of Wabasso bridges from Department of Transportation.

0 Project engineer and improvements. System elevated storage tank.

design engineer for Gifford area water system included pumping, transmission, distribution and

o Project manager and process engineer for Gifford area wastewater system improvements. System included 100,000 gpd contact stabilization treatment facility with evapo-percolation ponds for effluent disposal, two pumping stations and force main. Provided expert witness testimony for administrative hearing to obtain permits.

o Project manager, process engineer, construction inspection and start-up of Village Green East, 100,000 gpd reverse osmosis water treatment system, Vero Beach, Florida.

o Process engineer for 80,000 gpd reverse osmosis water treatment system for Tropic Villas Condominiums, Vero Beach, Florida.

o Effluent disposal system experiments and design analysis for Village Green East wastewater system. Included construction supervision and testing of full scale pilot disposal ponds.

o Project manager of Indian River County 201 facilities plan from 1981 to 1983.

o Preparation of engineering report for water system improvements for South Municipal Taxing District, Indian River County, Florida, to support permanent financing of $5.825 million revenue bond purchase by Farmers Home

John A. Robbins 17

Administration, preparation of pre-application for financial assistance from FmHA and project liaison between FmHA and Indian River County from 1978 to 1983. Served as expert witness for bond validations.

o Assisted Indian River County in the organizing and development of a county owned and operated water and wastewater utility system; served as expert witness for utility acquisitions.

o Project manager, design engineer and construction inspector for runway improvements and navigational modifications to Lake Wales Municipal Airport, Lake Wales, Florida.

o Project engineer and design engineer for structural additions, traffic handling and site improvements for Shell Elementary School, Hawthorne, Florida. Client: Alachua County School Board.

o Project manager and process engineer for design of advanced wastewater system including aesthetic considerations for site planning for 8,000 unit condominium project in Riyadh, Saudi Arabia.

o Design engineer, chief inspector and resident engineer for construction of 55,000 L.F. of gravity sewers and five pumping stations for City of Eagle Lake, Florida.

o Instrument operator for topographic survey of the entire towns of Groveland and Mascott, Florida, to support the engineering dysign of a regional wastewater collection, pumping and treatment system '

o Project engineer for the master planning of a 2,000 acre industrial park for the Glynn County Development Authority, Glynn County, Georgia. Master Planning elements included. Elements included roadway layout, water and wastewater systems, drainage, land development, street lighting and traffic control.

o Project and design engineer, Phase I improvements of Glynnco Industrial Park, Glynn County, Georgia. Improvements include modifications to existing roadways, construction of new water mains and gravity wastewater system.

o Project engineer for sewerage system evaluation study for Sunland Training Center, Gainesville, Florida. Study included inflow/infiltration analysis and evaluation of existing wastewater pumping and treatment system. A cost evaluation and analysis to determine best improvement scheme. Client: Florida Department of General Services.

Chief Bridge Inspector for the City of Jacksonville, FL

o Organization of City of Jacksonville's bridge inspection team.

o Inventory and preliminary inspection of 288 bridges within the City of Jacksonville, Florida. Evaluation of bridge conditions in accordance with Florida Department of Transportation's bridge evaluation coding system.

o Construction of visual display map of Duval County/City of Jacksonville, depicting bridge locations, FDOT / Jacksonville bridge numbers, present bridge condition and critical situation.

John A. Robbins 18

Project engineer/design engineer, Bessent, Hammack and Ruckman, Inc., Jacksonville, FL

o Design of 60 acre private sanitary landfill including leachate treatment, preparation of all permits, development of construction and operating procedures, Jacksonville, Florida.

o Design and permitting of sand filtration wastewater treatment system for Southern Bell Coin Handling Facility, Jacksonville, Florida.

o Design and permitting of pumping station and force main for Trout River Fish Company, Jacksonville, Florida.

o Design and permitting of oil/water separation unit, pumping station and force main for U.S. Department of Navy, Mayport, Florida.

o Design of modification and expansion of wastewater treatment system for Mobile America Village, Jacksonville, Florida.

o Preparation of engineering report portion of utilities ari:hual report to the Public Service Commission to support rate change for Mobile America Village, Jacksonville, Florida.

o Design and permitting expansion to existing wastewater treatment system. System capacity to 100,000 gpd utilizing contact stabilization and evapopercolation ponds. DeLeon Shores, St. Johns County, Florida.

o Design, permitting, construction surveillance and start-up of expansion of existing wastewater treatment and disposal system for Wonder Wood Mobile Home park, Mayport, Florida. Design required special biological process design and unique hydraulic evaluation.

o Preparation of operation and maintenance manuals for El Auga Developments wastewater treatment facility, Jacksonville Beach, Florida.

o Design and permitting of lime soda water treatment facility for Broward County Correctional Institute. Staff engineer for design of advanced wastewater treatment system to include nitrification/ denitrification for Broward County Correctional Institute. Client: State of Florida.

o Preparation of construction standard specifications and standard details for water and sewer utility company. Client: Jax Suburban Utilities, Div. of General Water Works Co.

o Original cost determination and replacement cost analysis for water and wastewater systems so as to prepare an engineering report to Public Service Commission and rate hearing, Charter Land and Housing Corp., Jacksonville, Florida.

o Evaluation of fire control systems for Orange Park Mall, Orange Park, Florida, and Regency Square Mall, Jacksonville, Florida.

John A. Robbins 19

Design draftsman and surveyor, Central Florida Engineering Services, Orlando, FL

o Field surveyor of traffic accident scenes to support expert witness testimony for litigation.

o Preparation of graphic exhibits for legal proceedings to support expert witness testimony.

o Construction of electronic simulator equipment used to support expert witness testimony.

Design draftsman and surveyor, Bessent, Hammack and Ruckman, Inc., Jacksonville, FL

o Preparation of construction drawings and cost estimating for water, sewer, roadway and land development projects.

o Design layout and drawing preparation for water and wastewater treatment facilities.

o Coordination of all field survey parties and survey assignments during design participation of Jacksonville Sewer Bond Program projects.

o Instrument operator and party chief for special field work.

Design draftsman and surveyor for Fred Wilson and Associates, Jacksonville, FL

o Preparation of construction drawings for single/multi-lane highway projects, structural detailing of concrete and steel bridge structures.

o Preparation of construction take-off for cost estimating for bridges and highways; development of computer program to balance cut-fill for earthwork in highway projects.

o Rodman/Chainman for office survey team which performed topographic surveys and construction staking.

Instrument operator/party chief for John Hartman, R.L.S., Jacksonville, FL

o Boundary and topographic surveys; mortgage surveys, roadway, drainage and lot staking for large land developments; tree surveys, aerial survey layout and target setting; construction staking for building foundations.

Structural design draftsman, Sverdrup & Parcel and Associates, Jacksonville, FL

o Preparation of construction drawings, detailing, quantity estimating for highway, interstate and railway bridges.

o Structural design detailing of concrete, wood and steel bridge structures and

John A. Robbins 20

building foundations, checking of shop drawings for bridge, water and sewer construction projects.

o Preparation of standard details for bridge and highway projects.

Fabrication design draftsman, J.C. Renfroe and Sons, Jacksonville, FL

o Preparation of fabrication drawings for the manufacturing of components for steel lifting equipment.

o Preparation of templates for use by automatic burning equipment; construction and design of jigs for automatic drilling and machining equipment.

o Preparation of patent drawings for steel lifting equipment.

AFFILIATIONS

American College of Forensic Examiners American Water Works Association Water Environment Federation Florida Water Environment Association Florida Water and Pollution Control Operator's Association National Audubon Society_ Florida Audubon Society United States Parachute Association National Space Society The Planetary Society The Institute of Food Technologists

REGISTRATIONS

Registered Professional Engineer, State of Florida Registered Professional Engineer, State of North Carolina Registered Professional Engineer, State of West Virginia

AWARDS & HONORS

Fellow of the American College of Forensics Examiners Institute Diplomate of the American Board of Forensic Engineering and Technology Phi Theta Kappa (National Honors Fraternity for Jr. Colleges) Florida Engineering Society's Environmental Engineering Scholarship for 1973_1975 Order of the Engineer Member 1985 United States Skydiving Team 1985 National Skydiving Champion Four-Way Relative Work World Skydiving Champion Sept. 1985 _ Sept. 1987 Four-Way Relative Work Member of 1988 Seoul Olympic Skydiving Exhibition Team Recipient of 1989 Telly Award for Sports Films as Co-Producer of "From Wings Came Flight". Recipient of the Communicator Award's Crystal Award of Excellence for Music Production and Original Music Composition for the Record project, "It's About Healing" for 2001-2002. Co-founder Indian River County Environmental Learning Center.

Entered the Engineering Profession in 1967

Speech of Dr. Scarlatos

Good Morning Mayor and Commissioners. My name. is Dr. Pete Scarlatos. I am currently a full professor and the Chairman of the Civil, Environmental and Geomatics Engineering Department at Florida Atlantic University. I hold a Doctorate Degree in Civil Engineering and my complete resume has been submitted for the record.

As it relates to my testimony today, I have in-depth experience and knowledge in the areas of: Water Resources Engineering: focusing on river/estuarine/coastal hydrodynamics and sediment transport; and Environmental Engineering in the areas of aquatic pollution, solid and hazardous waste,an·d pollution prevention. I have also worked in a variety of infrastructure related issues.

In the 1990's I was the principle investigator for the United States Army Corps of Engineers relating to the St. Johns River water contamination levels and I have also worked'. in projects with the Florida Center for Solid and Hazardous Waste Management

In addition, and most ·notably, I worked for over a year as a principle investigator on a state funded project in which I inspected numerous concrete recycling and mulching fac_ilities like the one proposed today to learn all aspects of the operation and to determjne if the end product produced could actually be reused.

After reviewing countless· samples throughout the state, our final report revealed that MOST of the material could not be reused due to the high amounts of hazardous chemicals produced .. Our teams findings led the state to determine that without testing each sample, NO recycled material could be used in or around any residential development.

Over the course of the entire year: I had the ·opportunity to see first-hand the filth and adverse environmental conditions created by these facilities and I also witness first hand how these sort of operations try to avoid government oversight and almost any regulation.

I remember going to one of those recycling facilities unannounced and saw smoke pouring out of piled debris. I then realized that the facility operators were burning off unusable debris so that they did not have to pay to bring the material to the landfill.

Each day hundreds of dump truck arrive, get weighed, and then tip their entire loads into piles all around the property. No one inspects the trucks before they dump their loads, and after they dump their loads they have already paid the facility, and simply drive away, leaving the facility to deal with the contents, whatever they may be.

Some times these facilities have low-skilled sorters, who pick through the piles in an attempt to pull out the inappropriate matter, .but most of the time the entire content gets grinded by the mulcher or crushed by the enormous machines.

When you think of a mulching, many of you probably think of landscape debris, but this cannot be further from the truth. The rnulcher is used more for chopping up wood and other material found in construction debris, and it is used much less for landscape waste, which after all is not collected from construction and demolition operations.

On one of my inspection days, I watched the contents of an old house being brought to one of these facilities. · The concrete, rebar, flooring, painted and wall papered drywall went to the· crusher, and everything else, including rugs soaked in solvents, and adhesives was placed into the mulcher.

As a direct result of my investigation, I can tell you first hand how dangerous these facilities are. As you heard from Mr. Foulks, construction and demolition debris can include just about anything from pressure treated wood, laced with arsenic, .asbestos flooring, lead .pqint, adhesives, and everything in between.

Since many of these· toxins are odorless and colorless, it virtually impossible for ANYONE to have the knowledge or expertise to identify toxic

agents that can\ cause damage to the environment and· humans without testing every piece of material that enters the facility before it is unloaded.

Just to show you how impossible this would be, someone would have to dig through every dump truck testing the adhesives used in cabinets, wallpaper and flooring, arsenic found in wood, lead paint from _drywall, and asbestos from ceilings and flooring, before they could even offload the contents. Sample collection and chemical analyses of the_ construction and demolition debris to identify those hazardous materials is a very complex, tedious, and expensive operation that requires the use of State approved laboratory facilities.

The materials found ,in construction debris can be toxic and once they are modified from a solid state, they become even more dangerous.

By way of example, take for 'instance a piece of drywall covered with lead paint, which was ·only banned in. r~sidential develo_pment in 1978. If you have a solid piece of drywall it is easy to control its disposal. Now take that piece of drywall and pulverize it into a powder form. What has now happened to that lead .paint? ·.

Now you have a catch 22.· If you spray water on it, it will surely enter the ground water, and if you do nothing, the slightest wind wili carry these lead particles for miles. We need also to remember that recycling facilities can accept construction and demolition debris from industrial facilities.

As you can see by these photographs, the sorting_ process is very rapid and the experience and qualifications level for the sorters i_s so low, that most of the facilities hang a small piece_of certain waste,, such as glass, cardboard, rug, etc. so that the sorters would know what to look for.

As my photographs will show you, paint cans, · and related harmful construction debris if they are found, get piled up for an indefinite amount of time and many times are eventually improperly crushed or mulched so that the operator will not have to pay the proper disposal fees.

Lets now look at different types of pollution generated by these facilities.

Air Pollution

As you can see by these photos, the amounf of dust that· a concrete crusher and wood rnulcher . ere.ate is very high~ Depending on the atmospheric conditions, the particles generated can be car~ied by the wind

. . . '

great distances. To show you how far particles· can travel, in Florida we sometimes see colors in the sky that are directly attributable to sand carried here from Africa.

The dust generated will contain· a variety of pollutants, including nickel, cobalt, lead, hexavalent chromium,. arsenic, crystalline silica which can cause extreme damage to your respiratory systems and compromise the safety of produce growing in the area. The effects of· the respiratory ailments sometimes takes years to manifest.

Additionally, these facilities can emit a . strong putrid odor. The mold, mildew and smell generated by piles and piles of rotting wood, drywall and other construction debris will be cause the area to smell of mildew and even rotting egg·s due to sulphur compounds. This smeUcan be potent and on a windy day the stench can be smelled for miles.

Noise Pollution

The noise generated by a concrete crusher is loud and annoying due to the friction betw_een metal and ?o~crete. The difference, h9wever, is that this sound is repeated ·and never stops from the time the facility opens until the time the facility· closes. · The sound _of a multher soun·ds exactly like a stump grinder on steroids and when the mulcher hits a nail or other metal scrap it emits a loud clang. Again, while a stump grinder usually operates for less than 2 to 3 minutes, this sound will be heard from the time ·the facility opens until it is closed.

I can tell you first hand, .that there is virtually nothing that can be done to minimize the noise from one.-of these facilities, which is why the newer facilities, are all built indoors.

The sound generated by this facility needs to be carefully considered. Sound travels differently based upon environmental conditions such as wind, heat and humidity. With _environmental conditions in play·who knows how far this facility can be heard. There is no doubt that the sound will be a major nuisance to the entire community.

You must also consider the vibrations caused by the concrete crusher. Each time the mallet hits the concrete the vibration load is directly equivalent to pilings being driven into the ground at. a construction site. These shockwaves can cause damage to foundations and structures and will surely impact any future residential development in this area.

Not only will this noise disturb the human residents', it is anticipated to have a profound effect on livestock.

Ground Water Pollution

Lastly, I would like to discuss .the effect this operation will have on the ground water. Imagine ~5 foot piles of mixed ,materials containing arsenic, lead, other heavy metals, organic compounds, and asbestos. Now imagine any simple rainfall event ·or water from sprinklers saturating these materials creating harmful leachate of toxins seeping into the ground and eventually into the ground water.

Now imagine if there are nearby residents or livestock utilizing this water supply. Or even worse, if these homes are on well water, which will actually pump these toxins directly into the residential community.

Indeed the process can be explained by this simple graph. Here is the zone of influence. This is the well drawdown zone which will pull the toxins into the community.

The direction of the groundwater flow and topography also plays a significant role and must be carefully analyzed before one of these facilities

is constructed. Are there any natural springs in the area? Does the ground water flow, north, south, east, or west? It would be dangerous to approve one of these facilities without completely reviewing these factors.

FDEP ,,

FDEP will oversee this facility i.n accordance to the Florida Administrative Code rule 62-701.730 There are presently 127 of similar facilities in Florida. As someone who worked for the state in reviewing these facilities, I can tell you that these facilities are far less regulated than landfills especially in the wake of the State's budget cuts. FDEP does not have the financial resources or manpower to conductany tests or do any real monitoring of A-1 Walee, leaving it all up to the trust of the operator and owners of the site. Even the installation of onsite monitoring wells are a misnomer as once they show the contamination it will already be too late to do anything about it.

Conclusion

The proposed location of this site is closer to residential than any site I studied in my year long investigation. I can assure you that based on r:r,y professional and scientifically based experience that without a doubt A-1 Walee will have a negative effect on the community.

I personally would not live or move anywhere near this type of an industrial facility due and urge the Commission not to approve this application

CURRICULUM VITAE,

I. PERSONAL INFORMATION

1. Name and Title: Dr. i>anagiotis (Pete) D. Scarlatos Chair & Professor, Department of Civil, Environmental and Geomatics Engineering (CEGE), & Executive Director, Universities Consortium for Intermodal Transportation Safety and Security (UCITSS)

2. Address: Department of CEGE (Civil Engineering) F AU-Boca Raton Campus

CEGE (Geomatics Engineering)

3.

4.

5.

6.

7.

8.

9.

10.

11.

777 Glades Road, Bldg. #36, Room #204 Boca Raton, Florida 33431-0991, USA.

F AU-Treasure Coast Campus ·500 NW California Blvd., MP-211 Port St. Lucie, FL 34986, USA.

Business Telel!hone: Fax:

E-Mail:

Web Home Page:

Home Address:

Mobile· Telephone:

Birthdate & Birthplace:

Citizenship:

Health:

Height & Weight:

Marital Status:

(561) 297-0466 (Office) (561) 297- 0493 [email protected]

http://www.cege.fau.edu/

10465 A venida de! Rio

(561) 699~2579 (i-Phone)

Delray Beach, Florida 33446, U.S.A.

(561) 699-2579

February 14, 1948; Thessaloniki, Greece

U.S.A.

Excellent

5'10"; 155 lbs

Married to Evagelia Romanos; Two sons

II. PROFESSIONAL INFORMATION

1. Educational Background:

1.1 Academic Degrees:

Doctorate Degree in Civil Engineering, (Dr.-Eng.), 1981 Department of Civil Engineering, College of Engineering Aristotle University of Thessaloniki, Thessaloniki, Greece Dissertation Title: A Study of Tidal Disturbances in Channels of Finite Length

P.O. SCARLATOS

Diploma in Civil Engineering, (Dipl.-Eng.), 1972 Department of Civil Engineering, College of Engineering Aristotle University ofThessaloniki, Thessaloniki, Greece Diploma Thesis Title: Stochastic Processes in Surface Hydrology and River Runoff Regulation

Graduate Studies (NATO Scholar), 1978-79 Department of Coastal Engineering & Department of Engineering Sciences University of Florida, Gainesville, Florida Research on: lnterfacial Instability and Entrainment of Estuarine Fluid Mud

1.2 Professional Development Activities:

Performance Management - "Partnering for Success", Performance Management Systems Training, Florida Atlantic University, March 11, 2010.

Department Chairpersons Workshop, Institute for Academic Leadership, Howey-In-the-Hills, Florida, June 7-10, 2009.

Department Chairpersons Workshop, Institute for Academic Leadership, Howey-In-the Hills, Florida, September 12-15, 2008.

AIMSUN Foundation Course - TSS Transportation Simulation Systems SL, Barcelona, Spain, May 13-16, 2008.

DYNASMART-P Training Workshop - Evacuation Modeling, FDOT/FHWA, March 27-29, 2007.

Department Chairpersons Workshop, Institute for Academic Leadership, Howey-In-the-Hills, Florida, June 12-15, 2005.

Department Chairpersons Workshop, Institute for Academic Leadership, Howey-In-the Hills, Florida, October 10-13, 2004.

Sediment Records Computation, USGS National Trairiing Center, Water Resources Division, Denver, Colorado, April 10-13, 1989

Stochastic Methods in W?Lter Resources, Training Course, SFWMD, Oct. 1987 - Jan. 1988 Negotiations, Seminar, SFWMD, January 27, 29-February 3, 5, 1987 Artificial Intelligence Systems, LOOPS I: Programming in LOOPS, XEROX, Jan. 20-23, 1987 How to Supervise People, Seminar, National Seminars, Inc., September 5, 1986 Contract Management, Seminar, Armentrout & Associates, August 26-27, 1986 Artificial Intelligence, Florida Engineering Education Delivery System, Florida Atlantic

University, Summer 1986 INTERLISP II - Intermediate INTERLISP-D, Object-oriented language, XEROX, June 2-6, 30,

July 4, 1986 . Certificate in Military Engineering, Military Officer Academy, Corps of Engineers, Greek Army,

Loutraki, Greece, July-October 1973

2. Employment History:

07/09 -To-date: Chair & Professor, Department of Civil, Environmental and Geomatics Engineering (CEGE), Florida Atlantic University, Boca Raton, Florida. Additional duties include expanding the Civil Engineering department by incorporating the newly established Geomatics Engineering program (2007), to organize and develop an Environmental Engineering program and to establish a PhD program in Sustainable Infrastructure Systems. ·

12/06 - To-date: Executive Dir.ector, University Consortium for Intermodal Transportation Safety and Security (UCITSS). Duties include promoting and managing UCITSS, securing federal and

2 P.O. SCARLATOS

state funding, setting goals and priorities, and supervising and managing the activities of all of the projects funded through UCITSS to the various State University System partners. He is the Principal Investigator for the CITSS FHW A-FDOT federal project ($2,133,494).

07/06-To-date: Director, Center for Intermodal Transportation Safety and Security (CITSS), Florida Atlantic University. Duties include Center management and development, supervision and development of staff, interaction with Federal and State agencies and the Private sector, and other administrative responsibilities. Emphasis is to develop a self-sustainable research program through external funding. F AU representative for the Transportation Research .Board (TRB).

08/05 - 06/09:Chair & Professor, Department of Civil Engineering, Florida Atlantic University, Boca Raton, Florida. Duties include department management and development, ascertain ABET accreditation, faculty and staff supervision and development, curricular and major management and development, overseeing of student affairs, establishment of cooperation with Public agencies and the Private Sector, and other administrative responsibilities. Additional activities include, teaching courses and conducting research in the area of expertise.

08/04- 07/05: Interim Chair & Professor, Department of Civil Engineering, Florida Atlantic University, Boca Raton, Florida. Duties were as listed above.

07/01 - 07/04: Professor of Civil & Ocean Engineering, Department.of Civil Engineering, Florida Atlantic University, Boca Raton, Florida. Duties are listed below.

09/96 - 06/01: Professor & Coordinator, Civil Engineering Graduate Program, Department of Ocean Engineering, Florida Atlantic University, Boca Raton, Florida. Duties involve graduate and undergraduate·teaching and student thesis supervising, applied ·and theoretical research, and public service in the areas of expertise. Organized, developed and implemented the Water Resources/ Environmental Engineering graduate program. Member of the Florida Engineering Education Delivery System (FEEDS).

08/89 - 09/96: Associate Professor & Coordinator (tenured in 1994) of the Water Resources/ Environmental Engineering, Department of Ocean Engineering, Florida Atlantic University, Boca Raton, Florida. Duties were as above.

06/86 - 08/89: Adjunct Assistant Professor, Department of Ocean Engineering, Florida Atlantic University. Involved in research and teaching as described above.

06/86 - 08/89: Staff Water Resources Engineer, Division of Water Resources, Department of Resource Planning, South Florida Water Management District, West Palm Beach, Florida. Project manager and/or principal investigator of different projects in the areas of water resource modeling, sediment transport, water resource management, salinity intrusion, environmental impact assessment and expert-system applications. All of these studies involved data collection, data analyses, and development, calibration and verification of numerical models for simulation of aquatic ecosystems (Kissimmee River, Lake Okeechobee; Caloosahatchee Estuary). Research conducted involved both theoretical and applied aspects. Operational plans and decisions were based on the model output data. Other duties included participation in District-wide committees, involvement in other district projects as expert advisor, and public service.

12/85 - 12/85: Water Resources Engineer, Division of Water Resources, Department of Resource Planning, South.Florida Water management District. Duties as described above.

3 P.O. SCARLA TOS

• I

07/84 - 12/85: Post-Doctoral Research Associate, Louisiana Water Resources Research Institute, Louisiana State University, Baton Rouge, Louisiana. Conducted basic and applied research on flood wave propagation, alluvial sediment transport, interaction of surface and subsurface hydrological components, and failure of earthen dams.

04/84 - 06/84: Engineering Consultant for hydraulic and coastal engineering projects. Conducted research on tidal waves.

12/81 -03/83: Post-Doctoral Research Associate, Coastal Ecology Laboratory, Center for Wetland Resources (presently Center for Coastal, Energy and Environmental Resources), Louisiana State University, Baton Rouge, Louisiana. Conducted research on computer simulation of wetland flooding and on development of a semi-analytical model for geologically short-term prediction of river delta evolution (Atchafalaya River).

04/78 - 05/80: NATO Fellow. and Graduate Research Assistant, Department of Engineering Sciences, University of Florida, Gainesville, Florida. Conducted research on numerical modeling of cohesive sediment transport.

01/75 - 10/82: Lecturer/Assistant Engineer, Hydraulic Structures Laboratory, Department in Civil Engineering, Aristotle University, Thessaloniki, Greece. Responsibilities included teaching of the application sessions of various courses on hydraulics and hydrology. Worked in research programs of coastal/estuarine hydrodynamic modeling using finite difference and finite element methods. Started as Assistant Engineer of the Hydraulics and Hydraulic Structures Laboratory, highest position held was Lecturer ( tenured i.n 1981) of the Civil Engineering Department.

09/76 - 06/77: Instructor, Technical College in Thessaloniki, Thessaloniki, Greece. Taught introductory courses on fluid mechanics and surface deterministic hydrology.

05/74 - 01/75: Railroad Engineer, Greek Railroad Organization, Thessaloniki, Greece. Involved in bridge construction, river training, and railroad-track replacement and improvement projects.

04/73 - 04/74: Second Lieutenant, Corps of Engineers, Greek Army. Worked as supervisor of construction of military installations.

04/72 - 06/77: Engineering Consultant. Designed and supervised the construction of multi-story residential buildings and industrial steel-frame structures.

3. Instructional Experience:

3.1 Courses Taught:

Florida Atlantic University, Boca Raton, Florida

Graduate Level:

CWR-6125 CWR-6235 CWR-6236 CWR-6525

Groundwater Flow (Sp91, F92, F94, F97,Su99, Su00,Su0l, Su02,F03, Su0S, Su09) Open Channel Hydraulics (F90, Su92, Sp95, F96, Su98, F99, Sp02, Sp03) Mechanics Sediment Transport (Su90,Sp92,Sp94,F95,Sp97,Su98,Su99, F00,Su03) Dynamic Hydrology (Sp93, Su94 co-instructor, Sp96, Sp98, Sp00, Sp0l, Sp04)

4 P.D. SCARLA TOS

CWR-6818 EES-6025 EES-6537 ENV-6115 ENV-6666 EOC-5934 EOC-6320 EOC-6934 OCE-6066 OCP-6291

Water Resources System Engineering (Sp90, F91, Su96, Sp98, Sp00, Su0l, F02) Advanced Modeling of Environmental Processes (Su94, F95, F97, Sp99, F0l) Stream, Lake and Estuarine Pollution (F94 co-instructor, F98, Su00, Sp02, Su04) Air Pollution and Control (Su93) Water Quality and Treatment (F89, F98, FOO, F0l) Applications of AI/ES in Ocean Engineering (Sp87) Advanced Ocean Wave Mechanics (Sp98, Sp99) Advanced Engineering Analysis (F99) Physical Aspects of Oceanography (Su95 co-instructor) Mechanics of Coastal Processes (F93, Su95, Su97, Sp99, SpO0, Sp0l)

Undergraduate Level:

Fundamentals of AutoCAD (co-instructor Sp07) CGN-2327 CWR-3202 CWR-4202 EOC-3005

EOC-3105 EOC-3113 EOC-3150 OCC-4060

Applied Hydraulics (Sp02, F02, F03, F04, Sp08, F08, Sp09, F09, Sp 10) Hydrologic Engineering (Su02, Sp03, Sp04, Sp05) Physical Oceanography (Sp91, Sp93) Statics and Buoyancy (Su97 co-instructor) Dynamics (F86, Sp87) Strength of Materials (F89, Sp90, F94, F96 co-instructor, F97, F98) Environmental Engineering and Aquatic Pollution (Sp94, Sp95, Sp96, Sp97)

Aristotle University, Thessaloniki, Greece

Upper Undergraduate Level:

AE-46 AE-47 CE-45 CE-48

Agricultural and Drainage Hydraulics Deterministic Surface Hydrology Hydraulic Structures Open Channel Hydraulics and River Mechanics

Technical College ofThessaloniki (KA TE), Greece

Lower Undergraduate Level:

ME-4 CE-3 CE-4

Fluid Mechanics Hydrology Hydraulics

3.2 Theses and Dissertation Supervising:

Committee Chairman - MS in Civil Engineering (Thesis Option)

Li, L. (1991) "Analysis of Fine Sediment Transport in Closed-End Canals" Zhang, Y. (1992) "Wind-Induced Effects on Stratified Systems" Kim, H.-S. (1992) "Aggregation and Settling of Cohesive Particles" Donovan, W.C. (1993) "The Laboratory Measurement of Soluble Phosphorus Diffusion

Coefficients in Kaolinite and Bentonite Clay Sediments" Kari, R. (1993) "Nitrate Partitioning Between Water and Sediments" Khan, MD A.B. (1993) "Oscillating-Tank Experiments for Quantification of Water-Sediment

Phosphorus Exchange"

5 P.O. SCARLA TOS

Reddi, VJ. (1994) "The Role of Monitoring Wells in Modern Landfill Designs" Trimble, P. ( 1995) "An Evaluation of the Certainty of System Performance Measures Generated

by the South Florida Water Management Model" Hoffman, D.C. (1995) "Artificial Neural Network Prediction of Alluvial River Geometry" Merz, C.R. (1995) "Sediment Exchange in Tidal Inlets" Scarlatos, D. (1998) "Arsenic and Other Metals Found in Recovered Screened Materials from

Construction and Demolition Debris Recycling Facilities" White, M. (1999) "Surface Runoff Water Management for Improvement of the Indian River

Lagoon System" Crumiere, M. (1999) "Prediction of Ground Level Ozone Using an Artificial Neural Networ~' Sharpe W. (1999) "Modeling of the Storm Water Drainage System of the Village of Tequesta,

Florida" Garcia M.R. (2000) "Water Tables and Drainage Uniformity in the Everglades Agricultural Area" Rolley, N. (2000) "Application ofGISfor Management of Storm Water Networ~' LeStrat, M. (2001) "Reliability and Accuracy of a GPS Unit in Tracking Vehicles in Palm Beach

and Broward County" Shalan, S.G. (2002) "The Effect of Pollution Prevention in Wood Furniture, Marina and Auto

Repair Industries" Kimmlingen, M. (2003) "Modeling of Gasoline Emissions from Stationary and Mobile Sources

at Port Everglades"

Academic Advisor - MS in Civil Engineering (Non Thesis Option)

Advised more than 50 MS graduate students in Water Resources/Environmental Engineering (1990- 2001).

Committee Member - MS Theses in Civil/Ocean Engineering

Lee, S. (1989) "An Expert System for the Selection and Design of Retaining Walls" Murugesh, G. (1991) "Ultimate Load, Creep, Shrinkage, and Reliability Studies of Precast Post

Tensioned Single Cell Segmental Model" Sinha, V. (1991) "Behavior of Precast Single-Cell Segmental Box Bridges with External Post

Tensioning Subjected to Cyclic Loading and Temperature Changes" Sreenivasan, G. (1991) "Knowledge-Based Expert System Applications to Design and

Construction, Planning and Management of Retaining Walls" Krishna, S. (1991) "Thermal Response in Florida Bridges" Basole, M. (1991) "Thermal Modeling and Field Temperature Measurements of Segmental Box

Girder Bridges in Florida" Marshall, M. (1992) "Motion and Stability of an Elliptical Vortex in a Time-Dependent Strain or

Shear" Parthsarathy, B. (1993) "Tearing of an Aligned Vortex by a Current Difference in Two Layer

Quasi-Geostrophic Flow" Neravelta, B.R. (1994) "Effect of Applied Periodic Straining Field on Coherent Structures" Viswanathan, K.S. (1994) "Interaction of Vortex Sheet with a Finite Vortex" Shrivashankar, M. (1995) "Improved Design Methods for Evaluating the Performance of Landfill

Double Liner Systems" Daniel, E.H. ( 1995) "The Effect of Compressive Creep on the Structural Integrity and Drainage

Capacity of Landfill Lining Systems" Prymas, A. (1996) "Calibration of Seepage from Steady State Simulations for Water Budgets

Estimations"

6 P.D. SCARLA TOS

Xia, W. (1997) "Behavior of Eccentrically Loaded Slender Concrete Columns Reinforced with CFRP Bars"

Gemmel, T.S. (1997) "Driveability of Concrete Piles Pretensioned with CFRP" Wolfert, M. (1998) "Sources of Escherichia Coli to a Tidally Influenced River" (Univ. of Miami) Germain, G. (2000) "Comparative Evaluation of the Performance of Concrete Wall Panels With

and Without Fiber Reinforcement" Chilson, M. (2004) "Conceptual Design of a Best Management Practices Retrofit Project in a

Small Urban Watershed" Morin, F. (2005) "Contribution of On-Site Treatment and Disposal Systems on Coastal Nutrient

Loading" Skinney, C. (2006) "Correlation of NEXRAD and Rain Gage Data" Bocca, T.S. (2007) "The Use of Multiple Tracers to Determine the Impact of Septic Tanks on the

Water Quality of Urban and Rural Coastal Environments" Gundersen, E. (2008) "Data Development Analysis Model for Assessment of safety and Security of

Intermodal Transportation Facilities" Hess, L.S. (2009) "An Emergency Evacuation Planning Model for Special Need Populations

Utilizing Public Transit Systems" Ferreira, A.R. (2009) "Optimal Operation of Hydropower Systems Under Fuzzy Multi-Objective

Decision Making Environment" Mayes-Fernandez, M. (2009) "Evaluation of Power Function Approximation of NEXRAD and

Rain Gauge Based Precipitation Estimates" Pohly, D.D. (2009) "Non-Destructive Evaluation of Reinforced Asphalt Pavement Built Over Soft

Organic Soils"

Committee Member - PhD in Ocean Engineering

House, LG. (1991) "An Investigation of the Acoustic Field in Wedge Shaped Scale Models of Continental Shelf Regions"

Harris, L.E. (1996) "Rubble-Mound, Monolithic, and Flexible Membrane Breakwaters for Shoreline Stabilization"

Holappa, K.W. (1997) "Ocean Turbulence Measurement Using an Autonomous Underwater Vehicle"

Supervision of Post-Doctoral Research Associates:

Muthuswamy, S. (1989) "Procedures, Specification and Guidelines for Planning, Design, Installation and Maintenance of Underground Piping Systems in Florida's Schools, Community Colleges and Universities"

Kamel, M.H. ( 1993) "Microstructure Simulation of Suspended Sediments" Nafey, A.S.M. (1994) "Simulation and Optimization of Dual Purpose Desalination Processes"

4. Scholarly Achievements:

4.1 Statement of Professional Interests:

General civil engineering background. Broad and in-depth experience/knowledge in the areas of: Water Resources Engineering: river/estuarine/coastal hydrodynamics, sediment transport, Environmental Engineering: aquatic pollution, solid and hazardous waste, pollution prevention.

7 P.D. SCARLA TOS

Specially involved in applied and basic research in the areas of expertise and in the development of mathematical models by using numerical or analytical techniques. New area of interest involves safety and security of built infrastructure from natural and anthropogenic episodic events.

Keywords: Aquatic Pollution; Computer Modeling; Coastal Engineering; Sediments; Water Resources; Pollution Prevention; Solid & Hazardous Waste; Infrastructure Safety and Security.

4.2 Publications:

4.2.1 Chapters in Books:

Chapter 9. "Estuarine Hydrodynamics" and Chapter 10. "Ecohydrodynamics", in: Environmental Hydraulics, 1996, V.P. Singh and W. Hager (eds.), Kluwer Academic Publishers, Dordrecht, The Netherlands, pp. 289-348.

"Soil Testing and Analysis"; "Coastal Engineering"; "Phosphorus Cycle"; "Sulfur Cycle", Essays in: Natural Resources, Salem Press, 1997.

"Numerical Analysis"; "Salinity and Desalination", Essays in: Magill's Survey of Science: Applied Science, Supplement, Salem Press, 1998.

4.2.2 Refereed Journals:

Scarlatos, P.D., 1981. "On the Numerical Modeling of Cohesive Sediment Transport", Journal of Hydraulic Research, IAHR, 19: 61-68.

Scarlatos, P.D., 1982. "A Pure Finite Element Method for the Saint-Venant Equations", Coastal Engineering, 6: 27-45.

Singh, V.P. and Scarlatos, P.D., 1987. "Analysis of Nonlinear Muskingum Flood Routing", Journal of Hydraulic Engineering, ASCE, 113(1): 61-79.

Scarlatos, P.D. and Singh, V.P., 1987. "Estimating Harmonic Parameters for Damped CoOscillating Tides", Journal of Waterway, Port, Coastal, and Ocean Engineering, ASCE, 113(2): 156-170.

Scarlatos, P.D. and Singh, V.P., 1987. "Long-Wave Transmission Through Porous Breakwaters", Coastal Engineering, 11(2): 141-157.

Singh, V.P. and Scarlatos, P.D., 1988. "Analysis of Gradual Earth-Dam Failure", Journal of Hydraulic Engineering. ASCE, 114(1): 21-42.

Singh, V.P., Scarlatos, P.D. and Raudales, S.E., 1988. "Muskingum Model for Border Irrigation", Journal oflrrigation and Drainage Engineering, ASCE, 114(2): 266-280.

Singh, V.P., Scarlatos, P.D., Collins, J.G. and Jourdan, M.R., 1988. "Beach Erosion of Earthfill Dams (BEED) Model", Journal of Natural Hazards, I: 161-180.

Singh, V.P., Scarlatos, P.D. and Prasad, S.N., 1990. "An Improved Lewis-Milne Equation for the Advanced Phase of Border Irrigation", Irrigation Science, 11: 1-6.

8 P.O. SCARLA TOS

Scarlatos, P.D. and Mehta, A.J., 1990. "Some Observations on Erosion and Entrainment of Estuarine Fluid Muds", in: Residual Currents and Longterm Transport, R.E. Cheng (ed.), Coastal and Estuarine Studies, 38: 312-332.

Scarlatos, P.D. and Mehta, A.J., 1993. "Instability and Entrainment of Fluid Mud-Water Interface", in: Nearshore and Estuarine Cohesive Sediment Transport, A.J. Mehta (ed.), Coastal and Estuarine Studies, 42: 205-223.

Scarlatos, P.D., 1993. "Tidal Energy Dissipation in Estuaries", Journal of Coastal Research, 9( 4): 907-914.

Scarlatos, P.D., 1995. "Harmonic Friction-Damping Modulus", Journal of Waterway, Port, Coastal and Ocean Engineering, ASCE, 121 ( 1 ): 61-73.

Reddi, V.J. and Scarlatos, P .D., 1996. "Leachate Leakage from Landfills with Modern Liner Systems", Water Resources Bulletin, A WRA, 32(4): 697-709.

Scarlatos, P.D. and Li, L, 1997. "Analysis of Fine-Grained Sediment Movement in Small Canals", Journal of Hydraulic Engineering, ASCE, 123(3): 200-207.

Scarlatos, P.D., 1997. "Experiments on Water-Sediment Nutrient Partitioning Under Turbulent, Shear and Diffusive Conditions", The Journal of Water, Air and Soil Pollution, 99: 411-425.

Tisdale,T.S., Scarlatos, P.D. and Hamrick, J.M., 1998. "A Streamline Upwind FE Method for Overland Flow", Journal of Hydraulic Engineering, ASCE, 124(4):

Scarlatos, P.D., 2001. "Computer Modeling of Fecal Coliform Contamination of an Urban Estuarine System", Water Science and Technology, IWA, 44(7): 9-16.

Scarlatos, P.D. and Kim, H.-S., 2002. "On the Geometry of Cohesive Settling Particles", Fine Sediment Dynamics in the Marine Environment, Winterwerp & Kranenburg (eds), Proceedings in Marine Science, Elsevier, (5): 265-276.

Teegavarapu, R.S.V., Kaner, Y. & Scarlatos, P.D. 2009. "Computer Simulation and Animation of a Catastrophic Flooding Event", Technical Paper, ASCE, (under review)

4.2.3 Conference Proceedings (Referred Full-Paper or Abstract):

Partheniades, E.M. and Scarlatos, P.D., 1978. "Validity of Harmonic Approximation in Rectangular Channels Subject to Co-Oscillating Tides", Proc. Int'! Conf. on Water Resources Engineering, Bangkok, Thailand: 315-330.

Wang, F. and Scarlatos, P.D., 1982. "Influences of Weather Patterns on Wetland Floodings", Proc. Int'l Symp. on Hydrometeorology, A.I. Johnson and R.A. Clark (eds.), A WRA, Denver, Colorado: 373-379.

Wang, F., Wang, Y.H., Scarlatos, P.D. and McAnally, W.H., 1983. "Analytical Analysis of RiverDelta Interaction", Proc. 20th !AHR Congress, Moscow, USSR: 262-272.

9 P.O. SCARLATOS

Scarlatos, P.D. and Singh, V.P., 1985. "Energy Dissipation in Tidal Waterways", in: Hydraulics and Hydrology in the Small Computer Age, W.R. Waldrop (ed.), ASCE, Lake Buena Vista, Florida: 260-265.

Singh, V.P. and Scarlatos, P.D., 1985. "Sediment Transport in Vertically Two-Dimensional ManMade Canals", Proc. 21st IAHR Congress, Melbourne, Australia: 577-582.

Scarlatos, P.D. and Singh, V.P., 1986. "Mud Flow and Sedimentation Problems Associated with a Dam-Break Event", in: River Sedimentation, III, S.S.Y. Wang, H.W. Shen and L.Z. Ding (eds.), The University of Mississippi: 1063-1068.

Scarlatos, P.D., 1986. "Energy Approach to Eolian Sand Transport", Proc. XIII Southeastern Conf. on Theoretical and Applied Mechanics, Columbia, South Carolina: 427-432.

Singh, V.P. Scarlatos, P.D., Collins, J.C. and Jourdan, M.R., 1986. "Hydrodynamics of Earthflll Dam Breach Erosion", in: Water Forum 86, World Water Issues in Evolution, I.M. Karamouz, G.R. Baumli and W.J. Brick (eds.), ASCE, Long Beach, California: 1-9.

Scarlatos, P.D. and Demetracopoulos, A.C., 1986. "Wind Effects on Riverine Networks", Proc. 3rd Int'l Conf. on Computational Methods and Experimental Measurements, I, G.A. Keramidas and C.A. Brebbia (eds.), Springer-Verlag, Porto Caras, Greece: 275-284.

Singh, V.P., Scarlatos, P.D., Jourdan, M.R. and Collins, J.G., 1986. "Simulation Aspects of Earth Dam Failures", Proc. 3rd Int'! Conf. on Computational Methods and Experimental Measurements, I, G.A. Keramidas and C.A. Brebbia (eds.), Springer-Verlag, Porto Caras, Greece: 263-272.

Scarlatos, P.D. and Partheniades, E.M., 1986. "Numerical Simulation of Fine Sediment Motion in Estuaries", Proc. Int'l Conf. on Hydraulic Engineering Software, Southampton, U.K.

Scarlatos, P.D., 1986. "Effects of Permeable Breakwater on Shallow Wave Propagation", Proc. OCEAN 86 Conference and Exposition, Washington, D.C.

Singh, V.P. and Scarlatos, P.D., 1987. "A Muskingum Type Model/or Surface Irrigation", Proc. Int'! Conf. on Infiltration Development and Application, University of Hawaii at Manoa, Water Resources Research Center, Honolulu, Hawaii.

Singh, V.P. and Scarlatos, P .D., 1987. "Derivation and Verification of an Improved Lewis-Milne Approach for Border Irrigation", Proc. Int'l Conf. on Infiltration Development and Application, University of Hawaii at Manoa, Water Resources Research Center, Honolulu, Hawaii.

Scarlatos, P.D. and Singh, V.P., 1987. "Errors Due to Linearization in Tidal Propagation", in: Flood Hydrology, V.P. Singh (ed.), Reidel Publishing Co: 257-269.

Scarlatos, P.D., 1987. "Modeling of Suspended Sediment Flows", Proc. Symp. on Monitoring, Modeling, and Mediating Water Quality, S.J. Nix and P.E. Black (eds.), AWRA, Syracuse, New York: 521-531.

Scarlatos, P.D. and Singh, V.P., 1987. "Estimation of Mean Water Depth/or Border Irrigation", in: Irrigation Systems for the 21st Century, L.G. James and M.J. English (eds.), ASCE, Portland, Oregon.

10 P.O. SCARLATOS

Scarlatos, P.D., 1987. "An Analytical Approach to Cohesive Sediment Transport", in: Hydraulic Engineering, R.M. Ragan (ed.), ASCE, Williamsburg, Virginia: 297-302.

Scarlatos, P .D., 1987. "Performance of Knowledge-Based Systems in Water Resources", in~ Reliability and Robustness of Engineering Software, C.A. Brebbia and G.A. Keramidas (eds.), Elsevier: 297-305.

Scarlatos, P.D., 1988. "An Expert-System Approach to Hydrologic Data Fusion", in: Computing in Civil Engineering: Microcomputers to Supercomputers, K.M. Will (ed.), ASCE, Alexandria, Virginia: 674-682.

Singh, V.P. and Scarlatos, P.D., 1988. "Modeling of Gradual Earth-Fill Dam Erosion", in: Environmental Geotechnics and Problematic Soils and Rocks, A.S. Balasubramaniam, S. Chandra, D.T. Bergado (eds.), AIT, A.A. Balkema, Rotterdam: 129-138.

Scarlatos, P.D., 1988. "Sensitivity of Estuarine Systems", Proc. Symp. on Coastal Water Resources, W.L. Lyke and T.J. Hoban (eds.), AWRA, Wilmington, North Carolina: 109-118.

Scarlatos, P.D. and Loftin, M.K., 1988. "Restoration Options of Channelized Alluvial Rivers", Int'! Conf. on Pluvial Hydraulics '88, Budapest, Hungary (Extended abstract).

Scarlatos, P.D. and Mehta, A.J., 1988. "Microstructure of Cohesive Sediment Suspensions", in: Hydraulic Engineering, S.R. Abt and J. Gessler (eds.), ASCE, Colorado Springs, Colorado: 218-223.

Scarlatos, P.D., 1988. "Knowledge-Based Systems for Water Resource Management", Proc. Symp. on Water-Use Data for Water Resources Management, A WRA, Tuscon, Arizona.

Scarlatos, P.D. and Mehta, A.J., 1988. "Density Stratification Due to Resuspension of Fluid Muds", in: Computer Modelling in Ocean Engineering, B.A. Schrefler and O.Z. Zienkiewicz (eds.), A.A. Balkema, Rotterdam: 427-433.

Scarlatos, P.D., Tomaselo, R.S. and Chamberlain, R.H., 1988. "Management of Salinity Fluctuations in Estuarine Environments", Proc. Sixth Symp. on Coastal and Ocean Management, Charleston, South Carolina.

Scarlatos, P.D. and Singh, V.P., 1989. "A Continuum Mechanics Approach to Loose-Bed Motion", in: Sediment Transport Modeling, S.S.Y. Wang (ed.), ASCE, New Orleans, Louisiana: 296-301.

Scarlatos, P.D. and Loftin, M.K., 1989. "Analysis in Local Scouring", in: Hydraulic Engineering, M.A. Ports (ed.), ASCE, New Orleans, Louisiana: 19-24.

Tisdale, T.S. and Scarlatos, P.D., 1989. "Low-Land Hydraulics and Hydrodynamics", m: Hydraulic Engineering, M.A. Ports (ed.) ASCE, New Orleans, Louisiana: 789-794.

Scarlatos, P.D. and Tisdale, T.S., 1989. "Simulation of Wetland Dynamics", Proc. 25th Annual Syrop. A WRA - Wetlands: Concerns and Successes, Tampa, Florida.

Scarlatos, P.D. and Wilder, B.J., 1990. "Experimental Investigation of Gravity Driven Hyperconcentrated Flows", in: Hydraulics/Hydrology of Arid Lands, R.H. French (ed.), ASCE, San Diego, California: 633-638.

11 P.D. SCARLA TOS

Scarlatos, P.D. and Mehta, A.J., 1990. "Instability of Water-Fluid Mud Interfac:e", in: Hydraulic Engineering, II, H.H. Chang and J.C. Hill (eds.), ASCE, San Diego, California: 1245-1250.

Scarlatos, P.D. and Zhang, Y., 1991. "Fluid Mud Problems in Lakes, Reservoirs and Detention Ponds", in: Hydraulic Engineering, R.M. Shane (ed.), ASCE, Nashville, Tennessee: 1127-1132.

Scarlatos, P .D., 1992. "Erosion of a Thin Lutocline Under Homogeneous Turbulence", in: Hydraulic Engineering, M. Jennings and N.G. Bhowmik (eds.), ASCE, Baltimore, Maryland: 263-268.

Scarlatos, P.D., 1992. "Cohesive Sediment-Nutrient Exchange in Aquatic Environment", Proc. Int'! Conf. on Managing Water Resources During Global Change, A WRA, Reno, Nevada (Abstract).

Kim, H.S. and Scarlatos, P.D., 1993. "Fractal Dimension of Aggregated Sediments", in: Hydraulic Engineering '93, I, H.W. Shen, S.T. Su and F. Wen (eds.), ASCE, San Franscisco, California: 1184-1188.

Fluet, J.E., Scarlatos, P.D. and Reddi, V.J., 1993. "The Role of Monitoring Wells in Modern Landfill Designs", First Annual Solid Waste Research Symposium, Florida Center for Solid and Hazardous Waste Management, Orlando, Florida.

Scarlatos, P .D. and Kamel, M.H., 1994. "Microstructure Simulation of Suspended Sediments", Proc. 4th Int'! Symposium on Stratified Flows, Vol. 2, Session GP2, Grenoble, France: 1-8.

Scarlatos, P.D., 1994. "Quality Criteria for Contaminated Sediments", 4th Nearshore and Estuarine Cohesive Sediment Transport Conference, EUROCOH '94, Poster Paper, Wallingford, England: 1-12.

Scarlatos, P.D. and Dunn, S.E., 1995. "Environmental Educationfor Ocean Engineers", Proc. 1995 ASEE Annual Conf., Session 2478, Anaheim, California: 1693-1697.

Hoffman, D.C. and Scarlatos, P.D., 1995. "Artificial Neural Network Simulation of Alluvial River Characteristics", in: Water Resources Engineering, Vol. 1, W.H. Espey and P.G. Combs (eds.), ASCE, San Antonio, Texas: 415-419.

Scarlatos, P .D., 1996. "Experiments on Resuspension of Fluid Mud Using an Oscillating-Grid Tank', Engineering Mechanics, Vol. 1, Y.K. Lin and T.C. Su (eds.), ASCE, Ft. Lauderdale, Florida: 808-811.

Merz, C.R. and Scarlatos, P.D., 1996. "Sedimentation Dynamics of Tidal Inlets", Proc. North American Water and Environment Congress '96, ASCE, Anaheim, California, on CD-ROM.

Scarlatos, D. and Scarlatos, P.D., 1996. "Identification of Appropriate Uses of ArsenicContaminated Recovered Screened Material from Construction and Demolition Recycling Facilities", Florida Environmental Expo '96, Track 11-C, Proc. 4th Annual Research Symposium on Solid & Hazardous Waste, Tampa, Florida: 1-12.

12 P.O. SCARLA TOS

Scarlatos, P.D., 1997. "Mixing of Two-Layered Stratified Systems, in: Multiple Scale Analyses and Coupled Physical Systems", Saint-Venant Symposium, Ecole Nationale des Ponts et Chaussees, Paris, France: 119-126.

Scarlatos, D. and Scarlatos, P.D., 1998. "Recovered Screened Materials from Construction and Demolition Debris", Proc. International Conference on Protection and Restoration of the Environment IV, Vol. II, Halkidiki, Greece: 716-723.

Scarlatos, P.D., 2000. "Computer Modeling of Fecal Coliform Contamination of an Urban Estuarine System", Proc. 4 th International Conference on Diffuse Pollution, Bangkok, Thailand: 28-35.

Scarlatos, P.D. and Crumiere, M., 2000. "Prediction of Ground Level Ozone Concentration Using Artificial Neural Network Modeling", Development and Application of Computer Techniques to Environmental Studies, G. lbarra-Berastegi, C.A. Brebbia and P. Zannetti (eds.), WIT Press: 27-36

Scarlatos, P.D., 2000. "An Investigation of Fecal Coliform Contamination in Estuarine Waters", Proc. Int') Conference on Protection and Restoration of the Environment V, Vol.I, V.A. Tsihrintzis, G.P. Korfiatis, K.L. Katsifarakis and A.C. Demetracopoulos (eds.), Thassos, Greece: 455-464.

Scarlatos, P.D., 2000. "Geotechnical Properties of Municipal Waste Incinerator Ash", Proc. 5tl' Int') Symposium on Environmental Geotechnology and Global Sustainable Development, Belo Horizonte, Minas Gerais, Brazil: CD-ROM.

Scarlatos, P.D., Sharp, W. and Rolley, N., 2001. "An Integrated Approach for a Computerized Urban Storm Water Management", Proc. Int') Conference and Exhibition on Ecological Protection of the Planet Earth, Vol I, V.A. Tsihritzis and P. Tsalides (eds.), Xanthi, Greece: 113-121.

Garcia, R., Izuno, F. and Scarlatos, P.D., 2001. "Water Tables and Drainage Uniformity in the Everglades Agricultural Area", 2001 ASABE Meeting, American Society of Agricultural and Biological Engineers, Paper No. 012299, St. Joseph, Michigan.

Scarlatos, P.D., 2002. "Quantification of Industrial Wastestreams for Development of Pollution Prevention Practices", Proc. 6th Int'! Conference on Protection and Restoration of the Environment, Vol. III, A.G. Kungolos, A.B. Liakopoulos, G.P. Korfiatis, A.D. Koutsospyros, K.L. Katsifarakis, A.D. Demetracopoulos (eds.), Skiathos Island, Greece: 1215-1222.

Scarlatos, P.D., 2004. "Civil Engineering - An Old Profession Viewed Through the Needs of the 2F1 Century", 2nd Latin American and Caribbean Conference for Engineering and Technology -Challenges and Opportunities for Engineering Education, Research and Development, Miami, Florida.

Kimmlingen, M.M. & Scarlatos, P.D., 2004. "Simulation of Gasoline Emissions from Stationary and Mobile Sources", Int'! Conference on Protection and Restoration of the Environment VII, Mykonos, Greece.

13 P.O. SCARLATOS

Scarlatos, P.D., 2006. "Flow Measurements in Tidal Spillways'', 4th Latin American and Caribbean Conference for Engineering and Technology - Breaking Frontiers and Barriers in Engineering Education. Research and Practice, Mayaguez, Puerto Ri.co.

Scarlatos, P.D., 2006. "Baccalaureate Studies in Maritime Engineering and Management", 4th

Latin American and Caribbean Conference for Engineering and Technology - Breaking Frontiers and Barriers in Engineering Education, Research and Practice, Mayaguez, Puerto Rico.

Scarlatos, P.D., 2006. "Flow Rate Estimation through Gated Spillways", Int'! Conference on Protection and Restoration of the Environment VIII, Crete, Greece.

Pathak, C., Skinner, C., Bloetscher, F. & Scarlatos, P.D., 2007. "Developing a Relationship Between Radar and Rain Gauge Datasets in Central and South Florida", World Environmental and Water Resources Congress -2007, Tampa, Florida.

Scarlatos, P.D., 2007. "Flow Measurements in Submerged Tidal Spillways", 13 th Int'! Conference on Computational Methods and Experimental Measurements, Prague, Czech Republic.

Scarlatos, P.D., Ansar, M. & Chen, Z., 2007. "Estimation of Discharges through Spillways under Low-Head, Tidally-Affected Conditions" (Poster), EWRI/IAHR Hydraulic Measurements & Experimental Methods, Lake Placid, New York.

Scarlatos, P .D., 2007. "Curriculum on Safety and Security of Civil Infrastructure", 5th Latin American and Caribbean Conference for Engineering and Technology- LACCEI-NSF Workshop on the Global Engineering Education Challenge for the Americas, Tampico, Mexico.

Torres, L.F., Larrondo-Petrie, M.M., Calderon, R.G. & Scarlatos, P.D., 2007. "Proyecto de Colaboracion Institucional LACCEI para Promover el Tratado de Libre Comercio entre EEUU y Colombia y de Desarrollo Global de Estudiantes y Profesores", 5th Latin American and Caribbean Conference for Engineering and Technology - LACCEI-NSF Workshop on the Global Engineering Education Challenge for the Americas, Tampico, Mexico.

Scarlatos, P.D, Ansar, M. & Chen, Z., 2007. "Flow Estimations through Spillways Under Submerged Tidal Conditions", 13th International Conference on Computational Methods and Experimental Measurements, Prague, Czech Republic.

Scarlatos, P.D., 2008. "University Consortium for Intermodal Transportation Safety and Security - A Summary of Research Activities", 2008 LACCEI Annual Conference & Exposition, Tegucigalpa, Honduras.

Teegavarapu, T.S., Scarlatos, P.D. & Kaner, Y., 2008. "Computer Simulation and Animation for Catastrophic Flood Events", 9th Int'l Conference on Protection and Restoration of the Environment, Kefalonia, Greece.

Scarlatos, P .D. & Kaisar, E., 2009. "Simulation and Visualization Applications for Security Analysis of Infrastructure Facilities", 2009 EURO SIW, European Simulation Interoperability Workshop, Istanbul, Turkey.

14 P.D. SCARLA TOS

4.2.4 Technical Reports and Non-Refereed Publications:

Scarlatos, P.D., 1980. "A Study of Tidal Disturbances in Channels of Finite Length", Scientific Bulletin, 5-H, Aristotle University, Thessaloniki, Greece, pp.242.

Wang, F., Gosselink, L. and Scarlatos, P.D., 1982. "Wetland Hydrology, Hydraulics and Hydrodynamics. Theory, Method and Application. Computer Modeling, Simulation and Documentation", Sea Grant Publication, LSU-T82-001, Center for Wetland Resources, Louisiana State University, Baton Rouge, Louisiana, pp. 165.

Singh, V.P., Scarlatos, P.D. and Dhamorathan, S., 1985. "Environmental Considerations for Water Resource Projects", Proc. Int'! Seminar on Environmental Impact Assessment on Water Resources Projects, UNESCO, WRTC, University ofRoorkee, India: 631-655.

Scarlatos, P.D. and Morris, F.W., 1986. "Data Analysis for Quantification of Estuarine Dynamics", Proc. South Florida ASCE Section Annual Meeting. Technical Session on the Environment, West Palm Beach, Florida: 1-16.

Scarlatos, P.D. and Loftin, M.K., 1987. "Local Scouring Downstream of a Weir", Proc. South Florida ASCE Section Annual Meeting. Naples, Florida: I- I I.

Singh, V.P., Scarlatos, P.D., Jourdan, M.R., and Collins, J.C., 1987. "An Assessment of Dam Breach Modeling Technology", Military Hydrology Report, Environmental Laboratory, US Anny Corps of Engineers, Vicksburg, Mississippi, pp. 75.

Scarlatos, P.D., 1988. "Caloosahatchee Estuary Dynamics", Technical Publication, 88-7, Water Resources Division, Resource Planning Department, South Florida Water Management District, West Palm Beach, Florida, pp.39.

Scarlatos, P.D., Loftin, M.K. and Obeysekera, J., I 988. "Restoration Hydraulics and Sedimentation", Proc. Symp. on Kissimmee River Restoration, Orlando, Florida.

Singh, V.P. and Scarlatos, P.D., 1989. "Breach Erosion of Earth-Fill Dams and Flood Routing (BEED) Model", Military Hydrology, US Army, EWES, Report 14, EL-79-6, Vicksburg, Mississippi, pp.87.

Scarlatos, P.D., Reddy, D.V. and Muthuswamy, S., 1989. "Procedures, Specifications, and Guidelines for Planning, Design, Installation, and Maintenance of Und~rground Piping Systems in Florida's Schools, Community Colleges, and Universities", Final Report, Florida Department of Education, Florida, pp. 142.

Scarlatos, P.D., 1991. "Design of Border-Irrigation Fields for Water Efficiency and Sediment Control", Final Report, Florida-Israel Institute, Fort Lauderdale, Florida, pp. 37.

Scarlatos, P.D. and Reddi, V.J., 1992. "Feasibility Assessment and Strategic Planning for StateWide, Long-Term Data Collection Program for Estuarine and Coastal Waters", Final Report, Marine Research Institute, Department of Natural Resources, St. Petersburg, Florida, pp. 23.

Scarlatos, P.D., 1993. "A Review of Sediment Analysis, Management Techniques and Sediment Quality Data for the Lower St. Johns River Basin", Final Report, U.S. Anny Corps of Engineers, Jacksonville, Florida, pp. 350.

15 P.O. SCARLA TOS

Scarlatos, P.D., 1993. "The Role of Fine Sediments in the Transport and Fate of Nutrients in Aquatic Ecosystems - Part I: A Review of Sediment Dynamics and Nutrient Cycling in Lakes", Final Report, Center for Wetlands and Water Resources, University of Florida, Gainesville, Florida, pp. 102.

Scarlatos, P.D., 1993. "The Role of Fine Sediments in the Transport and Fate of Nutrients in Aquatic Ecosystems - Part II: Experimental Investigation and Modeling of Nutrient-Sediment Exchange", Final Report, Center for Wetlands and Water Resources, University of Florida, Gainesville, Florida, pp. 46.

Reddi, V.J., Fluet, J.E. and Scarlatos, P.D., 1994. "The Role of Monitoring Wells in Modern Landfill Designs", Final Report, Center for Solid and Hazardous Waste Management, University of Florida, Gainesville, Florida, pp. 49.

Scarlatos, D. and Scarlatos, P.D., 1997. "Ecological Imp[act of Arsenic and Other Trace Metals from Application of Recovered Screened Material on Florida Soils", Final Report, Center for Solid and Hazardous Waste Management, University of Florida, Gainesville, Florida, pp. 69.

Scarlatos, P. D.; 1999. "Computer Simulation of Hydrodynamics and Pollutant Transport of North Fork - North River: Special Reference to Coliform Populations", Final Report, City of Ft. Lauderdale.

Scarlatos, P.D., 2000. "Beneficial Use Determination of Ash Residue Project", Final Report, Camp, Dresser & McKee, Inc., West Palm Beach, Florida.

Scarlatos, P.D., 2000. "Development of an Artificial Neural Network (ANN) Model for GroundLevel Ozone Forecasting in Palm Beach County, Florida", Final -Report, Division of Environmental Health and Engineering, Florida Department of Health, West Palm Beach, Florida.

Rolley, N. and Scarlatos, P.D., 2000. "Application of G.l.S. for the Storm Water Drainage Facilities", Village of Tequesta, Final Report, Utilities Department, Village of Tequesta, Florida.

Scarlatos, P.D., 2001. "Analysis of Water Treatment Plant Survey Data - Lime Sludge Recalcination Project", Final Report, Camp, Dresser & McKee, Inc., West Palm Beach, Florida.

Scarlatos, P.D., 2001. "Development of a Baseline Inventory of Industries for Pollution Prevention Assessment", Final Report, Florida Department of Environmental Protection, Tallahassee, Florida.

Scarlatos, P .D., 2001. "Chemical Analysis of Lime Sludge from Water Treatment Plants in Palm Beach County, Florida ~ A Review", Final Report, Camp, Dresser & McKee, Inc., West Palm Beach, Florida.

Scarlatos, P .D., 2001. "Factors Affecting the Effectiveness of Pollution Prevention Practices in Different Industries", Final Report, Center for Environmental Studies & Florida Department of Environmental Protection, Boca Raton, Florida.

Scarlatos, P.D., 2006. "Tidal Hydraulics at Coastal Spillways", Final Report, South Florida Water Management District, West Palm Beach, Florida.

16 P.D. SCARLATOS

Meeroff, D.E. and Scarlatos, P.D., 2006. "Green Lodging Project - Phase I: Solid Waste Management, Waste Reduction, and Water Conservation", Final Report, Florida Department of Environmental Protection, Tallahassee, Florida.

Scarlatos, P.D., 2006. "Improvement of Flow Estimation at Coastal Spillways", Final Report, South Florida Water Management District, West Palm Beach, Florida.

Meeroff, D.E. and Scarlatos, P.D., 2007. "Green Lodging Project - Phase II: Energy Efficiency and Clean Air Practices", Final Report, Florida Department of Environmental Protection, Tallahassee, Florida.

Meeroff, D.E. and Scarlatos, P.D., 2008. "Green Lodging Project - Phase JV: Green Lodging Performance Measures: Implementation and Monitoring", Report, Florida Department of Environmental Protection, Tallahassee, Florida, pp. 223.

4.3 Presentations, Conferences, Symposia, Workshops: (*=invited)

Modeling of Cohesive Sediment Transport, Department of Engineering Sciences, University of Florida, Gainesville, Florida.

A Study of Tidal Disturbances in Channels of Finite Length, Department of Civil Engineering, Aristotle University, Thessaloniki, Greece, February 1981.

Evolution of Breach During Dam Failures, Environmental Laboratory, US Army Corps of Engineers, Waterways Experiment Station, Vicksburg, Mississippi, October 1984.

Hydrodynamics of Earthen-Dam Breach Modeling, Department of Civil Engineering, University of Texas at El Paso, El Paso, Texas, July 1985 (*).

Energy Dissipation in Tidal Waterways, ASCE Specialty Conference on Hydraulics and Hydrology in the Small Computer Age, Lake Buena Vista, Florida, August 1985.

Simulation of Dynamics of Sedimentation Processes in Estuaries, Department of Civil Engineering, Louisiana State University, Baton Rouge, Louisiana, October 1985 (*).

Special Topics on Finite Element Method, Department of Civil Engineering, Louisiana State University, Baton Rouge, Louisiana, November 1985 (*).

Mud Flows and Sedimentation Problems Associated with a Dam-Break Event, 3rd Int'! Conf. on River Sedimentation, Jackson, Mississippi, April 1986.

Hydrodynamics of Earth Fill Dam Breach Erosion, Water Forum '86, World Water Issues in Evolution, ASCE, Long Beach, California, August 1986. Modeling of Estuarine Processes, Charlotte Harbor Technical Advisory Committee, US Geological Survey, Tampa, Florida, February 1987 (*).

Analytical Approach of Sediment Dynamics, Department of Civil and Ocean Engineering, Stevens Institute of Technology, Castle Point, Hoboken, New Jersey, February 1987 (*).

17 P.O. SCARLATOS

Modeling of Suspended Sediment Flows, A WRA Symposium on Monitoring, Modeling, and Mediating Water Quality, Syracuse, New York, May 1987.

Simulation and Management of Complex Water Resource Systems, Department of Civil Engineering, North Carolina A&T State University, Greensboro, N. Carolina, May 1987 (*)

Sediment Transport Studies of Kissimmee River, Conference on the Rivers of Florida: Scientific, Research Approaches, Management Initiatives, Tallahassee, Florida, June 1987 (*).

Microstructure of Cohesive Sediment Suspensions, Department of Civil Engineering, University of Florida, Gainesville, Florida, September 1987.

An Expert System for Evaluation of Data Quality, 23rd A WRA Conference, Special Session on: Automated Quality Control Techniques for Hydrometeorological Data, Salt Lake City, Utah, November 1987.

Modeling and Regulation of Estuarine Systems: Application to the Caloosahatchee Estuary, Division of Applied Marine Physics and Ocean Engineering, Rosensteil School of Marine and Atmospheric Sciences, University of Miami, Miami, Florida, March 1988 (*).

Environmental Issues and Simulation of Water Resource Systems, Department of Ocean Engineering, Florida Atlantic University, Boca Raton, Florida, March 1988 (*).

Expert Systems in Water Resources, First Florida Artificial Intelligence Research Symposium, Orlando, Florida, May 1988.

Participation in: Estuarine Fluid Mud Dynamics, Int'l Workshop on Estuarine and Coastal Cohesive Sediment Dynamics: Physics of High Concentration Suspensions and Field Measurements, Palm Coast, Florida 1988 (*).

Caloosahatchee Estuary Hydrodynamics, Presentation to the South Florida Water Management District Governing Board, West Palm Beach, Florida, June 1988 (*).

Restoration Hydraulics: Hydraulic Energy Gradients Along Pre-Project and Revitalized River Sections, Symposium on Kissimmee River restoration, Orlando, Florida, October 1988 (*).

Erosion and Entrainment of Estuarine Fluid Muds, Department of Ocean Engineering, Florida Atlantic University, Boca Raton, Florida May 1989 (*).

A Continuum Mechanics Approach of Loose-Bed Motion, Int'\ Symposium on Sediment Transport Modeling, ASCE, New Orleans, Louisiana, August 1989.

Field Data for Evaluation of Estuarine Mathematical Models, 3rd Nat'l Conference on Hydraulic Engineering, ASCE, New Orleans, Louisiana, August 1989.

Lowland Hydraulics and Hydrodynamics, 3rd Nat'l Conference on Hydraulic Engineering, ASCE, New Orleans, Louisiana, August 1989.

Analysis of Local Scouring, 3rd Nat'l Conference on Hydraulic Engineering, ASCE, New Orleans, Louisiana, August 1989.

18 P.D. SCARLATOS

Assessment and Quantification of Sedimentation Problems, St. Johns River Water Management District, Palatka, Florida, February 1990 (*).

Experimental Investigation of Gravity Driven Hyperconcentrated Flows, Int'! Symposium on the Hydraulics/Hydrology of Arid Lands, ASCE, San Diego, California, August 1990.

Instability of Water-Fluid Mud Interface, Nat'! Conference on Hydraulic Engineering, ASCE, San Diego, California, August 1990.

Participation in: Fluid Mud Behavior, Int'l Workshop on Towards a Definition of Mud, Royal Belgian Institute for Natural Sciences, Brussels, Belgium, November 1990 (*).

Dynamics of Estuary Sediments, A WRA, Florida Section, Bi-Monthly Meeting, West Palm Beach, November 1990 (*).

Instability and Entrainment of Fluid Mud-Water Interface, Int'l Workshop on Nearshore and Estuarine Cohesive Sediment Transport, St. Petersburg, Florida, April 1991 (*).

Environmental Issues: Education and Research - An FAU Perspective, Our Florida Environment: A Focus for Partnership, Boca Raton, Florida, April 1991.

Fluid Mud Problems in Lakes, Reservoirs and Detention Ponds, Nat'! Conference on Hydraulic Engineering, ASCE, Nashville, Tennessee, August 1991.

Modeling of Sedimentation Processes in Closed-End Canals, 2nd Int'! Conference on Estuarine and Coastal Modeling, Tampa, Florida, November 1991.

Phosphorus Adsorption/Release from Suspended Sediments, Water Forum '92, Nat'! Conference on Environmental Engineering, ASCE, Baltimore, August 1992.

Erosion of a Thin Lutocline Under Homogeneous Turbulence Conditions, Water Forum '92, Nat'! Conference on Hydraulic Engineering, ASCE, Baltimore, August 1992.

Instability of Water-Fluid Mud Interface, Department of Mechanical Engineering, University of Miami, Coral Gables, Florida, September 1992 (*).

Cohesive Sediment-Nutrient Exchange in Aquatic Ecosystems, Int'l Conference on Managing Water Resources During Global Change, AWRA, Reno, Nevada, November 1992.

The Role of Monitoring Wells in Modern Landfill Designs, First Annual Solid Waste Research Symposium, Florida Center for Solid and Hazardous Waste Management, Orlando, Florida, May 1993 (*).

Fractal Dimension of Aggregated Sediments, Nat'l Conference on Hydraulic Engineering, ASCE, San Francisco, California, July I 993. Sediments in the Lower St. Johns River Basin, A Lower St. Johns River Workshop - Sediments, Hydrodynamics, Water Quality, and Related Issues, Atlantic Beach, Florida, Sept. 1993 (*).

Sediment Quality Criteria, Graduate Seminar, Florida International University, Miami, September 1993 (*).

19 P.D. SCARLA TOS

Microstructure Simulation of Suspended Sediments, 4th Int'! Symposium on Stratified Flows, Grenoble, France, June 1994.

Quality Criteria for Contaminated Sediments, 4th Nearshore and Estuarine Cohesive Sediment Transport Conference, EUROCOH 94, Wallingford, U.K., July 1994.

Participation in: Scoping Field and Laboratory Investigations in Coastal Inlet Research: A Technical Assessment, Workshop, Daytona Beach, Florida, September 1994 (*).

Tidal Inlet Processes, Graduate Seminar, Florida International University, Miami, Oct. 1994 (*).

Groundwater Environmental Issues in Southern Florida, Stevens Institute of Technology 125th Anniversary Seminar, Manalapan, Florida, February 1995 (*).

Environmental Education for Ocean Engineers, ASEE Annual Conference, Anaheim, California, June 1995.

Artificial Neural Network Simulation of Alluvial River Characteristics, First Int'! Conference on Water Resources Engineering, ASCE, San Antonio, Texas, August 1995.

Experiments on Resuspension of Fluid Mud Using an Oscillating-Grid Tank, 11th Engineering Mechanics Conference, ASCE, Ft. Lauderdale, Florida, May 1996

Experiments on Water-Sediment Nutrient Partitioning Under Turbulent, Shear and Diffusive Conditions, 7th Int'! Symposium on The Interactions Between Sediments and Water, Baveno, Italy, September 1996.

Dynamics of Cohesive Sediment Subject to Parallel Shear Flow, 5th Ins'te of Mathematics & Its Applications Conference on Stratified Flows: Mixing and Dispersion in Stably Stratified Flows, University of Dundee, Dundee, Scotland, U.K., September 1996.

Identification of Appropriate Uses of Arsenic-Contaminated Recovered Screened Material from Construction and Demolition Debris Recycling Facilities, 4th Annual Research Symposium, FCSHWM, Tampa, Florida, October 1996.

Mixing of Two-Layered Stratified Systems, Saint-Venant Symposium, Ecole Nationale des Ponts et Chaussees, Paris, Prance, August 1997.

Participation in: Evaluation of US Technologies for Applicability to Other Countries, US-lndiaTrinidad Joint Workshop, Boca Raton, Florida, May 1998.

Participation in: Biomass for Cleaner Environment, US-India-Trinidad Joint Workshop, Gainesville, Florida, May 1998.

Recovered Screened Materials from Construction and Demolition Debris, International Conference on Protection and Restoration of the Environment IV, Halkidiki, Greece, July 1998.

Participation in: Preservation 2000 Myths & Realities - Is One Million Acres Enough?, 23rd Annual Conf. On Water Management, Tampa, Florida, October 1998.

20 P.D. SCARLATOS

Participation in: Trends and Updates, 6th Annual Florida Environmental EXPO: Compliance and Beyond: Doing More with Less, Track 11, Tampa, Florida, October 1998.

Modeling of Fecal Coliform Concentrations in the North Fork, New River, Blue Ribbon Committee, City of Fort Lauderdale, Florida, May 1999.

Participation in: Promover el Desarrollo de un Plan de Accion de Agua para las Americas, Third Inter-American Dialogue on Water Management - Facing the Emerging Water Crisis of the 21 st

Century, Panama City, Panama, March 1999.

Computer Modeling of Fecal Coliform Contamination of an Urban Estuarine System, 4th

International Conference on Diffuse Pollution, Bangkok, Thailand, January 2000.

Prediction of Ground Level Ozone Concentration Using Artificial Neural Network Modeling, 8th

International Conference on Development and Application of Computer Techniques to Environmental Studies - ENVIROSOFT 2000, Bilbao, Spain, June 2000.

An Investigation of Fecal Coliform Contamination in Estuarine Waters, International Conference on Protection and Restoration of the Environment V, Thassos, Greece, July 2000.

Geotechnical Properties of Municipal Waste Incinerator Ash, 5th Int'! Symposium on Environmental Geotechnology and Global Sustainable Development, Poster, Belo Horizonte, Minas Gerais, Brazil, August 2000.

On the Geometry of Cohesive Settling Particles, INTERCOH 2000, 6th Int'l Conference on Nearshore and Estuarine Sediment Transport Processes, WL-Delft Hydraulics, Delft, The Netherlands, September 2000.

Ozone Forecasting Using Neural Networks, 2000 Annual Air Meeting, Division of Air Resources Management, Florida Department of Environmental Protection, Buena Vista, Florida, September 2000 (*).

An Integrated Approach for a Computerized Urban Storm Water Management", Int'! Conference and Exhibition on Ecological Protection of the Planet Earth, Xanthi, Greece, June 2001.

Participation in: Physical, Chemical & Biological Attack on Water Resources, Water Security Summit, Hartford, Connecticut, December 2001.

Participation in: America 's Infrastructure: Rebuilding our Economic Backbone, Metroplan & ASCE, Orlando, Florida, February 2002.

Participation in: Hydrologic Modeling and Related Processes Workshop, USGS, Ft. Lauderdale, Florida, May 2002.

Quantification of Industrial Wastestreams for Development of Pollution Prevention Practices, 6th

Int'! Conference on Protection and Restoration of the Environment, Skiathos Island, Greece July 2002.

Participation in: The First Joint Statewide Pollution Prevention and Environment Essentials Conference - Uniting Florida's Environment and Industry, TREEO, Miami Beach, Florida, July 2002.

21 P.D. SCARLA TOS

Civil Engineering - An Old Profession Viewed Through the Needs of the 21st Century, 2nd Latin American and Caribbean Conference for Engineering and Technology - Challenges and Opportunities for Engineering Education, Research and Development, Miami, Florida, June 2004.

Simulation of Gasoline Emissions from Stationary and Mobile Sources, Int'! Conference on Protection and Restoration of the Environment VII, Mykonos, Greece, June 2004.

Design of a "Green Building" for the College of Engineering and Computer Science, Florida Atlantic University - A Senior Design Project, 3nd Latin American and Caribbean Conference for Engineering and Technology - Advances in Engineering and Technology - A Global Perspective, Cartagena, Colombia, June 2005.

Participation in: The 4th Congress on Infrastructure Security for Built Environment, ASCE/ASME, Saint Augustine, Florida, October 2005.

Participation in: r Florida Radar Rainfall User Workshop, One Rain-The Rainfall Company, Orlando, Florida, November 2005.

Participation in: 28th Annual National Hurricane Conference, Orlando, Florida, April 2006.

Participation in: Green Lodging Workshop and Assessor Training, FDEP, Tampa, Florida, May 2006.

Participation in: Improving Indoor Air Quality and Energy Efficiency in Hotels and Public Buildings in Florida, TREEO, University of Florida, Tampa, Florida, May 2006.

Participation in: Green Lodging Workshop, FDEP & Society of for Ethical Ecotourism in SW Florida, Fort Myers, Florida, May 2006.

Flow Measurements in Tidal Spillways, 4th Latin American and Caribbean Conference for Engineering and Technology - Breaking Frontiers and Barriers in Engineering Education, Research and Practice, Mayaguez, Puerto Rico, June 2006.

Baccalaureate Studies in Maritime Engineering and Management, 4th Latin American and Caribbean Conference for Engineering and Technology - Breaking Frontiers and Barriers in Engineering Education, Research and Practice, Mayaguez, Puerto Rico, June 2006.

Participation in: Ft International Symposium on Freeway and Tollway Operations, TRB, Athens, Greece, May 2006. ·

Flow Rate Estimation Through Gated Spillways, Int'! Conference on Protection and Restoration of the Environment VIII, Crete, Greece, July 2006.

Participation in: ITE 2006 Annual Meeting and Exhibit, Institute of Transportation Engineers, Milwaukee, Wisconsin, August 2006.

How Florida Green Lodging Can Save You Money While Protecting Our Resources, FDEP Sponsored Seminar, Florida Restaurant and Lodging Show, Orlando, September 2006. (*)

22 P.D. SCARLATOS

Participation in: Aviation/Aerospace/Engineering Cluster Meeting, Workforce Alliance, West Palm Beach, Florida, October 2006 (*).

Participation in: Transportation Systems Security Management: Coming to Your Senses With Regard to Intermodal Transportation Safety and Security - Air, Land, Sea and Space, Florida Institute of Technology, Melbourne, Florida, October 2006 (*).

Participation in: Florida Homeland Security Consortium - Chemical and Biological Sensors, University of Florida, Orlando, Florida, October 2006 (*).

Participation in: Workshop on Morphodynamics in Coastal Engineering, FDEP & University of Florida, Gainesville, Florida, October 2006 (*).

Participation in: Transportation Management Initiative Forum, City of Boca Raton, Boca Raton, Florida, October 2006 (*).

Participation in: Transportation Research Board of the National Academies, TRB 86 th Annual Meeting, Washington D.C., January 2007.

Participation in: Accountability: Results After 5-Years of Business Planning, FDOT - District 4, Fern Forest Park, Pompano, Florida, March 2007 (*).

Participation in: Hurricane Mitigation Workshop - Latin American (LA) Grid (IBM), Florida International University, Miami, Florida, April 2007 (*).

Center for lntermodal Transportation Safety and Security - A Research Overview, Invited Seminar, University of Florida, Gainesville, Florida, April 2007 (*).

Participation in: GovSec, U.S. Law and READY! 2007, Washington Convention Center, Washington, DC, May 2007.

Curriculum on Safety and Security of Civil Infrastructure, 1th Latin American and Caribbean Conference for Engineering and Technology - LACCEI-NSF Workshop on the Global Engineering Education Challenge for the Americas, Tampico, Mexico, May 2007.

Flow Estimations through Spillways under Submerged Tidal Conditions, 13th International Conference on Computational Methods and Experimental Measurements, Prague, Czech Republic, June 2007.

How Florida's Hospitality Industry Can Save Money While Protecting the State's Environment, FDEP, Florida Restaurant and Lodging Association Show, Orlando, September 2007 (*).

Participation in: Florida Department of Transportation Research Symposium, FDOT, Orlando, Florida, September 2007.

Participation in: Transportation Research Board of the National Academies, TRB 87tl1 Annual Meeting, Washington D.C., January 2008.

Participation in: Climate Protection and Greenhouse Gas Reduction Workshop for Local Governments, CDM, West Palm Beach, Florida, February 2008.

23 P.O. SCARLA TOS

University Consortium for Intermodal Transportation Safety and Security - A Summary of Research Activities, 2008 LACCEI Annual Conference & Exposition, Tegucigalpa, Honduras, June 2008.

Computer Simulation and Animation for Catastrophic Flood Events, 9th Int'! Conference on Protection and Restoration of the Environment, Kefalonia, Greece, July 2008.

Participation in: Transportation Research Board of the National Academies, TRB 88th Annual Meeting, Washington D.C., January 2009.

Participation in: City of West Palm Beach Sustainability Summit 2009, City of West Palm Beach, February 2009.

Participation in: Human Services Transportation Summit, Metropolitan Planning Organization, West Palm Beach, March 2009

Participation in: Annual Convention and Legislative Summit, American Council of Engineering Companies, Washington, D.C., April 2009.

Introduction of Academic Programs Related to Logistics and port Development, Simposio Internacional en Logistics y Desarrollo Portuario, Ponce, Puerto Rico, May 2009 (*).

Port Security, Simposio Internacional en Logistics y Desarrollo Portuario, Ponce, Puerto Rico, May 2009 (*).

Participation in: 11 th Annual Harbor Safety Committee Conference, Transportation Research Board, Tampa, Florida, May 2009.

Simulation and Visualization Applications for Security Analysis of Infrastructure Facilities, 2009 EURO SIW, European Simulation Interoperability Workshop, Istanbul, Turkey, July 2009.

Participation in: Transportation Research Board of the National Academies, TRB 89th Annual Meeting, Washington D.C., January 2010.

Participation in: PRESAGIS - Military Urban Simulation Seminar, PRESAGIS, Orlando, Florida, February 2010.

Participation in: Florida Infrastructure Sustainability Forum, Florida International University Engineering Center, Miami, Florida, February 2010.

Participation in: Sustainable Water Resources - Complex Challenges, Integrated Solutions Symposium, University of Florida Water Institute, Gainesville, Florida, February 2010.

Participation in: High Speed Rail 2010- Bringing High Speed Rail to America, U.S. High Speed Rail Association, Orlando, Florida, March 2010.

Participation in: Tech Days in Tallahassee - Florida technology Summit, TECH AMERICA, Tallahassee, Florida, March 2010.

24 P.O. SCARLA TOS

5. Research:

5.1 Sponsored Research:

Florida Atlantic University, Boca Raton, Florida:

Principal Investigator - Project: "Procedures for Underground Piping Installations in Florida's Public Schools, Community Colleges, and Universities", Office of Educational Facilities, Florida Department of Education, 1989-90 ($39,500) (Co.P.I. D.V. Reddy).

Principal Investigator - Project: "Design of Border-Irrigation Fields for Optimization of Water Demand and Erosion Control", Florida-Israel Institute, 1990 ($3,500).

Principal Investigator - Project: "Establishment of Long-Term Data for Estuarine and Coastal Waters - A Workshop", Division of Marine Resources, Florida Department of Natural Resources, 1990-92 ($62,516).

Principal Investigator - Project: "The Role of Fine Sediments on the Transport and Fate of Nutrients in Aquatic Systems", South Florida Water Management District and U.S. Geological Survey, 1991-93 ($70,400).

Chairman of Manpower Committee - Project: "Five-Year Plan for an FA U Center of Excellence in Environmental Education and Research", Donnel-Kay Foundation, 1991 ($10,000).

Principal Investigator - Project: "The Role of Monitoring Wells in Modern Landfill Design", Florida Center for Solid and Hazardous Waste Management, 1992-93 ($20,950) (Co.P.I.: J.E. Fluet).

Principal Investigator - Project: "Microstructure Simulation of Suspended Sediments", Peace Fellowship Program, Egyptian Cultural and Educational Bureau, 1993 ($4,000).

Principal Investigator - Project: "The Role of Monitoring Wells in Modern Landfill Design", Waste Management Inc. - South Group, 1992-93 ($19,000) (Co.P.I.: J.E. Fluet).

Principal Investigator - Project: "Simulation and Optimization of Dual Purpose Desalination Processes", Peace Fellowship Program, Egyptian Cultural and Educational Bureau, 1994 ($4,000).

Principal Investigator - Project: "Procedures for Waste Reduction Generated by Large Industries", Hazardous Waste Regulation Section, Florida Department of Environmental Protection, 1995-96 ($25,000).

Principal Investigator - Project: "Ecological Impact of Arsenic and Other Trace Metals from Application of Recovered Screened Material (RMS) on Florida Soils", Florida Center for Solid and Hazardous Waste Management, 1996-97 ($20,000).

Principal Investigator - Project: "Ecological Impact of Arsenic and Other Trace Metals from Application of Recovered Screened Material (RMS) on Florida Soils", Florida Center for Environmental Studies, 1996-97 ($5,000).

25 P.O. SCARLATOS

Principal Investigator - Project: "Optimization of Waste Reduction Procedures as Applied to Large Industries", Hazardous Waste Regulation Section, Florida Department of Environmental Protection, 1996-97 ($10,000).

Principal Investigator - Project: "Computer Simulation of the Hydrodynamics and Pollutant Transport of North Fork - New River - Special Reference to Coliform Populations", City of Fort Lauderdale, 1997-98 ($27,100).

Principal Investigator - Project: "Development of an Artificial Neural Network (ANN) Model for Ground-Level Ozone Forecasting in Palm Beach County, Florida", Air Pollution Control Section, Division of Environmental Health and Engineering, Florida Department of Health, 1998-99 ($25,000).

Principal Investigator - Project: "Evaluation of the Stormwater Drainage Facilities of the Village of Tequesta", Stormwater Utility, Village of Tequesta, Florida, 1999 ($12,000).

Principal Investigator - Project: "Geotechnical Laboratory Services - Beneficial Use Determination of Ash Residue Project", Camp, Dresser & McKee, Inc., 1999-20 ($15,706).

Principal Investigator - Project: "Development of A Baseline Inventory of Industries for Pollution Prevention Assessment" Florida Department of Environmental Protection, 2000 ($15,500).

Principal Investigator - Project: "GIS Application for Storm Water Management in the Village of Tequesta", Stormwater Utility, Village of Tequesta, Florida, 2000 ($22,000).

Principal Investigator - Project: "Investigation of Factors Affecting the Waste Production Rates of Similar Industries", Center for Environmental Studies & Florida Department of Environmental Protection, 200 I ($4,000).

Principal Investigator - Project: "Factors Affecting the Effectiveness of Pollution Prevention Practices in Different Industries", Center for Environmental Studies & Florida Department of Environmental Protection, 2002 ($10,000).

Consultant - Project: "ISO-I4000 Analysis of Florida Atlantic University and Development of a University Prototype for ISO-I4000 Environmental Management Systems", Center for Environmental Studies & Florida Department of Environmental Protection, 2002 ($25,000).

Co-PI - Project: "Green Lodging Project: Solid Waste Management, Waste Reduction, and Water Conservation", Florida Department of Environmental Protection, 2006 ($68,523) (PI: D. Meeroff)

Principal Investigator - Project: "Town of Davie Stormwater System Improvements", Town of Davie & Ben Chen and Associates, 2005-07 ($35,067)

Co-Pl - Project: "Green Lodging Project Energy Efficiency and Clean Air Practices", Florida Department of Environmental Protection, 2006 ($76.000) (PI: D. Meeroff)

Project Manager - Project: "Florida State University System Center for Intermodal Transportation Safety - ITS Research Projects" Federal Highway Administration, US-DOT, 2006-10 ($2,133,494)

26 P.O. SCARLATOS

PI - Project: "Pre-Disaster Evacuation Planning and Management", FEMA, (2010-11) ($400,000)

Research Consultant: "Development of a Methodology of the Assessment of Mitigation of Sea Level Rise", FDOT, (2010-11) ($140,000)

South Florida Water Management District, West Palm Beach, Florida:

Project Manager - Project: "Feasibility Study of Pneumatic Salinity Barrier at Structure S-21A", SFWMD/Engineering Hydraulics, Inc., 1986.

Principal Investigator - Project: "Caloosahatchee Estuary Hydrodynamics", South Florida Water Management District, 1986-87.

Project Associate Manager - Project: "Physical and Mathematical Modeling of Kissimmee River Restoration Alternatives", SFWMD/Department of Civil Engineering, University of California at Berkeley, 1986-88,

Project Associate Manager - Project: "Hydrologic and Hydraulic Analysis of Kissimmee River Restoration", South Florida Water Management District, 1986-88.

Project Manager - Project: "Expert System for Evaluating Stormwater Permit Application" SFWMD/Department of Environmental Sciences & Engineering, University of Florida, 1987-88.

Project Associate Manager - Project: "Lake Okeechobee Hydrodynamics", SFWMD/University of Florida/Florida Institute of Technology, 1987-89.

Louisiana State University, Baton Rouge, Louisiana:

Post Doctoral Research Associate - Project: "Avoca Levee Influence on Terrebone Marsh Hydrology", Louisiana Sea Grant College Program, NOAA, U.S. Department of Commerce, 1981-83 (P.I.: F.Wang).

Post Doctoral Research Associate - Project: "Development of the Atchafalaya River Delta - An Analytical Analysis", Waterways Experiment Station, U.S. Army Corps of Engineers, 1981-83 (P.I.: F. Wang).

Post Doctoral Research Associate - Project: "Quantifying the Effect of Land Use Changes with Particular Reference to Basins in Louisiana", Louisiana Water Resources Research Institute, U.S. Department oflnterior, 1984 (P.I.: V.P. Singh).

Co-Principal Investigator - Project: "Breach Erosion of Earth-Fill Dams and Flood Routing", Waterways Experiment Station, U.S. Army Corps of Engineers, 1984-85 (P.I.: V.P. Singh).

Aristotle University, Thessaloniki, Greece:

Principle Investigator - Project: "Harmonic Analysis of Co-Oscillating Tides", Ministry of Education and Religion, 1980-81.

27 P.O. SCARLATOS

University of Florida, Gainesville, Florida:

Graduate Research Assistant - Project: "Deposition of Fine Sediments in Turbulent Flows", National Science Foundation, 1978-79 (P.I.: E.M. Partheniades).

5.2 Unsponsored Research:

Florida Atlantic University, Boca Raton, Florida:

Dynamics of Hyperconcentrated Flows Analysis of Sedimentation in Closed-End Canals Wind Effects on Density-Stratified Systems Instability of Water-Fluid Mud Interface Inlet Dynamics and Sedimentation Fractal Analysis of Settling Aggregates Application of ANN to River Sedimentation Problems

6. Professional Services:

6.1 Membership in Professional Societies:

Member - American Society of Civil Engineers (ASCE), USA (JD # 214649) ASCE Tidal Hydraulics Committee: Chairman (1993-94)

Control Member ( 1991-95) Corresponding Member (1987-91, 96-98)

ASCE Task Committee on Prestandardization of Modeling of Tidal Hydrodynamics: Chairman (1992-94)

ASCE Task Committee on Drainage Design Problems in Atlantic and Gulf Coastal Regions: Corresponding Member (1988-91)

Member - American Water Resources Association (A WRA), USA (JD# 13439) A WRA Conference Planning Committee (1993-94) A WRA Education Committee ( 1991-92) A WRA Publications Committee ( 1987-91) A WRA Working Group on Modeling/Statistics ( 1987-91, 1994-95) AWRA Working Group on Water Quality (1987-91, 1994-95) A WRA Working Group on Surface Hydrology (1994-95) A WRA Working Group on Water Resources ( 1997-98)

Member - American Geophysical Union (AGU), USA (JD# 09292878) Member - American Institute of Physics (AIP), USA Member - Int'! Association for Hydraulic Research (IAHR), The Netherlands (JD# 3494) Member - Technical Chamber of Greece (TEE), Greece (JD # 18269)

F AU Representative of Transportation Research Board (2006-07)

Former Member of: American Academy of Mechanics, USA American Artificial Intelligence Association, USA International Water Resources Association, USA

28 P.O. SCARLA TOS

Estuarine and Brackish-Water Sciences Association, U.K. Marine Resources Council, Florida, USA Comite UP ADI de Ingeniera Oceanica y Costera, Brazil

6.2 Professional Registration:

Professional Civil Engineer, Reg# 1298, European Union - Greece

6.3 University Service:

F AU - University Level: F AU-HBOI Coordinating Committee, Member (2008) Faculty Senate, FAU Boca Raton Campus, Member (2001-04) Honors Program Committee, Member (1993-95) Environmental Initiative, Research Coordinator ( 1992-93) Honors Program Ad Hoc Committee, Member (1991-93) North Palm Beach Engineering Advisory Committee, Member (1991) Center for Excellence in Environmental Education and Research, Chairman of

Manpower Committee (1991) Environmental Research and Education Committee, Member (I 990-91) Library Committee, Member ( 1990-92) Curriculum Committee, Member ( 1990-92) Core Curriculum Ad Hoc Committee, Member (1990-91)

FAU - College Level: College of Engineering & Computer Science, Executive Committee Member (2004-10) College of Engineering, Alternate Secretary ( 1993-94) Policy & Development Committee, Member (1997-04) Graduate Studies Committee, Member (2001-02)

F AU - Department Level: Civil Engineering Graduate Program, Coordinator (1995-00) Facilities and Resource Committee, Member (1993-99) Undergraduate Curriculum Committee, Member ( 1992-99) Research Committee, Member ( 1991-00) Environmental Engineering Program, Coordinator (1989-00)

6.4 Principal Consultancies:

McIntosh, Inc. "Bed Erosion Induced by Boat Propeller Action", Consultant (1990).

Stephens, Lynn, Klein & McNicholas, P.A. "Winston Towers vs Amerifirst Bank et al.", Expert Witness on coastal erosion (1991).

US Army Corps of Engineers "St. Johns River Water Quality - Sediment Management", Principal Investigator, Dunn & Associates (1992-94).

ECOHTEK, Inc. "Environmental Impact Assessment of US Courthouse Columbia. S.C.", Consultant (1993).

29 P.D. SCARLA TOS

ECOHTEK, Inc. "Phase II Environmental Site Assessment - Ideal Industrial Center, Miami", Consultant (1993).

Earth Satellite Corp. & Danish Hydraulic Institute, "Developing a Small Scale Integrated Surface & Ground Water Model" funded by the SFWMD, Consultant (1996-98).

The Meyers Companies, "Royal Construction, Inc. vs South Florida Water Management District -Crestwood Development Water Management Comprehensive Plan", Expert Witness on Drainage (1996).

Florida Center for Environmental Studies, "Restoration of the Rio Chico and the Las Mercedes Paparo Canal System", Consultant (1999).

Martinez Consultores, S.A., "Modeling of the Mud Slides and Debris-Flow Affected Areas in the North Central Coast of Venezuela", Principle Consultant (2000).

Camp, Dresser & McKee, Inc. "Analysis of Water Treatment Plant Survey Data - Lime Sludge Recalcination Project", Consultant (2000-01).

Emerald Estates HOA, "Emerald Estates vs. Lennar, Inc.", Expert Witness on Irrigation (2002).

Sierra Club, "Beacon Lakes - Miami Dade NW Well Field Project", Expert Witness on Groundwater Contamination (2002).

CEPEMAR Environmental Services, Engineering Consultant (2004).

South Florida Water Management District, "Tidal Hydraulics at Coastal Spillways" (2004-05).

South Florida Water Management District, "Improvement of Flow Estimation at Coastal Spillways" (2006)

Nirma University, Ahmadabad, India, "Educational and Research Opportunities in Civil Engineering" (2006)

Sergio Arboleda University, Santa Marta, Colombia, "Curriculum Development in Maritime Management and Engineering" (2006)

El Triumfo, Guatemala, "Assessment of Water Distribution and Other Infrastructure Needs" (2006)

U.S. Attorney's Office, Southern New York District, U.S. Department of Justice, "Altria vs. United States", Expert Witness on power plant estimated life and importance to local infrastructure (2007-09).

U.S. l.R.S. Attorney, New York, New York "Confidential". Expert Witness on civil infrastructure components ( on-going).

30 P.O. SCARLATOS

6.5 Other Activities:

Organizer & Chairman of Workshop on "Feasibility Assessment and Strategic Planning for a State-Wide, Long-Term Data Collection Program for Estuarine and Coastal Waters", Pine Jog Center, West Palm Beach, Florida, March 1992.

Chairman of Session 4A: "Applications", 2nd Int'! Conference on Estuarine and Coastal Modeling, ASCE, Tampa, Florida, November 1992.

Co-Chairman of Session HM- I: "Hydraulic Measurement I", 1993 Nat'l Conference on Hydraulic Engineering, ASCE, San Francisco, California, July 1993.

Chairman of Session: "Modelling I", 4th Nearshore and Estuarine Cohesive Sediment Transport Conference, EUROCOH 94, Wallingford, England, July 1994.

Chairman of Session C-64: "Tidal and Coastal Hydraulics", 1st Int'! Conference on Water Resources, ASCE, San Antonio, Texas, August 1995.

Co-Chairman of Session C-6: "Turbulence and Sediment Transport II", 11th Engineering Mechanics Conference, ASCE, Fort Lauderdale, Florida, May 1996.

Member of the Local Organizing Committee: 11th Engineering Mechanics Conference, ASCE, Fort Lauderdale, Florida, May 1996.

Co-Chairman of Session: "Solid Waste Management I", Int'! Conf. On Protection and Restoration of the Environment IV, Halkidiki, Greece, July 1998.

Chairman of Session 11: "Meteorology and Climatology", ENVIROSOFT 2000, Bilbao, Spain, June 2000.

Chairman of Session: "Coastal and Open Sea Waters I", Int'! Conference on Protection and Restoration of the Environment V, Thassos Island, Greece, July 2000.

Member of Scientific Committee: Int 'l Conference on Protection and Restoration of the Environment V, Thassos Island, Greece, July 2000.

Member of the Scientific Committee: F' Int 'l Conference on Ecological Protection of the Planet Earth, Xanthi, Greece, June 200 I.

Chairman of Session: "Numerical Modeling", I st Int'! Conference on Ecological Protection of the Planet Earth, Xanthi, Greece, June 2001.

Member of the Scientific Advisory Committee: 9th Int 'l Conference on The Modelling, Monitoring and Management of Environmental Problems, Bergen, Norway, May 2002.

Member of the Scientific Committee: 6th Int'! Conference on Protection and Restoration of the Environment, Skiathos Island, Greece, July 2002.

Co-Chairman of Session: "Surface Water Flow and Quality: Measuring, management and contamination control", Int'! Conference on Protection and Restoration of the Environment VI, Skiathos Island, Greece, July 2002.

31 P.D. SCARLA TOS

Member of the Scientific Committee: "5th National Conference of the Greek Committee of Water Resource Management (EE1 YII) -An Integrated Management of Water Resources of Watershed Basis", Democritus University of Thrace, Xanthi, Greece, April 2005.

Member of the Scientific Committee: "International Conference on Protection and Restoration of the Environment VII", Mykonos, Greece, June 2004.

Moderator of the Session: "Engineering Education", 2nd International Latin American and Caribbean Conference for Engineering and Technology - Challenges and Opportunities for Engineering Education, Research and Development, Miami, June 2004.

Chairperson of: Session 3: "Engineering Education", 4th Latin American and Caribbean Conference for Engineering and Technology - Breaking Frontiers and Barriers in Engineering Education, Research and Practice, Mayaguez, Puerto Rico, June 2006.

Co-Chairman of Session 14: "Protection and Restoration of Coastal Zone II", Int'! Conference on Protection and Restoration of the Environment VIII, Crete, Greece, July 2006.

Member of the Scientific Committee: "9th International Conference on Protection and Restoration of the Environment", Kefalonia, Greece, July 2008.

Chairman of Session A6: "Water Resources Engineering and Management", Int'! Conference on Protection and Restoration of the Environment IX, Kefalonia, Greece, July 2008.

Member of the Scientific Committee: "10th International Conference on Protection and Restoration of the Environment", Corfu, Greece, July 2010.

Interviewed by CNN, CBS and NBC TV channels for the Deep Sea Horizon oil spill.

7. Professional Recognition:

7.1 Honors and Awards:

Fulbright Award for Aegean Initiative Program, (nominated but withdrew for AY 2004-05) Dean's Faculty Award, College of Engineering, FAU (2003) Teaching Incentive Program (TIP) Award, College of Engineering, FAU (1995) FEEDS Exceptional Professor Award, (nominated by the Div. of Environ. Sci. & Eng., HRS/Palm

Beach Co.) FAU (1994) Fulbright Scholar Research Grantee ( 1992) Outstanding Achievement and Performance Award, Florida Atlantic University (1990) NATO Research Fellow (1978-79) Merit Scholarship, Institute of National Scholarships, Greece (1967-68-69)

7.2 Biographical Listings:

International Directory of Distinguished Leadership, 1st Edition Personalities of America, 4th Edition American Men and Women of Science, 21st Edition International Book of Honor, 2nd Edition

32 P.O. SCARLATOS

Personalities of the Americas, 1st Edition Men of Achievement, 12th Edition 5,000 Personalities of the World, 2nd Edition Dictionary oflnternational Biography, Volume XX Marquis Who's Who in Science and Engineering, 1st Edition, 8th Edition Marquis Who's Who in American Education, 3rd Edition Marquis Who's Who in the South and Southwest, 25th, 26th Edition Marquis Who's Who in Finance and Industry, 30th Edition Marquis Who's Who in America, 57 th Edition Who's Who in Engineering Education, 2002 Edition International Executive Guild Registry, 2002 Edition

8. Other Information:

8.1 Foreign Languages:

Greek (fluently) French (basic)

8.2 Public/Professional Services:

Member of the Industrial Advisory Board of the Department of Civil, Architectural, and Environmental Engineering, University of Miami, 1999-2004

Member of the Blue Ribbon Committee on the Water Quality of North Fork of the New River, City of Ft. Lauderdale, 1996-99

Member of the Pollution Prevention Coalition, Palm Beach County, Florida, 1996-09 Member of the 1999 EPA Peer Review Panel for Graduate Fellowships, STAR Program Member of the Peer Review Panel for the U.S. Fulbright Scholar Program (CIES) 1999-02

University Council on Water Resources (reviewer of USGS research proposals) Natural Sciences and Engineering Council of Canada, Ottawa, Canada (reviewer of research

proposals) Natural Environmental Research Council, Swindon, U.K. (reviewer of research proposals) XXX IAHR Congress, Thessaloniki, Greece, 24-29 August 2003 (reviewer of papers) 2008 Engineering Excellence Awards, Florida Institute of Consulting Engineers, Orlando, Florida

(Judge)

Journal of Hydraulic Engineering, ASCE (reviewer) Journal of Engineering Mechanics, ASCE (reviewer) Journal of Irrigation and Drainage, ASCE (reviewer) Experiments in Fluids (reviewer) Journal of Hydrology (reviewer)

"Hydrology - An Environmental Approach" by I. Watson and A.D. Burnett, Wm. C. Brown Company (manuscript reviewer)

"Sediment Transport - Theory and Practice" by C.T. Yang, McGraw-Hill Book Company (manuscript reviewer)

"Mechanics of Materials" by G.M Gere, 4th edition, PWS Publishing Company (manuscript reviewer)

33 P.O. SCARLA TOS

l

"Environmental Science, A Global Concern" by Cunningham and Saigo, McGraw-Hill Book Company: Chapter 19 - Water Use and Management, Chapter 23 - Solid, Toxic, and Hazardous Waste (manuscript reviewer)

"Fundamentals of Fluid Mechanics" by B.R. Munson, D.F. Young & T.H. Okishi, Wiley: Chapter 2 - Fluid Statics, Chapter 10 - Open-Channel Flow, (manuscript reviewer)

"A Brief Introduction to Fluid Mechanics" 4th edition, by D.F. Young, Wiley: Chapter 4 -Fluid Kinematics, Chapter 5 - Finite Control Volume Analysis (manuscript reviewer)

"Introduction to Hydraulics and Hydrology with Applications for Stormwater Management", 3rd

edition, by John E. Gribbin, Delmar Thomson (manuscript reviewer). "Introduction to Hydraulics and Hydrology", 3E edition, by John E. Gribbin, Delmar Thomson

(manuscript reviewer).

Region XI Science and Engineering Fair, Palm Beach County, Florida 1986-89, 91 (judge)

8.3 Travel Experience:

Domestic (USA): Alabama; California; Colorado; Connecticut, Florida; Georgia; Louisiana; Maryland; Mississippi; Nevada; New Jersey; New York; North Carolina; Tennessee; Texas; Utah; Washington DC., Wisconsin.

Foreign: Belgium; Brazil; Czech Republic; Colombia; France; Greece; Guatemala; Honduras; India; Italy; Mexico; Netherlands; Panama; Peru; Puerto Rico; Spain; Switzerland; Thailand; Turkey; United Kingdom; Venezuela.

UPDATED AUGUST 2010

34 PD. SCARLATOS

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We the residents of ARBOR TRACE Homeowners Association of Indian River County Inc, are opposed to the A-1 Walee Recycling Center

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Print Name Address Sign_a!ur~

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We the residents of HA fn MC<,.,/.c L4kf!£ 5 are opposed to the A-1 Walee Recycling Center

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A PETITION in opposition to A-1 Walee Recycling Center to be located at 6350 9th Street SW, Vero Beach, FL 32968

This petition is signed by business/ property owners/residents of the surrounding area of subject property.

NOW THEREFORE, the undersigned residents and owners surrounding the subject property do hereby call upon the County of Indian River to DENY Luisa Garcia's Request for Special Exception Use Approval for a Demolition Debris Facility and for Administrative Permit Use Approval for an Associated Recycling Facility to be known as A-1 Walee Recycling Center [2000090170-66004/SP-SE-11-01-01].

The proposed use is not compatible with the surrounding land uses and will adversely affect the public interest of this area.

SIGNED,

NAME ADDRESS PHONE

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in opposition to A-1 Walee Recycling Center to be located at 6350 9th Street SW, Vero Beach, FL 32968




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A PETITION

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NOW THEREFORE, the undersigned residents and owners surrounding the subject property do hereby call upon the County of Indian River to DENY Luisa Garcia's Request for Special Exception Use Approval for a Demolition Debris Facility and for Administrative Permit Use Approval for an Associated Recycling Facility to be known as A-1 Walee Recycling Center (2000090170-66004/SP-SE-11-01-01].


SIGNED,

NAME ADDRESS PHONE DATE

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ACTIVE:3260079_1

A PETITION

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NOW THEREFORE, the undersigned residents and owners surrounding the subject property do hereby call upon the County of Indian River to DENY Luisa Garcia's Request for Special Exception Use Approval for a Demolition Debris Facility and for Administrative Permit Use Approval for an Associated Recycling Facility to be known as A-1 Walee Recycling Center [2000090170-66004/SP-SE-11-01-01).


SIGNED,

1

2

3

4

5

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NAME

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A PETITION in opposition to A-1 W~lee Recycling Center to be located at 6350 9th Street SW, Vero Beach, FL 32968


NOW THEREFORE, the undersigned residents and owners surrounding the subject property do hereby call upon the County of Indian River to DENY Luisa Garcia's Reql.J..f3St for Special Exception Use Approval for a Demolition Debris Facility and for Administrative Permit Use Approval for an Associated Recycling Facility to be known as A-1 Walee Recycling Center [2000090170-66004/SP-SE-11-01-01 ].


SIGNED,

NAME

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5

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ADDRESS PHONE DATE

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A PETITION

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NOW THEREFORE, the undersigned residents and owners surrounding the subject property do hereby call upon the County of Indian River to DENY Luisa Garcia's Request for Special Exception Use Approval for a Demolition Debris Facility and for Administrative Permit Use Approval for an Associated Recycling Facility to be known as A-1 Walee Recycling Center [2000090170-66004/SP-SE-11-01-01}.


SIGNED,

NAME ADDRESS PHONE DATE

1 I fu C , ·c llY{ev 1'"2-W Ne.ar <Ch2a'\_ 'DV - 1Jzq~3 I ·1-=t-2- -=,=,4-~ Jlf- I pj/2J J 11

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A PETITION

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91 david biezunski Mar 20, 2011 9:31 AM

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119 Dolores Barker Mar 21, 2011 6:07 PM

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Speech of Ronald Foulks

Go'od Morning Commissioners. My name is Ronald Foulks, I am the owner of RF Concrete Construction, Inc. located in Vero Beach. I am a Certified General Contractor with the State of Florida and been in the construction business since 1978. In addition, I am also the developer and part owner of the eight 5-acre parcels almost direct adjacent to the proposed site.

As a general contractor, I am involved in countless demolition projects and I have seen first hand how facilities like this one operate. When demolition occurs all of the comingled demolition debris is placed into a construction dumpster. The hauler then picks up the dumpster and brings it to a facility such as this one. Especially, if they can save money on the tipping fee.

I can assure you that at no time does a hauler check the construction dumpster content and at no time is it checked by anyone when this dumpster of junks enters the recycling facility.

Although my company segregates the environmental waste, I can assure you that the practice of separating contaminates found in construction debris is rare. Most of the time, the construction workers place everything they can find in the construction dumpster. This means that the disposal facility will be charged with the responsibility of removing the contaminants.

I urge any of you to go to any of these facilities, including the one on Midway Road where you will see piles and piles of concrete and contaminants.

Since the disposal of the contaminants is a highly expensive proposition. A facility of this nature will be extremely dangerous to this community and will destroy all future residential development, as well as dramatically reduce the residential tax base in this community.

I urge you to deny this application.

ACTIVE: 3270329 1

----- -- ~---- - --

A-1 WALEE SPECIAL EXCEPTION CRITERIA

Before a Special Exception Use is approved, the County Commission is required to make a finding that the granting

of the Special Exception will NOT adversely affect the public interest (971.05(7))

The applicant has the burden to prove by competent substantial evidence that it's application complies with the following four criteria (971.05(9)):

D (a) Consistency with comprehensive plan and zoning code. The proposed use shall be consistent with the comprehensive plan and with the stated purpose and intent of the appropriate district regulations and all applicable regulations within this chapter.

Db) Compatibility with surrounding land uses. The proposed use and its location shall be compatible with surrounding land uses and the general character of the area, based on consideration of such potential impacts as traffic generation, drainage, nuisance impacts, lighting, appearance, and other factors potentially impacting the character and stability of the surrounding area.

D (c) No adverse impacts on public health, safety, and general welfare. The proposed use and its location and method of operation shall promote the public health, safety, and general welfare. The proposal shall include any landscape and structural improvements, public facility expansions, and operational restrictions or procedures required to effectively mitigate potential negative impacts of the use.

D (d) Promote orderly development. The use and proposed location shall promote orderly and efficient development considering such factors as impact on public facilities, preservation of neighborhood integrity, and similar factors impacting orderly development of the area.

COMPATIBILITY -"a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition." FAC 9]-5.003(23)

f.IF EVEN ONE CRITERIA HAS NOT BEEN SATISFIED THE APPLICATION MUST BE DENIED

3-Z2-/ I

COMf0S!fl:/ EXHIBIT

----

INTERVENOR

7-/67111 I fJ, JI. 3.

co~vosnr EXHlBlT l INTERVENOR

3-22~11 3

I

'

The South County Preservation Society, LLC was formed on

March 9, 2011 after the 1,200 homeowners of South Lakes,

located on the Southwest corner of 58th Avenue and Oslo Road . learned of this project. We represent 3,000 residents less

, than a half of mile from the A-1 Waiee Site

,- .. -~ .. _

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41) The subject property is currently owned by Jordan

Sprinkler Systems, Inc. whose principals are William 0. Jordan and William 0. Jordan, Jr.

~ The Application for this project has been submitted by Luisa Garcia on behalf of A 1 Walee Recyclrng Center, LLC w-hose members are Jose Sartor, Beatrice Sartor, and Luisa Garcia.

~ The Planning and Zoning Board has no background information on the qualifications of these individuals to operate a constructions and debris recycling facility.

' i

ApplicationNo. SP~SE-1)1-01-01. I i

•·••::: i: •.:•••J~,. "••••~•.' ... :~. •r :.~ .... ~~• ,.:, r > • ..:.---'--'-: •• ,•:~'. ••• ~,:'.-- ,.,..-:•:~- :,_., ~: ,k, ~

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• Specia~ exceptior1 use approval for demolition debris faciiity, including concrete crushing & wood mulching;

• Adm~nistrative permit use approval for a recycnng facility associated with the demo~ition debris facility; and

• Major Site plan approval for entire site.

~

\,-1\

• ~fhe subject site is located on the north side of 9th Street SW, east of 66th Avenue, which is less than a half a mile from over 1200 residential homes.

• The site is zoned A-1 ,- Agricultural and has an AG-1' Agricultural land use designation. -

• The site is surrounded by residential and agricultural uses, including 8 undeveloped 5-acre residential lots, Veggies of Vero produce, and pastures of farm animals adjacent to the site.

~

0 Applicant is NOT entitled to this special exception as a matter of right.

0 The Applicant must prove by competent and substantial evidence that its application is in conformity with the relevant laws of the State of t-lorida and Indian River County. - Pursuant to Section 971.05 of the land use development regulations,

the Planning and Zoning Commission is to consider the appropriateness of the requested special exception use for the subject site and compatibility of the use with the surrounding area.

e The applicant must prove by competent substantial evidence that it has met all of the requirements of the Indian River County Code. (Board of County Com'rs of Brevard County v. Snyder; 627 So.2d469)

• "Developer, rather than city commission, had initial burden to show that its proposed site plan met the statutory criteria for approval ... " (Premier Developers Ill Associates v. City of Fort Lauderdale,· 920 So. 2d 852 31)

. . I

-__ -·ApplicatJon ·No. SP-Se-i1~01~01 .'. ..: ·-· : . '

I

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SpecialEx~eption Criteria . ·• ... . . . , . . : . l . _.. . . . ··..• . C •• , ' ' .•

As a Special Exception Use, the applicant must prove:

{a) Consistency with comprehensive plan and zoning code;

(b) Compatibility with surrounding land use;

(c) No adverse impacts on public health, safety and general weifare; and·

( d) Promotion of orderly developments (Section 971.05)

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• I • '

·/·Application.NQ. SP-:SE-11~01-0t. . . . i . . . '

t ;

•

-------- ·-···-- - -· -·-- ---· ·-------- -- .

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~

Marcie Nolan - Planner

Tom Hall - Traffic

onald Foulks - General Contractor

rm Peter Scarlatos - Environmental Engineer

John Robbins, P.Em - Civil Engineer

Mark Hornbuckle - Farming

rm Kichard Haight - Physician

Conclusion

l ' i

Application No. SP-SE-~1-01-01

i' •,'.-- - "; _·,, :.:;

SPECIAL EXCEPTION CRITERIA

Mrs. Marcie 0. Nolan, AICP, Esq., Becker and Poliakoff

'' .~ ·":' · · -°'-"':i:,. . · \-, . . . . ,,;,:::~·t·?,::t,~t~ ··,·:,·.:·:: : ,: '· Application ·No. -sp;.;sE~t,·1-;.01,-0.1 ·:

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1. Construction and Demolition Debris facility (requires SE)

2. Concrete Crushing facility (requires Administrative Approval)

3. Landscape and Yard mulching facility

Site pian indicates:

• 8.05 net acres of land zoned and land use as Agricultural (A-1, zoning, AG-1, land use)

• Access is through the existing opening on Oslo Road.

• lt is located approximately 1,000 feet west of 58 th Avenue (Urban Service Area)

· • Waste sorted into 8 piles no greater than 25' in height. These are contained in 8' high portable walls (not specified on the plans)

Existing building used for office

~- Loading area

• Tipping area

• Parking

• Stormwater retention areas (2)

• 8' high landscape buffer.

Surrounding uses: east, west, and south: cattle. North: houses and vegetable farm

! i

. • • • • • • I

-/:. Application 'No. SP~SE-1/1-01-01 i

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·· :, '.,, ·· i ··• ·· · ... Special Exception Criteria . . .;, • - _: •• • • • • , I . - •. ; • • • • .• ~ • • • • • ~

For this use to be ·approved it must meet: @ Consistency @ Compatibilit ® run adverse im(.)acts on public health,

safety and general welfare; and ® Promotion of orderly developments

(Section 971 a05) Throughout this presentation we will demonstrate how these three (3) uses do not meet these criteria.

. ~. • - .'·: .·.r••~ (~·: ,:?.:::-~••t,';i·~•• ·_ .. - -. . ·. . . ' i. . .·•. ·. ,• . ,. · .. "' .

, . Applica,tion,J~Q~ SP-SE~11-o.1~0:1. .; .~ '\ • • •.· • •. : • ".i : • ~ r · • .. • • ·•. • • •: ~_. l • - • .'. '::;_ • ·, -. •

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Florida Statute §163.3202 requires land development regulations that are·co-nsist with the comprehensive planm

•The Comprehensive Plan and.the Land Development Regulations allow for non-agricultural uses· in agricultural zoned and land used property so long as the goals, objectives and polices of the plan and the intent of the LRD are met:

: ,:, 'Applic~tion-·No. SP~SE~ 11-01-01 . ; j

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OBJECTIVE 6. AGRICULTURAL PROTECTION. " the county's objective is to retain ..... acres ... used for active agricultural operations."

Policy 6.2: "To protect and conserve agriculturally designated lands, Indian River County shall maintain its development regulations which control the division and development of agriculturally designated lands."

Section 911.06. Agricultural and rural districts. (1) Purpose and intent. The agricultural. .. districts, are established to implement the policies of the Indian River County Comprehensive plan ... by providing areas suitable for agriculture, silviculture ... These districts are also intended to provide opportunities for residential

es at very low densities to promote housing opportunities in the unty. These districts are further intended to permit activities which

require non-urban locations and do not detrimentally impact lands devoted to rural and agricultural activities.

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This area has transitio,ned from primarily citrus to large lot residential h.omes and home sites a-nd:-pa·stureland_ with agricultural uses ·dotting the landscape~

• The County ·has approved .over 50 ·new sing-le family lots surrounding the site.

•Agricultural uses, such as cattle and farming are stiU very active surrounding the proposed demolition debris site.

._,.,.,,

·-·t'Applic~ti9:n'·NcJ'. :SP~$E-1i1;.;01-01: 1111• '· .. .,,.;l\ ~ ... 1111 •!+Wt·•~®i,Wilffi!r!m

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CONSISTENCY requires that the proposed construction and demolition debris facility with mulching operations and concrete crushing not detrimentally impact lands developed to rural and agricultural activities.

he intensity of this use and its impacts are best suited r industrial zoning and land use locationsa

•,Heavy Industrial ..:permitted is the only place within the LDR 1s the only place this use is permitted as a Special Exception,

•General Industrial - not permitted

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. ·· ... Land Develof ment ReglllationS ... J ' '

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TABLE OF PERMITTED USES ZONING

Uses Districts

A-1 IL--Light IGmaGeneral (agriculture) industrial district industrial district

Agriculture p

Industrial

Recycling Center A

Demolition debris site s N s

Agriculture

Mulch products and services NOT USTED p p

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Does this use meet the County's requirements to preserve and protect agricultural and residential uses? NO

This use replaces both agricultural and residentia~ uses with a Use of Industrial Intensity

Does a construction and demolition facility detrimentally impact agricultural activities? YES

W~th DUST and NOISE that cannot be mitigated Therefore it is inconsistent with the comprehensive plan and iand development regulations.

"";1t'rt • ·. · :: :: ., -· • · ;::t;. ,;,;,,;;, : r ;; •· • · .. · , .· · ... •. · · : ·. · ·· ··· •· ·· · ,:;t3t;~1illr':!f '!i :.£}!:·: ).~pplicaiton Nif. ;;$P.;SE~ 1i 1 ;;,01-01. . -'P'A 1:/J?ktfZ}~~

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(b)Compatibility with surrounding land use;

'Ga cond~tion in which land uses or conditions can coexist in relative proximity to each other in a stabie fashion over time such that no use or conditions are unduly negatively impacted directly or indirectly ·by another use or condit~on.'~ FAC 9J-5.003(23)

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taff Report states:

• "For this project, potential nuisance impacts consist primarily of noise and fugitive dust."

• Subject site has the potential to create noise and dust from the crushing of concrete and the mulching of wood; .

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a·ddress compatibility the applicant has proposed:

Perim-eter landscape buffer with 8' ber~/w.allminimum req.uired by code

Placing Stockpiles 25' high in the center of the site

• Utilizing the existing building as buffering

Do these code minimum reguirements make the use Compatible with the surrounding

character of the area?

---- - - ·----------. - --------. - ---·- ----- -------

· finding .o·f compatib·ility requires that:

"the proposed use shall be compatible with the surrounding .·1and use~· and general character of the area O •• " ••• "based upon -consideration of such potential impacts as traffic, drainage, nuisance, hght1n.g, appearance, and other factors potentially i pacting the character an·d stability of the surrounding uses"

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

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SURROUNDING USES

" ® arm -veggies @ re.;,School Use

hurch Use ® Cattle and Horses <J, rge Lot single family residences and vacant lots .

itrus farms ~ Citrus packing house

INCOMPATIBLE IMPACTS

• Non Agricultural use • Noise • Dust • lighting • Trucks on residential

roads

'~ :'.~~·'./.,"1!''."Jtt<.~,:"'~~·t<P,'->".-~":"'~':'·":l!;1c,r,:•,::''';!\'" ·_ ~ .. ::: ~'~~::~ :=·~.:: c:~;,"'.:,:::~~?t:..ff~:':b:~~jt~~l::·i:r:t~;~~~~r}I~;'-~1:?~"::~~;::, ·? :t.:: :~:,:~~: ?~':-.... . . · om· n··· ·;a·•'. ~1 , . .-·~1--~ :1·· .·;;-y· ... , .. - ·- . '.

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The.proposed use CANNOT be considered compatible with farming, residential areas, cattle and sheep rearing, and pre=school children.

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• The County has deferred to DEP for .approvals.

(5) Local zoning. The Department does not evaluate compliance with local zoning or land use ordinances when determining whether to issue or deny any permit under this chapter. Issuance of a permit does not relieve an applicant from compliance with local zoning or land use ordinances, or with any other laws, rules, or ordinances.

• A permit from DEP is NOT a finding that the facility is compatible vvith the surrounding community or will not have adverse impacts on the surrounding areas. (62-701.220 FAC)

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,--~ ---· -- .-. _______ Ji__

The use is proposed in an Agricultural Land Use and Zoning category

•· The intensity of this use is industrial and impacts • This use is better located in the ~ndustrial Land Use category • The closest Commercial/Industrial Land Use location is to the west at Oslo

Road and 1-95 ending a the 74th avenue intersection. • This Commercial/Industrial node is only developed at 15.8% with many acres

of vacant land. (source: Indian River 2030 Comprehensive Plan, table 2.5) • Industrial uses should not be located outside a Commercial/industrial node

unless in accordance with the Comprehensive Plan. "No node shall be expanded unless 70% of the subject's land area is developed with non-residential and non-agricultural uses ... JI

(source: Policy 1.24, Indian River Comprehensive Plan)

The location of the proposed demolition debris facility in the middle of residential and agricultural uses DOES NOT represent orderly developn1ent

,-inconsistent with protecting agricultural land • Inconsistent with residential uses • Inconsistent with ALL surrounding uses

~·--- :!Appllcat1on NO,;iS2~SEi:-.1J~Orl~0.1.:. :,-i""1: -. -~-,;;_·:. ,:·-~_;:~;'.--; • B@:)11~1~ !~ __ ,>r\~--, •,.> H~~--- ,:., :· ~·:: ··:/ :./ ..• )1:~;}~<-·"\z:.:;.-: --~ ,; .. ;\//~.~·.:.J?~:~_~:t~ ::'~:3,~---.-. , ;;,,~~:; .... ~)J~:/.l·:i. i:fi:~~! /: .1,t-~ r~, \ ~~-q, ,.

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As a Special Exception Use, the applicant must prove:

(a) Consistency with comprehensive plan and zoning code; (b) Compatibility with surrounding land use; (c) No adverse impacts on public health, safety and genera~

welfare; and ( d) Promotion of orderly development. (Section 971.05)

Special Exceptions require Commissioners, as neutral judges, to iook at the impacts of this project SPECIFIC to thus LOCATION before approvaL

Based upon the specific impacts this project wiU have on the surrounding uses, as a professionai planner, ; would not be alb~e to support a finding that this project meets the four criteria for approval.

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TRAFFIC

r® Tom Hall

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

• 36,500 additional truck trips a year, all carrying construction debris and yard waste

CONSTRUCTION DEMOLITION AND

DEBRIS

Mr. Ron Foulks, RF Concrete Construction, Inc.

----- - - --- - - ----- - --- - ---- - - . -· ---- -· - -- - - --- - -- --- - -- -- -~-

s:::::::,

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• When demolition occurs all of the comingled demolition debris is placed into a construction dumpster. The hauler then picks up the dumpster and brings it to a· facility such as this A 1 Walee.

• At no time does a hauler check the construction dumpster content and at no time is it checked by anyone when this dumpster of junk enters the recycling facility.

• Most of the time, the construction workers place everything they can find in the construction dumpster.

This means that the disposal facility will be charged w~th the responsibility of removing the contaminants.

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ENVIRONMENTAL IMPACTS

Dr. Peter Scarlatos, PhD . . ;.;; . , .. _ ... -: . ,,·,_.: . .- .. , . >l . . /f:~\'A,pp/iciltion/No. SPiS~-111-01-01 ·. · , . , .. .- : .. ---- .. '• · .. · . . ,. .: .

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:~~gJim1111g11[tt:: -~rr;T71t1rrrr~~&~:~';\gt~ ,ID,0 .,,.,. .. ,, .. ,_ '' '' ,,. '· .... ' " ' ., ,, ' ,,,.,: .•·.;~};~l~~~:·:,.:~;:t,,:'f, h:(,;.:~·~•i:':~ <:_~_:.:t.- .:- ·-"~; _,;.c;~ .::··~_-;;·.;,:·::5:-;'::i':t:'i:

What does A--1 Walee know about the wood debris it will be

"muilchingn?

Does A.,,1 Walee~s Operators Know:

Chromate copper arsenate or CCA, is a chemical preservative that is used to protect wood from being destroyed by

microbes, termites, or other wood-boring insects.

CCA contains forms of the chemicals chromium, copper, and arsenic.

Since Dec. 31, 2003, no wood treated or manufacturer has been allowed to treat wood with CCA for residential

uses, the EPA said.

What evidence is there thHs CC.A construction debris wiU not be

mulched at A.1-Walee?

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Civil Engineering

John Robbins, P.E.

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';[:;?,\,J~:~;,;~!::lli~:;:,~Jli,J~:it!itt, .:,.L,~.:~$~!i~~~:;;~i1~ In review of the staff report nuisance noise and fugitive dust was identified as a byproduct of this use.

DUST: 0 Breathing and eye irritant for workers at the site and people in surrounding area. e May contain chromium which is an eye and lung irritant. • May contain silica. Silicosis, a lung disease, may occur from exposure to concrete dust containing silica.

NOISE: 61 Noise levels from concrete crushers can generate 120 db.

SURFACE WATERS: Q Dust will be deposited in surface waters, on agricultural foliage in the surrounding areas, citrus processing facilities and residential neighborhoods.

.. .·;:;;; ~;' " ,.; ~. · . , -:· {'" rr~ 1r?1T~'i!:~~,/~;~~:;f.i'.~?/::; ··~~ ·:::;r~i;irt ;~~ -• ,~n¥,1r~on.m~enta .. , .. c;I.m.n"acts., .:- -,~_,., .. ,~-~~ .. ;.-'-·" ·,t,.~

).~ -. . .-:·;:. -?~-:;.::.: :. -'~ · · "°i' ',: · . -.. ·~~--~if :'1:-\;~,i i.--.:~~~~t•.,~.;-~[ =:;':.;,\)::~ v::1~\~~,il0t~~\{:~;: .. ?~;:-_l ~~; ~?),;;: .. \)~. {;~<f.;;~~t~lJ~·:f~iJi

RODENTS: e Rats, mice, mosquitoes, flies and other small animals inhabit landscape material, mulch and constructio"n debris.

LEACHATE: Q Leachate is when the water goes through the stockpiled material and comes out the other end. • Construction demolition and shredding materials will have rainfall passing through them producing leachate. 0 if it enters the storm water pond it will ultimately end up in waters of the State. A 200 foot setback from the stored material to the storm water detention pond is required.

-·· ---------

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FDEP REVIEW:

G The Operation Plan attached to the FDEP Permit Application does not specify quantities of material to be processed.

0 The concrete crusher is a mobile crusher

0 We do not know who is operating the machinery. FDEP issued a Request for Additional Information

@ It appears from review of the FDEP permit applications and FDEP correspondence significant data, plans, reports and calculations will be required for FDEP to determine compliance with applicable sections of the Florida Administrative Code.

CONCLUSION

Without knowing the safety mechanisms in place to protect the surrounding residents and uses, the applicant has failed to demonstrate how this use will not adversely impact the health, safety and welfare of the general public (Section 971.0S(?)(c), a requirement of the Special Exception criteria.

In my professionals opinion, this type of facility impacts the health, safety and welfare of the general public due to the proximity of the concrete and mulching operation to residential, farming, and cattle uses. Therefore, since the applicant has failed to satisfy criterion (c), this application must be denied.

<:"\ ~

"January 5, 2011 - PORT CHARLOTTE: A wind shift has forced the closure of the South Gulf Cove area. The mulch fire could smolder for over.a month, according to fire officials. "That's not good~ especially if someone has breathing problems," said nearby resident Liz Thomas. "It was burning my nose and you could almost taste it. ·

Residents will see smoke-for some time from the fire, which is deep insic:Je.30-foot high piles of mulch. The dry weather and . strong winds helped fuel the fire and letit spread deep into the mulch pile ~- and firefighters are having a hard time getting to it.

"Wegre dumping thou~ands of gallons of water on it, but it's not penetrating deep enough. We have them picking the piles Up and moving it and putting it oµt as he does that, but we'll never be able to get deep enough without putting a lot of water on it, " said Charlotte County Fire Chief Dennis Didio.

---- -- --- - - - ----· -- ·-·-- --- -- - ---- -- ---- -- --- -·----------....... ----~----- -~- - --------- --- -- -- ---- --- -- --- ~------- --- ----- --- --··-

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FARMING

Mark Hornbuckle Veggies of Vero

HEALTH

Dr,. Richard Haight, MD

-- -- - - -- - ---

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Cement dust contains heavy metals like nickel, cobalt, lead, chromium, pollutants hazardous to the biotic environment, with adverse impact for vegetation, human and animal

health and ecosystems

S '"11" " lalCOSIS: Occupational lung,.disease Silicosis is an ofte11Jatal 11mg disease caused by breathing dust l'011tainl11g cryswlltne sllica'Partlc(es, a basic component of sand and,granite::T.hei:e:ls;rm. crtrefor silicosis. and treatment options areilimltet't {-[()wever, the condition can.bepreventedJf;ITreasures, are taken to 1·t'(}uce e:qJ-Osure. •. · ,. · :·,. · :·

Symptoms Continued.exposure: ,,. Shortness o!

breath • Fever

• Mining

.. Sandblastin9

Inhaling the dust can cause sea~ tissue ~o for;n 1i1

lh~ lurqs th~! red1Jws tr:c lunqs· abilit•, to

0,Jrar,t O•.'in11n from l!11J Jir.

! j

+ ! ! ,. Bluish skin at the

ear lobes or lips

As the disease

,,,. Masonry

• Oemolltion

• ,Mamifacturing olfglass1andif;; • 'melaltrooucts

SIiica dust particles r;1n >'nlDPd lllemsr,l\'(•S in tlw Ji•1eo1ar sm 'Jeep ir,

progresses: > Fatigue , .. Extreme

shortness:of breath

•> '-, ):'f}{£>&fJ.:':'·'?';~:. • Ill ,, ..

.. Loss of aP,P.~t.lJe, :• Chest pain · .· . ,.. ·Respirator~•;,.·>:'.!~\~:~

tailur.el'· :c·•·!·;.r.~ilt,~ Sour co, \J,S. Ot~~m~_fl>f~J,;:i Laoor Octu;,aUonol~~f·":.' :.l ~1'4 Heall~ Actn1in1s1ra\i«i,> ,, 1,,llcoliuom ,.,

·-;-:--z,,,S'.7"t:.,.~,,.....,,......

tlw lungs wili:r,~ tr1e', cJnntil br. cleJr,,d

:\ '.l'i" 11 ~~ f,; ii':,' . ..:...i.'r ! J: '. 1· f, ,.-1,· ,,,

Arsenic releases to surface soils (via, eragra, air emissions, waste recycling, soil amendments, direct pesticide application, and chromated copper arsenic (CCA)-treated wood) can result in

greatly elevated arsenic levels

udies have linked long-term exposure arsenic 1n drinking water to cancer of

the bladder, lungs, skin, kidney, nasal passages, liver, and prostate.

Non-cancer effects can include: thickening and discoloration of the skin,

stomach pain, nausea, vomiting; iarrhea; numbness in hands and feet;

partial paralysis; and blindness.

Dang1ers of !fie;ad and ars1e11nic 1poiisoning Ars·enic pols•onin9; Nell'Ve dam,age Skin damage: • Hypeirke rato:sis

{scaling :skin} 1 Pigmenf chang,es

llnc1reas,ed cancer 1risk:: • Ltm,g =~~,

1 :Bladder ,~,-,,,,,~~•K~~-'"'"'"'='·

1 !Kidriey and Hver cancers ------

c i1r,culatory problems in s'kin

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Lead poisoning Hlglh l,evels of lead ii Men1lai!I r0ta1rd.t1Hon,

coma, convul'sions arid deaU1

Low I evel s of lead • Reduced 110 cl.nd

attrerition spa111. impaired girowth, r,er:idiin,g ~nd ieaming disabilities, !,earing loss ar~d a :r'atnge of other health and! bahavioral effe,cls-.

:Sou rec~,; Al lianeo 1• E11d Child hi::,i;:;.d 'L1;,ad 1Poisornir1g ,rnr:11:l 1\0Wi; wiuo:; Tlhe Den·,rer Past

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0 Applicant is NOT entitled to this special exception as a matter of right

e The Applicant must prove by competent and substantial evidence that its site plan application is in conformity with the relevant plans and laws of the State of Florida and Indian River County. - Pursuant to Section 971.05 of the land use development regulations,

the Planning and Zoning Commission is to consider the appropriateness of the requested special exception use for the subject site and compatibility of the use with the surrounding area.

® "ln order to sustain the board's action, upon review by certiorari in the circuit court it must be shown that there was competent substantial evidence presented to the board to support its ruling. }J

(Board of County Com 'rs of Brevard County v. Snyder: 627 So. 2d 469)

0 "Developer, rather than city commission, had initial burden to show that its proposed site plan met the statutory criteria for approval ... " (Premier Developers Ill Associates v City of Fort Lauderdale; 920 So. 2d 852 31)

The applicant failed to prove by compete11t and substantial evidence that its application is conipatible with Indian River County's Coniprehensive Plan and Land Use Develop,nent Regulations.

THE

We are happy to answer any questions

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BCC032211AP.pdf - Indian River County

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