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HomeMy WebLinkAbout11/10/2015 (2)BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 10, 2015 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S. Davis, Chairman Bob Solari, Vice Chairman Joseph E. Flescher Peter D. O'Bryan Tim Zorc District 1 District 5 District 2 District 4 District 3 Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 9:00 A.M. Commissioner Wesley S. Davis, Chairman Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Announcement of National Award for Outstanding Overall Achievement by a Small -to -Mid Sized Metropolitan Planning Organization (MPO) Awarded to the Indian River County MPO on October 21, 2015, by the Association of Metropolitan Planning Organizations, Washington, D.C. B. Presentation of Proclamation Designating November 15 Through November 22, 2015, as National Hunker and Homelessness Awareness Week PAGE 1-3 November 10, 2015 Page 1 of 6 5. PROCLAMATIONS and PRESENTATIONS C. Presentation of Proclamation Designating November, 2015 as the Gifford Youth Orchestra Month in Indian River County 6. APPROVAL OF MINUTES A. Regular Meeting of October 6, 2015 PAGE 5 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Florida Forest Service (memorandum dated October 30, 2015) 6-8 B. Retirement Award and Proclamation Honoring Randy Valentino on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue With Thirty -One Years of Service 9-10 8. CONSENT AGENDA A. Approval of Checks and Electronic Payments — October 23, 2015 to October 29, 2015 (memorandum dated October 30, 2015) 11-19 B. Internal Audit Division of the Clerk's Office (memorandum dated November 4, 2015) 20-21 C. Local Option Gas Tax Florida Department of Revenue Confirmation (memorandum dated November 3, 2015) 22-24 D. Escheated Properties Located Within the Municipal Boundaries of the City of Fellsmere (memorandum dated October 22, 2015) E. M.A.C.E. (Multi -Agency Criminal Enforcement Unit), Project Generated Income (PGI), Miscellaneous Budget Amendment 001 (memorandum dated November 4, 2015) F. G & C Holland Vero Investors, LLC Request for Release of Easements at 1180 US Highway 1 (Casa Rio Subdivision) (memorandum dated October 29, 2015) G. 26th Street -Advance Acquisition of Right -of -Way, 2625 54th Avenue, Michael J. and Lisa B. Giessen (memorandum dated October 27, 2015) 25-28 29-49 50-56 57-65 November 10, 2015 Page 2 of 6 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE A. Indian River County Tax Collector Carole Jean Jordan, CFC Annual Fiscal Report for the Fiscal Year Ended September 30, 2015 (memorandum dated October 30, 2015) 66-70 B. Indian River County Sheriff Dervl Loar 1. Annual Fiscal Report for the Fiscal. Year Ended September 30, 2015 (letter dated November 4, 2015) 71-72 2. Department of Justice, Bureau of Justice Assistance State Criminal Alien Assistance Program (SCAAP) FY 2015 Award (letter dated October 27, 2015) C. Indian River County Property Appraiser David C. Nolte, ASA Annual Fiscal Report for the Fiscal Year Ended September 30, 2015 (letter dated October 30, 2015) 73-74 75-81 D. Indian River County Clerk of Circuit Court & Comptroller Jeffrey R. Smith, CPA, CGFO, CGMA Annual Fiscal Report for the Fiscal Year Ended September 30, 2015 (letter dated October 28, 2015) E. Indian River County Supervisor of Elections Leslie R. Swan 82-84 1. Annual Fiscal Report for the Fiscal Year Ended September 30, 2015 (letter dated October 28, 2015) 85-89 2. Help America Vote Act (HAVA) Federal Election Activities Funds Certificate Regarding Matching Funds (letter dated October 23, 2015) 10. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS None 90-94 November 10, 2015 Page 3 of 6 10. PUBLIC ITEMS PAGE C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing December 1, 2015: County Initiated Request to Amend the 5 Year Capital Improvements Program and Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan Legislative (memorandum dated October 28, 2015) 95 11. COUNTY ADMINISTRATOR MATTERS A. Appeal by Impact Fee Consultants of a Decision by the County Administrator to Deny Requests for Refund of School Impact Fees Paid in 2008 Administrative (memorandum dated October 28, 2015) 12. DEPARTMENTAL MATTERS A. B. C. D. Community Development None Emergency Services None General Services None 1. Human Services None 2. Sandridge Golf Club None 3, Recreation None Human Resources None 96-195 November 10, 2015 Page 4 of 6 12. DEPARTMENTAL MATTERS PAGE E. F. G. Office of Management and Budget None Public Works None Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Treasure Coast Regional Planning Council 2016 Legislative Priorities (memorandum dated October 28, 2015) 196-198 14. COMMISSIONERS MATTERS A. B. C. D. E. Commissioner Wesley S. Davis, Chairman 1. Future Parking for Historic Dodgertown (memorandum dated November 4, 2015) 199 Commissioner Bob Solari, Vice Chairman None Commissioner Joseph E. Flescher None Commissioner Peter D. O'Bryan None Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None November 10, 2015 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE B. C. Solid Waste Disposal District None Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. November 10, 2015 Page 6 of 6 Press Release Contact: Phil Matson FOR IMMEDIATE RELEASE Phone: (772) 226-1455 October 12, 2015 Indian River County MPO Nained Outstanding MPO by National Association October, 2015—AMPO, the Association of Metropolitan Planning Organizations headquartered in Washington, DC, has recognized the Indian River County Metropolitan Planning Organization by awarding it this year's honor in the category "Outstanding Overall Achievement for a Non -TMA (Small to Mid -Sized) MPO " The MPO was recognized from among 200+ small to mid-sized MPOs in the Countiy. According to AMPO, the award honors the efforts of the MPO in "successfully advancing and promoting metropolitan transportation planning." In Indian River County, the MPO has more than measured up with activities such as its Bicycle Safety Roadeo Training Program (13,931 children trained so far); trail plans and projects including the Trans -Central Florida Rail Trail, Lagoon Greenway, and Martin Luther King Trail; GoLine Transit expansion plans, Bicycle Friendly Community designation (one of only 2 counties in the state so designated); and the new Oslo Road Interchange, a long-awaited and vital new interchange that was recently funded to the tune of $to Million in the latest FDOT Work Program. The MPO infuses creativity and innovation in its approach to planning and emphasizes performance in terms of successful outcomes. The MPO also reaches out to everyone — seniors, the transportation disadvantaged, the business community, and advocacy groups alike — in making balanced decisions. Susan Adams, MPO Chairman, credits the efforts of staff, partner agencies (like FDOT, the GoLme, and local governments), and her fellow MPO Board Members as factors that led AMPO to recognize the MVIPO "Here in the county, we enjoy an outstanding quality of life. Our transportation system in all its forms both fits the community and serves the community well. '1'o me, the MPO is more than the transportation planning board of the County — it is an important tool for achieving our goals." For more information on the award and the designation, contact Phil Matson, MPO Staff Director, at (772)226-1455. 1 INNOVATION Performance Measurement and Monitoring MPO staff developed a Transit Cost and Service Effectiveness indicator that reconciles system utilization with system efficiency and is scalable to all systems (2014 TRB Tools of the Trade Conference, Burlington, Vermont, Session B-4; 2015 95th Annual Meeting, Washington, DC, Session 800). The MPO's Paper and accompanying presentation were awarded Outstanding Presentation at the Tools of the Trade Conference. Staff has played a leading role in other performance monitoring areas, such as by chairing an FDOT Discussion Panel on incorporating Performance Measurement in the Planning Process from an MPO perspective. Public Outreach The MPO developed and organized a "Candidate Forum" Public Involvement concept, May 2015. The MPO developed characters representing modal choices and assigned participants to role playing tasks in "Debate Format" to obtain input into plan goal setting and build sensitivity for other modes among modal advocates. Travel Demand Modeling nnectl IR Indian River County Tao Long Nay, n.mooranon vlr. Campaign Connecting Indian River 2040 Trend Torry Of nil ctrl Wong to =Mat t arc Von nvagacarr non Bal mold Betty Lyon C n. af..111a1 Y aYmn m.nal ton Ow NO mann Inion.moan to , In r..c.a..c annl.ara0 na Developed a GIS -Based Land Use Model to populate travel demand forecast model with accurate date, Vacant Land Development Assessment Tool (ESRI ArcNews, Summer 2005). Throughout 2014 and 2015, the MPO participated in development of a three -county Regional Activity Based Model in conjunction with adjacent counties and FDOT. Together with the Treasure Coast MPOs, the Indian River MPO has been a pioneer in adapting Activity Based Modeling to a small urban environment. IMPACT OF PROFESSION Bike/Ped Safety Construction of a 3-D Architectural Model Staff created a low - cost three dimensional architectural model of a proposed Airport Greenway for permanent display to generate project interest. MPO Staff trained 13,931 children at hands-on bicycle safety Roadeos — all 3' — 5th Graders at all Public and Charter Schools and distributed over 5,000 Bicycle Helmets at 100 events. Staff asiso conducted "pre" and "post" training quizzes to measure retention. MPO Staff developed innovative Bike Ped and Greenways Plans in conjunction with Sprinkle Consulting and Alta Planning and Design; adopted ordinances for Private Development provision of Bike/Ped infrastructure; developed public safety plans, campaigns, PSA, and Chair the Community Traffic Safety Team of Indian River County. lOAp.a, • Onc-1"re5>urr. Coast :ours': — Indiar. Rive — appears Ibr ahead of the curve when it ,Rimes to pedestrian and bicyclist safety. The county 9dopted its first bicycle and pedes Irian plan in l9')7 In June. Indian River bt-carte.:he first county to Florida to be designated a 'Bicycle Friendly Corn: unity" by the Logi* of Amt Arninican1 Bicyclists. Indian River County's investment in pede - Irian and bicycle safely appears to be paying dividends. Of the three Treasure Coast counties. Indian. River recorded the iov.•tst rim -otter of pe- destrian and bicyclist Iatalitie5 between 200(1. nand 2013 The training and planning appears to be paying off as Indian River County experiences the lowest crash and fatality rates in South Florida (Scripps Treasure Coast Newspapers, August 5, 2015). 2 Transit Planning and Performance The MPO performs all planning, grant funding, invoicing, and Transportation Disadvantaged program administration functions for the Indian River Transit GoLine. GoLine is the fare -free, 15 fixed route system providing 1 2 Million Annual Trips, more than transit systems in regions several times the size of Indian River County According to the National Transit Database, maintains the lowest cost per passenger among ALL cities in the State of Florida. Both the MPO and Transit System have been recognized as Outstanding Planning Agency and Outstanding System by the State Commission for the Transportation Disadvantaged TD Committee Vice Chairman and CAC member William Parden, a disabled advocate, has been named Volunteer of the Year for the State of Florida. GoLine has a private sector sponsored route and runs the only inter -county regional transit service on the Treasure Coast. IMPLEMENTATION The MPO has written and obtained multiple grants and committed Flexible Highway Funding to implement the Trans - Central Florida Rail Trail project. MPO Staff has coordinated architectural review to change proposed standard design and ensure trail overpass design evocative of railroad history. Staff has conducted innovative and participatory outreach efforts involving local school groups, running groups, seniors, the disabled, and cycling clubs. The MPO also arranged for the local Middle School Band to perform at the trail opening and scripted an historical reenactment performed by children during the ribbon cutting. COORDINATION Bike Friendly Community In 2015, Indian River County was designated the only Bicycle Friendly County in the State of Florida by the League of American Bicyclists. This designation came about as a result of partnership efforts between the MPO and local cycling groups. Also, the MPO has the only LAB -Certified Bike Ped Coordinator among all MPOs in the state. Gifford Community Neighborhood Plan In 2014 and 2015, staff facilitated Community Workshops in the Gifford neighborhood, an historically African- American Transportation Disadvantaged Community. The MPO successfully wrote grant applications totaling approximately $2 Million for Martin Luther King Boulevard complete street redevelopment (shown above, before and after) and MLK Historic Trail construction (below). Spearheaded design and implementation of improvements currently under construction, scheduled for opening at Martin Luther King parade in January of 2016. 3 PROCLAMATION DESIGNATING NOVEMBER 15 THROUGH NOVEMBER 22, 2015, AS NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK WHEREAS, The Homeless Family Center of Indian River County has provided emergency shelter, food, clothing, hygiene, counseling and employment assistance for homeless families; and WHEREAS, despite Indian River County boasting one of the highest per capita passive incomes nationwide, the average "working poor" income of Indian River County is $650 per month; and WHEREAS, 100% of the homeless people that were served in the programs offered by the Homeless Family Center were families with children; and WHEREAS, the Homeless Family Center, in cooperation with Camp Haven, St Vincent DePaul, Harvest Food & Outreach, VNA, Women's Refuge, Salvation Army and Epic Missions as part of National Hunger and Homelessness Awareness Week, desire to raise awareness of this issue and its severity in our County. NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that the week of November 15, 2015, through November 22, 2015, be designated as NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK Adopted this 10th day of November, 2015 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis,hairman Bobolari, Vice Chairman Peter D O'Bryan seph Flescher Tim( o 9) 4 5 PROCLAMATION DESIGNATING NOVEMBER, 2015 AS THE GIFFORD YOUTH ORCHESTRA MONTH IN INDIAN RIVER COUNTY WHEREAS, based on the inscription on the walls of the African Egyptian Temples is the instruction' "Know Thyself;" and the teaching of the esteemed Greek Philosopher, Plato — reminding us that to teach children the patterns in music and all the arts is to give them the keys to learning, the Gifford Youth Orchestra built the foundation of its legacy; and WHEREAS, The Gifford Youth Orchestra is dedicated to this admonition to help young people better know their self and to learn the patterns of music, and to understand these keys to learning can assist them in succeeding in school and in life, "More Violins — Less Violence — Better Tomorrows," and WHEREAS, the purpose of The Gifford Youth Orchestra is to provide a professional, creative environment for students' participation and self-expression, and for the development of critical thinking skills and positive strategies for academic success in public school and institutions of higher learning, and WHEREAS, The Gifford Youth Orchestra has provided instruments, music lessons and life coaching to over 130 boys and girls, in Indian River County ages six to eighteen, "and WHEREAS, the Gifford Youth Orchestra is at the forefront of community efforts in providing young people with positive self-identity, educational enhancement, social and emotional strength, cultural competencies, community service, leadership training and job training skills to become a performer or a teacher via its tutor training and 1st String Performers Services, "Each One Teach One," and WHEREAS, the Gifford, Florida Youth Orchestra helps ensure thatour young people keep off the street and on the stage of many local, state, and national organizations; and WHEREAS, 100% of the high school graduates of the Gifford Youth Orchestra are now in college pursuing a future with music and other mathematically based, culturally based and social venues, and WHEREAS, the Gifford Youth Orchestra celebrates its 12th Anniversary in November, 2015 NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that November 2015 be officially observed as the Gifford Youth Orchestra Month in Indian River County, and the Board recognizes and commends the Gifford Youth Orchestra for their services to young people Adopted this 10th day of November, 2015 BOARD OF COUNTY COMMISSIONERS, IND • N RIVER COUNTY, FLORIDA Wes ey S Davis, " airman "e3-6 Bob So ari, Vice Chair an f.hEch OG/Y. q Peter D O'B Tirrk.Z.orc November 10, 2015 ITEM 7 f' INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 30, 2015 SUBJECT: Florida Forest Service FROM: Bob Solari Commissioner, District 5 The attached letter was sent in appreciation for the assistance Indian River County has received from the Florida Forest Service. Attachment: 2 -pg letter 6 Wesley S. Davis Chairman District 1 Bob Solari Vice Chairman District 5 BOARD OF COUNTY COMMISSIONERS October 30, 2015 Florida Forest Service Mr. Jim Karels Florida Forest Service Division Director 3125 Connor Blvd., Suite J-226, C-19 Tallahassee, FL 32399 Dear Director Karels, Tim Zorc District 3 Peter D. O'Bryan District 4 Joseph E. Flescher District 2 The Florida Forest Service has been assisting Indian River County with Wildland Fire Management Services for over 15 years. Both the Okeechobee District and the Region 4 Wildfire Management Team have gone above and beyond to assist our conservation lands with fuel reduction through roller -chopping, mowing, installing pre -suppression fire lines and conducting prescribed burns. To date, the Florida Forest Service has assisted on over 500 acres of county owned property purchased for environmental protection. Nearly all of the.conservation areas owned and managed by the county are situated in highly urbanized areas with close proximity to businesses, homes and other valuable properties. Through these projects millions of dollars of structures have been afforded wildfire protection and the pyrogenic dependent habitats have been improved. Earlier this month, the Region 4 Wildfire Management Team spent 3 weeks assisting our Conservation Lands Manager on a large conservation area within City of Sebastian city limits that is in close proximity to churches, hospitals, government offices, a municipal airport and golf course as well as millions of dollars of businesses. These efforts provide wildfire protection that is unprecedented. Over 150 acres of overgrown vegetation were tirelessly roller -chopped and mowed in an effort to reduce fuel height and create more accessible fire breaks in the event of wildfire and future prescribed burning. In 2012, such a wildfire ravaged approximately 80 acres and threatened homes, an industrial building and the municipal airport and golf course. The Florida Forest Service worked tirelessly to protect homes and the adjacent properties alongside the Indian River County Fire Department. Fire suppression mowing along the perimeter of the property provided by the Florida Forest Service prior to this event helped to keep the wildfire from spreading and damaging adjacent private property. 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 7 I would like to take a moment to commend these Foresters who have worked with our county staff. Region 4 Wildfire Management Team, Jeffrey Pilotto, Forest Area Supervisor; Jerome Harris, Senior Forest Ranger; Brad Davis. Forest Ranger; Marty Scott, Forest Ranger and Austin Gee, Forest Ranger, who have worked at many of the county's conservation areas including North Sebastian Conservation Area, Sebastian Harbor Preserve, Pelican Island Elementary School Scrub Jay Habitat, Wabasso Scrub Conservation Area, South Oslo Riverfront Conservation Area and Hallstrom Farmstead Conservation Area have demonstrated tireless dedication, professionalism, integrity and a commendable work ethic during their visits. Trevor Taylor, Forest Area Supervisor for Indian River and St. Lucie Counties has coordinated the mitigation team's visits and has also worked closely with Ms. Powell on prescribed burns and firebreak installations on several conservation areas. Again, his team works with dedication, professionalism and responsiveness. Melissa,Yunas, Wildfire Mitigation Specialist, has provided timely press releases and information to our residents and community about the importance of prescribed burning and wildfire threats. I would like to thank and acknowledge all of these foresters for their hard work and dedication. We look forward to working with the Florida Forest Service in the future. Sincerely. Bob Solari District 5 Cc: Region 4 Deputy Chief, Jim Rath; 5200 Hwy 441N, Okeechobee, FL 34972 Region 4 Mitigation Team, Forest Area Supervisor, Jeff Pilotto; 13103 Tamiami Trail, Punta Gorda, FL 33955 Beth Powell, Conservation Lands Manager, 5500 77th St, Vero Beach, FL 32967 8 11 i- J l= .,..... t76 r� - ' � ;. �.� ,, tjohn t ,........___ .___- ,. ) l - 4 , f, -I >` fl 9. 4 This is to cert6 that Andy VaCentino is Iiere6y presented this tirement Award for outstanding performance and faithfu(sewice to Indian Vver County� Board of County Commissioners For thirty-one years of service On this 5tfi day of October 2015 King 'Wesley S. Davis Director of Emergency Services Board of County Commissioner, Chairman t ; PROCLAMATION HONORING RANDY VALENTINO ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICES/FIRE RESCUE WHEREAS, Randy Valentino retired from Indian River County Fire Rescue effective October 5, 2015; and WHEREAS, Randy Valentino began his career with Indian River County on July 7, 1984, as a Firefighter/EMT, and he became a Driver/Engineer in 1990, in which ft capacity he held until his retirement. WHEREAS, Randy Valentino has served this County and the Public with distinction t' and selflessness. Throughout his thirty-one years of service, he was dedicated and his work was greatly appreciated by the employer, citizens and co-workers alike; and i% '` NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDL4N RIVER COUNTY, FLORIDA, that the Board f. applauds Randy Valentino's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River ' ' i; • County for the last thirty-one years; and BE IT FURTHER PROCLAIMED that the Board of CountyCommissioners and staff r.' extend heartfelt wishes for success in his future endeavors. s� t;` Adopted this 10th day of November 2015. BOARD OF COUNTY COMMISSIONERS INDL4N RIVER COUNTY, FLORIDAli ,,.: - ANL I' ,:,.. � ‘, - Wesley S. Davis, Chairman T Qom,_ .f,��__.:te--�›,__ 11 /�- JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 30, 2015 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 23, 2015 to October 29, 2015 XA In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of October 23, 2015 to October 29, 2015. Attachment: DLB: DB 11 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 332299 10/29/2015 PAUL CARONE 3,666 00 332300 10/29/2015 LINDSEY GARDENS LTD 309 00 332301 10/29/2015 CREATIVE CHOICE HOMES XVI LTD 440 00 332302 10/29/2015 PINNACLE GROVE LTD 869 00 332303 10/29/2015 VERO CLUB PARTNERS LTD 1.631 00 332304 10/29/2015 DAVID SPARKS 388 00 332305 10,09/2015 THE PALMS AT VERO BEACH 475 00 332306 10/29/2015 ED SCHLITT LC 560 00 332307 10/29/2015 JOHN OLIVIERA 698 00 332308 10/29/2015 ARTHUR PRUETT 409 00 332309 10/29/2015 JOSEPH LOZADA 1,212 00 332310 10/29/2015 MICHAEL JAHOLKOWSKI 547 00 332311 10/29/2015 LUCY B HENDRICKS 573 00 332312 10/29/2015 HFB OF FLORIDA LLC 764 00 332313 10/29/2015 ANDRE DORAWA 650 00 332314 10/29/2015 PAULA WHIDDON 553 00 332315 10/29/2015 COURTYARD VILLAS OF VERO LLC 560 00 332316 10/29/2015 JAMES W DAVIS 334 00 332317 10/29/2015 NITA EZELL 459.00 332318 10/29/2015 LINDSEY GARDENS ]I LTD 596 00 332319 10/29/2015 MISS INC OF THE TREASURE COAST 2;363 00 332320 10/29/2015 DANIEL CORY MARTIN 2,116.00 332321 10/29/2015 CRAIG LOPES 377 00 332322 10/29/2015 PAULA ROGERS & ASSOCIATES INC 650 00 332323 10/29/2015 FIVE STAR PROPERTY HOLDING LLC 847 00 332324 10/29/2015 WILLIAM LEE 490.00 332325 10/29/2015 MARK BAER 27,890 00 332326 10/29/2015 33 MILES EAST INVESTMENTS LLC 592 00 332327 10/29/2015 FRESH START HOUSING LLC 938 00 332328 10/29/2015 ROBERT J GORMAN 424 00 332329 10/29/2015 JUAN CHAVES 700 00 332330 10/29/2015 REID REALTY 478 00 332331 10/29/2015 MELISSA CAMARATA 641 00 332332 10/29/2015 JOHNATHON KNOWLES 722 00 332333 10/29/2015 AUGUSTUS B FORT JR 581 00 332334 10/29/2015 VERO REO LLC 559.00 332335 10/29/2015 PORT CONSOLIDATED INC 92,355 76 332336 10/29/2015 JORDAN MOWER INC 6,157 84 332337 10/29/2015 RANGER CONSTRUCTION IND INC 323 40 332338 10/29/2015 RICOH USA INC 144.37 332339 10/29/2015 AT&T WIRELESS 2,920.35 332340 10/29/2015 PARALEE COMPANY INC 500 00 332341 10/29/2015 DELTA SUPPLY CO 1,273 48 332342 10/29/2015 E -Z BREW COFFEE & BOTTLE WATER SVC 105.38 332343 10/29/2015 GRAINGER 1,289 86 332344 10/29/2015 KELLY TRACTOR CO 86.20 332345 10/29/2015 MY RECEPTIONIST INC 422 47 332346 10/29/2015 AMERIGAS EAGLE PROPANE LP 1,843 44 332347 10/29/2015 HACH CO 3,745 56 332348 10/29/2015 MARK W HILL 308.00 332349 10/29/2015 MASTELLER MOLER & TAYLOR INC 15,437.25 332350 10/29/2015 ALLIED ELECTRONICS INC 77 40 332351 10/29/2015 HD SUPPLY WATERWORKS, LTD 14,69.5 80 332352 10/29/2015 PETES CONCRETE 1.850 00 332353 10/29/2015 EGP INC 1,053 53 332354 10/29/2015 VERO INDUSTRIAL SUPPLY INC 7 40 332355 10/29/2015 VERO FURNITURE MART 450 00 332356 10/29/2015 EXPRESS REEL GRINDING INC 1.100 00 1 TRANS NBR 332357 332358 332359 332360 332361 332362 332363 332364 332365 332366 332367 332368 332369 332370 332371 332372 332373 332374 332375 332376 332377 332378 332379 332380 332381 332382 332383 332384 332385 332386 332387 332388 332389 332390 332391 332392 332393 332394 332395 332396 332397 332398 332399 332400 332401 332402 332403 332404 332405 332406 332407 332408 332409 332410 332411 332412 332413 332414 332415 332416 DATE 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/201.5 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/292015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 VENDOR AMOUNT FLORIDA VETERINARY LEAGUE 37.37 TIRESOLES OF BROWARD INC 2.155 76 ADVANCED AIR ASSOCIATES INC 5.441.21 DELL MARKETING LP 15.253 42 GENERAL PART INC 349 01 BAKER & TAYLOR INC 12.478.27 MIDWEST TAPE LLC 1,730.89 K & M ELECTRIC SUPPLY 841.17 ENCORE BROADCAST EQUIPMENT SALES 90 00 ATKINS NORTH AMERICA INC 7.337 72 PC WEATHER PRODUCTS INC 1.967 00 COMMUNITY ASPHALT CORP 170.389 46 GREENE INVESTMENT PARTNERSHIP LTD 3.426 04 PST SERVICES INC 34.594 97 INDIAN RIVER COUNTY HEALTH DEPT 46.770.58 MEDICAL EXAMINERS OFFICE 27,016.58 VICTIM ASSISTANCE PROGRAM 5,568 58 ROGER J NICOSIA 1,500 00 CITY OF VERO BEACH 6,887.30 CITY OF VERO BEACH 2.056.33 CITY OF VERO BEACH 11.612 50 UNITED PARCEL SERVICE INC 104 65 FLORIDA EAST COAST RAILWAY LLC 13,608 00 JANITORIAL DEPOT OF AMERICA INC 122.40 PUBLIX SUPERMARKETS 18 95 PUBLIX SUPERMARKETS 57 86 PUBLIX SUPERMARKETS 26 90 AAA COOPER TRANSPORTATION INC 114 07 FLORIDA DEPT OF AGRICULTURE AND 13,821 36 ACUSHNET COMPANY 253.35 INTERNATIONAL GOLF MAINTENANCE INC 88.148 43 WEST PUBLISHING CORPORATION 114 50 FLORIDA MUNICIPAL INSURANCE TRUST 513 00 CITY OF SEBASTIAN 21,061 73 CALLAWAY GOLF SALES COMPANY 8,685 59 FLORIDA RECREATION & PARK ASSOC INC 30 00 FLORIDA POWER AND LIGHT 105,077 97 FLORIDA POWER AND LIGHT 418 63 INDIAN RIVER COUNTY TAX COLLECTOR 2,100 00 TAYLOR MADE GOLF CO INC 1.470 43 STATE ATTORNEY 21,177 70 CITY OF FELLSMERE I11 55 COLORADO TIME SYSTEMS 1,800 00 CONTRACT SERVICE ENTERPRISES INC 200 00 US KIDS GOLF LLC 42 72 SUNSHINE STATE ONE CALL OF FL INC 1,138.46 TOCOMA RUBBER STAMP & MARKING SYSTEM 464 49 PATRICIA MEZZINA 300 00 TRAFFIC & PARKING CONTROL COMPANY 474 64 NATIONAL ASSOC OF COUNTY PARK 90 00 SUNSHINE LAND DESIGN 155,401 43 FLORIDA STATE GOLF ASSOCIATION 118 00 BE SAFE SECURITY ALARMS INC 120 00 GERALD A YOUNG SR 90 00 GREY HOUSE PUBLISHING 252.50 INDIAN RIVER FARMS WATER CNTRL DIST 864.30 ALAN C KAUFFMANN 220 00 G K ENVIRONMENTAL INC 400 00 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 15 84 DONADIO AND ASSOCIATES ARCHITECTS 100 00 13 TRANS NBR 332417 332418 332419 332420 332421 332422 332423 332424 332425 332426 332427 332428 332429 332430 332431 332432 332433 332434 332435 332436 332437 332438 332439 332440 332441 332442 332443 332444 332445 332446 332447 332448 332449 332450 332451 332452 332453 332454 332455 332456 332457 332458 332459 332460 332461 332462 332463 332464 332465 332466 332467 332468 332469 332470 332471 332472 332473 332474 332475 332476 DATE 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/20] 5 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 VENDOR HUMANA SYMBIONT SERVICE CORP WILLIAM K DEBRAAL RUSSELL PAYNE INC BRENNAN & KRETSCHMER TRANE US INC CELICO PARTNERSHIP BIG BROTHERS AND BIG SISTERS .CHRISTINE KELLY-BEGAZO ETR LLC STAPLES CONTRACT & COMMERCIAL INC CONSTRUCTION MATERIALS NEXTEL SOUTH CORP JOSE RIVERA KEN CHATAM SUPREME INTERNATIONAL LLC JOHNNY B SMITH SUMMERLINS MARINE CONST LLC DAVID REYNOLDS 11 CHARLES A WALKER FISHER & PHILLIPS LLP CEMEX SULTZMAN. CHARLES & SHARRON CHRISTY ANN SCHWARTZ LANGE, HANS & CAROL DAVID CHAHOC WILLIS, JAMES & GLORIA KRISTIN DANIELS NICOLACE MARKETING INC TRITEL INC SANDY ARACENA FLORIDA MEDICAID LAZENBY & ASSOCIATES INC AMERICHEM LAWN & PEST CONTROL INC BACKFLOW SOLUTIONS INC YAMAHA GOLF CAR COMPANY WOERNER DEVELOPMENT INC GHO HOMES CORPORATION ATLANTIC COASTAL LAND TITLE CO LLC SYN -TECH SYSTEMS INC DELRAY MOTORS JOSEPH CATALANO OVERDRIVE INC RAYMOND J DUCHEMIN KEITH GROCHOLL JUDITH B POWELL JOSHUA GHIZ ALAN JAY FORD LINCOLN MERCURY INC TIM ZORC REPROGRAPHIC SOLUTIONS INC LOWES HOME CENTERS INC LABOR READY SOUTHEAST INC CARDINAL HEALTH 110 INC CANON SOLUTIONS AMERICA INC BURNETT LIME CO INC SOUTHWIDE INDUSTRIES INC PENGUIN RANDOM HOUSE LLC STRAIGHT OAK LLC W S BADCOCK CORPORATION FRANK & SAUNDRA HOOPER AMOUNT 165 79 34 00 50.00 640.29 960 00 3.712 00 44615 1.250 00 285 00 4,372.37 128 41 76.920.34 91 90 60 00 12000 87.30 40 00 18.650 00 60.00 12000 175 00 735 82 100.00 26 97 25 00 50 00 50 00 13 62 6,197 00 49.50 180 00 535 79 211 00 300 00 495 00 163.48 482.50 18.736 41 250 00 668.25 1,231 93 160 00 1.635 08 180 00 60 00 100 94 1,046 50 24,929 60 46.37 15 12 4.154 41 10.397 40 2.579 09 5.146 56 3.199 00 14_.347 90 315 50 135.36 3,549 90 65 73 3 TRANS NBR DATE VENDOR AMOUNT 332477 10/29/2015 STEWART & STEVENSON FDDA LLC 972 94 332478 10/29/2015 COURSE TRENDS INC 300.00 332479 10/29/2015 CHEMTRADE CHEMICALS CORPORTATION 1.844.36 332480 10/29/2015 DYLAN REINGOLD 484 00 332481 10/29/2015 WADE WILSON 120 00 332482 10/29/2015 BERNARD EGAN & COMPANY 71,442 93 332483 10/29/2015 AMERITAS 24.850 44 332484 10/29/2015 INTEGRITY LAWNS LLC 1,750 00 332485 10/29/2015 SHIP INDEX LLC 696.00 332486 10/29/2015 RONALD NICHELSON 180 00 332487 10/29/2015 KATHLEEN PARI SOT 110 00 332488 10/29/2015 MASCHMEYER CONCRETE COMPANY OF FLORIDA 98,140.08 332489 10/29/2015 JOSEPH DIZONNO 60.00 332490 10/29/2015 DAVID FORLANI 380 00 332491 10/29/2015 KENDRA COPE 120 00 332492 10/29/2015 GENUINE PARTS COMPANY 478 46 332493 10/29/2015 OGIO INTERNATIONAL INC 1,183 00 332494 10/29/2015 CATHEDRAL CORPORATION 1,282.08 332495 10/29/2015 SCREENVISION 450.00 332496 10/29/2015 JOHNSON-DAVIS INCORPORATED 7,698.33 332497 10/29/2015 CLARA S BRYANT 50.00 332498 10/29/2015 AMERICA NO LINE INC 3,000 00 332499 10/29/2015 BEST AMERICAN WELDING SERVICES 1,802 00 332500 10/29/2015 MARK DEAN RILEY JR 60 00 332501 10/29/2015 LACANGELA STUCKEY 50 00 332502 10/29/2015 JASMIN ROBY 50 00 332503 10/29/2015 LATASHA LINDLEY 50.00 332504 10/29/2015 A PLUS AUTO DETAILING 200.00 332505 10/29/2015 DIETRICH AHNERT 290 00 332506 10/29/2015 1RENE BELL 99 05 332507 10/29/2015 ALDANA GRIGAS 20 00 332508 10/29/2015 CHARLES R COX 250 00 332509 10/29/2015 WARREN S BROWN 36 97 332510 10/29/2015 BLACKWATER CREEK RANCH LLC 234.23 332511 10/29/2015 JESS BAIR 869.40 332512 10/29/2015 KIMBERLY CHELETTE 508 12 332513 10/29/2015 PATRICIA LIVINGSTON 92.51 332514 10/29/2015 CORNELIA L MAURICE 35 00 332515 10/29/2015 JOYCE MULGREW 95.85 332516 10/29/2015 JOHN NICHOLS 100 00 332517 10/29/2015 PATRICIA OLIVO 109 84 332518 10/29/2015 JANICE PATY 44.25 332519 10/29/2015 JEAN REACH 45.59 332520 10/29/2015 DONALD SANDBORN 122 75 332521 10/29/2015 STEVE SCHACKNE 399 40 332522 10/29/2015 HELENA SCWARZ 91.35 332523 10/29/2015 DONALD SHREFFLER 59 45 332524 10/29/2015 MARTHA SPIVAK 94 54 332525 10/29/2015 PHILOMENA F STEFFENER 84 04 332526 10/29/2015 SUNSHINE HEALTH PLAN MEDICAID 548 00 332527 10/29/2015 DAVID B WHIPP 92 65 332528 10/29/2015 MARIE BAKER 20 00 332529 10/29/2015 STACY BONNAH-DEMOSS 215 00 332530 10/29/2015 BEATRICE WHITWORTH 205 00 332531 10/29/2015 ELLEN HAYTH 105 60 332532 10/29/2015 THE HILL GROUP 436 00 332533 10/29/2015 UTIL REFUNDS 40 13 332534 10/29/2015 UTIL REFUNDS 47 16 332535 10/29/2015 UTIL REFUNDS 61 12 332536 10/29/2015 UTIL REFUNDS 91 74 4 TRANS NBR DATE 332537 332538 332539 332540 332541 332542 332543 332544 332545 332546 332547 332548 332549 332550 332551 332552 332553 332554 332555 332556 332557 332558 332559 332560 332561 332562 332563 332564 332565 332566 332567 332568 332569 332570 332571 332572 332573 332574 332575 332576 Grand Total: 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10!29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 10/29/2015 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS SANDRA L BOWDEN KELLY FRANCES GAMBLE GEORGE GAMBLE AMOUNT 32.40 23 16 90 16 81 42 62.06 81 64 2196 32 65 166.28 8780 256 37 3149 50.24 4 15 32 49 58 12 44 88 37 48 59 87 12 65 23.61 85 73 24 91 17 46 39 19 52 35 73.58 59 07 2.74 47 95 1,067.52 6.53 76 12 77 53 52 69 1 08 67.53 303 99 45 90 45 90 1,436,566.49 5 TRANS. NBR 1007659 1007660 1007661 1007662 1007663 1007664 1007665 1007666 1007667 1007668 1007669 1007670 1007671 1007672 1007673 1007674 1007675 1007676 1007677 1007678 1007679 1007680 1007681 1007682 1007683 1007684 1007685 1007686 1007687 1007688 1007689 1007690 1007691 1007692 1007693 1007694 1007695 1007696 1007697 1007698 1007699 1007700 1007701 1007702 1007703 1007704 1007705 1007706 1007707 1007708 1007709 1007710 1007711 1007712 1007713 1007714 1007715 1007716 ELECTRONIC PAYMENT - VISA CARD DATE 10/23/2015 10/23/2015 10/23/2015 10/230015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/26/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/27/2015 10/28/2015 VENDOR NORTH SOUTH SUPPLY INC PRIDE ENTERPRISES SYNAGRO-WWT INC COMMUNICATIONS INTERNATIONAL ALLIED UNIVERSAL CORP COMMUNITY ASPHALT CORP COMPLETE ELECTRIC INC COPYTRONICS INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC PARKS RENTAL & SALES INC ROBINSON EQUIPMENT COMPANY INC HENRY SCHEIN INC SAFETY PRODUCTS INC INDIAN RIVER BATTERY MIKES GARAGE & WRECKER SERVICE INC DEERE & COMPANY HD SUPPLY FACILITIES MAINTENANCE LTD SHRIEVE CHEMICAL CO METRO FIRE PROTECTION SERVICES INC MUNICIPAL WATER WORKS INC PIONEER MANUFACTURING HYDRA SERVICE (S) INC PACE ANALYTICAL SERVICES INC IMAGENET CONSULTING LLC OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC EVERGLADES FARM EQUIPMENT CO INC COMMUNICATIONS INTERNATIONAL ROBINSON EQUIPMENT COMPANY INC SAFETY PRODUCTS INC COLD AIR DISTRIBUTORS WAREHOUSE DEMCO INC APPLE INDUSTRIAL SUPPLY CO GALLS LLC CENTER POINT INC ALLIED UNIVERSAL CORP THE EXPEDITER GROVE WELDERS INC ARAMARK UNIFORM & CAREER APPAREL LLC SOUTHERN COMPUTER WAREHOUSE CENGAGE LEARNING CORPORATION FERGUSON ENTERPRISES INC ROGER CLEVELAND GOLF INC COMO OIL COMPANY OF FLORIDA DYNAMIC BRANDS LLC GLOBAL GOLF SALES INC ESRI INC SOUTHERN PLUMBING INC SHRIEVE CHEMICAL CO MIDWEST MOTOR SUPPLY CO SYNAGRO-WWT INC COPYTRONICS INC CAPITAL OFFICE PRODUCTS CONSOLIDATED ELECTRICAL DISTRIBUTORS INC BENNETT AUTO SUPPLY INC AUTO PARTNERS LLC PACE ANALYTICAL SERVICES INC AT&T AMOUNT 28 61 2,360 00 29,430 07 192 00 2,642 89 384 60 750 00 772.28 100.32 19.92 144 47 10.029 19 811 69 433 45 50 00 340 94 247 72 2,958.39 2,171 61 634.30 840 00 12,988 00 108 00 87.00 0 00 1,263 86 1,383 55 104.00 243 60 227.28 234 77 234.64 374.35 582.50 11;677 86 10,686 77 41 18 1,304 14 1,153 15 108.96 819 70 15.101 07 3.889 12 117 63 75 60 348 14 6.200 00 84 00 2,954 82 184.39 25,500 80 7907 854 33 958 08 224.33 70 81 108 00 12,250 70 1 TRANS. NBR DATE VENDOR AMOUNT 1007717 10/28/2015 OFFICE DEPOT BSD CUSTOMER SVC 1.260 94 1007718 10/28/2015 WASTE MANAGEMENT INC 81 99 1007719 10/28/2015 COMCAST 82 90 Grand Total: 169.392.48 TRANS NBR 3895 3896 3897 3898 3899 3900 3901 3902 3903 3904 3905 3906 3907 3908 3909 3910 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/23/2015 10/26/2015 10/26/2015 VENDOR INDIAN RIVER COUNTY PROPERTY APPRAISER HEALTH ADVOCATE MUTUAL OF OMAHA B/C B/S OF FL ADM FEE BENEFITS WORKSHOP BENEFITS WORKSHOP NACO/SOUTHEAST NACO/SOUTHEAST FLORIDA LEAGUE OF CITIES. INC 1CMA RETIREMENT CORPORATION 1CMA RETIREMENT CORPORATION TEAMSTERS LOCAL UNION =769 IRC FIRE FIGHTERS ASSOC FL SDU IRS -PAYROLL TAXES SENIOR RESOURCE ASSOCIATION AMOUNT 350;130 84 36135 2,030.00 10,939 05 10,975 15 1._695.56 638.45 26,073 78 6,779 42 11.171 73 2,085 00 5,308 00 6.690 00 5,914 48 418,869 64 347.687.94 1,207,350.39 1 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Edward Halsey, Internal Auditor THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: November 4, 2015 SUBJECT: Internal Audit Division of the Clerk's Office BACKGROUND Attached to this memorandum is the third annual report recapping the highlights of the Clerk's Internal Audit Division. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached third annual report of the Internal Audit Division. Indian River County Ap ro d Date Administrator I i) 516 County Attorney Budget11/4/15 Department Risk Management F8 20 JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1801 27th Street, Bldg. A Vero Beach, FL 32960 DATE: November 4, 2015 TO: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of the Circuit Court and Comptroller FROM: Edward Halsey, CPA, CGFO Internal Auditor tl" SUBJECT: Internal Audit Division of the Clerk's Office I respectfully present this third annual report of the Internal Audit Division which was created in the Clerk's Office to carry out internal audit activities for the Clerk's Office and the Board of County Commissioners. The following are highlights of internal audit work done through the period September 30, 2015: • Audits of guardianship files at the Courthouse done on a continuous on-going basis. • Conducted an audit of the America No Line LLC covering SRA advertising transactions from October 2012 to June 2015, resulting in a $110 refund. • Internal auditor attended internal audit training offered by the Florida Association of Court Clerks. Received additional training on guardianship audits. • Send Tourist Development Tax letters of inquiry to owners resulting in twenty eight of the owners registering to paying the tax. • Provided the Press Journal and the Vero Beach Chamber of Commerce with Tourist Development Tax statistics. • Conducted an audit of the Board's cash over and short accounts. • Conducted audits of the health insurance fund claims to ensure that the payments were on behalf of eligible participants. • Sent letters of inquiry to local banks to determine if any unauthorized accounts were established in the name of the Clerk or the Board. None found. • Continued process of developing Internal Auditor Charter as well as Internal Audit Policy and Procedures Manual (documents to be approved by Board). • Monitored leases for compliance and to make sure payments are made (lessee) and payments are received (lessor). • Monitored grants for compliance and to make sure payments are received. • Internal auditor continued studying for the Certified Internal Auditor (CIA) examination. • Reviewed invoices to make sure discounts are taken. • In November, 2015 there is an upcoming audit of a tourist tax registrant. In addition, our annual audits include: • Each Board department; Clerk's Office; Property Appraiser; Tax Collector; Supervisor of Elections; SRA; and Health Department capital assets. • Surprise change fund (including Clerk's cashiering) and petty cash audits. 21 Consent Agenda - BCC 11 10.15 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney Q� DATE: November 3, 2015 SUBJECT: Local Option Gas Tax Florida Department of Revenue Confirmation BACKGROUND On November 2, 2015, the Indian River County Board of County Commissioners ("Board") received a letter from the Florida Department of Revenue requesting that the Chairman of the Board review the list of ordinances pertaining to the local optional gas tax and the distribution percentages for the local optional gas tax. Jason Brown, Director, Office of Management & Budget, has reviewed and confirmed the distribution percentages of the local optional gas tax between Indian River County and the municipalities within the county. This is consistent with the percentages approved by the Board on May 19, 2015. FUNDING There is no funding associated with this item. RECOMMENDATION The County Attorney recommends that the Board authorize the Chair to execute the attached letter. ATTACHMENT Letter from Amy Barrow, Florida Department of Revenue, dated October 21, 2015 APPROVED FOR NOVEMBER 10, 2015 B.C.C. MEETING — CONSENT AGENDA COUNTY ATTORNEY 22 Indian River Co. Approved Date/ Admin. _ /1/5 /) Co. Atty '''v (\ i Budget Il/ 1� Dept. Risk Mgr. --- --- 22 ns FLORIDA Executive Director Marshall Stranburg Indian River County, Florida Chairperson Bob Solari 1840 25th Street Vero Beach , FL 32960-3365 Dear Bob Solari, Florida Department of Revenue Revenue Accounting Post Office Box 6609 Tallahassee, Florida 32314-6609 October 21, 2015 The Florida Department of Revenue has reviewed the Local Option Gas Tax on Motor Fuel and Special Fuel for Indian River County. Listed on the attached page are the current Local Government ordinances, the effective dates, and rates the Department currently has on record. In addition, the current distribution percentages were included in this review. The percentages provided by the county are used to distribute the proceeds of local option fuel tax to both the county and eligible municipalities within the county. The percentages for September 1, 2015 through August 31, 2016 are listed on the following page. Pleaseacknowledge your receipt and review of this information by signing and returning the attached page to the following address: FL Department of Revenue Attn: Revenue Accounting PO Box 6609 Tallahassee, FL 32314-6609 If you have any questions, please do not hesitate to contact me at (850) 717-6784. Sincerely, r4my ret Ba•YYDw Amy A Barrow Senior Management Analyst Revenue Accounting Sub -process RECEIVED NOV. 0 2 2'015 BOARD OF COUNTY COMMISSION Chill Support — Ann Coffin, Director • General Tax Administration — Maria Johnson, Director Property Tax Oversight — Maurce Gogarty, Director i !Mix -nation Services — Damu Kuttikrishnan, Director (850) 617-8586 http://dor:myflorida.com/dor! FAX: (850) 921-1171 23 . a risS FLORIDA Executive Director Marshall Stranburg Florida Department of Revenue Revenue Accounting Post Office Box 6609 Tallahassee, Florida 32314-6609 The following is a list of both the current ordinances and the 2015/2016 distribution percentages for Indian River County: Current Ordinances: 1. County Ordinance 96-11 and 2001-012 imposed a 6 -cent Local Option Gas tax effective through August 31, 2026 Distribution Percentages for September 1, 2015 — August 31, 2016 010 for 6 Cent Local Indian River County 72.2745% Fellsmere 3.0419% Indian River Shores 1 1979% Orchid- 0.2290% .Sebastian 13.0658% Vero Beach 10.1909% 100.0000% BCC approved: Chairman Signature Date ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Child Support — Ann Coffin, Direclor • General Tax Administration — Maria Johnson, Director Property Tax Oversight — Maurice Gogarty, Director • Information Services — Damu Kuttikrishnan, Director (850) 617-8586 http:/ldor.myflorida.com/dorl FAX. (850) 921-1171 24 CONSENT: 11/10/15 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: October 22, 2015 SUBJECT: Escheated Properties Located Within the Municipal Boundaries of the City of Fellsmere In late April, 2015 two properties located within the municipal boundaries of the City of Fellsmere were escheated to Indian River County. These properties had been on the List of Lands Available for Taxes for the prerequisite three years, and the Clerk of Court issued and_ recorded an Escheatment Tax Deed for each. The properties are identified as: • Fellsmere Town of Replat PBI 8-5 N 1/2 of Lot D and all of Lot E, Block 128 and also inc the S 1/2 of Lot 16, Block 128 of Town of Fellsmere PBS 2-3 Site address: 187 S. Oleander Street, Fellsmere, Florida 32948 • Lots 123 & 124, Block 4, Hall, Carter & James Subdivision PBS 3-2 & 31 Site address: 1005 Vernon Street, Fellsmere, Florida 32948 Since these properties are located within the boundaries of an incorporated municipality of the County, and because the properties were not acquired for infill housing and no applications for restitution of the properties were filed by the record fee simple owners of the properties as of the date the county obtained title, the County is required under Section 197.592(3), Florida Statutes, to convey the properties to the governing board of the municipality in which the lands are located. Approved for November 10, 2015 BCC Meeting Consent Agenda COUNTY ATTORNEY 1 25 Indian River Co. Ap i ro ed Date Admin. • Jl (s Co Atty �G Budget I8 Department /o Risk Management - --- 25 Attached are two County Deeds which have been prepared to convey the proper -ties to the City of Fellsmere. Additionally, the City has been notified of this impending action. FUNDING The total costs with regard to this transaction are recording fees totaling $21.40 which are available from the General Fund/County Attorney's Office/Recording Fees - Account No. 00110214-034830. RECOMMENDED ACTION Authorize the Chairman of the Board of County Commissioners to execute the two County Deeds conveying the properties to the City of Fellsmere, pursuant to Section 197.592(3), Florida Statutes. /nhm Attachments cc: Jason R. Nunemaker — City Manager, City of Fellsmere Larry W. Napier — Finance Director, City of Fellsmere Warren Dill — City Attorney, City of Fellsmere 2 26 Prepared by Office of County Attorney 1801 27th Street Vero Beach, FL 32960 772-226-1425 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 10th day of November, 2015, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, party of the second part, whose mailing address is 22 S. Orange Street, Fellsmere, Florida 32948. WITNESSETH that the said party of the first part, in compliance with Section 197.592(3), Florida Statutes, has granted, bargained, conveyed and sold to the party of the second part, its successors and assigns forever, the following described land lying and being in Indian River County, Florida: FELLSMERE TOWN OF REPLAT PBI 8-5 N 1/2 OF LOT D & ALL OF LOT E BLK 128 & ALSO INC THE S 1/2 OF LOT 16 BLK 128 OF TOWN OF FELLSMERE PBS 2-3 IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: By: Deputy Clerk APPROVED AS TO FORM AND LEGAL FFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY Wesley S. Davis, Chairman BCC approved: November 10, 2015 (Official Seal) 27 Prepared by' Office of County Attorney 1801 27'h Street Vero Beach, FL 32960 772-226-1425 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 10th day of November, 2015, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, party of the second part, whose mailing address is 22 S. Orange Street, Fellsmere, Florida 32948. WITNESSETH that the said party of the first part, in compliance with Section 197.592(3), Florida Statutes, has granted, bargained, conveyed and sold to the party of the second part, its successors and assigns forever, the following described land lying and being in Indian River County, Florida: HALL, CARTER & JAMES SUB BLK 4 LOTS 123 & 124 PBS 3-2 & 31 IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: By: Deputy Clerk Wesley S. Davis, Chairman BCC approved: November 10, 2015 (Official Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 28 Indian River County Interoffice Memorandum Office of Management & Budget CONSENT To: Members of the Board of County Commissioners From: Jason E. Brown Director, Office of Management : Bu•get Date: November 4, 2015 Subject: M.A.C.E. (Multi -Agency Criminal Enforcement Unit) Project Generated Income (PGI) Miscellaneous Budget Amendment 001 Description The Multi -Agency Criminal Enforcement Unit (M.A.C.E.) Unit, which is a cooperative effort comprised of law enforcement officers from multiple agencies within the County, conducts investigations and gather intelligence that leads to the arrest and conviction of major drug suppliers to limit the availability of illegal drugs in the community. Since 1993, the unit has been funded partially through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program and partially with local funds. M.A.C.E. Unit operations have resulted in significant amounts of Project Generated Income (PGI) over the years due to asset seizures and forfeitures. Per Office of Justice Program guidelines, this income must be accounted for and reported at the same ratio of Federal Participation for the program. For instance, if the PGI is $10,000, and the program was 50% funded by the Federal award, then 50%, in this case $5,000, must be reported to the Florida Department of Law Enforcement (FDLE). For many years, M.A.C.E. was reporting 100% of the PGI, when only a portion of these funds had to be reported to FDLE. This was essentially an over -reporting of the PGI funds. Between fiscal year 2006/07 and 2012/13, M.A.C.E. reported $147,535.99 in PGI income, while only $34,227.77 had to be reported based upon the amount of local funding. This was an over -reporting of $113,308.22. Prior to fiscal year 2006/07, this program required a 25% local match. During those years, M.A.C.E. reported 75% of the total PGI. This left 25% of the PGI funds unreported to FDLE. These funds remain in the separate County fund designated for M.A.C.E. Unit PGI, with the exception of up to 15% of the funds donated to non -profits per State requirements. Since its establishment in 1993/94, the M.A.C.E. PGI Fund has earned interest on the monies in the account. From the Fund's inception through September 30, 2014, the interest earnings total $32,922.53. M.A.C.E was not required to report these funds to FDLE previously. Beginning in fiscal year 2015/16, the JAG Grant program will no longer fund the M.A.C.E. Unit. Therefore, the remaining funds in this account need to be distributed to the various law enforcement agencies that have participated in the M.A.C.E Unit. The Sheriff has requested a disbursement of these funds (see attached letter) to the various agencies based upon participation as follows: Sheriff's Office $57,468.38 Sebastian Police Department $27,529.82 Vero Beach Police Department $17,550.29 Fellsmere Police Department $17,550.29 Indian River Shores Public Safety Department $17,550.29 Total $137,649.07 29 Board of County Commissioners November 4, 2015 Page 2 of 2 Staff Recommendation Staff recommends that the Board of Commissioners approve the utilization of Project Generated Income totaling $137,649.07, which represents remaining funds in the M.A.C.E. PGI Fund from interest earnings and PGI not reported to FDLE. Staff further recommends that the Board of Commissioners approve Budget Amendment 001 and the attached Budget Resolution necessary to release the funds as detailed above. Attachments Letter from Sheriff Deryl Loar dated October 23, 2015 Budget Amendment 001 and Resolution APPROVED AGENDA ITEM: BY: eph A. Baird County Administrator FOR: November 10, 2015 Indian River County Ap ved Date Administrator ll/ // /1 Legal Q(P6 ( w ) j Budget 11/4(15 Department Risk Management I 30 October 23, 2015 Jason Brown Director of Budget and Finance Indian River County 1840 25th Street Vero Beach, Florida 32960 Sheriff Deryl Loar Indian River County RE: Project Generated Income (P.G.I.) Request Dear Mr. Brown: After reviewing historical transactions of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program [Countywide]- Project Generated Income (P.G.I.) account, we have determined the excess of revenue in the amount of $87,751.44 are funds available for disbursement among all participating agencies of the former Multi -Agency Criminal Enforcement (M.A.C.E.) Unit. Project generated income are proceeds and interest earned from the forfeiture of real or personal property resulting from the settlement of a criminal investigation. According the U.S. Department of Justice Financial Guide (Section 3.4 Program Income) program income must be accounted for up to the same ratio of Federal participation as funded in a project or program. With assistance from the Florida Department of Law Enforcement, the reporting requirements for the M.A.C.E. have been determined as follows: TOTAL PROGRAM COST- ACTUAL EXPENDITURES . IRC MACE UNIT .. :. JAG Grant Information - PGI Information FFY SIMON Grant # SIMON Subaward Total Program Budget/Cost JAG % Investment in Program Total PGI eamed during PGI amount that should have been daimed to FDLE Actual PGI daimed to FDLE Difference/ Balance the SIMON subgrant period 2005 M8-188 $78,743 $ 611,275 12.88% $ 19,940.65 $ 2,568.71 $14,955.49 $12,386.78 2006 P3-077 $49,371 $ 597,419 8.26% $ 19,940.65 $ 1,647.91 $0.00 ($1,647.91) 2007 Q9-033 $87,868 $ 430,643 20.40% $ 41,572.87 $ 8,482.49 $40,974.83 $32,492.34 2008 17-059 $36,031 $ 406,068 8.87% $ 17,133.54 $ 1,520.28 $17,113.54 $15,593.26 2009 4X-134 $103,917 $ 379,560 27.38% $ 75,070.62 $ 20,553.04 $75,070.62 $54,517.58 2010 B2-115 $59,005.92 $ 377,445 15.63% $ - $ - $0.00 $0.00 4055 4151 Avenue, Vero Beach, Florida 32960 www.ircsheriff.org (772) 569-6700 31 Page 2 of 3 2011 C4-130 $45,025.03 $ 292,134 15.41% $ - $ - $0.00 $0.00 2012 D7-151 $50,338.61 $ 197,093 25.54% $ 14,377.00 $ 3,671.96 $14,377.00 $10,705.04 2013 E5-233 $61,852 $ 271,353 22.79% $ 32,141.48 $ 7,326.30 $32,141.48 $24,815.18 2014 R3-115 $57,250 $ 348,773 16.42% $ 59,536.14 $ 9,775.83 $29,832.38 $20,0056.55 Historically, the former M.A.C.E. Unit reported 100 percent of all program income to the Florida Department of Law Enforcement and submitted budget approval requests to expend funds. As the result of over claiming funds through fiscal year 2012-2013, a budget approval is not required to disperse the remaining funds in P.G.I. account. After completing financial reconciliation of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program [Countywide]- Project Generated Income (P.G.I.) account for fiscal year 2013-2014, grant number 2014-JAGC-INRI-2-E5-233 there is $9,067.75 in funds remaining for disbursement. • Project generated income proceeds and interest earned from the forfeiture of real or personal property, resulted in total revenue of $32,141.48. The former M.A.C.E. Unit has completed and submitted all federal and state reporting requirements for the referenced fiscal year and request the remaining balance to be distributed to participating agencies (see attached reporting documentation). • Distribution calculation as follows: o Sebastian Police Department in the amount of $1,813.55 for 20 percent participation in the former M.A.C.E. Unit o Indian River County Sheriff's Office in the amount of $7,254.20 for 80 percent participation in the former M.A.C.E. Unit. After completing financial reconciliation of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program [Countywide]- Project Generated Income (P.G.I.) account for fiscal year 2014-2015, there is $40,829.89 in funds remaining for disbursement. • Project generated income proceeds and interest earned from the forfeiture of real or personal property, resulted in total revenue of $59,536.14. • Pursuant to the Florida Contraband Forfeiture Act and Florida State Statute 932.7055, no less that 15 percent of proceeds must be expended or donated to support the operation of any drug treatment, prevention, or education programs and must be deducted from total revenue received in the amount of $8,930.42. • According the U.S. Department of Justice Financial Guide (Section 3.4 Program Income) program income must be accounted for up to the same ratio of Federal participation as funded in a project or program, resulting in a reporting requirement of 16.42 percentage and must be deducted from total revenue received in the amount of $9,775.83. • The remaining balance to be distributed to participating agencies (see attached reporting documentation). Distribution calculation as follows: o Sebastian Police Department in the amount of $8,165.98 for 20 percent participation in the former M.A.C.E. Unit o Indian River County Sheriff's Office in the amount of $32,663.90 for 80 percent participation in the former M.A.C.E. Unit. Please consider this letter as my request to disburse revenues in the amount of $27,529.82 to Sebastian Police Department, $57,468.38 to Indian River County Sheriff's 32 Page 3 of 3 Office, $17,550.29 to Vero Beach Police Department, $17,550.29 to Fellsmere Police Department, and $17,550.29 to Indian River Shores Public Safety Department. Sincerely, Deryl Loar, Sheriff DUamg Attachments: Federal Guidance- Program Income (email) Federal Guidance- Program Income Section 3.4 2014-JAGC-INRI-2-E5-233 Supporting Documentation 2015-JAGC-INRI-1-R3-115 Supporting Documentation 33 Page 1 of 2 Amber Grier - Federal Guidance - Program Income From: "Herring, Petrina" <PetrinaHerring@fdle.state.fl.us> To: "jbrown@ircgov.com" <jbrown@ircgov.com>, "croberts@ircgov.com" <croberts... Date: 9/8/2015 4:17 PM Subject: Federal Guidance - Program Income CC: "Robinette, Tennille" <TennilleRobinette@fdle.state.fl.us>, "Smyth,Randa... Per our conversation, below are some of the federal guidance excerpts on managing and reporting program income on federal awards. I have contacted DOJ and will let you know as soon as we have a response. Additional information can be located in the OJP Financial Guide here, and the OMB Uniform Grant Guidance can be found here. Thank you, Petrina Herring FDLE Office of Criminal Justice Grants (850) 617-1264 OMB Uniform Grant Guidance (2 CFR Part 200) §200.307 Program income. (a) General. Non -Federal entities are encouraged to earn income to defray program costs where appropriate. (b) Cost of generating program income. If authorized by Federal regulations or the Federal award, costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the Federal award. (c) Governmental revenues. Taxes, special assessments, levies, fines, and other such revenues raised by a non -Federal entity are not program income unless the revenues are specifically identified in the Federal award or Federal awarding agency regulations as program income. (d) Property. Proceeds from the sale of real property, equipment, or supplies are not program income; such proceeds will be handled in accordance with the requirements of Subpart D—Post Federal Award Requirements of this part, Property Standards §§200.311 Real property, 200.313 Equipment, and 200.314 Supplies, or as specifically identified in Federal statutes, regulations, or the terms and conditions of the Federal award. (e) Use of program income. If the Federal awarding agency does not specify in its regulations or the terms and conditions of the Federal award, or give prior approval for how program income is to be used, paragraph (e)(1) of this section must apply. For Federal awards made to IHEs and nonprofit research institutions, if the Federal awarding agency does not specify in its regulations or the terms and conditions of the Federal award how program income is to be used, paragraph (e)(2) of this section must apply. In specifying alternatives to paragraphs (e)(1) and (2) of this section, the Federal awarding agency may distinguish between income earned by the recipient and income earned by subrecipients and between the sources, kinds, or amounts of income. When the Federal awarding agency authorizes the approaches in paragraphs (e)(2) and (3) of this section, program income in excess of any amounts specified must also be deducted from expenditures. (1) Deduction. Ordinarily program income must be deducted from total allowable costs to determine the net allowable costs. Program income must be used for current costs unless the Federal awarding agency authorizes otherwise. Program income that the non -Federal entity did not anticipate at the time of the Federal award must be used to reduce the Federal award and non -Federal entity contributions rather than to increase the funds committed to the project. (2) Addition. With prior approval of the Federal awarding agency (except for IHEs and nonprofit research institutions, as described in paragraph (e) of this section) program income may be added to the Federal award by the Federal agency and the non - Federal entity. The program income must be used for the purposes and under the conditions of the Federal award. (3) Cost sharing or matching. With prior approval of the Federal awarding agency, program income may be used to meet the cost sharing or matching requirement of the Federal award. The amount of the Federal award remains the same. (f) Income after the period of performance. There are no Federal requirements governing the disposition of income earned after the end of the period of performance for the Federal award, unless the Federal awarding agency regulations or the terms and conditions of the Federal award provide otherwise. The Federal awarding agency may negotiate agreements with recipients regarding appropriate uses of income earned after the period of performance as part of the grant closeout process. See also §200.343 Closeout. (g) Unless the Federal statute, regulations, or terms and conditions for the Federal award provide otherwise, the non -Federal entity has no obligation to the Federal awarding agency with respect to program income earned from license fees and royalties for copyrighted material, patents, patent applications, trademarks, and inventions made under a Federal award to which 37 CFR part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Awards, Contracts and 34 Page 2 of 2 Cooperative Agreements" is applicable. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75884, Dec. 19, 2014] OJP Financial Guide 3.4 Program Income Accounting Processes for Program Income If you have program income, it must be accounted for up to the same ratio of Federal participation as funded in your project or program. For example: • A discretionary award project funded with 100% Federal funds must account for and report on 100% of the total program income earned. If the total program income earned was $20,000, the recipient must account for and report the $20,000 as program income on the Federal Financial Report (FFR), SF -425. • If a recipient was funded by an award at 75% Federal funds and 25% non -Federal (match) funds, and the total program income earned by the grant was $100,000, then $75,000 must be accounted for and reported by the recipient as program income on the FFR. • Unless otherwise stipulated in the award, any program income earned during the project period but not utilized for the project must be refunded to the awarding agency. • If authorized by the DOJ grant -making component, costs incidental to the generation of program income that have not been charged to the Federal award may be deducted from gross income to determine program income. See 2 CFR 200.307(b). • Program income that the non -Federal entity did not anticipate at the time of the Federal award must be used to reduce the Federal award and non -Federal entity contributions rather than to increase the funds committed to the project. (This does not apply to Institutions of Higher Education or non-profit research institutions, unless specified in other guidance or conditions). See 2 CFR 200.307(e). • Unless otherwise instructed by the DOJ grant -making component, there are no requirements on the disposition of program income earned after the end of the period of performance of the award. 35 10/2312015 cU.S. DEPARTMENT OF JUSTICE Office of justice Programs Innovation • Partnerships • Safer X eighhor/Dods 2015 DOJ Grants Financial Guide OJP TOPICS American Indian & Alaska Native Affairs Civil Rights Corrections Courts Faith Based & Neighborhood Partnerships Juvenile Justice Law Enforcement Research, Statistics & Evaluation Substance Abuse & Crirne Technology to Fight Crime Victims of Crime '^ Contact Us 1 Careers at OJP 1 OJP Home SEARCH 01P ABOUT US 1 NEWS CENTER 1 GRANTS/FUNDING 1 PARTNERSHIPS 1 RESOURCES 1 FOR CONGRESS 1 TRAINING 8 TA 2015 DOJ Grants Financial Guide I. General II. Preaward Information Ill. Postaward N Organization Requirements Requirements Structure. V Appendices TOC 1 Contacts i Garde Horn Chapters. 3.1 Payment=_ 3 2 Availability of Funds. 3 3 Matching. or Cost Sharing Re..;urrements 3 4 Program Income. 3 iS Adjustments to Awards 3.6 Costs Requiring Prcr Approval 3 7 Property Standarce 3.6 Procurement under Awards of Federal s.srstan ce 3.9 Alloy:table Costs 3.10 Conference Approval. Planning and Reposing 3.-11 indnect Costs 3.12 OJP's Confidential Fu Ids 3.13 Unallowable Costs 3.14 Subreciprent Management and Mcnitonrg 3 15 Reporting Reouirements 3 15 Retentlan and Access Reaurrernenis for ReCo'ds 7 Remedies for Noncompliance 3 18 Closeout 3 1 9 Audit Peg unrements 26 Grant F-12:10 V:as:e and Abuse 2' l=aymen. 'ro jrdnis 3.4 Program Income Accounting Processes for Program Income If you have program income, it must be accounted for up to the same ratio of Federal participation as funded in your project or program. For example: c PREV1OU 1 NEXT> • A discretionary award project funded with 100% Federal funds must account for and report on 100% of the total program income eamed. If the total program income earned was $20,000, the recipient must account for and report the $20,000 as program income on the Federal Financial Report (FFR), SF -425. • If a recipient was funded by an award at 75% Federal funds and 25% non -Federal (match) funds, and the total program income earned by the grant was $100,000, then $75,000 must be amounted for and reported by the recipient as program income on the FFR. • Unless otherwise stipulated in the award, any program income eamed during the project period but not utilized for the project must be refunded to the awarding agency. • If authorized by the DOJ grant -malting component, costs incidental to the generation of program income that have not been charged to the Federal award may be deducted from gross income to determine program income. See 2 CFR 200.307(b). • Program income that the non -Federal entity did not anticipate at the time of the Federal award must be used to reduce the Federal award and non -Federal entity contributions rather than to increase the funds committed to the project. (This does not apply to Institutions of Higher Education or non-profit research institutions, unless specified in other guidance or conditions). See 2 CFR 200.307(e). • Unless otherwise instructed by the DOJ grant -making component, there are no requirements on the disposition of program income earned after the end of the period of performance of the award. httpJ/aj p.gov/financialguideDOJ/PostawardRequi rements/chapter3.4b.htrn 1/2 36 Grant Number 2014-JAGC-I N R I -2-E5-233 Date ro hs'., 'NounPotf - _. Total PGI Earnings 75/.of Earnings `Total , Balance disburse Dlscietonary ,:100r64irmount•• =` .,. Total_. .. ,. 10% Balance ,f��,disburse� ' s1'5%,of•;'._. .. ;.4.. o •. ° w,Earnings" ;, ^, ' ��Total: _ _ _„ 9 Balance QD disp urse $32,141.48 $24,106.11 $9..-.- a� '.,',- $3,214::15 ' , • ' '' m o o ti "x.$4,82.1:22_ $0.00 Date Check # Amount 10/31/2013 95840 $500.00 12/6/2013 96333 $500.00 3/31/2014 97295 $9,298.00 4/30/2014 97603 $4,937.00 6/13/2014 $1,020.00 6/13/2014 $327.00 6/26/2014 $2,243.88 7/31/2014 98601 $10,573.60 7/31/2014 98601 $743.00 8/5/2014 98856 $800.00 9/8/2014 99218 $150.00 9/17/2014 99218 $1,049.00 Total Checks to County $32,141.48 Request for' Date ' Total Expenditures, ;`„°;7/31/201:4 :$1.5;038.36 from 75% $15,038.36 Request for:, Expenditures from '41P ate :Total 1:0/20/20.175 . $3, 214.815 Reguestfo n=..'Date';;_r `;.Total, , �:w . :4/14/2015• i $4,'82=1:22$ Total Left to disburse r, -, - -5 1st Qtr 2nd Qtr 3rd Qtr 4 Qtr $1,000.00 $9,298.00 $8,527.88 $13,315.60 $32,141.48 CD N 09:05.51 10/23/2015 Justice Assistance Grant - County -wide Page 1 PGI SUMMARY OF EXPENDITURES Contract Number Subgrantee: 2014-JAGC-INR1-2-E5-233 Indian River County Board of Commissioners ' 't,','"-'' , ' , ° ' i'.. - '':._-.;-E - "- :,...- ' •EXpehdijUreS, ,".::' :`L'aj_,I., ' Budget Category Category Budget Amount Expenditures Balance Salaries & Benefits $0 00 $0.00 • $0 00 Contractual Services $0.00 $0.00 $0.00 Expenses $4,318.63 $4,318.63 $0.00 Operating Capital $13,933.88 $13,933.88 $0.00 Indirect Costs $0.00 $0.00 $0.00 Subtotal $18,252.51 $18,252.51 $0.00 Total PGI Earned : Total Reportable PGI : Total Approved PGI Budget Total unbudgeted PGI : Total unexpended reportable PGI . $ 18,252.51 $ 18,252.51 $ 18,252.51 $ 0.00 $ 0.00 38 09:06:29 10/23/2015 Justice Assistance Grant - County -wide PGI Transaction History Report - Indian River County Board of Commissioners Contract # 2014-JAGC-INRI-2-E5-233 Page: 1 PGf,Ezpend ttire'Report ;1. 1-0/61/201'3-="42/31/2013),: Expenditures Disallowance Total Approved Salaries and Benefits $ 0.00 Contractual Services $ 0.00 Expenses $ 0.00 Operating Capital Outlay $ 0.00 Indirect Costs $ 0.00 $ 0 00 Total PGI Reported This Period: Federal Match Percentage: Reportable PGI : $ 0 00 100.00 $ 0.00 Balances Total PGI Eamed • Total Reportable PGI . Approved PGI Budgeted . Total Unbudgeted PGI PGI Expenditures Approved: Budget Balance After Expenditures: $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 PGI_Expend tune Repost 424;01101/2014'- 03/3112014), /10/201V Expenditures Disallowance Total Approved Salaries and Benefits $ 0.00 Contractual Services $ 0.00 Expenses $ 0.00 Operating Capital Outlay $ 0.00 Indirect Costs $ 0 00 $ 0 00 Total PGI Reported This Period Federal Match Percentage: Reportable PGI : Balances Total PGI Earned : Total Reportable PGI • Approved PGI Budgeted Total Unbudgeted PGI : PGI Expenditures Approved' Budget Balance After Expenditures' $ 15,235.00 100.00 $ 15,235.00 $ 15,235.00 $ 15,235.00 $ 0 00 $ 15,235.00 $ 0.00 $ 0 00 39 09:06:29 10/23/2015 Justice Assistance Grant - County -wide Page: 2 PG! Transaction History Report - Indian River County Board of Commissioners Contract # 2014-JAGC-INRI-2-E5-233 Expenditures Disallowance Total Approved Salaries and Benefits $ 0 00 Contractual Services $ 0.00 Expenses $ 0.00 Operating Capital Outlay $ 0.00 Indirect Costs $ 0.00 $ 0.00 Total PGI Reported This Period: Federal Match Percentage. Reportable PGI $ 17,606 00 100.00 $ 17,606.00 Balances Total PGI Eamed : Total Reportable PGI : Approved PGI Budgeted : Total Unbudgeted PGI . PGI Expenditures Approved: Budget Balance After Expenditures: $ 32,841.00 $ 32,841.00 $ 0.00 $ 32,841.00 $ 0.00 $ 0 00 PGIStidgetAPProVallIA(Riiiq#4)-:i '08/07/201.4J Budget Category Approved Budget Salaries and Benefits $ 0.00 Contractual Services $ 0 00 Expenses $ 15,737 51 Operating Capital Outlay $ 0 00 Indirect Costs $ 0.00 Total PGI Budget $ 15,737.51 Balances Total PGI Earned : Total Reportable PGI • Approved PGI Budgeted . Total Unbudgeted PGI . PGI Expenditures Approved: Budget Balance After Expenditures. $ 32,841.00 $ 32,841.00 $ 15,737.51 $ 17,103.49 $ 0.00 $ 15,737.51 40 0906:29 10/23/2015 Justice Assistance Grant - County -wide PGI Transaction History Report - Indian River County Board of Commissioners Contract # 2014-JAGC-INRI-2-E5-233 Page: 3 PGIrEzpenditure,Report 4;(a07/01/2014L= 09/30/2014)=; - ,0:1/23/201,5,, Expenditures Disallowance Total Approved Salaries and Benefits $ 0.00 Contractual Services $ 0.00 Expenses $ 1,104.48 Operating Capital Outlay $ 0.00 Indirect Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0 00 $ 0.00 $ 1,10448 $ 0 00 $ 0.00 $ 1,104.48 Total PGI Reported This Period Federal Match Percentage: Reportable PGI • $ 0.00 $ 1,104 48 -$ 699.52 100.00 -$ 699.52 Balances Total PGI Earned : Total Reportable PGI : Approved PGI Budgeted : Total Unbudgeted PGI • PGI Expenditures Approved - Budget Balance After Expenditures: $ 32,141.48 $ 32,141 48 $ 15,737.51 $ 16,403.97 $ 1,104.48 $ 14,633.03 _ _= Budget Category Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs 1/08/2019 Approved Budget $ 0 00 $ 0.00 $ 4,318.63 $ 13,933.88 $ 0.00 Total PGI Budget $ 18,252.51 Balances Total PGI Earned Total Reportable PGI . Approved PGI Budgeted • Total Unbudgeted PGI PGI Expenditures Approved: Budget Balance After Expenditures: $ 32,141.48 $ 32,141.48 $ 18,252.51 $ 13,888.97 $ 1,104 48 $ 17,148.03 41 09:06:29 10/23/2015 Justice Assistance Grant - County -wide PGI Transaction History Report - Indian River County Board of Commissioners Contract # 2014-JAGC-INRI-2-E5-233 Page 4 PGI Expenditure Repotitf, _ 10/0.mo14,412131I2014y Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs Expenditures Disallowance -:.„,c _owl:1612014i Total Approved $ 0.00 $ 0.00 $ 3,214.15 $ 13,933.88 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0 00 $ 0.00 $ 3,214 15 $ 0.00 $ 13,933 88 $ 0.00 $ 0.00 $ 17,148.03 $ 0.00 $ 17,148.03 Total PGI Reported This Period. Federal Match Percentage: Reportable PGI $ 0 00 100.00 $ 0.00 Balances Total PGI Earned • Total Reportable PGI • Approved PGI Budgeted • Total Unbudgeted PGI : PGI Expenditures Approved* Budget Balance After Expenditures: $ 32,141.48 $ 32,141 48 $ 18,252.51 $ 13,888.97 $ 18,252.51 $ 0.00 • PGI Expenclit5ure-;Repo Expenditures Disallowance Total Approved Salaries and Benefits $ 0.00 $ 0.00 Contractual Services $ 0.00 $ 0.00 Expenses $ 0.00 $ 0.00 Operating Capital Outlay $ 0.00 $ 0.00 Indirect Costs $ 0 00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total PGI Reported This Period: Federal Match Percentage. Reportable PGI • $ 0.00 100.00 $ 0.00 Balances Total PGI Earned Total Reportable PGI : Approved PGI Budgeted Total Unbudgeted PGI : PGI Expenditures Approved: Budget Balance After Expenditures. $ 32,141.48 $ 32,141.48 $ 18,252.51 $ 13,888 97 $ 18,252.51 $ 0.00 42 09:06:29 10/23/2015 Justice Assistance Grant - County -wide PGI Transaction History Report - Indian River County Board of Commissioners Contract # 2014-JAGC-INRI-2-E5-233 Page: 5 RGI • Expenditure. Repo•s 0410112015r 06/301201.5) Expenditures Disallowance 0%0812015: Total Approved Salaries and Benefits $ 0 00 Contractual Services $ 0.00 Expenses $ 0 00 Operating Capital Outlay $ 0.00 Indirect Costs $ 0.00 $ 0 00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0 00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $000 $0.00 $000 Total PGI Reported This Period: Federal Match Percentage. Reportable PGI • -$ 13,888.97 100.00 -$ 13,888.97 Balances Total PGI Eamed Total Reportable PGI : Approved PGI Budgeted : Total Unbudgeted PGI • PGI Expenditures Approved: Budget Balance After Expenditures: $ 18,252.51 $ 18,252.51 $ 18,252.51 $ 0.00 $ 18,252.51 $ 0.00 43 Grant Number 2015-JAGC-I N RI -1-R 3-115 ` e' Non-P.cdfi0" !'775: 100% Balance Required • ,,Reportlng • Percentage . 16.42% ,. "'.. f' ; . :.,.,,,U ,���, ;,'1;.!o 0acne ,: P.: ,T ; n . .. ' �'� :..:.a'! 9��Q7 dispurse Fund Balance Reyuireci;�x;�; Reporting lett to r,. $59,536.14 $9,7,.75.83: Ri ,775.83 > v:`'$8,9.3U'',42: @0„930.42 $40,829.885 Date Case # Amount 10/31/201414-700100 $8,587.00 10/31/2014 14-700102 $250.00 10/31/2014 14-168222 $132.60 12/16/201411 -DEA- 549360 $ 15,253.26 12/19/201413-142839 $1,055.00 12/31/2014 14-700412 $698.00 2/10/201515-700009 $ 250.00 2/20/2015 14-700114 $1,564.48 3/12/201515-700012 $182.00 3/23/201514-700009 $ 500.00 3/24/201514-700081 $1,360.04 4/10/201515-700039 $1,340.50 4/27/201515-700030 $500.00 4/29/201515-7000123 $587.00 5/20/2015 10 -DEA - 53584 $23,827.03 FY13-14 Interest $250.16 FY14-15 Interest $583.27 8/7/2015 15-700045 1204.76 8/6/201515-000004 $598.04 8/6/2015 Evidence Purge $ 813.00 Total Checks to County $59,536.14 Request for Date . . Total Expenditures from 75% ' • Request•for;. 'Dafe . Expenditures. Total .$0;00. 4 Total Left to disburse �.;J,r;;!=. 14 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr $25,975.86 $3,856.52 $1,840.50 $27,050.26 O CN 09.07:46 10/23/2015 Justice Assistance Grant - County -wide Page• 1 PGI SUMMARY OF EXPENDITURES Contract Number Subgrantee• 2015-JAGC-I NRI -1-R3-115 Indian River County Board of Commissioners � o. _' 4 '� 4y f b Ex • enditures ° i .3 0 ¢. ore _. ' �. . Budget Category Budget Amount Expenditures Balance Salaries & Benefits $0.00 ' $0.00 $0 00 Contractual Services $0.00 $0.00 $0 00 Expenses $0 00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Total PGI Earned : Total Reportable PGI: Total Approved PGI Budget : Total unbudgeted PGI : Total unexpended reportable PGI : $ 9,775.83 $ 9,775.83 $ 0.00 $ 9,775.83 $ 9,775.83 45 09:08:15 10/23/2015 Justice Assistance Grant - County -wide Page: 1 PGI Transaction History Report - Indian River County Board of Commissioners Contract # 2015-JAGC-INRI-1-R3-115 IPGI Ez ndiiture: Re orto1A/0112014`' 12I31/20F14 s x01/28/2015 j Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs Expenditures Disallowance Total Approved $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0 00 Total PGI Reported This Period: Federal Match Percentage: Reportable PGI : $ 10,168.60 100.00 $ 10,168.60 Balances Total PGI Eamed Total Reportable PGI : Approved PGI Budgeted Total Unbudgeted PGI . PGI Expenditures Approved: Budget Balance After Expenditures: ;PGI; Expenditure Repol Salaries and Benefits Contractual Services Expenses Operating Capital Outlay Indirect Costs Expenditures -- 131. /20_11,- $ 2011,- $ 10,168.60 $ 10,168 60 $ 0.00 $ 10,168.60 $ 0 00 $ 0 00 Disallowance 08/2015 Total Approved $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total PGI Reported This Period: Federal Match Percentage: Reportable PGI • $ 19,663 78 100.00 $ 19,663.78 Balances Total PGI Earned Total Reportable PGI Approved PGI Budgeted • Total Unbudgeted PGI . PGI Expenditures Approved - Budget Balance After Expenditures: $ 29,832.38 $ 29,832.38 $ 0.00 $ 29,832.38 $ 0.00 $ 0.00 46 0908:15 10/23/2015 Justice Assistance Grant - County -wide PGI Transaction History Report - Indian River County Board of Commissioners Contract # 2015-JAGC-INRI-1-R3-115 Page 2 PGUExpenchturelteporU3:(04101/201,5--,-06/30/2015); Expenditures Disallowance 101211201 5 Total Approved Salaries and Benefits $ 0.00 Contractual Services $ 0.00 Expenses $ 0.00 Operating Capital Outlay $ 0.00 Indirect Costs $ 0.00 $ 0.00 Total PGI Reported This Period Federal Match Percentage: Reportable PGI : -$ 20,056.55 100 00 -$ 20,056.55 Balances Total PGI Eamed : Total Reportable PGI Approved PGI Budgeted : Total Unbudgeted PGI PGI Expenditures Approved. Budget Balance After Expenditures: $ 9,775.83 $ 9,775.83 $ 0.00 $ 9,775.83 $ 0.00 $ 0 00 47 RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2015-2016 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2014-2015 Budget be and hereby is amended 'as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2015. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Wesley S. Davis, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 48 Resolution No 2015 - Budget Office Approval: Exhibit "A" Jason E. rown, : udget Director Budget Amendment: 001 Entry Number Fund/ Depar t n' Account Name Account Number Increase Decrease 1. Revenue M.A.C.E. Unit Trust Fund / Cash Forward - October 1 126039-389040 $137,652 $0 Expenses M.A.C.E. Unit Trust Fund / Sheriff/ Law Enforcement Expenditures 12660021-099040 $57,469 $0 M.A.0 E. Unit Trust Fund / City of Vero Beach 12611021-088110 $17,551 $0 M.A.C.E. Unit Trust Fund / City of Sebastian 12611021-088520 $27,530 $0 M.A.0 E. Unit Trust Fund / City of Fellsmere 12611021-088115 $17,551 $0 M.A.C.E. Unit Trust Fund / Town of Indian River Shores 12611021-088125 $17,551 $0 49 INDIAN RIVER COUNTY MEMORANDUM CONSENT TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AI t P Community Deve ment Director THROUGH: Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 10/29/2015 RE: G & C Holland Vero Investors, LLC Request for Release of Easements at 1180 US Highway 1 (Casa Rio Subdivision) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting on November 10, 2015. DESCRIPTION AND CONDITIONS The County has been petitioned by G & C Holland Investors, LLC, on behalf of Vero Viking, LLC, owner of adjacent commercially zoned lots at 1180 US Highway 1, for release of two common rear lot line 5 -foot drainage and utility easements on the lots. The purpose of the easements release request is to allow for development of a gas station/convenience store on the combined lots (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easements. Therefore, it is staffs position that the requested easements release would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the two common 5 -foot drainage and utility easements described in the resolution. 50 Release of Easements Page 2 ATTACHMENTS 1. Map(s) depicting easement proposed for release. 2. Proposed County Resolution Releasing Easement. APPROVED: FOR: November 10, 2015 BY: I.R. County AWDate Admin. ilki Legal � 0 Budget (1 3 Dept. e/ q/c Risk Mgr ease.bccmemo proj./appl. no. 92090101/74464 51 IN3WH3d11W PL AT of / CASA 12I0 A SISO/Y/J/ON 0, NW, Of M.WI O/ SC.1 or sCCrroN AZ, 'Ave11s. At A, L, JNDJAN RIVER COUNTY - FLORIDA • to• Mortrober - 191J r LfVCNTH 0•a4 ST, -££T Air Rosi! ,, O// corner., tl rfef voMss eine, rise el•agno, e' L___ 1 STATE 0r rLOe/O,. ss. MO/AN 0/100 Carr r, rn. . ylw+, Ok ' nwl...0* 0' 0 u:.y A.b• .•wwn e awl Pyr eM e. -r effaIr..... sTANTE w /COerOA 1ss erre MONTY ..._. OAe. a _"%,1{"'_`_ " a z..re eea.�K..e 5i �.,. ..►,.1... . r. ,•e• mss A* onmerl : OM. .... nA.Iy wo rC 1,4..0,1E101 (:INTlrl,:AIF. r:e.II TIrICA Th Or ArrNOCnI .77,5>/b l41• • I:Or GI.P.Nh Ilr gN]IIT Mtl? )•o. ,... Kw 1 ,. 1..a. CA 011 D A D 81 Casa Rio Subdivision plat dedication language (enlargement) STATE OF F1.02/DA } SS. IND/AN 2/VER COUNTY J., /he andersgned, the owner of /he tract of /ond camprisir�g 'CASA R / b ' as shown on this plot do hereby dedicate said plot and sheets thereon as described therein • ond an easement on, /n, and under the rear -Ir feet of a// lots for the location of sewtors poles, wotnr pipes, droms, telephone and electric cob/es or l a .s cSiyned seakd ond ofe/,rered /n the pre se:ice of - .1 . -_�W.--12 wi Cis STATE OF PLOP/PA is S /N4/AN RIVER COUNTY Before me this day prrrona/// ogoenred _�11 _ _ _ _ and _ Razse/11w _Q �9L cg. _ _ _ N/s Wife, to me we// known and known, to me to be the persons descr/be'o' rn orid who executed the yoreaorn9 deo'/cot/on, and They •sei'era//y acAnow/edged thereof to be their free act and deed for the purposes srt forth; ond the .naiad _ _ _ _ _ _ _ .E.'asf-'Itho _ _q _ _ — — _ _ _the wife o/ the sued_ 2h L s_ _ _ _ _ on o separate and ,or voce exam/notion tvten on. mode Z. and be- fore me separate 1g and apart from her hustanr/ did acknow/aarm? the,/ she mune hrrre/f o Party tb the said deo/eat/on for the purposes set fon'h and that she executed sold dedication freely and vo/ugfar//y and without• const,-o/nt fear; apprehension/, of ooms/on of or from her sold husdand. /N re3TIMCNY WHEREOF % have hereunto affixed my Home' ond off/c/a/ sea/ this _ r.Y_'d _ day of_ ter_ _ _ __ -A. O. /9.25 • No T/r.F'y /'YBI./C-• .S•::) ri Of PAW 6/PA. My Carrnprfl/on expires 2-.±"'" k". es"-_ /yz-9=-- ATTACHMENT 1 53 SKETCH OF OF LEGAL DESCRIPTION (NOT A SURVEY) N89 42'43 "W 40.#s (0 North GRAPHIC SCALE 30 0 15 30 (INFEET ) 1 inch = 30 ft EXHIBIT "B" EASEMENT ABANDONMENT ORB 721, PACE 282 L=14.3! R=1509 1271-1 STREET - ROSEDALE ROAD y 'y ( RIGHT OF WAY VARIES) 3 00 OCH8EARINC=N 5155517 CH. LENCRH=14321 NORTH LINE OF PLA 1 31'M 130.0p'P 0 r S00:19'!0 "W 837(0) NOT wcuipco PARCEL 500'3970"W 6.63(0) N895352'( 110. a1(m) LOT22 BLOCK 2 N8958'14 "W 125.28 (M) 5v133 -ECT' N895352 f!3 .. 0- 130.00(P) LOT21 BLOCK 2 N8958'14'1. 12524 (M) LOT 1 BLOCK 2 130. 00 (P) N895874"1V 130.0O'( ) UNE BEARING DISTANCE L 1 N 00'13'44"E 1.50' LOT2 BLOCK 2 S' O 130.00(P) LOT 20 BLOCK 2 N8958'14 "W 125.20 (M) 130.00(P) ��a OQ Nib LOT /9 BLOCK 2 K 13000YP) N8958'14 11' 130.00N) LOT3 BLOCK 2 130. 00 (P) N8958'1410/ 130.00(M) LOT4 BLOCK2 tr SKETCH OF DESCRIPTION SKETCH OF LEGAL DESCRIP770N NOT A BOUNDARY SURVEY PLAT OF SURVEY FOR: WAWA REAL ESTATE PROJ. NO. 14-048—E—A DATE: 02-24-15 DWN BY. C.H.B. CKD. BY: S.P.T. THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE AND THE (iCNAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON `WHICH SIGNATURE AND SEAL MAY 8E FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. ATTACHMENT 1 MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BLVD. SMITE 201 VERO BEACH. FL 329601.E016903 PHONE: 772-794.1213, 1F.4X: 772-794-1096 E-M,UL• LB690YdBELLSOL7H.NLT 21Wmmg Nes 1202.10!5\14-048-NOIUNO\WAWAWgS E NDy91/71/ID1S G32:02 Ml COPYRIGHT IAS J PAGE 1 OF 2 54 RESOLUTION NO. 2015 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING EASEMENTS ON LOTS 1 AND 22, BLOCK 2, CASA RIO SUBDIVISION WHEREAS, Indian River County has an interest in drainage and utility easements on Lots 1 and 22, Block 2, of Casa Rio Subdivision; and WHEREAS, the retention of those easements, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easements: the common rear lot line 5 -foot drainage and utility easements of Lots 1 and 22, Block 2, Casa Rio Subdivision, more particularly described as the west 5 feet of Lot 1 and the east 5 feet of Lot 22, Block 2, Casa Rio Subdivision, according to the plat thereof recorded in Plat Book 1, Page 81, of the Public Records of Indian River County, Florida. This release of easements is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of 2015, by the following vote: Chairman Wesley S. Davis Vice -Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman declared the resolution duly passed and adopted this day of , 2015. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk ATTACHMENT 2 55 RESOLUTION NO. 2015 - APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl. no. 92090101/74464 Cc: Applicant: G & C HOLLAND VERO INVESTORS, LLC for VERO VIKING, LLC PO BOX 650997 VERO BEACH, FL 32965-0997 56 Consent INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Wor Director _ FROM: Louise Gates, Land Acquisition Sp SUBJECT: 26th STREET-ADVANCE ACQUISITION OF RIGHT-OF-WAY 2625 54th Avenue Michael J. and Lisa B. Giessert DATE: October 27, 2015 9 G� DESCRIPTION AND CONDITIONS Michael J. and Lisa B. Giessert own a single family home located at 2625 54th Avenue, Vero Beach (Exhibit "A"— parcel description). The house is on the northwest corner of 26th Street and 54th Avenue. The Giesserts recently approached the County to determine if their property would be impacted by the 26th Street widening project. The parcel (Exhibit "A") is 0.57 acres in size and is 145.43 feet in length along 26th Street by 171 feet along 54th Avenue. The property is zoned RS -6, single family residential, up to six units per acre, and improved with a 3 bedroom, 2 bath CBS/Stucco that was built in 2012. A recent appraisal of the property performed by Boyle & Drake, Inc., a Vero Beach appraisal firm, values the property at $240,000. The house is located on the northern 1/2 of the parcel allowing plenty of area along the south side to extract the right-of-way needed (approximately 36 feet) for the 26th Avenue project. After purchase and right-of-way extraction by the County, the remaining house and property (approximately 109.43' x 171'), will be offered for sale by sealed bid or auction. After negotiations, Mr. and Mrs. Giessert agreed to accept the purchase price of $233,000 for the entire parcel. The closing date will be six (6) months after the date of approval by the BCC, during such time the Giesserts will remain in possession and maintain the property as owners. There are no attorney fees and the appraisal fee ($450) was paid by the County under a separate contract. FUNDING Funding in the amount of $500,000 has been budgeted for Right of Way in FY 15/16 from Traffic Impact Fees -District II/ROW/26th St/43rd to 66th Ave, Acct #10215241- 066120-06011 57 Probertv Acquisition 2625 54.h Avenue October 27, 2015 Pace 2 of 2 RECOMMENDATIONS The Board's options include the following: Option 1: Staff recommends the Board approve the attached Contract for Sale and Purchase of the Giessert property for $233,000 and authorize the Chairman to execute the contract on behalf of the Board. Option 2: Reject the terms of the Agreement and continue to negotiate. ATTACHMENT 1. Two "Originals" of the Purchase Agreements DISTRIBUTION Christopher R. Mora, Public Works Director Louise Gates, Land Acquisition Specialist APPROVED AGENDA ITEM FOR: November 10, 2015 2 Indian River County Approved Date Administration ni5/jc Budget ,t 1145 Legal hi • i1 -5-b Public Works 10/2/s' Engineering & k14/,� 58 Original AGENDA COPY AGREEMENT TO PURCHASE; SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND MICHAEL J. GIESSERT AND LISA B. GIESSERT THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of September, 2015, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Michael J. and Lisa B. Giessert, husband and wife, who agree as follows: WHEREAS, Michael J. and Lisa B. Giessert owns property located at 2625 54th Avenue, Vero Beach, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing right-of-way for the future expansion of 26th Street; and WHEREAS, in order to proceed with the road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to 26th Street; and WHEREAS, the County has contacted Michael J. and Lisa B. Giessert and has offered to purchase the parcel as described on Exhibit "A" (the Property), and WHEREAS, the County is currently purchasing property/right-of-way from willing sellers; and WHEREAS, Michael J. and Lisa B. Giessert and the County, by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 2625 54th Avenue, .Vero Beach, Florida and more specifically -described in the legal description attached as Exhibit "A", fee simple, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the property shall be $233,000 (Two Hundred Thirty -Three Thousand Dollars). The Purchase 1 59 Original Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. The closing date will be six (6) months after the date of approval by the BOCC. Immediate possession to be at closing. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 2 60 Original 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place six (6) months following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. The sale does not include the refrigerator, range/oven, disposal, microwave, dishwasher, clothes washer and dryer and will be removed by the Sellers prior to closing. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to_ close this transaction. 6 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 3 61 Original 7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. The County will not be responsible in any claim or controversy arising out of or relating to any realtor fees from previous listing agreements. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or aniendrnent to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and 4 62 Original their successors and assigns. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: If to County: Michael J. and Lisa B. Giessert 2625 54th Avenue Vero Beach, FL 32966 Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Louise Gates Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, -Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for 5 63 Original sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller; IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Wesley S. Davis, Chairman Approved by BCC c- iii Michael J. �sert Date * a/AZA/ Date* Lisa B. Giessert ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: oseptf Baird, County Administrator Approved as to Form d; Legal Suffjiency: 4i County Attorney 6 64 Original EXHIBIT "A" Parcel ID Number: 32-39-33-00001-0140-00001.5 Commonly known as: 2625 54th Avenue 7 65 Carole Jean Jordan, CFC Tax Collector "HOW MAY WE HELP You?" MEMORANDUM TO: Joseph A. J. Baird, County Adm. istrator FROM: Carole Jean Jordan, Tax Collec SUBJECT: Agenda Item DATE: October 30, 2015 Please place the following on the Agenda for the Board of County Commissioners meeting on Tuesday November 10, 2015 under Constitutional Officer's Matters: Tax Collector, Carole Jean Jordan. We are hereby presenting our Annual Fiscal Report for the Fiscal Year Ended September 30, 2015 as required by Section 218.36 of the Florida Statutes. Also attached is the Report of Distribution of Excess Fees for fiscal year ended September 30, 2015. Thank you for your attention to this matter, and if you have any questions or if we can be of any assistance, please feel free to call me at extension 1337. cc: Jason Brown, Budget Director 1800 27th Street, Bldg: B, Vero Beach, FL 32960-0310 E-mail: HowMavWeHelpYou@IRCTax.com a Website: www.IRCTax.com Phone: (772) 226-1338 a Fax (772) 770-5009 9R 66 Carole Jean Jordan, CFC f' c Tax Collector \ . '4 9 "How MAY WE HELP You?" October 30, 2015 The Honorable Wesley S Davis Chairman, Board of County Commissioners Indian River County 1801 27`h Street, Bldg A Vero Beach, Florida 32960 Dear Chairman Davis: 1 am enclosing the 2015 Excess Fee Report of the Indian River County Tax Collector's Office. Total income for fees from all sources and investment income for 2015 was $5,818,206, a difference of $178,526 over projected income; total expenditures were $3,171,642, which is $1 14,442 under projected expenditures. The excess fees were $2,646,564, an increase over projected excess fees of $292,968. This breaks down to $2,374,500 being returned to the Board of County Commissions, an increase of $262,854 from our projected amount, and $272,064 being returned to the other taxing districts. If you have any questions, please contact me. Sin&erely, C1-4-444-121-4011-1 Carole Jean Jordan Tax Collector CJJ:ekp Enclosure 1800 27th Street, Bldg. B, Vero Beach, FL 32960-0310 E-mail: HowMayWeHelpYou@IRCTax.com * Website. www.IRCTax.com Phone: (772) 226-1338 e Fax (772) 770-5009 67 EXCESS2015 INDIAN RIVER COUNTY TAX COLLECTOR CAROLE JEAN JORDAN; TAX COLLECTOR EXCESS FEE DISTRIBUTION YEAR ENDING SEPTEMBER 30, 2015 COMMISSIONS 2014/2015 COLLECTED EXCESS FEES AGENCY 2014/2015 % $ 2,646,563.71 GENERAL FUND $ 3,092,843.58 70.1412% $ 1,856,331 84 MUNICIPAL SERV DIST $ 154,198 11 3 4970% $ 92,550 06 EMS SERV DIST $ 419,903.95 9.5228% $ 252,027.32 ROCKRIDGE SLD $ 60 19 0 0014% $ 36 13 LAURELWOOD SLD $ 146.65 0.0033% $ 88 02 GIFFORD SLD $ 1,421.76 0.0322% $ 853.34 LAUREL CT SLD $ 16 19 0 0004% $ 9 72 VERO LAKES MSTU $ 4,935 61 0 1119% $ 2,962.36 VB HIGH SLD $ 1,605.97 0 0364% $ 963.91 IXORA PK SLD $ 92.13 0.0021% $ 55 30 PORPOISE PT SLD $ 7 01 0 0002% $ 4.21 VERO SHORES SLD $ 76.00 0 0017% $ 45.62 POINCIANA SLD $ 249 05 0 0056% $ 149 48 ROSELAND RD SLD $ 14 08 0 0003% $ 8 45 GLENDALE LK SLD $ 64 89 0 0015% $ 38 95 WALKERS GLEN SLD $ 25.91 0.0006% $ 15 55 FLORALTON SLD $ 52.19 0 0012% $ 31 32 TIERRA LINDA SLD $ 27 12 0 0006% $ 16.28 WHISPERING PINES SLD $ 21 59 0.0005% $ 12.96 MOORINGS SLD $ 234.37 0 0053% $ 140.67 E. GIFFORD WATERSHED $ 22.08 0 0005% $ 13.25 WEST WABASSO MSBU $ 158 37 0 0036% $ 95.05 LAND ACQ BOND $ 13 64 0 0003% $ 8.19 LAND ACQ BOND 2004 $ 96,099 11 2.1794% $ 57,678 91 LIBRARY BOND $ - 0 0000% $ - LANDFILL $ 183,876.33 4 1700% $ 110,363 00 BEACH BOND $ - 0 0000% $ - FIND $ 9,004 44 0.2042% $ 5,404 49 SCHOOL BOARD $ 39 51 0 0009% $ 23.71 ST JOHNS WMD $ 82,586 85 1.8730% $ 49,568.82 SEB INLET DIST $ 8,150.66 0 1848% $ 4,892.04 MOSQUITO CONT $ 67,516 84 1.5312% $ 40,523 76 HOSPITAL $ 258,295.23 5 8578% $ 155,029 39 FELLSMERE WCD $ 1,500 00 0 0340% $ 900 30 IR FARMS WCD $ 1,500 00 0 0340% $ 900.30 ST JOHNS IMPROV DISTRICT $ 1,500 00 0 0340% $ 900 30 SEB RIVER IMPROV DISTRICT $ 1,500 00 0 0340% $ 900.30 VERO LAKES WCD $ 285.23 0 0065% $ 171.20 DELTA FARMS WCD $ 1,500 00 0 0340% $ 900 30 SEBASTIAN STORM DRAIN $ 19,908 13 0 4515% $ 11,948 91 TOTAL $ 4,409,452.77 100 0000% $ 2,646,563.71 DUE TO COUNTY DUE TO OTHER GOVT TOTAL EXCESS FEES 0 00 100.208 1000 $ 2,374,499.89 100.208 0000 $ 272,063.82 $ 2,646,563 71 68 ASSETS INDIAN RIVER COUNTY, FLORIDA TAX COLLECTOR BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS FOR THE YEAR ENDED SEPTEMBER 30, 2015 AGENCY FUNDS FUND 100 FUND 200 FUND 300 FUND 900 GENERAL TAXING OTHER DEFERRED GENERAL LONG ACCOUNT NUMBER FUND AUTHORITIES GOVERNMENT COMPENSATION TERM DEBT CASH -UNRESTRICTED 101 PETTY CASH 102 $ 18,500 EQUITY IN POOLED CASH 104 2,203,585 3,702,348 281,624 ACCOUNTS RECEIVABLE 115 118,285 INTEREST RECEIVABLE 135 SUPPLIES INVENTORY 141 2,517 INVESTMENTS 151 537,670 672,964 OTHER ASSETS - FLOWER FUND 336 OTHER ASSETS - PREPAID 155 2,560 AMOUNT TO PROVIDE -OTHER LIABILITIES 189 110,551 TOTAL ASSETS LIABILITIES AND FUND EQUITY $ 2,883,453 $ 3,702,348 $ 281,624 $ 672,964 $ 110,551 LIABILITIES: ACCOUNTS PAYABLE 202 $ 179,739 DUE TO BOARD OF COUNTY COMMISSIONERS 208 2,374,500 70,393 DUE TO STATE OF FLORIDA 208 DUE TO OTHER GOVERNMENTS 208 272,064 3,631,955 UNEARNED REVENUE 208 56,814 DEPOSITS 220 OTHER LIABILITIES - FLOWER FUND 336 OTHER LIABILITIES OTHER LIABILITIES - LONG TERM 239 ACCRUED COMPENSATED ABSENCES 239 TOTAL LIABILITIES FUND EQUITY: FUND BALANCE 271.20 $ - $ - $ - $ - $ 281,624 672,964 110,551 $ 2,883,453 $ 3,702,348 $ 281,624 $ 672,964 $ 110,551 TOTAL FUND EQUITY TOTAL LIABILITIES AND FUND EQUITY $ 2,883,453 $ 3,702,348 $ 281,624 $ 672,964 $ 110,551 REVENUES INDIAN RIVER COUNTY, FLORIDA TAX COLLECTOR STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL ALL GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2015 GENERAL FUND VARIANCE FAVORABLE ACCOUNT NUMBER BUDGET ACTUAL (UNFAVORABLE) CHARGES FOR SERVICES COUNTY OFFICERS COMMISSIONS 341 80 $5,630,680 $ 5,811,102 $ 180,422 MISCELLANEOUS REVENUES INTEREST 36110 9,000 7,104 $ (1,896) OTHER REVENUES TOTAL REVENUES EXPENDITURES $ 5,639,680 $ 5,818,206 $ 178,526 GENERAL GOVERNMENT SERVICES FINANCIAL AND ADMINISTRATIVE. PERSONAL SERVICES 513.10 $ 2,495,342 $ 2,405,178 $ 90,164 OPERATING EXPENDITURES 513.30 720,659 703,317 $ 17,342 CAPITAL OUTLAY 513 60 70,083 63,147 $ 6,936 DEBT SERVICE. PRINCIPAL RETIREMENT 513.71 - $ INTEREST 513.72 - $ TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) TRANSFERS IN LEASE PURCHASE PROCEEDS LEASE PURCHASE CIP TRANSFERS OUT TO BOARD OF COUNTY COMMISSIONERS TRANSFERS OUT TO OTHER GOVERNMENTS TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10/01/14 $ 3,286,084 $ 3,171,642 $ 114,442 $ 2,353,596 $ 2,646,564 $ 292,968 (2,111,646) (2,374,500) (262,854) (241,950) (272,064) (30,114) $ (2,353,596) $ (2,646,564) $ (292,968) FUND BALANCES 9/30/15 $ I do solemnly swear that the foregoing is a true, correct and complete report of all revenues and expenditures of my office for the year ending the 30th day of September, 2015. An �gnature) Office of Tax ollector, Indian ver County 70 November 4, 2015 Sheriff Deryl Loar Indian River County The Honorable Wesley S. Davis, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman Davis: We respectfully submit to the Board of County Commissioners a revised statement and ACH for the following excess fees for Fiscal Year 2014/2015: Fund 016, General Fund $827,015.33 Fund 168, Impact Fees/ Optional Sales Tax $210,114.37 Fund 181, Mental Health Court $37,669.91 Please place this item on the Consent Agenda for the November 10th board agenda. If you have any questions or require additional information, please contact me at 978-6404. Sincerely, Deryl Loar, Sheriff DL:lt cc: Kelly Goodwin Metcalf, Comptroller 4055 415` Avenue, Vero Beach, Florida 32960 www.ircsheriff.org (772) 569-6700 71 INDIAN RIVER COUNTY SHERIFF'S OFFICE STATEMENT OF REVENUES, EXPENDITURES & CHANGES IN FUND BALANCE -BUDGET & ACTUAL FOR THE PERIOD ENDED SEPTEMBER 30, 2015 REVENUES OTHER REVENUE COMMISSARY SALES OTHER INCOME INTEREST TOTAL REVENUES EXPENDITURES ------------------ 516 00 JUDICIAL PERSONAL SERVICES OPERATING EXPENSE CAPITAL OUTLAY CONTINGENCY TOTAL GENERAL GOVERNMENT EXPENDITURES 521 00 LAW ENFORCEMENT PERSONAL SERVICES OPERATING EXPENSE CAPITAL OUTLAY 523 00 CORRECTIONS PERSONAL SERVICES OPERATING EXPENSE CAPITAL OUTLAY TRAINING 521 99 LAW ENFORCEMENT CONTINGENCY 523.99 CORRECTIONS CONTINGENCY TOTAL PUBLIC SAFETY DEBT SERVICE PRINCIPAL INTEREST TOTAL EXPENDITURES EXCESS OF REVENUES OVER(UNDER) EXPENDITURES OTHER FINANCING SOURCES AND (USES) APPROPRIATION FROM BCC HOUSING PRISONER REVENUE SCAAP REVENUE OTHER REVENUE, SALE OF SURPLUS PROPERTY, ETC OPERATING TRANSFERS OUT -BCC TOTAL OTHER FINANCING SOURCES AND (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER(UNDER) EXPENDITURES & OTHER USES FUND BALANCE -BEGINNING OF YEAR FUND BALANCE -END OF YEAR General Fund Impact Fees Mental Health Court Fund 16 Fund 168 Fund 181 BUDGET ACTUAL VARIANCE 1,891,951 2,074,834 (182,883) 107,734 106,528 1,206 0 0 0 1,999,685 2,181,362 (181,677) 18,486,055 18,143,896 342,158 3,766,107 3,622,565 143,542 2,072,806 2,063,522 9,284 11,138,283 10,735,837 402,446 1,898,825 1,800,095 98,731 ' 199,598 187,072 12,526 37,561,674 36,552,987 1,008,687 0 0 39,561,359 38,734,349 827,010 (39,561,359) (38,734,349) 827,010 39,442,128 39,442,128 50,885 50,885 68,346 68,351 (827,015) 39,561,359 38,734,349 (827,010) 0 0 0 0 0 0 0 0 0 ACTUAL ACTUAL 0 0 0 0 47,723 692,187 36,602 24,252 1,476 739,910 62,330 739,910 62,330 (739,910) (62,330) 910,342 100,000 (210,114) (37,670) 700,228 62,330 (39,683) 0 39,683 0 0 0 72 October 27, 2015 Sheriff Deryl Loar Indian River County The Honorable Wesley S. Davis, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman Davis: 9 6 9\, The State Criminal Alien Assistance Program (SCAAP) is a payment program that is administered by the Department of Justice's Bureau of Justice Assistance (BJA). This program provides funding to participating jurisdictions for the partial reimbursement of costs incurred by incarcerating undocumented criminal aliens in their correctional facilities. I am pleased to inform you that through the efforts of my staff and the use of the consulting firm of Justice Benefits, Inc. (JBI) - that does the research, inputs the data in the proper format and submits the records - the Bureau of Justice Assistance has wire transferred $45,022.00 into the board's bank account. The invoice from the consulting firm for $8,103.96 will need to be paid from the proceeds which leaves a net of $36,918.04 from the FY 2015 SCAAP award. Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only. Consequently, I am requesting a check in the amount of $36,918.04, with the appropriate budget amendment into Corrections Operating Expenses, to pay the consulting firm and to augment funds needed for Corrections. If you have any questions or require additional information, please contact Kelly Goodwin at 978- 6146. Sincerely, Deryl Loar, Sheriff cc: Kelly Goodwin, Comptroller Jason E. Brown, OMB Director Diane Bernardo, Finance Director 4055 415t Avenue, Vero Beach, Florida 32960 www.ircsheriff.org (772) 569-6700 Justice Benefits, Inc. 1711 E. Beltline Road Coppell, TX 75019 Voice: 972-406-3700 Fax: 972-406-3791 Sold To: INDIAN RIVER COUNTY, FL CAPTAIN SELBY STRICKLAND 4055 41ST AVE VERO BEACH, FL 32960-1028 Invoice Invoice Number: 200411066 Invoice Date: Oct 21, 2015 Page: 1 Customer ID Customer PO Payment Terms A6UJ9A00009M Net Due Description Extension SCAAP FY 2015 Award Award Amount x 18% $45,022.00 X 18% 8,103.96 Thank you for your business. It is a pleasure to serve your County. Subtotal Sales Tax Total Invoice Amount Payment/Credit Applied TOTAL 8,103%96 8,103.96 8,103.96 74 October 30, 2015 Hon. Wesley S. Davis Chairman BOCC 1801 27th Street Vero Beach FL 32960 Dear Hon. Wesley S Davis, David C. Nolte, ASA INDIAN RIVER COUNTY PROPERTY APPRAISER WE ARE HERE TO SERVE YOU! 1800 27`" Street o Vero Beach, FL 32960 GrL Enclosed you will find a copy of our Annual Report for the year ending September 30, 2015. Sincerely, David C Nolte ASA IRC Property Appraiser (772) 567-8000 o Fax: (772) 770-5087 http./twww.iropa.org 75 INDIAN RIVER COUNTY, FLORIDA PROPERTY APPRAISER BALANCE SHEET AU. FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30, 2015 Spedal Agency Revenue Fund Fund General Non Ad Valorem Deferred General Long Assets Account Number Fund Projects Compensation Term Debt Cash -Unrestricted 101 Petty Cash 102 $ 70.00 Equity in Pooled Cash 104 5 84,837.00 Accounts Receivable 115 $ 3,385.00 Due from Other Funds 131 Due from Other Governments 133 Investments 151 Other Assets Other Assets Amount to Provide- Other liabilities 189 $ _ 18,148.60 TOTAL ASSETS $ 88,292.00 $ $ - $ 18,148.60 Liabilities and Fund Equity Liabilities: Accounts Payable 202 $ 46,40735 Due to Other Funds 207 Due to Board of County Commissioners 208 $ 30,780.74 Due to State of Florida 208 Due to Other Governments 208 $ 3,273.92 Deposits 220 $ 7,829.99 Other Liabilities Other Liabilities Other Liabilities Capital leases 239 Accrued Compensated Absences 239 Total Uabilties Fund Equity: Fund Balance Total Fund Equity 271.2 18,148.60 88,292.00 $ 18,148.60 5 $ - $ TOTAL LIABIUT1ES AND FUND EQUITY $ 88,292.00 $ $ 18,148.60 76 Excess Fees •• Amount Distributed or Due Percentage Actual Board of County Commissioners BCC $ 26,797.52 0.786897 $ 2,503,372.00 Other Government Emergency Services $ 3,225.18 0.094706 $ 301,290.00 St. John's River WMD $ 659.11 0.019355 $ 61,572.99 Sebastian Inlet District $ 62.63 0.001839 $ 5,851.00 Mosquito Control District $ 536.13 0.015743 $ 50,084.00 Hospital Maintenance $ 1,946.78 0.057166 $ 181,864.00 Florida Inland Navigation District $ 69.26 0.002034 $ 6,470.00 Land Acquisition Bond 2006 $ 758.05 0.02226 $ 70,816.00 TOTAL $ 34,054.66 $ 3,181,319.99 77 INDIAN RIVER COUNTY, FLORIDA CERTIFICATION PROPERTY APPRAISER I do solemnly swear that the Information reported herein Is a true, correct and complete report STATEMENT OF REVENUES, EXPENDITURES, AND of all revenues and expenditures of my office for Ute year ending September 30, 2015 CHANGES IN FUNDBALANCES- BUDGET AND ACTUAL AU. GOVERNMENTAL FUNDS Signature: �..s`�.ps_ + FOR THE YEAR ENDED SEPTEMBER 30, 2015 Variance Variance Favorable Favorable Revenues Account Number Budget Actual (Unfavorable) Budget Actual (Unfavorable) Charges for Services: Recording of Legal Instruments 341.1 Sale of Maps and Publications 341.3 $ 670.50 $ 620.50 Copying Charges 341.4 $ 26.15 $ 26.15 County Officers Commissions 341.8 5 3,181,321.00 $ 3,181,319.99 $ (1.01) Other Charges and Fees 341.9 $ 107,140.00 5 114,178.25 $ 7,038.25 Miscellaneous Revenues: Interest 361.1 $ 732.45 5 732.45 Surplus furniture & Equipment 364.41 $ Other Revenues 5 Total Revenues $ 3,288,461.00 5 3,296,877.34 $ 8,416.34 $ Expenditures General Government Services: Financial & Administrative: Personal Services Operating Expenditures Capital Outlay Debt Service: Principal Retirement Interest Other Debt Service 513.1 $ 2,739,861.00 5 2,717,636.92 $ 22,224.08 513.3 $ 375,779.61 $ 372,365.37 $ 3,414.24 513.6 5 172,820.39 5 172,820.39 $ Total Expenditures 5 3,288,461.00 $ 3,262,822.68 5 25,638.32 Excess of Revenue Over(under) Expenditures Other Financing Sources (Uses) Transfers In Lease Purchase Proceeds Transfers Out Total Other Financing Sources (Uses) EXCESS OF REVENUES & OTHER SOURCES OVER (UNDER) EXPENDITURES & OTHER U515 FUND BALANCES 10/01/15 FUND BALANCES 9/30/15 $ 5 34.054.66 5 34,054.66 0 5 (34,054.66) 5 (34,054.66) $ $ (34,054.66) 5 (34,054.66) $ - 5 . 5 78 Property Appraiser Budget Fiscal Year 2014-2015 Indian River County 1 Communications 4251 Postage 4252 Freight 43 Utilities 4451 Office Equipment 4452 Vehicles 4453 Office Space 4454 EDP $ 700.00 $ 18,100.00 45 Insurance & Surety $ 7,600.00 4651 Office Equipment $ 900.00 4652 Vehicles $ 12,000.00 4653 Office Space 4654 EDP $ 100,000.00 47 Printing & Binding $ 11,000.00 4951 Legal Advertisements $ 200.00 4952 Aerial Photos 4958 Other 61 Office Supplies $ 34,000.00 62 Operating Supplies $ 80,000.00 5451 Books $ 2,000.00 5452 Subscriptions 5453 Education $ 13,100.00 5454 Dues/Membership $ 13,000.00 TOTAL OPERATING EXPENSES $ 388,600.00 $ (391.24) $ (1,427.60) 308.76 $ 16,672.40 $ (950.00) $ 6,650.00 $ 53.99 $ 953.99 $ (7,598.89) $ 4,401.11 $ 12,955.87 $ 112,955.87 $ (938.58) $ 10,061.42 $ (155.54) $ 44.46 $ $ (1,767.39) $ 32,232.61 $ 23,628.78 $ 103,628.78 $ (598.16) $ 1,401.84 $ (7,088.32) $ 6,011.68 $ 13,000.00 $ $ $ (12,820.39) $ 375,779.61 CAPITAL OUTLAY 6451 EDP Equipment 6452 Office Furniture 6453 Office Equipment 6454 Vehicles $ 120,000.00 30,000.00 $ (27,533.34) $ $ 50,353.73 $ 92,466.66 80,353.73 80 B/A B/A B/A B/A Current •Original DOR #1 #2 #3 Budget 1 Communications 4251 Postage 4252 Freight 43 Utilities 4451 Office Equipment 4452 Vehicles 4453 Office Space 4454 EDP $ 700.00 $ 18,100.00 45 Insurance & Surety $ 7,600.00 4651 Office Equipment $ 900.00 4652 Vehicles $ 12,000.00 4653 Office Space 4654 EDP $ 100,000.00 47 Printing & Binding $ 11,000.00 4951 Legal Advertisements $ 200.00 4952 Aerial Photos 4958 Other 61 Office Supplies $ 34,000.00 62 Operating Supplies $ 80,000.00 5451 Books $ 2,000.00 5452 Subscriptions 5453 Education $ 13,100.00 5454 Dues/Membership $ 13,000.00 TOTAL OPERATING EXPENSES $ 388,600.00 $ (391.24) $ (1,427.60) 308.76 $ 16,672.40 $ (950.00) $ 6,650.00 $ 53.99 $ 953.99 $ (7,598.89) $ 4,401.11 $ 12,955.87 $ 112,955.87 $ (938.58) $ 10,061.42 $ (155.54) $ 44.46 $ $ (1,767.39) $ 32,232.61 $ 23,628.78 $ 103,628.78 $ (598.16) $ 1,401.84 $ (7,088.32) $ 6,011.68 $ 13,000.00 $ $ $ (12,820.39) $ 375,779.61 CAPITAL OUTLAY 6451 EDP Equipment 6452 Office Furniture 6453 Office Equipment 6454 Vehicles $ 120,000.00 30,000.00 $ (27,533.34) $ $ 50,353.73 $ 92,466.66 80,353.73 80 Property Appraiser Budget Fiscal Year 2014-2015 Indian River Coun 66 Books TOTAL CAPITAL OUTLAY $ 150,000.00 $ $ - $ 22,820.39 $ 172,820.39 93 Special Contingency TOTAL $ 52,709.00 $ (52,709.00) $ 3,287,962.00 $ 499.00 $ - $ - $ 3,288,461.00 81 B/A B/A B/A B/A Current Original DOR #1 #2 #3 Budget 66 Books TOTAL CAPITAL OUTLAY $ 150,000.00 $ $ - $ 22,820.39 $ 172,820.39 93 Special Contingency TOTAL $ 52,709.00 $ (52,709.00) $ 3,287,962.00 $ 499.00 $ - $ - $ 3,288,461.00 81 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 October 28, 2015 Honorable Wesley Davis, Chairman and Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Chairman Davis and County Commissioners: Enclosed please our check in the amount of $10,817.86. This amount represents excess fees for non -court operations in the amount of $9,775.64 plus reimbursement for workers' compensation premium in the amount of $1,042.22. We thank the Board staff for their continued support and for the assistance with our courthouse renovations. Should anyone have any questions on the attached report, please contact me at extension 3160 or Diane Bernardo at extension 1205. Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Court and Comptroller Cc: Joe Baird, Cc: Jason Brown Cc: Diane Bernardo Cc: Cindy Carlsward 82 INDIAN RIVER COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL GENERAL FUND FOR THE YEAR ENDED SEPTEMBER 30, 2015 REVENUES NON COURT OPERATIONS REVENUE COURT OPERATIONS REVENUE MISCELLANEOUS REVENUES TOTAL REVENUES EXPENDITURES PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES GENERAL FUND VARIANCE FINAL FAVORABLE BUDGET ACTUAL (UNFAVORABLE) $ 1,136,522 $ 1,207,894 $ 71,372 3,164,833 3,157,839 (6,994) 16,627 11,246 (5,381) 4,317,982 4,376,979 58,997 4,715,911 514,775 196,918 5,427,604 4,713,744 2,167 510,078 4,697 166,880 30,038 5,390,702 36,902 (1,109,622) (1,013,723) 95,899 OTHER FINANCING SOURCES (USES) TRANSFERS FROM BOARD OF COUNTY COMMISSIONERS 1,055,369 1,023,499 (31,870) TRANSFERS TO BOCC (9,776) (9,776) TRANSFERS FROM SPECIAL REVENUE FUND _ 54,253 - (54,253) TOTAL OTHER FINANCING SOURCES (USES) 1,109,622 1,013,723 (95,899) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES $ FUND BALANCES 10/01/14 FUND BALANCES 9/30/15 $ I, Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller of Indian River County, Florida, do hereby certify that the foregoing are true and accurate annual reports of all official expenses and net income and unexpended budget balances as of the close of the fiscal year ended September 30,2015 I have hereunto set my official seal this date, October 29, 2015. Jeffre r t,�CI"rk.•� Court and Comptroller 83 Date 10/22/2015 Jeffre R. Smith Clerk of the Circuit Court Indian River County, Florida P 0. Box 1028 Vero Beach, FL 32960 Wells Fargo Bank, N.A. EXACTLY *********1.0,817DOLLARS AND 86CENTS*** PAY BOARD OF COUNTY COMMISSERS INDIAN RIVER COUNTY I . R . C FINANCE DEP`-`T 1801 27TH STRE (( )) VERO BEACH`` FL 32960-0000 3210 NO. 0371509 $10,817.& t ircuit Court 003? L 509 1: L 2 L0002481:265850 L0997660 Jeffrey R. Smith Clerk of the Circuit Court Indian River County Vero Beach, Florida 32960 020305 NO. 0371509 Invoice Number Invoice Date Amount Invoice Number Invoice Date Amount EXCESS FEES 09/30/2015 $960.29 EXCESS FEES \ !C: -L-f Pt 09/30/2015 • )215.35 Leslie R. Swan Supervisor of ElectzonS Indian River County October 28, 2015 The Honorable Wesley Davis, Chairman Indian River County Board of County Commissioners Building A 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman Davis: Attached is check number 13423 in the amount of $ 31,876.71, which represents funds due to the Board of County Commissioners for the period ending September 30, 2015, as detailed below: Excess 14/15 Budget $ 30,224.23 SOE Fees $ 1,652.48 TOTAL $ 31, 876.71 Should you have any questions or require additional information, please do not hesitate to contact me at extension 3435. Sincerely, Leslie Rossway Swan Supervisor of Elections CC: Diane Bernardo Jason Brown RECEIVED OCT 2 8 1015 BOARD OF COUNTY COMMISSION Dr:-Xilt"?i.17;10N LIST `unirn ssioners Administrator Attorney Community Dev _- Emery w, Emery Serv;r: Geneicii (.. • =:ecrentior l;iilirre<. Services t)iher Indian River County Supervisor of Elections Profit & Loss October 2014 through September 2015 Oct '14 - Sep 15 Ordinary Income/Expense Income 331.00 • Federal Grant Revenue 381.020 • Transfer - Special Revenue 341.550 • SOE Fees 381.010 • BUDGET TRANSFER 001.02 • WORKERS' COMP. PAID BY BOCC 341.551 • City Reimbursements Total Income 18,509 82 3,528 11 0.00 1,062,242.00 14,248 00 21,036 00 1,119, 563.93 Gross Profit 1,119,563 93 Expense 011.00 • SALARIES 011.11 • Executive Salaries 011.12 • Regular Salaries 011.125 • Regular Wages 011.13 • Part -Time Wages 011.14 • Regular Wage Overtime 011.15 • Temp. Election Help 011.19 • Clerks and Poll Workers Total 011.00 • SALARIES 012.00 • PAYROLL EXPENSES 012.10 • Company Medicare 012.11 • Company Social Security 012.12 • Retirement Contributions 012.13 • Insurance 012.132 • Life/Health 012.134 • Dental 012.138 • Worker's Comp Total 012.13 • Insurance 012.140 • Other Post Employment Benefits 012.00 • PAYROLL EXPENSES - Other Total 012.00 • PAYROLL EXPENSES 031.00 • PROFESSIONAL SERVICES 031.20 • Legal Total 031.00 • PROFESSIONAL SERVICES 105,094 08 221,144 87 123,763 17 19,955.28 2,169 54 43,134 00 35,966.00 551,226.94 6,991.52 29,894.75 72,250.78 56,410.32 4,304 16 1,080 00 61,794.48 13,168.00 318 44 184,417.97 96.00 96.00 034.00 • CONTRACTUAL SERVICES 034.76 • Destruction Services 136.92 Page 1 of 3 86 Indian River County Supervisor of Elections Profit & Loss October 2014 through September 2015 034.10 • Processing Fees 034.20 • Security System 034.40 • Equipment Transport 034.80 • Other Services Total 034.00 • CONTRACTUAL SERVICES 040.00 • TRAVEL 040.40 • Executive Travel 040.60 • Staff Travel 040.80 • Temp help mileage Total 040.00 • TRAVEL 041.00 • TELEPHONE 041.40 • Telephones Total 041.00 • TELEPHONE 042.00 • POSTAGE 042.20 • Regular 042.40 • FedEx 042.60 • Shipping & Handling Total 042.00 • POSTAGE 044.00 • RENT/LEASES 044.20 • Building & Precincts 044.40 • Office Equipment Total 044.00 • RENT/LEASES 045.00 • Insurance 045.20 • Automotive Insurance Total 045.00 • Insurance 046.00 • REPAIR & MAINTENANCE 046.20 • Office Equipment 046.40 • Building Total 046.00 • REPAIR & MAINTENANCE 047.00 • PRINTING & BINDING 048.00 • PROMOTIONAL 048.40 • Advertising 048.60 • Grant matching funds - V.O. Total 048.00 • PROMOTIONAL 051.00 • OFFICE Oct '14 - Sep 15 2,186.70 2,409 94 4,645 00 152.88 . 9,531.44 4,129.46 4,319 66 729 77 9,178.89 6,929.97 6,929.97 13,046 16 179 81 2,024 56 15,250.53 1,760.00 6,672.00 8,432.00 950.00 950.00 4,942 30 139.20 5,081 50 88,014 86 16,715 80 3,528.11 20,243 91 Page 2 of 3 87 Indian River County Supervisor of Elections Profit & Loss October 2014 through September 2015 051.20 • General Supplies 051.25 • Bank Charges 051.40 • Furn/Equip - under 1000.00 Total 051.00 • OFFICE 051.60 • COMPUTER 051.62 • Software Licensing & Support 051.64 • Supplies, maint. 051.66 • Equipment under 1000.00 Total 051.60 • COMPUTER 052.00 • OPERATING SUPPLIES 052.20 • Warehouse supplies 052.40 • Van supplies, fuel 052.60 • Misc. supplies Total 052.00 • OPERATING SUPPLIES 054.00 • SUBSCRIPTIONS/EDUCATION 054.20 • Subscriptions/books 054.40 • Dues & Membership 054.60 • Meetings /Seminars/Classes Total 054.00 • SUBSCRIPTIONS/EDUCATION 060.00 • CAPITAL OUTLAY 060.40 • Software 064.80 • Machinery and Equipment Total 060.00 • CAPITAL OUTLAY Oct '14 - Sep 15 9,859 45 2,573.86 4,571.58 17,004 89 111,416 06 931 62 1,469 98 113,817.66 1,028.56 1,354.47 580.25 2,963 28 239 88 4,759 88 7,373 05 12,372.81 5,087.05 35,211 89 40,298.94 Total Expense 1,085,811.59 Net Ordinary Income 33,752 34 Other Income/Expense Other Expense Reportable Health Coverage 088.04 • BOCC/Excess Budget Total Other Expense 0 00 30,224 23 30,224.23 Net Other Income -30,224.23 Net Income 3,528.11 Page 3 of 3 88 PAYTOTHE F4% OF Thirty -One Thousand Eight Hundred Seventy -Six and 71/100 DOLLARS BOARD OF COUNTY COMMISSIONERS $"31,876 71 Leslie Swan / SUPERVISOR OF ELECTIONS BOARD OF COUNTY COMMISSIONERS 208.010 DUE TO OTHER GOVERNME 14/15 Excess Budget 208.010 DUE TO OTHER GOVERNME Excess Fees- Candidate Fees Collected 14/15 10/28/2015 13423 30,224.23 1,652.48 OPERATING-WACH 14/15 Excess Budget 31,876 71 Leslie Swan / SUPERVISOR OF ELECTIONS BOARD OF COUNTY COMMISSIONERS 10/28/2015 208 010 • DUE TO OTHER GOVERNME 14/15 Excess Budget 208 010 DUE TO OTHER GOVERNME Excess Fees- Candidate Fees Collected -1'/)15 \\ OPERATING-WACH 12) 14/15 Excess\B'udget HEM 11111iiE]llil 13423 30,224 23 1,652.48 31,876 71 0 89 017851 pr, 0,1'1 Leslie R. Swan Supervisor of Elections Indian River County October 23, 2015 The Honorable Wesley Davis Board of County Commissioners Indian River County 1800 27th Street Vero Beach, FL 32960 Dear Chairman Davis: 7Ek The 2015 Legislature appropriated $2,000,000 from the Help America Vote Act (HAVA) funds to be distributed to Supervisors of Elections based on a formula using the number of active registered voters in each county as of the 2012 General Election's book closing. Enclosed please find a Certificate Regarding Matching Funds. This document certifies that the Indian River County Board of County Commissioners will provide matching funds for the Federal Election Activities Grant for FY 2015-2016. The matching funds are 15% of the amount to be received from the state. For Indian River County, the matching fund amount is $2,462.73. In order to receive the Federal Election Activities Funds, the Legislature requires that the Chairman of the Board of County Commissioners certify that the county will match the state funds of $16,418.18 with the 15% county match or $ 2,462.73. I have enclosed the Certificate Regarding Matching Funds for your signature. The matching funds have already been budgeted in the Supervisor of Elections FY 2015-2016 approved budget. Also, starting fiscal year 2015-2016 and going forward, if a county plans on using the above HAVA funds to buy non-essential software and hardware technology such as electronic poll books, post-election audit tools or other emerging or enhancing type of technology as referenced in Attachment A, the Chairman of the Board of County Commissioners will also have to first certify that the county has purchased and made 2967 I Office: (772) 226-3440 I Fax: (772 Page Two (2) October 23, 2015 available sufficient equipment for casting and counting ballots to meet the needs of Indian River County electors for the next regularly scheduled general election. Our county has sufficient equipment for casting and counting ballots through the 2016 General Election. Please execute the certificate and return it to our office at your earliest convenience. Thank you for your attention to this matter. Most sincerely, �- ti\ Leslie Rossway Swan Supervisor of Elections 91 ATTACHMENT A to MOA # 2015-2016-0001 3078 SPECIAL CATEGORIES GRANTS AND AIDS - FEDERAL ELECTION ACTIVITIES (HELP AMERICA VOTE ACT) FROM FEDERAL GRANTS TRUST FUND ... 2,000,000 Funds in Specific Appropriation 3078 shall be distributed to county supervisors of elections to be used for election administration activities such as voter education; pollworker training; standardizing elections results reporting; or other federal election administrative activities as approved by the Department of State. County supervisors of elections will receive funds only after providing the Department of State a detailed description of the programs that will be implemented. Funds distributed to county supervisors of elections require a certification from the county that matching funds will be provided in an amount equal to fifteen percent of the amount to be received from the state. Also, before a county supervisor of elections receives funds for any software or hardware technology, including, but not limited to any emerging technology that enhances or facilitates the delivery of absentee ballots, the casting and counting of valid votes, voting system audits or recount processes, and the certification of accurate and complete official election results, the software or technology must first be certified or approved, whichever is applicable by the Department of State. Additionally, before the Supervisor can receive funds for emerging or enhancing technology, the county supervisor of elections and the chairperson of the county governing body must certify that the county has purchased and made available sufficient equipment for casting and counting ballots to meet the needs of the county electors including reducing the wait time at the polls during the early voting period and on election day for the next regularly scheduled general election. To be eligible, a county must segregate federal funds and required county matching dollars in a separate account established to hold only such funds. Funds in this account must be used only for the activities for which the funds were received. Funds shall remain in the account to be used for the same purposes for subsequent years or until such funds are expended. Supervisors of elections shall report to the Department of State any unspent funds remaining on June 30 of each fiscal year. 92 ATTACHMENT D of MOA 2015-2016-0001 Certificate Regarding Matching Funds I, , Chairman of the Board of County Commissioners of County, Florida, do hereby certify that the Board of County Commissioners will provide matching funds for the Federal Election Activities grant in county FY 2015-2016 to the Supervisor of Elections in an amount equal to at least 15% of the amount to be received from the state, which for County is $ . I understand that if the Board fails to appropriate the matching funds, all funds received from the state for this grant during the 2015-2016 state fiscal year will be required to be returned to the Department of State. Chairman, Board of County Commissioners Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY. YLAN REINGOLD COUNTY ATTORNEY DS -DE 127 Revised 6/4/13 93 ATTACHMENT F of MOA 2015-2016-0001 Certificate of Equipment for Casting and Counting Ballots We, ,k• tAk11/\ Supervisor of Elections and Chairperson of Board of County Commissioners, of -2.14 Jet County, Florida, do hereby certify that prior to the receipt and use of fiscal year 2015-2016 HAVA funds for the purchase of State -approved or certified (whichever is applicable) emerging or enhancing software or hardware technology as allowable per Attachment A-1, the county has purchased and made available sufficient equipment for casting and counting ballots to meet the needs of the county electors for the next regularly scheduled general election. If the Florida Department of State determines that there is insufficient equipment for casting and counting ballots for the next regularly scheduled general election as herein certified, we shall return the HAVA funds that were used to purchase other emerging or enhancing software and hardware technology to the State. Supervisor of Electio Chairman, Board of County Commissioners 101-K5 aso Date Date DS -DE 135 Revised 7/10/13 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 94 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM I'( 1tLI(. NOTI( I (1NFORM.VIIONAL) 1oa TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE Stan Boling, AICP; Cmmunity Development Director THROUGH: Sasan Rohani, AICP; Chief, Long Range Planning 5 //, FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long -Range Planning. DATE: October 28, 2015 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of November 10, 2015. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: December 1, 2015 1. County Initiated Request to Amend the 5 Year Capital Improvements Program and Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan. [Legislative] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. APPROVED AGENDA ITEM: FOR: .NOWA JJV (0:W5 BY: �'' 7 F•\Community Development\Users\LONG RANGE\PNI\Pni78.doc Indian River Co. Ap • r • ved Date Admin. ":�"" l7/S 1.5 Legal Vie ; is Budget I', 11t Dept. . 1c's Risk Mgr. 95 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM !I� ADMINISTRATOR'S MATTERS TO: Joseph A. Baird; County Administrator FROM: Stan Boling, CP Community Development Director DATE: October 28, 2015 SUBJECT: Appeal by Impact Fee Consultants of a Decision by the County Administrator to Deny Requests for Refund of School Impact Fees Paid in 2008 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 10, 2015. BACKGROUND Recently, Charlie Wilson on behalf of Impact Fee Consultants filed groups of requests for school impact fee refunds. The requests involve residential units (mostly single-family homes) for which impact fees were paid and building permits were issued in 2008. The reasons provided in the submittal for the refund requests were that the 6 year period for expending school impact fees had expired, that there had been "no growth", and that school impact fees were not spent on new school capacity needs. In accordance with the school impact fee interlocal agreement between Indian River County and the School Board, county staff reviewed the refund requests in coordination with school board staff. That review was conducted by the Community Development Department on two groups of requests totaling 28 and 12 refund applications, and involved coordination with the County Budget Office, the County Attorney, and the county's impact fee consultant (Tindale -Oliver). For both groups of requests, the Community Development Director determined that school impact fees collected in 2008 were properly expended or encumbered for capital improvements made necessary by new growth and development based on information provided by School Board staff and reviewed by the County Budget Office. In accordance with County Code section 100.06, the Community Development Director's decision to find proper encumbrance or expenditure of funds and deny both groups of refund requests were appealed by Impact Fee Consultants to the County Administrator. After reviewing both appeals and the reasons provided, the Administrator also found proper encumbrance or expenditure of funds and denied both appeals and provided responses to the nine appeal reasons provided by Impact Fee Consultants. Following County Code section 100.06, Impact Fee Consultants has appealed both decisions of the County Administrator. The appeals to the Board include by reference the nine reasons previously provided, and brief comments on those reasons and the Administrator's responses. Impact Fee Consultants has agreed to have both appeals heard as one matter at the Board's November 10, 2015 meeting. F•\Community Development\Users\CDADMIN\AGENDA\Current Year\2015\11-10-15 Appeal by IFC of decision by County Administrator to Deny Requests for School Impact Fee Refunds.docx 1 96 The Board of County Commissioners is now to consider the appeal of the County's Administrator's proper encumbrance/expenditure finding and denial of 40 school impact fee refund requests filed by Impact Fee Consultants. ANALYSIS • Impact Fees To address infrastructure costs associated with new growth, Indian River County has, since 1986, imposed traffic impact fees on new development and those fees have been periodically updated. In 2005, the County commissioned and approved a comprehensive update of its impact fee program. That update and associated impact fee study were conducted by Tindale -Oliver & Associates, and at the request of the School Board included school impact fees (public education facilities impact fees). As a result, in 2005 the County began imposing school impact fees on new development. Relative to other local governments, school impact fees charged in Indian River County are low: $1,756 for a single- family home (2005-2014) and $1,702 (2014 -present) while Brevard, Martin, and St. Lucie counties charge between $4,400 and $6,100 per single-family home. In 2005, when the County adopted an updated impact fee ordinance and began imposing school impact fees, it also entered into an interlocal agreement with the School Board (see attachment #7). That agreement, which is still in effect, obligates the County to collect and transfer school impact fees to the School Board and obligates the School Board to spend school impact fees for facilities that benefit new development within the timeframe specified in the impact fee ordinance (6 years). The agreement also obligates the County to review school impact fee related requests in coordination with the School Board and directs county staff to review school facilities expenditures for consistency with the impact fee ordinance. In the 2005 impact fee study, as well as the 2014 impact fee study, a consumption -based methodology was used to calculate impact fees. That methodology, discussed thoroughly in 2014 during various impact fee public meetings and workshops, satisfies all legal requirements including the "dual rational nexus test". That test requires 1) charging a fee amount that is proportionate to the impact of new development and 2) spending fees on facilities that benefit new development. In the case of school impact fees, costs per permanent student station and student generation rates were used to establish the impact (cost) each unit of new development (residential unit) has on school facilities. With respect to spending school impact fees, on a quarterly basis School Board staff provides information to the County Budget Office showing that fees are spent within 6 years of collection on facilities (such as permanent student stations) needed to accommodate growth and development. To date, based on its review of data provided by School Board staff, the County Budget Office has found that all school impact fees were spent within required timeframes and for proper facilities improvements, consistent with the inter -local agreement and impact fee ordinance. • The Appeal The subject appeal has followed the provisions of County Code section 100.06 (see attachment #6), whereby a decision of a department head such as the Community Development Director can be appealed to the County Administrator and the decision of the County Administrator can be appealed to the Board of County Commissioners. In this case, the Community Development Director rendered decisions that F•\Community Development\Users\CDADMIN\AGENDA\Current Year \2015\11-10-15 Appeal by IFC of decision by County Administrator to Deny Requests for School Impact Fee Refunds.docx 2 97 were appealed to the County Administrator. The County Administrator rendered decisions agreeing with the Community Development Director and those decisions have been appealed to the Board of County Commissioners as a single matter. Because the appeal and associated request for refunds involves school impact fees, county staff has coordinated with School Board staff as required under the inter -local agreement. To date, there has been no dispute about the appeal process. The crux of the subject appeal is the assertion by Impact Fee Consultants that "no growth" has occurred and that without growth impact fees cannot be properly expended on improvements necessary to accommodate growth. Included in Impact Fee Consultant's submittal is a student enrollment chart. Impact Fee Consultants has implied that there has been "no growth" in student enrollment and that enrollment is a necessary component of impact fee determinations. On the contrary, with respect to impact fees, "growth" refers to development and building permits as indicated in Impact Fee Ordinance sections 1000.03, 1000.04, and 1000.06 (see attachment #8). In fact, the County's adopted impact fee system, as well as most other impact fee systems, is based on the premise that each new unit of development (such as a new home) produces impacts. In the case of the 40 units associated with the subject appeal, under the adopted impact fee system it is presumed that each unit on average over time will generate a student demand of roughly .25 students. Therefore, the development of each unit places an impact on school facilities. This premise is the foundation of consumption -based impact fee systems, and those systems have been found to be technically and legally sound. With respect to encumbering or spending school impact fees collected in 2008, School Board staff has provided evidence of timely expenditure of fees on facilities improvements that increased permanent student stations. Those data show expenditures on additions/expansions to Sebastian River High School and Fellsmere Elementary School during the applicable 6 year period, and were confirmed by the County Budget Office (see attachment #9). Data provided by School Board staff also show that the Sebastian River High School project increased permanent student station capacity by 575 (seats) and that the Fellsmere Elementary School project increased permanent student station capacity by 241 (seats). Staff's conclusion was that school impact fees were properly spent and that there is no basis for a refund. With respect to the nine reasons provided with the appeal, the County Administrator's decision contains a detailed response to each reason (see attachment #4a). Those responses were reviewed by Tindale - Oliver & Associates and were deemed accurate and correct. In summary, regarding impact fees, "growth" relates to new development (e.g. building permits). As confirmed during the 2014 impact fee workshops, enrollment counts, like traffic counts on roadways, fluctuate year to year but over time will increase as the effects of the Great Recession balance out, and as development impacts and generation rate averages "play out". In addition, it was also confirmed during the 2014 workshops that sub -area enrollment demands such as those experienced in the north county warrant expansion projects in that sub -area. Expenditures on school facilities, like expenditures on roadway projects, are made in "lump expenditures" as fees accumulate over time and projects are constructed. Fees have been spent on improvements that add permanent student stations, as shown by School Board data and confirmed by the County Budget Office. The consumption -based methodology used in the County's impact fee program and reflected in the impact fee ordinance and the inter -local agreement, is based on the legally and technically sound 2005 impact fee study, and was re -confirmed by the 2014 impact fee study. Furthermore, proper and timely expenditure of fees has been documented. Therefore, county staff has provided adequate "proof' to support its decision, and has found no basis for refunds. F\Community Development\Users \CDADMIN\AGENDA\Current Year \2015\11.10.15 Appeal by IFC of decision by County Administrator to Deny Requests for School 3 Impact Fee Refunds.docx 98 RECOMMENDATION: Staff recommends that the Board of County Commissioners uphold the County Administrator's decision. ATTACHMENTS: 1. Initial Submittal Cover Letter and Backup from Impact Fee Consultants 2. Community Development Director's Denial Letters (Includes "Sample" Refund Application) a. September 18, 2015 (attachments excerpted) b. October 9, 2015(attachments excerpted) 3. Impact Fee Consultant's Appeals to County Administrator a. September 23, 2015 b. October 26, 2015 4. County Administrator's Denial Letters a. October 5, 2015 b. October 27, 2015 (attachments removed) 5. Impact Fee Consultant's Appeals to BCC a. October 12, 2015 b. October 28, 2015 6. County Code Section 100.06 7. Inter -local Agreement on School Impact Fees 8. Excerpts from Impact Fee Ordinance 9. County Budget Office Finding APPROVED AGENDA ITEM: FOR: BY: November 10, 2015 Indian River Co. Appr ed Date Admin. II 5 Legal �� i Budget rr 4 i Dept. �� ZS Risk Mgr. --- --- F \Community Development\Users\CDADMIN\AGENDA\Current Year \2015\11-10-15 Appeal by IFC of decision by County Administrator to Deny Requests for School 4 Impact Fee Refunds.docx Attachment 1 99 100 September 18, 2015 Charles R. Wilson, President Impact Fee Consultants P O Box 651114 Vero Beach, FL 32965 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www ircgov. com RE: Administrative Decision Denying 28 Applications for Refund of School Impact. Fees Based Upon Failure to Encumber Fees within Six Years of Payment [August 24 and August 28 submittals] Dear Mr. Wilson: On August 24, and on August 28, 2015 as president of Impact Fee Consultants, you submitted to Community Development a total of 28 applications for refunds of school impact fees paid during 2008. The requested school impact fees total $ 47,911.11. Receipts for all 28 transactions associated with the refund request are attached. Under the April 28, 2005 school impact fee interlocal agreement between Indian River County and the School Board, the County is responsible for reviewing all applications for school impact fee refunds ("Public Education Facilities Impact Fees") in coordination with the School Board. After receiving the subject application, County staff coordinated with School Board staff as part of its review. Based upon information received from School Board staff, the Budget Office re -confirmed a prior determination that the school .impact fees collected during 2008 were properly expended or encumbered for capital improvements made necessary by new growth and development, and that those fees were expended or encumbered by June 30, 2014, September 30, 2014, or December 31, 2014 as appropriate for any given application. Therefore, school impact fees were properly expended or encumbered within the six year timeframe provided in County Code section 1000.15. Because the school impact fees paid in 2008 for the subject applications were properly encumbered by the appropriate deadlines in 2014, those school impact fees are not eligible for refund. Therefore, the 28 subject refund applications are denied. This administrative determination from a department head may be appealed pursuant to County Code section 100.06. In accordance with section 100.06, this determination may be appealed in writing to the County Administrator within 10 working days. Any such appeal shall include "...a written statement with facts and details showing why the decision should be reversed or modified". M:\Impact Fee Refunds\School Impact Fees Public Records Request\Charlie Wilson denial of 28 school impact fee refund requests.docx Attachment 2a 106; II If you have any questions, please do not hesitate to contact me at (772) 226-1253. Sincerely, Stan Boling, AICP Community Develo Attachments: 1. 2. 3. 4. 5. 6. ment Director Receipts for all 28 Applications Refund Application Cover Letter from Wilson (August 24, 2015) Sample Application from August 28 Submittal Budget Office Email and School Distnct Communication Excerpts from School Board Facilities Programs Section 100.06 (Appeals) cc: Joe Baird, County. Administrator (via e-mail) Jason Brown, Director, Management & Budget (via e-mail) Dylan Reingold, County Attorney (via e-mail) Carter Morrison, School Board (via e-mail) M:\Impact Fee Refunds\School Impact Fees Public Records Request\Chiarrlie Wilson denial of 28 school impact fee refund requests.docx Attachment 2a 107 Official Receipt - Indian River County CDPR103 - Official Receipt 1115q 9r`St Trans Number Date Post Date Payment Slip Nbr 2008110234 ;1-1/7/2008:8,33 50:AM .; ' 11/7/2008 AR 63251 App i Name Appl Stage/Status RSF First Review Comm./PENDING Address Proj Name. THEISS/FELLSMERE FARMS Type. RSF TAZ. 137, Subdiv Nbr: 1033 Project Nbr: 2008110032 Payor STRNAD CUSTOM BUILDERS Fee Information Fee Code Description GL. Account Amount Waived LNDSCP LANDSCAPE INSPECT FEE (RSI2-004032-329020 $45 00 DAPP DEVELOPMENT APPLICATION 2-004032-322010 $50 00 ADIFU-R ADM IF IRC RESIDENTIAL 103032-324712-71051 $246.95 CFIFU-R CORRECTIONAL IF IRC - RES 103032-324111-71051 $169.98 FEIFU-R FIRE/EMS IF IRC - RESIDENTIA.103032-324113-71.051 $277.92 LEIFU-R LAW ENF IF IRC - RESIDENTIA_103032-324112-71051 $24466 LIFU-R LIBRARY IF IRC - RESIDENTIAL 103032-324612-71051 $483.26 PBIFU-R PUBLIC BLDG IF IRC - RES 103032-324711-71051 $205 72 PRIFU-R PARK/RECIF IRC - RESIDENTI<a103032-324611-71051 $1462.88 SIFU-R SCHOOL IF IRC - RESIDENTIAL 103-202103.51 $1.755.96 SWIFU-R SOLID WASTE IF IRC - RES 103032-324211-71051 $75:42 TF101-R TIF DISTRICT 1 IRC - RES 102032-324310-65101 $5202.00 Total Payments $10219.75 Payment Code Account/Check Number Amount CHECK 11183 $10219.75 Memo. Total Cash Total Non Cash Total Paid $0 00 $10219.75 $10219.75 Cashier/location: BLDMB / 1 UserBLDMB ATTACHMENT Indian River County CD -Plus for Windows 95/98/NT/2000/XP Printed 8/26/2015 857.50 AM Attachment 2a 108 Impact Fee Consultants Mr. Stan Boling Community Development Department 1801 27t St. Vero Beach, FL 32960 Dear Mr. Boling, Enclosed please find the first six of 100 or more applications for refund of impact fees from the school impact fund. The request is made according to the interlocal agreement between the County and the Indian River School District. The basis for the claim is simple. No growth equals no fee. Also enclosed are backup materials for your consideration. Cordi Charles R. President Impact Fee Consultants. ATTACHMENT Attachment 2a 109 ASSIGNED I.R.C. PROJECT NUMBER: Applicant Infomation FRANK BLAKE Status of Applicant Applicant is the: INDIAN'R VER COUNTY APPLICATION FOR IMPACT FEES REFUND Original Fee Payer Successor of the Original Fee Payer Assignee of the Original Fee Payer _X_ Current Owner / Agent of Current Ower. 15 Reason for Refund Request: 6 year period for spending expired. No growth. Not spent on new capacity need. Subject Property Information 1805 38TH LN 32-39-26-00010-0050-00072.0 Pennit # Project # Under penalties of Perjury, I declare that I have read the foregoing application and the facts stated in it are true. For Impact Fee Consultants Charles R. Wilson Date: ATTAr.HMFNT 3 Attachment 2a 110 Impact Fee Consultants Fee Agreement between Open Permit Search, Co. DBA Impact Fee Consultants, (the Company) and the client (below). FRANK BLAKE 1805 38TH LN 32-39-26-00010-0050-00072.0 The Client, as current owner of the property'listed above assigns Impact Fee Consultants to act as agent to collect refunds due the client by Indian River County/Indian River County School District... As agent, Impact Fee Consultants is authorized by the undersigned to: 1. Receive refunds from Indian River County and/or the Indian River County School District 2. Deposit refund money to the Impact Fee Consultants escrow account 3. Sign and execute all applications and.documents required to recover funds 4. Remit to client 75%, of funds recovered within 10 days of receipt There are no fees and no charges of any kind unless funds are successfully recovered! This agreement shall renin in force for a term of one year from this date. If no claim has been filed within one year all rights granted under this agreement shall be void except that any claim that is being processed, under the review by government officials or under appeal to a governmental entity or court shall continue under the terms of this agreement until resolved. The agreement may be extended with written consent of both parties. Client agrees to assist Impact Fee Consultants and shall not seek to delay or interfere in its recovery effort. If a refund is received by the client after the agreement has expired but is collected in whole or in part as a result of the information or efforts of ImpactFee Consultants, the Client agrees to pay Impact Fee Consultants 25% of the amount received. Clicnt igrecs that Impact Fee; Consultants shall be held harmless in.any dispute challenging the clients authority.or_ standing as current owner. The jurisdiction for any legal proceedings required to enforce the agreement shall be within Indian River County, Florida and will include all legal fees required to enforce the agreement. P/kc) 111 Indian River County, Florida Property Appraiser - Property Data Base Data r-- _ Parcel: L32392600010005000072.0 Owner: LBLAKE, FRANK Site Address: 1805 38TH LN, VERO BEACH, FL 32960 Mailing Address http://www.ircpa.org/Data.aspx?parcelID=3239260001000500007: Property Information Address: 1 1855 39TH ST —11 I Tax C.ode: Address Line 2: [ -1' 11 Property Use: !City, State Zip: VERO BEACH, FL 32460 Neighborhood: Legal Description -- Click here for full legal description W E GEOFFREYS SUr BLK 5 LOT 72 PBS 2-32 Photos [+) Old to enlarge. Notes ! Notes: ! Appraisal Date: 7 (Unincorp Indian River County) [0-100 - SINGLE FAMILY - IMPROVED1 51.00 - 45TH !I IST- 37TH ST/E OF !! US1 ;; I - - L3/6/2013 Secondary Owners IN° additional owners found. fi --_-___ pick here to view oblique Imagery through Bing Maps. Report Discrepancy GIS parcel shapefile last updated 8/27/201511:15:45 PM. CAMA database last updated 8/27/2015 11:5&07P14. 2 of 2 1 ATTACHMENT 3 Attachment 2a ATTACHMENT 4 Attachment 2a 112 113 Stan Boling From: Morrison, Carter <Carter.Morrison@indianriverschools.org> Sent: Tuesday, September 08, 2015 12.47 PM To: Jason Brown Cc: Stan Boling; Dylan Reingold, Ruth Bommarito; Kathy Charest; Rendell, Mark; Jimenez, Claudia; Matt McCain, Searcy, Charles; Frost, Shawn; Simchick, Dale; Simons, Michelle; Sanders, Scott Subject: RE. School Impact Fee Refund Requests August - September 2015 Attachments: Impact Fees by date of receipt FY 2006 through June 30, 2015.pdf Hi Jason• Please see my affirmative responses below. Also attached is the updated quarterly report through June 30, 2015. Thanks Carter From: Jason Brown [mailto:ibrown@ircRov.com) Sent: Tuesday, September 08, 2015 10:41 AM To: Morrison, Carter <Carter.MorrisonPindianriverschools.org> Cc: Stan Boling <sbolinePircgov.com>; Dylan Reingold <dreingold@ ircRov.com>; Ruth Bommarito <rbommarito@ircRov.com>; Kathy Charest <kcharestPircgov.com> Subject: School Impact Fee Refund Requests August - September 2015 Carter, The County has received twenty-eight (28) refund requests for school impact fees paid during 2008 (please see attached worksheet) for non-expenditure/encumbrance during the six-year timeframe provided in County Code, Section 1000 15(2). All of these school impact fees were to be expended or encumbered by June 30, 2014, September 30, 2014, or December 31, 2014 per based upon the date of payment. Based upon the documentation provided by the School District previously (see attached email, dated 6/10/2014), it appears that as of May 31, 2014 the District had expended or encumbered a total of $10,501,919.36 from school impact fees compared total impact fee and interest earnings totaling $9,880,340.35 through the end of fiscal year 2012. Therefore, County staff's understanding is that all school impact fees collected at any time during 2008 had been expended or encumbered within the six-year timeframe in the County Code. Can you please confirm that the County's understanding of these reports is correct and that the District had expended and/or encumbered the funds as reflected above? (Carter) That is correct If this is not correct, please provide an accounting for the amounts expended and encumbered by the relevant dates. The report indicates that the expended and encumbered funds were for Sebastian River High School (SRHS) classroom expansion and Fellsmere Elementary projects. Based upon previous communications from the District (see attached email), County staff is of the understanding that these two projects were "made necessary by new growth and development in the county." Please confirm that this understanding is correct. (Carter] That is also correct If this is not correct, please provide clarification on the purpose for which these funds were expended. Thank you for your assistance in this matter. If you have any questions or would like to discuss this information, please contact me. Jason E. Brown ATTACHMENT 4 Attachment za 114 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 jbrownCa�ircgov.com 2 ATTar l-IMFNT 4 Attachment 2a 115 Indian River County SCHOOL DISTRICT - - TENTATIVE FACILITIES WORK PROGRAM *Sin Mer County SCHOOL CrSTF CT • • WORKSHEET Tido Welwntesl N en oo *h,.t int In you 511.6 cut ennI hy, and a pap, Dopy a tygd and . m6t1d In dr Oface .1 EduenSomt Fs5SUk s, .ed a copy mJ ,.h 1.d ty ( 1 Oda to 1ov.7.1.r 1, 7006, Ind aS debt eacwate es of July 15, 2005. OLarta: Indian Rivas Couniy Dais: sea ,.awalil.3md ParRacti ame as1 tactI0. 1013]5 (2). (5) School dle/rlq SlotlRb4 5 - WIN work programdMIn0lon.; props ration, .doptbn, ad.+ImndlmreL �__ _���~ " (21 PREPARATION OF TENTATIVE DISTRICT PACJLnIEA WORK PROGRAM (a) AMMON. A4 a,the .l0Pom aro. .Mdct .Ned IdpuL ..c1 sand held 144 papa a were.. taatd WPC= i alt impala ala as airier 1 A actl.duee of malar repak and nnoviSo. projects mammy to minter! the educaionsl hadltim and arogary Horatio.; of d7l d4Mct. 5e1501 Mater M0T01 7001N maim PIo•..1 used.. mom u.y.a Pn01c 6Cam PM.st Cou ►50}eesd Coal Pea' L1f.5atty 1at1.. Cant 5 111•11.107•4. Ulla 5ah1Y Osee W:.Y 164050 4$1,000 47,000 31),007 527,300 J OM,' MVAC Uppri6 7NA0 Rwi0men on P.WYndWO>: 3,033,000 MAC 8.5 0.00e1e MeprelL7SOA50 1A CA00 MVAC R.155e5.5a1 Moro titbit' B.a.kery1300,000 : 750,000 HVAC R03lsonero Iaaaahn 5lm,enlry650Am 3700000 HVAC R.Obean.,aVero Mea, &mammy 1525,000 650050 HVAC R.reva Cl.stt3W.t.7@5000 Wast. .I , a.t.naon 100'0:0 'coo =pa) 300407 327.500 i 170470 Draw. DatrftlWtl. 374000 Recap 374077 1307603 . taro, COW Pyosis Rmdry md&SM 6 We, COW Prtl.3 ONr �' � Dl7ak0VI.. 1.478,303 I,&0. 1,a00,G1e3 - NOaaWeer.A07TA,Mv 3,NLe03 1604170 2150,073 ?O45.e11OOD 1100000 f3113W MierCglW Hats. Dlph*M6. 3,?II,7u 11.3,100 3,770F00 2..0,611 IAM 322 14 we 17 01'4000 13x1000 141 tbnpY.o 014164851. 66,000 4x1,3:10 714714 t1.113 OM lnMtvn.,td Mem. Old46WM. 700011 78,000 N.100 370,000 270500 1.113 OM C15551655:155111taadnWW. MAW10 MOO 100.000 70,000 70.".700 350000 155105155515 t1a,a...a Meek: 'W 100,000 100,000 103003 300.010 303,051 300,300 300,000 1,700,030 fAOdJr CIY1mt. Wien Mead 31.n a v5aHr5 A8, t7.pwl.erd 677,000 $46X0312WarpiauYM. p OMa70Wide 1131,000 1754003 =AM 100,000 750,000 5,033,003 1.r Rev1.01 JltonoEi P tndlen.law CAW*, Us! 7!.126d'4 4204170 t5,Ir2.Qn 1,07.111 85/50,507 2 A .cfiadula of mattal outlay projects rwca.mry to anew* the avilaklIly of oath !rotary Mud. nt.t etlon . for No prol.eted Student 4ntoOment in K-12 programa. =foil 200047 210r42 firisomenft AtW 10 01AII — ��s0'd [dept Peo1.p.d Coo Praf.CM Cao Waimea Coil P.. mud Geo 1?PA TO? A1 Mena Coed M. El.r. V 1 Sash CauseAnt 7.50[• • 6,504000 11004000 AtP271DIR • A004be : SitltiOm Rin Hoe Wool 274000 3,077,353 C.{ I9:. 10101. 5..aatin River Wow lithos1}5,030 1,122,000 47150057! MOVER7MMIIO.II P7AC10567I p1711.Cr 7Aeus,5411 AwW PA70M11 A:,c •1 g.NIr0 ATTACHMENT S Attachment 2a 116 Summary of Capital improvement Program Pro t New Coasirudlon New Cenetroe0an end Additlans Nee 1.9leay Ne�s18 Nath Cenlrst Ms B 8ehml'C- Oslo Road Ana 119 pa) Gnhilari WO H& /dd8bn .Total Prior to 2006 FY 2008 - FY FY 2010 2008 ogreliCicis FY FY FS' FY 2007 2003 2009 — 2010..- �'-18,925.100 0 57,525,500 4,152,500 %ubtatj New Canwdl9n'end Addlllons 12.602.300 klodulsr aasroonu Ur Cis;r AddI&t Batmen Mu 1pdds Neste Wing AhOtloo w0bta14l Maga? a? gli}srp0nu..-,- - - 8flr ADCNWtl05 6113 Acqt6elke - SbtaglaneM0iI toI .._ SubtoW Vett Constru09an 12is coo 4'550,000 5,705,000 14DC9,000 99,397,565 • 15,5C 650 1.425,0;10,^ 1,123300. _ 0 0 57.025,000 54,77100 2,750.000 0 4,100,500 275,50 3,577,500 19W0000;�e�,tmeco Y06i4i61000, _64.2 F 0_`' 0 _ iouaoo 1,a5,o00 1,015,000 ---- -- Cornpretlprsive Needs Mode10i7aibtu 2. Repleommants Dod5,d 051/101/ Replacement G51ntd Atlems i &diol Ward 1ffi OymwNm Needs Assessmem Ras ewood Nidpupose Room vans Puke= Leaning 05 Renu. Web Beads HO Scholl Rego/Don Wbmseo Wed Wilt Plan 0 4,550,000 425,000 4,125,000 139, _ :3t9>l9 3° __WOO_ 41125_°00 0 15,050,000 15500.000 13,700,000 4007,500 72,1145,000 10,712,600 0 p .tU510t1B000113463111H6P130eMalta 970,000 7,885,0;0 6.000,750 0,7577.574 1.072.865 652,500 60,717,750 80,000 71,297,099 0 970,000 7505040 5,100,000 600,750 788,90 2,994574 920,197 85.459 0 99$800 817,780 40.900,000 0 50,000 -- 7,874,747 63,722,352 ,.0.101NOMM ,11•=•11111006.6511.111,41, 25,000 945,000 7,908,040 900,750 574,664 569,157 597,580 918,805 622.000 82,461 600,000 62,50 13,500,000 90,20500 11,700,900 613,00 24698,642 11,793,607 12,297 950 mane 622,0!8 Otdkn Myr County Publlo64+Ooob 111 ATTd A_ftaacnmerA 117 1 Summary? of Capital Improvement Program Primly FY 2007 - ! FY FY FY FY FY . Project ,� t Total _ 2007 FY 2011 { 2007 2008 2009 2010 2011 New Construction ------ ___..,.m...._. f ...,._..,.,....!-,,..-�...,_.Ye.,..__._.__..,.-;�..... -... -.......•...... HawConstruallonandAdt6Hons -- - - - ---I - --- - 17,4:;},'e:! 17,.38441 i 354Q;,0:4i 1 E•.eme,aary NaaMoly At.i'•i1ES New WW1 &t,.: (BB) Oslo Rand Area HS 081 ,c'dattia,i't"ve Nsaddtu; >?smo,Nd:F 1, Subtotal New Cops .Ns.0 v. and AddR1q Modular Classroom a1od,#a• li�esroom Ad6i s - Seto: allavitWON Adam i3utaptalolularCla�srooms5,050,504: _ _ 5200 1125,000! 4.125,100 n_.._- -- -51GAcgahwoI .__•__.---------- 6iaAtw s6'..a - - - - -_ .... 17 256.5«; 14.556,10 20001 2.300.000 __sub .,-_Vtratkrnu�ettionT _-____ -- ..... w1.7. ,1so: $4,5ZRO2,500.000 f . Dtp_-._. . _ -.. - - - Subtotal New Construction— _ -Y ` - 1:6.216,454 • - 34111.154`151,$27,600 11I,$27,500 11,000,000 0 %cal p60 - Comprehensive ?beds- - - idodammtlons 1 Replacements lwn y OS; TranaA•:,: 1 !i �S, • 0 1EODJ100 1,500,000 -- Dadgrtar•,CsGte a R:ps•.:...: 1,5125:;'41 62,550 1,45x,000: 1,450,000 ESE R.,vdunsbI.r,r.,i47.: 3+.^.,744. 40,744 320,0001 60,000 60,000 80000 60.000 60.000 Pom101:dE;:PmA• 0•,:63'4:1 1,341,04 4,471,581 606.000 779,520 673,002 077.630 1.065,10 OlfrdA1-ii r•, ) ;55,.::40] 7.;;88.010 aito d AC 7.4,:46:-..m .;: ,a l (.133,060 35400/00 ! 35,000,030 -74(0.000.1 0 70.000"j 70.000,000 5.827,51i I 1 C50,000 3$71,031 3,677,500 _... _ 325= I 0 175.0 0 i 326.23)0 -- .164,0,341 -- 1 to 2..44 J 123 i ---(.i 0.20260 _ __• - - -`..--s.. I• ...0 17,114DACP__ 1:104000 500:1"o; 500,000 4,500w:1 425,400 4,125,00)1 4.125 Indian Rr if 'Courtly Rdd<c9dmols 111 ATTACHArtME2a Summary of Capital Improvement Program Prior to FY MOB • FY FY FY FY FY Pro ct Total 200S FY202 ' 2008 2006 2010. 2011 2612 Nam Con ing:U l 1 •, ..•-- NInv Constryetlon and Addldors y Sri C — Bey WWI T lbw (body > AES Now kiddr Sokol (BB) Dsio Rod Area KS (BBB} Sotestiid ri vi K^;Atm Enb-stlat RVI 16 Spam Folk Sinee1111F6C1ay 3trMofd Neu Cdistrt1c o s11d !3d439ns Chu menu 114=0021 14.0i0.003 1adn,0o0 0 ie,00D.0oo 17A74644 17,138011 440144/6 15,046,176 45048/75 260,000 rc.wD 4827.500 6,627.910 SAt5,E 1 1214800 6.0.1.661 956,851 5.875,000 325.000 325,000 .... 112;2�ir0ff., _ <1.dA„011__ .y47.9,h37 4 m01Aa. 140E0003 5.67486 15000000 • bbdd}ir Ghur9QE Malone SWs9sn Wrar AGMs Milan 978000. 4050,000 =000 4.5i4670 474000 — 475.080 Saints! iotuflar Clam roam 4521,008 6648000 06,000 474600 she Aoqulsl6o6 SIX AMUSED,' 30064160 17.054150 15800,0m 6.08.000 1,508000 1,710,000 2.100.000 2,450 00 Staatal81tr. Aogolattop 58,136,150 «9,26/,131 t7ASir150 13,11419: ta,s8D,0o0 5613(417 s 000,teo [ 62r"114467 1.aoo,eo6 7,173,600. 1,7:0,008 19,J0A00 2,100,000 2,10009 2.050.063 LAMPS 61‘..45481 Nov Construction Cclttpuahsnslma Wads Ida 6m iens L Rptscements I Camay Of6x TransQbn 0od9esoee Calked' 1bgbcenterd ESE Reeor.Am b Loaed Spsse Fomlitre Eno Egatnree (86or6 AlbmsBte &hod 1.500.000 3.512,600 380,711 7,076.166 . 7:584010 1,504000 82.000 103,711 7037,181 7.516,020 1,4b0,(E0 291000 4061,0.5 2450.000 60,000 770420 1,800,000 88000 673.562 60,000 677.630 s0.D00 1.094169 1.265420 Indian River County Arb0 Schoch E 9 GN'A mer% 2a 119 ProJact Title: Sebastian River HS Addition Propel ID: 9000DS99032 Mnrilna Zone : North Area ProJed Type: New Construction end Additions Encumbrance as of : 8/30/2007 6-8 Fundkg i"--- — — . Total 4.. Prior PY 1 FY2007 ; FY2008 i FY2OCII j FY1010 I Figii . - • - -r i it i i i --I !LiniAcquisition ; i i Planing 8 DasIgn crr5,o3o W5.�o Constructrna : 35,23'030 sten o:a S3,628.000 1 i Fvniture & Equipment I wax* 1352.630 1 Other " St Des aioren _ _ 4.5,82r,str6" 41,6681:F othilt111711iCT; Total stemero Project DascriEtion tiiiiirtritritiaSitint rad aridcigiStrgernegiii orroliment 071 a permanent daurocrn sing at ha high school. 11 Is aniciparnd that the *dike *I be wed a s Freshmen Learning Center, and w8 include ideogram es u delng Justification snLpoa8an noTh Muds, wd the aid7tirionerviue' of use c keel:man learning cenbr concept. Strident Shim Attar Project Capacity 54/10II: Cepactly Myr: Project Sterne: 13 :sign SSW Dais : Construction 8tsrt Deft : Scheduled Opon : 266 1933 2273 PlennIng 2007 2067 2008 Coordination thmt ad einsbuctbri wt be coordinated ulth schc7t1 staff, 617.1.Oli-rre 1 WCD, realrianance and bullring department oat Wien Rho. Courdy Pubfte Schools ATTACANgent4a 120 Summary of G,pital Improvement Program Pilar to FY 2009 • : FY FY FY FY FY Pro 1 Tota! 2009 FY 2013 2009 2010 2011 2012 2013 New Construction HMConitrus/on and Additions Admtntsadcn FsTai1y. Elenntey 6drod M Seed (B8) Osb Feed Aau NS (888) poll* aOpr+Ba1R Sabagen Riau RS Sports Fate &testae taw 60*Add 4on Su nttl New Comtructfan and M:djNona Modular Cluirooms AlenatreUdu9 Ed P0grars Sv6toLl'Moolulu C_ I .. ome Site Acqul39lon Sys Aegrdi0ien 5ubmhd Ots Aoqui tllon Subtotal (sax Construction Compret.nolvo Needs 13,000,000 15,000,000 45,048,476 200,000 12,000,000 0 12004900 127000,000 .- 0 18,000,000 46,048,476 100,000 0 12.600000 12400,000 4,132,600 4,152.800 5,00,491 2174,401 6,875.003 5,376,000 4.550,000 1,554000 109,100,417—.58;12s�487 - 48,575,000 30375,000 200000 200,000 0 314000 200,000 !07.008 2000 6 18,000,000 0 18,906,080 34556.11 23,056.150 7600,1107 `1.500000 1 `000 1600.000 1500000 1.500000 30,950,150 27,053.100 7600,000: 1.600,000 1500,900 1,190,006 1,604000 1,700,000 113,758,017 70,111,817 06,678,000 ! 32,578,000 1,500,000 1,600,000 15,604690 1,601960 14xlernIzoilini 8 Repfacemant Dodpertam Catalano a HVAC Reolaoarrant Foam sad Equ¢rmn1 Osceola *re! Rogooemanl 00165 Freshman Lean4 C0 Ranov Vee Basch 51 Raciaseron1 Vero Beady high Schaal RentoratIon 3,512.500 8.865,304' 24000,000 3,150,000 710)0000 54.217,750 2.512,5400 1.030.000 1.000.030 2116084 0045820 1,179,920 1.175,620 1,035 169 1,255,420 ',200,841 0 *900,000 20000000 20.000 3,130,000 130,000 3,004009 0 20,001003 20,000.000 90,717,760 3,504000 3000,000 hamRiverCoaayPublicSdreob 111 ATTACHMENT Atlacnment a 121 i Project Title : Sebastian Rivet HS Adcttlon Project I : BODODS99032 Planning Zone ; North Area Funding Project Type : New CormbucBon and Additlons .. • •—, Encumbrance as of : 6/30/2008 Total Prior FY F120011 FY2C09 FY2010 Met FY2012 FY2013 LandAcquhmon Planning 8 Design 8215.000: $215A3 Canatnxiton 83,525,080 : 53,W,0L0 Foram & Ecgtenent 31152.a4 5352.5.013 Other Total ' S4,153,500 11.157500 Conrtucion includes Sits Daralopmord OtMrmdudee Cir projects, Ligal Pcwit les, Pmjwd C�4lagerny, Testing, etc. Project Description Cunni ew*1ent and anidpated gmwth in enrollment caps tor• the addfeon of Student Stallone After Project 2183 e permanent dam= Wog at be high school. The Board Kel inane Ott Cep+oiy 8afore: 1833 scope end dm cite addWnn thb year end ruble enanended Y needed. Capacity Atter 2075 Justification anent and project studenttmoitnent wit require a significant even' sten of high scrod seats. Project Saha: Planting Design B1 t Date ; 2008 Caschooden Start Date : 2009 Schedrdad Open Dais : 2010 Coordination_ Rennin i ad mntt Don x01 De mom -bated Win sdro 1 eta; SL John's WCD, maintenance and bulling department etas. Indian Favor County Public 1ohoob ATIACl,,ITI nenAa 122 Project Title : Sebastian River HS Addition Project ID : 9000DS99032 Planning Zone : North Ares PundinD Lard Acqulabon Flaming & Design CorotnrcOOn Fumflure & Equipment Other Total '513,09:L000 Construction Includes Me Development Total Project Type : New Construction and Additions Encumbranco t of : 6P31f2008 FY2010 FY2011 PY2012 Prior FY FY2009 $1,77000 4275,000 11,500t00 510,872.500 13,525,000 17,347.500 435z500 135::500 FY2013 FY2014 $4,152.500 58,1347k° Other Includes CIP projects, Lepel, Portables: Project CoNingencY, Testing et. Pro; t Description Current enrollment and anedpated growth In en/anent cells for the addition d add+lional capacity et the ►Ygh achod. The best xray b configure the swots to create a freshman leaning center, analogous 10 the FLC tally et Vero Beady High School. The Educational Plant Survey calls for nineteen classroom and 4 edence demonsla0an tabs The multipurpose room called for In Ore metier ptm lor sports ectMUes w01 be included In thio freshman learning center project. Justification Cuireru and prated student enrollment MI require a aigrrlcant expansion of high school seau. Sludant Statism After Project: Capacity Before: Cepadty Atter: Project Sixtus: Dalgn Stan Oslo; Construction Start Date : Scheduled Open Day : 2193 1999 2075 Plsnnag 2010 2010 2011 Coordination Plarering and construction sIl be oordnaled MD) ;a loof staff, Si John s WCD. rrraWOnance and bung department statL ln&an River Crony Putr& Oracle B-3 1 ATTACHMENT 5 Attachment 2a Summary of Capital Improvement Program Project - Total Prior to 2011 FY 2011 • FY 2015 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 New Construction New Construction and Additions Fellsmere Cafe. Expan & Clsrm Addn 9,000,000 0 9,000,000 9,000,000 Sebastian River HS Addition 13,000,000 13,000,000 Storm Grove Middle School 45,048,476 45,048,476 Support Services Complex 13,000,000 8,000,000 5,000;000 5,000,000 Traffic Improvement Projects 820,000 0 820,000 820,000 Subtotal New Construction and Additions 80,868,476 66,048,476 14,820,000', 14;820,000 Subtotal New Construction 80,868;476 66,048,476 14,820,000 14,820,000 Comprehensive Needs Modernizations & Replacements Dodgertown Cafeteria & HVAC Replacement 3,512,500 3,512,500 Dodgertown School HVAC 2,750,000 2,750,000 2,750,000 Osceola Magnet Replacement 20,000,000 0 20,000,000 20,000,000 VBHS Freshman Leaming Ctr Renov. 3,150,000 2,150,000 1,000,000 1,000,000 Vero Beach El Replacement 20,174.852 5,174,852 15;000.000 15,000,000 Vero Beach High School Restoration 54,217,750 54,217,750 Wabasso School Renovation 1,885,043 1,885,043 Subtotal Modernizations.& Replacements 105,690,145 66,940,145 38,750,000 18,750,000 20,000,000 Subtotal Comprehensive Needs 105,690,145 66,940,145 38,750;000 18,750,000 20,000,000 Other Items Capital Maintenance Capital Maintenance (buyback) 33,003,030 15,632.180 17,370;850 3,474,170 3,474,170 3,474,170 3,474,170 3,474,170 Capital Maintenance/Hlth & Life Safety 21,984,256 15,084,256 6,900,000 1,500,000 900,000 1,400,000 1.500,000 1,600,000 HVAC Repair and Replace 1,800,000 1,800,000 Indian River County Public Schools III Project Total Prior to 2011 FY 2011 - FY 2015 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 Subtotal Capital Maintenance 56,787,286 32,516,436 24;270;850 4,974,170 4,374,170 4,874,170 4,974,170 5,074,170 Relocatables Relocatable Leasing Relocatable Renovation 24,239,158 1,476,450 19,464,158 1,476,450 4,775,000 775,000 1,000,000 1,000,000 1,000,000 1,000,000 Subtotal Relocatables 25,715,608 20,940,608 4,775,000 775,000 1,000,000 1,000,000 1,000,000 1,000,000 Educational Technology District Technology 10,833,802 7,483,802 3,350,000 1,350,000 500,000 500,000 500,000 500,000 Subtotal Educational Technology 10,833,802 7,483,802 3,350,000 1,350,000 500,000 500,000 500,000 500,000 Furniture & Equipment F,F&E Buyback School BusesNehicles 5,802,962 13,200,330 4,302,962 7,725,330 1,500,000 5,475;000 300,000 325,000 300,000 1,500,000 300,000 650,000 300,000 1,500,000 300;000 1,500,000 Subtotal Fumiture & Equipment 19,003,292 12,028,292 6,975,000 625,000 1,800,000 950,000 1,800,000 1,800,000 Reserves and Contingencies Other Projects District Wide 18,866,409 4,126,172 14,740,237 1,557,403 1,470,949 3,023,591 4,035,969 4,652,325 Subtotal Reserves and Contingencies 18,866,409 4,126,172 14,740,237 1,557,403 1,470,949 3,023,591 4,035,969 4,652,325 Subtotal Other Items 131,206;397 77,095,310 54,111,087 9,281,573 9,145,119 10,347,761 12,310,139 13,026,495 Total Projects 107,681,087 42,851,573 29,145,119 10,347,761 12,310,139 13,026,495 Indian River County Public Schools IV 4 100.03 INDIAN RIVER COUNTY CODE 3-8-11; Ord. No. 2013-001, § 1, 2-5-13; Ord. No. 2014-001, § 1, 1-14-14; Ord. No. 2015-002, § 1, 2-10-15) Section 100.04. Provisions considered as continuing enactments. Any provisions of this Code which are the same or substantially similar to the provisions of the former code shall be considered as continuations thereof and not as new enactments. (Ord. No. 90-17, § 1, 9-18-90) Section 100.05. General penalty; continuing violations. 1. Whenever in this Code any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is pro- vided, the violation of any such provision shall be punishable by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. Each day any violation of any provision of this Code continues shall constitute a separate offense. 2. In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be abated by the county as provided by law. 3. In addition, to the penalties provided by this section, the administrative fines, penalties and liens provided by Chapter 162 may be imposed by the code enforcement board. 4. The provisions of this section shall apply to any ordinance of Indian River County when it has become law just as if this section were in the ordinance. (Ord. No. 90-17, § 1, 9-18-90; Ord. No. 93-9, § 1, 3-23-93) Section 100.06. Appeals generally. Unless specific appeal procedures from rulings of certain employees, boards, or commissions are provided or prohibited elsewhere, there shall be a right to appeal as set forth below by delivering to Supp. No. 107 100/2 the person or body responsible for hearing the appeal a written statement with facts and details showing why the decision should be reversed or modified, with a copy to the person or body from which the appeal is being taken, within the time limits as follows: 1. From a decision of a department head. Any person aggrieved by a final decision of a department head may appeal to the county administrator within ten (10) work- ing days of the final decision. The county administrator shall respond within ten (10) working days. 2. Fnom a decision of a county officer Any person aggrieved by a final decision of a county officer may appeal to the board of county commissioners within ten (10) work- ing days of the final decision. The board shall respond within twenty (20) working days. 3. From a decision of a board or commission. Any person aggrieved by a final decision of a board or commission may appeal to the board of county commissioners within twenty (20) working days of the final decision. The board of county commission- ers shall respond within twenty (20) work- ing days. 4. From a decision of the board of county commissioners. There is no right of appeal from a final decision of the board of county commissioners. 5. Failure to comply. Failure on the part of the appellant to comply with the proce- dures as set forth in paragraphs 1. through 4. above shall constitute a waiver of the right to appeal. Failure on the part of the - appellee to comply with these same pro- cedures shall be deemed a denial of the appeal. (Ord. No. 90-17, § 1, 9-18-90; Ord. No. 2014-005, § 1, 4-1-14) Section 100.07. Severability of parts of Code. This Code shall be severable, i.e, if any part is held to be unconstitutional; the remainder shall remain in full force and effect. (Ord. No. 90-17, § 1, 9-18-90) ArriAtiggInt 443 126 October 9, 2015 Charles R. Wilson, President Impact Fee Consultants 2001 9`h Avenue, Suite 105 Vero Beach, FL 32965 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www. ircgov. com RE: Administrative Decision Denying 12 Applications for Refund of School Impact Fees Based Upon Failure to Encumber Fees within Six Years of Payment [September 28 submittal] Dear Mr. Wilson. On September 28, 2015 as president of Impact Fee Consultants, you submitted to Community Development a total of 12 applications for refunds of school impact fees paid during 2008. The requested school impact fees total $ 19,815.74. Receipts for all 12 transactions associated with the refund request are attached. As noted in previous email correspondence, the Hilbert & Tina L. Curtis (1225 12'h Av SW) refund request does not appear to be signed by the client. Under the April 28, 2005 school impact fee interlocal agreement between Indian River County and the School Board, the County is responsible for reviewing all applications for school impact fee refunds ("Public Education Facilities Impact Fees") in coordination with the School Board. After receiving the subject application, County staff coordinated with School Board staff as part of its review Based upon information received from School Board staff, the Budget Office re -confirmed a prior determination that the school impact fees collected during 2008 were properly expended or encumbered for capital improvements made necessary by new growth and development, and that those fees were expended or encumbered by June 30, 2014, September 30, 2014, or December 31, 2014 as appropriate for any given application. Therefore, school impact fees were properly expended or encumbered within the six year timeframe provided in County Code section 1000.15. Because the school impact fees paid in 2008 for the subject applications were properly encumbered by the appropriate deadlines in 2014, those school impact fees are not eligible for refund. Therefore, the 12 subject refund applications are denied. This administrative determination from a department head may be appealed pursuant to County Code section 100 06 In accordance with section 100.06, this determination may be appealed in writing to the County Administrator within 10 working days. Any such appeal shall include " ..a written statement with facts and details showing why the decision should be reversed or modified". As previously discussed, staff will work to process any appeal in a timely manner so that any related appeals can be heard at one time (one meeting) of the Board of County Commissioners. M:\Impact fee Refunds\School Impact Fees Public Records Request\Charlie Wilson denial of 12 school impact fee refund requests submitted 9-28- 15.docx Attachment 2b 127 If you have any questions, please do not hesitate to contact me at (772) 226-1253. Sincerely, Stan Boling, A1CP� Community Development Director Attachments: 1. Receipts for all 12 Applications 2. Sample Application from SA��tsSubmittal 3. Budget Office Email and School District Communication 4 Excerpts from School Board Facilities Programs 5. Section 100.06 (Appeals) cc• Joe Baird, County Administrator (via e-mail) Jason Brown, Director, Management & Budget (via e-mail) Dylan Reingold, County Attorney (via e-mail) Carter Morrison, School Board (via e-mail) M:\Impact Fee Refunds\School Impact Fees Public Records Request\Charlie Wilson denial of 12 school impact fee refund requests submitted 9-28- 15.docx Attachment 2b 128 Official Receipt - Indian River County CDPR103 - Official Receipt Trans Number j Date i Post Date Payment Slip Nbr 2008080077 i 8/4/2008 9-57 31 AM 8/4/2068 - AR 62449 Appl Name Appl'Stage/Status. RSF First Review Comm./PENDING Address 4610 LIPSCOMB ST NE SUITE 1 PALM BAY FL 32905 Proj Name. ASHLEY LAKES NORTH Type RSF TAZ. 38 Subdiv Nbr 2295 Project Nbr 2008070107 Payor MARONDA Fee Information Fee Code Description GL Account Amount Waived SR6OE SR60 EAST INTEREST SHARE 109036-363111 $436.00 LNDSCP LANDSCAPE INSPECT FEE (RSI2-004032-329020 $45 00 DAPP ; DEVELOPMENT APPLICATION 2-004032-322010 $50.00 i ADIFU ADMIN FEE - UNINC IRC 103036-363292.51 $246 95 CFIFU CORRECTIONAL FAC - UNINC.I1103036-363221 51 $169.98 FEIFU LEIFU FIRE/EMS I F - UNINC CTY LAW ENF I F -UNINC CTY 103036-363223 51 $277 92 1103036-363222.51 $244 66 LIFU - LIBRARY I F. - UNINC CTY 103036-363272.51 $483.26 PBIFU PUB BLDGS I F - UNINC C-rY 103036-363291.51 $205 72 — PRIFU __ PARKS/REC I F - UNINC. CTY 103036-363271 51_ $1462 88 -' i SIFU SCHOOL I.F - UNINC CTY 103-202103.51 $1755 96 SWIFU SOLID WASTE 1 F - UNINC CP(103036-363231.51 $75 42 • I TF105 — TIF DIST HA. IND RIVER COUNT7-102036-363245y a _--_ $5202 00 Payments Payment Code (Account/Check Number i CHECK L 921636 Memo. Total $10655.75 I Amount $10655 75 Total Cash Total Non Cash Total Paid $0.00 $10655 75 1 $10655 75 Cashier/location. BLDMB / 1 UserBLDMB Indian River County CD -Plus for Windows 95/98/NT/2000/XP Printed 9/30/2015 1034 10 AM Attachment 1 Attachment 2b 129 Stan Boling Subject: Attachments: Most Recent School Impact Fee Refund Request RE: School Impact Fee Refund Requests August - September 2015 From: Jason Brown Sent: Monday, September 14, 2015 10:56 AM To: Stan Boling Cc: Dylan Reingold Subject: RE: Most Recent School Impact Fee Refund Request Stan, Budget Office staff has coordinated with School District staff regarding the 28 requests for school impact fee refunds recently received by the County. As you will recall, these funds needed to be encumbered/expended by June 30, 2014, September, 30, 2014, or December 31, 2014, depending upon the date that each individual fee was paid. School District staff has confirmed that as of May 31, 2014, school impact fees totaling $10,501,919.36 had been expended or encumbered on projects "made necessary by new growth and development in the county" (please see attachment) This exceeds impact fee and interest earnings totaling $9,880,340.35 from inception of the school fees (on July 1, 2005) through the end of fiscal year 2012. Therefore, all school impact fees paid at any time during 2008 have been expended or encumbered within the six-year timeframe provided in County Code. If you need additional information or would like to discuss this further, please let me know. Jason E Brown Director — Office of Management & Budget Indian River County Board of Commissioners 1801 271h Street Vero Beach, FL 32960 (772) 226-1214 FAX (772) 770-5331 jbrown(a�ircgov.com ATTACHMENT 4 Attachment 2a 113 Impact Fee Consultants • Fee Agreement between Open Permit Search, Co. DBA Impact Fee Consultants, (the Company) and the client (below) UNAVAILABLE CONFIDENTIAL 4687 ASHLEY LAKE, CIR 32-39=20-00007-0000-00002.0 The Client, as current owner of the property listed above assigns Impact Fee Consultants to act as agent to collect refunds due the client by Indian River County/Indian River County School District. As agent, Impact Fee Consultants is authorized by the undersigned to: 1. Receive refunds from Indian River County and/or the Indian River County School District 2 Deposit refund money to the Impact Fee Consultants escrow account 3. Sign and execute all applications and documents required to recover funds 4. Remit to client 75% of funds recovered within 10 days of receipt There are no fees and no charges of any kind unless funds are successfully recovered! This agreement shall remain in force for a term of one year from this date. If no claim has been filed within one year all rights granted under this agreement shall be void except that any claim that is being processed, under the review by government officials or under appeal to a governmental entity or court shall continue under the tenns of this agreement until resolved The agreement may be extended with written consent of both parties. Client agrees to assist Impact Fee Consultants and shall not seek to delay or interfere in its recovery effort. If a refund is received by the client after the agreement has expired but is collected in whole -or in part as a result of the information or efforts of Impact Fee Consultants, the Client agrees to pay Impact Fee Consultants 25% of the amount received. Client agrees that Impact Fee Consultants shall be held harmless in any dispute challenging the clients authority or standing as current owner. The jurisdiction for any legal proceedings required to enforce the agreement shaii be within Indian River County, Flo 'da and will include all legal fees required to enforce the agreement. For Impact Fee Consultants Charles R. Wilson Date: For Client Print: <r---,c/c.._ £,4' Date: ' �,- Attachment 2 Attachment 2b 130 Indian River County, Florida Property Appraiser - Property Data Base Data Parcel: i 32392000007000000002.0 Owner: ; UNAVAILABLE Site i Address: CONFIDENTIAL, CONFIDENTIAL Mailing Address Address: Address Line 2: City, State Zip: http.//www.ircpa.org/Data.aspx?ParcelID=32392000007000000002.( [+J Map this property. ; CONFIDENTIAL lr CONFIDENTIA L CONFIDENTIAL Legal Description -- Click here for full legal description ASHLEY LAKES NORTH SUB • LOT 2 P8I 19-99 Photos ;:v•14t-g , mi‘ • Click to enlarge. Notes Notes: Property Information _..1 i Tax Code: Property Use: )1' i Neighborhood: Appraisal Date: . . ; 7 (Unlncorp Indian I; I, RiverCounty) - 1 0100 - SINGLE ll !FAMILY - IMPROVED , ,.. . ! 010047.00 - 5 }-{BT iRD-WLKR AV BT r 158/66 1! :4/12/2013 ir i, Secondary Owners :No additional owners found. Click here to view oblique imagery through Bing Maps. Report Discrepancy GIS parcel shapefi/e last updated 9/25/201511:15:46 PM, CAMA database last updated 9/25/201511.58:37 PM. 2 of 2 Attachment 2 9/28/2015 10:56 A M Attachment 2b 131 INDIAN RIVER COUN77' APPLICATION FOR IMPACT FEES REFUND ASSIGNED I.R.C. PROJECT NUMBER. Applicant Infomation UNAVAILABLE CONFIDENTIAL Status of Applicant Applicant is the: Original Fee Payer — Successor of the Original Fee Payer Assignee of the Original Fee Payer _X_ Current Owner / Agent of Current Ower Reason for Refund Request: 6 year period for spending expired. No growth. Not spent on new capacity need. Subject Property Information 4687 ASHLEY LAKE CIR 32-39-20-00007-0000-00002 0 Permit # Project # _ Under penalties of Perjury, I declare that I have read the foregoing application and the facts stated in it are true. ‘207— For Impact ee .nsultants Charles R. Wilson Date. :1 Attachment 2 Attachment 2b 132 Impact Fee Consultan.ts Research and Recovery Specialists' Mr. Joseph Baird Indian River County Administrator Vero Beach, FI. 32960 Dear Sir, Indian River County SEP 2 3 2015 Office of the County Administrator On August 24, and August 28, 2015 Impact Fee Consultants submitted the first 28 refund applications on behalf of our clients. According to the list provided by the County in response to public information request submitted and fees paid by Impact Fee Consultants there are at least 300 similar applications that may be pending. The refund request stated that the reason for the refunds were that there was no growth in the time since the collection of these fees. No growth equals no fee. On September 18, 2015 Planning Director Stan Boling denied the refund requests stating: "School impact fees collected during 2008 were properly expended or encumbered for capital improvements made necessary by new growth and development, and that those fees were expended or encumbered by June 30, 2014....therefore, the 28 subject refund applications are denied". As Agent and on behalf of the applicants, Impact Fee Consultants does hereby appeal the decision of the Planning Director under section 100.06 of the County Code. The reasons for the appeal are In part as follows: 1. No growth occurred in the time period making the expenditure "necessary for new growth" impossible. Simply put no growth...no fee regardless of the time of the expenditure or the reason. As the first responsible officer it was required of the Planning Director to consider more than the accounting and dates of fees but the eligibility of such expenditures. 2. Expenses claimed since 2008 had already been accounted for by previous collections and a carryover of funds. 3. Fees paid in 2008 cannot be used to fund a deficit that existed prior to their collection. Funds are for future growth. 4. There are actually less student stations today than in 2008. Impact fees cannot be used to replace existing student stations, for repairs or for remodeling. 5. Impact fees cannot be used for students that are ineligible to receive those funds. 6. School impact fees are calculated on errant population figures and not "the latest and best data" as required. 7. These fees do not meet the dual rational nexus test or the prohibition against land banking as outlined in case law. 8. State statutes prevent the use of preferential consideration for government 9. It is required that the government prove that the fees were eligible and properly spent. The burden of proof lies with Mr. Boling and the school district, not the applicant and was not proven as required. 2001 9th Avenue, Suite 105 • Vero Beach, Florida 32960 Office 772.492.9086 • Fax 888.822.1310 • www impactfeeconsultants com Attachment 3a 133 It should be further noted that no other issues were used in the denial. Timely filing, agency, form of submittal and all other issues were not part of the denial and cannot be used as an after the fact reason in the appeal. Please advise if this correspondence lacks in any,way with the actions required under the appeals process. We await your reply. President — Impact Fee Consultants Attachment 3a 134 Attachment 3b 135 • Appeal Reason 7: "These fees do not meet the dual rational nexus test or the prohibition against land banking as outlined in case law". Response: This reason implies that the County's Impact Fee program fails to meet the "Dual Rational Nexus" test that courts have determined must apply to all Impact Fee programs. According to the Tindale Oliver & Associate Attorney, the County Attorney, and the School District's Attorney, the Indian River County School Impact Fee Program is virtually identical to impact fee programs in other counties and more than meets the Dual Rational Nexus test. In fact, pages 1-2 — 1-15 of the 2005 impact fee study and pages 3 — 9 of the 2014 impact fee study adequately address this issue. (Attachment 4) Indian River County's impact fee program uses a consumption -based approach to impact fee calculation, assessment, and collection. This approach is predicated on 1) an assumption that each new unit of development generates a modest amount of demand for new schools and other services and 2) a fee fonnulated to capture a pro -rated cost per unit of development based on actual construction costs. This ensures that fees are collected proportionate to development — if there are no units built, no fees whatsoever are collected. Fees that are collected. are proportionate to the impact of the new development. The County reviews fee encumbrance/expenditure information from the School District to make sure that fees are used only for eligible activities. To ensure that the fees are spent on projects that benefit the fee payer, fees are spent on classroom, transportation, and ancillary facilities within the school district and used districtwide. Attachment 3 contains a list of projects undertaken by the Indian River County School District using school impact fees. Those data show that fees were used for proper purposes. • Appeal Reason 8: "State statutes prevent the use of preferential consideration for government". Response: Although it is unclear what this statement is referring to, impact fees are imposed upon and collected from all government development projects just as they are on private sector development, a policy imposed to avoid the appearance of any preferential treatment for government projects. If this reason refers to burden of proof, please see staff's response to Reason 9 below. • Appeal Reason 9: "It is required that the government prove that the fees were eligible and properly spent. The burden of proof lies with Mr. Boling and the school district. not the applicant and was not proven as required". Response: All fees collected in 2008 were spent on eligible activities, and the Community Development Director included documentation of that fact in his letter. With 3 Attachment 4a 138 respect to methodology and allowable use of fees, the referenced impact fee studies have provided technical and documented justification of the fee methodology, calculation, and rate. The County has provided adequate information to meet the burden of proof and no evidence has been provided that shows that proof to be in error. Therefore, based on the evidence presented and in accordance with Chapter 100.06, I have denied your appeal of the Community Development Director's decision. In accordance with 100.06, you have 10 working daysto appeal my decision to the Board of County Commissioners. It has come to my attention that on September 28, 2015, you submitted additional refund requests. As these additional requests involve matters contained in this appeal, the time to file the appeal to the BCC will be tolled in order to allow the matters to be consolidated. Sincerely, �t Josep1 A. Baird County Administrator Attachments: 1. Permits Issued Report Data 2. "Methodology" Section of 2014 Impact Fee Study 3. School District Expenditure Information 4. Excerpts on Legal Issues from 2005 & 2014 Impact Fee Studies 5. Community Development Director's Decision 6. Section 100.06 (Appeals) OFFICE OF. THE COUNTYADMINISTRATOR INDIAN RIVER COUNTY 1801 27'x' Street, Vero Beach, FI 32960-3388 PHONE: 772-226-1408 - FAX: 772-978-1822 4 Attachment 4a 139 Residential New Construction 2008 - 2014 Calendar Year Permits Issued 2008 474 2009 218 2010 2011 2012 2013 2014 Total Permits Issued 237 231 265 346 498 2,269 09/29/2015 Attachment 1 Attachment 4a 1 I 140 Indian River County 1 Impact Fee Update Study technical report includes the final calculations for residential land uses in addition t. on - 'residential land uses It should be noted that figures calculated in this study represent the chnically defensible level of impact fees that the County could charge; howev: , the Board of County Commissioners may choose to discount the fees as a policy cision. In fact, in addition to using the affordable growth fees, the "Staff Recom nded Fees" shown in Appendix K include policy discounts proposed by the India • iver County staff for certain program areas, primarily based on a consideration of ture capital needs. More specifically, these discounts include the following: • Use of full calculated -s for emergency services program area; • Application of 0 -percent reduction to affordable growth scenario for public buildings i act fees for all land uses, . Appli ion of a 25 -percent reduction to affordable growth scenario for parks and r reation facilities impact fees for all land uses; and Suspension of the library impact fees. Methodology The methodology used to update the County's impact fee program is a consumption -based impact fee methodology, which is used throughout Florida. This methodology was also used in preparing the 2004 and 2005 technical reports for Indian River County and is the basis for the current adopted fees A consumption -based impact fee charges new development based upon the burden placed on services from each land use (demand) The demand component is measured in terms of population per unit of land use in the case of all impact fee program areas with the exception of educational facilities and transportation. In the case of educational facilities, student generation rate is used and in the case of transportation, vehicle -miles of travel is used. A consumption -based impact fee charges new growth the proportionate share of the cost of providing additional infrastructure available for use by new growth. Cost estimates reflect the current value of capital assets for each program area (i e., the cost to buy or build the same asset today). In addition, per legal requirements, a credit is subtracted from the total cost to account for contributions of the new development toward any capacity expansion projects through other revenue sources. Contributions used to calculate the credit component include estimates of future non -impact fee revenues generated by the new development that will be used toward Tindale -Oliver & Associates, Inc. Indian River County September 2014 2 Impact Fee Update Study AttaAggnt 4a 141 Indian River County I Impact Fee Update Study capacity expansion projects. In other words, case law requires that the new development should not be charged twice for the same service. Legal Standard Overview In Florida, legal requirements related to impact fees have primarily been establis ed through case law since the 1980's. Generally speaking, impact fees must comply • h the "dual rational nexus" test, which requires that they. • Be supported by a study demonstrating that the fees are proportio : to in amount to the need created by new development paying the fee; and • Be spent in a manner that directs a proportionate benefi to new development, typically accomplished through a list of capacity-addin: projects included in the County's Capital Improvement Plan, Capital Impro -ment Element, or another planning document/Master Plan. In 2006, the Florida legislature passed the "Flo impact fees as "an outgrowth of home rule po services within its jurisdiction." § 163.3180 mostly procedural and methodological li particular public facility type from b procedural and methodological pr already. a Impact Fee Act," which recognized r of a local government to provide certain 2), Fla. Stat. The statute — concerned with stations — did not expressly allow or disallow any ng funded with impact fees. The Act did specify equisites, most of which were common to the practice More recent legislation f.rther affected the impact fee framework in Florida, including the following: • HB 227 in 009: The Florida legislation statutorily clarified that in any action challen; ng an impact fee, the government has the burden of proving by a pre••nderance of the evidence that the imposition or amount of the -fee meets the r quirements of state legal precedent or the Impact Fee Act and that the court may not use a deferential standard. SB 360 in 2009: Allowed fees to be decreased without the 90 -day notice period required to increase the fees and purported to change the standard of legal review associated with impact fees. SB 360 also required the Florida Department of Community Affairs (now the Department of Economic Opportunity) and Florida Tindale -Oliver & Associates, Inc. September 2014 3 Indian River County Impact Fee Update Study Attiingnt 4a • 142 Indian MI/sr County SCHOOL DISTRICT - - TENTATIVE FACILITIES WORK PROGRAM ladlan lino, County SCHOOL C1 T T•. WORKSHEET Thba wore Morin woAtnrol mull EM Raad Out codaRtWay and • paps oopy std and subrnNbd to Ow OW. of Educational P attacks, .4caonl2olly to dtpltal turmoil. as you esosMd it (n01 a tax), prier to liovaalyr 1, 3022, and .3 dab 'traumas .a or duly 10, 3023. aj DW'71R: �> /ndjan River Couni;, Date: et,*.. Coma „1, MAO? PO, w. ..l Decal a0. aa.1" rArba .Ci 2221414,_ -_ _ Y. ctloa 171333 (2). is) /drool d1 1r10t faa)Ihya E - Y.ar work program: d.741Rbn1; Rprn3n , adopfon,.wd amsndnrnt. (2) /REPARATION Of TENTATIVE DISTRICT FACRJTIES VJORx PRDORAM (a) AaAuy, ON It v. 1.01elot of VA doh( wool IAnm wok semi loud doll polos a 144tt, mag Wills N.1 perm 11x1 criers of t0.. •diWrlm. of desk/ repa4 and ebnd.,iatlbn propea num miry to maintain low educational EaaaNbd and aroRlary traumas Pn;.a Louth.. 1.0701 71tN7 1.2. a.A.p Aolast lra3.l 7,V.afdpq Pm►s 10.141 Ora701140 2=40 Cor p.Ca.l •a V[All tOTAt Uh a►b'0' 010/1221Ver 0.110.70 e21A00 swpoo ll7ADt 177J0 7yiJU,,i /VAC U7c d.d /VAC Rarlaw.00 he_oli ro 1/1. 224 2A73A20 /VAC Re/Yaomue Oscoar W2.r1 3.110,01.1/VAC R.M+as 1 Pe4an laird 131NANYvy 7390A20 /VAC 0W$ 2aluohn Ebmwrry 74/0.000 HVAC 14pt.v.w VAN SAW.powvuy 3,0a 0.0 1N.o1 AC Stony Oc0112. Wart. Wow 2..1.2d.n awe, max sopa °r"p. obllcmld. 7730.00 Rods* L.:1$$401n IMe, C al Naiads Fimnia mousse 1, We, CANINIV21.31 aAN Cedld Ablaooc. 1:34214W10e , 1674mD 1,acO 1,As1,403.114)NAV A11laYr alu Tw,lster 7.171200 2105.170 2.111d73 Woo Coon.I P,olo.b 134010WON 3.037,7.4 810. 3.400 3,770,120 ADA *NohowAhI11m10W1e. INNowud Ws. ObIAcIWda (woo 220000 720.005 770.00 74000 14.024 Cbrww.4 ► C• lWIet WA00 1241.02 MAO 11a1.422612 Rovraten DialocfH..1$ dl 300.000 704000 J00,aw Ataml., Cb.sle.. AdAIUA /111 fun a V0.1H2 by pawroAan MAW RabcoOl/s W►p DIpMV//. 3.1112:00 1.120.000 3:20.00 • 2400200 i 7/0,070 lat.= moat 341200 163,020 7WA00 11/0200 774007 2 Ot0A00 1.!00000 l'•337713 7120.011 33/0173 14.27247 3 329'100 4=1000 144$7.741 MAO 780100 'xi aro 10!100 70,:00 360.011 100JG0 100200 103003 300400 200.00 1304070 Mom 130.000 130.000 31133200 1 I4M.1 a.. Cony TALI 111442 11.72417$ 1 ,771.173 171st 1 411/0,e71 7 Aoak 7daM u2110 bi,i.npIn K-12 to snow* lM ivutabit4y 2><utYinlory7Wd.nlabtlodu �for thr p111)•�add ala0alR enroYment b 1412 propnma SCR47041 SAWN rayon VISOKO s0. 7aae+a 7>AM17 NAV/ lLM1U. a Woo/ tiudpot Plopstad Cast hW.mw C Cost Pm actedCar I .M 7 TAt Hee* Centel M. Cl.. C• OACovey/no boo te11.003,0301►OMAN R/ AD71f10113 • 14'000'000 1000.030 Add LAafaun RA„ MAA &:ad n0.0110 3177J44 A2•1111= 2•14412A 1.r Midas2eliael 833.000 4.141030440/1 IR4tl1 120241 CA710111202PLACMBRI mrnC7 14.2Lrn1►M. %Gm..a.W ATTACHMi hn nt 4a 143 wor•.flfe.. _ -_ •••••:+0.v.1 Summary of Capital improvement Program New Centiwdbn Prior t0 FY 2006 • ' FY FY FY FY F Pra Oct . _Total 2006 FY 2010 ---- New Co0eVvo0mn and Addltlona Nevi Uwty liapnu WPM C44431Arm C aebrol'C' thio Road Ani HS ABB) r ir6eilan R ri 118 455533 t1��toL I N Cyct on 077,8 AddIt om Modtd'Ca:uroomr 11odu1t Cheuoom Addi&ms Se 5441310 Roy Mb Meek Who Addldn 8ubtbt4l Modu ar Clueroome 51k Aoq dstben 81. Acgri�an O.; bleidigACenneNan Subtotal New Con ebuot)on 2003 2 2010 18,925,00 15,607,4W 1,126040 i 1.,105500 0 0 07,525A00 0 57,525,057I 81,775000 1,152,600 0 4,152400 178,000 7ed0�SOG',� i5A0opo0 ..e7;�0Q?pp ' 245,1mi000. 1,2/5,600 4,550,600 1795,000 e,i oo.6o6 _ 140roo00 88,397,500 20-{000 .l.049000 0,045,000 0 1,850;003: 428,000 /,425,00,0 iogboo _ a —0000i -0;34,00 4121 l`oe o 15,70,000 15,000,/70 15,70,000 6.1,617,6001 72,141,030 10,762.800 2,750,Ooo 3.877,500 Com)reherdve Needs tiodemt2Aon1 i ReFiacrments Dodprovm 031145114 Replaarstel =ad AIYrdM School ovtard MS Oraaarlum Needs Unmeant Roe rwocd MnMpupnw Roam VBNS FieErna leamtle 51r Ranov. Vac 546111V School Restanatlon Wabesao kited Mee Itt Men 0 0 0 0 Qub 1,3_1A anIsebo e 1 Rnplac� to• ed n en 975,730 7,888,00 6,000,750 1757,371 1,072,885 862,500 60,717,760 50,000 71,297 o 870000 25,000 815,000 7,860,010 7,966,040 5,107,000 900,760 800,750 788,600 2,880,671 671,551 555,157 880,107 82,486 12,442 0 112.600 600,600 82,541 817,710 11,800,000 16,000,000 20,100, 0 50,000 60,000 687,880 600,825 511,035 11,700,000 '1,47/,747 63,732,182 tndkn Myst County Pub0o!ehcofs 20,185,182 21,70,,891 ►&207110 muse cape 111 Attachment 4a ATTACHMENT 3 144 Summary of Capita! Improvement Program V Prior to FY 2007 • I FY Fy FY Fy FY_. Project Total 2001 FY 2011i 2001 2008 New Construction > • —2 ..• . - _ 2008 2010 201! HawCoast:WienendAdditione -' -- -` - , . _ EYerrtttr7 :'rJ'• 1� 1, I 1aAX1 n?; I,u1:0-,:,..- — Eer�Mey Si:x": r 1 i 7,vl:; i3 11-: J'.,�--i 0 18,1730.410 i 7 Mae tlbed7 51,; 7.1 E. 11,11-%!,T, 1 17,,3,014 1, Car r, NW Wdd•, &Int' (889 i 0510 Raid A,sa Ns (6881 35 ^:a" 36,004000 , 00 G,0'),000: 0 70.05000: 70. 701 000000 Wafts, F14;0788 Ack103 5227.6Si i 1950,000 Ulf, 03 i 3,877,800 anal 4r F::..7 _ MAC I 0 _ 523,000: 325.000 Subtotal Now Constructlnn end Addf 461,8 43411-iy.7d�6j17... ti! 440,!93 606 1i 060.000 Nodular _ - — �--;._ ._... - i _ -abit_ _ _ 0 /7000,690 600; .x ' 5220o0 _ - - - — - Seba: an 1114 it Was Mira! 4.5504;.:: .,..._.----._. _.._ @5,009 4,12:400)! 4,125,000 .. _.. _ I6.odulerCteearoome ...-- - -14M°! _ _ ,t:sym +.nseou: 1.426,,99 ..._ ._ ......_..,._. _ Ski Acqulswa, maAtiltj-n _ t7,:56,10 14 150 1 _._._; _ ', _ ,55% ,;100,000 2.500,000 — _." _ _ S�QjetalViaAcrarlsNlon_ - - -- - -....-17 150'• 156 -.. DOG .`. �••.--._ • _.. — .�,�?--- _iso - - _ . Subtend Hew Construction __ 1:6A?ltip/ - 34,911,154_151,127,500. �116,t27,50p 17,000,000 - •' 0 11,000,000 Comm/Melva Needs- — - - Mode relations 1 Ropiecamente CauN7OfFcTwat ., 1'.•{iv; 0 1,600,00' 1,500000 -.. - - - Oods rtow• GL-te a lL:p., ...... • 1,5125:n. 62,500 1.454000 % 1,450,000 ESE Ii. 4 d+Cw, b, e > 1.30 3';' 714 I 40)44 381,0001 60,00 64000 60,000 80Aoo 80,000 kenpn ,• c.7153 Y: 1,341,464 4,191,681 ; 696.000 170420 snoyz 977,810 1,095.169 G91otd M. 4 r • ti. • , G:6ad A1..-,7 , -eP_m ,1 : :.40 0 .,,131,050 loam at/ Coteip•Put* Schools 111 Attachment 4a ATTACHMENT 3 145 Summary of Capital Improvement Program Prier to FY 27108 • FY FY FY FY FY HowConelnutio — Pro ct Total 2045 FY 200 ' 2448 2018 2010 2011 2012 MtwConatrvo6on and Add(Uora FJsnmmy Sanot 1r' t3.reaatry School •n wv LOA/1y Wpnr ES hr,. Scbod(B6) OM Boal ke. HS (Ree) 8atosh ri liver NS:45w aab:s*Dt 7iw Ir$ 9-10011 Faddy Shiro Nal Fe y u6tOtd 130wCavtrudlan and.rldlyofu t5odultr.taasneoms 0,6,61, C7rnwan AQd4br1. 5.26516n Rho 1 hSda Month Subtebi 6104y1ar Classrooms glia Aogudat9oa S5a Ac risa or ACM= 1 0 10,00460 ,soco.00° 17,06,044 11. 14044 46.646,476 L9,645.476 45-04179 204000 room 6877,500 6,577,500 6,744401 1258100 6,841091 955,091 5.0,755-00 325.(5 376.000 i12674j;T1f.1 uB:G__ 45,37e0 4401;10 S,BTE,iGo -1'-606,05-0 976000 ' 660,00 -175-000' 1755-00 4.130.031 MIX X511,000 6,14,0/0 /75,1150 03.050 du'Aatal e(:r AmmaWon 61AAteul ihw Cooatrurlbn Ce_rettansivo Moods 30.55&60 30.•56,150 149224.11 17,054150 17.600,02) 6041000 1,500,000 1.760,1)2) 2,15,000 2,450,000 17,555,150 11.14100 11660,000 1,500.000 1,7,000 1.100,000 115;00.1 4111,101 11,1.4417I 62,•71,107 7,375800 u70,010 2:1005-110, 1,44000 biedetNmeeaa L Replocamanb Carty CObe Tramit Dccipkrn CAW/ 7bpbwraset ESE FOrar:9m m Laasae Sp;as Forfar) *15 50-10001 011ord ABw,athe Eckel 1.60460 1,55,60 3812.65 67,600 * WOO 6 3611,744 15744 36460 7.475-466 1,657,164 :.001.01/1 • 7.989.010 1,940:0 0 250,000 00,000 719,520 1.06„05 60,000 679,062 60.000 5402) 077,130 1.065,189 1.263.120 Indian Rive Coo Public Schoch Attachment 4a t CKMENT 3 146 Projact TltJe: Sebastian River HS Addition i-srojed ID : C000DS99032 Planning Zone NOMA/ea ProJed Type : New Construction and Additions Encumbrance as of : 8/30P2007 5-8 , Funding • – • — — - – - —. icial" .. . i Planing & s19n :275,010 VA= Coretrudice i5,23r,a10 11475 D&S,525.000 Forratun & Equltansnl Otter I 13Q500 ssszren Total ts.127,sca St.950,030 83,I77,6:o Cd Irairiet SaibirsTio-p-sani • Otite71;riu—cia-Ctl, , ' _ _ _ . . . _ ! , . ! 1 1 i tTTETJ Project Dann ;ciirrWielliiiri;;;ki we ant kipgrowth In enrollment G4i3 ICI 61 mimic; a i a pernanen1 classroom wirt2 at le 119h Wool. 11 b antkEpated that Ena Batiks WI be ascii as a Rahman Laming Center, and wat bride ricstroorn as eel as 81419 !whiles. Justification 4aralon Is student poeilatiset in north county:a-J the aucsOcnit value of the use of the frasarnan kerning carter concept. Steens Below After Proite CapackyEatoni: CapaSty Mac roject Was: DisIgn Start Dab ; Construction Slut Deft: Widths' Open Oats : 266 133 2273 Ftennitig 2007 2007 2008 CoordinbUon 'piinTini rid W ache:Ci WCD, matnisnarce�01 bp depetittant stat tadian few County evhfie Wroth Attachment 4a ATTACHMENT 147 Impact Fee Consultants 10/26/2015 Notification of Appeal: Dear Sir, Please accept this notification of appeal of the decision by a department head of Indian River County as outlined in Section 100.06 of the Indian River County Code and the subsequent denial by the County Administrator for the same reasons. Community Development Director Stan Boling denied requests for refunds from 12 individuals submitted by Impact Fee Consultants. The reason stated for his denial is that the School Board had already spent the money. The reasons Impact Fee Consultants believe the ruling is in error include but are not limited to the following: 1. The reasons for the denial were identical to the denial of 28 similar requests pending. 2. In an email from Community Development Impact Fee Consultants was asked and subsequently agreed to combine the two groups of refund requests to be heard by the County Commission atthe same time. 3. The reasons for appeal are identical for both groups and have been submitted Thank you for your consideration. Please accept our request to appeal to the Board of County Commissioners as outlined in 100.06 and place on the agenda for consideration on November 10th as agreed. Cordially, Charles R. Wilson Impact Fee Consultants Attachment 3b 135 BOARD OF COUNTY COMMISSIONERS October 5, 2015 Mr. Charles R Wilson. President impact Fee Consultants 2001 9`11 Avenue, Suite 105 Vero Beach, FL 32965 Dear Mr. Wilson. i have received your recent correspondence appealing the Community Development Director's September 18, 2015 decision denying refund applications submitted for school impact fees paid in 2008 (Attachment 5) it is my opinion as County Administrator that denial of those refund applications was appropriate. With respect to specific issues raised in your letter, I offer the following responses • Appeal Reason 1: "No growth occurred in the time period making the expenditure "necessary for new growth" impossible. Simply put no growth...no fee regardless of the tine of the expenditure or the reason. As the first responsible officer it was required of the Planning Director to consider more than the accounting and dates of fees but the eligibility of such expenditures." Response: With respect to impact fees, "growth" refers to development as indicated in Impact Fee Ordinance sections 1000.03, 1000.04, and 1000.06. According to County records, in 2008, 474 residential building pen -nits were issued in Unincorporated Indian River County and Vero Beach alone. From 2008 — 2014, 2,269 residential permits were issued (Attachment 1). Growth and development did occur during the subject time period. That growth generated student demand, which was calculated in the form of student generation rates and factored into the school impact fee rate, as technically justified and presented in impact fee studies conducted for the county • Appeal Reason 2 and 3: "Expenses claimed since 2008 had already been accounted for by previous collections and a carryover of funds. Fees paid in 2008 cannot be used to fund a deficit that existed prior to their collection. Funds are for future growth." Response: With respect to both of these issues, there is no deficit being addressed through impact fee rates or collection. This point was specifically addressed by Tindale Oliver & Associates (the County's impact fee consultant) at the September 11, 2014 School Board meeting that you attended (see workshop video at 10:51 AM and the 11.49 AM marks). Since the County has adopted a Consumption -Based fee formula (see response below for a more detailed explanation of what this means), impact fees are collected continuously. Because school facility construction is substantial in nature, it is 1 Attachment 4a 136 inevitable that a balance will accrue until a major capital project is undertaken; at which time the balance will fall. This is substantially different from running a surplus and running a deficit as implied in the letter. Simply put, fees are collected in small increments, are accumulated for projects, and are encumbered/expended in batches to fund projects. School project data were included in the Community Development Director's letter. • Appeal Reason 4: "There are actually less student stations today than in 2008. Impact fees cannot be used to replace existing student stations, for repairs or for remodeling". Response: With respect to permanent student stations, this reason correctly asserts that "impact fees cannot be used to replace existing student stations" but incorrectly cites the total number of student stations districtwide as evidence that fees were used for replacement. In response to this issue, Tindale Oliver and Associates has stated that. although the District has capacity available countywide for future growth, there are certain schools that are above capacity. With the Class Size Reduction Amendment requirements, School Districts are not able to exceed a certain number of students per classroom. Given this, there may be needs to add classrooms or schools in certain sub- areas even though there is additional capacity available at another location in the county. • Appeal Reason 5: "Impact fees cannot be used for students that are ineligible to receive those funds". Response: Information from the School District confirms that school impact fees have been used solely for construction of classroom, transportation, and ancillary facilities relating to the County's public schools. As such, fees have been used only where increases in students have required use of those funds to provide needed improvements, including projects such as the Sebastian River High School freshman center addition and the Fellsmere Elementary School expansion. (Attachment 3) • Appeal Reason 6: "School impact fees are calculated on errant population figures and not "the latest and best data" as required". Response: As has been explained earlier to Impact Fee Consultants, the Impact Fee is not based on staff's estimate of future population. Simply stated, it assumes demand is generated by each unit of development, and a proportional fee is assessed on each unit to cover that demand. In this way, staff cannot overestimate or underestimate population — if there is no growth, no fees are collected (See the discussion below regarding Consumption -Based Impact Fees). This "consumption based" method was used in the 2005 impact fee study and was explained and justified in the "methodology" section of the 2014 impact fee study (Attachment 2). 2 Attachment 4a 137 Summary of Capital Improvement Program P11ot to FY2009 • FY FY FY FY FY P7ckct 1'0�l 2009 FY2013 2 2010 2011_ . 2012 2019 ttev Conttnetlon New Construction and Addition AbdnYttGon folk 13p04000 a 13.000,006 11000,000 Serruntery 16,000.000 0 14000,000 Welt 5dloelIS5 45,043A75 46,044476 Oslo Road Ana HS (880) 200000 100,000 Pkn^lo 6 OperalOO•a Replaoemeot 12,004000 0 12000,000 12.000,000 SrSetri Rear HS Ads 1on 4,152,500 4,157.500 Sebettn Wow HS bark Fact 4049,451 2.124,491 5276,0:0 5,674,000 Sebastian Mar Mott Addtr. 4050103 4,55000 Suyntal Nov Contraltos and Additions 173,I00.,ii7 sa,125A67 64I14000 AMOCO 6 0 1003,0790 Modular Classrooms AtemedretAdat Ed Aware 200,000 0 570,000 200,000 Sublolal Uodular Classrooms ?p0 906 0 .'ppppj "it4i8O- 38a Aecutoltion —" Sas u6ltwr 34556,150 s 23656.150 2500,03: 1.500.000 1.500600 1,600600 1.500,000 1,500,000 ✓ ystsbok Aa uWtlon 3obst,ltio _ 23.0!6,110 1 - 1._ . •.- 9 . _ __ 3_. 1,200100 1,506.50o '1600.00E 1,600,07)) 13091 Subtotal NhWCoubac0on 155756,117 79,111,117 6e,6r1e00 32,674004 1,549,600 1,600,000 t9,S0p,028 1,504047 i 1$000.000 Compraharwl a Needs LiodanhalIona a Rap/saemartc DosDoospas Ca60tda 6 HVAC Replacsrnat 3.511.600, 2.512.500 1.003,4X0 1,000400 Fondue aadEOmani 4866,304 2616.984 60161201 1,179,520 1,129.620 1,095 489 1,265420 •,326991 oseeda lagnet R.Olaora4 24000,00 0 20020,023 1 20000,000 WAS Fredman triols:0, Ronw 3.160,00) 20,1100 5,130,000 I 134000 3.0.7401!0 Veo Belch 63 RigiueakN 24000.000 0 240040001 20,004000 vs. BeaaA WO Salved Rastors6on 54,217,750 60,717,750 3,6040701 3.500.000 6ndbn NW Lowy PIA* tahoob 111 Attachment 4a ATTACHMENT 3 148 Project fitle : Sebastian River HS Addiibrr Project ID ; BDOODSBB032 Planting Zone : North Area Funding Protect Type c New Construction Adilbn�.sr--•-- l�a Encumbrance ae of : 6/3D/2008 Total Prior FY FY2008 FY2109 FY2010 FY2011 PY2012 FY2013 Land kcru on Planning A Design 1275.000 9775.0p CavLudim 23,575.000 S2,325,UCe Furrirun S Eputoawnt S752C, 135Ii00 Other Total Se. 152,300 PAW 5o0 Constuctlm includes See Development Other includes CP projects, lege) Potables, Pnjed Cwdiogency, Testing, etc. Project Description Currant ewoMtent en & pated grovrah hr enron:tent tees for Bre 'WilcoG Student 844fana After Project 2189 a corneae -It damn= 4 g at the high school The Boar MI Andra On Caps *y Wore: 1833 :bite end gm of Ae eddtdon ads yen and bads emmended W needed. Capacity Attar, 2075 Justification truant 6,0 project student emoftnent wit repute a agedant ensans m of high scrod sesta. Project 8teha: Ptanrda9 Design Ran bete : 2000 Conabuctien edit Oates : 2D09 Schield •d Open Date : 201D Coordination kenning and cautruabon aci be 000rdlnated wzn school Stan, SL John's WCO, rtWNenr.ree nes bu&dtag department etalI. A'rdPan NW" Cony Pub& &lamb t I Attachment 4a ifirrAcHriErr 3 149 Project Title : Sebastian River HS Addition Project ID : 9O000S09O32 f9annIii zone : North Area Fundlny Project Type : New Construction and Additions Encumbrance as of : 6/30/2O0E FY2010 FY2011 PY2012 Toto' Prior FY FY2009 Land Acq ial1 on P'arvrhgiDeeipn 51,775.000 5275,000 51500/03 Cuonetrc5on $10,672500 53,525,000 57,347,500 fum2lrw 8 Equgmenl 5952,500 5952,500 Other Total S19,1:00,000 54,152300 56547,5J0 Conitnrcrmn Includes She Development FY2013 FY2014 Ober Includes CIP protects, Lepel, Portables. Project Contingency, Testing, at. P%s,t Descrlpilen Current enmlm.rt andan&dpated growth In erlrokmert cans for tie adrition additional rapady of the hIgh schhod. The best way to conEguie the space. is to aeste a freshman Ieartang center, anabgow le the PLC facility al Vim Beach High School The Erigationsi Rant Survey cans for nineleen ctassroams zr d 4 silence demonstration labs The multipurpose room called for In the master elm for sports ectMlIes w21 be included in this freshman learning center guaiac. Jusifficatlon Curare and project 5ludent enrollment wV require a significant expansion of NO school stets. Student Stations After Projtce Capacity Beim: apathy AMr Protect Statua: Dsslgn Start Ode : Construction Start Batt : Schoch/0d Open Oats : 2183 1B33 2075 Planting 2010 2010 2011 Coordlnillon Pn alnioname a baking e cornitniction t `4)h adwo! waft, St bhn colt s wCD. ruttish Rimy County Pub& Wooly i ATTAcrietitre34a 150 Summary of Capital Improvement Program Project j_ Prior to Total 2011 FY 2011 - FY 2015 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 New Construction New Construction and Additions Fellsmere Cafe. Expan & Clsrm Addn 9,000,000 0 9,000,000 9,000,000 Sebastian River HS Addition 13,000,000 13,000,000 Storm Grove Middle School 45,048,476 45,048,476 Support Services Complex 13,000,000 8,000,000 5,000:000 5,000;000 Traffic Improvement Projects 820,000 0 820.000 820,000 Subtotal New Construction and Additions 80,868,476 66,048;476 14,820,000 14,820,000 Subtotal New Construction 80,868,476 66,048,476 14,820,000 14,820,000 Comprehensive Needs Modernizations & Replacements Oodgerlown Cafeteria & HVAC Replacement 3,512,500' 3,512,500 Dodgertown School HVAC 2,750,000 2,750,000 2,750,000 Osceola Magnet Replacement 20.000.000 0 20,000,000 20,000,000 VBHS Freshman learning Ctr Renov 3,150,000 2,150,000 1,000,000 1,000,000 Vero Beach El Replacement 20,174,852 5,174,852 15,000,000 15,000,000 Vero Beach High School Restoration 54,217,750 54,217,750 WabassoSchool Renovation 1,885,043 1,885,043 Subtotal Modernizations & Replacements 105,690,145 66,940,145 38,750,000' 18,750,000 20,000,000 Subtotal Comprehensive Needs 105,690,145• 66,940,145 38,750,000 j 18,750,000 20,000,000 Other Items L Capital Maintenance Capital Maintenance (buyback) 33,003,030 15,632,180 17,370,850 3,474,170 3,474,170 3,474,170 3,474,170 3,474,170 Capital.Mainteriance/Hlth &Life Safety 21,984,256 15,084,256 6,900,000 1,500,000 900.000 1,400.000 1,500,000 1,600,000 .HVAC Repair and Replace 1,800,000' 1,800000 Indian River County Public Schools 111 Indian River County 1 Impact Fee Update Study or a retired couple, etc. and at other times, a family with several children. The fees are calculated based on the average impact (occupancy) of a home or another land use over its lifetime. • In the case of tiered fees, such as single family residential, office and retail, a different fee for each tier is calculated to reflect the incremental increase in impact on facilities among land uses. This tiered approach increases the fairness and equity among land uses by differentiating the impact of different size buildings on a per unit basis. Any given increase in building size should be charged additional impact fees in order to reflect additional impact on facilities, if applicable, in order to maintain level of service standards and to ensure that existing residents and businesses are not unfairly bearing the burden of new growth. Timing of Fee Payments • Impact fees are typically collected at the building permit stage, which is also the practice used by Indian River County. This allows the County to plan for and build infrastructure needed to timely serve new growth and to effectively coordinate impact fee collections between the County and the municipalities. Fee Schedule Updates • Impact fee calculations should be updated every three to five years to ensure the fees are based on current data. This approach is useful in recognizing more permanent changes and trends as opposed to varying the fee based on short-term fluctuations. Alternative Studies/Individual Assessments • The County's impact fee ordinance currently outlines a process for alternative studies (individual assessments) for determining traffic impact fees when a proposed land use is not expressly included in the fee schedule. The primary considerations for alternative studies (individual assessments) include the following: n The focus of the alternative studies (individual assessments) is the demand component of the land use, which is the subject of the alternative study. Cost and credit components are calculated based on countywide facilities and investment levels and are not the subject of an alternative study. o The study should clearly identify the differences in the demand component of the actual use and the closest land use category in the fee schedule in order to verify the actual impacts of the proposed land use over the life of Tindale -Oliver & Associates, Inc. Indian River County September 2014 8 Impact Fee Update Study Att EPAgnt 4a 17/ Indian River County 1 Impact Fee Update Study the use. For example, if not included in the fee schedule, a retirement community may have different demand characteristics than the average single family subdivision. However, this community must be restricted (with the County as a party to or having confirmed that restriction) for a different fee to be calculated for a retirement community. Without such restriction, the retirement community, in this example, could change to other residential uses over time, creating a different impact on the community. o Land uses included in the fee schedule table have impacts on public facilities that have been widely documented for impact fee purposes. For example, in the case of traffic impact fees, there is a large sample of trip characteristics data on single family subdivisions located in Florida. Therefore, an alternative study (individual assessment) for a specific single family subdivision is not needed or appropriate to establish the level of impact single family homes have on roads. Trip characteristics data already include a range of travel characteristics and eliminate outliers prior to using an average travel demand representative of the land use category. This approach verifies that there is a "reasonable connection" or "nexus" between the impacts of each listed land use and the calculated fees. o For all program areas, the demand components (measured in terms of persons per unit or students per unit for categories other than transportation) should be studied when either the proposed land use is not listed or the applicant demonstrates that the impacts of the proposed use are significantly different than those captured in the study. The current data that support the non -transportation impact fees are based on Census data for Indian River County or student addresses matched with the land use type from the Indian River County Property Appraiser database for residential land uses. These data are representative of average local development and are the most current data available. As mentioned previously, a study would be appropriate only when the development type is completely different than the land uses included in the fee schedule and this difference can be maintained over the life of the development due to its nature or through legal restrictions. o Individual assessments should be generally consistent with the methodology used in this study Tindale -Oliver & Associates, Inc. Indian River County 9 Impact Fee Update Study September 2014 Attmoodnt 4a 173 1 September 18, 2015 Charles R Wilson, President Impact Fee Consultants PO Box 651114 Vero Beach, FL 32965 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www ircgov corn RE Administrative Decision Denying 28 Applications for Refund of School Impact Fees Based Upon Failure to Encumber Fees within Six Years of Payment [August 24 and August 28 submittals] Dear Mr Nilson On August 24, and on August 28, 2015 as president of Impact Fee Consultants, you submitted to Community Development a total of 28 applications for refunds of school impact fees paid dunng 2008. The requested school impact fees total g 47,91 1.11. Receipts for all 28 transactions associated ' with the refund request are attached. Under the April 28, 2005 school impact fee interlocal agreement between Indian River County and the School Board, the County is responsible for reviewing all applications for school impact fee refunds ("Public Education Facilities Impact Fees") in coordination with the School Board. After receiving the subject application, County staff coordinated with School Board staff as part of its review. Based upon information received from School Board staff, the Budget Office re -confirmed a prior determination that the school impact fees collected during 2008 were properly expended or encumbered for capital improvements made necessary by new growth and development, and that those fees were expended or encumbered by June 30, 2014, September 30, 2014, or December 31, 2014 as appropriate for any given application. Therefore, school impact fees were properly expended or encumbered within the six year timeframe provided in County Code section 1000 15. Because the school impact fees paid in 2008 for the subject applications were properly encumbered by the appropnate deadlines in 2014, those school impact fees are not eligible for refund. Therefore, the 28 subject refund applications are denied This administrative determination from a department head may he appealed pursuant to County Code section 100 06. In accordance with section 100.06, this determination may be appealed in venting to the County Administrator within 10 working days Any such appeal shall include "...a written statement with facts and details showing why the decision should be reversed or modified" M:vmpact fee Refunds\School Impact fees Public Records Request\Chadic Wilson denial of 28 school impact fee refund requests.docx Att fl ,t 4a M:\Impact Fee Refunds\School Impact Fees Public Records Request\Charlie Wilson denial of 28 school impact fee refund requests.docx AttARr int 4a 174 1751 BOARD OF COUNTY COMMISSIONERS October 27, 2015 Mr Charles R. Wilson, President Impact Fee Consultants 2001 9`h Avenue, Suite 105 Vero Beach, FL 32965 Dear Mr. Wilson. I have received your recent submission (see attachment #1) and accepted it as an appeal of the Community Development Director's decision to deny your request for 12 refunds of school impact fees (see attachment 2) As indicated in your recent submission, your reasons for the appeal are identical to the reasons provided for 28 similar requests previously appealed and pending Board of County Commission consideration. It is my opinion as County Administrator that denial of the 12 subject refund requests was appropriate With respect to specific issues and reasons raised in your previous appeal and attached to the subject appeal, I offer the responses contained in my October 5, 2015 letter to you (see attachment #3) Therefore, based upon the evidence presented and in accordance with Chapter 100.06, I have denied your appeal of the Community Development Director's decision. In accordance with 100 06, you have 10 working days to appeal my decision to the Board of County Commissioners It is my understanding that you will file an appeal of this decision as soon as possible so that an appeal of this decision and a pending appeal can be brought as one matter before the Board at its November 10, 2015 meeting. Sincerely, =71 `s; ;<' Joseph A Baird County Administrator Attachments. 1 Impact Fee Consultants Notification of Appeal dated October 26, 2015 2 Community Development Director's Denial letter dated October 9 2015 3. County Administrator's Denial letter dated October 5, 2015 cc Stan Boling. AICP Jason Brown Dylan Reingold OFFICE OF THE COUNTY ADMINISTRATOR INDIAN RIVER COUNTY 1801 27th Street, Vero Beach, Fl 32960-3388 PHONE: 772-226-1408 - FAX: 772-978-1822 Attachement 4b 177 Impact Fee Consultants Notification of Appeal: Dear Sir, Indian River County OCT 292015 Office of the County Administrator 10/28/2015 Please accept this notification of appeal of the decision by the County Administrator of Indian River County as outlined in Section 100.06 of the Indian River County Code. Community Development Director Stan Boling denied requests for refunds from 12 individuals submitted by Impact Fee Consultants. The reason stated for his denial is that the School Board had already spent the money. The County Administrator has upheld the denial. The reasons Impact Fee Consultants believe the ruling is in error include but are not limited to the following• 1. The reasons for the denial were identical to the denial of 28 similar requests pending appeal. 2. In an email from Community Development Impact Fee Consultants was asked and subsequently agreed to combine the two groups of refund requests to be heard by the County Commission at the same time. 3. The reasons for appeal are identical for both groups and have been submitted Thank you for your consideration. Please accept our request to appeal to the Board of County Commissioners as outlined in 100:06 and place on the agenda for consideration on November 10th as agreed. Cordially, Charles R. Wilson Impact Fee Consultants Attachment 5b 179 4 PURPOSE AND INTENT § 1000.04 CHAPTER 1000. PURPOSE AND INTENT Sec. 1000.01. Sec. 1000.02. Sec. 1000.03. Sec. 1000.04. Sec. 1000.05. Sec. 1000.06. Sec. 1000.07. Sec. 1000.08. Sec. 1000.09. Sec. 1000.10. Sec. 1000.11. Sec. 1000.12. Sec. 1000.13. Sec. 1000.14. Sec. 1000.15. Short title. Authority. Intent and purpose. Findings. Severability. Imposition. Exemptions and credits. Computation. Payment. Trust funds. Use of funds. Donations in lieu of payment. Review. Appeals. Refund of fees paid. Section 1000.01. Short title. Title X shall be known and may be cited as the Indian River County Impact Fee Ordinance. (Ord. No. 2005-015, 5-17-05) Section 1000.02. Authority. (1) The board of county commissioners has the authority to adopt this title pursuant to Article VIII, Florida Constitution, and F.S. chs. 125 and 163. (2) Whenever any provision of this title refers to or cites a section of Chapter 125 or Chapter 163, Florida Statutes, it shall be deemed to refer to those sections, as amended. (Ord. No. 2005-015, 5-17-05) Section 1000.03. Intent and purpose. (1) This title is intended to implement and be consistent with the county comprehensive plan. (2) The purpose of this title is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of the capital expenditures necessary to provide emergency services facilities, correctional facilities, public buildings, law enforcement facil- ities, library facilities, solid waste facilities, park and recreation facilities, public education facili- ties and traffic/transportation facilities in the county. (Ord. No. 2005-015, 5-17-05) Supp. No. 107 4 Section 1000.04. Findings. The board of county commissioners makes the following findings and determinations: (1) The existing emergency services facilities; correctional facilities; public buildings; law enforcement facilities; library facilities; solid waste facilities; park and recreation facilities; public education facilities; and traffic facilities are not sufficient to accom- modate anticipated new development with- out decreasing the existing levels of ser- vice of those facilities. (2) Measurable level of service standards used for impact fee calculation purposes are established in this ordinance for each of the above listed public services. (3) Existing revenue sources are not suffi- cient to fund all capital improvements necessary to accommodate new develop- ment. (4) New development creates an increased need and demand for services and facili- ties and therefore should contribute its fair share of the costs of providing new facilities necessary to accommodate new development. (5) Impact fees provide a reasonable method of ensuring that new development pays its fair share of the capital costs of public services and facilities necessary to accom- modate the new development and new development will derive a substantial ben- efit from facilities funded by impact fees. (6) The revenue received from the impact fees set forth in this chapter shall not be used to correct existing deficiencies. (7) The impact fees set forth in this chapter establish a fair and conservative method of assessing new development its fair share costs for capacity producing capital im- provements. The board approves and ac- cepts the underlying studies as a reason- able basis for the fees. (8) The impact fees set forth in this title will not fully pay for the costs of capital im- provements necessitated by new develop - 1000/1 ATTACHMENT 8 18 § 1000.04 INDIAN RIVER COUNTY CODE ment, and the county recognizes that the shortfall will have to come from other revenue sources. (9) The administrative charges set forth in this title are reasonable and necessary charges in order to efficiently administer the duties mandated by this title. (Ord. No. 2005-015, 5-17-05; Ord. No. 2014-016, § 1(Att. 1), 10-14-14) Section 1000.05. Severability. If any section, phrase, sentence or portion of this title is for any reason held invalid or uncon- stitutional:by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this title. (Ord. No. 2005-015, 5-17-05) 4( Section 1000.06. Imposition. (1) Any person, who after the effective date of this ordinance, seeks to develop land by applying for a building permit or an initial concurrency certificate, shall be assessed impact fees and shall be required to pay all applicable impact fees in the manner and amount set forth in this title. (2) No building permit or initial concurrency certificate for any activity requiring payment of impact fees pursuant to this title shall be issued unless and until all impact fees required by this title have been paid. (3) Any person, who after the effective date of this ordinance applies for an initial concurrency certificate or for a permit to set up a new mobile home, shall be assessed impact fees and shall be required to pay all applicable impact fees in the manner and amount set forth in this title. (4) No permit or initial concurrency certificate for the set up of a new mobile home requiring payment of impact fees pursuant to this title shall be issued unless and until all impact fees required by this title have been paid. (Ord. No. 2005-015, 5-17-05; Ord. No. 2009-003, § 1, 3-24-09; Ord. No. 2009-015, § 2, 9-22-09; Ord. No. 2010-002, § 1, 3-16-10; Ord. No. 2011-002, § 1, 3-15-11; Ord. No. 2012-003, § 1, 3-13-12; Ord. No. 2014-004, § 1, 3-11-14; Ord. No. 2014-016, § 1(Att. 1), 10-14-14) Section 1000.07. Exemptions and credits. (1) Exemptions. The following activities shall be exempted from payment of impact fees levied under this title: (A) Alteration or expansion of an existing building where no additional units are created, where no additional square foot- age of building is created, where the use is not changed or where it is determined by the community development director that improvement of a structure in existence prior to the adoption of impact fees (March 1, 1986) will not result in a measurable increase in traffic impacts. (B) The construction of accessory buildings or structures where no additional units are created. (C) The replacement of an existing residen- tial unit with a new unit of the same type, same square footage and same use. (D) The replacement of a nonresidential build- ing or structure with a new building or structure of the same size and same use. (E) Changes in the use of an existing non- residential building or structure provided there is no expansion of the existing build- ing or structure and the change results in no increase in the intensity of use. (F) The expansion of a single family residen- tial unit where the expansion would not result in the unit's new total square foot- age changing the unit's impact fee cate- gory from a lower fee category to a higher fee category. An exemption must be claimed by the feepayer at the time of the issuance of a building permit or mobile home permit or initial concurrency certif- icate. Any exemption not so claimed shall be deemed to be waived by the feepayer. Supp. No. 107 1000/2 ATTACHMENT 8 190 Stan Boling From: Jason Brown Sent: Monday, September 14, 2015 1056 AM To: Stan Boling Cc: Dylan Reingold Subject: RE. Most Recent School Impact Fee Refund Request Attachments: RE: School Impact Fee Refund Requests August - September 2015 Stan, Budget Office staff has coordinated with School District staff regarding the 28 requests for school impact fee refunds recently received by the County As you will recall, these funds needed to be encumbered/expended by June 30, 2014, September, 30, 2014, or December 31, 2014, depending upon the date that each individual fee was paid. School District staff has confirmed that as of May 31, 2014, school impact fees totaling $10,501,919 36 had been expended or encumbered on projects "made necessary by new growth and development in the county" (please see ttachment) This exceeds impact fee and interest earnings totaling $9,880,340.35 from inception of the school fees (on July 1, 2005) through the end of fiscal year 2012. Therefore, all school impact fees paid at any time during 2008 have been expended or encumbered within the six-year timeframe provided in County Code. If you need additional information or would like to discuss this further, please let me know Jason F. 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 jbrown@ircgov.com From: Stan Boling Sent: Friday, September 11, 2015 3:57 PM To: Jason Brown Cc: Dylan Reingold Subject: Most Recent School Impact Fee Refund Request Jason. I saw the September 8 email from Carter confirming certain findings you made regarding expenditures/encumbrances relevant for the 28 school impact fee refund requests currently under review. Can you provide an email with conclusions, similar to the email below you provided in July? Thanks... .....Stan From: Jason Brown Sent: Wednesday, July 22, 2015 5:30 PM To: Stan Boling Subject: RE: School Impact Fees 1 Attachment 9 191 Frorn the inception of the School Impact Fees on July 1, 2005, through January 2006, the County received and transferred 53,787,912 in School Impact Fees. Therefore, as of June 30, 2011, all fees collected up until some point in February 2006 had been encumbered or expended. 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 jbrown(c�ircgov.com From: Stan Boling Sent: Wednesday, July 22, 2015 4:44 PM To: Jason Brown Subject: School Impact Fees Jason: Thanks for your memo and back-up. According to information you provided, by June 30, 2011 the school board had encumbered $3,895,102. That amount of collected fees represents the total amount of fees collected up to what date? Thanks............Stan 2 Attachment 9 192; 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 ibrown(a�ircgov.com 1 2 Attachment 9 193 Stan Boling From: Morrison, Carter <Carter.Morrison@indianriverschools org> Sent: Tuesday, September 08, 2015 1247 PM To: Jason Brown Cc: Stan Boling; Dylan Reingold, Ruth Bommarito, Kathy Charest; Rendell, Mark; Jimenez, Claudia; Matt McCain; Searcy, Charles; Frost, Shawn, Simchick, Dale, Simons, Michelle, Sanders, Scott Subject: RE. School Impact Fee Refund Requests August - September 2015 Attachments: Impact Fees by date of receipt FY 2006 through June 30, 2015.pdf Hi Jason. Please see my affirmative responses below Also attached is the updated quarterly' report through June 30, 2015. Thanks Carter From: Jason Brown [mailto.ibrown@ircgov.com] Sent: Tuesday, September 08, 2015 10.41 AM To: Morrison, Carter <Carter.Morrison@indianriverschools.org> Cc: Stan Boling <sboling@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; Ruth Bommarito <rbommaritoPircgov.com>; Kathy Charest <kcharestt ircgov.com> Subject: School Impact Fee Refund Requests August - September 2015 Carter, The County has received twenty-eight (28) refund requests for school impact fees paid during 2008 (please see attached worksheet) for non-expenditure/encumbrance during the six-year timeframe provided in County Code, Section 1000 15(2) All of these school impact fees were to be expended or encumbered by June 30, 2014, September 30, 2014, or December 31, 2014 per based upon the date of payment. Based upon the documentation provided by the School District previously (see attached email, dated 6/10/2014), it appears that as of May 31, 2014 the District had expended or encumbered a total of $10,501,919.36 from school impact fees compared total impact fee and interest earnings totaling $9,880,340.35 through the end of fiscal year 2012 Therefore, County staff's understanding is that all school impact fees collected at any tirne during 2008 had been expended or encumbered within the six-year timeframe in the County Code. Can you please confirm that the County's understanding of these reports is correct and that the District had expended and/or encumbered the funds as reflected above? (Carter] That is correct If this is not correct, please provide an accounting for the amounts expended and encumbered by the relevant dates The. report indicates that the expended and encumbered funds were for Sebastian River High School (SRHS) classroom expansion and Fellsrnere Elementary projects Based upon previous communications from the District (see attached email), County staff is of the understanding that these two projects were "made necessary by new growth and development in the county." Please confirm that this understanding is correct (Carter]' That:is;also correct If this is not correct, please provide clarification on the purpose for which these funds were expended. Thank you for your assistance in this matter If you have any questions or would like to discuss this information, please contact me. Jason E. Brown 1 Attachment .q 194 Date Received 10/14/2005 1/31/2006 2/1/2006 2/21/2006 3/20.2006 4/18/2006 6/1.'2006 6;19/2006 7/19/2006 8/182006 9/19/2006 10/19/2006 11/2012006 1/1/2007 1/19/2007 2/19,2007 4/19/2007 5/18/2007 6/1/2007 6/30/2007 7/19/2007 Amount of impact Fees (Revenue Code 3496) 1,305974.60 1,179 036.32 1,183,985.24 119,916.10 250,671 17 462,530.42 382,043.68 301,907.86 222,575.81 110,625 48 117,649.32 93,933.21 71,371 79 66,705.61 73,750.32 57,435.84 129,877.08 96,199.99 92 443.31 145,340.02 470,597.28 By total fiscal year; FY 2008 715,345.94 FY 2009 291,170.01 FY 2010 278,71 1.95 FY 2011 331,751.28 FY 2012 409,547.96 FY 2013 713.388.36 FY 2014 940,186.48 FY 2015 1,148,499.00 The School District of Indian River County Impact Fees by Date of Receipt FY 2006 - YTD FY 2015 - As oflune 30, 2015 Must be spent or encumbered by calendar quarter 6 years after 30 -Mar -12 30 -Jun -12 30.1un-12 30 -Jun -12 30 -Jun -12 30 -Sep -12 30 -Sep -12 30 -Sep -12 31 -Dec -12 31 -Jan -13 28 -Feb -13 31 -Mar- l 3 30 -Apr -13 31 -May -13 30 -Jun -13 31 -Jul -13 31 -Aug -13 30 -Sep -13 31 -Oct -13 30 -Nov -13 31 -Dec -13 31 -Dec -14 31=Dec-15 31 -Dec -16 31 -Dec -17 31 -Dec -18 31 -Dec -19 31 -Dec -20 31 -Dec -21 Note — this is for the first quatter Total to 2006 by 12/31/2012 5,408,641.20 Total of 2007 by 6/30/13 Total 06/07 by 6/30/13 534,035.73 ' - 5,942;676.93 _Total: to:2007; byr12J31 /20131. Total al 6/30/15 S 11,763,171.43 SRHS Fel Isnere Citrus Ar June 30, 2010 Total at 6/30/15 Amount Spent 3,950,317 99 6,640,000.04 Amount Encumbered 7 otiil; _ - '3950;339.99 16,640;000.04 660,692.24 1660 692 24. 10,590,318.03 660,692.24 -a,... •.`.n11;251;010.27i. Reconiiliii tion:to'f ERM S: Appropriated and spent on SRHS $ Appropriated to Fellsmcrc, including available assigned to Fellsmere (.Appropriated to Citrus El (all available) Impact Fees by fiscal•YEAR°of Collection: 2006 2007 2008 2009 2010 2011 2012 2013 2014 To 6/30115 2015 9/8/201512:20 PM Amount avail. On Amount avail, On Fellsmere unencumb. Citrus El. unencuml 3,950,317.99 6,654,697 40 ;(xj,.."3,g,f,;;YI4;fi97�±6?s 2,097,894.98 4.8:1+43� 302.74'; 2,?_1TOY.A-0:0 1330115 B =5ra1 rtrAt1612;702:910;3Zi: hnpact Fres (]tivenue_Fiide:(34961: t ` Iniert3si Eaiued (RC 3431) c: 5 5,408,641.20 5 113,716.78 1,055,331.97 326,181.54 1,185,943.22 305,476.42 291,170.01 99,920.97 278,711.95 27,124.82 331,751.28 26,427.59 409,547.96 20,394.64 713,388.36 11,286.68 940,186.48 6,845:20 1,148,499.00 S 5,522,357.98 1;381,513.51 1,491,419.64 391,090.98 305,836.77 358,178.87 429,942.60 724,675.04 947,031.68 2,641.63 1,151,140.63 $ 11,763,171.43 5 940,016.27 ':S" •+12;7031187:70 Impact Fees by date of receipt FY 2006 through June 30, 2015 Attachment ' 195 BOARD OF COUNTY 'COMMISSIONERS November 12, 2015 Mr. Charles R. Wilson, President Impact Fee Consultants 2001 9`1' Avenue, Suite 105 Vero Beach, FL 32965 RE. Appeal by Impact Fee Consultants of a Decision by the County Administrator to Deny Requests for Refund. of School Impact Fees Paid in 2008 Dear Mr. Wilson: At its regular meeting of November 10, 2015; the Board of County Commissioners voted 5 — 0 to uphold my decision as the County Administrator on the subject matter. Sincerely, Jo�cph A. Baird County Administrator cc: Board of County Commissioners Stan Boling, AICP (Community Development Director) Jason Brown, Budget Director Dylan Rcmgold, County Attorney Phil Matson, AICP Carter Morrison,. School District Scott Sanders, School District OFFICE OF THE COUNTY ADMINISTRATOR INDIAN RIVER COUNTY 1801 27'1' Street, Vero Beach, Fl 32960-3388 PHONE: 772-226-1408 - FAX: 772-978-1822 County Attorney's Matters - B C.0 11.10 15 Office of 13F INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 28, 2015 SUBJECT: Treasure Coast Regional Planning Council 2016 Legislative Priorities BACKGROUND. On October 26, 2015, Michael Busha, Executive Director of the Treasure Coast Regional Planning Council ("TCRPC") sent me a letter concerning the TCRPC's 2016 legislative priorities. The TCRPC's theme for this year is Restore the Everglades and Eliminate Harmful Freshwater Discharges into the St. Lucie River Estuary and Indian River and Lake Worth Lagoons. To that end, the TCRPC has set forth ten initiatives in support of this policy theme. Mr. Busha has requested that Indian River County review the policy and initiatives for consistency with Indian River County's own legislative priorities and identify any proposed changes. The Indian River County 2016 legislative priorities include the Indian River Lagoon, including the Sebastian septic to sewer project, upgrades at PC Main and the Aquatic Plant Pilot Project. Mr. Busha has requested a response from Indian River County by November 20, 2015. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote whether to propose any changes to the proposed TCRPC policy and initiatives. ATTACHMENT(S). Indian River County 2016 Legislative Priorities Correspondense from Mr. Busha, dated October 26, 2015 Approved for November 10, 2015 BCC Meeting County Attorney's Matters COUNTY ATTORNEY F Wnasnry'Lnd tGE. FRALnB C C{Agexid MenmiTCRPC Legislative P,,orrsies 20/6.doc i 196 Indian River Co. A pr. ed Date Admin. 1/ 5/) Co. Atty • < t Budget it Department /3/1zr Risk Management --- --- i 196 • • ;pt tutuwtmt++' 4 ttia^i 4l':ii��:' ,,1 n s=cl wmuu.a • 1.. • Ell-ti�:"K' ap i October 26, 2015 :4 CD liN s: 1� Ys_• t � lu Mr. Dylan Reingold Council Attorney Indian River County 1801 27th 'Street Vero Beach, Florida 32960-3388 Subject: 2016 Legislative Priorities for the Treasure Coast Regional Planning Council D At its. December. 11, 2015 meeting, Council will be considering the attached 2016 Legislative ,Priorities document for adoption. Prior to adoption, Council is seeking, input from its local governments and other public and private sector partners. This year, Council developed. the ,following statement to frame its regional priorities: Restore the Everglades and Eliminate Harmful Freshwater Discharges into the St. Lucie River Estuary and Indian River and Lake Worth Lagoons. The draft document also identifies ten specific actions for the legislature to considerin support, of the goals .outlined in the statement. Please review Council's draft •document for consistency with your own legislative priorities and Please let Council know if there are any changes you would like it to consider. Council would appreciate•your response by Friday, November 20, 2015. lf'.there are any questions, please call Council's Executive- Director, Michael J, Busha at (772) 323-7551. Thank you: Sincerely, Michael 1. Busha; AICP :Ekecutive Director MJB:Ig Attachment "Bringing Communities Together" • Est.,19.76 421 SW Camden Avenue - Stuart,Florida 34994 Phone (772) 221-4060 - Fax (772) 221-4067 - www.tcrpc.ortr 197 TRFASUEE (~OAST RF,GIONAL PIANNING COUNC1L' Restore the Everglades and Eliminate Harmful Freshwater Discharges into the St. Lucie River Estuary and Indian River and Lake Worth Lagoons ,�luhael j.`Buslia,AICP :Executive Dircclor, ICRP( 11 SW Camden Avenuc Stuart, I-lorida 3-4994': 772-221-4060 ntbusha@ Lcrpc org Legislative Initiatives in Support of these Priorites Include: • significantly increasing the long-term use of Land Acquisition Trust Fund (Amendment i) monies for Everglades restoration, including bonding these monies; • restoring historic flows south to Everglades National Park; • creating significant additional storage in the Caloosahatchee and St. Lucie River/Indian River Lagoon Estuary basins; • establishing water management system interconnections between the St. Johns River Water Management District and South Florida Water Management District beneficial to Everglades and regional estuary restoration, and protection of the Region's water supply; • creating significant additional storage in the Northern and South- ern Everglades; • adequately funding local government efforts to comply with Total Maximum Daily Load regulations and targets contained in the Flor- ida Department of Environmental Protection Basin Management Action Plans; • supporting local and regional efforts to increase water storage, aquifer recharge and the health and longevity of the Region's ground and surface fresh water supply; • better managing Lake Okeechobee and improving the Herbert Hoover Dike; • increasin& freshwater flows to the Northwest Fork of the Loxa- hatchee River; and • increase funding for and reduce the cost of converting coastal sep- tic systems to central sewer systems and provide incentives for property owners and local governments to encourage conversions. 1 r,cA:t;rr. C:OA,'t' R1(n)NI. PLANNING (.:Ot;NCtt. I'a1m 11cach • \iartin • Sr. It C • Indian Rive.. ITEM 14.A.1 November 10, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 4, 2015 SUBJECT: Future parking for Historic Dodgertown FROM: Wesley S. Davis Commissioner District 1 I kindly request your consideration for a discussion regarding future parking for Historic Dodgertown. 199'