· April 12, 2016 Page 1 of 7 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District

April 12, 2016 Page 1 of 7

BOARD OF COUNTY COMMISSIONERS

INDIAN RIVER COUNTY, FLORIDA

C O M M I S S I O N A G E N D A

COUNTY COMMISSIONERS

DISTRICT

Bob Solari, Chairman District 5 Joseph A. Baird, County Administrator Joseph E. Flescher, Vice Chairman District 2 Dylan Reingold, County Attorney Wesley S. Davis District 1 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

Commissioner Wesley S. Davis

3. PLEDGE OF ALLEGIANCE

Joseph A. Baird, County Administrator

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation of Proclamation Recognizing the Month of April, 2016, as Guardian Ad Litem Month 1

B. Presentation of Proclamation Recognizing National Public Safety Telecommunications Week 2

Commission Chambers Indian River County Administration Complex

1801 27th Street, Building A Vero Beach, Florida, 32960-3388

www.ircgov.com

TUESDAY, APRIL 12, 2016 - 9:00 A.M.


5. PROCLAMATIONS and PRESENTATIONS PAGE

C. Presentation by Mike Vincent on Work Being Done to Rehabilitate Used Bicycles ---

D. Presentation of Awards by Becky Afonso, Executive Director, Florida Bicycle Association ---

6. APPROVAL OF MINUTES

A. Regular Meeting of March 8, 2016

B. Regular Meeting of March 15, 2016

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION

A. Upcoming Job Fairs (memorandum dated April 6, 2016) 3-6

8. CONSENT AGENDA

A. Approval of Checks and Electronic Payments March 25, 2016 to March 31, 2016 (memorandum dated March 31, 2016) 7-13

B. Resolutions Canceling Taxes on Properties to be Used for a Public Purpose

and Owned by Indian River County (memorandum dated March 29, 2016) 14-26

C. City of Vero Beach – FPL Electric Utility Sale

(memorandum dated April 5, 2016) 27-28

D. Lease Agreement with SafeSpace, Inc. for Space at the Indian River County Courthouse (memorandum dated April 5, 2016) 29-50

E. Authorization to Attend National Municipal Bond Summit (memorandum dated April 4, 2016) 51-57

F. Sole Source Purchase and Replacement of E911 Call-Taking Recorder Servers (memorandum dated April 1, 2016) 58-65

G. West Wabasso Phase II Sewer and the East Gifford Drainage Project: Request for Release of Funds (memorandum dated March 29, 2016) 66-68


8. CONSENT AGENDA PAGE

H. Approval of Resolution Adopting the 2016 Indian River County Emergency Plan for Hazardous Materials (memorandum dated April 4, 2016) 69-73

I. Approval of Renewal for a Class “A” Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety (memorandum dated April 1, 2016) 74-86

J. FIND Project Agreement No. ICW-IR-16-01 Small Scale Derelict Vessel Removal Program (memorandum dated April 5, 2016) 87-98

K. Lease Extension, Mermaid Car Wash, 1935 43rd Avenue, 43rd Avenue/SR60 Intersection Widening and Improvements, Timothy E. Tynes and Joshana Tynes (memorandum dated April 5, 2016) 99-105

L. Request for Approval to Enter into a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for a Commuter Assistance Grant (memorandum dated April 1, 2016) 106-116

M. SR 60 Vero LLC’s Request for Final Plat Approval for The Reserve at Vero Beach PD Phase 1 (memorandum dated April 4, 2016) 117-135

N. Miscellaneous Budget Amendment 016 (memorandum dated April 4, 2016) 136-138

O. Purchase of Scrub Jay Property – 10.64 Acres, 2050 Barber Street, Sebastian, Fl 32958 (memorandum dated April 6, 2016) 139-148

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None

10. PUBLIC ITEMS

A. PUBLIC HEARINGS None


10. PUBLIC ITEMS PAGE

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 Phyllis Frey Regarding Affordable

Furthering Fair Housing Rule: How it Affects Your Community 149

2. Request to Speak From GEDC Regarding Infrastructure Gifford and

Police Interaction With IRC Sheriff Office 150

C. PUBLIC NOTICE ITEMS None

11. COUNTY ADMINISTRATOR MATTERS

A. Department Head Appointments (memorandum dated April 6, 2016) 151

12. DEPARTMENTAL MATTERS

A. Community Development

1. Consideration of Recommendations from the Short Term Vacation

Rental Advisory Committee (STVRAC) (memorandum dated March 29, 2016) 152-173

B. Emergency Services

None

C. General Services

None

1. Human Services

None 2. Sandridge Golf Club

None 3. Recreation

None


12. DEPARTMENTAL MATTERS PAGE

D. Human Resources

None

E. Office of Management and Budget

1. Property/Casualty Insurance 2016-17 (memorandum dated April 4, 2016) 174-190

F. Public Works

1. Work Order No. 12 CB&I Coastal Planning and Engineering, Inc., Sector 5 Beach Restoration Project – Design and Permitting Services (memorandum dated April 5, 2016) 191-204

G. Utilities Services

None

13. COUNTY ATTORNEY MATTERS

A. Demolition Lien (memorandum dated March 18, 2016) 205-208

B. Report on Potential County-Owned Surplus Properties (memorandum dated April 4, 2016) 209-240

14. COMMISSIONERS MATTERS

A. Commissioner Bob Solari, Chairman

1. Recycling Used Bikes (memorandum dated April 5, 2016) 241

B. Commissioner Joseph E. Flescher, Vice Chairman

None

C. Commissioner Wesley S. Davis

1. Wabasso Corridor Plan Update (memorandum dated April 6, 2016) 242


14. COMMISSIONERS MATTERS PAGE

D. Commissioner Peter D. O’Bryan

1. Request the Board to Consider “Going Orange” in September for Hunger Action Month (memorandum dated April 6, 2016) 243-247

E. Commissioner Tim Zorc

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

None

B. Solid Waste Disposal District

None

C. Environmental Control Board

None

16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County’s Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. 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.

PROCLAMATION RECOGNIZING THE MONTH OF APRIL, 2016, AS

GUARDIAN AD LITEM MONTH

WHEREAS, Indian River County prides itself on giving back to the community, contributing to the quality of life among our citizens; and

WHEREAS, April has been designated National Child Abuse Prevention Month; and

WHEREAS, April 10 through April 16, 2016, has been designated as National Volunteer Appreciation Week; and

WHEREAS, the Guardian Ad Litem Program is a partnership of volunteers and staff who advocate for the best interest of abused, abandoned, and neglected children within our community; and

WHEREAS, there are approximately 209 children in Indian River County involved in the court system through no fault of their own; and

WHEREAS, there are approximately 22 abused, abandoned, or neglected children in indian River County currently waiting for a volunteer Guardian Ad Litem to be their voice.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board hereby recognizes the month of April, 2016, as Guardian Ad Litem Month in Indian River County, and urges all residents to give of their time to make a difference in the lives of our most vulnerable children by volunteering with the Guardian Ad Litem Program.

Adopted this 12th day of April, 2016. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA

~~.#u~ d -

J eph E. Flescher, Vice Chairman

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Peter D. O'Bryan

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1

PROCLAMATION ~a .. (.,..,,•D RECOGNIZING NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK

WHEREAS, emergencies can occur at any time that require police, fire, or emergency medical services; and

WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and

WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Indian River County Sheriff's Office Dispatch Center; and

WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and

WHEREAS, Public Safety Dispatchers are a vital link for our police officers and firefighters by monitoring their activities, providing them with information, and ensuring their safety; and

WHEREAS, Public Safety Dispatchers of the Indian River County Sheriff's Office have contributed substantially to the apprehension of criminals, suppression of crime, and treatment of patients. They are knowledgeable and highly trained individuals who work closely with police, fire, and medical personnel; and

WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their duties in the past year; and

WHEREAS, Indian River County Sheriff's Office Public Safety Dispatchers dispatched 233,140 calls for service for Law Enforcement and 26,319 calls for Fire Rescue in 2015; and

WHEREAS, Indian River County Sheriff's Office Public Safety Dispatchers answered 67,803 9-1-1 calls and 117,568 administrative calls; and

WHEREAS, each year, the second full week of April is dedicated to the men and women who serve as public safety telecommunicators.

NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of April 10 through April 16, 2016, be designated as National Public Safety Telecommunications Week in Indian River County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe.

Adopted this 12th day of April, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

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J eph E. Flescher, Vice Chairman

~'~~~ rn~ Peter D. O'Bryan ~

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TO:

DATE:

SUBJECT:

FROM:

April 12, 2016 ITEM 7

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

April 6, 2016

Upcoming Job Fairs ~

Peter O'Bryan ~"'y Commissioner, District 4

Attached is information on several job fairs as supplied at the Treasure Coast Council of Local Governments meeting.

3

THIS EVENT IS FREE AND OPEN TO THE PUBLIC

SKILLED TRADE PROFESSIONAL ENTRY LEVEL I STUDENTS I VETERANS

DATE/TIME/loCATION

Friday, May 6, 2016

9:00 am - 2:00 pm

8:30am

Veterans and

Pre-registered Jobseekers

9:00am

Open to the public

Indian River State College

Wolf High Technology Center

2400 SE Salerno Road, Stuart

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PRE-REGISTRATION

If attending as a jobseeker,

please pre-register on the

event page at:

www.bdbmc.org/events

Pre-registered jobseekers

and Veterans receive early

admission to the event and

early access to participating

companies and positions

available

Brought to you in partnership

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Tieasure Coast Newspapen I TCPALM.COM.

EMPLOYER/JOB LISTING

To see a list of attending

companies and positions

available, please visit

www.bdbmc.org/events

JOBSEEKER ASSISTANCE

On-site access to one-on-one

jobseeker assistance including

resume review, career

counseling, training

opportunities and more!

✓ Does it cost anything to attend?

This event is free to the oublic

·: ·•·· / W~at should I bring with me? .. · ··.· ·. . · . ' V _:; Multiple.copies of your resume, j p~n, ~aper .

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\\/~ -Profe~slonal dress is sugge~ted. ,_ ff you are in need

of in~rview attire, pl~ase contact.the BOBMC at , .

772.221.1380 who can assist you wfth questions and

locations for professional attire assis.tance . .

;;:\ ·-✓, :,, · · C~~ ;o~ h~lp me wit~ my resume bef;e :~he event? {{i ·. > ,· '.'1~ :,;, · · (. • Yes, for resume ~nd other Jobseekers assistance se;..:,ic~~ ,,' i j r · .. ...,., .. ~·-_,.-- , . :·-'. . -· , - . . ---=~ .-,;

';: '-i, /: · ,, p!eas.e contact CareerSource Research Coast at 866.482.4473 ;;

Veterans Preference Opportunities Availabie

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NOW HIRING!

April 25, 2016 10am - 3pm*

. <. . .. @ Liceos~L P1.ciciicaLNu;se:

Florida Licensed Practice ~\Jurse Ucense

Twelve (T2) (ncnths experience

.. l\vailabie to work nights and \Neekends

f'tegistered Nurse:

Florida Licensed ~{egistered Nurse

iVHnimurn 'i~Neh1e (12) tnorrchs experience

E~-<periern:e !ti pai1iative, onco1ogy, ac •. rte care

and horne h~a1th care preferred.

CareerSource RESEARCH COAST

Pre-registration required to get started, visit: http://careersourcerc.com/TCHospice

ses-4u2-H1RE ft-866-482-4473) ca reersou rcerc.corij l\n equol opportunity t:~rnp!oyt~rlprogrom. Au.xmor.v oid; 01HI 5l}rvfcps au? ovolfuhlr? L1pon re,que-st to individuols v1flh d1sc:biliti(}S.

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April 13l 2016 9am-12pm

,careerSource Research Coast

584 NW University Bvd, Suite 300

Port St. Lucie, Florida

CareerSource RESEARCH COAST

PAR·r-·riME TOLL COLLt:CTOR

JO# 10#192413

Hiring Requirernents: Receive payment by cash, issue receipts or change due to customers Assist customers by providing information needed

.. Greet all customers • 18 and older due to the hours of vvork

(2nd shift/3rd shift) • High School Diplorna or equivalent

Basic 1vlath and English test • f\/lust be flexible and wiiling to travel • Valid Florida Driver's License

Interviews \tVill Be Co11duc-ted On Site

sGG-4u2-H1RE t1-sof,-4tr.2-4473i o [J m carE;ersourcerc.co~ A n equal 01Jpor!i.mily cmpia_yf••1!prog m m. Auxiliar.v aicl, om! services arc oval/ab!~• upon rPqut,st to mrlividuols with disGbi!i/i,:,s .

JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180 1 27th Street Vero Beach, FL 32960

TO:

FROM:

THRU:

DATE:

SUBJECT:

HONORABLE BOARD OF COUNTY COMMISSIONERS

DIANE BERNARDO, FINANCE DIRECTOR

JEFFREY R. SMITH, COMPTROLLER <::::::x:t../J · March 31, 2016 ~_,,

APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 25, 2016 to March 31, 2016

In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes.

Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 25, 2016 to March 31, 2016.

Attachment:

DLB:DB

7

CHECKS WRITTEN

TRANS NBR DATE VENDOR AMOUNT 337646 03/3 J/2016 PORT CONSOLIDATED INC 41,235.83 337647 03/31/2016 JORDAN MOWER INC 315.15 337648 03/31 /2016 VERO CHEMICAL DISTRIBUTORS INC 431.50 337649 03/31/2016 ALARM PARTNERS 128.28 337650 03/31/2016 VELDE FORD INC 1,443 .56 337651 03/31/2016 KELLY TRACTOR CO 510.00 337652 03131 /2016 SAFETY KLEEN SYSTEMS INC 325.75 337653 03/31/2016 AMERJGAS EAGLE PROPANE LP 2,359.59 337654 03/31/2016 HACH CO 1,087.55 337655 03/31/2016 MASTELLER MOLER & TAYLOR lNC 21,624.50 337656 03/31/2016 KSM ENGINEERING & TESTING INC 250.00 337657 03/31/2016 BOUND TREE MEDICAL LLC 799.80 337658 03/31/2016 PETES CONCRETE 4,160.00 337659 03/3 1/2016 VERO 11'l'DUSTRJAL SUPPLY INC 41.22 337660 03/3 1/2016 EXPRESS REEL GRINDING INC 500.00 337661 03/31/2016 TIRESOLES OF BROWARD INC 4,829.34 337662 03/31/2016 BFS RETAIL OPERATIONS LLC 1,079.24 337663 03/31/2016 CARTER ASSOCIATES INC 1,010.00 33 7664 03/31/2016 GOODYEAR AUTO SERVICE CENTER 695.48 337665 03/31/2016 BAKER & TAYLOR INC 1,826.58 337666 03/31 /2016 MIDWEST TAPE LLC 1,152.52 337667 03/31/2016 NORTHERN SAFETY CO INC 367.71 337668 03/31/2016 MJCROMARKETING LLC 628 .76 337669 03/31/2016 K & M ELECTRIC SUPPLY 1,278.67 337670 03/31/2016 BAKER DISTRIBUTING CO LLC 888.00 337671 03/31/2016 ATKINS NORTH AMERICA INC 7,054.32 337672 03/31/2016 VOCELLE & BERG LLP 175.00 337673 03/31 /2016 GREENE INVESTMENT PARTNERSHIP LTD 3,426.04 337674 03/31/2016 BOYS & GIRLS CLUB OF INDIAN 1,027.62 337675 03/3 ] /2016 PST SERVJCES INC 23 ,416.57 337676 03/31/2016 CLERK OF CIRCUIT COURT 2,025.00 337677 03/31/2016 INDIAN RIVER COUNTY HEALTH DEPT 46,770.58 337678 03/31/2016 MEDICAL EXAMINERS OFFlCE 27,016.58 337679 03/31/2016 VICTIM ASSISTANCE PROGRAM 5,568.58 337680 03/3 1/2016 ROGER J NICOSIA 280.00 337681 03/31/2016 ROGER J NICOSIA 1.500.00 337682 03/3 1/2016 CITY OF VERO BEACH 58,266.40 337683 03/31/2016 CITY OF VERO BEACH 2,056.33 337684 03/31/2016 CITY OF VERO BEACH 11 ,612.50 337685 03/31/2016 INDIAN RIVER ALL FAB INC 871.25 337686 03/3 l/2016 NAN MCKAY AND ASSOCIATES INC 224.00 337687 03/31/2016 JANITORIAL DEPOT OF AMERICA INC 1,006.96 337688 03/31/2016 TRAFFICWARE LLC 746.35 337689 03/31/2016 PUBLIX SUPERMARKETS 78.66 337690 03/31 /2016 ACUSHNET COMPANY 459.44 33769 1 03/31/2016 CULTURAL COUNCIL OF IRC 8,039.91 337692 03/31/2016 EXCHANGE CLUB CASTLE 2,500.64 337693 03/3 J/2016 EXCHANGE CLUB CASTLE 2,543.52 337694 03/31/20 I 6 GEOSYNTEC CONSULTANTS INC 14,587.46 337695 03/31/2016 ST JOHNS RIVER WATER MGMT DISTRICT 490.00 337696 03/31/2016 WEST PUBLISHING CORPORATION 377.00 337697 03/3 1/2016 ELIZABETH MARTIN 97.01 337698 03/3 1/2016 DON LAWLESS 60.00 337699 03/31/2016 FLORIDA POWER AND LIGHT 24,887.46 337700 03/3 1/2016 HOLIDAY INN 642.20 33770 1 03/31/2016 FLORIDA BLUE 959.76 337702 03/31 /2016 TAYLOR MADE GOLF CO INC 142.56 337703 03/31/2016 BRE-CLEARWATER OWNER LLC 600 .00

8

TRANS NBR DATE VENDOR AMOUNT 337704 03/31/2016 NSI ALPHA CORPORATION 100.00 337705 03/31/2016 NSlALPHA CORPORATION 100.00 337706 03/31/2016 BUILDING OFFICIALS ASSOC OF FLORIDA 399.00 337707 03/31/2016 CHANNING BETE CO INC 201.95 337708 03/31/2016 INTERNATIONAL ASSOCIATION OF 275.00 337709 03/31/20] 6 ALAN C KAUFFMANN 200.00 337710 03/31 /2016 CIGNA 101.81 337711 03/3)/2016 INDIAN RIVER COUNTY H1STORICAL 2.580.95 337712 03/31/2016 RENAISSANCE ORLANDO RESORT 372.00 337713 03/31/2016 CHILDRENS HOME SOCIETY OF FL 1,857.85 337714 03/31/2016 KEEP INDIAN RIVER BEAUTIFUL INC 5,423 .05 337715 03/31/2016 BLUE CROSS BLUE SHIELD 2,162.72 337716 03/31/2016 IDEA GARDEN ADVERTISING 300.00 337717 03/31 /2016 HUMANA 254.23 337718 03/31/2016 LELCO FB TALLAHASSEE LLL 445.00 337719 03/31/2016 DAYCO ELECTRICAL CONTRACTORS CORP 1.460.00 337720 03/3 1/2016 SYMBIONT SERVICE CORP 17.088.54 337721 03/31/2016 ARCADIS U S INC 23,262.25 337722 03/31/2016 BROADCAST MUSIC INC 602.10 337723 03/31/2016 TRANE US INC 625.00 337724 03/31 /2016 POTTERS INDUSTRIES LLC 2,328.15 337725 03/31/2016 CINTAS CORPORATJON NO 2 l 85.46 337726 03/31/2016 FLORIDA DEPT OF JUVENILE JUSTlCE 40,352.39 337727 03/31/2016 SHUBIN & BASS PA 7,575.75 337728 03/31/2016 JOHNS EASTERN COMPANY INC 28,454.44 337729 03/31/2016 SUSAN HUNT 200.00 337730 03/31 /2016 MBV ENGJNEERJNG INC 586.34 337731 03/31/20 I 6 JOHN SCOTT DAILEY 432.00 337732 03/31/2016 STAPLES CONTRACT & COMMERCIAL INC 1,383.73 337733 03/3 J /20 J 6 USA SERVICES OF FLORIDA INC 5,232.50 337734 03/31/2016 GARY L EMBREY 60.00 337735 03/31/2016 KENCHATAM 160.00 337736 03/31/2016 MOHAWK CARPET DISTRIBUTION INC 4,669.68 337737 03/31/2016 1 ST FIRE & SECURITY INC 144.00 337738 03/31/2016 PETER OBRYAN 28.84 337739 03/31/2016 CHARLES A WALKER 100.00 337740 03/31/2016 EILEEN HARDING 92.07 337741 03/31/2016 FISHER & PHILLIPS LLP 2,120.00 337742 03/31/2016 DYNAMIC AIR QUALITY & COOLING INC 260.00 337743 03/31/2016 KATHLEEN P DOUGHERTY 100.00 337744 03/31/2016 RENAE CHANDLER 60.00 337745 03/31/2016 TREASURE COAST FOOD BANX INC 192.97 337746 03/3 1/2016 DANA SAFETY SUPPLY INC 286.24 337747 03/31 /2016 NICOLACE MARKETING INC 1,869.1 3 337748 03/31/2016 NEW YORK METS/ST LUCIE METS 500.00 337749 03/31/2016 SOUTHEAST POWER SYSTEMS OF ORLANDO 90.00 337750 03/3 1/2016 HOLLIS HOIER 120.00 337751 03/31/2016 FLORIDA MEDICAID 101.52 337752 03/31/2016 AMERJCHEM LAWN & PEST CONTROL INC 200.00 337753 03/31/2016 TALEISHA WOODARD 50.00 337754 03/31/2016 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 337755 03/31/2016 JEAN FELICE 5.00 337756 03/31/2016 THOMPSONS REMODELING & HOME REPAIR INC 5,775.00 337757 03/31/2016 JOSEPH CATALANO 40.00 337758 03/31/2016 RAYMOND J DUCHEMIN 40.00 337759 03/3 1/20 l 6 KEITH GROCHOLL 100.00 337760 03/31/2016 HJA DESIGN STUDIO LLC 456.25 337761 03/3 1/2016 HEATHER HATTON 120.00 337762 03/31/2016 GFA INTERNATIONAL INC 11 ,206.50 337763 03/31 /2016 AMERICAN MESSAGING SERVICES LLC 6.21

9

2

TRANS NBR DATE VENDOR AMOUNT 337764 03/31/2016 LO~'ES HOME CENTERS INC 2,513.06 337765 03/31/2016 LABOR READY SOUTHEAST INC 5,854.59 337766 03/31/2016 CARDINAL HEALTH l l 0 INC 824.97 337767 03/31/20 I 6 EMILY K DIMATTEO 10.00 337768 03/31 /2016 BURNETT LIME CO INC 3,218.60

337769 03/31/20 l 6 LEARNING ALLIANCE 7,544.73

337770 03/31/2016 STRAIGHT OAK LLC 196.32

337771 03/31/2016 SOUTHERN MANAGEMENT LLC 4,800.00

337772 03/31/2016 RYAN HERCO PRODUCTS CORP 145.90 337773 03/3)/2016 COAST TO COAST COMPUTER PRODUCTS 151.98 337774 03/31/2016 KESSLER CONSULTING INC 2,972.50 337775 03/31/2016 EAST COAST VETERINARY SERVICES LLC 90.00

337776 03/3]/20]6 COBRA GOLF INCORPORATED 252.97

337777 03/3 1/2016 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425 .00

337778 03/31/2016 LONGHORN LANDSCAPING AND SOD LLC 1,174 .50

337779 03/31/2016 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2,022.50

337780 03/31/2016 JOSEPH DJZONNO 40.00

337781 03/31/2016 KARYN BRYANT 33.07 337782 03/31/2016 GENUINE PARTS COMPANY 479.66 337783 03/31/2016 PORTER ASSOCIATES INC 175.00 337784 03/31/2016 RED THE UNIFORM TAILOR 196.80

337785 03/31/2016 BUSHNELL HOLDINGS INC 304. 12 337786 03/31/2016 MARY GOOD\VIN 46.90

337787 03/31/2016 CATHEDRAL CORPORATION 16,000.00 337788 03/31 /2016 GENERAL UNDERGROUND LLC 8,376.00 337789 03/31/2016 RS.T VENTURES LLC 424.60 337790 03/31/2016 UNIFIRST CORPORATION 532.71

337791 03/31/2016 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC . 237.66

337792 03/31/2016 DELTATCORP 44,488.00

337793 03/31/2016 DELTATCORP 16,152.00

337794 03/31/2016 BEST AMERICAN WELDING SERVICES 546.00

337795 03/31/2016 STEARNS, CONRAD AND SCHMIDT 5,422.50 337796 03/3 J /2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 483 .34 337797 03/31/2016 SITEONE LANDSCAPE SUPPLY LLC 49.56 337798 03/31/2016 GOTTA GO GREEN ENTERPISES INC 81.57

337799 03/31 /2016 CO SERVICES LLC 18,304.24

337800 03/3 1/2016 ADVANCE STORES COMPANY INCORPORATED 1,143.98

337801 03/31/2016 DAVID DUFFY 50.00

337802 03/31/2016 DENISE GILLESPIE 110.00

337803 03/31/2016 GUARDIAN ALARM OF FLORIDA LLC 198.00 337804 03/31/2016 DALTON LAWLESS 60.00

337805 03/31/20]6 FLORIDA EAST COAST HOLDINGS CORP 13,882.32 337806 03/31/20 I 6 LANSING BUILDlNG PRODUCTS INC 7,966.00 337807 03/3I/2016 ACTIVE MOBILITY & DESIGN INC 1,684.00

337808 03/31/2016 DEW BUSTERS INC 1,832.00

337809 03/31/2016 JOHN W GALLIMORE JR 29.76

337810 03/31/2016 STEVES FROZEN CHILLERS OF FLORIDA SPACE COAS' 288.00 3378)] 03/31/2016 ROCCO CAVALLO 40.00

337812 03/3 J/2016 ANDREA ENGBORG 50.00

337813 03/3 1/2016 TENEKRlA HUMPHREY 50.00 337814 03/3 1/2016 JIMEKAREED 50.00 337815 03/3 1/20 I 6 DARINIQUE ROLLE 50.00 337816 03/3 1/20 16 MASTEC NETWORK SOLUTIONS LLC 200.00 337817 03/31/2016 ALLSTATE PROPERTY 1,280.00 337818 03/31/2016 MANUEL ARAGON 95.85 337819 03/31 /2016 SUSAN BOGUSHEFSKY 5.16 337820 03/31 /2016 BARBARA CAIN 99.05

337821 03/31/2016 NANCY GAYHART 476.80

337822 03/31 /2016 JANE INGRAHAM 81.42

337823 03/3 1/2016 YANDEL JUAREZ 100.00

10,

3

TRANS NBR DATE VENDOR AMOUNT 337824 03/31/2016 JOSEPH KEATING 20.00 337825 03/31/2016 KATHERINE B KEGG 19.39 337826 03/31/2016 MARTJ R KUSEL 84.04 337827 03/31/2016 GLENDA S GVv1NN 99.20 337828 03/31 /2016 ERNEST DIBELLO 300.00 337829 03/31/2016 CURTIS N DOWLING 150.00 337830 03/31/2016 FLORIDA SWIMMING INC 428.00 337831 03/31/2016 MEDICARE PART B FINANCIAL SERVICES 736.63 337832 03/31/2016 UNITED HEALTH CARE INS COMPANY 9.60 337833 03/31/2016 GERALDA YOUNG SR 120.00 337834 03/31/2016 MC LATCH£, DOUGLAS & MARGARET 95.56 337835 03/31/2016 JOHNNY B SMITH 40.00 337836 03/31/2016 CHARLES A WALKER 80.00 337837 03/31/2016 WALLACH. KURT L & MARILYN 92.65 337838 03/3 I /2016 VERO BEACH BROADCASTERS LLC 480.00 337839 03/31/2016 YOUR AQUA INSTRUCTOR LLC 30.00 337840 03/31/2016 ALEXMIKLO 80.00 337841 03/31/2016 UMR 581.80 337842 03/31/2016 MICHAEL YOUNG 80.00 337843 03/31/201 6 WADE WILSON 120.00 337844 03/31/2016 RONALD NICHELSON 120.00 337845 03/31/2016 MARK DEAN RILEY JR 60.00 337846 03/31/2016 RUSSELL LOWEN Ill 100.00 337847 03/31/2016 BRANDON OTTO 79.60 337848 03/31/2016 BLAKE RUSSO 12.00 337849 03/31/2016 GRETCHEN I WOLFE 18.18 337850 03/31/2016 JUDITH WRJGHT 101.81

Grand Total: 690,656.50

u 4

ELECTRONIC PAYMENTS - WIRE & ACH

TRANS NBR DATE VENDOR AMOUNT 4227 03/28/2016 IRS-PAYROLL TAXES 393,501.02 4228 03/29/2016 IRS-PAYROLL TAXES 371.98 4229 03/29/2016 SENIOR RESOURCE ASSOCIATION 117,207.00 4230 03/30/2016 I RC HEALTH INSURANCE - TRUST 64,538.76 4231 03/31/2016 KIMLEY HORN & ASSOC INC 50,413 .86 4232 03/31/2016 CDM SMITH INC 2,354.50 4233 03/31/2016 VEROTOWN LLC 9,285.46 4234 03/31/2016 HEALTH ADVOCATE 361.35 4235 03/31/2016 CERIDAN COBRA SERV 72.93 4236 03/31/2016 BLUE CROSS & BLUE SIIlELD OF FLORIDA INC 5,144.31 4237 03/31/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 10,939.05 4238 03/31/2016 MUTUAL OF OMAHA 2,125.00 4239 03/31 /2016 ELITE TITLE 20,569.00


12

ELECTRONIC PAYMENT - VISA CARD

TRANS.NBR DATE VENDOR AMOUNT 1008695 03/31/2016 EVERGLADES FARM EQUIPMENT CO INC 2,902.68 1008696 03/31/2016 HENRY SCHEIN INC 1,039.44 1008697 03/31 /2016 COLD AIR DISTRIBUT ORS WAREHOUSE 267.66 1008698 03/31/2016 DAVIDSON TITLES INC 458.06 1008699 03/31/2016 DAVES SPORTING GOODS & TROPHIES 1,981.00 1008700 03/31/2016 GALLSLLC 343 .1 0 1008701 03/31 /2016 CENTER POINT INC 444.07 1008702 03/31/2016 ALLIED UNIVERSAL CORP 5,261.42 1008703 03/31/2016 THE EXPEDITER 312.51 1008704 03/31 /2016 GROVE WELDERS .INC 828. 79 1008705 03/31 /2016 FIRST HOSPITAL LABORATORIES INC 580.50


13

Office of CONSENT: 4/12/16

INDIAN RIVER COUNTY ATTORNEY

Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

Board of County Commissioners

William K. DeBraal - Deputy County"Attt , !2J-

March 29, 2016 UJY¥

Resolutions Canceling Taxes on Properties to be Used for a Public Purpose and Owned by Indian River County

Two Resolutions have been prepared for the purpose of canceling any delinquent, omitted or current taxes which may exist on the following property:

• Right-of-way (cornerclip) located at the intersection of 161h Street and 74th

Avenue; dedicated to Indian River County by Willows Development, LLC in connection with The Willows site plan/preliminary plat; Warranty Deed recorded in Book 2921 at Pages 1997-1999, Public Records of Indian River County, Florida

• Right-of-way located along Oslo Road east of 55th Avenue; purchased by Indian River County from Audrey Graves Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005; Warranty Deed recorded in Book 2905 at Pages 2230-2231, Public Records of Indian River County, Florida

FUNDING:

There are no costs associated with these Resolutions.

Approved for April 12, 2016 BCC Meeting Consent Agenda Indian River Co. A~~ved Date

Admin. ( ~ if.11114. Co. Attv. I~ ~ .I uJ ~ JI I \l

COUNTY ATTORNEY Budget -~-, { {fl, i-1/'1/i{, Department --- { j ---Risk Management --- - --·

1

14

RECOMMENDATION:

Authorize the Chairman of the Board of County Commissioners to execute the attached Resolutions to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent, omitted or current taxes can be cancelled, and to also send a copy to Fixed Assets, Budget and the County Attorney's Office.

/nhm Attachments: 2 Resolutions

cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser

2

15

Cutout from Parcel# 33-39-06-00001-0130-00001.0 Dedicated to Indian River County by Willows Development. LLC Public Purpose: right-of-way (cornerclip) 16th Street and 74th Avenue intersection

RESOLUTION NO. 2016---

A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES.

WHEREAS, section 196.28, Florida Statutes, allows the Board of

County Commissioners of each County to cancel and discharge any and all liens

for taxes, delinquent or current, held or owned by the county or the state, upon

lands heretofore or hereafter conveyed to or acquired by any agency,

governmental subdivision, or municipality of the state, or the United States, for

road purposes, defense purposes, recreation, reforestation, or other public use;

and

WHEREAS, such cancellation must be by resolution of the Board of

County Commissioners, duly adopted and entered upon its minutes properly

describing such lands and setting forth the public use to which the same are or

will be devoted; and

WHEREAS, upon receipt of a certified copy of such resolution, proper

officials of the county and of the state are authorized, empowered, and directed

1 16


to make proper entries upon the records to accomplish such cancellation and to

do all things necessary to carry out the provisions of section 196.28, F.S.;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,

FLORIDA, that:

1. Any and all liens for taxes delinquent or current against the following

described lands dedicated to Indian River County by Willows Development, LLC

for right-of-way (cornerclip) at the intersection of 16th Street and 74th Avenue, are

hereby cancelled pursuant to the authority of section 196.28, F.S.

See attached Warranty Deed recorded in Book 2921, Pages 1997-1999, Public Records of Indian River County, Florida.

2. The Clerk to the Board of County Commissioners is hereby

directed to send a certified copy of this resolution to the Tax Collector and the

Property Appraiser with a copy to each of Fixed Assets, Budget, and the County

Attorney's Office.

The resolution was moved for adoption by Commissioner ____ _

and motion was seconded by Commissioner _____ , and, upon being

put to a vote, the vote was as follows:

Commissioner Bob Solari, Chairman

Commissioner Joseph E. Flescher, Vice Chairman


Commissioner Tim Zorc

Commissioner Peter D. O'Bryan

2 17

RESOLUTION NO. 2016----

The Chairman thereupon declared the resolution duly passed and

adopted this __ day of April, 2016.

ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By ______________ _ Bob Solari, Chairman

By: __________ _ Deputy Clerk

ax Certificates Outstanding / Yes No

Current Prorated Tax Received and ____c;,._ Deposited With Tax Collector $ __ U_

3 18

H20160016954 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2921 PG: 1997, 3/24/2016 4:09 PM D DOCTAX PD S0.70

cutout from Tax Parcel I.D. 33-39-06-00001-0130-00001.0

THIS INDENTURE, made this ~ day of n1.ue~ I

2016 between WILLOWS DEVELOPMENT, LLC, a Florida limited liability company, whose mailing address is 5070 N. Highway A1A, Suite C-1, Vero Beach, Florida 32963, hereinafter called GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE.

WITNESSETH:

That GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following described land, situate, lying and being in Indian River County, Florida:

See Exhibit "A" attached hereto and made a part hereof.

GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all persons whomsoever.

STATE OF FLORIDA COUNTY OF INDIAN RIVER

WILLOWS DEVELOPMENT, LLC, a Florida limited liability company

The foregoing instrument was acknowledged before me this '21 ~ day of MoJTn , 2016, by Robert Votaw, the Manager of Willows Development, LLC, a Florida limited liability company, who executed on behalf of and with the authority of said limited liability company. He is personally ~ or has produced _________ as identification.

t#>Y ,u.,_ ~ .-•·• .,--t- .l:SSICA LANIER

it .,°bL ~ MY COMMISSION# FF 067391 ~<i' EXPIRES:Febluaiy24,2017 ""e1 ,..,,_ ll«rded Tlru Budgl!NOllry S.Vlctl

SEAL:

~,ZOil 19

BK: 2921 PG: 1998 , ..

SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY)

O ~t_!>6 ~ N89-SJ'.Js;£_ ~7"'y"" 100.00

P.O.C. SOUTHWEST CORNER OF SECTION 6, TOWNSHIP 335, RANG£ 39£ CER nFlEO CORNER RECORD 100882

TRACT 73 PLAT BOOK 2, PAC£ 25, OF THE PUBLIC RECORDS OF ST.

LUCIE COUNTY, FLORIDA; SAID LAND NOW L YING AND Be/NC IN IND/AN RIVER COUNTY, FLORIDA

NORTH R\W LINE 16TH ST. I

c:il P.0.8 . ..,I Noo·og's6"E 130.00'

-$-SOUTH LINE OF I SECTION 6-JJ-39 ~, I I

16THSTREET (ROSEWOOD ROAD)

RIGHT-OF•WA Y VARIES

f INTE-WEST EAST Vil.LAGE PHASE 1 PD PLAT BOOK 22, PAGE 59, PUBLIC

RECORDS OF INDIAN RIVER COUNTY, FLORIDA

I

I

EXHIBIT .A. CORNER CUP LEGAL OESCR/PT10N

SKETCH OF DESCRf PT10N

GRAPHIC SCALE

SKETCH OF LEGAL DESCRtPnON NOT A BOUNDARY SUR~Y

( IN FEET ) Nor

th 1 inch = 20 f t.

PLAT OF SURVEY FOR: WILLOWS DEVELOPMENT, LLC

PROJ. NO. 15-004-CC DATE: 02-05-16 DWN. BY: C.H.B.

~ . CKD. BY: S.P.T. !?I;: i" 1111S Pt.AT AHO REPORT NI£. NOT YAU> 'MTHOUT n£ SIGNATUR[ AND THE ORIGINAL . RAISEO SEAL Of THE FtORIOA RECIS'IER£0 SURVEYOR ANO IIAPPER NAIIEO HER£()!

MIIOI SICNATUR( ANO SEAi. IIAY 9£ FOUND AT 111£ OID Of lHE ATTAOIEO REPORT. THC Pl.AT AND REPa!T ARE NOT FUU AND COIIPl.ElE MTHOUT OH£ ANOTHER.

MERIDIAN LANO SURVEYORS

1717 INDlAN IU\'Ell BL'\!D,SllJTI!: ltl \'ERO &£.\(:ff. l'l.. ~ 1,8'06~

fflONE: 772-7'M-11IJ, F.4..'t: 711-,,._JDM F, MAllo 1.116905:o)Rf.l .l .SOl!TH,,.;f:T

PAGE 1 OF 2 20

BK: 2921 PG: 1999

. . .. ..

SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY)

Report of Survey: (Project # 15-004-CC) • TYPE OF" SURVEY: SKETCH OF" DESCRIPTION - NOT A F"IELO BOUNDARY SURVEY

• THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STOOOARO, INC. L.8, f6905 d.b.o. MERIDIAN LAND SUR~YORS 1717 INDIAN Rl~R BOULEVARD, SUITE 201, ~RO BEACH, FLORIDA 32960

• PROF"ESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. /15755

EXHIBIT .. A .. CORNER CUP LEGAL DESCRIP110N

Legal Description:

A PARCEL Of LANO LYING IN SECTION 6, TO~SHIP 33 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INOIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE (NOW BEING INOIAN RIVER) COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6, RUN NORTH 89"53'35" EAST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF SAID SECTION 6, A DISTANCE OF 100.00 FEET TO THE EAST RIGHT Of WAY LINE OF LATERAL •c• CANAL ( 100 FOOT RIGHT OF WAY); THENCE RUN NORTH 00'09'56" EAST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00"09'56" EAST, A DISTANCE OF 50.00 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY UN[ RUN SOUTH 44"58'15" EAST, A DISTANCE OF 70.54 FEET TO THE NORTH RIGHT OF WAY LINE OF 16TH STREET, AS IT NOW EXISTS; THENCE RUN SOUTH 89"53'35" WEST ALONG SAID NORTH RIGHT Of' WAY LINE, A DISTANCE Of 50.00 FEET TO THE POINT OF BEGINNING.

SAID PARCEL CONTAINING 0.03 ACRES MORE OR LESS.

SKET0-1 OF D£SCRIPT10N

PLAT OF SURVEY FOR: WILLOWS DEVELOPMENT, LLC

MERIDIAN LAND SURVEYORS

1717 JNDIAN RIVER BLVD, SUITE 201 YERO BEACH, FL 32960 LB#6905

PHONE: 772-79 .. 1213, FAX: 772-794-1096 E-MAJL: LB6905(ii)BELLSOUTH.NET

Legend & Abbreviations: (symbols not scaleable for size)

PLS - PROFESSIONAL LANO SURVEYOR PSM - PROF"ESSIONAL SURVEYOR &: MAPPER LB - LANO SURVEYING BUSINESS (t - CENTERLINE (Mp) - MEASURED VALUE ( ) - PLAT VALUE

CR - COUNTY ROAD R/W - RIGHT Of" WAY O.R.B. - OFFICIAL RECORD BOOK P.O.C. - POINT OF COMMENCEMENT P.O.B - POINT or BEGINNING MH'M. - MEAN HIGH WA T(R LINE

·,-,; ~<-:-··:,:,.:_:.'.'.'.~~;~~.:~~~~•::· PAGE 2 OF 2 I I• ' ,,, J:.i ('', •-: ! \ \ \ •

21

Cutout from Parcel# 33-39-20-00001-0130-00002.0 Purchased by Indian River County from Audrey Graves Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/ND May 31, 2005 Public Purpose: Oslo Road right-of-way east of 66th Avenue


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

1 .21

RESOLUTION NO. 2016---to make proper entries upon the records to accomplish such cancellation and to

do all things necessary to carry out the provisions of section 196.28, F.S.;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,

FLORIDA, that:

1. Any and all liens for taxes delinquent or current against the following

described lands purchased by Indian River County from Audrey Graves Sexton,

Individually and as Trustee of the Audrey Graves Sexton Trust U/A/0 May 31,

2005 for Oslo Road right-of-way east of 661h Avenue, are hereby cancelled

pursuant to the authority of section 196.28, F .S.

See attached Warranty Deed recorded in Book 2905, Pages 2230-2231, Public Records of Indian River County, Florida.

2. The Clerk to the Board of County Commissioners is hereby

directed to send a certified copy of this resolution to the Tax Collector and the

Property Appraiser with a copy to each of Fixed Assets, Budget, and the County

Attorney's Office.

The resolution was moved for adoption by Commissioner ____ _

and motion was seconded by Commissioner _____ , and, upon being

put to a vote, the vote was as follows:

Commissioner Bob Solari, Chairman

Commissioner Joseph E. Flescher, Vice Chairman


2 .23

RESOLUTION NO. 2016-



--

The Chairman thereupon declared the resolution duly passed and

adopted this __ day of April, 2016.



By ______________ _ Bob Solari, Chairman

By: __________ _ Deputy Clerk

ax Certificates Outstanding Yes No

Current Prorated Tax Received and -~ Deposited With Tax Collector $.----'-U __

3 .24

1120160003001 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL JK: 2905 PG: 2230, 1/15/2016 3:29 PM D DOCTAX PD $268.80

10 1,

t~<,:~ \ '\,,. u ,~-

\} ~ . ,,".':1

Prepared by and return to: George G. Collins, Jr., Esq. Attorney at Law Collins, Brown, Barkett, Garavaglia & Lawn, Chartered 756 Beachland Boulevard Vero Beach, FL 32963 772-231-4343 File Number: 10034

_____________ (Space AhovcThis Linc For Recording Dataj, ______________ _

Warranty Deed This Warranty Deed made this _jj_ y/~y of January. 2016 between Audrey Gr:l\'es Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005 whose po!-t office address is 4555 13th Street SW, Vero Beach, FL 32968, granter, and Indian River County, a Political Subdivision of the State of Florida whose post office address is 1801 27th Street, Bldg A., Vero Beach, FL 32960, grantee:

(Whenever used herein the tcm,5 "granlor" and "grantee" include all lhc panics to rhis insuumcnl and lhc heirs, legal rcpresentalivcs. and assigns or individuals. and the successors and assigns of corporations. trusts and trusl~cs)

Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged. has granted, bargained, and sold lo the said grantee, and grantee's heirs and assigns forever. the following described land. situate, lying and being in Indian RiYer County. Florida to-wit:

A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2825, PAGE 2377, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRJBED AS FOLLOWS: THE NORTH 80 FEET OF THE SOUTH 130 FEET OF THE EAST 19. 79 ACRES OF TRACT 13, LESS THE EAST 30 FEET THEREOF: AND THE NORTH 80 FEET OF THE SOIITH 130 FEET OF THE EAST 60 FEET OF THE WEST 20.86 ACRES OF SAID TRACT 13, ALL LYING IN SECTION 20, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY ffl..ED IN THE OFFICE OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LAND NOW LYJNG AND BEING IN INDIAN RIVER COUNTY, FLORIDA.

Parcel Identification Number: 33-39-20-00001-0130-00002/0

Grantor warrant, that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning aet forth in the constitution or the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 4555 13th Street SW, Vero Beach, FL 32968.

Subject to taxes for 2016 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any.

Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.

To Have and to Hold, the same in fee simple forever.

And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said

Ooublellmee

25

JK: 2905 PG: 2231

land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. except taxes accruing subsequent to December 31, 2015.

In Witness Whereof. grantor has hereunto set grantor's hand and seal the day and year first above written.

Signed. scaled and delivered in our presence:

State of Florida County of Indian River

y(.._

The foregoing instrument was acknowledged before me this _/_I_ day of January, 2016 by Audrey Graves Sexton. Individually and as Trustee of the Audrey Graves Sexton Trust U/ ND May 31, 2005, who [_g-is personally knO\\.TI or I ] has produced a driver's license as identification.

[Notary Seal) & -~~1d~0_-~ __ 0 - ,~r:q::c_;;__ Notary Public U_ Printed Name: J)Ctc-\-JCt(tA. A. "bec.i {-{,(

_:JJ ,/ I'? My Commission Expires:

Warr·an(r Dud - Pa~c 2 Double Time.,

.26

Consent Agenda - B. C. C. 4. 12.16

Office of INDIAN RIVER COUNTY

ATTORNEY

Dylan Reingold, County Attorney William K. DeBraal, Deputy County .-\ttorney Kate Pingolt Comer, Assistant County .-\ttorney

MEMORANDUM

TO: Board of County Commissioners

FROM: Dylan Reingold, County Attome~

DATE: April 5, 2016

SUBJECT: City of Vero Beach- FPL Electric Utility Sale

BACKGROUND

The City of Vero Beach (the "City") and FPL have entered into an agreement for the City to sell the City's electric utility to FPL. On two occasions, the voters of the City approved referenda supporting the sale of the City's electric utility to FPL. Since that time the negotiations between the Florida Municipal Power Agency ("FMPA"), Orlando Utilities Commission ("OUC"), the City and FPL have stalled. Representatives from the FMPA have recently expressed a desire to complete the sale.

The County Attorney seeks authorization from the Indian River County Board of County Commissioners (the "Board") to speak at the next City Council meeting and request the City Council to authorize the City's outside counsel to join in discussions with the FMPA, OUC, FPL, Indian River County and the Town of Indian River Shores to complete the sale. If authorized, the County Attorney will request to be added to the City Council agenda on April 19th, if possible.

Approved for April 12, 2016 BCC Meeting Consent Agenda

~ORNEY

F: lA1wmey,\JJnda\G£NF.RAL',B C C 'Agendti M emrulEJectnc Utility Sal .. NegctiQtions.doc

Indian River Co.

Admin.

Co. Atty.

Budget

Department

Risk Management

Ap~ved

~· 19)

oa ...-r MJ V fl'\

--- I / ---

Date

'1. '1 J/,-'-1 15 ~L. '1/ d;l

------

27

Board of County Commissioners April 5, 2016 Page Two

FUNDING

County funding for City of Vero Beach Electric - FPL issues is provided from M.S.T.U. Fund reserves. During the current fiscal year, $50,000 is budgeted for such expenses. Staff does not anticipate any costs for the County Attorney to speak at the City Council meeting. Any potential future costs associated with this item will come from M.S.T.U. Fund reserves as discussed above.

RECOMMENDATION

The County Attorney recommends that the Board authorize the County Attorney to speak at the next City Council meeting and request the City Council to authorize the City's outside counsel to join in discussions with the FMPA, OUC, FPL, Indian River County and the Town of Indian River Shores to complete the sale.

F:\.'lttorney\Linda'tG&VERAL\B C C •AgMda .Hemv:)',Efecrnc Utility Sale Negoriati-on; .doc

.28

Office of

~> i>, D V

Consent Agenda - B. C. C. 4.12.16

INDIAN RIVER COUNTY ATTORNEY

D ylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney

TO:

FROM:

DATE:

MEMORANDUM


Dylan Reingold, County Attorney ~ April 5, 2016

SUBJECT: Lease Agreement with SafeSpace, Inc. for Space at the Indian River County Courthouse

BACKGROUND

SafeSpace, Inc. is a not-for-profit company dedicated to providing assistance to victims of domestic violence in the Treasure Coast. Oftentimes, victims of domestic violence need legal assistance in a safe place such as a courthouse. Additionally, it is important to have such an organization present in the courthouse to assist victims of domestic violence. Therefore, the Indian River County Clerk of the Court, SafeSpace, Inc. and Indian River County have worked together to draft a three-year lease agreement in which SafeSpace, Inc. will utilize a vacant room on the first floor of the Indian River County Courthouse as an office to assist victims of domestic violence. SafeSpace may utilize the room between 8:30 am and 4:30 pm, Monday through Friday, except for those holidays in which the Indian River County Courthouse is closed. SafeSpace, Inc. will be required to have employees working in the Indian River County Courthouse a minimum of 20 hours per week. Indian River County will provide basic telephone service, including a single jack and telephone and outgoing service for local calls only, and data connections. Per section 125.38, Florida Statutes, the Indian River County Board of County Commissioners must also approve a resolution outlining the proposed use, the rent and the term of the lease.

Approve,lfor April 12, 2016 BCC Meeting Consent Agenda

~ ORNEY ----

P • .. 11/()rlfcy.J ,ind<1'Gl!.NE/Vlt:11 (.' C'iAl(IJnda :\lemot \SafoSp~Z(:e l.~a54:, dr1<.·

Indian River Co.

Admin.

Co. Att .

Budget De artment Risk Management

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FUNDING

The Lease Agreement will have only a nominal financial impact. Phone service and internet access will be funded from the Facilities Management department in the General Fund along with these services for other locations in the courthouse.

RECOMMENDATION

The County Attorney recommends that the Board approve the proposed resolution and the proposed Lease Agreement with SafeSpace, Inc. for the use of a room on the first floor of the Indian River County Courthouse.

ATTACHMENT{S).

Proposed Lease Agreement Proposed Resolution

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LEASE AGREEMENT

THIS LEASE AGREEMENT for a portion of the Indian River County Courthouse located at 2000 16th Ave, Vero Beach, FL 32960 ("Lease Agreement") is entered into this __ day of ______ , 2016 by and between INDIAN RJVER COUNTY. a political subdivision of the State of Florida ("County'') and Lessee, SafeSpace, fnc., a Florida not-for-profit corporation.

Witnesseth That:

WHEREAS, SafeSpace, Inc. is a not-for-profit company dedicated to providing assistance to victims of domestic violence in the Treasure Coast; and

WHEREAS, often victims of domestic violence need legal assistance in a safe place such as a courthouse; and

WHEREAS, the County believes it is important to have such an organization have a presence in the courthouse to assist victims of domestic violence;

NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County and Lessee agree as follows:

1. RECITALS. The above recitals are true and correct and incorporated herein by reference.

2. TERM OF LEASE. The initial tenn of this lease shall be 3 years commencing on this __ day of April 2016, and terminating on April _, 2019 (the Initial Term"). This Lease Agreement wilJ be automatically renewed for 3 year periods, un]ess tenninated.

3. DESCRIPTION OF LEASED PREMISES. The County hereby leases to the Lessee, a room on the first floor of the Indian River County Courthouse located at 2000 16th Ave, Vero Beach, FL 32960 as depicted in Exhibit "A" ("Leased Premises").

4. USE. Lessee shall occupy and use the Leased Premises only for its programs for support of domestic violence victims and related purposes, and for no other purpose whatsoever without County's prior written consent, which consent shall not be unreasonably withheld.

5. HOURS. Lessee may have employees working in the Leased Premises between 8:30 am and 4:30 pm Monday through Friday, except for those holidays in which the Indian River County Courthouse is closed. The Lessee must have employees working in the Leased Premises a minimum of20 hours per week.

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6. UTILITIES. The County shall provide basic telephone, a single jack and telephone and outgoing service for local calls only, and data connections to the Lessee at the Leased Premises. The Lessee shaJl be responsible for all hardware, software, equipment, material, labor and installation costs associated with the data connection.

7. MAINTENANCE AND REPAIRS. County shall maintain in good repair the roof, structural components and exterior walls of the Indian River County Courthouse, as well as the HV AC, electrical and plumbing systems. Lessee shall maintain the Leased Premises in a safe, clean and attractive condition, and shall make all necessary repairs so that the Leased Premises is maintained during the term of the Lease Agreement in substantially the same condition as it was given at the beginning of the lease. Lessee shall surrender the Leased Premises, and all County furniture in the Leased Premises used by Lessee, at tcnnination or expiration of the lease, in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted.

8. IMPROVEMENTS. Lessee shall not make or allow to be made any alterations, additions or improvements in or to the Leased Premises, without obtaining the prior written approval of the County, which consent shall not be unreasonably withheld, delayed or conditioned. Lessee shall deliver to the County a copy of the construction plans and specifications for all alterations, additions or improvements which Lessee proposes to make in or to the Leased Premises. Except as specifically provided herein, Lessee agrees that all approved work shall be done in a good and workmanlike manner, at Lessee's sole cost and expense, and that the structural strength and integrity of the Indian River County Courthouse shall not be impaired in any way. Lessee shall obtain, at Lessee's expense, all necessary pennits and approvals from governmental authorities for the commencement and completion of any such alterations. additions and improvements and shall furnish evidence of such approval to the Collilty prior to the commencement of construction or installation of any such alterations, additions and improvements. All alterations, additions or improvements shall be constructed in accordance with all applicable building codes, laws and regulations. All of Lessee's alterations, additions and improvements shall be deemed to be a part of the Leased Premises, and Lessee shall be obligated to maintain and repair the same. All alterations, additions and improvements in or to the Leased Premises shall. when made, become the property of the County and shall be surrendered to the County upon the termination of this Lease Agreement, whether by lapse of time or otherwise. Lessee shall indemnify, hold harmless and defend the County from and against any and all daims, losses, liabilities, costs, damages and expenses (including court costs and attorneys' fees at or before the trial level and in any appellate proceedings) arising out of or relating to any alterations, additions or improvements made by Lessee in or to the Leased Premises (notwithstanding County's prior written consent thereto). Lessee shall not place or install safes, vaults or other heavy equipment within the Leased Premises, without the prior written approval of the County. As used in this

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section, an alteration, addition and improvement shall mean a structural change or fixture attached to building such that it becomes a part of the building and specifically excluding furniture, office equipment and personalty.

9. CONSTRUCTION LIENS. Lessee agrees that it will make full and prompt payment of all sums necessary to pay for the costs of all repairs and permitted alterations, additions, improvements, changes and other work done by Lessee in or to the Leased Premises and further agrees to indemnify, save harmless and defend the County from and against any and all costs and liabilities, including reasonable attorney's fees incurred by the County and against any and all construction, materiaJmen's, laborers' and other statutory or common law liens which may be asserted, claimed or charged ·against all or any part of the Leased Premises or the Indian River County Courthouse arising out of or from such work. Notwithstanding anything to the contrary set forth in this Lease Agreement, in no event shall the interest of the County in all or any part of the Leased Premises or the Indian . River County Courthouse be subject to any construction, materiahnan's, laborers' or other statutory or common law lien for improvements or work made or done by or at the instance of Lessee, whether or not the same shall be made or done with the consent of the County or by agreement between Lessee and the County. All persons dealing with or contracting with Lessee or any contractor of Lessee are hereby put on notice of the foregoing provision. In the event any notice, claim or lien shall be asserted or recorded against the interest of the County in the Leased Premises or the Indian River County Courthouse on the account of or extending from any improvement or work made or done by or at the instance of Lessee, or any person claiming by, through or under Lessee, or from any improvement or work the cost of which is the responsibility of Lessee, then Lessee agrees to have such notice, claim or lien canceled, discharged, released or transferred to other security in accordance with applicable Florida Statutes with.in thirty (30) days after notice to Lessee by the County, and in the event Lessee fails to do so, Lessee shall be considered in default under this Lease Agreement. Lessee agrees to join the County, at County's request, 1n the execution of a short form of lease, pursuant to section 713.10, Florida Statutes, to be recorded in the Public Records of Indian River County, Florida for the purpose of giving constructive notice of the provisions of this subparagraph.

10. ACCESS TO STORAGE CLOSET. The storage closet located adjacent to the Leased Premises can only be accessed through the Leased Premises. Lessee shall allow County access to the storage closet at any time.

11. ASSIGNMENT OR SUBLEASE. Lessee shall not assign, sublease or transfer any part of this Lease Agreement or the Leased Premises, without the prior written consent of the County.

12. TERMINATION OF LEASE. This Lease Agreement may be terminated for convenience by either party with sixty (60) days written notice. Either Party may terminate this Lease Agreement for cause when there is an event of default by the other Party. An event of default shall occur if either party fails to perform a

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material obligation under this Lease Agreement and such failure is not cured within thirty (30) days after written notice of the default is provided by the non~ defaulting Party to the defaulting Party.

13. ANNUAL APPROPRIATION. This Lease Agreement is subject to annual budget and/or appropriation by the Board of County Commissioners and staffing allocation by the County Administrator.

14. NOTICE. Any notice required by this lease, 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 County at:

Lessor:

County:

SafeSpace, Inc. Kitty Peterson Director of Finance & Administration 612 SE Dixie Highway Stuart, FL 34994

Indian River County Board of County Commissioners Public Works Director Public Works Department 1801 27th Street Vero Beach, Florida 3 2960-3 3 65

The above addresses may be changed by either party by written notice to the other party.

15. TIME OF THE ESSENCE. Time shall be of the essence with respect to each and every matter set forth herein.

16. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISK 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 AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY HEAL TH UNIT.

17. VENUE AND GOVERNING LAW. Any and all suits for breach of this Lease Agreement shall be instituted and maintained in a state or federal court of competent jurisdiction having jurisdiction over Indian River County, Florida. This Lease Agreement and any questions concerning its validity, construction and performance shall be governed by the laws of the State of Florida.

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18. SEVERABILITY. In the event that any provision of this Lease Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties shall negotiate in good faith and agree to such amendments, modifications or supplements of, or to, this Lease Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise effected by such action remain in full force and effect.

19. INSURANCE. Lessee shall obtain and maintain the minimum following insurance types, coverages and amounts as stated below:

a) Commercial General Liability - No more restrictive than ISO Form CG000l (including property damage, personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability)

$500,000 Each Occurrence $500,000 Products & Completed Ops Aggregate $500,000 Personal Injury and Advertising $500,000 General Aggregate $50,000 sublimit Fire legal liability

The Coun1y and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage.

b) Automobile Liability (all automobiles-owned, hired or non-owned) -$500,000 Combined Single Limit

c) In the event the Lessee hires employees or is otherwise required to carry workers' compensation insurance, the Lessee will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. The Lessee will assume responsibility for Lessee' s discretion in confinning that all of Lessee's contractors or subcontractors engaged in work have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage:

Workers Compensation - Florida Statutory Coverage

Including coverage for any appropriate Federal Acts ( e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC§§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes.

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Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease

d) In the event that any services or activities of a professional nature are provided,

Professional Liability (Errors and Omissions) - $1,000,000 Each Occurrence/Claim

(e) Primary and Non-Contributory - The Lessee's insurance will apply on a primary basis and will not require contribution from any insurance or selfinsurance maintained by the County.

(f) Deductibles - The deductibles of the insurance policies applicable to the use of the Leased Premises shall be deemed customary and the responsibility of the Lessee and any named insureds.

(g) Additional Insured - The Lessee's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the use of the Leased Premises.

(h) Reporting Provision ~ The Lessee's insurance shalJ be provided on an occurrence fonn. In the event that coverage is only available on a claims made form, the Lessee shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term.

(i) Duration - Notwithstanding anything to the contrary, the Lessee's liabilities intended to be covered by the insurance coverage(s) required under this section shaH survive and not be tenninated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages.

(j) Financial Responsibility - Lessee shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Si1rplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A-VII or better.

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(k) Evidence of Financial Responsibility - The Lessee must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement, no later than 10 days after this Lease Agreement is executed. Upon written request, the Lessee shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Lessee's insurance if it complies with this Lease Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non-renewal of Lessee's insurance, shall be effective until 30 days after receipt of written notice by the County from the Lessee or the Lessee's insurance company.

(1) Discretionary Authority - Depending upon the nature of any aspect of the use of the Leased Premises and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured.

20. INDEMNIFICATION. To the extent permitted by law Lessee shall defend, protect, hold harmless and indemnify the County, its Commissioners, directors, officers, employees, and agents and contractors of any tier, or any of them (the "County Indemnified Persons") from and against any cost, expense, loss, claim or liability whatsoever, including the cost of attorneys' fees and appeals, for iajury to any person or loss or damage to any property arising out of: (a) the negligence or wrongful misconduct of Lessee, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier; (b) the failure of or by Lessee, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier to comply with applicable law or regulations of federal, state or local governments; (c) the performance or failure to perform of the Lessee under this Lease Agreement; and ( d) any breach by Lessee of any representation or warranty made in this Lease Agreement. Lessee is not required to hold hannless or indemnify any County Indemnified Person for any cost, expense, loss, claim or liability to the extent caused by any County Indemnified Person's negligence or reckless misconduct.

21. ENTIRE AGREEMENT. This written Lease Agreement shall constitute the entire agreement of the parties with respect to the Leased Premises and the County's occupancy of the Leased Premises. No other statement, representation or prior agreement shall have any force or effect, unless set forth herein.

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IN WITNESS WHEREOF, the undersigned have affixed our hands and seals at Vero Beach, Indian River County, Florida, as of the day and year first above written.

ATfEST:

By: _______ _ Jeffrey R. Smith, Clerk of Court and Comptroller

Witnessed by:

BOARD OF COUNTY COMMISSIONERS OF INDIAN RlVER COUNTY, FLORIDA

By: __________ _

Bob Solari, Chairman

Approved by BCC: _____ , 2016.

.

By:~ ~</Ldt) Safeace, In~

Approved as to form and le .~l sufficiency:

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RESOLUTION NO. 2016·_

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT WITH SAFESPACE, ·INC., A FLORIDA NOT•FOR·PROFIT CORPORATION, FOR A ROOM IN THE INDIAN RIVER COUNTY COURTHOUSE.

WHEREAS, SafeSpace, Inc., a Florida not for profit corporation, requested the Board of County Commissioners to consider leasing a room on the first floor of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, FL, 32960 ("Property") for use as space to provide legal assistance to victims of domestic violence; and

WHEREAS, SafeSpace, Inc. will use the Property to facilitate programs for support of domestic violence victims and related purposes; and

WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfare; and

WHEREAS, SafeSpace, Inc. is a Florida not-profit corporation, organized exclusively for providing programs for victims of domestic violence, and has applied for recognition as a charitable and educational entity for purposes as set forth in section 501 (c)(3) of the Internal Revenue Code of 1986, as amended.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:

1. The Board finds that SafeSpace, Inc. has made application as required by Florida Statutes section 125.38 for a lease of the Property;

2. The property subject to the lease shall be used to facilitate programs for support of domestic violence victims and related purposes;

3. The Board approves, and authorizes the Chairman to execute a Lease Agreement between the Board and SafeSpace, Inc., in the form set forth in the attached Exhibit "A" for a term of three (3) years at a rental rate of $1.00 per year; and

4. The Lease Agreement is entered into pursuant to the authority of Florida Statutes sections 125.38 and 125.01.

The foregoing Resolution was offered by Commissioner _______ and seconded by Commissioner _______ , and, upon being put to a vote, the vote was as follows:

Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Tim Zorc

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RESOLUTION NO. 2016-_

2016. The Chairman thereupon declared the Resolution duly passed and adopted this _day of April,

Attest: Jeffrey R. Smith, Clerk of Court and Comptroller

By __________ _

Deputy Clerk

Approved as to form and legal sufficiency:

~ County Attorney

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INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

By __________ _


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-· _______ , ___ ~TI---~-.. X L.j ' [J I r· !i Au L .. 1,l IL_) l

• · ~--•-·t,, ...... ·- , ........ _,....,, _____ ,... __ ._..,._._ . ....__.___ •

LEASE AGREEMENT

THIS LEASE AGREEMENT for a portion of the Indian River County Courthouse located at 2000 16Lh Ave, Vero Beach, FL 32960 ("Lease Agreement") is entered into this __ day of _____ , 2016 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("Countf') and Lessee, SafeSpace, Inc., a Florida not-for-profit corporation.

Witnesseth That:

WHEREAS, SafeSpace, Inc. is a not-for-profit company dedicated to providing assistance to victims of domestic violence in the Treasure Coast; and

WHEREAS, often victims of domestic violence need legal assistance in a safe place such as a courthouse~ and . ,,

WHEREAS, the County believes it is important to have such an organization have a presence in the courthouse to assist victims of domestic violence;

NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County and Lessee agree as follows:

1. RECITALS. The above recitals are true and correct and incorporated herein by reference.

2. TERM OF LEASE. The initial tenn of this lease shall be 3 years commencing on thls __ day of April 2016, and terminating on April __, 2019 (the Initial Tenn"). This Lease Agreement will be automatically renewed for 3 year periods, unless terminated.

3. DESCRIPTION OF LEASED PREMISES. The County hereby leases to the Lessee, a room on the first floor of the Indian River County Courthouse located at 2000 16th Ave, Vero Beach, FL 32960 as depicted in Exhibit "A" ("Leased Premises").

4. USE. Lessee shall occupy and use the Leased Premises only for its programs for support of domestic violence victims and related purposes, and for no other purpose whatsoever without County 's prior written consent, which consent shall not be unreasonably withheld.

S. HOURS. Lessee may have employees working in the Leased Premises between 8:30 am and 4:30 pm Monday through Friday, except for those holidays in which the Indian River County Courthouse is closed. The Lessee must have employees working in the Leased Premises a minimum of 20 hours per week.

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6. UTILITIES. The County shall provide basic telephone, a single jack and lelephone and outgoing service for local calls only, and data connections to the Lessee at the Leased Premises. The Lessee shall be responsible for all hardware, software, equipment, material, labor and installation costs associated with the data connection.

7. MAINTENANCE AND REPAIRS. County shall maintain in good repair the roof, structural components and exterior walls of the .Indian River County Courthouse, as well as the HV AC, electrical and plumbing systems. Lessee shall maintain the Leased Premises in a safe, clean and attractive condition, and shall make all necessary repairs so that the Leased Premises is maintained during the term of the Lease Agreement in substantially the same condition as it was given at the beginning of the lease. Lessee shall surrender the Leased Premises, and all County furniture in the Leased Premises used by Lessee, at tcnnination or expiration of the lease, in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted.

8. IMPROVEMENTS. Lessee shall not make or allow to be made any alterations. additions or improvements in or to the Leased Premises, without obtaining the prior written approval of the County, which consent shall not be unreasonably withheld, delayed or conditioned. Lessee shall deliver to the County a copy of the construction plans and specifications for all alterations, additions or improvements which Lessee proposes to make in or to the Leased Premises. Except as specifically provided herein, Lessee agrees that all approved work shall be done in a good and workmanlike manner, at Lessee's sole cost and expense, and that the structural strength and integrity of the Indian River County Courthouse shall not be impaired in any way. Lessee shall obtain, at Lessee's expense. all necessary permits· and approvals from governmental authorities for the commencement and completion of any such alterations, additions and improvements and shall furnish evidence of such approval to the County prior to the commencement of construction or installation of any such alterations, additions and improvements. All alterations, additions or improvements shall be constructed in accordance with all applicable building codes, laws and regulations. All of Lessee's alterations, additions and improvements shall be deemed to be a part of the Leased Premises, and Lessee shall be obligated to maintain and repair the same. All alterations, additions and improvements in or to the Leased Premises shall, when made, become the property of the County and shalJ be surrendered to the County upon the termination of this Lease Agreement, whether by lapse of time or otherwfae. Lessee shall indemnify, hold harmless and defend the County from and against any and all claims, losses, liabilities, costs, damages and expenses (including court costs and attorneys' fees at or before the trial level and in any appellate proceedings) arising out of or relating to any alterations, additions or improvements made by Lessee in or to the Leased Premises (notwithstanding County's prior written consent thereto). Lessee shall not place or install safes, vaults or other heavy equipment within the Leased Premises, without the prior written approval of the County. As used in this

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section, an alteration, addition and improvement shall mean a structural change or fixture attached to building such that it becomes a part of the building and specifically excluding furniture, office equipment and personalty.

9. CONSTRUCTION LIENS. Lessee agrees that it will make full and prompt payment of all sums necessary to pay for the costs of all repairs and permitted alterations, additions, improvements, changes and other work done by Lessee in or to the Leased Premises and further agrees to indemnify, save harmless and defend the County from and against any and all costs and liabilities, including reasonable attorney's fees incurred by the County and against any and all construction, materialmen's, laborers' and other statutory or common law liens which may be asserted, claimed or charged ·against all or any part of the Leased Premises or the [ndian River County Courthouse arising out of or from such work. Notwithstanding anything to the contrary set forth in this Lease Agreement, in no event shall the interest of the County in all or any part of the Leased Premises or the Indian River County Courthouse be subject to any construction, materialman's, laborers' or other statutory or common law lien for improvements or work made or done by or at the instance of Lessee, whether or not the same shall be made or done with the consent of the County or by agreement between Lessee and the County. All persons dealing with or contracting with Lessee or any contractor of Lessee are hereby put on notice of the foregoing provision. In the event any notice, claim or lien sha11 be asserted or recorded against the interest of the County in the Leased Premises or the Indian River County Courthouse on the account of or extending from any improvement or work made or done by or at the instance of Lessee, or any person claiming by, through or under Lessee, or from any improvement or work the cost of which is the responsibility of Lessee, then Lessee agrees to have such notice, claim or lien canceled. discharged, released or transferred to other security in accordance with applicable Florida Statutes within thirty (30) days after notice to Lessee by the County, and in the event Lessee fails to do so, Lessee shall be considered in default under this Lease Agreement. Lessee agrees to join the County, at County's request, in the execution of a short form of lease, pursuant to section 713.l 0, Florida Statutes, to be recorded in the Public Records of Indian River County, Florida for the purpose of giving constructive notice of the provisions of this subparagraph.

10. ACCESS TO STORAGE CLOSET. The storage closet located adjacent to the Leased Premises can only be accessed through the Leased Premises. Lessee shall allow County access to the storage closet at any time.

11. ASSIGNMENT OR SUBLEASE. Lessee shall not assign, sublease or transfer any part of this Lease Agreement or the Leased Premises, without the prior written consent of the County.

12. TERMINATION OF LEASE. This Lease Agreement may be tenninated for convenience by either party with sixty (60) days written notice. Either Party may tenninate this Lease Agreement for cause when there is an event of default by the other Party. An event of default shall occur if either party fails to perform a

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material obligation under this Lease Agreement and such failure is not cured within thirty (30) days after written notice of the default is provided by the nondefaulting Party to the defaulting Party.

13. ANNUAL APPROPRIATION. This Lease Agreement is subject to annual budget and/or appropriation by the Board of County Commissioners and staffing allocation by the County Administrator.

14. NOTICE. Any notice required by this lease, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand de1ivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to County at:

Lessor:

County:

SafeSpace, Inc. Kitty Peterson Director of Finance & Administration 612 SE Dixie Highway Stuart, FL 34994

Indian River County Board of County Commissioners Public Works Director Public Works Department 1801 27th Street Vero Beach, Florida 32960-3365

The above addresses may be changed by either party by written notice to the other party.

15. TIME OF THE ESSENCE. Time shall be of the essence with respect to each and every matter set forth herein.

16. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISK TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STA TE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY HEAL TH UNIT.

17. VENUE AND GOVERNING LAW, Any and all suits for breach of this Lease Agreement shall be instituted and maintained in a state or federal court of competent jurisdiction having jurisdiction over Indian River Cowity, Florida. This Lease Agreement and any questions concerning its validity, construction and performance shall be governed by the laws of the State of Florida.

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18. SEVERABILITY. In the event that any provision of this Lease Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties shall negotiate in good faith and agree to such amendments, modifications or supplements of, or to, this Lease Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise effected by such action remain in full force and effect.

19. INSURANCE. Lessee shall obtain and maintain the minimum following insurance types, coverages and amounts as stated below:

a) Commercial General Liability - No more restrictive than ISO Form CG000 1 (including property damage, personal injury, products I comp. ops. agg., premises, operations, and blanket contractual liability)

$500,000 Each Occurrence $500,000 Products & Completed Ops Aggregate $500,000 Personal Injury and Adve1tising $500,000 General Aggregate $50,000 sublimit Fire legal liability

The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage.

b) Automobile Liability (all automobiles-owned, hired or non-owned) -$500,000 Combined Single Limit

c) In the event the Lessee hires employees or is otherwise required to carry workers' compensation insurance, the Lessee will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. The Lessee wiH asswne responsibility for Lessee's discretion in confirming that all of Lessee's contractors or subcontractors engaged in work have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage:

Workers Compensation - Florida Statutol'y Coverage

Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes.

5

46

Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit $ J 00,000 Each Employee/Disease

d) In the event that any services or activities of a professional nature are provided,

Professional Liability (En-ors and Omissions) - $1,000,000 Each Occurrence/Claim

(e) Primary and Non-Contributory - The Lessee's insurance will apply on a primary basis and will not require contribution from any insurance or selfinsurance maintained by the County.

(t) Deductibles - The deductibles of the insurance policies applicable to the use of the Leased Premises shall be deemed customary and the responsibility of the Lessee and any named insureds.

(g) Additional Insured - The Lessee's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the use of the Leased Premises.

(h) Reporting Provision - The Lessee's insurance shall be provided on an occurrence form .. In the event that coverage is only available on a claims made form, the Lessee shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term.

(i) Duration - Notwithstanding anything to the contrary, the Lessee's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages.

G) Financial Responsibility - Lessee shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624. Florida Statutes, or a company that is declared as an approved S\1rplus Lines carrier under Chapter 626, Florida Statutes. Such insurance sha11 be written by an insurer with an A.M. Best Rating of A-VII or better.

6

47

(k) Evidence of Financial Responsibility - The Lessee must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement, no later than l O days after this Lease Agreement is executed. Upon written request, the Lessee shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Lessee's insurance if it complies with this Lease Agreement's requirements, incJuding, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non-renewal of Lessee's insurance, shaU be effective until 30 days after receipt of written notice by the County from the Lessee or the Lessee's insurance company.

(I) Discretionary Authority - Depending upon the nature of any aspect of the use of the Leased Premises and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabHities, which may or may not require that the County also be named as an additional insured.

20. INDEMNIFICATION. To the extent permitted by law Lessee shall defend, protect, hold hannless and indemnify the County, its Commissioners, directors, officers, employees, and agents and contractors of any tier, or any of them (the "County Indemnified Persons") from and against any cost, expense, loss, claim or liability whatsoever, including the cost of attorneys' fees and appeals, for injury to any person or loss or damage to any property arising out of: (a) the negligence or wrongful misconduct of Lessee, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier; (b) the failure of or by Lessee, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier to comply with applicable law or regulations of federal, state or local governments; ( c) the perfonnance or failure to perform of the Lessee under this Lease Agreement; and ( d) any breach by Lessee of any representation or warranty made in this Lease Agreement. Lessee is not required to hold harmless or indemnify any County Indemnified Person for any cost, expense, loss, claim or liability to the extent caused by any County Indemnified Person's negligence or reckless misconduct.

21. ENTIRE AGREEMENT. This written Lease Agreement shall constitute the entire agreement of the parties with respect to the Leased Premises and the County's occupancy of the Leased Premises. No other statement, representation or prior agreement shall have any force or effect, unless set forth herein.

7

48

IN WITNESS WHEREOF, the undersigned have affixed our hands and seals at Vero Beach, Indian River County, Florida, as of the day and year fust above wrhten.

ATTEST:

By: _______ c__ __

Jeffrey R. Smith, Clerk of Court and Comptroller

Witnessed by:

BOARD Of COUNTY COMMISSIONERS OF INDIAN RJVER COUNTY, FLORIDA

By: ___________ _ Bob Solari, Chahman

Approved by BCC: _____ , 2016.

Approved as to fonn and le aj sufficiency:

8

49

·1 i

N

,' WAJV 11Q8

I

/ ;

7 r i

1-1.J:'{rt,uvrc ._ , I J

H".""ld~\J :1;);&;_/!F. =

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Office of the

·•~,'./:(;"" r "'l;;,-' •-k~••:•~·l~~-.-7

INDIAN RIVER COUNTY ADMINISTRATOR

Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM


Joseph A. Baird County Administrator

April 4, 2016

Authorization to Attend National Municipal Bond Summit

Authorization is requested for the County Administrator and/or Staff to attend the National Municipal Bond Summit April 20th to 22nd

•

APPROVED AGENDA ITEM Indian River Co

Administrator

51

~ THENNA1io0

NALMUN1c1PAL soNo llaatsuMMIT

APRIL 20-22, 2016 I ASTOR CROWNE PLAZA NEW ORLEANS FRENCH QUARTER I NEW ORLEANS, LA

JOIN MARKET LEADERS FROM ACROSS THE US

www.bondbuyer.com/conferences/summit

THE BOND BUYER & BOA present

THE NATIONAL MUNICIPAL BOND SUMMIT

APRIL 20-22, 2016 I ASTOR CROWNE PLAZA NEW ORLEANS FRENCH QUARTER I NEW ORLEANS, LA

GAIN KNOWLEDGE AND STRATEGIES TO FACE YOUR MOST CHALL!ENGING HUR~DLES YET

The National Municipal Bond Summit is the industry's exclusive annual gathering,

offering the market's leaders the opportunity to meet and network with senior

public-sector issuers, investors, credit analysts, investment bankers, attorneys,

and other professionals from across the country.

Attending The National Municipal Bond Summit will give you exposure to the arguments

over Federal tax reform and disclosure expectations - and actionable strategies

you can use to save money for issuers and investors as those debates unfold; an

assessment of the nation's infrastructure-finance needs, and the steps the industry

is taking to make sure all policymakers in Washington understand the municipal

market is crucial for protecting and expanding those transportation, water, and

education assets; as well as learn more about how regulators' plans for reforming

the market could drive big changes to the way bonds are bought, sold, and priced.

Join us for a vigorous and inspiring discussion in addition to a full slate of networking opportunities that The Bond Buyer Conferences are known for.

www.bondbuyer.com/conferences/summit

WEDNESDAY, APRIL 20

10:00 a.m. , Sponsored by: JI[ IPREO

Golf outing 9:00 a.m. - 9:45 a.m. Muni Market Compliance, Regulation And Enforcement

2:30 p.m. Registration Opens

3:45 p.m. - 4:00 p.m. Opening Remarks Michael Ballinger, Publisher, THE BONO BUYER Michael Nicholas, CEO, BOND DEALERS OF AMERICA

4:00 p.m. - 4:30 p.m. Sponsored by: ' --

' •• nation~I , • • public !1r1m1,citt : . guaranl1ia

Live Market Survey

Moderator: Thomas Weyl, Managing Director and Head of New Business Development, NATIONAL PUBLIC FINANCE GUARANTEE Jim Beard, CFO, ATLANTA Frank Fairman, Head of Public Finance, PIPER JAFFRAY & CO.

4:30 p.m. -5:00 p.m. Opening Keynote Address

5:00 p.m. - 5:45 p.m. General Session: Recovering From Katrina

Since Katrina, New Orleans has been working to enhance quality of life across the city. They are promoting entrepreneurship, attracting hightech jobs, engendering school reform with 90% of students attending charter schools promoting an increase in positive school performance and revitalizing their real estate market. Billions of dollars are being invested in housing, schools, hospitals, parks and playgrounds, roads and vital hurricane protection. New Orleans is on the road to recovery. This panel of local issuers will share the trials and tribulations of a post disaster recovery.

Moderator: Lee Bressler, Managing Director, Public Finance, RAYMOND JAMES Ronald Bordelon, Chief Facilities Officer, LA DEPARTMENT OF EDUCATION RSD Cedric Grant, Executive Director, CITY PUBLIC WORKS/SEWERAGE & WATER BOARD OF NEW ORLEANS fane Ridley, Senior Director State and Local Government Group, STANDARD & POD R'S RATINGS SERVICES

5:45 p.m. - 7:00 p.m.

7:00 p.m. '"""'""' • Cocktail Reception

Opening Dinner (By Invitation Only)

THURSDAY, APRIL 21

8:00a.m.

8:00 a.m. - 9:00 a.m. Sponsored by:

Registration Opens

Continental Breakfast In The Exhibit Area

DATA Munkipal Disclosure DJr.:i I Sd.1t1on~

This panel will address current hot topics in federal securities law, including the status of tax-exempt bonds, recent SEC enforcement actions, any SEC legislative initiatives, recent guidance from NABL regarding Disclosure Controls and Procedures, and the implications of GASB 6 7 /68 for Official Statement pension disclosures.

Moderator: Elizabeth Columbo, Partner, NIXON PEABODY LLP Stephanie Dumont, Senior Vice President & Counsel, FINANCIAL INDUSTRY REGULATORY AUTHORITY Carol Lew, Shareholder, STRADLING YOCCA CARLSON & RAUTH, P.C. Gail Marshall, Associate General Counsel - Enforcement Coordination, MUNICIPAL SECU Rill ES RULEMAKING BOARD Rebecca Olsen, Chief Counsel, U.S. SECURITIES AND EXCHANGE COMMISSION

9:45 a.m. -10:15 a.m. The National Elections, New Leadership And The Potential Impact On The Muni Market

From sequestration to heightened discussion about corporate tax reform, bank qualified bond legislation and more, hear the insider's perspective about which Congressional proposals are likely to affect the muni market in 2016 and how the November elections might affect prospects for greater tax reform in 2017.

Moderator: Jessica Giroux, General Counsel and Managing Director, BOND DEALERS OF AM ERICA

10:15 a.m. -10:30 a.m. Networking Break In The Exhibit Hall

Sponsored by: STANDARD & POOR'S RATINGS SERVICES McGRAW HILL FINANCIAL

10:30 a.m. -11:30 a.m. Disclosure Of Mark-Ups For Specified Principal Transactions, Muni Best Execution, Etc.

Th is panel will discuss the latest on how recently enacted and proposed regulations are impacting Muni Market Structure. MSRB Notice 2015-16 [and FINRA Reg. Notice 15-36) on disclosure of mark-ups diverge in terms of the computation timeframe-will the industry see convergence? What are the practical issues with complying with this proposed rule (e.g., determining the prevailing market price)? Muni Best Execution (MSRB Rule G-18) went into effect on March 21, 2016. As a refresher, what are the salient bullet-points of this Rule? What are the common misconceptions encountered in the industry's adoption herein?

Moderator: Thomas Vales, Chairman and CEO, TMC BONDS LLC Michael Marz, Vice Chairman, HILLTOP SECURITIES INC. Chris Melton, Executive VP, Legal and Compliance, COASTAL SECURITIES INC.

54

~ THENATi0°NAL°MuN1c1PAL BOND lllal SUMMIT

(CONTINUED)

11:30 a.m. -12:15 p.m. View From The Buy-Side-Expectations, Strategies, Adapting To Change

Market Structure And Concerns Related To Tax Reform

Given the volatility in markets of late, in the case of municipals, key factors such as ratings, insurance, and research opinions bear even more scrutiny than what we've seen in the past. Panelists will grapple with major trends in the credit cycle, liquidity, portfolio management responses, and other key variables.

Moderator: James Binette, Managing Director of Finance, ASSURED GUARANTY James E. Pass, Senior Managing Director, GUGGENHEIM PARTNERS Judy Wesalo Temel, Senior Vice President, Director of Credit, FIERA CAPITAL I NC.

12:15 p.m. -1:15 p.m. Luncheon And Address

1:15 p.m. -1:45 p.m. Dessert In The Exhibit Area Sponsored by: \II I/

~ u- NIXON -'l't ~~ PEABODY

I

1:45 p.m. - 2:45 p.m. The Institutional Muni Market And Electronic Trading

This panel of leaders will discuss developments, trends and how dealers can increase market share.

John Craft, Managing Director & Head of Buy-Side Muni Relationships TMC BONDS LLC John Gallagher, Head of Municipal Bonds and U.S. High Grade Product Management, MARKETAXESS Joe Guarino, Head of Americas Fixed Income and FX Electric Trading Sales BLOOMBERG LP.

2:45 p.m. - 3:30 p.m. Regional And Community Banks Efforts

The panelists of this session will discuss the Bank Qualified {BQ) municipal market from the prospective of underwriting, trading, sales and to the ultimate bank portfolio investor. The BQ market is a very important segment of the overall municipal market as many of our local municipalities, villages, townships, and school districts raise funding in this segment. The importance of including BQ municipal securities to the overall bank investment portfolio is demonstrated in the investment yields as compared to other bank eligible investments and can contribute to overall bank net interest margins.

Moderator: Connie Yee, SVP, Asst. Treasurer & Director of Investment Management, ASSOCIATED BANK, NATIONAL ASSOCIATION Keith Kolb, Managing Director - Director of Public Finance, ROBERT W. BAIRD &CO. Matt Salino, Director -Senior Institutional Trader, RBC CAPITAL MARKETS Craig Slack, Director- Institutional Fixed Income Sales, RBC CAPITAL MARKETS

3:30 p.m. - 4:00 p.m. Networking Break in the Exhibit Area Sponsored by: ..-a.

HilltopSecurities ~~ A Kintop Holdi-lgs Company:

4:00 p.m. - 4:45 p.m. Disclosure and Due Diligence After MCDC: Challenges And Best Practices

Two decades of efforts to improve municipal issuers' disclosure practices culminated in the SEC's MCDC Initiative, which has resulted in more than 70 enforcement actions to date and the promise of more to come. While some light has been shed on regulatory expectations, little guidance is available to firms that want to meet them. This panel will discuss the compliance challenges firms face when underwriting new issues, as well as lessons learned through experience with MCDC- and whether this latest approach to disclosure is moving the needle at the issuer level.

Moderator: Suzanne Finnegan, Chief Credit Offlcer, BUILD AMERICA MUTUAL Gregg Bienstotk, Co-Founder, LUM ESIS, INC. Jacob Lesser, Director, PROMONTORY FINANCIAL GROUP Michael Walsh, Senior Vice President, DPC DATA INC. Lisa Washburn, Managing Director, Municipal Market Analytics (MMA), CHAIR, NATIONAL FEDERATION OF MUNICIPAL ANALYSTS (NFMA)

4:45 p.m. - 5:15 p.m. New Ideas & Technologies for Dynamic Muni Bond Trading

The firms and panelists represent some of the most cutting-edge thinking related to muni trading. This panel will convert into laymen's terms underlying rigorous ideas and mathematics required to upgrade processes for optimized muni trading, compliance and trade surveillance, and portfolio construction-that are used for both Retail and Institutional clientele. Topics10 be discussed include: (1) moving off static benchmarks-i.e., upgrading to new ones more optimally geared for rising interest rates and evaluative pricing, (2) machine-driven models versus the value of the human analyst overlay, (3) should the Yield-To-Worst methodology be retired?, ( 4) etc.

Moderator: James Wangsness, President, TMC BONDS LLC William Gartland, Senior Director of Evaluated Service and Head of the Continous Pricing Effort, INTERACTIVE DATA Andy Kalotay, President, KALOTAY ASSOCIATES Ted Karn, President, THE KARN GROUP

5:15 p.m. - 6:00 p.m. Innovations In State, City And Authority Borrowing Programs

National leaders in the State, City and Authority space will offer their perspectives on market innovations and programmatic structures that they have employed to best serve their respective communities. Amongst the topics covered are the uses of pooled loan programs for various governmental purposes, pension borrowings, working capital programs and transit financings. The durability, scalability and evolution of programs will be examined on a cross sectional basis as w ill a review of key opportunities and challenges.

Moderator: Jeremy Newtson, Director, STIFEL, NICOLAUS & COMPANY, INC. David Erdman, Capital Finance Director, STATE OF WISCONSIN Jonathan Forbes, Deputy Treasurer, STATE OF COLORADO Ron Mangus, Executive Director, INDIANA BOND BANK

6:00 p.m. - 7:00 p.m. Sponsored by:

•• rmlrn11o1I ""• • pllb1ht: lrtl~!ICl' gll~rllnlflf

Cocktail Reception

55

~ TUfNATi0°NALMuN1c1PAL BOND lllilal SUMMIT

D {(ONH UEDJ

Speakers' Dinner (By Invitation Only) 7:00 p.m. Sponsored by: •I ·~ BAM ..

FRIDAY, APRIL 22

8:30a.m. Registration Opens

8:30 a.m. - 9:30 a.m. Continental Breakfast In The Exhibit Area Sponsored by: .

().I! ..;•

Interactive Data-

9:30 a.m. -10:15 a.m. Non-Transportation Infrastructure Development In The US

This panel will discuss "vertical" infrastructure projects - how they are being financed, where the deals are being brokered and what the rest of the market can learn from them.

Moderator: Mitch Rapaport, Partner, NIXON PEABODY LLP Ignacio Barandiaran, Principal, Transaction Advice, ARLJP Steve Murphy, Chief Financial Officer, KENTUCKY WI RED Mark Schmidt, Municipal Strategist, MORGAN STANLEY & CO.

CPE CREDITS

Ben Watkins, Director, Division of Bond Finance, STATE OF FLORIDA

10:15 a.m. -11:15 a.m. Transportation Infrastructure Development In The us

A discussion of municipal bonds, TIFIAs, PABs, bank loans, 63-20 and more will ensue from this panel.

Moderator: Raymond DiPrinzio, SVP & Team Leader Infrastructure Project Finance, SUMITOMO MITSUI BANKING CORPORATION Barney Allison, Partner, DIVISION OF BOND FINANCE, NOSSAMAN lLP Sandra Brinkert, Director, BANK OF AMERICA MERRILL LYNCH Geoffrey Buswick, Managing Director, STANDARD & POOR'S RATING SERVICES J. Douglas Koelemay, Director, Office of Transportation Public-Private Partnerships, VIRGINIA DEPARTMENT OF TRANSPORTATION

11:15 a.m. -11:45 a.m. Accelerating Technological Change In The Municipal Market

The world is undergoing rapid transformations as technological applications become faster, more broad-based and more sophisticatedat an accelerating pace. There are going to be major implications from these changes for inflation, interest rates, productivity, employment/ unemployment, income disparities, regional labor patterns, taxation, and a host of other issues. These, in turn, will require strategic and policy responses from state and local governments, and overtime, are likely to affect relative creditworthiness across the muni space.

George Friedlander, Managing Director and Senior Municipal strategist, CITIGROUP INC.

@~ CPE SPO N SORS

National Registry of CPE Sponsors SourceMedia Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417 or by visiting the web site:

COURSE LEVEL: OVERVIEW ANTICIPATED (PE CREDITS: 13 PREREQUISITES: NONE CONFERENCE LEVEL: ALL ADVANCE PREPARATION: NONE INSTRUCTIONAL DELIVERY METHOD: GROUP-LIVE DEMONSTRATION COURSE OBJEOIVES: UPON COMPLETING THE CONFERENCE YOU WILL HAVE BEEN UPDATED AND GAINED KNOWLEDGE IN: • FEDERAL UPDATES • BEST PRACTICES

WWW.NASBA.ORG • ALTERNATIVE FINANCING

56

~ .. THENNATiONALMUNICIPAL BOND a.alsuMMIT

*

Attendee Type

BDAMembers

Issuers

Institutional Investors

All Other Professionals

To register, e,

standard Rate Expires

4/19/16

$795

" $145

$495

$1,095

CONFERENCE SPONSORS

PLATINUM

On-Site Rate

$895

$195

$595

$1,195

GOLD

_, t.f BAM .. Munidpa! D!sclosure Data I Soluti0<1s

DUI LD AMEAIC .4. MUTUAL

,A._ MarketAxess Stradling Attorneys at Law

• ]I[ IPREO ~

I -rnani:1; CE! ~ "f~1C Bonds I ;~;~~~:·i;;: •• .r:H,cr

SILVER BRONZE

DIVER~ By lumem

HilltopSecurities ~ A Hilltop Holdings Company.

• g • n " ..,

Interactive Dataw

estortools

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.. ?vestmenr Sysr" m Sofut;ans

STANDARD & PO OR'S - RATINGS SERVICES

McGRAW Hill FINANCIA.L

For more information about sponsorship, contact Shanta James at (ZlZ) 803-6089.

57

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: Honorable Board of County Commissioners

THROUGH: Joseph A. Baird, County Administrator

FROM: John King, Director .,\ ~ \ Department of Emerge~ Ser~ es

DATE: April 1, 2016

CONSENT

-

SUBJECT: Sole Source Purchase and Replacement ofE91 l Call-Taking Recorder Servers

It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting.

DESCRIPTION AND CONDITIONS:

Staff is recommending replacing the five (5) computer servers used for E911 voice recording. The existing servers operate on Windows Server 2003 software, and Microsoft has announced they will no longer provide software fixes and technical support for this outdated product. This leaves our equipment exposed to an elevated risk of cybersecurity (virus) dangers and without a backup recorder in the event of failure.

Layered on top of the Windows server operating software is proprietary voice recording software (Higher Ground) that stores time-stamped voice data from E911 calls. Like Microsoft, the Higher Ground representatives have also recommended immediate migration to replacement servers, as the information contained in the voice recordings is sensitive data and frequently subpoenaed for investigations and court evidence. The County's Computer Services Division also agrees with the urgency to upgrade the servers.

Indian River County has voice recorders at four (4) sites: Vero Beach, Sebastian, Sheriffs Office, Emergency Operations Center and one (1) master server. Staff considered purchasing remanufactured servers, but the Acting State 911 Coordinator recommended against this based on cost and concems that used equipment has a limited warranty and will require replacement in a few years. The Board will recall, all E911 upgrades fully or partially funded with 911 Surcharge Fees must receive approval from the state.

The scope of work for this project includes purchasing five (5) newly configured computer servers, reloading the county-owned Higher Ground software (which is a cost savings), migrating the stored data, reintegrate the new servers with the County's Call-Taking consoles, and removing the old equipment. Given the specialized professional services necessary to make this upgrade, staff

58

recommends a Sole Source purchase and equipment replacement from Higher Ground, Inc. If approved, the vendor also agrees to cover any warranty issues through the existing service maintenance agreement.

FUNDING:

Funding for this unexpected capital replacement was not included in the FY 2015/2016 Approved Budget. However, the County has accrued rollover (reserve) funds from the 911 Surcharge Fees, which according to F AC 60FF 1-5 .006 can only be used for capital outlay, capital improvements, and equipment replacement expenditures. As required, staff requested and received authorization from the Florida Division of Management Services for this necessary expenditure from the 911 reserve account.

Our current vendor for all five (5) server sites, Higher Ground, Inc., is offering discounted replacement costs, as good as state contract pricing. They propose the following:

SERVER SITE AMOUNT Master Server $12,815.00 IRC Sheriffs Office $17,100.00 Emergency Operations Center $12,825.00 Sebastian Police Dept. $12,125.00 Vero Beach Police Dept. $12,425.00 PROFESSIONAL SERVICES Installation and Shipping $6,445.00 TOTAL COSTS Sub-Total $73,735.00 Customer Loyalty Discount ($8,729.00) Total Cost $65,006.00

The new E911 servers will be configured by Higher Ground, Inc. the same as the older units which allows us to use the voice recording software the County already owns. This reduces the project costs as compared to a total removal and replacement of hardware and software from another vendor. Moreover, all of the existing recordings will remain seamlessly available to the respective public safety agencies.

RECOMMENDATION:

Staff recommends the sole source purchase and replacement of five (5) E911 Call-Taking voice recorders in the amount of $65,006 from Higher Ground, Inc. Staff further requests the Board authorize the necessary budget amendment making the funds available for this project.

59

ATTACHMENTS:

1. Sole Source letter from Higher Ground, Inc.

2. Proposal agreeing to State contract pricing.

APPROVED FOR AGENDA

FOR: April 12, 2016 Indian River County

Administrator

Legal

Budget

Risk Mana,:emeot

Department

60

~-· ·-'l:f-~- •. - . ,.__ ,!fl! ... ...., ......

HigherGround-

Indian River County Emergency Services 4225 43rd Ave Vero Beach FL 32967

March 28, 2016

Ms. Cantlon,

The HigherGround recording systems in service at Indian River County were built using proprietary HigherGround software. As such, it is critical that these systems be maintained by fully trained and certified technicians. At this time, there are no other service agencies in Florida that are authorized or certified by HigherGround Inc to perform any maintenance or installation of additional parts on any HigherGround Recording Systems in the state of Florida other than HigherGround Inc.

Please contact me if there are any questions.

Sincerely,

'\-' ~~

Mike Halliwell Vice President, Sales HigherGround, Inc. 818.456.1561 [email protected]

21201 Victory Boulevard Suite 105 Canoga Park, CA 91303 P: 818 .. 456.1600 F: 81 8.591.0301 www.higherground.com

61

., .. -~ --.. -. ~ . -....... -•

HigherGround"

INDtAN RIVER COUNTY

Prepared By: Bill Graham Date: February 23, 2016

HARDWARE REFRESH WITH SERVER UPGRADE

Indian River County is recording at 4 sites; Vero Beach, Sebastian, Sheriff's Office and the EOC. There is also a master server located at the EOC. The system was originally purchased in May of 2011. The current servers are all Windows 2003. The recording servers are equipped with 4GB RAM and 500GB RAID1 storage. The master server was originally deployed with 4GB RAM and 4TB of RAID5 storage. In February of 2013 the master server was updated to 32GB RAM and solid-state drives were added for performance. This proposal is to replace all servers with current generation hardware with Windows 2012-R2. At the same time the software version will be updated to the latest available software.

The recording servers will be equipped with 32GB RAM and 1TB RAID1 storage. The master server will be built with dual (2) Quad-Core processors, 64GB RAM, 4TB RAID5 storage, and solid-state drives for the database.

New recording cards are being included to facilitate an easy swap of the new recorders for the existing recorders.

Indian River County Responsibilities

• Provide remote access into the system for the HigherGround technician. • Coordinate with a local provider to install the servers. • Both the existing server and new servers should be online for data transfer.

416/2016 Template Page1 of2

21201 Victory Boulevard, Suite 105 Canoga Park, CA 91303 P: 818.456.1600 F: 818.456.1515 www.highergroundinc.com

© Cq,yright 2008 HigherGround, Inc. />JI rights reserved HigherGround and 1he HigherGround logo are ajstered m8!1<s of Hiw,erGround, Ir,;. Fusion Se<ies 7, Praetorian Voice Recorder, Mentor QA suae. Telecom Bl Suae, Fusion Core, Report Commander Pro and I'm AliVe and respective logos are lrademarl<s of HigherGround, Ir,;. All other names or marks are property of their respective owners.

61

COSTS

Master Server Dual Quad-Core processors 64GB RAM 480GB Solid-State Drives

.. -----z -.. ~. ·- ----.--•..,

H igh erG round·

Four (4) 2TB Drives in RAIDS (one as hot spare) IRC Sheriff's Office Recorder

Single Quad-Core processor 32GB RAM 1TB RAID1 4 - 16-Port Tap Cards

EOC Recorder Single Quad-Core processor 32GB RAM 1TB RAID1 1 - 24-Port Tap Card 1 - 16-Port Tap Card

Sebastian PD Recorder Single Quad-Core processor 32GB RAM 1TB RAID1 1 - 24-Port Tap Card 1 - 8-Port Tap Card

Vero Beach PD Recorder Single Quad-Core processor 32GB RAM 1TB RAID1 1 - 24-Port Tap Card 1 - 16-Port Tap Card

Professional Services Remote Installation Support ShippinQ

Total:

Customer Loyalty Discount:

Total Cost:

The pricing is in line with state contract pricing or as good as state contract pricing.

41612016 Template

$12,815

$17,100

$12,825

$12,125

$12,425

$6,445

$73,735

($8,729)

$65,006

Page2of2

21201 Victory Boulevard, Suite 105 Canoga Park, CA91 303 P: 818.456.1600 F: 818.456.1515 www.highergroundinc.com

@ Copyright 2008 HigherGrrund, Inc. All rights reseived. Higher(;round and the Highen3round logo are registered marl<s of HighM3round, Inc. Fusion Series 7, Praetorian Voice Reccrder. Mentor QA Suite, Te""'°"' Bl Suile, Fusion Core, Report Commander Pro ard I'm Alive aid respedive Jogos a-e trademal1<s <i Higher(,round. Inc. All OCher names or maiks are propef1y of ther respective OM18rS.

63

March 14, 2016

From: Donald A Lamb, Jr. 911 Systems Engineer, Department of management Services, E911

To: Ms. Paula Cantfon Indian River 911 Database Coordinator

Subject: Replacement servers for 911 Recording Indian River County

Good Day Ms. Cantlon,

I have reviewed your request to use some of your Funding Reserve to purchase a repiacement recording system for the Indian River PSAPs. I believe after reviewing your options that it only makes sense to go with Option Three (3). Although Options One and Two are less expensive they in themselves would potentially be just short term fixes and would need replaced in a very short time

Your presentation:

Option One

"Takes a full day minimum not including full backup of current data.

*Replace 2 - 1TB SAT A Drives

*Replace 1 - 1 TB USS Drive

*Up to 4 hours of remote support

*Additional cost for outside support from AK Associates.

*Current maintenance agreement covers warranty.

Option 1 cost is $13,000.00

Opt:on Two

*Higher Ground provides a reconditioned fully configured recorder along with a USB drive to transfer the old data to the new recorder

*Cost would be 2/3 of new hardware cost plus cost for professional services

*Upon return of old recorders they would refund up to ½ the cost of the refurbished

recorders.

"Current maintenance agreement covers warranty.

Option 2 cost is $44894.00.

Option Three

*Purchase new fully configured recorders that are essentially plug and play. The only required work on installation would be to migrate the stored data to the new recorders and remove the old equipment. Total cost for new equipment for four PSAP's is $67,006.00.

My recommendation would be to utilize option three. While the current equipment is only four years old, I can't see putting a minimum of $3,000.00 per location or $15,000.00 into the outdated equipment. Option two provides for refurbished equipment and again, you are buying old

64

equipment with new hard drives. We would have no guarantee how long the equipment had been in use or how much longer it would last. We could very well end up with new hard drives and a ser,er that now needs replaced. One last note is the importance of the 911 recording function. If a recorder goes down in the PSAP, they would have no recorded media of the 911 calls coming in. The only option would be to move them to the backup site until the recorder could be fixed. We do not have a backup recorder system on standby to use in the event of failure. It is possible that once the new servers are in place that we could clean up a couple of the old servers and configure them to be used as backups in the event of a failure.

I am therefore requesting pennission to replace our current server hardware with new servers in the amount of $67,006.00 for a total of five (5) servers. We already own the software so the cost is greatly reduced when compared to the original purchase price. These servers would be configured by the original vendor the same as the old ones and there will be no need to replace software as we already own it.

. Based on your email presentation it is my recommendation that you purchase Option Three with your reserve funding.

911 Systems Engineer

OMS, DivTel, Public Safety Bureau, E911

65

Date:

To:

From:

Prepared By:

Subject:

Consent Agenda Item

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES

March 29, 2016


Vincent Burke, P.E., Director of Utility Services~

Arjuna Weragoda, P.E., Capital Projects Manager Aw

West Wabasso Phase II Sewer and the East Gifford Drainage Project: Request for Release of Funds

DESCRIPTIONS AND CONDITIONS:

On December 1, 2015, the Indian River County Board of County Commissioners (BCC) approved the FederallyFunded Sub-Grant Agreement - FFY 2014 Funding Cycle for Contract Number 16DB-OK-10-40-01-N 05 for the West Wabasso Phase II Sewer and the East Gifford Drainage Project. The Sub-Grant was executed by the Department of Economic Opportunity (DEO) on January 7, 2016. The Concurrent Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds was published in the TC Palm on March 25, 2016.

ANALYSIS:

The public comment period on the Concurrent Notice ended April 11, 2016 and no comments were received . Therefore, the County's grant administrator, Guardian Community Resource Management, Inc., (Guardian) is now ready to submit the Request for Release of Funds and Certification.

FUNDING:

No funds will be encumbered for the subject task.

RECOMMENDATION:

Staff requests the Board to authorize the Chairman to execute the Request for Release of Funds and Certification form HUD-7015.15, Page 2 of 2.

ATTACHMENT(s):

1. Request for Release of Funds and Certification (2 Pages)

APPROVED FOR AGENDA: r1 Indian River Co.

Administration

Legal

Budget

Utilities

Utilities-Finance

F:\Utilities\UTILITY - Engineering\Projects- Utility Construction Permits\lRC-West Wabasso Community Sewer System Phase 2 - UCP# 4117\Admin\BCC ltems\Release of Funds 3-29-16.docx

66

Request for Release of Funds and Certification

U.S. Department of Housing and Urban Development

Office of Community Planning and Development

0MB No. 2506-0087 (exp. 07/31/2017)

This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated to average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid 0MB control number.

Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity)

1. Program Title(s) 2. HUD/State Identification Number 3. Recipient Identification Number

Fl 'd S II c· . C ·t D I t Bl k G t 16D8-OK-10-40-01-N05 (optional) on a ma 1t1es ommurn y eve opmen oc ran

4. 0MB Catalog Number(s) 5. Name and address of responsible entity

_c-:-F--=D=-A-cN,--0:-._1_4

=·2_1

_8 ...,...........,...,,....,.......---,-----=-...,...,..--------=-----,-------,-----=-----, Indian River County

6. For information about this request, contact (name & phone number) 180

1 27th Street

Arjuna Weragoda; Tel: 772-226-1821 8. HUD or State Agency and office unit to receive request

Florida Department of Economic Opportunity

Vero Beach, Florida 32960

7. Name and address of recipient (if different than responsible entity)

N/A

The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following

9. Program Activity(ies)/Project Name(s) 10. Location (Street address, city, county, State)

West Wabasso Phase 2 New Sewer Mains and New Sewer Hookups/ Gifford Flood and Drainage

Service Area 1 - boundary streets are in the area south of 510 between 64th Ave and 62nd Ave. Service Area 2 - general location is in the East Gifford area between 28th Ave. to the West, Old Dixie Hwy to the east, 43rd st. 42nd St., encompassing 42nd Pl, 27th Ave., 26th Ave., 25th Ave., 24th Ct. and 24th Ave.

11. Program Activity/Project Description

The project includes Phase II of the West Wabasso new sewer mains, 16 manholes and laterals and up to a possible 45 sewer hook ups. A complimentary benefit will be the reconstruction of streets and paving to modern standards. The Gifford Flood and Drainage improvement project includes improving swales and new culverts in the East Gifford area. These re-graded swales and new culvert pipes will convey stormwater flows to the existing wet detention pond located south of 42nd Street.

Activity New Sewer Mains New Flood and Drainage Total CDBG Budget

Previous editions are obsolete

CDBG $720,000 $30,000

$750,000

form HUD-7015.15 (1/99)

67

Part 2. Environmental Certification (to be completed by responsible entity)

With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that:

I. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above.

2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws.

3. The responsible entity has assumed responsibility for and complied with and will continue to comply with Section I 06 of the National Historic Preservation Act, and its implementing regulations 36 CFR 800, including consultation with the State Historic Preservation Officer, Indian tribes and Native Hawaiian organizations, and the public.

4. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed

project described in Part I of this request, I have found that the proposal did O did not [ZJ require the preparation and dissemination of an environmental impact statement.

5. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure.

6. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of24 CFR Part 58.

7. In accordance with 24 CFR 58.71 (b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project.

As the duly designated certifying official of the responsible entity, r also certify that:

8. I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and each provision oflaw designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity.

9. 1 am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity.

Signature of Certifying Officer of the Responsible Entity Title of Certifying Officer

Chairman, BOCC Indian River County

Date signed

X Address of Certifying Officer

1801 27th Street, Vero Beach Florida 32960

Part 3. To be completed when the Recipient is not the Responsible Entity

The recipient requests the release of funds for the programs and activities identified in Part I and agrees to abide by the special conditions, procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any change in environmental conditions in accordance with 24 CFR 58.71(b).

Signature of Authorized Officer of the Recipient Title of Authorized Officer

Date signed

X

Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)

Previous editions are obsolete fom, HUD-7015.15 (1 /99)

68

TO:

THROUGH:

FROM:

FROM:

DATE:

SUBJECT:

INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES

M EMORANDUM

Honorable Board of County Commissioners


John King, Director --rf \

CONSENT

Department of Emergency Servic'CJ O "' Etta LoPresti, Emergency Management Coordinat~ Emergency Management Division

April 4, 2016

Approval of Resolution Adopting the 2016 Indian River County Emergency Plan for Hazardous Materials.



On July 7, 2015 the county commission approved the 2015/2016 State Funded Subgrant Agreement to update Indian River County's Hazards Analysis. The agreement provided adequate funding for the Emergency Management Division to review and modify our Indian River County Emergency Plan for Hazardous Materials. The updated plan was submitted to the Florida Department of Community Affairs/Division of Emergency Management for review.

The submitted plan, consisting of over 800 pages, is measured against compliance criteria established by provisions of Section 303 (g) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and

- administrative rulings by the State Emergency Response Commission. Per our agreement, the plan is reviewed annually. Currently, Indian River County has 28 agencies which meet the threshold of SARA reporting and review by the Emergency Management Division.

On March 18, 2016, the Emergency Management Division was notified by the Florida Division of Emergency Management that our modifications meet the criteria outlined in our Scope of Work and is therefore approved. The Board of County Commissioners' adoption of this plan finalizes the grant agreement between Indian River County and . the Department of Community Affairs/Division of Emergency Management.

FUNDING:

This is a 100% funded agreement to update the county's hazards analysis and review/update the Indian River County Emergency Plan for Hazardous _Materials. No match is required by Indian River County.

69

RECOMMENDATION:

Staff recommends approval of the attached Resolution and the 2016 Indian River County Emergency Plan for Hazardous Materials.

ATTACHMENTS:

1. Resolution approving 2016 Indian River County Emergency Plan for Hazardous Materials.

2. Approval letter from Florida Division of Emergency Management dated March 18, 2016.

* *Due to its size, the 2016 Plan is on file at the Department of Emergency Services and the Board of County Commissioners Office.**

APPROVED FOR AGENDA

FOR: April 12, 2016

Indian Rivrr County

Administrator

Legal

Budget

Risk Management

Department

70

RESOLUTION NO. 2016-

Resolution of the Board of County Commissioners

of Indian River County, Florida, Approving the Indian River County

Hazardous Materials Emergency Plan

WHEREAS, Chapter 252, Florida Statutes, assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response and recovery; and

WHEREAS, with the enactment of the Emergency Planning and Community Right-To-Know Act of 1986, Congress imposed upon Local Emergency Planning Committees and local governments additional planning and preparedness requirements for response to emergencies involving the release of hazardous materials; and

WHEREAS, each county within a Local Emergency Planning District is required to develop an Emergency Response Plan for Hazardous Materials to become a component part of the local Emergency Planning District Plan; and

WHEREAS, Indian River County's Hazardous Materials Emergency Plan has been reviewed and approved by the Florida State Emergency Response Commission for Hazardous Materials as meeting the criteria for such plans established by the Administrator, United States Environmental Protection Agency and the National Response Team; and

WHEREAS, this plan is intended to provide the framework for the development of detailed operating procedures by first response public safety agencies charged with the responsibility of protecting the public's health and safety from the discharge or release of extremely toxic chemicals.

71

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:

Attest:

Indian River County's Hazardous Materials Plan is hereby adopted.

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 Vice Chairman Commissioner Commissioner Commissioner

Bob Solari Joseph E. Flescher Wesley S. Davis Peter D. O'Bryan Tim Zorc

The Chair thereupon declared the Resolution duly passed and adopted this ____ day of _______ , 2016.


BY: - ----- --- --Bob Solari, Chairman

APPROVED ASWO FOR

~~FF avJJ/4 Jeffrey R. Smith, Clerk of Court and Comptroller

Wlll.W1 I(. OESMAL DEl"UTY COUNTY ATTO!tNGY

72

STAT E OF FLO RI DA

DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT Governor

Ms. Etta LoPresi l Indian RiVS!" County 4224 43rd Avenue Vero Beach, r-L 32967

Dear Ms. LoP;es!i:

BRYN,! W. KOO?.! Director

March ~8. 20•:5

l"he Fimida D!vision of Emergency Maiiagemsnt {DEM) has coml)ieted :t.s rE)\!i0w ot the Indian River County 20~5/2016 Hazards Ar,aiyees updEtes. "fhs evaiuetlon indicates the ar.alys0s meet tt:..e ci"ti:eria ournnsd in connaci 1 £..CP·· ·t ~ ,. ·; 0-40-01 -·; 7 4. Please i"iote that in ordei io fu!fill ail reqt!irsmsnts ,of th& contract, proof of distribl.rtiori to the Lnce! Emergency Planning Committee ar:ci proof of notification of the avsiiabmty of 1he Hnzarcis Analyses infor.na:tion 'iO Section 302 facilit!as/raspo~ea agencies is required to oo · submitted to DEM.

A!so an criginai invoice will ne0d lo be submstteci with a finar cameo CD. ~·i' ye!.; have any questions or require £":.clditional asslatance, please contact me at (SBC) 4 i 3.:.9895.

Sincerely, .p~ ~

Management Analyst Bul'eau cf Preparedness Tec!:nclogic2I Hazards Unit

DI V I S I O ~ HEAD QU AR T !! RS Tel: 850-413-9969 • Fax: 850-488-1016 srnrn LOGISTICS Rc:SPOi~Sl: c::NTER 2702 Directo rs Row 2555 S h uma rd Oa k Boule vard www.FioridaDlsaster.org

r al l ahassee , F L 32399 - 21 o o Orlando , FL 32809-5631 73

TO:

THROUGH:

THROUGH:

FROM:

DATE:

SUBJECT:


Honorable Board of County Commissioners

Joseph A. Baird, Administrator

John King, Director ~ ~ \ Department of Emerg~ y ST ices

Brian S. Burkeen, Assistant Chief ·' ) Department of Emergency Services ~ April 1, 2016

CONSENT

Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety


DESCRIPTION:

On March 18, 2014, the Indian River County Board of County Commissioners approved a renewal of Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety to provide BLS/ ALS Emergency Medical Services originating within Indian River Shores. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and will expire April 15, 2016.

The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate.

An application for the renewal of the Class "A" certificate has been submitted by Indian River Shores Department of Public Safety. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance.

FUNDING:

There is no funding required for this item.

74

RECOMMENDATION:

Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "A" Certificate of Public Convenience and Necessity for Indian River Shores Department of Public Safety, to be effective for a period of two (2) years from April 15, 2016, to April 15, 2018.

ATTACHMENTS:

1. Renewal Application From Indian River Shores Department of Public Safety

APPROVED FOR AGENDA Indian River Co.

April12,2016 Legal

Budget

Dept.

Risk Mgr.

General Svcs.

75

INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES

APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN)

APPLICANT NAME: Iedno·~,U?.1~ llitiic~, DATE: olor \ 1 lo

APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE.

• ]::his is a new application; fee is attached. ifThis is a renewal of our present COPCN. • This is a renewal of our present COPCN with ownership or classification changes.

I. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options.

Class A ~_BLS JL'.ALs Governmental entities that use advanced life support vehicles to conduct a prehospital EMS ALS/BLS service.

Class B • _BLS _ALS Agencies that provide non-emergency ambulance inter-facility medical transport at the ALS/BLS level.

Class C • _BLS _ALS Agencies that provide non-emergency ambulance inter-facility medical transports which require special clinical capabilities and require a physician's order.

Class D • _BLS _ALS Agencies that provide non-emergency ambulance medical transports limited to out of county transfers.

Class E D _Wheelchair _ Wheelchair/Stretcher _Ambulatory Transport Agencies that provide wheelchair transportation service only where said services

are paid for in part or in whole either directly or indirectly with government funds.

Class E1 D _Wheelchair _ Wheelchair/Stretcher _Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds.

I S :QI WV l - HdY 9lH S33IAM3S A:JN39H)W3

.:!O 1H3WHJ'1d30 03/\1333~

U:\Beth\Beth Casano EOC\COPCNIRENEWAL PACKETS\COPCN Application.doc 76

II. COMPANY DETAILS

1. NAME OF AGENCY:-:Ir:C\\C1n¼ve1~ }t\\)(: ~\e\y MAI u NG ADDRESS: t_oC_.._.'X>~\ ~N,i...,....---+-ti-+-'\'-4--8_.___ _______ _

CITYif'd10.0)\,ve< Srci~COUNTY TOQ.\O.C\ :B,vec ZIP CODE:cQC\\03 BUSINESS PHONE: ~-<9'3 \-Q4~ \

2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.):

f,.P' u O , C, :QC\\, +.,1 I

3. MANAGER'S NAME~\CX)Gf c\ 'BoY:?\\ , 'u){eC:\:C(

ADDREssldX)\ Al. ·e \ A :rochnn iiox S'ro:61 rL ~ql?3

PHONE#: ·77;) · d3 \ · d4 ~ \

4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary):

ADDRESS POSITION

5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES

ADDRESS PHONE#

U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 2 77

7. RATE SCHEDULE ATTACHED? YES C!f' NO • NIA • 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB-STATIONS:

Ill. COMMUNICATIONS INFORMATION:

TYPES OF RADIOS/EQUIPMENT:

1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s)

3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS:

FROM AMBULANCE FROM BASE STATION

Ioc\\o..v, ~,ve, \'nee\\ c-~ \ ~e11~1 ___________ _

QQ:OOS\,oj, ~,ve.< ffied\m\ Ce.(l~e/ --------------

Lo... CA>."'\ ~d \"()edlcaJ Ge\1le/

U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 3 78

V. NOTARIZED STATEMENTS Fill in Statements as applicable.

E or E1 APPLICANTS

I, ____________________ , the representative of Applicant Name

____________________ , do hereby attest that the Business Name of Service

above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services.

A-D APPLICANTS

1, ·B,ct'\a.,d ~~\ \ , the representative of Applicant Name

.-Lf'l ____ • ..... ·· _ct-· \C-t .... n ..... '.B ....... ~ ..... , ..... )Q"'-'-f---'S'""-'f\'---'-""'0 ..... (2~S_¼i~n~'~_\C~·-& ...... _-Ct ___ e ___ ~_l _ _,, do hereby attest that Business Name of Service

the above named service will provide continuous service on a 24-hour, 7-day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part Ill, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services.

ALL APPLICANTS

I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my

knowledge, all statemenz / IS applicatio ·;~l ' DATE

Before me personally appeared the said R.\CX:X:l-rd ~c:£.£\\ who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the pur OJe thereof. S'(llorn a cribed in my presence this a\ day of N\C\fC'f\ . 201!Q.

My commission expires: 1{c2C!> I 17 NOTARY PUBLIC

U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc

.•·/.?..!/.'ft•,,,, CHARLENE HALL {!'JJ,,,"r:f:-;. Commission# FF 007183 \j-~{{J Expires July 26, 2017

',?f,Rf:~~~,~~ Bonded Thrv Troy f ain Insurance B00-385-7019 5 79

Indian River Shores Public Safety Personnel Roster March 31, 2016

JD# Last Name First Name Rank EMT# EMT Expires Medic# Medic Expires 962 Beaumont Christopher PSO NA NA PMD 526461 12/1/2016

947 Sarcinella Rick PSO EMT 68986 12/1/2016 N/A N/A

983 Parker Travis PSO EMT 543488 12/1/2016 NA NA

959 Benham Kip SGT N/A N/A PMD 15975 12/1/2016

948 Crosby William SGT N/A N/A PMD 15096 12/1 /2016

953 Dempsey Timothy SGT NIA NIA PMD 4810 12/1/2016

944 Dudley Anthony LT N/A N/A PMD 8080 12/1/2016

957 Hawkes Geoffrey PSO EMT 503633 12/1/2016 PMD 509910 12/1/2016

946 Hoyt Shawn SGT EMT 56429 12/1/2016 PMD 10467 12/1/201 6

945 Mooney Tedd PSO N/A N/A PMD 14311 12/1/2016

952 Shaw Mark LT N/A N/A PMD 11220 12/1/2016

981 Crouch Dustin PSO EMT 536439 12/1/2016 NA NA

989 Benoit Michael PSO NA NA PMD 526481 12/1/2016

998 Black James PSO NA NA PMD 513405 12/1/2016

985 Grass Barbara PSO NA NA PMD 17986 12/1/2016

929 Hinson Eric PSO EMT 536225 12/1/2016 NA NA

992 Iovino Albert PSO NA NA PMD 527098 12/1/2016

993 Maikranz Jacob PSO EMT 526558 12/1/2016 PMD 520924 12/1/2016

995 Seegott Travis PSO EMT 531168 12/1/2016 NA NA

994 Smith Kyle PSO NA NA PMD 516337 12/1/2016

703 Villars Rick Fire Medic NA NA PMD 3050 12/1/201 6

80

QC ...

NAME OF SERVICE:

DATE:

SUBMITTED BY:

MAKE MODEL

If\~ '"O.·\\coa.. \ ~~{~~"

:ro~ 7'urt\o("\(i \ ~oo~'n,~

INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES

VECHICLE ROSTER

IOdlCtC) :R\V€f Snorns '8.iO),IC Sat;;e-4,y

_3,)3))\\D

£tnr-\e,oo.\:;\a..\ tiB~..c.o<'d [F:,nance.

VEHICLE . MANUFACTURE MILEAGE IDENTIFICATION

NUMBER (VIN)

~f'O.U'() 38~5VJ j, \-\TMtJAAM9\.\4:17'1I"•

~('C\.uO ~\q lo 4 .iHT l'IN.1-1'11¥"1:J. 'l'::>rl ia-:1/'i'.i

SERVICE ALS/BLS ASSIGNED

NUMBER

ALS ~1()4

ALS ~IOS

oc t-.)

SERVICE TYPE** BASE RATE OXYGEN

ALSl EMERGENCY $420.00

BLS EMERGENCY $350.00

AMBULANCE FEE SCHEDULE

d0\\o YEAR

MILEAGE WAITING TREAT & CANCEL

$12.00/MI

NON-EMERGENCY ---

COMMENTS/SPECIAL CHARGES

**TYPE CODE: ALS = ADVANCED LIFE SUPPORT NP = NOT FOR PROFIT SERVICE BLS = BASIC LIFE SUPPORT

U:\Beth\Belh Casano EOC\COPCN\RENEWAL PACKETS\APPLICATIONSICOPCN Application.doc

I. DESIGNATED MEMBER:

FLORIDA MUNICIPAL INSURANCE TRUST AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE

DECLARATIONS

Town of Indian River Shores

II. GOVERNMENT DESCRIPTION

Municipality

Ill. COVERAGE PERIOD

Agreement No.: FMIT #0274

From 10/01/2015 to 10/01/2016 12:01 A.M. Slandard Time al lhe address or the Designated Member

IV. AUTOMOBILE

1. Automobile liability

Number of Vehicles

2. Uninsured Motorisls Protection

3. Personal Injury Protection

4. Automobile Medical Payments

5. Automobile Physical Damage

:

Premium Basis

Per Schedule

22

Per Schedule

Deductible/ Type

so

Per Schedule

V · This Agreement includes these endorsements and schedules: See Schedule B

VI. ESTIMATED ANNUAL PREMIUM

Florida Municipal Insurance Trust (FMIT)

Normal Premium

$15.048

Limit

57.000.000

NIA

$10,000

NIA

NIA

Florida League of Cities Sponsored Insurance Programs Since 1977

Net Premium

S11.903

N/A

Included

NIA

$3,145

THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS. COVERAGE FORM($) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED

AGREEMENT.

FMIT AUTO DEC 1015 Page 1 or2

83

Automobile Schedule Town or Indian River Shores, FMIT #0274

10/01/2015 • 10/01(2016

Vehll Eff Dale Eap 0'1D City I YeDr Make Doscrlptlon 1011 Cost Nc,w

Code liab PIP Med Pay UM Comp Ded SPOed Coll De<l PhyOmg Total Prem

0 1D111:Z.015 101112016 HIRED AUTOS so 6619 $130 so SD $0 n1a !VII n/a so S130

I

Page 1 or 2

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Page2of2

85

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86

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

BACKGROUND

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM


Christopher R. Mora, P.E. ~ Public Works Director B•1M1H11 James D. Gray, Jr. @) Coastal Engineer

FIND Project Agreement No. ICW-IR-16-01 Small Scale Derelict Vessel Removal Program

April 5, 2016

With the assistance of the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement (FWC), the County identified four (4) derelict vessels within the lntracoastal Waterway. In accordance with the provisions of Sections 705.103 and 823.ll(l)(a), Florida Statutes, the County received removal authorization from the FWC for each derelict vessel.

In addition to the FWC removal authorization, staff received the required Florida Department of Environmental Protection Permit (No. 31-0337600-001) and the US Army Corps of Engineers Permit (No SAJ-2015-03075 (NW-TSO)) permitting removal of each derelict vessel from the waterways. The derelict vessel descriptions are as follows :

Vessel ID Location Status Removal Cost

DV-1- FWNE-15-0FF-001658 Northeast of Capt. Hirams REMOVED * $3,700 DV-2 - FWNE-14-0FF-007009 Southwest side of spoil island IR1 REMOVED * $3,200 DV-3 - FWNE-15-0FF-002354 East end of 45 Street Dock REMOVED $2,500 DV-4 - FWNE-14-0FF-013632 West shoreline 1-mile south of 45 Street Dock REMOVED $2,000

* includes costs for additional County required insurances

F:\Public Works\JamesG\Derelict Vessel Removal\2015 DVs\Lagoon Vessels 2015\Agenda ltem\FIND Grant ICW-JR-16-01\FIND Small Scale Derelict Vessel Removal Program Project•· Grant No. ICW - IR-16-01-- Agenda Ttem 4-12-16.docx

87

Page 2 Agenda Item For 4-12-16 BCC Meeting FIND Project Agreement No. ICW- IR-16-01

On October 20, 2015, the Board of County Commissioners approved Florida Inland Navigation District (FIND) Project Agreement No ICW-IR-15-01, which committed reimbursement of 75% ($5,175) for the total removal costs for DV-1 and DV-2. Total removal costs were $6,900. DV-1 and DV-2 were successfully removed from the waterway on January 9, 2016. On March 8, 2016, FIND provided $5,175 in reimbursement to the County.

DESCRIPTION AND CONDITIONS

The subject of this agenda item is to request the Board's approval of FIND Project Agreement No. ICW-IR-16-01. The attached agreement commits up to $4,500 at a cost share ratio of 75% FIND- 25% Local. The total local share under this agreement is $1,125 with a maximum FIND reimbursement of $3,375 for the removal cost for two derelict vessels (DV-3 and DV-4).

On January 29, 2016, DV-3 and DV-4 were successfully removed from the waterway. Note: at the time FIND Project Agreement No. ICW-IR-15-01 was issued, the County had not yet received FWC removal authorization for derelict vessels DV-3 and DV-4. As such, removal ofthe four derelict vessels were authorized under two separate County Purchase Orders and consequently staff requested FIND cost share under two separate grant applications.

On March 7, 2016, staff was contacted by Mr. Bob Stone, Esq. Mr. Stone identified that his firm was representing Mr. Joseph Hatmaker who is the owner of derelict vessel DV-3. Under Court order Mr. Hatmaker is required to fully reimburse the County the $2,500 in total expenses paid for the removal of his vessel. On March 10, 2016, Mr. Hatmaker issued the County a Promissory Note identifying that he will reimburse the County the full $2,500 at the following rate; $500 lump sum payment on March 11, 2016 with subsequent $200 per month payments with the full balance being paid in full on or before January 31, 2017.

Although staffis requesting Board approval of FIND Project Agreement No. ICW-IR-16-01, which includes FIND reimbursement of 75% of the total $2,500 removal costs for DV-3 ($1,875), staff does not intend to invoice FIND for the reimbursement of $1,875 provided Mr. Hatmaker fully reimburses the County.

F:\Public Works\JamesG\Derelict Vessel Removal\2015 DVs\Lagoon Vessels 2015\Agenda Item\FIND Grant ICW-IR-16-01 \FIND Small Scale Derelict Vessel Removal Program Project-- Grant No. !CW - TR-16-01 •· Agenda Item 4-12-16.docx

88

Page 3 Agenda Item For 4-12-16 BCC Meeting FIND Project Agreement No. ICW-IR-16-01

FUNDING

Matching County funds are available and will be provided by the Florida Boating Improvement Fund Account No. 13321072-033490.

RECOMMENDATION

Staff recommends the Board approve FIND Project Agreement No. ICW-IR-16-01 and authorize the Chairman to sign two (2) copies of the Agreement on behalf of the County.

Following Board approval, the County will transmit both partially executed Agreements to FIND for final signatures. Upon receipt of the fully executed original FIND Project Agreement No. IR-16-01 from FIND, staff will transmit to the Clerk to the Board of County Commission for filing.

ATTACHMENTS

1. FIND Project Agreement No. ICW-IR-16-01 (2 original copies) 2. Indian River County Grant Form No. FIND ICW-IR-16-01 3. March 15, 2016 letter from Mr. Bob Stone, esq.

APPROVED AGENDA ITEM Approved Indian River County

FOR April 12, 2016 Administration

,~;J.lk, Budget

Legal

Public Works

Coastal Engr. Division JJ)(;

F:\Public Worksl.JamesG\Derelict Vessel Removal\2015 DVs\Lagoon Vessels 2015\Agenda Item\FIND Grant lC W-IR-16-01\FIND Small Scale Derelict Vessel Removal Program Project -- Grant No. !CW - IR-16-01 -- Agenda Item 4-12-16 ,docx

Date

'I, 'I 'j/p

'i!Mlb -- b I - ) -

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89

GRANT NAME: 2016 Small Scale Derelict Vessel Removal Program

AMOUNT OF GRANT: $4,500

DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering

CONTACT PERSON: James D. Gray, Jr.

1. How long is the grant for? Unspecified

2. Does the grant require you to fund this function after the grant is over?

3. Does the grant require a match?

If yes, does the grant allow the match to be In-Kind services?

4. Percentage of match to grant 25.00 %

5. Grant match amount required __ ___:.$_1.,_, 1_2_5 _____ _

GRANT No. FIND ICW-1Rsl6-0l

TELEPHONE: ext. 1344

Starting Date: Upon grant execution ----'----'"-------

YES NO

X

X

X

6. Where are the matching funds coming from (i.e. In-Kind Services; Reserve for Contingency)? Matching funds will be provided by the Florida Boating Improvement Fund Account No. 13321072-033490.

7. Does the grant cover capital costs or start-up costs?

lfno, how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs)

8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.)

Acct. Description 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

No

$

No

Position I Position

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? $

- ·~ - -

Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $

Signatu re of Preparer: L ~~ ~tV Date: 4l,ltk II •

Position

90

ROBERT E. STONE ROBERT (ROBBY) E. STONE, JR.

OF COUNSEL;

CURTIS MOSLEY

CERTIFIED IN REAL ESTATE

II

Bill DeBraal, Esquire

STONE & STONE ATTORNEYS AT LAW

"RESULTS. EXPERIENCE. SUCCESS.'

March 15, 2016

RECEIVED MAR 18 2016

COUNTY AnORNEY'S OFFICE

Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 3 2960

Re: Account No: 133038-369940

Dear Mr. DeBraal:

Enclosed please find a Promissory Note executed by Joseph Hatmaker along with the initial lump sum payment of $500.00.

Please do not hesitate to contact my office ifthere are any questions.

Ver_Y. Truly Y ~s, : ~.J[,71 ,;:7f-·-· qL,q'c5t-~-

Robert E. Stone, Esquire

RES/bd

2756 20T H STREET VERO MACH. FL 32960 772-567-2261 FAX: 772-567-2440 RES8 1536@GMAI L.COM

ROBERTSTONELAW.COM

201 SOUTH SECOND STREET, SUITE 102 FORT PIERCE, FL 34950

772-464-4566 [email protected]

PROMISSORY NOTE

l<'.-e~ize,.ic.e. A. cc:.~. i 33~ ·:sg -:3'<.? er 1 '-I- e

State of Florida Principal Amount: $2,500.00 Date: 1\1arch /tJ , 2016

For value received, Joseph Hatmaker, hereby promises to pay Indian River County, or such other place as the holder may designate in writing, the sum of two thousand, five hundred ($2,500.00) dollars, at the following rate and in~e o · g manner:

$500.00 lump sum on March~ 2~ . . $200.00 per month with the full balance eing paid in full on or before Jan~, 2017.

A/? ,z,, z I l::}ffe . Payments shall become due and payable on the first day of eath and evfry month, commencing one month from the date of this Promissory Note. 1his Note may be prepaid, at anytime, in whole or in pan, without penalty.

In the event this Note shall be in default,1-nd placed for collection, Joseph Hatmaker shall pay all reasonable costs of collection and attorney's fees.

91

SMALL-SCALE DERELICT VESSEL REMOVAL

PROJECT AGREEMENT

PROJECT NO. ICW-IR-16-01

This Agreement is entered into this __ day of __________ , 20_ by

and between the FLORIDA INLAND NAVIGATION DISTRICT ("FIND") and INDIAN RIVER

COUNTY (the "Project Sponsor"). Nothing contained herein shall constitute a waiver by either

party of its sovereign immunity under Section 768.28 Florida Statutes.

WHEREAS, Project Sponsor has requested that FIND provide a portion of the funding

needed for a Small-Scale Derelict Vessel Removal Project in Indian River County, as detailed in

Exhibit A; and

WHEREAS, FIND is willing to provide such assistance for the removal of eligible derelict

vessel(s) along the Intracoastal Waterway in Indian River County, subject to the terms and

provisions of this Agreement.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained

herein, the parties hereby agree as follows:

1. Subject to the provisions of this Agreement, Project Sponsor shall coordinate the

work for the Project. Project Sponsor agrees, with respect to the Project, that as between the parties

to this Agreement, it shall be solely responsible for any claims for damages resulting therefrom.

Project Sponsor agrees to indemnify FIND, its Commissioners, employees, and agents, from any

and all liabilities, claims, costs, damages, and expenses (including court costs and attorneys' fees)

arising from or related to Project Sponsor's actions regarding the Project.

2. FIND shall provide an amount not to exceed $3,375.00 for the components of the

project set forth in Exhibit A, with FIND paying the Project Sponsor up to seventy-five percent

(75%) of the amount actually expended for each component, up to the amount listed on Exhibit A

for said component, which shall also be in compliance with the District's policy on Small-Scale

Derelict Vessel Removal projects Exhibit C.

3. The funds to be provided by FIND to the Project Sponsor hereunder will be paid

within thirty (30) days of receipt by FIND of a request for payment accompanied by supporting

documentation showing expenditures equal or greater to the amount being sought from FIND.

93

4. The Project Sponsor, upon completion of the PROJECT, shall submit to the DISTRICT

a request for final reimbursement of the PROJECT AMOUNT less any prior installment payments.

The Payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the

Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion

of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project

Completion Certification Form No. 90-13 (Exhibit B), and (4) submission of a photograph(s) of

the completed PROJECT(s).

5. Project Sponsor shall, upon request by FIND, provide a report of final expenses

incurred on the Project. The Project Sponsor shall also retain all records supporting costs of the

Project for three (3) years after the end of the fiscal year in which the Project is completed, except

that such records shall be retained by Project Sponsor until final resolution of matters resulting

from any litigation, claim, or special audit that starts prior to the expiration of the three-year

retention period.

6. If Project Sponsor shall fail to fulfill in a timely and proper manner the obligations

under this Agreement, or if Project Sponsor shall violate any of the covenants, terms, or

stipulations of this Agreement, FIND shall thereupon have the rights to terminate this Agreement.

Notwithstanding the above, Project Sponsor shall not be relieved of liability for damages

or expenses as contemplated herein sustained by FIND by virtue of any breach of the Agreement

by Project Sponsor.

7. Any notice or other written communications between Project Sponsor and FIND

shall be considered delivered when posted by certified mail or delivered in person to the respective

party at the address indicated below:

To FIND:

To the Project Sponsor:

Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 Attention: Executive Director

Indian River County 1801 27th St, Bldg A Vero Beach, FL 32960 Attention: Coastal Engineer

94

8. This instrument embodies the entire agreement of the parties. There are no

provisions, terms, conditions or obligations other than those contained herein; and this Agreement

shall supersede all previous communication, representation or agreements, either verbal or written

between the parties hereto. This Agreement shall not be modified unless in writing and signed by

both parties hereto.

9. This Agreement shall be interpreted and construed pursuant to the laws of the State

of Florida. In the event of any litigation arising hereunder, the venue of any such litigation shall

be had only in the courts of Palm Beach County, Florida.

10. The rights and duties arising under this Agreement shall inure to the benefit of and

be binding upon the parties hereto and their respective successors and assigns. Neither party may

assign this Agreement nor any interest hereunder without the express prior written consent of the

other party.

11. Waiver of a breach of any provision of this Agreement shall not be deemed a waiver

of any ot.11.er breach of the same or different provision.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of

the date first above written.

WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT

By: ------------Executive Director

DATE: __________ _

WITNESSES: PROJECT SPONSOR

By: _ __________ _

Title: ___________ _

DATE: __________ _

APPROVED AS TO FORM

:JJJ:Jt.rJJ!_ or::?urtcOUNTY ATfOlt~Y

95

FLORIDA INLAND NAVIGATION DISTRICT SMALL-SCALE DERELICT VESSEL REMOVAL PROGRAM APPLICATION

PROJECT COST ESTIMATE (See Rule Sections 66B-2.005, 2.008 & 2.015 for eligibility and funding ratios)

APPLICANT:

PROJECT: c.016 OfttllCT VfSSfl ~Ma'lk - I£C

VESSEL LOCATION AND IDENTIFICATION: SE£ ffTTf(I-IE{) ~ffJP /f40 fW( (ME. '-Efet:fS

Project Elements Quantity Estimated Applicant's Cost FIND Cost (Please list the project cost elements and Cost

pruvide a general cost break out for each one.) (Number or cost per vessel )

I. DV FNNE 15-0fF-OOZ~4 J 1500 t tJ2.5 .J; I 315 J

?o fT CA~N ( iv1stR. ( DV-3) I

l. ()V i=WNE l•-CFF-OBb; l $ JSOO ZS F, SE~ CIW ( Dt ~4) s 2 000 $ 500

I l

**TOTALS= s....,l _r2_s __ s---"-13r---'31'--S __

Form No. 01-06 (New 04-24-06)

Agenda - 10 -

.u

96

EXIDBITB

FLORIDA INLAND NAVIGATION DISTRICT

SMALL-SCALE DERELICT VESSEL REMVOAL PROGRAM

Project Completion Certification

Sponsor: ____ \"'-....:c~=-.:...:' .... =-="'":...::...._\'2..=~.,µ.r=_.c;Co=u:.:.."'"'.;:;;:\-~"",.__----------------J

Project Title: Jo/6 uu-,L,\~c:..\ V.c.s~ \ ~~ \ ~ Project #: J cw - l P..- J 15'" -o \

I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and ____________________ , dated __________ , 20 __ , and that all funds were expended in accordance with Exhibit "A" and Paragraph 1 of the Project Agreement. *

Project Liaison Name: _______________________ _

Project Liaison Signature: ______________________ _

Date: -----------

*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided ins. 775.082 ors. 775.083 F.S.

FIND Form No. 90~13 (Effective Date: 12-17-90, Revised 7°30-02)

97

EXHIBITC Small-Scale Derelict Vessel Removal Projects Rule (Rule 66B-2.015)

Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions:

(1) Application Procedure - Applications shall be submitted on a completed FIND Form No. 05-01 (Small-Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06 (Small-Scale Derelict Vessel Removal Program - Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year.

(2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules.

(3) The program must be sponsored by an eligible government agency or not-for-profit organization.

(4) District funding shall be limited to $30,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre-agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C.

(5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District's cost-share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs.

(6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application.

(7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program.

(8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant.

(9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program.

(10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program.

(11) The District Board shall make all final decisions concerning the provision of funding for this program.

98

INDIAN RIVER COUNTY MEMORANDUM

TO: Joseph A Baird, County Administrator

THRU: Christopher R. Mora, P.E., Public Works Director CONSENT

FROM: Monique Filipiak, Land Acquisition Specialist

SUBJECT: Lease Extension, Mermaid Car Wash, 1935 43rd Avenue 43rd Avenue/SR60 Intersection Widening and Improvements Timothy E. Tynes and Joshana Tynes

DATE: April 5, 2016


The County purchased the Mermaid Carwash, located at 1935 43rd 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 43rd widening project was significantly delayed due to design, right-of-way and funding issues. The current County work program shows construction scheduled for 2018 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 $1,750.00 per month lease and they would like to renew it once again in 2016, with an effective date of May 1, 2016 and an expiration date of April 30, 2017. As previously stipulated, the monthly rent ($1,750) is due in advance on the 1st 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.

FUNDING

None

RECOMMENDATION

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, 2017.

99

ATTACHMENTS

Two Originals of the Lease Agreements

APPROVED AGENDA ITEM

Indian River County

Administration

Bud et

Le al

Public Works

Engineering

Date

'1/1/)4'

100

ORIGINAL

LEASE AGREEMENT

This lease entered into on this __ day of ___ , 2016 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:

W I T N E S S ET H:

1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant the 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, 2016, terminating April 30, 2017, 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 Early 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. T~nant has examined the pr~mises 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.

1 101

ORIGINAL

5. MAINTENANCE AND REPAIRS. The Tenant agrees to make any and all repairs and improvements to the leased premises and agrees to keep said premises in a safe, clean and attractive condition during the term of this Lease. Upon the expiration of the Lease, the Tenant shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this Lease, reasonable wear and tear and damage by the elements excepted.

6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall have the right to install on the premises such equipment, fixtures and other items necessary or convenient for its use of the premises. All equipment and property purchased by the Tenant and placed in, on, or about the leased premises, including equipment not affixed to the realty, shall remain the property of the Tenant. Tenant may remove same on or before the termination of the Lease, provided that if removal results in damage to any part of the leased premises, the Tenant shall return the leased property to a condition suitable for the original intended use of that part of the leased property. In addition, any and all personal property not attached or installed in any building or structure shall remain Tenant's property and may be removed on or prior to termination of this Lease.

7. PUBLIC UTILITIES AND TAXES. The Tenant will pay within time allowed for payment without penalties, all charges for non-ad valorem tax, 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 house, and a general liability policy protecting Landlord against all claims and demands that may arise or be claimed on account of Tenant's use of the premises in an amount of at least $200,000 for individual injuries and $300,000 per occurrence. The policy shall be written by a carrier licensed to do business in Florida

9.2. Special Requirements. Ten days prior to the commencement of tenancy, a certificate of insurance shall be provided to the Risk Manager for review and approval. The certificate shall provide for the following:

A. Indian River County shall be named as an "Additional Insured" on the general liability policy.

2 10.2

ORIGINAL

B. Indian River County will be given thirty (30} days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager.

9.3 Lapse in Coverage. If the tenant allows insurance coverage required under this lease to lapse, expire or be canceled it shall be an· immediate breach of the lease and grounds for eviction.

9.4 Damage by Fire or Other Causes. That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this Lease shall thereby be determined ended. Landlord shall not be liable to rebuild, replace or repair said premises.

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 1745 42nd Square #104 Vero Beach, Florida 32960 772-643-2009

Such notices to Landlord shall be addressed as follows:

Board of County Commissioners of Indian River County Attention: Bob Solari, Chairman 1801 27th Street Vero Beach, Florida 32960-3388

These addresses may be changed by either party by providing written notification to the other.

3 10.3

ORIGINAL

15. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from you county public health unit. This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404.056 for the purpose of public information and notification.

16. VIOLATION OF TERMS OF LEASE. If Tenant violates any of the covenants and conditions of this lease, then the Tenant shall become a Tenant at Sufferance, and in the event Tenant is evicted by suit at law, Tenant agrees to pay to Landlord all costs of such suit including a reasonable attorney's fee; that no assent, expressed or implied, to any breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach.

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.



Approved by BCC ______ _

ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller

4

Timothy E. Tynes

~~3tbb .. ~;gnature) / (Dai:e)

3 31 It . {Date)

Witnessed by

~ f?/ :s, I,~ Printed.name) c. (. p· ,_1.-, (Date) (Yl-;:;Nl ,...._~ T , I I•~ ,...__

104

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 43m Avenue, Vero Beach, FL 32960 Pl 0#33-39-04-00010-0000-00003. 0

5 105

TO:


MEMORANDUM

Joseph A. Baird; County Administrator

DEPARTMENT HEAD CONCURRENCE:

Stan Boling, AICP; ommunity Development Director \.

THROUGH: Phil Matson, AICP; MPO Staff Director J;1,,,. I

FROM: Brian Freeman, AICP; Senior Transportation Planner f'J P:-

DATE: April 1, 2016

CONSENT AGENDA

SUBJECT: Request for Approval to Enter into a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for a Commuter Assistance Grant

It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 12, 2016.

DESCRIPTION & CONDITIONS

For the past several years, the county has applied for and received transit operating assistance through Florida Department of Transportation (FDOT) grant programs. Those grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's transit service provider.

Last year, the county was approved for an FDOT Commuter Assistance Grant that provides funding for a circulator route (GoLine Route 16) in the Vero Beach barrier island business district. The circulator connects employment, business, tourist, and leisure destinations with a remote parking lot at Riverside Park, where the circulator also connects with GoLine Route 1. The circulator began service on July 1, 2015.

The grant has a local match requirement equal to 25% of the state funds. Because the match is provided by a local business, the circulator represents the first public-private partnership to support public transportation in Indian River County. The Vero Beach Hotel and Spa, is the source of the local match for the first two years.

F:\Commun ity Development\Users\MPO\ Transit\Gi-ants\Commuter\Beachside Circulator\20 l 6\bcc staff report.docx 106

To incentivize private sector participation in the project, the SRA has agreed to place advertising for the participating business on the beachside circulator bus. In subsequent years, it is expected that the local match will continue to be provided by the private sector. FDOT has confirmed that, should no business be willing to pay the local match, the County will be under no obligation to continue operating the service.

The cost to operate the beachside circulator is approximately $160,000 per year. Of this amount, the required local contribution is $40,000. For FY 2015/16, $204,900 is being awarded to the County. This amount is sufficient to fund over 20 months of service. If the proposed beachside circulator is successful, FOOT has indicated that it will remain eligible in future years for funding through the Commuter Assistance program.

In order to receive the funds for FY 2015/16, the BCC must enter into a Supplemental Joint Participation Agreement (SJP A) with FDOT, a copy of which is attached to this staff report (Attachment #2).

ANALYSIS

The attached resolution (Attachment# 1) authorizes the Chairman to execute the SJP A for Commuter Assistance Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the SJPA, MPO staff will transmit the SJPA to FOOT.

With respect to the Commuter Assistance Grant program, the county receives the grant funds and transfers those funds to the county's Community Transportation Coordinator and transit provider, the Senior Resource Association (SRA). The SRA, in turn, provides the service as directed by the county and as identified in the SJP A. In this case, the funds will be used to operate the beachside circulator.

FUNDING

The local match for the second year ofbeachside circulator service ($40,U0U) is being provided by a local business, the Vero Beach Hotel and Spa. During future years, it is expected that the hotel or another business will provide the local match. FDOT has confirmed that, should no business be willing to pay the local match, the County will be under no obligation to continue operating the service. Therefore, no county funding is required.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the attached Supplemental Public Transportation Joint Participation Agreement, adopt the attached resolution authorizing the Chairman to sign the agreement, and approve the agreement with the Vero Beach Hotel and Spa for contribution of the local match.

F:\Community Development\Users\MPO\Transit\Grants\Cornmuter\Beachside Circulator\2016\bcc staff report.docx 2 107

ATTACHMENTS

1. Authorizing Resolution for the Execution of a Public Transportation Supplemental. Joint Participation Agreement

2. FDOT Public Transportation Supplemental Joint Participation Agreement 3. Grant Budget Form

APPROVED AGENDA ITEM:

::~f 1/M_ fif::J Approved Date

Admin.

Legal

Budget

Dept.

Risk Me.r.

F :\Community Development\Uscrs\MPO\ Transit\Grants\Commuter\Beachside Circulator\2016\bcc staff report.docx 3 108

RESOLUTION NO. 2016 -----

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION SUPPLEMENT AL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION.

WHEREAS, Indian River County has applied for and been allocated state mass transit operating assistance under FDOT Procedure number 725-030-003-e, also known as the Commuter Assistance Grant Program; and

WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Indian River County --' Senior Resource Association; and

WHEREAS, Indian River County is eligible to receive grant funding under Title XXVI, Chapter 341 of Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and

WHEREAS, the Florida Department of Transportation provides Commuter Assistance Grant funds to Indian River County to assist in the continuance and expansion oflocal public transportation services.

NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS:

1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation to obtain $204,900 in FY 2015/16 state Commuter Assistance Grant funds for operating assistance as part of the County's ongoing public transportation service.

2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County' s Commuter Assistance Grant.

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 Bob Solari Vice-Chairman Joseph E. Flescher

F:\Community Development\Users\MPO\Transit\Grants\Commutcr\Beachside Circulator\2016\bcc resolution.docx Page 1 of2

t\iTACHMENT 1

of

RESOLUTION NO. 2016 - __ _

Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc

The Chairperson thereupon declared the resolution duly passed and adopted this 12th day April , 2016.


By: ------------Bob Solari, Chairman


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 Bob Solari, 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 12th day of April , 2016.

Notary Public

SEAL:

APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS

BY: ~~~ Stan Boling, ~ CP, Director Community Development Department

F:\Community Development\Users\MPO\Transit\Grants\Commuter\Beachsidc Circulator\20 16\bcc resolution.docx Page 2 of2 HO

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT

Number 01

725-030. 07

PUBLIC TRANSPORTAT ION

6111 Page 1 of 3

Financial Project No.: 437719-1-84-01

Fund: DPTO FLAIR Approp.: --=08=8=7'--'-7....,4 _______ _ Function: __ 2_15 _______ _ FLAIR Obj.: -'-'75,._1.,_.0""0.._0 _______ _

(item-segment-phase-sequence) Federal No.: ________ _ Org. Code: 55042010429 Contract No.: G0115 DUNS No.: 80-939-7102 Vendor No.: VF596000674007 ----------CF DA Number: CSFA Number: 55.007

THIS AGREEMENT, made and entered into this ____ day of

by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,

hereinafter referred to as the Department, and Indian River County

1801 27th Street, Vero Beach. FL 32960

hereinafter referred to as Agency.

WITN ESSE TH

WHEREAS, the Department and the Agency heretofore on the 23rd day of ~Ju=n~e~~2_0_1_5 __

entered into a Joint Participation Agreement; and

WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended

hereto; and

WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment

"A" for a total Department Share of $ 293,741.00

NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow

from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended

and supplemented as follows:

1.00 Project Description: The project description is amended

Supplemental funds for operations of the Beachside Circulator, a public-privately funded transit route. This service provides job access and a park and ride connection.

, }

ATTACHMENT '-lll

2.00 Project Cost:

Paragraph 3.00 of said Agreement is • increased O decreased by$ 273,200.00

bringing the revised total cost of the project to$ 391 655.00

Paragraph 4.00 of said Agreement is • increased O decreased by$ 204,900.00

bringing the Department's revised total cost of the project to$ 293,741.00

3.00 Amended Exhibits:

Exhibit(s) _J;L of said Agreement is amended by Attachment "A".

4.00 Contract Time:

Paragraph 18.00 of said Agreement 06/30/2020 .

S.00 E-Verify:

Vendors/Contractors:

1. 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 Vendor/Contractor during the term of the contract; and

725-030-07 PUBLIC TRANSPORTATION

6/11

Page 2 of'3

2. shall expressly require any 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 subcontractor during the contract term.

ll.2

725-030-07

PUBLIC TRANSPORTAT ION

6/11

Page 3 of3

Financial Project No. 4_3_77_1_9_-_1-_8_4_-0_1 ________ _

Contract No. G0115 --------------Agreement Date

Except as hereby modified, amended or changed, all other terms of said Agreement dated --=0=6=/2=3=/2""'0'""'1'""5'----

and any subsequent supplements shall remain in full force and effect.

tN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first

above written.

AGENCY

Indian River County

AGENCY NAME

SIGNATORY (PRINTED OR TYPED)

SIGNATURE

TITLE

FDOT

See attached Encumbrance Form for date of Funding

Approval by Comptroller

LEGAL REVIEW

DEPARTMENT OF TRANSPORTATION

Stacy.L. Miller, P.E.

DEPARTMENT OF TRANSPORTATION

Director of Transportation Development

TITLE

113

Financial Project No. 437719-1-84-01 --------------Contract No. ---=G--"0-'--11-'--'5'-------------

Agreement Date _06_/_23_/_20_1_5 __________ _

ATTACHMENT "A"

SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT

This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between

the State of Florida, Department of Transportation and Indian River County

1801 27th Street. Vero Beach, FL 32960

dated ____ _

DESCRIPTION OF SUPPLEMENT (Include justification for cost change):

Additional funds for the Beachside Circulator.

As Approved As Amended

Project Cost $118,455.00 $391,655.00

As Approved As Amended II.

Fund DPTO

Department: $88,814.00 $293,741.00

Agency: $29,614.00 $97,914.00

Federal: $ $

Total Project Cost $118,455.00 $ 391 ,655.00

Comments:

Net Change

$273,200.00

Net

DPTO

$204,900.00

$68,300.00

$

$273,200.00

Page 1 of 2 U4

ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT

Ill. MUL Tl-YEAR OR PREQUALIFIED PROJECT FUNDING

If a project is a multi-year or prequalifred project subject to paragraphs 4.10 and 17.20 of this agreement, funds

are programmed in the Department's Work program in the following fiscal year(s):

FY Amount

$ N/A

Page 2 of2 115

GRANT NAivfE: ____ ----'-F-"'D'""O'---'T'------"'C""o,,.m"'m"'u""t""er'--'A'-""ss.,.i,,__,st,.an"-'c"-'e'--'G"'-'-"ra=.,_nt ____ _ GRANT #: GO! 15

AMOUNT Of GRANT: $204,900

DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association)

CONTACTPERSON:~P~h~il=li~p=J.~M-'-=at=so=n,_ ______ ~ PHONE#: (772) 226-1455

I.

2.

3.

How long is the grant for? Five Years Starting Date: July 1. 2015

4.

Does the grant require you to fund this function after the grant is over?

Does the grant require a match? If yes, does the grant allow the match to be In Kind Services?

Percentage of grant to match: __ __,2,,_.,5'-----____ ___ 0,__,,1/o

5. Grant match amount required:$ 68,300

___ Yes _.,_,X,____No

X Yes ___ No _ _ _ Yes ___ No

6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency?

This grant is a Public-Private Partnership with the local match being supplied by a local business (Vero Beach Hotel & Spa)

7.

8.

Does the grant cover capital costs or start-up costs? . If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.)

Are you adding any additional positions utilizing the grant funds? lfyes, please list. (If additional space is needed, pkase attach a schedule.)

X Yes ___ No

___ Yes - "'"'X~_No

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

0 I 2.14 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? $Q

-~ - GrantAmmmt Other Matching Costs Match Total

First Year $204,900 $ $68,300 $273,200

Second Year $ $ $ $

Third Year $ $ $ $

Fourth Year $ $ $ $

Fifth Year $ $ $ $

Signature of Preparer: Uv1- CJ,~-- Date: C{- l-f-!Cp ATTA1 ~

{


TO: Joseph A. Baird; County Administrator

DEPARTMENT HEAD CONCURRENCE:

Community Development Director

FROM: John W. McCoy, AICP::fwf.i\ Chief, Current Development

DATE: April 4, 2016

CO'.'iSE:\T AGE.\JDA

SUBJECT: SR 60 Vero LLC's Request for Final Plat Approval for The Reserve at Vero Beach PD Phase 1 [PD-14-06-04 / 98010178-76081]

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 12, 2016.


The Reserve at Vero Beach PD is a 19.99 acre mixed use planned development consisting of three commercial lots and 159 multi-family units. The overall 19.99 acre parcel is located between SR 60 on the north and College Lane on the south and just east of the Sixty Oaks subdivision. The property is zoned PDMXD (Planned Development Mixed Use District) and has an M-1 (Medium Density 1 - Residential up to 8 units/acre) land use designation. The applicant has applied for final plat approval for Phase 1 which includes the three commercial parcels and covers 4.60 acres located at the north end of the project adjacent to SR 60.

On September 11, 2014, the Planning & Zoning Commission (PZC) granted preliminary PD plan/plat approval for The Reserve at Vero Beach PD. The Reserve at Vero Beach PD is a mixed use PD approved by the Board of County Commissioners at its regular meeting of October 14, 2014 along with a conceptual PD plan. The conceptual PD plan provides for three commercial parcels along SR 60 and a number of multi-family buildings to the south. The purpose of the Phase 1 final plat is to create individual commercial parcels, provide for common access, utility, and stormwater infrastructure that will serve the commercial lots and integrate with infrastructure that will serve the residential area to the south. Currently, Chick-Fil-A is under construction on one of the Phase 1 commercial parcels, and should be ready for occupancy in April 2016.

SR 60 Vero LLC is now requesting final plat approval and has submitted the following:

1. A final plat for Phase 1 in conformance with the approved preliminary PD plan/plat; 2. An Engineer's Certified Cost Estimate for the remaining required Phase 1 improvements;

F:\Community Development\CurDev\Final Plats\BCC staff reports\20 l 6FPrpts\ReserveatVBPhaselPD(PD-l 4-06-04 ) .doc 117

3. A Contract for Construction of remaining required Phase 1 improvements, with a letter of credit in the amount of$514,217.13.

The Board is now to consider granting final plat approval for The Reserve at Vero Beach PD Phase 1.

ANALYSIS:

Many,but not all, of the required subdivision improvements have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bondout" for the remaining required improvements (utility, paving, drainage, and landscape). Public Works, Utilities, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The proposed security arrangement, which represents 125% of the estimated cost to construct the remaining required Phase 1 improvements, has been reviewed and approved by county staff. It should be noted that all improvements within The Reserve at Vero Beach PD will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and warrantied to Indian River County as required, through the certificate of completion process. In addition, a warranty and maintenance agreement will be required for the paving and stormwater improvements, prior to issuance of a certificate of completion.

Legal provisions for utilities, drainage, and access are being handled through a combination of public utility easements and private reciprocal easements. Some of the required improvements (utilities and stormwater) will extend off-site to the south and integrate the commercial and residential development. County staff, including the County Attorney's Office, has reviewed and approved the Phase 1 final plat format and determined that all applicable final plat requirements are satisfied.

RECOMMENDATION:

Staff recommends that the Board of County Commissioners grant final plat approval for The Reserve at Vero Beach PD Phase I.

ATTACHMENTS:

1. Application 2. Location Map 3. Final Plat Graphic 4. Contract for Construction with Copy of LOC

APPROVED AGENDA ITEM: Indian River Co,

Admin.

Legal

Budget

Dept.

Risk Mgr.

F :\Community Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\ReserveatVBPhase I PD(PD-14-06-04).doc 2 118

INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION

Please indfoa~e the type of;lpplication befn( submitted:

Conceptual PD Special Ex-ceptfon:

Concurrent Con~eptual PD Special Exception & Preliminary PD:

Preliminary Planned Development:

Final Planned Development: >{ Note: For a PD rezoning please use the arpro~~•fa~e t:~,zonlng aiplication.

PROJECT NAME: R,ese-v \}(' v.,.. \ l..'i. '- V eJ~L• '-

Plan Number: PD~ 14- OL ·· 01 / Project#: q g CJ IO \ 7 g - 14 DJ / PROPERTY OWNER: (PLEASE PRINT)

S'k,¼O Vf.,/() . L l ('_ NAME . . . 1

APPLICANT (PLBASE PRrNT)

.9tVl1e ().~ 0 witR,P'

f O 5 Po\,(,,(!<- Rtiu.cJl NAME

ADDRESS ADDRESS

I \J . I • t \. - . l 9 O 9 .J criY, Jr~~~: z# 0 V' I l, [·. ·1 b -CIT_Y_, S_,T_A_TE_,-Z-IP __________ _

5~1- 7 ~,, - 555~· PHONE NUMBER PHONE NUMBER

sco~e-vt ~- c.:et170-vicflllt 1 0\M EMAIL ADDRESS EMAIL ADDRESS

St .u/<i:. L<> LQ...v\ CONTACT PERSON CONTACT PERSON

PROJtCT ENGINEER: (PLEASE PRINT)

/<if'l.ifey.,.. Hor11 (J.,,rd AS'~C.. NAME

1LJ 5 l ~ ~ St . s (,.; k z O 0 A DDRESS

Vero Be..~ Ft I CITY, STATE, zrp CITY, STATE,ZIP

77Z - 7 '-1 ~ - t.J f 00 7 7~ 71cf~ J 2.{ 3 PHONE NUMBER PHONE NUMBER .

Jivt1. v iit-u e li l'Ylley -k.,r,1 . !.cw, EM LADDRESS

L6 &>'lo~e IJeC{ScJ.;~. µe:f

:Jiv\-l Vi-rt ev EMAIL ADDRESS

~.~ f>lti~eul · CONTACT PERSON CONTACT PERSON

·1 it~/ .-J~ / ,. /I c;... .. 'dA« - t--· . . . .

. . ·.· / / SIGNA~EOFOWNERORAGENT

F;\Communrty Developme111\Users\Cur~pplioation~\PDAPP,doc Revised ]l\l)uary 2011 Page I of3

ATTACMM·ENT 1

i • r I

119

TAX PARCEL 10 #(s) OF SUBJECT PROPERTY: 33 - f ·; -· c5

PROPERTYCLASSIFICATION(SJ:

Land Use Designation Zoning District Acreage

M-- ! PD M -x D 1'1 .~ 'i

TOTAL PROJECT ACREAGE: 14 · Lt 9 Ac ---------------------------E Xl STING sITEUSE(S): lAillJ e, ve io p G!~j

PROPOSED SITE USE(_S) AND Thl!ENSITY {e.g.# of units, sq~are feet by use):

{ sq fl4 U.. ff• - t~w. I {( % ( f ,S t(,'-1_, «' ( 3 ) ~ ~<ZfM Wl er C- ,• J

e~l a rec I.. fl~ r l.c{.,t i Vl cl~Jes fu C :3 . 2 C OWi vu e ( C ,: cJ 6t<.fya.t eds. *~ PLEASE COMPLETE THE SUBMITTAL C:aR,CKLIST **

The following items must be attached to the application:

tJ!n If the applicant is other than the owner(s), a sworn statement Qf authorization from the owner~

NO Two deeds and a verified st.atement naming every individuf:!.Uiaving legal or equitable ownership in the property; If owned by a coll)oration, provide the namc:;s and adrlress of each stockholder owning rnote than 10% of the value of outstanding corporation shares;

Two copies of the owner's recorded warranty deed;

A check, money order or cash made payable to ''Indian River County":

Pl.anned Development Request - Conceptual PD Special Exception less than 20 acres 20-40 acres over 40 acres

$ 2075.00 2475.00 2575.00 + 100.00

foi; each additional 25 · acres over 40 acres

Pre1iminary PD Plan less than 20 acres 20-40acres over 40 acres

$ 1150.00 L250.00 1300.00 + 50.00

for each additional 25 acres over 40 acres

Final PD Plans

For concurrent application fees combine the appropriate fees and subtract $400.00,.

F;\Cominunity Dcvelopment\Users\CurDcv\Applications\PDAPP.doc ~vi,ed January 201 I PageZof3

ATIACH t1EAT 1 120

/ ND

~ ~ tJ o

# ~

Ten sets of complete Conceptual, Preliminary or Final PD (final plat plans must be signed and sealed by surveyor). Plans as per Chapter 915, pursuant to the type of approval being requested. ·

Any requirements of the zoning or subdivision ordimuice which the applicant is requesting to be waived (such as minimum lot width and size, street frontage requirements, setbacks, etc.), shall be clearly indicated by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sheet. · · ·

2 Aerials for conceptual or preliminary PDs

Itemized response to pre-application for cortceph.lal or concurrent applications

2 sealed surveys

3 sets offloor plans and elevation for conuriercial ot multi-family buildings

Written Sta.tement and Photograph of Posted Sign

For Final Plat's only

✓

CONSTRUCTION COMPLETE - BUILT oor: (A) Certificate of Completion from Public Works or copy of letter to Public Works an.d Utilities

requiring inspection ofimprovements

IF IMPROVEMENTS ARB DEDICATED TO TIIB PUBLIC:

(B) Original Engineer's Certified Cost for Improvements (Signed and Sealed)OR

CONSTRUCTION INCOMPLETE -BONDING OUT: (A) Original Engmeer;s Certified CostEstimate for Improvements (Signed and Sealed}

COPIES OF DOCUMENT$ TO BE RECORDED WITH THE FINAL PLAT:

a. Covenants, Deed Restrk,tions, Bylaws, etc. or Sttttement1.1iere Are None

b. Property Owner's Association Articles of Incorporation or Statement Indicating Why Recording of POA is Not Required

F:\Community Developrnent\Users\CurDcv\Applications\PDAPP.doc R~v,sed January 2011 Page 3 of3

ATTACHMENT 1 121

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[ERIDIAN LAN>~

l1171NDlit.N R.£VEJtBLVD,SUITE~1 VERO BEACH, FL. J2%01M.6905

PHONE~ m-794-1213.FAX: 772-m-10% a,u..Jt; INf~•LB69ru.COM

DRAINAGE EASEMENT DETAIL SCA.Lr \ 0

• 40'

~ l5H:E5

The Reserve At Vero Beach P.D. - Phase 1

CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS

NO. PD~ 14-06-04 J9'80t0178-7608t)

THIS CONTRACT, made and entered into this 4th day of April , 2016 by and between SR 60 Vero LLC, a Florida limited liability

company, the owner of property being pJatted as The Reserve At Vero Beach P.O. -Phase 1, hereinafter referred to as "Developer;" and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred tp as ;,County''.

WITNESSETH:

WHEREAS, Developer is cc>tnmen$ing proceedings to effect a subdivision of land within Indian Rivet County, F'lorida; and

WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be' recorded until the Developer has installed the required improvements or hi3.S 9t1at~nt¢ed fO the satisfaction of the County that such improvements will be instaUed; and

WHEREAS, Developer requests the approval. and recordation of a certain plat to be known as The Reserve At V~ro 8eaeh P.O. - Pha$e 1; and

WHEREAS; the required improvements are to be installed after recordation of this plat under guarantees posted with the County.

NOW, THE:REFQRE, IN CON$lDERATlON OF THE MUTUAL COVENANTS ANO P'ROMISSS HER121N CONTAINED; the parties agree as follows:

1. Developer agrees to construct on or before April 12, 2017, in a good and workmanlike manner, those improvement$ described as follows:

See Exhibit "A" attached hereto

or otheiwise required by the Indian River County Code in connection with the approval of said plat A copy of the plat shc;1U be recorded in the Public ReGotds Of hicJian River County, Floridc1 upcm the final approval of the Board of County Commissioners and made a part hereof for aJI purpos.es,

2. Developer agrees to construct said improvements strictly in accordance With the land ctevelopmet1t pf;:l@it, the most r-ecent set of pli;3ns and specificl=ltiOhs for this subdivision approved by the County and cm file in the Planning

l

A'TTACKMENT 4 127

and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right~of..:way permit, all of whJch are hereby incorporated by reference and made a part hereof.

3. In order to guarantee performance of this contract, Developer shall simultaneously,herewith furnish an irrevocable letter of qedit, having an ~?(piratiop cJate of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by a bc.tnking institution authorized to transact such business ih this state, in a form to be approved by the County, naming Developer as customer and

M AND T BANK as the underwriting bank, in the amount of $514,217.1'3, which amount is not less than one hUndred twemty;-nve percent (125%) of the estimated total cost of Trnprovernents rernainrng to. be consitructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of C011$truotion; DevettJper may at any time substitute guar~ntee$., sUl;>jec::t to the approval as to form and amount by the County.

4. Up to $1,000,000.00, or the limits of any applicable underlying or exces.s insurance coverage carried by Developer or to be obtained during the cours~. of the construction oft.he subdivision improvement$, Developer agrees to inctemnifyt hold harmless, and defend the County against any and all dah:ns, damages, losses; and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents; or contractors, subcontractors, laborers, qr suppliers, relating to the consfructicm of the rE:?qllired improvemenu;, including alt those impre>vements tp be C()nstructed on existing publicly dedicated or County.,owned property; such as street, sidewalk,. bikepath; lighting, signalization, traffic control, drainage, water, or sewer improvements.

5. The County agrees to approve the plat for recordatlon in the. Public Records of Jndfan River County, Florida upon a finding as to compUa:nce with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specificallye dedicated tQ the County for the potp<;>ses indicated on the ptat at the time of pl~t recQrd:c:1tion, However; nothJngheretO$hall be construed·as creating an obligation upon.the Countyte>·perforrn·· any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed.

Oevetoper sha,11 rernain responsible for utility meter boxesf $~Wet clean outs, cu1d drainag~ culvert inverts; to be in good repijir, access1bJe, com~cuy plumbed, and not covered with topsoil, concrete or impervious material for the 1-year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any sµbsequ~nt builder/homeowner. · ·

128

Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to.the ~atisfcic;ticm of County,. Developer acknowledges that Developer is responsible for posting a hyear warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The fllhQS j)9sted under this Contract for Construction of Required Improvements Will not be relec1sed tmtU the applicable 1-year warranty postings and appropriate warranty agreement and bHl(s) of sale are in place.

6. In the event the Developer shall fail or neglect to fulfill fts obligations under this contract c;lrtcl as reqµired py the lnd.ian River County Code, the Developer, as principal, ancl tne fetter of credit (or any County approved substituted guarantees) shalt be Jointly and severaHy liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to . engineerthg, .. eonstruction,. legal and contingent costs, . inclUding reasonable attorney's fees inclJ.rred by the Cou11ty1 together with any damciges, either direct or consequentiai, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. in no event, however shall the liability of the underwriting bank ( or any County approved $llbstituted gyaraotee~) tJhder this paragrciph exceed the total arnount of the original obfigc:1tion stated in the letter of credit (or any County approved s:ubstituted guarantees).

7. The parties agree that the County at its option shall have the right, but not the obligation, to co11strvct and install or, pQl'$Uant to receipt of competitive bids, cause to be constructect and installed the · required improvements in the event Developer shall ftdi or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit (or any County approved sµbstituted gui3rantees) for the final total CQ$t of the improvements anq Warranty., Developer $hall remain wholly liable for any resulting deficiency; should the letter qf cre(fit (or any County approved substituted guarantees)

.. Qe exhausted prior to completion of the .required improvements. lnno. eventshafl the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting: bank (or iJr1Y County c1pproved substituted guarantees) to construct ariq watrarity the reqLJired improvements, Developer hereby gives pertnis~ion to County, County's contractors c1nd subcontractors to go on its property, known a,s proposed The Reserve At Vero Beach P.O. - Phase t, for purposes of completing the required improvements. If any portion of the property ls sold by Developer, Developer acknowledges .that.• the .. 9rantinQ of .. this pern,ission Will. be preserved and reciteci in any dQeument tr~nsfetrih.g title to Developer's successor alid/or ~$signs,

3

ATTACHMENT 4 12,

8. Any letter of credit (or any Couhty approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for constructiori of the required improvements, or to benefit any lot purchaser(s), lJnle!Ssthe County shall agree otherwise in writing. · · · -- · · · · · · -- -- · · · · · · · · · · · ·

9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to ahy other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herefn. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties.

IN WITNESS WHEREOF, the parties hereto have set their hands_ and seals on the day and year first above written.

SR 60 VER.O Ll-0, a Fle>rida limited liability company.

;~ By r."7'""''7-f;.~~~~~~--=="7~..-

si~n: -~ ?L______ pnntname: S½rk 6L

u ority: Resolution No. 2005--121 - COUNTY

projected BCC plat approval di:ite: Aprjl 12, 2016

4

ATTACHMENT 4 1.30

THE RESERVE AT VERO BEACH'- OPC [ALL COMPLETED BUT NON-CERTIFIED UTILITIES St!OWI\I AS 90%CQMPLETE)

EARTHWORK

MOBILIZATION

EXCAVATE AND GRADE POND

FINAL GRADING

SODDING

EROSION CONTROL

IRR1GATION

SUBTOTAL PROFESSIONAL SERVICES

POTABLE WATER

4" C0 900 PVC/DI

6" C0900 PVC/Di

8" Cs900 PVC/DI

16" C-900 PVC/DI

CONNECT TO EXISTING16" & 12"

16"X8"TfE

16" Xl2" REDUC.ER

16' G.V.

8"G.V.

.6!'G.V.

4"G.V.

8" xS"'TEE

8" x 6"TEE

16"45 SEND

8" 45BEND

8" 22.SBEND

8" 11.5 BEND

FIRE HYDRANT ASSEMBLY

8"X8'' 'tAPPING SLEEVE

SUBTOTAL WATER

SANITARY SEWER 8" PVC SDR026 (0'-.6')

&" PVC SoR~2l> (6'...S'}

8" PVCSDR-26 {8'·10')

8" PVC SDR-26 (10'-12')

4' SAI\IITARY MANHOLE {0'-6'}

4' SA.Nl.TARY MANHOLE (61.8:I

4' SANITARY MANHOLE (8'-10')

if SANITARY MAN!iOlE (10'4:Z'J

8" CONNECTTO EXISTING MANHOLE 6'' SANITARY SERVICE

6" CLEANOUT SUBTOTAL SANITARY

UNIT

JS CY LS SF .LS·

LS

ONIT lF tF t.F [F

EA EA EA EA EA EA EA

~A EA EA EA 6A EA EA

. EA

UNiT LF LF LF LF tF· LF LF LF EA tf

.. ;A.

QUANTITY

1 31,200

1 93;149

1 1

QllANTITY 251 145

t,067 769 2 1 1 2 9 7

8 4

5 3 3 4

1 7 1

QUANTITY 291

390 418 275 2 3 2 ~ .

1 420

. ...... 3• .... .

UNITCOST

$10,000,00 $2.50

$:Zl,000,QO $0.20

SiO~ooo.oo $90,000.00

UNIT COST

$15.00 $17.57 $18.27 $56,44

$3;378.13 $1,538.13 $973.48

$6,256.30 $1,321.65 $J,,OOO.QO $800.00 $644.00 $603.18

$1,538.13 $419.75 $417.01 $413.15

$3,261.98 $4,542.50

Ut\llTCOST $27.69 $29.03 $34.81 $42.61

·s2,so1.3o

$3,4.91.55 $4,196.99 $4;861.63 $3,500.32

$13.07 $375;00

TOTAL COST $10,000.00 $78,000.00 $21,000.00 $18,629.80 $20,000.00 $90,000.00

$237,629.80

TOTAL COST $3,765.00 ·$2,547.65 $37,764.09 $43,402.36 $6,756.26 $1,538.13 $973.48

$12,512.60 $11,894.85 $7,000,00 $6,400.00 $2,576,00 $3,015.90 $4,614.39 $1,259.25 $1,668.04 $413.15

$22,833.86 $4,54250

$f1S,477 .Sl.

TOTAL COST $8,057;79

$11,321.70 $14,550'.58 $.11,717.75 $5,£14,60 ..

$10,474.65 $8,393.98

$14,584.89 $3,500.32 $5,489.40 SJ,12~.oo

$94,$30,66

2/16/2016

INCOMPLETE

$2,500.00 $3,900.00 $5,250.00

$18,629.80 $2,000.00·

$90,000.00 $122,279.80

INCOMPLETE .. $376.50 $254.77

$3,776.41 $4,340.24 $675.63 $153.81 $97.35

$1,251.26 $1,189.49 $7(XWO $640.00 $257.60 $301.59 $461.44 $125.93 $166.80 $41.32

$2,283.39 $454.25

$17,541.75

INCOMPLETE

$805 .. 78 $1,132.17 $1,455.06 $1.,171,7$ $561.46.

Sl,047.47 $839.40

$1,458.49 .$350.03 $548.94 $112.50

. % COMPLETE

75 95

75 0 90 0 49 ::pi.c ~

CtJ Jh111-%COMPLETE

90 90 90 90 90 90 90 90 90 9()

90

90 90

9() 90 90 90 90 90 90 90 90

131

DRAINAGE. 6" HOPE STORMPIPE-PE!lFORATED

lt' HOPE STORM Pl PE

1$'' HOPE STORil,'I PIPE

18" HDPESTORMPIPE

24" HOPI: stORMP!PE

36" HOPE STORM PIPE

FOOT TYP.E ·tiNLFT FOOT TYPE O INlET

fQbtTYPF91NLIT

STORM MANHOLE

SUBTOTAL DRAINAGE

. LIGHT & liEAVY ~UT't' ASPHALT. 3/4" TYPE S3 ASPHAJ,:t B/1.SE C(JlJ~E 3/4'' TYPES3 ASPHALT.SURFACE COURSE

1.1/4" ,:YPES;3 ASPHA(TS\JRFACE CO.URSE

TYPE F Cl.I.RB

TYPE· 0 CLIRB

WHEEL STOPS DUMPSTER PAD

SIDEWALK .STRIPINGAN.OSINAG.E

WE$TERN BUFFER LIVEOAK

BAI.DcYPRE$S CABBAGE PALM

SEAJ;~fE UGUSTRUM TREE

WAX !VIY~'tLE ('ODOCARPUS

.AWABt1t<fVi8iJI,/1LiM WALTER'SV!BU.MUM

GUlf MUHLYG~ bWAAFFAKAkA'tCHEE SOD

UNIT

LF LF LF LF LF LF EA EA EA EA

UNIT

SY SY SY LF LF EA SY LF LS

UNIT EA EA EA

EA EA EA

EA EA

EA EA EA SF

QUANTITY 517 148 23

340 1,215 748

6

3 25 5

QUANTITY. 6,098 6,098 2,108 2,324 709 55 105

1,.600 1

. QUANlJl'V 31 14 6

33 i9 65 30 185 43 59

.344 22,.907

UNIT COST $12.20 $18.10 $2:2.50 $27.91 $40.70 $63.50

$1,946.16 $2,587.68 $2,58L26 $2,581.26

$525 $5.25 $.9.00

$11.10 $1;0.QQ

$200:00 $40,QO ss.so

Sll.300,00

UNIT.COST

$220,00 $305.00 $10CtO() $115,00 Si90.0o $130.00 $55.00 s1urno $6.50 $6,50 $6.50 so.20 ··

ATTACHMErf 4

TOTAL COST $6,307.40 $2,678.80 $517.50

$9,489,40 $49A5llSO $47,498,00 $11,67$,96 . $7,763.04

$64,531.50 $12,906.30

TOTAlCOST $32,014.50 . $.32,()14.50 .$18,972.00 $25;796.40 $7,090,00

$11;000.00 $4;2()0.QO $8;800:()Q

$:1J,30Q,OO $151,1,'87,40.

l'QTAL CQ$T $6,l32P,00 $4,270;00 $60(),00

$3,795;00 $3,,plQJj0 $8,450,00 $1,650t00 $21,830.00

$279~50 sasa.so

$2,236.00 .. $4,5l31.4Q

$58,505.40

INCOMPLETE % COMPLETE $6,307.40 O $267.88 90 $51.75 90

$948,94 90 .$4,945.05 90 $4,749.80 90 $1,i6?:70 90 $716.30 90

$6,453.15 90 $1;290.63 90

$26,9$8.60 87 'f!t.C e--M (! 1/ii/H,

INCOMPI.UE % COMPLETE

$3,201.45 90 $32,014.50 o $18,972.00 Q

$2/,79.64 90 $709,00 90

$11,000.00 0 $4,20();QO 0 $8,800.00 0 Si:1.,300,00 o

CNCOIVIP~E % CO.I\IIPL~E S.6,a20;00 $4,2.70~00 $600,00

$3;795.00 $3,,EiiO.OO $8,450.00 $1,65().00 $21,.830;0()

$279.50 ,$~83.50 $2,236,00 $4p81Ao

$58;505.40

0

0 0 0

0 0

0 0

0

o,,(~v oY ,..,-''\ o~'f.\;·~

(",.:;;· !. 13.2

MAIN DRIVE lANDSCAPE UVEOAK·

ROYAL PALM

CABBAGE PALM

SEA GRAPE

UGUSTRUM TREE

RED TIP COCOPLUM

PODOCARPUS

GREEN iSi.AND FICUS

WAX LEAF JASMIN£

PARSONS'SJi)NIPER

SUBTOTAL EROSION CONTROL

CFA NORTH/ EAST & SR60 .FRONTAGE BUFF.ER DRAKE ELM

LIVEOAK

ROYAL PALM

CABBAGE PALM

SEAGRAP.E

JAPANESEBlUEBERRYTREE

llµUSTRUM TREE

PODOCARPUS

WM Ll:AF JASMINE

FAKAHATCHEE GRASS

SWEET VIBUMUM

DWARF FIRE BRUSH

STOKE'S DWARF HOUY

GULF MUNLYGRAsS

DWARF FAKAHATCHEE

SUBTOTAL EROSIQN COf([ltOL

PROFESSIONAL SERVICES ENGINcERING INSPECTION SEl.lV!CES ENGIN EERlNG FINAL CERTIFICATION

G~OTECHNICAL TE$i'ING SURVEY AS-8UIL!S

SUBTOTAL PRc:>FESSIOrtAi SERVICES ..

TOTAL$

~NIT

EA EA EA tA EA EA EA EA EA

.. EA

UNIT EA tA EA EA EA EA EA EA EA EA EA EA EA EA EA

UNJT' LS ·~

LS ls

QUANTITY 7 19 3

19 18

... 19

242 113 172

259

QUANTITY

9 14 3

21 9

24 16

110 34

111 220 46 1$0 47 24

(tOANTITV 1 1 1

1

UNIT COST

$220.00 $580.00 $100.00 $115.00 $190.00 $6.50 $55.00 $6.50 $6.50 $3.00.

UNITCOST

$175.00 $220A)O $580.00 $100.00 $115.00 $135.00 $190,00 $55.00 $6.,50 $6.50 $6.50 $6.50 $6,$0 $7.SO $6.50

UNIT COST

$60,000.00 $5,000,00

$30,195.00 Sio,000.00

PR<)PO~o· BONf>.AMoV~T(l.25%)

ATTACHMENT

TOTAL COST

$1,540.00 $11,020.00

$300.00 $2,185.00 $3,420.00 $i23.50

$13,310.00 $734.50

$1,118.00 $777.00

$34,5'28.00

TOTALCOSt

$1,575.00 $3,080.00 $1,740,00 $2,lQ0.00 $1;035.00 $3,240.00 $3;040.00 $6,050.00 $221.00 $721.50

$1,430.00 $299.00

$1,235.Q0 $.352.50 $156.QO

$26,275;00

TOTAL COST

$60,000.0.0 $5,0QQ:()O

$30,195.00 $10,000,00

$105,195.00

TOTAL ctiST

INCOIVIPlETE

$1,540,00 $11,020.00

$300,00 $2,185.00 $3;420.00 $123.50

$13,310.00 $734.50

$1,118.00 $777.00

$34,528.00

INCOMPLETE

$1,575.00 $3,080.00 $;1,740.00

$2,1Q0.00 $1,035.00 $3,240.00 $3,040.0(.l $6,050,00 $221,00 $721.50

$1,430J)O $299,00

$1,23,5,00 $352.50 $15Gc00

$2(;,275,00

INCOMPLETE $6,000:00 $4,00Q.00 $3 ;019.50 $10,oOo.OO $Z3,Q19,SO

%COMPLETE 0 0 0 0 0 ()

0

/.' ~t.,~\~I\, . y o:iv'f\

0~tet h,

%COMPLETE 0

0 0 0 0 0 ,0

0 0 0 0

%COMPLETE 90 20 90 0

78"3'.'(2.C; -e-NS @ :A&il 1"

lNCOMPtEtE % COMPLETE $411,373.71 $$14;:Z11;:U

62

~M&TBanl< Mand T Bank Trade Finance Operations 1800 Washington Boulevard 8th Floor, MC-MD1-MP37 Baltimore, MD 21230

Irrevocable

Tel: Letters of Credit: ( 41 O} 244-44 75 / 4587 Tel: Collections: (410) 244-4566 SWIFT: MANTUS331NT

Standby Letter of Credit No.: S81928350001

Beneficiary: INDIAN RIVER COUNiY

Applicant: SR 60 VERO, LLC 105 FOULK ROAD BOARD OF COUNiY COMMISSIONERS

1801 27TH STREET WILMINGTON, DE 19803 United States VERO BEACH, FL 32960 United States

Date of Issue: April 01, 2016

Amount: Not Exceeding USD 514,217.13 Five Hundred Fourteen Thousand Two Hundred Seventeen and 13/100 ' := : -:-ta · Dollars

WE HEREBY ESTA ACCOUNT OF SR, FOURTEEN THO .· BY YOUR SIGHT BANK IRREVOCA ACCOMPANIED BY .

1

STANDBY LETTER OF CREDIT IN YOUR FAVOR FOR THE 0 AMOUNT NOT TO EXCEED IN AGGREGATE FIVE HUNDRED IDRED SEVENTEEN AND 13/100 US DOLLARS ($514,217.13) AVAILABLE

WN ON MANDT BANK BEARING THE CLAUSE, "DRAWN UNDER MAND T BY LETTER OF CREDIT NO. SB1928350001 DATED APRIL 1, 2016,"

LLOWING:

1. THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY.

2 . A LETTER FROM THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, WITH APPROVAL SIGNATURES OF THE COUNTY ATTORNEY OR HIS DESIGN EE, AND THE DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET OR HIS DESIGNEE, STATING: SR 60 VERO LLC HAS DEFAULTED UNDER THE TERMS OF THE CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS RELATING TO THE RESERVE AT VERO BEACH P:D., PHASE 1, AND THAT THE AMOUNT OF THE DRAFT REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO FULFILL THE PERFORMANCE OF SAID CONTRACT.

THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLJFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF

SB 1928350001

ATTACHMENT 4 Page 1 of 134

~ M&T Bani< M & T Bank ~

CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR CONTRACT.

PRESENTATION OF DRAWING DOCUMENTS IN COMPLIANCE WITH THIS LETTER OF CREDIT SHALL BE PRESENTED AT OUR OFFICE AT THE ABOVE ADDRESS ON OR BEFORE THE EXPIRATION DATE, NOT LATER THAN 3:00 P.M. ALTERNATIVELY, PRESENTATION OF SUCH DRAWING DOCUMENTS MAY BE MADE VIA FACSIMILE TRANSMISSION TO 410-244-4147, OR TO SUCH OTHER FAX NUMBER IDENTIFIED BY US TO YOU IN WRITING. IN THE EVENT OF A FAX PRESENTATION, YOU SHALL: (I) PROVIDE TELEPHONIC NOTIFICATION THEREOF TO US AT 410-244-4801, OR TO SUCH OTHER TELEPHONE NUMBER IDENTIFIED BY US TO YOU IN WRITING, AND (I!} SEND THE ORIGINAL OF SUCH DRAWING DOCUMENTS TO US VIA OVERNIGHT COURIER AT THE ABOVE ADDRESS, PROVIDED, HOWEVER. THAT OUR RECEIPT OF SUCH TELEPHONIC NOTIFICATION AND ORIGINAL DOCUMENTS SHALL NOT BE A CONDITIONTO PAYMENT HEREUNDER. ANY CHANGE IN FAX NUMBER, PHONE NUMBER OR ADDRESS AFFECTING PRESENTATION, MUST BE PROVIDED IMMEDIATELY IN WRITING :o THE ATTENTION OF OFFICE OF MANAGEMENT AND BUDGET, AT BENEFICIARY'S ADDRESS. sue . . PRESENTATION SHALL BE CONSIDERED THE OPERATIVE PRESENTATION, PROVIDED, WEV THAT NY PRESENTATION RECEIVED BY US AFTER 3:00 P.M. EASTERN TIME SH' · DE° HAVE BEEN PRESENTED ON THE NEXT BANKING DAY ..

THE VENUE IS INDIAN RIVER COUNTY, FLORIDA AN LAWS OF FLORIDA.

SINCERELY,

B

SB 1928350001 ATTACHMENT 4 Page2off3S

To:

From:

Date:

Subject:

Indian River County Interoffice Memorandum

Office of Management & Budget

Jason E. Brown Director, Office of Man

April 4, 2016

Miscellaneous Budget Amendment 016

Description and Conditions

The attached budget amendment appropriates funding necessary for the following:

Consent Agenda

1. The Sheriff's Office has requested to have an update of the Spatial Needs Assessment and Master Plan originally completed in 2011 completed this year. The Capital Improvement Plan includes funding for the design of the Public Safety Complex during FY 18/19. These funds could be advanced to the current year. The attached entry appropriates funding in the amount of $150,000 from Optional Sales Tax/Cash Forward-Oct 1st_

2. The Human Resources Department is in need of a replacement copier. The attached entry appropriates funding in the amount of $950 from General Fund/Reserve for Contingency.

3. The North County Library is in need of a replacement condensing unit. The attached entry appropriates funding in the amount of $15,930 from General Fund/Cash Forward-Oct 1st_

4. The Roseland Community Center is in need of repairs. The attached entry appropriates funding in the amount of $15,000 from General Fund/Cash Forward-Oct 1st_

Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2015/2016 budget.

Attachments Budget Amendment 016 and Resolution

APPROVED AGENDA ITEM: /;

FOR: April 12, 2016

Indian River Count

Administrator

Legal

Budget

Department

Risk Mana ement

136


A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET.

WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2015-2016 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 2015-2016 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 2015-2016 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 Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc

The Chairman thereupon declared this Resolution duly passed and adopted this __ day of _______ , 2016.

Attest: Jeffrey R. Smith Clerk of Court and Comptroller

By _________ _ Deputy Clerk

INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners

By ___________ _


BY

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

__.../- '-----------CL-

COUNTY ATTORNEY 137

Exhibit "A"

Resolution No. 2016-

Budget Office Approval: nr ~-~ Budget Amendment: 016 Jasbn Ef rov. !,n, Budget Director

Entry Fund/ De~ent/Account Name Account Number Increase Decrease Number

1. Revenue

Optional Sales Tax/Cash Forward-Oct 1st 315039-389040 $150,000 $0

Expense

Optional Sales Tax/Sheriff-Law Enforcement 31560086-099040 $150,000 $0

2 Expense

General Fund/Reserve for Contingency 00119981-099910 $0 $950

General Fund/Human Resources/Office Supplies 00120313-035110 $950 $0

3 Revenue

General Fund/Cash Forward-Oct 1st 001039-389040 $15,930 $0

Expense

General Fund/Facilities Management/Maintenance-Air 00122019-034620 $15,930 $0 Conditioning

4 Revenue

General Fund/Cash Forward-Oct 1st 001039-389040 $15,000 $0

Expense

General Fund/Facilities Management/Maintenance-00122019-034610 $15,000 $0 Buildings

138

INDIAN RIVER COUNTY MEMORANDUM

TO: Joseph A. Baird, County Administrator

THRU: Christopher R. Mora, P.E., Public Works Director

FROM: Monique Filipiak, Land Acquisition Specialist G, SUBJECT: Purchase of Scrub Jay Property-10.64 Acres

2050 Barber Street, Sebastian, FL 32958

DATE: April 6, 2016


CONSENT

Jane Schnee, owner of the 10.64 acre property at 2050 Barber Street, approached the County and offered to sell the property.

The 10.64 acre parcel is located on the north side of Barber Street within the City of Sebastian, approximately one-quarter mile west of the FEC railroad tracks. The property is approximately 50% trees/vegetation and 50% grass/field.

The County has no plans to improve the property, but intends to purchase the property for the public benefit of acquiring native scrub land for conservation and for compatible passive recreation, as well as for potential future mitigation credit for public works projects. The property is zoned RM-8.

According to a listing compiled in 2009 by the County Land Acquisition Advisory Committee (attached), the Schnee property (aka "Sebastian Village Scrub") was valued at approximately $2.6 million. County staff negotiated with Ms. Schnee and agreed to a purchase price of $112,000.00 for the property.

There are no attorney or appraisal fees.

FUNDING

Funds for this expenditure are available through a Budget Amendment from Native Uplands Acquisition Fund/Cash Forward and expensed to Native Uplands Acquisition/ All Land -Acct# 12721072-066110

ALTERNATIVE

The Board's options include the following:

Alternative 1: Approve the attached Agreement for Purchase of property for $112,000.00 and authorize the Chairman to execute the contract on behalf of the Board.

Alternative 2: Reject the terms of the Agreement and cancel the purchase.

139

RECOMMENDATION

Staff recommends alternative #1: Approve the attached Agreement for Purchase of property for $112,000.00 and authorize the Chairman to execute the contract on behalf of the Board.

ATTACHMENTS

LAAC Sites Listing

Two Originals of the Purchase Agreements


FOR: April 12, 2016

,.,~;jifkr

Indian River Coun Date

Administration

Bud et

Le al

Public Works

Engineering

140

.. ... -

EXISTING/PROPOSED LAAC SITES ACREAGE/ COST ESTIMATES

SITE NAME

TORWEST PlNWR ADDITION

SOULE RIVERFRONT PARCEL CFHP EXPANSION ST. SES. RIVE GREENWAY CONNECTOR

HARTIG OCEANFRONT PARCEL ROUND ISLAND PARK ADDITION WINTER BEACH MARSH MORGAN'S IMPOUNDMENT NORTH TEN-MILE RIDGE - ANSIN (PDR) TRACKING STATION COASTAL STRAND HIGH POINTE SCRUB ORCA SOUTH LINK (REMAINDER)

SEBASTIAN VILLAGE SCRUB GITELES AGRICULTURAL EASEMENT

TOTAL:

OTHER SITES: (INFO. PENDING) ABANDONED RAILROAD GRADES OLD SEMINOLE WAR MILITARY TRAIL

DRAFT 03-2009

ACRES

47.00

4.80 19.60 90.00

1.93 7.78

156.62 53.37

2,891.00 8.69

161.00

0.93 10.67

75.00

3,528.39

TAX ASSESSED BALLPARK PURCHASE PRICE ASSUMING 50% COST-SHARE (OR "LAND JUST") VALUE PRICE

$ 5,384,850 $ 35,000,000 $ 17,500,000

$ 84,770 $ 85,000 $ 42,500

$ 4,468,800 $ 4,500,000 $ 2,250,000 $ 4,909, 180 $ 5,000,000 $ 2,500,000 $ 1,145,650 $ 1,200,000 $ 600,000

$ 858,670 $ 1,000,000 $ 500,000

$ 6,402,920 $ 6,500,000 $ 3,250,000 $ 469,440 $ 500,000 $ 250,000 $ 59,086,240 $ 48,000,000 $ 24,000,000 $ 12,386,740 $ 12,000,000 $ 6,000,000 $ 4,522,800 $ 6,000,000 $ 3,000,000 $ 153,940 $ 130,000 $ 65,000

$ 2,649,280 $ 2,500,000 $ 1,250,000

$ 1,743,360 $ 1,200,000 $ 600,000

$ 104,266,640 $ 123,615,000 $ 61 ,807,500

ORIGINAL

AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY

AND JANE SCHNEE

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the_ day of April, 2016, by and between Indian River County, a political subdivision of the State of Florida ("the County''), and Jane Schnee, who agree as follows:

WHEREAS, Jane Schnee owns property located at 2050 Barber Street, Sebastian, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and

WHEREAS, the County is purchasing the property for the public benefit of acquiring native scrub land for conservation and for compatible passive recreation, as well as for potential future mitigation credit for public works projects; and

WHEREAS, the County has contacted Jane Schnee and has offered to purchase the parcel as described on Exhibit "A" (the Property), and

WHEREAS, Jane Schnee is willing to sell her property to the County for native scrub land conservation if the County agrees to maintain and manage the habitat on Barber Street for Florida Scrub-jays, in perpetuity.

NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows:

1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein

2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 2050 Barber Street, Sebastian, Florida and more specifically described in the legal description attached as Exhibit "A", fee simple, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property").

2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the property shall be $112,000 (One Hundred Twelve Thousand Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this-Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority.

1

142

ORIGiNAL

3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller. The Seller shall convey title subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided there exists at Closing no violation of any of the foregoing.

3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing.

4. Representations of the Seller.

4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances.

4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County.

4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district.

5. Default.

5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim .for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing.

2

14.3

ORIGINAL

5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing:

6. Closing.

6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place at a mutually agreeable time. The parties agree that the Closing shall be as follows:

(a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3.

(b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof.

(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.

(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980.

(e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction.

6 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller.

7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents.

7.1 County shall pay the following expenses at Closing:

7 .1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement.

7.1.2 Documentary Stamps required to be affixed to the warranty deed.

3

144

ORIGINAL

7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any.

7.2 Seller shall pay the following expenses at or prior to Closing:

7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property.

8. Miscellaneous. The County will not be responsible in any claim or controversy arising out of or relating to any realtor fees from previous listing agreements.

8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters.

8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any an~ all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings.

8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties.

8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.

8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows:

4

145

If to Seller:

If to County:

Jane Schnee 1022 Foster Road, Apt. A Sebastian, FL 32958

Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Monique Filipiak

ORIGINAL

Either party may change the information above by giving written notice of such change as provided in this paragraph.

8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever.

8. 7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses.

8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original.

8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.

8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities arid Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller.

5

146

ORIGINAL

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.


Bob Solari; Chairman

Approved by BCC ___ ___ _

ATTEST:

~✓ 1~ 1~chnee

Jeffrey R. Smith, Clerk of Court and Comptroller

By __________ _

Deputy Clerk

Sufficiency:

County Attorney

6

147

ORIGINAL

EXHIBIT "A"

,

COMM AT THE SE COR OF SEC 20-31-39, TH N 00 DEG 33 MIN 15 SEC E ALONG THE E LINE OF SAID SEC 20 FOR 1298.48 FT TO THEN L INE OF THE SE 1/4 OF THE SE 1/4; TH S 89 DEG 18 MIN 21 SEC W FOR 1324.74 FT TOT HEW R/W LINE OF B ARBER ST (HAVING AN 80 , FT R/W), PBI 14-97, SAID PT BEING POB; TH S 00 DEG 13 MIN 13 SEC E, ALONG SAID R/W LINE, A DIST 0 F 264.04 FT TO PT OF C URVATURE OF A CURVE, CONCAVE TO THE NW, HAVING A RAD OF 200.00 FT; TH SW ALONG THE ARC OF SAID CUR VE, THRU A CENT ANGLE OF 68 DEG 00 MIN 00 SEC, A DIST OF 237.3 7 FT; TH S 67 DEG 46 MIN 47 SEC W, A DIST 232.68 FT TO THE PT OF CURVATURE OF A CURVE, CONCAVE TO THE SE, HAVING A RAD 0 F 3608.37 FT; TH SW ALONG THE ARC OF SAID CURVE, THRU A CE NT ANGLE OF 02 DEG 14 MIN 43 SEC, A DIST OF 141.40 FT; TH S 65 DEG 32 MIN 04 SEC W, A DIST OF 666.04 FTTO PT OF CURVATU RE OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 476.87 FT; TH W ALONG THE ARC OF SAID CURVE, THRU A CENT ANGLE 0 F 23 DEG 58 MIN 55 SEC , A DIST OF 199.60 FT; TH S 89 DEG 30 Ml N 59 SEC W, A DIST OF 70.19 FT, TO A PT ON E LINE OF OF SE BASTIAN HIGHLANDS UNIT 17 PLAT, PBI 8-46; ALSO BEING W LINE OF SW 1/4 OF SE 1/4 OF SAID SEC 20; TH N 00 DEG 31 MIN 44 S EC W ALONG SAID LINE, A DIST OF 589.98 FT TO A PT ON S LINE OF PALM LAKE CLUB, PBI 13-47; TH S 89 DEG 40 MIN 38 SEC E AL ONG SAID LINE, A DIST OF 1332.37 FT; TH N 00 DEG 05 MIN 58 SEC E, A DIST OF 330.63 FT; TH N 89 DEG 18 MIN 21 SEC E, AD 1ST OF 11.11 FTTO POB ; LESS THAT DESC POR FOR RD R/W AS IN OR BK 2557 PG 1312

Parcel ID Number: 31-39-20-00000-7000-00007 .3 Commonly known as: 2050 Barber Street, Sebastian, FL

7

148

·--· .•• . •. .. .• J l .· Pnnt foim ..... J

fNDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

Any orgunization or individual wishing to adurc!ls the Board of County Commission s hnll complete lhis

form and submit it lo the Indian RiHr County Administrator's Office.

PJlli..LI C DISCUSSIQN_J N FQRMA..TIQ_t!

J.pdia.n...RiY_t.t..~_Q.l!_l!.!.Y_..C..9JLL'S£..~tl@ .. Hl.~_,.QA{.l.!)}02.}:: as a general rule, public diwo:-.!>1011 items should be limited to matters on which the commission may take action

Indian River Cmrnty_c:,,id~ }i1;s_li.Q_11_LQ.b:Q1(l)~ limit remarks to three minutes unless additional time i.s granted by the commission

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IS A PIU:StNTATJON PLANNED'!

IS BACK-UP BEING PROVIDED'?

IS THIS AN ,\Pl'EAL OF A DECISION?

[B ·· Ye~ I [] Yes

O Yes

• No

~ No

Q-· · No

WHAT RESOLUTION ARE YOU REQlJESTrNG OF THE COMMISSION'?. __ . ... ::Z __ .flJ11. _________ _ <. " ; i .. .... r

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ARE PlJBLI<.: F'l'Nl>S OR ACTIVITl [ S REQUIRED? D Yes I El - No

WH -H Fl!NDS OR ACTIVITIES ARE REQ UIRED TO MEET TUTS IU:Q lJ EST'!

- - --- - ---·--·-¥·---•---·· .... ....... , ¥ · ¥"¥ ' . ..... . . .... . ••••••••• ••

Tran,mitted 10 Admin istrator Via: ln tera{:tive Web Form

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COUNTY Al>MI Nl~TrUTOR:

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149

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: G q_ D C r \ ?)o / _ 1/'_-Jfi_. ~ ---; J-.s-.-~-

ADDRESS: _l~---'--._/---lU ___ ~-~-~-- PHONE: ·~ 3 -31 g 1 SUBJECT MATTER FOR DISCUSSION:

IS A PRESENTATION PLANNED?

IS BACK-UP BEING PROVIDED

IS THIS AN APPEAL OF A DECISION

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION?

D YES

D YES

ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D YES

WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST?

Transmitted to Administrator Via: Interactive Web Form E-Mail Fax Mail Hand Delivered Phone

MEETING DA TE:

K] No

~ NO

~ NO

f .\County Admi~\ExecAsst\AGENDA\Public D1scws~i-on hems Form.doc Board Approved 1117/06

150

/ r A Office of the

INDIAN RIVER COUNTY ADMINISTRATOR

Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM


Joseph A. Baird County Administrator

April6,2016

Department Head Appointments

I would like to introduce the Board to the two newly appointed Department Heads.

Rich Szpyrka has been appointed to the position of Public Works Director to replace Chris Mora who is retiring effective May 31st, 2016. Mike Smykowski has been appointed to the position of Office of Management and Budget Director to replace Jason Brown who was selected by the Board to become County Administrator upon my retirement June 30th

, 2016.

APPROVED AGENDA ITEM Indian River Co Date

.[ Administrator

151

TO:

FROM:


MEMORANDUM

Joseph A. Baird; County Administrator

mmunity Development Director

DATE: March 29, 2016

COIVI Mt: NIT\' DEVELOPMENT

SUBJECT: Consideration of Recommendations from the Short Term Vacation Rental Advisory Committee (STVRAC)

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 12, 2016.

BACKGROUND

In July 2012, the Board of County Commissioners (Board) adopted regulations clarifying that " ... any residential dwelling unit offered for rent or lease for less than a month at a time shall not be considered a hotel/motel or lodging facility". That regulation change remains in effect and allows a residential dwelling unit in the unincorporated area of the county to be used as a "vacation rental" (see definition, attachment 1 ). At the time of the 2012 regulation adoption, the Board directed staff to track site-specific complaints related to vacation rentals and coordinate with the state to try to ensure compliance with state licensing requirements for vacation rentals. In 2012, the Board also expressed a desire to have vacation rentals "come out of the shadows" and come into compliance with state requirements and local tax obligations.

Since July 2012, county Code Enforcement has tracked site specific complaints related to vacation rentals and has coordinated with the state regarding state licensing of suspected "unlicensed" vacation rentals. To date, over a period of nearly four years, Code Enforcement has received complaints regarding a total of 18 specific, suspected unlicensed units. The location and disposition of those units with respect to proper state licensing is shown on the attached vacation rental complaint log (see attachment 2).

Last summer (2015), the Board heard concerns regarding vacation rentals and short-term rentals of residences for large events. Expressed concerns primarily involved over-parking and outdoor noise/disturbances. In response, the Board took three actions, as follows:

M:IAGENDA\Current Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 1 15.2

1. Considered and adopted a prohibition on commercial events (e.g. weddings) at residences, with allowances for events already booked at residences and for events held on 4+ acre agricultural sites subject to a special temporary use permit (see attachment 3).

2. Considered and adopted special parking regulations for vacation rentals, establishing standards for parking spaces outside of garages/carports with a maximum [cap] of 5 parking spaces located outside a garage/carport at any time day or night (see attachment 4).

3. Established (with a sunset provision) and appointed members to the Short Term Vacation Rental Advisory Committee (STRVAC) to advise whether or not additional vacation rental regulations are needed and to " ... submit recommendations on proposed legislation, ordinances, and rules to the Board of County Commissioners".

The two adopted regulations (actions 1 and 2) are in effect and are being implemented. The vacation rental committee (action 3) has met, determined that additional vacation rental regulations are needed, completed its tasks, and made its final recommendations to the Board. The committee's recommendations include: a new ordinance establishing additional vacation rental regulations, a schedule of fines for violations, and a requirement that staff provide a progress report to the Board one year after adoption of the new ordinance. Those recommendations were finalized at the committee's last meeting of March 17, 2016 (see attachment 5).

The Board is now to consider the STVRAC's recommendations and consider directing staff to initiate the formal land development regulation amendment process for review and adoption of a new vacation rental ordinance.

ANALYSIS

Since adoption of the commercial events prohibition and special parking regulations for vacation rentals (actions 1 and 2 above), staff has received only one complaint related to a potential violation of the commercial event at residence prohibition or vacation rental parking standards. That one complaint, received in February 2016, was prompted by a concern about over-parking. Code Enforcement is currently investigating that potential violation. Based on the reduced level of complaints, it appears that the commercial event prohibition and special parking regulations have had their desired effect, and there is no proposal or recommendation to change those regulations. With respect to the vacation rental committee initiative (action 3 above), the committee has conducted and completed its work as described below, and is considered sun-setted.

• Vacation Rental Committee (STVRAC)

The STVRAC met six times from October 2015 - March 2016 at monthly meetings centered around specific vacation rental topics. Meeting packets and notices were sent to a number of interested participants as well as committee members. All committee agendas, meeting materials, staff reports, minutes, and meeting videos remain available on the county website.

M:\AGENDA \Current Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 2 153

Topics and information reviewed or considered by the committee included the following:

October 2015 • Committee purpose and charge from the BCC

• Background and introduction of vacation rental issues

• Identification of potential regulation topics and committee schedule November 2015 • Parking regulations and commercial event prohibition already

adopted by BCC

• Establishment of a local license and tax compliance

• Monroe County Regulations, Moorings Committee Recommendations, Noise Regulations, Boat/watercraft Regulations, Polk County Rental Guide

• Vacation rentals in mixed use projects December 2015 • Fire safety requirements and occupancy limits

• Septic system standards and comoliance January 2016 • Homestead Exemption and Property Appraiser assessments

• Economic impact information

• Occupancy limits, HUD Fair Housing occupancy guidelines

• Fines and citations February 2016 • Occupancy limits

• Inspections and Length of local license March 2016 • Local license violation fine

• Recommended ordinance and reconsideration of occupancy limits

• Staff progress report to BCC after adoption of new ordinance

As part of concluding its assigned tasks, the committee made three recommendations, which are described below.

• Recommended Vacation Rental Ordinance

The committee considered a variety of vacation rental regulation topics and developed an ordinance that, if adopted, will establish new regulations specific to vacation rentals. The recommended ordinance does not propose any changes to the county's existing definition of "vacation rental", existing prohibition of commercial events at residences, or the existing vacation rental parking regulations. It is also important to note that all county regulations applicable to a single-family residence ( e.g. use and limitations on docks, noise and nuisance regulations, environmental regulations) apply to vacation rentals as well.

As structured, the ordinance will:

• Require the owner of a vacation rental unit to obtain a county license from the community development department, said license to be valid for 3 years with the ability of an owner to obtain a license renewal every 3 years.

• Require a license for each vacation rental unit, subject to an inspection of the unit by a county code enforcement officer prior to issuance of a license or license renewal.

M:\AGENDA\Current Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 3 154

• Establish license application submittal requirements including rental unit manager contact information; evidence of a state license, local Business Tax Receipt, and local tourist tax account; parking information; verification of state license fire protection items (smoke alarms, emergency lighting, fire extinguisher); acknowledgement of various county regulations on parking, noise, nuisances, environmental and safety regulations, and fines/citations.

• Establish special vacation rental regulations that include: - Posting or displaying specific safety and "good neighbor" information in the rental

unit - Parking regulations specific to vacation rentals (references regulations previously

adopted) - Prohibiting, commercial events at residences ( references regulations previously

adopted) - Maintaining a sleeping occupancy limit for adults ( 18 years or older) in a rental unit:

2 per bedroom+ 2 adults [Examples: maximum adult sleeping occupancy for 3 bedroom home: 8 adults; for 6 bedroom home ... 14 adults maximum]

- Providing fire protection items required for a state vacation rental license - Providing a carbon monoxide (CO) alarm - Keeping manager contact information up to date

Providing or otherwise stating the county vacation rental license number and sleeping occupancy limit in any advertisement or rental offering associated with the vacation rental unit

Considerable committee work involved setting a maximum sleeping occupancy limit. Although the committee acknowledged that such a limit would not be routinely enforced and in fact would be difficult to enforce, the committee felt that the limit would help prevent customers from overcrowding if a reasonable limit was set and was provided on advertisements and rental offerings. The committee also acknowledged that the special parking regulations already adopted by the Board help prevent over-crowding day and night. In the end, the committee settled on a sleeping occupancy limit for adults (18 years or older) iri each rental of 2 per bedroom plus 2 adults. The committee felt that the recommended occupancy limit will help prevent over-crowding and reasonably accommodates families while appropriately curtailing the use of a rental as an over-crowded "party house" by renters 18 years and up. As indicated above, the committee also recommends requiring every vacation rental advertisement and rental offering to state the maximum occupancy limit for the unit. In addition, the occupancy limit will be stated on the vacation rental license issued by the county.

The recommended vacation rental ordinance is attached (see attachment 6). If the Board directs staff to initiate the formal land development regulations amendment process, staff anticipates scheduling a public hearing before the PZC in May and a BCC public hearing in June.

• Recommended Fine Schedule for Violations

Fines & Citations Powers

Staff primarily enforces county codes by one of two means: by bringing cases to the Indian River County Code Enforcement Board (CEB) for Board issuance of orders and fines, or by issuing

M:\AGENDA\Current Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 4 15S

citations (similar to traffic tickets). The CEB typically imposes fines of $100 per day for unresolved code violations. As an alternative to the CEB hearing process, county code enforcement officers have the power to issue citations for various violations, subject to specific procedures set forth in County Code Section 103.07 and FS Chapter 162. County Resolution No. 92-59 established a schedule of citation fine amounts for various types of violations, including a $50 fine for vehicle parking and storage violations (per vehicle) and $50 for noise violations.

Citation procedures include issuance of a warning for an initial violation with time given for compliance. Most violations (80% to 90%) are resolved at this step in the process, without further code enforcement action. A violation that occurs thereafter may be cited per occurrence. Under the 92-59 citation resolution currently in place, for example, 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. Citations are typically issued to the landowner, but may also include a tenant, renter, or other identified violator, depending on the circumstances and evidence.

Specific types of violations and associated fine amounts can 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. It should be noted that a citation issued by code enforcement staff can be appealed to either County Court or to the Indian River County Code Enforcement Board. After due process, if the citation fine is upheld and remains unpaid, the fine is recorded in the public records as a lien against any real or personal property owned by the respondent.

Fines/Citations for Vacation Rentals

Regarding short term vacation rentals, the types of violations anticipated to occur most often that would warrant citations are parking violations, commercial events at residences, and failure to obtain or maintain a county license. County Resolution 92-59, which established fines and notice time frames for various code violations, includes fines for general illegal parking and storage ($50 per vehicle), but does not list a fine for commercial events at residences, for parking violations specific to vacation rentals, or for failure to obtain or maintain a license. For those reasons, the 92-29 citation resolution needs to be revised to list fines for those violations. Moreover, the revisions should distinguish between first time violations and repeat violations, with higher fines for repeat violations to deter recurrence.

For vacation rental vehicle parking violations, staffs position and the committee recommendation is that a $50 fine (per vehicle) for first violations and a $100 fine (per vehicle) for repeat violations are appropriate amounts. Regarding commercial events at residences, the fines should be substantially higher so as not to be absorbed as a "cost of doing business." Consistent with allowances under FS Chapter 162, staff supports and the committee recommends that the County establishment of a fine of $1,000 for first violations and $5,000 for repeat violations of the commercial event at residence restrictions. Last of all, the committee recommends that a deadline of 30 business days (±6 weeks) after notice be established for an unlicensed rental unit. As proposed, if that deadline passes without the unit owner obtaining a county vacation rental license, a $100 per day fine will start and accrue for each day that a violator has failed to obtain a license after the 30 day deadline.

M:\AGENDA\Current Year\2016\Consideration of Recommendations from the STVRAC 041216 BCC.docx 5 156

The recommended fine schedule for violations of county vacation rental and commercial events at residences regulations is attached (see attachment 7). The Board does not need to take action on the recommended fine schedule at this time but should adopt a fine schedule by resolution at the time of adopting the vacation rental ordinance.

• Recommended "Progress Report"

As a final matter for discussion, the committee considered the benefits of a "progress report" evaluation of the proposed vacation rental ordinance after adoption and implementation. Committee members expressed a desire for staff to perform an evaluation and provide a "progress report" to the Board as a public discussion item one to two years after ordinance adoption. In the end, the committee decided to recommend that the Board direct staff to present a "progress report" to the Board 1 year after adoption of the vacation rental ordinance. At this time, the Board does not need to take action on the progress report recommendation but should consider that recommendation at the time that it considers adoption of the vacation rental ordinance.

RECOMMENDATION

Staff recommends that the Board of County Commissioners:

1. Provide staff with any changes the Board believes at this time are necessary to the recommended ordinance, and direct staff to initiate the formal land development regulation (LDR) amendment process for review and adoption of the recommended vacation rental ordinance.

2. Direct staff to present a vacation rental violations fine schedule resolution for Board consideration at the time that the vacation rental ordinance is considered by the Board for formal adoption.

3. Direct staff to include a recommended motion for a vacation rental ordinance future "progress report" to be considered by the Board at the time that the vacation rental ordinance is considered by the Board for formal adoption.

ATTACHMENTS

1. Definition of "Vacation Rental" 2. Vacation Rental Complaint Log 3. Commercial Event at Residence Prohibition 4. Vacation Rental Parking Regulations 5. Unapproved Minutes of the March 17, 2016 STVRAC Meeting 6. Recommended Vacation Rental Ordinance 7. Recommended Fine Schedule for Violations

APPROVED AGENDA ITEM: Indian River Co,

Admin.

Legal

Budget

Dept.

Risk Mgr.

M:\AGENDA\Current Year\20 16\Consideration of Recommendations from the STVRAC 04121 6 BCC.docx 6 157

Vacation rental any residential dwelling which is rented or leased more than three (3) times in a calendar year to a tenant, individual, group of individuals, or party for a period of less than thirty (30) days, or which is advertised or held out to the public as a dwelling which may be regularly rented or leased for a period of less than thirty (30) days.

Attachment 1

158

t;; '-0

~ (") :T 3 (1) ::, -l'v

VACATION RENTAL COMPLAINTS -:.---·~ - ..:- •,,.,-M 'i';"~~_,. • .., __ ,.,. .. ,__ _ _ ~ ;.""' .... . ,~,..- - - - - - ,

----__ BPR j Code Officer Status _

-·· _ ~Address of Complaint Verify license w/DBPR Date rnmplain!Jiiven ~ ode Officer -.. ---1 2125 W Beachside Ln

-I 1571 Smugglers Cove

I -6450 Frances Manor

I 3

--; 3011 Calcutta Dr 4 : 3011 Calcutta D

5

6

7

8 9

10 11 12 13 14 15 16 17 18

I I 580 Reef Rd

I 1 8515 De Havilland Ct

~ rd St SE _ __

L 1~5.76 AlA . 1491 Smugglers Cove

· 13050 Hwy AlA

12600 Hwy AlA

12S70 Hwy AlA

12840 Hwy AlA ~----12800 Hwy AlA

12S76 Hwy AlA , 9350 77th Street

I 2160 Seagrape Dr

: 855 Reef Road

-

--

No license 7/16/2012

I - - -No license 7/11/ 12

I

i No license sent initial Sent initial contact letter to r to I contact letter to owners owners

I Nol No license 12/ 7/2012 12/ 7/2012

12/2/ 2013 ~

No license

--- - - ---No license 2/11/2014

No license - 3/21/2014 No license I 4/21/2015 No license 4/23/2015 No lice:ise 5/22/2015 No license 1ol1~;20:s -

' No license 8/7/2015 No license 8/7/2015 - .

i No license 8/7/2015

J No licen~e 8/7/2015 No license s11/5Jiis No license 9/10/2015 No license 2/10/2016

F :/ users/ kelly /vacation rent a ls/vaccor1 plai ntcha rt

--Rose Rose - - ----- -

Case closed by the state -

no license issued Vanessa Vanessa

------ - - - - -----, Case closed b')- the state -

Kelly Kelly ·+-- no license issued_ ---l

License issued f

- I --Kelly Case closed b', •. ·- _____

no license issued ---·--Rose Case dosed by the st ate -

no license issued - . . . -- - - -Vanessa Case closed by the sta: e -

no license issued -- · -

Vanessa License issued - . -_ _ B_etty License issued

-Vanessa Under state investigation

Betty ' Under state investigation Betty ! Under state investigation

Betty Not a rentar

B~ty I

Under state investigation I

Betty License Issued

Bet~ license Issued -Betty Under state investigation

Rose Under state investigation Rose - -- - · ... - •··-

Under state investigat ion '

4/1/2016 Indian River County, FL Code of Ordinances

Commercial event at residence. As defined in Section 901.03, it shall be a violation of this Code for

any owner to lease a single family residence as a location for a commercial event at residence to be held. It shall be prima facie evidence of a violation of this Code for an owner or owner's agent to advertise or hold out the property to be used as a location for a commercial event at residence.

(a) A commercial event at residence held at a site that is:

1. Four (4) acres or greater in area; and

2. At a site that is zoned agricultural; or

3. At a site used for agricultural purposes

must first apply for and receive a temporary use permit as prescribed by IRC Code Chapter 972 prior to conducting the commercial event at residence.

(b) If the owner of the property is not on the premises at the time of a commercial event at residence, it shall be a rebuttable presumption of a violation of this section.

(c) Notwithstanding the prohibition contained in paragraph (3) above, should this ordinance impair an existing contract for a commercial event at residence that is scheduled to be performed prior to September 30, 2016, holding the commercial event at residence shall not be a violation of this Code so long as the contract documents are provided to the community development director by October 31, 2015.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2015-013, § 1, 9-22-15)

Attachment 3 https://www.municode.com/library/fl/indian_river _county/codes/code_ of_ordinances?searchRequest=¾ 78%22searchText%22:%22com mercial %20event%20at .. 212

160

1. For a vacation rental that has a carport or garage, the number of automobiles that may be

parked outside of a carport or garage shall be limited to one (1) automobile per bedroom not to

exceed a total of five (5) automobiles parked outside the carport or garage. Automobiles parked

outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area.

2. For a vacation rental that has no carport or garage, the total number of automobiles parked

shall be limited to two (2) automobiles plus one (1) 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 and improved or stabilized driveway and not within any required yard area.

3. For all vacation rentals, all automobiles except for service and delivery vehicles shall be

parked on-site and shall not be parked within a road right-of-way except within a designated and improved or stabilized driveway.

Attachment 4 161

SHORT TERM VACAT!ON RENTAL ADVISORY COiilll\!ilTTEE

The Indian River County (IRC) Short Term Vacation Rental Advisory Committee {STVRAC) met at 10:00 a.m. on Thursday, March 17, 2016, in the County Administration Building, Building B, 1800 2ih Street, Vero Beach, Florida. You may hear an audio of the meeting; review the agenda and the summarized minutes on the IRC website:www.lrcgov.com/Boards/Shorttermvacationrentaladvisorycommittee/2016.

Present were: Chairman Glenn Powell, District 1 Appointee: Vice Chairman Joseph Paladin, District 2 Appointee; Joel Moiin~ri, Sr., District 3 Appointee; Alan Curtis, District 4 Appointee; Glenn He,·an, District 5 Appointee (arrived at 10:25 a.m.); Dr. Robert De\/Va~ers, Jr., Member-at-Large Appointee and An gela 8ac!dey Waldrop, Member-at-Large Appointee.

Absent was: George Bryant, Member-at-Large Appointee Alternate (excused).

IRC staff present were: Sra~ Boling, Community Development Director; Dylan Reibigo!d, County Attorney; Bill DeBr2a!, Deputy County Attorney; Jf!son Brown, Management & Budget Director; Ro!ar,d DeBlois, Chief Environmental & Code Enforcement; Commissioner Petei' D. O'Sryan, District 4; and Misty L. Pursel, Commissioner Assistant, District 1 and Recording Secretary.

Others present were: Le.oy SmHh, Indian River Sheriff Deputy; Mayor Jay Krame.-, City of Vero Beach; Carte, Taylor, Dan lamsor1, and Honey Minuse, Indian River Neighborhood Association (IRNA); Geor~e Lamborn, Colleen Rosg,nbaum, Miles Conway, Hei'b \Nhitall, Joe Ezrmarn, Marie Bondy, Milt Thomas, Liza Green, Sharen Kramer and Bronia Jenl<ins, Interested Parties.

Call to Order & Welcome

Chairman Glenn Powell called the meeting to order at 10:00 a.m., and a quorum was noted.

Approval oJi\Jlinl!i'.es of February 11, 2016 - Action Required

Dr. Miles Conway pointed out two revisions: (1) On Page 2, Under New Business, last paragraph of Mr. Conway's statement, add the word "houses" on the third line, after the word "boarding"; (2) On Page 5, first paragraph of Mr. Conway's statement, add the word "houses" on the third line, after the word "boarding".

ON t\.liOTION BY Vi<:e Chakman P~l~d ig-i1 SECONDED BY Mrs. Waldrop, the members voted unanimously (6-0) to ap~e-ove foe minutes of February n, 2015, as amended.

1 Short Term Vacation Rental/Unapproved March 17, 2016 C:\Users\stan\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3KNSCNNO\Minutes 3 17 16.docx

Attachment 5 16.2

New Business - Stan Boling, Community Development Director

a) Local License Fine Amounts (revised) -Action Required

Mr. Stan Boling, Community Development Director, summarized his memorandum dated March 8, 2016, entitled "Re-consideration of Proposed Fine Amount for Local License Violations", with Attachment 1, providing overview and analysis concerning proposed fine amounts and citations for violations of county regulations for vacation rentals and commercial events at residences. A copy of the memorandum with attachments are on file in the Commission Office.

Mr. Boling pointed out in the last STVRAC meeting in February, 2016, the committee reviewed a recommended revised schedule for citations and fines which added items to the existing fine schedule such as vacation rental parking violations, failure to maintain up-to-date rental manager contact information, and commercial event violations which will have a stringent fine. He reminded the Committee of the discussions regarding failure to obtain or maintain a County vacation rental Hcense wherein the Committee asked for reconsideration of the fine amount proposed; hence, the proposed revision on Page 3 of the Citation Ordinance was increased from $25 per day fine to $100 per day fine.

A lengthy discussion ensued by the Committee members and the general public regarding once compliance was reached, after having been allowed 30-days to correct, arid should the same violation repeat, the fine would start again, accumulating until the license was obtained, without an additional 30-day warning. Discussion included debating a $100 a day fine versus $500 a day fine.

Mr. Roland DeBlois, Chief Environmental & Code Enforcement confirmed the proposed revised schedule of fines was consistent with other County's Code Enforcement fines. He pointed out when Code Enforcement issued a renewal license violation, an additional 30-day warning was provided, given the time frame of the license renewal (3 years); however, with a general violation such as a parking violation, should compliance occur one week and then the next week, violation occurs again, another 30-day warning would not be given. He stated some discretion was provided as to the duration between warnings.

ON MOTION BY Dr. De\f1hders, Sr., SECOi,!.DED BY Mrs. Wa!clrop, the members votet'. 5-i (~Jiolinari opposed) to adopted staff's recommenciation for a 30-d2.y warning, foen $100 per day for i10t having a licai'lse; not including ai1y othei viol&tion.

..k • l

b. Committee R.ecommes,daiion on Ordinance Establishing Local License and Additional Regu~ations - Action Required

Mr. Stan Boling, Community Development Director, summarized his memorandum dated March 9, 2016, entitled "Consideration of Proposed Ordinance Establishing a Requirement for a County Vacation Rental License and Vacation Rental

2 Short Term Vacation Rental/Unapproved March 17, 2016 C:\Users\stan\AppData\Local\MicrosoftlWindows\Temporary Internet Files\Content.Outlook\3KNSCNNO\Minutes 3 17 16.docx

Attachment 5 163

Regulations", with Attachment i (draft Ordinance), providing overview and analysis concerning the Committees review and considerations of va riaus issues, topics, and data related to vacation rentals over the past several months and 5 committee meetings effecting the proposed draft ordinance to be presented to the Board of County Commissioners (BOCC) for consideration. He reminded the Committee the proposed ordinance did not change the existing definition of vacation rental, the vacation rental parking requirements or the prohibition of commercial events at a residence, adopted by the BOCC in September, 2015.

Mr. Glenn Heran arrived at 10:25 a.m.

Chairman Powell suggested to break down discussions into two parts: (1) discussion regarding occupancy limits; and (2) review of all recommendations.

ON ilflOTiON BY Vice Chairman Paladin, SECONDED av Dr. DeWaters, Sr., the mambars adopted staff's rscommendations, exciuding the s:ee;J occupancy tirnit portion of t:,e ~roposed draft Ordinance.

U'NDf R DISCUSSION, lengthy discussions ensued by the Committee members and the general public regarding additions and/or deletions to the proposed draft Ordinance.

ON MOT!ON BY Vice Chail."man Paladin, SECOMDED BY Mr. Curt~s, the membe,s vo~ed un2r.imous1y (7 .o, io delete Section 1, Item 7.5 rega,ding posting of "Walk-in clinic information" of the proposed draft Ordinance.

ON i\fiOTfON BY Vice Chairman Pel2.din 1 SECOl'lDED BY Mr. Curtis, the members voted un~nimously (7-0) to direct staff tc reword Section •i, items 6.d and 7.4, by including reference wHh Chapter 974 regulations compliance, and ·io !nc!ucie a brie·i descrip'i:ior. of day arud night decibel leveis and the no dSs~mbance hours.

Or\! MOTION BY Mr. Curtis, SECOf\iOED BY Mr. MoHnarl, the rnembell's recommended staff to add s requirement for a Carbon Monoxide detectors for interior gas appii,mces.

UMDER DISCUSSION, a statement was made by Mr. Taylor regarding the definition of a public lodging establishment.

Dr. Conway announced he had a statement to be read into the record; however, he wished to reserve the statement for the end of conversation.

3 Short Term Vacation Rental/Unapproved March 17, 2016 C:\Users\stan\AppData\Local\Microsoft\Windows\Temporary Internet Files\CatJtent.Outlook\3KNSCNNO\Minutes 3 17 16.docx

Attachment 5 164

THE CHAIRMAI~ CALLt'=D THE QUESTION, and the Motion passed 5-2; Heran and Waldrop opposed.

THE CHAIRMAN CALLED THE QUESTION, regarding overall staff recommendations to the proposed draft Ordinance, and the Motion passed unanimously 7-0.

Lengthy discussions ensued by the Committee members and the general public regarding the number of sleeping occupants per bedroom allowed, the definition of an adult, whether to consider the property size of the residence when determining occupancy limits to ensure quiet enjoyment in a residential neighborhood.

ON M'QT;QN BY Vice Chairman Paladin, SECONDED BY Mr. Herai'i, the members recommenclecl the occupancy limits be set at two aduas per bedroom, plus two adu~ts, not including children unde, 'I?..

UNDER rnsCUSSION, opinions were voiced regarding total occupancy not regulated, whether occupancy limits complied with septic tank standards, impacts of short term. rentals on neighborhoods, occupancy regulated by heads on beds and the age limit of a child.

ON MOTION BY Vice Chairman ?aiadin, SECONDED BY Mr. Hera11, the members voted (2-5; Powei~ Molinari, Curtis, Waldrop and Dewaters opposed) which FAILED DUE TO THE LACK OF MAJORITY, to recomm3nd the occupancy limiis be set at two adu!ts per bedroom, plus two adu!ts, not including ch:ldren untie;• the age of 1€. . l fr\,- ~

A~ 'f \ !V

?N i\liOTION !3Y Vice Chairman Paiadin! SECONDED BY -~ R~c• D"' '°'J~ ll!ir. Hernn, ·the members voted unanimously (7-0) to · : ;\/l{,., ,,c1:, recommend the occupancy limits be set at two adults c-.;'.)-pei" bedroom, p!us two ~duiis, r.oi includlng children under the age of 'i8.

Dr. Conway read a statement of disagreement into the record. A copy of the statement is on -file in the-Commission Office.

Mr. Heran left the meeting at 11;50 a.m.

4 Short Term Vacation Rental/Unapproved March 17, 2016 C:\UserslstanlAppData\Local\Microsol't\Windows\TemporafY Internet F iles\Content,Outlook\3KNSCNNO\Minutes 3 17 16,docx

Attachment 5 16.S

Other Business - Joe Paladin, Vice Chairman

~) Racommencfation on "Progress R.eporl:" TVtfO y· eats After Adoption of New Ordinance

ON MOTiON BY Vice Chairman Paiarlin, SECONDED BY Mrs. Waic'irop, the members voted unanimously (6-0) to recommend staff bring bacl{ to ·ihe Board of Cou=-ity Commissioners one-year after adoption, a comprehensive review of the reg~!ai:ions this Commatee has recommended.

Other Matters

Mr. George Lamborn read into the record a Statement. A copy of this Statement is on file in the Commission Office.

Adjournm~nt

There being no further business, the meeting adjourned at 12:07 p.m.

No further meetings were scheduled for the Short Term Vacation Rental Advisory Committee.

5 Short Term Vacation Rental/Unapproved March 17, 2016 C:IUsers\stan\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\3KNSCNNO\Minutes 3 17 16 docx

Attachment 5 166

ORDINANCE 2016-

AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); ESTABLISING REQUIREMENTS FOR A COUNTY VACATION RENTAL LICENSE AND OTHER VACATION RENTAL REGULATIONS BY CREATING ZONING CODE SECTION 911.15(9); AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICAITON; SEVERABILITY; AND EFFECTIVE DATE.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING BE AMENDED AS FOLLOWS:

SECTION #1:

Zoning code section 911.15(9) is hereby created to read as follows:

(9) Vacation rental local license and regulations

(a)

(b)

The owner of a vacation rental unit shall obtain from the community development department a vacation rental license. A separate license shall be required for each vacation rental unit. Each license shall be valid for a period of three (3) years from the date of issuance unless terminated by the owner or revoked by the county, and each license may be renewed every three (3) years upon approval by the community development department. A license may be transferred to a new owner upon submission of updated license information and execution of and assumption of license obligations and conditions on a form provided by the community development department. 1. A license application shall be submitted to the community development

department on a form provided by the department. 2. License application review shall be managed by the community development

department in coordination with other county departments, local agencies, and state agencies.

3. Prior to issuance of a license or a license renewal, a county code enforcement officer shall conduct an inspection of the vacation rental unit for compliance with the requirements of this section of the zoning code [911.15(9)].

License application submittal requirements are as follows:

1. Rental unit manager contact information (cell phone number, email address. mailing address).

2. Documentation that the applicant has obtained the following:

a. State license for vacation rental unit b. Local business tax receipt from the Tax Collector c. Local tourist tax account from the Clerk of the Circuit Court

Attachment 6

M:\AGENDA\Current Year\2016\Recommended Vacation Rental Ordiance - attach 6 041216 BCC.docx 1 167

ORDINANCE 2016-

3. Parking compliance information: number of garage and/or carport spaces. number of rental unit bedrooms, maximum number of automobiles allowed outside of garage/carport. location of spaces accommodated on improved or stabilized driveway.

4. Verification that state license fire protection items have been provided in the vacation rental unit: smoke alarms, emergency lighting, fire extinguisher.

5. Unit interior under air information: number and dimensions of bedrooms.

6. Acknowledgment form provided by the community development department, executed and dated by the rental unit owner and manager. The acknowledgment form shall provide information regarding the following county requirements for vacation rentals.

a. Prohibition on commercial events at residence (e.g. weddings) b. Special parking regulations c. Sea turtle protection regulations (for rental units located east of SR A-1-A) d. Noise regulations: Chapter 974 noise regulations which include day and

night decibel level limitations and more stringent "no disturbance" requirements from 10 pm to 6 am

e. Limitations on dock/boat use: (for waterfront rental units): no more than 2 boats moored per dock. dock used by unit owner or renter only. no liveaboard use; (all rental units): no more than 2 boats stored or parked per unit

f. Fire safety requirements and maximum sleeping occupancy limitations g. Fines and citation penalties for violations

7. Acknowledgment that the following information will be posted or displayed inside the vacation rental unit prior to inspection of the unit by the county code enforcement officer:

1. Manager contact information 2. Maximum number of parked automobiles and boats, and approved parking

locations 3. Trash and recycling pick-up days and protocol for placing and

retrieving/ storing containers 4. Noise regulations: day and night decibel level limitations and more

stringent "no disturbance" requirements from 10 pm - 6 am 5. Location of smoke alarms, emergency lighting, and fire extinguisher. 6. Emergency room information 7. Sea turtle protection information (for rental units located east of SR A-1-A 8. Maximum sleeping occupancy (number of persons)

8. Application fee established by resolution of the Board of County Commissioners.

Attachment 6

M:\AGENDA \Current Year\2016\Recommended Vacation Rental Ordiance • attach 6 041216 BCC.docx 2 168

ORDINANCE 2016-

( c) Vacation rental local regulations are as follows:

1. Parking and storage of vehicles shall conform to the requirements of zoning code section 911.15 ( 4 )(b).

2. Commercial events shall be prohibited in accordance with zoning code section 911.15(8).

3. The overnight total maximum sleeping occupancy of adults (18 years or older) at a vacation rental unit shall not exceed two (2) per bedroom plus two (2) additional adults. The unit occupancy limit confirmed by the county code enforcement officer shall be stated on the local license.

4. Fire protection items required for a state vacation rental license shall be provided in the vacation rental unit. a. In addition, a carbon monoxide (CO) alarm, when required under

Section R315, Carbon Monoxide Alarms of the Florida Building Code - Residential, shall be provided.

5. Changes in the vacation rental manager and/or changes in the manager contact information shall be provided to the community development department within ten (10) days of the change.

6. The local license number, and the occupancy limit confirmed by the county code enforcement officer, shall appear or be stated in any vacation rental unit advertisement or any rental offering associated with a vacation rental unit.

SECTION #2: SEVERABILITY

If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein.

SECTION #3: REPEAL OF CONFLICTING ORDINANCES

The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.

SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES

The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.

SECTION #5: EFFECTIVE DATE

This Ordinance shall take effect upon filing with the Department of State.

This ordinance was advertised in the Press-Journal on the _ __ day of ___ , 2016, for a public hearing to be held on the ___ day of , 2016, at which time it was

Attachment 6

M:\AGENDA\Current Year\2016\Recornmended Vacation Rental Ordiance- attach 6 041216 BCC.docx 3 169

ORDINANCE 2016-

moved for adoption by Commissioner ______ _ _______ , and adopted by the following vote:

Chairman Bob Solari

Vice Chairman Joseph E. Flescher




seconded by

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

Commissioner

The Chairman there upon declared the ordinance duly passed and adopted this __ day of

-----' 2016.

BY: Bob Solari, Chairman

ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller

BY: Deputy Clerk

This ordinance was filed with the Department of State on the following date: ______ _

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

Dylan Reingold, County Attorney

APPROVED AS TO PLANNING MATTERS

Stan Boling, AICP; Community Development Director

M:\AGENDA\Current Year\2016\Recommended Vacation Rental Ordiance - attach 6 041216 BCC.docx

Attachment 6

4 170

REVISED SCHEDULE OF FINES

AMENDMENT TO RESOLUTION NO. 92-59 and Resolution 2013-089 Attachment A

CITATION ORDINANCE SCHEDULE OF PENALTIES & NOTIFICATION TIME FRAMES

VIOLATION TYPE SECTION FINE1 NOTICE TIMEFRAME2

Contracting

Unlicensed contracting 400.01(1) $500 NIA

Contractor advertisement violation 400.01(5) $500 NIA

Licensed contractor or owner-builder 400.01(6) $500 NIA hiring unlicensed contractor(s)

Uninsured contractor violation 400.05 $500 NIA

Fraudulent license 400.07(1) $500 NIA

Deliberate disregard of county 400.07(6) $500 NIA contracting ordinance

···-·-··-··-•-

Other contracting violations 489.l27(F.S.) $500 NIA specified in F.S. Chapter 489 489.l32(F.S.)

General

Debris burning wlo permit 925 $450 NIA

Violation of issued burn permit 925 $300 24 hrs.

Boat/trailer storage 911.15(7) $50 48 hrs.

Commercial vehicle storage 911.15(3) $50 48 hrs.

Occupancy w/o C.O. 914/401 $450 24 hrs.

1 Each day the violation exists represents a separate violation. 2The 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. 3The fine shall be $ I 00 for those violations by a person who has previously been found through the

Code Enforcement Board or any other quasi-judicial or judicial process to have violated, or who has admitted violating, the same section, notwithstanding that the violations occur at different locations.

F:\Cornrnunity Development\Short Tenn Vacation Rentals\CitationFeeSchedule.rtf 1

Attachment 7 171





Building Code violation (wlo 401.06 $450 24 hrs. 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(l)(c) $100 48 hrs. - Illegal (non-waste) fluid · 312.06(1)(e) $100 48 hrs.

discharge 312.06(1 )(k) $250 NIA - Work without proper traffic 312.06(1 )(n) $250 NIA

controls 312.06 $100 48 hrs. - Parade without permit - Other R.O.W. violations

lllegal sign: - Banner 956.12 $100 48 hrs. - 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 violation 932.09 $50 24 hrs.

1Each day the violation exists represents a separate violation. 2The 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. 3The fine shall be $100 for those violations by a person who has previously been found through the


F:\Community Development\Short Tenn Vacation Rentals\CitationFeeSchedule.rtf 2

Attachment 7 17.2





Fertilizer and Landscape Management violations:

Timing of fert. app. vio. 316.3 $503 NIA Fertilizer-free zone vio. 316.4 $503 NIA Fertilizer content/app. vio. 316.6, 316.7 $503 NIA Application practices vio. 316.8 $503 24 hrs. Grass clippings/debris vio. 316.9 $503 24 hrs. Comm. license/cert. vio. 316.13 $500 NIA

Vacation Rental

Vehicle parking violation 911.15(4) $50 per vehicle per 24 hrs.* occurrence per day

for first violation; $100 per vehicle per

occurrence per day for repeat violations

Failure to obtain or maintain a 911.15(9) $100 per day per 30 business days* county vacation rental license vacation rental unit

Contact information update violation 911.15(9) $100 per violation 24 hrs.*

Commercial Event

Commercial event at residence 911.15(8) $1,000 per event for 24 hrs.* Note: due to Florida law, fines first violation; exceeding $500 are assessed through $5,000 per event for the Indian River County Code repeat violations Enforcement Board and not by means of a citation issued by a code enforcement officer. *First and only warning for any given vacation rental unit or single-family residence

1Each day the violation exists represents a separate violation. 2The 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. 3The fine shall be $100 for those violations by a person who has previously been found through the


f:\Community Development\Shon Term Vacation Rentals\CitationFeeSchedule.rtf 3

Attachment 7 1l3

TO:

THRU:

FROM:

DATE:

SUBJECT:

Indian River County, Florida Memorandum

Joseph A. Baird, County Administr

Jason Brown, Director, 0MB

Beth Martin, Risk Manage~

April 4, 2016

Request for Agenda; Property/Casualty Insurance 2016-17

Please consider the following for inclusion on the April 12, 2016 Board of County Commissioners' agenda.

Background

in preparation for the May 1, 2016 renewal, staff worked with Siver Consultants and Arthur J. Gallagher Risk Management Services, Inc. (AJG) to secure the most comprehensive, costefficient property and casualty insurance program for the County. On this first renewal of the five-year service agreement with AJG, we are pleased to present a program which once again reduces the County's coverage costs.

Analysis

Attached, please find the detailed Executive Summary prepared by Rozell Schnur, Client Service Executive, AJG. Several charts within the Executive Summary detail the various lines of coverage. Highlights of the renewal are:

Property: Total insured property values increased 2.8% for the 2016 renewal (2% was a cost of inflation increase) to $352,048,567.00 but the renewal premium rate per $100.00 in total value decreased 9.9% to $0.2608. This resulted in a 7.6% premium reduction, with $35,000,000.00 named storm limits, to $918,446.00, or a savings of $75,764.00 from the current policy. This reduction follows similar savings of 4% in 2013-14, 16% in 2014-15, and 17.67% in 2015-16. Additionally, the County has been offered a two-year rate guarantee, a reduced All Other Perils deductible, and a manuscript policy form among other enhancements.

Casualty Package: In addition to a two-year rate guarantee, BRIT offered a 2.7% premium reduction for this package which includes excess general liability, auto liability, public officials liability, miscellaneous liability, employee benefits liability, law enforcement activities and EMS operations. Annual cost is $146,000.

174

Board of County Commissioners Page 2 of 4 April 4, 2016

Excess Workers' Compensation: The market for public employer workers' compensation is extremely limited due to fire and police exposures which are subject to presumption laws. Nevertheless, the renewal offers a two-year rate guarantee and a flat rate of $0.20975, with the same $650,000.00 self-insured retention as the current year. Cost for renewal is $154,745.00.

Cyber Liability: The County initially purchased this coverage in 2014, and the renewal premium of $17,226.00, or an increase of $185.00 includes coverage for contractual assessments, fines and penalties due to a security breach and non-compliance with the Payment Card Industry Data Security Standard.

Terrorism: Once again, renewal premiums have decreased. For the property program, a 7% reduction produced a premium of $11,387.00. For the liability program, a 20% reduction produced a premium of$18,995.00.

Hull and Protection & Indemnity: While exposures remained the same, premium decreased 4% to $7,776.00

Boiler and Machinery: The County is in the midst of a three-year policy with Travelers but sublimits were enhanced with a premium reduction of7.6% to $10,140.00.

Inland Marine: While rates were decreased approximately 7.5%, the premium increased slightly due to a 10% increase in exposures. Renewal premium is $53,327.00, or a $295.00 increase over 2015-16.

Crime: As with Boiler and Machinery, this is a mid-term three-year policy with no changes to the $4,903.00 annual premium.

Summary

The proposed 2016-17 renewal has a premium reduction of $90,888.38, or 6.3%, with $35,000,000.00 Named Storm limits. Given this savings, and the two-year rate guarantee on major coverage lines, staff recommends the purchase of an additional $5,000,000.00 in Named Storm limits at a cost of $30,000.00, bringing overall savings to $60,888.38. This increase will align with the probable maximum loss from a 250-year storm as detailed on Page 4 of AJG's Executive Summary.

17.5


Covera2e Property ($200M limits & $35M Named Storm) BRIT Package Excess Workers' Comp. Cyber Terrorism Property Terrorism Liability/NCBR Boiler & Machinery Inland Marine Hull and P&I Crime Total Property (Optional Quote-Additional $5M Named Storm Limits) Total Premium with $40M Named Storm limits

2015 Expirin2 Premium $1,004,212.38

$150,000 $149,513 $17,041 $12,250 $23,925 $10,984 $53,032 $8,101 $4,903

$1,433,961.38

Historical Costs

2016 Renewal Premium $918,474

$146,000 $154,745 $17,226 $11,387 $18,995 $10,140 $53,327 $7,776 $4,903

$1,342,973 $30,000

$1,372,973

As stated above, the County' s insurance premiums have decreased substantially over the last several years due to market conditions, aggressive marketing of the program by the broker, and strong risk control efforts of the County. The table below shows initial premiums for the last five years plus the recommended renewal.

lnsnraucr Cosb 20 I 0-2111 I 21111-20Jl .. 2012-2013 :WI J-201.J 2Ul.f- I5 21115-H, Workers' Comp.

$305,000 $267,000 $270,471 $402,770 $299,513 $300,745 Liability/ Package

EMT Liability $40,000 $29,580 $35,718 $36,225 Included Included

above above Protective &

$8,147 $8,335 $8,910 $8,910 $8,101 $7,776 Indemnity

Property $1,350,000 $1,049,302 $1,346,292 $1,293,822 $1,004,212 $948,474

Boiler & Machinery $12,987 $10,858 $11 ,434 $11 ,542 $10,984 $10,140

Inland Marine $80,000 $60,800 $42,142 $49,267 $53,032 $53,327

Crime $9,754 $8,311 $8,419 $6,721 $4,903 $4,903

Terrorism - Property $30,000 $17,769 $18,000 $ 16,461 $12,250 $11,387

Terrorism - Liability $9,950 $7,461 $30,518 $28,992 $23,925 $18,995

Cyber $0 $0 $0 $0 $17,041 $] 7,226

Totals $1,845,838 $1,459,416 $1,771,904 $1,854,710 $1,433,961 $1,372,973

176


Funding

Funding for insurance coverage is provided by the Self Insurance Fund, Other Insurance account (acct. number 50224613-034590). The Self Insurance Fund is an internal service fund that allocates charges to the County's user funds. The current year budget includes funding in the amount of $1,812,000 for excess insurance premiums.

Recommendation

Staff recommends that the Board approve the renewal and authorize staff to bind coverage for May 1, 2016 through April 30, 2017 with a current annual premium of $1,372,973 based upon the current schedule of values and coverage selections and approve the broker annual fee of $175,000.

Approved for Agenda

() ,4~~d /

' ~;;f;fJ!~aird, County Administrator (/April 12, 2016

Attachment

Admin.

Legal

Budget

Dept.

Risk Mgr.

177

Indian River County BOCC Executive Summary

Your Gallagher Team is pleased to present Indian River County with a comprehensive insurance proposal for the policy term 5/1/16 - 5/1/17.

Market Conditions

The insurance marketplace in the 4th Quarter of 2015 remains stable and competitive with the notable exception of the cyber liability and employment practices liability lines of coverage.

1) On average, property renewals in Florida for large municipal insurance schedules have ranged from 5%- 10% rate reductions. This is a result of increased capacity and capital entering the market and the light CAT loss activity in the US over the past 8-9 years.

2) The market for General Liability and Auto Liability Coverage remains relatively stable with relatively flat rate changes and slight rate increases for accounts with adverse loss history.

3) In general, there is slight firming in the marketplace for Employment Practices Liability and Public Officials Liability as well as cyber Liability. These rates on average increased 5-10% for most accounts in 2015.

4) Excess workers compensation coverage has stabilized to a certain extent; however there are still limited markets willing to provide coverage to entities with Fire and Police exposures. While extremely firm over the past few years, the market for excess workers compensation coverage has slightly softened in 2015 and we have been able to secure rates averaging from flat to a 5% increase for accounts with good loss history.

Property

Gallagher approached 25 property insurance carriers in order to obtain the most competitive terms and pricing for Indian River County. In order to take advantage of current property market conditions we negotiated with the carriers to maximize the premium savings available t o the County.

Of the 25 markets approached, the majority of the m arkets could not compete with the current program nor the renewal program. Therefore, you will recognize the majority of the carriers from your current program.

On the following page, please find the snapshot of the Property Program since 2009:

178

Indian River County BOCC J~ J]!),\.,~1 ~~ :· ~. ,~iimr,; -;:---•lni»,1u,;"i ::.·~{lu~lm 1' ,"Jlil ,11U"Nt]u::l ~ }.wr~ .. , 1 ... , -I· ·'II.I•,-,_ i .. ,. ' ~1i1;1"11!.I.I•.•

ix-Date 4/now 5.11011 5/Ji2012 5!V2013 Sil.'2014 5fli2015 5i!i2016 5/1/2017 'Total Insurable Values $426,613)70 S30~589,497 $347,436,734 S332, 426,422 S333,657,ll6o $342,345,764 $343,203,562 $352,048,567

'Hurrii::m1e Limit -S:25,000,000 SS0,000,000 S50,000,000 ·. .·

Samed Storm Limit S25,000,000 S2S,OOO,OOO S:15,000,000 · S35,000,000 $35,GOO,GOO JTotllLimits Purchased; Sl75,000,000 • Sl00,000,000 S:200,000,000 s200,000,000 S:200,000,000 s200,ooo.ooo S:200,000,000 - $200,0001000 1250 Yr. PML -RMS $37,008,893 S35,IOS,293 $39.443;259 $39;260,026 $34,980,465 $34,915,640 $34,333,563 ]AAL-RMS SS96,9S7 $824,979 $866,813 $755,490 $¢13,338 $610,065 $687,05.9

'COl!lllosite Rau/$100 $0 .. 3300 $0.4470 $0J020 $0.3958 S0.3789 $0.3519 $0.2897 $0.2608 ; T oral Base Premrutn Sl,.112,500 SIJS0,000 Sl,049,301 $~316,0C-O $1,164,537 · $1,205,000 $9W,2J8 $918,446

32.44%rate 31½rate 17.67¼ t~t!

,Rate Vari.nee 355½ increase decrease increast 4¼ rate reduction 7.13% rate reduction reduction 9.9% rote reduct;on

U'¾~rem'um . reduction mn with

I 25.4¾ prtmium {¼prem,ijm purchasing addi $210,762 oW.49% $75)64 or 7.6% i

'Premium Varimr:e 4.4%dmmt 22.27J6decrme increas,e redoctl011 $1-0M NS l;mit prnn,u_m rtductton premium redoct[cn

' '2009 • Property promm included at! values for property includin,rtowers & contractors equipment and vehicles •

:2010 & 2011- Landmark {$150M X5 $50M) excluded flood, Earth Movement&Hurricane in thelr layer. •

'2012 -Landmark l$1iSM XS $25M) excluded Flood, Earth Movement & Named Storm. '

'2013 -Landmark (Sl75M XS $25Mi excluded Fiocd, Earth MO'lement & Named Storm. '

J2014 · Sulldingvalues were increased by 2.5% and contents by 1.5% for inflationary purposes.Also secured 16% rate red~ction wh!ch allowed the County additional

lmone'{to purcha,e addilional Named Storm limits (total $35M) while s'Jll reduc'irlgtheir overall premum. Final program still J:enemed a savings of $59,537, ' j2015- Building values were lncreased by 2% to keep up with the cost of inflation,

As you can see, Indian River County's total insµred property values for 2016 increased from $343,203,562 to $352,048,567, a total increase of $8,845,005 or 2.8%. The main reason for the increase in value was that the County did increase their building values by 2% to keep up with the cost of inflation.

We negotiated with the property markets to provide a renewal rate of $0.2608 per $100 in total insured Values, which is a rate reduction of 9.9%. The expiring average rate was $0.2897.

The total annual base premium for the 2016-2017 policy term is $918,446 which is a cost savings of $75,764 (or7.6% premium reduction with the $3SM total of Named Storm limits) as compared to the expiring Property premium of $994,238.

Please also note the above chart reflects the following:

• 2015-2016: Rate reduction of 17.67%, which reflected the savings of $210,762 • 2014-2015: Initially a 16% rate reduction was negotiated and with this savings, the County purchased an

additional $10M in Named Storm limits. Even with purchasing the additional Named Storm limit s, a 7.13% rate reduction or a savings of $59,537 was still recognized

• 2013-2014: Secured a 4% rate reduction which generated a premium savings of $51,463.

As reflected in the above chart, the renewal rate of $0.2608 is the lowest rate since prior to 2009.

Indian River County BOCC • - • • ~ . ria,~fl!ii.:m.il:2'1d1Iffl~..&.:•r• l 1 .. •1'>~.._~.::'1N:m~ --- --- - . - - . -. ~- .. . - -

Executive Summary (Cont.) In addition to the premium savings, we were able to negotiate several major enhancements to the Property insurance coverage:

1) Two Year Rate Guarantee

The rate guarantee is based on no material exposure change and the loss ratio remaining less than 40%. A copy of the entire agreement is contained within the Coverage Form included within the Proposal.

2) Reduced .All other Peril Deductible from $250,000 to $100,000.

3) Deleted the Flood Zone V exclusion

4) Created a manuscript Coverage Form - Lexington, which has been the primary Property carrier for the County for years, decided to no longer provide the Hurricane Deductible. Westchester will now be the lead Property carrier in the Primary Property layer and our underwriter is Jim Aiken, who you may recall was our original underwriter with Lexington a few years ago.

With this change in carriers, we found this to be an excellent time to create the Manuscript Coverage Form, which is easier to read, has fewer endorsements as well as provides broader policy terms and sublimits. We have included the 'draft' Coverage Form within the Proposal as it is still a work in progress. Some of the enhanced sublimits include the following:

Coverage 2015-2016 2016-2017

Limited Pollution Coverage $25,000 $100,000 under Decontamination & Cleanup E~pense

Piers, wharves & docks $250,000 Not limited to a sublimit but it should be itemized on the SOV -please revise the SOV if there are any not shown that the County would like to insure.

Expediting Expense n/a $5,000,000 Debris Removal $7,500,000 $10,000,000 Fungus/Mold Resultant Damage $1,000,000 $2,000,000 Loss Adjustment Expenses $25,000 $1,000,000

S) Included a sublimit for Underground equipment of $500,000 regarding our discussions regarding the fiber optics.

6.) Added the "separate unit of insurance" deductible - Previously, the deductible was based on the total insurable values as shown on t he Statement of Values. Therefore, if a building was valued at $3,000,000 and contents were valued at $1,000,000, the Hurricane Deductible was based on the total of $4,000,000.

Page 3 180

Indian River County BOCC

Going forward, the deductible will be based as follows:

For the purposes of these deductibles, the following shall be considered a separate Unit of Insurance: a. each separate building or structure b. the contents of each separate building or structure c. Personal Property in the open at each separate location d. Time element arising from each affected building or structure e. All other covered items

In the same scenario as above, if the building values are $3,000,000 and the contents values are $1,000,000, the building and contents will have their own separate deductible. Therefore, if only the building was damaged, the deductible is based on the $3,000,000 value versus the total value of the location or $4,000,000. This is intended to lower the County's deductible overall deductible when the deductible is applied on a per unit of insurance event

such as a Hurricane for Flood event.

7.) PML Report - Below please find the latest PML report for the County's exposures:

Analysis Summary Hurricane (Incl Storm Surge) Indian River County BOCC has approximately $352 Million in values exposed to hurricane related events in the State of Florida. Figure 1-1 illustrates the probability of ground up losses exceeding various amounts due to one event in a given year, as described by the Occurrence Exceedance Probability (OEP). The 250yr event foss probability is commonly used by th€ insurance marketp lace as a gauge for insurance pricing.

S81.353,603 I S69,691Acli" 0.20% $57 .831,200 S50,73• ,970 0.40% 250 $37,318,951 $34.333,563 $30,273,023

1.00% ·too $16,5e3,699 s ·t7,397,969 $14.328,240 2.00% 50 $6,329,675 $8,367.57 3 $6,011 ,466

500% 20 $2,286.555 $1.743,830 $2.12.320 AAL $760,704 $687,059 $5HUOO

Figure·1-1

Arthur J. Gallagher Risk Management Services, Ioc.

Page4 181


In contrast, below please find the same report for the 2015 renewal:

Cfilieal Ratl.m A!R RMS Prob. Period Q'oond Up G-ciss Loss--3% G'os.s lo5s•5¾ G'ound Up Q'oss I.Jlss•:1% G'ass t.Dss-.5o/.

0.10% '1,000 $81,503,700 $76.450,4$1 $76.450,431 S73,662.6i7 $69.221,052 $68,606,598 020% 500 $58.464,980 $53,446,377 $53,446,377 S55,525,565 $51,641,602 $50,773,242

o. 250 $39,876,331 $34,866,GSa $34,866,668 $39,217,151 $3$,029,708 $34,925,640 1.00% 100 $19.735,903 $14,732,497 $14,732.497 $21,041 ,344 $18,655.477 $17,597,059 2.(}:}% 50 $10,869,946 $6,587,359 $5,887,960 $10.534,676 $8,752,?59 $7,852,447 5.00% 20 $4.07'1 ,480 $2,399,705 $2,127,442 $2,267,542 $1 ,113,421 $508,597

AAL $9i7,137 $733,$75 $706,222 SS03,892 $860,819 $610,065 Figure 1·1

As you can see, the RMS Gross Loss Ground Up was $39,217,151 for the 2015-2015 program while the 2015 model reflects $34,333,563.

Optional Quote -$SM & $!OM Excess $35M Named Storm.

We received two quotes for the County to increase their Named Storm limits.

To purchase an additional $SM in Named Storm limits, the additional premium is $30,000.

To purchase yet an additional $SM excess of $40M Named Storm limits, the additional premium is $27,500.

Casualty Package BRIT is the current carrier for excess General Liability, Auto Liability, Public Officials Miscellaneous Liability, Employee Benefits Liability and Law Enforcement Activities. The General Liability coverage also includes EMS operations as well, which has a $25,000 self-insured retention.

We discussed during the pre-renewal meeting that we would ask for a premium reduction, but if the premium remained flat that this program would still be competitive.

We have negotiated the renewal with terms exactly as the expiring program. The renewal premium is $146,000 which is a $4,000 reduction in cost compared to the expiring policy premium of $150,000, which equates to a 2. 7% premium reduction.

In addition, we have negotiated a two-year rate guarantee for the Package Policy. On the following page, please find the terms of securing a two-year rate guarantee:

Page5 18.2


RATE AGREEMENT AND COMMITMENT FOR 2017 RENEWAL- INDIAN RIVER BOCC:

In return for the Indian River Board of County Commissioner's commitment to renew with Brit Global Specialty USA for their May 1, 2017 renewal, we will give our agreement to use a flat rate for the May 1, 2017 renewal premium. This agreement is subject to the following conditions:

As of sixty days prior to the renewal date of May 1, 2017, the annual average incurred losses (including ALAE) to Brit Global Specialty USA 's Package policies (2013-2015 years) is fess than or equal to 50% of the combined gross premium for those years.

Brit Global Specialty USA deem there is no material change in the physical and/or moral hazards of the Assured which significantly increases loss potential during this annual policy term or during the renewal term beginning May 1, 2017.

Brit Global Specialty USA deem there is no material change to the terms and conditions, limits, deductibles, or policy language during this annual policy term or requested for or during the renewal term beginning May 1, 2017.

A renewal statement of accurate exposures is provided to us no later than 30 days prior to the May 1, 2017 annual policy term.

We have reviewed these above terms and believe you will be find them acceptable.

Below please find the Package policy base premiums for the past few years for your reference.

Summary of Base Premiums at a Glance: - -- - ------

Polity Terrh 5/l/Z016-2017 5/1/20!5/ID16 5/!/'l:014/2015 5/l/l0l3•2014

Base $146,000 $150,000 $165, 200 $143,000 Premium:

Note in 2014, the EMS coverage was removed from the stand-alone program and merged within the Package program.

Lastly, $3,000 of Loss Control Resources is available to the County this year. As in past years, this is provided on a 50/50 cost sharing basis up to $3,000. We are hopeful the County will take advantage of this added service within the Package Program.

Services where the County has received Loss Control Funds in the past include:

• 2014/2015 - Bulli Ray

• 2013/2014 - Samba Safety

Arthur J. Gallagher Risk Management Services, Inc.

Page6 183

Indian River County BOCC Excess Workers Compensation

The market for Excess Workers Compensation Coverage, while stabilizing, has limited markets

willing to offer coverage to Entities with Fire and Police exposures which are subject to

presumption laws. This is driving up the cost of excess workers compensation coverage. In

many cases, excess carriers will not provide coverage below a $750,000 SIR for accounts with Fire and/or Police exposures.

For the 2015 renewal, we provided the County with the option of lowering their SIR from

$750,000 to $650,000 (except for $1M for USL&H & Jones Act), for which the County selected.

Safety National is the current carrier for this line of coverage and we were successf ul in negotiating the

renewal at a flat rate of .20975 as per expiring program.

In addition we negotiated a 2-year rate guarantee at the same terms as the expiring program. Negotiating a two year rate guarantee is a major enhancement that allows the County to have stability in rate and termsfor the next two calendar years.

Below please find the Workers Compensation Summary since 2014:

1~0:~2Q'.~~~ ~ct~:[~~gi§~~oi~i~rj:-Deductibles:

USL&H & Jones Act $1M $1M $1M All Other Payroll $650,000 $650,000 $750,000

Employers Liability Limit of $2,000,000 $2,000,000 $2,000,000 Liability Specific Limit Statutory Statutory Statutory Deposit Premium $154,745 $149,513 $179,408 Minimum Premium $139,271 $149,513 $179,408 Rate per $100 of Payroll $D.20975 $0.20975 $0.2628 Payroll $73,776,152 $71,281,306 $68,267,867

As you can see above, the premium has increased from the expiring program by $5,232 or 3.5% and this is a direct result of the estimated payroll increasing by the same percentage for the renewal. The rate remained flat but the premium was adjusted due to the increase in payroll.

In addition, we negotiated a reduction to the minimum earned premium t h is year. As you can see, in years' past, the minimum premium was the annual premium. Therefore, going forward, if the County has reported more payroll than the actual payroll incurred, a refund would be generated, but not for an amount less than the annual minimum earn ed premium of $139,271.

Please note there are conditions for the Rate Guarantee and these are noted below:

CONDITIONS FOR RATE GUARANTEE: 1} The treatment of Allocated Loss Adjustment Expense with respect to the SIR and Limits must remain thesame as expiring per the 2016 Policy Period bound with Safety National.

Page? 184


2) No certified "act of terrorism", as defined under the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization of 2015 ("TRIPRA "), occurs during the 2016 Policy Period.

3) No significant change in exposure as applicable to the type of policy with "significant" being understood to mean a 15% change in exposure for any of the Policies over that for the 2016 Policy Period bound with Safety National.

4) No significant change in underwriting exposure through development of, or acquisition of, non-core business, with "significant" being understood to be a change that is in excess of 5% for any Policy over that in place for 2016 Policy Period bound with Safety Notional.

5) No material adverse change in the financial condition of the Insured, as determined by Safety National, over the 2016 Policy Period.

6) No individual incurred loss during the 2016 AND/OR 2017 Policy Period for any of the Policies to exceed 50% of that Policy's applicable SIR/Retention amount with such losses to be valued as of 1/1/2017 AND/OR 1/1/2018.

The parties understand and agree that, if all the above stated conditions are not met as applicable to a particular policy period renewal, the Premium Rate per payroll/exposure for the 2017 Policy Period shall not be subject to any limitation nor guarantee with respect to rate increases.

We don't believe these conditions to be unusual for a rate guarantee.

Cyber Liability

Illinois National has written the County's Cyber Liability program since the coverage was originally purchased in 2014. Below please find a snapshot of the current and the renewal program:

-- - -- - - -

Illinois AIG • Option AIG - Option

National (AIG)

1 2

Item 15-16 16-17 16-17

Total Policy Aggregate $1,000,000 $1,000,000 $1,000,000

Breach Response Limit (Event Management) $1,000,000 $1,000,000 $1,000,000

Cyber Extortion Limit $1,000,000 $1,000,000 $1,000,000

Business Interruption Limit (Network Interruption) $0 $0 $1,000,000

Media Liability Limit $1,000,000 $1,000,000 $1,000,000

Regulatory Liability $1,000,000 $1,000,000 $1,000,000

Security and Privacy Liability Limit $1,000,000 $1,000,000 $1,000,000

Crisis Fund Insurance (Reputation Guard) $50,000 $50,000 $50,000

PCI Fines N/A $250,000 $250,000

Retention $25,000 $25,000 . $25,000


Pages 185

Indian River County BOCC ours

. -As you can see above, renewal option 1 has increased by $185, but has provided additional coverage for

PCI Fines.

PCI fines and assessments are basically coverage for contractual assessments, fines, and penalties due to a security breach and non-compliance with the Payment Card Industry Data Security Standard (PCI-DSS).

• In addition, we have provided an optional quote (2) which includes coverage for Business

Interruption. Basically, the Business Interruption & Data Recovery - Expenses to recover data

and loss of income from a security failure on an insured's network.

Terrorism

The Coverages remain the same as the current program and decreases in premium were obtained this

year for the Property Terrorism. Please note that the deductible has decreased from $100,000 to

$10,000 while still securing a reduction in premium.

We have secured options for the County for the Liability & NCBR Terrorism programs as out lined further

below:

TERRORISM PROPERTY PROGRAM:

Base Premium $15,195 $12,250 $11,387 -$863 or 7% reduction

Total Insurable $362,661,164 $370,177,549 $381,920,222 $11,742,673 or 3%

Values increase

Limits $10M occurrence/ $10M occurrence/ $10M occurrence/

Purchased aggregate aggregate aggregate

Deductible $100,000 $100,000 $10,000 Reduction in deductible


Page 9 186


TERRORISM LIABILITY & NCBR PROGRAM:

Base Premium $29,225 $23,925 Option 1: $18,995 Option 1: -$4,930 or

Option 2: $22,794 20% reduction . .

Option 2: -$1,131 or 4.7% reduction

Total Insurable $362,661,164 $370,177,549 $381,920,222 $11,742,673 or 3%

Values increase

Limits $10M Property $10M Property $10M Property

Purchased $3M occ/$6M $3M occ/$6M $3M occ/$6M aggregate Liability aggregate Liability aggregate Liability

Deductible $100,000 $100,000 Option 1: $65,000 retention

Option 2: $25,000 retention

Please note that if the County elected to keep the $100,000 retention for the Terrorism Liability & NCBR coverage, the premium would be the same as the option 1 with the $65,000 retention.

Hull & P&I

The exposures remained the same as the current program. Premiums have reduced by $325 or 4% from the expiring program and these are outlined

below:

F-;· - :n · - -···. L•-'•--·· ···•···-- •. ·r:rt}l.~v~ =tr~~:-.;;,~.:::::.1"~U!tllllf~mG"""""•r·t•!!!:ff'•-=·-· . ~~~:__:~;;.<:=-:~a::2_:;;:_;_::: .. ~'";;.:-:!....:_:~, _1~.:.. - -~ -~~----"'":.~;l::;::1t~ lu ... ... \~LE:: •r ~

Hull Premium $3;901 $3,700

P&I Premium $4,200 $4,076

Total Premium $8,101 $7,776


Page 187


Boiler and Machinery

We have negotiated with Travelers and have enhanced several sub-limits for the County this year. You may recall that we were in the midst of a three-year Program but were successful

in negotiating this coverage with Travelers. The following are the major enhancements to

the renewal program:

-

Coverage 2015-2016 Current Program 2016-2017 Renewal Sub-Sub-limit!. limits:

Dependent Property $250,000 Sl0,000,000

Coverage Extension

Electronic Data or Media $1,000,000 $5,000,000

Extension

Fungus, Wet rot & dry $15,000 / 30 days $100,000 and 60 days

rot Hazardous Substance $2,000,000 $10,000,000

Limitation

Ordinance or Law $1,000,000 $10,000,000

Unnamed Locations $1,000,000 Included in total limit per Breakdown

Business Income Value $3,298,546 $10,000,000

In addition, we were successful in reducing the premium from $10,984 to $10,140 (a 7.6% reduction) even with the increase in building & contents values (3%) and enhancing the sub-limits as outlined

above.

Inland Marine - vehicles and contractors equipment

There are no material changes in coverages for the 2016 renewal. The limit remains at $! SM which we were successful in negotiating last year. Overall, the rates have decreased approximately 7.5% with a

slight overall premium increase due t o nearly a 10% increase in the exposures .

Base Premium $45,854 $53,032 $53,327 $295 increase

Policy Limit $10,000,000 $15,000,000 $15,000,000

Vehicle Values: $10,994,479 $12,728,963 $13,726,095 $997,132 or 7.8% increase

Rate: $0.351 per $100 $0.3335 per $100 of $0.309 per $100 of -7.34% decrease in

of scheduled scheduled values scheduled values rate

values

Contractors $3,821,526 $6,802,078 $7,647,360 $845,282 or 12.4%


Page 188

I d. n tan Ri ver C ountv BOCC Equipment Values: $0.13 per $100 in $0.1235 per $100 in $0.1142 per $100 in increase Rate: scheduled values scheduled values scheduled values 7 .5% decrease in

rate

Contractors $450,000 per item $450,000 per item $450,000 per item Equipment Leased

or Rented Equipment

Please note this policy is audited annually for the Inland Marine Contractors Equipment. Therefore, the carrier requires the final Contractors Equipment schedule as of 5/1/2016 along with confirmation of the Rental Expenditures. We have been using the rental expenditures of $150,000 for the past few years. Please advise if this amount remains accurate. Last year, the County elected to insure all scheduled

contractors equipment.

The vehicles are reported to the underwriter as they are reported to us. There have been a few changes to the schedule since originally submitted to the carrier, and therefore, t he final premium would be adjusted accordingly.

The only change at this point from the vehicle schedule is adding a new 2016 Gill bus valued at $407,330 along with approximately $35,000 in contractors equipment changes.

Crime Last year coverage was placed with Massachusetts Bay Insurance Company. This policy was written on a three-year basis with annual installments payable. The renewal premium is $4,903 and t here are no changes to the current three-year program.

Overall Program Summary

In conclusion, the total insurance premium cost for the County has been reduced by $90,888.38 (6.3%) in 2016 with the selection of all the coverages shown below and $3SM Named Storm limits and $200,000,000 all other peril limits. The key driver for t his savings is a large rate reduction on the property insurance renewal.

Coverage 2015 Expiring Premium 2016 Renewal Premium

Property ($200M limits & $1,004,212.38 $918,474

$35M Named Storm)

Package $150,000 1$146,000

xswc $149,513 $154,745

Cyber $17,041 $17,226

lferrorism Property $12,250 $11,387

If errorism Liability/NCBR $23,925 $18,995

B&M $10,984 $10,140

Inland Marine $53,032 $53,327

Page 189'

I d" n tan River County BOCC HUii & P&I $8101 1$7776

Crime $4903 $4903

TOTAL $1,433,961.38 $1,342,973

Property (Optional Quote - $30,000 !Additional $SM Named Storm limits):

!Total Premium with $40M $1,372,973 Named Storm limits

If the County would like to purchase an additional $SM of Named Storm limits (bringing the total limits to $40M instead of $3SM) it is an additional $30,000, but this purchase would still generate a savings of $60,888.38 from the 2015 - 2016 Insurance Program.

Likewise, to purchase a total of $10M Named Storm limits excess of the currently purchased $3SM Named Storm limits, the additional premium is $57,500 ($30,000 + $27,500). The County would still recognize premium savings of $33,388.38 from the 2015-2016 Insurance Program.

We hope you are pleased with the results of this proposal and the level of detail and the competitive renewal program we have provided which demonstrates our commitment to providing the best possible value and service to you. We greatly appreciate the opportunity to be of service to you both and the County.

Thank you!

Ro.zell Schnur Client Service Executive

Thursday, March 25, 2016

Michael Gillon Area President


Page 190

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

BACKGROUND

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM


Christopher R. Mora, P.E. ~ Public Works Director

James D. Gray, Jr. @ Coastal Engineer

DEPARTMENT A

1~r1

Work Order No. 12 CB&I Coastal Planning and Engineering, Inc.

Sector 5 Beach Restoration Project - Design and Permitting Services

April 5, 2016

On March 19, 2013 the Board approved a contract with CB&I Coastal Planning and Engineering, Inc. (CB&I) for professional coastal engineering services in Indian River County for a two-year term, 2013-2015. On March 17, 2015, the Board renewed the contract until March 19, 2017. CB&J is the selected County consultant for professional coastal engineering services related to the Sector 5 Beach Nourishment Project.

The Sector 5 project area is a 2.2 mile section of shoreline that extends from Tracking Station Beach Park south to the Gables Oceanfront Condominiums. The majority of the project area is located within the City of Vero Beach's jurisdiction with the exception of Tracking Station Park and the Florida Tech Marine Lab residing in the Town of Indian River Shores.

Sector 5 is the most extensively armored (seawall) beach segment of shoreline within the County. Although, coastal armoring provides storm damage protection to upland development, it can also exacerbate beach erosional stress within the immediate beach system. Beach erosion is especially problematic as the Sector 5 beaches account for over 50% of the recreational value of the County beaches.

A recommendation of the recently adopted update to the Beach Preservation Plan (BPP) (March, 2015) included a beach fill strategy for the beaches within the Sector 5 project area as way to preserve the environmental, recreational, and storm damage resiliency for upland infrastructure.


At the request of the Indian River County Beach and Shore Preservation Advisory Committee (Beach Committee), staff solicited CB&I to provide a scope of services cost proposal for the design and permitting of a Sector 5 Beach Restoration Project. The proposed Work Order No. 12 provides professional engineering services for the design and permitting of the Sector 5 Beach Restoration Project at a lump sum amount of $142,763.00.

F:\Public Works\JamesG\Sector 5\CBI Work Orders\Sector 5 Design and Pennitting agenda item CBI WO No. 12-- 4-12-16.docx 191

Page 2 BCC Agenda Item Sector 5 Beach Restoration Project April 12, 2016

Work Order No. 12 was formulated in a way that closely followed the coastal engineering analysis used to update the BPP. As such, proceeding forward with the Sector 5 design and permitting following the BPP update provides an opportunity to minimize repeating efforts and save costs.

Work Order No. 12 tasks for the Design and Permitting of the Sector 5 Beach Restoration Project are outlined as follows:

• Conducting a project feasibility and preliminary project alternatives analysis

• Consultation with permitting agencies (FDEP and USACOE)

• Developing a National Environmental Policy Act (NEPA) Environmental

Assessment - required in order to document if the Sector 5 project will result in

significant impacts to the natural, physical or social resources in the project area

• Submittal of Joint Coastal Permit Application

• Permit meetings and responses to agency Requests for Additional Information (RAJ)

During the March 21, 2016 Beach Committee meeting, staff discussed CB&I Work Order No. 12. The committee all agreed that a Sector 5 Beach Restoration Project was warranted and voted unanimously (12-0) to support approval of CB&I Work Order No. 12 to accomplish infrastructure restoration of the beaches in Sector 5.

FUNDING

Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. For FY 15/16, funding in the amount of $150,000 is budgeted and available for design and permitting of the Sector 5 Beach Restoration Project in the Beach Restoration Fund, Other Professional Services - Sector 5 Account No.12814472-033190-15021.

Although FY 2016/2017 Florida Department of Environmental Protection grant funding has not been appropriated for the Sector 5 Beach Restoration Project, design and permitting is eligible for 50% cost share reimbursement when State funds become available.

F:\Public Works\TamesG\Sector 5\CBI Work Orders\Sector 5 Design and Permitting agenda item CBI WO No. 12 -- 4-12-16.docx 192

Page 3 BCC Agenda Item Sector 5 Beach Restoration Project April 12, 2016

RECOMMENDATION

The recommendation of staff is for the Board to support the Beach Committee's March 21, 2016 motion to approve Work Order No. 12 to the contract with CB&I Coastal Planning and Engineering Inc. and authorize the Chairman to sign on behalf of the County.

ATTACHMENT

CB&I Coastal Planning and Engineering, Inc. Work Order No. 12 (1 original copy)


FOR: April 12, 2016

~lM•F/1. ~

Indian River County

Administration

Budget

Legal

Public Works

Coastal Eng. Division JD&

F:\Fublic Works\JamesG\Sector 5\CBI Work Orders\Sector 5 Design and Permitting agenda item CBI WO No. 12 -- 4-12-16.docx 193

WORK ORDER NUMBER 12

SECTOR 5 BEACH RESTORATION PROJECT

DESIGN AND PERMITTING SERVICES

This Work Order Number 12 is entered into as of this __ day of ____ ~ 2016 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of March 19, 2013 ("Agreement"), and amended March 17, 201 5, by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and CB&I Coastal Planning & Engineering Inc. f/k/a Coastal Planning & Engineering, Inc. ("CONSULTANT").

The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, 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 2, 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 2, 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

Title: Director

Date: 4/5/16

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

By: -------------Bob Solari, Chairman


By:-- -----------(Seal) Deputy Clerk

Approved:

::prE d u[:;tl William K. DeBraal, Deputy County Attorney

194

February 24, 2016 Revised March 24, 2016

James Gray Indian River County

Exhibit 1

Public Works - Coastal Engineering Division 1801 27th St, Building A Vero Beach, FL 32960

Subject:

Dear James:

Work Order #12 Indian River County Sector 5 Sector 5 - Design and Permitting

CB&I Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd

Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116

WWW.CBI.com

Indian River County's Beach Preservation Plan separates the County's 22 miles of shoreline into sectors depending on physical attributes. Sector 5, located within Vero Beach, is the most extensively armored segment of shoreline within the County. While the existing coastal armoring provides storm damage protection to upland development, it can also exacerbate beach erosion. This is especially problematic because the beaches within Sector 5 account for over 50% of the recreational value generated by the County's beaches (CB&l, 2015). The 2014 update to the County's Beach Preservation Plan identified that it was cost-effective to maintain the beaches within Sector 5 based on the economic benefit associated with the recreational value.

The County has expressed interest in maintaining the beaches of Sector 5 to preserve their environmental, recreational and aesthetic value along with providing storm damage protection to private and County owned property.

This proposal outlines a scope of work for CB&I Coastal Planning & Engineering, Inc. (CB&I), f/k/a Coastal Planning & Engineering, Inc. to provide services in support of design and permitting of a project for Sector 5 that aligns with the County's Beach Preservation Plan.

Task 1 - Preliminary Project Design and Feasibility Report

The County's Beach Preservation Plan evaluated several beach management strategies (alternatives) including structural and non-structural options. Beach fill was identified as the most cost-effective strategy. In the initial phase of the design, available information will be evaluated in the development of the project size. The intent is to utilize available beach survey data from the County's most recent monitoring events (completed June and February 2015) as the basis for the initial design and permitting effort. Two fill templates will be evaluated that reduce the potential for adverse impacts to the hard bottom resources offshore of the project. One template will consider sand placement primarily on the dry beach, while the other will considered sand placement within the water. Because of the hardbottom constraints,

19.S

the overall magnitude of the project and the alongshore distribution of the fill templates will be considered. Avoiding hardbottom impacts will expedite the permitting process and reduce the needed for mitigation.

Storm protection benefits afforded by the project will be evaluated by using the SBEACH model. The calibrated SBEACH model setup from analyzes performed as part of the 2014 update to the County's Beach Preservation Plan will be utilized. Numerical modeling (i.e. Delft3D) in not included in this proposal. If numerical modeling is deemed necessary in evaluating the project and CB&l's services are requested, a separate work order will be proposed to the County.

A feasibility analysis will be performed to evaluate potential upland sand borrow sources to be utilized for fill material. The analysis will evaluate various upland sand sources to identify the most economical and cost effective option. The upland sand sources, including those utilized for construction of the initial Sector 3 Beach Restoration Project and the Sector 3 Dune Repair Project, will be considered as they have been previously approved by the FDEP for grain size, color, and carbonate content.

The presence of hardbottom resources and the minimization of impacts will likely limit the volume of sand that can be placed to construct the project. As a result, it is not anticipated that the size of the project will facilitate the use of offshore borrow areas. If offshore borrow areas are deemed viable and CB&l's services are requested in evaluating the borrow areas, a separate work order will be proposed to the County. Additional services not included in this scope of work may include, but are not limited to, reviewing areas previously identified and permitted by the County to determine the volume of beach compatible sand available and their future viability, development of permit sketches, collect bathymetric surveys, and perform geotechnicat investigations.

The fill volumes and upland sand borrow sources will be used to estimate construction costs and durations. The construction timeline will consider sea turtle nesting season and expected permit conditions.

Deliverables

CB&I will provide the County an electronic copy of the draft feasibility report for the County's review and comments. One (1) hard copy and one (1) electronic copy of the final feasibility report will be provided.

Schedule

The design and evaluation of the potential options for Sector 5 project area will begin upon receipt of a notice-to-proceed. It is anticipated that 60 days will be required to complete the analysis and compose a feasibility report documenting the findings. At such time, a draft report will be provided to the County for its review and comments. Once the comments are returned to CB&I, the final report addressing the comments will be submitted to the County within 15 days.

The cost to analyze the project area and compose a feasibility report is $32,248.00. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&l's agreement with Indian River County.

196

Task 2 - Joint Coastal Permit Pre-Application Meetings

A Joint Coastal Permit (JCP) application will be developed and submitted to the Florida Department of Environmental Protection (FDEP) and US Army Corps of Engineers (USACE). We will request, prepare for, and lead a pre-application meeting with the FDEP. This meeting will be conducted via teleconference. \Ne will provide a summary of the project along with readily available information required by the permit application, much of which will be included in the Preliminary Project Design and Feasibility Report. If sand placement is confined to the dune and above mean high water (MHW), we will request that the FDEP expedite the permitting process by considering the project through a Coastal Construction Control Line (CCCL) permit.

The purpose of the meeting will be to describe the proposed project and determine the agencies' requirements for the pending permit application. Available information will be presented to the agencies to determine the sufficiency of the information for permit file development.

A separate pre-application meeting will be held with the Federal permitting agency (USAGE) and Federal commenting agencies (USFWS, NOAA-NMFS). Again, we will request, prepare for, and lead the meeting. Meetings with the Federal agencies are generally conducted via conference call. Based on the results of the meetings, the extent of the permit application requirements will be determined.

Deliverables

CB&I will request, prepare for, and lead two separate pre-application meetings. Following the meeting, CB&I will compose minutes documenting the discussions and distribute the minutes to the County and the permitting agencies.

Schedule

The pre-application meeting will be held upon completion of the draft feasibility report. The intent is to conduct the meeting concurrently with the County's review of the report so the comments from the permitting agencies can be included in the final feasibility report deliverables.

The cost to facilitate and conduct the two pre-application meetings and compose minutes is $6,622.00. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&l's agreement with Indian River County.

197

Task 3- Environmental Assessment

The National Environmental Policy Act (NEPA) requires federal agencies to consider environmental impacts during their decision-making process for major federal actions. Since it is not anticipated that the Sector 5 project will result in significant impacts to the natural, physical or social resources in the project area, it is expected that an Environmental Assessment (EA) will satisfy NEPA requirements, and that an Environmental Impact Statement (EIS) will not be required. Previously collected and available data will be compiled to develop the EA: If necessary, the EA will consider and select measures for mitigating identified adverse environmental impacts. According to the CEQ regulations (40 CFR 1508.9) the required general content of an EA includes:

• Purpose and need for proposed action • Description of proposed action and alternatives • Environmental consequences associated with the proposed action and alternatives • Listing of agencies and persons consulted

The organization of the EA plays a significant role in the overall quality of the document and its effectiveness in assessing environmental impacts. The following identifies the format of the EA and main sections:

• Introduction - The introduction will identify the project need and provide a history of related actions.

• Description of Proposed Action and Alternatives - The EA will contain a detailed description of the proposed action and alternatives to fulfill the requirements of the purpose and need statement. There may be several action alternatives considered, as well as the "No Action" alternative. Action alternatives will be limited to those management strategies outlined in the County's Beach Preservation Plan.

• Affected Environment - A description of the environment in which the proposed action and alternatives are to take place will be included in the EA This section will describe current conditions and serve as a baseline against which to compare potential impacts of the alternatives. A project has not been previously permitted within Sector 5, therefore it should be anticipated that field investigations will be required in order to establish the baseline conditions. Field investigations will be proposed to the County under a separate work order once the necessary investigations are identified.

• Environmental Consequences - The EA will describe and analyze the anticipated environmental effects, if any, of the proposed action and alternatives on the resources described under Affected Environment.

Deliverables

CB&I will provide the County an electronic copy of the document for the EA as outlined above. The EA will be included in the FDEP Joint Coastal Permit application to support construction of the project.

198

Schedule

The EA will be completed within 60 days of completion of the feasibility report and receipt of data collected during field investigations (if required), whichever is later. As with the feasibility report, a draft EA document will be provided to the County for its review and comments. Once the comments are returned to CB&l, the final EA document addressing the comments will be submitted to the County within in 15 days.

Cost

The cost to develop an EA document is $44,408.00. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&l's agreement with Indian River County.

Task 4 - Joint Coastal Permit Application

It is assumed for the purposes of developing this scope of work that a Joint Coastal Permit application will be required. If the FDEP concedes to allowing a CCCL permit, then this item will need to be rescoped.

A JCP application for a Federal Dredge and Fill Permit will be prepared and submitted to the FDEP for the proposed project. CB&I will act as the agent for the County throughout the JCP application process. We will fill out the application form and submit it to the County for original signature. We will provide responses to all of the questions included in the permit application, except as noted below, where we will coordinate the response with the County.

We will coordinate with the County regarding the sovereign submerged lands application portion (questions 9, and 13 through 17) of the application. However, the County will be responsible for responding to this section including providing documentation of upland interest, documenting user fees, and developing a list of names of upland property owners within 500 feet. Item 17 deals with the sovereign submerged land lease, which CB&I will assist in developing the legal property description.

We will coordinate with the County to provide written evidence that the project is consistent with the Stateapproved Local Comprehensive Plan.

An Erosion Control Line (ECL) will need to be established for the project area. The County will be responsible for surveying, documenting, and adopting an ECL. No field work is included in this proposal. If CB&l's services are requested in establishing an ECL, a separate work order will be proposed to the County.

We will incorporate topographic and bathymetric survey based on the physical monitoring being performed independently by the County (Morgan & Eklund). We will coordinate with the County's surveyor to fulfill the requirements for topographic and bathymetric surveys. Recent surveys are required to fulfill application requirements.

We will develop signed and sealed permit sketches for the beach fill area based on the most recent surveys and the design fill template.

While construction plans are considered part of the JCP application, we will request that the FDEP require these as part of their Notice to Proceed item list. Development of final plans and specifications is not included in this proposal. If CB&l's services are requested for these items, a separate work order will be proposed to the County.

Aerials collected by the County in the summer of 2015 and the edge of hardbottom delineated based on interpretation of those aerials will be used to support the permit application.

We will develop a draft construction schedule for the County's review for inclusion in the permit application.

We will coordinate with local upland sand mines to obtain sufficient geotechnical information to support the JCP application. We will develop a Sediment QNQC plan as necessary.

We will describe the natural community within the project area based on the Environmental Assessment. We will develop Biological, Physical, and Mitigation Monitoring plans as necessary. No additional field work is proposed as part of this effort.

We will coordinate with the County and Ecological Associates regarding sea turtle nesting data and any wildlife surveys conducted on site. This data will be incorporated into the permit application. No additional field work is proposed as part of this effort.

We anticipate that this project can be covered by the Statewide Programmatic Biological Opinion (SPBO). We will coordinate with USFWS regarding any additional information required to apply the Biological Opinion. The SPBO does not include consultation on piping plovers. Separate consultation on piping plovers may be required. It is anticipated that consultation with National Marine Fisheries Service (NMFS) will be required in order to determine appropriate reasonable and prudent measures, terms and conditions and conservation measures for sea turtles, smalltooth sawfish, loggerhead critical habitat and listed coral species.

We will explain how the project will affect the coastal system. It is envisioned that the Preliminary Project Design and Feasibility Report will provide much of the support for this portion of the permit application discussion.

We will describe the envisioned construction methodology and how turbidity control measures will be instituted to minimize adverse effects to water quality. We will also explain methods to protect threatened and endangered species.

The County will be responsible for the JCP application fee. This cost is not included in CB&l's cost for this work.

We will follow guidance provided by the FDEP with respect to the filing convention and submittal requirements. We will follow-up with the FDEP to ensure receipt and distribution of the JCP application. We will also document the timeline for review and attempt to provide unofficial responses when and where possible to avoid Requests for Additional Information.

200

The FDEP and USAGE will issue a public notice. The USACE will generally issue the public notice themselves but ask for assistance with ensuring the notice is correct. The FDEP will return a public notice and request that the County publish it in the local newspaper and then submit documentation that it was published. CB&I will coordinate with the agencies regarding the public notice. It is assumed that the County has a contract with the local newspaper(s) and will address the FDEP publication requirements.

Deliverables

The JCP permit application and the associated attachments will be submitted to the County and FDEP as follows.

The permit application package will be prepared and submitted electronically to FDEP's FTP website. A hardcopy as well as an electronic copy (CD's) of the application package will be provided to the County for its records.

Schedule

It is estimated that 120 days will be required to complete the permit application and develop the necessary documentation once the pre-application meetings are held, data from necessary field investigations are available, and the environmental assessment (Task 3) is complete.

Cost

The cost to develop and submit the permit application package is $39,116.00. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&l's agreement with Indian River County.

Task 5- Response to Requests for Additional Information

The FDEP has 90 days to review the application and either issue a Notice of Intent to issue the permit or issue a Request for Additional Information (RAI). FDEP RAl's may also include comments from the Fiorida Fish and Wildlife Conservation Commission, other State agencies and the general public.

The USACE does not have a timeline requiring their response but may also submit a request for additional information. USAGE RAl's may also include questions from USFWS, NOAA-NMFS, other Federal agencies and the general public.

Ideally, we will try to provide an unofficial response to the agencies by coordinating with them during the initial period of review. However, some questions may require an official, written response. We will attempt to consolidate the agencies RAl's into a single response. We will coordinate with the County on the extent of the response and what the implication may be to the permitting process and construction. Sometimes, the RAI will contain cost implications due to an expanded monitoring or mitigation requirement. We will draft a response and submit this to the County for review prior to submittal to the agencies with a copy to the County.

201

Coordination with the FDEP and USAGE is currently proposed using teleconference capabilities. However, should issues arise that cannot be resolved via regular correspondence and conference calls, then CB&I would recommend that a face-to-face meeting be held with the agencies. Depending on the nature of the comments, the meeting might be in FDEP's offices in Tallahassee, the USACE's office in Cocoa or Jacksonville, or the USFWS office in Vero Beach. CB&I will prepare for, attend and lead the meeting. Prior to arranging the meeting, CB&I will discuss the need for the meeting with Indian River County.

Deliverables

Response to the RAl's will be prepared and electronic copies of the response will be sent to the agencies and County. CB&I will prepare for, attend and lead the face-to-face meeting. CB&I will develop meeting minutes and circulate these to all attendees. The minutes will be provided in PDF format.

Schedule

The schedule for the response to the RAl's and for the meeting is dependent on the extent of the questions. We will attempt to respond to the questions within 60 days of receipt of the RAl's. We will inform the County if we are unable to meet this schedule due to the extent of response required or the avaiiability of meeting participants.

The cost to develop and submit a response to the RAl's and coordinate with regulatory agencies is $20,369.00. The cost includes one (1) face-to-face meeting with the agencies. We will coordinate with the County upon receipt of the RAl's and determine whether the cost included herein is representative of the extent of work required to develop the response. A breakdown of the hours and expenses to develop these costs is attached and follow the terms of CB&l's agreement with Indian River County.

201

Summary

The total lump sum cost to perform the proposed work is $142,763.00. CB&I will proceed with developing the project design and permitting the project upon receipt of a work order from Indian River County. We will proceed and work diligently to meet the proposed schedule barring any unforeseen circumstances. However, many aspects of the project permitting and agency review are outside the control of CB&I . The schedule for this proposal is dependent upon agency review and issuance of the requested permits. Thus, it is provided as a guideline. Deviations from the schedule or costs may arise due to unforeseen issues or permitting implications. CB&I will strive to maintain the schedule and costs as reasonably as can be expected. CB&I will coordinate with the County on the permitting progress and schedule.

All work will be performed following provisions of the Professional Coastal Engineering Services Agreement (dated March 19, 2013) and Contract Renewal (dated March 17, 2015) between Indian River County and CB&I.

Thank you for the opportunity to serve Indian River County. Please call me if you have any questions.

Sincerely,

,,0-./9 David Swigler, P.E. Senior Coastal Engineer CB&I Coastal Planning & Engineering, Inc.

Authorized Corporate Signature

7'hom@5 Yie..rr-o Printed Name

Title

Please Reply To: _David Swigler Phone: 561.361 .3172 E-Mail Address: [email protected]

cc: Thomas Pierro, P.E. D.CE, CB&I Sheri Dindial, CB&I Ann Range, CB&I

203

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Task Number Task Name

Tsk-001

Tsk-002

Tsk-003

Tsk-004

Tsk-005

Tsk.006

Tsk-D.07

Tsk.008

Tsk-009

Tsk-010

f•bmllted By;

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Response to Requests for Addlt10nal. I nfi>nn,tton

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Task Name 10 ;

; :Totals.=

'

Dav,d Swi_aler

.. ,Sector5 oiisign end P~miittjng 102/23/16

Form NumlJer. CMS-730-0~FM-02300

Labor

$ 32,248.00 .$

$ 6,622.00 $

$ 44,408.00 $

$ 39,116.00 $

$ 18,75300 $

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Exhibit 2

SPM REVISION: 201s - REv·1s.s Release Datt!: ·1i2.211.6

p~~~~~~~ ~~~:~=~1::8~00740022 I Pate Pricing Model was Prepared:~_212_3/_16 ________ ~------- ~.

Project Estimate Sumrnc:1 ry By Tasec

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02/23/16

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Total Adjustments Total Project

$ 32,248,00 $ 32,248.00

$ 6,622.00 $ 6,622,00

.. $ 44,408.00 $ 44,-4()8.00

$ 39,116.00 . $ 39,116.00

$ 20,369 .00 $ 20,369.00

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$ .• $ .. $ 142,763.00 $ $ 142,763.00

Page 1 of l

ATTORNEY'S MATTER: 4/12/16

Office of I 3,4, INDIAN RIVER COUNTY

ATTORNEY

Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

The Board of County Commissioners

William K. DeBraal - Deputy County Attorney JP~ March 18, 2016

Demolition Lien

The County has demolished a dilapidated structure on the following parcel of property identified below:

Property Owner

Connie Clark

Parcel Description

32-39-26-00002-0090-00005.0 (Lot 5 & N 12.5 ft of Lot 6, Block 9 Hillcrest Subdivision No. 2) 4481-4485 25th Avenue

$4,404.42

The next step in the process is filing a lien against the property for the costs of demolition.

In accordance with County Code Section 100.080, the Board has passed a resolution to have the lien filed against the property for the costs incurred by the County in demolishing the unsafe structures. Notice of the proposed demolition lien was mailed to the party in interest, and, pursuant to our code, that party may now appear before the Board and be heard as to the amount of the proposed demolition lien.

Approved for April 12, 2016 sec Meeting Attorney's Matters

Indian River Co. ApJ!(_OVed Date

Admin. l;i Q) -,/7, lb

~ ATTO::- Co. Atty IJ - ~ h 'L Budget , ), ,- -~, 12_4' lb Department (; T'':> .~/i,1 '/6 Risk Mgmt \✓-.. -·

1 205

Attached is the lien for the property that, if approved by the Board, will be recorded in the public records against the property. Also attached is the itemization of costs for the demolition.

FUNDING:

Costs associated with this item are recording fees for recording the lien in the public records at a cost of $10.00. Funds for this expenditure are available in the MSTU Fund/Road & Bridge/Other Contractual Services, Account No. 00421441-033490.

RECOMMENDATION:

The County Attorney's Office recommends the Chairman allow the party in interest for the property to address the Commission and be heard on the amount of the proposed lien concerning the property. Following any comments, staff recommends approval of the lien amount and authorization for the Chairman to sign the lien for recordation in the public records.

WKD/nhm Attachments: Lien

Itemization of costs for the demolition

cc: Scott McAdam - Building Official

2 206

This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 772-226-1425

LIEN

THIS LIEN, filed the __ day of April, 2016, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows:

Lot 5 and the North 12.5 feet of Lot 6, Block 9, Hillcrest Subdivision No. 2, according to the Plat thereof, as recorded in Plat Book 2, Page 92 of the Public Records of Indian River County, Florida.

Parcel No. 32-39-26-00002-0090-00005.0

The name of the record owner of the above-described property is:

Connie Clark

THIS LIEN is filed against the real property to secure the payment of Four Thousand Four Hundred Four and 42/100 Dollars ($4,404.42), for the cost of demolition and removal of the nuisance structures.

THIS LIEN shall, from the date of filing, accrue interest at the rate of five percent (5.00%) per annum, until the total amount, including interest, has been paid.


By:------------Deputy Clerk

STATE OF FLORIDA COUNTY OF INDIAN RIVER


By: --------------Bob Solari, Chairman Board of County Commissioners

The foregoing instrument was acknowledged before me this __ day of April, 2016, by Bob Solari, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me.

NOTARY PUBLIC:

Signature:. _________ _ Printed name: Commission No.: Commission Expiration:

SEAL:

207

COSTS FOR LIEN ATTACHMENT CALCULATIONS:

Connie Clark 4481 & 4485 25th Avenue

INSPECTION REPORT ON PROPERTY $ 75.00

POSTING CONDEMNATION CARDS $ 75.00

OWNERSHIP & ENCUMBRANCE REPORT $ 75.00

PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED ($6.48 x 2) $ 12.96

INSPECTION BY BUILDING OFFICIAL $ 75.00

NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE - CERTIFIED MAIL ($6.48 x 2) $ 12.96

RECORDING FEES:

- CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00

COSTS OF DEMOLITION $3,940.00

TOTAL COSTS: $4,404.42

208

Dylan Reingold, County Attorney William K. D eBraal, Deputy County Attorney Kate Pingo!t Cotner, Assistant County Attorney

Attorney 's Matters - B.C.C. 4.12.16

Office of 13& INDIAN RIVER COUNTY

ATTORNEY

MEMORANDUM

TO:

FROM:


Dylan Reingold, County Attorney

DATE: April 4, 2016

SUBJECT: Report on Potential County-Owned Surplus Properties

On March 15, 2016, the Indian River County Board of County Commissioners ("Board") directed County staff to report back to the Board within 30 days concerning the properties identified below. The discussion below outlines the research performed to date.

Tracking Station Property

In April, 1976, Indian River County obtained approximately 5.39 acres located adjacent to Tracking Station Beach Park (the "Subject Property"). In March, 1993, the Town of Indian River Shores (the "Town") obtained the land from Indian River County as part of a land swap involving Gifford Park. A portion of Tracking Station Beach Park lies between the Subject Property and the Atlantic Ocean. That portion of Tracking Station Beach Park lying east of the Subject Property was obtained from the United States in August, 1970 to be utilized and maintained as "a public park and public recreation purposes" in accordance with a Program of Utilization, a copy of which is on file with the Department of Interior and with the General Services Administration. The quitclaim deed is attached.

Approved/or April 12, 2016 BCC Meeting Attomey's Matters

~ Indian River Co.

Department

Risk Management

209


The Subject Property has a future land use designation of OS/R, Open Space Recreation. An appraisal perfonned in February, 2016 indicated that the highest and best use for the Subject Property is for

development of residential uses, either single family, low density multi-family use, or a mixture of

the two. The appraisal valued the Subject Property at $7.7 million, based upon two hypothetical assumptions. The first was that the Town Council would change the future land use to allow low or medium density residential development. The second was that the portion of Tracking Station Beach Park lying between the Subject Property and the Atlantic Ocean could be purchased, or an easement granted in favor of the Subject Property. The cover letter from Stephen J. Boyle, MAI, to the Town, concerning the appraisal is attached. Indian River County has a first right of refusal to purchase the property if the Town of Indian River Shores decides to sell the property. On March 29, 2016, the Town Council discussed the appraisal and directed Town staff to work with the County concerning access from the Subject Property.

The County Attorney's Office seeks guidance from the Board as to whether to explore options with the federal government on the release of the restrictions.

Humiston Park Property

There is a parking lot located on the west side of Ocean Drive across the street from Humiston Park in the City of Vero Beach ("Parking Lot"). On September 13, 1944, the City of Vero Beach passed Resolution 302 stating that "Indian River County has acquired title to certain lands within said county, and including the lands hereinafter described, and the Board of County Commissioners of said county is authorized under such chapter to dedicate to public use and purposes any such lands by resolution duly adopted by said Board, and upon request by a proper resolution from a public board and when such lands are within the corporate limits of a municipality, upon the concurrence of the governing body of such municipality." A copy of Resolution 302 is attached. In that resolution, the City of Vero Beach requested the Board dedicate various parcels, including the Parking Lot, for public use. The resolution specifically notes that Parking Lot was for "park purposes." On October 3, 1944, the Board approved a resolution in which the Board stated that it "does hereby dedicate to public use and purposes the lands herein described", which included the Parking Lot for park purposes. A copy of the Board resolution is attached. There is no evidence that the City of Vero Beach obtained fee simple ownership of the Parking Lot.

The Indian River County Property Appraiser website indicates that the Parking Lot is owned by the City of Vero Beach. In October, 2013, Atlantic Coastal Land Title Company, LLC issued an Ownership Report to Treasure Coast Title Agency of Vero, Inc. indicating that the Parking Lot is owned by the City of Vero Beach "by virtue of Resolution recorded October 3, 1944 in Indian River County Commission Minute Book 3, at Page 150." A copy of the Ownership Report is attached.

The Parking Lot is zoned P-2, Park.

In October, 2013, Assistant City Attorney for the City of Vero Beach, Peggy Lyon, noted that the City has continuously financed the maintenance of the Parking Lot as an over-spill public parking lot for Humiston Park and has more recently used the Parking Lot as a public Farmer's Market on Saturday mornings. The City receives a fee for the Farmer's Market.

;.~ 'vUkJtt1ey 'i.LindalJjEA..'ERAL\B C CiAg,mdo Memos~'wrpfus Properlit:,i.doc

210,

Board of County Commissioners April 4, 2016 Page Three

In April, 2014, Indian River County received Claimant's Notice of Potential Litigation Against Indian River County Board of County Commissioners Pursuant to Florida Statute 768.28 relating to an alleged slip and fall accident on or near the Parking Lot. In May, 2014, the County's Risk Manager, Beth Martin, had a conversation with the attorney representing the potential plaintiff, who indicated that a City of Vero Beach planner told him that the Parking Lot was County property. Later that same month, City Risk Manager David Cecchi told Ms. Martin that the matter was being handled by the City of Vero Beach as Mr. Cecchi claimed the City of Vero Beach owned the Parking Lot.

The County Attorney's Office seeks guidance as to how the Board wishes to proceed with respect to clarifying the ownership issue pertaining to the Parking Lot.

16th Street Parking Lot

Indian River County owns a substantial portion, if not all, of the parking lot located on the south side of 16th Street, between Old Dixie Highway and the railroad tracks. The parking lot lies in front of two properties. One property is owned by Shamay Company, LLC and the other is owned by Paulman Investment, Ltd. The Source Heaven Sent Thrift Shoppe is located on the property owned by Faulman Investment, Ltd. Presently, this parking lot is mapped by the Indian River County Property Appraiser and treated by the City of Vero Beach as right-of-way for 16th Street.

In February, 2012, Shamay Company, LLC acquired the property from Vero Beach Broadcasters, LLC. Vero Beach Broadcasters, LLC had acquired the property from Sandab Communications Limited Partnership II ("Sandab"). In March, 1992, Indian River County entered into a License to Occupy and Improve County Property with Sandab (the "License") for that 0.14 acre portion of the parking lot located directly between the Sandab property and 16th Street. Under the License, Sandab was granted the right of ingress, egress, parking, stormwater management, signage and landscaping. The License expired in 2012. A copy of the License is attached.

In 2011 and 2012, efforts were made by the County Attorney's Office and the Public Works Department to enter into a license with Vero Beach Broadcasters, LLC. In April, 2012, William K. DeBraal, Deputy County Attorney, wrote to Jim Davis, Vice President/General Manager of Treasure and Space Coast Radio, stating that "County staff would be willing to recommend renewal of the license agreement for an additional ten year period with an annual license fee of $900 per year effective August 25, 2012." In May, 2012, Mr. Davis wrote to Chris Mora, stating that "instead of cash advertising expenditures that the County be allotted an amount equivalent to the easement rent at no cost to promote important messages as Ms. Swan and Mr. Loar have chosen to do." A copy of the correspondence is attached. Efforts to renew the license were unsuccessful.

Mr. Mora and Mr. DeBraal could not recall a license between Indian River County and Paulman Investment, Ltd.

;.~. \Alivrmty'o.Unda\OE.\'ERAL •JJ C CiAgenda MtmhitS11rpJu.r Proptrtfes. doc.

211

Board of County Commissioners April 4, 2016 Page Four

The County Attorney's Office seeks guidance as to whether the Board wishes to consider entering into licenses with Shamay Company, LLC and Faulman Investment, Ltd. or whether the Board would be interested in a private sale of the parking lot to these two entities. Pursuant to Section 125.35, Florida Statutes, the Board can enter into a private sale if the property is an unbuildable lot or if the value of the property is $15,000 or less, as determined by an appraiser. The parking lot lies within the City of Vero Beach and is governed by City development regulations. John McCoy, County Chief of the Current Planning Section, coordinated with City of Vero Beach staff and believes that the property does not appear to be buildable, if created as a standalone parcel. Additionally, since the parking lot is right-ofway, it is not zoned, however the adjacent property is zoned industrial. Prior to any sale, County staff needs to ensure that there is no potential need for a turn lane or any other roadway improvements in this area.

FUNDING.

Any funds related to the disposition of these properties would be deposited into the General Fund unless other restrictions apply (e.g. potential Department of Interior requirements for the portion of Tracking Station Beach Park).

RECOMMENDATION.

The County Attorney's Office recommends considering the information outlined above and provide direction as to how to proceed with respect to these three properties.

A TTACHMENT(S).

Quitclaim Deed from United States to Indian River County, dated August 24, 1970 Letter from Stephen J. Boyle, MAI to Town, dated March 23, 2016 City of Vero Beach Resolution 302 Board Resolution, October 3, 1944 Ownership Report by Atlantic Coastal Land Title Company, LLC, dated October 11 , 2013 License with Sandab, dated March 17, 1992 Letter from William K. DeBraal to Jim Davis, dated April 4, 2012 Letter from Jim Davis to William K. DeBraal, dated May 22, 2012

F; \Atiumey\LlrukitGENERAL\8 C Cl.Agenda Memos\S:irplus Propert/fj_doc

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Stll\JECT, llOt'.'JJ:,,'1,,'ER, t.o .ll~ e .. ;.1'at1n'J µ..1:iQ111uuto .and cl,Jl.at-• of way for streu~•-, :tuaJ.s, hi,Jh~~\'lJ-# _railr\lJUU, p1p'-'ll inutJ •. mJ publ1c util1tica.

TC HAVE ~ .TO HOLD t.110 hucuinLutoro Uufh!r1l~J p t:• 1; ,erty, • ubjoct t-0 the r-esorv.i~lont., e:~u:;:vpl;.in.n,a, re:Jtrtcl u,.u·.~ , condltioos .Jnd t.!'ovon·ants haruJn c~L)tO~ue,l ar,"1 110:t f orlh l.lht.o the s.i.1d pa.cty of thU sc90nd. PJ\"t• lttJ iJUCL!',\.!'.IUfOCO ~•~ll-1 ..a.:.o:-J:1 1•.tnlJ, forever.

Tho propcrt:y hcrohy .c,>nvuyo>o.l i. .. a hort1tof.>J"o ).,uull dt1cli1red &ut"plila to t .h., l)OU.UO <>C_ t.i\u UNJTl:l) s~•Jl'it!!I OP ; •:J,;lllCA, la pc~ocntly unJor UKt - jul"l :hU t.·t tun ut tne <"'1C"t11Jr..i-l nurvlcvu 1tt.lainistn1tlon, 1• ,w.~ilablu for •lii,pou.,l ona. t.:to ~U,.i>i>e.:,l h;.11 t.>eun _heretofore ilUthori:<ed by the /1~;,t,,·tutr.ltoc ot C<!hur~l :::ccvlc""• .:,cting purauant. _to thu al>Ovt1 r<>Lt•n·ed to 1 .. wo, .rti<)\llationa ..nil · orders.

YT ts AGREED /\ND-m10J.1tt1T<Jo1; by and boi.wuen . t'h<.t party of t.h• f1rat p;lr't and the p..i.rty uf the iWcond p.,rt, ~ the p...c-ty of the aecond , p;u-t bf its . accc:ipt..mcu of thb l>UOd, does a.:ltnuwl• ed<J• lt• Wld.,..'lt,n1dtn<; <.>f tl,e o\,icoc,i.en.t, anJ docs ··covorwnt ..n.! agree for 1tacH, and 1ta -CU!S,CUl, -Wl"II .1ntl a11•i·<JnS; forev•r, a• follow&,

1. -The pre~iaua_ .ibovu doa~lblhl •h•ll be forvvoc 4nd continuously ,;5<Jd .,n,J ••alnt.iined ae .. nJ· foe ,, pubUc parlt foe """rtit.it.1on.ll (>llrpot,w•• •• Mt ·focth ln the above ;retened to Pr""'1r-· of Ut.1Uaation, aubnitted to the p;n'ty of t.he· tirat p.irt by the t>4rty of the eecos>d part, "hlell -rrogr...,. ,)C utlHa:aUon -Y be -oded frOIAI tt- to t\ro a t u,o r•q,,est <>t otther the party of tho first p;,.rt. or tho ""rty ot·· tho second put, with thlio wrilltin conc ..rron.ce of u .. ~her (>#'ty, ""d u,a_t such amel)<ll,~nts shall· t.. addo.l to and bo..,.,..,. a ·part of the or19in.1l rr"'JN"' of UtUia:iuon,

2.- t:r- the d .. ta of thl• convey.>nce, ·-the p:.rty of tho ,fecond part, it.II eu-,co•-• and usigr,a, sh.Ill ttle blenn1a1·- reporc:s wlth the socrct~Y ot ~ Interior, -tum}, forth c:ho usu of thct proporty duc,lng U,e preceding i:-yi:iar period, .uiJ other pcfrtt-t datll establ1ah1n<J its conttnuou" use· ot. the p;;o.tlMI• for the purpo .. ;. a.et fortn -al>Ova, · ·

l. me p;ijrty of th• ne..:<>nJ pout wlll" 1\l>t aen_, leaff, aals191), -or' l>therwi11c Jhpoee of; .u.y of _ tho pr-iae• above d••ci-1.'boc1, ·e,:copt to -anottier local-<J<W,r-tal- ~ency that the socrot.iry. of th.,- l'r•t•~lor 1• eatiaf1ct4 can aa11urob>t1 cunLinu,,d uao and "'"'"ll>n=ce cf the pr~rty "" · ;anJ {oc publlc- pJrk fo.r recreat lOll.:il Jl'lrllO•n"' 1 _

-1. Tho P-l.&'tY ~ , tl\O £,-rl"lt p.i~t eh;lll Mve tho rlght uui:inr; thu O>,.lst.-n,;o . .. r _ .:iny national _Gdiec9e11cy d<l!!l.u-ed by tho Pre,.1'1un~ ·o f t:hp UN lftl> llTA'l'f.l: 'OI> /\1£RlCA, or the· cun-Jro/Ja c;n,;,reot; to tba_ tu.11, . l!n" ro.~trlctcu i-,oauo~a1o ;,. _ Ct>l'l_lrol and """ ut t~ ~_ .... ,L ... , o.r --tny p.-u· t t;.bor,~,)_(, ._w1t'11c,.ur. -.:-·O ... l'•JUf .. Jt•.t<~·T tl•~,t:- U10 p;u.·ty uf • tho. Jir~t :f~.-,rr rtJ~,,ll · l'~ C·C.,pur\ ,thh:t ·th,u."\·.n\,J

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,lh.l: PROVIDl::.D, ltf1\·1t-:V1::1t, th;1t. lf .mch u:.:;u .1~ 1·u•11111:c,i uftur lh1,,1 u:,q>t.r.,t ton ot • .1 po..:i.-· h•lt l~t twunt )' ( ..:.•t) J ~:,u·tJ frum th~ tJ~itt! of thii1» ~ouv-.:y,\n...:'-!, lhu 1•-n·ty 1,( t , 1,• first p--lr.l alh1ll p.Jy ..1 L.1i.,: c,.:nL1l i\u:: t.htt oul11· 0rw port_lon o[ lht: 1•1.'t..:i•llli~:; :·u u:;4,,; . .l;

.5.. I.n the event uf .l hru ..... ;h ol .... n\' cundlt.lvn ot' COV(:S.fhlOt ht!t'Oin 1,.,po~cu, Lhu scci·et~tl"Y of U11.l Interio.t ·ulay immedi ately ... ~nt~r Jnd Jl1.>!JSo;:-ss him~h:it f of title to tho hv:r0:in-conv~:·1JU pr\?ani!ic;:. for ~nJ on .h(thail.f of· th~ u:-u·1~1,;D !:1'.:",#t,:~ \)l' ,\:,it< lt:A;

6. In tha evon~ of u l>ri.!.,ch ot ~,n_y ',.!ond1t ion or ooven~t hero.in !.J,1p.:.1sud• the p.•rty of tho uocnnd pa.it wilt. upor Jernd;nJ by Lht.? ~~ .. :a~utary of thtl tnte.r• lor .: ta.kc suc,1 act ion, inc 11.1..l ing tnu f}roaocut loh of ault:i, ox- e,ttJCuto aucn ·1n$truu,cnts -1s 1n,;iy be ~ocOss~ry· or required tc, ·evidt:mce tr .. Ln~ (l!1.· of lttle to thu · horoin-conveyed r>rL'1" ... cs t<> lllC Utl I'I'F.D STI\T£S Of' l\HERlCA:

7. That:, as part: of the cunai<ior'ltion for tllla Deed, tho p.,rty of th.i G<lCuri.l .p.:,rt C-OVOniUltS ..nd i>'Jl" ...

tor itself; it• oucc,,csoct1 ,m.J .:iulli9no, tlut (l) th,, pcogrillll for or 1n connection wllh ,.,hkh till.a l)Ood la p,ado .wUi bo conduct....i. in <.·ompU,.nce l'ith, ,U\d th<> i>;lrty of · the eecond p':irt, il;.a u.ucceaaors and .. salyna, w1.ll _coa,ply wltb .. 11 roquirc, .. ,.,nts i,.,po .. ed hy or p.uau=t to the regulations of tho Gcnoral Servlcua A4'11-i&trat1.on as Ln effect on th<> d"1te of thi" l)eOd 1.i1 en Subput lOl-6.2) issuo<l un..l*- U,u provlaion1, ol Title vr of the clvil Rtghtn Act of 1%4, Ill thi• coveru.nt &hall bo ~bJect in. all renf>"cts to tho provisions of ••id ·reg:ulationsr ( 3) the p irt:y of the second p.-rt:. its· succe11eors Ami -aa1119ns, wi 11 rroa,pt. ly t .. l.a 1md c<>ntinUfi: to take auch ,1ction " ·" 111..1y bo nec.,aa.iry to

. effectuate thia covenant, Pl the ' Unlted SLltes sh.llll:· baV<I tho right to seek ju,tici.1l •mfo,coa,ent of till" covonant.,. an'1 (5) tho J:)Jt·ty ut: tlti.: £.econ;.) p.,art, J l.$ ll!U<:~easora cm<l asatgn11, will (..a) obtain fr0<n u.1..:h otber p.,raon (any leg;,l .cuUty) who, ti.rou11h contractiaal or at.her arr'ln-.e,n<>nta wlth tho pJrt\· of tht1 s,ucoild pa.rt. its auccos.,ors or u!it1i~r1.::,, is aull,~>~1~u,i to provt·dcr ••rYices or 'benefit::. u1i.JL!r 1'd.i,1 t11C'l>iJr.:iffl, a "1t"itten· ii9reewent purau~t lu \lhi L•h uur.:h othe.i:' perso n shall , with resl),,ct tt> the serv!cds ,>r i,>on<!tit·• whi ch he ia aut.ho.L-i·~e J· to 1")r,,\li,4", undtJrt.ike for himself tho aarne ohl I ~,;,t i.onn i..iB tho.uo ii:.po$ed upon the p..irty of tho ::..ucun,l p.Jrt., its 1;,uct.."()4&oru and. assiq-na., by t.hl• covnn:int, ~mJ (b) fu.n·uUl._ t ho ori-g"inal. of au~h n1JrO.c."?1•14..mt to t.ho Socrot--tcy of tho tut·erivr, or h1s au~~·u:,.•:uc , upf·,n his roquoa1t lhc-f'u·forJ ;,anJ th•,·t thi:J. covcn~1t1t :.;n:lf \ ,:un "W"i.t.h iJuJ l~,nJ h4-!:t'O-by ~oo-vc·, --~~!, · . \H,-t :.1h.,l l l'n .. n~' \.!v,•ul, vt. t hollt r...:y..tru t<> tccl-UliL'.ll \,,;".l.1·.;:,t lic Jlio n ~•i..- \.l,!:; l ,_1n~1t.ion, lu~1..1.l oc ot1u.:;1. .. ·i.~<.:, 1,,t• i..,t1.1Jtn,J t,, rl •. ~ full u t•l extant p..Jr..i.llt.(;'1 l ,'f L,,_, -•lld, ..:-quit ·/ ... ,•,- thl-l l .... ~11.~f.1l v~, .mJ i n f.,w.- r vl" lnu !>u:ty , · l lh · l i1··,l P~1r:t and ~n-fn.r~~: .i hltJ Lj· L,..:. , ... ,.-L '.I . •I , .,,. • i..r.,t ,,.u·t .· ~,.J.d.J):; t.

the f)arty of th11: eecond f)J&.~t, \ta tiUC L'U~ar,r:1 ~u\d a.asl9ns.

In tha event thera ie a br8~ch of any uf the cor1dit ione and covenants herein contalncu l.>y the pat-t.y of th,. o-,,,,..,1 l'·•rl, it• • ucccssora and a•s1;,no, whether c3u:;cd l>y . th'-' l<>'J" \ lh d; i Hty of the aait.l party o ·f the socond p..u.'"t-, ita su...:cca-sor41 ilnt.l .Jl,u hms. t.o perforCQ sal-.i conU1t.1on» .. ,thl C.:('IVl!Jn'-'nts, or Oth~.rwiau, .ill &" ' · •'' ',

t.ltle and ir,terest in and to tho s .. i.1 ,.,,..,,tso11 ~h.lli ruv,nt t.,., <1nd l>Ocoone the propoi'ty c-f t ,1c UIII'tl'f) i.,'!Wft::S 01 ' r.~.J!:11 JC/, "t it 8 option, an.t it shclll lf~vc tltu 1'-'"~~i.,to ri. tJl,t of C.ntry upvr. .... ,t.:l pre,nise:s, and thu party o{ tht.! JCCona.1 P~·rt.,. tt.u ttlh.;..!u1.~u n.1 -.1uti 4ssi,,na, ,ihall forfe it .1ll ri".)ht, t.lllu <lhu lntcrc.it ih i,Jld prem.a.ses .ind t.n any and ~ll o f Lt1-..1 t~11~1..J,,tc:.,. bLJ"''-"'•'tt ... 1~ol• .:snd appurtenances thdrount.o l.-!lou-11n-J;

PROVlDt.-P, UOIIE.VF.R, th.>t. tho fa.! 1uru .-r thu :iu . .:,<>tilr v of the oepari-nt" of Tntari,,c to require i.n · ,my oiw or ,.., ... ., 1natances oolllplote perCorni.mcu oC unv ·<.>f ti,a ..:wnJ~tions ur covonilnt• sh.ill not Lu cons trucJ .. ~ J =1vor o, r11Ut.Cj\!lal11Wnt oi auch future pcrforn,,>nco, t•ul tlw ot>l l\!Jtton vl thQ p..tty · of ti,. •ocond part, its successor .... 1,u ,l>l'llgnB,. w~i;h r1e ... 1iect: ··to 11.Uch

future perform.lnce ahiill , col\tfo..,.; tn (ull toi:c-1 .i("" . .-ucct.:

Iii IHTNl::SS WIJ!IU:OP, 1:1{0 patty of t.i,.- hn.t p .. n h.i;,... c<1u....S thoa~ prcliont's t·.:, i.,., u .. ,,.,.:.i:.co ~n ,ii.a n_.i...: ·.;11\l•Qn It~ t...rualf the day 111\u yuar rl~t.t .,1-..,vu ·1o11·lLt<:1i'.

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Q.!h_~?'.:i1 .. !:o.cvtCuti ·1\U$,.n1str.,t.1on .. ~;_,•) i on I,. ft_l u!3·t.l;_., C00<•1~~

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Thia day, before tt\e 'undo·r••tgncJ,, · .!'4ir:•Ol'\llll·~ aP9e.iild lflUIRDf o. MOODY, to - -u :kJ\oWn and known to 1>9. the per- . de•cr~bod ln .u,,J who e,wcutod .t :.o · t ·ot-O>J01n'J lnotrldl.ont ot con• veyanca OC'I ··oohalf of th-> UNl'l't:O :,1',\Tt::s - vr l\111:111c11, .ui.1 .. .:•.nw t• . eJ..JuJ th41t ho, buin1J t·l1,•.n~n,~tu 11-i•1ly•: . ..1ut.,11)), fJ1J to.l ~HJ Chlu!f fhs tl r r•ltt\.JrLy Plvt 1.t l un, \•r u 1't 1.l y , , .. , ... ~ ft\,.,·ut , ,tlhl ot,,l,.)UJ.l : ;urvl t.V, oonur.1 l sorviuJ~ ldoth1i -tLl' ~,lt-.>n~ tt~ -J l·on _ l. 7.l l,tnt-', ~ OC•Ji.l• axec ut.ed t h e aaa,e f<X ti>!>· u se• .m.1 purooeoa ··t ha>ruln OitP<"••Ul.ld H tne fr .. act and <l"ud ,;,f . th• \Jlj.?Tt;D &TA~S <>r AllERtCl'., th• Amoiniatrator <>f General . &urvlc" n • t:hc Gerw•·;,1 !.;uvico e A-ioo.1nl•• trat~on llnd h i rnaell .

IN \;ITNErs UIIER1'-0F, t l\.)VQ nor<>UOtQ. ~lflx.ed "'Y oI U eial seal o f o fflc.e in 1'tbnt/k, (;C.;)t'~.1 .. , tl1b t ho 2.1th· .ja'Y .. . of .AU•JUISt, 1970.

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9J? .. ~_; j],_~-+f .. i,i_~}. MO!l'l'lslli: W. ·lfVO~;· »ol.uy 1>\1~1[\:· 'f·•~ GuOi<-J1a, Stat• ;,t W98 · , i •· · • ; • i fY &>-ta'h~ .. 11:..11',i-ea . Gfl'i!.U . l,; J . ' - .·.;•. ~: .. ::. <~~. :·

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Stephen J. Boyle, MAI State-Certified General Real Estate Appraiser RZ699

March 23, 2016

Ms. Stefanie-Jo Osborn

Boyle & Drake, Inc. Real Estate Appraisers and Consultants

3790 7th Terrace Ste. 202 • Vero Beach, FL 32960 Telephone: (772) 778-7577

Fax: (772) 778-7868 [email protected]

The Town oflndian River Shores 6001 N AlA Indian River Shores, Fl 32963

Paul P. Drake, MAI, SRA State-Certified General

Real Estate Appraiser RZ27

Re: An Appraisal Report of 5.50± acres located in incorporated Indian River County, Indian River County, Florida, 32963

Ms. Osborn:

In accordance with your request, we have made an investigation and analysis of the above referenced property. The subject property represents a 5.50± acre tract of vacant land located on the east side of SR Al A with ocean views but no direct ocean frontage.

The purpose of this investigation and analysis was to estimate the Fee Simple Market Value of the subject property assuming the zoning and future land use are changed to allow a use consistent with the Highest & Best Use as of February 24, 2016. The client and intended user is the Town of Indian River Shores. The intended use of the report is to determine the current market value for the internal use of our client.

As a result of our investigation and analysis of the information obtained herein, as well as a general knowledge of the real estate valuation procedures, it is our opinion that the Market Value of the Fee Simple Estate of the subject property '"as is", as of February 24, 2016, was:

SEVEN MILLION SEVEN HUNDRED THOUSAND DOLLARS ($7,700,000)

218

Boyle & Drake, Inc.

Ms. Stefanie-Jo Osborn the Town of Indian River Shores March 23,2016 Page ii

Extraordinary Assumption(s): None

Hypothetical Condition(s)

1. The subject property currently has a future land use designation of OS/R, Open Space Recreation, as a result of being owned by the Municipality. According to the Town of Indian River Shores, The future land use would be changed to allow low or medium density residential development before it would be offered for sale. For the purpose of this report, we have assumed the future land use would permit medium density residential development.

2. The subject property does not have direct oceanfront as a parcel of land owned by Indian River County separates the subject from direct frontage. For the purpose if this report, we have assumed the parcel of land owned by Indian River County could be purchased, or an easement granted in favor of the subject, to allow the property owner(s) right of use.

The use of a Hypothetical Conditions)may affect assignment results.

This is an Appraisal Report report that is intended to comply with the reporting requirements set forth under Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice for an Appraisal Report. As such, it does include summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report.

Additionally, this appraisal report is prepared in accordance with the appraisal guidelines of the Uniform Standards of Professional Appraisal Practice (USP AP), as approved by the Appraisal Standards Board of the Appraisal Foundation and FIRREA Title XI, 12 CFR Part 323 (FDIC) and 12 CFR Part 34 (RTC).

Your attention is directed to the limiting conditions and underlying assumptions upon which the value conclusions are contingent. An Executive Summary has been included for your convenience. It has been a pleasure to serve you in this matter.

219

Boyle & Drake, Inc.

Ms. Stefanie-Jo Osborn the Town of Indian River Shores March 23, 2016 Page iii

Respectfully submitted,

Boyle & Drake, Inc.

Stephen J. Boyle, MAI State-Certified General Real Estate Appraiser RZ 699 Expires 11-16

2.20

I""

_nelly, Wm, L·. Mumm, Dale Talbert and 0 . P, ?lerd; City Attorney Chas. A. :'.itchell, Supt. of Publ -Works Harry w. Damerow nnd City Clerk A. C. l.!o.cConnell.

President of Co1J.ncil Paul A. B'lindorf presided.

Minutes of meeting o f Se::te::ib8r 13, 1944 were read ~nd e.pproved .

'1 A. 7f. Youn~ ap:,:,eared befo r e t he Ci ty Council in_ respect to cha.nges in• str<?et r . f.. of way through Tracts "B" - - "C 11

- "D 11 and 11E11 in Section 35 - 32- 39 . After discussion of the ~ matter, the p r oblem was referred_ t o the Finance Commi ttee and t he Planni!lEjk_~_ninG Commission,

;, Chief of Police J. Y. Copeland a.sked that proper steps be t eken to correct the \l parkint; conditions at the old PP,lme tto Hotel . This ll'as r eferr·ed- t o the Street 11nd· Sider.alk Com 1; <: Diittee for action.

f ti he had _not J r:overnment

Fire Chief Toole reported inst,,l :i. e.tion of a cas t.,_nlc f!t the :!leachlrmd Hotel whic insp ected and which he understood it is not h is duty to inspect, it b~inr, in s t~lled leased :;,rop ert:r under di rection of ,"overnmen tal ?-f.:encies .

It was moved by Council,,an Comiel l y , seco""~ b y Councilman l.!u.rr.m a.'ld ca r ried t ha application of John Capone f o r licu o r l ic~nse at 894 - 21 st Street (forner T~opica.l Bp.r site) b approved,

The hou r of e:O'.l o 'clock having arrived "'.)roof o f ,mblication of .n-:, tice of tax equalization meeting was presente<l. and r e11d .

The Clerk reported in d e t c1.1l on the construct i on of t he ·!,ersonrl p roperty ta:,c ro and the difficulties in connection l'lith p repa.ring this ,,::i.rt of the roll , incl•.1din~ ba.s is of - , ment·· against local as com,Jr.red wi th out of tovm fi rr.is , h o11sshold fur!lis!'liTI!?:S, hoats, etc, also submitted a list of i t€ms apren.ring on the county roll ~,hich t ~:e city does not ?.ssess. Al of these matters were !l!?l'.JTOYed as e .xplain~d and ?.TJ):'earir.g on t,·,e r oll .

The Clerk t h en ·submitt ed t he Tax .Advi sory Bo~rd's r eco'.!lmend e.tions date May 9 ,194 and Clerk ' s communication of :,:ay 22nd to t he Boar,1 coverinF- new i terns added to the te.x roll l'o¼ and miscellaneous adjustments f~r J.944, all of which we re ap'.1roved as submit ted.

Conforming t o t:'le records t he followinf; -,ere ordered s tric,:en from t he ·r oll: Widow 1 s e::<elTTption for Jennie W. Pritcherd , ,,',:ll ie B. Hu tchison, Lydia B. ~Hcholson .;)'.ld J a1et He:lc ro?1,

The U. S. Naval Airbase v ?..luation .,as r evie7Ted .

Whereupon the following resohi.tion,No. 301,was introduced by Cc,1nc1lman Con"lelly ~ho moved its adoption:

WHEREAS, it <'.ppea.rs trw.t due and legal :1-:i ti ce t h?.t the Ci t~· Council 1'fOuld meet on t',e 27th day of -Se:)te::-,ber, l ?-44 fo r the ,n rpose of eoualizin~ and rorrecting t !ie tax as<,e~·,;ment roll 0f sc'.i d Ci. t), for t Ln :,ear 1r!44 has been given; a nd

WHER.'.!AS, The Ctt:, Council did meet nt s:i.id t i me fo r the ;}Urpose of hearin~ objections to said asses ,;me:it roll ,,~,r! for eo\.>ali:dn:,; e.nd correcting said assessment roll a:1d <l id on s<1ic. d ats r~c ,iive .;,.nd file so.id ass essment roll; and

'll'HEEBAS, all ,.,ro::::ierty cw!lers nnd t axpaye:::-s desiring to be hoard with re?;ard to se.id as_se!>tment ro l l have b e en ~eard a nd t~e same t 0f.'.ether '.7ith 2J.l o·bjections m:.:d e have c,een duly conddered and it not b ein,r: ~o~:nd. 11ecessar:,• to raise ~"Y of th"' "~ c,:, ,,~ments a;:,:1earing on said assessment rol l; t !'..e refore

BE IT Ri:SOLVED by t he Ci t :v Council "f t !-:e City ,.,f Vero B<?1>-ch t hat it fir..ds that s:a.id asse.ssment rol l i s corr-· ct "nd there are no ch,-,.!1f:?. S necessary t l-- ereon and t hat sa.id ta:,c as:;essment 1·011 of s P.id Ca,, for t l:e "'ea.r l944 8.s rre:9i,.red by t h e City Ta.:< As5es2or ,-nd :,r.,se::ted to the Ci t,_. Com!cil '\:e , :c>nd i t is hc·reby R:;>provect anrl co:1fi rmw.

The f oref'.Oir.{( res'll\;_tion we.s duly seco!lded lJy Co·.:.ncil··'.D.n Mumm .~nd upon b ein~ put t o a vo t e was unanimo\tsly ad.o:;,te<l ?.s follo..,s :

A,yes: Councilmen \'l'a rd , Con:-iel.ly . i.'.urom, T:-1 be rt p c,d :Bcind orr. trays; }Tone.

The Supt. of Public 'il0rks reported on COIT'?laint received from the 1,ava.l. Ba se in connection with fl ood lights at t he athlAtic field ,ma ,,as ins truc t ed t o ende,wor t o .,.ork -:iut some satisfa.ctor y ::e.ndline c f tl•is -r.at t c r,

adoption: The f ollowing r<'>solution No, 7rJ2 was introduced o·-• Co,,n0 i lr··,e.n /.!urnm who ~,wed i 1

'i.'HZREAS, P'J.rsup.r,t to the :provi s ions of ChP.!,' ter 2207'=! of the laws o-f :Florida Ind i an River Cou..'lt:r has 2.cc,ui r ed ti t l e +o c ert:,tin ll1:1d s within st>.i d cour.t:r, &'ld inclvdinr, t '.·,,:, l;;,nd~ 1-erdn;)ft er c1 e$cribed, ,-,.nd tr.e )~0:crd of County Com~issioner

221

01 sa4a county is authorized U!lder such chapter to dedicate to public use and purpoae· any ~uch lands by resolution duly vdopted by said Board, 8Ild upon req_uest by ·e. proper resolu.t1on,_i'.ro:in a public board and when such lands are within the corporate li!llits of a 11Wl1cipality, upon.~he cc currence of the governing body of such =ic1pality; and,

WliiREAS, the lands hereinafter described a.re needed for public use and pul'poses; therefore,

BE IT RESOLV1'lD, tha t the City Council of t he City of Vero Beach, Florida, be3 a public.board .within Indian River County, Florida, e.nd being t he governing body of the City o1 Vero Baa.ch, does her ewith concur in and r eoueat the dedication by the :Board of County Commissic ers of Indian River County, Florida to pubiic use, of the properties hereinafter des6'ibed, end

• situated in said county, to-wit:

Lots 6 to 15, both inclusive, ·Block l , of Northwood Subdivision; Lots 13 to 20, both i nclusive and Lot& 23 to 29, both inc)ueive, 'l Block 2, of Northwood Subdivision for public athletic· field !l,lld park.

Lots 27 to 39, both inclusive, Block l, of Langw1ck Subdivision; Lots 6 to 25, both inclusive, Block 2, of Langwick Subdivision for public park.

Lots 6 a.~d 7, Block 2 , East Side Subdivision for public street,

Tract "A" (Designated as Lake) Sunnyside Park Subdivision for public par k.

The Nortb 60 feet o2'. Tract "B•, Block l, of Veroma.r Subdivision; Lots l to 13, botb inclusive, Block 13, of· Veromar Subdivision: and Lots 28 to 34, both inclusive, Block 13, of Veromar Subdivision, for public yacht bt\sin and park, ·

The Vii of Lot 4, Block 1, of Walter Kitchin~ Jr, Subdivision; Lot 5, :Block 1, of Walter Kitchin,: Jr. Subaivision; Lot 5, Block 2, of Walter Kitchin~ Jr. Subdivisi on; for public street,

Lots 2S and 29 , in Block l of Vero Beach istatea Subdivision , for park purposes.

Lot 12, in Bl ock l; Lots 37, 22, 23, 4s, 49 and 50 1 in Block 2; Lots 12,22,25,37,46 , 41 in :Block 3: Lots 22, 23, 24, 37, 38, 39, 40, 41, 46,93,94,85,86,87,SS,69 , 70 ' &::s9 in Block· 4; Lot11 26, 13, 33 a.nd 34, in lllock 5: Lot 12 in Block 6; Lots 11 Md ?S, in Block 7; Lot 11 in Block 8; Lot 11 in Block 9: Lot 13 in Block· -10 ; Lot 13 in Block 11; Lots 13 and 38 in Block 12; Lot 13 in Block l}; Lot 30 in Block 14; Late 13 and 38 in Block 15; Lota 13 and 38 in Bl ock 16; Lots 13 ,md :;s· in Block 17; and Lot 13 in Block 18, all in Vero Beach Esta.tee Subdivi s ion, and f or public streets and alleys and for public thoroughfares,

:BE IT EURTHJIB RJ!:SOLVED, that a certified co;py of this resolution be delivered to the Boa.rd of Cou.>ity Commissioners of Indian Ri ver County, Florida,

The foregoir,g resolut i on was duly seconded by Councilme.n Connelly a.nd upon being put to a. vot e was unanimously P-d.opted as follows:

.Ayes: Councilmen Connelly, MWllIII, Talbert, Wa rd and :Beindorf, Neys: None,

The Clerk advised that certain lands i n Kor thwood Su.bdi Vision adJoinint; the City's athletic f i eld were osmed by the State of Florida and he was i nstruc t ed to determine how much t hese '. lands ~ould be acqui red as an mdition to the Athletic Field,

The M~.yor advised of the Aloer ican lee-i on's re~ues t fo r permit to conduct a car ni va.l from Seritember 28 to October 7 inclusive and recommended U:at p e?lll it be granted. without charge, this being for the benefit of t he service nen. Such -permit was ordered granted: :p r ovided no activities be carried .on during the period of the High School Foot ball game,

I t was roved -oy C,rnnc i111,an Talbert, seconded by Councilman Ward and carried t '·"'t the !Jeyor' s appointD1ent of Alvin Festus !Aeeks .:>.a Policeman of t he City of Vero :Beach , Florj,

confirmed. It was moved by Councilrnan l.!u.mrn, ,seconded. by Councilman Connelly and carried

t hat the Mayor's appointment of Eenjamin Frankl in Holland as Fireman of the City of Vero Beach, Florida, be confirmed,

The Cl.erk.1.e rnel!lo of September 23rd. in respect to F'IIA Proj. Fla. No. 8-M-70 and vieit of F. E • .Albert, Field Supervisor, Federal Works Agency, was submitted. and read. It was mved by Councilman Connelly, seconded by Co1mcil1~an Ward Rlld carried that $500 for negro f l!.C11-ities be approved for i nclusion in the project , the City' s shar e being $182.50 and the Mayor be authorized to direct the l etter to t he r,overnment a,s-ency aunr ovin~- t h;s chan~e and that the City coopel·:-te ~ith tr:~ Ua.vy in every w&.y ·possible, in erideavo:rlng to O'Ota1n a r ecrea.tion building

221

. ; ,--- ' ·";_,\ _ _,-.: - :; . ' .,

. _. . . . ' :,' : ~ -~

- ,. ' ,-- - ;-__

. . : - -· . , - : · - -'

. . . .·•·

__ . w~', the lands hereitiat'b~ i3.el@.~l'~_b'~4 .if~-ri~,~-~~~ . for publ'i~ us~ a,nd pi:irpo~es; therei'6r~, . __ _

.. '16"0 ~~tl'~r.::L:::};:u:::."::,:•;;~-~~?/ .. • .. · S~~§::!~:;.E:§~,f iliit<:

: a)).d -st~t-ei:t •· 1n said .county, to-:-wit: ·_.. •·. >.•;>>·

. ,_f?'.l .. ~l~J1ii~t1E~?!~t:~SiJ~r · i.\cn'}

0 · ~ · · · Nortnwo·od $ubdiv1Bion for . pubHc :a1;hl~tiec·:t1.el-<I< .{~:~, yr ""' p"1\I<. . . . .. . .· . •. . .

7 ' . it.k~t~~~;1ire:~1~;s~,Mti:tQ,< . ~ots 6 e:~d' 7' Blciek 2' East Std~---sji~ti-1:liion ·i'6i- :

,. ·:,: :: ·

public street. _ · . .. . . .

.. . -=-~rv~::q~D;~;~:i~f ca;a~te)~-~tm~ti;;t:r¥t~>·•···\·· ···• . !&re North: 60 1'eet of Tract ''B", ·Block" l, ' 01'" ... V'iI'oi•·i

l!IS:r 8ub1.t1vlsion; Lots l to 13, both_ inclusive/ "> ,Block: 13,, 01' Veromar Subdivis16n; - and Lot~ _2e ·to · 34/.both ine;Luslve, .Block .13, of Veromar Subdiv- ·

· ision; for public yacht b.s.sin .and pa.rk;. ' . . . . .· . . . . - . · ,. _ .· . .,: . . · .

.. . Tb,e wt or Lot 4, . Block_ r , or Walteif ici\e61nil .· .,· .· . Jv~ .S-uM.1via.1on; · Lot 5 • Block 1, ot "\falter ltitching · Jr . Subd1 via ion; . Lot 5 , Block 2 • of: \'lal ter Ki tc~ng

···. Jr.· ·Subdivieion; Ml& Lo.t -,i..a,--~~~~~' ~..:s$-h'.iia&...!l'.-,-S\i\b~i•sA!lti~ f~r pu'bl~c 13t!'ee-~ .. - .. _ · ·

223

J / ··· ·1.'"."", ·.•, :·

1/ · .;1 ....

/ > ~✓#l"·

/

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.;~t:a.- 2$: anai 29-, -1~ 131:°ook l.-- ~i' . V~ro·-~:aeh Estates•: : .'_'.

:: ... :::1~::?::~,ii:r-frrt:::;.:e:-.. !,~!{ 5¢~.-i~ ._ · )3loqk 2 ;<, Lo,ts l~., i2 I'' 25., }311 , :t,6· i ~?:(~ 1p-_ 13;1,Cl_o:k

-.· ,3;. :f.ote 22, 2$., ·24.; 57, 38 ss, 40,· .41,;: ~6., 93·, 94, ;is-5, ?6, fYU 88~ 69_ and "I. -~---.tn Blo~.Ji _., ,f ,.Jp_ts 2~., ,13,

• . 33 11,nd ·_3~j. 1p B¥o1i: 5}_ · Loi:. 1;2 in. ~:J,~ :'6'fi I/bt$ · 11 .. ·. i and :28,t 1tiJ3lqck_ '7-;- LO:t _g _ in ~;t~~lt-:~f-,~~f,~ :µ in . .

Bl9ok -_ ~; Lo-t, .:1.~ln·,l3le.c~ .-10;--r.otr ;tZ ,_1n·::'~l--o~'k --l .+J . . . J:,o,ts 13. an-0. ~a, in '.BJ,~l( lS.; . J;,ot -l~ t~ . _B;Lo.elt ;t:3 ;_ . . .··

.. . : ;~\ ,Lot.': 3-0 .-1.n Blo~k, 14-;'._ .f..o't. , ;l.3' $ia '38<ltt,-$1.o.dlt •·1-s:; . . ,;, c ·• ·.•· Lot~ · 1,3 and :58 -in 'Bl~Ic ;rs.:,. Lots . 13 ··s:nd 38 · in Bloelc _·

. ·. 17; ~ ~t 1$. in l3loek 18. al.I ~ ·vex.-p a~ch . . ',,Estates . ~l:>d,1vlsion, -and f.or pu-bltc; st-I'oets a,nd -.'.·all,e;rs and -i'orJPµbUo , tq~o~arei!i. : -·· . . ·. · \ • ·

·-'_-~.,E_:·~-~••·~Tlt!¥i.~?t~~-: _:t~;;:.t~ft:i:;,f :~~'.d __ ._00°p:1c._:Or·· this-· .:t~;,~~~{~e ~ ot !l<>un1'Y ~·•""-• -~ ··~-

224

~.-~:.:._~.~~""".i:::iL-.,::.·

~:-.::;J· ·=~·~'-"-'··;•~·, :~:/~ ======================================================::11l~~t

150

(The following ehould have been inserted prior to the Resolution on page 129,)

Present et thie meeting were X, W. Vickers, es Mayor or.d ~lrst Executive Officer of

the City of Sebastien; R. G. Hardee, as President of the City Council end Hsad of the Legisla

tive of the City c,f Sebastion, and Mrs :Elizabeth w, Roso, ae Tex Assessor of tt,e City of' Sebas

tion.

The Boord of' County Commls8ioners and the above designated and desct-1 bed officials or said Munioipality of Sebastian then entered into a discussion of the price of each peroel or

land to be fixed in connection wltb the sole thereof under- provisions of saic Chapter 22079,

Th" Board of County Commissioners and said designated officials of the City of Sebas

tian unanimously and jointly determined end agreed that the price of ell of Juch land situated

"ithin the corporate 11.mits of tba City of Sebastian should be 5~ of the eniount of the last

assessed veluet.ion appearing upon the County Tax Roll.

p'-------------Commissioner Helseth offered the following Resolution and moved its adoption as fol-

_ lows, to-wit:

..

Jd [Cl •. ·· ' 1 . RESOLUTION

WEEREAS, pur~u.:;nt to the provisions of Chapter 22079 of the laws of Flot-ida, Indian

River County, Florida bas acquired title to the lands hereinafter descr ibed, end the City Coun

cil of tba City of Vero Baaob, Florida, being the governing body of such municipality, and being

e public board of s~id county, hes conourrad in and requested, by prop"r resolution, the dedica

tion to public use Bild purposes of the lsnds hereinafter described by the Boord of County Com

m1astoners of soid oounty; and the same having been du1y considered by said Board of County

Colllll)iseioners; therefore,

BE IT RESOLVED, that the ~oar.d of Ocullty Co111D1iss1oners of Indian River County,Floride,

does hereby dedicate to publ1o use and purposes the lands hereinafter described, situated in

Indian River County, Florida, to-wit;

Lots 6 to 15, both inclusive, Blook l, of Northwood Subdivision; Lots 13 to 20, both inclusive,

and Lot8 23 to 29, both inolusive, Block 2, of Northwood Subdivision for public athletic field

and park.

Lots 27 to 39, both inolu~ive, Blook 1, of Langwiok Subdivision; Lots 6 to 25, ~oth inolueive,

Block 2, ot Langwick Subdivision for publlo park.

Lota 6 and 7, Block 2, Bast Side Subdivision for public s\reet .

Trsot "A" (Designated a::. Lake) Sunr;yaide Perk Subdivision ,for public park.

The North 60 feet of Treot we", Block l, of Vero~ar Subdivision; Lots l to 13, both inclusive,

Bloak 13, or Veromar Subdivis~on; and Lots 28 to 34, both 1no1usl~e, Blook 13, of Veromar Sub•

division, ror publlo yacht basin end perk.

The Wr or Lot 4, Blook l, or Walter Kitoh1ng Jr. Subd1v1s1on; Lot 5, Blook.l, of Walter K1tabing

Jr. Subd1v1sion;(Lot ~. Block 2, ot Walter Kitching Jr. su~divis1on; for publia strea0

Lots. 28 and 29, 1n Bloc~ l or Vero ~eeoh Estot~a Subdivis1~n, tor pe~k purposes.

Lot 1.2, in Blook 1; Lots 87, 22, 23, 48, 49 and 50, in Block 2: Lota 12, 2?, 25., 37, 46, 47, in

Bl.o~ 3; Lots 22, 23, 24, 37, 38, 39, 40, 41, 46, 93, 94, 85, 86, 87, ee, s~ end 70, & .s~ 1!1

Blook 4; Lots 26, 13, 33 and 34, in Block 5;. Lot 12 in Block ti; tots ll Bild. 28, in_ Bloclf ?; Lot

11 in Block e, Lot 11 in Block 9_; Lot 13 1n Block 10_; ;Lot 13 in Blook 11,; ~ots 13 end 38 !n

Blook 12; Lot 13 in Blook 13;,.. Lot 30 in Block 14; - Loto 13 end 38 in Bl ook l &.i Lots 13 and 38

in Block 16; Lota 13 end 38 in Blook 17 , _end Lot 13 in Blook 18, all in Vero Beeoh Estates Sub-

i division, end tor public streets and alleys end tor public thor~ughfares.

! BE IT FUR'll!ER RESOLVXD, that said lelldB shell not hereafter be assessed for taxes so

1·· lo~.S .1!19 the seme remain dedicated or devoted t o publio use; end thet a oertitied oopy of th1e

I

0

~ . .

®

i ,

,

I

• 19 II

•

•

I

•

··-- ---- - ---- ----- ---~ --

resolution bo delivered to the Oounty Aaseseor ot Texee ot sold oounty, in order th~t he mey

ao ,exempt -sold lends trom texea; and that e oortitied oopy hereof be delivered to the Oity Tax

Aaeaeaor or the City or Vero Baaoh, rlorida, in order that he ma, so exempt said property trom

h:ites.

Motion tor tho adoption ot the Resolution was made by Ooamiesioner Glover end unanimously

adopted,

The Board then proceeded to approve the retain oollllllissiona due the Assessor of Taxes, W,

R, Dunoan, from the verlous ond several special taxing districts within the County, for oommis

sions due tor assessing tile taxes end preparing the tex roll tor the year 1943 ea indioeted on

statements submitted by Mr. Dunoan, end the following statements having been audited, on motion

mode by Elbert Glover, seconded by Albert 0. Helseth and carried, were approved by the Boerj,

Name or District or Fund

County Maintenance

General School

iuay Bridge Di.strict

School District #1

School District #7

School District He and 9

Sobool Dletriot #11

School District #14

Sohool District #16

~ebastian Inlet District

Indian River Y.oaquito Control District

Meintenenoe

$ 402.'1!1

291.23

18.58

8.87

13.'74

1'1,27

69,14

9 , 6'1

11.64

23 ,78

53,17

Interest & Sinking

14.29

15,96

109.7?

14.86

Not&ry Publir. Bend of Bernice Meyer in the su~ of $500.00 with the !Aasseobusetts Bonding

end Ineur11nce Company, Boston lless .. chusetts, We$ a pp1•oved Septeir.ber 30, 1944, by Dou~les Boker,

Clerk .

The Boord proceeded to and did name end select tile following perHons es inspectors end

olarke over e~ection of tho various prdcincts to hold end oon~uct the genoral eleotion to be

held Tuesday, t-!ov embe r '1, 1944, to-wit:

Precinct Ne, l, Boselond

Ct1roline l(aifner, :.lay M6tthe•.s ond Mre. M. J. Jeffreys, Inspectors and L. ,.,shburner, Clerk.

Voting Plooe: Co~.munity Hell.

Precinct r•o. 2, Sebastian

Mr9. P, P. La~son, A Foster aml G. h, Brsddook, Inspectors end P. P. Lawson, Clerk, Voting

Place : Publio Hall,

Precinct No. 3, Webeaso

Minnie Michael, Helen J . Olson and Alma Jon as , Inspectors and J.P. Sibley, Clerk, Voting Plao~:

-Legion H6ll.

Precinct No. 4, Winter Reach

If, H. V/alker, c. ~- Fletcher and J, VI, Andrews, Inspeotore and J. A. Campbell, Clerk. Voting

Plaoe: X, o. Lisle•s Store •

Preoinot No , 5 A, Vero Beech

1Vil.11eia B. Sleeth, Bthel B. CUy and Abb1.e J. Wykoft, Jns_peotors end Warran T. Zeuoh, Clerk, j

Voting Plaoe: Cow.munity Building.

Precinct Ro. 5 B, Vero Baooh . Williams James, ti . E. Cherry and J, }feely NoCown, Inspectors end c ,

Place: Community.'.Bu1ld1ng,

O. Debenham,

! ' ! ',\

Clerk Votirg L~,~f · ·. , : : J<Yi0t

.!\i-J',f

,, ;

227

228

ACLTC File No: Customer Ref:

43080426 32-40-32-00006-0010-Q0028.0

Tiris report is issued to:

Treasure Coast Title Agency of Vero, Inc. 3375 20th Street, Suite 130

Vero Beach, FL 32960

Legal Description ofLand(s) Search:

Lots 28 and 29, Block 1, VERO BEACH ESTATES, according to the Plat thereof, as reeorded in Plat Book S, at Page 8, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida.

This is to certify that the Company did cause to be conducred a search of the Public Records of Indian River County, Florida, for the purpose of determining fee simple ownership of the above described land(s); and ·as a result of that search, the subject (or one or more of them, as indicated below) appears to have an interest (or a recently divested interest) in the subject parcel(s) of land, to wit:

• The City of Vero Beach, by virtue of Resolution recorded October 3, 1944 in Indian River County Commission M"mnte Book 3, at Page ISO.

Nothing contained herein shall be construed to (a) constitute an examination of title; (b) make any representation as to the insurability or marketability of title to any lands referenced herein; (c} imply any authenticicy or legal sufficiency of any instrument referred to herein; (d} represent that title is legally vested as referred to h~in; or ( e) make any representation as to- the existence or non-existence of mortgages, liens, judgments, or other encumbrances, as same were ignored for the purpose of this report.

OWN ( 43080426) Printed October 11, 2013 - Page 3

229

Certified to Treasure Coast Title Agency of Vero, Inc.

ATLANTIC COASTAL LAND TITLE COMPANY, LLC

\

ACLTC File No: Customer Ref:

43080426 32-40-32-00006-0010-00028.0

OWN (43080426) Printed October 11, 2013 • Page 4

· Authorized Signatory:

~~·-··---· i.ECCRO \/ERff'la> Jll'flllEY K. BAM'ON

CL£RK ClftCUIT COUIIT INOl.o\tf AtVEff CO .. FlA

Llt;IMI T9 CK:£ID'X MP XVB<>YI c;;own PllQPEBTX ~ 1

0 .. C. <I

e ~

ftIS LICIHSE TO OCCOPY AND I1tfROVB comrrr PROP'ER'l'Y

(this •Lic•na• Agre ... nt•) i• .. «• a• of the 11th day of Karch,

~992, by and blltlleen DmIM RIVD COUNTY, a polltioal &UMlvi•ion

of tb• State of Pl~ida, County Adillnistration Buildin9, 1140

25th str .. t, Varo hach, Plorida 32960-3394, hereinafter •county"

and SAJO>AB COMMUNICATIONS Lntt'l'Jm PARTNER.SHIP II, • Delaware

lilDited partnersbip, having a aailing address c/o Rocklan4

Investm•nta, Inc., 2201 Old court Road, Baltimore, Maryland

21201, bereinafter referred to as "Licenaee. •

WITNBSSETH

1. SUbjact Propm:tJt

'1'be County, in oonaidaration o~ the i:ovananta and

aqraeMnta ude herein, and upon tba conditions .. t forth below,

doe• hereby gnnt unto Licensee a non-exclusive lieen•• to occupy

and uae th• follcwing csescril>ecl real property, •ltuate 1n Indian

River county, norida, to wit,

See Exhibit "A"

a. bJ:Jll

Thia License Agreoment sball be for & tera of 20

years subject only to limitations aet forth below. Tbe date of

commenceJ11ent shall be the date tb• last party executes thi•

Lic911ae.

,. u11 of subject Property. I11proygent1

Licensee aball taJte the property in its present

condition and shall have the right to make only t:hose

improvoento necessary for use of the property by Licensee for

ingress, agreaa, parking, storawater management, signaqe and

landacapin9, in •••oclaticn with the current or planned

develop11ent of th• adjoining eatabliablllenta lying- illlllediately

south of tbe propert:y, and trir no other purpo••• Liceneee shall

use the pro~ only in a lawful Jlallner, •hall make improvements

thereto only in accordane• with all applicable _land development •

regulations ot any 9ovarn.in9 body having jurisdiction, an<! shall

be responsible for obtaining all necessary permits ancS approvals

-r c.,i. a,, N N · Q

· LO• ,-., . R: -t

I N

=::i;:

<;?· UI ~

C) ;;;,;, . C)

I.O

231

fro. nch a9cc1... xn addit.ion to &l\y appro,,a111 or l)er9ita

nquired by law, Licena .. •IIJT"• turthu- to aw.it plu• far all

propoaecl iaprOYaMnta to th• Public lloru Du.ctor of' DIC!ian

Rlvu- count.y for bl• approval prior to tieginninc, uy

conatruc:tion. Tba Pw>lic Worka Dtr.ctor &hall not wu-.aaonably

vitbhollS such apl)l"oval.. Lic.na- llhall bta reaponalbl• tor

relocating any \lt.il1ti•• loc:at-4 cm th• leaa.O pr .. la••• 1~ ncb

relocation ia nece• aary for th• construction of baproV9Ml'lt• ••

cont• -plated by thia License Agreaael\t. At the en4 of the ten.,

if thi• LJ.can»• Agreeaent ia not reneved by the partiea, or upon

earl.i• r tenination by eitl\er party under th• n4tXt paragraph,

Lic•na•• shall have th• right to re110ve any hiprov ... nt• it ha•

aade, provided it. reat.or•• tha • ubj•ct property to th•

approxi•t• QODdition arid grade tllti• t.ing at th• COIUMDC-•nt of

1:hia License Agr•••nt. Licana•• • hall not be corapenaated for

any improvements to the property which h• choona not to raove,

provided, Licen"• shall raain liable to th• COUbty for th• coat

of removing any "auch i111provement11, not inclw)in9 pav ... nt, • in

the event the county muat renove them in order for the County to

.. lte uae of the propell:'t:y. Licen1He •ball also restore daug• to

any adjacent public propartia• oacaaioned by its construction,

11aintenanca, or r111DOval of such improvuents.

4. Revocation of Lic•n••• Tenination1 Refund of Rental Paid

Whether or not Lic•nsee has .ade improveaent• to

• the property, t:hia License Agre• -nt shall be revocable upon the

delivery t:o Licensee of ninety day• advance written notice or

intent by the County to reoccupy the property tor the

inata.llation of public iiaprovements, th• use of Wblch would be

inconsi•tent with Licensee•• continued use. Upon revocation and

~eturn or posaession of the property, the eounty •hall ref\lnd all

rents paid by cas~ or check to the County bUt not earned for the

rtlDIAinder of tb• term, calc\llated on a daily pro-rated basia.

Licensee may terminate this Lic~nse Agreement at any ti• prio:i:

to the end of the ten upon giving thirty days advance written

231

.. notice to th• County .ncs ab.all be •t1Uecl ther.antt to • nf\m4

of ell nt\t• ~id by ca9b or check to county but 1m .. rnec1, on a

cleily pro-rat.a Hlli• , ucl without penal.ty tor -rly urainatlon..

In th• avut thi• Licea• Agn-.nt 1• t.-inatact by • ithU pll'ty

prior to th• explratior. Of the tera a• t forth herein. License•

aball not be elltitlecl to any r•tlmd for co•t• of capital

i•provnents -cs. pursuant to this Licen•• Agra .. ent wtticb nre

intended to be creclit• d toward rantal paya.nta.

5. rnsurans• J~dpntficatton Licensee agr ... to carry at hi••~•• lial:lility

in•urance to prot.ct th• intere11t• of both th• County and

Lic• na•• again• t 10• 11 or daaa9a by r•aaon of personal injury,

lo.• of life, or dnage to property, in uounta not l••• tluln

$100,ooo.oo for injuries to or cleath or any on• per•on, arid

$300,ooo.oo tor any one occurr• nce, and $50,000,00, tor duiag• a

to property. Said policy or policies vill b• atandard. owner•••

landlord'• amt tetiant•• polioie•, and will include th• County••

an additional insured. The original or a duplicate of auch

policy • ball b• made available to the county prior to uae of the

property hereunder. The county shall not be responaibl• for any

negligent. act or 011iaaion of the IJ.cenaee cm the property, ar in

connection vitb the buaineaa operated by License• adjac•nt

. th•r4rt.o, and Licensee shall indemnify, defend, and hold the

county harml.aaa from any claia11, judgmanta, li•ns, dam&9es,

liability, or uy cause o:f action whatsoever that 111ay arise out

of, or rea11lt :fro•, the illlprovmaent, oCCNpancy, or use of tbe

property by Lican•••·

6. %ABJl

Licen•~~ agrees to pay any and all real property

taxea Which may accrue a;ai.nllt the property during the ten of

thia License Agr• ement in the avel\t aaid pr~y i• determined

to be taxable due to it• proposed use.

, • EnttY by county county retain• the right to enter and inspect the

licensed preaiaes :for either compliance with the teinaa of this

- 3 -

.. -233

..

Llcen .. Agr..-Mllt or•• aa.y be n•~••HY to a.rvic• th• pibl1c

1-.prov.aenta lyin9 to th• ftOrtb of aUbjer:~ property.

e. O.t•ul~ Lien••• • .gr••• that 1n ~ •v.nt of any le9al

action on tbi• Lic:enH Agre .. ant for • jectaent, or to ~orce th•

cov.nant•• hereof, or tor any detault at all on th• pert of

Lic•naee, it• auccea• ors or a• aigna, and should th• eounty

prevail 1n 11Uch action, than License• shall pay all coat• and

expena .. of aucb aation, including r.aaonal:lle attom•ys' fHs.

9. AHim,ment,

!rhie Lic•na• Agr .. ment llball not be assignable by

Lic::en••• without the prior written approval of th• Board of

county com:ainionara of Indian River CoUnty, whieh con• ant llhall

not be unreaeonably v1tbhald. CO\U'ltY agre .. tbat Li~na.. ny

asai,;n it. rights heraul'MSer to Th• First National 8a.nk of

Maryland as security for a loan by • aid Bank to Licena... It b

autually agreed that each and every one of tbe covenants and.

agree11enta herein contained shall be extended to and be binding

upon the respeotive auci:•••ora, heira, legal representatives, and

•••ilJllB of th• partiH hereto; provided, Lic•ns" shall not be

relieved of bia liability hereunder unl•- such transfer luus

received approval by the county.

IN WJ:TliJESS wmame>P, the parties have heraunto set their

hands an4 seals on the day and year first abe>va written, in

dupliaate parta.

Signed, sealed and delivared in th• presence of i INDIAN lUVEll COONTY, l"LORIDA

JI\ML \CU\1571Xl1.Uf Nie, •• Ifft

234

~-

APPROVED AS TO FORK .AHD LEGAL surnCIBHCY:

8TATB OF l"LORIOA

COVRTY OF DDIAN RIVZR

SUDAB CXIINOIIXCA'HONS LDCITED PARTNDSHIP, U, a O.lawar• liai t•d partnerahip

By: Sandab eo-unicatiau, J• Inc.

~gt~ ..

The foregoing in•tnuaent was acknowl•dged before•• this :Ute.I day of JVC..t , 1992, by Ctt':f,t."/N ~ - E(;(;§~..,- , as the ~nsaJ\ of the Board ot county Co11n1 saioners of Indian River County, 7lorida, on behalf of the Boarcl ~ County Coaia• ionera of :Inell.an River COW\ty, Florida • .sBe [ls personally >cncwn t.o ••l [baa prodacecS ....::.===--- - identification], and he [c!id)[did not] take oath. -

J :\IMl \a.I \1S1'008,A'1 Na,,. tM .. 5 -

'·

l 135

. . . ..

BXHXBIT A

'l'be But 95.00 t .. t Of the South &a.00 fMt of t:h9 WHt l)0.00 f .. t ot that parcel of land aboln\ in a special Warranty Dead •• re~ad in otficl&l ~ord Book 83, pag• $03 of the PubU.a itacord• of In41an Riv•r county, Florilk, Min9 110n putioul•rly d-cribecl •• follovt1:

Coaaencing at the North.a.at. corner of Lot•• Block u, Highland ParJt Sul)diviaion, •• r-cordd in Plat Book 4, pap 64 of th• Public bc:orda of st. L\loie County, Florida; run south along th• bat 1>cunaary of Block 14, • diatanc• of 55,00 f••t to a point on th• south right-of-way Une for 16th street.;

thence,

thence,

thence,

theno•,

thence,

ran Eaat along said right-ot-vay line 135.00 feet to th• Point of Baginning1

continue Bast along aaid rigbt-ot-vay line 95.00 feet,

X'Ull North 62.00 feet;

%\QI Wast 95.00 feet;

run South 62.00 feet to the Point of Beginning.

Said pared c;,f land Uaa ill Section 1, 'l'ownahip 33 South, Range 39 East of Ii14lan River COWlty, Florida ancl contalrua o.14 acres, aor• ur 1 ....

236


OFFICE OF COUNTY ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

April 4, 2012

Mr. Jim Davis, Vice PresidenUGeneral Manager Treasure and Space Coast Radio 1235 16th Street Vero Beach, FL 32960

RE: Renewal of License to Occupy and Improve County Property Located at 1235 16th Street, Vero Beach, FL

Dear Mr. Davis:

County Staff has had the opportunity to discuss renewal of the twenty year license agreement for the county owned property located 1235 15th Street. After review of the license agreement, it appears that it is set to expire on August 25, 2012.

In considering renewing agreements similar to this license agreement, the Board of County Commissioners has sought consideration in the form of fair market rental value of the licensed pmperty. Our Public Works Director estimates that it would cost approximately $600 dollars to construct each parking space. Since there are fifteen spaces, total construction costs would be approximately $9,000. If you calculate an annual rate of 10% of the gross value of the improvements that rental rate would equal $900 per year ($75.00 month). Therefore the County staff would be willing to recommend renewal of the license agreement for an additional ten year period with an annual license fee of $900 per year effective August 25, 2012.

Should you have any questions concerning this matter, please do not hesitate to contact me.

Sincerely yours,

URI/, William K. DeBraal Deputy County Attorney

c: Chris Mora, Public Works Director

180127th Street, Vero Beach, Florida 32960-3365· (772) 226-1424· Fax (772) 569-4317 · [email protected] 237

93.7 THE BREEZE • 97.1 OCEAN FM • 99.7 JACK FM O NEWS RADIO 1490 WJTB

May 22, 2012

Mr. William K. DeBraal Deputy County Attorney Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960

Bill and Chris,

Thanks for taking the time to meet with me last week concerning the License to Occupy

concerning the front portion of our building on 16th Street. I'll look forward to meeting with the County Commissioners to discuss this matter in June.

As mentioned, we are not opposed to ensuring that the County received "fair value" for the usage of this easement. Ho»1ever, we would like to propose that this alliance continue as it has for 40 years with the radio group committing to promoting the good will of the community. The relationship with the County and the Radio Stations go back a long way and have continued to be a mutually beneficial partnership. As an example: Our Morning Magazine program with Bob Soos gives airtime each week to many of the County dignitaries including:

• County Administrator Joe Baird

• Current County Commission Chair - Gary Wheeler

c Daie Justice - Emergency Management Coordir,alor

• Diane Wilson - County Stormwater Education Coordinator

• Deryl Loar - IRC Sheriff • Mike Redstone - Rec Dept

As well as some "semi-regulars"(depending on specific issues):

• Jason BroVyn_ - Budge( Director .

• Cheryl Dunn ~ IRC Health Dep,1rtment .

• Rick Her_ren :-:-C~untyiurtie ~xpe~t · • Bob Keating - Community Development Director

• Phil Matson - M etro Planning Organization

238

• Erik Olson - Water and Sewer Director

• Alan Polakwich - County Attorney

• Leslie Swan - Supervisor of Elections

• Charles Voght - Environmental Health Director

• Brian Burkeen -Assistant Fire Chief

Additionally, since 1973, our weekly Public Affairs show entitled Community Focus has been hosted by Indian River Counties well known interviewer Marcia Littlejohn. Examples of the topics during the past few weeks have included:

• Economic Development .... Helene Caseltine

• Chamber of Commerce ... Penny Chandler

• Emergency Management .... Hurricane Preparation • SafeSpace, (Domestic Violence) • Senior Care/Housing etc ... {Home Instead, Inc)

• Theatre, (Community, Equity and Children's)

• Groups Supporting Haiti • Fitness for Elderly .... Gary Kitchell of Mind,Body & Sport

• Environmental learning Center • Nature Guides/Children's Programs • IR Charter School VAPA Program

• Sr. Resource Association

• Salvation Army • Treasure Coast Choral's benefit concert

• Childcare Resource Event • Youth Guidance Event

• Community Events held at VBPACenter • Cultural Council. ... Ted Bowers

• AARP ... "Grandparent Scams"

• Judy la fever ... " SHINE" ... (info re:Medicare/Medicade)

• IRC Garden Club and their Garden Fest • Sun-Up/ Homeless Family Center Merged

As mentioned, from time to time, the County has spent money to purchase advertising to promote issues at t axpayer expense. An example would be:

• Supervisor of Elections Leslie Swan recently aired an advertising schedule in the amount of $5,002 promoting early voting and changes in the polling districts.

• County Sheriff Deryl Loar recently aired and advertising schedule in the amount of $1,500 concerning the Sheriffs departments efforts to curb prescription drug abuse.

239

In 2004, our county was hit by the eyes of two hurricanes back to back. Our stud ios were destroyed and yet we kept broadcasting. Our radio stations banded together under adverse conditions to work hand in hand with loca l and federal authorities to meet the needs of our residents hurt by these storms. We went to an all news format to provide emergency information as requested by government authorities and as ca lled for under the circumstances. Radio "threw out the format book" during this time to help Floridians emerge from this challenge as strong communities who bonded together from this experience.

If there is a message we'd like to send it is the long-standing symbiotic collaboration the radio group has had with this area, and the commitment we have to promulgating good will and safety of the residents of our area. In order to do this, last year alone we aired the equivalent of over $250,000 in Public Service Announcements, many of which benefitted our home county of Indian River. We would propose that additionally instead of cash advertising expenditures that the County be allotted an amount equivalent to the easement rent at no cost to promote important messages as Ms. Swan and Mr. Loar have chosen to do.

We'll look forward to continuing our discussions on this matter with hopes that the County might see the value of the association in lieu of. a cash contribution.

Sincerely;

~ Jim Davis

Signed electronically: Sent via e-mail to avoid delay: Hard copy to follow.

240

BCCAGENDA April 12, 2016 ITEM 14.A (1)



TO: Members of the Board of County Commissioners

DATE: April 5, 2016

SUBJECT: Recycling Used Bikes

FROM: Commissioner Bob Solari

During the past year bicycle groups have become more active in Indian River county and have engaged in a number of positive activities that have been building the sport in Indian River County. At least one group has made it their mission to recycle, repair and redistribute bikes to many in our community who do not have one. Repairing and recycling bicycles seems to be a much better use of discarded bicycles than does selling them for scrap.

I wanted to see if the Board was interested in making it the policy of the County to make any bikes that the County collects available to vetted bike rehab groups for repair and redistribution.

I would suggest that any group accepted by the County for a rehab program be asked to submit a simple annual report noting :

1. The number of bikes taken in and recycled. 2. The weight of the bikes taken in and recycled (so we can get proper credit

for recycling from the state. 3. In broad terms, who received the bikes

Thank you.

241

TO:

DATE:

14.C.1 April 12, 2016




April 6, 2016

SUBJECT: Wabasso Corridor Plan Update

FROM: Wesley S. Davis Commissioner District 1

As per the discussions which took place during the Public Hearing at the April 5, 2016 Board of County Commission meeting regarding the rezoning request, residents brought to our attention the need to update the Wabasso Corridor Plan.

I kindly request your consideration in directing staff to review and update the Wabasso Corridor Plan and possibly reach out to those residents for specific concerns.

241



TO: Members of the Board of County Commissioners

DATE: April 6, 2016

April 12, 2016 ITEM 14.D~1

SUBJECT: Request the Board to consider "Going Orange" in September for Hunger Action Month.

FROM: Peter O'Bryan Q ~ Commissioner, District 4 "'\

Back up provided.

243

Peter D. O'Bryan

From: Sent:

Rhonda Blakey <[email protected]> Friday, April 01, 2016 10:46 AM

To: Peter D. O'Bryan Subject: Go Orange Attachments: GoOrangeCombined.pdf

Hi Peter,

Great to see you last night!

Every September, the IRC Board of County Commissioners recognizes us for Hunger Action Month, the national Feeding America campaign to raise awareness about the issue of hunger in local communities. One of the unique aspects, is the "go orange" component. Buildings throughout the Treasure Coast and Okeechobee light up orange for the entire month. TCFB promotes that partnership throughout the month of September with pictures on our robust social media platforms.

We would be thrilled to have your building light up this year. We can provide the orange gels and I have attached a document that goes into further detail, along with a participation form. If there is someone I should specifically contact, please let me know. I know this may seem early, but we would like to get an idea of who will be partnering with us so we can place the gel order.

Thanks so much for your consideration and your partnership!

Rhonda Blakey/ Director of Donor Relations [email protected]

Treasure Coast Food Bank Office: 772-489-3034 Ext. 11/ Fax: 772-489-5673 401 Angle Road, Fort Pierce, FL 34947

Have you met Kate?

1 244

GO ORANGE FOR HUNGER

One in six people on the Treasure Coast and Okeechobee face hunger. This September, we ask that you Go Orange for Hunger to raise aw areness of this critical issue. As individuals, charities, businesses and government, we all have a role to play in getting more food to people in need.

WHY GO ORANGE FOR HUNGER ACTION MONTH?

To celebrate Go Orange Day on September 1st and bring awareness of the issue of hunger in our community throughout September, buildings, landmarks and people across the country will go orange.

Hunger Action Month is our opportunity to be a part of a month-long movement that has a real and lasting impact on the mission to end hunger in America.

In 2015 more buildings, landmarks and people than ever before turned their lights orange, wore orange or went orange on social media in commemoration of Hunger Action Month

However you choos~i to participate, thank you for yoLJr commitment to end ing hunger in our communi ty! Please remember to sha re, post and tweet how you Go Orange for Hunger this September using 4~Unc;icrA~I onMoi,tt

[L)(~~iL.: \-1.:)LJnt'fJi=:r. i.: .r~v~-catr.). E Ip, Jt~~ -1N~·'J ;.,t~i) ~<~;', , ,/~·; ~ .. t i" ~ .·.::Gi··.: r: ;·1lF~~;J~~r.T .. j

YOU HAVE A ROLE TO PLAY Individuals and families, buildings, landmarks, businesses, schools, universities and restaurants can atl Go Orange for Hunger! Consider these great ideas:

Wear orange clothing on September 1st and ask co-workers, friends and families to jo in you. Take a group p hoto and t weet it to @FeedingAmerica and @TCFoodBank using l'!IHUo!)t'.r/1..t:t. Or!l'>!rm• h

Light your hom e o range fo r the month by purchasing orange light bulbs and replacing your outdoor or indoor lighting wi th them.

Ask the manager o f your office building, house of worship and comm unity landma rk if t hey can light up t he building in o range for the month, a week or just one day.

Cover lighting fixture with orange lighting filters, g els or c reate a visual d isplay using the Hunger Act io n Mont h Logo.

Tweet about ... H1.1.,g,1Ac · 011.r.ionlil and inc lude the color orange or the Hung er Action Month log o in your soc ial m edia profile photos during September.

j1 ;.~ ·: ~-" ·, -.:,.

~,.,....,.,.,,,.. AMERICA

245

LIGHT UP GE

'.,11✓, ~~· - -rREA$URE COAST

FOOD BANK ,.

I~ :-~·1£. t :•~M(;:' .......... AMERICA

Hunger is closer than you think. In fact. it's right here in our area. This September, during Hunger Action Month, we're reaching out for help in shedding some light on this critical issue.

• Light up your building during the month of September using orange lighting filters or gels.

• Educate your employees and building occupants on hunger and your support

• Go orange on your website & social med ia platforms

Ask employees to wear orange on certain days during the month

• Engage the media in your efforts to Light Up Orange

• Issue a press release to local media about how you will Light Up Orange

• Consider a press event. such as a lighting ceremony, to draw local media to your door

Just submit the attached form to flip the switch and be on your way to joining Light Up Orange!

Thank You!

r [ 1 I I I .I I_ II ! I l f. · U,o i 11 11 1

246

LIGHT UP E

Please fill out this form to participate in Light Up Orange. You can submit the form to [email protected] or fax it to 772-489-5673. Thank you!

............. ............................. .... ··· ··· ··············••········ ········· ·································· ···· ······ ········ ···· ······· ····· ······· BUSINESS NAME

.. ..................... ,,,,,,, ........ ···· ······ ······· ···· ···· ···· ··········· ·· ····· ·········· ······· ··· ········ ··························· ··· ······ ····· ··· ····· ···· ·" BUSINESS TYPE

........ .......... , .......................... ....... ....................... .......... ········ ················· .... .... ......... ..... ............ ............. ...... ....... .. CONTACT NAME CONTACT TITLE

························ ···················· ·········· ····· ··········· ··•·· ········· ········• ·· ········ ··· ·· ·· ··········· ·· ··•··········· ········• ·· ··· ··········· ···· ADDRESS

·················· ··············· ·········· ···· ········ ·········· ······ ············· ····· ··· ··· ······· ··· ··· ··· ·· ········ ······· ····· ...... ................. . . CITY STATE ZIP

·········· ·············· ·· ···· ·······················•··············· ·· ·············· ················· ···· ···· ········· ················· ·•··········· ·········· ···· ···· ······ T EL.EPHONE FAX

........... .... .... .. ......... ....... .... ... ....... ......... .......... ... ......... ..... ...... ......... ... ........... ... ··••····· ···· ··············· ··· .. ......... ........ . EMAIL

C MY BUILDING/LAN DMARK WILL LIGHT UP ORANGE ON THESE DATES

PARTICIPATION DESCRIPTION ........ . .... . ..... .... . ..... ................... .... . . . .. .. ... . . .. . .. . ......... ... . ..... ... ..... . .. . .. . ....... . ... . ...... .

···· ···· ············································ ····· ········ ········· ......... .. ........... .. ............. , .. ,, .. , ... .... ... ...... ...... ..... ... ............. ...... . .

• MY BUSINESS WOULD LIKE TO RECEIVE MORE INFORMATION ON WAYS TO HEL.P END HUNGER IN THE COMMUNITY

• MY BUSINESS WOULD LIKE MORE INFORMATION ON HOW TO OBTA.IN LIGHT UP ORANGETOOLS

....... ... ... ..................... ....... .. .. .. .. .. .... ......... .............. ....... .................. Sl(3NATURE DATE

247

Board of County Commission Minutes Page 1 March 8, 2016



REGULAR MEETING MINUTES


DISTRICT

Bob Solari, Chairman District 5 Present Joseph A. Baird, County Administrator Present Joseph E. Flescher, Vice Chairman District 2 Present Dylan Reingold, County Attorney Present Wesley S. Davis District 1 Present Jeffrey R. Smith, Clerk of the Circuit Present Peter D. O’Bryan District 4 Present Court and Comptroller Tim Zorc District 3 Present Terri Collins-Lister, Deputy Clerk Present DVD TIMES

PACKET PAGES

1. CALL TO ORDER 9:00 A.M.

2. INVOCATION



Commissioner Bob Solari


9:02 a.m.

ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner Zorc, the Board unanimously approved the Agenda as presented.


9:03 a.m.

A. Presentation of Proclamation Designating the Month of March, 2016, as March for Meals Month 1

Commissioner Davis read and presented the Proclamation to Karen

Deigl, President and CEO Senior Resource Association.



www.ircgov.com

TUESDAY, MARCH 8, 2016



None


A. 2016 Election of Transportation Disadvantaged Local Coordinating Board Vice Chairman (memorandum dated February 29, 2016) 2

Noted for the record was the election of William Parden as Vice Chairman to the Transportation Disadvantaged Local Coordinating Board (TDLCB) for the year 2016.

B. 2016 Election of Beach and Shore Preservation Advisory Committee Chair and Vice Chair (memorandum dated March 2, 2016) 3

Noted for the record was the election of Michael Ochsner as Chairman, and Mark Tripson as Vice Chairman, to the Beach and Shore Preservation Advisory Committee for the year 2016.

8.

9:11 a.m.

CONSENT AGENDA

ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously approved the Consent Agenda, pulling Item 8.F. for discussion.

A. Approval of Checks and Electronic Payments – February 19, 2016 to February 25, 2016 (memorandum dated February 25, 2016) 4-12

Approved the list of checks and electronic payments as supplied by the Comptroller’s office.

B. GHO Berkley Square Corp’s Request for Final Plat Approval for a Subdivision to be known as Berkley Square (memorandum dated February 29, 2016) 13-20

Granted final plat approval for Berkley Square, formerly known as Bella Sol Subdivision.

C. Change Order No. 1, Final Pay and Release of Retainage – Indian River County Public Shooting Range Skeet & Trap Facility Improvements (Phase I), Bid No. 2014026 (memorandum dated February 25, 2016) 21-33

Approved Change Order No. 1 and approval of Ag-Scape Services, Inc. Contractor’s Application for Payment No. 3, decreasing the contract amount by $8,967.71 for final contract total of $91,151.29.


D. Approval to Purchase Two Pumps from Watertronics (memorandum dated February 29, 2016) 34-37

(1) Ratified and approved the purchase of two pumps for Spoonbill Marsh under Purchase Order #74196-00 to Watertronics Technical Services; and (2) approved the use of Watertronics as the sole source manufacturer and authorized repair center for the pumps at the Spoonbill Marsh.

E. Request for Authorization to Submit an Application for 49 USC CH. 53, Section 5311 Transit Operating Assistance Funds for FY 2016/17 (memorandum dated February 26, 2016) 38-48

Approved Resolution 2016-020 authorizing the submission of a FY 2016/17 Grant Application for 49 USC CH. 53, Section 5311 Public Transit Operating Assistance.

9:11 a.m.

F. Extension of Agreement between Indian River County (IRC) and AT&T (memorandum dated February 24, 2016) 49-69

Commissioner Zorc sought information from Public Works Director Chris Mora regarding the no penalty, exiting provision in the AT&T contract, so when the County goes over to services such as Voice Over IP, the County could decrease the contract as other types of services come online. Public Works Director Chris Mora replied that the AT&T contract is for two (2) additional years with an opt-out clause at any point. ON MOTION by Commissioner Zorc, SECONDED by Vice Chairman Flescher, the Board unanimously approved the contract extensions agreement between Indian River County and AT&T to keep the price structure for these AT&T services from increasing.

G. Rejection of Bid 2016022 – Collection of Household Hazardous Waste and Electronic Waste (memorandum dated February 26, 2016) 70-71

Approved to reject all bids submitted in response to Invitation to Bid 2016022 and authorized staff to re-bid the services separately and with corrected estimated quantities.

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None

10. PUBLIC ITEMS



B. PUBLIC DISCUSSION ITEMS None

C. PUBLIC NOTICE ITEMS 9:14

a.m.

1. Notice of Scheduled Public Hearing April 5, 2016 County initiated request to amend the text of the Policy 5.7 of the Potable Water Sub-Element and Policy 5.8 of the Sanitary Sewer Sub-Element of the county’s comprehensive plan (Legislative) 72-73

County Attorney Dylan Reingold read the Notice into the record.

11. COUNTY ADMINISTRATOR MATTERS None


A. Community Development None


None

C. General Services

None

1. Human Services


None 3. Recreation

None

D. Human Resources

None



9:15 a.m.


1. Children’s Services – Funding Allocation for Fiscal Year

2016/2017 (memorandum dated March 1, 2016) 74-75

County Management and Budget Director Jason Brown presented the Children’s Services Funding Allocation for Fiscal Year (FY) 2016/2017. He said that for the current FY 2015/2016, the County approved a matching program where each dollar raised by the community would be matched dollar for dollar up to $200,000, in addition to the base funding amount of $651,965, resulting in a total County funding of $851,965. Director Brown provided four (4) alternatives for funding consideration and recommended Alternative 1 based on ongoing funding constraints of the County. Alternative 1 would provide funding for Children’s Services agencies in the amount of $698,255, an increase of 7.1% for the current year base funding level, in addition to a dollar for dollar match up to $200,000. The Board sought and received information from Director Brown. Chairman Solari opened the floor for public input. Hope Woodhouse, 199 Island Creek Drive, handed out a brochure, “Crisis for Indian River County Children’s Services”, (a copy on file in Clerk’s Office), an analysis on the amount of money spent per child on the Treasure Coast with Indian River County being at the lowest amount of $33 per child. She added that she was part of the Funders Forum of Indian River County, the group who had written the Commissioners urging them to allocate the full $1,051,965 to Children’s Services out of the FY 2016/2017 Budget without a match. She added that the Funders Forum of Indian River County, as a group, has raised over $1 million and currently allocated those funds to non-profits through their grant processes. The following spoke passionately on the needs in the Community for Children, expressed the importance of investing in children and asked the Board for their support of Alternative 4 funding for FY 2016/2017 in the amount of $1,051,965: Dr. David Griffin, 650 Lagoon Road, Vero Beach


Marlynn Scully, 771 Manatee Cove, Vero Beach A discussion ensued. Chairman Solari remarked on the comments made, mentioning that half of the taxes of Indian River County residents go to the education of the children and that was the purpose of the School Board taxes. Public Speakers continued providing input as follows: Judi Miller, 3225 S. Lakeview Circle, and CEO of Big Brothers and Big Sisters Kathie Cain, Executive Director of the IRC Healthy Start Coalition Kip Jacoby, 1816 Mooringline Drive, Vero Beach Susan Adams, 100 South Pine Street, Fellsmere and United Way of Indian River Board Chair Elect Larry Salustro, 1759 Coral Way N, Vero Beach Nick Schaus, 307 Sable Oak Drive, Vero Beach Crystal Bujol, 8 Vista Garden Trails, Vero Beach and Executive Director, The Gifford Florida Youth Orchestra Barbara Hammond, 4683 Pebble Bay Circle and CEO, Learning Alliance Dr. Fran Adams, 1651 Indian River Drive, Sebastian Freddie Woolfork, 4590 57th Avenue, Vero Beach Shannon Bowman, 66 34th Terrace, Vero Beach, and Executive Director with Childcare Resources Barbara Pearce, 1446 25th Street SW, Vero Beach Sabrina Sampson, 219 Stony Point Drive, Sebastian and Executive Director with the Children’s Home Society The Chairman called a recess at 10:50 a.m., and reconvened the meeting at 11:00 a.m., with all members present. Brad Bernauer, Indian River County Director of Human Services and Executive Director of Children’s Services


Bob McPartlan, Mayor of Sebastian and Administrator with the Department of Children and Families Cynthia Falardeau, Executive Director of The Education Foundation of Indian River County Carol Veeneman, 150 Lakeview Way, Vero Beach and Childcare Resources’ Board Member Dr. Mark J. Rendell, Superintendent for Indian River School District Michael Kint, Chief Executive Officer of the United Way of Indian River County Commissioner O’Bryan felt it was an essential service and an investment to fully fund the Children’s Services FY 2016/2017 Budget. MOTION WAS MADE by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher to approve Alternative 4 funding for Children’s Services for Fiscal Year 2016/2017 in the amount $1,051,965, as requested by the Indian River County Funder’s Forum, an increase of $200,000, or 23.5% from the current year amount including the $200,000 matching funds (or up $400,000 from the base funding level). Commissioner Davis felt it was appropriate to fully fund the Children’s Services. Vice Chairman Flescher wanted a cooperative effort and a shared responsibility with the Indian River School District in regards to Children’s Services funding. Commissioner Zorc wanted to see going forward, a set of reserve requirements established to sustain the programs in an event of an economic downturn or significant budget cuts. The Chairman CALLED THE QUESTION and by a 4-1 vote (Chairman Solari opposed), the motion carried. The Chairman called a recess at 11:30 a.m. and reconvened the meeting at 11:37 a.m., with all members present.

F. Public Works

None



11:37 a.m.

1. Septic to Sewer Update/Presentation

(memorandum dated February 29, 2016) 76-82

Utility Services Director Vincent Burke, joined by Mr. Richard Hicks, Florida Department of Environmental Protection, (FDEP) Ground Water Management Section; and Dr. Ming Ye, Department of Scientific Computing Florida State University, gave a Septic to Sewer Update/ Presentation. They reviewed in the presentation, the Ranking Matrix done in-house by the Indian River County Department of Utility Services, Groundwater Modeling and FDEP Wells Installations in the south part of Indian River County, and the ArcGIS-based Nitrogen Load Estimation Toolkit (ArcNLET), a numerical modeling toolkit. Director Burke stated there were two Sewer Feasibility Studies performed targeting different geographical areas in the unincorporated Indian River County. One study, “Summerplace” is located at County Road 510 and State Road A1A and the second study “North Sebastian Area”. He added that researchers were also studying the effects of Onsite Sewage Treatment and Disposal Systems (OSTDS aka Septic Tank) nutrient loadings as a potential contributor of harmful algal blooms in the Indian River Lagoon, confirming high levels of Nitrogen in the groundwater and surface water due to human waste. Mr. Hicks went over a software tool called the ArcNLET model that looks at the actual nitrogen load seepage into ground water and from that groundwater seepage into surface water whether it’s a canal or the lagoon. Dr. Ming Ye detailed on how the ArcNLET software could detect the nitrogen loading to each individual water body. Mr. Hicks indicated that monitor wells were installed at areas of the County that could be potentially higher in nitrogen concentrations and associate them to areas of lower nitrogen concentrations in order to tweak the model. The Board sought and received information from Mr. Hicks and Dr. Ming Ye on the FDEP Calibration Work, of which the County had been assisting them in the monitoring of the wells. The Chairman called a recess at 12:35 p.m., and reconvened the meeting at 12:44 p.m., with all members present.


Sam San Miguel, 2250 Southwinds Blvd., Vero Beach, Representative of the Lagoon Committee of the Indian River Neighborhood Association, complimented Director Burke on behalf of the committee for one of the most concise, brief and informative reports he had ever read. Also, he complimented the Board for their interest and grasp of the details. Judy Orcutt, 4665 Pebble Bay, Vero Beach, sought information and clarification from Mr. Hicks in regards to ammonium contained in the septic tanks. A discussion ensued on a high water table and ammonium. Chery Dunn, IRC Department of Health, mentioned that if you have a high water table, what comes out of the septic tank, would go into the water table.

13. COUNTY ATTORNEY MATTERS None



None


None


1:20 p.m.

1. Lakewood Village Mobile Home Park

(memorandum dated March 2, 2016) 83-85

Commissioner Davis requested consideration in amending the Land Development Regulation (LDR) designation to allow Recreational Vehicles in 25% of Mobile Home Park (MHP) spaces that existed prior to January 1, 2010, which are either less than 20 acres in size or are located adjacent to Interstate 95. He stated the residents of the Lakewood Village are prohibited by County Ordinance to allow for 25% of recreational vehicles (RV’s) in the MHP spaces because of the size. He mentioned what made the Lakewood Village MHP different than the other MHP’s was that it was resident owned. He added the Lakewood Village MHP had several vacant sites, which was problematic because of the following: 1) hard to find manufactured homes to


fit those sites; and 2) they are paying the water and sewer based capacity charges on vacant sites. He added the Lakewood Village MHP felt allowing RV’s would be an opportunity to generate income. MOTION WAS MADE by Commissioner Davis, SECONDED by Chairman Solari, to direct staff to amend the Land Development Regulation designation to allow recreational vehicles in 25% of Mobile Home Park spaces that existed prior to January 1, 2010, which are either less than 20 acres in size, or located adjacent to Interstate 95. John Gallagher, 1455 90th Avenue, Vero Beach, felt allowing RV’s would only be voting to benefit Lakewood Village MHP, as well as the local businesses. A discussion ensued and Chairman Solari emphasized that the Board would be voting only to give direction to staff to begin a process of amending the LDR’s. Commissioner O’Bryan wanted a measurable word other than the word “adjacent to Interstate 95”, such as within “a quarter mile of Interstate 95”. Tamara Lewis, Resident and Employee at Lakewood Village MHP stressed that the MHP wanted to draw more people into the park to avoid raising the rates. She was encouraged and hopeful that the Board would support the MHP in this opportunity to advance the whole community. Community Development Director Stan Boling explained the LDR process and requested to communicate with the other residents at the other MHP who may have a concern allowing RV’s. Daniel Thompson, 1455 90th Avenue, stated that the Lakewood Village MHP was a business and therefore had to generate income in order to be successful. He added that designating spaces for RV’s would generate income, keep the fees low, and improve the MHP for the future. Vice Chairman Flescher expressed his concerns and felt it was similar to the vacation rentals. John Leithelm, 1455 90th Avenue, was unsure regarding the plans for the MHP, but does not want to live in a campground. He felt it would be possible to live next to a RV community and was willing to communicate with Lakewood Village MHP and


its residents regarding the matter. Margaret Bradford, 1455 90th Avenue, stated that after the hurricanes, the Federal Emergency Management Agency, placed approximately 100 units in the south side of the MHP and there were no issues. Vice Chairman Flescher stated he would be more supportive knowing he had the consensus and support of the MHP community. The Chairman CALLED THE QUESTION, and by a 4-1 vote (Vice Chairman Flescher opposed), the motion carried.


1:03 p.m.

1. Budget Proposal for Septic to Sewer Conversion Projects


Clerk’s Note: This Item was heard in conjunction with Item 12.G.1. and is placed here for continuity. Commissioner O’Bryan requested approval from the Board to give direction to IRC Utilities staff to put together a budget proposal for FY 2016/2017 to develop a countywide priority list for septic to sewer conversion projects. He said this would be an expansion of what has been done to date factoring in the information from the ArcNLET. He broke down his goal in four phases as detailed in the agenda backup. MOTION WAS MADE by Commissioner O’Bryan, SECONDED by Commissioner Zorc, to direct staff to propose a budget for Fiscal Year 2016/2017 to develop a countywide priority list for septic to sewer conversion projects. A discussion ensued and the Board emphasized staff’s consideration of all factors including financing, the economic component, a cost benefit analysis and the environmental impact that they deemed relevant to create the best septic to sewer conversion projects priority list. Carter Taylor, 2235 Silver Sands Court, on the Executive Committee of the Indian River Neighborhood Association and the South Beach Property Owners Association, advocated for the Septic and Sewer Conversion Projects and discussed the importance of fund planning. The Chairman CALLED THE QUESTION and the Motion carried unanimously.



None



None

15.

1:51 p.m.

SPECIAL DISTRICTS AND BOARDS

The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are available separately.


1. Request Approval for a Residential Paper Shredding Event and Request to participate in the Green Market at the IRC Mall on April 2, 2016 (memorandum dated February 29, 2016) 88-98


None

16. ADJOURNMENT

There being no further business, the Chairman declared the meeting adjourned at 2:02 p.m. ATTEST:

________________________________ _______________________________

Jeffrey R. Smith, CPA, CGFO, CGMA Bob Solari, Chairman Clerk of Circuit Court and Comptroller

By: _____________________________ Approved: Deputy Clerk BCC/TCL/2016Minutes

BoardofCountyCommissionMeeting Page1March15,2016




DISTRICT

Bob Solari, Chairman District 5 Present Joseph A. Baird, County Administrator Present Joseph E. Flescher, Vice Chairman District 2 Present Dylan Reingold, County Attorney Present Wesley S. Davis District 1 Present Jeffrey R. Smith, Clerk of the Circuit Present Peter D. O’Bryan District 4 Present Court and Comptroller Tim Zorc District 3 Present Maureen Gelfo, Deputy Clerk Present

DVD TIMES

PACKET PAGES

1. CALL TO ORDER 9:00 A.M.

2. INVOCATION

Reverend Scott Alexander, Unitarian Universalist Fellowship of Vero Beach




9:01 a.m.

Move: Items 14.B.1. and 14.D.1. to be heard in conjunction with Item 10.B.1. ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner O’Bryan, the Board unanimously approved the agenda as amended.


9:02 a.m.

A. Presentation of Proclamation Designating March 20 Through March 26, 2016 as Florida Surveyors and Mappers Week

1

Commissioner Davis read and presented the Proclamation to the surveyors and mappers, who were in attendance. Assistant County Surveyor David Silon spoke on the role of surveying/mapping on the development of the infrastructure and in construction.



www.ircgov.com

REGULAR MEETING MINUTES

TUESDAY, MARCH 15, 2016


9:08 a.m.

B. Presentation of Proclamation Recognizing March 22 Through April 3, 2016 as Save the St. Johns River Tour Campaign

2 Chairman Solari read and presented the Proclamation to Lisa Rinaman,

St. Johns Riverkeeper, who distributed a packet of information on the “Save the St. Johns Campaign for a Healthy River.” The St. Johns River Tour commences on March 22, 2016 from Blue Cypress Lake and concludes on April 3, 2016 in Jacksonville, Florida.

9:17 a.m.

C. Presentation of Proclamation Designating April 15, 2016 as Jackie Robinson Day

3 Commissioner O’Bryan read and presented the Proclamation to United

Way’s Chair Elect Susan Adams, and CEO Michael Kint. Mr. Kint announced that the third annual Jackie Robinson Celebration game will take place in Holman Stadium on April 15, 2016.

9:25 a.m.

D. Presentation on Indian River Twisted Tail BBQ Cook-off event to Benefit the Vero Beach Rotary Charities Foundation by Russell Twiss, Event Chairman, Rotary Club of Vero Beach ----

Russell Twiss, Event Chairman, announced that the Indian River Twisted Tail BBQ Cook-off will be held at the Indian River County Fairgrounds on Friday, April 1, 2016 from 5:00 p.m. to 10:00 p.m., and on Saturday, April 2, 2016 from 10:00 a.m. to 5:00 p.m. Daniel Fourmont, Volunteer Event Chairman, encouraged the Commissioners to participate in the event.

9:31 a.m.

E. Presentation on Veterans Golf League and American Security Council Foundation 2016 Heroes Appreciation Golf Tournament by Gary James, Director of Operations, American Security Council Foundation ----

Gary James, Director of Operations American Security Council Foundation, announced that the 2016 Heroes Appreciation Golf Tournament will take place on April 16, 2016 at Bent Pine Golf Club, beginning at 1:30 p.m.

9:37 a.m.

F. Presentation to United Way of Indian River County by Amy Boyson, Community Affairs Manager, Waste Management Inc.

----

Amy Boyson, Community Affairs Manager for Waste Management, presented a check for $25,000 to the United Way of Indian River County. Michael Kint and other representatives accepted the check on behalf of United Way.



9:42 a.m.

A. Regular Meeting of February 16, 2016

ON MOTION by Commissioner O’Bryan, SECONDED by

Commissioner Zorc, the Board unanimously approved the Regular Meeting Minutes of February 16, 2016, as written.


9:42 a.m.

A. Community Dune Planting Event at Treasure Shores Beach Park and Tracking Station Beach Park on March 19, 2016 from 8:30 AM to Noon (memorandum dated March 7, 2016) 4

Chairman Solari announced that 20,000 sea oat plants will be planted on Saturday, March 19, 2016. County Coastal Engineer James Gray commented that Saturday’s event would help educate the public on the benefits and need to maintain dune vegetation.

8. CONSENT AGENDA

9:44 a.m.

ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner O’Bryan, the Board unanimously approved the Consent Agenda, pulling Item 8.E. for discussion.

A. Approval of Checks and Electronic Payments February 26, 2016 to March 3, 2016 (memorandum dated March 3, 2016) 5-11

Approved the list of checks and electronic payments as supplied by the Comptroller’s office.

B. Old Dixie Highway Resurfacing (71st Street to CR 510), Work Order No. 2, Dunkelberger Engineering and Testing, Inc. (memorandum dated March 2, 2016) 12-21

Approved and authorized the Chairman to execute on the Board’s behalf, Work Order No. 2 to Dunkelberger Engineering and Testing, Inc., authorizing the professional services as outlined in Proposal No. PHB161007, for a not-to-exceed amount of $37,860.00.

C. 1st Street SW / 43rd Avenue Intersection Improvements Work Order No. 2, Ardaman and Associates, Inc. (memorandum dated March 2, 2016) 22-27


Approved and authorized the Chairman to execute on the Board’s behalf, Work Order No. 2 to Ardaman and Associates, Inc., authorizing the professional services as outlined in Proposal File No. 16-4147, for a not-to-exceed amount of $38,610.00.

D. Children’s Services Advisory Committee’s Recommendation RFP # 2016030 new Focus Areas for 2016-17 and sample agency contract to be used (memorandum dated March 14, 2016) 28-96

Accepted the Request For Proposal (RFP) No. 2016030 for 2016-17 and the Agency Contract as submitted, and authorized the Chairman to execute the individual contracts.

9:44 a.m.

E. Request for Use of Holman Stadium for Annual Sawbones vs. Jawbones Event to be held May 14, 2016 (memorandum dated March 3, 2016) 97-109

Deputy County Attorney Bill DeBraal stated that all proceeds from the softball game will go to the United Way of Indian River County. ON MOTION by Commissioner O’Byran, SECONDED by Vice Chairman Flescher, the Board unanimously approved and authorized the Chairman to execute, the Holman Stadium Use Agreement with the Indian River County Bar Association, Inc., with the requested waiver of the standard security deposit.

F. Adoption of Revised Purchasing Manual (memorandum dated March 7, 2016) 110-149

Noted by the Board was its concurrence with the proposed changes to the Indian River County Board of County Commissioner Purchasing Manual.

G. Request for Authorization to Advertise for a Request for Qualifications (RFQ) for Housing Inspection Services (memorandum dated March 3, 2016) 150-164

Authorized the Community Development Director or his designee to coordinate with the Purchasing Division and the County Attorney’s Office to advertise for the housing inspection services Request For Qualifications (RFQ).

H. Thomas and Phen Kennedy’s Request for Partial Release of an Easement at 271 11th Avenue (Indian River Heights Subdivision Unit 7) (memorandum dated March 7, 2016) 165-171

Approved Resolution 2016-021, releasing a portion of an easement on Lot 10, Block G, Indian River Heights Subdivision Unit 7.

I. Miscellaneous Budget Amendment 014 (memorandum dated March 8, 2016) 172-179


Approved Resolution 2016-022, amending the Fiscal Year 2015-2016 budget.

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

9:47 a.m.

A. Indian River County Sheriff Deryl Loar Request to Use Proceeds from Public Auction of Surplus Property and Vehicles to acquire new like-kind property within the current fiscal year (letter dated March 4, 2016) 180

ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner Zorc, the Board unanimously authorized the Sheriff’s Office to expend the $79,075.75 netted in proceeds from a public auction of surplus property and vehicles to be used to acquire new like-kind property within the current Fiscal Year, pursuant to Chapter 274, Florida Statutes.

10. PUBLIC ITEMS


B. PUBLIC DISCUSSION ITEMS

(As a general rule, public discussion items should be limited to matters on which the commission may take action.)

9:47 a.m.

1. Request to Speak by Reverend Scott W. Alexander Regarding

Martin Luther King Holiday as an Official County Holiday 181

Reverend Scott W. Alexander, Unitarian Universalist Fellowship of Vero Beach, Florida, addressed the Board on behalf of Pastor Jack Diehl, Our Savior Lutheran Church, and other civic/religious leaders who were in attendance (and some who were not present). The group requested that the County recognize and observe Martin Luther King, Jr. Day as an official paid County holiday, starting on January 16, 2017. (Clerk’s Note: Please see Item 14.B.1. for further discussion and Board action on this matter).

C. PUBLIC NOTICE ITEMS None

11. COUNTY ADMINISTRATOR MATTERS None



A. Community Development None


None

C. General Services

10:01 a.m.

1. Request for Approval of Revised Fairgrounds Policy and Template Festival License Agreement (memorandum dated March 8, 2016) 182-227

Assistant County Administrator Michael Zito, through a PowerPoint Presentation, updated the Board on operations and events at the Indian River County Fairgrounds. He also provided an overview of the new Fairgrounds Policy Manual, which was specifically developed to govern the operations and fee schedule of the venue. Commissioner Davis asked about the possibility of the County purchasing blanket insurance coverage for the Fairgrounds, with the event maker paying his or her portion of the policy. Staff explained why the event maker needs to procure his/her own insurance. Management and Budget Director Jason Brown noted that certain parties may qualify for the County’s Tenants’ and Users’ Liability Insurance Policy (TULIP). Further discussion ensued with regards to requirements for events at which alcohol is served. Chairman Solari wanted staff to follow up with persons who rent the Fairgrounds, to ascertain whether any changes need to be made to the Fairgrounds Policy. County Administrator Joseph Baird stated that surveys would be issued following Fairground rentals. (Clerk’s Note: At this time, the Chairman announced that Assistant County Administrator Zito’s presentation would continue following the Attorney-Client Session at 10:30 a.m. At 10:58 a.m., discussion resumed on this item)


Assistant Administrator Zito reviewed the Fairgrounds alcohol permit fees for three groups: Private; For Private; and Nonprofit. He noted that the proceeds go into the Fairgrounds Improvement Fund. Commissioner O’Bryan deemed that the $500 alcohol permit fee for private entities was too high. Staff provided input on how the rates were structured.

ON MOTION by Commissioner O’Bryan, SECONDED by Chairman Solari, the Board unanimously approved the $400 Fairgrounds Alcohol Permit Fee for private parties who rent the Fairgrounds. Discussion continued with regards to rentals of the acreage (parking area) outlying the Fairgrounds. MOTION WAS MADE by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, to approve the Fairgrounds Policy Manual including the template License Agreement, and direct staff to return to the Board with an updated fee structure and any recommended policy revisions, within six (6) months. County Conservation Lands Manager Beth Powell addressed the Board’s questions about safety measures and Fairgrounds promotion. The Chairman CALLED THE QUESTION and the Motion carried unanimously.

11:24 a.m.

2. Request for Approval of “Rocktoberfest” Festival License Agreement for Use of the Indian River County Fairgrounds with Clarification of the IRC Code Subsection 205.08(3) (memorandum dated March 8, 2016) 228-242

Assistant Administrator Michael Zito gave a PowerPoint Presentation on the proposed Rocktoberfest Festival, which will be produced by Fully Involved Event Productions, LLC. He disclosed that the event will feature music and festivities over a 3-day period, and is proposed to be held on October 21, 2016, from 3:00 p.m. to 11:00 p.m.; October 22, 2016 from 10:00 a.m. to 11:00 p.m., and October 23, 2016, from 10:00 a.m. to 10:00 p.m. Mr. Zito pointed out that Subsection 205.08(3) of County Code (the Ordinance) mandates that a festival cannot continue for more than one eight-hour period without a twenty-four hour rest period before resuming.


Administrator Baird and Assistant Administrator Zito advocated for an amendment to the Ordinance. Discussion ensued regarding the need to include in the Code, a concise definition of “festival;” licensing requirements for festivals held in residential areas versus festivals held at the Fairgrounds; whether festival permitting should be granted through administrative approval or by the Board; and the possibility of amending Section 205.08 or any subsection thereof. MOTION WAS MADE by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, to approve the Indian River County Fairgrounds License Agreement with Fully Involved Event Productions, LLC, for the Vero Beach Rocktoberfest, with the understanding that Subsection 205.08(3) of County Code will be waived, if necessary, to allow said festival to take place in October 2016; and to direct the County Attorney/staff to report back to the Board with any recommendations on festival policies.

Wayne Howard, Rocktoberfest Organizer, testified that the terms of the County’s Fairgrounds License Agreement were agreeable to Fully Involved Event Productions, LLC. Assistant Administrator Zito acknowledged that staff would be returning to the Board with recommended revisions to festival policy, as well as an updated fee structure. The Chairman CALLED THE QUESTION and the Motion carried unanimously.

1. Human Services


None 3. Recreation

11:46 a.m.

a. Intergenerational Recreation Center Operational Plan (memorandum dated March 7, 2016) 243-263

Assistant Administrator Zito presented a PowerPoint overview of the newly constructed Intergenerational Recreation Center (IG Center), located at the Richard


N. “Dick” Bird South County Regional Park. He stated that the IG Center will be the County’s largest indoor facility, and that it houses two full-size basketball courts, game, activity, and multipurpose rooms. He stated that the County will need to hire a venue manager, business support specialist, recreation leader, and maintenance worker, to facilitate the IG Center’s schedule. Assistant Administrator Zito disclosed that the center will receive its Certificate of Occupancy by June 23, 2016, and that a date for the Grand Opening has not yet been selected. Throughout Assistant Administrator Zito’s presentation, individual Board Members posed questions and offered comments/suggestions on the IG Center. Assistant Administrator Zito advised that staff would be placing a policy manual for the IG Center on a future County Commission Agenda. ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously approved of the Intergenerational Recreation Center Operational Plan.

The Chairman called a recess at 12:06 p.m., and reconvened the meeting at 12:31 p.m., with all members present.

D. Human Resources

None


None

F. Public Works

12:31 p.m.

1. 51st Avenue Petition Millings Project (65th Street to 67th Street) Resolutions to provide funds and set a Public Hearing (memorandum dated February 18, 2016) 264-275


Public Works Director Chris Mora presented a description and conditions on the petition millings project on 51st Avenue requested by 74.04% of the property owners of the Winter Beach Highlands Subdivision. He asked the Board to approve the Resolutions providing for the millings installation and setting a time and place for the Public Hearing to determine the advisability of proceeding with the proposed project. Commissioner Davis expressed concerns about the paving assessment for an individual property owner who owns multiple lots; however, he stated he would move this item forward for the public hearing. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Flescher, the Board unanimously approved Resolution 2016-023, providing for certain asphalt milling improvements to 51st Avenue between 65th Street and 67th Street in the Winter Beach Highlands Subdivision and 2 parcels immediately south and abutting 51st Avenue, providing the total estimated cost, method of payment of assessments, number of annual installments, and legal description of the area specifically benefited. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2016-024, setting a time and place at which the owners of property on 51st Avenue in the Winter Beach Highlands Subdivision and 2 parcels immediately south and abutting 51st Avenue and other interested persons may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making asphalt milling improvements to said property, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specifically assessed against each property benefited thereby.


None


13. COUNTY ATTORNEY MATTERS PAGE

10:30 a.m.

A. Attorney-Client Session Time Certain 10:30 a.m. Indian River County vs. Turner Construction Company, et al., pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 31 2011 CA 002999 (memorandum dated March 2, 2016) 276

The Chairman read into the record the opening remarks of the Executive Session requested for 10:30 a.m. Those in attendance were Commissioners Wesley S. Davis, Joseph E. Flescher, Peter D. O’Bryan, Bob Solari, and Tim Zorc. Also present were County Attorney Dylan Reingold; outside counsel Casey Walker and Wil Murphy, Murphy & Walker; County Administrator Joseph Baird; and Court Reporter Gregory Campbell. The Board reconvened in the Chambers at 10:58 a.m., and the Chairman closed the Executive Session. The County Commission meeting resumed with Item 12.C.1.

12:36 p.m.

B. Necessity of Take Resolution for a parcel of property located on the south side of 53rd Street west of Old Dixie Highway (memorandum dated March 8, 2016) 277-283

Deputy County Attorney William DeBraal stated that the Temporary Construction Easement (TCE) acquired by the County during the construction of 53rd Street, west of Old Dixie Highway, was found to have been covered with permanent fill material to support the road. He conveyed that the owner of said parcel, the Estate of William and Carlyne Jenkins (Jenkins) has filed an inverse condemnation suit against the County for placing fill material on their property. Attorney DeBraal asked the Board to approve the Resolution of Necessity giving outside eminent domain counsel Bill Doney, Esq., the authority to file suit in the County’s name for a Permanent Slope Easement on, over and under the TCE parcel. Several Board Members expressed a preference to acquire the easement through a means other than Eminent Domain. In response to the Board’s concerns, staff provided additional information on staff’s recommendation for approval of the Necessity of Take Resolution. County Attorney Dylan Reingold provided further input on the Jenkins’s filing of an inverse condemnation lawsuit and staff’s request to institute eminent domain proceedings.


Attorney DeBraal advised that staff would report back to the Board after a firm offer (based on a pending appraisal) to the Jenkins Estate is made. At that time, the County would either proceed to settlement negotiations or follow through with mediation. ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner O’Bryan, the Board unanimously approved Resolution 2016-025, declaring a reasonable necessity to acquire a permanent slope easement on, under and over certain real property for the public purposes of improving and constructing 53rd Street, including side street, intersection, sidewalk and water retention pond improvements; authorizing the County Attorney to acquire a permanent slope easement in and to the property legally described on attached Exhibit “A” by the institution of proceedings in eminent domain, and providing an effective date.



None


9:50 a.m.

1. Official Holiday Discussion


(Clerk’s Note: This item was heard in conjunction with Item 10.B.1. and is placed here for continuity). Vice Chairman Flescher advocated for the County to recognize Martin Luther King, Jr. Day as an official dedicated holiday. MOTION WAS MADE by Vice Chairman Flescher, SECONDED by Commissioner O’Bryan, to direct staff to: (1) include funding in the 2016-2017 Fiscal Year Budget for County employees to be granted Martin Luther King, Jr. Day as a paid holiday; and (2) discuss the new holiday with all the bargaining unit employees. John O’Connor, President, International Association of Firefighters (IAFF), Local 2201, acknowledged that the Martin Luther King, Jr. Day holiday would be incorporated into the Collective Bargaining Unit agreement.


The following speakers voiced appreciation and support for the inclusion of Martin Luther King, Jr. Day as an official County holiday:

Wilford Hart, 617 19th Place SW, Vice President Martin Luther King Birthday Committee

Freddy Woolfork, 4590 57th Avenue Chairman Solari recognized audience member Victor Hart on his work in the Gifford community. The Chairman CALLED THE QUESTION and the Motion carried unanimously.


None


1. Consideration of Martin Luther King, Jr. Day as a Formal Holiday (memorandum dated March 7, 2016) 286-288

(Clerk’s Note: This item was discussed and resolved with action taken under Item 14.B.1.)


12:50 p.m.

1. Community Residential Homes (Group Homes)


Commissioner Zorc relayed that residents of Glendale Lakes are concerned about a planned Community Residential Home (Group Home) that is moving into their subdivision. He stated that more of these types of facilities are being operated locally, and that since licensing is handled by the State, the local government does not participate in the screening process. He reported that the County has been unable to secure a complete list of Group Homes in the community, and that one Group Home (not mentioned on the list he obtained), had an excessive amount of 9-1-1 calls that were unrelated to fire and ambulance services. Commissioner Zorc suggested that Representative Debbie Mayfield be contacted for assistance in procuring more information from the State.


Community Development Director Stan Boling stated that he had tried unsuccessfully to obtain a list of local Group Homes from the State of Florida’s Agency for Persons with Disabilities (APD). He pointed out that although the State is responsible for licensing, the small Group Homes must still comply with the County Building Code. Scott McAdam, Building Official, discussed the County’s basic requirements for Group Homes. Tim Askew, homeowner at Glendale Lakes, voiced concerns about the prospective Group Home that is being planned for his neighborhood, and stated that the owner must have business insurance. The Board CONSENSUS was to direct staff to: (1) request that Representative Debbie Mayfield help the County obtain a current list of all Community Residential Homes in the County; (2) review the list to check for compliance with the Building Code; and (3) ensure that the County receives notifications of new Group Homes.

Commissioner Zorc stated that he would keep the residents of Glendale Lakes informed on the status of the Group Home that is coming to their community.

1:12 p.m.

2. County Owned Surplus Property

(memorandum dated March 8, 2016) 295

Commissioner Zorc initiated a discussion on five (5) properties that are owned by the County and may no longer be needed. He described the locations of the parcels, and requested that staff determine whether the properties should be designated as surplus and sold, or whether any should be retained. Discussion ensued among the Board and staff regarding the locations of the properties; the possibility that the City of Vero Beach or the Town of Indian River Shores may have an interest in a property; and how any proceeds from sales should be spent.


The Board CONSENSUS was for staff to conduct an assessment and report back to the Board within 30 days on the three (3) parcels (parking lots fronting the Heaven Sent Thrift Shoppe and the radio station) that the County owns on 17th Street near Old Dixie Highway and the railroad tracks; the parking lot parcel adjacent to Seacoast Bank on Ocean Drive; and the triangle-shaped parcel (and possible proximate property) north of CVS Pharmacy and Tracking Station Beach Park in Indian River Shores. Vice Chairman Flescher asked staff to consider whether the County might have a potential use for any of the subject properties, such as using them to stage equipment.



None


None



None

16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 1:23 p.m. ATTEST:

________________________________ ________________________________ Jeffrey R. Smith, CPA, CGFO, CGMA Bob Solari, Chairman Clerk of Circuit Court and Comptroller

By: _____________________________ Approved: _______________________

BCC/MG/2016Minutes

Documents

· April 12, 2016 Page 1 of 7 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District