Indian River County Board of County Commissioners Meeting ...ikon office solutions chisholm corp of...

December 20, 2011 of 6

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

Gary C. Wheeler, Chairman District 3 Joseph A. Baird, County AdministratorPeter D. O’Bryan, Vice Chairman District 4 Alan S. Polackwich, Sr., County AttorneyWesley S. Davis District 1 Jeffrey K. Barton, Clerk to the BoardJoseph E. Flescher District 2 Bob Solari District 5

1. CALL TO ORDER 9:00 A.M. PAGE

2. INVOCATION

Commissioner Wesley S. Davis

3. PLEDGE OF ALLEGIANCE

Commissioner Gary C. Wheeler, Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

5. PROCLAMATIONS and PRESENTATIONS

A. Presentation by Michael Kint, Chief Executive Officer, United Way of Indian River County, Regarding Indian River County Mental Health Symposium, Friday, January 6th, 2012 1

B. Update on Sebastian Inlet District Projects and Sand Bypass Strategies by Marty Smithson, Administrator, Sebastian Inlet District

County Commission Chamber Indian River County Administration Complex

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

www.ircgov.com

TUESDAY, DECEMBER 20, 2011 - 9:00 A.M.


6. APPROVAL OF MINUTES PAGE

A. Regular Meeting of October 11, 2011

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

A. 2011 Election of Chairman and Vice-Chairman for the Construction Board of Adjustments & Appeals (memorandum dated December 14, 2011) 2

8. CONSENT AGENDA

A. Approval of Warrants and Wires – December 2, 2011 to December 8, 2011

(memorandum dated December 8, 2011) 3-10 B. Authorization to Attend Government Finance Officers Association Annual

Conference (memorandum dated December 13, 2011) 11-15

C. Acceptance of Donation of Land for Conservation

(memorandum dated December 12, 2011) 16-22

D. Sale of Surplus Property / Hickman Purchase Agreement, 8th Street and 24th Avenue, Northwest Corner, Owner: Indian River County (memorandum dated December 8, 2011) 23-27

E. Release of Retainage, Dial Cordy and Associates, Inc. – Sectors 1 & 2 Biological Monitoring (memorandum dated December 7, 2011) 28-30

F. Bridge Design Services for 82nd Avenue Bridge over the I.R.F.W.C.D. Lateral D Canal (4th Street) – Work Order No. 16 with Bridge Design Associates, Inc. – Release of Retainage IRC Project No. 0208 (memorandum dated November 18, 2011) 31-32

G. Request for Use of the Holman Stadium for Heli-Drop Ball Bash & BBQ on February 11, 2012 (memorandum dated December 12, 2011) 33-59

H. Request for Authorization for the Coalition for Attainable Homes, Inc. to Transfer Donated County Owned Surplus Properties to Habitat for Humanity, Inc. for the Provision of Affordable Housing (memorandum dated December 7, 2011) 60-80


8. CONSENT AGENDA PAGE

I. Approval of Bid Award for IRC Bid No. 2012019, Senior Resource Association Transportation Telephone System Replacement (memorandum dated December 14, 2011) 81-90

J. Acceptance of Children’s Services Advisory Committee’s Annual Report for October 1, 2010 – September 30, 2011 (memorandum dated December 8, 2011) 91-128

K. Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, etc.) (memorandum dated December 14, 2011) 129-131

L. Consideration of Hourly Rate Increase for Day Labor Services, IRC Bid No. 2012006, Public Works Department / Road and Bridge Division (memorandum dated December 13, 2011) 132-134

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

A. Deryl Loar, Indian River County Sheriff Optional One Cent Sales Tax Fund (memorandum dated December 14, 2011 135-143

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

1. Consideration of INEOS New Planet BioEnergy LLC’s Request For an Economic Development Ad Valorem Tax Exemption (Tax Abatement) (memorandum dated December 7, 2011) 144-195

Legislative

2. Indian River County Recyclers, LLC’s Request for Special Exception Use Approval for a Construction/Demolition Debris Facility to be Known as Indian River County Recyclers (memorandum dated December 8, 2011) 196-231

Quasi-Judicial

B. PUBLIC DISCUSSION ITEMS

Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes.

1. Request to Speak from Asley Leyva, Asset Manager, Kondaur

Capital Corporation Regarding Reduction of Lien 232-233


10. PUBLIC ITEMS PAGE

C. PUBLIC NOTICE ITEMS

None

11. COUNTY ADMINISTRATOR MATTERS

None

12. DEPARTMENTAL MATTERS

A. Community Development

None

B. Emergency Services

1. Approval to Purchase E911 Call-Taking Equipment from IRC Bid No. 2011052 (memorandum dated December 7, 2011) 234-238

C. General Services

1. Request for Authorization to Issue an Invitation to Bid the Indian River County Public Shooting Range Expansion Project (memorandum dated December 14, 2011) 239-241

D. Human Resources

None

E. Human Services

None

F. Leisure Services

None

G. Office of Management and Budget

None


12. DEPARTMENTAL MATTERS PAGE

H. Recreation

1. Purchase of Park Land Located Near 26th Street and 82nd Avenue (memorandum dated December 14, 2011) 242-244

I. Public Works

None

J. Utilities Services

None

13. COUNTY ATTORNEY MATTERS

A. Fund 101 Refund Issues (memorandum dated December 7, 2011) 245-266

14. COMMISSIONERS ITEMS

A. Commissioner Gary C, Wheeler, Chairman

None

B. Commissioner Peter D. O’Bryan, Vice Chairman

None

C. Commissioner Wesley S. Davis

None

D. Commissioner Joseph E. Flescher

None

E. Commissioner Bob Solari

None

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

1. Approval to Purchase One Medium-Duty Brush Truck with Equipment (memorandum dated December 8, 2011) 267-270


15. SPECIAL DISTRICTS AND BOARDS PAGE

B. Solid Waste Disposal District

1. Approval of Minutes Meeting of October 18, 2011

2. Retention of Specialized Outside Counsel for Environmental &

Solid Waste Projects (memorandum dated December 13, 2011) 271-283

3. Request for General Funds – PACE Project and Other Community

Projects (memorandum dated December 12, 2011) 284-285

C. Environmental Control Board

None

16. ADJOURNMENT

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. 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, the IRC Courthouse Law 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.

M'~~-~ invitesyo11 to atteridtlle

Fridt1y, ]'1ilu'1ry6, 2012 1;30p.111.Reglstr<!tlcm 2:00 p.111. Program 4:30 p.m. Reciipt1on

Indian /liver CountyAdm/11/strative Complex t&Ql iith st., Ver6Beach, FL

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Please Join 11s forai1 afternoon sy111pg~{l:!/ff (ll!slgnedfo educate,lnfdrm and inspire el11ctedofficial~!E'l ;w,llffjr~ .. 11n~i'?Ufemedcltlzen$.

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Fnpq~t~~,,:~_:af~~J: .. ,~, Amerlfr~·lyi.eq~~JJ;le~ft'H;.Ni~$!.!)Ji?fE;1rle}(J/O!}hare.his. research c,n America's most~Uf$e~sffii merital fl~jltli•pt9graJTis andNspersonal experience with his OWl).son, who. is nc,w ,(~uccessfui. peer-to0peerspecialist •

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Mlchae!ThQll!PSo'n, Dit~gor, TheJustJi:e.Cepter, Couhcj(ofState Governments A nationallyrecognized ~*pert in criminalJustic:e reform, Thompsonwlll share his wor~o11. n~tiqriaj po.lJ~i.(litiiltiye~to lpiproyei:Jutcornes for people \.'/ith mental fifnesses, increas~'):l,ublic; safety and reduce govemment spending. 0,,,· . ·. . ' .

• r,,,ar~ s. Gol~.~;p.,qj~J~J.Jnlversify ofFloridaQep.irtwent of i>syt!Jiatr-y · A renowned researcher and i!Jventor, Dr: Gold has devoted his work to

deVeilopipg t!Jddelsthatshowthe effed;s offobaccolcocaine ard Other drugs c,n the brain andbehaviQr. He will share the biology. ofmental Illness and adcfktjqn and.ne\Alappfc,achesforeffec:ti\/e patient care.

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To:

Date:

Subject:

From:

INFORMATIONAL ITEMS December 20, 2011

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS

INTER-OFFICE MEMORANDUM

Members of the Board of County Commissioners

December 14, 2011

2011 ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE CONSTRUCTION BOARD OF ADJUSTMENTS & APPEALS

Darcy Vasilas, Commissioner Assistant District 3

At the December 14, 2011 Construction Board of Adjustments & Appeals meeting, the members voted to re-elect Pete Clements as Chairman and Peter Robinson as Vice Chairman for the year 2011.

No Board action is required.

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CLERK OF CIRCUIT COURT

INTEROFFICE MEMORANDUM

TO: HONORABLE BOARD OF COUNTY COMMISSIONERS

DATE: December 8, 2011

SUBJECT: APPROVAL OF WARRANTS AND WIRES December 2, 2011 to December 8, 2011

FROM: DIANE BERNARDO- FINANCE DIRECTOR

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

Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of December 2, 2011 to December 8, 2011.

Attachment:

DB:MS

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CHECKNBR 276170 276171 276172 276173 276174 276175 276176 276177 276178 276179 276180 276181 276182 276183 276184 276185 276186 276187 276188 276189 276190 276191 276192 276193 276194 276195 276196 276197 276198 276199 276200 276201 276202 276203 276204 276205 276206 276207 276208 276209 276210 276211 276212 276213 276214 276215 276216 276217 276218 276219 276220 276221 276222 276223 276224 276225 276226 276227

CKDATE 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011

CHECKS WRITTEN

VENDOR EVERGLADES FARM EQUIPMENT CO INC CONTECH CONSTRUCTION PRODUCTS INC PORT CONSOLIDATED INC PARKS RENTAL & SALES INC JORDAN MOWER INC COLKITT SHEET METAL & A/C INC COMMUNICATIONS INTERNATIONAL ROBINSON EQUIPMENT COMPANY INC TEN-8 FIRE EQUIPMENT INC VERO CHEMICAL DISTRIBUTORS INC COPYCO INC DBA IKON OFFICE SOLUTIONS CHISHOLM CORP OF VERO VELDE FORD INC UNIVERSAL SIGNS & ACCESSORIES SAFETY PRODUCTS INC STEWART MINING INDUSTRIES INC DATA FLOW SYSTEMS INC LIGHTSOURCE IMAGING SOLUTIONS LLC COLD AIR DISTRIBUTORS WAREHOUSE DELTA SUPPLY CO E-Z BREW COFFEE & BOTTLE WATER SVC INDIAN RIVER BATTERY KELLY TRACTOR CO REPUBLIC SERVICES OF FL LP AMERICAN CONCRETE INDUSTRIES INC MY RECEPTIONIST INC VERO LAWNMOWER CENTER INC F&WMEDIAINC THE GALE GROUP AMERIGAS EAGLE PROPANE LP AMERIGAS EAGLE PROPANE LP MIKES GARAGE & WRECKER SERVICE INC DAVES SPORTING GOODS & TROPHIES DAILY COURIER SERVICE HACH CO PARKSON CORPORATION 3MCO GALLS AN ARAMARK CO ROWMAN & LITTLEFIELD PUBLISHING GROUP INC ROBERT A MINER BIOSYSTEMS LLC HD SUPPLY WATERWORKS, LTD DBH GRAPHICS & FINE ARTS INC EGPINC VERO INDUSTRIAL SUPPLY INC AMERICAN RESIDENTIAL SERVICES LLC EXPRESS REEL GRINDING INC TIRESOLES OF BROWARD INC FIRESTONE COMPLETE AUTO CARE CENTER POINT INC AMERICAN WATER CHEMICALS INC ALLIED UNIVERSAL CORP HOMELAND IRRIGATION DELL MARKETING LP WILSONS PETROLEUM EQUIPMENT INC THE EXPEDITER R & G SOD FARMS

AMOUNT 819.50

13,064.74 969.54 179.75 148.59

1,230.00 367.50 605.65 364.39 804.10 459.21

. 139.32 797.50 498.18

7,087.50 123.31 337.76 622.50 257.47 686.25 220.21

33.95 4,361.65 1,172.46

733.64 1,775.00

301.60 46.59

1,075.38 94.88

744.97 4,096.56

575.00 1,486.00

64.00 544.44

1,528.78 1,834.00

490.28 50.00

9,283.00 575.00

1,190.80 59.00 56.67 54.22

2,502.00 602.92

5,184.88 652.44 239.17 750.00

7,136.63 45.18

1,158.94 393.74 719.70 40.00

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CHECKNBR CK DATE VENDOR AMOUNT 276228 12/8/2011 XEROX CORP SUPPLIES 1,119.55 276229 12/8/2011 GENERAL PART INC 3,798.74 276230 12/8/2011 GOODYEAR AUTO SERVICE CENTER 888.74 276231 12/8/2011 BLAKESLEE SERVICES INC 760.00 276232 12/8/2011 BAKER & TAYLOR INC 4,109.48 276233 12/8/2011 BRANDTS APPLIANCE SERVICE INC 84.00 276234 12/8/2011 MIDWEST TAPE LLC 1,077.04 276235 12/8/2011 RECORDEDBOOKSLLC 198.00 276236 12/8/2011 ARAMARK UNIFORM SERVICES 1,772.21 276237 12/8/2011 LOWES CO INC 590.64 276238 12/8/2011 K & M ELECTRIC SUPPLY 133.00 276239 12/8/2011 WIGINTON CORP 886.00 276240 12/8/2011 PALM TRUCK CENTERS INC 532.15 276241 12/8/2011 SVI SYSTEMS INC 75.00 276242 12/8/2011 DEERE & COMPANY 212.54 276243 12/8/2011 SOFTWARE HARDWARE INTEGRATION 54.03 276244 12/8/2011 SEBASTIAN OFFICE SUPPLY CO 13.56 276245 12/8/2011 COMMUNITY ASPHALT CORP 1,882.24 276246 12/8/2011 MTS SOFTWARE SOLUTIONS 470.00 276247 12/8/2011 HBELINC 1,345.00 276248 12/8/2011 SUNSHINE REHABILATION CENTER OF !RC INC 30.00 276249 12/8/2011 PRISCILLA MALGERI 300.00 276250 12/8/2011 CLERK OF CIRCUIT COURT 147.03 276251 12/8/2011 CLERK OF CIRCUIT COURT 50.00 276252 12/8/2011 INDIAN RIVER COUNTY HEALTH DEPT 60.00 276253 12/8/2011 CITY OF VERO BEACH 48,837.92 276254 12/8/2011 AMERICAN FAMILY LIFE ASSURANCE CO 13,860.10 276255 12/8/2011 APPLE MACHINE & SUPPLY CO 25.80 276256 12/8/2011 SOUTHERN ELECTRIC SUPPLY CO 4,063.00 276257 12/8/2011 AT&T 273.80 276258 12/8/2011 AT&T 33.32 276259 12/8/2011 UNITED PARCEL SERVICE INC 10.10 276260 12/8/2011 FERGUSON ENTERPRISES INC 17,649.36 276261 12/8/2011 FLORIDA EAST COAST RAILWAY LLC 5,103.00 276262 12/8/2011 JANITORIAL DEPOT OF AMERICA INC 2,253.64 276263 12/8/2011 WALMARTSTORESEASTLP 349.90 276264 12/8/2011 WAL MART STORES EAST LP 226.00 276265 12/8/2011 FLORIDA ANIMAL CONTROL ASSOC INC 70.00 276266 12/8/2011 INDIAN RIVER COUNTY UTILITIES 11.93 276267 12/8/2011 INDIAN RIVER COUNTY UTILITIES 2,172.33 276268 12/8/2011 TOTAL TRUCK PARTS INC 268.32 276269 12/8/2011 EXCHANGE CLUB CASTLE 2,291.79 276270 12/8/2011 DUMONTCOMPANY,INC 2,762.00 276271 12/8/2011 !RC CHAMBER OF COMMERCE 17,393.77 276272 12/8/2011 MUNIS INC 2,750.00 276273 12/8/2011 LIBERTY FLAGS INC 441.00 276274 12/8/2011 MANPOWER 554.04 276275 12/8/2011 DON LAWLESS 60.00 276276 12/8/2011 SPRINT SPECTRUM LP 362.42 276277 12/8/2011 PRIDE ENTERPRISES 2,240.00 276278 12/8/2011 SCRIPPS TREASURE COAST PUBLISHING LLC 766.48 276279 12/8/2011 TRAFFIC PARTS INC 759.50 276280 12/8/2011 VERO HERITAGE INC 783.00 276281 12/8/201! SUBSTANCE AWARENESS COUNCIL OF !RC INC 20,174.73 276282 12/8/2011 FLORIDA POWER AND LIGHT 79.41 276283 12/8/201! FLORIDAPOWERAND LIGHT 11,142.69 276284 12/8/2011 FLORIDAPOWERAND LIGHT 2,025.84 276285 12/8/201! ACUSHNET COMPANY 2,245.89 276286 12/8/2011 MIKE CLIFFORD 375.98 276287 12/8/2011 TAYLOR MADEGOLF CO INC 1,894.71

2 5

CHECKNBR 276288 276289 276290 276291 276292 276293 276294 276295 276296 276297 276298 276299 276300 276301 276302 276303 276304 276305 276306 276307 276308 276309 276310 276311 276312 276313 276314 276315 276316 276317 276318 276319 276320 276321 276322 276323 276324 276325 276326 276327 276328 276329 276330 276331 276332 276333 276334 276335 276336 276337 276338 276339 276340 276341 276342 276343 276344 276345 276346 276347

CKDATE 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011

VENDOR VETERANS COUNCIL OF I RC WASTE MANAGEMENT INC COMPLETE ELECTRIC INC FLORIDA EMERGENCY PREPAREDNESS TREASURE COAST SPORTS COMMISSION INC COX GIFFORD SEAWINDS TREASURE COAST FIRE CHIEFS MIKE HOTCHKISS CENTRAL FLORIDA PRIMA CENTRAL FLORIDA PRIMA GERALD A YOUNG SR INDIAN RIVER FARMS WATER CNTRL DIST PITNEY BOWES INC ALAN C KAUFFMANN STASKI ENTERPRISES INC PRICEWATERHOUSECOOPERS LLP LINDSEY MATHENY ISLAND TITLE AGENCY LLC C & C ELECTRIC WORKS INC ECONOLITE CONTROL PRODUCTS INC RECHTIEN INTERNATIONAL TRUCKS J C WELTON CONST INC THE PALMS AT VERO BEACH INSTITUTE OF TRANSPORTATION RUSSELL PAYNE INC ANDREAAND KEVIN WHITFORD AM PLAYER INC ALLSTATE FLORIDA DEPT OF JUVENILE JUSTICE MUTUAL OF OMAHA MUTUAL OF OMAHA MUTUAL OF OMAHA POLYDYNE INC THE CLEARING COMPANY LLC BIG BROTHERS AND BIG SISTERS FLINT TRADING INC GRESSCOLTD SAMUELS GAINES DBA MICHAEL ZITO CAPITAL OFFICE PRODUCTS DICKERSON FLORIDA INC DICKERSON FLORIDA INC BRADLEYLEU HARCROS CHEMICALS, INC. GLOVER OIL COMPANY INC GARY L EMBREY LARRY STEPHEN FAISON JOHN DEERE LANDSCAPE JOE RIVERA CAROLE J MADIGAN DANE PFARR HINKLE & SONS SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC KENNY CAMPBELL JR D&S ENTERPRISES OF VERO BCH LLC FLOR!DAASSOC OF HUMAN SRV ADMIN S0NRISE VILLAS LLC COMMUNICATIONS BROKERS & CONSULTANTS INC MUNICIPAL WATER WORKS INC AWM CONSTRUCTION INC

AMOUNT 7,640.16

644.96 747.81 300.00

15,778.84 425.00 250.00 143.25 35.00 25.00

120.00 3,350.00

210.00 40.00

1,306.59 17,000.00

120.00 7,237.67 2,628.00

217.00 231.00

11,778.00 300.00 825.00 303.41 48.41

639.84 814.38

44,668.00 731.84

6,314.79 6,338.07 5,152.00 1,830.00 1,458.33 2,736.00

385.61 300.00

84.28 9.29

368,614.06 417.00 300.00

19,231.22 77,055.26

40.00 60.00

163.99 60.00

1,320.00 60.00

7,800.00 1,728.24

100.00 90.00 95.00

300.00 5.60

4,212.00 22,006.00

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CHECKNBR 276348 276349 276350 276351 276352 276353 276354 276355 276356 276357 276358 276359 276360 276361 276362 276363 276364 276365 276366 276367 276368 276369 276370 276371 276372 276373 276374 276375 276376 276377 276378 276379 276380 276381 276382 276383 276384 276385 276386 276387 276388 276389 276390 276391 276392 276393 276394 276395 276396 276397 276398 276399 276400 276401 276402 276403 276404 276405 276406 276407

CK DATE 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011

VENDOR GLOBALSTAR USA REALTORS ASSOCIATION OF INC BIOREM C/0 TSC-JACOBS CEMEX MICHAEL STENTOUMIS MARGARET C THOMAS JAMIE O IDCKS DOROTHY L JONES BLUE RIBBON CATERING KEVIN BOYCE ASHLEY C & MICHELLE M GREEN INTERNATIONAL SWEEPING LUCILENE SANTOS WILBERT WILLIAMS BENNETT AUTO SUPPLY INC AUTO PARTNERS LLC AQUIFER MAINTENANCE & PERFORMANCE ACM ENGINEERING & ENVIRONMENTAL SERVICES K'S COMMERCIAL CLEANING L&L DISTRIBUTORS ROBERTA BARKER TRUCKMAX INC SOUTHEAST POWER SYSTEMS OF ORLANDO COONEY, JAMES J SANDY ARACENA CUSTOM BRANDED SPORTSWEAR INC THATCHER CHEMICAL OF FLORIDA NORTH HARRIS COMPUTER CORPORATION KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST TAPCO UNDERWRITERS INC BRENNTAG MID-SOUTH INC S & SAUTO PARTS PIONEER MANUFACTURING DANIELLE CARTOLARO BORTOLI, GARY & WENDY BENEFITS WORKSHOP ALWAYS ON TIME ENTERPRISES INC HSBC BANK USA, NATL ASSOC, AS TRUSTE LYON FINANCIAL SERVICES INV CHRIS MATHERLY RAD WELL INTERNATIONAL INC MIGUEL RIOS DANIEL SCHACHT KEMPER BUSINESS SYSTEMS ALEXXINC DIEGO RIOS JBJONESJR HUGHES ASSOCIATES INC STEVEN AABBOND ERIC GRANJTUR ATTORNEY AT LAW CHRISTIE JOHNSON JANCY PET BURIAL SERVICE INC ALLEN SCHWARTZ DELRAY MOTORS AG SCAPE SERVICES INC AG SCAPE SERVICES INC AG SCAPE SERVICES INC JOSEPH CATALANO DEPT OF HWY SAFETY & MOTOR VEIDCLES AMERICAN SOLUTIONS FOR BUSINESS

AMOUNT 59.87

9,585.72 5,000.00

41.04 7.18

26.52 26.52 18.53

2,677.50 1,784.78

78.14 2,843.75

180.00 300.00 720.60 990.25 450.00 700.00

1,650.00 221.90

38.41 194.80

3,5592.7 235.86 100.00 265.93

3,753.45 52,500.00

181.59 6,700.38 6,819.85 1,989.13

800.00 500.00 32.23

339.90 1,029.26

909.28 296.09

6.14 356.30 40.00 60.00

8.13 134.45 40.00

311.07 3,458.83

60.00 15,163.66

120.00 182.75

1,975.00 128.00

1,289.60 2,137.92 3,166.15

200.00 20.00

150.00

4 7

CHECKNBR CKDATE VENDOR AMOUNT 276408 12/8/2011 PEGGY CARDELL & ASSOCIATES 336.00 276409 12/8/2011 RAYMOND J DUCHEMIN 80.00 276410 12/8/2011 INFOS INC 85.01 276411 12/8/2011 ALICIA K BELLO 180.00 276412 12/8/2011 PLAN B BUSINESS SOLUTIONS LLC 30.00 276413 12/8/2011 TAP PUBLISHING COMPANY 651.49 276414 12/8/2011 VERO BEACH INVESTMENTS LLC 597.00 276415 12/8/2011 CLAUDE METHE 1,500.00 276416 12/8/2011 JAMES & CAROL LEWIN 67.97 276417 12/8/2011 DOROTHY YORK 53.82 276418 12/8/2011 MICHAEL THORNE 17.87 276419 12/8/2011 SAN SEBASTIAN PROPERTY OWNERS 9.96 276420 12/8/2011 LAWRENCE THOMAS 4,119.45 276421 12/8/2011 JEFFREY RAYNOR 150.50 276422 12/8/2011 SPECTORSOFT CORPORATION 9,333.32 276423 12/8/2011 UTREFUNDS 335.62 276424 12/8/2011 UTREFUNDS 84.64 276425 12/8/2011 UT REFUNDS 159.75 276426 12/8/2011 UTREFUNDS 42.41 276427 12/8/2011 UT REFUNDS 50.00 276428 12/8/2011 UT REFUNDS 41.80 276429 12/8/2011 UT REFUNDS 258.11 276430 12/8/2011 UT REFUNDS 153.79 276431 12/8/2011 UT REFUNDS 10.50 276432 12/8/2011 UTREFUNDS 98.55 276433 12/8/2011 UT REFUNDS 311.77 276434 12/8/2011 UTREFUNDS 328.41 276435 12/8/2011 UTREFUNDS 13.78 276436 12/8/2011 UT REFUNDS 21.70 276437 12/8/2011 UT REFUNDS 40.41 276438 12/8/2011 UTREFUNDS 11.03 276439 12/8/2011 UT REFUNDS 30.85 276440 12/8/2011 UT REFUNDS 31.08 276441 12/8/2011 UT REFUNDS 47.46 276442 12/8/2011 UT REFUNDS 2.96 276443 12/8/2011 UT REFUNDS 54.27 276444 12/8/2011 UT REFUNDS 23.81 276445 12/8/2011 UT REFUNDS 48.60 276446 12/8/2011 UT REFUNDS 107.30 276447 12/8/2011 UT REFUNDS 8.82 276448 12/8/2011 UT REFUNDS 40.41 276449 12/8/2011 UTREFUNDS 25.01 276450 12/8/2011 UTREFUNDS 68.97 276451 12/8/2011 UT REFUNDS 37.90 276452 12/8/2011 UTREFUNDS 20.74 276453 12/8/2011 UT REFUNDS 62.86 276454 12/8/2011 UT REFUNDS 68.22 276455 12/8/2011 UT REFUNDS 72.67 276456 12/8/2011 UTREFUNDS 3.00 276457 12/8/2011 UT REFUNDS 48.20 276458 12/8/2011 UT REFUNDS 23.81 276459 12/8/2011 UTREFUNDS 200.00 276460 12/8/2011 UTREFUNDS 112.54 276461 12/8/2011 UTREFUNDS 41.25 276462 12/8/2011 UTREFUNDS 33.41 276463 12/8/2011 UTREFUNDS 77.13 276464 12/8/2011 UTREFUNDS 14.52 276465 12/8/2011 UTREFUNDS 73.58 276466 12/8/2011 UTREFUNDS 46.30 276467 12/8/2011 UTREFUNDS 48.89

5 8

CHECKNBR 276468 276469 276470 276471 276472 276473 276474 276475 276476 276477 276478 276479 276480 276481 276482 276483 276484 276485 276486 276487 276488 276489 276490 276491 276492 276493 276494 276495 276496 276497 276498 276499 276500 276501 276502 276503 276504 276505 276506

. 276507 276508 276509 276510 2765II 276512 276513 276514 276515

Grand Total:

CK DATE 12/8/20Il 12/8/20Il 12/8/20Il 12/8/20Il 12/8/2011 12/8/20Il 12/8/20Il 12/8/2011 12/8/20Il 12/8/2011 12/8/20Il 12/8/20Il 12/8/2011 12/8/20Il 12/8/20Il 12/8/20Il I2/8/20Il 12/8/2011 12/8/20Il 12/8/20Il 12/8/2011 12/8/20Il 12/8/2011 12/8/2011 12/8/20Il 12/8/20Il 12/8/20Il 12/8/20Il 12/8/20Il 12/8/2011 12/8/20Il 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/20Il 12/8/2011 12/8/20Il 12/8/2011 12/8/2011 12/8/2011 12/8/20Il 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011 12/8/2011

VENDOR UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UTREFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UTREFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS UT REFUNDS ILLINOIS STATE DISBURSEMENT UNIT CHAPTERl3TRUSTEE !RC FIRE FIGHTERS ASSOC IR FEDERAL CREDIT UNION MISDU MICHIGAN STATE ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ROLFE&LOBELLO,P.A. ECMC SOLOMON, GINSBERG & VIGH, P.A.

AMOUNT 88.81 33.41

1.90 35.74 18.94 73.58 28.48 68.22 29.00 65.17 36.94 15.43 32.25 70.22 40.41 40.23 42.93 30.82 16.91 39.50 50.09 20.35 18.78 73.58 39.50 30.99 15.06 34.39 35.11 13.43 31.84 14.99 29.00 31.69 35.19 42.95 45.59

142.32 473.78

6,060.00 45,932.19

575.86 194.11 196.74 109.78 100.00 137.97

2,445.84 1,128,168.02

6 9

CHECKNBR 1699 1700 1701 1702 1703 1704 1705 1706 1707 1708 1709

Grand Total:

CKDATE 12/2/2011 12/2/2011 12/2/2011 12/5/2011 12/5/2011 12/6/2011 12/6/2011 12/7/2011 12/7/2011 12/8/2011 12/8/2011

WIRES SENT

VENDOR SENIOR RESOURCE ASSOCIATION FL RETIREMENT SYSTEM TC ENTERPRISE GOULD COOKSEY FENNEL PA ATLANTIC COASTAL LAND TITLE LLC MILB VERO BEACH LLC ALLEN FALK PA BENEFITS WORKSHOP BENEFITS WORKSHOP BARTH CONSTRUCTION INC BARTH CONSTRUCTION INC

AMOUNT 198,219.57 299,958.80 20,264.00

1,036,300.00 83,774.82

8,283.03 15,000.00 1,736.35 7,426.91

0.00 288,852.30

1,959,815.78

I 10

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

December 13,2011

Authorization to Attend Government Finance Officers Association Annual Conference

The County Administrator is requesting authorization to attend the 2012 GFOA 1061h Annual Conference, "Winds of Change: Public Finance in Transition", June 10 - 13, 2012, Chicago, Illinois.

Funding has been approved in account 00120112.

APPROVED AGENDA ITEM Indian River Co

Administrator

December 20, 2011 __ _

11

106th GFOA Annual Conference McCormick Place West, Chicago, Illinois

June 10-13, 2012

21 CPE Credits

12

Why Attend? This truly is a period of unprecedented transition. Amidst

the many variables facing today's government finance officer,

the only constant appears to be change. Meanwhile, government

finance professionals must confront these winds of change in

the broader context of a deeply troubled economy.

The GFOA's annual conference offers a uniquely cost-effective way

to obtain reliable, timely, and practical guidance on the latest strategies,

tools, and techniques in each of the major areas of public finance.

It also offers an ideal venue for meeting and networking

with colleagues and experts from across the country and

around the world-all at a price you can afford!

CPE Credits It is possible to earn up to 21 continuing professional education (CPE) credits at the GFOA's annual conference. Additional CPE credits can be earned by attending one or more of the GFOA's preconference seminars.

The GFOA 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 submitted to the National Registry of CPE Sponsors through Its website: www.leamlngmartcet.org.

~ National Registry of CPE Sponsors rp~ 150 Fourth Avenue North• Suite 700 • Nashville, TN 37219-2417 ~Nso\:i' www.nasba.org

3

13

Session Tracks Accounting, Auditing, and Financial Reporting

This past year saw a number of important developments that will affect public-sector accounting and auditing professionals. One recent statement of the Governmental Accounting Standards Board (GASB) will significantly modify the rules used to identify and report component units. Another recent GASB statement will change the format and terminology used to present the government-wide statement of position. Yet another recent statement from the GASB will modify the rules governing hedge accounting. In addition, the GASB has proposed fundamental changes in accounting and financial reporting for pensions that would affect even employers that participate in cost-sharing plans.

Meanwhile, the GASB is preparing to propose new guidance on topics ranging from accounting and financial reporting for governmental funds to fiscal sustainability reporting. Auditors of state and local governments also must contend with the issuance of a new edition of Government Auditing Standards ("Yellow Book"), the latest Single Audit guidance, and changes emanating from the American Institute of Certified Public Accountants.

Technical sessions in the accounting, auditing, and financial reporting track will provide timely and comprehensive coverage of all of these topics, They also will explore the latest changes to the GASB Comprehensive Implementation Guide, common reporting deficiencies, the new edition of the GFOA's classic "Blue Book," Governmental Accounting, Auditing, and Rnancial Reporting (GAAFR), and practice issues involving Internal control, internal audit, and fraud.

Budgeting and Financial Planning

To manage public resources within a volatile world and national economy, finance officers are adopting new approaches to fiscal planning, budget development, and budget monitoring. For example, new forecasting methods are focusing on alternative scenarios in anticipation of unexpected economic changes. User fees continue to be near the top of the list of budget balancing options as property and sales taxes grow slowly or not at all. Above all, managers who are responsible for the planning and budget process must anticipate change and offer options that accommodate a wide range of fiscal contingencies. This year's budget and financial planning sessions will provide innovative techniques for forecasting, fee setting, and budgeting to support long-term fiscal resiliency. Sessions will also give conference attendees up-to-date information on how to thrive in changing times, including new approaches to public-private partnerships, identifying and funding alternative service levels, and gaining greater public understanding and support through Information transparency.

Debt Management

Nowhere are the winds of change more evidentthan in the municipal bond market. From new rating agency practices to increased Congressional and regulatory focus, debt managers in government must understand what is changing and how those changes will impact their governments' debt program. Sessions will offer large and small government practitioners information on fiscally sound debt practices and current market dynamics. Updated best practice debt management policies will be highlighted throughout the sessions, in addition to market analysis and legislative and regulatory initiatives likely to have an impact on state and local government borrowers. Sessions will feature experts from the state and local government community, as well as industry experts and federal government officials in order to provide attendees with timely and appropriate advice.

Management and Policy

More than ever before, governments are turning to their finance officer for Information and guidance. The effective finance officer must not only be an expert in technical areas of finance but also play a critical role in developing and advising on organizational strategy. Finance officers are expected to collect the right information; accurately analyze, understand, and explain the situation; and recommend not only near-term tactics but long-term strategies for financial resiliency. Internally, finance officers are often faced with reduced staff and uneasy officials, where "soft' managerial skills such as effective communication, negotiation, and group facilitation are required. Externally, the ability to work with the public, other governments, and the media is critical. The management and policy track will feature management and leadership skill building, including sessions on strategic planning, communication, motivation, ethics, problem solving, teamwork, risk management, and negotiation strategies. In addition, GFOA's research staff will be presenting information from GFOA's new book on financial policies.

5

14

Session Tracks Pension and Benefit Administration

The cost of pension and health-care benefits for employees and retirees remains in the forefront of concern for finance officers and the elected officials they serve. The key to reform is to assure that plans are fiscally sustainable, while still offering benefits that promote the recruitment and retention of high quality employees. Conference sessions will provide the latest research and practices on the sustainability of defined benefit pension plans as well as the costs and benefits of hybrid alternatives. Session speakers will also discuss innovative health-care cost containment strategies, new methods for managing pension plans efficiently and effectively, and new information systems that can improve efficiency, accuracy, and security of information.

Technology and Digital Government

As the winds of change bring the cloud to the public sector, finance officers are learning how cloud computing can help their governments provide technology solutions at significantly lower cost. They are also learning how to address concerns about data security in the cloud. In the meantime, finance officers are applying new techniques to capture cost savings and other benefits that have been promised by newly implemented technology. Tech sessions will address security and risk mitigation; optimizing the efficiency of current systems; technoll!gy fl!f @Uectin9, aJl.al)llLny, and nsiny pe_rforl!lallCJl data; and hllw to take mobile applications, enterprise financial solutions, and social media to the next level while protecting the IT infrastructure.

Treasury and Investment Management

Attend this year's treasury and investment management track to learn how your peer professionals are finding ways to invest public funds securely while getting reasonable returns in an economy too stubborn to rebound. The treasury and investment track will provide conference attendees with expert analysis of the impact of world events, the economy, technology, and other factors on local government investment strategies. Session topics will cover the spectrum of treasury management, including strategies for portfolio development in a volatile environment, the impact of banking industry changes, and how to write local investment policies and practices that will wtthstand economic tumult. The latest trends in treasury technologies will also be examined.

llllatch www.gfoa.org for specific session information

6

15

CONSENT: 12/20/11

Office ef INDIAN RIVER COUNTY

ATTORNEY

.Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant Connty Attorney

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

B~ard of County Commissioners i~ William K. DeBraal- Deputy County Attorne~

December 12, 2011

Acceptance of Donation of Land for Conservation

In March of 2003 Cecil M. Johnson Trust sold to the Florida Department of Environmental Protection a piece of property which is now part of the St. Sebastian River Preserve State Park. Shortly after the sale, Mr. Johnson passed away, and in 2010 his granddaughter received a tax bill for ad valorem taxes on property the family had been under the impression was previously sold to the state. The family has since learned that the legal description in the deed to the state had been interpreted by the state to not include the piece that the family had received a tax bill on, and the state did not wish to take title to that piece. The heirs of the Cecil M. Johnson Trust have offered to donate this piece to the County for conservation purposes. The County acquired for conservation the Russell Grove River Buffer which is now known as the Cypress Bend Community Preserve, and this piece that is being offered is next to or west of the County's property and would be a desirable addition to the preserve.

FUNDING:

The 2011 taxes in the amount of $54.75 (less any discount) and the recording charges in the amount of $44.70 will be paid from the environmental land bond fund in the other professional services account #14514639-033190.

RECOMMENDATION:

Staff recommends that the Board of County Commissioners:

1. Accept the attached Quit-Claim Deed from the heirs of the Cecil M. Johnson Trust and authorize the Chairman to execute the Quit-Claim Deed evidencing the Board's acceptance;

2. Authorize staff to pay the 2011 taxes in the amount of $54.75 (less any discount); 3. Record the Quit-Claim Deed in the public records of Indian River County, Florida; and 4. Authorize staff to bring back to the Board a resolution to cancel future taxes;

/nhm Attachments: Map

Quit-Claim Deed

tndian R\~-er Ca.'

Adm!n.

Legal

Bu ct get

Oepl.

Risk Mgr.

--.J

INDIAN RIVER COUNTY

TAXMAP David C. Nolte Property Appraiser

Visit oi,r webiste at www.ircpa.org

Section 14 315-38E

MAP ID: 07.18

LEGEND

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1 inch = 400 feet

INFORMATIONAL PLAT - NOT A SURVEY The information contained herein is taken f1om reliable SO\/fces

However, Its aoouracy Is not guranteed State Plane Coordinates, Florida East Zone, NAD83 Datum

Dale: 12/8/2011

• I

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31S-38E

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This document-was prepared by and -should be returned to;

lhdla,n .. R.lv9r Courity Attorney's Office 1801 27th Stceet Veto Beach, ·FL 32960 (772) 22M 425

QUIT-CLAIM DEED

5 fk THIS QUIT-CLAIM· DEED, executed this. day of

D~ce,;nbcr- , 2011, by Rosemaiy,V. Johnson, Tamar.a K. Boetch,Amy J, Higgins, Marnie K. Elmore, the heirs of the .CECIi. M .. JOHNSON TRUST

··under agreement dated August 31, 2001, Grantors, whose 111ailing address is · . . 3:J'f& Newb,::,-~ l$1vd •• l«.1/i..hi..5,~t., FL .3;1311 . ·. · . · ,

to BOARD OF ~OUNTY COMMISSIONERS OF INQIAN RIVER COUNTY, ·. FLORIDA, a political subdivision of .the State of Florida, Grantee, whose

ma.Hing address is 1801 2y!h street, Vero Beach, Florida 3296.0.

WITNES5ETH:

That Granters, for and in consideration of the sum of One Dollar ($1.00), in hand paid by Grantee, the receipt whereof is hereby acknowledged, and other good and valuable consideration, does hereby quit-claim unto Grantee,. its successors and assigns forever,. all the right, fifle, interest, cli'ii111 and demand which Grantors have in anq to the following described lpt, piece or parcel of land, situate, lying and t>eing in the County of Indian River, State of Florida, to"wit:

Any.and all lands lying within Section 14,Townshfp i1 south, Range 39 East,. (ying in Indian River Co-unty, Florida being now ownect by the Cecit iVI. Jo.hnson 'Trust and ciescribed in Official Record 8opk 15()1, P'ag.e 477 of the Public Reo<>rds of Indian Rlver County, Florida. See a.ttached depiction.

. IN WITNESS WHEREOF, Granters have sighed and sealed these presents the day and ye1,r first.above written.

Signed in the presence of:

Sign: ~l ,_ • ~/~-printed ffa111e~ ~iVI<

-~~ sign: /' printed name: .A>?a1?7,,(/p .... t<fa'i?Jq,f--s

/4

V. ,Johnson

18


/''~~ sign:(,_,-,,<; . ,. __ printe-0 rf&'~,4; ~,jiM

sign:· (d)/-w:; printed name: Er1'k k,'e61.,t . ✓


sign~ printed name'. @ir;d,b,,. Al,;; [A,S

,,,, cS .. t ~- .,r printed. nam~ 5 Ji\ocri.s

~ig.· ne.d in ?3[esence of:

sign: . lQ printed name: Shcw,.e e1v11,,:n--<

sign:·:;J/~ printed name: Sl1A/21ll [email protected]:,~

STATE OF FLORIDA COUNTY OF Leon -------

, 1mwi~-t: Btid;..1v Tamara K Boetch

~ii~ Marnie K. Elmo.re

~+... . · The foregoing instrument was ackhowledged befor~ me t.h!s :::i. day of. Dec ember , 2011, by Rosemary V .. Johnsen Who 1s

cgersonally ~nown to fj:ilYorwho has produced _________ _ as identification.

••\ii'\~ BONNIE P. BEVIS w Commission II EE 145913 ~ '; Expires December 3, 2015

~ t •..,, ~llwTIO'ffai:B~.800-385-7019

NOTARY PUBLIC

2

19

STATE OF FLORIDA COUNTY OF Leon -------

rtt.. The foregoing instrument was ac~nowledged before. me this. :i day of Deceml:Jlv- , 2011, by Ti,mara K. Boetl':h who 1s

(eersonally known to _m~r who has produced· · . · · . as 1denbficat1on. ·

i~t•• \, BONNIE P. BEVIS

W••f ~ Con;mtisslon#EE145913 · M Expires!lecember3,2015

~ TIIIII TfO/F~ lnuance 800-385,7019

STATE OF FLORIDA COUNTY OF !..eon

-----'-'-----

NOTARY PUBLIC

NOTARY PUBLIC

3

20

A\~°'""°"' STATE OF FLORlD,e, COUNTY OF T~c.£-loo.so--

The foregoing instrument was, acknowledged. before me this · a of "Dece ""I,,",..- , 2011, by Marnie K. Elmore who is

e all· known o me or who has produced __________ _ as identifica 1ori.

ATTEST:

.Jeffrey K. Barton Clerk of Court

By:---------Deputy Clerk

NOTARY PllBLlC

sign: .j\~ 0~ · printed n~: &-A-y D.s..,o.l-.1-

CommJssioh No.: _____ _ Commission Expiration:":r ... ly :is, .:lol2..

ACCEPTANCE:

BOARD OF COUNTY COMMISSiONERS INDIAN RIVE:R COUNTY, FLORIDA

By: _____________ _ Gary C. Wheeler, Chairman

BCC approvetj;._ .. -----~-"---

21

TO:

THROUGH:

FROM:

SUBJECT:

DATE:

Consent Agenda

INDIAN RIVER COUNTY MEMORANDUM

Joseph A. Baird, County Administrator

Christopher R. Mora, P.E., Public Works Director~

Louise Gates, Land Acquisition Specia~

Sale of Surplus Property/ Hickman Purchase Agreement sth Street and 24th Avenue, Northwest Corner Owner: Indian River County Parcel I.D. #33-39-11-00020-00Z0-00005.0

December 8, 2011

DESCRIPTION AND CONDITIONS

On December 6, 2011, the Board of County Commissioner declared a strip of Countyowned property on the northwest corner of sth Street and 24th Avenue, measuring 33.67 feet by 302 feet and consisting of 0.23 acres, to be surplus property. Staff was instructed to sell the strip of property to the adjoining property owner, Ms. Meredith Hickman, for the price of $4,500.

An agreement for the purchase and sale of real estate was prepared by staff and signed by Ms. Hickman. The agreement is attached.

FUNDING

There is no funding impact. Ms. Hickman will be paying all closing costs. There are no appraisal fees and no attorney fees.

RECOMMENDATIONS

The Board's options include the following:

Option 1: Approve the Purchase and Sale Agreement to sell the property to the adjoining parcel owner, Ms. Meredith Hickman, for the price of $4,500.

Option 2: Reject the sale and continue County ownership/maintenance of the property.

23

Surplus Property Sale - Hickman Purchase Agreement 8th Street and 24th Avenue, Northwest Corner December 8, 2011 Page 2 of2

Staff recommends Option 1: Approve the Purchase and Sale Agreement to sell the property to the adjoining parcel owner, Ms. Meredith Hickman, for the price of $4,500.

ATTACHMENT

Purchase and Sale Agreement

DISTRIBUTION

Christopher R. Mora - Public Works Director Louise Gates - Land Acquisition Specialist

APPROVED AGENDA ITEM FOR: December 20, 2011

Indian River County

Administration

Budget

Legal

Public Works

Land Acquisition

2

Approved Date

-~ ~ IJ.,/rS'j ti

(A - tL, IJ(U ltJ r ,_f '

, J/7 ri -11-1/

~ l;l.-ll~\l

~ 1)..-ll-ll

24

ORIGINAL

AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY

AND MEREDITH HICKMAN AND LEE MICHAEL CANESTRARI

THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the __ day of December, 2011, by and between Indian River County, a political subdivision of the State of Florida ("Seller''), and Meredith Hickman and Lee Michael Canestrari, as joint tenants with rights of survivorship, ("Buyers"), who agree as follows:

1. In consideration of the mutual promises herein contained, Seller agrees to sell and convey and Buyer agrees to buy and pay for, in accordance with the terms and conditions of this contract, the property known as a strip of land 33.67 feet wide and 302 feet long, located on the northwest corner of ath Street and 24th Avenue, including appurtenant easements and other rights of record, and hereinafter referred to as "Property". Such property is more fully described as follows:

GLENDALE TERRACE SUB, BLOCK 2, LOT 5, PBI 5-66 Permanent Parcel No. 33-39-11-00020-0020-00005.0

2. Buyers agree to pay for the Property the sum of $4,500. This amount shall be paid at closing.

3. Seller agrees to furnish a County deed, conveying to Buyer in joint and survivorship form, in fee simple title free and clear of all encumbrances except, easements, and rights of ways of record, and conditions and restriction of record.

4. Buyer may chose to secure a policy of title insurance at Buyers expense. If any defect in title is discovered prior to the time of the closing and if it is not waived in writing by Buyer, Seller shall have a reasonable extension of time for closing, but in no event more than sixty (60) days from the date Seller is notified of the defect, for removal of said defect.

5. All real estate taxes, assessments and rents, if any, shall be pro-rated as of the date of transfer.

6. Closing shall take place on or before January 23, 2012. Seller agrees to deliver possession upon transfer of title.

7. The Buyers have examined the property and agree that the property is being purchased in its present "as is" physical condition. Buyers have not relied upon any representations, warranties or statements about the condition of the property.

8. The parties acknowledge and represent that no real estate agent or broker has been used in this transaction.

25

9. 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.

10. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this t~ansaction and supersedes all prior agreements, written or oral, between the Seller and Buyer 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.

11. Assignment and Binding Effect. Neither Seller nor Buyer 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.

12. 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:

If to Seller:

If to Buyers:

Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Louise Gates

Meredith Hickman & Lee Michael Canestrari 2416 ath Street Vero Beach, FL 32960

Either party may change the information above by giving written notice of such change as provided in this paragraph.

13. County Approval Required: 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.

26

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.

INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS

Gary C. Wheeler, Chairman

Approved by BCC ______ _

ATTEST: Jeffrey K. Barton, Clerk of Circuit Court

Deputy Clerk

Approved:

~~""'= ll-9-1/ • eredith Hi n Date

~ 'II * Date

~~aunty Attorney

27

TO:

THROUGH:

FROM:

SUBJECT:

INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM

Joseph A Baird, County Administrator

Christopher R. Mora, P.E.Qv-Public Works Director

James D. Gray, Jr.@ Coastal Engineer

Release of Retainage

CONSENT -\GEND-\

Dial Cordy and Associates, Inc. - Sectors 1&2 Biological Monitoring


DESCRIPTION AND CONDffiONS

On November 5, 2002, Indian River County contracted with Dial Cordy and Associates, Inc. to conduct pre and post construction biological monitoring of the initial Sectors 1 and 2 Beach Restoration Project completed in the spring of 2003.

Amendment No. 4, totaling $203,000, to this contract specifically addressed the three year permit reqnired biological monitoring. All tasks approved under Amendment No. 4 are 100% complete and have been properly invoiced through November 26, 2008. However until recently, Dial Cordy and Associates, Inc. did not request the final release of$7,602.55 County withheld retainage under this contact.

FUNDING

Local funding of beach restoration includes a portion oflocal option tourist tax revenue as well as allocations of the one-cent sales tax. Funding for the release of retainage is from Account # 128-206000-01024.

RECOMMENDATION

Staff recommends the Board approve the release of retainage for Amendment No. 4 in the amount of$7,602.55, thereby fu1filling all the financial obligations to close out the November 2, 2002 contract between the County and Dial Cordy and Associates, Inc.

ATTACHMENTS

Dial Cordy and Associates, Inc letter dated 11/7 /11 Staff e-mail dated 10/28/11

APPROVED AGENDA ITEM

FOR: December 20. 2011

,========sa=====sa===s,

Indian River Coun

Administration

Bud et

Le al

Approved Date

Q Public Works f'J.- l>'- 11

"''fJ'""rb D-vo., ,/J 1 Division JOb I?. °Tl 11 F:\Public Worlcs\JamesG\Sectors 1 and 2\DIAL CORDY\m.emo agenda retainage release Dial Cordy- Amendment No. 4 12-20-11.doc

28

DIAL CORDY AND ASSOCIATES INC

Enuironrnental Consultants

Veronica Haiiston, Accountant Dial Cordy & Associates, Inc. 490 Osceola Ave. Jacksonville Beach, FL November 7, 2011

Indian River County Public Works Raeanne Cone, Clerk 1801 27th Street Vero Beach, Florida 32960

Ms. Cone,

Dial Cordy & Associates would like to request the release of the full retainer fee withheld on the Indian River County Environmental Assessment Preparation project that began on March 21, 2001 and was final billed on 11/26/2008. It was recently brought to our attention that we had never received the final retainer on this project and are requesting this now. The full amount to be released matches the amount we have in our records, $7,602.55.

If you have any further questions, please let me know. I can be reached at 904-241-8821 or 904-713-1618. Thank you and have a wonderful day.

Sincerely, Veronica Hairston Dial Cordy & Associates, Inc.

Signed: /7?~ i);.__e, President 11/7/11

29

James Gray

From: sent:

To:

Cc:

Veronica Hairston [[email protected]]

Monday, November 07, 2011 1 :50 PM

'[email protected]'; James Gray

Steve Dial

Subject: FW: Indian River County withheld retainage from Dial Cordy and Associates

Importance: High

Attachments: DIALCORD.xlsx; lndianRiverRetainerReleaseRequest.pdf

Ms.Cone,

- -o- - -- -

Attached please find our request for release of the below mentioned retainer. If you have any questions, please let me know. Thanks!

Veronica Hairston Dial Cordy & Associates, Inc. 490 Osceola Ave. Jacksonville Beach, Fl. 32250 904,241.8821 office 904.241.8885 Fax

From: James Gray [mailto:[email protected]] Sent: Friday, October 28, 2011 02:07 PM To: Steve Dial Cc: 1Raeanne Cone' <[email protected]> Subject: Indian River County withheld retainage from Dial Cordy and Associates

Steve:

Our records indicate that $7,602.55 of retain age (last billing was 11/26/2008) has not been requested by your firm. Please confirm if this is accurate. If so, please either request the release of the retainage or transmit an email stating that Indian River County has fulfilled all financial obligations to close out this contact. For your convenience, I have attached our invoice tracking spreadsheet.

Please let me know if you have any questions.

James

James D. Gray, Jr. Coastal Engineer Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 772-226-1344 (Office) 772-778-9391 (Fax) [email protected]

12/7/2011

30

TO:

THROUGH:

FROM:

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM


CONSENT

SUBJECT:

Christopher R. Mora, P.E., Public Works Dire~t~

Christopher J. Kafer, Jr., P.E., County Engine~

Bridge Design Services for 82nd Avenue Bridge over the I.R.F.W.C.D. Lateral D Canal (4th

Street) - Work Order No. 16 with Bridge Design Associates, Inc. - Release of Retainage IRC Project No. 0208

DATE: November 18, 2011


On May 4, 2010, the Board of County Commissioners approved Work Order No. 16 with Bridge Design Associates, Inc. for design and construction related services for the 82nd Avenue Bridge over the Indian River Farms Water Control District (I.R.F.W.C.D.) Lateral D Canal (4th Street).

Bridge Design Associates, Inc. has been paid $56,995.24 to date, with $2,999.76 held in retainage. The design and permitting services have been completed and Bridge Design Associates, Inc. has submitted Invoice No. 10-540/5R, dated 11/2/2011, in the amount of $2,999.76 for release of retainage.

FUNDING

Funding is budgeted and available from the Gas Tax/Secondary Roads Retainage Account Number 109-206000-05019, 82nd Avenue Bridge over Lateral D Canal.

RECOMMENDATION

Staff recommends payment of Bridge Design Associates, Inc. Invoice No. 10-540/5R, dated 11/2/2011 for return of retainage in the amount of $2,999.76.

ATTACHMENT

Bridge Design Associates, Inc. Invoice 10-540/5R

DISTRIBUTION

Brian C. Rheault, P.E., Bridge Design Associates, Inc.

APPROVED AGENDA ITEM:

Indian River County

Administration

Legal

Budget

Public Works

Engineering Division

Approved Date

If

Jz.~ ?-/

F:\Public Works\ENGINEERING DIVISION PROJECTS\0208-82nd Ave Bridge Replacement at 4th St\Admim\agenda items\BCC WO No 16 Bridge Design Release Retain Design 11-18-11.doc

31

BRIDGE DESIGN ASSOCIATES, INC.

ENGINEERS

Bill To

Indian River County 1800 27th Street Vero Beach, Florida 32960 Attn: Christopher Kafer, P.E.

Invoice BRIAN C. RHEAULT, P.E.

President

Date Invoice#

11/2/2011 10-540/5R

Description Amount

FOR ENGINEERING SERVICES ON: 2,999.76

82nd AVENUE BRIDGE OVER IRFWCD LATERAL D CANAL

WORK ORDER 16

Design Contract Amount: $59,995.00 100% complete: $59,995.00

RETAINAGE DUE: $2,999.76

Please Mail All Correspondence To The Address Below

~~~~ NOV - 7 2011

Total $2,999.76

1402 Royal Palm Beach Boulevard• Building 200 • Royal Palm Beach, Florida 33411 (561) 686-3660 • Fax: (561) 791-1995 3 2

To:

Through:

From:

Date:

Subject:

CONSENT AGENDA

INDIAN RIVER COUNTY FLORIDA BOARD MEMORANDUM

The Honorable Board of County Commissioners


Michael Zito, Assistant County Administrator~

December 12, 2011 7 Request for Use of the Hohnan Stadium for Heli-Drop Ball Bash & BBQ on February 11, 2011.

CZG--

DESCRIPTIONS AND CONDITIONS

The Youth Guidance Donation Fund of Indian River County, Inc., a 50l(C)(3) non-profit organization dba Youth Guidance Mentoring & Activities Program ("User Group") has requested use of Hohnan Stadium at the Vero Beach Sports Village for a fundraising / charity event. The Youth Guidance Mentoring & Activities Program is dedicated to enriching the lives of Indian River County's children in need through quality mentoring relationships and engagement in educational, cultural and recreational activities that promote positive development of youth in order to help them achieve their full potential.

The plarmed event is the 1st Annual Heli-Drop Ball Bash & BBQ. The event is scheduled for Saturday, February 11th, from 4:30pm to 1 O:OOpm. The event begins with a City vs. County Kickball game at 4:30pm. Inunediately following the game at approximately 5:30pm, a helicopter will drop 750 pre-sold numbered golf balls from a very low position (10-20 feet) onto a designated target area. The Golf balls will be measured by a local surveying company to determine the 1st to 6th closest balls to the target. The dropping of the golf balls is a popular fundraising event held throughout the country. There are plenty of videos of such drops on the internet if anyone would like to see the process. Winners will receive cash prizes: Closest ball wins first place prize of $5000, 2nd closest $2500, 3rd closest $1000 and 4-6th $500 each. Inunediately following the ball drop, guests will continue to an "After-Party" in the park-like area just east of "new" office building for a catered Bono's BBQ dinner and enjoy music and dancing with the Crooked Creek band until 1 Opm. MiLB has reviewed this request and has confirmed stadium availability as of this date. The Youth Guidance Division also requests use of the county's stage and 4 tower lights to be coordinated with the Parks Division of General Services.

Section 6.04 of the Facility Use Agreement between the County and MiLB allows the County use of the facility for up to ten days armually, exclusive of the "Harvest Festival". Any expenses associated with the use will be the responsibility of the User Group. The group will also provide a $1,000,000 liability policy naming Indian River County and MiLB as additional insured. The User Group has requested waiver and deletion of the standard $10,000 security deposit required

F:\Assistant County Adrninistrator\AGENDA ITEMS\2011\12 DEC 2011\BCC Memo - Request Use of Holman Stadium for Heli-drop Ball Bash and BBQ.doc

33

CONSENT AGENDA

under Section G of the Stadium Use Agreement based upon the fact that their proceeds will benefit Youth Guidance. The User Group has also requested waiver and deletion of the alcohol prohibition required under Section E of Exhibit 1 to the standard Stadium Use Agreement. The User Group is seeking special permission to have the Vero Beach Sports Village conduct beer and wine sales at the event in accordance with state and local law. The Vero Beach Sports Village and the User Group will be responsible for all required permits and liquor liability insurance, and to arrange for any additional security necessary to responsibly conduct beer and wine sales at the event.

Staff has attached a copy of the "Indian River County Holman Stadium Use Agreement" between the County and the User Group for the Board's review and approval.

RECOMMENDATION Staff recommends that the Board grant conditional approval of the attached Agreement subject verification of the insurance requirements therein by the County Risk Manager, authorize the Chairman to sign the Agreement upon final approval of all insurance requirements by the County's Risk Manager, and grant the User Group's request for use of the stage and lights cart, with waiver of the standard security deposit and deletion of the alcohol prohibition required under Section E of Exhibit 1 to the standard Stadium Use Agreement.

Attachments:

Event description letter from "Youth Guidance Mentoring & Activities Program Youth Guidance event flier Internal Revenue 501 ( c) (3) organization documentation Articles of Incorporation County Department Internal Review sign off sheet Indian River County Holman Stadium Use Agreement


By: ---",4_,.._.,,_~:1...L!.A-'-'.'--"'="'--""""'-'---"'-Jo eph A. Baird

County Administrator

For:~ ,2(), ;}_cf//

Indian River Co.

F:\Assistant County Administrator\AGENDA ITEMS\2011112 DEC 201 l\BCC Memo - Request Use of Holman Stadium for Heli-drop Ball Bash and BBQ.doc

34

YOUTH GUIDANCE

Mentoring & Activities Program

Event Description: 1st Annual Youth Guidance Heli-Drop Ball Bash and BBQ

Date: February 11, 2012

Time: 4:00p-l0p

Estimated Attendance: 500-1000 people

Purpose of Event: To raise money to support the programs of the Youth Guidance Mentoring & Activities Program.

Mission of Youth Guidance: Youth Guidance is dedicated to enriching the lives of children in need in Indian River County through quality mentoring relationships and engagement in educational, cultural and recreational activities that promote positive development of youth in order to help them a chi eve their full potential.

For more Info about Youth Guidance see attached summary sheet or visit www.ircyouth.com.

Youth Guidance Board ofDirectors and Advisory Council Attached

Insurance: Summary of Youth Guidance liability insurance policy attached. Indian River County and MiLB t o be added as additional insureds before event.

Ticket Sales and Sponsors: $60,000

Estimated Expenses: $25,000

Fundraising Goal Net: $35,000

Should you have any questions or need anything else, please do not hesitate to call me at 770-5040.

Much gratitude for joining us in supporting the positive development of these children.

Yours In Service,

fJJwtD.wta Sdifitt ;j-0-Jtd Executive Director

PO Box 121,Vero Beach, FL 32961 1028 20th Place, Vero Beach FL 32960 Phone 772-770-5040 Fax 772-770-5042 www.ircyouth.com

35

r,, Alliance.1 l j Nonprofits u '"!!!~~~~!

ALLIANCE OF NONPROFITS FOR INSURANCE RISK RETENTION GROUP

P.O. Box 8546, Santa Cruz, CA 95061 P: (800) 359-6422 F: (831) 459-0853

I COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS !

PRODUCER: POLICYNUMBER: 2011-27326 Cima Companies, Inc. 2750 Killarney Drive Woodbridge, VA 22192-4124

NAME OF INSURED AND MAILING ADDRESS: Youth Guidance Donation Fund of Indian River County P.O. Box 121 Vero Beach, FL 32961

POLICY PERIOD: FROM 07/22/2011 TO 07/22/2012 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE

BUSINESS DESCRIPTION: Mentoring program for kids 5 to 18 years old

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY.

LIMITS OF COVERAGE:

GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS - COMPLETED OPERATIONS) PRODUCTS- COMPLETED OPERATIONS AGGREGATE LIMIT ........................... . PERSONAL AND ADVERTISING INJURY LIMIT .................................................. . EACH OCCURRENCE LIMIT ................................................................................. . DAMAGE TO PREMISES RENTED TO YOU ........................................................ . MEDICAL EXPENSE LIMIT ..................................................................................... .

ADDITIONAL COVERAGES:

SOCIAL SERVICE PROFESSIONAL LIABILITY AGGREGATE LIMIT ..•..................................................................................... EACH OCCURRENCE LIMIT ........................................................................... .

$3,000,000 $3,000,000 $1,000,000 $1,000,000

$500,000 any one premise

20,000 any one person

$3,000,000 $1,000,000

CLASSIFICATION(S) SEE ATTACHED SUPPLEMENTAL DECLARATIONS SCHEDULE G

PREMIUM $2,380

FORMS AND ENDORSEMENTS APPLICABLE TO THIS POLICY ARE INCLUDED IN COMMERCIAL LINES COMMMON POLICY DECLARATIONS

07/27/2011 BY (AUTHORIZED REPRESENTATIVE)

THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS ANO ENOORSEME.NTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.

"NOTICE : This Policy is issued by your risk retention group. Your risk retention group may not be subject to all the insurance laws and regulations of your State. State insurance insolvency guaranty funds are not available for your risk retention group." ANI - RRG - GL (02356)

36

Heli-Drop Ball Bash & BBQ

Vero Beach Sports Village 3901 26th Street, Vero Beach

February 11, 2012 4:30 to 10:00 p.m. $10,000 in Cash Prizes will be given away!!*

Grand Prize: Golf Ball closest to the target wins $5000 Second closest wins $2500, Third closest wins $1000,and

$500 each for the 4th, 5th and 6th closest winners! Admission for 1, plus 1 Heli-Drop Golf Ball: $100

Admission for 2, plus 2 Heli-Drop Golf Balls: $150 Or General Admission $25

Youth Guidance does it again!! We're shaking things up in VERO BEACH with a brand NEW FUNdraiser!! All admission includes a kickball game between City & County officials, followed by the dramatic dropping of

750 numbered golf balls from a helicopter onto the field, Bono's BBQ & live music from Crooked Creek! However, be sure to purchase a Heli-Drop ball for $100 / $150 for two, in addition to your admission for a

chance to win BIG CASH PRIZES! *Prize amount based on sale of 750 balls.

Proceeds benefit:

YOUTH GUIDANCE

Mentoring & Activities Program

FOUR WAYS TO PURCHASE TICKETS: Online: securely using Paypa/: www.ircyouth.com Call: Youth Guidance office at 770-5040 Visit us: 1028 20th Place, Vero Beach, FL 32960 Send Payment: Youth Guidance Donation Fund

P.O. Box 121, Vero Beach, FL 32961

37

INTERNAL REVENUE SERVICE DISTRICT DIRECTOR

DEPARTMENT OF THE TREASURY

l?. 0. BOX 2508 CINCINNATI, OH 45201

Date: ~a;_ l O J.1/Ub

YOUTH GUIDANCE DONATION FUND OF INDIAN RIVER COUNTY

PO BOX 121 VERO BEACH, FL 32961-0121

Dear Applicant:

Employer Identification Number: 65-0017325

DLN: 17053314867006

Contact Person: D. A.. DOWNING

Contact Telephone Number: (513) 684-3957

Our Letter Dated: August 1992

Addendum Applies: No

This modifies our letter of· the above date in which we stated that you would bsi treated as an organization that is not a private foundation until the expiration of your gdvance ruling period.

Your exE;>mpt status under section 501(a) of the Internal Revenue Code as an organization described in section 501 ( c) ( 3 J is still in effect. Based orrthe___.: information you submitted, WE;> have determined that you are not a priva~ foundati_ on within the meaning of section 509 ( a) of the Code beca~9u are an organization of the type described in section 509(al(2). v)

:. .. Granters and contributors may rely on this determination unless the

Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(2} status, a grantor or contributor may not rely on this deter.mination if he or she w<;1s in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(2) organization.

If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter.

Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records.

If you have any questions, please contact the person whose name and telephone number are shown above.

Sincerely yours,

e! ~,J.&,L ...• , ..... --flistrict Director

Letter 1050 (DO/CG)

38

I /1

,:/;--._,;. ·-. -'"

if'

,, }._,, ,·,,_ ' '. ,',.. .

INT.~R~~.h REI/ENHE SERVICE l;!IgT~I~T DIRECTOR c .. ~ 11.ao ATLANTA, GA S()301

Date: AUG 7 1992

YOUTH GUH'.1ANCE DONATION FUND OF I.ND IAN RIVER. COUNTY INC C/0 RITA J DION

PO BOX 121 vrnd BEACH,. FL 32961

Dear App Ii cant:

DEPARTMENT OF THE"TREASURV

Empl-0y11,r Identificati,,n Number: 65"00l7325

Cr.,nta~t Pers,:,n: SHARON BRAl)LEV

Contact Te I eph,:,ne Number: (404) 331-0171

Internal Revenue Code Sec ti on 501 (c) (4)

Accr.,untjl)g Period Ending: Sept;,.mber 30

Form 990 R,;,qulred: V,;,s

Addend am App I ies: \les

Based on infr.,rmati••)ll supplied, and assuming your ,,perations Hi II be as stated in your application f❖r recognition of ex,.n,ption, He have detern\ined you are e,;empt from F,.d,;,ral income tax unier section 501(a) of the h1ternal Revenue C,:,de as an organ i.zati r.,n descr i.bed in th.;, section indicated above.

Unless specifically ,;,xcepted, you are liable f,:,r taxes under the Fede1°al Insurance Contributions Act (social s.;,curity taxes) fc,r each employee to Hhom you pay $!00 ,:,r mor.;, during a ca I endar year. And., un I ess except.;,d, you a.r,~ also liabl.,;, for tax under the F.;,deral Unemployment Tax Act f,,,, each elilployee tc, Hhom you pay $!5.0 or more during a caJ.;,ndar quarter if, during the current or ptet,;,ding calendar year, you had one or mor,;,. empl,:,yees at a·ny tiine in each of 20 calendar Heeks or y,:,u pa id Hages of $1,500 or more in any calendar quarter. If you hav,;, any qu,;,stions about e>:cise, employment, or othe,· Federal tax,;,s, please addr,;,ss them to this ,:,ffic,;,.

If yc,ur sources of support, ,,r your purp,,ses, ,character, ,:,r method of operatic,n change, pl,;,ase let us ki\01, so 1,e can c,,nsider the effect of the change on your exempt status. In the case of an amendment to y,:,ur organ i zat i ona I document or bylai;s, please send us a copy of the amended document ,:,,bylaHs. Also, you should inform us c,f al I changes in your nan,e ot· address.

In ·th,;, heading ,:,f this lett,;,r He hav,;, indicated Hhether you must file Form 990, Return of Organization Exempt From Incc,me Tax. If Yes is indicated, you a re requ i l"ed to fi I e Form 990 on I y if your gross receipts each year are normally more than $2!5,000. HoHever, if you r,;,ceive a Fc,rrn 990 package in the ma i I, p I ease f i I e the return even if you do not exceed the grc,ss receipts test. If you are not r,;,quired to file, simply attach the label provided, check the box in the heading to indicate that your annua I gross receipts are norma 11 \,' $2!5,000 or less, and sign the return.

If a return is required, it must be f i I ed by the 15th day of the fifth

Letter 948(00/CG)

\

39

*

-2-

'IOUTH GUIDANCE DONATION F'UND OF

n1cmth after the end of your annua I accounting period. A pen a I ty of $10 ,; day is charged when a. ret.uyn is filed lah, u.nfess there is reasonable cause for the delay. Hoi~ever, the maMinJum penalty charg"1;'d cannot e>:ceed $!5,000 or 5 per·· cent of your gross receipts for t.he year,. Nhichev.a,r is les.s. This penalty may .also be charged if a ret.urn is not cc,mplete, so please be sure your return is complete befol'e you file it.

Yo!I. are not required to file Federal income tax returns unless y,,u are subje,ct to th&. tax on unrelated business income ulidef' section !511 of the Code. If yc,u are subj\'l'ct to this tax, y,,u must file an inc,,rae ta>: return on Form 990-f, Exempt Organization Business Income Tax Return. In th.is lett.er He are not detel'mining s'!h.et.her any of your pl'esent of proposed activities are unrelated trade o.r business as defined in section 513 of the Code.

You need an employer identi·f ication number "1.'Van If you have no employees. If an employer id,~ntificati,,n number was not entered ,,n y,,ur application, a number Hii I be assign"1.'d t,:, you and you Hi II be advised of it. Please use that number on a I l returns you f i I e and in a I I correspondence Hi th the Interna I Revenue Service.

Exemption under section !50l(c) (4) is recognized as ,:,f Apri I 14, 1987, your date of formation or incorporation, to January 28, 1992,· the effective date of your exemption under section 501(cl (3).

If He have indicated in the heading of this letter that an addendum applies, the enclc,sed addendum is an integral part of this letter.

Because this letter could help resolve any questions about your exempt status, you should keep it in your perman.ent records.

If you have any questions, please contact the person Hhose name and telephone number are shoirn in the heading c,f this letter.

yours, ~ Sincerely

~\_./o..,..,..,..0...J !.,<.,' ,.._----&-

Paul l<li II iams District Director

Letter 94$(DO/CG)

\

\ \

\

40

.. , ,. <

-3-

YOUTH GUIOANCE DONATION FUND OF

You are required to make your annual return available for public inspection for three years after the retun, is due. You are a I so required to make av,,,i I able a copy of your exempti,,n application, and supporting d,:,cuments, and this exemption letter. Fai l11re to make these documents avai !able for pub! ic inspection may subject y(,u to a pen a I ty ,:,f $10 per day for each day there is failure to coniply (up t(, a n,aximum of $5,000 in the case of an annual return). See. Internal Revenue Service Notice 88-120, 1988-2 C.B. 454, for additi-,,nal information.

If your orga;ni;:atil:-n con_d.ucts fund-raising events such as benefit dinners, aucti,,ns, memlJership drives, etc., 1-1here something of value is received in return fqr c.ontributions, yc,u can help your d,,no1·s avoid difficulties i.ith their income tax returns by assisting the.m in deter:m in i ng the proper: taK treatment of t.heir c,,ntributions. Tod,, this you sh6uld, in advance of the event., determine the fair market value ,::,f the benefit received and state it i.n y,,ur fund-raising mati?rials such as solicitation$, tickets, and receipts in stlch a Hay that yc,ur don6rs can determine ho1-1 much is deductible and INH

much is not. r.:, assist you in this, the Service has issued Pub! ication 1391, Deductibility of Payment$ Made to Charities Conducting Fund"'Raising Events. Yoa may obtain copies of PUbl ication 1391 from yc,ur lo.cal I.RS Office. Guide I ines for deductible amounts are also set forth in Revenue Ruling 67-·246, 1967-2 C.B. 1.04 and Revenue Procedure 90-12, 1990-l. C.B. 471.

41

l'IRITCLES OF INCORPOR/',TICN

OF

YOUTH GUIDANCE DONATION FUND OF INDIAN RIVER COUNTY• INC.

The mdersigned, -.acting as incorporator of a Corporation pursuant to chapter 617, Florida Statutes, adopts the following Articles of Incorporation for such corporation: ·

ARTICLE I:. NAME :::, , .. , The na:ne of the Corporation is·;

J;;:.,,,•,r, ,~

'YOUTH GUIDANCE DONATION ~~F ~IAN

RIVER COUNTY, INC. :~;:! d5 7·1 -~·-::: ,-

/\HTIClli Il: DU!lt\'l'Illi c., :-7 . .. - '..-::J

The period of duration of tl--J.s corporation is perpetual unlcisi,;.·!Ji~olved . f_;::J ~.

according to law. Corporate existence shall comnence upon the fi,ling oif these

articles.

I\RIT CJ.E I I I : PllRPCS E

The purpose or purposes for which the corporation is organized are:

Creation of a fund for donations for youth guidance.

ARTICLE IV: QUALIFICATICN.

The qualifications for members and the manrer of their .admission are

stated in reference in the by laws of the corporation.

A.'ITICLE V: lNITIAL RF.GIS1ERED OFFICE .AND AGENT

The initial registered agent and office of this Corporatioo will be ,,-

Capital Connection, Inc., Alan Neeley 226 \-l:!st Georgia Street, Tallahassee

Florida 32301. 1'he initial strL>et address of the principal office of this

Corporation in the State of Florida will be: 1512 25th Ave. Vero Beach, Fla. 32960

IN WITNESS WHEREOF,.th~ µndersigned subscriber has

executed these Articles of Incorporation this

April --~--------•-

~TATE OF FLORIDA

COUNTY OF LEO)!

1987

13th ----day of

,. :-"' .. ·: ' ., ...:...·,

,_u = .....

--:...:

,-'

Before me, a Notary Public authorized to take acknowledge

ments in the State and County set forth above, personally appear-

ed known to me and known to me to be -----------------Alan Neeley

the person who executed the foregoing ARTICLES OF INCORPORATION.

NOTARY P

My Commission Expires: SEAL

•· Uoti!ry Putut, ~tate ol flomfa Mr Commission Expire, Oct. l 1988

Bonded Jfm, h~)' f•in • ln1ur,m;~, Inc.

43

The nunber. of persoos ccrlstituting the :initial Board of Directors of the

Corporation is four •,

initially.· The lll.ll1Der of directors may be either :increased

of diminished fran tirre to time by the by-laws but shall never be less ·than tl\ree

(3). The name and street address of each person who is to serve as a m:rrber of

the initial Board of Directors is:

Rita Sauerman 1512 25th Ave, Vero Beach, Fla. 32960

Holly Steil 443 S.E. 21st Place Vero Beach, Fla. 32960

.. Jennifer Parramore 915 Jasmine Lane Vero Beach, Fla. 32960

Ed Burnett 4610 20th St. Vero Beach, Fla. 32960

ARTICLE VII : NCN ~STOCK BASIS

nus Corporaticn is or3ani.zed under a nm-stock basis.

ARTICLE VIII: DISSOUJITCN

In the event of dissolutim, the residual assets of the organizatioo will

be turned .over to ooe or m::ire organizatioos which themselves are exeupt as

organizatioos described :in Sectioos 50l(c) (3) and 170(c) (2) of the Intemal Revenui:

Code of 1954 or correspcnd:ing sections of any prior or future law, or to the

Federal. State, or Local r,ovemm:!nt for exclu~ivc public purpose.

ARTICLE IX: INCORPORATOR

The name and address of the incorporator of these Articles of Incorporation

is Capital Connection, Inc., Alan Neeley, 226 West Georgia St,, Tallahassee

Florida 32301,

ARTICLE X: AMENDMENTS

This Corporation reserves the rights to amend or repeal any provisions

of these Articles of Incorporation, or any amendment(s) hereto.

44

IN WITNESS t1JHEJREOF, the undersigned President and Secretary have

~cuted these Articles of Amendment this /Cf day of March, 1992.

STAff OF FLORIDA COUNTY OF INDL!rn 1UV'ER

Youth Guidance Donation Fund of Indian River County, Florida

By~ b/~ Rita Dion, President

By ;{§/~ Q'.%/ Hol1yste'i; Secretary

The foregoing instrument was acknowledged before me this~ day of

March, 1992, by filTA DION and HOLLY STEIL who are personally known to me or

who has produced a Florida Driver's License as identification, and who did

take an oath.

A A Co:,"- "I 1-b · , Notary Public commission Number: My commission Expires: OOTP.i-!'f f'USUC STATE {)f FLOP.IOI\

~.v c0!,ol..r1msi-:i,1 EA,,,_Ha.t t~t~ms ,:rnru, TH.l\l 1-;;1¥'..At \NS. UNI).

45

ARTICLES OF M•lENDffl:J\IT OF THE YO'[}ffl GUIDANCE DONATION FUND OF INDIAN RIVER COUNTY, me.

The undersigned, President and Secretary of the Corporation, pursuant

to chapter 617, Florida statutes, hereby amend the Articles of

Incorporation for such corporation as to. the following:

ARTICLE III: PURPOSE

Article III, entitled 'Purpose', presently provides as follows:

The purpose or purposes for which the corporation is

organized are: Creation of a fund for donations for

youth guidance.

Article III: entitled 'PURPOSE', of the existing Ar·i::icles of

Incorporation as hereinabove cited is hereby amended as follows:

ARTICLE III: PURPOSE

The purposes for which the Youth Guidance Donation Fund of Indian

River County, Inc. is organized are exclusively religious, charitable,

scientific, literary, and educational within the meaning of section

501(c)(3) of the Internal Revenue Code of 1986 or the corresponding

provision of any future United States Internal Revenue law.

Notwithstanding any other provision of these ar-i::icles, ·this

organization shall not carry on any activities not permitted to be carried

on by an organization exempt from Federal income tax under section

50l(c)(3) of the Internal Revenue Code of 1986 or the corresponding

provision of any future United states Internal Revenue law.

We, President and Secretary.of the Youth Guidance Donation Fund of

Indian River County, Inc., state under oath and acknowledge that· a

resolution setting forth the proposed amendment has been adopted by the

Board of Directors and that the Articles of Amendment were adopted by the

Board of Directors on the date of March __ , 1992. 46

' ..

RESOLU".li.'ION

RESOLVED, the Directors of the corporation considered an amendment to

the Articles of Incorporation, reviewed by the Directors.

RESOLVED, that the Board of Directors hereby accept and approve said

amendment to the Articles of Incorporation and direct that same be

furnished to appropriate agencies including the Department of State and the

Internal Revenue service.

DATED this / 7 · day of March, 1992.

Director

Directbr .

47

J:=i,. 00

Youth Guidance Board and Advisory Council thru 9/30/12 (updated 11-18-11 bsf)

Board Members Officer Profession / Affiliation Randy Tremblay Chair Preuss Appraisals, YG Mentor Jennifer Peshke Vice Chair Stewart & Evans, P.A. Patrick K. Graham Treasurer Kmetz, Nuttall, Elwell, Graham, PLLC (CPA) Evrard Spencer Secretary Computer Technology, YG Mentor Rebecca Hornbuckle Veggies of Vero, YG Mentor Cathi Bates Vendor, YG Mentor Warren Lewis Wells Fargo Securities Kevin Moree LPL Financial, Moree Principal Investment Services, Inc. YG Teen Group Mentor Deborah Polackwich Gallery 14 Lindsey Goodall Habitat for Humanity Chase Mariposa Coldwell Banker Realtor, YG Parent-Board Liaison Jackie Rossi Property Management, YG Mentor

Advisory Council Profession I Affiliation

Millicent Carpenter Gifford Youth Activity Center Cheryl Conley IRC School District, Florida Teacher of the Year - 2010 Steve Dorrance E.D., Treasure Coast Community Health Foundation Babette Flanagan Firefighter, Jewelry Designer, Sonny's server, YG Mentor Barbara Schlitt Ford Executive Dir E.D., Youth Guidance Mentoring & Activities Program Michaele Gibbons Self-employed, IRMC Volunteer, YG Mentor and Teen Group Mentor Barbara Hauptfuhrer John's Island Community Service Legaue Kristine Klose Festa Promotions Jeff Luther IRC Sheriff's Department Jade Mazarin Counselor, YG Power Mentor Bob Irish Cemex Accounts Mgr Holly Mantle Law Offices, Mantle & Vanhoose Gerry Thistle Willis of Florida Insurance

Holman Stadium Use County Department Internal Review

Preliminary Review:

Check and Initial I 'J-/('I /;; Date received

Requested date 501 c3 documentation Board of Directors listing and approval MiLB approval of requested dates Proposed budget Estimated attendance Alcohol Exemption requested Alcohol Exemption granted

Approvals:

Date

County Administrator ~/ii

Recreation J:l&'1,ft I Risk Management ia•lf(-11

Budget ~ Finance 0 County Attorney (:t-,hlf/11

Sheriff's Office l7A di \ \ Emergency Services •?..•l'<·L<

City Of Vero Beach

MiLB

Signature

Attach additional written comments if necessary

Comments*

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Indian River County Holman Stadium Use Agreement

This Holman Stadium Use Agreement ("Agreement") is made this ----,-- day of ____ _, 2011, by and between Indian River County Board of County Commissioners, a political subdivision of the State of Florida ("County") and The Youth Guidance Donation Fund of Indian River County, Inc. ("User Group").

BACKGROUND RECITALS

A. The User Group has requested the use of Holman Stadium facilities (collectively referenced as "Stadium") under the terms and conditions set forth in the Indian River County Holman Stadium Use Guidelines, attached to this Agreement as Exhibit 1 and incorporated herein in its entirety by this reference and under the terms and conditions set forth in this Agreement.

B. The County will allow the User Group to use the Stadium under the terms and conditions set forth in Exhibit 1 and under the terms and conditions set forth in this Agreement.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties agree as follows:

1. PERIOD OF USE. This Agreement shall be in force February 11, 2012, and includes all setup and clean up time.

2. NUMBER OF PARTICIPANTS EXPECTED. User Group estimates that the number of participants expected at the event is from 500 up to seating capacity of 6,500.

3. DESCRIPTION OF EVENT. User Group states that the following is an accurate description of the event: a fundraising event called "The Heli-Drop Ball Bash and BBQ". The event will begin at 4:30p with a City v. County Kickball game on the baseball field. The kickball game will be followed by the dropping from a helicopter (close to ground level, by 2nd base or in the outfield) onto the empty baseball field of 750 numbered presold golf balls. The 6 closest balls to the target (target TBD by Holman Stadium official, helicopter pilot and Youth Guidance Executive Director), will win a combined total of $10,000 in cash prizes ($5000 ball closest, $2500 ball 2nd closest, $1000 third closest, $500 4-6th closest.) Guests will move to park-like/parking area at Holman Stadium located just east of the "new" office building for a Bono's BBQ dinner and a band until 1 Op. (Event Flyer attached). The helicopter dropping of balls are well known around the country and are safe. Fundraisers who use this method can be provided as well as online video footage of such drops in the event there may be any safety concerns).

4. INSURANCE. The minimum dollar amounts and types of insurance coverages required are set forth in Exhibit 2 attached hereto and incorporated herein in its entirety by this reference. Youth Guidance does have its own comprehensive liability insurance coverage (also attached).

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5. FEES. The User Group agrees to pay all Stadium use charges as set forth in Exhibit I, including, without limitation, the charges set forth in paragraphs C, D, F, G, H, and I. Where the User Group uses the services of MiLB for parking attendants, ticket takers, security personnel, clean-up crews, or concession operations, the User Group acknowledges and agrees that the County shall cause MiLB: (i) to provide a written invoice for such services to the User, together with a courtesy copy to the County within ten (10) business days after the conclusion of the event; and (ii) to remit the net funds, if any, to the User Group. In addition, all costs for utilities and any other costs incurred by MiLB in connection with the User Group's use of the Stadium shall be set forth on the foregoing written invoice, and such costs shall also be deducted from the net funds, if any, and remitted to the User Group. Upon the County's receipt of the notice of invoice payments from MilB, the security deposit shall be returned to the User Group; provided, however, that in the event the costs invoiced by MiLB exceed the funds available, the County shall have the right to use the security deposit for such costs. In addition, the User Group agrees to be solely responsible to pay any and all additional charges required for the staging of the event.

6. INDEMNIFICATION AND WAIVER OF CLAIMS. The User Group assumes all risks and agrees to indemnify fully and save and hold harmless the County, its commissioners, officers, employees, and agents (hereinafter individually and collectively referenced as "Indemnified County Parties"), and MiLB, their respective owners, share holders, officers, employees, representatives, agents, heirs, successors, and assigns (hereinafter individually and collectively referenced as "Indemnified MiLB Parties") against all claims, losses, damages, judgments, liabilities, accidents or injuries to person(s) or property, and causes of action, including reasonable attorney's fees and court costs, arising out of, or caused directly or indirectly, by the conduct, acts, omissions, negligence, or willful misconduct of any participant in the event, the User Group, its visitors, agents, and employees. The Indemnified County Parties, and the Indemnified MiLB Parties shall not be liable for damages to, or loss of, personal property sustained by the participants in the event, the User Group, its visitors, agents, employees, or any person claiming by or through the User Group or any of the foregoing, resulting from any fire, accident, occurrence, theft, or condition in or upon the Stadium, provided such are not due to the sole negligence or willful misconduct of the Indemnified County Parties or the Indemnified MiLB Parties. This indemnification paragraph shall survive the expiration or sooner termination of this Agreement.

7. CANCELLATION. This Agreement is subject to cancellation by either the User Group or the County as set forth in Exhibit 1.

8. FACILITY UNAVAILABILITY DISCLAIMER. The County assumes no responsibility for circumstances that may require the closing of the Stadium facility due to conditions that would render it unfit for public usage due to inclement weather, state health department or other regulatory agencies requirements. In the event of such occurrence it is the responsibility of the User Group to obtain alternative facilities and the County shall have no liability whatsoever to the User Group.

9. GOVERNING LAW. The laws of the State of Florida shall govern this Agreement and any and all legal action shall be instituted in Indian River County for all state court matters and in the Southern District of Florida for all federal court matters.

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10. ENTIRETY OF AGREEMENT. The Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of this Agreement that are not contained in this Agreement. No supplement, modification, or amendment to this Agreement shall be binding unless signed in writing by the County and the User Group.

11. SEVERABILITY. In the event that any of the provisions of this Agreement are deemed unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected.

12. ASSIGNMENT. User Group shall not grant, assign, or otherwise convey to anyone any or all of its rights to use the Stadium hereunder without the prior written consent and approval of the County and MiLB. The UserGroup shall use the Stadium only in the manner contemplated in this Agreement.

13. THIRD PARTY BENEFICIARY. No person other than MiLB, the County, the Indemnified County Parties, the Indemnified MiLB Parties, and the User Group, and the successors of the User Group shall have any rights whatsoever under this Agreement.

14. ~ACKGROUND RECITALS. The Background Recitals are true and correct and form a material part of this Agreement.

15. DEFAULT. County shall have the right to terminate this Agreement and/or deny User Group use of the stadium if User Group defaults in the performance of any obligation hereunder, provided that in the event of such default, the County shall give the User Group notice of such default and twelve (12) hours to cure the default or a lesser time if appropriate to the default on the day of the event.

16. NOTICES. Any notices or other written communications from the User Group to the County shall be delivered by fax, overnight mail, hand delivery, or first class mail to the County Recreation Director. Any notices or other communications from the County to the User Group shall be delivered by fax, overnight mail, hand delivery, or first class mail to the User Group Executive Director. The names and address to be contacted are as follows:

As to the County: Indian River County Board of County Commissioners Attn: Michael C. Zito, Assistant County Administrator 1801 27th Street, Vero Beach, FL 32960-3398

As to the User Group: Youth Guidance Donation Fund of IRC Attn: Barbara Schlitt Ford, Exec. Director 1028 20th Street, Vero Beach, FL 32960

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ATTACHMENT 1

Section 6.04. The County's Use of Holman Stadium and the Practice Fields:

The County shall have the right to use Holman Stadium and/or the practice fields, for up to ten (10) days per Lease Year, together with any use associated with the community's annual "Harvest Festival" each year, at no charge to the County (other than reimbursing MiLB for any operating expenses incurred by MiLB as a result of the County's use of Holman Stadium and/or the practice fields). The dates during which the County may use Holman Stadium and/or the practice fields shall be selected by mutual agreement of the parties; provided that, if the parties cannot agree on the dates, MiLB's reasonable selection of dates shall be final and controlling. Provided, however, that MiLB will defer to the County and cooperate in scheduling and making the Facility available for the community's annual "Harvest Festival." The County may use Holman Stadium and/or the practice fields only for functions which do not directly compete with revenuegenerating events which have been otherwise arranged by MiLB. Moreover, the County's use of Holman Stadium and/or the prac;tjc;e fields must not interfere in any way with MiLB's use and quiet enjoyment of the Facility. The County shall not use or authorize the use of Holman Stadium and/or the practice fields in any manner which would have a material detrimental impact on Holman Stadium and/or the practice fields, and the County shall be and remain solely responsible for any damage or destruction to Holman Stadium and/or the practice fields by the County or its assignee. The County, or its assignee, shall be entitled to retain the revenues from ticket sales for its events, and concessions sold during the events when Holman Stadium and/or the practice fields are utilized by the County; provided, however, that although MiLB covenants to cooperate with the County in such endeavors, MiLB shall not be required to provide concession management services and/or any other related services during any County event. In all cases, MiLB shall be reimbursed by the County for any op.erating costs and expenses incurred by MiLB as a result of the County's use of Holman Stadium and/or the practice fields, including, but not limited to, the cost of any parking attendants, ticket takers, security personnel, clean-up crews, and the like provided by MiLB. Prior to using Holman Stadium and/or the practice fields as provided herein, the County shall cause MiLB to be named as an additional insured on the County's general liability insurance policy and shall deliver to MiLB a certificate of insurance which verifies the existence of the policy and the fact that MiLB is named as an additional insured.

Lease Year means a twelve-month period commencing on May 1st of any calendar year of the Term hereof and ending on April 30th of the following calendar year; provided, however, that the first Lease Year shall commence as of the Effective Date and end on the First April 30th following the Effective Date.

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A. Eligibility:

EXHIBIT 1 Indian River County Holman Stadium Use Guidelines

(Revised 04.13.10)

Requesting user groups must be Not-for-Profit section 501(c)(3) corporations based in Indian River County and serving Indian River County residents. Eligible user groups are limited to one use per lease year, May 1 through April 30.

B. Use of Premises: Use of the Holman Stadium facilities and/or the four (4) baseball practice fields and the two (2) half baseball practice fields (collectively referenced as "Stadium") must be lawful and consistent with the use of Indian River County public facilities. In addition, use must be in compliance with section 6.04 of the Facility Lease Agreement dated April 21, 2009, between Indian River County, a political subdivision of the State of Florida, and MiLB Vero Beach LLC, a Florida limited liability company ("MiLB"), a copy of which section is attached hereto as Attachment 1 and incorporated herein in its entirety by this reference. Requested use and dates must not conflict with scheduled facility use by MiLB, Indian River County scheduled events, or events sponsored by the Treasure Coast Sports Commission. User group shall not exclude from participation in, deny the benefits of, or otherwise subject anyone to discrimination in, the use or operation of the Stadium for the event on the basis of age, sex, disability, race, color, national origin, religion, or ancestry.

C. Security: Security will be provided by the Indian River County Sheriff's Office or the Vero Beach Police Department and MiLB. The security provisions must have- the prior written approval of both MiLB and either the Indian River County Sheriff's Office or the City of Vero Beach Police Department, as applicable. The user group shall be solely responsible for all costs associated with security and shall reimburse both MiLB for the cost of security personnel and the Indian River County Sheriff's Office or the Vero Beach Police Department, as applicable, for event security and traffic control.

D. Insurance: Insurance requirements will be determined by the County's Risk Manager based on the type of event, anticipated attendance, and any other criteria as established for the determination of appropriate coverage. The County shall notify the user group during the review process set forth in paragraph K2 of these Guidelines of the types and amounts of required insurance coverage. Indian River County and MiLB must be named as additional insureds in the policy or policies of insurance. A certificate or certificates of insurance must be delivered to both the County's Risk Manager and MiLB containing the types and amounts of the required coverage, and showing the required additional insureds no later than ten (10) business days prior to the event date. In addition, the agreement to be executed by the user group and the County shall contain an indemnity from the user group to the County and MiLB for the costs

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of any damage or destruction to the Stadium or liabilities associated with personal injury or death that occurs in connection with the use of the Stadium by the user group.

E. Jl.lsohol: User groups aro prohibited from allowing, selling, having, using, consuming, or providing, on any basis whatsoever, or allowing the sale, use, consllmption, or prevision, on any l:lasis whatsoe•ror of, any alcoholic l:leverages of any nature 1,•,ihatsoovor from, in, around, or in connection with, the Stadium or promises at any time prior, d1cJring, or after tho ovent at the Stadi1cJm or premises. A llser group that violates this restriction will be prohibited frern any future use of the Stadium.

F. Facility Use Costs: User gtbup is responsible for any and all expenses associated with the use of the Stactium, including costs imposed by MiLB for use, including, but not limited to, parking attendants, ticket takers, security personnel, clean-up crews, concession operations, and utilities, all as set forth in Attachment 1.

G. Security D.eposit: User group shall post a security deposit in the amount of a mInImum of Ten Thousand Dollars ($10,000) in the ferrn of cash, or a certified or cashier's check drawn on any United States l:lank, irrevocable direst pay letter of credit, or surety bond issued by a surety licensed to issue surety bonds in Florida and included in the most recent United States Department of the Treasury list of Acceptable Smeties, each ofthe foregoing payable to Indian River County to be held by the County, and in the case of an irrevocable direct pay letter of credit or surety bond, in ferm and substance acceptable to the County. The County reserves the right to increase the amollnt of the required security deposit due to the nature of the event, and the County shall notify the User group during the review process set forth in paragraph K2 of the Guidelines of any additlonal arnount of seollrity deposit. The User Group shall deliver the security deposit to the County Office of Management & Budget no later than ten (1 Q) business days prior to the event date and, if applicable, m(ecute a sash escrow agreement between the County and the User Group, in ferrn and substance acceptable to the County, at the time the security deposit is tendered.

H. Facility Preparation and Cleanup: The user group is responsible for all costs associated with the Stadium cleanup and field restoration as set forth in Attachment 1. MiLB must approve cleanup and restoration. If the user group should fail to restore the Stadium facility and grounds, MiLB will have the authority to initiate cleanup and restoration, and any additional costs will be the sole responsibility of the user group, as set forth in Attachment 1. The County reserves the right to deduct any such additional costs from the security deposit.

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I. Television Rights: Any recording or taping of the event must have the prior written approval of both MiLB and the County, which consent may be granted, denied, or conditioned by either the County or MiLB at their sole respective discretion. Nothing contained herein shall be deemed or construed to require approval by either the County or MiLB of any recording or taping of the everit.

J. Concessions: Concession sales and operations must have the prior written consent of MiLB which consent may be granted, denied, or conditioned by MiLB in its sole discretion. The user group will reimburse MiLB for any concession service costs incurred by MiLB, as set forth in Attachment 1.

K. Procedures: 1. A written request must be submitted by the user group's chief executive officer or

board of directQrs to the County Administrator or his designee at least ninety (90) days in advance of the requested use date. The request must include the following: requested date(s) of use, type of event, estimated attendance, purpose, proof of non-profit status, and a listing of current board of directors and executive director. The County will coordinate with MiLB to seek the written approval of the availability of the date(s) from MiLB.

2. Review and approval shall include: County Administrator, Recreation Department, Risk Management Department, Budget Department, County Attorney and Finance Department, and the Indian River County Sheriffs Office or the Vero Beach Police Department. Additional information may be requested during the review process, including, without limitation, proposed budget and estimated expenses and revenues for the event. It is the responsibility of the requesting user group to secure all appropriate approvals.

3. After the County Administrator or designee review, the user group will be notified in writing, within thirty (30) business days after the date the request was submitted, of the status of the request; the amount of the required security deposit; the types and amounts of required insurance coverages; and the date the request will be submitted for County Commission consideration. The County Administrator or designee will submit the request to the County Commission. The County Commission may approve, approve with conditions or deny the request. The approval or disapproval is at the sole discretion of the County Commission.

4. Execution of an agreement between the County and the user group with respect to the use of the Stadium; submission of proof of ability to obtain the required insurance coverages; delivery of security deposit, and, if applicable, execution of a cash escrow agreement between the County and the user group; and delivery of certificates of required insurance coverages.

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L. Fiscal Reports: Within thirty (30) business days after the event, a summary of expenses, revenues, and estimated attendance signed by the executive director and the chairperson of the user group's board must be submitted to the County Administrator or his designee. In addition, the user group shall submit fully executed copies of any agreements that user group has obtained in connection with the event between the user group and MiLB and any other vendor or provider of food and merchandise concessions, beverages, and other items associated with the event.

M. No County Funding: County contribution is use of the Stadium on the date or dates requested by the user group. No County funding of any nature whatsoever, cash or in-kind, will be provided.

N. Permits: Any and all required permits and licens.es afld associat.ed costs for use based on the Indian River County Code of Ordinances, Health Department or any other regulatory authorities are the sole responsibility of the user group. Proof of permits must be provided no later than thirty (30) calendar days prior to the requested use date to the County Administrator or his designee. Failure to provide proof of required permits authorizes the County to remedy the situation including up to termination of the requested use. Any expenses incurred by the user group associated with the use of the stadium facilities prior to the time of termination of the requested use pursuant to this paragraph are the sole responsibility of the user group.

0. Cancellation of event The County, in a declared emergency, may cancel the event at its sole discretion. If the user group proposes to cancel the use after the County Commission has approved the application and reserved the date(s), the user group must notify the County Administrator or his designee and MiLB in writing as soon as possible prior to the scheduled date of use.

P. Discretion The County Administrator shall have discretion to waive any procedural, time period or other such requirement of the Use Guidelines when he/she determines that such waiver is in the best interests of the County. ·

Q. Remedies Failure of the user group to comply with the terms of the agreement authorizes the County to cancel the event up to the date of the scheduled event, and may prohibit the use of the Stadium by the user group for future events at the sole discretion of the County.

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EXHIBlT2

l~~SURANCE REQUIREMENTS

. . . .

Commercial General Liability wilh minimum combined single limit of ),1,000,000 per occurrence for bodily injury nnc\ properly damage to include coverage lor premisos/operalions, products/completed operations, cor1lractual liability and· independent contractors .. Workers' compensation lo meet statLIlory. limils in co111pliance with lhe Workers' Compensation law of· Flo rid a Emd Employer's Liability of $100,000 for each accident, $500,000 disease (policy limits) and $100,000 disease (eacl1 employee). BusinGss Auto Liability (if vehicles are involved) with $1,000,000 combined single limit per occurrence c6\/8rage for · bodily injury and properly damage. Indian River County is to be an aclditio1ial insured 1or CGL and BAL. Mi LB wili also be named as a1i aclclitionc1! insured on these policies.

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IN WITNESS WHEREOF, the County and the User Group have caused this Agreement to be executed in their respective names as of the date set forth above.

USER GROUP: INDIAN RIVER COUNTY, FLORIDA:

By: Gary Wheeler, Chairman

·ciency:

'J ~ounty Attorney

APPROVAL BY MILS VERO BEACH. LLC. SOLELY AS TO THIRD PARTY BENEFICIARY PROVISIONS MILS VERO ACH, LLC

By:

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59

INDIAN RIVER COUNTY, FLORIDA

MEMORANDUM

TO: Joseph A. Baird County Administrator

Robert M. Keating, AIC Conununity Developmen Dir

FROM: Sasan Rohani, AICP "::J' ;;(. Chief, Long-Range Planning


CONSENT

SUBJECT: REQUEST FOR AUTHORIZATION FOR THE COALITION FOR ATTAINABLE HOMES, INC. TO TRANSFER DONATED COUNTY OWNED SURPLUS PROPERTIES TO HABITAT FOR HUMANITY, INC. FOR THE PROVISION OF AFFORDABLE HOUSING

It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 20, 2011.

BACKGROUND

In 2006, the legislature passed HB 1363 relating to affordable housing. One provision of that bill is that each local government must prepare an inventory of all real property that it owns within its jurisdiction that is appropriate for use as affordable housing.

According to Section 125.379, Florida Statutes, each county shall, by July 1, 2007, and every 3 years thereafter, prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable housing. The inventory list must include:

• Address of each parcel • Legal description of each parcel (property tax I.D. number)

60

• Indication if the property is vacant or improved • Indication if the property is appropriate for affordable housing

Pursuant to Section 125.379 (I), F.S., the governing body of the county must review the inventory list at a public hearing and may revise the list at the conclusion of the public hearing. The Board shall then adopt a resolution that includes an inventory list of county owned properties that are appropriate for affordable housing.

The properties on the list that are identified as appropriate for use as affordable housing may be:

• Sold to generate funds for the provision of affordable housing • Sold with a restriction that requires the development of the property as permanent affordable

housing, or • Donated to non-profit housing organizations for the construction of permanent affordable

housing


In 2007, staff used County Property Appraiser data as a base and conducted a search for county owned properties. That search yielded a total of 441 county owned properties. After extensive research and coordination with other departments, planning staff identified the designated use for each of the properties on the list. Many of those properties were purchased by the county for right-of-way, stormwater, conservation, or other county related uses. Other properties are park sites in various subdivisions that were dedicated to the county through the platting process. Based on its research, staff determined that only 10 out of the 441 parcels on the original list were not designated for any specific public use.

On June 19, 2007, the Board of County Commissioners held a public hearing and adopted Resolution 2007-068. That resolution identified the 10 properties that were determined to be appropriate for the provision of affordable housing. The Resolution also directed the General Services Director to offer those properties to non-profit housing organizations with established community land trusts for the provision of affordable housing.

Consistent with the Board's direction, the General Services Director offered the surplus properties to non-profit housing organizations with established community land trusts. Despite that offering, no qualified non-profit housing organization applied for the lots. Eventually, the Board decided to donate the lots to non-profit housing organizations without established community land trusts.

In 2009, the county donated two properties to Habitat for Humanity, four properties to Every Dream Has A Price, and 3 properties to the Coalition for Attainable Homes for the construction of affordable housing units for very low and low income households. As of this time, Habitat for Humanity has built 3 units on its donated properties; Every Dream Has A Price returned 2 of its properties to the county and is currently building a duplex on another one, while the Coalition for Attainable Homes has not initiated construction on any of its lots.

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For all three non-profits which received donated lots, the County included a deed restriction in the property transfer which required the non-profit to build affordable housing for very low and low income households on its lots within three years. In the Coalition for Attainable Homes case, that provision was incorporated in Exhibit B of the deed for each lot. With that three year timeframe set to expire soon, the Coalition for Attainable Homes recently informed the county that it will not be able to utilize its three lots and indicated that it wishes to return the three lots to the county. Those three properties are:

• 4716 33 rd Avenue (in Smith Plaza subdivision)/32-39-22-00007-0090-00009.0 • 1865 38th Place (in Geoffrey's subdivision)/32-39-26-00010-0080-00110.0 • 1855 38th Place (in Geoffrey's subdivision)/32-39-26-00010-0080-001 l 1.0

Since then, staff has coordinated with Habitat for Humanity and determined that Habitat is interested in obtaining the Coalition's three lots in order to build affordable housing for very low and low income households. Because Habitat is interested in the three lots that were previously donated to the Coalition by the county, staffs position is that the Coalition may convey the lots directly to Habitat, without the county taking ownership of the properties. For that transfer to occur, however, the Board of County Commissioners will need to authorize the transfer and will need to establish a new three year period for Habitat to build houses on those lots. To that end, staff has drafted a resolution (attached to this staff report) that authorizes the transfer and establishes a new three year period to build on those lots.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the attached resolution authorizing the Coalition for Attainable Homes, Inc. to transfer the ownership of the referenced three properties to Indian River County Habitat for Humanity, Inc., with a condition that the properties' restrictive covenants remain in place, except that Indian River County Habitat for Humanity, Inc. will have 3 years from the date of deed transfer to build affordable housing units for very low or low income households on the properties.

ATTACHMENT

1. Resolution

Indian River Co. Approved Date Approved Agenda Item:

By:OaoopbA . .£}g,p/ FIJ/d.vA'llfY.l)il) ;;:/tl//

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-Admin. ii ,, a/t/lJ ' - •,

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/I Dept. i ., , 11.k J: f"7 /2 I Risk Mgr. ' . I

F:\Community Development\COUNTY OWNED LANDS\2011- Lots from CFAH to HFH\donationofaffordablehousingsurpluslandsHFH 121311.doc

3

62

RESOLUTION NO. 2011 -

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE COALITION FOR ATTAINABLE HOMES, INC. TO TRANSER THREE DONATED COUNTY OWNED SURPLUS PROPERTIES TO INDIAN RIVER COUNTY HABITAT FOR HUMANITY, INC. FOR THE PROVISION OF AFFORDABLE HOUSING AND TO ALLOW HABITAT FOR HUMANITY 3 YEARS TO BUILD ON THOSE PROPERTIES.

WHEREAS, Section 125.379, Florida Statutes, states that by July 1, 2007, and

every 3 years thereafter, each county shall prepare an inventory list of all real property

within its jurisdiction to which the county holds fee simple title that is appropriate for use

as affordable housing;

WHEREAS, in 2007, county staff compiled a list of 441 county owned properties

and identified the designated use for each of those properties;

WHEREAS, in 2007, county staff determined that only ten (10) properties in the

list were appropriate for affordable housing;

WHEREAS, the county donated 3 of those properties to The Coalition for

Attainable Homes, Inc., with the deeds for those properties recorded in Book 2385, Pages

1947-1951; Pages 1952-1956; and Pages 1957-1961;

WHEREAS, Exhibit "B" of each property's deed to the Coalition requires the

Coalition to build affordable housing on each lot within three years of the date of the

conveyance of the lots to the Coalition;

WHEREAS, The Coalition for Attainable Homes, Inc. recently notified the

county that it is not able to utilize those froperties and wishes-to return them to ~he

' county;

., .• ".':" -~~-·-' 63


WHEREAS, Indian River County Habitat for Humanity, Inc. has indicated an

interest in obtaining those lots for building affordable housing for very low and low

income households; and

WHEREAS, Indian River County Habitat for Humanity, Inc. has the capability to

utilize those lots.

NOW THEREFORE, BE IT RESOLOVED by the Board of County Commissioners of

Indian River County, Florida that:

Section 1.

The above recitals are ratified in their entirety.

Section 2.

The Board of County Commissioners hereby authorizes The Coalition for Attainable Homes, Inc. to transfer the three properties referenced above to Indian River County Habitat for Humanity, Inc. with the properties' restrictive covenants remaining in place, except that the three year period for construction of housing units on the subject lots referenced in Exhibit B of the deed from Indian River County to the Coalition for Attainable Homes shall apply to Indian River County Habitat for Humanity, Inc. with the three year period starting on the date of the deed transfer.

The foregoing resolution was offered by Commissioner _______ , and

seconded by Commissioner ________ , and being put to a vote, the vote was

as follows:

Chairman, Gary C. Wheeler Vice Chairman, Peter O'Bryan Commissioner Wesley S. Davis Commissioner, Joseph E. Flescher Commissioner, Bob Solari

The Chairman thereupon declared the resolution duly passed and adopted this _

day of December 2011.

64


Board of County Commissioners ofindian River County

By: ___________ _ Gary C. Wheeler, Chairman

Attest by: __________ _

Jeffrey K. Barton, Clerk

Deputy County Attorney

F:\Community Development\COUNTY OWNED LANDS\201 I~ Lots from CFAH to HFH\Resolution for lot transfer between CFAH and HFH.doc

65

2034476 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN R:1VER CO FL, BK: 2385 l?G: 1947, 12/09/2009 03:34 l?M DOC STAMPS D $0.70

THIS INSTRUMENT PREPARED BY GEORGE GLENN, ASSISTANT COUNTY ATTORNEY RETURN TO: COUNTY ATTORNEY'S OFFICE

Parcel ID Number: 32-39-22-0•• 07-0090-00009.0

COUNTY DEED

THIS COUNTY DEED made and executed this 1st day of December, 2009, by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called "Grantor" or "County" to Coalition for Attainable Homes, Inc., a Florida Not-for-Profit corporation, whose address is 1717 Indian River Blvd., Suite 301, Vero Beach, FL 32960, hereinafter called "Grantee":

WIT N ES SETH:

WHEREAS, Indian River County as Grantor, pursuant to the requirements of Section 125.379 Florida Statutes, prepared a list of County-owned land appropriate for the provision of affordable housing; and

WHEREAS, Indian River County as Grantor, on June 19, 2007, following a duly noticed public hearing, adopted Resolution 2007-068, finding that certain County-owned parcels, as set forth therein, were appropriate for the provision of affordable housing; and

WHEREAS, Indian River County as Granter agreed to donate the parcels to non-profit housing organizations for the construction of homes for very-low-income and low-income households; and

WHEREAS, Grantee is a Florida non-profit corporation and a corporation organized exclusively for charitable, religious, literary, scientific, and educational purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended ("Section 501(c)(3) Entity"), and specifically organized for the purpose of building homes for very-low-income and low-income households; and

WHEREAS, Grantee has formally requested that Indian River County as Grantor donate the land conveyed herein to Grantee for the construction of homes for very-low-income and lowincome households; and

WHEREAS, Grantee acknowledges and agrees that this Deed contains restrictive covenants running with the land conveyed herein.

NOW THEREFORE, Granter, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other valuable consideration, receipt whereof is hereby acknowledged, by these presents has granted, bargained, and sold to Grantee, its successors and assigns, forever, the following described lands lying and being in Indian River County, Florida and more specifically described in Exhibit A attached hereto and made a part hereof and hereinafter referenced as the "Lot":

SUBJECT TO restrictions, reservations, covenants and easements of record, if any, to the extent that the same are valid and enforceable, and to taxes subsequent to December 31, 2009, and

SUBJECT TO that certain reversionary interest in the Granter as set forth in Exhibit "B" attached hereto and made a part hereof; and

66

BP<: 2385 PG: 1948

SUBJECT TO RESTRICTIVE COVENANTS RUNNING WITH THE LAND As to the Lot hereinabove granted, Grantee covenants and agrees, by accepting and placing this Deed of record in the public records of Indian River County, Florida, that Granter conveys the Lot to Grantee with the following restrictions ("Restrictions") that run with the land and touch and concern both the Lot and any and all single family residential dwelling units constructed on the Lot: For the purposes of this Deed, the Lot as improved with the single family residential dwelling is herein referenced as "Property":

1. Use of Property. The Property shall be used solely for residential purposes. The Property may not be used for any non-residential purposes whatsoever, except for home office uses permitted by applicable zoning regulations.

2. Definitions The following terms as used in this Deed shall have the meanings given below: 2.1. "Purchased" means by sale, court order, or other legal method of transfer or

acquisition; provided, however, that the Restrictions set forth in paragraphs 4, 5, 6, 7, and 8 shall be applicable to the inheritance of the Property by heirs of a Purchaser (who has previously satisfied the criteria set forth below).

2.2 "Purchaser' means the natural person who has or natural persons who have: (a) Purchased the Property to use and occupy as the principal residence of the household; and (b) a household Adjusted Gross Income (as defined herein) that qual"if1es as Very-Low-Income or LowIncome (as such terms are defined in Florida Statutes section 420.0004).

2.3. "Adjusted for Family Size" means adjusted in a manner which results in an income eligibility level which is lower for households with fewer than four people, or higher for households with more than four people, than the base income eligibility determined as provided in Florida Statutes section 420.0004(1) based upon a formula as established by the United States Department of Housing and Urban Development.

2.4. "Adjusted Gross Income" means all wages, income from assets, regular cash or noncash contributions or gifts from persons outside the household, and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development, Adjusted for Family Size(as defined herein), less deductions allowable under section 62 of the Internal Revenue Code. "Adjusted Gross Income" is calculated on an annual basis.

2.5. "Affordable" is defined to mean that monthly principal mortgage payments, including taxes and insurance, do not exceed 30 percent of the annual Adjusted Gross Income for a household that is Very-Low-Income or Low-Income (as such terms are defined in Florida Statutes section 420.0004)

3. Purchase of Property. The Property shall be Purchased only by Purchasers who meet the criteria set forth hereinbelow.

3.1. The Purchase price of the Property, for all sales and resales of the Property, must be Affordable (as defined herein) to the new Purchaser. The Purchaser shall have monthly mortgage payments that are Affordable (as defined herein).

3.2. The Property may not be Purchased by a Purchaser whose household Adjusted Gross Income exceeds the thresholds set forth in Florida Statutes section 420.004 for Very-Low-Income or Low-Income households.

4. Maintenance of Property. Purchaser shall maintain the exterior of the single family residential dwelling located on the Lot in good repair, including, but not limited to, painting, landscaping and lawn maintenance, as necessary. Purchaser shall maintain the Property in accordance with the applicable laws, regulations and ordinances of the County, and if applicable, the governing municipality. For so long as the original Grantee is the owner of the Lot or the Property, the maintenance obligations set forth herein are binding on Grantee.

2 67

BX: 2385 PG: 1949

5. Covenants Run with the Land. All covenants, conditions and Restrictions contained in this Deed shall be covenants running with the land, and to the fullest extent permitted by law and equity, be binding upon the Property for the benefit of and in favor of, and be enforceable by, the County against the Grantee and any party in possession or occupancy of the Property or any portion thereof. The covenants, conditions and restrictions set forth in this Deed are intended to be perpetual, but may be modified in a document in recordable form executed by the County and the Grantee, or the Grantee's successors in interest in the event that the character of the neighborhood within which the Property is located changes substantially through the passage of time

6. Property as Servient Estate. For the purposes of this instrument, the Property and all portions thereof shall be the servient tenement and the County shall be the dominant tenement. The Restrictions shall run with the Property and be binding on all persons acquiring title to the Property, or any portion thereof, and all persons claiming under them.

7. Enforcement by County. The County is the beneficiary of these Restrictions, and as such, the County may enforce these Restrictions by action at law or in equity, including without limitation, a decree of specific performance or mandatory or prohibitory injunction, against any person or persons, entity or entities, violating or attempting to violate the terms of these Restrictions.

8. Waiver; Invalidity; Construction; Venue. Any failure of the County to enforce these Restrictions shall not be deemed a waiver of the right to do so thereafter. No waiver of these Restrictions shall be effective unless contained in a written document executed by County. Any waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. If any covenant, restriction, condition or provision contained in this Deed is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of any of the other Restrictive Covenants herein contained, all of which shall remain in full force and effect. This Deed shall be construed in accordance with the laws of Florida and venue shall be Indian River County, Florida.

IN WITNESS WHEREOF, the Granter has -caused this Deed to be executed in its name by its Board of County Commissioners, acting by the Chairman of such Board, the day and year aforesaid.

Attest: J. K. Barton, Clerk

By_~~~ Deputy er.

Tom Tierney, Chairm

Dated _t_Z-~/ 1,--'--/ o-''l'-----

IND/AN RIVER

By

3 68

O") c.o

LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 22,

TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOT 9, BLOCK 9, ACCORDING TO THE PLAT OF SMITH PLAZA, PLAT BOOK 1, PAGE 18 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.

NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 6,500 SQUARE FEET, MORE OR LESS,

OR 0. 15 ACRES.

NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE

,....._

~ 0::

FLORIDA REGISTERED SURVEYOR AND MAPPER O NAMED HEREON. t:, 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS AS ~ ESTABLISHED IN CHAPTER 61G17-6, FLORIDA z ADMINISTRATIVE CODE. W

LOT 8

IMPROVED

15 30

GRAPHIC SCALE (IN FEET) 1 inch = 30 ft.

~ ::J 0

zO 0 0:: (/) w >>

3. THIS SKETCH AND DESCRIPTION AND ADJOINING ~ PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, OR RIGHT-OF-WAYS NOT SHOWN

a , v/ c / / c Cw'< AND MAY BE FOUND IN THE PUBLIC RECORDS. 4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN.

0::: ///(//>; 1'0!///// ) '0 I

/ / / / !

LEGEND & ABBREVIATIONS P.B.=PLAT BOOK PG.=PAGE

LOT 10

IMPROVED

~

I m

~ LOT 11 CL UNIMPROVED

60

LOT 19 UNIMPROVED

LOT 20 UNIMPROVED

LOT 21

UNIMPROVED

R/W=RIGHT-OF-WAY . ·,j. • .. • 0.R.B.=OFFICIAL RECORD BOOK . : .. •-srJ,,· ,; :~~t .. ,,, '-------------L.. _________ _j ____ _

~4 <:r~~~--t ... ?/ ·. ~i~-

cERT1F1CAT10N ._ - 'l!'a:-..vi,·',i1Fl'i;"·-. <-:- ,"'.cl SURVEYOR AND MAPPER IN Rt~P~~t~{~)-[:, 47TH STREET

t;· ~ • ---~':'.iiljf-,~'.)t~/t\;fi[I .. MICHAEL O'BRIEN P.S.M., c.F.M. ·-- ;'.(:_:.~'kt '.'•~·\:_jf _ 11-11S IS NOT A BOUNDARY SURVEY FLORIDA REGISTRATION NO. 6118- . ');t'<~_,_r<'1:i,,;,,t?:, ''<. SKETCH TO ACCOMPANY LEGAL DESCRIPTION INDIAl'-J RIVER COUNTY SURVl;YOR_'. ''?i",ti};-,~:•··• .;:• PREPARED FOR /NDIAN RIVER COUNTY ENGINEER/NG DEPARTMENT

NDIAN RIVER COUNTY AOM!NISTRATION 8UJLDIN1 1801 27TH S1REET

VERO BEACH, FL 32960 (772) 567-8000

·•,1M)MN11,m couNTY '""WN a-c, sEcTI0N zz .. · . . 8.ROACH

l\:\'U\'f.-</ D£PAR7M£NTOFPUBL/C WO/i'K.5' APPROVED BY, TOWNSHIP .JZS ,o,,,;..;g ENO/NEE/i'INOIJ_IVIS/ON ~- _ M_O'BRIEN .. RANGE .J9E

SKETCH AND DESCRIPTION OF LOT 9, BLOCK 9

SMITH PLAZ1 SUBD.IV/SION

l)j ~

·1 "' ' I w a,

' lJ1 £ ' ll I SJ

G'l i • !I I-'

' "' lJ1 j 0

i , 1 y • t ~ f' j

j ;

f i J! f' I , ' i , t ~ 11 f, .. ;l ,1 i • %1 ;

!, ,::·

SH~

1/ 1

B:f<: 2385 PG: 1951

EXHIBIT B

[paragraphs 1.1; 3.1; and 9.1 (a) of that certain "AGREEMENT BETWEEN INDIAN RIVER COUNTY AND COALITION FOR ATTAINABLE HOMES, INC. FOR DONATION OF SURPLUS COUNTY OWNED LANDS" by and between Granter and Grantee (therein styled "Applicant") dated as of June 2, 2009, a complete copy of which is on file with the office of the Clerk to the Indian River County Board of County Commissioners.]

1.1. Applicant shall construct and complete, through the receipt of a Certificate of Occupancy, one single family residence on each Lot within three (3) years of the date of the deed of conveyance of the Lots to Applicant. Applicant and County acknowledge and agree that one (1) of the Lots has the capacity to be subdivided into multiple Lots and each such subdivided Lot shall have one (1) single family residence on it and all such subdivided lots are, for all purposes herein, collectively included within the terms Lot and Lots. If a Certificate of Occupancy is not issued for any of the single family residences on any Lot within the referenced 3 year timeframe, the title to any such Lot shall revert to the County unless an extension of the three (3) year time frame is approved by the Indian River County Board of County Commissioners at a regularly scheduled meeting thereof.

3.1. Applicant shall maintain its existence as a not-for-profit corporation under the applicable laws of the State of Florida and its qualification as a Section 501 (c)(3) Entity during the term of this Agreement. Applicant acknowledges and agrees that, in the event (a) Applicant loses its status as Section 501(c)(3) Entity; or (b) Applicant dissolves its corporate existence, and either of the foregoing occur while Applicant is still the owner of the Lots, then all right, title and interest of Applicant in and to the Lots shall automatically terminate and be rendered null and void, and all right, title and interest in and to the Lots shall automatically vest in Indian River County, a political subdivision of the State of Florida.

9. 1. Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes section 125.379 for the construction of permanent affordable housing. Accordingly, the parties acknowledge and agree that the County's remedy for breach of this Agreement by Applicant shall be as follows:

(a) Any use of any Lot by Applicant in violation of this Agreement shall result in reversion of the Lot to the County and Applicant shall, immediately upon request of County, execute and record a Quitclaim Deed conveying such Lot to the County;

70

2034477 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN R~VER CO FL, BK: 2385 PG: 1952, 12/08/2009 03:34 PM DOC STAMPS D $0.70


Parcel ID Number: 32-39-26-00010-0080-00111.0

COUNTY DEED

THIS COUNTY DEED made and executed j_g_day of December, 2009, by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called "Grantor" or "County" lo Coalition for Attainable Homes, Inc., a Florida Not-for-Profit corporation, whose address is 1717 Indian River Blvd., Suite 301, Vero Beach, FL 32960, hereinafter called "Grantee":

WITNESSETH:


WHEREAS, Indian River County as Granter, on June 19, 2007, following a duly noticed public hearing, adopted Resolution 2007-068, finding that certain County-owned parcels, as set forth therein, were appropriate for the provision of affordable housing; and

WHEREAS, Indian River County as Granter agreed to donate the parcels to non-profit housing organizations for the construction of homes for very-low-income and low-income households; and

WHEREAS, Grantee is a Florida non-profit corporation and a corporation organized exclusively for charitable, religious, literary, scientific, and educational purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended ("Section 501(c){3) Entity"), and specifically organized for the purpose of building homes for very-low-income and low-income households; and

WHEREAS, Grantee has formally requested that Indian River County as Granter donate the land conveyed herein to Grantee for the construction of homes for very-low-income and lowincome households; and


NOW THEREFORE, Granter, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other valuable consideration, receipt whereof is hereby acknowledged, by these presents has granted, bargained, and sold to Grantee, its successors and assigns, forever, the following described lands lying and being in Indian River County, Florida and more specifically described in Exhibit A attached hereto and made a part hereof and hereinafter referenced as the "Lot":


SUBJECT TO that certain reversionary interest in the Granter as set forth in Exhibit "B" attached hereto and made a part hereof; and

71

BR: 2385 PG: 1953

SUBJECT TO RESTRICTIVE COVENANTS RUNNING WITH THE LAND As to the Lot hereinabove granted, Grantee covenants and agrees, by accepting and placing this Deed of record in the public records of Indian River County, Florida, that Granter conveys the Lot to Grantee with the following restrictions ("Restrictions") that run with the land and touch and concern both the Lot and any and all single family residential dwelling units constructed on the Lot: For the purposes of this Deed, the Lot as improved with the single family residential dwelling is herein referenced as "Property":

1. Use of Property. The Property shall be used solely for residential purposes. The Property may not be used for any non-residential purposes whatsoever, except for home office uses permitted by applicable zoning regulations.

2. Definitions The following terms as used in this Deed shall have the meanings given below: 2.1. "Purchased" means by sale, court order, or other legal method of transfer or

acquisition; provided, however, that the Restrictions set forth in paragraphs 4, 5, 6, 7, and 8 shall be applicable to the inheritance of the Property by heirs of a Purchaser (who has previously satisfied the criteria set forth below).

2.2 "Purchaser' means the natural person who has or natural persons who have: (a) Purchased the Property to use and occupy as the principal residence of the household; and (b) a household Adjusted Gross Income (as defined herein) that qualifies as Very-Low-Income or LowIncome (as such terms are defined in Florida Statutes section 420.0004).

2.3. "Adjusted for Family Size" means adjusted in a manner which results in an income eligibility level which is lower for households with fewer than four people, or higher for households with more than four people, than the base income eligibility determined as provided in Florida Statutes section 420.0004(1) based upon a formula as established by the United States Department of Housing and Urban Development.

2.4. "Adjusted Gross Income" means all wages, income from assets, regular cash or noncash contributions or gifts from persons outside the household, and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development, Adjusted for Family Size(as defined herein), less deductions allowable under section 62 of the Internal Revenue Code. "Adjusted Gross Income" is calculated on an annual basis.

2.5. "Affordable" is defined to mean that monthly principal mortgage payments, including taxes and insurance, do not exceed 30 percent of the annual Adjusted Gross Income for a household that is Very-Low-Income or Low-Income (as such terms are defined in Florida Statutes section 420.0004)

3. Purchase of Property. The Property shall be Purchased only by Purchasers who meet the criteria set forth hereinbelow.

3.1. The Purchase price of the Property, for all sales and resales of the Property, must be Affordable (as defined herein) to the new Purchaser. The Purchaser shall have monthly mortgage payments that are Affordable (as defined herein).

3.2. The Property may not be Purchased by a Purchaser whose household Adjusted Gross Income exceeds the thresholds set forth in Florida Statutes section 420.004 for Very-Low-Income or Low-Income households.

4. Maintenance of Property. Purchaser shall maintain the exterior of the single family residential dwelling located on the Lot in good repair, including, but not limited to, painting, landscaping and lawn maintenance, as necessary. Purchaser shall maintain the Property in accordance with the applicable laws, regulations and ordinances of the County, and if applicable, the governing municipality. For so long as the original Grantee is the owner of the Lot or the Property, the maintenance obligations set forth herein are binding on Grantee.

2 72

BK: 2385 PG: 1954

5. Covenants Run with the Land. All covenants, conditions and Restrictions contained in this Deed shall be covenants running with the land, and to the fullest extent permitted by law and equity, be binding upon the Property for the benefit of and in favor of, and be enforceable by, the County against the Grantee and any party in possession or occupancy of the Property or any portion thereof. The covenants, conditions and restrictions set forth in this Deed are intended to be perpetual, but may be modified in a document in recordable form executed by the County and the Grantee, or the Grantee's successors in interest in the event that the character of the neighborhood within which the Property is located changes substantially through the passage of time

6. Property as Servient Estate. For the purposes of this instrument, the Property and all portions thereof shall be the servient tenement and the County shall be the dominant tenement. The Restrictions shall run with the Property and be binding on all persons acquiring title to the Property, or any portion thereof, and all persons claiming under them.

7. Enforcement by County. The County is the beneficiary of these Restrictions, and as such, the County may enforce these Restrictions by action at law or in equity, including without limitation, a decree of specific performance or mandatory or prohibitory injunction, against any person or persons, entity or entities, violat"lng or attempting to violate the terms of these Restrictions.

8. Waiver; Invalidity: Construction·, Venue. Any failure of the County to enforce these Restrictions shall not be deemed a waiver of the right to do so thereafter. No waiver of these Restrictions shall be effective unless contained in a written document executed by County. Any waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. If any covenant, restriction, condition or provision contained in this Deed is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect the validity of any of the other Restrictive Covenants herein contained, all of which shall remain in full force and effect. This Deed shall be construed in accordance with the laws of Florida and venue shall be Indian River County, Florida.

IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed in its name by its Board of County Commissioners, acting by the Chairman of such Board, the day and year aforesaid.


By,~#

ACCEPTED: COALITION FOR ATTAINABLE HOMES, INC.

By ~ 1r{, [J,;,,o,A ,Otf.l1f~ Tom Tierney, Chr;;;;;;;{

Dated _l_'l./,~7_/ D_Cf __

APPROVED AS TO FOl!.M AND LEGAL SU~

81'~ GEORGE A. GI.INN

ASSISTANTCOUNTY ATTORNEY

3 73

-.J .,1:::1,.

LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP

32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOT 111, BLOCK 8, ACCORDING TO THE PLAT OF W.E. GEOFFREY'S SUBDIVISION, PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.

,. 30 0

I !

I -~~ L--15 30

GRAPHIC SCALE (IN FEET) 1 inch = 30 ft.

38TH PLACE (50' R/W)

60

I 1 ii i

ii j

~giTA~~11%i 1t,31ti1~~J;.'.~~R Fi&~N~R?g~IDtEs~~. -O-R-----~i--------r17,--,-7....,/,--,-~-,~-~.,...1/,--,1/....,...1/,-,7l--,,--- !I

0. 12 ACRES.

NOTES

1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ,.-._; FLORIDA REGISTERED SURVEYOR AND MAPPER ~ NAMED HEREON. 2. THIS SKETCH AND DESCRIPTION MEETS OR 0:: EXCEEDS ALL APPLICABLE REQUIREMENTS AS o ESTABLISHED IN CHAPTER 61G17-6, FLORIDA -st-ADMINISTRATIVE CODE. '---'' 3. THIS SKETCH AND DESCRIPTION AND ADJOINING W PARCELS MAY BE SUBJECT TO EASEMENTS, ~ RESTRICTIONS, OR RIGHT-OF-WAYS NOT SHOWN Q AND MAY BE FOUND IN THE PUBLIC RECORDS. > 4. THIS SKETCH AND DESCRIPTION DOES NOT 4:: REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN.

LEGEND & ABBREVIATIONS P.B.=PLAT BOOK PG.=PAGE R/W=RIGHT-OF-WAY O.R.B.=OFFICIAL RECORD BOOK

I I()) ~

LOT 109

IMPROVED

LOT 124

IMPROVED

CERTIFICATION ·•:>-· , ·•!is•~~cc.·•-·i.~,;,,.,;.gll:; ' ""'1'ii :; .. ' .• ,",$..;.,.

SURVEYOR AND MA;PER IN RESPON~I.J~> '.~'. , ~\~!i'-~ 6 Jo·"-~~\~vi•,':"·c~o .. ,.

W.E. P.B. 2,

LOT 110

UNIMPROVED

LOT 123

IMPROVED LOT 122

IMPROVED

MICHAEL· 0 ,~BRIEN P.~ c.F.M. ,;'s';Wi;U'.~S'.~~1t~~,-~; 11-11s IS NOT A BOUNDARY SURVEY FLORIDA REGISTRATION NO. 6118 .,,;: •±: ; ~'Ith<''''}:• .• ~;>J,'O"f:,: SKETCH TO ACCOMPANY LEGAL DESCRIPTION INDIAN RIVER COUNTY SURVEYOR• "t:t,,\,'-\f""':i'"):'3/',•,,:,,'.". ~•:_'":' ,--p~?-PAAED FOR INDIAN RIVER COUNITY ENGINEERING DEPARTMENT

,

I • SION

COUNTY!

LOT 112

§. ! :,

l i ;

f • l

IMPROVED i j

1 ;

' LOT 121 !

IMPROVED ! } f

1 !

'NOIAN RNER COUJ,tTY ADMINISTRATION BUJLOJN . .n,in,""u1o1~·•.· -,~:~ ~--:.' -. -:-~~-,1:·- DR4WN BY: SECTION .26 1ao1 27TH STREET ·· ~..;,,.._ .·· · ; . ·" , ... ·,:,;:._ B. ROACH ===cc..=-~ SKETCH AND DESCRIPTION OF

VERO BEACH, FL 32860 DEPARTM.=t·•:. ,:. -~i!'/?16<> APPROVED BY, TOWNSHIP JZS LOT 111, BLOCK 8 '""' 1/

(m) 557-aooo E.NG/NE.lffe/NCl~ll//$(Qt," ¥ O'BRIEN RANGE J9E W.E GEOFH/Ers SUBDMSION 1 'f"'· . .,.,,·

:~,·

ll:I !:<!

"' w a, tn

'O G) .. ,... \0 tn tn

EXHIBIT B

[paragraphs 1.1; 3.1; and 9.1(a) of that certain "AGREEMENT BETWEEN INDIAN RIVER COUNTY AND COALITION FOR ATTAINABLE HOMES, INC. FOR DONATION OF SURPLUS COUNTY OWNED LANDS" by and between Grantor and Grantee (therein styled "Applicant") dated as of June 2, 2009, a complete copy of which is on file with the office of the Clerk to the Indian River County Board of County Commissioners.)

1.1. Applicant shall construct and complete, through the receipt of a Certificate of Occupancy, one single family residence on each Lot within three (3) years of the date of the deed of conveyance of the Lots to Applicant. Applicant and County acknowledge and agree that one (1) of the Lots has the capacity to be subdivided into multiple lots and each such subdivided Lot shall have one (1) single family residence on it and all such subdivided lots are, for all purposes herein, collectively included within the terms Lot and Lots. If a Certificate of Occupancy is not issued for any of the single family residences on any Lot within the referenced 3 year timeframe, the title to any such Lot shall revert to the County unless an extension of the three (3) year time frame is approved by the Indian River County Board of County Commissioners at a regularly scheduled meeting thereof.

3.1. Applicant shall maintain its existence as a not-for-profit corporation under the applicable laws of the State of Florida and its qualification as a Section 501 (c)(3) Entity during the term of this Agreement. Applicant acknowledges and agrees that, in the event (a) Applicant loses its status as Section 501 (c)(3) Entity; or (b) Applicant dissolves its corporate existence, and e~her of the foregoing occur while Applicant is still the owner of the Lots, then all right, title and interest of Applicant in and to the Lots shall automatically terminate and be rendered null and void, and all right, title and interest in and to the Lots shall automatically vest in Indian River County, a political subdivision of the State of Florida.

9.1. Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes section 125.379 for the construction of permanent affordable housing. Accordingly, the parties acknowledge and agree that the County's remedy for breach of this Agreement by Applicant shall be as follows:


75

2034478 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN R~VER CO FL, BK: 2385 PG: 1957, 12/08/2009 03:34 PM DOC STAMPS D $0.70

---- ·---········-··


Parcel ID Number: 32-39-26-00010-0080-00110.0

COUNTY DEED

THIS COUNTY DEED made and executed this 1st day of December, 2009, by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called "Grantor" or "County" to Coalition for Attainable Homes, I-nc., a Florida Not-for-Profit corporation, whose address is 1717 Indian River Blvd., Suite 301, Vero Beach, FL 32960, hereinafter called "Grantee":

WITNESS ETH:


WHEREAS, Indian River County as Grantor, on June 19, 2007, following a duly noticed public hearing, adopted Resolution 2007-068, finding that certain County-owned parcels, as set forth therein, were appropriate for the provision of affordable housing; and

WHEREAS, Indian River County as Grantor agreed to donate the parcels to non-profit housing organizations for the construction of homes for very-low-income and low-income households; and

WHEREAS, Grantee is a Florida non-profit corporation and a corporation organized exclusively for charitable, religious, literary, scientific, and educational purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended ("Section 501(c){3) Entity"), and specifically organized for the purpose of building homes for very-low-income and low-income households; and

WHEREAS, Grantee has formally requested that Indian River County as Grantor donate the land conveyed herein to Grantee for the construction of homes for very-low-income and lowincome households; and


NOW THEREFORE, Grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00), and other valuable consideration, receipt whereof is hereby acknowledged, by these presents has granted, bargained, and sold to Grantee, its successors and assigns, forever, the following described lands lying and being in Indian River County, Florida and more specifically described in Exhibit A attached hereto and made a part hereof and hereinafter referenced as the "Lot":


SUBJECT TO that certain reversionary interest in the Grantor as set forth in Exhibit "B" attached hereto and made a part hereof; and

76

BR: 2385 PG: 1958

SUBJECT TO RESTRICTIVE C VENANTS RUNNI G WITH THE LAND As to the Lot hereinabove granted, Gra tee covenants an agrees, by accepting and placing this Deed of record in the public records of dian River Count , Florida, that Grantor conveys the Lot to Grantee with the following restrictio s ("Restrictions") hat run with the land and touch and concern both the Lot and any and all sin le family residenti I dwelling units constructed on the Lot: For the purposes of this Deed, the Lot as improved with he single family residential dwelling is herein referenced as "Property":

1. Use of Property. The Property shall e used solely for r sidential purposes. The Property may not be used for any non-residential purp ses whatsoever, e cept for home office uses permitted by applicable zoning regulations.

2. Definitions The following terms as us d in this Deed shal have the meanings given below: 2.1. "Purchased" means by s le, court order, r other legal method of transfer or

acquisition: provided, however, that the estrictions set fo h in paragraphs 4, 5, 6, 7, and 8 shall be applicable to the inheritance of th Property by heir of a Purchaser (who has previously satisfied the criteria set forth below). t

2.2 "Purchaser" means the nat ral person who h s or natural persons who have: (a) Purchased the Property to use and occ py as the principal residence of the household; and (b) a household Adjusted Gross Income (as d fined herein) that qualifies as Very-Low-Income or LowIncome (as such terms are defined in Flo ida Statutes section 420.0004).

2.3. "Adjusted for Family Size" eans adjusted in a manner which results in an income eligibility level which is lower for househ Ids with fewer tha four people, or higher for households with more than four people, than the b se income eligibi ity determined as provided in Florida Statutes section 420.0004(1) based pen a formula a established by the United States Department of Housing and Urban Devel pment.

2.4. "Adjusted Gross Income" eans all wages, ncome from assets, regular cash or noncash contributions or gifts from pers ns outside the ho sehold, and such other resources and benefits as may be determined to be i come by the Unit d States Department of Housing and Urban Development, Adjusted for Family Size(as defined h rein), less deductions allowable under section 62 of the Internal Revenue Cod "Adjusted Gro s Income" is calculated on an annual basis.

2.5. "Affordable" is defined to m an that monthly p incipal mortgage payments, including taxes and insurance, do not exceed 3 percent of the nnual Adjusted Gross Income for a household that is Very-Low-Income or L w-lncome (as sue terms are defined in Florida Statutes section 420.0004)

3. Purchase of Property. The Property shall be Purchas d only by Purchasers who meet the criteria set forth hereinbelow.

3.1. The Purchase price of the P operty, for all sale and resales of the Property, must be Affordable (as defined herein) to the new Purchaser. The P rchaser shall have monthly mortgage payments that are Affordable (as defined erein).

3.2. The Property may not be Pur hased by a Purch ser whose household Adjusted Gross Income exceeds the thresholds set forth n Florida Statutes section 420.004 for Very-Low-Income or Low-Income households.

4. Maintenance of Property. Purchaser hall maintain the xterior of the single family residential dwelling located on the Lot in good repai , including, but no limited to, painting, landscaping and lawn maintenance, as necessary. Purch ser shall maintai the Property in accordance with the applicable laws, regulations and ordina ces of the Coun y, and if applicable, the governing municipality. For so long as the origina Grantee is the o ner of the Lot or the Property, the maintenance obligations set forth herein a e binding on Gran e.

2

77

BR: 2385 PG: 1959

i

5. Covenants Run with the Land. All cove~ants, conditions nd Restrictions contained in this Deed shall be covenants running with the land, ~nd to t_he fullest xtent permitted by law and equity, be binding upon the Property for the benefit/of and in favor f, and be enforceable by, the County against the Grantee and any party in pcjssession or occu ancy of the Property or any portion thereof. The covenants, conditions and restrictions set f rth in this Deed are intended to be perpetual, but may be modified in a document in recordabl form executed by the County and the Grantee, or the Grantee's successors !in interest in t e event that the character of the neighborhood within which the Property is located change substantially through the passage of time

6. Property as Servient Estate. For the p~rposes of this in !rumen!, the Property and all portions thereof shall be the servient tenement ahd the County s all be the dominant tenement. The Restrictions shall run with the Property an~ be binding on all persons acquiring title to the Property, or any portion thereof, and all persons claiming under them.

7. Enforcement by County. The County ii the beneficiary f these Restrictions, and as such, the County may enforce these Restrictions by\action at law or i equity, including without limitation, a decree of specific performance or mand~tory or prohibit ry injunction, against any person or persons, entity or entities, violating or attenilpting to violate th terms of these Restrictions.

8. Waiver; Invalidity; Construction; Venue. : Any failure of th County to enforce these Restrictions shall not be deemed a waiver of the right td> do so thereafter. No waiver of these Restrictions shall be effective unless contained in a written d~cument execute by County. Any waiver shall only be applicable to the specific instance to which'it relates and sha I not be deemed to be a continuing or future waiver. If any covenant, restriction,:,condition or prov sion contained in this Deed is held to be invalid by any court of competentjurisdi!::tion, such invalid ty shall not affect the validity of any of the other Restrictive Covenants herein contained, all of whi h shall remain in full force and effect. This Deed shall be construed in accordarlce with the laws of Florida and venue shall be Indian River County, Florida.

IN WITNESS WHEREOF, the Granter ha~ caused this De d to be executed in its name by its Board of County Commissioners, acting : by the Chairma of such Board, the day and year aforesaid.


By~-# Deputy Jer

I

__K,~~~':.!l~~~c i.a(~U(Q;,\, Tom Tierney, Chairman

Dated l L-{ 7, ( D 7

3

78

-.J (0

t.,,.. -.i.----•----'-..----·--· ---· ···-·

.- ' . ' . V i;. --1 j I

--"'---j· .'; ~! j

LEGAL DESCRIPTION l i-.w-,. ._..... ··-~'""" ____ _, ; 36 0 15 30 60 .

·~ ----A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: GRAPHfC SCALE (IN FEET)

LOT 110, BLOCK 8, ACCORDING TO THE PLAT OF W.E. 1 inch = 30 ft.

GEOFFREY'S SUBDIVISION, PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.

NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 5,350 SQUARE FEET, MORE OR LESS, OR

0.12 ACRES.

NOTES

1 . THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON. 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS AS ESTABLISHED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. 3. THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, OR RIGHT-OF-WAYS NOT SHOWN AND MAY BE FOUND IN THE PUBLIC RECORDS. 4. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN.

LEGEND & ABBREVIATIONS P.B.=PLAT ~UUK PG.=PAGE R/W=RIGHT-OF-WAY 0.R.8.=0FFICIAL RECORD BOOK "·

CERTIFICATION ,··• :":;::'.;'.W-:~'ft,;;;,.--s SURVEYOR AND MAPPER IN RE~~~~~~j;,:

,-,.

~ a:::

0

""" '--'

w ::::)

z w ?1:

~ ~

38TH

W.E. P.8. 2,

LOT 109

IMPROVED

LOT 124

IMPROVED LOT 123

IMPROVED

R/W)

ISION

COUN1Y

LOT 111

UNIMPROVED

LOT 122

IMPROVED

~ ~ /) · 3, · .· 1-... ~irv~-,-il),•--•· ,<U l~~,:;'~¾:•'fu:\~t~t··.

MICHAEL O'BRIEN P.S.M.,. C,~~•7i';sl0,'Jt·:'.'n}g;;;;: _. THIS IS NOT A BOUNDARY SURVEY FLORIDA REGISTRATION NO. "15,f'f/3"/'i{:,, •·:•.:;\,. ~>\:, /",t'.J,';;:;: . . SKETCH TO ACCOMPANY LEGAL DESCRIPTION INDlAN RIVER COUNTY SURVEY@, .. :,,•::;,,.-.. •p_'..';·e1<;;'-';,r~/•:\,\,;'.· .~REPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT

ND~ RIVER COUNTY ADMINISTRATION BUILDII 1801 27TH STREET

VERO BEACH, FL 32960 (n2) ss1-sooo

,;;:•,··••"·"··0·•'=-m .. ·· -.cviJf,;;fj, ,.,." BY, sEcT10N 26

lc.,_7,/J'{Q/Jll',{l[{_ .. , B. ROACH

. ,.z.JJ!PAl/.~. )FPUB/;,{CWORKS """°"'' BY, TOWNSHIP 32S •I . EN.0~DIVISION M O'BRIEN DHrrr Mr

.• J,';_ _7.-;:.-

SKETCH AND DESC.RIP770NOF LOT 110, BLOCK 8

W.E GEOFFREYSSUBDfl/ISfON

oJ ~

! "' ~- w !

(X)

Ul

' r 'I 'U

t G'l

•

ii f-'

"' 0) 0

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" .l ' ! J I • i • I ' j i I :i' J i , ' i i f ! i i • f • i ~

1/ 1

BF:: 2385 PG: 1961

EXHIBIT B

[paragraphs 1.1; 3.1; and 9.1 (a) of that certain "AGREEMENT BETWEEN INDIAN RIVER COUNTY AND COALITION FOR ATTAINABLE HOMES, INC. FOR DONATION OF SURPLUS COUNTY OWNED LANDS" by and between Granter and Grantee (therein styled "Applicant") dated as of June 2, 2009, a complete copy of which is on file with the office of the Clerk to the Indian River County Board of County Commissioners.]

1.1. Applicant shall construct and complete, through the receipt of a Certificate of Occupancy, one single family residence on each Lot within three (3) years of the date of the deed of conveyance of the Lots to Applicant. Applicant and County acknowledge and agree that one (1) of the Lots has the capacity to be subdivided into multiple Lots and each such subdivided Lot shall have one (1) single family residence on it and all such subdivided lots are, for all purposes herein, collectively included within the terms Lot and Lots. If a Certificate of Occupancy is not issued for any of the single family residences on any Lot within the referenced 3 year timeframe, the title to any such Lot shall revert to the County unless an extension of the three (3) year time frame is approved by the Indian River County Board of County Commissioners at a regularly scheduled meeting thereof.

3.1. Applicant shall maintain its existence as a not-for-profit corporation under the applicable laws of the State of Florida and its qualification as a Section 501 (c)(3) Entity during the term of this Agreement. Applicant acknowledges and agrees that, in the event (a) Applicant loses its status as Section 501 {c)(3) Entity; or (b) Applicant dissolves its corporate existence, and either of the foregoing occur while Applicant is still the owner of the Lots, then all right, title and interest of Applicant in and to the Lots shall automatically terminate and be rendered null and void, and all right, title and interest in and to the Lots shall automatically vest in Indian River County, a political subdivision of the State of Florida.

9.1. Applicant acknowledges that the County is donating the Lots pursuant to Florida Statutes section 125.379 for the construction of permanent affordable housing. Accordingly, the parties acknowledge and agree that the County's remedy for breach of this Agreement by Applicant shall be as follows:


80

81. CONSENT AGENDA

DATE:

TO:

THROUGH:

FROM:

SUBJECT:

BACKGROUND:

INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET

PURCHASING DMSION

December 14, 2011

BOARD OF COUNTY COMMISSIONERS

.Joseph A. Baird, County Administrator 15

.Jason Brown, Director, Office of Management and Budget

.Jerry Davis, Purchasing Manager ~ Approval of Bid Award for me Bid No. 2012019 Senior Resource Association Transportation Telephone System Replacement

Bids were requested on behalf of the Telecommunications Division for a telephone system for the new Indian River County Transit Facility. This system will also provide upgrades to the existing system in use at the Senior Resource Association (SRA) locations in Vero Beach and Sebastian, enabling them to be integrated with the County's telecommunications system. Funding for the Transit Facility project is through a Federal Transportation Administration grant in the amount of $2.5 million.

BID RESULTS: Bid Opening Date: Advertising Date: DemandStar Broadcast to: Specifications Requested by: Replies:

BID TABULATION:

November 30, 2011 November 9, 2011 133 Vendors 13 Vendors Four Vendors

Boca Raton, FL Jonesboro, AR

'-I , $54,578.39 $55,940.25

Brevard Business Telephone Systems, Inc. Rocl<led e, FL $57,333.00

Shared Technologies Orlando, FL Disqualified - Disclosure Form not Notarized

PROPOSED AMOUNT:

SOURCE OF FUNDS:

$54,578.39

Account #13611041-088230-09813 (Federal/State Grants/Agencies/Comm Transport Coord/IR SRA Transit Ad:min Bldg.)

. Funding is included in the $2.5 million for the completed project.

\\Fileserver2'\Public'IPurchasing\Bids\2011-2012 FY (2012000)\2012019 SRA Phone System Upgrade\Agenda-20120 I 9.doc

81

CONSENT AGENDA RECOMMENDATION:

Staff recommends awarding this Bid to NEC Corporation of America, as the lowest most responsive and responsible bidder meeting the specifications as set forth in the 1TB.

Staff further requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency.

ATTACHMENTS: Recommendation of Award Bid Tabulation NEC Bid Sample Agreement

BY: 1 oseph A. Baird, County Administrator

~j ~:J()J/

\\Fileserver2\I'ublic\Purcbasing\Bids\201 l-2012 FY (2012000)\2012019 SRA Phone System Upgrade\Agenda-2012019.doc

82

DATE:

TO:

THRU:

FROM:

INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT

TELECOMMUNICATIONS DIVISION INTEROFFICE MEMORANDUM

DECEMBER 13, 2011

JENNIFER HYDE PURCHASING

CHRIS MORA, PUBLIC WORKS DIRECTOR

TERRY SMITH, TELECOMMUNICATIONS MANAGER 'T4-

SUBJECT: BID NO.: 2012019 PROJECT: SENIOR RESOURCE ASSOCIATION

TRANSPORTATION TELEPHONE SYSTEM REPLACEMENT

The Senior Resource Association (SRA) currently handles the Public Transportation System for Indian River County. A new transportation facility is being constructed on County land and the personnel who operate the transportation system will relocate to that new facility. There is also a transportation hub in Sebastian and many of the support functions will still be provided by personnel and equipment at the main.SRA offices on 14th Street. The existing telephone system is end of life and cannot reasonably be expanded so a new NEC networked system with processors at each of the three locations is being deployed. All costs associated with this project are to be paid for by the SRA.

This project was pre-authorized by the Board of County Commissioners on June 7, 2011, with an estimated budget of$70,000.

Four unit price bids were received and one of those was disqualified. Of the remaining three, NEC was the lowest price quoted. The final configuration may alter (reduce) the total contract amount.

NEC Co oration of America Optus Telequip

Shared Technologies

Boca Raton, FL Jonesboro, AR

Orlando, FL Disqualified -Disclosure Form

not Notarized

NEC took some exceptions to the bid specifications in the area of indemnity, insurance, and default clauses. The exceptions have been approved by Risk Management and we anticipate the County Attorney will approve as well. None of these will alter the economics and NEC is clearly the best choice economically.

83

Total funding for this project is available through the $2.5 million Transit Facility Grant. Expenditures will be from account 13611041-088230-09813.

Please proceed with award of this bid to NEC upon approval of the exceptions by the County Attorney's office and receipt of insurance.

84

INDIAN RIVER COUNTY PURCHASING DIVISION

1800 27th Street, Vero Beach, FL 32960 (772) 226~1416

BID TABULATION

Bid Opeuing Date: Time:

November 301 2011 2:00PM

Bid No.: Department:

2012019 Telecommunications

Bid Title:

Senior Resource-Association T-railsportation Telephone-System Replacement

Bid Form

Disclosure

Warranty Information

. 1:·.· ,ofal-i:n~l:a.lle'cliCost.·· . . . .

*DQ y y

*DQ y y

*DQ y y

---,' .---'

::::> __ ,(_,\_·.:', ·: __ ,-_-::-:: ·'-;·;,--· ·_c.:'·•\ __ ·, --._ .· _.· '1~du41.n}rsupjiorl diD_~#fi,~dj~i'i!_ifst .'Yeil_r :

·· is4\51s;3ll · $57;333,00

C0l\1)\1EN:r8:i NEdillotedte_i:CCP_UOJlff~~erinstfflld):ruillniiiCe·;_reqUrreiiteP:ts~,;,-·: -~IJ_aredtfeehtt'ologieS/JJi§qtiillified_;~JJiscliisu_r.e,_ofdl..eljitioiiS}iiji§F,1/!___itf·n(}t::_~ta1'i;f!d_

Witness: Jerry Davis tr"" J Witness: Jennifer Hyde CX)

y

y

y

<$55;940.25

Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone (772) 226-1416 Fax (772) 770-5140

Bid Form

SRA Transportation Telephone System Replacement

Bid#:

Bid Opening Date and Time:

Bid Opening Location:

2012019

November 30, 201 I

Purchasing Division I 800 27th Street

2:00P.M.

Vero Beach, FL 32960

There will be NO SUBSTITUTION allowed for any items called out in the bid document. Only the exact items listed in the bid document will be considered for award.

In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following:

PART# QTY PLATFORM ITEMS UNIT PRICE TOTAL 670015 1 CHS2U-US 02.56 302.56 670032 2 SV8300 REMOTE-PLUS PACKAGE (64) 155.81 l11.62 670101 1 PZ-BSll 148.95 148.95 670103 2 PZ-VM21 137.32 274.64 670109 4 CD-16DLCA 256.01 1,024.04 670110 3 CD-4COTB 100.08 300.24 670114 1 CD-8LCA 256.01 256.01 670115 1 PZ-8LCE 251.36 251.36 670118 1 CD-PRTA 535.30 535.30 670123 1 CD-VMOO 512.03 512.03 670131 1 CD-PVAA 488.75 488.75 670155 1 SV8300 DUAL CPU SIP BASIC PLUS 5,143.69 5,143.69 670501 2 CHS2U JOINT BRACKET KIT 22.37 44.74 670508 3 CHS2U RACK MOUNT KIT 23.27 69.81 670510 4 CHS1U/2U WALLMOUNT KIT 93.10 372.40 670516 2 RS CONSOLE CA-A 51.20 102.40 670535 6 INSTALLATION CABLE (MODS -25) 27.93 167.58 670600 2 CHSlU INT BATT KIT 186.19 372.38 670601 4 CHS2U INT BATT KIT 111.72 ¼6.88 670604 1 CHS2U(D)INT BATT KIT 111.72 111.72 670754 80 LS-SYS-PORT CAPACITY-LlC 20.95 1,676.00 670755 6 LS-SYS-IPPAD16-L1C 100.03 500.18 670758 8 LS-EXT-IPPHONE-LlC 23.27 186.16

Page 18 of25

86

Bid Form 2012019 Bidder: NEC Corporation of America

PART# QTY PLATFORM ITEMS UNIT PRICE TOTAL

670767 2 LS-NW-REMOTE UNIT-LlC 46.55 93.10 670793 1 LKS-UMS-PORT 8-LlC 2,792.88 2,792.88 670803 1 LKS-CA-256 STATION PKG-LlC 814.59 814.59 670807 2 LKS-CA ADD REMOTE SITE-LlC 558.58 1,117.16 670816 2 LKS-PVA-CON F-PORT 8-LlC 162.92 325.84 670837 1 AKS UM-BG APP CF 698.22 ~98.22 670838 1 AKS CONF BRIDGE APP CF 93.10 93.10 670856 1 AS SV8300 SYSTEM DOCUMENTATION 6.98 S.98 670867 1 LS-SYS-DUAL CPU-LlC 558.58 558.58 670993 1 LS-SYS-R6-L1C 10.53 10.53

TOTAL PLATFORM ITEMS 20,210.42

PART# QTY APPLICATION SERVER ITEMS UNIT PRICE TOTAL 542226 1 EXPRESS5800 lUIWIN OS/BRONZE 3,488.19 3,488.19

TOTAL APPLICATION SERVER ITEMS 3,488.19

PART# QTY TERMINAL ITEMS UNIT PRICE TOTAL 680002 64 DTL-12D-1 (BK) TEL 102.33 6,549.12 680652 5 5 DESI ITLIDTL-12D (PKG 25) 11.17 55.85 690002 40 ITL-12D-1 (BK) TEL 129.33 5,173.20

TOTAL TERMINALITEMS 11,778.18

PART# QTY NEC PROVIDED SERVICES UNIT PRICE TOTAL 390000301 1 MNT SINGLE YEAR CONTRACT NO COST

TOTAL NEC PROVIDED SERVICES NO COST

PART# QTY NEC ASSOCIATE SUPPORT UNIT PRICE TOTAL 670711081 75 SVBl/83 SW PREMIUM APS 687.5

TOTAL ASSOCIATE SUPPORT J87.50

TOTAL EQUIPMENT BID $36,164.28

MISCELLANEOUS PARTS, EQUIPMENT, LABOR AND SERVICES FOR INSTALLATION NOT PREVIOUSLY ITEMIZED

TOTAL INSTALLED COST INCLUDING SUPPORT AS OUTLINED FOR FIRST YEAR

$18,414.11

$54,578.39

MAINTENANCE AFTER WARRANTY PERIOD EQUIPMENT AND LABOR PER PORT $1.60

-

TOTAL MAINTENANCE PER YEAR FOR ALL EQUIPMENT INSTALLED THIS JOB (AFTER WARRANTY PERIOD) parts and labor and SW Support

$4659.50

Page 19 of25

87

Bid Form 2012019 Bidder: NEC Corporation of America

List of Certified Technicians and Dispatch Location - Include a Minimum of Three (one must be within 50 miles) Name Certification(s) Location (City/State)

Sam Modesitt SV8300/UM8000 Vero Beach, FL

Pat Peters SV8300/UM8000 !West Palm Beach, FL

Steve Sileo SV8300/UM8000 Orlando, FL

Will your company extend these prices to other governmental agencies within the State of Florida?

Distance in miles to Transit Facility (4395 43'• Ave.)

8 miles

88 miles

100 miles

Yes[! No• The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation.

Company Name: NEC Corporation of America

Company Address: 100 I Yamato Road Suite 105

City/State .,B,.,o,,c,.a__.R,.a.,,to"-'n.,....Fl.,,o"-'n,.,· d""a'------______________ Zip Code ~3""3"'4.,,,3..,1 ____ _

Telephone: 561-989-9000 Fax: 270-721-1373

E-mail: [email protected]

Business Tax Receipt Numb1'pq5,,,0,._~_,q_,'1---~--·FEIN Number: __,2,,,0'--'-0"'6"'6"'53"'3'"7--, , /

Authorize.~ Signature: .~ ~ Date: If I ;Lf {- f I Name: -ft'71e, 1 J:...-+~-YA~(_/(_-......=..._..:.., _ _._ ___ T_it-le:-5ffl£ J r zj; /tL_c_TcK_

I (Type I Printed)

Page 20 of25

88

AGREEMENT

THIS AGREEMENT made and entered into this ____ day of _______ _

__ _, 20_, by and between ___________________ _

__ , hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the

OWNER.

WITNESSED:That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below:

Article 1. SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid # _____ _

CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for

the sum of _______________________ ($. ___ _

__ _,, all of the necessary labor, material, and equipment to perform the work described in

accordance with the Contract Documents.

Article 2. TIME OF COMPLETION

_____ Days from receipt of the Notice to Proceed.

Article 3. GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the same the time limit specified herein in accordance with the plans and specifications.

The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. The CONTRACTOR shall provide PeFformanee Bonas for aJI work in this ,'\greement All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder.

Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein.

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Article 4. QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR'S Bid Form.

Article 5. ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the tenns thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion.

The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed Asbuilt drawings of the actual construction have been furnished to the OWNER and verified.

In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER'S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract.

Article 6. THE CONTRACT DOCUMENTS The General Conditions, Special Conditions, Specifications, Bid Documents, Insurance Requirements (Exhibit A), Bonds, and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein.

Article 7. VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida.

(Contractor)

President

Witnessed by: __________ _

APPROVED Court


Approved as to Form and Legal Sufficiency

BY County Attorney

(Owner)

Indian River County, Florida

Gary Wheeler, BCC Chairman

Approved by BCC _____ _

Attest: Jeffrey K. Barton, Clerk of Circuit

By:. __________ _

Deputy Clerk

90

Date:

To:

Thrn:

From:

Subject:

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

Office of Assistant County Administrator Department of General Services

December 8, 2011


. Joseph A. Baird, County Administrator

Michael C. Zito, Assistant County Administrator/ ,./ ,/ Department of General Services ~ Acceptance of Children's Services Advisory Committee's Annual Report for October 1, 2010- September 30, 2011

BACKGROUND:

Consent Agenda

~r

Attached for your review and acceptance is the Children's Services Advisory Committee's Annual Report for 2010-2011.

RECOMMENDATION:

Staff recommends that the Board accept the Children's Services Advisory Committee's annual report.

Approved Agenda Item

BY:

FOR:

oseph A. Baird County Administrator

December 20, 2011

Indian River Co. Approved Date

Administration County Attorney Budget De artrnent Risk Maoagement

F:\Assistant County Administrator\AGENDA ITEMS\2011 \12 DEC 2011\2010-201 l Year End Monitoring-Children's Services Advisory Committee.doc

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INDIAN RIVER COUNTY

CHILDREN'S SERVICES ADVISORY COMMITTEE

ANNUAL REPORT

October 1, 2010-September 30, 2011

"Healthy Children in a Healthy Community"

Children's Services Advisory Committee of Indian River County Department of Human Services

1801 27th Street Vero Beach, Florida 32960

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TABLE OF CONTENTS

Children's Services Advisory Committee Members

Staff

Sub-Committee Members

Mission

Vision

History

Funding

Accountability

Collaboration

Purpose

Needs Assessment

Advisory Committee and Sub-Committees

Process

Overarching Goals

Agencies Funded for 2009-1 O

2010-11 Programs

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MEMBERS Peter O'Bryan, County Commissioner

Bob Pegg, Judge, 19th Circuit Miranda Swanson, Chairperson

Harry La Cava Ed. D. Vern Melvin Daryl Loar

Louis Aprile Kip Jacoby Karen Deigl Erin Grall

Judy Jones Michelle Falls

STAFF Brad Bernauer, Director Human Services

NEEDS ASSESSMENT SUB-COMMITTEE Karen Deigl, Chairperson

Michael Kint Sue Rux

Julian Keenan Julie Risedorf Bob Wilson

GRANT REVIEW & PROGRAM SUB-COMMITTEE Kip Jacoby, Chairperson

Richard Lane · Eugene Caldarone

Lou April Robert Johnson Beverly O'Neill Julie T Risedorf

Erin Grall Michelle Falls Carol Mahony

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The objective of the Children's Services Advisory Committee, working as an advisory committee to the Indian River County Commissioners, is to give Indian River County children, age 0-17, the opportunity to grow up as "Healthy Children in a Healthy Community". The term "healthy" encompasses the socioeconomic, physical, environmental, educational and behavioral aspects of a child's life.

It is also the objective to recommend a unified system of planning and delivery, within which children's needs can be identified, targeted, evaluated and addressed by Children's Services Advisory Committee, through the Board of County Commissioners.

MISSION The mission of Children's Services Advisory Committee is to facilitate and coordinate the planning and development of an effective and collaborative health and human services delivery system to meet the needs of children of Indian River County. The Children's Services Advisory Committee strongly supports cultural diversity and encourages its funded programs to demonstrate the inclusion of all children and families in program development and implementation.

VISION The efforts of the Children's Services Advisory Committee will ensure the development of a shared vision for the health and human services delivery system in Indian River County, enabling funding sources and providers to define the performance of their roles in a dynamically changing environment.

HISTORY County Ordinance #99-01 updated the Children's Services Advisory Committee on January 19, 1999. The ordinance was patterned after FL 125.901, which seeks to provide an organized framework for developmental, treatment and rehabilitative services for children.

FUNDING October 1, 2010 -September 30, 2011 was the eleventh year the Board of County Commissioners has authorized funding. The amount of funding for 2010-11 was $691,290. The program is funded through a payment of (up to) 0.125 mil of Ad Valorem Property Taxes.

ACCOUNTABILITY The Children's Services Advisory Committee is an advisory committee that is accountable to, and functions under, the direction of, Indian River County Commissioners through the Department of Human Services. The Committee is comprised of a voluntary body, appointed by the Board of County Commissioners, which carefully monitors program costs, to provide maximum benefit from the taxpayer's dollars with minimal overhead costs. Also, the committee is authorized to seek grants from State and Federal agencies, and accept donations from public and private sources.

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COLLABORATION Children's Services Advisory Committee was established as a collaborative entity with linkage to agencies and providers of children's services. It seeks to provide a unified system, without duplication of existing services. It is the policy of the Indian River County Board of Commissioners to work in a cooperative venture with (but not limited to) such entities as the United Way, for profit and not-for profit organizations, municipalities within Indian River County, the Indian River County School District and all public agencies.

PURPOSE The Children's Services Advisory Committee determined that there are children in Indian River County who have very few, or no, resources to succeed to adulthood in a safe, healthy, and productive manner. Also, family involvement must be an integral part of the program requirements, because a family in crisis produces a child in crisis.

The purpose of this project is to increase the quality of resources that are important to the community. This is accomplished by a variety of strategies. "Gaps" in services provided are pinpointed and eliminated by establishing and funding new programs. Overcrowded programs are expanded and services supplemented. Effort is taken to locate children and families who may be "slipping through the cracks" of those assistance programs already being provided. In this way the Children's Services Advisory Committee serves Indian River County by providing, or continuing to provide, improved services.

NEEDS ASSESSMENT During this reporting period, the Children's Services Needs Assessment Sub-Committee used the countywide needs assessment of the current social, health and public safety services in Indian River County to establish the Focus of Needs for 2010-11.

These are as follows:

SPECIAL NEEDS

• Programs that address the basic needs for children i.e.; food, clothing and special hardship needs.

CHILDCARE/CHILD HEAL TH & EDUCATION • Increase childcare capacities and subsidies for underserved populations, the infant and

toddler population; improve the quality of childcare programs, and increase accessibility for children from lower income families.

• Support the creation of after-school programs that enrich a child's learning environment, by offering a curriculum that includes: homework assistance, tutoring, life skills training, and other positive youth development programs.

PARENTAL SUPPORT AND EDUCATION • Target high-risk expectant and new mothers, especially older teens, to increase the

likelihood of positive health outcomes; and literacy efforts that reach pregnant women

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and mothers of young children who have less than a high school education, for the purpose of increasing their employability.

• Parenting education classes addressing how to raise a child in today's times.

MENTAL HEALTH • Expand preventative, remedial, and support programs for students with emotional,

behavioral, and performance problems; improve and enhance community-based programs that address the unique challenges of adolescents' healthy social behaviors, positive self-esteem, developing healthy relationships, and making higher education and career decisions and or other mental health issues.

DRUG ABUSE PREVENTION • Increase drug and alcohol abuse prevention program aimed at the elementary and

secondary populations.

ADVISORY COMMITTEE AND SUB-COMMITTEES All committee members and sub-committee members serve in a voluntary capacity. These members include, but are not limited to, member(s) of a Indian River County Commissioner, the Superintendent of Schools, a representative of law enforcement, a County Judge, the Administrator of the Department of Health, and a representative of the Department of Children & Families. There are also members who serve as representatives from the community.

PROCESS The Needs Assessment and Planning Sub-Committee begin the process assessing areas of Indian River County that demonstrate a need and warrant further study. The Children's Services Advisory Committee reviews the reports of both sub-committees. This report has been titled "The Children's Services Plan".

The Grant Review Sub-Committee advertises an application, titled "Requestfor Proposal" through the Indian River County Purchasing Department. The request for proposal is advertised in the Indian River County newspapers for all qualified organizations to respond; and agencies known to provide services to Indian River County children are also mailed the Request For Proposal. In the course of the year, staff encourages all area agencies to respond to the Request for Proposal.

Upon receipt of the applications, the Grant Review Sub-Committee screens these applications, interviews the applicants, and recommends funding to the Children's Services Advisory Committee. The Children's Services Advisory Committee then makes a recommendation to the Indian River County Board of Commissioners regarding the next fiscal year's funding. The program applications are considered one time a year only. The Board of County Commissioners has final approval of tax dollars spent for Children's Services.

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OVERARCHING GOALS The committee recognizes the need to emphasize improving existing systems, encouraging

. collaboration among service providers, promoting research based assessment, encouraging innovation, and facilitating greater feedback from stakeholders, professionals, and the community. Primary prevention and early intervention efforts will be prioritized as a continuum of care. Requests for proposals (RFP) must be targeted to meet the needs identified.

The overarching goals are as follows:

• Provide the children of Indian River County the skills and experiences necessary to succeed to adulthood in a safe, healthy, and productive manner.

• Support caregivers (parents) - a child's most important resource - to be and do what is needed to prepare and guide children to adulthood in a safe, healthy, and productive manner.

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The Board of County Commissioners funded 15 agencies and 20 programs during the 2008-2009 fiscal year.

Agency Name Big Brothers & Big Sisters of IRC

Boys & Girls Club of IRC

Catholic Charities -Samaritan Ctr

Child Care Resources of IRC

Dasie Bridgewater Hope Ctr, Inc

Early Learning Coalition

Exchange Club Castle

GYAC

Healthy Start of IRC

Mental Health Association

Redland Christian Migrant Assoc.

Substance Abuse Council

United for Families

Homeless Family Center

Junior League

Program Name Children of Promise

South County Club

Sebastian Club

Fellsmere Club

Samaritan Center

Children in Centers

Psychological Services

Daisy Hope Center

Childcare Local Match

Safe Families

Youth & Family Guidance

Healthy Families

TLC

Child & youth mental health

Childcare Infant/Toddler

Re Direct

Life Skills

Foster Parent Mentoring

Childcare

Whole child Connection

TOTAL

Funded $12,344

$12,344

$12,344

$19,751

$26,664

$182,699

$5,925

$55,303

$8,888

$36,540

$27,158

$35,552

$13,332

$14,813

$24,869

$107,645

$62,216

$10,863

$9,876

$12,344

$691,290

During the fiscal year of 2010-11 there were 6,480 children served. The total actual dollars

spent was $685,357.21. The cost per child was only $105. 77.

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CHILDREN'S SERVICES ADVISORY COMMITTEE PROGRAMS 2010-11

Program Descriptions

Each program funded in 2010-11 funding year has two descriptions, the Taxonomy Description and a general description. The Taxonomy description is from the Taxonomy of Human Services, a standardized national classification system that indexes community resources based on the services they provide and the target populations they serve. The Taxonomy Description eliminates duplication of services issues. For the purposes of brevity the secondary Taxonomy Description has been shortened. The general description adds information specific to each program.

Cost Per Child

Children's Services Advisory Committee funds a wide variety of programs addressing a wider variety of needs in Indian River County.

Therefore, it should be understood that the following variables affect the average cost per child:

• Some programs are provided for individuals, others are for groups. • Some programs require highly trained professionals, while other can utilize volunteers. • Some programs are residential or home visit programs; while others are day programs. • Some of the programs are single source funding and others are shared funding. • Some programs are for one occurrence, while others serve a one child the entire school

year.

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BIG BROTHERS & BIG SISTERS OF INDIAN RIVER COUNTY "Children of Prisoners to Children of Promise" (COP)

(Statistics as of 9-30-2011)

Grant: $12,344 Funds Used as of 9/30/11: $12,344 Total Children Served as of 9/30/11: 33 Total Adults Served as of 9/30/11: 46

Cost per Child: Per the Annual Report for 2010-2011 funding year, the cost per child is $500.00 per child. (This does not include parents served.)

Focus Areas Addressed: Child Care Access, Mental Wellness

Taxonomy#: PH150.500-1 O

Program Description: This community-based program provides one-to-one mentoring for children whose family member(s) are incarcerated in state or federal prison.

Collaboration: Indian River County School Board, RSVP, United Way of Indian River County, Indian River Sheriff's Dept., Our Savior Lutheran Church, Gifford Youth Activities Center, and Youth Guidance, Community Church of Vero Beach

GOALS/OUTCOMES REPORT (10/1/2010 - 9/30/11)

Outcome#1: 80% of youth who have participated in one-to-one "COP" Mentoring for five months or more will not become involved with the juvenile justice system as measured by reports obtained by DJJ every six months. Baseline: Status of youth upon entering the program.

Goal Met. Sixteen children have been mentored for five or more months. Sixteen out of the sixteen children have not become involved in the juvenile justice system. (100%)

Outcome#2: 70% of youth who have participated in one-to-one "COP" Mentoring for five months or more will demonstrate progress in academic performance as reported by the 2008-2009 IRC report cards. Baseline: Grades for enrolled boys and girls from the first grading period of the 2008-2009 school year.

Goal Met. Sixteen children have been matched for five months or more. Fifteen out of Sixteen children have demonstrated progress in academic performance. (94%)

Outcome#3: 90% of youth who have participated in one-to-one "COP" Mentoring for five months or more will improve socialization skills as indicated on the Program Outcome Evaluation. Baseline: Program Outcome Evaluation (POE) Pre-test upon entering the program.

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Goal Met. Out of the sixteen matches that have been matched for 5 months or more, twelve matches have completed the Program Outcome Evaluation. Eleven of the twelve children have improved socialization skills. (92%)

BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC

PS-980.1 - Boys/Girls Clubs. Programs that provide a wide range of supervised recreational activities and delinquency prevention services for children and youth of all ages and backgrounds, but particularly for disadvantaged youth, through membership in boys and/or girls clubs. Club members are entitled to use recreational facilities and may have access to counseling, tutorial services, employment assistance, gang programs, drug abuse and alcoholism prevention and other activities and services that direct their energies toward positive social goals and facilitate healthy personality development.

This program includes a daily after-school and summer programs for children ages 6-18. "Club" fee is $35.00 for the school year and $30.00 for summer camp. The "Five Core Program" addresses: education and career development, character and leadership development, health and life skills; the arts, and sports, fitness and recreation. During summer/winter/spring break, "all day activities" are offered 8 a.m. to 6 p.m. There is a club in South Indian River County, North (Sebastian) Indian River County, and the YVC Club in Vero Beach. Boys & Girls representatives are preparing to open a club in Fellsmere.

Grant: $12,344

Boys & Girls Clubs of Indian River County Vero Beach Branch

(Statistics as of 9/30/11)

Funds Used as of 9/30/11: $12,344 Total Children Served as of 9/30/11: 459 Registered members Cost per child $26.89

Priority Need Area Addressed: 2 - Childcare/Child Health & Education: Support of afterschool programs that enrich a child's learning environment, by offering a curriculum that includes: homework assistance, tutoring, life skills training, and other enrichment programs. 5 -Drug Abuse Prevention: Increase drug and alcohol abuse prevention program aimed at the elementary and secondary populations.

Brief Description of the Program: Taxonomy Definition PS-980.1000: Programs that provide a wide range of supervised recreational activities and delinquency prevention services for children and youth of all ages and backgrounds, but particularly for disadvantaged youth, through membership in boys and/or girls clubs. Club members are entitled to use recreational facilities and may have access to counseling, tutorial services, employment assistance, gang programs, drug abuse and alcoholism prevention and other activities and services that direct their energies toward positive social goals and facilitate healthy personality development.

Collaboration: AAU Basketball, Garden Club of IRC, March of Dimes, Mardy Fish/Jake Owen Foundation, Childcare Resources of IRC, Dogs for Life, Sebastian Clambake, Ashbury United Methodist Church, Vero Beach Postal Service, St. Francis Manor, Hibiscus Center, Habitat for Humanity, Keep Indian River Beautiful

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Comment I 2011 Monitoring: All goals/outcomes have been met except for Objective 2.

GOALS/ OUTCOMES REPORT (10/1/2010-9/30/11)

Outcome#1: By 9/30/2011 a minimum of 75% of program participants will maintain or improve their grades and behavior and will maintain an acceptable attendance record. Baseline: 2nd quarter school grades compared to 4th quarter grades. Attendance baseline will be in accordance with the School District, which is excused or unexcused absences beyond nine (9) days per semester are considered excessive.

Goal Met: 80% of members maintained or improved their grades.

Outcome#2: By 6/30/2011 80% of Program Participants will show an increase in knowledge of the dangers of alcohol, tobacco and illicit drugs use. Baseline: Pre & Post surveys and feedback from parents, staff and peers.

Goal Not Met: 78% maintained or improved their knowledge of the dangers. Goal was 80%.

Outcome#3: By 9/30/2011, 80% of program participants will show an increase in knowledge of physical fitness and how it is an essential part of life and an increased awareness for eating a variety of nutritious foods thereby increasing the likelihood of making healthy and smart food choices and reducing the likelihood of childhood/adult obesity and diabetes. Baseline: Pre & Post surveys and feedback from parents, staff and peers.

Goal Met: Goal was met with regards to high numbers of members participating in physical activity and verbalizing the importance of exercise.

Outcome#4: By 9/30/2011 80% of program participants will increase their self-awareness that they can have an impact on the community and will develop a strong sense of civic responsibility. Establish Baseline: Pre and post survey results, number of Club members participating and cumulative volunteer hours within the Club and to outside agencies as reported by the 2010-2011 year end totals.

Goal Met: Measured by increased participation at volunteer events and verbal satisfaction about giving back to community.

Grant: $12,344

Boys & Girls Clubs of Indian River County Sebastian Branch


Funds Used as of 9/30/11: $12,344 Total Children Served as of 9/30/11: 516 Registered members Cost per child $23.92

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Priority Need Area Addressed: 2 - Childcare/Child Health & Education: Support of afterschool programs that enrich a child's learning environment, by offering a curriculum that includes: homework assistance, tutoring, life skills training, and other enrichment programs. 5 -Drug Abuse Prevention: Increase drug and alcohol abuse prevention program aimed at the elementary and secondary populations.


Collaboration: HALO; St. Vincent de Paul Thrift Store; Special Olympics, Sebastian Clambake; Mobile Food Pantry/TC Food Bank

Comment I 2011 Monitoring: All goals/outcomes have been met.

GOALS/ OUTCOMES REPORT (10/1/2010- 9/30/11)

Outcome #1: By 9/30/2011 a minimum of 75% of program participants will maintain or improve their grades and behavior and will maintain an acceptable attendance record. Baseline: 2nd quarter school grades compared to 4th quarter grades. Attendance baseline will be in accordance with the School District, which is excused or unexcused absences beyond nine (9) days per semester are considered excessive.


Outcome #2: By 6/30/2011 80% of Program Participants will show an increase in knowledge of the dangers of alcohol, tobacco and illicit drugs use. Baseline: Pre & Post surveys and feedback from parents, staff and peers.

Goal Met: 96% maintained or improved their knowledge of the dangers.

Outcome# 3: By 9/30/2011, 80% of program participants will show.an increase in knowledge of physical fitness and how it is an essential part of life and an increased awareness for eating a variety of nutritious foods thereby increasing the likelihood of making healthy and smart food choices and reducing the likelihood of childhood/adult obesity and diabetes. Baseline: Pre & Post surveys and feedback from parents, staff and peers.

Goal Met: 82% maintained or improved their knowledge of healthy habits.

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Outcome#4: By 9/30/2011 80% of program participants will increase their self-awareness that they can have an impact on the community and will develop a strong sense of civic responsibility. Establish Baseline: Pre and post survey results, number of Club members participating and cumulative volunteer hours within the Club and to outside agencies as reported by the 2010-2011 year end totals.


Grant: $19,751

Boys & Girls Clubs of Indian River County Fellsmere Club


Funds Used as of9/30/11: $19,751 Total Children Served as of 9/30/11: 334 Registered members Cost per child: $59.14

Priority Need Area Addressed: 2 - Childcare/Child Health & Education: Support of afterschool programs that enrich a child's learning environment, by offering a curriculum that includes: homework assistance, tutoring, life skills training, and other enrichment programs. 5 -Drug Abuse Prevention: Increase drug'and alcohol abuse preventiori program aimed at the elementary and secondary populations.


Collaboration: City of Fellsmere; Habitat for Humanity, Mobile Food Pantry/Treasure Coast Food Bank; Fellsmere Police Department; Operation Hope.

Comment/ 2011 Monitoring: All goals/outcomes have been met.

GOALS/ OUTCOMES REPORT (10/1/2010- 9/30/11)

Outcome#1: By 9/30/2011 a minimum of 75% of program participants will maintain or improve their grades and behavior and will maintain an acceptable attendance record. Baseline: 2nd quarter school grades compared to 4th quarter grades. Attendance baseline will be in accordance with the School District, which is excused or unexcused absences beyond nine (9) days per semester are considered excessive.


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Outcome #2: By 6/30/2011 80% of Program Participants will show an increase in knowledge of the dangers of alcohol, tobacco and illicit drugs use. Baseline: Pre & Post surveys and feedback from parents, staff and peers.

Goal Met: 80% maintained or improved their knowledge of the dangers.

Outcome #3: By 9/30/2011, 80% of program participants will show an increase in knowledge of physical fitness and how it is an essential part of life and an increased awareness for eating a variety of nutritious foods thereby increasing the likelihood of making healthy and smart food choices and reducing the likelihood of childhood/adult obesity and diabetes. Baseline: Pre & Post surveys and feedback from parents, staff and peers.

Goal Met: Goal was met with regards to high numbers of members participating in physical activity and verbalizing the importance of exercise.

Outcome #4: By 9/30/2011 80% of program participants will increase their self-awareness that they can have an impact on the community and will develop a strong sense of civic responsibility. Establish Baseline: Pre and post survey results, number of Club members participating and cumulative volunteer hours within the Club and to outside agencies as reported by the 2010-2011 year end totals.


Catholic Charities of the Diocese of Palm Beach Inc. Samaritan Center

Grant: $26,664.00 Funds Used as of 6/30/11: $26,664.00 Total Children Served as of 9/30/11: 58 Cost per child: $7,312.69

Focus Area Addressed: Expand preventative, remedial and support programs for students with emotional, behavioral and performance problems. Improve and enhance community-based programs that address the unique challenges of adolescents' health social behaviors, positive self-esteem, develop healthy relationships and make positive higher education and career decisions.

Taxonomy#: Homeless Shelter BH-180.850 - Program that provides a temporary place to stay for people who have no permanent housing. Child Abuse Prevention - FN - protect children from physical, sexual and /or emotional abuse or exploitation through a variety of educational interventions which may focus on children of various ages, parents, people who work with

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children and/or parents regarding ways of avoiding or handling an abusive situation and/or information about the indicators and incidence of abuse, requirement for reporting abuse and community resources that are available to children who have been abused and to their families.

Program Description: This program is designed to offer long-term transitional housing and guidance to the homeless families in Indian River County, and prepare them to live independently. Adult clients attend budget, parenting, job and life skill training as well as Mental Health Counseling sessions, they also obtain employment and follow a four tiered level program prior to graduating the program. Children receive academic tutorial support, sessions on: behavior, self-esteem, character values, drugs and alcohol, divorce, health and hygiene, as well as attend special outings within the community.

Collaboration: The Mental Health Association and Exchange Club of I.R.C., Substance Awareness Council, Boys and Girls Club, Counseling and Recovery Center, New Horizons of the Treasure Coast, Early Learning Coalition, Habitat for Humanity, Care net Pregnancy Center, Gifford Youth Activities Center, Healthy Start Coalition / Healthy Families, Exchange Club Castle, Center for Emotional Behavioral Health, Suncoast Mental Health Association, Literary Services, and Treasure Coast Homeless Services Council.

Comment/ 2011 Monitoring: All goals/outcomes have been met.

GOALS/ OUTCOMES REPORT (10-1-10-9/30/11)

Outcome#1 Resident children who are age 4 and over will increase their self-esteem by showing an average of 5-10% increase on the self-esteem pre & post tests given at the beginning and end of each 8 week session. These sessions are done quarterly.

Goal Met: 10.06% increase.

Outcome#2 Resident children who are age 4 and over will demonstrate a 5-10% increase on their social behaviors measurement form that will be given at the beginning and end of each 8 week session. These sessions are done quarterly.

Goal Met: 6.14% increase

Outcome#3 Adult residents will increase their knowledge and skills in the area of health and safety for children by a minimum of 5-10% as evidence through a health and safety pre & post test given at the beginning and end of the 8 week parenting classes. These classes are done quarterly.

Goal Met: 13.6% increase

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Outcome#4 Seventy-five percent of resident children will increase their knowledge and skills in the area of academic performance as evidence through progress reports and report cards. Children will be evaluated during the academic year.

Goal Met: 85% of school age children have increased academic performance.

Grant: $182,699

CHILDCARE RESOURCES OF INDIAN RIVER Program: Children in Centers

(Statistics as of 9/30/11}

Funds Used as of 09/30/11: $182,699

Total Children served as of 09/30/11: 152 Cost per Child: Per the Annual Report for 2009-2010 funding year, the cost per child is $1,172.84 (This does not include parents served}.

Taxonomy numbers: NL-300.150; PH-610.150; PH-61 O

Focus Areas Addressed: Children in Centers

Program description: This program is designed to provide access to quality childcare for an at-risk segment of the population that cannot afford to pay for quality childcare. The intent is to provide school readiness skills for the children. This organization contracts with local childcare centers that meet quality criteria for the purpose of delivering quality childcare programs for working families who meet income eligibility guidelines and live in Indian River County.

Collaboration: Indian River County School District, Early Learning Coalition of Indian River, Martin and Okeechobee Counties, United Way Success By Six Committee, Mental Health Association, Economic Opportunities Council

GOALS/OUTCOMES REPORT (10/1/10- 09/30/11)

Outcome#1 75% of Childcare Resources "graduates" will leave for kindergarten with school readiness skills as determined by the United Way's Goals for the Common Good (literacy, social/emotional and cognitive skills). This will include only those children who were in the Childcare Resources program a minimum of one year.

Goal was not met. 70% of the 2011 "graduates" were deemed ready for kindergarten with a combined score on literacy, cognitive and social/emotional assessment of 75% or higher. 5 of the 6 children who scored under 75% attended a center that became poorly managed under new ownership and has gone out of business. Without those children factored in, 89% of the 2011 "graduates" were ready for kindergarten.

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Childcare Resources 2010 "graduates" scored very well on the assessments given by the school district at the start of the 2010/2011 school year. 97% of Childcare Resources "grads" were deemed ready. This was higher than both the school district average (92%) and state average (90%).

Outcome #2 85% of the children enrolled in the Childcare Resources program a minimum of one year will show progress in development in the course of the school year as measured by Speed Dial R, Katz Social/Emotional Checklist, Ages and Stages. Baseline: pre-tests administered in the fall of the 2010-2011 school year.

Goal met. 98% of the children showed appropriate developmental progress. Several children were referred to early intervention services and have been receiving speech and occupational therapy. One child was diagnosed with autism at age one and a half as a result of this referral and now receiving the appropriate treatment and support.

Outcome #3 Childcare Resources parents will maintain 100% compliance in all of areas of required parent participation during the 2010-2011 school year as measured by the parent participation log.

Goal met. 100% of the parents met or exceeded the parent participation requirements.

Grant: $5,925

CHILDCARE RESOURCES OF INDIAN RIVER Program: Psychological Services


Funds Used as of 09/30/11: $0 funding from United Way and Mental Health were utilized to provide these services.

Total children served as of 09/30/11: 7 children and 9 parents or other adults in the household Cost per child: Per the Annual Report for 2009 - 2010 funding year, the cost per child is $600.00 (this does not include parents served.) If parents receiving therapy are included, the total cost per client is $272. 72.

Focus Areas Addressed: Psychological Services

Taxonomy#: RP-450.650; RP-150.330

Program Description: This program is designed to provide access to licensed mental health professionals for those families in our program (low income, working families who live in Indian River County).

Collaboration: United Way Success by Six Committee, Mental Health Association

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GOALS/OUTCOMES REPORT (10/1/10-9/30/11)

Outcome#1 85% of individuals attending more than two therapy sessions will raise their functioning, as measured by the Global Assessment of Functioning (GAF) assessment or other screening devices (Ages & Stages, Katz Social Attributes Checklist). Only children in Childcare Resources program one full year or more will be included. Baseline: Admission GAF score, fall Ages & Stages, Katz Checklist.

As of 9/30/2011, seven children and nine adults enrolled in the Childcare Resources program received therapy through the Mental Health Association. Three of the seven children and five of the nine adults attended more than 2 therapy sessions. The outcomes for these individuals will be included in the report provided by the Mental Health Association.

DASIE BRIDGEWATER HOPE CENTER, INC. DASIE HOPE CENTER TUTORIAL PROGRAM

4TH QUARTERLY/END OF YEAR REPORT September 30, 2011

Grant: $55,303.00 Funds Used as of: 9/31/2011: $55,303.00 Total Children Served as of 9/31/2010: 92 children • Cost per child: $601.00

Focus Areas Addressed: Childcare/Child Health & Education

Taxonomy#: JR-820.650-45 Latchkey Safety Programs

Program Description: This program is designed to help educate and ensure the safety of youth who normally would have to stay unsupervised in their homes after-school or throughout the day because their parent(s) are working.

This program is designed to: Empower at risk youth with academics and social skills. Our priority is to "break the cycle of poverty" by sending kids to college, improving their academics, behavioral thought patterns and surrounding them with positive role models.

Collaboration: Youth Guidance during summer months, Indian River County School District, Disney Resort, and Treasure Coast Food Bank

CSAC Indian River County 2010-2011 End of the Year Results

Outcome# 1: Increase academic performance of enrolled youth by at least 40% during the 2010-2011 academic year. Baseline: Academic report cards.

Goal Met. Result: 95% of student's academic grades increased by one or two grades.

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Outcome#2: Decrease the number of disciplinary referrals of enrolled youth at least 60% during the program participation during the 2010-2011 academic year. Disciplinary report generated from within IRC School District. Baseline: Students report cards.

Goal Met. 1 student was referred for discipline reasons, skipping class.

Outcome #3: Decrease the number of positive drug screens of enrolled youth by at least 65% during the program participation during the 2010-2011 school year. Baseline: Status of youth upon entering program.

Goal Met. There were NO positive drug screening reports or referrals made.

Early Learning Coalition of Indian River, Martin and Okeechobee Counties, Inc.

Outcome #1:

Cumulative Report

CSAC Narrative Report 10/1/10-9/30/11

For this grant period, 653 coalition-funded children in Indian River County have been screened. Of the 653 children screened, 119 were referred for Inclusion services as a result of one or more domain of concern.

This year all school readiness children were screened using the Ages & Stages tool. We are no longer segmenting the Birth to three-year olds and the three- to five-year olds with different assessment instruments.

Outcome#2: As stated above, all school readiness children are being screened using the Ages & Stages tool. The LAP-D tool is no longer being used for screening children that are three- to five-years old. With this change, we will report results for all children in Goal #1, and will not have results for Goal#2.

Outcome#3: For this grant period, pre- and post-assessments were administered to 87 coalition-funded children in Indian River County using the E-LAP tool. Of the 87 children with ages birth through three-years old assessed, 80 children, or 92%, showed developmental progress.

Outcome#4: For this grant period, pre and post-assessments were administered to 199 coalition-funded children in Indian River County using the LAP-3 tool. Of the 199 children with ages three- to five years old assessed, 190 children, or 96%, showed developmental progress.

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GOALS/ OUTCOMES REPORT (10/1/10-9/30/11) The Early Learning Coalition of Indian River, Martin & Okeechobee Counties (ELCIRMO) achieved our goals, as follows:

Outcome#1: 85% of children enrolled in early learning programs for 9 months or more with Ages & Stages scores identifying 1 or more weak areas of development will be referred to Inclusion Specialist or appropriate entity for future evaluation.

Goal Met

Outcome#2: 85% of children 3-5 years enrolled in early programs for 9 months or more with LAP-D scores identifying 1 or more weak areas of development will be referred to Inclusion Specialist or appropriate entity for future evaluation.

No Longer Applicable (see Narrative)

Outcome #3: 75% of school readiness children 0-3 enrolled in early learning programs for 9 months or more will experience developmental progress based on their scores using the E-LAP assessment tool.

Goal Met

Outcome #4: 75% of school readiness children 3-5 enrolled in early learning programs for 9 months or more will experience developmental progress based on their scores using the LAP-3 assessment tool.

Goal Met

Grant: $36,540.00

CASTLE

Safe Families Program


Funds Used as of 9/30/2011: $36,539.51 Total Children Served as of 9/30/2011: 202 Cost Per Child: $195.74

Focus Areas Addressed: Parental Support and Education

Taxonomy#: PH-6100.3300

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Program Description: Home based parent education and support designed to prevent child abuse and neglect and help families remain intact. The Program provides long term (up to one year) intensive (at least weekly) visits from a Counselor.

This program is designed to: Teach families to reduce risk factors associated with abuse and neglect, and to increase the protective factors associated with non-abusive, caring and stable families.

Collaboration: United For Families; Children's Home Society/Family Preservation Services; Healthy Families; Department of Children and Families; Hibiscus Children's Center; Harvest Food Center.

CSAC Indian River County 2010-2011 Fourth Quarter Results

Outcome# 1: Reduce the risk factors associated with child abuse for families enrolled in Safe Families by at least Two for 95% of families who have been enrolled for at least 3 months. One of the risk factors reduced must be the same one as stated in the reason for referral. 2009/1 O baseline: 94%

Result: 100% of families reduced at least 2 risk factors

Outcome #2: Increase the protective factors associated with healthy, stable, resilient families, for families enrolled in the Safe Families program, by at least two, for 94% of families who have been enrolled for at least 3 months. 2009/10 baseline: 93%.

Result: 100% of families increased at least 2 protective factors.

Outcome#3: 96% of families who successfully complete the Safe Families program will have no confirmed reports or re-reports of abuse for up to Two years after completing services. 2009/10 baseline: 95.6%.

Result: 97.5% of families who successfully completed the Safe Families program had no reports or re-reports of abuse for up to two years after completing services.

Outcome#4: 98% of families will, after successfully completing Safe Families, show improvement on at least two of the five Scales of the AAPI test. The scales are: Appropriate Expectations, High Level of Empathy, Values Alternatives to Corporal Punishment, Appropriate Family Roles, and Values Power-Independence. 2009/10 baseline: 100%.

Result: 100% of families who have completed Safe Families improved on at least two of the five scales of the AAPI.

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Service Capacity: Through the fourth quarter (100%) of the 2010-2011 contract, Safe Families has seen:

Adults Children Families

Goal 248 170 130

Grant: $27,158.00

Actual 176 202 126

% of Goal 71%

118% 97%

Gifford Youth Activity Center 4875 43rd Avenue

Vero Beach, FL 32967 Office (772) 794-1005 • Fax (772) 569-5563

www.gyac.net

After School Education Program (ASEP) Fourth Quarter Report Statistics as 9/30//2011

Funds used as of 9/30/2011: $27,157.00 Total Children Served as of 9/30/2011: 186 Cost per Child: Per the Annual Report for 2009-201 O funding year, the cost per child is $2,250.15 per child. (This does not include parents served).

Focus Area Addressed: Childcare/Child Health & Education

Taxonomy Number: PS-9800.9900 Youth Enrichment Program

Program Description: The After School Education Program (ASEP) is an after school program for children in grades K-12. This program offers educational assistance through tutoring, homework assistance, personal growth and development, cultural, social and recreational activities.

Collaboration: School District of Indian River County, Indian River County Extension Program, Indian River County Library System, Riverside Children's Theatre, Youth Guidance, Vero Beach Museum of Art and the Indian River County Sheriffs Office.


Outcome#1 Eighty-five percent (85%) of enrolled students will complete their homework before leaving for the day as measured by homework completion log-sheets and/or teacher verification.

Goal Met-At least ninety percent (90%) of enrolled students completed their homework before leaving for the day.

Outcome#2

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Increase academic performance for 85% of participants attending at least 75% of the program by the 3rd nine-weeks of the school year as measured by pre/post tests, progress reports and/or report cards.

Goal Met- Ninety-eight percent (98%) of students increased their academic performance during the 2010-2011 school year. "

Outcome #3 To increase to 90% the number of students, enrolled for at least three semesters, who will attend a Mental Health Workshop by the end of the 2010-2011 school year as reported by attendance sheets.

Goal Met- One hundred percent (100%) of students enrolled for at least three semesters attended a mental health workshop.

Indian River County Healthy Start Coalition, Inc. Healthy Families-lRC

Statistics October 1, 2010 - September 30, 2011

Grant: $35,552 Funds Used as of 9/30/11: $35,552 (100%) Families newly enrolled in Healthy Families July 2011 - September 2011: 11 Total children served: 214 Total children and adults served October 2010 - September 2011: 433 Cost Per Child: The cost per child is $166.13. (This does not include parents served).

Focus Areas Addressed: Child Abuse Prevention; Positive Parent-Child Interaction; improve maternal and child health; increase family self-sufficiency; empowers parents; increase parenting knowledge and skills; goal setting; teach problem-solving skills; conduct screening for developmental delays; provide social support; and refer to other family support services as needed.

Taxonomy: Healthy Families-lRC program falls under two taxonomies: • PH-236.240 - Family Support Centers • PH-620.150 - Communication Training - helps parents communicate with children,

health professionals, and other parent/infant interaction skills, focusing on positive growth and development.

Program Description: Healthy Families, a nationally accredited, community-based, voluntary, home visiting program prevents child abuse and neglect. Trained paraprofessional Family Support Workers provide guidance and emotional and practical support to families in their homes. It also provides critical services to Indian River's high risk families to prevent abuse before it ever occurs. Intensive, evidenced based Healthy Families Florida services are not available through any other program in the state.

Collaboration: Healthy Families partners are Healthy Start, substance abuse and mental health providers, domestic violence shelters, workforce development centers, child care providers, faith-based organizations, and other family support programs within the community to help families' access additional services without duplication of effort.

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Comment 2011 Monitoring: It's almost time for Healthy Families programs to go through the process to get reaccredited. The Accreditation will expire December 2012.

GOALS/OUTCOMES REPORT {10/1/10-9/30/2011)

Outcome#1 To maintain the number of target children at 24 months with up-to-date well baby check-ups and immunizations at 90% as measured by Healthy Families Florida Attachment B: 24 month Well Baby Report and 24 month Immunization Report. Baseline: 2008-2009 24 month Well Baby Report and 24 month Immunization Report.

Goal has been met. We are currently at 100% for the target children having up to date well baby check-ups and immunizations.

Outcome#2 To maintain the number of Healthy Families participants implementing their initial goals in 90 days at 90% as measured by Healthy Families Florida Attachment B , initial FSP Report. Baseline: 2008-2009 initial FSP Report results.

Goal has been met. We are currently at 91% for developing initial goals within 90 days.

Outcome#3 Maintain for at least 95% of the children in families participating for more than six months no findings of verified child maltreatment during their participation as measured by Assessment of Healthy Families Florida Children for Occurrence of Abuse or Neglect Report.

Goal has been met. We are currently at 99% for having no verified findings of child maltreatment during their participation.

Indian River County Healthy Start Coalition, Inc. TLC NEWBORN

Statistics October 2010- September 30, 2011

Grant: $13,332 Funds used as of 9/30/11: $13,332 { 100%) Families newly enrolled in TLC July - September 2011: 268 Total families served October 1, 2010- September 2011: 1,032 Cost per Child: Per the Annual Report for 2010-2011 funding year, the cost per child is $42.20. {This does not include parents served.)

Focus Areas Addressed: Parenting support and education; mental wellness for high risk mothers and teen mothers.

Taxonomy#: PH-610.180- Expectant new parent assistance and PH-620.150 -Communication Training

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Program Description: TLC is an accessible, evidence based parent assistance program providing a safety net of support and resources that assist new parents who are struggling to establish a healthy emotional, physical and mental health environment during their baby's first year of life.

Collaboration: Indian River County Health Department; Indian River Medical Center; Healthy Families; Healthy Start Care Coordination; Partners in Pregnancy & Parenting.

Comments April - June 2011 Monitoring: TLC Newborn's goals for FY1011 address the health and safety of our most vulnerable citizensinfants: feeding practices, growth, development and safety practices.

TLC Newborn has 5 Certified Lactation Counselors to answer breastfeeding questions that may arise. TLC is supporting moms who desire to breastfeed and encourages them to continue through at least the first six months of the baby's life. Research demonstrates breastfeeding's many health benefits to mother and baby and is recommended by The American Academy of Pediatrics and the US Center for Disease Control as the preferred way to feed infants through the first year of life. In fact the US Department of Health and Human Services includes increasing breastfeeding rates in its Healthy People 2020 national initiative to improve the health of all Americans. TLC Newborn collaborates with Indian River Medical Center to provide the most current, evidence based information on breastfeeding to families whose babies are born at IRMC.

TLC Newborn teaches parents about the physical, cognitive and emotional development of their babies so they can know what the baby is and is not capable of doing and understanding and what behaviors they can expect from their babies. For example: new babies don't cry to be held because they are spoiled. Crying is their only way of communicating needs and drawing the attention that is so crucial for their optimal physical and emotional development. TLC Newborn discusses with parents cryir,g from the baby's point of view and then teaches them how to "cope with crying" by learning and implementing several techniques to calm and soothe the baby which gives the parents a feeling of accomplishment, confidence and pride in their ability to be parents.

TLC mails out baby care information when families enroll in the program and begins regular phone calls soon after they are home from the hospital. Regular mailings on development and safety occur at 3 weeks, 3 months and 9 months and a developmental milestone newsletter is mailed monthly. Parents can call TLC with questions or email to [email protected] if they prefer. Facebook has proved to be an excellent method to reach the largest number of families in the shortest amount of time.

We know that the experiences during the first two years of human life are critical in laying the foundation for future ability to learn, form bonds with other humans and develop self control and self esteem. TLC Newborn is in the position of touching in a positive way eve,y family in the county whose baby is born at Indian River Medical Center. We are available to answer questions and give the most current, up to date evidence based guidance to caregivers at this most crucial window of opportunity in the development of their babies.

With a 2.8 FTE and a limited budget TLC Newborn's dedicated staff reaches out to all the families of babies born at Indian River Medical Center and in neighboring communities. We offer an extremely high level of service with limited resources. Our families are fortunate to

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have the very well educated, very experienced staff that is the heart of TLC Newborn, provided for them at no charge by the community in which they live.

GOALS/OUTCOMES REPORT (10/1/10 - 9/30/11)

Outcome #1 To maintain at 50% the number of mothers enrolled in the TLC Newborn program in FY1011 that initiated breastfeeding at birth and are still breastfeeding at 6 months as reported by parent surveys. Baseline: As of February 2010, 53.8% who initiated breastfeeding were still breastfeeding at 6 months. The most recent national baseline data from initiation through 6 months collected in 1998 is 29%, and Healthy People 201 O target is 50%. This outcome is considered a best practice outcome.

Goal met. For the 4th quarter we had 22 returned surveys in which 20 women initiated breastfeeding at the time of their babies' birth and 13 (65%) breastfed their babies through 6 months of age.

Goal met. For the FY1011 we had 106 returned surveys in which 90 women initiated breastfeeding at the time of their babies' birth and 51 (57%} breastfed their babies through 6 months of age.

Outcome #2 To increase by 15% the knowledge of age appropriate social/emotional, cognitive and physical development of infants from birth to 12 months of age in first time parents enrolled in the TLC Newborn program in FY1011 as measured by pre and post tests of parents. Baseline: As of February 2010, the average increase in development knowledge from 3 weeks to 9 months is 13.7%. Because of the time frame that data is collected there is a lag. Data to be reported in FY1011 will have been collected beginning in FY0910.

Goal met. For the 4th quarter we averaged 22.1 % increase in developmental knowledge from 3 weeks to 9 months. For this quarter we averaged 55.2% of questions answered correctly at 3 weeks and 77.3% of questions answered correctly at 9 months.

Goal met. For the FY1011 we averaged 20.8% increase in developmental knowledge from 3 weeks to 9 months. For this quarter we averaged 53.2% of questions answered correctly at 3 weeks and 74% of questions answered correctly at 9 months.

Outcome#3 To increase by 15% the knowledge in age appropriate safety practices of parents of infants from birth to 12 months of age who are enrolled in the TLC Newborn program in FY1011 as measured by pre and post tests of parents. Baseline: The data being collected in FY0910 will serve as the baseline since that is the first year that data is being collected for this measure. No equivalent national best practice data is available. Data was collected beginning in July 2010. Baseline to be collected when baby is 3 weeks old.

Goal not met. For the 4th quarter we averaged a 9% increase in developmental knowledge from 3 weeks to 9 months. For this quarter we averaged 84% of questions answered correctly at 3 weeks and 93% of questions answered correctly at 9 months.

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Goal not met. For the FY1011 we averaged 7.8% increase in developmental knowledge from 3 weeks to 9 months. For the fiscal year we averaged 83.2% of questions answered correctly at 3 weeks and 91% of questions answered correctly at 9 months.

This fiscal year was the first year collecting the data for this measure. For FY1112, the test given to the families will be modified. We are looking into an online survey to see if this would help with getting the test back in a timely matter.

Grant: $24,689

Redlands Christian Migrant Association, Inc. RCMA Whispering Pines Child Development Program


Funds Used as of9/30/11: $24,689. (100%) Total Children Served as of 9/30/11: 114 children were served at Whispering Pines CDC as of 9/30/11 Cost Per Child: Based on Whispering Pines Financial Report for 2010"2011 funding year, the cost per child is $29.72 per child; infant- school age. (This does not include parents served.)

Taxonomy Number: NTEE Code P33 Child Day Care

Focus Areas Addressed: Child Care/Child Health & Education

Program Description: This program is designed to positively impact the lives of migrant farmworkers and rural poor families by providing high quality child care, kindergarten readiness activities and family support services that empower parents to become leaders in their children's education.

Collaboration: Early Learning Coalition

Comment:

GOALS/OUTCOMES REPORT (10/1/10 • 9/30/11)

Outcome#1 To maintain the increased number of infants and toddlers served at RCMA Whispering Pines during the 2010-2011 program year at a total of twenty-two (22) additional slots as reported by the enrollment records. Baseline: 2007-2008 enrollment records for infants and toddlers. Forty-one infants and toddlers have been served in the RCMA Whispering Pines Child Development Center as of September 30th. On-going recruitment continues.

Outcome#2 To increase to 100% the number of infants and toddlers who receive health screenings and ongoing developmental assessments within 45 days of center's opening date as evidenced by information in RCMA's Child and Family database system, PROMIS. Baseline: 2007-2008 PROMIS report and ELAP booklets. Goal Met

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Outcome#3 To continuously improve the quality of child care, family services, and staff professional development by maintaining accreditation through a nationally recognized accrediting agency for the upcoming program year and through regular use of ongoing monitoring and classroom observation tools. Baseline: Certificate of Accreditation from the National Accreditation Commission and use of the ITERS/ECERS through the Early Learning Coalition. Whispering Pines CDC continues to be a nationally accredited child development center having received national accreditation through the National Accreditation Commission effective 5/5/2008 - 11/4/2011. We are currently awaiting our site visit from NAC. The Early Learning Coalition assessed the center in April 2011 using the Environmental Rating Scales. The score for VPK was 4.39, 2 year olds 3.97 and 1 year olds was 4.23.

Substance Awareness Council of Indian River County Re-Direct Program

Grant Awarded: $107,645 Total Amount used: $107,645 Cost per child: $422

Number of New adolescent clients this quarter: 34 • Number of families served to date: 255 • Number of adolescents served to date: 255 • Number of families completed to date: 75

Program Description: Re-Direct is designed to help engage and retain adolescents in a positive lifestyle change; utilizing a non-judgmental, motivational, and team approach to therapy. Each client in the program will have a psychosocial assessment. The assigned case manager will then initiate a maximum of 10 counseling sessions (individual or group), and 2 combined adolescent and caregiver sessions, over the course of approximately three months. In addition, program participants will also receive two (2) random urine drug screens, which can be used as positive reinforcement and support or adjunct information and understanding for treatment planning and relapse prevention. In the event of a positive drug test, the client may be assigned a number and instructed to call the "drug testing hotline" daily, seven days per week for a designated period of time. It is anticipated that as a result of the program interventions, participants will decrease substance use behavior, increase pro-social behavior, decrease family conflict, and increase engagement in educational/work activity.

GOALS/OUTCOMES REPORT Outcome# 1: Program participants will demonstrate reduced use of ATOD as demonstrated by negative drug test results and self report prior to completion of the program. Baseline: Initial drug screening results prior to admission to Re-Direct program.

Of the 34 clients admitted to the program this quarter, 17 clients successfully completed. All 17 clients demonstrated reduced use of ATOD by negative drug test results and by self report of · client and/or family.

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0utcome#2: 80% of Participants will demonstrate increased pro-social interpersonal behaviors as indicated by positive family/peer interactions. Baseline: Initial interview/assessment.

Goal Met: 87% - Of the 58 active clients only 46 have been in the program long enough to be able to report increased pro-social personal behaviors as indicated by self-report and/or family members. Of those 46 clients being measured, 40 demonstrated an increase in pro-social behaviors as indicated by positive family/peer interactions.

Outcome #3: 80% of adolescents will demonstrate increased pro-social behaviors and healthy attitudes as indicated by engagement in education or work activities.

Goal Met: 89% - Of the 58 active clients only 46 have been in the program long enough to be able to report increased pro-social and healthy attitudes as indicated by engagement in education or work activities. Of those 46 clients that were measured, 41 demonstrated an increase in pro-social behaviors as indicated by engagement in education or work activities.

Substance Awareness Council of Indian River County Life Skills Program

Amount awarded$ 62,216 Amount used $62,216 Cost per child $44.28

1,405 Indian River County youth attending Storm Grove and Sebastian Middle Schools ages 10-14 were served.

Storm Grove Middle School Fall 2011 Sebastian Middle School Fall 2011 6th grade: 262 6th grade: 296 7th grade: 235 7th grade: 325 8th grade: 287 8th grade: O (due to the large

number of 6th and 7th grade classes)

Total number of students: 784 Total number of students: 621

Program Description: The LST program being implemented is a three-year prevention program designed specifically for middle school youth. Based on theoretical framework, the LST program was developed to impact drug-related knowledge, attitudes and norms; teach skills for resisting social influences to use drugs and promote the development of general personal selfmanagement skills and social skills.

Outcome# 1: Continue to decrease the percentage of ATOD use reported by IRC public school youth in the biennial FYSAS (using 2002 as the baseline).

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According to the 201 O FYSA Survey, Indian River County middle school youth reported decreased percentage of 30 Day use trends. Use 2002 201 O Alcohol 24.5 21.2 Cigarettes 9.1 6.6 Marijuana 6.3 7.6

Outcome #2: 75% of middle school students receiving LST will demonstrate an increase in healthy coping skills as demonstrated by an increase in use of relaxation and breathing techniques as reported in the LST pre/post survey following the administration of the curriculum. The LifeSkills Training Program was administered in a total of 14 Indian River County middle school classrooms. In those 14 classrooms each teacher was asked to complete a LST survey, thirteen teachers returned the completed survey. The survey specifically asked questions relevant to the LifeSkills lessons taught during the course of the training program. Listed below are a few of the outcomes recorded from the survey.

• All 13 teachers strongly agree that the LifeSkills Training program increases students self awareness.

• 12 out of 13 teachers agree the LifeSkills Training program increased the student's ability to manage anxiety. The LST unit on "Anxiety'' specifically teaches relaxation and breathing techniques as methods for coping with anxiety.

Outcome#3: 70% of middle school students receiving the LST curriculum will demonstrate an increase in anti-drug attitudes as reported by the LST pre and post survey administered with the curriculum.

According to the 2010 FYSA Survey, Indian River County middle school youth (ages 10-14) reported the following percentages regarding "if they agreed it would be wrong for someone their age to" ...

Smoke Cigarettes Drink alcohol regularly Smoke marijuana Use other illicit drugs

Grant: $10,863.00

87.3 80.4 86.9 95.2

United for Families Caregiver Support Program

Statistics as of 9/30/2011

Funds Used as of 9/30/2011: 10,855.21 Total Children Served as of 9/30/2011: 70 unduplicated children served residing in Indian River County. Cost per Child: The cost per child is $369.98

Taxonomy Number: PH-140.500

Focus Areas Addressed: Mental Health

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Program Description This program is designed to: Improve the mental and emotional well-being of children in foster care by reducing the number of times they are moved from home to home while in the fostercare system.

Collaboration: Hibiscus Children's Center, Department of Children and Families, Indian River County Foster Parent Association, Children's Home Society, Indian River County School Board

Comment/2011 Monitoring


Outcome#1 At least 70% of children served by the program in out-of- home care will not experience placement disruptions within a six month period. Methods of Measurement: Monthly placement disruption reports.

Goal Met. 100% of the children placed in out of home care have not experienced a placement disruption within a six month period.

Outcome#2 75% of the licensed foster parents participating in the program will remain licensed for 12 months following enrollment in the program. Methods of Measure: re-licensing reports.

Goal Met. 88% of Indian River County licensed foster parents remained licensed for 12 months following enrollment in the program. Two Indian River County foster homes did not re-license following 12 months in the Caregiver Support Program.

Outcome#3 75% of participating caregivers will report being satisfied with the program at the end of 12 months. Method of Measurement: A satisfaction survey will be given at the end of every 6 month p.eriod.

Six month satisfaction surveys were completed. We received 16 responses. Out of those 16 responses 15 caregivers rated their satisfaction with the program. 93% of the caregivers were satisfied with the program. End of the year surveys were also completed and unfortunately, United for Families only received one response. The one caregiver who completed the survey was 100% satisfied with the caregiver support program.

Outcome#4 75% of participating caregivers will report an improvement in their quality of life at the end of 12 months. Method of Measurement: A satisfaction survey will be given at the end of every 6 months.

Six months satisfaction surveys were completed. We received 16 responses. Out of those 16 responses 14 caregivers rated the improvement in their quality of life. 92.8% of the caregivers reported an improvement in their quality of life. End of the year surveys were also completed and unfortunately, United for Families only received one response. The one caregiver who completed the survey reported an improvement in their quality of life.

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Homeless Family Center, Inc.

Program Name: Homeless Family Center, Inc.

(Statistics 10/1/10- 09/30/2011)

Grant: $9,876.00 Funds Used as of 09/30/2011: $9, 876.00 Cost Per Child: $820.14

Focus Areas Addressed: Parental Support and Education

Taxonomy#: BH-8600

Program Description: Provide basic needs and case management to solve barriers to employment and permanent housing to homeless families with children in Indian River County.

This Program is designed to: Provide families with tools and guidance to reduce the risk factors associated with homelessness and to provide opportunities for education, living wages, and self-sufficiency.

CSAC Indian River County 2010-2011 Fourth Quarter (cumulative) Results

Outcome#1: 75% of all school age transitional children will increase academic performance 5% - 10% as measured by pre- and post- testing and/or grade point averages. Baseline: pretest and/or grade point average - first grading period or progress report.

Result: 89% of the school age transitional children increased their academic performance 5% -10%.

Outcome #2: 75% of all school-age transitional children will demonstrate increased knowledge of character traits that reflect good behavior by 10% as measured oy pre- and post- tests. Baseline: pretest for each module.

Result: 93% of the school age transitional children demonstrated increased knowledge of character traits that reflect good behavior by 10%.

Outcome #3: 75% of transitional adults will increase their knowledge and skills in the area of parenting 5%-10% as measured by pre- and post- tests from Love and Logic Video Module. Baseline: Becoming a Love and Logic Parent pretest. Result: 89% of transitional adults increased their knowledge and skills in the area of parenting 5%-10%.

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Service Capacity: Through the fourth quarter (100%) of the 2010-2011 contract, Homeless Family Center, Inc. has seen:

Goal Actual % of Goal Adults: 56 89 37% increase Children: 84 114 36% increase Families: 45 71 37% increase

Junior League of Indian River Whole Child Connection of Indian River Program


Grant: $12,344

Funds Used as of 9/30/2011: $12,344.00

Total Children Served as of 9/30/11: 133

Cost Per Child: $92.81

Focus Areas Addressed: Special Needs

Taxonomy#: T J-3000.8000

Program Description: A family in need of services completes a Whole Child Profile. The Whole Child web system matches family needs to providers with appropriate services. Families will develop and implement a holistic plan to meet their needs and select and contact providers. Providers deliver services to the family and the Whole Child system tracks the outcomes.

This program is designed to: help families access agencies that can supply clothing, food and help with special hardship needs.

Collaboration: Connected 4 Kids, Indian River School District


Outcome# 1: To increase to 50% the number of participants who answer the Client Satisfaction Survey who strongly agree or agree that the Whole Child Profile addressed most of their concerns. Baseline: since this is a new program currently no families have completed surveys. Clients who answer "Yes, to allow wee staff to contact them" will be given a survey.

Goal met. Of those families who piloted the Whole Child Connection and completed a satisfaction survey 70% indicated they agreed or strongly agreed that the Whole Child Profile addressed most of their concerns.

Outcome #2: To increase to 75% the number of nonprofit service providers targeting children and families (who receive United Way or Children's Service Advisory Committee funding) who become a

34

125

Whole Child Provider as measured by completed Provider Agreements. Baseline: since this is a new program currently no' service providers have completed provider agreements.

Goal not met yet. So far we have acknowledged interest from 48 % of providers and will be obtaining signed Provider Agreements in Fall of 2011 as we were waiting for the completion of the pilot prior to obtaining Provider Agreements.

Outcome#3: To increase to 50% the number of participants who answer the Client Satisfaction Survey who report greater ease when accessing services as a result of completing the Whole Child process. Baseline: since this is a new program currently no families have completed surveys. Clients who answer "Yes, to allow WCC staff to contact them" will be given a survey.

Goal met. Of those families who piloted the Whole Child Connection and completed a satisfaction survey 84% reported greater ease in accessing services as a result of completing a Whole Child Profile.

Outcome#4: To increase to 300 the number of families who complete a Whole Child Profile. Baseline: since this is a new program currently no families have completed a profile.

Goal not yet met. As of 9/30/11 133 families have completed a Whole Child Profile. Now that the pilot is complete, we strongly feel we can have 300 profiles completed a quarter.

Service Capacity: Through the fourth quarter (100%) of the 2010-2011 contract, Whole Child has seen:

Families

Comments:

Goal 300

Actual 133

% of Goal 44%

Whole Child Connection is based on an online system that families can access to complete a Whole Child Profile. We spent the first 3 quarters of the grant cycle designing the Connection, learning how to utilize the back-end of the system and inputting the data into the system. This was a time extensive process as we customized the site to meet the needs of Indian River's families and to ensure the site was user friendly. During the last quarter we piloted the site and received overwhelming positive feedback from the families who participated in the pilot. We received the following feedback when asked what families liked best about Whole Child Connection:

• It is very easy to navigate your way through the web site. • It made me think of things [services for my children] I hadn't thought of. • I really like the details of the vendors (i.e.: wait time, handicapped access, etc.) • The wealth of community resources it provided after completion of the profile. • That it touches on all demographic/community needs. • The ease of being able to find local community connections without having the hassle of

getting frustrated with searches on Google.

35

126

Grant: $14,813.00

Mental Health Association in Indian River County

Child and Youth Mental Health Program


Funds Used as of 06/30/2011: $14,813.00 (all CSAC funding was used by 6/30/2011)

Total Children Served as of 09/30/2011: 79

Cost Per Child: $221.09

Focus Areas Addressed: Mental Health and Parental Support and Education

Taxonomv: RPe.4500.0500 AdolescenVYouth

Counseling YF-5000.1700-100 Children and Youth with

Emotional Disturbance RF-2000 Family Counseling

RF-3300 lndivid.ual CounseUng

. .. · .. . .

RF-2500 · .. .. ,_ .. .

Group Counseling

Program Description: The Child and Youth Mental Health Program is a child-centered, family-driven, clinically-based program with interagency collaboration. To support children in need of mental health services, MHA provides individual therapy, family counseling and therapeutic groups without consideration of the client's ability to pay.

This program is designed to: provide immediate access for those experiencing emerging mental health crises 8 hours a day, 5 days a week. The Child and Youth Mental Health Program will ensure that children with mental, emotional, and behavioral issues and their families have access to the services and support they need to succeed. These services may include diagnostic and evaluation services, outpatient treatment and counseling, case management, information & referral, family support & education.

Collaboration: United For Families, Gifford Youth Activity Center, Treasure Coast Homeless Services Committee, Childcare Resources, Indian River County Mental Health Collaborative, New Horizons of the Treasure Coast, Treasure Coast Community Health, University of Florida Center for Psychiatry and Addiction Medicine Vero Beach, Indian River Health Department, Millers Health Mart Pharmacy

36

127


Outcome# 1: To improve the mental health of 75% of 60 children enrolled in treatment by completion of a family-centered, individualized case plan during an average term of service of 12 sessions.

Result: 79 children enrolled in treatment in this program and 64 (81%) have completed their individualized case plan as of the 4th quarter.

Outcome#2: 60% of parents of clients will participate in family therapy to support their children due to mental health issues or environmental adjustments and to improve family dynamic as measured by progress reported in counseling.

Result: 100% of parents of clients have participated in family therapy during the 41h quarter grant period.

Outcome#3: 40% of the families of child/youth clients will participate in therapeutic groups focusing on improving key parenting skills & techniques as measured by progress reported in counseling.

Result: 11 families (17%) have participated in parenting skill groups during this grant period.

Service Capacity:

Through the third quarter (100%) of the 2010-2011 contract:

Children Adults Groups

Goal 60 36 24

Actual 79 47 11

% of Goal 132% 130%

17%

37

128

CONSENT AGENDA Indian River County

Inter-Office Memorandum Office of Management and Budget

?ff\,

TO: Members of the Board of County Commissioners

FROM: Jason E. Brown Director, Office of Management & Budget


SUBJECT: Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, etc.)


In January of each year the Board of Commissioners adjusts the fixed interest rates charged by the County for financing utility assessments, utility impact fees, petition paving assessments and any other financing. County policy has been to set this rate equivalent to the prime interest rate as published in the Wall Street Journal and other financial news outlets, with the exception that the rate will not be set lower than 5.75% (5 ¾%) for County financing. The Board of Commissioners approved this minimum rate on February 5, 2002, and it is equivalent to the interest rate on County utility revenue bonds. This minimum rate was established to prevent the County from lending at lower rates than our own borrowing costs.

The prime interest rate listed on Bloomberg on Wednesday, December 14, 2011, was 3.25%. Staff recommends setting the interest rate charged by the County at 5. 75%, the minimum rate set in 2002. The only exception to this interest rate would be for projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate.

RECOMMENDATION

Staff recommends that the Board of County Commissioners approve the fixed interest rate of 5. 75%. Staff further recommends that this rate remain in effect for calendar year 2012 for all County financing with the exception of projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate.

ATTACHMENT

County Financing Interest Rate History


BY9f •r,b A . ~ Josep A. Baird C:nty Administrator

Indian River Coun

Administrator

FOR: December 20. 2011 Risk Mana ement

129

Key Rates, Mortgage Rates & CD Rates - Bloomberg Page 1 of2

MARKET SNAPSHOT L ... ~~-?:,JEuROPE l_~s_1~_J __

STOXX60 2,239.79 -21.19 -0.94%

i FTse·100· s.437.as -s2.21 -o.ss% DAX ~?21.16 .-53.10 -0.92% I

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Our Company l Professional I Anywhere NBl•-JliWJ' ~ Sign in

Search News, Quotes and Opinion

Key Rates

CURRENT

Fed Funds Rate 0.07

Fed Reserve Target Rate 0.25

Prime Rate 3.25

US Unemployment Rate 8.60

1-Month Libor 0.28

3-Month Libor 0.56

Mortgage* (National Average)

15-Year Fixed

5/1-Year ARM

1-Year ARM

30-Year Fixed Jumbo

15-Year Fixed Jumbo

5/1-Year ARM Jumbo

CDs (National Average)

5-Year

2-Year

1-Year

6-Month

1-Month

5-Year Jumbo

2-Year Jumbo

1-Year Jumbo

6-Month Jumbo

1-Month Jumbo

(') Rates may inci..lde points.

CURRENT

3.96

3.30

2.88

2.96

4.71

4.00

3.22

CURRENT

1.62

0.95

0.78

0.54

0.11

1.52

0.87

0.77

0.49

0.11

1 MO PRIOR

0.07

0.25

3.25

9.00

0.25

0.46

1 MO PRIOR

4.09

3.40

3.01

2.75

4.75

4.05

3.13

1 MO PRIOR

1,66

0.96

0,79

0.57

0.13

1.63

0.87

0.80

0.50

0.13

3MOPRIOR

0.12

0.25

3.25

9.10

0.23

0.35

3MOPRIOR

4.15

3.36

2.95

2.96

4.75

4.06

3.18

3MOPRIOR

1.78

0.99

0.84

0.67

0.11

1.84

1.06

0.92

0.58

0.11

SMOPRIOR

0.10

0.25

3.25

9.10

0.19

0.25

1 YRPR!OR

0.15

0.25

3.25

9.80

0.26

0.30

provided by Bankrate.com

6MOPRIOR 1 YR PRIOR

4.47 4.97

3,65 4.26

3.04 3.59

3.14 3.06

4.99 5.49

4.36 4.84

3.37 3.96

provided by Bankrate.com

6MOPRlOR 1 YR PRIOR

2.05 2.04

1.10 1.18

0.92 0.93

0.71 0.77

0.12 0.13

2.01 2.10

1.16 1.24

0.98 0.94

0.61 0.65

0.12 0.13

Unless indicated otherwise: intra.day data is et least 15 minutes delayed; mutual fund NA Vs are updated et the close of every

market day: all prices are in the local currency: Time is ET.

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-w -

COUNTY FINANCING INTEREST RATES Ten Year Historical Amounts Compared to Interest Rate Benchmarks

Calendar Year County Rate

2012 (Recommended) 5.75% 2011 5.75% 9.00% 2010 5.75% 2009 5.75% 8.00% 2008 (3) 5.75% 2007 8.25% 7.00%

2006 7.00% 2005 5.75%

2004 5.75% 2003 5.75%

6.00% $ "' 5.00% ~ -..

2002 - Feb. 5 through Dec. 31 <1l 5.75%

2002 - Jan. 1 through Feb. 5 <1

) 4.75%

., ~ 4.00% ., -.E

2001 - Jul. through Dec. <2

) 6.75% 3.00%

2001 - Jan. through Jun. <2

) 8.50% 2.00% 2000 8.50%

1999 7.75% 1.00% 1998 8.50%

1997 8.25% 0.00%

1996 8.50% 1999

Historical Interest Rates

2001 2002 2003 2005 2007 2009 2011

Calendar Year

(1) On February 5, 2002, the Board of Commissioners adopted a minimum interest rate of 5. 75%. This rate is equivalent to the interest rate on County utility revenue bonds. This prevents the County from lending at lower rates than our own borrowing costs. (2) Due to highly fluctuating interest rates, the County adjusted interest rates every six months, rather than every twelve months for calendar year 2001.

(3) On December 18, 2007, the BCC approved setting this at the minimum rate of 5. 75% as opposed to the prime rate of 7.25% in light of current

economic conditions. Note: The County sets a standard interest rate on all financing at the beginning of each calendar year. This rate is equivalent to the prime rate as published on Bloomberg, with a minimum rate of 5. 75% adopted on February 5, 2002.

f:lbudget\jason\misc\interest rate history.xis 12/14/2011

DATE:

TO:

THROUGH:

FROM:

SUBJECT:

CONSENT AGENDA

INDIAN RIVER COUNTY, FLORIDA OFFICE OF MANAGEMENT AND BUDGET

PURCHASING DIVISION

December 13, 2011

Board of County Commissioners


Jason Brown, Director, Office of Management and Bud

Jerry Davis, Purchasing Manager~

Consideration of Hourly Rate Increase for Day Labor Services IRC Bid No. 2012006 Public Works Department/ Road and Bridge Division

BACKGROUND INFORMATION:

On behalf of the Road and Bridge Division, the Purchasing Division issued bid number 2012006 for an Annual Bid to establish firm fixed pricing for day laborers to be used on an as-needed basis as flaggers, to perform mowing, and for other general labor activities. This annual bid was awarded by the BCC at the October 4, 2011 meeting to MDT Personnel, Clearwater, FL, with workers to be furnished by their Ft. Pierce location. The award is for the period October 4, 2011 through September 30, 2012 with renewal options for two (2) additional one (1) year periods. The hourly rate for the awarded bid is $10.45 per hour. The hourly rate for the previous three years has been $11.15.

MDT Personnel is requesting approval to increase their hourly rate effective January I, 2012 from $10.45 to $10.97 due to an announcement by the State of Florida implementing a minimum wage increase from $7.31 to $7.67 per hour effective January 1, 2012. The MDT Personnel hourly rate is based on a 43% markup over the state mandated minimum wage.

The hourly rate of the second low bidder was $11.91 per hour.

The requested hourly rate is an increase of 4.97% over the current hourly rate. The new rate is a 1.61 % decrease from the rate for the previous three years. It is estimated that 25,100 man hours will be needed from January 1, 2012 to September 30, 2012. This will increase the estimated annual cost of these services to about $275,000 (a $13,000 increase). The requested rate is available in the Road and Bridge Division existing budgeted amounts as the budget was prepared using last year's labor rate of $11.15.

132

CONSENT AGENDA

ALTERNATIVES:

1. Reject the request for the hourly rate increase and rebid.

2. Accept the request for the hourly rate increase and authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods at the revised hourly rate, subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County.

RECOMMENDATION:

Staff recommendation is to select Alternative 2, and authorize the Purchasing Division to issue blanket purchase orders at the new hourly rate for the period of January 1, 2012 through September 30, 2012 with MDT Personnel.

ATTACHMENTS:

MDT Personnel Letter

By: I..,, jd.9,:t,J:.~~c.....S!...L~'o::1:f.:....___ ~ seph . Baird, County Administrator

FOR:~ ~44t4£V J{rJ ,,;i.r1rl ~ ;

133

Trade Names: • Able Body Labor • Craftsmen On Call • i Labor Network"' • PreferAble HQ • Prefer Able. Staffing • RTC Staffing • USL&H Staffing

November 8, 2011

Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960

Attn: Jerry Davis

Dear Mr. Davis

17757 US 19 N., Suite 660 Clearwater, FL 33764

Ph: (727) 724-2600

www.mdtpersonnel.com

Due to the state increase of the minimum wage, as of January 1, 2012, we respectfully request that Indian River County Board of County Commissioners approve the increase of our basic labor rate to $10.97 per hour. We were recently awarded a contract with Indian River County with a labor rate of$!0.45, well below our previously contracted rate of $11.15/hr. Within two weeks of being awarded the contract, the new minimum wage increase was announced. Had we known in advance, that would have been taken into consideration. The rate proposed was at a 1.43% mark up on the current minimum wage of$7.31/hr, we ask that the mark up remain the same, (1.43%) and be applied to the new minimum wage of $7.67.

Thank you for your consideration.

If you have any questions or comments, please contact me at our corporate office, 727-724-2600 ext 3001.

~ VP Operations

11-10-llAll:25 RCVD

INDIAN RIVER COUNTY PURCHASINGDMSION 1800 27th STREET VERO BEACH, FLORIDA32960

134

'

$)btriff DERYL LOAR• INDIAN RIVER COUNTY rviEMBER FLORIDA SHERIFFS' ASSOCIATION MEMBER OF NATIONAL SHERIFFS' ASSOCIATION

9A

4055 41st AVENUE VERO BEACH, FLORIDA 32960-1802 PHONE (772) 569-6700

December 14, 2011

The Honorable Gary Wheeler, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388

Dear Chainnan Wheeler:

In response to the discussion and recommendations put forth at the Budget Workshop held July 13, 2011 and the Board of County Commission meeting held July 19, 2011, I am requesting $600,000 of the Optional One Cent Sales Tax fund. The funds will be used to purchase marked patrol vehicles.

Attached is our most recent IRCSO Fleet Mileage report.

Please place this under Constitutional Officers for the December 20, 2011 board agenda. If you have any questions or need additional information, please let me know.

~~ Dery! Loar, Sheriff

DL:ltj

cc: Joseph Baird, County Administrator Jason Brown, Director - Management & Budget Indian River County Commissioners Solari, Flescher, Wheeler, and Davis

Attachment

The 173rd Internationally Accredited Law Enforcement Agency Accredited by the Commission on Accreditation for Law Enforcement Agencies, Incorporated 135

IRCSO FLEET MILEAGE REPORT

Year joescription Mileage I Veh# I Dept Asset 1965 VEH.001-1965 MILITARY TRUCK 6X6 40,799 001 304 10518 1965 VEH.003-1965 MILITARY TRUCK 6X6 17,908 003 304 10519 1985 VEH.428-1985 ERT VAN 76,889 428 611 4599 1992 VEH.480-1992 BUS WHITE 187,483 480 903 11590 1995 VEH.113-1995 E-350(AMBULANCE STYLE) 103,533 113 601 9177 1995 VEH.485-1995 TOW TRUCK 120,991 485 304 6234 1997 VEH.475-1997 F350 HEAVY DUTY 69,819 475 904 5923 1997 VEH.476-1997 F350 HEAVY DUTY 64,452 476 904 5942 1998 VEH.017-1998 WINDSTAR VAN 104,071 017 304 5996 1998 VEH.483-1998 CROWN VIC. 106,376 483 402 6103 1998 VEH.484-1998 CROWN VIC.GRAY (SPARE) 125,827 484 304 6162 1999 VEH.026-1999 F150 SUPERCAB 102,375 026 114 6616 1999 VEH.487-1999 F250 PICKUP 84,440 487 705 6233 1999 VEH.489-1999 TAURUS 86,106 489 705 6622 1999 VEH.658-1999 HONDA SUV-GREY 131,510 658 405 13751 1999 VEH.704-1999 TOYOTA COROLLA 64,670 704 304 14453 1999 VEH.MC4-1999 MOTORCYCLE 15,053 M4 612 16193 2000 VEH.315-2000 YAMAHA 8,000 315 401 10053 2000 VEH.496-2000 ECONOLINE VAN 67,776 496 904 7179 2000 VEH.497-2000 ECONOLINE VAN 93,003 497 903 7180 2000 VEH.707-2000 FORD RANGER 98,676 707 601 14702 2000 VEH.709- 2000 HONDA CIVIC 112,211 709 405 15242 2001 VEH.055-2001 CROWN VIC. 107,390 055 112 7882 2001 VEH.062-2001 CROWN VIC. 123,899 062 112 7876 2001 VEH.068-2001 CROWN VIC. 113,402 068 112 7873 2001 VEH.071-2001 CROWN VIC.(SPARE) 121,655 071 112 7888 2001 VEH.076-2001 CROWN VIC. 97,636 , 076 112 7892 2001 VEH.078-2001 CROWN VIC. 108,986 078 112 7810 2001 VEH.080-2001 CROWN VIC. 100,389 080 112 8125 2001 VEH.081-2001 CROWN VIC. 113,211 081 112 8216 2001 VEH.500-2001 E250 CARGO VAN 37,095 500 611 7956 2001 VEH.710- 2001 TOYOTA TACOMA 65,346 710 304 15243 2002 VEH.085-2002 CROWN VIC. 116,642 085 304 8500 2002 VEH.087-2002 CROW-NV-IC. 92,:na 087 601 857-2 2002 VEH.089-2002 CROWN VIC. 95,920 089 702 8496 2002 VEH.094-2002 CROWN VIC. 117,497 094 112 8492 2002 VEH.098-2002 CROWN VIC. 95,099 098 702 8504 2002 VEH.099-2002 CROWN VIC. 98,254 099 705 8502 2002 VEH.100-2002 CROWN VIC. 114,618 100 304 8535 2002 VEH.101-2002 CROWN VIC. 91,645 101 705 8536 2002 VEH.103-2002 CROWN VIC. 103,024 103 112 8538 2002 VEH.105-2002 E150 CARGO VAN 80,632 105 300 8503

1 11/15/2011 3 6


Year joescription Mileage I Veh# I Dept Asset 2002 VEH.107-2002 CHEVY TAHOE 105,920 107 504 8582

2002 VEH.108-2002 CHEVY TAHOE 111,937 108 702 8613

2002 VEH.112-2002 EXPLORER 71,601 112 304 8753

2003 VEH.009-2003 F150 PICKUP 79,150 009 112 9206

2003 VEH.115-2003 EXPLORER 121,020 115 401 9207

2003 VEH.116-2003 EXPLORER-BLACK 120,073 116 405 9208

2003 VEH.117-2003 EXPLORER 121,652 117 908 9209

2003 VEH.121-2003 CROWN VIC. 122,954 121 304 9237

2003 VEH.122-2003 CROWN VIC. 103,609 122 112 9238

2003 VEH.125-2003 CROWN VIC. 99,115 125 110 9241

2003 VEH.127-2003 CROWN VIC. 105,381 127 601 9243

2003 VEH.130-2003 CROWN VIC. 121,084 130 908 9246

2003 VEH.132-2003 CROWN VIC. 99,636 132 304 9248

2003 VEH.133-2003 CROWN VIC. 113,411 133 112 9249 ·2003 · VEH.134°2003 CROWNVIC. . 99,801 · 134 304- 9250

2003 VEH.136-2003 CROWN VIC. 119,540 136 112 9252

2003 VEH.512-2003 PT CRUSIER 52,626 512 114 9766

2003 VEH.655-2003 CHEVY SILVERADO 44,912 655 904 13851

2003 VEH. 699 -2003 PT CRUISER 60,174 699 304 15952

2004 VEH.137-2004 F150 PICKUP 113,733 137 703 10038

2004 VEH.138-2004 EXPLORER 4X4 76,675 138 504 9957

2004 VEH.139-2004 CROWN VIC. 67,654 139 601 10014

2004 VEH.140-2004 EXPLORER (BLK) 87,716 140 401 9236

2004 VEH.141-2004 EXPLORER (GLD) 107,685 141 401 9989

2004 VEH.142-2004 E250 CARGO VAN 104,344 142 504 9958

2004 VEH.143-2004 E350 CARGO VAN 71,676 143 908 10013

2004 VEH.147-2004 Fl50 SUPERCAB 122,316 147 405 10041

2004 VEH.148-2004 CROWN VIC. 114,106 148 304 9951

2004 VEH.150-2004 CROWN VIC. 94,099 150 304 9936

2004 VEH.151-2004 CROWN VIC. 92,596 151 304 9937

2004 VEH.152-2004 CROWN VIC. 108,299 152 601 9938

2004 VEH.153-2004 CROWN VIC. 103,360 153 304 9939

2004 VEH.155-2004 CROWN VIC. 123,722 155 112 9941

2004 VEH.157-2004 CROWN VIC. 119,706 157 304 9943

2004 VEH.158-2004 CROWN VIC. 70,116 158 704 9944

2004 VEH.160-2004 CROWN VIC. 114,716 160 110 9946

2004 VEH.162-2004 CROWN VIC. 99,706 162 704 9948

2004 VEH.164-2004 CROWN VIC. 112,694 164 201 9950

2004 VEH.166-2004 CROWN VIC. 90,375 166 304 10121

2004 VEH.167-2004 EXPLORER 132,892 167 601 10119

2004 VEH.168-2004 EXPLORER 84,963 168 114 10120

2004 VEH.172-2004 CROWN VIC. 128,112 172 112 10381

2 11/15/2011 3 7


Vear loescription Mileage I Veh # I Dept Asset 2004 VEH.175-2004 CROWN VIC. 106,745 175 601 10403

2004 VEH.176-2004 CROWN VIC. 89,075 176 601 10427

2005 VEH.179-2005 CROWN VIC. 116,967 179 601 10748

2005 VEH.180-2005 CROWN VIC. 108,869 180 601 10749

2005 VEH.181-2005 CROWN VIC. 104,827 181 601 10750

2005 VEH.182-2005 CROWN VIC. 98,336 182 504 10751

2005 VEH.183-2005 CROWN VIC. 99,528 183 304 10752

2005 VEH.184-2005 CROWN VIC. 99,705 184 705 10696

2005 VEH.185-2005 CROWN VIC. 94,576 185 304 10697

2005 VEH.186-2005 CROWN VIC.GREEN (SPARE) 99,862 186 103 10698

2005 VEH.187-2005 CROWN VIC. 114,228 187 601 10699

2005 VEH.190-2005 CROWN VIC. 80,799 190 304 10809

2005 VEH.193-2005 CROWN VIC. 79,323 193 601 10815

2005 VEH.194-2005 CROWN VIC. 79,686 194 601 10816 · 2005 VEH.195°2005 CROWN VIC. . 91,277 195 304 10817

2005 VEH.196-2005 CROWN VIC. 70,162 196 114 10822

2005 VEH.515-2005 CHEVY MALIBU{WHITE) SPARE 115,710 515 405 10657

2005 VEH.516-2005 CHEVY MALIBU{SILVER)SPARE 87,851 516 202 10658

2005 VEH.517-2005 CHEVY MALIBU{GRAY) 71,705 517 401 10833

2006 VEH.007-2006 Fl50 PICKUP 90,222 007 703 11399

2006 VEH.010-2006 F250 PICKUP 75,114 010 703 11398

2006 VEH.011-2006 E250 CARGO VAN 90,931 011 402 11400

2006 VEH.204-2006 CROWN VIC. 117,581 204 201 11390

2006 VEH.205-2006 CROWN VIC. 97,120 205 601 11391

2006 VEH.206-2006 CROWN VIC. 89,843 206 908 11392

2006 VEH.207-2006 CROWN VIC. 84,810 207 601 11393

2006 VEH.208-2006 CROWN VIC. 107,358 208 908 11394

2006 VEH.209-2006 CROWN VIC. 100,452 209 304 11395

2006 VEH.210-2006 CROWN VIC. 78,251 210 601 11396

2006 VEH.211-2006 CROWN VIC. 97,895 211 304 11397

2006 VEH.230-2006 E205 CARGO VAN 53,430 230 402 11612

2006 VEH.231-2006 E250 CARGO VAN 67,415 231 402 11613

2006 VEH.518-2006 CHEVY MALIBU 60,163 518 405 11211

2006 VEH.519-2006 CHEVY MALIBU 60,149 519 401 11212

2006 VEH.520-2006 CHEVY MALIBU (BLK) 36,506 520 200 11237

2006 VEH.521-2006 CHEVY MALIBU 70,289 521 401 11404

2006 VEH.522-2006 CHEVY MALIBU 65,906 522 401 11405

2006 VEH.523-2006 CHEVY MALIBU-BLUE 48,213 523 401 11406

2006 VEH.524-2006 CHEVY MALIBU 56,792 524 401 11403

2006 VEH.525-2006 CHEVY MALIBU 43,676 525 304 11407

2006 VEH.526-2006 CHEVY MALIBU 54,531 526 304 11408

2006 VEH.527-2006 CHEVY MALIBU 91,426 527 401 11409

3 11/15/201~ 3 8


Year joescription Mileage I Veh# I Dept Asset 2006 VEH.528-2006 CHEVY MALIBU 63,278 528 401 11410

2006 VEH.529-2006 CHEVY MALIBU 53,024 529 401 11411

2006 VEH.530-2006 CHEVY MALIBU 29,892 530 900 11412

2006 VEH.531-2006 CHEVY MALIBU 68,365 531 304 11469

2006 VEH.532-2006 CHEVY MALIBU 48,505 532 202 11519

2006 VEH.533-2006 CHEVY MALIBU 42,153 533 304 11520

2007 VEH.008-2007 FlSO SUPERCAB 27,118 008 304 11958

2007 VEH.145-2007 E350 PASSENGER VAN 73,490 145 903 12560

2007 VEH.212-2007 CROWN VIC. 79,390 212 601 11517

2007 VEH.213-2007 CROWN VIC. 50,375 213 704 11518

2007 VEH.214-2007 CROWN VIC. 76,960 214 601 11623

2007 VEH.215-2007 CROWN VIC. 86,121 215 601 11624

2007 VEH.216-2007 CROWN VIC. 60,043 216 601 11625

2007 VEH.217-2007 CROWN VIC. 68,960 217 601 11626 · 2007 VEH.218-2007 CROWN VIC. 80,942 218 304 11627

2007 VEH.219-2007 CROWN VIC. 80,393 219 601 11628

2007 VEH.220-2007 CROWN VIC. 95,935 220 304 11629

2007 VEH.221-2007 CROWN VIC. 101,989 221 601 11630

2007 VEH.222-2007 CROWN VIC. 77,567 222 601 11631

2007 VEH.223-2007 CROWN VIC. 78,270 223 903 11632

2007 VEH.224-2007 CROWN VIC. 77,975 224 601 11633

2007 VEH.225-2007 CROWN VIC. 115,952 225 201 11634

2007 VEH.226-2007 CROWN VIC. 78,907 226 601 11635

2007 VEH.227-2007 CROWN VIC. 81,809 227 304 11636

2007 VEH.228-2007 CROWN VIC. 110,616 228 601 11637

2007 VEH.229-2007 CROWN VIC. 113,446 229 601 11638

2007 VEH.232-2007 F250 PICKUP 74,705 232 703 11614

2007 VEH.233-2007 F250 PICKUP 126,868 233 703 11615

2007 VEH.234-2007 CROWN VIC. 29,200 234 704 12161

2007 VEH.235-2007 CROWN VIC. 59,141 235 601 12162

2007 VEH.236-2007 CROWN VIC. 48,037 236 704 12163

2007 VEH.237-2007 CROWN VIC. 58,738 237 704 12164

2007 VEH.238-2007 CROWN VIC. 76,864 238 304 12165

2007 VEH.239-2007 CROWN VIC. 52,389 239 601 12166

2007 VEH.240-2007 CROWN VIC. 64,619 240 612 12167

2007 VEH.241-2007 CROWN VIC. 46,116 241 704 12168

2007 VEH.242-2007 E250 CARGO VAN 31,958 242 402 12334

2007 VEH.534-2007 CHEVY MALIBU 35,844 534 202 11616

2007 VEH.535-2007 CHEVY MALIBU 64,288 535 401 11617

2007 VEH.536-2007 CHEVY MALIBU 93,140 536 202 11618

2007 VEH.537-2007 CHEVY MALIBU 79,351 537 202 11619

2007 VEH.538-2007 CHEVY MALIBU 53,745 538 113 11620

4 11/15/2011 3 9


Year loescription Mileage I Veh# I Dept Asset 2007 VEH.539-2007 CHEVY MALIBU 49,778 539 113 11621

2007 VEH.540-2007 CHEVY MALIBU 90,136 540 202 11622

2007 VEH.541-2007 CHEVY MALIBU 28,820 541 900 12144

2007 VEH.542-2007 CHEVY MALIBU 42,469 542 304 12145

2008 VEH.004-2008 CHEVY SILVERADO 22,794 004 402 13121

2008 VEH.012-2008 CHEVY TAHOE 57,263 012 702 13098 2008 VEH.013-2008 CHEVY TAHOE 54,930 013 702 13099

2008 VEH.014-2008 CHEVY TAHOE 51,734 014 702 13100

2008 VEH.146-2008 F250 PICKUP 66,658 146 703 12342

2008 VEH.200-2008 CROWN VIC.(BEIGE) 64,367 200 100 12711

2008 VEH.243-2008 CROWN VIC. 38,969 243 612 12344

2008 VEH.244-2008 CROWN VIC. 43,329 244 601 12345

2008 VEH.245-2008 CROWN VIC. 42,800 245 704 12346

2008 VEH.246-2008 CROWN VIC. 48,763 246 601 12347

2008 VEH.247-2008 CROWN VIC. 45,062 247 601 12348

2008 VEH.248-2008 CROWN VIC. 68,320 248 601 12349

2008 VEH.249-2008 CROWN VIC. 58,281 249 601 12350

2008 VEH.250-2008 CROWN VIC. 73,574 250 601 12351

2008 VEH.251-2008 CROWN VIC. 39,143 251 601 12352

2008 VEH.252-2008 CROWN VIC. 60,493 252 601 12353

2008 VEH.253-2008 CROWN VIC. 73,090 253 601 12354

2008 VEH.254-2008 CROWN VIC. 69,654 254 601 12355

2008 VEH.255-2008 CROWN VIC. 71,919 255 601 12356

2008 VEH.257-2008 CROWN VIC. 65,975 257 601 12359

2008 VEH.258-2008 CROWN VIC. 75,160 258 601 12358

2008 VEH.259-2008 CROWN VIC. 72,476 259 601 12360

2008 VEH.260-2008 CROWN VIC. 49,256 260 601 12361

2008 VEH.261-2008 CROWN VIC. 65,082 261 601 12362

2008 VEH.262-2008 CROWN VIC. 67,669 262 601 12363

2008 VEH.263-2008 CROWN VIC. 46,692 263 601 12364

2008 VEH.264-2008 CROWN VIC. 68,056 264 601 12787

2008 VEH.265-2008 CROWN VIC. 47,982 265 601 13037 2008 VEH.266-2008 CROWN VIC. 29,551 266 601 13038 2008 VEH.267-2008 CROWN VIC. 45,483 267 601 13039

2008 VEH.268-2008 CROWN VIC. 34,712 268 601 13040

2008 VEH.269-2008 CROWN VIC. 41,292 269 601 13041

2008 VEH.270-2008 CROWN VIC. 36,222 270 601 13042

2008 VEH.271-2008 CROWN VIC. 29,312 271 601 13043

2008 VEH.272-2008 CROWN VIC. 26,430 272 100 13044

2008 VEH.273-2008 CROWN VIC. 43,893 273 601 13045

2008 VEH.274-2008 CROWN VIC. 34,273 274 612 13046

2008 VEH.275-2008 CROWN VIC. 14,387 275 601 13047

5 11/15/2011 4 0


Year I Description Mileage I Veh# I Dept Asset 2008 VEH.276-2008 FORD CROWN VIC. 12,956 276 601 13048

2008 VEH.277-2008 CROWN VIC. 27,142 277 601 13049

2008 VEH.278-2008 CROWN VIC. 39,507 278 304 13050

2008 VEH.279-2008 CROWN VIC. 32,492 279 704 13051

2008 VEH.280-2008 CROWN VIC. 23,966 280 304 13052

2008 VEH.281-2008 CROWN VIC. 56,462 281 304 13053

2008 VEH.282-2008 CROWN VIC. 22,195 282 601 13054

2008 VEH.283-2008 CROWN VIC. 34,178 283 601 13055

2008 VEH.284-2008 CROWN VIC. 22,537 284 304 13056

2008 VEH.400-2008 CHEVY IMPALA 25,240 400 400 13026

2008 VEH.401-2008 CHEVY IMPALA 23,180 401 500 13027

2008 VEH.402-2008 CHEVY IMPALA 40,068 402 401 13028

2008 VEH.403-2008 CHEVY IMPALA 32,393 403 900 13029

2008 VEH.404-2008 CHEVY IMPALA 21,972 404 401 13030

2Cl08 VEH.405-2Cl08 CHEVY IMPALA 48,167 405 401 13031

2008 VEH.544-2008 CHEVY MALIBU 30,410 544 100 12336

2008 VEH.545-2008 CHEVY MALIBU 38,939 545 113 12337

2008 VEH.546-2008 CHEVY MALIBU 31,015 546 503 12338

2008 VEH.MCl-2008 ROADKING MOTORCYCLE 10,757 MC1 612 10902

2008 VEH.MC2-2008 ROADKING MOTORCYCLE 48,795 MC2 612 10903

2009 VEH.021-2009 CHEVY TAHOE 21,838 021 702 14307

2009 VEH.022-2009 CHEVY TAHOE 11,051 022 601 14308

2009 VEH.023-2009 CHEVY TAHOE 30,218 023 612 14309

2009 VEH.478-2009 INMATE TRANSPORT BUS 14,196 478 903 14322

2009 VEH.651-2009 CHEVY TAHOE 26,238 651 405 14188

2009 VEH.652-2009 CHEVY TAHOE 53,898 652 702 13893

2009 VEH.653-2009 CHEVY TAHOE 30,174 653 702 13894

2009 VEH.654-2009 EXPLORER XLT 26,109 654 405 13875

2009 VEH.659-2009 FORD MUSTANG 61,146 659 612 13744

2010 VEH.351-2010 CROWN VICTORIA 12,236 351 601 14794













6 11/15/2011 41


Year loescription Mileage I Veh# I Dept Asset 2010 VEH.365-2010 CROWN VICTORIA 14,565 365 601 14810











2010 VEH.409-2010 EXPLORER XLT 4X2 12,465 409 401 14792

2010 VEH.411-2010 EXPLORER XLT 4X2 20,366 411 401 14793

2010 VEH.665-CRIME SCENE VAN F550 CAB 2,721 665 402 14715

2010 VEH.666-2010 SUBARU IMPREZA sn 15,354 666 612 14717

2010 VEH.711-2010 FREIGHTLINER VAN 250 711 405 15456

2011 VEH.118- 2011 CLUB WAGON VAN 20,932 118 903 14791

2011 VEH.376 - 2011 CROWN VICTORIA 8,400 376 601 15594










2011 VEH.388 - 2011 CROWN VICTORIA 907 388 601 15604















7 11/15/2011 4 2

r,,.,;,

. '

Year !Description


Mileage I Veh # I Dept I Asset 2011 VEH.MC3-2011 MOTORCYCLE FLHP 6,902 MC3 612 15148

Over SOK Total 99

8 11/15/201~ 43

TO:

FROM:

DATE:


Joseph A Baird; County Administrator

Robert M. Keating, AICP;

Stan Boli~CP Planning Director

December 7, 2011

evelopment Director

/of\l PUBLIC

HEARING

RE: Consideration ofINEOS New Planet BioEnergy LLC's Request For an Economic Development Ad Valorem Tax Exemption (Tax Abatement)



On April 6, 2010, the Board of County Commissioners approved Resolution 2010-028, calling for a referendum to determine if the Board of County Commissioners should be authorized to grant Economic Development Ad Valorem Tax Exemptions (herein after referred to as tax abatements). As part of that resolution, the referendum was scheduled to be held in conjunction with the general election on November 2, 2010.

After the April 6th resolution was adopted, the County Attorney prepared a tax abatement ordinance that was adopted by the Board of County Commissioners on June 22, 2010 (Ordinance 2010-014). That ordinance was adopted in advance of the referendum and was structured to take effect on November 2, 2010, if the referendum was approved by voters. The purpose ofcompleting the tax abatement ordinance in advance of the referendum was to better inform voters of tax abatement program details and to enable the County to process and grant tax abatement applications immediately after voter approval of the referendum. On November 2, 2010, the voters of Indian River County approved the tax abatement referendum, and the tax abatement ordinance then went into effect. That ordinance, along with state statutes, establishes tax abatement requirements, sets tax abatement limitations, and governs the County's tax abatement process (see attachment #1).

Prior to the referendum, INEOS New Planet BioEnergy expressed an interest in applying for a tax abatement for its proposed bio-fuel facility at 7 4th Avenue/Oslo Road and began discussions with staff on tax abatement application requirements. Besides tax abatement, several other economic development incentives were discussed with INEOS prior to commencement of the facility construction project. As a result of those discussions, INEOS applied for and obtained approval of a county jobs grant for its project.

F:\Community Development\Users\CurDev\BCC\2011 BCC\INEOS ad valorem report.doc 1 144

Last spring, INEOS submitted preliminary tax abatement information along with a tax abatement application form. Recently, INEOS New Planet BioEnergy submitted the information necessary to complete its formal tax abatement application (see attachment #2). That application is the first tax abatement application received by the County.

As indicated in its tax abatement application, INEOS New Planet BioEnergy LLC proposes to locate at 925 74th Avenue S.W., Vero Beach. That site is the location of the former Ocean Spray plant.

As of this time, INEOS has obtained site plan approval and has obtained permits to demolish the old plant and construct a new bio-fuel plant and power generation facility on the subject site. The facility will be a true production facility as well as a demonstration facility for prospective INEOS customers. Currently, project construction is under way, and it is estimated that all construction for the entire facility will be completed by June 2012.

At this time, it seems that a control room building for the facility may be completed by the end of the year. Since completed components of the project, if any, will be assessed by the Property Appraisers Office on or around January I, 2012, the tax abatement application needs to be processed expeditiously, prior to completion and assessment of any completed project improvements. For that reason, staff has scheduled the tax abatement application for consideration by the Board of County Commissioners (BCC) at its December 20, 2011 meeting.

In accordance with the provisions of the tax abatement ordinance, planning staff coordinated with the County Attorney, the Property Appraisers Office, and the Chamber of Commerce to process the INEOS tax abatement application. In addition, the EDC (Economic Development Council) reviewed the application at its December 6, 2011 meeting and recommended that the Board approve the requested abatement as presented (see attachment #11 ).

ANALYSIS

As structured, the County's tax abatement ordinance authorizes the BCC, at its sole discretion, to grant qualifying businesses an exemption from certain ad valorem taxes (property taxes) for a period ofup to 10 years. Under the ordinance, the BCC may exempt (abate) up to 100% of the assessed value of new real property improvements and newly installed tangible personal property for purposes of assessing "County taxes". Consistent with the tax abatement ordinance, the "County taxes" that will be abated for the INEOS project are those taxes associated with the General Fund, the Municipal Services Taxing Unit (MSTU), and the Emergency Services District Fund. No other taxes, such as School District taxes or taxes levied for the payment of bonds, are affected by the tax abatement. For the 2010/2011 budget year, the combined amount of the 3 "County taxes" referenced above comprises approximately 30 - 40% of the typical property tax bill for a property lying in the unincorporated county.

• Qualifying for Tax Abatement

Consistent with state statutes, the County's tax abatement program is an economic development incentive available for business expansion projects and new business projects that qualify under the terms of the tax abatement ordinance. In this case, the proposed INEOS bio-fuel facility will produce up to 8 million gallons ofbio-fuel per year and constitutes a manufacturing plant that will establish jobs for ten (10) or more full-time employees. Therefore, the INEOS facility qualifies for tax abatement consideration under the terms of the tax abatement ordinance (see pages 4 and 5 of attachment #1).

F:\Community Development\Users\CurDev\BCC\201 l BCC\INEOS ad valorem report.doc 2 145

• Scoring the INEOS Tax Abatement Application

According to the tax abatement application submitted by INEOS, the facility now under construction for tax abatement will:

• Generate 53 permanent, full-time jobs by March 31, 2012 Estimated annual payroll: $3,126,000. Estimated average annual wage of $58,981 ( excluding benefits such as health and dental insurance, 401k and pension contributions and life insurance).

• Include capital investment in the site consisting of an estimated $46,606,919* in tangible personal property ( e.g. industrial equipment) and $7,730,758 * in real property improvements ( e.g. site work and buildings).

- Estimated total capital investment: $54,337,677*.

*Value estimates provided by INEOS reflect installed costs and are higher than the tax assessment values estimated by the Property Appraiser's Office. Differences in installed costs versus tax assessment values are due primarily to factors such as immediate depreciation from retail cost and market value compared to construction cost.

• Meet adopted economic development policies: As a "Business Energy/Biofuels" use, the facility qualifies as a Target Industry under Policy 2.5 (see attachment #3). As a demonstration "showplace" used by INEOS to market its non-food crop biofuel facilities around the world, the facility will attract visitors and prospective clients and further Tourism Development Objective 6 (see attachment #4).

In a report provided by the Chamber of Commerce (see attachment #8), the positive economic development impacts and benefits of the INEOS facility are described. Those characteristics provide the basis to evaluate and score the tax abatement application in accordance with the scoring guidelines adopted by the BCC (see attachment #5).

Under the scoring guidelines, a project scores more points for a higher number of jobs, higher average wages, higher local capital investment, and for having special economic development attributes. For projects that score higher point totals, the guidelines establish higher tax abatement levels and longer tax abatement timeframes (tax years). In this case, staff has scored the INEOS application as follows:

1. Number of new full-time jobs created (53 manufacturing jobs) .............................. .30 points 2. Level of average annual wages ($58,981/year or 169% of county average) .................. 30 points 3. Level oflocal capital investment ($54,337,677) ................................................ 20 points 4. Special economic development attributes (meeting Policy 2.5, Objective 6) ............... 10 points Total Application Score 90 points

Based upon a total score of 90 points, the INEOS application qualifies for the highest category of tax abatement (81 or more points). That category provides for a IO year tax abatement with the following schedule:


Year 1. .......... 100% Year 6 ............. 70% Year 2 ........... 100% Year 7 ............. 60% Year3 .......... .100% Year 8 ............. 50% Year4 ............ 90% Year9 ............ .40% Year 5 ............ 80% Year 10 ............ 30%

Based on information provided by the applicant, the Property Appraiser's Office has estimated the potential assessed value of INEOS's taxable real property improvements at $1,500,000 and tangible personal property at $31,500,000 for a total assessed value of$33,000,000. A taxes abated scenario for the INEOS facility, based on certain assumptions stated below, is as follows:

Property Taxes Abated Property Taxes Paid Property Taxes Paid

GF, MSTU, ES Dist. GF, MSTU, ES Dist. Schools, Bonds, Other

At 5.8773 Mills At 5.8773 Mills At 10.3126 Mills

Year I $193,951 0 $340,316

Year2 $175,437 0 $307,831

Year3 $156,924 0 $275,346

Year4 $124,599 $13,870 $242,965

Years $95,918 $23,979 $210,377

Year6 $70,998 $30,444 $177,995

Year7 $49,722 $33,148 $145,408

Year8 $36,792 $36,792 $129,218

Year9 $29,445 $44,198 $129,218

Year 10 $22,099 $51,544 $129,218

$955,885 ( abated) $234,034 (oaid) $2,087,892 (naid)

Assumptions:

( a) No additional real property or tangible personal property improvements are made during the abatement period.

(b) The 2011/2012 millage rates for the General Fund (3.0892 mills), MSTU (1.0733 mills), and Emergency Services District (1. 7148 mills) tax funds are applied each year during the tax abatement period for a total of 5. 877 3 mills, and the rate for other property taxes remains at 10.3126 mills (rate for 2011/2012) each year during the tax abatement period.

(c) The initial assessed value of completed improvements in Year 1 of the abatement period is $33M.

(d) Depreciation of the initial assessed value of tangible personal property ($31.5M) is applied at a rate of 10% per year with a floor at 35% of initial assessed value for years 8, 9, and 10.

(e) No change in the assessed value of the real property improvements ($1.5M) during the abatement period.


(f) The highest category of tax abatement award is applied during the tax abatement period.

Property taxes abated scenario expressed in current dollars: Initial Assessed value (Year 1): $33,000,000 Millage rate (3 affected tax funds) totals: 5.8773 mills Depreciation applied to tangible personal property as described above Highest abatement award category 10 year schedule applied

This scenario provides a rough estimate of the maximum potential tax abatement amount. The actual assessed value for any given year during the abatement period will be determined by the Property Appraiser's Office on or around January 1st of the given year.

• Timing

According to the INEOS tax abatement application, the facility will be completed in June 2012. Based on that completion date, the facility will first be assessed for tax purposes on or about January 1, 2013 for the 2013 tax year. Therefore, the application proposes that the tax abatement (Year 1) begin in 2013.

• Limitations & Safegnards

As previously described in this report, the tax abatement ordinance limits the tax abatement to new real property improvements and added tangible personal property associated with certain types of qualified businesses. Also, the tax abatement applies to a limited number of tax funds for a maximum of 10 years. In addition, the tax abatement ordinance requires tax abatement grantees to enter into a tax exemption (abatement) agreement with the county, meet all exemption (abatement) requirements on a continuing basis, file an annual compliance report with the county, and immediately advise the county of any failure of the business to meet exemption (abatement) requirements. Under the tax abatement ordinance, the BCC is authorized to revoke or revise the exemption if the BCC determines that the business no longer meets the exemption requirements or that the application or any annual report contains a materially false statement that would have affected granting or continuing the exemption (see pages 9 and 10 of attachment # 1 ). Those limitations and safeguards apply to the INEOS application.

• Ordinance & Agreement

In order to approve the subject tax abatement application, the County must adopt an ordinance specifically for the INEOS abatement and approve an agreement with INEOS. With input from the Budget Office and the Planning Division, the County Attorneys Office has prepared an ordinance and an agreement (see attachments 9 and 10). As proposed, the ordinance provides findings and establishes a 10 year abatement beginning in 2013. Consistent with the County's tax abatement ordinance, the proposed agreement requires INEOS to provide an annual status report to confirm compliance with tax abatement requirements and commitments as referenced in the "Limitations & Safeguards" section above.

CONCLUSION

Based on the analysis conducted, staff has determined that the proposed INEOS bio-fuel facility qualifies for the County's tax abatement program. In addition, staff's analysis indicates that the INEOS tax abatement application scores in the highest award category under the county's tax abatement scoring guidelines. Based on those guidelines, the proposed INEOS bio-fuel facility qualifies for a 10 year tax

F:\Community Development\Users\CurDev\BCa2011 BCC\INEOS ad valorem report.doc 5 148

abatement beginning in 2013. If a 10 year property tax abatement is granted as recommended, the maximum potential total property tax abatement over the 10 year period in current dollars is roughly estimated to be $955,885. For the same 10 year period, the maximum potential total property taxes paid in current dollars is roughly estimated to be $2,087,892 for schools, bonds, and other districts and $234,034 for the general fund, MSTU, and emergency services fund.

RECOMMENDATION

Staff recommends that the Board of County Commissioners:

I. Find that the INEOS facility qualifies as a "New Business" under the tax abatement ordinance; and

2. Find that the application scores in the highest tax abatement award category under the adopted scoring guidelines; and

3. Grant a tax abatement using the schedule for highest award category, with the 10 year abatement period to begin in 2013; and

4. Approve the attached ordinance granting an economic development ad valorem tax exemption to INEOS New Planet Bioenergy, LLC; and

5. Authorize the chairman to execute the Economic Development Tax Exemption Agreement For INEOS New Planet Bioenergy, LLC Facility.

ATTACHMENTS

I. Indian River County Tax Abatement Ordinance (2010-014) 2. INEOS Tax Abatement Application (Confidential Information Withheld) 3. Economic Development Policy 2.5 4. Tourism Development Objective 6 5. Tax Abatement Scoring Guidelines 6. Sample Tax Exemption (Abatement) Agreement 7. Property Appraiser's Office Assessed Value Estimates 8. Chamber of Commerce Report 9. Draft Ordinance for INEOS Exemption (Abatement) 10. Draft Agreement with INEOS 11. Draft Minutes of December 6, 2011 EDC Meeting

Indian River County

Administrator

Legal

Budget

Risk Management

Department


ORDINANCE NO. 2010- 014

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING TITLE XI, CODE OF ORDINANCES, ENTITLED "ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION"; PROVIDING FOR THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION; PROVIDING FOR A SUNSET DATE; AND PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL OF THE ELECTORS OF INDIAN RIVER COUNTY.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:

SECTION 1. There is hereby created a new Title XI of the Indian River County Code (the "Code"), entitled "Economic Development Ad Valorem Tax Exemption."

SECTION 2. Title XI of the Code is hereby created to read as follows:

TITLE XI. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION

Section 1100.01. Short Title.

Title XI shall be known as the Indian River County Economic Development Ad Valorem Tax Exemption Ordinance.

Section 1100.02. Enactment Authority.

Article VII, section 3, of the Constitution of the State of Florida and section 196.1995, Florida Statutes, authorize the County to grant economic development ad valorem tax exemptions to new businesses and expansions of existing businesses after the electors of the County, voting on the question in a referendum, authorize such exemptions.

Section 1100.03. Findings of Fact.

(a) An important function of local government is the promotion of a strong local economy by providing financial incentives that will encourage new businesses to locate and existing businesses to expand within its jurisdiction, thereby creating new jobs, improvements to real property, and additions to tangible personal property.

1

ATTACHMENT 115 Q


(b) The health, welfare and general well-being of the citizens of Indian River County will be enhanced by the location of new businesses and the expansion of existing businesses within Indian River County.

(c) The Board of County Commissioners determines that the granting of economic development ad valorem tax exemptions to new businesses locating in Indian River County and to existing businesses expanding in Indian River County will promote and strengthen the local economy and thereby enhance the health, welfare and general well-being of the citizens of Indian River County.

Section 1100.04. Definitions of Terms.

The following words, phrases, and terms shall have the meanings set forth below. To the extent that such meanings incorporate provisions of Florida Statutes, such meanings are intended to incorporate the provisions of Florida Statutes, as amended from time to time:

(a) Applicant - Any person or entity who files an application requesting an Economic Development Ad Valorem Tax Exemption pursuant to this ordinance.

(b) Application - A written application on the form prescribed by the Department, together with any supplemental form prescribed by the County and any additional information requested by the County.

(c) Board - The Board of County Commissioners of Indian River County.

(d) Brownfield Area - An area designated as a brownfield area pursuant to section 376.80, Florida Statutes.

(e) Business - Any activity engaged in by any person or entity, with the object of private or public gain, benefit or advantage, either direct or indirect.

(f) County - Indian River County, Florida.

(g) Department - The Florida Department of Revenue.

(h) Director - The Indian River County Community Development Director, or his/her designee.

2

ATTACHMENT 1J51

ORDINANCE NO. 2010· 014

(i) Enterprise Zone - An area designated as an enterprise zone pursuant to section 290.0065, Florida Statutes.

U) Exemption or Economic Development Ad Valorem Tax Exemption - An ad valorem tax exemption granted by the Board in its discretion to a qualifying New Business or Expansion of an Existing Business pursuant to this ordinance, and as authorized by Article VII, section 3 of the Constftution of the State of Florida and section 196.1995, Florida Statutes.

(k) Expansion of an Existing Business -

(1) A Business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tangihle personal property at a fixed location and which comprises an industrial or manufacturing plant; or

(2) A Business establishing twenty-five (25) or more jobs to employ twenty-five (25) or more full-time employees in this County, the sales factor of which, as defined in section 220.15(5), Florida Statutes, for the facility with respect to which ii requests an Exemption is less than 0.50 for each year the Exemption is claimed; provided that such Business increases operations on a site colocated with a commercial or industrial operation owned by the same Business, resulting in a net increase in employment of not less than ten (10%) percent or an increase in productive output of not less than ten (10%) percent; or

(3) Any Business located in an Enterprise Zone or Brownfield Area that increases operations on a site colocated with a commercial or industrial operation owned by the same Business.

(I) Exemption Agreement - A written agreement entered into between the County and an Applicant receiving an Exemption pursuant to this ordinance, as described more fully in section 1100.09 below.

(m) Exemption Ordinance - An ordinance granting an Exemption, as described more fully in section 1100.08 below.

(n) Exemption Requirements - All requirements and conditions which must be satisfied for the granting and continuation of an Exemption, including those set

3

ATTACHMENT 1 5J2

ORDINANCE NO. 2010-014

forth in general law, this ordinance, the Exemption Ordinance and the Exemption Agreement.

(o) Improvements - Physical changes made to real property consisting of structures or other improvements placed on or under the land surfaces.

(p) New Business -

(1) A Business establishing ten (10) or more jobs to employ ten (10) or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or

(2) A Business establishing twenty-five (25) or more jobs to employ twentyfive (25) or more fuH-time employees in this County, the sales factor of which, as defined in section 220.15(5), Florida Statutes, for the facility with respect to which it requests an Exemption is less than 0.50 for each year the Exemption is claimed; or

(3) An office space in this County owned and used by a corporation newly domiciled in this state; provided such office space houses fifty (50) or more full-time employees of such corporation; provided that such Business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same Business; or

(4) Any Business located in an Enterprise Zone or Brownfield Area that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same Business.

(q) Real Property- Shall have the meaning set forth in section 192.001 (12), Florida Statutes.

(r) Sales Factor - The sales factor is a fraction the numerator of which is the total sales of the Applicant in this State during the taxable year or period and the denominator of which is the total sales of the Applicant everywhere during the taxable year or period, as defined in section 220.15(5), Florida Statutes.

4

ATTACHM£NT 1~ 3


(s) Tangible Personal Property - Shall have the meaning set forth in section 192.001(11 )(d), Florida Statutes.

(t) Violation of Law - A violation of any federal, state or local law which, in the sole discretion of the Board, is sufficiently serious that it would not be in the best interests of the citizens of the County that the violator be granted or continue to receive the benefits of an Exemption.

Section 1100.05. Establishment of Economic Development Ad Valorem Tax Exemption.

(a) Subject to the remaining provisions of this ordinance, there is hereby established an Economic. Development Ad Valorem Tax Exemption for certain ad valorem taxes levied by the County. The Exemption is a local option tax incentive for a qualifying New Business or Expansion of an Existing Business which may be granted or refused at the sole discretion of the Board.

(b) At the sole discretion of the Board, the Exemption may be granted for (i) up to one hundred (100%) percent of the assessed value of all Improvements to Real Property made by or for the use of a New Business and of all Tangible Personal Property of such New Business, and (ii) up to one hundred (100%) percent of the assessed value of all added Improvements to Real Property made to facilitate the Expansion of an Existing Business and of the net increase in all Tangible Personal Property acquired to facilitate such Expansion of an Existing Business, provided that the Improvements to Real Property are made, or the Tangible Personal Property is added or increased, on or after the day the Exemption Ordinance is adopted.

(c) The term of the Exemption shall be up to ten (10) years, as set forth in the Exemption Ordinance; provided, however, that the continuation of the Exemption from year to year shall be contingent upon the Applicant's continued compliance with the Exemption Requirements.

(d) The Exemption shall not apply to Improvements to Real Property or to Tangible Personal Property which were included on the tax rolls prior to the effective date of the Exemption Ordinance.

5

ATTACHMENT 1l5 4


(e) Property acquired to replace existing property shall not be considered to facilitate an Expansion of an Existing Business.

(f) No Exemption shall be granted for the land upon which a New Business or Expansion of an Existing Business is to be located.

(g) Any Exemption granted for a New Business or Expansion of an Existing Business is transferable between businesses, provided, the transferee Business (i) continues to comply with all Exemption Requirements; and (ii) assumes in writing all of the obligations of the transferor Business under the Exemption Agreement.

(h) The Exemption shall apply only to taxes levied by the County, except !bat the Exemption shall not apply to taxes levied for the payment of bonds, or to taxes authorized by a vote of the electors pursuant to section 9(b) or section 12 of Article VII of the Constitution of the State of Florida.

(i) The Exemption shall not be available to any Business which, at any time within two (2) years prior to filing of the Application, or at any time subsequent to filing of the Application but prior to adoption of the Exemption Ordinance, was found guilty of a Violation of Law.

0) The decision of the Board to grant or deny an Exemption shall be a legislative decision. No precedent shall exist by reason of any decision to grant or deny an Exemption.

Section 1100.06. Application for Exemption.

(a) Any Business requesting an Exemption shall file an Application with the Indian River County Community Development Department.

(b) The Application must be filed no later than March 1 of the year in which the Exemption is desired to take effect.

(c) There shall be no fee for filing the Application.

6

ATTACHMENT 1 '5


Section 1100.07. Consideration of Application.

(a) Within ten (10) days of receipt of a completed Application, the Director shall review the Application and determine whether it facially meets all requirements to qualify for an Exemption. If the Director determines that the Application facially does not meet all requirements to qualify for an Exemption, the Director shall so notify the Applicant in writing and the applicant will have thirty (30) days from the date of such notice to appeal the Director's determination directly to the Board.

(b) If the Director determines that the Application facially does meet all requirements to qualify for an Exemption, the Director shall promptly deliver a copy of the Application to (1) the Property Appraiser who, within thirty (30) days of receipt, shall provide a report as set forth in subsection (c) below, (2) the Indian River County Economic Development Council which, within thirty (30) days of receipt, shall provide written comments, if any, (3) the Indian River County Chamber of Commerce which, within thirty (30) days of receipt, shall provide a report of the positive economic impacts of the proposed New Business or Expansion of an Existing Business, and (4) if applicable, any incorporated municipality, Community Development Agency, Brownfield Area Advisory Committee, or other such agency or committee having jurisdiction with respect to the subject real property. Within thirty (30) days of receipt, such municipality, agency or committee shall provide written comments, if any. All written comments shall be provided to the Director. Within sixty (60) days of receipt of the completed Application, the Director, consulting with other departments of the County as necessary, shall conduct an analysis of the Application and prepare a written recommendation to the Board.

( c) The Property Appraiser's report shall include the following:

(1) The total revenue available to the County for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total revenue available cannot be determined;

(2) Any revenue lost to the County for the current fiscal year by virtue of exemptions previously granted under this section, or an estimate of such revenue if the actual revenue lost cannot be determined;

7

ATTACHMEN11 5 4


(3) An estimate of the revenue which would be lost to the County during the current fiscal year if the Exemption applied for were granted had the property for which the Exemption is requested otherwise been subject to taxation; and

(4) A determination as to whether the property for which an Exemption is requested is to be incorporated into a New Business or the Expansion of an Existing Business, as defined in section 196.012(15) or (16), Florida Statutes, or into neither, which determination the Property Appraiser shall also affix to the face of the Application. Upon the request of the Property Appraiser, the Department shall provide to him/her such information as it may have available to assist in making such determination.

( d) Within thirty (30) days of completion of the reports or comments set forth in subsections (b) and (c) above, the Director shall present the Application to the Board together with the Property Appraiser's report, the Director's analysis and recommendation, and any written comments received. Based upon the materials received, and applying the guidelines set forth in subsection (e) below, the Board shall decide in its sole discretion either to proceed forward toward the adoption of an ordinance granting the Exemption, or to deny the Application.

(e) Any recommendation of the Director or decision of the Board shall take into consideration the following factors:

(1) The number of new jobs projected to be established in the County (2) The average wage paid with respect to the new jobs (3) The estimated amount of capital investment to be made by the Business

in the County (4) The extent to which the Business may qualify as (i) an Innovation

Business, as defined in section 288.1089(2)G), Florida Statutes, (ii) a business in a targeted industry as identified from time to time by the Board, or (Iii) a business which may otherwise encourage the location or expansion of other businesses in the County

(5) The extent to which the Business is likely to procure materials or supplies from local businesses

(6) The net positive contribution lo the local economy

In addition to the above factors, the Board may consider any other activity or factor that relates to economic development within the County.

8

ATTACHMENT1 5f


Section 1100.08. Ordinance Granting Exemption.

An Exemption Ordinance shall be adopted in the same manner as any other ordinance of the County, and shall include the following:

(a) The name and address of the New Business or Expansion of an Existing Business to which the Exemption is granted;

(b) The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year, the total amount of revenue lost to the County for the current fiscal year by virtue of Exemptions currently in effect, and the estimated revenue loss to the County for the current fiscal year attributable to the Exemption of the Business named in the ordinance;

(c) The amount of the Exemption, stated as a percentage of the assessed value of all Improvements or tangible personal property subject to the Exemption;

(d) The period of time for which the Exemption will remain in effect and the expiration date of the Exemption; and

(e) A finding that the Business named in the Exemption Ordinance meets the requirements of section 196.012(15) or (16), Florida Statutes.

Section 1100.09. Exemption Agreement.

No Exemption granted hereunder shall be effective until the Business enters into an Exemption Agreement with the County. The Exemption Agreement shall contain (1) a clear acknowledgment by the Business that the Exemption shall continue to exist only for so long as the Business continues to meet all Exemption Requirements, and (2) such other matters required by the County.

Section 1100.10. Continuing Performance.

(a) The Business shall continue to meet all Exemption Requirements during the term of the Exemption;

(b) No later than March 1 of each year during the term of the Exemption, the Business shall provide an annual report to the Director which shall certify and, if requested by the Director, contain satisfactory proof, that the Business continues to meet all Exemption Requirements;

9

ATTACHMEMT 1 Ji 8


(c) The Business shall timely comply with all requirements of section 196.011, Florida Statutes during the term of the Exemption; and

(d) The Business shall immediately advise the County of any failure by the Business to meet all Exemption Requirements.

Section 1100.11. Revocation of Exemption.

(a) The Board may revoke or revise the Exemption at any time if the Board determines in its sole discretion that ( 1) the Business no longer meets all of the Exemption Requirements, (2) the Application or any Annual Report contains a material false statement, such that the Exemption likely would not have been granted or continued if the true facts had been known, or (3) the Business is found guilty of a Vlolation of Law; and

(b) If it is determined that the Business was not in fact entitled to an Exemption in any year for which the Business received an Exemption, the County, Property Appraiser or Tax Collector shall be entitled to recover all taxes not paid as a result of the Exemption, plus interest at the maximum rate allowed by law, plus all costs of collection, including, without limitation, reasonable attorney's fees.

Section 1100.12. Applicability.

This ordinance shall be applicable throughout the incorporated and unincorporated areas of Indian River County.

Section 1100.13. Sunset Date.

Pursuant to section 196.1995, Florida Statutes, this ordinance shall expire on November 2, 2020, ten (10) years after the date such authority to grant Exemptions was submitted to the electors of the County voting in a referendum. The expiration of the ordinance shall not affect the continued existence of any Exemption granted prior to November 2, 2020.

SECTION 3. Severability.

If any provision of this title is held invalid, the invalidity shall not affect other provisions which shall be given effect without the invalid provision. To this end, the provisions of this title are declared severable.

10

ATTACHMENT 1 5.9


SECTION 4. Effective Date.

This ordinance shall become effective on November 2, 2010 only if a majority vote "yes" in favor of the authority of the Board to grant property tax exemptions to new businesses and expansions of existing businesses, at the referendum scheduled for November 2, 2010. If a majority vote "no" against such authority, this ordinance shall be null and void.

This ordinance was advertised in the Vero Beach Press Journal on the 11th day of June 2010, for a public hearing to be held on the 22nd day of June , 2010, at

which time it was moved for adoption by Commissioner Davis seconded by Commissioner Fl escher and adopted by the following vote:

Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler

Aye Aye Aye Aye Aye

The Chairman thereupon declared the ordinance duly passed and adopted this 22 day of June , 2010.

ATTEST: Jeffrey K. Barton, Clerk

.«L .. ~ Dep~

11

BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA

ATTACHMENl 1 6b


to new businesses and expansions of existing businesses, at the referendum scheduled for November 2, 2010.

ACKNOWLEDGED by the Department of State of the State of Florida this ~ day of June , 2010.

12

ATTAtHMEffl 1 61

INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT AD VALOREM

TAX ABATEMENT APPLICATION • To be filed in the Community Development Department no later than March 1 of the year the exem tion is desired to take effect. I. APPLICANT INFORMATION:

ltJ€os c<N Pt -F>t->e-r LCC Business Name Business Owners Name era-~- Th. A - ~ - U<::,r,JUt:; SW Va::o (3eP-c.h f<'... 3.:}.''((,8'- 970,9.

Address City State Zip Code c,,30. 1r;-7_ ?cc.c.. {€ . Vok-AT G tb,Jco s. CO l'l'\

Phone Number Email Website

L €0 tJP-e )fC' o,s.J:~o{ (E tJeo::,. B;o 0 /J1 Contact Person Title Vctsl,o"'"c • Letter of authorization from corporate officer if applicant is other than corporate officer (if

applicable, attach to completed application)

Business Unit's Federal Employer Identification Number: Business Unit's Unemployment Compensation Number:

Which of the following best describes this business: B,,,New business to Indian River County

D Existing business in Indian River County creating new jobs If an expansion, how many jobs are currently in the business? __________ _

II. PROJECT SITE LOCATION:

"!J;' 7,.(T1-, Av - - Sy/ 1/ eRo 8-E,,.et-.. fc 3d: "/_(,, 8 - 0 , 7 0 ' - t:IJU<: Address Citv State Zio Code

Property Parcel Number(s) 3338'c:},;"oooo\oc I oaoool. o

Current Location (if different):

Address City State Zip Code

Property Parcel Number(s)

• Legal description and survey sketch ofreal property (attach to completed application) • Verified statement (separate letter) naming every individual or entity having legal or equitable

ownershio interest in the real property (attach to completed annlication)

P:\Community Development\Users\CurDev\Applications\Tax Abatement Applic.ntion.doc 1801 27'h Street, Vero Beach FL 32960 {i) $2,; l'-/:1::,..clA cc. I

cou€f: (€,,er,, d.,.,c"o n,'\p,ec/--, (, oO 11,

ATTACHMEtlT 21 6 2

IIL BUSINESS DESCRIPTION:

• Business category [check one]

fid" Manufacturing (minimum 10 new jobs)

D New corporate office (minimum 50 new jobs)

0 Business with qualifying sales factor (see Appendix F; minimum 25 new jobs)

D Enterprise Zone location (minimum l new job)

• Give a full descrintion of the orimarv business activities/functions:

{0;;::(.,U 60.5:.,ess Clecf".,CID To Cc=rv-,:-- ,~! (7c? ~ 1--.;oklv ;

/t,.)k l(;U,---r«.~ {ccl-.-,n!c.~-" r,/n-.:...f~,,,...cfo,c -1:-h.t: .,,..,«acluc-,;,'~v-:, o--f!--. •; ' .•

C {,:-=" b10..f0..s/ ~,.,( /~ .. 1- co:s-1- cV\.Ci'i"t<",./ -•N.c?rccmr'o(,.,....(..;s;

"t ,o O .,._ P. t-t.l I .,,/ C: I?,._.-., a c o+- I cw co:s- cP-1?bo,.,:, M~--i.,~·1~1 s

i,.:, r f"J lNO h.ou ~.;I.A ( .J <--'-' ,-. .,-{,.:- • •

• If qualifying as a new corporate office, provide date of incorporation in Florida: 1J {A

• If qualifying as a sales factor business, provide sales factor data and calculation (attach to comoleted annJication)

List the NAICS Code(s) for the business: Note: NAICS Codes for business types can be found at the following website: www.census.gov1epcd/naics1 3 a;- 11. 3 cf\.} f',,( c: 5 coJ.c) Will the site be a dedicated headquarters office (regional, national, or international)? f'-.l o .

Has the State of Florida ad valorem tax exemption form been filed? (see Appendix B) DY es 0No If ves. nlease attach completed state form. If no, please attach DRAFT of completed state form.

IV. JOB CREATION INFORMATION:

Anticpated number of new full-time jobs that will be created by the business in Indian River County: .'::>3

Salary range of new full-time jobs identified in the previous question: (I; PLEASE LIST ALL NEW POSITIONS AND SALARIES ON APPENDIX A OF APPLICATION

180127<h Street, Vero Beach FL 32960 F:\Community Development\User.;\CurDcv\Applications\Tax Abatement Application.doc

2

ATTACHMEffT 11) 3

• Phase Number of net new full-time equivalent Date by which jobs Average Annual lobs created in the business will be created Wa2es ($)

I (7 Si;P 3o, JO 1 (

II ifii- D€"C 31 JO l l

HI 10 IV\"'" 31,dOlc}

Total :,3 l'Ylf>,< 3 I, cf o t.}. !'!3.1,H,,.,.;t(,"o,1

v. TANGIBLE PERSONAL PROPERTY (to be acquired after tax abatement is 2ranted):

Itemization and description of tangible personal property (see Appendix D for definition) of the business for which abatement is sought, including estimated value and date of personal property acouisition:

S2~- o.f-.\.,..clo-,_,.J.

• Total value of tangible personal property investment: $ '-i (,.. c, o Z ""; ( ! , ·a .J

VI. IMPROVEMENTS TO REAL PROPERTY (to be made after tax abatement is 2ranted):

Itemization and description of improvements to real property (see Appendix E for definition) for which abatement is sought, including estimated value and date of completion of improvements:

S e e ... {-l,,. c h..; ..1 .

• Total value of real property improvement investment:$ 7. Z31 Mi(l10,J ' -•

I 801 27th Street, Vero Beach FL 32960 3 F:\Community Devclopmcnt\Uscrs\CmDcv\Applications\Tax Abatement Application.doc

ATTACHMENT 1U

VIL CONFIDENTIALITY:

Under Florida Statues 288.075 (see Appendix C), is the applicant requesting that any information provided as part of this application be treated as confidential? liJYes • No

If yes, indicate the specific information to be treated as confidential: f::[ l i,.__,,.fo., ,.,.,.:¼ iorJ s(J\oulol 6,.,---.liec?,-..-.f;c'o co,J-f1dcNYt,./ ,,-,cl,=-..f,,-,,.;l-c<y

'

VIII. CRIMINAL/CIVIL FINES OR PENAL TIES:

List and explain any criminal or civil fines or penalties or ongoing investigations that have been imposed upon the company, its executives, or its affiliates and any recent bankruptcy proceedings of the applicant or its parent company: µ " ·

PLEASE FIND A TT ACHED THE APPLICATION SCORING GUIDELINES USED BY THE COUNTY

To the best of my knowledge, the information included in this application is accurate. ----)

~ /--(j

• Indian River County Contact for Assistance Bill Schutt, Senior Planner 772-226-1243 [email protected]

IY\t'"'itcll\ I, d O( \

Date

( fcu; :xo )01-1€ 3o 1 Ja11)

1801 27th Street, Vero Beach FL 32960 F:\Community Developmcnt\Users\CurDev\Applications\Tax. Abt1tement Application.doc

4

ATTACHMENT 2 165

TAX ABATEMENT APPLICATION CHECKLIST

I. Brief narrative that describes nature of applicant's business

II. Letter of Authorization from corporate officer if applicable

III. Verified statement {separate letter) naming every individual or entity having legal or equitable ownership interest in the real property

IV. Legal description and sketch of project real property

V. Appendix A (job and wage infonnation) completed

.,er' • J2r • z •

J2r • .-1::r •

VI. State application fonn (DR-418) .. Er • {to be filed no later than March 1 of the year the exemption is desired to take effect)

1801 27"' Street, Vero Beach FL 32960 F:\Community Dcvelopmeut\Uscrs\CurDev\Applications\Tax Abatement Application.doc

5

ATTACHMENT 2 166

AppendixB Economic Development Ad Valorem Property Tax Exemption

Chapter 196.1995, Florida statutes To b& fl~d with the Board of County Comm!sstoners, the ;ovemlng boards ol Iha mun!clpal!ty, or bo!h, no latar than Marett 1 ol lh& year Iha ~xernptlon Is d0$!re0 to take elfe<:1,

t. Bu.slnassNameandMamngAddress: \ µ~OS 10 t:'w PL t-)€1 O '2 Lc...C "Id,;' Z'f1h f"Ve._iu.;- .5 1/€/ec dcectJ., fC 3ol'o/<:-8-"l7o"l-

DR-418 R. 12/99

2. Pleas& gfva name arid lelephone number ol Owner or Person Jn charge: of Ulis Buslm,ss. _

,, •• D,.,,vto!Kii,.19, )VDtKec,0 1:' ~ _ ro''!.''""'~''.'.77J,,,c.J.'j'.;.~d-3. Exacl Loca~on(LegalOescdptlonandSlree\Atidrns)ol Propartyfo1wf1lchth!S reMnlslltad· 4 c) '!). 7':{"Th. f:!>.Ut:. S, \,J 1/t:~0 &:;p.Cf-'l, f L 3J-<J' (o a .... J ?Cd--

Cl. Da!t)youbegan,orwillbe11in,bus!nessa1thl5faei1ft)': ,)oµ~ I rte(& Fr~: 3338'.:}:(0ooOtootocoClOI.O .s. a. oeserljllionortho 1mprovemen1e1oroalpcope1tyfo1whrcJ1 lhlsGJ!eml)Uonls wq\fl!St~:te" .... burl ~f rue:;, .s M-i A eo Ad S.

b. Daleolcommencement ofcoristrucJ.JonolJmPtOvemonts: ~L<"--'-'l'--<'-""°a=..,tc..,,1 __________________________________ _ & a Description ol lhe lat1g!bla porsona! properly lor which thts eitemptfon Is requruaed and date when Pl"OP'Jr\Y was or Is lo be purcliased·

T/IXl'l\VJ:A'S TAXPAYeA'S • ESTIMATeOF

I APPRAISER'S DATE OOlldilfon ESTIMATE OF OF ORIGINAL 1 f I FAIRMAAKET USE ONLY

CLASS OR ITEM AGE PURCHASED OOST 0 VALUE ~ec:.- ...._,...,. I. -- .

b. Averaga\lalue ol inventory onhantl;_--'O"'--------------------------------------------------c. Any 11ddil!onaJ parsonalproperty mll llsted above lorwNch an exemption lsdalm&d mu!ltbe tetumed on lorm OR·-405 (Tarlglbto Porsonal Property Tl1K R111urn} and a copy attaelled 10 this lorm.

7, Ooyou do-sire oxompUon as a "New8~inuss~r a.! M •e~pans1on of an Exlslln11 Business-• 8. OescribeTypeorNatu1eclYourausine · Ci'~ L r-,.Lcot-4.0L f'V' .uf.Ji=- c.;-,.,~t.U l c:s. 3

9. Trad& Lovol (Check as many as app:y) RclaliO WholesaleO Pt0rosslonalO Scrvk:oO Ol!lceO On1erO

.::-3 10. u. Numl>«ol luR-timeemploye&S to be employed In Flo~-'-'"'-"------------------------------------------

b, II an eli:pansion ol an eitis!Jng business:

(1} Netlncr'&as-ein empfoymen1, __ _,,,,.'-'A:.,_ _____________________________ ""--------------% {2) !ncreaselnproduclivs oul,OultasultingfromlJrJsexpanSlo,.._ _________________________________________ %

11. Saf&S faclot for lhe facility requaating axemp1ion:

Totalsares in F!o1klafromU11slaci'Gly-one(t) locali0Jton1y ___________________________________ ,:1tv1,:1oooy

To1a1saIes evet)whererron11hisfacili1y-one(J) locaUononrr---------------------------~--------------%

12. Foro!lice Sl)IJ,ee owned and usal'I by acorporaU011 newlydom!eited in Ro rids:

a. Oateoflncorpolllllonln Flotkl•·~---------------------------------------------------b, Numborol ful,Umeemployvesat thls-klcatio,.· _______________________________________________ _

I hereby roquesl Ille adoption ol an on:!lnanceg:re.nHng an e~emptlon from ad volorem l!lllall1man the above property pur.iual'II toSscUon lSS.1995, FIOfida StOMQS. l agrco lo rurnlsh such other roasonabloJnlarmaUon

O& !ho Soard of County Coroo,!&Sloners, lh8 ooveming: authority ot the mun!clpalily. or tho Pl'llp1n1y .Apprai'ssr may reques-1 in regard lo lhe exenlj'I\IOn requested heteW'l. I horoby eolllfy 1hat Iha !nforma\lon and valuation

slated above by me Is b\le, oo«eCI, aixi complete to lhG bes! of my ktlowlsOoe and be!Jef. (If prl!pared by somsone othorUllln U1e taxpayer. his dedara\Con Is based on all tnlorma1kln ot which he has 11ny knowlodge.)

DATe; -~f""Ltt~"-C=.J-"'..::..:....=,.----jC.,.-----------SIGNEO,-------~(P~rn-,,-•~O----------

S~=;,~~~___:~~-e:::....~~1rf\-hS~~~_.s:2.!,l.Ql~P.Iy. .Ji: 1Pieparer"$ Add,ess)

TITLE: _ _:,,.='°'-"'C.Jl..f:C,C,J..S .... ~----->.,,,J.------------Property Appraiser's Use Only

(Prsparar'S TelephOne NumQe1)

To111r ravenu&avallabte 10 the c:ounly ormunlc!panty for the <:wr~mt liscal year lrom ad vak:lrem lax sources:-------------------------------

11. Revonue lost!o ihoC01JJ11YOr munlclpa111y lorthe- rorr:enl fiscal year by viaue oteiempUOI\$ previously granted under lhis ~ei:liori: ------------------------

111, E:stilnate ot the revenue which would beklsl 10 !he county or municipality during !he ou,rent !isca! :µiar if lhe exomJ)llon app!lod forwarowant<icr nrnt tha property forWhlctz tile exemption Is ceque3!edwould 01heiwlsehave been subJe¢1 to taxation: __________________________________________________ _

IV, Estimale of the 1axab!e va!ue 10$1 to lll&COUnly or munk:tp::itlty ii Iha e~empllon applied for was granted; lmptovemenlsto malproporly ___________________ PlllliiOrl31 Ptopeay ____________________________ _

V. I have de!ermitt&d th&!. the property ll&IG!labove rnlMlls the deRnlli011, es defined by Sacllon t96.0l:Z(15) or (16), Ffo1ida StaU.116$,& a New 8uslnesaO, an 'l:xpanslon ol an Existing Uusfness"C, or NeltberO, VI. las!yearforwhiCh(IJramptionmaybespplled ________________________________________________ _

DAT€: ____________________________ _ SIGNED: -------~(P~,,~.,~rt~y•App=,,~ .. ~,,~------

AppilCBIJOn to be tiled no! later than March 1

ATTACHM£N~ &7

Comprehensive Plan Economic Development Element

OBJECTIVE 2: Diversified Economic Growth

Between 2010 and 2015, Indian River County will increase the number of jobs in the county's new high wage target industries by 1,000.

Policy 2.1: The County shall focus its industrial/business/technology/research expansion efforts on attracting and expanding clean, small-scale light manufacturing and assembly industries.

Policy 2.2: The county shall encourage the expansion of existing industries and attraction of new industries that are within the target industries list (Policy 2.5) by offering the following county adopted economic development incentives and assistance:

• Local Jobs Grant Program; • Traffic, Water, and Sewer Impact Fee Financing; • Utility Deposit Waivers; • Expedited permitting; • Maintenance of sufficient infrastructure capacity (roads, water, sewer); • Provision of Industrial Revenue Bonds; • Provision of job training through Indian River State College; • Provision of workforce training incentives from the Workforce Development Board of the

Treasure Coast (DBA Workforce Solutions); • Assistance with federal or state grant applications (such as Conununity Development Block

Grants); • State Qualified Target Industry Tax Refund Program; and • Tax Refunds and Tax Credits within the Enterprise Zone.

Policy 2.3: The county planning division shall track the number of jobs in target industries annually and provide a report to the EDC. The report shall include, but not be limited to, the total number of jobs by NAICS target industry category, the average wage by each NAICS target industry category, the percent and numeric change from the prior year for both the total jobs and their average annual wages. Annual data shall be provided for multiple years.

Policy 2.4: The Indian River County Chamber of Conunerce and other economic development groups designated by the Board of County Conunissioners shall provide assistance, as needed, to companies during the relocation process and report any actions taken to the Economic Development Council at their regular meetings.

Policy 2.5: The county, in coordination with the Indian River County Chamber of Conunerce, shall establish a list of target industries and evaluate this list annually in order to reflect the current economic needs of the county as well as the actual marketing results. The following is the list of the county's target industry clusters:

Community Development Department Indian River County 45


Clean Energy industry including but not limited to: • Solar Energy • Biomass Energy/Biofuels • Fuel Cells and Hydrogen • Ocean Energy

Life Sciences industry including but not limited to: • Biotechnology • Medical Device Manufacturing • Pharmaceuticals • Health Care

Information Technology industry including but not limited to: • IT Products/Services • Software Development • Modeling/Simulation/Training • Photonics/Lasers/Optics • Microelectronics • Telecommunications

Aviation/ Aerospace industry including but not limited to: • Aviation • Avionics • Flight Schools

Financial/ Professional Services including but not limited to: • Corporate/Regional Headquarters • Research and Development

Manufacturing/Warehouse/Distribution

Emerging Technologies including but not limited to: • Materials Science • Nanotechnology • Marine Science

Arts, Entertainment, Recreation including but not limited to: • Sports Facilities • Film Locations


ATTACHMENT 169


Post Secondary Public and Private Educational Institutions

Other clean light industries that have average annual wages that support an innovation economy.

To be eligible for local economic incentives, an industry must meet the target industry criteria established by the state with a focus on those industries that export the majority of products and services outside oflndian River County (as opposed to strictly areas outside of Florida). Currently, the target industry criteria are listed in Section 288.106(1)(0), Florida Statutes.

Policy 2.6: The County shall provide for the issuance oflndustrial Development Bonds for new industries.

Policy 2.7: The Economic Development Division of the Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall assist in providing entrepreneurial and management expertise and a well-trained, skilled, and educated workforce to industries that are within the target industries list (Policy 2.5).

Policy 2.8: The County, in cooperation with the Vero Beach Municipal Airport, the Sebastian Municipal Airport, the Indian River County Chamber of Commerce and its Economic Development Division, shall actively market airport industrial lots and space and coordinate its marketing plans with the airport's marketing plans.

Policy 2.9: The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall identify and increase investments needed to enhance a competitive advantage.

Policy 2.10: The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall facilitate interactions between venture capitalists, lawyers, scientists, entrepreneurs, and financiers for new product development and new target industries within the county.

Policy 2.11: The County shall request Federal and State agencies to expedite permit processing for target industries and to eliminate duplication and streamline permit processing. This shall include submission of letters and e-mails and phone calls to appropriate Federal and State agencies requesting expedited permitting and follow-up communications with these agencies.

Policy 2.12: The County building division shall provide weekend inspection services at cost, based on employee availability and the commercial/industrial tenant's need.

Policy 2.13: The County shall annually re-evaluate its economic development incentives by comparing its incentives with incentives offered by other jurisdictions.


ATTACHMENT 1 7j)


Development Division, shall request that all local governments within the county provide information pertaining to possible site locations for economic development prospects.

OBJECTIVE 6: Tourism Development

Through the plan time horizon, tourism will increase within the County to the point that by FY 2014/15 the County's annual local option tourist tax revenue will be at least $1,600,000 (FY 2007/08 tourist tax revenue= $1,496,835.35).

Policy 6.1: The County shall provide revenue from the bed tax to the Tourism Division of the Indian River County Chamber of Commerce and other tourism groups designated by the Board of County Commissioners to market eco-tourism and cultural tourism in relation to the county's environmental amenities and cultural offerings. The Tourism Division shall publish advertisements, which market the county's environmental amenities and cultural offerings. A representative of the Chamber of Commerce shall present those advertisements a!l_d illlY results to the Tourist Development Council.

Policy 6.2: The County shall provide Tourist bed tax to the Tourism Division of the Indian River County Chamber of Commerce and other tourism groups designated by the Board of County Commissioners, to partner with local resorts, hotels, and attractions to market the county as a destination. Marketing activities shall include various methods of advertising, promotion, travel shows, personal contacts and building relationships at a regional, national, and an international level. A representative of the Chamber of Commerce shall report to the Tourist Development Council on their marketing actions.

Policy 6.3: The County shall provide Tourist bed tax to the Tourism Division of the Indian River County Chamber of Commerce to collaborate with other tourism groups, environmental, cultural, sports organizations, attractions and event organizers to promote area events, attractions, and Indian River County as a destination resulting in overnight stays in county hotels.

Policy 6.4: The County, through its Comprehensive Plan and Land Development Regulations, shall maintain and/or improve the County's environmental, cultural, and aesthetic characteristics to attract tourists and businesses to Indian River County.

OBJECTIVE 7: Economic Development Community Acceptance

Through the plan time horizon, a majority of the County's population will recognize the importance of and support County economic development activities by supporting the County's economic development initiatives, such as tax abatement program referendums, needing voter approval.

Policy 7.1: The county, through the Indian River County Chamber of Commerce, Economic Development Council, and other economic development groups designated by the Board of County


171

INDIAN RIVER COUNTY AD VALOREM TAX ABATEMENT APPLICATION SCORING GUIDELINES

Scoring Matrix

NUMBER OF NEW FULL TIME JOBS CREATED Maximum Number of Points: 30

1. 10- 19 jobs (manufacturing) or 25 - 49 jobs (sales factor) or 50- 99 jobs (corporate office) or 1 - 2 jobs (Enterprise Zone)

2. 20 - 29 jobs (manufacturing) or 50 - 74 jobs (sales factor) 100- 149 jobs (corporate office) or 3 - 4 jobs (Enterprise Zone)

3. 30 - 49 jobs (manufacturing) or 75 - 99 jobs (sales factor) 150 - 199 jobs (corporate office) or 5 - 7 jobs (Enterprise Zone)

4. 50 or more jobs (manufacturing) or 100 or more jobs (sales factor) 200 or more jobs (corporate office) or 8 or more jobs (Enterprise Zone)

LEVEL OF AVERAGE WAGES Maximum Number of Points: 30

I. More than 75% but less than 100% county average wage

2. 100% or more but less than 115% county average wage

3. 115% or more but less than 150% county average wage

4. 150% or more

LEVEL OF LOCAL CAPITAL INVESTMENT Maximum Number of Points: 20

I. More than $100,000 but less than $500,000

2. $500,000 or more but less than $1,000,000

3. $1,000,000 or more but less than $5,000,000

4. $5,000,000 or more

F: \Community Developmen t\Users\Cur Dev\ST AN\20 I 0\taxabatementappscoresheet.doc

POINTS 10

18

25

30

POINTS 10

18

25

30

POINTS 20

20

20

20

HMENT 51172

PROJECT EXCELLENCE Maximum Number of Points: 20

• Special project attributes that advance county economic development goals, objectives, and oolicies

Award Categories

Ab atement p b ercentage JV Year Total Points Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr. 6 1. 40-60 . 100% 100% 80% 60% 40% 20% 2. 61-80 100% 100% 90% 80% 60% 40% 3. 81 or more 100% 100% 100% 90% 80% 70%

F: \Community Development\ U sers\CurDev\ST AN\20 I O\taxabatementappscoresheet.doc

Yr. 7 10% 20% 60%

POINTS 0- 20

Yr. 8 Yr. 9 0% 0% 10% 0% 50% 40%

ATTACHMENT

Yr. 10 0% 0%

30%

52173

ECONOMIC DEVELOPMENT ADV ALO REM TAX EXEMPTION AGREEMENT

THIS AGREEMENT is entered into as of the day of ------~ by and between Indian River County, a political subdivision of the State of Florida ("County") and _________ , a ________ , organized and existing under the laws of

the State of ______ ("Business").

WHEREAS, County has adopted the Indian River County Economfiill:Development Ad Valorem Tax Exemption Ordinance ("Ordinance"), set forth in Title XI qt1/4tfe' Indian River County Code

:•:···r,

("Code"), and ••iI

WHEREAS, County has adopted Ordinance No. 2pic- - . :'i!t' 'tnption Ordinance")

granting an economic development ad valorem tax exeh'if}i<;m ("Exempt to Business, and ,.:-,:,r:-:\:;:X:-. . ·-.,;:i)I(:}i"" ,.,.,):JI};fYf:"'

WHEREAS, the Ordinance and the Exemptiol)~f#!,~ji:!;~~ce it'* rovide that lli'.~1jifemption shall not be effective until County and Business ¢W:itr int~ 'dM:§,,Eco •· ;;;c Devej;g11ni~nt Ad Valorem

,,.-,.::,/.t•.. '\.l·:•.'·i·,,., ,,,(:;,;i,/!C)i.,, ;,;}j:)'.fr:•i,:-:'

Tax Exemption Agreement ("Agreemegf), '}£;;</zf<

NOW, THEREFORE, in consideratr1!i~J',the n{; valuable consideration, the receipt and dij~tt~!RY of

·•··. Iidertakings herein and other good and

are hereby acknowledged, the parties

hereby agree, as follows:

1. Recitals. The above ~~~ihits;m,\) tru~ ~fl c:J~~f•;§11d are incorporated herein.

2. Definition~; Wl)!~ss otheJ:i/ie.?tat~J,;~lJj,%llPitalized terms herein shall have the meaning set forth int)ae 0:t\'1tn;mce. , .. . ...

3. ~usfness' Repr~$;,ntl\{~3i~; C9r~nants and Warranties. At all times during the term • of the Exempti61;i1/~tisiness ;epresents, covenants and warrants to County that: (a) all

·· ti1c{q~(l~t~1)\ §UbrJ{fu~d by Business in the Application is, and was at the time of su15fuitta.i, · true (lc!ld d('lp:ect, (b) all information submitted by Business in any annual

report submitte!!lipursuant to section 1100.lO(b) of the Code will be, at the time of submittal, trµ~·iµid correct, (c) each representation previously made by Business to County's l3'dili'd of County Commissioners in a public meeting was, and each representation made by Business to County's Board of County Commissioners in the future will be, at the time of such representation, true and correct, ( d) Business will fully perform and remain in full compliance with all Exemption Requirements and all requirements of this Agreement, ( e) without limitation, Business will establish and continue to provide all jobs required for Business to qualify as a New Business [ or an

Expansion of an Existing Business] ("Jobs"), (f) without limitation, the average wage paid by Business with respect to the Jobs during each calendar quarter will be equal to

C:IDocumcms and Se11i11g,·l:;mn\Loca/ Set1illgs\Tempo1wy lmcmel f'ilesl0LK27ll::Co11omic D,,-,,e/opmem Ad Yale,,.,,,,, Tax Exempllon Agreemem (4).docx Page 1 of4

ATTACHMENT 1 i/ 4

or greater than the average wage represented by Business in the Application, and (g) Business has not committed and will not commit any Violation of Law ( each of

subparagraphs (a) through (f), "Commitment").

4. Violation by Business of Commitment: In the event of a violation by Business of any Commitment, County may, in its sole discretion, (a) revoke or revise the Exemption, effective as of the date of such action, (b) revoke or revise the exemption, effective as of the date of violation of the Commitment. In such case County, the Property Appraiser or the Tax Collector shall be entitled to recoveF,s\l]lor any portion of taxes not

paid after the date of violation as a result of the E,ff,£tion, plus interest, costs of collection and attorney's fees, as set forth in sectiorl'C,~j,,.Q0.l l(b);,;9f the Code, or (c) pursue any other remedy available in law or in equity. Ji!,,J,J~{j:f~§§ shall immediately

notify County in writing of any facts or ev~lJ:t~ which const\'.itr or may c:onstitute a violation by Business of any Commitment. 1, •:;,"",(0;, .,i&:;;;,

... ,1i!A1Jii;Yf;:&ft,,... il!~:1 ·. Zi&!;;/!~GJ''. 5. No Limitation of County's Rights,Ji:;:IJ1<'lthing'i'.j#J~is L¥gj'j~~~ent S~il:Il ffe construed as a

restriction or limitation of County;f~)'f::ights aJl¾g~t fo~4f;r,1, .. gertiif~f law or the Code .·:.:"./:1/

1.,: _::-:'i,:;i:}r ••,:,,:,:,,,i1,:,,,,.,,.1-:,;;:::,-;.:(1,?1;,:,i"' '

including the Ordinance and4j~':lj:xemp£r9n Or/lance. ······ ........ '

6. County's Right of Inspection'.'it a:riy,:ti~e J;t1,g; the term of the Exemption, County

shall have the rig'\ltJo inspect\;fuiy ofi1Businessf:,books and records to determine Business' compHil.~99:iiVJtJ'i.,all Ex¢tp,ptiolr{,~quirefuents and all requirements of this Agreement; providetl§/~pvvt«#trJ)1a€;;~~thing':ili't this paragraph shall be interpreted as relieving,Bµsiness of itif,/jb[ig;iiB~itc/i/~otify County in writing of any facts or events

·(:/f:i<:\!>:i-:_:/:.-::.-~•-),.. ":':'·Nt,>::,,:..... •'i•:•:Yi\·ii}\t:,,_ which con~titut'1!?,[ ~ay cciri:sJiµite a vidnition by Business of any Commitment, as set forth in par~iaph'14i:~~9:ye. •· ·· ·

7. ,@~blic Records. ~'!:!~f~ll; a~kh'&tledges that any records made or received by County in qpnnectjon,.~th 1~\ti Exemption are subject to the Public Records Act, Chapter 119, Fiol1io!liis¥iiltes. . .

8. Transfer of Pri:i.n~rty Subject to Exemption. Business shall notify County of any transfer of?i'¢~#tif personal property subject to the Exemption, within thirty (30) days of

the date of such transfer.

9. Form of Notice. Any notice hereunder shall be in writing and delivered by (i) certified mail, return receipt requested, (ii) overnight or priority mail, in a form providing proof of receipt, or (iii) hand delivery, with written acknowledgement of receipt by the recipient.

C:IDoc,m1e111s am/ &11/ngs\<1anll.oca/ Set1ing,·11't,111porary lmer,,e/ Fi!e,,IOlK]llEconomic Developme1J1 Ad V,1/urem Tax Exemp//011 Agreemem (4).dacr Page2of4

ATTACHMENT 1 JE

10. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party.

11. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect.

12. Governing Law. This Agreement shall be governed .,,,l!,!J.d intewJeted in accordance with the laws of the State of Florida. .· ,:'•~,;./.·.•,., · "•"••ri·

13. Jurisdiction and Venue. Exclusive jurisdictio

relating to this Agreement shall be iµ;ltJ~k,~if,l;uit shall be in Indian River County, Flq/filfl'.'' ',;fi'i:jz\\>

, r any procee s of the State Venue

14. Attorney's Fees, etc. In any:,> · ''}sing out 'elittmtg in any way to this Agreement, the prevailirr' from the non-prevailing part all fees, costs and expenses, including, '•e,; ···· reasonable attorney's fees at all trial,

appellate and coll!;qtipp levels. ''fs;<, A'•

15. Waiver of Jury lt~j~J. i)i.:\.CI,l) P~~ HEREBY KNOWINGLY AND '·.,'//if,_::" ,,,.-,:.:(}i_i::•,:"'••, ':·::-.· .. •,

INTENTI@NALL Y W k:rxIBS T~illlY JURY OF ANY ISSUE ARISING OUT OF OR REC. .,, ... IN ANYY;w:AY T5'1''.:imrs AGREEMENT. ALL sucH ISSUES

Sdt~;i;? BY·N~.~-JURY TRIAL. _,:-)}I

16,,A~endment. Thi'~,~gf~~merit'!iifay be amended or modified only by subsequent written <!)greem~µt signe<ki~Y all parties and, with respect to County, approved by County's

Board,dfl/c6~i;i,ty C6WJ:11iSsioners.

17. Successors and ~$signs. This agreement shall be binding upon the parties and their successorn.aj:!(ilh:\'ssigns.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above.

C:\Documcals umf Se1ti11g,·\s1a11\loca/ Sctlings\Tcmporary lmcrnel Fi/es\OlK271Economic D,..,,elopmen/ Ad Valarcm Tar ExcmpliOI! Agrcemenl (4).dM.J:: Page3 o/4

ATTACHMENT b7 6

INDIAN RIVER COUNTY BUSINESS

By: _____________ _ By:------------

Chairman, Board of County Commissioners Its _____________ _

Date approved by BCC: ______ _

ATTEST: J. K. Barton, Clerk

By: _____________ _

-:::-:.:),:\",

--------~ Depufy/JZ;Ji;i;k

Approved:

County A,4rrlinistratoi.C

:·:\\>" '··::,i._?\::.'' :,-.:"":-·:·"::::)/:i::-:,. ' :-,.:::.,..,"::'::\);{:::·:::-

Approved ~,:,::l::~s rnffi<ieocy

County Attorney

C:1Dac11me111S m,d Se11ingsls1m1\Lm:nl Sellillgs\Temporary fnrernel Fi/es\OLK27\Economic Dcw,/opmenr Ail l'alorem Tax E:xemplioll Agreement (4}.docx Page4 of4

ATTACHMENT 1 9 7

AppendixB Economic Development Ad Valorem Property Tax Exemption ·

Chapter 196.1995, Florida Statutes

DA-418 R. 12/99

t Pleas11 glv• nalllll' and !ehlphot10- number of owner DI' par~ in charge of Ulls 8uslnsu. ••m• De,v,d K•t-l"j, ->Y Dt~ccTot: T""P""""""""" 77J ,;-G.<>, 'f,:.~.;).

3. E:m.t Loeallon(LeoalOeU;,fp~ona11dS1<ee1Addr1l~s)of Pn:,ptfly/01whloh!hlsrelUlnblil&d· 4 d ~ 7'{-rh. ~l.Jt£ .sw ve~a eeecr1.., f L 3J-9 Co. 8 - ~ 7°0--4. Oaleyo1.1Caaa<1,orv.iffbB{lln,buslnessa\lhlsfaci!ity: )uµt= I rta Id- Ff~ : )338'o-5'oooOI 00 (OCOGIClt. 0

5. a. oose1ip1ianol tho Improvements to roaJnroosrtvro,whl~h 1111s: 0~9mp11on rs requ11Stod:._ 5 ~:; e - b.,1 { .J, N'y s ~ .-;, eo eo/ S

b. OateoleommencsmlXll 0reo~S!l1.>Cllonollmprovemonts:~),,.,u"--,l '1-+""-00"-'['-'-\ _________________________________ _

' ,. "" '"' ang, e porsorta P,Opll ~ )>II llhe! 'h! rtyf !~1hls OfWl exem ~· ' on s request "' " M ale w en p<oper1y was, or s o "'" se : h llbG chad TAXPAYER'S

TAXPAYER'S

I ESTIMATE OF AP PRAISER'$ DATE f"t"1 ESTIMATE OF OF ORK31N/\L FAIR MARKET USE ONLY

CLASS OR ITEM AGE PURCHASED COST VALUE

S Ee:.~ ,,._,-T ..... .-A._e=o.

b. Average VafuB ollrw11fl!Of}'¢1'l hand;_-_0~-----------------------------------------------

c. Any addi1!onel persooal propa1ty Ml kste-d aOOve forwtich an exemption Is dalm&d mu~be retufn&d oo form DA·•t05 {Tarigiblo Porronn! Propcny T(l)I Roturci) and a copy a~aehed !O this form.

7. Do you dos!ra oxompll~ri as o "New Ousinos~•~r ~ an •e~i:ianslon of :m Cxlsung 8tn;I01s5~a

8. OescribeTyi;oorNatureolY<.lurOus,'new t::IK.Y:L P:,,l..COt-lO(.. Me.ut...)if"f"-C."'f1.,IC.I.U~

g. Trade Lovol (Chock .is many as app!y) RolaUO Profasslonal O So<Vleo • Offirea Olher•

53 10. a. Number of /uHfme.e,nploye~ tobe employed !n Florida __cce_:::_ _______________________________________ _

b. U ari &icpanslon ofan elti$tiflg busine": {It Ne<lnc,-easeinemploym11ol __ __!,a,L.<A:,__ ____________________________ _ ·------------¾ (2) loereaselnproduotive outpulf8$tlllil'lg lromthl$ expansl,-, ________________________________________ %

11. Sales fa~f°' Cot !he faeility reque~ting e,,;e.mp1ion:

Totalules inFlo1idafram this fiilcili'ly~ne (1) JocaliOn only __________________________________ cliYX!edby

Total sulc-i;; ev<11'(1vhare rrort\lhls laclity-or,e (I} localianonly ___________________________ ---------------''•

12". FQr 01/!ca :SPilC& owned and Ulled by a co.,:,o,B.lion newly domicitadin Ro6cla: a. OatooflnecrJ10rallon In Florido: __________________________________________________ _

b. Numborol lul·llmeffl!Ployoei; illlhls locali=----------------------------------------------

1 htireby roquest Iha adoptlon ol an ordlnnnceor.ttnHng an exemption lrom ad valorem toxallon on !he above propertypur.;uant It> Section 196.1995, flotida Sllltulos, I agreo 10 fu1nlsh such ¢lt\ef foasonablelnrorma!lon

ns tho Board ol County CGrtvnissionem. !he QOYerning: o.u1ha1ity ot !he municipality, or tho proporty ApPr.u:iser may 1eques1 in 1egard to 1h11 exanlfl\\on requested horn~. I horoby "8;!1ify 1ha! !he infOfo"OOl!on and v.:rluttlion

slal11dabove byme ls IN&, oorreci. alld «.impla!e 10 !he be.st al my knowledge and b~!el. (II prr.p&ied hy tom11Qne othortllarl 1h11 taxpay&r, h',s tlet:latatlan ls ba:;ad Dfl altln!Of'meliario1which he hall 11nr kncw~dge.J

DATE; --!J,,..,U;L..~-=_L,<_=-~"°'1~--,L.:\------------ SfGNEO; -------~l~P,=,,=,=.,,

SJ~GN~E~O,=c~~...,,{__~~.L."""::'.'..j~~IA~~:Q!~~~2.)J..g_£fP.~T;,::: ),:: 1Preparef$ Address)

Property Appraiser's Use Only

Totlll teY0/101) avall~e 10 the county ormuniclpality fot lhe curren! li~l y&ar 110111 advalotem 1axsoun::u: 54.,.g... 'rr ~ y A:p~ rs; -Se R \ $ :A¾c L Wt-,[i ~~ft- . 't 18 11. Rtwonue lost to 100eounty or rni.rn1cfpau1y 1«1t1eai11t111 fiscalyaarby virtue ol exem,otions.pre',l!oosty granled under lhls seclion: -~{)=-------------------lit Es~mate ol th& fflVenue which would be !Ml 10 {he county or munlelpallt)' lillrinll tb11 cu«ent flseal ye;r if !hG e~mpdon llJ)pllccl larworog1antod and iho propMty fQI' whfi:h \tie exemptlon b raquBSled woull!

01h~M;ehavetieensubjecttotaxation: Se.-c ftq. f&c:-bq A ~j?f'A 11.S.~~s· A:r:tAC. ~ µ~p.\\' ::fo· ~R-'4-l 8 . : -IV. ESl;ma1a ol lhe 1axmle value lost lo theooo/'\ly or munk:ip;ility if the exempllon appllt!d lorwas gran!&d: ..d

lmpro~em811lstorealpropony ~ \ 5QQ 1 Q()? Per$0r,a.1 Ptopeny_~J0-~3,._,i_,_. ~~=0~0,c,_,~0,.,,0)""-"---------------V, I have determined thBt theproporty IISIQd ~ove mefltS ~e definition • .as de~ned by Se<:llon 19$.012(15) 0< (16), Flo:ida S1a!utes, ~ 9 New 8usir.es?( .111 •t:xpanslon of i!f1 Exisli119 Busines:s• D. or Neilller O.

vi. Las! ysar ror wtik:h exemption, may b& applkid "2... Q 'Z 3 ~

oATE,iuot1-eM/oe-f /Co,'2..0l\ s1GNE0-~,$~ 1 )).,cv,,i,,.Ae,-r.N's~~· (PtopertyAi:,,rarse) l- f rr

Application to be flied not later than March 1

ATTACHM£ttl1 f ~

INEOS New Planet Bio Energy LLC Property Appraiser's Attachment to DR-418 Indian River County- 2011

Line 1 • Total 2010 / 2011 Total Estimated 2013 Line 3 • Estimated JURISDICTION Revenue Available Millage Rates Value - INEOS Property Revenue Loss

GENERAL FUND $ 40,795,179 0.0030892 $ 33,000,000 $ 101,944

MUNICIPAL SERVICES DISTRICT $ 7,679,843 0.0010733 $ 33,000,000 $ 35,419

EI\IIERGENCY SERVICES DISTRICT $ 18,434,195 0.0017148 $ 33,000,000 $ 56,588

TOTAL $ 66,909,217 $ 193,951

Background

Indian River County Chamber of Commerce

INEOS New Planet Bio Energy Tax Exemption Application Economic Impact Analysis

Prepared by Indian River County Chamber of Commerce

Report to Board of County Commissioners December 6, 2011

INEOS New Planet BioEnergy is a new business to Indian River County, breaking ground in 2011. The company is eligible for the financial incentive provided through the Tax Exemption Referendum passed by the electorate in November 2010.

The company will convert waste and carbon-based non-consumptive biomass into advanced biofuel. Operations are expected to begin in the second quarter of 2012. When completed, the facility is expected to produce eight million gallons of ethanol and 6.3 MW of gross power from vegetative and municipal wastes. The project has merited federal assistance in the form of a U.S. Department of Energy Section 932 grant in the amount of $50 million and a U.S. Department of Agriculture Section 9003 loan guarantee in the amount of $75 million.

I

ATTACHMEffT1 § ()

The project becomes the first of its kind in the world and as such will attract substantial (intangible) international media attention - especially today when sustainability and renewable energy are considered of high importance. Already drawing considerable media attention in targeted trade publications, there is indefinable value on the publicity generated by this project that will bring world-wide attention on Vero Beach and Indian River County. The "buzz" created by this project has already created additional contacts for the Chamber's Economic Development Office from companies interested in the renewable energy niche.

Built as a demonstration model, INEOS New Planet BioEnergy will bring thousands of people into our community from all over the world to view the project as they consider purchasing the INEOS NPE patented technology.

INP BioEnergy's know-how rests in its ability to develop and finance projects that provide complete solutions to corporate and munJcipal trash disposc1I, lc1ndfill reduction and pollution containment, and project financing needs. Because the company's technology uses a flexible localized approach, they can reduce a waste stream, landfill costs and air pollution, and can replicate this approach anywhere in the world where there is carbon-based waste. It is already working with municipalities to develop solutions to reduce their waste collection, transport and disposal costs. Projects sold to other communities will import dollars to Indian River County be deposited in local banks, and create more jobs.

2

ATTACHMENT ffl 1

Capital Investment

INEOS New Planet Bio Energy is investing $130 million in land, equipment and construction costs in South Indian River County. Over $3.8 million has already been paid to the county in permit and demolition fees since 2010 when INEOS NPE took ownership of the property, plus $54 million in equipment and construction investments.

The community is impacted through the improvements already completed at the INEOS NPE project site, located at 925 74th Avenue. Over 150 construction jobs have been created to date. Area professionals and tradesmen are hired for the construction phase and local suppliers and vendors used wherever possible.

At a local level, Indian River County can expect to see spin-off from the new jobs created by the INEOS NPE project. Based on the information about this project, we used the IMPLAN and ESMI models to run the local economic impact numbers. The company will create 53 jobs when fully operational, all paying equal to or above the county's average annual wage of $34,730. This will result in 153 indirect new jobs paying an average annual wage of $48,900, including:

• 14 retail jobs

• 57 manufacturing jobs • 13 administrative jobs

3

ATTACHMENT ~8 2

The INEOS NPE Visitor After construction and the opening of this new plant, another positive spin-off for Indian River County is an increase in the number of quality visitors who will come to our community to view the project and discuss its merits with INEOS NPE administrators. The plant officials anticipate colleagues from all over the world will visit the facility each year, the number increasing over time. We look forward to:

• Hotel bookings for an average stay of 3 days • Restaurant sales for a minimum average 3 meals during the average stay

• Local retail purchases

In addition, many of those visitors will fly in by private jet bringing added revenues to businesses located at our local airports for services and amenities provided, including:

• Fuel • Maintenance

• Airport fees • Car rentals

While visitors are in our county, it is also anticipated that they will spend money on other local visitor venues and services, i.e. eco-tours, cultural activities.

Waste Stream and Waste Stream Revenues The local INEOS NPE project will reduce the amount of waste currently going into the County Landfill. Indian River County has contracted with INEOS NPE for the purchase of vegetative waste. Based on current economic conditions and population figures, the estimated 55,000 tons of generated waste purchased by INEOS NPE will realize a net gain to the county of $284,510 annually for twenty years, with anticipated increases to the contract upon renegotiations in years afterward. Included in that contract is also INEOS NPE's purchase of methane generated by the county's landfill property. In addition to the revenue generated to acquire the waste and methane, another positive economic impact is the reduction in the size of our landfill along with associated county expenses of compliance to federal and state landfill mandates.

Local Services and Vendors For a project like INEOS NPE, payments applying to the basic operations of the business and property are added benefit to our local economy. Those local services include areas such as:

• Banks

• Professional services i.e. CPAs, attorney firms • Basic upkeep and maintenance such as janitorial and grounds/lawn maintenance

• Continued marketing and public relations

• Purchases of maintenance and office supplies

• Continued education and training

4

ATTACHMENT1 $ 3

Following Tax Exemption INEOS New Planet BioEnergy purchased the property at 925 74th Ave. SW, Vero Beach, formerly used by Ocean Spray. The property sat vacant for over six years and was marketed to prospective buyers. Prior to the INEOS NPE purchase, no improvements had been made to the property in decades. The tax value realized by the County was approximately $55,000 per year, and has actually decreased over the last six years.

Over $130 million is being brought into this new project and to the property. Following tax exemption, it is anticipated this improved property will generate $131,000 annually in new tax dollars to Indian River County and a new $2.4 million per year in employee paychecks.

Conclusion As the first project in the County's newly adopted Tax Exemption Ordinance, the INEOS New Planet BioEnergy project brings both tangible and intangible positive economic attributes that advance our county's goals for economic diversification and positive economic impact.

The tax exemption will not erode the current tax base. There are no homeowner subsidies and there is no reduction or elimination of current taxes on real property. There would be an immediate increase in tax revenues for schools and special taxing districts and the full tax revenues would be received following the exemption period.

Renewable energy is included as one of the County's targeted industries. The INEOS NPE project meets and exceeds our target expectations because of the innovative science and technology utilized by the company. The media attention from the renewable energy and science industries will continue to bring an interest in our county that will benefit our economic development efforts. The local tourism industry will benefit from the project as people from all over the world visit the INEOS NPE site. Existing area businesses that provide professional services and products will also benefit from the project during construction and full plant operations.

The Indian River County Chamber of Commerce supports the project and recommends to the County Commission that they consider all the positive contributions this project brings to Indian River County and scores the project at the highest level.

5

MTACHMEN~ 84

ORDINANCE NO.2011 -

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING TITLE XI OF THE CODE OF INDIAN RIVER COUNTY (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION) BY CREATING A NEW SECTION 1100.14 GRANTING AN ECONOMIC DEVELOPMENT AD V ALOREM TAX EXEMPTION TO INEOS NEW PLANET BIOENERGY, LLC; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, Title XI of the Code of Indian River County, entitled "Economic Development Ad Valorem Tax Exemption," authorizes the Board of County Commissioners to grant economic development ad valorem tax exemptions ("Exemption") to certain new or expanding businesses; and

WHEREAS, section 196.1995(10), Florida Statutes, requires that any action of the Board granting an Exemption to a new or expanding business be set forth in an ordinance; and

WHEREAS, the Board has determined that all prerequisites to the granting of an Exemption to INEOS New Planet BioEnergy, LLC, a Delaware limited liability company, have been met, and the granting of such Exemption will promote and strengthen the local economy and thereby enhance the health, welfare and general well-being of the citizens of Indian River County,

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

SECTION 1. ENACTMENT AUTHORITY.

Section 3, Article VII of the Florida Constitution and section 196.1995, Florida Statutes, authorize the Board of County Commissioners to grant economic development ad valorem tax exemptions to certain new and expanding businesses, upon majority vote in favor of such authority in a referendum called for such purpose. In a referendum held on November 2, 2010, a majority of voters in Indian River County voted in favor of such authority, and Title XI of the Code of Indian River County, entitled "Economic Development Ad Valorem Tax Exemption" became effective.

SECTION 2. FINDINGS.

The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Additionally, the Board specifically finds that INEOS New Planet BioEnergy, LLC meets the requirements of section 196.012(15), Florida Statutes.

1

ATTACHMEftT ~ B 5

ORDINANCE NO. 2011 -

SECTION 3. CREATION OF NEW SECTION.

Title XI of the Code oflndian River County, Florida, is hereby amended to create section 1100.14, as follows (new language underlined):

Section 1100.14 Economic Development Ad Valorem Tax Exemption Granted to INEOS New planet Bioenergy, LLC ("Business").

(1) An economic development ad valorem tax exemption is hereby granted to Business whose address is 925 74th Avenue SW, Vero Beach, Florida. The exemption shall apply to its new improvements to real property and its new tangible personal property related to its new business located at 925 74th Avenue SW, Vero Beach, Florida. This exemption shall apply only to the improvements to real property and the tangible personal property described in Business' application for such exemption, on file in the county community development department.

(2) The exemption shall be for a term often (10) years commencing in 2013, the first year the new improvements and new tangible personal property will be added to the assessment roll. The amount of the exemption shall be a specified percentage of county ad valorem taxes for the General Fund, Municipal Services Taxing Units, and Emergency Services District which would otherwise be due with respect to the new improvements and new tangible personal property in the absence of the exemption. The approved exemption percentages are, as follows:

Year 1 (January 1, 2013 tax roll) .......... 100% Year 2 (January 1, 2014 tax roll) .......... 100% Year 3 (January 1, 2015 tax roll) .......... 100% Year 4 (January 1, 2016 tax roll) .......... 90% Year 5 (January 1, 2017 tax roll) .......... 80% Year 6 (January 1, 2018 tax roll) .......... 70% Year 7 (January 1, 2019 tax roll) .......... 60% Year 8 (January 1, 2020 tax roll) .......... 50% Year 9 (January 1, 2021 tax roll) .......... 40% Year 10 (January 1, 2020 tax roll) ........... 30%

(3) The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year is $72,845,660; the total amount of revenue lost to the County for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect is $0; and the estimated revenue loss to the County for the current fiscal year if the exemption's first year had been in effect is $193,951.

(4) The exemption shall be subject to all provisions set forth in sections 1100.01 through 1100.13. Without limitation, the continuation of the exemption shall be contingent upon Business' compliance with section 1100.10 relating to "Continuing Performance."

2

ATTACHMENT j 8 6

ORDINANCE NO. 2011 -

( 5) The Board specifically finds that Business meets the requirements of section 196.012(15), Florida Statutes.

SECTION 4. SEVERABILITY.

If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect.

SECTION 5. EFFECTIVE DATE.

This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State.

This ordinance was advertised in the Vero Beach Press Journal, on the day of ----------'' 2011, for a public hearing to be held on the 20th day of December, 2011, at which time it was moved for adoption by Commissioner __________ , seconded by Commissioner __________ , and adopted by the following vote:

Chairman Gary C. Wheeler Vice Chairman Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari

The Chairman thereupon declared the ordinance duly passed and adopted this 20th day of December, 2011.

ATTEST: Jeffrey K. Barton, Clerk

By:----------Deputy Clerk

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA

By:---------------Gary C. Wheeler, Chairman

Approved as to

EFFECTIVE DATE: This ordinance was filed with the Department of State on the __ day of ______ ,2011.

3

ATTACNM£H1'1 8 f'

ECONOMIC DEVELOPMENT ADV ALOREM TAX EXEMPTION AGREEMENT FOR INEOS NEW PLANET BIOENERGY LLC FACILITY AT

925 74TH A VENUE SW, VERO BEACH, FLORIDA

THIS AGREEMENT is entered into as of the 20th day of December, 2011, by and between Indian River County, a political subdivision of the State of Florida ("County") and INEOS New Planet BioEnergy, LLC, a limited liability company, organized and existing under the laws of the State of Delaware ("Business").

WHEREAS, County has adopted the Indian River County Economic Development Ad Valorem Tax Exemption Ordinance ("Ordinance"), set forth in Title XI of the Indian River County Code ("Code"), and

WHEREAS, County has adopted Ordinance No. 2011 - __ ("Exemption Ordinance") granting an economic development ad valorem tax exemption ("Exemption") to Business, and

WHEREAS, the Ordinance and the Exemption Ordinance both provide that the Exemption shall not be effective until County and Business enter into this Economic Development Ad Valorem Tax Exemption Agreement ("Agreement"),

NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree, as follows:

1. Recitals. The above recitals are true and correct and are incorporated herein.

2. Definitions. Unless otherwise stated, all capitalized terms herein shall have the meaning set forth in the Ordinance.

3. Business' Representations, Covenants and Warranties. At all times during the term of the Exemption, Business represents, covenants and warrants to County that: (a) all information submitted by Business in the Application is, and was at the time of submittal, true and correct, (b) all information submitted by Business in any annual report submitted pursuant to section 1100.1 0(b) of the Code will be, at the time of submittal, true and correct, ( c) each representation previously made by Business to County's Board of County Commissioners in a public meeting was, and each representation made by Business to County's Board of County Commissioners in the future will be, at the time of such representation, true and correct, ( d) Business will fully perform and remain in full compliance with all Exemption Requirements and all requirements of this Agreement, ( e) without limitation, Business will establish and continue to provide all jobs required for Business to qualify as a New Business, as defined in the Ordinance ("Jobs"), (f) without limitation, the average wage paid by Business with respect to the Jobs during each calendar quarter will be equal to or greater than the average wage represented by Business in the Application, and (g) Business has not committed and will not commit any Violation of Law (each ofsubparagraphs (a) through (f), "Commitment").

4. Annual Reports. On or before January 15th of each year, beginning in 2013 and ending in 2022, the applicant shall submit a status report to the County Community Development Department. At a minimum, the report shall include the name, address, and contact information of the current owner

C:IDocumenls a/Jd Sellings\stanlloca/ Sellings\TemJ"'rary Internet F'lles\OLK271/NE:OS Ad Va/orem Tat &emption Agreement (3).doc

1

ATTACHMENl'l $8

and the current operator of the facility at 925 74th Avenue SW, Vero Beach, Florida, a description of current facility operations, the current total number of facility employees, the current total and average wages of the employees, and a description of any improvements made to the facility during the previous year. The report shall be signed by the facility owner (or authorized representative) and by the facility operator, and each signature shall be notarized.

5. Violation by Business of Commitment: In the event of a violation by Business of any Commitment, County may, in its sole discretion, (a) revoke or revise the Exemption, effective as of the date of such action, or (b) revoke or revise the exemption, effective as of the date of violation of the Commitment. In such case County, the Property Appraiser or the Tax Collector shall be entitled to recover all or any portion of taxes not paid after the date of violation as a result of the Exemption, plus interest, costs of collection and attorney's fees, as set forth in section 1100.ll(b) of the Code, or (c) pursue any other remedy available in law or in equity. Business shall immediately notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment.

6. No Limitation of County's Rights. Nothing in this Agreement shall be construed as a restriction or limitation of County's rights as set forth in general law or the Code, including the Ordinance and the Exemption Ordinance.

7. County's Right of Inspection. At any time during the term of the Exemption, County shall have the right to inspect any of Business' books and records to determine Business' compliance with all Exemption Requirements and all requirements of this Agreement; provided, however, that nothing in this paragraph shall be interpreted as relieving Business of its obligation to notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment, as set forth in paragraph 4 above.

8. Public Records. Business acknowledges that any records made or received by County in connection with the Exemption are subject to the Public Records Act, Chapter 119, Florida Statutes.

9. Transfer of Property Subject to Exemption. Business shall notify County of any transfer of real or personal property subject to the Exemption, within thirty (30) days of the date of such transfer.

10. Form of Notice. Any notice hereunder shall be in writing and delivered by (i) certified mail, return receipt requested, (ii) overnight or priority mail, in a form providing proof of receipt, or (iii) hand delivery, with written acknowledgement ofreceipt by the recipient.

11. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party.

12. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect.

C:\Documems <111d S~tli1,gs\x/an\Local Scllings\Temporary llllerncl FileslOLK271JN£0S Ad Va/orem Tax £xemptim1 Agreement (3).duc

2

AJTACHM£ffT1 _ag

13. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State ofFlorida.

14. Jurisdiction and Venue. Exclusive jurisdiction for any proceedings arising out of or relating to this Agreement shall be in the circuit court of the State of Florida. Venue shall be in Indian River County, Florida.

15. Attorney's Fees, etc. In any legal proceedings arising out of or relating in any way to this Agreement, the prevailing party shall recover from the non-prevailing part all fees, costs and expenses, including, without limitation, reasonable attorney's fees at all trial, appellate and collection levels.

16. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON-JURY TRIAL.

17. Amendment. This Agreement may be amended or modified only by subsequent written agreement signed by all parties and, with respect to County, approved by County's Board of County Commissioners.

18. Successors and Assigns. This Agreement shall be binding upon the parties and their successors and assigns.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above.

Attest: Jeffrey K. Barton, Clerk of Circuit Court

By:~--=-~--------Deputy Clerk

Approved:

By: ______________ _ Joseph A. Baird, County Administrator

INEOS New Planet BioEnergy, LLC, a Delaware Limited Liability Company

By: _______________ _ Print Name: _____________ _ Its Managing Member

BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY

By: ~-=-ccc-=---c--~~------Gary C. Wheeler, Chairman

Date Approved by BCC: -----~ 2011.

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3

ATTACHMEffTI ~ 0

ECONOMIC DEVELOPMENT COUNCIL

There was a Special Call Meeting of the Indian River County (IRC) Economic Development Council (EDC) on Tuesday, December 6, 2011 at 4:00 p.m. in Conference Room A2-230 of the County Administration Building A, 1801 2ih Street, Vero Beach, Florida.

Note: You may hear an audio of the meeting and review tt,e agenda and minutes on the /RC website - www.ircgov.com/Boards/EDC/20'/;;21/~i:iw.,

'111:f1 ,-,,,,

EDC Members Present Scott Carson, Real Estate Appointee Andrea Coy, City of Sebastian James Kretsch, Member-At-Large Michael Corbit, Alternate for Workforce S Helene Caseltine, Alternate for the IR Scott Stradley, BCC Appointee Karl Zimmermann, Member-At-Large Talmage Rogers, Jr., Citrus Industry Gerald Weick, Town of lndiam>River Shores Aundrea Perry, Gifford Corl'11inG~it~, ... t. . ..

' ''·:-!::r::}:\\t:]):-\I:i:·.·

....... ommerce ·cr~coc)

,_,s:;/t. '" 'iii,-1,j.'I,., .... :,-:,)

Beth Mitchell, Sebastian River 11trea Chamb~.~ ... of Commerce Harris Webber, Town of Orchid "lh: 01¢?' ········

Keith Kite, Tourist,J:111<i!lu$try 'ttfi• •,,r-:f'·'· ·'irw:,· ·,,,:

Claudia Jimen~~VSchool~;!3oard ,ij,1, ...... . ,,/· .. ;·.::w ·Y/li·<p 'c·:1_,:•,i;,-,,/::::,

Linda SchlittJ.~;qnzalez, fylember-At{i!'arge

EDC Mem bers.J\bsen1:"i · Ja Kiiiarff~Jf;1~it of · Beach y .',}4,;,,;;t' ' '•,\i$Ji:t , ,,;if«>.''/'

J9,Q'J}Pagano, C1~i-~. Or 'lzation JJgt!;lr Robinson, ~peal eveloper

,·:._.,,..," •1:,•1.,:,,1,,__ ·• .. VJ:-\"·

WilliaJlB Penney, ijahking Appointee Richardb~tetso9t;G'l'Vorkforce Solutions Penny Chc::iqcl)E;fr, IRCOC Susan Ad~ig·, City of Fellsmere Doug Bouftiique, Local Industry

EOG/Unapproved 1 December 6, 2011 C:\Documents and Settingslstan\Local Settings\Temporary Internet Files\OLK27\Min 120611 Special Call (3).doc

AtTACNMEft1 Q.1L

Others Present David King, INEOS Mario Diaz, INEOS Len Vokaty, INEOS Jason Nunemaker, City of Fellsmere Jim O'Connor, City of Vero Beach Henry Stephens, Press Journal Students from Indian River Charter High School

IRC Staff Sasan Rohani, Long Range Planning Chief Bill Schutt, Senior Economic Development Plc!*'i),Q'll!\la,+ Terri Collins-Lister, Commissioner Assistant~if®'l'S;y;ict 4 Peter O'Bryan, Commissioner Liaison '11

Wayne Bibeau, Property Appraiser's q

Call to Order

Chairman Carson called 1,tb~ meeting to 8~~.et~; at 3:00 p.m. and introductions were made. ,w: ', \, ,,r ,,,, .,

',' -i:0:-:-.

Review of the INEOS New Planet Bia'Enet:ff, Tli''Abatement Application ·,, ' ,",, ,:, .. ,-:;:;:::-:•:"'

,.;)'){\i\_.-,,,-;-.,0::i- " .. :,;.:•::'?l:,\t,.,_ '",'.I;:(;/:'·"'

Mr. Stan Bolin ,;0!1RC Plamhing Director, reviewed the information contained ,,, l.";pW;, '·-i;,J;;§///6;-.

in his staff repo nside~ition of tf:EOS New Planet Bio-Energy LLC's Request For an , r;Qmipjf(ffii~,ete:lopi:µent Ad Valorem Tax Exemption (Tax Abatement) 9nf:!v,~~mm~1~i,,cl the report in his PowerPoint Presentation on the INEOS Ne:~!i=>fa/i'ijf'fl;}JpEne'ffQ!;X 1It?C Abatement Application, a copy of both are on file in the,{@Ommission~Qffice: '/1;;;

~~ .~ -~!0

;~~'.0;1~gi,!ing brief1Y¥fsu;~arized in the Spring/Summer 2010, County staff

met with IN'~~S on'("~" local jobs grants and the proposed tax abatement incentive. He 'a~i;l~i~'%'"the site plan for the INEOS New Planet BioEnergy plant was approved infe'ptember 2010 and noted in November 2010, voters approved the tax abatem~ht incentive. He stated in March through November 2011, INEOS New Planet BioEnergy submitted the tax abatement application information and reviewed the timeline for the approval process.

Mr. Boling gave an overview of the INEOS New Planet BioEnergy site plan and noted the plant was a production and demonstration facility.

EDC/Unapproved 2 December 6, 2011 C:\Documents and Settingslstan\Local Settings\Temporary Internet Files\OLK27\Min 120611 Special Call (3).doc

Mr. Boling explained the first step for Tax Abatement was to determine if the project qualifies as an expansion of an existing business or as a new business as long as that business was either located in the Enterprise Zone, a Corporate Office, a type of business with over 50% out-of-state sales/services, or manufacturing. He said the INEOS New Planet BioEnergy Plant was a new business, manufacturing, and a target industry (energy/biofuels). He added new site improvements and buildings or equipment qualified for tax abatement.

,.::#h;J:\~(fft:::::--Mr. Boling mentioned in the Unincorporated County

applied to the General Fund, Municipal Services Taxi Emergency Services District Fund. He pointed out t apply to the School Board, bond funds or independe

J',te Tax Abatement , nit Fund and the

. • atement did not

Mr. Boling said the Board of County.;;!/bmm}ssioners (~dlfJii!~dopted scoring guidelines for the Tax Abatement,iiwplicatig'.~,~ and there@ifl'were three award categories based on the point systei\!l"vvi,lii) a,,ipai<fmum of 100 points. He reviewed the award factors: number of jobs (10'.::§'.~fpoints); level of wages; level of local capital investment over $100,000 (20 pBimts) 9,111d special economic

,:-;c,,fl/,,. ·1,."1'.'/!•

development attributes (0-20 points),,. ·1111@1J!ii! '(t})Jfi/:t ,:,:{'.'.lf:t .. ~i!:.;0,%:.,., <A~i::1:,·· ,•,::;,:;,,: . ,' ·i;_;;tW'.i[:i•''

M_r. _Boling ~ent over the scori~~ fo'r,t,e<~lh~i~OS Facility an~ stated staff scored It m the highest award categ<q:ry,j~/3'1 po!r1ts needed for highest award category) for a total of !:!,~/p©ir!i;!P and pr&;;tf~ed a ten-year tax abatement schedule with 100% the first y~cfF'to 30~in the t~wJb,year with the tax abatement to begin

in the year 2013. J?ts;:,f%1vi';,. id1¢t::,:;i i2Ji?'

: WNew f~M •. IJ,j,,i]l.~(:,L°5b8s9•~8\fJ. ) agJ;!.c<Leve ''l!,,;,,h , 1 Ii~,.. .,i0/'

• Lg,ial Capital ln{1~f'itmeg;ff54.3 million) ,,S'P~fial Economich9ttri&utes (demonstration facility) ,. •.'.,',:,:h·· :-:'-, .. :i-'·

30 points 30 points 20 points 10 points 90 points

Mr. Boli~~i;fg){J§tCed the Assumptions and noted they were very important to give a ballpad~Fof what the assessed value might be and based on the ,::,,-•,.~

information provided by the applicant, the Property Appraiser's Office had estimated the potential assessed value of INEO's taxable real property improvements at $1,500,000 and tangible personal property at $31,500,000 for a total estimated assessed value of $33,000,000.

EDC/Unapproved 3 December 6, 2011 C:\Documents and Settings\stan\Local Settings\Temporary Internet Files\OLK27\Min 120611 Special Call (3).doc

AlTACHIEITI 9_1

Mr. Boling concluded the Tax Abatement Approval Process and the Safeguards and Protections set by the BCC which required a compliance report from INEOS each January and was authorized to revoke or revise exemption for non-compliance.

Ms. Caseltine asked if the hearing, approval, and ordinance on the Tax Abatement were all done in one BCC meeting. Mr. Boling rei;,lied it could be done in one or two meetings and that staff proposed adoption ffl.!w!ublic Hearing scheduled for December 20, 2011. ·····

A question was raised wheth~~ the ~ethod of ~if··. ecia iI£,Q was speci~ed and what was the allowance for add1t1onal investme. · ·· ng the" year period. Mr. Boling stated a separate tax abatement ,\:i.l!> e done .. e were additional improvements, in year five for exa f'!fii, if new addition bs were created and the facility were to be exp • ed. iscussion allowed on depreciation on equipment and how the Pr I er figured the amount of depreciation on equipment.

It was asked if there was a i;,e~iod of time at the . g{~'ning of conversations ,"~+11,:,:1.,:,;,;;\i· ,.:,:: ,,iil•:f,!1'

with an applicant on Tax Abatemijnft~G!;11~~tthere a qµ'f-off period or, could it be retroactive. Mr. Boling replied it coiiild rio troactive because it was an inducement. He referred to the statsif½l:!ta,,.,;i an..... e local ordinance and both stated the improvement~J;cout!ll., not be 'q;tmpleted or on the assessment roll prior to granting of the tax . fatemenr: .b,., ... ·.

'' ,.:;;;J;;:·: " ' .. ;:;:JJ}}fi"

Councilme ···. e ·.· ... y 8!il'fi!ilA11e/ilteG11,on the presentation and felt it was easy to follow and staff did a g ;e{'t job.

'-::-:,_ ;,::;,f,'::-,:-\:_i:,,.,.,.:..:ii.•,,

__ ,.,Ji;/"' . ,.... .,,.,. ... ;·A?:t::,,-.:.!,.- . _,i/i::i)t-

Ct;i,~frman Cars@:lj)i,note .. ,ffl'ere were five items to consider and recommend to the,.,;;.\?'1!3:~Xd of County ~<:>mfi\lissioners.

·Ttti:,;:i,, -·;_,.,,jl, .. ,,, ,

al)!. MOT.l~N BY Councilmember Coy, SECONDED ,,,y .. :;,:,,, _,.-k!•/,.'!i'

BY'i'.J'1IJ§,i/Mitchell, the members voted unanimously (15-9tf/'' to recommend the Board of County Commissioners find the INEOS facility qualified as a "New Business" under the Tax Abatement Ordinance.

EOG/Unapproved 4 December 6, 2011 C:\Documents and Settings\stan\Local Settings\Temporary Internet Files\OLK27\Min 120611 Special Call (3).doc

ON MOTION BY Councilmember Weick, SECONDED BY Councilmember Coy, the members voted unanimously (15-0) to recommend the Board of County Commissioners find the application scores in the highest tax abatement award category under the adopted scoring guidelines.

ON MOTION BY Mr. Zimmermann, SECONDE, ,1i/

Ms. Mitchell, the members voted unanimous.I 15-0) to recommend the Board of ~ounty Co~!i- w1fners grant a tax abatement usmg the ~.~fieduleJ;,,.,for highest award category, with the 10-¥~1t~~baterif~!,c!t period to begin in 2013. 1

'13

'1't11,, .,, •!¥, ,,&t

ON MOTION BY Ms. SEG~NDED BYfi{fii Councilmember Coy, ' ·;1'5d'?s voted unanimously (15-0) to recomme • ,,;

111,. the Board of

County Commissioners approve 0'iil;;tJ:ie 1,~ttached ordinance granting A,ii!.Q economic de'1tJ,i~inent ad valorem tax exeffipti1,rf&il~ "JNEOS 11Fi'ew Planet B·10Energy LLC iit\,. . •iii ',%,,. ·•"·

' • «"'./' ,.•,;·t+'' ''t)/· ,,_,,,•;,,, ,i(;;j'/

ON MOT19.~) B~t .. Mr. Zi~:~~~~an~: SECONDED BY Ms. Mit~

1~;e1H, theJ~ember~@l{:S}ted unanimously (15-0)

to rec,p(ijmend tne Board (:$,ff/County Commissioners autho'f1l!i21:the ,·cSg$:~alrr:nan1;1 ~f the Board of County S,:9,ij:J;~.,issidi¾;([' to execute the Economic ;Beve:lOQl!1ent1lli,!,x i

1?Cemption Agreement for INEOS

.;). . New Plan'@l Biol;p'.ergy, LLC Facility. ,•Y!.:;::.,i "T[t;;, ,,,:;;!1):,:1:'

.,.:,::,:,·· '\::::,.·,

Adjournrife:nt

There :~lrtg ri!?XtGrther business, the meeting adjourned at 4:50 p.m. •,,::,::-:-,:;?:'

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AlTACHMHT "'-.4. .... 195


PUBLIC HEARING SPECIAL EXCEPTION USE

(QUASI-JUDICIAL)

TO:

THROUGH:

FROM:

DATE:

SUBJECT:

Joseph A. Baird; County Administrator

o ert . Keating, AICP; ommu · evelopment Director

Stan Bo~CP; Planning Director

John W. McCoy, AICP; Senior Planner, ~Wimevelopment

December 8, 2011

Indian River County Recyclers, LLC's Request for Special Exception Use Approval for a Construction/Demolition Debris Facility to be Known as Indian River County Recyclers [2001080027-67135 / SP-SE-11-10-14]


DESCRIPTION & CONDITIONS

Schulke, Bittle, & Stoddard, LLC, on behalf oflndian River County Recyclers, LLC, has submitted an application for special exception use approval of a "demolition debris site" and an associated major site plan. At the same time that the subject special exception application was filed, the applicant also filed an administrative permit use application for a "recycling center". At the applicant's request, the county reviewed both applications simultaneously, and the Planning & Zoning Commission considered both applications at its November I 0, 2011 meeting. At that meeting, the PZC approved the "recycling center" administrative permit use request with conditions and then made a recommendation to the BCC on the "demolition debris site" special exception use request. The proposed "demolition debris site" use and approved "recycling center" facility are to be operated as a single facility/use.

Located on the east side of74th Avenue SW, approximately 1/2 mile south of Oslo Road, the subject 16.65 acre site (1350 74th Avenue SW) is directly across 74th Avenue SW from the County's landfill complex entrance. Currently, the site is vacant agricultural land that has been used for citrus groves in the past and is zoned A-1, Agricultural I (1 unit per 5 acres). The A-1 zoning district allows "demolition debris sites" as a special exception use.

Although the PZC approved the "recycling center" application for the subject property, it is staffs position that construction and demolition debris cannot be accepted at the subject site unless the subject "demolition debris site" special exception use request is granted. As part of the special exception use application, the applicant proposes to accept roll-off containers of mixed construction and demolition debris from commercial haulers. The mixed debris will be tipped and separated in an enclosed tipping

F:\Community Development\Users\CurDev\BCC\2011 BCC\IRCRecyclerSpecExcUsereport.rtf 1 196

building located near the site entrance. Sorted wood and concrete will then be stockpiled in designated areas to the east (rear) of the tipping building. Although the facility will accept and sort concrete, no county approval for crushing concrete is being sought at this time. Consequently, potential impacts from concrete crushing have not been addressed with the subject application, and a condition prohibiting concrete crushing will need to be attached to any county approval of the "demolition debris site" use.

The Board of County Commissioners is now to consider the special exception application and is to approve, approve with conditions, or deny the request. Pursuant to Section 971.05 of the land development regulations (LDRs), the Board is to consider the appropriateness of the requested use for the subject site and compatibility of the use with the surrounding area. The Board may attach reasonable conditions and safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area.

Planning and Zoning Commission Action:

Atits regular meeting ofNovember I 0, 2011, the Planning & Zoning Commission voted 5-0 to approve the "recycling center" administrative permit use with conditions that address environmental issues and potential nuisances and prohibit accepting, handling, and storing construction or demolition debris. Since that approval was not appealed during the appeal timeframe, the recycling center use is approved for the subject property. At the same meeting, the PZC also voted 5-0 to recommend that the BCC approve the demolition debris special exception use request with the conditions recommended by staff and listed at the end of this report. If granted, the recommended special exception approval will allow the facility to accept, handle, and store construction or demolition debris but will not allow concrete crushing (see attachment #8).

ANALYSIS

I.

2.

3.

4.

5.

Size of Development: Project area: 16.65 acres

Note: The project area consists of the overall site, which includes the associated "recycling center" facility.

Zoning Classification:

Land Use Designation:

Building Area:

Impervious Area:

A-1, Agricultural 1 (up to 1 unit per 5 acres)

AG-I, Agricultural (up to 1 unit per 5 acres)

Proposed tipping building Proposed office building: Total:

290,137 sq. ft.

10,500 sq. ft. 1,440 sq. ft.

11,940 sq. ft.

Note: The impervious area consists of building area, driveway and parking areas, equipment storage and process areas, and an area for outdoor storage of materials to be transported to the landfill. The entrance driveway and internal truck loop will be concrete. Other internal driveways will consist of asphalt millings, while storage pile areas, including areas for sorted concrete and wood materials, will consist of stabilized soil.

F:\Community Development\Users\CurDev\BCa20I l BCC\IRCRecyclerSpecExcUsereport.rtf 2 197

6. Phasing: The project is to be developed in a single phase.

7. Open Space: Required: Proposed:

60% 60%

8. Traffic Circulation: The applicant is proposing a single two-way driveway to 74th Avenue SW. That driveway will be located approximately in the middle of the property. After entering the property, vehicles that are off-loading construction and demolition debris will loop through the site. Other vehicles will use the internal driveway system which provides access to an employee/customer parking lot. The project's internal circulation plan and the proposed driveway connection to 74th Avenue SW have been approved by the County's Traffic Engineering Division.

9.

As proposed, the combined "recycling center" and "demolition debris site" facility is projected to generate fewer than 100 total average daily trips (new trips). Based on the anticipated low trip count approved by Traffic Engineering, no off-site traffic improvements are required, and none are proposed. Traffic Engineering has no objection to project approval.

Off-Street Parking: Required: Provided:

24 spaces 24 spaces

10. Dedications and Improvements:

74th Avenue SW Right-of-Way: The County's thoroughfare plan requires 130' of ultimate rightof-way for 74th Avenue SW. Presently, 80' of right-of-way exists for 74th Avenue SW. Since a canal separates the project site from 74th Avenue SW, no additional right-of-way is required from the subject site.

Sidewalks: The County's bikeway and sidewalk plan does not require a sidewalk along the site's 74th Avenue SW frontage. Therefore, no 74th Avenue SW sidewalk is required or proposed.

11. Stormwater Management: The applicant has submitted a preliminary stormwater management plan that has been reviewed and approved by the Public Works Department. That plan depicts a single wet stormwater management area on the east side of the subject site and addresses run-off from all open areas of the property, including material piles and impervious areas. Pursuant to Chapter 930 of the LDRs, a County Type "A" Stormwater Permit will be required prior to site plan release.

12. Groundwater Impacts: In order to protect groundwater quality, all loads of material accepted on site will be tipped and sorted in a building located near the front (west side) of the site. After being tipped and sorted, recyclable material will be moved outside, while reject material will be stored in covered containers and transported to the landfill. The tipping building will be equipped with a floor drain and holding tank so that the tipping floor can be washed down and the resulting run-off contained within the holding tank. When the holding tank is pumped, the wastewater will be taken to an appropriate facility, most likely the existing sludge facility at the landfill. Thus, tipping floor wash-water run-off will be captured and treated separately from site run-off.


13. Utilities: Although the site is located outside the urban service area, the tipping building and office building are allowed to connect to utilities since they are part of an agricultural industry use and since the buildings are within 500' of the urban service boundary. The buildings are allowed to connect to utilities under either one of these two conditions. For this project, the applicant proposes to connect to county water for potable water and fire protection, and to use an on-site septic system to serve each building. The Department of Utility Services and the Health Department have approved these utility provisions.

14. Solid Waste Disposal District Requirements: During the site plan review process, planning staff coordinated with Solid Waste/Utility Services staff and the County Attorney on solid waste issues associated with the proposed project. In part or in whole, the applicant's operation may engage in activities that require a franchise or some type of agreement with the Solid Waste Disposal District. Currently, the applicant is working through the County Attorney's Office and the Department of Utility Services with respect to the franchise/agreement issue. That work will lead to a determination as to whether or not a franchise or other agreement is required.

Based on recent meetings between the applicant, SWDD staff, and the County Attorney, it appears that no franchise agreement will be required, but that some type of arrangement (agreement) for special charges may be needed. For example, the special hauling surcharge collected at the landfill for each load of construction and demolition debris ( currently $1.80 per ton) may need to be collected for each C&D load accepted at the proposed facility. Prior to site plan release for the "demolition debris site" facility, the applicant will need to obtain either a franchise agreement, another type of agreement ( e.g. special charge agreement), or a determination that no franchise or other type of agreement is required.

15. Surrounding Land Use and Zoning:

North: East: South: West:

Vacant, Indian River Exchange Packers/A-I, IL Vacant/A-I Grove Maintenance Facility, Vacant/A-I 74th Avenue SW, Landfill Complex/A-I

16. Landscape Plan: The proposed landscape plan satisfies the requirements ofLDR Chapter 926 for perimeter, interior, roadway, and non-vehicular open space landscaping areas. Along all perimeters of the project's area of development, the applicant is proposing a 60 foot wide Type "B" buffer in combination with an 8' high berm. The majority of the landscape material will be planted on the outside of the berm on the side slopes and at the base. A small gap will be provided in the rear (northeast comer) of the berm that will be used for maintenance access to the remainder (eastern one third) of the overall property. That 50' gap will be screened from view off-site by two nearby preserved oaks, understory tree plantings, and fencing.

17. Fire Protection: Based on Fire Division general criteria, the maximum height of any pile of combustible material on any project site in the county is 25'. In this case, the applicant has agreed to limit the height of all material piles to 14'. The minimum aisle width between piles will be 25' to allow the facility operator and the Fire Division access to all sides of each pile. No material will be buried or burned on the site. Based upon a recommendation from the Fire Division, the applicant will provide an 8" water main to a fire hydrant located between the


proposed tipping building and material stockpile areas. With the proposed stockpile height limitation, minimum pile separation distances, and water/fire hydrant improvements, the Fire Division has no objection to project approval.

18. Specific Land Use Criteria for Construction/Demolition Debris Facilities: Pursuant to LDR section 971.27(1), the following criteria apply to the proposed administrative permit use and special exception use:

(c) Criteria for demolition debris sites:

1. No debris shall be stored or buried within thirty (30) feet of any property line;

Note: No debris will be stored within 30' of a property line, and no debris will be buried. As a condition of approval, no burying will be allowed.

2. All demolition activities shall be completely surrounded by a continuous one hundred (100) percent opaque fence or wall at least eight (8) feet in height, with a Type "C" buffer between the fence and adjacent property boundaries and road rights-of-way;

Note: The applicant proposes an 8' foot high opaque feature (8' berm/earthen wall) with a Type "B" buffer along all project site boundaries. In conjunction with the proposed location and height limitation on material piles (14' minimum), the proposed opaque feature is designed to screen onsite activities and stored materials from view of adjacent properties and 74th Avenue SW. The proposed Type "B" buffer exceeds the standards of the required Type "C" buffer.

3. No burning activities shall be permitted on the site, except as may be permitted pursuant to Chapter 925, Open Burning/ Air Curtain Incinerator Regulations, of the County land development regulations;

Note: No burning is proposed at this facility. As a condition of approval, no burning will be allowed.

4. The applicant must obtain all required permits from the department ofhealth and rehabilitative services and other jurisdictional agencies.

Note: Prior to site plan release, the applicant will be required to obtain all required jurisdictional agency permits, including permits from the Florida Department of Environmental Protection (DEP).

19. Construction/Demolition Debris Facility Use: Staff acknowledges that the county land development regulation (LDR) definitions and use categories that relate to recycling uses are dated and that the categories overlap to some degree. Nonetheless, the LDRs contain three separate categories that relate to recycling uses. Those are "junkyard", "recycling center", and "demolition debris site". Under Chapter 901 definitions ( see attachment #3), a "junkyard" use involves processing, disassembling, and storage of vehicles, "junk", "scrap building material", and a broad spectrum of items. A "demolition debris site" is defined, in Chapter 901, as a site

F:\Community Development\Users\CurDev\BCC\201 l BCC\IRCRecyclerSpecExcUsereport.rtf 5 200

utilized by wrecking and demolition contractors, which staff interprets as allowing for the handling and recycling of construction and demolition debris typically generated by contractors.

The term "recycling center" is not defined in Chapter 90 I, but the term "recycling plant" is defined as " ... a facility that is not a junkyard" and which handles a wide range of recoverable resources. Because "recycling center" is not a defined term in the LDRs, staff has arrived at a definition by comparing and contrasting the "junkyard", "demolition debris site" and "recycling center" categories.

Staffs position is that a "junkyard", which is allowed only in the IG (General Industrial) District as a special exception use, allows for handling and processing the broadest spectrum of materials and is the only use that allows vehicle salvage and vehicle-related scrap. It is also staffs position that a "demolition debris site" use is a facility that handles debris generated by construction and demolition activities. A "Recycling center", in staffs opinion, is a use that is similar to a "recycling plant", but is not a "junkyard" or a "demolition debris" site. Staffs position is that a "recycling center" use does not allow for the handling of junked vehicles or construction and demolition debris, but does allow for handling "recyclable materials" as defined in Chapter 901 (see attachment #3) and the mulching or chipping of land clearing debris. The "recycling center" administrative permit use approved for the subject site is subject to conditions consistent with staffs position. Further, it is staffs position that the subject special exception use request must be granted in order for construction and demolition debris to be accepted and sorted at the site.

20. DEP Permit Requirements: The proposed facility is regulated by the Florida Department of Environmental Protection (DEP), and the applicant/operator is required to obtain a DEP solid waste permit and a DEP stormwater management permit prior to the release of any approved site plan. As of this time, the applicant has already obtained a DEP stormwater permit for the proposed facility and is part of the way through the process of obtaining a DEP solid waste permit. The solid waste permit addresses many aspects of operating the facility, including properly identifying, sorting, handling, storing (including stockpile volume and tum-over time), and disposing of recyclable materials and hazardous waste.

According to DEP staff, most hazardous waste items and other rejected materials are required to be stored in covered roll-off containers and transferred off-site within specified timeframes that are material-specific. DEP staff also verified that DEP will perform a site inspection prior to operation of the facility (prior to C.O.) and will perform 3-4 unannounced compliance inspections each year. In addition, DEP staff indicated that annual compliance reports are required to be filed by the applicant and that DEP welcomes coordination with county staff regarding compliance monitoring. In order to aid county staff in coordinating with DEP monitoring for compliance, the applicant will need to submit copies of all compliance reports and correspondence with DEP regarding the subject project to county staff.

• Financial Assurance for Clean-up

Through its solid waste permit regulations, DEP requires financial assurance for clean-up of the subject demolition debris site and associated recycling center facility in the event that the facility closes with un-sorted material on site. The financial assurance consists of security posted with DEP by the applicant, with the amount of required security tied to the estimated


cost to properly handle the maximum volume of material that can be brought into the site and remain un-sorted. Once material is properly tipped and sorted, DEP considers the resulting separated material a commodity/resource and does not require security for disposal of the sorted materials. Based on DEP's financial assurance requirement, staffhas no concerns regarding the disposition of un-sorted material in the event that the facility closes.

Staff does have concerns, however, with respect to stockpiles of un-crushed concrete accumulating on site if it becomes unfeasible to dispose of the concrete. For that reason, staff is recommending a condition that will require the applicant to post financial security with the county to guarantee removal of stockpiled concrete material from the site. The amount of the financial security will be based on an engineer's certified cost estimate, approved by the County's Solid Waste Division. The financial security will need to be in a form acceptable to the County Attorney's Office and provided to the county prior to site plan release.

21. Compatibility: In order to set the limits of operational activity, the applicant is proposing to operate Monday - Friday from 7:00 am to 5:00 pm and Saturday 8:00 am to 12:00 pm. Therefore, no recycling activities ( accepting, separating, processing materials) are proposed from 5:00 pm to 7:00 am Monday-Friday or for most of Saturday or on Sunday.

While staff does not anticipate any adverse off-site impacts, some aspects of the operation, particularly the mulching or chipping oflandscape material, have the potential to create noise and dust. Consequently, the applicant will be utilizing equipment, practices, and procedures consistent with the DEP solid waste permit to address potential noise and dust impacts. In addition, the applicant has acknowledged that the facility will be required to meet the County's Chapter 974 noise requirements for agricultural areas.

With respect to air emissions, the applicant has indicated that control of dust resulting from mulching and chipping of land clearing debris will be handled by using sprinklers in stockpile and processing areas and by providing 8' tall landscape berms around the entire area of operations. In addition, dumpsters are to be tipped within the tipping building only, where emissions from tipping can be contained. Because the applicant has agreed that no concrete crushing will be conducted on site, there will be no impacts associated with crushing. In order to ensure that no crushing will take place, a condition prohibiting crushing is included in staffs recommendation.

With respect to hazardous materials, the applicant has indicated that the facility will not accept hazardous waste or tires, except for small quantities that may be part of and incidental to a load of mixed material. Any hazardous waste or tires will be separated out as reject material, temporarily stored in a covered container and transferred to the landfill.

Another component of compatibility is the project's location on 74th Avenue SW near the landfill. That section of74th Avenue SW has relatively low traffic volumes, and most of the traffic volume is associated with the landfill. In fact, trucks carrying solid waste, debris, and recyclable materials already travel the subject segment of7 4th Avenue SW enroute to the county landfill. The proximity of the site to the landfill is another component of compatibility, since activities occur at the landfill that are similar to those associated with the proposed recycling center.


As proposed, the project design provides several measures that address compatibility. Those measures include dense perimeter landscape buffers, an 8' tall berm around all operation areas, the location of the process/stockpile area in the central portion of the site, and large setbacks ranging from 75' to 500' between operation areas and perimeter property lines.

Through its analysis, staff has determined that the proposed "demolition debris site" use, as limited under staff's proposed conditions, is consistent with applicable comprehensive plan policies and land development regulations. In addition, staff has determined that the proposed use, with the recommended use limitations and conditions, satisfies all specific land use criteria for a construction/ demolition debris facility. Based upon the project design and the conditions recommended below, staff finds that the project is compatible with surrounding properties and that potential adverse impacts are addressed.

In addition to staff's analysis, the applicant has submitted an analysis that addresses the "recycling center" use and general criteria for the "demolition debris site" special exception use proposed by Indian River County Recyclers. That analysis is appended to this report as attachment #4.

RECOMMENDATION

Based on the above analysis, staff recommends that the Board of County Commissioners find that in conjunction with the recommended conditions:

• Findings

1. It is empowered under the provisions of Chapter 971 to review the special exception applied for;

2. The granting of the special exception will not adversely affect the public interest;

3. The application satisfies the general and specific criteria required for special exception approval; and

4. The conditions stated below are adequate to ensure compatibility between the special exception use and surrounding land uses.

Staff further recommends that the Board of County Commissioners grant special exception use approval for the Indian River County Recyclers construction/demolition debris facility with the following conditions:

• Conditions

I. Prior to site plan release, the applicant shall:

a. Obtain from the Solid Waste Disposal District either a franchise or other type of agreement, or a determination that no franchise or other type of agreement is required for the proposed recycling center facility.

b. Provide financial security for proper disposal of concrete stockpiled on site. The security shall be in an amount acceptable to the County's Solid Waste Division and in a form acceptable to the County Attorney's Office.


2. Prior to issuance of a certificate of occupancy (C.O.), the applicant shall: a. Construct all buffers and berm improvements shown on the project site plan.

3. The following operational conditions shall apply: a. Operation of the facility for recycling and construction/demolition debris related

activities ( accepting, separating, handling, or processing materials) shall be prohibited from 5:00 pm to 7:00 am Monday - Saturday, all day Sunday, and all day Saturday except from 8:00 am to 12:00 pm. The county may temporarily suspend or modify those hours of operation limitations during clean-up and recovery of a disaster event.

b. No materials shall be mulched or chipped on Saturdays or Sundays. c. No pile of material shall exceed 14' in height, as shown on the project site plan. d. A driving/access aisle with a minimum width of 25' shall be maintained between

material piles at all times, as shown on the project site plan. e. No hazardous material, as defined by Florida Administrative Code Chapter 62, shall be

accepted at the site, except for incidental items that are temporarily stored and transferred from the site in accordance with the project's DEP solid waste permit.

4. No concrete crushing shall be allowed on site.

5. No material shall be buried or burned on site, and no tires shall be stockpiled on site.

6. Through the use of sprinklers and other practices and techniques, the facility shall be operated and maintained so as to control dust and emission of particulates off-site.

7. All activities conducted on site shall be subject to the County's Chapter 974 noise requirements for uses in agricultural zoning districts.

a. Tipping activities shall be restricted to the tipping building depicted on the project site plan.

8. No junk vehicles shall be accepted for processing or stored at the project site.

9. The applicant/facility operator shall submit to the Community Development Director all annual reports and correspondence with DEP regarding the construction and demolition debris facility, when the reports and correspondence are submitted to or received from DEP.

ATTACHMENTS

1. Application 2. Location Map 3. Chapter 901 Definitions of Recycling-related Terms 4. Applicant's Memorandum 5. Site Plan 6. Landscape Plan 7. Aerial 8. Minutes ofNovember 10, 2011 PZC Meeting Indian River Co, Appra l!f d Date

Admin. '- ~,) /d--J.c/11 Legal

FOR:..,µ====:::::_-'4-~!E"~'---- Budget

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SPECIAL EXCEPTION SITE PLAN (SPSE) APPLICATIONf~~;:;1,y:Ji~;,., ~ PROJECT NAME (Please Print): 74th Avenue Recycling Center t"" -.. urli.::,.yy !Jf

PROPOSED PROJECr USE: Demolition Debris c/- (e~ ~if ~'f:s-, ·. ~ . "<-t/,t, ?t H,\ 'Q <?,

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CORRESPONDING PRE-APPLICATION CONFERENCE PROJECT NAME AND CD PLUS ASSIGNED FILE NUMBER (IF ANY): 74th Avenue Recycling Center

PROJECT#: __ 20_0_1o_a_oo_2_1 _-__,tu=--....:1...:./-=.3_5 _ _,, ____ __,SP-SB-.....,/~[ __ __ /_D ____ 1_1.,___ OWNER: (PLEASE PRINT) AGENT (PLEASE PRJNT)

Indian RiVer County Recyclers, LLC Schulke, Bittle & Stoddard, LLC

NAME NAME

4901 Bethel Creek Drive, Unit F 1717 Indian River Boulevard, Suite 201

ADDRESS ADDRESS

Vero Beach, FL 32963 Vero Beach, FL 32960

CITY, STATE, ZIP CITY, STATE, ZIP

772-559-4525 772-770-9622

PHONE NUMBER PHONE NUMBER

[email protected] [email protected]

EMAIL ADDRESS EMAIL ADDRESS

Beatrice Sartor Jodah B. Bittle, P.E.

CONTACT PERSON CONTACT PERSON

PROJECT ENGINEER: (PLEASE PRINT) PROJECT SURVEYOR: (PLEASE PRINT) Meridian Land Surveyors DBA

Same As Agent Houston, Schulke, Bittle & Stoddard, LLC

NAME NAME

1717 Indian River Boulevard, Suite 201

ADDRESS ADDRESS

Vero Beach, FL 32960

CITY, STATE, ZIP CITY, STATE, ZIP

772-794-1213

PHONE NUMBER(s) PHONE NUMBER(s)

[email protected]

EMAIL ADDRESS EMAIL ADDRESS

Charles Blanchard

CONTACT PERSON CONTACT PERSON

!801 27" Street, Vero Beach FL 32960 F :\Commun1ty Development\Users\CurDcv\Applications\spse app only .rtf Revised January 2011 Pagel of3

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•DOES THE REQUEST INCLUDE A CONCEPTUAL PLAN ONLY OR A CONCEPTUAL AND "FINAL" SITE PLAN?: Conceptual & Final Site Plan

•AMOUNT OF NEW IMPERVIOUS SURFACE: ..,(S..,O"'.F,._T""' . .,_) _,_,o_,,_,1_•_f _________ _

•SITE ADDRESS: 1350 74th Avenue SW Vero Beach, FL 32968

•SITE TAX PARCEL ID#(s): 33-39-30-00001-0120-00001. o

•IS ALL OR A PORTION OF PROJECT IN ENVIRONMENTALLY SENSITIVE AREA AS DESIGNATED IN THE COMPREHENSIVE PLAN OR ADDRESSED IN A PRE-APP CONFERENCE?

X YES ------~NO

•FLOOD ZONE: __ x __ ZONING: ____ ._, __ , ______ .FLUE: ___ Ao_•_1 __ _

•TOTAL (GROSS) ACREAGE OF PARCEL: __ 16_·6_5 __________ _

•AREA OF DEVELOPMENT (NET) ACREAGE: __ ,_•·-"---------

•PROPOSED CHANGES TO EXISTING DEVELOPMENT (IF APPLICABLE}:

A. NUMBER OF UNITS: FROM ___ ._IA ___ _ TO _______ _

B.DENSITY: FROM N/A UNITS PER ACRE TO ___ UNITS PER ACRE

•CHANGE IN USES BY SQUARE FEET GROSS BUILDING AREA

USE: FROM. ____ 0 ____ ~8=,.FT. OF _____________ (USE)

TO ____ •.;..••-•• ______ __,s=o .. FT. OF ____ con_t_ra_tt_or_s_T_ra_ae _______ (USE)

COMMENTS: _________________________ _

**PLEASE COMPLETE APPLICATION CHECKLIST ON NEXT PAGE**

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1FROMLDRS

Demolition qebris siteproperty utnize.d by S[)E:lCiclltrclde contractors primarily enQaged inthe wrecking and demolition of buildings and other.structures. The operation may or may not entail the selling of material derived from demolition.

Junk old and dilapidated automobiles, trucks, tractors, watercraft, and other such vehicles and parts thereof; wagons and other kind of vehicles and parts thereof, household appliances, scrap building material, scrap contractors' equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper excelsior, hair, mattresses, beds and bedding or any other kind of scrap or waste material which is stored, kept, handled or displayed.

Junk vehicle any automobile, truck, tractor, motorcycle, boat, trailer, or other vehicle which is inoperable, provided that such vehicle, trailer or semi-trailer shall be presumed to be a junk vehicle if no license plates are displayed or if the license plates displayed have been invalid for more than sixty (60) days. In cases where the determination of a junk vehicle is under dispute, the vehicle owner shall have the opportunity to prove the vehicle is not a junk vehicle by:

1.

:2.

Demonstrating to a county enforcement official, within

ten (10)days CJf notification, that the vElhicl.E:l is gper,able

?rl.9 rC>?.c!:~()r:!~YrJref. 9.hc1pt~~ ~16,?1!:i, f::S. pE:lrtcii11i11g :to ~tc1t<:l.t~c:1.ff'i<:; laws), including proof of current vehicle \registration; or

Pro:v,:idi11g a.notarized staterner,t fmm a qualified

:rri~gbc111is.!b~~ .. thi,_ ':'.ebic;IEJ.sarU)~!'.!3.~toi:El9 .. t() ()e!lrcl_ble is':1D9J!ig,'} !9r_ .1!:l~~ .. tbc1n t~i r,ty .{~Q2.PEJEC}EJ,11J oLf be _c;~~rent yalyEl,9.f!.~E:l :'.~.b,icl~,p r()yi<:l,E:l?.~~c;b r~.~!Clrclti()n, {)CCU rs •\Vimiri !hJr,ty(}Q). days of notification bya county ,enforcement official.

The term "junk vehicle" shall not be deemed to include vehicles having historic or antique value when such vehicles are stored in an

ATTACHMEtt,2 q B,

. _., ' . ·-. . -- .

enclosed structure, or any agricultural vehicles stored on agriculturally used property .

. {ll[/k.Y._ard the use()fariy lci.ncl!. building, or structtJre for the - . ,, . ' . .

parki11a1.s.tor,age, .. c<:>llection,.pr9~essjng1 pyrchase, sc1let ~isassembly, demoliti9n 1• 9r.:ibcllldonrrien\9fJy.n~. including scrap rrietals or other scrap mate!icils, '«ciste paper,, rcigs,ysed buildin9. 111.:iterials, old house.hold .:ippli:3ncEls, junked o.rotherwise inoperative vehicles or machinery or parts thereof, and other type of junk. See also "automobile wrecking yard."

Recyclable materials materials separated, at the point of generation, by the generator or his agent, and donated or sold by the generator for the purpose of recycling; including newsprint, cardboard, aluminum, glass, plastic, and ferrous metals.

Recycling any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

Recycling plant a facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, and other paper products; glass; metal cans; and other products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production .

. Solid waste,Jlar~clQEl, rElf,tJse,y.:ir~ tr3:1,s~Lc;IElclfillg cleb~is! vvhite :goods,. special waste, ashes, sludge, or other discarded material,

[i~cf~ifoQ:.i9TI~~:[<i,gLcT;ii~Iiili~:~I:s9E"i16iJ~Qiii~~i'i!1i£eirJii .. :resLJl!in9 .!~Cl!:17.,clgr,r.i~~,Ii!iindustrial, c9rnmE:lr<::ic1I, mining, agricultural, or !govern mental O()eratioris .

. Solid .. waste facilitjr,la.~~L~guip1!7e_17{§!1,~~~~il~,irigs C:<:ms!r,uc;!Eld! ial)9 .i:riair1t<:1Lned ,b.¥ the ~-0ar~t of s:9.1;1nty commissloners to transfer and ;or di~J:>ose of sofjd ~aste within the county.,

FROM SOLID WASTE ORDINANCE

Construction and demolition debris means discarded materials generally considered to be not water-soluble and nonhazardous in

,,.. .. ·-" '• .,_ ...

nature inc;luding1 b.1;1t 11ot limite<:J,to,s!Elel, glass, b.rick,.c:911c:;rete, asphalt roofing mc1terials, pipe, QYPSl;lm wallboard and l~ITlber, from the constru.ction or dElslructionof,a structure as part 9f a .construction or demoUtiC>n .erojElC:! or .fro1T1 !~El.r,El11C>\/§tion o.f a .struc;!u~El1 c1nd 'i11clud(t:J!Lr()c::.~s, s9.i}s1.!r,Ele fEllTl.ct!!Js,. tr,Eleis. §!D.9 .()t.~eir ·"El!:J.Ellative matter th ell .11ClflTlc1l ly. rEls1:,tl!.s .fr<J1]1,.lc111<:i.SJEl.c1 ri11g,o r,lc1n9 .. 9ElY,,e l9e111El n.\ . operago11s fora c:C>11stru,ctiCln Pt9.!El(;!,inc;ludinQs.uch gei~ris from construction of structures on a site remote from the construction or

~··· -.. ,,,,-,, ..

demolition project site. Mixin9 of construction and demolition debris with other types of solid waste yvjll cause it to be classified as other than construction and demolition debris. The term also includes:

(1)

(2)

Clean cardboard, paper, plastic, wood and metal scraps from a construction project;

Except as provided in F.S. § 403.707(13)0), unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets, provided the wood scraps and pallets are separated from other solid waste where generated, and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with ,other solid waste; and.

1De minimis amounts of other nonhazardous wastes that . - ·. ·""··~•.c.>, ........ _ ... -· •.. ,.. "'-,•··~ •"'·•-·· ····"· .,.',, --"" . , .. -~ - - . - - . _,., ..... . ?. •• • • .• ,.-•• ·- -

~r!'.QEl 11El~.§!.El.9.!3l c:9n,s,l!uc:!iCl-n .. or 9Ell!lgJ!~iCln, projeic:ts, .. !P£9."]9ei9 __ suc:~ an,,9u11_ts are consistent with management !prai;tic:es of the industry,

. .. ..... ib~~iLsl~~EL12~~ilcikiij,:~a6s .. f9£:E~:~2lLuees.~.ii)~!D~,.te.,El~/ ,and other VEl1J!3tative. !:flaltl3r, w~ich nor,mally rEls,u,its fromland_ c;learin_g· '<:>_r l13nd deivEll<:)pf!1Elllt9.P.Elrc1tiCJ11s fora cons_t~u.ctionproject. Land dearing debris dClesnot include vegetc1tive ma!ter from lawn maintenance, co_111mercial or residential l,rndscape maintenance, rightof-way or easementmaintenance, farming operations, nursery

' . . . ,.,.. . ··• , ' ,,. ' ... ····---·-···-···~-··"· . _,. --~-... . .. . . ...... -. . . ·•"·

opemtions, or any other sources not related directly to a construction project.

Recovered materials mearis_ rr.ietal, ,paper, 9!?SS1J~lastic, textile, or rut:>ber mat:3rial13 that hc1y:3.~r12»'D.~E3cysli!1QJ?Cl!El!1!ia_(1_.sc1n pE3 feasibly recycled, and have been diverted and source separated or

, ,· ,,(>,,•"' • ,. •"""' ••· •' ,• ,.' •'•· ,.,. ,. .. •· C •••• ,_., •""·'"h"'• ••'• ;<-.•·•,,o,·,:.;,,•,,~c.· •• •," :-•-";, :.•,,,-,,"'"-·•'",',,;.,,·_:..•~-•,c•o,c, "'.-. < •• -. •

have been removed from the solid waste stream for sale, use, or' • · ·., ,., ...... ••,.-,• .... , •"•"'", ••-·•'"•• •.. •,•.s •>,• •-• ~: . • ,,;,.,,-.,;,w,•C•c•,••-•: ,•

reuse as raw materials, wh:3t~Elr c,_rnC>t the materia!~ff-)qlJire subsequent processing or separaUon from each other,blJt does not include materials destined forany use that constitlJtesdisposal. Recovered materials as described above are not solid waste.

Recyclables or recyclable material means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. The specific recyclables regulated under this part shall be designated by the district board.

Solid waste means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials are not solid waste.

Trash fTlE3a~.s.accu,m!1.lations ofr_f:lf.Y.SE3tfut:,.bish,_par,er, rags, wooden or paper boxes and containers, sweepings, broken toy. s, •,. • , : . · , ,• ·.·, .. ~ • . ••.•• ·c• "'•, """' •• ,";·•.·• ·•• ~--•,·• • •, '• •''· .SC· •.'·.·••'"•··,.,cc·.•·• · : .-,-,_•_,. ·•

:tools, equiplllerit, UtEln~ns., and other.a~gt1111ulatign~ of a similar nature, but shall not include yard trash or garbage.!

• • • • • • ••• • " . ., • ••• • ••• • •• •• • ""'•••• -•so••• "" • • •-• •••••

.. ,Whiie~gClpds_me~ri_s:~6'4 incfuctes fooger<itiV_E! ~n.2_stiscardedi '~:3frigera.~c,_~13,rar1.~13 .. ~at~ .. ~~Jl(3I13,!~El.~~~rs, .?ncl o_ther si mHar, domestic and cClm111erdc1l lc1rge a_pplic1n<::t>i3 .

. ..... .. !'( ar{if~~h iji~~.~ Y-'.9~iat/vt, m~tt~r resulting from landscaping] maintenance am.I 19nd clearirig operatiClns,:

. - -- -·-·· _,. - .

(Ord. No. 2003-014, §1(6),4-15-03)'

MEMORANDUM IN SUPPORT OF APPLICATION FOR "DEMOLITION AND DEBRIS SITE" PERMIT

Re: Indian River County Recyclers, LLC. ("Applicant") 7305 13 th Street SW, Vero Beach, Florida ("the Property")

This memorandum is provided in support of the Applicant's application for the approval of a "Demolition Debris Site" at the Property. The Property is currently zoned as A-1 with a Land Use Code of AG-I. Currently, the Applicant is also applying to utilize the Property as a Recycling Center. That use is a merely requires an administrative permit from the Planning and Zoning Commission. The intended use for the Property is to operate a recycling center that accepts recyclables generated by construction and demolition projects. These recyclables are otherwise known as "Construction and Demolition Debris" which is classified as "Solid Waste" in the Code of Indian River County ("the Code"). Once on the Property, the recyclable material will be sorted and segregated for shipping to end users and processors of these materials. At no time will the Property be occupied or utilized for demolition projects and the Applicant is not a special trade contractor operating a demolition business. Additionally, the Applicant is not engaging in the crushing of the concrete or the mulching ofnonvegetative wood.

Recycling is defined in the Code 1 to be "any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products." Solid Waste is defined in the Code to include 'special waste.' Special Waste is defined in the Code to be "solid wastes that require special handling and management, including, but not limited to ... materials generated in demolition and construction projects." As such, the Applicant's intended use for the Property is contained in the Code's definition of recycling. Just as recyclable materials change their form to be reused, the entire process of recycling has changed and evolved since its early days. While the Code provisions concerning recycling are antiquated and resemble the recycling efforts of yesteryear, the Florida Statutes governing the subject have tracked the latest in recycling technology and abilities. As an example, the Florida legislature found "[T]hat the recycling of construction and demolition debris fulfills an important state interest. Therefore, each county must implement a program for recycling construction and demolition debris."2 A direct result of this enactment is that Indian River County is now recycling construction and demolition debris at the landfill. That landfill is approximately thirty (30') feet from the proposed entrance to the Applicant's Property.

While the Applicant takes the position that its intended use for the Property, as provided in its permit applications, constitutes recycling and that these activities should be allowed under the Recycling Center permit, the County's planning staff has taken the position that the receipt of Construction and Demolition Debris requires a Demolition Debris Site permit. A Demolition Debris Site is defined in the Code to mean "[P]roperty utilized by special trade contractors primarily engaged in the wrecking and demolition of buildings and other structures. The operation may or may not entail the selling of material derived from demolition."1 In an abundance of caution, the Applicant has applied for a Demolition Debris Site permit which requires a Special Exception be granted by the Planning and Zoning Board and, ultimately, by the Board of County Commissioners.

1 Indian River County Code §901.03 - Definitions in Alphabetical Order 2 Florida Statute §403.706 2(b)

•••••ut••rUT 21 2

1 I

The Code establishes certain criteria that must be met by the Applicant to be entitled to the Special Exception permit. This permit, if even required under the Code, relates only to the receipt and handling of Construction and Demolition Debris. The recycling center only requires the issuance of an administrative permit. The Applicant is not requesting that it be permitted to crush concrete or mulch nonvegetative wood on this site. The Applicant will receive materials, separate them, and store the materials on site temporarily until such time as they ship the materials to an end user or recycler of those materials. The criteria for the Special Exception permit are described below and addressed as they pertain to the Applicant's intended use of the Property and relate only to the receipt of construction and demolition debris.

(a) Consistency with comprehensive plan and zoning code. The proposed use shall be consistent with the comprehensive plan and with the stated purpose and intent of the appropriate district regulations and all applicable regulations within this chapter.

The land is zoned A-1 and has a Land Use Code of AG-1. This district is intended to pennit activities which require non-urban locations that do not detrimentally impact lands devoted to rural and agricultural activities. The activities on the site by the Applicant are consistent with that provision of the code in that the intended use is not consistent with an urban setting but does not affect surrounding agricultural uses. Surrounding property owners such as Ineos New Planet Bioenergy, LLC. (INEOS) may benefit from the availability of the Applicant's services as a source of materials for its operation which would otherwise be destined for the landfill or illegal dumping. While there is no designation of a "Landfill" area on the comprehensive plan, this area is ostensibly just that. Due to the size of the Indian River County Landfill, there is virtually no potential that the landfill operation could be relocated or that its impact on the area be mitigated. As such, this use is consistent with the County's apparent, long-term vision for this area. Additionally, the INEOS plant, which is adjacent to the landfill and the Applicant's site, is consistent with a "Landfill" zone and is in line with the development of this area with the Applicant's business operation in mind. Because the Recycling Center use is permitted in this zoning district with the granting of an administrative permit, the addition of collecting construction and demolition debris will be a nominal addition to that use. It does not result in any material difference to neighboring property owners.

(b) Compatibility with surrounding land uses. The proposed use and its location shall be compatible with surrounding land uses and the general character of the area, based on consideration of such potential impacts as traffic generation, drainage, nuisance impacts, lighting, appearance, and other factors potentially impacting the character and stability of the surrounding area.

The activity proposed by the Applicant is currently conducted by Indian River County, Florida at its neighboring landfill. The Applicant will not be accepting any materials that the landfill is not otherwise permitted to collect or that it is not actively collecting at this time. Unlike the County, the Applicant will not be burning or burying any waste, debris or other materials on its site. Also unlike the County, the temporary retention of materials by the Applicant is solely for the purpose of accumulating a sufficient amount of materials to transport to a final destination or end user of that product. The above notwithstanding, the Applicant's activities will be similar to that of the County but on a much smaller scale. There is no anticipated material change to the traffic

patterns in the area as the Applicant's prospective clientele would otherwise be travelling to the neighboring landfill. The Applicant will be required to comply with the various setbacks required under the Code of Indian River County ("the Code") as well as the buffers and noise/nuicance regulations contained therein. By way of example, the Code provides the County with an enforcement mechanism that regulates noise and other nuisances ( e.g. pest issues) that may affect neighboring properties. The Applicant's operation is pervasively regulated by the Florida Department of Environmental Protection (DEP) which, by design, mitigates any impact the Applicant's business will have on its neighbors. Additionally, the requirements of the Code and DEP's operative regulations establish drainage requirements that will result in a nearly self contained drainage system. To that end, the impact of the Applicant's project will be de minimums especially when the impact of the landfill is taken into consideration.

(c) No adverse impacts on public health, safety, and general welfare. The proposed use and its location and method of operation shall promote the public health, safety, and general welfare. The proposal shall include any landscape and structural improvements, public facility expansions, and operational restrictions or procedures required to effectively mitigate potential negative impacts of the use.

The activity proposed by the Applicant is currently conducted by Indian River County, Florida at its neighboring landfill. The Applicant's operation is pervasively regulated by the Florida Department of Environmental Protection which, by design, mitigates any impact the Applicant's business will have on its neighbors. This covers a vast array of environmental issues including, but not limited to, air emissions, stormwater run-off and ground water impacts and the handling of contaminants. No activity taking place on the Applicant's property will impact neighboring property owners. The most audibly displeasing of activities, the tipping of containers, will take place in a fully contained building (an activity that is undertaken outdoors on the top of the landfill). The activities taking place outside of the building are not destructive and will not result in the generation of particulates, pollutants or odors. As such, there is no affect on any neighboring properties whether a church, school or the landfill itself.

The building being constructed to house the tipping of materials from incoming sources will be completed with a concrete floor. That concrete floor will be serviced by an independent drainage system that will collect any run-off from that operation in a segregated tank. That tank will then be emptied periodically with the contents being disposed of off-site by a licensed contractor. Landscape buffers will be constructed and utilized to provide an aesthetic benefit as well as to absorb sound vibrations and to obscure direct sight lines into the property. The Applicant will not be accepting any banned or prohibited products on its site including, but not limited to, pressure treated woods. In the event of any inadvertent delivery of a banned product, the Applicant will either have the customer remove it or the Applicant will have measures in place to segregate the materials for delivery across the street to the County landfill. This activity is regulated by DEP.

The Applicant will be limited in the amount of materials it may have on hand at any given time as there is a finite amount of space for the placement of materials. There are limitations as to the height and width of the storage areas which further confined with height limitations. These

AlTACHMEMT 2.il 4

parameters will restrict the collection areas thus mitigating any visual, health or safety concerns. Additionally, the Applicant will aggressively limit the heights of lumber and wood as well as mulched vegetation to be safely within the parameters required to eliminate the potential for spontaneous combustion. The hours of operation will further mitigate the impact on the public although the operation by the County at its landfill will typically operate at hours in excess of that of the Applicant.

( d) Promote orderly development. The use and proposed location shall promote orderly and efficient development considering such factors as impact on public facilities, preservation of neighborhood integrity, and similar factors impacting orderly development of the area.

The activity proposed by the Applicant is currently conducted by Indian River County, Florida at its neighboring landfill. The Applicant has specifically chosen this site due to its proximity to the County's landfill and its removal from any arterial road or residential subdivision. Additionally, this site already allows a recycling center with the issuance of an administrative permit. The Applicant's operations will not result in any additional draw from any public facilities and may actually extend the life of the County's landfill by recycling materials the County is otherwise burying. This use is consistent with the Comprehensive Plan and is an area commonly referred to as being "at the County landfill." Because of the existence of the neighboring landfill, surrounding property owners will be more than hard-pressed to argue that this new use will affect their enjoyment of their property. In short, this use has been in operation at this site long before the current owners of the neighboring properties or residents of any nearby subdivisions have ever began to utilize those properties.

INDIAN RIVER COUNTY RECYCLERS

PARCEL 1 WEST 20 ACRES OF TRACT 11

NOT INCLUDED

SITE, PAVING, GRADING ANO UTILITIES PlAN

SCHULKE, BITTLE & STODDARD, LLC. CM ,t SIRW/U'Z(t OGlaKiHG · I..IMJ PWillJNG • OMl10l(l,/£l/Tl,L PfRllrTIMS --- """"""'"'"'"""' -·· 1117 l~'CllAN RIVER 8lVD •• SUllE 201 VlcRO BEACH. FLO!liOA 32960 TS. m I Tlll-86<2 FAY. n~ I 770.~00 E.,..,IL ln[o@sbson,il,,_.-,.oom

PARCEl.1 WEST 20 ACRES OF TRACT 11

NOT INCLUDED

IN0IAN RIVER COUNTY RECYCL£RS

LANOSCA.P[ PLAN

' ' ' ' ' ' '

SCHULKE, BITTLE & STODDARD, L.l.C. Q\lL <l Sffl/JC/U/W.. ~ ·W/0 PWIMII{; ·fHr!1//)flUfJ{W -

cam,.,,mHOl'""7><''""'"'""'"""°"' ... 1717 '""''"~ ~<VF~ n1vn. "'""" '"' VFR<'l RFANI .,,.,.,,,,. •-n

i '

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ATTACHMENT 7

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PARCEL 1 WEST 20 ACRES OF TRA.

,on,cwoe~ IIITACHM£trr

AERIAL CllfL d: S~ rNCfl/ffilJN/; ·I.N/D PWill1NC '~Al =nw,;

"'"'~'""""''"""''""'""""" -.. 1711 ,~o••N Rf\lER 9lV0_ sum, "'" VERO SEAC~. FLORIO• n~ .. ,,n,,10-se,2 FAX772171-91 EI.V,ILO>!o@, .. .,~""".rom

xx

l l !I

PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, November 10, 2011 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 2th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircgov.com/Boards/PZC/2011.

Present were members: Vice Chairman Sam Zimmerman, District 2 Appointee; Jens Tripson, District 3 Appointee; Dr. Jonathan Day, District 4 Appointee; Brad Emmons, District 5 Appointee; and Todd Brognano, Memberat-Large.

Absent was Chairman, Donna Keys, District 1 Appointee; George Hamner, Member-at-Large; and Carol Johnson, non-voting School Board Liaison (all excused}.

Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Planning Director; Robert Keating, Community Development Director, John McCoy Senior Planner; Erik Olson, Utilities Director; Darcy Vasilas, Commissioner Assistant District 3; and Laura E. Vasquez, Recording Secretary.

Call to Order and Pledge of Allegiance

Vice Chairman Zimmerman called the meeting to order at 7:00 p.m. and led all in the Pledge of Allegiance.

Approval of Minutes

ON MOTION BY Mr. Tripson, SECONDED BY Mr. Emmons, members voted unanimously (5-0) to approve the minutes of the meeting of October 27, 2011, as presented.

The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on any quasi-judicial items.

Vice Chairman Zimmerman read the following into the record:

PZC/Approved 1 November 10, 2011

_219

Public Hearing (Set 1 ):

A. Don's Import Auto Service: Request for special exception use approval for a used vehicle sales business. Don Meeks, Owner. Mosby-Smith Engineering, Inc., Agent. Located at 150 43rd Avenue. Zoning Classifications: CG, General Commercial and RS-6, Residential Single-Family (up to 6 units/acres). Land Use Designations: C/1, Commercial/Industrial and L-2 - Residential (up to 6 units/acres). (SP-SE-11-12-15/2008120045-67249) {Quasi-Jusicial}

Mr. John McCoy, Community Development Senior Planner, related this was a special exception use request by Don's Import Auto Service to expand to include a used vehicle sales business. He gave a PowerPoint presentation, a copy of which is on file in the Commission Office.

Staff recommendation was for the Planning & Zoning Commission to recommend the Board of County Commissioners grant special exception use approval for the proposed used vehicle sales business.

Vice Chairman Zimmerman opened the Public Hearing and since no one cared to speak, the Public Hearing was closed.

ON MOTION BY Mr. Tripson, SECONDED BY Dr. Day, the members voted unanimously (5-0) to grant special exception use approval for the proposed used vehicle sales business as submitted by Staff.

B. Reflections ALF: Request for special exception and conceptual site plan approval for a 125 residents/beds assisted living facility (ALS)/adult congregate living facility (ACLF). Reflections Holdings, LLC, Owner. Sustainable Engineering and Design, LLC, Agent. Located on the east side of US1 near Schumann Drive, adjacent to the Reflections on The River condominium development. Zoning Classifications: CL, Limited Commercial and RM-6 Residential Multi-family (up to 6 units/acre). Land Use Designations: C/1 Commercial/Industrial and L-2, Low Density 2 - Residential (up to 6 units/acre). (2003070312-67307 /SP-SE-11-12-12) {Quasi-Judicial}

Attorney DeBraal, announced should any Commission Member have any ex parte communication, those communications were to be disclosed at this time, as well as a statement as to whether or not it would influence their decision.


ATTACHtl\tlf~ 20

Dr. Day stated he had no contact. Mr. Emmons stated he has visited the site, Mr. Zimmerman stated he has visited the site, Mr. Tripson stated he was familiar with the site. Mr. Brognano stated he was familiar with site. The Commission Members all stated they had an open mind and could base their decision on the evidence provided.

Mr. McCoy related this was a special exception and conceptual site plan approval request by Reflections Holdings, LLC request for an Assisted Living Use Facility (ALF)/Adult Congregate Living Facility. He gave a PowerPoint presentation, a copy of which is on file in the Commission Office.

Mr. McCoy stated the history of the site was approved for development of a bank and a retail commercial strip center. If approved, the applicant proposes not to alter the site plan for the bank, but to have a conceptual site plan to modify the portion of the site that is currently covered by the strip center site plan, essentially replacing it with the ALF/ACLF use. He further stated if approved, the applicant was to submit a revised traffic study to reflect a decrease in intensity.

Mr. McCoy reviewed his Memorandum dated October 31, 2011 included in the agenda packet which gave an explanation of conditions and improvements for conceptual site plan approval as follows;

• Stormwater Management • Traffic Circulation • Landscape Plan • Tree Protection • Turning Lanes/ Driveways • Sidewalk Improvements • Maximum allowed beds (125) • Use for seniors only

Staff recommended the Planning and Zoning Commission recommend that the Board of County Commissioners grant special exception use approval for the Reflections ALF/ACLF with the conditions listed in the Memorandum dated October 31, 2011, and outlined by Mr. McCoy.

Mr. Tripson inquired if there was an acceleration lane in the existing driveway for traffic heading North onto US1. Mr. McCoy responded there was not. Mr. McCoy stated there was a deceleration lane for North bound traffic at the existing driveway and a proposed deceleration lane, if warranted, for the new driveway.


ATTACHME~JT2g 1

Vice Chairman Zimmerman opened the Public Hearing.

Mr. Joseph Paladin, President, Black Swan Consulting & Entitlement Company, stated they were planning on moving forward as soon as possible and to build the project out. He added the funding for the project was intact.

Mr. Paladin stated the project would create between 100-120 new temporary construction jobs and 40-45 permanent new positions. He stated the project is a State certified agency and would bring annual tax revenue of approximately $179,000.00 to Indian River County.

Mrs. Kitty Kennedy stated she was concerned with the ingress and egress, placement of trash receptacles, the height of the buildings, maintenance of the road and buffering.

A discussion ensued regarding conceptual site plan improvements regarding ingress and egress of Reflections.

Mr. Tom Tierney, Attorney; 2101 Indian River Blvd. was representing the H.O.A. of Reflections. He stated The Reflections Association was requesting the PZC Commission deny the request for Special Exception and Conceptual Site Plan Approval.

Attorney Tierney stated the Association had issues with the number of stories first proposed and the number of stories later proposed, (the previous plan stated there were 1 story buildings, the subject proposal is for a three story building). He further stated they had issues with the business hours. He further stated the Association did not buy into the changes being made to the site.

Attorney Tierney stated his client had concerns over ownership of the property. He further stated the Association was to seek Quiet Title action for judicial intervention as to the ownership of the property.

A lengthy conversation ensued regarding ownership and land use.

Mr. Aaron Bowles of MBV Engineering stated the Association had a list of issues with the Conceptual Site Approval. Their concerns were details regarding; ingress/egress, parking, utilities, irrigation, fire hydrants, landscaping, buffering, stormwater, and the dry retention pond.

Vice Chairman Zimmerman stated to Mr. Bowles the issues he raised be addressed at time of final site plan review and/or approval.


ft 222

Mr. Larry Stetler, a resident of Reflections stated he had several concerns which were; Emergency Services (police/fire) access, dementia patients and security, hours of operation for delivery trucks, weight of trucks, storage buildings, emergency generators, and overhead paging system.

Mr. Robert Ashcroft, a resident of Reflections, stated he had several concerns which were; construction debris, flooding, maintenance of construction site, and drainage.

Mr. Tom Cooke, President of the H.O.A. stated he had several concerns as follows; security of Reflections, liability, dementia patients. He further stated he believes it does not meet the compatibility because of security issues addressed by the residents. He further stated when he bought his home he was given documents stating the area would remain commercial.

Attorney DeBraal inquired if the prospectus received by Mr. Cooke stated specific language as to future land use. Attorney DeBraal requested a copy of the prospectus be forwarded to Staff.

Mr. Joseph Berkowitz, a resident of Reflections stated he had several concerns, which were; ingress/egress, commercial traffic, hours of operation. He further stated this was not what he bought into when he purchased his home.

Mr. Don Graziano, a resident of Reflections stated he had several concerns, which were; sewage, parking spaces, and licensing on behalf of the ALF.

Mr. Paladin addressed Mr. Cooke's concerns regarding drainage. Mr. Paladin stated all drainage issues would be addressed in detail at time of final site plan review and before construction was completed. He further stated this project was for an ALF and not a nursing home.

Mr. David Phillips with Sustainable Engineering Design addressed comments from the residents of Reflections. He stated buffering could be done with opaque features such as a fence or a wall. He further stated pedestrian connectivity would be reviewed at time of site plan review. He stated other issues that pertained to site review would be addressed at that time.

Vice Chairman Zimmerman closed the public hearing.


c,n1Et4't I 2 3

ON MOTION BY Mr. Brognano, SECONDED BY Mr. Emmons, the members voted unanimously (5-0) to grant Special Exception and Conceptual Site Plan Approval for Reflections Holdings, LLC. as submitted by Staff.

A lengthy conversation ensued regarding hours of operation and traffic

Vice Chairman Zimmerman read the following into the record:

ITEM NOT ON CONSENT

Indian River County Recyclers: Request for administrative permit use approval for a recycling facility to be known as Indian River County Recyclers. Indian River County Recyclers, LLC, Owner. Schulke, Bittle & Stoddard, LLC, Agent. Located on the east side of 74th Ave SW, Approximately½ mile south of Oslo Road and directly across 74th Avenue SW from the County's landfill complex entrance. Zoning Classification; A-1, Agricultural 1 (1 unit per 5 acres). Land Use Designation; AG-1, Agricultural (up 10 1 unit per 5 acres. (2001080027-67305/SP-MA-11-12-17 {Quasi-Judicial}

Public Hearing (SET 2)

Indian River County Recyclers: Request for special exception use approval for a construction/demolition debris facility to be operated in conjunction with the recycling center proposed under item #4, above. Indian River County Recyclers, LLC, Owner. Schulke, Bittle & Stoddard, LLC, Agent. Located on the east side of 74th Avenue SW approximately ½ mile south of Oslo Road and directly across 74th Avenue SW from the County's landfill complex entrance. Zoning Classification: A-1, Agricultural 1 (1 unit per 5 acres). Land Use Designation: AG-1, Agricultural (up to 1 unit per 5 acres). (2001080027-67135/SP-SE-11-10-14. {Quasi-Judicial}

Attorney DeBraal, announced should any Commission Member have any ex parte communication, those communications were to be disclosed at this time, as well as a statement as to whether or not it would influence their decision.

PZC/Approved 6 November 10, 2011 nh "llACI\ME"1 ct.. 4

Dr. Day stated he has driven by the site but had no contact. Mr. Emmons stated he has visited the site. Mr. Zimmerman stated he has met with Staff, visited the site, and has spoken with Commissioner Flescher. Mr. Tripson stated he was familiar with the site. Mr. Brognano stated he has driven by the site. The Commission Members all stated they had an open mind and could base their decision on the evidence provided.

Mr. McCoy related this was a request for Administrative Permit Use Approval for a Recycling Facility and a Request for Special Exception Use Approval for a Construction/Demolition Debris Facility to be known as Indian River County Recyclers. He gave a PowerPoint presentation, a copy of which is on file in the Commission Office.

Mr. McCoy reviewed his Memorandum dated October 27, 2011 included in the agenda packet which gave an explanation of conditions and improvements for a Recycling Facility as follows;

• Can accept sort, store and process recyclable material including land clearing debris.

• Cannot accept, sort, store, or process construction and demolition debris or vehicles

Mr. McCoy explained the Administrative Approval Use request would be the final action if approved by the Commission, unless it was appealed.

Mr. McCoy gave an explanation of conditions and improvements for the Request for Special Exception Use Approval for a Construction/Demolition Debris Facility as follows;

• Can accept, sort, store and process construction and demolition debris.

• Cannot accept or store vehicles. • No concrete crushing, but can accept concrete debris.

Mr. McCoy stated there was a condition in the Staff Report stipulating there was to be no concrete crushing on site. Later, if the applicant requests to be able to crush concrete on site they would go back through the Special Exception process.


ATTACHMEN12 8 5

Mr. McCoy reviewed his Memorandum dated October 27, 2011 included in the agenda packet which gave a description and conditions for a Recycling Facility as follows;

• Location of site and surrounding businesses • Aerial overlay of site • Traffic Circulation • Stormwater Management

Mr. McCoy reviewed the common items of both applications as follows;

• Solid Waste approval • Complete buffers before being operational • Limited hours of operation • Restriction of mulching and chipping on the weekends • Piles limited to 14' high • A 25' wide access to each side of each pile • No hazardous materials accepted; incidentals rejected • No material burned or buried and no tires stockpiled • Dust control with sprinklers (mulching) • Tipping within building; must meet 974 decibel noise criteria • Provide County copies of DEP reports/letters

Mr. McCoy reviewed items for the demolition site as follows;

• No concrete crushing • No vehicles shall be accepted or stored • Provide financial security for proper disposal of stock piled concrete • Buffering of 8' opaque features • Provide County copies of DEP reports/letters

Mr. McCoy stated DEP requires the applicant provide financial assurance for handling or disposing any materials left on site not tipped or sorted be able to be disposed of. He further stated once the material(s) was tipped and sorted they were considered a resource material in which case DEP would no longer require financial assurance.

Mr. McCoy stated Staff's concern was with respect to stockpiles of uncrushed concrete accumulating on site if it becomes unfeasible to dispose of the concrete. He further stated the applicant should provide financial security for proper disposal of concrete stockpiles.


6.

Mr. McCoy stated there were specific land use criteria for landscaping/buffering. He further stated the applicant proposes an 8' high opaque feature berm with a Type "B" buffer along all of the proposed operating area.

Staff recommended the Planning and Zoning Commission grant the Administrative Permit Use Approval for the Recycling Center with the conditions listed in the Memorandum dated October 27, 2011 and outlined by Mr. McCoy to include the condition that no construction or demolition debris or vehicles be accepted.

Also, Staff recommended the Planning and Zoning Commission recommend that the Board of County Commissioners grant Special Exception Use Approval for the Construction/Demolition Debris Facility with the conditions listed in the Memorandum dated November 2, 2011, and outlined by Mr. McCoy.

Mr. Brognano inquired if crushing was being performed at the County Landfill at which time Mr. McCoy stated there was no crushing.

Vice Chairman Zimmerman opened the public hearing.

Attorney Barry Segal introduced a PowerPoint presentation and was reviewed by Mr. Jodah Bittle; Shulke, Bittle & Stoddard, a copy of which is on file in the BCC office.

Mr. Bittle highlighted the following areas;

• Location of property • Classification of property • Hours of operation • Process of facility • Specific areas of use • Ingress/Egress of trucks • Access Roadways Plan • Traffic • Piles Plan (containment) • Stormwater Plan • Buffer Area Plan / Berms • Line of Sight • Financial Assurance/ Bond • Operation Manual / Safety / Hurricanes / Processing • Site Inspections


ATTACHMENT 2f£ 7

• Zoning Map

Mr. James Golden; HAS Golden Engineering; reviewed his Memorandum dated November 20, 2011 included in the agenda packet, a copy of which is on file in the BCC office, which gave a description of Water Quality Impact Evaluation.

Mr. Mark Hart; Training Consultants, Inc.; stated he has trained operators, and spotters for Florida Waste Management Facilities for eight years. He further stated he has managed Waste Management Facilities in Orange & Polk Counties for Public Services in Florida.

Mr. Hart stated his company ensures facilities operate in compliance and has never had a company he has trained receive a violation.

Mr. Hart stated one operator and one spotter must be on site at all times of operation, he further stated an operator can function as a spotter, but not vice versa. He further stated the recycling center has trained 5 individuals as operators which exceed the requirement.

Attorney Segal addressed the Administrative Permit Request with regard to the definition of recycling center;

• Special Wastes • Solid Wastes • Recycling • Recycling Plant • Recycling Materials

Attorney Segal requested the Planning & Zoning Commission grant the request for Administrative Permit Use Approval for a Recycling Facility be approved with the following amended conditions;

• Accept construction demolition debris. • Littoral zone be limited to 10%

Attorney Bruce Barkett requested the Planning & grant the request for Special Exception Use Construction/Demolition Debris Facility.

Zoning Commission Approval for a

A conversation ensued regarding the definition of recycling and requirements for littoral zones.


~~-- .. ······· .. 22s

Mr. Nick Liguori, President of The South County Preservation Society stated Attorney BJ McClure was to speak on their behalf.

Attorney McClure stated this project was a nuisance because it creates dust, noise, odor, traffic and airborne particulates that were easily moved by air currents. He further stated it was interfering with the peaceful existence of residential developments.

Mrs. Dru Bowerman, RN, a local resident read from a prepared statement, a copy of which is on file in the BCC office. Mrs. Bowerman stated she was apprehensive about the Recycling Company refusing to put in writing they would not shred or crush concrete. She further stated concerns regarding health issues.

Mrs. Bowerman stated she was concerned about noise, odors, air pollution, and water and soil pollution. She further stated she was concerned about hazardous materials such as asbestos, mastics, adhesives, and paints.

Vice Chairman Zimmerman read from the report submitted by the applicant that stated the activity proposed by the applicant was currently conducted at the IRC Landfill. The applicant will not be accepting any material that the IRC Landfill is not otherwise permitted to collect or that was not actively collecting at this time.

Vice Chairman Zimmerman inquired if the proposed use is identical to the County's current use.

Erik Olson, Director of Utilities, stated there was virtually no difference. He further stated the County was currently, and for past several years, accepting construction and demolition debris (C & D) debris.

Mr. Olson stated the County was required and was currently separating and demonstrating a meaningful level of C & D recycling. He further stated that virtually all C & D materials being processed, treated, or disposed of within the County goes to IRC Landfill.

Mr. Olson stated the Landfill was separating debris which could be recycled and resold and that which cannot be recycled was buried. He further stated the County Landfill does not crush concrete, nor were there plans to crush concrete.


229

A conversation ensued regarding new State mandated recycling of C & D materials required statewide.

Mr. Tripson inquired about stormwater management at which time Mr. Olson replied the applicant would tip and sort the material while reject material would be stored in covered containers and transported to the Landfill. The tipping building would have a floor drain and holding tank so the resulting run off was contained within the holding tank. When the holding tank was pumped the wastewater was taken to an appropriate facility, most likely the IRC Landfill.

Ms. Gwenn Garner, a resident, stated she was opposed to the project. She further stated her concerns as follows; traffic, chest problems, red eyes, atmosphere pollution; and stockpiles of debris. She further requested the Commissioners deny the requests.

Attorney DeBraal informed the Committee at 10:52 p.m. that according to policy an affirmative vote was needed if the meeting was to continue after 11 :00 p.m.

The Committee voted unanimously (5-0) to continue the meeting.

A brief discussion ensued regarding the ingress and egress of trucks from the tipping building.

ON MOTION BY Mr. Tripson, SECONDED BY Mr. Brognano, the members voted unanimously (5-0) to grant the Request for Administrative Permit Use Approval as recommended by Staff.

Vice Chairman Zimmerman stated to the applicant he was troubled by the idea there was a possibility of concrete crushing in the future and the nuisances it would create. He further stated he would feel better as a citizen if the applicant would consider some type of assurance. Mr. Zimmerman stated he was moved with the citizens concerns.

Mr. Emmons and Mr. Tripson concurred with Vice Chairman Zimmerman.

There being no further discussion Vice Chairman Zimmerman closed the public hearing.


r.w

ON MOTION BY Mr. Brognano, SECONDED BY Mr. Emmons, the members voted unanimously (5-0) to grant the Request for Special Exception Use Approval for Construction/Demolition Debris Facility to be known as Indian River County Recyclers as recommended by Staff.

Vice Chairman Zimmerman strongly recommended the Board of County Commissioners place constraints with regard to concrete crushing.

COMMISSIONERS MATTERS

There was none.

PLANNING MATTERS

There will be a December 8, 2011 meeting.

ATTORNEY'S MATTERS

There was none.

Adjournment

There being no further business, the meeting adjourned at 11 :06 p.m.

Vice Chairman, Sam Zimmerman Date

Laura E. Vasquez, Recording Secretary Date


31

INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION

/<J61_

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: Asley Leyva, Asset Manager, Kondaur Capital Corporation

ADDRESS: 1100 SW St. Lucie West Blvd Suite 202, Port St. Lucie, Fl 34986 PHONE: 772-336-1222 Ext. 222

SUBJECT MATTER FOR DISCUSSION: Reduction of lien

IS A PRESENTATION PLANNED?

IS BACK-UP BEING PROVIDED

IS THIS AN APPEAL OF A DECISION

DYES

DYES

DYES

~NO

~NO

~NO

WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Reduce lien to 5% of the value of the contract on the property

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

X Fax Mail Hand Delivered Phone

MEETING DATE:

~NO

Document2 Board Approved l 1n/06

232

To: Pag~ 1 of 1 2011-12-1410:51:57 ~ST 17144644682 From: Asley Leyva

··.KONDAU. R . .

CAPITAL CORPORATION

Soaring to Better Solutions

Wednesday, December 14, 2011 Attn:

Sandra Wright

Ref: Case number: 01-651-DP

Property address: 2431 42"' Pl Vero Beach, Fl 32967. Loan No. 138739

Per our conversation I am sending you formal notice that we will like to appear in front of the Board of Commissioners next Tuesday 12/20/2011 so we can re.quest a reduction of t11e current payoff of $3456.47 on aforementioned case. The lien attaches to a property that is being sold on a pre-foreclosure short sale and us, the lender, have to clear title on behalfof the Borrower. We are seeking for a reduction to 5% of the value of the property.(we have a contract to close on the 20th for $12,000).

Please confirm we are schedule for the hearing.

Sincerely,

Asley Leyva Asset Manager Kondaur Capital Corporation 1100 SW St. Lucie West Blvd Suite 202 Port St. Lucie, Fl 34986 Direct: 772-3361222 ext 222 Cell: 561-635-0859 Fax: 714-464-4682 [email protected] www.kondaur.com

___ ,.,,_...,,.,.....,.,..._,,.. __________ ,_r.--11~.it~-

Thls communication is from (l debt co!ler::tor but doe!; :1ot imply th.st Kondaur Capinl Corporatlcr: is ~ttempt:nf.: to collect money from anyone whose debt has breri discha1·ged pursu.:,ir,i to (or who is u,1Je; the prme.:tkm af) the tJankrup-i:cy !3ws of the United States; in such i'1stances, it is intended solelv for lrr'ormational purposes 2Pa doe:; net constitute a demand for payrr,ent.

233


TO: Honorable Board of County Connnissioners

THROUGH: Joseph A. Baird, County Administrator ,..

THROUGH: John King, Director "t.\~ Department of Emer~cy\ Services

FROM: Paula Caution, 911 Database Coordinator V-C~/ ~ Department of Emergency Services


DEPARTMENT

SUBJECT: Approval to Purchase E911 Call-Taking Equipment from IRC Bid No. 2011052

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

DESCRIPTION OF CONDITIONS:

On October 19, 2011, the Board of County Commissioners approved staffs reconnnendation to execute the Interact Public Safety Systems Master Purchase and License Agreement to replace the E911 Call-Taking equipment at the Indian River County Sheriff's Office, pursuant to IRC Bid Number 2011052. The Board will recall staff reminded the Connnission the existing E911 Call-Taking equipment is seven years old and at end-of-life. More over, many of the parts are no longer manufactured and replacement items are often salvaged from used equipment. Insofar as the Sheriffs Office is the frrst of the four Public Safety Answering Points (PSAP) approved to begin the phased equipment upgrades this fiscal year, staff is now seeking Board approval to make similar upgrades to tluee remaining PSAP locations.

With the Board's authorization, staff submitted applications to the E911 State Grant Program and was subsequently awarded funding to assist in the removal and replacement the E911 CallTaking equipment located within the Vero Beach and Sebastian Police Departments. Staff is now requesting the Board authorize tag-on purchases to Indian River County Bid Number 2011052 to provide identical E911 Call-Taking equipment at the tluee (3) remaining PSAPs: the County EOC is the fourth location in this discussion. Having the same kind of E911 Cal!0Taking equipment at all locations minimizes user training and eliminates confusion and potential delays within the countywide 911 system. Additional benefits include savings on maintenance contracts and a reduction in inventories of in-house spare parts.

234

FUNDING:

Funding for the removal and replacement of the old E91 l Call-Taking equipment in all four ( 4) of the county's PSAPs will be funded from the FY-2011/2012 Wireless 911 and FY-2011/2012 Communications Center accounts.

PSAP Amount Account Number Vero Beach Police Department $306,404.00 12013225-066510-1!005 Sebastian Police Department $306,404.00 Indian River County EOC $451,777.00 Total: $1,064,585

As previously noted, E911 State Grant Program Funds were awarded to Indian River County for replacement equipment within the Vero Beach Police Department and Sebastian Police Department in the amount of $607,709.90. The remaining expenditures of $456,875.10 will be funded from budgeted and available Wireless 911 and Communication Center funds.

RECOMMENDATION:

Staff recommends the Board authorize staff to utilize Bid #2011052 Interact Public Safety Systems Master Purchase and License Agreement for tag-on purchases related to the E91 l CallTaking equipment needed for Vero Beach Police Department, Sebastian Police Department and Indian River County EOC PSAPs.

ATTACHMENTS:

1. Proposal Summary for Vero Beach Police Department 2. Proposal Summary for Sebastian Police Department 3. Proposal Summary for Emergency Operations Center

APPROVED FOR AGENDA

Joseph A. Baird County Administrator

Indian River Co.

/l.lrriin Legal

Budget

Dept.

Risk Mgr,

General Svcs,

235

~lllnterAct™ ~ PUBLIC S·AFETV

Date: Sales Person: Title: Phone:

Ind40777J 11/23/2011

InterActNG911

Quotation Parameters

COLOSSUS, INCORPORATED, d/h/a InterAct Public Safety Systems

Print Name Date

Title

---------------------------------------------------

Customer

PrintName Date

Title Sign a tu re

InterAct Public Safety Systems 102 West Third Street, Suite 750

Winston-Salem, North Carolina 27101 (800) 768-3911

11/23/11 Jesse Varnell

Regional VP of Sales

5/21/2012 ;. ·.&"<t1~1:, ·'¥'d&~,f::i' ,.

P,, lc:2

$111,897-00

Vero Beach Police De artment

236

~111nte!Act= ~PUBLIC SAFETY


COLOSSUS, INCORPORATED, d/b/a InterAct Public Safety Systems Customer

_________________ Print Name Print Name Date Date -----------------Title Ti tie -----------------

InterAct Public Safety Systems 102 West Third Street, Suite 750

Winston-Salem, North Carolina 2710 I (800) 768-391 I

Sebastian Police D artmeut

237

fl11nterAct· ~PUBLIC SAFETY

COLOSSUS, INCORPORATED, d/b/a InterAct Public Safety Systems


Customer Print Name Print Name

Date ----------------_________________ Date

Title _________________ Title

InterAct Public Safety Systems 102 West Third Stree~ Suite 750

Winston-Salem, North Carolina 2710 I (800) 768-3911

238

Date:

To:

Thru:

From:

Subject:

General Services

INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM

Assistant County Administrator / Department of General Services

December 14, 2011



Michael C. Zito, Assistant County Administrato~

Request for Authorization to Issue An Invitation To Bid The Indian River County Public Shooting Range Expansion Project

DESCRIPTION AND CONDITIONS: Indian River County operates a complete public shooting range under a concession lease with the Florida Wildlife Conservation Commission. The range is structured to provide a safe, supervised facility for the patrons of Indian River County. The facility is recreational in nature but also serves as a venue for competitive shooting events. The facility consists of a 5-stand (shotgun) range, a pistol range consisting of 35 firing stations, a rifle range with 29 stations including two 200-yard target firing stations, an air gun range, a 65-yard archery range, as well as walk-through sporting clays and a walk-through archery course. The facility is fully manned to ensure maximun1 shooting safety. In addition to the recreational aspects of the range, it is also a hunter's education training facility with courses taught by the Florida Wildlife Conservation Commission and the Shooting Range staff. Since opening the Range in April of 2001, the user population has grown to over 70,000 registered shooters with a current average of over 6,000 new shooters registering annually. County Staff is now proposing the expansion of the Shooting Range facilities in accordance with the Master Plan to accommodate the increased utilization and demand generated by growth in the Cotmty since 2005.

ALTERNATIVES AND ANALYSIS The proposed expansion of the Indian River County Public Shooting Range includes the construction of a Sporting Clays Shotgun Course with 15 different shooting stations and a 12' wide cart path along the course for access. The improvements also include the construction of three new combination skeet and trap ranges with a new parking area at the west end of the shot gun range parking area. The location of the improvements is depicted in the attached preliminary design sketch. The Engineering Division of the Public Works Department will design the project in house with the construction phase of the project to be awarded to the lowest most responsive bidder. Staff seeks permission to advertise the project through an invitation to bid. The estimated cost of the project is projected at $490,000 with an additional $250,000 reserved for lighting which would enable the Range to expand its hours of operation. It is anticipated that the additional operating costs will be funded by increased revenues.

FUNDING: Funding is available from Parks and Recreation Impact Fees. Currently, the Capital Improvements Program (CIP) contains funding of$100,000 programmed in the current fiscal year, with additional funds planned for fiscal year 2012/13. In an effort to advance this project in a timely manner, staff is recommending that additional impact fees are allocated for these improvements during the current fiscal year in the amount of $640,000.

239

Account Information Additional Impact Fee Fund/Parks & Recreation Acct:# 10321072-066510-12001 Impact Fees/ Sporting Clavs Course

RECOMMENDATION:

Staff recommends that the Board (1) find that the expansion of the Shooting Range is necessary to accommodate growth in the county, and that such growth will benefit from the expansion, and (2) authorize the issuance of an Invitation To Bid to construct the Shooting Range Expansion Project.

ATTACHMENTS: Preliminary Design Aerial Sketch

oseph . Baird County Administrator

For: ,~~q~ cltJ//

240

•

0

g

' -~

" 241

J:J-H1

TO:

THROUGH:

FROM:

DATE:

SUBJECT:

DEPARTMENTAL MATTERS

Indian River County Inter-Office Nlemorandum

Office of Management and Budget


Jason E. Brown Director, Office of Management & Budget

Michael C. Zito irk,,,-Assistant County Administrato7'

December 14, 2011

Purchase of Park Land Located Near 26th Street and 82nd Avenue


Objective 2 of the Recreation and Open Space Element of the County Comprehensive Plan states, "By 2020, the county will have 461 acres of parkland south of S.R. 60."

Further, Policy 2.3 of the Recreation and Open Space Element states, "The county shall give parkland acquisition priority to the area south of SR 60, west of 43rd Avenue."

County staff has negotiated the potential purchase of a 542.84 acre parcel known as the Wealdon Tract located along the west side of 82nd Avenue and on the north side of 26

th Street in

the unincorporated area of the county. Please see the attached offer letter, whereas the county would pay $2.5 million for this parcel (or $4,605 per acre). While this parcel is located north of State Road 60, it is only one-half mile north of the area identified under Policy 2.3. Therefore, it would match the intention of the Recreation and Open Space Element of the Comprehensive Plan to obtain park area in the southern portion of the county.

This site would provide a good location for a regional park to be developed in the future to serve a well populated area of the county. In accordance with the Comprehensive Plan, this purchase would provide services to accommodate growth in the south county area. Further, such growth will benefit from this facility.

FUNDING

Funding for this purchase in the amount of $2.5 million is budgeted and available in Parks and Recreation Impact Fee Fund - account number 10321072-066110.

242

Board of County Commissioners December 14, 2011 Page 2 of 2

RECOMMENDATION

Staff recommends that the Board (1) find that this additional parkland is necessary to accommodate growth in the south county area, and that such growth will benefit from the expansion and (2) authorize the County Attorney to prepare a purchase and sale contract consistent with the terms of the offer, and authorize the Chairman to sign the contract upon completion.

ATTACHMENT

Offer Letter dated December 15, 2011

FOR: December 20, 2011

Indian River Count

Risk Mana ement

243

December 15, 2011

Mr. Rick Baker Baker Realty 9015 Americana Road #9 Vero Beach, FL 32966

RE: Wealdon Tract 542 -/+ Acres

Dear Rick:

As we discussed, Indian River County may be interested in purchasing the Wealdon Tract. As a frame work for the agreement, below please find the terms of the purchase:

1. The County would offer to purchase the 542 +/- acre Wealdon Tract for the sum of $2,500,000.00. This offer is contingent on upon approval of the Board of County Commissioners.

2. The offer is contingent upon a Phase I Environmental Assessment of the property resulting in no significant findings.

3. In the event this is a "short sale" the offer is contingent upon acceptance by the financial institution as full and final compensation for any mortgages encumbering the property.

If these terms are acceptable to your clients, kindly contact me so I may ask our legal staff to begin drafting the necessary documents. Awaiting your response I remain

Sincerely yours,

I, J~:;:if !~✓ ,' County Administrator

244

qjia?if Attorney's Matters-RC.C.12.20.11j

INDIAN RIVER COUNTY ATTORNEY

Alan S. Polackwich, Sr., County Attorney William K. DeBraal, Deputy County Attorney Brooke W. Odom, Assistant County Attorney

TO:

FROM:

DATE:

SUBJECT:

BACKGROUND.

MEMORANDUM


Alan S. Polackwich, Sr., County Atto{i;; [

December 7, 2011

Fund 101 Refund Issues

On September 13, 2011, the Board of County Commissioners addressed several issues relating to traffic impact fees held in Fund 101.

The Board will recall that the County started. collecting traffic impact fees in 1986, and from 1986 to 1999, the funds were deposited into Fund 101, which consisted of nine then existing traffic impact fee district accounts. In 1999, the Board adopted Ordinance 99-14 which eliminated the original nine districts and replaced them with three new districts. As part of the transition from nine to three districts, Ordinance 99-14 provided that funds collected in the original nine districts must be spent in the original district in which the funds were collected. Funds collected in all of the original districts have been fully spent, except those collected in original District 2, which consists of the barrier island from Beachland Boulevard south to the south county line. Funds remaining in the original District 2 account as of October 31, 2011 are $1,123,432 consisting of$132,15.9 of unspent fees and $991,273 of unspent interest earned on the account balance since 1986 (note: these amounts are based on the County's method of accounting for impact fees and interest, which is discussed further below).

Indian River Co. Approved Date

APPROVED FOR DECEMBER 20, 2011. Admin. I.! ' 12.Js//1 B.C.C. MEETING-ATTORNEY'S MATTERS Co. Atty. .;r, i.-7.r,

Budget ' 17 7 II Conun. Developmt. " ' ,.., ,,, Public Works r .......... tX-7- If

245

Board of County Commissioners December 7, 2011 Page Two

At the September 13 meeting, the Board adopted a three-part motion: (I) staff should bring back information enabling the Board to determine if there is a project on which the funds in Fund 101 are eligible to be spent, and on which the funds can legally be spent, (2) based on the information, the Board should then make a decision whether to spend the funds on the project or refund the funds, and (3) the County Attorney should seek an advisory opinion from the Florida Attorney General on whether the County can legally refund the funds, based on concerns arising from AG Opinion 20 I 0-46, dealing with a refund issue involving the City of Wildwood.

Other issues discussed were whether the City of Vero Beach wants to proceed with the A-I-A/17th Street intersection project; what type of refund process should be used, if the Board decides to refund the funds; and, whether staffs current practice of accounting for interest earned on impact fees should be reconsidered.

The County Attorney's agenda memo for the September 13, 2011 meeting, which details much of the history of the original District 2 funds held in Fund 101, is attached as Exhibit D.

DISCUSSION AND ANALYSIS.

A. ,The A-I-A/17th Street Intersection Project ("A-1-A Project")

There is a project on which the funds in Fund 101 are eligible to be spent - namely, the proposed A-1-A Project, which is located entirely within original District 2. This project consists of (1) widening A-1-A south of the intersection to add a fourth lane, so there would be two left tum lanes, one through lane and one right tum lane. This widening would begin approximately 900 feet south of the intersection, and (2) widening A-1-A north of the intersection so the through lane would be shifted to the east, to line up with the realigned south through lane. This widening would begin approximately 400 feet north of the intersection. The A-1-A Project would be administered by the City of Vero Beach because the intersection lies within the municipal boundaries of the city.

The A-1-A Project resulted from an A-1-A corridor study performed in 1996 by Carr Smith Associates for the Florida DOT, St. Lucie County MPO and Indian River County MPO. The study concluded that, based on growth and traffic forecasts, the number of trips through the intersection would exceed acceptable levels of service by 2014. The study was approved by the Indian River County MPO, and the A-1-A Project has been listed in the Five Year Capital Improvements Plan every year since 1998. The estimated cost of the project is between $700,000 and $1 million, and the budget for the project, as set forth in the latest Capital Improvement Plan, is $1,148,000. It has always been anticipated that the A-1-A Project would be funded with original District 2 impact fees held in Fund IO 1.

F:\AtromeylLinda\GENERALIB C CIAgenda Memo,\lmpacl Fees 04.doc

246

Board of County Commissioners December 7, 2011 Page Three

The Indian River County MPO Staff Director and Public Works Director have indicated to the County Attorney their opinion that the project is necessary. The Public Works Director notes that from 2007 through 2010, the link of A-1-A containing the intersection failed concurrency and was operating at traffic volumes up to 116% of Level of Service ("LOS") D. Because of this, the City of Vero Beach increased the LOS for this link of A-1-A to D plus 30% (which is in excess of LOSE, which is considered a failing level of service). Traffic levels reduced in 2011, such that current volumes are at 96% of LOS D and 74% of LOS D plus 30%.

Focusing on the intersection itself, currently seven of the twelve movements approaching the intersection, operate at LOS E. This results in numerous "cycle failures" - that is, motorists waiting more than one cycle of traffic siguals to get through the intersection. The traffic siguals themselves contribute to the problem in that each of the siguals for the four directions approaching the intersection operates individually; none operate concurrently. Thus only one direction of traffic can move at a time. This problem cannot be cured without widening the intersection.

On October 18, 2011, the City of Vero Beach City Council requested that the County proceed with the Al-A Project. In fact, the City Council asked that priority be given to southbound movement into the intersection, including the addition of a right hand turn lane. However, the City Council also asked that the County establish a 90 day process to refund the funds held in Fund 101, granting a refund to anyone legally entitled and requesting a refund during the 90 day period. This request raises the question of how the A-1-A Project will be funded, if the funds in Fund 101 are refunded.

A copy of the City Manager's letter conveying the City Council's position is attached as Exhibit A.

A copy of the County's Public Works Director's memo outlining the importance of the project is attached as Exhibit B.

B. Legality of Funding the A-1-A Project with Funds Held in Fund 101

This issue was covered fully in the County Attorney's agenda memo for the September 13, 2011 meeting. The bottom line is that (I) the actions of the County to date have been accordance with the existing provisions of the IRC Code, (2) the IRC Code is similar to that in many, if not most, other Florida counties which impose impact fees, and obviously the attorneys and consultants who drafted those code provisions believe that they are constitutional, (3) nevertheless, some are arguing that the refund waiver provision is being applied unconstitutionally, due to the lack of notice to residents who may be eligible for refunds, and due to the amount of time which has passed between collection of the fees and spending of the fees, ( 4) there are no statutes or cases which answer this argument, either way, and ( 4) therefore, if the Board decides not to refund the funds, it should be aware that there is at least some chance that the decision could be subject to court challenge and reversal. As stated in the September 13, 2011 agenda memo, the County Attorney is prepared to defend a Board decision not to refund, but cannot guarantee the result.

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Board a/County Commissioners December 7, 2011 Page Four

The County Attorney does note that he is no longer concerned with the impact of AG Opinion 2010-46 on the County's ability to refund the funds in Fund 101, if that is the decision of the Board. The County Attorney has concluded that Fund 101 issues are significantly different from the issues presented in AG Opinion 2010-46, and therefore a request for an additional Attorney General opinion is not necessary.

C. Alternative Funding Sources

If the Board decides to refund the funds in Fund 101, that raises the question of whether there are alternative sources of funding for the A-1-A Project.

In general, there are three sources of funding for County road improvement projects: (1) traffic impact fees, (2) the gas tax, which is currently at 6 cents per gallon, and (3) the one cent sales tax, 30% of which has historically been used to fund road improvement projects. To fund road improvement projects currently in the Five Year Capital Improvements Plan, all of these funds - and more - are needed.

Specifically, to fund other road improvement projects currently in the Plan (1) 100% of the remaining traffic impact fees in new Districts 2 and 3 (the boundary between these two districts splits the A-I-A/17th

Street intersection) are needed, (2) 100% of the revenues from the 6 cent gas tax are needed. In fact, full funding of other projects currently in the Plan requires that in year four of the five year Plan, the 6 cent gas tax be raised to 12 cents, and it is doubtful that this will ever happen, and (3) 70% of the revenues from the one cent sales tax will be needed - more than doubling the 30% of revenues which have historically been used for road improvement projects.

In short, if the Board refunds the funds in Fund 101, there are no other County funds available for the A-IA Project, unless other projects are reduced or eliminated.

As stated above, the A-1-A Project is located in the City of Vero Beach. Whether there are City funds available to fund the project - such as the City's share of the gas tax or the one cent sales tax - is unknown to the County Attorney.

D. The Refund Process

If the Board decides to refund the funds in Fund 101, there are several questions which must be answered.

First, to whom will the refund be made? From 1986 to 2005, the IRC Code provided that six year refunds be made to the fee payer or its successor. In 2005, the Code was amended to its current language that six year refunds be made to the current property owner. In light of the unique situation involving Fund 101, the County Attorney recommends that any refund be made to the current property owner, rather than the

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Board of County Commissioners December 7, 201] Page Five

fee payer or its successor. A refund to the current property owner is consistent with the current language of the Code; it would be virtually impossible to verify "successor" status on hundreds of purchase and sale transactions dating back to the early 1990s; and, the cost of impact fees is generally included in the price of a house or other property, so ultimately the owner has paid the fees anyway. 1

Second, how much should be refunded? As stated, there is $1,123,432 in Fund 101, consisting of $132,159 of unspent fees and $991,273 of unspent interest. It should be noted that this allocation of fees and interest is based on the County's historic accounting practice of spending all impact fees first, before any interest earned on the fees is spent. This practice has recently been validated in letters from the County's outside auditor (Harris, Cotherman, Jones, Price & Associates) and an outside law firm representing the County on other matters (Nabors, Giblin & Nickerson) which are attached as Composite ExhibitC.

One possibility is to refund only the unspent fees ($132,159) and retain and use the unspent interest for the A-1-A Project. That way, fees that were not spent within six years would be refunded, but fees that were spent would not be refunded. This approach is consistent with the opinions of the outside auditor and the outside Jaw firm, which validated the accounting practice of spending all fees first, before any interest is spent.

Another possibility is to refund the entire amount in Fund 101 ($1,123,432). The law requires that interest earned on impact fees be used only for the same purposes as the fees themselves. Using the interest to pay for the A-1-A Project satisfies this requirement. However, it could also be argued that if sound reasoning supports a refund of unspent fees, the same reasoning supports a refund of interest as well. Both fees and interest have been held in Fund 101 in excess of six years.

If the Board decides to refund the funds in Fund 101, the issue of whether to refund only unspent fees or to refund the entire amount, is a policy decision which the Board must make. The County Attorney makes no recommendation on this issue

Finally, interest will have to be paid on any refunded fees. From 1986 through 1999, the IRC Code required that interest be paid on refunds at the rate of 6% per annum. In 1999, the rate was changed to the rate earned by the County on its pooled investment from the State Board of Administration Local Government Trust Fund. Then, in 2005, the rate was changed to the rate earned by the County on the impact fee funds. The County Attorney recommends that interest be based on the current language - the rate earned by the County on the funds. This appears to be a fair rate, and the County will neither make nor lose money if this rate is used.

Third, how will the refunds be calculated? If the Board decides to refund only unspent impact fees ($132,159) it is a simple matter to determine the amount of the fee paid, calculate the interest, and pay the amount out ofFund 101.

It should be noted that Asset Research and Recovery has submitted numerous authorizations to receive refunds on behalf of property owners. To the extent that the forms are properly signed by the current owners, it is the County Attorney's intention to honor the authorization forms, if the Board decides to refund.

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Board a/County Commissioners December 7, 2011 Page Six

If the Board decides to refund the entire amount in Fund 101 ($1,123,432), the County Attorney suggests that the following calculation can be used: the last fee paid in 1999 is determined, interest is calculated on the fee amount from the date of payment in 1999 to the projected refund date in 2012, the fee and interest is deducted from the balance in Fund 101, and the process is repeated with the next to the last fee paid, the second to the last fee paid, etc., moving backwards in time, until the entire amount in Fund 101 is exhausted. Based on initial calculations, this would extend the refund process all the way back to fees paid in the early 1990s.

Fourth, how will the refund process work? There are two options: the Board can require an application process, in which refunds would only be made to those who apply, or the Board can direct staff to implement the refund process without applications - that is, staff would identify the properties eligible for a refund, identify the current property owner, and initiate the refund upon receipt of a completed and signed IRS Form 1099. Either process will be very labor intensive. In either case, staff will have to verify property eligibility and property ownership, obtain Form 1099s, and generally administer the process.

If the Board decides to make a refund, the County Attorney recommends that the Board direct staff to implement a refund process, rather than require the filing of applications. Requiring applications from residents who may be elderly, ill, out of town, etc., will result in some residents who are eligible for a refund not receiving it. Also, a staff implemented process is more consistent with the process recently adopted by the Board for six year refunds going forward - which is a staff implemented process.

Fifth, will a fee be charged? As noted, the refund process will be very labor intensive. Accordingly, the County Attorney recommends that a fee of $75 be charged, to be deducted out of the refund amount. Previously, the Board has imposed a $75 fee on refunds based on non-commencement, etc., and, in the future, on refunds based on the failure to spend within six years, both to be deducted from the refund itself. It would seem reasonable to impose the same fee on refunds from Fund 101, given the intensity of labor that will be required.

Lastly, the Board is reminded that any refund of the funds in Fund 101 will require an amendment to the existing !RC Code, which does not provide for such refunds.

CONCLUSION ON REFUND ISSUES.

The Board needs to make a decision on whether to refund the funds in Fund 101. As stated, there is clearly a project - the A-1-A Project - which is eligible for funding out of Fund 101; however, the Board must realize that there is at least some question whether it is legal to use the funds for this purpose. If the funds are refunded, there is no other County funding available for the A-1-A Project, unless the Board reduces or eliminates other projects. Finally, a workable refund process is probably doable, but it will be very labor intensive at the County stafflevel.

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Board of County Commissioners December 7, 201 I Page Seven

LOOKING FORWARD OTHER RELATED ISSUES.

A. Related Issue - Interest Accounting

As stated, the County's historic accounting practice with respect to the spending of impact fees and interest earned on impact fees has been to spend all impact fees first, and then to spend interest earned on the fees. County staff has considered this practice prudent, in light of the requirement that any refunds include interest earned by the County on the funds. If interest is spent as it is earned, and then a refund is required, the County may have to "invade" other fees to pay interest on the refund. The problem could become significant in the event of a large scale refund - for example, a refund of a large amount of fees based on the failure to spend within six years.

In reviewing this practice, the County Attorney sought outside advice from the County's auditor, Harris, Cotherman, Jones, Price & Associates, and a respected outside law firm working for the County on another issue, Nabors, Giblin & Nickerson. Both advised the County Attorney that there is no single method of accounting that is required, and that the method used by the County is an acceptable method which by the County may use in its discretion. As noted, letters from the auditor and the outside law firm are attached as Composite Exhibit C.

Beyond the statement that the County's method of accounting for fees and interest appears to be legal, the County Attorney is not otherwise qualified to comment on the accounting issue. If the Board wants to explore the issue further, the County Attorney suggests that further dialogue take place with the Director of the Office of Management and Budget, and possibly the outside auditor.

B. Related Issue General Process for Six Year Refunds in the Future

At the September 13, 2011 meeting, the Board also asked the County Attorney to work with staff to develop a process going forward for refunding impact fees which are not spent within six years of collection. To update the Board, the County Attorney has worked with staff and developed a proposed refund process. The proposal has been circulated to approximately 25 local individuals or groups which may have an interest in the issue, and a meeting to discuss the proposal is scheduled on December 16, 2011. Once the proposal is fully vetted among staff and interested individuals and groups, it will be brought to the Board for conceptual approval.

RECOMMENDATION.

The County Attorney recommends that the Board consider the above and (1) make a decision on whether to refund the funds in Fund 101, and (2) if the decision is to refund the funds, provide direction on the

· desired refund process, so the County Attorney can prepare a Code amendment authorizing the refund. The County Attorney also recommends that the Board consider the interest accounting issue set forth above and decide whether it wants to explore changes going forward.

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Board of County Commissioners December 7, 2011 Page Eight

ATTACHMENTS.

1. Letter from the City of Vero Beach City Manager, dated November 1, 2011 2. Memo from the County Public Works Director, dated December 7, 2011 3. Letter from Harris, Cotherman, Jones, Price & Associates, dated October 3, 2011 4. Letter from Nabors, Giblin & Nickerson, dated October 7, 201 1 5. Agenda Memo for September 13, 2011 Meeting

ASP.LAC

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City of Vero Beach

OFF1CEOFTHE CITY MANAGER

1053 20th Place - P.O. Box 1389 Vero Beach, FL 32961-1389

Phone: (772) 978-4710-Fax: (772) 978-4716 E-mail: [email protected] -www.covb.org

November 1, 2011

Mr. Joseph A. Baird, County Administrator Indian River County · 1801 27th Street Vero Beach, FL 32960

Dear Mr. Baird:

NOVO 2 2011

The City of Vero Beach requests that the County proceed with the intersection improvements at the intersection of A1A and 17th Street as discussed. We also request that priority be given to the southbound movement with the extension of the right tum lane. Prior to starting the project, the City requests that a 90-day period be given to any City resident to request a refund of their impact fees, and, if they are legally entitled to a refund, that refund be granted.

Thank you for your consideration.

Sincerely,

~A!~ City Manager

JROC:jav

xc: /Alan Polackwich, County Attorney Mayor and City Council

C:IMY DOCUMENTSUNDIAN RIVER COUNTY\BAIRD - A 1A-1TTH STREET PROJECT -11.01 .11.DOCX

EXHIBIT "A"

253

To:

From:

Date:

Subject:

MEMO INDIAN RIVER COUNTY

PUBLIC WORKS DEPARTMENT

. ·-·--· .... --··-- ----------~-·-· ·-·--···- - ...

Alan Polackwich County Attorney

Christopher R. Mora, P.E. Public Works Director

December 7, 2011

17th Street/ causeway Boulevard and S.R. AlA, Vero Beach

The County Traffic Engineering Division has compiled the following information regarding the operational status ofthe 1th Street/ A-1-A intersection.

Utilizing traffic count data collected in 2011, the segment of A-1-A containing the 17th

Street intersection was calculated to be operating at level-of-service "D" (LOS D); just shy of level-ofservice "E", or at 96% of capacity. In other words, the intersection is very close to failure from an operational standpoint.

Applying traffic counts collected in 2007, 2008, 2009 and 2010, A-1-A failed all four years and • once reached a traffic volume of 116% of capacity.

In an attempt to prevent A-1-A from failing in the future, the City of Vero Beach adopted an artificially high level-of-service capacity of "D + 30%" for A-1-A. Applying "D + 30%" to the current {2011) traffic volumes, A-1-A traffic drops from 96% to 74% of capacity.

Another measure of capacity is the intersection itself. The County requires that intersections operate at LOS Dor better during peak traffic hours. The 1th Street/ A-1-A intersection does not currently meet this requirement. Of the 12 traffic movements approaching the intersection; that is, northbound left turn + northbound thru + northbound right turn + westbound left turn + and so on, 7 of the 12 movements operate in failure mode at LOS E. The intersection itself is choking on traffic -- this is evident due to the numerous "cycle failures" experienced by motorists during peak hours. "Cycle failure" is a traffic engineering term which means that it takes more than one green light to pass through an intersection.

EXHIBIT "B" 254

Dec. 7, 2011 17th Street & A-1-A Page 2

The traffic signal operation is another issue. The current traffic signal phasing pattern is what engineers call "split-phased, fully-directional"; in other words, each of the four approaches to th·eintersection· (northbound, westbound; etc;)··has-its··own·in-dividual··green··light;-Notraffic movements can be operated concurrently because of the lane configuration and the shortage of individual left turn lanes. Split phasing / fully directional is the most inefficient signal phasing.

The only cure for the operational problems at 17th Street and A-1-A is to widen the intersection.

For the past twenty years, the County has maintained and operated the traffic signal at 17th

Street and A-1-A under an interlocal agreement with the City of Vero Beach. During that time period, the County Traffic Engineering office has received hundreds of complaints regarding excessive congestion, delay, poor signal operation and safety problems associated with the intersection.

Traffic Engineering Division and Public Works staff feels that the proposed intersection project will reduce congestion and delay, improve traffic safety, and provide a much-improved travel experience and level-ofsservice for motorists on both 17th Street and A-1-A. In addition, during times of hurricane evacuation, the improved intersection operation will dramatically reduce evacuation times for barrier island residents.

255

•

Harris, Cotherman, Jones, Price & Associates Certified Public Accountants~ Chartered .

5070 North Highway AlA, Suite 250 Vero Beach, FL 32963 -Tel 772-234-8484 Fax 772-234-8488

OCT O 4 20.11

ORIGINAL VI:A-U,S,0MAI:k0=0-0-=-=.c_,cc,_ - ----- ---- -------- ------ -------=== --------COPY VIA ELECTRONIC MAIL TO: [email protected]

October 3, 2011 _

Alan S. Polackwich, Sr., Esquire County Attorney, Indian River County 1801 27th Street Vero Beach, FL 32960

Re: Former TIF District 2 - Fund 101

Dear Alan:

You have asked me to provide a professional opinion as to the County's accounting treatment of -the ihterestea:rried on impact fees. The County has received and accounted for impact fees over a number of years, using the first-in, first~out method. In effect, the County has spent the fees collected in the order they were received. Additionally, the County has earned interest on the various balances over the years and has kept that money in the same fund but accounted for it separately. To date, the County has spent all but approximately $140,000 of the impact fees collected from this fund and has accumulated a significant amount of interest earned on the balances that were in the trust fund.

There are no specific accounting principles that pertain to impact fees, and therefore, consistency and matching would prevail. Since the fees as collected were used for the intended projects in the order of receipt, the County did properly treat those fees going in and coming out on a first-

- in; first-out basis, -Thus, -unless there .exist any County regulations _or ordinances; or-State or Federal laws, or case law to the contrary, and you have indicated to me that you have not found any, the County has properly accounted for the funds on a consistent basis.

Should I be able to provide any additional help or should you need any additional clarification, please do not hesitate to contact me.

'. Harris, CP Ai Managing Director

RRH/T _______ _ _ _ _ __ J J ''Providing Vision and Direction to our Clients'' COMPOSITE EXHIBIT "C" MemberAICPADlvisionFo,CPAFinm

Private Companies Practice Section

Member FICPA

256

TALLAHASSEE Suite 200

FORT LAUDERDALE

208 S.E. Sixth Street Fort.Lauderdale. Florida 33301

(954) 525-8000 Tel · (954) 525-8331 Fax

1500 Mehan Drive TaHahassee, Ftorlda 32308

(850) 224-4070 Tel (850) 224-4073 Fax

Nabors& Giblin . . TAMPA

Ni eke rs On P.A. 2502::~1.?o~tDrtve

····- ---·-···--·-- --·--------. '" ----··~-----·· A I r O R f<! E V S . A T L A W Tampa, Flo~da33607

······· ····-··· ··· ··· · ·····= ===.c=c..ccc-c== .(813).281.2222re1. - . ····-· (813f281-0:i29 Fax . • .

October 7, 2011

Via Overnight Delivery and Email

Alan S.Polackwich, Sr. County Attorney Indian River County 1801 -- 27th Street Vero Beach, Florida 32960

Re: Appropriation of Impact Fee Funds

Dear Alan:

You have requested our opinion as to whether there are any statutory or judicial decisions that would prevent Indian River County (the "County") from maintaining a separate account for interest earned on the· deposit of Impact fee proceeds and appropriating such interest earnings only after impact fee proceeds. have been expended .. It is our understanding that the impact fee ordinances of the County do not address this issue of appropriation priority and only provide that impact fee proceeds will· be expended in the order in which they were collected. ·

We are aware of no statutory or case law restriction .that would prevent the County from appropriating interest earned on impact fee proceeds only after the impact fee proceeds have been first expended. Such• appropriation. decision is within the discretion of the Board in its management of impact fee proceeds and interest earned on their deposit. ·

. . . . ' .

If you have any questions, or desire any further clarification, please feel free to call us at any time. Thank you for your consideration of our Firm. ·

Very truly yours,·

(U 1.~ Robert L. Nabors

RLN/adm

257

. ·-·-·- --·----·-.. -- ··-· ... · ..

Attomey's Matters - B.C.C. 09.13.11

CjfoEcf INDIAN RIVERCOUNTY

ATTORNEY

Alan S. Polackwich, Sr., County .Attorney WilliamK. DeBraal, DeputyOiunty .Attomey B.t00ke W. O:lom, Assis"1Dt O,Ullo/ .Attorney

TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM


Alan S. Polackwich, Sr., County Atto~

September 7, 20 I 1

Traffic Impact Fees Collected in Original TIF District 2- Fund 101 Issues

On July 12, 2011, representatives of AssetResearch & Recovery, Inc. niade a presentation to the Board of County Commissioners relating to the refund of impact fees. Although several issues were discussed, the primlll:y issues were: (1) whether the Board should reopen Fund.IOI for refund claims. Fund 101 holds unspent impact fees paid in former traffic impact fee District 2 (which consists of the barrier island, from Beachland Boulevard south to the south county line), together with interest earned on the fees, and (2)

· whether the Board should (i) reduce the refund application fee from its then current level of $200, (ii) make the fee payable only out of refunded proceeds, and {iii) direct staff to provide notice when an impact fee refund is due.· The second issue was addressed by the Board on August 16, 2011, but only with respect to refunds based on the revocation, expiration or withdrawal of a building permit or initial one year concmrency certificate. The issue was deferred with respect to refunds based on the failure to spend impact fees within six years.

·The primacy purpose of this memo is to address the first issue - whether the Board should reopen Fund · 101 for refund claims. The memo will also address briefly the second issue as it relates to refunds based on the failure to spend impact fees within six years.

APPROVED FOR SEPTEMBER 13,201 l B.C.C.MEETING-A1TO ' TIERS Indian River Co. Ap i;ayed Date

Mmin. ~J '$/JJ Co. Aitv, ,r ••• Jr Budget ( r I'll

co nent. ii ,JV I r; 1u RiskMgmt. - -

EXHIBIT "D" 2B

Board of County Commissioners September 7, 2011 Page2of9

--···-····-"·"--····--

FACTUAL BACKGROUND.

On January 22, 1986, the Board of County Commissioners adopted Ordinance 86-14 (effective March l, 1986) establishing traffic impact fees for the_ first time in Indian River County. The purpose of Ordinance 86-14 was to require "all new land development activity that places additional demand on the County's major road network system to contribute its proportionate share of the funds, land, or public facilities to accommodate any transportation impacts having a rational nexus to the proposed development ..•. " The ordinance (1) divided the County into nine traffic impact fee districts, (2) imposed impact fees on new development within each district, (3) requrred that funds collected in a district be spent in the district, ( 4) stated that funds .are deemed to be spent on a first in - first out basis, and ( 5) provided that any funds not spent within six years be returned to the fee payer ( or his/her successors or assigns), with interest, upon application submitted within one year of the end of the six year period.

Pw-suant to Ordinance 86-14, the County began collecting impact fees and depositing them into the nine separate district accounts. The account for District 2 was included in Fund 101.1 .

The traffic impact fee orliinance was amended several times _after 1986, but it was not until 1999, when the Board adopted Ordinance 99-14 (effective October l, 1999), that a siguificant change was made. Specifically, Ordinance 99-14 eliminated the original nine districts and replaced them with three new districts. District 2 under Ordinance 86-14 became part of District 3 under Ordinance 99-14. Ordinance

· 99-14 specifically provided that "impact fees collected and deposited into the original nine trust accounts prior to the effective date of this ordinance shall be expended in the original district in which they were collected until all funds within said districts have .been expended according to the provisions of this ordinance."

The next, .and final, significant change occurred in 2005 when the Board adopted Ordinance 2005-15 (effective on July 1, 2005). Ordinance 2005-15 added eight new impact fees, and shifted the traffic impact fee provisions from chapter 953 of the Code to chapters 1000 and 1010. Ordinance 2005-15 made only one change that impacted Fund 101 - namely, the recipient of refunds based on the failure to spend impact fees within six years was changed from the fee payer to the current owner:

Any funds not expended or encumbered by the end of the calendar quarter immediately following six (6) years from, the date that an impact fee payment was received shall, upon application of the current owner, be returned to the current owner with interest at the rate earned by the county on the funds. Refunds not requested within one (1) year of the end of

· the six-year holding period shall be deemed waived . . ·- - - -·- - . -··· ··-

Fees from other districts were also included in Fund 10 I; however, all fees have been fully spent except those from District 2.

·-····· ·-- -···· ···-~-----

Bo.ard of County Commissioners September 7, 2011 Page3of9

---- ""·-··----·· . --····-----· Neither Ordinance 2005-15 nor Ordinance 99-14 changed the other basic requirements of Ordinance 86-14 that funds be spent within six years of receipt or be refunded upon application received within one year of expiration of the six year period.

The history of Fund 101 as of July 31, 2011 is, as follows: (1) between 1986 and the present, a total of $1,655,271 of impact fees was collected and deposited into the account The final fees were collected and deposited in FY 1998/99 ( deposits stopped after the adoption of Ordinance 99-14), (2) .total expenditures _out of Fund 101 were $1,495,188. The last expenditure ($225,682) occurred during FY 1996/97, and (3) the total balance in the account as of July 31, 2011 was $1,147,930. Based on the County's accounting system (which spends all fees first before spending any interest), the July 31, 2011 balance of$1,147,930 · consisted of $159,160 of unspent impact fees and $988,770 of interest earnings.2 No funds have been refunded froni Fund 101 based on the six year refund provision.

There is one;roject currently planned~ original Distri~t 2 - an ~xpansion pr~ject. at the intersection of Al-A and 17 Street (the "A01-A Project''). The project CODS1Sts of (1) widemng A-1-A south of the intersection to add a fourth lane, so there will be two left tum lanes, one. through lane and one right tum lane. This widening will begin approximately 900 feet south of the intersection, and (2) widening A-1-A north of the intersection so the through lane can be shifted to the east, to line up with the realigned south through lane. This widening will begin approximately 400 feet north of the intersection. The A-1-A Project is being administered by the City ofV ero Beach (because the intersection lies within the municipal boundaries of the city). The engineering plans are complete and the City Public Works Director advised the County Attorney that the City plans to begin construction in early summer 2012. ·

The A-1-A Project resulted from an A-1-A corridor study performed in 1996 by Carr Smith Associates for the Florida DOT, St. Lucie County MPO and Indian River County MPO. The study concluded that, based on population and traffic forecasts, the number of trips through the intersection will exceed acceptable levels of service by 2014. The study was approved by the Indian River County MPO, and the A-1-A Project has been listed on the Indian River County Capital Improvements Plan every year since 1998. The Indian River County MPO Staff Director and Public Works Director have indicated to the County Attorney their belief that the project is necessary. The current estimated cost of the project is beween $700,000 and $1 million, although the current Capital Improvements Plan includes a budget of $1,241,509 for the project.

LEGAL BACKGROUND.

The legal history of impact fees in Florida began in the·early 1970's, when a few local governments began imposing impact feeclike requirements -or fees on new development to ·pay for the expansion of public facilities. These local governments relied on their home rule powers or police powers as authority to impose the fees; no state statutes existed at the time which authorized impact fees.

2 The above figures will change slightly based on the Board's decision at the August 16, 201 l meeting to spend $25,400 to acquire property at the intersection of A-1-A and 17th Street. . F:W~L1/JCCl.f.s-fa~,rq,«1Pu:s:O.Lloo

Board of Cowzty Commissioners September 7, 2011 Page4of9

Developers immediately challenged the fees as illegal ta:ices; local governments cannot levy mes ·without statutory authority, and, as stated, there was no statutory authority for impact fees. In resolving the challenges, the courts developed a body of law to the effect that impact fees are not illegal taxes, as long as there is a rational nexus between (1) the need for expanded public facilities and the new development which is paying the fees, and (2) the spending of the fees and the benefits accruing to the new development which paid the fees. This test became known as the dual rational nexus test, consisting of two prongs - the needs prong and the benefits prong. ·

The courts made clear that to satisfy the benefits prong of the dual rational nexus test, local governments must impose significant restrictions on the spending of fees, to ensure that new development which paid . the fees receives its proportionate share of the benefits created by the expanded public facilities. · This is why Ordinance 86-14, and all ordinances since, req11ired that fees collected in a district be spent in the district.

This may also be the reason why Ordinance 86-14, and all ordinances since, required that fees be spent within six years of collection or be refunded. Even before the court challenges, local governments which adopted the earliest impact fee ordinances included a provision that fees be spent within a reasonable period of time or be refunded. In court challenges, the courts pointed to these provisions as significant in satisfying the benefits prong of the dual rational nexus test. The early ordinances happened to use six years as the "reasonable period of time," and when the courts upheld these ordinances, many other local governments in Florida, including Indi_an River County, required that fees be spent within six years or be refunded. ·

As noted above, Indian River County's six year provision does not require notice to the current owner (or anyone else) that the funds were not spent within six years and a refund may be due; and the provision creates a one year window within which the refund application must be submitted, or the.right to refund is waived.

It appears that Indian River County's six year provision is similar to that in other counties. At the County Attorney's request, the Florida Association of County Attorneys conducted a survey of impact fee refund provisions in other counties. The results of the survey were: (1) 13 counties with impact fee programs responded, (2) all 13 counties require that funds be spent within a specified period of time - usually six years - or be refunded, (3) 12 of the 13 counties have a refund procedure which requires the filing of an application for refund; the remaining county's ordinance states simply that unspent impact fees "shall be returned to the fee payer'' without providing a specific refund procedure, (4) of the 12 counties with a refund procedure, only one requires notice to the property owner; the other 11 do not require notice, and

· ( sr a1r 1z couiines-wrtliare:fiiiid procedure require that a refund application be filed within a limited period of time (ranging from six months to a year), or the right to refund is waived.


~----- ------···------··· There is no case law in Florida, or elsewhere in the United States which the County Attorney has been able to find, which considers the validity of this type of refund provision. Nor is there any statutory law on the issue. Florida did not adopt an impact fee statute until 2006, when it adopted the Florida Impact Fee Act However, this Act does not address refunds in any way. Thus, there. is no case or statutory law in existence which determines whether a six year/no notice/one year to apply refund provision like Indian River County's is legally sufficient or not. Obviously, the attorneys and consultants who assisted in draf1:ing these provisions for counties around the state of Florida believed that they were sufficient, but the issue has not been addressed by the courts or the legislature.

Two other areas of the law are relevant in the refund discussion. The first is the statute of limitations. If someone were to sue Indian River County for a refund of Fund 101 funds, the County may very well have a defense based on the statute of limitations. Flori~ imposes a four year statute of limitations on refund claims of this type. Generally, the statute begins to run from the time that the applicant knew or should have known of the right to a refund; and ignorance of the law is no excuse.

The Second is general refund law. In 2010, the Florida Attorney General issued an opinion stating that the City of Wildwood had no authority to refund impact fees which were validly and legally collected. Specifically, Wildwood adopted a refuse impact fee ordinance in 2006, after adoption of the Florida Impact Fee Act. Impact fees were collected, but then the city decided to privatize its landfill operations, which eHminated the need to spend the impact fees. The Attorney General opined that the city did not have authority to refund the impact fees: "No statutory or other authority of which I am aware or to which you have brought my attention would authorize the City of Wildwood to return or refund validly imposed an!l collected impact fees . . . In the absence of such legislative authority for a refund, this office would suggest that the city utilize these funds for solid waste-related purposes .... " It should be noted that Wildwood's ordinance contained a six- year spend it or refund it provision similar to :fndian River County's.

DISCUSSION AND ANALYSIS.

From a legal standpoint, there are two issues to be considered: (1) is Indian River County required by law to refund the funds in Fund 101, and (2) if not, but if the Board wants to refund the funds as a matter of policy, is the Board prevented from doing so based on the 2010 Attorney General Opinion?

As stated above, there is no clear answer on the first question. The County Attorney can speculate as to legal arguments requiring the refund of funds in Fund 101. However, these arguments have not been tested, and without legal precedent one way or the other, any prediction of the outcome is little more than

· speculation. · ·· ····· · · - · · · · ·--- -- · ·· ·· ·· · · · · ·

·····--- ·- . - - -- . -- ..... _,,_

Board of County Commissioners September 7, 201 I Page6of9

··-···············-·--~ -~~-·--·····--··-~-Legal arguments requiring refund might include: (1) without notice to the potential applicant, the one year refund window is ineffective, and, without an effective refund mechanism, the impact fee becomes an unauthorized tax or a deprivation of property without due process, and (2) even if the refund mechanism is legally sufficient, so much time has passed between collection and spending of the funds in Fund 101, that there is no longer a nexus between the benefits achieved and the people who paid the fees, thus rendering the fee an unauthorized tax.

Legal arguments against requiring re~d might include: (1) the refund provision is clear, and ignorance of the law is no excuse. If people are charged with knowledge of the six year provision, then it is a simple matter to make inquiry.and apply for a refund if there is any question that a refund might be due, (2) once the one year window passed artd the refund was waived, no court has imposed a continuing ''reasonable iline period" requirement. Thus, after closure of the one year refund period, the only continuing requirement is that the funds be spent within original District 2 - which they will be with the A-1-A Project, (3) any refund claims are barred by the statute of limitations, which passed long ago, and (4). according to the Attorney General's 2010 opinion, the County has no authority to refund validly collected impact fees, even if it wanted to. ·

As stated, there is no way to· predict how these arguments might be resolved. The bottom line, from the County Attorney's standpoint, is that the arguments requiring refund are not frivolous, and a strong defense to a legal challenge would be required.

Beyond the legal uncertainty, it is a policy issue whether the Board wants to retain and spend the funds on the A-1-A Project, or refund them to current property owners. The County Attorney makes no recommendation on the policy issue.

Other factors that may be relevant to the Board's consideration of the issue might inciude:

• The question was raised at the· July 12 meeting whether County impact fees may be spent on state roads, such as A-1-A. The answer is that (1) under state law, counties can spend impact feel! on sta~ roads, as long as the state issues a permit for the project and other criteria for spending impact fees are met, and (2) specific language in the Indian River County Code might raise a question, however, in that section 1000.11 states that all impact fees shall be spent on facilities "under the jurisdiction of the Indian River Board of County Commissioners" (which could be construed not to

· include state roads), but section 1000.10 states that traffic µa.pact fees must be used in accordance with section 1010.05, and section 1010.05 states that traffic impact fees shall be used for the expansion of "the county's major road network system as identified on the ... thoroughfare plan

·· riiaps..-(wfilcndoesfucludestate roads): · ·· ···· · · · ·· · ········ ·

The County's current impact fee levels were determined including state roads. For example, the latest impact fee study considered the cost of improvements on state roads in developing the cost per lane mile. The report also provided a credit to the fee payer based upon improvements on the state road system as included in the FDOT Work Program.

2'64


·------- ···- ···-- ........ . ... ·-' . -·. ..

-------·-·-·- . -----······ --·-·--- ----Finally, the County bas, in fact, used impact fees in the past to improve state roads: For example, the County spent about $1.6 million during 2006-2008 for A-1-A turn lanes and widening. The areas of work were; Vera Cruz right tum lanes; Pebble Beach right turn lane, A-1-A bi-directional turn lane (three-lane widening); McLarty Museum right tum lane; Sebastian Inlet Day Use Park turn lane improvements; CR 510/ AlA tum lanes; and Castaway Cove turn lane improvements.

To the extent any question remains based on the language of section 100().11, the Board may want to considet amending this provision to eliminate all doubt.

• If the Board decides to make refunds, ·there is a serious question exactly what will be refunded to whom. Without getting into the details, this issue will have to be carefully analyzed so that a new set of problems is not created.by the refund plan. ·

• If the Board decides to make refunds, the County's accounting system of spending impact fees first before sp~ding any interest will become relevant As stated above, based on the 9<>unty's accounting system, only $159,160 of the $1,147,930 in Fund 101 is unspent impact fees; the rest is i,nterest accumulated since 1986. · ·

• The City ofV ero Beach may have some interest in the issue. The County and the City entered into an Interlocal Agreement in 2005 in which the County agreed to spend impact fees in accordance with its ordinance. Given that the A-1-A Project is located in the City and is being administered by the City, the City may be concerned if the refund decision impacts funding for the project.

• If the Board decides to make refunds, it is possible, from a legal standpoint, to fund the A-1-A project from current District 3 impact fees; however, the County Finance Director advises that this would strain the Capital Improvements Plan, which is under significant strain already.

• It-could be argued that a refund of impact fees paid in the 1990s. will, in many cases, amount to a windfall for current property owners - many of whom did not own their properties in the 1990s and are not the owners who paid the impact fees. ·

• If the Board decides to make refunds, the County Attorney is still concerned with the 2010 Attorney General Opinion which opined that the City of Wildwood did not have authority to refund impact. fees which were validly and legally collected. Although the County Attorney believes that this conclusion would not apply to Indian River County, the County Attorney recommends that an Attorney General-Opinion-be obtained-to eliminate any.doubt It generally takes about 60 days to obtain an Attorney General Opinion.

• The Board is reminded that the present ordinance does not allow for refund after closure of the one year refund application period. Thus, any decision to make refunds would have to be implemented through an ordinance amendment.

.Board of Coun'ty Commissioners September 7, 2011 Page8of9

-------·· .. ---------• Even .if the Board· decides that it does not want to make refunds, a resolution or ordinance

amendment may be advisable to set forth the final disposition of funds in Fund 101.

REMAINING ADMINISTRATIVE ISSUES.

As stated above, on August 16, the Board voted to (1) reduce the refund application fee from $200 to $75, (2) make the fee payable only out of refunded proceeds, and (3) direct staff to provide notice when an impact fee refund is due - all with respect to refunds based on the revocation, expiration or withdrawal of a. building permit or initial one year concurrency certificate. The Board deferred action on these issues with respect to refunds based on the failure to spend impact fees for six years.

The County does not currently charge an application fee for refunds based on the failure to spend impact fees for six years. There appear to be two reasons for this historical practice: (1) while the ordinance expressly authorizes an application fee for refunds based on the revocation, expiration or withdrawal of a building permit or concurrency certificate, the ordinance is silent with respect to. an application fee for refunds based on the failure to spend impact fees for six years, and (2), with the eicception of Fund 101

· (for which no refund applications were ever filed), no other impact fees have remained unspent for six ·years.

: The County Attorney believes that authority eicists to charge an application fee for refunds based on the six year provision, even without eicpress language in the ordinance - although, an ordinance amendment would be helpful to eliminate any doubt. If the Board decides to impose an application fee, the Budget Department recommends that the fee be in the same amount as the application fee for refunds based on the revocation, expiration or withdrawal of a building pennit or concurrency certificate - which is $75. The

·· administrative costs for both refunds are similar; in fact, the costs will likely be higher for refunds based on the six year provision. Staff will need to confmn property ownership, and obtain the owner's social security number and other information required for the completion of a W-9 form. In accordance with IRS regulations, the Finance Department will also be required to complete 1099 forms and submit a form for each year that the interest earnings are paid to the property owner.

If the Board decides to charge an application fee for refunds based on the six year provision, it would be consistent to pay the fee out of the refunded proceeds.· There does not appear to be a reason to treat the two types of refunds differently.

Finally, while staff has adopted a system of notifying fee. payers that they are eligiole for refunds based on the revocation, eicpiration or withdrawal of a building pennit or initial one year conC\llTency certificate, staff advised-against such a-notification system for refunds based on the six year rule at-~ August·I 6 · meeting. · Staff's argument was that the process of identifying owners eligiole for refunds would be time consuming and expensive. However, as the County Attorney noted above, a refund procedure which does not include notice may be vulnerable to legal challenge. Also, the fact that no one ever applied for a refund out of Fund 101 suggests that such a refund procedure without notice is not effective. Thus, the County Attorney believes that if the intent of the Board is to have a good faith, effective refund mechanism, it must include notice to eligible property owners. F:iA~LIBCa,i.,_~F.-OJ4<n

2B$


---···· ·------·-·----·--- -·-·-···--·-- .. - -- .... ---------· The County Attorney notes that the Board may want to solicit additional input on these administrative issues from the Planning Department and the Budget Department, both of which are more directly impacted by the issues than the County Attorney's Office.

RECOMMENDATION.

The County Attorney recommends that the Board. first determine whether it wants to reopen Fund 101 for refunds. If not, the Board should direct the County Attorney to determine whether any finther action is necessary ( ordinance changes, resolutions, etc) to solidify the final disposition of funds in Fund 101. If so, the Board should (1) direct staff to analyze the alternatives and come back with a recommendation for a specific refund plan, (2) direct the County Attorney to seek an Attorney General Opinion on the issue of whether the County can legally refund the fees, in light of the 2010 opinion, and (3) direct the County Attorney to determine what finther action is necessary ( ordinance changes, resolutions, etc) to authorize and implement a refund plan.

Also, the County Attorney recommends that, regardless of the decision on Fund 101, the Board should deci4e the administrative issues (application fee amount, fee payment and notice to eligible owners) as· they relate to reftmds based on the failure to spend impact fees within six years.

DISTRICT

)5A1-INDIAN RIVER COUNTY, FLORIDA

MEMORANDUM

TO: Honorable District Board of Commissioners

THROUGH: Joseph A. Baird, County Administrator ,. FROM: John King, Director

Department ofEmer rvices

Jason Brown, Director Office of Management & Budget


SUBJECT: Approval to Purchase One Medium-Duty Brush Truck with Equipment

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

DESCRIPTION AND CONDITIONS:

Staff is seeking authorization to purchase a brush truck for Fire-Rescue Station 12, located at 3620 49th Street, Vero Beach. As you recall, the economic conditions at the time of the station opening only allowed staff to purchase a fire engine for this location. Insofar as this station's service area includes many tracts of pastureland, grove and unimproved properties which are inaccessible with a standard fire engine, the purchase of a brush truck is not only necessary but enhances the level of service to the community.

Inasmuch as this is an additional vehicle and not a replacement, staff is also requesting authorization to purchase fuefighting equipment (i.e. breathing apparatus, nozzles) necessary to place this unit in service.

FUNDING:

Staff is recommending a tag-on purchase to the St. John's County Contract for a four-wheel drive medium-duty chassis brush truck, with equipment. Funding for this equipment is from District Impact Fee as follows:

Item Amount Account Number Medium-Duty Brush Truck $202,630.00 10312022-066420

267

County Code allows the use of impact fee funds to purchase capital equipmentwith a useful life of more than 5 years to accommodate growth in the county. All of the equipment has a useful life of more than 5 years. Also, all of the equipment is needed to accommodate growth and will benefit such growth through expanded services.

RECOMMENDATION:

Staff recommends approval of the purchase of one medium-duty brush truck, with essential equipment, from Ten-8 Fire Equipment for a total of $202,630.00.

ATTACHMENTS:

Ten-8 Proposal St. Johns County Contract Extension

APPROVED FOR AGENDA Indian River County

FOR:._~D=ec~e~m~b~e~r~20~,~2~0~1~1_ Administrator

Legal

Budget

Risk Management

Department

268

Dec 13 11 10:21a p. 1

PROPOSAL FOR FURNISHING FIRE APPARATUS

Dec 13 , 2011

Indian River County

The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices:

One Ten 8 Fire Equipment Wildland Brush Fire Fighting Unit $ 202,630.00 Purchase thru St. Johns County Contract- 07-53

Total$ 202,630.00

Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about - I 80210 working days after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at !RC, Florida.

The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus.

The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT orNFPA standards will be passed along to the customers as an addition to the price set forth above.

Un less accepted within 45 days from date, the right is reserved to withdraw this proposition.

SD1397 Revised: 12/29/2008

269

Dec 13 11 10:2la

OCT-31-2011 15:20 TEN-8 FIRE EQUIPME/,T INC

F'ierce Manufacturing Inc.

2600 AMERICAN DRIVE

~OST OFFICE SOX 2017

A.PFLETON. WISCONSIN 5'19l2-2017

920-832-3000 • fAX 920-832-3208

\lr/WW.piercemfg.com

October 31, 2011

Ms. Leigh Daniels, CPPB St. Johns County Purchasing 2446 Dobbs Road St. Augustine, FL 32086

p.2

407 328 5083

~->

Reference: Contra.ct Extension under RFP No: 07-53. Fire Apparatus and Special Application Vehicles

Dear Ms. Daniels,

Pierce Manufacturing, Incorporated is willing to extend/renew the above-referenced contract for an additional five years, dating from March I, 2012 to February 28, 2017. All terms and conditions of the contract shall remain the same.

We sincerely appreciate the opportunity to continue doing business with St. Johns County and look forward with great anticipatjon to the continuation of this contract. It has truly been a pleasure working with the staff of St. Johns County Fire Rescue and St. Johns County Purchasing over the last five years.

#~~-Robert F. Boggus Ten-8 Fire Equipment. Inc. Authorized Sales Representative Pierce Manufacturing, Inc.

Cc: Mark Jones, Ten-8 Fire Equipment, Inc. Dann Bouwer, Ten-8 Fire Equipment, Inc. Mark L. Smith, Pierce Manufacturing, Inc.

TOTAL ?.01

270

/68~

Date:

To:

From:

INDIAN RIVER COUNTY

SOLID WASTE DISPOSAL DISTRICT

BOARD MEMORANDUM

December 13, 2011

Joseph A. Baird, County Administrator . ~

Prepared By:

Subject:

W. Erik Olson, Director of Utility Service~//'

Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District ,d,.7h. Retention of Specialized Outside Counsel for Environmental & Solid Waste Projects

BACKGROUND:

On November 4, 2008, the Solid Waste Disposal District (SWDD) board authorized the use of the law firm of Young Van Assenderp, P.A. and specifically David S. Dee, Esq. to provide specialized outside legal service related to RFP#2008052 for either a Waste to Energy project or a Gas to Energy project. Mr. Dee initially assisted the project in providing a review of the joint venture agreement between INEOS Bio and New Planet Energy in the formation of INEOS New Planet BioEnergy, LLC (INPB). Subsequently, Mr. Dee assisted staff in the negotiations of the Board approved Feedstock Supply Agreement and the Landfill Gas Interconnect Agreement with INPB. Mr. Dee was approved a not-to-exceed budget of $25,000 which he has been paid $20,165.70 through October 2011. Note, Mr. Dee has switched to the law firm of Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia & Wright, P.A. (GBW).

Staff is requesting the continuation of the use of Mr. Dee for both the INPB project and other environmental and solid waste projects in Indian River County.

ANALYSIS & FUNDING:

Staff recognizes that there may be additional legal issues on the INPB project and also with upcoming issues associated with C&D recycling, 75% recycling goals by the legislature, and any resulting updates or modifications to the franchise agreements and/or the interlocal agreements with municipalities. The County Attorney concurs with the use of Mr. Dee.

Mr. Dee is generally recognized as the preeminent legal expert on solid waste matters in Florida and was recently selected by "Best Lawyers" as the "Lawyer of the Year" in Tallahassee for Environmental litigation. Mr. Dee will not commence any work unless he received a specific authorization from the County Attorney or from Staff.

Staff recommends a not-to-exceed budget of $20,000 under available funding within SWDD Budget in Account No. 41121734-033110 Legal Services.

SWDD Agenda - Retention of Specialized Outside Counsel for Environmental Solid Waste Projects Page 1 271

RECOMMENDATION:

SWDD staff recommends that its Board approve the continuation of outside specialized counsel with the law firm of Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, La Via & Wright, P.A. for a not-to-exceed budget of $20,000 and authorize the Chairman to sign the attached engagement letter for environmental law services.

ATTACHMENT:

1) Engagement Letter from GBW 2) David Dee's email proposal and resume

APPROVED FOR AGENDA:

Fo ~,}rJ 2.tJI/ I

Date

Indian River Co.

Admi_nlstratl911

SWDD Director

Budget

Legal

Risk Manager

SWDD Agenda - Retention of Specialized Outside Counsel for Environmental Solid Waste Projects Page 2 272

GBW Gardner, Bist.Wiener, \Vadsworth,Bowden,Bush, Dee,La Via & Wrtght, P.A.

ATIVRNEYSATLAW

Amanda H . .Anderson Michael P. Bfst Ganin B. Bowden Benjamln B. Bush David S. Dee Erin w. Duncan Charles R. Gardner John T. LaVla, m

Telephone 850.385.0070

1300 Thomaswood Drive Tallahassee, Florida 32308

www.gbwlegal.com Fac:llm:Ue

850,385.5416

December 13, 2011

Alan Polackwich, Esq. Indian River County Attorney 1801 27th Street Vero Beach, Florida 32960-3365

Re: Environmental Law Services

Dear Mr. Polackwich:

MUJT8.y M. Wadsworth* Mumlj' M, Wadsworth, Jr. Bruce 1. Wlcner .. Wendy Russell Wiener Robert Scheffel USchef' Wright

•ofQiunsel 0 Boord Certi.fted Real Estate Lw.vg:er

I have assisted Indian River County ("County") with various environmental law issues in the past years. and it is my understanding that the County would like me to continue to assist the County in the future. On behalf of this law firm {"Firm"), I am sending you this letter to confirm that I would be delighted to continue to.work with the County, on an asneeded basis, when requested to do so. Accordingly, I have prepared this engagement letter, which describes the general principles that will govern our work for the County.

Qualifications and Case Management

With the County's approval, I will take primary responsibility for assisting the County and I will personally perform or supervise the Firm's work for the County. For your reference, a copy of my resume is attached hereto.

I will work closely with you and other representatives of the County to ensure that the County's cases are staffed appropriately. We want the County's work to be performed in the most efficient and cost-effective manner possible, while fully utilizing the Firm's expertise.

273

Indian River County December 13, 2011 Page 2

Fees and Billing Practices

We normally charge our clients an hourly rate for our legal services. My billing rate for new private clients is $350 per hour. The other senior attorneys in this Firm charge similar amounts.

For the County, the Firm's rates will be reduced. Specifically, the Firm is willing to reduce my normal billing rate to $225 per hour and the maximum rate for our other senior attorneys also will be reduced to $225. The rates that will be charged to the County are shown on Exhibit A, which is attached to this letter.

We are sensitive to the costs of legal services and we understand that every client wishes to avoid unnecessary expenses. Accordingly, we will use our best efforts to ensure that the County's work is performed as efficiently as possible. When it is appropriate, we will assign tasks to attorneys, paralegals, or clerks with lower billing rates so that we can maximize our cost effectiveness.

Our clients are responsible for all reasonable costs that we incur during our representation of them. Such costs include computer research services, copying charges, travel and out-ofpocket expenditures. Our requests for reimbursements from the County for meals, per diem, and travel, if any, will be limited to conform with the restrictions contained in Section 112.061, Florida Statutes, for state employees.

We will provide the County with an itemized monthly invoice for our services. The invoice will identify each task that has been performed during the month, the person that performed the work, the date on which the work was performed, and the amount of our costs. Our invoices will include receipts or other appropriate documentation for our costs.

We recognize that the County may have its own limitations on reimbursements for costs and out-of-pocket expenditures. We will comply with any reasonable limitations imposed by the County, but we ask that such limitations be identified now so we can avoid confusion and misunderstandings later.

274


Our invoices are payable upon receipt. If our invoices are not paid within 45 days, we may charge interest on the outstanding balance at the rate of 1.0% monthly (12% per annum), which is consistent with the requirements established by the Florida Legislature in the Local Government Prompt Payment Act, Sections 218.70 et seq., Florida Statutes.

Conclusion

We hope that our proposal is acceptable to the County. If it is, the appropriate County official should sign in the space provided below and then return a copy of this letter to me.

Please call me if you· have any questions.. We look forward to a pleasant and successful relationship with you and Indian River County·;

Attachments

Sincerely,

GARDNER, BIST, WIENER, WADSWORTH, BOWDEN, BUSH, DEE, LAVIA & WRIGHT,,.

B::A~~ 1, ~ David S. Dee For the Firm

Accepted and agreed to this 2011.

day of ________ .,

Indian River County

By:

Chairman

APPROVEn ············ .. --"'=

county A!lminisl,;,. •.• ·

275


EXHIBIT A

GARDNER, BIST, WIENER, WADSWORTH, BOWDEN, BUSH, DEE, LAVIA & WRIGHT, P.A.

RATE

AMANDA H. ANDERSON $150 per

MICHAEL P. BIST $225 per

GARVIN B. BOWDEN $185 per

BENJAMIN B. BUSH $185 per

DAVIDS. DEE $225 per

ERIN W. DUNCAN $150 per

CHARLES R. GARDNER $225 per

JOHN T. LAVIA, III $200 per

MURRAY M. WADSWORTH* $225 per

MURRAY M. WADSWORTH, JR. $200 per

BRUCE I. WIENER $225 per

WENDY RUSSELL WIENER $200 per

ROBERT SCHEFFEL WRIGHT $225 per

*Of Counsel

hour

hour

hour

hour

hour

hour

hour

hour

hour

hour

hour

hour

hour

276

From: David Dee [mailto:[email protected]] Sent: Monday, December 12, 2011 3:31 PM To: Himanshu Mehta Cc: Jason Brown; Erik Olson; Alan Polackwich Subject: FW: Request for Proposal

From: David Dee Sent: Monday, December 12, 2011 3:26 PM To: 'Himanshu Mehta' Cc: Erik Olson; Jason Brown; Alan Polackwich Subject: RE: Request for Proposal

Himanshu, As you requested, I have attached a copy of my resume. You may be interested to see that I was recently selected by "Best Lawyers" as the "Lawyer of the Year" in Tallahassee for Environmental Litigation. I also was selected by Chambers for inclusion in its legal directory ("America's Leading Lawyers for Business") for the seventh consecutive year.

I would be delighted to continue to assist the County with its environmental and solid waste issues. All of the issues you have identified below are ones that appear to fit within my area of expertise.

Since I do not know the precise scope of the work that I will need to perform for the County, it is difficult if not impossible to prepare an accurate estimate concerning the amount of the County's budget. However, when faced with a similar situation several years ago, the County established a "not-to-exceed" budget of $25,000 for my work, and that amount was sufficient to cover all of the tasks that have been assigned to me over the intervening years. I suggest that we use the same approach here. Specifically, I will only perform those tasks that are assigned to me by the Department and/or the County Attorney, and in this instance the total amount of my fees shall not exceed $20,000.

Please let me know if you have any questions.

Da:vid S. Dee, Esq. Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, La Via & Wright, P.A. 1300 Thomaswood Drive Tallahassee, FL 32308 Telephone: (850) 385-0070 Cell: (850) 566-5810 Facsimile: (850) 385-5416 E-Mail: [email protected] http://www.gbwlegal.com

GB.· :tl: T Gardner. 13lsL \?iei1,.er. ';Vadswmth. Bowdcrt ,, .. ,vv Bush Dee. l..aV_;a & WnghU?A . .-ffH<•,1::.-.'£\'.'i..tr uw Utqotk:in "'ffi;;:ri.lt6r:11~tmtal 'f'tiqli:i'hil!U,lll'!l'

277

CONFIDENTIALITY NOTICE: This communication is intended only for the exclusive use of the intended recipient(s) and contains information which is legally privileged and confidential. Furthermore this communication is protected by the Electronic Communication Privacy Act, 18 U.S.C. §§ 2510-2521 and any form of distribution, copying, forwarding or use of it or the information contained in or attached to it is strictly prohibited and may be unlawful. This communication may not be reviewed, distributed, printed, displayed, or re-transmitted without the sender's written consent. ALL RIGHTS PROTECTED. If you have received this communication in error please return it to the sender and then delete the entire communication and destroy any copies. Thank you.

From: Himanshu Mehta [mailto:[email protected]] Sent: Monday, December 12, 2011 3:13 PM To: David Dee Cc: Erik Olson; Jason Brown; Alan Polackwich Subject: Request for Proposal Importance: High

David,

Staff is interested in continuing to utilize your legal expertise in the solid waste field covering at a minimum the following projects:

1. INEOS New Planet BioEnergy Center 2. C&D Recycling 3. 75% Recycling 4. Interlocal Agreements 5. Franchise Agreements

Please provide your resume and a not to exceed budget to cover these projects. The authorization of these projects would be at the discretion of the County Attorney and staff.

Best regards, Himanshu

Hirnanshu H. Mehta, PE (FL) Managing Director

Indian River County - Solid Waste Disposal District 1325 74th Avenue SW, Vero Beach, FL 32968 P: 772-770-5112, F: 772-770-5296 e: [email protected] w: www.ircwaste.com

278

Amanda H, Anderson Michael P. Bist Garvin B. Bowden Benjamin B. Bush DavidS. Dee Erin W. Duncan Charles R. Gardner John T. 1..a.VI.a, ID

GBW Gardner, Bist.Wiener, Wadsworth.Bowden.Bush. Dee,LaVia &Wright, P.A

Telephone 850.385.0070

ATJ'ORNEYSATIAW

1300 Thomaswood Drive Tallahassee, F1orlda 32308

www.gbwlegal.com

DAVIDS.DEE

Facsimile 850.385.5416

Murray M. Wadsworth.• Murray M. Wadsworth, Jr. Bruce J. Wiener"'* Wendy Russell Wiener Robert Scheffel "Schef" Wrlght

•oJCounsel "Bowtl Cert;yled Real Estate Lawy~

David S. Dee is a shareholder (partner) in the law firm of Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, La Via & Wright, P.A., and has 32 years of experience in the areas of environmental, land use, administrative, and governmental law.

Mr. Dee routinely handles cases involving environmental permitting, enforcement proceedings, agency rulemaking, and litigation. He has worked extensively with loc;al, regional, state, and federal environmental agencies. He has repres~nted counties, municipalities, environmental organizations, and private developers in a wide variety of cases throughout Florida. Mr. Dee has successfully handled major, complex cases involving electrical power plants, industrial facilities, landfills, resource recovery (waste-to-energy) facilities, cogeneration facilities, CERCLA (Superfund) sites, industrial and domestic wastewater treatment plants, mines, port expansion projects, groundwater contamination, and dredge and fill activities.

Mr. Dee received a Bachelor of Arts degree in 1974 from Emory University and a Juris Doctor degree with high honors in 1979 from Florida State University. He is a member of several honorary organizations, including Phi Beta Kappa, Omicron Delta Kappa, and the Order of the Coif. He has been selected for several Who's Who publications, Outstanding Young Men in Americ!!, Florida Super Lawyers, Leading Florida Attorneys, The Best Attorneys Network, America's Leading Lawyers· for Business, and The Best Lawyers in America. Mr. Dee was selected by Best Attorneys as the 2012 "Attorney Of The Year" in Tallahassee in the area of Environmental Litigation.

He has been admitted to practice in all of the state and federal courts in Florida, plus the U.S. Courts of Appeals for the 11th Circuit and the District of Columbia. He has an "Av" rating in the Martindale-Hubbell legal directory.

Mr. Dee was the Chairman of the Environmental and Land Use Law Section of the Florida Bar Association. He served on the Section's Executive Council for eight years. Mr. Dee has lectured at more than I 00 environmental law seminars, including programs conducted by the Florida Bar Association, the Florida Chamber of Commerce, and other state and national organizations.

Mr. Dee is the Chairman of the Advisory Board for the University of Florida's Hinkley Center for Solid and Hazardous Waste Management. He is an active member of the Florida Chapter of the Solid Waste Association of North America (SWANA). Mr. Dee received SW ANA Professional Achievei:nent Awards in 1990 and 1993. He also has worked with the

279

DavidS.Dee Page2

U.S. Conference of Mayors and its affiliate, the Municipal Waste Management Association, on regulatory issues. In 2006, Mr. Dee successfully completed the TREEO training course for landfill operators.

Mr. Dee is a graduate of the Leadership Tallahassee and Leadership Florida programs, which are sponsored by the Tallahassee and Florida Chambers of Commerce, respectively. He served two terms on the Board of Regents for Leadership Florida. Mr. Dee was a member of the Board of Directors of Goodwill Industries of the Big Berni, Inc., for nine years and served as the President of the Board. He served on the Board of Directors for the Tallahassee Chapter of the American Red Cross. Mr. Dee was a volunteer in the American Peace Corps in Nepal and Ethiopia

Mr. Dee has significant experience with the Florida Electrical Power Plant Siting Aet ("PPSA") and many of the other environmental regulations applicable to electrical generating facilities. He has handled the permitting of many major construction projects involving electrical generating facilities, including new facilities on "green field" sites. He also routinely works on state and federal issues involving major sources of air pollution, including permits issued pursuant to the program for the prevention of significant deterioration ("PSD") of air quality. For example, in 2010 Mr. Dee helped Gainesville Renewable Energy Center, LLC obtain the PPSA and PSD approvals for a new electrical power plant that will burn biomass (wood) to generate 100 megawatts ("MW") of electricity for Gainesville Regional Utilities. In 2010-11 Mr. Dee also helped the Solid Waste Authority of Palm Beach County obtain the PSD permit and PPSA approval for a new resource recovery facility (a/k/a waste-to-energy facility) that will burn 3,000 tons per day of municipal solid waste to generate approximately 100 MW of electricity.

Mr. Dee has considerable experience with solid .waste management issues. Among other things, Mr. Dee:

(a) obtained the state and federal environmental permits for Pasco County's resource recovery facility, Class I landfill, and associated facilities;

(b) obtained the state and federal environmental permits for Hillsborough County's resource recovery facility (Units 1-3) and expansion (Unit 4);

( c) obtained the state and federal permits for Lee County's resource recovery facility (Units 1 and 2) and expansion (Unit 3);

(d) obtained the state and federal permits for two biomass-fired cogeneration facilities (Okeelanta and Osceola) in Palm Beach County, as well as the PPSA and PSD approvals for the expansion of the Okeelanta facility, and the PPSA approval for the Class I landfill that will receive the ash generated by the Okeelanta facility;

280

DavidS. Dee Page3

( e) obtained the PPSA and PSD approvals for major retrofits of the Pinellas County resource recovery facility, as well as the PSD permit for a major retrofit of the City of Tampa's resource recovery facility;

(±) obtained the solid waste permit for the construction of Hillsborough County's Class I Southeast Landfill;

(g) obtained the solid waste permit for the expansion of Hernando County's Croom Road Class I landfill;

(h) obtained the solid waste permit for the construction of Hernando County's Northwest Landftll;

(i) obtained the solid waste permits for the closure of St. Johns County's Class I landfill and the construction of a new Class I landfill;

G) obtained all of the environmental permits for a new regional landfill serving Lee and Hendry Counties;

(k) obtained all of the environmental permits for a new regional landfill in Osceola County;

(1) obtained the solid waste permit and ERP for a new regional landfill in Sumter County;

(m) successfully opposed the issuance of the permits for the City of Jacksonville's proposed Class I Southeast Landfill;

(n) successfully opposed the permits for the expansion of the Class I Baker Landfill in Okaloosa County;

( o) assisted Escambia County with numerous regulatory issues affecting the County's active Perdido Landfill and several closed landfills;

(p) obtained the permits for two new landfills in Charlotte County for construction and demolition debris;

(q) assisted a private company obtain solid waste permits for the construction of a solid waste composting facility;

(r) assisted with the preparation of Dade County's solid waste master plan;

281

DavidS. Dee Page4

(s) represented various local governments in rulemaking proceedings concerning DEP solid waste regulations, including the DEP landfill rules in Chapter 62-701 and the ash rules in Chapter 62-702, Florida Administrative Code;

(t) assisted many local governments with their efforts to evaluate solid waste "flow control" issues;

(u) assisted many local governments with the development of solid waste ordinances, franchise agreements, collection contracts, and other contracts involving solid waste issues;

(v) assisted Alachua County with the drafting and negotiation of a contract for the design, permitting, construction, and operation of a transfer station;

(w) assisted Leon County and the City of Key West with the preparation of requests for proposals ("RFP") and contracts for the transport and disposal of solid waste;

(x) assisted Martin County, Collier County, and Alachua County with the negotiation and preparation of contracts for the transport and disposal of solid waste;

(y) represented local governments before the Florida Legislature on a variety of issues, including legislation that would: create a moratorium on resource recovery facilities; authorize the beneficial reuse of ash; restrict local governments' ability to manage solid waste; and create new requirements for construction and demolition debris landfills;

(z) represented Lee County in formal administrative hearings that resulted in the issuance of a DEP renewal permit for the continued operation of the Gulf Coast Class I Landfill;

(aa) represented Leon County and TLA-Cambridge, LLC, respectively, in formal administrative hearings that resulted in the issuance of the DEP permits for the construction of their proposed transfer stations;

(bb) served on the City of Key West's Technical Advisory Committee for solid waste issues; and

(cc) assisted St. Lucie County and other communities with their efforts to evaluate plasma arc gasification and other waste conversion technologies.

282

Davids. Dee Page 5

Employment Histozy

2006-August 2011 Young van Assenderp, P.A.

1995-2005 Landers & Parsons, P.A.

1981-1995 Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A.

1979-1981 Hopping Boyd Green & Sams, P.A.

283

INDIAN RIVER COUNTY


BOARD MEMORANDUM

Date: December 12, 2011

To:

Thru:

From:

Subject:


W. Erik Olson, Director of Utility Services

Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District

Request for General Funds- PACE Project and Other Community Projects

BACKGROUND:

The Solid Waste Disposal District (SWDD) has in the past used the General Fund to cover the disposal cost for fees associated with community projects including the Indian River County Health Department Division of Environmental Health's PACE (Protocol for Assessing Community Excellence) program. The PACE project focuses on identifying issues in a community, one of which is abandoned homes. These abandoned homes are safety and health hazards, and provide safe havens for drug dealers. It has been determined that there are several homes that need to be demolished in order to affect the well-being of the community. Other community projects include removing illegal public dumping and Keep Indian River Beautiful's (KIRB) cleanup projects that involve volunteers throughout our community. Last fiscal year, the Board approved an allocation of $15,000 from the General Fund which was utilized for disposal of 8 demolished homes and other cleanup projects totaling approximately 358 tons or 716,500 pounds. The PACE project utilized $9,638 last year and $508 was used for other cleanup /illegal dumping projects with the remaining unused funding of $4,854.

SWDD has received the attached request from Cheryl Dunn, Environmental Manager at the Health Department, for an allocation of $10,000 for next year. Staff is also recommending an additional $1,000 to cover other cleanup/illegal dumping projects.

ANALYSIS:

Each project will have labor and machinery donated toward this effort. It is the request of the partners involved in each project that the Board of County Commissioners allocates funds to cover associated landfill fees. This will include disposal of debris from the demolition and reconstruction of homes involved in the PACE project, and illegal public dumping debris that is cleaned up County/SWDD staff or by volunteers put together by KIRB. The total estimated landfill fees are not expected to exceed $11,000.00 for all projects involved in clean-up efforts.

RECOMMENDATION:

Staff recommends the Board of County Commission authorize up to $11,000.00 be donated to the project from the General Fund Reserve for Contingencies for the sole purpose of paying associated landfill fees.

ATTACHMENTS: Letter from Health Department

Indian River Co.

Administration

Josep A. Baird, County Administrator SWDD Director

F : ,lll&Nriq ,2(1/ I Date

Budget

Legal

SWDD Agenda -Request for General Funds- PACE Project and Other Community Project 2011 Page-1- 284

HEALT Rick Scott

· ·6ovemor

H. Frank Fanner, Jr., MD, PhD, FACP ·state Surgeon General

INDIAN RlvER COUNTY HEALTH DEPARTMENT·

December 9, 2011 ·

Himanshu Mehta Indian River County Solid Waste Disposal District . 1801 27t11 St. . . . . Vero Beach, FL a2960

· Re: Landfill Fee Allocation

Dear Himanshu,

Since April 2009, the Indian River County Health Department Division of Environmental Health has been implementing the Protocol for Assessing Community Excellence in Environmental Health (PACE EH) in the Gifford community. One of the top issues that has been identified by residents and the health department is abandoned homes. These abandoned homes are safety and health hazards, and· provide safe havens for drug dealers.

In addition to PACE EH, Environmental Health responds to complaints associated with abandoned homes throughout the county. This type of complaint response has increased with the current economic stress on the community.

Last year, the Commission allocated $10,000 to assist with landfill fees while labor and equipment were donated by private contractors in order to assist the very low income owners with demolishing the hazardous structures. ·

It has been determined that there are other abandoned structures and illegal dumping sites that need to be demolished and cleaned up to improve the well-being of the community. It is the request of the partners involved that the County Commission allocate funds to cover associated landfill fees. The total associated landfill fees are not expected to exceed $9,000.

Sincerely,

{¾_f ~~ 8 ~ Cheryl L. Dunn, R.S. Environmental Manager

cc Miranda c, Hawker County Health Department Administrator

Miranda C. Hawker, M.P.H. County Health Department Administrator 1900 27th Street Vero Beach, FL 32960-3383

Telephone: 772-794-7400 Fax: 772-794-7453

Website: www.myirchd.com

I --- ~----- i

285

October 11, 2011 1

JEFFREY K. BARTON

Clerk to the Board

INDEX TO MINUTES OF REGULAR MEETING

OF BOARD OF COUNTY COMMISSIONERS

OCTOBER 11, 2011

1. CALL TO ORDER .............................................................................................................................. 1

2. INVOCATION .................................................................................................................................... 1

3. PLEDGE OF ALLEGIANCE ............................................................................................................ 1

4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE ..................... 2

5. PROCLAMATIONS AND PRESENTATIONS .............................................................................. 2

5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD TO WAYNE

SCHASANE ON HIS RETIREMENT FOR THIRTY-SEVEN YEARS OF SERVICE IN THE

DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE ............................................ 2

5.B. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 9 – 15, 2011, AS

FIRE PREVENTION WEEK ......................................................................................... 2

5.C. PRESENTATION BY JIM EGAN, EXECUTIVE DIRECTOR, MARINE RESOURCES

COUNCIL – “BE WATER WISE BEFORE YOU FERTILIZE” ........................................... 2

5.D. PRESENTATION BY JASON NUNEMAKER, CITY MANAGER, CITY OF FELLSMERE

REGARDING TIGER3 GRANT APPLICATION FOR BALANCE OF TRANS-FLORIDA

CENTRAL RAIL-TRAIL GREENWAY .......................................................................... 3

October 11, 2011 2

6. APPROVAL OF MINUTES .............................................................................................................. 3

6.A. MEETING OF AUGUST 16, 2011 ................................................................................ 3

6.B. MEETING OF SEPTEMBER 6, 2011 ............................................................................. 3

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING

BOARD ACTION - NONE ................................................................................................................ 4

8. CONSENT AGENDA ........................................................................................................................ 4

8.A. APPROVAL OF WARRANTS AND WIRES – SEPTEMBER 23, 2011 TO SEPTEMBER

29, 2011 ................................................................................................................. 4

8.B. INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS LESLIE R. SWAN

MEMORANDUM OF AGREEMENT AND CERTIFICATE REGARDING MATCHING

FUNDS FOR THE FEDERAL ELECTION ACTIVITIES FUNDS .......................................... 4

8.C. RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED FOR 66TH AVENUE

AND 37TH STREET RIGHT-OF-WAY ............................................................................ 5

8.D. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2011/2012 EDWARD BYRNE

MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM ....................................... 5

8.E. LINDA SCHUPP BREEN, EDWARD EDMISTEN AND ROBERT EDMISTEN’S

REQUEST FOR PARTIAL RELEASE OF AN EASEMENT AT 416 14TH AVENUE

(ROYAL POINCIANA PARK SUBDIVISION, UNIT 2) ..................................................... 6

8.F. SCOTT AND DENISE KENNEY’S REQUEST FOR PARTIAL RELEASE OF AN

EASEMENT AT 5165 ROSEWOOD LANE (ROSEWOOD COURT SUBDIVISION) ................ 6

8.G. F.D.O.T. LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT AND

RESOLUTION AUTHORIZING THE CHAIRMAN’S SIGNATURE FPN NO. 423186-1-

58-01, OLD DIXIE HIGHWAY SIDEWALK FROM 38TH LANE TO 65TH STREET, IRC

PROJECT NO. 0845 .................................................................................................. 6

8.H. AWARD OF BID # 2011057, BRIDGE REPLACEMENT AND ROADWAY

IMPROVEMENTS 82ND AVENUE AT 4TH STREET – IRC PROJECT NO. 0208 .................... 7

8.I. WORK ORDER NO. 1 – MASTELLER, MOLER, REED AND TAYLOR, INC., NORTH

COUNTY TRANS FLORIDA RAIL CORRIDOR FROM 104TH AVENUE TO SEBASTIAN

RIVER MIDDLE SCHOOL, IRC PROJECT NO. 0923B – FINAL PAY AND RELEASE

OF RETAINAGE ........................................................................................................ 7

8.J. INTERFUND BORROWING ......................................................................................... 8

October 11, 2011 3

8.K. HOLIDAY SCHEDULE FOR INDIAN RIVER COUNTY LIBRARY SYSTEM, INDIAN

RIVER COUNTY PUBLIC SHOOTING RANGE, AND NORTH COUNTY AQUATIC

CENTER .................................................................................................................. 8

9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE ................... 9

10. PUBLIC ITEMS .................................................................................................................................. 9

10.A. PUBLIC HEARING(S) - NONE ............................................................................... 9

10.B. PUBLIC DISCUSSION ITEMS - NONE ................................................................... 9

10.C. PUBLIC NOTICE ITEMS ..................................................................................... 10

10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING DATED OCTOBER 18, 2011: NOTICE

OF FINAL PUBLIC HEARING SCHEDULED RELATING TO REDISTRICTING OF

INDIAN RIVER COUNTY COMMISSIONER DISTRICTS SCHEDULED FOR OCTOBER

18, 2011 IN THE COUNTY COMMISSION CHAMBERS (LEGISLATIVE) ........................ 10

11. COUNTY ADMINISTRATOR MATTERS - NONE ....................................................................10

12. DEPARTMENTAL MATTERS ......................................................................................................10

12.A. COMMUNITY DEVELOPMENT - NONE ...................................................................... 10

12.B. EMERGENCY SERVICES - NONE .............................................................................. 10

12.C. GENERAL SERVICES - NONE .................................................................................. 10

12.D. HUMAN RESOURCES - NONE .................................................................................. 10

12.E. HUMAN SERVICES - NONE ..................................................................................... 10

12.F. LEISURE SERVICES - NONE .................................................................................... 10

12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ..................................................... 10

12.H. RECREATION - NONE ............................................................................................. 11

12.I. PUBLIC WORKS - NONE ......................................................................................... 11

12.J. UTILITIES SERVICES - NONE .................................................................................. 11

13. COUNTY ATTORNEY MATTERS - NONE ................................................................................11

14. COMMISSIONER ITEMS ...............................................................................................................11

October 11, 2011 4

14.A. COMMISSIONER BOB SOLARI, CHAIRMAN .............................................................. 11

14.A.1. PUBLIC DISCUSSION .............................................................................................. 11

14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE ................................ 13

14.C. COMMISSIONER WESLEY S. DAVIS - NONE ............................................................. 13

14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE ........................................................ 13

14.E. COMMISSIONER PETER D. O’BRYAN - NONE .......................................................... 13

15. SPECIAL DISTRICTS AND BOARDS .........................................................................................13

15.A. EMERGENCY SERVICES DISTRICT - NONE ............................................................... 13

15.B. SOLID WASTE DISPOSAL DISTRICT - NONE ............................................................ 13

15.C. ENVIRONMENTAL CONTROL BOARD - NONE ........................................................... 13

16. ADJOURNMENT .............................................................................................................................13

October 11, 2011 1

JEFFREY K. BARTON

Clerk to the Board

October 11, 2011

REGULAR MEETING OF THE BOARD OF COUNTY

COMMISSIONERS

The Board of County Commissioners of Indian River County, Florida, met in Regular

Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on

Tuesday, October 11, 2011. Present were Chairman Bob Solari, Vice Chairman Gary C.

Wheeler, Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O’Bryan. Also

present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr.,

and Deputy Clerk Leona Adair Allen.

1. CALL TO ORDER

Chairman Solari called the meeting to order at 9:00 a.m.

2. INVOCATION

Stan Boling, Planning Director, delivered the Invocation.

3. PLEDGE OF ALLEGIANCE

Vice Chairman Wheeler led the Pledge of Allegiance to the Flag.

October 11, 2011 2

4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS

- NONE

5. PROCLAMATIONS AND PRESENTATIONS

5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD TO WAYNE

SCHASANE ON HIS RETIREMENT FOR THIRTY-SEVEN YEARS OF SERVICE

IN THE DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE

Chairman Solari read and presented the Proclamation and Retirement Award to Wayne

Schasane.

5.B. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 9 – 15, 2011,

AS FIRE PREVENTION WEEK

Commissioner O’Bryan read and presented the Proclamation to Emergency Management

Coordinator Dale Justice.

5.C. PRESENTATION BY JIM EGAN, EXECUTIVE DIRECTOR, MARINE

RESOURCES COUNCIL – “BE WATER WISE BEFORE YOU FERTILIZE”

Executive Director of Marine Resources Council Jim Egan used a PowerPoint

presentation (on file) to educate and voice concerns over the use of fertilizer and its negative

effects on soil, water bodies, and the lagoon. He suggested the County pass a model fertilizer

ordinance that would restrict phosphorus in lawn fertilizers, increase the use of slow release

nitrogen, and restrict fertilizing during wet weather periods.

October 11, 2011 3

5.D. PRESENTATION BY JASON NUNEMAKER, CITY MANAGER, CITY OF

FELLSMERE REGARDING TIGER3 GRANT APPLICATION FOR BALANCE OF

TRANS-FLORIDA CENTRAL RAIL-TRAIL GREENWAY

Fellsmere City Manger Jason Nunemaker provided the Board with an update on some

recent developments in Fellsmere. He thereafter requested the County consider:

(1) participating in a joint partnership, (2) providing in-kind services, and (3) matching funds

with the City of Fellsmere, for a grant through the Transportation Investment Generating

Economic Recovery Federal Grant Program, known as Tiger3, for construction and

improvements to the Trans-Florida Central Rail-Trail Greenway.

ON MOTION by Commissioner Davis, SECONDED by

Chairman Solari, the Board unanimously directed staff to

bring this item back to the October 18, 2011 Board of

County Commission meeting with recommendations

analyzing the project and availability of funds.

6. APPROVAL OF MINUTES

6.A. MEETING OF AUGUST 16, 2011

6.B. MEETING OF SEPTEMBER 6, 2011

The Chairman asked if there were any corrections or additions to the Minutes of the

Meetings of August 16, 2011, or September 6, 2011. There were none.

ON MOTION by Commissioner O’Bryan, SECONDED

by Vice Chairman Wheeler, the Board unanimously

approved the Minutes of August 16, 2011, and September

6, 2011, as written.

October 11, 2011 4

7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS

NOT REQUIRING BOARD ACTION - NONE

8. CONSENT AGENDA

8.A. APPROVAL OF WARRANTS AND WIRES – SEPTEMBER 23, 2011 TO

SEPTEMBER 29, 2011

ON MOTION by Commissioner Flescher, SECONDED

by Commissioner Davis, the Board unanimously approved

the list of Warrants and Wires as issued by the Clerk to the

Board for the time period of September 23, 2011, to

September 29, 2011, as requested in the memorandum of

September 29, 2011.

8.B. INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS LESLIE R. SWAN

MEMORANDUM OF AGREEMENT AND CERTIFICATE REGARDING

MATCHING FUNDS FOR THE FEDERAL ELECTION ACTIVITIES FUNDS



and authorized the Chairman to execute the Certificate

regarding matching funds for the Federal Election

Activities Grant for FY 2011-2012, to the Supervisor of

Elections, in an amount equal to at least 15% of the

amount to be received from the State, which for Indian

River County is $2,430.99, as requested in the letter dated

October 5, 2011.

October 11, 2011 5

AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

8.C. RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED FOR 66TH

AVENUE AND 37TH STREET RIGHT-OF-WAY



Resolution 2011-092 cancelling certain taxes upon

publicly owned lands, pursuant to Section 196.28, Florida

Statutes.

(Hale Family 1999 Limited Partnership right-of-way for

66th Avenue and 37th Street)

8.D. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2011/2012 EDWARD

BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM



the Certificate of Acceptance of Subgrant Award for the

Multi-Agency Criminal Enforcement Unit Grant in the

amount of $57,934.00, as recommended in the

memorandum of October 4, 2011.

DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD

October 11, 2011 6

8.E. LINDA SCHUPP BREEN, EDWARD EDMISTEN AND ROBERT EDMISTEN’S

REQUEST FOR PARTIAL RELEASE OF AN EASEMENT AT 416 14TH AVENUE

(ROYAL POINCIANA PARK SUBDIVISION, UNIT 2)



Resolution 2011-093, releasing a portion of an easement

on Lots 1 and 2, Block 20, Royal Poinciana Park

Subdivision, Unit 2.

8.F. SCOTT AND DENISE KENNEY’S REQUEST FOR PARTIAL RELEASE OF AN

EASEMENT AT 5165 ROSEWOOD LANE (ROSEWOOD COURT SUBDIVISION)



Resolution 2011-094, releasing a portion of an easement

of Lot 28, Rosewood Court Subdivision.

8.G. F.D.O.T. LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT

AND RESOLUTION AUTHORIZING THE CHAIRMAN’S SIGNATURE FPN NO.

423186-1-58-01, OLD DIXIE HIGHWAY SIDEWALK FROM 38TH LANE TO

65TH STREET, IRC PROJECT NO. 0845



Resolution 2011-095, authorizing execution of a

Supplemental Agreement for the sidewalk construction on

Old Dixie Highway from 38th Lane to 65th Street, with the

State of Florida, Department of Transportation.

October 11, 2011 7


8.H. AWARD OF BID # 2011057, BRIDGE REPLACEMENT AND ROADWAY

IMPROVEMENTS 82ND AVENUE AT 4TH

STREET – IRC PROJECT NO. 0208



the bid award to Lucas Marine Acquisition Co., Inc., for

bridge replacement and roadway improvements on 82nd

Avenue at 4th Street, in the amount of $1,068,106.00, as

recommended in the memorandum of September 27, 2011.

8.I. WORK ORDER NO. 1 – MASTELLER, MOLER, REED AND TAYLOR, INC.,

NORTH COUNTY TRANS FLORIDA RAIL CORRIDOR FROM 104TH AVENUE

TO SEBASTIAN RIVER MIDDLE SCHOOL, IRC PROJECT NO. 0923B –

FINAL PAY AND RELEASE OF RETAINAGE



payment of Masteller, Moler, Reed and Taylor, Inc.,

Invoice 3404-9795, dated September 27, 2011, in the

amount of $4,158.16, for final payment and release of

retainage, as recommended in the memorandum of

September 30, 2011.

October 11, 2011 8

8.J. INTERFUND BORROWING



interfund borrowing as necessary to cover any cash

deficits of individual funds that may occur, as

recommended in the memorandum of October 4, 2011.

8.K. HOLIDAY SCHEDULE FOR INDIAN RIVER COUNTY LIBRARY SYSTEM,

INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE, AND NORTH COUNTY

AQUATIC CENTER



the following holiday schedules for Veterans’ Day,

Thanksgiving, Christmas and New Year’s holidays for the

Libraries, Shooting Range and Aquatic Center (pool), as

stated below, posted on the County web site, and posted at

the respective County facilities, as recommended in the

memorandum of October 3, 2011.

The Main Library will be closed on Veteran’s Day,

November 11; Thanksgiving, November 24 and 25;

Christmas, December 24 through December 26; and New

Year’s, January 1 and 2, 2012 (open December 31, 2011).

October 11, 2011 9

The North County, Gifford, and Brackett Libraries will be

closed on Veteran’s Day, November 11; Thanksgiving,

November 24 and 25; Christmas, December 24 through

December 26; and New Year’s, December 31 through

January 2, 2012.

The Law Library will be closed on Veteran’s Day,

November 11; Thanksgiving, November 24 and 25;

Christmas, December 24 through December 26; and New

Year’s, December 31 through January 2, 2012.

The Shooting Range will be open on Veteran’s Day,

November 11; closed on November 24 and 25; Christmas,

December 25 and 26; and New Year’s, January 1, 2012

(open December 31 and January 2, 2012).

The Acquatic Center (pool) will be open on Veteran’s

Day, November 11; closed on November 24 and 25;

Christmas, December 23 through December 26; and open

December 31 through January 2, 2012.

9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL

AGENCIES - NONE

10. PUBLIC ITEMS

10.A. PUBLIC HEARING(S) - NONE

10.B. PUBLIC DISCUSSION ITEMS - NONE

October 11, 2011 10

10.C. PUBLIC NOTICE ITEMS

10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING DATED OCTOBER 18, 2011:

NOTICE OF FINAL PUBLIC HEARING SCHEDULED RELATING TO

REDISTRICTING OF INDIAN RIVER COUNTY COMMISSIONER DISTRICTS

SCHEDULED FOR OCTOBER 18, 2011 IN THE COUNTY COMMISSION

CHAMBERS (LEGISLATIVE)

County Attorney Polackwich read the notice into the record.

11. COUNTY ADMINISTRATOR MATTERS - NONE

12. DEPARTMENTAL MATTERS

12.A. COMMUNITY DEVELOPMENT - NONE

12.B. EMERGENCY SERVICES - NONE

12.C. GENERAL SERVICES - NONE

12.D. HUMAN RESOURCES - NONE

12.E. HUMAN SERVICES - NONE

12.F. LEISURE SERVICES - NONE

12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE

October 11, 2011 11

12.H. RECREATION - NONE

12.I. PUBLIC WORKS - NONE

12.J. UTILITIES SERVICES - NONE

13. COUNTY ATTORNEY MATTERS - NONE

14. COMMISSIONER ITEMS

14.A. COMMISSIONER BOB SOLARI, CHAIRMAN

14.A.1. PUBLIC DISCUSSION

Chairman Solari conveyed that he had recently become aware of a series of e-mails

between Indian River County activist Dr. Stephen Faherty and Barry Moline, an out-of-town

lobbyist for the Florida Municipal Electric Association (FMEA), which led him to believe the

FMEA lobbyist was attempting to stifle public discussion on the important issue regarding the

sale of the City of Vero Beach electric utility. He read a few lines from the e-mail

correspondence between Dr. Faherty and Mr. Moline (in the Agenda Packet), and concluded that

there was a threat by the FMEA lobbyist to sue Dr. Faherty.

County Attorney Polackwich believed citizens should have the right to speak freely and

openly on such issues without fear of litigation. He revealed that if an organization tries to sue,

they would need to overcome a high hurdle of proving actual malice; and he did not believe the

comments in the e-mails had risen to the level of defamation for which FMEA could file suit.

Chairman Solari commented on Mr. Faherty’s integrity, and did not appreciate a

Tallahassee lobbyist coming to Indian River County and threatening one of its citizens.

October 11, 2011 12


Vice Chairman Wheeler, the Board unanimously found

that the Lobbyist was stifling public discussion regarding

the City of Vero Beach electric utility issue.

Bea Gardner questioned why the County Attorney was giving an opinion on the e-mails

since they were from a private citizen. She did not feel it was proper for a taxpayer to come to

the Board to receive an opinion from the County Attorney, and did not believe the County

Attorney should be spending his time or the taxpayers’ money on this issue.

Chairman Solari clarified that all the citizens of Indian River County were being

represented, and wanted this to be made public so the stifling would stop.

Commissioner O’Bryan stressed that 60% of the electric utility customers are County

residents, which is a broad significance to the Board. He also revealed that the County is a

customer of city electric, which means every taxpayer in the County pays for the County’s

electric bill. He felt there was significant public interest in the proposed sale of the City electric

utility; which justifies the Board and staff’s involvement.

Commissioners Davis, Wheeler, and Flescher reiterated Commissioner O’Bryan’s

comments, and believed this was a County issue of utmost public concern.

County Attorney Polackwich disclosed that as a County Attorney, he does not get

involved in private citizen disputes, and solely takes direction from the Board of County

Commissioners. He said if Dr. Faherty had called him and asked for an opinion, he would not

have provided it. He also noted that when the Chairman put this item on the Agenda, his staff

invested about two hours on the issue to ensure he was prepared to discuss it.

October 11, 2011 13


Commissioner Flescher, the Board unanimously approved

that a letter be sent to Barry Moline stating that the Board

found his actions to be repugnant.

14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE

14.C. COMMISSIONER WESLEY S. DAVIS - NONE

14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE

14.E. COMMISSIONER PETER D. O’BRYAN - NONE

15. SPECIAL DISTRICTS AND BOARDS

15.A. EMERGENCY SERVICES DISTRICT - NONE

15.B. SOLID WASTE DISPOSAL DISTRICT - NONE

15.C. ENVIRONMENTAL CONTROL BOARD - NONE

ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE

OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES

16. ADJOURNMENT

October 11, 2011 14

There being no further business, the Chairman declared the meeting adjourned at

10:00 a.m.

ATTEST:

_________________________________ ________________________________

Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman

(Clerk’s Note: These minutes were signed by the current Chairman at the time of the Board’s

approval.)

Minutes Approved: _________________

BCC/LA/2011 Minutes

October 18, 2011 1

JEFFREY K. BARTON

Clerk to the Board

October 18, 2011


MEETING MINUTES

The Board of Commissioners of the Solid Waste Disposal District met at the County

Commission Chambers, 1801 27th Street, Vero Beach, Florida, on Tuesday, October 18, 2011.

Present were Chairman Bob Solari, Vice Chairman Gary C. Wheeler, Commissioners Wesley S.

Davis, Joseph E. Flescher, and Peter D. O’Bryan. Also present were County Administrator Joseph

A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Maureen Gelfo.

Chairman Solari called the meeting to order at 11:58 a.m.

15.B.1. APPROVAL OF MINUTES MEETING OF AUGUST 16, 2011

15.B.2. APPROVAL OF MINUTES MEETING OF SEPTEMBER 6, 2011

The Chairman asked if there were any corrections or additions to the Minutes of the

SWDD Meetings of August 16 or September 6, 2011. There were none.

ON MOTION by Vice Chairman Wheeler, SECONDED

by Commissioner Flescher, the Board unanimously

approved the Minutes of the SWDD Meetings of August

16 and September 6, 2011, as written.

October 18, 2011 2

15.B.3. AMENDMENT NO. 2 TO WORK ORDER NO. 29 TO GEOSYNTEC

TO IMPLEMENT THE FDEP APPROVED REMEDIAL ACTION

PLAN MODIFICATION AT THE FORMER SOUTH GIFFORD ROAD

LANDFILL

Himanshu Mehta, Managing Director, Solid Waste Disposal District, provided

background on staff’s recommendation for approval of Amendment No. 2 to Work Order No. 29

with Geosyntec to implement the Remedial Action Plan Modification (RAPM) developed to

mitigate the chlorinated volatile organic compound (CVOC) plume at the former South Gifford

Road Landfill. He revealed that the FDEP approved the RAPM on September 20, 2011, and

requested plan implementation by October 21, 2011.


by Chairman Solari, the Board unanimously approved and

authorized the Chairman to execute Amendment No. 2 to

Work Order No. 29 authorizing Geosyntec Consultants,

Inc., to implement the Florida Department of

Environmental Protection (FDEP) approved Remedial

Action Plan Modification, with a not-to-exceed fee of

$148,883, as recommended in the memorandum of

October 7, 2011.


October 18, 2011 3

15.B.4. FINAL PAY & RELEASE OF RETAINAGE TO GUETTLER

BROTHERS, LLC – BID NO. 2011027 FOR INDIAN RIVER

COUNTY PHASE I SITE PREPARATION FOR CELL 1

CONSTRUCTION

ON MOTION by Commissioner O’Bryan, SECONDED

by Commissioner Flescher, the Board unanimously

approved the release of retainage and final payment in the

amount of $202,338.95 to Guettler Brothers Construction,

LLC, as recommended in the memorandum of October 5,

2011.

15.B.5. CONSTRUCTION & DEMOLITION DEBRIS RECYCLING AT IRC

LANDFILL

Director Mehta reported that in January 2010, the State adopted legislation requiring

Construction & Demolition (C&D) debris to be separated from the Municipal Solid Waste

(MSW) at the landfill, and the County has until November 1, 2011 to implement the requirement.

He described the proposed six-month pilot program whereby the landfill contractor, Republic

Services (a/k/a Treasure Coast Refuse), would extract metal, cardboard, and concrete from the

waste stream for recycling purposes, for $16.49 per ton, with a credit of $13.99 per ton for all

processed material recycled offsite, and a 10% sharing of revenues on the recyclables. He

explained that according to the amount recycled, the County’s costs would increase (less

recycling) or decrease (more recycling); thus, SWDD staff was recommending that Republic

Services strive for a recycling rate of at least 15%. Director Mehta thereafter presented staff’s

recommendation to approve the six-month pilot project for C&D recycling, with staff to bring

back an amendment to Republic Services’ contract at a future date.

October 18, 2011 4

Director Mehta addressed the Board’s comments and questions regarding the 15%

minimum recycling requirement; the possibility of issuing a Request for Proposal for a private

facility to undertake the C&D recycling; and whether the concrete debris could be stored in a

separate area for future use.

Todd Westover, Republic Services of Florida, assured the Board he would do his utmost

to recycle the maximum amount; however, he could not sanction the 15% minimum recycling

requirement due to the unpredictability of the recycling stream.

Administrator Baird stressed that the 15% minimum recycling requirement was necessary

in order to control SWDD rates. He revealed that he had been unaware of Mr. Westover’s view

until today, and suggested that the Board reconsider the subject matter on Tuesday, November 1,

2011.

Director Mehta advised that if the Board wanted to table this matter at this time, he would

request a permit requirement extension from the FDEP.

Vice Chairman Wheeler suggested that the Board reconsider this item at the first meeting

of November 2011.

ON MOTION by Vice Chairman Wheeler, SECONDED

by Commissioner Davis, the Board unanimously

TABLED this item until the regularly scheduled Board of

County Commission meeting of November 1, 2011.

October 18, 2011 5

ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE

OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES

There being no further business, the Chairman declared the meeting adjourned at 12:32

p.m.

ATTEST:

_________________________________ ________________________________

Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman

(Clerk’s Note: These minutes were signed by the current Chairman at the time of the

Board’s approval.)

Minutes Approved: _________________

SWDD/MG/2011Minutes

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