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HomeMy WebLinkAbout11/08/2016 (2)71 0RAA) COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis District 1 Peter D. O'Bryan District 4 Tim Zorc District 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 8, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating the Month of November, 2016, as National Runaway Prevention Month 1 B. Presentation of Proclamation Designating the Month of November 2016, as National Adoption Awareness Month 2 - -------------------------------------------------------------------- November 8, 2016 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation of Proclamation Designating the Day of November 11, 2016, as VeteransDay-- -- ------------ ------------------------------------------- 3 D. Presentation of Proclamation Designating the Day of November 29`}', 2016, _ as_#Giving Tuesday --------- ----------- ----- -- - 4 6. APPROVAL OF MINUTES None 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Employment Report (memorandum dated November 22 2016) 5-6 B. Paychecks for Patriots Hiring Event (memorandum dated November 2 2016) 7-8 ------------------------------------------------------------------------------------------------- C. Update on All Aboard Florida / Vero Electric Expenses (memorandum dated October 31, 2016) ---------------------------------------------------------- 9-14 D. Planning & Zoning Commission Vacancy Appointment (memorandum dated October 31,_2016) ___________________ 1548 E. Indian River County Venue Event Calendar Review 19 -------------------------------------------------------------------------------------------------------------------- F. License / Use Agreement between FEMA, Indian River County and Indian River State College for Use of Space in Brackett Library (memorandum dated October 31 2016)_ 20-24 ---------------'------- ------------------------------------------------ --------------- G. Florida Public Service Commission Notice of Consummating Order NO. PSC -16 -0497 -CO -EI In re: Petition for approval of modification to and extension of the approved economic development and re -development rider experimental pilot tariffs, by Duke Energy Florida, LLC, is available for review in the Office of the Clerk to the Board ---- -------------------------------------------------------------------------------------------------------------------- H. Florida Public Service Commission Order NO. PSC -16 -0499 -TRF -EQ In re: Petition for approval of modifications to standard interconnection agreement contained in the approved tariff by Duke Energy Florida, LLC, is available for review in the Office of the Clerk to the Board ---- November 8, 2016 Page 2 of 7 8. CONSENT AGENDA PAGE A. Approval of Checks and Electronic Payments October 21, 2016 to October 27, 2016 (memorandum dated October 27 2016) 25-31 _(Memorandum - --------------------------- _ B. Quarterly Investment Report for Quarter Ending 09/30/2016 __(memorandum_dated October 28,_2016)_____ 3244 C. Quarterly Tourist Development Tax Report for Quarter Ending 09/30/2016 (memorandum dated October 25,_2016) - 4546 D. Quarterly OPEB Trust Report for Quarter Ending 09/30/2016 -_(memorandum_dated October 28 2016) 47-57 E. Internal Audit Division of the Clerk's Office (memorandum dated November 1 2016) _ 58-59 F. Appointments to the Economic Opportunities Council of Indian River County, Inc. __(memorandum_dated October 25,_201-6) 60-70 G. Jake Owen Foundation's Request to Utilize Sampson Field to Support Charity Event on December 9, 2016 (memorandum dated October 26,_2016)_ ---------------------------------------------------------------------------------------- _ _ _ _ _ 71-75 H. Resolution Cancelling Taxes on Property Quit -Claimed by Indian River County to the City of Fellsmere _(memorandum dated October 31,_2016) 76-81 - - - - ----------------------------------------------------------------- I. Final Pay and Release of Retainage to Mack Concrete Industries, Inc., for a New Package Wastewater Treatment Plant at Blue Cypress Lake — UCP 94102, Bid No. 2015044 __(memorandum dated October 27,_2016)_______________________________________________________ 82-84 J. Award of Bid No. 2017009, 8t' Street Sidewalk Improvements (Mh Avenue to 21" Court) (memorandum dated October -13,2016) --------------------------------------------------------- 85-96 November 8, 2016 Page 3 of 7 J 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE A. Indian River County Clerk of the Circuit Court & Comptroller Jeffrey R. Smith __Annual Fiscal_Report for the Fiscal Year Ended September 30,_2016___________________ 97-99 B. Indian River County Property Appraiser David C. Nolte Annual Fiscal_Report for the Fiscal Year Ended September 30, 2016 100-103 C. Indian River County Sheriff Dervl Loar Annual Fiscal_Report for the Fiscal Year Ended September 30, 2016 104-105 D. Indian River County Supervisor of Elections Leslie R. Swan Annual Fiscal Report for the Fiscal Year Ended September 30, 2016 106-112 E. Indian River County Tax Collector Carole Jean Jordan Annual Fiscal Report for the Fiscal Year Ended September 30, 2016 113-121 PUBLIC ITEMS A. PUBLIC HEARINGS 1. Right -of -Way Ordinance Amendment (memorandum -dated-_October_ 2.4z 20. 1.6)__________ _ ______________________ 122-129 Legislative 2. Ordinance Concerning Medical Marijuana Treatment Centers (memorandum dated October 24, 2016) 130-137 ------------------------------------------------------ Legislative B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Ardra Rigby and Bill Rigby Regarding Issue on Natural Gas / Franchise Agreement Negotiated with Waste Management138 --------------------------------------------------------------------------------- 2. Request to Speak from Brian Heady Regarding Representative Government 139 November 8, 2016 Page 4 of 7 10. PUBLIC ITEMS PAGE C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing for November 15.2016: Consider Creating a New Chapter 317 of the Code of Indian River County to Prohibit Oil and Gas Well Stimulation (Fracking) Legislative _(memorandum_dated October 31?_2016) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 140 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None 1, Human Services None 2, Sandridge Golf Club None 3, Recreation None D. Human Resources None E. Office of Management and Budget None November 8, 2016 Page 5 of 7 12. DEPARTMENTAL MATTERS PAGE F. Public Works None G. Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Jenkins vs IRC — Unconditional Offer for a parcel of property located on the south side of 53rd Street west of Old Dixie Highway _(memorandum dated November 1, 2016) --------------------------------------------------- 141-148 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman None B. Commissioner Joseph E. Flescher, Vice Chairman None C. Commissioner Wesley S. Davis None D. Commissioner Peter D. O'Brvan None E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emeraencv Services District None B. Solid Waste Disposal District None C. Environmental Control Board None November 8, 2016 Page 6 of 7 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircizov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6. 00p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1: 00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. November 8, 2016 Page 7 of 7 PROCLAMATION 'R DESIGNATING THE MONTH OF NOVEMBER, 2016, AS NATIONAL RUNAWAY PREVENTION MONTH WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 375 youths are homeless on the Treasure Coast. The National Runaway Switchboard reported more than 268 crisis runaway calls from two Treasure Coast area codes (772, 863) during 2015; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with The National Runaway Switchboard and The Family and Youth Services Bureau to educate and prevent youth in crisis from running away and subsequently living on the streets; and WHEREAS, Children's Home Society of Florida provides support services to youth in crisis that aim to move youth into stable living situations; and WHEREAS, Children's Home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RiVER COUNTY, FLORIDA, that the month of November 2016, be designated as NATIONAL RUNAWAY PREVENTION MONTH in Indian River County. in honor of this event, we encourage community agencies, religious organizations, businesses, and others to recognize and observe the month of November, 2016 as National Runaway Prevention Month. As a community we need to focus our attention on those children who experience crisis and turn to the streets for support. Adopted this 8th day of November, 2016 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari. Chairman J eph E. Flescher, Vice Chairman We ley S. Davis Peter D. O'Bryan Tim c PROCLAMATION 5_6 DESIGNATING THE MONTH OF NOVEMBER, 2016, AS NATIONAL ADOPTION AWARENESS MONTH WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families-, and WHEREAS, on any given day approximately 125-175 children are awaiting adoptions on the Treasure Coast, and in the last three years over 450 children have been given the gift of forever families; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with the Department of Children & Families to ensure that every child has a forever family; and WHEREAS, children waiting for adoptive parents, and families who have adopted these children, require and deserve community and agency support; and WHEREAS, Children's Home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the month of November 2016, be designated as NATIONAL ADOPTION AWARENESS MONTH in Indian River County. In honor of this event, we encourage community agencies, religious organizations, businesses, and others to celebrate adoption, honor families that grow through adoption, further an awareness of the changes and issues in adoption, and focus attention on those children who live in the shadow of an uncertain future while they await forever families. Adopted this 8th day of November, 2016 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman 150,p J,ph E. lescher, Vice Chairman 1/y.e..s,ley S. Davis Peter D. O'Bryan Tim Zor, PROCLAMATION DESIGNATING THE DAY OF NOVEMBER 11, 2016, AS VETERANS DAY WHEREAS, on May 13, 1938 Congress approved an Act designating November 11'h as Armistice Day commemorating the end of World War I and paying tribute to the heroes of that war; and WHEREAS, on June 1, 1954 Congress approved an Act changing the name of Armistice Day to Veterans Day in order to also pay tribute to the veterans of World War II and veterans of all wars who have contributed so much to the preservation of our Nation; and WHEREAS, over 18,000 veterans of all wars presently reside in Indian River County, which is host to 25 veteran organizations; and WHEREAS, veterans residing in Indian River County individually and collectively as members of veteran organizations, contribute in many ways to the welfare and betterment of the social, cultural and economic life of Indian River County; and WHEREAS, the Indian River County Veterans Council consisting of representatives from more than 20 City and County veteran organizations annually observe Veterans Day, as well as all patriotic observance days, by holding ceremonies at Veterans Memorial Island Sanctuary in Vero Beach; and WHEREAS, Indian River County and some of its prominent citizens of the past and present have established Veterans Memorial Island Sanctuary as a place to commemorate and pay tribute to all veterans of all wars; and WHEREAS, the City Council of Vero Beach maintains, improves and makes Veterans Memorial Island Sanctuary one of the finest veteran landmarks in the United States that pays tribute to all veterans that have served our Country. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that November 11, 2016 be designated as "VETERANS DAY" and the Board encourages all citizens to fly the American flag to pay tribute to all veterans living and deceased and to attend the Veterans Day service 8.-45AM at Veterans Memorial Island Sanctuary on Friday, November 11, 2016. Adopted this 8th day of November, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman lescher, Vice Chairman S. Peter D. O'Bryan (j Tim Zo.� ° PROCLAMATION ,D DESIGNATING THE DAY OF NOVEMBER 29th, 2016, AS #GIVING TUESDAY WHEREAS, Gifford Youth Achievement Center is a 501(c)3 agency with its sole purpose to enhance the academic achievement of children in Indian River County and enhances youth and adult success in life, and the positive sense of self-worth within every individual they serve; and WHEREAS, GYAC serves students as well as provides programs and activities for adults and senior citizens serving over 200 students and adults on an average daily basis in their facility of classrooms, computer labs, a branch of the county library, and an indoor gymnasium; and WHEREAS, Gifford Youth Achievement Center will be participating in a global movement known as #GivingTuesday on November 29, 2016 which was created for people to come together for one common purpose to encourage giving and to get involved in a way that is meaningful to them or their community which promotes generosity through a call to action for donating funds, volunteerism, or promotion of worthwhile causes to others; and WHEREAS, Gifford Youth Achievement Center has become a part of this day of giving that brings diverse organizations together to work to support the mission of establishing a partnership among our youth and adults of the Gifford community and surrounding municipalities of Indian River County that will develop self-esteem, teach character, and encourage each individual to reach for his or her ultimate potential with God's guidance. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the day of November 29th, 2016, be designated as #GivingTuesday in Indian River County, and the Board encourages all citizens to work with the Gifford Youth Achievement Center and other agencies to participate in this global initiative of giving. Adopted this 8th day of November, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Flescher, Vice Chairman �"s y S. Da is � Peter D. O'Bryan Tim �_°_r& November 8, 2016 ITEM 7/. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 2, 2016 SUBJECT: Employment Report 62� FROM: Peter O'Bryan Commissioner, District 4 The attachment is the CareerSource Research Coast Employment Report for September 2016. 61 CareerSource RESEARCH COAST � CJ October 21, 2016 The unemployment rate in the CareerSource Research Coast region (Indian River, Martin, and St. Lucie counties) was 5.8 percent in September 2016. This rate was 0.4 percentage point lower than the region's year ago rate of 6.2 percent. Out of a labor force of 265,389 there were 15,522 unemployed residents in the region. The CareerSource Research Coast region contains two metropolitan statistical areas (MSAs); the Port St. Lucie MSA (Martin and St. Lucie counties) and the Sebastian-VeroBeach MSA (Indian River County). In September 2016, nonagricultural employment in the combined CareerSource Research Coast metro areas was 189,200, an increase of 4,400 jobs (+2.4 percent) over the previous year. Unemployment Rates* (not seasonally adjusted) Sept 2016 Aug 2016 Sept 2015 August 2015 Sept 2014 August 2014 CareerSource Research Coast 5.8 5.9 _ 6.2 6.7� 8.2 8.2 Indian River County 6.7 6,6 7.1 7.6 9.0 8.2 Martin County 5.0 S,0 5.2 5.6 6.7 6.2 St. Lucie County 5.9 6.0 6.2 6.8 8.8 8.0 Florida 5.0 4.9 5.3 5.6 6.8 6.3 United States 1 4.8 1 5.0 4.9 5.2 6.1 5.9 *Monthly employment and unemployment rates (not seasonally adjusted) at the state and local levels may have sharp fluctuations due to seasonal events that follow a somewhat regular pattern each year. Seasonal events include tourism, agricultural harvests, holidays, and the opening and closings of schools. The effects these events have on labor statistics can be eliminated through seasonal adjustment a statistical technique that smoothes the seasonal impacts and makes it easier to observe underlying trends. Seasonally adjusted unemployment rate estimates are available for Florida, Lowest Unemployment Rate Highest Unemployment Rate Martin County had the lowest unemployment rate (5.0 percent) Hendry County had the highest unemployment rate (11.3 percent) in in the CareerSource Research Coast region followed by St. Lucie Florida in September 2016, followed by Hardee County (7.3 percent), County (5.9 percent), and Indian River County (6.7 percent). and Glades County (7.0 percent). Employment by Industry by MSA In the combined CareerSource Research Coast metro areas, the major industries that gained jobs over the year were: education and health services (+1,700 jobs); professional and business services; (+800 jobs); leisure and hospitality (+800 jobs); government (+800 jobs); other services (+400 jobs); mining, logging, and construction (+200 jobs); trade, transportation, and utilities (+100 jobs); information (+100 jobs); and financial activities (+100 jobs). The manufacturing industry lost (-500 jobs) jobs over the year. Port St. Lucie MSA Next release will be November 18th, 2016 collaborate. innovate. lead. G'areersourcarc,com Education & Health Services 1200 Leisure and Hospitality 700 Government 900 Professional and Business Services 800 Other Services 300 Retail Trade 100 Information 0 Mining, Logging & Construction 100 Financial Activities 0 Wholesale Trade -100 Transportation, Warehousing, & Utilities -100 Manufacturing Sebastian -Vero Beach MSA Education & Health Services 400 Leisure and Hospitality 100 Mining, logging & Construction 200 Retail Trade 100 Transportation, Warehousing & Utilities 200 Professional and Business Services 100 Information 0 Other Services 100 Wholesale Trade 0 Financial Activities 100 Government 0 400 ManufaRurirg 0 Administrative Offices * 584 NW University Boulevard, Suite 100 1 Port Saint, FL Lucie, FL 34986 ANN An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Al voice telephone numbers on this document may be reached by persons using TTYfrDD equipment via the Florida Relay Service at 711. r November 8, 2016 ITEM 7: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 2, 2016 SUBJECT: Paychecks for Patriots Hiring Eve o FROM: Peter O'Bryan Commissioner, District 4� The Florida "Paychecks for Patriots" hiring event will be held on Monday November 14, 2016. A flyer is attached. CareerSource OF ♦ 'f ® RESEARCH COAST 'F PAR Y�KS PAYCNECKS FOR PATRIOTS POTS HIRING EVENTMONDAY- NOVEMBER 14TH, 2016 CONNECT L 0 C A L EMPLOYERS 10:00 a.m. - 2:00 p.m. INDIAN RIVER STATE COLLEGE ST.LUCIE WEST PRUITT CAMPUS SCHREIBER CONFERENCE CENTER 500 N.W. CALIFORNIA BLVD. PORT ST. LUCIE, FL 34986 ACHIEVE YOU CAREER GOALS PA4CHECKS • To RSVP/Pre-Register, please click this hyper -link: PA7kN)TS ,' Paychecks For Patriots Pre Registration For more information visit us at hftp://careersourcerc.com/paycheck-for-patriots/ or email Victor Melendez at vmelendez@careersourcerc.com Presented by CareerSource gr RESEARCH COAST DEa) k,; EDC FDV,.,,, TPL&SMCOAST FLORIDPEMI INDIANRIVER I.O?DA DFeAqeE:1 O� tiHFaAfiAE49S MANUFA U OECONOMIC OP'pRTIxTY STATE COLLEGE A C IAT 1 N INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: October 31, 2016 FROM: Michael Smykowski Director, Office of Management & Budget INFORMATIONAL li SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to. the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 10/31/16. ATTACHED: . • All Aboard Fl. expenses through 10/31/2016 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 10/31/2016 spreadsheet. APPROVEH,AGENDAWYM: BY:• . _, Ja4 E. Prown Co my dministrator FOR: November 8, 2016 Indian River County ApyrbAdJ mw Administrator ZJ Legal Budget Department Risk Management 9 All Aboard Florida Expenses Indian River County 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 -16/17 in addition to prior authorizations Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 F:\Budget\AII Aboard FL Expenses 10 All Aboard Florida Expenses Indian River County "Split between St.Lucie, Indian River, and Martin Counties Acct#00110214-033190-15023 Other Professional Services 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/28/2016 GK Environmental $16,380.00 Encumbrance -PO 74854 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 3/7/2016 Triad Railroad Consulants $6,291.41 Encumbrance -PO 74724 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $85,235.30 9/30/2015 Dyland Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 Acct#00130214-034020-15023 All Travel 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P -Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 F:\Budget\All Aboard FL Expenses 11 All Aboard Florida Expenses Indian River County Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total expenses FY 13/14 $45,825.80 Total expenses FY 14/15 $1,154,211.26 Total expenses FY 15/16 $893,538.91 Total expenses FY 16/17 $0.00 Total expenses processed as of 10/31/16 $2,093,575.97 Total Board authorized budget for FY 15/16 $1,100,000.00 Total Board authorized budget for FY 14/15 $1,287,985.00 Total Board authorized budget for FY 13/14 $168,740.00 Total budgeted 13/14-15/16 $2,556,725.00 Remaining Balance $463,149.03 F:\Budget\AII Aboard FL Expenses 12 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 9/30/2016 Berger Singerman $1,072.50 9/20/2016 Berger Singerman $632.50 8/16/2016 Berger Singerman $275.00 7/19/2016 Berger Singerman $275.00 6/14/2016 Berger Singerman $605.00 5/24/2016 Berger Singerman $495.00 5/4/2016 Berger Singerman $1,650.00 2/9/2016 Berger Singerman $1,265.00 1/20/2016 Berger Singerman $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting & Video $457.75 11/17/2015 Berger Singerman $2,172.50 Subtotal Expenses FY 15/16 $35,712.75 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 $180,738.02 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 13 Other Prof. Services /Legal Advertising 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 13 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services $58,849.99 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Travel $58,849.99 3/16/2016 Dylan Reingold-FL Senate Committc $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahas $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahas $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtl $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahas $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 Total expenses FY 13/14 $58,849.99 Total expenses FY 14/15 $206,300.11 Total expenses FY 15/16 $69,888.77 Total expenses FY 16/17 $0.00 Total expenses processed as of 10/31/16 $335,038.87 Remaining Balance $72,689.13 14 Budget Authorization Budget 10/1/2016 FY 16/17 Budget $69,789.00 10/1/2015 FY 15/16 Budget $50,000.00 9/15/2015 Legal Services $57,939.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $407,728.00 Remaining Balance $72,689.13 14 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: Ofce of INDIAN MEMORANDUM Board of County Commissioners Dylan Reingold, County Attorney October 31, 2016 Informational Matters - B. CC 11. 08.16 RIVER COUNTY Planning & Zoning Commission Vacancy Appointment ATTORNEY Commissioner Zorc is appointing Kenneth A. "Chip" Landers to fill the position of the "BCC Appointee, District No. 3" vacancy on the Planning & Zoning Commission, which term expires in January 2017. APPROVED FOR NOVEMBER 8, 2016 B. C. C. MEETING – INFORMATIONAL MATTERS COUNTY ATTORNEY F. L9ttorneylChrLctinalCOMM1TTEES1Ceneral MatterslBCCAgenda Memos1161019 Committee Vacancy Appointment (P-Z).docx 15 Indian River Co. Appr d Date Admin. 1 h Co. Atty. Budget Dept. 14;/$///( Risk Mgr. — M F. L9ttorneylChrLctinalCOMM1TTEES1Ceneral MatterslBCCAgenda Memos1161019 Committee Vacancy Appointment (P-Z).docx 15 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: Kenneth A "Chip" Landers Date: K9:/2:8:f16 ,4z' J/ 5�4w Full Name: Kenneth A "Chip" Landers Email Address: Chip@chiplanders.com Street Address (No P.O. Boxes): 1440 Bunker Ct Vero Beach,FL 32966 Home Phone: �Work Phone: A Cell Phone: 772-473-7868 How long have you been a resident of Indian River County? 48 years Are you a full or part time resident? Check one: Full Timez Part Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. BHHS FLORIDA REALTY Please list any licenses you presently hold: FLORIDA REAL ESTATE LICENSE Please list any organization of which you are currently a member: REALTORS ASSOCIATION OF IRC TREASURE COAST BUILDERS ASSOCIATION Please list any other committees or boards you currently sit on: Continued on next page RECEIVED SEP 2 g 2016 WARD OF COUNTY COMMISSION 16 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY El ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK FORCE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY 0 Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. a 17 Kenneth A. "Chip" Landers, Jr. Family: Oldest of 10 children (5 adopted) of Kenneth and Laura Landers Married: 1985 Doris J. Inman -Landers (Teacher), 2 Children: Amanda and Kenneth Education: Employment: Vero Beach High School 1981 University of Florida Mav 1985 Major- Real Estate BHHS Florida Realty(Norris& Company) 11/2009 - Present Vero Beach, FL Broker - Associate Coldwell Banker Ed Schlitt, LC 3/ 2009 —11/2009 Vero Beach, FL Broker —Associate The Professionals Realty, LLC 6/ 2003 — 3/2009 Vero Beach, FL Broker — Owner Coldwell Banker Ed Schlitt, LC 5/99 — 6/2003 Vero Beach, FL New Home Division Various Builders & Developers 5/1985 — 5/1999 Vero Beach, Orlando and Gainesville, FL General Manager, Sales Manager Community Involvement: Realtors Association of Indian River County Realtor of The Year 2013 and 2007, President 2003,_Instructor Ethics section for new member Orientation (2006 -present), Government Affairs, Treasurer, MLS Treasure Coast Builders Association Indian River County Chapter Chairperson (1993, 1994), Board of Directors (1993-1999, 2002) IR Chamber of Commerce Impact Fee Committee Vero Beach Indian River County Chamber of Commerce SR 60 Task Force Indian River County Affordable Housing Committee City of Vero Beach Downtown Ad Hoc Committee Address: 1440 Bunker Ct Vero Beach, FI 32966 Contact Information: Telephone: 772-473-7888 (Mobile) Email: chi p(a)chiplanders.com 18 7r OR1O r"� Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Mobile Food Pantry -Treasure Coast Food Bank November 5 @ IRC Fairgrounds: • 7am - 1 pm Sunshine State Games Baton Twirling & Band Auxiliary Event November 5 @ iG Center: • 9am Bolt Aquatics Swim Meet November 5 @ NCAC: • 8am - 2:30pm Sunshine State Games Fall Lacrosse 2 -Day Tournament November 5-6 @ IRC Richard N. Bird South Regional Park: • Schedule to come 4H Cattle, Steer & Goat Show November 11-13 @ IRC Fairgrounds Ag Expo: • Friday 5pm - 9pm • Saturday 7am - 9pm • Sunday 7am - 9pm Treasure Coast "Dick Bird" Team Golf Championship November 12-13 @ Sandridge: • Saturday & Sunday 8am Shotgun Start Hometown Heroes A LibraryNeterans Tribute Event November 17 @ IRC Main Library: • 7am - 3pm Indian River Dog Training Club - Agility Event November 17-20 @ IRC Fairgrounds Ag Expo: • 6pm - 7:30pm • No Admission, public is welcome. Brevard Swim Club Meet November 19 - 20 @ NCAC: • 7am - 3pm 19 INFORMATIONAL ITEM INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: October 31, 2016 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: License / Use Agreement between FEMA, Indian River County and Indian River State College for Use of Space in Brackett Library In response to Hurricane Matthew, the County has entered into a License Agreement with the Federal Emergency Management Agency ("FEMA"). The License Agreement grants FEMA occupancy of specified rooms and facilities within the Brackett Library in order to provide disaster assistance to applicants residing in Indian River County. Indian River State College has acknowledged receipt of a copy of the License Agreement and is cooperating with the County to facilitate the terms to the Agreement. The License Agreement is attached for your information. ATTACHMENT License / Use Agreement Approved Age Item BY: J,fon 4. Brown Cbuna Administrator FOR: November 8, 2016 Indian River County Approved Date Administration )1 County Attorney Budget Department Risk Management F:\Assistant County Administrator\AGENDA ITEMS\2016\BCC 1 I NOVEMBER 2016\BCC MEMO - License Use Agreement between FEMA.doc 20 LICENSE / USE AGREEMENT 1. Parties. The Parties to this Agreement are the Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS); and Indian River County, FL, ("Licensor"). 2. Authority. This Agreement is authorized under the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207, et seq. 3. Purpose. FEMA desires to use, and the Licensor agrees to license and permit FEMA to use the following described property (hereinafter referred to as the "Premises") at no cost to FEMA: Bjorkman Conference Room, (Room #105); Offices #102 and #103; Kitchen Area #104 to include Restrooms (#106 & #107) All located within the Indian River County Brackett Library 6155 College Lane Vero Beach, FL 32966 4. Scope. The Licensor will authorize FEMA the use of the premises identified above for the following purposes: FEMA will use the Premises primarily as a Disaster Recovery Center where FEMA will receive members of the public for the purpose of providing information such as the status of applications, and general information on FEMA disaster assistance. Other Federal, State, local and voluntary organizations may also use the Premises to provide similar information on their programs. 5. Duration. This Agreement shall become effective upon execution, and expire no later than 11/28/16, unless terminated prior to that date with 10 calendar days' notice from either party. The Agreement may be extended by mutual consent of the parties. 6. Duties and Responsibilities. a. Licensor shall: 1) At no cost to FEMA, maintain the premises in good repair and condition, and supply utilities including heat, air conditioning, light, ventilation, sanitation, trash removal, and cleaning services during the period of this Agreement unless FEMA enters into separate agreements to provide for utility, sanitation and cleanings services; 2) Provide FEMA with any keys or other instruments necessary to access the Premises, as needed by FEMA, and coordinate with FEMA to assist with limiting the access of third parties; 21 3) Maintain at Licensor's own expense existing electrical service, and all other utilities including water and sewer for the duration of this Agreement, unless separately metered and contracted for by FEMA under separate agreements; 4) Permit FEMA to install, if necessary, electrical and telecommunications upgrades with the approval of the Licensor, which will become the property of the Licensor upon termination of the lease and not be removed by FEMA; 5) Permit FEMA to provide, as necessary, office furniture and equipment for its use. This property and other removable property provided by FEMA necessary to carry out the intended use of the Premises will remain FEMA property in the exclusive control and authority of FEMA in accordance with FEMA 119-7-1, and will be removed by FEMA upon termination of this Agreement; and 6) Permit FEMA to make other minor alterations to the Premises such as the installation of signage, which will be removed upon termination of the Agreement. 7) Maintain insurance for liability, and for loss of or damage to the property, arising from the wrongful or negligent acts or omissions of third parties. b. FEMA shall: 1) Maintain the Premises in clean and orderly condition; 2) Surrender the Premises in the same state and condition as it was in at the commencement of FEMA use and occupancy, excepting normal wear and tear, excluding upgrades made in accordance with paragraph 6a(4) above, and including the removal of any items installed in accordance with 6a(5) and (6) above; 3) Provide for any required security or cleaning services under separate contract at FEMA expense; and 4) Permit the Licensor to enter the Premises with approval of the designated FEMA Point of Contact, or as otherwise coordinated for routine entry or shared use, as described in paragraph 3 of this Agreement. 7. Non -Fund Obligating Agreement. Nothing in the Agreement shall authorize FEMA to obligate or transfer any funds in connection with FEMA's use and occupancy of the Premises. Any additional work or activity that would require the transfer of funds or the provision of goods or services among the parties will require execution of a separate agreement and will be contingent upon the availability of appropriated funds. Such activity must be independently authorized by appropriate statutory authority. This Agreement does not provide such authority. 8. Liability. Licensor and the United States each agree to be responsible for the negligent or wrongful acts or omissions of their respective employees arising under this agreement. The parties agree -- 2 22 subject to any limitations imposed by law, rule, or regulation -- to cooperate in good faith to resolve any claims promptly and, whenever appropriate, without litigation. For all claims or suits arising under this agreement, each party's designated legal representatives will, within (7) calendar days of receipt, provide each other's designated legal representatives copies of any documents memorializing such claims. Nothing in this Agreement shall be construed as a waiver of any sovereign immunity of the United States. The Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346 (b), 2671-2680 provides the exclusive monetary damages remedy for allegedly wrongful or negligent acts or omissions by federal employees within the scope of their employment. Nothing in this Agreement shall be construed as a waiver of sovereign immunity by any party to this Agreement 9. Compliance with Applicable Law: The Licensor shall comply with all Federal, State and local laws applicable to the Licensor as owner, or Licensor, or both of the Premises, including, without limitation, laws applicable to construction, ownership, alteration or operation of both or either thereof, and will obtain and maintain all required and permits, licenses and similar items, at no cost to FEMA. United States law will be applied to resolve any dispute or claim. 10. Proper Use of Premises. Licensor warrants that the Premises may be used for the purposes intended by FEMA as described in this Agreement. Nothing in this Agreement shall be construed to create a duty on FEMA to inspect for toxic material or latent environmental conditions which could be affected by FEMA's intended use of the Premises. Any known environmental conditions which could affect FEMA's use of the Premises, known to the Licensor, must be disclosed to FEMA. 11. Integrated Agreement: This Agreement contains the entire agreement of the parties. No agreement outside of this document can alter these provisions. Any changes to this Agreement must be made in writing with the mutual consent of the parties. 12. Points of Contact. a. The FEMA Point of Contact is: Caron Hayes 516-507-0537 b. The Licensor's Point of Contact is: Etta LoPresti 772-226-3856 13. Other Provisions. Nothing in this agreement is intended to conflict with current law or regulations or the directives of DHS/FEMA. If a term of this agreement is inconsistent with any such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 14. Effective Date. The terms of this agreement will become effective on the date of signature of the authority representatives of all parties. 15. Modification. This agreement may be modified upon the mutual written consent of the parties. 23 ro IN WITNESS WHEREOF the parties hereto have executed these presents this day of OC7-08 ee, 2016. BY ATTEST Jeffrey R. Smith Clerk of the Court And Comptroller BY: Deputy Clerk of Court Approved as to form and legal sufficiency: It illiam K. DeBraal Deputy County Attorney FEDERAL EMERGENCY MANAGEMENT AGENCY U —"AMA DI L M 4 By: Joe Della ura External Support Branch Director FEMA -DR -4283 -FL (Hurricane Mathew) Florida State Emergency Operations Center INDIAN RIVER COUNTY, FLORIDA BOARD Q�OUNTY� ISSIONERS BY: Jason E. Brown, County Administrator Pursuant to IRC Code §105.01 Date approved: 24 ATTEST Jeffrey R. Smith Clerk of the Court And Comptroller BY: Deputy Clerk of Court Approved as to form and legal sufficiency: It illiam K. DeBraal Deputy County Attorney FEDERAL EMERGENCY MANAGEMENT AGENCY U —"AMA DI L M 4 By: Joe Della ura External Support Branch Director FEMA -DR -4283 -FL (Hurricane Mathew) Florida State Emergency Operations Center INDIAN RIVER COUNTY, FLORIDA BOARD Q�OUNTY� ISSIONERS BY: Jason E. Brown, County Administrator Pursuant to IRC Code §105.01 Date approved: 24 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127", Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 27, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 21, 2016 to October 27, 2016 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of October 21, 2016 to October 27, 2016. Attachment: 25 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 345843 10/21/2016 BRE-CLEARWATER OWNER LLC 264.00 345844 10/21/2016 STATE ATTORNEY 2,573.09 345845 10/24/2016 MATHESON TRI -GAS INC 12,879.75 345846 10/27/2016 PORT CONSOLIDATED INC 63,393.34 345847 10/27/2016 JORDAN MOWER INC 382.58 345848 10/27/2016 TEN -8 FIRE EQUIPMENT INC 8,549.74 345849 10/27/2016 RANGER CONSTRUCTION IND INC 875.16 345850 10/27/2016 RICOH USA INC 109.27 345851 10/27/2016 RICOH USA INC 1,228.50 345852 10/27/2016 ALARM PARTNERS 134.70 345853 10/27/2016 VELDE FORD INC 424.59 345854 10/27/2016 SAFETY PRODUCTS INC 171.60 345855 10/27/2016 STEWART MATERIALS INC 412.82 345856 10/27/2016 THOMAS P WHITE 165.00 345857 10/27/2016 E -Z BREW COFFEE & BOTTLE WATER SVC 102.91 345858 10/27/2016 GRAINGER 616.10 345859 10/27/2016 KELLY TRACTOR CO 981.92 345860 10/27/2016 AMERIGAS EAGLE PROPANE LP 144.00 345861 10/27/2016 AMERIGAS EAGLE PROPANE LP 271.03 345862 10/27/2016 HACH CO 2,001.65 345863 10/27/2016 PHYSIO CONTROL INC 1,285.20 345864 10/27/2016 NATIONAL FIRE PROTECTION ASSOC 175.00 345865 10/27/2016 BOUND TREE MEDICAL LLC 10,311.77 345866 10/27/2016 TIRESOLES OF BROWARD INC 2,522.42 345867 10/27/2016 CALL ONE INC 458.00 345868 10/27/2016 BARTH CONSTRUCTION INC 112,068.63 345869 10/27/2016 GOODYEAR AUTO SERVICE CENTER 632.48 345870 10/27/2016 BAKER & TAYLOR INC 5,900.25 345871 10/27/2016 BRANDTS APPLIANCE SERVICE INC 89.00 345872 10/27/2016 MIDWEST TAPE LLC 966.67 345873 10/27/2016 MICROMARKETING LLC 24.00 345874 10/27/2016 NEWSBANK INC 9,079.20 345875 10/27/2016 CENGAGE LEARNING CORPORATION 9,406.93 345876 10/27/2016 PENWORTHY COMPANY 989.40 345877 10/27/2016 PAUL CARONE 4,835.00 345878 10/27/2016 GREENE INVESTMENT PARTNERSHIP LTD 3,713.54 345879 10/27/2016 LINDSEY GARDENS LTD 727.00 345880 10/27/2016 PST SERVICES INC 35,892.65 345881 10/27/2016 CLERK OF CIRCUIT COURT 1,170.00 345882 10/27/2016 INDIAN RIVER COUNTY HEALTH DEPT 50,235.75 345883 10/27/2016 INDIAN RIVER COUNTY HEALTH DEPT 1,135.23 345884 10/27/2016 MEDICAL EXAMINERS OFFICE 30,915.91 345885 10/27/2016 VICTIM ASSISTANCE PROGRAM 5,633.75 345886 10/27/2016 ROGER J NICOSIA 731.00 345887 10/27/2016 ROGER J NICOSIA 1,500.00 345888 10/27/2016 CITY OF VERO BEACH 5,954.84 345889 10/27/2016 CITY OF VERO BEACH 12,418.00 345890 10/27/2016 CITY OF VERO BEACH 2,072.78 345891 10/27/2016 CITY OF VERO BEACH 11,700.00 345892 10/27/2016 AMERICAN SOCIETY OF CIVIL ENGINEERS 280.00 345893 10/27/2016 LIVINGSTON PAGE 180.00 345894 10/27/2016 WILBERT SHEPHARD 90.00 345895 10/27/2016 JANITORIAL DEPOT OF AMERICA INC 30.42 345896 10/27/2016 HUMANE SOCIETY 26,010.00 345897 10/27/2016 PUBLIX SUPERMARKETS 11.95 345898 10/27/2016 PUBLIX SUPERMARKETS 90.00 345899 10/27/2016 UNIVERSITY OF FLORIDA 20.00 345900 10/27/2016 UNIVERSITY OF FLORIDA 20.00 26 �-T.»✓✓ 1 /�.//LV 1V -lV-- .-I\1-ll - Ylil\V L1\.11 UuI- LJ•UV 345956 10/27/2016 FLORIDA ASSOC OF HUMAN SRV ADMIN 95.00 345957 10/27/2016 PETER OBRYAN 44.09 345958 10/27/2016 WHEELABRATOR RIDGE ENERGY INC 3,218.10 IAC,"o IA/)7/'7nIA IOUNNV R WITH 200.00 TRANS NBR DATE VENDOR AMOUNT 345901 10/27/2016 UNIVERSITY OF FLORIDA 75.00 345902 10/27/2016 ACUSHNET COMPANY 1,506.40 345903 10/27/2016 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 345904 10/27/2016 AQUAGENIX 446.00 345905 10/27/2016 FEDERAL EXPRESS CORP 9.15 345906 10/27/2016 JOEL V HERMAN 239.06 345907 10/27/2016 TYLER TECHNOLOGIES INC 4,000.00 345908 10/27/2016 CITY OF SEBASTIAN 24,021.58 345909 10/27/2016 TIMOTHY ROSE CONTRACTING INC 10,070.00 345910 10/27/2016 FLORIDA RECREATION & PARK ASSOC INC 160.00 345911 10/27/2016 FLORIDA POWER AND LIGHT 81,412.00 345912 10/27/2016 FLORIDA POWER AND LIGHT 6,778.64 345913 10/27/2016 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 345914 10/27/2016 TAYLOR MADE GOLF CO INC 2,216.29 345915 10/27/2016 CITY OF FELLSMERE 14.49 345916 10/27/2016 US KIDS GOLF LLC 132.20 345917 10/27/2016 HOLDEN KRISS 466.24 345918 10/27/2016 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,000.00 345919 10/27/2016 NATIONAL ASSOC OF COUNTY PARK 90.00 345920 10/27/2016 GERALD A YOUNG SR 285.00 345921 10/27/2016 HENRY SMITH 198.00 345922 10/27/2016 INTERNATIONAL ASSOCIATION OF 120.00 345923 10/27/2016 PITNEY BOWES INC 201.00 345924 10/27/2016 ALAN C KAUFFMANN 500.00 345925 10/27/2016 G K ENVIRONMENTAL INC 4,706.40 345926 10/27/2016 NEW ENGLAND HIST GENEALOGICAL SOC 200.00 345927 10/27/2016 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 132.00 345928 10/27/2016 FLORIDA SHORE & BEACH PRESERVATION 7,000.00 345929 10/27/2016 PINNACLE GROVE LTD 1,138.00 345930 10/27/2016 VERO CLUB PARTNERS LTD 1,818.00 345931 10/27/2016 DAVID SPARKS 388.00 345932 10/27/2016 HOMETOWN NEWS 500.00 345933 10/27/2016 ENVISIONWARE INC 2,184.20 345934 10/27/2016 SUNQUEST INC 500.00 345935 10/27/2016 THE PALMS AT VERO BEACH 1,562.73 345936 10/27/2016 ED SCHLITT LC 3,945.00 345937 10/27/2016 JAMES "CHIP" BOYETTE 46.43 345938 10/27/2016 JOHN OLIVIERA 716.00 345939 10/27/2016 ROBERT L SAMMONS 764.00 345940 10/27/2016 TREASURE COAST MATS 472.00 345941 10/27/2016 ARTHUR PRUETT 409.00 345942 10/27/2016 VAN WAL INC 95.00 345943 10/27/2016 JOSEPH W VASQUEZ 36.00 345944 10/27/2016 FLORIDA RURAL LEGAL SERVICES INC 2,483.90 345945 10/27/2016 JOSEPH LOZADA 570.00 345946 10/27/2016 JOHNS EASTERN COMPANY INC 4,326.54 345947 10/27/2016 MICHAEL JAHOLKOWSKI 547.00 345948 10/27/2016 MBV ENGINEERING INC 9,000.00 345949 10/27/2016 PELICAN ISLES LP 495.00 345950 10/27/2016 BETTY BEATTY-HUNTER 35.00 345951 10/27/2016 GARY L EMBREY 250.00 345952 10/27/2016 LUCY B HENDRICKS 573.00 345953 10/27/2016 LARRY STEPHENS 72.00 345954 10/27/2016 DAYSPRING 250.00 345955 10/27/2016 D&S ENTERPRISES OF VERO BCH LLC 25.00 345956 10/27/2016 FLORIDA ASSOC OF HUMAN SRV ADMIN 95.00 345957 10/27/2016 PETER OBRYAN 44.09 345958 10/27/2016 WHEELABRATOR RIDGE ENERGY INC 3,218.10 345959 10/27/2016 JOHNNY B SMITH 200.00 345960 10/27/2016 CHARLES A WALKER 230.00 27 TRANS NBR DATE VENDOR AMOUNT 345961 10/27/2016 ANDRE DORAWA 644.00 345962 10/27/2016 CEMEX 1,822.00 345963 10/27/2016 BRIAN FREEMAN 27.07 345964 10/27/2016 OLSZEWSKI, JOZEF & EUGENIA 109.01 345965 10/27/2016 MICHAEL KORPAR 60.00 345966 10/27/2016 DOLAN, ROBERT & MARTHA 471.11 345967 10/27/2016 SYLVESTER MC INTOSH 365.00 345968 10/27/2016 PROQUEST LLC 5,290.00 345969 10/27/2016 RENAE CHANDLER 30.00 345970 10/27/2016 SALT OF THE EARTH MINISTRY INC 2,008.07 345971 10/27/2016 K'S COMMERCIAL CLEANING 16,954.08 345972 10/27/2016 PAULA WHIDDON 553.00 345973 10/27/2016 NICOLACE MARKETING INC 3,410.00 345974 10/27/2016 COURTYARD VILLAS OF VERO LLC 560.00 345975 10/27/2016 TRITEL INC 99.00 345976 10/27/2016 THE SPIVEY GROUP INC 10,167.50 345977 10/27/2016 RISING STAR PRODUCTIONS 395.00 345978 10/27/2016 SEASIDE LANDSCAPES INC 1,300.00 345979 10/27/2016 SAID S MOOBARK 390.00 345980 10/27/2016 GARRETT SMITH 216.00 345981 10/27/2016 TAMPA BAY LIBRARY CONSORTIUM 2,000.00 345982 10/27/2016 JAMES W DAVIS 372.00 345983 10/27/2016 NITA EZELL 611.00 345984 10/27/2016 LINDSEY GARDENS 11 LTD 608.00 345985 10/27/2016 HIGHERGROUND INC 37,138.63 345986 10/27/2016 YOUR AQUA INSTRUCTOR LLC 150.00 345987 10/27/2016 JOSEPH CATALANO 80.00 345988 10/27/2016 OVERDRIVE INC 3,303.21 345989 10/27/2016 MISS INC OF THE TREASURE COAST 2,526.00 345990 10/27/2016 RAYMOND J DUCHEMIN 60.00 345991 10/27/2016 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 345992 10/27/2016 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 345993 10/27/2016 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 345994 10/27/2016 CIT FINANCE LLC 186.21 345995 10/27/2016 VERO BEACH INVESTMENTS LLC 500.00 345996 10/27/2016 DANIEL CORY MARTIN 1,708.00 345997 10/27/2016 CRAIG LOPES 392.00 345998 10/27/2016 ALAN JAY CHEVROLET CADILLAC 26,657.00 345999 10/27/2016 HEATHER HATTON 50.00 346000 10/27/2016 GFA INTERNATIONAL INC 2,020.00 346001 10/27/2016 PAULA ROGERS & ASSOCIATES INC 650.00 346002 10/27/2016 MOORE MOTORS INC 117.02 346003 10/27/2016 FIVE STAR PROPERTY HOLDING LLC 847.00 346004 10/27/2016 EDUCATIONAL MEDIA AGENCY 6,660.68 346005 10/27/2016 TIM ZORC 171.18 346006 10/27/2016 LOWES HOME CENTERS INC 4,555.60 346007 10/27/2016 CARDINAL HEALTH 110 INC 96.15 346008 10/27/2016 ALEX MIKLO 220.00 346009 10/27/2016 PENGUIN RANDOM HOUSE LLC 131.25 346010 10/27/2016 CARMEN LEWIS 18.00 346011 10/27/2016 STRAIGHT OAK LLC 195.55 346012 10/27/2016 CALDWELL PACETTI EDWARDS 2,205.00 346013 10/27/2016 MARK BAER 730.00 346014 10/27/2016 MARK BAER 10,580.00 346015 10/27/2016 KANSAS STATE BANK OF MANHATTAN 1,167.37 346016 10/27/2016 C E R SIGNATURE CLEANING 850.00 346017 10/27/2016 BSN SPORTS INC 1,911.45 346018 10/27/2016 WADE WILSON 420.00 346019 10/27/2016 ROBERT J GORMAN 424.00 346020 10/27/2016 JUAN CHAVES 700.00 28 TRANS NBR DATE VENDOR AMOUNT 346021 10/27/2016 REID REALTY 506.00 346022 10/27/2016 BRYAN CAVE LLP 51,429.77 346023 10/27/2016 INTEGRITY LAWNS LLC 1,750.00 346024 10/27/2016 MELISSA CAMARATA 641.00 346025 10/27/2016 eMAINT ENTERPRISES LLC 3,060.00 346026 10/27/2016 RONALD NICHELSON 60.00 346027 10/27/2016 FOUNDATION FOR AFFORDABLE RENTAL 421.00 346028 10/27/2016 MASCHMEYER CONCRETE COMPANY OF FLORIDA 549.45 346029 10/27/2016 IMAGE ACCESS INC 1,505.00 346030 10/27/2016 RELIANT FIRE SYSTEMS INC 45.00 346031 10/27/2016 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 346032 10/27/2016 HAWKINS INC 1,015.00 346033 10/27/2016 AUGUSTUS B FORT JR 581.00 346034 10/27/2016 JOSEPH DIZONNO 60.00 346035 10/27/2016 KENDRA COPE 16.75 346036 10/27/2016 REBECCA MITCHELL 267.06 346037 10/27/2016 GENUINE PARTS COMPANY 171.74 346038 10/27/2016 UNIFIRST CORPORATION 778.15 346039 10/27/2016 UNIFIRST CORPORATION 93.42 346040 10/27/2016 H&H SHADOWBROOK LLC 568.00 346041 10/27/2016 HUMAYUN SHAREEF 900.00 346042 10/27/2016 ADVANCE STORES COMPANY INCORPORATED 1,854.32 346043 10/27/2016 EGP DOCUMENT SOLUTIONS LLC 2,089.62 346044 10/27/2016 WURTH USA INC 79.84 346045 10/27/2016 RUSSELL L OWEN III 180.00 346046 10/27/2016 STEPHANIE FONVIELLE 25.00 346047 10/27/2016 ICIKULS INC 217.06 346048 10/27/2016 ROCCO CAVALLO 140.00 346049 10/27/2016 NKW-CL LLC 2,211.00 346050 10/27/2016 VERO BEACH PLACE LLC 4,441.00 346051 10/27/2016 AC VETERINARY SPECIALTY SERVICES 265.94 346052 10/27/2016 EDWARD ILLIDGE 40.00 346053 10/27/2016 WEDGEWOOD RENTALS LLC 750.00 346054 10/27/2016 GNS REAL ESTATE HOLDINGS LLC 1,607.00 346055 10/27/2016 COALITION FOR ATTAINABLE HOMES INC 833.00 346056 10/27/2016 HELPING HANDS REAL ESTATE & INVESTMENT CO 1,275.00 346057 10/27/2016 BIBLIOTHECA LLC 4,028.00 346058 10/27/2016 EURMAX CANOPY INC 1,134.00 346059 10/27/2016 ALIX DENAEAU 478.00 346060 10/27/2016 JOHN K GERRATO 511.00 346061 10/27/2016 1135 RENTALS LLC 491.00 346062 10/27/2016 STEVEN J BERGAMINO 750.00 346063 10/27/2016 KEITH ADAMS 260.00 346064 10/27/2016 DEANA HARDEN 400.00 346065 10/27/2016 GLEN LARSON 75.00 346066 10/27/2016 MEDICAL HOTSPOTS INC 90.00 346067 10/27/2016 STARLEEN SCHAFFER 90.00 346068 10/27/2016 MELANIE KENDRICK 40.00 346069 10/27/2016 JENNIFER SHEDRICK 35.00 346070 10/27/2016 KR.ISTINA BERRYMAN 45.00 346071 10/27/2016 WILLIAM HERRERA 500.00 346072 10/27/2016 ROBERT O RICHARDSON 120.00 346073 10/27/2016 JENNIFER LEWIS 35.00 346074 10/27/2016 24 HOURLANDLORD LLC 400.00 Grand Total: 968,242.65 29 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1009981 10/21/2016 AT&T 244.77 1009982 10/21/2016 OFFICE DEPOT BSD CUSTOMER SVC 307.86 1009983 10/21/2016 CALLAWAY GOLF SALES COMPANY 8,138.54 1009984 10/21/2016 WASTE MANAGEMENT INC 1,249.45 1009985 10/21/2016 COMCAST 81.99 1009986 10/21/2016 WHEELABRATOR RIDGE ENERGY INC 0.00 1009987 10/21/2016 T -MOBILE USA INC 612.00 1009988 10/24/2016 COPYCOINC 54.90 1009989 10/24/2016 HENRY SCHEIN INC 4,208.10 1009990 10/24/2016 COLD AIR DISTRIBUTORS WAREHOUSE 27.46 1009991 10/24/2016 INDIAN RIVER BATTERY 1,708.65 1009992 10/24/2016 INDIAN RIVER OXYGEN INC 96.00 1009993 10/24/2016 DEMCOINC 404.31 1009994 10/24/2016 APPLE INDUSTRIAL SUPPLY CO 22.08 1009995 10/24/2016 CENTER POINT INC 11,892.66 1009996 10/24/2016 ABCO GARAGE DOOR CO INC 235.50 1009997 10/24/2016 ALLIED UNIVERSAL CORP 7,166.41 1009998 10/24/2016 THE EXPEDITER 130.75 1009999 10/24/2016 SOUTHERN COMPUTER WAREHOUSE 902.80 1010000 10/24/2016 COMMERCIAL ENERGY SPECIALISTS 268.00 1010001 10/24/2016 COMO OIL COMPANY OF FLORIDA 35.00 1010002 10/24/2016 BARKER ELECTRIC, AIR CONDITIONING 85.00 1010003 10/24/2016 MIDWEST MOTOR SUPPLY CO 646.79 1010004 10/24/2016 SYNAGRO-WWT INC 39,743.34 1010005 10/24/2016 COPYTRONICS INC 1,281.41 1010006 10/24/2016 CAPITAL OFFICE PRODUCTS 420.92 1010007 10/24/2016 HARCROS CHEMICALS, INC. 1,181.04 1010008 10/24/2016 BENNETT AUTO SUPPLY INC 549.52 1010009 10/24/2016 AUTO PARTNERS LLC 147.70 1010010 10/24/2016 L&L DISTRIBUTORS 2,934.99 1010011 10/24/2016 PACE ANALYTICAL SERVICES INC 7,850.00 1010012 10/24/2016 NEXAIR LLC 807.74 1010013 10/25/2016 AT&T 5,079.59 1010014 10/25/2016 OFFICE DEPOT BSD CUSTOMER SVC 577.46 1010015 10/25/2016 WASTE MANAGEMENT INC 1,357.78 1010016 10/27/2016 DAVES SPORTING GOODS & TROPHIES 2,434.18 1010017 10/27/2016 NEWMANS POWER SYSTEMS 1,551.80 1010018 10/27/2016 ROGER CLEVELAND GOLF INC 7,976.23 1010019 10/27/2016 SYNAGRO-WWT INC 35,085.55 1010020 10/27/2016 METRO FIRE PROTECTION SERVICES INC 134.10 1010021 10/27/2016 PACE ANALYTICAL SERVICES INC 524.00 1010022 10/27/2016 ALLIED DIVERSIFIED OF VERO BEACH LLC 45.00 1010023 10/27/2016 NEXAIR LLC 79.05 1010024 10/27/2016 AT&T 5,817.67 1010025 10/27/2016 OFFICE DEPOT BSD CUSTOMER SVC 1,037.55 1010026 10/27/2016 WASTE MANAGEMENT INC 407.28 1010027 10/27/2016 COMCAST 104.85 Grand Total: 155,647.77 30 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4665 10/21/2016 SCHOOL DISTRICT OF I R COUNTY 8,510.00 4666 10/21/2016 VETERANS COUNCIL OF I R C 2,309.03 4667 10/21/2016 CDM SMITH INC 4,912.80 4668 10/21/2016 INDIAN RIVER COUNTY SHERIFF 30.00 4669 10/21/2016 INEOS NEW PLANET BIOENERGY LLC 61,617.44 4670 10/21/2016 NACO/SOUTHEAST 24,767.44 4671 10/21/2016 NACO/SOUTHEAST 973.21 4672 10/21/2016 ICMA RETIREMENT CORPORATION 2,645.00 4673 10/21/2016 ICMA RETIREMENT CORPORATION 12,457.08 4674 10/21/2016 TEAMSTERS LOCAL UNION #769 5,224.00 4675 10/21/2016 FLORIDA LEAGUE OF CITIES, INC 5,210.16 4676 10/21/2016 IRC FIRE FIGHTERS ASSOC 7,110.00 4677 10/21/2016 FL SDU 5,035.63 4678 10/21/2016 INDIAN RIVER COUNTY SHERIFF 221.20 4679 10/24/2016 FLORIDA DEPARTMENT OF BUSINESS AND 10,584.96 4680 10/24/2016 IRS -PAYROLL TAXES 447,428.01 4681 10/26/2016 IRS -PAYROLL TAXES 393.54 4682 10/27/2016 SENIOR RESOURCE ASSOCIATION 556,543.92 4683 10/27/2016 INDIAN RIVER COUNTY PROPERTY APPRAISER 256,250.49 4684 10/27/2016 BENEFITS WORKSHOP 11,139.24 4685 10/27/2016 BENEFITS WORKSHOP 1,869.12 4686 10/27/2016 BENEFITS WORKSHOP 12,103.19 Grand Total: 1,437,335.46 31 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27h Street Vero Beach, FL 32960 Telephone: (772) 226-1945 CPA, CGFO, CGMA TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: October 28, 2016 SUBJECT: Quarterly Investment Report for Quarter Ending 09/30/2016 BACKGROUND 'Coulf I CO Attached to this memorandum is the composition of the investment portfolio and investment earnings for the fourth quarter of this fiscal year. This report was reviewed by our investment advisory committee on October 27, 2016. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. Indian River County Apw04pd Date Administrator County Attorney Budget Department Risk Mana ement 32 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 Indian River County Investment Advisory Committee Quarterly Investment Report July 1, 2016 through September 30, 2016 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Internal Auditor, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David W. Griffis, Senior Vice President with Northern Trust Bank of Florida; Ted Libby, Senior Portfolio Manager with Cypress Capital Group; Andy Beindorf, Market President of National Bank of Commerce. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Florida Local Government Investment Trust (FLGIT), Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.01, Certificates of Deposit (CDs), Money Market Funds, Repurchase Agreements. BOND PROCEEDS INVESTMENT The current bond reserve is placed with Bank of New York/Mellon and is currently invested in treasury notes. 33 INVESTMENT ACTIVITY As of September 30, 2016 the investments portfolio book value was $297,618,467 with a market value of $297,988,722. Of the $297,618,467, portfolio total, $278,098,991 $ 60,034,708 Special revenue projects $ 3,232,895 Debt payments for county bonds $ 70,658,887 Capital projects $ 141,050,540 Business -type activities $ 3,121,961 Escrow Funds 3i l /8,U98,991 1'W AL is restricted for the following purposes: RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Escrow Special Revenue Business - Type 49% Capital Projects 25% Debt service 1% The weighted average maturity of the investments as of September 30, 2016 is 12 months. Yields on the individual investments ranged from 0.33% to 1.125%. The overall average yield for the quarter was 0.61 %. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending September 30, 2016: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) 34 35 1oft Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type September 30, 2016 09/30/16 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % FFCB Callable 3133EFKM8 0.710% 10/20/15 10/20/17 1.05 0.710% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EFZR19 0.8DO% 02/12/16 02/12/18 1.37 0.800% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EFMU8 0.950% 02/11/18 05/02/18 1.59 0.950% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EGUX1 0.940% 09/20/16 06/20/18 1.72 0.940% $ 2,000,000.00 $ 2,000,000.00 FFCB -1X Call 3133EGMQ5 0.880% 07/18/16 07/18/18 1.80 0.880% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EGTH8 1.030% 09/06/16 09/06/18 1.93 1.030% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EGFX8 1.010% 06/20/16 09/20/18 1.97 1.010% $ 2,000,000.00 $ 2,000,000.00 $ 14,000,000.00 $ 14,000,000.00 4.78% FHLB Disc 313385CG93 0.630% 03/02/16 02/24/17 0.40 0.634% $ 3,000,000.00 $ 2,981,152.50 FHLB Disc 313385FL51 0.640% 05/18/16 05/11/17 0.61 0.644% $ 1,700,000.00 $ 1,689,180.44 FHLB Disc 313385HY5 0.060% 07/13/16 07/10/17 0.78 0.604% $ 2,000,000.00 $ 1,987,933.33 FHLB Disc 3133851N7 0.540% 09/01/16 07/24/17 0.81 0.547% $ 2,000,000.00 $ 1,990,220.00 FHLB Bullet 313OA8YV9 0.625% 08/08/16 08/08/17 0.85 0.625% $ 3,000,000.00 $ 3,000,000.00 FHLB Disc 313385KL9 0.520% 08/18/16 08/15/17 0.87 0.529% $ 3,000,000.00 $ 2,984,313.33 FHLB Bullet 313OA6LZ8 0.625% 01/20/16 10/26/17 1.07 0.858% $ 2,000,000.00 $ 1,991,780.00 FHLB Callable 313OA7DB8 1.000% 02/26/18 06/04/18 1.68 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313OA8PZO 0.840% 07/12/16 07/12/18 1.78 0.840% $ 2,000,000.00 $ 2,000,000.00 FHLB Bullet 313OA8PK3 0.625% 07/14/16 08/07/18 1.85 0.770% $ 2,000,000.00 $ 1,994,000.00 FHLB Callable 313OA9C90 1.050% 09/28/16 09/28/18 1.99 1.050% $ 3,000,000.00 $ 3,000,000.00 $ 26,700,000.00 $ 26,618,579.60 9.10% FHLMC Disc 313396192 0.400% 11/05/15 10/25/16 0.07 0.408% $ 2,000,000.00 $ 1,992,111.11 FHLMC Disc 313396N66 0.645% 12/15/15 11/07/16 0.10 0.657% $ 3,000,000.00 $ 2,982,370.00 FHLMC Disc 313397859 0.525% 02/22/16 02/10/17 0.36 0.526% $ 2,000,000.00 $ 1,989,675.00 FHLMC Disc 313397CT6 0.650% 03/14/16 03/07/17 0.43 0.662% $ 2,000,000.00 $ 1,987,072.22 FHLMC Disc 313397DL2 0.570% 03/28/16 03/24/17 0.48 0.573% $ 3,000,000.00 $ 2,982,852.50 FHLMC Disc 313397GA3 0.645% 05/31/16 05/25/17 0.65 0.649% $ 3,000,000.00 $ 2,980,703.75 FHLMC Disc 313397GR6 0.450% 06/29/16 06/09/17 0.69 0.452% $ 2,000,000.00 $ 1,991,375.00 FHLMC Disc 313397HR5 0.580% 07/27/16 07/03/17 0.76 0.583% $ 3,000,000.00 $ 2,983,518.33 FHLMC -1X Call 3134G62Q5 0.850% 05/29/15 08/25/17 0.90 0.850% $ 2,000,000.00 $ 2,000,000.00 FHLMC- 1X Call 3134G7WZO 0.900% 09/15/15 09/15/17 0.96 0.900% $ 2,000,000.00 $ 2,000,000.00 FHLMC Bullet 3137EADN69 0.750% 03/02/16 01/12/18 1.28 0.886% $ 3,000,000.00 $ 2,992,500.00 FHLMC 3137EADP1 0.875% 03/17/16 03/07/18 1.43 0.875% $ 2,000,000.00 $ 1,994,380.00 FHLMC Bullet 3137EAEA3 0.750% 05/17/16 04/09/18 1.52 0.868% $ 3,000,000.00 $ 2,993,619.00 FHLMC Callable 3134G9JDO 1.000% 05/11/16 05/11/18 1.61 1.000% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G9KUO 1.000% 06/01/16 05/25/18 1.65 1.000% $ 3,000,000.00 $ 2,997,600.00 FHLMC Callable 3134GADR2 1.010% 08/30/16 08/28/18 1.91 1.010% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G9B15 1.125% 04/29/16 10/29/18 2.08 1.125% $ 2,000,000.00 $ 2,000,000.00 $ 41,000,000.00 $ 40,867,776.91 13.97% FNMA Disc 313588/48 0.385% 11/17/15 10/04/16 0.01 0.386% $ 2,000,000.00 $ 1,993,112.78 FNMA Disc 3135881<38 0.330% 10/27/15 10/11/16 0.03 0.331% $ 2,000,000.00 $ 1,993,583.40 FNMA Disc 313588L29 0.330% 11/02/15 10/18/16 0.05 0.331% $ 2,000,000.00 $ 1,993,565.00 FNMA Disc 313589DWO5 0.520% 05/04/16 04/03/17 0.51 0.523% $ 2,000,000.00 $ 1,990,351.11 FNMA Disc 313589ED15 0.520% 05/04/16 D4/10/17 0.53 0.523% $ 2,000,000.00 $ 1,990,148.89 FNMA Disc 313589FT5 0.660% 05/31/16 05/18/17 0.63 0.664% $ 3,000,000.00 $ 2,980,640.01 FNMA Disc 313589HE6 0.500% 07/08/16 D6/22/17 0.73 0.502% $ 3,000,000.00 $ 2,985,458.34 FNMA Disc 313589/1`1 0.550% 09/01/16 07/17/17 0.79 0.553% $ 2,000,000.00 $ 1,990,252.78 FNMA Bullet 3135GOTG8 0.875% 01/20/16 02/08/18 1.36 0.917% $ 2,000,000.00 $ 1,997,800.00 $ 20,000,000.00 $ 19,914,912.31 6.81% Treasury Note 912828F88 0.375% 12/05/14 10/31/16 0.08 0.430% $ 3,000,000.00 $ 2,997,030.00 Treasury Note 9128281`88 0.375% 12/05/14 10/31/16 0.08 0.574% $ 2,000,000.00 $ 1,992,500.00 Treasury Note 912828WF3 0.625% 12/15/15 11/15/16 0.13 0.719% $ 3,000,000.00 $ 2,997,421.88 Treasury Note 912828B74 0.625% 12/04/14 02/15/17 0.38 0.650% $ 3,000,000.00 $ 2,997,656.25 Treasury Note 912828/35 0.500% 11/05/15 02/28/17 0.41 0.619% $ 2,000,000.00 $ 1,996,875.00 Treasury Note 912828/35 0.500% 09/16/15 02/28/17 0.41 0.636% $ 3,000,000.00 $ 2,994,120.00 Treasury Note 912828032 0.750% 11/30/15 03/15/17 0.45 0.750% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828/92 0.500% 11/05/15 03/31/17 0.50 0.623% $ 3,000,000.00 $ 2,994,843.75 Treasury Note 912828192 0.500% 04/30/15 03/31/17 0.50 0.574% $ 2,000,000.00 $ 1,997,187.50 Treasury Note 912828073 0.875% 12/16/15 04/15/17 0.54 0.883% $ 2,000,000.00 $ 1,999,780.00 Treasury Note 912828K66 0.500% 11/30/15 04/30/17 0.58 0.766% $ 2,000,000.00 $ 1,992,500.00 Treasury Note 9128281<66 0.500% 04/30/15 04/30/17 0.58 0.594% $ 3,000,000.00 $ 2,994,375.00 Treasury Note 9128285Y7 0.625% 11/30/15 05/31/17 0.67 0.793% $ 2,000,000.00 $ 1,995,000.00 Treasury Note 9128285Y7 0.625% 09/02/15 05/31/17 0.67 0.657% $ 3,000,000.00 $ 2,998,350.00 35 1oft Restricted Cash -Bond Covenants (held by BNY/Mellon) Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve $0.00 Treasury Note 912828G46 0.500% 12/01/14 11/30/16 Schedule 1 $1,030,504.70 Treasury Note 912828XJ4 0.625°% 06/30/15 06/30/17 0.75 0.688°% $1,600,000.00 $1,600,128.00 Treasury Note 912828R93 0.625°% 06/30/16 06/30/18 1.75 0.745% $1,480,000.00 $1,476,758.80 Total Restricted Cash - adjusted for fair market value Indian River County, Florida Board of County Commissioners Investments By Type September 30, 2016 09/30/16 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Treasury Note 912828WP1 0.875% 12/16/15 06/15/17 0.71 0.916% $ 2,000,000.00 $ 1,998,820.00 Treasury Note 912828X14 0.625% 11/30/15 06/30/17 0.75 0.840% $ 2,000,000.00 $ 1,994,062.50 Treasury Note 912828X14 0.625% 09/02/15 06/30/17 0.75 0.668% $ 3,000,000.00 $ 2,997,630.00 Treasury Note 912828TGS 0.050% 01/20/15 07/31/17 0.83 0.678% $ 3,000,000.00 $ 2,986,640.63 Treasury Note 912828TM2 0.625% 08/14/15 08/31/17 0.92 0.770% $ 2,000,000.00 $ 1,994,160.00 Treasury Note 912828TM2 0.625% 01/20/15 08/31/17 0.92 0.710% $ 3,000,000.00 $ 2,993,437.50 Treasury Note 912828T59 0.625% 04/29/16 09/30/17 1.00 0.662% $ 2,000,000.00 $ 1,998,980.00 Treasury Note 912828TS9 0.625% 09/16/15 09/30/17 1.00 0.819% $ 3,000,000.00 $ 2,988,281.25 Treasury Note 9128281`54 0.875% 11/30/15 10/15/17 1.04 0.894% $ 3,000,000.00 $ 2,999,531.25 Treasury Note 912828UR9 0.750% 03/31/16 02/28/18 1.41 0.750% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828UR9 0.750% 12/04/15 02/28/18 1.41 1.004% $ 3,000,000.00 $ 2,983,140.00 Treasury Note 912828/68 1.000% 12/04/15 03/15/18 1.45 1.056% $ 3,000,000.00 $ 2,996,250.00 Treasury Note 912828UU2 0.750% 03/31/16 03/31/18 1.50 0.752% $ 2,000,000.00 $ 1,999,900.00 Treasury Note 9128281JU2 0.750% 12/04/15 03/31/18 1.50 1.051% $ 3,000,000.00 $ 2,979,390.00 Treasury Note 912828K25 0.750% 12/07/15 04/15/18 1.54 1.071% $ 3,000,000.00 $ 2,977,710.00 Treasury Note 912828UZ1 0.625% 03/31/16 04/30/18 1.58 0.769% $ 2,000,000.00 $ 1,994,060.00 Treasury Note 912828UZ1 0.625% 02/18/16 04/30/18 1.58 0.780% $ 3,000,000.00 $ 2,989,882.50 Treasury Note 912828XA3 1.000% 11/30/15 05/15/18 1.62 1.091% $ 3,000,000.00 $ 2,993,430.00 $ 82,000,000.00 $ 81,812,945.01 27.96% Regions Bank Money Market $28,234,967.36 9.65% TD Bank Money Market $22,158,875.96 7.57% BankUnited Money Market $28,311,038.74 9.68% Harbor Community Bank CD 0.850% 02/04/16 02/04/18 1.35 $3,068,733.95 1.05% Oculina Bank CD 0.880% 05/11/15 05/11/17 0.61 $1,012,367.27 0.35% TD Bank CD 0.880°% 05/05/15 05/05/17 0.59 $6,074,825.92 2.08% National Bank of Commerce CD 0.600% 05/11/16 05/11/17 0.61 $6,050,345.83 2.07°% Oculina Bank CD 0.880% 04/23/16 04/26/18 1.57 $2,007,582.03 0.69% Total General Cash & Equivalents $280,132,950.89 Restricted Cash - Landfill FACC--Florida Local Govt Investment Trust -Landfill Closure & Postclosure Reserves - adjusted for fair mkt value $ 12,467,717.96 4.24% Total Pooled Cash & Equivalents $292,600,668.85 100.00°% Restricted Cash - Health Insurance Wells Fargo - BCBS Claims Account $826,407.01 Citibank - BCBS Imprest Acct $84,000.00 Total Restricted Cash - Health Insurance $910,407.01 Restricted Cash -Bond Covenants (held by BNY/Mellon) Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve $0.00 Treasury Note 912828G46 0.500% 12/01/14 11/30/16 0.17 0.530°% $1,030,000.00 $1,030,504.70 Treasury Note 912828XJ4 0.625°% 06/30/15 06/30/17 0.75 0.688°% $1,600,000.00 $1,600,128.00 Treasury Note 912828R93 0.625°% 06/30/16 06/30/18 1.75 0.745% $1,480,000.00 $1,476,758.80 Total Restricted Cash - adjusted for fair market value $4,107,391.50 Total Portfolio Note: See separate investment report for OPEB funds. $297,618,467.36 36 2of2 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date September 30, 2016 06/30/16 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FNMA Disc 313588/48 0.385% 11/17/15 10/04/16 0.01 0.386% $ 2,000,000.00 $ 1,993,112.78 FNMA Disc 313588K38 0.330% 10/27/15 10/11/16 0.03 0.331% $ 2,000,000.00 $ 1,993,583.40 FNMA Disc 3135881-29 0.330% 11/02/15 10/18/16 0.05 0.331% $ 2,000,000.00 $ 1,993,565.00 FHLMC Disc 3133961-92 0.400% 11/05/15 10/25/16 0.07 0.408% $ 2,000,000.00 $ 1,992,111.11 Treasury Note 9128281788 0.375% 01/15/15 10/31/16 0.08 0.431% $ 3,000,000.00 $ 2,997,030.00 Treasury Note 9128281`88 0.375% 12/05/14 10/31/16 0.08 0.574% $ 2,000,000.00 $ 1,992,500.00 $ 13,000,000.00 FHLMC Disc 313396N66 0.645% 12/15/15 11/07/16 0.10 0.657% $ 3,000,000.00 $ 2,982,370.00 Treasury Note 912828WF3 0.625% 12/15/15 11/15/16 0.13 0.719% $ 3,000,000.00 $ 2,997,421.88 $ 6,000,000.00 FHLMC Disc 313397BS9 0.525% 02/22/16 02/10/17 0.36 0.526% $ 2,000,000.00 $ 1,989,675.00 Treasury Note 912828874 0.625% 12/04/14 02/15/17 0.38 0.650% $ 3,000,000.00 $ 2,997,656.25 FHLB Disc 313385CG93 0.630% 03/02/16 02/24/17 0.40 0.634% $ 3,000,000.00 $ 2,981,152.50 Treasury Note 912828J35 0.500% 11/05/15 02/28/17 0.41 0.619% $ 2,000,000.00 $ 1,996,875.00 Treasury Note 912828/35 0.500% 09/16/15 02/28/17 0.41 0.636% $ 3,000,000.00 $ 2,994,120.00 $ 13,000,000.00 FHLMC Disc 313397CT6 0.650% 03/14/16 03/07/17 0.43 0.662% $ 2,000,000.00 $ 1,987,072.22 Treasury Note 912828C32 0.750% 11/30/15 03/15/17 0.45 0.750% $ 2,000,000.00 $ 2,000,000.00 FHLMC Disc 313397DL2 0.570% 03/28/16 03/24/17 0.48 0.573% $ 3,000,000.00 $ 2,982,852.50 Treasury Note 912828/92 0.500% 11/05/15 03/31/17 0.50 0.623% $ 3,000,000.00 $ 2,994,843.75 Treasury Note 912828/92 0.500% 04/30/15 03/31/17 0.50 0.574% $ 2,000,000.00 $ 1,997,187.50 $ 12,000,000.00 FNMA Disc 313589DW05 0.520% 05/04/16 04/03/17 0.51 0.523% $ 2,000,000.00 $ 1,990,351.11 FNMA Disc 313589ED15 0.520% 05/04/16 04/10/17 0.53 0.523% $ 2,000,000.00 $ 1,990,148.89 Treasury Note 912828C73 0.875% 12/16/15 04/15/17 0.54 0.883% $ 2,000,000.00 $ 1,999,780.00 Treasury Note 912828K66 0.500% 11/30/15 04/30/17 0.58 0.766% $ 2,000,000.00 $ 1,992,500.00 Treasury Note 912828K66 0.500% 04/30/15 04/30/17 0.58 0.594% $ 3,000,000.00 $ 2,994,375.00 $ 11,000,000.00 FHLB Disc 313385FL51 0.640% 05/18/16 05/11/17 0.61 0.644% $ 1,700,000.00 $ 1,689,180.44 FNMA Disc 313589FT5 0.660% 05/31/16 05/18/17 0.63 0.664% $ 3,000,000.00 $ 2,980,640.01 FHLMC Disc 313397GA3 0.645% 05/31/16 05/25/17 0.65 0.649% $ 3,000,000.00 $ 2,980,703.75 Treasury Note 912828SY7 0.625% 11/30/15 05/31/17 0.67 0.793% $ 2,000,000.00 $ 1,995,000.00 Treasury Note 912828SY7 0.625% 09/02/15 05/31/17 0.67 0.657% $ 3,000,000.00 $ 2,998,350.00 $ 12,700,000.00 FHLMC Disc 313397GR6 0.450% 06/29/16 06/09/17 0.69 0.452% $ 2,000,000.00 $ 1,991,375.00 Treasury Note 912828WP1 0.875% 12/16/15 06/15/17 0.71 0.916% $ 2,000,000.00 $ 1,998,820.00 FNMA Disc 313589HE6 0.500% 07/08/16 06/22/17 0.73 0.502% $ 3,000,000.00 $ 2,985,458.34 Treasury Note 912828XJ4 0.625% 11/30/15 06/30/17 0.75 0.840% $ 2,000,000.00 $ 1,994,062.50 Treasury Note 912828XJ4 0.625% 09/02/15 06/30/17 0.75 0.668% $ 3,000,000.00 $ 2,997,630.00 $ 12,000,000.00 FHLMC Disc 313397HR5 0.580% 07/27/16 07/03/17 0.76 0.580% $ 3,000,000.00 $ 2,983,518.33 FHLB Disc 313385HY5 0.600% 07/13/16 07/10/17 0.78 0.604% $ 2,000,000.00 $ 1,987,933.33 FNMA Disc 313589JF1 0.550% 09/01/16 07/17/17 0.79 0.553% $ 2,000,000.00 $ 1,990,252.78 FHLB Disc 3133851N7 0.540% 09/01/16 07/24/17 0.81 0.547% $ 2,000,000.00 $ 1,990,220.00 Treasury Note 912828TG5 0.500% 01/20/15 07/31/17 0.83 0.678% $ 3,000,000.00 $ 2,986,640.63 $ 12,000,000.00 FHLB Bullet 3130A8YV9 0.625% 08/08/16 08/08/17 0.85 0.625% $ 3,000,000.00 $ 3,000,000.00 FHLB Disc 313385KL9 0.520% 08/18/16 08/15/17 0.87 0.529% $ 3,000,000.00 $ 2,984,313.33 FHLMC - 1X Call 3134G62Ct5 0.850% 05/29/15 08/25/17 0.90 0.850% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828TM2 0.625% 08/14/15 08/31/17 0.92 0.770% $ 2,000,000.00 $ 1,994,160.00 Treasury Note 912828TM2 0.625% 01/20/15 08/31/17 0.92 0.710% $ 3,000,000.00 $ 2,993,437.50 $ 13,000,000.00 FHLMC- 1X Call 3134G7WZ0 0.900% 09/15/15 09/15/17 0.96 0.900% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828759 0.625% 04/29/16 09/30/17 1.00 0.662% $ 2,000,000.00 $ 1,998,980.00 Treasury Note 912828TS9 0.625% 09/16/15 09/30/17 1.00 0.819% $ 3,000,000.00 $ 2,988,281.25 7,000,000.00 Treasury Note 912828F54 0.875% 11/30/15 10/15/17 1.04 0.894% $ 3,000,000.00 $ 2,999,531.25 FFCB Callable 3133EFKM8 0.710% 10/20/15 10/20/17 1.05 0.710% $ 2,000,000.00 $ 2,000,000.00 FHLB Bullet 3130A6LZ8 0.625% 01/20/16 10/26/17 1.07 0.858% $ 2,000,000.00 $ 1,991,780.00 $ 7,000,000.00 FHLMC Bullet 3137EADN69 0.750% 03/02/16 01/12/18 1.28 0.886% $ 3,000,000.00 $ 2,992,500.00 3,000,000.00 FNMA Bullet 3135GOTGB 0.875% 01/20/16 02/08/18 1.36 0.917% $ 2,000,000.00 $ 1,997,800.00 FFCB Bullet 3133EFZR19 0.800% 02/12/16 02/12/18 1.37 0.800% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828UR9 0.750% 03/31/16 02/28/18 1.41 0.750% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828UR9 0.750% 12/04/15 02/28/18 1.41 1.004% $ 3,000,000.00 $ 2,983,140.00 $ 9,000,000.00 FHLMC 3137EADP1 0.875% 03/17/16 03/07/18 1.43 0.875% $ 2,000,000.00 $ 1,994,380.00 Treasury Note 912828168 1.000% 12/04/15 03/15/18 1.45 1.056% $ 3,000,000.00 $ 2,996,250.00 Treasury Note 9128281JU2 0.750% 03/31/16 03/31/18 1.50 1.051% $ 2,000,000.00 $ 1,999,900.00 Treasury Note 912828UU2 0.750% 12/04/15 03/31/18 1.50 1.051% $ 3,000,000.00 $ 2,979,390.00 $ 10,000,000.00 FHLMC Bullet 3137EAEA3 0.750% 05/17/16 04/09/18 1.52 0.868% $ 3,000,000.00 $ 2,993,619.00 Treasury Note 912828K25 0.750% 12/07/15 04/15/18 1.54 1.071% $ 3,000,000.00 $ 2,977,710.00 Treasury Note 912828UZ1 0.625% 03/31/16 04/30/18 1.58 0.769% $ 2,000,000.00 $ 1,994,060.00 Treasury Note 912828UZ1 0.625% 02/18/16 04/30/18 1.58 0.780% $ 3,000,000.00 $ 2,989,882.50 $ 11,000,000.00 FFCB Callable 3133EFMU8 0.950% 02/11/16 05/02/18 1.59 0.950% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G9JD0 1.000% 05/11/16 05/11/18 1.61 1.000% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828XA3 1.000% 11/30/15 05/15/18 1.62 1.091% $ 3,000,000.00 $ 2,993,430.00 FHLMC Callable 3134G9KU0 1.000% 06/02/16 05/25/18 1.65 1.000% $ 3,000,000.00 $ 2,997,600.00 $ 10,000,000.00 FHLB Callable 3130A7DB8 1.000% 02/28/16 06/04/18 1.68 1.000% $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EGUX1 0.940% 09/20/16 06/20/18 1.72 0.940% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A8PZ0 0.840% 07/12/16 07/12/18 1.78 0.840% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EGMCL5 0.880% 07/18/16 07/18/18 1.80 0.880% $ 2,000,000.00 $ 2,000,000.00 $ 6,000,000.00 FHLB Bullet 3130A8PK3 0.880% 07/15/16 08/07/18 1.85 0.770% $ 2,000,000.00 $ 1,994,000.00 37 FHLMC Callable 3134GADR2 1.010% 08/30/16 08/28/18 1)9bf 2 1.010% $ 2,000,000.00 $ 2,000,000.00 $ 4,000,000.00 Total Portfolio Note: See separate investment report for OPEB funds. $297,618,467.36 Mo Cash Flow $ 7,000,000.00 $ 2,000,000.00 $ 183,700,000.00 2of2 38 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date September 30, 2016 06/30/16 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value FFCB Callable 3133EGTHS 1.030% 09/06/16 09/06/18 1.93 1.030% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EGFX8 1.010% 06/20/16 09/20/18 1.97 1.010% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A9C90 1.050% 09/28/16 09/28/18 1.99 1.050% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134G9B15 1.125% 04/29/16 10/29/18 2.08 1.125% $ 2,000,000.00 $ 2,000,000.00 Sub Total - General Investments $ 183,700,000.00 $ 183,214,213.83 Regions Bank Money Market $28,234,967.36 TD Bank Money Market $22,158,875.96 BankUnited Money Market Harbor Community Bank CD 0.850% 02/04/16 02/04/18 1.35 $28,311,038.74 $3,068,733.95 Oculina Bank CD 0.880% 05/11/15 05/11/17 0.61 $1,012,367.27 TD Bank CD 0.880% 05/05/15 05/05/17 0.59 $6,074,825.92 National Bank of Commerce CD 0.600% 05/11/16 05/11/17 0.61 $6,050,345.83 Oculina Bank CD 0.880% 04/23/16 04/26/18 1.57 $2,007,582.03 Total General Cash & Equivalents $ 280,132,950.89 Restricted Cash - Landfill FACC--Florida Local Govt Investment Trust -Landfill Closure & Postclosure Reserves - adjusted for fair mkt value $ 12,467,717.96 Total Pooled Cash & Equivalents $292,600,668.85 Restricted Cash - Health Insurance Wells Fargo - BCBS Claims Account $826,407.01 Citibank - BCBS Imprest Acct $84,000.00 Total Restricted Cash - Health Insurance $910,407.01 Restricted Cash -Bond Covenants (held by BNY/Mellon) Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve $0.00 Treasury Note 912828G46 0.500% 06/30/15 11/30/16 0.17 0.530% $1,030,000.00 $1,030,504.70 Treasury Note 912828XJ4 0.625% 06/30/15 06/30/17 0.75 0.688% $1,600,000.00 $1,600,128.00 Treasury Note 912828893 0.625% 06/30/16 06/30/18 1.75 0.745% $1,480,000.00 $1,476,758.80 Total Restricted Cash - adjusted for fair market value $4,107,391.50 Total Portfolio Note: See separate investment report for OPEB funds. $297,618,467.36 Mo Cash Flow $ 7,000,000.00 $ 2,000,000.00 $ 183,700,000.00 2of2 38 $200,000,000 -- $150,000,000 - — $100,000,000 $50,000,000 $0 $219,190,420 0-12 Months Schedule 3 Indian River County Portfolio By Maturity Date September 30, 2016 $76,428,048 13-24 Months $2,000,000 25-36 Months Total Portfolio $297,618,467 39 Schedule 4 Indian River County Portfolio By Type September 30, 2016 Treasury Notes 27.96% FLGIT - Landfill 4 940/ Natl Bk Comr 2.07% BankUnited $ '."`"0 TD Bank $ Mkt & CD 9.65% FHLMC 13.97% N MA 6.81 % Mkt 9.65% 40 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending September 30, 2016 PURCHASES: Investment Early Description Yield to Maturit Purchase Date Call Date Maturity Date Par Amount Book Value FNMA Disc 0.50% 07/08/16 07/06/16 06/22/17 $3,000,000 $2,985,458.34 FHLB Callable 0.84% 07/12/16 01/12/17 07/12/18 $2,000,000 $2,000,000.00 FHLB Disc 0.60% 07/13/16 07/10/17 $2,000,000 $1,987,933.33 FHLB Bullet 0.77% 07/15/16 08/07/18 $2,000,000 $1,994,000.00 FFCB Callable 0.88% 07/18/16 01/18/17 07/18/18 $2,000,000 $2,000,000.00 FHLMC Disc 0.58% 07/27/16 07/28/16 07/03/17 $3,000,000 $2,983,518.33 FHLB Bullet 0.63% 08/08/16 08/08/17 $3,000,000 $3,000,000.00 FHLB Disc 0.52% 08/18/16 08/15/17 $3,000,000 $2,984,313.33 FHLMC Callable 1.01% 08/30/16 11/28/16 08/28/18 $2,000,000 $2,000,000.00 FNMA Disc 0.56% 09/01/16 08/17/16 07/17/17 $2,000,000 $1,990,252.78 FHLB Disc 0.55% 09/01/16 07/24/17 $2,000,000 $1,990,220.00 FFCB Callable 1.03% 09/06/16 03/06/17 09/06/18 $2,000,000 $2,000,000.00 FFCB Callable 0.94% 09/20/16 12/20/16 06/20/18 $2,000,000 $2,000,000.00 FHLB Callable 1.05% 09/28/16 03/28/17 09/28/18 $3,000,000 1 $3,000,000.00 14 $33,000,000 $32,915,696.11 09/06/16 $2,000,000 $1,998,857.86 MATURITIES: Investment Early Description Yield to Maturit Purchase Date Call Date Maturity Date Par Amount Book Value FHLB - 1X Call 0.91% 07/06/15 07/06/16 07/06/17 $2,000,000 $2,000,000.00 FHLB Callable 1.05% 04/06/16 07/06/16 04/06/18 $2,000,000 $2,000,000.00 FHLMC - 1X Call 0.55% 04/08/14 07/08/16 $2,000,000 $2,000,000.00 FHLB - 1X Call 0.50% 04/15/14 07/15/16 $2,000,000 $2,000,000.00 FHLMC Disc 0.29% 09/24/15 07/22/16 $2,000,000 $1,995,302.22 FHLB - 1X Call 0.80% 07/28/15 07/28/16 07/28/17 $2,000,000 $2,000,000.00 Treasury Note 0.52% 07/31/14 07/31/16 $3,000,000 $2,998,628.97 FHLMC Disc 0.31% 09/24/15 08/08/16 $2,000,000 $1,994,683.33 FHLMC Disc 0.29% 09/28/15 08/15/16 $2,000,000 $1,994,901.67 FHLMC Callable 0.85% 08/17/15 08/17/16 08/17/17 $2,000,000 $2,000,000.00 FHLMC Disc 0.31% 09/29/15 08/26/16 $2,000,000 $1,994,466.67 FFCB Callable 0.78% 07/21/15 08/30/16 07/21/17 $2,000,000 $2,000,000.00 Treasury Note 0.51% 09/02/14 08/31/16 $3,000,000 $2,999,405.23 Treasury Note 0.50% 12/05/14 08/31/16 $3,000,000 $3,000,000.00 FFCB 0.46% 03/27/15 09/06/16 $2,000,000 $1,998,857.86 FNMA Disc 0.30% 10/13/15 09/12/16 $2,000,000 $1,994,602.78 FFCB Callable 0.68% 10/30/14 09/14/16 01/30/17 $2,000,000 $2,000,000.00 FHLMC - 1X Call 1.00% 03/23/16 09/23/16 03/23/18 $3,000,000 $3,000,000.00 FNMA Disc 0.30% 11/02/15 09/19/16 $2,000,000 $1,994,633.34 FFCB Callable 0.62% 07/20/15 09/30/16 04/20/17 $2,000,000 $2,000,000.00 Treasury Note 0.57% 09/30/14 09/30/16 $3,000,000 $2,996,127.39 Treasury Note 0.53% 12/05/14 1 09/30/16 $2,000,000 $1,998,980.00 22 $49,00'000 $48,960,589.46 Reconciliation of Bonds Only: Beginning portfolio (06/30/16) $199,259,107.18 Total purchased 14 securities $32,915,696.11 Total matured 22 securities $48,960,589.46 Ending portfolio for quarter (09/30/16) $183.214.213.83 loft 41 October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years September 30, 2016 11,561,623 Fiscal Year 2010-2011 Net Chane Month End Bal* $ (8,787,313) $ 286,139,875 $ 18,859,033 $ 304,998,908 $ 30,880,676 $ 335,879,584 $ 4,920,377 $ 340,799,961 $ 337,406 $ 341,137,367 $ (3,074,474) $ 338,062,893 $ (4,427,870) $ 333,635,023 $ (5,688,925) $ 327,946,098 $ (8,844,978) $ 319,101,120 $ (5,588,302) $ 313,512,818 $ (1,382,203) $ 312,130,615 $ 5,641,804 $ 306,488,811 11,561,623 47,340 Fiscal Year 2013-2014 Net Chane Month End Bal* $ (7,076,226) $ 291,236,824 $ 13,411,135 $ 304,647,959 $ 33,565,914 $ 338,213,873 $ (1,632,096) $ 336,581,777 $ (1,988,485) $ 334,593,292 $ (474,129) $ 334,119,163 $ (6,034,807) $ 328,084,356 $ (5,237,557) $ 322,846,799 $ (11,441,367) $ 311,405,432 $ (3,166,797) $ 308,238,635 $ (8,103,393) $ 300,135,242 $ 11774,852 $ 298,360,390 47,340 $ (8,183,746) Fiscal Year 2011-2012 Net Chane Month End Bal* $ (7,163,713) $ 299,325,098 $ 15,743,556 $ 315,068,654 $ 31,679,255 $ 346,747,909 $ 540,328 $ 347,288,237 $ (3,953,214) $ 343,335,023 $ (4,018,678) $ 339,316,345 $ (6,018,427) $ 333,297,918 $ (5,148,326) $ 328,149,592 $ (12,048,463) $ 316,101,129 $ (5,284,467) $ 310,816,662 $ (10,999,198) $ 299,817,464 $ 1,512,399 $ 298,305,065 $ (8,183,746) $ 7,860,609 Fiscal Year 2014-2015 Net Chane Month End Bal* $ (10,422,694) $ 287,937,696 $ 19,342,864 $ 307,280,560 $ 35,786,179 $ 343,066,739 $ (285,799) $ 342,780,940 $ (2,801,802) $ 339,979,138 $ 281,107 $ 340,260,245 $ (6,111,791) $ 334,148,454 $ (4,947,796) $ 329,200,658 $ (6,122,052) $ 323,078,606 $ (8,447,944) $ 314,630,662 $ (9,274,059) $ 305,356,603 $ 864,396 1 $ 306,220,999 $ 7,860,609 7,985 Fiscal Year 2012-2013 Net Chane Month End Bal* $ (4,325,867) $ 293,979,198 $ 16,251,425 $ 310,230,623 $ 29,931,173 $ 340,161,796 $ 130,635 $ 340,292,431 $ (2,486,081) $ 337,806,350 $ (2,787,582) $ 335,018,768 $ (8,244,064) $ 326,774,704 $ (4,598,588) $ 322,176,116 $ (4,334,609) $ 317,841,507 $ (4,470,572) $ 313,370,935 $ (10,017,849) $ 303,353,086 $ 5,040,036 $ 298,313,050 7,985 15,098,062 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 42 Fiscal Year 2015-2016 Net Chane Month End Bal* $ (8,105,518) $ 298,115,481 $ 25,830,326 $ 323,945,807 $ 35,536,011 $ 359,481,818 $ (373,573) $ 359,108,245 $ 906,675 $ 360,014,920 $ 256,335 $ 360,271,255 $ (5,220,820) $ 355,050,435 $ (2,730,213) $ 352,320,222 $ (8,065,869) $ 344,254,353 $ (7,588,170) $ 336,666,183 $ (8,369,612) $ 328,296,571 $ 6,977,510 $ 321,319,061 15,098,062 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 42 0 %q 4;';'; eeeee 9- 4, ev ev booboo eEeeeeeee��_ee o 00000000000 0000000000 0 0 0 0 0 0 0 e�° ee e e °ee ee d n°T.orrv�° eev e'+oev e eee �M ..R;3.x e oeae evmiu'4nnne m mr�,4mmma�em� N»«»»N«»»«»N N»»«»«««»»»» »«»»N»»»N»»N `z d eeeeeeeeeeee Mom 00000000 000 eeeeeeeeeeee �M.,rMrvnn 000000000000 e,�eeeeveeee 000000000000 »»N« »NN»»N«»»N»« o �eee oagaaaa 00000cz`zzzzz aaaaaaaaaaaa 3z333zzzz`zzz aaaaaaaaaaaa zzzzzz3zzzzz eo � iE S a va �w o�maaaaaa ^^ - zz'zzzzz aaaaaaaaaaaa zzzzz'zzzz'z33 aaaaaaa_a__a zM zzzizz'zzz � �y =�� e�Ngeeeeee oo ePeeeee�Feeeee �oOoo�Onnm eeveeeereeee o0000000�0�- 0000 0 0000 00000000���� J "E M ........... ««« Eeeeeeeeeeeee a � woe woe 00000 000 00 N .. 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M «»»»N««»»N»» n. h m m m m m m m m m «««NN«««»«»« E eeeee eoe eeeeeevoeeee eeeeeeeee ee° d rc 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 vo99o�nuo�nP 0 0 0 0 0 0 0 0 0 0 0 0 vE u"�c �o�rmmm mm "mmaoir Nee r _ _ _ _ .......... .e o E ve~e. 0 z" w` ;� E eeeeee eeeeY;eeeveNee 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rrmrr nrrmrm'�m'NryryNn jQ-3 cW weeye ' E c E u ¢ neo �v bee 0 0 0 0 0 0 0 0 eeeevo ........... 0 �eea`Nee»ee» 0 0 0 0 0 0 0 0 0 0 0 0 �U i4 CE �mm�o_n'8 N n ry n ry »»N«w«»N �`B�oRmmr'i ---N- «««»»»NN«»NN rv8rv'8N'°4o°'��: ry ry N ry H ry ry ry ry n ry ry «»»NN««»»««» eeeee O U 0 0 0 0 0 omeeeeeveeee 0 0 0 � w E 5w » ««» »N« »»»««»N« i E eeeee eeeeee~eae eeeeeeeeeeee d000000000 000000000000 000000000000 m a sg� miv� �a sus Yx-n w �+ ««»»»»N«»«» «»»»»NN»»N«« m a ^aaggaaaa 000c3zzz3zzz aaaaaaaaaaaa zzi'z'zzzzzz'zz'z aaaaaQaa_a_aaa_ 'z3z'zz'zzzz3zz a e^ dm as<aaa<gg - zzz3zzzz aaaaaaaaaaaa zzzzzz33zzzz aaaaaaaaaaaa z3Zz'zzzzzzzz E e~eyeeeeeeee �eeeeeeeeee ev eeeeeeoeae 3 �w c4�1414� rn�rvry 14 14 14nN»NnM�rvn14nry 1ba14� nn M,4,4�n n deeee~eeNe e oTeeeeeeeeeeveeeeeeN a 141 vv .0 X10 co tun x^tunas "a.xV M'amry x'as^o .r � � 0.6.6 »»«NN»»NN»«» »»»»»»«»»«»« -m «««»NN««»»N« U z O LL a' N Z O a '� N uemm to b,d z o- LL i a 43 Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of September 30, 2016 General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Solid Waste Funds Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds GIS Fund Escrow Funds Total Investments Pooled Investments $ 43,220,070 $ 60,034,708 $ 3,232,895 $ 70,658,887 $ 29,622,718 $ 7,354 $ 6,654,063 $ 79,164,335 $ 360,893 $ 24,452,694 $ 788,483 $ 3,121,961 $ 321,319,061 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Schedule does not include OPEB investments - see separate report. 44 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 CPA, CGFO, CGMA TO: Board of County Commissioners FROM: Edward Halsey, Internal Auditor THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: October 25, 2016 SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 09/30/2016 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in Clerk's office for quarters ended September 30, 2015 and 2016. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. Indian River County _APAdVKd Date Administrator Ila County Attorney Budget Department Risk Management 45 69 69 69 69 60) 69 N rti v a� J to C v 00 W Vii A W A O� O� 00 O1 cn o e o e 0 0 0 46 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Diane Bernardo, Finance Director & THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: October 28, 2016 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 09/30/2016 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the fourth quarter of this fiscal year. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on October 27, 2016. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. Indian River County Apqf4ed Date Administrator County Attorney Budget Department Risk Management 47 A J L W Y A f o m T aua a o o w v— H r E a v y> r _ E A voi vEi w N '" ov E LL 'c a° A l a c E � C C C dGC m M 0 a L a m a 0 r V N m ¢ c \ $ o e e V e N \ m$ m S rn m o S O S o ry o vi rJ o N o vi m o of o 0 a cvai N 5 x p> u N O N o 0 u = v v o0 00 w o n�� in v e m o No N o m0 N O H b N 0p N N N N V1 N N Uf N d F- N N � 00 all a a o m 3 � V1 a N o v m m 1Mn V1 n N ;F al n Vf V1 ^ m N N o0 E 2 w W Q Z. ` 00 0O S O O O 8 O W C QJ aJ ^^ N O O O 1101O co c, O pO 1011 p m ('n Op 00 NI O ul Vl N^ T O 1D 1p ti N m D N p m 00 U C r Qa N N H H N N H N a C J — m N N 'p o .. m m n m m ry 1ND ONi 1p 1^p W 'O W e N H W rOn ni m m o �p N .y o L cr O A J L W Y A f o m T aua a o o w v— H r E a v y> r _ E A voi vEi w N '" ov E LL 'c a° A l a c E � C C C dGC m M 0 a L a m a 0 r V N m ¢ O O O E E E m m � ¢ C � v a C J J � jlJi LL pp x >, v � Ig p va M `pa c 3 f n > > pY a cvai N ° A p> u N O O 0 0 0 0 0 E m E E E m ^1 m m m O O O E E E m m 0 0 0 E m m m O O E m M aW WHry o00 m O O O ooa►Id � Ig T J y d m N O Ua v C `o E ^+ 3 a m E v" O w Q. O o a w o a+ x E v a u v a a N$ s a v o J J A 0 W m 00 OO OO — J O LL c c C c« to J > i > > H > > F- > > H '11 �� BNY MELLON The Bank of New York Mellon Trust Company, N.A. INDIAN RIVER COUNTY c FINANCE DIRECTOR 1801 27TH STREET BLDG A VERO BEACH, FL 329603388 ' Go Paperless. Securely access your account online to view your statements. Ask your BNY Mellon contact how we can help you access your accounts, enter your own transactions or submit an audit confirmation online. Also be sure to ask how Connect(SM), our new web -based, single sign -on platform can help you go paperless. Visit us at www.bnymellon.com Account Overview Account Statement Statement Period 07/01/2016 Through 09/30/2016 Account 179137 INDIAN RIVER CO OPEB TRUST CLIENT SERVICE MANAGER: CLAYTON WOODARD 10161 CENTURION PARKWAY JACKSONVILLE, FL 32256 904-998-4743 CLAYTON.WOODARD@BNYMELLON.COM Percent of all Investments Asset Classification Market Value M;�;r•} 46% 0 EQUITY 11,289,261.18 43% G OTHER 11,212,593.82 11% ® CASH AND SHORT TERM 3,001,455.06 100% TOTAL OF ALL INVESTMENTS 25,503,310.06 Summary of Assets Held Asset Classification Market Value Cost Accrued Income Est Annual Income Market Yield EQUITY 11,289,261.18 8,690,766.68 0.00 0.00 0.00% OTHER 11,212,593.82 9,803,633.41 0.00 0.00 0.00% CASH AND SHORT TERM 3,001,455.06 3,001,455.06 0.00 0.00 0.00% ACCOUNT TOTALS 25,503,310.06 21,495,855.15 0.00 0.00 0.00% Summary of Cash Transactions 0.00 7,996.73 0.00 SALES AND REDEMPTIONS Transaction Category Income Current Period Principal Realized Gains/Losses Year -to -Date Income Principal OPENING BALANCE 344,074.65 344,074.65 - 208,020.34 208,020.34 - DIVIDENDS 65,330.94 65,288.60- 0.00 201,423.56 172,852.84 - INTEREST 0.00 0.00 0.00 7,996.73 0.00 SALES AND REDEMPTIONS 0.00 8,410,030.50 0.00 8,053.32 9,762,754.73 OTHER CASH ADDITIONS 0.00 9,833,768.25 0.00 7,996.73 11,368,191 .05 OTHER CASH DISBURSEMENTS 0.00 2,495,548.00 - 0.00 16,050.05- 2,504,092.23 - PURCHASES 42.34 - 15,748,250.75 - 0.00 8,077.38- 18,655,343.62 - CLOSING BALANCE 409,363.25 409,363.25 - 0.00 409,363.25 409,363.25 - The above cash transactions summary is provided for information purposes only and may not reflect actual taxable income or deductible expenses as reportable under the Internal Revenue Code. m 0 0 0 0 3 v N m Page 1 of 10 Page 1 of 10 -. 1m Qn-w MI PI CMM IKGHJUKY t-UNU v CUSIP 922031802 186.03 SHARES g 07/01/16 Dividend 0.00 510.07 - 510.07 0.00 VANGUARD PRIME MONEY MARKET FUND v cuclp 0990na9ni 0 49 Page 2 of 10 Page 2 of 10 50 BNY MELLON Statement Period 07/01/2016 Through 09/30/2016 The Bank of New York Mellon Trust Company, N.A. Account 179137 INDIAN RIVER CO OPEB TRUST Statement of Assets Held Shares / Par value Asset Description Market Price Market Value Accrued Income Average Cost Cost Est Annual Income Market Yield EQUITY 252,673.380 VANGUARD FTSE ALL WORLD EX US INDEX FUND 17.88000 4,517,799.96 0.00 0.00% CUSIP: 922042791 17.39484 4,395,212.91 0.00 25,407.790 VANGUARD 500 INDEX FUND 200.21000 5,086,893.44 0.00 0.00% CUSIP: 922908108 129.70984 3,295,640.50 0.00 9,575.390 VANGUARD SMALL -CAP INDEX FUND 58.53000 560,447.58 0.00 0.00% CUSIP: 922908702 35.25362 337,567.13 0.00 31,808.720 VANGUARD MID -CAP INDEX FUND 35.34000 1,124,120.20 0.00 0.00% CUSIP: 922908843 20.82279 662,346.14 0.00 Total EQUITY 11,289,261 .18 0.00 0.00% OTHER 8,690,766.68 0.00 206,110.960 VANGUARD FEDERAL MONEY MARKET FUND 1.00000 206,110.96 0.00 0.00% CUSIP: 922906300 1.00000 206,110.96 0.00 192,540.230 VANGUARD INTERMEDIATE-TERM TREASURY FUND 11 .65000 2,243,093.71 0.00 0.00% CUSIP: 922031802 9.22779 1,776,719.89 0.00 2,028,783.650 VANGUARD PRIME MONEY MARKET FUND 1.00000 2,028,783.65 0.00 0.00% CUSIP: 922906201 0.97975 1,987,697.58 0.00 625,892.700 VANGUARD SHORT-TERM TREASURY FUND 10.76000 6,734,605.50 0.00 0.00% CUSIP: 922031703 9.31966 5,833,104.98 0.00 Total OTHER 11,212,593.82 0.00 0.00% CASH AND SHORT TERM 9,803,633.41 0.00 3,001,387.750 FIDELITY INVST M MKT TRSY 696 1.00000 3,001,387.75 0.00 0.00% CUSIP: X9USD0002 1.00000 3,001,387.75 0.00 67.310 FIDELITY INVST M MKT TRSY 696 1.00000 67.31 0.00 0.00% CUSIP: X9USD0002 1.00000 67.31 0.00 Total CASH AND SHORT TERM 3,001,455.06 0.00 0.00% 3,001,455.06 0.00 ACCOUNT TOTALS 25,503,310.06 0.00 0.00% Total Market Value Plus Total Accrued Income 25,503,310.06 21,495,855.15 0.00 Statement of Transactions Transaction Date Transaction Description Income Principal Cost Realized Gains/Losses 07101/16 OPENING BALANCE 344,074.65 344,074.65 - 14,092,303.96 07/01/16 Dividend 0.00 4,493.98 - 4,493.98 0.00 VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 416.10 SHARES 07/01/16 Dividend 4,493.98 0.00 0.00 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE: .01 EX 06302016 REC 07012016 PAY 07012016 CUSIP 922031703 448,052.64 SHARES 07/01/16 Dividend 2,183.99 0.00 0.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIV RATE: .02 EX 06302016 REC 07012016 PAY 07012016 CUSIP 922031802 139,208.18 SHARES 07/01/16 Dividend 0.00 2,183.99 - 2,183.99 0.00 g VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 186.03 SHARES 3 07/01/16 Dividend 0.00 510.07 - 510.07 0.00 VANGUARD PRIME MONEY MARKET FUND CUSIP 922906201 0 510.07 SHARES 07/01/16 Dividend 510.07 0.00 0.00 0.00 m Page 2 of 10 Page 2 of 10 50 It BNY MELLON Statement Period 07/01/2016 Through 09/30/2016 The Bank or New York Mellon Trust Company, N.A. Account 179137INDIAN RIVER CO OPEB TRUST Statement of Transactions - Continued Transaction - Date Transaction Description Income Principal Cost Realised Gains/Losses VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 06302016 PAY 07012016 CUSIP 922906201 1,360,657.42 SHARES 07/01/16 Dividend 53.10 0.00 0.00 0.00 VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 06302016 REC 07012016 PAY 07012016 CUSIP 922906300 205,952.50 SHARES 07/01/16 Dividend 0.00 53.10- 53.10 0.00 VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 53.10 SHARES 07/01116 DAILY ENDING BALANCE 351,315.79 351,315.79 - 14,099,545.10 0.00 07/05/16 Purchase 11.34- 0.00 11.34 0,00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 07/05/16 SET/DATE 07/05/16 CUSIP X9USD0002l 11.34 SHARES 07/05/16 Dividend 11.34 0.00 0.00 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 07/05/16 SET/DATE 07/05/16 CUSIP X9USD0002 11.34 SHARES 07/05/16 DAILY ENDING BALANCE 351,315.79 351,315.79 - 14,099,556.44 0.00 07/25/16 Purchase 0.00 277,922.75 - 277,922.75 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 07/25/16 SET/DATE 07/25/16 CUSIP X9USD0002 277,922.75 SHARES 07/25/16 Cash Credit 0.00 277,922.75 0.00 0.00 ORD CUSTJ002000044270289 INDIAN RIVER COUNTY BOARD OF COUNT ORD INST:WELLS FARGO BANK NA 444 MRKT ST,FX OPRTNS MAC N0019 DETAIL:TAS 1791378400/REC/DGLA111565 THE BANK OF NEW YOR/ACC DETAIL:/K 10161 CENTURION PARKWAY JACK/BNF/VILL E, FL 32256 IMA:20160725llB7032R004927 FTS:FDF160725 0726800 07/25/16 DAILY ENDING BALANCE 351,315.79 351,315.79 - 14,377,479.19 0.00 08/01/16 Dividend 4,291.54 0.00 0.00 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE: .01 EX 08012016 PAY 08012016 CUSIP 922031703 448,468.75 SHARES 08/01/16 Dividend 0.00 4,291.54- 4,291.54 0.00 VANGUARD SHORT-TERM TREASURY FUND o CUSIP 922031703 398.10 SHARES 08/01/16 Dividend 0.00 2,123.71 - 2,123.71 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 181.04 SHARES 08/01/16 Dividend 2,123.71 0.00 0.00 3 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND a DIV RATE: .02 EX 08012016 PAY 08012016 P CUSIP 922031802 _ V Page 3 of 10 Page 3 of 10 51 BNY MELLON Statement Period 07/01/2016 Through 09/30/2016 Account 179137 The Bank of New York Mellon Trust Company, N.A. INDIAN RIVER CO OPEB TRUST Statement of Transactions - Continued Transaction Realized Date Transaction Description Income Principal Cost Gains/Losses 139,394.21 SHARES 08/01/16 Dividend 522.60 0.00 0.00 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 08012016 REC 08012016 PAY 08012016 CUSIP 922906201 1,361,167.49 SHARES 08/01/16 Dividend 0.00 522.60- 522.60 0.00 VANGUARD PRIME MONEY MARKET FUND CUSIP 922906201 522.60 SHARES 08/01/16 Dividend 53.97 0.00 0.00 0.00 VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 08012016 REC 08012016 PAY 08012016 CUSIP 922906300 206,005.60 SHARES 08/01/16 Dividend 0.00 53.97- 53.97 0.00 VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 53.97 SHARES 08/01/16 DAILY ENDING BALANCE 358,307.61 358,307.61 - 14,384,471.01 0.00 08/02/16 Purchase 13.93- 0.00 13.93 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 08/02/16 SET/DATE 08/02/16 CUSIP X9USD00021 13.93 SHARES 08/02/16 Dividend 13.93 0.00 0.00 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 08/02/16 SET/DATE 08/02/16 CUSIP X9USD0002 13.93 SHARES 08/02116 DAILY ENDING BALANCE 358,307.61 358,307.61 - 14,384,484.94 0.00 08/22/16 Purchase 0.00 2,277,922.75 - 2,277,922.75 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 08/22/16 SET/DATE 08/22/16 CUSIP X9USD0002 2,277,922.75 SHARES 08/22/16 Cash Credit 0.00 2,277,922.75 0.00 0.00 ORD CUST:/002000044270289 INDIAN RIVER COUNTY BOARD OF COUNT ORD INST:WELLS FARGO BANK NA 444 MRKT ST,FX OPRTNS MAC N0019 DETAIL:TAS 1791378400/REC/DGLA111565 THE BANK OF NEW YOR/ACC DETAIL:/K 10161 CENTURION PARKWAY JACK/BNFNILL E, FL 32256 IMA:2016082211B7032R009401 FTS:FDF160822 1013900 08/22/16 DAILY ENDING BALANCE 358,307.61 358,307.61 - 16,662,407.69 0.00 08/23/16 Purchase 0.00 750,000.00 - 750,000.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1162350239085 TRADE DATE 08/22/16 SET/DATE 08/23/16 CUSIP 922031703 m 69,702.60 SHARES $ 08/23/16 Purchase 0.00 240,000.00 - 240,000.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1162350239102 3 TRADE DATE 08/22/16 SET/DATE 08/23/16 CUSIP 922031802 20,565.55 SHARES o 08/23/16 Purchase 0.00 340,000.00 - 340,000.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND " 1162350238700 m tl, W V Page 4 of 10 Page 4 of 10 52 BNY MELLON Statement Period 07/01/2016 Through 09/30/2016 Account 179137 The Bank of New York Mellon Trust Company, N.A. INDIAN RIVER CO OPEB TRUST Statement of Transactions - Continued Transaction Realized Date Transaction Description Income Principal Cost GainsfLossas TRADE DATE 08/22/16 SET/DATE 08/23/16 CUSIP 922042791 18,983.80 SHARES 08/23/16 Purchase VANGUARD PRIME MONEY MARKET FUND 1162350239134 TRADE DATE 08/22/16 SET/DATE 08/23/16 CUSIP 922906201 300,000.00 SHARES 08/23/16 Purchase VANGUARD 500 INDEX FUND 1162350238499 TRADE DATE 08/22/16 SET/DATE 08/23/16 CUSIP 922908108 1,336.56 SHARES 08/23/16 Purchase VANGUARD SMALL -CAP INDEX FUND 1162350238883 TRADE DATE 08/22116 SET/DATE 08/23/16 CUSIP 922908702 426.62 SHARES 08/23/16 Purchase VANGUARD MID -CAP INDEX FUND 1162350239014 TRADE DATE 08/22/16 SET/DATE 08/23/16 CUSIP 922908843 2,110.89 SHARES 08/23/16 Sale FIDELITY INVST M MKT TRSY 696 TRADE DATE 08/23/16 SET/DATE 08/23/16 CUSIP X9USD0002 2,000,000.00 SHARES 08/23/16 DAILY ENDING BALANCE 09/01/16 Dividend VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE: .01 EX 09012016 PAY 09012016 CUSIP 922031703 518,569.45 SHARES 09/01/16 Dividend VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 400.53 SHARES 09/01/16 Dividend VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIV RATE:.01 EX 09012016 PAY 09012016 CUSIP 922031802 160,140.81 SHARES 09/01/16 Dividend VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 188.24 SHARES 09/01/16 Dividend VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 09012016 PAY 09012016 CUSIP 922906201 1,661,690.09 SHARES 09/01/16 Dividend VANGUARD PRIME MONEY MARKET FUND CUSIP 922906201 593.56 SHARES 09/01/16 Dividend VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND Page Sof 10 0.00 300,000.00 - 300,000.00 0.00 0.00 270,000.00 - 270,000.00 0.00 0.00 25,000.00- 25,000.00 0.00 0.00 75,000.00- 75,000.00 0.00 0.00 2,000,000.00 2,000,000.00 - 0.00 358,307.61 358,307.61 - 16,662,407.69 0.00 4,301.76 0.00 0.00 0.00 0.00 4,301.76- 4,301.76 0.00 2,189.24 0.00 0.00 0.00 0.00 2,189.24 - 2,189.24 0.00 593.56 0.00 0.00 0.00 n m S 0.00 593.56- 593.56 0.00 3 v 0 51.39 0.00 0.00 0.00 Page 5 of 10 53 54 BNY MELLON Statement Period 07/01/2016 Through 09/30/2016 Account 179137 The Bank of New York Mellon Trust Company, N.A. INDIAN RIVER CO OPEB TRUST Statement of Transactions - Continued Transaction Date Transaction Description Income Principal Cost Realized Gains/Losses DIV RATE: 0.00 EX 09012016 PAY 09012016 CUSIP 922906300 206,059.57 SHARES 09/01/16 Dividend 0.00 51.39 - 51.39 0.00 VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 51.39 SHARES 09/01/16 DAILY ENDING BALANCE 365,443.56 365,443.56 - 16,669,543.64 0.00 09/02/16 Purchase 17.07 - 0.00 17.07 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 09/02/16 SET/DATE 09/02/16 CUSIP X91JSD00021 17.07 SHARES 09/02/16 Dividend 17.07 0.00 0.00 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 09/02/16 SET/DATE 09/02/16 CUSIP X9USD0002 17.07 SHARES 09102/16 DAILY ENDING BALANCE 365,443.56 365,443.56 • 16,669,560.71 0.00 09/07/16 Sale 0.00 502.50 502.50- 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 09/07/16 SET/DATE 09/07/16 CUSIP X9USD0002 502.50 SHARES 09/07/16 Cash Debit 0.00 502.50 - 0.00 0.00 BANK OF NEW YORK MELLON 021000018 INDIAN RIVER CO OPEB TRUST CAS/8901245259 REP PAYMENT FOR ADMIN BILLING FEE MAR 1 TO MAY 31,2016 INVOICE 252-1969560 ACCT INDIANREVOPB 09/07/16 DAILY ENDING BALANCE 365,443.56 365,443.56 - 16,669,058.21 0.00 09/12/16 Purchase 0.00 2,277,922.75 - 2,277,922.75 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 09/12/16 SET/DATE 09/12/16 CUSIP X9USD0002 2,277,922.75 SHARES 09/12/16 Cash Credit 0.00 2,277,922.75 0.00 0.00 ORD CUST:/002000044270269 INDIAN RIVER COUNTY BOARD OF COUNT ORD INST:WELLS FARGO BANK NA 444 MRKT ST,FX OPRTNS MAC N0019 DETAIL:TAS 1791378400/REC/DGLA111565 THE BANK OF NEW YOR/ACC DETAIL:/K 10161 CENTURION PARKWAY JACK/BNF/VILL E, FL 32256 IMA:2016091211B7033R005828 FTS:FDF160912 0771000 09/12/16 DAILY ENDING BALANCE 365,443.56 365,443.56 • 18,946,980.96 0.00 09/13/16 Purchase 0.00 525,000.00 - 525,000.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1162560276521 TRADE DATE 09/12/16 SET/DATE 09/13/16 CUSIP 922031703 48,837.20 SHARES c 09/13/16 Purchase 0.00 175,000.00 - 175,000.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1162560276910 3 TRADE DATE 09/12/16 SET/DATE 09/13/16 CUSIP 922031802 15,073.21 SHARES o 09/13/16 Purchase 0.00 375,000.00 - 375,000.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND 1162560273689 Page 6 of 10 Page 6 of 10 54 I* 1 1111 BNY MELLON Statement Period 07/01/2016 Through 09/30/2016 Account 179137INDIAN The Bank of New York Mellon Trust Company, N.A. RIVER CO OPEB TRUST Statement of Transactions - Continued Transaction Date Transaction Description Income Principal Cost Realized Gaina/Losses TRADE DATE 09/12/16 SET/DATE 09/13/16 CUSIP 922042791 21,020.17 SHARES 09113/16 Purchase 0.00 166,500.00 - 166,500.00 0.00 VANGUARD PRIME MONEY MARKET FUND 1162560274374 TRADE DATE 09/12/16 SET/DATE 09/13/16 CUSIP 922906201 166,500.00 SHARES 09/13/16 Purchase 0.00 498,500.00 - 498,500.00 0.00 VANGUARD 500 INDEX FUND 1162560273565 TRADE DATE 09/12/16 SET/DATE 09/13/16 CUSIP 922908108 2,502.88 SHARES 09/13/16 Purchase 0.00 50,000.00 - 50,000.00 0.00 VANGUARD SMALL -CAP INDEX FUND 1162560274316 TRADE DATE 09/12/16 SET/DATE 09/13/16 CUSIP 922908702 858.51 SHARES 09/13/16 Purchase 0.00 125,000.00 - 125,000.00 0.00 VANGUARD MID -CAP INDEX FUND 1162560273847 TRADE DATE 09/12/16 SET/DATE 09/13/16 CUSIP 922908843 3,562.26 SHARES 09/13/16 Sale 0.00 1,915,000.00 1,915,000.00 - 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 09/13/16 SET/DATE 09/13/16 CUSIP X9USD0002 1,915,000.00 SHARES 09/13/16 Dividend 0.00 20,276.74- 20,276.74 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND CUSIP 922042791 1,136.58 SHARES 09/13/16 Dividend 20,276.74 0.00 0.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND CASH DIVIDEND DIV RATE: .09 EX 09132016 REC 09092016 PAY 09132016 CUSIP 922042791 227,925.67 SHARES 09/13/16 Dividend 17,633.47 0.00 0.00 0.00 VANGUARD 500 INDEX FUND CASH DIVIDEND DIV RATE: .76 EX 09132016 REC 09092016 PAY 09132016 CUSIP 922908108 23,199.44 SHARES 09/13/16 Dividend 0.00 17,633.47 - 17,633.47 0.00 VANGUARD 500 INDEX FUND CUSIP 922908108 88.53 SHARES 09113/16 DAILY ENDING BALANCE 403,353.77 403,353.77 - 18,984,891.17 0.00 09/19/16 Sale 0.00 2,494,528.00 2,494,528.00 - 0.00 FIDELITY INVST M MKT TRSY 696 o TRADE DATE 09/19/16 SET/DATE 09/19/16 CUSIP X9USD0002 2,494,528.00 SHARES g 09119/16 Cash Debit 0.00 2,494,528.00 - 0.00 0.00 WELLS FARGO BANK, NA 121000248 INDIAN RIV CO BCC CONCENTRATION AC a 2000044270289 INDIAN RIVER CO BCC CONCENTRATION ACCT v PER REQUEST DATED 09116/16 09119/16 DAILY ENDING BALANCE 403,353.77 403,353.77 - 16,490,363.17 0.00 H a m Page 7 of 10 Page 7 of 10 55 BNY MELLON Statement Period 07/01/2016 Through 09/30/2016 Account 179137 The Bank of New York Mellon Trust Company, N.A. INDIAN RIVER CO OPEB TRUST Statement of Transactions - Continued Transaction Realized Date Transaction Description Income Principal Cost Gains/Losses 09/20/16 Dividend 0.00 2,223.44 - 2,223.44 0.00 VANGUARD SMALL -CAP INDEX FUND CUSIP 922908702 38.59 SHARES 09/20/16 Dividend 2,223.44 0.00 0.00 0.00 VANGUARD SMALL -CAP INDEX FUND CASH DIVIDEND DIV RATE: .26 EX 09202016 PAY 09202016 CUSIP 922908702 8,685.29 SHARES 09/20/16 Dividend 3,786.04 0.00 0.00 0.00 VANGUARD MID -CAP INDEX FUND CASH DIVIDEND DIV RATE: .13 EX 09202016 PAY 09202016 CUSIP 922908843 29,578.41 SHARES 09/20/16 Dividend 0.00 3,786.04 - 3,786.04 0.00 VANGUARD MID -CAP INDEX FUND CUSIP 922908843 109.26 SHARES 09/20/16 DAILY ENDING BALANCE 409,363.25 409,363.25 - 16,496,372.65 0.00 09/28/16 Purchase 0.00 4,999,482.50 - 4,999,482.50 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 09/28/16 SET/DATE 09/28/16 CUSIP X9USD0002 4,999,482.50 SHARES 09/28/16 Cash Credit 0.00 5,000,000.00 0.00 0.00 ORD CUST:/002000044270289 INDIAN RIVER COUNTY BOARD OF COUNT ORD INST:WELLS FARGO BANK NA 444 MRKT ST,FX OPRTNS MAC N0019 DETAIL:TAS 1791378400/REC/DGLA111565 THE BANK OF NEW YOR/ACC DETAIL:/K 10161 CENTURION PARKWAY JACK/BNFNILL E, FL 32256 IMA:2016092811B7032R009065 FTS:FDF160928 1093000 09/28/16 Cash Debit 0.00 517.50 - 0.00 0.00 BANK OF NEW YORK MELLON 021000018 INDIAN RIVER CO OPER TRUST CAS/8901245259 REP PAYMENT FOR ADMIN BILLING FEE JUN 1 TO AUG 31,2016 INVOICE 252-1973740 ACCT INDIANREVOPB 09/28/16 DAILY ENDING BALANCE 409,363.25 409,363.25 - 21,495,855.15 0.00 09/29/16 Purchase 0.00 625,000.00 - 625,000.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1162720218931 TRADE DATE 09/28/16 SET/DATE 09/29/16 CUSIP 922031703 58,085.50 SHARES 09/29/16 Purchase 0.00 200,000.00 - 200,000.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1162720219386 TRADE DATE 09/28/16 SET/DATE 09/29/16 CUSIP 922031802 0 17,137.96 SHARES 09/29/16 Purchase 0.00 425,000.00 - 425,000.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND 3 1162720218039 TRADE DATE 09/28/16 SET/DATE 09/29/16 CUSIP 922042791 ° 23,611.11 SHARES 09/29/16 Purchase 0.00 200,000.00 - 200,000.00 0.00 y VANGUARD PRIME MONEY MARKET FUND Page 8 of 10 Page 8 of 10 56 It BNY MELLON Statement Period 07/01/2016 Through 09/30/2016 Account 179137 The Bank of New York Mellon Trust Company, N.A. INDIAN RIVER CO OPEB TRUST Statement of Transactions - Continued Transaction Realized Date Transaction Description Income Principal Cost Gains/Lossas 1162720219703 TRADE DATE 09/28/16 SET/DATE 09/29/16 CUSIP 922906201 200,000.00 SHARES 09/29/16 Purchase 0.00 425,000.00 - 425,000.00 0.00 VANGUARD 500 INDEX FUND 1162720217722 TRADE DATE 09/28/16 SET/DATE 09/29/16 CUSIP 922908108 2,119.80 SHARES 09/29/16 Purchase 0.00 50,000.00 - 50,000.00 0.00 VANGUARD SMALL -CAP INDEX FUND 1162720221841 TRADE DATE 09/28/16 SET/DATE 09/29/16 CUSIP 922908702 851.49 SHARES 09/29/16 Purchase 0.00 75,000.00 - 75,000.00 0.00 VANGUARD MID -CAP INDEX FUND 1162720221444 TRADE DATE 09/28/16 SET/DATE 09/29/16 CUSIP 922908843 2,121.04 SHARES 09/29/16 Sale 0.00 2,000,000.00 2,000,000.00 - 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 09/29/16 SET/DATE 09/29/16 CUSIP X9US00002 2,000,000.00 SHARES 09/29/16 DAILY ENDING BALANCE 409,363.25 409,363.25 - 21,495,855.15 0.00 09/30/16 CLOSING BALANCE 409,363.25 409,363.25 - 21,495,855.15 0.00 Cumulative realized capital gain and loss position from 12/31/2015 for securities held In principal of account: Short Term: 0.00 ' Long Term: 0.00 ` . The above gain and loss position does not include transactions where tax cost information is incomplete or unavailable. Cash and securities set forth on this Account Statement are held by The Bank of New York Mellon, an affiliate of The Bank of New York Mellon Trust Company, N.A. In addition, The Bank of New York Mellon Trust Company, N.A. may utilize subsidiaries and affiliates to provide services and certain products to the Account. Subsidiaries and affiliates may be compensated for their services and products. The value of securities set forth on this Account Statement are obtained by The Bank of New York Mellon Trust Company, N.A., from its affiliate, The Bank of New York Mellon which g determines such values for Corporate Trust on the basis of market prices and information obtained by The Bank of New York Mellon from unaffiliated third parties (including o independent pricing vendors) ("third party pricing services"). The Bank of New York Mellon has not verified such market values or information and makes no assurances as to the accuracy or correctness of such market values or information or that the market values set forth on this Account Statement reflect the value of the securities that can be realized 3 upon the sale of such securities. In addition, the market values for the securities set forth in this Account Statement may differ from the market prices and information for the same securities used by other business units of The Bank of New York Mellon Trust Company, N.A., The Bank of New York Mellon or their respective subsidiaries or affiliates based upon market prices and information received from other third party pricing services utilized by such other business units. Corporate Trust does not compare its market values with o those used by, or reconcile different market values used by, other business units of The Bank of New York Mellon Trust Company, N.A., The Bank of New York Mellon or their respective subsidiaries or affiliates. Neither The Bank of New York Mellon Trust Company, N.A. nor The Bank of New York Mellon shall be liable for any loss, damage or expense ^ incurred as a result of or arising from or related to the market values or information provided by third party pricing services or the differences in market prices or information provided by other third party pricing services. Page 9 of 10 Page 9 of 10 57 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 270' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Edward Halsey, Internal Auditor THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller ?46 DATE: November 1, 2016 SUBJECT: Internal Audit Division of the Clerk's Office BACKGROUND Attached to this memorandum is the fourth annual report recapping the highlights of the Clerk's Internal Audit Division. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached fourth annual report of the Internal Audit Division. Indian River County AppWAd Pate Administrator 0 - County Attome Budget Department Risk Management 58 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 DATE: November 1, 2016 TO: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of the Circuit Court and Comptroller FROM: Edward Halsey, CPA, CGFO Internal Auditor SUBJECT: Internal Audit Division of the Clerk's Office I respectfully present this fourth annual report of the Internal Audit Division which was created in the Clerk's Office to carry out internal audit activities for the Clerk's Office and the Board of County Commissioners. The following are highlights of internal audit work done through the period September 30, 2016: • Audits of guardianship files at the Courthouse done on a continuous on-going basis. • Internal auditor attended the annual conference of the Florida Tourist Development Tax Association. • Send Tourist Development Tax letters of inquiry to owners resulting in fifteen owners registering to paying the tax. • Conducted four tourist development tax audits with an impact of $14,000. More audits planned. • Conducted audits of the health insurance fund claims to ensure that the payments were on behalf of eligible participants. • Sent letters of inquiry to local banks to determine if any unauthorized accounts were established in the name of the Clerk or the Board. None found. • Continued process of developing Internal Auditor Charter (later to be approved by the Board). • Monitored leases for compliance and to make sure payments are made (lessee) and payments are received (lessor). • Monitored grants for compliance and to make sure payments are received. • Internal auditor passed part one of the three parts of Certified Internal Auditor (CIA) examination. To sit for second part in mid-November. • Reviewed invoices to make sure discounts are taken. • Conducted a cursory assurance audit of a contractor. • Contacted FPL with Confidentiality Agreement to begin the process of auditing FPL's franchise fee. • Carried forward and monitored the Airbnb signup process, and payments began in October 2016. In addition, our annual audits include: • Each Board department; Clerk's Office; Property Appraiser; Tax Collector; Supervisor of Elections; SRA; and Health Department capital assets. • Surprise change fund (including Clerk's cashiering) and petty cash audits. 59 Dylan Reingold, County .Attorney AY/illiam K. DeBraal, Deputy County _Attorney Kate Pingolt Cotner, .Assistant County .Attorney Consent Agenda - B. C.C. 1/. 8.16 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorneyvi r DATE: October 25, 2016 ATTORNEY SUBJECT: Appointments to the Economic Opportunities Council of Indian River County, Inc. The Economic Opportunities Council of Indian River County, Inc. ("EOC") is a non-profit corporation in Indian River County. Since the EOC receives Community Services Block Grant funds, pursuant to 42 USC §9910, the EOC must have 1/3 of the members of its board who are elected officials or their representatives. On November 18, 2014, the Indian River County Board of County Commissioners ("Board") appointed Miriam Gross, Jennifer Proper and Linda McConkey to serve on the EOC. On February 16, 2016, the Board reappointed these three individuals. Leonard Edwards, the Executive Director of the EOC, has requested the Board to reappoint these three individuals and to appoint Donald Hart, Sr. to the EOC. RECOMMENDATION. The County Attorney recommends that the Board reappoint Miriam Gross, Jennifer Proper and Linda McConkey and appoint Donald Hart, Sr. to the Economic Opportunities Council of Indian River County, Inc. ATTACHMENT Letter from Leonard Edwards to Commissioner Davis, dated October 18, 2016 APPROVED FOR NOVEMBER 8, 2016 B. C. C. MEETING — CONSENT AGENDA COUNTY A TTORNEY E.*.411.—y.Urda GE.tiERAL'.B C C Agenda Al,—&—wOppo i,a C—i(2017.d- 60 Indian River Co. Approv d Date Admin. Co. Atty. n— Z f Budget SE Z Dept. __ /)►3 co �+ L Risk Mgr. -- E.*.411.—y.Urda GE.tiERAL'.B C C Agenda Al,—&—wOppo i,a C—i(2017.d- 60 0 community OA tion. P A R T N E R S H I P Helping People. Changing Lives. Admin. office 1455S 1. Lucie Ave. Vero Beach, FL 32960 (772) 5624177 Fnx(772)794-7597 Community Services 2455 St. Lucie Ace. Vero Beach, Ft. 32900 (772)569.1030 Fax (772) 794.751)7 Head Stan Cenral OITICCS Rao S 64th Avenue Wabasso. FL 32970 PO Bux 2766 Vero Beach, FL 32961-2766 ( 772) 589.8(108 Fox (772) 589.1191 Citrus 2771 4th Street Vero Beach, FL 3296X (772) 778.0528 Fax (772) 770-0529 Fellsmare 1339 N. Willow Street Fells nerc, FL 32945 (772)571-1234 Fax (772) 571-96X2 fligblands 500 SW 201h Stlrct Vero Beach, FL 32962 (772)794.2375 Fax (772) 794.1908 St llcicn's 3550 41 st Street Vern Beach, FL 32967 (772)567-4397 Fax (772) 562-0375 Northside 1798 N W 9th Avenue Okeechobee. FL 34973 (863) 3574677 Fax ($63)357-6617 L IHF.AP Outreach Office 1798 NW 9th Avenue Okeechobee, FL 34973 (863) 357-2240 Fax (863) 357-6263 United < Way Economic Opportunities Council of Indian River County, Inc. October 18, 2016 Post Office Box 2766 Vero Beach, Florida 32961-2766 WWN:eocof rc.net Commissioner Wesley Davis, Chair Board of County Commissioners 180127 th Street Vero Beach, FL 32960 Dear Commissioner Solari, RECEIVED OCT 2 Q 2016 BOARD OF COUNTY COMMISSION Economic Opportunities Council of Indian River County, Inc. (EOC) is the federally designated Community Action Agency for Indian River County. Charted in 1965, EOC has provided services to low-income, county residents for over forty nine years. As the Commission may know, Community Action Agencies are the local grantees for Community Services Block Grant, and operate under the Community Services Block Grant Act 1998 Reauthorization, P.L. 105-285. Required by the legislation is a tripartite Board structure; one third elected . officials, or their designees, one-third low- income representatives, and one third members of the private/ business community. Annually, EOC is required to document the Commission's appointments to its board. In past years Commissioners schedules have not allow for direct participation and have appointed designees to serve in their place. EOC respectfully request consideration of the following individuals to be appointed for a one-year term: Miriam Gross Jennifer Proper Linda McConkey Donald Hart, Sr EOC appreciates your support and looks forward to working together and helping those within our community who live in poverty and move towari�'�5glf- sufficient w_w t y.� p,� ----KilniJTt As required, please find a co (nr1� ri;sioners q copy of each individual's resume. Admi„isrre;ors,,, Attorney Sincerely, �, J twin, uni,-y;00_,�— .. . Leonar dwards Executive Director Voluntary Pre -K Head Start An Equal Opportunity Employer Ci lerg- Services Generol Services iiurnon Resources OA18 Public'vltr�rk5 C'Mfrttl3rity Services 'A D _ 61 Miriam Gross 3255 W. Brookfield Way Vero Beach, FL 32966 (772) 567-4006 OBJECTIVE: Seeking a position where my customer service skills and interest in working with people of diversified backgrounds will enable me to provide people with the assistance, accountability, and professional integrity they expect and deserve. EDUCATION AND QUALIFICATIONS: Montclair State College (now University), Upper Montclair, NJ Earned a Bachelor's Degree in Business Education 1/75 NJ Department of Education Teaching Certificate, 1/ 75 For Secretarial Studies and General Business Studies EMPLOYMENT: State of Florida 1983-2007 Please note: employment was continuous, not broken. Held various assignments and Positions within this period of time. In addition, the agency name had been changed, locations were changed, as well. My best attempt to summarize my employment is as follows: State of Florida (located at WorkForce One), Hollywood, FL 1999-2007 Employment Security Representative I- Interviewed clients, assisted them in obtaining referrals to appropriate employment leads, reviewed resumes and cover letters supplying suggestions for improvement. Provided overall guidance in employability skills and assisted them to be prepared for their interviews. Computer input and documentation of job placements as well as other data as appropriate. While at this office, from 1999-2006, was out -stationed at Sheridan Technical Center, Hollywood, FL, where I provided assistance to students and graduates of the vocational school. Gave job referrals, wrote job orders for employers. Helped plan and implement arrangements for the school's annual Job Fair, Community Services Fair, as well as other special events. Conducted Employability Skills Workshops to assist students to prepare for job interviews, discussed cover letter and resume preparation, as well as other issues they were likely to encounter when seeking employment. 62 Miriam Gross Page Two Employment Security Representative I_ in the Fort Lauderdale Office (since the office moved sometime in the 1990's) 1989- 1999 includes my work in the following areas; WAGES Specialist- Assisted clients who were receiving Aid For Dependent Children to get off the welfare rolls. Coached them, provided appropriate job referrals, sanctioned those who were not in compliance with program guidelines, provided job referrals, vouchers for clothing, transportation, childcare services, etc., to encourage their transition into the work force. Alien Labor Certification S ecialist- One of only nine specialists in the state. This Program resulted in certifying individuals from other countries to obtain Resident Ali Cards. Reviewed applications en from attorneys and employers for completion and compliance with U.S. Department of Labor guidelines, notified individuals of inappropriate entries or documentation, directed advertising to determine whether there were suitable U.S. workers who were qualified and interested in the position, obtained required documentation from attorneys or employers, prepared the files for transmittal for Tallahassee, for eventual shipment to Atlanta where the Certifying Officer could make any certification decisions. Transitional Assistance Pro am S ecialist- Worked in this program for early -release individuals from state prisons. Designed to encourage individuals to report, in order to get job referrals to help them transition into society. Provided them with stipends, in order to provide them with basic necessities, until that first paycheck could be earned. Gave job referrals, and provided guidance as warranted. State of Florida, Florida State Employment Service (initially, with subsequent agency name changes!), Fort Lauderdale, FL 1983-1989 Assisted individuals to seek suitable employment, while working with employers in their quest to locate appropriate individuals for their position vacancies. Conducted and graded state typing and dictation testing and forwarded passing tests on to Tallahassee. Also, from 1984-1985, along with a member from the State Office in Tallahassee, I traveled to several Job Service of Florida offices the "ODDS" computer , trig their employees in the use of p system, which was in effect for several years. This was a part-time function, along with my regular role as Employment Interviewer. 63 Jennifer Proper 6225 Dorchester Way Vero Beach, FL 32966 772-774-8644 Twnk5419@gmail.com PROFESSIONAL EXPERIENCE Project Ezrah, Englewood, NJ Director of Employment Services 2006 -May 2014 • Managed employment services department staff. • Created new effective on-line management tools recording candidates' resumes and job search information. • Designed and implemented community workshops for candidates. • Maintained continious contact with candidates and matched them with jobs resulting in high placement statistics. • Enhanced candidates' job search skills through resume writing, interview techniques, and social media workshops. • Created series *of computer courses for candidates, increasing their employability. • Interviewed all prospective candidates, offering customized job search strategies and other resources as needed. • Counseled and coached candidates throughout their job search. • Increased visability of organization through LinkedIn and social media. Oversaw maintenance and development of our web site. Teaneck Recreation, Teaneck, NJ 2002 -May 2014 Board of Education Art Teacher • Designed program to include religious/secular art activities. • Developed an art history multi -cultural curriculum. • Taught year-long special education classes. AT&T Solutions, Florham Park, NJ Writer/Editor 1995-1997 • Developed proposals for all phases of e -Business. • Technical Writing for RFP's received by AT&T. • Designed monthly workshops on business topics. • Produced 60 Proposals per year. • Planned and conducted team meetings, which won recognition and awards. • Managed proposal team in absence of manager. New Community Workforce Development, Newark, NJ 1993-1995 Director of Education • Directed all academic instruction and evaluation. • Established academic objectives and operational policies. • Recruited multicultural students for all programs. • Designed student computer room and reference library. • Planned and monitored education budget. • Designed strategic plan for the educational area • Wrote the organization's mission statement. • Prepared the academic institution for successful accreditation. 64 OTHER EMPLOYMENT Passaic County Community College, Paterson, NJ 1989-1993 Coordinator, Culinary Arts Department • Directed/Taught Non Credit Culinary Training Program. • Wrote grants to develop curriculum and maintained grant records. • Designed curriculum and classroom strategies for developmentally delayed students. • Recruited students for non-credit certification programs. • Developed community partnerships, and referred students to supportive services and community agencies, including: food banks and health care. • Wrote resumes, developed job referrals leading to student employment. • Designed brochure and promotional materials. • Developed and administered a community relations plan. • Adjunct professor in the science department, taught Health and Nutrition and presented health and exercise programs to the community. • Secured over $1,000,000 through grant proposals. Passaic County Community College, Paterson, New Jersey Teacher of Art • Taught after-school art programs. • Conducted community programs. Computer Processing Institute, Paramus, NJ Admissions Representative • Assisted Director in expanding marketing materials. • Interviewed potential students and parents leading to enrollment. • Developed community relations plan. • Designed recruitment materials. Hi -Core Technologies, Woodcliff Lake, NJ Sales Representative • Promoted sales of TBM Software and educational services. • Developed contract training curriculum. • Designed conference center workshops and materials. • Recruited and managed office staff. New Jersey Devils, East Rutherford, NJ Sales/ Fundraising • Designed and implemented telemarketing plan. • Established fundraisers with community organizations. • Promoted sales of season tickets and VIP programs. • Increased corporate sales/fundraisers by 25%. EDUCATION Drew University, Madison, NJ, Doctorate 2006 William Paterson College, Wayne, NJ, MA, Education/Community Affairs William Paterson College, Wayne, NJ, BA Art Education with permanent NJ certification Fashion Institute of Technology /SUNY, NY, AA Textile Design Computer Skills: Word, Excel, Power Point, and Social Media 2 6.5 180 Coral Lane Vero Beach, FL 32960 Linda McConkey Education Phone: 772-532-1314 E-mail verolindarae(a)-yahoo.com Associates of Art degree Indian River Community College (Education) May 1998 CDA- A competency based program for Child Development National Accreditation Program 1990 Graduate of Vero Beach High School 1970 Continuing in-service trainings provided by Indian River County Schools Workshops offered by Florida Association of Educational Office Professionals Continuing training with Florida Children's Forum Trainer for Birth to 3 Florida Standards and VPK Florida Performance Standards Experience Teacher of Pre -School age children Maitland Farm Pre -School 1980-1985and 1987-1990 Director of Christian Education Christ Methodist by the Sea Coordinated all church educational activities 1985-1987 Worked with Mother's Day out Program First Baptist Church Kindergarten Sunday school Teacher First United Methodist Church Junior High youth counselor First United Methodist Church Assistant Instructor for Lamaze childbirth Senior counselor St. Edward's Summer Camp Program Pre -K Early Intervention teacher (demonstration classroom) Osceola Elementary and Rosewood Elementary 1990-1994 GT Summer School Secretary Indian River County schools 1992, 1993, 1994 Receptionist / Doctors Assistant Dr. Arthur Labella part time 1994-1996 Guidance Secretary Sebastian River High School 1994-1996 Administrative Assistant to the Executive Director of Secondary Education and Instructional Programs 1996-1998 Supervisor of Indian River County Schools District Extended Day Program 1998-2003 Agriculture and Labor Program (ALPI) Early Childhood & Inclusion Resource Specialist for Indian River County 2003 — 2005 Partners in Education and Research for Kindergarten Success (PERKS) Specialist for the Florida Children's Forum Early Learning Coalition of Indian River, Martin and Okeechobee Counties July 2006 —2008 Resource Coordinator for Early Learning Coalition of Indian River, Martin and Okeechobee Counties July 2005 to July 2006 July 2007 to present Awards Indian River County School District Non Instructional Employee of theYear1993-1994 Organizations Indian River County Educational Office Professional member Indian River County Educational Office Professional Secretary 1997-1996 Indian River County Educational Office Professional President 1998-1999 Early Childhood Association of Florida member School Readiness Coalition member for Program Development, Assessment, and Curriculum committees Parent Teacher Education Partnership Committee of Indian River County NAEYC member 67 References Elizabeth Appleton 32219 Fishhook Loop Wesley Chapel, FL 33545 -gator girbellsouth.net 772-485-9940 Lynn Hartle, Ph.D. Early Childhood Teacher Education University of Central Florida PO Box 161250 Orlando, FL 32816-1250 Ihartle(a--)mail. ucf.edu 407-823-4163 Ms. Beverly G. Esposito, PhD Professional Development The Children's Forum 2807 Remington Green Circle Tallahassee, FL 32308 Phone 850-681-7002 68 Donald R. Hart Sr. 4295 45th Lane Vero Beach, Florida 32967 Mobile: 772-633-4642 Home: 772-564-9019 Email: hartdonald(c�bellsouth net Objective: Seeking a position that enables me to either develop or join a fraud investigation and prevention unit in a banking institution by applying my twenty-five years training as a law enforcement office to help the organization reduce fraud related expenses; hence, increase its' current revenues. Experience: 05/1986 -Present: Indian River County Sheriff's Department, Vero Beach, Florida Positions Held: 05/1986-06/1989: Corrections Deputy • Attended to inmate needs • Ensure that inmates were safe • Enforce Prison regulations, procedures and protocols 06/1989 — Present: Law Enforcement Deputy • Uniform Patrol o Enforcing the laws of the Florida state statues and Indian River County Ordinance • Community Policing o Enhance the relationships between law enforcement and the community o Task with creating programs that would prevent crimes, community events for children, and landlord—tenant relationships • Drug Detective o Duties included management of case files o Eradicating drug activities o Doing surveillance to get warrants in order to develop strong cases against drug dealers o Do undercover work by posing as a buyer or seller to capture drug users and drug dealers o Put cases together in order to get suspects prosecuted. 69 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA�.— AGENDA ITEM Assistant County Administrator / Department of General Services Date: October 26, 2016 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Jake Owen Foundation's Request to Utilize Sampson Field to Support Charity Event On December 9, 2016 ISA%, &kNKV U 1N li' The Jake Owen Foundation is requesting permission to utilize Samson Field at the 16th Street Ballfield Complex in support of a charity event scheduled for December 9, 2016. The event is known as the 10th Annual Jake Owen Foundation Benefit Concert — A Jake Owen Intimate Performance at the Vero Beach High School Performing Arts Center. Prior to the performance, the event organizers plan to invite approximately 150 guests to a VIP Reception under a tent at Sampson Field. The request includes use of the grounds, ballfield lights, and permission to serve alcohol from 4:30 p.m. to dusk. Although County Code Section 205.03 generally prohibits the consumption of alcohol at recreational facilities, the limited use presented by this special event seems appropriate for waiver. The applicant has agreed to comply with County Code Section 205.09(1) which sets forth criteria for permitting the consumption of alcohol at other designated venues throughout the County provided that: (a) The applicant holds all required state alcoholic beverage licenses; (b) The applicant has made adequate plans, and is ready, willing and able to implement such plans, for security or police presence; (c) The applicant has obtained liability and any other insurance required by the county risk manager, and has provided certificates evidencing such insurance, in amounts and all other respects acceptable to the county risk manager; (d) The applicant has met all other conditions determined by the department to be necessary to protect the health, safety and welfare of the residents of Indian River County, in light of the planned event or activity; and (e) The applicant has paid the required fee as established by the department. FAAssistant County Administrator\AGENDA ITEMS\2016\13CC 11 NOVEMBER 2016\BCC MEMO - Jake Owen Foundation Charity Event Dec 9-2016.doc 71 The Foundation has submitted a written request, which is attached. The details of the request demonstrate an intent to comply with the criteria set forth above; however, given the nature of the charitable cause, a waiver of the nominal fees for field usage and lights appears reasonable. RECOMMENDATION: Staff respectfully recommends that the Board authorize the Indian River County Parks Division to issue the permit herein requested, waive any field and light rental charge, and waive the alchohol consumption prohibition under County Code Section 205.03 for the Event. ATTACHMENT Letter of Request from Jake Owen Foundation FOR: November 8. 2016 Indian River County Approve Date AdministrationIl 3 (�0 County Attorney Budget S —L� Department c Risk Management FAAssistant County Administrator\AGENDA ITEMS\2016\BCC 1 I NOVEMBER 20161BCC MEMO - Jake Owen Foundation Charity Event Dec 9-2016.doc 72 Indian River County Parks Division - EVENTS AT PARKS 5500 77' Street Vero Beoch, F! 32967 Phone (772) 589-9223 www.ircaov.com/oorks PERMIT APPLICATION FOR INDIAN RIVER COUNTY PARKS I hereby request the use of the following location: Name of Park or Facility: 16th Street Ballfield Complex / Samson Field Park Address: 1900 16th Street Vero Beach Florida 32960 Proposed date(s): December 9 2016 Set-up Time: TBD Event Time: 6:00pm-7:30pm Clean-up Time: Name of group, organization or individual: Jake Owen Foundation Profit X Non -Profit Name of Applicant: Michele L. Cope Website: www.chevents.com Address: C & H Events Inc. 160 W. Camino Real #231 Boca Raton FI 33432 Applicant's Contact Number: 561-394-9190 Email: MLCope@chevents.com Event Name: 1611 Annual Jake Owen Foundation Benefit Concert Expected number of people attending the event: 150-170 Type of Event: Charity benefit music concert for various youth organizations in Indian River County, Florida including the Boys & Girls Club of Indian River County, Hibiscus Children's Center and Mardy Fish Children's Foundation as well as the St. Jude Children's Research Hospital. Proposed Activities: Parking for event, set-up of 40X 40 rented tent (will ensure meets all guidelines). Use of lights: December 9th, 4:30pm to midnight. Concert should end no later than 11:00pm. Limited tables and chairs -it is a reception, thus more of a flow. Food and beverages will be provided by Riverside Cafe. There is no sales of food & beverage. Silent auction Application Date: Signature of Officer or Agent of Organization. APPROVAL: Event agreement for use of a County Park has been approved, subject to the conditions stated herein: Date 73 Date: December 9, 2016 The Event, 101" Annual Jake Owen Foundation Benefit Concert - A Jake Owen Intimate Performance at Vero Beach High School Performing Arts Center in Vero Beach. Florida. Beneficiary: Jake Owen Foundation The Jake Owen Foundation was created to offer its support on a national level to children battling cancer and other childhood diseases through St. Jude Children's Research Hospital while also lending its support to youth organizations and various charities in Owen's hometown area of Indian River County, FL. Through. The local organizations benefiting from Jake's annual benefit concert assist youth with illnesses, shelter, food, education. health and fitness, the arts and the opportunity to better themselves through various programs and organizations. Indian River County organizations that have benefited from the Jake Owen Foundation include Boys & Girls Club of Indian River Country, Hibiscus Children's Center, Mardy Fish Children's Foundation, Youth Guidance Donation Fund of Indian River County Inc., Indian River Golf Foundation, Scholarship Foundation of Indian River County and Education Foundation of Indian River County, Inc. To date the Jake Owen Foundation Benefit Concert (2012, 2014-2015) and Mardy's Tennis & Jake's Music Fest (2006-2011) has raised $1,25M with more than 80% being donated to Indian River County organizations. Request: Use of Samson Field for Jake Owen Foundation Benefit Concert VIP Reception Event Time: 6:00 p.m. — 7:30 p.m. (by invitation only) # of Guests: 150-170 Set-up/Breakdown: Set-up TBD but could be December 811, and breakdown December 91". Please confirm K we can use field for set-up/breakdown dates too Will make effort to have set-up on December 91". Use of Lights: December 91 4:30 p.m. (dusk) to midnight. Concert should end no later than 11:00 p.m; however, we want to ensure everyone has exited. Additional parking if necessary Requested by: Jake Owen Foundation Set-up: 40 x 40 rented tent — will ensure meets all guidelines Limited tables and chairs — it is a reception, thus more of a flow. Food and beverages will be provided by Riverside Cafe. There is no sales of food & beverage. Silent Auction Insurance: EvenWake Owen Foundation will add County as additional insured as well as follow all required guidelines. Security: We will have security guards present for hours of operation as well as police during the VIP Reception. Guests will not allow to leave the VIP Reception premises with any alcoholic drinks. Management: C & H Events, Inc. www.chevents.com Michele L. Cope MLCope aachevents.com Event Director 561.394.9190 C & H Events, Inc. 160 W. Camino Real, #231 Boca Raton, FL 33432 Phone 561.394.9190 website www.chevents.com 74 Date: December 9. 2016 The Event: The Jake Owen Foundation Benefit Concert provides companies and individuals with cause - related marketing and entertainment benefits along with a strong community association. Since 2006, Platinum -Certified RCA Nashville Recording Artist Jake Owen has held this annual charity concert to benefit St. Jude Children's Research Hospital and youth organizations in Owen's hometown of Indian River County, including, the Boys & Girls Club of Indian River County, Hibiscus Children's Center and Mardy Fish Children's Foundation. The 2016 Jake Owen Foundation Benefit Concert will be an intimate performance with country superstar Jake Owen and his band at the Vero Beach High School Performing Arts Center in Vero Beach, Fla. A VIP Reception with silent auction for sponsors will precede the Concert. Beneficiary: Jake Owen Foundation Founded in 2010, the Jake Owen Foundation was created to offer its support on a national level to children battling cancer and other childhood diseases through St. Jude Children's Research Hospital while also lending its support to youth organizations and various charities in Owen's hometown area of Indian River County, FL. Through Jake's association within the country music community, he has had the opportunity to visit children and families at St. Jude Children's Research Hospital in Memphis. TN, who are benefiting from the extensive research and patient -care the hospital provides. Once a patient is accepted, St. Jude covers all the medical costs beyond those covered by insurance, and families without insurance are never asked to pay. The local organizations benefiting from Jake's annual benefit concert assist youth with illnesses, shelter, food, education, health and fitness, the arts and the opportunity to better themselves through various programs and organizations. Indian River County organizations that have benefited from the Jake Owen Foundation include Boys & Girls Club of Indian River Country, Hibiscus Children's Center, Mardy Fish Children's Foundation Youth Guidance Donation Fund of Indian River County Inc., Indian River Golf Foundation, Scholarship Foundation of Indian River County and Education Foundation of Indian River County, Inc. Event Site: Vero Beach High School Performing Arts Center Vero Beach, Florida 2016 Artist: Event Host Jake Owen Format: VIP Reception Friday, December 9, 2016 from 6:00 p.m. — 7:30 p.m. Join Event Host Jake Owen for drinks, hors d'oeuvres and silent auction. (By Invitation Only) Doors Open to Public: Friday, December 9, 2016 at 7:00 p.m. Concessions, merchandise and raffle. Concert: Friday, December 9, 2016 at 8:00 p.m. Event Host Jake Owen. Promoter: C & H Events, Inc. www.chevents corn Michele L. Cope MLCooeCachevents.con-, Event Director 561.394.9190 C & H Events, Inc. 160 W. Camino Real, #231 Boca Raton, FL 33432 Phone 561 394.9190 website �&ww.chevents.com 75 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney CONSENT: 11/8/16 Qffi of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney` DATE: October 31, 2016 l ATTORNEY SUBJECT: Resolution Cancelling Taxes on Property Quit -Claimed by Indian River County to the City of Fellsmere A resolution has been prepared for the purpose of cancelling any delinquent or current taxes which may exist on the below listed property. Indian River County took title to the below listed property by virtue of an Escheatment Tax Deed and thereafter quitclaimed the property pursuant to Section 197.592(3), Florida Statutes, to the City of Fellsmere because it was located within the municipal boundaries of the city: Tax Parcel I.D. # 31-37-00-00002-0000-00005.0 Description/Location: 12960 100th Place, Fellsmere, Florida 32948 Lots 5 and 6, Lincoln Park Subdivision Instrument: County Deed, recorded in Book 2974, Page 549 Public Purpose: Stormwater site FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel certain taxes upon publicly owned land, and the Clerk to send a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: Resolution Letter from Fellsmere City Attorney cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser Approved for November 8, 2016 BCC Meeting �z� X5 COUNTY ATTORNEY Indian River Co. App! ed Date Admin. 11 3 Co. Atty. Budget Department Risk Management 76 Parcel # 31-37-00-00002-0000-00005.0 12960 1001h Place, Fellsmere, FL 32948 Lots 5 and 6, Lincoln Park Subdivision quit -claimed from Indian River County (via escheatment tax deed — F.S. 197.592(3)) public purpose: stormwater site RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 77 RESOLUTION NO. 2016 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FLORIDA, that: OF INDIAN RIVER COUNTY, Any and all liens for taxes delinquent or current against the following described lands located within the municipal boundaries of the City of Fellsmere, which were quit -claimed to the City of Fellsmere from Indian River County under authority of Section 197.592(3), Florida Statutes, for use by the municipality as a stormwater site, are hereby cancelled pursuant to the authority of section 196.28, F. S. See attached County Deed to City of Fellsmere, Florida describing lands, recorded in Book 2974 at Page 549, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan 2 , and, upon being put to 78 RESOLUTION NO. 2016 - The Chairman thereupon declared the resolution duly passed and adopted this day of November, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Tax Certificates Outstanding Current Prorated Tax Received and Deposited with Tax Collector Yes No 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 79 120160059875 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL IK: 2974 PG: 549,10/20/2016 3:56 PM D DOCTAX PD 50.70 Prepared by: Office of County Attorney 1801 27`^ Street Vero Beach, FL 32960 772-226-1425 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 18th day of October, 2016, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, party of the second part, whose mailing address is 22 S. Orange Street, Fellsmere, Florida 32948. WITNESSETH that the said party of the first part, in compliance with Section 197.592(3), Florida Statutes, has granted, bargained, conveyed and sold to the party of the second part, its successors and assigns forever, the following described land lying and being in Indian River County, Florida: Lots 5 and 6, Lincoln Park Subdivision, as recorded in Plat Book 1, Page 60, Public Records of Indian River County, Florida. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of By its Board of County Commissioners Court and mptroller By. D puty CI Bob Solari, Chairman . �. BCC approved: October 18, 2016 APPROVED AS TO FORM (Official Seal) AND LEGAL SUFFICIPMY BY LAN REINGOLD COUNTY ATTORNEY 80 il Joel Tyson, Mayor Jason Nunemaker, City Manager CuI.iv8t e. filu Lure. W . . October 17, 2016 VIA ELECTRONIC MAIL• nmoscaIWircgov com Nancy H. Mossali, Legal Assistant Office of County Attorney Indian River County 1801 27`h Street Vero Beach, Florida 32960 RE: Escheatment Tax Deed Lots 5 and 6 Lincoln Park Subdivision Plat Book 1, Page 60 Our File No. 99-010-16 Dear Nancy: Thank you for your email of October 12, 2016 advising that Indian River County will be conveying the above described vacant lots to the City by County Deed. As stated in Jason Nunemaker's email of October 12'h the City anticipates using this property as a stormwater site. When the City receives these lots they will be free and clear of all taxes and liens of record. See Sections 197.502(8) and 197.592(3) F.S. Pursuant to the Constitution of the State of Florida Article VII Section 3(c) "all property owned by a municipality and used exclusively by it for municipal public purposes shall be exempt from taxation". This property will be used for a municipal purpose. Please remove these lots from the tax rolls. Please advise if there is anything else the City needs to do to have this property removed from the tax rolls. Thank you in advance for your assistance, I remain Very trul yours, Warren W. Dill City Attorney WWD/jlb cc: Jason R. Nunemaker, City Manager Putnam Moreman, CPA, CGFM, Director of Finance Debbie Gee, Tax Director (00048526.DOCX.1 } 22 South Orange Street Fellsmere, Florida 32948-6700 Phone: 772-571-1616 Fax: 772-571-8615 81 INDIAN RIVER COUNTY, FLORIDA it,yl �i DEPARTMENT OF UTILITY SERVICES �M Date: October 27, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Aw Subject: Final Pay and Release of Retainage to Mack Concrete Industries, Inc., for a New Package Wastewater Treatment Plant at Blue Cypress Lake — UCP #4102, Bid No. 2015044 DESCRIPTIONS AND CONDITIONS: On July 14, 2015, the Indian River County Board of County Commissioners (BCC) awarded the contract for the New Package Wastewater Treatment Plant at Blue Cypress Lake to Mack Concrete Industries, Inc. at a cost of $314,000.00. The Certificate of Substantial Completion was issued on May 31, 2016. ANALYSIS: Mack Concrete Industries has installed the New Package Wastewater Treatment Plant at Blue Cypress Lake on time and under budget, and is requesting a final release of retainage. To date, Mack Concrete Industries has been paid $245,600.87. Payment in the amount of $42,926.36, including release of retainage, will complete the County's obligation to the contractor. The project came in $25,472.77 under budget. FUNDING: Funds for this project are derived from the capital budget in the operating fund. Operating funds are generated from water and sewer revenues. Description Account Number Amount Blue Cypress Lake New Package Plant 471-169000-14503 $30,000.00 Blue Cypress Lake — Retainage 471-206000-14503 $12,926.36 RECOMMENDATION: Staff recommends that the BCC approve the Final Pay Application No. 4 in the amount of $42,926.36 to Mack Concrete Industries, Inc. ATTACHMENT(s): 1. Pay Application No. 4 APPROVED FOR—AGENDA: 'r By: ( � �— \ ,— Jason E.jBrowo, County Administrator For Indian River Co. Appro ed Date Administration Legal Budget jl 3 6 Utilities Utilities -Finance io _�� Date F:\Utilities\UTILITY - Engineering\WASTEWATER\WWTF - Blue Cypress\New Package Plant - UCP 4107\Admin\Agenda-Final Pay to Mack 10-27-16.doc 82 APPLICATION FOR PAYMENT N0. �1 '� �„vA4_ r C -DIVED To: Indian River County Department of Utilities Services (OWNER) OCT :2 7 2016 From: fjAftV- CB v', orzTTe -TNh t',,v c- (CONTRACTOR) BY: Contract: KI K K, ROAloA& Project: Blue Cypress New Replacement Package WWTF OWNER's Contract No. UCP # 4107. ENGINEER's Project No. 1341 For Work accomplished through the date of: 'Tilly 29T201& 2. 3. 4. 5. L:1 8. Original Contract Price: Net change by Change Orders and Written Amendments (+ or -) Current Contract Price (1 plus 2): Total completed to date Retainage (per Agreement): _ 0 % of completed Work: Total Retainage: Total completed to date less retainage (4 minus 5): Less previous Application for Payments: $ 3y� oou $ 3 op $ s '•a 3 $ _.'$� l � 3 $_26,00.9-7 DUE THIS APPLICATION (6 MINUS 7): $_ 4 Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances; (2) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (3) the labor. and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last progress payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below: Dated 1 I I V1 1(o State of G L County of LA f-5 Subscribed and sworn to before me this day of . T"A -i _, 20A Law Notary Public My Commission expires:�' Ito a Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated 1 — L--- - ` - -ENGINEER By: Lar 1 i1. Nla.sW IPf, PE&&F..Pl-e3id e4 EJCDC No. C -700-E (2002 Edition) /�!`QS}��p�� - /'O'e-r VCC Prepared by the Engineers Joint Contract Documents Committee and endorsed by a Associate eneral Contractors or Am rtca and the Construction Spec&ation Institute. ��SDS 00810-s 83 �:EXPIRES: MY COMMISIGN / /IFF 160213 N't. September 16, 2018 SW6d Thru Notary Public Undembrs Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated 1 — L--- - ` - -ENGINEER By: Lar 1 i1. Nla.sW IPf, PE&&F..Pl-e3id e4 EJCDC No. C -700-E (2002 Edition) /�!`QS}��p�� - /'O'e-r VCC Prepared by the Engineers Joint Contract Documents Committee and endorsed by a Associate eneral Contractors or Am rtca and the Construction Spec&ation Institute. ��SDS 00810-s 83 84 n r r r N n N n O c N N to E 63 V3 V3 1.113 b4 63 V3 64 6) 603 63 V) Eli V) V4 V3 64 V3 63 63 63 63 63 �..� lU 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000 0 O O O N 0 0 0 0 0 0 0 0 0 0 O O 61 ET 0 aU 0 0 0 0 0 90 0 0 0 0 0 0 0 0 0 0 09 0 m _o Cl) N 0 0 0 0 0 0 0 0 0 0 t 0 N n 0000000000 (D (O N a�0000000000 n r LO N O O N m m (D t0 to 0 0 Cl) m N m r n N a7 0 ET N 0 0 V3 63 VR 64 63 63 63 64 63 63 Vi V9 V3 64 63 64 63 64 63 V3 64 V3 63 V3 a o� 2 00000000 m Cl) O 00000 00000 0 0 0 0 0 0 � N N a COONmm(D 0 V) r n, N W n n Cl) N N N U mi E - U1. N 0Q a� � E 7 0 U O O O N L 2-0 C -. O 00 00 O O O O .T N U C 0 C 0 C O E - N Cl) 0 UQ 64 �q 63 O o 0 0 0 0 00 0 0 0 n m O O 0000000 0 0 0 o r o O O O O O O O 0 60 O N (O N O 00 0000000oo00vr 0 0 0 0 0 0 0 0 0 r (D (D r O o O - N O N ('i m N m EO L� r n to N Ul- 0 COm t0 N m m 7 j63 V9 63 6) 64 63 64 63 V4 64 63 63 63 69 64 64 63 64 64 6% 63 63 63 64 C N N W 7 U 0 o 0 0 0 O o 0 o 0 o r m O 0000000000or� 0 0 0 0 0 0 0 0 0 0 0 N U] N O O O O O o 0 0 0 o o r (D ( 0 O O o Ci 0 C C C 0 0 C V r n SOON m m 0 t010 (Ot00 t0 m ... V r NM -t-- - N m N d V3 V3 63 (H 63 63 64 64 69 V} EA 64 b4 63 N (/ (n N N N N Vl h N U U) _O W N (n C O O U'� N N Em U 6 > y o C Y N U N 0 C 0 cr,> E p C j 02 w a.0 a s C� d w E Clc c0 V m m -0E N c N 2 0m U N CY D C N O U U ' O L -O O C C_0 C C n 7 N j _ N O U O N 0 ul C C U_ C O C� L O (p 3 0> N C m U N .� .0 a c o W Cr O .� _ C C tU o "O NU - U c U LL m d O _ c � pu.N a- cy a(La -a3 _ E E�7UU-o C. W:E U) 00W UQ a7 c0 F E 84 INDIAN RIVER COUNTY, FLORIDA MEMORANDUMV TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, County Engine e FROM: Michael D. Nixon, P.E., Roadway Production Manager,1�41 SUBJECT: Award of Bid No: 2017009 Stn Street Sidewalk Improvements (58th Avenue to 211t Court) DATE: October 13, 2016 DESCRIPTION AND CONDITIONS On June 21, 2016, the Board of County Commissioners approved a Local Agency Program Agreement FM No. 431733-1-58 / 68-01 with the Florida Department of Transportation (FDOT) for the construction of a 5 -foot wide concrete sidewalk and minor drainage modifications along the north side of 8th Street from 58th Avenue to 21St Court, a length of approximately 2.5 miles. The LAP Grant will provide up to $455,243.00 reimbursement of the eligible construction cost which includes construction engineering inspection (CEI) services. The County will fund the remaining construction cost The bid opening was held on September 14, 2016. Two (2) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Timothy Rose Contracting, Inc. Vero Beach, Florida $575,858.97 Gibbs & Register, Inc. Winter Garden, Florida $670,555.00 Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $575,858.97. Timothy Rose Contracting, Inc., has completed various construction projects for the County and has consistently performed work in a satisfactory manner. Timothy Rose Contracting, Inc. bid of $575,858.97 was above the Engineer's estimate of $489,720.20. FUNDING The federal funds appropriated for this FDOT LAP grant are in the amount of $406,467.00 for construction and $48,776.00 for construction engineering inspection (CEI) services totaling $455,243.00. Funding is budgeted and available from Optional Sales Tax Account No. 31521441-066510-13006, 81h Street Sidewalk (58th Avenue to 21s' Court). The maximum construction cost matching funds in the amount of $169,391.97 will be required. 85 F:\Public WorkS\ENGINEERING DIVISION PROJECTS\I049_8th St Sidewalk Improvements (58th Ave to 21 st Court)\Admin\agenda items\BCC Agenda Award of Bid 10-11-16.doc Page 2 Award of Bid No: 2017009 8th Street Sidewalk Improvements (58th Avenue to 21s' Court) RECOMMENDATION Staff recommends that the project be awarded to Timothy Rose Contracting, Inc., in the amount of $575,858.97 and requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS 1. Sample Agreement DISTRIBUTION 1. William Scott, Road & Bridge Superintendent 2. Timothy Rose Contracting, Inc. APPROVED AGENDA ITEM FOR N ember 8 6 BY - v. -- Indian River County Appro Date Administration (T�/i 3 Budget l' V l / LD Legal V ('92'.C -lb Public Works � Z6/16 Engineering Purchasing F:\Public Works\ENGINEERING DIVISION PROJECTS\I049_8th St Sidewalk Improvements (58th Ave to 21st Cow1)\Admin\agenda items\BCC Agenda 86 Award of Bid 10-11-16.doc SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1 - WORK.................................................................................................................................2 ARTICLE 2 - THE PROJECT .............................................2 ARTICLE 3 - ENGINEER h ......... ..............................2 ARTICLE 4 - CONTRACT TIMES ....................................... ........................ ...............2 ARTICLE 5 - CONTRACT PRICE 3 ARTICLE 6 - PAYMENT PROCED ARTICLE 7 - INDEMNIFIGA ION ........... ........................................................................5 ARTICLE 8 - CON RACTOR' - P TIONS......................................................................5 ARTICLE9 - CON TCt h. r• UME :.....................................................................................6 ARTI''E 10 MISCEL US.........................................................................................................8 P (THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE 00520-1 87 F:\Public Works\ENGINEERING DIVISION PROJECTS\1049_8th St Sidewalk Improvements (58th Ave to 21st Court)\Admin\bid documents\LAP Documents100520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (nereinatter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project will consist of the construction of a 5' wide concrete sidewalk and minor drainage modifications along the north side of 8"' Street.between 58th Avenue and 21 sl Court, a length of approximately 2.35 miles. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: 8T" STREETtSIDEWALK IMPROVEMENTS FROM 58TH AVENUE TO 21ST COURT County Project Number: 1049 FM Number: 431733-1-58-01 Bid Number: 2017009 Project Address: 8th Street from 58th Avenue to 21St CourtVero Beach ,� .. Florida 32960 ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 150' calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE 00520-2 88 pp F'\Public Works\ENGINEERING DIVISION PROJECTS\1049 8th St Sidewalk Improvements (58th Ave to 21st Court)\Admin\bid doc88 uments\LAP Documents\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE.doc General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 1801 calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,584.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the. Work is substantially complete. After Substantial Completion, if CONTRACTOR ;shall neglect, refuse, or fail to complete the remaining Work within the Contract Time o.y proper extension thereof granted by OWNER CONTRACTOR shalla OWNER p y 1 .00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and ;readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 4 5.01 OWNER shall pay, CONTRACT O 'for completion 'of the Work in accordance with the Contract Documents,' an amount in current funds equal to the sum of the amounts determined pursuant to paragraph°5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE 00520-3 89 F:\Public Works\ENGINEERING DIVISION PROJECTS\1049 8th St Sidewalk Improvements (58th Ave to 21st Court)Wdmin\bid documents\LAP Documents\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE.doc Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. 111 q A. Each request for a progress ' .' ` g payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on'the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number_ of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely 'remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) w CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02. and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE 00520-4 F:\Public WorksIENGINEERING DIVISION PROJECTS11049 8th St Sidewalk Improvements (58th Ave to 21st Court)WdmiMbid documents\LAP Documents\00520 - 90 Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE.doc the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the. Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with' and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE 00520-5 91< F:\Public Works\ENGINEERING DIVISION PROJECTS\1049_8th Sl Sidewalk Improvements (58th Ave to 21st Court)VAdmin\bid documents\LAP Documents\00520 - Agreement (Public Works) FOR IAP PROJECTS ONLY SAMPLE.doc I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following This Agreement (pages 00520-1 to 00520-1( 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 4. Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6, inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-44, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Devision 2 (Technical Specifications); f 12. Drawings consisting of a cover sheet and sheets numbered 2 through 64, inclusive, with each sheet bearing the following general title: 81' ST. SIDEWALK IMPROVEMENTS; 13. Addenda (numbers to , inclusive); 14. Appendices to this Agreement (enumerated as follows); Appendix A — Title VI/Nondiscrimination Policy Statement Appendix B - Indian River County Fertilizer Ordinance Appendix C - Federal Required Contract Provisions Appendix D - FHWA 1273 Appendix E - Permits Appendix F — Indian River County Traffic Division Special Conditions for Right -Of -Way Construction 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE 00520-6 F:\Public WorkskENGINEERING DIVISION PROJECTS\1049 8th St Sidewalk Improvements (58th Ave to 21st Court)Wdmm\bid documents\LAP Documents\00520 - 92 Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE.doc 15. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive); 16. Bid Bond (page 00430-1); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (pages 00456-1 to 00456-4, inclusive); 20. List of Subcontractors (page 00458-1); 21. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; 22. 23 24 c) Change Order(s); d) Notice of Award; DBE Bid Package Information (pages 470-1 to 470-9, inclusive); Non -Collusion Affidavit (page 00472); Certification for Disclosure of Lobbying Activities on Federal -Aid Contracts (pages 00474-1 to Q9474-,j,;inclusive); 25. Certificate, Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions (page 00476); 26. Certification of Non Segregation & Non Discrimination (pages 00490-1 to 00490-2, Inclusive); 27. Buy America Certificate of Compliance (page 00492); 28. Drug Free Workplace Certification (page 00494); 29. LAP Certification Capacity / Status of Contracts on Hand (pages 00496-1 to 00496-2, inclusive); 30. Certification of Sublet Work (pages 00500-1 to 00500-2, inclusive); 31. U.S. Department Of Labor Wage Determination — FL150213; 32. Federal Highway Administration Form 1273 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE 00520-7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1049_8th St Sidewalk Improvements (58th Ave to 21st Court)\AdmiMbid documenls\L4P Documents\00520 - 93 Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE.doc ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and, unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 4>-> 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE 00520-8 F \Public WorksIENGINEERING DIVISION PROJECTSN049_8th St Sidewalk Improvements (58th Ave to 21st Court)tAdminWd documents\LAP Documents100520 - 94 Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE.doc by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible, with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: s, 772 226-1424 pu bl icrecords(d)-i rcgoy.com Indian River County Office of the County Attorney 1801 27t1 Street Vero Beach, FL 32960` C Failure of the Contractor to comply with these requirements shall this Agreement. be a material breach of _s page was left blank intentionally] 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE 00520-9 F:\PublicWorksENGINEERING DIVISION PROJECTS\1049_8th St Sidewalk Improvements (58th Ave to 21st Court)Wdmin\bid documents\LAP Documents\00520 - 95 Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY 0 Bob Solari, Chairman By: (Contractor) By. (CORPORATE SEAL) Jason E. Brown, County Administrator est APPROVED AS TO FORM AND. SUFFICIENCY: la Dylan Reingold, County Attorney Jeffrey K. Barton, Clerk of Court Attest: Deputy Clerk (SEAL)A- i\ f, Designated Representative: Name: James W. Ennis, P.E.; PMP Title: County Engineer 1801 27th Street Vero Beach, Florida 32960'' (772) 226-1221 Facsimile: (772) 778-9391 LEGAL'` Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE 00520-10 96 F.\Public Works\ENGINEERING DIVISION PROJECTS\1049 8th St Sidewalk Improvements (58th Ave to 21st Court)Wdmin\bid documents\LAP Documents\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY SAMPLE.doc JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271h Street Vero Beach, FL 32960 Telephone: (772) 226-1945 October 28, 2016 Honorable Bob Solari, Chairman and Indian River County Board of County Commissioners 180127 th Street Vero Beach, FL 32960 Dear Chairman Solari and County Commissioners: Enclosed please find our check in the amount of $31,362.46 which represents excess fees for non - court operations in the amount of $30,752.40 plus workers compensation premiums owed for the month of September to the Board in the amount of $610.06. We thank the Budget Department and Board staff for their continued support. We also appreciate the Board's assistance with the renovations and future expansion of our courthouse. Should anyone have any questions on the attached report, please contact me at extension 3157or Diane Bernardo at extension 1205. Sincerely, 2evy /RSmith., CPA, CGFO, CGMA Clerk of Court and Comptroller Cc: Jason Brown, County Administrator Mike Smykowski, Budget Director Diane Bernardo, Finance Director Cindy Carlsward, Court Operations Director 97 INDIAN RIVER COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL GENERALFUND FOR THE YEAR ENDED SEPTEMBER 30, 2016 REVENUES NON COURT OPERATIONS REVENUE COURT OPERATIONS REVENUE MISCELLANEOUS REVENUES TOTALREVENUES EXPENDITURES PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES FINAL BUDGET $ 1,228,000 $ 3,026,983 18,900 4,273,883 OTHER FINANCING SOURCES (USES) TRANSFERS FROM BOARD OF COUNTY COMMISSIONERS TRANSFERS TO BOCC TRANSFERS FROM SPECIAL REVENUE FUND TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10/01/15 FUND BALANCES 9/30/16 I, Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller of Indian River County, Florida, do hereby certify that the foregoing are true and accurate annual reports of all official expenses and net income and unexpended budget balances as of the close of the fiscal year ended September 30,2016 1 have hereunto set my official seal this date, October 28, 2016. GPO - Jeff ' , Jerk of Circuit dourt and Comptroller 4,377,772 714,570 92,662 5,185,004 GENERALFUND 14,488 VARIANCE 475 FAVORABLE ACTUAL (UNFAVORABLE) 1,225,820 $ (2,180) 3,037,997 11,014 22,470 3,570 4,286,287 12,404 4,363,284 14,488 714,095 475 89,277 3,385 5,166,656 18,348 (880,369) 30,752 911,121 - (30,752) (30,752) 880,369 (30,752) 98 '`OMP'Ro Jeffrey RSmith Y . Wells Fargo bank, Vendor Check Check Clerk of the Circuit Court & Comptroller N.A. Number Date Nrlrnher Indian River County, Florida 11-24/1210 77 10/26/2016 1069 P.O. Box 1028 Vero Beach, FL 32960 VOID 180 DAYS FROM DATE OF ISSUE $31,362.46 'Thirty-one Thousand Three Hundred Sixty-two Dollars and 46 Cents* Pay INDIAN RIVER COUNTY BOARD OF COUNTY To the COMMISSIONER Order Of -0000 / 4w MP MP 11'00001OP-9111 1: 1 2 1000 2481: 26 58 50 1099 76E11' ------- ----------------------- -- -- - - - - ------------,. _. ------ .- -- -------- Jeffrey R. Smith Clerk of the Circuit Court & Comptroller, Indian River County, Vero Beach, Florida PAGE: 1 OF 1 CHECK NUMSER: 00001069 nINVQI( `DINE' �'�s INVQICE-NVMBER— - ,--r -- — DESCRIPTION 7, I Q a 10/24/2016 EXCESS FEES EXCESS FEES $31,362.46 GL#:010 - 208008 E Si $935.01 GL#:050 - 208008 $29,817,39 GL#:050 - 208008$91.60 GL#:060 - 208008 $420.01 GL#:129 - 208008 u%, C $54.94 GL#:131 - 208008 $1.09 GL#:132 -_208008 $36.42 77 INDIAN RIVER COUNTY BOARp OF . QUNTY... 1069 10/26/2018 $314,382,46` �9 IIS October 31, 2016 Jason Brown, Administrator Indian River County 1801 27th Street Vero Beach FL 32960 Dear Mr. Brown, �! r� David C. Nolte, ASA INDIAN RIVER COUNTY PROPERTY APPRAISER WE ARE HERE TO SERVE YOUI 1800 271h Street o Vero Beach, FL 32960 Enclosed you will find a copy of our Annual Report for the year ending September 30, 2016. Sincerely, '�-- David C Nolte ASA IRC Property Appraiser (772) 567-8000 o Fax: (772) 770-5087 http://www.ircpa.org 100 all i d 0 > E t 9 C d O E 0 —` a Eor a E w c v i c v O d a ¢ Q oC N 8V. U vii H u'S �a�oppp O N zg tD H N N N N 888 N H cq �O ~ m .ti N D O1 m DD m N Ot m .r N N N N .. m Io cSr�M N V1 Ln N N 0 0 CR 0 $ 8 8 ce .M . pp C A O m C m S ri Do U W LL d a a � v VN Vp/ SpA N N � pN pN 0 0 0 0 0 0 oN O f'A 1� .4 Oi pi t0 y N N ttr�1 N N O m .+ P m o o U 'O y4� ? Q N W u � N N N N N NN oN O S O 8 _ � O 'aVI ap c l7 — — c O P H n �� �d O be a m 0 V Z N N N U15Q~ H FO �C D LL .+ m a co m v 07 Q C d O E 0 —` a Eor a E w c v i c v O d a ¢ Q oC N 8V. U vii H u'S �a�oppp O N zg tD H N N N N 888 N H cq �O ~ m .ti N D O1 m DD m N Ot m .r N N N N .. m Io cSr�M N V1 Ln N N� N ce d N N N N U W pN d a � � O N b y N N N N N O N� N 101 d O U W d a � � O N b y Z o o U 'O y4� ? Q N W u � _ � O 'aVI ap c l7 — — c O �d O pa a m 0 V Z U15Q~ H FO �C D LL 101 }C | / � I I 102 G@8 @ § $ 4 %4,� S \ @®� _ n;m q 2 § ) kGo§ - # C4 P4 -4- oil An 14 V� 44 VI Ch �'§R]�§§ . �h]tv §§ . � k ' _ ■ a E § [ k _ 0 f 2 \ � / «}(� § \�\7� f)R A f § { f o R / _ _ _ � © - — m _ tor } 0 \n§//\-0. § kj}k])� / m � Lu )ƒ/f]kk/k{ � \\)]])i\\ � � \ / 102 LL tJ Sp S 8 o S o g pS OQ O lD 0 00 ti %D N Ln .4 n cn 00 N 00 Cn N M I N rn r1 1O n N to N V? to to V, Vt V► 00 n n Q1 00V' O O in to 00 O 1-4 i.D 00 r-1 O n N In O n N Go O e4 O N S N P tD r-1 O O O pO S O O oO Q O pO $ pO O pO $ N n UOno o te 06 n C6 1n rn ID to 00 0 lD co Ln .> O m vv z o Ln n' 00 m 1' 103 ri v a 0 1gOD C 0 V t;•z O c QO o .> m z o C w C O cr U y 0 u0 N y 0 CD W N x LL V L cu C C O .N N Ec E O w U G C C s a) a m s o m 1' 103 October 31, 2016 heriff Deryl Loar Indian River County The Honorable Bob Solari, Chairman Indian River Board of County Commissioners 1801 271" Street Vero Beach, FL 32960-3388 Dear Chairman Solari: 9C We respectfully submit to the Board of County Commissioners a statement and ACH for the following excess fees for Fiscal Year 2015/2016: Fund 016, General Fund $406,515.60 (Includes Mental Health Court $25,011.28) Fund 166, MACE County Fund 126 $2,750.00 Fund 168, Optional Sales Tax $70,718.14 Please place this item on the Constitutional Agenda for the November 8t' board agenda. If you have any questions or require additional information, please contact me at 978- 6404. Sincerely, Deryl Loar, Sheriff DL:nj cc: Kelly Goodwin Metcalf, Comptroller 4055 41" Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 , '440 4 INDIAN RIVER COUNTY SHERIFF'S OFFICE STATEMENT OF REVENUES, EXPENDITURES & CHANGES IN FUND BALANCE -BUDGET & ACTUAL FOR THE PERIOD ENDED SEPTEMBER 30, 2016 REVENUES ------------------- OTHER REVENUE COMMISSARY SALES OTHER INCOME INTEREST TOTALREVENUES EXPENDITURES ------------------- 629.00 MENTAL HEALTH COURT PERSONAL SERVICES OPERATING EXPENSE CAPITAL OUTLAY CONTINGENCY 711.00 JUDICIAL PERSONAL SERVICES OPERATING EXPENSE CAPITAL OUTLAY CONTINGENCY TOTAL GENERAL GOVERNMENT EXPENDITURES 521.00 LAW ENFORCEMENT PERSONAL SERVICES OPERATING EXPENSE CAPITAL OUTLAY 523.00 CORRECTIONS PERSONAL SERVICES OPERATING EXPENSE CAPITAL OUTLAY TRAINING 521.99 LAW ENFORCEMENT CONTINGENCY 523.99 CORRECTIONS CONTINGENCY TOTAL PUBLIC SAFETY DEBT SERVICE PRINCIPAL INTEREST TOTAL EXPENDITURES EXCESS OF REVENUES OVER(UNDER) EXPENDITURES OTHER FINANCING SOURCES AND (USES) APPROPRIATION FROM BCC HOUSING PRISONER REVENUE SCAAP REVENUE OTHER REVENUE, SALE OF SURPLUS PROPERTY, ETC. OPERATING TRANSFERS OUT -BCC TOTAL OTHER FINANCING SOURCES AND (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER(UNDER) EXPENDITURES & OTHER USES FUND BALANCE -BEGINNING OF YEAR FUND BALANCE -END OF YEAR MR General Fund M.A.C.E. Trust Impact Fees/Sales Tax Fund 16 Fund 166 Fund 168 BUDGET --------------------- --------------------- ACTUAL ------------------------- VARIANCE ACTUAL - ACTUAL - 0 ---------------- 0 --------------- ----------------- 0 ------------------ -------------------- --------------------- 119,274 ------------------------- 99,518 19,756 ---------------- ------------------ 80,069 74,815 5,254 3,067 3,066 1 2,117,842 2,075,312 42,530 110,711 110,656 55 2,675 2,675 0 ----------------------------------------- 2,433,638 --------------------- --------------------- ------------------------- 2,366,042 ------------------------- 67,596 ---------------- ----------------- 0 ---------------- ------------------ 0 19,339,288 19,117,776 221,512 4,138,385 4,121,060 17,325 21,941 218,459 1,844,746 1,844,746 0 49,194 11,789,743 11,663,253 126,490 1,869,115 1,895,522 (26,407) 510,749 135,005 135,005 0 --------------------- --------------------- 39,116,282 --------------------- --------------------- ------------------------- 38,777,362 ------------------------- 338,920 ---------------- ------------------ 71,134 -------------- ------------------ 729,208 0 0 --------------------- --------------------- 41,549,920 --------------------- --------------------- ------------------------- 41,143,404 ------------------------- 406,516 ---------------- ------------------ 71,134 ---------------- ------------------ 729,208 (41,549,920) --------------------- --------------------- (41,143,404) ------------------------- 406,516 (71,134) ---------------- ------------------ (729,208) 41,425,822 41,425,822 73,884 799,926 45,022 45,022 79,076 79,076 (406,516) (2,750) (70,718) --------- --------------------------------- 41,549,920 ------------------------------------------ ------------------------- 41,143,404 ------------------------- (406,516) ---------------- ------------------ 71,134 ---------------- ------------------ 729,208 (0) (0) 0 0 0 ------------------------------------------ 0 ------------------------- 0 0 ---------------- ------------------ 0 0 0 0 0 0 0 MR Leslie R. Swan Supervisor of Elections Indian River County October 31, 2016 The Honorable Bob Solari, Chairman Indian River County Board of County Commissioners Building A 180127'1' Street Vero Beach, FL 32960-3388 Dear Chairman Solari: 9D Attached is check number 14821 in the amount of $ 37,818.73, which represents funds due to the Board of County Commissioners for the period ending September 30, 2016, as detailed below: Excess 15/16 Budget SOE Fees $ 31,604.08 $ 4,444.80 Candidate Qualifying Fee Dues to Board $ 1,769.85 TOTAL $ 37,818.73 Should you have any questions or require additional information, please do not hesitate to contact me at extension 3435. S..iincerely, 91 Leslie Rossway Swan Supervisor of Elections CC: Diane Bernardo Michael Smykowski -s each; FI, 32967 I Office: (772) 226-3440 1 Fax: (772) 770-536�J��" 10:04 AM Indian River County Supervisor of Elections 11/01/16 Balance Sheet Accrual Basis As of September 30, 2016 ASSETS Current Assets Checking/Savings 101.0 - General Funds 101.08 - OPERATING-WACHOVIA 101.07 - PAYROLL- WACHOVIA 101.06 - CAFETERIA- WACHOVIA 101.05 - MONEY MARKET-WACHOVIA Total 101.0 - General Funds 101.136 - Special Revenue Funds 136.14 - FEA State/County Total 101.136 - Special Revenue Funds 101.009 - CASH REGISTER "BANK" Total Checking/Savings Other Current Assets 1300 - Payroll Service Customer Asset 155.000 - Prepaid expenses (990 line 53) 155.50 - Computer maintenance and suppor Total 155.000 - Prepaid expenses (990 line 53) Total Other Current Assets Total Current Assets Other Assets 1301 - Provide for Compensated Absence Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 208.01 - Accounts payable (990 line 60) Total Accounts Payable Credit Cards 202.01 - Credit card (990 line 60) Total Credit Cards Other Current Liabilities 208.020 - Deferred Special Revenue 208.010 - DUE TO OTHER GOVERNMENTS (BOCC) Sep 30, 16 -6,230.61 44.84 2,552.04 92,463.55 88,829.82 35,913.16 35,913.16 25.00 124,767.98 -0.08 5,079.85 5,079.85 5,079.77 129,847.75 18,417.02 18,417.02 148,264.77 18,607.06 18,607.06 1,656.71 1,656.71 35,913.16 6,214.65 Page 1 107 10:04 AM Indian River County Supervisor of Elections 11/01/16 Balance Sheet Accrual Basis As of September 30, 2016 210.000 - Payroll Liabilities 210.200 - FRS 3% Employee Portion (FRS 3% Employee Contribu... 210.100 - FRS 210.000 • Payroll Liabilities - Other Total 210.000 • Payroll Liabilities 216.000 - ACCRUED WAGES PAYABLE 218.000 - ACCRUED P/R TAXES PAYABLE 219.000 ACCRUED BENEFITS PAYABLE 220.000 EMPLOYEE OPTIONAL DED. 220.010 - Process Works 220.20 • STD 220.025 - STD/Aflac Total 220.20 • STD 220.030 - LTD- Mutual of Omaha 220.080 - Accident/AFLAC Total 220.000 - EMPLOYEE OPTIONAL DED. Total Other Current Liabilities Total Current Liabilities Long Term Liabilities 2501 - ACCRUED COMPENSATED ABSENCES Total Long Term Liabilities Total Liabilities Equity Net Income Total Equity TOTAL LIABILITIES & EQUITY Sep 30, 16 1,249.38 5,973.03 -11.36 7,211.05 16,901.94 1,293.00 1,271.02 2,637.13 -17.15 -17.15 312.55 27.90 2,960.43 71,765.25 92,029.02 18,417.02 18,417.02 110,446.04 37,818.73 37,818.73 148,264.77 Page 2 108 10:04 AM Indian River County Supervisor of Elections 11/01/16 Profit & Loss Accrual Basis October 2015 through September 2016 Ordinary Income/Expense Income 331.00 • Federal Grant Revenue 381.020 - Transfer - Special Revenue 341.550 • SOE Fees 381.010 • BUDGET TRANSFER 001.02 • WORKERS' COMP. PAID BY BOCC 341.551 - City Reimbursements Total Income Gross Profit Expense 011.00 • SALARIES 011.18 • Supplemental Salary (Supplemental Sa... 011.11 Executive Salaries 011.12 • Regular Salaries 011.125 • Regular Wages 011.13 • Part -Time Wages 011.14 • Regular Wage Overtime 011.15 - Temp. Election Help 011.19 • Clerks and Poll Workers Total 011.00 • SALARIES 012.00 - PAYROLL EXPENSES 012.10 • Company Medicare 012.11 -Company Social Security 012.12 • Retirement Contributions 012.13 - Insurance 012.132 • Life/Health 012.134 - Dental 012.138 - Worker's Comp Total 012.13 • Insurance 012.140 - Other Post Employment Benefits 012.00 • PAYROLL EXPENSES - Other Total 012.00 • PAYROLL EXPENSES 034.00 • CONTRACTUAL SERVICES 034.76 - Destruction Services 034.10 • Processing Fees 034.20 • Security System 034.40 - Equipment Transport 034.80 - Other Services Oct '15 - Sea 16 7,553.87 2,462.73 0.00 1,239,272.00 15,471.00 58,174.00 1,322,933.60 1,322,933.60 11,479.95 105,354.08 193,806.66 147,388.90 36,618.23 3,052.35 66,181.50 85,266.00 649,147.67 7,012.41 29,984.07 72,533.02 57,519.18 3,613.98 1,101.00 62,234.16 14,370.00 553.36 186,687.02 113.26 1,816.24 970.00 11,258.75 940.95 Page 1 109 10:04 AM Indian River County Supervisor of Elections 11/01/16 Profit & Loss Accrual Basis October 2015 through September 2016 Total 034.00 • CONTRACTUAL SERVICES 040.00 • TRAVEL 040.40 • Executive Travel 040.60 • Staff Travel 040.80 • Temp help mileage Total 040.00 • TRAVEL 041.00 • TELEPHONE 041.40 • Telephones Total 041.00 • TELEPHONE 042.00 • POSTAGE 042.20 Regular 042.40 FedEx 042.60 Shipping & Handling Total 042.00 • POSTAGE 044.00 • RENT/LEASES 044.20 Building & Precincts 044.40 Office Equipment Total 044.00 • RENT/LEASES 045.00 • Insurance 045.20 • Automotive Insurance Total 045.00 • Insurance 046.00 • REPAIR & MAINTENANCE 046.20 • Office Equipment Total 046.00 • REPAIR & MAINTENANCE 047.00 • PRINTING & BINDING 048.00 • PROMOTIONAL 048.30 • Pollworker Outreach 048.40 • Advertising 048.60 • Grant matching funds - V.O. Total 048.00 • PROMOTIONAL 051.00 • OFFICE 051.20 General Supplies 051.25 Bank Charges 051.40 Furn/Equip - under 1000.00 Total 051.00 • OFFICE Oct '15 - Sep 16 15,099.20 1,559.14 1,312.57 1,123.22 3,994.93 11,034.70 11, 034.70 45,485.94 45.14 5,159.00 50,690.08 4,570.00 6,672.00 11,242.00 950.00 950.00 6,168.63 6,168.63 98,086.30 686.00 25,038.95 9 AR9 7'� 19,445.43 3,175.76 755.00 23,376.19 Page 2 110 10:04 AM Indian River County Supervisor of Elections 11/01/16 Profit & Loss Accrual Basis October 2015 through September 2016 Net Ordinary Income Other Income/Expense Other Expense Reportable Health Coverage Total Other Expense Net Other Income Net Income 37,818.73 0.00 0.00 0.00 37,818.73 Page 3 111 -Oct "15 - Sep 16 051.60 - COMPUTER 051.62 • Software Licensing & Support 123,593.53 051.64 • Supplies, maint. 11,817.35 051.66 Equipment under 1000.00 13,884.87 Total 051.60 • COMPUTER 149,295.75 052.00 • OPERATING SUPPLIES 052.20 • Warehouse supplies 685.88 052.40 • Van supplies, fuel 839.27 052.60 - Misc. supplies 147.00 Total 052.00 • OPERATING SUPPLIES 1,672.15 054.00 - SUBSCRIPTIONS/EDUCATION 054.20 • Subscriptions/books 289.49 054.40 • Dues & Membership 3,631.08 054.60 • Meetings /Seminars/Classes 1,525.00 Total 054.00 • SUBSCRIPTIONS/EDUCATION 5,445.57 060.00 • CAPITAL OUTLAY 064.80 • Machinery and Equipment 44,037.00 Total 060.00 • CAPITAL OUTLAY 44,037.00 Total Expense 1,285,114.87 Net Ordinary Income Other Income/Expense Other Expense Reportable Health Coverage Total Other Expense Net Other Income Net Income 37,818.73 0.00 0.00 0.00 37,818.73 Page 3 111 WELLS FARGO BANK, NA 14821 Leslie Swan VERO BEACH, FL 32963 SUPERVISOR OF ELECTIONS 63-643/670 County of inaian River- State. of Florida Vero Beach, Florida 32967 11/11201c PAY TO ORDER OF BOARD OF COUNTY COMMISSIONERS $ —37,818.73 Thirty -Seven Thousand Eight Hundred Eighteen and 73/100— ***"'*** ******* ""***' DOLLARS FRAUD a BD. OF COUNTY COMMISSIONERS �~ I.R.C. Finance Department 1801 27th Street Vero Beach, FL 32960 \ y t:rAP _ 15/16 Excess Fees +140 148 2 Lii' 1:01= 70064 3 21: 20000 4 5 3 2 38 SO0 Leslie Swan I SUPERVISOR OF ELECTIONS 14821 BOARD OF COUNTY COMMISSIONERS 11/1/2016 208.010 DUE TO OTHER GOVERNME 15/16 Excess Budget 31,604.08 208.010 DUE TO OTHER GOVERNME Excess Fees- Candidate Qualifying Fees 1,769.85 208.010. DUE TO OTHER GOVERNME SOE Candidate Fees 4,444.80 OPERATING-WACH 15/16 Excess Fees 37,818.73 112 Carole Jean Jordan, CFC Tax Collector : s RroA °HOW MAY WE HELP YOU?o MEMORANDUM TO: Jason Brown, County Administrator FROM: Carole Jean Jordan, Tax Collect r SUBJECT: Agenda Item DATE: October 31, 2016 Please place the following on the Agenda for the Board of County Commissioners meeting on Tuesday November 8, 2016 under Constitutional Officer's Matters: Tax Collector, Carole Jean Jordan. We are hereby presenting our Annual Fiscal Report for the Fiscal Year Ended September 30, 2016 as required by Section 218.36 of the Florida Statutes. Also attached is the Report of Distribution of Excess Fees for fiscal year ended September 30, 2016. Thank you for your attention to this matter, and if you have any questions or if we can be of any assistance, please feel free to call me at extension 1337. cc: Michael Smykowski, Budget Director 1800 27th Street, Bldg. B, Vero Beach, FL 32960-0310 E-mail: HowMayWeHeloYouOIRCTax.com + Website: www.IRCTax.com Phone: (772) 226-1338 + Fax (772) 770-5009 113 CD O 0) o 0)0 0 0 0 opm °� rn OJ W J p (n L N N N p Q � N of LLWW Z W P- U z O000 oro r 0 0 (n � � N N M W z (O CO W W W p � O CO Z F Z o r 0 O 0 O o O 0 U- 0 W M� LO r r r r r0 r } p= Z M LOr M co LO M Cl) Z Z) O LIJ W LL O O Q O E» v> (� W O N o CO M rn 00 N 0 N 0C7 a. O o F- N Z IT O � 0 D N0 O00 z= M Cl) r M 00 00 Q O o M M p co D p � O W Q J Z m } Q W O w O iD � ' O Cl) N CM r 00 000 � r- Cl) _M F- �- W U W U=U w O J Lq r r LQ O Cl) N M m to r� M '- W U) Q p N CO 0 000 N 00 M O0 IT L J U Z Z Cz N N Cl) M � �QW U Q Z� W LL N M M � XQUZQp Q LLI DCS EE F- } fr Q Vi d> 691 ER Z ~ W Q p } W m Q ZW Z L 2 p J Q �— _ LO �_Ln 0 0 0 O2 CN 00 00 O M0 O O O O o NCl) o N 0 Z N N N N N N N N iz Z:) N O U U Q Ir W Z U) O LU F- ~ Cf) C/)w m z z H Q W Q CO W W U Z m p zp z W > W Q 0 FC- tpi W : ZO2 0C) Z C/) U W W Q ~O Z Q O wLLI OJ O~ LL J Q p Q m -i i- w L1J W OQm� O Q CO J U -j CO LL Oz cncn(1)Z p z F- p>QO -j U W W Co QODCDW W W W a %' co Q W% O W U W (n (n � U F- J p �> F- F- F- � FW W J J J Q W W p U C'1 z Cl) w=OCEWZ1�-wwa U U) O w ¢ �OHF=p co QQQU Z m (n O =, } ~ W Q _J Ir W (n (i ZUZzc0W2<QF- N cn J (n Z F- J J J W w�000�cn���� m Q � m � m Q p } p W—F-0, Q �QF- F-F-QOW W W� -1 d p IL J F- 2 0�-j W W p < J U W W W W a__==C) J p z J J (nf~-p0 W S W==O Fn W F -F -F -U Q � z p Q Q Q W ac) :D> F-F-� O QQpp��0000Q W F- O F- UaWQ?(n?000 F- _, � O 114 INDIAN RIVER COUNTY, FLORIDA TAX COLLECTOR STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL ALL GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30. 2016 OTHER FINANCING SOURCES (USES) TRANSFERSIN LEASE PURCHASE PROCEEDS LEASE PURCHASE CIP TRANSFERS OUT TO BOARD OF COUNTY COMMISSIONERS TRANSFERS OUT TO OTHER GOVERNMENTS TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10/01/14 FUND BALANCES 9/30/15 (2,339,529) (2,702,580) (363,051) (260,236) (300,745) (40,509) $ (2,599,765) $ (3,003,325) $ (403,560) I do solemnly swear that the foregoing is a true, correct and complete report of all revenues an expenditures of my office for the year ending the 30th day of September, 2016. J I ignature) Office of TaR Collector, Indian River County 115 GENERALFUND VARIANCE FAVORABLE REVENUES ACCOUNT NUMBER BUDGET ACTUAL (UNFAVORABLE) CHARGES FOR SERVICES: COUNTY OFFICERS COMMISSIONS 341.80 $5,963,950 $ 6,343,182 $ 379,232 MISCELLANEOUS REVENUES: INTEREST 361.10 8,500 10,436 $ 1,936 OTHER REVENUES TOTAL REVENUES $ 5,972,450 $ 6,353,618 $ 381,168 EXPENDITURES GENERAL GOVERNMENT SERVICES: FINANCIAL AND ADMINISTRATIVE: PERSONAL SERVICES 513.10 $ 2,513,871 $ 2,494,506 $ 19,365 OPERATING EXPENDITURES 513.30 744,436 741,707 $ 2,729 CAPITAL OUTLAY 513.60 114,378 114,080 $ 298 DEBT SERVICE: PRINCIPAL RETIREMENT 513.71 - - $ - INTEREST 513.72 - - $ - TOTAL EXPENDITURES $ 3,372,685 $ 3,350,293 $ 22,392 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ 2,599,765 $ 3,003,325 $ 403,560 OTHER FINANCING SOURCES (USES) TRANSFERSIN LEASE PURCHASE PROCEEDS LEASE PURCHASE CIP TRANSFERS OUT TO BOARD OF COUNTY COMMISSIONERS TRANSFERS OUT TO OTHER GOVERNMENTS TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10/01/14 FUND BALANCES 9/30/15 (2,339,529) (2,702,580) (363,051) (260,236) (300,745) (40,509) $ (2,599,765) $ (3,003,325) $ (403,560) I do solemnly swear that the foregoing is a true, correct and complete report of all revenues an expenditures of my office for the year ending the 30th day of September, 2016. 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O rn rn rn � r SII 01, 1 SII U) F— Z w z 2 LU Z J X z W Z 0 > J > z W X U)Q D Q� O - w W r-) U) Ir U) mO::)wF— Q� U Q W w0 W F— 0U) UzU) LLJz ❑wCr- �2 0 w C) LLJ TZ M: cn❑ U) C) J m U)wOww� Q>U=)>F— U Z Q❑ Z Z Q F— O C)W W LL U:DDWcn Q I— Q❑❑❑ w O 119 C:) i O W 'n U N z Q J Q m O r O c`7 O 69 6q 07 O _J ~m CO z I� r- O CN z : W f- U D z Llj _W 2 w z > > O z mOutw W U W pw J � w> J z Cn (n m Q 69 <(DLL<� Cn }LfcrOO w Q J � r � � z o Q N U) z 0 Fes- � m 00 Q U O 0 M O w 0 CO w w 0 O O J Q Z Q OI-F-a� J >O-mF- `fl UDD0UUi F¢ - 0 0 0 U w O f- F-(nma zOw<w w Ojzwwo Q z LO LO o O W�- OU z Q > 'Lzw m al-�a_Q LO _Q w O } o o 0 U w z w _ F- Q F- a Cn O O w Z Z m O ' ' ' O ' 07 O _J ~m 11 L r- CN 69 69 LO LO 0 EF? i O _J ~m N r- 69 O O O LO LO 0 MINVI-almoll-1-0 O O N 69 69 69 LO LO 0 691 2 (f) O W i O _J ~m N C7 69 O O O LO LO 0 MINVI-almoll-1-0 O O N 69 69 69 LO LO 0 691 2 (f) O W U t- _J ~m Q W J U) z : W z Llj J a = 2 w z > > O z mOutw U W pw Z Q(D0� O > I - co w> J z Cn (n = W w0 Cl) W=L> <(DLL<� Cn }LfcrOO w Q F-az U~� � a 2 2 W J Ow �F' ~ O � 0 Fes- � m 00 D� z Q w 0 Q w O O =(npwDa J OI-F-a� J Q>UD2~ U Z 0 0 0 z F- O UDD0UUi F¢ - 0 0 0 U w O 120 EXCESS2016 INDIAN RIVER COUNTY TAX COLLECTOR CAROLE JEAN JORDAN, TAX COLLECTOR EXCESS FEE DISTRIBUTION YEAR ENDING SEPTEMBER 30, 2016 121 COMMISSIONS 2015/2016 COLLECTED EXCESS FEES AGENCY 2015/2016 % $ 3,003,325.01 GENERAL FUND $ 3,310,030.95 69.1263% $ 2,076,087.13 MUNICIPAL SERV DIST $ 164,154.52 3.4282% $ 102,959.49 EMS SERV DIST $ 511,197.66 10.6758% $ 320,628.69 ROCKRIDGE SLD $ 60.23 0.0013% $ 37,78 LAURELWOOD SLD $ 146.72 0.0031% $ 92.02 OCEANSIDE SLD $ 1,430.29 0.0299% $ 897,09 OCEANSIDE PAVING $ 16.14 0.0003% $ 10.12 OSLO PARK SLD $ 46.36 0.0010% $ 29.08 GIFFORD SLD $ 288.49 0.0060% $ 180.94 LAUREL CT SLD $ 819.24 0.0171% $ 513.84 VERO LAKES MSTU $ 4,929.04 0.1029% $ 3,091.55 VB HIGH SLD $ 1,608.98 0.0336% $ 1,009.17 IXORA PK SLD $ 90.58 0.0019% $ 56.81 PORPOISE PT SLD $ 7.02 0.0001% $ 4.40 VERO SHORES SLD $ 75.37 0.0016% $ 47,27 POINCIANA SLD $ 248.28 0.0052% $ 155.72 ROSELAND RD SLD $ 14.24 0.0003% $ 8,93 GLENDALE LK SLD $ 64.87 0.0014% $ 40.69 WALKERS GLEN SLD $ 25.87 0.0005% $ 16.23 FLORALTON SLD $ 53.25 0.0011% $ 33.40 TIERRA LINDA SLD $ 27.17 0.0006% $ 17.04 WHISPERING PINES SLD $ 21.60 0.0005% $ 13.55 MOORINGS SLD $ 234.43 0.0049% $ 147.04 E. GIFFORD WATERSHED $ 20.31 0.0004% $ 12.74 WEST WABASSO MSBU $ 156.53 0.0033% $ 98.18 LAND ACQ BOND $ 3.98 0.0001% $ 2.50 LAND ACQ BOND 2004 $ 92,058.01 1.9225% $ 57,739.78 LIBRARY BOND $ - 0.0000% $ - LANDFILL $ 221,055.96 4.6165% $ 138,648.68 BEACH BOND $ - 0.0000% $ - FIND $ 8,912.21 0.1861% $ 5,589.83 SCHOOL BOARD $ 13.95 0.0003% $ 8.74 ST JOHNS WMD $ 84,196.13 1.7583% $ 52,808.72 SEB INLET DIST $ 8,300.33 0.1733% $ 5,206.06 MOSQUITO CONT $ 73,073.27 1.5261% $ 45,832.34 HOSPITAL $ 277,099.62 5.7869% $ 173,799.87 FELLSMERE WCD $ 1,500.00 0.0313% $ 940.82 IR FARMS WCD $ 1,500.00 0.0313% $ 940.82 ST JOHNS IMPROV DISTRICT $ 1,500.00 0.0313% $ 940.82 SEB RIVER IMPROV DISTRICT $ 1,500.00 0.0313% $ 940.82 VERO LAKES WCD $ 430.79 0.0090% $ 270.20 DELTA FARMS WCD $ 1,500.00 0.0313% $ 940.82 SEBASTIAN STORM DRAIN $ 19,969.82 0.4170% $ 12,525.29 TOTAL $ 4,788,382.21 100.0000% $ 3,003,325.01 0.00 ALLOC DUE TO COUNTY 100.208.1000 $ 2,702,579.86 89.99% DUE TO OTHER GOVT 100.208.0000 $ 300,745.15 10.01% TOTAL EXCESS FEES $ 3,003,325.01 121 Dylan Reingold, County Attorney \William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, .Assistant County Attorney Public Hearings - B.C.C. 11. 8.16 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 24, 2016 SUBJECT: Right -of -Way Ordinance Amendment BACKGROUND. ATTORNEY l0 ftl On August 16, 2016, the Indian River County Board of County Commissioners (the "Board") authorized the County Attorney's Office to review the Indian River County Right -of -Way Ordinance in light of the United States Supreme Court's decision in Reed v. Town of Gilbert. Section 312.06 of the Indian River County Code of Ordinances prohibits begging, peddling, soliciting, or canvassing on any right-of-way other than a sidewalk. The United States Supreme Court in Reed explained that regulation of speech is content based if the regulation applies to particular speech because of the topic discussed or the idea or message expressed. Such regulations are presumptively unconstitutional. Content -neutral regulations on the other hand are subject to a more lenient standard of review. Content neutral time, place and manner regulations will be upheld so long as they are narrowly tailored to serve a substantial government interest and do not unreasonably limit alternative avenues of expression. APPROVED FOR NOVEMBER 8, 2016 B. CC MEETING — PUBLIC HEARINGS CO UNTY A TTORNE Y F. AllorvylindaGE\'ERALB C C Agenda Afe-oa'Righl-f--Ky Ordi— A -end -env Pahli, Neaning.do 122 Indian River Co. Appro ed Date Admin CIA 11 d1:511494— Co. Atty. k 61 zfl 110 Budget (— (•� De2t. Risk Mgr. ---pff --- 122 Board of County Connnissioners October 24, 2016 Page Two Consistent with the Board's direction, the County Attorney's Office drafted language to address both the United States Supreme Court's ruling in Reed and the need for protections for drivers, passengers and pedestrians alike. The Indian River County Sheriffs Office has provided data to the County Attorney's Office that demonstrates that an increase in crashes has occurred at several intersections in Indian River County. Distractions, such as exchanges between drivers and pedestrians at intersections, can interfere with or impede the safe flow of traffic at intersections leading to crashes. Thus, an ordinance with the proposed language would be designed to promote the safe and efficient use of the rights -of -ways within Indian River County. On October 4, 2016, the Board authorized the County Attorney's Office to draft an ordinance consistent with the initially proposed language and notice a public hearing concerning the proposed ordinance. The attached proposed ordinance contains the same language as presented to the Board on October 4, 2016. The proposed ordinance does not address speech, but instead focuses on behavior which can distract drivers. Under the proposed ordinance, people will be prohibited from standing or entering into the right-of-way, other than on a sidewalk, for the purpose of distributing items with the driver or a passenger of the vehicle. Under the proposed ordinance, distributing is defined as exchanging of items between any persons within a right-of-way and the driver or a passenger of a vehicle at such location that requires an acceptance or rejection of the items being offered for exchange. FUNDING. The only cost associated with this matter is the cost of advertising the notice of public hearing. The cost was $150.51. This cost was funded from General Fund/County Attorney/Legal Account No. 00110214-033110. RECOMMENDATION. The County Attorney's Office respectfully requests that the chair open the public hearing and take any comments from the public and then have the Board vote to approve the proposed ordinance. ATTACHMENTS Proposed Ordinance F. Atromey"LindoGE4'ER4L B CC Agenda Afemm RPoghtof--li',Vv Ordinance Amendment Public Hearing.dax 123 ORDINANCE NO. 2016 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 312.02 (PURPOSE), SECTION 312.04 (DEFINITIONS) AND SECTION 312.06 (PROHIBITED ACTIVITY) OF CHAPTER 312 (RIGHTS-OF-WAY) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO PROHIBIT DISTRIBUTION OF ITEMS IN PORTIONS OF THE RIGHTS-OF-WAY WITH DRIVERS AND PASSENGERS OF VEHICLES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, a fundamental purpose of county government is to promote, protect and improve the health, safety and general welfare of the citizens of the county; and WHEREAS, conduct and activities in the public rights-of-way can lead to significant driver distractions, leading to vehicle crashes; and WHEREAS, data from the Indian River County Sheriff's Office demonstrate that an increase in crashes has occurred at several intersections in Indian River County; and WHEREAS, distractions, such as exchanges between drivers and pedestrians at intersections, can interfere with or impede the safe flow of traffic at intersections leading to crashes; and WHEREAS, crashes at intersections can threaten the lives of drivers, passengers and pedestrians within the right-of-way; and WHEREAS, the Indian River County Board of County Commissioners finds that it is necessary to amend the Indian River County Code of Ordinances in order to ensure the protection of the public from activities that interfere with the safe and efficient movement of traffic; and WHEREAS, the Indian County Board of County Commissioners desires to adopt this ordinance in order to protect drivers, passengers and pedestrians alike and promote the safe and efficient use of the rights -of -ways within Indian River County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, 1 124 for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Legislative Findings. The Board finds that the "Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. Section 3. Amendment of Section 312.02 (Purpose), Section 312.04 (Definitions) and Section 312.06 (Prohibited Activities) of Chapter 312 (Rights -Of -Way) New language indicated by underline, and deleted language indicated by . Section 312.02 (Purpose), Section 312.04 (Definitions) and Section 312.06 (Prohibited Activity) of Chapter 312 (Rights -Of -Way) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 312. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Section 312.02 Purpose The purpose of this chapter is to: (1) Establish a mandatory permitting procedure for any work within county right-of- way, land, or easements; (2) Establish guidelines for the placement and location of: (a) Driveways; (b) Utilities; (c) Excavation, fill and other structures within county rights-of-way; (3) Establish standards for traffic control devices within county rights-of-way; (4) Establish construction specifications for work in county rights-of-way, easements, or county land; (5) Provide for proper use and non -obstruction of county rights-of-way and easements; (6) Establish guidelines and permitting for the movement of overweight and over dimensional vehicles or structures within county rights-of-way; 6 125 (7) Prohibit the use of certain streets by trucks exceeding five thousand (5,000) pounds; (8) Establish parking regulations within county rights-of-way; (9) Establish weight regulations on roadways and structures within county rights-of- way; (10) Establish guidelines and permitting to regulate processions, assemblies, parades and hauling routes. 11 Establish regulations for the use of the rights-of-way in order to protect drivers passengers, and pedestrians alike and promote the safe and efficient use of the rights-of-way. Section 312.04 Definitions (1) Bikeway: Any road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. (2) Distributing: Exchanging of item(s) between any person(s) within a right-of-way and a driver or passenger of a vehicle at such location that requires an acceptance or resection of the item(s) being offered for exchange. (3) Driveway: That portion of the right-of-way used for ingress and egress to the abutting private property from the street. (34) Easement: The legal right granted to a party to cross or use part of the land for public purposes. This may be for utilities, line -of -sight, pole lines, or scenic purposes. (45) Encroachment: Any object of use occupying any portion of a public right-of-way which is not allowed by this chapter or is not allowed by reason of a permit having been granted by the county. (56) Public works director: The county public works director or his authorized representative. (67) Right -of -Way: The land owned or controlled by the county over which the public has a right of passage, including the streets, sidewalks, bikeways, and driveways constructed thereon. (78) Sidewalk: A walkway intended primarily for pedestrians on one (1) or both sides of a public street. 3 126 (89) Street: The area of the public right-of-way which is intended for normal vehicular traffic, including paved or unpaved roadways but not including services entrances or driveways leading from the roadways onto adjoining property. (910) Utilities director: The utilities director or his representative. (10 11) For words that are not defined in this section, the following sources shall govern in this order (a) Florida Statutes and (b) Indian River County Code. Section 312.06 Prohibited Activity 1. Except as provided in section 312.05, it shall be unlawful and subject to penalties provided herein for any person, corporation, or utility company, public or private to: (a) Construct, alter, arrange for, authorize, or participate in any construction or placement of fill, pavement, driveway, vegetation, signs, or structures, or any encroachment, in the county owned land, right-of-way, easement or drainage facility, without first obtaining a valid right-of-way permit and paying all necessary fees. (b) Construct any roadway, or drainage improvements, or structures in a county right-of-way, or easement which do not conform to requirements set forth in the publications listed in Section 312.08, or not otherwise approved by the public works director. (c) Obstruct or damage facilities in a county right-of-way; or impair use of the right-of-way, easement, or county land by the parking, placement, of vehicles, debris, fill or other structures in the county owned land, right-of- way, or easements. (d) Use the county right-of-way for the movement of over -sized and/or overweight vehicles or structures without first obtaining a valid right-of- way use permit. Over -sized and overweight vehicles are defined in Chapter 316, Florida Statutes. (e) Provide for the direct connection of any fluid discharge from a swimming pool, water softener, washing machine, or any mechanical device, into county rights-of-way, easement or public land. (f) Install water, sewage, gas, power, telephone, cablevision, or other utilities along county rights-of-way, easements, or county land without 4 127 obtaining an authorized license as described in Chapter 125.42, Florida Statutes. (g) Install any unauthorized sign, utility, shrub, obstruction or structure within four (4) feet of the curb line or fourteen (14) feet from edge of uncurbed pavement or if those limitations cannot be met then the installation shall be as far from the edge of the pavement as possible but shall be within the right-of-way. See Figure 1, section 312.19. (h) Install fixed objects or vegetation which obstructs vision at the intersection of public roadways such that sight distance is less than prescribed by the Manual on Uniform Standards for Design, Construction and Maintenance for Streets and Highways, latest edition by the Florida Department of Transportation. The county has the right to enforce sight distance requirements where existing conditions are causing a hazardous condition. (i) Use certain roadways and structures for the through movement of vehicles exceeding five thousand (5,000) pounds if such roadways are signed "no trucks over 5,000 Ib. empty weight." (j) Install any water well or septic system within the county right-of-way without license and pursuant to Resolution 90-75. (k) Perform work in any county right-of-way without proper traffic control. (1) Leave any trash, junk or debris within the right-of-way, other than that placed for regular garbage pick up. (m) Conduct any sales or business in the right-of-way. (n) Use any county roadway for processions, races, street dances, street parties, assemblies and parades without first obtaining approval of a traffic control plan by the public works director and obtaining a valid right- of-way permit and paying all necessary fees. (o) Stand in or enter upon any right-of- way as defined in section 312.04(6) other than a sidewalk as defined in section 312.04(7) for the purpose of distributing item(s) with a driver or passenger(s) of a vehicle. 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, 5 128 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 part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the day of 2016, for a public hearing to be held on the_ day of November, 2016, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the ordinance duly passed and adopted this day of November, 2016. APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS OF AND LEGAL SUFFICIENCY INDIAN RIVER COUNTY, FLORIDA BY LAN REINGOLD 01PYNtY AfiTOMNgy By. Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the November, 2016. 0 day of 129 Treasure Coast Newspapers TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 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 published 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. 461741 - INDIAN RIVER CO ATTORNEYS OFC Pub Dates October 27, Sworn to su rij ed Ijefore me this day of, Sherri Cipriani (X) personally known to me or ( ) who has produced 1324038 Meeting: 11/8/16: Notice of Intent Notice of Intent 26, 2016, By .� ��VlR r ew-4� Sandra Coldren Notary Public who is as identification. OCT 31 2016 COUN1YATi iURNEY's OFFICE 1"019-t PW'. .: *: S ANDRA COLDREN MY COMMISSION k FF 00403XPI E 5 April 1 aonded TnrRES, 2017 u Notary Public Underwriters who is as identification. OCT 31 2016 COUN1YATi iURNEY's OFFICE 1"019-t Notice Of Foreclosure hca[Ion 'if `oil- mei time before the scheduletl appearance is less Iran r voice if you, me heart, impaired, publ 7tl. : October 20,27,2016 TCN 1249200 Not ice To Creditors IN THE CIRCUIT COURT FOR ST. LUCIE COUNTY. FLORIDA PROBATE DIVISION Division Nineteenth File No.: 56201XPOO1014FM IN RE: ESTATE OF TERRY JASPER eed.RLESS, Notice Tc CredltorS Representative: Richard 0. Sneed, Jr. ESQUIIa E -Mail Address: dsg:Obellsputh.ae Flodtla Ber No. 139213 LAW OFFICES OF RICHARD D. SNEED, IR.. P.A. 20019th Ave., Suite 114, Vero Beach, FL, Florida 32960 TelbThOne:(]72) 465-2330 Pub: October 2016 TCN 1319601 T TCam,"4iz"kTi ' !F WReiiic.+a �. BEFORE THE BOARD OF COUNTYCOMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT n Adult Care/Ser,­ �I Cleaning Services -. CARE GIVER/FAMILY BPJ MAINTENANCE ORGANIZER GROUP, LLC ��RR Cel Ms.3CM1i st en 561U989�9633 ProlessWMldtlo Sete az I s Easy 0uC II Count ¢s )T2 -S19-]036 p4 nes CAREGIVER/COMPANION Care IYeF/COmpani0In u censea diol nal k d<h kava ab a. Exctllent Merencesl criRt for Sebastagarea . `o sLa Mc(7T2)812-T17s EnsnEsl E�p'�%Refits. Call Melanie 2-490-159) EXP, LICENSED PRIVATE CNA (,'LEANING BY v Noble loe3RMr5 efts In ryw ,omei man 0,p. BARBARA IUEing li acre R66)B 5 30 Yrs ESP Role re C s Ava table. e Est T)2-2051394 n1 AlreorRVH.Ong DO CLEANING - AIREOURCEI Hearst mTOPToB oom Free vgreat Reserentes REs F EFS a 7i?iD4T393 LMC IR ^'0,'r ly ssyy Tie uzSMlnuc PERSONAL TOUCH No CIeERANIGx DYNAMIC DY`MENAMIC AIR INDIAN RIVER COUNTY BOARD c n: erYire.3or=azo.°e:=": °""`lis "` is9eisis"-5n3 oSo In s'iaiM UcY cac,.1B461 IR,SL,MC qo 6®gmaitcom lR "ICAs A/C cleanup/Hriuling 37 Yeats Experience NOCHAIGI ICANTFlXIT DANIEL$HAULING MC SL (7))215.5346 RAWI 0,,B h1 a on esdaya Novembeeeld 3016 at 9:05. ., or s soo B, wAD At YD r Seryce IR SI MC (772) 812-2560 LIFE'S LITTLE HELPERS HAULIINxGrv& 6eLEAN UP • TMroleHS(ona/O„ganize arage•Yard•auc dFUldro Lhr s[ne T71`I)00631ane O n . 1 11 i (77=)55955;3' Carpet/FloorCowring Clock R MINTON 5 CARPET CLOCKS BY HOLLIS CL CLEANING r 3TIle&grP—S6ut [s[ L el ref 2)335150] cleaning 772-562-7262 IPC RAY'S CARPET REPAIRS Computer Services & INSTALLATION AAA ARON S aroma LcA re 19n COMPUTER SERVICE nz•sn•s3s3 R e SERVICE PLUS S Is(131' )41V167 CI L UpM1d TI Onran meScWC rxp tRflJrs COn mte/MasonryWork OT7)—.al ALL CONCRETE Chld Cares ryOs D ways/Pah"I & ckpavers/Block CHILD CARE IN Odamc—ruclmn473-6016 MY HOME IRwmlen d1 --be, ecole69s IR u JERRY RIPPLE JP. I'o, 6 TNk 1h1512.VwI, lunch A snacks elilil9.3M9 mcco m ental 0 Wheels/Reaeation C1is�Ti9=ke a A' TI"I x'-0391 Buy &Sell fasdJOHNNY'S driveways Concrete. sidewal h & PatOltdrepalrs Ue 771-142-1353 In. Other Public Notices to the "'I.nce may ne made M the public hearing. If y erson decide, to Mp id any decision m tle ,p xA idertE ettthe membngs rnhea i qs of any bs'on Or committee. ry e�rnon, oth d I or D/ th n nvCill yeaddiingsuch s and that for Choi axverbetimdrtaendsurt wDlere ota'ztluuiammi ca the testimony and evidence 0 oa=r-` U""'Ra`,U.to " Ings,Yndividuals llestityi y be Sw.m In. Any to the proueeding wllPbe granted an ln. a y Individual fes I ding dunng a hearing upon 0ues1. Anyone ggwith A dlsablllty attendntnis meetlocasyylioua Contact George n21T or T.D.D. 072) 462-U28. at 'VC st lortoothemieetiny� hours The title : Ne proposed ordi- nance O ORDINANCE NO. 16.018 AN ORDINANCE EXTENDING THE TERM OF THE FOURTH AND FIFTH CENT TOUR- IST DEVELOPMENT TAX IMPOSED BY ORDINANCE NO.'S 02-M AND 03-12 AS PREVIOUSLY EXTENDED BY ORDINANCE 11-038. THE EXTENSION PROPOSED BY THIS ORDINANCE SHALL BE FROM DECEMBER 31, 2023 TO DECEMBER 31, 2041 AMEND- ING SECTION 42-1A8 'PLAN FOR TOURIST DEVELOP. MENT'(y), (h), (1) AND ( ) TO PROVIDE FOR AN AN EXPENSES OF THE FOURTH AND FIFTH CENT TOUR- IST DEVELOPMENT TAX AS EXTENDED BY ORDINANCE NO.'S 11-028 AND 16-018; FURTHER AMENDING 5EC- TION 42.148 () TO DELETE REFERENCE T A COVERED EUESTRIpN AREN PRO - V VI FOR CONFL CTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PRO- VIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECT VE DATEANDFOR TERMINATION AND CODIFI- CATION. THIS NOTICE EXECUTED and dated this 18th day of Otto- beA 2016. Submitted bY: Oaniel5. McIntyre county Attorney T1. u: o,t,b ,, 27.2D16 Cuncrete/Matso ryworli ROY CLARK CONCRETE L P Lc A 999AInz. keno mA633.6osT IRm Contractors/8ullders JOHNSON Remodel. Re airs, Gr en4y, can Ovate ium i etni'Fwenm uc 777672-1353 Im Renovation Remodel Room Additlens 772 919mbathrooms, 2Ry30 Kitchens, ng. Dawt a Od kss Have C stmcti 1 s. CG C 015735 L UIns Electric Providers .... Florida State Electric m VINS fiel .. Call Alan 772-539-1574 E l TROY GIOVENGO ELECTRICAL SRVfiCS 743 t GdrLge Doors A -TECH AxGARAGxE DOORSo n da.l7yRe.P =.R: nz-aze-stir Ho M I t/R p B S. B Ll Alm. icxs5 9iH caw.. (777)206-5515 BRIAN'S RESCREENING S"_- torm repo rspe i II t. Sllpecialixinp In p I G lamas&p tiFree ESU DiscountFw Senwrs & VETSIC 1177D3T0 g COASTMIN ALALUUM Pod I ; ys q alpMinum®f n-16aws6. Tlcaundos DRYWALL REPAIR Pe co re xkEownt RTura. Iinp LicrT72.341.5985 Ins K. M. DRYWALL A Full Drywall Service Com,o5•�8tP.5op"' 77W-Itu SLC Public Notices NOTICE OF INTENT PUBLIC HEARING NOTICE IS HEREBY GIVEN Mat the Board of County Com- issl0ners f Indian River County, Florida, will conduct Is Public Hearing to consider adoption orrxa� Posed orUl- NisAN ORDINANCE OFTHE BOARD OF COUNTY COMMISSION- ERS OF INDIAN RIVER COUN- TY, FLORIDA, AMENDING SECTION 315.02 (DEFINI- TIONS) AND SECTION 315.03 (PROHIBITED ACTIVITIES) OF CHAPTER 315 (PAIN MAN- AGEMENT CLINICS, CON- TROLLED SUBSTANCES AND MEDICAL MARIJUANA) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA TO REVISE THE DEFINITION OF A MEDI- CAL MARIJUANA TREATMENT CENTER AND CLARIFY THE PROHIBITED ACTIVITIES; AND PROVIDING FOR SEVER- ABILITY, CODIFICATION AND AN EFFECTIVE DATE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BOBuuOctober CHAIRMAN7 5 TCN 1324070 Home Services MATURE RESPONSIBLE Vflgtl­ BLUE WATER RPG TION so kl CI k P &Tu p lxry112532 TTa IMSL lar+�pkrgrl®vnSwyyL^ ALL AMERICAN LAWN Free astimat— Commercial & Residential Uc&$ns 772-321.0400 IR GARDENIA LAWN SERVICE z lonn sl LIC.ns. &I Palm tdmmlrg 772.215-7553 SVIR/MC JOSEROCHA m- ]LAWNSERVICE OtcounsttYYfar F ir siFesLc n 3L31royT1.. IFFS to Q Buy & Sell fast! T(PALM Localfieds TnINONaR Coat NwlgnPm Thursday, Octobn 27, 2016 3E NON SEQUITUR W136N Wil COHNLDOl Yd4 DurYT USG FRGGV RGLW NZ. RGALLY — I.Y/T IAl1C4i 0,F A 6ACRlFlC6 44 Tw. '4^•: '-•RINK LWAL-TY PRord2pM PUblICNotioes :. - 'PDNICNottces NOTICE OF INTENT the Office of the Clerk to PUBLIC HEARING the Board ,to t Countyo COrry missioners located the NOTICE IS HEREBY GIVEN Nat 2nd ^ floor of Building A of One COu ty Administrativ Com- Me Senud of County Com- issloners f Indian River County. Floritla, will cOntluct x, 1001 2]th Street, Vero ach. Fµorlda. a public Hearing to consider adop_c Hoo of a VrOposed ordim AaVOnn, by ay wises to ey rd made a Man nan eenti[IeO: me'eth- imgvwill need teo ensure that AN ORDINANCEOFTHE BOARD ade oftho aredinps is made'Y1,10ad OF COUNTY COMMISSION- USOFINDIANRIVERCOUN- ndutles testimony evl- TV FLORIpA, AMENDING SECTION 312.01 (PURPOSE), 312,01 tlm_up.nwhith [he apodal Is baseA. Ancone who needs a specMl SECTION (DEFINI- TIONS) AND SECTION 312.06 od.rea for [his (PROHINTEO ACTIVITY) OF CHAPTER 313 (RIGHTS -OF- Cnuntny4s AmeIfcana`LWItb WAY OF THE CODE OF IN01- Disabilities Act (AOA) CoOr- dinator At 112-226.1223 at AN IVER COUNTY, FLORI- DA IN ORDER TO PROHIBIT least 38 hours in ativance of DISTRIBUTION OF ITEMS IN the meeting. PORTIONS OF THE RIGHTS- INDIAN RIVER COUNTY BOARD OFWAV WITH VERSAND PASSENGERS OFF VEHICLES; OFCOUNTV COMMISSIONERS BOB SOLAR), CHAIRMAN AND PROVIDING FOR C00- pub:OCW r3T.2016 IFICATION, SEVERABILITY. REPEAL OF CONFLICTING 1324038 TCN PROVISIONS, AND AN EFFEC- TIVE DATE PTu'ic will on esdaya Novembeeeld 3016 at 9:05. ., or s soo B, Real Estate o heard, I, mission Chambers located An the first Flow of Building of the Count, Adminis- trative Complex, 1801 2Tm .... Street Vero Beath, Florida 32960, at which time Inter- wit ,respert ct to the Propos d Tnmoaned. a Proposed Pmma..a may business it's all here in the " gtrryular Itic""I hours (8:30 a.m. t0 5 d P -m., Monday fhr0. t Fridays at t r ^�'" U 1:11 Painting 5�`^ A.A. .Pa PAINTING .1>5... M1 6V n )u`eantr DON TIDEY REPAINTS Q Guaranteed FREE Estimates Lic SOD 8311 722-485-2205 C SL at EWS REFINISHING .1.1'r,waucnvarn /Tsar 0,p EII, os56o .5B PT71r4W-0290 SLC&IRC QUALITY PAINTING 758Y KEN INC years. nares No lob loo small WE DOITALL c�lxin-4e6It- STEVEALLEN 129 PAJN�i7NG rs (772)838-2868 Plumbing , of wit 5er�a1lyRapal B00 3301686 All COent`les PLUMBING SERVICE & REPAIR QEAUFlEFo,DTRADES AN Call &ll rt T2 203 0348 e Pressure Washing ; AAAAA AFFORDABLE PRESSURECLEANIN0 eiR e d p l ucnns mD 5oedsol COE'S PRESSURE CLEAN/ COATING SERVICE Res or Comn/LiC&Ins, Pools, Ponos, Roofs, & More! TTa5713157 QUALITY PRESSURE CLEANING CFIRES-rM ICIat7V Roofing BRIAN COFFEY B CONS­ ONIaS k.R&`aROOFwNG fi Ali awnsW;..�taa —.29795 Call772-473-7 W IR RDofing"--' 7 KUHNERT ROOFING Inxd,u Rvers eldest Poo'a Co Rooling Iss aa�ofs pear Ines. LICA Bc001ee71 m2) 561-0883 MTW ROOFING dba TMmRooGnp III(ldole & Installations dRepdins Serving IR Co. 772- 569-6513 ROOF lFAKS 8 REPAIRS ViIIX CeeI.wwoductlon ,am .try all R)2181B 8561 3800 ROOF SPECIALIST s wt; nF,ea enlmates rel Mkei72-nil¢sinal work. THOMPSON'S ROOFING DIVISION Provides expert service 8 warrienty's an your repairs. U—Cc-Saal0enlc:c Ills. Ile Work Renovating? GRANITE COUNTERTOPS in, k Lebens & bathrooms 172-212-5956 I] days)] Qu cksipotest Quick. PrOfOsslorMllnstMlaUon. A2AKOEVEgOolrNT L pins TILE BY CHRIS R k All °s)liac—$. o ro 5_6Fr,2AozP`"`21i6 Tree Se es 1( AFFORDABLE TREE Trimervice m g s(C tpc 'ding. Removal, Lic/Ins 373-370,4567 IR SL MC ARBORMASTERS REE RVC&STUMPGRINDING aa8rdt °ono rdi ion. Braerna� FF_.i3oo Ue/Im bomMs enfl.rom 1. TICyS SERVICES, INC, TIGrapn!e trucks. Firewood t• 717-M7424S or W. 772-4734076 IR/SL TREE TRIMMING& REMOVAL LAWN IS LANDSCAPE No t Lecle L cJ ns 7 a 2 985 7794 Welding KIERSTEAD CUSTOM - CONCEPTS m Steel Fabrkat. a Repaa 1909 SW Biltmore st PSL 34984 Call lames (772) 260,3710 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Public Hearing - B. C.C. 11. 8.16 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney 01 --- DATE: October 24, 2016 SUBJECT: Ordinance Concerning Medical Marijuana Treatment Centers BACKGROUND. ATTORNEY 10h On May 10, 2016, the Indian River County Board of County Commissioners (the "Board') enacted regulations within the Indian River County Pain Management Clinic and Controlled Substances Ordinance, Chapter 315 of the Indian River County Code of Ordinances (the "Ordinance") concerning medical marijuana treatments centers in advance of the vote on Amendment 2. On October 18, 2016, the Board adopted land development regulations concerning medical marijuana treatment centers. On October 18, 2016, the Board also authorized staff to advertise for a public hearing for an ordinance to clarify some of the language within the Ordinance, including the definition of a medical marijuana treatment center and that cultivation of marijuana in Indian River County is prohibited. The County Attorney's Office has drafted the attached ordinance consistent with the language presented to the Board on October 18, 2016. Approved for November 8, 2016 BCC Meeting Public Hearing _ COUNTY ATTORNEY Indian River Co. Apumbd, Date Admin. i1 5 1� Co. Atty. Budget Department lot IfI14 Risk Management --- --- F Aa­ytmd.'GR\'FR1Ld C C,4&nd.Afnn J1,d,.fAfa j.—Ck--Cp Ordi.mue.d- 130 Board or County Commissioners Oclober 24, 2016 Page Two FUNDING. The cost of publication of the required public notice of this public hearing with respect to this proposed ordinance change was $147.05. This cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214-033190). RECOMMENDATION. The County Attorney's Office recommends that the Chair open the public hearing and take public comment on this matter and then have the Board vote whether to approve the ordinance. ATTACHMENT(S). Proposed ordinance F Aw—,1lndo GENERAL B C CAgenda Afens-Wed—I dfa ijuma Clem -L' , Ordin—do 131 ORDINANCE NO. 2016 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 315.02 (DEFINITIONS) AND SECTION 315.03 (PROHIBITED ACTIVITIES) OF CHAPTER 315 (PAIN MANAGEMENT CLINICS, CONTROLLED SUBSTANCES AND MEDICAL MARIJUANA) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA TO REVISE THE DEFINITION OF A MEDICAL MARIJUANA TREATMENT CENTER AND CLARIFY THE PROHIBITED ACTIVITIES; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of County Commissioners previously adopted regulations concerning medical marijuana treatment centers in the event Amendment 2 was approved by the voters; and WHEREAS, the Indian County Board of County Commissioners desires to clarify certain aspects of such regulations including the prohibition on cultivating marijuana within Indian River County, unless otherwise exempted per section 381.986, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Legislative Findings. The Board finds that the "Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. Section 3. Amendment of Section 315.02 (Definitions) and Section 315.03 (Prohibited Activities) of Chapter 312 (Pain Management Clinics Controlled Substances and Medical Marijuana). New language indicated by underline, and deleted language indicated by stinikethFough. 1 132 Section 315.02 (Definitions) and Section 315.03 (Prohibited Activities) of Chapter 315 (Pain Management Clinics, Controlled Substances and Medical Marijuana) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 315. PAIN MANAGEMENT CLINICS, CONTROLLED SUBSTANCES AND MEDICAL MARIJUANA Section 315.02 - Definitions For the purposes of this chapter, the following terms shall have the following meanings: (1) Pain management clinic shall mean any publicly or privately owned facility: that advertises in any medium for any type of pain management services; or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain; or any medical marijuana treatment center as defined below, unless: a. The clinic is licensed as a facility pursuant to F.S. Ch. 395; b. The majority of physicians who provide services in the clinic primarily provide surgical services; c. The clinic is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded fifty million dollars ($50,000,000.00); d. The clinic is affiliated with an accredited medical school at which training is provided for medical students, residents or fellows; e. The clinic does not prescribe or dispense marijuana or controlled substances for the treatment of pain; or f. The clinic is owned by a corporate entity exempt from federal taxation under 26 USC section 501(c)(3). Any clinic or facility meeting the definition above shall be considered a pain management clinic, regardless of its use of any other descriptive name, such as a center for "wellness," "detox," "detoxification," "urgent care," etc. (2) Applicable law shall mean this Code, applicable Florida law, including, without limitation, rules and regulations promulgated by the Florida Department of Health, the Florida Board of Medicine, the Florida Board of Osteopathic Medicine, the Florida Board of Pharmacy, and applicable federal law. (3) Board shall mean the Indian River County Board of County Commissioners. 2 133 (4) Controlled substance shall mean a controlled substance listed in Schedules II, III, or IV in F.S. § 893.03. (5) Chronic nonmalignant pain shall mean pain unrelated to cancer or rheumatoid arthritis which persists beyond the usual course of disease or the injury that is the cause of the pain or more than ninety (90) days after surgery. (6) Department shall mean the Indian River County Community Development Department. (7) Marijuana shall mean cannabis as defined in F.S. § 893.02(3). The term shall include "low -THC cannabis," as defined in F.S. § 381.986(1)(b). (8) Medical marijuana treatment center shall mean an entity that acquires, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes or dispenses marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the depaFtFneRt Department of Health or its successor agency pursuant to Article X Section 29 of the Florida Constitution. (9) Pharmacy shall mean any pharmacy that is subject to licensure or regulation by the Florida Department of Health under F.S. Ch. 465, and dispenses controlled substances in Indian River County. (10) Pain clinic responsible party shall mean any person or entity which owns, in whole or in part, or operates a pain management clinic; any person who manages or supervises the operations of a pain management clinic; any person who has been designated as the responsible physician or osteopathic physician for a pain management clinic, pursuant to F.S. § 458.3265(1)(c) or 459.0137(1)(c), and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter. (11) Pharmacy responsible party shall mean any person or entity which owns, in whole or in part, or operates a pharmacy engaged in activity regulated or prohibited by this chapter; any person who manages or supervises any activity regulated or prohibited by this chapter; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter. (12) Qualified pain management clinic shall mean: a. A pain management clinic which is wholly owned and operated by one (1) or more board-certified anesthesiologists, physiatrists, or neurologists; or b. A pain management clinic which is wholly owned and operated by one (1) or more board-certified medical specialists who have also completed fellowships in pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or C 134 who are also board-certified in pain medicine by a board approved by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes. Except as otherwise provided, a qualified pain management clinic shall be deemed to be a pain management clinic for all purposes set forth herein. Section 315.03. - Prohibited activities. Each of following activities shall be prohibited and shall constitute a violation of this Code: (1) Operation of a pain management clinic without a valid and current permit issued pursuant to section 315.04; (2) Operation of a pain management clinic without a valid and current business tax receipt; (3) Operation of a pain management clinic without a valid and current registration pursuant to F.S. § 458.3265 or 459.0137, or registered by the department of health or its successor agency, pursuant to Article X, Section 29 of the Florida Constitution, unless such clinic is exempt from registration under such statute or the Florida Constitution; (4) Submittal of a permit application, any sworn statement, or any other information required by this chapter, which contains materially false information; (5) Operation of a pain management clinic in violation of a sworn statement submitted to pursuant to sections 315.04 or 315.05, (6) Operation of a pain management clinic or pharmacy in violation of applicable law; (7) Prescribing or dispensing of controlled substances or marijuana in violation of applicable law; (8) Activity within a pain management clinic with respect to a controlled substance in violation of the standards of practice set forth in F.S. § 456.44(3); (9) Operation of a pain management clinic in violation of the facility and physical operations requirements, the infection control requirements, the health and safety requirements, the quality assurance requirements or the data collection and reporting requirements set forth in sections F.S. §§ 458.3265(2)(0-0) and 459.0137(2)(f)—(j), as applicable; (10) Prescribing, administering or dispensing a controlled substance without a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration; 4 135 (11) Operation of a pain management clinic or pharmacy in a manner which allows, permits or encourages persons to stand, sit (including inside parked cars), gather or loiter in or about the clinic's parking area, for a period of time exceeding that which is reasonably required to arrive and depart the parking area, and to walk to and from the parking area and the clinic; (12) Continued leasing or permitted use of a property or structure which is used as a pain management clinic or pharmacy if (a) the landlord or property owner knows or, through the exercise of reasonable care should know, that the clinic or pharmacy is being operated in violation of applicable law, and (b) despite the passage of a reasonable period of time to do so, the landlord or property owner has failed or refused to take reasonable measures to stop or prevent the continued illegal activity on the premises; (13) Failure to advise the department of any change in any information, statements, facts or circumstances, as required by subsection 315.04(10); (14) Cultivation, administration Adminostra or consumption of marijuana at a pain management clinic, including but not limited to Medical Mariivana Treatment Centers; or (15) Operating a medical marijuana treatment center that is not wholly owned and operated by one (1) or more: a. Board-certified anesthesiologists, physiatrists, or neurologists; or b. Board-certified medical specialists who have also completed fellowships in pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board- certified in pain medicine by a board approved by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes. (16) Cultivation of marijuana except as specifically authorized per section 381.986, Florida Statutes. 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 part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. 5 136 Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the day of 2016, for a public hearing to be held on the _ day of November, 2016, at which time it was moved for adoption by Commissioner seconded by Commissionerand adopted by the following vote: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the ordinance duly passed and adopted this day of November, 2016. APPROVED AS TO FORM AND LEGAL SUFFICIENC == BY LAN REINGOLD COUNTY ATTORNEY ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By-. Bob Solari, Chairman EFFECTIVE DATE- This Ordinance was filed with the Department of State on the day of November, 2016. 0 137 Coast Newspapers I TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 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 published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Cooyline PO # 461741 - INDIAN RIVER CO ATTORNEYS OFC 1324070 Meeting: 11/8/16: Clinics Meeting: 11/8/16 Pub Dates October 27, 2016 Sworn to6sub, �,d before me this day o , OctobeA26, 2016, by who is Sherri Cipriani (X) personally known to me or ( ) who has produced Sandra Coldren Notary Public as identification. Q ccs CT 3120 16 VP SANDRA COLDREN My COMMISSION # FF X35 EXPIRES: A nl 1, 2017 Bonded 7hru Notary Public Underrwnters Q ccs CT 3120 16 N W 0 �rJ 0 Notice Of Foreclosure . (ice Pon rf thet9mehilb, rle the schedule aOPearan<e is less Nan ]days; vmce ifImpayou areired headng 0r , Pub1711. : October 20. 27.2016 TCN 1249200 Nptic�e,�7p�3J IN THE CIRCUIT COURT FOR 57. LUCIECOUNTY, FLORIDA PROBATE DIVISION Division Nineteenth File No.: 5W0160P0111014FM IN RE ESTATE OF TERWJASPERHARLESS, Notice To Credito "or e..r1olive: Richard D. Sneed, )r., Esquire E -Mail Address: dsirDa telIN,uth.ne Florida Bar No. 139213 LAW OFFICES OF RICHARD D. SNEED, IR., P.A. VeroBteacin. Flon'da•32960 Telephone: (772) 465-2330 Pub:OctOber 20, 27, 2016 TCN 1319601 Othor Publle NDtice9 BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIECOUNTY,FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN Cha' Other Public Notices to the Ordinance may be made at the pubhea lic ring. N any erson decides to ap eel any dacelon m de o7hitleteECattlhenmeefings ornheattees of earn bolon, agency, eounc➢oor adWsO- ne d a Deco E of `the will needisges and that, for P.ch fn �°a-blifiny, r... more whnleRrecora'ehunId cl ae the testimon and Illicit- Upon which tie ed. upon [penal is to f any party to thbe proceeed during A .ePallnptes[ill ibe Drocrn In. Any Party t° the eetling II be granted amineDory Indual tes[I- lying during a hearing upon Any ne tuldgg N a dlsab"Itr.y alhntlnthis meetindadon t° nlact George LanErsy. Nlsk ManagerD., at (772) 4631783, "GI t forty eight (481 hours l,itide of the propo , to the exaln. Tesed ordi- nance Is: ORDINANCE NO. 16-018 AN ORDINANCE EXTENDING THE TEM OF THE FOURTH AND FIFTH CENT TOUR- IST DEVELOPMENT TAX MPOSED BY ORDINANCE NO:S 02-36 AND 03-12 AS PREVIOUSLY EXTENDED BY OPDIN11-038. THE EXTENSIONSION PROPOSED BY THIS ORDINANCE SHALL BE FROM EO31,2023TO DECEMBERBER31N 42448'PLO- FO SECTION 41 -DE 'PLAN FOR TOURIST DEVELOP - MEND (9), (hO (n AND ( ) TO PROVIDE FOR USES AN EXPENSES OF THE FOURTH AND FIFTH CENT TOUR. IST DEVELOPMENT TAX AS EXTENDED BY ORDINANCE NO.'S Il -028 AND 16.016: FURTHER AMENDING SEC- TION 42.148 (') TO DELETE REFERENCE Tb A COVERED E IESTRIAN ARENA pR0- V LNG FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PRO- VIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE AND FOR TERMINATION AND CODIFI- CATION. THIS NOTICE EXECUTED and dated this 16th day Octo- tier, 2016. Submitted by: Daniel S. McIntyre C.UPuln OCOber 272016 TCN BU234 PubIICNOUceS NOTICE OF INTENT PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Boats of County Com- CousmvcFlorida.w111cooducl a PY Hearing to consider ria «ienuue� °pasm orai- AN ORDINANCE OFTHE BOARD OF COUNTY COMMISSION - ES OF INDIAN RIVER COUN- TY, FLORIDA, AMENDING SECTION 315.02 (DEFINI- TIONS) AND SECTION 315.03 CHAPTIERT 3115 (PAINIEMANF AGEMENT CLINICS, CON- TROLLED SUBSTANCES AND MEDICAL MARUUANpI OF THE CODE OF INDIAN RIVE COUNTY, FLORIDA TO REVISE THE DEFINITION OFA MEDI- CAL MARI1UpNATREATMENT CENTER AND CLARIFY THE PROHIBITED ACTIVITIES; AND PROVIDING FOR SEVER- ABILITY CODIFICATION AND AN EFT�CTIVE DATE. INDIAN RIVER COUNTY BOARO OF COUNTY COMMISSIONERS BOB: SOIARI, CHAIRMAN PubOctober 27. 2016 TCN 1324070 Treasure Coat Newspapers Thursday, October 27, 2016 3E NON SEQUITUR -mm YPU CoNADRt VNG DONT l FRM WILL- 96" ""A, M6REALLY Vert MUCH of, A SACRIFICC ' oii, lRe aoJe TALW wim-Tv PROD lt"A . _. .. Leaning Services aorcrw.can PUbne Notices Publle Notices NOTICE OF INTENT the Office of the Clerk to PUB LIC HEARING the Board of CountyeCom- misIcerIs lecatetl n the NOTICE IS HER GIVEN [hat 2nd Boor of BUIl1411 A of Ne the Board of County Com- on I f Indian River County Administrative Lom- Alex, 1801 27th ElleeU Vera Beach, Flodda. Counity, Florida, will conduct a Public Hearing to consider Anyone wrho may wish t0 aeonscm l ay eposed old!- aPy De an at this meet n tletl: Ing will need to ensure that AN ORDINANCE OFTHEBOARD verbatim record of the leg OFCCOMMISSION- ES OF INDIAN RIVER COUN- Processtimny.•.which y TV, FLORIDA, AMENDING tlenceu on whit tdapDed SECTION 312.02 (PUPPOSE), SECTION 311.04 (DEFINI- Anoo... needs a special TIONS) AND SECTION 313.06 (PROHIBITED me a co oda[ion for this ACTIVITY) OF CHAPTER 312 (RIGHTS -OF- CountnY�s AmericansarWltn Disabilities Act WAY) OF THE CODE OF INDI- AN RIVER COUNTY, FL0R1- (ADA) Coor- d;nator at 772.228.1223 at OIE A N ORDR TO PROHIBIT DISTRIBUTION OF ITEMS IN Ices[ 48 hours in advance of the meeting. OOF THE RIGHTS- INDIAN RIVER COUNTY BOARD OF -WAY -WAY W WITH DRIVERS AND Oi VEHICLES; OFCOUNTV COMMISSIONERS AND AND PROVIDING FOR C. 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Biltmore St PSL 34904 LI, 774672-43531., 172-6W-4338 SIMC coc13n795 call 772.4TI41531R Can lames(772) ZW3710 137-A 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(10)(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 Rigby and Bill Rigby ADDRESS: 8465 59`h Avenue PHONE: 772-501-4753 SUBJECT MATTER FOR DISCUSSION: Issue on Natural Gas/Franchise Agreement Negotiated with Waste Management IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES El NO IS THIS AN APPEAL OF A DECISION El YES lx:l NO WHAT RESOLUTION ARE YOU � REQUESTING OF THE COMMISSION? Answers to questions on Franchise Agreement ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR MEETING DATE: Jason E. Brown November 8, 2016 DI inlenQ 138 INDIAN RIVER COUNTY BOARD OFC (� 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(10)(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: Brian Heady ADDRESS: 406 19'h Street, Vero Beach PHONE: 772-696-4242 SUBJECT MATTER FOR DISCUSSION: Representative Government IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION ElYES KI NO ❑ YES El NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Corrective Action By County Commission ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 0 YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Corrective Action by County Commission Transmitted to Administrator Via: Interactive Web Form X E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown November 8, 2016 Document? 139 PUBLIC NOTICE ITEMS: 11/8/16 Office of INDIAN RIVER COUNTY Mylan Keingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorne DATE: October 31, 2016 ATTORNEY RE: Public Notice of Public Hearing Scheduled for November 15, 2016 to Consider Creating a New Chapter 317 of the Code of Indian River County to Prohibit Oil and Gas Well Stimulation (Fracking) The Board of County Commissioners will hold a Public Hearing on Tuesday, November 15, 2016, to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING CHAPTER 317 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED "OIL AND GAS WELL STIMULATION PROHIBITED"; PROHIBITING OIL AND GAS WELL STIMULATION; AND PROVIDING FOR CODIFICATION, SEVERABILITY, A GENERAL REPEALER AND AN EFFECTIVE DATE. /nhm Approved for November 8, 2016 BCC Meeting Public Notice Items CO TY ATTORNEY Indian River Co. Approv d Date Admin. 11011(d" Co. Afty. Budget Department uta Risk Mgmt. 140 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Of ce of INDIAN MEMORANDUM TO: Board of County Commissioners THROUGH: Rich Szpyrka, Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: November 1, 2016 Attorney's Matters 11/08/2016 RIVER COUNTY ATTORNEY SUBJECT: Jenkins vs. IRC - Unconditional Offer for a parcel of property located on the south side of 53rd Street west of Old Dixie Highway I. INTRODUCTION The following information is submitted for consideration by the Board of County Commissioners (BCC) in approving an Unconditional Offer for acquisition of a slope easement associated with the construction of 531 Street west of Old Dixie Highway (hereinafter referred to as "Project"), in Indian River County. The limits of the 53rd Street Project are from the intersection of Indian River Boulevard west to 58th Avenue. II. PROJECT PURPOSE AND CHRONOLOGY The Project consists of constructing 53rd Street into a four -lane road with bridges, turn lanes, improved drainage, sidewalks and signalization. The project also includes roadway signing and pavement marking items. The Estate of William and Carlyne Jenkins, (Jenkins) owns two adjacent parcels of property that lie on the south side of 53rd Street west of Old Dixie Highway and east of the Waterway Village development. The two parcels have a combined size of 27.63 acres. These roughly rectangular - shaped parcels are zoned A-1, Agricultural, up to 1 unit per five acres. The underlying future land use is C/I Commercial Industrial. The parcels are undeveloped and were the site of the former ~ Cuaa'Y ATTORNEY 10i,n River ca Ap o ed Gate dyet j I 141 531d Street Jenkins Unconditional Offer November 2, 2016 Page 12 Jenkins sand mine. The property is in the process of being filled in and at this point, approximately 15 acres are submerged. The road construction plans for 53 Id Street called for the County to acquire approximately 6.2 acres of submerged and upland property from the Jenkins for road right-of-way for the construction of 53rd Street. That purchase was completed in 1988. The County also needed a 2.86 acre Temporary Construction Easement (TCE) on the south side of the right-of-way parcel for access during the construction process. A sketch and legal description of the Permanent Slope Easement and an aerial of the two parcels owned by the estate are attached to this memorandum. Following the completion of the Project, it was discovered that the area used for a TCE was permanently covered with fill material in order to support the road. In hindsight, the County should have sought a Permanent Slope Easement when purchasing the needed right-of-way rather than a Temporary Construction Easement. After discovering that the TCE was of a permanent nature, the Jenkins filed a lawsuit alleging that Indian River County had inversely condemned this portion of their property by placing fill material on the Jenkins property. That suit is pending in the Circuit Court and the County is represented by its outside eminent domain attorney, Bill Doney, Esq. To rectify the problem of placing fill permanently on the Jenkins Estate submerged property, the County needs to acquire a Permanent Slope Easement via eminent domain. In order to provide for the lateral support for the 53rd Street Extension and to harmonize the roadway with abutting lands, the County needs to acquire a Permanent Slope Easement on, over and under the TCE parcel. This slope easement can be used by the County to permanently place or install soil, sand and other fill materials over the easement area in order to provide lateral support and to prevent the washout or erosion of the 53rd Street roadway. By acquiring the Permanent Slope Easement, the County will have the permanent right to enter the easement area in order to repair, replace and maintain the easement area and the materials placed thereon. The Jenkins, their heirs, successors and assigns, will have full use of the easement area but they would be permanently prohibited from removing or interfering with the operation, functioning, maintenance or repair of the fill materials or improvements placed on the easement area by County. In order to obtain the needed slope easement for the 53rd Street improvements, the County needs to file an action in eminent domain, naming the Jenkin's Estate as owner of the property. The Board took the first step in that process at its meeting of March 15, 2016, by approving a Resolution of Necessity. That Resolution declares: • It is necessary to acquire the property using Eminent Domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the owners of the needed property • Authorizes County employees and its agents to take action necessary to prosecute the lawsuit to Final Judgment The next step in the eminent domain process is to make an Unconditional Offer to the Jenkins Estate for purchase of the needed slope easement. The Unconditional Offer must be based on an appraisal of the property. The County has retained the services of Glen Spivey, an appraiser experienced in eminent domain appraisals for both private landowners and government entities. In order to assist Mr. Spivey in forming his opinion of value, the County has retained engineer Brian Good of Kimley-Horn and Associates and land planner Michael Houston. After review of 142 53 Id Street Jenkins Unconditional Offer November 2, 2016 Page 13 comparable sales, the engineer's and land planner's reports, Mr. Spivey has concluded the value of the needed slope easement to be $125,000.00. In comparison, the appraiser hired by the Jenkins Estate valued the 2.86 acre parcel at $466,800.00 for a fee simple taking of the property, rather than the Permanent Slope Easement. The Board must now decide the amount of the Unconditional Offer it must make to the Jenkins Estate for purchase of the Permanent Slope Easement interest in the property. The Unconditional Offer should be at least equal to the appraised value. The offer sets the basis for calculation of attorney's fees and future negotiations for purchase of the slope easement whether at settlement discussions, mediation or at trial. In his appraisal, Mr. Spivey took into account sales of similarity zoned parcels and also gave the County credit for the amount of fill already placed on the Jenkins Estate property. The Jenkins Estate is represented by attorney Robert Gorman of the law firm of Robert J. Gorman, PA in Ft. Pierce. Upon approval of this Unconditional Offer, the County will send Mr. Spivey's appraisal report and the offer letter to the Jenkins Estate. If the offer is not accepted, the County will file a counter suit in eminent domain and attempt to negotiate a Stipulated Order of Take for the slope easement. The parties will then attend a mediation conference in an attempt to settle the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) person jury trial and the jury will determine the amount of compensation to be paid to the Jenkins Estate. III. FUNDING Although not currently budgeted, funds for this expenditure are available through a budget amendment from Traffic Impact Fees/District II/Cash Forward -Oct 1 st. to Traffic Impact Fees/District II/ROW/53rd Ave/58th St to US 1, Account # 10215241-066120-02025. IV. RECOMMENDATION Staff recommends that the Board approve making an unconditional offer for the Permanent Slope Easement to the Jenkins Estate in the amount of $125,000. Attachments: Permanent Slope Easement legal description, aerial and TCE Copies to Rich Szpyrka Bill Doney, Esq. 143 PERMANENT SLOPE EASEMENT A PORTION OF THOSE LANDS DESCRIBED IN O.R.B. 1129, PG. 1611 AND O.R.B. 243. PG. 286 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID LAND LYING IN THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST, SAID POINT LYING ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF 53RD STREET, AND RUN EASTERLY, ALONG THE SAID NORTH LINE OF SECTION 22, A DISTANCE OF 404.07 FEET TO A POINT, SAID POINT BEING THE N.W. CORNER OF PROPERTY DEEDED TO TARMAC AMERICA L.L.C. RECORDED IN O.R.B. 2015, PG, 280 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTHEASTERLY, ALONG THE WEST LINE OF SAID O.R.B. 2015, PC. 280, A DISTANCE OF 103.8 FEET, MORE OR LESS, TO A POINT LYING 100 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 22; THENCE RUN WESTERLY, ALONG A UNE PARALLEL WITH AND 100 FEET SOUTH OF THE NORTH LINE OF SECTION 22, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "H" CANAL (160' R/W PER INDIAN RIVER FARMS DRAINAGE DISTRICT PLAN OF RECLAMATION WE OF THE MAP DATED MARCH 1920); THENCE RUN NORTHWESTERLY, ALONG THE SAID EAST RIGHT-OF-WAY L LATERAL "H" CANAL, A DISTANCE OF 111.6 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID SECTION 22 AND THE EXISTING SOUTH RIGHT-OF-WAY LINE OF 53RD STREET; THENCE RUN EASTERLY, ALONG THE SAID NORTH LINE OF SECTION 22 AND THE EXISTING SOUTH RIGHT-OF-WAY LINE OF 53RD STREET, TO THE POINT OF BEGINNING. CONTAINING 124,724 SQUARE FEET, MORE OR LESS, OR 2.86 ACRES. NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. � I1 283 144 Indian River County, Florida Property Appraiser - Printer Friendly Map Indian River County GIS Page I of 1 ParcelID OwnerName PropertyAddress 32392200000100000004.0 JENKINS WILLIAM E CARLYNE Notes 5300 31 ST AV VERO BEACH, FL 32967 145 http://www.ircpa.org/PrintMap.aspx 5/9/2012 Pagel of 3 2006155 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2355 PG: 775, 07/21/2009 10:57 AM DOC STAMPS D $0.70 0-0 Parcel I.D. # 32-39-22-00000-1000-00004.0 - #32-39-22-00000-1000-00003.1 4,- UNTYATTORNEY'S OFFICE INDIAN RIVER COUNTY 1801 27th 57RARY CONSTRUCTION EASEMENT Vero Beach, Florida 9 This TEMPORARY CONSTRUCTION EASEMENT, made and executed this AD day of A.D., 200_q by William E. and Carlyne Jenkins whose address is 2046 39th Ave. VeVo Bea& FL 32960 hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27"' Street, Vero Beach, Florida 32960, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This easement is for all construction related incidentals related to the project. The easement shall exist only until the completion of the construction work for the * 53rd Street Extention project, County Project No. 9529. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed, and delivered in the presence of: Witness Signature G(J Printed Name Iq VS t ✓, j�4 y / 5 Witness Signature Clt Printed Name: BC,-bd�a Cin rz✓ 1K r rar, 2 Witness Signature Printed Name : Witness Signature. Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoin ins en t was 2009, by /00 a ro personally known me or pr-( Printed name & Commission # William E. Jenkins Grantor SignadV-at Printed Name: �- /C%arlyne Jenkins Grantor Signature , Printed Name: before methis_ day of ltlt on behalf of same, and he/se as identification. 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