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06/11/2013AP
_ .�. __ A k� \ � r1A f !;� �'. 1 � I ' '�Y � d �e/ , 1 � 4 6 �� � vI p. N 1 / / / / / / � / �' Lq•� �� �e �, t l ',� 1 1 / I i 1 � 1 I I I '� �e' �.� � ��� 5 �s � / / V� �� �1 �7 �' 7 e / ;�,� i l / 11 1 1 1 -� 0 jjjjE �/\) FE. �S 1 � 1 ' I 1 ' �'` '�� 1 / ��. � II 1 1 �� I �/ i �� � � / / �` ' � � 1 � 1 1 �� / 1 111 11 1 / 1 / / �� �.� ;.�*_ �� � �� �"til.. �� r II AGO;- i 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 4!3dend Ann Powell heartfelt wishes for success in her future endeavors. Adopted this 111h day of June 2013. 1 , BOARD OF COUNTY COMMISSIONERS VER GOINDL9NRIVER COUNTY, FLORIDA ►C J eph E. Flescher, Chairman w.__ s B. PROCLAMATION DESIGNATING JUNE 17- 2352013 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 J sem E. Flescher, Chairman VER Wesley S. Davis,*Vice Chairman * w Peter D. O'Bryan Bob Solari Ti � �PROCLAMATION F` OW 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, ndWHEREAS, 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 seph E. Flescher, Chairman . ,..� Wesley S.,Davis, Vice Chairman A1C SIC '� Bo Solari .,t✓r Peter D. O'Bryan U Tim Zorc JEFFREY R. SMITH Clerk of Circuit Court and Comptroller �ORNp' 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. N,., 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 w.... 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 1 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 2 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 3 V 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 4 (� 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 10 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 VENDOR AMOUNT 1001713 5/30/2013 ST LUCIE BATTERY&TIRE CO 198.00 1001714 5/30/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 228.84 1001715 5/30/2013 COMMUNITY ASPHALT CORP 1,300.08 1001716 5/30/2013 L&L DISTRIBUTORS 104.40 �— 1001717 5/30/2013 S&S AUTO PARTS 56.50 1001718 5/30/2013 HARRIS SANITATION INC 77,869.08 1001719 5/30/2013 AT&T 4,622.01 1001720 5/30/2013 OFFICE DEPOT BSD CUSTOMER SVC 1,429.66 1001721 5/30/2013 BRIDGESTONE GOLF INC 561.00 Grand Total: 653,553.19 2 12 4. a Consent Agenda .. 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 ": f�IV 3 Date: May 28, 2013 Subject: Miscellaneous Budget Amendment 017 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: Indian River County Apprpved Date BY20-4 Administrator 6 /3 Jos ph A. Baird Legal 5. 3 County Administrator Budget Ak- For: June 11, 2013 Department Risk Management w.. 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. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By BY Deputy Clerk Joseph E. Flescher, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY OUNTY ATTORNEY 15 Exhibit "A" Resolution No.2013- Budget Amendment:017 Budget Office Approval: \ ' J +�l}1/nw "7'_ '4 Jason E.Brown,Budget Director Entry Fund/Department/Account Name Account Number Increase Decrease Number 1. Revenue Transportation Fund/Non-Revenue/Cash Forward-Oct 111039-389040 $266,300 $0 1st 911 Surcharge Fund/Non-Revenue/Cash Forward-Oct 120039-389040 $14,000 $0 1st Optional Sales Tax/Non-Revenue/Cash Forward-Oct 315039-389040 $465,000 $0 1st 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& 11121441-066490 $30,300 $0 Equipment " Transportation Fund/Traffic Engineering/Automotive 11124541-066420 $106,000 $0 911 Surcharge Fund/Communication Center/EDP 12013325-066470 $14,000 $0 Equipment 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 001038-366100 $2,405 $0 Library 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 Fund/Department/Account Name Account Number Increase Decrease Number 4. Revenue General Fund/Miscellaneous/Other 001038-366090 $361 $0 Contributions/Donations 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 00110214-011190 $2,319 $0 Position 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 004034-347525 $2,700 $0 Concession Income 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 $0 Coordinator 17 7Ce Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of potLpty 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: Number of Increase • PriorFiscal Year Inspections 2009/2010 20,035 n/a 2010/2011 26,258 31.1% 2011/2012 307723 17.0% 2012/13 @ 4/30/13 18,964 n/a PriorAverage Daily Increase from Fiscal Year Inspections 2009/2010 80.8 n/a 2010/2011 105.9 31.1% 2011/2012 123.9 17.0% For calendar year 2013, the Building Department has had daily inspection work loads of up to 180 inspections per day. 18 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: Indian River County Approved Date Administrator �j 1p /3 BY: Jose h A. Baird Legal #*-.0 - i County Administrator Budget J3 FOR: June 11, 2013 Department Risk Management w.. 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 Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: NOW 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. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk 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 Entry Fund/Depa tit/Account Name Account Number Increase Decrease Number 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 44123324-012110 $1,355 $0 Matching County Building/Building Department/Retirement 44123324-012120 $1,467 $0 County Building/Building Department/insurance/rife& 44123324-012130 $8,643 $0 Health County Building/Building Department/Worker's 44123324-012140 $442 $0 Compensation 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 2012/2013 2013/2014 2013/14 TDC Organization Funding Request 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?Josep Indian River Coun A oved Date A. Baird Administrator lJ W I3unty Administrator Legal Budget 4l� FOR: June 11, 2013 Department Risk Management 23 SE 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 . � � 1,o/,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; 11 D-9.002; I ID-9.005 APPROVED AGENDA ITEM: BY: A- Josep A. Baird County8 21.jr Administrator FOR: June 11 2013 F n A roved Daate /3// a rb (3 Department Risk Management 25 FDLE Florida Department of Business Support Rick Scott, Governor Law Enforcement Office of Criminal Justice Grants Pam Bondi,Attorney General Post Office Box 1489 Jeff Atwater, Chief Financial Officer Gerald M. Bailey Tallahassee,FL 32302-1489 Adam Putnam, Commissioner of Agriculture Commissioner (850)617-1250 www.fdle.state.fl.us May 24, 2013 MAY 31 2013 The Honorable Joseph Flescher Chairman, Indian River County Board of Commissioners 1801 27th Street Vero Beach, FL 32960 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 �., 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 •Integrity •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, ayto H. i I d e r 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 CERTIFICATE OF PARTICIPATION 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: County: Date: Sincerely, 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 GRANT# AMOUNT OF GRANT: $68,509 DEPARTMENT RECEIVING GRANT: Indian River County Board of County Commissioners 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.) WLI Description Position Position Position Position Position Regular Salaries 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? T, N/A Grant Amount Other Match Costs Not Covered Match Total 7Fifth ar $68,509 $ $ $68,509 Year $ $ $ $ ear $ $ $ $ ear $ $ $ $ �,.. ar $ $ / $ $ Signature of Preparer: f% F" �G�n..tir ` CP I3 /13 Date: June 3,2013 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. wr. 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. Indian River Co. Approved Date APPROVED FOR AGENDA e Dhuit/ Legal S•U, FOR: JunE3 11,,__2013 Budget (' 6=-yr►3 Dept 7 1 s,°l•3 BY. Risk Mgr. BY: • -03- '"� ;'' Joseph A. Baird General Svcs_ County Administrator 35 4� mrd F INCUMBENT ACKNOWLEDGEMENT 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. &Feker, 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 i Cost _ ((quantity and Price as identified on Schedufe i Good/Services by C of the FRA) Incumbent Legal Fees: --_----------_ ---- Please see attached invoice 98602439 for 9/19/12—3/14/13 k 283.50 details). f j TOTAL f $283.50 f 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- Titie: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 April 19, 2013 1840 25th Street Invoice: 98602439 Vero Beach, FL 32960 Client Number: 112451 Matter Number: 00002 For Legal Services Rendered through 03/31/13 Re: 800 MHz Rebanding- DL8910427967 - FRA 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 CONSENT AGENDA 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 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 Indian River Co, Approved Date APPROVED AGENDA ITEM: Admin. (p (p IJ LegalkhiO I - 13 FOR: tSZ CV_) Budget j-13 Dept. BY: `5 T7 I 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 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 By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: 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 APPROVED AS TO LEGAL SUF ICIENCY SEAL: lan Polackwich, r. County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Robert M. Keating,AICirector Community Developmen Departm 4 FACommunity Development\Users\MPO\Transit\Grants\5311\1314\application resolution.doc Page 2 of 2 41 APPLICATION FOR Version 7103 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 P_ onstruction Construction 4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier bNornon-Construction Non-Construction 5.APPLICANT INFORMATION Legal Name: Organizational Unit: Department: Indian River County Community Development Dept. Organizational DUNS: Division: 079208989 Metropolitan Planning Organization(MPO) Address: Name and telephone number of person to be contacted on matters Street: involving this application(give area code) 1801 27th Street Prefix: First Name: Brian City: Middle Name Vero Beach T County: Last Name Indian River County Freeman State: te: ip2960 a Suffix: Country: Email: USA 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 IC Revision B If Revision,enter appropriate letter(s)in box(es) (See back of form for description of letters.) ❑ ❑ Other(specify) Other(specify) 9.NAME OF FEDERAL AGENCY: Federal Transit Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11.DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 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 64,110 a.Yes. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b.Applicant uv PROCESS FOR REVIEW ON c.State DATE: 32,055 UU d.Local 32,055 b.No. 171 PROGRAM IS NOT COVERED BY E.O. 12372 e.Other UU n OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f.Program Income $ UU 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g.TOTAL $ 128,220-VU 11 Yes If"Yes"attach an explanation. U No 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 Robert M Last Name Suffix Keating Title c.Telephone Number(give area code) imunity Development Director 772 226/1254 jnature of Authorized Representative Date Signed 05131/2013 Previous Edition Usable Standard Form 424(Rev.9-2003) Authorized for Local Reproduction Prescribed by OMB Circular A-102 Attachment 2 42 -- 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. CURRENTLY IF GRANT IS 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) $ 128,220 (a) Rural Passenger Fares (from Form B-2) - (b) Operating Deficit [FTA Eligible Expenses (a) minus Rural Passenger Fares (b)] $ 128,220 (c) Section 5311 Request (No more then 50% of Operating Deficit) $ 64,110 (d) Grand Total Revenues (from Form B-2) $ 64,110 (e) Note: If Grand Total Revenues (e) exceeds FTA Eligible Expenses (a), reduce Section 5311 request(d) by that Amount. w. 44 PART B '""' 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 Revenue Used As FTA Operating Revenue Category Total Revenue 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 GRANT NAME: 49 USC Ch.53,Section 5311 (Formula Grants for Rural Areas) GRANT#: APT03 AMOUNT OF GRANT: $64,110 DEPARTMENT RECEIVING GRANT: Commurifty Development(pass through to Senior Resource Association) DNTACT PERSON:Phillip J.Matson PHONE#:(772)226-1455 I. How long is the grant for? Eighteen Months Starting Date:July 1,2013 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes,does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % 5. Grant match amount required:$ 32,055 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? (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 Grant Amount Other Matching Costs Match Total $64,110 $ $32,055 in local funds& $128,220 First Year $32,055 in FDOT grants Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparers Date: l' 3 Attachment 3 4 V 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. 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 8t' 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 Indian River Co. Approved Date By 'baAdministration Joseph A.Baird CountAttorney •5 County Administrator Budget Department FOR: June 11,2013 Risk Management D/"-os_i3 I..- 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 1 48 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 49 I. 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. 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. 3 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 NOW 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. R,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 BOARD OF COUNTYOMMISSIONERS FLORIDA, INC. INDIAN RIVER COUNTY, FLORIDA By: B y: 4 51 Its: Joseph E. Flescher, Chairman �- Date Signed: Approved: ATTEST: Jef,:,ey R. Smith, Clerk Approved: And Comptroller By: O/Z &tj Deputy Clerk seph A. Baird, County Administrator Approved as to form and legal sufficiency: illiam K. DeBraal Deputy County Attorney 5 52 Public Adininistrative 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(l), 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(l), 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 N... (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 Indian River Co. Appr d Date Approved Agenda Item: f Admin. (OM/1-5 By: Legal L2�]_ _1 '/3 Budget FP � Dept. (/ (4,h j Risk Mgr. F:\Community Development\COUNTY OWNED LANDS\2013\BCC STAFF REPORT affordable housing surplus land 6-11-13.doc w- 5 57 125.3 79 - - 2012 Florida Statutes - The Florida Senate Page 1 of 1 The Florida Senate 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. °+esr 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 t:lorida. �a & A'yA JJt,Vf fi 1 IT I http://wNw.flsenate.gov/Laws/Statutes/2012/125.379 C n. 5" 420.0004 - - 2012 Florida Statutes - The Florida Senate Page 1 of 2 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: (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 flzpnatP anv/T nnnn rIn1-1 420.0004 - - 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 CAPhti�`t htti)://www.flsenate.i2ov/Laws/Statutes/x0]?/A?o 000-4 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 1'�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 . Keating, AIC Comm rty Development Director FACommunity Development\COUNTY OWNED LANDS\2013\Resolution affordable housing surplus land.doc p ATTACRANT 62 RESOLUTION( . 2013- Appendix A -2013 List of the Indian River County Surplus Properties Recommendation for ## Current Disposition of the County Parcel ID Site Address Jurisdiction Use Comments Surplus Lands Part of 2010 county owned surplus lands Should be sold and proceeds 1 31-37-00-00004-0030-00066.0 Lincoln St. Fellsmere Vacant Encroachment by Neighbor deposited in the SHIP trust fund Part of 2007 county owned surplus lands (Donated to and then Returned from EDHAP),too small for septic Should be sold and proceeds 2 31-37-00-00004-0080-00194.0 1016 Booker St. Fellsmere Vacant tank deposited in the SHIP trust fund Part of 2010 county owned surplus lands Should be sold and proceeds 3 31-37-00-00009-0800-00011.0 116 N Hickory St. Fellsmere Vacant too small for septic tank deposited in the SHIP trust fund Part of 2007 county owned surplus lands 4 (Donated to and then Returned Should be sold and proceeds (200)- 32-39-26-00005-0050-00002.0 425625 th Avenue County Vacant from EDHAP),flow well issue deposited in the SHIP trust fund Part of 2007 county owned surplus lands (Donated to and then Returned from EDHAP) 5 Neighbor using this property to Should be sold and proceeds (202)- 32-39-26-00005-0050-00008.0 4265241h Court County Vacant access his property deposited in the SHIP trust fund Should be sold and proceeds 6 32-39-27-00005-0000-00021.0 4255 32nd Avenue County Vacant Recent Escheatment Tax Deed deposited in the SHIP trust fund Should be sold and proceeds 7 32-39-27-00005-0000-00021.1 4245 32nd Avenue County Vacant Recent Escheatment Tax Deed deposited in the SHIP trust fund Should be sold and proceeds 8 32- 9-26-00005-0040-00007.0 423124 1h Avenue County Vacant Recent Escheatment Tax Deed deposited in the SHIP trust fund * Correm-ond to the numbers in the main 2013 list?bf county owned lands ATTAOMANT M W ID. A. l . 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 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 G3 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 e3ht 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 �'Y'v � IGOYN IN :It10YN/l w : STAT15T -..,-. City of Fellsmere _1 end Parrrs , ...Nfq'T60.KAv A>YII 51 BouKv.iHC Cttmmwny Dlvekp+�Ibil0lpsnmmt Surae�0�il�i Map of Surplus Land in Gifford Area Appendix A-Indian River County Owned Surplus Properties Site Location:Map Central County 44TH SI ...h i t a' 44T14 ST ry O 4 O � Z r r fn � M ry ry zz ® tom. �T 41ST$T e.+xouw earce : wwrw WC Camnw,ty Lurviopn+b„I lh � e1010tJ 63- 4 The Lincoln Street lot contains an encroachment by neighboring church to the west ecui iEeE k �'t�� �fir. 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) i 4FllsFAlYf. ,w The 4256 25th Avenue lot contains a flow well that has been temporarily plugged and will cost $10,000 to seal f t I»° P 0 r 'Y 63. 6 The 4265 24th Court lot is being used by a neighboring property owner to access his house 4255 32nd Avenue G3 - 7 4245 32nd Avenue 4231 24th Avenue �a 63- $ Recommendation Staff recommends that the BCC: 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 Map of SLand in Felismere Area Appendix A- Indian River County Owned Surplus Properties Site Location: Map Fellsmere Area 10 t ST . aw T ST 3 — i 100TH LN TjE 100TH PL- F f BOOKER ST 3 ; Z 99TH STx � - STATE ST �,. .. _ . City of Fellsmere — _. W p mss .WYOMING AV e a Z 2 i ( m J Legend zI m I z I Parcels selection Major Streets NEW YORK AV __. .__ _., 97TH ST _ I Parcels Source.IRC Community Development Department June 10,2013 t Map of SLand in ord Area Appendix A- Indian River County Owned Surplus Properties Site Location: Map Central County 45TH ST I M M N Q E � { h 44TH ST, > Q O a 43RD STf > 43RD ST n c > 00 N � Q' _�.. Z Legend �- _. Major Streets Parcels 41 ST ST Surplus Parcels -.. Source: IRC Community Development Department June 10,2013 f P.O. Box 1268 Vero Beach, Florida 32961 562-2315 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 to was published in said newspaper in the issue(s) of 27"" 220/ Sworn to and subscribed before me this 9 JIN day of A-D. 2 » �1TH ijlB9BRBIR P p��l i! ERINE PULtCARE T,,,,,,� 0903 � Comm#DDW ��t Expires 9/25/2013 ?,it Fksrida Notary Am,Inc '. <.......Y......FioddY.Notar..�.., ,Inc.: Advertising Manager SPEfCIAL for Active& : Retired Military and their:',.. . immediate I Pit E Air Conditioning and Duct Inspection ($129.95 Value) families eFi 0 c)fs`or Ere,:= tiV Lamb with any New Complete *Now thru 6/30/13 System stem Re lacement Must present military ID. p any Service Repair o u ganr r ag�o„��a (Not to be combined with any other discount) Call !)62-X660 Today! Your Income Specialist SIEMENS StockSTARKEY REXTON CID's <aonds•Mul IISLIMnd, JAMES CESIRO/OWN CD's•IRA's*Lifc insurance H.A.S., BC-HIS �1` w ANDERSON WEALTH MANAGEMENTMy �IdS Fit 1515 Indian River Blvd„Stifle A243 Hearing ,I,VPbeen wearing heoril ciif from Mild T® Severe over 30 years, and I know Iv61c 9/8-040 x' [� con cind coil't do! Yon 1011 ailIPC ' Serving Indian Ricer Counly since 1995 Hearing L®$$ It Stroighf front rie." ww"v.Andei sonYVM.cotn Bob k'I'lwinde'SialAd, 5 i ni,nRrRmi,.,dh[ rrii,ls i II.( sleTkFLVRvf ef'O® I's-aft- Jori Cesiro, P".d�wPinnnu il Vdr'n°r Sit'(deaf m R t u nJ Jam �lA�.�fuu�� r AI,mba rlAR VrSll'C ' rBoard Certified in Hearn opm MIS L AMINATE L F�Ll I rm T IC 3Nobody Beats Our Price, Exp OR CIERAM IL ��FI experk,INSTALLEDLet my i i 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS you back to INDIAN RIVER COUNTY,FLORIDA NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION FOR THE DISPOSITION OF 2013 COUNTY d you kn SURPLUS PROPERTIES FOR AFFORDABLE HOUSING NOTICE 1S HEREBY GIVEN that the Board of County ConII lkS iOIlCIS of Indian WiFi Hearing Aids Can communicate with River Count),Florida,shall hold a pi healing Io consider the adoption of a CELL PHONE, AND BLUE TOOTH, Many of n connt) resolnlion for the disposition of 7013 count} o4fmcd wrplus landh lot aI- fordable JIOL,in, ft ftS feLILd ft n,eetin'held on rneSdtl\ line 11,2013 ft 9:00 with this Technology and would like to share it a.nf,of as soon Ihercultcr as the math m ry lie hC ud,in the County ConunissioIl Ch(flllbel�ofct,nnl),Admimslralion BLllding A.huffed at IWI 271h Snccl.Vero hearing, rigl-il: through the hearing aids, than dig Beach.Florida,All interested persons"ne invited to attend and he heard The hal of counly oke lie([lie([land may be inspccled by the pLbhc ann l the ColnlniIN exactly. That's what you can expect when you Development Department loafed on (hc first floor of County Administrationhear'in- aids and is NationallyBoard Certified Buil(ling A located at I801 27th Street,Vero Leach-Florida hcmccii the hours In, of,30 a.m ,(ncl 5:00 p.fm on,teehday,.Felt mote infolmahon,contact the Lon_, Manufacturers need to "SELL ME" befor( Ramac Planning Section al(772)226-1250.Amendments to Iie proposed resolution nlay he male by the Board ofCotnffy Commissioners at the pLbhc llctnin2, *Call today for appointment ft ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH A,If\Y' BEMADEATTHISMEETING WILL NEEDTOENSURETHATAVERBATIM "Where honest SBIVfLe & technology RECORD OF THE PROCEEDINGS IS \,IADE, WHICH INCLUDES THE r „ �. TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. --1 ANYONE WHO NEEDS A SPECIAL, ACCOMNIODV10N FOR THIS -1, 0 th �lv� ` ��rc MEETING MUST CONTACT THE COUNTY'S AAMFRICANS WITH a., r DISABILITIES ACF COORDINATOR_AT (772) 226-1213 (TDD# 772-770- (just off Miracle Mile 011 west side 5215),AT LEAST dS HOURS 1N ADVANCE OFTHE MEETING. INDIAN RIVER COUNTY OPLJN: k1oll `111111's 9c1111,3I3111 i BOARD OF COUNTY COMMISSIONERS A Hearu:g Aid Will idol Resmra Plounal Heann9,nor Will It Prevenl Further Hearing Loss.Tha Palienl And An;Otherreron Responstle By:.loseph E.FlcSchcr,Chuininan F mini Fm Any Other Service,Eaaminallon,Or Treatment That Is Performed As A Result Of And Wifhin 72 Hours Of Responding Ta The PUBLIC HEARING INDIAN RIVER COUNTY, FLORIDA 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: FOR: I 2( LBY: / ,. A- j3aLA Indian River Co, Approved Date Admin. Legal Budget Dept. Risk Mer. FACommunity Development\Users\MPO\Transit\Grants\5307\2013\bcc staff report.doc 3 66 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: 1(772) 978-1806 Part 2: Project Information Project Type: Grant Gross Project $4,066,000 Project Number: FL-INDIANRIVER Cost: FY 2013 Capital & Operating Adjustment Amt: $0 Project Description: Assistance Total Eligible Cost: $4,066,000 Recipient Type: County Agency Total FTA Amt: $3,100,000 FTA Project Mgr: Tajsha Lashore 404-865- Total State Amt: $483,000 5606 Total Local Amt: $483,000 Recipient Contact: Brian Freeman 772-226-1990 Other Federal New/Amendment: New Amt: $0 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 Page 2 of 4 Recvd. By State: Pre-Award Yes EO 12372 Rev: Not Applicable Authority?: Review Date: None Specified Fed. Debt No Authority?: Planning Grant?: NO Final Budget?: iNo Program Date (STIP/UPWP/FTA Sep. 30, 2013 Prm Plan) : 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 12 115 Dennis A Ross 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 FFY 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 Page 3 of 4 Securily 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 Project Budqet Quantit FTA Amount Tot. Elig. Cost SCOPE 111-00 BUS- ROLLING STOCK 3 $1,119,000.00 $1,119,000.00 SCOPE 113-00 BUS- 0 $10,000.00 $10,000.00 STATION/STOPS/TERMINALS ACTIVITY 11.12.03 BUY REPLACEMENT 30-FT 3 $1,119,000.00 $1,119,000.00 ' BUS 11.32.09 ACQUIRE- BUS ROUTE 0 $10,000.00 $10,000.00 SIGNING SCOPE ... 114-00 BUS: SUPPORT EQUIP AND 0 $340,000.00 $340,000.00 FACILITIES ACTIVITY 11.42.07 ACQUIRE-ADP 0 $10,000.00 $10,000.00 HARDWARE 11.42.09 ACQUIRE - MOBILE 0 $30,000.00 $30,000.00 SURV/SECURITY EQUIP 11.42.08 ACQUIRE-ADP 0 $300,000.00 $300,000.00 SOFTWARE SCOPE 117-00 OTHER CAPITAL ITEMS (BUS) 0 $475,000.001 $475,000.00 ACTIVITY 11.71.05 CONTRACT INSURANCE - 0 $250,000.00 $250,000.00 3RD PARTY 11.7A.00 PREVENTIVE 0 $225,000.00 $225,000.00 MAINTENANCE SCOPE 119-00 Bus Associated Transit 0 $190,000.07 $190,000.00 Improvements ACTIVITY 11.92.02 PURCHASE BUS 0 $150,000.00 $150,000.00 SHELTERS 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 0 $966,000.00 $1,932,000.00 SHARE 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 By: 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 l lth 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: 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 Yes No If yes,does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of grant to match: 50% (applies to operating component only) 5. Grant match amount required: $966,000 6. Where are the matching funds coming from(i.e.In Kind Services,Reserve for Contingency? Local match consists of$483,000 County match already budgeted in general funds and$483,000 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? (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 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 Grant Amount Other Matching Costs Match Total $3,100,000 $ $483,000 in local funds& $4,066,000 First Year $483,000 in FDOT grants Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparers � Date: � 3 J� 73 Attachment 3 V WA SCRIPPS TREASURE COAST �� "■ 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. Ad Pub Customer Number Date Copyline Po# INDIAN RIVER CO PLANNING 2520199 5/29/2013 PUBLIC HEARING 6-11-13 TRANSIT NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES SwoT to and subscriPed before me this day of, May 29, 2013, by who is Sherr Cipriani ORIGINAL [X] personally known to me or [ ] who has produced as identification. Mary T. Byre f Notary Public epllgee (NARY T BYRNE .= Notary Public-State of Florida ?r" My Comtn.Expires Aug 2,2014 Commission EE 7134 nea 6 - ) ` • 13 •,......,,,oz,ur- area coo, un u i nth THEREOF,AS RE- DATE OF THE LISI Vaays before your LESLIE LENNON Any person claiming GENERAL �VERO BEACH HIGH- with a disabilitywhoCI.A I M A N T S; CORDEDIN PLAT PENDENS MUST si _ 0 scheduled court ap Last Known Address aninterest in the our- JURISDICTION LANDS UNIT FIVE, needs any accommo- UNKNOWN TEN- BOOK 21,PAGES 3'S FIbS A CLAIM WITH- pearance,or immed Unknown plus from the sale,if DIVISIONND,4•..OF THE P.0 H'IN 8 DA)'S AFTER 1 ^.-J LU 3 ately upon receiving Also Attempted At: any,other than the CASE NO: PLAT THEE TO THE dation in order to ANTS/OWNERS p Q9', QQ LL C) this notification if the 270 COMMACK RD PLAT THEREOF,AS Participate in this N/K/A DEBRA ED "I1C;f�ECORO,OF N'.„,7NE5gLE...:?:, NOTICEOFO F property owner as of 2012 CA 000639 RECORDED IN PLAT proceeding,you are RINGER, DR M>R{yER❑ Ne # .a,a, nine before the 1A,ISLIP,NY 11751 the date of the Lis Defendantls). • S$" •dire.11ttu--FIa,.R. NOTICE OFP TT/F. ;ter scheduled appear-Also Attempted At: Pendens must file BOOK e,PAGE 56, entitled,at no cast[o Oa NATIONSTAR MORT- OF THE PUBLIC RE- you,to the proviso" T• •�9 " /1 Fi S3;41 ( "• HEARINt U N O f0 ance is less than 7 4809 GRAND BLVD claim within sixty GAGE,LLC, CORDS OF INDIAN of certain assistance NOTICE OF SALE " BTgg((; �"(A)• ^ Q days;if you are hear- APT 14,NEW PORT (60)days after the Plaintiff, ANY PERSON CREST uherebyYdess counsel Notice of hen LiCRIVER COUNTY, Please contact Corrie ING AN INTERESTA T.: Ing or voice im- RICHEY,FL 34652 sale. FLORIDA. Johnson,ADA Coor-NOTICE IS HEREBY prima designates its hereby given w paired,call 711. Current Residence ELIZABETH RODRI-a/k/a 1826 HIGHLAND dins tor, 250 NW GIVEN pursuant to FROM THE SURPLUS primary for email os- Board of - \ Z mg Pub:May 22,29,2013 Unknown Ronald R Wolfe& GUEZ,AS TRUSTEE n Order of Final THE SALE,IF dress for the service ero ice Commission TCN2517320 Associates,P.L. OF THE SEBASTIAN D R S W, VER 0 Country Club Orion, ANY,OTHER THAN es of mail service C) BEACH,FL 32962 Suite 217,Port Sr. Summary Judgment Indian River i '�' IN THE CIRCUIT YOU ARE NOTIFIED P.O.Box 25018 A.RODRIGUEZAAND at public sale,to the Lucie, FL 34986, of Foreclosure dated THE PROPERTY as:SFGBocaService Florida to cc R) that an action for Tampa,Florida CHR 1ST 1 A N D. highest and best bid- (7 72)807-4370 at March 15,2013,en- OWNER AS OF THE @logs.com* submittal of at Q) O COURT OF THE 19TH Foreclosure of Mort- 33622-5018 PR U DE N R E V 0- der,for cash,online at least 7 daysbefore DANE N THE LIS C JUDICIAL CIRCUIT, gage on the follow- tared in Civil Case PENDENS MUST Dated this da of canon for an F IN AND FOR INDIAN1813) 251-4766 CABLE LIVING www.indianriver.realfo your scheduled court No.31 2011 CA00- Y 49 USC Ch.5 V ingdescribed eclose.com,Indian appearance, FILE A CLAIM WITH-prop- By:Elisabeth A.Shaw TRUST,et.al.. 2013. Q w RIVER COUNTY, rty; Florida Bar No.Defendant. lyupon or ire- 2907XXCoXX of the THE 60 DAYS AFTER SHAPIRQ,AC,L FISHMAN asi 5307 Mas O FLORIDA LOT 222,SECOND River County,20131dat mediately ca- Ninete Courtth of thesit Capital ani CASE NO: 84273 on June 17, at ceivin this notifica- Nineteenth Judicial SALE. &GACH,LLP ting gssis \ CREPEAT OFA POR-F10101742 NOS NOTICE OF 10:00 AM. tion if the time be- Circuit in and for In-=Pursuant to Fla:R. Attorneys for Federal Grant.A publi Q A 31-2012-CA-XXXXX T 10 N 0 F CA M M.Requests for Accom- FORECLOSURE SALE Any person claimingdian River County, J u d. Admin, 24 Highway, North Ste 3ral Ing at which Q) BRIDGE PARK, modations byPer- us forepp the scheduled 2.5in i(') el Ha Raton Ste 360 0 co interestmtin the sfrany, appearance is less Florida,etheher CI the Plaintiff's counsel Boca Raton,Florida331n interest an E BANK NATION- ACCORDING TO THE sons with re a per-li-NOTICE IS HEREBY from the sale,if any, than 7 days;if youe Clerk of Circuit 'ens shall ha >` c EALU.S..S ASSOCIATION,ATIO - MAP 0 R PLAT ties.If you area GIVEN pursuant to a other than the proper- are hearing or vice Court wills 11 to the hereby designates is hone: opportunity will it �^1 Q AS SUCCESSOR THEREOF AS RE- son with disability Final Judgment of ty owner as of the impaired,call 711. highest bidder for primary mail ad- telephone: heard will be h CZ w \ +.e O TRUSTEESSUE BOR CORDED IN PLAT who needs any ac- Foreclosure dated date of the lis pendens Pub'May 22,29,2013 cash on the 14th day eds ofss(ematil e aervice Fax:(5611998-6707 the Indian Z O BOOK 13,PAG E(S) ommodation in or- MARCH 8,2013,and mustfile a claim within TCN2517256 of June,2013,at CountBoa Q } F AMERIA, TO 59,59A,AND 59B, der to participate in entered in Case No. 60 days aher the sale. 10:00 a.m.at web- e@slo s,ocmn aService Email: County yomm 'k"• 0 1- ASS SUCCESSORE BANK, PUBLIC RECORDS this proceeding,you 2012 CA 000639 of site:https7/www.ind- 9s,com• lugarte@logs.com ars in the C, Q • LAS ASE BANES OF INDIAN RIVER are entitled,at o the Circuit Court f Douglas C.Zahm,P.A. tan-river.reaIfor- By: Commission I F+ V OCOUNTY,FLORIDA. cost to you,to the the Nineteenth Judi- DesignatedIN THE CIRCUIT Dated this day of Luciana Ugane,Esq. bers of the I Q V Q a+ OF THE MOLDERSL has been filed against provision of certain I Circuit in and for AddrsseSli g@ COURT OF THE to lthe following rejo[dee 2013' FL Bar#42532 River County A Q Q) LYNCH FIRST you and you are re- assistance.Please Indian River County, dczahm.com NINETEENTH scribedSHAPIRO,FISHMAN 10-205434 NOS U Q '^ 0 Vquired to serve a contact Court Admin- Florida,wherein NA- JUDICIALCIRCUIT property as &GACH,LLP Notice to Persons 'stration Buildir vJ FRANKLIN MORT- copy o{ 1242528th Street et forth in the Finalbated at 1 "O GAGE LOAN TRUST, your written [ration,250 NW TIONSTAR MORT- North,Suite 200 IN AND FOR INDIAN Judgment,to wit: Attorneysfor Plaintiff with Disabilities: n Florida Vero B C MORTGAGE LOAN defenses,if any,to it, Country Club Drive, GAGE,LLC,is the St.Petersburg,FL 337- RIVER COUNTY, LOT 10,BLOCK 249, 2424 North federal you are a person Florida on Jur on Choice Legal Suite 217,Port Sr. Plaintiff and ELIZA- FLORIDA Highway,Ste 360 with a disability who 2013 at 9:00 AM '� ASSET-BACKEDGroup, y 16 SEBASTIAN HIGH- Boca Raton,Florida needs d CERTIFICATES,SE- Attorney for Lucie,FL,34986,772- BETH RODRIGUEZ, Telephone No. CIVIL ACTION LANDS UNIT 10, any order - 0) RIES CERTIFICATES, Plaintiff,whose ad- 807-4370 at least 7 AS TRUSTEE OF THE (7271 536-4911 CASE NO.: ACCORDING TO THE 33431 dation in to The Indian F C PLAINTIFF, dress is 1 80 0 NW days before your SEBASTIAN A.ROD- Attorney for the 31-2010-CA-073980- PLAT RECORDED IN Telephone: participate in this County Boar Q PS. 49th Street,Suite scheduled court ap- RIGUEZ AND CHRIS- Plaintiff XXXXXX PLAT BOOK 6, 15011 998-6700 proceeding,you are County Commit 120,FL Lauderdale, pearance,or immedi- TIAN D. PRUDEN By:tel Tara M.McDon- DIVISION: PAGES 37, 37A Fax:15611998-6707 entitled,at•no cost to s s con ids ESTATE OF PATRICK FL 33309 on or Lely upon receiving REVOCABLE LIVING aid,Es Email: you,to the provision the submittal of M.MALTBY,ET AL. before JUNE 28, this notification if the TRUST;UNKNOWN Florida Bar No.43941 PNC BANK,NATION- PUBLIC RECORDS lugarte@logs.com f certain assistance. USC Ch.53,Sc co C DEFENDANT(S). 2013,a date which is time before the SPOUSE OF ELIZA-617110082 NOS AL ASSOCIATION, OF INDIAN RIVERY: Please contact Carrie 5307 ant within thirty(301 scheduled appear- BETH RODRIGUEZ RequestsPlaintiff, Luciana Uparte,Esq. Johnson,ADA Coor- A apl Ca NOTICE OF ACTION days after the first ance is less than 7 N/K IA HERMAN s byr Persons COUNTY,FLORIDA. tion. s prop, .t., Any person claiming FL Bar#42532 County r, 2511 NW the els acotic CO al TO:Estate of Patrick publication of this days if you are hear- RODRIGUEZ;BRAD- with Disabilities.lf you DEITRIA ANDREWS, aninterest in the Burg-Notice 40 NOS Countryite2 Club Drive, quests a tot/ Notice and file the ing or voice im- FORD PLACE ASSO- are a person with a et al, plus from the sale,if Notice to Persons Suite 217,Port St. 02,134,000 in fe Q) C 'G M.Maltby ig in a I with the paired,call 711. CIATION,INC.;SA- disability who needs Defendant(s6 any,other than the with re Disabilities:personIf Lucie, 7 3498 at capital assist r ^' O Unnown ntereditors of Clerkeof this Court el-Pub:May 22,29,2013 BASTIAN A.RODRI- any accommodation in property owner as of you are a w least 8 days before and$966,000 in 0 T L M.Maltbyth before service • TCN2517252 SUEZ;CHRISTIAN D. order to participate•in NOTICE OF SALE the date of the Lis with a disability who least 7 days era'op ratio a �' Unknown Heirs and/ on Plaintiffs attorney IN THE CIRCUIT P R U D E N; U N- this proceeding,you PURSUANT TO pendens must file a •eeds any accommo- your scheduled court ance.The Dote N or Beneficiaries of or immediately COURT OF THE KNOWN TENANT#2 are entitled,at no cost CHAPTER 45 claim within 60 days dation in order to appearance,or im- capital share x ^+ 0 the Estate of Patrick thereafter;otherwise NINETEENTH N/K/A MELISA RIV- toyou,to the provision after the sale. participate in this mediately upon re- consist of$532 /� default will be - ERA a the Defe6- of certain assistance.NOTICE IS HEREBY proceeding,you are ceiving this notifica- in Florida toll I ('V !'. W O M.Maltby tared gains[you for JUDICIAL CIRCUIT dantlsr).Jeffrey R. please contact Court GIVEN Pursuant to a Morris Hardwick entitled,at n°cost to tion i the time be- nue credits es a RESIDENCE: UN- the relief demanded IN AND FOR Smith as the Clerk of Administration,250 Final Judgment of Schneider,LLC of c to the arch.The non6 Cprovision fore the scheduled 0 LAST KNOWN WNNOWN AD- in the complaint. COUNTY,FLORIDAIVER the Circuit Court will y Club Foreclosure dated B of certain assistance. appearance is less at st NE Country Y: Please contact Corrie than 7 da DRESS:902 Seneca GENERAL sell the highest •Drive, •Suite 217,Port and 2Case Stephen Orsillo,Esq., days;if you it Pec Otnneisl y_ WITNESS my hand and best bidder for St.Lucie,FL,34986, and entered in Case FBN:89377 Johnson,ADA Coor- are hearing or voice $483,000 I, Ave.,Sebastian,FL and the seal of this JURISDICTION cash,www.i ndi an- 772-807-4370 at least No. 31-2010-CA- 9409 Philadelphia County r, u50 Ne, tub:May'29,1 J11. funds and$403 Q I- 32958 Court this 22nd day DIVISION river.realforeclose.co 073980-XXXXXX of p Country Club Drive,Pub:May 29,June 5, y of May,2013 CASE N0: at 10:00 AM 7 days be(core your the Circuit Court of Road Suite 217,Port St. 2013 state transit g YOU ARE HEREBY 312011 CA002224 " scheduled art p- Baltimore, Lucie, FL 34986, funds.All funds fn NOTIFIED that an ac- Jeffrey R.Smith JUNE 17,2013,the pearance,or immedi- the Nineteenth Judi- Maryland 21237more, TCN2520067 be passed throng y Clerk of the Circuit following described tel coal Circuit in and for least 8days beforeort the Indian Rt .E - L tion to foreclose a Court FLAG STAR BANK, property.as et forth y upon receiving dian River Count Mailing Address: least 7 days L IZ mortgage on the fol- By:/s/C.P.Triantts FSB• Pn said Final this notification if the Florida in which PNC Morris Hardwick yCounty Senior lowing described Plaintiff, 1 our scheduled coup time before[he ebbed- Schneider source Associa Q Z Q y property located In Deputy Clerk V, Judgment,to wit: led appearance is Bank,National Asso- 5110 Eisenhower appearance,or im- NOTICE OF (SRA),the Court Q Indian River County,1029174 NOA ALBERT JAMES LOT 48,OF BRAD- less than 7 days if you of fen,is the plain- Blvd.,Suite 120 mediately upon re-ADMINISTRATION THE RRCUIT transportation t 3 Notice to PersonsF 0 R D PLACE are hearing tiff and Deana An- ceivinf this notifica- O Florida; with Disabilities:If HARP AND MELISSA ACCORDING TO THE 9 or voice drews, Board of Tampa,Florida 33634 tion if the time be- IN THE CIRCUIT viper.The funds E Q Z LOT 11,BLOCK 150 y S.HARP,et al., paired,,411 711. Toll Free: fore theare scheduled COURT FOR INDIAN be used[o main OF SEBASTIAN ou are parson Defendant. PLAT THEREOF,AS pub:May 22,29,2013 County Commission- 1-e6G503-4930 RIVER COUNTY, and a pond i w HIGHLANDS UNIT 5, with a disability who RECORDED IN PLAT ars Indian River appearance is less SRA's Go Line If Z ineeds TCN2517247 9701318811 NOS than 7 da FLORIDA to A SUBDIVISION any accommo- NOTICE OF BOOK 21,PAGE 28, County, Florida,AMERICANS WITH Ys;if you PROBATE DIVISION route)and Comm Qdation in order to OF THE PUBLIC RE- IN THE CIRCUIT Household Finance are hearing or voice t Coach (demi Q co ACCORDING TO THEFORECLOSURE SALECOURT OF THE CorporationI DISABILITIES ACT File 4No.82 Y O PLAT THEREOF,RE- Participate in this CORDSIVEOF INDIAN ,I Ili,are you are a pe rshn impaired,,411711. 372013CP000481 response) put CO _N Proceeding,you are RIVER COUNTY, NINETEENTH defendants, will sell with a disabilit pub:May Z9,June 5, Q V CORDED IN PLAT entitled,at no cost to NOTICE IS HEREBY FLORIDA. JUDICIAL CIRCUIT to the highest ands Y who 2013 transportation sr < C (n U O BOOK 5,PAGE 102, you,to the provision GIVEN pursuant to Any person claiming IN AND FOR INDIAN best bidder for cash dation in ordercmlo TCN2520053 Sheila IN TCTDeOvlin ices.Specifics, CORDS OFOF THE BIRD INDIAN C RE- °f certain assistance. Foreclosure Judgment d[ted an interest in the sur- RIVER COUNTY, in/on Mips:/lwww.- participate in this IN THE CIRCUIT Deceased. fund is willlnbet theeeI Please contact Carrie plus from the sale,if FLORIDA indian-river.realfor- g,you are lowing program M RIVER COUNTY Johnson,ADA Coor- MAY 2,2013,and en- any,other than the CIVIL ACTION eclose.com,Indian proceeding, at no cost to COURT NOTICE projects: fC FLORIDA. dinator, 250 NW tered in Case No. property owner as of CASE NO.: River County,Florida en Ca has been filed against Country Club Drive, 312011 CA002224 of the daterof the lis 31-2011-CA-002646 at 10:00Aon the you,rt the assistance. JUDICIALNFORINIA TO CREDITORS •Continue and of certain assistance. IN AND INDIAN The administration of pend the Goline i ye you e and you are re- Suite 217,Port St. the Circuit Court of pendens must file a DIVISION: 18th day of June, lease contact Corrie RIVER COUNTY, the estate of Sheila Community Coa qlred to serve a Lucie, FL 34 98 6, the Nineteenth Judi- claim within 60 days 2013,the following Johnson,ADA Coot- FLORIDA C.Devlin,deceased, public transportat copy of your written (772)807-4370 at I Circuit in and for after the sale. WEL L,S FA RG 0 described property din atyr, 250 NW CIVIL DIVISION whose date of death C defenses,if any,to least 7 days before Indian River County, BANK, N.A. AS as set forth in said s rvices. this action,on Glad- your scheduled court Florida,wherein Dated this 20th da TRUSTEE F 0 R Final Judgment of Country Club Drive, Case was May 2,2013,is•Purchase Vehin �,4 stone Law Grou appearance,or tin_ FLAGSTAR BANK, of May,2013. Y g Suite 217,Port St. 2011-CA-002728 pending in the Cir. and Related Equ 7�F p• WAMU MORTGAGE Foreclosure: ant,Bus Shape Y medoatel u a PASS THROUGH LOT 2,BLOCK 6,IXO- Lucie, FL 3498, cult Court ty,Indian Insurance,Com #a, 'N d •P.A.,attorne s far y Pon r FSB,is the Plaintiff B Steven Hurley W ^r door / dlressf,isy149g ose yy, ceiving this notifica- HARP;a. L ERT MELISSA JAMES FL Bar No.99802 CERTIFICATES SE- RA PARK PLAT N0.1, le least days before t Bion Iank f Associamerication, daVePr bate tDivisiorn, Hardware and So (tiro. co Palmetto Park W. tion if the time be- HARP;UNKNOWN for RIES 2006-pR3, ACCORDING TO THE your scheduled court Successor by Merger the address of which ware,and Signs;a 0.C14 tirlef Palle o,Bock Rd- fore the scheduled Geoffrey A.Levy Plaintiff, PLAT THEREOF RE- Perform Prevent' .a. appearance is Iess TENANT#1 N/K/A Florida Bar:83392 CORDED IN PLAT appearance,o im- S BAC Home Loans isVero B 16th Avenue, 04 W O. ton,FL 33486, and than 7 days;if you EMILY MASHBU RN Robertson,Anschutz MARILYN SMITH BOOK 6, PAGER, mediately upon re- Servicing,L.P.flk/a Vero Beach,Florida Vehicle Maimenanc //'�� A/K/A MARILYN G. PUBLIC RECORDS lionnin this timefbe- Loust Countrywide Home and addresses The not hs at 0 file the Clerk of with are hearing or 1 are the Defendantlsl. &Schneid,P.L. if the be- Loans Servicing,L.P. and of the -r-1 .O the Clerk f the paired,call 711. Jeffrey R.Smith as Attorneysfor Plaintiff SMITH,et al, OF INDIAN RIVER fore the scheduled Plaintiff, s- Unless modified as -:+-f �\ Court,within 30 days pub:May 29,June 5, the Clerk of the Cir- 3010 • N.Milita Trail,Defendant(sl. COUNTY,FLORIDA. personal represents- result of FTA ree �/) \ after the first publi- •2513 cult Court will sell toappearance is less-vs.- rive and the personal a d c o m m e n ` C) cation of this notice, the highest and best Suite 300 A/K/A 210 27TH AVE than 7 days;if you Michael Lee Warner representative's at- changes in a ilah � ,C either 624- TCN2519961 for cash, Boca Raton,FL 33431 NOTICE OF SALE SW,VERO BEACH, are hearing or voice /k/a Michael L. Corney are set forth funding,or other u un ,�yly T w' 2013, r before 6tel ww bidder fon-raver 11-14942 NOS PURSUANT TO FL 32962 impaired,call 711. Warner and Teresa I. below. foreseen �ie� �' V/ �+ thereafter,otherwise realforeclosecom, t Notice to Persons:If CHAPTER 45 Any person claiming pub.May 29,June 5, Warner,Husband All creditors of the stances,thecpri �t�� Rf a default may be en- NOTICE OFwith Disabilities:If an interest in the sur 2013 d Wife; Mortgagegram I 10:00 AM on JUNE you are person NOTICE IS HEREBY plus from the sale,if decedent and other Posed pro L tared a Inst for 17,2013,the follow- GIVEN Pursuant to a any, TCN2519851 Electronic Registra persons having prof acts describe i 4-' relief you FORECLOSURE with a any e00ty who other than the ton Systems,Incas claims or demands above w ll beg. ` the demanded ing described prop- needs accommo Final Judgment of property owner as of IN THE CIRCUIT Nominee for,GMAC a the final co in the Complains IN THE CIRCUIT arty as set forth in dation in order to Foreclosure dated the date of the Lis COURT OF THE Mortgage Cor stater decedent's pros a ;ai) i` ,/� 0 COURT OF THE said Final Judgment, participate in this May 2,2013,and en- Pendens must file a NINETEENTH tion; known Par- copy tof this none is Thise noice for mplie - 0 YOr C DATED:5-14-2013 NINETEENTH to wit: proceeding,you are tered in Case No.31- claim within 60 days JUDICIAL CIRCUIT ties in Possession with the FTA Prc d J.K.Barton JUDICIAL CIRCUIT LOT 13 BLOCK N, entitled,at no cost to 2011-CA-502646 of after the sale, IN AND FOR INDIAN #1,If living,and all served Imustt file their ram of Project Clerk of the Circuit IN AND FOR INDIAN V E R 0 LAKE E S- g' POP)notification rt ..... r~.+- O Court RIVER COUNTY, TATES UNIT H3, You,to the assistance, the Circuit Cour[of RIVER COUNTY, Unknown Parties claims with this court of certain ass stance, the Nineteenth Judi-e Dated in Indian River FLORIDA claiming by,through, WITHIN THE LATER quirements. By:/s/C.Patricrerk FLORIDA ACCORDING TO THE lease contact Corrie I Circuit in and for County,Florida onCIVIL DIVISION under and against 0 F 3 M 0 N T H S CO) d Deputy Clerk CIVIL ACTION PLAT THEREOF AS Johnson,ADA C°or- Indian River County, this 28 day of Case#: the above named AFTER THE TIME OF please direct quer • y 11-006686 NOA CASE NO.: RECORDED IN PLAT donator, 250 NW Florida in which December eq Bermudez, 2012-Cq-000193 not n[(sl who THE FIRST PUBLICA- tions reggarding tI Requests for Accom- 31-2011-CA-002518 BOOK 6 PAGE 18, Country Club Drove, Wells Fargo Bank, Sean Bermudez,Esq. are not known to be TION OF THIS NO- Public h eating P #Y {.1 /�� modations by per- DIVISION: PUBLIC RECORDS Suite 217,Port SI' N.A.as Trustee for Florida Bar#68212 Bank of America,Na- dead or alive,wheth- TICE OR 30 DAYS Phillip Matson a �}in/' Qj W •V) sons with Disabili- OF INDIAN RIVER Lucie, FL 34986, WAMU Mortgage for Lionel Association r said Unknown AFTER THE DATE OF 226-1455. Anyon. •1 , O ties.If you are a per-THE BANK OF NEW COUNTY,FLORIDA. (772)807-4370 at Pass Through Certifi- Brandi Wilson,Esq.Plaintiff, Parties maywho may ,L with discbi:ity YORK MELLON FKA RFING THE SAME least 7 ,te- Serie..2008. 2 tee Opim e, SERVICE OF i COPY Y wish to ap CIS who needs any ac- THE BANK OF NEW PROPERTY A c /s ..fy:e - f R>-:_^226 'saes, TH•;H S LOTiCE OV c ,.I am, d‘='.'." eado I9,' commodat on in or- your scheduled court pR3, s the pia"toff glbertell Law Byron A.Peterson H s, Devisees, THEM. which.„),..6 YORK AS TRUSTEE TRANSFERRED BY appearance,or Ire and Marilyn Smith Attorney for Pla'nCff /k/a Byron Peterson, G amants;or Other All other creditor of may bmadi THE CERTIFI- WARRANTY DEEDt this meeting, Q U des p c eding,e in mediately upon re- a/k/a Marilyn G.P.S.POBoz 23028 Citrus Springs Mas- Claimants;Unknown the decedent and need to ensure that i this proceeding,you CATEH OLDS RS OF ON 10/14/2008 AND ceiving this notifica- Smith, Robert L.Tampa,FL 33623 ter Homeowners,As- Parties in Possession other verbatim record o N are entitled,at no BELLAVISTA MOR T- RECORDED ( ppersons having cost to you,t°the GAGE TRUST 2004- 10/17/2008 FROM tion i the time be- •latt Tenant#1 Nk/a 18131221-4743 sociation,Inc.;Citrus #2,If living,and all claims or demands the proceedings it 2 MORTGAGE ALAN MARKOWITZ fore the scheduled Cindy Cardenas,Ten-(8131221-9171 Springs Village'E" Unknown Parties against decedent's made,which 13. a provstan 2ef Please PASS-THROUGH TO ALBERT JAMES appearance is less ant#2 n/k/a Jesus facsimile Homeowners Assoc'- claiming by,through, estate must file their eludes,testimony (' , C) c than 7 days;if you Cardenas,Any And es ervice: anon,Inc.;Margaret under and against claims this court a d evdence upon /L�\- contact Court Admin- CERTIFICATES,SE- HARP AND MELISSA are hearing or voice All Unknown Parties s ealaw@ Smith Peterson a/k/a the above named WITHIN with3 MONTHS which the appeal will r 'stration,250 NE RIES 2004-2, 5.HARP,HUSBAND impaired,call 711. C 1 a ming b y, albertellilaw.com Margaret Smith;Un- Defendant(s)who AFTER THE DATE OF be based. Anyone CIOr•'r O 3 Country Club Drive,Plaintiff, AND WIFE,RECORD-pub:May 29,June 5, Through,Under,And 11-87475 NOS known Parties in re not known to be THE FIRST PUBLICA- who needs a special ' ' O Suite 217,Port SL va._ ED IN BOOK 2298 2013 Against The Herein Notice to Persons Possession#1,If liv- dead or alive,wheth- TION OF THIS NO- accommodation for Mr-+l�- iil •MMI V Lucie,FL,34986,772-RIHARD MONTI,et AND PAGE 1676; TCN2520037 named Individual with Disabilities:If ing,and all Unknown r said Unknown TICE. this meetin must ♦ a 807-4370 at least 7- 01, 8766 105TH COURT, Defen dantlal Who ys before ouryyou are a person Parties claiming by, Parties may claim e,ALL CLAIMS NOT SOHE contact the County's daDefendant(sl. V E H 0 BEACH, IN THE CIRCUIT are not Known To e, with a disability who through,under and ' teres[as Spouse, FILED WITHIN THE Americans with Disa- bilities •._O. scheduled court di- FLORIDA 32967 COURT OF THE Dead Or Alive, needs any ac mra- against the above Heirs, Devisees, TIME PERIODS SET bilines Act(ADA)223 �: pearance,or immedi- NOTICE OF Any person claiming NINETEENTH Whether Said Un- dation in order to named Defendant(s)n Grantees,or Other FORTH IN SECTION Co- ordinator at 226-1223 ably upon receiving FORECLOSURE SALE an interest in the sur- JUDICIAL CIRCUIT known Parties May participate in this who are not known Claimants 733.701 OF THE at least 48 hours in i� ........ this notification tf 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. V ;"I ��a ry time 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. CAD -� C) sacheduled appear- GIVEN Judgment to a property owner as of COUNTY,FLORIDA sees,Grantees,Or you,to the provision known Parties may NOTICE OF SALE EVER BARRED. Indian River County e less than 7 of the date of the lis CASE N0. Other Claimants are of certain assistance. claim an interest as NOTWITHSTANDING Board of County �r ✓ ttit0 . days if you are hear- Mortgage Foreclo- pendens must file a 31-2011-CA-002144 defendants,I will sell Please contact Corns Spouse,Heirs,Devi-NOTICE IS HEREBY THE TIME PERIOD Commissioners (/) ins or voice im- sure dated May 2, claim within 60 days to the highest and Johnson,ADA Coor- sees,Grantees,or GIVEN pursuant to SET FORTH ABOVE, By: -s-Joseph E. paned,call 711. 2013 and entered in after the sale. SUN TRUST MORT- best bidder for cash dine r or, 250 NW Other Claimants;Un- an Order dated May ANY CLAIM FILED Flescher,Chairman 16 61. 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? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Settlement REQUESTING OF THE COMMISSION? 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 COUNTY ADMINISTRATOR: E-Mail X Fax os ph . Baird Mail MEETING DATE: June 11 2013 Hand Delivered Phone F\County Admin\ExecAsst\AGENDA\Public Discussion Items Form.doc Board Approved 11/7/06 74 06/0512013 00:59 7073710664 INOSYS INC PAGE 03 C �. t-A C5 rVI Lo Irc 147> ate% f4e.-1 C4 !��.�C,fc� /'`� f4 c--7-7LI U 4M 041 r-- C3 � c"Ad„ —r is I 75 06/05/201.3 06:59 7073710664 INOSYS lf-r, PAGE Zc)(, -*Vic C) LvA(z C) 7 --7L2 42- 7�7 Z- j �7 lu r �7T-t ---M ✓A�----- UO 77- ............... 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 102.0,WOl(bl: as a general rule, public discussion items should he limited to matters on which the commission may take action Indian River 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 MEED ADDNTL.TIME TO SPEAK MANY FAC'T'S ACCUMULATED) ADDRESS: 2235 8t"Terrace,VB.F132966 PHONE: 770-1933 SUBJECT 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 AtPEAL OF A DECISION j 7 YES i X 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 COUNTY�IDMiL`3ISTRATI)R: Fax 3oseph A Baird -— Mail MEETING DATE: Hand Delivered Phone 77 1 ,d 13 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 59`h 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 b.... 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 COUNTY ADMINISTRATOR: C `1 ' &_4 E-Mail Joseph A.Baird Fax Mail MEETING DATE: June 11,2013 Hand Delivered Phone DocumenO Board Approved 11/7/06 Girr- 78 PUBLIC NOTICE ITEMS: 6111113 v Off, of INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Alan S. Polackwich, Sr. — County Attorney�e DATE: June 5, 2013 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 li'dzn Riva Ca Ap9rovtd Q8i9 j Admin. �p sr,-, Q�/ED FOR Legal ."' .C.� METIt U 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 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-� o COMMUNITY DEVELOPMENT INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator D PART E T HEAD CONCURRENCE: Robert M. Keating,AICP Community Development Director FROM: Roland M. DeBlois,AICP 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. 80 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 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: I.R.county App d Date Admin. FOR: June 11, 2013 Legal ^S^ Budget '�^ }� Dept. BY. 1��.•!'1 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 V1 11 �,N Asa® 4 (4 74 �3239 6600 10,0J!;Jj�,, L ;;;AN WV VY own I W1 9"i, �yqg �i INKi......... z' INFORMATIONAL MAP-NOT A SURVEY The information on this map is taken from reliable sources. Location Map However,its accuracy is not guaranteed. 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. Page 1 of 3 �� C:tUws1USERl4ppDafat7.mv1US�UY+ndnwlTanP'kd3'lnlmut FikslConkd.lF_A8AlXEEYWOVbar_Cln6 Jsfwd-Agreemtn[Aa ATTACHMENT 2 83 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:lU.aAUSERIAPPDa.VLowlU(iro ,OIWtnd>w irmpo-ylntemet FikslCanfexl£S1HA�FIEEYIf'O18mt_C(ob_lrlmd-AgrcemrnGdoc 84 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, BOARD OF COUNTY COMMSSIONERS and Comptroller OF INDIAN RIVER COUNTY("County") By: By: Deputy Clerk Joseph E.Flescher,Chairman Approved by BCC: )2013. Approved: Approved as to form and legal sufficiency: S Ys'e2p�hBaifird,County Administrator Alan S.Polackwich,Sr.,County Attorney Signed, sealed and delivered in the presence GRAND HARBOR COMaVIUNITY ASSOCI- of: ATION,INC.("Association") Print name. _ By: e:C eary Print name: 1J'e.bia- •4 e:Pr td t °..��. C:lUsenIUSFRl4ppDafaiLorafuMrmmJfl/YrndowslTempw�y/Nrme7 FrfeslCaAe21F_518AfFfEEEY1tn018aot qrD Jrimd-dgreementdac Page 3of 3 85 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 Inslnrment 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 WAIVED 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 uplandpreperty,(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 management standards and applicable laws,toles 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/COMPLIANCEtTERNIINATION: 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 rules 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 87 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 amu. 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 88 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 89 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 850/9224330). 7 Page 5 of 16 Pages Sovereignty Submerged Lands Lease No.310345813 90 WI SSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Ori ��k Signature (SEAL) raBY: Prin ss Jeffery . en Operations and Mana ment Consultant Manager,Bureau of Public Land Administration, Division of State Lands,State of Florida Department of Ori i a Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Prin ype Nam of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON M /y� y�/ The foregoing instrument was acknowledged before me this 06 day of 1 d N�-ll dg 20�Q by Jeffery M.Gentry Operations and Management Consultant Manager Bureau of Public Land Administration,Division of State Lands State of Florida De artrnent of Environmental Protection,as agent r and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is pe onall o to me.^ APPROVE Al O F AND ALITY; (�, (L�{ ` n _ No Public,Staof FloridaUvj r DEP Atto ey Printed,Typed o c�urs Notary Public Slate of Florida My Commissio 41 Kathy C Griffin My Commission D0727692 orµo� Expires 10Y3012011 Commission/Se m No. WITNESSES: Indian River County.Florida (SEAL) / By" oard of County Com{nissioner's BY: . Original Signature Original Signature of Executing' uth 1t • Peter D.O'Bryan Typed/Printed Name of Wi ess1' Typed/Printed Name of Executing:Autli6rity" Chairman Original Signyure Title of Executing Authority -DAP,P,Y R--44511-65 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 Qt h day of March ,20J_Q_,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 'J" l'.(ZUf lw Notary Signature Notary Public,State of Florida Terri Collins-Lister Commission/Serial No. DO 609787 Printed,Typed or Stamped Name Page 6 of 16 Pages ° Sovereignty Submerged Land Lease No.310345813 91 N SITE LOCATION SOVEREIGNTY LAND LEASE AREA LAITIUDE 27*42'07.83' LEGAL DESCRIPTION (PER SURVEY) LANGTIUOE 8023'38.29' COMMENCE AT A 4"x4" CONCRETE MONUMENT WITH IRON PIPE MARKING )?; THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 39 EAST, SAID POINT LYING ON A PARCEL OF LAND CLOSE TO THE EASTERN 1 X, SHORE OF THE INDIAN RIVER WITHIN THE CITY LIMITS OF INDIAN RIVER (� SHORES, FLORIDA, AND RUN N43'23'15'W, ACROSS THE INDIAN RIVER, A DISTANCE OF 5,673.61 FEET, MORE OR LESS, TO A POINT ON THE r� APPROXIMATE MEAN HIGH WATER LINE OF THE SOUTHERLY LIMITS OF SPOIL ISLAND "IR25", SAID POINT BEING THE POINT OF BEGINNING; THENCE IR25 FOLLOWING ALONG THE SAID APPROXIMATE MEAN HIGH WATER LINE OF SAID BOAT CLUB ISLAND ,. SPOIL ISLAND "IR25", RUN 572'30'38"V/, ALONG THE SAID APPROXIMATE MEAN ,1 HIGH WATER LINE, A DISTANCE OF 30.28 FEET, MORE OR LESS, TO A POINT; THENCE CONTINUING ALONG SAID APPROXIMATE MEAN HIGH WATER LINE, RUN S87'46'00"W A DISTANCE OF 23.44 FEET, MORE OR LESS TO A POINT; THENCE, LEAVING SAID APPROXIMATE MEAN HIGH WATER LINE, RUN N. S59'16'02"W A DISTANCE OF 188.72 FEET TO A POINT; THENCE RUN G . N30'43'58"W A DISTANCE OF 118.99 FEET TO A POINT; THENCE RUN N59'16'02"E A DISTANCE OF 110.51 FEET, MORE OR LESS, TO A POINT ON N�>{. THE APPROXIMATE MEAN HIGH WATER LINE OF SPOIL ISLAND 'IR25"; THENCE 9 ZN,,'' RUN N59'38'03"E, ACROSS SPOIL ISLAND "IR25', A DISTANCE OF 242.13 Tno; FEET, MORE OR LESS, TO A POINT ON THE APPROXIMATE MEAN HIGH WATER �o lol LINE OF SAID SPOIL ISLAND "IR25"; THENCE RUN ALONG THE SAID UED ^ �^t APPROXIMATE MEAN HIGH WATER LINE OF SPOIL ISLAND 'IR25" THE FOLLOWING 4 (FOUR) BEARINGS AND DISTANCES: RUN S10'45'15"E A 1 1!!! DISTANCE OF 98.45 FEET, MORE OR LESS, TO A POINT; THENCE RUN S05'42'13"E A DISTANCE OF 40.95 FEET, MORE OR LESS, TO A POINT; LOCATION MAP c.l THENCE RUN S46'34'02"W A DISTANCE OF 19.39 FEET, MORE OR LESS, TO A RIOMAR QUADRANGLE 1992 > ti R POINT; THENCE RUN S57'05'50"W A DISTANCE OF 44.00 FEET, MORE OR T6 mm Run 0m anm mm pw� ow fLLI = c LESS, TO THE POINT OF BEGINNING. 9 V Tj CONTAINING 40,845.95 SQUARE FEET, MORE OR LESS, OR 0.94 ACRES. CERTIFIED TO: r" cn W NOW LYING IN INDIAN RIVER COUNTY. 1. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT p TRUST FUND OF THE STATE OF FLORIDA SEE SOVEREIGNTY LAND LEASE AREA SKETCH-SHEET 2 OF 4 2. INDIAN RIVER COUNTY BOARD OF COUNTY•CQMMISSIONERS SEE TABULATIONS-SHEET 3 OF 4 :,;•G _`;,: SEE DOCK DETAILS—SHEET 4 OF 4 CERTIFICATION SURVEYOR AND MAPPER IN RESPONSLB E„Chl¢RGE; �Lo L!`L� /� NOT COMPLETE WITHOUT ALL SHEETS i THROUGH 4 AS CREATED a O -u (1 °- I 13/ ; r ., : THIS IS NOT A BOUNDARY SURVEY � Q � `- MICHAEL 0 BRIEN P.S.M., C.F;M, :�DATA, c M FLORIDA REGISTRATION NO. 614;8". ;'?; '•,- ; SKETCH TO ACCOMPANY LEGAL DESCRIPTION g 0 6 INDIAN RIVER COUNTY SURVEYbR �••�. ”"'';,�' PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION-SURVEY SECTION r z NDIAN RIVER COUNTY ADMINISTRATION BUILDIN DRAWN BY: SECTION 13 6H�T m rn TaoT 27TH srREEr WDL9NRlYER GYJUN7Y A ROACH SKETCH AND DESCRIPTION OF VERO BEACH, FL 32960 ,^DEPARTMENTOFPUBLlCWORKS ,AaaRovm�.; TOWNSHIP 37�BOA SOVEREIGN7YI�IND LEASE � Q a � (772) 567-8000 ENGINEERhVGDMSION Af OBRIEN RANGE 39ETCLUBISLAND(SPOILISLAND'7R25' ¢ M 150 0 75 150 300 APPR=M.17FNORTH GRAPHIC SCALE (IN FEET) SEE LEGAL DESCRIPTION-SHEET 1 OF 4 ` SEE TABULATION-SHEET 3 OF 4 APPROXIMATE SEE DOCK DETAILS-SHEET 4 OF 4 SOVEREIGNTY LANG LEASE AREA MEAN HIGH WATER LINE SHORELINE CONORION: 1.NATURAL,TIDALLY AFFECTED SND SHORELINE SPOIL ISLAND IR25 INCLUDES/ANNION. E AND NON—NATIVE VEGEtATgg 2.No MAt1AACE SHORELINE CONTROL FUTURES (A.K.A. BOAT CLUB ISLAND) a 33.UPLAND 910�NE-I42 0t LINEN FEET TIITF SOVEREIGNTY LANDS I.R.C. 'TAX I.D. PARCEL SOVEREIGNTY LAND © 32-39-13-00000-3000-00001.0 LEASE AREA r 0.94± ACRES �s \\ { REMAINDER OF ISLAND NORTH THE INDIAN RIVER COUNTY LEASE AREA TOO NN REMAIN UNDER STATE MANAGEMENT 9 APPROXIMATE RJvER � ; N MEAN HIGH WATER UNE 1 N 1 A N WPv rNN.1NE`- NERip�tPLNIPGPapNI P.O. SOVEREIGN SOVEREIGN LAND LEASE� � E tNOV`N RNZR,' P, 1"p 652693.7400E ���� H. C jER�1N 125 IPPPR 24 9 LEGEND & ABBREVIATIONS 18.18` 4'%Q4'CONCREtE MONUMENT / 1.0.=IDENTIFICATION S.E.CORNEA SECTION 13 NOS TOWNSHIP 32 SOUTH,RANGE 39 EAST I.R.C.=INDIAN RIVER COUNTY 1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED $ SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON. L50=LINE TABLE IDENTIFICATION NUMBER 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM P.O.B.=POINT OF BEGINNING TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. P.O.C.=POINT OF COMMENCEMENT 3. THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, TIITF=TRUSTEES OF THE INTERNAL RESERVATIONS, OR RIGHT-OF-WAYS NOT SHOWN AND MAY BE FOUND IN THE PUBLIC RECORDS, IMPROVEMENT TRUST FUND THE PUBLIC RECORDS. 4. THIS IS NOT A BOUNDARY SURVEY. THE SPECIFIC PURPOSE OF THIS SKETCH WAS TO DELINEATE THE AREA Q1 =VERTEX c�- OF SPOIL ISLAND IR25 AND LEASE AREAS TO INDIAN RIVER COUNTY. NOT COMPLETE WITHOUT ALL 0) w 5. GRID COORDINATES AND BEARINGS SHOWN HEREON ARE IN FEET, AND ARE BASED ON THE FLORIDA STATE SHEETS 1 THROUGH 4 AS CREATED PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, 1990 ADJUSTMENT. BEARINGS AREj BASED ON A UNE BETWEEN THE S.E. CORNER OF SECTION 13, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND THIS IS NOT A BOUNDARY SURVEY a O IRC #1 (A 30" LONG #5 IRON ROD k CAP, "IRC REF PNT", SET ON SPOIL ISLAND IR25). SAID LINE SKETCH TO ACCOMPANY LEGAL DESCRIPTION BEARING N43'17'56"W A DISTANCE OF 5689.59'. C `- (') 6.THIS SKETCH AND DESCRIPTION IS BASED ON THE SURVEY OF SPOIL ISLAND IR25 BY INDIAN RIVER COUNTY, PREPARED BY INDIAN RIVER COUNTY d p O PROJECT #0905, DATED OCTOBER 29, 2009, AND REVISED ON NOVEMBER 24, 2009. ENGINEERING DIVISION-SURVEY SECTION $ EGD z NOLAN RIVER COUNTY ADMINISTRATION OUILOIN DRAWN eY: ROW ECTION ly SHEET L) J laDl 27TH STREET /NOL9NRli/ER COUNTY B.ROACH SKETCH AND DESCRIPTION OF 1 D _J DEPARTMENTOFPUBL/CWORKS NSHIP 32S SOVBREIGNL.9NDLEASE VERO BEACH, FL 32960 APPROVE BY: (772) 567-B000 ENG/NEERINGDII�IS/ON M.OBRHAf RANGE 39E BOAT CL UB/SL VD(SPOIL/SLAND%R2S) � CL qcT SOVEREIGNTY LAND SOVEREIGNTY LAND LEASE AREA COORDINATE TABLE LEASE AREA LINE TABLE Vertex Northing Eosting UNE N BEARING DISTANCE 4 1 1224519.04 852693.74 L1 572'30'38"W 30.28' 2 1224509.94 852664.86 L2 S87'46 00'W 23.44' 3 1224509.03 852641.44 L3 S59'1 6'02"W 188.72' g 4 1224412.58 852479.23 L4 N30'43'58'W 118.99' $ 5 1224514.86 852418.42 LS N59'16'02"E 110.51' 6 1224571.34 852513.41 7 1224693.74 852722.32 L6 N59'38 03"E 242.13' 8 1224597.02 852740.69 L7 S10145'15"E 98.45' 9 1224556.27 852744.76 L8 S05'42'13"E 40.95' 10 1224542.94 852730.68 L9 S46'34 02 W 19.39 $ L10 557'05'50"W 44.00' y� 3 CONTROL TABLE MONUMENT NORTHING EASTING GPS 163-RIOMAR 1992 1,219,829.050 860,249.380 $ C.M. S.E. CORNER SECTION 13)_ 1,220,395.900 856,591.114 I.R.C. #1 (#5 IRON ROD/CAP) 1,224,539.710 852,689.180 n SEE LEGAL DESCRIPTION—SHEET 1 OF 4 SEE SOVEREIGNTY LAND LEASE AREA SKETCH—SHEET 2 OF 4 SEE DOCK DETAILS—SHEET 4 OF 4 CERTIFICATION m SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 4 AS CREATED a M MICHAEL O'BRIEN P.S.M., C.F.M. DATE THIS IS NOT A BOUNDARY SURVEY Q m o FLORIDA REGISTRATION N0. 6118 SKETCH TO ACCOMPANY LEGAL DESCRIPTION o 0 INDIAN RIVER COUNTY SURVEYOR PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION-SURVEY SECTION E p� Z Y DRAWN BY: SHEE! (j J 'INDIAN RIVER COUNTY ADMINISTRATION BUILDIN LNDL4NRIVERCOUATY SECTION I3 SAETCH AND DESCRIPTION OF 1801 27TH STREET DEPAR7M£NT0FPU9L/CWORKS B.ROACH VERO BEACH, FL 32960 APPROVED BY: TOWNSHIP 325 SOVER£IGNTYLAND LEASE (n2) s67-a000 ENC/N6£R/NGD/v/S/ON M.OBRI£N RANGE 39£ BOA TCLUB/SLAND(SPOIL 15Z VD 11R25) Q a Lo 40 0 20 40 BD GRAPHIC SCALE (IN FEET) 1� 1W APPRQY/AN MYORTH 3 SPOIL ISLAND IR25 (A.K.A. BOAT CLUB ISLAND) O VACANT (UNOCCUPIED-PUBLIC RECREATIONAL USE) SPOIL ISLAND-HEAVY VEGETATION (MIXED-AUSTPAILIAN WOOD DOCK #1 PINE. MANGROVE, BRAZILIAN PEPPER, AND OTHER SPECIES) � POOR CONDITION WOOD DOCK #3 FAIR CONDITION a SOVEREIGN LAND LEASE AREA SHORELINE CONDITION: 1. NATURAL. TIDALLY AFFFECTED SAND SHORELINE. SOVEREIGNTY LAND INCLUDED NATIVE AND NON-NATIVE VEGETATION. LEASE AREA 2. NO MANMADE SHORELINE CONTROL FEATURES OBSERVED ON ENTIRE ISLAND. 9 3. UPLAND SHOREUNE=421.6± LINEAR FEET. a NOT COMPLETE WITHOUT ALL (4) SHEETS 1 THROUGH 4 AS CREATED SCO DOCK DETAILS IL m SEE LEGAL DESCRIPTION—SHEET 1 OF 4 Q SEE SOVEREIGN LAND LEASE AREA SKETCH—SHEET 2 OF 4 THIS IS NOT A BOUNDARY SURVEY c o cy) SEE TABULATIONS—SHEET 3 OF 4 SKETCH TO ACCOMPANY LEGAL DESCRIPTION a p Z PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION—SURVEY SECTION $ LL) w -j NDIAN RIVER COUNTY ADMINISTRATION BUILDIN DEPARTWENTOFPUBLIC WORKS �DlAWN BY: SECTION 11 SHEET Q a !NDlANRII�R COUNTY B.ROACH S.tETCH AND D6SCR/I'TION OF 1901 27TH STREET s 4 VERO BEACH, FL 32960 RovEO BY: TOWNSHIP JZS SOVERE7GN7YLANDLEASE (772) 567-9000 ENG/NEER/NGD/1//5/0N M.OBRIE'N I RANGE 39E BOATCLUB/SLAND(SPOIL 15LAIVD%RZSJ o° 7jIJEFFREY K.N THE RECORDS OF, CLERK CIRCUIT COURT DEPARTMENT OF THE ARMY INDIAN RIVER CO.,FLA. CONSENT TO EASEMENT w.. TATE OF FLORIDA TO USE CORPS OF ENGINEERS RIGHT-OF-WAY JDIAN RIVER COUNTY HIS 15 TO CERTIFY THAT THIS 15 p ,TRUE AND CORRECT COPY OF Consent No. DACW17-9-96-0028 lD HE ORIGINAL ON FILO IN THIS )fFICE. Project: Intracoastal Waterway, N lA Jacksonville to Miami, Indian X__JEFFREY K. tTON, CLERK River County, Florida N Y D'C' Tract No. 398 '1 ATE - a,-q 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 a Street, Vero Beach, Florida 32960, hereinafter referred to as the "Grantee" : co v .WHEREAS, the Government has acquired a perpetual easement F3 over the above-numbered tract of land, which easement, by its �- terms, reserves to the Government, in perpetuity, the right to N 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 w 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: o 1. That it is understood that this consent is effective only CD insofar as the property rights of the Government in the land to be occupied are concerned, and that it does not relieve the -D Grantee from the necessity of obtaining grants from the owners of the fee and/or other interests, therein, nor does it obviate the Q requirement that the Grantee obtain State or local assent U1 required by law for the activity authorized herein. COUNTY ATTORNEY'S OFFICE INDIAN RIYER COUP 1440 23fli Sfrenf Yoro Beach, Florida 32960 Attachment A Page 11 of 16 Pages SSLL No. 310345813 96 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 2 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 w... Attachment A Page 13 of 16 Pages SSLL No. 310345813 98 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 77�c1!z��/ii 1996. UNITED STATES OF AMERICA 5 BY: , .: C�c ;7 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 Indian niv 4:prr,ved Date CD Risk Deparime-M ` �`� Y`I ` i Dlvislon Attachment A Page 14 of 16 Pages SSLL No. 310345813 99 • MY.� r.i.l.r. nth Y. 1 0gtt� CC,KrIa•Y.l all•NLL�R VI, N,l1 T[W 6/a[a6l r60Y,•!6•N TO 6-1•N 'O'O0 6•t0-N Mq ar•u60r,R Yt 6ar.ror!'nu! to.•7 r!!1 L rYl6Y R r! IL•t !.n wrn a-m•1 a Jp•H r4M[•q..La6...walu•I.w.,w 1µ10q" 71.60 K ' W N 1161 I1 44N TD 61•M ,M L•.WC OD•M4L�R YtlI.N It,1ag1!' LI.a ar6N,R 1.1 6Y00 6.11-M Il.a6 6-l.-6•• ., ,. _ •gtlta cL rooav n ua 6 La-1-1.n 1 -� 1 HL u•L AOY 7-!•-N 11.16 1". aa. JO.1(•�•UY6 6Y6MYI�Oq� K•010JJK,,.M R W01,b1rT1 1 Ilal 0000. 666 12 14 a 40[ 1, 2 17 N • I I C ,!Y•Y 6.Yaw 1-M- :(7 J W�•i.(� « 7,0 I IWC 101 a-•.r . Iftsw D Z N A 1n Ix u A11 O la s1 l.fl 11 i3 O rn y-- Attachment A Page 15 of 16 Pages SSLL No. 310345813 100 F IDs � ,.• �o n lot C T Y E ? P 107 .N. °r, U S A I R-T m M IrL sl• 1. •wl.. � � � �,o nO 2 404 ' 110•O 6 � i /•� ` ``` ♦ . W -4 ` P Tom♦ ` ` ` \\ \ \ + ZS • . . \ ` . . . O I o FINAL PROJECT MAP p M ARMY IR1U MryKl CORPS OF ENGINEERS LOCATIOH OF PROAT VIATE FLORIDA mlA.n DIAN IV . ON1,10N 1 A All DNTYCT L ALIT AwA TMRO A1Rlt or Mall OF TRANSPORTATION ROBES aAaA[v,Da FLORIDA EAST COAST PAT*fto W Al ILotd.l IOI.Dt Ar Ise INDIAN RIVER COUNTY DEPARTMENT OF THE ARMY LTM TM + �fM_IF�Wm• ISN' aA J%COOkVILLC DISTRICT.CORPS OF ERpINLL `- 1-IS-T. W MMaw.R[ILAiI,rKIT 4 AAM SwTlsl M Sw I.R' A&=30NVILLE,FLORIDA tr-w Ta wC,-lalal!-a Aa/0 Y I-I,-w 7RKTI•os a.a Rawl. arr•R.WRIw as REAL ESTATE l� R•1-M TRAen IMOFI,.s•o L•a I I1011 nmRlr CC. ,-I- nKn woeol,wMa-a R„aa AM4 rLr � INTRACOASTAL WATERWAY I^c-Di II•••w nACTa Nwa-1•1.O.a-t Alp► arr��� •-aA- roRTIRR,a TII►,N.NI plRol[R a AI uw.r ur. .-1.-0 n-LT..•,.T..•° `xR JACKSONVILLE .TO MIAMI 5-1- nApa MOOPI.MM,•.INta nnRta 4R O ,-IY nwT VIII TAa.RMl4 4LR A,CnAI.r,s�W, •-1-w nAn Rw4 aRnRu call �'�•+• 6l 1.1.11 TYGI,R.oas• I.00l-I Rql NOta R SNaI.oRIA RLa rt)AULY s7 I-, TRA•T r-1TI.ARM1 cu N •-S-w TRACT FMM aiFlAll w allow 'ter O,TEL CNO O,,NOWAMM WAY110310N U.D.C I-11•I lYci,I•M,I AY F•llla AMI. 4a Lir IM .„. TRKT.-M.I aoel..,rner LAII.RaY4.. cAa AUDITED Arl, fwOr K Rrf/slYlbl p Rg10 J C-�= Rr.t�LO •Yw.p 8414-CI lm 312 N. A �r. 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'A 'r » s u�# � 1 ria _ .. pw top, Ml lit MAKi lay, MTV r OAK Lai St Zr *. $ a � » rw, t a < SOW w 1 ♦ � s COMMUNITY DEVELOPMENT 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 11t1i,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• Indian River Co. ApprQved Date �} 2 Admin. ( /� FOR: ol� Legal Budget r ,� By, Dept. Risk Mgr. F:\Community Development\Users\CDADMIN\AGENDA\2013\Consideration of Acquisition and Disposition of Block Property 061113.doc O 3 81 ST_ST 31393400000002000003.0 Q Uzi 31393400000003000001.0 31393400000003000001.1 a� a 31393400000003000002.177 Q �Z 79TH ST - 7� LUCIA DR L �Z iG MARTHAS LN 0 0 31393400000004000002.1 �� 0 y � MARSHA.LN r' 31393300000700000034.0 \ 31393400000004000001.0 TOWN OF-ORCHID CITY HALL • 77TH ST(HOBART RD) G Q ti rn; G) 32390300000300000001.1 32390300000001000001.0 � 32390300000300000002.0 32390300000001000002.0 32390300000300000003.0 32390300000001000002.1 32390400000100000001.0 32390300000300000003.1 32390300000300000004.0 32390300000001000003.0 INFORMATIONAL MAP-NOT A SURVEY Location Map e The information on this map is taken from reliable sources. However,its accuracy is not guaranteed. Attachment 1 /-,� A Attorney's Matters-B,CC 06.11.13 Off,Ce of INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K DeBraal,Deputy County Attorney Brooke W.Odom,Assistant 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. Indian River Co. App ved Date APPROVED FOR JUNE 11, 2013 B.C.C. MEETING Admin. ATTORNEY'S MATTERS Co.Atty. Budget Comm.Developmt. Public Works -S COUNTYATTORNEY F..1Wu..gDndalcner A8 CCWgendad1e-9u;p=1 Fee(Suspension Ordinance)01.do 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. 114.—r ,�LindalGeneralO Ca4genda AlemosVmpacr Fee r—pension 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:W rm—yDL d.lG--I B CCMgenda M—.Vmp a Fee(S..x-i-Ordinance)01.d. 108 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 stfilorthrough): 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. Emeeption: the imposifien of impae4 fees for-public buildings, eerfeetional , and solid waste f4eilities is temperarily suspended for-the two year-period fiem Apr44 1 2012 to 1\ 201 n NOTE. This tie lies 1<. to „lie t-iens "�-la'VI'TCVZ��1, L+ • . ��GC�7TL071 CL�7'j7II�•7' �'Zil�-4V K�/�J11�K41V iiU iVl building permits and ir&ial/final eenetiffeney eertifieates needed prior- to release site The—GA�i CIoI1Z[C7GTTIICT Vx4V11d CV'apphGiXCI��CR' , ipAtkal , eT Appheable impaet—fees-must be paid at the time of building „o,mit p VKt1 Vll vi ate' m4thin eighteen (18) meaths ef issuanee of the building pefmit, then no eeAifieate of 1 109 ORDINANCE 2013- , and lid. as4e f eilities paid at the the ent rata 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 Zore 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. 3 111 r The School District of Indian River Count,,, Impact Fees by Date of Receipt FY 2006-YTD FY 2013 As of Mav 31,2013 Amount of Impact Fees Must be spent or encumbered Date Received (Revenue Code 3496) by calendar 2uarter 6y ears after 10/142005 1,305,974.60 30-Mar-12 1/31/2006 Note--this is for the first quarter 1,]79,036.32 30-Jun-12 2/1/2006 1,183,985.24 30-Jun-12 2121/2006 119,916.10 30-Jun-12 3/20/2006 250,671.17 30-Jun-12 4;18/2006 462,530.42 30-Sep-12 6/1/2006 382,043.68 30-Sep-12 6 19/2006 301,907.86 30-Sc -12 p Total 2006 7/19/2006 222,575.81 31-Dec-12 5,408,641.20 FY 2007 1,055,331.97 31-Dec-13 FY"2008 1,185,943.22 31-Dec-14 FY 2009 291,170.01 31-Dec-15 FY 2010 278,711.95 31-Dcc-16 FY 2011 331,751.28 31-Dec-17 FY 2012 409,547.96 31-Dec-18 YTD FY"2013 581,462.36 31-Dec-19 Amount Spent .Amount Encumbered Total SRIJS 3,950,317.99 3,950,317.99 Fellsmere 778,961.48 4,962,329.82 5,741,291.30 At May 31,2013 4,729,279.47 4,962,329.82 9,691,609.29 Total through 2013 $ 9,542,559.95 TOTAL TO 2013 Reconciliation to TERMS: Appropriated to Fellsmere,including available assigned to Fellsmere Appropriated to SIZES FLC $ 6.375,522.73 3,950,317.99 Unappropriated current pear Impact Fees ITD through,I1ap 31,2013 c Current year Interest earned on Impact Fees 2013 unappropriated 142,292.00 2.21199 TOTAL TO 2013 $ 10,472,044.71 Impact Fees by fiscal YEAR of Collection: Impact Fees(Revenue Code(3496) Interest Earned(RC 3431) 2006 $ Total 5,408,641.20 S 113,716.78 $ 5,522,35798 2007 1,055,331.97 326,181.54 2008 1,381,513.51 1,185,943.22 305,476.42 1.491A 1 9.64 2009 291,170.01 201(1 278,71195 99,920.97 391,090.98 2011 331,751.28 26,427.59 27,124.82 305,836.77 2012 358,178.87 To May 31,20132013 409,547.96 20,394.64 429,942.60 581,462.36 $ 10.242.00 591,704.36 9,542,559.95 $ 929,484.76 $ 10 472 044 71 5/31/2013 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 1 would like to request discussion on staffing levels in the Commission Office. 113 � Co INDIAN RIVER COUNTY ;�tv_Lnco A .g SOLID WASTE DISPOSAL DISTRICT I�� �'LoRlp 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. —777777T7777K= A�ourit y d F K 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: Indian River Co. A roved Date By: �o /3 Jose h A. BairdtCounty Administrator Administration Budget (Q 5-13 F legal •�3 Date SWDD �p SWDD S �3 SWDD Agenda-Change Order No 1 to Jacquin Sons for Oslo CCC Project Page 2 115 CDM 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)1160N0100 Norevised.dm WATER+ENVIRONMENT+TRANSPORTATION +ENERGY+ FACILITIES 1116 CDM 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 No.1 PROJECT: Oslo Customer Convenience Center DATE Of ISSUANCE: May 1.2013 EFFECTIVE DATE..: Mav 1,2013 OWNER Indian River County OWNER'S Contract No: CDlvi 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 CON'I'IIAC'1'TIME Original Contract Price Original Contract Times Partial Utilization: 120(lays(April 9,2013) $2,161,000.00 Substantial Completion: 150 da sy (May 9,2013) Ready for final payment: 180 clays(June 8,20131 Net changes from previous Change Orders Net change from previous Change Orders No._._._to No. No.—to No. $0.00 0 clays 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 clays(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 clays(June 22,2013) $1.695,372.96 Substantial Completion: _224 days(July 22,2013) Ready for final paytne .X54 clays Au ust 21 201 RE ✓'`— APPROVED: AC 'P -D: By: By: By EN EL•- - A thorized-Signature)—OWNER(Authorized Signature) CO RA 'TO f (Autho4iature)---- Date: Date: Dale: IrIL 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 LAIC!& pCOUNTYAaORNEY4 118 OSLO CUSTOMER CONVENIENCE CENTER CHANGE ORDER NO. 1 SUMMARY Item Vendor Change to Contract Amount Change to Contract Time 1 Owner Direct Purchase-Ferguson Enterprises ($90,722.95) 0 Days 2 Owner Direct Purchase-American Concrete Industries ($26,690.22) 0 Days 3 Owner Direct Purchase-Hydra Service ($21,115.38) 0 Days 4 Owner Direct Purchase-Stephens Pipe&Steel ($21,243.90) 0 Days 5 Owner Direct Purchase-Cemex ($70,858.00) 0 Days 6 Owner Direct Purchase-Construction Materials ($68,314.00) 0 Days 7 Owner Direct Purchase-1st Fire and Security ($9,948.28) 0 Days 8 Owner Direct Purchase-Peninsular Electric Distributors ($68,716.80) 0 Days 9 Owner Direct Purchase-Marathon Compactors ($81,547.97) 0 Days 10 jOwner Direct Purchase-Florida Detroit Diesel ($44,802.14) 0 Days Subtotal= ($503,959.64) 0 Days 11 Work Change Directive No.1-Force Main and Stormwater Modifications ($8,155.00) 0 Days 12 Work Change Directive No.2-Gas Main Conflicts Resolution $26,375.25 0 Days 13 Work Change Directive No.3-Alternative Geogrid Material ($11,756.25) 0 Days 14 Work Change Directive No.4-Alternative Light Pole Type ($1,881.00) 0 Days 15 Work Change Directive No.5-Future Fiber Optic Conduit $9,930.80 0 Days 16 Work Change Directive No.6-Additional Dumpster Slabs $23,818.80 0 Days 17 Building Permit Delay $0.00 67 Days 18 lRain Days 1 $0.00 7 Days Subtotal= $38,332.60 74 Days TOTAL= ($465,627.04)1 74 Days lWilth 111161 COl Summary.xlx 02013 CDM Smllh Inc. j All Rights Reserved .L Q0 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 Total Deduct for ODP $503,959.64 Work Change Directives #1 Storm Drain Changes Deduct $8,155.00 2# Conflict Resolutions Add $26,375.25 #3 Geogrid Material Change Deduct $11,756.25 #4 Light Pole Material Change Deduct $1,881.00 #5 Fiber Optic Conduit Add $9,930.80 #6 Additional Dumpster Pads Add $23,818.80 Net Add Work Change Directives $38,332.60 Net Deduct Change Order 1 Deduct$465,627.04 120 S� � °nsa� Commercial Established Industrial 1940 PaulCONSTRUCTION Inc. Residential 6��— 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, 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 June 14, 2013 Substantial Completion July 15, 2013 •..- Final Completion August 15, 2013 In erely, David A erte Sr. Project Manager Paul Jacquin &Sons, Inc. Attachments; Building Permit 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