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
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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
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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
,,.: -
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Wesley S. Davis, Chairman
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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
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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
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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
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Ap • r • ved
Date
Admin.
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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
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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
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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
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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.
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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'