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HomeMy WebLinkAbout05/05/2015 (3) BOARD OF COUNTY COMMISSIONERS ER INDIAN RIVER COUNTY, FLORIDA OG• COMMISSION AGENDA 1.1 * TUESDAY,MAY 5,2015-9:00 A.M. Commission Chambers Indian River County Administration Complex Qjtj�� 1801 27th Street,Building A Vero Beach,Florida,32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S.Davis,Chairman District 1 Joseph A. Baird,County Administrator Bob Solari,Vice Chairman District 5 Dylan Reingold,County Attorney Joseph E.Flescher District 2 Jeffrey R. Smith,Clerk of the Circuit Peter D.O'Bryan District 4 Court and Comptroller Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating May 3 - 9, 2015, as Public Service Recognition Week in Indian River County 1 B. Presentation of Proclamation Designating the Week of May 3 through May 9,2015, as National Correctional Officers and Employees Week 2 C. Presentation of Proclamation Recognizing May 10 through 16, 2015, as National Police Week 3 May 5,2015 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE D. Presentation of Proclamation Recognizing May as Bike Month and May 11 — 15, 2015, as Bike to Work Week 4 E. Presentation of Proclamation Designating the Month of May, 2015, as Water Safety Month 5 6. APPROVAL OF MINUTES A. Regular Meeting of April 7, 2015 B. Regular Meeting of April 14, 2015 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Amendment of Temporary License Agreement for Transit Hub (memorandum dated April 28, 2015) 6-9 8. CONSENT AGENDA A. Approval of Warrants—April 10, 2015 to April 16, 2015 (memorandum dated April 16, 2015) 10-19 B. Approval of Warrants—April 17, 2015 to April 23, 2015 (memorandum dated April 23, 2015) 20-27 C. Quarterly Investment Report for Quarter Ending 03/31/2015 (memorandum dated April 24, 2015) 28-40 D. Quarterly OPEB Trust Report for Quarter Ending 03/31/2015 (memorandum dated April 24, 2015) 41-43 E. Change in Investment Policy (memorandum dated April 24, 2015) 44-52 F. Memorandum of Lease with Capstar Radio Operating Company for Old Dixie WAXE Tower (memorandum dated April 20,2015) 53-60 G. Resolution Canceling Taxes on Properties Acquired by the City of Fellsmere for the Benefit of the Municipal Water System (memorandum dated April 16, 2015) 61-67 H. Miscellaneous Budget Amendment 13 (memorandum dated April 28, 2015) 68-70 May 5,2015 Page 2 of 7 8. CONSENT AGENDA PAGE I. Adoption of a Resolution Requesting an Easement from the State of Florida for Construction of the Trans-Central Florida Rail Trail through the St. Sebastian Preserve State Park (memorandum dated Apri123, 2015) 71-79 J. Lease Extension, Little Mermaid Car Wash, 1935 43rd Avenue, 43rd Avenue/SR60 Intersection Widening and Improvements, Timothy E. and Joshana Tynes (memorandum dated April 16, 2015) 80-86 K. Approval to Replace Two (2) Trimble GPS Units for Emergency Services 911 mapping from GPServ, Inc. (memorandum dated April 16, 2015) 87-89 L. Work Order No. 4, Kimley-Horn & Associates, Inc., 37th Street (US1 to Indian River Boulevard) 5-Laning, IRC Project No. 1230 (memorandum dated April 23, 2015) 90-96 M. F.D.O.T. 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 125th Avenue to I-95 —IRC Project No. 1304, FM No. 433066- 1-58-01 (memorandum dated April 10, 2015) 97-120 N. Award of Bid No. 2014049, Aviation Boulevard/20th Avenue Intersection Improvements, IRC Project No. 1422 (memorandum dated April 15, 2015) 121-131 O. Work Order No. 1 — Southeastern Surveying and Mapping Corporation, 58th Avenue (57th Street to CR 510) Topographic Design Survey, IRC Project No. 1325 (memorandum dated Apri120, 2015) 132-139 P. Work Order No. 2 — Kimley-Horn and Associates, Inc., Indian River Boulevard Sidewalk (37th Street to 53rd Street) Topographic Design Survey, IRC Project No. 1415 (memorandum dated April 9,2015) 140-148 Q. Work Order No. 3 — Carter Associates, Inc., 49th Street (58th Avenue to 31St Avenue) Topographic Design Survey, IRC Project No. 1414 (memorandum dated April 9, 2015) 149-159 May 5,2015 Page 3 of 7 8. CONSENT AGENDA PAGE R. Work Order No. 2 — Masteller, Moler & Taylor, Inc. (formerly Masteller, Moler, Reed & Taylor, Inc.), 69th Street left turn lane at U.S. Highway No. 1 Topographic Design Survey, IRC Project No. 1360 (memorandum dated April 21,2015) 160-167 S. HUD Grant Renewals for Homeless Management Information System (HMIS) and Continuum of Care (CoC) Program (memorandum dated April 28, 2015) 168-173 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Sheriff Dervl Loar Department of Homeland Security Operation Stonegarden Grant (letter dated April 24, 2015) 174-182 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Request for Authorization to Submit an FY 2015 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance (memorandum dated April 24, 2015) 183-192 Administrative B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Dan Lamson, Indian River Neighborhood Association, Regarding Indian River County's All Aboard Florida Lawsuit 193 2. Request to Speak from Anna Garramone, President, St. Christopher Harbor Home Owner's Association, Regarding Head Island Restoration Project 194 3. Request to Speak from Patricia Hunt Regarding New Public Cameras in Public Building, Documented,Etc. 195 C. PUBLIC NOTICE ITEMS None May 5,2015 Page 4 of 7 11. COUNTY ADMINISTRATOR MATTERS PAGE None 12. DEPARTMENTAL MATTERS A. Community Development 1. Consideration of Draft Parking Regulations for Vacation Rentals (memorandum dated April 23,2015) 196-230 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 1. FEMA Project Worksheet De-Obligations and Appeals for Hurricanes Frances and Jeanne and Miscellaneous Budget Amendment 014 (memorandum dated April 27, 2015) 231-249 2. Quarterly Budget Report (memorandum dated April 27, 2015) 250-260 F. Public Works None May 5,2015 Page 5 of 7 12. DEPARTMENTAL MATTERS PAGE G. Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Declaring unaddressed strip parcels to the north of 4465 28th Avenue and west of 1305 34th Avenue, Vero Beach, to be unbuildable and the parcel located at 116 N. Hickory Street, Fellsmere to be surplus (memorandum dated April 28, 2015) 261-268 B. State of Florida 2015 Regular Legislative Session Review (memorandum dated April 29, 2015) 269-277 C. City of Vero Beach-Indian River Shores-Indian River County Mediation Update (memorandum dated April 27, 2015) 278 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Bob Solari,Vice Chairman None C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O'Bryan None E. Commissioner Tim Zorc 1. Indian River Lagoon Council Membership Consideration Agenda Item (memorandum dated April 29,2015) 279 2. Fire Station Planning and Other Fire District Related Topics (memorandum dated April 29, 2015) 280 May 5,2015 Page 6 of 7 15. SPECIAL DISTRICTS AND BOARDS PAGE A. Emereencv 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. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. May 5,2015 Page 7 of 7 PROCLAMATION v 5,,, DESIGNATING MAY 3 - 9, 2015 AS PUBLIC SERVICE RECOGNITION WEEK IN INDIAN RIVER COUNTY WHEREAS, public employees at the federal, state, and local levels conduct the public's business and perform essential services; and WHEREAS, public employees improve our quality of life through their efforts in many fields, including education, emergency management, public safety, transportation, natural resources, health and national defense; and WHEREAS, public employees dedicate themselves to the continuous improvement of the quality of life for Floridians, and many, including military personnel, police officers. firefighters. health care practitioners, and others risk their lives everyday in public service; and WHEREAS, the efficiency and effectiveness of government depends on public employees ensuring government services are accessible and responsive to the diverse needs of residents; and WHEREAS, the Indian River County Board of County Commissioners recognizes the dedication, talents, and contributions made by public employees working in all levels of government; and WHEREAS, the Indian River County Board of County Commissioners appreciates the dedication, talents, and contributions of County employees who, by their example of achievements, are focusing on the highest standards of customer service. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of May 3 - 9, 2015 be observed as Public Service Recognition Week and encourage all Indian River County residents to recognize the men and women who serve at all levels of government for the betterment of our great County, State and Nation. Adopted this 5th day of May, 2015. BOARD OF COUNTY COMMISSIONERS IND N RIVER COUNTY, FLORIDA - (1____.----..--_ OVER Wesley S. Davis, Chairman 17‘ --- ',._19-g- ' CYO -e61-A,i- '0 '� Bob Solari, Vice Chairman f ' • 7.-4111 :e .__:__YA1ZoRro .syph E. lescher 1 ....)15 lz z "try- Pe/ eter D. O'B n Tim Zorc ., 1 PROCLAMATION 58 DESIGNATING THE WEEK OF MAY 3 THROUGH MAY 9, 2015, AS National Correctional Officers and Employees Week WHEREAS, in 1984, President Ronald Reagan signed Proclamation 5187 creating "National Correctional Officers Week". In 1996, the U.S. Senate officially changed the name of the week to "National Correctional Officers and Employees Week". The first full week in May is recognized as National Correctional Officers and Employees Week to honor the work of correctional officers and correctional personnel nationwide. National Correctional Officers and Employees Week has been declared as May 3 - 9, 2015; and WHEREAS, Indian River County's staff of Correctional Officers, Nurses, Civilian Correction Assistants, and support staff serve in an increasingly complex and demanding profession and work in a correctional environment where they are called upon to fill simultaneously, custodial, supervisory, and counseling roles. They are responsible for the custody, safety, and well-being of the inmates within Indian River County; and WHEREAS, in today's profession, Correctional Officers and correctional personnel are well trained, work under demanding circumstances, and face danger in their daily lives; and WHEREAS, the work of Correctional Officers and correctional personnel comes with a huge responsibility to maintain public safety as well as to help inmates develop the skills necessary to become productive members of society; and WHEREAS, Correctional Officers and correctional personnel deserve our show of support, as we utilize this week to honor their hard work, professionalism, dedication, and courage throughout the performance of their demanding and often conflicting roles and efforts to protect public safety. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of May 3 through May 9, 2015, be designated as National Correctional Officers and Employees Week in Indian River County. Adopted this 5th day of May, 2015. BOARD OF COUNTY COMMISSIONERS INDI RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman C Bob Solari, Vice Chairman Peter D. O'Bryan J• eph Zlescher Tim Zor 2 PROCLAMATION 5C. RECOGNIZING MAY 10 THROUGH 16, 2015 AS NATIONAL POLICE WEEK WHEREAS, there are more than 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Indian River County Sheriff's Office and Indian River County municipal police departments; and WHEREAS, in 1962, President John F. Kennedy signed a proclamation which designated May 15th as National Peace Officers Memorial Day, and the week in which that date falls as National Police Week; and WHEREAS, on average, one law enforcement officer is killed in the line of duty somewhere in the United States every 58 hours. Since the first known line-of-duty death in 1791, more than 20,000 U.S. law enforcement officers have made the ultimate sacrifice; and WHEREAS, a total of 1,501 law enforcement officers died in the line of duty in the past 10 years, or 150 per year. 125 law enforcement officers died in the line of duty in 2014; and WHEREAS, the National Law Enforcement Officers Memorial Fund honors and remembers those recently fallen law enforcement officers who have paid the ultimate price and given their lives to protect and serve; and WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during a Wreath Placement Ceremony on the morning of May 11 at the Indian River County Courthouse. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that May 10-16, 2015, is recognized as National Police Week in honor of the service of law enforcement officers in our community and communities across the nation, and May 15 is recognized as Peace Officers Memorial Day in honor of all fallen officers and their families, and U.S. flags should be flown at half-staff. Adopted this 5th day of May, 2015. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA rr Wesley S. Davis, Chairman Bola lari, Vice Chairma ; , / (.(2. * Peter O'Bryan loRroA /J �eph . Flescher Tim Zorc 3 PROCLAMATION .4 Recognizing May as Bike Month and May 11-15, 2015 as Bike to Work Week WHEREAS, since the mid-1800's, bicycles have been important for transportation, physical fitness and recreation for Americans across all regions and demographic groups; and WHEREAS, many Indian River County citizens and visitors bicycle for transportation, physical fitness, and recreation throughout the year; and WHEREAS, educating both cyclists and motorists about correct, safe operation of bicycles and motor vehicles is crucial for everyone's safety and comfort; and WHEREAS, the Indian River County Metropolitan Planning Organization Bicycle Advisory Committee, cycling organizations, and independent cyclists throughout Indian River County and the State of Florida are promoting greater public awareness of bicycle operation and safety education in an effort to reduce accidents, injuries and fatalities; and WHEREAS, May is National Bike Month, and May 11-15, 2015 is National Bike to Work Week. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that May be designated as BIKE MONTH and May 11-15, 2015 be designated as BIKE TO WORK WEEK in Indian River County. Adopted this 5th day of May, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA % / ,1 . ell% ��Wesley S. Davi , Chairman C, Bob olari, Vice Chairman * . kg) ;#"1 (f_,/,, ,Lrc--3.,,-,1-- eter D. O'Bryan "()RID * c O .0st , _ . eph escFier Tim Zor (5 PROCLAMATION ‘fr DESIGNATING THE MONTH OF MAY, 2015, AS WATER SAFETY MONTH WHEREAS, citizens of Indian River County recognize the vital role that swimming and aquatic related activities play towards promoting physical and mental health and enhancing the quality of life for all people; and WHEREAS, Indian River County is aware of the contributions made by the recreational water industry, as represented by the organizations involved in the National Water Safety Month Coalition in developing safe swimming facilities, which contributes to the quality of life in our community; and WHEREAS, Indian River County applauds the efforts of the Rotary Club of Vero Beach Oceanside to educate hundreds of preschool children on water safety through the "Josh the Otter" program; and WHEREAS, the citizens of Indian River County understand the vital importance of communicating Water Safety rules and programs to families and individuals of all ages, whether owners of private pools, users of public swimming facilities, or visitors to water parks. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of May, 2015. be designated as Water Safety Month in Indian River County. Adopted this 5th day of May, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA -�- Wesley S. Davis, Chairman Bob.Solari, Vice Chaircn 110 '"4 P: 0B::er ter D. ' 9ORIjJA J Tim Zorc= Informational Matters-B.C.C. 5.5.15 bataNTR- 6.1. aOffice of the 411., INDIAN RIVER COUNTY 4C..___XoRlpt. ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold County Attorney DATE: April 28, 2015 SUBJECT: Amendment of Temporary License Agreement for Transit Hub At the Board of County Commission Meeting of April 14, 2015, the Board approved an Interlocal Agreement with the City of Vero Beach on the Dodgertown Golf Course. As a part of that agreement, the City of Vero Beach agreed to Extend the Temporary License Agreement for Use of Vero Beach Municipal Airport Property for two (2) additional years, from the current termination date of May 7, 2015 to May 7, 2017, or whenever the permanent Transit Hub facilities are finalized and available at the 16th Street, Vero Beach location, whichever is earlier. It was requested at the meeting that the Chairman be authorized to execute any documents necessary to effectuate the Interlocal Agreement. The City of Vero Beach executed the extension on April 24, 2015, and submitted the agreement for execution by Indian River County, and the Chairman executed the amendment. Attached for your information is the completed Amendment of Temporary License Agreement for Use of the Vero Beach Municipal Airport Property. APPROVED FOR MAY 5, 2015 Indian River Co Approved Date B.C.C.MEETING-INFORMATIONAL ITEMS Administrator r5„ /Legal Budget ATTORNEY Risk Mgr. - - 6 AMENDMENT OF TEMPORARY LICENSE AGREEMENT FOR USE OF VERO BEACH MUNICIPAL AIRPORT PROPERTY This Amendment of Temporary License Agreement for Use of Vero Beach Municipal Airport Property, hereinafter "Amendment," is hereby entered into as of the ;31 day of R.61 .-4,1' , 2015, "Effective Date," by the CITY OF VERO BEACH, FLORIDA, a Florida municipal corporation, whose mailing address is Post Office Box 1389, Vero Beach, Florida 32961-1389, hereinafter "Licensor," to the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter "Licensee," to allow Licensee to continue to occupy, maintain, and utilize a designated portion of City Municipal Airport property situated in the State of Florida, County of Indian River, and City of Vero Beach, pursuant to the Temporary License Agreement for Use of Vero Beach Municipal Airport Property dated May 7, 2013, "Agreement," attached hereto as Exhibit A, and incorporated herein by reference,under the terms and conditions listed below. In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor and Licensee agree as follows: 1. Licensee has requested an amendment to extend Licensee's Agreement for two (2) additional years,from May 7,2015 to May 7,2017 or whenever permanent Transit Hub facilities are completed and put into service, whichever is earlier, unless the Agreement, as amended, is terminated or further modified according to the terms and provisions contained within the Agreement, as amended. This Amendment is expressly conditioned upon Licensor's execution of the documents described at items C 1) through C 4) of the Interlocal Agreement between Licensee and [censor related to Licensor's Dodgertown nine-hole golf course property, entered into on the I day of 1 i& , 2015. If said documents are not executed by Licensee and delivered to Licensor within�ee (3) months of the effective date of said Interlocal Agreement, this Amendment provided for herein shall terminate. 2 . Licensor hereby grants to Licensee the requested extension outlined in paragraph 1,as conditioned_above, and,except as expressly amended by the foregoing,the terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the authorized representatives of the parties hereto have executed this Agreement on the date first above written. [SIGNATURE PAGES TO FOLLOW] Page 1 of 3 N:\Client Does\Airport\L.icensrs\2015.Amendment of Transit Hub.Tcmporary License.GoLine Hub3.12.2015.docx 7 A I hST: LICEAiSOR • khh'OF VERO BEACH): )i)r-rmii Tammy K.,Vo4k Richard G. Winger City Clerk Mayor (� Date signed: % -2 Y- r [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER r� The foregoing instrument was acknowledged before me this day of , 2015, on behalf of the City of Vero Beach, Florida by Richard G. Winger, as Mayor, and attested by Tammy K. Vock, as City Clerk,of the City of Vero Beach,Florida. Both are personally known to me. ,, : SHERRI�r+ILo NOTARY PUBLIC =,: �n COM611SSK EE2220ti6 Commission No.: `„ ., EXPIRES:December 3,2016 " �h,. Bonded TM,Notary Pudic Under Biters My Commission Expires: Approved as to form and legal Approved as conforming to municipal sufficiency: policy: I 614 joiSk / I Wa - ". Coment i James R. O'Connor City •rney City Manager Approved as to technical requirements: 4441/1"e---- Ericson W.Menger Airport Director Page 2 of 3 rY:\Client Docs\Airport\L.icenses12015.Amendment of Transit Hub.Temporary License.GoLine Hub.3.I 2.2015.docx 8 LICENSEE(BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA): A1TEST: . i►uiIS+., 'Ill C 00,1;t i, 1 C' (' G� � „ i C:' & 1b %it It JeffreyR. Smith WesleyS.Davis,Chairman • ' t;a! Clerk of Courtctoll ° (r;; rW V% • �,`yR Viit C�VN f [SEAL] Approved as to form and legal sufficiency: an Reingold County Attorney Approved: C0,0 i; 41- (2§::a /27) ose h A. P Baird County Administrator STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this £8 7 day of Y/ / , 2015, on behalf of the Board of County Commissioners of Indian River County,Florida by Wesley Davis, as Chairman, and attested by Jeffrey R. Smith, as Clerk of the Court. Both are personally known to me. , j �1��1N1NINostoti�� i NOTARY ' :LIC�loi .... f"y'#A t D z*i% A'��: Commission No.: rSyS z „. �'*_: My Commission Expires: //j,// {5 f ,�S ►FF :al '14//iii/glattiO‘ Page 3 of 3 N:1Client Docs\Airport\Licenses120IS.Amendment of Transit Hub.Temporary License.GoLine Hub.3.12.2015.docx 9 EFF comp, ?rl JEFFREY R. SMITH, CPA, CGFO, CGMA omp Clerk of Circuit Court&Comptroller 4 eoo, Finance Department 34 +) 1801 27th Street q Vero Beach,FL 32960 , .► TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIREC •R THRU: JEFFREY R. SMITH, COMPTROLLER ftte/ DATE: April 16, 2015 SUBJECT: APPROVAL OF WARRANTS April 10, 2015 to April 16, 2015 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of April 10, 2015 to April 16, 2015. Attachment: DB: MS 10 ELECTRONIC PAYMENTS - CHECKS TRANS NBR DATE VENDOR AMOUNT 324871 4/9/2015 RDW QUALITY BUILDERS LLC 28,710.00 324872 4/16/2015 UTIL REFUNDS 257.14 324873 4/16/2015 UTIL REFUNDS 35.88 324874 4/16/2015 UTIL REFUNDS 75.16 324875 4/16/2015 UTIL REFUNDS 66.80 324876 4/16/2015 UTIL REFUNDS 44.83 324877 4/16/2015 UTIL REFUNDS 3.33 324878 4/16/2015 UTIL REFUNDS 70.33 324879 4/16/2015 UTIL REFUNDS 2.87 324880 4/16/2015 UTIL REFUNDS 29.57 324881 4/16/2015 UTIL REFUNDS 60.41 324882 4/16/2015 UTIL REFUNDS 26.78 324883 4/16/2015 UTIL REFUNDS 4.93 324884 4/16/2015 UTIL REFUNDS 56.02 324885 4/16/2015 UTIL REFUNDS 35.74 324886 4/16/2015 UTIL REFUNDS 122.52 324887 4/16/2015 UTIL REFUNDS 12.80 324888 4/16/2015 UTIL REFUNDS 40.90 324889 4/16/2015 UTIL REFUNDS 65.51 324890 4/16/2015 UTIL REFUNDS 58.40 324891 4/16/2015 UTIL REFUNDS 33.41 324892 4/16/2015 UTIL REFUNDS 53.26 324893 4/16/2015 UTIL REFUNDS 57.35 324894 4/16/2015 UTIL REFUNDS 79.85 324895 4/16/2015 UTIL REFUNDS 32.73 324896 4/16/2015 UTIL REFUNDS 42.88 324897 4/16/2015 UTIL REFUNDS 14.72 324898 4/16/2015 UTIL REFUNDS 92.53 324899 4/16/2015 UTIL REFUNDS 113.81 324900 4/16/2015 UTIL REFUNDS 13.31 324901 4/16/2015 UTIL REFUNDS 80.69 324902 4/16/2015 UTIL REFUNDS 19.27 324903 4/16/2015 UTIL REFUNDS 61.70 324904 4/16/2015 UTIL REFUNDS 40.33 324905 4/16/2015 UTIL REFUNDS 42.68 324906 4/16/2015 UTIL REFUNDS 15.81 324907 4/16/2015 UTIL REFUNDS 21.28 324908 4/16/2015 UTIL REFUNDS 45.73 324909 4/16/2015 UTIL REFUNDS 47.88 324910 4/16/2015 UTIL REFUNDS 67.27 324911 4/16/2015 UTIL REFUNDS 79.90 324912 4/16/2015 UTIL REFUNDS 77.63 324913 4/16/2015 UTIL REFUNDS 55.13 324914 4/16/2015 UTIL REFUNDS 73.78 324915 4/16/2015 UTIL REFUNDS 28.00 324916 4/16/2015 UTIL REFUNDS 81.48 324917 4/16/2015 UTIL REFUNDS 32.32 324918 4/16/2015 UTIL REFUNDS 32.79 324919 4/16/2015 UTIL REFUNDS 84.63 324920 4/16/2015 UTIL REFUNDS 45.51 324921 4/16/2015 UTIL REFUNDS 9.97 324922 4/16/2015 UTIL REFUNDS 41.04 324923 4/16/2015 UTIL REFUNDS 46.02 324924 4/16/2015 UTIL REFUNDS 37.95 324925 4/16/2015 UTIL REFUNDS 39.58 324926 4/16/2015 UTIL REFUNDS 180.93 324927 4/16/2015 UTIL REFUNDS 201.16 324928 4/16/2015 UTIL REFUNDS 30.17 11 1 TRANS NBR DATE VENDOR AMOUNT 324929 4/16/2015 UTIL REFUNDS 42.19 324930 4/16/2015 UTIL REFUNDS 15.66 324931 4/16/2015 UTIL REFUNDS 65.69 324932 4/16/2015 UTIL REFUNDS 36.88 324933 4/16/2015 UTIL REFUNDS 36.92 324934 4/16/2015 UTIL REFUNDS 8.41 324935 4/16/2015 UTIL REFUNDS 11.97 324936 4/16/2015 UTIL REFUNDS 38.72 324937 4/16/2015 UTIL REFUNDS 56.70 324938 4/16/2015 UTIL REFUNDS 48.12 324939 4/16/2015 UTIL REFUNDS 40.41 324940 4/16/2015 UTIL REFUNDS 81.48 324941 4/16/2015 UTIL REFUNDS 9.41 324942 4/16/2015 UTIL REFUNDS 58.12 324943 4/16/2015 UTIL REFUNDS 63.81 324944 4/16/2015 UTIL REFUNDS 66.40 324945 4/16/2015 UTIL REFUNDS 64.89 324946 4/16/2015 UTIL REFUNDS 27.31 324947 4/16/2015 UTIL REFUNDS 146.35 324948 4/16/2015 UTIL REFUNDS 30.96 324949 4/16/2015 UTIL REFUNDS 28.52 324950 4/16/2015 UTIL REFUNDS 25.53 324951 4/16/2015 UTIL REFUNDS 11.64 324952 4/16/2015 UTIL REFUNDS 7.86 324953 4/16/2015 UTIL REFUNDS 52.62 324954 4/16/2015 UTIL REFUNDS 68.41 324955 4/16/2015 UTIL REFUNDS 45.06 324956 4/16/2015 UTIL REFUNDS 87.80 324957 4/16/2015 UTIL REFUNDS 56.54 324958 4/16/2015 UTIL REFUNDS 27.19 324959 4/16/2015 UTIL REFUNDS 51.08 324960 4/16/2015 UTIL REFUNDS 48.02 324961 4/16/2015 CLEMENTS PEST CONTROL 580.00 324962 4/16/2015 CLEMENTS PEST CONTROL 320.00 324963 4/16/2015 PORT CONSOLIDATED INC 40,152.95 324964 4/16/2015 JORDAN MOWER INC 814.93 324965 4/16/2015 TEN-8 FIRE EQUIPMENT INC 7,220.62 324966 4/16/2015 RANGER CONSTRUCTION IND INC 547.30 324967 4/16/2015 VERO CHEMICAL DISTRIBUTORS INC 191.70 324968 4/16/2015 RICOH USA INC 611.01 324969 4/16/2015 CHISHOLM CORP OF VERO 2,784.10 324970 4/16/2015 VELDE FORD INC 3,321.05 324971 4/16/2015 STEWART MATERIALS INC 515.75 324972 4/16/2015 AT&T WIRELESS 1,407.46 324973 4/16/2015 AT&T WIRELESS 3,023.02 324974 4/16/2015 PARALEE COMPANY INC 400.00 324975 4/16/2015 E-Z BREW COFFEE&BOTTLE WATER SVC 41.48 324976 4/16/2015 GRAINGER 13.79 324977 4/16/2015 KELLY TRACTOR CO 527.68 324978 4/16/2015 REPUBLIC SERVICES INC 915.78 324979 4/16/2015 QUALITY BOOKS INC 106.28 324980 4/16/2015 AMERIGAS EAGLE PROPANE LP 1,003.38 324981 4/16/2015 HACH CO 559.45 324982 4/16/2015 HICKMANS BRAKE&ALIGNMENT 177.00 324983 4/16/2015 LFI FORT PIERCE INC 302.80 324984 4/16/2015 PHYSIO CONTROL INC 524.79 324985 4/16/2015 ROWMAN&LITTLEFIELD PUBLISHING GROUP INC 81.70 324986 4/16/2015 HD SUPPLY WATERWORKS,LTD 1,585.30 324987 4/16/2015 BOUND TREE MEDICAL LLC 963.59 324988 4/16/2015 PETES CONCRETE 1,200.00 12 2 TRANS NBR DATE VENDOR AMOUNT 324989 4/16/2015 VERO INDUSTRIAL SUPPLY INC 91.97 324990 4/16/2015 VERO FURNITURE MART 4,185.00 324991 4/16/2015 ACE PLUMBING INC 174.95 324992 4/16/2015 OXFORD UNIVERSITY PRESS 113.40 324993 4/16/2015 BFS RETAIL OPERATIONS LLC 1,329.94 324994 4/16/2015 DELL MARKETING LP 1,688.13 324995 4/16/2015 XEROX CORP SUPPLIES 8.54 324996 4/16/2015 GENERAL PART INC 5,154.01 324997 4/16/2015 GOODYEAR AUTO SERVICE CENTER 578.48 324998 4/16/2015 BAKER&TAYLOR INC 908.11 324999 4/16/2015 BRANDTS APPLIANCE SERVICE INC 89.00 325000 4/16/2015 MIDWEST TAPE LLC 289.03 325001 4/16/2015 PRECISION CONTRACTING SERVICES INC 32,491.75 325002 4/16/2015 MICROMARKETING LLC 170.92 325003 4/16/2015 ENCORE BROADCAST EQUIPMENT SALES 5,357.81 325004 4/16/2015 PALM TRUCK CENTERS INC 2,596.54 325005 4/16/2015 GRACES LANDING LTD 48.00 325006 4/16/2015 LINDSEY GARDENS LTD 475.00 325007 4/16/2015 CITY OF VERO BEACH 19,936.26 325008 4/16/2015 FLORIDA DEPARTMENT OF BUSINESS AND 8,759.53 325009 4/16/2015 PETTY CASH 47.47 325010 4/16/2015 FLORIDA GOVERNMENT FINANCE 23.00 325011 4/16/2015 FLORIDA FISH&WILDLIFE 8,061.97 325012 4/16/2015 WAL MART STORES EAST LP 30.64 325013 4/16/2015 SAN MARCO INT'L INC 21.25 325014 4/16/2015 MARRIOTT FT LAUDERDALE NORTH 104.00 325015 4/16/2015 ACUSHNET COMPANY 114.66 325016 4/16/2015 CULTURAL COUNCIL OF IRC 15,069.49 325017 4/16/2015 AQUAGENIX 650.00 325018 4/16/2015 FLORIDA WATER&POLLUTION CONTROL 130.00 325019 4/16/2015 FLORIDA WATER&POLLUTION CONTROL 160.00 325020 4/16/2015 EXCHANGE CLUB CASTLE 6,816.63 325021 4/16/2015 GEOSYNTEC CONSULTANTS INC 302.25 325022 4/16/2015 IRC CHAMBER OF COMMERCE 42,215.50 325023 4/16/2015 FEDERAL EXPRESS CORP 31.35 325024 4/16/2015 FEDERAL EXPRESS CORP 42.52 325025 4/16/2015 FEDERAL EXPRESS CORP 44.04 325026 4/16/2015 DON LAWLESS 60.00 325027 4/16/2015 TIMOTHY ROSE CONTRACTING INC 392,997.85 325028 4/16/2015 CALLAWAY GOLF SALES COMPANY 1,689.05 325029 4/16/2015 SUBSTANCE AWARENESS COUNCIL OF IRC INC 560.00 325030 4/16/2015 FLORIDA POWER AND LIGHT 11,123.77 325031 4/16/2015 MELECH BERMAN 1,000.00 325032 4/16/2015 PUBLIC DEFENDER 4,375.92 325033 4/16/2015 TAYLOR MADE GOLF CO INC 25.48 325034 4/16/2015 IRC HOUSING AUTHORITY 435.00 325035 4/16/2015 STATE ATTORNEY 200.00 325036 4/16/2015 CITY OF FELLSMERE 216.60 325037 4/16/2015 NEW HORIZONS OF THE TREASURE COAST 23,229.50 325038 4/16/2015 US KIDS GOLF LLC 374.88 325039 4/16/2015 LANGUAGE LINE SERVICES INC 476.72 325040 4/16/2015 STRUNK FUNERAL HOMES&CREMATORY 425.00 325041 4/16/2015 JOSEPH A BAIRD 350.00 325042 4/16/2015 GERALD A YOUNG SR 90.00 325043 4/16/2015 ALAN C KAUFFMANN 160.00 325044 4/16/2015 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 10.56 325045 4/16/2015 LINE GAGNON 24.92 325046 4/16/2015 COMCAST 102.85 325047 4/16/2015 COMCAST 102.85 325048 4/16/2015 NABORS GIBLIN&NICKERSON PA 15,000.00 13 3 TRANS NBR DATE VENDOR AMOUNT 325049 4/16/2015 FIRST SOUTHWEST COMPANY 24,532.53 325050 4/16/2015 BRIDGE DESIGN ASSOCIATES INC 7,488.00 325051 4/16/2015 PINNACLE GROVE LTD 500.00 325052 4/16/2015 C&C ELECTRIC WORKS INC 3,983.00 325053 4/16/2015 RUSSELL PAYNE INC 714.00 325054 4/16/2015 CELICO PARTNERSHIP 1,803.56 325055 4/16/2015 JEAN PETERS 130.00 325056 4/16/2015 FLORIDA DEPT OF JUVENILE JUSTICE 20,200.96 325057 4/16/2015 VAN WAL INC 447.00 325058 4/16/2015 JOSEPH W VASQUEZ 120.00 325059 4/16/2015 OCLC ONLINE COMPUTER LIBRARY CENTER 397.67 325060 4/16/2015 TURQUOISE TAYLOR 50.00 325061 4/16/2015 CENTRAL PUMP&SUPPLY INC 37.56 325062 4/16/2015 MCMAHON ASSOCIATES INC 1,616.80 325063 4/16/2015 ETR LLC 98.00 325064 4/16/2015 STAPLES CONTRACT&COMMERCIAL INC 487.13 325065 4/16/2015 BILL BRESSETT 40.00 325066 4/16/2015 JOHN DEERE LANDSCAPES 318.21 325067 4/16/2015 JOSE RIVERA 80.00 325068 4/16/2015 KENNY CAMPBELL JR 160.00 325069 4/16/2015 PAK MAIL 42.45 325070 4/16/2015 JOHNNY B SMITH 100.00 325071 4/16/2015 CHARLES A WALKER 140.00 325072 4/16/2015 JACE CHANDLER&ASSOCIATES INC 850.00 325073 4/16/2015 FISHER&PHILLIPS LLP 450.00 325074 4/16/2015 BRIAN FREEMAN 31.15 325075 4/16/2015 LAZY J LLC 308.00 325076 4/16/2015 ANTHONY STEWART 600.00 325077 4/16/2015 TREASURE COAST FOOD BANK INC 198.07 325078 4/16/2015 DANA SAFETY SUPPLY INC 889.86 325079 4/16/2015 JILL WILLIAMS 12.30 325080 4/16/2015 SCOTT NEWKIRK 13.35 325081 4/16/2015 MARINCO BIOASSAY LABORATORY INC 2,020.00 325082 4/16/2015 K'S COMMERCIAL CLEANING 1,555.00 325083 4/16/2015 TRITEL INC 49.50 325084 4/16/2015 THE SPIVEY GROUP INC 2,250.00 325085 4/16/2015 YAMAHA GOLF CAR COMPANY 48.35 325086 4/16/2015 INEOS NEW PLANET BIOENERGY LLC 80.74 325087 4/16/2015 WOERNER DEVELOPMENT INC 96.50 325088 4/16/2015 HERITAGE CRYSTAL CLEAN INC 35.28 325089 4/16/2015 BOULEVARD TIRE CENTER 487.36 325090 4/16/2015 JANCY PET BURIAL SERVICE INC 148.75 325091 4/16/2015 SAFETY SCHELL CORPORATION 246.48 325092 4/16/2015 JOSEPH CATALANO 60.00 325093 4/16/2015 OVERDRIVE INC 1,835.61 325094 4/16/2015 RAYMOND J DUCHEMIN 140.00 325095 4/16/2015 CIT FINANCE LLC 186.21 325096 4/16/2015 GEOCOVE INC 6,000.00 325097 4/16/2015 KEITH GROCHOLL 60.00 325098 4/16/2015 ORLANDO FREIGHTLINER INC 181.23 325099 4/16/2015 SOUTHEASTERN SECURITY CONSULTANTS INC 518.00 325100 4/16/2015 MILNER DISTRIBUTION ALLIANCE 516.89 325101 4/16/2015 REPROGRAPHIC SOLUTIONS INC 10.08 325102 4/16/2015 BRYAN KLASSEN 450.00 325103 4/16/2015 LOWES HOME CENTERS INC 1,448.48 325104 4/16/2015 LABOR READY SOUTHEAST INC 773.76 325105 4/16/2015 CB&I COASTAL PLANNING&ENGINEERING INC 18,023.89 325106 4/16/2015 CARDINAL HEALTH 110 INC 573.89 325107 4/16/2015 ALEX MIKLO 40.00 325108 4/16/2015 BURNETT LIME CO INC 3,208.80 14 4 TRANS NBR DATE VENDOR AMOUNT 325109 4/16/2015 TREASURE COAST TURF INC 300.00 325110 4/16/2015 PENGUIN RANDOM HOUSE LLC 195.75 325111 4/16/2015 SCADA SOLUTIONS LLC 4,200.00 325112 4/16/2015 KANSAS STATE BANK OF MANHATTAN 276.80 325113 4/16/2015 STEWART&STEVENSON FDDA LLC 4.22 325114 4/16/2015 C E R SIGNATURE CLEANING 850.00 325115 4/16/2015 DYLAN REINGOLD 497.36 325116 4/16/2015 SAMBA HOLDINGS INC 1,115.44 325117 4/16/2015 WADE WILSON 100.00 325118 4/16/2015 COLONIAL HEIGHTS ACQUISITION LP 500.00 325119 4/16/2015 VALERIE WATERS 700.00 325120 4/16/2015 THE LAW OFFICES OF JENNIFER D PESHKE PA 400.00 325121 4/16/2015 BERNARD EGAN&COMPANY 744.18 325122 4/16/2015 INTERCON SOLUTIONS INC 8,150.25 325123 4/16/2015 ZJH HOLDING LLC 182.25 325124 4/16/2015 NAPIER&ROLLIN PLLC 711.00 325125 4/16/2015 ALL N PROFESSIONAL SERVICES 950.00 325126 4/16/2015 SKECHERS USA INC 120.20 325127 4/16/2015 RONALD NICHELSON 60.00 325128 4/16/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 455.00 325129 4/16/2015 GIVING KIDZ A CHANCE INC 833.34 325130 4/16/2015 GIVING KIDZ A CHANCE INC 833.34 325131 4/16/2015 MASCHMEYER CONCRETE COMPANY OF FLORIDA 620.00 325132 4/16/2015 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 325133 4/16/2015 SYLIVIAMILLER 2,516.00 325134 4/16/2015 THE TRANSIT GROUP INC 34,054.65 325135 4/16/2015 JASPER WELLER LLC 1,695.00 325136 4/16/2015 LONGHORN LANDSCAPING AND SOD LLC 3,784.50 325137 4/16/2015 INDIAN RIVER COUNTY EXTENSION 50.00 325138 4/16/2015 STEPHEN P COX 75.00 325139 4/16/2015 NICHOLE KRAMER 35.00 325140 4/16/2015 IRC FIREFIGHTER/PARAMEDIC ASSOCIATION 174.50 325141 4/16/2015 YOURMEMBERSHIP.COM 125.00 325142 4/16/2015 MCGUIREWOODS LLP 5,000.00 325143 4/16/2015 SCHOLARS IN PRINT 381.00 325144 4/16/2015 GNP SERVICES CPA PA 1,200.00 325145 4/16/2015 UTIL REFUNDS 41.10 325146 4/16/2015 UTIL REFUNDS 20.54 325147 4/16/2015 UTIL REFUNDS 7.15 325148 4/16/2015 UTIL REFUNDS 69.93 325149 4/16/2015 UTIL REFUNDS 41.04 325150 4/16/2015 UTIL REFUNDS 23.72 325151 4/16/2015 UTIL REFUNDS 39.86 325152 4/16/2015 UTIL REFUNDS 81.48 325153 4/16/2015 UTIL REFUNDS 98.50 325154 4/16/2015 UTIL REFUNDS 36.02 325155 4/16/2015 UTIL REFUNDS 32.15 325156 4/16/2015 UTIL REFUNDS 23.52 325157 4/16/2015 UTIL REFUNDS 37.92 325158 4/16/2015 UTIL REFUNDS 70.43 325159 4/16/2015 UTIL REFUNDS 69.80 325160 4/16/2015 UTIL REFUNDS 27.75 325161 4/16/2015 UTIL REFUNDS 63.79 325162 4/16/2015 UTIL REFUNDS 72.43 325163 4/16/2015 UTIL REFUNDS 47.13 325164 4/16/2015 UTIL REFUNDS 50.62 325165 4/16/2015 UTIL REFUNDS 330.26 325166 4/16/2015 UTIL REFUNDS 83.05 325167 4/16/2015 UTIL REFUNDS 16.63 325168 4/16/2015 UTIL REFUNDS 43.41 15 5 TRANS NBR DATE VENDOR AMOUNT 325169 4/16/2015 UTIL REFUNDS 14.83 325170 4/16/2015 UTIL REFUNDS 47.10 325171 4/16/2015 UTIL REFUNDS 87.00 325172 4/16/2015 UTIL REFUNDS 67.75 325173 4/16/2015 UTIL REFUNDS 38.21 325174 4/16/2015 UTIL REFUNDS 42.88 325175 4/16/2015 UTIL REFUNDS 42.36 325176 4/16/2015 UTIL REFUNDS 40.68 325177 4/16/2015 UTIL REFUNDS 175.43 325178 4/16/2015 UTIL REFUNDS 42.05 325179 4/16/2015 UTIL REFUNDS 39.77 325180 4/16/2015 UTIL REFUNDS 43.69 325181 4/16/2015 UTIL REFUNDS 73.11 325182 4/16/2015 UTIL REFUNDS 42.33 325183 4/16/2015 UTIL REFUNDS 31.61 Grand Total: 897,086.28 16 6 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3523 4/10/2015 FL SDU 6,064.21 3524 4/10/2015 ICMA RETIREMENT CORPORATION 2,160.00 3525 4/10/2015 IRC FIRE FIGHTERS ASSOC 6,060.00 3526 4/10/2015 ICMA RETIREMENT CORPORATION 11,549.37 3527 4/10/2015 FLORIDA LEAGUE OF CITIES,INC 6,117.49 3528 4/10/2015 NACO/SOUTHEAST 474.07 3529 4/10/2015 NACO/SOUTHEAST 23,500.35 3530 4/10/2015 VEROTOWN LLC 5,246.29 3531 4/10/2015 C E R SIGNATURE CLEANING 5,000.00 3532 4/13/2015 INDIAN RIVER COUNTY SHERIFF 4,368.15 3533 4/13/2015 IRS-PAYROLL TAXES 362,872.53 3534 4/14/2015 IRS-PAYROLL TAXES 14,678.80 Grand Total: 448,091.26 17 1 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1006302 4/10/2015 AT&T 992.47 1006303 4/10/2015 OFFICE DEPOT BSD CUSTOMER SVC 1,168.35 1006304 4/10/2015 WASTE MANAGEMENT INC 2,744.30 1006305 4/10/2015 COMCAST 106.88 1006306 4/10/2015 BRIDGESTONE GOLF INC 746.48 1006307 4/13/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 316.80 1006308 4/13/2015 ROBINSON EQUIPMENT COMPANY INC 52.67 1006309 4/13/2015 SSES INC DBA 394.00 1006310 4/13/2015 COPYCO INC 169.65 1006311 4/13/2015 UNIVERSAL SIGNS&ACCESSORIES 210.00 1006312 4/13/2015 MIKES GARAGE&WRECKER SERVICE INC 55.00 1006313 4/13/2015 MEEKS PLUMBING INC 154.45 1006314 4/13/2015 RELIABLE SEPTIC AND SERVICE 45.00 1006315 4/13/2015 RECORDED BOOKS LLC 6.95 1006316 4/13/2015 ARAMARK UNIFORM&CAREER APPAREL LLC 655.81 1006317 4/13/2015 SOUTHERN COMPUTER WAREHOUSE 401.59 1006318 4/13/2015 ROGER CLEVELAND GOLF INC 964.97 1006319 4/13/2015 HD SUPPLY FACILITIES MAINTENANCE LTD 673.11 1006320 4/13/2015 STRYKER SALES CORP 1,086.10 1006321 4/13/2015 RECHTIEN INTERNATIONAL TRUCKS 1,382.58 1006322 4/13/2015 SOUTHERN JANITOR SUPPLY INC 3,391.10 1006323 4/13/2015 METRO FIRE PROTECTION SERVICES INC 95.00 1006324 4/13/2015 S&S AUTO PARTS 188.34 1006325 4/13/2015 STAT MEDICAL DISPOSAL INC 385.00 1006326 4/13/2015 SAFETY ZONE SPECIALISTS INC 4,814.40 1006327 4/13/2015 PACE ANALYTICAL SERVICES INC 9,170.00 1006328 4/14/2015 DAVIDSON TITLES INC 1,125.54 1006329 4/14/2015 SOUTHERN COMPUTER WAREHOUSE 399.69 1006330 4/14/2015 GLOBAL GOLF SALES INC 271.47 1006331 4/14/2015 AUTO PARTNERS LLC 432.83 1006332 4/14/2015 STAT MEDICAL DISPOSAL INC 190.00 1006333 4/15/2015 EVERGLADES FARM EQUIPMENT CO INC 181.03 1006334 4/15/2015 COMMUNICATIONS INTERNATIONAL 5,715.03 1006335 4/15/2015 HENRY SCHEIN INC 13,544.17 1006336 4/15/2015 COLD AIR DISTRIBUTORS WAREHOUSE 1,258.49 1006337 4/15/2015 INDIAN RIVER BATTERY 1,353.20 1006338 4/15/2015 DEMCO INC 603.45 1006339 4/15/2015 APPLE INDUSTRIAL SUPPLY CO 120.17 1006340 4/15/2015 ABCO GARAGE DOOR CO INC 294.23 1006341 4/15/2015 ALLIED UNIVERSAL CORP 2,708.14 1006342 4/15/2015 CENGAGE LEARNING CORPORATION 685.69 1006343 4/15/2015 COMMUNITY ASPHALT CORP 276.76 1006344 4/15/2015 FERGUSON ENTERPRISES INC 11,850.01 1006345 4/15/2015 BARKER ELECTRIC,AIR CONDITIONING 178.00 1006346 4/15/2015 MIDWEST MOTOR SUPPLY CO 125.50 1006347 4/15/2015 FLAGLER CONSTRUCTION EQUIPMENT LLC 520.70 1006348 4/15/2015 HALL-MARK FIRE APPARATUS INC 545.10 1006349 4/15/2015 AUTO PARTNERS LLC 107.54 1006350 4/15/2015 CM&S INDUSTRIES INC 210.00 1006351 4/16/2015 EVERGLADES FARM EQUIPMENT CO INC 511.36 1006352 4/16/2015 PARKS RENTAL&SALES INC 5,355.96 1006353 4/16/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 81.48 1006354 4/16/2015 INDIAN RIVER BATTERY 77.40 1006355 4/16/2015 INDIAN RIVER OXYGEN INC 3,402.50 1006356 4/16/2015 DEMCO INC 695.27 1006357 4/16/2015 MIKES GARAGE&WRECKER SERVICE INC 1,456.80 1006358 4/16/2015 MEEKS PLUMBING INC 167.78 1006359 4/16/2015 IRRIGATION CONSULTANTS UNLIMITED INC 125.20 18 1 TRANS.NBR DATE VENDOR AMOUNT 1006360 4/16/2015 RECORDED BOOKS LLC 157.20 1006361 4/16/2015 CENGAGE LEARNING CORPORATION 22.74 1006362 4/16/2015 DLT SOLUTIONS LLC 168.37 1006363 4/16/2015 FERGUSON ENTERPRISES INC 420.50 1006364 4/16/2015 COMO OIL COMPANY OF FLORIDA 27.37 1006365 4/16/2015 SCRIPPS TREASURE COAST PUBLISHING LLC 967.98 1006366 4/16/2015 SOUTHERN PLUMBING INC 736.26 1006367 4/16/2015 RECHTIEN INTERNATIONAL TRUCKS 510.59 1006368 4/16/2015 FLAGLER CONSTRUCTION EQUIPMENT LLC 89.91 1006369 4/16/2015 SOUTHERN JANITOR SUPPLY INC 1,815.70 1006370 4/16/2015 CAPITAL OFFICE PRODUCTS 54.99 1006371 4/16/2015 METRO FIRE PROTECTION SERVICES INC 2,171.61 1006372 4/16/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 14.79 1006373 4/16/2015 CUMMINS POWER SOUTH LLC 1,943.40 1006374 4/16/2015 S&S AUTO PARTS 220.06 1006375 4/16/2015 RADWELL INTERNATIONAL INC 1,657.50 Grand Total: 95,920.46 19 2 JEFFREY R. SMITH CPA ,CGFO, CGMA ,(imp), SMITH, f k �oour,yc0e, Clerk of Circuit Court&Comptroller 6 °, Finance Department 1801 27th Street Vero Beach,FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIREC •R THRU: JEFFREY R. SMITH, COMPTROLLER like • DATE: April 23, 2015 SUBJECT: APPROVAL OF WARRANTS April 17, 2015 to April 23, 2015 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of April 17, 2015 to April 23, 2015. Attachment: DB: MS 20 ELECTRONIC PAYMENTS - CHECKS TRANS NBR DATE VENDOR AMOUNT 325184 4/22/2015 UTIL REFUNDS 654.08 325185 4/22/2015 UTIL REFUNDS 8.73 325186 4/22/2015 UTIL REFUNDS 39.58 325187 4/22/2015 UTIL REFUNDS 36.91 325188 4/22/2015 UTIL REFUNDS 27.51 325189 4/22/2015 UTIL REFUNDS 87.80 325190 4/22/2015 UTIL REFUNDS 52.69 325191 4/22/2015 UTIL REFUNDS 77.80 325192 4/22/2015 UTIL REFUNDS 77.07 325193 4/22/2015 UTIL REFUNDS 116.83 325194 4/22/2015 UTIL REFUNDS 19.56 325195 4/22/2015 UTIL REFUNDS 69.64 325196 4/22/2015 UTIL REFUNDS 10.41 325197 4/22/2015 UTIL REFUNDS 63.50 325198 4/22/2015 UTIL REFUNDS 59.87 325199 4/22/2015 UTIL REFUNDS 47.57 325200 4/22/2015 UTIL REFUNDS 64.28 325201 4/22/2015 UTIL REFUNDS 65.23 325202 4/22/2015 UTIL REFUNDS 74.38 325203 4/22/2015 UTIL REFUNDS 44.12 325204 4/22/2015 UTIL REFUNDS 43.21 325205 4/22/2015 UTIL REFUNDS 1.58 325206 4/22/2015 UTIL REFUNDS 57.67 325207 4/22/2015 UTIL REFUNDS 44.76 325208 4/22/2015 UTIL REFUNDS 76.46 325209 4/22/2015 UTIL REFUNDS 24.36 325210 4/22/2015 UTIL REFUNDS 9.16 325211 4/22/2015 UTIL REFUNDS 27.63 325212 4/22/2015 UTIL REFUNDS 63.48 325213 4/22/2015 UTIL REFUNDS 37.25 325214 4/22/2015 UTIL REFUNDS 47.14 325215 4/22/2015 UTIL REFUNDS 12.67 325216 4/22/2015 UTIL REFUNDS 49.02 325217 4/22/2015 UTIL REFUNDS 163.84 325218 4/22/2015 UTIL REFUNDS 59.63 325219 4/22/2015 UTIL REFUNDS 62.06 325220 4/22/2015 UTIL REFUNDS 30.17 325221 4/22/2015 UTIL REFUNDS 34.38 325222 4/22/2015 UTIL REFUNDS 47.16 325223 4/22/2015 UTIL REFUNDS 67.73 325224 4/22/2015 UTIL REFUNDS 38.49 325225 4/22/2015 UTIL REFUNDS 58.91 325226 4/22/2015 UTIL REFUNDS 30.41 325227 4/22/2015 UTIL REFUNDS 10.27 325228 4/22/2015 UTIL REFUNDS 86.22 325229 4/22/2015 UTIL REFUNDS 39.86 325230 4/22/2015 UTIL REFUNDS 8.80 325231 4/22/2015 UTIL REFUNDS 85.85 325232 4/22/2015 UTIL REFUNDS 72.41 325233 4/22/2015 UTIL REFUNDS 17.86 325234 4/22/2015 UTIL REFUNDS 39.12 325235 4/22/2015 UTIL REFUNDS 45.88 325236 4/22/2015 UTIL REFUNDS 68.85 325237 4/22/2015 UTIL REFUNDS 54.64 325238 4/22/2015 UTIL REFUNDS 36.62 325239 4/22/2015 UTIL REFUNDS 31.77 325240 4/22/2015 UTIL REFUNDS 52.60 325241 4/22/2015 UTIL REFUNDS 29.75 21 1 TRANS NBR DATE VENDOR AMOUNT 325242 4/22/2015 UTIL REFUNDS 296.96 325243 4/22/2015 UTIL REFUNDS 28.15 325244 4/22/2015 UTIL REFUNDS 60.32 325245 4/22/2015 UTIL REFUNDS 44.88 325246 4/22/2015 UTIL REFUNDS 42.28 325247 4/22/2015 UTIL REFUNDS 15.92 325248 4/22/2015 UTIL REFUNDS 40.90 325249 4/22/2015 UTIL REFUNDS 30.35 325250 4/22/2015 UTIL REFUNDS 34.65 325251 4/22/2015 UTIL REFUNDS 38.36 325252 4/22/2015 UTIL REFUNDS 30.31 325253 4/22/2015 UTIL REFUNDS 29.84 325254 4/22/2015 UTIL REFUNDS 37.77 325255 4/22/2015 UTIL REFUNDS 42.45 325256 4/22/2015 UTIL REFUNDS 79.15 325257 4/22/2015 UTIL REFUNDS 51.10 325258 4/22/2015 UTIL REFUNDS 30.36 325259 4/22/2015 UTIL REFUNDS 61.74 325260 4/22/2015 UTIL REFUNDS 23.70 325261 4/22/2015 UTIL REFUNDS 52.38 325262 4/22/2015 UTIL REFUNDS 93.45 325263 4/22/2015 UTIL REFUNDS 72.63 325264 4/22/2015 UTIL REFUNDS 25.80 325265 4/22/2015 UTIL REFUNDS 33.77 325266 4/22/2015 UTIL REFUNDS 81.99 325267 4/22/2015 UTIL REFUNDS 179.33 325268 4/22/2015 UTIL REFUNDS 38.76 325269 4/22/2015 UTIL REFUNDS 83.21 325270 4/22/2015 UTIL REFUNDS 71.77 325271 4/22/2015 UTIL REFUNDS 39.19 325272 4/22/2015 UTIL REFUNDS 19.58 325273 4/22/2015 UTIL REFUNDS 47.82 325274 4/22/2015 UTIL REFUNDS 27.89 325275 4/23/2015 PORT CONSOLIDATED INC 39,856.49 325276 4/23/2015 JORDAN MOWER INC 148.80 325277 4/23/2015 RANGER CONSTRUCTION IND INC 301.00 325278 4/23/2015 VERO CHEMICAL DISTRIBUTORS INC 349.95 325279 4/23/2015 RICOH USA INC 253.75 325280 4/23/2015 RICOH USA INC 1,170.00 325281 4/23/2015 CHISHOLM CORP OF VERO 3,070.00 325282 4/23/2015 VELDE FORD INC 1,310.55 325283 4/23/2015 STEWART MATERIALS INC 3,315.20 325284 4/23/2015 AT&T WIRELESS 480.95 325285 4/23/2015 DATA FLOW SYSTEMS INC 2,225.43 325286 4/23/2015 DELTA SUPPLY CO 21.25 325287 4/23/2015 E-Z BREW COFFEE&BOTTLE WATER SVC 27.47 325288 4/23/2015 GRAINGER 12.48 325289 4/23/2015 KELLY TRACTOR CO 3,281.17 325290 4/23/2015 REPUBLIC SERVICES INC 70.87 325291 4/23/2015 MY RECEPTIONIST INC 241.72 325292 4/23/2015 HACH CO 1,803.92 325293 4/23/2015 H B S INC 127.00 325294 4/23/2015 LFI FORT PIERCE INC 7,630.19 325295 4/23/2015 SWE INC 325.00 325296 4/23/2015 HD SUPPLY WATERWORKS,LTD 3,989.09 325297 4/23/2015 PETES CONCRETE 625.00 325298 4/23/2015 GULF ICE SYSTEMS INC 686.28 325299 4/23/2015 EGP INC 599.50 325300 4/23/2015 VERO INDUSTRIAL SUPPLY INC 1,054.41 325301 4/23/2015 BFS RETAIL OPERATIONS LLC 487.80 22 2 TRANS NBR DATE VENDOR AMOUNT 325302 4/23/2015 H C WARNER INC 4,133.51 325303 4/23/2015 BARTH CONSTRUCTION INC 42,623.50 325304 4/23/2015 GENERAL PART INC 681.16 325305 4/23/2015 BAKER&TAYLOR INC 2,859.53 325306 4/23/2015 MIDWEST TAPE LLC 219.27 325307 4/23/2015 JONAS SOFTWARE USA INC 2,778.30 325308 4/23/2015 PRECISION CONTRACTING SERVICES INC 1,525.00 325309 4/23/2015 MICROMARKETING LLC 427.41 325310 4/23/2015 PALM TRUCK CENTERS INC 323.18 325311 4/23/2015 GO COASTAL INC 413.11 325312 4/23/2015 PING INC 237.92 325313 4/23/2015 PARKS AND SON INC 3,054.60 325314 4/23/2015 CLERK OF CIRCUIT COURT 2,348.19 325315 4/23/2015 CLERK OF CIRCUIT COURT 2,877.80 325316 4/23/2015 CITY OF VERO BEACH 85,708.12 325317 4/23/2015 ILLINOIS STATE DISBURSEMENT UNIT 142.32 325318 4/23/2015 CHAPTER 13 TRUSTEE 478.38 325319 4/23/2015 UNITED WAY OF INDIAN RIVER COUNTY 714.94 325320 4/23/2015 INDIAN RIVER ALL FAB INC 642.11 325321 4/23/2015 JANITORIAL DEPOT OF AMERICA INC 261.26 325322 4/23/2015 TREASURE COAST HOMELESS SERVICES 4,589.65 325323 4/23/2015 HENRY FISCHER&SONS INC 500.00 325324 4/23/2015 HENRY FISCHER&SONS INC 1,015.00 325325 4/23/2015 PERCONTI DATA SYSTEMS INC 9,000.00 325326 4/23/2015 ACUSHNET COMPANY 4,480.08 325327 4/23/2015 INTERNATIONAL GOLF MAINTENANCE INC 85,581.00 325328 4/23/2015 WEST PUBLISHING CORPORATION 405.50 325329 4/23/2015 TRAFFIC PARTS INC 1,632.00 325330 4/23/2015 FLORIDA RECREATION&PARK ASSOC INC 320.00 325331 4/23/2015 FLORIDA POWER AND LIGHT 95,180.15 325332 4/23/2015 FLORIDA POWER AND LIGHT 677.34 325333 4/23/2015 JAMES GRAY JR 238.96 325334 4/23/2015 PHILLIP J MATSON 247.10 325335 4/23/2015 IRC HOUSING AUTHORITY 435.00 325336 4/23/2015 US KIDS GOLF LLC 237.93 325337 4/23/2015 HIBISCUS CHILDRENS CENTER 2,500.00 325338 4/23/2015 IRC HEALTHY START COALITION INC 416.66 325339 4/23/2015 BE SAFE SECURITY ALARMS INC 120.00 325340 4/23/2015 NATIONAL ALLIANCE FOR YOUTH SPORTS 20.00 325341 4/23/2015 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 78.22 325342 4/23/2015 CHILDRENS HOME SOCIETY OF FL 1,500.00 325343 4/23/2015 NABORS GIBLIN&NICKERSON PA 125.00 325344 4/23/2015 BRIDGE DESIGN ASSOCIATES INC 6,759.00 325345 4/23/2015 HAYTH,HAYTH&LANDAU 125.00 325346 4/23/2015 CAROLINA SOFTWARE INC 500.00 325347 4/23/2015 ST LUCIE COUNTY BOCC 2,750.00 325348 4/23/2015 RUSSELL PAYNE INC 191.94 325349 4/23/2015 TRANE US INC 2,696.00 325350 4/23/2015 CELICO PARTNERSHIP 421.57 325351 4/23/2015 VAN WAL INC 589.00 325352 4/23/2015 UNITED RENTALS NORTH AMERICA INC 169.14 325353 4/23/2015 CENTRAL PUMP&SUPPLY INC 10.02 325354 4/23/2015 E W SIVER&ASSOCIATES INC 4,793.80 325355 4/23/2015 MICHAEL ZITO 67.75 325356 4/23/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 219.57 325357 4/23/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 222.55 325358 4/23/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 124.18 325359 4/23/2015 STANLEY CONSULTANTS INC 2,993.15 325360 4/23/2015 JOHN DEERE LANDSCAPES 31.52 325361 4/23/2015 CAROLE J MADIGAN 1,482.00 23 3 TRANS NBR DATE VENDOR AMOUNT 325362 4/23/2015 KEN CHATAM 40.00 325363 4/23/2015 KENNY CAMPBELL JR 40.00 325364 4/23/2015 JOHNNY B SMITH 40.00 325365 4/23/2015 GABRIEL ROEDER SMITH&CO 2,518.00 325366 4/23/2015 BRIAN VAN WITZENBURG 73.58 325367 4/23/2015 TRITEL INC 49.50 325368 4/23/2015 WOERNER DEVELOPMENT INC 933.00 325369 4/23/2015 YOUR AQUA INSTRUCTOR LLC 40.00 325370 4/23/2015 MURPHY&WALKER P L 12,392.42 325371 4/23/2015 DELRAY MOTORS 258.56 325372 4/23/2015 JOSEPH CATALANO 40.00 325373 4/23/2015 OVERDRIVE INC 517.24 325374 4/23/2015 FLORIDA ENVIRONMENTAL CONSULTING INC 2,833.33 325375 4/23/2015 RAYMOND J DUCHEMIN 40.00 325376 4/23/2015 NETBOSS TECHNOLOGIES INC 14,333.37 325377 4/23/2015 KEITH GROCHOLL 40.00 325378 4/23/2015 MAUNEY&ASSOCIATES LLC 8,000.00 325379 4/23/2015 MANCILS TRACTOR SERVICE INC 19,000.00 325380 4/23/2015 JOSHUA GHIZ 148.46 325381 4/23/2015 TIM ZORC 442.94 325382 4/23/2015 CLEAN SWEEP&VAC LLC 4,454.40 325383 4/23/2015 REPROGRAPHIC SOLUTIONS INC 5.04 325384 4/23/2015 AMERICAN MESSAGING SERVICES LLC 5.67 325385 4/23/2015 LOWES HOME CENTERS INC 1,438.09 325386 4/23/2015 LABOR READY SOUTHEAST INC 13,432.00 325387 4/23/2015 EMILY K DIMATTEO 60.00 325388 4/23/2015 ALEX MIKLO 40.00 325389 4/23/2015 BURNETT LIME CO INC 0.00 325390 4/23/2015 THE NEW YORK BLOWER CO 575.15 325391 4/23/2015 PENGUIN RANDOM HOUSE LLC 93.75 325392 4/23/2015 SCADA SOLUTIONS LLC 2,157.00 325393 4/23/2015 CALDWELL PACETTI EDWARDS 3,105.00 325394 4/23/2015 GONZALEZ SAGGIO&HARLAN LLP 10,582.50 325395 4/23/2015 CHEMTRADE CHEMICALS CORPORTATION 2,505.60 325396 4/23/2015 LOTUS AMMUNITION WORX LLC 1,930.00 325397 4/23/2015 REXEL INC 1,304.14 325398 4/23/2015 FAMILY SUPPORT REGISTRY 9.66 325399 4/23/2015 HUNTER SOUTHWEST PRODUCTIONS LLC 750.00 325400 4/23/2015 AMEC ENVIRONMENT&INFRASTRUCTURE INC 4,027.50 325401 4/23/2015 THE LAW OFFICES OF JENNIFER D PESHKE PA 681.00 325402 4/23/2015 AXIS DATA SOLUTIONS INC 1,370.07 325403 4/23/2015 VOLTEDGE INC 17,500.00 325404 4/23/2015 ANDREW D.FLEISHER,ESQ 150.00 325405 4/23/2015 BRYAN CAVE LLP 4,107.50 325406 4/23/2015 RONALD NICHELSON 40.00 325407 4/23/2015 MAVERICK UNITED ELEVATOR LLC 1,480.00 325408 4/23/2015 RELIANT FIRE SYSTEMS INC 233.75 325409 4/23/2015 COBRA GOLF INCORPORATED 540.80 325410 4/23/2015 HAWKINS INC 2,969.50 325411 4/23/2015 FLORITURF SOD INC 230.00 325412 4/23/2015 ENCORE ONE LLC 2,271.86 325413 4/23/2015 LONGHORN LANDSCAPING AND SOD LLC 717.75 325414 4/23/2015 ML PRODUCTS INC 663.96 325415 4/23/2015 DEANNA ERIN DEROSIA 100.00 325416 4/23/2015 NANCY KIM PHAM HO 100.00 325417 4/23/2015 KIMBERLY BUSTOS 50.00 325418 4/23/2015 MICHAEL FELTON 50.00 325419 4/23/2015 AMBER SULLIVAN 50.00 325420 4/23/2015 HUSBAND FOR RENT INC 75.00 325421 4/23/2015 CHEYENNE CARBOY 35.00 24 4 TRANS NBR DATE VENDOR AMOUNT 325422 4/23/2015 JACK RALEIGH 30.00 325423 4/23/2015 KAST CONSTRUCTION COMPANY LLC 160,993.00 325424 4/23/2015 UTIL REFUNDS 52.76 325425 4/23/2015 UTIL REFUNDS 41.32 325426 4/23/2015 UTIL REFUNDS 38.42 325427 4/23/2015 UTIL REFUNDS 39.32 325428 4/23/2015 UTIL REFUNDS 75.16 325429 4/23/2015 UTIL REFUNDS 22.89 325430 4/23/2015 UTIL REFUNDS 47.33 325431 4/23/2015 UTIL REFUNDS 41.61 325432 4/23/2015 UTIL REFUNDS 29.75 325433 4/23/2015 UTIL REFUNDS 44.40 325434 4/23/2015 UTIL REFUNDS 8.02 325435 4/23/2015 UTIL REFUNDS 64.28 325436 4/23/2015 UTIL REFUNDS 90.16 325437 4/23/2015 UTIL REFUNDS 38.05 325438 4/23/2015 UTIL REFUNDS 187.07 325439 4/23/2015 UTIL REFUNDS 42.61 325440 4/23/2015 UTIL REFUNDS 30.14 325441 4/23/2015 UTIL REFUNDS 36.71 325442 4/23/2015 UTIL REFUNDS 83.83 325443 4/23/2015 UTIL REFUNDS 48.71 325444 4/23/2015 UTIL REFUNDS 86.53 325445 4/23/2015 UTIL REFUNDS 14.98 325446 4/23/2015 UTIL REFUNDS 45.01 325447 4/23/2015 UTIL REFUNDS 1.92 325448 4/23/2015 UTIL REFUNDS 47.38 325449 4/23/2015 UTIL REFUNDS 85.50 325450 4/23/2015 UTIL REFUNDS 80.86 325451 4/23/2015 UTIL REFUNDS 40.82 325452 4/23/2015 UTIL REFUNDS 48.65 325453 4/23/2015 UTIL REFUNDS 60.54 325454 4/23/2015 UTIL REFUNDS 36.42 325455 4/23/2015 UTIL REFUNDS 24.07 325456 4/23/2015 UTIL REFUNDS 6.32 325457 4/23/2015 UTIL REFUNDS 73.11 325458 4/23/2015 UTIL REFUNDS 84.06 325459 4/23/2015 UTIL REFUNDS 5.89 325460 4/23/2015 UTIL REFUNDS 459.07 325461 4/23/2015 UTIL REFUNDS 18.57 325462 4/23/2015 BURNETT LIME CO INC 735.75 325463 4/23/2015 BURNETT LIME CO INC 911.00 325464 4/23/2015 BURNETT LIME CO INC 3,204.60 Grand Total: 774,541.33 25 5 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1006376 4/17/2015 AT&T 8,233.82 1006377 4/17/2015 OFFICE DEPOT BSD CUSTOMER SVC 649.39 1006378 4/17/2015 WASTE MANAGEMENT INC 391.94 1006379 4/17/2015 EVERGLADES FARM EQUIPMENT CO INC 405.00 1006380 4/17/2015 INDIAN RIVER BATTERY 154.80 1006381 4/17/2015 DAVES SPORTING GOODS&TROPHIES 1,477.00 1006382 4/17/2015 APPLE INDUSTRIAL SUPPLY CO 111.93 1006383 4/17/2015 GALLS LLC 63.00 1006384 4/17/2015 COMMERCIAL ENERGY SPECIALISTS 47.30 1006385 4/17/2015 BARKER ELECTRIC,AIR CONDITIONING 5,260.00 1006386 4/17/2015 MIDWEST MOTOR SUPPLY CO 122.00 1006387 4/17/2015 GRESSCO LTD 1,284.66 1006388 4/21/2015 CONTECH ENGINEERED SOLUTIONS LLC 1,103.12 1006389 4/21/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 10.78 1006390 4/21/2015 ROBINSON EQUIPMENT COMPANY INC 684.22 1006391 4/21/2015 NORTH SOUTH SUPPLY INC 23.72 1006392 4/21/2015 SAFETY PRODUCTS INC 142.20 1006393 4/21/2015 MIKES GARAGE&WRECKER SERVICE INC 120.00 1006394 4/21/2015 RELIABLE SEPTIC AND SERVICE 170.00 1006395 4/21/2015 GROVE WELDERS INC 8.26 1006396 4/21/2015 COMPLETE RESTAURANT EQUIPMENT LLC 1,098.65 1006397 4/21/2015 FIRST HOSPITAL LABORATORIES INC 365.50 1006398 4/21/2015 CENGAGE LEARNING CORPORATION 389.61 1006399 4/21/2015 DEERE&COMPANY 61.93 1006400 4/21/2015 DLT SOLUTIONS LLC 8,380.00 1006401 4/21/2015 COMMUNITY ASPHALT CORP 108.12 1006402 4/21/2015 PERKINS INDIAN RIVER PHARMACY 102.52 1006403 4/21/2015 PRIDE ENTERPRISES 2,731.33 1006404 4/21/2015 SOUTHERN PLUMBING INC 234.00 1006405 4/21/2015 THOMPSON TRACTOR 86.54 1006406 4/21/2015 SHRIEVE CHEMICAL CO 2,948.88 1006407 4/21/2015 RECHTIEN INTERNATIONAL TRUCKS 39.46 1006408 4/21/2015 POLYDYNE INC 2,507.00 1006409 4/21/2015 SOUTHERN JANITOR SUPPLY INC 550.02 1006410 4/21/2015 CAPITAL OFFICE PRODUCTS 94.97 1006411 4/21/2015 MUNICIPAL WATER WORKS INC 1,791.07 1006412 4/21/2015 L&L DISTRIBUTORS 77.28 1006413 4/21/2015 CON-AIR INDUSTRIES INC 663.00 1006414 4/21/2015 S&S AUTO PARTS 458.81 1006415 4/22/2015 ARAMARK UNIFORM&CAREER APPAREL LLC 1,352.63 1006416 4/23/2015 EVERGLADES FARM EQUIPMENT CO INC 279.58 1006417 4/23/2015 ALLIED UNIVERSAL CORP 10,468.71 1006418 4/23/2015 IRRIGATION CONSULTANTS UNLIMITED INC 123.50 1006419 4/23/2015 HILL MANUFACTURING CO INC 1,288.00 1006420 4/23/2015 GROVE WELDERS INC 593.02 1006421 4/23/2015 FERGUSON ENTERPRISES INC 9,465.88 1006422 4/23/2015 ROGER CLEVELAND GOLF INC 1,056.42 1006423 4/23/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 449.32 Grand Total: 68,228.89 26 1 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3535 4/17/2015 CDM SMITH INC 37,367.80 3536 4/17/2015 VETERANS COUNCIL OF I R C 6,707.63 3537 4/17/2015 WRIGHT EXPRESS FSC 21,643.33 3538 4/17/2015 SCHOOL DISTRICT OF I R COUNTY 87,586.00 Grand Total: 153,304.76 27 1 JEFFREY R. SMITH, CPA, CGFO, CGMA `°'^YT�- Clerk of Circuit Court&Comptroller ` 4 co` Finance Department ,> : T 1801 27t Street r: -4 Au Vero Beach,FL 32960 '+i„ efr Telephone:(772)226-1945 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: April 24, 2015 SUBJECT: Quarterly Investment Report for Quarter Ending 03/31/2015 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the second quarter of this fiscal year. This report was reviewed by our investment advisory committee on April 23, 2015. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. Indian River County Approved Date Administrator tJ,3oJ/,s County Attorney Budget i Department Risk Management 28 JEFFREY R. SMITH CPA, CGFO, CGMA Clerk of Circuit Court&Comptroller / C� `"° Finance Department ' *> 1801 27th Street a Vero Beach,FL 32960 Telephone: (772)226-1945 Indian River County Investment Advisory Committee Quarterly Investment Report January 1,2015 through March 31, 2015 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Internal Auditor, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David W. Griffis, Senior Vice President with Northern Trust Bank of Florida; Ted Libby, Senior Portfolio Manager with Cypress Capital Group; Andy Beindorf, Market President of National Bank of Commerce. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes(FFCB), Federal Home Loan Banks bonds and discount notes(FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes(FHLMC), Federal National Mortgage Association bonds and discount notes(FNMA), Treasury Notes and Bills, State of Florida Local Government Surplus Funds Trust Fund(SBA)(for existing funds only), Florida Local Government Investment Trust(FLGIT), Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.01, Certificates of Deposit(CDs), Money Market Funds, Repurchase Agreements. BOND PROCEEDS INVESTMENT The current bond reserve is placed with Bank of New York/Mellon and is currently invested in short-term treasury bills and agencies. 29 INVESTMENT ACTIVITY As of March 31, 2015 the investments portfolio book value was $322,001,183 with a market value of $322,188,340. Of the$322,001,183, portfolio total, $273,554,902 is restricted for the following purposes: $ 65,808,399 Special revenue projects $ 6,695,057 Debt payments for county bonds $ 58,606,710 Capital projects $ 140,245,440 Business-type activities $ 2,199,296 Escrow Funds $ 273,554,902 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Special Escrow Revenue 1% 24% Debt Service 3% Capital Business- Projects Type 21% 51% The weighted average maturity of the investments as of March 31, 2015 is 12 months. Yields on the individual investments ranged from 0.07%to 1.05%. The overall average yield for the quarter was 0.43%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending March 31, 2015: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases,calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types(unrestricted and restricted balances) 30 Schedule 1 Indian River County,Florida Board of County Commissioners Investments By Type March 31,2015 03/31/15 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % FFCB Bullet 3133EC4A9 0.300% 11/23/12 04/15/15 0.04 0.300% $ 2,000,000.00 $ 2,000,000.00 FFCB Disc 313312ER7 0.076% 10/29/14 04/22/15 0.06 0.076% $ 2,000,000.00 $ 1,999,270.83 FFCB Bullet 3133ECNU4 0.220% 05/06/13 05/06/15 0.10 0.220% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EC6F6 0.350% 12/05/13 06/01/15 0.17 0.350% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133ED4A7 0.375% 10/07/13 10/07/15 0.52 0.375% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133ED616 0.350% 11/04/13 11/04/15 0.60 0.350% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EDGM8 0.350% 03/10/14 03/10/16 0.95 0.350% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EDEC2 0.550% 01/28/14 04/28/16 1.08 0.550% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EDMN9 0.375% 06/02/14 06/02/16 1.18 0.375% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EDGH9 0.430% 03/06/14 06/06/16 1.19 0.430% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EDF31 0.570% 03/18/15 08/11/16 1.37 0.570% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EEND8 0.420% 03/27/15 09/06/16 1.44 0.460% $ 2,000,000.00 $ 1,998,857.86 FFCB Callable 3133EEAEO 0.680% 10/30/14 01/30/17 1.84 0.680% $ 2,000,000.00 $ 2,000,000.00 $ 26,000,000.00 $ 25,998,128.69 8.24% FHLB Disc 313384DZ9 0.070% 10/26/14 04/06/15 0.02 0.070% $ 2,000,000.00 $ 1,999,381.67 FHLB Bullet 3130A2FT8 0.125% 08/06/14 06/19/15 0.22 0.150% $ 2,000,000.00 $ 1,999,567.02 FHLB Disc 3133845V22 0.280% 02/19/15 02/08/16 0.86 0.280% $ 2,000,000.00 $ 1,994,493.33 FHLB Callable 3130A23M6 0.450% 06/17/14 06/17/16 1.22 0.450% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A15F1 0.500% 03/27/14 06/27/16 1.24 0.500% $ 2,000,000.00 $ 2,000,000.00 FHLB-1X Call 3130A1EN4 0.500% 04/15/14 07/15/16 1.29 0.500% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A2412 0.520% 06/12/14 09/12/16 1.45 0.520% $ 2,000,000.00 $ 2,000,000.00 FHLB-1X Call 3130A3V35 0.750% 01/28/15 10/28/16 1.58 0.750% $ 2,000,000.00 $ 2,000,000.00 FHLB-1X Call 3130A3GX6 0.750% 11/24/14 02/24/17 1.91 0.750% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A4GT3 0.800% 03/17/15 03/17/17 1.96 0.800% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A3ZN7 0.850% 02/19/15 05/19/17 2.14 0.850% $ 2,000,000.00 $ 2,000,000.00 FHLB-1X Call 3130A3PZ1 1.000% 12/30/14 06/30/17 2.25 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLB-1X Call 3130A4K92 1.050% 03/30/15 09/30/17 2.50 1.050% $ 3,000,000.00 5 3,000,000.00 $ 28,000,000.00 $ 27,993,442.02 8.87% FHLMC Disc 313396NG48 0.170% 11/19/14 10/22/15 0.56 0.173% $ 2,000,000.00 $ 1,996,817.22 FHLMC Disc 3133967K9 0.250% 03/04/15 02/22/16 0.90 0.250% $ 2,000,000.00 $ 1,995,069.44 FHLMC Callable 3134G5312 0.550% 05/20/14 05/20/16 1.14 0.550% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G4UW6 0.500% 02/27/14 05/27/16 1.16 0.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC-1X Call 3134G4YR3 0.550% 04/08/14 07/08/16 1.27 0.550% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G5C29 0.600% 07/22/14 07/22/16 1.31 0.600% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G5HA6 0.700% 09/19/14 09/19/16 1.47 0.700% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G6AA1 0.700% 01/30/15 01/30/17 1.84 0.700% $ 2,000,000.00 $ 2,000,000.00 FHLMC-1X Call 3134G5NY7 0.750% 11/28/14 02/28/17 1.92 0.750% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134G5Q81 0.850% 12/10/14 03/10/17 1.95 0.850% $ 2,000,000.00 5 2,000,000.00 FHLMC Callable 3134G55F3 0.850% 12/24/14 03/24/17 1.98 0.850% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 313405W82 1.000% 01/13/15 04/13/17 2.04 1.000% $ 2,000,000.00 $ 2,000,000.00 $ 26,000,000.00 $ 25,991,886.66 8.23% FNMA Disc 3135880427 0.065% 11/07/14 06/08/15 0.19 0.065% $ 2,000,000.00 $ 1,999,230.83 FNMA Disc 313588HE8 0.070% 10/31/14 06/22/15 0.23 0.071% $ 2,000,000.00 $ 1,999,090.00 FNMA Disc 313588HN8 0.070% 10/31/14 06/30/15 0.25 0.071% $ 2,000,000.00 $ 1,999,058.89 FNMA Disc 313588HW85 0.075% 11/07/14 07/08/15 0.27 0.075% $ 2,000,000.00 $ 1,998,987.50 FNMA Disc 313588)(1302 0.110% 11/14/14 08/06/15 0.35 0.112% $ 2,000,000.00 $ 1,998,380.56 FNMA Disc 313588LL7 0.120% 11/14/14 09/08/15 0.44 0.120% $ 2,000,000.00 $ 1,998,013.33 FNMA Disc 313588R164 0.210% 02/19/15 01/04/16 0.76 0.210% $ 2,000,000.00 $ 1,996,278.33 FNMA Disc 313588RZ07 0.170% 02/05/15 01/19/16 0.81 0.170% $ 2,000,000.00 $ 1,996,713.33 $ 16,000,000.00 $ 15,985,752.77 5.06% Treasury Note 912828UY4 0.125% 04/30/13 04/30/15 0.08 0.210% $ 3,000,000.00 $ 2,994,913.35 Treasury Note 912828UY4 0.125% 12/13/13 04/30/15 0.08 0.210% $ 3,000,000.00 $ 2,996,484.38 Treasury Note 912828SU5 0.250% 12/06/12 05/15/15 0.12 0.269% $ 3,000,000.00 $ 2,998,593.75 Treasury Note 912828SU5 0.250% 11/29/12 05/15/15 0.12 0.291% $ 3,000,000.00 $ 2,996,953.13 Treasury Note 912828VD97 0.250% 05/03/13 05/31/15 0.17 0.260% $ 3,000,000.00 $ 2,999,401.94 Treasury Note 912828TD2 0.250% 12/06/12 07/15/15 0.29 0.280% $ 3,000,000.00 $ 2,997,656.25 Treasury Note 912828TD2 0.125% 11/28/12 07/15/15 0.29 0.305% $ 3,000,000.00 $ 2,995,664.10 Treasury Note 912828VN7 0.250% 12/20/13 07/31/15 0.33 0.260% $ 3,000,000.00 $ 2,999,531.25 Treasury Note 912828TK6 0.250% 12/14/12 08/15/15 0.38 0.316% $ 3,000,000.00 $ 2,994,726.56 Treasury Note 912828TK6 0.250% 12/21/12 08/15/15 0.38 0.333% $ 3,000,000.00 $ 2,993,437.50 Treasury Note 912828VU1 0.375% 09/03/13 08/31/15 0.42 0.375% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828TP5 0.250% 02/08/13 09/15/15 0.46 0.333% $ 3,000,000.00 $ 2,993,554.50 31 1 of 2 Schedule 1 Indian River County,Florida Board of County Commissioners Investments By Type March 31,2015 03/31/15 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % Treasury Note 912828TP5 0.250% 02/21/13 09/15/15 0.46 0.336% $ 3,000,000.00 $ 2,993,437.50 Treasury Note 912828W35 0.250% 09/30/13 09/30/15 0.50 0.328% $ 3,000,000.00 $ 2,995,312.50 Treasury Note 912828TT7 0.250% 12/11/13 10/15/15 0.54 0.271% $ 3,000,000.00 $ 2,998,828.13 Treasury Note 912828WB2 0.250% 10/31/13 10/31/15 0.59 0.302% $ 3,000,000.00 $ 2,997,000.00 Treasury Note 912828W82 0.250% 12/13/13 10/31/15 0.59 0.300% $ 3,000,000.00 $ 2,997,070.31 Treasury Note 912828UG3 0.375% 12/20/13 01/15/16 0.79 0.377% $ 3,000,000.00 $ 2,999,882.81 Treasury Note 912828B41 0.375% 01/31/14 01/31/16 0.84 0.375% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828UM0 0.375% 12/30/13 02/15/16 0.88 0.393% $ 3,000,000.00 $ 2,998,828.13 Treasury Note 912828882 0.250% 12/15/14 02/29/16 0.92 0.300% $ 3,000,000.00 $ 2,998,125.00 Treasury Note 912828B82 0.250% 12/05/14 02/29/16 0.92 0.263% $ 3,000,000.00 $ 2,999,531.25 Treasury Note 912828882 0.250% 02/28/14 02/29/16 0.92 0.320% $ 3,000,000.00 $ 2,995,816.74 Treasury Note 912828US7 0.375% 12/30/13 03/15/16 0.96 0.428% $ 3,000,000.00 $ 2,996,484.38 Treasury Note 912828C40 0.375% 03/31/14 03/31/16 1.00 0.450% $ 3,000,000.00 $ 2,995,525.20 Treasury Note 912828UW8 0.250% 12/10/14 04/15/16 1.04 0.337% $ 2,000,000.00 $ 1,997,656.25 Treasury Note 912828UW8 0.250% 02/28/14 04/15/16 1.04 0.372% $ 3,000,000.00 $ 2,992,148.44 Treasury Note 912828VC1 0.250% 02/28/14 05/15/16 1.13 0.397% $ 3,000,000.00 $ 2,990,156.25 Treasury Note 912828WM87 0.375% 03/13/15 05/31/16 1.17 0.387% $ 2,000,000.00 $ 1,999,687.50 Treasury Note 912828WM87 0.375% 05/31/14 05/31/16 1.17 0.375% $ 3,000,000.00 $ 2,999,999.89 Treasury Note 912828WQ9 0.500% 06/30/14 06/30/16 1.25 0.500% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828WX43 0.500% 07/31/14 07/31/16 1.34 0.523% $ 3,000,000.00 $ 2,998,628.97 Treasury Note 912828D64 0.500% 12/05/14 08/31/16 1.42 0.500% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828D64 0.500% 09/02/14 08/31/16 1.42 0.510% $ 3,000,000.00 $ 2,999,405.23 Treasury Note 912828147 0.500% 12/05/14 09/30/16 1.50 0.528% $ 3,000,000.00 $ 1,998,980.00 Treasury Note 912828147 0.500% 09/30/14 09/30/16 1.50 0.565% $ 2,000,000.00 $ 2,996,127.39 Treasury Note 912828188 0.375% 12/05/14 10/31/16 1.59 0.430% $ 3,000,000.00 $ 2,997,030.00 Treasury Note 912828188 0.375% 12/05/14 10/31/16 1.59 0.574% $ 2,000,000.00 $ 1,992,500.00 Treasury Note 912828874 0.625% 12/04/14 02/15/17 1.88 0.650% $ 3,000,000.00 $ 2,997,656.25 Treasury Note 912828TG5 0.500% 01/20/15 07/31/17 2.34 0.678% $ 3,000,000.00 $ 2,986,640.63 Treasury Note 912828874 0.625% 01/20/15 08/31/17 2.42 0.710% $ 3,000,000.00 $ 2,993,437.50 $ 119,000,000.00 $ 118,866,812.96 37.66% Regions Bank Money Market $26,115,861.71 8.27% TD Bank Money Market $30,053,697.72 9.52% Bank United Money Market $30,115,043.29 9.54% Harbor Community Bank CD $3,029,758.09 0.96% Total Unrestricted General Cash&Equivalents $304,150,383.91 Restricted Cash-Landfill FACC--Florida Local Govt Investment Trust-Landfill Closure&Postclosure Reserves-adjusted for fair mkt value $11,513,293.21 3.65% Total Pooled Cash&Equivalents $315,663,677.12 100 00% Restricted Cash-Health Insurance Wells Fargo-BCBS Claims Account $776,356.62 Citibank-BCBS Imprest Acct $84,000.00 Total Restricted Cash-Health Insurance $860,356.62 Restricted Cash-Bond Covenants(held by BNY/Mellon) Fidelity Institutional Treasury Money Market-Utilities Debt Service Reserve $18,034.36 N/A Treasury Note 912828VH0 0.375% 07/01/13 06/30/15 0.50 0.375% $1,592,000.00 $1,591,001.70 Treasury Note 912828A67 0.250% 12/31/13 12/31/15 1.00 0.357% $1,365,000.00 $1,365,218.40 Treasury Note 912828WQ9 0.500% 06/30/14 06/30/16 1.50 0.500% $1,470,000.00 $1,472,410.80 Treasury Note 912828G46 0.500% 12/01/14 11/30/16 1.92 0.530% $1,030,000.00 $1,030,484.10 Total Restricted Cash-adjusted for fair market value $5,477,149.36 Total Portfolio $322,001,183.10 Note:See separate investment report for OPEB funds. 32 2 of 2 Schedule 2 Indian River County,Florida Board of County Commissioners Investment By Maturity Date March 31,2015 03/31/15 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FHLB Disc 313384D29 0.070% 10/29/14 04/06/15 0.02 0.070% $ 2,000,000.00 $ 1,999,381.67 FFCB Bullet 3133EC4A9 0.300% 11/23/12 04/15/15 0.04 0.300% $ 2,000,000.00 $ 2,000,000.00 FFCB Disc 313312ER7 0.070% 10/29/14 04/22/15 0.06 0.070% $ 2,000,000.00 $ 1,999,270.83 Treasury Note 912828UY4 0.125% 04/30/13 04/30/15 0.08 0.210% $ 3,000,000.00 $ 2,994,913.35 Treasury Note 912828UY4 0.125% 12/13/13 04/30/15 0.08 0.210% $ 3,000,000.00 $ 2,996,484.38 $ 12,000,000.00 FFCB Bullet 3133ECNU4 0.220% 05/06/13 05/06/15 0.10 0.220% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828SU5 0.250% 12/06/12 05/15/15 0.12 0.269% $ 3,000,000.00 $ 2,998,593.75 Treasury Note 912828SU5 0.250% 11/29/12 05/15/15 0.12 0.291% $ 3,000,000.00 $ 2,996,953.13 Treasury Note 912828VD9 0.250% 05/03/13 05/31/15 0.17 0.260% $ 3,000,000.00 $ 2,999,401.94 $ 11,000,000.00 FFCB Bullet 3133EC6F6 0.350% 12/05/13 06/01/15 0.17 0.350% $ 2,000,000.00 $ 2,000,000.00 FNMA Disc 3135886027 0.065% 11/07/14 06/08/15 0.19 0.065% $ 2,000,000.00 $ 1,999,230.83 FHLB Bullet 3130A2FT8 0.125% 08/06/14 06/19/15 0.22 0.150% $ 2,000,000.00 $ 1,999,567.02 FNMA Disc 313588HE8 0.070% 10/31/14 06/22/15 0.23 0.071% $ 2,000,000.00 $ 1,999,090.00 FNMA Disc 313588H N8 0.070% 10/31/14 06/30/15 0.25 0.071% $ 2,000,000.00 $ 1,999,058.89 $ 10,000,000.00 FNMA Disc 313588HW85 0.075% 11/07/14 07/08/15 0.27 0.075% $ 2,000,000.00 $ 1,998,987.50 Treasury Note 912828TD2 0.250% 12/06/12 07/15/15 0.29 0.281% $ 3,000,000.00 $ 2,997,656.25 Treasury Note 912828TD2 0.250% 11/28/12 07/15/15 0.29 0.305% $ 3,000,000.00 $ 2,995,664.10 Treasury Note 912828VN7 0.250% 12/20/13 07/31/15 0.33 0.260% $ 3,000,000.00 $ 2,999,531.25 $ 11,000,000.00 FNMA Disc 313588KB02 0.110% 11/14/14 08/06/15 0.35 0.112% $ 2,000,000.00 $ 1,998,380.56 Treasury Note 9128287K6 0.250% 12/14/12 08/15/15 0.38 0.316% $ 3,000,000.00 $ 2,994,726.56 Treasury Note 9128287K6 0.250% 12/21/12 08/15/15 0.38 0.330% $ 3,000,000.00 $ 2,993,437.50 Treasury Note 912828VU1 0.375% 09/03/13 08/31/15 0.42 0.375% $ 3,000,000.00 $ 3,000,000.00 $ 11,000,000.00 FNMA Disc 313588117 0.120% 11/14/14 09/08/15 0.44 0.120% $ 2,000,000.00 $ 1,998,013.33 Treasury Note 912828TP5 0.250% 02/08/13 09/15/15 0.46 0.333% $ 3,000,000.00 $ 2,993,554.50 Treasury Note 912828TP5 0.250% 02/21/13 09/15/15 0.46 0.336% $ 3,000,000.00 $ 2,993,437.50 Treasury Note 912828VY3 0.250% 09/30/13 09/30/15 0.50 0.328% $ 3,000,000.00 $ 2,995,312.50 $ 11,000,000.00 FFCB Bullet 3133ED4A7 0.375% 10/07/13 10/07/15 0.52 0.375% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828TT7 0.250% 12/11/13 10/15/15 0.54 0.271% $ 3,000,000.00 $ 2,998,828.13 FHLMC Disc 313396NG48 0.170% 11/19/14 10/22/15 0.56 0.173% $ 2,000,000.00 $ 1,996,817.22 Treasury Note 912828W82 0.250% 10/31/13 10/31/15 0.59 0.300% $ 3,000,000.00 $ 2,997,000.00 Treasury Note 912828WB2 0.250% 12/13/13 10/31/15 0.59 0.302% $ 3,000,000.00 $ 2,997,070.31 $ 13,000,000.00 FFCB Bullet 3133E0616 0.350% 11/04/13 11/04/15 0.60 0.350% $ 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 FNMA Disc 3135889J64 0.210% 02/19/15 01/04/16 0.76 0.210% $ 2,000,000.00 $ 1,996,278.33 Treasury Note 912828UG3 0.375% 12/20/13 01/15/16 0.79 0.377% $ 3,000,000.00 $ 2,999,882.81 FNMA Disc 313588RZ07 0.170% 02/05/15 01/19/16 0.81 0.170% $ 2,000,000.00 $ 1,996,713.33 Treasury Note 912828841 0.375% 01/31/14 01/31/16 0.84 0.375% $ 3,000,000.00 $ 3,000,000.00 $ 10,000,000.00 FHLB Disc 3133845V22 0.280% 02/19/15 02/08/16 0.86 0.281% $ 2,000,000.00 $ 1,994,493.33 Treasury Note 912828UM0 0.375% 12/30/13 02/15/16 0.88 0.393% $ 3,000,000.00 $ 2,998,828.13 FHLMC Disc 313396TK9 0.250% 03/04/15 02/22/16 0.90 0.250% $ 2,000,000.00 $ 1,995,069.44 Treasury Note 912828B82 0.250% 12/15/14 02/29/16 0.92 0.300% $ 3,000,000.00 $ 2,998,125.00 Treasury Note 912828882 0.250% 12/05/14 02/29/16 0.92 0.263% $ 3,000,000.00 $ 2,999,531.25 Treasury Note 912828882 0.250% 02/28/14 02/29/16 0.92 0.320% $ 3,000,000.00 $ 2,995,816.74 $ 16,000,000.00 FFCB Callable 3133EDGM8 0.350% 03/10/14 03/10/16 0.95 0.350% $ 2,000,000.00 $ 2,000,000,00 Treasury Note 912828US7 0.375% 12/30/13 03/15/16 0.96 0.428% $ 3,000,000.00 $ 2,996,484.38 Treasury Note 912828C40 0.375% 03/31/14 03/31/16 1.00 0.450% $ 3,000,000.00 $ 2,995,525.20 $ 8,000,000.00 Treasury Note 912828UW8 0.250% 02/28/14 04/15/16 1.04 0.372% $ 3,000,000.00 $ 2,992,148.44 Treasury Note 912828UW8 0.250% 12/10/14 04/15/16 1.04 0.337% $ 2,000,000.00 $ 1,997,656.25 FFCB Bullet 3133EDEC2 0.550% 01/28/14 04/28/16 1.08 0.550% $ 2,000,000.00 $ 2,000,000.00 $ 7,000,000.00 Treasury Note 912828VC1 0.250% 02/28/14 05/15/16 1.13 0.397% $ 3,000,000.00 $ 2,990,156.25 FHLMC Callable 3134G5312 0.550% 05/20/14 05/20/16 1.14 0.550% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G4UW6 0.500% 02/27/14 05/27/16 1.16 0.500% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828WM8 0.375% 03/13/15 05/31/16 1.17 0.387% $ 2,000,000.00 $ 1,999,687.50 Treasury Note 912828WM8 0.375% 05/31/14 05/31/16 1.17 0.375% $ 3,000,000.00 $ 2,999,999.89 $ 12,000,000.00 FFCB Bullet 3133EDMN9 0.375% 06/02/14 06/02/16 1.18 0.375% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EDGH9 0.430% 03/06/14 06/06/16 1.19 0.430% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A23M6 0.450% 06/17/14 06/17/16 1.22 0.450% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A15F1 0.500% 03/27/14 06/27/16 1.24 0.500% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828WQ9 0.500% 06/30/14 06/30/16 1.25 0.500% $ 3,000,000.00 $ 3,000,000.00 $ 11,000,000.00 FHLMC-1X Call 313464YR3 0.550% 04/08/14 07/08/16 1.27 0.550% $ 2,000,000.00 $ 2,000,000.00 FHLB-1X Call 3130A1EN4 0.500% 04/15/14 07/15/16 1.29 0.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G5C29 0.600% 07/22/14 07/22/16 1.31 0.600% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828WX4 0.500% 07/31/14 07/31/16 1.34 0.523% $ 3,000,000.00 $ 2,998,628.97 $ 9,000,000.00 FFCB Callable 3133EDF31 0.570% 03/18/15 08/11/16 1.37 0.570% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828064 0.500% 12/05/14 08/31/16 1.42 0.500% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828D64 0.500% 09/02/14 08/31/16 1.42 0.510% $ 3,000,000.00 $ 2,999,405.23 $ 8,000,000.00 FFCB Bullet 3133EEND8 0.420% 03/27/15 09/06/16 1.44 0.460% $ 2,000,000.00 $ 1,998,857.86 FHLB Callable 3130A24J2 0.520% 06/12/14 09/12/16 1.45 0.520% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G5HA6 0.700% 09/19/14 09/19/16 1.47 0.700% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828F47 0.500% 12/05/14 09/30/16 1.50 0.528% $ 2,000,000.00 $ 1,998,980.00 Treasury Note 912828F47 0.500% 09/30/14 09/30/16 1.50 0.565% $ 3,000,000.00 $ 2,996,127.39 $ 11,000,000.00 FHLB -1X Call 3130A3V35 0.750% 01/28/15 10/28/16 1.58 0.750% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828F88 0.375% 01/15/15 10/31/16 1.59 0.431% $ 3,000,000.00 $ 2,997,030.00 33 1oft Schedule 2 Indian River County,Florida Board of County Commissioners Investment By Maturity Date March 31,2015 03/31/15 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow Treasury Note 912828F88 0.375% 12/08/14 10/31/16 1.59 0.574% $ 2,000,000.00 $ 1,992,500.00 $ 7,000,000.00 FHLMC Callable 3134G6AA1 0.700% 01/30/15 01/30/17 1.84 0.700% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EEAEO 0.680% 10/30/14 01/30/17 1.84 0.680% $ 2,000,000.00 $ 2,000,000.00 $ 4,000,000.00 Treasury Note 912828874 0.625% 12/04/14 02/15/17 1.88 0.650% $ 3,000,000.00 $ 2,997,656.25 FHLB -1X Call 3130A3GX6 0.750% 11/24/14 02/24/17 1.91 0.750% $ 2,000,000.00 $ 2,000,000.00 FHLMC-1X Call 3134G5NY7 0.750% 11/28/14 02/28/17 1.92 0.750% $ 3,000,000.00 $ 3,000,000.00 $ 8,000,000.00 FHLMC Callable 313465081 0.850% 12/10/14 03/10/17 1.95 0.850% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3134A4GT3 0.800% 03/17/15 03/17/17 1.96 0.800% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G5SF3 0.850% 12/24/14 03/24/17 1.98 0.850% $ 3,000,000.00 $ 3,000,000.00 $ 7,000,000.00 FHLMC Callable 3134G5WR2 1.000% 01/13/15 04/13/17 2.04 1.000% $ 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A3ZN7 0.850% 02/19/15 05/19/17 2.14 0.850% $ 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 FHLB -1X Call 3130A3PZ1 1.000% 12/30/14 06/30/17 2.25 1.000% $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828TG5 0.500% 01/20/15 07/31/17 2.34 0.678% $ 3,000,000.00 $ 2,986,640.63 $ 3,000,000.00 Treasury Note 912828874 0.625% 01/20/15 08/31/17 2.42 0.710% $ 3,000,000.00 $ 2,993,437.50 $ 3,000,000.00 FHLB 3130A4K92 1.050% 03/30/15 09/29/17 2.50 1.050% $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 Sub Total-General Investments $ 215,000,000.00 $ 214,836,023.10 $ 215,000,000.00 Regions Bank Money Market $26,115,861.71 TD Bank Money Market $30,053,697.72 Bank United Money Market $30,115,043.29 Harbor Community Bank CD $3,029,758.09 Total Unrestricted General Cash&Equivalents $ 304,150,383.91 Restricted Cash-Landfill FACC--Florida Local Govt Investment Trust-Landfill Closure&Postclosure Reserves-adjusted for fair mkt value $11,513,293.21 Total Pooled Cash&Equivalents $315,663,677.12 Restricted Cash-Health Insurance Wells Fargo-BCBS Claims Account $776,356.62 Citibank-BCBS Imprest Acct $84,000.00 Total Restricted Cash-Health Insurance $860,356.62 Restricted Cash-Bond Covenants(held by BNY/Mellon) Fidelity Institutional Treasury Money Market-Utilities Debt Service Reserve $18,034.36 Treasury Note 912828VH0 0.375% 07/01/13 06/30/15 0.50 0.375% $1,592,000.00 $1,591,001.70 Treasury Note 912828A67 0.250% 12/31/13 12/31/15 1.00 0.357% $1,365,000.00 $1,365,218.40 Treasury Note 912828WQ9 0.500% 06/30/14 06/30/16 1.50 0.500% $1,470,000.00 $1,472,410.80 Treasury Note 912828G46 0.500% 12/01/14 11/30/16 1.92 0.530% $1,030,000.00 $1,030,484.10 Total Restricted Cash-adjusted for fair market value $5,477,149.36 Total Portfolio $322,001,183.10 Note:See separate investment report for OPEB funds. 34 2 of 2 Schedule 3 Indian River County Portfolio By Maturity Date March 31, 2015 $250,000,000 $219,559,376 $200,000,000 $150,000,000 $100,000,000 $86,461,729 $50,000,000 $15,980,078 $0 0-12 Months 13-24 Months 25-36 Months Total Portfolio $322,001,183 35 Schedule 4 Indian River County Portfolio By Type March 31, 2015 FFCB 8.24% FLGIT-Landfill 3.65% FHLB 8.87% Treasury Notes 37.66% 8.23% Regions$Mkt 8 27% 1111111 11,e- FNMA5.06% TD Bank$Mkt 9.52% Harbor Comm $Mkt 0.96% _BankUnited $ Mkt 9.54% 36 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending March 31,2015 PURCHASES: Investment Description Yield to Maturity Purchase Date Call Date Maturity Date Par Amount Book Value FHLMC Callable 1.00% 01/13/15 04/13/15 04/13/17 $2,000,000 $2,000,000.00 Treasury Note 0.38% 01/15/15 10/31/16 $3,000,000 $2,997,030.00 Treasury Note 0.68% 01/20/15 07/31/17 $3,000,000 $2,986,640.63 Treasury Note 0.71% 01/20/15 08/31/17 $3,000,000 $2,993,437.50 FHLB -1X 0.75% 01/28/15 04/28/15 10/28/16 $2,000,000 $2,000,000.00 FHLMC Callable 0.70% 01/30/15 07/30/15 01/30/17 $2,000,000 $2,000,000.00 FNMA Disc 0.17% 02/05/15 01/19/16 $2,000,000 $1,996,713.33 FNMA Disc 0.21% 02/19/15 01/04/16 $2,000,000 $1,996,278.33 FHLB Disc 0.28% 02/19/15 02/08/16 $2,000,000 $1,994,493.33 FHLB Callable 0.85% 02/19/15 05/19/15 05/19/17 $2,000,000 $2,000,000.00 FHLMC Disc 0.25% 03/04/15 02/22/16 $2,000,000 $1,995,069.44 Treasury Note 0.39% 03/13/15 05/31/16 $2,000,000 $1,999,687.50 FHLB Callable 0.80% 03/17/15 03/17/16 03/17/17 $2,000,000 $2,000,000.00 FFCB Callable 0.57% 03/18/15 03/24/15 08/11/16 $2,000,000 $2,000,000.00 FFCB Bullet 0.42% 03/27/15 09/06/16 $2,000,000 $1,998,857.86 FHLB-1X 1.05% 03/30/15 03/30/16 09/30/17 $3,000,000 $3,000,000.00 16 $36,000,000 $35,958,207.92 MATURITIES: Investment Early Description Yield to Maturity Purchase Date Call Date Maturity Date Par Amount Book Value FHLB Disc 0.14% 01/22/14 01/09/15 $3,000,000 $2,995,893.33 FHLB Callable 0.80% 10/14/14 01/14/15 10/11/16 $2,000,000 $2,000,000.00 Treasury Note 0.25% 11/20/12 01/15/15 $3,000,000 $2,999,765.70 Treasury Note 0.25% 12/06/12 01/15/15 $3,000,000 $2,999,765.63 FFCB Bullet 0.45% 02/14/13 01/30/15 $2,000,000 $2,000,000.00 Treasury Note 0.25% 01/31/13 01/31/15 $3,000,000 $2,999,401.94 FFCB Bullet 0.28% 02/04/13 02/04/15 $2,000,000 $2,000,000.00 Treasury Note 0.27% 11/16/12 02/15/15 $3,000,000 $2,998,359.38 Treasury Note 0.26% 12/06/12 02/15/15 $3,000,000 $2,999,296.88 FHLB Callable 0.60% 08/26/14 02/27/15 08/26/16 $2,000,000 $2,000,000.00 Treasury Note 0.25% 02/28/13 02/28/15 $3,000,000 $3,000,000.00 FNMA Disc 0.08% 08/07/14 03/04/15 $2,000,000 $1,999,071.11 FNMA Disc 0.10% 08/12/14 03/11/15 $2,000,000 $1,998,886.39 FFCB Bullet 0.33% 12/03/12 03/16/15 $2,000,000 $2,000,000.00 FHLMC Disc 0.10% 08/13/14 03/23/15 $2,000,000 $1,998,766.67 Treasury Note 0.25% 04/01/13 03/31/15 $3,000,000 $2,999,999.97 16 $40,000,000 $39,989,207.00 Reconciliation of Bonds Only: Beginning portfolio(12/31/14) $218,867,022.18 Total purchased 16 securities $35,958,207.92 Total matured 16 securities ($39,989,207.00) Ending portfolio for quarter(03/31/15) $214,836,023.10 37 1 of 1 Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years March 31, 2015 Fiscal Year 2009-2010 Fiscal Year 2010-2011 Fiscal Year 2011-2012 Net Change Month End Bal* Net Change Month End Bal* Net Change Month End Bal* October $ (10,950,456) $ 272,116,477 $ (8,787,313) $ 286,139,875 $ (7,163,713) $ 299,325,098 November $ 7,883,140 $ 279,999,617 $ 18,859,033 $ 304,998,908 $ 15,743,556 $ 315,068,654 December $ 40,850,830 $ 320,850,447 $ 30,880,676 $ 335,879,584 $ 31,679,255 $ 346,747,909 January $ 4,043,995 $ 324,894,442 $ 4,920,377 $ 340,799,961 $ 540,328 $ 347,288,237 February $ (504,420) $ 324,390,022 $ 337,406 $ 341,137,367 $ (3,953,214) $ 343,335,023 March $ (638,064) $ 323,751,958 $ (3,074,474) $ 338,062,893 $ (4,018,678) $ 339,316,345 April $ (4,484,423) $ 319,267,535 $ (4,427,870) $ 333,635,023 $ (6,018,427) $ 333,297,918 May $ (6,148,366) $ 313,119,169 $ (5,688,925) $ 327,946,098 $ (5,148,326) $ 328,149,592 June $ (2,654,283) $ 310,464,886 $ (8,844,978) $ 319,101,120 $ (12,048,463) $ 316,101,129 July $ (3,283,074) $ 307,181,812 $ (5,588,302) $ 313,512,818 $ (5,284,467) $ 310,816,662 August $ (8,924,384) $ 298,257,428 $ (1,382,203) $ 312,130,615 $ (10,999,198) $ 299,817,464 September $ (3,330,240) $ 294,927,188 $ (5,641,804) $ 306,488,811 $ (1,512,399) $ 298,305,065 Net cash flow $ 11,860,255 $ 11,561,623 $ (8,183,746) Fiscal Year 2012-2013 Fiscal Year 2013-2014 Fiscal Year 2014-2015 Net Change Month End Bal* Net Change Month End Bal* Net Change Month End Bal* October $ (4,325,867) $ 293,979,198 $ (7,076,226) $ 291,236,824 $ (10,422,694) $ 287,937,696 November $ 16,251,425 $ 310,230,623 $ 13,411,135 $ 304,647,959 $ 19,342,864 $ 307,280,560 December $ 29,931,173 $ 340,161,796 $ 33,565,914 $ 338,213,873 $ 35,786,179 $ 343,066,739 January $ 130,635 $ 340,292,431 $ (1,632,096) $ 336,581,777 $ (285,799) $ 342,780,940 February $ (2,486,081) $ 337,806,350 $ (1,988,485) $ 334,593,292 $ (2,801,802) $ 339,979,138 March $ (2,787,582) $ 335,018,768 $ (474,129) $ 334,119,163 $ 281,107 $ 340,260,245 April $ (8,244,064) $ 326,774,704 $ (6,034,807) $ 328,084,356 May $ (4,598,588) $ 322,176,116 $ (5,237,557) $ 322,846,799 June $ (4,334,609) $ 317,841,507 $ (11,441,367) $ 311,405,432 July $ (4,470,572) $ 313,370,935 $ (3,166,797) $ 308,238,635 August $ (10,017,849) $ 303,353,086 $ (8,103,393) $ 300,135,242 September $ (5,040,036) $ 298,313,050 $ (1,774,852) $ 298,360,390 Net cash flow $ 7,985 $ 47,340 $ 41,899,855 *Schedule represents total assets in 801 fund-including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments -see separate report. 38 Y eeeeeeeeeeee e 6f e eeeeeats *NNGVN m m C.> W W W W W 0NN V M NMN NNNNM.-0. + E m C }mw J 666666666666 000O0OOO000O 666666 d C m mOO eeeeeeeeeeee eeeeeeeeeeee eeeeee 0 M O 222 0 MW�V nM , Mm W-N n NfnNnN W W :7M Nun9 666666666666 000000000000 666666 >cc E 00) +-ON10n N U)nW 0 N Mn W m 0MO N N.- 0030104h-0 1++.T.-yp WNO0NS <rO.-00((0OWO)0NNN)W0)nQ ,- OMOGDOoM dMO0002m OM NN pODr NOOWONMNN Wn O0n7mM C F .3,66,63.9.9..., e9 Vi 19 03 V)69 69 69 Vi 03 Vi er 69 V)V9 69 w e9 m C eeeeeeeeeeee eeeeeeeeeeee eeeeee j N N N N N N m m m m N W m N N M M M M M W W m m Cm M M M M 0 K 666666666666 OOOOOOOOOOOO 666666 cc m `V N N WN NW NW NW NW N A M M o NN NNNMr IiMM VM0 PP0m Nm !NNNNNNNNNN VVVM.OYOOrPh P+Y-WMCDCAE 5 C W 19 03 03 03 03 03 03 03 03 03 03 03 03 03 03 et 03 03 03 03 03 03 03 03 03 03 03 03 N ea 1---- C j eeeeeeeeeeee oeeo6e =V m M W W V M N N 0 W m m m m N.n n n 0 o 0 0 0 0 0 0 0<<<<<< Q< ., >. 0 0 0 0 0 0 0 0 0 0 o O O O o 0 0 o Z Z Z Z Z z Z Z Z Z Z Z 00 i° -m O M 0 0 M 0 0.0 W 9 A.2.7122".-(0 0 0p 0 N u mE mmWMnMVOmW0n ,, ,,c),,,"°<<<<<< <<<<<< 00 0mm zzzzzZ zz z z z Z CW o w Vs V)Vi Vi Vi Vi Vi 69 6A Vi 69 Vi Vi Vi Vi Vi eeeeeeeeeeee eeeeeeeeeeee eeeeee = E O((pp m pp U)M M m(O U)N m M O n n W n p V N U)n U)p N =N C J O)O M V 1A U) V M N U)V N 0 V M n O n 0(O W W N n 10 m O m .N.- 0000 00000000.-O O 000000 47. 2c4C m Wljp O(p Npo p Op Q pH "y M+-MQWUr 0U)W O)NNnoNON(0O • 0 0 N 0 N M 0 PE V m N W M W V U)N W W O M V O O)U)m N W N M M N N N LL CW . .-N0)N"N N,-+N+- .....vN. 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E m 2 -V 0-M(O O C'')U)N O)r M W A 8g."7,32 C D)C o d 0- E .O , n W W W W W W W C4 m<<<<<<<< <<<<<< O�(U d N Cw zZzzzzzz zzzzz OQf 1p V Eo 6969030303 030303 696903 03 19031903 C y V LL U 2 c E 000000060000 0000060000040 006660 ;157'.2' 3,) m J W W W U)o o N W W o o U) W o o o W W o U)o W W o U)N N N W o m m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N1-04,C.0 , '3 666666666666 000000000000 666666 ▪ E p m O C N lL m C p (p (p(p 9 p ppa> m C_V y d m n o O M V N V r(o N ',...v--co NV W M O N'NV GD o(no m V ,O M sr O o 8..6'6E023--- g.:-.9u- y `m E N M N N N N N N N N N N N N N N N N N N N N N N N N M N N M .13 C g IW o€ Ovw Vi w 03 M 03 69 Vi w 19 M 69 Vi Vi w 69 f9 03 t9 03 03 03 03 03 e9 69(00,0)6169 - m >-') m eeeeeeeeeeee eeeeeeeeeeee eeeeee W m Em m a U 2 4';. :-12;;c7)M M COY NNN N NN(:-12222 M 0))0)0) a c M}O O 0 L 6.8' O 2 m 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '- E E-c, v < Z $ o >,5 �+ 7 GC m N N n N M( mO O)0)(WMp m Q 40 N n MN o NN V M o rQ(0 C E cyN --V Wm VMW01O) ONNnV W + n+n Ft J OWINW VMNaMNAWW NW �MGDmWW oO N• mU y C ?' CvB e C W m 1�49 0 0 0 03 19 03 03 03 0319 03 0. 9. 03 03 03 03 03 03 03 03 03 03 03 03 03 03 03 03 03 03 '- p N N N M M M M M M M M M 0)0)0)99999.9.999 V V V U)W U) E Y m 0 mm 6 gZOMM' �Z0m M- $ ,0 ZOMtewm4gmm m 39 Z,-NMVUWL Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of March 31, 2015 Pooled Investments General Fund $ 66,705,343 Special Revenue Funds $ 65,808,399 Debt Service Funds $ 6,695,057 Capital Project Funds $ 58,606,710 Solid Waste Funds $ 29,791,376 Golf Course Fund $ 913,831 Building Fund $ 5,473,563 Utilities Funds $ 72,441,240 Fleet Fund $ 133,566 Insurance Funds $ 29,760,542 GIS Fund $ 1,731,322 Escrow Funds $ 2,199,296 Total Investments $ 340,260,245 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Schedule does not include OPEB investments - see separate report. 40 g JEFFREY R. SMITH, CPA, CGFO, CGMA <�. Clerk of Circuit Court&Comptroller ` or eck Finance Department c:-8.:‘ 1801 27th Street Vero Beach,FL 32960ww... Telephone:(772)226-1945 TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Diane Bernardo, Finance Director �! j THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller•! DATE: April 24, 2015 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 03/31/2015 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the second quarter of this fiscal year. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on April 23, 2015. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. Indian River County Approved Date Administrator f� y�30//5 County Attorney Ii. Budget 4/27(t5 Department Risk Management 41 Y a) a E In L L L L L VIL E m C C C C C c u `.- O 0 0 0 0 O E EEEE E CO E t0 tO LID LID t0 tO 0 0 0 0 0 0 0 0 0 0 . 0 0 0 0 .� O l0 N 0 M * « n COC 0 0 tO Ll0 0 m .-1 0 t0 V0 O O acr C O O O N min N6 m6 O W .--i O Oa) 0Cl r 0 0 N .--1 In N1-1 V '"1 0 O E O Ti N O M N 4a ` fp 1-1 u ~ ~ ~ u of U IA 3 c m i Q o ate+ r.„1 Q w.- 14. Y 02) 1� N M 00 m CO m m .-1 O D l0 m IDc ` 0 0 0 0 0 0 T M ti 0 0 Cl N V N C m m N N M 0 N N E O O OM cl 0 1, Lo g r C 1n of l0 v N 0 01 01O l 0 N 1.0 a a m CJ t N N n .-i oo N N V V1 1: m N Vl W t0 M ate+ al O a .--1 O N N 3 CO U s. ? N N N O o1 0o t0 t0 0 1, 01 0 m m .-1 CO OC O L .-1 a m 01 m m 1, M V V V1 m N N m Cl yyj V C f5 O ... > M N N Q .--I to N .--1 N iti ..v L d ` 0 to Lf V? to in V? V? V? to V/ V? V? V? 4.4 to 0 > W a) CC 0 'a Z _ C o C °' "' a �a u, t m v 00 v a _ ° `° _ a -o N a) cu X al O Y `1 a0 ' v ° N CO VI0. VO1 (r) o ( u c O G a X v W F- v L ? A N v 6-) 1,0 d -o al p v O F- y > c Vf « O m > C 1.1 cC F C C a E a O cC 0 v H > O a7 C L O tv C fao U _0 H E 1n L a N rts ° .--1 E ° .0 v L m m o o O v vn o w 61 v ? 0 0 ° x E o N a) v ° o 40 0. a`o Q u d C aai a. o� ° 1n v v1 a. LL w a ° m E a po H tt 3 v o v w v .Ln E c c d £ oo o o2 0 0 G Y ~ 7 a 7 7 w 7 7 ii CO CO (aj O a 'a ~ H i , ' J a. N v to w o0 e0 00 00 , 00 00 00 « 2 o t m Y m }o A A O c en c c o c c \ c c 0 C 0 o g '88-515 « « o -0 j a H a a 0 a a 0 a CO 0 O O Q L 0 0 0 0 0 O o LL H > LL > > 111 > > v > > .--1 J a N J 1 H F- H H N N « « •L N C « v u V C 01 v « > O7 Z 0) v c O d a 0 w CZ N 3 X 0 a a dzs, w ii U e 0 0 a 0 W 1n V .-1 C C F- E 0 = v fa a. 42 if-,'?..IN BNY MELLON The Bank of New York Melton Trust Company,N.A. INDIAN RIVER COUNTY Account Statement FINANCE DIRECTOR 1801 27TH STREET BLDG A Statement Period 03/01/2015 Through 03/31/2015 VERO BEACH,FL 32960-3388 Account INDIAN RIVER CO OPEB TRUST CLIENT SERVICE MANAGER:CLAYTON WOODARD Go Paperless.Securely access your account online to view your statements. 10161 CENTURION PARKWAY Ask your BNY Mellon contact how we can help you access your accounts,enter JACKSONVILLE,FL 32256 your own transactions or submit an audit confirmation online.Also be sure to 904-998-4743 ask how Connect(SM),our new web-based,single sign-on platform can help you CLAYTON.WOODARD@BNYMELLON.COM go paperless. Visit us at www.bnymellon.com Account Overview Percent of all Investments Asset Classification Market Value 94% 0 OTHER 14,936,418.93 6% 0 CASH AND SHORT TERM 977,507.23 100% TOTAL OF ALL INVESTMENTS 15,913,926.16 Summary of Assets Held Asset Classification Market Value Cost Accrued Income Est Annual Income Market Yield OTHER 14,936,418.93 10,987,438.86 0.00 0.00 0.00% CASH AND SHORT TERM 977,507.23 977,507.23 0.00 0.00 0.00% ACCOUNT TOTALS 15,913,926.16 11,964,946.09 0.00 0.00 0.00% Summary of Cash Transactions Current Period Year-to-Date Realized Transaction Category Income Principal Gains/Losses Income Principal OPENING BALANCE 0.00 0.00 0.00 0.00 DIVIDENDS 29,483.35 4,004.08 - 0.00 29,483.35 4,004.08- SALES AND REDEMPTIONS 0.00 87,170.00 0.00 0.00 259,260.00 OTHER CASH ADDITIONS 1.61 248,090.00 0.00 1.61 496,180.00 OTHER CASH DISBURSEMENTS 0.00 1,125.00- 0.00 0.00 1,125.00- PURCHASES 5.58- 359,610.30- 0.00 5.58 - 779,790.30- CLOSING BALANCE 0.00 0.00 0.00 0.00 0.00 The above cash transactions summary is provided for information purposes only and may not reflect actual taxable income or deductible expenses as reportable under the Internal Revenue Code. A a 8 0 0 2 O u w J 43 Page 15 of 22 Page 1 of 6 JEFFREY R. SMITH, CPA, CGFO, CGMA ;M , Clerk of Circuit Court&Comptroller ° c°4,�T, Finance Department ` `'' ) 1801 27th Street VAVIO Vero Beach,FL 32960 Telephone: (772)226-1945 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director A,Clq THRU: Jeffrey R. Smith,Clerk of the Circuit Court and Comptroller; DATE: April 24,2015 SUBJECT: Change in Investment Policy BACKGROUND During the Investment Advisory Committee on April 23,2015, one change was made to the Investment Policy. We are requesting the following sentence be changed to our investment policy: OLD: 1. Page 4, Section VIII—Portfolio Composition, Risk and Diversification "No more than 10%of the portfolio may be placed in certificates of deposit with a Qualified Public Depository(and collateralized in accordance with State requirements) and no more than $3 million of the portfolio may be placed in certificates of deposit with any one fmancial institution." NEW: 2. Page 4, Section VIII—Portfolio Composition, Risk and Diversification "No more than 10%of the portfolio may be placed in certificates of deposit with a Qualified Public Depository(and collateralized in accordance with State requirements) and no more than$6 million of the portfolio may be placed in certificates of deposit with any one financial institution." RECOMMENDATION Staff recommends that the Board of County Commissioners accept the Investment Policy change.Attached is a complete investment policy for reference. Indian River County Approved Date Administrator •' y/ 1/J County Attorney �"— Budget (` 4(27(15 Department Risk Management 44 INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners INVESTMENT POLICY for SURPLUS FUNDS evEle° ,9omit �Ic •� )64 Ic ' 4)RtoA Prepared by the Clerk of the Circuit Court As amended by the Board of County Commissioners Revised April 23, 2015 45 INDIAN RIVER COUNTY, FLORIDA INVESTMENT POLICY TABLE OF CONTENTS I. OVERVIEW AND PURPOSE 1 II. OBJECTIVES 1 III. DELEGATION OF AUTHORITY AND OVERSIGHT PROCEDURES 2 IV. PRUDENCE 2 V. AUTHORIZED INVESTMENTS 3 VI. MATURITY AND LIQUIDITY 3 VII. PERFORMANCE MEASURES 4 VIII. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION 4 IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS 4 X. SAFEKEEPING AND CUSTODY 5 XI. MASTER REPURCHASE AGREEMENT 5 XII. BID REQUIREMENTS 5 XIII. INTERNAL CONTROLS 6 XIV. REPORTING 6 XV. CONTINUING EDUCATION 6 APPENDIX A MASTER REPURCHASE AGREEMENT APPENDIX B ANNEX I APPENDIX C ASSOCIATION FOR INVESTMENT MANAGEMENT RESEARCH PERFORMANCE PRESENTATION STANDARDS 46 I. OVERVIEW AND PURPOSE This investment policy applies to all surplus monetary assets of Indian River County except 1.) debt proceeds, 2.) demand deposits covered by banking agreements, and 3.) monetary assets held by other entities on behalf of the County. Indian River County often has funds available in excess of those required to meet short- term expenses (surplus funds). It is in the best interest of the citizens of Indian River County that an investment policy be established to provide guidelines for the investment of those surplus funds in such a manner as to preserve the safety and liquidity of those funds and to provide a competitive return on investments consistent with proper safeguards for the handling of government funds. The investment policy must comply with all applicable State laws regarding investment of public monies. The purpose of this document is to provide the Clerk of the Circuit Court, who is responsible for the investment of County surplus funds, a set of procedures and guidelines for investment selection and monitoring of invested funds. Investment objectives, performance measurement, prudence and ethical standards, authorized investments, maturity and liquidity requirements, portfolio composition, risk and diversification, authorized investment institutions and dealers, third party custodial agreements, master repurchase agreements, bid requirements, internal controls, reporting and continuing education will be established by this investment policy and serve as the framework for all investment activities. II. OBJECTIVES The primary objectives of investment activities carried out by the Clerk shall be the following in order of importance: 1. To preserve capital in the overall portfolio and to maintain the safety of principal; 2. To remain sufficiently liquid to meet disbursement requirements that might be reasonably anticipated; and 3. To manage the investment portfolio to provide a competitive return consistent with objectives in Items 1 and 2 and other risk limitations described in this policy. The highest priority of all investment activities shall be the safety of principal and liquidity of funds. The optimization of investment returns shall be secondary to the requirements for safety and liquidity. 1 47 III. DELEGATION OF AUTHORITY AND OVERSIGHT PROCEDURES 1. The responsibility for conducting investment transactions rests with the Clerk of the Circuit Court. The Clerk may delegate the responsibility for day-to-day investment decisions to deputy clerks. The Finance Director will provide investment information to the Clerk concerning investment decisions made by deputy clerks managing the investments. 2. An Investment Advisory Committee consisting of the Clerk of the Circuit Court, the Finance Director, the County Administrator or his designee and at least two citizens selected by the Clerk shall meet regularly (at least quarterly) to evaluate investment performance of the County's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to prepare reports for the Board of County Commissioners. The Committee will recommend appropriate investment policies and procedures for all investment activities carried out by the Clerk. The Committee will perform an annual review of those investment policies and procedures. 3. The Clerk may use professional money management to assist in the investment of County surplus funds consistent with this policy. If such management is employed they shall act in a co-fiduciary relationship with the Clerk to insure that ample liquidity is maintained to meet County cash flow requirements. Money managers are required to provide investment strategy reviews to the Investment Advisory Committee quarterly or more frequently if requested. Money managers shall provide portfolio valuations monthly or more frequently if requested. An outside consultant may be utilized to evaluate investment performance of outside money managers. Performance figures will be calculated net of all fees and commissions. The consultant will provide comparative performance analysis on money managers to the Investment Advisory Committee quarterly. Money managers' performance, calculated in accordance with the Association of Investment Management and Research (AIMR) performance presentation standards (Attachment C), will be compared to standard benchmarks. IV. PRUDENCE The standard of prudence to be applied by the Clerk shall be the "Prudent Person Rule" which states, "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." The Prudent Person Rule shall be applied in the context of managing the overall portfolio. The Clerk, in accordance with Section 218.415 of the Florida Statutes and County procedures, will exercise due diligence. The Clerk will follow these policies and procedures. He will work with the Finance Director who will report to him any individual security's credit risk or market price change and recommend appropriate action be taken to control adverse developments. 2 48 V. AUTHORIZED INVESTMENTS Authorized investments shall be subject to restrictions as may be imposed by law (Section 218.415 of Florida Statutes). Funds will only be invested in the following securities: 1. Direct obligations of the United States Treasury; 2. State of Florida Local Government Surplus Funds Trust Fund (SBA) for existing funds only; or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in FS 163.01. 3. Florida Local Government Investment Trust Fund (FLGIT); 4. Interest-bearing time deposits or savings accounts in qualified public depositories as defined in Section 280.02, Florida Statutes; 5. Federal agencies and instrumentalities; 6. Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; 7. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; or 8. Repurchase agreements with a term of one (1) year of less collateralized by direct obligations of the United States Government which have maturities of three (3) years or less and a market value of 103% or more of the repurchase amount; 9. Derivatives (defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or index or asset values), reverse repurchase agreements, or similar forms of leverage are prohibited; 10. Premiums will not be paid for any investments. All investments will be purchased at par or at a discount. VI. MATURITY AND LIQUIDITY County investments shall be managed to maintain liquidity for meeting the County's need for cash and to limit potential market risks. To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. 3 49 VII. PERFORMANCE MEASURES The yield of the one-year Treasury at a constant, fixed maturity is established as the benchmark for investment of County funds. The actual performance of the portfolio may vary depending on changes in interest rates. VIII. PORTFOLIO COMPOSITION,RISK AND DIVERSIFICATION The following are the guidelines for investments and limits on security issues, issuers and maturities as established by the County. The Investment Advisory Committee shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. With the exception of United States Treasury Obligations, no more than 20% of the entire portfolio shall be invested in any one issuer. No more than 10% of the portfolio may be placed in certificates of deposit with a Qualified Public Depository (and collateralized in accordance with State requirements) and no more than $6 million of the portfolio may be placed in certificates of deposit with any one financial institution. No more than 10% of the portfolio may be placed in any one money market fund, mutual fund, or intergovernmental investment pool. All investments must have stated maturities of ten (10) years or less and no more than 25% of the portfolio shall be invested in instruments with stated final maturities greater than five (5) years. The portfolio shall have securities with varying maturities and at least 10% of the portfolio shall be invested in readily available funds. IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS Purchases and sales of authorized investments will only be made through financial institutions that are qualified as public depositories by the Chief Financial Officer of the State of Florida or are "primary dealers" as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities and Exchange Commission Rule 15C3 (Uniform Net Capital Rule). The Investment Advisory Committee must approve all brokers and dealers who desire to transact trades with the County. All brokers and dealers who desire to transact trades with the County must provide the Finance Director with the following: A. Audited financial statements, B. Proof of National Association of Security Dealers certification, C. Proof of state registration, when required, and D. Certification of having read the County Investment Policy. Brokers and dealers who have been approved by the Investment Advisory Committee must provide annual audited financial statements to the Finance Director. The Investment Advisory Committee will annually review the list of approved institutions and brokers. 4 50 X. SAFEKEEPING AND CUSTODY All securities purchased by the Clerk shall be properly designated as an asset of the County and held in safekeeping by a third party custodial bank, chartered by the United States Government or the State of Florida, and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the Finance Director or his designee. The Clerk will execute third party custodial agreements with banks. Such agreements will include details as to the responsibilities of each party, the costs to be borne by each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, and procedures in case of unforeseen mishaps. XI. MASTER REPURCHASE AGREEMENT The Clerk will require all approved brokers and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions will adhere to requirements of the Master Repurchase Agreement (Attachment A) and Annex I (Attachment B). XII. BID REQUIREMENTS After the Finance Director has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three qualified brokers and/or dealers will be contacted and asked to provide bids on the securities in question. In most situations the competitive bid process shall be utilized, except when securities are purchased as an initial offering. The Finance Director will choose the appropriate brokers or dealers from among those on the approved broker/dealer list based on expertise, competitiveness and the ability to execute the transaction and deliver the securities on a timely basis. A minimum of three (3) bids will be obtained. 1. Bids will be held in confidence until the best bid is determined and awarded, 2. Documentation will be retained for all bids, with the winning bid clearly identified, 3. If for any reason the highest bid (on sales of investments) or the lowest bid (on purchases of investments) is not selected, then the reasons leading to that decision will be clearly documented, 4. If the maturing investment is a certificate of deposit, the present holder of the funds will be one of the contacts made, subject to the portfolio diversification requirements in this policy and the institutions' ability to maintain collateral. 5 51 XIII. INTERNAL CONTROLS The Clerk shall adopt a written set of internal controls and operational procedures to be implemented by the Finance Director, which said controls are designed to protect the County's funds and ensure proper accounting and reporting of securities transactions. Such internal controls shall consist, at a minimum, of the following: 1. All securities purchased or sold will be transferred only under the "delivery versus payment" (DVP) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met; 2. The Clerk is authorized to accept, on behalf of and in the name of Indian River County, bank trust receipts or confirmations as evidence of actual delivery of the obligations or securities in return for investment of funds; and 3. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of Indian River County. 4. The written system of internal controls and operational procedures shall be approved by the Investment Advisory Committee and shall be subject to review by the external auditors as part of the annual financial audit. XIV. REPORTING Quarterly reports will be prepared disclosing current investments, the book value of all investments, earnings for the quarter, market values for all investments, purchases, sales, and maturities of investments and such other information as may be requested. Quarterly and annual reports concerning the investment activities, investment portfolio and performance will be submitted to the Investment Advisory Committee and placed on the consent agenda of the Board of County Commissioners. XV. CONTINUING EDUCATION Given the often complex and diverse nature of investments, and the importance of balancing the safety and liquidity of investments against the desire to maximize interest earnings, deputy clerks responsible for making investment decisions must annually complete sufficient continuing education as required by State law in subjects or courses of study related to investment practices and products. 6 52 VER 7 a r,. - i 1� z� Office of Consent 05/05/2015 '. 1-3 INDIAN RIVER COUNTY -LOR1!$!''/ ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Manny Cabo, Telecommunications Manager FROM: William K. DeBraal, Deputy County Attorney DATE: April 20, 2015 SUBJECT: Memorandum of Lease with Capstar Radio Operating Company for Old Dixie WAXE Tower In 1992, the County entered into a License Agreement with Shargo, Inc., for a 3.67 acre parcel of property on Old Dixie Highway at its intersection with the Lateral J Canal. Shargo constructed a 200' radio tower and accessory structures for the benefit of WAXE, an AM radio station. With the advent of cellular communications, the License has been amended to provide for the installation of cellular antenna arrays on the tower. In 2004, Capstar Radio Operating Company assumed the License from Shargo and the Board agreed to extend the term of the License until October 27, 2022. In January 2015, Capstar entered into a purchase and sale agreement with Vertical Bridge Acquisition, LLC for the purchase of the Old Dixie tower site License. As the owner of the property subject to the License, the County was asked to consent to this transfer and assumption. The Board approved the transfer and assumption at their meeting of February 17, 2015. All of the duties and responsibilities under the License agreement have been transferred to and assumed by Vertical Bridge. The term of the agreement, license fee and insurance requirements will not change as they will be assumed by Vertical Bridge. Now that the transfer and assumption has been completed, Capstar has asked the County to execute a Memorandum of Lease. Once signed by all parties, the Memorandum of Lease will be recorded in the public records as a method of providing notice that the property is subject to a lease between Capstar and the County. Recording a memorandum of lease does not change the terms of the original agreement, it simply provides notice to interested parties that the described property is encumbered by a lease between the County and Capstar. Funding: There is no funding associated with this item. Recommendation: The County Attorney's Office recommends the Board approve the Memorandum of Lease for the Old Dixie Highway site and authorize the Chairman to execute the Memorandum of Lease on behalf of the Board. IndivPoser Co AcrrDied Date c: Manny Cabor °J Caroline J. Palmer )'�` FOR r — - /� caroline.palmer@dtz.com MEETIk! c > NT AGENDA Legal _ �� , Budget Depi. re" -2: `1-53 COUNTY ATTORNEY Risk Mgr. I' . 1 ', ' . ' 4j-- - ' ' - ' .'..* • ,. Ckl 11 WI 4,„Li. . ..... ,e, -. . -v• • ,.... , ;; .-- -: . . . . .. 311101047 -4/ -11 °J.'. AO 'r° r•,AII iiii Wks* .-4 1,-..• ‘; - i i t 4.‘ It , •t .- A - •iL • , . -6,t"A II, " — '.:4.' ,. : tt ICH' .1,14?".! 0 . ac /4i) : a, mil if ' ,,... el), ....; i..",' ' - • ',. . 0 . ' ow • t . : ,,, .kt1111 ' - -. ti .,414 --:7'. ''.- '• - : -' .' -:i.'' 4,'2, -- , -'411 • - .;%,. 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' .' ! . 0 . 1#4 it .7' [• liP P iittYll :"11r4-' '''"Milt, ,••-..,..-0 -r, • ''' if ,„';` 4: •t . ' - •, ' . , , . • ca . . N.) - .. ••- , , .. ,..... . E 5.1 io iv ........ar_,.... ItAy.:41, _-__,•••;4----- - ,.. .10 atxtr,": s , . .ra: c. r ' • ,..1 ,. .,,,, „ '- . • I ir. PAS AY N01.9ND(3)- _.7 ' '4, L, %;11. 4 , i - :, k.'1' i : 0111 c k ' di '34 -'1 11'' ' • Mk**101 ill , . 'Ca • ;--qr— ----",". 1 I c,---- '' . --'... • .,:, i , I 1 I 1 2 12 .,--- 8:4- lis. — ''' i jai Allg.;' 1,1110WN $‘11 r ..• . •,, -- ...E. - '' '',. -, Sr''b'e,A .-- 7. ANFOIMIMillimmagE. 5 4 4301 Anchor Plaza Parkway DT .did Suite 400 Tampa, FL 33634 Email: Caroline.Palmer@dtz.com Phone: (813)349-8377 March 5, 2015 VIA OVERNIGHT MAIL 141t4 (772) 226-1424 MqR Et) IndianllRiverr. WliamDCournty eBaalCpv�l`Y 1 © ��,� 1801 27CountythtStre itorney's Office �F��kNFY"s Vero Beach, FL 32960-3365 RE: FPR-009; that certain License dated May 7, 1996 between Indian River County ("Landlord") and Capstar Radio Operating Company ("Tenant") as successor to Media VI, as successor in interest to Shargo, Inc., as amended and renewed by the Consent to Assumption of License and Agreement for Renewal of License to Use Real Property for a Radio Tower, dated 2003 (the "Lease"). Dear Mr. DeBraal: In order to facilitate completion of the pending transaction between iHeart Media Inc. ("iHeart") and Vertical Bridge Acquisitions, LLC or its affiliate ("Vertical Bridge"), we must ask your assistance in signing both copies of the enclosed Memorandum of Lease ("MOL") where indicated. Your signature must be witnessed and/or notarized on both originals, as appropriate. After signature, please scan and email a copy of the signed document same-day to Jason Fried at jason.fried@kirkland.com and return both originals via overnight mail in the enclosed pre- addressed and pre-paid Federal Express Envelope to Jason's attention. The MOL will be counter-signed at closing and the fully executed MOL recorded at the relevant county's recorder of deeds. Time is of the essence and your prompt cooperation is greatly appreciated. Should you have any questions, feel free to contact our office. Respectfully, Caroline J. Palmer, RPA, FMA Manager, Portfolio Lease Administration Enclosures 55 (Above space reserved for recorder and recording information) This instrument prepared by and after recording return to: Kirkland & Ellis LLP 300 North LaSalle Street Chicago, IL 60654 Attn: Chris McAdam, Esq. MEMORANDUM OF LEASE This MEMORANDUM OF LEASE is made and entered into as of 2015 by and between the Indian River County, a political subdivision of the State of Florida whose address is 1840 25th Street, Vero Beach, FL 32960 Attn: Telecommunications Manager ("Landlord"), and Capstar Radio Operating Company, a Delaware corporation, as successor to Media VI, as successor in interest to Shargo, Inc., whose address is 2625 South Memorial Drive, Suite A, Tulsa, OK 74129, Attn: Steve Davis ("Tenant"), who agree as follows: 1. Terms and Premises. Pursuant to a certain License Agreement (the "Lease") dated May 7, 1996, Landlord has leased to Tenant and Tenant has leased from Landlord that certain real property (the "Premises"), more particularly described on Exhibit "A" which is attached hereto and incorporated herein, commencing on May 7, 1996 and terminating on October 27, 2022. 2. Purpose of Memorandum of Lease. This Memorandum of Lease is executed and recorded to give public notice of the Lease between the parties and all terms and conditions of the Lease are incorporated by reference into this Memorandum and this Memorandum of Lease does not modify the provisions of the Lease. If there are any conflicts between the Lease and this Memorandum of Lease, the provisions of the Lease shall prevail. The rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Any term not defined herein shall have the meaning as set forth in the Lease. 3. Special State Law Provisions. Notwithstanding anything to the contrary elsewhere in this Memorandum of Lease, with respect to Premises located in the State of Florida: MOL FPR-009,Indian River,FL. 56 The interest of Landlord in the Premises shall not be subject in any way to any liens, including any lien rights under Chapter 713, Florida Statutes, for improvements to or other work performed to the Premises by or on behalf of Tenant. Tenant shall have no power or authority to create any lien or permit any lien to attach to the present estate, reversion, or other interest of the Landlord in the Premises. All mechanics, materialmen, contractors, laborers, artisans, supplies, and other parties contracting with Tenant, its representatives or contractors with respect to the Premises are hereby given notice that they must look solely to the Tenant to secure payment for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding any of the Premises through or under Tenant during the term of the Lease. The foregoing provisions are made with express reference to Section 713.10, Florida Statues (2007). Tenant shall notify every contractor making improvements to the Premises that the interest of the Landlord in the Premises shall not be subject to liens for improvements to or other work performed with respect to the Premises by or on behalf of Tenant. 4. Counterparts. This Memorandum of Lease may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [SIGNATURES AND ACKNOWLEDGMENTS ON NEXT PAGE] MOL FPR-009,Indian River,FL. 57 IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum of Lease as of the day and year first written above. LANDLORD: Board of County Commissioners, Indian River County, Florida, By: ATTEST: Jeffrey R. Smith, Clerk Wesley S. Davis, Chairman of Court and Comptroller BCC approved: By: Deputy Clerk Al P OVFC' AS 70 fl.•'''ji Ag / r o , `Jv .ra9 aV.4s 4:)tPsi'il a);..ii i{Al OR) (Landlord Acknowledgement) STATE OF FLORIDA ) ) ss. COUNTY OF INDIAN RIVER ) The foregoing instrument was acknowledged before me this day of May 2015, by Wesley S. Davis , who acknowledged that he executed this instrument in his/her authorized capacity and on behalf of said BOCC and that by his, signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Notary Public Seal: Printed Name: MOL FPR-009,Indian River,FL. 58 TENANT: Capstar Radio Operating Company, Signed, sealed and delivered in the presence of: a Delaware corporation By: Name: Unofficial Witness Title: Unofficial Witness (Tenant Acknowledgement) CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC STATE OF ) ) ss. COUNTY OF ) On , 2015, before me, , a (here insert name and title of the notary public), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Notary Public Printed Name: MOL FPR-009,Indian River,FL. 59 EXHIBIT A (Legal Description of Premises) LEASED PARCEL ER} tUINI CF EEE fl' DI.;AT'z= .EAST RIGELCF- Y LII` a'A 160-F0JT';•OTE RE-111-CF-11Z 'rpt 11=1 "J"i_7 L T:'W ^L.71-1 --C -A :i CF A 25.'-wi TI:=E RIIGE'--CEuic,y r S:UBi p9 'C.RIr=CF TIE IhDI�N RI'o'R EIRE L-(Ate'T=MIT, St D P.O.E.. I= IN S.E. 1,14 CF`IES S.W. L'4 OF 311-_11 13, 2LELF SLIJ1H, ?JI 39 MSI', IIC: RIVER=TY, FI.1 IA; ChUuSTEIMY a: SJi7IH R E-J-D-C&'-'i'i.'SE OF nE R)JI PE=i±T2FL._1-7R-22-Ni CF 5)) P 10 AMINT; TENS'RIN SCCa0=RIY IN A LSE F¢:F .'LEL TO:I£E-i.S7 rRE OF- Y LSE CF Ali L "J" Ctr�ML A=NM CF 603 Ems'TO A..-(.11.N2; TI-=• RN allaltas=CN A LSE EAFOLIEL 1W £LIJ 3I RG -(X- yY LICE CF TEE S3J]B 1v' CANAL A r,:SItNT..OF 5)3 1. 1 10 .rEE =FM=a'THE MS='=Ir3-LLCF-i':Y LSE CF 1.AIfl - ",J" CT L, IFE' RN NaCEI=TS CN S,rJD FY-02 RTII-D-OF-TIZAY LSE as IA'IEhI �L "J" 1,A LI N CF 5)0 EYE '10.MID P.S.B. LTE GRA=EUCEE.R ATI.S 'U LIQ. T-N MS2•E,T FP.I'47S 1K..E] SS 10=91 EU IN TLE 1ER1 CF THS=NM- , TR 1-E FT,._.II.JF`' ;EF21-cIEM ICY, T(T IN IND.:7N RIVER OCCNIY, FZN CN =RM Iris PBCK1E.CFS R1 ])PR 'Y 10 OLD DM= =WV' E `NE: TEE 33 Fes 2 IL'C TRIED-ArFTY SOCIE=XLH'CF THE RI:x'S-CFS•.^rY 1••. MJfE_H FEL '''M. L AS FSE DESCIRalE:. TSE a2T-LR RES= THE RIG-Er 1O S I?R T. -02E'V ID ULA- ? i TAX PARCEL NUMBER(UP TO 17 DIGITS): 33-39-13-00000-5000-00041/0 MOL FPR-009,Indian River,FL. 60 CONSENT: 5/5/15 A. 'co/ R Office of INDIAN RIVER 0 COUNTY ' ATTORNEY ,‘ -1 RtV' Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners (4)1&-- FROM: William K. DeBraal - Deputy County Attorney DATE: April 16, 2015 SUBJECT: Resolution Canceling Taxes on Properties Acquired by the City of Fellsmere for the Benefit of the Municipal Water System The City of Fellsmere acquired the following properties through a water lien foreclosure suit; and the City has paid the 2014 taxes and redeemed all outstanding certificates on the properties: 1010 Booker Street, Fellsmere, FL 32948 Tax Parcel No. 31-37-00-00004-0080-00191.0 Lots 191, 192 and 193, Block 8, Hall, Carter & James Subdivision Additionally, the City's attorney has requested that the County remove the properties from the 2015 tax roll for ad valorem taxes for future years. Attached for your consideration is a resolution prepared for the purpose of canceling the current ad valorem taxes, as well as future ad valorem taxes. Approved for May 5, 2015 BCC Meeting Consent Agenda I Indian River Co. Approved Date Admin. 4-TFI JOU ATTORNEY Co.Atty. 1f2cI Budget i irA Y Department -- Risk Management — — 1 1 61 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel ad valorem taxes upon the specified publicly owned lands, and the Clerk to send a certified copy of the Resolution to the Tax Collector and Property Appraiser so that the current ad valorem taxes and future ad valorem taxes may be cancelled. /nhm Attachments: Letter Request Resolution cc: Carole Jean Jordan -Tax Collector David Nolte - Property Appraiser Warren W. Dill, City Attorney, City of Fellsmere 2 62 L::;' ,:of ,Tl F C^ 41 t^gftc v....,,,7,.:44 �- TR . ' N`•�. 1 ?e l W tlL.r Ti p e . ,, 3 VV4•VI X, . 414f®g .1 RT,S1*{Z 44. n ? 414( 1y9, iM1 C .T' t ••' ,ipt .K a , P �.i }R. t5w itor ,V):11,§)--f.- }� "ivri1-.. tr 9 tit �r ' ? x4f� J r• A , �" �F tQ • 1 i, rz , vitt r q F Y ,,,6�* ivlovekf`ay, *.,t. ' \Y 8•. a tidFr e pwVra . rt*i ' ' '� ri� e4r' ^: 4i 1 1;4 { IPO �real � y 44 y0.ti,,,, 'F k. 90�` N ,,i`4? / n` . wwO � 1,vt rV� ,, 444'� kn�� � ' yttte' � 4.' � , _ ZiA " i. 'xAy - ,s,,,,,,;.z 4. t aJ kaaky :) fSi ^�4o.S& 5,ti�� ` �^r Ae .. .. , � c & it' & , gid.':..,,, 74"=s....vS'°€'dy""., 2t,.,!ltF z�eFcsltc�ei��^', ,_, °- imrtz.w{,„,xv,..v.,..,,x... s ....i,r_,Gla.'e`„,w,,rr.rn.. tm3':,r'.',,..:pi:.',:.sed..."L;o'tY?Z'FE ",.,..%"i's1 VIA ELECTRONIC MAIL: nmossaliAa.ircgov.com March 10, 2015 Indian River County Attorney's Office ATTN: Nancy Mossali, Legal Assistant 1801 271h Street Vero Beach, Florida 32960 RE: City of Fellsmere v. Katonia Rodriguez, et al. Case No. 312014CA000816 Property Address: 1010 Booker Street, Felismere Our File No.: 13-205 Dear Nancy: The City of Fellsmere has received the enclosed Certificate of Title for the above referenced property. There are outstanding taxes for the years 2014, which the City will be paying. The City requests j that the County cancel the taxes for 2015 and take this property off the tax roll for future years. Pursuant to the Constitution of the State of Florida Article VII Section 3(c) "all property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation". Section 196.28(1) F.S. provides in relevant part "The board of county commissioners of each county of the state be and it is hereby given full power and authority 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 '•' municipality of the state, ••• for road purposes, defense purposes, recreation, reforestation or other public use; and said lands shall be exempt from county taxation so long as the same are used for such public purposes". This property will be used exclusively by the City for municipal or public purposes for the benefit of the City as a whole. This property was acquired through the foreclosure of a water lien and as such the ultimate public purpose will be for the benefit of the municipal water system. Please advise if there is anything else the City needs to do to have this property removed from the tax rolls. Very ruly yours,/ z/ Warren W. Dill • City Attorney WWD/jlb Enclosures • cc: Jason R. Nunemaker, City Manager(w/encl) Larry W. Napier, Director of Finance (w/encl) • w:lcity of fellsmerelwater lien fore closureslrodriguez,katonia 13-2051correspondenceslcorresp nancy 3-10-15.doc • 22 South Orange Street Fellsmere, Florida 32948-6740 Phone: 772-577.-1616 Fax: 772-571-8615 163 Parcel#31-37-00-00004-0080-00191.0 1010 Booker Street, Fellsmere, FL 32948 Lots 191, 192 and 193, Block 8, Hall, Carter& James Subdivision acquired via foreclosure of a water lien (Katonia Rodriguez aka Katonia Pretric Lockett, et al.) public purpose: for the benefit of the municipal water system RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 64 RESOLUTION NO. 2015- 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 acquired by the City of Fellsmere for use by the municipality for the benefit of the municipal water system, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Certificate of Title to City of Fellsmere, Florida describing lands, recorded in Book 2827 at Page 1043, 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: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 2 65 RESOLUTION NO. 2015- The Chairman thereupon declared the resolution duly passed and adopted this 5th day of May, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding fP�'ROVE I C) F0 Yes No Current Prorated Tax Received and Deposited with Tax Collector $ 7411..L{A.;r.rpt°: ,.aL 0E:NJ CY COUNTYATTOpNry 3 66 120150012830 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL ;K: 2827 PG: 1043,3/3/2015 3:22 PM D DOCTAX PD$0.70 ,1� IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY,FLORIDA CITY OF FELLSMERE,FLORIDA, ) a municipal corporation created pursuant ) to the laws of the State of Florida; ) ) Plaintiff, ) -vs- ) Case No.:312014CA000816 ) Judge: Cynthia L.Cox KATONIA RODRIGUEZ AKA KATONIA ) PRETRIC LOCKETT; ET AL. ) ) Defend ants. ) CERTIFICATE OF TITLE The undersigned, JEFFREY R. SMITH, Clerk of the Court certifies that he executed and filed a Certificate of Sale in this action on February 18, 2015 for the property in Indian River County, Florida described herein: Lots 191, 192 and 193, Block 8, HALL, CARTER & JAMES SUBDIVISION, according to the plat thereof recorded in Plat Book 3, Page 31, Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County,Florida. Property Address: 1010 Booker Street, Fellsmere, Florida 32948 And that no objections to the sale having been filed within the time allowed for filing objections the property was sold to CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, whose address is 22 S. Orange Street, Fellsmere, Florida 32948. WITNESS my hand and officialseal of this Court on the 13 day of inCkcc.k 2015. Q'1'b COMP T'�o EFFREY R. SMITH, as Clerk of the Court OG ke ct-• " RiSS 4 lib De ty Clerk " . te �a I C ' .:11 an_u;.r •Q� r SERVICE The undersigned certifies that a copy hereof has been furnished by mail on this day of February, 2015 to: Warren W. Dill, Esq., Dill & Evans, P.L., 1565 US Highway 1, Sebastian, Florida 32958 [wwdserv@bellsouth.net and iodeedelaw c(�bellsouth.net] and Katonia Rodriguez AKA Katonia Pretric Lockett,385 Harp Terrace, Sebastian FL 32958. County Clerk 67 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of my Commissioners From: Jason E. Brown Director, Office of Manag en & Budget Date: April 28, 2015 Subject: Miscellaneous Budget Amendment 13 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. The DOT-Traffic Signal Enhancement grant was budgeted for $220,000 when the actual amount awarded is $241,175. The attached entry appropriates $21,175 to fund the balance of the grant. 2. Compliance training is required of staff assigned to the fire station at the airport. The attached entry appropriates funding in the amount of $5,000 from Emergency Services/Reserve for Contingency. 3. The air conditioning system at the Main Library is at the end of its service life and needs to be replaced. The total cost of the replacement air conditioning system is $238,519. The attached entry appropriates funding from Optional Sales Tax/Cash Forward- Oct 1St Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2014/2015 budget. Attachments Budget Amendment 013 and Resolution Indian River County Approved Date Administrator y13o1/5 Legal Vivi �S APPROVED AGENDA ITEM: Budget 4/zfii BY: ,4 & 7a 2 Department 10 / -Jo (9,c24:z ,A. Baird Risk County Administrator Management FOR: May 5, 2015 68 RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2014-2015 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2014-2015 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2015. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Wesley S. Davis, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 69 Exhibit "A" Resolution No.2015- cc\ rp Budget Office Approval: Budget Amendment:013 Jason E. rown, Budget Director Entry Fund/Departr ie tlAccount Name Account Number Increase Decrease Number 1. Revenue Transporation Fund/DOT-Traffic Enhancement 111033-334401 $21,175 $0 Expense Transportation Fund/Traffic Signal Enhancement 111033-334401-12804 $21,175 $0 2. Expense Emergency Services/Reserve for Contingency 11412022-099910 $0 $5,000 Emergency Services/Fire Rescue/All Travel 11412022-034020 $5,000 $0 3. Revenue Optional Sales Tax/Non-Revenue/Cash Forward-Oct 315039-389040 $238,519 $0 1st Expense Optional Sales Tax/Main Library/Air Conditioning 31510971-066390-15025 $238,519 $0 70 ('O\tiI•:N'I' k(:I:NI).‘ INDIAN RIVER COUNTY, FLORIDA Si MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director r(v) FROM: Andy Sobczak; Senior Transportation Planner DATE: April 23, 2015 SUBJECT: Adoption of a Resolution Requesting an Easement from the State of Florida for Construction of the Trans-Central Florida Rail Trail through the St. Sebastian Preserve State Park It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 5, 2015. DESCRIPTION & CONDITIONS The Trans-Central Florida Railroad Trail is the centerpiece of the North Indian River County Greenways Plan and is the highest ranked transportation enhancement priority of the Indian River County MPO. Recently, FDOT began the process of designing and constructing all unbuilt portions of the Trans-Central Florida Railroad Trail east of I-95, including an overpass at I-95, linking the trail to the Fellsmere area. In order to enable FDOT to proceed with construction of the trail, Indian River County must obtain an easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for construction and maintenance of a segment of the trail passing through property (St. Sebastian River Preserve State Park) owned by the state of Florida. According to the Board of Trustees, in order to obtain the easement the Board of County Commissioners (BCC) must adopt a resolution requesting the easement. ANALYSIS To meet the Board of Trustees requirement, staff has drafted a resolution for the BCC's approval. As structured, the attached resolution recites the need and purpose of the easement and constitutes the formal request required by the Board of Trustees. F:\Community Development\Users\MP0\Meetings\BCC\2015\easement.docx 1 71 FUNDING There is no financial impact to the County of the proposed action. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached Resolution, authorize the Chairman to sign the resolution and authorize staff to transmit the resolution to the State of Florida. ATTACHMENT 1. Resolution Requesting an Easement from the State of Florida for Construction of Trans- Central Florida Rail Trail through the St. Sebastian Preserve State Park Indian River Co, Approved Date APPROVED AGENDA ITEM: Admin. ��� W3°)/-5 Legal Lfr41 ' j S FOR: L, a Budget LAI0111 ifIZC� I . Dept. '/z f/15- BY i • v 1.a 1 �, Vi4. 9 Risk Mer. it F:\Community Development\Users\MPO\Meetings\BCC\2015\easement.docx 2 72 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REQUESTING AN EASEMENT THROUGH A PORTION OF THE ST. SEBASTIAN RIVER STATE PARK FOR CONSTRUCTION OF A RECREATIONAL TRAIL KNOWN AS THE TRANS-CENTRAL FLORIDA RAILROAD TRAIL. WHEREAS, The Trans-Central Florida Railroad Trail is the centerpiece of the North Indian River County Greenways Plan and is the highest ranked transportation enhancement priority of the Indian River County MPO; and WHEREAS, FDOT is constructing all unbuilt portions of the Trans-Central Florida Railroad Trail east of I-95, including an overpass at I-95, linking the trail to the Fellsmere area; and WHEREAS, In order to enable FDOT to proceed with construction of the trail, Indian River County must obtain an easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for construction and maintenance of a segment of the trail passing through property owned by the state of Florida; and WHEREAS, The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida requires that a formal resolution supporting the easement be adopted prior to granting such an easement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Board of County Commissioners formally requests that the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida grant an easement for purposes of constructing the Trans-Central Florida Rail-Trail through the St. Sebastian River State Park. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice-Chairman Bob Solari 73 F:\Community Development\Users\MPO\BikePed\Grecnways\Granways Projects\Trans-Florida Railroad TrailTascment Application\Resolution 2015.doc Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher The Chairman thereupon declared the resolution passed and adopted this day of , 2015. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency: By: :i _ /0/A7) 1, ,Dy an Reingol , County Attorney Attachment: Certified Sketch and Legal Boundary Description of Trail Easement through St. Sebastian River State Park 74 F:\Community Development\Users\MPO\BikePed\Greeaways\Greenways Projects\Trans-Fonda Railroad Trail\Easement Application\Resolution 2015.doc Ail lid ae+cw 11111~ aW70•1 .4.oY rag5444.44V0w Mw M M1 a 41 w moat)arr444...m......-tesse‘scaram.Iowa osiamocmwo vMa \in Z Z o1-- wo WO 1 U XOM U Li O a r w = OZ M3)?I-O � ,rj 0 00 w z H Q~W WF-cn�SZ W a m z Ncc� Z�NOF-OZ QW O N z w a Q w N - ZWOm o z _ Ck OW 00Q0ZN -10. <<(-)I-� •O LI 2o m 0 3 3 4 W 1 p0 I- O ON Li_Q3 m a y w U. a 0ski in0 Z°ZZ.- DOOM- wo.)pX� a J J o 0 0 0 o i Z wM JZO0LLEZZZQ F-ZwOw O• Z O U m z z o r 0 W Oc� 4L QO FS-=aUo owN�MwZ=JN0 Z o ~ m ~ a a - I 0 M ~ k Q Z cc S- O 1 0 m 0 d - m � � W a- w w w W - a u n m ZpOZ J HOQ(Q�F=-OV)0Z 0 u n co a co 0. a u o d V ~ � 0 Wo~F-=r zZ WLLopo3WFQ- 1 0 o. o o \ W w WI\ W NN =O:WF-QDQOJ001-Q ZN 0 w o a. a a- o a Z 0 ~ (k Y F-J�U,'3OWQp�WN -)WJO O O t" NJ W Q S 0 0 U U >- I= Z `l l m� z�O1zo mow-oJou_ < a p 'T � DoO•Z_f' L''w<Q 0�3,. � V w tk � NW QQNU' S >wLYNQw�<OLL_N C) 41 0Z wMco wo � 0t+- ZowZoZ w z 1. lk �a.i�� z�ao Qao�— o D 0 041 0� o LL QZN 0u 00I- z a N z Z W �Q00000WzpNQ< U = zwo a J w \ �� Nww~3 Zr-pJ=OOWQLYVWj o Dao 00 CC O J O OSUz LLOW>-�QL'"I=OS > - o ?NL a:0 Q W -0 MI-ZOW oQZQ� zF-L-1-Q a I z ov '� Z `\ 4i ON N Qd= N J3 OQ OQ vc u-i 0>-0 mow �0 (� La I- F- N =Q�oLpN J y -1QCC z 3 Z= Z O Pi in OM OOLO OQZLL'OQOOQ'N WNW z w < Zz,_ rj Q o_ c,LA LYop 3 p�0wWw0 0 a w woo zo 0 Cl- cc z = z= w J ow MQ-1n►S-l ' 0 C) 0 1ao 0w : > 0 (. w wz zrZ.2o ��oR=0 >--01- U- W 0 o0Z /-~ < 0 o' U Zz I . 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N Hti O 0 x O " '4„,tri: p3NppN go)d fr All* aa_ Li z = XZ � CO O (f) W i.,..1 5-_- E-- Z0 J = J o Z 30b'2�2�31 QWZ -- PU OL ( ocy (/)Q w 3 0 J f \ �� 5.2 ma p3Np�/Npo aNb9bd a, M I M 1 (3,.(5443NTy O 41•N p Z U 4 JW 41'1 OW• .(n Z U Z 4 Fil p Q m Z / J o l ¢ o ♦ _m 1n w N O U 'M {)��� O 1 W Z K M O f N J m // • 0 I a o , Z N W 60 0 r. w Sys 0 IN In U.6p dad d '& ? . c,m w.^n _. 7,,44/6/ •0p! SNbzy j by/N p) Z p3Np o C✓VbBb Z 79 CONSENT NDIAN RIVER COUNTY MEMORANDUM `r TO: Joseph A. Baird County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director FROM: Louise Gates, Land Acquisition Spe SUBJECT: Lease Extension, Little Mermaid Car Wash, 1935 43rd Avenue 43rd Avenue/SR60 Intersection Widening and Improvements Timothy E. and Joshana Tynes DATE: April 16,2015 DESCRIPTION AND CONDITIONS The County purchased the Little Mermaid Carwash, located at 1935 43`d Avenue and previously owned by Timothy E. and Joshana Tynes, in December 2008. The property consists of a 0.47 acre lot with a 2 bay automatic carwash and 3 self service wash bays with covered vacuum area. The facility was built in 1984. As part of the consideration for the purchase of the property, the County leased the property back to the Tynes between March 1, 2009 and March 31, 2010 for the amount of one dollar per month. After the County purchased the property in 2008, the 43`d widening project was significantly delayed due to design, right-of-way and funding issues. The current County work program shows construction scheduled for 2017 or later. After the original 1-year lease (@ $1 per month) expired in 2010, staff negotiated a new lease for $1,750/month and the Tynes have continued to operate the car wash since that time. Every year since 2010, the Tynes have renewed the $1,750 per month lease and they would like to renew it once again in 2015, with an effective date of May 1, 2015 and an expiration date of April 30, 2016. As previously stipulated, the monthly rent ($1,750) is due in advance on the lst day of the month, and either party may terminate the lease with 60 days written notice. ALTERNATIVES AND ANALYSIS 1. Grant the 12-month extension of lease 2. Reject the request and issue notice to vacate. 80 Lease Renewal of Little Mermaid Car Wash, 1935 43`d Avenue—Tynes April 16, 2015 —Page Two of Two FUNDING Payments from this lease are deposited into the Transportation Fund (account number 111038-362010) RECOMMENDATIONS Staff recommends Alternative No. 1 by which the Board of County Commissioners approves and authorizes the Chairman to execute the agreement to extend the lease until April 30, 2016. ATTACHMENTS 1. One copy of the Lease Extension DISTRIBUTION 1) Christopher R Mora, P.E., Public Works Director 2) Louise Gates, LAS APPROVED AGENDA ITEM Indian River Approved Date County FOR R May 5, 2015 , Administration ,3OJ y Budget ;� 41 6' Legal U r -/� Public Works ti-("1-45" BY &ix/ Engineering 79aw.34 Risk Management 81 ORIGINAL LEASE AGREEMENT This lease entered into on this day of April, 2015 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called the "Landlord", and Timothy E. and Joshana Tynes, 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 Little Mermaid Car Wash and facilities situated thereon, located at 1935 43rd Avenue, Vero Beach, in the County of Indian River, Florida, more particularly described as follows: See Exhibit "A" attached hereto. for a term commencing from the date of May 1, 2015, terminating April 30, 2016, for a rental of$1750 per month payable in advance. 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 and shall not be extended longer than an additional 90 days or commencement of road project which ever comes first. 1.2 Termination of Lease. Either party may terminate this lease with 60 days written notice. 2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the leased premises for a commercial car wash, 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 1 82 ORIGINAL 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. 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. The Tenant will pay within time allowed for payment without penalties, all charges for water and electricity and all other public utilities which may arise from the Tenant's use of the leased property. 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 premises, 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. 2 83 ORIGINAL 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. 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. 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: Timothy E. and Joshana Tynes 1935 43rd Avenue Vero Beach, Florida 32960 Such notices to Landlord shall be addressed as follows: Board of County Commissioners of Indian River County Attention: Joseph E. Flescher, 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 3 84 ORIGINAL breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach. 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 Timothy E. Tynes BOARD OF COUNTY COMMISSIONERS Ir-7--- Of A4'./.../. /✓ Wesley S. Davis, Chairman . a ure) '(D_te) Approved by BCC �,h : Tynes 1 /R-12.15 +ignature) (Date) ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Win:,,sed by I t -–,, •d OLP rin II Deputy Clerk Pun ed name) (Date) Approved: Jh A. ird Cdun p ty dmmistrator Appr v d as to tel rm efficiency: ounty Attorn y 4 85 ORIGINAL EXHIBIT "A" Lot 3, LESS AND EXCEPT the East 20 feet thereof, and all of Lot 22, Pinewood Subdivision, according to the Plat thereof, as recorded in Plat Book 2, at Page 89, of the Public Records of Indian River County, Florida. Commonly known as: 1935 431d Avenue, Vero Beach, FL 32960 P I D#33-39-04-00010-0000-00003.0 5 86 INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director of Emergency Services/Fire Chief FROM: Paula Cantlon, 911 Database Manager PC,ovmA DATE: April 16, 2015 SUBJECT: Approval to Replace Two (2) Trimble GPS Units for Emergency Services 911 mapping from GPServ, Inc. It is respectfully requested that the information contained herein be given formal consideration by the Indian River County Board of County Commissioners at the next scheduled meeting. DESCRIPTION: The Emergency Services,911 Communications Division,is recommending the purchase of two(2) Trimble Yuma 2 GPS Units.The current GPS units have reached their respective life span and are no longer functional. Funds were allocated in the Approved FY 14/15 Budget in the amount of $13,000.00. The Emergency Services Division, 911 Communications Division, is requesting approval to purchase these items from GPServ,Inc. Quotes were requested from three(3)vendors and GPServ, Inc.is the lowest quote. In respect to pricing;Emergency Services is requesting the ability to trade in the older units,serial numbers 4611453847 and 4428E01834,to aid in offsetting the purchase price of the new units. FUNDING: Funding in the amount of$13,000.00 for the purchase of two (2) GPS units is in the approved FY 14/15 Emergency Services budget. Trimble Yuma 2 GPS Units COST (133) Budget) List Price $11,707.00 Trade-In ($ 1,000.00) Net Total (12013325-066470) $ 10,707.00 87 RECOMMENDATION: Staff recommends approval to trade in two(2)GPS units and to purchase the two(2)GPS units from GPServ, Inc. in the amount of$10,707.00. ATTACHMENTS: GPServ, Inc. Quote APPROVED FOR AGENDA Indian River Co. Atm dDate /XI!' 115 Legal FOR: Mav 5,2015 'i ,K,„ - `�1 Budget I 47Q�� 1 . Dept. LD BY: 4 . . ... . i Jose i I A. Baird Risk Mgr. • iArtit, D'/-Az-6 ounty Administrator General Svcs. Puri L �it-"j ` .t41.1‘ 41z>3 I rr 88 PSERVIHC. April 10,2015 Paula Cantlon 911 Mapping Indian River County Dept.of Emergency Services pcantlon@ircgov.com Dear Paula, In response to your request for information,I am providing this government pricing on the Trimble Products. Quantity Product Unit Extended 2 90719-00 Trimble Yuma 2 rugged tablet computer,64GB,Yellow $2,695.00 $5,390.00 2 102020-00 Trimble R1 GNSS Receiver $2,245.00 $4,490.00 1 34191-95 GPS Pathfinder Office Software Update $765.00 $765.00 2 45955-95 TerraSync Professional field software update $531.00 $1,062.00 2 Trade-in(Geo 2005 XT) (-$500.00) (-$1.000.00) Sub-Total $10,707.00 Terms:Net 30 Delivery: 30 Days,Many orders next day Freight:FOB Destination(Free) Quote valid:45 days All local taxes are the responsibility of the customer and are not included in this quotation. GPServ,Inc.looks forward to assisting you with your mapping needs. If you have any questions,please call me at 888-782- 1997 or directly at 850-656-6075 Sincerely, Pasta Retiaost James M.Robeson 621 Brookhaven Drive, Orlando, FL 32803-2503 Toll Free 888-782-1997 • Local 407-601-5816 • Fax 407-601-5826 Jim@GPServ.com, Direct 850-656-6075 89 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator c - THROUGH: Christopher R. Mora, P.E., Public Works Director / '°„�� Christopher J. Kafer,Jr., P.E., County Enginee9Z , ) FROM: Michael D. Nixon, P.E., Roadway Production Manager ON SUBJECT: Work Order No.4, Kimley-Horn &Associates, Inc. 37th Street (US1 to Indian River Boulevard) 5-Laning IRC Project No. 1230 DATE: April 23, 2015 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with Kimley-Horn & Associates, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. The purpose of Work Order No.4 is to provide design and permitting for the widening of 37th Street from three lanes to a five-lane urban section for a length of one mile between US1 and Indian River Boulevard. There will be a dedicated east bound right turn lane at 35th Lane, Indian River Medical Center employee driveway and 10th Court. Signal modifications are proposed for the existing signalized intersections at USI, 10th Court and Indian River Boulevard. FUNDING Funding is budgeted in Traffic Impact Fees, District 2,Account No. 10215241-066510-13009, 37th Street (US1 to Indian River Boulevard) 5-Laning in the amount of$218,000.00. RECOMMENDATION Staff recommends approval of Work Order No.4 to Kimley-Horn&Associates,Inc.authorizing the above- mentioned professional services as outlined in the attached Scope of Services(Exhibit A)and requests the Board to authorize the Chairman to execute the attached Work Order No. 4 on their behalf for a lump sum amount of$218,000.00. ATTACHMENTS Indian River County Approve. Date Work Order No. 4 Administration Ate ,�/,�/4/ DISTRIBUTION Budget ' Legal It!"��Oil „ '' { /2V6 bi )i i.. Kimley-Horn Associates, Inc. �p_ - _ > _ Public Works V�"'� Y.�7-/fj APPROVED AGENDA ITEM Engineering 6)V --02(.� 13 FOR Ma 5 2015 B • •• `, .l.fril• G l 90 F:\Public Works\ENGINEERING DIVISION PROJECTS\I 230-37th St_USI to IRBLVD\Admim\agenda items\BCC-KI-IA Work Order 4, 5-5-I5.doc WORK ORDER NUMBER 4 37th Avenue (US1 to Indian River Boulevard) 5-Laning IRC Project No. 1230 This Work Order Number 4 is entered into as of this_day of , 2015, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011 and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of the 4th day of November, 2014(collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn & Associates, Inc.("Consultant"). EXHIBIT A SCOPE OF WORK The COUNTY desires to expand 37th Street to a 5-lane urban section between U.S. Highway 1 and Indian River Boulevard. Within the limits of the roadway widening, there will be dedicated eastbound right turn auxiliary lane at the 35th Lane, Indian River Medical Center (IRMC) employee driveway and 10th Court intersections. Signalization improvements/ modifications will be needed at the U.S. Highway 1, 10th Court and Indian River Boulevard intersections with 37th Street to accommodate the roadway widening. In addition, Indian River Boulevard will be widened to provide for dual northbound left turn lanes at the 37th Street intersection. The 37th Street eastbound travel lanes are to be designated as dual right turn lanes at Indian River Boulevard. A single independent stormwater management facility is proposed to be located within Indian River County Hospital District property immediately adjacent to 37th Street, located east of IRMD and north of the VNA Hospice House. The County agrees to provide (in a timely manner) the following material, data, or services as required in connection with the work to be performed under this Agreement; all of which information the CONSULTANT may use and reasonably rely upon: A. Provide the CONSULTANT with a geotechnical investigations, traffic counts, preliminary data or reports available,existing location surveys,topographic surveys,and related documents required to complete the construction documents. B. Provide the CONSULTANT with all available drawings, right-of-way maps, and other documents in the possession of the County pertinent to the project. C. The County shall make provisions for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform his services. D. The County will promptly execute all permit applications and provide application and review fees necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. E. The County will pay for all permit fees. The PROJECT LIMITS are projected to extend 6,100 feet along 37th Street and 1,600 feet along Indian River Boulevard for a total project length of 7,700 feet (1.46 miles). 91 A. Roadway Analysis and Plans: Roadway set of plans shall consist of the following: 60% 90% 100% Cover Sheet C C F Summary of Pay Items P C F Typical Sections C C F Summary of Quantities&General Notes P C F Summary of Drainage Structures Sheets P C F Project Layout C C F Plan and Profile Sheets (40 scale) C C F Intersection Plan & Details P C F Special Details P C F Drainage Structure Sheets P C F Roadway Soil Survey P C F Cross Sections at 100 ft intervals P C F Stormwater Pollution Prevention Plans P C F Signage & Pavement Marking Plans C C F (40 scale double plan) Signalization Plans P C F Construction Cost Estimate and Quantities C C F Notes: P—Preliminary,C—Complete, but subject to change, F- Final The plans will be prepared based upon English units. Design will be conducted in MicroStation and Geopak. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" =40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's,PT's,curve radius,curve length and horizontal Pi's shall be included on the Plan or summarized in an alignment table. 3. Plans shall include spot grades adequate to describe any proposed grading. 4. Match lines shall not be located within the limits of an intersection. 5. If applicable,soil boring information shall be plotted on cross sections with soil classification and high season water table. 6. All quantities shall reference FDOT Pay Item Numbers. 7. All details shall reference FDOT Index Numbers. 8. All specifications shall reference to County and/ or FDOT Specifications for Road and Bridge 92 Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 9. Initial, interim and Final Plan Submittal shall include the following: i. Three (3)Sets of Signed and Sealed Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format. iv. The CONSULTANT will provide construction documents and calculations in sufficient quantity as required by the various reviewing agencies. B. Drainage analysis and Plans: 1. Perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with the County,St Johns River Water Management District(SJRWMD),Army Corps of Consultants (ACOE) and/or Florida Department of Transportation (FDOT) design criteria. The work will include the analyses for the following: a. Determine Base Clearance Water Elevation Analyze, determine, and document high water elevations which will be used to set roadway profile grades. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent storm water ponds. Determine groundwater elevations at intervals between the above-mentioned surface waters. The Bridge clearance shall be based on the 100 year storm event. b. Design of Stormwater Management Facility(Offsite Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours,slopes,etc.), perform routing calculations, and design the outlet control structure. c. Design of Storm Drains Develop a "working drainage map", determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design tailwater and, if necessary,outlet scour protection. d. Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions. 2. A Stormwater Pollution Prevention Plan (SWPPP) will be developed in conjunction with this project. The site specific SWPPP is a requirement of both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities, and the FDEP Generic Permit for Stormwater Discharges from Construction Activities. C. Jurisdicational Permitting: The Consultant shall prepare permit applications for the St Johns River Water Management District (SJRWMD), Florida Department of Transportation (FDOT) and Army Corp of Consultants (ACOE) for submittal by the County. This will consist of all required evaluation, design, coordination, and follow-up work necessary to support permit applications. The County will review the permit applications as necessary.The Consultant shall assemble and be responsible for the final submittal. The Consultant shall prepare permit sketches for submission by the County to ACOE and SJRWMD for 93 dredge and fill activities, if necessary. The Consultant shall submit all permit sketches on 8.5" x 11" sheets. Sketches shall be neatly scaled, signed and sealed, and reproducible. 1. Environmental Resource Permitting/Section 404 Permitting The Consultant will prepare and submit the joint Environmental Resource Permit (ERP) application package to the SJRWMD and the ACOE. The application includes the ERP standard forms and a compilation of supplemental materials such as permit sketches, Vegetation (FLUCFCS), soils, quadrangle and FEMA-FIRM maps. The Consultant will coordinate on the behalf of the County with each agency identified in this task. This may include up to one (1) meeting with the agencies to discuss requests for additional information(RAI),and written responses to one(1) request for additional information(RAI)including plan modifications. This scope assumes that mitigation measures will not be necessary or required. This scope assumes that coordination with US Fish and Wildlife Service through the preparation of Biological Assessments or Biological Opinions will not be required. Permit application submittals will be made subsequent to the 60%plan set submittal approval by the County. D. Signing and Pavement Marking Plans: Signing and Pavement Marking plans shall include: Preparation of the plan layout, quantities (including signing and pavement marking quantity) and tabulation of quantities. All plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. Plans will be included with the roadway plans and submitted as indicated above. E. Utility Coordination: The CONSULTANT will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Any utility permitting and relocation design required to accommodate the proposed improvements will be addressed as an additional service relative to this scope of work. F. Signalization Plans: Mast-arm traffic signal configurations at the 10th Court and 37th Street intersection will be designed to meet current County and FDOT standards. Luminaries will be provided on each mast arm pole. The pole analysis and design of the signal systems will be completed and submitted to County for review. The existing signalized intersections at U.S. Highway 1/37th Street and Indian River Boulevard/37th Street are anticipated to require minor modifications to accommodate the proposed 37th Street improvements. Signalization plans will be included with the roadway plans and submitted as indicated above. 94 FEE SCHEDULE The COUNTY agrees to pay and the Consultant 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 Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Roadway Analysis and Plans $ 120,800 Drainage Analysis and Plans $ 20,700 Erosion Control and SWPPP $ 7,750 Jurisdictional Permitting $ 17,100 Signing and Marking Plans $ 15,970 Utility Coordination $ 2,780 Signalization Plans $ 32,900 Project Total $ 218,000 TIME SCHEDULE Upon authorization to proceed by the COUNTY,final design documents are expected to take approximately twelve (12) months from the Notice to Proceed (NTP). NTP Upon BOCC Approval Phase II Submittal (60% Design Plans) 6 months following NTP Phase Ill Submittal (90%Design Plans) 9 months following NTP Phase IV Submittal (Final Design Plans) 12 months following NTP 95 The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A(Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF,the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN&ASSOCIATES, INC. OF INDIAN RIVER COUNTY By: By: Wesley S. Davis,Chairman Title: BCC Approved Date: Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: i. a_b ', • �1 I. '-A •seph Baird,County Administrator /4.jApproved as to form and legal sufficiency: iylan T. Reingold,County Attorney 96 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engineer SUBJECT: F.D.O.T. 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 125th Avenue to 1-95- IRC Project No. 1304, FM No. 433066-1-58-01 DATE: April 10, 2015 DESCRIPTION AND CONDITIONS Indian River County applied for and received a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation(FDOT)in the amount of$684,642.00(75%of the total estimated cost of $912,856.00) for the resurfacing of CR512 from 125th Avenue to 900 feet west of 1-95, as well as for construction engineering inspection (CEI) services. The County cost share is 25%or$228,214.00. FUNDING Funding for the County's cost share in the amount of$228,214.00 will be funded by a Budget Amendment in Account Number 10921441-053360-12005 Secondary Roads/FDOT SCOP Grant/CR512(125th Avenue to 1-95). RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached Small County Outreach Program (SCOP)Agreement and Resolution and authorize the chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form 2. Authorizing Resolution 3. FDOT Small County Outreach Program (SCOP)Agreement FPN No. 433066-1-58-01 DISTRIBUTION 1. Terry Cook, Road & Bridge Superintendent APPROVED AGENDA ITEM Indian River County Approved Date FOR: May 5, 2015AdministrationBy:041_0" I e_61 to / � Budget 4/.2./L Legal Ft''1161?„ 1/1-1T - Public Works Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS\1304-CR 512 Resurf(SCOP)_125th Ave to 1-95\Admim\agenda items\BCC Agenda Memo 9 I for Resolution for FDOT SCOP Agreement 5-5-20I5.doc GRANT NAME: FDOT Small County Outreach Program(SCOP)CR512(125th Avenue to I-95) GRANT# 433066-1-58-01 AMOUNT OF GRANT: $684,642.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: Christopher J.Kafer,Jr.,P.E.County Engineer TELEPHONE: (772)226-1221 I. How long is the grant for? Until June 30,2015 Starting Date: Construction shall begin by 1/1/16 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes,does the grant allow the match to be In-Kind services? Yes X No 4. Percentage of match to grant 25 5. Grant match amount required llR,214 00 6. Where are the matching funds coming from(i.e. In-Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no,how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 475 fmn 00 „ Grant Amount Other Match Costs Not Covered Match Total First Year $684,642.00 $ $ 228,214.00 $912,856.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year Signature of Prepare . / Date: 9-16-4, 98 RESOLUTION NO. 2015- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, 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 125Th AVENUE TO 900 FEET WEST OF I-95. WHEREAS,the resurfacing of CR512 from 125th Avenue to 900 feet west of 1-95 is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for resurfacing of CR512 from 125th Avenue to 900 feet west of 1-95, as well as Construction Engineering Inspection (CEI) services under the Small County Outreach Program (SCOP); and WHEREAS,the Indian River County Board of County Commissioners is responsible for paying 25 percent of the cost of the project costs as its portion of the required local match. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Small County Outreach Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice-Chairman Bob Solari Commissioner Peter D.O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of ,2015. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Appro s to For andel fficiency f -T 1 �_. • , ,,. Dylan Reingold,County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\1304-CR 512 Resurf(SCOP)_125th Ave to I-95\Admim\agenda items\Resolution SCOP 99 Agreement 05-05-2015.doc Florida Statutes: 850-09501 334.1)44{7) PAVEMENT MANAGEMENT OGC-02/15 Page 1 d21 Financial Project No.: 433066-1-58-01 Vendor No.:VF-596-000-679-003 Contract No. CSFA No. and Title : 55.009 Small County Outreach Program (SCOP) and Rural Areas of Opportunity(RAO) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SMALL COUNTY OUTREACH PROGRAM AGREEMENT (Project Administered by County) This Small County Outreach Program Agreement (this "Agreement") is entered into this day of , 20 between the State Of Florida, Department Of Transportation ("Department") and INDIAN RIVER COUNTY, ("Recipient"). The Department and the Recipient are sometimes referred to in this Agreement as a "Party"' and collectively as the"Parties". RECITALS A. The Department is authorized under Section 334.044 (7), Florida Statutes, and Section 339.2818, Florida Statutes to enter into this Agreement. B. WHEREAS, the Small County Outreach Program ("SCOP") has been created within the Department pursuant to Section 339.2818, Florida Statutes, to provide funds to counties to assist small counties in resurfacing or reconstructing county roads or in constructing capacity or safety improvements to county roads and also to municipalities within rural areas of critical concern (rural area of opportunity ("RAO")) with projects, excluding capacity improvement projects. C. The Department has determined that the transportation project described in Exhibit"A" attached and incorporated in this Agreement ("Project"), is necessary to facilitate the economic development and growth of the State and the Department is authorized by Section 339.2821, Florida Statutes, to approve and expenditure to the Recipient for the direct cost of the Project. D. Exhibits A, B, C, D, and E are attached hereto and incorporated by reference into this Agreement. E. The Recipient is authorized to enter into this Agreement by the resolution attached and made part of this Agreement as Exhibit E. NOW, THEREFORE, in consideration of the mutual benefits contained in this Agreement, the parties agree as follows: 100 Florida Statutes: 850-035-01 334044(7) PAVEMENT MANAGEMENT OGC—02/15 Pape 2 of 21 1. The recitals set forth above are incorporated by this reference in this Agreement. 2. The Recipient shall furnish all services as requested in Exhibit"A" for completion of the Project. 3. The term of this Agreement shall begin upon the date of signature of the last party to sign this Agreement ("Effective Date") and continue through June 30, 2017. Execution of this Agreement by both parties shall be deemed a Notice to Proceed to the Recipient for work to begin on the Project. Any work performed prior to the execution of this Agreement is not subject to reimbursement. The estimated Project production schedule is a follows: a. Design plans contract to begin on or before N/A, and design plans to be completed by February 1, 2015 . b. Actual Construction shall begin no later than January 1, 2016, and be completed by June 30, 2017. 4. The Department will participate in a maximum of 75% of the actual total Project costs up to SIX HUNDRED EIGHTY FOUR THOUSAND SIX HUNDRED FORTY TWO DOLLARS AND NO CENTS $684,642.00 (the maximum Department participation as set forth in Method of Compensation in Exhibit B). The Parties agree that the Department's participation may be increased or reduced upon a determination of the actual bid amounts Project by execution of a supplemental agreement. Travel costs will not be reimbursed. a. The Department agrees to compensate the Recipient for services described in Exhibit"A", and set forth in Method of Compensation in Exhibit"B". b. Unless otherwise permitted, payment will begin in the year the Project or Project phase is scheduled in the adopted work program as of the Effective Date of this Agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. c. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project, identified as Financial Project Number 433066-1-58-01, and the quantifiable, • measurable, and verifiable units of deliverables are described more fully in Exhibit "A". Any changes to the deliverables shall require written approval in advance by the Department. d. Invoices shall be submitted at least quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to 101 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC-02115 Page 3 of 21 reimbursements. The final invoice shall be accompanied by a Notice of Completion, Exhibit "D". e. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit"A" has been met. f. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time frame to be specified by the Department. The Recipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverables deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Recipient shall be assessed a non-performance retainage equivalent to 10% of the total invoices amount. The retainage shall be applied to the invoice for the then- current billing period. The retainage shall be withheld until Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the retained amount during the next period. If the Recipient in unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. g. The Recipient should be aware of the following time frames. Upon receipt of an invoice, the Department has twenty (20) days to inspect and approve the goods and services. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one ($1.00) dollar will not be enforced unless the Recipient requests payment. Invoices which have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for entities who may be experiencing problems in obtaining timely payment(s) from a state Agency. 102 Florida Statutes: 850-035-01 334.044(7) PAVEMENT C MANAGEMENT OGPage 4 of 21 The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at (877) 693-5236. h. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records of the Recipient and all subcontractors performing work on the project, and all other records of the Recipient and subcontractors considered necessary by the Department for a proper audit of costs. Upon request, the Recipient agrees to provide progress reports to the Department in standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. Either party to the Agreement may request and shall, within a reasonable time thereafter, be granted a conference with the other party. j. In the event this contract for services is in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than one (1) year." k. The Department's obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 103 Florida Statutes: 650-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02!15 Page 5 of 21 I. All costs charged to the Project and the grant match of in kind services shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. 5. The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by Department staff, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the state Chief Financial Officer (CFO) or Auditor General. b. The Recipient, as a non-state entity as defined by Section 215.97(2)(m), Florida Statutes, and as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: i. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of the threshold established by Section 215.97, Florida Statutes, in any fiscal year of the Recipient, the Recipient must have a State-single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. Exhibit "C" to this Agreement provides the specific state financial assistance information awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial 104 Florida Statutes: 650-035-01 334044 PAVEMENT MANAGEMENT m OGC—02/15 Page 6 of 21 assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non-state entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. iii. If the Recipient expends less than the threshold established by section 215.97, Florida Statutes, in state financial assistance in a fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required; however, the Recipient must provide to the Department a certification of exemption to FDOTSingleAudit(c�dot.state.fl.us no later than 9 months after the end of the Recipient's fiscal year for each applicable audit year. In the event that the Recipient expends less than the threshold established by Section 215.97, Florida Statutes, in state financial assistance in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. Copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAudit(c�dot state.fl.us and State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email:flaudgen_localgovt@aud.state.fl.us 105 Florida Statutes: 850.035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02/15 Page 7 of 21 v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within 6 months, the Department shall review the Recipients financial reporting package, including the management letters and corrective action plans, to the extent necessary to determine whether timely and appropriate corrective action has been taken with respect to audit findings and recommendations pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriatecorrectiveaction toenforcecompliance, inaccordance with Section 215.97(8)(1), Florida Statutes. viii. As a condition of receiving state financial assistance, the Recipient shall allow the Department, or its designee, the CFO or Auditor General access to the Recipient's records, including project records, and the independent auditor's working papers as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 6. The Recipient shall permit, and shall require its contractors and subcontractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, and records, and to audit the books, records, and accounts pertaining to the financing and development of the Project. 106 Florida Statutes: e50-035-01 334.044(7) PAVEMENT MANAGEMENT Page 8 of 21 7. The Recipient must certify that the consultant has been selected in accordance with the Consultants' Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor must be prequalified by the Department pursuant to Section 337.14, Florida Statutes, and Rule Chapter 14-22, Florida Administrative Code for projects meeting the thresholds therein. 8. In the event the Recipient proceeds with the design, construction and construction engineering inspection services ("CEI") of the Project with its own forces, the Recipient will only be reimbursed for direct costs (this excludes general and administrative overhead). The Recipient shall hire a Department qualified CEI. The Department shall have the right, but not the obligation, to perform independent testing from time to time during the course of construction of the Project. . 9. Upon completion of the work in accord with the Plans, the Recipient shall furnish a set of "as-built" plans certified by the Engineer of Record/CEI that the necessary improvements have been completed in accordance with the Plans as the same may be modified in accord with the terms of this Agreement. Additionally, the Recipient shall assure that all post construction survey monumentation required by Fla. Stat. is completed and evidence of such is provided to the Department in a manner acceptable to the Department. 10: TheRecipientshall allow public access to all documents,papers, letters,or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. Specifically, if the Recipient is acting on behalf of a public agency the Recipient shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Recipient. b. Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Recipient upon termination of the contract 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 Department in a format that is compatible with the information technology systems of the Department. 107 Florida Statutes: 950-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02/15 Page 9 of 21 Failure by the Recipient to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Recipient shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Recipient and shall promptly provide the Department a copy of the Recipient's response to each such request. 11. The Recipient shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. 12. The work performed pursuant to this Agreement may require authorization under the Clean Water Act, by the U.S. Environmental Protection Agency for Storm Water Discharges from construction sites. The Recipient is responsible for obtaining the National Pollutant Discharge Elimination System Permit and all other necessary permits for construction of the Project. When applicable, such permits will be processed in the name of the Department; however, in such event, the Recipient will comply with all terms and conditions of such permit in construction of the subject facilities. 13. The Recipient affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid-on a contract with a public- entity ublicentity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor; supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six(36) months from the date of being placed on the convicted vendor list. The Recipient agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 14. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 15. The Recipient will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Recipient shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management.The Recipient shall insert similar provisions in all contracts and subcontracts for services by this Agreement. The Recipient affirms that it is aware of the provisions of Section 108 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC—02!15 Papa 10 of 21 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contract, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public Recipient. The Recipient further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 16. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, the Recipient agrees to include the following indemnification in all contracts with contractors/ subcontractors, or consultants/sub consultants who perform work in connection with this Agreement 'To the fullest extent permitted by law the Recipients contractor shall indemnify and hold harmless the Recipient,the State of Florida, Department of Transportation, and its officers and employees,from liabilities, damages, losses and costs, including, but not limited to, reasonable attomey's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of contractor and persons employed or utilized by contractor in the performance of this Contract This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipients sovereign immunity. To the fullest extent permitted by law,the Recipients consultant shall indemnify and hold harmless the Recipient,the State of Florida, Department of Transportation, and its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney fees to the extent caused, in whole or in part, by the professional negligence, error or omission, recklessness, or intentional wrongful conduct of the consultant or persons employed or utilized by the consultant in the performance of the Agreement. This indemnification shall survive the termination of this Agreement Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipients sovereign immunity." 109 Florida Statutes: asp-m-01 334.044(7) PAVEMENT MANAGEMENT OGC—07/15 Pape 11 of 21 17. The Recipient shall carry and keep in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall be given to the Department or as provided in accordance with Florida law. 18. No funds received pursuant to this Agreement may be expended for the purpose of lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 19. The Recipient and the Department agree that the Recipient, its employees and its subcontractors are not agents of the Department as a result of this Agreement. 20. This Agreement may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination. The Department also reserves the right to seek termination or cancellation of the Agreement in the event the Recipient shall be placed in either voluntary or involuntary bankruptcy. The Department further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the Recipient upon sixty (60) days written notice to the Department. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. 21. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department, which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer occurring without the required written approval will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Recipient. In the event that the Department approves transfer of the Recipient's obligations, the Recipient remains responsible for all work performed and all expenses incurred in connection with this Agreement. 110 Florida Statutes: 850-035-01 334.044(7) PAVEMENT MANAGEMENT OGC-02115 Page 12 of 21 22. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; overnight express mail delivery, email, or facsimile. The addresses and the contact persons set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. TO DEPARTMENT: TO RECIPIENT: Florida Department of Transportation Indian River County 3400 W. Commercial Blvd. 1801 27th Street Fort Lauderdale, Florida 33309 Vero Beach, Florida 32960 Attn: Leos Kennedy, Jr. Attn: Christopher J. Kafer, Jr., P.E. Copy: Project Manager, Christine Fasiska Copy: Indian River County's General Counsel 2"d Copy: District's General Counsel 23. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 24. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties and shall be subject to the same terms and conditions set forth in this Agreement. 25. This Agreement shall not be construed to grant any third party rights. 26. In no event shall the making by the Department of any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 27. This Agreement embodies the entire agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Recipient and the authorized officer of the Department or his/her delegate. 28. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement thus remains 111 Florida Statutes: 650-035-01 334.044(7) PAVEMENT MANAGEMENT OGC-02115 Page 13 d 21 in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 29. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any action arising out of this Agreement shall be in Leon County, Florida. 30. Time is of the essence as to each and every obligation under this Agreement. 31. The Department and the Recipient acknowledge and agree to the following: i. The Recipient shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. The Recipient shall expressly require new contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the contractor/subcontractor during the contract term. 32. This Agreement may be executed in duplicate originals. The remainder of this page intentionally left blank. 112 Florida Statutes: 850-035-01 334044(7) PAVEMENT MANAGEMENT OGC-02/15 Pape 14 of 21 IN WITNESS WHEREOF,the parties have executed this Agreement on the date(s) below. INDIAN RIVER COUNTY STATE OF FLORIDA (Name of RECIPIENT) DEPARTMENT OF TRANSPORTATION BY: BY: TITLE: Chairman TITLE: DIRECTOR OF TRANSPORTATION DEVELOPMENT Print Name: Wesley S. Davis Print Name: Date: ATTEST: LEGAL REVIEW: TITLE: Print Name: See attached encumbrance form for date of Funding approval by Comptroller. f Recipient's LEGAL REVIEW 'i/,�/' � l Print Name: 1Ai I I r� 1( 113 Florida Statutes: s50-035-o1 334.044(7) PAVEMENT MANAGEMENT OGC—02/15 Page 15 of 21 Exhibit A SCOPE OF SERVICES AND DELIVERABLES CR-512 Resurfacing from 125th Avenue to 900 feet west of 1-95 FM#433066-1-58-01 This Project is for the construction and Construction Engineering Inspection (CEI) services of CR-512 from 125th Avenue to 900 feet west of 1-95. The Project work will include but is not limited to the milling of the existing pavement, installation of superpave asphaltic concrete, widening of paved shoulders, sodding, and installation of thermoplastic pavement markings. 114 850-035-01 Florida Statutes: PAVEMENT MANAGEMENT 334.0440 OGC-02/15 Page 16 of 21 Exhibit A SCOPE OF SERVICES AND DELIVERABLES DESCRIPTION UNIT ESTIMATED QTY. MOBILIZATION LS 1 MAINTENANCE OF TRAFFIC LS 1 EROSION AND WATER POLLUTION CONTROL LS 1 CLEARING AND GRUBBING LS 1 REGRADE AND COMPACT OUTSIDE SHOULDER AREA(AS SY 12131 NEEDED) OPTIONAL BASE,BASE GROUP 06 (8" CEMENTED COQUINA SY 6122 SHELL BASE(LBR 1000)) MILLING EXISTING ASPH PAVT 1-1/2" AVG. DEPTH SY 33468 SUPERPAVE ASPHALTIC CONCRETE, S.P. 9.5, TRAFFIC C (2" Sy 37518 THICK, 1 LIFT) PERFORMANCE TURF (BAHIA) SY 12131 RETRO-REFLECTIVE PAVEMENT MARKER(AMBER/AMBER) EA 352 THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, NM 3.406 WHITE, SOLID, 6" THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, GM .217 WHITE, SKIP (6'- 10') 6" THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, GM .095 WHITE, SKIP (10'-30') 6" THERMOPLASTIC, STANDARD,WHITE, ARROW EA 7 THERMOPLASTIC, STANDARD,WHTIE, MESSAGE EA 1 THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, NM 1.661 YELLOW, SOLID, 6" THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, LF 192 YELLOW, SOLID, 18" THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, GM 068 YELLOW, SKIP (6'- 10'),6" THERMOPLASTIC PAVEMENT MARKINGS, STANDARD, GM 1.002 YELLOW, SKIP(10'-30'), 6" 115 850-035-01 334Florida4 Satutes: PAVEMENT MANAGEMENT gg4,p44(t) OGC—02J15 Page 17 of 21 CEI CLASSIFICATIONS SR PROJECT ENGINEER PROJECT ADMINISTRATOR SR. INSPECTOR INSPECTOR INSPECTOR'S AIDE QUALITY CONTROL(QC)MANAGER EARTHWORK CONSTRUCTION INSPECTOR LEVEL 1 EARTHWORK CONSTRUCTION INSPECTOR LEVEL 2 ASPHALT PAVING TECHNICIAN LEVEL 1 ASPHALT PAVING TECHNICIAN LEVEL 2 * The County will need written approval from the Department, if deviating from the deliverables and/or CEI classifications shown in the Table above. 116 850-035-01 Florida Statutes: PAVEMENT MANAGEMENT 334.0440 OGC—02/15 Page 18 of 21 EXHIBIT "B" METHOD OF COMPENSATION FINANCIAL PROJECT NO. 433066-1-58-01 This is a cost reimbursement agreement. This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Indian River County referenced by the above Financial Project Number. Schedule of Funding: FY 2015 TOTAL I. TOTAL PROJECT COST: $ $ Design $ $ Right of Way $ $ Construction&CEI $912,856.00 $ 912,856.00 II. PARTICIPATION: Maximum Department Participation (75%) (75%) or $684,642.00 or$684,642.00 Local Participation (25%) (25%) or $228,214.00 or $228,214.00 In-Kind $ $ Cash $ $ Combination In-Kind/Cash $ $ Waiver or Reduction $ $ TOTAL PROJECT COST: $912,856.00 $912,856.00 Please submit four copies of invoice(s)to the following address: Florida Dept. of Transportation. Program Management Div.,Attn: Leos A. Kennedy, Jr. 3400 W. COMMERCIAL BLVD.,FT. LAUDERDALE,FLORIDA 33309 117 Florida Statutes: 850-035-01 PAVEMENT MANAGEMENT 334.044(7) OGC—02115 Page 19 of 21 EXHIBIT "C" STATE FINANCIAL ASSISTANCE STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97,FLORIDA STATUTES: Awarding Agency: Florida Department of Transportation State Project Title: Small County Outreach Program(SCOP) and Rural Areas of Opportunity(RAO) CSFA Number: 55.009 Award Amount: $684,642.00 Specific information for CSFA Number 55.009 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Compliance requirements for CSFA Number 55.009 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx 118 850-035-01 Florida Statutes: PAVEMENT MANAGEMENT OGC-02115 334.044(n Pape 20 of 21 EXHIBIT "D" NOTICE OF COMPLETION SMALL COUNTY OUTREACH PROGRAM Between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION And INDIAN RIVER COUNTY (RECIPIENT) PROJECT DESCRIPTION: Construction and CEI Services of CR-512 from 125th Avenue to 900 feet west of I-95 FINANCIAL PROJECT NUMBER: 433066-1-58-01 In accordance with the Terms and Conditions of the SMALL COUNTY OUTREACH PROGRAM AGREEMENT,the undersigned hereby provides notification that the work authorized by this Agreement is complete as of ,20 By: Name: Title: 119 Florida Statutes: 850-035-01 PAVEMENT MANAGEMENT 334.044(7) OGC—02/15 Page 21 of 21 EXHIBIT E Recipient's Resolution • 120 INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Cv..N1—*/ FROM: Christopher J. Kafer, Jr., P.E., County Engine f@_ SUBJECT: Award of Bid No.2014049 Aviation Boulevard/20th Avenue Intersection Improvements IRC Project No. 1422 DATE: April 15, 2015 DESCRIPTION AND CONDITIONS A bid opening for the widening of Aviation Boulevard to accommodate a westbound left turn lane, an eastbound right turn lane and a new traffic signal at 20th Avenue was held on September 17, 2014. Six(6) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follow: Timothy Rose Contracting, Inc. Vero Beach, Florida $575,229.88 Guettler Brothers Construction, LLC Fort Pierce, Florida $586,068.00 Dickerson Florida, Inc. Fort Pierce, Florida $656,598.75 Sunshine Land Design Stuart, Florida $656,600.89 Community Asphalt Vero Beach, Florida $705,250.41 Ranger Construction Winter Garden, Florida $759,607.05 During review of submitted line item bids by the Engineering Division,an omission was identified in the bid submitted by Timothy Rose Contracting, Inc. The first line item on the bid, Mobilization had no numbers written in either the unit price or total amount.The Instructions to Bidders state: • "a Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words `no bid,"no change,' or'Not Applicable' entered" (13.02). • "Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule" (14.01.A). • "In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements,and such alternates,unit prices and other data,as may be requested in the Bid Form or prior to the Notice of Award" (19.03). Based upon these requirements, and after consultation among the Engineering Division, Office of the County Attorney and the Purchasing Division, staff concluded the bid from Timothy Rose Contracting was non-responsive. The bid submitted by the second low bidder, Guettler Brothers Construction, LLC was determined to be both responsive and responsible. F:\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd-20th Avenue Intersection Improvements\Admim\agenda items\BCC 121 Agenda Memo Award of Bid.doc Page 2 Award of Bid 2014049 BCC Agenda Item for May 5, 2015 FUNDING On March 17,2015,the Board of County Commissioners approved a Small County Outreach Program(SCOP) Grant agreement with the Florida Department of Transportation(FDOT)in the amount of$292,545.00 for the construction and construction engineering inspection (CEI) services for this project. The County cost share will be $293,523.00 of the anticipated $586,068.00 project cost. Funding for the County's cost share in the amount of $293,523.00 will be provided from Optional Sales Tax/Cash Forward funds in Account No. 31521441-066510-15018 Aviation Boulevard/20th Avenue Intersection. RECOMMENDATION Staff recommends the Board approve award to the lowest responsive and responsible bidder, Guettler Brothers Construction,LLC for$586,068.00.Staff further recommends the Board authorize the Chairman to execute the attached agreement upon review and approval of both the agreement and required public construction bond by the County Attorney as to form and legal sufficiency,and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement APPROVED AGENDA ITEM FOR: May 5, 2015 Byte o.2 A 4• Indian River County ,_, Date Administration WrigE Budget rl./i�MULIM / Legal 'Jt`dr•�MOE Purchasin: M OMMEMENI c/ /?frS Public Works Engineering giwAmigi F:\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd-20th Avenue Intersection Improvements\Admim\agenda items\BCC 122 Agenda Memo Award of Bid.doc SECTION 00520 -Agreement(Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 -WORK 2 ARTICLE 2-THE PROJECT 2 ARTICLE 3—ENGINEER 2 ARTICLE 4-CONTRACT TIMES 2 ARTICLE 5-CONTRACT PRICE 3 ARTICLE 6-PAYMENT PROCEDURES 3 ARTICLE 7-INDEMNIFICATION 5 ARTICLE S-CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9-CONTRACT DOCUMENTS 6 ARTICLE 10-MISCELLANEOUS 7 jTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY' 00520-Agreement(Public Works)SAMPLE 00520-1 123 F:\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd-20th Avenue Intersection Improvements\Admim\bid documentsWlaster Contract Documents\00520- Agreement(Public Works)SAMPLE.doc SECTION 00520 -Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project includes the widening of Aviation Boulevard at 20' Avenue with turn lanes. The work will provide for roadway construction to include asphalt milling, asphalt placement, base, stabilized subgrade, drainage improvements, curb and gutter installation, signing and pavement markings. The project will also include a traffic signal at the intersection. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Aviation Boulevard/20th Avenue Intersection Improvements County Project Number: 1422 Bid Number: 2014049 Project Address: Aviation Boulevard/20th Avenue Intersection, Vero Beach, Florida 32960 ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 180" day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 00520-Agreement(Public Works)SAMPLE 00520-2 124 F.\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd-20th Avenue Intersection Improvements\Admim\bid documents\Master Contract Documents\00520- Agreement(Public Works)SAMPLE doc 14.07 of the General Conditions on or before the 210t1i day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,742.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,742.00.for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A.The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, 00520-Agreement(Public Works)SAMPLE 00520-3 125 F.\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd-20th Avenue Intersection ImprovementsWdmim\bid documents\Master Contract Documents100520- Agreement(Public Works)SAMPLE.doc Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, 00520-Agreement(Public Works)SAMPLE 00520-4 126 F:\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd-20th Avenue Intersection ImprovementsWdmim\bid documents\Master Contract Documents\00520- Agreement(Public Works)SAMPLE.doc shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the 00520-Agreement(Public Works)SAMPLE 00520-5 127 F.\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd-20th Avenue Intersection tmprovements1Admim\bid documents\Master Contract Documents\00520- Agreement(Public Works)SAMPLE doc Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1) 3. Public Construction Bond (pages 00610-1 to 0610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1) 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. General Conditions (pages 00700-1 to 00700-45, inclusive); 7. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions. 9. Drawings consisting of a cover sheet and sheets numbered through inclusive, with each sheet bearing the following general title: ; 10. Addenda (numbers to , inclusive); 11. Appendices to this Agreement (enumerated as follows): Appendix A—Permits Appendix B— Indian River County Fertilizer Ordinance 12. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive) 13. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive). 14.Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00458-2, inclusive) 15.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 00520-Agreement(Public Works)SAMPLE 00520-6 28 F:\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd-20th Avenue Intersection Improvements'Admim\bid documents\Master Contract Documents\00520- Agreement(Public Works)SAMPLE.doc 16.The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 17.Contractor's Final Certificate of the Work (page 00632— 1 & 2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance 00520-Agreement(Public Works)SAMPLE 00520-7 129 F:\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd-20th Avenue Intersection Improvements\Admim\bid documents\Master Contract Documents\00520- Agreement(Public Works)SAMPLE doc A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records 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. (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 Contractor 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. B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. >ti st . FSA Y ri I [The remainder of this page was left blank intentionally] 00520-Agreement(Public Works)SAMPLE 00520-8 130 F:\Public Works\ENGINEERING DIVISION PROJECTS\1422 Aviation Blvd-20th Avenue Intersection Improvements\Admim\bid documents\Master Contract Documents\00520- Agreement(Public Works)SAMPLE.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 2014 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Wesley S. Davis, Chairman (Contractor) By: (CORPORATE SEAL) Joseph A. Baird, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold., County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Christopher J. Kafer, Jr., P.E. Designated Representative: Title: County Engineer Name: 1801 27th Street Title: Vero Beach, Florida 32960 Address: (772) 226-1221 Facsimile: (772) 778-9391 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520-Agreement(Public Works)SAMPLE 00520-9 1 1 F.\Public Works\ENGINEERING DIVISION PROJECTS11422 Aviation Blvd-20th Avenue Intersection Improvements\Admimlbid documents\Master Contract Documents100520- 1 3' Agreement(Public Works)SAMPLE.doc CONSENT INDIAN RIVER COUNTY, FLORIDA 70 MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Ow`---. AND Christopher J. Kafer,Jr., P.E., County Engine r FROM: David W. Schryver, P.S.M., County Survey SUBJECT: Work Order No. 1—Southeastern Surveying and Mapping Corporation 58th Avenue (57th Street to CR 510)Topographic Design Survey IRC Project No. 1325 DATE: April 20, 2015 DESCRIPTION AND CONDITIONS On October 1,2013,the Indian River County Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping Services Contract 1333 with Southeastern Surveying and Mapping Corporation and on October 17, 2014 renewed the agreement for one year. Work Order No. 1,with Southeastern Surveying and Mapping Corporation, is to perform all related field and office surveying and mapping services in connection with the preparation of a topographic design survey for a portion of 58th Avenue. The survey will begin at 57th Street and extend north to CR 510 (approximately 3.85 miles). This project will provide Indian River County Engineering staff with a comprehensive topographic survey to be utilized in the design of roadway improvements. Attached,please find Southeastern Surveying and Mapping Corporation Work Order No.1 to provide the requested professional surveying and mapping services. Southeastern Surveying and Mapping Corporation has submitted Exhibit A,Scope of Services,outlined in the attached Work Order No. 1, for a lump sum amount of$80,090.00. FUNDING Funding for this project in the lump sum amount of$80,090.00 is budgeted and available through the Secondary Roads Gas Tax, Account No. 10921441-033490-05007 Annual Survey Services. F:\Public Works\ENGINEERING DIVISION PROJECTS\1325 58th Avenue(57th St to CR 510)Roadway Inventory\Admin\agenda items\04-20-15 Southeastern memo BCC Agenda 58th Ave.-57th St.to CR 510.doc 132 PAGE TWO BCC Agenda item from David W. Schryver, P.S.M. For May 5, 2015 BCC RECOMMENDATION Staff recommends approval of the attached Work Order No.1,authorizing the above mentioned project as outlined in the attached Scope of Services, and requests the Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 1 on their behalf. ATTACHMENTS 1. Southeastern Surveying and Mapping Corp., Work Order No. 1 2. Exhibit A—Scope of Services APPROVED AGENDA ITEM Indian River County App Date Administration �I? 9/3%>I FOR: May 5, 2015 ��, 4� 15 Budget y B 4t._• •1 1 1 • Legal i / J� ..... I-7- , is Public Works W 1y'<�.7- /5 Engineering G 9-2.3-1.5" F:\Public Works\ENGINEERING DIVISION PROJECTS\1325 58th Avenue(57th St to CR 510)Roadway Inventory\Admin\agenda 133 items\04-20-15 Southeastern memo BCC Agenda 58th Ave.-57th St.to CR 510.doc Board of County Commissioners Administration-Building A 1801 27th Street Vero Beach,Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 58TH Avenue — (57th Street to CR 510) Topographic Design Survey IRC Project No. 1325 WORK ORDER NO. 1 (Engineering/Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING SERVICES WITH Southeastern Surveying and Mapping Corporation In accordance with Contract No. 1333 2014-2015 This Work Order No. 1 is in accordance with the existing AGREEMENT dated October 1, 2013, and renewed on October 17, 2014 between Southeastern Surveying and Mapping Corporation, (SURVEYOR) and Indian River County (COUNTY): SECTION I — PROJECT LIMITS This Work Order No. 1 is for the SURVEYOR to perform all related field and office surveying and mapping services in connection with the preparation of a topographic design survey for a portion of 58th Avenue. The survey will begin at the intersection of 58th Avenue and 57th Street and extend north along 58th Avenue to the intersection of 58th Avenue and CR 510. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional services to complete all tasks as outlined in this Work Order No. 1; specifically detailed in the attached proposal Exhibit A. SECTION III —TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 60 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". C:\Users\rbess\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\F6M2STFZ\IRC SOUTHEASTERN WO No 104- 134 20-15.doc IRC Work Order No.1 Southeastern Surveying and Mapping Corporation May 5,2015 Page 2 of 3 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with Autocad files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, Four (4) paper "hardcopy" signed and sealed drawing sets. Sheeted and model space (as applicable) AutoCAD drawing file in AutoCad Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and project number; survey notes, legend and abbreviations and plan view sheets. d. Work product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for design and analysis of the area, as defined. It shall contain all information necessary for a third party surveyor to independently recreate or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV—COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 3 for a total lump sum fee of$80,090.00. All and/or any additional services not described hereon shall be pre-approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2014 through September 30, 2015. All invoicing shall include Project Number 1325, Work Order No. 1 (WO 1), Contract Number 1333, itemize man-hours and materials expended to complete the scope of services. Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, contract No. 1333 with the COUNTY and as stated in Section II, Ill and IV hereon. 135 IRC Work Order No.1 Southeastern Surveying and Mapping Corporation May 5,2015 Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2015. OWNER Southeastern Surveying and Mapping BOARD OF COUNTY COMMISSIONERS Corporation INDIAN RIVER COUNTY, FLORIDA ,,, ,,,S- Wesley S. Davis, Chairman Gary B. Krick, PSM, Principal in Charge Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Witnessed by: Comptroller Deputy Clerk (SigOe) e) Approved as to Form and Legal Sufficiency: 1 , V i !) iy- - ,�i f., r i � James L. Petersen, PSM 'Dylan Reingold, COUNTY Attorney (Printed name) 9 l ill ' osep A. Baird, COON Administrator 7 136 Steven L.Anderson,Jr.,PSM,PLS EXHIBIT A Thomas K.Mead,PSM,PLS Charles M.Arnett,PSM Timothy 0.Mosby,PSM Russell G.Daly,PSM,PLS /�//J�1 ; ����1\\ y� James L.Petersen,PSM Michael L.Douherty PSM j/ I t t \} William C.Rowe,PSM Bruce C.Ducker,uPSM � _ TonyG.Syfrett,PSM,PLS James M.Dunn,II,PSM ' JohS.Thomas,PSM Mark Je A. rd,Figueroa, PSM \ Edward W.Wackerman,PLS(FL) ParmormiThantr- Via Thomas F.Ferguson,PSM — Brad Stroppel,EI,GISP Ronnie Figueroa,PSM,GISP \\,\ Kirk R.Hall,EI,GISP Tate B.Flowers,PLS ` \ \® Catherine E.Galgano,GISP Robert W.Gardner,PSM Brian R.Garvey,PE Cheryl A.Isenberg,GISP y Southeastern Surveying and Mapping Corporation Patrick J.Phillips,GISP Daniel J.Henry,PSM,PLS Servingthe Southeast Since 1972 Thomas P.Young,Jr.,SIT,GISP Mathew G.Jennings,RLS Donna L.Canney,CST IV Gary B.Krick,PSM www.southeasternsurveying.com Frank B.Henry,CST IV Brad J.Lashley,PSM,PLS info@sourheasrernsurvey;ng.com David M.Rentfrow,CST IV Myron F.Lucas,PSM Steve D.Smith,CST IV James E.Mazurak,PSM Celeste B.van Gelder,CST IV Land Surveying&Mapping Services•Sub-Surface Utility Designation&Location Services•Geographic Information Systems•GPS Asset inventories March 30,2015 VIA EMAIL: dschrvvera irc:4or.coln Mr. David W. Schryver,PSM Indian River County Surveyor Survey Section—Engineering Division 1801 27th Street, Building A Vero Beach,FL 32960-3388 RE: 58th Avenue, from 57th Street,North to 85th Street/CR 510,Route Survey&Approximate R/W (Approximately 20,280 Linear Feet including 18 side streets) Sections 04,05,08,09,16, 17,Township 32 South,Range 39 East, and Sections 32,33,Township 31 South,Range 39 East Indian River County,Florida Dear Mr. Schryver, We are pleased to submit our proposal for Surveying Services on the above referenced project. SCOPE OF WORK: Provide a Design Topographic Route Survey and establish the Approximate Right-of-Way in accordance with Chapter 5J-17 F.A.C., S.O.P. to include the following: 1. Locate all improvements and utilities,as evidenced by above ground features or as marked by the designated utility company representative to include gravity structure details. 2. Obtain spot elevations on natural ground and existing improvements to include all breaks in grade suitable for interpolation of one foot contours to be shown on the final drawing. 3. Perform cross-sections at 100 foot intervals. 4. Establish the location of the approximate right-of-way line based on a combination of sectional monumentation,existing right-of-way monumentation, existing right-of-way maps and a review of parcel descriptions as found on the Indian River County Property Appraisers site. 5. Establish a Horizontal and Vertical Control point at a minimum of 900 foot intervals. 6 Horizontal control will be relative to NAD'83 Datum. 6500 All American Blvd 1130 Highway 90 Cypress Business Center 119 West Main Street 10 East Lake Street University Corporate Park Orlando,FL 32810 Chipley,FL 32428 8301 Cypress Plaza Tavares,FL 32778 Kissimmee,FL 34744 10770 North 46"'Street 407.292.8580 850.638.0790 Drive,Suite 104, 352.343.4880 407.944.4880 Suite C-300 407.292.0141 Fax 850.638.8069 Fax Jacksonville,FL 32256 352.343.4914 Fax 407.944.0424 Fax Tampa,FL 33617 904.737.5990 813.898.2711 904.737.5995 Fax 813.898.2712 Fax Licenses:PSM/PLS:Florida Professional Surveyor&Mapper•PLS:Alabama Professional Land Surveyor•RLS:Georgia Registered Land Surveyor•PE:Professional Engineer Certifications:El:Engineering Intern•GISP:Geographic Information Systems Professional•CST:Certified Survey Technician 137 Page 2 Mr. David W. Schryver,PSM 58th Avenue Route Survey& Approximate R/W March 30,2015 7. Vertical control will be relative to NAVD'88 Datum. 8. Topographic coverage along the 58th Avenue, route will extend a minimum of 10 feet outside of the approximate right-of-way or to the face of a subdivision wall/fence.For all side streets (18 total)along the route,coverage will extend 100 feet from the approximate 58th Avenue right-of-way. The final product will be certified prints and an electronic file of same on disk for your use. Our fee for the above referenced work is outlined on the attached fee schedule. We anticipate completion of the above described work within sixty(60)days after receipt of a written notice to proceed. We look forward to the opportunity to work with you on this project. Sincerely, 00111 Bruce C. Ducker,P.S.M. Project Surveyor BCD:gac If the above scope, period of service and method of compensation meets with your approval, please execute below and fax to Southeastern Surveying and Mapping Corporation (SSMC) as notice to proceed along with the notice of commencement. The person executing this document must indicate that he/she is a Principal and/or Corporate Officer. If the signatory is not a Principal and/or Corporate Officer, a Letter of Authorization on company letterhead signed by a Principal and/or Corporate Officer, MUST be provided that specifically states that signatory has the authority to bind the parties by entering into this agreement. ACCEPTED BY: Principal/or Corporate Officer TITLE Printed Name Date t:\proposal\indian river county\route survey_58th ave 57 th st to cr 510_design toporw.docx 138 O O 0000000000 1 O O O O O O O O O O O -.= 0 O O O O O O O C O p p c ', I u, 0 0 0 0 Gp�! 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I a to 00 R c y y I C y k: I I t A O y h C a a i o C Q a��i z . �pp M� a 1 b 0 ,x O > 0 I o ( - o 3 _U =° U v O L' g I) 0 I Ra .a a 0co po 0 .§ U y y .0 .0 EMIN N M O U C = U .4 U U E.n a OoG I o a > a o c°'i .0 H aa)i et O c FF••�� t, a a CC y 'o U S'i a=i = u • 0 W c A p a°�i WW Cd E .5 I d' °1 R. �' `n c A b I a`. v) UE. 4 o to U U U O rd DD 0n u C. 11) W z c baa a n0 o °�j ij: w D Ei0 tin a U m o ^� ~ pp O a Z a0. "' a I � O = I I 0. 8 G. U • 0' 4 es, 0 i Frl C4 U W E-- E-- H E-1 v4 R. Gi O' I ..1 14 139 CONSENT • 1i) • INDIAN RIVER COUNTY '1 , FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Cv\A----' AND Christopher J. Kafer,Jr., P.E., County Engine • FROM: David W. Schryver, P.S.M., County Surveyor SUBJECT: Work Order No. 2—Kimley-Horn and Associates, Inc. Indian River Boulevard Sidewalk(37th Street to 53rd Street) Topographic Design Survey IRC Project No. 1415 DATE: April 9, 2015 DESCRIPTION AND CONDITIONS On October 1,2013,the Indian River County Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping Services Contract 1333 with Kimley-Horn and Associates, Inc. and on October 17, 2014 renewed the agreement for one year. Work Order No. 2 with Kimley-Horn and Associates, Inc., is to perform all related field and office surveying and mapping services in connection with the preparation of a topographic design survey for sidewalk construction over a portion of Indian River Boulevard right-of-way. The survey will begin at 37th Street and extend northerly to 53rd Street(approximately 2.50 miles). This project will provide Indian River County Engineering staff with a comprehensive topographic survey to be utilized in the design of sidewalk improvements. Attached, please find Kimley-Horn and Associates, Inc. Work Order No. 2 to provide the requested professional surveying and mapping services. Kimley-Horn and Associates, Inc.has submitted Exhibit A, Scope of Services, outlined in the attached Work Order No. 2, for a lump sum amount of$20,195.00. FUNDING Funding for this project in the lump sum amount of$20,195.00 is budgeted and available through the Secondary Roads Gas Tax, Account No. 10921441-033490-05007 Annual Survey Services. F:\Public Works\ENGINEERING DIVISION PROJECTS\1415-IR Blvd Sidewalk_37th St to 53rd St\Admin\agenda items\04-09-15 140 Kimley Horn memo BCC Agenda Indian River Blvd.sidewalk 37th Street to 53rd Street.doc PAGE TWO BCC Agenda item from David W. Schryver, P.S.M. For May 5, 2015 BCC RECOMMENDATION Staff recommends approval of the attached Work Order No.2,authorizing the above mentioned project as outlined in the attached Scope of Services, and requests the Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 2 on their behalf. ATTACHMENTS 1. Kim ley-Horn and Associates, Inc., Work Order No. 2 2. Exhibit A—Scope of Services APPROVED AGENDA ITEM Indian River County Approvy, Date 22��`/j Administration II `f� .7aFR: May 5, 2015 Budget ik9/e By:.� ►i s /. I /' Legal ' a / Public Works tii -,2.7 -75Engineering 9_,i- y,z 7-/3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1415-IR Blvd Sidewalk_37th St to 53rd St\Admin\agenda items\04-09-15 141 Kimley Horn memo BCC Agenda Indian River Blvd.sidewalk 37th Street to 53rd Street.doc 416, Board of County Commissioners Administration-Building A 1801 27th Street Vero Beach,Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: Indian River Boulevard Sidewalk — (37th Street to 53rd Street) Topographic Design Survey IRC Project No. 1415 WORK ORDER NO. 2 (Engineering/Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING SERVICES WITH Kimley-Horn and Associates, Inc. In accordance with Contract No. 1333 2014-2015 This Work Order No. 2 is in accordance with the existing AGREEMENT dated October 1, 2013, and renewed on October 17, 2014 between Kimley-Horn and Associates, Inc., (SURVEYOR) and Indian River County (COUNTY): SECTION I — PROJECT LIMITS This Work Order No. 2 is for the SURVEYOR to perform all related field and office surveying and mapping services in connection with the preparation of a topographic design survey for sidewalk construction over a portion of Indian River Boulevard right-of-way. The survey will begin at the intersection of 37th Street and Indian River Boulevard and extend northerly along Indian River Boulevard to the intersection of Indian River Boulevard and 53rd Street. SECTION II -SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional services to complete all tasks as outlined in this Work Order No. 2; specifically detailed in the attached proposal Exhibit A. SECTION III —TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 45 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". C:\Users\chris.demeter\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\62YG17EF\IRC Kimhey Horn WO No 2 142 04-09-15.doc IRC Work Order No.2 Kimley-Horn and Associates, Inc. May 5,2015 Page 2 of 3 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with Autocad files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, Four (4) paper "hardcopy" signed and sealed drawing sets. Sheeted and model space (as applicable) AutoCAD drawing file in AutoCad Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and project number; survey notes, legend and abbreviations and plan view sheets. d. Work product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for design and analysis of the area, as defined. It shall contain all information necessary for a third party surveyor to independently recreate or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV—COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 2 for a total lump sum fee of$20195.00 All and/or any additional services not described hereon shall be pre-approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2014 through September 30, 2015. All invoicing shall include Project Number 1415, Work Order No. 2 (WO 2), Contract Number 1333, itemize man-hours and materials expended to complete the scope of services. Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, contract No. 1333 with the COUNTY and as stated in Section II, Ill and IV hereon. 143 IRC Work Order No.2 Kimley-Horn and Associates, Inc. May 5,2015 Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2015. OWNER KIMLEY-HORN AND ASSOCIATES, INC. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman Derrick B. Cave, P.E., Sr. Vice President Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Witnessed by: Comptroller co,„ D,.,:&--- Deputy Clerk (Signature) Approved as to Form and Legal Sufficiency: 71(t/i()-11 4/ / C-0466 xylan Reingold, UN7Y Attorney (Printed name) C /seph . aird, • NTY idministrator 144 "EXHIBIT A" KimIey> Horn April 21,2015 David W. Schryver, PSM Indian River County Surveyor Survey Section—Engineering Division 1801 27th Street,Vero Beach,Fl 32960-3388 772-226-1386 Re: Professional Services Agreement Contract 1333 Indian River Boulevard—Topographic Survey for Sidewalk Design Dear Mr. Schryver, Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter agreement (the "Agreement") to Indian River County ("Client") for providing professional Survey and Mapping services. Our project understanding, scope of services, schedule, and fee are below. Project Understanding It is our understanding that Indian River County is requesting survey and mapping services for the preparation of a Topographic Survey for portions of Indian River Boulevard from 37th Street to 53rd Street. SCOPE OF SERVICES Kimley-Horn will provide the services specifically set forth below. Task I—Topographic Survey This scope of services is for the preparation of a Topographic Survey for the westerly portion of Indian River Boulevard lying between 37th Street and 53rd Street.A portion of this corridor has an existing sidewalk along the westerly side of Indian River Boulevard. The portion of Indian River Boulevard that has an existing sidewalk will not be surveyed as part of this task. Elevations will be obtained at 100' stations from the east edge of the southbound lanes of Indian River Boulevard to 20' west of the west right of way line of Indian River Boulevard. Drainage structures,driveways and improvements lying between the southbound lanes and the westerly right of way line will be located and plotted. An edge of landscaping line and/or an edge of vegetation line will be shown. The topographic information and elevations will be plotted on the digital base map of Indian River Boulevard. kimley-hom.com 445 24th Street.Suite 200.Vero Beach,FL 32960 772 794 4100 145 Kimley>>>Horn April 21,2015 Page 2 of 3 The survey and mapping services will be performed in accordance with Chapter 472 Florida Statutes and Chapter 5J-17 Standards of Practice as set forth for these types of surveys. SCHEDULE We will provide our services in an expeditious and orderly manner to meet the schedule mutually developed by the Client and Consultant for the various elements of the project as described in the executed Work Order No. 2. DELIVERABLES 5 signed and sealed copies of the Topographic Survey on 24"by 36"sheets. Digital AutoCad file and PDF of the Topographic Survey. FEE KHA will perform the Scope of Services for a lump sum fee of$20,195.00 CLOSURE In addition to the matters set forth herein,our Agreement shall include and be subject to, and only to,the terms and conditions in the existing AGREEMENT dated October 1, 2013 and renewed on October 17, 2014 between Kimley-Hom and Associates, Inc., (SURVEYOR)and Indian River County(COUNTY)under the Continuing Services Contract No. 1333. kimley-horneom 445 24th Street,Suite 200,Vero Beach,FL 32960 772 794 4100 146 Kimley>>>Horn April 21,2015 Page 3 of 3 We appreciate the opportunity to provide these services to you. Please contact me at 772- 794-4050 or chris.demeter(kimley-horn.com should you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. 040 PP 0 at Chris Demeter,PSM Bri. .od, P.:. Vice President Sr. is- Pres'.-nt Attachment—Fee estimate spreadsheet Indian River County Agreed to this day of ,2015. By: Witness: kimle-3iorucam 445 24th Street.Suite 200.Vero Beach,FL 32960 772 794 4100 147 ,) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 to O 0 0 0 O O O O 0 0 O O o tri H r co. r) O (Oo V 00 N CO m• m - 1- to C7 N M .- O 6 0 N N CO fra H R e- 0 0 O N EA v 0 o. 2 N U O O O m 0 0 3 e- N V 69- o N U 69 w o , 0 00 0 0 CO CC CC CO 7 6O c7) 2 (0 N v u, 3 0 0 i- N a. O to O O N 0 0 r- O O c C .- -. V M N O 0 0- 22 N o > 4.+ 3 U w N I- U) "0 H 0 o 0 M w w y c 3 O 0 ci � H W I- rte) crk Opp ~ 2V i» +a C 0 O 0 Cn f0 tri 6 _- (I) �.•E co0 69 tiO 0 _c V) M ¢ H E0 0 0 o o N 0 0 Y- (/) f0 N 69 O 0 0 69 0. D_ 0 0 0 0 Y_ 0 C CO o 0 CO 0 15 &I H U U fA O c 'dd F- _ Q N N 0 10 0 0 N0 C C m- V' t[) 0 0 C0 CO 0 (l . O) N U 003 O_ fH v U m m C c v N O N ( DUB IA)N > /A F- Q 0 0 0 'pO ., 8 0 0 (a 10 V) O Z N v) 0 o Q fA o 0 cn CLLI r N O O O i O Q O 0, O 0 0- tri 16 4C) � Z M U) D.cri _) to C 69 O J co O (n to 10_. tiw c s0'0 O _T y N C C O 0 E O a) U c U 3 > 0 t6 N O 2 E 0n�; to a C m rn E (n N 2 7 csi O v O U c o O .c N o 0 >' O 'O .�O 7 C V t9 0 .Q 0 O N O •. .0 0 0 8 72 O N 0 '00 > L N O o U 0 b O .N-. V ^ 0 Q C 70 D O N 7 N M 0 O O :6 N O d Q N U t-. N N C N 7 o 0 0 Ctom O N N 0 7 U C F- o a) >tan; t 0 L O E m N u) Nm w _ a)I U 0 0 3 -c my -o r F (n V) > COm > y >.h-0 ill t` m =O T(J) L L .c N N 3 O N C N 0) LL ›'• co N Q N N CO C O 0 CO f6 3 0 0_0 0 0 O c J ii CD ' co N0 00 o 2 a o o 148 C w wo o 3 0 •° 2 m v v 0 co 2 H CONSENT fkaim INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director C AND �/Christopher J. Kafer,Jr., P.E., County Engine �'�► FROM: David W. Schryver, P.S.M., County Surveyor SUBJECT: Work Order No. 3—Carter Associates, Inc. 49th Street—(58th Avenue to 31st Avenue)Topographic Design Survey IRC Project No. 1414 DATE: April 9, 2015 DESCRIPTION AND CONDITIONS On October 1,2013,the Indian River County Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping Services Contract 1333 with Carter Associates, Inc. and on October 17, 2014 renewed the agreement for one year. Work Order No. 3 with Carter Associates, Inc., is to perform all related field and office surveying and mapping services in connection with the preparation of a topographic design survey for a portion of 49th Street.The survey will begin at 58th Avenue and extend east to 31St Avenue(approximately 1.80 miles). This project will provide Indian River County Engineering staff with a comprehensive topographic survey to be utilized in the design of roadway improvements. Attached, please find Carter Associates, Inc. Work Order No. 3 to provide the requested professional surveying and mapping services. Carter Associates, Inc. has submitted Exhibit A, Scope of Services, outlined in the attached Work Order No. 3, for a lump sum amount of$33,640.00. FUNDING Funding for this project in the lump sum amount of$33,640.00 is budgeted and available through the Secondary Roads Gas Tax,Account No. 10921441-033490-05007 Annual Survey Services. F:\Public Works\ENGINEERING DIVISION PROJECTS\1414-49th St_58th Ave to 31st Ave\Admin\agenda items\04-09-15 Carter 149 memo BCC Agenda 49th street 58th Ave.to 31st Ave..doc PAGE TWO BCC Agenda item from David W. Schryver, P.S.M. For May 5,2015 BCC RECOMMENDATION Staff recommends approval of the attached Work Order No.3,authorizing the above mentioned project as outlined in the attached Scope of Services, and requests the Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 3 on their behalf. ATTACHMENTS 1. Carter Associates, Inc., Work Order No. 3 2. Exhibit A—Scope of Services APPROVED AGENDA ITEM Indian River County PIM Date Administration EMS:, 9 30 ) FOR: May 5, 2015 Budget W4112111111702111 41 BY/,I .• 1 A _II►g e/ Legal '�:�' •� Public Works _ .2'r Engineering IIIIMEM' /AllEMI F:\Public WorksENGINEERING DIVISION PROJECTS\1414-49th St_58th Ave to 31st Ave\Admin\agenda items\04-09-15 Carter 150 memo BCC Agenda 49th street 58th Ave.to 31st Ave..doc Board of County Commissioners Administration-Building A 1801 27th Street Vero Beach,Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 49th Street — (58th Avenue to 31st Avenue) Topographic Design Survey IRC Project No. 1414 WORK ORDER NO. 3 (Engineering/Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING SERVICES WITH Carter Associates, Inc. In accordance with Contract No. 1333 2014-2015 This Work Order No. 3 is in accordance with the existing AGREEMENT dated October 1, 2013, and renewed on October 17, 2014 between Carter Associates, Inc., (SURVEYOR) and Indian River County (COUNTY): SECTION I — PROJECT LIMITS This Work Order No. 3 is for the SURVEYOR to perform all related field and office surveying and mapping services in connection with the preparation of a topographic design survey for a portion of 49th Street. The survey will begin at the intersection of 58th Avenue and 49th Street and extend east along 49th Street to the intersection of 49th Street and 31st Avenue. SECTION II -SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional services to complete all tasks as outlined in this Work Order No. 3; specifically detailed in the attached proposal Exhibit A. SECTION III —TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 60 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". 151 C:\Users\sybilw.CAI\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLKC7A2\IRC CARTER WO No 3 04-09-15.doc IRC Work Order No.3 Carter Associates, Inc. May 5,2015 Page 2 of 3 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with Autocad files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, Four (4) paper "hardcopy" signed and sealed drawing sets. Sheeted and model space (as applicable) AutoCAD drawing file in AutoCad Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and project number; survey notes, legend and abbreviations and plan view sheets. d. Work product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for design and analysis of the area, as defined. It shall contain all information necessary for a third party surveyor to independently recreate or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards defined by Sections II, Ill and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV—COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 3 for a total lump sum fee of$33,640.00 All and/or any additional services not described hereon shall be pre-approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2014 through September 30, 2015. All invoicing shall include Project Number 1414, Work Order No. 3 (WO 3), Contract Number 1333, itemize man-hours and materials expended to complete the scope of services. Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, contract No. 1333 with the COUNTY and as stated in Section II, Ill and IV hereon. 152 IRC Work Order No.3 Carter Associates, Inc. May 5,2015 Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2015. OWNER Carter Associates, Inc. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 41110Z_ s Wesley S. Davis, Chairman David E. Luethje, Vice President Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Witnessed by: Comptroller / Deputy Clerk 7ST na re) Approved as to Form and LL://{1 Legal sufficiency: I /IL4 � .1 l ,I��QSc) ..kMylan Reing/old, C Attorney (Prnfed name) <cyG�fliir2, � Jleph COUNTY , ministratorosr 153 PROPOSAL - EXHIBIT "A" WORK ORDER NO. 3 (Engineering/Survey) Continuing Professional Surveying & Mapping/GIS Services, Contract 1333, 2014-2015 Indian River County Project No. 1414 CARTER ASSOCIATES, INC. Consulting Engineers&Surveyors 1708 21St Street Vero Beach, FL 32960 772-562-4191 772-562-7180 Fax CLIENT: CAI JOB NO.: INDIAN RIVER COUNTY 15-283S BILLING ADDRESS: PHONE# (772) 226-1386 Surveying and Mapping Department FAX# 1801 27th Street CELL# Vero Beach, Florida 32960 PROJECT LIMITS DATE ORDERED: 49th Street(Lindsey Road)— ±9,500 feet; and, April 3, 2015 Indian River Farms Water Control District(I.R.F.W.C.D.) Sub-Laterals A-8 & H-2 Canals; Services performed within parts of Sections 21 & 22, Township 32 South, Range 39 East, Indian River County, Florida EST. COMPLETION DATE See Below ORDERED BY: TAKEN BY: COST: David Schryver, PSM David E. Luethje, PSM $ 33,640.00 LEGAL DESCRIPTION (Lot, Block, S/D/Sec-Twp-Rge): Part of Sections 21 & 22, Township 32 South, Range 39 East, Indian River County, Florida. PROPERTY STREET ADDRESS : 49th Street (Lindsey Road) — 58th Avenue East to 31st Avenue (1S/4 Mile) SERVICES TO BE PERFORMED: See Sheets 2-6 for Scope, Completion, Deliverables and Compensation J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\15-283S_IRC 49th St-58th Ave E to 31st Ave WO.doc 1 of 6 154 PROPOSAL - EXHIBIT "A" Continued WORK ORDER NO. 3 (Engineering/Survey) Continuing Professional Surveying & Mapping/GIS Services, Contract 1333, 2014-2015 CAI Job. No. 15-283S IRCounty Project No. 1414 IRCounty Contract No. 1333 IRC Work Order No. 3 Project Limits: Main Corridor 49th Street (Lindsey Road) — From 100 feet west of the intersection with Kings Highway (58th Avenue) easterly to 100 feet east of the intersection with 31St Avenue Indian River Farms Water Control District (I.R.F.W.C.D.) Sub Lateral A-8 and H-2 Canals — From 100 feet west of Kings Highway(58th Avenue)east to intersection with IRFWCD Lateral H Canal Side Streets Kings Highway(58th Avenue)— 100 feet north and south of the intersection with 49th Street 31St Avenue- 100 feet north of the intersection with 49th Street 32"Avenue- 100 feet south of the intersection with 49th Street 33"Avenue- 100 feet north and south of the intersection with 49th Street 34th Avenue- 100 feet south of the intersection with 49th Street 35th Avenue- 100 feet south of the intersection with 49th Street 38th Circle- 100 feet south of the intersection with 49th Street 40th Avenue- 100 feet south of the intersection with 49th Street 43"Avenue- 100 feet south of the intersection with 49th Street 47th Court- 100 feet south of the intersection with 49th Street 49th Street North(?)- 100 feet north of the intersection with 49th Street 50th Drive- 100 feet south of the intersection with 49th Street 51St Ave- 100 feet south of the intersection with 49th Street 51st Court- 100 feet north of the intersection with 49th Street I.R.F.W.C.D. Lateral H Canal— 100 feet north and south of the intersection with 49th Street Services performed within parts of Sections 21 and 22,Township 32 South,Range 39 East, Indian River County,Florida. J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\15-283S_IRC 49th St-58th Ave E to 31st Ave WO.doc 2 of 6 15 Project Scope: The Surveyor shall provide Professional Land Surveying services to include the following: I. Horizontal and Vertical Control -field establish horizontal and vertical control along the subject roadway right of way and I.R.F.W.C.D.right of way route. 1. Set traverse control points along the approximate 9,500 feet of project survey route tied to Florida State Plane Coordinate System(NAD 83/2011). 2. Survey ties to the Indian River County Real-Time Kinematic Global Positioning System Control Network. 3. Permanent vertical benchmarks will be set either with a nail in tree or power pole; an"X"chiseled or"square"cut in concrete, at 1,000 feet intervals. H. Sectional Ties, Property Corners-Subdivision PRM's and Baseline Control - field observe and record property corners, sectional corners, quarter section corners,tract corners, side-street parcel corners. 1. Recover and record all associated section corners, quarter section corners, tract corners, and permanent reference monuments of adjacent platted subdivisions 2. Set control points (rebars/caps) along an offset (TBD) to the baseline of the right-of-way corridor at an interval distance not to exceed 1000 feet. III. Road Right of Way Topography — Full Topographic Survey of all above ground improvements and natural features within the Right of Way of 49th Street and associated side streets as indicated above, including the following: 1. Observe and record all paved and unpaved roads including bridge decks, curbs and lane lines. 2. Observe and record all driveways, sidewalks and landscaped areas within the right of way. 3. Observe and record all mail and news boxes. 4. Observe and record fences and/or privacy walls within 20 feet of the right of way line. 5. Observe and record any grade breaks(swales,berms, slopes, etc.). 6. Observe and record all above ground utilities (power poles, water meters, water valves, riser boxes, cleanouts, etc.). 7. Observe and record all storm water drainage structures (pipe culvert inverts, catch basins, spillways, etc.), including inverts of associated pipes outside of the right of way. 8. Observe and record all above ground visual sanitary sewer systems (gravity flow or force mains), including inverts of associated pipes outside of the right of way. 9. Observe and record all wood lines or tree lines and Oak trees 6 inches and larger within the subject right of way. (Locations of all Pine trees,Brazilian Pepper trees or cabbage palms are not included in this proposal) 10. Cross-sections will be observed at 100 foot intervals and spot elevations 20 feet either side of right of way limits. IV. I.R.F.W.C.D. Lateral H and Sub-Lateral A-8 and H-2 Right of Way Topography—Top of banks adjacent to all roads surveyed within the corridor will be located at each cross-section. A canal cross-section (top of bank, bottom of bank, toe and centerline of ditch) will be taken every 100 feet. Including the following items: 1. Observe and record all paved and unpaved roads used for access by the I.R.F.W.C.D.within the corridor. 2. Observe and record all drainage structures (pipe culvert inverts, catch basins, spillways, etc.), including inverts of associated pipes outside of the right of way. 3. All elevations will be referenced to the North American Vertical Datum of 1988 (N.A.V.D. 88) and tied to Indian River County or National Geodetic Survey(N.G.S.)benchmarks. Any Indian River County or N.G.S. benchmark within the project's corridor will be observed,recorded and indicated upon the survey. 4. The Right of Way Topographic Survey will be based upon the 1983 North American Datum (NAD83), Adjustment of 2011 and projected in the Florida State Plane Coordinate System, East Zone. All horizontal control points will be tied to the Indian River County Real-Time Kinematic Global Positioning System Control Network. J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\15-283S_IRC 49th St-58th Ave E to 31st Ave WO.doc 3 of 6 156 V. Computations and Drafting- Road and I.R.F.W.C.D.Right of way Topography Maps: 1. Data reduction, computation/verification of right of way limits (as furnished), horizontal and vertical control, computation and ties to sections,tracts and/or adjacent parcels. 2. Drafting of topographic right-of-way maps depicting the existing road right of way of a portion of 49th Street and associated side streets described above. (No title work, review or research included). 3. Data reduction, computation of right of way limits, horizontal, vertical control and drafting of I.R.F.W.C.D. right- of-ways depicting the existing specific features and cross section transects requested of a portion of the Indian River Farms Water Control District Lateral H Canal and Sub-Lateral A-8 and H-2 Canals. General Information: 1. Indian River County to furnish boundary surveys, recorded plats, Right of Way Maps and/or relevant information helpful to the positioning of the project from Indian River County files. 2. If required — Indian River County will provide owner/encumbrance and title search reports of adjacent parcel bordering and/or within the established limits along the corridor. 3. If required—Indian River County Surveying Division will coordinate and/or notify adjacent parcel owners along the specific route of the possible commencement dates of survey services and, if necessary,the possible access by the contractor to the respective adjacent parcels to perform their duties. Deliverables: 1. Four signed and sealed Topographic Surveys to meet and/or exceed the requirements for the Standards of Practice (Chapter 5J-17)per Florida Administrative Code. 2. An AutoCAD electronic file(in AutoCAD Civil 3D 2013)on C.D. or D.V.D. 3. A PDF of the survey including sheets with CAI border on C.D. or D.V.D. 4. A 100%paper submittal will be furnished within sixty(60)calendar days from the notice to proceed. Compensation: Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, Contract No. 1333 with Indian River County. I. Horizontal and Vertical Control—Field Surveyor I 2 hours @$14O.00/hr $280.00 Surveyor II 4 hours @$125.00/hr $ 500.00 3-Man Survey Crew 20 hours @$130.0O/hr $ 2,600.00 Geodetic Processing 2 hours @$14O.00/hr $ 280.00 Total I $3,660.00 J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\15-2835_IRC 49th St-58th Ave E to 31st Ave WO.doc 4 of 6 157 II. Sectional Ties, Property Corners-Subdivision PRM's,IRFWCD R/W and Baseline Control -Field Surveyor I 2 hours @$140.00/hr $280.00 Surveyor II 6 hours @ $125.00/hr $ 750.00 3-Man Survey Crew 24 hours @$130.00/hr $ 3,120.00 Geodetic Processing 3 hours @$140.00/hr $ 420.00 Total II $ 4,570.00 III. Road Right of Way Topography—Field Surveyor II 16 hours @$125.00/hr $ 2,000.00 3-Man Survey Crew 64 hours @$130.00/hr $ 8,320.00 Geodetic Processing 8 hours @ $140.00/hr $ 1,120.00 Total HI $ 11,440.00 IV. I.R.F.W.C.D. Lateral and Sub-Lateral Right of Way Topography—Field Surveyor II 6 hours @ $125.00/hr $ 750.00 3-Man Survey Crew 24 hours @$130.00/hr $3,120.00 Geodetic Processing 3 hours @ $140.00/hr $ 420.00 Total IV $4,290.00 V. Computations and Drafting- Office Surveyor II 16 hours @ $125.00/hr $ 2,000.00 CAD Technician I 96 hours @$80.00/hr $ 7,680.00 Total V $ 9,680.00 TOTAL I—V $33,640.00 Lump Sum Fee J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\15-283S_IRC_49th St-58th Ave E to 31st Ave WO.doc 5 of 6 158 INDIAN RIVER COUNTY PROFESSIONAL SURVEYING AND MAPPING/ GIS SERVICES CONTRACT 1333 —OCTOBER 1,2014—SEPTEMBER 30, 2015 FEE SCHEDULE OFFICE: Surveyor I (Director/P.S.M.) $140.00 Surveyor II (Project Manager/P.S.M.) $125.00 CADD Technician I (Senior Survey Technician) $ 80.00 CADD Technician II (Cadd/Processing) $ 70.00 Geodetic Processing $140.00 GIS Technician/Analyst $105.00 Word Processing (Administrative Assistant (Research- Clerical) $ 40.00 FIELD: 3-Man Survey Crew $130.00 2-Man Survey Crew $120.00 SPECIALIZED EQUIPMENT: 12' Airboat $1,000/Day All Terrain Vehicle (ATV) $300/Day Swamp Buggy $800/Day ANTICIPATED REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24"x36") $2.00 Ea. Mylar $7.00 Ea. Photocopies: 8.5"x 11" $0.15/Ea. 8.5"x 14" $0.25/Ea. 11" x 17" $0.35/Ea. Concrete Monuments $15.00/Ea. Rebar $ 2.50/Ea. Laths $ 0.75/Ea. Sub-Consultants Cost+ 10% David E. Luethje, PSM Date J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\15-283S_IRC_49th St-58th Ave E to 31st Ave WO.doc 6 of 6 159 CONSENT INDIAN RIVER COUNTY, FLORIDA Q MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director AND Christopher J. Kafer,Jr., P.E., County Engine FROM: David W. Schryver, P.S.M., County Surveyor��,1J SUBJECT: Work Order No. 2—Masteller, Moler&Taylor, Inc. (formerly Masteller, Moler, Reed &Taylor, Inc.) 69th Street left turn lane at U.S. Highway No. 1 Topographic Design Survey IRC Project No. 1360 DATE: April 21, 2015 DESCRIPTION AND CONDITIONS On October 1,2013,the Indian River County Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping Services Contract 1333 with Masteller, Moler&Taylor, Inc. and on October 17, 2014 renewed the agreement for one year. Work Order No.2 with, Masteller, Moler&Taylor,Inc.,is to perform all related field and office surveying and mapping services in connection with the preparation of a topographic design survey for a portion of 69th Street. The survey limits shall be from the centerline of right-of-way of U.S. Highway No. 1 to 1100 feet west of Old Dixie Highway including 100 feet each way on side streets and the FEC railroad. The survey limits shall also extend 1,100 feet north and south of 69th Street along Old Dixie Highway. The approximate length of the right of way limits is 3,600 linear feet(0.68 miles). This project will provide Indian River County Engineering staff with a comprehensive topographic survey to be utilized in the design of turn lane improvements. Attached, please find Masteller, Moler & Taylor, Inc. Work Order No. 2 to provide the requested professional surveying and mapping services. Masteller, Moler&Taylor, Inc. has submitted Exhibit A, Scope of Services, outlined in the attached Work Order No. 2,for a lump sum amount of$20,115.00. FUNDING Funding for this project in the lump sum amount of$20,115.00 is budgeted and available through the Optional Sales Tax, Account No. 31521441-166510-15022— 69th Street Left Turn Lane at US 1. F:\Public Works\ENGINEERING DIVISION PROJECTS\1360-69th St Left Turn Lane @ US1\Admin\agenda items\04-09-15 MMT 160 BCC Agenda 69th Street left turn lane at US 1.doc PAGE TWO BCC Agenda item from David W. Schryver, P.S.M. For May 5, 2015 BCC RECOMMENDATION Staff recommends approval of the attached Work Order No.2,authorizing the above mentioned project as outlined in the attached Scope of Services, and requests the Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 2 on their behalf. ATTACH M ENTS 1. Masteller, Moler&Taylor„ Inc., Work Order No. 2 2. Exhibit A—Scope of Services APPROVED AGENDA ITEM Indian River county Approved_ Date Administration �� / FOR: Ma 5 2015 I grf 2-47 Budget �j, SISI BY: „A_r_,r , ,•1/ , Legal �/� Public Works C� 2 7- !S Engineering 11111. 1110 MI I 11112111 F:\Public Works\ENGINEERING DIVISION PROJECTS\1360-69th St Left Turn Lane @ US1 Wdmin\agenda items\04-09-15 MMT 161 BCC Agenda 69th Street left turn lane at US 1.doc Board of County Commissioners Administration-Building A 1801 27th Street Vero Beach,Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 69th Street Left Turn Lane at U.S Highway No. 1 Topographic Design Survey IRC Project No. 1360 WORK ORDER NO. 2 (Engineering/Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING SERVICES WITH Masteller, Moler& Taylor, Inc. (formerly Masteller, Moler, Reed & Taylor, Inc.) In accordance with Contract No. 1333 2014-2015 This Work Order No. 2 is in accordance with the existing AGREEMENT dated October 1, 2013, and renewed on October 17, 2014 between Masteller, Moler & Taylor, Inc. (formerly Masteller, Moler, Reed &Taylor, Inc.), (SURVEYOR) and Indian River County (COUNTY): SECTION I—PROJECT LIMITS This Work Order No. 2 is for the SURVEYOR to perform all related field and office surveying and mapping services in connection with the preparation of a topographic design survey for roadway improvements for a portion of 69th Street. The survey limits shall be from the centerline of right-of-way of U.S. Highway No. 1 to 1,100 feet west of Old Dixie Highway including 100 feet each way on side streets and the FEC railroad. The survey limits shall also extend 1,200 feet north and south of 69th Street along Old Dixie Highway. The approximate length of the right of way limits is 4,300 linear feet (0.81 miles). SECTION II -SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional services to complete all tasks as outlined in this Work Order No. 2; specifically detailed in the attached proposal Exhibit A. SECTION III —TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 45 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. S:\DOCUMENTS\WORK ORDERS\IRC#1333-Work Orders\IRC MMT WO No.2 04-09-15.doc 162 IRC Work Order No.2 MM&T,Inc. May 5,2015 Page 2 of 3 b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with Autocad files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, Four (4) paper "hardcopy" signed and sealed drawing sets. Sheeted and model space (as applicable) AutoCAD drawing file in AutoCad Civil 3D 2013, or compatible with AutoCad Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and project number; survey notes, legend and abbreviations and plan view sheets. d. Work product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for design and analysis of the area, as defined. It shall contain all information necessary for a third party surveyor to independently recreate or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards defined by Sections II, Ill and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV—COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 2 for a total lump sum fee of$20,115.00 All and/or any additional services not described hereon shall be pre-approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2014 through September 30, 2015. All invoicing shall include Project Number 1360, Work Order No. 2 (WO 2), Contract Number 1333, itemize man-hours and materials expended to complete the scope of services. Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, contract No. 1333 with the COUNTY and as stated in Section II, III and IV hereon. 163 IRC Work Order No.2 MM&T,Inc. May 5,2015 Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2015. OWNER MASTELLER, MOLER & TAYLOR, INC. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA &41.74..ai 9 Wesley S. Davis, Chairman David M. Taylor, President Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Witnessed by: Comptroller .1v i ' 4`4 Deputy Clerk (Signature) Approved as to Form and Legal Sufficiency: 1 d�-e. L. P /ass�. ,,?,A1.1: Dylan Reingold, COUNTY Attorney Punted name) sep rd, Cac • N .dministrator /900) 164 EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES Work Order No. 2 (Engineering/Survey) Continuing Professional Surveying and Mapping/GIS Services Contract#1333 Indian River County Project#1360 PROJECT: 69th Street and U.S. Highway No. 1 PHONE: Work - (772) 226-1386 CLIENT NAME: Indian River County— David Schryver PHONE: Fax - (772) 778-9391 SITE 69th Street and U.S. Highway No. 1 MAILING 1801 27th Street ADDRESS: Vero Beach, FL 32968 ADDRESS: Vero Beach, FL 32960 69th Street and U.S. Highway No. 1 Right of Way and Topographic Survey Pursuant to our Annual Land Surveying and Mapping/GIS Services Contract 1333, Masteller, Moler & Taylor, Inc., formerly known as Masteller, Moler, Reed & Taylor, Inc. is pleased to provide Indian River County with this proposal for performance of a Specific Purpose Survey to establish Right of Way and perform a Topographic Survey for property located in Indian River County and lying in Section 31, Township 033 South, Range 040 East which shall include the following: Project Outline and Limits: The Survey limits are generally described as 69th Street from the intersection of U.S. Highway No.1 to 1100 feet west of Old Dixie Highway including 100 feet each way on U.S. Highway No. 1 and the FEC Railroad. The survey limits shall also extend 1,200 feet north and south of 69th Street along Old Dixie Highway. The approximate length of the right of way limits is 4,300 linear feet (0.81 miles). Scope of Services: Task 1: Right of Way and Topographic Survey 1) Project initiation, including review of existing deeds and surveys, files and field notes, preparation of work orders and field crew folders. 2) Find, recover and measure field ties into existing survey control along the route to establish the rights of way and baseline of survey. Tie Horizontal Control to Florida State Plane Coordinate System, Florida East Zone, NAD 83. 3) Find and recover existing vertical control. Elevations shall be based upon the North American Vertical Datum of 1988 (NAVD 88) with a conversion to the National Geodetic Vertical Datum of 1929 (NGVD 29) provided. Perform bench run and establish benchmarks along the survey corridor at maximum 600 foot intervals. 4) Field monument baseline control at maximum 600 foot intervals. Control points shall consist of iron rod and cap or nail and disk. Control points shall be designated on survey with station/offset and NAVD '88 elevation. 5) Field locate and record vertical ground elevation cross sections within and 10' outside of right of way at even 50 foot intervals and all distinct locations (inverts, retention areas, swales, ditches etc.) and changes in contour along the right of way corridor. 6) Field locate and record existing improvements and man made features within and 10' outside of right of way, including but not limited to, roads, swales, driveways, culverts, signage and mailboxes, visible utilities, fences etc. within and 10' outside the existing Right of Way. 7) Field locate and identify limits of vegetation and trees, 4" or larger within and 10 feet outside the right of way limits. 8) Process field data and determine limits of existing 69th Street, U.S. Highway No. 1, Old Dixie Highway and FEC Railroad Rights of Way. Prepare survey drawing in accordance with the Standards of Practice for Surveying including cover sheet with location sketch, certifications, related title and project number, notes, legend, abbreviations and plan view sheets. Prepare final deliverables. Masteller, Moler& Taylor, Inc. 1655 27th Street,Suite 2 Vero Beach,FL 32960 Phone: 772-564-8050, Fax: 772-794-0647 E-mail: dt5243(a)bellsouth.net 165 EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES Work Order No. 2 (Engineering/Survey) Continuing Professional Surveying and Mapping/GIS Services Contract#1333 Indian River County Project#1360 Time of Completion and Deliverables: 1. Project shall be completed as follows: a. 100 % "Paper" review submittal (final review prior to final deliverables) shall be made within 45 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing final submittal package. b. Time of Final project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% paper submittal. 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for County review and comment. All submittals shall include one (1) paper "hardcopy" along with Autocad files and an ASCII file for all survey points. County shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, Four (4) paper"hardcopy" signed and sealed sets in adequate recording fashion (I.E. Borders). Sheeted and model space (as applicable) AutoCAD Land Desktop drawing file compatible with Release 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and project number; survey notes, legend and abbreviations and plan view sheets. d. Work product and digital versions are to be prepared and submitted so that the County or other consultants can readily use it for design and analysis of the area, as defined. It shall contain all information necessary for a third party surveyor to independently recreate or utilize the survey work. It is acknowledged all final products become property of Indian River County and will be available for use by the public at large. e. The SURVEYOR's work product shall meet or exceed the minimum standards defined by Sections II, Ill and IV or the COUNTY will not approve the SURVEYOR's request for payment. Compensation: Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, Contract No. 1333 with the Indian River County. I. Project initiation, including review of existing deeds and surveys, files and field notes, preparation of work orders and field crew folders. Find, recover and measure field ties into existing survey control along the route to establish the rights of way and baseline of survey. Tie Horizontal Control to the Florida State Plane Coordinate System, Florida East Zone, NAD 83. Find and recover existing vertical control. Elevations shall be based upon the North American Vertical Datum of 1988 (NAVD 88)with a conversion to the National Geodetic Vertical Datum of 1929 (NGVD 29) provided. Perform bench run and establish benchmarks along the survey corridor at maximum 600 foot intervals. Field monument baseline control at maximum 600 intervals. Control points shall consist of iron rod and cap or nail and disk. Control points shall be designated on survey with station/offset and NAVD '88 elevation. Masteller, Moler& Taylor, Inc. 1655 27th Street,Suite 2 Vero Beach,FL 32960 Phone: 772-564-8050, Fax: 772-794-0647 E-mail: dt5243(a�bellsouth.net 166 EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES Work Order No. 2 (Engineering/Survey) Continuing Professional Surveying and Mapping/GIS Services Contract#1333 Indian River County Project#1360 Surveyor 2 hours @ $ 120.00/hr $ 240.00 Field Supervisor 2 hours @ $ 90.00 /hr $ 180.00 Survey Technician 4 hours @ $ 75.00/hr $ 300.00 Administrative 2 hours @ $40.00/hr $ 80.00 Survey Crew 24 hours @ $ 115.00 /hr $2,760.00 Total I $3,760.00 II. Field locate and record vertical ground elevation cross sections within and 10' outside of right of way at even 50' intervals and all distinct locations (inverts, retention areas, swales, ditches etc.) and changes in contour along the right of way corridor. Field locate and record existing improvements and man made features within and 10' outside of right of way, including but not limited to, roads, swales, driveways, culverts, signage and mailboxes, visible utilities, fences etc. within and 10' outside the existing Right of Way. Field locate and identify limits of vegetation and trees, 4" or larger within and 10 feet outside the right of way limits. Surveyor 2 hours @ $ 120.00/hr $ 240.00 Field Supervisor 10 hours @ $ 90.00/hr $ 900.00 Survey Crew 80 hours @ $ 115.00 /hr $ 9,200.00 Total II $ 10,340.00 Ill. Process field data and determine limits of existing 69th Street, U.S. Highway No. 1, Old Dixie Highway and FEC Railroad Rights of Way. Prepare survey drawing in accordance with Standards of Practice for Surveying including cover sheet with location sketch, certifications, related title and project number, notes, legend, abbreviations and plan view sheets. Prepare final deliverables. Surveyor 16 hours @ $ 120.00/hr $1,920.00 Survey Technician 70 hours @ $ 75.00/hr $5,250.00 Administrative 4 hours @ $40.00/hr $ 160.00 Total III $7,330.00 TOTAL I — Ill ..$21,340.00 Lump Sum Fee I, the undersigned, agree to all the terms of this Agreement. 04/22/2015 kt72;14411(21 Davy Taylor, Presid t Date Masteller, Moler&Taylor, Inc. Masteller, Moler& Taylor, Inc. 1655 27th Street,Suite 2 Vero Beach,FL 32960 Phone: 772-564-8050, Fax: 772-794-0647 E-mail: dt5243(a bellsouth.net 167 � '��►`x` CONSENT AGENDA n� ' . _ i,! INDIAN RIVER COUNTY, FLORIDA * �' '� AGENDA ITEM � Assistant County Administrator/ Department of General Services Date: April 28,2015 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael Zito, Assistant County Administrator Subject: HUD Grant Renewals for Homeless Manage en Information System (HMIS) and Continuum of Care (CoC) Program DESCRIPTION AND CONDITIONS: The Federal Department of Housing and Urban Development("HUD") will continue offering permanent supportive housing to persons experiencing homelessness as well as services including health care, and mental health counseling. Applications were submitted for Fiscal Year (FY) 2014 Continuum of Care (CoC) Program and were officially awarded in January of 2015. The grants are divided into two categories: Supportive Housing Program Grants (HMIS) and Continuum of Care (formerly Shelter Plus Care) Program. The grants are administered by the Treasure Coast Homeless Services Council, Inc. ("TCHSC") in cooperation with the Human Services Division of the State Health Department and Indian River County. In the past, the County has advanced payment requests to the TCHSC upon receipt of a letter from HUD acknowledging the grants and prior to receipt of the actual grant renewal agreements. Last year, the Board of County Commission approved the reimbursement of funds advanced by the TCHSC following receipt of the award letters but prior to receipt of the renewal agreements. This year the TCHSC has agreed to withhold any reimbursement request until the grant renewals are received from the Jacksonville Office. There is no longer a requirement for the execution of the entire grant agreement as has been the case in the past. There is only the "scope of work" which will contain relevant project information as outlined in Exhibit#C. ANALYSIS: Two grant renewals highlighted below have already expired prompting the TCHSC to once again request the County to expedite the approval process upon receipt of the award letters and grant renewals. According to recent correspondence from the TCHSC, the grant awards have been announced and are posted to the HUD website. In order to expedite the execution of the grants, the TCHSC is requesting advance approval of the renewals subject to review and consent by the County Attorney's Office. F:Wssistant County Administrator\AGENDA ITEMS\2015\BCC 05 MAY 2015\BCCMemo-05-05-2015 HUD Grant Renewals Final.doc 168 April 28,2015 Page two Renewal FY 2013 Grant Renewal Projects FLO114L4H091407 Alcohope Renewal $ 67,152 (Renewal of FLOI 14L4H091306 FL0440L4H091403 New Horizons 2 $ 102,180 (Renewal of FL0440L4H091302 FL0360L4H091405 IR Chronics renewal $ 86,988 (Renewal of FL0360L4H091304 FL0119L4H091407 New Chronics $ 102,804 (Renewal of FLO119L4H091306 FL0120L4H091407 New Horizons 1 $ 150,252 (Renewal of FLOI 20L4H091306 FL0116L4H091407 HMIS Expansion Renewal $ 35,400 (Renewal of FLO l 16L4H091306 FL0113L4H091402 CoC Wide TRA Renewal $ 94,272 (Renewal of FLO113L4H091301 FL0308L4H091406 CoC Wide HMIS Renewal $ 24.821 (Renewal of FL0308L4H091305 FL0418L4H091402 HMIS Data Quality $ 27,840 (Renewal of FLO418L4H091301 FL0338L4H091401 CoC Wide TRA TWO Renewal $ 67,152 (Renewal of FL0338C4H090900 TOTAL: $ 758,861 FUNDING: The grants do not require matching funds from the county. RECOMMENDATION: Staff recommends the Board to: 1) acknowledge the renewal of awards by HUD in the aggregate amount of$758,861; 2) Authorize the Budget Office to process reimbursement requests from the TCHSC pursuant to the terms of the original grants; 3) upon receipt of the original HUD agreements and with approval by County Attorney, authorize the Board Chairman to execute; 4) allow the Treasure Coast Homeless Services Council to submit the grant agreement on behalf of the County. ATTACHMENTS: Exhibit A-Treasure Coast Homeless Services Council Inc. letter received 04-16-2015 Exhibit B-U.S. Department of Housing and Urban Development letter of January 26,2015 Exhibit C-Communication from U. S. Dept of Housing and Urban Development,Office of Community Planning and Development Approved Agenda Item Indian River Co. Approved Date For: May 05, 2015 Administration t' ,/3o/i County Attorney Q �. By: )Y. ( Budget /Jos p Baird Department Ili; Con Administrator Risk Management Jos-0. g 169 A Homelen SEXHIBIT Aolution Provider TREASURE COAST HOMELESS SERVICES COUNCIL,INC. Ch SC 2525 St. Lucie Avenue Vero Beach,FL 32960 Treasure Coast Homeless Services Council,Inc. irhsclh@aol.com www.tchelpspot.org 772-567-7790 Ann Demko Office of Management and Budget 1801 27th Street Vero Beach, FL 32960 04/16/2015 Dear Ann: Attached please find documentation from HUD dated January 26, 2015,to Bradley Bernauer,that our CoC project applications were funded for$758,861.00.The enclosure of the letter shows all of the grant awards by number, name and the amount. As you know, renewal awards begin retroactively to the day after the expiration of the previous award. We have been receiving electronic applications for our renewal awards from the Jacksonville Area Office. The renewals will arrive, signed by the Director, Gary Causey, as we complete issues and conditions. I am attaching documentation that we have already address the first renewal, ALCOHOPE, and should be getting the electronic version of the "scope of work" within the next few days. As we did last year,Treasure Coast Homeless Services Council, Inc. will pay the current month of rental assistance for the ALCOHOPE Grant which has an expiration date of 03/31/2014. The renewal grant number for this award is FL0114L4H091407. I have also enclosed a communication from our CPD representative defining the major change in grant agreements after the 2012 award period.There is no longer a requirement for the execution of the entire grant agreement. There is only the "scope of work" which can be signed by the County's representative as it is an ongoing renewal. The invoice which was submitted for rental payments directly to landlords for the month of May 2014 for FL0114L4H091306 should be discarded. A request to the County Office for reimbursement to the Treasure Coast Homeless Services Council, Inc. will be submitted to you, once award letters are received from the Jacksonville Area Office. Sind , / :'fse ' l and Executive Director 170 EXHIBIT B U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT a 1 11111111 WASHINGTON,DC 20410-7000 r •5•ocM p OFFICE OF ASSISTANT SECRETARY } FOR COMMUNITY PLANNING AND DEVELOPMENT January 26,2015 Mr.Bradley Bernauer Director,County Human Services Indian River County Board of County Commissioners 1801 27th Street Vero Beach,FL 32960 Dear Mr. Bernauer: Congratulations! I am delighted to inform you that the Fiscal Year(FY)2014 Continuum of Care(CoC)Program project application(s)your organization submitted was selected for funding in the total amount of$758,861. The CoC Program is an important part of HUD's mission.CoCs all over the country continue to improve the lives of homeless men,women,and children through their local planning efforts and through the direct housing and service programs funded under the FY 2014 CoC Program Competition.The programs and CoCs funded through the CoC Program continue to demonstrate their value by improving accountability and performance every year. HUD commends your organization for its work and encourages it to continue to strive for excellence in the fight against homelessness. The conditionally obligated funds for your award(s)are detailed in the enclosure,which lists:the name(s)of the individual project(s);the project number(s);and the specific amount(s)of the obligation(s)for each conditionally selected application. Your local field office will be sending a letter to provide your organization with more information about finalizing your award(s), including execution of your grant agreement(s). Your organization will not have access to these funds until all conditions are satisfied and the grant agreement is fully executed. Sincerely, Clifford Ta et General Deputy Assistant Secretary for Community Planning and Development Enclosure www.hud.gov espanol.hud.gov 171 EXHIBIT B (continued) Enclosure FLO 113L4H091402 2014 COCwide TRA RENEWAL $94,272 FL0114L4H091407 2014 Alcohope Renewal $67,152 FL0116L4H091407 2014 CoC HMIS EXPANSION RENEWAL $35,400 FL0119L4H091407 2014 NEW CHRONIC RENEWAL $102,804 FL0120L4H091407 2014 new horizons 1 renewal $150,252 i FL0308L4H091406 2014 CoCWIDE HMIS renewal $24,821 FL0338L4H091401 2014 CoCTRA TWO renewal $67,152 FL0360L4H091405 2014 Indian River CHRONICS renewal $86,988 FL0418L4H091402 2014 hmis DATA QUALITY renewal $27,840 FL0440L4H091403 2014 NEW HORIZONS 2 RENEWAL $102,180 172 EXHIBIT C From: Lori.A.Serino@hud.gov To: irhsclhAaol.com CC:tchscinc office@bellsouth.net,Myerss(c�stlucieco.org Sent: 7/28/2014 10:16:29 P.M. Eastern Daylight Time Subj: RE: HUD 2013 Renewal Grant#FL0310L4H091305: Issues and Conditions Louise, There has been a major change in the grant agreement for FY 2013 renewal projects: Execution of the entire grant agreement is not required for grants that were awarded in FY 2012.A grant renewing for the first time in FY 2013 is renewed by HUD and the recipient by executing the"Exhibit 1—Scope of Work for FY 2013" and attaching it to the FY 2012 Continuum of Care Program Grant Agreement. For each grant a project is renewed,the Exhibit number will increase sequentially. Projects that are not first time renewals in FY 2013 will have the" Exhibit 2—Scope of Work for FY 2013" attached to their FY 2012 Continuum of Care Program Grant Agreement.The scope of work will contain relevant project information such as a grant amount, project number,and the grant amounts per budget line item. Please print out three (3) copies of Exhibit 2 (attached), sign all three copies, keep one for your records,and mail the others to HUD,attention Tom Bilodeau: Tom Bilodeau Program Manager US Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street,Suite 1015 Jacksonville, FL 32202 Upon receipt of the executed Exhibit 2,we will continue to process and will send you the Voice Response Number when complete.Should you have any questions or concerns, please contact me by email. 2 173 A� 0. fpi 7fIjcriff in. 4, n- :ri DERYL LOAR • INDIAN RIVER COUNTY k MEMBER FLORIDA SHERIFFS'ASSOCIATION • ' MEMBER OF NATIONAL SHERIFFS'ASSOCIATION 4055 41st AVENUE VERO BEACH, FLORIDA 32960-1808 PHONE (772) 569-6700 April 24, 2015 Mr. Joe Baird, County Administrator Indian River County 1840 25th St Vero Beach, Florida 32960 RE: Notice of Request to be placed on the May 5, 2015 Board of County Commission Agenda Dear Mr. Baird, Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental Agencies portion of the May 5, 2015 BCC agenda. Indian River County Sheriff's Office is applying for the Department of Homeland Security Operation Stonegarden Grant. This grant, if approved, will provide funds for overtime salaries to conduct intercoastal details. The total dollars earmarked for this grant is $129,468.00 and no match is required. The application, along with the Indian River County Finance Office grant form, is included with this request. Should you have any questions, please contact Planner, Amber Grier, at 772-978-6214. Thank you for your assistance. Sincerely, Deryl Loar, Sheriff Indian River County DL/amg Enclosure cc: file is , � 17� The 173rd Internationally Accredited Law Enforcement Agency '!` Accredited by the Commission on Accreditation for Law Enforcement Agencies,Incorporated GRANT NAME:Operation Stonegarden GRANT# AMOUNT OF GRANT: $129,468 DEPARTMENT RECEIVING GRANT: Indian River County Sheriffs Office CONTACT PERSON: Amber Grier,Planner TELEPHONE: 772-978-6214 1. How long is the grant for? Two(2)Years Starting Date: October 1,2015 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes,does the grant allow the match to be In-Kind services? Yes No 4. Percentage of match to grant 5. Grant match amount required 6. Where are the matching funds coming from(i.e. In-Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no,how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries& Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital, start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 129,468 I Grant Amount Other Match Costs Not Covered Match Total First Year $ 64,734 $ $ $ 64,734 Second Year $ 64,734 $ $ $ 64,734 Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: April 24,2015 175 FY 2015 OPERATION STONEGARDEN (OPSG) OPERATIONS ORDER AND BUDGET TEMPLATE Op Order Name: Operation "Stonegarden Indian River County" Op Order Number Op Dates: From: 10/01/2015 To: 9/30/2017 Report Date: Executive Summary Operation Stonegarden (OPSG) is funded by the Department of Homeland Security (DHS), led by Customs and Border Protection (CBP) which supports overtime, per diem, and lodging for operational purposes to state, local, and tribal agencies for the purpose of enhancing border security. This funding is designated to enhance cooperation and coordination between Federal, State, and local law enforcement agencies in a joint mission to secure the U.S. borders along routes of ingress and egress leading to and from the United States. The Indian River County Sheriff's Office (IRCSO), Vero Beach Police Department (VBPD), Sebastian Police Department (SPD) and Indian River Shores Public Safety Department (IRSPSD), as the coastal/ local law enforcement agencies in Indian River County Florida, will enhance their capability to detect, prevent, and deter terrorists, weapons of mass effect, smuggling of contraband, and human trafficking. These efforts will reduce crime to ultimately improve the quality of life for the residents of Indian River County. Officers performing duties under this operation will enhance border security, supporting the DHS mission and the National Border Patrol Strategy. Additionally, following an incident, increase our capability to augment operational elements of state law enforcement specialized/technical teams. And lastly, leverage new"safe border" technology to enhance our ability to identify and analyze trends, linkages, and targeting to support the full range of enforcement, to include interdiction, investigation, and adjudication. I. SITUATION A. General Situation: Indian River County's northern border is along the Sebastian Inlet. This local knowledge inlet, along with several miles of undeveloped beaches, has been used for illicit smuggling operations since prohibition. Sebastian Inlet is remotely located between the Ports of Fort Pierce and Canaveral, and thus patrolled less by federal agencies. As security efforts at official ports of entry become more sophisticated and stringent, it is believed that terrorists and other criminals may illegally enter the country between points of entry. Recent history suggests enemies will use asymmetrical means (e.g., small vessel attack, vehicle borne improvised explosive devices) to strike at targets they believe are politically, economically, militarily, and emotionally valuable to the U.S. Historical maritime security efforts within Indian River County have focused primarily on traditional maritime safety and basic law enforcement concerns. Small vessels (under 300 gross tons) travelling adjacent to and through Indian River County can operate (often routinely and with ease) in close proximity to critical infrastructure (CI) and key resources (KR) in nearby Florida ports, which may be potential high-profile targets. Indian River County poses a moderate level of risk due to gaps in situational awareness and Border Patrol & local agency capabilities to mitigate those threats. 1 176 B. Terrain/Weather: 22 '/2 miles of relatively unincorporated Florida coastline coupled with the short distance to the Bahamas, Indian River County provides virtually unlimited opportunities for organizations to use maritime conveyances to smuggle humans, drugs, and other contraband. The Gulf Stream flowing between Florida and the Bahamas is one of the most powerful ocean surface currents in the world. Mariners take full advantage of these currents and prevailing easterly or southerly winds when departing the Bahamas to arrive at the Fort Pierce and/or Sebastian Inlets. C. Criminal Element: The United States Department of Justice National Drug Intelligence Center (NDIC) has designated South Florida as a high intensity drug trafficking area (HIDTA). Because the country has been more diligent in protecting inland borders in recent years, criminal organizations are returning to the seas more to smuggle humans and contraband. Indian River County's economic climate, largely dependent on agriculture and tourism, renders it an ideal destination for human trafficking victims. The rich demographic composition of Florida, ranking third for the number of immigrants living within its borders, provides a steady supply of vulnerable victims for traffickers to prey on. From prostitution to indentured servants to migrant farm workers, Florida exhibits a uniquely high demand for traffickers to profit from. From human smuggling to drugs, criminal organizations have been increasingly targeting the Treasure Coast. While the Miami area and Florida Keys still remain popular destinations for human and drug smuggling, heavy enforcement and prosecutions in those areas may be one reason criminals operating primarily out of the Bahamas are trending north more often. Currently, the U.S. Government has an incomplete knowledge of the international recreational boating public, their travel patterns, and limited information available regarding fishing fleets and the multitude of small commercial vessels operating in or near the U.S. waters adjacent to Indian River County Florida. Small vessels are vulnerable to potential exploitation by terrorists to deliver weapons of mass destruction (WMDs) or Waterborne Improvised Explosive Devices. The ability to track and gather intelligence has become increasingly difficult and the criminal element has become sophisticated with increased counter-intelligence capabilities. This vulnerability is compounded by a very limited advance notice of arrival requirements for most recreational small vessels arriving from abroad and the inability to screen for weapons of mass destruction (WMDs). D. Friendly Forces: Federal: Customs Border Protection (CBP)/Border Patrol (BP), Immigration and Customs Enforcement (ICE), United States Coast Guard (USCG), Federal Bureau of Investigation (FBI). Drug Enforcement Administration (DEA) State: (FWC), Florida Department of Law Enforcement (FDLE), Central Florida Regional Domestic Security Task Force (CFRDSTF), Central Florida Information Exchange (CFIX), Florida Highway Patrol (FHP), Florida Fish and Wildlife Conservation Commission (FWC). Local: Indian River County Sheriff's Office (IRCSO), Vero Beach Police Department (VBPD), Sebastian Police Department (SPD), Indian River Shores Public Safety Department (IRSPSD), Fellsmere Police Department (FPD). 2 177 II. MISSION Operation Stonegarden is designed to coordinate surge efforts between federal and local law enforcement agencies to protect and secure our Nation's borders from terrorist, weapons of mass destruction, contraband smuggling and human trafficking. Increased law enforcement presence along the border will result in the reduction of crimes and improvement of the quality of life for the citizens Indian River County. Through Operation Stonegarden, the IRCSO, VBPD, SPD, & IRSPSD will combine efforts with the Miami Sector Border Patrol to prevent criminal activity. Officers assigned to Operation Stonegarden will enforce applicable state and local laws and regulations within the scope of their authority granted by the State of Florida. These agencies will also coordinate with Border Patrol to help locate wanted subjects, smuggled currency, and smuggled weapons. III. EXECUTION A. Management/Supervisor Intent: IRCSO, VBPD, SPD & IRSPSD will increase border security through coordination, collaboration and cooperation with US Border Patrol Miami Sector under the provisions of Operation Stonegarden to establish a common operational picture (COP). The focus of this Operations Plan is aggressive enforcement of Florida law and to deny criminal organizations opportunities to smuggle narcotics and/or contraband and to refuse potential terrorist entry, egress, and access to transportations hubs in the south Florida. B. General Concept: The IRCSO, VBPD, SPD & IRSPSD will conduct"Surge" border security through direct coordination with US Border Patrol, Miami Sector. It is anticipated that the increase in law enforcement presence will significantly impact the ability of criminal organizations to operate in the Miami Sector AOR (Area of Responsibility) in Florida. Intelligence information assessments are critical to this operation, IRCSO will leverage fixed and mobile "safe border" character recognition technology to enhance our ability to identify and analyze trends, linkages, and targeting to support the full range of enforcement, to include interdiction, investigation and adjudication. C. Specific Responsibilities: Operation Stonegarden will allow the Border Patrol to partner with local law enforcement agencies resources to target specific areas within Indian River County affected by illicit cross-border trafficking. Resources assisting in the effort include personnel and supporting maritime vessels & aviation assets to assist US Border Patrol. All local surge activities supporting this Operations Order will be coordinated with the US Border Patrol station in their area of operations. D. Coordinating Instructions: Agencies and assets assigned to Stonegarden related operations will coordinate their activities through their chain of command, coordinated with the BP Station responsible for the AOR where specified operations are to be conducted. Agencies will provide assistance to localities used to stage and/or support smuggling/trafficking operations. Agencies will submit Operation Stonegarden Reports using prescribed procedures beginning Operation Stonegarden 2015. A BP representative will coordinate all involvement in supporting this Operations Order with all partnered agencies prior to each operation. The Miami Border Patrol Sector will determine specific operational areas. Agencies will coordinate with the BP to ensure the ability to redirect resources to areas deemed the greatest risk to national security based on the most current intelligence and illegal border related activity trends. 3 178 IV. Budget GRAND TOTAL Indian River County, Florida Costs: $129,468 Operational Personnel Costs = $129,468 100% A.1 Cost Estimate/Funding Request(Year 1) Administrative/Logistics/Budg Narrative Justification Federal et (Computation of Items) Request Request Officer/Sgt $50 per hour-OT average rate 4 officers x 8 hours x 6 day detail x 4 quarters per year = $38,400 Lieutenant$64.50 per hour- OT average rate Law Enforcement 1 supervisor x 8 hours x 6 day detail x 4 quarters Operational Overtime per year = $12,384 Since size, scope and frequency of surges may change throughout the year. Program Manager will determine number of sworn personnel needed per operation. The Program Manager will stay within budgeted amounts and will document progress in both o.-rations plannin• and After-Action Reports. $50,784.00 Fringe Benefits for (FICA 6.2%) +(Medicare 1.45%) + (Ret 19.82%) Law Enforcement = 27.47% $13,950.00 YEAR 1 -SUBTOTAL $64,734.00 A.2 Cost Estimate/Funding Request(Year 2) Administrative/Logistics/Budg Narrative Justification Federal et (Computation of Items) Request Request Officer/Sgt $50 per hour-OT average rate 4 officers x 8 hours x 6 day detail x 4 quarters per year = $38,400 Lieutenant $64.50 per hour- OT average rate 1 supervisor x 8 hours x 6 day detail x 4 quarters Law Enforcement per year = $12,384 Operational Overtime Since size, scope and frequency of surges may change throughout the year. Program Manager will determine number of sworn personnel needed per operation. The Program Manager will stay within budgeted amounts and will document progress in both o•erations •tannin• and After-Action Resorts. $50,784.00 Fringe Benefits for (FICA 6.2%) +(Medicare 1.45%) + (Ret 19.28%) Law Enforcement = 27.47% $13,950.00 4 179 YEAR 2 - SUBTOTAL $64,734.00 V. COMMAND/CONTROUCOMMUNICATION A. Chain of Command: Each law enforcement agency will follow its own Chain of Command concept. B. Unit Command: The Indian River County Sheriff's Office Special Operations Section supervisor will function as the detail supervisor during operations. C. Communications Detail: The Indian River County Sheriffs Office Communications Section will coordinate with other Units/Agencies to patch common frequencies. Communications between IRCSO and federal agencies will take place through the utilization of telephone, email correspondence and other agreed upon electronic means. D. Map Coordinates: Not Applicable Location Zone: Miami Sector ANNEX A. Administration Annex: Indian River County will administer and take fiscal and programmatic responsibilities for grant reporting. The IRCSO Special Operations Section Lieutenant, under the direction of Indian River County Sheriff Deryl Loar, will serve as Program Manager for Operation "Stonegarden Indian River County" B. Execution Annex: Operation Stonegarden will be executed by a joint effort to include: Chief Patrol Agent—CBP Miami Sector Headquarters, (TBD) (305) 810-5120 Indian River County Sheriffs Office—Sheriff Deryl Loar, (772) 978-6404 Vero Beach Police Department—Chief David Curry (772) 978-4610 Sebastian Police Department—Chief Michelle Morris (772) 589-5233 Indian River Shores Public Safety - Chief Michael Jacobs (Acting) (772) 231-1771 C. Command Annex: Indian River County Sheriff's Office Chain of Command: Sheriff Deryl Loar 4055 418t Ave, Vero Beach, Fl 32960, (772) 978-6404 Chief L.E. 'Bud" Spencer 4055 41St Ave, Vero Beach, Fl 32960, (772) 978-6404 Captain Don Smith 4055 418t Ave, Vero Beach, Fl 32960, (772) 978-6160 Lieutenant Charles Kirby (Program Manager) 4055 41St Ave, Vero Beach, Fl 32960, (772) 978-6163 Vero Beach Police Department: Chief David Curry 1055 20th Street, Vero Beach, FL 32960, (772) 978-4610 5 180 Sebastian Police Department: Chief Michelle Morris 1201 Main Street, Sebastian FL, 32958, (772) 589-5233 Indian River Shores Public Safety Department: Chief Richard Rossell 6001 N. A1A, Indian River Shores, FL, 32963 (772) 231-1771 Media Action Plan: Agency Public Information Officers will coordinate the release of information to the public Legal Review: As required by each participating agency. Risks: Refer to Section I-A-General Situation and I-C-Criminal Element sections. Photos: Not applicable. 6 181 INDIAN RIVER COUNTY BUDGET DETAIL WORKSHEET YEARS 1 AND 2 Overtime Expenses: Law Enforcement Overtime: Overtime costs are based on average overtime rates provided by the Indian River County Sheriffs Office and Vero Beach, Indian River Shores, Sebastian,and Fellsmere Police Departments. Overtime is calculated at a rate of$50/hour for deputies/officers and $64.50/hour for supervisors. Overtime is required to accomplish additional operations. Maritime Patrols: $50/hour X 4 Officers X 8 Hours X 6 Day Details X 4 Quarters per $38,400.00 year Aviation Patrols: $50/hour X 4 Officers X 8 Hours X 6 Day Details X 4 Quarters per $38,400.00 year Highway Interdictions: $64.50/hour X 1 Supervisor X 8 Hours X 12 Day Details X 4 $24,768.00 Quarters per year Year 1 and Year 2 Overtime Subtotal: $ 101,568.00 Fringe Benefits Expenses: FICA: $ 101,568 X 7.65%of overtime total $7,770.00 Retirement $101,568 X 19.82%of overtime total $20,130.00 Year 1 and Year 2 Fringe Benefits Subtotal: $27,900.00 BUDGET SUMMARY Overtime: $ 101,568.00 Fringe Benefits: $27,900.00 2 Year Total Budget: $ 129,468.00 182 Pt BIM kRIN : INDIAN RIVER COUNTY, FLORIDA /4 AL MEMORANDUM , t TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, P; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director(7i2'\FROM: Brian Freeman, AICP; Senior Transportation Planner C3F- DATE: April 24, 2015 SUBJECT: Request for Authorization to Submit an FY 2015 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 5, 2015. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received grant funds under 49 USC Ch. 53, Section 5307. Those funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed route) and the Community Coach (demand response)transit services. According to federal regulations, Section 5307 program grants may be used for the planning, acquisition,construction,improvement,and operating costs of facilities,equipment,and associated capital maintenance items used in mass transportation service. While operating expenses require a 50%nonfederal match,capital expenses require only a 20%nonfederal soft match(which effectively provides for 100% federal funding of capital expenses). In Indian River County, state toll revenue credits are utilized as a soft match to provide the required nonfederal share for the capital expenses portion of the Section 5307 grant. The use of a soft match eliminates the need for the County to provide a cash outlay for capital expenses. According to applicable regulations,toll revenue credits may be used as soft match only for the capital portion of a Section 5307 grant. For operating expenses, however, the nonfederal share is provided through a combination of local funds and Florida Department of Transportation(FDOT)public transportation grant funds. F:\Community Development\Users\MPO\Transit\Grants\5307\2015\bcc staff report.docx 1 183 ANALYSIS For FY 2015, the SRA has requested that the County apply for federal Section 5307 funds on the SRA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Community Coach fixed route and demand response bus services. As proposed, the grant will allow the Senior Resource Association to leverage local and state funds to continue and expand needed public transportation services within Indian River County. A copy of the County's proposed FY 2015 Section 5307 grant application is provided in Attachment #1.As required by Federal Transit Administration(FTA)regulations,the attached grant application was prepared using FTA's Transportation Electronic Award and Management(TEAM)software.As it has in the past, the FTA requires grantees to utilize its TEAM software in the development, submittal, modification, and management of Section 5307 grants. As indicated in the attached grant application, the total proposed budget amount is $4,200,000. Of that amount,the federal portion is$3,000,000.That includes both capital and operating grant funds. Overall,the federal share of the proposed budget consists of$1,800,000 in capital expenditures and $1,200,000 in operating expenditures. For the nonfederal share of capital expenditures($450,000), the County will use toll revenue credits as a soft match. Because a soft match is non-cash, this amount is not included in the project total. For the nonfederal share of operating expenditures(50%), the match will consist of$600,000 in FDOT grants and$600,000 from Indian River County.In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. According to Section 5307 grant application requirements, the designated recipient (Indian River County)must hold a public hearing to obtain the views of citizens on the proposed grant application. In keeping with that requirement, staff has published a notice of the May 5th meeting and has scheduled this item as a public hearing. As a necessary prerequisite for submittal of this Section 5307 application,the MPO has included the proposed Section 5307 funding in its FY 2015-2019 Transportation Improvement Program(TIP). The proposed grant application is also consistent with the MPO's adopted ten year Transit Development Plan and 2035 Long Range Transportation Plan. To apply for Section 5307 funds, the Board of County Commissioners must adopt the attached resolution(Attachment#2),authorizing staff to submit the attached grant application.The resolution has been reviewed and approved by the County Attorney's Office. FUNDING Funding in the amount of$600,000 is budgeted and available in the General Fund / Community Transportation Coordinator account(Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. F:\Community Development\Users\MPO\Transit\Grants\5307\2015\bcc staff report.docx 2 184 RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 2015 Section 5307 grant application. ATTACHMENTS 1. Indian River County FY 2015 Grant Application for 49 USC Ch. 53, Section 5307 Mass Transit Capital and Operating Assistance 2. Resolution Authorizing the Filing of a 49 USC Ch. 53, Section 5307 FY 2015 Mass Transit Capital and Operating Assistance Grant Application 3. Grant Budget Forms APPROVED AGENDA ITEM: FOR: I � • o V BY • . ,i k i l vi&Aratasg 1� Indian River Co, Approved Date Admin. 4/3°�P/C Legal ,� Budget 216 Dept. 4//t7�I� Risk Mer. F:\Community Development\Users\MPO\Transit\Grants\5307\2015\bcc staff report.docx 3 185 View Print Page 1 of 4 DOT FTA U.S. Department of Transportation Federal Transit Administration Application Recipient ID: 5630 Recipient Name: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Project ID: FL-INDIANRIVER Budget Number: 1 - Budget Pending Approval Project Information: FY 2015 Capital & Operating Assistance Part 1 : Recipient Information Project Number: FL-INDIANRIVER Recipient ID: 5630 Recipient Name: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Address: 1801 27TH STREET , VERO BEACH, FL 32960 3365 Telephone: (772) 226-1455 Facsimile: (772) 978-1806 Part 2: Project Information Project Type: Grant Gross Project $4,200,000 Project Number: FL-INDIANRIVER Cost: FY 2015 Capital & Operating Adjustment Amt: $0 Project Description. Assistance Total Eligible Cost: $4,200,000 Recipient Type: County Agency Total FTA Amt: $3,000,000 FTA Project Mgr: Richelle Gosman 404-865- Total State Amt: $0 5478 Total Local Amt: $1,200,000 Recipient Contact: Brian Freeman 772-226-1990 Other Federal $0 New/Amendment: New Amt: Amend Reason: Initial Application Special Cond Amt: $0 Fed Dom Asst. #: 20507 Special Condition: None Specified Sec. of Statute: 5307-2A S.C. Tgt. Date: None Specified State Appl. ID: None Specified S.C. Eff. Date: None Specified 186 https://ftateamweb.fta.dot.gov/teamweb/ApplicationsNiewPrintNiewPrintRes.asp?GUID... 4/27/2015 View Print Page 2 of 4 Start/End Date: Oct. 01, 2014 - Sep. 30, 2015 Est. Oblig Date: None Specified Recvd. By State: Pre-Award Yes EO 12372 Rev: Not Applicable Authority?. Review Date: None Specified Fed. Debt No Authority?: Planning Grant?: NO Final Budget?: No Program Date (STIP/UPWP/FTA Sep. 30, 2014 Prm Plan) : Program Page: 6268 Application Type: Electronic Supp. Agreement?: Yes Debt. Delinq. Details: Urbanized Areas UZA ID UZA Name 120000 FLORIDA Congressional Districts State ID District Code District Official 12 8 Bill Posey Earmarks No information found. Security Yes— We will expend 1% or more of the 5307 funds in this grant application for security purposes. Please list security-related projects in the project budget and summarize them in the non-add scope code 991. Part 3: Budget Project Budget Quantity FTA Amount Tot. Eliq. Cost SCOPE 111-00 BUS - ROLLING STOCK 0 $1,179,000.00 $1,179,000.00 ACTIVITY 187 https://ftateamweb.fta.dot.gov/teamweb/Applications/ViewPrint/V iewPrintRes.asp?GUID... 4/27/2015 View Print Page 3 of 4 11.12.03 BUY REPLACEMENT 30-FT0 $1,179,000.001 $1,179,000.00 BUS SCOPE 113-00 BUS - 0 $10,000.00 $10,000.00 STATION/STOPS/TERMINALS ACTIVITY 11.32.09 ACQUIRE - BUS ROUTE 0 $10,000.00 $10,000.00 SIGNING SCOPE 114-00 BUS: SUPPORT EQUIP AND 0 $38,000.00 $38,000.00 FACILITIES ACTIVITY 11.42.06 ACQUIRE - SHOP 0 $10,000.00 $10,000.00 EQUIPMENT 11.42.07 ACQUIRE -ADP 0 $10,000.00 $10,000.00 HARDWARE 11.42.09 ACQUIRE - MOBILE 0 $18,000.00 $18,000.00 SURV/SECURITY EQUIP SCOPE 116-00 SIGNAL & COMM EQUIPMENT 0 $3,000.00 $3,000.00 (BUS) ACTIVITY 11.62.03 PURCHASE RADIOS 0 $3,000.00 $3,000.00 SCOPE 117-00 OTHER CAPITAL ITEMS (BUS) 0 $500,000.00 $500,000.00 ACTIVITY 11.71.05 CONTRACT INSURANCE - 0 $300,000.00 $300,000.00 3RD PARTY 11.7A.00 PREVENTIVE 0 $200,000.00 $200,000.00 MAINTENANCE SCOPE 119-00 Bus Associated Transit 0 $70,000.00 $70,000.00 Improvements ACTIVITY 11.92.02 PURCHASE BUS 0 $60,000.00 $60,000.00 SHELTERS 11.92.08 PURCHASE SIGNAGE 0 $10,000.00 $10,000.00 SCOPE 300-00 OPERATING ASSISTANCE 0 $1,200,000.00 $2,400,000.00 ACTIVITY 30.09.01 UP TO 50% FEDERAL 0 $1,200,000.00 $2,400,000.00 SHARE 188 https://ftateamweb.fta.dot.gov/teamweb/Applications/V iewPrintNiewPrintRes.asp?GUID... 4/27/2015 View Print Page 4 of 4 Estimated Total Eligible Cost:I $4,200,000.00 Federal Share: $3,000,000.00 Local Share: $1,200,000.00 189 https://ftateamweb.fta.dot.gov/teamweb/ApplicationsNiewPrintNiewPrintRes.asp?GUID... 4/27/2015 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE FILING OF A FY 2015 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE. WHEREAS,the Federal Transit Administration(FTA)is authorized to award Section 5307 grant funds for the implementation of a mass transportation program of projects; WHEREAS,Indian River County and the Indian River County Senior Resource Association utilize FTA Section 5307 funds to provide needed public transportation services within the County; and WHEREAS, in applying for FTA Section 5307 funds, Indian River County and the Indian River County Senior Resource Association will comply with all applicable federal regulations and requirements associated with the Section 5307 program. NOW,THEREFORE,BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Community Development Director is authorized to file applications on behalf of Indian River County with the U.S. Department of Transportation to finance and implement the capital and operating program of projects specified in the County's FY 2015 grant application under 49 USC Chapter 53, Section 5307. 2. That the Chairman of the Indian River County Board of County Commissioners,the County Attorney, and/or Community Development Director are authorized to execute, and the Community Development Director is authorized to file with such application,an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the County Attorney and/or the Community Development Director are authorized to execute grant agreements with the U.S. Department of Transportation to finance and implement the program of projects specified in the County's FY 2015 grant application under 49 USC Chapter 53, Section 5307. 4. That the Chairman of the Indian River County Board of County Commissioners is authorized to set forth and execute necessary Disadvantaged Business Enterprise (DBE) policies in connection with such application as specified in the County's adopted DBE plan and in accordance with the federal requirements of 49 CFR Part 26. 5. That the Indian River County Community Development Director is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the County's FY 2015 grant application under 49 USC Chapter 53, Section 5307. F:\Community Development\Users\MPO\Transit\Grants\5307\2015\bcc resolution.docx Page 1 of 2 190 RESOLUTION NO. 2015 - THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote,the vote was as follows: Chairman Wesley S. Davis Vice-Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairperson thereupon declared the resolution duly passed and adopted this 5th day of May , 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Wesley S. Davis, as Chairman of the Board of County Commissioners,and ,as Deputy Clerk,to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 5th day of May , 2015. Notary Public APPROVED AS VI LDLALr FICIENCY l t SEAL: BY: an Reingold * County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: / Stan Boling, , Director Community Development Department F:\Community Development\Users\MPO\Transit\Grants\5307\2015\bcc resolution.docx Page 2 of 2 191 GRANT NAME: 49 USC,Ch. 53 Sec. 5307 FTA Grant(Operating and Capital) GRANT#: N/A AMOUNT OF GRANT:$4,200,000(Federal,State and Local);$3,000,000(Federal Section 5307) DEPARTMENT RECEIVING GRANT:Community Development(pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE 4:(772)226-1990 1. How long is the grant for? One Year Starting Date: October 1,2014 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes,does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of grant to match: 50% (applies to operating component only) 5. Grant match amount required:$1,200,000 6. Where are the matching funds coming from(i.e. In Kind Services,Reserve for Contingency? Local match consists of$600,000 County match already budgeted in general funds and$600,000 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no,how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) $0(Capital portion also being applied for) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel,and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years?$600,000 Grant Amount Other Matching Costs Match Total $3,000,000 $ $600,000 in local funds& $4,200,000 First Year $600,000 in FDOT grants Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year Signature of Preparer: C� L-� Date: el-27"�J 192 • TREASURE COAST NEWSPAPERS Indian River Press Journal S ®/S� 1801 U.S. 1, Vero Beach, FL 32960 /d. A Treasure Coast Newspapers AFFIDAVIT OF PUBLICATION G' STATE OF FLORIDA COUNTY OF INDIAN RIVER - Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline PO# INDIAN RIVER CO PLANNING 2689423 4/27/2015 PUBLIC HEARING FY 2015 49 • NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES • Sworn tod subscribed b ore me this day of, April 27, 2015, by Ci A , who is Sherri Cipriani �J [X] personally known to me or [ ] who has produced as identification. ra Coldren NotaryPublic ()RIG/NAL Sand ak* �y'•. SANDRACOLDREN MYCOMMISSION SFF004035 EXPIRES:April 1 2017 cf of..°P'. Bonded Thru Notary Public Underwriters - /9 et TCPALM.COM CLASSIFIED IN MONDAY,APRIL 27,2015 •SCRIPPS TREASURE COAST NEWSPAPERS •It NOTICE NOTICE NOTICE NOTICE NOTICE NOTICE 'NOTICE HCTICIOIIS NAME FICTICIOUS NAME FlCTICIOUS NAME • NOTICE Florid.to consider The In die n River be paced through to end Related Equip-Please direct quer- We Care Foundation LAW PURSUANT TO day of April,2015 Indian River Farms submetal of an apple County Board 01 he Indian River ent,Be Shelters, it arding this Indian River County f INC located al SECTION 865.09, Indian Rover County RIWater Control Dis- < for en FY 2015 County Commission- County Senior Re- Insurance,Computer public hearing to Baa rd of County 1062 Phelps Street in FLORIDA STATUTES Medica I Society Q trig will be spraying 49 USC CA 53,Seo s h considering Association Hardware and Solt- hillip Matson et Commissioners the County of Indian Foundation,Inc canals within the Die lion5307 Mas Tram Ne submittal of a 49 source the County's and Signs end 226.1455. Anyone By: - Wesley S.Da- iver,in the City of NOTICE IS HEREBY Publish:April 27, CD t<t beginning A iK sitapihill and Oper- USC Ch.53,Section transportation pro. Pe Harm Preventive who may wish to ap Chairman Sebeila n, Florida GIVEN t hal the 2015 20,2015 through 6e Ii ng Assistance 5307gent applies der.The funds will Vehicle Maintenance, eel ay decision,Pu vie,Ch cat on D at e: 32958 Int ends to ndersigned,TCN2ee9333 ' 0 camber 31,2015 Grant A public hear- tion.As proposed, be used to maintain which may be made 04127116 register thea d desiring to engage m NOTICE UNDER David E Gunter ingat which parties the application re- d expo nd h e Unless modified es a at this meeting,will TCN2689423 m I t h Lha business orae the FICTITIOUS NAME Secretary Treasurer in interest and cite- questa a total of SRA'.GoLine'fixed result of FTA review need to ensure that a Del v I s I o n f fictitious name of rens shall have en 51000,000 in federal route)and Comment record of --- Corporations of the We Cue Foundation LAW PURSUANT TO Pub:April 20,27,May d c a m m 1, verbatimmen RECTION 865.03, L 11,2015 heed will the be capital assistance to Coach Id emend changes in other um the proceedings is Florida Depe l IRC located.1 1062 FLORIDA STATUTESrtR. __ TCN2688624 heed will be held by d$1,20.,00.in r aeons.1 public funding,or atter um ode,wich in- f Slate,Tallahassee, Phelps Street in the he Indian River federal operating es- Iran pone ons - to rescan ecu m- dudes'satin.ray FIC'TICIOUS NAME Florida. County of Ind.Rim NOTICE IS HEREBY •C the ou nay Beard ofsig...The ens. e.Specifically, stances,the pro- d 'dente upon r In Lha Cit t County Commission- capital share fund.will be used to posed program of which to appeal wig NOTICE UNDER Florida,Datedat rhie lion, en Florida GIVEN Ih.t the C Q n In the Countywill consist of Implement the fol- projects described be based. Anyone FIPURSUOUS NAME FloriOle 16th 32958 intends toe d•r L i g n a 4. cr1Commission Cham- ol revenue in Floria lowing program of boyo will become who needs a special LAWSE PURSUANT TO day of Apel,2015 register the said 5esiring to engage re _ W NOTICE OF PUBLIC bars of the Indian toll revenue credits protect the final prop a , a commoda[i on for SECTION STATUTES Indian River County ma ilh the business undo the EL �a�h HEARING River County Admin as ft-match.The•Continue and expand y lege for FY 2015 this me g us[ FLORIDA STATUTES Medical Society Division of Corpora- nsii tions ria et F,F„ 2 istration Building,lo- nonfederal operating the Goble and Loin Thisnotice complies tag the County's Foundation,Inc bons of the Florida Wa Cera...ed... Notice of beefing is Gated et 1801 27th hate will consist of munsp Coach public with the FTA Pro- Ant„,,,,,,,,i. AS with ma,NOTICE IS HEREBY Publish:April 27, Department el Stale, Indian River County 'Y U hereby given for the Street,Vere Beach, 5600,000 local transpone[lan sem y of Projects bilines Act(ADA)Co- GIVEN het lh• 2015 Tallahassee,Florida, los at ed at 1062 •e••. _ Board of County Florida May 5, funds and 3600,000 ices. (POP)ninth non re- ordinator at 2261223 n d e ro 1 g n e d,TCN2689yg Phelps Street in the C ICommissioners ,2016 at 9:00 AM. state trinfunBuil quiremonH. at least 48 hours in desiring to engage in Dated at Sebastian, Cenh of Indian Riv- JIndian River County, lands.All lands will•Purchase Vehicles advance of meeting. haaneu under the NOTICE UNDER Floods.this 16th r n he City,of e 3 COW fh<titi0us ria..of FICTfiI0U5 NAME Sebastian, Florida O V 0. NOTICE OF SALE. NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE LIN E CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY,FLORIDA CASE NO.32014CA00127OXXXIIX LL THWELLS FARGO BANK.NA,as Trustee for the registered holders of BANC OF AMERICA COMMERCIALMORTGAGEMORTGAGE INC.COMMERCIAL MORTGAGE PASSTHROUGH CERTIFICATES,SERIES 20051,by C-Ill ASSET MANAGEMENT O vs.LLC,MALL ASSOCIATES,LTD,.Florida limited partnership; .Rrey hi special IDIN RIVER service MALL,LLC,arsuant to hat certain Delaware limited liabiland i1ity romp Agreement dated April 1,2005, •ireappnnon P; liability,Servicing et m., CLDofencl.mv. fi W NOTICE OF RESCHEDULED SALE C NOTICE IS HEREBY GIVEN that pursuant rte Final Judgment of Foreclosure rendered on February 13,2015 and the Agreed Order Rescheduling Foreclosure Sale entered on March 16.2015 In that ceTain Euse pending in the Circuit _ _U Court in and for Indian River older'yyI,by Cd,wherein WELLS FARGO BANK,NA,,a Trustee for the registered holders of BANG OF AMERICA COMMERCIAL MORTGAGE INC COMMERCIAL MORTGAGE PASS-THROUGH toloor 4 GATES,SERIES 20051 I'Noteholloder'1,by GIII Anse Management LLC,•Delaware limited liability company,in its capacity as specal servicer pursuant to that certain Pooling and Servicing Agreement sated April 1,2005(•5etvicer00 Nti QI- is Plaintiff,and granted against the Defendants,IR MALL ASSOCIATES,LTD,a Florida limned partnership and INDIAN RIVER MALL,LLC a Delaware limited liability company,the Clerk of this Court will on May 12,2015 at 10:00 e A.M.,or as soon thereafter as same can be done,offer for sale and sell to the highest bidder for cash on www.ineianirver.reatforeclase.com,in accordance with section 45031,Florida Statute,the following described real property. situate and being in Indian River County.Florida to wit: '� O LEASEHOLD PROPERTY.EXHIBIT A C • Z 3 Z The leasehold estate in the Land described in the attached Schedule 1 pursuant to that certain Lease dated Olober 20,2006 between IR Mal Associates,Ltd.,a Florida limited partnership,as landlord,and Indian River Mall,LLC,a Deo awarelimited liability company,as tenant,as evidenced by Memorandum of Lease dated October 20,2004,as the same may be amended,¢¢restated,replaced,supplemented or otherwise modified from time to oma SCHEDUR LE 'THE EMALL Fee SSimple ISIONd aeeaseholddAin Plat Book property Papeasituated d 550,of the Public Records o,,India n River South, FKOride 39 East Indian River County,Florida and being all of Lot],Lm 0,Lot 9 and Lot tea,of INDIAN PARCEL II-Fee Simple and Leasehold Being Lot t,2 and parts of Lots 3,5,e,9 and 10 of Indian River Mall-the East Peripheral Subdivision,as recorded in Plat Book 14,Pages 60 and 50A,and more particularly described as follows: •• Commencing at the Southwest comer of Rivera Estates Subdivision per Flat Book 1,Page 12,Public Records of Indian River County,Florida;thence South 00.07'12'West a distance of 21000 feet to a point,said point being the U) Nonheasl corner of Indian River Mall-The East Peripheral Subdivision;thence North B8°50 48'West along the North line of said Indian RNer Mall-the East Peripheral Subdivision a distance of 590.00 feet to a point,thence continu- ing gong said North line South 61.10'06'West a distance of 85.58 feet toe point said point being the prinupal pont and place of beginning I the following description: _ Tence due South a distance of 549.51 feet to.point thence due West.distance of 10.86 feel to a point;thence due South a distance of 151.41 feet to a point thence Northwesterly 55.578 feet along a curve to the right having a rade CI) us f 110.00 feet and a central angle of 28°56'56't0 a point;thence North 47.00'11'Wert•distance of 06.13 feet to a point thence Northwesterly 44.920 lee along a curve to the left having a radius of 60.00 fed and a antral angle Cof 42.53'43'to a point(hence No0h 89°53'54'Wert a distance of 26300 feet to a point;thence North 79°59'44'Wert a distance of 50.00 ted to a point;thence South 49.19'36•West a distance of 43.94 feet to a point thence 86493 teal along a he left with a radius of 26421 feet and a chord length of 86.11 feet having•bearing of North 46.31'12'West to a point;thence North 55.53'Sr Wert a distance of 270.00 feet to a point;thence North 47° 0 00'00'West s distance of 150.00 fee to a point thence North•distance of 35.00 feet to a Point thence North 45.OW 00'East a distance of 262.00 feet to a point thence 208.131 feet along a curve to the left with a radius of 265.00 N f f l end a chord leer to d length of 202.82 fee haying a bearing of Nanh 22.30'00'East to oi pointchen North 126.78 feet to.point:thence South 49•poen 66'said a distance of 36500 feet to a point;thence South 66.53'54'East a distance Stant then South 89°53'54'Eat a distance of 290.00 feet to a h North 51.10'06•East a distance of 41.51 feet toe t paint also being the point of beginning. Containing 11.094 r of land more or less. purposes 0nhp. 0 All references to acreage re footage r for informational m is PARCEL e-Non d emvi r stua acether omee ha Ms rad, xclustve a then igits n re I progeny, aced defined d limited by the n I die R er II R ord0d O Easement d Op g Recoe m kry . m gg 5,ll01 e pp m Stows,Inca i Br Ci County,,nes r d SeareaPoebuckcand Co. d J.0 Penney Company,clot.and M MaIIOAssochateq Ltd.,dated Ogoba],1997 ud recorded October 10,1997 in OfOdal PARCELEL Nok an4,Page vedE,of the G Tog therrwids of Indianrights Ills and no non-Floriexclusive 3- CI) N-Na Exclusive Easements Together with the Mil and n s e constituting regireal Himproperty, aced donned d limited by that 'n Non-exclusive and rained Declarationof Q) 0 Covenant,Conditions and Resndions by lween L e Mall Aeo t se Ltd,ha Florida limited partnership d inowe's Home Centers. ,Inc,e North Caroli corporation,,dated July 3,1996 and Home recorded July 3,1996 in OfficiaRe. I cod Book 1111,Page 701,amended by Amendment of Declaration of Covenants.Conditions and Restrictions and e d between I.R Mall Assciates,Ltd,a Florida Smiled partnership and Lowe's Home Centers,Inc, North Carolina C Q corporation,dated January 11,1999 and recorded March 12,1999 in Offidal Record Book 1262,Page1269,bath of the Public Records of Indian River County,Florida. U _ LEASEHOLD PERSONAL PROPERTY DESCRIPTION-EXHIBIT B U Debtor Indian River Mall,LLC,has managed,granted bargained,pledged,assigned,warranted,transferred,conveyed,and granted a security interest BofA,and As successors and assign.In and to the following property rights,in e and estates now owned or hereafter acquired by Debtor. • m(I) C V yn hal rIntenttanalty0mined; 0) Cl) 0 The le Leased Premises:The Leasehold escri,din tdhe ed ds: p,as landlord.and Indian River Mall LLC,a Del- The leasehold estateeies the Land declined in she attaeded Schedule tpurs o that certain Lease dated October xg,2001 between IR Mall Associates.,eau a Florida limited partnership, �i/)1 are limited liabilityry company,as tenant as evidenced by Memorandumof Lease dated October 20,2004,as the same may be amended,restated,re placed,upplenobled or there o modified tram time n time Q Q vJ0 Irl ntel relvs e,,l any,ai0na:All ems,eoaificati000 nose rad renewal of ene lease and all alsoon,o dins s prions,pgv,egae ria tights f Debtor r enam under the Lease,including,but Col limited to,rights is fin,r,lin al,df arty ane drte'ghtaif anye I renew n e t rad chs,to eleA u der a Section term on 1 of the Bankruptcy also C de au ene nate'or tr alarm o asmas t w:noted in tth neve t tither m bw kr ip a,ui, son ton Cry, tin can I Sthe raj Patty's the as tenant ender rra Leaee,to el punder or bis]trstee fah sCana to terminate'or rust the l'o Leasec aCoda terminated in the event til of Na bankruptcy,retrg.nPzatitnrar insolvency f t the Lessor,enddel the rejection All the Lease by N.estates answer in possession,oar ey a yen ac for the by Lessor, for use inRadian 3io d withh theekLepry (d)Additional a al ess the Premises. additional to time, a ed ental developmentrights hereafter acquired ads fee ieno Bion ecLeased Premise and the daelapmena 01 the Leased Premises and al additional rade and estatests. which Debtor's from t to tidei estates supplemental Le sedImorotherwise,d be expressly smogs es.Sol to the Iden of the Securitynts,exten t (j t Improvements. All of Dewooe ova he and se and that are mortgage Improvements andr(buildings,.structure,together w a e ail eprovemenl a et rte ono, entI rcWire replacements and imptvemema naw ar h reale All s within or way o rhe Leased,strpes ndd the are awdsd be Dewar s,al gs,pa sags,swe with the Leased. atepnvumantswa a apool modifications, I Glee, eits,lreveasements,'.yin,en ate rights,e,Its and goes a1 land,streets,cesyof alleys,passages,a sewer right,any water, a ter rights and relating air role and a Leased Premises mists,and all estates,rights, and interests,ns privileges,liberties, d a us, hereditaments any and road or even of o y whatsoever,in tay cow ior nghYee lie belonging,.eto[hth or ter line o the Leased eremhas and the Improvements anh hod radrtesy,e and all land lying the and d ss street road o ee opened or proposed, loons of or adjoining the ea Leased Premise. end to he ranter me thereof and a0 the estates.rights,with e Fess, rights of dower,rights of artery,property,possession,claim and demand whatsouer,nbothnat slaw and in equity,of Debtor tl,in and l0 the Lased Premises and the Improvements and eery part and parcel with thalappur 0) Penances thereto; (,)Fixtures and Personal Property. Al machinery,equipment fixtures(including,but not Idmhd to,all heating, conditioning,plumbinglighting,communications e d elevator fixtures],furniture,software used in or to operate ITS nyyof the foregoing and otherproperty of every kind and nature whatsoever owned by Debtor,or iwhich Debtor has a shall a .ninterest.now or hereafter located upon the Lease Premises and the Improvements,or appurte- nant and usable in connection with the present or future,pear tura d occupancy of the Lease Premises and the Improvementsandall building equipment materials and supplies of any nature whatsoever awned by Debt orn which Dewar has or shall have an beret,now or hereafterlocated upon the Lease Premises and the Improvements, r appurtenant thereto,ar usable in connection with the present or future operation and occupancy of r the Lease Prem d the Improvements holledively,the'Personal Propene). d the right title and interest of Debtor nend to any 1 the Personal Progeny which may be subject to any security interests,as defined in the Un- dorm Commercial Code, adopted end enacted by the state or states where eyed the Property is loaned'the'Uniform Commercial Cadet,and all proceeds and products of the above; (hilae and Rents. ll leases,subleases.sub) es,lettings,lice concessionsotheragreements(whether wiinen or oral)pursuant to which y Person isgranteda possessory interest in,or right 10 use or occupy all or any M (Meese, theLeasehold Estate ed the Improvements,and every licenses, • ndmentor other agreement relating to isuch lees..,sublease,subsubleases, other agreementsentered in a o nesdsn with such leases,sub- V lease,suble r other ree . d every guar I the perfor ane•d observance of the a conditions and agreements to be performed and observed by thoter party thereto,heretofore or hereafter en N ^ demo,whetter before o after the filingbyor against theDebtorof any petition for relief under any Creditors fRights Lawsofolle rely,the leases.,and all right fide and"teres[of Debtor,its.successorsand assigns therein en- tered thereunder,'including, Cho limitation,cash ors unties depohed thereunder to cup the erformance by the lesseesof then obligations thereunder and all additional rents, veno sepprofits lindudmg all oil angas or other rel royalties and bonuses),paid or accruing before or after the filing M against Debtor of any petition for relief under any Credifars Rights Law.IcollegrveHy,the revenues,issues all proceeds from the sale or 0) 0 trier deposition of theLeases and the right to receive and apply the Rents to the Payment of the Debt, ft)Insurance Proceeds. All Insurance Proceeds rasped 1 he Leased Premises under any Polices covering the Leased Premises,including,without limitation, the right to receive and apply the traced,of any Policies, • < U < judgments,or settlements made in lieu ihereot for damage to the Properly, ped la t by reason ofB llCondemnauon Awards. All Awards,including interest thereon,which may heretofore end hereafter be made with ret he Leased Premises Condemnation,whether from the exercise of the right of eminent do- main'including but a kinked to any trend made on lieu of or in anticipation of he a 1 h right, r fora change I gg ode,o for any other injury to or decrease in the value of the Leased Prem N Z r Z Ilii x cera Ni refunds,rebates or credits mar with any i T Taxes exercise the or ageing the Pmveny, tee. (I)Conversion.All proceeds of the conversion,voluntary or involuntary,of any of the foregoing including,without limitation,Insurance Proceeds and Awards,into cash or liquidation claims; (mlAgreem .All OLagreementsy cenificsee.instumenr,franchise,permits,licenses,dans,.pacificatio and other documents,now r hereafter entered into, d all rights therein and thereto,respecting or pertaining to the use. cu^alio 1c01 contracts, management or operation of the Leased Premises and any pan thereof and any Improvements o any buamss of egiyiry conducted on he Leased Premises and am pan thereof and all right,title and interest of Debtor therein and thereunder,inducting,without limitation,the n1ht upon the happening of any default hereundr,a receive and collect any ams payable to Dewar mereuodor: (nBniangibles. AB aradenames,trademark,servicemarkn,logos,copyrights,goodwill,boob and records,and all other general intangibles owned by Debtor relating to or used in connection with the operation of the Leasehold E IPI Accounts.All reserves,escrows and deposit accounts maimed by Debtor with resp to the Leased Premises,including without limitation the Reserve Accounts,the Lockbox Account and all accounts established pursuant to he Aisisle 10 d the Loan n Agreement together with all deposits or wire transfers made to the Lockbox Account and all cash, hacks,drafts,<endfiats,securities investment property,financial assets.Instruments and other property held therein from time to time and all proceeds products,di ibutions or dividends or substitutions[hereon and thereof, I.- •• Ipl Conversion All proceeds of the conversion,voluntary or involuntary,of any of the foregoing including,without limitation,Insurance Proceeds and Awards,into cash or liquidation claimand 101 Other Rights,Any and all other eights of Dbtor ,;in and to the items set forth in Subsections nal fhroo h(p]above. Q. PARCEL I-Fee Simple and Leasehold FEE MORTGAGE REAL PROPERTY DESCRIPTION-EXHIBIT C Ai pinion 01 pram situated in one North 112 0l Section 5,Township 33 South,Range 39 East Indian River County,Florida and being all of Lot 7,Lot 8,Lot 9 and Lot 10,of INDIAN RIVER MALL-THE MALL SUBDIVISION,se recorded E Plat Boll td,Pages 59 and 590.of the Public Petards of Indian RNer County,Florida. Q P- PARCEL II-Fee Simple and Leasehold L Being Lot 1,2 and pans of Lots 3,5,8,9 and 10 of Indian Rive Mall-the East Peripheral Subdivision,as recorded in Plat Book Id,Pages 60 and 680.and more particularly described as follows: Z O Commencing at the Southwest corner of Rivera Estates Sueubasivi per Plat Boat 1,Page 1;Public Records 01 Indian River County,Florida;thence South 00.07'12'West a distanceof 210.00 feet to point said point being the Northeast comer of Indian River Mall-The East Peripheral Subdivision;thence North 5Y 48'West along the North One of said Indian River Mall-the East Peripheral Subdivision a distance of 590.00 feet t l0 a point thence continu- ing along said North line South 51°10'O6'West a distance of 85.58 feet to a poi00°pent said point being the principal point and place of beginning of the following description: C/) N 0 Thence due South•distance of 549.51 fes to a point thence due Wert a distance of 10.86 bel to a point[hence due South a distance of 151.41 feel to•point thence Northwesterly 55.578 feet along a curve to the right having a radi- C us of 110.00 feet and a central angle of 28.56'56.to a point thence North 47°00'11'West a distance of 86.13 fee[to a paint thence Nanhweaterly 44.920 feet along•curve to the left having a radius of 60.00 feet and a central angle Q _ U of Or 53'43'to a point;thence N nh 89.53 54'West a distance of 263.80 feet to a point thence North 79.59'44•West a distance of 50.00 fed to a paint thence South 49•19 36'West a distance of 43.94 led to a point;thence 86.493 led along a curve to the left with a radius of 264.21 lee and a chord length of 86.11 feet having a bearing of North 46.31'12'Wed to a point;then North 55.63'54'West a distance of 270.00 fed los point thence North 470 07 00'West a distance of 160.00 fee[a0 a point thence North a distance of 35.00 feet taeoint thence North 45.Oct 00•Eau a distance of 262.00 leaf to•point thence 208.131 feet along a curve to the lel with a radius of 265.00 feel and a chord length of 202.82 feet havingbearing of Nanh 22.30'Or East to a point thence North 126.78 feet to a point thence South 49.43'Sr East•distance of 365.00 feet to a point thence South 66.53'64.Eastce a distan o145.00 fed to a point;thence South 89.5354'Ent•distance of 290.00 feel to a point thence North 51.10'O6•East a distance of 41.51 feet to a point said point also being the point of beginning CoAll references ao acreeagof e orasq moreloot tae for informational gquem le am purposes only. PARCEL III-Non Exmusdve Easements Together with those rights and non-exclusive easements constiuling rights in real propeny,created delisted and limited by that certain Indian River MaE Reciprocal Easement and Openfing Agrevmenl by nd among 0:11014 DepaS- m Store.,Ing,end B relines.Inc and Sears,Roebuck and Co.and J.C.Penney Company,Inc and IR Mall Associates,Ltd.,dated October 7,1997 and recorded October 10,1 9 in Off al I Neued Baok f t]4,PaBe 2945,of the Public ReroNs 01 Indian Rdvm County,Floida. PARCEL10-Nt Exd 'els ents Together with rhos rights and n eedusice easementsconstituting tights real property,darted leaned and limited by that ten edJuly Non-exclusive a contained in Dedmsian I CovRecord Beo[L,Candnige and Reendninns and between I.R.Mall off Covenants,es Ltd,•Florida limited Restrictionsbyyrad Lowe's Home Comers,Inc.,a North Carolina limrtetioa.tnersh July 3,oinnswe'and recordedJuly3,1996 in Official Rcorrd Baok 1111 PJB,101,amended by Amendmentrecorded March Declaration 2,1999 in f Official RecCondhions and Book 1262,Page 1269,both of the Public Recartle afMall lndiee River COuLtd, ry,Florida.limned partnership and Lowe's Home Centers.Inn,a North Carolina corporation,dated January 11,1999 and FEE MORTGAGE PERSONAL PROPERTY DESCRIPTION-EXHIBIT 0 Debtor,IR Mall Asaacatee,Lte.,a Horida limited pannenhip,hat mono.ac!,Kr lee pbellgaired,pleagod,tssigntd.warranled,tnndentd,conveyed,ane granted a seven,ty^nand a to the f0lbwin any.Wells Fargo Bank NA,as Trve .o far she regisimed holders of Banc of America COmraulal Mortgage c Mortgage Pas.'Thlough Certificates,Resin 2001.1,and its avccese0rs and asci g progeny rigwe,iROlOeOs and estmes ea or 54.0.101 acquired by Debrar. ('l Land The real pr va doaenbed in,estates ie I and attached hereto and made a pan hared the-Land'); (b)Adduce to Ung AlAplem oval land,glans and sdevelopment rights besieger to the lien by Debtor fir use in connection with the Land and the develapmem of the land and all additional lands and estates thareln which may, from i ti ,by a builmennl mortgage or ureas,add be expressly made cabled to t,,ben vl thio Security Instrument i Improvements.t a budding.,structure,fixtures,additions,enlargement,extensions,modifications,regain, replacements and improvements now or hereafter erected ar located within or above the Land and that are owned by Dbnt.Alyely,ethe rnems'Improvements.): . all (li Easements.All tpane,e.1:be iewry or use,items,strips and gores of land,wenn,ways,of any passages,seweroe nB an comer,water courses,wafer ging,and pewee.tar rights and and and the dgMo and 1,and the rights, s interests,remaier0..l ands.l landel,ervn thea tenement,hereditaments load or and appurtenances, peeto one otos whatsoever,adjoining in any way n or hereafter line there.relating to pertaining to rights, tlese nna eats,tmpsvomew arta the prd ramal doe,a d all iand dide a rde beat any sotheat laad o In anon opened tr pf,in and io the L ti or adjhie Int roe men,m sde enter line dp res and all hen ate, roe[ince inures:,rights of dower,right reversion. EquttpM I°possession,claim and demandSnsMateoever,Article both of law end i on equity,of d.'Debtor de in and to the Land and ore owned here and every edit y D parcel thereof,with.the r in connection wattta; s� lel Equipment isto ted thereon or t easr such term as defined in limited ,0l me Uniform Commercial Lusa(gs,and defined),d now ownsor hereafter acquired by Debant no which id oteri at or in acquired b with the and any and 0e the Lev located Land re or therein(inducing the not going).to,ill er wiihary,attachment furnishings,,, els,equipment dela processing5.4 end accessories her olece a eon ort nuav awned or olleeaftel,c ho'B ui mentor aN any and inn hie lions,subatipand redot imeud ut cry pofe the eo naiog to to rrowe wnh r t e Lease.ex�pt to the east the,Debior sha oho anyrigtinstalled therein or affixed thereto(collectively,the"Equipment.). Notwithstanding the foegtiEquipmentlEqip shall not induce any the own rship of at Borrower under theLease,except l0 theextentl enl that Debtor dell have any right a Interest rnereon; II Fixture.All campmate.now owned,or the ant is located, d winch'i hereafter,wlimitation. , Debtor ng or is uctiond to theei Led•e for construction, formingreconstruction,of the Property oil i at doomed fiduren o real property under the Lew of the genicular sofa i.whim,the Equipment is located,including,without uyul.aian,othol lhom oreon a rice dntandir far conewcusn,ie ,aith Itian or lair of t inrtellatitsI to he P tnslu0 It" ird,inem,gpp1Vne alai o•Pelngi aqui moot fininggs=era'? Pxtures and other' c1 tdhenaher ditched t0,installed a in ed idc,esn lit coati',R,heariing.Ooepettraneneryli n ll the improverrant Tar the Lend,do air o inul not limtee eyste.g.,en f this tp a' e0,epee-menses p e- pdnse,,rad eing call tnd utionim dome Bre ent,`uithang ata slim,disposals. disbiasieg oanngn n g t ag recreational q r pment O i p and a cooling,ani w ,gs,electro gasandand sap machinery, u irad equipment equipment (whether control dquipm ut or to y with hers,a d idf eiorefrigerators d Debt nit gein)and end ther uul ofe al he he and of toe electrical.. ems and sanitary w facilities,t utility.and and ,fuel ,whether owned individuallyuesupply ndall with others,and, 0 ed jontly,a the anent of Debnr'esin utst Ins,to and N N m nth Lim.than r ed an storm tanks,w supply, ear power rine fuels lone,fuel ankh,fuel agplt•o all other°am..s,all not with eel accessions,loy which is are en r glosso- s,betterments assubei pto for any tf the I easement., 'ggerhdthe proceeds ora the oaf st eollettrvely.the 'Fixturap 1.Notwithstanding the Itrepaing,'Fixturei shall not include any prOpeM which nna rue entitled t0 IP we pursuant pty Lituexcept,hem the extent thaectebt Debtorshell chhine,tight t toeinter., uppliesra franchises,!lenses,certificates and permits,and aII F NU arson Properly.All furniture,furnishings,cbl a r di ry good.,r supplies,ns of appliances,Uniform intangibles, r rights,accounts,n e receivable, personal I pw'ioh al any located kind m character about the.s art, m end projeg a the gather with of the Unsend Commereml Code,ndvsubher ts thereto he ret or therefor other a than Fixtures,which are,taw er.hereafter nee by and Debtor and which e so hon in nd tot nye Land and the ro Improvements,together s b.o all any security replacements as and substitutionsiUorm Commercial Code, and the proceeds d thereof ed by the state the restates ere any 3 d the right lite and interest of Dewar in end l any 01 free personal Property lien of may Security subject to atty ancbry iotcreds,a defined in the above,Cammersial Code,ae adopted end enacted by the stale or states where 01 r N heonee en is Rented he Lease.w Commercial Code.),ueeriur inliento free 0f this S any pe Aonfor m andfed l If U.S.C..and pseuds of the heave; Ia Leases end Renta ThetsLease,whether assigns before or neer the filing by d against Dewar h ulimitation, far relic under 1e UOed1 et eun er the came may be amended fromthe time to time the obligations Code')and n rigght,rents,and int of Debtor, end as ig•here and)degas or o including,without • ,cash r securities n p and the thereunder ton ewe the perform a by the lee of he bleb thereunder d r and anll yenta, •� lion lot 1.rents, n sat and profits(including.l til and and other minerallwroyalties and hnuays]fromelior the le ed the the n6k 10 1.0 whether polyiaccruing before or ales the filing bytatr against Debtor of any 200E � w Lase / relief underrrevenue., Bankruptcy Code Ies II ct the Renzi 1 all proceeds from he sale o ooh dispose.f the Leese and right to receive and apply the Renis lope payment of the Dcbt i:.: u e Ii)Condemnation Awards. All Awards which may heretofore and hereafter be made with respect to the Property.whether from the exercise of the eight tl eminent domain(including but not limited to,any transfer made an lieu of /� anticipation of the eat the rhgy or for a change of grade,or for a ond,rother injury It a decrease in the value 0I the Pmpwit t a IRInsu an Proceeds.All Insurance Proceeds In roped of the Property der am'Petioles covering he Property.including,without Kimitaraan. the right to receive d apPM the proceeds f any Poyciee.judgments,or wale- talents made in Aeu thereof.in connection with a Casualty to the Property;any Cameron. All refunds.rebates or credits in connection ction With reduction an Taxes r Other Charges charged against the Property, / wf IN Conversion.All proceeds of the emersarn,voluntary involuntary,of any 01 the foregoing including,without limitation,Insurance Proceeds and Awards,into cash o liquidation claims; �/ (m)Rights. The fight,in the name and on behalf of Reeler,to apps d defend any action or proceeding brought with respect to the Property and to commence any aoien o proceeding to protect the interest of Secured Party in VVV��`888 Q the Property.(n)Agreement,To the extent awned by Debtor,in al agreements centrcertificates,Instruments,franchisee,permit,licenses,plans,specifications and other documents,now or hereafterentered" , and all ngins therein and thereto, spading pertaining to the use,occupation,construction,management or operation of the Land and any part thereof and a Improvements or any business or atnety conducted on the verb es Laor nd red d y pan thereof and all right title and interest of Debtor therein and thereunder, ducting without limitation,the night upon the happening of any default hereunder,to receive and collect any sums payable t0 Debl- r I r the Rights.Any and all other 110115 of Debtor an and to the items ed forth an Subsections nal through(rel above. _` Said sale l be made pursuant to and an order to satisfy rte terms of said Final Judgment of Foreclosure. 1 t iI z erg Any person claiming an interest in the surplus from the sale,H any,other than the property owner as of the date of die lie pendens must file a claim within 60 days after the sale. )08/. 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: Indian River Neighborhood Association,Dan Lamson ADDRESS: PO Box 643868,Vero Beach,FL 32964 PHONE: 772-410-4612 SUBJECT MATTER FOR DISCUSSION: IRC's AAF Lawsuit IS A PRESENTATION PLANNED? YES X NO IS BACK-UP BEING PROVIDED YES X NO IS THIS AN APPEAL OF A DECISION YES X NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES X NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E-Mail COUNTY ADMINISTRATOR:A t4. �� !j •I VSjL 1 l Fax Joseph A. :aird Mail MEETING DATE: 0 ,s Hand Delivered Phone 193 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION /196 iaL 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: St.Christopher Harbor HOA ADDRESS: 2136 Harbor Lane PHONE: 914-924-0841 SUBJECT MATTER FOR DISCUSSION: HEAD ISLAND RESTORATION PROJECT IS A PRESENTATION PLANNED? XXX YES NO IS BACK-UP BEING PROVIDED XXX YES NO IS THIS AN APPEAL OF A DECISION YES XXX NO WHAT RESOLUTION ARE YOU COMPLETION OF HEAD ISLAND RESTORATION PROJECT REQUESTING OF THE COMMISSION ARE PUBLIC FUNDS OR ACTIVITIES XXX YES NO REQUIRED? WHAT FUNDS OR ACTIVITIES ARE ADDITIONAL$49,125 FROM COUNTY;HOA$22,000; FIND REQUIRED TO MEET THIS REQUEST? GRANT$9,125 Transmitted to Administrator Via: Interactive Web Form E-Mail COUNTY ADMINISTRATOR: al % s a ,A I� J Fax ' osep A.Baird Mail MEETING DATE: Hand Delivered Phone 194 Item#, /o t ti NA Iwils- 4 1114 ',114 C'`>R n _ . •-:�«��E �' '-'1,-,— #»- qs,, „en'./ , ita cvG � � °t 4 i .° . . qt ;rm ir` � ,'"1-7' : .#« pi s ,., , ert- Y " tF an i Y.," * ` � xy" 9 ..- �t�iu,� .. • !`b •.y, Costs / Funding (12/16/14 - Based on TSI Disaster Recovery Bid) Project Element Estimated FIND Cost County St. Christoph r Coat (25°1•} Cost Harbor HOA Coat Design&permitting $38,000 N/A N/A $38,000 Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization $78,500 $19,625 $42,125 $16,750 &construction Project mgt., $18,000 $4,500 $13,500 N/A engineering oversight, contingencies TOTAL $144,500 $26,625 $63,125 $54,750 County Funding Source: Florida Boating Improvement Fund reserves /99..ri Costs / Funding (Revised Based on TSI Payment for Work Performed and New RFP to Complete) Project Element Estimated FIND Cost County St. Christopher Cost (25%) Cost Harbor HOA Cost Design&permitting $38,000 N/A N/A $38,000 Public boat landing $10,000 $2,500 $7,500 N/A TSI payment for $31,499 $7,874 $23,625 N/A work performed Channel/breach $127,000 $22,875 $65,626 $38,499 completion under RFP(engineer's estimate) Project mgt., $18,000 $2,501 $15,499 N/A engineering oversight, contingencies TOTAL $224,499 $35,750 $112,250 $76,499 Assumes County cap of 50% of project costs not to exceed$115,000 /9 V -A"2 4rti: r.: .+..as+m... �Y .f.., s.f...«. v s....a- .. ^Wndm.w�.rn.rx A0+ tlW.FUMs tivMgAr:acrta.ww A3 tea"/.*LCSingx Headlsland �44.44--,..k� Wfd-:n. {rypM.ryufv 4.11.44.44.44.1444.4 Wuviortfi+✓y^ W.y r 1w11M(ai�alw LEGEND `f��•. ' °,.«.a, A, SIS KX^MeIAI*ka s S\. tw*wauucM Asw "• — Enws.mvauu .A`I ,IST.CNRISTOPNER NAROr OM HOA , \ !Q;§ Y•I. . • NEAO1SU1N0 PROTECT SITE PLAN OVERALL PERMIT"NAPPLICATION tpu"«c. L:AL VERSION 1..7. FILE N0.311.300038-001 VERO 6F.ACN FE FI0UR0 NO.i? 'T. i.Wt4.'t • MWDY ��'� C.—., y ryry g s l .r" e z F y w '. , vi ^moi4 f- cu=rt i"4,r�`k1F ,» ' ?. " r .,:a„. i'` a rcyp, e ,,,4t,'{F m :`S'7"B, 'tom . . 1€s', , 9 . , r, k `s°1 t4' F� �. r� f ,fir .' ''a „ a�t - .• , of y `'v r.).„ . , �' .P a �c a°` ,1Ln,m r� ,. f � ¢ "w .0,711./,5>444,;;'''' fro �. # ' d ,w¢� tea, [� �i �... - t saw iry �,.'" .,,...`�`�.� ..... .,:.a �, .. - '.`�..t te.: `..t a n R... /4 y•6 -3 Costs / Funding (Estimate Presented at 8/19/14 BCC Meeting) Project Element Estimated FIND Cost County St. Christopher Cost (25%) Cost Harbor HOA Cost Design&permitting $38,000 N/A N/A $38,000 Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization $115,000 $28,750 $51,625 $34,625 &construction Project mgt., $18,000 $4,500 $13,500 N/A engineering oversight, contingencies TOTAL $181,000 $35,750 $72,625 $72,625 County Funding Source: Florida Boating Improvement Fund reserves / 9y -,y - 4 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION (( (1 U 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: Patricia Hunt ADDRESS: PO Box 442 Roseland,Florida 32957(Temp. mail) PHONE: 8082056537 SUBJECT MATTER FOR DISCUSSION: New public cameras in public building,documented etc. IS A PRESENTATION PLANNED? x YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES x NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE Unsure depending on the answer from the County REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form COUNTY ADMINISTRATOR: Oa '•_XE-Mail - V.y�. Fax J i seph A. Baird Mail Hand Delivered MEETING DATE: 5/5/2015 Phone 195 (•O\1\II \I•I•\ INDIAN RIVER COUNTY, FLORIDA 111:\ 11.01)\11•\' I MEMORANDUM TO: Joseph A. Baird; County Administrator ' `"" DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP; C unity Development Director DATE: April 23, 2015 SUBJECT: Consideration of Draft Parking Regulations for Vacation Rentals It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 5, 2015. BACKGROUND At its February 10, 2015 meeting, the Board of County Commissioners heard a presentation from Dr. Miles Conway regarding vacation rentals, including parking conditions at a vacation rental adjacent to his property on south SR A-1-A (see attachment #1). That vacation rental, owned by Mitchell Dudek who is represented by attorney Barry Segal, is the subject of a Code Enforcement Board action which has been appealed to circuit court. After hearing from Dr. Conway, Mr. Segal, and others, the Board voted unanimously to direct staff to draft parking regulations for vacation rentals. Community Development staff and Deputy County Attorney Bill DeBraal have conducted research and drafted an LDR (land development regulation) amendment ordinance for the Board's initial review. The Board is now to review the draft and determine whether or not to direct staff to initiate the formal LDR amendment process with any initial ordinance modifications desired by the Board. ANALYSIS The term "vacation rentals" refers to residential units rented-out for short-term stays, typically for periods of one week or less. In high tourist areas across the nation, including many parts of Florida, vacation rentals are popular and controversial to varying degrees. Staff's research indicates that many local government regulations do not specifically treat "vacation rentals" except through interpretations of regulations for residential units or lodging units (e.g. hotels, motels, bed and breakfast use categories). Staff has also found that some communities, such as those in the Florida Keys, have extensive vacation rental regulations and local licensing requirements. History of County Regulations and State Pre-emption Indian River County's history of vacation rental regulations, together with the State's recent actions to pre-empt local vacation rental regulations, are summarized as follows. F:\Community Development\CurDev\BCC\20I5 BCC\ arkingRegiVacRennla.doc 1 196 • 1980s to 2012: County code was interpreted to classify any residential unit rented for a period of less than 30 days as a lodging unit requiring commercial zoning or approval as a bed and breakfast or residential resort (e.g. Disney). Occasional code enforcement activity occurred when staff received complaints about a vacation rental in a residential area (Summerplace, Roseland). • 2011: State law was enacted pre-empting local governments from prohibiting, restricting, or regulating short term/vacation rentals. Local ordinances in place prior to June 1, 2011 were grandfathered-in. • 2012: As part of an extensive LDR clean-up, staff proposed numerous modifications to the County code, including a modification to clarify the 30 day rental period applied to residential units since the 1980s. During the PZC and BCC hearings for those amendments, vacation rentals owner Glenn Powell spoke against the modification and the prohibition interpretation of the old code. At the June 19 and July 10, 2012 BCC hearings, County Attorney Alan Polackwich indicated that the existing code had a legal "gray area" that staff was trying to address with a proposed modification. During discussion, BCC members indicated that vacation rentals can be properly run and that by explicitly making them legal, many could "come out of the shadows" and be properly licensed by the state. At the July 10, 2012 hearing, the BCC adopted an ordinance that specifically allows residential units to be rented-out for any period of time (daily, weekly, or longer). At that hearing, the BCC directed staff to develop a mechanism to handle complaints and ensure that known vacation rentals get properly licensed by the state. Excerpts of minutes from both BCC hearings are attached (see attachment#2) • 2012 — Present: Since the July 2012 code change, code enforcement staff has handled and maintained a log of general inquiries and complaints related to vacation rentals. Site specific complaints are investigated and turned over to the state Department of Professional Business Regulation (DPBR) for its determination on whether or not a state vacation rental dwelling license is required. State investigations can take a long time, especially if rental activity is minimal. While a state investigation is active, the state will not provide code enforcement staff any information about the investigation. Violations of local regulations, if any, are handled through normal code enforcement procedures. Upon a determination by the state that a license is required, and upon issuance of a state license, staff notifies the license holder about County residential parking requirements (see attachment#3). To date, staff has received 5 general inquiries and 9 site-specific complaints regarding vacation rentals. Of those 9 complaints, 5 were determined not to be used as a vacation rental, 2 were issued state licenses, and 2 have open investigations by the state. A copy of the current log is attached (see attachment #5). Based on that data, it appears that the number of site specific complaints in the unincorporated county has been relatively low, so far. • 2014: The 2011 state law was modified to allow local regulation of vacation rentals but still pre-empted local governments from prohibiting vacation rentals or regulating the duration or frequency of vacation rentals. F:\Community Development\CurDev\BCC\20I5 BCC\ParkingRegsVacRentals.doc 2 197 • 2014/2015: The Dudek case was heard by the Code Enforcement Board (CEB). In that case, the CEB voted 4-1 to find a violation of parking location regulations and entered a continuing order "that parking not occur in anything other than the designated parking area". Mr. Dudek appealed the CEB decision to circuit court. That lawsuit is currently pending. Existing Indian River County Residential Parking Regulations Regulations on the number and location of automobiles regularly parked at a single-family residence are intended to maintain the visual/aesthetic character of residential neighborhoods, while accommodating parking needs. For any residential unit,the general parking minimum is two spaces per unit. That parking standard minimum is typical for most jurisdictions and for a single-family residence is easily met by providing a typical driveway. Current County parking regulations for a single-family zoned lot allow a maximum of 3 automobiles (not including RVs, which are separately regulated) to be parked outside an unenclosed area, with two exceptions. One exception allows for one additional vehicle for each licensed driver permanently residing at the residence. The second exception allows the parking of automobiles by persons visiting the residence without those automobiles counting toward the previously described limitations. The current regulations also prohibit parking within a required yard such as within the front yard setback area of a lot. It should be noted that in general, a car may be parked (but not stored) within a public local road right-of-way. It is staff's position that the existing code's exception for parking by persons visiting the residence (the second exception described above) is not intended to apply to vacation unit renters or "guests" of the vacation unit renters. The current code, however is not clear on that point but would be clarified and addressed through the amendment now being considered. Comparison of Parking Standards for Vacation Rentals Staff has researched vacation rental parking standards and obtained information from nine Florida local governments as well as information from six out-of-state local jurisdictions (see attachment #6). Staff's research indicates that Vero Beach specifically prohibits vacation rentals and therefore has no standards relating to that use. Neither Fellsmere nor Sebastian have specific standards for vacation rentals,the same as Indian River County. Several of the surveyed jurisdictions specifically restrict vacation rental parking locations to driveways and designated areas (Islamorada, Bal Harbor Village, and communities in California and Nevada). With respect to regulating the number of parking spaces, several jurisdictions require a minimum number of spaces or fraction of a space per room. A few jurisdictions limit the maximum number of spaces based on the number of designated spaces shown on a local government vacation rental application. Draft Ordinance Based on the Board's direction, staff has drafted an initial ordinance proposal that defines the term "vacation rental", clarifies existing parking regulations for single family residences in general, and establishes parking regulations specific to vacation rentals. As structured, the proposed "vacation rental" definition closely follows the state's definition of such use for state vacation rental dwelling licensing purposes. Thus, the County's definition will "capture" every unit that requires a state license. np F:\Community Development\CurDev\BCC\2015 BCC\parkingRegsVacRentals.doc 3 178 As structured, the draft ordinance clarifies the County's current regulations by referring to "carport or garage" parking areas rather than referring to enclosed or unenclosed parking areas. The draft ordinance also establishes automobile parking maximums for vacation rentals. As currently proposed, for vacation rentals with a garage and/or carport, the maximum number of parked automobiles is the total number of garage/carport spaces plus one space per bedroom not to exceed 5 automobiles parked outside a garage/carport. For vacation rentals with no garage or carport, the current proposal limits the total number of parked automobiles to 2 plus one space per bedroom not to exceed a total of 5 automobiles on site. In addition to the parking limitations described above, a vacation rental may provide and use "excess" parking spaces if such spaces meet parking location requirements and are visually screened from view from any adjacent public or private street. As proposed, excess spaces cannot be occupied between 10 pm and 8 am and must be reviewed and approved by planning staff through the administrative approval site plan process. In practice, the current proposal to allow excess spaces will be useable on larger sites, will maintain visual compatibility from the view from adjacent streets, and will accommodate larger numbers of parked automobiles thereby accommodating larger numbers of people at vacation rentals. Issues Other Than Parking Since the Board's February 10, 2015 meeting, other issues and concerns have been raised. Those issues are discussed below. — Event Sites One issue relates to use of vacation rentals for events involving large gatherings of people. Staff's initial review with the Deputy County Attorney indicates that the County could prohibit or separately regulate the renting of a residence (conventional residence or vacation rental) for compensation for a large gathering event. Such commercial "event site" regulations could include a prohibition of advertising a residential unit for events, and could limit the size of a gathering or occupancy of a rented residence to provide a quantitative standard for enforcement. In addition, as an alternative to prohibiting all events, "event site" regulations could be structured to limit the number of large gatherings allowed during a calendar year at a residence rented for such purpose. For example, retail sales in the form of garage sales are allowed at a residence but are limited to three garage sale events per calendar year. If the Board wishes to prohibit or limit large gathering events, then the currently proposed provision for excess parking spaces should be deleted or revised. — Fire Safety Another issue recently raised related to fire safety for vacation rentals. In response to that issue, County Fire Prevention staff coordinated with DPBR staff. According to DPBR staff, a licensed vacation rental is required to have functioning smoke detectors and a fire extinguisher. Actual site inspections by DPBR staff, however, appear to be rare and are scheduled only in response to complaints. Inspections of vacation rentals by Fire Prevention are not currently provided in the county code. Consequently, local inspections of vacation rentals for smoke detectors and fire extinguishers cannot be required without a change to the county code. F:\Community Development\CurDev\BCO2015 BCC\ParkingRegsVacRentals.doc 4 199 — Citation Powers Based on Florida Statutes Chapters 162 and 489, County Code Section 103.07, and County Resolution No. 92-59, County code enforcement officers have the power to issue citations for various violations subject to specific procedures. Those procedures include issuance of a warning for an initial violation with time given for compliance. A violation that occurs thereafter may be cited per occurrence. Under the citation resolution currently in place, a $50 citation may be issued for each vehicle in violation of a parking regulation after a warning has been issued to the owner of the premises. Specific types of violations and associated fine amounts could be added to the County's current citation schedule by adoption of a resolution, as was done in 2013 when fertilizer ordinance violations were added to the schedule by Resolution No. 2013-089. County code section 103.07, Resolution No. 92-59, and a citation procedures flowchart are attached(see attachment#7). RECOMMENDATION Staff recommends that the BCC provide staff direction on the draft ordinance, including issues other than parking, and determine whether or not to direct staff to initiate the formal LDR amendment process. ATTACHMENTS 1. Excerpt from February 10, 2015 BCC Minutes 2. Excerpts from June 19, 2012 and July 10, 2012 BCC Minutes 3. Sample Notice to Owner of Vacation Rental Regarding Residential Parking Requirements 4. Sample Vacation Rental Dwelling State License Details 5. Log of Vacation Rental Complaints 6. Chart: Comparison of Parking Standards for Vacation Rentals 7. County Citation Powers Documents 8. First Draft of Proposed Ordinance Indian River Co, Approved Date APPROVED AGENDA ITEM: Admin. y Y/3.0/45 Legal j FOR: May 5, 2015 Budget 4j2qr} ' °I1` l/ Dept. OjkC /MINIM Risk Mgr. F:\CommunityDevelopment\CurDev\BCC\2015BCC\FufcingRegaVacRenttla.doc 5 200 Shores had adopted a Resolution regarding the Florida Auditor General's audit of the Florida Municipal Power Agency and the plans of the City of Fero Beach, in response to that audit. He asked fellow Commissioners if they wished to draft a similar Resolution. ON MOTION by Vice Chairman Solari, SECONDED by Commissioner O'Bryan, the Board unanimously directed the County Attorney's Office to: (1) draft a Resolution similar to one that was adopted by the Town of Indian River Shores with regards to the Florida Municipal Power Agency's preliminary and tentative audit findings and recommendation concerning the Florida Municipal Power Agency (FMPA), and the plans of the City of Vero Beach in response to that audit report, and (2) bring back the draft Resolution for Board review. C. Commissioner Joseph E.Flescher None D. Commissioner Peter D.O'Bryan 1:30 1. Parking for Vacation Rentals p.m. (memorandum dated January 26,2015) 302-314 (Clerk's Note: This item was heard following Item 13.F. Update on the Public Service Commission Meeting, and is placed here for continuity). Commissioner O'Bryan reported that on August 18, 2014, a Code Enforcement Board Order was filed against Michael D. Dudek for residential parking violations at his vacation rental property in the White Surf Subdivision, and that Mr. Dudek's attorney, Barry G.Segal,has filed a challenge to that Order. Commissioner O'Bryan explained that the volume of renters at the home has led to parking issues with the adjoining property owners, Dr. Miles Conway, Dr. Walter Forman, and Dr. Thomas Gillman, and proposed that the County Attorney's office draft an Ordinance regulating parking at vacation rentals, with the maximum number of allowable cars tied to the size of the home. There was a brief discussion among the Board about vacation rentals in residential areas. Dr. Miles Conway, 2340 South Highway AIA, stated that he, Dr. Thomas Gillman, and Dr. Walter Forman, are in civil litigation with Mr. Dudek, because they have been putting up with untenable conditions for over a year. He noted that he resides in the Kansas City Colony subdivision, just north of Board of County Commission Minutes Page 19 February 10,2015 201 f 'ACHMENT the White Surf Subdivision, and that the other two property owners live in the same subdivision as Mr. Dudek. lie presented supporting evidence that the transient rentals are negatively impacting his quality of life and that of Drs. Gilman and Forman, as well as other heachfront property owners. Dr. Conway elaborated on issues related to these transient rentals as follows: large volumes of cars being parked at individual properties and on right-of-way; damage to the sand dunes; sea turtle disorientation; unknown persons wandering around in the middle of the night; trespassing; noise pollution; and vandalism, and invited individual Board Members to spend time at the site to see what is going on. Vice Chairman Solari asked Dr. Conway to clarify what remedy he was seeking from the Board. Dr. Conway responded that he would like to see the Board enact a two to three car limit at individual properties. Discussion/debate ensued between the Board and Dr. Conway about the existing parking regulations for residential homes. Commissioner Flescher voiced concerns that formulating regulations governing residential parking might impede upon individual property rights. Commissioner O'Bryan said that the parking rules for homeowners will fall under the existing County Code, as far as guests visiting a single-family residence; however, he was proposing separate regulations governing commercial vacation rentals. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Solari, to direct staff to draft parking regulations for vacation rentals, either by the addition of wording to our existing County Code, or by drafting a new Ordinance to deal with parking at residences that are being employed as vacation rentals. Chairman Davis asked staff to provide him with a list of properties at which there have been complaints related to transient rentals. Dr. Conway related that since the City has tightened up its restrictions on transient vacation rentals, these types of rentals will migrate over to the County. A brief discussion ensued between the Board and staff about the collection of Tourist Taxes. Board of County Commission Minutes Page 20 February 10,2015 ` ACNMENT +, 202 Dr. Conway stated that he would like to speak at a future Board meeting on the deleterious impact of transient rentals on property values and other associated issues. Daniel Lamson, Executive Director, Indian River Neighborhood Association,spoke in support of Commissioner O'Bryan's proposed parking regulations, and provided for the record, emailed correspondence from three homeowners having problems associated with neighboring short-term rental properties. Barry Siegel, Esq., representing Mr. Dudek, provided to the Clerk a copy of the Florida Attorney General's Legal Opinion that a local government may not restrict vacation rentals,and cautioned the Board that the proposed Ordinance may have unintended consequences. Attorney Reiugold, responding to Board questions, clarified that while a local government may regulate vacation rentals, it may not enact a local law, ordinance, or regulation which would operate to prohibit vacation rentals. The Chairman CALLED THE QUESTION and the Motion carried unanimously. E. Commissioner Tim Zorc 2:46 1. Update on Foreign Trade Zone from the Port Canaveral Meeting p.m. held on January 21,2015 (no back-up) (Clerk's Note: This item was heard following Item 14.B.1. Resolution Regarding PUPA Audit, and is placed here for continuity). Commissioner Zorc stated that the Port Canaveral Board of Commissioners was receptive to his request to create an Indian River County sub-zone within Port Canaveral Foreign Trade Zone 136, hut would need to review their Charter. He asked for authorization to attend any future meetings about the County's request to he included in Foreign Trade Zone 136. ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Davis, the Board unanimously approved out-of- County travel, as needed, for Commissioners and staff to attend meetings regarding: (I) the Florida Municipal Power Agency(FMPA); and(2)Port Canaveral Foreign Trade Zone 136. Board of County Commission Minutes Page 21 February 10,2015 ATTACHMENT 1 203 8.H. CONSIDERATION OF CHANGE ORDER No. 1 TO CONTRACT AGREEMENT WITH TIMOTHY ROSE CONTRACTING, INC. FOR CONSTRUCTION OF PUBLIC ACCESS IMPROVEMENTS ON THE FLINN TRACT OF THE LAGOON GREENWAY ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved Change Order No. 1 to the Lagoon Greenway Phase I Construction Agreement with Timothy Rose Contracting, Inc., and authorized the County Administrator to execute the Change Order on behalf of the County, as recommended in the memorandum of June 12, 2012. CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Chairman Wheeler called a break at 10:15 a.m. and reconvened the meeting at 10:27 a.m., with all members present. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLIC HEARING 1O.A.1. CONSIDERATION OF PROPOSED LDR (LAND DEVELOPMENT REGULATION)AMENDMENTS (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD June 19,2012 9 204 ATTACHMENT 2 Planning Director Stan Boling, using a PowerPoint presentation(on file),recapped his memorandum dated June 7, 2012, providing background and analysis on the proposed Land Development Regulations(LDR) amendments, which are the result of staffs Evaluation and Appraisal Report(EAR)process. He said that the Board needs to adopt the comprehensive plan policies, pointed out that some of the added amendments were initiated by the Board, and some were initiated through staff to clean up, clarify, and/or update the LDRs. He reviewed the proposed recommendations from the Agriculture Advisory Committee and the proposed recommendations and exceptions from the Planning and Zoning Commission. Director Keating also spoke about short-term lodging in single-family zoning districts;the definition in the County Code of hotel/motel; not currently having a definition of lodging facility(a use that is allowed only in commercial zoning districts); what staff has done over the years regarding 30-day stays; and the proposal to clarify the definitions in the ordinance. He recommended the Board direct staff to make any necessary changes to the proposed LDRs, and announce their intention to adopt the ordinances at the July 10,2012, 5:01 p.m. hearing. The Chairman opened the Public Hearing. Glenn Powell, 12845 Bay Street, Roseland, owner of several single family homes and short-term rentals in Sebastian and Roseland, said he had four houses that were charming but did not lend themselves to attracting a good long-term tenant,so over the years he rented them as short-term vacation homes. He provided background, revealed his ongoing monthly costs,and noted that when he purchased the properties, he researched the County Code for single family residences, but it did not address rental terms or time limitations. He thereafter voiced concerns over: (1)the County Code being silent on short-term rentals,(2) how changing the LDR would affect him, and(3)not being notified of the workshops/meetings that had taken place. He claimed that the Courts have held that short-term rentals are not a business use. Mr. Powell emphasized that in addition to collecting lodging taxes, he also maintains the properties,and is an asset to his neighborhood; and if there is a code that specifically prohibits short-term rentals, June 19,2012 10 ATTACHMENT 2 205 people will still continue to rent,but the landlords will not collect the taxes,and it will be a black market rental business. He relayed that on June 2,2011, Governor Rick Scott signed a Bill into law that reclassifies a single-family home as a vacation rental, and a local law cannot restrict, prohibit, or regulate the rentals based on the classification use for occupancy. Vice Chairman O'Bryan said that his family has used short-term rentals in the past, and felt they provide a family friendly environment. He believed that most of the people that moved or brought their business to this County visited here first. He asked the County Attorney to review the State Law that Mr. Powell referenced, and provide an opinion before the final meeting, so the Board can take appropriate action. Commissioner Davis also revealed that his family uses short-term rentals when traveling. He could only recall two negative complaints in his eight years of being a commissioner. Community Development Director Bob Keating acknowledged that there have not been a lot of complaints, and reiterated that staff is not changing the policy,they are only clarifying it. Chairman Wheeler believed that by clarifying the ordinance, it is in effect, changing it. Commissioner Davis did not favor changing the ordinance,he wanted time to observe whether there is a real or perceived problem; at this time he believed it to be perceived. Mr. Powell said the people who come for short-term rentals have money, are educated, and seek out what Indian River has to offer. He said there are regulations that can be put into place to take care of the concerns of single-family residences. Attorney Polackwich focused on legal issues and the interpretation of the proposed amendments to the ordinance. He recalled that vacation rentals are defined under Chapter 509 of the Florida Statutes,which also deals with hotels and vacation rentals at the State level, and are June 19,2012 11 206 ATTACHMENT 2 regulated by the Division of Hotels and Restaurants, Department of Business and Professional Regulations,which is why this situation has been dealt with through the definition of hotel/motel. He said the County Code is gray,and staff's position is that because the ordinance includes"any building,"they now want to clarify that"any building" includes single-family residences. Richard Gillmor, Sebastian Councilmember and Congressional candidate, addressed the LDR's regarding vacation rentals. He felt the vacation rental business is self-regulating, and he cautioned the Board not to fix what is not broken. He suggested that staff invite other short-term rental landlords to future workshops. There being no other speakers, the Chairman closed the Public Hearing. MOTION WAS MADE by Commissioner Solari, SECONDED by Commissioner Flescher, to direct staff to remove the proposed changes to the "Hotel/Motel" section of the Land Development Regulations. Discussion ensued among the Board as to how to make the amendment to the Land Development Regulations clearer. MOTION WAS AMENDED by Commissioner Solari, SECONDED by Commissioner Flescher, to allow short- term rentals for less than one month. The Chairman CALLED THE QUESTION and the motion carried. The Board unanimously directed staff to: (1) remove the proposed changes to the "Hotel/Motel" section of the Land Development Regulations; and June 19,2012 12 ATTACHMENT 2 207 (2) include a sentence that would allow for short-term rentals less than one month at a time. The Commissioners and staff debated the density transition area buffer requirement in the subdivision and site plan ordinance. ON MOTION by Commissioner Solari, SECONDED by Commissioner Davis, the Board unanimously approved to eliminate any Land Development Regulation wording that implements the density transition area requirements of Future Land Use Element(FLUE) Policy 1.48. In conclusion,the Board announced its intention to adopt the final ordinances at the Special Call Meeting, scheduled for July 10,2012,at 5:01 p.m. 10.B. PUBLIC DISCUSSION ITEMS-NONE 10.C. PUBLIC NOTICE ITEMS 10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR JULY 10, 2012: PELICAN ISLAND A UD UBON SOCIETY'S REOUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A COMMUNITY CENTER (QUASI-JUDICIAL) County Attorney Polackwich read the notice into the record. 11. COUNTY ADMINISTRATOR MATTERS 11.A. APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DENIAL OF 12 IMPACT FEE REFUND APPLICATIONS SUBMITTED BY IMPACT FEE CONSULTANTS (QUASI-JUDICIAL) June 19,2012 13 MTACNMENT 2 208 3. PLEDGE OF ALLEGIANCE Commissioner Flescher led the Pledge of Allegiance to the Flag. 4. PUBLIC ITEMS 4.A. PUBLIC HEARINGS 4.A.1. FINAL HEARING: CONSIDERATION OF PROPOSED LDR (LAND DEVELOPMENT REGULATION)AMENDMENTS (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Planning Director Stan Boling, using a PowerPoint presentation(on file), reported that this is the second and final hearing to consider amendments to various Land Development Regulations(LDRs). He stated that several of the proposed regulations include LDR amendments that implement the adopted Evaluation and Appraisal Report(EAR) Comprehensive Plan policies; however,the LDR amendments under consideration do not include the Urban Service Boundary buffer initiative or the West Gifford initiative. He reviewed the proposed LDR amendments and pointed out that the proposed revisions would: (1) revise the previously proposed changes to the definition of hotel/motel and add a provision specifically allowing residential dwelling units to be rented out for short-term vacation stays; and(2)delete the previously proposed changes that would implement density transition area Future Land Use Element(FLUE)Policy 1.48. He also noted that the County's LDRs need to be amended to be consistent with the EAR amendments to the Comprehensive Plan, and the other proposed amendments that were initiated by staff,and the Commissioners at the Board of County Commission meeting of June 19, 2012. He thereafter summarized the points from an e-mail he received from David Risinger(on file)regarding his objections to short-term stay issues, and the responses from the County Attorney. July 10,2012 Special Call Meeting 2 209 ATTACHMENT 2 The Chairman opened the Public Hearing. THE FOLLOWING INDIVIDUALS SUPPORTED SHORT-TERM RENTAL UNITS: Glenn Powell, 12845 Bay Street, Roseland, said he was the"poster child" for short-term vacation rentals; therefore, he provided background and reiterated concerns from when he spoke at the Board of County Commission meeting of June 19,2012,regarding issues of short-term vacation rentals, individual property rights,the County Code being silent on short-term rental times and limitations, and the role of the government controlling private ownership rights. John Conway, owner of Sebastian Riverfront Resort, and Sebastian Vacation Rentals Bill Waterman,460 10th Place SW, Oakridge, licensed vacation manager THE FOLLOWING INDIVIDUALS OPPOSED SHORT-TERM RENTAL UNITS: David Hunter, resident of Central Beach,Indian River County Jim Gregg, landlord, lives in gated community Terry Potts, Board Member of Amelia Plantation Property Owners' Association Beth Casano, 1610 3`d Court, Rockridge Property Owners' Association President Randy Fryar, owner of four properties in Indian River County Susan Aiken, Floralton Beach Subdivision July 10,2012 Special Call Meeting 3 210 ATTACHMENT Commissioner Davis sought and received details on how to differentiate between legitimate and non-legitimate rental businesses. Commissioner Flescher clarified that legitimate short-term rental businesses are licensed, inspected by the County Health Department,and lodging taxes are collected when the dwellings are rented(7% for State,4% for County). Community Development Director Bob Keating affirmed for Vice Chairman O'Bryan that Code Enforcement could/would address complaints regarding bad behavior at short-term rentals. Chairman Wheeler expressed that those living in gated communities should address concerns and issues through their Property Owners' Association. He did not want to pass an ordinance that would prevent short-term vacation rentals Countywide. Director Boling, in response to Commissioner Davis, disclosed that the existing definition is unclear, and staff's interpretation of the County Ordinance is that to rent for less than 30 days constitutes a hotel/motel usage. Director Keating confirmed that the current code is enforceable, but believed it would be best to clarify,not change it. Attorney Polackwich explained why the ordinance is unclear, and why staff reached its conclusion by implication,rather than by a direct sentence in the definition stating that any structure offering a combination of rooms for rent or lease for longer than one month at a time, shall not be considered a hotel or motel. He made it clear that the definition does not expressly address the question of what happens if a property is rented for less than a month; therefore,staff interpreted the provision to mean that if a house is rented for less than one month, it is regarded as a hotel/motel. July 10,2012 Special Call Meeting 4 ATTACHMENT 2 211 Chairman Wheeler believed that most of the complaints would have occurred whether the ordinance addressed the situation or not, since those individuals are probably operating illegal rentals. He also emphasized that anytime a citizen suspects that someone is renting without a license,they need to call Code Enforcement. There being no additional speakers,the Chairman closed the Public Hearing. Commissioner Davis favored weekly rentals, observed that the individuals not doing the right thing are causing the problems,and felt that passing a regulation that would not permit short-term rentals would put the law abiding landlords out of business. Commissioner Flescher shared Commissioner Davis's sentiments. He believed that approving the amendments would make things better. He said he would rather see rental houses registered and well maintained, as opposed to those that cannot be rented and left to fall into foreclosure. He concluded that adopting the proposed ordinances would be the best option for all County citizens. Vice Chairman O'Bryan determined that most issues with short-term rentals were due to a lack of communication. He believed issues/situations could be resolved if people would be good neighbors,and more proactive. He thanked the speakers for expressing their opinions, and said that if they have any issues,to contact staff or the Commissioners to ensure the property is being rented legally. Commissioner Solari understood the perspectives of both the landlords and the residents of the neighboring properties. He believed the existing mechanisms could deal with the issues, and if the Board prevented people from renting short-term rentals, and made them annual rentals, it might be just as bad. He wanted the County to continue making people aware of the County Code, local laws,and State mechanisms;therefore he suggested staff research the State mechanisms and develop something in terms of local mechanisms that could be used and readily available to those with complaints. July 10,2012 Special Call Meeting 5 212 ATTACHMENT 2 MOTION WAS MADE by Vice Chairman O'Bryan, SECONDED by Commissioner Solari, to adopt the 18 ordinances as proposed by staff. Chairman Wheeler concurred with the other Commissioners' comments and added that many problems in the neighborhoods have not"just been brought to light,"but believed they have been going on for years, either illegally or through Code Enforcement violations. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board adopted the following ordinances: Ordinance 2012-013 concerning amendments to its Land Development Regulations (LDRs); providing for amendments to Chapter 901, Definitions, by amending definitions in alphabetical order in Section 901.03, and by providing for repeal of conflicting provisions; codification; severability; and effective date. Ordinance 2012-014, concerning amendments to its Land Development Regulations (LDRs); providing for amendments to Chapter 902, Administrative Mechanisms, by amending appeals from decisions of the Community Development Director or his designee Section 902.07; and by amending Technical Review Committee Section 902.10; and by providing for repeal of conflicting provisions;codification; severability; and effective date. July 10,2012 Special Call Meeting 6 ATTACHMENT 2 213 INDIAN RIVER COUNTY q/ COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street,Vero Beach FL 32960 11: 1;1- 772-226-1237/772-978-1806 fax \ R � www.ircgov.com December 17,2012 Arm Cotton 8617 SE Merritt Way Jupiter FL 33458 RE: Vacation Rental at 6450 Frances Manor and Indian River County Limitations on Vehicles Parked at Single Family Dwellings Dear Ms.Cotton: Recently, the state notified county staff that you obtained a state license for a vacation rental at 6450 Frances Manor within the Amelia Plantation subdivision. Staff is contacting you,and has contacted every other vacation rental state license holder in the unincorporated area of the county, to ensure that each license holder is aware of the county's limitation on vehicles parked at a single-family dwelling. Within the unincorporated area of the county, no more than (three) 3 vehicles may be parked outside of an enclosed area(garage or attached carport). A copy of the pertinent county regulations is attached for your reference. This parking limitation applies to the residence/vacation rental at 6450 Frances Manor. Staff requests that you ensure that your vacation rental clients are aware of and comply with the county's single family dwelling parking regulations. Also, staff encourages you to contact the Amelia Plantation subdivision property owners association regarding any private restrictions or policies. If you have any questions,please do not hesitate to contact me at(772)226-1235 or sboling@ircgov.com. Sincerely, / Stan Boling,o g, Planning Director Attachment: As Stated cc: Board of County Commissioners(via e-mail) Joe Baird,County Administrator(via e-mail) Alan S. Polackwich, Sr.,County Attorney(via e-mail) Robert M. Keating,AICP Roland M. DeBlois, AICP(via e-mail) Kelly Buck(via e-mail) Amelia Plantation P.O.A.(US Mail) F:\Community Dcvclopment\Users\CurDev\TMs and correspondence\vacationrentalparking\AnnCotton.doc 214 ATTACHMENT 3 901 Definition: Unenclosed storage the temporary placement of recreational vehicles, boats, trailers and similar recreational equ.':pment in an open area or accessory structure without walls. For the purposes of this section, recreational vehicles and similar equipment stored in accessory garages or attached carports shall be considered to be in enclosed areas. 912.17(2)(b) (b) Parking or storage of automobiles. A maximum of three (3) automobiles (not including recreational vehicles) may be parked in an unenclosed area on a single- family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area. The provisions of this section shall not preclude the parking of automobiles by persons visiting a single-family home. F:\Community Development\Users\CurDPv\TMs and correspondence\vacationrentalparking\AnnCotton.doc ATTACHMENT 3 215 4/23/2015 DBPR-DUDEK MITCHELL D;Doing Business As:DUDEK RENTAL,Vacation Rental-Dwelling 2:48:39 PM 4/23/2015 Licensee Details Licensee Information Name: DUDEK'MITCHELL D (Primary Name) DUDEK RENTAL (DBA Name) Main Address: 3 ROYAL PALM POINTE PHE VERO BEACH Florida 32960-3151 County: INDIAN RIVER License Mailing: 3 ROYAL PALM POINTE PHE VERO BEACH FL 32960 County: INDIAN RIVER LicenseLocation: 2400 23 ST SE VERO BEACH FL 32963 County: INDIAN RIVER License Information License Type: Vacation Rental - Dwelling Rank: Dwelling License Number: DWE4101319 Status: Current,Active Licensure Date: 04/29/2014 Expires: 04/01/2016 Special Qualifications Qualification Effective Single 04/29/2014 IndianRiver APR 04/29/2014 SINGLE UNIT 04/29/2014 Alternate Names View Related License Information View License Complaint View. 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U ti E . 7d cu p on 8 0 3 3 �3 a' _ - •in U cd > 0 U O ; H e 00 b EA 0 V) cD cd > cn C 'cn ln a� o0 76 � gz 0 3s. • C., on Q• •) ct 4+ I Q. w = Up CC N as 4-,I. 0 ,z cc `n 4t U ctSN N U U .-+ CI CI a.O c x 0:10 ccs U O G 0., N a Q. CIO �. _ CCI a) ct mac/ y vi «� 0 Fry 'p o� p .� cl c_, N rr O O `' O .8 = a) ,N •+-+ 3 0 CC v bA a) U 1-4 Td • a cC C 4: a2 g += 3 p > 0 b0 3 w U t. vUi "0 0 CZ .� w .� (1) •�... 0 cri yam,, an bA o C En p on a U v° a " ian o0 > . too cU tii. . (71 .. .. b 2o U z X ,� - i ,o " ° %� a 0 Cbal OV = V N 2cd 4, •.. r\b C • ° U cd C U O > G in O 0 C "0 0 o U .3 cO 3p � E g �V < o v) I. o U � -v " 0a c U U Q •o› , o y>, u Q. '. o o c o a •' U U �. ° a MI 6 c a in E Q oe O ° d G4 'y,1 1., E 0) C C/ AU aW A e RI C 4 `r' c Q aj La: 219 ATTACHMENT 6 4/27/2015 Indian River County,FL Code of Ordinances Section 103.07. - Code enforcement citation procedures—General. (1) These procedures are enacted pursuant to F.S. §162.21. (2) Citation authorization; application. A code enforcement officer so designated by the county is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted county code or ordinance; the county court will hear the charge. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code officer to the provisions of F.S. §§ 943.085 through 943.255. (3) Notification prior to citation issuance; procedures. (a) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty(30) days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible.i21 Notwithstanding the preceding paragraph (103.07(3)(a)), the board of county commissioners shall adopt, by resolution, a schedule of violations and penalties to be assessed by code enforcement officers, including standard notification time periods for specific types of violations, said time periods not exceeding thirty(30) days. (b) A citation issued by a code enforcement officer shall be in a form prescribed by the county and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was committed. 4. The facts constituting reasonable cause. 5. The number of the section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8. The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case,judgment may be entered against the person for an amount up to the maximum civil penalty. 11. 1/2 about:bl ank 220 ATTACHMENT 4/27/2015 Indian River County,FL Code of Ordinances A statement to read as follow: I hereby elect to waive my right to a court hearing and in lieu thereof select to have my case heard by the Indian River County Code Enforcement Board or designated special master. I understand that the decision of the code enforcement board or designated special master shall be final and binding on me. (signature). (4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court, unless the alleged violator elects to appear before the code enforcement board or designated special master in which case the citation and copy shall be deposited with the secretary of the code enforcement board. (5) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082, 775.083. (6) The provisions of this section shall not apply to the enforcement of building codes adopted pursuant to F.S. § 553.73, as they apply to construction, provided that a building permit is either not required or has been issued by the county. (7) The provisions of this section are an additional and supplemental means of enforcing county codes and ordinances; nothing contained in this section shall prohibit the county from enforcing its codes or ordinances by any other means. (Ord. No. 92-9, § 1, 4-21-92) 2/2 about:blank 221 21 ATTACHMENT 7 RESOLUTION NO. 92- 59 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A SCHEDULE OF PENALTIES FOR COUNTY CODE VIOLATIONS CITED IN ACCORDANCE WITH THE CITATION PROVISIONS OF COUNTY CODE CHAPTER 103; ESTABLISHING NOTIFICATION TIME FRAMES FOR DIFFERENT TYPES OF CODE VIOLATIONS; AND DESIGNATING CODE ENFORCEMENT OFFICERS FOR PURPOSES OF IMPLEMENTING THE CITATION PROVISIONS OF COUNTY CODE CHAPTER 103. WHEREAS, Indian River County has adopted codes and ordinances in the interest of public health, safety and welfare; and WHEREAS, enforcement of county codes and ordinances in a timely, efficient, and equitable manner is of fundamental importance in the successful implementation of such codes and ordinances; and WHEREAS, Florida Statute Chapters 162 and 489 enable local governments to adopt citation procedures relating to general code violations and unlicensed contractor violations; and WHEREAS, at their regular meeting of April 21, 1992, the Board of County Commissioners held a public hearing and adopted County Ordinance 92-09 , which establishes county citation procedures in accordance with Florida Statutes; and WHEREAS, Ordinance 92- 09 provides that the Board of County Commissioners shall adopt, by resolution, a schedule of violations and penalties to be assessed by county designated code enforcement officers in implementing the ordinance, with said schedule including notification time periods for specific types of violations; and WHEREAS, it is appropriate for the County to designate certain county personnel as code enforcement officers for purposes of implementing citation procedures; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1) DESIGNATION OF CODE ENFORCEMENT OFFICERS The following county personnel are hereby designated code enforcement officers for purposes of enforcing county codes in accordance with the citation provisions of County Code Chapter 103, for the violation categories as herein described: County Personnel Violation Category Code Enforcement Officers General Code Enforcement Environmental Planners Land Development Code Environmental Violations Building Division Inspectors Unlicensed Contractors; Building Code Violations Fire Safety Inspectors - Fire Safety Codes; Debris Burning Violations 1 ACHMENT 7 222 RESOLUTION NO. 92-59 2) SCHEDULE OF PENALTIES AND NOTIFICATION TIME FRAMES A Schedule of Penalties and Notification Time Frames, attached hereto as "Attachment A", is hereby adopted to be used in conjunction with the implementation of the citation provisions of Chapter 103 of the County Code. The resolution was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Wheeler , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. AyP Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared 1..— the resolution duly passed and adopted this 4/ day of e , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN �RIVER COUNTY, FLORIDA By 01-4a-(: Caroly(i K. Egge w hairman ttest: - Jaffrey,K. Bar Clerk 0. .e_ u\rot\cit.res Infan Hiru to AOaroved Date Admin. /.. " £/ /q!" 2 Legai !f_/S/-'IZ Budget 441- '�//jj Risk Mgr. A- 2 `�'` 223 4 ATTACHMENT "; RESOLUTION NO. 92- 59 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES (Page 1 of 2) NOTICE VIOLATION TYPE SECTION FINE TIME FRAME' Contracting Unlicensed contracting 400.01(1) $500 N/A Contractor advertisement 400.01(5) $500 N/A violation Licensed contractor or 400.01(6) $500 N/A owner-builder hiring unlicensed contractor(s) Uninsured contractor 400.05 $500 N/A violation Fraudulent license 400.07(1) $500 N/A Deliberate disregard of 400.07(6) $500 N/A county contracting ord. Other contracting vio- 489.127(F.S.) $500 N/A lations specified in 489.132(F.S.) F.S. Chapter 489 General Debris burning w/o 925 $450 N/A permit Violation of issued 925 $300 24 hrs. burn permit Boat/trailer storage 911.15(7) $50 48 hrs. Commercial veh. storage 911.15(3) $50 48 hrs. Occupancy w/o C.O. 914/401 $450 24 hrs. Building Code violation 401.06 $450 24 hrs. (w/o required permit) Industrial waste dumping 973 $450 24 hrs. Junk vehicle 911.15(4) $50 10 days Noise/vibration violation 974 $50 24 hrs. R.O.W. violations: • - Vehicle 312.06(2) $50 48 hrs. - Sign 312.06(1)(g) $100 24 hrs. - Illegal Business 312.06(1)(m) $250 24 hrs. - Obstruction 312.06(1)(c) $100 48 hrs. - Illegal (non- 312.06(1)(e) $100 48 hrs. waste) fluid dis- charge - Work without 312.06(1)(k) $250 N/A proper traffic controls - Parade without 312.06(1)(n) $250 N/A permit - Other R.O.W. 312.06 - - $100 48 hrs. violations 'The notification time frame established herein may be waived if the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. ATTACHMENT j 224 . RESOLUTION NO. 92- 59 Attachment A CITATION ORDINANCE SCHEDULE OF PENALTIES S NOTIFICATION TIME FRAMES (Page 2 of 2) NOTICE VIOLATION TYPE SECTION FINE TIME FRAME Illegal sign: 956.12 $100 24 hrs. - Banner - Snipe sign - A-frame sign - Other portable sign Stormwater violation 930 $100 48 hrs. Vehicle parking & storage 911.15(4) $50 48 hrs. Sea turtle lighting vio. 932.09 $50 24 hrs. u\r\r\violation.cit 04\23\92 ATTACHMENT 225 GENERAL CITATIONS ENFORCEMENT PROCEDURE FLOWCHART Violation Identified V Code Officer Issues Warning Requiring Compliance Respondent Respondent Complies Does Not Comply Al Citation Case Issued Closed Respondent Appeals Respondent to Court or Code Board Pays Fine County Court County Code Board Hearing Scheduled Hearing Scheduled Case Closed V V Court Issues County Code Board Verdict Upholds or Rescinds Citation V Fine Recorded as Lien Until Paid F:\Community Development\Users\ROLAND\Code Enforcement\Citation flow chart.doc ATTACHMENT '7 226 ORDINANCE 2015- FIRST DRAFT AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE- FAMILY DEVELOPMENT; BY AMENDING SECTION 901.03, ESTABLISHING THE DEFINITION FOR "VACATION RENTAL"; BY AMENDING GENERAL PROVISIONS SECTION 911.15(4), PARKING OR STORAGE OF VEHICLES; AND BY AMENDING PARKING AND STORAGE SECTION 912.17(2), PARKING OR STORAGE OF VEHICLES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS,Si(•NERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVERCO• :• LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS;'CHA :in,. 911, ZONING, AND CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, BEENDED A S', 3LLOWS: SECTION#1: • Amend LDR Section 901.03, To Establish a Definition Vacafldn"rental"; as fo 'ws: Vacation rental: any residential dwelling rented or leaseJoe than three times in a calendar year to a tenant, individual, group of ink'• als, or party f�i (.period of less than 30 days, or which is advertised or held out to the p 1'41:F 1. : dwelling WiiiiiiAnay be regularly rented or •leased for a period of less than 30 days. r: s-�- SECTION#2: ` '' , `r off.d . ; Amend LDR Generalgrgvisions ,'•ion 911.15(1 on Parking or storage of vehicles, as follows: (4) Parking �or storage o les. .' ' (a) Parkt orage • t k vebh'ci a: gunk vehicle shall be parked, and no motor vehicle ,F... e, ve c '419:ressl dy • .f �icle body part shall be stored on residentially zoned or used ' property unle ' '•syi 1 d by this chapter, except when parked or stored in a pletely enclo " garage: building, In any agricultural district, one such vehicle is :tted in the rd a yard, ompletely screened from view of neighboring homes and • propes. ' (b) Park! yr sto,,._"ge of automobiles. A Except as provided in sub-section 1. below, a maximum of ) automobiles (not including recreational vehicles) may be parked in an elesed-aret!dutside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated driveway. The limitations on the number of automobiles parked outside of a carport or garage shall not preclude the parking of automobiles by persons visiting a single family home. 1. For a vacation rental, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. For a vacation Bold Underline: Additions to Ordinance 1 Stfike-through:: Deleted Text from Existing Ordinance Q 227 F:\Community Development\CurDev\Ordinances\2015Ordinances\2015- 901,911,9maim E wrC3 ORDINANCE 2015- FIRST DRAFT rental that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated driveway and not within any required yard area. a. For a vacation rental, the number of automobiles parked outside of a carport or garage may exceed the limitations and maximum set forth above if the excess parking spaces are provided on the single-family lot, are visually screened from view from any adjacent public or private street, and are not occupied by automobiles from 10 pm to 8 am. In addition, prior to use of any excess parking spaces, the vacation rental owner shall apply for and obtain approval from the planning division of an administrative approval site plan depicting each excess parking space and demonstrating compliance with these regulations. SECTION #3: ,' Amend LDR Parking and Storage Section 912.17(2), Par re: gor storage of vehicles, as follows: (2) Parking or storage of vehicles. fJ~Nf. (a) Parking or storage of junk vehicles. No junk vehicle shall 4v`parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored-on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed=garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and properties. . • (b) Parking or storage of automobiles. A Except as provided in sub-section 1. below, a maximum of three (3)'automobiles (not including recreational vehicles) may be parked in outside of a carport or garage on a single-family zoned lot. No automobile may be parked or'.stored in any required yard area except in a designated and improved driveway::The limitations on the number of automobiles parked outside of a carport and garage;.: • • - • - •: • shall not preclude the parking of automobiles by persons visiting 41ngle-family home. 1. For a vacation rental, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. For a vacation rental dwelling that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated driveway and not within any required yard area. a. For a vacation rental, the number of automobiles parked outside of a carport or garage may exceed the limitations and maximum set forth above if the excess parking spaces are provided on the single-family lot, are visually Bold Underline: Additions to Ordinance 2 Strike-througlii Deleted Text from Existing Ordinance 228 F:\Community Development\CurDev\Ordinances\20I5Ordinances\20I5- 901,91Ammo ENT 8 ORDINANCE 2015- FIRST DRAFT screened from view from any adjacent public or private street, and are not occupied by automobiles from 10 pm to 8 am. In addition, prior to use of any excess parking spaces, the vacation rental owner shall apply for and obtain approval from the planning division of an administrative approval site plan depicting each excess parking space and demonstrating compliance with these regulations. SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be decl,a0itrby a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, `same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall/01011'fn:; l force and effect and be as valid as if such invalid portion thereof had not been incorporated; erein. ; . SECTION#5: REPEAL OF CONFLICTING ORDINAN •. *r.f.. w.. ti .ti The provisions of any other Indian River County or '' .e that ark inconsistent ora$, ;flict with the provisions of this Ordinance are repealed to the extent o .0.• inch :` .ency or conflict' SECTION#6: INCLUSION IN THE CODE OF LAWS AN I -0 INANCES • The provisions of this Ordinance shall becoi ' a ..F- ade a part o yea pde of Laws and Ordinances of Indian River County, Florida. The sectioi . 0 'vmade;?),. nance ma ':,;1'.'t renumbered or relettered to accomplish such, and the word "ordinance" r4 y be,.•*.'.a !;�y to, 'Vection", "article", or any other ,� appropriate word. , /7 • f•. SECTION#7: EFFEC ., DAT ''*:.' t• ,ft'e. t.? S Xe., This Ordinance shall take a •upo-' :1'• . with the IT'',artment of State. t4 ‘....;:e : .•• , This ordin ed in 'ress-Jo on the day of , 2015, for a public hearing ft.. e held ons ;;• • ..{of , 2015, at which time it was moved for adoptigCommissioner `'i �. •-seconded by Commissioner , and adopted by the follow> i •,;yote: A ,�... �, .; 3; . r.- Chairj n Wesley S. Davis '''.s�;,Vi e'Chairman Bob Solari '" Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bold Underline: Additions to Ordinance 3 Strike-through: Deleted Text from Existing Ordinance ^ 229 F:\Community Development\CurDev\Ordinances\2015Ordinances\2015- 901,�� 9 ORDINANCE 2015- FIRST DRAFT The Chairman there upon declared the ordinance duly passed and adopted this day of , 2015. BY: Wesley S. Davis, Chairman A... ATTEST: Jeffrey R. Smith, Clerk urt and Comptroller BY: ufyti Clerk ° � 4rA 4.r • This ordinance was filed with the Department of Stat :lithe follo ing date: 't.e:7 • I ri M1 1. APPROVED AS TO FORM AND LEGAL,SUFFICIENCYS , ✓. rid- s% . ! • fire /,•'r,.... ..4 Dylan Reingold, County Attorney ' , J''Y`.%' } rt{•F, :1 ,r, APPROVED AS TO P .4, ING . ERS r, 4 r Stan Boling,: C•m; Gm f}`ity F Jopment ll 1 ctor -.;• . !:::::„.••••' IX; V I -"Y41,.../. rY,, r r Bold Underline: Additions to Ordinance 4 Strike-through: Deleted Text from Existing Ordinance 23(] F:\Community Development\CurDev\Ordinances\2015Ordinances\20I 5- 9 s .S .a o13 Indian River County Case Report _ _____ By Al .S!es ? Detail .-ia ;r, ,-�k---------- Print _ Print Date/Time: 05/06/2015 10:21 Indian River County Sheriffs Office Login ID: sheriff\Iturner ORI Number: FLO310000 Case Number: 2014-00209357 Case Details: Case Number: 2014-00209357 Incident Type: Criminal Mischief Location: 2340 S HIGHWAY AIA Occured From: 12/27/2014 16:40 VERO BEACH,FL 32963 Occured Thru: 12/27/2014 16:40 Reported Date: 12/27/2014 16:40 Saturday Reporting Officer ID: 1161-Dilks Status: Exceptionally Status Date: 12/27/2014 Cleared Assigned Bureau: Uniform Disposition: Exceptionally Disposition Date: 01/01/2015 Cleared Case Assignments: Assigned Officer Assignment Date/Time Assignment Type Assigned By Officer Due Date/Time 1961-McClellan 12/30/2014 00:00 2 Uniform Case Agent 1022-DeAquair 01/30/2015 00:00 ria> C!"V"'C._,C3Se a AS5,i5itlVsg C163 R.Pi 1 e1 QiNfAilLii" .1/.kitIliL'_I €s}vw W...eiPtti. Total: Offenses No. Group/ORI Crime Code Statute Description Counts 1 State 999 806.13 Criminal Mischief 1 2 State 2200 810.08 Trespass 1 Page:1 of 5 ^B - I 4 ,d / . . Indian River County Case Report .. . : . Detail Print Date/Time: 05/06/2015 10:21 Indian River County Sheriffs Office Login ID: sheriff\lturner ORI Number: FL0310000 Case Number: 2014-00209357 Offense# 1 Group/ORI: State Crime Code: 999 Statute: 806.13 Counts: 1 Attempt!Commit Code: Commit Description: • Criminal Mischief Offense Date: 12/29/2014 ciii.;Code: Scene Code: Residence/Single Bias/Motivation: None Offense Status: iiiiii::.i.-.i i..;.,:.i Kii...i,Tancy Cncie: Arson Code: Domestic Ci'..,.,: Child Abuse: Gong Reltd: Aitting./Abetti : Sub-Coda: 4 of Adults: 4 o .it.ppAiiiies: IBR Seq.No: 1 Property aartrage Amt.: Aharidoned Structirr : Household Slatw•;: Domestic:Circianstance: Carjaoking: . Accosting Situation: flate Sias indicalor Premise Code: Gambling Motivated: Order of'Protection: Prior illy-Victim: Prior Inv-Offender: Anit-reproductive rights, cri; Cargo Theft: Pre('pitatirig Event: Offender Suspected of Usinq Victim Suspected of Usinq Alcohol: Unknown Alcohol: No Drugs: Unknown Drugs: No Computer: No . Computer: No ii6Davaterf oliiH.r.',m,,,:;,' ' Aggravated Asseti It Hon:it:it:4e Circurmitnrice.r.iii 41: Ciicurntances 1/2: Aguravated ASSakiiii Aggravated Ass au iti renticiele Rriiiinerics#1: Homicide Rerrizn.ks 42: flablo Homicide Jtifitifi able Homicide Cede I a,ricci.ny Type' Gircrimstances: Floliod of Entry Type.: iliiiii.thod of Eriti y: Point of Entry: 4 of Promise: Entered: Method of li.';A:TYIN: Method of Exit: Point at Exit: How i_oftScsnie: Direction of Iraysli CoUater feli t Type: c.ii<, iniiai felt iStriittat: Coudteil t'.''. Evidence Collected ginninal Activin Tools Used Security Systems Camera . . Page:2 of 6 got 14 O. eZ Indian River County Case Report Detail Print Date/Time: 05/06/2015 10:21 Indian River County Sheriffs Office Login ID: sheriff\Iturner ORI Number: FLO310000 Case Number: 2014-00209357 Offense# 2 Group!ORI: State Crime Code: 2200 Statute: 810.08 Counts: 1 Attempt/Commit Code: Commit Description: Trespass Offense Date: 12/29/2014 Scene Code: Residence/Single Bias/Motivation: None Offense ta`rti:. Occupancy Code: Unoccupied Arson Codr.: Domestic Code: No Gang Related: #of Adults: f=of ata d s'i e:: IBR Seq.No: 2 '''rallerty Damage Amt.: Abandoned.,"T�`[7 S3? _..., .. -.,,':>f Slaaus: formeatic Circumstance: Carj c'ing: <trr.osting Situation: Hate Pias Iaadlcater: Promise cede: Gambling Motivated; Order of Protebtioni Prior Inv-Victim: Prior Inv Offender: A=nit..rep.oducti'Je right*::`t ,r: Cargo Theft: :especial Circumstances: Precipitating Event.: Offender Suspected of Usinq Victim Suspected of Usinq Alcohol: Unknown Alcohol: No Drugs: Unknown Drugs: No Computer: No Computer: No a wsr<. i:-ss a =l on.vc€c1r Circumatancew 41: Cireureatsncee#2: J-:,C.pravated Assa tlti Aa ye 1 vat .l Assault,'" it :iornibide ReaiICrK5 f/ Hoinicidie i-faraai w P2: justifiable Homicide: ,3t..=tifiebly Homicide Code ;`r Gii.c.tunstarroes • ftstly ad of Entry'Type: Method of Entry: Not Applicable point of Entry: 4 of Premises Er terad Method of Exit"1:1:pe: Method of Exit: Point of Exit: How Left:7cerro: Direction of Travel: Go rrterfat Type: Cotarat..ifeltStatue: y Evidence Collected Criminal Activity Tools Used Security Systems Not Identifiable Camera Subjects Type No. Name Address Phone Race Sex DOB/Age Victim 1 Conway,Miles 2340 SOUTH A1A HWY (772)532-1882 White Male Vero Beach,FL 32963 Witness 1 Kramer,Sharon 3 ROYAL PALM PT (772)567-3869 White Female 11/29/1939 VERO BEACH,FL 32960 75 Page:3 of 5 • 4 Indian River County Case Report Detail Print Date/Time: 05/06/2015 10:21 Indian River County Sheriffs Office Login ID: sheriff\Iturner ORI Number: FLO310000 Case Number: 2014-00209357 Subject# 1-Victim Primary: No Victim Type: Individual Name: Conway,Miles Race: White Sex: Male Address: 2340 SOUTH A1A HWY Weigii?: Vero Beach FL 32963 Eyx Ifrair: Primary Phone: (772)532-1882 A 6SS,d: D VL/: 4 a State: Re'itlent Status: Statement Typal D••:.,te; Custody St-e.k. : Tr::,>peFrted .3y: Extent of)fury: Itospit;l: Domest€c Violenc:: Liom ,,•tic 171oIence I aferr l;s: i a i,r z l AgentA.:m. Ccnd itk n: i4iedic al'Treatme rt: Subject# 1-Witness Primary: No Name: Kramer,Sharon Race: White Sex: Female DOB: 11/29/1939 Address: 3 ROYAL PALM PT Height: 5ft 4 in VERO BEACH FL 32960 Age: 75 Primary Phone: (772)567-3869 State: Resident Type: Indian River County Resident Status: Resident Statement Type: Verbal �a 'f z5 Status; Related Offenses Group/ORI Crime Code Statute Description State 2200 810.08 Trespass State 999 806.13 Criminal Mischief ft.x ted Victim/O`%endnr 'Ive,q5pQrIed Sy: E,,Y.nnt T)f tafu y: Dom slie Tole r.S?: Oorne'si.k:Wleoice.,$$i;`z`t.nal..: . .. . ..... Cordis€co: Msd€cal'1 tnisni: 'TfC rr aa7ds4: Arrests Arrest No. Name Address Date/Time Type Age Page:4 of 5 Indian River County Case Report Detail Print Date/Time: 05/06/2015 10:21 Indian River County Sheriffs Office Login ID: sheriff\Iturner ORI Number: FLO310000 Case Number: 2014-00209357 Property Date Code Type Make Model Description Tag No. Item No. 12/29/2014 2 Evidence/Seized Bag MD1 -one bag 2014- 1 00209357 Seq# 1 Tag Number: 2014-00209357 Item Number: 1 Property Codes: Property Type: Bag Property Class: Date Received: 12/29/2014 2 Evidence/Seized LiCR V<aiva a: Initial Value: S1}cien Location: Quantity: 1.000 Unit of Measure: Ea Measurement Source: Count Description: MD1-one bag Officer Remarks Model; style: Style De:;c: 'fear OM Serial tt: Color; Condi-dori: Ileg.Type: Reg.OM: Reg.Number S.q •J'{ t,e. ..eg.Yea€. Rag.Date: Reg Expiration: Recovery Information A Date: Code: Value: 13:17; ORI; Recovered Address: Associated Subjects Name Address Phofie Notified How Dale Overicf € v once Company: Policy i€d i :;.,,> Lein s i.:i,:-:'4 Victim Conway,Miles 2340 SOUTH A1A HWY (772)532-1882 Vero Beach FL 32963 Chain of Custody Date Transaction From From Role To To Role 12/29/2014 08:23 Type: Intake 1161-Michael Dilks 0374-Thomas Ammirato Code: Initial Remarks: Vehicles No. Role Vehicle Type Year Make Model Color License Plate State Page:5 of 5 00 - s • supp_01 OfficerlD: SHERIFF\fmcclell, Narrative INDIAN RIVER COUNTY SHERIFF'S OFFICE Bravo 3 Squad Supplemental Report Case Number 2014-209357 February 12th,2015 Deputy McClellan#1961 On December 25th,2014 at approximately 1700 hours I was assigned a case in reference to a criminal mischief. Preliminary Briefing I made contact with the victim in the case,identified as Miles Conway.The victim told me that he has two security cameras on the north side of his property.The victim further specified that the cameras sit above a six(6)foot chain fence which is clearly marked with signs stating"No Trespassing" and"Violators will be prosecuted".The signs also state"This Property is protected by video surveillance".Camera 1 is on the northwestern portion of the fence line facing north east.Camera 2 is on the northwest side of the fence approximately 7 feet away and faced northwest.The two camera views are able to capture one another. The victim stated he has been having continuous problems with his neighbors to the north of his property.The victim stated there have been several incidents which were deemed civil in nature in the past. The victim advised in this incident that on December 24th,2014 his surveillance cameras captured a male,the suspect,approach camera 1 and forced it to face further east and altered its designed viewing angle.The victim stated by forcing the camera to turn in a direction other than designed the base of the camera was permanently broken. The victim went on to tell me that after the suspect turned the camera he appeared to return to the camera a short time later and aim the camera towards the original viewpoint.This occurred at approximately 1242 hours and 1251 hours on December 24th,2014. At approximately 2122 hours it appeared to the victim that the same subject returned to the camera location and covered the camera with an object. The victim told me that upon his own investigation the camera had been covered by a plastic type bag.The victim stated he collected the bag in an effort to identify a suspect. Preliminary Briefing Continued After receiving this information from the victim I determined that my investigative actions were as follows: ? Review all camera footage and attempt to view the crime being committed. ? Document the damage done to the camera by the suspect. ? Attempt to process the camera and bag for latent fingerprints. ? Identify the suspect and any vehicles that may have been used. ? Determine if any arrests could or should be made. Initial Contact After the victim gave me his account of the event he sent me still shots of the camera views and recordings.All of the communication was in e-mail form and I reviewed all of the camera footage from both cameras.The victim admitted to me that he has been having ongoing civil disputes with his neighbor and was concerned in regards to the escalation into trespassing and criminal mischief.The victim stated the following complaint within his communication: "These images recorded three separate instances of a penetrator either transient renting,visiting or a family member from the adjacent north property located at 2400 23str{sic}SE reaching across/over the top of the 6 foot chain link fence adjacent to the northwest boundary of my property and interfering and vandalising{sic}the CCTV camera clearly sign posted and mounted on a 6 foot post two feet inside my property.The locations of the camera and geography are shown in the photos below which are taken from the north looking south with SRA1A to the right or west.The camera circled in red is CAMERA 1 and is pointed down the fence line to the east and towards CAMERA 2 which is approximately 70 feet to the west and shown in the second row photo.Camera 1 'guards' Camera 2 and vice versa. In addition to vandalism the perpetrator is also trespassing as he is standing on my property to the west where the property cadastral,boundary is four feet further to the west of the fence.A blanket trespass case(2014-100761)was issued for my property and that of my northern neighbours {sic}(Drs.Gillman and Forman)by Deputy Voegtlin on June 13,2014 due to previous incidents of trespassing on Drs.Gillman and Forman's properties. The attached files Cam 1-12-41pm and Cam2-12-42pm record events that X30.4 occurred from 12:41pm to 12:52pm on December 24 in which a black vehicle drove up to and parked into the driveway of 2400 23Str SE and one of the occupants exited the vehicle,walked to the Camera 1 fence line and interfered and damaged the camera at 12:42:39pm shown on images 22 to 80 in the file.He then attempted to'cover his tracks'by returning with two garbage bins that were on AlA attempting to convey the image his activity was innocent and benign.The images clearly shown on his'outbound trip'he vandalized the camera and on his'return trip'he portrays an'innocent' garbage bin retrieval. The images are saved in the file in chronological order and by hitting the down arrow or advance key the 84 images in the file can be'played'like a comic book video.In fact if you line both files side by side as shown below you can'play'both the easterly facing(Caml)view and the westerly(Cam2)view at approximately the same time by matching the second counts. The perpetrator later realizing he vandalized the camera in a due north position then returned from 2400 23Str SE at 12:51pm and forced Camera 1 back into the approximate same position it was before he vandalized it at 12:42pm.This is shown on images 81 to 84 in the Cam 1 file. In each file the alleged perpetrator,is circled in red showing his progressive movements and features and also circled in red is the mother of the owner of the property seen leaving in the black vehicle that can easily identify the alleged perpetrator.The mother of the owner is named Sharon Kramer and her number is 567-3869.In addition due to the amount of force required to grind the positioning gears of the camera out of position, finger prints of the perpetrator can be'lifted'off the camera itself but due to the clear identity images shown this individual can be clearly identified." Investigative Actions I reviewed all of the camera footage provided by the victim and I observed a white male in the video who appears to be between the age of 45 and 55 years old.The first portion of the video begins with Camera 1 on December 24th,2014 at 12:41:09PM.In the video as the images progress through the time coded sequence it is clear that the camera view was altered at 12:42:42PM.The video shows the above described male pulling two trash bins from the west to the east at 12:43:49PM.The video proceeds to show the male walk up to the residence directly to the north of the victim's home.The male speaks to a female in the residence's driveway.The female appears to be an older white female who gets into a dark colored SUV which appears to be a late model Buick Enclave.The SUV begins to back out of the residence's driveway at 12:44:09PM; the vehicle then drives west towards AlA.The camera view again changes and appears to be restored to its original view at 12:51:30PM. Upon further review I followed the time coded sequence of Camera 2 which is the eastern-most camera and facing camera 1.The camera shows the SUV enter the driveway and the previously described white male exit the SUV,this occurs at 12:40:18PM.The camera shows the male walk to the corner of the property where Camera 1 is located.At 12:42:28,the time where Camera 1 is altered the male is clearly seen at the location of Camera 1.The male then leaves the camera view and returns with the trash cans at 12:43:29. At 12:51:09PM the male reappears in the camera view and approaches Camera 1 a second time.At 12:51:25 the male arrives in the area of Camera 1 and leaves the view of Camera 2.It's during this time that Camera 1 is restored to its approximate original camera angle. Finally Camera 1 is covered by some object and its view is obstructed at 9:22:54PM but there is no image of what subject did this and there is no footage of the previously described male.However,on Camera 2 an unidentifiable subject walks from the residence to the location of Camera 1. Investigative Actions Continued The video is unclear who the subject is or if it is male or female.Based on the times from both cameras it is clear that the subject is the one who obstructed the view of the camera. I accessed both of the properties' information through the Indian River County Property Appraiser's website.I verified that the victim's property line was in fact along his fence line;therefore the suspect would have had to trespass onto the victim's property to access the camera.While conducting the search through the property appraiser's website I identified the owner of the suspect property as Dudek,Mitchell.I was able to use the DAVID service in order to get an image of Mr.Dudek and verified that he was not the subject in the video who broke the camera.I also was able to identify from DAVID that Mr.Dudek also had a listed address of 3 Royal Palm Point,PE. On January 1st,2015 at approximately 1630 hours I drove to the suspect residence,which was identified as 2400 23rd St.SE.Upon arrival I made contact with Mr.Dudek.I explained to Mr.Dudek that I was conducting a criminal investigation into a Criminal Mischief complaint and I explained I had video of a subject from his residence that had damaged the victim's camera.I also explained the vehicle which was associated with the incident.Mr.Dudek was not willing to supply me with any possible suspect information and when I asked if he knew anyone who drove the dark colored Buick SUV he stated his mother drove a vehicle that matched that description and when I asked who she would've had in her car with her he stated"a lot of people". I then asked Mr.Dudek where his mother lived and he stated she lived at the 3 Royal Palm Point address. After leaving Mr.Dudek I made contact with his mother,Sharon Kramer,at her residence,3 Royal Palm Point.Mrs.Kramer and I discussed the case and she was cooperative with the investigation and with the information being relayed to her.Mrs.Kramer was hesitant to identify the subject who got into and out of her vehicle.I spoke about the subject and described him as approximately 70 years of age.Mrs.Kramer laughed and stated the suspect was not 70 and was nowhere near that age.This verified that Mrs.Kramer knew who the suspect was.Mrs.Kramer further stated,during the duration of our conversation,that she has multiple sons that live in various locations throughout the country.I later referred to the suspect as her son,which she immediately corrected me and stated she never told me it was her son.I conceded that she didn't tell me,however I believed he was the suspect. The victim supplied an emailed quote for repairs of the camera.The price of the camera quote was$798.00 for the camera and equipment.The victim further advised me that he had moved the mounting pole for the camera and that the camera only needed to be replaced,therefore the labor had already been completed.The victim removed the camera from its mount and delivered it to the Indian River County Crime Scene Unit in order to be processed for latent prints in order to identify the suspect.No latent prints of value were located after being processed by Detective Rodriguez. I spoke to the victim in reference to possible restitution for the camera as a solution to the case.I further advised him that by accepting funds as restitution for the damaged equipment the criminal case would be unable to move forward.The victim stated he would accept funds to repair the damaged camera as long as it did not affect his civil lawsuit that he currently has pending with the suspect's family.I advised the victim that my only involvement in this case is to handle the criminal allegations and investigation.I did advise the victim that I would speak to Mrs.Kramer in reference to the possibility of paying restitution on behalf of the unidentified suspect. After speaking to the victim in regards to a settlement payment for restitution I spoke to Mrs.Kramer.Mrs.Kramer agreed to pay the money to the victim in order to stop the criminal investigation and possible pending charges for the unidentified suspect. Investigative Conclusion As a result of my investigation I concluded that a trespass had occurred as well as a crime of criminal mischief.The suspect trespassed onto the victim's property in order to reach the camera.The camera was broken according to the victim and the camera was replaced by the security company,at the request of the victim.The victim's damages were reportedly$798.00 and these damages were in order to replace the camera. I was unable to positively identify the suspect depicted in the video and the video still shots.Mrs.Kramer,however,took responsibility for resolving the problem and assisted with finding a solution for the incident. Evidence Collection and Preservation During the course of my investigation I received numerous photos of the incident and video still shots. Also the victim took the camera as well as the previously mentioned plastic bag to Crime Scene in order to be processed for latent finger prints.Detective Rodriguez processed the items and they were later returned to the victim. Case Conclusion This case was concluded by the victim,who signed a declination of intent to prosecute.The victim agreed to accept a check,in the amount of$798.00,from Mrs.Kramer as a payment in full for restitution.The restitution's intent was to replace the damaged camera. The victim stated that he still has an ongoing and open civil lawsuit and the restitution was not intended to affect his civil suit. This case is EXCEPTIONALLY CLEARED with the signing of a declaration of intent and the victim's agreement to receive civil, monetary restitution for the crime. Case Report, Officer: SHERIFF\mdilks, Supervisor: SHERIFF\rgarri INDIAN RIVER COUNTY SHERIFF'S OFFICE CASE REPORT CASEC 2014-00209357 4055 41st Avenue Vera Beach,FL 32960 REPORTED DATE/TIME OCCURRED INCIDENT TYPE I- 12/27/2014 16:40 Criminal Mischief 111 OCCURRED FROM DATE/TIME OCCURRED THRU DATE/TIME LOCATION OF OCCURRENCE 2340 S HIGHWAY A1A,VERO BEACH FL,32963 to 12/27/2014 16:40 12/27/2014 16:40 VERO BEACH,FL Indian River STATUTE/DESCRIPTION COUNTS ATTEMPT/COMMIT Cr) W Cr) W U- U- 0 JACKET/SUBJECT TYPE NAME(LAST,FIRST,MIDDLE SUFFIX) Adult Victim Conway, Miles DOB AGE or AGE RANGE ADDRESS(STREET,CITY,STATE,ZIP) C.) 2340 South A1A HWY Vero Beach, FL 32963- ▪ RACE SEX HEIGHT or RANGE WEIGHT or RANGE HAIR EYE White Male DL NUMBER/STATE PRIMARY PHONE Cell Phone 1 PHONE#2 PHONE#3 (772)532-1882 JACKET/SUBJECT TYPE NAME(LAST,FIRST,MIDDLE SUFFIX) F„ DOB AGE or AGE RANGE ADDRESS(STREET,CITY,STATE,ZIP) V W m RACE SEX HEIGHT or RANGE WEIGHT or RANGE HAIR EYE 7 N DL NUMBER/STATE PRIMARY PHONE PHONE 02 PHONE 03 JACKET/SUBJECT TYPE NAME(LAST,FIRST,MIDDLE SUFFIX) l„- DOB AGE or AGE RANGE ADDRESS(STREET,CITY,STATE,ZR) U W (Q RACE SEX HEIGHT or RANGE WEIGHT or RANGE HAIR EYE N DL NUMBER/STATE PRIMARY PHONE PHONE#2 PHONE#3 REPORT9JG OFFICER DATE REVIEWED BY Dilks, Michael, , 12/27/2014 SHERIFF\rgarrisolGarrison, RonaldIl2/28/2014100:55 1 0F2 Case Report 2014-00209357 Page 1 OP 2 x,30. 9 INDIAN RIVER COUNTY SHERIFF'S OFFICE CASE REPORT CASE* 2014-00209357 4055 41st Avenue Vero Beach,FL 32960 NARRATIVE On 12-27-2014 I responded to a passed criminal mischief at 2340 South A1A Hwy. I made contact with Miles Conway who was the victim of the criminal mischief. I collected a plastic bag that the victim had collected as part of the case. The bag was placed into evidence at the IRCSO. Deputy McClellan will conduct the rest of the investigation. End of report. REPORTING OFFICER DATE REVIEWED BY Dilks, Michael, , 12/27/2014 SHERIFF\rgarrisolGarrison, RonaldI12/28/2014100:55 2 OF2 Case Report 2014-00209357 Page 2 OF 2 OfficerlD: SHERIFF\mdilks, Narrative On 12-27-2014 I responded to a passed criminal mischief at 2340 South AlA Hwy. I made contact with Miles Conway who was the victim of the criminal mischief. I collected a plastic bag that the victim had collected as part of the case. The bag was placed into evidence at the IRCSO. Deputy McClellan will conduct the rest of the investigation. End of report. 02.10 -/l Incident Report, Officer: sheriff\cmartine, Supervisor: sheriff\ INDIAN RIVER COUNTY SHERIFF'S OFFICE INCIDENT# 2014-00100761 INCIDENT SUPPLEMENT REPORT 4055 41st Avenue Vero Beach,FL 32960 INCIDENT TYPE INCIDENT DATE/TIME DISPATCH DATE/TIME ARRIVED DATE/TIME f- Trespass Warning 06/13/2014 12:10 la• LOCATION • 4055 41st AVENUE Vero Beach , FL 32960- SUBJECT ROLE NAME(LAST,FIRST,MIDDLE SUFFIX) Complainant Gillman ,Thomas DOB AGE ADDRESS(STREET,CITY,STATE,ZIP) w 09/16/1942 71 2355 23nd STREET SE Vero Beach, FL 32960- m RACE SEX HEIGHT or RANGE WEIGHT or RANGE HAIR EYE w White Male BRO BRO DL NUMBER/STATE PRIMARY PHONE Cell Phone 1 EMAIL G455-835-42-336-0/FL (407)256-3205 SUBJECT ROLE NAME(LAST,FIRST,MIDDLE SUFFIX) Complainant Forman,Walter I— DOB AGE ADDRESS(STREET,CITY,STATE,ZIP) u w 08/03/1945 68 2440 23 STREET SE Vero Beach, FL 32960- La RACE SEX HEIGHT or RANGE WEIGHT or RANGE HAIR EYE y White Male BRO BRO DL NUMBER/STATE PRIMARY PHONE Cell Phone 1 EMAIL F655-908-45-283-0/FL (561)236-5100 INCIDENT-SUPPLEMENTAL NARRATIVE On Friday June 13,2014,Mr.Conway,Mr. Gillman,and Mr. Forman arrived at the Indian River County Sheriff's Office in reference to a meeting with Sgt. Flowers and Sgt. Raulen. During the meeting the three gentlemen expressed concerns about trespassing issues that they were having on their properties. The trespass issues are occurring due to a fourth house that was built in front of the three of theirs.The fourth home is a rental home,daily,weekly or monthly,so it brings a lot of traffic in and out of their neighborhood. Due to their properties having access to the beach,the tenants from the fourth house keep walking and damaging their properties. So,due do the amount of trespasser's,Blanket Trespasses have been issued for all three properties,2355 SE 23nd Street Vero Beach FI,32963,2440 SE 23nd Street Vero Beach FI,32963,and 2340 South A1A Vero Beach FI,32963. This case is for informational purposes only. ADDITIONAL SUBJECTS, VEHICLES AND PROPERTY MAYBE PRINTED ON FOLLOWING PAGES REPORTING OFFICER DATE REVIEWED BY Cynthia Voegtlin Hadden 06/13/2014 1 OF Incident Report 2014-00100761 Page 1 OF 3 INDIAN RIVER COUNTY SHERIFF'S OFFICE INCIDENT SUPPLEMENT REPORT INCDENT0 2014-00100761 4055 41st Avenue Vero Beach,FL. 32960 INCIDENT-SUPPLEMENTAL NARRATIVE(continuation) No further actions taken by this deputy. • REPORTING OFFICER DATE REVIEVED BD Cynthia Voegtlin Hadden 06/13/2014 20F3 Incident Report 2014-00100761 Page 2 OF 3 From: ekokennedy©comcast.net Sent: Monday,August 26,2013 11:14 AM To: Fletcher.Craig Subject: Short term transient rentals Mr. Fletcher, I am writing to you to urge you to appeal the Code Enforcement Board's 3-2 ruling ending the city's ban on short term rentals. I came down to Vero to take care of my father with Alzheimer's Disease and rented a home in Central Beach. I was told by the realtor that 30 day rentals were not allowed and the realtor suggested that we do a 3 month rental. I complied. I loved it here so much that I bought a home on Ocean Drive. Central Beach is a community of people that live here,work here and attend school. We are a close knit community and we have a pride in our community. We have noted an increase in short term rentals in our area the past 2 years. We noted a family on Fiddlewood renting out weekly this past spring break. We had large groups(5-8)college age kids rent out the home. They placed a ping pong table in the driveway and played drinking games during the day,every day we awoke to broken beer bottles on Fiddlewood, along Ocean Drive and broken bottles in my driveway. The trash would be piled up high with empty beer bottles and dozens of empty 24 pack containers.The police were called in. We had another person rent out a home behind us on a weekly basis. The noise and partying carried on late into the night. We live in a community where the lot sizes are very small thus making the noise unbearable. I can hear people talking even if I am inside my own home. My husband works out of the home full time and the noise is distracting and keeps us up at night. We have noted several vehicles arrive to the homes rented out on a weekly basis. There are multi-families coming in and renting and it is not unusual to see 3 different families arrive to rent out one residence. Luckily most of my neighbors live here full time and we are very respectful of each other's privacy and keep noise down to a minimum. I want it to stay that way! So I urge you to think about a few things...and most of all how would you like it if your neighbor rented out their home on a weekly basis. Would you put up with the partying and noise? Would it change your thinking and views of our peaceful town? And would it devalue your property? Please appeal the ruling! Sincerely, , 0 �4��� �, Erin and Doug Kennedy a�J �� to S �54 N 3635 Ocean Drive,Vero Beach c,) o`��ZHZ LZ917' : 1 t®-ly From: Paul and Jeanne[pjrodtiff@gmail.comj Sent: Monday,August 26,2013 11:35 AM To: Turner,Pilar,Fletcher,Craig Subject: Rental Controls Dear Ms. Pillar & Mr. Fletcher We own a home at 3665 Ocean Dr. and urge you to support the appeal of the recent decision to throw out current controls on short term rentals. Nothing will change the character, and appeal, of Vero Beach more quickly than to turn the central beach area into a hodgepodge of short term rental properties. Not to mention the negative impact this would have on property values and those hotel businesses and condo associations that are vigilant about protecting the character of our wonderful town. This is a lightning rod issue that will be followed closely by the voters. • Sincerely, Jeanne & Paul Rodliff Sent from my iPhone 1 V..t*Mn From: ekokennedy©comcast.net Sent Monday,August 28,2013 11:12 AM To: Turner,Pilar Subject Short term transient rentals Pilar Turner, I am writing to you to urge you to appeal the Code Enforcement Board's 3-2 ruling ending the city's ban on short term rentals. I came down to Vero to take care of my father with Alzheimer's Disease and rented a home in Central Beach. I was told by the realtor that 30 day rentals were not allowed and the realtor suggested that we do a 3 month rental. I complied. I loved it here so much that I bought a home on Ocean Drive. Central Beach is a community of people that live here, work here and attend school. We are a close knit community and we have a pride in our community. We have noted an increase in short term rentals in our area the past 2 years. We noted a family on Fiddlewood renting out weekly this past spring break. We had large groups (5-8)college age kids rent out the home. They placed a ping pong table in the driveway and played drinking games during the day, every day we awoke to broken beer bottles on Fiddlewood, along Ocean Drive and broken bottles in my driveway. The trash would be piled up high with empty beer bottles and dozens of empty 24 pack containers. The police were called in. We had another person rent out a home behind us on a weekly basis. The noise and partying carried on late into the night. We live in a community where the lot sizes are very small thus making the noise unbearable. I can hear people talking even if I am inside my own home. My husband works out of the home full time and the noise is distracting and keeps us up at night. We have noted several vehicles arrive to the homes rented out on a weekly basis. There are multi-families coming in and renting and it is not unusual to see 3 different families arrive to rent out one residence. Luckily most of my neighbors live here full time and we are very respectful of each other's privacy and keep noise down to a minimum. I want it to stay that way! So I urge you to think about a few things...and most of all how would you like it if your neighbor rented out their home on a weekly basis. Would you put up with the partying and noise? Would it change your thinking and views of our peaceful town? And would it devalue your property? Please appeal the ruling! Sincerely, Erin and Doug Kennedy 3635 Ocean Drive,Vero Beach � � 1 . 1G VDCIL Tan, From: martinsinyero@comcastnet Sent: Monday,August 26,201310:37 AM To: Fletcher,Craig;Turner,Pilar Cc: cathyferrell@me.com;Mariesadstudio@comcast.net;kippes2@aol.com Subject: Appeal of Code Enforcement Board Vote on Short Term Rentals Good Morning, I am a Full time homeowner and resident in Ambersand Beach. We have had ongoing problems with owners that are choosing to rent their homes out short term which has had a negative effect on our quiet North Beach community. We have a revolving door of vacationers who leave bagged garbage on the side of the road and have made our raccoon population extremely happy. The ripped open bags sometimes lay strewn across lawns for several days before they are taken away. Several evenings the Sherriff's had to be called because of unlawful fireworks being set off by college boys between 2 and 7AM. I have had people walking their dogs on my river property, leaving a mess and not cleaning it up. Another serious problem is that when the renters leave, their local friends still come back and trespass on the docks. When they have been asked to leave, they are uncooperative and some have been hostile. I have had kayaks stolen. It has recently come to my attention that some of these homeowners are homesteaded. They have been reported. When we moved to Vero Beach 15 years ago, we did so because we were drawn to the quiet beauty of this town. If we wanted to be surrounded by "Spring Break" we would have chosen Fort Lauderdale. My husband and I along with many of our neighbors are deeply concerned with the negative impact that this is already causing in our beautiful Ambersand neighborhood. We are confident that you can understand our concern and will help us keep our neighborhood from going downhill and becoming an undesirable place to live. Please vote to appeal this decision by Code Enforcement to allow short term rentals. Thank you for your consideration in this matter. Cheryl Martin 12680 Hwy A1A 1 7 4/•// From: sherrie davidson jsherdedavidsongyahoo.comj Sent , 'Sunday,August 25,2013 8:23 PM To: turner,Pilar Cc: Randy Fryar Subject: • Short Term Rentals Hi Pilar, I know you from the dog park and live on Seagrape Lane. I am strongly against short term rentals. Tracey Carroll, across the street, had extended families (6 cars) renting for a week two years ago and the next week there were 4 pickup trucks in front of her house. And then, there was a business conference where people came and left for a few days (large turnover). Would you want that across the street from you or next door? Do we have to move to a gated community where there are restrictions? Don and I had a condo at JI and chose to buy a house in the Riomar area. I can't believe that it is legal or would be. Because of the economy and some residents only live in Vero part of the year, it could open a flood gate of problems. Our neighborhood is not zoned commercial. We chose it because we liked the intimacy and the beauty of old Florida.I hope you will vote against the ordinance. I will be returning to the Dog Park in October. I lost Oliver (my last portugese water dog ) in January. In May I purchased a Havanese puppy. I will be on the other side of the fence this year! Best to Al and see you in the Fall of v02-_,-___ 1 From: GAIL FLINN[vbcourtreporters@yahoo.com] Sent: Sunday,August 25,2013 7:15 PM To: Fletcher,Craig Subject: Short-term rentals Hi,Mr.Fletcher, Please don't allow short-term rentals in Vero Beach. You do a great job. . .thank you! Gail VERO BEACH COURT REPORTERS & VIDEO 3111 Cardinal Dr. Suite B Vero Beach,FL 32963 email: vbcourtreporters@yahoo.com website: verobeachcourtreporters.com Phone: 772-231-2231 Court Reporters- Videographers- Conference Rooms WiFi, Videoconference Depositions, PDF, Etran, Videotaping • 1 • / 9 C-r.—, From: GAIL FLINN[vbcourtreporters@yahoo.comj Sent Sunday,August 25,2013 7:13 PM To: Turner,Filer Subject MI,Pllar. Hi,Pilar, I voted for you- and I really think you're the best council member. Please don't allow short-term rentals in our beautiful safe city. Thank you so much. Gail VERO BEACH COURT REPORTERS &VIDEO 3111 Cardinal Dr. Suite B Vero Beach,FL 32963 email: vbcourtreporters@yahoo.com website: verobeachcourtreporters.com Phone: 772-231-2231 Court Reporters- Videographers- Conference Rooms WiFi, Videoconference Depositions, PDF, Etran, Videotaping • 1 t O30•�,O From: Michael Yorio[mIkebettyy@bellsouth.netJ Sent: , Sunday,August 25,2013 6:57 PM To: Turner,Pilar Please support the appeal of the Code Enfor. Bds. action to the Circuit Court. Thank you, Dr. Michael Yorio 28 Seagull Ave. Vero Beach i From: Michael Todo[mIkebettyylabellsouth.ne[] Sent: Sunday.August25.2013 6 53 PM To: • Fletcher,Craig Please support the appeal of the Code Enfor. Bds. action to the Circuit Court. Thank you Dr. Michael Yorio 28 Seagull Ave, Vero Beach 1 vocsram From: Susan Seidler[thalassa2ebellsouth.net] Sent: , Sunday,August 25,2013 5:30 PM To: Turner,Pilar Subject: Short term rentals. The citizens of this town do not want short term rentals in residential neighborhoods. As our representative, please do not allow this to happen. Susan Seidler 1825 21st Avenue Vero Beach, FL, 32960 Sent from my iPad "always carry a flagon of whiskey in case of snakebite and furthermore always carry a small snake" w.c.fields a1..-oty From: Susan Seidler[thalasse2@bellsouth.netj Sent: Sunday,August 25,2013 5:28 PM To: ' Fletcher,Craig Subject: Short term rentals Don't even think about all owing short term rentals in residential neighborhoods if you want citizens of this city to have any respect left for you. We do not want short term rentals. Susan Seidler 1825 21st Ave Vero Beach, FL, 32960 Sent from my iPad "always carry a flagon of whiskey in case of snakebite and furthermore always carry a small snake" w.c.fields • i ' From: ressegerj@gmail.com Sent: Sunday,August 25,2013 5:15 PM To: ' Turner,Pilar Subject: Appeal of Code Enforcement Board's Vote Dear Council Member Turner, We're writing to ask you to vote to appeal the recent vote by the Code Enforcement Board concerning short term rentals. We firmly believe that if short term rentals are permitted they would be the ruin of our neighborhood. Most of the lots on our street are small and the houses are close to one another. Neighbors respect each other and we feel lucky to have a "residential feel"to our neighborhood. Thanks for your consideration, John and Debbie Resseger 665 Dahlia Lane Sent from Windows Mail • 1 AA- vzk nm.v From: ressegerj@gmail.com Sent: Sunday,August 25.2013 5:08 PM To: Fletcher,Craig Subject: Appeal of Code Enforcement Boards Vote Dear Councilman Fletcher, We're writing to ask you to vote to appeal the recent vote by the Code Enforcement Board concerning short term rentals. We firmly believe that if short term rentals are permitted they would be the ruin of our neighborhood. Most of the lots on our street are small and the houses are close to one another. Neighbors respect each other and we feel lucky to have a "residential feel" to our neighborhood. Thanks for your consideration. John and Debbie Resseger 665 Dahlia Lane Sent from Windows Mail yeas um From: Helen Tippet jtippet295@eol.com] Sent: Sunday,August 25,2013 2:38 PM To: Turner,Pilar Subject: Rentals I strongly hope the board will not approve of any short term rentals Sent from my iPad Y { 1 From: hrbynnha)hrblynnha@comcest.net) Sent: , Sunday,August 25,2013 1:22 PM To: Turner,Pilar Please vote to appeal the CEB rental decision to the circuit court.Thank you. Henry Blynn 1971 Club Drive Riomar 32963 1 -02 v«R r+^w From: hrblynnha(hrblynnha©comcast.net1 Sent: . Sunday,August 25,2013 1:17 PM To: Fletcher,Craig Please appeal the CEB ruling to the circuit court.Thank you Henry Blynn 1971 Club Drive 32963 1 vak*•mmm From: cmohr(cmohr@bellsoulh.netj Sent: , Sunday,August 25,2013 11:34 AM To: Fletcher,Craig:Turner,Pilar Subject: rental In VB Please be advised that I am against short term rentals in Vero Beach. Please keep short rental visits in the hands of the tourist trade, and leave residential neighborhoods as residential neighborhoods. Thanks • g v-r.n.e From: Molly Harrls[mollymicky©aol.com] Sent Sunday,August25,201310:58 AM To: Fletcher,Craig Subject: Please slick to the laws of restrictlonst!1 Sent from my iPhone 1 From: Molly Harris(mollymicky@eol.com) Sent: Sunday,August 25,2013 10:57 AM To: Turner,Pilar Subject: Please keep within the laws of restrictions!!i Sent from my iPhone 1 djet, 3.3 From: gecherliielfgearthlink.net Sent: , Sunday,August 25.2013 9:48 AM To: Turner,Pilar Subject: Circuit Court Appeal We urge you to approve an appeal of the Code Enforcement Board's August 14th action to the Circuit Court Charles and Susan Sheehan 1 From: gecharfie@earthlink.net Sent: Sunday,August 25,2013 9:45 AM To: Fletcher,Craig Subject Appeal to Circuit We urge you to approve an appeal of the Code Enforcement Board's August 14th action to the Circuit Court Charles and Susan Sheehan Sent from my iPad • • 1 as/. 3 s From y Warren Winchster[warcher73Wbellsouth.net] Sent: Sunday,August 25,2013 9:25 AM To: • Fletcher,Craig Subject: Short term rentals I can't help but think that the Code Enforcement Board acted in a"good of boy" manner. If they can't understand what a shoirt term is,then they should be replaced, If you can kick Heady out for saying a common curse word,then givi ng a former member of the board a free pass is certainly wrong and far more serious.council should immediately make a motion,not to have a hearing but simply to make a motion that"Short term" means any time less than 30 days.You don't need to go through the process of having Planning draft a ndew ordinance and let the Carrolls or others have a free ride during what is bound to be a long process.Have the courage and do it.You would be vindicated for the proclamation phopaw and shjow that you value the City. At the same time the 3 CEB members who voted in support of Carrolls should be asked to resign.They have given the city a bad name and they should be replaced. Warren winchester • • • 1 .ZOO 54' From: slmndmaam®bellsouth.net Sent: Sunday,August 25,2013 823 AM To: Fletcher,Craig Subject: Rentals Dear Craig Sent from my iPad, Jack and I want to go on record as being very strongly opposed to any short term Rentals in the concerned areas. Thank you for any consideration you will give our views. Mary Berrigan • • 1 From: John Hessian ljohnhessiansr(dverizan.net1 Sent: Sunday,August 25,201312:17 AM To: Turner,Pilar Subject: Appeal cab decision Please vote yes to appeal the CEB decision to allow short term rentals John hessian 950 beach rd Vero beach Sent from my iPhone • 1 �iD-3e From: John Hessian Oohnhessiansr@vedzon.netj Sent: Sunday.August 25.2013 12:13 AM To: Fletcher,Craig Subject: , Short term rentals Please vote yes to appeal the recent decision to allow short term rentals John hessian 950 beach rd Vero beach 32963 Sent from my iPhone • • 20 .3 q vaelk From: ROBERT HALL jhagorders@me.com) Sent: . Saturday,August 24,2013 10:45 PM To: Turner,Filer,Fletcher,Craig;WINGER DICK Cc: Tierney Tom;MOORE JOHN Subject: Rental Homes... Dear Ms. Turner and Mr. Fletcher, The decision to allow Vero Beach to turn into a rental community in competition with hotels must be fought. I strongly urge you resist it. There are fundamental issues at stake here, that in addition to the culture wars being fought about the power plant, threaten to alter the nature of this community. In addition to the unsavoury nature of a city council member benefitting directly from this issue...(sidebar) I was a long term renter next to her short term rental property in violation of ordinances on Seagrape Lane....the appearance of conflict of interest in siding with a city council member who appears to believe that the rules are for the little people...is beneath you. The noise, the over parking, the enormous loads of beer bottles and trash left on the street for days is pretty much all you need to know...that this was not and is not right. Especially when my landlord did not take the easy route and tried to abide by the ordinance. I always believed she had a case for damages here. I intend to help organize citizens and hotel interests against anyone who supports short term rental homes against the interests of property owners and hotel operators in Vero Beach. I am sure, as a homeowner, you must share our concerns. I urge you to do the right thing. I intend to copy every hotel owner on the barrier island with this message and call them personally to take action in their interests in this matter. John, Tom...this is not right. Sincerely, Robert Hall 2338 Ocean Drive Vero Beach 1 From: Ed jlcaptedl@aol.com) Sent: Saturday,August 24,2013 9:48 PM To: Turner,Filer Subject: Appeal of the Code Enforcement decision Dear Councilwoman Turner, I ask you to please support the appeal of the Code Enforcement decision. We believe that the original decision reached was incorrect and detrimental to Vero Beach. Thank you, Ed and Nancy Magrogan 7 Sea Gull Ave. • Vero Beach, Fl. 32960 Sent from my iPad • :rc 5a • 1/l V.a.,.... From: Ed pi captedtgaol.comj Sent Saturday.August 24,2013 9:42 PM To: Fletcher.Craig Subject: Appeal of the Code Enforcement decision Sir, I ask you to please support the appeal of the Code Enforcement decision. We believe that the original decision reached was incorrect and detrimental to Vero Beach. Thank you, Ed and Nancy Magrogan 7 Sea Gull Ave. Vero Beach, Fl. 32960 Sent from my iPad 1 1 vorkurm From: Mary Beth Brown[marybeth311@comcast.netl Sant: , Saturday,August 24,2013 9:10 PM To: Turner,Pilar Subject: Rentals Dear Ms. Turner, As a resident of the barrier island and a tax payer, I am requesting you vote to restrict short term rentals. Allowing short term rentals disrupts the neighborhood as well as decreases property values. Thank you for your time and consideration in this matter. Sincerely, Mary Beth Brown Sent from my iPhone 1 From: Mary Beth Brown[merybeth311@comcast.net[ Sent: Saturday,August 24,2013 9:07 PM To: Fletcher,Craig Subject: Rental properties Dear Mr. Fletcher, As a resident of the barrier island and a tax payer, I think it is important to restrict short term rentals as this only serves to lower property values. I hope you will vote in favor of not allowing short term rentals. Thank you for your time and consideration to this matter. Sincerely, Mary Beth Brown Sent from my iPhone • 1 410- 9V vatnAm From: William Mann tblattses@gmail.corn) Sent: , Tuesday,August 27,2013 4:59 PM To: Fletcher,Craig Subject: . From:W.G.Mann Resident of Vero Beach end member of IRNA I urge you to vote in favor of an appeal to the Circuit Court,the decision by the Code Enforcement Board not to uphold short rental restrictions that have been in force for many years and have served the City of Vero Beach very well. Sincerely, t-,�"" ' Bill Mann " a 3 to ca <; 1 �y attOs) From: J.Grant Beadle fjgrantbeadled,aOLcom] Sent Wednesday,August 28,20137:10 AM To: Fletcher,Craig Dear Craig, The ability of Vero Beach residents to rent rooms in their houses to paying overnight guests would change the whole character of Vero Beach and real estate values would certainly suffer. Please consider the total impact when making your decision. Thank You, Grant 1 From: BM and Loretto Murphy blmurphy58,attnet] Sent: . Tuesday,August 27,2013 11:53 PM To: Fletcher,Craig Subject•. The new short term rental Idea for Vero Beach homeowners Dear Mr. Fletcher: I feel as though we need a law written to protect homeowners and neighborhoods from being inundated by persons utilizing a home for a short rental. We have no idea who we are introducing to our neighborhoods and we don't know what activities they will bring with them. The short rental system could be used for many unlawful activities that we do not want to have in our neighborhoods or our lovely city. Please think hard and long on this problem, please. You are there to protect the city and the people who own property there. Thank you, Loretto H. Murphy& William C. Murphy 21 Sea Gull Place Vero Beach, Florida 32960 Vero Isles 1 alJD' �f � From: Bill and Loretto Murphy[blmurphy50@att.netj Sent: , Wednesday,August 28,201312:03 AM To: Turner,Pilar Subject: short term rental policies for our city • Dear Ms.Turner: I amue callingnon character you toplease ho utilize ze the short term rental areas tscind the idea of short term o conduct businesses that we do not want to have in Vero ls in our fair city. There are so many people of questionable Beach. I,for one, do not want people in my neighborhood whom I don't know or learn to know as a neighbor. Vero Beachhas always rafar You don't have to look far to see what happens when you amount of people who want a lawful community rn have transient ch to raise a peop eily or live out their last years without invading a city. Please think about this in its'entirety as it is easier to maintain a high level of citizenship than to work on changing it back to its'original condition. Thank you. Sincerely, Loretto H. Murphy and William C. Murphy 21 Sea Gull Place Vero Beach, Florida 32960 Vero Isles From: Gregory Ferrer lgfl446@comcast.net] Sent: Wednesday,August 28,2013 8:29 AM To: Turner,Pilar Subject: No short-term rentals Please appeal and overturn the ordinance permitting short-term rentals... Best, greg forrer Gregory Forrer •ForrWords Marketing Communications 8429 Sabal Palm Court Vero Beach, FL 32963 PH: (772)480-4327 email: gf7446Cc�comcast.net 1 � gv -I/9 From: stsouderevedzon.net Sent: Wednesday,August 28,2013 8:29 AM To: Fletcher,Craig:Turner,Pilar Subject: • Please do not alter the mild character of Vero Beach Dear Craig Fletcher and Pilar Turner: Please do not destroy the peaceful character of Vero Beach by permitting'unlimited short-term vacation rentals.' As a former Senior DA Investigator, I believe that action may also jeopardize the relative safety of our community. We know that both of you care deeply and fully understand the unique amenities of our wonderful town;so please'appeal the Board's decision to the circuit court'as has been recommended in MARK SCHUMANN's recent Insider Vero article. Thank you for your kind time and attention to this matter. Sincerely, Sandra Souder 1760 Cedar Lane Vero Beach,FL 32963 • 1 otla -4(4, From: George Henninger[georgehenninger@comcast.net] Sent: Wednesday,August 28,2013 9:39 AM To: Fletcher,Craig Subject: Rental codes tossed out Craig, I am a resident in Seagrove, Oceanside and just heard about the ruling on rental codes/practices. This is wrong and needs to be addressed by you and others as it potentially creates issues and diminishes the value of properties in Vero island and mainland. Please lead efforts to reverse this decision. Thanks George Henninger 146 Ocean Way New Hope PA 18938 Vack immm From: Derekbarb55[derekbarb55©gmall.com] Sent: • Wednesday,August 28,2013 12:38 PM To: Vock,Tammy Subject: Short term rentals in Vero Beech Dear City Clerk: Please make our opinions known to city council members on this subject prior to the Friday council discussion of the matter. We are homeowners and residents of the central beach area and have been very concerned for a long time about the apparent inability of the city to prevent and stop the practice by a few property owners of renting rooms on short term rentals in the residential areas of the beach. We urge the council to pass the necessary codes and provide effective enforcement methods to stop this practice of both renting by the room and short term rentals now before it spreads. What is at risk here are property values on the streets affected and the disturbance of the right of every home owner the peaceful enjoyment of their homes, the maintenance of an attractive appearance to the neighborhood and the prevention of any practices that deteriorate these property rights. Derek and Barbara Hanley Sent from my iPad From: Luke Jr William D[blukej@comcast.net] Sent: Wednesday,August 28,2013 12:35 PM To: Turner,Pilar Subject: Approve an appeal of the Code Enforcement Board's action to the Circuit Court. August 28,2013 Dear Council Member Turner, I am asking you to approve an appeal of the Code Enforcement Board's action to the Circuit Court. The action of the CEB has now opened up every barrier island and mainland neighborhood in Vero Beach to short term, transient, "vacation" rentals, for any period of time: a day or two, a long weekend, two weeks, etc. This is unacceptable because there are no longer restrictions now in residential neighborhoods. Please support this appeal! Thank you, Bill Luke 2030 Club Drive Vero Beach, 32963 Bill Luke blukej(a comcast.net If you forward this email please delete all forwarding history,which includes my email address. Erasing the history helps prevent spammers from mining our addresses. When forwarding,use Bcc: • . c2 go9 From: Kay W.Brown tkay@premlereslateproperties.com] Sent: a Wednesday,August 28,2013 4:31 PM To: Fletcher,Craig;Kramer,Jay:Turner,Filar;Winger,Richard Subject: _ Shod Term Rentals Dear City Council Members, » As an active licensed real estate broker,since 1978,in Vero Beach, I >> am opposed to allowing rentals in our city for periods of less than » 30 days. I have witnessed many unpleasant situations that have » developed with tenants being able to occupy homes on the barrier » island for short terms. It can be very disruptive to neighborhoods » and will certainly challenge the real estate values of areas where » this is being permitted. Some of the short term tenants are not » making security deposits and the properties are vacated in deplorable » conditions and the owners must do extensive clean up after these >> situations occur. We are blessed to live in one of the best towns in >> Florida and we all need to make sure we continue to support all >> efforts to keep it the best. Thank you for leadership and hopefully » your vote to enforce 30 day minimum lease periods in the City of Vero >> Beach! Best regards, Kay Brown 505 Bay Drive, Vero Beach, Fl 32963 1 From: Kippes2©aol.com Sent: Wednesday,August 28,2013 4:24 PM To: Turner,Piler;Fletcher,Craig Subject: (no subject) DEAR PILAR TURNER AND CRAIG FLETCHER, AS HOMESTEADED HOMEOWNER IN AMBERSAND I WOULD GREATLY WELCOME YOUR VOTE OPPOSING TEMPORARY RENTALS OF PROPERTY. IT WAS RECENTLY VOTED TO ALLOW SUCH AND WE ARE IN THE NORTH BEACH ASSOCIATION CERTAINLY OPPOSED TO THIS. THE TEMPORARY RENTALS HAVE 8- 15 CARS AT HOUSES WHICH ARE HOMESTEADED YET LEASED TO ANYONE. THERE ARE FIREWORKS BEING SHOT LATE EVENINGS UNTIL DAWN, LEGAL OR NOT, GARBAGE LEFT AS MANY AS 5 TO 6 GARBAGE CANS OR JUST BAGS LEFT FOR WEEKS AT A TIME TORN BY WILD ANIMALS AND STREWN ACROSS A1A. I PERSONALLY HAVE ASKED FISHERMEN TO LEAVE PRIVATE BOATDOCKS WHEN THE LAW NEVER ARRIVES TO HANDLE THE MATTER. I HAVE HAD NAKED PEOPLE IN THE PUBLIC PARK( BY MY HOME) , NUMBERS OF DOGS DAILY UNLEASHED OR LEASHED COME INTO MY YARD TO RELIEVE THEMSELVES, MY WATER TURNED ON FOR THE PUBLIC USE, SEX ON MY DUNES, SEA OATS DESTROYED, PEOPLE DEFECATING AND URINATING IN MY YARD, PEOPLE UNTIL 9:00 TO 10:00 PM RAGING BECAUSE I TOLD THEM THE PARK CLOSES AT SUNSET, PEOPLE THROWING TRASH IN THE PARK DAILY, BEER BOTTLES AND ALCOHOL IN THE PARK AND TRASH ON THE BEACH DAILY. THE POLICE AND PARKS CAN SEE THE HUNDREDS OF BEER CANS AND ALCOHOL BOTTLES IN THE GARBAGE DAILY BUT DO NOTHING ABOUT IT ALTHO THEY CAN SEE THE ACCUMULATION IN THE GARBAGE CANS WITH THE SIGN IN FULL VIEW NO ALCOHOL. PEOPLE BORROW MY LAWN FURNITURE AND USE MY WALKOVER TO PICNIC ON AS IF IT IS PUBLIC. I HAVE HAD MY WATER LEFT ON FOR SEVERAL HOURS BECAUSE I GO TO CHURCH AND COME HOME AND IT IS ON. IT WOULD BE HELPFUL IF THE COUNCILMEN, PARKS DEPT AND THE SHERIFF'S DEPT WOULD WORK TO HELP US. MANY NIGHTS THE PARK IS LEFT OPEN LATE WHEN MANY PARK USERS WALK THE BEACH AND THEY CAN NOT LOCK GATE BECAUSE THEY ARE NOWHERE TO BE FOUND. IF THEY DO LOCK THE GATE WHILE THEY ARE ON THE BEACH, THEN THEY COME TO MY HOME DEMANDING I CALL THE SHERIFF OR PARKS AND GET THEM TO UNLOCK THE GATE. MR. ALEXANDER AND MR. FLEETWOOD DO A GREAT JOB BUT WITH THEIR DEPT CUTS AND HIRING AN OUTSIDE COMPANY TO CLOSE AND OPEN THE PARKS AND MAINTAIN THEM THEY HAVE FEW OPTIONS. THE PARK HAS BEEN LOCKED AS LATE AS 10:00 PM AND UNLOCKED AS EARLY AS 11:00 PM. WOULD YOU LIKE TO HAVE CARS IN THE PARK HONKING , PEOPLE YELLING, FISHING, ALL HOURS OF THE NIGHT AND DAY??? THE GATES ARE NO LONGER 5" CHAIN LINK WHICH WOULD STOP PEOPLE FROM COMING INTO THE PARK AFTER OR BEFORE HOURS. EVEN WITH SIGNS OUTSIDE THE PARK AND ALONG A1A PEOPLE STILL GO ILLEGALLY AFTER AND BEFORE PARK IS OPENED, SIMPLY WALK IN AT WILL. I HAVE HAD PEOPLE ACTUALLY DEFACATE ON MY FIRST FLOOR, DOGS CHASE ME INTO MY OWN HOME WHEN THEY COME IN MY YARD. THIS SHOULD NEVER HAPPEN. I AM ASKING FOR YOUR SUPPORT IN HELPING TO RESOLVE THESE ISSUES . I THANK YOU IN ADVANCE FOR YOUR HELP IN RESOLVING THESE PROBLEMS. SINCERELY, CHERYL KIPPES 12570 N. A1A VERO BEACH, FL. 32963 388-6649 1 � 3.0_ Ss, From: mariesartstudloOlcomcastnet Sent: Monday,August 26,2013 3:24 PM To: Fletcher,Craig Subject: Appeal of Code Enforcement Board Vote on Short Term Rentals Hello, We are full time resident in Ambersand Beach. My husband and I built our home six years ago because we thought it was a quiet and secure place to live. We have had an influx of renters to our area along with garbage in the street, fires on the beach, parked cars every where, people trespassing on our dock and fireworks at all hours of the night. When we built our home I was not aloud to have living space on the ground floor and now these homes owners are renting the ground floor out. I have counted as many as ten young people packed into one single family home. I am concerned that our property values will decline and we will never return to a peaceful life here in Ambersand. Please vote to appeal this decision by Code Enforcement to allow short term rentals. Thank you, Mrs Morrow 12760 Highway Al ArL X232,4 i �� rs� ", cs o • 01 • • 1 vat*.m•r From: Jim McCown[mccown02@hotma(I.comj Sent: Monday,August 26,2013 2:19 PM To: Fletcher,Craig:Turner,Filar Subject: • Residential Rentals of Less than 30 days • Council Members Pilar Turner and Craig Fletcher Aug.26,2013 City of Vero Beach, Fl, 32963 • Dear Council Members, I am writing this note to convey to you my feelings regarding the basic gutting of city code concerning residential property rentals of less than 30 days. I am seeking your support in aiding the citizens of Vero Beach to maintain the serenity and peace of our neighborhoods, reduce traffic,noise, cars park all over lawns and over crowding of the capacity of residential homes by your vote in support of clarifying the city code to reflect that transient rentals(rentals of less than 30 days) are not allowed in areas that are zoned residential. I happen to live across the street from a home that has been rented in this manner for over a year now. Multiple complaints to the Code Enforcement Board finally resulted in a minor fine of$50.00. This residence was listed as the "Eagle Drive Delight" in all the internet web sites. So I see the impact of such practices on my very quiet neighborhood. Numerous cites in Florida and elsewhere have faced similar problems and have been able to clarify local codes so that both the resident homeowner and the homeowner wishing to rent his property have their rights protected. I am seeking your aid in accomplishing the same thing here in our lovely city of Vero Beach. Regards, James H.McCown • .ti'' �z, 3624 Eagle Drive \*;‘, Vero Beach, Fl 32963 :�' �\ 4 m :,..$) 0 1 0- c 7 From: SSNorth@aol.com Sent: Tuesday,August 27,2013 9:20 AM To: Turner,Pilar Subject: • September 3 meeting-REPEAL of Code Enforcement Board action Hi Mrs. Turner As a concerned member of the Vero Beach community in the Central Beach area, I strongly urge that you vote to REPEAL the recent unreasonable and unjust action of the Code Enforcement Board allowing transient rentals in our residential neighborhoods. This city needs protection from the dangers and disruptions that renters commonly cause, since they have no interest in the longer-term health of our community, and often just want to"have a good time"without any concerns at all about the rights of others, including their safety and right to exist in quiet comfort in their own home. Thank you for your support and cooperation. Sandy Northfield-836 Hibiscus Lane ,30 3't • l^S :s.) E,4 61 at zoigt. 1 oc g- — From: SSNorth@aol.com Sent Tuesday,August 27,2013 9:15 AM To: Fletcher.Craig Subject: u September 3 meeting-REPEAL of Code Enforcement Seord action Hi Craig As a concerned member of the Vero Beach community in the Central Beach area, I strongly urge that you vote to REPEAL the recent unreasonable and unjust action of the Code Enforcement Board allowing transient rentals in our residential neighborhoods. This city needs protection from the dangers and disruptions that renters commonly cause, since they have no interest in the longer-term health of our community, and often just want to."have a good time"without any concerns at all about the rights of others, including their safety and right to exist in quiet comfort in their own home. Thank you for your support and cooperation. Bill Northfield-836 Hibiscus Lane Vah T•aT( From: Chris McLaughlin Ishamrockre@gmail.com) Sent: Tuesday,August 27,2013 1:34 PM To: Vock,Tammy Subject: Please forward to each City Council Member Re:Short Term Rentals Dear City Council Member: Please act to repeal the Enforcement Boards vote on transient housing. This is my formal request that you seriously reconsider the city's short term rental policy and seek to prohibit daily and weekly rentals in single family zoned properties.Specifically, I ask you to act by clarifying the definition of Transient in the current code so that the prohibition of short term rentals is enforceable within the neighborhoods Thank you for your consideration. I live in Central Beach, I own rental property also in Central Beach as well as in the county,and I object to allowing homeowners to rent short term in single family zoned subdivisions in the city. Christine R McLaughlin Owner-Broker Shamrock Real Estate Corporation 790 Bougainvillea Lane Vero Beach, Fl 32963 772-234-0351 or cell 772-234-1688 or fax 772-492-0344 www.pro pertyinvero.com S '29 30:i rt ~r�� .d te • est /•,� m tt„ss 1 et1101- 60 From: taciegroadrunner.com Sent: Tuesday,August 27,2013 11:00 AM To: Fletcher,Craig Dear Mr. Fletcher, I would like to urge you to please support an appeal to the Circuit Court in regard to the recent Code Enforcement Board's decision in regard to unrestricted rental of single family homes in Vero. Thank you. Sincerely, Tacie Anderson Shorelands Dr. N., Vero Beach • 1 Vock From: tacle©roadrunner.com Sent: Tuesday,August 27,2013 10:15 AM To: Turner,Pilar Subject: Support Appeal to Circuit Court Dear Ms. Turner, I am urging you to vote for an appeal to the Circuit Court in response to the Code Enforcement Board's action in regard to the unrestricted rental of single family homes. Thank you. Sincerely, Tacie Anderson Shorelands Dr N., Vero Beah 1 McCarty, Heather From: Bill and Loretto Murphy[blmurphy58@att.net] Sent: Tuesday,August 27, 2013 11:53 PM To: Fletcher, Craig Subject: The new short term rental idea for Vero Beach homeowners Dear Mr. Fletcher: I feel as though we need a law written to protect homeowners and neighborhoods from being inundated by persons utilizing a home for a short rental. We have no idea who we are introducing to our neighborhoods and we don't know what activities they will bring with them. The short rental system could be used for many unlawful activities that we do not want to have in our neighborhoods or our lovely city. Please think hard and long on this problem, please. You are there to protect the city and the people who own property there. Thank you, Loretto H. Murphy& William C. Murphy 21 Sea Gull Place Vero Beach, Florida 32960 Vero Isles 1 41.& 3 McCarty, Heather From: Bill and Loretto Murphy[blmurphy58@att.net] Sent: Wednesday,August 28, 2013 12:03 AM To: Turner, Pilar Subject: short term rental policies for our city Dear Ms.Turner: I am calling on you to please rescind the idea of short term rentals in our fair city. There are so many people of questionable character who utilize the short term rental areas to conduct businesses that we do not want to have in Vero Beach. I, for one, do not want people in my neighborhood whom I don't know or learn to know as a neighbor. Vero Beach has always attracted an overwhelming amount of people who want a lawful community in which to raise a family or live out their last years without fear. You don't have to look far to see what happens when you have transient people invading a city. Please think about this in its'entirety as it is easier to maintain a high level of citizenship than to work on changing it back to its' original condition. Thank you. Sincerely, Loretto H. Murphy and William C. Murphy 21 Sea Gull Place Vero Beach, Florida 32960 Vero Isles 1 McCarty, Heather From: Catherine smith[sassylsmith@aol.com] Sent: Thursday,August 29,2013 5:04 PM To: Fletcher, Craig Subject: Rentals I am a resident and disapprove of the short term rental. They are a detriment to our neighborhoods. Thank you, Catherine Smith 735 Lagoon Rd Vero Beach, Fl 32963 1 Ot Q. 110‘ McCarty, Heather From: Chris McLaughlin [shamrockre@gmail.com] Sent: Tuesday,August 27, 2013 1:34 PM To: Vock, Tammy Subject: Please forward to each City Council Member Re: Short Term Rentals Dear City Council Member: Please act to repeal the Enforcement Boards vote on transient housing. This is my formal request that you seriously reconsider the city's short term rental policy and seek to prohibit daily and weekly rentals in single family zoned properties.Specifically, I ask you to act by clarifying the definition of Transient in the current code so that the prohibition of short term rentals is enforceable within the neighborhoods Thank you for your consideration. I live in Central Beach, I own rental property also in Central Beach as well as in the county, and I object to allowing homeowners to rent short term in single family zoned subdivisions in the city. Christine R McLaughlin Owner-Broker Shamrock Real Estate Corporation 790 Bougainvillea Lane Vero Beach, Fl 32963 772-234-0351 or cell 772-234-1688 or fax 772-492-0344 www.propertyinvero.com "arm t Baa r L s .'yrF.�". P O3� P 1 McCarty, Heather From: Paul and Jeanne[pjrodliff@gmail.comr Sent: Monday,August 26, 2013 11:35 AM To: Turner, Pilar; Fletcher, Craig Subject: Rental Controls Dear Ms. Pillar & Mr. Fletcher We own a home at 3665 Ocean Dr. and urge you to support the appeal of the recent decision to throw out current controls on short term rentals. Nothing will change the character, and appeal, of Vero Beach more quickly than to turn the central beach area into a hodgepodge of short term rental properties. Not to mention the negative impact this would have on property values and those hotel businesses and condo associations that are vigilant about protecting the character of our wonderful town. This is a lightning rod issue that will be followed closely by the voters. Sincerely, Jeanne & Paul Rodliff Sent from my iPhone McCarty, Heather From: Please Do Not Click Reply[support@govoffice.com] Sent: Monday, March 02,2015 7:45 AM To: Sanderson, Melody Subject: Code Enforcement(form)has been filled out on your site. Your Site has received new information through a form. Form: Code Enforcement Site URL: www.covb.org Complainant's Name (leave blank for anonymous): Carl gwinn Address (leave blank for anonymous): 421 holly road Vero beach Phone Number (leave blank for anonymous): (714)270-4592 Location of Complaint - Name: Matt Matice Address: 415 Holly road Vero Beach Phone Number: Code Enforcement Complaint: Short term rental , I feel like I live next to a hotel . I have already called police for late night parties Date: 3/2/15 Do Not Click Reply - This e-mail has been generated from a super form. 1 42 Al- 6fl McCarty, Heather From: Please Do Not Click Reply[support@govoffice.com] Sent: Monday, July 29,2013 5:04 PM To: Ramsey, Thomas Subject: Code Enforcement(form) has been filled out on your site. Your Site has received new in-Formation through a form. Form: Code Enforcement Site URL: www.covb.org Complainant's Name (leave blank for anonymous): David Hunter Address (leave blank -For anonymous): 3702 Eagle Dr Vero Beach FL Phone Number (leave blank for anonymous): Location of Complaint - Name: 635-645 Camelia LLC Address: 645 Camelia Lane Vero Beach, FL 32963 Phone Number: (816)531-6810 Code Enforcement Complaint: Investor/Owner of 635-645 Camelia LLC, at 5432 Locust St, Kansas City, MO, has been renting out R-1 zoned house at 645 Camelia Ln as short term vacation rental. Property is listed in www.vrbo.com under #224164, offered $1500/wk. Guest reviews -For stay 2 Jan 2013 by Patti -From Baltimore, another review from 14 jan 2013, proves short term rental. Stay 28 April 2012 by Trish, and 5 May 2012 by Judy Belle. Property calendar shows house booked all July/Aug 2013. Date: July 28, 2013 Do Not Click Reply - This e-mail has been generated from a super form. 1 Q-10 Q McCarty, Heather From: Please Do Not Click Reply[support@govoffice.com} Sent: Friday, June 21, 2013 12:57 PM To: Ramsey,Thomas Subject: Code Enforcement(form) has been filled out on your site. Your Site has received new information through a form. Form: Code Enforcement Site URL: www.covb.org Complainant's Name: David Hunter Address: 3702 Eagle Dr Vero Beach, FL 32963 Phone Number: (772)492-0568 Location of Complaint - Name: John and Tracy Carroll Address: 530 Camelia Lane Vero Beach FL Phone Number: Code Enforcement Complaint: Advertizing and renting SFR zoned R-1 at 530 Camelia Lane as 'transient public lodging establishment' (Fla Statute 509.242c) Vacation rental. Per guest review-- on website listing 6/17/13 showing West Indies/New Orleans style family home/property in central beach area (w/in one block of Museum of Art, Tennis Courts, Boat Ramp, etc)--property was rented short term in Feb 2013 as follows: "Eight of us came down (from Hudson NY)to Vero for a conference and were hoping to save some mony by renting a house and splitting the coast instead of booking hotel rooms. ..the house was well equipped w/ everything we needed for a comfortable stay. ..John (Carroll) the owner is very plesant and easy to work with." And guest review for short term rental April 2013 by M. Carr of Ft. Wayne, IN, states" We loved this house.. .the kids had their own space including a couch and tv area upstairs". The property is currently listed -For rental w/ min. 6 nights stay, in violat ion of Vero zoning for transient public lodging (allowed only C-1 and C- 1a). Date: Do Not Click Reply - This e-mail has been generated from a super form. 1 McCarty, Heather From: Please Do Not Click Reply[support@govoffice.com] Sent: Friday, June 21, 2013 12:57 PM To: Sanderson, Melody Subject: Code Enforcement(form)has been filled out on your site. Your Site has received new information through a form. Form: Code Enforcement Site URL: www.covb.org Complainant's Name: David Hunter Address: 3702 Eagle Dr Vero Beach, FL 32963 Phone Number: (772)492-0568 Location of Complaint - Name: John and Tracy Carroll Address: 530 Camelia Lane Vero Beach FL Phone Number: Code Enforcement Complaint: Advertizing and renting SFR zoned R-1 at 530 Camelia Lane as 'transient public lodging establishment' (Fla Statute 509.242c) Vacation rental. Per guest review-- on website listing 6/17/13 showing West Indies/New Orleans style family home/property in central beach area (w/in one block of Museum of Art, Tennis Courts, Boat Ramp, etc)--property was rented short term in Feb 2013 as follows: "Eight of us came down (from Hudson NY)to Vero for a conference and were hoping to save some mony by renting a house and splitting the coast instead of booking hotel rooms...the house was well equipped w/ everything we needed for a comfortable stay. . .John (Carroll) the owner is very plesant and easy to work with." And guest review for short term rental April 2013 by M. Carr of Ft. Wayne, IN, states" We loved this house. . .the kids had their own space including a couch and tv area upstairs". The property is currently listed for rental w/ min. 6 nights stay, in violat ion of Vero zoning for transient public lodging (allowed only C-1 and C- 1a). Date: Do Not Click Reply - This e-mail has been generated from a super form. 1 McCarty, Heather From: ROBERT HALL[rhallabc@icloud.coml Sent: Saturday,August 31, 2013 4:55 PM To: Vock, Tammy Subject: SHORT TERM RENTAL HOUSING To the attention of: Pilar Turner,Craig Fletcher,Jay Kramer and Richard Winger. I urge you to take the strongest action possible to overturn the decision of the unelected officials in the appeal regarding short term rental housing and stand up for the interests of full time resident homeowners. This will be a very strong issue in the next election for tax paying full time residents. To have the values of this community overturned with the say of the people is inappropriate and unacceptable. I have personally witnessed overflowing garbage cans,cascading beer bottles piled on the front lawn and vehicles parked on the front lawn of rental homes in Vero Beach. Is this to be the future of our community determined by non elected officials? Sincerely, Robert and Pat Hall 2338 Ocean Drive i • a2 .11- 701, McCarty, Heather From: ROBERT HALL[hallorders@me.com] Sent: Saturday,August 24, 2013 10:45 PM To: Turner, Pilar; Fletcher, Craig;WINGER DICK Cc: Tierney Tom; MOORE JOHN Subject: Rental Homes... Dear Ms. Turner and Mr. Fletcher, The decision to allow Vero Beach to turn into a rental community in competition with hotels must be fought. I strongly urge you resist it. There are fundamental issues at stake here, that in addition to the culture wars being fought about the power plant, threaten to alter the nature of this community. In addition to the unsavoury nature of a city council member benefitting directly from this issue...(sidebar) I was a long term renter next to her short term rental property in violation of ordinances on Seagrape Lane....the appearance of conflict of interest in siding with a city council member who appears to believe that the rules are for the little people...is beneath you. The noise, the over parking, the enormous loads of beer bottles and trash left on the street for days is pretty much all you need to know...that this was not and is not right. Especially when my landlord did not take the easy route and tried to abide by the ordinance. I always believed she had a case for damages here. I intend to help organize citizens and hotel interests against anyone who supports short term rental homes against the interests of property owners and hotel operators in Vero Beach. I am sure, as a homeowner, you must share our concerns. I urge you to do the right thing. I intend to copy every hotel owner on the barrier island with this message and call them personally to take action in their interests in this matter. John, Tom...this is not right. Sincerely, Robert Hall 2338 Ocean Drive Vero Beach 1 McCarty, Heather From: Dick Winger[dickwinger@bellsouth.net] Sent: Monday, March 23, 2015 1:16 PM To: 'david hunter' Cc: Vock, Tammy; O'Connor, Jim Subject: RE: Re: FW: Eagle Drive cleaning company David, Thanks for your comment. Pls remember anything you send a public official is public record and has to be treated so. As you know, I personally think any rental shorter than 30 days in a neighborhood zone residential is not acceptable. Dick From: david hunter[mailto:dhunter@atlantic.net] Sent: Monday, March 23, 2015 12:41 PM To: dickwinger@bellsouth.net Subject: Fwd: Re: FW: Eagle Drive cleaning company Dick, Just wanted to cc you on what I have been asking Chief Curry and his new Code Enforcement team to investigate.The Eagle Dr Delight is back in vacation home rental business,and doesn't even seem to mind that Code Enforcement is looking at them (and fining them once in a while). I know you have called a special meeting for Wed.on this topic. If you want any imput before the meeting,please let me know. I am encouraged by the City finally taking some action to stop these open violations of our code. Best David Forwarded Message Subject:Re: FW: Eagle Drive cleaning company Date:Mon,23 Mar 2015 12:35:27-0400 From:david hunter<dhunter@atlantic.net> To:Currey, Dave<DCurrey@vbpd.org>, Monaco, Matt<MMonacoPvbpd.org>,O'Connor,Jim<JOConnor@covb.org> David Hope you had a good weekend. Last Friday I saw Code Enforcement/Ms.Sanderson come to the Eagle Dr Delight property,get out and go to front door and talk the the California guests. They seemed to have moved out on Saturday,after 1 week in the property. But incredibly,a new group moved in on Sunday. I saw 2 balded men,approx 50 yrs old,sitting by the pool on Sunday, playing Reggie music on speakers. The cars are a Grey compact w/Fla tag DGA W66 and a White Versa tag BPH V31---they are now parking on the Euginia side street,to make the occupancy less noticable. This is the 3ed rental since middle of Feb for this house,which had just been cited for$100 fine about Feb 4th for its earlier rentals. I believe that fine was paid by Vacation 1 43/ 79( Home Rental company owned by Bill Waterman at the end of Feb, proving he is involved in renting it out. Please let me know what is being done to stop this illegal activity going on in broad daylight. Thanks for all your support and assistance. Dave On 3/19/2015 4:00 PM,Currey, Dave wrote: David Thank you for the additional information. My email earlier was in response to your question with regard to the cleaning company. I understand some of the information may not add up, but I wanted to get back to you in a timely manner with a response. We will sort through all the information and do our best to make sure all violators are in compliance. David E.Currey Chief of Police Vero Beach Police Department 772-978-4610 dcurrey0vbpd.org IVO B y-4 4 „tate POUCE o 11 ^�6 From: david hunter[mailto:dhunterCThatlantic.net] Sent:Thursday, March 19, 2015 12:48 PM To: Currey, Dave; Monaco, Matt; O'Connor,Jim Subject: Fwd: Re: FW: Eagle Drive cleaning company David C, An update... I just saw another SUV drive up to the Eagle Dr Delight at 12 noon. I walked over to investigate. It was a grey toyota Highlander,Texas tag FMD-6279. An elderly lady came out of the house,and I asked if she was renting it. She said yes. Her name is Louis,about 70 yrs old.She said she is from California,and the Texas car is her son in laws.She said she was renting for'about a month'. So obviously,it is not the Barrett's son staying there. And the cleaning last Sat.was indeed to prepare the unit for a new rental.The earlier seen grey SUV was gone, likely being used by Louis husband(the one I described in earlier email). It has Fla tags, but likely is a rental car. Dave 2 t Forwarded Message Subject:Re: FW: Eagle Drive cleaning company Date:Thu, 19 Mar 2015 11:43:04-0400 From:david hunter<dhunter@atlantic.net> To:Currey, Dave<DCurrey@vbpd.org> CC:O'Connor,Jim<JOConnor@covb.org>,Monaco, Matt<MMonaco@vbpd.org> Thanks for this info. Obviously,the information provided by Tina Barrett to Ms. Ferguson (as reported by Sanderson)is incorrect. I saw this morning the person who is staying at Eagle Dr Delight get picked up by a friend. The current occupant of the house is an older gray haired man,about 6'3",perhaps 65 yrs old,wearing a dark baseball cap and shorts, who was carrying a dark blue case. It might have been golf clubs or fishing rods? He was picked up at 10am this morning, but left his grey SUV w/Fla tags parked in the Eagle Dr entrance, as it has been since Monday March 16. (has anyone run his tag yet?) His inside house lights were on all last night,so he was staying there. Ms. Barrett's son is only in the mid 20s...and about 5'8"in height,so not the one I saw leave the house this morning. Please ask Ms.Sanderson to stop by the suspect's home and interview the described person,and see why and for how long he is staying there. Note that Ms. Barrett lied repeatedly to Ms.Sanderson (and w/out any penalty?)during Sanderson's 2013 investigation of Eagle Dr Delight,first claiming that the house was not rented, but being offered to out of town 'relatives'.Next,she claimed she did not know that Waterman was offering the house via internet for short term rental,---although she was described in the guest reviews as having come over to fix the pool heater and otherwise assist the clients. Finally,when the$50 fine was issued to Barrett,Waterman's vacation rental firm paid the fine---proving Barretts were renting through Waterman for vacation rentals.And Waterman in the past had a white van come over to clean Eagle Dr Delight on weekends just before new guests moved in. So please treat all their stories w/doubt. Ms. Ferguson did not clean the Barrett's property personally, but had a crew of 'employees'who did this over the weekend.So her story as to why she was cleaning it on Saturday doesn't add up--my guess is that Ferguson is working as cleaning company on many short term rentals,and doesn't want to admit it.Why would the Barretts clean it professionally if it was just the son staying there? It doesn't add up. Thanks for keeping after this one---its been going on for years. Its time to crack down! Dave On 3/19/2015 10:05 AM,Currey, Dave wrote: David Information below in response to your question. David E.Currey Chief of Police Vero Beach Police Department 772-978-4610 dcurrey(2 vbpd.org 3 aid- 76 17 4 Ll 41 4 `T From: Sanderson, Melody Sent:Thursday, March 19, 2015 9:56 AM To: Monaco, Matt Cc: Currey, Dave Subject: RE: Eagle Drive cleaning company Regarding the name and contact information for the cleaning company provided by Chief: A telephone interview with Andrea Ferguson, Manager of The A Team of the Treasure Coast, was conducted today. Ms. Ferguson's stated that the Barrett's son lives at the property and the following was in response to my questions. When asked if she has a calendar of when the property is occupied and vacant Ms. Ferguson stated she provides services when Tina (Barrett)calls and sometimes Tina cleans the house herself. That she usually cleans on Saturday or Sunday—when asked if that was because tenants usually came on Fridays and leave a week later on Saturday she stated no, it was because her schedule was so busy that Sat/Sun were sometimes the only time-she could provide cleaning service. From: Currey, Dave Sent: Wednesday, March 18, 2015 3:25 PM To: Sanderson, Melody; Ramsey,Thomas Cc: Monaco, Matt Subject: Eagle Drive Melody &Tom Can you advise if the property on Eagle Drive(Eagle Delight) utilizes a cleaning company once renters depart? If so, have we ever made contact with them in an effort to establish/show a rental pattern contrary to our city ordinance. 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Draft Ordinance Draft Ordinance •Clarifies but does not change allowances for conventional residences Vacation Rentals •Establishes definition of"vacation rental" •Locations: garage/carport, driveway, not in •Establishes separate parking regulations for vacation rentals. required setbacks Justification:frequency and potential for excess parking observed locally and in other jurisdictions —Accommodate but limit;address visual/residential character impacts by number of cars outside,location,screening Draft Ordinance Vacation Rentals Vacation Rentals 1. Carport/Garage: carport/garage+ 2. No Carport/Garage: 2 cars+1 car 1 car per bedroom not to exceed 5 cars outside per bedroom not to exceed 5 cars outside EX: 3 bdr/2 car garage: 5 cars(inside and outside) EX: 1 bdr: 3 cars(outside) 6 bdr/2 car garage: 7 cars(inside and outside) 3 bdr: 5 cars(outside) of 30 . /3 3 5/7/2015 D-at6 Item# - .�.�._ . .. By e,u7 Clerk Vacation Rentals Other Issues Not covered in initial draft ordinance 3. Excess Spaces: allowed if approved site plan and visually screened from street view •Event sites: prohibiting or limiting renting-out vacation rentals or any residential unit for large gatherings/special events •Accommodates larger gatherings/events —Would affect currently proposed excess parking allowance —Would not affect non-commercial gatherings/events at homes(e.g.Superbowl party) •Fire Safety •Citation powers Current state vacation rental license — First Warning required,short compliance requires smoke detectors and fire deadline(eg 48 hours) extinguisher. — Citation issued by Code Enforcement officer after first warning for either non-compliance or future occurrence — State inspections: rare,complaint-only — Current citation schedule: $50 per vehicle per — Local inspections: would require local parking violation code change and fee — Citation appealable to Code Enforcement Board or court a �o _ ,� . 4 5/7/2015 • •02, 0%S Item# By.. Deputy Clerk Recommendation That the BCC direct staff on: —Draft parking regulations —Other issues —Initiating formal ordinance adoption process(PZC, BCC public hearings) � �D-a - 5 SOUTH BEACH PROPERTY OWNERS ASSOCIATION INC t l'4' _ a u P.O. BOX 643093, VERO BEACH, FL 32964 Commissioners Q dliv Administrator Attorney �g— Community Dev.. May 1, 2015. Ra Ind d �lEET11�9ti Einerg.Services • /"a 0Ar General Services Chairman Wesley Davis j iuman Resources Board of County Commissioners / a_ /9 , f OMB BY HAND lte'rr isPublic Works _ ecreation By ttilities Services Re: Response and Position Statement to Draft Parking Ordinance' -- Dear Chairman Davis: After careful review, research and discussion of the County's Staff draft parking ordinance as provided by Mr. Stan Boling, the policy and response of the Land Use Committee (LUC) and the Executive Committee of the South Beach Property Owners Association Incorporated (SBPOA) is as follows: (1) The term "Vacation" Rental should be amended to "Vacation Rental and Other Commercial Uses" to reflect the fact short term rental businesses operating in Indian River County residential neighborhoods are being used for purposes other than regular renting to vacation guests. These usages inter alia include event hosting (weddings, reunions, ad hoc gatherings), film production, software development, construction transient labor and seasonal transient labor housing. It is the position of the SBPOA that these other commercial activities are continuing the pattern of degradation of the residential nature of IRC bedroom communities. We call upon the BCC as permitted under FS 509.032(7) to instruct staff to enforce a prohibition of these commercial activities and to prosecute offenders. Should the BCC and staff heed this call the term "Vacation" Rental would again reflect the accuracy of commercial business being legally conducted in IRC residential neighborhoods where the vendors have complied with State licensing. (2) We support the draft proposal stipulation of: "1. For a vacation rental dwelling, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom not to exceed a total of five(5)automobiles so parked Automobiles parked outside of a carport or garage shall be parked within a designated driveway." in all instances with the following additions: (i) limousines, transport busses, RVs Cr and other mass transport vehicles are precluded from the definition of automobile, BCC May 5,2015 Draft Parking Ordinance p2, `30 - (ii) valet shuttle services are not permitted from the designated parking area or 1any other area of the rental property and (iii)parkinin public and private right of Car ways or any other common residential, state or county property is prohibited. It is the position of the SBPOA that the proposed parking restriction is not only means of restoring partial order, partial tranquility and partial quiet enjoyment the currently impacted bona fide residents of bedroom communities, it is a means. of influx and environmental control. (3) We do not support any instance of the draft proposal stipulating: "a. For a vacation rental dwelling, the number of automobiles parked outside of a s' carport or garage may exceed the limitations and maximum set forth above if the excesa co spaces are provided on the single-family lot, are visually screened from view from any adjacent public or private street and are not occupied by automobiles from 10 pm to 8 am. In addition,prior to use of any excess spaces, the vacation rental owner shall apply for and obtain approval from the planning division of an administrative approval site plan depicting each excess space and demonstrating compliance with these regulations." as this exception exacerbates the problem of excess transient population disturbances, septic tank overloads, fire risks and negative aesthetic and environmental impacts. The intent of the draft ordinance should be to provide quiet enjoyment relief of compromised bona fide bedroom community owners not operating infrastructure L. relief to transient boarding house vendors. We thus call upon the BCC to instruct staff to delete all references to the above exception in the draft proposal. (4) We support Staff's belated recommendation of April 23, 2015 that amendments to parking problems need to be addressed in concert with other correlated and causal problems such as fire safety, emergency vehicle access, noise inhibition and septic tank and garbage overloads. The present response and position statement confines itself to the parking draft ordinance at hand but the overall position of the SBPOA calls upon the BCC to instruct staff to implement an IRC version of the comprehensive and all encompassing Monroe County Vacation Rental Ordinance and Special Vacation Permit Application Process. Motivation and justification for such a call will be provided via a separate presentation to the BCC at a later date. (5) We draw to the attention Staff's compilation of rental complaints (as shown in Attachment 5) is incomplete and statistical inference of the nature of: Based on that data, it appears that the number of site specific complaints in the unincorporated county has been relatively low,so far. BCC May 5,2015 Draft Parking Ordinance 3 t/ - C -' 2 is deeply flawed. The SPBOA will provide the BCC and staff with a 64 page c, complaint file on incidents in IRC and the City of Vero Beach. Numerous complaints in unincorporated IRC have been reported to other government entitiel outside Staff and these reports are not reflected in Attachment 5. 0 To assist staff in coming to proper scientific statistical conclusions based upon*i complete and proper empirical data gathering practices we offer to facilitate in ' S . situ meetings with bona fide bedroom community property owners to hear their complaints dating back to 2012, first hand. -3 c1( In conclusion, the present response and position statement, as previously stated, only addresses the draft parking ordinance at hand, despite the consequential impacts on other problems areas being experienced by bona fide residents of bedroom communities. As a result the SPBOA will be submitting supplemental response and position statements on these other problems. In the meantime we anticipate members of the BCC and staff will accept our invitations to conduct in situ inspections of the problem residential neighborhoods and interviewing long standing bona fide residents that have felt the deleterious impacts of the transient industrial rental businesses operating next to their bedrooms, kitchens and nurseries. SUBMITTED FOR AND ON BEHALF OF THE SOUTH BEACH PROPERTY OWNERS ASSOCIATION INCORPORATED 41111. ----) s7 Mr. George Lamborn, President Mr. Vincent De Turris, Vice President.... G�-2-� Mr. Carter Taylor, Treasurer ��� ,c4(..GGA Dr. Miles Conway, Secretary CIP tre BCC May 5,2015 Draft Parking Ordinance a, 50 - C . 3 Dr. Robert DeWaters, Director -71G Mr. George Bryant, Director _ )41-12-vb. Mr. Victor Cooper, Director /-41/ ())1 Mrs. Cheryl Gerstner, Director /... Mr. John Burns, Director CIW BCC May 5,2015 Draft Parking Ordinance tee " 4 F S - 5' • p7of�"�. ;.: Indian River County 1 Board of County Commissioners 'iy rk 1801 27th Street Vero Beach, Florida 32960 Mitchell D. Dudek 2400 23rd St.SE, Vero Beach, Florida 32963 Re: References to My Property at the Board of County Commissioners Meeting of 10 February 2015 Dear Commissioners Davis, Flescher,Zork,O'Bryan,and Solari; I watched the video-taped version of the 10 February 2015 Meeting of the Indian River Board of County Commissioners,at which a number of allegations and insinuations were made about my property. In light of such claims being made in a public forum, I feel compelled to declare for the public record that all allegations made against me and my property by Mr. Miles Conway at the 10 February 2015 meeting of the Board of County Commissioners are false, misleading, or both, Many of the claims have already been heard and specifically rejected by the Indian River County Code Enforcement Board, including all of Mr. Conway's allegations regarding sea turtle light disorientation, as well as his allegations regarding over-building and storm water run-off and flooding. No person staying at or visiting my home has ever parked alongside Highway AlA-that would be nearly impossible given the slopes,guardrails and exit lanes at that location. No person staying at or visiting my home has ever blocked ingress or egress of any vehicles (emergency or otherwise) on the 23rd St. SE roadway. This fact has been confirmed on numerous occasions by the Sheriffs office, and is not contradicted by Mr. Conway's photos, some of which show moving vehicles on the roadway. No person staying at or visiting my home has ever engaged in professional video filming or software production during their stay at my home. I strictly forbid wedding receptions, anniversaries, graduation parties and all other public gatherings and events from being held at my home. There have never been 40 to 100 cars parked in or around the White Surf community, and that would not be possible given space constraints in and around the community. There were significantly less than 25 days on which 10 or more cars parked at my home last year, and there were no days on which 10 or more cars parked overnight. The White Surf subdivision is significantly below Highway AlA grade, and neither the private roadway nor the common area is readily visible from the highway, nor from any location outside of the subdivision, without special effort to look down the steep roadway incline into the development. There are no permanent residents living in the White Surf community—the homeowners of all three vacation or second homes in the subdivision are each respectively only occasionally in residence in Indian River County. Mr. Conway does not live in the White Surf subdivision, nor does he have any right, title or interest in or to any property, roadway or common space in such subdivision or in or on 23rd St. SE. He enters his property directly from Highway AlA, and he has no personal need to drive, bicycle, walk,video tape, photograph or otherwise enter 23rd St. SE.,which is a short dead end street. His property is separated from the White Surf subdivision by a 6 foot screened fence,as well as rows of trees and brush. At ground level, his home cannot be seen from, nor can he see into,the White Surf community. Mr. Conway's home is in a large compound a great distance from the White Surf community's private roadway and common space. Sincerely urs, Dudek P 1 /12,e)0 44 RELE1177 r7 r"-"" n"7-7.--,ia . ....- , 30-'11-7cLe?je.-.) O -tiAA/cov ,L) ..e,e,r.,<_. S • f• .1,61S 12-- ---k--) 6,0 Item# le?' ,ff / 6<- 1--"--O )Qet--\ , Oe -flic/ bt --). _ By____ZbilitiLiklr--- Deputy Cler ),•-• , : ..,. _. -, 4 ' , 4.. ......, iiiiilluillui am imam --_-_-.4... .ra fi 110111111111W ' 1 , '11111111111, 0 111.1° ' ' *a a -------_-___ .--- ------ . •, . ,.- 411- 5 -/ 4111(":;111''''''1111111r, _, ' S/' 026/S 10 1 4$ ,!i "al I yr ' rr aet TM �rp � ` a , ,V'''';''''4" • i 001f ' if •P /p / # z 11' r il Or * 1''''' M. 1' • , . . 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L a) (v N a, i) m — 0 .0 .0 V) rco C O c •`n rhos OL- (moo za ; O E n w 0 ami v a a) t H. t a� cn v cn a (_ _ c c o o m L _c o > c a) 0 0 .3 a) O s s ro (a o tea) _C _c C o4' a) C U ooEv E -n (o a) F- m r- a) o I- o E E v 1 U) CO .0 O w• w o 00 0V o O O 4_, a) .s O a) a) +r a) U D)w > a_,, S- .c ,� c y Lf) O m O• a) Q () a) L E 'C o .N X N U _-_- N (0 O O y > ry a) ro v (moo C .(.., E C Q 3 a) > D) +� In L D a) 0 E vi CV .1 47 O L d' O rts o -c D — 1 Q =Q. �+ c _c a.+ 0- Q t O . 0E E a ' c N t0 U C -D •r, c _C d.' O a) E o s .c W H c C1:3 O4-, c cQ� - '. a) II c ? m m m N Q -ct _c co 4-, Cs co >,a C O VA rno o .0 10 3 3 a I— u < (a M . ., _CO3cn W mQ CD C) H Q Q 0. .23DC '/d2 RECEIVED RI in-Lirjr Kr f 01s Item qN /d . 1 9 . 1 , sots SOUTH BEACH PROPERTY OWNERS ASSOCIATION INCUR ATErD .;; ,.:;ierk P.O.BOX 643093,VERO BEACH,FL 32964 May 1,2015. Commissioner Peter O'Bryan Board of County Commissioners BY HAND Re: Response and Position Statement to Draft Parking Ordinance Amendment Dear Commissioner O'Bryan: After careful review, research and discussion of the County's Staff draft parking ordinance as provided by Mr. Stan Boling, the policy and response of the Land Use Committee (LUC) and the Executive Committee of the South Beach Property Owners Association Incorporated (SBPOA) is as follows: (1) The term "Vacation" Rental should be amended to "Vacation Rental and Other Commercial Uses" to reflect the fact short term rental businesses operating in Indian River County residential neighborhoods are being used for purposes other than regular renting to vacation guests. These usages inter alia include event hosting (weddings, reunions, ad hoc gatherings), film production, software development, construction transient labor and seasonal transient labor housing. It is the position of the SBPOA that these other commercial activities are continuing the pattern of degradation of the residential nature of IRC bedroom communities. We call upon the BCC as permitted under FS 509.032(7) to instruct staff to enforce a prohibition of these commercial activities and to prosecute offenders. Should the BCC and staff heed this call the term "Vacation" Rental would again reflect the accuracy of commercial business being legally conducted in IRC residential neighborhoods where the vendors have complied with State licensing. (2) We support the draft proposal stipulation of: "I. For a vacation rental dwelling, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom not to exceed a total of five(5)automobiles so parked.Automobiles parked outside of a carport or garage shall be parked within a designated driveway." in all instances with the following additions: (i) limousines, transport busses, RVs and other mass transport vehicles are precluded from the definition of automobile, BCC May 5,2015 Draft Parking Ordinance G,t P/ `. a" •c G`S; itbm „ / . By j Ue S Z (ii) valet shuttle services are not permitted from the designated parking are&ir any other area of the rental property and(iii) parking in public and private right of ways or any other common residential, state or county property is prohibited. It is the position of the SBPOA that the proposed parking restriction is not only a means of restoring partial order, partial tranquility and partial quiet enjoyment of the currently impacted bona fide residents of bedroom communities, it is a means of influx and environmental control. (3) We do not support any instance of the draft proposal stipulating: a. For a vacation rental dwelling, the number of automobiles parked outside vj'a carport or garage may exceed the limitations and maximum set.forth above if the excess spaces are provided on the single-family lot, are visually screened from view horn any adjacent public or private.street and are not occupied by automobiles fm 10 pm to 8 am. in addition,prior to use of any excess spaces, the vacation rental owner shall apply for and obtain approval from the planning division of an administrative approval site plan depicting each excess space and demonstrating compliance with these regulations." as this exception exacerbates the problem of excess transient population disturbances, septic tank overloads, fire risks and negative aesthetic and environmental impacts. The intent of the draft ordinance should be to provide quiet enjoyment relief of compromised bona fide bedroom community owners not operating infrastructure relief to transient boarding house vendors. We thus call upon the BCC to instruct staff to delete all references to the above exception in the draft proposal. (4) We support Staff's belated recommendation of April 23, 2015 that amendments to parking problems need to be addressed in concert with other correlated and causal problems such as fire safety, emergency vehicle access, noise inhibition and septic tank and garbage overloads. The present response and position statement confines itself to the parking draft ordinance at hand but the overall position of the SBPOA calls upon the BCC to instruct staff to implement an IRC version of the comprehensive and all encompassing Monroe County Vacation Rental Ordinance and Special Vacation Permit Application Process. Motivation and justification for such a call will be provided via a separate presentation to the BCC at a later date. (5) We draw to the attention Staff's compilation of rental complaints (as shown in Attachment 5) is incomplete and statistical inference of the nature of: Based on that data, it appears that the number of site specific complaints in the unincorporated county has been relatively low,so far. BCC May 5,2015 Draft Parking Ordinance - ac �� /A. /9 is deeply flawed. The SPBOA will provide the BCC and staff with a 64 !ge`s U S 2� complaint file on incidents in IRC and the City of Vero Beach. Numerous complaints in unincorporated IRC have been reported to other government entities outside Staff and these reports are not reflected in Attachment 5. To assist staff in coming to proper scientific statistical conclusions based upon complete and proper empirical data gathering practices we offer to facilitate in situ meetings with bona fide bedroom community property owners to hear their complaints dating back to 2012, first hand. In conclusion, the present response and position statement, as previously stated, only addresses the draft parking ordinance at hand, despite the consequential impacts on other problems areas being experienced by bona fide residents of bedroom communities. As a result the SPBOA will be submitting supplemental response and position statements on these other problems. • In the meantime we anticipate members of the BCC and staff will accept our invitations to conduct in situ inspections of the problem residential neighborhoods and interviewing long standing bona fide residents that have felt the deleterious impacts of the transient industrial rental businesses operating next to their bedrooms, kitchens and nurseries. SUBMITTED FOR AND ON BEHALF OF THE SOUTH BEACH PROPERTY OWNERS ASSOCIATION INCORPORATED Mr. George Lamborn, President Mr. Vincent De Tunis, Vice President ' �� f' Mr. Carter Taylor, Treasurer "•• .`�:c. ' Dr. Miles Conway, Secretary 5 • � • �vi� 11. 19 •/ Robert DeWaters . Dr. , Director Mr. George Bryant, Director C-e/1-'11/ -6--17111-4-t Mr. Victor Cooper, Director Mrs. Cheryl Gerstner, Director Mr. John Burns, Director 2 BCC Ma}5.2015 Draft Parking Ordinance a Maria Suesz /01..19.1. From: mconway@fcast.com yy� Sent: Wednesday, May 06, 2015 3:23 PM /" S UC S To: wdavis@ircgov.com Cc: Peter D. O'Bryan; Deryl Loar; tzorc@ircgov.com; Bob Solari; George Lamborn; Vince DeTurris;jflescher@ircgov.com; John Burns; George Bryant; Vic Cooper; Carter Taylor; Dr. Bob DeWaters; Stan Boling Subject: BCC Meeting of May 5, 2015 Attachments: TB Complaints 2013-2015.pdf; BCC-5-5-15.pdf; BCC-5-5-15- OBryan.pdf Dear Chairman Davis: Please find attached electronic versions of the material either presented or referenced at the BCC meeting yesterday. These documents include: (l) The electronic version of the hard copy response and position statement of the SBPOA on the proposed draft parking ordinance delivered by hand on Monday. (2) The electronic version of the presentation delivered to you as supporting evidence for the response and position statement of the SBPOA. (3) A supplementary file of complaints related to transient boarding houses in the City of Vero Beach and IRC gathered from sources other than IRC. As mentioned a number of times in the presentation, quantitative statistics of the nature of the number of complaints or count need to be superceded by the more appropriate and rigorous measure of the width and depth of the problem directly caused by commercial transient rental businesses trading in residential neighbourhoods, namely empirical qualitative statistics. The latter appropriate data is gathered by in situ interviews with the affected parties. Sincerely, Miles Conway, Ph.D. Secretary and Director Chairman Land Use Committee SOUTH BEACH.PROPERTY OWNERS ASSOC.IATION INCORPORATED Member- Land Use Committee INDIAN RIVER NEIGHBORHOOD ASSOCIATION Confidentiality Notice:This message(including attachments)is intended for the person/entity to whom it is addressed and contains privileged and confidential in formation. Should the reader hereof not be the intended recipient,kindly notify us immediately by return e-mail,delete the original message and do not use,disclose, distribute or copy it. 1 Maria Suesz From: Dori Roy <droy@ircgov.com> Sent: Tuesday, May 05, 2015 4:29 PM To: Maria Suesz Subject: FW: Scheduling Workshop lc 49./ dyw SDe.sz FYI. Dori From: Dori Roy Sent: Tuesday, May 05, 2015 4:28 PM To: BCC - Office Cc: Joe Baird; Dylan Reingold; John King Subject: Scheduling Workshop At the Board of County Commission Meeting today, the Board determined that they wanted to schedule a workshop in June regarding Fire Stations. They estimated we would need approximately 3 hours for this workshop. Please check the Commissioners schedules for the following three dates to see if we can schedule the workshop for one of these dates: Wednesday, June 24th 2:00 p.m. to 5:00 p.m. Thursday, June 25th 2:00 p.m. to 5:00 p.m. Friday, June 24th 1:30 p.m. to 4:30 p.m. Thank you for your help! Dori Roy Assistant to the County Administrator Indian River County 180127th Street Vero Beach, Fl 32960-3388 772-226-1408 Before printing this e-mail, LOMA ifit is necessary. Think Green! Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 01ST ' '�-� Departmental Matters Indian River County Inter-Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: April 27, 2015 SUBJECT: FEMA Project Worksheet De-Obligations and Appeals for Hurricanes Frances and Jeanne and Mis e piineous Budget Amendment 014 FROM: Jason E. Brown Director, Management : Bu••et Background Indian River County was struck by Hurricane Frances and Jeanne in September 2004. The County organization, similar to County residents, suffered substantial losses due to these storms. A declaration of emergency for these storms included Indian River County, which made the County eligible to receive reimbursement for certain losses from the Federal Emergency Management Agency (FEMA). The County has received reimbursement totaling about $22 million from FEMA for Hurricane Frances. Of this amount, over $21 million was for uninsured losses (e.g. debris removal, emergency protective measures). FEMA has paid the County $603,177 on insured Project Worksheets (PW's). For Hurricane Jeanne, the County has received reimbursement of about $14.5 million. Approximately $14 million was for uninsured losses, and $521,676 was for insured work. De-obligation of Prosect Worksheets 5784 and 5313 The County has recently received information from the Federal Emergency Management Agency (FEMA), that two Project Worksheets have been de-obligated. The approved amount for Project Worksheet 5784 for FEMA-FL-DR1561 (Hurricane Jeanne) was reduced by $500,000. Also, Project Worksheet 5313 under FEMA-FL-DR1545 (Hurricane Frances) was reduced by $500,000. Both de- obligations are to make adjustments for insurance proceeds the County received for insured losses due to hurricanes Frances and Jeanne. According to FEMA guidance on the Public Assistance (PA) Program, "disaster assistance is intended to supplement financial assistance from other sources. Disaster assistance will not be provided for damages or losses covered by insurance." From a practical standpoint, this means the County is only eligible to receive reimbursement from FEMA for the County's deductible on insured losses, plus coverage for any losses excluded from the County's insurance program. At the time of Hurricanes Frances and Jeanne, the County had a self-insured retention (deductible) of $500,000 per storm event. Therefore, the County should be eligible for approximately $500,000 in eligible insured losses for reimbursement notwithstanding potential coverage gaps. Once the de-obligations are accounted for, the County will have received far less than this amount, as shown in the table below. For example, the County will have received only $21,676 for Hurricane Jeanne, which is far below the self-insured retention of$500,000. 231 FEMA Reimb. on ! Less De- Net FEMA Storm Name i Insured PW's I Obligations Reimbursement Frances $603,177 ($500,000) $103,177 Jeanne $521,676 ($500,000) $21,676 Totals $1,124,853 ($1,000,000) $124,853 Staff's position is that these de-obligations are unwarranted and incorrect. Therefore, the County has filed an appeal for each (please see attachments) attempting to clarify our position. Please note, County staff has been in contact with representatives from FEMA and the Florida Department of Emergency Management regarding this issue numerous times. Most recently, staff sent a letter to Cassie Wheeler with FDEM on August 13, 2014, to clarify the County's insurance reimbursement for the storms (see attachment). On August 29, 2014, Ms. Wheeler indicated that this letter seemed to satisfy her FEMA insurance counterpart's inquiries and that no additional information was needed (see attached email). The County received no further communication from FEMA on this matter until an email was received on February 10, 2015 directing staff to the floridapa.org website, which included a notice of de-obligation of PW 5784. Staff has enlisted the assistance of our outside counsel, Ernest Abbott with Baker Donelson, who specializes in FEMA matters, to assist with the appeal process as needed. We are planning to follow the appeals process for PW's 5784 and 5313. However, the FDEM has invoiced the County for payment based upon these de-obligations. Typically, FEMA deducts funding from the State as soon as a PW is de-obligated. The State has invoiced the County since they have already incurred the charge form FEMA. Staff recommends payment to the State for these funds at this time in order to avoid placing a financial burden on the State. If the County were to prevail in the appeals process, we would be eligible to receive these funds back. Invoice for Prosect Worksheet 3571 In addition to the de-obligation of PW's 5784 and 5313, the State has now invoiced the County for a previously de-obligated project (PW 3571). This Project Worksheet provided reimbursement for an "Improved Project" to build a new facility to replace the County's Purchasing Warehouse, which was damaged during the hurricanes. FEMA originally approved a "standard" Project Worksheet (PW 6611) for damages to the Purchasing Warehouse in the amount of $66,840. This was an insured project worksheet, and the County had received all insurance proceeds for which we were eligible at the time PW 6611 was approved. Therefore, the County did not receive any actual funds for PW 6611. Subsequently, FEMA staff advised the County that we would be eligible for additional funds if an "Improved Project" were approved. This eligibility was due to the fact that the County did not rebuild the damaged freestanding facility. Rather, a replacement facility was included with construction of the new County Administration Building B. In May 2005, FEMA approved PW 3571 as an Improved Project to replace the original PW 6611. PW 3571 was eventually approved for a total amount of $334,558, consisting of $313,302 for the cost of a replacement facility (portion of Building B) and $21,256 for demolition and disposal of the original structure. The County received reimbursement for the full amount of the Project Worksheet (less the 5% local match). On June 17, 2010, the County received notification that FEMA was de-obligating $152,123 on this PW (see attachment). This amount was based upon the difference between the first version of the PW ($188,886) and the insurance proceeds received for Hurricane Jeanne ($34,764). On August 27, 2010, the County appealed this determination (see attachment) based upon the fact 232 that the County had received insurance proceeds of $74,563 for the Purchasing Warehouse. These proceeds were split by the insurer between the two storms since they occurred only three (3) weeks apart with $39,799 assigned to Frances and $34,764 assigned to Jeanne whereas FEMA applied all losses to Jeanne and none to Frances. These discrepancies were common since damages from Frances had not been determined prior to Jeanne striking the County. The insurers and FEMA each handled this split differently for many structures. FEMA has not made a determination on the original appeal at this time. The Florida Department of Emergency Management (FDEM) has invoiced the County for $191,802, which is greater than the amount de-obligated in 2010 ($152,123), but less than the total amount of the Project Worksheet ($334,558). Staff recommends repayment of the disputed amount to the State at this time. If the County were to prevail on the appeal, then we would be eligible for reimbursement of these funds. Recommendation Staff recommends that the Board of Commissioners approve the payment request for reimbursement to FDEM for PW's 5784 and 3571 for Hurricane Jeanne and PW 5313 for Hurricane Frances. Staff further recommends that the Board authorize payment of the invoices for: 1) PW 5784 in the amount of $477,593.95, 2) PW 3571 in the amount of $183,170.66, and 3) PW 5313 in the amount of $452,500. Additionally, staff recommends that the Board approve the attached budget amendment utilizing Optional Sales Tax Fund/Cash Forward and General Fund/ Cash Forward, as appropriate. These funding sources are recommended since these Funds received the original FEMA reimbursements for the Project Worksheets. Attachment Letters from Division of Emergency Management notifying of de-obligation of PW's 5784 and 5313 Invoices for Payment on De-obligated Project Worksheets Letter, dated April 2, 2015, appealing de-obligation of PW 5313 Letter, dated April 13, 2015 appealing de-obligation of PW 5784 June 17, 2010 letter from FEMA de-obligating a portion of PW 3571 August 27, 2010 appeal letter to FDEM appealing partial de-obligation of PW 3571 Budget Amendment#014 and Resolution APPROVED AGENDA ITEM: BY:C ')) 7 Josep A Baird County Administrator F R: May 5, 2015 Indian River County A.•roved Date Administrator r 3 K5 County Attorney ' ° i, 4/25/ 8 p Budget /2 / Department 111 Risk Management 233 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W.KOON Governor Director February 5, 2015 Mr. Jason Brown FEMA-1545-DR-FL Director of Management & Budget FIPS No 061-99061-00 Indian River County Package 527 1801 27th Street PW 5313(v2) Vero Beach, Florida 32960 Dear Mr. Brown: Attached is a copy of the Federal Emergency Management Agency(FEMA) Project Application Summary (P2) package referenced above. This Project Application Summary denotes Public Assistance Funding provided under the Robert T. Stafford Act for disaster damages caused by Hurricane Frances. Should you disagree with FEMA's determination you have the right to appeal in accordance with 44 CFR, §206.206. You must file an appeal within 60 days of receipt of this correspondence to the State of Florida Division of Emergency Management (Grantee). Submit online at www.FloridaPA.orq by going to the Account Summary Screen and choosing "New Appeal" from the "New Request" dropdown on the right side of the page. Written correspondence may be scanned and uploaded to the appeal request online or mailed to: Bryan W. Koon, Director, Division of Emergency Management Attention: Bryan Lowe, State Public Assistance Officer, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 The appeal must contain documentation supporting the Applicant's position and the applicable provisions in Federal Law, regulation, and/or policy. Reimbursements for large projects (in excess of$54,100.00) must be requested by the applicant (Subgrantee). This may be accomplished via the State's Public Assistance website, www.FloridaPA.orq, by submitting a Request for Reimbursement (RFR) along with a Summary of Documentation (SOD) and all supporting documents which must total, at least, the amount being requested. The work performed must be included in the project worksheet's (Subgrant) Scope of Work. Due to the change in State regulation involving the new Transparency Act, Small projects require the applicant (Subgrantee)to submit a Summary of Documentation (SOD) for each project. The SOD will require detailed comments of the work performed, DIVISION HEADQUARTERS • • STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Blvd Tel:850-413-9969•Fax:850-488-1016 2702 Directors Row Tallahassee, FL 32399-2100 www.FlorldaDlsaster,orn Orlando, FL 32809-5631 234 Mr. Jason Brown February 5, 2015 Page Two expenditures and supporting documentation, which must be in accordance with the Scope of Work and must not exceed the total eligible. The State is working with the Comptroller to refine this process and the procedures may change as we work through facilitating and/or simplifying the paperwork. One (1) Request for Advance (RFA) is allowed per disaster. It may cover multiple worksheets. Submit the Request for Advance (RFA) and a Schedule of Projected Expenditures (SOPE) on www.FloridaPA.orq. Advanced funds are expected to be used within 90 days of receipt. The applicant must maintain original and accurate records of disaster costs for a period of five years from the date of disaster closeout by FEMA. Copies of Project Worksheets may be viewed and printed online at www.FloridaPA.orq. Throughout the Grant Management process, our website can be utilized to research up-to-date status and submit further requests. For further details on the payment process, please visit www.FloridaPA.orq and click the tab titled Applicant Guidelines and Guides for instructions on how to submit a Request for Reimbursement, or see PAYMENT OF COST in the Disaster Relief Funding Agreement. If you have any questions or should require further information, please feel free to contact your State Support Team at the phone number or email address listed under"State Contacts" on the left side of your www.FloridaPA.org Account Summary Screen. Sincerely, v_______________ Bkrya State Public Assistance Officer Buss Enclosure: P2 Package 527 235 4a>ti'-r STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W.KOON Governor Director February 11, 2015 Mr. John King, Director of Emergency Services FEMA-1561-DR-FL Indian River County FIPS No 061-99061-00 1801 27thh Street Package 448 Vero Beach, Florida 32960 PW(s) 3571-3, 5784-3 Dear Mr. King: Attached is a copy of the Federal Emergency Management Agency(FEMA) Project Application Summary(P2) package referenced above. This Project Application Summary denotes Public Assistance Funding provided under the Robert T. Stafford Act for disaster damages caused by Hurricane Jeanne. Should you disagree with FEMA's determination you have the right to appeal in accordance with 44 CFR, §206.206. You must file an appeal within 60 days of receipt of this correspondence to the State of Florida Division of Emergency Management(Grantee). Submit online at www.FloridaPA.orq by going to the Account Summary Screen and choosing "New Appeal" from the "New Request" dropdown on the right side of the page. Written correspondence may be scanned and uploaded to the appeal request online or mailed to: Bryan W. Koon, Director, Division of Emergency Management Attention: Bryan Lowe, State Public Assistance Officer, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 The appeal must contain documentation supporting the Applicant's position and the applicable provisions in Federal Law, regulation, and/or policy. Reimbursements for large projects (in excess of$54,100.00) must be requested by the applicant (Subgrantee). This may be accomplished via the State's Public Assistance website, www.FloridaPA.orq, by submitting a Request for Reimbursement(RFR) along with a Summary of Documentation (SOD) and all supporting documents which must total, at least, the amount being requested. The work performed must be included in the project worksheet's (Subgrant) Scope of Work. One (1) Request for Advance (RFA) is allowed per disaster. It may cover multiple worksheets. Submit the Request for Advance (RFA) and a Schedule of Projected Expenditures (SOPE) on www.FloridaPA.orq. Advanced funds are expected to be used within 90 days of receipt. DIVISION HEADQUARTERS • • STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Blvd Tel:850-413-9969•Fax:850.4B8-1016 2702 Directors Row Tallahassee, FL 32399-2100 www.FlorldaDisaster,ora Orlando, FL 32809-5631 236 Mr. John King February 9, 2015 Page Two The applicant must maintain original and accurate records of disaster costs for a period of five years from the date of disaster closeout by FEMA. Copies of Project Worksheets may be viewed and printed online at www.FloridaPA.org. Throughout the Grant Management process, our website can be utilized to research up-to-date status and submit further requests. For further details on the payment process, please visit www.FloridaPA.orq and click the tab titled Applicant Guidelines and Guides for instructions on how to submit a Request for Reimbursement, or see PAYMENT OF COST in the Disaster Relief Funding Agreement. If you have any questions or should require further information, please feel free to contact your State Support Team at the phone number or email address listed under"State Contacts" on the left side of your www.FloridaPA.orq Account Summary Screen. Sincerely, Bryan Lowe State Public Assistance Officer BL/mh Enclosure: P2 Package 448 237 Page 1 of 2 INVOICE STATE OF FLORIDA ter' coo w Division of Emergency Management Date: Invoice#: To: Indian River County(FIPS: 061-99061-00) 1801 27th Street Vero Beach, Florida 32960 Projects: Disaster PW# Federal Share Admin State Share Line Item Total 1561 3571 ($172,621.57) ($959.01) ($9,590.08) ($183,170.66) 1561 5784 ($450,088.54) ($2,500.49) ($25,004.92) ($477,593.95) SubTotal: ($660,764.61) Total: Make checks payable to State of Florida for total amount of: $660,764.61 State of Florida Public Assistance, 2702 Directors Row Orlando, FL 32709 Telephone: 407-888-3771 Fax: 407-251-2591 renee.singh@em.myflorida.com 238 http://floridapa.org/downloads/get.cfm?udid=5DFCA599BCAA527DEDO7FACD8AF5A50... 4/6/2015 Page 1 of 2 INVOICE STATE OF FLORIDA coo qE Division of Emergency Management Date: Invoice#: To: Indian River County(FIPS: 061-99061-00) 1801 27th Street Vero Beach, Florida 32960 Projects: Disaster PW# Federal Share Admin State Share Line Item Total 1545 5313 ($450,000.00) ($2,500.00) $0.00 ($452,500.00) SubTotal: ($452,500.00) Total: Make checks payable to State of Florida for total amount of: $452,500.00 State of Florida Public Assistance, 2702 Directors Row Orlando, FL 32709 Telephone: 407-888-3771 Fax: 407-251-2591 renee.singh@em.myflorida.com 239 http://floridapa.org/downloads/get.cfin?udid=5DFCA599BCAA527DEDO7FACD 8AFAA 1... 4/6/2015 BOARD OF COUNTY COMMISSIONERS 1801 2rh Street, Vero Beach, Florida 32960-3388 ICY( )� Office of Management& Budget Telephone: (772)226-1214 ►-+ ' April 2, 2015 t'lOkr& Bryan W. Koon, Director, Division of Emergency Management Attention: Bryan Lowe, State Public Assistance Officer 2555 Shumard Oak Boulevard Tallahassee, FL 32399 RE: FEMA-1545-DR-FL Project Worksheet 5313 This letter serves as Indian River County's appeal of the determination by FEMA to deobligate funds relating to the 2004 storm Hurricane Frances as outlined in that Project Worksheet Report#5313 for FEMA-FL-DR1545 (the "Project Worksheet Report"). This deobligation appears to have been made in February, but the County was not aware of it until it found the PW version deobligating funds while perusing the FloridaPA website earlier this week. Out of an abundance of caution, we are filing this appeal within 60 days of the apparent issuance of the Project Worksheet. However, we reserve the right to supplement this appeal with additional information after we have had an opportunity to collect and review whatever information is available to us about that should comprise the Administrative Record of this Appeal. As you are aware, FEMA's current Appeals Guidance suggests that an Applicant is not permitted to supplement the Administrative Record on second appeal, and it is particularly important that the applicant be able to provide a full and complete appeal after notice of the matter being appealed. Project Worksheet 5313 funded restoration work on the County's 800 MHz communications system in the amount of$857,433. The project was closed out after final Inspection, confirming that the eligible amount was $857,443. This Project Worksheet was for a facility that was not covered by the Indian River County insurance policies and hence was uninsured. Please see attached copy of the relevant portion of Indian River County's insurance policy, which document that this facility was not insured. The lack of insurance for this facility was confirmed on at least two occasions by FEMA's insurance specialist, as reflected in the comment field on the Project Worksheet Report for Version 0 and Version 1 of the PW. Nonetheless, FEMA has apparently now decided that the County received insurance proceeds due to losses incurred on the uninsured communications system. 240 The theory of the deobligation is that the disaster assistance provided by FEMA in PW 5313 had duplicated insurance proceeds received by the County. The PW observes that the County had received a $500,000 payment from one of its insurance companies with respect to damage suffered by Hurricane Frances. Version 2 of PW 5313 then deobligated $500,000 from PW 5313, apparently out of belief (1) that the $500,000 received by the County had not already been addressed in other project worksheets written with respect to other (insured) losses suffered by the County,' and (2) that this $500,000 amount somehow related to PW 5313. We note that after receipt of this deobligation, the State of Florida has already issued an invoice requesting the County to repay $452,500 (the federal share of the $500,000 at issue, plus $2,500). The County agrees that, pursuant to Section 312(a) of the Stafford Act, (Duplication of Benefits), "[t]he President, in consultation with the head of each Federal agency administering any program providing financial assistance to persons, business concerns, or other entities suffering losses as a result of a major disaster or emergency, shall assure that no such person, business concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other program or from insurance or any other source." However, pursuant to Section 312(b)(3) of the Stafford Act, (Special rules), "(r]eceipt of partial benefits for a major disaster or emergency shall not preclude provision of additional Federal assistance for any part of a loss or need for which benefits have not been provided." Thus, receipt of insurance proceeds that pay for some losses incurred by an applicant do not duplicate the disaster assistance provided for other are received for other losses. Rules governing the duplication of benefits are also set forth in the governmental policies and FEMA policies set forth in 44 CFR 206.191 (Duplication of benefits). From the Project Worksheet Report, it appears that FEMA has de-obligated funds due to the perceived duplication of funds associated with an alleged "additional payment" of $500,000 from United National Insurance Company, under Policy CP0065469. There, however, was no duplication of funds. For Hurricane Frances, Indian River County suffered total losses of approximately$22 million of which total insured losses were$3,103,457.56. The County had two different insurance policies that were applicable to these insured losses. The principal insurance policy (with a number of different insurance companies2) had a deductible of $1,000,000, and so the insurer deducted $1,000,000 from the covered losses, and the County received proceeds of $2,103,457.56 from the excess insurer(s). This payment of insurance proceeds necessarily could only be attributable to damage to property covered by the insurance policy. 1 If there is any error in FEMA's application of the$500,000 in insurance proceeds to PWs relating to facilities that were covered by the Insurance policy,(and the County is convinced that there is not)this error should be addressed in the PWs written with respect to insured facilities. 2 Name of insurance company(s) 24� Second, the County had contracted with United National Insurance Company to reduce the uninsured exposure created by its $1,000,000 deductible. This policy covered losses up to a wind sub-limit of $500,000, for losses in excess of $500,000. So in addition to the $2,103,457.56 received from its excess insurers, the County received $500,000 from United National Insurance Company. Again, this insurance payment was issued with respect to facilities that were covered by the County's insurance policy. As a result, Indian River County's actual out-of-pocket expenses for the $3,103,457.56 in insured losses, from just Hurricane Frances, were $500,000 (Indian River County also suffered $500,000 for out-of-pocket expenses associated with Hurricane Jeanne). Indian River County's self-insured retention (deductible) at the time of Hurricanes Frances and Jeanne was thus $500,000 per storm. There were no individual deductibles by facility. Therefore, Indian River County attempted to allocate the deductible by pro-rating the $500,000 proportionately across the Project Worksheets (PW's) written with respect to Insured losses. For example, if a PW represents 5% of the total amount of insured PW's for a storm, then the Indian River County allocated 5% of the $500,000 per storm deductible to that PW. Please find attached a spreadsheet which provides a breakdown of Indian River County's application of the $500,000 payable under Hurricane Frances and the $500,000 payable under Hurricane Jeanne. This calculated amount is shown in Column N of the spreadsheet for Hurricane Frances and Column P for Hurricane Jeanne. It would not have been appropriate, however, to allocate any insurance proceeds to losses that were not covered by the County's insurance policies. Further, FEMA's deduction of $500,000 from PW 5313, as a "Duplication of Benefits" is in violation of the Stafford Act. The Stafford Act does require FEMA to assure that its assistance for any loss does not duplicate assistance received for that loss "from any other program or from insurance or from any other source." However, the Act specifically states that "receipt of partial benefits for a major disaster or emergency shall not preclude provision of additional Federal assistance for any part of such loss or need for which benefits have not been provided." [Section 312(b)(3)] In this case, the County's receipt of assistance from its insurers for its insured losses "shall" not preclude assistance for the uninsured losses suffered by the County for its 800 MHz communications system. Thus, it was improper, and in violation of Section 312(b)(3) of the Stafford Act, for FEMA to have de-obligated the $450,000. Therefore, Indian River County respectfully requests that you grant this appeal. Re pec fully submitt • Jason prow , Director Coun 0 ice of Management and Budget, Cc: Dylan Reingold, County Attorney Ernest B. Abbott, Special Counsel, Indian River County 242 1 BOARD OF COUNTY COMMISSIONERS 1801 27`h Street, Vero Beach, Florida 32960-3388eiVERC- r1 Office of Management& Budget sr Telephone: (772)226-1214 �k-1•,•x�� ,/ '-C April 13, 2015 ORO"- Bryan RO'Bryan W. Koon, Director, Division of Emergency Management Attention: Bryan Lowe, State Public Assistance Officer 2555 Shumard Oak Boulevard Tallahassee, FL 32399 RE: FEMA-1561-DR-FL Project Worksheets 3571 and 5784 This letter serves as Indian River County's appeal of the determination by FEMA to deobligate funds relating to the 2004 storm Hurricane Jeanne as outlined in that Project Worksheet Report #3571 and #5784 for FEMA-FL-DR1561 (the "Project Worksheet Report"). Project Worksheet 5784 funded restoration work on the County's grounds and structures at Wabasso Beach Park in the amount of $1,038,731.86. The project was closed out after final inspection, confirming that the eligible amount was $1,038,731.86. The theory of the deobligation is that the disaster assistance provided by FEMA in PW 5784 had duplicated insurance proceeds received by the County. The PW observes that the County had received a $500,000 payment from one of its insurance companies with respect to damage suffered by Hurricane Jeanne. Version 3 of PW 5784 then deobligated $500,000 from PW 5784, apparently out of belief (1) that the $500,000 received by the County had not already been addressed in other project worksheets written with respect to other (insured) losses suffered by the County,' and (2) that this $500,000 amount somehow related to PW 5784. We note that after receipt of this deobligation, the State of Florida has already issued an invoice requesting the County to repay $452,000 (the federal share of the $500,000 at issue, plus $2,500). The County agrees that, pursuant to Section 312(a) of the Stafford Act, (Duplication of Benefits), "[t]he President, in consultation with the head of each Federal agency administering any program providing financial assistance to persons, business concerns, or other entities suffering losses as a result of a major disaster or emergency, shall assure that no such person, 1 If there is any error in FEMA's application of the $500,000 in insurance proceeds to PWs relating to facilities that were covered by the insurance policy, (and the County is convinced that there is not) this error should be addressed in the PWs written with respect to insured facilities. 243 Bryan Koon Page 2 of 3 business concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other program or from insurance or any other source." However, pursuant to Section 312(b)(3) of the Stafford Act, (Special rules), "[rjeceipt of partial benefits for a major disaster or emergency shall not preclude provision of additional Federal assistance for any part of a loss or need for which benefits have not been provided." Thus, receipt of insurance proceeds that pay for some losses incurred by an applicant do not duplicate the disaster assistance provided for other are received for other losses. Rules governing the duplication of benefits are also set forth in the governmental policies and FEMA policies set forth in 44 CFR 206.191 (Duplication of benefits). From the Project Worksheet Report, it appears that FEMA has de-obligated funds due to the perceived duplication of funds associated with an alleged "additional payment" of $500,000 from United National Insurance Company, under Policy CP0065469. There, however, was no duplication of funds. For Hurricane Jeanne, Indian River County suffered total losses of approximately $14.5 million of which total insured losses were $3,000,658. The County had two different insurance policies that were applicable to these insured losses. The principal insurance policy (with a number of different insurance companies2) had a deductible of $1,000,000, and so the insurer deducted $1,000,000 from the covered losses, and the County received proceeds of$ 2,000,658 from the excess insurer(s). This payment of insurance proceeds necessarily could only be attributable to damage to property covered by the insurance policy. Second, the County had contracted with United National Insurance Company to reduce the uninsured exposure created by its $1,000,000 deductible. This policy covered losses up to a wind sub-limit of $500,000, for losses in excess of $500,000. So in addition to the $ 2,000,658 received from its excess insurers, the County received $500,000 from United National Insurance Company. Again, this insurance payment was issued with respect to facilities that were covered by the County's insurance policy. As a result, Indian River County's actual out-of- pocket expenses for the $3,000,658 in insured losses, from just Hurricane Jeanne, were $500,000 (Indian River County also suffered $500,000 for out-of-pocket expenses associated with Hurricane Frances). Indian River County's self-insured retention (deductible) at the time of Hurricanes Frances and Jeanne was thus $500,000 per storm. There were no individual deductibles by facility. 2 Name of insurance company(s) 244 Column P for Hurricane Jeanne. It would not have been appropriate, however, to allocate any insurance proceeds to losses that were not covered by the County's insurance policies. Further, FEMA's deduction of $500,000 from PW 5784, as a "Duplication of Benefits" is in violation of the Stafford Act. The Stafford Act does require FEMA to assure that its assistance for any loss does not duplicate assistance received for that loss "from any other program or from insurance or from any other source." However, the Act specifically states that "receipt of partial benefits for a major disaster or emergency shall not preclude provision of additional Federal assistance for any part of such loss or need for which benefits have not been provided." [Section 312(b)(3)] The State of Florida has invoiced Indian River County $183,170.66 for Hurricane Jeanne/Purchasing Warehouse/ PW 3571. FEMA had de-obligated this amount. Indian River County filed an appeal on October 25, 2010 to Major P. May, FEMA Region IV Administrator. In this case, the County's receipt of assistance from its insurers for its insured losses "shall" not preclude assistance for the uninsured losses suffered by the County for work associated with the grounds and structures at Wabasso Beach Park and the Purchasing Warehouse. Thus, it was improper, and in violation of Section 312(b)(3) of the Stafford Act, for FEMA to have de- obligated the $450,000 for PW 5784 and the $151,949.19 for PW 3571. Therefore, Indian River County respectfully requests that you grant this appeal. Res - tfully subm I -• 0 Jason :ro n, Director Coun y Off ce of Management and Budget, Cc: Dylan Reingold, County Attorney Ernest B. Abbott, Special Counsel, Indian River County 24 U.S.Department of Homeland Security FEMA Florida Recovery Office 36 Skyline Drive Lake Mary,FL 32746 oEri�F.� ���� FEMA �ND SE June 17, 2010 TO: Robert Seibert Lead Deputy Public Assistance Officer State of Florida, Division of Emergency Management FROM: Sidney Melton Public Assistance Infrastructure Branch Director SUBJECT: Insurance Coverage Indian River County PA-ID: 061 99061 00 FEMA DR-1561-FL Project Worksheet(PW) 3571 In accordance with the Stafford Act, Sections 101(b) (4) and 312(c)), all eligible costs associated with a project must be reduced by the greater of actual or anticipated insurance proceeds. FEMA must evaluate the insurance coverage for each PW based upon the policy information provided by each Sub grantee. PW 3571, version 0, had repair cost damages on the %Purchasing final cost for plaWarehouse in the cement of ount of $186,886.18. This number was used to invoke the building is $334,558.40. All of the$186,886.18 were insurable costs and damage was caused by an insured peril. Applicant has provided FEMA with a Statement of Loss issued by CJW Associates with an attachment by MKA documenting hurricane d�ages ossfor and Indian othe document County and confirm that the the ddamages down per facility. The statement insurance deductibles were met and insurance proceeds were received. The insurance carrier only identified $34,763.28 in damages for the Purchasing Warehouse which is $152,122.90 less than reported to FEMA. Since the insurance deductible has already been met this entire amount is additional proceeds that should be obtained from the insurance carrier. PW 3571 will be processed with a reduction for Anticipated Insurance Proceeds in the amount of $152,122.90 by Aug 30, 2010, unless we are ln r�azehouse or denial letterdcumentation the insurance thatthat quotes and company that shows an opened claim for Purchasing interprets policy language as justification for the denial of the additional funds. www.fema.gov 2, BOARD OF COUNTY COMMISSIONERS 18012751 Street Vero Beach, Florida 32950-3388 OVER Office of Management&Budget j Telephone: (172)226-1214 August 27,2010 imp' Robert Seibert Lead Deputy Public Assistance Officer State of Florida,Division of Emergency Management 36 Skyline Drive Lake Mary,FL 32746 Re: FEMA--FL 1561-DR-FL FEMA PW#3571 Dear Mr.Seibert: Indian River County is writing to appeal the Federal Determination regarding project or account eligibility as stated in the letter dated June 18, 2010 from Sidney Melton, Public Assistance Infrastructure Branch Director. Indian River County is appealing the de-obligation of Project Worksheet (PW) 3571 due to the fact that FEMA has deducted$152,122.90. This calculation is based on the difference between eligible damages of $186,886.18 and insurance proceeds of$34,763.82; however, the County received total insurance proceeds of $74,563.12. These proceeds were split by the insurer between Hurricanes Frances and Jeanne. This was done due to the fact that these storms occurred three (3) weeks apart. The damages were estimated after the second storm. Since it was difficult to determine how much damage was caused by each storm, the insurer pro-rated these amounts. The County did not receive a PW on this building for Hurricane Frances. if you have any questions or would like to discuss this information, please contact me at (772) 226-1214. Sin- rely, • ' ,. ti r1/' J. -en Univn _. • Di r,Management&Budget cc: Sidney Melton,Public Assistance Infrastructure Branch Director 24 RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, ORIDA, AMENDING THE FISCAL YEAR 2014-2015 ET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year2014-2015 etas ore specifically set forth in Exhibit "A" attached hereto andy thsreference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD IDA, O FiscalCOUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,das set forth in Exhibit "A" upon ar 2014-2015 Budget be and hereby is am adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2015. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Wesley S. Davis, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIE CY BY COUNTY ATTORNEY 2e xhibit "A" Resolution No.2015 i 1 r pier Budget Amendment:014 Budget Office Approval: Jason E. =rown, Budget Director Entry Account Number Increase Decrease Fund/Depart, enUf�ccount Name Number �/ 1. Revenue General Fund/Non-Revenue/Cash Forward-Oct 1st 001039-389040 $452,500 $0 Optional Sales Tax/Non-Revenue/Cash Forward-Oct 315039-389040 $660,765 $0 1st Expense General Fund/Communication-Emergency 00110719-034550-04037 $452,500 $0 Services/Other Professional Services Optional Sales Tax/Admin Bldg/Refunds-FEMA 31512113-036690-02004 $183,171 $0 Optional Sales Tax/ParksIWabasso Beach Park/ 31521072-036690-06052 $477,594 $0 Refunds-FEMS 24 DEPARTMENTAL MATTERS Indian River County )a,E cy..." Inter-Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: April 27, 2015 SUBJECT: Quarterly Budget Rep. FROM: Jason E. Brown Director, Office of Manag- - & Budget Attached is the staff report for the second quarter of fiscal year 2014/2015. Staff will make a presentation at the Board meeting. ATTACHMENT Quarterly Budget Report APPROVED AGENDA ITEM: BY: *. I .i Indian River County Ap.roved Date osep r A. Baird Administrator l`' 9� i County Administrator County Attorney ,t: `I Budget 4 0 /2, F• ': May 5, 2015 Department Risk Management 250 Financial Indicators Snapshot-March 2015 Compared to Prior Year Compared to Budget %Variance %Change %Change Year- Current %Variance Report Current Month to-Date Month Year-to-Date Comments Revenues Gas Tax(Fund 109) * 10.3% * 11.9% lit 13.7% lik. 15.3% Up from last year and budget-price of gas has fallen-increase in volume Optional Sales Tax(Fund 315) 4. 7.5% 6.6% 17.1% 21.4% Thru March collections-trend is positive-YTD figures have exceeded prior year by$407,107 Half Cent Sales Tax 6.5% 5.4% * 4.5% * 7.2% YTD figures have exceeded prior year by$184,001 Traffic Impact Fees(Fund 102) lir -5.3% -0.4% / -8.6% 05 - 18.1% Varies by month- Impact Fees(Fund 103) -30.1% * 43.3% *116.1% 240.6% Varies by month- Tourist Tax * 22.9% * 23.0% * 13.0% * 22.1% Tourist Taxes have exceeded the budget by �''7 ^ $178,535. Franchise Fees-TOTAL v -6.2% V -2 6% Overall Franchise Tax revenue is down$117,796 for the year. Recreation Revenues NCAC = 28.4% <3. -6.5% = 8.6% =11.5% Pool closed for refurbish Nov 3-Dec 22-Revenues --- coming back GAC Z a lot! . 538.9% 792.1% =430.8% Pool open year round this year-revenues up $13,039 YTD Recreation 63.7% -.1:Z37, `�i/ V-12.5% �^��--55.4% N.±"j,..-45.1% South County Adult Athletics down from last year Profit&Loss Building Dept .0. n/a� n/a Building Department trend is very positive Golf Course lirn/a n/a Total Rounds are down 356 or 0.6%YTD.Net _ income of$982,621 vs$833,530 from last year Fleet n/a n�a Fleet YTD net income of$130,640 vs$72,601 from last year SWDD . n/a litn/a SWDDYTD 22fro ncstyear$4,580,133 vs $3,716,422 from last year Shooting Range n/a NO. n/a Shooting Range YTD net income of($2,299)vs $1,674 from last year 251 OC U GJ C n L } , 0 Leo vi~ r «N• 1.0w 9i c u 3 wc o ct tn O X E Y m * p Ncu E al Dl Q01 to U m H aai H /o E (3j v to •` a co 0 c 4 a N N o > L v CLI a, L p o O N N c y CU X v a +. 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U H In C a) c 'gal ..1:1. 10 Ci 01 M In .-1 ` Y I- V LLei ON.-I N N N co To N Ue .i N m O 1 U L7 1 O W 0 257 FY 2014/2015 BUDGET RECONCILIATION October 1, 2014 to March 31, 2015 Budget Approved Budget as of October 1, 2014: $ 260,379,973 Fund Item Description Budget Amendment Grants Received 001 FDOT Grants 278,317 9 001 Express Corridor Grant 158,186 9 001 Transit State Block Grant 81,850 9 001 FTA SEC 5311 Grant 71,943 5 001 Emergency Management Performance Grant 76,617 2 001 CERT Grant 5,461 5 001 FTA SEC 5307 Grant 967,175 9 001 Homeland Security Grant 17,777 5 001 EMPA Grant 38,745 5 001 FP&L Disaster Preparedness Grant 18,000 5 001 DOJ SCAAP Grant 50,885 2 001 State Library Aid 39,180 2 001 FTA SEC 5339 Grant 457,662 5 001 FP&L Food for Families 500 5 004 Vero Codgers Donations 3,284 5 108 Section 8NASH Grant 77,908 5 109 DOT/LAP Grant 171,517 5 111 Stormwater/Egret Marsh Rake Grant 175,000 5 114 EMS County Awards Grant 25,048 2 121 Drug Testing Grant 5,366 5 121 MACE Grant 57,250 5 124 MPO/FDEP MLK Trail Grant 150,000 7 315 DOT Lap Grants 1,211,453 10 4,139,124 Projects Carried Forward from FY 2013/2014 001 Human Resources/Professional Services 800 1 001 County Attorney/Legal Services 60,184 3 001 North County Library/Books 1,337 3 001 North County Library/Carpeting 125,000 7 001 Parks/Automotive 24,207 1 001 FPL Grant/Automotive 27,714 1 001 Emergency Mgmt/Other Contractual Services 8,756 3 001 Senior Resource Association 137,276 3 004 Planning/Legal Services 41,150 3 004 Road &Bridge/Other Contractual Services 32,362 9 004 Recreation/Outside Printing 2,360 1 102 Road Improvements 5,432,000 3 103 Parks/Wabasso Beach Parking Expansion 30,454 3 103 Parks/South County Intergenerational Multi-Purpose Facility 2,383,805 3 103 Parks/Sporting Clays 381,376 3 103 Parks/IRLT Lagoon Greenway 302,000 3 103 Landfill/C&D LF Slopes- Seg 1 26,000 3 103 Public Buildings/Land 255,000 3 103 Public Buildings/Refunds 35,250 3 103 Law Enforcement/Transfer Out 100,000 3 103 Corrections/Transfer Out 148,068 3 103 Corrections/Refunds 36,587 3 103 Fire Rescue/Other Machinery&Equipment 57,850 1 F:\Budget\Quarterly Budget Reports\Budget Amendment History 258 103 Fire Rescue/Station#13 560,000 3 106 Court Facilities/Courthouse Security System 24,742 1 108 Section 8/TBRA Grant Expense 266,507 3 109 Road Improvements 2,447,350 3 109 Other Contractual Services 480,751 9 111 Public Works/Other Professional Services 51,466 3 111 Stormwater/Egret Marsh Harvest Rake Upgrade 53,000 5 111 Stormwater/Other Contractual 20,666 3 111 Traffic Engineering/Automotive 67,230 1 111 Traffic Engineering/Other Contractual Services 3,468 1 111 Road & Bridge/Heavy Equipment 460,262 1 111 Road & Bridge/Other Machinery& Equipment 140,587 1 111 Road & Bridge/Automotive 164,033 1 112 Special Law Enforcement/Sheriff 11,221 2 114 Fire Rescue/County Awards Grant EMS 17,138 3 114 Fire Rescue/Maint-Buildings 66,610 3 114 Fire Rescue/All Travel 6,653 3 114 Fire Rescue/Tuition-Registration 16,392 3 114 Fire Rescue/Fire Station#7 Rennovations 500,000 3 114 Fire Rescue/Fire Station#1 Rennovations 750,000 3 120 912 Surcharge/Maintenance Equipment 5,157 1 124 Transit Hub Project 59,717 3 126 Multi-Jurisdictional Law Enforcement/Sheriff 10,359 2 128 Sector 3 Post Construction Monitoring 109,757 3 128 Sector 3 Renourishment- Post Hurricane Sandy 5,391,345 3 128 Beach Restoration/Near Shore Reef 56,900 3 129 CDBG/Neighborhood Stabilization Project 1,721 7 130 CDBG/Neighborhood Stabilization 3 Project 26,780 7 134 Library Bequest Funds 5,330 3 136 HUD Grants 76,200 3 137 Traffic Education 7,776 3 140 Court Facility Surcharge/Maintenance-Other Equipment 4,704 1 140 Court Facility Surcharge/Courthouse Security System 263,588 1 140 Court Facility Surcharge/New Courtroom Facilities 250,000 3 145 Land Acquisition Bond/Jone's Pier 29,937 3 185 Vero Lake Estates/Peition Paving 686,492 3 308 Dodgertown Reserve 128,248 7 315 Agencies/SRA Bus Shelters 30,039 3 315 Facilities Maintenance/New Courtroom Facility 1,000,000 3 315 Facilities Maintenance/Gifford Community Center Improv. 17,160 5 315 Fire Services/Automotive 653,982 1 315 Parks/South County Intergenerational Multi-Purpose Facility 3,944,970 3 315 Parks/Other Improvements Except Buildings 24,252 1 315 Parks/Gifford Park Improvements 29,376 3 315 Road & Bridge/Road Projects 12,285,314 315 Road& Bridge/Traffic Fiber Optics 10,742 1 315 Traffic Engineering/CCTV Water Tower Cameras 29,025 1 315 Public Works/Land 400,000 3 315 Public Works/Osprey Marsh 2,998,757 3 315 Sheriff/Detention Center 12,525 2+3+10 315 Sheriff/Law Enforcement 685,000 3 315 Landfill/41st Brownfield Assessment 81,079 3 471 Wastewater Treatment/Other Professional Services 1,200 1 471 Water Production/Other Professional Services 4,966 1 502 Self Insurance/General Liability 1,600 1 505 GIS Department/Other Professional Services 118,054 3 45,199,664 F:\Budget\Quarterly Budget Reports\Budget Amendment History 25c Donations/Contributions 001 Donations/Library 23,134 2+7 23,134 Unbudgeted Items 001 County Attorney/Legal Services 500,000 9 001 Property Appraiser/Transfers Draw 7,667 2 004 Recreation/Fireworks 146 8 004 Shooting Range/Special Pay 2,692 10 004 Road & Bridge/Other Contractual Services 20,875 9 004 County Planning/Legal Services 130000 10 004 Telecommunications/Communication Equipment Maintenance 4500 10 103 Impact Fees/Public Buildings/Refunds 152,068 5 103 Impact Fees/Fire Rescue Station#14 25,650 9 103 Impact Fees/Cash Forward 57,076 9 108 Section 8/Unemployment Compensation 1,140 5 108 Section 8/Special Pay 1615 10 109 Secondary Roads/45th Street Beautification 450,000 5 114 Fire Rescue/Property Appraiser 923 2 114 Fire Rescue/Station#13 1,667,327 9 114 Fire Rescue/Automotive 943,253 9 119 Historic Dodgertown/Maintenance-Other Equipment 50,000 9 124 MPO/MLK Walking Trail 44,000 7 126 Law Enforcement Trust Fund/Confiscated Properties 3,215 6 133 Florida Boating/Boating Facility 57,076 9 145 Land Acquisition/Other Professional Services/Jone's Pier 62,000 5 171 East Gifford Stormwater/East Gifford Drainage 19,000 7 245 Land Acquisition/Property Appraiser 217 2 315 Optional Sales Tax/Public Works/East Gifford Drainage 231,000 7 315 Optional Sales Tax/Sheriff/Detention Center 116,629 9 441 Building Dept/New Positions 114,367 4 441 Building Dept/Incentives 30,000 7 471 Utilities/COLA 6,393 2 4,698,829 Total -All Amendments 54,060,751 Total Budget as of March 31, 2015: $ 314,440,724 F:\Budget\Quarterly Budget Reports\Budget Amendment History 26 AVER .L!- � 1 051051201 5 ,1 Z Office of J ttor n s 1llatten- j' l . - -am INDIAN RIVER COUNTY � 'iOR1Q'/ ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Chris Mora, Public Works Director . I . 4 FROM: William K. DeBraal, Deputy County Attorney �..✓ DATE: April 28, 2015 SUBJECT: Declaring unaddressed strip parcels to the north of 4465 28th Avenue and west of 1305 34th Avenue, Vero Beach to be unbuildable and the parcel located at 116 N. Hickory Street, Fellsmere to be surplus The County Attorney's Office has been approached by three property owners about purchasing County owned strip parcels or unbuildable lots that are adjacent to property they already own. The parcels are as follows: 116 N. Hickory Street, Fellsmere, FL. This property escheated to the county for non-payment of taxes over 12 years ago. It is a 50' X 125' single family lot with no improvements. The parcel lies within the City limits of Fellsmere. In 2013, this lot was included in an auction of various County owned surplus lots. At the auction, this lot was combined with two others and the winning bid for the three lots was $2,100. The winning bidder paid the 10% deposit but never proceeded to close on the lots. The deposit was retained by the auction company as liquidated damages. Kenny Godfrey owns the lot to the north and to the south of the parcel at issue. Please see Exhibit "A" attached. Since the auction sale did not go through, Mr. Godfrey has offered to buy the vacant lot for $700 or one third of the winning bid for the three parcel auction price. Pursuant to Florida Statutes (copied below) a county may conduct a private sale of real property if the value of the unbuildable parcel is less than $15,000 and adjacent property owners are notified of the sale via certified mail. The Property Appraiser's office lists the value of the lot at $5,000. Recommendation. Due to the narrow width of the property, the length of time spent on the list of lands available and the location of the lot, Staff recommends declaring the property surplus and authorizing staff to send out the notices required by law. If no other adjacent property owners express an interest in purchasing the lot after notified, Staff recommends the sale of the lot to Mr. Godfrey at the price of $700.00. Unaddressed lot to the north abutting 4465 28th Avenue, Vero Beach. The Trustees of Mt. Sinai Baptist Church own the lot located at 4465 28th Avenue. It is currently being used for church parking. r' Indian River Co. • pr'ved Date APPROVED FOR S - 15 — Admin. P,�0'11/M11 B.C.C. MEETING - RE ' LAR AGENDA co.Atty. irjallgallniry�na Budget �1��fit ''.UNNY ATTORNEY) Dept. (��� 261 Unaddressed property north of 4465 28th Avenue Unaddressed Property west of 1305 34th Avenue Parcel Located at 116 N. Hickory Street, Fellsmere April 29, 2015 Page 12 Pastor Ingram has inquired about the status of the County owned lot directly north of the church owned parcel. Please see Attachment "B". The lot measures 25' X 100' and is unbuildable due to its size. The parcel escheated to the County in 1994 and is currently unimproved. Title work has not shown the property to be a paper street or right-of-way. Pursuant to the statute, the County may then sell the property to the church without going through the public bidding process. The abutting landowners would have to be provided notice via certified mail of the County's intensions. If no objections are made by the neighboring landowners within 10 working days of receipt of the notice, the sale may be made to the church. Recommendation. Due to the lot being unbuildable because of its width and the 21 years spent on the list of lands available, Staff recommends declaring the property surplus and authorizing staff to send out the notices required by law. If no other adjacent property owners express an interest in purchasing the lot after notified, Staff recommends the sale of the lot to the Trustees of Mt. Sinai Baptist Church at the price of $100.00. Unaddressed Property Directly West of 1305 34th Avenue, Vero Beach. The current owners of the property at 1305 34' Avenue, John Vincent O'Reilly II and Carolyn Chung O'Reilly, purchased the property in February 2015. This 25' X 201' strip of property is another escheated parcel having been on the list of lands available since 2001. Please see Exhibit "C" attached. The strip is unimproved and title work does not reveal it to be an old alley or right-of-way. Therefore, the County does not have to go through the right-of-way abandonment process and the required public hearing and newspaper advertisement in order to sell the property. As with the other unbuildable strip, the abutting property owners will need to be notified via certified mail of the county proposed action concerning the strip. If no objections are made by the neighboring landowners within 10 working days of receipt of the notice, the sale may be made to the O'Reillys. Recommendation. Due to the lot being unbuildable because of its width and the 14 years spent on the list of lands available, Staff recommends declaring the property surplus and authorizing staff to send out the notices required by law. If no other adjacent property owner expresses an interest in purchasing the strip lot after receiving notice, Staff recommends the sale of the lot to Mr. and Mrs. O'Reilly at the price of $100.00. Funding. Funding for each of these three matters will come from General Fund/County Attorney/Postage – Account # 00110214-034210. Costs will be less than $150.00 for certified mailing of the required notices. 125.35 County authorized to sell real and personal property and to lease real property.— (2) When the board of county commissioners finds that a parcel of real property is of insufficient size and shape to be issued a building permit for any type of development to be constructed on the property or when the board of county commissioners finds that the value of a parcel of real property is $15,000 or less, as determined by a fee appraiser designated by the board or as determined by the county property appraiser, and when, due to the size, shape, location, and value of the parcel, it is determined by the board that the parcel is of use only to one or more adjacent property owners, the board may effect a private sale of the parcel. The board may, after sending notice of its intended action to owners of adjacent property by certified mail, effect a sale and conveyance of the parcel at private sale without receiving bids or publishing notice; however, if, within 10 working days after receiving such mailed notice, two or more owners of adjacent property notify the board of their desire to purchase the parcel, the board shall accept sealed bids for the parcel from such property owners and may convey such parcel to the highest bidder or may reject all offers. 262 Indian River County, Flpritia-Pfefferty Appraiser.-_Property Dates Page 1 of 1 LEX !" HB1T t A ii } • Data For Parcel 31370000009080000011.0 Base Data - „ Parcel: 31370000009080000011.0 �• Owner: INDIAN RIVER COUNTY, .##' �t.a` Fe115rrrrrrA �N!" Site , r Address 116 N HICKORY ST, FELLSMERE, FL 32948 . r + k�+ [+] Map this property. Mailing Address Property Information Address: (LOC 4000#5015) Tax Code: 4 Address Line 2: 1801 27TH ST property Use: 8600-COUNTY FORECLOSED/OWNED City,State Zip: VERO BEACH, FL 32960 Neighborhood: 010009.00 TOWN OF FELLSMERE Appraisal Date: 4/18/2013 Legal Description -- Click here for full Secondary Owners legal description No additional owners found. TOWN OF FELLSMERE BLK 80 LOTS 11 &12 PBS 2-3 Photos No photos were found for this parcel. Notes Notes: Click here to view oblique imagery through Bing Maps. Report Discrepancy GIS parcel shapefile last updated 4/27/2015 12:16:12 AM. 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N c >OZ CVZ N aC O Z Z M w 0 w Z O N z oO J Z > C- > Z CD .4' o� SO O III O a) `'/ D 0 U M Q w u) c � a) z a Ow a) M a. 10 'a u) 00 Co y 0O Z M J '0 .D .. o U Q •Q' I < Q Q a) p To v J T m o rn Cl)c m CO LLJ Co 0 W CC a� ami °c� O Q 0- -C2 c`o 0 -I CO W o 0 W 32 C ° cxoa)01 n Z � o Qm � c— n d C. OW ...1 aHZ < J cc o (no o 2 268 County Attorney's Matters-B.C.C. 5.5.15 Office of '' . 0 ' 'I INDIAN RIVER COUNTY ATTORNEY 131 Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorney ..1, DATE: April 29, 2015 SUBJECT: State of Florida 2015 Regular Legislative Session Review The County Attorney's Office will be presenting a review of the State of Florida 2015 Regular Legislative Session before the Indian River County Board of County Commissioners. Indian River Co. A saiiived Date Approved for May 5,2015 BCC Meeting Admin. 4M. f f _$ County Attorney's Matters Co.Atty. • '166: Budgete, s{ �— Department — Risk Management --- --- COUNTY ATTORNEY 269 co O O Eli v) Li— ow O W 00 • — (i) co Ln . v1 __1 ED 0 4) N —I ,..4._ L_ O no 4� on Q) > cc 4) OC 270 a) -o 0 a) +� '= c co ' a) O — L(0 Q) Na >' E ci 4-1N cE U (1) N _0 0 Q) Q m p Ov N N _ a1 C ^S.._ N a) -0 O fa V O a_ N t ca 4- 1-i- ;.7, 4-+ ( c N D = m p = > Q 0 0j LOQ O O < t]A a) U U t 2 ';. � 7' co a� F— Q> QQ)j >. 0 i• O >. ca _0 4- 493 o .— Q) -0 a) c p CL N _TD a) LO L1 sL •- ALO CE c O (13 CU • (13 C Q " QO _a ( - o' to N `i- ,—i °N' i O — a w = - 0_ . > Emo °° w N N .�, U I CC •� Q) • • ce • 271 N C CU 4-+ U Q N CO CO O (1) Q m O 4-, CO U - CO a, > 3 m LA a) > O a) 0 . _ a) o L.... .0 E a) O co a) co •— a) i - — Cl o '3 L.- 0 o a) .- O O C o 0o in- +-, O N N -0 U 13) a) o OC z 2 (t3 LL `4- O V) c CO ru 4-1(� >• U >� •p o = cv o co U U O O 0 O N O N t� 4-+ > :7, > CU (1) co a, m – 'U ce C - C O N a) CD til no C Q s :-E3 C _CLn cn c C u c CU C I- •'- CU CCI • 272 •3 V) C Q) Q 2 co 4J co -1--) 3 L. a) 00,3 d. 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C1J L 4 ca ai c ca a. •3. i o co a) .471 W U 2 O ti) co g a CU Z in O 0 n V 00 tii.Pt — m a-+ N +a_ 00 ca O• N 000 d' •cam N -000 o m 0 Em a- h � rn 5� x °U n E06 Lm 1) ca � � 1 ' 2m O N0 V) 0 o 8 ,-1 ..... 06 to to 006 _ 06 4"j 4-1 06 c w � N cm co cm u -D m •� �Fib� c0 r-1 c0 O ct Om 3m Om Om Om ...lU of a. 2 OC2 OCcn OC2 • • • • • • 276 J 4-) c W E 73 C W E Q co a--+ CO 0- D D U) 3 • 277 County Attorney's Matters-B.C.C. 5.5.15 Office of INDIAN RIVER COUNTY (AO 13C'.. Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney(i)/(2 ---'/v DATE: April 27, 2015 SUBJECT: City of Vero Beach-Indian River Shores-Indian River County Mediation Update BACKGROUND. On May 1, 2015, representatives from Indian River County, the Town of Indian River Shores and the City of Vero Beach will be attending a second mediation concerning issues pertaining to the City of Vero Beach electric utility. This mediation is being conducted pursuant to the Florida Governmental Conflict Resolution Act as set forth in Chapter 164 of the Florida Statutes. I would like to present the Indian River County Board of County Commissioners with an update on this second mediation. FUNDING. Any costs of participating in the Florida Governmental Conflict Resolution process are to be split evenly between the primary conflicting governmental entities. The funding for participating in the Florida Governmental Conflict Resolution process will come from MSTU Fund/Cash Forward. Indian River Co. A•'r�roved Date Approved for May 5,2015 BCC Meeting Admin. 01 Vol.f, County Attorney's Matters Co.Atty. ..iw -Budget z Department Risk Management --- --- COUNTY ATTORNEY F.4uom.y L.,do:GENEBALB C CAgenda MemosElecnic Unity Mn Wiow Upda r May J.doe 278 May 5, 2015 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 29, 2015 SUBJECT: Indian River Lagoon Council Membership Consideration Agenda Item FROM: Tim Zorc Commissioner District 3 :__ I would like to discuss Indian River Lagoon Council Membership consideration. 279 RECEIVED AT IRC-BCC MEETING } s Date Item# • Li By Indian River Lagoon National Estuary Program Deputy Clerl Estimated Revenues and Expenses l Est. Initial Annual Est. Ongoing Estimated Revenues Revenue Annual Revenue SJRWMD Contribution $500,000 $250,000 SFWMD Contribution $500,000 $250,000 FDEP Funding $250,000 $250,0004 cor^:41-M#.ZT • County Contributions $250,000 $250,000 Total Estimated Contributing Revenues $1,500,000 $1,000,000 Estimated Annual Estimated Annual Estimated Expenses Expense Expense Salaries& Benefits $370,991 $370,991 Operating Expenses $216,963 $216,963 Capital Outlay $4,625 $4,625 Contingency (15%) $88,887 $88,887 Total-Estimated Expenses $681,467 $681,467 Net Available for Grants $818,533 $318,533 Note: Please see the supporting documents attached for information regarding the estimated revenues and expenses used in this projection. Only contributing revenues are included in this estimated. Likewise, only agency expenses are included while project/grant expenses are excluded. t PA ) a.gots g ,C)0.0'9° a ZC-421,L..e vla 7 Draft 7 9.9 .1 F:\Budget\Jason\MISC\Indian River Lagoon National Estuary Program-Estimated Operating Expenses 11/14/2014 1ECE 91 AT I Sa tr. i 1177 ,I'1" Date Item# m By Deputy Clerk ^' a 4-1 N Cr o .-1 o c >, - c a co m 00 I� 0 rn ° a a v m 00 I� 0 Q1 E al u, `o CL O a ro '� N 00 ami of 4 ,c�, Q c L ra v � V> V} CO o (Li L ..1 v a o c vl c Vt a v v > v u Cu a o c a, Q CO 40 m c •of cu o = v a -a C 'o a -c o 5 h L a al ar c -c c Lu a c c a -, 00 if) I.D u1 in o a t ^ no 0 `^°u "'p- C's- 00 N 0 Qp , o ", Ev , gIn m m rn .-+ M v cL N In W O a alm N N ,--IO ,a; .L c •N j tiF VV)• V} V) e-1 a U > .a i y.. a C 4-/-). O •O w a a t CC t Q `�-., L c E a, 4-� ."' v1 4J 0 00 c a a 0 o •c - o v c O o a c -c v1 ..: v v.) o ch 01 CT) co.. a_ -00 L a, E a. O./ O O 00 e-I ON .a) 0.. N Cu ,r 01 LO CO Ln r-- r a c L co cu N E o L u RS ., O -ecu ii a E -,O ... O l � ^ Ov N w L m 0h ;• G, .. Q co a COa. 7 +� N ti p LO c al L. Q QJ 0 U N 0 a H L L h V /0 4 v1 \ Il h o o a 4J i > ) v v u C c c C a V w 4a ra 4- o va La o 0 U 4 -C o Ils. C v s a -S..3 0 o N. (� .0 00 L Ua v 4_, O rv1 '-= re •E U a c h `ti a, a a ' w }a C a, E Q • ° O ti a G `, a, O a a a O fC a) C0 u o y v •a a -a o w o E z Z m H °A .v U o o Q o Z 0 v o • OZi O• o O c -p a, O1 -a — >, 0 i o " 0 to O aJ v1 0. CL > O_LU h 0 o O. h i 15 L z 0 o 0- Z Z LU w Z -a — v Q,, a v v° *w0.1 b. co -c o •=' . c >, - .E o °a, a To o v EEEE c •v 3 ,,, �. a a N W O 4r i CDO ,+� >'• r-, +-, i-� ai+ O O t a Y v -0 al O U C n — • Q 0. ~ w 4- 4- 4- p . cc v a a oo = o E . .E CC o a v Lo •E v •= • •c v g c = v = s .a o v c z aL. c v E a Ts C w Z H z -cL,0 3 ° ° a t , w 4.-79- 19 •A IRL Council Budget for Fiscal Year 2015/2016 Initial Budget 2015/2016 _ —rj rJuiy Clerk Revenues: Federal 600,000 IRL License Plate 125,000 Membership Contributions 1,450,000 Total Revenues 2,175,000 1 Expenditures: 2 IRLNEP Projects 1,388,500 Salaries & Benefits 616,500 Facilities Expenses 50,000 Rent, Capital Outlay, Equipment Maintentance, Communications Administrative Costs 25,000 Postage, Office Supplies, Insurance, Printing, Travel, Publications, Subscriptions, Dues Administrative Services 75,000 Legal,Accounting/Auditing, Personnel Services, IT Services Other 20,000 Total Expenditures 2,175,000 Agency Balance 0 Fund Balance-Beginning of Year 0 Fund Balance-End of Year 0 1 Note: Some expenditures may include initial start up expenses which are unlikely to continue beyond the first budget year. 2 Projects in the IRLNEP 2015-2016 Work Plan, and IRL Council projects. a77 • � •, May 5, 2015 ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 29, 2015 SUBJECT: Fire Station Planning and Other Fire District Related Topics FROM: Tim Zorc Commissioner District 3 . 2 I would like to discuss Fire Station Planning and other Fire District related topics. 280