HomeMy WebLinkAbout03/17/2020 (2)�ORT�
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, March 17, 2020 - 9:00 A.M.
Commission Chambers
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Susan Adams, Chairman District I Jason E. Brown, County Administrator
Joseph E. Flescher, Vice Chairman District 2 Dylan Reingold, County Attorney
Tim Zorc District 3 Jeffrey R. Smith, Clerk of the Circuit
Peter D, O'Bryan District 4 Court and Comptroller
Bob Solari District 5
1. CALL TO ORDER 9:00 A.M. GRANICUS #
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND
MEMBERS OF THE ARMED FORCES
2.B. INVOCATION Reverend Holly Adams, Community Church
of Vero Beach
3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS
[Additions,
1. County Attorney Matters: Resolutions Delegating the Authority to the County
Administrator
2. County Administrator Matters: Coronavirus Update
Deletions:
1. 5.B. Presentation of Proclamation Designating April 15, 2020 As Jackie
Robinson Day
2. 5.E. Mounty Vero 5K Run/Walk
5. PROCLAMATIONS and PRESENTATIONS
A. Environmental Certificate of Recognition
20-1394
March 17, 2020 Page 1 of 6
B.
Presentation f Proclamation n si a o tinApril 15, 20-202n � �s jae
Robinson
20-1395
C.
Presentation of Proclamation Designating the Week of March 16-20, 2020
As Government Finance Professionals Week
20-1396
D.
Presentation of Proclamation Designating the Week of March 15 Through,
March 21, 2020, As National Surveyors Week
20-1397
E.
Mount Vero 5K Rup, i alk
20-1403
6. APPROVAL OF MINUTES
A.
Regular Meeting Minutes of November 19, 2019
20-1405
Regular Meeting of December 03, 2019
.B.
20-1413
C.
Regular Meeting of December 10, 2019
20-1414
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A..
Checks and Electronic Payments February 28, 2020 to March 5, 2020
20-1401
B.
Agreement to Warranty and Guaranty Utility Improvements Under Florida
East Coast Railway Property
20-1399
C.
Lease Agreement 26015 1 st Avenue, Vero Beach, FL 3 296.6Tenants: Nick
Pappas and Ember Pappas
20-1402
D.
66th Avenue Phase IB and Phase I1 - Amendment No. 7 (IRC -1505 &
1505B)
20-1412
Originals for Execution
E.
Release and Satisfaction of Demolition Lien; 4606 32nd Avenue, Vero
Beach, FL 32967; Tax Parcel No. 32-39-22-00000-7000-00077.0
20-1408
Originals for Execution
F.
Resolutions Cancelling Taxes on Properties Acquired by Indian River
County for Public Purpose
20-1409
Originals for Execution
March 17, 2020
Page 2 of 6
G.
Children's Services Advisory Committee's Recommendation of Request
for Proposal, Grant Application and Agency Grant. Contract for
FY2020/21
20-1411
H.
Florida Department of Law Enforcement (FDLE) FYI Certificate of
Participation Edward Byrne Memorial Justice Assistance Grant (JAG)
Program
20-1417
I.
Miscellaneous Budget Amendment 006
20-1420
Originals for Execution
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A.
PUBLIC HEARINGS
None
B.
PUBLIC DISCUSSION ITEMS
1. Request to Speak from Brodley Williams regarding Utility Lien
at 1815 38th PI
20-1381
2. Request to Speak from Robert Booth regarding installation of a
traffic signal at 16th St and 58th Ave
20-1404
3. Request to Speak from Brennen Kliffmueller regarding Provision
of a Coronavirus Emergency Relief Fund
20-1423
C.
PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing for April 7, 2020: Magnolia
PD (Quasi -Judicial)
20-1389
2. Notice of Scheduled Public Hearing for April 7, 2020: Bentley
Right-of-way Abandonment (Legislative)
20-1391
3. Notice of Scheduled Public Hearing to Consider Modifications to
County Code Sections 201.64 and 201.65 (Legislative)
20-1400
March 17, 2020 Page 3 of 6
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
F.
Public Works
None
G,
Utilities Services
None
March17, 2020
Page 4 of 6
13. COUNTY ATTORNEY MATTERS
A.
Code Enforcement Board — Member At Large Appointment
20-1418
B.
Indian River County et al., v. United States Department of Transportation,
et al
20-1419
C.
Letter of Intent to Purchase Property for Animal Control Facility at 210
Old Dixie Highway
20-1421
Originals for Execution
14. COMMISSIONERS MATTERS
A.
Commissioner. Susan Adams, Chairman
None
B.
Commissioner Joseph E. Flescher, Vice Chairman
None
C.
Commissioner Tim Zorc
None
D.
Commissioner Peter D. O'Bryan
None
E.
Commissioner Bob Solari .
None
15. SPECIAL DISTRICTS AND BOARDS
A.
Emergency Services District
None
B.
Solid Waste Disposal District
None
March 17, 2020
Page 5 of 6
C. Environmental Control Board
None
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board
shall provide an opportunity for public comment prior to the undertaking by the Board of any action on
the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any
proposition which the Board is to take action which was either not on the Board agenda or distributed to
the public prior to the commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that
a verbatim record of the proceedings is made which includes the testimony and evidence upon which the
appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, and the North County Library.
March 17, 2020
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to S: 00 p.m.
C 4
Indian River.County, Florida
Solid Waste Disposal District
Board Memorandum
Date: February 17, 2020
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD)
Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD
Subject: Environmental Certificate of Recognition
The Solid Waste Disposal District (SWDD) would like to recognize The Rotary Club of Vero Beach and Mr.
Dan Compas for their outstanding environmental stewardship and dedication to the community.
Through the generous donations from the Rotary and the efforts of Mr. Compas, all schools in Indian River
County have been provided with a film receptacle and have implemented a successful recycling program
for loose plastic film recycling. The schools have successfully diverted large amounts of plastic bags and
other material from the landfill. The Rotary and Mr. Compas have also been instrumental in initiating film
recycling within many commercial businesses throughout the county to include Walking Tree Brewery,
John's Island, Polo/Ralph Lauren, The Environmental Learning Center, Orchid Island Kayak, and Coastal
Van Lines..The list continues to grow on a daily basis.
Through the vision of the Rotary Club and Mr. Compas, there has been a positive environmental impact
in our local community.
PROCLAMATION 56
DESIGNATING APRIL 15, 2020 AS JACKIE ROBINSON DAY
WHEREAS, April 15, 2020 will mark the 73rd anniversary of Jackie Robinson making his
Major League debut with the Brooklyn Dodgers as he broke the color barrier in 1947 to become
the first African-American to play Major League Baseball; and
WHEREAS, Jackie Robinson spent nine Spring Trainings (1948-56) at Dodgertown, Vero
Beach and the Dodgers advanced to the World Series five times in those years; and
WHEREAS, In 1948 Dodgertown became the first and only integrated Spring Training
site in the South; and
WHEREAS, Major and Minor League Baseball celebrates Jackie Robinson Day
nationally each April 15th; and
WHEREAS, Mr. Pat O'Conner, Minor League Baseball President & CEO, said "Minor
League Baseball is proud to be part of this annual celebration in Vero Beach as we play a Florida
State League Game in Holman Stadium at the Jackie Robinson Training Complex to honor him";
and
WHEREAS, the seventh annual Jackie Robinson Celebration game will take place on
Wednesday, April 15, 2020, at the Jackie Robinson Training Complex, formerly known as Historic
Dodgertown, when the St Lucie Mets host the Bradenton Marauders to benefit a worthy cause, the
United Way of Indian River County; and
WHEREAS, the cost of this Minor League Baseball game is kept low so that it can be a
true community -wide celebration.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board designates April 15,
2020, as Jackie Robinson Day, and hereby congratulates Major League Baseball on its work and
success in Indian River County over the past 72 years.
Adopted this 17th day of March, 2020. BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Susan Adams, Chairman
Joseph E. Flescher, Vice Chairman
Tim Zorc
Peter D. O'Bryan
Bob Solari
6�
PROCLAMATION
DESIGNATING THE WEEK OF MARCH 16-20, 2020
AS GOVERNMENT FINANCE PROFESSIONALS WEEK
WHEREAS, The Florida Government Finance Officers Association is a professional
association founded in 1937 and serves more than 3,300 professionals from state, county and
city governments, school districts, colleges and universities, special districts and private firms;
and,
WHEREAS, the FGFOA is dedicated to being your professional resource by providing
opportunities through education, networking, leadership and information; and,
WHEREAS, this inaugural Government Finance Professionals Week, sponsored by the
FGFOA and all of its member governmental organizations, is a weeklong series of activities
aimed at recognizing government finance professionals and the vital services that they provide
to our state and our community; and,
WHEREAS, during this week, government finance professionals throughout the State of
Florida will be acknowledged for their hard work, dedication and leadership.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of March 16-20, 2020,
be designated as Government Finance Professionals Week in Indian River County and the
Board encourages all citizens to extend our appreciation to all government finance
professionals throughout the state and here in Indian River County.
Adopted this 17th day of March, 2020. BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Susan Adams, Chairman
Joseph E. Flescher, Vice Chairman
Tim Zorc
Peter D. O'Bryan
Bob Solari
3
-so
PROCLAMATION
DESIGNATING THE WEEK OF MARCH 15 THROUGH 21, 2020, AS
NATIONAL SURVEYORS WEEK
WHEREAS, land surveyors are counted among the founding leaders of our county and
were instrumental in the formation of the layout of property boundaries in the United States, providing
our citizens the opportunity to enjoy the American dream of property ownership; and,
WHEREAS, United States Presidents George Washington, Thomas Jefferson, John
Adams, and Abraham Lincoln all served as surveyors, contributing to the historical mapping of
America in its early years; and,
WHEREAS, the surveying profession requires special education, training, the knowledge of
mathematics, the related physical and applied sciences, and requirements of law for evidence; and,
WHEREAS, surveyors are uniquely qualified and licensed to determine and describe land
and water boundaries for the management of natural resources and protection of private and public
property rights; and,
WHEREAS, the continual advancements in instrumentation have required the surveyor to
not only be able to understand and implement the methods of the past, but also to learn and employ
modern technology in finding solutions to meet the challenges of time; and,
WHEREAS, the citizens of Indian River County recognize the valuable contributions of the
surveying profession to history, development, and quality of life throughout our country, and make
important decisions based on the knowledge and expertise of licensed surveyors and mappers.
NOW, THEREFORE,, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of March 15 through 21,
2020, be designated as "NATIONAL SURVEYORS WEEK" in Indian River County, and the Board
encourages all citizens to recognize the many contributions and the ongoing dedication of surveyors
to our community and throughout the United States.
Adopted this 17th day of March, 2020. BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Susan Adams, Chairman
Joseph E. Flescher, Vice Chairman
Tim Zorc
Peter D. O'Bryan
Bob Solari 4
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: March 3, 2020
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Thru: Mike Redstone, Indian River Recreation Department
Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD)
Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD
Subject: Mount Vero 5K Run/Walk
Description:
Per a joint collaboration, the Indian River County Recreation Department, Special Olympics Florida —
Indian River County, and the Solid Waste Disposal District (SWDD) will be holding the inaugural Mount
Vero 5K Run/Walk at the Indian River County Landfill. The race will be held on Wednesday, April 22, Earth
Day, with a start time of 6 pm.
The race will challenge local athletes to reach the top of the highest point in Indian River County, as well
as help bring a greater awareness of SWDD services and provide recycling education along the course.
Proceeds from the race will benefit Special Olympics Florida — Indian River County and the Indian River
County Recreation Department Children's Assistance Program (CAP).
Funding:
This is not a budgeted event; however, this is a self -sustained event in that projected revenues from both
sponsorships and race participation are expected to cover the total expenses, resulting in proceeds to be
split equally between the beneficiaries listed above. The following accounts have been set up to track the
estimated revenues and expenses:
Description
Account Number
Amount (estimated)
Sponsorships - Mt. Vero 5K Run/Walk
004038-366110
Revenues - $7,000
Mt. Vero 5K Run/Walk
00410872-041111
Expenses - $4,000
Recommendation:
This item is for informational purposes only — no action required.
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 27t` Street
Vero Beach, FL 32960
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: ELISSA NAGY, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: . March 5, 2020
IOU
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
February 28, 2020 to March 5, 2020
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 February 28, 2020 to March 5, 2020.
6
CHECKS WRITTEN
TRANS NBR
DATE
VENDOR
AMOUNT
392839
03/05/2020
RACE TO SAFETY TRAINING LLC
1,470.00
392840
03/05/2020
KRISTIN LEIENDECKER
23.77
392841
03/05/2020
WILLIAM HERRINGTON
181.88
392842
03/05/2020
MERCEDES LANEY
1,798.55
392843
03/05/2020
PORT CONSOLIDATED INC
994.30
392844
03/05/2020
STURGIS LUMBER & PLYWOOD CO
49.88
392845
03/05/2020
COMMUNICATIONS INTERNATIONAL
420.00
392846
03/05/2020
TEN -8 FIRE EQUIPMENT INC
3,853.72
392847
03/05/2020
RANGER CONSTRUCTION IND INC
644.68
392848
03/05/2020
VERO CHEMICAL DISTRIBUTORS INC
434.50
392849
03/05/2020
RICOH USA INC
140.84
392850
03/05/2020
HENRY SCHEIN INC
5,157.94
392851
03/05/2020
SAFETY PRODUCTS INC
240.52
392852
03/05/2020
AT&T WIRELESS
500.89
392853
03/05/2020
LINDEN-BEALS CORP
59.50
392854
03/05/2020
BRENDA DICKHART
96.00
392855
03/05/2020
PARALEE COMPANY INC
600.00
392856
03/05/2020
DELTA SUPPLY CO
38.07
392857
03/05/2020
SAFETY KLEEN SYSTEMS INC
160.00
392858
03/05/2020
GRAYBAR ELECTRIC
1,966.56
392859
03/05/2020
WILD LAND ENTERPRISES INC
280.00
392860
03/05/2020
HACH CO
1,296.62
392861
03/05/2020
NATIONAL FIRE PROTECTION ASSOC
1,345.50
392862
03/05/2020
BOUND TREE MEDICAL LLC
1,983.24
392863
03/05/2020
PETES CONCRETE
950.00
392864
03/05/2020
ECOTECH CONSULTANTS INC
2,674.00
392865
03/05/2020
TIRESOLES OF BROWARD INC
5,096.62
392866
03/05/2020
CITY ELECTRIC SUPPLY COMPANY
163.14
392867
03/05/2020
CARTER ASSOCIATES INC
3,380.00
392868
03/05/2020
CHILDCARE RESOURCES OF IRC INC
11,267.66
392869
03/05/2020
NEWMANS POWER SYSTEMS
1,908.90
392870
03/05/2020
GOLF SPECIALTIES INC
750.00
392871
03/05/2020
BLAKESLEE SERVICES INC
609.00
392872
03/05/2020
BAKER & TAYLOR INC
7,433.36
392873
03/05/2020
MIDWEST TAPE LLC
1,740.57
392874
03/05/2020
CENTRAL WINDOW OF VERO BEACH INC
5,530.00
392875
03/05/2020
DWYER INSTRUMENTS INC
199.51
392876
03/05/2020
BAKER DISTRIBUTING CO LLC
10.16
392877
03/05/2020
CENGAGE LEARNING INC
730.90
392878
03/05/2020
SOFTWARE HARDWARE INTEGRATION
731.91
392879
03/05/2020
COMMUNITY ASPHALT CORP
765,618.63
392880
03/05/2020
CLERK OF CIRCUIT COURT
3,805.81
392881
03/05/2020
ROGER J NICOSIA
800.00
392882
03/05/2020
CITY OF VERO BEACH
2,823.43
392883
03/05/2020
AT&T CORP
94.85
392884
03/05/2020
UNITED PARCEL SERVICE INC
24.75
392885
03/05/2020
EBSCO INDUSTRIES INC
74.39
392886
03/05/2020
LIVINGSTON PAGE
125.00
392887
03/05/2020
BLUE CROSS & BLUE SHIELD OF FLORIDA INC
27.45
392888
03/05/2020
JANITORIAL DEPOT OF AMERICA INC
124.78
392889
03/05/2020
PUBLIX SUPERMARKETS
91.90
392890
03/05/2020
PUBLIX SUPERMARKETS
51.03
392891
03/05/2020
ACUSHNET COMPANY
694.84
392892
03/05/2020
FEDERAL EXPRESS CORP
4.38
392893
03/05/2020
FEDERAL EXPRESS CORP
6.90
392894
03/05/2020
FEDERAL EXPRESS CORP
27.30
392895
03/05/2020
CALLAWAY GOLF SALES COMPANY
1,583.58
392896
03/05/2020
SUBSTANCE AWARENESS COUNCIL OF IRC INC
13,577.53
7
TRANS NBR
DATE
VENDOR
AMOUNT
392897
03/05/2020
SUBSTANCE AWARENESS COUNCIL OF IRC INC
12,206.14
392898
03/05/2020
FLORIDA POWER AND LIGHT
57,010.85
392899
03/05/2020
FLORIDA POWER AND LIGHT
1,364.21
392900
03/05/2020
INDIAN RIVER COUNTY TAX COLLECTOR
9,632.27
392901
03/05/2020
TAYLOR MADE GOLF CO INC
1,073.47
392902
03/05/2020
GAIL E FLINN
210.00
392903
03/05/2020
GLOBAL GOLF SALES INC
499.27
392904
03/05/2020
SUNSHINE STATE ONE CALL OF FL INC
1,130.33
392005
03/05/2020
CATHOLIC CHARITIES DIOCESE OF PALM BCH
3,119.35
392906
03/05/2020
STRUNK FUNERAL HOMES & CREMATORY
425.00
392907
03/05/2020
IRC HEALTHY START COALITION INC
2,500.00
392908
03/05/2020
IRC HEALTHY START COALITION INC
1,783.16
392909
03/05/2020
IRC HEALTHY START COALITION INC
833.33
392910
03/05/2020
IRC HEALTHY START COALITION INC
2,500.00
392911
03/05/2020
BE SAFE SECURITY ALARMS INC
125.00
392912
03/05/2020
GIFFORD COMMUNITY CENTER
3,349.04
392913
03/05/2020
HENRY SMITH
75.00
392914
03/05/2020
ALAN C KAUFFMANN
1,050.00
392915
03/05/2020
WEST MARINE PRODUCTS INC
50.97
392916
03/05/2020
EVENTMAKERS INTERNATIONAL LLC
864.35
392917
03/05/2020
ARNOLD AIR CONDITONING INC
4,081.00
392918
03/05/2020
CHILDRENS HOME SOCIETY OF FL
2,243.89
392919
03/05/2020
MICHAEL E HYDE
200.00
392920
03/05/2020
BRIDGESTONE AMERICAS INC
1,955.38
392921
03/05/2020
GATOR'S SOD INC
425.00
392922
03/05/2020
AMERICAN ASSOCIATION OF STATE HWY
407.40
392923
03/05/2020
TRANE US INC
1,328.00
392924
03/05/2020
CELICO PARTNERSHIP
174.15
392925
03/05/2020
VAN WAL INC
60.00
392926
03/05/2020
ELECTRONIC ACCESS SPECIALIST
704.20
392927
03/05/2020
JOSEPH W VASQUEZ
25.00
392928
03/05/2020
BIG BROTHERS AND BIG SISTERS
1,250.00
392929
03/05/2020
THE SHERWIN WILLIAMS CO
531.55
392930
03/05/2020
SOUTHERN JANITOR SUPPLY INC
976.32
392931
03/05/2020
SWANK MOTION PICTURES INC
395.00
392932
03/05/2020
OCLC ONLINE COMPUTER LIBRARY CENTER
1,216.30
392933
03/05/2020
OCLC ONLINE COMPUTER LIBRARY CENTER
470.40
392934
03/05/2020
E W SIVER & ASSOCIATES INC
11,655.90
392935
03/05/2020
HEVERON GROUP INC
3,127.16
392936
03/05/2020
LARRY STEPHENS
75.00
392937
03/05/2020
ORCHID ISLAND PROPERTY MGMT II INC
5,870.00
392938
03/05/2020
FLORIDA ASSOC OF COUNTY ENG
350.00
392939
03/05/2020
RUSH TRUCK CENTERS OF FLORIDA
167.17
392940
03/05/2020
JOHNNY B SMITH
525.00
392941
03/05/2020
SUMMERLINS MARINE CONST LLC
5,500.00
392942
03/05/2020
DANE MACDONALD
275.00
392943
03/05/2020
GLOBALSTAR USA
190.44
392944
03/05/2020
CHARLES A WALKER
300.00
392945
03/05/2020
FISHER & PHILLIPS LLP
3,836.00
392946
03/05/2020
SACHS, BARRY J
546.27
392947
03/05/2020
GUARDIAN COMMUNITY RESOURCE MANAGEMENT
3,125.00
392948
03/05/2020
VATLAND IMPORTS INC
185.44
392949
03/05/2020
KATHLEEN P DOUGHERTY
30.00
392950
03/05/2020
PIPE MASTERS INC
720.00
392951
03/05/2020
FLEETBOSS G P S INC.
101.30
392952
03/05/2020
NICOLACE MARKETING INC
8,776.25
392953
03/05/2020
GUETTLER BROTHERS CONSTRUCTION LLC
24,945.03
392954
03/05/2020
OVERDRIVE INC
1,008.85
392955
03/05/2020
KEITH GROCHOLL
150.00
392956
03/05/2020
WILD TURKEY ESTATES OF VERO LLC
3,026.48
TRANS NBR
DATE
VENDOR
AMOUNT
392957
03/05/2020
ALTERATIONS BLESSED
59.00
392958
03/05/2020
ENTERPRISE LEASING COMPANY OF FLORIDA LLC
69.11
392959
03/05/2020
CARDINAL HEALTH 110 INC
755.68
392960
03/05/2020
MUNICIPAL EMERGENCY SERVICES INC
954.75
392961
03/05/2020
ALEX MIKLO
275.00
392962
03/05/2020
BURNETT LIME CO INC
9,466.80
392963
03/05/2020
TREASURE COAST TURF INC
982.65
392964
03/05/2020
CARMEN LEWIS
369.00
392965
03/05/2020
STRAIGHT OAK LLC
53.95
392966
03/05/2020
SCADA SOLUTIONS LLC
3,700.00
392967
03/05/2020
C E R SIGNATURE CLEANING
1,875.00
392968
03/05/2020
PIERCE GOODWIN ALEXANDER & LINVILLE INC
2,361.75
392969
03/05/2020
MASCHMEYER CONCRETE COMPANY OF FLORIDA
475.20
392970
03/05/2020
CATHEDRAL CORPORATION v
707.38
392971
03/05/2020
UNIFIRST CORPORATION
1,291.35
392972
03/05/2020
JDS GRAPHICS DESIGN INC
789.06
392973
03/05/2020
WILSON SPORTING GOODS CO
161.35
392974
03/05/2020
SITEONE LANDSCAPE SUPPLY HOLDINGS LLC
184.88
392975
03/05/2020
SITEONE LANDSCAPE SUPPLY HOLDINGS LLC
238.10
392976
03/05/2020
HYDROMAX USA LLC
4,553.30
392977
03/05/2020
WURTH USA INC
77.70
392978
03/05/2020
FLORIDA EAST COAST HOLDINGS CORP
19,179.64
392979
03/05/2020
RUSSELL L OWEN III
250.00
392980
03/05/2020
IMPERIAL IMPRINTING LLC
369.11
392981
03/05/2020
EASTERN PIPELINE CONSTRUCTION INC
1,250.00
392982
03/05/2020
AC VETERINARY SPECIALTY SERVICES
106.17
392983
03/05/2020
BLACK CLOVER ENTERPRISES LLC
1,692.90
392984
03/05/2020
ROBERT O RICHARDSON 111
325.00
392985
03/05/2020
COLE AUTO SUPPLY INC
1,597.08
392986
03/05/2020
BETH NOLAN
65.00
392987
03/05/2020
DAY DREAMS UNIFORMS INC
87.00
392988
03/05/2020
CORE & MAIN LP
1,283.80
392989
03/05/2020
WOERNER AGRIBUSINESS LLC
1,253.50
392990
03/05/2020
ULINE INC
325.77
392991
03/05/2020
INTERIOR FLOORING SOLUTIONS INC
1,709.13
392992
03/05/2020
TYKES & TEENS INC
7,427.66
392993
03/05/2020
DIRECTV GROUP INC
66.24
392994
03/05/2020
RAMONA MURPHY
51.00
392995
03/05/2020
BURRIS COMPUTER FORMS
229.85
392996
03/05/2020
AMAZON CAPITAL SERVICES INC
485.42
392997
03/05/2020
TREASURE COAST PLUMBING LLC
1,321.00
392998
03/05/2020
VERONIQUE ORY STURIALE
30.00
392999
03/05/2020
PIRATE PEST CONTROL LLC
845.00
393000
03/05/2020
KINDERGARTEN READINESS COLLABORATIVE
3,870.02
393001
03/05/2020
AMERIGAS PROPANE LP
754.49
393002
03/05/2020
JOHN J DRISCOLL
525.00
393003
03/05/2020
DAVID MIKE
250.00
393004
03/05/2020
THE HOPE FOR FAMILIES CENTER INC
4,577.63
393005
03/05/2020
ITW FOOD EQUIPMENT GROUP LLC
1,550.60
393006
03/05/2020
JORDAN POWER EQUIPMENT CORP
1,030.39
393007
03/05/2020
JAMES ROMANEK
350.00
393008
03/05/2020
STUMP PRINTING CO INC
396.81
393009
03/05/2020
MICHAEL DUNLEAVY
150.00
393010
03/05/2020
DEANGELO BROTHERS LLC
2,462.00
393011
03/05/2020
JOESEPH TESSIER
375.00
393012
03/05/2020
JUDITH A BURLEY
112.50
393013
03/05/2020
TRAFX RESEARCH LTD
580.00
393014
03/05/2020
CONSTRUCTION MANAGEMENT OF FLORIDA INC
9,818.13
393015
03/05/2020
KENNETH FASS JR
350.00
393016
03/05/2020
JENNIFER D JAMES
125.00
9
TRANS NBR
DATE
VENDOR
AMOUNT
393017
03/05/2020
DESK SPINCO INC
99.18
393018
03/05/2020
PIERCE BENDER
400.00
393019
03/05/2020
INVASIVE PLANT ERADICATORS LLC
751.91
393020
03/05/2020
TELEFLEX LLC
2,7750.00
393021
03/05/2020
STAPLES INC
172.23
393022
03/05/2020
LOWES COMPANIES INC
6,368.63
393023
03/05/2020
PEOPLEREADY INC
3,536.00
393024
03/05/2020
SMI TRADING LLC
114.82
393025
03/05/2020
TAGMARSHAL INTERNATIONAL LIMITED
1,925.20
393026
03/05/2020
MILLENNIUM CREMATORY LLC
425.00
393027
03/05/2020
CHRIS ZAVESKY
450.00
393028
03/05/2020
DEX IMAGING LLC
67.89
393029
03/05/2020
PHOTOGRAPHY BY MICHAEL SIEGEL INC
600.00
393030
03/05/2020
SPARKFUN ELECTRONICS INC
87.30
393031
03/05/2020
DUSTIN SULLIVAN
150.00
393032
03/05/2020
ECOMIGHT LLC
348.00
393033
03/05/2020
ROBERT A HUDSON
225.00
393034
03/05/2020
PREMIER CORROSION PROTECTION SERVICES INC
3,370.00
393035
03/05/2020
VINTURE SCIARRETTI
149.28
393036
03/05/2020
ANTHONY RINELLA
72.32
393037
03/05/2020
SHARON FURBEE
62.09
393038
03/05/2020
MICHAEL GRANGER
80.00
Grand Total:
1,166,034.56
10
RENTAL ASSISTANCE CHECKS WRITTEN
TRANS NBR
DATE
VENDOR
AMOUNT
900341
03/02/2020
GRACES LANDING LTD
10,139.00
900342
03/02/2020
WILLIE C REAGAN
468.00
900343
03/02/2020
RIVER PARK ASSOCIATES LIMITED
12,055.00
900344
03/02/2020
CREATIVE CHOICE HOMES XVI LTD
18,540.00
900345
03/02/2020
DAVID YORK
584.00
900346
03/02/2020
ST FRANCIS MANOR OF VERO BEACH
540.00
900347
03/02/2020
TREASURE COAST HOMELESS SERVICES
4,179.00
900348
03/02/2020
FLORIDA POWER AND LIGHT
251.00
900349
03/02/2020
DAVID SPARKS
370.00
900350
03/02/2020
INDIAN RIVER COUNTY HOUSING AUTHORITY
3,546.00
900351
03/02/2020
INDIAN RIVER COUNTY HOUSING AUTHORITY
3,782.00
900352
03/02/2020
CRAIG MERRILL
494.00
900353
03/02/2020
THE PALMS AT VERO BEACH
16,383.00
900354
03/02/2020
DAVID CONDON
718.00
900355
03/02/2020
HILARY MCIVOR
391.00
900356
03/02/2020
PELICAN ISLES LP
7,131.00
900357
03/02/2020
SUNCOAST-REALTY & RENTAL MGMT LLC
6,310.00
900358
03/02/2020
OAK RIVER PROPERTIES INC
345.00
900359
03/02/2020
ADINA GOLDMAN
604.00
900360
03/02/2020
INDIAN RIVER RDA LP
4,618.00
900361
03/02/2020
GEORGE THUYNS
543.00
900362
03/02/2020
LAZY J LLC
1,732.00
900363
03/02/2020
JESSE LEWIS
678.00
900364
03/02/2020
SKOKIE HOLDINGS INC
703.00
900365
03/02/2020
OSLO VALLEY PROPERTIES INC
363.00
900366
03/02/2020
SAID S MOOBARK
1,611.00
900367
03/02/2020
OSCEOLA COUNTY SECTION 8
688.26
900368
03/02/2020
ANTHONYARROYO
692.00
900369
03/02/2020
DANIEL CORY MARTIN
703.00
900370
03/02/2020
YVONNE KOUTSOFIOS
20.00
900371
03/02/2020
ALAN R TOKAR
728.00
900372
03/02/2020
VERO BEACH VILLAS I LLC
449.00
900373
03/02/2020
BRIAN E GALLAGHER
591.00
900374
03/02/2020
THEODORE BARTOSIEWICZ
663.00
900375
03/02/2020
FOUNDATION FOR AFFORDABLE RENTAL
27,642.00
900376
03/02/2020
RICHARD KUSSEROW
459.00
900377
03/02/2020
JOHN T STANLEY
776.00
900378
03/02/2020
WEDGEWOOD RENTALS LLC
1,726.00
900379
03/02/2020
ALMA LUCKETT
802.00
900380
03/02/2020
MCLAUGHLIN PROPERTIES LLC
1,366.00
900381
03/02/2020
MYRIAM MELENDEZ
565.00
900382
03/02/2020
WATSON REALTY GROUP
2,687.00
900383
03/02/2020
SHER LLC
435.00
900384
03/02/2020
LAWRENCE C SALTER
470.00
900385
03/02/2020
LINDSEY GARDENS
15,060.00
900386
03/02/2020
SUNQUEST APRTMENTS LLC
2,094.00
900387
03/02/2020
PJD HOLDINGS LLC
1,063.00
900388
03/02/2020
ORCHARD GROVE VENTURE LLC
0.00
900389
03/02/2020
SONRISE APARTMENT PROPERTIES LLC
2,387.00
900390
03/02/2020
2545 INDIAN RIVER BOULEVARD LLC
377.00
900391
03/02/2020
SREIT LEXINGTON CLUB LLC
21,845.00
900392
03/05/2020
ORCHARD GROVE VENTURE LLC
1,695.00
Grand Total:
183,061.26
11
ELECTRONIC TAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1016299
03/05/2020
AT&T CORP
19,254.49
1016300
03/05/2020
COMCAST
489.37
1016301
03/05/2020
POLYDYNE INC
2,576.00
1016302
03/05/2020
BRIDGESTONE GOLF INC
954.05
1016303
03/05/2020
WASTE MANAGEMENT INC OF FLORIDA
238.23
1016304
03/05/2020
OFFICE DEPOT INC
3,735.28
1016305
03/05/2020
DEMCOINC
52.50
1016306
03/05/2020
APPLE INDUSTRIAL SUPPLY CO
251.24
1016307
03/05/2020
MEEKS PLUMBING INC
2,607.00
1016308
03/05/2020
ALLIED UNIVERSAL CORP
9,525.56
1016309
03/05/2020
IRRIGATION CONSULTANTS UNLIMITED INC
138.02
1016310
03/05/2020
SOUTHERN COMPUTER WAREHOUSE INC
375.90
1016311
03/05/2020
WIGINTON CORPORATION
1,385.27
1016312
03/05/2020
COMO OIL COMPANY OF FLORIDA
215.30
1016313
03/05/2020
PRIDE ENTERPRISES
144.91
1016314
03/05/2020
BARKER ELECTRIC, AIR CONDITIONING
10,000.00
1016315
03/05/2020
RECHTIEN INTERNATIONAL TRUCKS
1,743.39
1016316
03/05/2020
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
721.91
1016317
03/05/2020
AUTO PARTNERS LLC
16.66
1016318
03/05/2020
L&L DISTRIBUTORS
219.57
1016319
03/05/2020
PIONEER MANUFACTURING
1,425.00
1016320
03/05/2020
HYDRA SERVICE (S) INC
2,408.14
1016321
03/05/2020
ALLIED DIVERSIFIED OF VERO BEACH LLC
85.00
1016322
03/05/2020
NEXAIR LLC
1,320.12
1016323
03/05/2020
EFE INC
1,974.17
1016324
03/05/2020
PACE ANALYTICAL SERVICES LLC
108.00
1016325
03/05/2020
TOSHIBA AMERICA BUISNESS SOLUTIONS INC
353.80
Grand Total:
62,318.88
12
ELECTRONIC PAYMENTS - WIRE & ACH
TRANS NBR
DATE
VENDOR
AMOUNT
7483
03/02/2020
ST LUCIE BATTERY & TIRE CO
1,030.00
7484
03/02/2020
CLERK OF CIRCUIT COURT
90,887.58
7485
03/02/2020
INDIAN RIVER COUNTY SHERIFF
4,365,950.66
7486
03/02/2020
INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS
109,606.98
7487
03/02/2020
MUTUAL OF OMAHA
7,458.10
7488
03/02/2020
VEROTOWN LLC
340,536.30
7489
03/02/2020
C E R SIGNATURE CLEANING
3,680.00
7490
03/02/2020
RX BENEFITS INC
247,865.70
7491
03/03/2020
CULTURAL COUNCIL OF IRC
3,799.50
7492
03/03/2020
IRC CHAMBER OF COMMERCE
19,661.89
7493
03/03/2020
FL RETIREMENT SYSTEM
712,756.82
P -CARD
03/03/2020
TD BANK, N.A.
12,789.74
Grand Total;
5,916,023.27
13
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: February 17, 2020
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Prepared By: Elliese Shaughnessy, EI, Utilities Design Engineer
Subject: Agreement to Warranty and Guaranty Utility Improvements Under Florida East Coast Railway
Property
Background:
GRBK GHO High Pointe, LLC, (Developer), has proposed a single-family residential subdivision south of 651h
Street and west of Old Dixie Highway. The Developer has proposed a water main extension from the
northeast corner of Old Dixie Highway and 65`h Street west approximately 4,260 feet. In order to extend the
water main, the Developer needs to cross the Florida East Coast Railway (FEC) with a subgrade crossing.
Analysis:
The Developer submitted design plans to the FEC and has been granted a permit to construct the water
main extension on FEC property under the Blanket License Agreement between Indian River County and
Florida East Coast Railway, LLC, dated September 26, 1996. Therefore, the county now requires the
Developerto enter into a Contract for Construction of Utility Improvements on Florida East Coast Railway,
LLC, Property and Agreement to Warranty and Guaranty Utility Improvements at Completion and to
Provide a Bill of Sale with the County to satisfy all conditions and requirements stated in the blanket
license agreement.
Funding:
No County funds are required for this task.
Recommendation:
Staff recommends that the Board of County Commissioners approve the Contract for Construction of
Utility Improvements on Florida East Coast Railway, LLC, Property and Agreement to Warranty and
Guaranty Utility Improvements at Completion and to Provide a Bill of Sale, and authorize the Chairman to
execute the same, as presented.
Attachments:
1. Contract for Construction of Utility Improvements on Florida East Coast Railway, LLC Property and
Agreement to Warranty and Guaranty Utility Improvements at Completion and to Provide a Bill
of Sale.
14
Project: High Pointe
651h St./ Old Dixie Hwy Subgrade water main
crossing utility improvements
CONTRACT FOR CONSTRUCTION OF
UTILITY IMPROVEMENTS ON FLORIDA EAST COAST RAILWAY, LLC
PROPERTY
AND
AGREEMENT TO WARRANTY AND GUARANTY UTILITY
IMPROVEMENTS AT COMPLETION AND TO PROVIDE A BILL OF
SALE
(RE: 65th StJ Old Dixie Hwy
Subgrade water main crossing)
THIS CONTRACT, made and entered into this day of March, 2020 (the
"Effective Date") by and between GRBK GHO High Pointe, LLC, a Florida limited liability
company, having a mailing address of 590 NW Mercantile Place, Port St. Lucie, FL 34986,
hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, by and through its Board of County Commissioners, hereinafter referred
to as "County".
WITNESSETH:
WHEREAS, the undersigned Developer desires to construct certain off-site
improvements, consisting of a subgrade water main (the "Improvements") within the Florida East
Coast Railway, LLC property located at 65th Street and Old Dixie Highway (the "Crossing"); and
WHEREAS, plans for such Improvements have already been approved by the
Florida East Coast Railway, LLC; and
WHEREAS, in order for the County to modify the Blanket License Agreement
between Indian River County and Florida East Coast Railway, LLC, dated September 26, 1996,
to include the Improvements the County will require Developer to post acceptable security in
either the form of cash or a letter of credit from a lending institution acceptable to the County, in
the amount of 115 % of the estimated costs of the proposed Improvements, submitted under
seal by an engineer registered in the State of Florida to practice professional engineering, and
approved by County, to guaranty installation and completion of the Improvements to the
satisfaction of County; and `
WHEREAS, said Improvements are to be completed within twelve (12) months
of the date of the security provided to the County herein referred to as the Effective Date; and
15
WHEREAS, upon completion of the Improvements by Developer and upon
approval of same by the County Utility Director, seventy-five (75%) percent of the security will
be released by County with the remaining twenty-five (250/6) percent to be held as warranty
security for one (1) year from the date of approval by the County Utilities Director. Additionally,
if security is posted in the form of a letter of credit, that letter of credit must remain valid for 90
days beyond the 1 -year warranty period; and
WHEREAS, at the completion of the Improvements, Developer agrees to execute
a Warranty and Guaranty Agreement and Bill of Sale to warranty the Improvements for a period
of one year against defects due to faulty field engineering, workmanship, or materials, secured
with the remainder twenty five ( 250/6 ) percent security mentioned above; and
WHEREAS, nearing the end of the 1 -year warranty period, or sooner if the need
arises, County will cause inspections to be performed to determine if the Improvements remain
free from defects due to faulty field engineering, workmanship, or materials. If the
Improvements are determined to be acceptable, then the remaining twenty-five (25%) percent
security will be released by the County Utilities Director at the end of the warranty period. In the
alternative, if the Improvements are found to be defective, County will notify Developer of such
defect(s) and Developer must immediately cure the defect(s). Failure to cure any defects will
result in the Developer, as principal, and the escrowed cash or letter of credit being jointly and
severally liable to pay for the repairs; and
WHEREAS, failure by Developer to construct the Improvements within the 12 -
month period from the date the security is provided will cause Developer to be in default under
this Contract, and Developer and the underlying security shall be jointly and severally liable to pay
for the cost of construction and installment or removal of the Improvements to the final total cost
including warranty;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
PROMISES HEREIN CONTAINED, the parties agree as follows:
1. Developer agrees to construct on or before one year after the Effective Date
herein described, in a good and workmanlike manner, the Improvements, which are described as
follows:
See Exhibit "A' attached hereto
2. Developer agrees to construct said Improvements strictly in accordance
with the conditions of project approval and requirements of any applicable Florida East Coast
Railway, LLC requirements, all of which are hereby incorporated by reference and made a part
hereof.
3. In order to guarantee performance of this Contract, Developer shall
simultaneously herewith furnish either cash or an irrevocable letter of credit, having an
expiration date of not less than 27 months from the Effective Date of this Contract, provided by
a banking institution acceptable to the County, in a form to be approved by the County, naming
Developer or Developer's contractor, as customer and the underwriting bank, in the amount of
One Hundred Sixteen Thousand, Six Hundred Fifteen and 1/100 Dollars $116.615.01 which
amount is not less than one hundred and fifteen percent (115°/x) of the estimated total cost of
16
Improvements to be constructed. It is understood that the full amount of the letter of credit shall
remain available to the County. If cash is posted, a Cash Deposit and Escrow Agreement will
be entered into between the posting party and the County.
4. Developer shall procure and keep in effect comprehensive general
liability insurance in the limits of $2,000,000.00 each occurrence for bodily injury or death and
$2,000,000.00 property damage each occurrence, covering all obligations of Developer to
indemnify the Florida East Coast Railway, LLC by Contractual Assumed Liability Endorsement.
Alternatively, Developer may procure and keep in effect until the end of the 1 -year warranty period,
Railroad Protective Liability Policies insuring the Florida East Coast Railway, LLC directly
as insured against losses and damages with the limits specified in this paragraph. All such
insurance, directly or indirectly for the benefit of the Florida East Coast Railway, LLC, shall be in
a form satisfactory to the Florida East Coast Railway, LLC's Manager of Insurance and issued by
a casualty company/insurance company authorized to do business in the State of Florida that has
a "Best's" rating of A or A+ and a financial category of Class XII or higher. The Developer shall
also, at its cost and expenses, maintain a Workman's Compensation Insurance Policy as required
in the State of Florida. All such insurance, directly or indirectly for the benefit of the Florida East
Coast Railway, LLC, shall be in a form satisfactory to the Florida East Coast Railway, LLC's
Manager of Insurance and issued by a casualty company/insurance company authorized to do
business in the State of Florida that has a "Best's" rating of A or A+ and a financial category
of Class XII or higher. Indian River County shall be listed as an additional insured under this
policy. Developer, Developer's contractors or Developer's subcontractors shall not begin
construction, installation or any other work associated with the Improvements on Florida East
Coast Railway, LLC property until the Developer presents satisfactory proof of meeting these
requirements to the County.
Developer agrees that it shall and will at all times hereafter indemnify, defend
and save harmless the Florida East Coast Railway, LLC from and against all judgements, and
all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer, sustain
or in anywise be subjected to on account of or occasioned by the operations of the Developer,
or any of Developer's contractors or Developer's subcontractors, or some or all of them,
whether directly or indirectly under, or pursuant to, this Contract, including any such Costs
arising from the death, bodily injury or personal injury of, as follows:
Of any person, including without limitation upon the generality of the foregoing
description, employees and officers of Florida East Coast Railway, LLC, employees and officers
or materialmen, employees and officers of Developer, employees and officers or all Developer
subcontractors, and from loss, damage, injury and loss of use of any real or personal property
(a) in which Florida East Coast Railway, LLC has any ownership interest, and (b) personal
property in the custody of Florida East Coast Railway, LLC under any transportation contracts,
including without limitation upon the generality of the two foregoing enumerations, all railroad
equipment commonly described as rolling stock and the contents of the same.
Developer agrees to indemnify, hold harmless, and defend the County against any
and all claims, damages, losses, and expenses, including attorney's fees, for property damage,
personal or bodily injury, or loss of life,,arising from the negligent acts or omissions of the
Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers,
relating to the construction of the Improvements.
17
Satisfactory completion in accordance with the approved project and Florida East
Coast Railway, LLC permit shall be determined by the County Utilities Director and shall be
indicated by specific written approval of the County Utilities Director or his designated
representative, after receipt of a signed and sealed Certificate of Completion from the project
engineer of record.
5. At least 72 hours prior to the Developer, or Developer's contractors or
Developer's subcontractors entering upon the Florida East Coast Railway, LLC property, the
Developer shall schedule with Florida East Coast Railway, LLC a FEC flagman/watchman.
Developer shall also locate Florida East Coast Railway, LLC's, signal and train control cables by
calling the Florida East Coast Railway, LLC Engineering and S.ignal Department at (800) 342-
1131 ext. 2377. In addition, and also prior to any entry onto Florida East Coast Railway, LLC
property by Developer, Developer's contractors or Developer's subcontractors, a Certificate of
Insurance naming FDG Flagler Station Il, LLC and Florida East Coast Railway, LLC as an
additional insured must be submitted by the Developer to the Director — Corridor Management
and Marketing for Florida East Coast Railway, LLC. Developer, Developer's contractors or
Developer's subcontractors shall not begin construction, installation or any other work
associated with the Improvements on Florida East. Coast Railway, LLC property until the
Developer presents satisfactory proof of meeting these requirements to the County.
6. All persons entering upon the Florida East. Coast Railway, LLC property
must take a Roadway Worker Training Course with Railroad Protective Services, Inc. and be
certified yearly with a Roadway card through the on line training course at their website:
www.RRTrainers.com. Developer, Developer's contractors or Developer's subcontractors shall
not enter upon the 'Florida East Coast Railway, LLC property until the Developer presents
satisfactory proof of meeting these requirements to the County.
7. Prior to any digging or subgrade work on Florida East Coast Railway,
LLC, property, Developer, Developer's contractors or Developer's subcontractors shall call
"SUNSHINE" at 1-800-432-4770.
8. Subgrade crossing installation shall be marked by the erection of a
suitable monument located on each side of the Florida East Coast Railway, LLC's property.
9. All crossing work shall be of the usual strength and fitness for the
purpose intended to be done in good and workman -like manner by the Developer, Developer's
contractors or Developer's subcontractors, at its sole cost and expense and in a manner
satisfactory to the Florida East Coast Railway, LLC. Within. 30 days after completion of
construction or installation, Developer shall certify to the Florida East Coast Railway, LLC in writing
that the fixture has been installed in substantial conformance with the plans attached as Exhibit
"B". Developer shall submit such certification to the County Utilities Director at the same time as
submitted to Florida East Coast Railway, LLC.
10. Developer shall pay all costs of supervision, labor and. material incurred
by the Florida East Coast Railway, LLC in supervising, protecting and restoring the Florida East
Coast Railway, LLC property related to the Improvements.
11. If the Improvements consist of a pipe or conduit to extend under the
tracks of the Florida East Coast Railway, LLC, the same shall be located not less than 5.5 feet
18
below the bottom of ties in such tracks, and properly safe -guarded as may be necessary or as
required by the Florida East Coast Railway, LLC.
12. In addition to the requirements set forth in this Contract, the Developer,
its successors or assigns shall comply with all requirements set forth in Exhibit "B" and the Blanket
License Agreement between the County and Florida East Coast Railway. Company, dated
September 26, 1996 attached hereto as Exhibit "C".
13. Developer shall construct and maintain until such time as the utilities are
accepted by the County all appliances or fixtures crossing over, under or across the Florida East
Coast Railway, LLC's tracks and property in conformity with Florida East Coast Railway,. LLC's
specifications, together with such other laws and regulations as may be applicable.
14. Any subgrade or above grade crossings of the Florida East Coast
Railway, LLC's property shall be subject to the terms of the "GENERAL SPECIFICATIONS
FOR SUBGRADE AND ABOVE GRADE CROSSINGS OF THE RAILWAY'S RIGHT OF WAY"
issued by the Chief Engineer, Florida East Coast Railway, LLC, the terms and conditions or
which are incorporated herein. by reference.
15. Developer shall obtain and maintain all necessary permits, licenses and
franchises required by law until such time as the utilities are accepted by the County. Whenever
Developer's appliances, fixtures or facilities are located near or adjacent to any communication
or signal lines of the Florida East Coast Railway, LLC or any licensed communication utility on the
property of the Florida East Coast Railway, LLC, Developer shall at all times prevent interference
in any way with the construction, maintenance, or operation of such crossed or adjacent signal
lines or communication lines, and in such event, Developer shall adopt, use and maintain the best
known and most effective methods to protect the aforesaid communication lines from physical
hazard and inductive interference.
16. Developer's appliances, fixtures, facilities or crossings shall not at any
time interfere with or endanger the track, roadbed, or other property of the Florida East Coast
Railway, LLC, or the operations, maintenance or improvements of the Florida East Coast Railway,
LLC, or any other party thereon; and Developer shall at its own expense, on notice from the
Florida East Coast Railway, LLC, forthwith change, improve or repair such appliances or fixtures
as may be prescribed by the Florida East Coast Railway, LLC.
17. Should the Improvements cause any change or alterations in the location
or arrangement of the wires, poles, appliances, fixtures or facilities of the Florida East Coast
Railway, LLC or the wires, poles, appliances, fixtures or facilities of any licensed communication
utility on the Florida East Coast Railway, LLC property, the cost of such alternations or re-
arrangements shall be paid by the Developer.
19
18. Developer agrees that if by any reason of any changes or additions made
at the time by the Florida East Coast Railway, LLC in its tracks, right-of-way or property, structures,
and appliances thereon, or property, it becomes necessary to change the location of all or any
part of the crossing, such changes as are necessary shall be made by the Developer promptly at
the request of Florida East Coast Railway, LLC and at the sole cost and expense of the Developer.
19. In the event the Developer shall fail or neglect to fulfill its obligations
under this Contract, the Developer, as principal, and the escrowed cash or letter of credit shall
be jointly:and severally liable to pay for the cost of construction and installment or removal of
the Improvements to the final total cost, plus the warranty, including but not limited to engineering,
construction, legal and contingent costs, including reasonable attorney's fees incurred by the
County, together with any damages, either direct or consequential, which the County may sustain
as a result of the failure of Developer to carry out and execute all provisions of this
contract and applicable ordinances of the County. If this Contract is secured by a letter of credit,
then in no event, shall the liability of the underwriting bank under this paragraph exceed the total
amount of the original obligation stated in the letter of credit. Additionally, in the event the
Developer shall fail or neglect to fulfill its obligations under this Contract, County shall have the
right to immediately terminate this Contract and the Developer's right to construct or install the
Improvements under this Contract.
20. The parties agree that the County at its option shall have the right, but
not the obligation, to construct and install or remove or, pursuant to receipt of competitive bids,
cause to be constructed and installed or removed the Improvements in the event Developer
shall fail or refuse to do so in accordance with the terms of this Contract. Developer expressly
agrees that the County may demand and draw upon the existing cash escrow or letter of credit
for the final total cost of the Improvements, including the warranty. Developer shall remain
wholly liable for any resulting. deficiency, should the cash or letter of credit be exhausted prior to
completion of the Improvements. In no event shall the County be obligated to expend public
funds, or any funds other than those provided by the Developer, or the underwriting bank to
construct the Improvements.
21. At the completion of the Improvements, Developer agrees to execute a
Warranty and Guaranty Agreement and Bill of Sale to transfer all its right, title and interest to
the County in and to all the Improvements constructed within the Florida East Coast Railway, LLC
property, free and clear of encumbrances, together with the assignment of all existing warranties,
and Developer's agreement to warranty and guaranty the Improvements. for a 1- year period
and, on each occasion, and at Developer's expense, immediately correct any defect due to faulty
field engineering, workmanship, or materials upon notice by County. Said warranty will be
secured with the twenty five (25%) percent security mentioned above; and
22. Any cash or letter of credit provided to the County by Developer or
Developer's contractor with respect to this contract shall exist solely for the use and benefit of
the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or
secure payment to any subcontractor, laborer, materialman or other party providing labor,
material, supplies, or services for construction of the Improvements, unless the County shall
agree otherwise in writing.
20
23. This Contract is the full and complete understanding of the parties and
shall not be construed or amplified by reference to any other agreement, discussion, or
understanding, whether written or oral, except as specifically mentioned herein. This Contract
shall not be assigned without the express written approval of the County. Any amendment,
deletion,. modification, extension, or revision hereof or hereto shall be in writing, executed by
authorized representatives of both parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the
day and year first above written.
GRBK GHO HIGH POINTE, LLC, a Florida
limited liability company, Developer
By
William Handler, Manager
INDIAN RIVER COUNTY, a political
Subdivision of the State of Florida
ATTEST: Jeffrey R. Smith, Clerk of By:
Court and Comptroller
M
Deputy Clerk
Approved as to form and legal sufficiency:
By:
Dylan Reingold
County Attorney
Approved
By:
Jason E. Brown
County Administrator
Susan Adams, Chairman
BCC approved:
21
"EXHIBIT A"
65th Street Water Main FEC Railway Construction Estimate
Utility Cost Estimate
UCP # 3480
WATER SYSTEM I UNIT QUANTITY UNIT PRICE I TOTAL
12" HDPE / Directional Bore Under R/R LS 1 $ 101,404.36 $ 101;404.36
Subtotal 1 $ 101.404.36
Water System 1 $ 101,404.36
TOTAL 1 $ 101,404.36
Surety Amount (115%) Is 116,615.01
CERTIFICATE OF COST ESTIMATE
I, Jodah B. Bittle, A Florida registered engineer, License No. 57396, do hereby certify to Indian River County that a cost
estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the
total cost estimate for said improvements is shown above.
(Signature)
(Date)
Jodah B. Bittle, P.E., Florida Registered. Engineer License No. 57396
W
M,
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO:
Jason E. Brown, County Administrator
THROUGH:
Richard B. Szpyrka, P.E., Public Works Director
FROM:
Monique Filipiak, Land Acquisition Specialist
SUBJECT:
Lease Agreement
2601515L Avenue, Vero Beach, FL 32966
Tenants: Nick Pappas and Ember Pappas
DATE:
March 3, 2020
DESCRIPTION -AND CONDITIONS
The County purchased the 0.27 acre parcel located at 2601515E Avenue, Vero Beach, FL from Theodore
Bartosiewicz on January 21, 2020. The purchase is an advanced acquisition of Right -of -Way for the 26th
Street project.
The County agreed to assume the lease with tenants, Nick & Ember Pappas, until the expiration date of
March 1, 2020. Mr. and Mrs. Pappas have had difficulty finding an affordable apartment to rent. The
26th Street project currently does not have a commencement date. Staff would like to extend the lease
agreement for (6) six months terminating on September 1, 2020. The Pappas' have obtained renters
insurance through Progressive Insurance.
FUNDING
Not Applicable
RECOMMENDATION
Staff recommends the Board approve the Lease Agreement for the property located at 2601515EAvenue,
Vero Beach, FL 32966, and authorize the Chairman to execute the lease agreement on behalf of the
Board.
ATTACHMENTS
Lease Agreement
APPROVED AGENDA ITEM FOR: March 17, 2020
23
LEASE AGREEMENT
This lease entered into on this day of 2020 by the BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida, hereinafter called the "Landlord", Nick Pappas and
Ember Pappas, hereinafter called the "Tenant", in consideration of the mutual promises
and agreements set forth below, hereby agree as follows:
WITNESSETH:
1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant the single
family residence and facilities situated thereon, located at 2601 51St Avenue, Vero Beach,
FL 32966 in the County of Indian River, Florida, more particularly described as follows:
See Exhibit "A" attached hereto.
for a term of (6) six months commencing from March 1, 2020 and terminating September
1, 2020 for a total rental of Thirty -Six Hundred Dollars ($3,600.00) payable at the rate of
$600.00 on the first of each month.
1.1 Extension of Lease. This lease shall not be extended beyond the stated
term unless agreed upon in writing, 30 days before expiration of this lease.
1.2 Termination of Lease by Tenant. Tenant may opt out of this lease
anytime during the lease period by providing written notice to Landlord as such.
2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the
leased premises for a private, single family residence, and for no other purpose. Tenant
shall not use the premises, or any part thereof, or permit the same to be used for any
illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance,
noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of
the inhabitants of the vicinity of the premises.
3. PROPERTY LEASED "AS IS". Tenant agrees that the property is being leased
.,as is" and that Landlord makes no warranty or guarantee of the condition of the property
or any of the improvements. Tenant has examined the premises and has determined that
the premises are suitable for Tenant's purposes.
4. COMPLIANCE OF LAW. Tenant shall comply with all of the laws, rules,
ordinances, and regulations of the County, State and Federal Governments, and agencies
regarding the use of the leased premises. Violation of any law, rule, ordinance or
regulation may result in immediate termination of this lease.
5. MAINTENANCE AND REPAIRS. The Tenant agrees to make any and all repairs
and improvements to the leased premises and agrees to keep said premises in a safe,
clean and attractive condition during the term of this Lease. Upon the expiration of the
Lease, the Tenant shall surrender the premises quietly and peaceably in substantially the
same condition as it was at the outset of this Lease, reasonable wear and tear and
damage by the elements excepted.
24
6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall
have the right to install on the premises such equipment, fixtures and other items
necessary or convenient for its use of the premises. All equipment and property purchased
by the Tenant and placed in, on, or about the leased premises, including equipment not
affixed to the realty, shall remain the property of the Tenant. Tenant may remove same on
or before the termination of the Lease, provided that if removal results in damage to any
part of the leased premises, the Tenant shall return the leased property to a condition
suitable for the original intended use of that part of the leased property. In addition, any
and all personal property not attached or installed in any building or structure shall remain
Tenant's property and may be removed on or prior to termination of this Lease.
7. PUBLIC UTILITIES AND TAXES. The Tenant will pay within time allowed for
payment without penalties, all charges for water, sewer and electricity and all other public
utilities which may arise from the Tenant's use of the leased property. Tenant shall pay all
taxes on the property including non -ad valorem taxes. The Tenant agrees to hold the
LANDLORD harmless from any interruption in the use and services of such commodities.
8. HOLD HARMLESS. The Tenant agrees to hold harmless and indemnify Landlord
from any liability which may arise from the Tenant's use of the leased property.
9. INSURANCE. The Tenant shall carry the following insurance coverage and shall
furnish the Landlord a certificate of said coverage.
9.1 Renters Insurance. Tenant agrees to keep and maintain at all time during
the lease term, at Tenant's expense, a renter's insurance policy protecting Landlord
against any internal damage to the house, and a general liability policy protecting Landlord
against all claims and demands that may arise or be claimed on account of Tenant's use of
the premises in an amount of at least $200,000 for individual injuries and $300,000 per
occurrence. The policy shall be written by a carrier licensed to do business in Florida
9.2. Special Requirements. Ten days prior to the commencement of tenancy,
a certificate of insurance shall be provided to the Risk Manager for review and approval.
The certificate shall provide for the following:
A. Indian River County shall be named as an "Additional Insured" on the
general liability policy.
B. Indian River County will be given thirty (30) days' notice prior to
cancellation or modification of any stipulated insurance. Such notice shall be in writing by
certified mail, return receipt requested, and addressed to the Risk Manager.
9.3 Lapse in Coverage. If the tenant allows insurance coverage required
under this lease to lapse, expire or be canceled it shall be an immediate breach of the
lease and grounds for eviction.
9.4 Damage by Fire or Other Causes. That in the event the premises are .
destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then
this Lease shall thereby be determined ended. Landlord shall not be liable to rebuild,
replace or repair said premises.
25
10. MAINTENANCE OF EXTERIOR. Tenant agrees to mow grass and maintain the
landscaping and shrubbery. Tenant agrees to maintain the automobile parking areas,
driveways and the exterior of the building.
11. RIGHT TO INSPECT. The Landlord may enter and inspect the leased premises at
all reasonable hours to insure the premises is being properly maintained and kept in good
condition.
12. ASSIGNMENT OR SUBLEASE. Tenant shall not assign, sublease or transfer
any part of this Lease without prior written consent of the Landlord which may be withheld
for any reason. This lease is entered into with the knowledge that two (2)_adults shall
reside in the house. No additional residents, whether permanent or temporary shall be
permitted to move into the house during the term of the lease without Landlord's written
consent. Tenant shall not mortgage the leased premises.
13. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or
litigation over the terms and conditions of this Lease, the prevailing party shall be entitled
to all attorney's fees, costs and suit money expended to resolve that dispute.
14. NOTICE. Any notices which are required, or which either party may desire to serve
upon the other, shall be in writing and shall be deemed served when hand delivered, or
when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed
to Tenant at:
Nick Pappas & Ember Pappas
2601 51St Avenue
Vero Beach, Florida 32966
Such notices to Landlord shall be addressed as follows:
Board of County Commissioners of Indian River County
Attention: Susan Adams, Chairman
1801 27th Street
Vero Beach, Florida 32960-3388
These addresses may be changed by either party by providing written notification to the
other.
15. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state guidelines have
been found in buildings in Florida. Additional information regarding radon testing may be
obtained from you county public health unit. This paragraph is included pursuant to the
requirement of Florida Statutes Chapter 404.056 for the purpose of public information and
notification.
16. VIOLATION OF TERMS OF LEASE. If Tenant violates any of the covenants and
conditions of this lease, then the Tenant shall become a Tenant at Sufferance, and in the
event Tenant is evicted by suit at law, Tenant agrees to pay to Landlord all costs of such
suit including a reasonable attorney's fee; that no assent, expressed or implied, to any
breach of one or more of the covenants and agreements shall be deemed to be a waiver of
any succeeding or other breach.
26
IN WITNESS WHEREOF, we, the Landlord and Tenant, hereunto affixed our hands
and seals at Vero Beach, Indian River County, Florida, the day and year first above written.
INDIAN RIVER COUNTY, FLORIDA Nick Pappas and Ember Pappas
BOARD OF COUNTY COMMISSIONERS
Susan Adams, Chairman
Approved by BCC
ATTEST:
Jeffrey K. Barton, Clerk of Circuit Court
Deputy Clerk
Approved:
Jason E. Brown, County Administrator
(Signature) Nick Pappas
(Signature) Ember Pappas
Date:
Approved as to Form and Legal Sufficiency:
Deputy County Attorney
27
EXHIBIT "A"
South 85 feet of Lot 21, HAMPSHIRE SUBDIVISION, according to the plat
thereof, as recorded in Plat Book 2, Page 99, of the Public Records of Indian
River County, Florida
Commonly known as: 2601 51 st Avenue, Vero Beach, FL 32966
Parcel ID Number: 32-39-33-00004-0000-00021.1
OIL)
•
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
FROM: Richard B. Szpyrka, P.E., Public Works Director
SUBJECT: 66th Avenue Phase IB and Phase II - Amendment No. 7 (IRC -1505 & 1505B)
DATE: March 9, 2020
DESCRIPTION AND CONDITIONS
In 1995, the widening of 66th Avenue, from 2 -lanes to a 4 -lane divided roadway, was added to the Indian
River County Long Range Transportation Plan. In 2005, the Board of County Commissioners approved an
Engineering/Land Surveying Services Agreement with Kimley-Horn & Associates, Inc. Six (6) amendments
have been.approved to date.
Since 2017, Public Works has been actively acquiring right-of-way for the widening of 66thAvenue from north
of 49th Street to 85th Street (CR -5.10). During the right-of-way acquisition process, concessions were made
with individual property owners to facilitate the purchase of right-of-way.
Amendment No. 7 is to revise the drainage design within drainage basin 66B (66th Avenue between 61St
Street and 65th Street) from a single centralized detention facility to two (2) wet detention ponds. Several
driveways and driveway culverts, in various locations, will also be added to the construction plans. The
amendment also provides for the re -alignment of 66th Avenue at CR -510 to avoid impacting several existing
Florida Power & Light transmission poles, which has the potential to reduce roadway construction costs by
approximately $600,000.00. The realignment is being implemented in coordination with the Florida
Department of Transportation to ensure the proper alignment with the proposed roundabout at the 66th
Avenue/CR510 intersection. Amendment No. 7 is for a lump sum amount of $113,105.00.
FUNDING
Funding in the amount of $113,105.00 is available in the following accounts:
Impact Fees -District 1 Roads/Construction Progress/
Account No. 10215141-066510-16009
66th Avenue (69th Street to 85rd Street)
$31,270.00
Optional Sales Tax — 66th Avenue (49th Street to 69th
Account No. 31521441-066510-07806
Street)
$81,835.00
RECOMMENDATION
Staff recommends approval of Amendment No. 7 to Kimley-Horn & Associates, Inc., and requests the Board
authorize the Chairman to execute Amendment No. 7 on their behalf for a lump sum amount of
$113,105.00.
ATTACHMENT
Amendment No. 7
AGENDA ITEM FOR MARCH 17. 2020
29
INDIAN RIVER COUNTY
66th Avenue/ County Road 510 Roadway Widening
Project Number: IRC -1505 & IRC -15058
AMENDMENT NO. 7 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES
AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA.
This is an amendment to the existing Engineering/Land Surveying Services Agreement
(AGREEMENT) dated February 22"d, 2005 between Kimley-Horn and Associates, Inc. (ENGINEER) and
Indian River County (COUNTY). This amendment addresses changes in "Section III - Scope of
Services", "Section V - Compensation" and "Section XVI -Duration of Agreement" of the
AGREEMENT.
Amendment Description
"SECTION III -SCOPE OF SERVICES" is being modified to incorporate the following:
66" Avenue Phase IB — Drainage Basin 66B
The COUNTY desires to revise the proposed drainage design within drainage basin 66B (66th Avenue between
61" Street and 65th Street) from a single centralized 2.48 -acre wet detention drainage facility to two (2) wet
detention ponds (1.50 -acre and 1.61 -acre).
The ENGINEER will collect topographic design survey data and geotechnical soil data to support the
proposed drainage improvements. The drainage design modification will require the following
construction documents to be revised:
66th Avenue:
Plan & Profile Sheets — 5 sheets
Cross Section Sections —13 sheets
Erosion Control Sheets — 4 sheets
61" Street:
Plan & Profile Sheets — 3 sheets
Cross Section. Sections — 8 Sheets
Erosion Control Sheets — 2 sheets
65th Street:
Plan & Profile Sheets — 2 sheets
Cross Section Sections — 5 sheets
Erosion Control Sheets — 4 sheets
Pond 66B Construction Details — 6 Sheets
In addition, the ENGINEER will revise all summary of pay item sheets, summary of quantity sheets,
drainage maps, etc. to fully integrate the above described revisions into the 100% Construction Plan
set.
Jurisdictional Permitting Revisions:
The ENGINEER shall prepare permit modification applications to St Johns River Water Management
30
District (SJRWMD) and Indian River Farms Water Control District (IRFWCD) for submittal by the County.
This will consist of all required evaluation, design, coordination, and follow-up work necessaryto support
permit applications. The County will review the permit applications as necessary. The ENGINEER shall
assemble and be responsible for the final submittal. The County will be responsible for all permit
application fees.
66th Avenue Phase II — 66th Avenue south of CR 510 Roadway Re -alignment
The County desires to revise the 66th Avenue roadway alignment to coordinate with a proposed roundabout
at the 66th Avenue/CR 510 intersection which is being designed by the Florida Department of Transportation.
In addition, the roadway re -alignment will avoid impacting several existing electrical transmission poles. The
cost of relocating a single transmission pole is approximately $150,000. The reduction of transmission pole
impacts has the potential to reduce roadway construction costs by approximately $600,000.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK)
31
"SECTION V — COMPENSATION" IS BEING MODIFIED TO INCORPORATE THE FOLLOWING:
The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered
pursuant to this Agreement fees inclusive of expenses in accordance with the following:
A. Professional Services Fee
The basic compensation mutually agreed upon by the ENGINEER and the
COUNTY is as follows:
Lump Sum Components
Task Labor Fee
66th Avenue Phase IB — Drainage Basin 66B
Construction Plan Revisions $ 66,545
Jurisdictional Permitting Revisions $ 15,290
66th Avenue Phase II — 66th Ave. Roadway Re -alignment $ 31,270
Amendment Total $ 113,105
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK)
32
"SECTION XVI — DURATION OF AGREEMENT" is being modified to incorporate the following:
The time for completion for the scope of services detailed in this amendment will be six (6)
months following receipt of the notice to proceed from the COUNTY.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK)
33
The AGREEMENT is hereby amended as specifically set forth herein. All other sections of the
AGREEMENT shall remain in full force and effect and are incorporated herein.
This Amendment No. 7 to the AGREEMENT regardless of where executed, shall be governed
by and construed by the laws of the State of Florida.
In witness whereof the parties have executed this Amendment this day of , 2020.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY
INC.
By:
By:
Brian Good, P.E. Susan Adams, Chairman
Title: Senior Vice President
BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Approved as to form and legal sufficiency:
Jason E. Brown, County Administrator
Dylan T. Reingold, County Attorney
34
CONSENT AGENDA: 3/17/2020
Office of
INDIAN RIVER COUNTY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County: Attorney
Susan J. Prado, Assistant CountyAttorney
MEMORANDUM
TO: The Board of County Commissioners
ATTORNEY
FROM: William K. DeBraal - Deputy County Attorney
DATE: March 5, 2020
SUBJECT: Release and Satisfaction of Demolition Lien
4606 32nd Avenue, Vero Beach, FL 32967
Tax Parcel No. 32-39-22-00000-7000-00077.0
On February 21, 2011, Indian River County recorded a demolition lien in the amount of
$3,929.11 against the reference property which was titled in the names of Carrie
Copeland and Lillian Cleare Perry. The property was subsequently the subject of a tax
deed sale and the County's lien survived the tax deed sale. Funds have been received, by
the current owner to satisfy the lien, including the accrued interest; and the funds, in the
amount of $5,981.07, were deposited into the MSTU Funding/Building Demolition Liens
revenue account. Attached for the Board's consideration is a Release and Satisfaction.
FUNDING:
The only cost associated with this item :is the recordation fee for recording the Release
and Satisfaction in the amount of $10.00 which amount is available from the MSTU
Fund/Building Demolition Liens revenue account number 004038-369092. It is noted
that the recordation fee for the release was also included with the funds that were
received to satisfy the lien.
REQUESTED ACTION:
Authorize the Chairman to execute the .Release and Satisfaction for recordation in the
Public Records of Indian River County, Florida.
nhm
Attachment: Release and Satisfaction
35
This document was prepared by:
Office of Indian River County Attorney
1801 27"' Street
Vero Beach, FL 32960
772-226-1425
RELEASE AND SATISFACTION
FOR AND IN CONSIDERATION of certain sums paid, the receipt of which is
hereby acknowledged, INDIAN RIVER COUNTY, whose address is 1801 27th Street,
Vero Beach, Florida 32960, hereby releases that certain Lien for removal of a nuisance
structure recorded in Book 2479, Page 1473 as well as that certain Certificate of Building
Official, recorded in Book 2402, Page 2401; and the following property recited in
Resolution No. 2010-019, recorded in Book 2473, Page 1627, all of the Public Records
of Indian River County, Florida:
For a point of beginning, commence at the Northwest corner of the South
150 feet of the following described lands: Begin 130 feet West of the
Northeast corner of the Southwest '/4 of the Southeast '/4 of Section 22,
Township 32 South, Range 39 East, run South 1,083 feet; thence run
East 370 feet; thence North to bank of Lateral H; thence Northwesterly
along Lateral H to a stake; thence West 139 feet to Point of Beginning;
From said Point of Beginning run North 250 feet; thence run East 300
feet; thence run North 100 feet; thence run West 300 feet; thence run
South 100 feet. Being a parcel of land 100 feet North and South and 300
feet East and West. Said lands lying and being in Indian River County,
Florida.
Parcel No. 32-39-22-00000-7000-00077.0
EXECUTED by the Chairman of the Board of County Commissioners of Indian
River County, Florida, this day of March, 2020.
BOARD OF COUNTY OMMISSIONERS
OF INDIAN RIVER COUNTY,.FLORIDA
ATTEST: Jeffrey R. Smith, Clerk of
Court and Comptroller
By: By
Deputy Clerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Susan Adams, Chairman
BCC approved: March 17, 2020
The foregoing instrument was acknowledged before me this day of March,
2020 by Susan Adams, Chairman of the Board of County Commissioners of Indian River
County, Florida, who is personally known to me.
NOTARY PUBLIC
printed name:
Commission No.:
Commission Expiration:
Approved as to form and legal
sufficiency:
William K. DeBraal
Deputy County Attorney
36
CONSENT: '3/17/2020 yr,
Office of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: William K. DeBraal - Deputy County Attorney
DATE: February 27, 2020
SUBJECT: Resolutions Cancelling Taxes on Properties Acquired by Indian River County for
Public Purpose
Resolutions have been prepared for the purpose of earmarking the public use of each property and
cancelling any delinquent, omitted or current taxes which may exist on the following properties
acquired by Indian River County:
Public Purpose: Right -Of -Way for 41St Street
Location/Description: Part of Parcel 32-39-30-00001-0050-00001.1
Dedicated by: Brian T. Stolze and Kelly D. Stolze, husband and wife
Instrument: Warranty Deed, recorded in Book 3258, Page
1230
Public Purpose: Right -Of -Way for 51St Avenue
Location/Description: Parcel 32-39-33-00004-0000-00021.1
Purchased from: Theodore Bartosiewicz
Instrument: Warranty Deed, recorded in Book 3276, Page 2430
Public Purpose: future planned improvements to 45th Street (stormwater
treatment and compensatory storage purposes)
Location/Description: Parcel 32-39-21-00001-0150-00002.0
Purchased from: Balquees, L.L.C.
Instrument: Warranty Deed, recorded in Book 3279, Page 158
Public Purpose: Affordable Housing
Location/Description: Parcel 32-39-22-00000-5000-00018.0
--- Purchased from: Leonard Green - --- -
Instrument: Quit -Claim Deed, recorded in Book 3280, Page 1413.
37
FUNDING:
There is no cost associated with this item.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to
cancel certain taxes upon the properties: acquired by Indian River County for a public purpose,
and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property
Appraiser so that any delinquent or current taxes can.be cancelled.
/nhm
Attachment: 4 Resolutions
cc:- Carole Jean Jordan - Tax Collector
Wesley Davis - Property Appraiser
38
dedicated by Brian T. Stolze and Kelley D. Stolze, husband and wife
public purpose: for 41:t Street right-of-way
part of tax parcel #32-39-30-00001-0050-00001.1
RESOLUTION NO. 2020-
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
39
RESOLUTION NO. 2020 -
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.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that any and all liens for taxes delinquent or current against the
following described lands which were dedicated to Indian River County by Brian
T. Stolze and Kelley D. Stolze, husband and wife, for 41 st Street right-of-way, are
hereby cancelled pursuant to the authority of.section 196.28, F.S.
See warranty deed describing lands, recorded in
O.R. Book 3258, Page 1230, of the Public Records
of Indian River County, Florida.
The resolution was moved for adoption by Commissioner , and
the motion was seconded by Commissioner: , and, upon being put to
a vote, the vote was as follows:
Commissioner Susan Adams, Chairman
Commissioner Joseph E. Flescher, Vice Chairman
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
The Chairman thereupon declared the resolution duly passed and
adopted this 17th day of March, 2020.
40
RESOLUTION NO. 2020 -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
M
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
in
Deputy Clerk
Susan Adams, Chairman
Tax Certificates Outstanding X
Yes No
Current Prorated Tax Received
and Deposited with Tax Collector $ '0
Approved as to form and
legal sufficiency:
By:
William K. DeBraal
Deputy County Attorney
41
purchased from Theodore Bartosiewicz
public purpose: 51St Avenue right-of-way
tax parcel #32-39-33-00004-0000-00021.1
RESOLUTION NO. 2020-
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
l
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
42
RESOLUTION NO. 2020 -
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.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that any and all liens for taxes delinquent or current against the
following described lands which were purchased by Indian River County from
Theodore Bartosiewicz for 51St Avenue right-of-way, are hereby cancelled
pursuant to the authority of section 196.28, F.S.
See Warranty Deed describing lands, recorded in
O.R. Book 3276, Page 2430, of the Public Records
of Indian River County, Florida.:
The resolution was moved for adoption by Commissioner , and
the motion was seconded by Commissioner , and, upon being put to
a vote, the vote was as follows:
Commissioner Susan Adams, Chairman
Commissioner Joseph. E. Flescher, Vice Chairman
Commissioner Tim Zorc
Commissioner Peter D.'O'Bryan
Commissioner Bob Solari
The Chairman thereupon:, declared the resolution duly passed and
adopted this 17th day of March, 2020.
43
RESOLUTION NO. 2020 -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
LIM
Deputy Clerk
Susan Adams, Chairman
Tax Certificates Outstanding X
Yes No
Current Prorated Tax Received
and Deposited with Tax Collector $ 167.63
Approved as to form and
legal sufficiency:
By:
William K. DeBraal
Deputy County Attorney
44
purchased from Balquees, L.L.C.
public purpose: future planned improvements to 45th Street
(stormwater treatment and compensatory storage purposes)
tax parcel #32-39-21-00001-0150-00002.0
4710 45th Street
RESOLUTION NO. 2020-
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
45
RESOLUTION NO. 2020 -
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.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that any and all liens for taxes delinquent or current against the
following described lands which were purchased by Indian River County from
Balquees, L.L.C. for stormwater treatment and compensatory storage purposes
with regard to future planned improvements to 45th Street, are hereby cancelled
pursuant to the authority of section 196.28, F.S.
See Warranty Deed describing lands, recorded in
O.R. Book 3279, Page 158, of the Public Records
of Indian River County, Florida.
The resolution was moved for adoption by Commissioner , and
the motion was seconded by Commissioner , and, upon being put to
a vote, the vote was as follows:
Commissioner Susan Adams, Chairman
Commissioner Joseph E. Flescher, Vice Chairman
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
The Chairman thereupon declared the resolution duly passed and
adopted this 17th day of March, 2020.
46
RESOLUTION NO. 2020 -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
M
Deputy Clerk
Susan Adams, Chairman
Tax Certificates Outstanding X
Yes No
Current Prorated Tax Received
and Deposited with Tax Collector $ 762.24
Approved as to form and
legal sufficiency: .
By:
William K. DeBraal
Deputy County Attorney
47
n
purchased from Leonard Green
public purpose: for affordable housing
tax parcel #32-39-22-00000-5000-00018.0
4730 40th Avenue
RESOLUTION NO. 2020-
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
RESOLUTION NO. 2020 -
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.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that any and all liens for taxes delinquent or current against the
following described lands which were purchased by Indian River County from
Leonard Green for affordable housing, are hereby cancelled pursuant to the
authority of section 196.28, F.S.
See Quit -Claim Deed describing lands, recorded
in O.R. Book 3280, Page 1413, of the Public
Records of Indian River County, Florida.
The resolution was moved for adoption by Commissioner and
the motion was seconded by Commissioner , and, upon being put to
a vote, the vote was as follows:
Commissioner Susan Adams, Chairman
Commissioner Joseph E. Flescher, Vice Chairman
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
The Chairman thereupon declared the resolution duly passed , and
adopted this 17th day of March, 2020
49
RESOLUTION NO. 2020-
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
M
Susan Adams, Chairman
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
By:
Deputy Clerk
Tax Certificates Outstanding X
Yes No
Current Prorated Tax Received
and Deposited with Tax Collector $ 299.96
Approved as to form and
legal sufficiency:
By:
William K. DeBraal
Deputy County Attorney
50
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Assistant County Administrator /
Department of General Services
EN
CONSENT
AGENDA
BCC Meeting
03-17-2020
Date: March 10, 2020
To: The Honorable Board of County Commissioners
Thru: Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
From: Leigh Anne Uribe, Human Services Director
Subject: Children's Services Advisory Committee's Recommendation of Request for
Proposal, Grant Application and Agency Grant Contract for FY 2020/21
By recommendation of the Children Services Advisory Committee, attached is the Request for
Proposal (RFP), the Grant Application and the Agency Grant Contract as pertaining to the funding
of children's programs in Indian River County for FY 2020/21.
BACKGROUND:
Each year, in accordance with ordinance 99-01, the Children Services Advisory Committee
(CSAC) initiates the grant process for the next fiscal year by identifying and prioritizing unmet
and under -met needs to be addressed in programs and services funded for children living in Indian
River County. The data evaluated is derived from a countywide children's needs assessment
performed every 3- 5 years and updated annually, the result of which is set -forth in the Focus
Areas of Need. Once determined, the RFP is written and then advertised, outlining the Focus Areas
of Need and the funding priorities therein. The RFP also includes instructions, administrative
requirements, evaluation criteria, and general guidelines for all agencies applying for funding.
RECOMMENDATION:
Staff recommends that the Board accept the RFP and Grant Application for FY 2020/21, as well
as the Agency Grant Contract as submitted, and authorize the County, Administrator to execute the
individual contracts after review and approval by the County Attorney.
ATTACHMENTS:
Request for Proposal
RFP Press Release
Grant ,Application
Agency Grant Contract (Sample - Not to be executed)
APPROVED AGENDA ITEM FOR MARCH 17.2020
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B40DB59D\@BCL@B40DB59D.doc 51
2020-2021 REQUEST FOR PROPOSAL
CHILDREN'S SERVICES ADVISORY COMMITTEE
INTRODUCTION
The Children's Services Advisory Committee of Indian River County was formed by Indian River
County Ordinance 99.01, Chapter 103, as an advisory board to the Indian River County Board of
Commissioners.
Section 103.20. Purpose.
The purpose of the Children's Services Advisory Committee, is.to promote healthy
children in a healthy community. The term "healthy" encompasses socioeconomic,
physical, environmental, educational, and behavioral health.
Section 103.21. Objective.
1) The objective of the Children's Services Advisory Committee is to provide a unified
system of planning and delivery, within which children's needs can be identified,
targeted, evaluated, and addressed by the Children's Services Advisory Committee.
2) Definition of a child: any person who has not attained the age of eighteen (18) years; also,
a minor.
The Children's Services Advisory Committee recommends funding for programs to the Board of
County Commissioners. The final decision for funding will be made by the Indian River County
Board of County Commissioners.
The Children's Services Advisory Committee is seeking programs that provide services to
children and families of Indian River County as identified in the Indian River County Community
Needs Assessment. Applications are accepted from government agencies, for-profit and not-
for-profit organizations, and from individuals.
MISSION STATEMENT
The mission of the Children's Services Advisory Committee is to facilitate and coordinate the
planning and development of an effective and collaborative health and human services
delivery system to meet the needs of the children and families of Indian River County.
The Children's Services Advisory Committee strongly supports cultural diversity and
encourages its funded programs to demonstrate the inclusion of all children and families in
program development and implementation.
VISION STATEMENT
The efforts of the Children's Services Advisory Committee will ensure the development of a
shared vision for the health and human services delivery system in Indian River County enabling
funding sources and providers to define and perform their roles in a dynamically changing
environment.
RFP Instructions - 1 52
OVER -ARCHING OUTCOMES
■ Improve the capacity of children in Indian River County to succeed to adulthood in a safe,
healthy and productive manner.
■ Support caregivers — a child's most important resource — to be and do what is needed
to shepherd children into adulthood in a safe, healthy and productive manner.
CHILDREN'S SERVICES PRIORITY OF FUNDING
BACKGROUND
A comprehensive, community -wide Needs Assessment provides valuable information to help
guide the Children Services Advisory Committee (CSAC) in identifying essential children's
services. The Indian River County (IRC) Community Needs Assessment is performed every 3-5
years and its data re-evaluated annually. Grant requests will be considered based on the criteria
outlined below to address both the unmet and undermet needs of children.
LARGER PICTURE
The community must start taking a long-term view focusing 15-25 years out. We have a cycle of
poverty in IRC that needs to be broken.
Interventions should start as early as possible in a child's life in order to have the greatest impact.
IRC agencies should use best practices.
a. Evidence based with measurable outcomes over time
b. Cost effective/efficient with adequate staffing and regard to child safety
c. Skilled executive, program management, and board leadership
d. Strong governance and fiscal management
e. Opportunity for broad impact (replicable, scalable, leverageable)
Quantitative and qualitative measures should be provided for all funded programs. For example,
PreK, VPK, after school, tutoring and extended year programs must provide documented pre and
post relevant measurable outcomes (e.g. attendance records, developmental assessments,
vocabulary, mathematical, reading and writing assessments, and social emotional assessments).
Focus should be on the pockets of poverty. Given that IRC poverty is in geographically disbursed
pockets and that we have unique transportation problems, we must always keep in mind that
services need to be available where and when people need and can access them. We must
utilize the best mediums to clearly communicate what, when and where these services are
available. Collaboration in the community is essential and can help optimize human and financial
resources, expose and eliminate overlap and duplication.
The considerations highlighted above have precedence over the actual CSAC Focus Areas.
RFP Instructions - 2 53
FOCUS AREAS OF NEED (ranked in order by the Needs Assessment Sub -Committee at the
completion of the Needs Assessment process and updated for clarity)
Mental health affects every Focus Area. We have decided not to make mental health a separate
Focus Area, but to evaluate mental health interventions within each Focus Area.
1. Early Childhood Development
This encompasses birth to age 5. For the younger children this would mean improving the
interactions they have beginning at birth with their caregivers and with focus on physical, social
emotional and cognitive development. It would include improving the quality of childcare, PreK
and Voluntary PreK providers. Providers must complete developmental screens at appropriate
intervals and make referrals where necessary.
Why: Research shows that the period 0-5 is the most important time for brain development.
Physical, social emotional and cognitive skills can be significantly impacted during this time.
2. Build Parent Capacity
This encompasses improving parenting skills at every age of a child's life and providing support
mechanisms for parents, including the pre -natal period. Parents should be taught the importance
of wellness of the whole child (medical, dental, mental health and developmental) in addition to
meeting their basic needs. A priority would be new parents in particular, first-time and single
parents and those in the poverty, pockets. Additionally, parents need to be assisted in obtaining
developmental screens at all stages of a child's development starting at 2 months.
Why: A parent is a child's first and most important teacher. We need to equip parents to be the
good parents that they all want to be.
3. Quality after school and summer enrichment programs that include a meaningful
component of social emotional skill building and academic instruction and remediation
Programs should be free/affordable and accessible (transportation) to parents and children. They
should include quality instruction, be properly staffed and have enough dosing to make a
meaningful impact on a child. We hold agencies to a high standard of what constitutes academic
enrichment. Mentoring programs are included.
Why: Children need to develop positive out of school outlets that keep them engaged in school,
promote their physical, emotional and mental health. There is a wealth of data supporting quality
extended day and extended year.
4. Middle and High School programs that address riskv behavior
Programs that help adolescents and teens develop the tools to become productive, healthy, law-
abiding citizens and address risky behavior (chronic absenteeism, alcohol, tobacco, vaping,
drugs, delinquency, teen pregnancy, STDs, bullying, depression and other mental health
problems.)
Why: There is a lot of at -risk behavior, and we need to ensure that it is addressed early and
repeatedly.
RFP Instructions - 3 54
TIMETABLE
April 6, 2020
Information workshop for applicants will be held at 1:00 PM in Building
B, Room B1-501, located at the County Administration Complex, 1800
27th Street, Vero Beach, Florida.
May 4, 2020
Proposals are due by 2:00 PM ONLINE VIA e-CIMPACT. Late
proposals will NOT be accepted.
June 3-6, 2020
The Grant Review Subcommittee will evaluate agency proposals.
Agencies will be contacted to schedule a date and time for their review.
June 8, 2020
The Grant Review subcommittee will present funding recommendations
to the children's Services Advisory Committee for approval.
June 23, 2020
Approved funding recommendations will be presented to the Board of
County Commissioners, followed by formal notifications to all agencies
regarding the funding of their proposal(s).
September 2020
Grant contracts will be mailed out mid-September following the final
County Budget Hearing. Contract dates will run October 1, 2020
through September 30, 2021.
RFP GUIDELINES
DISQUALIFICATION
Any one, or a combination of the items listed below, will disqualify an applicant from further
consideration as a qualified applicant.
1. Failure to include proof of ability to obtain all required liability insurance having Indian
River County as an additional insured, contained in the contract attached to the proposal.
2. Failure to submit all portions of the proposal by stated deadline.
REQUIREMENTS
• All agencies, or individuals, receiving a grant will be required to mention the Children's
Services Advisory Committee and Indian River County as a funder, or partial funder of
the program, in all printed material and press releases.
All agencies, or individuals, receiving a $100,000 grant or more, will be required to
provide Indian River County with a financial audit within 180 days after the end of the
agency's fiscal year.
RFP Instructions - 4 _-z 55
EVALUATION CRITERIA
The proposals will be reviewed and evaluated by the Grant Review Sub -Committee, which
consists of members of the Children's Services Advisory Committee and other citizens of Indian
River County.
STANDARDS FOR EVALUATION
1. The program addresses, directly or indirectly, one or more of the Children's Services
Advisory Committee's Focus Areas.
2. The program incorporates a system to bring the target population in need of services
to the program.
3. The program has a substantial impact, directly or indirectly, on the achievement of
one or more of the Children's Services Advisory Committee's Focus Areas of Need
and incorporates measurable objective data of outcomes to demonstrate such
impact.
4. The focus of the program is early intervention: the prevention of a problem before it
occurs rather than the treatment and rehabilitation of an individual after the problem
occurs.
5. The amount of funding requested is a wise investment of community funds. The
amount spent is reasonable relative to the number of persons served and the results
achieved.
6. The agency offering the program has the organizational capacity to deliver the program
successfully (management, financial stability, board effectiveness, community support,
etc.)
7. The program is part of a coordinated, collaborative approach designed to achieve one
of the Children's Services Advisory Committee's Focus Areas.
All materials and supporting documentation submitted in response to the RFP become public
documents and the property of the Indian River Board of County Commissioners.
THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND THE BOARD OF COUNTY
COMMISSIONERS RESERVE THE RIGHT TO' REJECT ANY OR ALL PROPOSALS, TO
WAIVE ANY NON -SUBSTANTIVE DEFICIENCY, OR IRREGULARITY, AND TO AWARD A
CONTRACT IN WHAT THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND BOARD
OF COUNTY COMMISSIONERS BELIEVE TO BE IN THE BEST INTEREST OF INDIAN RIVER
COUNTY CHILDREN.
RFP Instructions - 5 56
SPECIAL CONTRACT TERMS AND CONDITIONS
Contract Procedures
• For Profit Applicants must provide a copy of their most recent Federal Tax Return with
the application.
Period of Performance
Grant contracts will run from October 1, 2020 through September 30, 2021.
Program monitoring, written quarterly reports, and mid -year presentations to the Grant
Review Subcommittee will be developed with grant recipients after contract finalization.
Invoicing and Payment
• All payments are based on reimbursement of paid expenses.
• All requests for payment should be submitted to Indian River County Human Services
Department, Attention: Leigh Anne Uribe, 1900 27"' Street, Vero Beach, Florida, 32960.
• Request for payment must be submitted in a timely manner (monthly, if possible).
• Reimbursements will be limited to 25% of the contracted program dollar amount during
each calendar quarter unless pre -approved (Oct -Dec, Jan -Mar, Apr -Jun, Jul -Sept).
• Each reimbursement request must have a Reimbursement Request detailing all
expenses. For each expense listed, a backup invoice and/or receipt, and any other
pertinent data must be attached. If the agency requests, reimbursement for salaries, other
related documentation (i.e., copies of payroll checks, payroll tax checks, invoices, checks
for benefits) must be included.
• Travel inside the county will be reimbursed according to Florida Statute 112.061.
• Payment may be delayed for three reasons:
o Improper filing of requests
o Not filing quarterly reports with the Department of Human Services within 30 days
after the end of each quarter
o Not filing the agency's audit, as required by the County, in a timely manner
The following items will NOT be reimbursed by the Indian River County Board of County
Commissioners, or by the Children's Services Advisory Committee:
• Food and beverages
• Paid Time Off - sick or vacation day payments for employees
• Capital expenses of any amount
• Cell phone -charges
• Costs incurred by applicants in responding to the RFP
• Expenses other than those related to the curriculum or staffing of the program
• Expenses incurred prior to the first date of the grant
• Travel outside of Iridian River County
• Travel expenses not related to the delivery of the program
• Any expense not outlined in the agency's funding application
RFP Instructions - 6 57
SUPPORTING DOCUMENTS CHECKLIST
List of current Officers and Directors
Latest Financial Audit Report & .Management Letter (Must conform with the
AICPA Audit Guide)
Most recent IRS Form 990, (Including all schedules)
Most recent Internal Financial Statement (Profit & Loss or Balance Sheet)
Staff Organizational Chart
Most recent Annual Report (if available)
501(C)(3) IRS Exemption Letter r
Articles of Incorporation
Agency's Bylaws
Agency's written policy regarding Affirmative Action
Evidence of Liability and Workers Compensation Insurance
Board -approved Strategic Plan (if available)
_ Sworn Statement Under Section 105.08, Indian River County Code on Disclosure
of Relationships
_ Survey Tools
Program Outcomes Report (optional)
RFP Instructions - 7 58
MARCH 20, 2020 RELEASE:
2020-2021 REQUEST FOR PROPOSAL
CHILDREN'S SERVICES ADVISORY COMMITTEE
The Children's Services Advisory Committee (CSAC), an advisory committee to the Indian River County
Board of County Commissioners, is now accepting applications for the new grant period beginning
October 1, 2020 through September.30, 2021. This Request for Proposal (RFP) allows not-for-profit and
for-profit organizations, government agencies and individuals, to apply for funding of programs for Indian
River County children. Organizations submitting proposals will be required to demonstrate how their
proposed program's focus and impact are aligned with at least one of the Focus Areas of Need outlined
below.
The deadline for submission is 2:00 PM Monday, MAY 4, 2020.
FOCUS AREAS OF NEED
Mental health affects every Focus Area. We have decided not to make mental health a separate Focus
Area but to evaluate mental health interventions relevant to each Focus Area.
1. Early Childhood Development
This encompasses birth to age 5. For the younger children this would mean improving the
interactions they have beginning at birth with their caregivers and with focus on physical, social
emotional and cognitive development. It would include improving the quality of childcare, PreK and
Voluntary PreK providers. Providers must complete developmental screens at appropriate intervals
and make, referrals where necessary.
2. Build Parent Capacity
This encompasses improving parenting skills at every age of a child's life and providing support
mechanisms for parents, including the pre -natal period. Parents should be taught the importance
of wellness of the whole child (medical, dental, mental health and developmental) in addition to
meeting their basic needs. A priority would be new parents in particular, first-time and single
parents and those in the poverty pockets. Additionally, parents need to be assisted in obtaining
developmental screens at all stages of a child's development starting at 2 months.
3.
Programs should be free/affordable and accessible (transportation) to parents and children. They
should include quality instruction, be properly staffed and have enough dosing to make a
meaningful impact.on a child. We hold agencies to a high standard of what constitutes academic
enrichment. Mentoring programs are included.
4. Middle and High School programs that address risky behavior
Programs that help adolescents and teens develop the tools to become productive, healthy, law-
abiding citizens and address risky behavior.(chronic absenteeism, alcohol, tobacco, vaping, drugs,
delinquency, teen pregnancy, STDs, bullying, depression and other mental health problems).
An information workshop -for -all applicants is scheduled for Monday,.APRIL 6, 2020, at 1:00 PM in - —
Building B, Room B1-501, of the County Administration Complex, located at 1800 27t' Street, Vero Beach,
Florida. CSAC members and staff will be present to discuss changes to this year's grant application.
AGENCY ATTENDANCE IS STRONGLY ENCOURAGED.
For questions or to RSVP, please contact Leigh Anne Uribe at (772) 226-1467 or luribe@ircgov.com.
59
J
Children's Services Advisory Committee
Grant Application - CSAC 2020-21 Grant Application
PROGRAM COVER PAGE
Organization Name
Executive Director Name
Executive Director Address
Executive Director Email
Executive Director Phone
Agency Fax
Program Director Name
Program Director Address
Program DirectorEmail
Program Director Phone.
Program Title
Identify the Focus Area(s) of Need your program will address:
it Early Childhood Development
Build Parent Capacity
Quality After School and Summer Enrichment Programs
Middle and High School Programs that Address Risky Behavior
Brief Description of the Program
CSAC FY21 CORE APPLICATION - 1
60
AGENCY BUDGET
Revenue
61
CSAC FY21 CORE APPLICATION - 2
FY 18/ 19
AUDITED
ACTUALS
FY 19/20
PROJECTED
ACTUALS
FY 2 0 /21
PROPOSED
BUDGET
Percentage
Change
+ or (-)
Children's Services Council(s)
CSC - St. Lucie County
CSAC - Indian River County
CSC - Martin County
United Way -Indian River County
United Way -St. Lucie County
United Way -Martin County
County Funds
Department of Children & Families
Other FL State Funds
Federal Funds
Grants for Funding Capital Expenditures
Other Funders
John's Island Community Service League
Quail Valley
Indian River County Hospital District
Grand Harbor
Indian River Community Foundation
Other Charitable Organizations
Program Fees
Contributions -Cash
Fund Raising Events -Net
Funds from Other Sources
Investment Income
Legacies & Bequests
Membership Dues
Miscellaneous
Reserve Funds Used for Operating
Sales to Public -Net
In -Kind Donations (Not included in total)
OTAL - - -
61
CSAC FY21 CORE APPLICATION - 2
AGENCY BUDGET
Expenditures
Revenues Over / (Under) Expenditures
FY 18/19
AUDITED
..ACTUALS
FY 19/20
PROJECTED
ACTUALS
FY 2 0 /21
PROPOSED
BUDGET
Percentage
Change
+ or (-)
Salaries
AUDITED
PROJECTED
PROPOSED
- Change --
Payroll Taxes
ACTUALS
ACTUALS
BUDGET
+ or (-)
Employee Benefits
Professional Fees
Administrative Costs
Advertising
Audit Expense
Educational Materials
Books, Specific Assistance
Equipment: Rental & Maintenance
Food & Nutrition
Insurance
Miscellaneous
Occupancy
OfficeSupplies
Postage/Shipping
Printing & Publications
Specific Assistance to Individuals
Subscription/Dues/Members hips
Telephone
Travel/Conferences/Training
Travel -Daily Mileage Reimbursement.
Utilities
Other
TOTAL
Equipment Purchases: Capital Expense
Revenues Over / (Under) Expenditures
62
CSAC FY21 CORE APPLICATION - 3
FY 18/19
FY 19/20
FY 20/21
Percentage
AUDITED
PROJECTED
PROPOSED
- Change --
ACTUALS
ACTUALS
BUDGET
+ or (-)
REVENUES OVER/UNDER EXPENDITURES
62
CSAC FY21 CORE APPLICATION - 3
PROGRAM FUNDING REQUEST
Amount Requested from CSAC for 2020/21
0.00
Total Proposed Program Budget for 2020/21
0.00
Percent of Total Program Budget
0.00
Current Program Funding from CSAC (2019/20)
0.00.
Dollar increase/(decrease) in request
0.00
Percent increase/(decrease) in request
0.00
Unduplicated Number of Children to be served Individually
0
Unduplicated Number of Adults to be served Individually
0
Unduplicated Number to be served via Group settings
0
Total Program Cost per Client
0.00
Please indicate reason for $ change in request. Check all that apply.
0- Increased number of clients
Decreased funding from other sources
Addition of staff
Orj Decreased operating expenses
177, Decreased services
C New Program
Increased operating expenses
Expansion of services
r
4 Decreased number of clients
F7 Increased funding from other sources
1 --j Decreased staff
I Other
If request increased by 5% or more over previous year's allocation, provide a detailed
explanation as to why.
If the funding request is more than 25% of the Program Budget, provide a detailed
explanation as to why.
How would the program maintain services in absence of CSAC funding?
Does the program charge clients any fees for program services? If yes, please explain.
If these funds are being used to match another source, name the source and the $ amount.
-The-Organization's Board of Directors has approved this application on:--- - -�- - - -
Electronic Signature of President/Chair of the Board or Executive Director/CPO. (Entering the
names of the Executive Director and Board Chair is confirmation that both parties have
reviewed this application and approve its submission.)
63
CSAC FY21 CORE APPLICATION - 4
PROPOSAL NARATIVE
❖ Organizational Capacity.
Provide the mission statement and vision of your organization.
Mission:
Vision:
# of Full TimeEmployees 0
# of Part Time Employees 0
# of Volunteers 0
Please briefly explain your policies and procedures on performing background checks on
all staff and volunteers interacting with children?
Does the Agency have a Board -approved written, active, strategic plan? If yes, when was it
last updated?
Does the Agency have a Board Attendance Policy? If yes, please explain the
requirements, including the # of times the Board meets annually and the # of Board
members.
Does the Board have any current vacancies? If yes, please list.
Date the Board By -Laws were last updated .
Is there a Foundation and/or Endowment associated with the agency? If yes, please
explain.
Total amount of unrestricted cash
Describe briefly the Agency's current fundraising activities.
Has your Agency EVER had any county, state or federal investigations into its operations?
-if-yes, please explain.
Provide a BRIEF summary of your organization including areas of expertise,
accomplishments, and population served.
64
CSAC FY21 CORE APPLICATION - 5
❖ Program Need Statement
What is the unacceptable,condition requiring change? Who has the need? Where do they .
live? Provide local, state, or national trend data, with reference source, that corroborates that
this is an area of need.
❖ Program Description
Briefly describe the program activities including location of services, days and hours of
operation.
Briefly describe how your program addresses the stated need/problem. Describe how your
program follows a recognized "best practice" and provide evidence that indicates proposed
strategies are effective with target population.
List staffing needed for your program, including required experience and estimated hours per
week in program for each staff member and/or volunteers.
Explain how the target population is made aware of the program.
Explain how clients access program services? (i.e., location, transportation, hours of
operation, etc.)
Does the program currently utilize a waiting list? If yes, how many clients are currently on
the waitlist to enter the program?
Identify similar programs that are currently serving the needs of your target population and
describe any efforts to minimize duplication. What differentiates your program from other
similar programs?
65
CSAC FY21 CORE APPLICATION - 6
PROGRAM OUTCOMES & ACTIVITES
CSAC Expected Outcomes
Program Activities (What):
Frequency (How Often):
Responsible Parties (Who):
Expected Outcome /Change (Focus Area):
➢ For this outcome, report current fiscal year results to date (10/01/19 — 03/30/20):.
➢ ACTUAL outcome results for the previous fiscal year:
Indicator Measurements (Evidence):
Data Source (Where):
Time of Measurement (When):
CSAC FY21 CORE APPLICATION - 7
66
COLLABORATIVE AGENCY
List Collaborative Agency
Agency Name I Program Resources Provided .
67
CSAC FY21 CORE APPLICATION - 8
DEMOGRAPHICS
Unduplicated Clients - Program Specific
Ethnicity
FY 18/19
% of Total
FY 19/20
Projected
% of Total
FY 20/21
Projected
% of Total
Total Unduplicated Clients
Total
Ethnicity
Age
FY 18/19
% of Total
FY 19/20 Projected
% of Total
Pro� 0/21
ected
% of Total
Black / African American
White
Hispanic / Latino
Asian
American Indian
Other
Unknown
Total
Age
68
CSAC FY21 CORE APPLICATION -9 ,,
FY 18/19
% of Total
FY 19/20
Projected
% of Total
FY 20/21
Projected
% of Total
Total # of Children
Preschool 0-4
Elementary 5-10
Middle School 11-14
High School 15-18
Total # of Adults
Young Adult 19-25
Adult 26-54
Senior 55+
Total
68
CSAC FY21 CORE APPLICATION -9 ,,
DEMOGRAPHICS
Income
Geographic Location
FY 18/19
% of Total
FY 19/20
Projected
% of Total
FY 20/21
Projected
% of Total
100% of poverty or below
101 % to 150% of poverty
151 % to 200% of poverty
201 % of poverty and above
Unknown
Total -
Geographic Location
69
CSAC FY21 CORE APPLICATION - 10
FY 18/19
% of Total
FY 19/20
Projected
% of Total
FY 20/21
Projected
% of Total
Indian River Co.
Fellsmere
Sebastian
GiffordMabasso
Central Vero
So. County -
Unknown
Martin Co.
St. Lucie Co.
Okeechobee Co.
Total
69
CSAC FY21 CORE APPLICATION - 10
PROGRAM BUDGET
Revenue
70
CSAC FY21 CORE APPLICATION - 11
FY 18/19
AUDITED
ACTUALS
FY 19/20
PROJECTED
ACTUALS
FY 2 0 /21
PROPOSED
BUDGET
Percentage
Change
+ or (-)
Children's Services Council(s)
CSC St. Lucie County
CSAC - Indian River County
CSC - Martin County
United Way -Indian River County
United Way -St. Lucie County
United Way -Martin County
County Funds
Department of Children & Families
Other FL State Funds
FL Grant Funds
Federal Funds
Other Funders
John's Island Community Service League
Grants for Funding Capital Expenditures
Program Fees
Contributions -Cash
Fund Raising Events -Net
Funds from Other Sources
Investment Income
Legacies & Bequests
Membership Dues
Miscellaneous
Reserve Funds Used for Operating
Sales to Public -Net
In -Kind Donations (Not included in total)
Total
70
CSAC FY21 CORE APPLICATION - 11
PROGRAM BUDGET
Expenses
Revenue Over/(Under) Expenditures
FY 18/19
AUDITED
ACTUALS
FY 19/20
PROJECTED
ACTUALS
FY 2 0 /21
PROPOSED
BUDGET
Percentage
Change
+ or (-)
Salaries
AUDITED
PROJECTED
PROPOSED
Change
Subcontractor Wages
ACTUALS
ACTUALS
BUDGET
+ or (-)
Employee Benefits
Payroll Taxes
. .
Professional Fees
dministrativeCosts
Advertising
Audit Expense
Educational Materials
Equipment: Rental & Maintenance
Food & Nutrition
Insurance
Occupancy
OfficeSupplies
Postage/Shipping
Printing & Publications
Specific Assistance to Individuals
Subscription/Dues/Members hips
Telephone
Travel/Conferences/Training
ravel -Daily Mileage Reimbursement
Utilities
Other
Total
Equipment Purchases: Capital Expense
Revenue Over/(Under) Expenditures
71
CSAC FY21 CORE APPLICATION -12
FY 18119
FY 19120
FY 2 0 /21
Percentage
AUDITED
PROJECTED
PROPOSED
Change
ACTUALS
ACTUALS
BUDGET
+ or (-)
REVENUESOVER/UNDER
EXPENDITURES ._ __ ___ - __
. .
71
CSAC FY21 CORE APPLICATION -12
Indian River County Grant Contract
This Grant Contract ("Contract") entered into effective this 1 st day of October 2020 by and between
Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach
FL, 32960 ("County") and (Recipient)
of (Address)
for (Name of Program).
Background Recitals
A. The County has determined that it is in the public interest toFpr` omote healthy children in a
healthy community.
B. The County adopted Ordinance 99-1 on January 19, 1999(\Ordinances d established
the Children's Services Advisory Committee to promote healtky children in a healthy
community and to provide a unified system of planning.and delivery within which children's
needs can be identified, targeted, evaluated and addressed. �
C. The Children's Services Advisory Co�rnmitte` e-has�issued yrequest for proposals from
individuals and entities that will assist the Children's Services Advisory Committee in
fulfilling its purpose. � ��
D. Th r
The proposals submitted to the Ghildrems Services Advisory Committee and the
recommendation of the Children,s�Servvices Advisory Committee have been reviewed by
the County. \
E. The Recipient, by miffing a proposal to thewChildren s Services Advisory Committee,
has applied for a grant of -money ("Grant"), for the Grant Period (as such term is hereinafter
defined) on the termsandconditions set�forth herein)
F. The Cou 6t y has agreed to'pr6vid such`ran1 funds to the Recipient for the Grant Period
(as such,term is. hereinafter on the -terms and conditions set forth herein.
DW THEREFORE, i consideration of t�i\utual covenants and promises herein contained, and
her/good and valuablllee/consider: ion, the receipt and adequacy of which are hereby
;knowledged, the parties agree as follows:
1. \Background Recitals. 'The background recitals are true and correct and form a material
v
2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the complete
proposal submitted by the Recipient attached hereto as Exhibit "A" and incorporated herein
by this reference (such purposes hereinafter referenced as "Grant Purposes").
3. Term. The Recipient acknowledges and agrees that the Grant is limited to the fiscal year
2020/21 ("Grant Period"). The Grant Period commences on October 1, 2020 and ends on
September 30, 2021.
4. Grant Funds and Payment. The approved Grant amount for the Grant Period is
($ ). The County agrees to
reimburse the Recipient from such Grant funds for actual documented costs incurred for
Grant Purposes provided in accordance with this Contract. Reimbursement requests may
be made no more frequently than monthly. Each reimbursement request shall contain the
72
information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated
herein by this reference. All reimbursement requests are subject to audit by the County.
In addition, the County may require additional documentation of expenditures, as it deems
appropriate.
5. Additional Obligations of Recipient.
5.1 Records. The Recipient shall maintain adequate internal controls in order to safeguard
the Grant. In addition, the Recipient shall maintain adequate records fully to document the
use of the Grant funds for at least three (3) years after the expiration of the Grant Period.
The County shall have access to all books, records, and documents as required in this
Section for the purpose of inspection or audit during normal business hours at the County's
expense, upon five (5) days prior written notice.
5.2 Compliance with Laws. The Recipient shall comply at all times with. all applicable
federal, state, and local laws, rules, and regulations.
5.3 Quarterly Performance Reports. The Recipient,shall submit quarterly, cumulative,
Performance Reports to the Human Services De
business days following: December 31, Mach
reports should include but not limited to4e,numt
the quarter, and the progress the afgency has
objectives as they stated in their�RFP response.
5.4 Audit Requirements. If Recij
Indian River County government
completed by an independent ce
year. Within 180 days of the end
the audit to the Indian`Ri ev ��Cou
will be as reported onNth #plication for
County prior to any change int the fiscal -p
that the Colin y,m`y deny funding t any,
a prior fiscal year`s past due and has not
of the County within fifteen'(15)
30, and September�30/These
plicated children served during
)ward meeting their goals and
00 or more in the aggregate from all
recipient is required to have an audit
inti t the end of the Recipient's fiscal
kca"I'year, the Recipient shall submit
ement and Budget. The fiscal year
ing,,ed the Recipient agrees to notify the
of Recipient. The Recipient acknowledges
dent if an audit required by this Contract for
submitted by May 1
5-4.1 The Recipient fuither ackn wledges that, promptly upon receipt of a qualified opinion
from their independent/auditor'—such qualified opinion shall immediately be provided to the
Indian River County Office of Management and Budget. The qualified opinion shall
thereupon_be reported to the Board of County Commissioners and funding under this
Contract willec ase immediately. The foregoing termination right is in addition to any other
right of the Cou tyAo terminate this Contract.
5.4.2 The Indi njRi'er County Office of Management and Budget reserves the right at any
time to send -a letter to the Recipient requesting clarification if there are any questions
regarding a part of the financial statements, audit comments, or notes.
5.5 Insurance Requirements. Recipient shall, no later than October 1, 2020, provide to the
Indian River County Risk Management Division a certificate or certificates issued by an
insurer or insurers authorized to conduct business in Florida that is rated
73
not less than category A-: VII by A.M. Best, subject to approval by Indian River County's
risk manager, of the following types and amounts of insurance:
(i) Commercial General Liability Insurance in an amount not less than $1,000,000.
combined single limit for bodily injury and property damage, including coverage for
premises/operations, products/completed operations, contractual liability, and
independent contractors;
(ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per
occurrence combined single limit for bodily injury and property damage, including
coverage for owned autos and other vehicles, hired autos and other vehicles, non -
owned autos and other vehicles; and 7
(iii) Workers' Compensation and Employer's Liability (cur`rent,Florida statutory limit)
(iv) In the event that children are supervised, Sexual Molestation�bility Insurance
in an amount not less than $1,000,000 each occurrence/claim
5.6 Insurance Administration. The insurance certificates, evidencing all required insurance
coverages shall be fully acceptable to County -in both form and content\and,s`h la I provide
and specify that the related insurance coverage shall of be cancelled without at thirty
(30) calendar days prior written notice having been given to the County. -,In addition, the
County may request such other proofs and assurances as it may,reasonably require that
the insurance is and at all times remains in.full forcejan{d effect. Recipient agrees that it is
the Recipient's sole responsibility to coordinate` ctivities among itself, the County, and the
Recipient's insurer(s) so that the�insurance certificates are acceptable to and accepted by
County within the time limits set forth in this Contract. County shall be listed as an
additional insured on allinsurance�coverage required,by(this Contract, except Workers'
Compensation insurance. The Recipient shall, upon ten (10) days' prior written request
from the County, deliver copies tb,the�County, or�make copies available for the County's
inspection -at Recipient sNplace of .business, of any and all insurance policies that are
required in this -Contract. If,the Recipient fails to deliver or make copies of the policies
available to the County; fails to obtain replacement insurance or have previous insurance
policies reinstated or renewed upon termination or cancellation of existing required
coverages; or fails in any other-regard,to obtain coverages sufficient to meet the terms and
conditions of this�Contract t e-n,thlCounty may, at its sole option, terminate this Contract.
5.7 Indemnification. \The Recipient shall indemnify and save harmless the County, its
agents, officials, and employees from and against any and all claims, liabilities, losses,
damage or causes of`action which may arise from any misconduct, negligent act, or
omissions of the Recipient, its agents, officers, or employees in connection with the
performance of-&s�Contract.
5.8 Public Records. The Recipient agrees to comply with the provisions of Chapter 119,
Florida Statutes (Public Records Law). The Recipient shall comply with Florida's Public
Records Law. Specifically, the Recipient shall:
(1) Keep and maintain public records that ordinarily and necessarily would be required
by the County in order to perform the service.
(2) - Provide the public with access to public records on the same terms and conditions
that the County would provide the records and at a cost that does not exceed the cost
provided in chapter 119 or as otherwise provided by law.
74
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the
County all public records in possession of the Recipient upon termination of the
Agreement and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the County in a format that is compatible with the
information technology systems of the County.
Failure of the Recipient to comply with these requirements shall"be a material breach of
this Agreement.
IF THE CONTRACTOR HAS QUESTIONSII/REGARDING
THE APPLICATION OF CHAPTER 119<FLORIDA
STATUTES, TO THE
PROVIDE PUBLIC RE
CONTRACT, CONTACT
RECORDS AT: n
(772) 226-1424
Indian River Cs
1801 271 Street
Vero B.each..FL
CONTRACTOR'SD,UTY jTO
CORDS�REL.ATING
TP,,/THIS
THE GUSTODIAPUBLIC
ttorney
6.iTermination. \This Contract may be.terminated by either party, without cause, upon thirty
(30) days prior written notice to the other party. In addition, the County may terminate this
Contract for convenience upon ten 10) days prior written notice to the Recipient if the County
determines -that suchtermination is in the public interest.
7. Availability of Fuu�nds�e obligations of the County under this Contract are subject to the
availability of funds lawfully appropriated for its purpose by the Board of County
Commission ,of Indian River County.
8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit
C and incorporated herein in its entirety by this reference.
9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign
immunity.
10. Notification. Recipient shall notify County of all changes in Recipient's senior management
and of any litigation filed against or by Recipient.
75
IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first
above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
AF
Ja
RE
By
Approved Xs'/to form and legal sufficiency:
76
EXHIBIT A
[Copy of proposal cover page]
77
EXHIBIT B
[From policy adopted by Indian River County Board Of County Commissioners on May 16, 2017.]
"D. Nonprofit Agency Responsibilities After Award of Funding
1. Indian River County provides funding to all nonprofit agencies on a reimbursement basis
only.
2. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled
check. Any expense not documented properly to the satisfaction of the Office of Management
& Budget and/or the County Administrator may not be reimbursed.
3. If an agency repeatedly fails to provide adequate documentation, this` may be reported to the
Board of Commissioners. In the event an agency provides inadequate documentation on a
consistent basis, funding may be discontinued immediately. Additionally this may adversely
affect future funding requests. �� ��
4. Expenditures may only be reimbursed from the-fiscal,year for which funding was awarded. For
example, no expenditures prior to October 1st may be reimbursed with funds from the following
year. Additionally, if any funds are unexpended at the end of a fiscal,year;Ithese funds are not
carried over to the next year unless expressly authorized by the Boar&of Commissioners.
5. All requests for reimbursementyat\fiscal year end (September 30th) must be submitted on a
timely basis. Each year, the Office of°Management& Budget will send a letter to all nonprofit
agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline
is typically early tom id October, since the Finance Department does not process checks for
the prior fiscal year beyond that,point.�
6. Each reimbursement request must include a summary of expenses by type. These summaries
should be` broken down into salaries, benefits, supplies, contractual services, etc. If Indian
River Co�u;y,i` reimbursin-
g an agency for only a portion of an expense (e.g. salary of an
employee), then the method for this -,portion should be disclosed on the summary. The Office
of -Management & Budget has summary forms available.
7. Indian River Count w will not -reimburse ertain types of expenditures. These expenditure types
(are listed below
a---Travel expe!ses for travel outside the County including but not limited to; mileage
._.reimbursement\hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage
reimbursement\for local travel (within Indian River County) is allowable.
b. Sick or Vacation payments for employees. Since agencies may have various sick and
vacation pay policies, these must be provided from other sources.
c. Any expenses not associated with the provision of the program for which the County
has awarded funding.
d. Any expense not outlined in the agency's funding application.
8. The County reserves the right to decline reimbursement for any expense as deemed
necessary."
78
EXHIBIT C
STANDARD TERMS FOR GRANT CONTRACT
1. Notices: Any notice, request, demand, consent, approval or other communication required or
permitted by this Contract shall be given or made in writing, by any of the following methods:
facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier
service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the
addresses of the parties shown below:
County: Leigh Anne Uribe, Director
Indian River County Human Services
190027 TH Street
Vero Beach, Florida 32960-3365
Recipient:
2. Venue; Choice of Law: The validity, interpretation, construction, and effect of�this Contract shall
be in accordance with and governed by the laws -of the State of Florida, only.\Tlie location for
settlement of any and all claims, controversies, or -disputes, arising out of or relating,to any part of
this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian
River County, Florida for claims brought in state -court, and the SouthernDistrict. of Florida for those
claims justifiable in federal court. —
3. Entirety of Agreement: This Contract'ir
negotiations, correspondence, conversa
matters contained herein and the partie
understandings concerning th` subject
Accordingly, it is agreed,that-no de
representations or agreements w
amendment or alteration in the`tE
contained in a written document,si
4. Severability: In the ever
invalid, such unenforceab
and every other term�and
extent permitted bytlaw,, j
5. C�aptions_and-Interpretati(
not ,to,be considered>in ai
Unless the context`in8icz
number, and vice versa?
unless the sense indicate
E
rate`s,�nd;includes all prior and contemporaneous
agreements., and understandings applicable to the
e�that ther` are no commitments, agreements, or
:rtof*this Contract that are not contained herein.
the'terms hereof shall be predicated upon any prior
:)r written'.")lt is further agreed that no modification,
editions contained herein shall be effective unless
ned 6y -bo
vision of this Contract is determined to be unenforceable or
Adity shall not affect the remaining provisions of this Contract,
of this -Contract shall be deemed valid and enforceable to the
tent>this Contract is deemed severable.
s: Captions in this Contract are included for convenience only and are
f�construction or interpretation of this Contract or any of its provisions.
s�otherwise, words importing the singular number include the plural
fords of any gender include the correlative words of the other genders,
otherwise.
6. Independent Contractor. The Recipient is and shall be an independent contractor for all purposes
under this Contract. The Recipient is not an agent or employee of the County, and any and all
persons engaged in any of the'services or activities funded in whole or in part performed pursuant
to this Contract shall at all times and in all places be subject to the Recipient's sole direction,
supervision, and control.
7. Assignment. This Contract may not be assigned by the Recipient without the prior written consent
of the County.
79
Drin
MIAM
CONSENT AGENDA
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the Board of County Commissioners
DATE: March 10, 2020
SUBJECT: Certificate of Participation
Florida Department of Law. Enforcement
FY19 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program .
FROM: Kristin Daniels
Director, Management and Budget
DESCRIPTIONS AND CONDITIONS
Indian River County has been notified by the Florida Department of Law Enforcement (FDLE),
Office of Criminal Justice Grants, that $57,294 has: been allocated in grant funds for FY 2019
Justice Assistance Grant Countywide (JAGC).
RECOMMENDATION
Staff recommends that the Board of County Commissioners execute the Certificate of
Participation.
80
CERTIFICATE OF PARTICIPATION
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Ms. Rona Kay Cradit
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Ms. Cradit:
This letter provides notification that the Indian River County Board of Commissioners
V Accepts_Declines to serve as the coordinating unit. of government for the Florida Department.of
Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide Program.
I understand, for the purposes of the JAG Countywide Program, the county can only request and approve
applications for eligible subrecipients. In order to meet eligibility requirements, the county, and each
organization or agency identified through the 51% planning process (as provided by.Florida Administrative
Code, Chapter 11 D-9.002), must be able to document compliance with the following requirements prior to
receiving a subaward:
• 2 C.F.R. Part 25—Universal Identifier and System for Award Management (SAM) Requirements
• 8 U.S.0 §1373 & 1644—Communication Between Governments and the Immigration and Naturalization
Service
• 28 C.F.R. Part 42—Nondiscrimination; Equal Employment Opportunity, • Policies and Procedures
• 2 C.F.R. §200.318-326—Federal Procurement Standards
• 2 C.F.R Part 200.300-309—Standards for Financial and Program Management
For purposes of coordinating the preparation of application(s) for grant funds with the Office of Criminal
Justice Grants, the following individual is designated as County Coordinator for the county's FY18 JAG
Countywide subawards:
Name: Kristin Daniels
Title: Director, Management & Budget
Email: kdaniels@ircgov.com
Phone: 772-226-1214
Agency: Indian River County BCC
Address: 1801 27th Street
City: Vero Beach, FL
Zip: 32960-3388
I acknowledge and understand the responsibility placed. upon the county to ensure grant funds are used
for improving criminal justice and subawards, as identified through the 51% process, are only approved to
eligible subrecipients.
Sincerely,
Chair
County Board of Commissioners
Rule Reference 11 D-9.006 OCJG-024 (Rev. Aug 2017)
Fiscal Year 2019 JAGC Allocations
County Allocation County Allocation
Alachua
$84,369
Lake
$87,350
Baker
$32,157
Lee
$184,284
Bay
$91,029
Leon
$101,800
Bradford
$43,429
Levy
$35,415
Brevard
$145,587
Liberty
$19,441
Broward
$395,109
Madison
$51,390
Calhoun
$21,802
Manatee
$117,694
Charlotte
$66,748
Marion
$94,003
Citrus
$44,201
Martin
$61,645
Clay
$54,076
Monroe
$64,248
Collier
$93,181
Nassau
$44,988
Columbia
$45,234
Okaloosa
$73,373
Dade
$624,197
Okeechobee
$61,098
Desoto.
$35,743
Orange
$320,718
Dixie
$26,294
Osceola
$93,965
Duval
$256,788
Palm Beach
$312,028
Escambia
$115,566
Pasco
$120,025
Flagler
$38,526
Pinellas
$268,112
Franklin
$41,760
Polk
$185,837
Gadsden
$28,497
Putnam
$61,756
Gilchrist
$25,561
Santa Rosa
$48,626
Glades
$15,342
Sarasota
$104,418
Gulf
$43,128
Seminole
$125,400
Hamilton
$54,128
St. Johns
$60,144
Hardee
$40,638
St. Lucie
$92,153
Hendry
$74,153
Sumter
$46,717
Hernando
$54,382
Suwannee
$36,701
Highlands
$59,341
Taylor
$37,072
Hillsborough
$325,653
Union
$17,147
Holmes
$24,959
Volusia
$144,648
Indian River
$57,294
Wakulla
$23,284
Jackson
$27,876
Walton
$32,662
Jefferson
$33,281
Washington
$31,545
Lafayette
$20,249
Total JAGC $6,299,965
Consent Agenda
Indian River County
Interoffice Memorandum
Office of Management & Budget
To:
Members of the Board of County Commissioners
From:
Kristin Daniels
Director, Office of Management & Budget
Date:
March 9, 2020
Subject:
Miscellaneous Budget Amendment 006
Description and Conditions
1. On March 10, 2020 the Board of County Commissioners approved the Sheriffs Office pay
request for $33,653 received from the SCAAP program. Exhibit "A" appropriates the funds.
2. Several projects need to be "rolled over" to the new fiscal year. Exhibit "A" appropriates
funding of $500,000 from Traffic Impact Fees/Cash Forward -Oct 1st, $1,297,132 from Optional
Sales Tax/Cash Forward -Oct 1st and $141,647 from Emergency Services District/Cash
Forward -Oct 1st
3. On November 19, 2019 the Board of County Commissioners approved the Indian River
County Firefighters/Paramedics Assoc. Local 2201, [AFF 3 -year contract. The contract calls
for heavy duty and regular washers, storage sheds and necessary water & electrical hookups.
Exhibit "A" appropriates $87,650 from Emergency Services District/Reserve for Contingency.
4. On March 10, 2020 the Board of County Commissioners approved the agreement with Carter
Associates for the Lost Tree Islands Conservation Area. Exhibit "A" appropriates the
additional funding of $73,080 from Optional Sales Tax/Cash Forward -Oct 1st
5. On February 28, 2020 the County Attorney's Office received $200,000 from various citizens to
fund additional litigation against Virgin Trains. Exhibit "A" appropriates the donation.
6. On March 10, 2020 the Board of County Commissioners approved Staff to make the
necessary purchases to establish a County run and maintained Animal Services facility.
Exhibit "A" appropriates $863,975 from Optional Sales Tax/Cash Forward -Oct 1 It and
$244,359 from General Fund/Cash Forward -Oct 1 It for the period of May 1, 2020 through
September 30, 2020.
Staff Recommendation
Staff recommends the Board of County Commissioners approve the budget resolution amending the
fiscal year 2019-2020 budget.
83
RESOLUTION NO. 2020-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE FISCAL YEAR 2019-2020 BUDGET.
WHEREAS, certain appropriation and expenditure amendments to the
adopted Fiscal Year 2019-2020 Budget are to be made by resolution pursuant to
section 129.06(2), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Indian River County
desires to amend the fiscal year 2019-2020 budget, as more specifically set forth
in Exhibit "A" attached hereto and by this reference made a part hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER -COUNTY, FLORIDA, that the Fiscal Year
2019-2020 Budget be and hereby is amended as set forth in Exhibit "A" upon
adoption of this Resolution.
This Resolution was moved for adoption by Commissioner
, and the motion was seconded by Commissioner ,
and, upon being put to a vote, the vote was as follows:
Chairman Susan Adams
Vice Chairman Joseph E. Flescher
Commissioner Peter ,D.O'Bryan
Commissioner Tim Zorc
Commissioner Bob Solari
The Chairman thereupon declared this Resolution duly passed and adopted this
day of , 2020.
Attest: Jeffrey R. Smith
Clerk of Court and Comptroller
Deputy Clerk
INDIAN RIVER COUNTY, FLORIDA
Board of County Commissioners
Susan Adams, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
COUNTY ATT NEY
Resolution No. 2020 -
Budget Office Approval:
Exhibit "A"
Kristin Daniels, Budget Director
Budget Amendment: 006
Entry
Number
Type
Fund/ Department/Account Name
Account Number
Increase
Decrease
Revenue
General Fund/DOJ/SCAAP Grant
001033-331207
$33,653
$0
1.
Expense
General Fund/Sheriff/Detention Center
00160086-099140
$33,653
$0
Traffic Impact Fees/Cash Forward -Oct 1st
102039-389040
$500,000
$0
Revenue
Optional Sales Tax/Cash Forward -Oct 1st
315039-389040
$1,297,132
$0
Emergency Services District/Cash Forward -Oct 1st
114039-389040
$141,647
$0
2.
Traffic Impact Fee/District II/ROW45th /Resurface -58th to
43rd
10215241-066120-17028
$500,000
$0
Optional Sales Tax/JRTC Improvements
31522019-066510-17003
$1,297,132
$0
Expense
Emergency Services District/Fire Rescue/Other
11412022-066490-20023
$141,647
$0
Machinery & E ui -PEMT
Emergency Services District/Fire Rescue/Other
11412022-066490
$50,000
$0
Machinery & Equipment
Emergency Services District/Fire Rescue/Other Buildings
11412022-066290
$15,000
$0
3.
Expense
Emergency Services/Fire Rescue/Other Operating
11412022-035290
$7,200
$0
Supplies
Emergency Services District/Fire Rescue/Other
11412022-033490
$15,450
$0
Contractual Services
Emergency Services/Fire Rescue/Reserve for
Contingency
11412022-099910
$0
$87,650
Revenue
Optional Sales Tax/Cash Forward -Oct 1st
315039-389040
$73,080
$0
4.
Expense
Optional Sales Tax/Parks/Lost Tree Conservation
31521072-066510-20001
$73,080
$0
Improvements
Revenue
General Fund/Misc. Revenue/Virgin Trains Donations
001038-366002-15023
$200,000
$0
5.
Expense
General Fund/County Attorney/Legal Services/Virgin
00110214-033110-15023
$200,000
$0
Trains
General Fund/Cash Forward -Oct 1st
001039-389040
$244,359
$0
Revenue
Optional Sales Tax/Cash Forward -Oct 1 st
315039-389040
$863,975
$0
General Fund/Animal Services/Salaries
00124972-011120
$96,422
$0
General Fund/Animal Services/Part Time
00124972-01130
$13,591
$0
General Fund/Animal Services/Social Security
00124972-012110
$6,821
$0
General Fund/Animal Services/Retirement
00124972-012120
$9,318
$0
6.
General Fund/Animal Services/Insurance- Life & Health
00124972-012130
$65,214
$0
Expense
General Fund/Animal Services/Workers' Comp
00124972-012140
$1,618
$0
General Fund/Animal Services/OPEB
00124972-012160
$3,578
$0
General Fund/Animal Services/Medicare
00124972-012170
$1,595
$0
General Fund/Animal Services/Telephone
00124972-034110
$450
$0
General Fund/Animal Services/Electric Services
00124972-034310
$5,000
$0
General Fund/Animal Services/Water & Sewer Services
00124972-034320
$1,500
$0
Resolution No. 2020 -
Budget Office Approval:
Exhibit "A"
Kristin Daniels, Budget Director
Budget Amendment: 006
Entry
Number
Type
Fund/ Department/Account Name
Account Number
Increase
Decrease
6.
Expense
General Fund/Animal Services/Garbage & Solid Waste
00124972-034330
$834
$0
General Fund/Animal Services/Rent-Other Equipment
00124972-034490
$1,250
$0
General Fund/Animal Services/All Office Supplies
00124972-035110
$1,250
$0
General Fund/Animal Services/Computer Software
00124972-035120
$2,083
$0
General Fund/Animal Services/Medicine & Medical
Supplies
00124972-035270
$6,250
$0
General Fund/Animal Services/Food & Dietary
00124972-035280
$16,667
$0
General Fund/Animal Services/Other Operating Supplies
00124962-035290
$10,418
$0
General Fund/Animal Services/Maint-Alarm Monitoring
00124962-034730
$500
$0
Optional Sales Tax/Facilities Maint/Animal Service Bldg.
Renovation
31522019-066510-20024
$863,975
$0
MT
INDIAN RIVER COUNTY BOARD OF COUNTY COMMSSION
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:
ADDRESS: 175538 1h Place, Vero Beach, FL
Brodley Williams
PHONE: 772-777-0753
SUBJECT MATTER FOR DISCUSSION: Reduction of Utility Lien on Property
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? 71 YES 7 NO
IS THIS AN APPEAL OF A DECISION ❑ YES Fx]NO
WHAT RESOLUTION ARE YOU To reduce lien on property located at 1815 3811 Place, Vero Beach,
REQUESTING OF THE COMMISSION? FL
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1
YES ❑X 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: Jason E. Brown
MEETING DATE: March 17, 2020
FACounty Admin\ExecAsMt GENDA\Public Discussion Items Fom.doc
Created Date/Time: 02/26/2020 11:28:33 AM
Customer Number: 0012006
Account Number: 088002.
Service Address: 1815 38TH PL
Mailing Address:
WILBERT WILLIAMS
1755 38TH PL
VERO BEACH FL 32960
Customer/Account Transaction History
Trans Date Transaction
Amount
Balance
2/10/2020:0:00 Cycle Billing Due: 03%01/2020
$9.28
$30,526.71
2/3/2020 0:00 Penalty Fee - Water
$2.00
$30,517.43
2/3/2020 0:00 Penalty Fee - Water
$450.97
$30,515.43
1/13/2020 0:00 Cycle Billing Due: 02/02/2020
$9.28
$30,064.46
1/2/2020 0:00 Penalty Fee - Water
$2.00
$30,055.18
1/2/2020 0:00 Penalty Fee - Water
$444.14
$30,053.18
12/12/2019 0:00 Cycle Billing Due: 01/01/2020
$11.74
$29;609.04
12/3/2019 0:00 Penalty Fee - Water
$437.40
$29,597.30
11/14/2019 0:00 Transfer from Water
$29,084.90
;$29,159.90
10/28/2019 0:00 Apply Water Deposit to Water AR
$50.00
$75.00
10/28/2019 0:00 General Service Call
$25.00
$25.00
I
2/3/2020 0:00
Penalty Fee - Water
$2.00
2/3/2020 0:00
Penalty Fee - Water
$450.97
1/2/20200:00
Penalty Fee - Water
$2.00
1/2/2020 0:00
Penalty Fee - Water
$444.14
12/3/2019 0:00
Penalty Fee - Water
$437.40
$1,336.51
11/14/2019 0:00 Transfer from Water $29,084.90
10/28/2019 0:00 Apply Water Deposit to Water AR $50.00
10/28/20190:00 General Service Call $25.00
$75.00
2/10/2020 0:00 Cycle Billing Due: 03/01/2020 $9.28
1/13/2020 0:00 Cycle Billing Due: 02/02/2020 $9.28
12/12/2019 0:00 Cycle Billing Due: 01/01/2020 $11.74
$30.30
This is a transfer of the outstanding balance from Inez Register.
SERVICEADDRESS
1815 38TH PL VERO EACH
CUSTOMER/ACCOUNT NUMBER
BILL NUMBER
0012006-088002
9296373
CYCLE / BOOK BILL DATE
DUE DATE
002 1230 2/10/2020
3/1/2020.
Total Current Charges 462.25
***Past Due Balance*** 30,064.46
Total Amount Due 30,526.71
MAKE CHECKS PAYABLE TO:
WILBERT WILLIAMS INDIAN RIVER COUNTY UTILITIES
1755 38TH PIL DEPT #0067
VERO BEACH FL 32960 PO Box 850001
Orlando, FI 32885-0067
328850067
0012006088002003052671202003019
Please Detach and Return Top Portion with Your Payment
INDIAN RIVER COUNTY
UTILITIES DEPARTMENT
1801 27th Street
Vero Beach, FL 32960
772-770-5300
www.ircutilities.com
See Reverse Side for additional information
0012006-088002 1 002 1 2/10/2020 1 3/1/2020
Service Period Days Meter Numl
1/6/2020 2/5/2020 30 9502559
Service
WA Service Availability Charge
FS Franchise Charges
Late'Penalty
Current Charges Due. 3/1/2020
***Past Due Balance Due Immediately***
Total Amount Due
SERVICE ADDRESS
1815 38TH PL VERO BEACH
CUSTOMER/ACCOUNT NUMBER
BILL NUMBER
0012006-088002
9296373.
CYCLE / BOOK
BILL DATE
DUE DATE .
002 1230
2/10/2020
3/1/2020
Last Bill Amount 30,064.46
Past Due Balance*** 30,064.46
Total Amount- Due 30,526.71
Mult Units Currer
1 GAL 0
Consumption ERU'S
1
Previous Usage
0 0
Total
8.75
0.53
452.97
462.25
30,064:46
30,526.71
"Our records indicate that we have not received a payment on your account. Please contact our office or
pay the past due balance to ensure services are not interrupted. You may be disconnected for failure to
pay the past due balance in a timely manner without further notice. If service is disconnected, service will
be resumed only after payment of the past due balance and a reconnection fee have been made."
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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, MARCH 22, 2016 - 9:00 A.M.
Commission Chambers
Indian River County Administration Complex
1801 2711 Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Joseph A. Baird, 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 Wesley S. Davis
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation and Retirement Award Honoring Terry Cook
on His Retirement from Indian River County Board of County
Commissioners Department of Public Works/Road and Bridge Division
With Twenty -Three years of :Service
---------------------------------------------------- B. Presentation of Proclamation Designating the Day of April 12, 2016, as
-Equal Pay Day --------------------------
106
6. APPROVAL OF MINUTES PAGE
None
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Retirement Award and Proclamation Honoring Daniel Clark on His
Retirement from Indian River County Board of County Commissioners
Department of General Services/North County Library with Twenty -Five
Years of Service4-5
=----------------------------------------------------------------------------------=--------------------------- -- ---
8. CONSENT AGENDA
A. Approval of Checks and Electronic Payments March 04, 2016 to March 10,
2016
__(memorandum dated March 1' 0 2016) 6.12
-------------- -----------------------------------------
B. West Wabasso Phase II Sewer and the East Gifford Drainage Project:
Environmental Assessment, Signature Required
(memorandum dated March 11,_2016) 13-24
- -------------------------------------------------------------------
C. Ixora Park AC Water Main Replacement and Services Relocation, Request
for Approval to Retain Kimley-Horn for Surveying Services, UCP No. 4122
__(memorandum dated March 7 2016)_ _____ __________ _ 25-33
------------- '- ------------------------------------------ --------
D. Revised Equal Employment Opportunity Policy, AM -201.1
__(memorandum dated March 15, 2016) 34-37
------------------------------------------------------------
E. Approval of Renewal for a Class `B" Certificate of Public Convenience and
Necessity for Coastal Health Services of Brevard Inc. to Provide. Interfaci I ity
Ambulance Transportation Services
_-(memorandum dated March 11,_2016) 38.56
-............................. 38-56
--------------------
F. Approval of Award for Bid 2016023 — Central Regional WWTP Headworks
Rehabilitation
__(memorandum dated March _15_2010 57-70
G. FDOT Small County Outreach Program (SCOP) Agreement and Resolution
Authorizing the Chairman's Signature for Construction (Resurfacing) and
Construction Engineering Inspection (CEI) Services of CR512 from
Roseland Road to US -1
__(memorandum dated March 4, 2016) ---------------------------------- 71-94
107
8. CONSENT AGENDA PAGE
H. Florida 'Department of Law Enforcement FY 2015/2016 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program Contract No. 2016- .
JAGC-INRI-3-H#-195, Jag Award No. 2015 -MU -BX -1066 Certificate of
Acceptance of Subgrant Award, Certification of Conflict of Interest
-_(memorandum dated March :l5; 2016)
I. Gary Rust's Request for Release of Easements at 916 19t' Avenue SW (Oslo
Park Subdivision Unit 2)
__(memorandum dated March 4, 2016) ______ 100-106
J. Board Consideration to Approve a Services Consultant Agreement with
Atelier AEC, Inc. for Phase IIA Restoration of the Archie Smith Fish House
Dock
__(memorandum dated March 15, 2016) 107-125
-----------------------------------------------------------------
K. Redus El, LLC Request for Final Plat Approval for Pointe West East Village
Phase I South PD
__(memorandum dated March 1.1,_2016) 126-136
L. Indian River County Intergenerational Recreation Center (IG Bldg.) at South
County Regional Park — Change Order No. 05
_-(memorandum dated March 7, 2016) 137-145
-----------------------------------------------------------------------------------------------
M. Amendment No. 3 to Indian River County Public Shooting Range
Improvements to Skeet & Trap Facility Professional Civil Engineering and
Architectural Services Consultant Agreement RFQ No. 2013017
__(memorandum dated March 8, 2016) ____ _________________ 146-152
- -----------------------------------
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Indian River County Clerk of the Circuit Court and Comptroller
Jeffrey R. Smith, CPA, CGFO, CGMA
Agreement to Collect Tourist Development Tax with Airbnb
-_(memorandum dated March 16, 2016) 153-166
---------------------------------------------------------------------------------------
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
108
10. PUBLIC ITEMS
B. PUBLIC DISCUSSION ITEMS
PAGE
(As a general rule, public discussion items should be limited.to matters on
which the commission may take action.)
1. Request to Speak from Wesley Davis; As a Private Citizen,
Regarding All Aboard Florida Disaster Zone 167
2. Request to Speak from Beau Holland Regarding Outstanding Water
Lien on 3348 BurlingZton Place -SW - 168
--------------------- -----------------------------. -------
3. Request to Speak from Gifford .Economic Development Council
Regarding Gifford Infrastructure ___________ 169
C. PUBLIC NOTICE ITEMS
1. Notice of a Continued Public Hearing April 5,2016:
MPM Seven, LP Request to Rezone ± 12.39 acres located east of
Old Dixie Highway, North of 77th Street and west of US Highway
1, from CL, Limited Commercial District, to CH, Heavy
Commercial District; and request to rezone f 2.79 acres located
.approximately 1,450 feet north of 77th Street, east of Old Dixie
Highway and west of US Highway 1, from RMH-6 Residential
Mobile Home District (up to 6 units/acre), to CL, Limited
Commercial District (Quasi -Judicial)
------------------------------------------memorandum dated March 14,_2016) 170-171
-------------------
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
1. Consideration of Agency Report for FPL's Proposed Okeechobee
Clean Energy Center (Power Plant)
(memorandum dated March 15, 2.016) - -- - - .- 172.237
- - - - - -------------------------
B, Emergency Services
None
109
12. DEPARTMENTAL MATTERS
C. General Services
None
1, Human Services
None
2. Sandridge Golf Club
None
, 3, Recreation
None
A Human Resources
None
E. Office of Management and Budget
None
F. Public Works
None
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
None
PAGE
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
None
B. Commissioner Joseph E. Flescher, Vice Chairman
- - None - - --- - -- — - -
110
14. COMMISSIONERS MATTERS PAGE
C. Commissioner Wesley S. Davis
None
D. Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board
shall provide an opportunity for public comment prior to the undertaking by the Board of any.action on
the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any
proposition which the Board is to. take action which was either not on the Board agenda or distributed to
the public prior to the commencement of the meeting.
Anyone who may wish. to appeal any decision which may be made :at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with ;
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
- County Commission Office at 772-226-1490 at least 20 hours in advance of -the meeting. ---- -- - - --
111
The full agenda is available on line at the Indian River County Website at www.irc o� v.com The full .
agenda is also available for review. in the Board of County Commission Office, the Indian River County
Main Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1: 00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
112
4
0
COUNTY COMMISSIONERS DISTRICT
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, MARCH 22, 2016
Commission Chambers
Indian River County Administration Complex
180127" Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Bob Solari, Chairman
District 5
Present
Joseph A. Baird, County Administrator
Present .
Joseph E. Flescher, Vice Chairman
District 2
Present
Dylan Reingold, County Attorney
Present.
Wesley S. Davis
District 1
Present
Jeffrey R. Smith, Clerk of the Circuit
Present
Peter D. O'Bryan
District 4
Absent
Court and Comptroller
Tim Zorc
District 3
Present
Leona Adair Allen, Deputy Clerk
Present
DVD
TIMES
1• CALL TO ORDER 9:00 A.M.
PACKET
PAGES
2• INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and �.
Comptroller
3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis
4• ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:02 ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner Davis,
a.m. by a 4-0 vote (Commissioner O'Bryan absent), the Board approved the Agenda as
presented.
5. PROCLAMATIONS and PRESENTATIONS
9:03 A. Presentation of Proclamation and Retirement Award Honoring Terry Cook on
a.m. His Retirement from Indian River County Board of County Commissioners
Department of Public Works/Road and Bridge Division With Twenty -Three
ears of Service ------------------------------------ - - — -- --
Chairman Solari read and presented the Proclamation to Terry Cook.
113
9:12 B. Presentation of Proclamation Designating the Day of April 12, 2016, as Equal
a.m. .-Pay Day----------------------------------------------------------------------------------------------=-------= - 3 -
Commissioner Zorc read and presented the Proclamation to Susan Jones,
member of the Vero Beach American Association of University Women
(AAUW). She provided the details of an upcoming promotional event, and
the statistics on women's versus men's annual earnings.
6. APPROVAL OF MINUTES
None
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:22 A. Retirement Award and Proclamation Honoring Daniel Clark on His Retirement
a.m. from Indian River County Board of County Commissioners Department of
General Services/North County Library with Twenty -Five Years of Service 4-5_
Chairman Solari recognized Daniel Clark on his retirement. .
8. CONSENT AGENDA
ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner Davis, by
a 4-0 vote (Commissioner O'Bryan absent), the Board approved the Consent
Agenda, pulling item 8.B. for comment.
9:23 A. Approval of Checks and Electronic Payments March 04, 2016 to March 10, 2016
a.m. (memorandum -dated- 10, 2016)_ 6-12
- - ------------------------------------------------------------------------
Approved the list of checks and electronic payments as supplied by the
Comptroller's office.
B. West Wabasso Phase II Sewer and the East Gifford Drainage Project:
Environmental Assessment, Signature Required
-
(memorandum dated March 11 2016) 13-24 -
----------------------------- ----- --------------------------------------
Chairman Solari noted that this project would be helping with the total
maximum daily loads (TMDL) of nitrogen/phosphorous going into the
Lagoon, and would also provide conversions from septic to sewers for
approximately 45 families in the West Wabasso area.
ON MOTION by Commissioner Davis, SECONDED by Vice Chairman
Flescher, by a 4-0 vote (Commissioner O'Bryan absent), the Board
authorized the Chairman to execute the Environmental Assessment for the
Department of Housing and Urban Development (HUD) Funded Proposal.
C. Ixora Park AC Water Main Replacement. and Services Relocation, Request for
Approval to Retain Kimley-Horn for -Surveying Services, -UCP --No. 4122
(memorandum dated March 7, 2016)
.25-33
114
--------------------------------------------------------------------------------------------------------------------------
Approved and authorized the Chairman to execute Work Order No. 3 with
Kimley-Horn and Associates, Inc., for a lump sum amount of $34,100.00.
D. Revised Equal Employment Opportunity Policy, AM -201.1
(memorandum dated March 15 2016) ---------------------------------------------------------- 34-37__
Approved and authorized the Chairman to execute the newly revised Equal
Employment Opportunity policy, which will replace the 1989 version
currently in the County's Administrative Manual; and approved updating
Section 104.01, Equal Employment Opportunity, of the Indian River County
Code of Ordinances.
E. Approval of Renewal for a Class `B" Certificate of Public Convenience and
Necessity for Coastal Health Services of Brevard Inc. to Provide Interfacility
Ambulance Transportation Services
(memorandum dated March_ 1_l, 2016) ___________________________________3.8-56
- - - - - - - - - - - --------------------------
Approved renewal of the Class "B" Certificate of Public Convenience. and
Necessity for Coastal Health Services, of Brevard, Inc., to be effective for a
period of two (2) years from May 4, 2016 to May 4, 2018.
F. Approval of Award for Bid 2016023 — Central Regional WWTP Headworks
Rehabilitation
(memorandum dated March 15,_2016) --_ _____ ________________________57-70
(1) Approved Bid Award 2016023, including both alternates to E&D
Contracting Services; (2) approved the Agreement; and (3) authorized the
Chairman to execute the Agreement upon review and approval by the
County Attorney as to form and legal sufficiency, the approval of the
required Public Construction Bond by the County Attorney, and the review
and approval of the required insurance by Risk Management.
G. FDOT Small County Outreach Program (SCOP) Agreement and Resolution
Authorizing the Chairman's Signature for Construction (Resurfacing) and
Construction Engineering Inspection (CEI) Services of CR512 from Roseland
Road to US -1
(memorandum dated March 4, 2016) 71-94
------------------------------- -------------------------------------------------------------------------
Approved: (1) the Small County outreach Program (SCOP) Agreement, and
(2) Resolution 2016-026, with the Florida Department of Transportation
authorizing the Chairman's execution of a Small County Outreach Program
Agreement for construction (resurfacing) and construction engineering
inspection (CEI) services of CR512 from Roseland Road to US -1.
H. Florida Department of Law Enforcement FY 2015/2016 Edward Byrne Memorial
Justice Assistance. Grant (JAG) Program Contract No. 2016-JAGC-INRI-3-H#-
195, Jag Award No. 2015 -MU -BX -1066 Certificate of Acceptance of Subgrant
Award, Certification of Conflict of Interest
(memorandum dated_March- 15, 2016) - ___-________95-99__
Approved and authorized the Chairman to execute the Certificate of
Acceptance of Subgrant Award, and the Certification of Conflict of Interest.
115
I. Gary Rust's Request for Release of Easements at 916 19th Avenue SW (Oslo
Park Subdivision Unit 2)
(memorandum -dated- March- 4 2016) 100-106
Approved Resolution 2016-027, releasing Easements on Lots 3, 4, 5 and 6,
Block E, Oslo Park Subdivision Unit No. 2.
J. Board Consideration to Approve a Services Consultant Agreement with Atelier
AEC, Inc. for Phase IIA Restoration of the Archie Smith Fish House Dock
(memorandum dated. March 15, 2016)-- 107.125 -
------------------ ---- --- ----------- ----------------------------
Authorized staff to. -finalize the draft Services Consultant Agreement with
Atelier Architecture Engineering Construction (AEC), Inc. for architectural,
oversight and construction of "Phase IIA" dock restoration at the Archie
Smith Fish House, with County cost -share funding for the work to be funded
with Florida Boating Improvements Funds.
K. Redus El, LLC Request for Final Plat Approval for Pointe West East Village
Phase I South PD
(memorandum dated_ March_ 1.1, 2016)__ 1267136
Granted final plat approval for Pointe West East Village Phase I South
Planned, Development (PD).
L. Indian River County Intergenerational Recreation Center (IG Bldg.) at South
County Regional Park — Change Order No. 05
(memorandum dated March- 7,_2016) 137-145
Approved Change Order No. 05, authorizing KAST Construction Company,
LLC an additional 76 days of contract time, and additional funding in the
amount of $86,793.84. The new total contract price will be $11,108,283.37.
M.. Amendment No. 3 to Indian River County Public Shooting Range Improvements
to Skeet & Trap Facility Professional Civil Engineering and Architectural
Services Consultant Agreement RFQ No. 2013017
(memorandum dated_ March_ 8,_ 2016) 146-152
Approved Amendment No. 3 with Donadio and Associates, Architects, P.A.
for an amount not to exceed $45,912.50, and authorized the Chairman to
execute the Agreement.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:24 A. Indian River County Clerk of the Circuit Court and Comptroller
a.m. Jeffrey R. Smith, CPA, CGFO, CGMA
Agreement to Collect Tourist Development Tax with Airbnb, Inc.
(memorandum dated March 16, 2016 153-166
----- -------------------------
Indian River County Clerk of the Circuit Court and Comptroller Jeffrey R.
Smith thanked Internal Auditor -Edward Halsey and County staff for
negotiating the contract with Airbnb, Inc. (Airbnb).
116
Deputy County Attorney Bill DeBraal explained that the Agreement
between the Indian River County Clerk of Circuit Court and Comptroller
and Airbnb would automatically charge 7% Sales Tax and 4%o Tourist Tax
on Indian River County listings appearing on the Airbnb website. He also
reported.that Airbnb would not charge for this service.
A brief discussion ensued regarding Pinellas County's Agreement with
Airbnb, and staff investigating additional online providers.
ON MOTION by Commissioner Zorc, SECONDED by Vice Chairman
Flescher, the Board by a 4-0 vote (Commissioner O'Bryan absent), approved
and authorized the Chairman to execute the Voluntary Collection
Agreement for Indian River County Tourist Development Tax.
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
10. PUBLIC ITEMS
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on
which the commission may take action.)
9:29 1. Request to Speak from Wesley Davis, As a Private Citizen,
a.m. Regarding All_Aboard Florida_Disaster Zone 167
----- - --------------------------
Wesley Davis, speaking as a private citizen, requested that
the Board be proactive in addressing the potential impacts
of All Aboard Florida (AAF) on the property disaster zone,
which is 2,000 feet wide and 22 miles long. .He felt there
should have been a study showingthe train's impact on
local real estate values and the hidden short -falls in future
tax revenues affecting the County, School Board, Cities, and
governing agencies. He.suggested a study be conducted to
create alternative evaluations to address AAF's negative
effects on property values and the tax rolls. He wanted the
County's Geographic Information System (GIS)
Department to identify established properties in the AAF
disaster zone and notify the affected parties of possible
actions and effects on their property.
(Clerk's Note: Property Appraiser David Nolte responded to
Wesley __Davis's ._comments and concerns following Item
I0.B.3.)
117
9:36 2. Request to Speak from Beau Holland Regarding Outstanding
a.m. Water Lien on 3348 Burlin on Place SW 168
- - -- ----------- ---------- -..._
Beau Holland, 10395 State Road 60, spoke about the
outstanding water lien on the property located at 3348
Burlington Place SW, which he purchased at a foreclosure
auction after it sat vacant for eight years. He requested the
Board's consideration in reducing or waiving the lien.
The Board sought further information regarding the
purchase of the house, the amnesty program, the variance
process, and existing liens and fees.
MOTION WAS MADE by Commissioner Davis to waive
the penalties and interest on the property located at 3348
Burlington Place SW, with the requirement that the owner
pay the base capacity charges within 30 days. MOTION
DIED for lack of a Second.
9:53 3. Request to Speak from Gifford Economic Development
a.m. Council Regarding Gifford Infrastructure 169
-------------------------------------- ------------------------
Wanda Scott, 4306 26th Avenue, Gifford Economic
Development Council, Inc., voiced her concerns over
Gifford's infrastructure, mainly the eroded culverts.
Administrator Joseph Baird informed Ms. Scott that Public
Works Director Rich Szpyrka was currently assessing her
concerns, and urged her to contact him in the future when
she needs assistance.
10:19 Property Appraiser David Nolte addressed Wesley Davis's
a.m. comments and concerns regarding an evaluation study, the
tax revenues, and All Aboard Florida.
C. PUBLIC NOTICE ITEMS
10:24 1. Notice of a Continued Public Hearing April 5, 2016:
a.m. MPM Seven; LP Request to Rezone f 12.39 acres located east
of Old Dixie Highway, North of 77th Street and west of US
Highway 1, from CL, Limited Commercial District, to CH,
Heavy Commercial District; and request to rezone f 2.79 acres
located approximately 1,450 feet north of 77th Street, east of
Old Dixie Highway and west of US Highway 1, from RMH-6
Residential Mobile Home District (up to 6 units/acre), to CL,
Limited Commercial District (Quasi -Judicial)
-- (memorandum -dated March 14 2016) 170-171
------------------------------------
---------------------------------- ----- ------- - ---- ----- -
County Attorney Dylan Reingold read the Notice into the
record.
118
The Chairman called for a break at 10:25 a.m., and
reconvened the meeting at 10:32 a.m.
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
10:34 1. Consideration of Agency Report for FPL's Proposed Okeechobee
a.m. Clean Energy Center (Power Plant)
(memorandum dated March 15, 2016) ------------------------------------------
______________________________172-237
Community Development Director Stan Boling provided
background and analysis on Florida Power and Light's (FPL)
proposal to certify, construct, and operate a combined cycle
natural gas fired generating unit (power plant) to be known as
the Okeechobee Clean Energy Center (OCEC), located in
northeastern Okeechobee County (Okeechobee) near the
Okeechobee/Indian River County line. He recalled the
Board's direction on March 1, 2016, for staff to bring back to
the Board, a more detailed Agency Report for Certification
Application. He described the process for the Agency Report,
highlighted the inclusions, and discussed impact issues that
had been identified by staff. He thereafter requested that the
Board approve or modify the proposed Agency Report, which
is due to the Florida Department of Environmental Protection
(FDEP) op April 6, 2016.
Commissioner Zorc voiced concerns over the response
protocol, distances from all Fire Stations to the OCEC site, the
Mutual Aid Agreement, Indian River County having people
properly trained and ready to assist Okeechobee, and crafting
a paragraph to assist in an emergency. He felt a plan should
be developed to help pay for those resources, but emphasized,
not at the Indian River County taxpayers' expense.
Emergency Services Director and Fire Chief John King stated
that he had met with the Okeechobee Public Safety
Director/Fire Chief and was told they had the resources to
handle any emergency at the OCEC.
Jackie Kingston, FPL, Manager of Development at the OCEC
site, expressed full confidence in Okeechobee's level of service
to support the needs of the site. She informed the Board that
other neighboring Counties would also be providing
emergency services to Okeechobee, in the event of a hazardous
Board of County Commission Minutes Page 7
March 22, 2016
119
materials spill, and that any training offered to Okeechobee
would be offered to surrounding Counties at their own
expense.
Michael Tammaro, Attorney for FPL, Juno Beach, explained
the procedural process in moving forward with the Agency
Report, and stated that if the conditions were not accepted,
this would go to an Administrative Law Judge Hearing on
June 20, 2016. He expressed confidence that Okeechobee
would provide adequate services.
A lengthy discussion ensued regarding Indian River County's
standards being different from other communities; financial
impacts; and public safety.
Management and Budget Director Jason Brown provided the
details of Okeechobee's tax abatement and ad valorem taxes.
Commissioner Zorc suggested three possible solutions: (1) a
funding plan from Okeechobee on how they would spend the
proceeds from the Power Plant, (2) an automatic aid fee
structure that would include training, manpower, and
equipment, or (3) voluntary annexation.
County Attorney Dylan Reingold pointed out that the wording
in the FDEP letter was based upon the language in Indian
River County Code Section 208.13, and believed it would be
best to continue the same language.
MOTION WAS MADE by Commissioner Zorc, SECONDED
by Vice Chairman Flescher, to make the following changes to
the FDEP letter: (1) Under Item 3. Emergency Services,
change the existing first paragraph to Paragraph "a"; and
(2) create a new Paragraph "b" using the following language:
"The applicant/licensee shall reimburse Indian River County
for emergency services rendered to .the project under the
Mutual Aid Agreement including training required to provide
that service."
Director Boling requested the Board to allow staff some
flexibility in the.final crafting of the paragraphs.
Commissioner Zorc suggested that staff consider adding
additional paragraphs regarding "automatic aid with a fee"
_- — — and "voluntary annexation."
120
Bart Gaetjens, External Affairs Manager for FPL, conveyed
that the reimbursable in the motion was not ..an agreeable
condition, at this time.
The Chairman CALLED THE QUESTION, by a vote of 4-0
(Commissioner O'Bryan absent), the Motion carried.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Zorc, by a 4-0 vote (Commissioner O'Bryan
absent), the Board approved the Agency Report with the
amendments to Item 3. Emergency Services.
B. Emergency Services
None
12. DEPARTMENTAL MATTERS
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
F. Public Works
None
f
- — —G----- Utilities Services - - -
None
121
13 COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
None
B. Commissioner Joseph E. Flescher, Vice Chairman
None
14. COMMISSIONERS MATTERS
C. Commissioner Wesley S. Davis
None
D, Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emer2ency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
122
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11:57 a.m.
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA Bob Solari, Chairman
Clerk of Circuit Court and Comptroller
By: Approved:
Deputy Clerk
BCC/LA/2016Minutes
0
L
123
2/26/2020
Landmark Web Official Records Search
Re: Tenant/Utilitles
Re: Parcel #26323900010008000114.0
CLAIM OF COUNTY LIEN
IN THE RECORDS OF
JEFFREY K. BART ON
Ci r:RKCiRCUITOQURT
IN 714N RWER CO., Fl..l.
This claim Is filed on behalf. of Indian River County, Florida, Department of Utility Services,
for unpaid utility service consisting of water consumption in the amount of $229.65. .
Contracted for by: INEZ REGISTER, 1816 38TH PLACE, VERO BEACH, FORIDA. More.
particulary described as:
GEOFFREYS, W E SUB SLK 8 LOTS 114 8116 PBI 2-32
This Ilan Is filed pursuant to the authority of Section 201.22, Indian River County Code, and
Section 163.87, Florida Statutes.
Approved for form and legal
Suff ` erc
arlee P. Vitunac
County Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIVER COUNTY, FLORIDA
Board of County Commissioners
By a)
mee W. Davis, P.E.
Acting Utility Director
Approved for Administrative Matters:
James E. Mandler
County Administrator
SWORN TO AND SUBSCRIBED before me the 0 day of �
1997, by JAMES W. DAVIS, P.E., Acting Utilities Director, who executed ame on behalf of
said County. He Is personally known to me.
Sign
Notary Public
printed name:
Commission #
'i'hie Jart,=Wt wF2 prepar*d L7
hi —Vxned to
V.
G the :::::r• y f:'' �. c: � � e t;1f:rq,
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NMI Public, S's of FloriOa '
'� = ` C°nuoiuba No. Cx SI6986
'% ~?a n°� MY Caewlaloa E�piirs 03/IS•+GO • :- —
https://ori.indian-river.org/search/index?theme=. blue§ion=searchCriteriaName&quickSearchSelection=#
124
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Addition.[ mh—rd,r
12/13/2019 -first 11—with Wilbert William. and 9rod1ay Will— Mather& they were in utilities inquiring on how to get were, far someloceti-
1815 38'^ PL $30,526.21 '
19x620'^STSW $39,868.3) -
338511^ CT sw - $12,138.30
went Through the explanations at the unpak balances and liem, both Mr. Wilbert Willi ems and Brodley Williams seemed surprised by the high balances issoclated with the propertles.I asked B they had hired a title company and or search for the liens themselves, their did not
did bring up th<Clerk of Court Web page and showed them how to look for liens Bled In Indian River County for future reference
1/6/2020 Mr. Brodley Williams wanted to make a W ffdeet with payment arra ngements on 1815 3E pi and 238511In CS SW, he made comment that he was goilp to let the 1514624o st property del back to a tax sale to be rid of the property.
2/13/2020 1 spoke with Brody W I Illems, he was asking about wa'Mng tee's, I advise that we have nothing currentty in ordinance that would allow IRCDUS to waive the Pi's In a situation that wasn't h -lido related. I abo explained that this matter had already been address in
front of the board, l did reference Mr. Hallards.
These properties were purchased to build homes and sell'
All three propertles had been purchased by Wilbert Williams and Brodley Williams in rex dead soles.
Line
Line Patton
Customer Service Manager
Indian Rkver County utilitic
222-226-1803
From: Vincent Burke <vburke@ircgw.com> '
Sem: Wednesday, February 26, 202012:42 PM
To: Ed tiff- eoffutt@ircgw co >; Richard Broce<rbroce@ircgw .
Cc: Lisa Patton<Ipa-,@i4s ami,Jason Brown cjbrown@ircgw.com>; Bob Solari <bzolari@Ircgw.com>
6ub1-: RE: Wilbert William1,181538th Place
Ed,
Thankyouforthesurnni Mr. Williams has been here toslxak with Usa Patton of this IT,, regarding the property at 18153863 Place.
Pursuant to Se"1" 201.22 if the Indian River County Code and Settion 153.67, Florida Statues, a lien was Bled with the clerk of court on September 30,1992, on the subject propeM which was owned, at that time, bi a Ms. Inez Register. No payments were
—noted on the propeMOver the year, due to time and the compounding penalties and interest, the balance as 0102/10/2020 is $30,526,71. I hove attached two excel spreadsheet that show the account history. The summary account page shows the fees
assoclate since Mr. Williams took ownership of the property,
Attached Is a copy of the tax deed when Mr. Williams took ownership of the propeM dated September 24, 2019, filed on September 25, 2019 with the Clerk. In doing some research with the Clerk's website regarding tx adeed purchases (link below), please note
the following caveat regarding lierss on [he propeM: 'itis recommended thot //bid*,, oef— I or, search end—olt and attorney prior to plocing p bid':
charges. The Board tlid --,i to doso. I have Included both a copyof the agenda item 1MB.2and the meeting minutes from the March 22, 2016 meeting.
Att.ehme
1. Ex el file of Account history
2. Excel summa ry of account since Mr. Williams became owner
3. Lien for 1815 384 Place
4. Tax Deed for 111111' Place
5. March 22, 2016 Agenda, see item 10.8.2.
6. March 22, 2016 approved meeting minutes
Sm
From: Ed
Sent: Wednesday, Febr— 26, 2020 9:25 AM
To: Vincent Burke <vM1,nkexairro
Cc: Use Patton +, Richard Br— >; Jason Brow >; Bob Solan
SobfecY Wilbert Williams; 181538th Place
Good morning Vintent–
I was visited this morning by Mr Wilbert Williams of 1255 38'^ Place (222-222-0253).
Mr Williams has recently purchased an empty lot at 1815 38sn Place. Aker acquiring the propii Mr Willi. ms said he was surprised to learn that there was An outstanding utilities bill of $22,— on the empty lot. On its own, this situation is problematic for him, but the bill has
now gone up to war $30g In the Nst couple of month, and he doesn't understand how that could be an an empty lot. Mr Williams has requested a meeting with Commissloner Solari his commissioner),
Mr Willlems stated he spoke with Lisa Patton, and I know Lisa will fill you In on any rele—details from her discussion. Appreciate your thoughts on this once yo,i had a chance to research.
As It Is a District 5 matter, I will defer to Richard Bruce As the lead BCC agent from here on.
Best regards
ed
Eamm A Off-
ce.,.Lmxwo.mLa•a mA�.*r: •43�
rasexAe>c•aq.
n^sam '
r.:.2:amJPmlfw '
n2-na3334 fPac
PLFABE NOTE:.iad M1va o very mood publlo Jew. Moet wrMan mmmunlevtlonv to w M1nm Courcy ofllcleN,:germ,. eounry buvimaa em cwulearod to ha publk rxxdf antl x111 d mnde awilabN to fin pudk vM tM mwlla upon,point. Yauremvll
mw,agm dna amAn.adroee m.y, tn4.erore. a epbja.bi ect Is ISISAIk mxleaun. - -
125
astly,This bring up an Issue that came before the Board
in 2016.AMr. Holland had.cqulred
A propeM in the —thern are, of the County through A foreclosure auttion,
had A utility lien on the propeM and was
looking for BCC approval to waive certain
charges. The Board tlid --,i to doso. I have Included both a copyof the agenda item 1MB.2and the meeting minutes from the March 22, 2016 meeting.
Att.ehme
1. Ex el file of Account history
2. Excel summa ry of account since Mr. Williams became owner
3. Lien for 1815 384 Place
4. Tax Deed for 111111' Place
5. March 22, 2016 Agenda, see item 10.8.2.
6. March 22, 2016 approved meeting minutes
Sm
From: Ed
Sent: Wednesday, Febr— 26, 2020 9:25 AM
To: Vincent Burke <vM1,nkexairro
Cc: Use Patton +, Richard Br— >; Jason Brow >; Bob Solan
SobfecY Wilbert Williams; 181538th Place
Good morning Vintent–
I was visited this morning by Mr Wilbert Williams of 1255 38'^ Place (222-222-0253).
Mr Williams has recently purchased an empty lot at 1815 38sn Place. Aker acquiring the propii Mr Willi. ms said he was surprised to learn that there was An outstanding utilities bill of $22,— on the empty lot. On its own, this situation is problematic for him, but the bill has
now gone up to war $30g In the Nst couple of month, and he doesn't understand how that could be an an empty lot. Mr Williams has requested a meeting with Commissloner Solari his commissioner),
Mr Willlems stated he spoke with Lisa Patton, and I know Lisa will fill you In on any rele—details from her discussion. Appreciate your thoughts on this once yo,i had a chance to research.
As It Is a District 5 matter, I will defer to Richard Bruce As the lead BCC agent from here on.
Best regards
ed
Eamm A Off-
ce.,.Lmxwo.mLa•a mA�.*r: •43�
rasexAe>c•aq.
n^sam '
r.:.2:amJPmlfw '
n2-na3334 fPac
PLFABE NOTE:.iad M1va o very mood publlo Jew. Moet wrMan mmmunlevtlonv to w M1nm Courcy ofllcleN,:germ,. eounry buvimaa em cwulearod to ha publk rxxdf antl x111 d mnde awilabN to fin pudk vM tM mwlla upon,point. Yauremvll
mw,agm dna amAn.adroee m.y, tn4.erore. a epbja.bi ect Is ISISAIk mxleaun. - -
125
Ed,
Thankyo, forthesummary. Mr. Williams has been here to speak with Lisa Patton of this offe. regarding the property at 181538 -Place.
Pursuant to Section 201.22 if the odilan River County Code and Section 153.67, Flodda Statues, a lien was fled with the clerk of court on September M, 1%7, on the subject property which was owned, at Nat time, by a Ms. Inez Register. No payments were
attempted on the, propeM. Over the years, due to time and the compounding penalties and Interest the balance az of 02/10/2020 is $30,526.71.1 have attached two excel spreadsheet that show, the account history. The summary account page shows the fees
assoclate since Mr. Williams took ownership of the property. -
Attached Is a copy of the tax deed when Mr. Williams took ownership of the propeM dated September 20, 2019, fled on September 25, 2019 with the Clerk. In doing some research with the Clerk's website regarding tax deed purchases (link below), please note
the fallowing caveat regarding Ileus oo the propeM: 'It Is recommended thot off bidders peh rm a title search p,doo—lt and M,,"pd,, to pl-m, o bid': _
What 6 the'—ibbe peel. vel does Ne wcibn Beep exMdlell .
Am bid sea ted MA less INA, 30 seconds a.mekb"un the autllorr clod v..a atem—fill exo db.bM®n9 ppkd by we (1) kdl Rhes. Thiss, ieteokllo As an www pedd. -
Ooes the rez deed see, emu e8 omer r—.,- the, Pots"?
Nd Ther. nvy:Sl De alter e:ombr, faesuMMfgd9Radts. ravens yeelslaxea.ad omer6erislinat auw4e me nb.Tlrovim6gbldei likes 616 io me popery evbjMto Md!tem.gms, wee[ eoees.ad.td,. .F~Medi. lies ar wuN ebiasl RnmrlMge.Rh
Cx EMd7arespa sLgyropMc[m.g erzh regNOnrg mepoperty, 6duding me rah. 0. defecm, &ns. eh 1p9.s..fties.esx:wmrarrcn.Ih. fJeKS Otva does .1ge.rara..a dear Its sed 6mtrespmrs2N bany w—ebanc.s on tro pmpely pbehated at avtliM. h.
Isr.cmmedM [w se b'dden pedorm a t2le.earM. aM cwuat mii u;wmy p61 to ple el a Md.
Lastly, This bring up an Issue that came before the Board in 2016. A Mr, Holland had acquired a propeM In Ne southern area of the Couny through a foreclosure auction, had a utility Ileo on the proper,, and was look, rig for BCC approval to waive certain
charges. The Board did not vote to do so. I have included both a copy of the agenda item 10.0.2 and the meetlng minutes from the March 22, 2016 meeting.
ANarhme
1. Exce, f„ a of Account history -
2. Excel summary ofaccount,est. Mr. Williams became owner
3. Lleo for 181538 - Place
a. Tax Deed for 181538 -Place
5. March 22, 2016 Agenda. see item 10.8.2.
S. March 22, 2016 approved—ting --
it cs,
inutes
Regards,
Vincent
From: Ed ---ffvtt@It...... —
gem:Wednesd,y,Feb—u 26, 20209:25 AM
Tv: Vincent Burke cvburke@iryov.com>
Ce Lisa Patton dpattan@ircgov.com>; Richard Bruce obruce&&gesso lazon grown cJbrown@Ircgov.coma; Bob Solari cbsol,rl@Imgovcom>
Subject Wilbert Williams, 1815 38th Piece
Good morning. Vincent
–
I was visited th,s morning by Mr Wilbert Willi.. N 1755 30rh Place (772-77-753).
Mr Willl,ms has recently purchased ane_PW lot at 181530-Plece.Aftar acquiring the propeM, Mr Williams said he was ibmnsetl to learn Nat there was anoutstanding utilities bill of$27,stivnthe emptylet. On its own, thissitue[Ipn is p 1:1metie for him, but the bill hes
... gone up to over $301C m the lest couple of months,, nd he doesn't understand how that could be on an empty lot. Mr Williams has requested a mestiry with Cammbskner Sol,ri this commuslonerl.
Mr Williams stated he spoke with Lis. Patton, and I knave Ll,. will fill you In on any relevant detail, from her discussion. Appreciate your Noughts on this once you've hatl s chance to research.
As it l, e District 5 matter, l will defer to Rlehard Bruce az the le.d BCC agent from here ao.
Best regards .
eewyA�ob'pa+ .
-
�r
,earrse.e
wBs:. FZ neds33u
nsaa-
1. IhAt -
nn�7ro-rstirry' -
PLEASE NOTE: Flodtla bee a vary broetl publk roeerda law. Mavt wM.n rnmmrmlaalbnata e, bum Owrdy ofgelala regarding vouny bust-.. en e -e dwed to be publk metras end vAll be, meds ev.IlebM to the pobile vd the media upon rvgrwst. Yaur...11
meaapeavd.malt wide. -m Ne,oto,e, We,blocAIts public dix3owes.
126
3120190056140 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 3240 PG: 1957,9/25/2019 1:38 PM D DOCTAX PD $49.70
Tax Deed File No. 2019-0020TD
Property Identification No. 32392600010008000114.0
TAX DEED
State of Florida
County Of Indian River
The following Tax Sale Certificate Numbered 2017-1338 issued on 06/01/2017 was filed in the office of the Tax
Collector of this County and application made for the issuance of a tax deed, the applicant having paid or redeemed all
other taxes or tax sale certificates on the land described as required by law to be paid or redeemed, and the costs and
expenses of this sale, and due notice of sale having been published as required by law, and no. person entitled to do sc
having appeared to redeem said land; such land was sold on the 24th day of September, 2019, offered for sale as
required by law for cash to the highestbidder and was sold to:
WILBERT WILLIAMS
ADDRESS:
1765 38TH PL
VERO BEACH, FL 32962
being the highest bidder and having paid the sum of his bid as required by the Laws of Florida.
NOW, on the 24th day of September, 2019, in the County of Indian River, State of Florida, in consideration of the sum of
$7,100..00 ( Seven thousand one hundred dollars only) being the amount paid pursuant to the Laws of Florida does
hereby sell the following lands, including any hereditaments, buildings, fixtures and improvements of any kind and
description,. situated in the County and State aforesaid and described as follows:
W E GEOFFREYS SUB BLK 8 LOTS 114 & 115 PBS 2-32
Original. Owners of Record:
INEZ REGISTER
Witness:
SAN LEWIS
S /ONNE WASHABAUGH
OOvf Florida
County Of Indian River
JEFFREY R. SMITH, CLERK OF CIRCUIT COURT
BY: BRANDON YOUNG
Deputy Clerk
Indian River, Florida
On the 25th day of September 2019, before me personally appeared BRANDON YOUNG, Deputy Clerk for tier%
of the Circuit Court in and for the State and this County known to meto be the person described in, :and who executed
the foregoinginstrument, and acknowledged the execution of this instrument to be her own free act and deed for the
use and purposes therein mentioned, who is personally known to me and who did not take an oath.
Witness my hand and official seal date aforesaid.
Nofen/ l ,"t S1s1e d1&6�
FloAd�
M"Eilen G Shortle No Publit State of Flo dai
• E P nn m GG 134075
�a - ----MARYELLEN SHORTLE
Notary Name Typed / Printed
Prepared by'. BRANDON YOUNG Deputy Clerk, P.O. Box 1028, Vero Beach, FL 32961
127
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BK: 3240 PG: 1958
Jeffrey R. Smith
Indian River County
Clerk of the Circuit Court and Comptroller
2000 16th Avenue
Vero Beach, FL 32960
(772) 770-5185
CERTIFICATE OF MAILING
FILE NUMBER .................. 2019-062OTD
TAX CERTIFICATE NO..... 2017=1338
ISSUED ON06/01/2017
......................
CERTIFICATE HOLDER ... CAZENOVIA CREEK FUNDING II LLC
SALE DATE ...................... September 24, 2019 11:00 AM
I HEREBY CERTIFY THAT I HAVE MAILED BY CERTIFIED AND/OR REGISTERED MAIL, A COPY
OF THE FOREGONG NOTICE TO EACH OF THE FOLLOWING AT THE ADDRESS STATED ON
THE 23rd DAY OF AUGUST, 2019.
INEZ REGISTER, PO BOX 1161, VERO BEACH, FL 32961
WILLIE E GEOFFREY, NO ADDRESS ON TC CERT.
MANATEE REGISTER, NO ADDRESS ON TC CERT.
INEZ REGISTER, NO ADDRESS ON TC CERT.
INDIAN RIVER COUNTY DEPT. OF UTILITIES SERVICES, 1801 27TH ST, VERO BEACH, FL 32960
INEZ REGISTER,1815 38TH PLACE, VERO BEACH, FL
INDIAN RIVER COUNTYATTY'S OFFICE, 1801 27TH ST, VERO BEACH, FL 32960
COMMUNITY DEVELOPMENT DEPT. OF INDIAN RIVER COUNTY, 1801 27TH ST, VERO BEACH, FL 32960
REGISTER,INEZ [ESTATE], PO BOX 1161, VERO BEACH, FL 32961
INEZ REGISTER, 1815 38TH PL, VERO BEACH, FL 32960
WITNESS MY HAND OFFICIALLY AND THE SEAL OF MY OFFICE AT THE COURTHOUSE IN
VERO BEACH, FLORIDA THIS 18th DAY OF SEPTEMBER 2019.
y �i""�► foa- oP
\y�7na,we S V yO4
R��FRcouK�E/
JEFFERY R. SMITH
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
OF INDIAN RIVER, FLORIDA
B
DEPUTY CLERK
128
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BK: 3240 PG: M9
S;
l � S
t ?144+ p111OffTFIEfCCAh�NETN%{3RK
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
CLERK OF THE CIRCUIT COURT
P.O. BOX 1028
VERO BEACH, FL 32961
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned authority personally appeared, said
legal clerk, who on oath says that he/she is a legal clerk of
the Indian River Press Journal, a daily newspaper
published at Vero Bearhin Indian River Press Joumal, 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 ind
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.
August 20, 2019, August 27, 2019, September 3, 2019,
September 10, 2019
10.2019:
TARA MONDLOCH
Notary Public
State of Wisconsin
My commission expires August 6, 2021
Publication Cost: $265.00 - - - --
Ad No: 0003733052
Customer No: 1309493
PO
129
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BK: 3240 PG: 1960
NOTICE OF APPLICATION FOI
TAX DEED
NOTICE IS HEREBY GIVEN
THAT CAZENOVIA CREEL
FUNDING 11 LLC, holder of the
following Certificate has filed
said Tax Certificate for a Tax
Deed to be issued thereon.
The Certificate Number, the
description of property and
Name(s) in which it is assessei
are as follows:
File Number:
2019-002OTD
Certificate Number:
2017.1338
Description of Property:
W E GEOFFREYSSUB BLK 8
LOTS 114 & 115 P8S 2-32
Property Address:
1815 38TH PL
VERO BEACH, FL 32960
Assessed To:
INEZ REGISTER
All of the above property is
located in Indian River Coun-
ty, State of Florida.
Unless such certificate or cer-
tificates shall be redeemed ac-
cording to taw, the Property
described in such certificate or
certificates will be sold to the
Highest Bidder online at:
w w w i n d i-
an-river.realtaxdeed.com on
the 241h day of September,
2019 at 11:00 AM or any sub-
sequently scheduled sale date.
Dated: August 12, 2019
Brandon Young Deputy
For JEFFREY R. SMITH
Clerk of the Circuit Court and
Comptroller Indian River
County Florida
WARNING
There are unpaid taxes on
property which you own, in
which you have a legal inter-
est, or is contiguous to
!y
lrbproperty-
sold at public property
auction
onon 09/24/2019 unless back
taxes are " d to the Tax Col-
lector .of Indian River County.
Payment . must be in the form
of cash, cashier's check or
money order made payable to
the Indian River County Tax
Collector. For questions con-
ceming taxes: you may call
the Tax Collector at (772) 226-
1354. To receive further infor-
mation regarding the sched-
uled auction contact the
Indian River County Clerk of
the Circuit Court,
Recording/Tax Deed Depart-
ment at (772) 226-3170 or
(772) 2263135.
NOTICE TO PERSONS WITH
DISABILITIES:
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pale in this proceeding, you
are entitled. at no cost to you,
to the provision of certain as-
sistance. Please contact Court
Administration. 250 NW
Country Club Drive Suite 217,
Port SL Lucie. FL 34986. 772-
807-4370. at least 7 days be-
fore yourscheduledcourt ap-
pearance, or immediately
upon receiving this notifica-
tion it the time before . the
scheduled appearance is les:
than 7 days; if you are hearing
or voice impaired, call 711.
Pub Auyusl 20, 27. September
3. 10, 2019 TCN 3733052
130
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BK: 3240 PG: 1961
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131
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r06;�
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 10104(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 Robert F. Booth
ORGANIZATION:
ADDRESS: 1569 Segovia Circle, VB PHONE: 772-559-2223
SUBJECT MATTER FOR DISCUSSION: Installation of a traffic signal at 16" St and 58" Ave
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES Fx_1 NO
IS THIS AN APPEAL OF A DECISION F-1 YES Fx I NO
WHAT RESOLUTION ARE YOU
REQUESTING OF THE COMMISSION? Approval of a traffic signal at 1611 St and 58" Ave
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? Fx__1 YES ❑ NO
WHAT FUNDS OR ACTIVITIES ARE Sufficient funds to make intersection changes and install a traffic
REQUIRED TO MEET THIS signal
REQUEST? g
Transmitted to Administrator Via:
Interactive Web Form
E -Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR:
MEETING DATE:
Jason E. Brown
FACounty Admin\ExecAsst\AGENDA\Public Discussion Items Form doc
132
1663
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: Brennen Kliffmueller
ADDRESS: 536 Calamondin Way PHONE:. 772-341-0237
SUBJECT MATTER FOR DISCUSSION: Provision of a Coronavirus Emergency Relief Fund
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES x� NO
IS THIS AN APPEAL OF A DECISION F-1 YES IX I NO
WHAT RESOLUTION ARE YOU Creation of a fund to provide for testing of Coronavirus, and
REQUESTING OF THE COMMISSION? financial relief for those who miss work as a consequence.
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? Fx__1 YES ❑ NO
WHAT FUNDS OR ACTIVITIES ARE Time to organize, promote, and manage the fund. Fund itself would
REQUIRED TO MEET THIS REQUEST? be supported by voluntary donations.
Transmitted to Administrator Via:
Interactive Web Form
E -Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR:
MEETING DATE:
Jason E. Brown
FACounty Admin\ExecAsst\AGENDA\Public Discussion Items Formdoc
133
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Phillip J. Matson, AICP; Community Development Director
FROM: John W. McCoy, AICP; Chief, Current Development
DATE: March 4, 2020
SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of March 17, 2020.
DESCRIPTION AND CONDITIONS:
Please be advised that the following public hearing item has been scheduled for Board
consideration:
April 7, 2020:
1. Magnolia Manor Holdings, LLC's Request for Conceptual Special Exception Planned
Development (PD) Plan Approval for a Project to be known as Magnolia PD [PD -18-11-14 /
2005030306-82553] (Quasi -Judicial)
RECOMMENDATION:
The referenced public notice item is provided for the Board's information. No action is needed at
this time.
134
l (IC-'),
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Phillip J. Matson, AICP; Community Development Director
FROM: John W. McCoy, AICP; Chief, Current Development
DATE: March 5, 2020
SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of March 17, 2020.
DESCRIPTION AND CONDITIONS:
Please be advised that the following public hearing item has been scheduled for Board consideration:
April 7, 2020:
1. Mark & Jill Bentley's Request for Abandonment of the east 30' of the 80' wide 4th Ave SE
right-of-way just south of 12th PL SE west of 405 12th, PL SE recorded in The River Shores
Estates Unit One Subdivision, Plat Book 7 Page 32 [2001100164-83290 / ROWA-19-02-01]
(Legislative)
RECOMMENDATION:
The referenced public notice item is provided for the Board's information. No action is needed at this
time.
135
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: March 4, 2020
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Prepared By: Arjuna Weragoda, PE, Capital Projects Manager
Subject: Notice of Scheduled Public Hearing to Consider Modifications to County Code Sections 201.64
and 201.65 (Legislative)
It is requested that the following information be given formal consideration by the Board of County
Commissioners (BCC) at its regular meeting of April 7, 2020.
Descriptions and Conditions:
Please be advised that the following public hearing item has been scheduled for BCC consideration:
April 7, 2020
Considering an Ordinance Establishing the Prohibition of the Discharge of Hazardous Waste Pharmaceuticals
from Healthcare Facilities and Reverse Distributors [Legislative].
Recommendation:
The referenced public hearing item is provided for the Board of County Commissioners' information. No
action is needed at this time.
136
/34
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: March 4, 2020
SUBJECT: Code Enforcement Board Appointment
On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned
to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the
process of appointments and reappointments. This agenda item is to consider the appointment of an applicant
to fill the unexpired term for the "Member -at -Large" vacancy on the Code Enforcement Board. The vacancy
has been advertised on the County's website and on Channel 27. The following are the names of qualified
applicants for this position, whose resumes are available for review in the Commissioners' Front Office area.
• Roy Clark
• Kelly A. Darmetko
• James A. Kordiak
• Daniel Wehking
RECOMMENDATION.
The County Attorney recommends that the Board consider each resume, and appoint the applicant it feels is
best qualified to fill the unexpired term for the "Member -at -Large" vacancy on the Code Enforcement Board.
ATTACHMENTS
Applications
137
INDIAN RIVER COUNTY APPLICATION
FOR COMMITTEE APPOINTMENT
Full Name: Roy Clark
Today's Dater 4-3-14 Email Address: ConcreteRoy@gmail.com
Street Address (No P.O. Boxes): 12975 80th Court, Sebastian, FL 32958
Home Phone: Work Phone: Cell Phone: 772-633-6057 Cell Phone: 321-872-5300
How long have you been a resident of Indian River County? 1984 (36 years)
Are you a full or part time resident? Check one: R1 Full Time Part Time
Please list current employer or business. If retired, please list any business experience that
may be applicable to the committee.
Roy Clark Concrete
Please list any licenses you presently hold:
Concrete & Masonry
Please list any organization of which you are currently a member:
Please list any other committees or boards you currently sit on:
Continued on next page
138
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
El
ECONOMIC DEVELOPMENT COUNCIL
El
ENVIRONMENTAL CONTROL HEARING BOARD
INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE
MPO BICYCLE ADVISORY COMMITTEE
MPO CITIZEN ADVISORY COMMITTEE
PLANNING & ZONING COMMISSION
SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE
TOURIST DEVELOPMENT COUNCIL
El
TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD
TREASURE COAST REGIONAL PLANNING COUNCIL – COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY
a
VALUE ADJUSTMENT BOARD – MUST,OWN HOMESTEAD PROPERTY
WITHIN INDIAN RIVER COUNTY
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.
139
INDIAN RIVER COUNTY APPLICATION
FOR COMMITTEE APPOINTMENT
Full Name: Kelly A Darmetko
Today's Date: 08.12.18 Email Address: kdarmetko@att.net
Street Address (No P.O. Boxes): 617 Rolling Hill Drive, Sebastian, FL 32958
Home Phone: 772-571-6595 Work Phone: 617-663-3252 Cell Phone: 508-942-9623
How long have you been a resident of Indian River County? 3 years
Are you a full or part time resident? Check one: Full Time Q Part Time
Please list current employer or business. If retired, please list any business experience that
may be applicable to the committee.
John Hancock Financial Services
Please list any licenses you presently hold:
n/a
Please list any organization of which you are currently a member:
CEFLI, ACLI, InfraGuard (private sector member)
Please list any other committees or boards you currently sit on:.
n/a ,
Continued on next page
140
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
ENVIRONMENTAL CONTROL HEARING BOARD
INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE
❑
MPO BICYCLE ADVISORY COMMITTEE
❑
MPO CITIZEN ADVISORY COMMITTEE
❑
PLANNING & ZONING COMMISSION
El
SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE
-
TOURIST DEVELOPMENT COUNCIL
TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARDF1
TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY
VALUE ADJUSTMENT BOARD— MUST OWN HOMESTEAD PROPERTY
WITHIN INDIAN RIVER COUNTY
❑
-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.
141
INDIAN RIVER COUNTY APPLICATION
FOR COMMITTEE APPOINTMENT
Full Name: James A. Kordiak [Jim Kordiak]
Today's Date: 3-4-19 Email Address: jorkdiak@c.omcast.net
Street Address (No P.O. Boxes): 25511th Square, SW, V.B. FL 32962
Home Phone: 612-747-0724 Work Phone: Cell Phone:
How long have you been a resident of Indian, River County? 01-01-19
Are you a full or part time resident? Check one: Q Full Time Part Time
Please list current employer or business. If retired, please list any business experience that
may be applicable to the committee.
Anoka County Commissioner 32 years
Please list any licenses you presently hold:
Past Real Estate Broker 30 years
Past Notary Public 32 years
Please list any organization of which you are currently a member:
- VB Lions Club - Keep Indian River Beautiful Board
- VB Chamber of Commerce
- St Helens Knights of Columbus
Please list any other committees .or boards you currently sit on:
Continued on next page
142
Place a check mark next to the committee(s) you would like to serve on:
AFFORDABLE HOUSING ADVISORY COMMITTEE
AGRICULTURE ADVISORY COMMITTEE
El
BEACH & SHORE PRESERVATION ADVISORY COMMITTEEEl
CHILDREN'S. SERVICES ADVISORY COMMITTEE
E
CODE ENFORCEMENT BOARD
COMMUNITY DEVELOPMENT BLOCK GRANT
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
ECONOMIC DEVELOPMENT COUNCIL
ENVIRONMENTAL CONTROL HEARING BOARDEl
INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE
0
MPO BICYCLE ADVISORY COMMITTEE
MPO CITIZEN ADVISORY COMMITTEE
PLANNING & ZONING COMMISSION
SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE
El
TOURIST DEVELOPMENT COUNCIL
TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD
TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY
El
VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY
WITHIN INDIAN RIVER COUNTY
-
, N
- --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.
143
INDIAN RIVER COUNTY APPLICATION
FOR COMMITTEE APPOINTMENT
Full Name: Daniel Wehking
Today's Dater Feb 03, 2020 Email Address: attorneywehking(aD-gmail.com
Street Address (No P.O. Boxes): 6435 Parklane Ct, Vero Beach FL 32967
Home Phone: Work Phone: Cell Phone: (321) 765-3115
How long have you been a resident of Indian River County? 8 months
Are you a full or part time resident? Check one: Q Full Time Part Time
Please list current employer or business. If retired, please list any business experience that
may be applicable to the committee.
Adelaide Legal Services — Managing Attorney
Please list any licenses you presently hold:
Florida Bar licensed attorney, bar number 27224
Florida Bar board certified criminal, trial attorney
Please list any organization of which you are currently a member:
Space Coast Electric Vehicle Drivers.
Please list any other committees or boards you currently sit on:
None
Continued on next page
144
Place a check mark next to the committee(s).you would like to serve on:
AFFORDABLE HOUSING ADVISORY COMMITTEE
AGRICULTURE ADVISORY COMMITTEE
El
BEACH & SHORE PRESERVATION ADVISORY COMMITTEE
a
CHILDREN'S. SERVICES ADVISORY COMMITTEE
CODE ENFORCEMENT BOARD
COMMUNITY DEVELOPMENT BLOCK GRANT
El
CONSTRUCTION
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
-
El
ECONOMIC DEVELOPMENT COUNCIL
El
ENVIRONMENTAL CONTROL HEARING BOARD
El
INDIAN
INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE
-
F -1
MPO
MPO BICYCLE ADVISORY COMMITTEE
-
El
MPO
MPO CITIZEN ADVISORY COMMITTEE
-
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
❑
VALUE ADJUSTMENT BOARD – MUST OWN HOMESTEAD PROPERTY
WITHIN INDIAN RIVER COUNTY
--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.
145
/36
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: March 10, 2020
SUBJECT: Indian River County et al., v. United States Department of Transportation, et al.
BACKGROUND.
On February 18, 2020, the Indian River County Board of County Commissioners ("Board") voted to hire Kannon K.
Shanmugam with the law firm of Paul Weiss to handle an appeal of the above -referenced case to the United States
Supreme Court, so long as private citizens were able to raise the $200,000 necessary to fund the filing of a petition
for certiorari. The initial discussed agreement with the Paul Weiss firm was that the cost of the petition for certiorari
would have a cap of $200,000, with the private citizens funding the cost of seeking jurisdiction, and the Board funding
the remaining costs, not to exceed $400,000, for the further briefing and argument if jurisdiction is granted.
The citizens did raise $200,000 for the appeal, however the Paul Weiss firm had a conflict and is unable to represent
Indian River County. Mr. Shanmugam did recommend three attorneys, one of whom is able to handle the case for
Indian River County, Mr. Jeffrey Lamken of the MoloLamken firm. That firm has already filed a request on behalf
of Indian River County for a 60 day extension of time to file the brief. Mr. Lamken has presented a retainer agreement
for a flat fee of $200,000 for seeking review by the United States Supreme Court, with the private citizens funding
the cost of seeking jurisdiction, and the Board funding the remaining costs, for a flat fee of $400,000, for the further
briefing and argument if jurisdiction is granted. The agreement also calls for Indian River County to pay for printing
costs, which will be capped at $8,000.
FUNDING.
Funds for printing and for briefing and argument, if jurisdiction is granted, would be available from the General
Fund/County Attomey/Legal Services/All Aboard Florida, account # 00110214-033110-15023. The amount
currently available in the All Aboard Florida account for the County's portion of these expenses is $445,106.
RECOMMENDATION.
- The County Attorney's Office recommends the Indian River County Board -of County -Commissioners enter into an
agreement with Mr. Lamken to handle the litigation before the United State Supreme Court, for a flat fee of $200,000
for seeking review by the United States Supreme Court, with the private citizens funding the cost of seeking
jurisdiction, and the Board funding the remaining costs, for a flat fee of $400,000, for the further briefing and
argument if jurisdiction is granted. The County Attorney's Office also recommends that the Board authorize the
hiring of another firm on similar terms if a conflict arises.
146
E MOLoLAMKEN
March 10, 2020
Dylan Reingold
County Attorney
Indian River County Attorney's Office
180127th Street
Vero Beach 32960-3388
(772) 226-1427
dreingold@ircgov.com
Jeffrey.A. Lamken
MoloLamken LLP
600 New Hampshire Avenue, N.W.
Suite 500
Washington, D.C. 20037
T: 202.556.2010
F: 202.536.2001
jlamken@mololamken.com
www.mololamken.com
Re: Indian River Cty., Fla. v. United States Dept of Transportation, 945
F.3d 515 (D.C. Cir. 2019)
Dear Mr. Reingold:
Thank you for selecting MoloLamken LLP to serve as your counsel. This letter will
confirm our engagement and describe the basis on which our firm. will provide legal
services to you.
Scope of Engagement
MoloLamken LLP (the "firm," or `eve") has been engaged to represent Indian River
County, Florida and Indian River County Emergency Services District (the "Client" or
"you") in connection with a petition for a writ of certiorari to the U.S. Supreme Court
from the decision of the D.C. Circuit in the above -captioned matter, including the
preparation and filing of your petition for a writ of certiorari, petition appendix, and reply
for the petitioner ("the matter"). Should the petition be granted, the engagement will also
include the preparation and filing of an opening brief, appendix, and reply brief, as well as
the presentation of oral argument before the U.S. Supreme Court. Our acceptance of this
engagement does not involve an undertaking to represent you or your interests in any
other matter, related or unrelated. Absent written modification, which may be by email,
we agree that the scope of our work is limited to the matter set forth above.
Identification of the Client
Our client in this matter will be solely the Client as identified above. Our representation
of the Client in this matter does not necessarily give rise to a lawyer -client relationship
147
between the firm and any of the Client's affiliates, relatives, companies, business
ventures, directors, officers, employees, or agents.
Client Responsibilities
You agree to pay our statements for services and expenses as provided below. In
addition, you agree to be candid and cooperative with us and to keep us informed with
complete and accurate factual information, documents, and other communications
relevant to the subject matter of our representation or otherwise reasonably requested by
US.
Because it is important that we be able to contact you at all times to consult with you
regarding your representation, you agree to inform us, in writing, of any changes in the
name, address, telephone number, contact person, e-mail address, state of incorporation,
or other relevant changes regarding you or your business.
Advice About Possible Outcomes
Either at the commencement or during the course of our representation, we may express
opinions or beliefs concerning the matter or various courses of action and the results that
might be anticipated. Any such statement made by any lawyer of our firm is intended to
be an expression of opinion only, based on information available to us at the time, and
should not be construed by you as a promise or guarantee. We cannot and do not
guarantee or promise any outcome. There are many factors outside our control that may
play a role in a given outcome.
Termination of Engagement
You may at any time terminate our services and representation. We reserve the right to
withdraw our representation, as limited by the applicable rules of professional conduct,
upon written notice to you. In the event that we terminate the engagement, we will take
such steps as are reasonably practicable to protect your interest in the above litigation.
You agree that failure to pay past -due fees and expenses may be grounds for withdrawal.
Conclusion of Representation: Retention and Disposition of Documents
Your papers and property will be returned to you upon request. Unless you instruct us
differently in writing, after seven years following the conclusion of this matter, we will, at
the firm's option, return all of the files to you at your cost or simply destroy them.
148
Replaement page Item 13A
March 17, 2020
Post -Engagement Matters
You are engaging the firm to provide legal services in connection with a specific matter.
After the matter concludes, changes may occur in the applicable laws or regulations that
could have an impact upon your future rights and liabilities. Unless you engage us after
completion of the litigation to provide additional advice on issues arising from the
litigation, the firm has no continuing obligation to advise you with respect to future legal
developments.
Fees
Our preference is to establish fee arrangements with clients that promote efficiency and
reward success.
Our fee agreement is set forth in Exhibit A, which is incorporated in this letter.
Costs
We believe that we should be responsible for our own overhead. Accordingly, we do not
charge for ordinary expenses such as electronic research services, ordinary copying, local
travel, secretarial overtime, postage, etc. The Client is responsible for extraordinary
expenses such as experts, consultants, investigators, translation, travel, special database
searches, electronic data collection and processing, extraordinary copying, printed briefs,
outside messenger and delivery service, trial site expenses, and filing fees.
Payment of Statements
Statements will be rendered monthly for work performed and expenses recorded on our
books during the previous month or pursuant to an alternative agreement. We will send
our statements via email and, if you request, via regular mail. Payment is due promptly
upon receipt of our statements and you agree to provide payment no later than 30 days
following issuance of the invoice.
We strongly prefer payment by wire transfer. Our wire transfer instructions are:
For Domestic Wires:
MoloLamken LLP
Signature Bank
6400 N. Northwest Hwy
Chicago, IL 60631
For Foreign Wires:
MoloLamken LLP
Wells Fargo Bank, N.A
420 Montgomery Street
San Francisco, CA 94104
V
international SWIFT: WFBIUS69
149
Conflicts and Prospective Waiver
The nature of our practice is such that occasionally the firm may concurrently represent a
client that is adverse to another client in a case or matter that is not substantially related
to our current representations of either client. We would do this only if, in our pro-
fessional judgment, we can undertake the concurrent representation without adversely
limiting the responsibilities we have to either client.' In such a situation, we consider the
needs of both clients before undertaking any such representation.
Given the nature of our practice, you agree that attorneys at the firm may represent a
party with interests adverse to yours under those circumstances. If we discover a conflict
after work has begun, you agree to use reasonable efforts to help us resolve the conflict to
the satisfaction of all parties. We agree, however, that your prospective consent to
conflicting representation will not apply where, as a result of our representation of you,
we have obtained sensitive, proprietary, or other confidential information that, if known to
our other client, could be used by the other client to your material disadvantage, unless
any confidential information we have obtained would be screened from the lawyers
working for our other client.
Resolution of Disputes
We look forward to a productive relationship as your counsel. In the unlikely event of a
dispute between you and the firm arising under or relating to this letter agreement or the
services provided by the firm, both you and the firm agree that any such dispute shall be
resolved exclusively by final and binding confidential arbitration pursuant to the JAMS
Comprehensive Arbitration Rules & Procedures, as they may be amended from time to
time. Any such arbitration shall be conducted in New York and governed by the laws of
the State of New York, without regard to choice of law principles. The arbitration shall be
conducted by a sole arbitrator appointed pursuant to JAMS rules., The award shall
require the non -prevailing party to pay all reasonable attorney's fees, costs, and expenses
incurred by the prevailing party in connection with the arbitration. For purposes of
enforcement of any award or the terms of this agreement, the Client consents to exclusive
jurisdiction in the County, City, and State of New York and waives any claim of incon-
venient forum.
Pursuant to the foregoing paragraph, the firm and the Client agree that, in the event a
dispute should arise as to the attorney's fee for legal services, they will resolve the fee
1 For purposes of this engagement letter, use of the term "substantially related" is
consistent with the use of such phrase in ABA Model Rule of Professional Conduct 1.9,
District of Columbia Rule of Professional Conduct 1.9, and New York Rule of Professional
Conduct 1.9.
150
dispute by arbitration before an arbitral forum outside Part 137 of the Rules of the Chief
Administrator of the Courts (22 NYCRR), and that the arbitration shall be governed by
the rules and procedures of that forum. By signing this agreement, the firm and the
Client acknowledge that they have received and read the official written rules, instruc-
tions and procedures for both Part 137 and the New York County Lawyers' Association
local program as well as the JAMS Comprehensive Arbitration Rules & Procedures, and
that the Client has been advised (1) that the Client has the right to use the fee arbitration
procedures of Part 137; and (2) that the Client is not required to agree to arbitrate this fee
dispute in an arbitral forum outside Part 137. The Client has also been advised of any fees
associated with using the JAMS Comprehensive Arbitration Rules & Procedures. By
signing this engagement letter, the firm and the Client agree to waive their rights with
regard to arbitration pursuant to Part 137, which includes the right to reject the
arbitrator's award by commencing an action on the merits (trial de novo) in a court of law.
The firm and the Client further agree to waive the monetary restrictions of Section 137.1
in submitting the dispute to arbitration. By signing this agreement, you represent that
you have read and understood the foregoing instructions and procedures!
To the extent that anything in this letter conflicts with billing guidelines or policies you
may have, you understand and agree that the terms set forth herein that are unrelated to
billing policies and guidelines control and are a condition of our undertaking this
representation regardless of whether this letter is countersigned.
Please review this letter carefully. Please sign the enclosed copy of the letter below and
return it to me at your earliest convenience. Our commencement of and continuation of
work on your behalf at your direction shall constitute agreement to these terms. Please
do not hesitate to call me if you have any questions.
Sincerely yours,
Jeffrey A. Lamken
MoloLamken LLP
z The rules, instructions and procedures for Part 137 can be found at https://www.ny
courts.gov/admin/feedispute/partl37.shtml. The New York County Lawyers' Association
Local Program Rules can be found at https://www.nycourts.gov/admin/feedispute/
Rules/NyclaRules.pd£ The JAMS Comprehensive Arbitration Rules & Procedures can
be found at https://www.jamsadr.com/rules-comprehensive-arbitration. Information on
JAMS fees can be found at https://www.jamsadr.com.
151
AGREED TO AND ACCEPTED:
Indian River County, Florida
Indian River County Emergency Services District
WE
Title:
Date:
152
Exhibit A
Fee Aueement
The firm will bill the Client a flat rate of $200,000.00 as its fee for preparing the petition
for a writ of certiorari and an associated reply. Printing costs will be borne by the Client
(subject to the limitation on total printing costs below). Of the $200,000, $100,000 is to be
paid immediately; and $100,000 upon the filing of the petition for a writ of certiorari.
In the event the Supreme Court grants review, the fee for handling the case on the merits
shall be $400,000.00, with the Client bearing all printing costs (subject to the limitation on
total printing costs below). Of the $400,000, $160,000 shall be paid upon the filing of the
opening brief; $160,000 upon filing of the reply brief; and $80,000 one week before the oral
argument.
Notwithstanding the above, the Client shall be responsible for no more than $8,000 in
printing costs for all stages before the Supreme Court, including any printing necessary if
the Supreme Court grants review. Any printing costs for the matter beyond $8,000 will
be borne by the firm.
For your information, our hourly rates are currently:
Steven F. Molo
$1,400
Jeffrey A. Lamken
$1,275
Partners
$775-$975
Counsel
$750-$775
Associates
$625-$725
Discovery Counsel
$425-$500
Paralegals
$210
These billing rates are subject to change from time to time and will be reflected in our
bills to you.
153
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
136
County A ttorney's Matters - B.C.C. 3.17.20
Oce of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: March 11, 2020
ATTORNEY
SUBJECT: Letter of Intent to Purchase -Property for Animal Services Facility at 210 Old Dixie
Highway
BACKGROUND.
On March 10, 2020, the Indian River County Board of County Commissioners authorized County staff to move
forward with the purchase or lease of property to house animals by the Animal Services Division. Since that time,
County staff has negotiated a Letter of Intent to Purchase for the property located at 210 Old Dixie Highway. The
property consists of a 3,250 square foot warehouse and a 5,066 square foot office/shop on 0.56 acres of land. The
Letter of Intent contemplates the County occupying the property by May 111, with a lease in place by April 1 s'while
sale is pending. The rent during the lease would be $5,500 per month. The ultimate purchase price would be
$650,000.00, which would be contingent upon typical due diligence requirements such as appraisals and
environmental reports. The County would have 45 days from. the effective date to examine the property, and then
have 30 days after the due diligence period to close.
FUNDING.
A budget amendment will be necessary to fund these expenses if approved by the Board. Funding in the amount of
$650,000.00 for the purchase of the property along with an additional $213,975 for initial capital purchases will be
provided from Optional Sales Tax/Cash Forward -Oct 1St. The operating costs for the period of May 1 through
September 30 in the amount of $244,359 will be provided by General Fund/Cash Forward -Oct 1St. After the initial
capital investments are made, staff estimates the annual cost of operating the Animal Services facility to be
$586,460.
RECOMMENDATION.
The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve
and authorize the chair to execute the Letter of Intent to Purchase for the property located at 210 Old Dixie Highway
and any other documents necessary to effectuate the terms of the Letter of Intent to Purchase, including the lease
and purchase and sale agreement.
ATTACHMENT.
C.iUsersllegi arNppDaialLocallTempIBCL Tech o4i,,I,a vPDF81 BCL@6CODD02TCaBCLQ6CODD027.docs 154
Letter of Intent to Purchase
C.IU—slleg; ,,WppDaMIL..a T—pOCL Tecllnologlesie PDF81@BCL@6CODD0271@BCL@6CODD027.da,
155
L A M B E R T
COMMERCIAL REAL ESTATE INC.
2945 20th Street, Vero Beach, Florida
LETTER OF INTENT TO PURCHASE
March 11, 2020
Indian River County
1801 27th Street
LVero Beach,_FL_3 692 0
Re: 210 Old Dixie Hwy Vero Beach, FL 32962
Dear LIGHT SOURCE TONER SUPPLY INC,
This letter will serve as Indian River County's (Buyer) Letter of Intent to Lease and Purchase the above
described property from LIGHT SOURCE TONER SUPPLY INC. (Landlord and/or Seller) under the
following terms & conditions:
Address: 210 Old Dixie Hwy Vero Beach, FL 32962
Seller/Landlord: LIGHT SOURCE TONER SUPPLY INC.
Buyer: INDIAN RIVER COUNTY, a political subdivision of the State of Florida
Premises: Premises equal a 3,250 sf warehouse and a 5,066 sf office/shop on
0.56 acres of land.
Lease Term: Buyer requires occupancy by May 1 st, and will need to enter into a lease
by April 1St while sale is pending. Lease term shall expire upon the
successful close of purchase which is expected to take place in 2=4
months.
Rent: $5,500 per month plus sales ax (The County is tax exempt). Given the
short term of the lease, Landlord shall be responsible for all operating
expenses of the property.
Escrow Deposit: 5% of sale price.
Tenant Responsibilities: Tenant shall be responsible for keeping the Premises in general good
condition, less normal wear and tear. Tenant agrees to pay for all of
their mutually approved tenant improvements. Tenant agrees to pay all
utilities associated with the leased premises referenced above.
Landlord Responsibilities: Landlord shall maintain the building mechanical systems including but
not limited to air conditioning, heating and electrical. Landlord shall be
- - - - -- - - responsible for, the maintenance and replacement of the building
structure, shell and exterior. These responsibilities shall include roof
and building exterior. At no cost to Landlord, the Landlord agrees to
help facilitate all of the building modifications for any required permits
and approvals submitted to the local governing authorities. Tenant shall
be responsible for the completion of, and associated costs for, any
additional improvements that are required by the Tenant for its
occupancy and operation. Details for all said improvemerit56,hall be
submitted in advance to Landlord and Tenant for their review and
mutual approval, not to be unreasonably withheld.
Purchase: $650,000.00 Contingent upon buyer's due diligence period, including
appraisal, environmental report etc.
Effective Date: Shall be the date of the last signature on the Purchase Agreement.
Due Diligence Period: Buyer to have 45 days from the effective date to examine the property.
Closing Date: NVithin 30 days fter expiration of Due Diligence period.
reement: Buyer and Seller shall enter into a lease agreement which sh
r
ontingent upon the successful closing of the sale of the pro
ease and sale agreement to be executed prior to April 11, 2020.
Signage: Tenant shall have all the rights for the building signage granted under
the current zoning by-laws or city/county ordinances. All monument
signage will be provided by Tenant on any existing sign.
Security: Tenant shall be permitted to install its own security system. Tenant will
be provided unlimited access to its building.
Environmental: Landlord shall provide all existing data related - to the current
environmental condition of the site.
Brokerage: It is agreed that Lambert Commercial Real Estate, Inc. is the only real
estate brokerage involved in this transaction and will be compensated
by landlord.
Letter of Intent: This Letter of Intentconstitutes a binding obligation on the part
ofboth eit#eF parties to consummate such lease agreement and both
ithe lease term portion of this Letter of Intent
PYenePty until and unless the Lease e AgFeement referenced above has
Acknowledged by: Acknowledged by:
Buyer/Tenant: Landlord:
LIGHT SOURCE TONER SUPPLY INC
By: By:
Name
By:
157
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
13.D.
Emerzency Add -On - County Attorney's Matters - B. C. C. 3.17.20
Ofce of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: March 16, 2020
ATTORNEY
SUBJECT: Resolutions Delegating the Authority to the County Administrator or his Designee to Call
Letters of Credit and to Act on Behalf of Indian River County during the time frames of
March 18, 2020, through and including April 6, 2020
BACKGROUND.
The Indian River County Board of County Commissioners does not have a scheduled meeting between
March 17, 2020 and April 7, 2020. Additionally, Governor DeSantis has declared a state of emergency
in the State of Florida due to COVID-19. During this interval, and during a locally declared state of
emergency, it is necessary and desirable that the Board delegate to the County Administrator, or his
designee, the authority to call Letters of Credit that may expire during such time. Further, it is necessary
and desirable that the Board delegate to the County Administrator, or his designee the authority to execute
all other documents necessary for the proper functioning of the County.
FUNDING.
There is no expense associated with this item.
RECOMMENDATION.
Authorize the Chairman to sign the resolution as presented, delegating the authority to call Letters of
Credit and delegating full signing authority during the period commencing March 18, 2020, through; and
including April 6, 2020, or in the event of a locally declared state of emergency due to COVID-19, until
the Board of County. Commissioners is able to meet. E
ATTACHMENT.
Proposed Resolution
C.IUsersltcournoy,arlAppDotalLoca]McrosoJNt','ndow UNetCachelContent.OutlookW7PGNZ41Delegatlon Resolutlonfor AI rch2010.d—
I
RESOLUTION NO. 2020-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE
RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY
DURING THE PERIOD COMMENCING MARCH 18, 2020, THROUGH AND
INCLUDING APRIL 6, 2020, OR IN THE EVENT OF A LOCALLY
DECLARED STATE OF EMERGENCY DUE TO COVID-19, UNTIL THE
BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY IS
ABLE TO MEET, AND FURTHER DELEGATING TO THE COUNTY
ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE
ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF
THE COUNTY DURING THE PERIOD COMMENCING MARCH 18, 2020,
THROUGH AND INCLUDING APRIL 6, 2020 OR IN THE EVENT OF A
LOCALLY DECLARED STATE OF EMERGENCY DUE TO COVID-19,
UNTIL THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY IS ABLE TO MEET.
WHEREAS, at the November 5, 2019 Board of County Commissioners meeting, the Board
approved the scheduled Board meetings for 2020, with the last meeting in March, being March 171'
and the first meeting in April, being April 71';
WHEREAS, on March 9, 2020, Governor DeSantis issued Executive Order Number 20-52,
declaring a state of emergency in the State of Florida concerning COVID-19;
WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to
authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of
County Commissioners;
WHEREAS, various letters of credit are posted with the County to, among other things,
guaranty performance or warranty as well as compliance and restoration of sand mines, and many
letters of credit have certain call language requiring a resolution of the Board of County
Commissioners declaring default or failure to post alternate security;
WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of
the Board of County Commissioners to call letters of credit;
WHEREAS, it is necessary to delegate additional signing authority, not previously delegated
by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each
of the County Administrator or his designee;
59
RESOLUTION NO. 2020 -
WHEREAS, pursuant to Resolution No. 2019-55 and section 101.10(1) of The Code of
Indian River County, the Board of County Commissioners delegated to the Indian River County
Administrator, or his designee, the authority: (i) to declare a state of local emergency for Indian River
County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued
Executive Order concerning Emergency Management issued by the Governor of the State of Florida
declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section
252.34 (2) and (4) respectively] exists in Indian River County, to issue orders and rules, including,
without limitation, the ability to issue Emergency Orders for Indian River County, during the period
of the declared emergency, and such delegation in Resolution No. 2019-55 remains in full force and
effect; and
WHEREAS, pursuant to Resolution No. 2019-56, .the Board of County Commissioners
delegated to the Indian River County Administrator or his designee, the authority to execute
resolutions on behalf of the Board to call letters of. credit which might expire or otherwise require
action to be taken during the period of a declared state of local emergency or declared State of Florida
emergency affecting Indian River County, and such delegation in Resolution No. 2019-56 remains in
full force and effect.
NOW, THEREFORE, BE IT RESOLVED BY THE . BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions;
on behalf of the Board of County Commissioners to call letters of credit which might expire or
otherwise require action to be taken during the period commencing March 18, 2020, through and
including April 6, 2020, or in the event of a locally declared state of emergency due to COVID-19,
until the Board of County Commissioners is able to meet. Any resolutions executed by the County
Administrator or his designee, to call letters of credit during the period commencing March 18, 2020,
through and including April 6, 2020, or in the event of a locally declared state of emergency due to
COVID-19, until the Board of County Commissioners is able to meet, are to be accompanied by a
copy of this Resolution.
2. The County Administrator, or his designee, is hereby authorized to execute all documents
necessary to the proper functioning of the County, which may arise during the period commencing
March 18, 2020, through and including April 6, 2020, or in the event of a locally declared state of
emergency due to COVID-19, until the Board of County Commissioners is able to meet, provided
that all such documents signed during such interval are brought to the Board of County
Commissioners for ratification, once the Board of County Commissioners is able to meet, again.
3. The Effective Date of this Resolution is March 18, 2020, and this Resolution shall expire
without further action of this Board at the close of business on April 6, 2020 or in the event of a
locally declared state of emergency due to COVID-19, until the Board of County Commissioners. is
able to meet.
2
1(0,0
RESOLUTION NO. 2020 -
This Resolution was moved for adoption by Commissioner , and the
motion was seconded by Commissioner , and, upon being put to a vote, the vote
was as follows:
Chairman Susan Adams
Vice -Chairman Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
The Chairman thereupon declared this Resolution duly passed and adopted this 17th day of
March, 2020.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
:A
Deputy Clerk
Approved as to form and
legal sufficiency
By
Dylan Reingold, County Attorney
3
Susan Adams, Chairman
i��
Memorandum of Understanding for Animal Shelter Services
This Memorandum of Understanding ("MOU") for providing Animal Shelter Services entered into
xxxxxxxxx, 2020, is by and between the Humane Society Vero Beach & Indian River County,
Florida, Inc. a Florida not for profit corporation, whose address is 6230 77th Street, Vero Beach,
Florida 32967 ("Society") and the Board of County Commissioners of Indian River County, a
political subdivision of the State of Florida whose address is 180127 1h Street, Vero Beach, Florida
32960 ("County").
BACKGROUND RECITALS
WHEREAS, the Contract for providing Animal Shelter/Services for Indian River County,
Florida, entered April 18, 2017, by and between the County and the Society ends on April 30,
2020, with no further obligations of the Society; and
WHEREAS, the County has requested the Society extend the Contract to continue to provide
Animal Shelter Services for a period of six months, commencing on May�1, 2020; and
WHEREAS, the Society does not desire to enter a,Con` tract extension for for Animal
Shelter Services; and
WHEREAS, the Society agrees to`enter a jemporary six-month MOU with the County
commencing on May 1, 2020 for providing Animal Shelter:Services further described herein; and
n and continues to possess
WHEREAS, the Society hereby certifies that it has been granted p
valid, current licenses to�do�busi.ness-in the State,\of Florida and Indian River County, Florida
issued by the -'respective State 413oard_and,G�overnment Agencies responsible for regulating and
licensing'the services to, e provi and`performe �b�y the Society pursuant to the MOU; and
NOW, HEREFORE,` in consideration of the foregoing, and other good and valuable
consideration., the County andt�he Society mutually agree as follows:
The above BackgroundRecitals are,true and correct and are incorporated into this MOU.
AGREEMENT
1.0 SCOPE OF SE\\\RVICES: ) )
The Society hereby gr• s to,,11provide and perform the services required and necessary to
Ser
complete the Scope of vice's and work described herein. The professional services performed
by the Society pursuant to the terms of this agreement shall consist of but not be limited to the
following:
1.1 Animal Sheltering. The Society does hereby agree that it will provide the County
with animal shelter services. The Society agrees to provide the County with
services consistent with nationally recognized current and evidence based best
practices in animal welfare and consistent with public shelter functions. The
Society's animal shelter services include but are not limited to:
I
1.2
a. The housing and care of stray domestic animals for the legal hold period
according to the laws of the State of Florida, Indian River County and/or local
City Ordinance as applicable.
b. The housing and care for domestic animals, when deemed unsuitable for home
confinement, under rabies quarantine for the mandated observation period
according to the laws of the state of Florida.
c. Housing and care for law enforcement and animal cruelty/neglect holds for up to ten
(10) calendar days, after which, the animal becomes the property of the Society
for permanent disposition unless a court order or administrative hearing
finding requires the additional holding of�,animal.
d. Provide lost and found opportunities to the genneral public for domestic animals
brought to the Society. ��
e. Provide for the humane euthaf asia,of domesticanimals, if warranted, once
any and all applicable hold periods are complete, having undertaken the duties
of those of an animal shelter. Ttie County acknowledges that once the legal
hold period for any domestic animal is over, the disposition of that domestic
animal shall be determinedXat�the sole discretion of,theociety and said
disposition shall be in accordance with the laws of the State of Florida, Indian
River County codes and/or local municipal' ordinances where applicable.
Animal Sheltering `riteria. The Society's animal shelter criteria include but is
not limited to: ���� ��
a. Maintain --a suitable and sanitary animal shelter and provide for adequate
housing,area nsistentaiththe"n� ds of the type of animal species typically
impounded by a public animals Iter.
b. Feed,, c re for, ay d dispose of animals coming into the possession of the
Society using`s ife-and humane methods consistent with current and best
practic spin animakwelf6re.
�' �' ' � �'�`X staff i.e. Animal
c. Stray animals impounded, confiscated or recovered by County
Control and/or law /Personnel) that require emergency veterinary
services -for injuries\or illnesses shall immediately be taken directly to an
outside third party veterinary service provider. Animals will not be transported
Xti � � f
to the Society until verified as stable and shall be accompanied by any and all
medical record's, medications, recommendations made by the third -party
veterinary services provider.
d. Pro id`efo the housing of animals obtained from and involved in law
enforcement activities and animal cruelty situations for a period of ten (10)
calendar days. Any housing hereunder for longer periods will be charged to the
County at a rate of $25.00 per day, which is in addition to the cost outlined in
1.3(a). Should the County have need for services beyond basic care and
boarding as part of a law enforcement investigation (i.e., necropsy, bullet
removal, emergency medical care etc.) the County shall seek outside services
from a third -party veterinary service provider.
e. Animals impounded, confiscated or recovered by County staff (i.e. Animal
Control and/or law enforcement personnel) having known owners and/or
caretakers shall be identified as such and all relevant contact information shall
i &q
1.3
be provided to the Society at time of delivery to the Society or as soon as the
information is known to the County.
f. Provide for the shelter facility to be open for public service and operation during
reasonable days and hours of operation and shall make all reasonable
attempts to reunite animals known to be owned prior to adoption, euthanasia
or other alternative release or exit from the facility.
Compensation and Reports. The County agrees to pay the Society as follows
for and in consideration of the services described in this MOU.
a. The County shall pay the Society a flat montt
described herein. The Society evaluated,/Us
typical intake of animals from the County as.
to determine the average cost of care by t�y,
of stay and calculated a monthly flat "`rate
$58,500). When matriculated over�a-twelve
ly fee of $36,000 for the services
ing 2019 animal intake data, the
tray, quarantine, and confiscate
>e of animal and average length
sof $60,000 (rounded up from
12)\month period, the actual cost
for animal sheltering services, specific to those seniices the County is required
to provide pursuant to the/laws of the State of Florida, total approximately
$727,000. The Society recognizes the actual cost\for services is not
customary to what the County has been,,paying for and�as outlined herein.
Therefore, the Society is providingthe County with a 40 o discount for
ed
services provid
b. The Society agre
and/or other sery
with established k
C.
d. Further,
this MO
con eci
^--a resume
e. The Co
and out
be paid
Indian F
the S
1.4 Disaster Relief
Function -with r
disaster area
personnel lshall
�
will be made tha
sMo,provide the County, with a monthly report of animals
ces\provided utilizing a form and format that is consistent
usines`practic s,u` ed,�t� Society.
made monthly to,the Society_ancl within 10 business days
mthly invoice and Animal Control report.
ty shall be entitled to retain as additional compensation for
-service charges, and proceeds collected by the Society in
1pounds, redemiptions, and any other revenue generated as
)U, with the exception of Pet License fees and Citations.
shall manage and maintain the pet license program separately
of this MOU. Fees for pet licensing and/or citations issued shall
\processed directly through the Animal Control Department of
County.
cervices. The Society shall be designated the "Essential Support
spect to any disaster to which the County is included within the
e'signated by a governmental agency. Designated Society
)e included in discussions, EOC responses, whereby decisions
directly impact Society shelter operations and resources.
a. The Society may invoice the County for any costs or expenses, including staff
overtime and equipment purchases and rentals, incurred by the Society, with
respect to additional services provided by the Society in connection with any
such disaster relief effort and which are eligible for reimbursement pursuant
to FEMA Disaster Assistance Policies. This reimbursement request is outside
of the cost of services outlined in 1.3(a). The County shall promptly reimburse
the Society for said costs and expenses, provided the County has received
reimbursement from FEMA. The Society shall provide the County with any
available supporting documentation requested by the County for any funding
or reimbursement request regarding the disaster.
1.5 Mutual Obligations. The Society and the County agree that the County will not
incur any further expenses other than noted herein and in accordance with this
MOU after an animal is turned over to the Society. The County recognizes the
scope of housing services provided by the Society is limited to daily operation and
normal occurrence relating to the lost, stray and/or unwanted pet population in the
County.
a. The County and the Society mutually agree that in extraordinary
circumstances beyond the Scope of Services in this MOU, direction from the
Board of County Commissioners or their designee and members of the
Society's Board of Directors or their designee will be obtained as to resolution
of the unusual event or occurrence/ \\\
b. The County agrees to notify, the Society in advance, when practicable, in
situations whereby a large number of animals-,(d'efined herein as five (5) or
more) may be impounded/confiscated, recovered or otherwise transported to
the Society. Upon receiptof�such advance notice-,`the Society agrees to
assess its current capacity for care and will communicate said capacity to the
County. In circumstances that are not deemed to be emergent, do not pose
an imminent risk to.the health and safety of animals and)or people and
11
whereby the impounding of a large number of animals will exceed the
Society's capacity\or ca e the County agrees to formulate a plan with the
Society to accommodate, over a period of'time, the intake of the large number
of animalsor seek and implement solution�to mitigate/reduce the existence
of the large number of�animals,,over-said period-of time. The County and the
Society further agree to seek.alternative soutions for keeping people and pets
together when deemed practicable and legally appropriate.
c. The Society adrees-to not formulate and/or create an internal TNVR program
as a paft of't�his..MOU..
-�� t `-.
d. The,
he County and the Society mutually agree to designate a minimum of one
senor level staff member who will serve as their respective organization's
liaison and\will endeavor to meet and confer on a monthly basis during the
term of this MOU.
This section intentionally left blank
4
IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have
executed this Memorandum of Understanding (MOU).
Humane Society of Vero Beach
& Indian River County, Inc.
Signal
Autho
Date:
Indian, River County
of County Supervisors
6--7