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06/11/2013 (3)
This is to certify that Ann (Towed is here 6y presented this lstirement Award for outstanding performance and jaithfulservice to IndTun 94ver County Board of County Commissioners For twenty-two years of service On this 30th clay of `May 2013 Vincent 91. (Burke (Director of V tiaty Services 5A- Joseph E. 'FCescker Board of County Commissioner, Chairman E PROCLAMATION HONORING ANN POWELL ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF CO UNTY COMMISSIONERS DEPARTMENT OF UTILITY SER VICES/ WATER DISTRIB UTION DIVISION WHEREAS, Ann Powell retired from Indian River County effective May 30, 2013; and WHEREAS, Ann Powell began her employment with the County as an Account Clerk II on March 22, 1991. She was promoted to an Account Clerk III on October 8, 1993, and on September, 15. 2000, promoted to a Secretary III position. On March 30, 2001, her position was reclassified to a Staff Assistant II, and Ann continued in that capacity until her retirement, and WHEREAS, Ann Powell was a dedicated employee, and her work was greatly appreciated by the community, her employer, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Ann Powell's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the past twenty-two years; -BE-IT FURTHER PROCLAIMED that the Board of County Commissioners and staff e�dend Ann Powell heartfelt wishes for success in her future endeavors. Adopted this 111h day of June 2013. BOARD OF COUNTY COMMISSIONERS VER C� 17VDL9NRIVER COUNTY, FLORIDA Q 1o&eejh E. Flescher, Chairman �InnTC'i� . M PROCLAMATION DESIGNATING JUNE 17- 235 2013 AS AMATEUR RADIO WEEK WHEREAS, Indian River County has more than 500 licensed Amateur Radio operators who have demonstrated their value in public assistance by providing emergency radio communications; and WHEREAS, these Amateur Radio operators donate their services free of charge in the interest of the citizens of the County as well as the world; and WHEREAS, the Amateur Radio operators are on alert for any emergency, local or worldwide, are part of the Homeland Defense, and regularly practice their communication skills; and WHEREAS, these Amateur Radio operators share their skills by teaching others and demonstrating their unique communications skills to the public during Amateur Week; and WHEREAS, members of the Vero Beach Amateur Radio Club will be participating in the emergency preparedness exercise known as Field Day on June 22 and 23, 2013. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that June 17 through 23, 2013 be designated as AMATEUR RADIO WEEK in Indian River County, and the Board urges all citizens to pay appropriate tribute to the Amateur Radio operators of our County. Adopted this 11th day of June, 2013. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA JJsee E. Flescher, Chairman Wesley S. Davis, *Vice Chairman Peter D. O'Bryan Bob Solari Ti PROCLAMATION DESIGNATING THE WEEK OF JUNE 16 THROUGH JUNE 23, 2013 AS HUMANIST RECOGNITION WEEK IN INDIAN RIVER WEEK WHEREAS, the corgi `.,lotion of this land recognizes that all religious perspectives be treated equally; and WHEREAS, as a nation and community of citizens from so many diverse backgrounds and beliefs, the only way we can solve our problems is through cultivating intelligent, and ethical interactions among all people, with tolerance and respect; and WHEREAS, our nation and community face many problems, from creating jobs, educating our children, reducing violence, protecting our citizens, and guarding the integrity of scientific research, we must call upon compassion guided by reason to solve these problems; and WHEREAS, lasting legacies of the use of the scientific method and the power of reason have been left for the benefit of humanity by such great Humanists as Dr. Jonas Salk, Dr. Albert Einstein, Dr. Carl Sagan, Dr. Isaac Asimov, and many others. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of June 16 through June 23, 2013 be known, designated, and set aside as Humanist Recognition Week In Indian River County in recognition of the contribution to the quality of life in Indian River County by the Humanist community. Adopted this 11th day of June, 2013. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA ,foseph E. Flescher, Chairman Wesley S., Davis, Vice Chairman Bo S01ari Peter D. O'Bryan U Tim Zorc N,., JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1 801 27TH Street Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: May 30, 2013 SUBJECT: APPROVAL OF WARRANTS May 24, 2013 to May 30, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants (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 list of warrants, issued by the Comptroller's office, for the time period of May 24, 2013 to May 30, 2013. Attachment: DB: MS 5 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 298755 5/30/2013 PORT CONSOLIDATED INC 874.14 298756 5/30/2013 STURGIS LUMBER & PLYWOOD CO 35.82 298757 5/30/2013 JORDAN MOWER INC 386.00 298758 5/30/2013 ROBINSON EQUIPMENT COMPANY INC 209.20 298759 5/30/2013 FISHER SCIENTIFIC COMPANY LLC 778.82 298760 5/30/2013 VERO CHEMICAL DISTRIBUTORS INC 368.30 298761 5/30/2013 COPYCO INC DBA 7.92 298762 5/30/2013 RICOH USA INC 150.40 298763 5/30/2013 VELDE FORD INC 527.98 298764 5/30/2013 AT&T WIRELESS 465.09 298765 5/30/2013 DATA FLOW SYSTEMS INC 1,206.95 298766 5/30/2013 PARALEE COMPANY INC 640.00 298767 5/30/2013 DELTA SUPPLY CO 692.66 298768 5/30/2013 E -Z BREW COFFEE & BOTTLE WATER SVC 17.48 298769 5/30/2013 GRAINGER 170.76 298770 5/30/2013 KELLY TRACTOR CO 187,007.67 298771 5/30/2013 PULSAFEEDER INC UNIT OF IDEX CORP 964.03 298772 5/30/2013 MAXWELL & SON INC 2,930.00 298773 5/30/2013 VERO LAWNMOWER CENTER INC 6,735.59 298774 5/30/2013 HACH CO 689.40 298775 5/30/2013 PATTERSON POPE INC 273.67 298776 5/30/2013 HD SUPPLY WATERWORKS, LTD 15.00 298777 5/30/2013 BOUND TREE MEDICAL 468.54 298778 5/30/2013 AMJ EQUIPMENT CORPORATION 4,002.82 298779 5/30/2013 EGP INC 772.97 298780 5/30/2013 VERO INDUSTRIAL SUPPLY INC 439.87 298781 5/30/2013 VERO FURNITURE MART 1,335.00 298782 5/30/2013 DELL MARKETING LP 9,174.49 298783 5/30/2013 GENERAL PART INC 342.91 298784 5/30/2013 BAKER & TAYLOR INC 1,867.70 298785 5/30/2013 GROVE WELDERS INC 6.30 298786 5/30/2013 BRANDTS APPLIANCE SERVICE INC 196.90 298787 5/30/2013 MIDWEST TAPE LLC 581.30 298788 5/30/2013 LOWES CO INC 1,624.68 298789 5/30/2013 PRECISION CONTRACTING SERVICES INC 36,014.90 298790 5/30/2013 K & M ELECTRIC SUPPLY 68.97 298791 5/30/2013 WIGINTON CORP 1,542.00 298792 5/30/2013 I KRUGER INC 6,114.68 298793 5/30/2013 RELIABLE POLY JOHN 60.01 298794 5/30/2013 VOCELLE & BERG LLP 315.00 298795 5/30/2013 GREENE INVESTMENT PARTNERSHIP LTD 3,114.58 298796 5/30/2013 WILLIE C REAGAN 390.00 298797 5/30/2013 INDIAN RIVER COUNTY HEALTH DEPT 44,543.41 298798 5/30/2013 INDIAN RIVER COUNTY HEALTH DEPT 125.00 298799 5/30/2013 INDIAN RIVER COUNTY 187,096.27 298800 5/30/2013 MEDICAL EXAMINERS OFFICE 23,651.41 298801 5/30/2013 ROGER J NICOSIA 1,500.00 298802 5/30/2013 CITY OF VERO BEACH 4,058.54 298803 5/30/2013 CITY OF VERO BEACH 1,972.54 298804 5/30/2013 CITY OF VERO BEACH 11,562.50 298805 5/30/2013 LSQ FUNDING GROUP L C 3,889.34 298806 5/30/2013 INDIAN RIVER ALL FAB INC 134.00 298807 5/30/2013 JANITORIAL DEPOT OF AMERICA INC 2,195.86 298808 5/30/2013 HUMANE SOCIETY 24,525.00 298809 5/30/2013 ARTHUR J GALLAGHER RISK MGMT SERVICES 326.00 298810 5/30/2013 WAL MART STORES EAST LP 89.01 298811 5/30/2013 FLORIDA DEPT OF AGRICULTURE AND 100.00 298812 5/30/2013 ACUSHNET COMPANY 1,449.61 if CHECK NBR CK DATE VENDOR AMOUNT 298813 5/30/2013 INTERNATIONAL GOLF MAINTENANCE INC 83,088.25 298814 5/30/2013 CULTURAL COUNCIL OF IRC 9,957.39 298815 5/30/2013 EXCHANGE CLUB CASTLE 3,987.38 298816 5/30/2013 GEOSYNTEC CONSULTANTS INC 5,329.07 298817 5/30/2013 FEDERAL EXPRESS 16.99 298818 5/30/2013 FEDERAL EXPRESS 110.42 298819 5/30/2013 DUNKELBERGER ENGINEERING & TESTING 3,609.00 298820 5/30/2013 CITY OF SEBASTIAN 20,540.66 298821 5/30/2013 SPRINT SPECTRUM LP 25.96 298822 5/30/2013 SIEMENS INDUSTRY INC 27,570.00 298823 5/30/2013 VERO HERITAGE INC 1,115.98 298824 5/30/2013 CALLAWAY GOLF SALES COMPANY 2,232.57 298825 5/30/2013 SUBSTANCE AWARENESS COUNCIL OF IRC INC 2,200.00 298826 5/30/2013 FLORIDA POWER AND LIGHT 7,744.30 298827 5/30/2013 FLORIDA POWER AND LIGHT 75,739.94 298828 5/30/2013 FLORIDA POWER AND LIGHT 532.66 298829 5/30/2013 MIKE CLIFFORD 381.44 298830 5/30/2013 INDIAN RIVER COUNTY TAX COLLECTOR 972.40 298831 5/30/2013 PHILLIP J MATSON 209.78 298832 5/30/2013 GIFFORD YOUTH ACTIVITY CENTER INC 6,405.62 298833 5/30/2013 CITY OF FELLSMERE 21.47 298834 5/30/2013 NEW HORIZONS OF THE TREASURE COAST 22,812.83 298835 5/30/2013 KENNETH CAMPBELL SENIOR 140.00 298836 5/30/2013 STEWART TITLE COMPANY INC 200.42 298837 5/30/2013 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,344.76 298838 5/30/2013 COX GIFFORD SEAWINDS 425.00 298839 5/30/2013 PROPERTY DAMAGE APPRAISERS 230.00 298840 5/30/2013 GERALD A YOUNG SR 90.00 298841 5/30/2013 EMBASSY SUITES HOTEL 169.00 298842 5/30/2013 INDIAN RIVER COUNTY HISTORICAL 2,501.98 298843 5/30/2013 G K ENVIRONMENTAL INC 1,836.67 298844 5/30/2013 ADVANCED XEROGRAPHICS IMAGING 814.71 298845 5/30/2013 LINDSEY MATHENY 100.00 298846 5/30/2013 TIM GEIB 60.00 298847 5/30/2013 BRIDGE DESIGN ASSOCIATES INC 2,542.50 298848 5/30/2013 VERO CLUB PARTNERS LTD 224.00 298849 5/30/2013 C & C ELECTRIC WORKS INC 6,396.00 298850 5/30/2013 FLORIDA DEPT OF BUSINESS & PROF 150.00 298851 5/30/2013 MICHAEL QUIGLEY 60.00 298852 5/30/2013 CANBERRA INDUSTRIES 8,186.52 298853 5/30/2013 RUSSELL PAYNE INC 240.00 298854 5/30/2013 JEAN PETERS 60.00 298855 5/30/2013 FLORIDA DEPT OF JUVENILE JUSTICE 45,842.31 298856 5/30/2013 FLORIDA RURAL LEGAL SERVICES INC 2,485.95 298857 5/30/2013 RANDOM HOUSE INC 128.25 298858 5/30/2013 UNITED RENTALS NORTH AMERICA INC 4,708.00 298859 5/30/2013 JESSE FLORES 40.00 298860 5/30/2013 JOHNS EASTERN COMPANY INC 6,509.41 298861 5/30/2013 MBV ENGINEERING INC 10,843.75 298862 5/30/2013 UNITED FOR FAMILIES 971.67 298863 5/30/2013 DICKERSON FLORIDA INC 882,248.52 298864 5/30/2013 GLOVER OIL COMPANY INC 132,430.88 298865 5/30/2013 GLENDALE TRADE CENTER 4,747.59 298866 5/30/2013 DONALD SEDAM 3,051.18 298867 5/30/2013 GARY L EMBREY 60.00 298868 5/30/2013 LARRY STEPHEN FAISON 40.00 298869 5/30/2013 SALVATION ARMY 300.00 298870 5/30/2013 ISLAND HOUSE TITLE LLC 19.53 298871 5/30/2013 ARDAMAN & ASSOCIATES INC 2,942.00 298872 5/30/2013 KELLY J TURNER JR 120.00 7 CHECK NBR CK DATE VENDOR AMOUNT 298873 5/30/2013 KENNY CAMPBELL JR 100.00 298874 5/30/2013 D&S ENTERPRISES OF VERO BCH LLC 40.00 298875 5/30/2013 COMPLETE ALARM INC. 194.00 298876 5/30/2013 MARY COLLIS 30.00 298877 5/30/2013 JOHNNY B SMITH 85.00 298878 5/30/2013 MUNICIPAL WATER WORKS INC 2,282.40 298879 5/30/2013 HOOVER PUMPING SYSTEMS 589.61 298880 5/30/2013 CHARLES A WALKER 60.00 298881 5/30/2013 PENINSULAR ELECTRIC DISTRIBUTORS INC 4,278.00 298882 5/30/2013 REDLANDS CHRISTIAN MIGRANT ASSOC 2,536.84 298883 5/30/2013 WELLS & WATER SYSTEMS INC 5,960.00 298884 5/30/2013 DANIEL IOFFREDO 60.00 298885 5/30/2013 BENNETT AUTO SUPPLY INC 144.27 298886 5/30/2013 NICOLACE MARKETING INC 1,326.25 298887 5/30/2013 TRITEL INC 99.00 298888 5/30/2013 WILLIAM BOLTON 60.00 298889 5/30/2013 SANDYARACENA 120.00 298890 5/30/2013 NATIONAL DIAMOND CORP 145.00 298891 5/30/2013 FLORIDA SECTION ITE 200.00 298892 5/30/2013 D J P GENERAL CONTRACTING SERVICES INC 8,500.00 298893 5/30/2013 ATLANTIC COASTAL LAND TITLE CO LLC 225.00 298894 5/30/2013 KEMPER BUSINESS SYSTEMS 10.00 298x"195 5/30/2013 GUETTLER BROTHERS CONSTRUCTION LLC 304,567.29 298896 5/30/2013 MIDLAND RADIO CORPORATION 1,333.20 298897 5/30/2013 STEVENAABBOND 60.00 298898 5/30/2013 YOUR AQUA INSTRUCTOR LLC 60.00 298899 5/30/2013 SAFETY SCHELL CORPORATION 21,575.29 298900 5/30/2013 PACE ANALYTICAL SERVICES INC 4,888.00 298901 5/30/2013 DEPT OF HWY SAFETY & MOTOR VEHICLES 500.00 298902 5/30/2013 AMERICAN SOLUTIONS FOR BUSINESS 56.00 298903 5/30/2013 FLORIDA ENVIRONMENTAL CONSULTING INC 7,733.34 298904 5/30/2013 RAYMOND J DUCHEMIN 120.00 298905 5/30/2013 XYLEM WATER SOLUTION USA INC 261.00 298906 5/30/2013 BORO BUILDING & PROPERTY MAINT INC 4,720.13 298907 5/30/2013 INTEGRITY LAWNS & LANDSCAPING 1,260.00 298908 5/30/2013 KEITH GROCHOLL 60.00 298909 5/30/2013 PROPAC INC 3,129.64 298910 5/30/2013 HEATHER HATTON 60.00 298911 5/30/2013 OLDCASTLE LAWN & GARDEN INC 2,590.00 298912 5/30/2013 NEWSOM OIL COMPANY 584.08 298913 5/30/2013 GENERAL CHEMICAL PERFORMANCE LLC 2,504.31 298914 5/30/2013 B & E PROPERTY MAINTENANCE 775.00 298915 5/30/2013 WILD TURKEY ESTATES OF VERO LLC 2,954.35 298916 5/30/2013 SHAWN GINN 40.00 298917 5/30/2013 REPROGRAPHIC SOLUTIONS INC 35.40 298918 5/30/2013 AMERICAN MESSAGING SERVICES LLC 38.02 298919 5/30/2013 LABOR READY SOUTHEAST INC 14,672.12 298920 5/30/2013 INDUSTRIAL CONTROL LINKS INC 395.36 298921 5/30/2013 RAFTELIS FINANCIAL CONSULTANTS INC 3,270.00 298922 5/30/2013 KELLIE P KIELBASA 120.00 298923 5/30/2013 EXEX HOLDING CORPORATION 381.96 298924 5/30/2013 KELLY LORRAINE HAMLIN 30.00 298925 5/30/2013 COLLINS & ASSOCIATES REAL ESTATE INC 40.40 298926 5/30/2013 OMAR LAWSON 59.66 298927 5/30/2013 PAUL CARONE 2,594.00 298928 5/30/2013 LINDSEY GARDENS APARTMENTS 747.00 298929 5/30/2013 CREATIVE CHOICE HOMES XVI LTD 554.00 298930 5/30/2013 PINNACLE GROVE LTD 986.00 298931 5/30/2013 VERO CLUB PARTNERS LTD 2,059.00 298932 5/30/2013 DAVID SPARKS 616.00 0 CHECK NBR CK DATE VENDOR AMOUNT 298933 5/30/2013 INDIAN RIVER INVESTMENT REALTY INC 507.00 298934 5/30/2013 ED SCHLITT LC 493.00 298935 5/30/2013 JOHN COLONTRELLE 450.00 298936 5/30/2013 ARTHUR PRUETT 475.00 298937 5/30/2013 JOSEPH LOZADA 2,100.00 298938 5/30/2013 PELICAN ISLES LP 274.00 298939 5/30/2013 JOHN F BAER 38,809.00 298940 5/30/2013 IIFB OF FLORIDA LLC 570.00 298941 5/30/2013 EARRING POINT PROPERTIES 872.00 298942 5/30/2013 ANDRE DORAWA 545.00 298943 5/30/2013 STEVEN F BERNYK 1,494.00 298944 5/30/2013 MARK KNOWLES 1,207.00 298945 5/30/2013 VIRGINIA PINES 438.00 298946 5/30/2013 PAULA WHIDDON 553.00 298947 5/30/2013 GATOR INVESTMENTS 1,099.00 298948 5/30/2013 DAVID WALSH & ASSOC 576.00 298949 5/30/2013 JAMES W DAVIS 297.00 298950 5/30/2013 NITA EZELL 500.00 298951 5/30/2013 MISS INC OF THE TREASUE COAST 738.00 298952 5/30/2013 SOUTHERN ASSOCIATES LLC 647.00 298953 5/30/2013 CRAIG LOPES 332.00 298954 5/30/2013 INDIAN RUN LIMITED PARTNERSHIP 710.00 298955 5/30/2013 MADISON VINES APARTMENTS LLC 1.126.00 298956 5/30/2013 FREDDA LOZADO 604.00 298957 5/30/2013 MTD4 PELED LLC 444.00 298958 5/30/2013 FIVE STAR PROPERTY HOLDING LLC 800.00 298959 5/30/2013 WILLIAM LEE 497.00 Grand Total: 2,450,296.62 E ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2438 5/24/2013 KIMLEY HORN & ASSOC INC 5,064.00 2439 5/24/2013 KIMLEY HORN & ASSOC INC 4,408.00 2440 5/24/2013 IRC FIRE FIGHTERS ASSOC 6,120.00 2441 5/24/2013 BENEFITS WORKSHOP 6,618.15 2442 5/24/2013 NATIONWIDE SOLUTIONS RETIREMENT 289.53 2443 5/24/2013 FLORIDA LEAGUE OF CITIES, INC 5,172.39 2444 5/24/2013 NACO/SOUTHEAST 35,172.73 2445 5/24/2013 ICMA RETIREMENT CORPORATION 12,164.97 2446 5/24/2013 ICMA RET CORP 1,735.00 2447 5/24/2013 FL SDU 8,155.29 2448 5/28/2013 IRS -PAYROLL TAXES 347,240.52 Grand Total: 432,140.58 ll•J ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1001634 5/23/2013 AT&T 7,133.54 1001635 5/23/2013 OFFICE DEPOT BSD CUSTOMER SVC 298.10 �- 1001636 5/23/2013 WHEELABRATOR RIDGE ENERGY INC 12,499.75 1001637 5/28/2013 PARKS RENTAL & SALES INC 60.00 1001638 5/28/2013 COMMUNICATIONS INTERNATIONAL 216.60 1001639 5/28/2013 SSES INC DBA 272.22 1001640 5/28/2013 HENRY SCHEIN INC 7,843.05 1001641 5/28/2013 SAFETY PRODUCTS INC 201.10 1001642 5/28/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 110.00 1001643 5/28/2013 INDIAN RIVER BATTERY 338.25 1001644 5/28/2013 MIKES GARAGE & WRECKER SERVICE INC 110.00 1001645 5/28/2013 DAVES SPORTING GOODS & TROPHIES 190.00 1001646 5/28/2013 APPLE INDUSTRIAL SUPPLY CO 258.49 1001647 5/28/2013 MEEKS PLUMBING INC 109.00 1001648 5/28/2013 ALLIED UNIVERSAL CORP 5,618.80 1001649 5/28/2013 HOMELAND IRRIGATION 191.44 1001650 5/28/2013 ARAMARK UNIFORM & CAREER APPAREL LLC 300.79 1001651 5/28/2013 COMMUNITY ASPHALT CORP 622.88 1001652 5/28/2013 FERGUSON ENTERPRISES INC 3,135.16 1001653 5/28/2013 GREAT SOUTHERN CONSTRUCTION 7,826.48 1001654 5/28/2013 POLYDYNE INC 2,576.00 1001655 5/28/2013 L&L DISTRIBUTORS 228.32 1001656 5/28/2013 S & S AUTO PARTS 313.29 1001657 5/28/2013 REPUBLIC SERVICES OF FLORIDA 100,860.55 1001658 5/28/2013 REPUBLIC SERVICES OF FLORIDA 100,860.54 1001680 5/29/2013 EVERGLADES FARM EQUIPMENT CO INC 100.67 1001681 5/29/2013 COMMUNICATIONS INTERNATIONAL 18,509.44 1001682 5/29/2013 NORTH SOUTH SUPPLY INC 63.93 1001683 5/29/2013 SAFETY PRODUCTS INC 324.11 ,..� 1001684 5/29/2013 INDIAN RIVER BATTERY 194.20 1001685 5/29/2013 RING POWER CORPORATION 4,520.75 1001686 5/29/2013 TEAM EQUIPMENT INC 629.00 1001687 5/29/2013 ABCO GARAGE DOOR CO INC 137.50 1001688 5/29/2013 HOMELAND IRRIGATION 196.45 1001689 5/29/2013 THE EXPEDITER 64.96 1001690 5/29/2013 WORLD INDUSTRIAL EQUIPMENT INC 293.54 1001691 5/29/2013 ARAMARK UNIFORM & CAREER APPAREL LLC 137.47 1001692 5/29/2013 SOUTHERN COMPUTER WAREHOUSE 1,481.98 1001693 5/29/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 386.46 1001694 5/29/2013 MIDWEST MOTOR SUPPLY CO 16.00 1001695 5/29/2013 RECHTIEN INTERNATIONAL TRUCKS 84.05 1001696 5/29/2013 CAPITAL OFFICE PRODUCTS 121.12 1001697 5/29/2013 AUTO PARTNERS LLC 185.60 1001698 5/29/2013 L&L DISTRIBUTORS 221.28 1001699 5/29/2013 S & S AUTO PARTS 1826 1001700 5/29/2013 WRIGHT FASTENER COMPANY LLC 204.00 1001701 5/29/2013 REPUBLIC SERVICES OF FLORIDA 119,527.45 1001702 5/29/2013 REPUBLIC SERVICES OF FLORIDA 119,527.47 1001703 5/29/2013 REPUBLIC SERVICES OF FLORIDA 2,306.57 1001704 5/29/2013 REPUBLIC SERVICES OF FLORIDA 11,579.06 1001705 5/29/2013 REPUBLIC SERVICES OF FLORIDA 29.60 1001706 5/29/2013 REPUBLIC SERVICES OF FLORIDA 29.60 1001707 5/29/2013 REPUBLIC SERVICES OF FLORIDA 33,822.00 1001708 5/30/2013 EVERGLADES FARM EQUIPMENT CO INC 83.27 1001709 5/30/2013 PARKS RENTAL & SALES INC 31.80 1001710 5/30/2013 SAFETY PRODUCTS INC 99.54 1001711 5/30/2013 INDIAN RIVER BATTERY 35.50 1001712 5/30/2013 REPUBLIC SERVICES OF FLORIDA 46.64 Please note check numbers 1001659 through 1001679 were skipped due to system error 1 11 TRANS. NBR DATE 1001713 5/30/2013 1001714 5/30/2013 1001715 5/30/2013 1001716 5/30/2013 1001717 5/30/2013 1001718 5/30/2013 1001719 5/30/2013 1001720 5/30/2013 1001721 5/30/2013 Grand Total: VENDOR ST LUCIE BATTERY & TIRE CO ARAMARK UNIFORM & CAREER APPAREL LLC COMMUNITY ASPHALT CORP L&L DISTRIBUTORS S & S AUTO PARTS HARRIS SANITATION INC AT&T OFFICE DEPOT BSD CUSTOMER SVC BRIDGESTONE GOLF INC AMOUNT 198.00 228.84 1,300.08 104.40 56.50 77,869.08 4,622.01 1,429.66 561.00 653,553.19 12 Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Jason E. Brown , Director, Office of Management & Budget Date: May 28, 2013 Subject: Miscellaneous Budget Amendment 017 4. a Consent Agenda Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. Various capital items have reached the end of their useful lives and are in need of replacement. Among the items are a boom mower tractor, and a 10'bat mower for Road & Bridge, an aerial lift truck for Traffic Engineering, and a fire truck for Fire Rescue. The attached entry appropriates funding for these expenditures in the amount of $21,195 from General Fund/Reserve for Contingency, $21,500 from M.S.T.U. Fund/Reserve for Contingency, $266,300 from Transportation Fund/Cash Forward Oct 1St , $14,000 from 911 Surcharge Fund/Cash Forward Oct 1St, and $465,000 from Optional Sales Tax/Cash forward Oct 1St 2. On August 16, 2011, the Board approved a Local Jobs Grant for INEOS New Planet BioEnergy, LLC. The current payment of $80,667 will be provided from General Fund, Reserve for Contingency. 3. Indian River County libraries have received donations totaling $20,375. The attached entry appropriates these donations. 4. On March 26, 2013 Indian River County hosted the Indian River Lagoon Symposium. Donations to fund refreshments have been provided in the amount of $361. The attached entry appropriates these donations. 5. The County Attorney's Office is in receipt of a grant in the amount of $2,500 from the Florida Bar Association to fund a summer intern position. The attached entry appropriates these grant funds. 6. Public Building Impact Fees are being refunded from Fund 103 for non -expenditure during the six year period for a portion of March 2007. The attached entry appropriates funding in the amount of $9,050. 7. The Shooting Range has recently added four vending machines to better accommodate its �..- customers and maximize revenue. Stocking of the machines in the amount $2,700 will be funded from Shooting Range concession revenues. 13 Board of County Commissioners May 28, 2013 Page 2 of 2 8. The Community Transportation Coordinator is in receipt of various grants including the Older American Act Grant in the amount of $471,777, the Community Care for the Elderly Grant in the amount of $385,716, the Home Care for the Elderly Grant in the amount of $58,135, the Alzheimer's Disease Initiative Grant in the amount of $63,819, and the Community Care for the Elderly (CCE) Grant in the amount of $362,144. The attached entry appropriates funding for the grant matches in the amount of $147,647. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2012/2013 budget. Attachments Budget Amendment 017 and Resolution APPROVED AGENDA ITEM: BY. Jos ph A. Baird County Administrator For: June 11, 2013 Indian River County Apprpved Date Administrator 6 /3 Legal ('p * S• i Budget Department Risk Management 14 RESOLUTION NO. 2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2012-2013 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 2012-2013 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 2012-2013 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 Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2013. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Joseph E. Flescher, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY OUNTY ATTORNEY 15 Exhibit "A" Resolution No. 2013 - Budget Office Approval: Jason E. Brown, Budget Director /V&//.2dget Amendment: 017 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Transportation Fund/Non-Revenue/Cash Forward -Oct 1st 111039-389040 $266,300 $0 911 Surcharge Fund/Non-Revenue/Cash Forward -Oct 1st 120039-389040 $14,000 $0 Optional Sales Tax/Non-Revenue/Cash Forward -Oct 1st 315039-389040 $465,000 $0 Expense General Fund/Animal Control/Automotive 00125062-066420 $21,195 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $21,195 M.S.T.U. Fund/County Planning/Automotive 00420515-066420 $21,500 $0 M.S.T.U. Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $21,500 Transportation Fund/Road & Bridge/Heavy Equipment 11121441-066430 $130,000 $0 Transportation Fund/Road & Bridge/Other Machinery & Equipment 11121441-066490 $30,300 $0 Transportation Fund/Traffic Engineering/Automotive 11124541-066420 $106,000 $0 911 Surcharge Fund/Communication Center/EDP Equipment 12013325-066470 $14,000 $0 Optional Sales Tax/Fire Rescue/Automotive 31512022-066420 $465,000 $0 2. Expense General Fund/Agencies/Local Jobs Grant-INPB LLC 00111015-088014 $80,667 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $80,667 3. Revenue General Fund/Miscellaneous/Donations Main Library 001038-366095 $17,970 $0 General Fund/Miscellaneous/Donations North County Library 001038-366100 $2,405 $0 Expense General Fund/Main Library/Books 00110971-035450 $13,970 $0 General Fund/Main Library/Miscellaneous 00110971-038190 $4,000 $0 General Fund/North County Library/Books 00111271-035450 $2,405 $0 16 Exhibit "A" Resolution No. 2013- Budget Office Approval. \%�1�1�7'L� �F Buddet Amendment: 017 Jason E. Brown, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease 4. Revenue General Fund/Miscellaneous/Other Contributions/Donations 001038-366090 $361 $0 Expense General Fund/BCC/Office Supplies 00110111-035110 $361 $0 5. Revenue General Fund/Miscellaneous/Florida Bar Intern Grant 001038-366044 $2,500 $0 Expense General Fund/County Attorney/Budgeted Temporary Position 00110214-011190 $2,319 $0 General Fund/County Attorney/Social Security Matching 00110214-012110 $144 $0 General Fund/County Attorney/Worker's Compensation 00110214-012140 $3 $0 General Fund/County Attorney/Medicare Matching 00110214-012170 $34 $0 6. Revenue Impact Fees/Non-Revenue/Cash Forward -Oct 1st 103039-389040 $9,050 $0 Expense Impact Fees/Public Buildings/Refunds 10312113-036690 $9,050 $0 7. Revenue M.S.T.U. Fund/Service Charges/Shooting Range Concession Income 004034-347525 $2,700 $0 Expense M.S.T.U.Fund/Shooting Range/Food 00416172-035610 $2,700 $0 8. Revenue General Fund/Cash Forward Oct 1st 001039-389040 $147,647 $0 Expense General Fund/Agencies/Community Transportation 00111041-088230 $147,647 Coordinator $0 17 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of QotWty Commissioners From: Jason E. Brown Director, Office of Manage nt Budget Date: May 28, 2013 Subject: Building Division Staffing Miscellaneous Budget Amendment 018 Background Information The Building Division inspection load increased by approximately 53% from fiscal year 2009/2010 to 2011/2012. During this same period, the total number of building inspectors and plans examiners has decreased by two (2). Additionally, support staff was reduced by one position through attrition. As a result, the number of inspections per inspector per day has dramatically increased. Total Building Division staffing for the current fiscal year stands at 14 full-time positions. This is down (over 73%) from a high of 52 full-time positions during the peak of the construction boom. Recently, a noticeable increase in inspections with no change in inspection staffing levels has begun to cause a daily increase in "rollovers", , which is defined as an inspection that could not be inspected as scheduled and is rolled over one or more business days. This in turn creates scheduling problems and delays for the contractors. The increase in inspections and the increase in workday average daily inspections are shown below: For calendar year 2013, the Building Department has had daily inspection work loads of up to 180 inspections per day. UPS • Board of County Commissioners Page 2 of 2 May 28, 2013 In order to keep pace with the increase in activity, staff is recommending an additional Building Support Specialist position. The addition of this position will assist the Building Division staff in efforts to meet the demands of what appears to be a revitalization of the construction environment. Funding The additional position (Building Support Specialist) will have an estimated annual cost of $35,960, including salary and benefits. Funding for the additional position will be provided from Building Department revenues. Building Division revenues for the current fiscal year are up 25.9% (approximately $242,000) from last fiscal year through the end of April. It should be noted that the Building Division operated at a profit of about $260,000 for fiscal year 2011/12. Therefore, staff anticipates that building permit revenues will be sufficient to fund these additional expenses. The Building Division is an enterprise fund that is fully supported by building permit fees. No ad valorem tax dollars are used to support this department. Staff Recommendation Staff recommends that the Board of Commissioners approve funding for the new position of Building Support Specialist in the Building Division. Additionally, staff recommends that the Board of Commissioners approve the attached Budget Amendment 018 and resolution amending the fiscal year 2012/2013 budget. Funding in the amount of $35,960 will be provided from Building Division revenues. Attachments Budget Amendment 018 and Resolution APPROVED AGENDA ITEM: BY: Jose h A. Baird County Administrator FOR: June 11, 2013 Indian River County Approved Date Administrator �j 1p /3 Legal ` - - l Budget I7J Department Risk Management 19 RESOLUTION NO. 2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2012-2013 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 2012-2013 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 2012-2013 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2013. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Joseph E. Flescher, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY � COU ATTORNEY 20 JExhibit Resolution No.2013- "A" Budget Office Approval:�Budget Amendment: 018 ,on Brown, Budget Director N Entry Number Fund/ Depa tit/Account Name Account Number Increase Decrease 1. Revenue County Bulding/Building Permits/County 441032-322010 $28,767 $0 County Bulding/Building Permits/City 441032-322011 $7,193 $0 Expense County Building/Building Department/Regular Salaries 44123324-011120 $21,853 $0 County Building/Building Department/Social Security Matching 44123324-012110 $1,355 $0 County Building/Building Department/Retirement County Building/Building Department/insurance/rife & Health 44123324-012120 $1,467 $0 44123324-012130 $8,643 $0 County Building/Building Department/Worker's Compensation 44123324-012140 $442 $0 County Building/Building Department/OPEB 44123324-012160 $1,883 $0 County Building/Building Department/Medicare 44123324-012170 $317 $0 21 9 CONSENT INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: May 28, 2013 SUBJECT: TOURIST DEVELOPMENT COUNCIL 2013/2014 BUDGET RECOMMENDATIONS FROM: Jason E. Brown Director, Management & Budget DESCRIPTION AND CONDITIONS On May 15, 2013, the Tourist Development Council (TDC) reviewed budget requests for fiscal year 2013/2014 to be paid from the Tourist Tax revenue. The CounciFs recommendations are listed below: TOURIST DEVELOPMENT COUNCIL Fiscal Year 2013/2014 Funding Application Organization 2012/2013 Funding 2013/2014 Request 2013/14 TDC Recommendation Indian River County Chamber of Commerce and Sebastian Chamber $410,607 $423,838 $420,613 of Commerce Cultural Council $60,000 $60,000 $60,000 Historical Society $14,000 $12,000 $12,000 Treasure Coast Sports Commission $148,700 $148,700 $148,700 Vero Heritage $12,000 $12,000 $12,000 Total $645,307 $656,538 $653,313 The initial requests resulted in a shortfall of $3,225. However, officials for the Chamber of Commerce offered to reduce their agencys request to the 70% funding threshold. This action allowed the Tourist Development Council to provide full funding of all remaining requests. Therefore, the TDC did not complete ratings for the agencies as this step was not necessary. 22 Board of Commissioners Page 2 of 2 May 28, 2013 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the funding amounts recommended by the Tourist Development Council. APPROVED AGENDA ITEM: BY?Josluep A. Baird nty Administrator FOR: June 11, 2013 Indian River County Apigoved Date Administrator lJ/ Legal Budget 4l� Department Risk Management 23 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: June 3, 2013 . 0�, �� �/3/ 13 FROM: Jason E. Brown Director, Management & Budget SUBJECT: FEDERAL FISCAL YEAR 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM CERTIFICATE OF PARTICIPATION DESCRIPTIONS AND CONDITIONS Indian River County has been notified by the Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, that $68,509 has been allocated in grant funds for Federal Fiscal Year 2012 to fund local anti-drug abuse projects. This amount is a decrease from the current fiscal year in which Indian River County received $71,497 in federal funds. The letter also recommends that the Board of County Commissioners serve as the coordinating unit of government in development of applications for these funds. FDLE will distribute these funds in accordance with the Justice Assistance Grant (JAG) Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code (FAC). Local units of government receiving JAG funding have the flexibility to implement projects in any of the seven federally approved purpose areas listed below. 1) Law enforcement programs 2) Prosecution and court programs 3) Prevention and education programs 4) Corrections and community corrections programs 5) Drug treatment and enforcement programs 6) Planning, evaluation, and technology improvement programs 7) Crime victim and witness programs For the current fiscal year (2012/2013), Indian River County was allocated $71,497 in federal grant funds, with no match requirement. Likewise, the fiscal year 2013/2014 grant amount of $68,509 will not carry a match requirement. The two programs currently funded are the Substance Awareness Council Drug Testing Program and the Multi -Agency Drug Enforcement Unit (M.A.C.E.). 24 Board of Commissioners June 3, 2013 Page 2 of 2 RECOMMENDATION Staff recommends that the Board of County Commissioners accepts the invitation to serve as the coordinating unit of government in the FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program and authorize the Board Chairman to sign the Certificate of Participation naming Jason E. Brown, Director, Management & Budget, as the contact person. Staff also recommends the Board of County Commissioners accepts the total amount of the grant, which is $68,509. Further, staff recommends that the Board direct the Substance Awareness Council Advisory Board to recommend a distribution of these funds among local applicants. ATTACHMENTS 1. Letter from FDLE dated May 24, 2013 2. Program Announcement 3. Certificate of Participation 4. Grant Form 5. Copy of Chapter 11 D-9, Florida Administrative Code; 11D-9.002; 11 D-9.005 APPROVED AGENDA ITEM: BY: A - Josep A. Baird County8 21.jr Administrator FOR: June 11 2013 er Coun A roved Daateor P Department Risk Management 25 FELE Florida Department of Law Enforcement Gerald M. Bailey Commissioner May 24, 2013 Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302-1489 (850) 617-1250 www.fdle.state.fl.us The Honorable Joseph Flescher Chairman, Indian River County Board of Commissioners 1801 27th Street Vero Beach, FL 32960 Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture MAY 31 2013 �'�iC�9'?a lidlir@ Re: Federal Fiscal Year (FFY) 2013. Edward Byrne Memorial Justice Assistance Grant (JAG) Program - JAG Countywide - State Solicitation Dear Chairman Flescher: The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States Department Of Justice for FFY 2013 JAG funds. FDLE will distribute these '-4w funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. FDLE has set aside $68,509 funds for use by all units of government within Indian River County. The enclosed Program Announcement provides an overview of these funds which can be used by local units of government to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Please note that the Program Announcement includes information from the U.S. Department of Justice relating several areas of national focus and its priorities to help maximize the effectiveness of the Byrne/JAG funding. As a condition of participation in this program, the units of government in each county must reach a consensus concerning the expenditure of these funds. This consensus must include the projects to be implemented as well as the agency responsible for such implementation. Developing such consensus will require someone to exercise leadership and assume a coordinating role in the development of applications for these funds. FDLE recommends that the Board of County Commissioners assume this responsibility. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Service • lntegnfy • Respect • Quality 26 The Honorable Joseph Flescher May 24, 2013 Page Two The enclosed Certificate of Participation form requests the identification of an individual coordinator. We will send this individual further information regarding the application process in FDLE's on-line grant management system. Please complete the enclosed Certificate of Participation and return it as soon as possible to: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Attention: Clayton H. Wilder, Administrator FDLE does not discriminate, and prohibits subgrant recipients from discriminating, on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. We look forward to working with you. If you have any questions or if we can provide you with any assistance regarding the JAG Program, please contact me at (850) 617-1250. Sincerely, 95W$�H iIder Administrator CHW/JP/al Enclosures cc: Mayors in Indian River County Law Enforcement Agencies in Indian River County Project Directors in Indian River County 27 PROGRAM ANNOUNCEMENT FEDERAL FISCAL YEAR 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Countywide State Solicitation The State of Florida, Department of Law Enforcement (FDLE), anticipates an award from the United States Department of Justice (USDOJ) for $7,071,683 in Justice Assistance Grant (JAG) funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. This announcement is to notify eligible applicants of program requirements. Please note this Program Announcement includes information from the USDOJ relating several areas of national focus and its priorities to help maximize the effectiveness of the Byrne/JAG funding. Eligible Applicants Units of local government are eligible to receive subgrants from FDLE. "Units of local government" means any city, county, town, township, borough, parish, village, or other general-purpose political subdivision of a State and includes Native American Tribes that perform law enforcement functions as determined by the Secretary of the Interior. Program Strategy and Purposes JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice. Local units of government receiving JAG funding have the flexibility to implement projects in any of the seven federally approved purpose areas, listed below. 1) Law enforcement programs 2) Prosecution and court programs 3) Prevention and education programs 4) Corrections and community corrections programs 5) Drug treatment and enforcement programs 6) Planning, evaluation, and technology improvement programs 7) Crime victim and witness programs Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. Coordination Efforts Each county is allocated a sum of money for use by all local governments within the county. This amount is determined through a funding algorithm established in the administrative rule. Page 1 28 Chapter 11 D-9.005, Florida Administrative Code, requires that units of government in 1•.. each county reach consensus concerning the expenditure of these funds, including the projects to be implemented and the agency responsible for such implementation. Maximum coordination is required to meet this program requirement, and the Department requests the county board of commissioners to serve as the coordinating unit for all local governments within the county. The Chairman, Board of County Commissioners, in each county so notified is requested to return to the Department a statement of certification indicating the county's willingness to serve. This certification must be returned within 30 days from the date of receipt of notification. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Each county or coordinating unit of government is encouraged to form a criminal justice coordinating/planning group to identify and implement criminal justice priorities for the county, to plan strategies to address those priorities, to identify areas of greatest need, and to review all possible sources of revenue to make sure that funds go to the programs or issues that need them most. Furthermore, FDLE requires that units of government in each county reach consensus concerning the expenditure of the JAG funds, including the projects to be implemented and the agency responsible for such implementation. Each county must document this consensus by submitting letters from at least 51 percent of the units of government �.. which also represent at least 51 percent of the population located in said county. Match Requirements There is no match requirement under the guidelines of the JAG program. DOJ/Bureau of Justice Assistance (BJA) Priorities BJA wishes to ensure that recipients are aware of several areas of national focus and priority and to encourage recipients to maximize the effective use of JAG funds. The following is a brief list of key priorities: 1) Reducing Gun Violence 2) Recidivism Reduction and Justice System Realignment 3) Indigent Defense 4) Evidence -Based "Smart" Programs For more information on BJA's priorities, recipients may access: https://www.bja.gov/Funding/13JAGStateSol.pdf (see pages 13-14). This is for informational purposes only; do not apply for any funds through this solicitation. Recipient must still submit an application for funding through SIMON. ora 29 Application Requirements and Deadlines Once the Certificate of Participation form designating the coordinator for your county is received, the Office of Criminal Justice Grants will send this individual further information regarding the application process. Applicants must apply on-line using FDLE's grant management system. The deadline for the on-line submission is 5.00 P.M., Wednesday, July 24, 2013. In addition, applicants must print out the completed application and submit two (2) hard copies (both with original signatures) no later than 5:00 P.M., Friday, August 2, 2013. A separate application must be submitted for each proposed project. Applications should be mailed or hand delivered to the Florida Department of Law Enforcement, Office of Criminal Justice Grants, 2331 Phillips Road, Tallahassee, Florida 32308, Attention: Clayton H. Wilder, Administrator. Applications must be accompanied by letters of approval representing agreement among at least 51 percent of all units of local government representing at least 51 percent of the county population as to the allocation of dollars to each project in the county. Questions regarding this Program Announcement should be directed to Clayton H. Wilder, Florida Department of Law Enforcement, at (850) 617-1250. Page 3 30 Edward Byrne Memorial . Justice Assistance Grant (JAG) Program Date: Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts Declines the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Title: E-mail address: Agency: Address: Telephone: Date: Sincerely, County: Chair, Board of County Commissioners lwm- Rule Reference 11 D-9.006 OCJG-024 (Rev. June 2012) 31 GRANT NAME: Edward Byrne Memorial Justice Assistance Grant (JAG) Program AMOUNT OF GRANT: $68,509 DEPARTMENT RECEIVING GRANT: Indian River County Board of County Commissioners GRANT # 'CONTACT PERSON: Jason E. Brown TELEPHONE: 226- 1214 1. How long is the grant for? One Year Starting Date: October 1, 2013 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes __X___No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant 0% 5. Grant match amount required $0 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? 'R N/A Description Position Position Position Position Position WLI Regular Salaries Total Other Salaries & Wages (PT) .Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? 'R N/A Signature of Preparers ` CP I3 /13 Date: June 3, 2013 / 4A 32 Amount Other Match Costs Not Covered Match Total ar $68,509 $ $ $68,509 Year 7FiftGrant $ $ $ $ ear $ $ $ $ ear $ $ $ $ h 11 ar $ $ $ $ Signature of Preparers ` CP I3 /13 Date: June 3, 2013 / 4A 32 11D-9.002 Funds Availability for JAG -Countywide and JAG -Direct. (1) JAG -Countywide. The amount of funds available shall be that amount allocated each federal fiscal year to the State of Florida by the federal government under the Act and appropriated by the legislature. (2) The Department shall attempt to obligate all of the funds available in the current federal fiscal year, but may obligate part or all of the funds in a later federal fiscal year, when permitted by Federal law and applicable Florida Statutes. (3) The Department shall establish a Substance Abuse and Violent Crime Identification Matrix which shall be used, in conjunction with population, to determine the amount of funds allocated to each county in accordance with paragraph 11D - 9.002(4)(c), F.A.C., of this subsection. Through analysis of statewide databases, the Department shall determine the rate, trend and magnitude of the following group indices and their identified variables for the most recent five years of available data in each of Florida's counties: (a) Violent Crime Index. 1. Number of Burglary Offenses. 2. Number of Larceny Offenses. 3. Number of Robbery Offenses. 4. Number of Murder Offenses. (b) Juvenile Involvement in Drugs Index. 1. Number of juveniles arrested for sale and possession of marijuana. 2. Number of juveniles arrested for sale and possession of cocaine. 3. Drug Arrest Index. Number of arrests for sale and possession of any drug. (c) Cocaine Factor Index. Number of arrests for sale and possession of cocaine. (4) Based on the rate, trend and magnitude of these indices in each county relative to every other county, the Department shall generate a listing of the counties. Such listing shall be generated every two years. (5) Each county shall be allocated a percentage of local share federal funds equal to one-half of the sum of that county's -centage of statewide need as determined by the Substance Abuse and Violent Crime Identification Matrix plus that county's ,, W . centage of the total state population. (6) Each application for local share JAG -Countywide Program funds shall represent agreement on expenditure of grant funds among at least 51 percent of the local units of government which also represent at least 51 percent of the population within the geographic boundaries of the applicant's county. (7) In the event that at least 51 percent of the units of government which also represent at least 51 percent of the population in any county are unable to agree upon the expenditure of funds by the application deadline established by the program announcement or are unable to expend all of their allocated funds by the end of the grant period, said funds shall be distributed at the discretion of the Department. (8) JAG -Direct. BJA determines eligibility of JAG -Direct funds. Distribution of JAG -Direct funds will be determined by using the latest available UCR data and distributed to local units of government. Specific Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History -New 2-6-90, Amended 4-2-92, 2-7-95, Formerly 9G- 16.003, Amended 3-8-99, Formerly 9B-61.003, Amended 11-5-02, 3-27-06. 33 11D-9.005 Application and Award Procedures for JAG-Countywide and JAG-Direct. (1) JAG-Countywide Notification Process for State Applicants. (a) The Department shall notify in writing state agencies that are appropriated a portion of the JAG-Countywide funds. Such .ce shall identify the funding available, the purposes for which these funds may be used and the procedures required for receipt of such funds. (b) State agencies so notified shall be obligated the appropriated funds upon receipt of an application for such funds from the affected agency. (c) Applicants who submit proposals to the Department for consideration shall submit two originals of the complete application package which is filled out via the Subgrant Information ON-line System (SIMON). (2) JAG-Countywide Notification Process for Local Applicants. (a) To initiate a funding cycle, the Department shall notify all eligible agencies and jurisdictions through publication in the Florida Administrative Weekly. The funding cycle shall be advertised in the Florida Administrative Weekly at least 30 days prior to the deadline for submitting applications. (b) In addition to the notice specified in paragraph (1)(a) of this section, the Department shall send notice of the funding cycle ty. The ent shall rovi and a program announcement to the Chairman, h �o�°�ement t the Chief d of County rs, in each Official of thegoverningbody of each cityslocatedam a courtesy copy of said nonce and program each county so notified. (c) The Chairman, Board of County Commissioners, in each county so notified shall return to the Department within 30 days of receiving notification, a statement of certification indicating the county's willingness to serve as the coordinating unit of government for at least 51 percent of the units of government which also represent at least 51 percent of the population located in said county. When the county identifies a county coordinator, the Department shall send application forms to the coordinator. (d) In the event the county declines to serve as the coordinating unit of government, the Department shall request the governing body of each municipality, in descending order of population, to serve as the coordinating unit of government. (3) JAG-Countywide Local Application Process. (a) Each applicant is encouraged to appoint a Substance Abuse and Violent Crime Policy Advisory Board, the membership of which shall include at a minimum the following persons or their authorized designee: Chief Circuit Judge, State Attorney, Public Mender, Sheriff, Chief of Police of each municipality within the county or a Chief of Police designated by those Chiefs of Police as sir representative, Jail Administrator, Clerk of the Court, Superintendent of Education and a representative of local drug treatment il whose membership includes the listed representatives may be utilized in lieu of appointing programs. An existing Board or Counc ime Policy Advisory Board shall serve as the primary body for a new Board or Council. The Substance Abuse and Violent Cr coordinating drug abuse efforts undertaken with funds provided by the Act. (b) Each applicant is encouraged to designate an Office of Substance Abuse and Violent Crime Policy for the purposes of: 1. Providing administrative support to the Substance Abuse and Violent Crime Policy Advisory Board; 2. Preparing an application on behalf of at least 51 percent of the local units of government that also represents at least 51 percent of the population in the applicant's county; 3. Administering funds received from the OCJG, including receipt, review, processing, monitoring, progress and financial report review, technical assistance, grant adjustment, accounting, auditing and fund disbursements; and 4. Coordinating the drug control and violent crime prevention and enforcement activities of the county's criminal justice system, education system and drug treatment systems. (c) An office or agency performing other functions within the applicant unit of government may be designated as the Office of Substance Abuse and Violent Crime Policy. (d) Applicants who submit proposals to the Department for consideration shall submit two originals of the completed application package which is filled out via the Subgrant Information ON-line System (SIMON). (e) The Department shall review all applications for JAG-Countywide funds and shall reject any application not meeting the requirements of these rules and applicable federal and state laws. (4) JAG-Direct Notification Process for Local Applicants. To initiate a funding cycle, the Department shall send notice of the funding cycle and a program announcement to the local agency head; being the mayor of the city or the chairman, in each county. (5) JAG-Direct Local Application Process. (a) Applicants who submit proposals to the Department for consideration shall submit two originals of the completed application package which is filled out via the Subgrant Information ON-line System (SIMON). (b) The Department shall review all applications for Act funds and shall reject any application not meeting the requirements of '"--these rules and applicable federal and state laws. Specific Authority 943.03(4), 943.403 FS. Law Implemented 943.25(1), 943.402 FS. History—New 2-6-90, Amended 2-7-95, Formerly 9G-16.008, Amended 6-22-00, Formerly 9B-61.008, Amended 11-5-02, 3-27-06. 34 FCONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM . TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, Administrator THROUGH: John King, Director Department of Emer c Services FROM: Brian S. Burkeen, Assistant Chief,� / Indian River County Fire Rescue /, " DATE: May 24, 2013 SUBJECT: Approval to Authorize Payment for Shulman; Rogers, Gandal, Pordy, & Ecker, P.A. for 800 MHz Rebanding. On December 4, 2007, the Board of County Commissioners approved a Frequency Reconfiguration Agreement between Indian River County and Nextel South Corporation for radio rebanding. As a part of the process Indian River County must authorize payment from Nextel to Shulman, Rogers, Gandal, Pordy, & Ecker, P.A. for services provided during the rebanding. Attached are the Incumbent Acknowledgment and an invoice from Shulman, Rogers, Gandal, Pordy, & Ecker, P.A. for services provided to this point in the process. FUNDING No county funds are being expended for this project. All funds are paid from an escrow account by Nextel. RECOMMENDATION: Staff recommends approval of the Incumbent Acknowledgement and authorization that services identified on the invoice have been performed. ATTACHMENT: Incumbent Acknowledgement Invoice from Shulman, Rogers, Gandal, Pordy, & Ecker, P.A. APPROVED FOR AGENDA FOR: JunE3 11,, __2013 BY: � ""W ;'' Joseph A. Baird County Administrator Indian River Co.�Ll f i pMl�% Approved Date Legal S • M Budget 7 Dept 1 s,°l•�3 Risk Mgr. -03- General Svcs_ 35 F INCUMBENT ACKNOWLEDGEMENT �mrd Incumbent Name: Indian River County, FL Date: A ril 19 2013 Deal Number (to be provided by Sprint Nextel): DL8910427967 Vendor Name (as listed on Schedule C of FRA): Shulman, Rogers, Gandgl Pordy. & Ecker, P.A. Vendor invoice Number(s): 98602439 Incumbent Contact Person: Brian Burkeen Incumbent Contact Address: 4225.43`d Avenue Vero Beach FL 32967 Contact Person Phone Number: 772-226-2864 Contact Person Fax Number: 772-226-3868 Type of Gond/Services Delivered Date of Acceptance of Cost ! i r ((quantity and Price as identified on Schedufe ! Good/Services by C of the FRA) Incumbent I i Legal Fees: . Please see attached invoice 98602439 for details). __---__-_- 9/19/12 — 3/14/13 1 283.50 TOTAL f $283.50 I, Joseph E Flescher ("Incumbent") acknowledge that all goods/services identified on the Invoice number referenced above and attached to this acknowledgement have been received/performed. By: --- Name: Jose h,E.Flescher_ Title: Chairman 36 Shulman, Rogers, Gandal, Wordy & Ecker P.A. 12505 Park Potomac Avenue` 6th Floor C(DFffi Potomac, Maryland 20$54 301-230-5200 Fax 301-230-2891 Federal Tax ID No, 52-1008944 Indian River County, Florida 1840 25th Street Vero Beach, FL 32960 For Legal Services Rendered through 03/31/13 Re: 800 MHz Rebanding- DL8910427967 - FRA April 19, 2013 Invoice: 98602439 Client Number: 112451 Matter Number: 00002 Date Atty Description Hours 09/19/12 SS Review email from the TA re: status of closing 0.10 10/31/12 SS Email to Sprint re: status of closing; review Sprint's 0.50 response; review and forward Schedule D (Receipt of Equipment) to client; inform client of outstanding replacement equipment that needs to be returned to Abilene warehouse 11/01/12 SS Review email from Sprint re: equipment; email 0.30 response 03/14/13 SS Review email from the TA; research; email to client; 0.70 email to the TA Atty Rate Hours Value SS Shirley Sutton 175.00 0.90 157.50 SS Shirley Sutton 180.00 0.70 126.00 Current Fees 1.60 $283.50 Total Balance Due Upon Receipt $283.50 37 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator A MENT HEAD CONCURRENCE: Robert M. Keating, AICP; ommuni velopment Director THROUGH: Phil Matson, AICP; MPO Staff Director Pyl FROM: Brian Freeman, AICP; Senior Transportation Planner D 7::: - DATE: May 31, 2013 SUBJECT: Request for Authorization to Submit an Application for 49 USC CH. 53, Section 5311 Transit Operating Assistance Funds for FY 2013/14 It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 11, 2013. DESCRIPTION & CONDITIONS For the past several years, the County has applied for and received transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas (Section 5311) funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine Route #10) and demand -response service (Community Coach), both of which are operated by the Senior Resource Association (SRA). For FY 2013/14, $64,110 in Section 5311 funds is allocated to the county. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $32,055 from the state Public Transportation Block Grant and $32,055 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. To apply for Section 5311 funds, the Board of County Commissioners FACommunity Development\Users\MPO\Transit\Grants\.5311\1314\bcc staff report application.doc 1 38 must adopt the attached resolution (Attachment #1), authorizing staff to submit the attached grant application to FDOT. A copy of the grant application is attached to this staff report (Attachment #2). ANALYSIS For FY 2013/14, the SRA has requested that the County apply for federal Section 5311 funds on the SRA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Community Coach fixed route and demand response services in rural areas of Indian River County. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2035 Long Range Transportation Plan. The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311(Nonurbanized Area) grant program. As indicated in the attached grant application, the total proposed budget amount is $128,220. Of that amount, the federal portion is $64,110. The match will consist of $32,055 in state Public Transportation Block Grant funds and $32,055 in local funds. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. FUNDING Funding in the amount of $32,055 is budgeted and available in the General Fund / Community Transportation Coordinator account. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 2013/14 Section 5311 grant application. ATTACHMENTS 1. Authorizing Resolution for the Submission of a Section 5311 (Nonurbanized Area Formula Grant) application for FY 2013/14 2. Section 5311 Grant Application for FY 2013/14 3. Grant Budget Form APPROVED AGENDA ITEM: Indian River Co, Approved Date Admin. LegalkJ - 13 Budget Irl ' j -13 Dept. Risk Mgr. F:\Community Development\Users\MPO\Transit\Grants\5311\1314\bcc staff report application.doc 2 39 RESOLUTION NO. 2013 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE SUBMISSION OF A FY 2013/14 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5311 PUBLIC TRANSIT OPERATING ASSISTANCE. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or Moving Ahead for Progress in the 21st Century (MAP -21) Act of 2012; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Indian River County — Senior Resource Association; and WHEREAS, Indian River County is eligible to receive Formula Grants for Rural Areas funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Community Development Director is authorized to file applications on behalf of Indian River County with the Florida Department of Transportation for public transit operating assistance as specified in the County's FY 2013/14 grant application under 49 USC Chapter 53, Section 5311. 2. That the Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Section 5311 grant application. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Wesley S. Davis Commissioner Peter D. O'Biyan Commissioner Bob Solari Commissioner Tim Zorc FACommunity Development\UsersWPO\Transit\Grants\531 IU314\application resolution.doc Page I of 2 Attachment 1 `� O RESOLUTION NO. 2013 - The Chairperson thereupon declared the resolution duly passed and adopted this 11th day of June , 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA L-02 Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Joseph E. Flescher, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 11th day of June 52013. Notary Public APPROVED AS TO LEGAL SUF ICIENCY SEAL: I/Xlan Polackwich, r. County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS am FACommunity Development\Users\MPO\Transit\Grants\5311\1314\application resolution.doc Page 2 of 2 41 w nnl 1/1w Tl/lwl On Version 7/03 Ar t L Wr I - FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier 5/31/2013 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre -application 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier P_ onstruction Construction bmwIL.on-Construction Non -Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Department: Indian River County Community Development Dept. Organizational DUNS: 079208989 Division: Metropolitan Planning Organization (MPO) Address: Name and telephone number of person to be contacted on matters involving this application (give area code) Street: Prefix: First Name: 1801 27th Street Brian City: Middle Name Vero Beach T County: Last Name Freeman Indian River County State: te: ip2960 a Suffix: Country: USA Email: bfreeman@ircgov.com 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) El R—©oao©o® (772) 226-1990 (772) 978-1806 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) F New Continuation IF! Revision B If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters.) ❑ ❑ Other (specify) 9. NAME OF FEDERAL AGENCY: Other (specify) Federal Transit Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: EN—K1 Fixed route and demand response transit service in nonurbanized areas and small urban areas of Indian River County (Name of Program): `owurbanized Area Formula Program 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Indian River County 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a. Applicantb. Project 07/01/2013 12/31/2014 FL -8 L-8 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE RDER 12372 PROCESS? a. FederalUU THIS PREAPPLICATION/APPLICATION WAS MADE a. Yes. 64,110 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON b. Applicant uv DATE: c. State UU 32,055 b. No. 171 PROGRAM IS NOT COVERED BY E. O. 12372 d. Local 32,055 n OR PROGRAM HAS NOT BEEN SELECTED BY STATE e. Other UU FOR REVIEW f. Program Income $ UU 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? 11 Yes If "Yes" attach an explanation. U No g. TOTAL $ 128,220- VU 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE TTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix First Name Middle Name M Robert Last Name Suffix Keating Title c. Telephone Number (give area code) imunity Development Director 772 226/1254 jnature of Authorized Representative Date Signed N/31/2013 Previous Edition Usable Authorized for Local Reproduction Attachment 2 Standard Form 424 (Rev.9-2003) Prescribed by OMB Circular A-102 WA EXHIBIT A-1 FACTSHEET The data below is for GoLine Route #10 (fixed route), which serves the rural Fellsmere community. At the North County Transit Hub, Route #10 passengers are able to connect with three other GoLine routes, which provide service to destinations in the communities of Sebastian and Vero Beach. • Estimates are acceptable. 43 IF GRANT IS CURRENTLY AWARDED X 1. Number of one-way passenger trips. 85,000 85,000 PER YEAR 2. Number of individuals served NA NA unduplicated (first ride per rider per fiscal year). PER YEAR 3. Number of vehicles used for this 1 1 service. ACTUAL 4. Number of ambulatory seats. 24 24 AVERAGE PER VEHICLE (Total ambulatory seats divided by total number of fleet vehicles) 5. Number of wheelchair positions. 2 2 AVERAGE PER VEHICLE (Total wheelchair positions divided by total number of fleet vehicles 6. Vehicle Miles traveled. 58,000 58,000 PER YEAR 7. Average vehicle miles 207 (weekdays) 207 (weekdays) PER DAY 124 (Saturdays) 124 (Saturdays) 8. Normal vehicle hours in operation. 10 (weekdays) 10 (weekdays) PER DAY 6 (Saturdays) 6 (Saturdays) 9. Normal number of days in operation. 6 6 PER WEEK 10. Trip length (roundtrip). 11.2 miles 11.2 miles AVERAGE • Estimates are acceptable. 43 PART B �. APPLIES TO ALL APPLICANTS FOR OPERATING ASSISTANCE FORM B-1 Transportation -related Operating and Administrative Expenses Name of Applicant: Indian River County Fiscal period from July 1, 2013 to June 30, 2014 Expense Category Total Expense FTA Eligible Expense Labor (501) 1,729,678 $ 67,997 Fringe and Benefits (502) 414,936 $ 16,312 Services (503) 108,898 $ 4,281 Materials and Supplies (504) 648,349 $ 25,488 Vehicle Maintenance (504.01) 240,000 $ 9,435 Utilities (505) 44,179 $ 1,737 Insurance (506) 286,770 $ - License and Taxes (507) 656 $ 26 -hased Transit Service 508) 5,000 $ - h*wcellaneous (509) 65,128 $ 2,560 Leases and Rentals (512) 1 9,794 $ 385 Depreciation (513) 1 $ - Total Expensesi- 3,553,388 1 128,220 (a) Section 5311 Grant Request Total FTA Eligible Expenses (from Form B-1, above) Rural Passenger Fares (from Form B-2) Operating Deficit [FTA Eligible Expenses (a) minus Rural Passenger Fares (b)] Section 5311 Request (No more then 50% of Operating Deficit) Grand Total Revenues (from Form B-2) $ 128,220 (a) - (b) $ 128,220 (c) $ 64,110 (d) $ 64,110 (e) Note: If Grand Total Revenues (e) exceeds FTA Eligible Expenses (a), reduce Section 5311 request (d) by that Amount. '""' APPLIES TO ALL APPLICANTS FOR OPERATING ASSISTANCE FORM B-2 Transportation -related Operating and Administrative Revenues Name of Applicant: Indian River County Fiscal period from July 1, 2012 to June 30, 2013 Operating Revenue Category Total Revenue Revenue Used As FTA Match Passenger Fares For Transit Services (401) Total = Rural = (b) Special Transit Fares (402) - - School Bus Service Revenues (403) - - Freight tariffs (404) Charter Service Revenues (405) - - Auxiliary Transportation Revenues (406) Non -Transportation Revenues (407) - - N... Total Operating Revenue $ - $ - Other Revenue Category Taxes Levied Directly by Transit System (408) - Local Cash Grants and Reimbursements (409) 621,301 32,055 Local Special Fare Assistance (410) - State Cash Grants and Reimbursements (411) 1,197,722 32,055 State Special Fare Assistance (412) - Federal Cash Grants and Reimbursements (413) 1,681,965 Interest Income (414) - Contributed Services (430) - Contributed Cash (431) - Subsidy from Other Sectors of Operations (440) 52,400 Total of Other Revenue $ 3,553,388 $ 64,110 Grand Total All Revenue $ 3,553,388 $ 64,110 (e) 45 0 GRANT NAME: 49 USC Ch. 53, Section 5311 (Formula Grants for Rural Areas) GRANT #: APT03 AMOUNT OF GRANT: $64,110 DEPARTMENT RECEIVING GRANT: Commurifty Development (pass through to Senior Resource Association) DNTACT PERSON: Phillip J. Matson PHONE #: (772) 226-1455 1. How long is the grant for? Eighteen Months Starting Date: July 1, 2013 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % Retirement Contributions 5. Grant match amount required: $ 32,055 Life and Health Insurance 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Match consists of $32,055 in County funds already budgeted for public transportation and $32,055 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? TOTAL (Attach a detailed listing of costs.) $ 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) $ Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $32,055 Signature of Preparer: Date: l' 3 Attachment 3 46 Grant Amount Other Matching Costs Match Total First Year $64,110 $ $32,055 in local funds & $32,055 in FDOT grants $128,220 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: l' 3 Attachment 3 46 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Office of Assistant County Administrator Department of General Services Date: June 3, 2013 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator Thru: Michael C. Zito, Assistant County Administrator/ Department of General Services From: Mike Redstone, Assistant Recreation Director Subject: Approval of State of Florida Special Olympics Aquatic Championship Meet Agreement for the Event to be held at North County Aquatic Center. M" M" BACKGROUND: The Indian River County Recreation Department will be hosting the State of Florida Special Olympics Aquatic Championship Meet at the North County Aquatic Center on October 5 and 6, 2013. This will be the 8h consecutive year the meet has been held here in Indian River County. This Special Olympics competition is a means to achieve physical fitness, self esteem, and life skills necessary to be productive, respected and contributing members of their communities. This two day event hosts over 300 athletes for both long and short course events. The event would not be possible without the contribution of over 400 volunteers from our community. Both the Indian River County Recreation Department and Special Olympics Florida, Inc. a Florida not-for- profit corporation desire to memorialize an agreement for the use of the North County Aquatic Center. RECOMMENDATION: Staff recommends that the Board approve the Agreement between Indian River County and Special Olympics of Florida for use of the North County Aquatic Center and authorize Chairman to sign. ATTACHMENT(S): • Agreement between Special Olympics Florida, Inc. and Indian River County for Use of the North County Aquatics Center. Approved Agenda Item BY O.,,) c,,a 60)) A I fiw Joseph A. Baird County Administrator FOR: June 11, 2013 I..W Indian River Co. Approved Date AdministrationkCounyA ttorneyBudget 7ss--11/1 De artmentRisk II ManagementDl-Iv FAAssistant County Administrator\AGENDA ITEMS\2013\BCC 06 JUN 2013\Memo - Special Olympic Meet in October 2013.doc 47 AGREEMENT BETWEEN SPECIAL OLYMPICS FLORIDA AND INDIAN RIVER COUNTY FOR USE OF THE NORTH COUNTY AQUATICS CENTER This Agreement dated this day of , 2013, between Special Olympics Florida, Inc., a Florida not for profit corporation, whose address is 1915 Don Wickham Road, Clermont, FL 34711 (Special Olympics) and INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose address is 1801 27th Street, Vero Beach, Florida 32960 (County) as of the date set forth below as the effective date (the effective date). WHEREAS, Indian River County owns and operates the North County Aquatics Center located at 9450 95th Street, Sebastian, Florida; and WHEREAS, Special Olympics Florida was founded in 1972, and provides year-round sports training and competition to over 18,000 children and adults with intellectual disabilities, at no cost to the athlete or their caregiver, and WHEREAS, Special .Olympics. competitions are a means to achieve physical fitness, self-esteem and the life skills necessary to be productive, respected and contributing members of their communities; and WHEREAS, Special Olympics holds an annual State Championship swim meet; and WHERE -AS, for the past several years, Special Olympics has held the State Championship swim meet at the North County Aquatic Center; and WHEREAS, Special Olympics, the County, competitors and their Families have been immensely satisfied with participation, volunteerism, location and quality of the swim meets and facilities at North County Aquatic Center; and WHEREAS, the parties. desire to memorialize the agreement for use of the North County Aquatic Center for the mutual benefit of the parties, NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, the parties agree as follows: 1. The recitals set forth above are true and correct and incorporated by reference herein. 2. This Agreement shall encompass years 2013, 2014, and 2015 and by mutual agreement of the parties may be extended for additional three year terms. 3. The County agrees to reserve the North County Aquatic Center for the exclusive use of Special Olympics the first and, in case of inclement weather, the second weekends of October 2013, October 2014 and October 2015 for use by Special Olympics for their State Championship swim meet. The County shall also supply for the meet the following: A. Sufficient life guards and staff necessary for the safe and efficient operation of the pool during the swim meet. B. Provide for Indian River County Emergency Medical Services personnel to be on site during the meet and opening ceremony. C. Sufficient bleachers as may safely fit at the Aquatic Center for athletes and spectators. D. A timing system for use during the swim meet. E. The County will coordinate the location of the opening ceremony. F. Radios for communication purposes; for management personnel for the meet. G. Ice for the meet from the existing dispenser on site and potential use of the ;ce machine from the neighboring school. H. Primary use of the parking area. I. Contacts for Food services = dinner contacts and coordination. J. Recruitment of the USA Swimming officials " for the meet and equipment. K. Recruitment of the volunteers for the meet. L. Stopwatches for back-up timing purposes. M. Copier for the use of Special Olympics as needed. N. Emergency Ievacuation systems and equipment (as existing at the County facility). O. Physical disability lift chair for the pool. P, Exclusive use of the meeting room. Q. Law Enforcement officers R. Extension cords, powerstrips and cabling for the timing systems. S. Assistance with the set-up and location of the tents, tables and chairs. T. Recruitment of the scoreboard operator and event announcer. U. Scoreboard and sound system for the meet. V. Exclusive use of the venue during the event (including the side -pool for the walking events). 4. During thie course of the swim meet, Special Olympics will provide the following: A. A scor:�, board operator and event announcer B. Payment to the USA Swimming meet officials C. Payment of the scoreboard operator and event announcer. D. Tents, tables and chairs sufficient for registration or other administrative duties necessitated by the swim meet E. Sound equipment needs for the awards area F. Signage and any awards given to the participants G. A DJ or announcer for the Opening Ceremony H. Food and water for athletes, coaches, staff and volunteers 1) ELI] Special Olympics will be responsible for set up of the tents, tables and chairs, their delivery and breakdown before and after the meet. The County will assist with location and set up. 5. Special Olympics will coordinate with the Treasure Coast Sports Commission to reserve hotel space for the athletes, parents and coaches. 6. Not less than 30 days prior to the swim meet, Special Olympics will supply proof of insurance to the County, attention Dave Smith. The coverage provided shall be. as follows: Liability Insurance Company: The insurance company must have a rating by A.M. Best Company of at least A:V. Minimum dollar amount and types required: Five Million Dollars ($5,000,000) general liability and Five Hundred Thousand Dollars ($500,000) auto liability. The county shall be named as an additional insured on all required insurance. 7. In order to supply sufficient lifeguards and staff for the swim meet, Special Olympics shall provide the County .with a good faith estimate of the number of participants 14 days in advance of the date of the opening ceremony for the meet. 8. To help off -set the cost of swim meet, Special Olympics shall pay to the County the sura of $375.00 for 2013 and $750.00 each year after that the State Championship swim meet is held at the North County Aquatic Center. Payment shall be made 30 days prior to the date of the opening ceremony for. that particular year. ,"NW 9. If Special Olympics does not pay all fees and provide all necessary insurance certificates within the times specified herein, this Agreement shall be void. 10. Indemnifications arid. Waiver of Claims. Special Olympics assumes all risks and agrees to indemnify fully and save and hold harmless the County, its officers, employees, and agents, against all claims, damages, losses, judgments, liabilities, accidents or injuries to person(s) or property, and causes of action, including reasonable attorney's fees and court costs, arising out of, or caused directly or indirectly, by conduct, acts, omission, or negligence of any participants in the event, Special Olympics, its visitors, agents, and employees. The County, its officers, employees, and agents, shall riot be liable for, and Special Olympics hereby releases all claims for, damages to, or loss of, personal property sustained by Special Olympics, its visitors, agents, and employees, or any person claiming by or through Special Olympics, resulting from any fire, accident, occurrence, theft, or condition in or upon the Facility or the North County Regional Park facilities of which it is a part, or of adjoining or contiguous properly, facilities, or buiidii cgs, provided such are not due to the sole negligence of County, its officers, agents or employees. 93 50 11. Cancellation. This Agreement is subject to cancellation by either Special Olympics or the County, provided written notification is received by the non - canceling party 60 days prior to the opening ceremony, without penalty or obligation on the part of the cancelling party. 12. Facility Unavailability Disclaimer. The County assumes no responsibility. for circumstances that may require the closing of the facility due to conditions that would render it unfit for public usage due to inclement weather, state health department or other regulatory agencies' requirements. In the event of such occurrence, it is the responsibility of Special Olympics to obtain alternative facilities and the County would refund any fees for unused full days only. (no partial day refunds), and thereupon the County shall have no further liability to Special Olyrnp.ics. 13. Approval. The County Administrator shall have the final recommending authority on this Agreement. 14. Governing Law.. The laws of the .State of Florida shall govern this Agreement and any and all legal action instituted because of this Agreement shall be instituted in Indian River County for all court matters,:and in the Southern District of Florida for all federal court matters. 15. Entirety of Agreement. This Agreement incorporates and includes all prior and ernporaneous negotiations, correspondence, conversations, agreements, or understandings cable to fhe matters contained herein and the parties agree that there are no cornmitments, or understandings of any nature whatsoever concerning the subject matter of this Agreement that are not contained in this Agreement: No supplement, modification, or amendment to this Agreement will be binding unless signed in writing by the County and the Applicant. 16. Severability. In the event any of the provisions of this Agreement are deemed to be enforceability of the remaining provisions of this Agreement shall not be affected. IP,I V`VITNESS WHEREOF, the Board of County Commissioners and Special Olympics Florida, Inc. have caused this Agreement to be executed by their respective duly authorized officers. SPECIAL OLYMPICS FLORIDA, INC. By: BOARD OF COUNTYOMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: 4 51 Its: lftw- Date Signed: Joseph E. Flescher, Chairman Approved: ATTEST: Jef,:,ey R. Smith, Clerk Approved: And Comptroller By: 40, Deputy Clerk J<'Qtseph A. Baird, nty Administrator Approved as to form and legal sufficiency: iiliam K. DeBraal Deputy County Attorney 5 52 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird County Administrator D TMENT HEAD CONCURRENCE: Robert M. Keating, AICP J 7 Community Development Director FROM: Sasan Rohani, AICP'a Chief, Long -Range Planning `"' DATE: June 3, 2013 SUBJECT: CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS PROPERTIES FOR AFFORDABLE HOUSING It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 11, 2013. BACKGROUND In 2006, the legislature passed HB 1363 relating to affordable housing. According to that bill, each county shall, by July 1, 2007, and every 3 years thereafter, prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable housing. The inventory list must include: ■ Address of each parcel ■ Legal description of each parcel (property tax I.D. number) ■ Indication if the property is vacant or improved ■ Indication if the property is appropriate for affordable housing 53 As per Section 125.379 (1), F.S., the governing body of the county must review the inventory list at a public hearing and may revise the list at the conclusion of the public hearing. The Board shall then adopt a resolution that includes an inventory list of county owned surplus properties that are appropriate for affordable housing. According to Florida Statutes, the properties on the list that are identified as surplus county owned properties and are appropriate for use as affordable housing may be: Sold to generate funds for the provision of affordable housing Sold with a restriction that requires the development of the property as permanent affordable housing, or Donated to non-profit housing organizations for the construction of permanent affordable housing Consistent with 125.379(1), F.S., the county, in 2007, prepared an inventory of all county owned properties, identified which properties were appropriate for affordable housing, and held a public hearing to review the inventory list. At that public hearing, the BCC agreed with staff s determination that the ten county owned properties that were not designated for a specific use were appropriate for affordable housing. The BCC also voted to donate the properties to eligible non -profits for the provision of affordable housing. Subsequently, the ten properties were conveyed to three non -profits. Those were Habitat for Humanity, the Coalition for Attainable Homes, and Every Dream Has A Price. Of the ten properties, three lots were returned to the county by Every Dream Has A Price because they were unbuildable, and the three properties that were donated to the Coalition for Attainable Homes were transferred to Habitat for Humanity in 2011. Both Habitat for Humanity and Every Dream Has A Price have constructed housing units on several of the donated properties. As of this time, Habitat for Humanity has not yet built on the three lots that were transferred to Habitat from the Coalition for Attainable Homes. In 2010, the Board of County Commissioners reviewed an updated property inventory compiled by staff. That inventory identified two properties as surplus and appropriate for affordable housing. After considering the inventory, the Board of County Commissioners directed staff to sell the two properties and contribute the sale proceeds to the County's affordable housing (SHIP) trust fund. Those two properties have not been sold yet. DESCRIPTION AND CONDITIONS To comply with the every three year requirement of 125.379(1), F.S., planning staff recently coordinated with the county's GIS manager and updated the county owned properties list. Using County Property Appraiser data, staff identified 458 county owned properties. After extensive research and coordination with other departments, planning staff identified the designated use for each of the properties on the list. Of the 458 county owned properties, most were obtained by the county for right-of-way, stormwater management, conservation, parks, or other county related uses. Based on its research, staff has determined that only eight out of the 458 parcels on the original list are not designated for any specific 2 54 public use. All of those eight properties are vacant single-family lots and are appropriate for affordable housing (Appendix A of the attached resolution). Of the eight properties on the list, one may not be buildable, since there is an encroachment by a neighboring church. The best use of that property would be for it to be sold to the neighboring church. Three of the other properties on the list were donated to Every Dream Has a Price as part of the 2007 inventory, and then they were returned to the county as not being buildable. One of the properties is being used by a neighbor for access to his house. The other lots appear to be buildable. Alternatives With respect to the referenced surplus properties, the Board of County Commissioners has the following choices: 1. To keep them for future use, or 2. To surplus them for the provision of affordable housing. Staff supports alternative number 2. Because each of the properties is a lot in a residential subdivision, those properties are not conducive for any standard public use. Consequently, the county does not have any reason to retain those properties. On the other hand, there is a great demand for affordable housing. If the Board decides to surplus the subject properties for the provision of affordable housing, then there are three options available. Those options are: 1. Sell the properties and contribute the proceeds to the county's affordable housing trust fund (SHIP Trust Fund), or 2. Sell the properties with a deed restriction that requires that the properties be developed as permanent affordable housing, or 3. Donate the properties to non-profit housing organizations to construct affordable housing units with deed restrictions to ensure that the properties are maintained as permanent affordable housing. Staff supports option number 1. ■ Option 1 Option one is the easiest to implement because it does not require long term monitoring. With that option, funds derived from selling the properties would be deposited in the county's affordable housing trust fund and used for affordable housing program activities such as downpayment and closing cost assistance or rehabilitation assistance. Over the last twenty years, the county's affordable housing program has been extremely successful, providing assistance to 1,568 very low, low, and moderate income households. Most of that assistance has been provided in the form of downpayment and closing cost loans and rehabilitation loans. With that program, the process for providing assistance is already established and only limited monitoring is required. 3 55 The downside of that option is that the housing market is depressed, vacant property is not selling, and prices are down. So even if all of the lots sold, the yield from the sales will probably be low. ■ Option 2 In contrast to option 1, option 2 is difficult to implement. With option two, the county would need to coordinate with lot buyers to ensure that lots are developed with affordable housing units and to structure resale restrictions. Then a process would need to be established to monitor all subsequent transactions to ensure that the assisted units remain affordable and that new buyers are income eligible. ■ Option 3 With option 3, there would be monitoring and other issues similar to those referenced in option 2. Another challenge with option 3 is actually getting houses constructed on the lots. That is illustrated by the 2007 decision to surplus lots to non -profits. In that case, some of the donated lots have not been built on as of yet, while some of the other lots were returned to the county. Therefore, staff feels that option 3 is not a good alternative. Even though option 3 is not the preferred option, staff submitted the 2013 list of county owned surplus lots to Habitat for Humanity (HFH) and Every Dream Has A Price (EDHAP) to determine if they were interested in the lots. Both of those organizations indicated that they do not want those lots. Among the reasons cited by HFH and EDHAP for not wanting the lots were the following: 1. The Lincoln Street lot contains an encroachment by neighboring church to the west. 2. The 1016 Booker Street lot is only 0.10 acre, too small for a septic system (need 0.25 acre). 3. The 116 N. Hickory Street lot is only 0.14 acre, too small for a septic system (need 0.25 acre). 4. The 4256 25th Avenue lot contains a flow well that has been temporarily plugged and will cost $10,000 to seal. 5. The 4265 24th Court lot is being used by a neighboring property owner to access his house. Although some of the eight surplus lots have building constraints, the properties could still have value to potential buyers. In some cases, those buyers could be adjacent property owners or others who see value in the properties. For that reason, staff supports option 1. RECOMMENDATION Staff recommends that the Board of County Commissioners review the attached list, make any appropriate changes, and approve the attached resolution accepting the list of county owned surplus properties that are appropriate for the provision of affordable housing. Also, staff recommends that the Board direct purchasing department staff to sell those properties and contribute the sale proceeds to the county's affordable housing (SHIP) trust fund for the provision of affordable housing through the county's existing established affordable housing program. 4 56 Attachments 1. Copy sections 125.379 and 420.0004 of the Florida Statues 2. Copy of the resolution containing a list of county owned properties which are appropriate for provision of affordable housing Approved Agenda Item: By: Fp : v U Indian River Co. Appr d Date Admin. Legal Budget Dept. b s/ (4,h, Risk Mgr. F:\Community Development\COUNTY OWNED LANDS\2013\BCC STAFF REPORT affordable housing surplus land 6-11-13.doc 57 125.3 79 - - 2012 Florida Statutes - The Florida Senate The Florida Senate Page 1 of 1 2012 Florida Statutes TITLE XI COUNTY ORGANIZATION AND CHAPTER 125 INTERGOVERNMENTAL RELATIONS COUNTY GOVERNMENT VIEW ENTIRE CHAPTER 125.379 Disposition of county property for affordable housing.— (1) By July 1, 2007, and every 3 years thereafter, each county shall prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable housing. The inventory list must include the address and legal description of each such real property and specify whether the property is vacant or improved. The governing body of the county must review the inventory list at a public hearing and may revise it at the conclusion of the public hearing. The governing body of the county shall adopt a resolution that includes an inventory list of such property following the public hearing. (2) The properties identified as appropriate for use as affordable housing on the inventory list adopted by the county may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing. Alternatively, the county may otherwise make the property available for use for the production and preservation of permanent affordable housing. For purposes of this section, the term "affordable" has the same meaning as in s. 920.0004(3). History.—s. 1, ch. 2006-69. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright 02000- 2013 State of Florida. http://wNw.flsenate.gov/Laws/Statutes/2012/125.379 C n. � 5" 420.0004 - - 2012 Florida Statutes - The Florida Senate The Florida Senate 2012 Florida Statutes TITLE XXX CHAPTER 420 VIEW ENTIRE CHAPTER SOCIAL WELFARE HOUSING 420.0004 Definitions.— As used in this part, unless the context otherwise indicates: Page 1 of 2 (1) "Adjusted for family size" means adjusted in a manner which results in an income eligibility level which is lower for households with fewer than four people, or higher for households with more than four people, than the base income eligibility determined as provided in subsection (9), subsection (11), subsection (12), or subsection (17), based upon a formula as established by the United States Department of Housing and Urban Development. (2) "Adjusted gross income" means all wages, assets, regular cash or noncash contributions or gifts from persons outside the household, and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development, adjusted for family size, less deductions allowable under s. 62 of the Internal Revenue Code. (3) "Affordable" means that monthly rents or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households as indicated in subsection (9), subsection (11), subsection (12), or subsection (17). (4) "Corporation" means the Florida Housing Finance Corporation. (5) "Community-based organization" or "nonprofit organization" means a private corporation organized ander chapter 617 to assist in the provision of housing and related services on a not-for-profit basis and which is '"""acceptable to federal and state agencies and financial institutions as a sponsor of low-income housing. (6) "Department" means the Department of Economic Opportunity. (7) "Disabling condition" means a diagnosable substance abuse disorder, serious mental illness, developmental disability, or chronic physical illness or disability, or the co -occurrence of two or more of these conditions, and a determination that the condition is: (a) Expected to be of long -continued and indefinite duration; and (b) Not expected to impair the ability of the person with special needs to live independently with appropriate supports. (8) "Elderly" describes persons 62 years of age or older. (9) "Extremely -low-income persons" means one or more natural persons or a family whose total annual household income does not exceed 30 percent of the median annual adjusted gross income for households within the state. The Florida Housing Finance Corporation may adjust this amount annually by rule to provide that in lower income counties, extremely low income may exceed 30 percent of area median income and that in higher income counties, extremely low income may be less than 30 percent of area median income. (10) "Local public body" means any county, municipality, or other political subdivision, or any housing authority as provided by chapter 421, which is eligible to sponsor or develop housing for farmworkers and very - low -income and low-income persons within its jurisdiction. (11) "Low-income persons" means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for touseholds within the state, or 80 percent of the median annual adjustedgross.i>ncome for households within the httn•/Axnznu flePnatP anv/T 7Ia7n nnnn 59 r /n/nni n 420.0004 - - 2012 Florida Statutes - The Florida Senate Page 2 of 2 metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. (12) "Moderate -income persons" means one or more natural persons or a family, the total annual adjusted gross household income of which is less than 120 percent of the median annual adjusted gross income for households within the state, or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. (13) "Person with special needs" means an adult person requiring independent living services in order to maintain housing or develop independent living skills and who has a disabling condition; a young adult formerly in foster care who is eligible for services under s. 409.1451(5); a survivor of domestic violence as defined in s. 741.28; or a person receiving benefits under the Social Security Disability Insurance (SSDI) program or the Supplemental Security Income (SSI) program or from veterans' disability benefits. (14) "Student" means any person not living with his or her parent or guardian who is eligible to be claimed by his or her parent or guardian as a dependent under the federal income tax code and who is enrolled on at least a half-time basis in a secondary school, career center, community college, college, or university. (15) "Substandard" means: (a) Any unit lacking complete plumbing or sanitary facilities for the exclusive use of the occupants; (b) A unit which is in violation of one or more major sections of an applicable housing code and where such violation poses a serious threat to the health of the occupant; or (c) A unit that has been declared unfit for human habitation but that could be rehabilitated for less than 50 percent of the property value. (16) "Substantial rehabilitation" means repair or restoration of a dwelling unit where the value of such repair ,O—or restoration exceeds 40 percent of the value of the dwelling. (17) "Very -low-income persons" means one or more natural persons ora family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. History.—s. 2, ch. 88-376; s. 1, ch. 89-121; s. 13, ch. 90-275; s. 72, ch. 2000-153; s. 36, ch. 2004-357; ss. 44, 53, ch. 2006-26; s. 14, ch. 2006-69; s. 323, ch. 2011-142; s. 7, ch. 2011-189. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2013 State of Florida. r F AlTAQhli``t � htti)://www.flsenate.i2ov/Laws/Stntiitec/'?nl?/d?n nnna RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE LIST OF COUNTY OWNED PROPERTIES APPROPRIATE FOR THE PROVISION OF AFFORDABLE HOUSING AND PROVIDING FOR THE DISPOSITION OF THOSE PROPERTIES WHEREAS, Section 125.379, Florida Statutes, states that by July 1, 2007, and every 3 years thereafter, each county shall prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable housing; and WHEREAS, county staff has compiled a list of the 458 properties currently (2013) owned by the county and has identified the designated use for each of those properties; and WHEREAS, county staff has determined that only eight (8) of the properties on the list are available for surplus and are appropriate for affordable housing. NOW THEREFORE, BE IT RESOLOVED by the Board of County Commissioners of Indian River County, Florida that: Section 1. The above recitals are ratified in their entirety. Section 2. The Board of County Commissioners hereby adopts the attached list of county owned surplus properties which are appropriate for the provision of affordable housing (Appendix "A") and directs purchasing division staff to sell those properties and contribute the sale proceeds to the county's affordable housing (SHIP) trust fund for the provision of affordable housing through the county's existing established affordable housing program. ATTR �HMENT 2 ;; 61 RESOLUTION NO. 2013 - The foregoing resolution was offered by Commissioner , and seconded by Commissioner , and being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Bob Solari, Commissioner Tim Zorc, Commissioner Peter O'Bryan, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this 11th day of June 2013 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph E. Flescher, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller APPFilliam RM L SUFFICIENCY BY: County Attorney APPROVED AS TO PLANNING MATTERS Robert 1A. Keating, AICPI CommyrTity Development Director FACommunity Development\COUNTY OWNED LANDS\2013\Resolution affordable housing surplus land.doc p ATTACRANT 62 M 0 N dF _LL 63 _0 a c C c C c C c C Z. N N N N a y 0 N y N N N N N y 3 UU U U U U U U L O p U 2— Qa O Q O CL a- O Qd_ O a!d: O -0-LL_ O -a a- O -0- � a y 0 2 -0S -a 2 -0 S -a 2 -0 I -0 I •a 2 O V) cc6 U) c06 U) c04 U) U) c06 U) cab V) m U) M -a L C C fA 0) C C C C C o C M 4) 0 J O a� p 0 a 0 a N N p O 0 7 'O '0 .N 'O •0 'a•� 'a.N .N .w •0 Va O 0 0 0 0 N L (D Q U� U) U) V) 'a -C U) 'a LCD U) -0 L (n 'a L O U) -0 O U) U a) (D N O N N �.. E 'O 0 N O O O y- C N O fl. X X X ,Q C ,L 3 C (II 3 Y c ,N C )_ 3 y C 0 3 LF c6 f0 c6 - O Q) 0 c E 0 �0 0 C 3 0 c a w Z w N 0 ">' N w N to O fll N c c E O 0 V 0 '" .T. C w p 0 C .L-. N C E 0 C0 ca a) C, M Np 0 M �o 0 a) O"NO O r- -a Oa LO ^ Oa �� Oa 'y U U U U) c E O c Q C, c .2 O C— Q O C ++ Q 7 0 to fn N C U N c0 a N�= N m -0 N� D LO- !E W W W E Nco p 7 p 0 7 N O 7 E O 760 7 i6 W c c c a L vUi E �a0�Q-oEY�a =-aCEt:,ac �� U U U O f6 ] C w 3 0 0 (B O O@ a O O U N fy N U a_ h W Q f4 a. 0) d fn w Q a. U) Q a- 0 ; Z O ly- 0� cr r c 0 m m m m m coo m cc U> > > > > > > > > c O 41 N N N U ca U) E fn E co E 0) c c C C C •L _ Ii li _ U- U M U U U M U U N O O N N _ N 7 N a) y Y Y > Q 0 U > Q > Q > Q Q U) O m Z N N c M c M L N O O In to In CO) -i 'IT d �t O O O O O O 1 O (O tt r N 00 - r- r O O O O O O O O O O O OO O O O O O O O O O O OO LO O OO Cl) O LO V OOO O O O O O O O O O O O O O OO O O OOO 0 N N N N O O N O i h Cl) i� M � Cl) o) M 6 Cl) d) Cl) o) Cl) � N NN N N O. Cl) Cl) Cl) Cl) Cl) M M Cl) r N M It p p co I- OD N N dF _LL 63 County Owned Surplus Lands Background In 2006, the legislature passed HB 1363 relating to affordable housing According to that bill, each county shall, by July 1, 2007, and every 3 years thereafter, prepare an inventory list of all county owned lands that is appropriate for use as affordable housing ID.A.I. �;3- 1 Options According to Florida Statutes , the surplus county owned properties may be: Sold to generate funds for the provision of affordable housing Sold with a restriction for development of the property as permanent affordable housing, or Donated to non-profit housing organizations for the construction of permanent affordable housing Past Actions County prepared list of county owned lands in 2007 and 2010 - In 2007 donated lands to non-profit housing organizations HFH and EDHP built on some of those lots Some of the lots were returned as not being buildable 63- 2 2013 County Owned Lands Staff coordinatedwith the county's GIS manager and updated the 2013 county owned properties list Using County Property Appraiser data, staff identified 458 county owned properties. Most of properties were obtained by the county for right-of-way, stormwater management, conservation, parks, or other county related uses County Oened Surplus Lands Only ej3ht out of the 458 parcels on the original list are not designated for any specific public use All of those eight properties are vacant single-family lots and are appropriate for affordable housing 63-3 Map of Surplus Land in Fellsmere Area Appendix A - Indian River County Owned Surplus Properties Site Location: Map Fellsmere Area Map of Surplus Land in Gifford Area Appendix A- Indian River County Owned Surplus Properties Site Location: Map Central County 63-4 The Lincoln Street lot contains an encroachment by neighboring church to the west The 1016 Booker Street lot is only 0.10 acre, too small for a septic system (need 0.25 acre) 63.5 The 116 N. Hickory Street lot is only 0.14 acre, too small for a septic system (need 0.25 acre) The 4256 25th Avenue lot contains a flow well that has been temporarily plugged and will cost $10,000 to seal 63. 6 The 4265 24th Court lot is being used by a neighboring property owner to access his house 63-7 63- $ Recommendation Staff recommends that the BCC: ki Review the list, make any appropriate changes, and approve the attached resolution Direct purchasing department staff to sell those 8 properties and contribute the sale proceeds to the county's affordable housing (SHIP) trust fund 63- 9 c N 63_] 0 (D CIL N PINE ST B N HICKORY ST 0 0 > 0 -n N MULBERRY ST "--' 0 3 (D 4 CD N WILLOW ST — --- - --- _- 0 0 c N 63_] 0 P.O. Box 1268 Vero Beach, Florida 32961 562-2315 vilkft` UD COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Debbi Vickers who on oath says that she is Manager Display Advertising of the Press Journal, a daily newspaper published in Indian River County, Florida; that billed t0 y j. was published in said newspaper in the issue(s) of i�1 /tom 27" " Sworn to and subscribed before me this Ll jL\ day of i! �1THERINE POLICARE ITO !`%� C0mm# DD090 W � " Expires 9/25/2013 , c Fiodda Notary Am, Inc A -D. 2c» Advertising Manager 63-l.:)- I��� for Active & Retired Military, and their'' immediate I Pil.1 Air Conditioning and Duct Inspection ($129.95 Value) families �F3 c 5(IO c)fi or I rear= ov I Imh with any New Complete *Now thru 6/30/13 System Replacement Must present military ID. any Service Repair . u y(Not to be combined with any other diseoe rt) Call `,362- 1{Cit) Today! Your Income Specialist Stock < Bolick • N/lutual Funds 7 u CD's • IRA's . Llfc Insurance �1` w ANDERSON WEALTH MANAGEMENT 1515 Indian River Blvd„ Stifle A2-13 978-0404 Serving Indian Ricer County since 19913 ww"v.Andei sonNVM.cotn Bob �, Anderson, Wi IS s.�ndli11-J lhmneh H:�dr„r Flnontial sen -, I Mkn,kr I yR v P .Wrnid nna,d Aor'nnr Sit'( clanIn R }m�mdJam . @:A .nfuua_I1 . AI,mlei rf'�u,vsfl'C � o t OF% MIS LAMINATE OR'ERAMIC Y y r IL SUFI. 31NSTAILED BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION FOR THE DISPOSITION OF 2013 COUNTY SURPLUS PROPERTIES FOR AFFORDABLE HOUSING NOTICE 1S HEREBY GIVEN that the Board of County ConlmlSSIOnCIS of Indian River Count)Florida, shall hold a puhlic hearing to consider the i cloption of a C011111) resolnlion for the disposition of 2013 county o4fricd surplus lands for af- fordable housing, a( its regular mcetinL' held ou TLicsduy lune 11, 2013 ,n 9:00 a.m. or as soon Ihercaftcr as the matter may tie heard, in the County ConunissioIl Chambu's of County A(Iminislration L'uilding A. loaned at IWI 271h Slrecl, Vero Beach, Florida, All interested persons ,,Ile invited to attend and he heard The list of county okcned lands stay be inspected by the public al the Conumunill Doclopircm Department located on (11Cfirst Moor of County Administration Building A located at 1801 27th Street, Vero Leach- Florida hcmccti the hours of 8:30 a.m. and 5:00 p.mon weekdays. For more informalion, contact the Lon_r Ramx Planning Section al (772) 226-1250. Amendments to the proposed resolution may he made by the Board of County Commissioners at the public henna ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH \,LAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF Tl -IE PROCEEDINGS IS \,IADI:, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. . ANYONE WHO NEEDS A SPECIAL, ACCOM\IODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACC COORDINATOR _AT (772) 226-1213 (TDD# 772-770- 5215), AT LEAST d8 HOURS 1N ADVANCE OFTHE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By:.foseph E. Flcschcr, Chairman SIEMENS STARKEY REXTON JAMES CESIRO/OWN H.A.S., BC -HIS My Hearing Aids Fit "I've been wearing (nearing aif from Mild T® Severe over 30 years, and I I 1vhic can and coi�l't do! Yon 1011 allla Hearing Loss i1 stroigh( from ine.” Hello-, 1"t -all Jim Cesiro, Board Certified in Hearn Nobody Beats Price, Let -e I,,. F my you bawft(Ck r'�Did you kn WiFi Hearing Aids can communicate with CELL PHONE, AND BLUE TOOTH, Many of n with this Technology and would like to share it hearing, rigid: through the hearing aids, than dig exactly. That's what you can expect when you c hearin aids and is Nationally Board Certified Manufacturers need to "SELL ME" befor( Call today for appointment ft "Where honest service & technology i r. 21 10 eft AWc ,, ` e ra1 (just off Miracle Mile, on west side OI LJN: k1oll `I'l1xtt•s 9,1111 "l}11l A Hearu:g Aid Will idol Resmra Plounal Heann9, ploy Will It Prevenl Further Henning Loss. Tha Palienl And An; Otherreron Responstle F i rienf For Any Other Service, Eaamtnallon, Or rrealmenf That Is Performed As A Result Of And Wifhin 72 Hours Of Responding Ta The A G3T; INDIAN RIVER COUNTY, FLORIDA 1A R ;, MEMORANDUM TO: Joseph A. Baird; County Administrator DW4RTMENT HEAD CONCURRENCE: ertM. Keating, AI ; Co ity Development Director THROUGH: Phil Matson, AICP; MPO Staff Director (W " ' FROM: Brian Freeman, AICP; Senior Transportation Planner f DATE: June 3, 2013 SUBJECT: Request for Authorization to Submit an FY 2013 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 11, 2013. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received grant funds under 49 USC Ch. 53, Section 5307. Those funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed route) and the Community Coach (demand response) transit services. According to federal regulations, Section 5307 program grants may be used for the planning, acquisition, construction, improvement, and operating costs of facilities, equipment, and associated capital maintenance items used in mass transportation service. While operating expenses require a 50% nonfederal match, capital expenses require only a 20% nonfederal soft match (which effectively provides for 100% federal funding of capital expenses). In Indian River County, state toll revenue credits are utilized as a soft match to provide the required nonfederal share for the capital expenses portion of the Section 5307 grant. The use of a soft match eliminates the need for the County to provide a cash outlay for capital expenses. According to applicable regulations, toll revenue credits may be used as soft match only for the capital portion of a Section 5307 grant. For operating expenses, however, the nonfederal share is provided through a combination of local funds and Florida Department of Transportation (FDOT) public transit grant funds. FACommunity Development\Users\MPO\Transit\Grants\5307\2013\bcc staff report.doc 1 64 ANALYSIS For FY 2013, the SRA has requested that the County apply for federal Section 5307 funds on the SRA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Community Coach fixed route and demand response bus services. As proposed, the grant will allow the Senior Resource Association to leverage local and state funds to continue and expand needed public transportation services within Indian River County. A copy of the County's proposed FY 2013 Section 5307 grant application is provided in Attachment #1. As required by Federal Transit Administration (FTA) regulations, the attached grant application was prepared using FTA's Transportation Electronic Award and Management (TEAM) software. As it has in the past, the FTA requires grantees to utilize its TEAM software in the development, submittal, modification, and management of Section 5307 grants. As indicated in the attached grant application, the total proposed budget amount is $4,066,000. Of that amount, the federal portion is $3,100,000. That includes both capital and operating grant funds. Overall, the federal share of the proposed budget consists of $2,134,000 in capital expenditures and $966,000 in operating expenditures. For the nonfederal share of capital expenditures ($533,500), the County will use toll revenue credits as a soft match. Because a soft match is non-cash, this amount is not included in the project total. For the nonfederal share of operating expenditures (50%), the match will consist of $483,000 in FDOT grants and $483,000 from Indian River County. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. According to Section 5307 grant application requirements, the designated recipient (Indian River County) must hold a public hearing to obtain the views of citizens on the proposed grant application. In keeping with that requirement, staff has published a notice of the June 11th meeting and has scheduled this item as a public hearing. As a necessary prerequisite for submittal of this Section 5307 application, the MPO has included the proposed Section 5307 funding in its FY 2013-2017 Transportation Improvement Program (TIP). The proposed grant application is also consistent with the MPO's adopted ten year Transit Development Plan and 2035 Long Range Transportation Plan. To apply for Section 5307 funds, the Board of County Commissioners must adopt the attached resolution (Attachment #2), authorizing staff to submit the attached grant application. The resolution has been reviewed and approved by the County Attorney's Office. FUNDING Funding in the amount of $483,000 is budgeted and available in the General Fund / Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. FACommunity Development\Users\MPO\Transit\Grants\5307\2013\bcc staff report.doc 2 65 RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 2013 Section 5307 grant application. ATTACHMENTS 1. Indian River County FY 2013 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance 2. Resolution Authorizing the Filing of a 49 USC Ch. 53, Section 5307 FY 2013 Mass Transit Capital and Operating Assistance Grant Application 3. Grant Budget Forms APPROVED AGENDA ITEM: 9NO H i►94Ma MA Indian River Co, Approved Date Admin. Legal Budget Dept. Risk Mer. FACommunity Development\Users\MPO\Transit\Grants\5307\2013\bcc staff report.doc 3 View Print Page 1 of 4 DOT FTA U.S. Department of Transportation Federal Transit Administration Application Recipient ID: 5630 Recipient Name: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Project ID: FL-INDIANRIVER Budget Number: 1 - Budget Pending Approval Project Information: FY 2013 Capital & Operating Assistance Part 1: Recipient Information Project Number: FL-INDIANRIVER Recipient ID: 5630 Recipient Name: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Address: 1801 27TH STREET, VERO BEACH, FL 32960 3365 Telephone: (772) 226-1455 Facsimile: (772) 978-1806 Part 2: Project Information Project Type: Grant Gross Project Cost: $4,066,000 Project Number: FL-INDIANRIVER Adjustment Amt: $0 Project Description: FY 2013 Capital & Operating Assistance Total Eligible Cost: $4,066,000 Recipient Type: County Agency Total FTA Amt: $3,100,000 FTA Project Mgr: Tajsha Lashore 404-865- 5606 Total State Amt: $483,000 Total Local Amt: $483,000 Recipient Contact: Brian Freeman 772-226-1990 Other Federal Amt: $0 New/Amendment: New Amend Reason: Initial Application Special Cond Amt: $0' Fed Dom Asst. #: 20507 Special Condition: None Specified Sec. of Statute: 5307-2 S.C. Tgt. Date: None Specified State Appl. ID: None Specified S.C. Eff. Date: None Specified Start/End Date: - Est. Oblig Date: None Specified littDs://ftateamweb.fta.dot.v-ov/teamweb/Ai) Attachment 1 int/ViewPrintRes.asv?GUID=... 6/3/2013 67 View Print Recvd. By State: District Code EO 12372 Rev: Not Applicable Review Date: None Specified Planning Grant?: NO Program Date (STIP/UPWP/FTA Prm Plan) : Sep. 30, 2013 Program Page: 1340 Application Type: Electronic Supp. Agreement?: Yes Debt. Delinq. Details: Urbanized Areas UZA ID UZA Name 120000 FLORIDA Congressional Districts State ID District Code District Official 12 15 Dennis A Ross Pre -Award Yes Authority?: Fed. Debt No Authority?: Final Budget?: No Page 2 of 4 Project Details Funding is requested through Section 5307 for Fiscal Year 2013. The source of apportionment is the Florida Governor's Apportionment (GA) of Section 5307 funds. Attached is a copy of the GA for IFFY 2013. This grant will fund the purchase of security equipment, vehicle insurance, and preventive maintenance for rolling stock. All Intelligent Transportation Systems (ITS) equipment/components are compatible with both Regional and National ITS architectures. The total eligible cost is $4,066,000; of which the federal share is $3,100,000. Of this amount, the federal operating assistance is $966,000. The nonfederal portion of operating assistance is $966,000 and will be met through a combination of FDOT grant funds and local funds as approved by Indian River County. FDOT District 4 has authorized toll revenue credits in the amount of $533,500 in support of this application in the letter dated In accordance with federal regulations, a public hearing was conducted on June 11, 2013and advertised in advance. Attachments: Toll Revenue Credit Letter FY 2013 STIP Florida Governor's Apportionment for FY 2013 Earmarks No information found. https://ftateamweb.fta.dot.gov/teamweb/ApplicationsNiewPrintNiewPrintRes.asp?GUID=... 6/3/2013 68 View Print Securily Page 3 of 4 Yes — We will expend 1% or more of the 5307 funds in this grant application for security purposes. Please list security -related projects in the project budget and summarize them in the non -add scope code 991. Part 3: Budget Prnicrt Pi viriat https://ftateamweb.fta.dot.gov/teamweb/Applications/ViewPrintNiewPrintRes.asp?GUID=... 6/3/2013 69 Quantity FTA Amount Tot. Elig. Cost SCOPE 111-00 BUS - ROLLING STOCK 3 $1,119,000.00 $1,119,000.00 SCOPE 113-00 BUS - STATION/STOPS/TERMINALS 0 $10,000.00 $10,000.00 ACTIVITY 11.12.03 BUY REPLACEMENT 30 -FT BUS 3 $1,119,000.00 $1,119,000.00' 11.32.09 ACQUIRE - BUS ROUTE SIGNING 0 $10,000.00 $10,000.00 SCOPE 114-00 BUS: SUPPORT EQUIP AND FACILITIES 0 $340,000.00 $340,000.00 ACTIVITY 11.42.07 ACQUIRE - ADP HARDWARE 0 $10,000.00 $10,000.00 11.42.09 ACQUIRE - MOBILE SURV/SECURITY EQUIP 0 $30,000.00 $30,000.00 11.42.08 ACQUIRE - ADP SOFTWARE 0 $300,000.00 $300,000.00 SCOPE 117-00 OTHER CAPITAL ITEMS (BUS) 0 $475,000.001 $475,000.00 ACTIVITY 11.71.05 CONTRACT INSURANCE - 3RD PARTY 0 $250,000.00 $250,000.00 11.7A.00 PREVENTIVE MAINTENANCE 0 $225,000.00 $225,000.00 SCOPE 119-00 Bus Associated Transit Improvements 0 $190,00077 $190,000.00 ACTIVITY 11.92.02 PURCHASE BUS SHELTERS 0 $150,000.00 $150,000.00 https://ftateamweb.fta.dot.gov/teamweb/Applications/ViewPrintNiewPrintRes.asp?GUID=... 6/3/2013 69 View Print Page 4 of 4 11.92.08 PURCHASE SIGNAGE 0 $40,000.00 $40,000.00 SCOPE 300-00 OPERATING ASSISTANCE 0 $966,000.00 $1,932,000.00' ACTIVITY 30.09.01 UP TO 50% FEDERAL SHARE 0 $966,000.00 $1,932,000.00 . Estimated Total Eligible Cost: $4,066,000.00 Federal Share: $3,100,000.00 Local Share: $966,000.00 https:Hftateamweb.fta.dot.gov/teamweb/Applications/ViewPrintNiewPrintRes.asp?GUID=... 6/3/2013 70 RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE FILING OF A FY 2013 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE. WHEREAS, the Federal Transit Administration (FTA) is authorized to award Section 5307 grant funds for the implementation of a mass transportation program of projects; WHEREAS, Indian River County and the Indian River County Senior Resource Association utilize FTA Section 5307 funds to provide needed public transportation services within the County; and WHEREAS, in applying for FTA Section 5307 funds, Indian River County and the Indian River County Senior Resource Association will comply with all applicable federal regulations and requirements associated with the Section 5307 program. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Community Development Director is authorized to file applications on behalf of Indian River County with the U.S. Department of Transportation to finance and implement the capital and operating program of projects specified in the County's FY 2013 grant application under 49 USC Chapter 53, Section 5307. 2. That the Chairman of the Indian River County Board of County Commissioners, the County Attorney, and/or Community Development Director are authorized to execute, and the Community Development Director is authorized to file with such application, an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the County Attorney and/or the Community Development Director are authorized to execute grant agreements with the U.S. Department of Transportation to finance and implement the program of projects specified in the County's FY 2013 grant application under 49 USC Chapter 53, Section 5307. 4. That the Chairman of the Indian River County Board of County Commissioners is authorized to set forth and execute necessary Disadvantaged Business Enterprise (DBE) policies in connection with such application as specified in the County's adopted DBE plan and in accordance with the federal requirements of 49 CFR Part 26. 5. That the Indian River County Community Development Director is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the County's FY 2013 grant application under 49 USC Chapter 53, Section 5307. Attachment 2 FACommunity Development\Users\MPO\Transit\Grants\5307\2013\bcc resolution.doc Page 1 of 2 71 RESOLUTION NO. 2013 - THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairperson thereupon declared the resolution duly passed and adopted this 1 lth day of June , 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller IM Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Joseph E. Flescher, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 11th day of June , 2013. Notary Public APPROV D AS TO LEGAL S ICIENCY SEAL: BY: &4 ' Alan S. Polackwich, Sr. County Attorney APPROV�y AS TO COMMUNITY DEVELOPMENT MATTERS BY: J'Z' Robert M. Keating, ICP, D' c or Community Development artment FACommunity Development\Users\MPO\Transit\Grants\5307\2013\bcc resolution.doc Page 2 of 2 72 GRANT NAME: 49 USC Ch. 53 Sec. 5307 FTA Grant (Operating) _ GRANT #: N/A AMOUNT OF GRANT: $4,066,000 (Federal State and Local); $3,100,000 (Federal Section 5307) DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Phil Matson PHONE #: (772) 226-1455 1. How long is the grant for? One Year Starting Date: October 1, 2012 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X If yes, does the grant allow the match to be In Kind Services? Yes No Yes X No 4. Percentage of grant to match: 50% (applies to operating component only) Social Security 5. Grant match amount required: $966,000 Retirement Contributions 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Life and Health Insurance Local match consists of $483,000 County match already budgeted in general funds and $483,000 in FDOT grant funds Worker's Compensation 012.17 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ (Attach a detailed listing of costs.) $0 (Capital portion also being applied for) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) $ Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching Third Year TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $483,000 First Year Grant Amount Other Matching Costs Match Total $3,100,000 $ $483,000 in local funds & $483,000 in FDOT grants $4,066,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparers � Date: � 3 J"� 73 Attachment 3 V WA SCRIPPS TREASURE COAST ppn� "■ NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 SCRIPPS AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer INDIAN RIVER CO PLANNING Ad Pub Number Date Copyline 2520199 5/29/2013 PUBLIC HEARING SwoT to and subscriPed before me this day of, May 29, 2013, by who is SherriCipriani [X] personally known to me or [ ] who has produced as identification. Mary T. Byre f Notary Public N.Uene (NARY T BYRNE .= Notary Public - Stat® of Florida i" My Comm Expires Aug 2, 2014 t:ommEsslara EE 7134 e...• Po # 6-11-13 TRANSIT NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES ORIGINAL -13 C O a Q V w N c W Z 3 > O d C C I-4 i.r ) z i U. • H N 6--1 � - �3 •�. �"��" area ooa, un ulntH .______ days before your LESLIE LENNON An person THEREOF, AS RE- DATE OF THE LIS Any person claiming GENERAL VERO BEACH HIGHr with a disability who C L A M AN ; CORDED IN PLAT PENDENS MUST scheduled court ap Last Known Address a interest in the sur- JURISDICTION LANDS UNIT FIVE, needs any accommo- UNKNOWN TEN- BOOK 21 PAGES 3K'FIfE-.(+CLAIM WITH- pearance, or Immed Unknown plus from the sale if DIVISION ACCORDING TO THE dation in order to A N TSI O W N E R S pND.4...OF THE PUQ9,' 11N 8QQ tCLAI AFTER ately upon receiving Also Attempted Ar any, other than the CASE N0: PLAT THEREOF, AS Participate In this N/K/A DEBRA ED.- C;f�ECORD ,OF N:'.„,7HE5gLE...:y,,, NOTICEOFM this not hcation it the 270 COMMACK RD property owner as of 2012 CA 000639 RECORDED IN PLAT proceeding, you are GINGER, nine before the 1A, ISLIP, NY 11751 the date of the Lis 014A RIVER ❑❑tt11 Ae a fav tet to -.Fla =:R. scheduled BOOK 8, PAGE 56, entitled at no cast [o Defendantls). q9 NOTICE OF P appear- Also Attempted At: Pendens must f le a NATIONSTAR MORT- CA ,+` U F) t4'A-gl` T�ii . once is less than 7 4809 GRAND BLVD claim within sixty GAGE, LLC, OF THE PUBLIC RE- you, to the proves on BT kY`t�"j(n) HEARIN( Y CORDS OF INDIAN f certain ass stance. NOTICE OF SALE ggj( days; if you are hear- APT 14, NEW PORT (60) days after the Plaintiff, ANY PERSON CLAIM-?-F1gln'iYff's counsel Notice of has Ing r voice RICHEY, FL 34652 sale. RIVER COUNTY, Please contact Corrie LNG AN INTEREST fiereb des, nates its FLORIDA. Johnson, ADA Coor- NOTICE IS HEREBY y g hereby given paired, call 717. Current Residence ELIZABETH RODRI- a/k/a 1826 HIGHLAND dinator, 250 NW GIVEN IN THE SURPLUS primary mail ad - pursuant m FROM THE SALE, IF dress for the Board of C Pub: May 22, 29, 2D 73 Unknown Ronald R Wolfe & GUEZ, AS TRUSTEE n Order of Final purpos- Commission TCN2577320 Associates, P,L. OF THE SEBASTIAN 13 R S W , VER 0 Country Club Drive, ANY, OTHER THAN as f mail service BEACH, FL 32962 Suite 217, Port St. Summary Judgment Indian River i YOU ARE NOTIFIED P.O. Box 25018 A. RODRIGUEZ AND THE PRO PERTY :SFGBocaService IN THE CIRCUIT at public sale, to the Lucie, FL 34986, f Foreclosure dated OWNER AS OF THE @lo Florida to cc COURT OF THE 19TH that an action for Tampa, Florida CHRISTIAN D. highest and best bid- (772) 807-4370 at March 15, 2013, en- gs.com* submittal of ai Foreclosure of Mort- 33622-5018 PRUDEN REVO- DATE OF THE LIS JUDICIAL CIRCUIT, der, for cash, online at least 7 days before tered in Civil Case cation for an F IN AND FOR INDIAN gage on the follow- (813) 251-4766 CABLE L I V N G www.indianriver.realfo your scheduled court No. 31 2011 CAoo- PENDENS MUST Dated this _ day of 49 USC Ch. 5 Indescribed eclose.com, Indian a FILE A CLAIM WITH - 9 prop- By: Elisabeth A. Shaw TRUST, et.al.. 2013. RIVER COUNTY, rty: Defendant. ppearance, or im- 2907XXXXXX of the IN 60 DAYS AFTER SHAPIRO, fISHMAN tion 5307 Mas FLORIDA Florida Bar No. River County, Florida, mediate) Circuit Court f the sit Capital ant LOT 222, SECOND 04073 y upon re- THE SALE. &GACH, LLP CASE NO: REPEAT OFA POR- F101o1742 NOS NOTICE OF on June 17, 2013 at ceivin this notifica- Nineteenth Judicial ting Assts g •Pursuant to Fla. R. Attorneys for Plaintiff Gran[. A 31 -2012 -DA -001328 TION O F C A M - Requests far Accom- FORECLOSURE SALE 10:00 AM. tion if the time be- Circuit in and for In- Jud . Admin . 2424 North federal publi XXXXXX BRIDGE PARK, modations b Per- Any person claiming an fore the scheduled than River County, 2.516(b)It 11A), Highway, Ste 360 in Inter at which, Y interest in the surplus appearance is less Florida, wherein the plaintiff's counsel Boca Raton, Florida 'merest n ACCORDING TO THE sons with MY It li- NOTICE IS HEREBY from the sale, if an Clerk of [he Circuit zees shall he U.S. BANK NATION- MAP O R PLAT ties. If you are aper- GIVEN pursuant to a y, than 7 days; if you hereby designates is 33431 AL ASSOCIATION, other than the proper- are hearing or voice Court will s II to the pportunity THEREOF AS RE- son with disability Final Judgment f t when as of the hi primary mail ad- Telephone: heard will be h AS SUCCESSOR CORDED IN PLAT who needs y impaired, call 711. ghest bidder for or for the urpos- TRUSTEE TO BANK any ac- Foreclosure dated date of the is pendens Pub: May 22,29,2013 c sh on the 14th da p 15611998-6700 the Indian BOOK 13, PAGE(S) ommodation in or- MARCH 8, 2013, and Y Y es f mail service Fax: (5611998-6707 OF AMERICA, N. A. 59, 59A, AND 59B, der to 60doyleaclaimwithin TCN2517256 ( June, 2013, at County goo participate In entered in Case No. 60 da :SFGBocaService Email: AS SUCCESSOR TO PUBLIC RECORDS this roceedin 2012 CA 000639 of Ys after the sale. 50:00 a.m. at web- @logs,com• lu rte@lo s.com C... u Itfy Comm LASALLE BANK, a g' you its: https7/www.ind- 9a g ars the G OF INDIAN RIVER are ntitled, at o the Circuit Court f By: Commission N.A, AS TRUSTEE COUNTY, FLORIDA. cost to Douglas C. Zahm, P.A. tan-river.rea lfo r- pared this _day of Lucia rte, Es you, to the the Nineteenth Judi- gnated Email IN THE CIRCUIT a n, -,r tom, ale FOR THE HOLDERS has been filed against Desi 2013. o Baa#42532 bars of the I gains provision of certain i Circuit in and for Address: efilin @ COURT OF THE to the followin de- River Court[ q OF THE MERRILL 9 9 SHAPIRO, FISHMAN 1 0-20 5434 NOS y L Y N C H FIRST You and you are fe- assistance. Please Indian River County, dczahm.com NINETEENTH scribed property as istrati0, Build, FRANKLIN MORT- qui red to serve a contact Court Admin- Florida, wherein NA- 1242528th Street JUDICIAL CIRCUIT et forth in the Final &GACH, LLP Notice to Persons cared at 1801 copy of your written tration, 250 NW TIONSTAR MORT- North, Suite 200 IN AND FOR INDIAN Attorneys for Plaintiff with Disabilities: If GAGE LOAN TRUST, defenses, if an to it, Countr Club Drive, GAGE, LLC, is the RIVER COUNTY, Judgment, to wit: 2424 North Federal you are Street, Vonro B MORTGAGE LOAN y St. Petersburg, FL 337- LOT 10, BLOCK 249, Hi h a person Florida Jur ASSET-BACKED on Choice egal Suite 217, Port SL Plaintiff and ELIZA- FLORIDA g way,S[e 360 with a disability who 2013 at on AM 16 SEBASTIAN HIGH- Foca Raton, Florida needs CERTIFICATES, SE- Group, Attorney for Lucie, FL, 34986, 772- BETH RODRIG UEZ, CIVIL ACTION any accommo- Telephone No. LANDS UNIT 10, 33431 dation in order to Plaintiff, whose ad- 607-4370 at least 7 AS TRUSTEE OF THE CASE NO.: RIES 2007-FF2, dress is 1800 NW da before (727)536-4911 ACCORDING TO THE Tele The Indian F PLAINTIFF, Ys your SEBASTIAN A. ROD- Attorney for the 31 -2010 -CA -073980- PLAT RECORDED IN Phone; participate in this County Boar 49th Street, Suite scheduled court a RIGUEZ AND CHRIS- XXXXXX 1561) 998-6700 proceeding, you a VS. P- Plaintiff PLAT B 0 0 K 6 , Fax: (561) 998-6707 entitled, at no cost to Cos rte con mi: ESTATE OF PATRICK 120, FL Lauderdale, pearance, or immedi- TIAN D. PRUDEN g DIVISION: FL 33309 n or tel Y: isl Tara M. McDon- PAGES 37, 37A d. y upon receiving REVOCABLE LIVING old, Es Email: You, to the provision the submiaal of M. MALTFY, E7 AL. before JUNE 28, this notification if the TRUST; UNKNOWN quire PNC BANK, NATION- THROUGH 370, luga«e@logs.Com f certain assistance. DEFENDANTS. Florida Bar No. 43941 PUBLIC RECORDS USC Ch. 53, Se (1 2013, a date which is time before the SPOUSE OF ELIZA- 617110082 NOS AL ASSOCIATION, OF INDIAN RIVER By: Please contact Carrie 5307 ant ape within thirty (301 scheduled appear- BETH RODRIGUEZ Ra Plaintiff, Luciana Ugarts, Esq. Johnson, ADA Coor- NOTICE OF ACTION da quests for Accom- COUNTY, FLORIDA. tion. s prop( days after the first ante is lass than 7 N/K/A HERMAN modationsb Persons An FL Bar #42532 dinator, 250 NW ppublication of this days if Y y person claiming 1g -p06040 NOS Country the applica[ie TO: Estate of Patrick N Y you are hear- RODRIGUEZ; BRAD- with Disabilities.lf you DEITRIA ANDREWS, a interest in the sur- Y Club Drive, quests a tot< once and file the in or voice im- FORD PLACE ASSO- a etal, Notice to Persons Suite 217, Port St. M. Maltb 9 re a person with plus from the sale, if 82,134,000 in fe Y i ,nal with the paved, call 717. CIATION, INC.; IS Defendant(sl, with Disabilities: If Lucie, FL 34966, Unknown Creditors of disability who needs any, other than the cavital assist Cler f this Court si- Pub: May 22, 29, 2013 BASTIAN A. RO DRI- you ere a person 1772) 807-4370 at the Estate of Patrick [her before service TCN" GUEZ; CHRISTIAN D. a yaccommodation in NOTICE OF SALE Property owner as of with a disability who least 7 da s before Brad $966a0o0 in M. Maltby on Plaintiffs attorne PRUDEN ; U N . order to participate in PURSUANT TO the date of the Lis needs any accommo- your scheduled court I op ting a Unknown Heirs and/ y IN THE CIRCUIT this proceeding, you Pendens must file a dation in order to ante. The Dote or immediately KNOWN TENANT#2 CHAPTER45 appearance,or,m- or Beneficiaries of COURT OF THE a re enti[lad,st no cost claim within 60 days capital share the Estate of Patrick thereafter; otherwise NINETEENTH N/K/A MELISA RIV- to you, to the provision after the sale. Participate in this mediately upon re- Consist of $533 default will be - ERA a the Dafen- NOTICE IS HEREBY proceeding, you a ceivin this notifica- M. Maltby tared JUDICIAL CIRCUIT of certain assistance. in Florida toll i against you for demist). Jeffrey R. please contact Court GIVEN Pursuant to a Morris Hardwick entitled, at no cost to tion i the time be nue credits as a RESIDENCE: UN- the relief demanded IN AND FOR Smith as the Clerk of Final Jud ant f you, to the provision for the scheduled KNOWN INDIAN RIVER Administration, 250 9m Schneider, LLC of certain assistance. arch. The non6 in the complaint. the Circuit Cou« will NE Countr Foreclosure dated appearance is less perating sl '.AST KNOWN AD- COU sell to the hi hest V Club December7, 2012, BY' Please contact Corrie than 7 days; 'f aI DRESS: 902 Seneca GENERAL g Drive, Suite 217, Port Stephen Orsillo, Esq., you i I I c e n s i s I WITNESS my hand and best bidder for and entered in Case Johnson, ADA Coor- are hearing or voice Ave., Sebastian, FL JURISDICTION St. Lucie, FL, 34986, FBN: 89377 $483,000 li and the seal of this cash, www.indian- No. 31 -2010 -CA- dinator, 250 NW impaired, 0,11711. 32958 DIVISION 772-807-4370 at least 9409 Philadelphia funds and $403 Court this 22nd day river.realforeclose.co 073980-XXXXXX of Country Club Drive, Pub: May 29, June 5, of May, 2013 CASE N0: at 10:00 AM 7 days hefcore your the Circuit Court of Road Suite 217, Port St. 2073 state transit g YOU ARE HEREBY 312011 CA002224 n scheduled court p- Baltimore, Lucie, FL 34986, funds. All funds Jeffrey R. Smith JUNE 17, 2013, the the Nineteenth Judi- TCN2520067 NOTIFIED that an ac- Clerk of the Circuit owing described Peara uce, or eimmedi- tial Circuit in and for Maryland 21237 (772) 807-4370 at be passed throng tion to foreclose a FLAGSTAR BANK, g rely port r ceiving Malling Address: the Indian RI Court property as et forth chis notification if ilia than River County, I 1 least 7 days before County Senior mortgage on the fol- By; /s/ C.P. Triantis FSB, i n s a 1 d F i n a Florida in which PNC Morris Hardwick your scheduled coup lowin described Plaintiff, time before the sched- Schneider source Associa g Deputy Clerk Judgment, to wit: .s Bank, National Asso- appearance, or im- NOTICE propelocated in 10.29174 NOA vs. LOT 48, OF BRAD- led appearance ciation, is the Plain- 5110 Eisenhower mediately upon re- ISRA1, the Court rty dian River Count ALB ERT JAMES less than 7 days if you Blvd., Suite 120 ADMINISTRATION ansportation Y, Notice to Persons F 0 R D P L A C E , a tiff and Deitris An ceiving this notifica- Florida; HARP AND MELISSA re hearing or voice Tampa, Florida 33634 tion if the time be- IN THE CIRCUIT eider. The funds with Disabilities: IF ACCORDING TO THE paired, ca11711. draws, Board of Toll Free: COURT FOR INDIAN be used [o main OT 11, BLOCK 150 S. HARP, et al., fore the scheduled O F SEBASTIAN you are person Defendant. PLAT THEREOF, AS pub: May 22, 29, 2013 County Commission- 7-e6G5oll Free RIVER COUNTY, a n d e p a n d i with a disability who RECORDED IN PLAT ars of Indian River appearance is less HIGHLANDS UNIT 5, 7162517247 9701318811 NOS FLORIDA SRA's GoLine if eeds any accommo- BOOK 21, PAGE 28, County, Florida, than.7 days; if you route) and Comm A SUBDIVISION dation in order to NOTICE OF OF THE PUBLIC RE- AMERICANS WITH are hearin PROBATE DIVISION ACCORDING TO THE FORECLOSURE SALE IN THE CIRCUIT Household Finance g or voice r Coach (demi COURT OF THE Cor DISABILITIES ACT File Na. Y particippate in this CORDS OF INDIAN potation III, are impaired, cai1711. PLAT THEREOF, RE- proceedin If you are a person pub: Ma 29, June 5, 312013CP000482 tesponse) put CORDED IN PLAT g. You are NOTICE IS HEREBY RIVER COUNTY, NINETEENTH defendants, will sell with a disability who 2013 y transportation sr entitled, at no cost to FLORIDA. JUDICIAL CIRCUIT to the hi hest and BOOK 5, PAGE 702, you, to the GIVEN pursuant to qct IN AND FOR INDIAN best bidder for cash needs any accommo- IN ESTATE OF ices. Specifics, provision y person claiming dation in order to TCN2520053 Sheila C. Devlin OF THE PUBLIC RE- Final Judgment of RIVER COUNTY, in/on htt s://www.- funds will be usec of certain assistance. an interest in the sur- p IN THE CIRCUIT Deceased. implement the I ORDS OF INDIAN please contact Carrie Foreclosure dated plus from the sale, If FLORIDA Indian-rivearealfor- participate in this RIVER COUNTY MAY 2, 2013, and en- proceeding, you are COURT OF THE lowing program Johnson, ADA Coor- any, other than the CIVIL ACTION eclose.com, Indian antitled, at no cost to NINETEENTH NOTICE projects: °LORIDA. dinata r, 250 NW tared in Case No. property, ow er as of CASE NO.: giver Count Florida provision JUDICIAL CIRCUIT TO CREDITORS •Continue and as been tiled against Country Club Drive, 312011 CA002224 f the data of the lis 31 -2011 -CA -002646 t 10:00AM on the you, to [he IN AND FOR INDIAN The administration f pand the GoLme 0.11 u d you re re- the Circuit Court of f certain assistance. Suite , F Port St. pendens must file a DIVISION: 18th day of June, please contact Corrie RIVER COUNTY, the estate f Sheila Community Coo louired to serve a Lucie, FL 34986, the Nineteenth Judi- claim within 60 days 2013, the following Johnson, ADA Coor- FLORIDA C. Devlin, deceased, Public fransportat py of your written (772) 007-4370 at I Circuit in and for eher the sale. W E L L S F A R G 0 described property din,tor, 250 N W CIVIL DIVISION whose date ec death fefenses, if any, to least 7 days before Indian River County, BANK, N.A. AS as set forth in said so, as,. his action, on Glad- Florida, wherein Can Club Drive, Case was May 2, 2013, is •Purchase Vehin your scheduled court Dated this 20th day TRUSTEE F O R Final Judgment of Suite 217, Port St. 2011 -CA -002728 and Related E tone Law Group, FLAG STAR BANK, WAMU MORTGAGE Foredosura: pending in the Cir- qu appearance, or ill of May, 2013. Lucie, FL 34986, cult Court for Indian ant, Bus Shalte ' A., attorneys far mediately upon ra- FSB, is the Plaintiff B Steven HurleyPASS THROUGH LOT 2, BLOCK 6, IXO- Insurance, Com lain[iff, whose ed- ceiving [his notifica- and ALBERT JAMES FL gar No. 9980CERTIFICATES SE- RA PARK PLAT N0.1, le least days before Bionaif Association, River County Fsiorn, Hardware and So tress is 1499 W, HARP; MELISSA S. Y tion if the time be- for RIES 2006-PR3, ACCORDING TO THE Successor b ger the address o1 which Signs; a 'elm et[o Park Rd. HARP; UNKNOWN Plaintiff, PLAT THEREOF RE- your scheduled court y Mer ware, and Si fore the scheduled Geoffrey A. Levy Perform Prevent, o BAC Ham luite 300, Boca Ra- TENANT #t N/K/A appearance, or im Loans 2000 76th Avenue, appearance is less Florida Bar: 83392 CORDED IN PLAT medlar el Servicin Vehicle Main[enanc n, FL 33486, and than 7 da s; if EMILY MASHBURN upon re- g, L.P. flk/a Vero Beach, Florida y you Robert son, Anschutz MARILYNARILYN SMITH BOOK 6, PAGES, Countrywide Is the original with are hearing or voice are the Defendantls). & Schneid, P.L. A/K/A MARILVN G. PUBLIC RECORDS ceiving this notifica- ywide Home 32960. The names he Clerk of the Jeffrey R. Smith as SMITH, et al, OF INDIAN RIVER tion if the time be- Loans Servicing, L.P. and addresses se the Unless od,fied as paired, call 717. Attorneys for Plaintiff fore the scheduled Plaintiff, personal result of FTA re 'ourt, within 30 days Pub: May 29, June 5, the Clerk of the Cir- 3010 N. Milita Trail, represent,- vie her the first publi- 2913 cult Court will sell to n Defendantls). COUNTY, FLORIDA. appearance is less -vs� live and the personal a d c o m m e n Suite 300 A/K/A 218 27TH AVE than 7 da you Michael Lee Warner representative's at- 9 ation of this notice , TCN2519961 the highest and best Baca Raton, FL 33431 NOTICE OF SALE SW,VE EACH, a ys; if changes in a slab ither before 6-24- bidder for cash, re hearing or voice a/k/a Michael L. Corney are set forth funding, or ether u 073, r mmed'atal - ww .ind'a n -river 11-14842 NOS PURSUANT TO FL 32962 impared, call 711. Warner and Teresa I. below. foreseen 'tun Y ... Notice to Persons CHAPTER 45 Any person claiming pub Ma Warner, Husband All creditors of the t pr. tereafter, otherwise realforedose tom, t Y 29, June 5, stances, the with Disabilities: If an interest in the a end Wife; Mort default may be en NOTICE OF 17, 2 AM on JUNE you are NOTICE IS HEREBY sur 2073 gage decedent and other Posed program i :red a ins[ for 17, 2013, the follow- a person plus from the sale, rf TCN2519851 El ectron'c Registra persons Navin projects descr be ga you FORECLOSURE with a dsala lily who GIVEN Pursuant to a any, other than the on Systems, Inc as claims or demands ,hove w II becom e relief demanded - in, described prop- needs any accommo- Final Judgment of property owner as of IN THE CIRCUIT Nominee for, GMAC a the final the Complaint. IN THE CIRCUIT arty as et forth In dation in order to Foreclosure dated the date of the Lis COURT OF THE Mortgage Cor gainst decedent's program COURT OF THE said Final Judgment,pore estate on whom projects for FYa201 ,TED: 6-14-2013 NINETEENTH to w'it: g Parti c'p ate In this May 2, 2013, and en- Pendens must file a NINETEENTH tion; Unknown Par- copy of this notice s Th s notice complle J. K. Barton proceed ng, you are tared in Case No. 31- claim within 60 days JUDICIAL CIRCUIT t es in Possession with the FTA Pr( JUDICIAL CIRCUIT LOT 13 BLOCK N, entitled, at no cost to 2017 -CA -002646 of after the sale, IN AND FOR INDIAN #1, If living, and all served imustd file thele ggram of Project Clerk of the Circuit IN AND FOR INDIAN VERO LAKE ES- Y. to the provision the Circuit Cour[of RIVER COUNTY, Unknown Parties claims with this court IPOP)notification t Court RIVER COUNTY, TATES UNIT H3, f certain assistance, Ilia Nineteenth Judi- Dated in Indian River FLORIDA claiming by, through, WITHIN THE LATER quirements. By: /s/ C. Patticrew FLORIDA ACCORDING TO THE please contact Corrie I Circuit in and for County, Florida o CIVIL DIVISION under and against 0 F 3 M 0 N T H 5 Deputy Clerk CIVIL ACTION PLAT THEREOF AS Johnson, ADA Coor- Indian River County, this 28 day of Case the above named AFTER THE TIME OF Please direct quer quests NOA CASE NO.: RECORDED IN PLAT dinator, 250 NW Florida in which December, 2012. 2012 -CA -000193 Defendants) who THE FIRST PUBLICA- eons regarding thi quests for Accom- 31 -2011 -CA -002518 BOOK 6 PAGE 18, Country Club Drive, Wells Fargo Bank, Sean Belmudez, Esq. re not known to be TION OF THIS NO. Public hearing s DIVISION: PU P o aeons by Per- BND RECORDS Suite 217, Port St. N.A. s Trustee for Florida Bar#68212 Bank of America, Na- dead or alive, wheth- TICE OR 30 DAYS Phillip Mettsoe a ms with re abili- DO INDIAN RIVER Lucie, FL 34986, WAMU Mortgage for tionel Association r said Unknown AFTER THE DATE OF 226-1455. Anyom n of you Hare a per- THE BANK OF NEW COUNTY, FLORIDA. 1772) 807-4370 at Pass Through Carrufi- Brandi Wilson, Es Plaintiff, Ponies may who ma :ith dis06i:ity YORK MELLON FKA RFING THF SAMF �.,- „i,.. a�nn q' y claim an SERVICE OF A COPY Y wish to ap ho needs an ac- THE BANK OF NEW P R 0 P E R T Y A S '""" 7 c ys "foie-- - - � Fl 3:;t:: 6^226 = :-^ts-e�- s Spouse, C' THIS NOTICE O.V• c 01 dc:L--ion Y your scheduled court PR3, 's the Plaintiff Albeitelli Law Byron A. Peterson Heirs, Devisees, THEM. which , immodation in or. YORK AS TRUSTEE TRANSFERRED BY may be made :r to participate in FOR THE CERTIFI- WARRANTY DEED appearance, or mi and Marilyn Smith Attorney far Plaintiff /k/a Byron Peterson; Grantees, or Other All other creditors f at this meeting, wil mediately upon re- /k/a Marilyn G. P.O. Boz 23028 Citrus Springs Mas. Claimants; Unknown the decedent and need to ensure that i I., proceeding, you CATEH OLDE RS OF ON 10/14/2008 AND ceiving this notifica- Smith, Robert L. Tampa, FL 33623 ter Homeowners, As- Parties in Possession other persons having rbatim record o .at at o BELLAVISTA MORT- R E C 0 R D E D tion if the time be- Platt. Tenant #1 'a 18131221-4743 sociation, Inc.; Citrus #2, If living, and all claims or demands the proceedings it est to you, to the GAGE TRUST 2004- 10/17/2008 FROM fore the scheduled Cindy Cardenas, Ten- (813)227-9171 Springs Village 'E" Unknown Parties against decedent's ads, which 0vision of certain 2, MORTGAGE ALAN MARKOWITZ ppearance is less tit #2 n/k/a Jesus facsimile Homeowners age claiming b throu h, estate must file their in slstance. Please PASS-THROUGH TO ALBERT JAMES cludee�s testimony CERTIFICATES, than 7 days; if you Cardenas, Any And facsimile ,tion, Inc.; Margaret under a g an d 'dente Pon titan C ATES SE- HA Fare against claims Court Admin RP AND MELISSA 9 with this court bw, ich the appeal will tration, 250 NE RIES 2004-2, S. HARP, HUSBANp are hearing or voice All Unknown Parties s ealaw@ Smith Peterson a/k/a the above nam d WITHIN 3 MONTHS untry Club Drive, Plaintiff, AND WIFE, RECORD- impaired, call 717. C 1 a m i n g b y , aibertellilaw.com Margaret Smith; Un- Defendant(s) who AFTER THE DATE OF be based. Anyone Pub: May 29, June 5, Through, Under, And 17-87475 NOS known Parties in re not known to be THE FIRST PUBLICA- who needs a special lite 217, Port St. vs. ED IN BOOK 2298 2013 Against The Herein Notice to Persons Possession #1, If lie- dead or alive, wheth- TION OF THIS NO- accommodation for tie, 2 34986, 772- RICHARD MONTI, et AND PAGE 1676; TCN2520037 named Individual with Disabilities: If in and all Unknown t said Unknown TICE. this meeting must al 9• 7-4370 at a 8766 105TH Defendantls) Who you are a person Parties claiming by, Ponies may claim an ALL CLAIMS NOT SO contact the County's ys before your Dsfendont(sl. V E R 0 B E AOC HT, N THE CIRCUIT a not Known To Be with a disability who through, under and 'teres[ as Spouse, FILED WITHIN THE Americans with Disa- heduled co FLORIDA 3 'Our' ap- 2967 COURT OF THE Dead Or Alive, needs any ac mmo- against the above Heirs, Devisees, TIME PERIODS SET bilines Act (ADA) Co- Srance, or immedi- NOTICE OF Any person claiming NINETEENTH Whether Said Un- dation in ord at to named Defendantls) Grantees, or Other FORTH IN SECTION ordinator at 226-1223 ly upon receiving FORECLOSURE SALE an interest in the sur- JUDICIAL CIRCUIT known Parties May participate in this who a e of known Claimants 733.702 SE THE at least 48 hours in s notification if the plus from the sale, if IN AND FOR Claim An Interest in proceeding, you are to be dead or alive, Defendant(s). FLORIDA PROBATE advance of meeting. e before the NOTICE IS HEREBY any, other than the INDIAN RIVER Spouses, Heirs, Devi- entitled, at no cost to whether said Un- CODE WILL BE FOR. cedsled appear- GIVEN pursuant to a property owoner as of COUNTY, FLORIDA sees, Grantees, Or you, to the provision known Parties may NOTICE OF SALE EVER BARRED. County Indian River e less than 7 Inal Judgment of the date f the lis CASE N0. Other Claimants are of certain assistance. claim an interest as NOTWITHSTANDING Board of County /s 0 you are hear- Mortgage Foreclo- pendens must file a 31 -2011 -CA -002144 defendants, I will sell Please contact Corrie Spouse, Heirs, Devi- NOTICE IS HEREBY THE TIME PERIOD Commissioners sure dated M r odic a 2 claim g o Voice im Y within 60 da s Y b the h' hest and Johnson D 9 A A Coor- s s Grantees o 2013 and n r GIVEN l e tared ' pursuant - red call In efte t to -s Joseph 711. r the sale SET E. P FORTH Y SU ABO NTRUST M VE P ORT - best bidder Case No. 31-2011- for cash dinator, 250 NW Other Claimants; Un- an Order dated May ANY CLAIM FILED Flescher, Chairman :May 22,29,2073 GAGE, INC. Indio haps://www.- Country Club Drive, known Parties in 2, 2D13, entered in TWO 12) YEARS OR TCN2517322 CA -002 Court of the Cir- Dated this 20th day Plaintiff, Indian-river.realfor- Suite 217, Port St. Possession #2, If lie- Civil Case No. 2011- MORE AFTER THE Pub: May 29, 2013 cult Court of the of May. 2013. v. eclose.com ,Indian Lucie, FL 34986, Ing, and all Unknown CA -002728 of the Cir- DECEDENT'S DATE TCN2520199 N THE CIRCUIT NINETEENTH Judi- By Steven Hurley THE U N K N OWN River County, Florida 17721 807-4370 at Parties claiming 6y, cult Court of the 79th n F n F e r U�TOF^oE 19TH tial Circuit in end for FL Bar No. 99802 HEIRS, GRANTEES, at 10:OOAM r,� t6" " 1 1 I-.._ -1- .1 u ' (D O N iz L � E 0 t>'0 Z k N o Q 0 O > U (U 8 R U Q co 0 C C I-4 i.r ) z i U. • H N 6--1 � - �3 •�. �"��" area ooa, un ulntH .______ days before your LESLIE LENNON An person THEREOF, AS RE- DATE OF THE LIS Any person claiming GENERAL VERO BEACH HIGHr with a disability who C L A M AN ; CORDED IN PLAT PENDENS MUST scheduled court ap Last Known Address a interest in the sur- JURISDICTION LANDS UNIT FIVE, needs any accommo- UNKNOWN TEN- BOOK 21 PAGES 3K'FIfE-.(+CLAIM WITH- pearance, or Immed Unknown plus from the sale if DIVISION ACCORDING TO THE dation in order to A N TSI O W N E R S pND.4...OF THE PUQ9,' 11N 8QQ tCLAI AFTER ately upon receiving Also Attempted Ar any, other than the CASE N0: PLAT THEREOF, AS Participate In this N/K/A DEBRA ED.- C;f�ECORD ,OF N:'.„,7HE5gLE...:y,,, NOTICEOFM this not hcation it the 270 COMMACK RD property owner as of 2012 CA 000639 RECORDED IN PLAT proceeding, you are GINGER, nine before the 1A, ISLIP, NY 11751 the date of the Lis 014A RIVER ❑❑tt11 Ae a fav tet to -.Fla =:R. scheduled BOOK 8, PAGE 56, entitled at no cast [o Defendantls). q9 NOTICE OF P appear- Also Attempted At: Pendens must f le a NATIONSTAR MORT- CA ,+` U F) t4'A-gl` T�ii . once is less than 7 4809 GRAND BLVD claim within sixty GAGE, LLC, OF THE PUBLIC RE- you, to the proves on BT kY`t�"j(n) HEARIN( Y CORDS OF INDIAN f certain ass stance. NOTICE OF SALE ggj( days; if you are hear- APT 14, NEW PORT (60) days after the Plaintiff, ANY PERSON CLAIM-?-F1gln'iYff's counsel Notice of has Ing r voice RICHEY, FL 34652 sale. RIVER COUNTY, Please contact Corrie LNG AN INTEREST fiereb des, nates its FLORIDA. Johnson, ADA Coor- NOTICE IS HEREBY y g hereby given paired, call 717. Current Residence ELIZABETH RODRI- a/k/a 1826 HIGHLAND dinator, 250 NW GIVEN IN THE SURPLUS primary mail ad - pursuant m FROM THE SALE, IF dress for the Board of C Pub: May 22, 29, 2D 73 Unknown Ronald R Wolfe & GUEZ, AS TRUSTEE n Order of Final purpos- Commission TCN2577320 Associates, P,L. OF THE SEBASTIAN 13 R S W , VER 0 Country Club Drive, ANY, OTHER THAN as f mail service BEACH, FL 32962 Suite 217, Port St. Summary Judgment Indian River i YOU ARE NOTIFIED P.O. Box 25018 A. RODRIGUEZ AND THE PRO PERTY :SFGBocaService IN THE CIRCUIT at public sale, to the Lucie, FL 34986, f Foreclosure dated OWNER AS OF THE @lo Florida to cc COURT OF THE 19TH that an action for Tampa, Florida CHRISTIAN D. highest and best bid- (772) 807-4370 at March 15, 2013, en- gs.com* submittal of ai Foreclosure of Mort- 33622-5018 PRUDEN REVO- DATE OF THE LIS JUDICIAL CIRCUIT, der, for cash, online at least 7 days before tered in Civil Case cation for an F IN AND FOR INDIAN gage on the follow- (813) 251-4766 CABLE L I V N G www.indianriver.realfo your scheduled court No. 31 2011 CAoo- PENDENS MUST Dated this _ day of 49 USC Ch. 5 Indescribed eclose.com, Indian a FILE A CLAIM WITH - 9 prop- By: Elisabeth A. Shaw TRUST, et.al.. 2013. RIVER COUNTY, rty: Defendant. ppearance, or im- 2907XXXXXX of the IN 60 DAYS AFTER SHAPIRO, fISHMAN tion 5307 Mas FLORIDA Florida Bar No. River County, Florida, mediate) Circuit Court f the sit Capital ant LOT 222, SECOND 04073 y upon re- THE SALE. &GACH, LLP CASE NO: REPEAT OFA POR- F101o1742 NOS NOTICE OF on June 17, 2013 at ceivin this notifica- Nineteenth Judicial ting Assts g •Pursuant to Fla. R. Attorneys for Plaintiff Gran[. A 31 -2012 -DA -001328 TION O F C A M - Requests far Accom- FORECLOSURE SALE 10:00 AM. tion if the time be- Circuit in and for In- Jud . Admin . 2424 North federal publi XXXXXX BRIDGE PARK, modations b Per- Any person claiming an fore the scheduled than River County, 2.516(b)It 11A), Highway, Ste 360 in Inter at which, Y interest in the surplus appearance is less Florida, wherein the plaintiff's counsel Boca Raton, Florida 'merest n ACCORDING TO THE sons with MY It li- NOTICE IS HEREBY from the sale, if an Clerk of [he Circuit zees shall he U.S. BANK NATION- MAP O R PLAT ties. If you are aper- GIVEN pursuant to a y, than 7 days; if you hereby designates is 33431 AL ASSOCIATION, other than the proper- are hearing or voice Court will s II to the pportunity THEREOF AS RE- son with disability Final Judgment f t when as of the hi primary mail ad- Telephone: heard will be h AS SUCCESSOR CORDED IN PLAT who needs y impaired, call 711. ghest bidder for or for the urpos- TRUSTEE TO BANK any ac- Foreclosure dated date of the is pendens Pub: May 22,29,2013 c sh on the 14th da p 15611998-6700 the Indian BOOK 13, PAGE(S) ommodation in or- MARCH 8, 2013, and Y Y es f mail service Fax: (5611998-6707 OF AMERICA, N. A. 59, 59A, AND 59B, der to 60doyleaclaimwithin TCN2517256 ( June, 2013, at County goo participate In entered in Case No. 60 da :SFGBocaService Email: AS SUCCESSOR TO PUBLIC RECORDS this roceedin 2012 CA 000639 of Ys after the sale. 50:00 a.m. at web- @logs,com• lu rte@lo s.com C... u Itfy Comm LASALLE BANK, a g' you its: https7/www.ind- 9a g ars the G OF INDIAN RIVER are ntitled, at o the Circuit Court f By: Commission N.A, AS TRUSTEE COUNTY, FLORIDA. cost to Douglas C. Zahm, P.A. tan-river.rea lfo r- pared this _day of Lucia rte, Es you, to the the Nineteenth Judi- gnated Email IN THE CIRCUIT a n, -,r tom, ale FOR THE HOLDERS has been filed against Desi 2013. o Baa#42532 bars of the I gains provision of certain i Circuit in and for Address: efilin @ COURT OF THE to the followin de- River Court[ q OF THE MERRILL 9 9 SHAPIRO, FISHMAN 1 0-20 5434 NOS y L Y N C H FIRST You and you are fe- assistance. Please Indian River County, dczahm.com NINETEENTH scribed property as istrati0, Build, FRANKLIN MORT- qui red to serve a contact Court Admin- Florida, wherein NA- 1242528th Street JUDICIAL CIRCUIT et forth in the Final &GACH, LLP Notice to Persons cared at 1801 copy of your written tration, 250 NW TIONSTAR MORT- North, Suite 200 IN AND FOR INDIAN Attorneys for Plaintiff with Disabilities: If GAGE LOAN TRUST, defenses, if an to it, Countr Club Drive, GAGE, LLC, is the RIVER COUNTY, Judgment, to wit: 2424 North Federal you are Street, Vonro B MORTGAGE LOAN y St. Petersburg, FL 337- LOT 10, BLOCK 249, Hi h a person Florida Jur ASSET-BACKED on Choice egal Suite 217, Port SL Plaintiff and ELIZA- FLORIDA g way,S[e 360 with a disability who 2013 at on AM 16 SEBASTIAN HIGH- Foca Raton, Florida needs CERTIFICATES, SE- Group, Attorney for Lucie, FL, 34986, 772- BETH RODRIG UEZ, CIVIL ACTION any accommo- Telephone No. LANDS UNIT 10, 33431 dation in order to Plaintiff, whose ad- 607-4370 at least 7 AS TRUSTEE OF THE CASE NO.: RIES 2007-FF2, dress is 1800 NW da before (727)536-4911 ACCORDING TO THE Tele The Indian F PLAINTIFF, Ys your SEBASTIAN A. ROD- Attorney for the 31 -2010 -CA -073980- PLAT RECORDED IN Phone; participate in this County Boar 49th Street, Suite scheduled court a RIGUEZ AND CHRIS- XXXXXX 1561) 998-6700 proceeding, you a VS. P- Plaintiff PLAT B 0 0 K 6 , Fax: (561) 998-6707 entitled, at no cost to Cos rte con mi: ESTATE OF PATRICK 120, FL Lauderdale, pearance, or immedi- TIAN D. PRUDEN g DIVISION: FL 33309 n or tel Y: isl Tara M. McDon- PAGES 37, 37A d. y upon receiving REVOCABLE LIVING old, Es Email: You, to the provision the submiaal of M. MALTFY, E7 AL. before JUNE 28, this notification if the TRUST; UNKNOWN quire PNC BANK, NATION- THROUGH 370, luga«e@logs.Com f certain assistance. DEFENDANTS. Florida Bar No. 43941 PUBLIC RECORDS USC Ch. 53, Se (1 2013, a date which is time before the SPOUSE OF ELIZA- 617110082 NOS AL ASSOCIATION, OF INDIAN RIVER By: Please contact Carrie 5307 ant ape within thirty (301 scheduled appear- BETH RODRIGUEZ Ra Plaintiff, Luciana Ugarts, Esq. Johnson, ADA Coor- NOTICE OF ACTION da quests for Accom- COUNTY, FLORIDA. tion. s prop( days after the first ante is lass than 7 N/K/A HERMAN modationsb Persons An FL Bar #42532 dinator, 250 NW ppublication of this days if Y y person claiming 1g -p06040 NOS Country the applica[ie TO: Estate of Patrick N Y you are hear- RODRIGUEZ; BRAD- with Disabilities.lf you DEITRIA ANDREWS, a interest in the sur- Y Club Drive, quests a tot< once and file the in or voice im- FORD PLACE ASSO- a etal, Notice to Persons Suite 217, Port St. M. Maltb 9 re a person with plus from the sale, if 82,134,000 in fe Y i ,nal with the paved, call 717. CIATION, INC.; IS Defendant(sl, with Disabilities: If Lucie, FL 34966, Unknown Creditors of disability who needs any, other than the cavital assist Cler f this Court si- Pub: May 22, 29, 2013 BASTIAN A. RO DRI- you ere a person 1772) 807-4370 at the Estate of Patrick [her before service TCN" GUEZ; CHRISTIAN D. a yaccommodation in NOTICE OF SALE Property owner as of with a disability who least 7 da s before Brad $966a0o0 in M. Maltby on Plaintiffs attorne PRUDEN ; U N . order to participate in PURSUANT TO the date of the Lis needs any accommo- your scheduled court I op ting a Unknown Heirs and/ y IN THE CIRCUIT this proceeding, you Pendens must file a dation in order to ante. The Dote or immediately KNOWN TENANT#2 CHAPTER45 appearance,or,m- or Beneficiaries of COURT OF THE a re enti[lad,st no cost claim within 60 days capital share the Estate of Patrick thereafter; otherwise NINETEENTH N/K/A MELISA RIV- to you, to the provision after the sale. Participate in this mediately upon re- Consist of $533 default will be - ERA a the Dafen- NOTICE IS HEREBY proceeding, you a ceivin this notifica- M. Maltby tared JUDICIAL CIRCUIT of certain assistance. in Florida toll i against you for demist). Jeffrey R. please contact Court GIVEN Pursuant to a Morris Hardwick entitled, at no cost to tion i the time be nue credits as a RESIDENCE: UN- the relief demanded IN AND FOR Smith as the Clerk of Final Jud ant f you, to the provision for the scheduled KNOWN INDIAN RIVER Administration, 250 9m Schneider, LLC of certain assistance. arch. The non6 in the complaint. the Circuit Cou« will NE Countr Foreclosure dated appearance is less perating sl '.AST KNOWN AD- COU sell to the hi hest V Club December7, 2012, BY' Please contact Corrie than 7 days; 'f aI DRESS: 902 Seneca GENERAL g Drive, Suite 217, Port Stephen Orsillo, Esq., you i I I c e n s i s I WITNESS my hand and best bidder for and entered in Case Johnson, ADA Coor- are hearing or voice Ave., Sebastian, FL JURISDICTION St. Lucie, FL, 34986, FBN: 89377 $483,000 li and the seal of this cash, www.indian- No. 31 -2010 -CA- dinator, 250 NW impaired, 0,11711. 32958 DIVISION 772-807-4370 at least 9409 Philadelphia funds and $403 Court this 22nd day river.realforeclose.co 073980-XXXXXX of Country Club Drive, Pub: May 29, June 5, of May, 2013 CASE N0: at 10:00 AM 7 days hefcore your the Circuit Court of Road Suite 217, Port St. 2073 state transit g YOU ARE HEREBY 312011 CA002224 n scheduled court p- Baltimore, Lucie, FL 34986, funds. All funds Jeffrey R. Smith JUNE 17, 2013, the the Nineteenth Judi- TCN2520067 NOTIFIED that an ac- Clerk of the Circuit owing described Peara uce, or eimmedi- tial Circuit in and for Maryland 21237 (772) 807-4370 at be passed throng tion to foreclose a FLAGSTAR BANK, g rely port r ceiving Malling Address: the Indian RI Court property as et forth chis notification if ilia than River County, I 1 least 7 days before County Senior mortgage on the fol- By; /s/ C.P. Triantis FSB, i n s a 1 d F i n a Florida in which PNC Morris Hardwick your scheduled coup lowin described Plaintiff, time before the sched- Schneider source Associa g Deputy Clerk Judgment, to wit: .s Bank, National Asso- appearance, or im- NOTICE propelocated in 10.29174 NOA vs. LOT 48, OF BRAD- led appearance ciation, is the Plain- 5110 Eisenhower mediately upon re- ISRA1, the Court rty dian River Count ALB ERT JAMES less than 7 days if you Blvd., Suite 120 ADMINISTRATION ansportation Y, Notice to Persons F 0 R D P L A C E , a tiff and Deitris An ceiving this notifica- Florida; HARP AND MELISSA re hearing or voice Tampa, Florida 33634 tion if the time be- IN THE CIRCUIT eider. The funds with Disabilities: IF ACCORDING TO THE paired, ca11711. draws, Board of Toll Free: COURT FOR INDIAN be used [o main OT 11, BLOCK 150 S. HARP, et al., fore the scheduled O F SEBASTIAN you are person Defendant. PLAT THEREOF, AS pub: May 22, 29, 2013 County Commission- 7-e6G5oll Free RIVER COUNTY, a n d e p a n d i with a disability who RECORDED IN PLAT ars of Indian River appearance is less HIGHLANDS UNIT 5, 7162517247 9701318811 NOS FLORIDA SRA's GoLine if eeds any accommo- BOOK 21, PAGE 28, County, Florida, than.7 days; if you route) and Comm A SUBDIVISION dation in order to NOTICE OF OF THE PUBLIC RE- AMERICANS WITH are hearin PROBATE DIVISION ACCORDING TO THE FORECLOSURE SALE IN THE CIRCUIT Household Finance g or voice r Coach (demi COURT OF THE Cor DISABILITIES ACT File Na. Y particippate in this CORDS OF INDIAN potation III, are impaired, cai1711. PLAT THEREOF, RE- proceedin If you are a person pub: Ma 29, June 5, 312013CP000482 tesponse) put CORDED IN PLAT g. You are NOTICE IS HEREBY RIVER COUNTY, NINETEENTH defendants, will sell with a disability who 2013 y transportation sr entitled, at no cost to FLORIDA. JUDICIAL CIRCUIT to the hi hest and BOOK 5, PAGE 702, you, to the GIVEN pursuant to qct IN AND FOR INDIAN best bidder for cash needs any accommo- IN ESTATE OF ices. Specifics, provision y person claiming dation in order to TCN2520053 Sheila C. Devlin OF THE PUBLIC RE- Final Judgment of RIVER COUNTY, in/on htt s://www.- funds will be usec of certain assistance. an interest in the sur- p IN THE CIRCUIT Deceased. implement the I ORDS OF INDIAN please contact Carrie Foreclosure dated plus from the sale, If FLORIDA Indian-rivearealfor- participate in this RIVER COUNTY MAY 2, 2013, and en- proceeding, you are COURT OF THE lowing program Johnson, ADA Coor- any, other than the CIVIL ACTION eclose.com, Indian antitled, at no cost to NINETEENTH NOTICE projects: °LORIDA. dinata r, 250 NW tared in Case No. property, ow er as of CASE NO.: giver Count Florida provision JUDICIAL CIRCUIT TO CREDITORS •Continue and as been tiled against Country Club Drive, 312011 CA002224 f the data of the lis 31 -2011 -CA -002646 t 10:00AM on the you, to [he IN AND FOR INDIAN The administration f pand the GoLme 0.11 u d you re re- the Circuit Court of f certain assistance. Suite , F Port St. pendens must file a DIVISION: 18th day of June, please contact Corrie RIVER COUNTY, the estate f Sheila Community Coo louired to serve a Lucie, FL 34986, the Nineteenth Judi- claim within 60 days 2013, the following Johnson, ADA Coor- FLORIDA C. Devlin, deceased, Public fransportat py of your written (772) 007-4370 at I Circuit in and for eher the sale. W E L L S F A R G 0 described property din,tor, 250 N W CIVIL DIVISION whose date ec death fefenses, if any, to least 7 days before Indian River County, BANK, N.A. AS as set forth in said so, as,. his action, on Glad- Florida, wherein Can Club Drive, Case was May 2, 2013, is •Purchase Vehin your scheduled court Dated this 20th day TRUSTEE F O R Final Judgment of Suite 217, Port St. 2011 -CA -002728 and Related E tone Law Group, FLAG STAR BANK, WAMU MORTGAGE Foredosura: pending in the Cir- qu appearance, or ill of May, 2013. Lucie, FL 34986, cult Court for Indian ant, Bus Shalte ' A., attorneys far mediately upon ra- FSB, is the Plaintiff B Steven HurleyPASS THROUGH LOT 2, BLOCK 6, IXO- Insurance, Com lain[iff, whose ed- ceiving [his notifica- and ALBERT JAMES FL gar No. 9980CERTIFICATES SE- RA PARK PLAT N0.1, le least days before Bionaif Association, River County Fsiorn, Hardware and So tress is 1499 W, HARP; MELISSA S. Y tion if the time be- for RIES 2006-PR3, ACCORDING TO THE Successor b ger the address o1 which Signs; a 'elm et[o Park Rd. HARP; UNKNOWN Plaintiff, PLAT THEREOF RE- your scheduled court y Mer ware, and Si fore the scheduled Geoffrey A. Levy Perform Prevent, o BAC Ham luite 300, Boca Ra- TENANT #t N/K/A appearance, or im Loans 2000 76th Avenue, appearance is less Florida Bar: 83392 CORDED IN PLAT medlar el Servicin Vehicle Main[enanc n, FL 33486, and than 7 da s; if EMILY MASHBURN upon re- g, L.P. flk/a Vero Beach, Florida y you Robert son, Anschutz MARILYNARILYN SMITH BOOK 6, PAGES, Countrywide Is the original with are hearing or voice are the Defendantls). & Schneid, P.L. A/K/A MARILVN G. PUBLIC RECORDS ceiving this notifica- ywide Home 32960. The names he Clerk of the Jeffrey R. Smith as SMITH, et al, OF INDIAN RIVER tion if the time be- Loans Servicing, L.P. and addresses se the Unless od,fied as paired, call 717. Attorneys for Plaintiff fore the scheduled Plaintiff, personal result of FTA re 'ourt, within 30 days Pub: May 29, June 5, the Clerk of the Cir- 3010 N. Milita Trail, represent,- vie her the first publi- 2913 cult Court will sell to n Defendantls). COUNTY, FLORIDA. appearance is less -vs� live and the personal a d c o m m e n Suite 300 A/K/A 218 27TH AVE than 7 da you Michael Lee Warner representative's at- 9 ation of this notice , TCN2519961 the highest and best Baca Raton, FL 33431 NOTICE OF SALE SW,VE EACH, a ys; if changes in a slab ither before 6-24- bidder for cash, re hearing or voice a/k/a Michael L. Corney are set forth funding, or ether u 073, r mmed'atal - ww .ind'a n -river 11-14842 NOS PURSUANT TO FL 32962 impared, call 711. Warner and Teresa I. below. foreseen 'tun Y ... Notice to Persons CHAPTER 45 Any person claiming pub Ma Warner, Husband All creditors of the t pr. tereafter, otherwise realforedose tom, t Y 29, June 5, stances, the with Disabilities: If an interest in the a end Wife; Mort default may be en NOTICE OF 17, 2 AM on JUNE you are NOTICE IS HEREBY sur 2073 gage decedent and other Posed program i :red a ins[ for 17, 2013, the follow- a person plus from the sale, rf TCN2519851 El ectron'c Registra persons Navin projects descr be ga you FORECLOSURE with a dsala lily who GIVEN Pursuant to a any, other than the on Systems, Inc as claims or demands ,hove w II becom e relief demanded - in, described prop- needs any accommo- Final Judgment of property owner as of IN THE CIRCUIT Nominee for, GMAC a the final the Complaint. IN THE CIRCUIT arty as et forth In dation in order to Foreclosure dated the date of the Lis COURT OF THE Mortgage Cor gainst decedent's program COURT OF THE said Final Judgment,pore estate on whom projects for FYa201 ,TED: 6-14-2013 NINETEENTH to w'it: g Parti c'p ate In this May 2, 2013, and en- Pendens must file a NINETEENTH tion; Unknown Par- copy of this notice s Th s notice complle J. K. Barton proceed ng, you are tared in Case No. 31- claim within 60 days JUDICIAL CIRCUIT t es in Possession with the FTA Pr( JUDICIAL CIRCUIT LOT 13 BLOCK N, entitled, at no cost to 2017 -CA -002646 of after the sale, IN AND FOR INDIAN #1, If living, and all served imustd file thele ggram of Project Clerk of the Circuit IN AND FOR INDIAN VERO LAKE ES- Y. to the provision the Circuit Cour[of RIVER COUNTY, Unknown Parties claims with this court IPOP)notification t Court RIVER COUNTY, TATES UNIT H3, f certain assistance, Ilia Nineteenth Judi- Dated in Indian River FLORIDA claiming by, through, WITHIN THE LATER quirements. By: /s/ C. Patticrew FLORIDA ACCORDING TO THE please contact Corrie I Circuit in and for County, Florida o CIVIL DIVISION under and against 0 F 3 M 0 N T H 5 Deputy Clerk CIVIL ACTION PLAT THEREOF AS Johnson, ADA Coor- Indian River County, this 28 day of Case the above named AFTER THE TIME OF Please direct quer quests NOA CASE NO.: RECORDED IN PLAT dinator, 250 NW Florida in which December, 2012. 2012 -CA -000193 Defendants) who THE FIRST PUBLICA- eons regarding thi quests for Accom- 31 -2011 -CA -002518 BOOK 6 PAGE 18, Country Club Drive, Wells Fargo Bank, Sean Belmudez, Esq. re not known to be TION OF THIS NO. Public hearing s DIVISION: PU P o aeons by Per- BND RECORDS Suite 217, Port St. N.A. s Trustee for Florida Bar#68212 Bank of America, Na- dead or alive, wheth- TICE OR 30 DAYS Phillip Mettsoe a ms with re abili- DO INDIAN RIVER Lucie, FL 34986, WAMU Mortgage for tionel Association r said Unknown AFTER THE DATE OF 226-1455. Anyom n of you Hare a per- THE BANK OF NEW COUNTY, FLORIDA. 1772) 807-4370 at Pass Through Carrufi- Brandi Wilson, Es Plaintiff, Ponies may who ma :ith dis06i:ity YORK MELLON FKA RFING THF SAMF �.,- „i,.. a�nn q' y claim an SERVICE OF A COPY Y wish to ap ho needs an ac- THE BANK OF NEW P R 0 P E R T Y A S '""" 7 c ys "foie-- - - � Fl 3:;t:: 6^226 = :-^ts-e�- s Spouse, C' THIS NOTICE O.V• c 01 dc:L--ion Y your scheduled court PR3, 's the Plaintiff Albeitelli Law Byron A. Peterson Heirs, Devisees, THEM. which , immodation in or. YORK AS TRUSTEE TRANSFERRED BY may be made :r to participate in FOR THE CERTIFI- WARRANTY DEED appearance, or mi and Marilyn Smith Attorney far Plaintiff /k/a Byron Peterson; Grantees, or Other All other creditors f at this meeting, wil mediately upon re- /k/a Marilyn G. P.O. Boz 23028 Citrus Springs Mas. Claimants; Unknown the decedent and need to ensure that i I., proceeding, you CATEH OLDE RS OF ON 10/14/2008 AND ceiving this notifica- Smith, Robert L. Tampa, FL 33623 ter Homeowners, As- Parties in Possession other persons having rbatim record o .at at o BELLAVISTA MORT- R E C 0 R D E D tion if the time be- Platt. Tenant #1 'a 18131221-4743 sociation, Inc.; Citrus #2, If living, and all claims or demands the proceedings it est to you, to the GAGE TRUST 2004- 10/17/2008 FROM fore the scheduled Cindy Cardenas, Ten- (813)227-9171 Springs Village 'E" Unknown Parties against decedent's ads, which 0vision of certain 2, MORTGAGE ALAN MARKOWITZ ppearance is less tit #2 n/k/a Jesus facsimile Homeowners age claiming b throu h, estate must file their in slstance. Please PASS-THROUGH TO ALBERT JAMES cludee�s testimony CERTIFICATES, than 7 days; if you Cardenas, Any And facsimile ,tion, Inc.; Margaret under a g an d 'dente Pon titan C ATES SE- HA Fare against claims Court Admin RP AND MELISSA 9 with this court bw, ich the appeal will tration, 250 NE RIES 2004-2, S. HARP, HUSBANp are hearing or voice All Unknown Parties s ealaw@ Smith Peterson a/k/a the above nam d WITHIN 3 MONTHS untry Club Drive, Plaintiff, AND WIFE, RECORD- impaired, call 717. C 1 a m i n g b y , aibertellilaw.com Margaret Smith; Un- Defendant(s) who AFTER THE DATE OF be based. Anyone Pub: May 29, June 5, Through, Under, And 17-87475 NOS known Parties in re not known to be THE FIRST PUBLICA- who needs a special lite 217, Port St. vs. ED IN BOOK 2298 2013 Against The Herein Notice to Persons Possession #1, If lie- dead or alive, wheth- TION OF THIS NO- accommodation for tie, 2 34986, 772- RICHARD MONTI, et AND PAGE 1676; TCN2520037 named Individual with Disabilities: If in and all Unknown t said Unknown TICE. this meeting must al 9• 7-4370 at a 8766 105TH Defendantls) Who you are a person Parties claiming by, Ponies may claim an ALL CLAIMS NOT SO contact the County's ys before your Dsfendont(sl. V E R 0 B E AOC HT, N THE CIRCUIT a not Known To Be with a disability who through, under and 'teres[ as Spouse, FILED WITHIN THE Americans with Disa- heduled co FLORIDA 3 'Our' ap- 2967 COURT OF THE Dead Or Alive, needs any ac mmo- against the above Heirs, Devisees, TIME PERIODS SET bilines Act (ADA) Co- Srance, or immedi- NOTICE OF Any person claiming NINETEENTH Whether Said Un- dation in ord at to named Defendantls) Grantees, or Other FORTH IN SECTION ordinator at 226-1223 ly upon receiving FORECLOSURE SALE an interest in the sur- JUDICIAL CIRCUIT known Parties May participate in this who a e of known Claimants 733.702 SE THE at least 48 hours in s notification if the plus from the sale, if IN AND FOR Claim An Interest in proceeding, you are to be dead or alive, Defendant(s). FLORIDA PROBATE advance of meeting. e before the NOTICE IS HEREBY any, other than the INDIAN RIVER Spouses, Heirs, Devi- entitled, at no cost to whether said Un- CODE WILL BE FOR. cedsled appear- GIVEN pursuant to a property owoner as of COUNTY, FLORIDA sees, Grantees, Or you, to the provision known Parties may NOTICE OF SALE EVER BARRED. County Indian River e less than 7 Inal Judgment of the date f the lis CASE N0. Other Claimants are of certain assistance. claim an interest as NOTWITHSTANDING Board of County /s 0 you are hear- Mortgage Foreclo- pendens must file a 31 -2011 -CA -002144 defendants, I will sell Please contact Corrie Spouse, Heirs, Devi- NOTICE IS HEREBY THE TIME PERIOD Commissioners sure dated M r odic a 2 claim g o Voice im Y within 60 da s Y b the h' hest and Johnson D 9 A A Coor- s s Grantees o 2013 and n r GIVEN l e tared ' pursuant - red call In efte t to -s Joseph 711. r the sale SET E. P FORTH Y SU ABO NTRUST M VE P ORT - best bidder Case No. 31-2011- for cash dinator, 250 NW Other Claimants; Un- an Order dated May ANY CLAIM FILED Flescher, Chairman :May 22,29,2073 GAGE, INC. Indio haps://www.- Country Club Drive, known Parties in 2, 2D13, entered in TWO 12) YEARS OR TCN2517322 CA -002 Court of the Cir- Dated this 20th day Plaintiff, Indian-river.realfor- Suite 217, Port St. Possession #2, If lie- Civil Case No. 2011- MORE AFTER THE Pub: May 29, 2013 cult Court of the of May. 2013. v. eclose.com ,Indian Lucie, FL 34986, Ing, and all Unknown CA -002728 of the Cir- DECEDENT'S DATE TCN2520199 N THE CIRCUIT NINETEENTH Judi- By Steven Hurley THE U N K N OWN River County, Florida 17721 807-4370 at Parties claiming 6y, cult Court of the 79th n F n F e r U�TOF^oE 19TH tial Circuit in end for FL Bar No. 99802 HEIRS, GRANTEES, at 10:OOAM r,� t6" " 1 1 I-.._ -1- .1 u ' 1661 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Fred Mensing ADDRESS: 7580 129`h Street, Sebastian, FI PHONE: 772-532-6035 SUBJECT MATTER FOR DISCUSSION: Settlement of Promised Lawsuit IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Settlement YES NO YES NO YES NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? a YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: os ph . Baird MEETING DATE: June 11 2013 F \County Admin\ExecAsst\AGENDA\Public Discussion Items Form.doc Board Approved 11/7/06 74 06/05/2013 00:59 7073710664 INOSYS INC PAGE 03 C., -To fV112-42--�-W� L4 AJ rVI W C-14 I L T I Irc 147> tA le -I5-? a 0 *�- © C.- (40 -d C4 /4C--7-7LIU �4, 041; r- rx A -S &'UCG2- C3 circ" Aq A- -r is I res 7---V f�, L L I � l__fc, wle 3 <t- 75 06/05/201.3 06:59 7073710664 INGSYS IFS 1 PAGE 32 .._ .-._..L� �� � ,.__ . �' � _. �'ir-� Ute•-�e' �,� ��� • �.� 1r.) (yrs--� "��...-'---� �-- ------------- _.__..._.......,.......... ........ ......_.. i 76 INDIAN RIPER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any orgawiaation or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCttiSSION Il�IFOR,�iATION Indian River Count, Code Section 102.04101tb1: as a general rule, public discussion items should he limited to matters on which the commission may take action Indian )fiver Comnty Code Section 102.07CI): limit remarks to three minutes unless additional time is granted by the commission NAME OF IN'DPnDUAL OR ORGANIZATION: DIANN RUSSANO (PROBABLY NEED ADDNTL. TIME TO SPEAK MANY FAC'T'S ACCUMULATED) ADDRESS: 2235 81" Terrace, VB. F132966 PHONE: 770-1933 SIJBMCT MATTER FOR DISCUSSION. 82°d Avenue from 20 Street S. to SR60 (TRUCKS & TRAFFIC) IS A PRESENTATION PLANNER? � YES 7 NO LS BACK-UP BEING PROVIDED li X i YES NO IS THIS AN AIPPEAL OF A DECISION j TES i NO WHAT THE RESOLUTION COMMISSION? ARE YOU REQUESTING OF REROUTE ANNOYING SPEEDING TRUCKS ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES = X { NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: _ Interactive Web Form E-mail Fax Mail Hand Delivered Phone COUNTY ADMi MS MAT+ MEETING DATE: 77 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Ardra and Bill Rigby ADDRESS: 8465 591h Avenue PHONE: 501-4753 SUBJECT MATTER FOR DISCUSSION: Equality and Equal Opportunity IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO 1*0w IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE Commissioners and Community working together to resolve issues of REQUIRED TO MEET THIS REQUEST? equality for the minority community Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: C Joseph A. Baird MEETING DATE: �� June 11, 2013 DocumenO Board Approved 11/7/06 Wel Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney PUBLIC NOTICE ITEMS: 6111113 Off, of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Alan S. Polackwich, Sr. - County Attorney�(D DATE: June 5, 2013 ATTORNEY RE: Public Notice of Public Hearing Scheduled for June 18, 2013 to Consider Granting a Franchise to Distribute Natural Gas Within the Unincorporated Area of Indian River County The Board of County Commissioners will hold a Public Hearing on Tuesday, June 18, 2013, to consider granting a franchise to Pivotal Utility Holdings, Inc., a New Jersey corporation doing business as Florida City Gas to distribute natural gas within the unincorporated area of Indian River County. /nhm ( cizn EitvaCa ! Apprutd ,Dai9 NA-ROAdgalI VEE FORi-t—E�a�MEETIG; buagetCept.U�1TY_6,TTOt iEYJ 79 EMERGENCY ITEM PUBLIC NOTICE ITEMS 10C2 JUNE 11, 2013 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 10, 2013 SUBJECT: Public Notice of a Presentation on Natural Gas Expansion by Florida City Gas FROM: Tim Zorc, County Commissioner District 3 NAW A Presentation will be held by Florida City Gas on Monday, June 17, 2013 at 1:00 p.m. at the Indian River County Administration Building "B", Conference Room B1-501 regarding the expansion of natural gas. More than one member of the Board of County Commission is expected to attend this public meeting. For more information, call the Indian River County Board of Commissioners office at 772-226-1490. 7q -I o A INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator ARTMENT HEAD CONCURRENCE: Robert M. Keating, AICP 1 Community Development Director FROM: Roland M. DeBlois, AICP_W> Chief, Environmental Planning DATE: June 3, 2013 RE: Request for Board Approval of an Agreement with Grand Harbor Community Association, Inc. for Improvement and Maintenance of Boat Club Island (a.k.a. Spoil Island IR -25) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of June 11, 2013. DESCRIPTION AND CONDITIONS Boat Club Island, also known as Spoil Island IR -25, is located in the Indian River Lagoon west of the Intracoastal Waterway Channel, approximately one-half mile north of Grand Harbor Marina. The island is owned by the State Board of Trustees of the Internal Improvement Trust Fund (BTIITF). From the mid 1960s through the mid 1990s, a local group known as the Vero Beach Boat Club maintained boat docks and a picnic pavilion on the island. In 1996, the Boat Club requested that the County take over management of facilities on the island. Accommodating that request, Indian River County entered into a 10 -year agreement with the State in March 1996 to manage the island facilities. Those facilities were substantially damaged in 2004 by hurricanes, after which a damaged pavilion was removed. Three docks, two of which are in substantial disrepair, remain at the island. Although the County's 1996 management agreement with the State expired in 2006, the County, in March 2010, entered into a formal sovereignty submerged lands lease with the BTIITF for use of the southern portion of Boat Club Island for public recreation. That five-year lease is set to expire on January 25, 2015, unless otherwise renewed for a longer term. Recently, county staff was contacted by members of the Grand Harbor Community Association, which is interested in entering into an agreement with the County to cost -share dock repairs on the island and to provide volunteer services to clean-up and maintain the County's lease area. To that end, attached hereto is a proposed "Agreement for Improvement and Maintenance of Boat Club Island" between the County and Grand Harbor Community Association, Inc. for the Board's approval consideration. ANALYSIS Under the proposed agreement, the Grand Harbor Community Association will contribute to the cost of repairing the southernmost (longest) of the three docks on the island and removing the other two docks that are in disrepair. The County, in turn, will apply for a $7,500 "Small -Scale Spoil Island Restoration and Enhancement Program" grant from the Florida Inland Navigation District (FIND) to partially pay for the dock repair and removal. As specified in the agreement, the County and the Association will split the cost of dock improvements beyond the amount covered by the FIND grant ($7,500 is the maximum amount available under the grant). Based on a recent cost estimate from a marine contractor, staff anticipates that repair of the southernmost dock and removal of the other two docks will cost approximately $22,000. Assuming that the County succeeds in obtaining a $7,500 FIND grant for the work, the cost to the County and to the Association is estimated at $7,250 each. Other aspects of the proposed agreement are summarized as follows: • The Association and the County shall confer and develop a plan for mutually acceptable amenities on the island (such as picnic tables, grills) and share costs (50/50); • The Association will provide volunteer services such as removal of trash, brush and small tree debris from the useable upland area of the lease, keeping a log of the services that will periodically be provided to the County; • The Association shall maintain general liability insurance providing coverage with respect to activities on the island within the County's lease area; • The Term of the agreement shall be concurrent with the term of the County's lease with the State. Cost and Funding 140" As indicated, staff estimates the overall cost of removing two docks and repairing one dock (the southernmost dock) to be approximately $22,000. Accounting for a $7,500 FIND Small -Scale Spoil Island grant and 50% cost -share with the Grand Harbor Community Association, the County's cost is estimated at $7,250 (for the dock work, not including upland amenities as such picnic tables and/or grills, .to be determined at a later date). The proposed funding source for the County's share of the costs would come from MSTU reserves. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Agreement for Improvement and Maintenance of Boat Club Island and authorize the Board Chairman to sign the document on behalf of the County. Staff also recommends that the Board authorize county staff to apply for a "Small -Scale Spoil Island Restoration and Enhancement Grant" from FIND for cost -share of improvements to Boat Club Island as described herein. 'ATTACHMENTS: 1. Location map of Boat Club Island. 2. Copy of proposed Agreement (with copy of County/State lease attached as Exhibit A). APPROVED: FOR: June 11, 2013 BY. ... I. R. County App d Date Admin. Legal ^S^ Budget ' �^ Dept. Risk Mgr. 2 F:\Community Development\Users\ROLAND\MANWAC\Boat Club Island\Boat Club Isl Grand Harbor CA Agree BCC item 6-11-13.doc 81 BOAT CLUB ISLAND (SPOIL ISLAND IIt-25) AGREEMENT FOR IMPROVEMENT AND MAINTENANCE OF BOAT CLUB ISLAND THIS AGREEMENT is entered into this day of , 2013, by and between Indian River County, a political subdivision of the State of Florida, 1801 27a` Street, Vero Beach, FL 32960 ("County") and Grand Harbor Community Association, Inc., a Florida non-profit corporation, 4755 South Harbor Drive, Vero Beach, FL 32967 ("Association"). WHEREAS, on or about March 29, 2010, the County entered into a Sovereignty Submerged Lands Lease ("State Lease") with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, for use of the southern portion of Spoil Island IR -25, known locally as "Boat Club Island" ("South IR -25"), a copy of which is attached hereto as Exhibit A; and WHEREAS, the Association has offered to enter into an arrangement with the County in which the County and the Association will share the cost of certain improvements on South IR - 25, and the Association will provide volunteer services to clean-up and maintain South IR -25, all as set forth more fully herein; and WHEREAS, the County desires to accept the Association's offer, recognizing that the arrangement will result in a public — private cooperative effort which will benefit, and provide increased recreational opportunities for, the residents of and visitors to Indian River County, NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. RECITALS. The above recitals are true and correct, and are incorporated herein. 2. DOCKS. The parties shall confer and develop a plan to repair the southernmost dock on South IR -25 to a condition which is suitable for public use, and to remove the remaining two docks which are currently in a state of disrepair. Upon development of a mutually acceptable plan, and receipt of a mutually acceptable proposal for construction services, the County shall (a) apply for a grant from the Florida Inland Navigation District ("FIND"), which grant amount is estimated to be in the amount of $7,500, and (b) apply for any permits (other than a building permit) which may be necessary to implement the plan. Upon receipt of the FIND grant and required permits, the County shall enter into an agreement for construction services with a qualified contractor. The cost of the construction services shall be paid first with the FIND grant funds, and the remaining balance shall be paid 50% by the County and 50% by the Association. C:tUws1USERl4ppDafat7.mv1US �UY+ndnwlTanP'kd3'lnlmut FisslConk�d.lF_A8AlXEEYWOVbar_Cln6 Jsfwd - Agreemtn[Aa Page 1 of 3 ATTACHMENT 2 3. ADDITIONAL AMENITIES. The parties shall also confer and develop a plan for mutually acceptable amenities (picnic tables, grills, etc) to be placed or constructed on South IR -25. Upon development of a mutually acceptable plan, the parties shall acquire and place or construct the amenities in appropriated locations on South IR -25. The cost of such amenities shall be shared 50% by the County and 501/o by the Association; provided, however, that either party may elect to pay 100% of the cost of an amenity desired solely by that party, provided the other party does not object after notice. 4. ASSOCIATION SERVICES. The Association shall provide volunteer services, from time to time, to (a) remove trash, brush and small tree debris from the useable areas of South IR -25, and generally maintain such areas in a neat and clean condition, and (b) perform other mutually agreeable services for the betterment of South IR -25. The Association shall maintain a log of such services, including the identity of each volunteer, a description of the services performed, and date and time that such services were performed. Copies of the log shall be provided periodically, or upon request, to the County's Conservation Lands Manager ("County Manager"). All services shall be performed in a manner consistent with the requirements of the State Lease. 5. COUNTY COORDINATION. The Association shall generally communicate with the County Manager with respect to upcoming projects or other significant events involving South IR -25. At the County's election, the County Manager may manage and coordinate Association volunteer services on South IR -25. Upon request of the County Manager, the Association shall demonstrate, through log entries or otherwise, its compliance with the volunteer services requirement of this Agreement. 6. INSURANCE. The Association shall maintain (a) general liability insurance providing coverage with respect to its activities on South IR -25 in the minimum amount of one million dollars ($1,000,000.00) per occurrence. The County shall be listed as an additional named insured on such policy, and (b) State of Florida required workers' compensation insurance providing coverage for employees and volunteers performing services under this Agreement. The Association shall provide current certificates of insurance demonstrating compliance with this section throughout the term of this Agreement. 7. TERM. The initial term of this Agreement shall commence upon execution by all parties, and shall terminate on January 25, 2015, being the expiration date of the State Lease. If the State Lease is renewed, this Agreement shall automatically renew for the same renewal term, which process shall continue for so long as the State Lease continues to be renewed. 8. TERMINATION. For a period of ten (10) years (spanning the initial and any renewal terms), neither party shall have a right to terminate this Agreement, except in the event of material breach by the other party. Thereafter, either party may terminate this Agreement upon 180 days written notice. Page 2 of 3 '•r..i.- C:lUsasIUSERIAppOs�wVLowl1A(ironwJAtYtnd>rslTempor�vylntemet FikslCanfexl£S1HA�FIEEYIf'O18mt_C(ob_lrlmd - AgrcemrnGdoc i; e IN WITNESS WHEREOF, the County and the Association have caused this Agreement to be executed in their respective names as of the date first set forth above. ATTEST: Jeffrey R. Smith, Clerk of Courts, and Comptroller By: Deputy Clerk Approved: Ys'e2p�hBaihrd, County Administrator Signed, sealed and delivered in the presence of: Print name. Printname: e bia- .4 BOARD OF COUNTY COMMSSIONERS OF INDIAN RIVER COUNTY ("County") Joseph E. Flescher, Chairman Approved by BCC: )2013. Approved as to form and legal sufficiency: s Alan S. Polackwich, Sr., County Attorney GRAND HARBOR CO1VPdUN1rfY ASSOCI- ATION, INC. ("Association") °..��. C:lUsenIUSERUppDafaiLorafuMrmmJfllYrndowslTempw�y/Nrme7 FrfeslCaAe21F_518Af7�E17P018aot qrD Jrim�d - dgreementdac Page 3of 3 2058969 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2412 PG:597 Pagel of 16 Exhibit A 0411 3/2 01 0 at 03:53 PM, JEFFREY K BARTON, CLERK OF COURT This Insiniment Prepared By: Pattie J. Scott Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WANED LEASE BOT FILE NO.: 310345913 PA NO.: THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and inconsideration of the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to Indian River County. Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 13 Township 32 Sou Range 39 Eas in the Indian River. Indian River County, containing 40.846 square feet, more or less, as is more particularly described and shown on Attachment A, dated December 3, 2009. TO HAVE THE USE OF the hereinabove described premises for a period of 5 years from January 25, 2010, the effective date ofthis lease. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate three public access docks exclusively to be used for temporary mooring of recreational vessels in conjunction with an upland public recreational area on spoil island IR25, without fueling facilities, without a sewage pumpout facility and without liveaboards as defined in paragraph 24, as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein. The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi -family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.), shall not change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit, or shall not change the type of use permitted by the Lessee's riparian upland easement that is more particularly described in Attachment B without fust obtaining a regulatory permit/modified permit, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease of the riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable. If at any time during the lease tens this lease no longer satisfies the requirements of subparagraph 18-21.011(1)(6)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease. 3. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. (021 G COUNTY ATTORNEY'S OFFICE INDIAN RIVERCOUNTY 180117th Street 8 6 Vero Beach, Florida 32960 4. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 5. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof; and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof may be purchased, sold, or re -sold. 6. INTEREST IN RIPARIAN UPLAND EASEMENT: During the term of this lease, the Lessee shall maintain the Lessee's riparian upland easement that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant to said riparian upland easement, and if such easement interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's easement interest over and across the riparian upland property, Lessee shall inform any potential buyer or transferee of (a) the Lessee's easement over and across the riparian uplandproperty, (b) and the existence of this lease and all its terms and conditions and shall complete and execute and documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act 7. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of manaaoement standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 8. INDEMNIFICATIONMWESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. 10. NOTICES/COMPLIANCErrERNIINATION: The Lessee binds itself; its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative Hiles shall be sufficient if sent by U.S. Mail to the following address: Indian River County, Florida 1801 - 27th Street Vero Beach, Florida 32960 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. Page 2 of 16 Pages Sovereignty Submerged Lands Lease No. 310345813 12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANCE OF FACILITY/RIGBT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14. NON-DISCPJN 1NATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's riparian upland easement that is more specifically described in Attachment B which shall run with the title to said easement, and shall be binding upon Lessee and Lessee's successors in interest. 18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specioed in Paragraph 8 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the Lessee's riparian upland easement that is more particularly described in Attachment B. This lien shall be in its uplands enforceable in summary proceedings as provided by law. 20. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which contains the O.R. Book and pages at which the lease is recorded. Page 3 of 16 Pages Sovereignty Submerged Lands Lease No. 310345813 • e • 21. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 22. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. 23. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior -written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. 24. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 25. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 26. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 27. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to cant' passengers to and from such gambling cruise ships. 28. SPECIAL LEASE CONDITION FOR OTHER FEE WAIVED LEASES THAT ARE REVENUE GENERATING Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(31), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. Page 4 of 16 Pages Sovereignty Submerged Lands Lease No. 310345813 29. SPECIAL LEASE CONDITIONS: A. Mooring between the hours of midnight and 5:00 a.m. is prohibited. Mooring at this facility is temporary and transient in nature. This facility shall be made available to the general public on a fast come, first served basis each day when this facility opens. B. Within 60 days after the Lessor's execution of this lease, Lessee shall install and display permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation. Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods and shall be required to replace the signs in the event they become faded, damaged or outdated. Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures. The number, type, and procedure for installation, of these signs shall be in accordance with the handout, "Permanent Manatee Signs," which can be obtained from the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section, 620 S. Meridian Street — 6A, Tallahassee, Florida 32399- 1600 (Phone 850/922-4330)_ Page 5 of 16 Pages Sovereignty Submerged Lands Lease No. 310345813 PH WI SSES: Ori "II al Signature Prin e e of Witness c Ori i a Signature Prin ype Nam of Witness BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA I - • ,� A ./n.. (SEAL) BY: (-'1 L__. UVl Jeffery M.GenVy, Operations and Manag4ment Consultant Manager, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this DM day of _ 1 d N�-ll (.{6 l 2010� by Jeffery M. Gentry Operations and Management Consultant Manager Bureau of Public Land Administration, Division of State WITNESSES: Original Signature Typed/Printed Name of Wi ess Original Signyure -DAP,P,Y R. v--51 L_A5 Printed, Typed o c1441 urs Notary Public Slate of Florida My Commissio 41 Kathy C Griffin My Commission D0727692 orµo� Expires 10Y3012011 Cornmunission/se.T al No. Indian River County, Florida (SEAL) By,ks43oard of County Com{nissionefs BY• , Original Signature of Executing' uth ty1 • Peter D. O'Bryan Typed/Printed Name of Executing .; nko6rity" Chairman Title of Executing Authority Typed/Printed Name of Witness APPROVED AS TO FORM "LESSEE" STATE OF Florida AND LEGAL SUFFICIEN Y COUNTY OF Indian River County BY GEORGE A. GLENN ASSISTANT COUNTY ATTORNEY The foregoing instrument was acknowledged before me this Qth_ day of March , 20jQ_, by Peter D. O'Bryan as Chairman for and on behalf of the Board of County Commissioners of Indian River County Florida He is personally known to me or who has produced N/A , as identification. My Commission Expires: October 30, 2010 l'.(ZUf )Q `zk'orL l Notary Signature Commission/Serial No. DO 609787 Page 6 of 16 Pages ° Sovereignty Submerged Land Lease No, 310345813 Notary Public, State of Florida Terri Collins -Lister Printed, Typed or Stamped Name 91 2 KV) n �I b� moon x� ^' fon 3Dom= < �m 9 N'm Z—D Z moc ADfrTl O -n v_ CD m _ a ro <X0 '� D D l�/ `IO) O Ap t r .y��� . i o' Zml m D O Z Z 0 ;j N o N FA m z Z ;uo ( Cn (hf�J.]{ g � _ n O Ox n OC Z4 O in C --1 m 2 CZE mo9 C7 O Z <. o D 6� mrn� �. Z co m gNnt1 4 i i m N C QO r='n me D & p D f-+ � m 4'� r.REGEIVE rn 0 z -' DEC 7 2009 v ':,_ 9 N DEP Central QisL "'P`°'r"7FA M M 0 Z8r 00-i N O'01 DrmTJ -1Z Z W-i N 1SN -i N D O (Mn: Nm -1 r'" Cn y�y o O OOmpxoyo-VMMzmg0to20o 2�0O�vNO2N20 Ci70 3 �zNZrncn .�r�mr�*Zm�oo�my m=oma v o0•_.r ,y S Q7 cu 'U -1 N Z .p D r :il z z Z A D :D M• O t9 1" rD nNz000 ZDrnWrnnm� �ovozmm N� m c��x,��(n� m m�-i xOW W2A fA O .�mz- Opp;292- o Dtnz_ m' ODC MSO O� m oo=m Zrio��omw�riw�zAOD,>,Oo +v m C7� D qO (n Z'MZ D OO�DDD<D�r -° A=On N �� O m v'PSA°t�A��ormm��NO�ZmnAiOD�vDZ�n� Z n O Z m Zio '(Z?DU�ZrNn�DDD nD ODv'=O ZOiZ DAp, 0z DS D O Ln ocZi, din' ��ZzzOZDv m�=�vzzz - m(n 0 0 n r (n 0 2C mai �OzzO)C or-� of Omx n r mm mpm�, ��x� L mmmamo�oy2X M? .+ 1"�Z COD N �CmO o A��0Ul2 OO o vO 8> �O�iMZ mzoc) �.y b t.' 0 --1 D G7 (o D m Z y D n Vl m D- Tl O Q r--1 N fRR�Tjjl o �� nmZUiOa �Or'-'T7—��_-� �OxN y�''�N Dm�.�j Z DNrZ*t Z Z ���Z777 '" SD Zfmj1jz:: DCn OZ,_NZO�6 M O ipJD�DOV Ap�Cf�i1 N=.�D70� 20 lTj OGi C � r 0 �� �;I- anm�vm ONAJcDNm-'1-�DOOOX2m uzmOm '� y m D D z m K vmra Nino=Z zrmmmmm p�� n�o�N _0 �� m r- (n o v� o. m m v z D x '� r f z �O N F n� ny Zx m. ��Z' ym0 m C C n Z me C NZ(�*7 m Z-5,zo-o 559E8o=o-D�`''o-12c�i�n �o��., Y � � a 0 2 mm mD A mumD�c^NAD>M:r9 ��Ozoy-40 oz� NqW� N 0, m O'9xN Z OD O 000 2 m 0=2m CDin KC-) b b o +� �mrzzzrD-�vr=�ZZmrzrM"m=�=v=v�io�i i Z Z D 00 �m-4 Z'05FA ! ism= zmOxC) 0"nM 0 O• O.-M N� (� ( ii �t .Z7 O�(n _0mD UI r�O�Ip DZ {-1Zm-i O '� (A 0 ? o = r-02 CzO N Z m co m��;m�m�pzZmODNVAO�ZZy=C� DZ� Zoe rnMC M- 0�r2 ice zmx'o Z D �;O -O n '2D=�NDmmZ-u��OmM a: m OHO m N m A m Z C D m O= N. OCC z C Don O m M m Z D n 0 N mU1�Z ZZZ :i ZD>•T1m M,m0M oV) m�mN -u D Amz Z A� mo xZ(pm— O ZC4o `p o .Z7 m Z Z1� � :1 na r.V.� �awm.o ora wo¢rsµc.+or au mw m wz u.�r�.warusm vw nu as wa a1ear�as�m-.d+ swo au raa w a�ttn.c ww�m n-»-o Attachment A Page 7 of 16 Pages SSLL No. 310345813 92 o a n a u n> -1 m A CO V Q O V) -1 o m z 2-N A r) 'N mN- N m=N �N r (n a GG c�- 0 [*1O AOA mN.Z- 0 oy vAN ZN ON < O C<z z Bmf c° AZD ZOpA rO WOM nen O= A O ln� Z= N= R=1= mum M UDA- i b N Z zZ cmi Z gZ �Z 11 Z 1� b mrd i v virmDIM OW OOO 00 00 00 fTl�� I"mol'' Z20 0Nmy'm17 yo>AC� I --i o FO�z Z. N.,v v Dtmii o v0 D� -O 3; 5iOA AR z S Z o �n- zp5 ypE ^ 00 j O,m�A OCA OO InO 4O H O L'yi rz 1�+1Z- ZZ=DZ F< iZ DZ AZ m P ti4. SII++ cK�O z N m"N-iN M, >,Z tAm ON S1 t ra Z z pOmNN D NO =� NZ $��iem �CU l :D O 2 - g I o N m�Omp Arn pD pN CO.�nwy, Js'+�` M� m ro e_ ZJ 'i, =Z Oria f, G L^ rio Z • 1 Z cn mCOr=v O0 OZ OX AO��z S 0 PL� n-A`o�'m Z� Zvm yyF ;$ 5� �i� �7 vm O'IOi yn a m0 y�Z R}AJ ANA Z� ZA AN MR. 1^ v Vlc ��D <oG yrynuc 0 9 0 m m % Am^ o 0i,,D90o m�.rnr z�apZ� z= cm -nm O� og -gN oC 6m =11 =0 ALA n7yC my Ni y z aA �m OZZ i>"' ;pzA� ,m -08Oc o "a L-b�m 0Ain NOA TD ;m=z m cO O zoT Z Na zocg0 �Zm =xA mn>Z z 0 hm m wa)<� 2 >> K ^' A£�-i m D f Gmo Ip 00 ri y� � O •�Zzmx rq� oy, OS m '/J Z o Op 0-DiN D ss c1 '� z Om v a'p0A o- m 0� Y Nm' 1 a om !^ mei oo 0r A A Cc: �mz m N -N1 Z g4 moo uv SCD r (7 n � AD 2 C1 �e y OZ00 5W- m n0 mz!l N D p z m o�Zv—N Zl Cn C Ol Z N -i A N O N rV. vp g Z Z :E n M o M 0 z _ z _ \Z� q �� 0 m O -+0v N o m a Z vI m ZA =_ ZO m�m �� II m i 1- y ITi N II II r II O Z m rU) ITl n?c y � ©_ �� �� olo moT zo < vm G1 �C 2�x�mZ�y NiP. �Z R'1 0y�r C{ O> �m mums 00 rr A-O�-Im �Z.,� 7C tDp �Q4 �Z DO O zi�c)m o�Z� o'c\0 0 Orb ZD �Z=K0 TO y3n�Z D O Oen NZ r �p cmr,?,:9C: z � �i1?� Z n z Ln') £ C (A O 1 I\tlI CA D �� mmm0 >� �y-�0�' = 2 z A y Q O fA :f7 r Z Z m OZ aOp£ O M I U �C 0 yr o�� M Jam$ �O W $ a Iv O V n1 Z � '*1 i Z ;' O Attachment A Page 8 of 16 Pages SSLL No, 310345813 93 z i Attachment A Page 9 of 16 Pages SSLL No. 310345813 Z � r r rT% r r C Z �D O CoOD VOUA A < A C7 0 �% DLJ= m x C: (Tl O O A J n Z6> m <'o N M� W J m m c Z7 D r <XO 0 C7 D N(l�OD O� W OO�O Z m== mm Co -i D O ON W USW NODNON z ��� .p � O x z -'SOON W � lDO W !•• OawO i D O A � U' J o z Z �zz� lD N? O m 01 O Cn c m A u M ?W N-+ .Z m x +H+l- o Z 70 O Z C C: < . mrn-n Z N N N N N N N J N N Z N N N N N N N N N � ?AAA ?AAA A � CC7j Com' O J ? U U U rn U U A U U U ? nt�r1 _^ � O A -u — (7 G7 A U O O J�� O O� j N W V W -•ANO l0O ,p O N O V W m U 0 O O O ff./ z Z fu� n u'7.7y ? VNAi+m mW A? y ��+ V O D CC) r m � m i 00 CD uincncnUUcnU v�cn o N NNNNNNN NN V z A m o z V V V V U A A m O o) .wr WAAN��JA �O �z u+o �� C Oi+.ONW000� ? W ,p CIyd rnVTW�>NY COV C.) n Z f�Tl � m O o�N n O r z �o z a X D z v 71 o w O OCu N N r > o z �a N O A O O A O a` N m U co x 0 Z V1 o o 0 n < O O M N Z0n mC) -C+ 0Urn G)Z � DO D z Nrn o (n to mcno n o'4 F m� m �� p z zv7 t" w2z �0D M ci CD eve Mhw�nOm Z� to 5 D p r w Co a ��� �O �0a C�rJ� z m o r y � Cr1 O m Z D= D ;0 00 Naz ~ ��n Z m c Cn m -3 A E �2� O b D cn x r z z p O Cil •off M� O N O O M O z M � ^•. �:ws ..msv�men a�su .�ornsww-sw aw a.o 0o wv �.ms�.,.mwor.cn w.� w..rwc�ew i r r r r r r r r r C Z �D O CoOD VOUA W N� m x vi�nin�zzzv�v�cn U? O U U W U W J m U�? N(l�OD O� W OO�O Z NOS--�OOU00W O ON W USW NODNON i�mr�riri� ��� .p � Ato? -'SOON W � lDO W NOOO OawO i O A � U' J O t0 lD N? O m 01 O m A i r r r r r r r r r C Z �D O CoOD VOUA W N� m x vi�nin�zzzv�v�cn U? O U U W U W J m U�? N(l�OD O� W OO�O Z NOS--�OOU00W O ON W USW NODNON i�mr�riri� ��� .p � Ato? -'SOON W � lDO W NOOO OawO i O A � U' J O t0 lD N? O m Attachment A Page 10 of 16 Pages SSLL No. 310345813 95 -w..- TATE OF FLORIDA JDIAN RIVER COUNTY HIS 15 TO CERTIFY THAT THIS 15 TRUE AND CORRECT COPY OF Hr. ORIGINAL ON FILE IN THIS )FFICE. JEFFREY K. � tTON, CLERK Y D.C. ATE - ' IN THE RECORDS OF JEFFREY K. BARTON DEPARTMENT OF THE ARMY INDIAN RIVER CO COURT CONSENT TO EASEMENT TO USE CORPS OF ENGINEERS RIGHT-OF-WAY Consent No. DACW17-9-96-0028 Project: Intracoastal Waterway, Jacksonville to Miami, Indian River County, Florida Tract No. 398 THIS CONSENT TO EASEMENT AGREEMENT, made by and between the UNITED STATES OF AMERICA, DEPARTMENT OF THE ARMY, hereinafter referred to as the "Government", acting by and through the Chief, Real Estate Division, U.S. Army Corps of Engineers, Jacksonville District, hereinafter referred to as "said officer," and Board of County Commissioners, Indian River County, Florida, 1840 25th Street, Vero Beach, Florida 32960, hereinafter referred to as the "Grantee": .WHEREAS, the Government has acquired a perpetual easement over the above -numbered tract of land, which easement, by its terms, reserves to the Government, in perpetuity, the right to deposit dredged material in connection with construction, improvement, and maintenance of the Intracoastal Waterway, Jacksonville to Miami, Indian River County, Florida; and WHEREAS, the Grantee has requested permission to operate and maintain a public recreational facility in, on, across, over, and under a portion of the lands identified as Tract No. 398, Section 13, Township 32 South, Range 39 East, Indian River County, Florida. The area comprising 12.00 acres, more or less, is shown in red on Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, this consent is granted and accepted under the following conditions: 1. That it is understood that this consent is effective only insofar as the property rights of the Government in the land to be occupied are concerned, and that it does not relieve the Grantee from the necessity of obtaining grants from the owners of the fee and/or other interests, therein, nor does it obviate the requirement that the Grantee obtain State or local assent required by law for the activity authorized herein. COUNTY ATTORNEY'S OFFICE INDIAN R1YER COUP •' 1940 23fli Sfrenf Yoro Beach, Florida 32960 Attachment A Page 11 of 16 Pages SSLL No. 310345813 O to N W N Rue 2. That any.proposed improvements or use authorized herein shall ...- not be commenced until appropriate rights shall have been obtained by the Grantee from the record owners and encumbrancers of the fee title to the lands involved, or until the Grantee has obtained all Federal, State, or local permits required by law. 3. That the proposed improvements or use authorized herein shall be consistent with the terms and conditions of this Consent; and that any improvements or use not specifically identified and authorized shall constitute a violation of the terms and condi- tions,of this Consent which may result in a revocation of this Consent and in the institution of such legal proceedings as the Government may consider appropriate, whether or not this Consent has been revoked or modified. 4. That the exercise of the privileges hereby consented to shall be without cost or expense to the Government and under the super- vision of and subject to the approval of the said officer having immediate jurisdiction over the property and subject to such regulations as he may from time to time prescribe, including, but not limited to, the specific conditions, requirements, and specifications set forth in paragraph 14 below. S. That the Grantee shall supervise and maintain the said improvements and cause it to be inspected at reasonable intervals, and shall immediately repair any damage found therein as a "result of such inspection, or when requested by said officer to repair any defects. Upon completion of the installation of said improvements or the making of any repairs thereto, the w.. premises shall be restored immediately by the Grantee, at the Grantee's own expense, to the same condition as that in which they existed prior to the commencement of such work, to the satisfaction of said officer. G. That any property of the Government damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to _ the satisfaction of the said officer, or in lieu of such repair or replacement, the Grantee shall, if so required by said officer �- and at his option, pay to the Government an amount sufficient to -v c-� C7 U1 -.J K Attachment A Page 12 of 16 Pages SSLL No. 310345813 97 compensate for the loss sustained by the Government by reason of damage to or destruction of Government property. 7. That the Government shall not be responsible for damages to the property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the Grantee, or for damages to the property or injuries to the person of the Grantee, or the persons of Grantee's officers, agents, servants, or employees, or others who may be on said premises at the invitation of the Grantee or the invitation of one of them, arising from Governmental activi- ties on or in the vicinity of the said premises, and the Grantee shall hold the Government harmless from any and all claims. S. That the Government shall in no case be liable for any damage to any improvements herein authorized which may be caused by any action of the Government, under the rights obtained in its easements, either hidden or known, or that may result from the future operations undertaken by the Government, and no claim or right to compensation shall accrue from such damage, and if further operations of the Government require the alteration or removal of any improvements herein authorized, the Grantee shall, upon due notice, from said officer, alter or remove said improve- ments without expense to the Government and subject to .the supervision and approval of the said officer and no claim for damages shall be made against the Government on account of such alterations or removal. 9. That construction and/or operation, maintenance, and use of any improvements incident to the exercise of the privileges w.r herein granted shall be in such a manner as not to conflict with the rights of the Government, nor to interfere with the operations by the Government under such rights nor to endanger lives and safety of the public. 10. That this Consent may be terminated by the Government or - said officer upon reasonable notice to the Grantee if the Govern- o ment or said officer shall determine that any improvements or use to which consent is herein granted interferes with the use of CD �D said land or any part thereof by the Government, and this Consent �- may be annulled and forfeited by the declaration of the Govern- ment or said officer for failure to comply with any or all of the O Cil C6 3 Attachment A Page 13 of 16 Pages SSLL No. 310345813 15. That this Consent may not be transferred to a third party without the prior written notice to the Chief, Real Estate Division, U.S. Army Corps of Engineers, Jacksonville District, Post Office Box 4970, Jacksonville, Florida 32232-0019, and by the transferee's written agreement to comply with and be bound by all the terms and conditions of this Consent. In addition, if the Grantee transfers the improvements authorized herein by conveyance of realty, the deed shall reference this Consent and the terms and conditions herein and the Consent shall be recorded along with the deed in the Registrar of Deeds or with other appropriate official. This Consent is not subject to Title 10, United States Code, Section 2662. IN WITNESS WHEREOF, I have hereunto set my hand, by authority of the Secretary of the Army, this �5 day of 1221 l Ai 1996. UNITED STATES OF AMERICA BY: BART J. WIVELL Chief, Real Estate Division U.S. Army Engineer District Jacksonville, Florida BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA 0 A CD iPA B. f%D{Ims, 01KR RAnJpA— . Indian niv 4: prr,ved Dale CD Risk Deparime-M i Dlvislon ` Attachment A Page 14 of 16 Pages SSLL No. 310345813 W y-- Attachment A Page 15 of 16 Pages SSLL No. 310345813 100 nnt-4 'III in �r. Attachment A Page 16 of 16 Pages SSLL No. 310345813 0 -o c-� O 6l N 101 C— CD N O W s• • 0 O 3 3_ Cn O CD CD 0 ca -n CD CD 3 CD ia.A. I. G) O 03 O O < CT � �- CD O 03 O 0 C O CT 3 CD Cn N � O o 0 CD O� 0 ca -n CD CD 3 CD ia.A. I. '�q`�•• `�, � s ."a`s"i ��': � �''.„N i �a b?, �'v I bP�� 4zal iP� ru' SAH k B �, a Zi g�.r ar�ttRsta NNN '*,k>,p 4iM v a a>u'l — '10.31 w. iii i N, i }y g 76 ��fi �r� 4 �v Dr>+ : riy AFF Fk �P r F i tip 1 4 o x*ve t 0 k 101 -, 4 AA AAA Q_ Lot a+e i hoy 41 Vol WON r MOON ell AMR Who JAAW W. Ti, N .000 IM T Not € ,� �-• Ea�,,",,�x yg,, y � ��.� �ny Fri '� � i= ��,;�•- ,� �°° .. ` r - � a °p���y"} i�;' '�q�,,yT754'�,="�r"'ti +a'X`"� ",�°�a"+¢ #en ,w. ,'La`t � < � � +•.r4P + �,..��nn•• .ems 4 9gyr � d dVA AN t a All too roti. "n'�", d' ✓ �.'b /a.';i'�''t T-1 ,ad'o�% �"r4..,,*+r• r #I ar p ;plot ISO WW Moot ap visits! 11 TAt » f # �,� € 9 , z 4� A• a to t� t .ri INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Robert M. Keating, AICP;ommunity velopment Director DATE: June 3, 2013 SUBJECT: Consideration of Acquisition and Disposition of Block Property It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 11, 2013. DESCRIPTION & CONDITIONS In December 2012, the St. Johns River Water Management District (SJRWMD) approved a Lands Assessment Implementation Plan. The purpose of that plan was to assess the 618,423 acres of district owned land to determine whether continued ownership of all that land was still necessary. While the principal factor considered in the assessment was conservation value, other factors were considered as well. Overall, the Lands Assessment Implementation Plan calls for 92% of the 618,423 acres of district owned property to be retained by the district. According to the plan, the remaining properties are to be donated to local governments with the district retaining a conservation easement, sold with the district retaining a conservation easement, surplussed for sale/exchange, or retained for alternative uses. Within Indian River County, the SJRWMD owned Block property is designated for sale to the County with the sale price equal to the district's investment in the property and with the district retaining a conservation easement on the property. Located adjacent to the Hobart Landing subdivision, the Block property consists of two tracts which total 32 acres. One of the two tracts is north of 79th Street, while the other is south. Attachment 1 depicts the location of the two parcels comprising the Block property. R\Community Development\Users\CDADMMAGENDA\2013\Consideration of Acquisition and Disposition of Block Property 0611 l3.doc 102 1 In this case, the district initially proposed that the Block property be declared surplus and sold at market value. When Hobart Landing residents became aware of SJRWMD staff's recommendation regarding the referenced parcels, however, the residents indicated that the properties had been acquired by a former resident and had been intended for conservation. In fact, the former owner had donated the properties to The Nature Conservancy (TNC) with the intent that TNC would maintain the properties for conservation. Subsequently, TNC conveyed the properties to the SJRWMD. Through those various conveyances, there were never conservation easements recorded for the properties. Given the physical characteristics of the properties, district staff found that the properties were not necessary for the district to retain. In response to the district's initial determination, the Hobart Landing Property Owners Association coordinated with SJRWMD staff, Indian River Land Trust (IRLT) staff, and County Community Development staff. The Land Trust became involved because it owns land adjacent to one of the SJRWMD properties. To ensure that the subject properties are protected from development, the Land Trust agreed to take ownership of and to manage the subject properties. The problem with that scenario, however, is that the SJRWMD is required to sell the properties at market value, unless the properties are transferred to a local government. Even with the transfer to a local government, the SJRWMD would require that it be reimbursed its acquisition costs for the properties. ANALYSIS Given the facts stated above, the parties agreed that the best solution to the referenced issues would be for the County to acquire the properties from the SJRWMD for the district's acquisition costs. Those costs are approximately $86,000 and would be paid by the Land Trust. In fact, that scenario is reflected in the adopted Lands Assessment Implementation Plan, which calls for the Block property to be sold to the County for a price equal to the district's investment in the property. Once the County receives the properties from the SJRWMD, the County would convey the properties to the Land Trust. Through that process, there would be no cost to the County, there would be a conservation easement put on the properties by the SJRWMD, and there would be a County/Land Trust agreement committing the Land Trust to maintain/manage the properties. In terms of state property disposition regulations, Deputy County Attorney Bill Debraal has confirmed that Section 125.38, Florida Statues allows the County to convey the properties to the Land Trust without having to adhere to surplus property requirements. On June I Ith, the SJRWMD governing board will consider this matter. At that time, the district will decide whether or not to convey the subject properties to the County. In its report to the governing board, SJRWMD staff is recommending that the district approve the property transfer. F:\Community Development\Users\CDADMIN\AGENDA\2013\Consideration of Acquisition and Disposition of Block Property 061113.doc 103 3 2 At this point, the Board of County Commissioners must determine whether to acquire the Block L... property with IRLT funding and then convey the property to the Land Trust. It is staff's position that the Board should take that action, since it will result in conservation of the Block property at no cost to the County. If the Board of County Commissioners and the SJRWMD governing board both approve the property transfer, a closing will be scheduled in the near future, and the property conveyance will proceed. RECOMMENDATION Staff recommends that the Board of County Commissioners approve County acquisition of the Block property with Indian River Land Trust funding and approve conveyance of the Block property to the Land Trust with conditions that the Land Trust manage/maintain the property. Staff also recommends that the Board of County Commissioners authorize the chairman to execute any property transfer documents and authorize County staff to take any necessary actions to facilitate the property transfers. Attachment: 1. Location Map APPROVED AGENDA ITEM: Co.—Indian River I 11 Me NAME Q. ��� ►, r1r�l�i� F:\Community Development\Users\CDADMIN\AGENDA\2013\Consideration of Acquisition and Disposition of Block Property 061113.doc 3 104 LP�000 OlPN RwE 17 N O O I o 0 0 O 00 O O 0 O 0 0 0 0 f CD 0 0 0 C) O 0 0 o O O O p M p O M O O O O m C> Cl) O M O O M N Cl) m N Cl) Cl) M Z, C) (1) 3 J p7 M M o - Q Q Q. 2 o C> Q' Q v _ 0o O O 7 - ¢ c1 ♦1 / O N M M !� V O O O O p O O M M M M Cl) M O M O O O O O O O Cl)00 0 O CO O O O O O O O M M co Cl) pO O O O O O O O m O O O O 0 M M M M Cl) M OIt O M M M M M O M 0 O O O r Cl) M p = O O O CY)M O O O ... 0 0 /�t1 H16E OM J O 0 M Z O O j O f7 O 0 0 \GN co M O O LL O O O Co M (/1 b' NNVYV3701�� C '(n V/ O O O O O O O _1 O O O O O O Cl) N M y� Alan S. Polackwich, Sr., County Attorney William K DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney Attorney's Matters - B, CC 06.11.13 Off, Ce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners �a FROM: Alan S. Polackwich, Sr., County Attorney l DATE: June 5, 2013 SUBJECT: Initial Review and Consideration of Impact Fee Suspension Ordinance Permission to Advertise for Public Hearing On May 21, 2013, the Board of County Commissioners instructed the County Attorney to prepare an ordinance suspending impact fees, for initial review and consideration. Specifically, the Board instructed that the proposed ordinance should (1) suspend all impact fees for a period of 18 months, and (2) reinstate impact fees, in 25% increments, quarterly thereafter. Attached is the proposed ordinance for the Board's initial review and consideration. DISCUSSION. Impact fees were first imposed in Indian River County in 1986, with the adoption of a traffic impact fee. In 2005, eight additional impact fees were imposed (emergency services facilities, correctional facilities, public buildings, law enforcement, library facilities, solid waste facilities, parks and recreation facilities, and public education facilities). Starting in April 2009, following the downturn in the national and local economy, the Board adopted the first of five temporary suspensions of certain impact fees. Currently, impact fees for public buildings, correctional facilities, and solid waste facilities have been suspended through March 31, 2014. If the proposed ordinance is adopted, it will supersede this current, limited suspension. APPROVED FOR JUNE 11, 2013 B.C.C. MEETING ATTORNEY'S MATTERS COUNTYATTORNEY R�ArmmeNLindalvenero/18 C CWgendadfemosVmp=1 Fee (Suspension Ordinance) 01.do Indian River Co. App • ved Date Admin. Co. Atty. Budget Comm. Developmt. Public Works `S 106 Board of County Commissioners June 5, 2013 Page Two Several additional points should be noted: • The proposed ordinance includes all impact fees except water/sewer facilities. All impact fees (except water/sewer) are addressed in chapter 1000, et seq. of the IRC Code. Water/sewer impact fees are addressed separately in chapter 201 of the Code, and have always been viewed somewhat differently from the chapter 1000 fees. The County Attorney was uncertain whether to include water/sewer impact fees in the proposed ordinance. However, after talking with the Chairman (whose agenda item led to the proposed ordinance), it was decided to exclude the water/sewer impact fees, and bring the exclusion to the Board's attention in case other commissioners felt differently; • The proposed ordinance does include impact fees for public education facilities. The County Attorney has alerted the School District Superintendent that suspension of these fees is under consideration, for any input the School District wishes to provide; and • At the May 21, 2013 meeting, Commissioner O'Bryan asked whether the proposed ordinance could take effect on May 21, 2013 — such that impact fees collected between that date and the actual date of adoption (presumably in July 2013) would be refunded to the party who paid the fees. Although there is no law specifically on this issue, it is the County Attorney's opinion that, under the County's broad home rule powers, the proposed ordinance could be revised to make it retroactive to May 21, 2013, if that is the desire of the Board. During the preparation of the proposed ordinance, the County Attorney was advised of County administrative staff's concerns relating to the ordinance. Specifically, administrative staff equates payment of impact fees with construction of infrastructure, and argues that if impact fees are suspended, there will not be sufficient funds available to build the infrastructure needed to accommodate future growth — or, if the infrastructure is built, the funding shortfall resulting from the suspension will need to be made up from other sources, such as ad valorem taxes. Administrative staff argues that without such funding, the Capital Improvements Plan will not be able to be implemented, and will have to be revised; and, contrary to the intent of impact fees, new growth occurring during the period of suspension will not pay its fair share of the cost of infrastructure needed to accommodate such growth. The County Attorney considers these issues to be a matter of policy between the administrative staff and the Board, and takes no position on the issues, beyond relaying the concerns to the Board in this memo. The County Attorney does note that the Board has legal authority to adopt the suspension. However, the County Attorney also confirms that any loss of funding resulting from a suspension of impact fees will have to be made up from sources other than future impact fees. To make up the shortfall with future impact fees would place a disproportionate burden on parties paying future impact fees, contrary to applicable law. F14aorngVnda1Genera1O CC14genda AlemosVmpacr Fee (Suspension Ordnance) 01.doc 107 Board of County Commissioners June S, 2013 Page Three Lastly, in 2005, the County entered into interlocal agreements with the five municipalities and the School District. Those agreements require the County to provide 30 days notice prior to any amendment of the impact fee ordinance. If the Board decides to move forward with possible adoption of the proposed ordinance, the required notice will be given. RECOMMENDATION. The County Attorney recommends that the Board review and consider the attached proposed ordinance and decide whether to move forward with possible adoption. If so, the County Attorney requests permission to advertise for a public hearing for final consideration and adoption. ATTACHMENT(S). Proposed Ordinance ASP:LAC F:Wrm—yDL d.lG--IB CCMgenda M—.VmpaFee(Sup..i- Ordinance) 01.d. ORDINANCE 2013 - AN ORDINANCE OF THE BOARD OF COUNTY - COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 1000.06 OF THE CODE OF INDIAN RIVER COUNTY RELATING TO THE IMPOSITION OF IMPACT FEES; SUSPENDING THE PAYMENT OF IMPACT FEES FOR A PERIOD OF EIGHTEEN MONTHS; ESTABLISHING A SCHEDULE FOR REINSTATEMENT OF THE PAYMENT OF IMPACT FEES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, impact fees serve an important public purpose in Indian River County by providing a mechanism for new growth to pay its proportionate share of the cost of new or expanded infrastructure necessary to accommodate such growth; and WHEREAS, notwithstanding such public purpose, the Board of County Commissioners has determined that a greater public interest will be served by suspending all impact fees for a temporary period of time, to encourage economic growth and development, stimulate the local economy, and provide other related benefits to the residents of Indian River County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY THAT: Section 1. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as the findings of the Board. Section 2. Amendment of Section 1000.06 of Title X of the Code of Indian River County. Section 1000.06 of Title X of the Indian River County Code is hereby amended to read, as follows (new language is indicated by underline, and deleted language is indicated by stfilethrough): 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. 109 Y.INIf lipNEW or 109 ORDINANCE 2013 - Exception: The imposition of all impact fees (emergency services facilities, correctional facilities, public buildings development, law enforcement, library facilities, solid waste facilities, parks and recreation facilities, public education facilities, and traffic facilities and roadway improvements) is temporarily suspended for a period of eighteen (18) months, commencing; July , 2013 and ending February , 2015. Thereafter, the imposition of such impact fees shall be reinstated according to the following schedule: Commencing on February , 2015, the requirement to pay twenty-five percent 25% of all impact fees shall be reinstated, commencing May , 2015, the requirement to pa�fifty percent 50%) of all impact fees shall be reinstated; commencing August , 2015, the requirement to pay seven -five percent 75%) of all impact fees shall be reinstated; and, commencing November , 2015, the requirement to pay one hundred percent 100% of all impact fees shall be reinstated. The intent of the aforesaid suspension of impact fees is to encourage economic growth and development, stimulate the local economy, and provide other related benefits to the residents of Indian River County, all within a relatively short period of time following adoption of the suspension. Accordingly, the suspension shall apply only to construction which is (a) undertaken pursuant to a building_ permit issued between July , 2013 and November , 2015, and (b) completed, through issuance of a certificate of occupancy, within eighteen (18) months after issuance of the building permit. If construction is not completed, through issuance of a certificate of occupancy, within eighteen (18) months after issuance of the building_ permit, any suspended impact fees shall be paid in full before issuance of the certificate of occupancy. Additionally, suspended impact fees shall not be the basis for issuance of an initial one (1), three (3), or seven (7) year concurrency certificate for future construction which does not meet the requirements of subsections (a) and (b). (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. Section 3. Appendix A. Impact Fee Schedules. Appendix A, Impact Fee Schedules, of Title X, Impact Fees, of the Code of Indian River County is hereby revised to reflect the 2 110 ORDINANCE 2013 - suspension of impact fees as set forth herein. Revised Appendix A is attached to this ordinance as Exhibit A. Section 4. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 5. Severability. If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This ordinance shall take effect on July _, 2013. This ordinance was advertised in the Vero Beach Press -Journal on the _ day of June 2013, for a public hearing to be held on the _ day of July 2013, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2013. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Joseph E. Flescher, Chairman Approved as to form and legal sufficiency: Alan S Polackwich, Sr., County Attorney EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of .2013. 3 &�I At--- N .0 0o O ,y J 11:1 in C D 00 A U p� A to J .J-. � fl JC Os bs C a J ,�D in ONS W I� N N F O tJii v' � N J N O a\ to w iD F v. J W J oG Z -4 69 _ _ H to O •t1�+ •.• A O\ C J J 00 A pp W ^' ^ N N N fJ hJ fry' C D\ O, O1 F J O Q\ to Q\ A June 11, 2013 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 28, 2013 SUBJECT: Children Services Advisory Committee (CSAC) District 1 Appointment FROM: Wesley S. Davis Commissioner, District 1 The Board approved Paul Reeves' appointed to the CSAC as Member -at -Large on January 22, 2013. An attempt to appoint District 1 representation has been on going since December 2012. I kindly request the Board's consideration and direction with approving Mr. Reeves' removal from the Member -at -Large position, and appointing Mr. Reeves as District 1 appointee. Mr. Reeves would not object to moving from Member -at -Large appointee to District 1 appointee. It may be easier to fill a Member -at -Large position than a District appointment. WSD:mlp C:\Documents and Settings\cdadmin\Local Settings\Temporary Internet Files\Content. Outlook\9VKARQ8V\CSAC Dist 1 appt.docx 112 JUNE 11, 2013 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 30, 2013 SUBJECT: Staffing Levels in the Commission Office FROM: Tim Zorc Commissioner, District 3 I would like to request discussion on staffing levels in the Commission Office. 113 15-81 INDIAN RIVER COUNTY �ti,`�1vLnco\ 1 SOLID WASTE DISPOSAL DISTRICT A I� BOARD MEMORANDUM Date: May 31, 2013 To: Joseph A. Baird, County Administrator From: Vincent Burke, Director of Utility Services® Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Change Order No. 1 to Paul Jacquin & Sons, Inc. (Bid No. 2012051) for the New Oslo Customer Convenience Center project BACKGROUND: On October 23, 2012, the Solid Waste Disposal District (SWDD) Board awarded Bid No. 2012051 for the New Oslo Customer Convenience• Center project to Paul Jacquin & Sons, Inc. (PJSI) in the amount of $2,161,000.00. The notice to proceed was issued on December 5, 2012 with allowance for a time extension based on the issuance of the building permit. Also, the contract included provisions for direct purchase by the owner to take advantage of tax savings on the project. The project engineer, CDM Smith Inc. (CDM Smith), has reviewed and recommends approval of the attached Change Order No. 1 to PJSI which reduces the total contract as a result of direct purchases and provides an extension of time to account for the actual building permit date and approved rain days. ANALYSIS: As provided in CDM Smith's analysis, the project directly purchased equipment and materials to reduce the contract by -$503,959.64. Overall, the project realized tax savings in the amount of $42,281.35 from using the direct purchase approach. Upon SWDD staff approval, CDM Smith also issued several Work Change Directives that resulted in project deductions of -$21,792.25 and valid additions of $60,124.85 for a net addition of $38,332.6. Therefore, the total recommended approval for Change Order No. 1 to PJSI is -$465,627.04 with a net revised contract amount of $1,695,372.96. Specific breakdown of each of these items is provided as an attachment. CDM Smith also recommends approval of an additional 67 days due to the issuance of the building permit, and an additional 7 days for rain days for a total additional time of 74 days to the project. Overall, the project is progressing well with a tentative date to open the new center in mid --- June, 2013. SWDD Agenda - Change Order No 1 to Jacquie Sons for Oslo CCC Project _ Page 1 114 ACCOUNT INFORMATION: Funding for the New Oslo CCC project is budgeted and available under the SWDD recycling account WIP number which is funded from SWDD assessments and user fees. Aourit New Oslo CCC Project 411-169000-08009 -$465,627.04 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Approve a deductive Change Order No. 1 in the amount of -$465,627.04 to Paul Jacquin & Sons, Inc. (Bid No. 2012051) b) Approve 74 days of additional contract time to Paul Jacquin & Sons, Inc. (Bid No. 2012051) ATTACHMENT: 1. Change Order No. 1 to Paul Jacquin & Sons, Inc. APPROVED FOR AGENDA: By: Jose h A. Baird, County Administrator � D/3 Date Indian River Co. A roved Date Administration Budget Legal�p • • �3 SWDD 00SWDD S �3 SWDD Agenda - Change Order No 1 to Jacquin Sons for Oslo CCC Project Page 2 115 Smith 1701 Highway A -1-A, Suite 301 Vero Beach. Florida 32963 tel: +1 772 231-4301 fax: +1 772 231.4332 cdmsmith.com June 3, 2013 Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 741 Avenue SW Vero Beach, Florida 32968 Subject: Oslo Customer Convenience Center Change Order No. 1 Dear Mr. Mehta: Enclosed is one original copy of proposed Change Order No. 1, which has been executed by the 1"0, Contractor. This proposed change order decreases the Contract Cost by $465,627.04 and increases the Contract Time by 74 days. This proposed change order incorporates several work change directives, rain days, and items that Indian River County (IRC) will purchase directly, which have previously been reviewed with and approved by IRC staff, in order to take advantage of the sales tax exemption. A summary table of the proposed changes is attached to this letter. Please take the necessary steps to process this proposed change order through the IRC Board of County Commissioners. Upon approval, please return a fully executed copy to us for our files. if you have any questions, or require additional information, please call me. Sincerely, Kevin N. Vann, P.E., BCEE Senior Project Manager CDM Smith Inc. j)1169_CA_.1 Norevised.dm WATER + ENVIRONMENT +TRANSPORTATION + ENERGY + FACILITIES 1116 Smith Mr. Himanshu H. Mehta, P.E. June 3, 2013 Page 2 KNV/jj Enclosure File: PW XM1 6706-64768-05.06 cc: Vincent Burke, IRC Eric J. Grotke, CDM Smith ij IIW_CO No.l revised.dm 117 CHANCE ORDER PROJECT: Oslo Customer Convenience Center DATE OF ISSUANCE: May I, 2013 EFFECTIVE DATE..: Mav 1, 2013 No. I OWNER Indian River County OWNER'S Contract No: CD1vf Smith Project No.: 6706-647687 CONTRACTOR: Paul Jacguin and Sons Inc. ENGINEER: CDM Smith inc. You are directed to make the following changes in the Contract Documents: Description: Wort: Change Directives and Direct Purchase sales tax deduction Reason for change order: Deduct sales tax and adjust contract amount for the %vork change directive; Attachments: (List documents supporting change): Direct Purchase 1_teim-Listand Work Chanes Directive Nos. I throe Ig.i 6. CHANGE IN CONTRACTPRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times Partial Utilization: 120 (lays (April 9, 2013) $2,161,000.00 Substantial Completion: 150 days (May 9, 2013) Ready for final payment: 180 days (June 8, 20131 Net changes from previous Change Orders Net change from previous Change Orders No._._._ to No. No.—to No. $0.00 0 days Contract Price prior to this Change Order Contract Time prior to this Change Order Partial Utilization: 120 days (Agri 19, 2013) $2,161.00.00 Substantial Completion: 150 (lays (May 9, 2013) Ready for final payment: 180 days (June 8. 2013) Net Decrease in this Change Order Net Increase in this Change Order $465,627.04 74 (lays Contract Price with all approved Change Orders Contract Time with all approved Change Orders Partial Utilization: 194 days (June 22, 2013) $1.695,372.96 Substantial Completion: _224 days (July 22, 2013) Ready for final paymc . X54 days Au est 21 201 RE ✓'`— APPROVED: AC 'P -D: ByVEEW By: 13yA4 d4lfkm"A 40 ENA thorized-Signature)—OWNER (Authorized Signature) CO RA 'TOf (Authorized Si azure) ---- Date: Dale: EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Do is Committee and endorsed by The Associated General CONI'RACTORs of America. Do TO FORM f CIIw Cy A. S. P4 COUNTY AT�iO 118 w W Z W U W U WO O v Z W O: L O W W (D N OQ N Z V m m T m m U m m T T m m >" m O T J m m m m m m m m m m D D D D D 0 D D 0 0 p p m m m m m m m m 0 0 0 0 0 0 0 0 O R CD E u m m T m m j, m m T T m m >" m T O U m m m m m m m m m m D D D D D 0 D D 0 0 p p m m m m m m m m 0 0 0 0 0 0 0 0 a C R 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 r., Y d ec c R L U N W O O O W O I� tt O Ln Ln 0 0 0 0 0 0 tr al N M Ol O O N CO C l N kp O N N 0 00 oq O Ot-o O C N O Ln M W d' OO w I, N N i -,tM .-I V Ln re-L t7 O Ln LA LO .1 O m O O Ln n Ln W M .l V). 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'O w O L a E N Y n Y L (Yu0 •a f=0 O O �, m y a O C U a�°� ai E U o� LU �" � > _> -:2 m Ol L L Y Lu d L Y C � .r C C N m v c v m m .O 0 ° `^ L u 7 Y y" a v x Y m C_ "a L y j,L m L° 0 a Q Li a T E C +,,, C N OL r -I N M ul lD Ly'Qx nut. 40-2LL 0 6 6 6 6 6 Z Z Z Z Z Z NN N (u W w N N N N m m m m m m m m m m L L L L L L t L L L 1 1 J 1 > > T Y Y Y Y m L L L L L L L L L L Q CL d d d n. d 0- d Cl- d 0 0 0 0 0 0 Y N N N N uuuuNuuuuu W2 O1 N O0 w T L L L L L 0 0 0 0 0 0 0 0 0 0 C c C c C c C a C c C Ol L L L L t L L t0 T L L L L N O O O1 N d) N d O U U U U U U m Y Y Y Y E O Y Y C C C C C C C C C C 0 0 0 0 0 0: E 0000000000 3333�3m� E r-1 N M T LO <o n00 Ql -zrcLn w^ 00 NI Y N .Mi IC9 119 Oslo CCC — Owner Change Order 1 Breakdown Owner Direct Purchases Vendor Purchase Order Amount Sales Tax Savings Total Ferguson $85,540.52 $5,182.43 $90,722.95 American Conc. $25,387.00 $1,573.22 $26,690.22 Hydra Service $19,873.00 $1,242.38 $21,115.38 Stephens Pipe $19,995.09 $1,248.81 $21,243.90 Cemex $66,800.00 $4,058.00 $70,858.00 Const. Materials $64,400.00 $3,914.00 $68,314.00 1" Fire $9,338.00 $610.28 $9,948.28 Peninsular Elec. $64,780.00 $3,936.00 $68,716.80 Marathon $76,884.88 $4,663.09 $81,547.97 FI Detroit Diesel $42,219.00 $2,583.14 $44,802.14 Work Change Directives #1 Storm Drain Changes 2# Conflict Resolutions #3 Geogrid Material Change #4 Light Pole Material Change #5 Fiber Optic Conduit #6 Additional Dumpster Pads Net Deduct Change Order 1 Total Deduct for ODP $503,959.64 Deduct $8,155.00 Add $26,375.25 Deduct $11,756.25 Deduct $1,881.00 Add $9,930.80 Add $23,818.80 Net Add Work Change Directives $38,332.60 Deduct $465,627.04 120 -bac Established 1940 Paul L11���nS www.pjsi.com CGC060473 February 14, 2013 Mr. Kevin Vann — Senior Project Manager CDM Smith 1701 Highway AIA, Suite 301 Vero Beach, FL 32963 Subject: Indian River County Oslo Customer Convenience Center Bid No. 2012051 Time Extension Dear Mr. Vann, Inc. Commercial Industrial Residential As you know we finally received our Building Permit yesterday, February 13, 2013. As per discussions at the pre construction meeting I am requesting the contract time be changed per the dates listed below. Contract time starting upon receipt of the Building Permit. Partial Utilization Substantial Completion "'aw Final Completion In erely, David A erte Sr. Project Manager Paul Jacquin & Sons, Inc. Attachments; Building Permit June 14, 2013 July 15, 2013 August 15, 2013 P.O. Box 4343 - Fort Pierce, FL 34948 • Phone (772) 465-2475 • Fax (772) 466-2806 CGC 022708 CGC 056649 CGC 060473 CGC 1507936 CCC 056636 121 Himanshu Mehta From: David Laliberte [david.laliberte@pjsi.comj Sent: Monday, May 20, 2013 8:07 AM To: Vann, Kevin; Himanshu Mehta Subject: Oslo CCC - Rain Days Good Morning, As discussed at last week's job meeting we are submitting for the following rain days. April 4, 2013 April 13, 2013 April 15, 2013 April 22, 2013 April 23, 2013 May 2, 2013 May 11, 2013 Thank You, David A Laliberte Sr, Project Manager Paul Jacquin & Sons, Inc. 7348 Commercial Circle Fort Pierce, FL 34951 Phone 772-465-2475 Fax 772-466-2806 Cell 772-216-8891 email david.laliberte cDpjsi.com 122