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11/10/2020
CORN t BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 10, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman Susan Adams Jason E. Brown, County Administrator Vice Chairman Joseph E. Flescher Dylan Reingold, County Attorney Commissioner Tim Zorc Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Peter D. O'Bryan Commissioner Bob Solari This meeting can be attended virtually via Zoom. Instructions can be found with this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.13. INVOCATION Pastor Gregory Shreaves, Living Lord Lutheran Church 3. PLEDGE OF ALLEGIANCE Jason Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Tim Zorc, Commissioner of District 3 Attachments: Proclamation 5.13. Presentation of Proclamation Honoring Bob Solari, Commissioner of District 5 Attachments: Proclamation 5.C. Presentation of Proclamation Designating November 1 lth, 2020, as Veterans Day Attachments: Proclamation November 1.0, 2020 Page 1 of 6 6. APPROVAL OF MINUTES 6.A. Budget Workshop Meeting of July 15, 2020 6.B. Regular Meeting of August 18, 2020 6.C. Regular Meeting of September 15, 2020 6.D. Preliminary Budget Hearing Meeting Minutes of September 16, 2020 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Deborah Rafuls on Her Retirement From Indian River County Board of County Commissioners Department of General Services North Indian River County Library with Thirty Years of Service Attachments: Proclamation _ 7.B. Order PSC -2020 -0398 -PCO -EI suspending FPL's tariff; docket to remain open pending Commission's final action. Attachments: 11503-2020 7.C. Update on Brightline Trains Expenses Attachments: Staff Report Brightline Trains Expenses 7.D. Indian River County Venue Event Calendar, Review Attachments: Venue Event Calendar Review 8. CONSENT AGENDA 8.A. First Amendment to Agreement for Visitor and Tourism Study Attachments: Staff Report First Amendment to Agreement 8.B. Award of Annual Bid 2021004 for Mowing at Fire Rescue Stations Attachments: Staff Report 8.C. Florida State University - Sea Turtle Lighting Study Attachments: Staff Report STLP Grant Letter of Support 8.D. Grant Application . for Funding Assistance from the State of Florida Beach Erosion' Control Program - FY 2021/2022 Attachments: Staff Report Sector 3 Funding Resolution November 10, 2020 Page 2 of 6 8.E. Corrective Resolution for Release of an Easement Located at 3755 9th Street SW Attachments: Staff Report Proposed Corrective Resolution 8.F. First Amendment.. to Agreement between .Indian River County, Florida, and Vero Beach MOB, LLC, for Vero Beach Medical Office Building Attachments: Staff Report First Amendment to Agreement Vero Beach MOB LLC 8.G. Resolutions Cancelling Taxes on Properties Purchased for Public Purpose (58th Avenue Right -Of -Way from Paulette Brown, an, unmarried woman; and 45th Street/Old Dixie Highway Right -Of -Way Comerclip from Gene Perry, Joined by his Spouse, Iva J. Powell; and Kenneth L. Johnson) Attachments: Staff Report Resolution (Paulette Brown) Resolution (Perry, Powell, Johnson) 8.11. Resolution Cancelling Taxes on Property Purchased for Public Purpose (Right -Of -Way at Southeast Corner of 58th Avenue and 37th Street from Jennifer L. Schoenfeld and Heath Schoenfeld, wife and husband) Attachments: Staff Report Resolution (Schoenfeld) 8.I. Approval of Developer's Agreement with Florida Power & Light for the FPL Indian River Service Center Attachments: Staff Report Developer's Agreement Exhibit "B" to Developer's Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Property Appraiser Wesley Davis re: Annual Fiscal Report for the Year Ended September 30, 2020 Attachments: Annual Report 9.11. Indian River County Sheriff Deryl Loar re: Annual Fiscal Report for the Year Ended September 30, 2020 Attachments: Excess Fees Report Annual Fiscal Report 9.C. Indian River County Supervisor of Elections Leslie Rossway Swan re: Annual Fiscal Report for the Year Ended September 30, 2020 Attachments: Excess Fees Report November 10, 2020 Page 3 of 6 9.D. IRC Tax Collector Carole Jean Jordan re: Annual Fiscal Report for the Year Ended September 30, 2020 Attachments: Annual Fiscal Report Excess Fee Report 9.E. Indian River County Clerk of Circuit Court & Comptroller Jeffrey R. Smith re: Annual Report and Excess Fees for the Year Ended September 30, 2020 Attachments: Annual Report and Excess Fees 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Biosolids Moratorium Extension Ordinance - LEGISLATIVE Attachments: Staff Report Draft Biosolids Moratorium Ordinance B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for November 17, 2020 re Face Covering Ordinance - LEGISLATIVE Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. CARES Act Phase 2 - Proposed Spending Plan Revisions Attachments: Staff Report IRC CARES Act $28M Spending Plan COVB CARES Act Amendment 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Discussion of Development, Visioning, and Service Delivery Issues Attachments: Staff Report B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works November 10, 2020 Page 4 of 6 H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Third Addendum to Agreement between Indian River County and REDEVGROUP, Inc. for Lot 5, Plat of Indian River Mall Attachments: Staff Report Third Addendum to Agreement Second Amendment and Restatement of Declaration 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc 14.C.1. Discussion on Locating an Inter -County Emergency Services Facility in the Vicinity of Yeehaw Junction Attachments: Commissioner's memo 14.C.2. Closing Comments Attachments: Commissioner's memo D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT November 10, 2020 Page 5 of 6 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a . special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on 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 5.00p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. November 10, 2020 Page 6 of 6 sq PROCLAMATION HONORING TIM ZORC, COMMISSIONER OF DISTRICT 3 WHEREAS, Tim Zorc began his public service in November, 2012, when elected as County Commissioner for District 3; WHEREAS, Tim prioritized economic development and protection of the Indian River Lagoon, specifically by hosting numerous Lagoon restoration symposia and workshops; leading transportation initiatives involving Vero Beach Regional Airport and the County's GoLine bus system; improving and streamlining the development review and permit process; advocating for realistic and effective affordable housing solutions; shepherding countless efforts to overhaul impact fees and increase economic opportunity; travelling thousands of miles to facilitate the sale of the City of Vero Beach electric system to Florida Power and Light; refining County procurement methods; preparing practical emergency services solutions to best serve all County residents; combating underage use of tobacco and vaping products; and spearheading over 130 forward -thinking initiatives; and WHEREAS, Tim served with distinction with the County's Metropolitan Planning Organization, Value Adjustment Board, and State Housing Initiatives Partnership Loan Review Committee, and represented. Indian River County on the Workforce Development Consortium of the Treasure Coast, the Circuit 19 Juvenile Justice Advisory Board, and the Florida Association of Counties' Finance Tax Committee; and WHEREAS, Tim, a father of four children, is one of the Treasure Coast's preeminent orphan advocates, opening his home as a foster parent; serving as a founding board member of Christian Family Builders, a local nonprofit that speaks to individual families to encourage interest in becoming foster parents or "adoptive forever families"; and earning recognition as one of Place of Hope's Heroes of Hope in 2019; and WHEREAS, as County Commissioner, Tim has been a stalwart supporter of open meetings, setting the standard for citizen input in front of the Board and seeking to provide the residents of Indian River County fair representation in all cases, at all times. NOW, THEREFORE, BE IT PROCLAIMED.BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board expresses their most heartfelt appreciation for Tim Zorc's eight years of public service, and the Board further extends their best wishes to him and Laura for continued success in their future endeavors. Adopted this 101h day of November, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Peter D. O'Bryan Bob Solari 56 PROCLAMATION HONORING BOB SOLARI, COMMISSIONER OF DISTRICT 5 WHEREAS, Bob Solari was elected to the Indian River County Board of County Commissioners by the citizens of Indian River County in 2008, and has served tirelessly with distinction for 12 years (three terms); and WHEREAS, during his longstanding service, Bob's stellar leadership has resulted in profound and significant accomplishments, such as streamlining operations by sunsetting 13 unnecessary committees; starting grassroots opposition to the 7/50 movement; working with the Commission and activists Glenn Heran and Dr. Stephen Faherty to sell Vero Electric; opposing expansion of All Aboard Florida/Brightline and advocating for critical safety improvements; supporting amelioration of environmental damage to the Lagoon; devoting time to improving the Gifford community's infrastructure and the relationship between Gifford and the Board of County Commissioners; upon recognizing the urgency of the damage done from biosolids, leading the effort to restore Blue Cypress Lake to health; and supporting a well-run Utilities Enterprise Fund; and WHEREAS, Bob's contributions included serving on the Board of Trustees of the Law Library, Affordable Housing Advisory Committee, Metropolitan Planning Organization, Transportation Disadvantaged Local Coordinating Board, St. Johns River Alliance, and the Federal Committee of the Florida Association of Counties; and WHEREAS, Bob was successful in helping the County negotiate the purchase of the Dodgertown Golf Course; was awarded the "Fiscal Conservative" award by the Taxpayer's Association; was instrumental in terminating Sebastian and Sea Oaks water and wastewater surcharges; and authored the Religious Freedom Proclamation, which recognized everyone's right to worship; and WHEREAS, Bob represented a source of integrity and collegiality, always treating each member of the Commission with respect regardless of whether he was able to achieve consensus. He remained consistent and constructive in his fiscal conservativeness, and this unfailing sense of stewardship of the tax payer's dollar benefited each and every resident of Indian River County. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the Board, in recognition of his numerous contributions and distinguished service to this community, expresses its appreciation to Bob Solari, and his fellow Board members wish him the very best in his future endeavors. Adopted this 101' day of November, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan 2 SC. PROCLAMATION DESIGNATING NOVEMBER 11th, 2020, AS VETERANS DAY WHEREAS, on May 13th, 1938, Congress approved an Act establishing November 11 th as Armistice Day, commemorating the end of World War I and paying tribute to the heroes of that war; and WHEREAS, on June 1st, 1954, Congress changed the name of Armistice Day to Veterans Day in order to honor all of America's war veterans, who have contributed so much to the preservation of our Nation; and WHEREAS, over 15,000 veterans of all wars presently reside in Indian River County; and WHEREAS, individually and collectively, the veterans of Indian River County directly contribute to the betterment of the social, cultural, and economic lives of our residents; and WHEREAS, the Indian River County Veterans Council, consisting of representatives from 25 city and county veterans organizations, annually observe Veterans Day by holding ceremonies throughout the county; and WHEREAS, Indian River County and its citizens have established Veterans Memorial Island Sanctuary as a place to commemorate veterans of all wars. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that November 11th, 2020, is designated as Veterans Day, and the Board encourages all citizens to honor our veterans -- living and deceased -- by attending one of the Veterans Day services offered at Veterans Memorial Island Sanctuary or elsewhere within the county. Adopted this 10th day of November, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 3 CD BI W Z it ffi O r -alio f O I 9CD CD CD CD BI W Z it ffi O r -alio f O I 9CD bi 07 CD bi 07 PROCLAMATION HONORING DEBORAH RAFULS ON HER RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES/NORTH INDIAN RIVER COUNTY LIBRARY WHEREAS, Deborah Rafuls retires from the Indian River County Department of General Services, North Indian River County Library effective November 12, 2020; and WHEREAS, Deborah Rafuls began her career with Indian River County on November 05, 1990 as a Part -Time Library Clerk in the Circulation Department; and WHEREAS, Deborah Rafuls advanced in the Circulation Department being promoted to the position of Library Associate I February 26, 1993 with her Part -Time position becoming Full - Time October 30, 1998 and her duties being divided between the Circulation, Reference, and Technical Services Departments; and WHEREAS, Deborah Rafuls was promoted to the position of Library Associate II October 12, 2001 and transitioned to the role of Circulation Supervisor December 2002; and WHEREAS, Deborah Rafuls was promoted to the position of Librarian I March 10, 2006 where she assisted in Reference until 2012, Administration until 2015, and ultimately returned to the Technical Services Department through the end of her career; and WHEREAS, Deborah Rafuls worked diligently and meticulously in multiple aspects of Library work and will be sorely missed by customers, volunteers, and fellow employees; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Deborah Rafuls' efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last thirty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 10`' day of November 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman 1-14 4 7,6 FILED 10/26%2020 DOCUMENT NO. 11503-2020 FPSC -COMMISSION CLERK; BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of optional electric DOCKET NO. 20200170 -El vehicle public charging pilot tariffs, by Florida ORDER NO. PSC -2020 -0398 -PCO -EI Power & Light Company. ISSUED: October 26, 2020 The following Commissioners participated in the disposition of this matter: GARY F. CLARK, Chairman ART GRAHAM JULIE I. BROWN DONALD J. POLMANN ANDREW GILES FAY ORDER SUSPENDING FLORIDA POWER & LIGHT COMPANY'S TARIFF BY THE COMMISSION: Background On June 19, 2020, Florida Power & Light Company (FPL or utility) filed a petition requesting approval of three optional electric vehicle (EV) public charging pilot tariffs. The first tariff, Utility -Owned Public Charging for Electric Vehicles (Rate Schedule UEV), would establish a charging rate for utility -owned direct current fast charging stations. The second set of tariffs, Electric Vehicle Charging Infrastructure Riders for General Service Demand and General Service Large Demand (Rate Schedules GSD-IEV and GSLD-lEV), would establish a rate for competitive market charging stations operating in FPL's service area. This rate would implement a threshold on the demand charge associated with the general service rates. The utility requests for these rates to take effect in January 2021. On June 26, 2020, FPL waived the 60 -day file and suspend provision pursuant to Section 366.06(3), Florida Statutes (F.S.), until the September 1, 2020 Agenda Conference. After further discussion with Commission staff, on July 17, 2020, the utility extended the 60 -day file and suspend provision until the October 6, 2020 Agenda Conference. There are eleven interested persons in this docket.1 Commission staff has issued three data requests. Staff issued a first data request on July 20, 2020, with responses provided by the utility on August 3, 2020, and a second data request on September 3, 2020, with responses provided on August 10, 2020. Commission staff's third data request was issued on September 18, 2020, with responses due on October 2; 2020. ' The interested persons are: Walmart, Inc.; Tesla, Inc.; Southern Alliance for Clean Energy; Sierra Club; Rivian; the Office of Public Counsel; Florida Solar Energy Center; EVgo; Electrify America, LLC; Drive Electric Florida; and Central Florida Clean Cities Coalition. ORDER NO. PSC -2020 -0398 -PCO -EI DOCKET NO. 20200170 -El PAGE 2 This Order addresses the suspension of FPL's proposed pilot tariffs in order to provide sufficient time for review. We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06, F.S. Decision FPL's petition to establish rates for EV charging stations is the first request of this type to be considered by this Commission. As such, there are a number of factors to consider when evaluating the proposed tariffs. We find it appropriate to suspend the tariffs to allow Commission staff additional time to review the petition and gather all pertinent information in order to present us with an informed recommendation on the tariff proposals. Pursuant to Section 366.06(3), F.S., we may withhold consent to the operation of all or any portion of a new rate schedule, delivering to the utility requesting such a change a reason or written statement of good cause for doing so within 60 days. We find that the facts set forth above constitute good cause consistent with the requirement of Section 366.06(3), F.S., and prior practice of the Commission.2 Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's three proposed optional electric vehicle public charging pilot tariffs are suspended. It is further ORDERED that the docket shall remain open pending our final action on FPL's requested approval of the three proposed pilot EV tariffs. 2 Order PSC -17 -0193 -PCO -EI, issued May 5, 2019, in Docket No. 170074 -EI, In re: Petition for approval of 2017 revisions to underground residential distribution tariffs, by Gulf Power Company. 6 ORDER NO. PSC -2020 -0398 -PCO -EI DOCKET NO. 20200170 -El PAGE 3 SPS By ORDER of the Florida Public Service Commission this 26th day of.October, 2020. 1 J. Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided. to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. Any party, adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25- 22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of.Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of Commission Clerk; in the form prescribed by Rule 25-22.0376, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review of the final action will not provide an adequate remedy._ Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate Procedure. 7 74� INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: November 3, 2020 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON BRIGHTLINE TRAINS EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for Brightline Trains. Please see the attached. document for expenses incurred as of 11/03/20. ATTACHED: • Brightline Trains Expenses through 11/03/20 spreadsheet. Brightline Trains Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorization 10/2/2018 Board approved additional $92,500 11/20/2018 Board approved additional $1 million (Budget Amendment) 3/17/2020 County Attornev's Office received 5200.000 from citizens IBudeet Amendment) Acct#00110214-033110-15023 Legal Services DatF_ Vendor Amount Note 9/30/2020 Murphy & Walker $1,073.00 Fees for Legal Services September 2020' 9/25/2020 Murphy & Walker $2,719.60 Fees for Legal Services August 2020 8/4/2020 Murphy & Walker $870.00 Fees for Legal Services July 2020 7/13/2020 Murphy & Walker $3,065.00 Fees for Legal Services June 2020 6/9/2020 Murphy & Walker $1,914.00 Fees for Legal Services May 2020 5/15/2020 MoloLamken LLP $100,000.00 Fees for Legal Services April 2020 5/8/2020 Murphy & Walker $4,263.00 Fees for Legal Services April 2020 4/8/2020 Murphy & Walker $11,541.25 Fees for Legal Services March 2020 3/25/2020 Bryan Cave LLP $427.00 Fees for Legal Services February 2020 3/19/2020 MoloLamken LLP $100,000.00 Fees for Legal Services February 2020 3/10/2020 Murphy & Walker $3,178.50 Fees for Legal Services February 2020 2/10/2020 Murphy & Walker $9,483.00 Fees for Legal Services January 2020 1/13/2020 Murphy & Walker $7,917.00 Fees for Legal Services December 2019 12/11/2019 Murphy & Walker $13,329.00 Fees for Legal Services November 2019 12/3/2019 Bryan Cave LLP $697.50 Fees for Legal Services October 2019 11/12/2019 Murphy & Walker $16,222.00 Fees for Legal Services October 2019 Subtotal Expenses FY 19/20 $276,699.85 9/30/2019 Murphy & Walker $19,290.00 Fees for Legal Services Aug & Sept 2019 9/30/2019 Bryan Cave LLP $49,142.40 Fees for Legal Services September 2019 9/30/2019 Bryan Cave LLP $7,161.12 Fees for Legal Services August 2019 9/18/2019 Bryan Cave LLP $107,257.70 Fees for Legal Services July 2019 9/11/2019 Murphy & Walker - $18,912.00 Fees for Legal Services -Aug 2019 8/13/2019 Murphy & Walker $6,487.00 Fees for Legal Services lune & July 2019 7/10/2019 Murphy & Walker $13,868.00 Fees for Legal Services lune 2019 6/24/2019 Bryan Cave LLP $1,244.00 Fees for Legal Services May 2019 6/12/2019 Murphy & Walker $7,939.10 Fees for Legal Services May 2019 5/29/2019 Bryan Cave LLP $65,848.60 Fees for Legal Services April 2019 5/15/2019 Murphy & Walker $2,656.50 Fees for Legal Services April 2019 5/14/2019 Bryan Cave LLP $75,490.34 Fees for Legal Services March 2019 ' 4/4/2019 Murphy & Walker $8,042.00 Fees for Legal Services March 2019 3/26/2019 Bryan Cave LLP $59,154.08 Fees for Legal Services February 2019 3/18/2019 Murphy & Walker $15,988.70 Fees for Legal Service -February 2019 3/18/2019 Bryan Cave LLP $3,577.26 Fees for Legal Service -January 2019 2/21/2019 Murphy & Walker $13,539.54 Fees for Legal Service -January 2019 2/5/2019 Bryan Cave LLP $9,938.49 Fees for Legal Service -December 2018 1/4/2019 Murphy & Walker $9,929.00 Fees for Legal Service -December 2018 12/27/2018 Bryan Cave LLP - $26,535.95 Fees for Legal Service -November 2018 12/5/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 10/31/18 12/3/2018 Bryan Cave LLP $16,416.20 Fees for Legal Service -October 2018 Subtotat Expenses FY 18/19 $548,417.98 9/30/2018 McDermot,Will & Emery LLP $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 9/30/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -through 8/31/18 9/30/2018 Bryan Cave LLP $72,352.66 Fees for Legal Service -Sept 2018 9/30/2018 Bryan Cave LLP $60,392.05 Fees for Legal Service -Aug 2018 9/10/2018 Bryan Cave LLP $109,699.89 Fees for Legal Service -July 2018 8/24/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 8/8/2018 Bryan Cave LLP $49,360.27 Fees for Legal Service -June 2018 7/18/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 4/18-4/20/18 7/17/2018 Bryan Cave LLP $14,257.36 Fees for Legal Services -May 2018 7/2/2018 McDermot,Will & Emery LLP $10,012.00 IRC Legislative Advocacy Matters- 4/6-4/20/18 6/13/2018 Bryan Cave LLP - $30,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 5/15/2018 Bryan Cave LLP $23,853.70 Fees for Legal Services -March 2018 5/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/14-27/18 4/9/2018 Bryan Cave LLP $56,189.09 Fees for Legal Services -Feb 2018 4/9/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP $58,782.89 Fees for Legal Services -Jan 2018 3/7/2018 McDermot,Will & EmeryLLP $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 - Bryan Cave LLP $32,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP - $10,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP $6,358.50 Fees for Legal Services -Nov 2017 12/19/ 17 20 McDermot,Will & Emery LLP $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $634,725.58 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters �Date 9/30/2017 Vendor Bryan Cave LLP Amount $2,99S.S0 Note Fees for Legal Services-Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 Fees for Legal Services-Aug 2017 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services-July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services -lune 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP - $823.50 Fees for Legal Services-April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services-March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service-March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services-Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services-Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services-Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services-Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services-Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services-Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services-Nov 2016-private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services-Oct 2016 - 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services-Oct 2016-private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services-Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services-Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services-Sept 2016-private activity bonds 9/30/2016 Bryan Cave LLP - $20,358.95 Fees for Legal Services-Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services-Aug 2016-private activity bonds 9/30/2016 Shubin & Bass PAS - $28,277.00 Fees for Legal Services-Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services-Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services-July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services-July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services-July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -lune 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -lune 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services-June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016-private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services-April 2016 6/14/2016 Bryan Cave LLP - $386.10 Fees for Legal Services-April 2016-private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services-April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services-March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services-March 2016 4/19/2016 Bryan Cave LLP - $128,696.58 Fees for legal Services-March 2016-private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services-Feb 2016-private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services-August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services-Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service-Jan 2016-private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services-Jan 2016 - 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service-Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP _ $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services-Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services-Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services-Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services-Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services-July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services-July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services-June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services-June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP - $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services-April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services-April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA -$250.00 Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services - 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA' $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 10 DateTOr 9/30/14 Bryan Cave LLP Amount Note $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 '5plit between 5t.Lucle, Indian River, and Martin Counties Date Acct#00110214-033190-15023 Vendor-- mount Other Professional Services Note 5/19/2020 Atlantic Coastal Land Title $85.00 Title Search 11/4/2019 Advanced Data Solutions $1,115.00 Document Scanning 3/13/2019 Subtotal Expenses FY 19/20 $1,200.00 12/12/2018 11/27/2018 Scripps $92.40 Legal Advertising 11/21/2018 Gail E. Flinn $350.00 Transcription Services SubtatalExpenses FY 18/19 $442.40 9/30/2018 9/30/2018 Copy Charges $32.96 Copies 8/30/2018 Florida Dept of Transportation $82.84 Public Records Request -balance 7/10/2018 Florida Dept of Transportation $82.84 Public Records Request Dylan Reingold-FL Dev Finance Corp Mtg-Orlando Subtotal Expenses FY 17/18 $198.64 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando 4/28/2017 Martin County 50% reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consultants $13,396.11 $274.37 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising $548.74 Subtotal Expenses FY 16/17 $18,779.15 $2,420.00 9/30/2016 GK Environmental $5,580.00 9/30/2017 9/30/2016 Triad Railroad Consultants $24,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dylan Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping - 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records 5ubtotalExpenses FY 14/15 $44,810.15 11 Acct#00110214-034020-15023 All Travel Date 4/24/2019 Travel Dylan Reingold-FDFC Meeting on Brightline Amount Notes $400.39 4/16/2019 Tim Zorc-FDFC Meeting -Orlando $97.32 3/13/2019 Peter O'Bryan-FDFC Meeting -Orlando $111.32 3/13/2019 Bob Solari-FDFC Meeting -Orlando $92.32 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense $156.89 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel $174.90 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Flight $373.60 Subtotal Expenses FY 18/19 $1,406.74 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Oriando-hotel $113.50 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando $111.91 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando $122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando $91.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando $110.45 - 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando $91.52 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg $161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner $167.20 5/1/2018 Jet Blue -Dylan Reingold $128.20 - 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold $548.74 Subtotal Expenses FY 17/18 $2,420.00 9/30/2017 Delta Air $191.80 9/30/2017 American Airlines $193.20 11 Date 9/30/2017 let Blue $168.20 Other Professional Services 9/30/2017 let Blue $25.00 Notes 9/30/2017 Bob Solari -travel to Washington DC $869.98 with OMB,Senator & Congressman & FDOT 1/02/15 Acct#00110111-034020-15023 $6,973.40 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 Work Order 10 EIS 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 Work Order 10 EIS 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Total Board authorized budget for FY 14/15 subtotal Expenses FY 16/17 $3,029.76 $45,825.80 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahassee AL P -Dylan Reingold 12/16/2015 Kimberly Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Work Order 10 EIS Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 - Dylan Reingold $75.26 8/26/2015 Kate Cotner -$5.36 Orlando -Travel -Fl. Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Total Expenses 19/20 Acct#11124319-033190 Total Expenses 18/19 Other Professional Services Date Vendor Amount Notes 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Total Board authorized budget for FY 14/15 Subtotal Expenses FY 14/15 $44,740.70 $45,825.80 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 19/20 $277,899.85 Total Expenses 18/19 $550,267.12 Total Expenses 17/18 $637,344.22 Total Expenses 16/17 $223,471.97 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 11/03/2020 $3,759,887.72 Total Board authorized budget for FY 20/21 $419,533.15 Total Board authorized budget for FY 19/20' $277,899.85 Total Board authorized budget for FY 18/19 .$550,267.12 Total Board authorized budget for FY 17/18 $637,344.22 Total Board authorized budget for FY 16/17 $223,471.97 Total Board authorized budget for FY 15/16 $870,867.50 Total Board authorized budget for FY 14/15 - $1,154,211.26 Total Board authorized budget for FY 13/14 $45,825.80 Total budgeted 13/14-19/20 $4,179,420.87 *Includes $200,000 donation from citizens Remaining Balance $419,533.15 12 /4J ERC � .GK �LORIOQ' Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar FREE Covid-19 Testing, by: TCCH (Treasure Coast Community Health) Nov 11-30 @ IRC Fairgrounds: • 8:30 -1 Oam, Mon: & Wed. ONLY — Limited tests available. No appt. needed. Garden Brothers Circus Nov 11 @ IRC Fairgrounds: • 4pm - 1 st Show • 6pm - 2nd Show • 8pm - 3rd Show Thursday Night Lights! Night Shooting at the Range. www.goshootingirc.com Nov 12 @ IRC Shooting Range & Clays Facility: • 6-9pm- Enjoy shooting 5 -stand and Trap & Skeet every Thursday thru 3/11/21. "Virtually"Jumpin Jenga Thursdays! www.ircrec.com/programs Nov 12 @ ONLINE - with Parks and Recreation: • 6:30pm Join us on Zoom for a Socially -Distanced Game of Jenga! FREE! Dick Bird Treasure Coast Team Championship Golf Tournament Nov 14-15 @ Sandridge: www.sandridgegc.com • 8am-12noon- $250 per team. Contact Bela Nagy for details. Community Office Hours Event Nov 19 @ North IRC Library: l oam- One on one with Commissioner Susan Adams. Home Show by Patriot Productions www.patriotproductions.com Nov 21-22 @ IRC Fairgrounds: 10am-5pm, SAT & SUN: FREE Admission & Parking. "Virtually"Twisted Wednesdays! www.ircrec.com/programs Dec 2 @ ONLINE - with Parks and Recreation: • 6:30pm- Join us on Zoom for a Socially -Distanced Game of Twister! FREE! 33rd Annual Treasure Coast Amateur Championship Golf Tournament Dec 5-6 @ Sandridge: www.sandridgegc.com • 8-11am= $125 per player. Contact Bela Nagy for details. 13 Vero Beach Gun Show by Patriot Productions www.patriotproductions.com Dec 5-6 @ IRC Fairgrounds: • 9am-5pm Sat - 10am-4pm Sun. "Virtually"Jumpin Jenga Thursdays! www.ircrec.com/programs Dec 10 @ ONLINE - with Parks and Recreation: • 6:30pm- Join us on Zoom for a Socially -Distanced Game of Jenga! FREE! Artistry in Motion Dec 12 @ IRC Fairgrounds: • Dance recital for local dancers to perform. Santa Calling! Dec 17 @ Via Phone from the North Pole: www.ircrec.com/programs • 5:30-7:30pm - Register your child 11/30-12/16 for a FREE Ph. call from Santa! Community Office Hours Event Dec 17 @ North IRC Library: I Oam- One on one with Commissioner Susan Adams. 14 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 30, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator . Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Amendment to Agreement for Visitor and Tourism Study BACKGROUND: On September 17, 2019, the Board Awarded RFP 2019069 for a Visitor and Tourism Study to University of West Florida's Haas Center for Business Research and Economic Development (Haas Center), and approved the agreement provided by Haas Center. The intent of the study is for the Center to develop and present recommendations on how to increase and/or maximize tourism and visitation to Indian River County. The work under the study was to be completed by December 31, 2020, however, the Haas Center has requested a three month time extension due to COVID-19. Data collection was paused for a time and new methods have been developed to capture additional data. FUNDING: The proposed contract amendment does not impact the original cost of the study which is $50,000. Funding for this expenditure is budgeted in the Tourist Development Fund/Other Professional Services, Account # 11914472-033190. RECOMMENDATION: Staff recommends the Board approve the first amendment to the agreement and authorize the Chairman to execute it electronically via DocuSign after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENTS: First Amendment to Agreement for Visitor and Tourism Study 15 Amendment 1 to Contract for Services Agreement Indian River County ("SPONSOR") UNIVERSITY OF WEST FLORIDA Office of Management and Budget ("UNIVERSITY") 1800 271' Street Acting for and on behalf of Vero Beach, FL 32960 The University of West Florida FID #59-6000674 Board of Trustees, a public body corporate 11000 University Parkway Pensacola FL 32514-5750 FID #59-2976783 Contract Period of Performance: Amendment No. Award Funding Action(s) 09/17/2019 —12/31/2020 1 Original Award`$50,000 Amendment 1: $ 0 Amended Period of Performance: Total Award: $50,000 09/17/2019 — 03/31/2021 Paid to date: $25,000 Outstanding Invoice: $12,500 Due 03/31/2021: $12,500 Project Title: Indian River County Visitor and Tourism Study UWF Grant Number: 220817 Amendment(s) to Original Terms and Conditions This amendment applies to the Contract for Services and any subsequent amendments entered into by Sponsor and The University of West Florida originally dated 09/17/2019 for the period (s) of performance and the amount shown above. The purpose of this Amendment is to: 1. Amend the Period of Performance to 09/17/2019 — 03/31/2021 at no additional cost to Sponsor 2. Amend Attachment 1: Statement of Work and Schedule of Compensation as shown in the attached Revised Attachment 1: Statement of Work and Schedule of Compensation 3. Amend University's proposal dated 09/17/2019 as shown in the attached University's proposal dated 09/17/2019 4. Amend Attachment 2 to update University's contact information Except as expressly modified by this Amendment 1, all other terms and conditions of the original Contract for Services Agreement shall remain in full force and effect. 16 By Authorized Official of COLLABORATOR: Chairman Date By: Tason E. Brown, County Administrator' Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk By Authorized Official of UNIVERSITY: Matthew Schwartz, Ph.D. Date Assistant Vice President Research Administration Approved for form and legality: University Counsel 17 REVISED ATTACHMENT 1: STATEMENT OF WORK AND SCHEDULE OF COMPENSATION This is a ❑cost reimbursable ® fixed price ❑ fixed rate Agreement for services in the amount not to exceed $50,000 to cover costs associated with the project identified on the previous page and as shown on the following University proposal and/or quotation. The following deliverable items are due pursuant to the timetable identified below. The numbered invoice for each report or deliverable shall be sent concurrent with the period of performance corresponding to the deliverable on the due date shown. Report/DeliverableReport/Deliverable Report Q1 Findings (complete) Date Due February 14, 2020 Amount $12,500 d Report Q2 Findings (complete) May 14, 2020 $12,500 d Report Q3 Findings (complete) August 14, 2020 $12,500 invoiced Presentation of Q1 -Q3 (2020) Findings to TDC December 16, 2020 NC Report Q4 and cumulative 14 -month findings- February 28, 2021 $12,500 Total 15 months $50,000 Reason for University's Revised Tasks: The spread of the novel coronavirus and the disease it causes, COVID-19 impacted tourism worldwide and the economy in Indian River County. In addition, it also impacted the methodological approach of this project. In order to abide by social distancing measures and other mitigation efforts implemented throughout the state, the Haas Center paused intercept surveying and increased ad spending on online data collection. Survey participants were recruited using a geofenced ad on social media and through outreach to organizations serving Indian River County. The University will supply personnel and resources to accomplish the scope of work at the original price in the proposal/cost quotation. SECTION 1 (Comprehensive, 14 -month-long Assessment) The revised scope of work includes 14 full months of visitor surveys that will allow the Haas Center to create a full impact analysis of Indian River County's tourism market. The survey will allow us to create a profile of visitors beyond spending patterns as well. In-person, intercept surveys ceased once the Coronavirus swept across Florida. Such interviews represent an unnecessary risk to the participant and to the researcher. Therefore, the resources allocated for such interviews were channeled to ad purchases across social media platforms, which included Facebook, Instagram, and Twitter. The survey extension will utilize online outreach to visitor databases. The deliverables include: A survey instrument reviewed and approved by the client. Complete An impact estimate based on bed tax collections, which were included in each quarterly report. Four quarterly reports based on data collected from the fully online survey that are representative of the data collected that season. Deliverables include the following: 1) IRC Visitor Profile Quarter 1 Delivered: IRC Visitor Profile 1 pdf 2) IRC Visitor Profile Quarter 2 Delivered: IRC Visitor Profile 2.pdf 3) IRC Visitor Profile Quarter 3 Delivered: FINAL Indian River Visitor Profile 03 UWF Haas Center.pdf 4) Meeting with the IRC in-person or via Zoom with PowerPoint presentation to the TDC on 12/16/2020. This will cover 3 Quarters of primary data collection and analysis. 5) The Q4 Report will include cumulative findings for 2020 based on survey responses that are conducted completely online. Final report will include a final, revised estimate based on actual spending patterns and including data from non -bed tax paying visitors. Timeline, Pricing, and Deliverables (no cost extension through March 31, 2021) rt/DelRepo Date Due Amount Report Q1 Findings (complete) February 14, 2020 $12,500 d Report Q2 Findings (complete) May 14,2020 $12,500 d Report Q3 Findings (complete) August 14, 2020 $12,500 invoiced) Presentation of Q1 -Q3 (2020) Findings to TDC December 16, 2020 NC Report Q4 and cumulative 14 -month findings- February 28, 2021 $12,500 Total 15 months $50,000 19 Revised Attachment 2 CONTACT REPRESENTATIVES Indian River County Contacts University of West Florida Contacts FID # 59-6000674 / DUNS # 079208989 FID #59-2976783 / DUNS 9 53-000709 Administrative Point of Contact Administrative Point of Contact Name: Jennifer Hyde, C.P.P.O Name: Theresa Miller, CRA Title: Purchasing Manager Title: Senior Grants Specialist Address: Indian River County Address: Research Administration & Engagement University of West Florida City ST Zip Vero Beach, FL 32960 11000 University Parkway Phone: 772.226.1575 City ST Zip Pensacola, FL 32514-5750 E-mail: jhyde@ircgov.com Phone: (850) 474-2827 E-mail: tbyrd@uwf.edu Program/Technical Point of Contact Program/Technical Point of Contact Name: Dori Stone Name: Nicole Gislason Title: President Title: Executive Director, Haas Center Address: Indian River County Chamber of University of West Florida Commerce Address: 212 East Church St. 1216 21st St. City ST Zip Pensacola, FL 32502 City ST Zip Vero Beach, FL 32960 Phone: (850) 637-3831 Phone: 772.567.3491 E-mail: nicole@uwf.edu E-mail: I doris indianriverchamber.com Financial Point of Contact Financial Point of Contact Name: Kristin Daniels, C.G.F.O. Name: Donna Frazee Title: Director — Office of Management and Title: Associate Director Budget Address: Research Administration & Engagement Address: Indian River County University of West Florida 180127 1h St. 11000 University Parkway City ST Zip Vero Beach, FL 32960 City ST Zip Pensacola, FL 32514-5750 Phone: 772.226.1257 Phone: (850) 473-7111 E-mail: kdaniels@ircgov.com E-mail: dfrazee@uwf.edu Authorized Official Authorized Official Name: Jason .Brown Name: Matthew Schwartz, Ph.D. Title: County Administrator Title: Assistant Vice President Address: Indian River County Address: Research Administration 1801 27t1 St. University of West Florida City ST Zip Vero Beach, FL 32960 11000 University Parkway Phone: 772.226.1408 City ST Zip Pensacola, FL 32514-5750 E-mail: jbrown@irc.gov Phone: (850) 474-2824 E-mail: mschwartz@uwf.edu 20 Corporate Background and Experience With offices is downtown Pensacola, the Haas Center for Business Research and Economic Development (Haas Center) is a research and consulting arm of the University of West Florida. The Haas Center works closely with scientists and staff from UWF and other organizations to engage in applied research and strategy development in economics and across the social sciences. Since its inception 26 years ago, the Haas Center has played a prominent role in economic development efforts across the Northwest Florida region and around the state. Our Center is home to one of Florida's pre-eminent data warehouses with over 10,000 routinely updated data series that are unique to Florida — tracking historical economic trends across Florida's diverse micro economies. In addition, we house cutting edge economic impact simulation software including REMI for each of Florida's counties and IMPLAN for each of Florida's zip codes as well as the state as a whole. In addition, the Haas Center has designed, conducted and analyzed surveys utilizing our state of the art 10 -seat call center equipped with the latest integrated platform survey technology. We work with our clients to identify the best survey methodology to meet their desired goals whether it is done by phone, Internet, paper, intercept or a combination. We consider ourselves to be a research shop with a solutions -oriented approach. Our staff come from diverse backgrounds that bring unique work experience to the table. We are comprised of economists, political scientists, multi -media specialists as well as database and IT experts. The Haas Center staff's extensive knowledge of regional and state economic and workforce issues allows us to engage in a wide variety of research projects which include survey marketing research, economic and demographic profiles, economic and tax impact studies, workforce development studies, industry cluster analyses, market and feasibility analyses, strategic planning, and custom database and analytics work. Haas Center staff also work closely with regional economic development entities to provide data to cities, counties and states in efforts designed to attract business and industries to the region. Our clients include city, county and state government agencies, the military, economic development agencies and chambers of commerce, visitor and tourism organizations, school districts, private businesses, libraries, and school districts. Evidence of prior experience/firm stability The Haas Center staff has extensive experience in research at the state, regional and local levels including government and public sector marketing research; conducting economic and fiscal impact studies; developing marketing surveys; conducting and analyzing marketing research for recreation and tourism entities; and conducting and analyzing visitor satisfaction surveys. The City of Pensacola Resident Satisfaction Survey was conducted for the fourth time in 2017 (previously administered in 2014 - 2016) as part of an on-going relationship between the City of Pensacola and the Haas Center. The Center developed the survey instrument and utilized a mixed methods survey comprised of a live telephone survey and in-person intercept surveys to reach a sample size of 532 Pensacola residents. The survey measured the attitudes and opinions of Pensacola residents regarding their satisfaction with city services, as well as the relative importance of those services to taxpayers such as: public safety, city appearance, parks and 21 recreation, sanitation services, municipal infrastructure, and communication. The Haas Center is currently in negotiations with the City of Pensacola to conduct the study for 2018. The 2016 Voter Satisfaction Survey study was commissioned by Escambia County Supervisor of Elections (SOE) to conduct a mixed -methods survey of registered voters in order to measure multiple items, including voter satisfaction with the polling locations and staff; use and familiarity of SOE services; knowledge about election rules; and voting method choice. The survey was administered in two waves over four months in 2016, concentrating around the August 30th Primary and the November 8th General Election. It provided voters a key opportunity to give feedback about their experiences. In turn, the SOE will use the results to evaluate their own performance, training programs and choice of polling locations. This data could help identify opportunities for improvement or inform new educational programs in response to identified knowledge gaps. Moreover, analysis by voting method choice allows the Supervisor's Office to understand the motivations behind choosing voting methods. The Santa Rosa County Military Spouse Technical Skills Inventory was commissioned by the Santa Rosa County Economic Development Office (EDO) with the goal of studying the skill sets of military spouses residing in Santa Rosa County. Intercept studies were conducted at Naval Air Station Whiting Field in Milton, Florida. The study documents the technical skills that military spouses have, as well as demographics of this population, their projected length of residency, employment status and availability of employment. The data provides a list of occupations in which the target population have experience, as well as transferable skills that could be marketable to many industries. The demographics and family status of the total U.S. military force as well as active duty population are provided for comparison in the report. The Haas Center has an ongoing relationship with many regional municipalities and counties. A recent example is the "2014 Six Pillars Economic and Community Development Strategic Plan for the Town of Century, Florida (Century Strategic Plan)." The Town of Century commissioned the Haas Center to create an economic development strategic plan as part of the Comprehensive Planning Technical Assistance Grant Program, administered by the Florida Department of Economic Opportunity. The Century Strategic Plan was conducted over the course of a year and utilized a multi -stage process including the development of socio-economic demographic profiles, analyses of both the local and regional markets, the collection of input from four stakeholder focus groups, and an analysis of the community's strengths, weaknesses, opportunities, and threats (SWOT analysis) to form the economic and community development strategic plan that is now in its third year of implementation. Multiple examples of these reports are found at haas.uwf.edu under the "Resources" tab. Haas Center's Key Personnel The Haas Center staff has extensive experience in research at the state, regional and local levels including for counties, cities, Tourism Development Organizations (TDO/TDC), and area Chambers of Commerce. Each member of the team has a unique set of skills and professional backgrounds. As a result, we are able to meet almost any client need at the highest quality. Our proposed research team will be comprised the following individuals: The Haas Center staff has extensive experience in research at the state, regional and local levels including for counties, cities, Tourism Development Organizations (TDO/TDC), and area 22 Chambers of Commerce. Each member of the team has a unique set of skills and professional backgrounds. As a result, we are able to meet almost any client need at the highest quality. Our proposed research team will be comprised the following individuals: Nicole Gislason, Executive Director, University of West Florida Haas Center. Gislason oversees the production of information products and services that are designed to inform strategic decision-making processes, enhance operational effectiveness, and improve performance. Gislason is the principal investigator on numerous contracts and grants, including The National Institute for Standards and Technology's (NIST) Manufacturing Extension Partnership (MEP). Operating in all 50 states, the MEP National Network partners with organizations like the Haas Center to increase the productivity and technological performance of the region's manufacturing firms. Gislason's previous large grant awards include a Department of Labor project known as Florida Hire Ed. The team operates a unique additive manufacturing laboratory, known as Sea3D. Housing state-of-the-art additive manufacturing equipment, the Sea3D lab provides a space for students, industry partners and community members to collaborate on the creation and printing of 3-D products. Gislason's overall goal is to accelerate technology adoption, talent development, and business growth in an effort to drive the region's industrial competitiveness. Her primary aptitude in higher education is an ability to communicate effectively with educators, business leaders, and government officials. This allows her to connect people who have common needs but different missions. Dr. Jerry D. Parrish is the Chief Economist and the Director of Research for the Florida Chamber Foundation. In that role, he is responsible for conducting in-depth analyses on the Florida economy and on solutions to help secure Florida's future. Dr. Parrish previously was the Chief Economist and Director of the Center for Competitive Florida at Florida TaxWatch. Prior to that position, he served as the Associate Director of the Center for Economic Forecasting & Analysis (CEFA) at Florida State University and has many years of experience in the private sector in management roles at international manufacturing companies. Dr. Parrish is currently an Adjunct Instructor in the Masters in Applied Economics Program at Florida State University and the Chair of the Haas Center's Board of Economic Advisers. He earned a B.S. in Agricultural Business and Economics from Auburn University, an M.B.A. from Bellarmine University, an M.S. in Economics from the University of North Carolina at Charlotte, and a Ph.D. in Economics from Auburn University. He regularly publishes research reports and articles on the Florida economy and Florida's competitiveness. Anna -Maria Colombaro, M.A., Research Coordinator, received her Master of Arts in Industrial - Organizational Psychology from a top nationally ranked I -O program at the University of West Florida. Ms. Colombaro specializes in EEO law -informed personnel recruitment, talent selection, training and development, and human resources. As a RIVA trained moderator, she develops protocol for and leads focus groups. Ms. Colombaro has expertise in both quantitative and qualitative data collection and analysis, with the skill to translate analytics into digital reports and public presentations. Combined with her I/O consulting experience, her strong corporate background gives her the ability to partner with clients to assess their unique needs and provide deliverables that empower clients in their data -driven decision- making processes. Throughout her career with the Haas Center, she has mentored graduate students from UWF's UO and business degree programs. Mariah Kill, M.S., Applied Economist, is a recent graduate from the Applied Economics M.S. program at Florida State University. As an undergraduate, she led an 23 independent study in Old City Cemetery in Tallahassee, FL that used regression analysis to assess, vandalism patterns, indicate damaged markers and locate areas that need intervention from the historic societies. This creative data -driven project inspired her to pursue a Master of Science, where she refined her analytical and problem -solving skills through various applied econometrics courses. For her master's capstone project, Mariah and her team developed a tool to help groups working on poverty issues in Florida group similar communities and ultimately direct funds to the areas most in need. She joined the Haas Center as an Applied Economist to assist in various impact studies, including the effects of COVID on small businesses. David Franklin, Digital Marketing Coordinator. Mr. Franklin joined the Haas Center in 2015 and concentrates his efforts on the Haas Center's social media marketing and content creation. He creates marketing materials and designs outreach campaigns for Haas Center clients. He is currently pursuing his MBA at UWF and received a Bachelor's in Political Science from the same school in 2017. He has conducted cyber -security and congressional research on behalf of the Department of Government at UWF and has collected data via in-person surveys and computer-assisted telephone interviews for the Haas Center. Similar Tourism -Related Projects The Haas Center has two decades of experience in tourism -related research, especially along the Northwest Florida panhandle. The following section details our experience in tourism with various partners. The Economic Impact of Tourism in Destin, Florida study was commissioned to examine the economic impact of shoulder season tourism in Destin, Florida; providing the Okaloosa County Tourism Development Council with baseline data to guide future marketing endeavors and report feedback regarding Okaloosa County business leader perceptions on past TDC marketing and communication practices. The study included a survey of 326 tourists that revealed average spending, average group sizes, location of origin, age, lodging preferences, and the likelihood of returning. Data was then entered into economic modeling software to analyze the economic impact of tourism. In addition, local businesses were surveyed by phone to generate feedback of perceptions regarding the TPC. Questions were crafted to understand leaders' understanding of TDC functions, communication practices, and marketing initiative outcomes. The Tourism Market Economic Impact Study is the conclusion of a yearlong effort to survey Santa Rosa County's tourists and quantify their impact on the community. The annual and quarterly report provided in-depth details about demographic and economic trends of Santa Rosa County tourism from March 2017 to February 2018. This study utilized intercept survey techniques to obtain tourist demographics, lodging and transportation habits, spending patterns, and overall satisfaction. In order to ultimately calculate the economic impact, the survey focused on in -area spending patterns. Secondary data sources like bed tax collections, occupancy and Average Daily Room rates contributed to the analysis. Ultimately, the county was provided 4 quarterly reports, 1 annual report, 4 data dashboards and 2 presentations. The Emerald Coast Tourism Study was commissioned by Peter Mayer Advertising on behalf of the Emerald Coast Convention and Visitors Bureau with the goal of providing in depth details about demographic and economic trends of the Emerald Coast's tourism. Haas Center's survey professionals administered intercept surveys with visitors throughout the defined region over a 24 12 -month period between March 2014 and February 2015. The survey data was used in conjunction with bed tax collections and county and state data regarding condo and hotel unit availability to estimate the total number of visitors who arrived in the region on a quarterly basis. The Panama City Beach Chamber of Commerce and Visitors Center hired the Haas Center to conduct the Economic Impact Analysis of Tourism in Panama City Beach. The goal of the study was to' estimate the economic impact of tourism for the region. Data was provided by the partners of the Panama City Beach Convention and Visitors Bureau, though we also used bed tax collections, retails sales and other secondary data. The Haas Center calculated a spending value for traditional spring break visitors to the area. This value was then removed from an economic model of the Bay County economy, in order to determine the total economic impact, including direct, indirect and induced, of visitor spending in Panama City. In particular, the report highlighted the important contribution that "shoulder season" and spring break tourists contributed to the overall impact. The Haas Center performed a study of businesses and business travelers for the Pensacola International Airport in 2017. The Haas Center collected data for 12 weeks in a multi -modal outreach of online and intercept surveys. In total, more than 14,000 people were contacted online while more than 2,700 were approached in person. Data was provided in user-friendly database that was searchable by various factors so that the Airport could analyze their business case for potential markets and airlines. The Haas Center is currently conducting an update to this study in 2019. Statewide, the Haas Center has conducted studies like an Analysis of the Florida Film and Entertainment Industry. The methodological approach includes in-depth interviews, economic impact analysis and a SWOT analysis. The study looked at the film and entertainment's impact on the economy, both statewide and by region. The study included jobs and establishment estimates, the state's tax payments received by these types of establishments, and a digital media analysis. In addition, impacts were looked at by productions that classified as independent, minority-owned or Hispanic, as well as independent and faith -based productions. The SWOT analysis gave specific assessments about the state of Florida's competitive place in the film industry nationwide. The Recreation, Sports and the Florida Economy study was commissioned by Florida Sports (a segment of Enterprise Florida) with the goal of studying the economic impacts of multiple facets of the state's sports and recreation cluster. The study is broken into the 10 major components of sporting and recreational activities in Florida, including Amateur Sports, Professional Sports, College Sports, Fishing, Hunting & Wildlife, Golf, Sporting Apparel Sales, Parks & Recreation, Pari-Mutuel Wagering, Recreational Horse Ownership and NASCAR racing events. In this instance, an impact was calculated for each of the separate Sports and Recreation components. The study modeled both the exogenous changes to the economy, as when visitor spending related to a sporting event occurs, as well as economic activity of residents which retains dollars in the local economy. Visitors were responsible for approximately 40% of the total statewide economic impact activity related to Florida's sports. Our tourism work extends even beyond the seven projects provided above. The Haas Center recently finished a survey and study on the Foo Foo Festival in Pensacola, FL for Arts, Culture and Entertainment, Inc. Researchers spent approximately 50 hours collecting intercept surveys at three festival events. The Foo Foo Festival, now in its fourth year, attracted more than 9,000 25 unique visitors to its 12 days of events. The Center was also commissioned by the Santa Rosa Island Authority to conduct the Impact of Pensacola Beach on the Regional Economy study (2012). Results from the economic impact analysis show trends in tourist spending across major business sectors in Pensacola Beach and provide insight into where policymakers may focus marketing and branding efforts in order to maximize economic growth in Escambia County. Additional tourism work includes A Comprehensive Economic Impact Assessment of the Blue Angels Airshow; A Comprehensive Assessment of the 57th Annual Billy Bowlegs Festival; and Cultural Tourism and the Escambia Economy. 26 78 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 2, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Annual Bid 2021004 for Mowing at Fire Rescue Stations BACKGROUND: On behalf of the Department of Emergency Services, sealed bids were solicited for grounds mowing at the 13 permanent County Fire Stations (Stations 7 and 15 have no areas that require mowing). No current contract is in place for this work. The proposed initial term of the award is one year, with two one-year renewal terms available, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of Indian River County. BID RESULTS: Advertising Date: Bid Opening Date: Solicitation Broadcast to: Bid Documents Requested by: Replies: September 16, 2020 October 9, 2020 152 Subscribers 14 Firms 4 Firms Bidder Location Total Annual Bid 1. Higher Ground Land Services, LLC Okeechobee $52,608.00. 2. Jeffrey Hogues Lawn Care Vero Beach $80,000.00 3. J -MAC Cleaning Services, Inc. Miramar $86,400.00 4. Safeway Services Group, Inc. Orlando $199,322.10 ANALYSIS: The department reviewed the bids submitted, including qualifications and references, and has determined Higher Ground Land Services, LLC to be the lowest, responsive and responsible bidder. 27 FUNDING: Funding is budgeted and available in the Emergency Services District/Fire Rescue/Other Contractual Services Account (11412022-033490). Account Name I Account Number Amount. ESD/Fire Rescue/Other Contractual Services 1 11412022-033490 $52,608.00 The bids received are on file with the Purchasing Division. RECOMMENDATION: Staff recommends -the Board award bid 2021004 to Higher Ground Land Services, LLC, authorize the Purchasing Division to issue blanket purchase orders to the awarded bidder, and authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. 28 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S., Environmental Specialist SUBJECT: Florida State University - Sea Turtle Lighting Study DATE: November 3, 2020 DESCRIPTION AND CONDITIONS Indian River County's Sea Turtle Habitat Conservation Plan (HCP) outlines the adverse effects of artificial lights to nesting and hatchling sea turtles that typically emerge at night along the County's beaches. It is a goal of the Habitat Conservation Plan to decrease these impacts and improve the nesting habitat for all three protected species of sea turtle that utilize the County's beaches. Artificial lights on the beach at night can cause confusion in sea turtle hatchlings, attracting them away from the ocean. This makes them waste energy and become more vulnerable to predators. These events are called a Disorientation. During sea turtle surveys Staff and other Marine Turtle Permit Holders complete a report for each disorientation. Since the HCP inception in 2005, an average of 72 nests per year are reported to have disorientated, equating to negatively impacting around 8,000 hatchlings per year. Section 932.09 of the Indian River County Code of Ordinance depict regulations for coastal properties that serve to protect sea turtles. In summation the code states: that lights seen from the beach must be shielded so they do not illuminate the beach and must be an amber or red light bulb. Staff has been approached by Dr. Mariana Fuentes an Associate Professor at Florida State University where she leads the Marine Turtle Research Ecology & Conservation Group. Dr. Fuentes would like to conduct a sea turtle lighting study along portions of Indian River County's beaches and has asked for assistance from County Staff. The study includes utilizing a novel technology to determine and measure the light field surrounding artificial lights along the beach, contributing to a better understanding of how the artificial light impacts hatchling turtles. 29 This study is dependent on a grant application from. Dr. Fuentes requesting resources from the Florida Sea Turtle License Plate Grant Fund. If awarded the grant, Dr. Fuentes has asked for participation from, the County by contributing Staff time and the use of equipment. Staff would be included as a co-author if any peer-reviewed publications resulted from the study. FUNDING No funding is required for Staff participation as Staff salary is accounted for in the FY 20/21 budget cycle. RECOMMENDATION Staff recommends the Board of County Commissioners to allow the County's Sea Turtle Environmental Specialist to assist Dr. Fuentes in the described lighting study. Staff also recommends the Board of County Commissioners authorize the Chairman to sign the STLP Letter of Support to meet a requirement of the grant application. ATTACHMENT STLP Grant Letter of Support APPROVED AGENDA ITEM FOR: NOVEMBER 10, 2020 30 BOARD OF COUNTY COMMISSIONERS 180127th Street, Vero Beach, Florida 32960 Telephone: 772-567-8000 Florida Sea Turtle Grants Program Committee, FAX: 772-778-9391 Indian River County Board of County Commissioners fully supports the lighting study titled "Demystifying Hatchling Disorientation: Identification of Light Sources and Potential Factors Affecting Hatchling Disorientation" by Dr. Mariana Fuentes and encourages the Committee to award this grant application. The County recognizes that the goals and aim of this study will further advance the Indian River County Sea Turtle Habitat Conservation Plan. The County has agreed to support the study by contributing staff time and the use of County equipment. Please consider this contribution as match. Thank you for your consideration of this grant application. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Susan Adams, Chairman BCC Approved Date: 31 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Grant Application for Funding Assistance from the State of Florida Beach Erosion Control Program — FY 2021/2022 DATE:, November 2, 2020 DESCRIPTION AND CONDITIONS On July 31, 2020, the County received notification from the Florida Department of Environmental Protection (FDEP) that the Beach Management Funding Assistance Program was accepting applications for the FY 2021-2022 Local Government Funding Requests (EGFR). The County's LGFR application, submitted on September 30, 2020, requires an annual funding resolution from the Local Sponsor. The County's application requested $7,322,869.20 in State funding assistance for construction of the Sector 3 Beach and Dune Restoration Project.. This request is split out over 2 years based on anticipated construction and monitoring timeframes, with a FY 2021/2022 request of $5,058,390.84 and the FY 2022/2023 request of $2,264,478.36. Staff is requesting these funds for construction related expenses for the Sector 3 project. Staff anticipates cost sharing to be 50% State and 50% County. Total requested grant funding is $14,645,738.40; $7,322,869.20 State, and $7,322,869.20 County. The purpose of this agenda is to request Board approval of the County funding resolution as related to the Local Government Funding Request grant application. . FDEP requires an annual resolution from local governments requesting funding assistance through the FDEP Beach Management Funding Assistance Program. The Resolution does not specify a specific dollar amount. However, the Resolution enables the Department to consider the County's LGFR for Fiscal Years 2021/2022 and 2022/2023. FUNDING Local funding of Beach Restoration includes a portion of the Local Option Tourist Tax Revenue. Funding for construction of the Sector 3 Beach and Dune Restoration project is available and budgeted in the Beach Restoration Fund, Hurricane Matthew, Hurricane Irma and Hurricane Dorian Account No. 12814472-066514-17001. 32 RECOMMENDATION Staff recommends Board approval of the funding resolution. ATTACHMENTS Sector 3 LGFR 21-22 Funding Resolution APPROVED AGENDA ITEM FOR NOVEMBER 10, 2020 33 RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REQUESTING ASSISTANCE FROM THE STATE OF FLORIDA BEACH EROSION CONTROL PROGRAM - FY 2021/22 WHEREAS, Indian River County has experienced damage to structures and/or coastal lands by beach erosion in areas of public lands; and WHEREAS, Indian River County has established a Beach Preservation Plan and a Beach Preservation Fund to provide strategy and funding for beach restoration activities; and WHEREAS, the State of Florida has established a Beach Erosion Control Program for providing financial assistance for erosion control and preservation of the beaches within the State. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian. River County, as follows: 1. The County hereby requests State financial assistance for implementation of coastal erosion control improvements within Indian River County. 2. The County hereby designates Eric Charest, Natural Resources Manager for Indian River County, as the Project Manager and Agent on behalf of the County. THE FOREGOING RESOLUTION was offered by Commissioner and seconded by Commissioner and, being put to a vote was as follows: Chairman, Susan Adams Vice Chairman, Joseph Flescher Commissioner Tim Zorc Commissioner Peter O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this 10th day of November , 2020. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Indian River County, Florida Board of County Commissioners LE Deputy Clerk Susan Adams, Chairman Approved: Jason Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 34 INDIAN RIVER COUNTY MEMORANDUM TO: Jason E Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Phillip J. Matson, AICP Community Development Director THROUGH: Andrew Sobczak Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 11/3/2020 RE: Corrective Resolution for 86 of an Easement Located at 3755 9th Street SW It is requested that the Board of/County Commissioners formally consider the following information at its regular meeting pf November 10, 2020. On October 6, 2020, theoard of County Commissioners approved a resolution to release a (5) foot limited access eas ent located at 3755 9th Street SW. Since that action, a minor needed update to the legal des ription for the easement has been identified. As such, a corrective resolution including this upda has been prepared for the Board's approval consideration. RECOMMENDATION Staff recom/iends that the Board, through adoption of the proposed corrective resolution, approve release of the limited access easement described in the corrective resolution. 1 Proposed County Corrective Resolution Releasing Easement r 35 RESOLUTION NO. 2020 - A CORRECTIVE RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CORRECTING THE LEGAL DESCRIPTION IN RESOLUTION 2020-085 RELEA AN EASEMENT LOCATED AT 3755 9TH ST. SW WHEREAS, on October 61, 2020, Board of County Commissioner approved Resolution 2V6-085, partially releasing an easement, said Resolution 2020-085 is recorded at OR Book 3347 Pag 0, Public Records of Indian River County, however said easement contained an incorrect legal de ;c ' tion. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissio rs of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY CORRECT THE LEGAESCRIPTION contained in Resolution 2020-085 recorded at OR Book 3347, Page 070 to t following: THE SOUTH FIVE (5) FEET OF THE NORTH 35 FEET OF INDIAN RIVER FARMVOMPANY S/D PBS 2 - 25 SEC 27 TWP 33 RNG 39 TR 3 MORE PART DESC AS BEING THE E HALF OF THE NI LF OF THE W 20 AC OF TR 3. LESS CANAL ROW. (emphasis added) / This Corrective Resolution is executed by Indian River Florida, whose mailing.address is 1801 27th Street, Vero I THIS CORRECTIVE RESOLUTION was moved seconded by Commissioner , and ad 2020, by the following vote: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Bob Solari Commissioner Peter O'Bryan / Commissioner Tim Zorc y, a political subdivision of the State of Florida 32960. adoption by Commissioner , d on the day of , The Chairman declared the reso tion ly passed and adopted this day of , 2020 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AS TO LEGAL FORM: Attorney Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 36 �F Indian River County, Florida Department of Utility Services Board Memorandum Date: November 2, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, PE, Utilities Engineer Subject: First Amendment to Agreement between Indian River County, Florida and Vero Beach MOB, LLC, for Vero Beach Medical Office Building Description and Conditions: On May 19, 2020, the Board of County Commissioners (BCC) approved a developer's agreement between Indian River County Department of Utility Services (IRCDUS) and Vero Beach Medical Office Building, LLC, (Developer) to upsize a proposed sanitary sewer force main, from 4 -inches diameter to 6 - inches diameter, to allow connections from future development along Indian River Boulevard. The project is now in the construction phase; however, field conditions will require revisions to the design of the force main. The proposed force main will be installed by the horizontal directional drill (HDD) method as opposed to the open -trench method represented in Exhibit C of the approved Developer's Agreement. Also, IRCDUS received development plans for a parcel adjacent to the proposed force main and requested the Developer construct a connection point. Since the conditions requiring the HDD installation were not evident during the design phase, and the connection point was not included in the original design, the Developer has requested that IRCDUS share in the unforeseen additional cost. Analysis: Attachment 1 is the first amendment to the previously approved Developer's Agreement. The amendment details the additional cost that IRCDUS will reimburse the Developer. As shown on the revised Exhibit C of the attached first amendment, the additional cost to be paid by IRCDUS to the Developer is as follows: County's Share per Developers Agreement: $6,416.51 County's Share based on Additional Costs: $8,369.01 Total Additional Cost to County: $1,952.50 37 Funding: Funds for this project are derived from the Utilities Capital Fund. Utilities capital fund revenues are generated from impact fees. Description Account Number Amount Vero Beach MOB Off -Site Forcemain 1 472-169000-20519 $ 8,369.01 Recommendation: Staff recommends approval of the First Amendment to the .Developer's Agreement with Vero Beach Medical Office Building, LLC, and authorize the Chairman to execute the Amendment on their behalf. Attachments: 1. First Amendment to Agreement between Indian River County, Florida and Vero Beach MOB, LLC for Vero Beach Medical Office Building CA FIRST AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND VERO BEACH MOB, LLC FOR VERO BEACH MEDICAL OFFICE BUILDING THIS FIRST AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND VERO BEACH MOB, LLC FOR VERO BEACH MEDICAL OFFICE BUILDING ("Amendment") is entered into as of the day of 12020 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 ("COUNTY"), and Vero Beach MOB, LLC, a Florida limited liability company, whose address is 435 5th Avenue N., St. Petersburg, FL 33701 (the "DEVELOPER"). RECITALS . WHEREAS, COUNTY and DEVELOPER entered into the Agreement Between Indian River County, Florida and Vero Beach MOB, LLC for Vero Beach Medical Office Building, dated , 2020, (the "Agreement"), which address a cost -share between the parties for the construction of certain off-site utility improvements (the "Improvements"); and WHEREAS, the costs: of the Improvements exceeded the initial cost estimate set forth in the Agreement, NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Amendment of Section 1 (Off -Site Utilities). The last two sentences of Section 1 of the Agreement is amended to read as follows: "Within 30 calendar days of acceptance of the bill of sale for the Force Main and submittal of the necessary maintenance security, COUNTY shall reimburse DEVELOPER nineteen percent of the estimated installation cost of the Force Main, as set forth in Revised Exhibit "C". The COUNTY shall pay no more than $6,^� $8,368.01 for the Force Main." 3. Exhibit "C" to the Agreement shall be removed and replaced with Revised Exhibit "C", which is attached to this Amendment. 4. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, County and Developer have executed this instrument this _ day of , 2020 39 INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman Board of County Commissioners Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold County Attorney Jason E. Brown, County Administrator DEVELOPER: Vero Beach MOB, LLC Lo Patrick Marston Vero Beach MOB, LLC Managing Member Date: Witness Signature Witness Printed Name Witness Signature Witness Printed Name 40 STATE OF FLORIDA COUNTY OF The foregoing was acknowledged before me this day of 20_, by the of a Florida , who executed on behalf of and with the full authority of said entity, and who is either personally known to me or produced (driver's license or passport) as identification. NXISMIKU signature: (stamped seal with printed name, commission number and commission expiration date) SEAL: 41 REVISED EXHIBIT C ESTIMATE OF CONSTRUCTION COST 2) 6 -INCH FORCE MAIN (County -requested items) Vero Beach MOB Forcemain Cost - Direction Drill - Shared Costs Bid Item No. Bid Item Description 1 EA $ 560.00 Estimated QuantityUnit 560.00 Unit Price . Total Price 1) DIRECTIONAL BORE COST DIFFERENTIAL 1,100.00 3 4" Cap 1 ORIGINAL DEVELOPER'S AGREEMENT (IRCDUS share) (ExMQ1 EA $ 6,416.51 $ 64.16.51 2 6" PVC R18 (Cost difference for the u sized PVC) (Exhibit C)-475 LF $ 5.70 $ 2707.503 4" HDD inc HDPE, Fusing, & Bentonite Removal) (Develo er R u-475 LF $ 25.50 $ 12112.504 6" HDD (ine HDPE, Fusing,& Bentonite Removal) (County Request475 LF $ 31.50 $ 14,962.50 1 - Total cost differential to upsize to 6" HDD $ 6,559.01 2) 6 -INCH FORCE MAIN (County -requested items) 1 6" x 4" Tee 1 EA $ 560.00 $ 560.00 2 4" Gate Valve w/ blind flange 1 EA $ 1,100.00 $ 1,100.00 3 4" Cap 1 EA $ 150.00 $ 150.00 2 - Total County -requested items $ 1,810.00 1 - Total cost differential to upsize to 6" HDD $ 6,559.01 2 - Total County -requested items $ 1,810.00 Aaron Bowles, P.E. FL PE# 55313 Total shared cost to County $ 8,369.01 Date 42 CONSENT: 11/10/2020 Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: November 2, 2020 SUBJECT: Resolutions Cancelling Taxes on Properties Purchased for Public Purpose (58th Avenue Right -Of -Way from Paulette Brown, an unmarried woman; and 45th Street/Old Dixie Highway Right -Of -Way Cornerclip from Gene Perry, Joined by his Spouse, Iva J. Powell; and Kenneth L. Johnson) Resolutions have been prepared for the purpose of earmarking the public use of the properties and cancelling any delinquent, omitted or current taxes which may exist on the following properties purchased by Indian River County: Public Purpose: 58th Avenue right-of-way Location/Description: Portion of Parcel 32-39-21-00001-0120-00003.1 Purchased from: Paulette Brown, an unmarried woman Instrument: Warranty Deed recorded in O.R. Book 3348, Page 2410 Public Purpose: cornerclip for right-of-way at 45th Street/Old Dixie Highway Location/Description: Portion of Parcel 32-39-23-00000-5000-00014.0 Purchased from: Gene Perry, joined by his spouse, Iva J. Powell; and Kenneth L. Johnson Instrument: Warranty Deed recorded in O.R. Book 3348, Page 55 43 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute each Resolution to cancel certain taxes upon the properties purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of each Resolution to the .Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: Resolutions cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 44 purchased from Paulette Brown, an unmarried woman public purpose: 58th Avenue right-of-way part of tax parcel 32-39-21-00001-0120-00003.1 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED. LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the. same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 45 RESOLUTION NO. 2020 - to make proper entries upon the. records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Paulette Brown, an unmarried woman, for 58th Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deeds describing lands, recorded in O.R. Book 3348, Page 2410, of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of November, 2020. 46 RESOLUTION NO. 2020 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller M Deputy Clerk Susan Adams, Chairman Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 47 purchased from Gene Perry, joined by his spouse, Iva J. Powell; and Kenneth L. Johnson public purpose: comerclip for right-of-way at 45th Street/Old Dixie Highway part of tax parcel 32-39-23-00000-5000-00014.0 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED. LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 48 RESOLUTION NO. 2020 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Gene Perry, joined by his spouse; Iva J. Powell; and Kenneth L. Johnson, for 45th Street and Old Dixie Highway right-of-way cornerclip, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deeds describing lands, recorded in O.R. Book 3348, Page 55, of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of November, 2020. . 49 RESOLUTION NO. 2020 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 29 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 0 Deputy Clerk Susan Adams, Chairman Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 50 ORIGINAL BCC meeting: November 10, 2020 SUBJECT: ORIGINAL: roMill ME CONSENT Granicus #20-2091 Resolutions Cancelling Taxes on Properties Purchased for Public Purpose (58th Avenue Right -Of -Way from Paulette Brown, an unmarried woman; and 451 Street/Old Dixie Highway Right -Of -Way Cornerclip from Gene Perry, Joined by his Spouse, Iva J. Powell; and Kenneth L. Johnson) 2 Resolutions If the Board approves please assign each Resolution with a�- number and fill in that number on each page; have the "vote" . filled in and signed by the Chairman, attested to by the Clerk; . and thereafter give the original to the Clerk to the BCC. Please send. a regular copy of each Resolution to: Nancy.Mossali: r �` Carol Bergeron Additionally, y'per,. the* recommendation paragraph, in the !staff,'-' report, the 'Clerk° is directed to send a certified copy'of each Resolution :-Tax Collector' - Property , Appraiser Thanks X14_25 r - •,. s ., 1 ,' �:. - '°r,\ _ ten. `y .. f' .. 5'`. CONSENT:11/10/2020 919 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: November 2, 2020 SUBJECT: Resolution Cancelling Taxes on. Property Purchased for Public Purpose (Right -Of -Way at Southeast Corner of 58th Avenue and 37th Street from Jennifer L. Schoenfeld and Heath Schoenfeld, wife and husband) A Resolution has been prepared for the purpose of earmarking the public use of the property and cancelling any delinquent, omitted or current taxes which may exist on the following property purchased by Indian River County: Public Purpose: right-of-way at southeast corner of 58th Avenue and 37th Street Location/Description: Portion of Parcel 32-39-33-00001-0000-00019.0 Purchased from: Jennifer L. Schoenfeld and Heath Schoenfeld, wife and husband Instrument: Warranty Deed recorded in O.R. Book 3349, Page 1210 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property purchased by Indian River County fora public purpose, and the Clerk to send a certified copy of the Resolution to the Tax 51 Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 52 purchased from Jennifer L. Schoenfeld and Heath Schoenfeld, wife and husband public purpose: for right-of-way at southeast comer of 58th Avenue and 37th Street part of tax parcel 32-39-33-00007-0000-00019.0 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 53 RESOLUTION NO. 2020 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Jennifer. L. Schoenfeld and Heath Schoenfeld, wife and husband, for right-of-way at the southeast corner of 58th Avenue and 37th Street, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deeds describing lands, recorded in O.R. Book 3349, Page 1210, of the Public Records of Indian River County, Florida. The resolution was. moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of November, 2020. 54 RESOLUTION NO. 2020 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA M Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By; Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney kk hbeh'Md .and 'Heath S , J id, hus';b.and) ti l � r? 4 ix 1 .s ►sign the :Resolution with �!a<<2.1"."WO each a e, have the 6`,' !/fi_' �r $ ti�3t..€I'S.iA`'=fir" �ton�paraaraah in :`Jth.e :vstatffr,{.q �' Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Ofce of ConsentAgenda 11/ 10/20 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney THROUGH: Richard B. Szpyrka, P.E., Public Works Director DATE: November 4, 2020 SUBJECT: Approval of Developer's Agreement with Florida Power & Light for the FPL Indian River Service Center BACKGROUND. Florida Power & Light Company (FPL) applied for major site plan approval for construction of a service center to be located on the west side of 98th Avenue between 16th and 12th Streets. Please see Figure 1 below, an aerial photo of the site Figure 1. Aerial photo of site. C:IU ,Al,gi,.MppD.mV—nliTe.pIBCLT h-1.gt.A..yPDF8.CLQa L00E98MOUCLQa/00EMDA— 56 On December 12, 2019, the Planning and Zoning Commission (PZC) granted major site plan approval for a 39:03 -acre project to be known as the FPL Indian River Service Center. Improvements to the site will include a two-story office building, a fleet services garage, two warehouses, a storm shelter, a 6,000 -gallon fueling system, a data center and a truck supply building. The site is zoned IL, Industrial Light. The uses proposed by FPL for the site are permitted in the IL zoning district, but since the site plan exceeds 150,000 square feet, the project required PZC approval. Because of its size and location, FPL was required to make certain dedications and off-site improvements. Those improvements include: • 20' Right -of -Way Dedication for 16th Street without compensation for Phase 1. (Completed) • 60' Right -of -Way Dedication for 98th Avenue without compensation for Phase 1. (Completed) • Construction of 16th Street from the first driveway connection to 98th Avenue is to include the westbound left turn lanes for both entrances and an eastbound left turn lane at 98th Avenue, prior to issuance of a certificate of occupancy (C.O.) for Phase 1. Construction of the remainder of 16th Street from the west property line to the first driveway connection to the site is to occur prior to issuance of a C.O. for Phase 2. • Reconstruction of 98th Avenue from the southern property line to SR 60 is to include 12 -foot travel lanes, and five (5) -foot bike lanes and a southbound right turn lane on 98th Avenue at 16th Street, prior to issuance of a C.O. for Phase 2. • 16th Street Sidewalk: A 5' wide sidewalk is to be constructed with associated ROW improvements as shown on the project's site plan. The final design of the 16th Street sidewalk will be reviewed and approved by the Public Works Department via the County right-of-way permitting process, and must be constructed prior to the issuance of a C.O. for Phase 2. • 98th Avenue Sidewalk: A 5' wide sidewalk is required along the site's entire 98th Avenue frontage. The final design of the 98th Avenue sidewalk will be reviewed and approved by the Public Works Department via the County right-of-way permitting process, and must be constructed prior to the issuance of a C.O. for Phase 2. • Streetlighting: Streetlights are required and will be maintained by FPL. The proposed streetlight locations and details are depicted on the project's site plan, and those streetlighting improvements must be installed, prior to the issuance of a C.O. for each respective phase. In order to set forth more specific timing and payment schedules for the required construction, the parties have agreed to enter into a Developer's Agreement (attached to this memorandum). FPL will construct the roadway improvements at a cost of $1,683,369.62. In exchange for the construction costs, the County will reimburse FPL for the design, engineering and construction of improvements that would have been performed by the County in the near future. The improvements include, the addition of 5 -foot paved shoulders, drainage improvements, and asphalt paving on the roadway section north of the projects north property line. The cost of said improvements is not to exceed $378,689.52, as depicted on the Engineer's Cost Estimate dated October 22, 2020, attached to the Developer's Agreement as Exhibit "B". Payment shall be remitted to FPL within thirty (30) days after receipt of the signed bill of sale. All road construction pursuant to this Agreement shall be in compliance with Florida Department of Transportation standards. C.IU rsllegismrUppDawIL,wnTempOCL TechoologieslearyPDF81(BCL(a)16OE9B7DI BCLQl00E9B7D.doc - - 57 FUNDING. Funding is available in Optional Sales Tax/FPL Indian River Service Center Road Improvements, Account # 31521441-066510-21001. RECOMMENDATION. Staff recommends that the Indian River County Board of County Commissioners approve the Developer's Agreement with FPL for the FPL Indian River Service Center and authorize the Chairman to execute the Agreement. Attachment: Developer's Agreement Copies to Richard B. Szpyrka, P.E., Public Works Director Jon Rosenthal, Manager— Construction, FPL via email Jon. Rose nth al(a)-fpl.com CIU sersl legis—r IppD—IL—ATempOCL TecknologiesleusyPDF81@BCLQ100E9B7DIeaBCLQl00E9B7D.doc - 58 DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND FLORIDA POWER & LIGHT COMPANY THIS DEVELOPER'S AGREEMENT ("Agreement") is made and entered into this day of , 2020, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County") and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, 700 Universe Boulevard, Juno Beach, FL 33408 ("Developer"). WITNESSETH: WHEREAS,. Developer proposes to develop a service center at 1575 98`h Avenue in Indian River County, Florida, to be known as the FPL Indian River Service Center, ("Service Center") on real property legally described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, the County and the Developer share mutual goals and have determined that they can assist each other.with respect to certain roadway, intersection, and drainage improvements described herein and required as a condition of the Service Center approval; and WHEREAS, the County and the Developer desire to enter into this Agreement to set forth the terms and conditions to which they have agreed with respect to the matters contained herein. NOW, THEREFORE, for and in consideration of these premises, Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Developer do hereby covenant, stipulate, and agree as follows: 1. Recitals: The foregoing recitals are incorporated as if fully restated herein. 2. Roadway and Intersection Improvements: Developer shall reconstruct 98`h Avenue from 16th Street to State Road 60, as a two lane paved street complete with signage, shoulders and striping in accordance with the approved plans developed by Kimley Horn and Associates, entitled "Indian River Service Center 98th Avenue & 166 Street; Project Number: 147088006" and said plans are incorporated by reference herein to this Agreement. County acknowledges that the contributions above satisfy the Developer's entire obligation with respect to off-site improvements through build -out of the Service Center, except to the extent that additional property or units may be added to the Service Center. The County shall not withhold any approval or permit, nor shall it deny concurrency, because of the condition or state of any intersection in the County as long as the Developer is in compliance with this Developer's Agreement. 59 3. 98h Avenue and 16' Street Right-of-way Dedication: The County acknowledges that the Developer has previously dedicated land to the County for future widening of 98h Avenue and 16' Street. 4. County Contribution: Upon final approval, which said approval will not be unreasonably withheld, of all roadway construction and acceptance of a bill of sale for drainage improvements constructed by Developer (including as -built plans), the County shall compensate the Developer for the design, engineering and construction of these improvements, not to exceed $378,689.52, as depicted on the Engineer's Cost Estimate dated October 22, 2020 and as amended through construction change orders for changes in work and costs shared with County, attached to this Agreement as Exhibit `B". Payment shall be remitted to the Developer within thirty (30) days after receipt of the signed bill of sale. 5. DOT Compliance: All road construction by the. Developer pursuant to this Agreement shall be in compliance with Florida Department of Transportation standards. 6. Miscellaneous: A. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. C. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any parties hereto. This Agreement shall not be effective unless signed by the Developer and the County. D. The obligations of the Developer to this Agreement are expressly conditioned upon the Developer's decision, at the Developer's sole discretion, to proceed with the development of the Service Center. E. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be withheld or delayed by the County for the Service Center or any portion thereof, nor shall the County delay or withhold any other required permits, provided that the Developer is in compliance with this Agreement, all applicable laws and regulations. F. Except as described herein, and in the plans submitted by the Developer and approved by the County, the County shall not require the Developer to 2 60 construct, contribute to, or share in the costs of any off-site improvements other than the payment of concurrency fees, which said fees have been paid to the County. G. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. Time shall be of the essence. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THAT MAY EXIST TO HAVE A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON OR ARISING OUT OF, UNDER, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT. H. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. I. Whenever the singular number is used in this.Agreement and whenrequired by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. The County and the Developer shall grant such further assurances and provide such additional documents as may be reasonably required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. K. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. L. All words, terms, and conditions contained herein are to be read in concert each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. M. The words herein and hereof and words of similar import, without referenced to any particular section or subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. N. In the event any term, conditions, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such 61 declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Approved by: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA. LE Susan Adams, Chairman BCC Approved: Attest: Jeffery R. Smith, Clerk of Court and Comptroller William K. DeBraal, Deputy County Attorney By: Deputy Clerk rd 62 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of- Witness £ Witness Signature Printed Name: Witness Signature Printed Name: STATE OF FLORIDA COUNTY OF FLORIDA POWER & LIGHT COMPANY A Florida Corporation By: Printed Name: Mathew Barrows Title: Senior Director, Corporate Real Estate The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 2020, by , as of FLORIDA POWER & LIGHT COMPANY, a Florida CORPORATION, on behalf of the corporation, who is personally known to me or who has produced as identification. (Notary Seal) Print Name: Notary Public My Commission Expires: 5 63 EXHIBIT A Sketch and legal Description of FPL Service Center DESCRIPTION: EXHIBIT „A„ TRACT 1. SECTION 9. TOWNSHIP 33 SOUTH, RANGE 38 EAST. ACOORDING TO LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIOA, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS CANALS, DITCHES AND RIGHTS-OF-WAY. LESS AND EKCEPT THE NORTH 50 FEET AND THE EAST 90 FEET THEREOF. CONTAINING 36667 ACRES. MORE OR LESSL . SUBJECT TO EASEMENTS, RESERVATIONS, AND/OR RIGHTS-OF-WAY OF RECORD. NOTES: 1. REFROOUCIIONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED TMIH A SURVEYOR'S SEAL Z LANDS SHOWN HEREON ARE: NOT ABSTRACTED FOR RIGHTS -CF -WAY EASEMENTS, OWNERSHP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS ARE RELATIVE TO A GRID BEARING OF N.002(122'E. ALONG THE EAST LINE OF SECTION 9, TONNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY FLORIDA. BASED ON THE FLORIDA STATE PLANE DDCRDINATE 9YSTEd, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (90/98 ADJUSTMENT). 4. DATA SH011N HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURWY AS SUCH. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KW=oGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON SEPTEYIBIR 11, 2020. 1 FURTHER OF DESCRIPTION MEEI5 THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J -i RIDA RD OF SURYEYORS AND MAPPERS PURSUANT TD FLCRIDA STATUTES 472.027. RONNIE L FURNISS, PSM PROFESSIONAL SURVEYDR AND MAPPER P6272 STATE OF FLORIOA - LS #3W SHEET 1 OF 2 ,AULFIELD & WHEELER. INC. CIVIL E NGIINEERING LANDSCAPE ARCHrFECTWE - SLRVEYING /u// 790D GLADES ROAID - SUITE 100 J BOLA BATON, FLORIDA 3343. PHONE (561)`,492-1991 f FAX {660~7150-1415 INDIAN RIVER SERVICE CENTER SKETCH OF DESCRIPTION TE A/ PG. N/AI 6 64 TrATE RO14D 60. 3'ITE 72 sr LOCATION a 12 sr A NORTH WALE UMIM YAR A? Sr NOTTT3SCALE NOTES: 1. REFROOUCIIONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED TMIH A SURVEYOR'S SEAL Z LANDS SHOWN HEREON ARE: NOT ABSTRACTED FOR RIGHTS -CF -WAY EASEMENTS, OWNERSHP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS ARE RELATIVE TO A GRID BEARING OF N.002(122'E. ALONG THE EAST LINE OF SECTION 9, TONNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY FLORIDA. BASED ON THE FLORIDA STATE PLANE DDCRDINATE 9YSTEd, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (90/98 ADJUSTMENT). 4. DATA SH011N HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURWY AS SUCH. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KW=oGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON SEPTEYIBIR 11, 2020. 1 FURTHER OF DESCRIPTION MEEI5 THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J -i RIDA RD OF SURYEYORS AND MAPPERS PURSUANT TD FLCRIDA STATUTES 472.027. RONNIE L FURNISS, PSM PROFESSIONAL SURVEYDR AND MAPPER P6272 STATE OF FLORIOA - LS #3W SHEET 1 OF 2 ,AULFIELD & WHEELER. INC. CIVIL E NGIINEERING LANDSCAPE ARCHrFECTWE - SLRVEYING /u// 790D GLADES ROAID - SUITE 100 J BOLA BATON, FLORIDA 3343. PHONE (561)`,492-1991 f FAX {660~7150-1415 INDIAN RIVER SERVICE CENTER SKETCH OF DESCRIPTION TE A/ PG. N/AI 6 64 i NORTH LINE 0 60' ROAD AND CANAL RESERVATION (P8 2. PG 25. SLC) t 3 -- — s _ +v NORTH LINE CF g� 70 SECTIGN 9 p' & TKs.GT tc SOUTH RESERVATION CORNER Lon ,LINE NOD'71"5o"E St39'3?'46"E 1308.69' - ' " 20.00` '. SOO'2022W cc 20.00' 60,1 NS9'37'445" W 1248,55 50.010' r S89'37'46'•E 30 30pw' w u w ^ � �Iu u �••' .� N Sy o Iz z 11_ INDIAN RIVER FARMS CO u _ . .f Cv Z. N: ` TRACT 'I v in z F s (PLAT BOOK 2, PAGE 25)F- ST_ LUCIE COUNTY, NOW INDP4A 7 v? � o w � u a tv ^ RIVER COUNTr, FLORIDA. w v <w amu] ` Ll W fq Wm a, J � drn V ry?O r go i tK Lj N O C. W fa Qz 12 Y 0 WK? NF- 4 I 0 S I qy i 0 z w Z LEGEND 60' w U w Dp - DEE, BOOK a^ m � w z � � V; © cr, t w IRFV,'CD - INDIAN RNER FARMS �' _;F� � \ td GRAPHIC SCALE rtAiER COA'Tn'DL DISTRICT ORB OFFICIAL RECORDS BOOT ' ` u. cr - 0 tJ w u 20 40 PS - FLAT BOOK PG - FACE 90 !!! r z R/'R' - FICHT CCJSAr•1TY - IN FEET) SLC - ST. LUCIEC UN I INCH = ;0 FT. +- SECTION CORNER SOUTHLINE OF TPACT i N89'.38'48"V/ 43 S4?rr'38'48"E 724_5.51' 60.00' - INDIAN RIVCR FARMS CO. TRACT 8 (PLAT EOOK 2. PAGE 25) ST. LUCIE COUNTC NOW MIDIN,A RIVER COUNTY, FLORIDA SHEET 2 OF 2 CraULFIELD 8K WHEELER. IWC. DATE 0V11/2020 2020 CIVIL ENGINEERING ff ! +:NDSCi-',E'E fikCHf I'EC`I UCiE - SLR4/F`!,NG OR?A NN 8Y RLE 7900 GLADES ROAD - SUITE rM, BCCA RATON, FLORIDA 33L31 PHONE. (561)-392-`9Q( / FAX (551)-750-11,52 FBJ EI G. SCALE AS SHO'A"N INDIAN RIVfIt SE82NCE CENTER SITT" of DESCRIPICIN JOB NO. 8,184 65 EXHIBIT "B" Engineer's Cost Estimate 66 N O N N 0 d i0 88888888888888888888888888858888588888888858'85�� 8888 M O e e88 888�0808�888M����"�'�8^ 9 ------------------------------------------------- -----H—H---H--HH--H-Hti--HHHH---H—h-H----ti-tiH-H— F A an$^�m 3 tlt� H 8 888g8 3 8 888 H' �Izll I I I I I I I F m Sm 888888888888 s88888888888888888888888888888888� _ 8$888:8S8�S� �888888eogo9N888m�81Oo T R g8 °` 8W 9 �.v++VIM = 8885888888888 88888888SS�SS88888888�88888888$$88 W 888$8°° d -------H---- o rv8g9i88sisv�iv�i$� -------------------H-------------w m�e n�.mi 7 O O b n$ N ip m O$ O m O O q 8 H m 9i n b O H a H o D � o o a = u u z E z 3 r rctt= ^ =�=�=a c0 N e-.`". n\ `D o •0°•'003 c z o —0 303 ="= 03 'u io- 'a c� z ddd_ o o i W¢ O c c— > S9,0 uaa < z g o o a o ak— o °m a a z c°� m z N o 0_W a o �w2tiCt� •- — 3 3 3 3 3 3 i 5 i B o z o -- oWo's o�s�a�8<<"¢�6�dda_dWaoa000 m=aaoWwoW_��aa=a=a=GG o3m��-z N> G�3ssss� I= 2E z a W o=== F W a 6 a W W W J m a g W 3 S 2 z N x z- d W>>> o c o W— z a w o W o i 0 s 0 o LL a O ...... x w ' c c a `o 'o z a 'o oo oo oo z o¢ c Q¢ O w i ��.. j j j r g w W t- w z z a a¢ 3 O O O O O u O O t C ,. 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V} to tn. t/) tR in N in N to O O O O O O n r O) T to to O O O O CD 0 M M � N 00 00 O O O O O O O O n n O rn to to O O O O O lfl t!l N N VY O O O O O O CO 0 M M N to O � O O t\ n n N to In O O O' O O ,i C) CD Q 0 �o l0 O tD O n N (V M Ol N N to V? tin tJT > > F > a > acbOi aj cc a) aIj Z_ c 0v c f- QCj D C N Q y (Vp U Z) c a z U a c a� ti w :a_ v vaj -0 U u v w y n 0o C J Q O v v on 'u d U U , E D 'm O z O/ O o f v. w0 0 0> m c F Z w 0 Ln w .-iN M ii iD CO 14 N M Ct of N �n ,n -.0 tD 0) (n 6) m Q VV V kD tD tD to N p N U1 p N N CL ✓ 1 Q Q L m a cu > a o w u LL H LL M r Cl R ) : E cr \ 00 00 00 \{ J �L!) \ 2 =22§\ 2 3 /32007) - # \)/j/}\\//f) 7 ®) ) /� \ \ / \ \ �\� . : Cl Ile r- ) : E cr \ J \{ J �L!) \ 2 =22§\ 2 3 /32007) - # \)/j/}\\//f) 7 ®) ) Ile r- October 30, 2020 heriffDeryl Loar Indian River County The Honorable Susan Adams, Chairman Indian River Board of County Commissioners 1801 27`h Street Vero Beach, FL 32960-3388 Dear Chairman Adams: We respectfully submit to the Board of County Commissioners a statement and ACH for the following excess fees for Fiscal Year 2019/2020: Fund 016, General Fund $509,161.74 Fund 160, LE Trust Fund $ 21,890.20 Fund 165, Offender Fees Fund $ 5.61 For the General Fund, 60% was related to reduction in expenses due to the COVID pandemic. Please place this item on the Constitutional Agenda for the November 10' board agenda. If you have any questions or require additional information, please contact me at 978- 6404. Sincerely, V Deryl Loar, Sheriff DL: nmj cc: Aimee Markford, CFO Kathy Minix, Finance Director 4055 41" Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772)569 -6700 201L Um INDIAN RIVER COUNTY SHERIFF'S OFFICE STATEMENT OF REVENUES, EXPENDITURES & CHANGES IN FUND BALANCE -BUDGET & ACTUAL FOR THE PERIOD ENDED SEPTEMBER 30, 2020 REVENUES OTHER REVENUE COMMISSARY SALES OTHER INCOME INTEREST TOTAL REVENUES EXPENDITURES 629.00 MENTAL HEALTH COURT PERSONAL SERVICES OPERATING EXPENSE CAPITAL OUTLAY CONTINGENCY 711.00 JUDICIAL PERSONAL SERVICES OPERATING EXPENSE CAPITAL OUTLAY CONTINGENCY TOTAL GENERAL GOVERNMENT EXPENDITURES 521.00 LAW ENFORCEMENT PERSONAL SERVICES OPERATING EXPENSE CAPITAL OUTLAY 523.00 CORRECTIONS PERSONAL SERVICES OPERATING EXPENSE CAPITAL OUTLAY TRAINING 521.99 LAW ENFORCEMENT CONTINGENCY 523.99 CORRECTIONS CONTINGENCY TOTAL PUBLIC SAFETY DEBT SERVICE PRINCIPAL INTEREST TOTAL EXPENDITURES EXCESS OF REVENUES OVER(UNDER) EXPENDITURES OTHER FINANCING SOURCES AND (USES) APPROPRIATION FROM BCC HOUSING PRISONER REVENUE SCAAP REVENUE OTHER REVENUE, SALE OF SURPLUS PROPERTY, ETC. OPERATING TRANSFERS OUT -BCC TOTAL OTHER FINANCING SOURCES AND (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER(UNDER) EXPENDITURES & OTHER USES FUND BALANCE -BEGINNING OF YEAR FUND BALANCE -END OF YEAR 76 General Fund Confiscated Property Offender Fees Fund 16. Fund 160 lFund 165 BUDGET ACTUAL VARIANCE ACTUAL ACTUAL 130,544 57,312 2,326,693 34,470 21950 136,298 42,744 2,254,064 20,626 (5,754) 14,568 72,629 13,844 2,950. 2,551,969 2,453,732 98,237 24,883,353 5,632,094 3,858,959 13,955,470 2,813,846 174,385 24,527,243 4,925,304 3,850,185 14,279,626 3,152,172 172,653 356,110 706,790 8,774 (324,156) (338,326) 1,732 63,999 88,159 5,952 8,274 12,775 12,836 51,318,107 50,907,183 410,924 158,110 33,884 53,870,076 53,360,914 509,1621 158,110 33,884 (53,870,076) (53,360,914) 509,162 (158,110) (33,884) 53,702,686 70,992 96,398 53,702,686 70,992 96,398 (509,162) 180,000 (21,890) 33,890 (6) 53,870,076 53,360,914 (509,162) 158,130 33,884 76 Leslie R. Swan Supervisor of Elections Indian River County October 29, 2020 The Honorable Susan Adams, Chairwoman Indian River County Board of County Commissioners Building A 180127 1h Street Vero Beach, FL 32960-3388 Dear Chairman Adams: 9(� Attached is check number 3968 in the amount of $ 46,224.09 which represents funds due to the Board of County Commissioners for the period ending September 30, 2020, as detailed below: SOE Fees $ 6,304.55 Candidate Qualifying Fees due to the BOCC $ 4,526.33 Excess 19/20 Budget $ 35,393.21 TOTAL $ 46,224.09 Should you have any questions or require additional information, please do not hesitate to contact me at 226-4705. Sincerely, ��'�-'"mak `� • � �'� 1�,��/`�� Leslie Rossway Swan Supervisor of Elections CC: Elissa Nagy, Finance Director Kristin Daniels, Budget Director �v�co Carole Jean Jordan, CFC z� ' G2 -� Tax Collector �1pR10a ° HOW MAY WE HELP YOU?"' MEMORANDUM y. TO:. Jason Brown, County Administrat FROM: Carole Jean Jordan, Tax Collecto (j uu" SUBJECT: Agenda Item DATE: October 30, 2020 Please place the following on the. Agenda for the Board of County Commissioners meeting on Tuesday November 10, 2020 under Constitutional Officer's Matters: Tax Collector, Carole Jean Jordan. We are hereby presenting our Annual Fiscal Report for the Fiscal Year Ended September 30, 2020 as required by Section 218.36 of the Florida Statutes. Also attached is the Report of Distribution of Excess Fees for fiscal year ended September 30, 2020. Thank you for your attention to this matter, and if you have any questions or if we. can be of any assistance, please feel free to call me at extension 1335. cc: Kristen Daniels, Budget Director Elissa Nagy, Finance Director P.O. Box 1509, Vero Beach, FL 32961-1509 E-mail: TaxCollector�irctax.com . Website: www.irctax cam, Phone: (772) 226-1338 Fax (772) 770-5009 78 EXCESS1920 INDIAN RIVER COUNTY TAX COLLECTOR CAROLE JEAN JORDAN, TAX COLLECTOR EXCESS FEE DISTRIBUTION YEAR ENDING SEPTEMBER 30, 2020 DUE TO COUNTY DUE TO OTHER GOVT TOTAL EXCESS FEES 100.208.1000 $ 2,596,763.53 100.208.0000 $ 270,889.75 $ 2,867,653.28 ALLOC 90.55% 9.45% 79 COMMISSIONS 913012020 COLLECTED EXCESS FEES AGENCY 2019/2020 $ 2,867,653.28 GENERAL FUND $ 5,109,327.40 $ 2,596,763.53 FIND $ 11,524.35 $ 5,857.13 SCHOOL BOARD $ 5.84 $ 2.97 ST JOHNS WMD $ 86,945.63 $ 44,189.36 SEB INLET DIST $ 8,265.68 $ 4,200.39 MOSQUITO CONT $ 90,362.26 $ 45,925.74 HOSPITAL $ 288,484.76 $ 146,620.07 FELLSMERE WCD $ 1,500.00 $ 762.34 IR FARMS WCD $ 1,500.00 $ 762.33 ST JOHNS IMPROVE DIST $ 1,500.00 $ 762.34 SEB RIVER IMPROV DISTRICT $ 1,500.00 $ 762.34 VERO LAKES WCD $ 19.04 $ 9.68 DELTA FARMS WCD $ 1,500.00 $ 762.34 SEBASTIAN STORM DRAIN $ 39,884.64 $ 20,272.72 TOTAL $ 5,642,319.60 $ 2,867,653.28 DUE TO COUNTY DUE TO OTHER GOVT TOTAL EXCESS FEES 100.208.1000 $ 2,596,763.53 100.208.0000 $ 270,889.75 $ 2,867,653.28 ALLOC 90.55% 9.45% 79 L In N i I SII ISI■ Ln N ff�a I Ii fA W QD Nt N M NN 3 N. 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H CO ca M W M M M v r In In r r co 0 r- OD 0 O H Q Orr wvwI� h �•" 0 L 00 h r o CO r CO ' C- OD r N co co h r r0 Innrn Mn�a� o 1% 1% OD Oct t: o MND - RNr0 CD Ow Oh r co pppp 0 M r M In M w N CD f- f- w @ Z N M v N M 0 N N N N M N M CM LL 6% Q: w m C3 Z r NIn 0 r r 00 N OD co OD OD O m a) N 000 �-M,TO 0a0 00000 N MM .= Z rrr-NNNNN N NN N O U' U Q W Z U O W w w z z og w ° CO LL IrU a Z J O U ZW m - W =_ W z }} a W w F- Q IL W O F O (7 0 Z U w wO~ oOD: O~ LL U) UJ W 3: IL Q JO LL.» L'. -i O Q O Q m J LLjW U>QO LLm0 w QOu'0w wwwW Q Q: wUWZ tl ' 0 J 4Q_Ll WOf W W JJ J2 W U = w F- OWUW m H Z cn=O. Q_' WZF-W W a W Q F --O~0 < < J 1- � O J Zcn U�� W fnCnO w J VIZm(nOZ F_JJ.Jw m Q z CO zUZz0w2<<z Q w�000m Ua:��O J 0 m w J O }Z)W JF-=Q•Z J HO Q O W W W Q W O J J = F- O M W W O J U W W W W D_ === U Z U) OUwmw==O F¢- mU»>Z W F - F- Z O Id H QWOUZMzF-F-2 p QQo00� o000 Q O D LL O O UQ_wQ-U_OO¢ F- F- LL ►- F- INDIAN RIVER COUNTY, FLORIDA TAX COLLECTOR STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL ALL GOVERNMENTAL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 2020 REVENUES CHARGES FOR SERVICES: COUNTY OFFICERS COMMISSIONS MISCELLANEOUS REVENUES: INTEREST OTHER REVENUES TOTALREVENUES EXPENDITURES GENERAL GOVERNMENT SERVICES: FINANCIAL AND ADMINISTRATIVE: PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY DEBT SERVICE: PRINCIPAL RETIREMENT INTEREST TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES GENERALFUNO VARIANCE FAVORABLE ACCOUNT NUMBER BUDGET ACTUAL (UNFAVORABLE) OTHER FINANCING SOURCES (USES) TRANSFERSIN LEASE PURCHASE PROCEEDS LEASE PURCHASE CIP TRANSFERS OUT TOWARD OF COUNTY COMMISSIONERS TRANSFERS OUT TO OTHER GOVERNMENTS TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10/01/19 FUND BALANCES 9130120 341.80 $7,101,700 $ 7,393,656 $ 291,956 361.10 .50,000 37,085 $ (12,915) $ 7,151,700 $ 7,430,740 $ 279,040 513.10 $ 3,727,595 $ 3,638,484 $ 89,111 513.30 923,735 923,174 $ 561 513.60 14,301 1,429 $ 12,872 513.71 - - $ - 513.72 - $ - $ 4,665,631 $ 4,563,087 $ 102,544 $ 2,486,069 $ 2,867,653 $ 381,584 (2,251,226) (2,596,764) (345,538) (234,843,__(270,889) (36,046) $ (2.486,069) $ (2,867,653) $ (381,584) $ S. 0 $ 0 I do solemnly swear that the foregoing is a true, correct and complete report of all revenues and penditures of my office for the year ending the 30th day of September, 2020. lgnature) Office of Tat Collector, Indianiver County U) W H J_ C13 Q J ❑ O Z o Q N 0 W M U W Q m } Oo Z W W =)J(D>-U) OO=ww � V 0 Z > waw ~ O JQ Q a w i o w z Fw- z Q F- (1) cn O O LL Z Z m 2 O U 0)4 , , , , T (O M ' U.) 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E . . . LUocr 2 r F-< L)Cl _ m w . w � T" � E c . m ¢ . 2 . ' TI \ , f 6"). E . . . 1 2 r F-< 0 ~ C14 w . w � T" M E c . m ¢ . k . \ eLU tre\0z 0 � 0 F F- /pp%� cri \%� §OI cr $bb 6 OR i <Z2 < E$uow0LU>L) om ke ® >b-b� 0 Cl) CO . . . Z b � . , � k0<P� L) / U) 2 LU LL2u > m � RF- 2 < EO/ . Q $ / / 7 / 0 (D LL 2 2 C13 TI \ , f 6"). E . . . 1 9 F-< C14 C*4 � ( k # e LO 60 % . 04 61P 2 b S E . . . . \ / F-< U) LU �E $ 2 T" > -i>0� < o LL Emk UJ # e LO 60 % . 04 61P 2 b S E a F-< U) LU �E $ 2 � J=m LLJ w > -i>0� < o LL Emk UJ o > @ -i>2mn % Gbo3 COO $RLL2k @ � eLU tre\0z L �T-/�LU c3�2Ro J«22 m < /pp%� cri \%� §OI 2� OR ' ®k E$uow0LU>L) om ke Qok<c«F «oO=Lu 0 E Carole Jean Jordan, CFC Tax Collector How Ma Y WE HELP You?" October 30, 2020 The Honorable Susan Adams Chairman, Board of County Commissioners Indian River County 180127" Street, Bldg A Vero Beach, Florida 32960 Dear Chairman Adams: I am enclosing the 2020 Excess Fee Report of, the Indian River County Tax Collector's Office. Total income for fees from all sources and investment income for 2020 was $7,430,740, a difference of $279,040 over projected income; total expenditures were $4,563,087, which is $102,544 under projected expenditures. The excess fees were $2,867,653 an increase over projected excess fees of $381,584. This breaks down to $2,596,764 beingreturned to the Board of County Commissions, an increase of $345,538 from our projected amount, and $270,889 being returned to the other taxing districts. If you have any questions, please contact.me. Si erely, arole Jean Jordan Tax Collector CJJ:ekp Enclosure cc: Elissa Nagy, Finance Director P.O. Box 1509, Vero Beach, FL 32961-1509 E-mail: TaxCollector@irciax.com + Website: wwW.irctax.com, Phone: (772) 226-1338 Fax (772) 770-5009 87 EXCESS1920 INDIAN RIVER COUNTY TAX COLLECTOR CAROLE JEAN JORDAN, TAX COLLECTOR EXCESS FEE DISTRIBUTION YEAR ENDING SEPTEMBER 30, 2020 ALLOC DUE TO COUNTY 100.208.1000 $ 2,596,763.53 90.55% DUE TO OTHER GOVT 100.208.0000 $ 270,889.75. 9.45% TOTAL EXCESS FEES $ 2,867,653.28 COMMISSIONS 913012020 COLLECTED EXCESS FEES AGENCY 2019/2020 $ 2,867,653.28 GENERAL FUND $ 5,109,327.40 $ 2,596,763.53 FIND $ 11,524.35 $ 5,857.13 SCHOOL BOARD $ 5.84 $ 2.97 ST JOHNS WMD $ 86,945.63 $ 44,189.36 SEB INLET DIST $ 8,265.68 $ 4,200.39 MOSQUITO CONT $ 90,362.26 $ 45,925.74 HOSPITAL $ 288,484.76 $ 146,620.07 FELLSMERE WCD $ 1,500.00 $ 762.34 IR FARMS WCD $ 1,500.00 $ 762.33 ST JOHNS IMPROVE DIST $ 1,500.00 $ 762.34 SEB RIVER IMPROV DISTRICT $ 1,500.00 $ 752.34 VERO LAKES WCD $ 19.04 $ 9.68 DELTA FARMS WCD $ 1,500.00 $ 762.34 SEBASTIAN STORM DRAIN $ 39,884.64 $ 20,272.72 TOTAL $ 5,642,319.60 $ 2,867,653.28 ALLOC DUE TO COUNTY 100.208.1000 $ 2,596,763.53 90.55% DUE TO OTHER GOVT 100.208.0000 $ 270,889.75. 9.45% TOTAL EXCESS FEES $ 2,867,653.28 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 October 29. 2020 Honorable Susan Adams. Chairman and Indian River County Board of County Commissioners 1801 27`x' Street Vero Beach, FL 32960 Dear Chairman Adams and Counts Commissioners: ,est, Enclosed please find our check in the amount of S262.92?.30 which represents excess fees for non - court operations and is approximately 561,000 higher than last vear. This is even after we u -ere not able to process L'S Passports for 5 months due to COVID, which would have resulted in ever higher excess fees. I would like to take this opportunity to thank the Board and County administration for their assistance, support, and leadership through the pandemic. With the acquisition of the E -Procurement and Accounts Pavable Vvorkflow modules for our Munis accounting sv_ stem. we will not only be ready for future emergencies, but we will realize increased efficiencies. We also appreciate the Boards assistance with the continuing renovations and future expansion of our courthouse. Should anyone have any questions on the attached report. please contact me at extension 3103 or Elissa Nagv at extension 1670. Sincerely_ Jeffrey R. Smith. CPA. CGFO, CGMA Clerk of Court and Comptroller Cc: Jason Brown, County Administrator Kristin Daniels. Budget Director Elissa Naar. Finance Director Cindy Carlsward; Court Operations Director 89 INDIAN RIVER COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL GENERAL FUND FOR THE YEAR ENDED SEPTEMBER 30,, 2020 FINAL REVENUES BUDGET NON COURT OPERATIONS REVENUE S 1,224.500 COURT OPERATIONS REVENUE 2,785.297 MISCELLANEOUS REVENUES 58.977 TOTAL REVENUES 4.068,774 EXPENDITURES PERSONAL SERVICES 4.660,211 OPERATING EXPENDITURES 491,223 CAPITAL OUTLAY 7,991 TOTAL EXPENDITURES 5,159.425 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (1,090;651) OTHER FINANCING SOURCES (USES) TRANSFERS FROM BOARD OF COUNTY COMMISSIONERS TRANSFERS TO BOCC TOTAL OTHER FINANCING SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES 10/01/1.9 FUND BALANCES 9/30/20 I; Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller of Indian River County, Florida, do hereby certify that the foregoing are true and accurate annual reports of all official expenses and net. income and unexpended budget balances as of the close of the fiscal year ended September 30.2020 I have hereunto set my official eal this date, October 29, 2020. Jeff, cey�R: Amitk Clerk of Circuit Court and Comptroller S 1,090,651 1,090,651 GENERALFUND VARIANCE FAVORABLE ACTUAL (UNFAVORABLE) $ 1.431.588 $ 207.088 2,806,753 21,456` 70.641 11.664 4;308,982 240,208 S 4,635:081 25,130 493,640 (2.417) 7.990 1 5,136,711 22,714 (827,729) 262.922 1.090,651 (2627922) (262,922) 827,729 (262;922) -S 90 Pay INDIAN RIVER COUNTY BOARD OF COUNTY To the COMMISSIONER Order Of , - FILE COPY NON-NEGOTIABLE Jeffrey R. Smith Clerk of the Circuit Court & Comptroller, Indian River County, Vero Beach, Florida PAGE: 1 OF 1 CHECK NUMBER: 00008717 Jeffrey R. Smith Vendor Check Clerk of the Circuit Court & Comptroller Number Date Check Number '1 fas Indian River County, Florida 77 1,0/22/2020 8717 *Ou P.O. Box 1028 Vero Beach, FL 32960 $262,922.30 $262,922.30 'Two Hundred Sixty-two Thousand Nine Hundred Twenty-two Dollars and 30 Cents' Pay INDIAN RIVER COUNTY BOARD OF COUNTY To the COMMISSIONER Order Of , - FILE COPY NON-NEGOTIABLE Jeffrey R. Smith Clerk of the Circuit Court & Comptroller, Indian River County, Vero Beach, Florida PAGE: 1 OF 1 CHECK NUMBER: 00008717 INVOICE DATE_ INVOICE NUMBER DESCRIPTION INVOICE AMOUNT 09/30%2020 EXCESS FEE'FY19-20 EXCESS FEES FY 19-20 GL#:010 - 208008 56,403.18 GL#:050 - 208008 5256,519.12 $262,922.30 Vendor No. Vendor Name Check No. .Check;Date ..Check Amount -77 INDIAN RIVER COUNTY BOARD OF COUNTY... 1 8717 10/2212020' - $262 2:30 071XUTr1T11T.rL_111WUT1 TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 16, 2020 SUBJECT: Biosolids Moratorium Extension Ordinance - LEGISLATIVE I;CORT611 a II Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from sewage treatment facilities. Class B biosolids contain phosphorus and nitrogen, which promote algae blooms in surrounding estuaries and watersheds. Class B biosolids were recently being land applied in Indian River County, on properties near waterbodies such as Blue Cypress Lake. Blue Cypress Lake is the first lake along the St. Johns River and is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies. There is evidence of significant increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake. There appears to be a correlation between the increases of nutrients in Blue Cypress Lake and the land application of biosolids. It is important to note that per Florida Statute, the land application of Class B biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as a cheap alternative for the disposal and land application of Class B biosolids generated in South Florida. On July 17, 2018, the Indian River County Board of County Commissioners (the "Board") approved an ordinance establishing a 180 -day temporary moratorium on all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation. Additionally, the moratorium is imposed upon the transportation of Class B biosolids for land application within Indian River County, except where determined Ito be inconsistent with or preempted by state law or regulation. The moratorium on transportation does not apply to currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill. Finally, under the ordinance, the County Administrator is directed to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect. 92 Board of County Commissioners October 16, 2020 Page 2 On January 8, 2019, the Board approved an ordinance establishing another 180 -day temporary moratorium on the land application of Class B biosolids in the unincorporated areas of Indian River County. The moratorium was again renewed by the Board on June 18, 2019, December 10, 2019, and again on June 16, 2020, and will expire on January 1, 2021. During the 2019 legislative session, the Florida Legislature passed HB 829, which contained language that protected the ability of a county to continue to enforce or extend an ordinance, regulation, resolution, rule, moratorium, or policy adopted before February 1, 2019, relating to the land application of Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed or until the effective date of the rules adopted by FDEP, whichever occurs first. In the 2020 legislative session, the Florida Legislature passed SB 712, which states that "[a] municipality or county may enforce or extend a local ordinance, regulation, resolution, rule, moratorium, or policy, any of which was adopted before November 1, 2019, relating to the land application of Class A or Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed by the municipality or county." Governor Ron DeSantis signed SB 712 into law on June 30, 2020. Thus, the County Attorney's Office is presenting to the Board another moratorium ordinance consistent with SB 712, which will extend the moratorium to June 30, 2021. FUNDING. The cost of publication of the required public notice for the public hearing was $150.48. The cost was funded from General Fund/County Attorney/Legal Ads (account number 00110214-034910). RECONEMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft ordinance. ATTACHMENT(S). Draft Biosolids Moratorium Ordinance 93 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR. EXHAUSTION OF ADMINISTRATIVE. REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and chapter 125, Florida Statutes, counties have broad home rule powers to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the. residents of the county; and WHEREAS, the Indian River County Board of County Commissioners ("Board") specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County; and WHEREAS, Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic wastewater sludge from wastewater treatment facilities that contain algae supporting nutrients such as phosphorus and nitrogen; and WHEREAS, phosphorus and nitrogen pollution have been a long term problem for surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem with one which is undesirable to humans and native wildlife; and WHEREAS, the Board finds that the proper regulation of the land application of Class B biosolids is necessary and appropriate to guide the future use, development, and protection of the land and natural resources in the unincorporated areas of Indian River County and within drainage areas potentially affecting conservation lands and the Indian River Lagoon; and WHEREAS, the land application activities of Class B biosolids were being conducted on property in Indian River County, in areas near waterbodies such as Blue Cypress Lake; and WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is classified by the Florida Department of. Environmental Protection as a Class I surface water with a designated use for potable water supplies; and 94 WHEREAS, in 2018 there were Mycrosystis blooms at Blue Cypress Lake; and WHEREAS, Jones Edmunds Associates, after analyzing historic St. Johns River Water Management District data, identified a relationship between the increase in land applied biosolids in the Blue Cypress Lake watershed and an increase in phosphorus levels in Blue Cypress Lake; and WHEREAS, on November 29, 2018 at the Florida Department of Environmental Protection Biosolids Technical Advisory Committee, the St. Johns River Water Management District staff presented information that showed a clear correlation of increased phosphorus levels where land applied biosolids were spread at FDEP permitted sites within the Upper St. Johns River basin; and WHEREAS, the land application of biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as the cheapest alternative for the disposal and land application of Class B biosolids generated in South Florida; and WHEREAS, in 2017, 73% of all the land applied Class B biosolids were spread in Indian River, Osceola and Brevard Counties; and WHEREAS, adding to the present nutrient loading in the St. Johns River Basin may further inflict damage to the health, safety, and welfare of humans and wildlife in Indian River County and the State of Florida; and WHEREAS, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals; and WHEREAS, however, the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Class B biosolids from waterbodies; and WHEREAS, on July 17, 2018, the Board determined that a temporary moratorium of 180 days was needed to study the effects that the disposal and land application of Class B biosolids has on the water resources of Indian River County and to protect water quality in the St. Johns River watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts potentially caused by the land application of Class B biosolids; and WHEREAS, County staff had met with owners of properties currently permitted through the Florida Department of Environmental Protection to land apply Class B biosolids and such owners indicated a good faith willingness to voluntarily cease Class B biosolids land application activities for the duration of the 180 day moratorium; and 95 WHEREAS, the Board has four times approved ordinances extending the temporary moratorium on land application of Class B biosolids activities, which moratorium will expire on January 1, 2021; and WHEREAS, the purpose of this ordinance is to extend the temporary moratorium on land application of Class B biosolids activities, as defined herein, for an additional 180 days, beginning January 1, 2021, except where such regulation of such activities is determined to be preempted to the state, for a period of time reasonably necessary for Indian River County to coordinate with the Florida Department of Environmental Protection and investigate the impacts of land application activities upon the public health, safety, and welfare, to promulgate reasonable regulations relating to such activities if deemed advisable. by the Board, and to assess their impact to Indian River County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted, re -adopted and incorporated herein. Section 2. Enactment Authority. Article VIII, section 1 of the.Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The. Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 180 days, or less if provided by an ordinance by the Indian River County Board of County Commissioners, a moratorium is hereby imposed and extended upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, beginning January.1, 2021, except where determined to be inconsistent with or preempted by state law or regulation or for testing per section 5 below as approved by the Florida Department of Environmental Protection. In addition, the moratorium is hereby imposed and extended upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. All currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. 96 Section 4. Expiration of Temporary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 180 days from the moratorium effective date set forth in this ordinance, June 30, 2021. The moratorium may be extended or terminated early by adoption of an ordinance or resolution of the Indian River County Board of. County Commissioners. Section 5. Study of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to continue to coordinate with the Florida Department of Environmental Protection and the St. Johns River Water Management District and to continue to study in depth and report findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 180 days after the effective date as set forth in this ordinance. Section 6. Exhaustion of Administrative Remedies. A property owner claiming that this ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted administrative remedies. Section 7. 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 8. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 25th day of October, 2020, for a public hearing to be held on the 10th day of November, 2020, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted. The vote on this ordinance was as follows: Chairman Susan .Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the ordinance duly passed and adopted this 10th day of November, 2020. 97 ATTEST: Jeffrey R. Smith, Clerk and Comptroller 0 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of November, 2020. a- Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY ATTORNEYS OFFIC 1801 27TH ST VERO BEACH, FL 32960-3388 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 10/25/2020 Subscribed and sworn to before on October 25, 2020: Notary, State of WI, County of Brown TARA MONF.)1_PCH Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $150.48 Ad No: 0004425993 Customer No: 1310775 PO #: PJ re biosolids # of Affidavits 1 �jq.QQ-I NOTICE OF INTENT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHOR- IZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 180 DAYS, OR UNTIL A COMPRE- HENSIVE REVIEW OF THE IM- PACT ON THE COUNTY'S ECO- SYSTEM IS COMPLETED, WITHIN THE UNINCORPORAT- ED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVID- ING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLI- CATION ACTIVITIES; PROVID- ING FOR EXHAUSTION OF AD- MINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The Public Hearing will .be held on Tuesday, November 10, 2020 at 9:05 a.m., or as soon thereafter as the matter may be heard, in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th. Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public, by appointment, during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) by calling the Office of the Clerk to the Board of County Commissioners at 772- 226-1916; or alternatively, the proposed ordinance may be inspected at www.ircgov.com. Anyone who may wish to ap- peal any decision which may be made at this meeting will need to ensure that a verba- tim record of the proceedings is made, which includes testi- mony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- ing must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS SUSAN ADAMS, CHAIRMAN Publish: Oct. 25, 2020 TCN4425993 /d� MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE November 2, 2020 RE: Public Notice of Public Hearing Scheduled for November 17, 2020 re Face Covering Ordinance - LEGISLATIVE The Board of County Commissioners will hold a Public Hearing on Tuesday, November 17, 2020, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR ADOPTION OF RECITALS; PROVIDING FOR FACE COVERING REQUIREMENTS AND EXCEPTIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICT, SUNSET DATE AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 180127th Street, Vero Beach, Florida 32960. /nhm 99 1/A SER c os� Office of the z n� INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: November 2, 2020 SUBJECT: CARES Act Phase 2 - Proposed Spending Plan Revisions BACKGROUND: On July 14° 2020, the Board of County Commissioners approved the initial CARES Act Spending Plan for the first 25% allocation received from the State. Subsequently, on August 18, 2020, the Board approve revisions to the initial plan. On September 22, 2020 the Board approved allocating an additional $4,662,600 under the Phase 2 Spending Plan, bringing the total proposed plan to $11,638,933. The State has recently provided guidance stating that in order to receive the next 20%, or $5,581,066 advance, the County must provide a Spending Plan that encumbers the entire first 45%by November 16, 2020. The following plan details proposed spending for the first 48.5%. Any expenses that exceed the 45%, or $12,557,399 will be processed on a reimbursement basis only. Should the County exceed this amount in actual expenditures, a temporary loan from the General Fund will be necessary to cover the shortfall until reimbursement from the CARES Act is received. It should be noted that this carries some risk to the County as there is the possibility that the State does not make such funding available to the County. This dynamic has been considered in the development of the proposed spending plan. ANALYSIS: The table below shows the currently approved allocation by category and requested revisions to the plan. 100 Phase 1 & Phase 2 Spending Plan Type of Expense Approved Allocation Additional Need Revised Total Municipalities $1,972,596 ($46,600) $19925,996 Constitutional Officer Expenses $1,555;000 $859,041 $2,414,041 BCC Expenses $1,996,337 $1,074,077 $3,070,414 Health Department $400,000 $0 $400,000 Other Healthcare Providers $200,000 $0 $200,000 State Agencies $30,000 $0 $30,000 Economic Development $810,000 $0 $810,000 Community Support $4,675,000 $0 $4,675,000 Total $11,638,933 $1,886,518 $13,525,451 As shown in the table above, $1,886,518 in revisions are being requested which brings the total Spending Plan to $13,525,451. Details regarding individual changes are itemized below. Municipalities The Board approved allocation to municipalities as detailed above is $1,972,596. At this time, the only municipality requesting a change to their allocation is the Town of Orchid. The Town of Orchid's original request for Phase 2 funding was $47,600, however the Town has since indicated that only $1,000 in additional funding is needed. The Town of Orchid did request that their unused allocation be contributed to the rental and mortgage assistance, or the small business assistance program as needed. Should additional funding in these programs be necessary, staff will incorporate these changes into future plan revisions. The City of Vero Beach has also requested an amendment to their initial scope of work, however the dollar amount of their allocation will remain unchanged. The City is proposing to decrease .planned spending on COVID-19 testing, public safety measures, and disinfection of pubic areas and increase their spending for food delivery. In summary, the proposed funding allocations for municipalities is decreasing by $46,600. Constitutional Officers An allocation of $1,555,000 has been approved for Constitutional Officer expenses. County staff continues to coordinate with the Constitutional Officers and is requesting an additional allocation of $859;041. The majority of this increase is to cover 10% of personnel costs for Sheriff's Office employees working in the Correctional Facility who are spending time of COVID-19 related activities. The Treasury has released guidance stating that, "as an administrative accommodation, governments may presume that public health and public safety employees meet the substantially dedicated test, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise " 101 This statement indicates that local governments have the ability to receive 100% reimbursement for all public health and public safety salary and benefit costs from March 1, 2020 — December 30, 2020, unless the chief executive determines specific circumstances indicate otherwise. Staff has determined that it is in the County's best interest to only charge the amount of staff time for public health and public safety employees that has been incurred as a direct result of COVID-19. The 10% determination has been made in consultation with Sheriff's Office staff. This conservative practice only seeks reimbursement for costs incurred, as opposed to recapturing costs for already budgeted expenses which is not allowable under the Treasury's guidance. The Tax Collector is requesting an additional allocation of $20,041 for touchless pin pads in order to conduct contactless business. BCC Expenses Staff estimates that an additional $1,074,077 will be needed for BCC expenses through December 30th. The increases in straight time, reduction in local match for FEMA overtime, and the newly added category for COVID-19 related overtime is presented as a result of staff s interest in applying these costs towards the CARES Act as opposed to the COVID-19/FEMA claim. Staff is recommending this option due to the length of time FEMA traditionally takes to reimburse the County for eligible expenses and the amount of staff time a FEMA claim takes to process. These expenses can be funded immediately under the CARES Act. As mentioned above, staff will charge only a percentage (15% - 20%) of public health employee expenses to the CARES Act. This allocation will cover the supervisors' time spent on COVID-19 related activities such as managing COVID-19 rescue units, ordering and distributing PPE, tracking positive patients, etc. All overtime expenses incurred as a result of the two additional COVID-19 rescue units was directly captured and charged to the CARES Act. Bi -polar ionization is also being proposed for Buildings A & B, the Courthouse, iG Facility, the Health Department and the EOC. Bi=polar ionization will be added to the existing HVAC systems in order to effectively reduce the airborne spread of COVID-19. Due to an unanticipated HVAC failure at the Health Department, bi-polar ionization will be also be installed as part of the replacement HVAC project. Unfortunately, it is not feasible to install these units in the remaining HVAC systems due to the age of those units. Staff is intending to replace the remaining units over the next six months and will add bi-polar ionization systems as part of that process. The cost of the remaining units will not be reimbursable under the CARES Act since the work will be performed after December 30th. IT upgrades are being proposed to conduct remote meetings at the iG Facility and move to a more paperless working environment in order to promote social distancing and contactless business. Additionally, educational videos are planned to replace in person learning opportunities that were conducted pre-COVID for our conservation lands areas. Type of Expense Approved Allocation Additional Need Revised Total BCC Expenses $1,996,337 $1,074,077 $3,070,414 COV ID- 19 Leave Time $317,963 $0 $317,963 COVID-19 Straight Time $278,157 $415,000 $693,157 Local (12.5%) Match for FEMA OT Claim $66,491 ($66,491) $0 102 COVID-19 Overtime $0 $500,000 $500,000 Worker's Comp - First $242,561 $0 $242,561 Responders Miscellaneous Purchases (PPE, Plexiglas Dividers, $442,670 $0 $442,670 Signage, etc. Bi -Polar Ionization $0 $184,568 $184,568 IT Upgrades $297,093 $41,000 $338,093 Temperature Taking $44,551 $0 $44,551 Kiosks Munis.Modules to $85,250 $0 $85,250 Support Teleworking Enhanced Cleaning of $96,601 $0 $96,601 Buildings Consultant Services $50,000 $0 $50,000 Educational Campaigns $75,000 $0 $75,000 RECOMMENDATION: Staff recommends that the Board approve the Spending Plan revisions which total $1,886,518 as detailed above (see attachment) which brings the total Spending Plan to $13,525,451 and approve the revised Spending Plan (attached). Staff further recommends that the Board authorize the Chair to execute amendments to the subrecipient agreements as follows: Town of Orchid - $1,000 in additional funding (since initial revision was not executed) City of Vero Beach — scope modifications 103 Indian River County CARES Act Spending Plan Initial 25% Allocation $6,976,333 Second 20% Allocation $5,581,066 Total Allocation $27,905,330 Proposed Round Two Allocation as of November 3,.2020 Approved Reimbursed as of November 10th Type of Expense Allocation November 2nd Revision Revised Total $1,925,996 Municipalities $1,972,596 $727,308 -$46,600 Fellsmere $309,067 $39,761 $309,067 Indian River Shores $65,000 $13,671 $65,000 Orchid $63,471 $14,718 -$46,600 $16,871 Sebastian $924,322 $4.86,192 $924,322 Vero Beach* $610,736 $172,967 $610,736 Constitutional Officer Expenses $1,555,000 $978,563 $859,041 $2,414,041 Clerk $137,292 $90,583 $137,292 Sheriff $1,219,177 $739,292 $839,000 $2,058,177 Property Appraiser $13,000 $12,823 $13,000 Tax Collector $185,531 $135,864 $20,041 $205,572 BCC Expenses $1,996,337 $1,532,133 $1,074,077 $3,070,414 COVID-19 Leave Time $317,963 $135,576 $317,963 COVID-19 Straight Time $278,157 $408,338 $415,000 $693,157 Local (12.5%) Match for FEMA OT Claim $66,491 1 $0 -$66,491 $0 COVID-19 Overtime $0 $273,538 $500,000 $500,000 Worker's Comp - First Responders $242,561 $120,827 $242,561 Miscellaneous Purchases (PPE, Plexiglas Dividers, Signage, etc.) $442,670 $151,140 $442,670 Bi -Polar Ionization $0 $0 $184,568 $184,568 IT Upgrades $297,093 $234,502 $41,000 $338,093 Temperature Taking Kiosks $44,551 $44,551 $44,551 Munis Modules to Support Teleworking $85,250 $58,100 $85,250 Enhanced Cleaning of Buildings $96,601 $73,385 $96,601 Consultant Services $50,000 $2,287 $50,000 Educational Campaigns $75,000 $29,888 $75,000 Health Department $400,000 $0 $0 $400,000 Other Healthcare Providers $200,000 $72,050 $0 $200,000 Treasure Coast Community Health (TCCH) $100,000 $72,050 $100,000 Cleveland Clinic $100,000 $0 $100,000 State Agencies $30,000 $22,961 $0 $30,000 Economic Development $810,000 $239,400 $0 $810,000 Small Business Development Center* $750,000 $239,400 $750,000 OJT College Partnership - Unawarded at this time $60,000 $0 $60,000 Community Support $4,675,000 $1,348,444 $0 $4,675,000 Treasure Coast Food Bank $800,000 $800,000 $800,000 Senior Resource Association $125,000 $0 $125,000 United Way $1,675,000 $487,500 $1,675,000 PPE Kits $75,000 $60,944 $75,000 Mortgage/Rental Assistance $2,000,000 $0 $2,000,000 Total $11,638,933 $4,920,8591 $1,886,S181 $13,525,451 Round 2 Total Request $6,549,118 *COVB allocated $120,000 of their allocation to the Small Business Grant Program which has been paid. In total, $359,400 has been paid to small businesses under the program. 104 Um M a C 00 3 C 0 C 2 N C � C Y 16 0 �3 0 a CD 0 tj CO N 0 N 9 N d C N i Nv C N E c In O 0 W X W C V Q M v E 1LJ M M Q O v v N cu -E `0 0 C E E 0 U N CL ai lu v O a 0 C 0 N Q ¢ O 3 1qp) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator FROM: Phil Matson, AICP Community Development Director DATE: November 2, 2020 . SUBJECT: Discussion of Development, Visioning, and Service Delivery Issues It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of November 10, 2020. BACKGROUND In the early 2000's, the county experienced rapid residential and commercial growth. With that growth came accompanying challenges including increased traffic, school overcrowding, reduced open space, and a fear of diminished quality of life. At the same time, the county's longstanding citrus industryfaced a number of its own challenges, including disease, declining demand, and foreign competition. The rapid consumption of developable land inside the urban service boundary coupled with an interest by developers to expand the boundary presented a previously unseen dilemma to the County's leaders. As a result, the county (through the Metropolitan Planning Organization) undertook a comprehensive visioning process that included a reevaluation of development policies. This process included professional facilitators and the establishment of a growth management committee with broad representation including both City and County elected officials. This was not the first time that residents of Indian River County reckoned with growth issues. Over the years, many other policy initiatives carried growth management implications, including the adoption of a thirty-five foot building height limit and the imposition of impact fees to fund infrastructure needed for new development. In 1983, the county adopted its first ever Comprehensive Plan. That plan analyzed existing growth.patterns and logical future extensions, forming the basis of our existing Future Land Use Plan and Urban Services Boundary. Currently, the county is again facing some of the same issues that occurred in the early 2000's, such as high residential demand, annexation requests by rural landowners, and declining citrus production. At the September 22, 2020 Board of County Commissioners meeting, Commissioner Susan Adams raised the issue of development and service delivery and requested that staff undertake an evaluation of existing development policies, with an eye toward reaching out to all stakeholders and assessing which of the County's policies should be updated in light of changing conditions. 106 ANALYSIS Planning for growth in Indian River County is a complex and, multi -phase process. At a minimum, staff believes the following factors must be included in any analysis: • A Forecast of Future Population Demand (including high, medium, and low growth scenarios); • An Evaluation of the Availability of Land (including Vacant Land, Redevelopment, and Infill) to accommodate Demand; • A Prediction for the future of rapidly changing "Drivers of Demand" (such as E -Commerce's impact on Commercial Development, Autonomous. Transportation, Environmental Issues, Weather Events, and Public Health); • An Evaluation of the Strengths and Weaknesses of existing development policies in light of the above; • An Estimation of available capacity and costs to deliver essential services (like water, road construction, and infrastructure maintenance) needed for new growth; • Coordination with Municipalities on growth assumptions, development policies, and vacant land availability; and • Scenario Planning and Consensus Building in preparation for adoption of Future Policies. At the November 10, 2020 BCC meeting, staff will discuss these issues at the conceptual level and seek guidance from the Board on future action. RECOMMENDATION This is an informational item; there are no recommendations at this time. 107 C C7 0�2 j j oq -3 • • 2 n 0 3 3 • m D O 3 • W n n CD n I O n O �-. O h h Q c n c I A J x D i CP- io7 ,5- 0 �n z D C/7 I (D,I , Lp z r- r D z "' rn z � � _ O n rn rn c� � _ D rn � C rn � D p° D z i o r7- I. W. 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Q CD — CD Q n Q CD CD cn Q Q cD C CD Q CD I NO • Q O Q O r 0 a • r Q h O N 3 I N O *-o 0 C) CD I (Jo CD O O CD Q_ TI CD 70 CD V) C CD I 00 \ 0 O CD Q_ CD • n N e)C N Q N m n N N m CD —4- ' O N n (D n �• ° N n - CD �- .� • Q rn O n CD � CD --s (D (D y N. Q o' cr o C �. Q _ Q N• N i V n' ME" O �� Q 70D Q :�' N O O r O' Z3 QT p - ` ^0 Q Q rt /o9-6� 70 (./) --a 0 �rnOD pznD �D 0 El T 0 70 T 0 m 0 Z p D n � rn DO m � Z �D 0 El T 0 70 T 0 MEMORANDUM TO: Board of County Commissioners THROUGH: Andrew Sobczak, Chief, Environmental Planning and Code Enforcement FROM: William K. DeBraal, Deputy County Attorney DATE: November 5, 2020 SUBJECT: Third Addendum to Agreement between Indian River County and REDEVGROUP, Inc. for Lot 5, Plat of Indian River Mall Lot 5, Plat of Indian River Mall is an undeveloped 4.7 -acre parcel of property on State Road 60, just west of the Wendy's restaurant near the main entrance to the Indian River Mall. An aerial photo of Lot 5 is depicted in Figure 1 below. 11 , � V • �I ,._ate •� � •�� �.T . l,Pr' ',�/ �jc.p� ,.�i. � .«'� �+Y'r ,•� t zit Gr!.ri. + � op ��+,A•.�•00 � . �y� .. Figure 1. Aerial Photo of Lot 5, Plat of Indian River Mall At its meeting on June 12, 2018, the Board of County Commissioners approved an Agreement between Indian River County and REDEVGROUP, Inc. to allow for release of a conservation easement on Indian River Mall Lot 5 in exchange for alternative conservation land and special development restrictions on Lot 5. 108 The Lot 5 conservation easement was originally established in 1994 as a condition of County Resolution 94-93, which serves as the Development Order (D.O.) for the Indian River Mall. The Lot 5 conservation easement contained a clause which allowed release of the easement provided alternative conservation land of equal or greater environmental value was protected to fulfill the intent of the D.O. The Board approved the June 12 exchange Agreement which offered the Board a choice of acquiring one of two alternative conservation properties: • Alternative Property 1: "The Alice Siew Property," approximately 9.17 acres (4 contiguous tax parcels) of riverfront coastal wetlands north of and adjacent to the County -owned Oyster Bar Marsh Conservation Area; or • Alternative Property 2: "The Kinner Property," approximately 10.3 acres of riverfront coastal wetlands south of Quay Dock Road, north of Spoonbill Marsh, adjacent to conservation land owned by the Indian River Land Trust (OLT). [Note: this alternative includes payment of $291,819.00 to the County to be used for public access improvements to county -owned conservation lands.] Three months after the June 12 agreement was approved, REDEVGROUP approached staff with a First Addendum to Amend Agreement that contained a third alternative proposal that the Board considered at its September 11, 2018 meeting. The third alternative was a combination of portions of both the Siew Property and the Kinner Property. This third proposed alternative was described as follows: • REVDEVGROUP conveyance of the ±10.3 acre Kinner Property to the IRLT (Indian River Land Trust) with a conservation easement over +8.8 acres in favor of Indian River County covering all but the east 150 feet of the Kinner Property, together with conveyance of +7.87 acres of the Siew Property to the County (all but the eastern ±1.3 acres of the originally proposed Siew Property). The third alternative exchange option, which combined and protected the majority of both the Siew and Kinner properties (i.e., ±16.67 protected acres combined), provided greater ecological value than the current 4.7 acre Mall Lot 5 easement, and therefore was approved by the Board on September 11, 2018. REDEVGROUP again approached staff in November 2018, and requested a Second Addendum to Agreement. The Second Addendum changed the timing of the recordation of the restrictive covenants proposed by REDEVGROUP due to a possible title challenge. The Second Addendum was approved by the Board on November 13, 2018. Staff has been approached by REDEVGROUP, Inc. for a Third Addendum to the original Agreement. As part of the original Agreement, four deed restrictions were recorded concerning Lot 5: • Pervious area of the Lot must be at least 44%, with no building, paving or construction on the southern most 75' of the Lot. • At least 6 specimen trees preserved. • State Road 60 corridor code requirement would apply. • No single building footprint could exceed 7,200 square feet with all buildings being separated by at least 50 feet. 109 REDEVGROUP seeks to amend the deed restrictions concerning the 7,200 square foot limitation to allow the size of one building to be 7,800 square feet, asserting that one of the potential restaurants interested in building on Lot 5 has a standard template which is just less than 7,800 square feet. In exchange for the size increase for the one building, the remaining buildings could not exceed an average of 7,200 square feet. Staff has no objection to the Third Addendum to Agreement and Second Amendment and Restatement of Declarations of Restrictive Covenants. FUNDING. There is no impact to County funds with this Third Addendum. RECOMMENDATION. Staff recommends the Board of County Commissioners approve the Third Addendum to Agreement between Indian River County and REDEVGROUP, Inc., and authorize the Chairman to execute the Third Addendum on behalf of the Board. Attachments: Third Addendum to Agreement between Indian River County and REDEVGROUP, Inc. Second Amendment and Restatement of Declarations of Restrictive Covenants Copy to: Ryan Sweeney, Planning Director Bruce Barkett, Esq., REDEVGROUP, Inc. 110 THIRD ADDENDUM TO AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND REDEVGROUP, INC. THIS THIRD ADDENDUM is made and entered into this day of , 2020, by and between Indian River County, Florida, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, ("County"), and REDEVGROUP, INC., a Florida Profit Corporation, 1826 US Highway 1, Vero Beach, FL 32960 ("Developer"). WITNESSETH WHEREAS, County and Developer entered into an Agreement dated June 12, 2018, ("Agreement"), which Agreement was amended by that First Addendum thereto dated September 11, 2018("First Addendum"), and further amended by that Second Addendum thereto dated November 13, 2018 ("Second Addendum"), and WHEREAS, County and Developer desire to further amend the Agreement as described herein; NOW, THEREFORE, for in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, County and Developer hereby agree as follows: 1. The foregoing recitals are incorporated as if fully restated herein. 2. Section 4 of the Agreement is hereby amended to read as follows (words underlined are additions; words are deleted): Section 4: Developer shall record a Declaration of Restrictive Covenants which will restrict the development of Lot 5 with the following standards: a. The combined pervious and stormwater areas are not to be less than 44% of the total property area. No building or pavement shall be constructed within the southern most 75' of property (this area shall be used for landscaping, water retention and signage). b. A minimum of six (6) specimen trees shall be preserved. C. No single building footprint shall exceed 7,800 square feet, and onsite buildings shall be separated by a minimum of 50 feet. The average size of all buildings shall be 7,200 square feet or less. d. State Road 60 criteria, parking, setbacks and buffers shall apply per code. 111 3. Except as amended or restated by this Addendum, the Agreement and all of its terms and conditions remains in full force and effect. REDEVGROUP, INC., a Florida Profit Corporation By: Print Name: Its: WITNESS: WITNESS: (Corporate seal is acceptable in place of witnesses) BOARD OF COUNTY COMMISIONERS INDIAN RIVER COUNTY, FLORIDA By: Print Name: Its: BCC Approved: Attest: By: Name: (Approved as to Form and Legal Sufficiency) 112 Prepared by and return to: Bruce D. Barkett, Esquire Collins Brown Barkett, Chartered 756 Beachland Boulevard Vero Beach, FL 32963 Tele: (772)231-4343 SECOND AMENDMENT AND RESTATEMENT OF DECLARATION OF RESTRICTIVE COVENANTS THIS SECOND AMENDMENT AND RESTATEMENT OF DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made effective as of the day of , 2020(the "Effective Date") by IR Mall Associates, LTD, a Florida limited partnership, having an address of 225 W. Washington Street, Indianapolis, IN 46204 ("Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of the property described as follows (the "Property"): Lot 5, Indian River Mall - The Mall Subdivision, according to the plat thereof, as recorded in Plat Book 14, Pages 59 and 59A, Public Records of Indian River County, Florida WHEREAS, Declarant desires to further amend and restate the Declaration; and WHEREAS, Declarant subjected the Property to that Declaration and Restrictive Covenants, recorded at Official Record Book 3196, Page 33; and that Amended and Restated Declaration of Restrictive Covenants recorded at Official Record Book 3204, Page 2365, all in the Public Records of Indian River County, Florida; and NOW, THEREFORE, in consideration of the agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Declarant hereby agrees and declares as follows: 1. The foregoing recitals are incorporated as if fully restated herein. 2. Development Standards: From and after the recording of this Declaration, the Property shall be used for lawful purposes in conformance with all restrictions imposed by all applicable governmental laws, ordinances, codes and regulations; provided, however, the development and use of the Property shall be restricted by the following standards ("Development Standards"): a. The combined pervious and storm water areas shall not be less than 44% of the total property area. No building or pavement shall be constructed within the southern most 75' pf property (this area shall be used for landscaping, water retention and signage). 113 b. A minimum of six (6) specimen trees shall be preserved on site. C. No single building footprint shall exceed 7,800 square feet and onsite buildings shall be separated by a minimum of 50 feet. The average size of all buildings shall be 7,200 square feet or less. d. State Road 60 criteria, parking, setbacks and buffers shall apply per Indian River County Code. 3. Declaration: The Property shall be held, sold and conveyed together with and subject to the terms and conditions of the Declaration. 4. Constructive Notice and Acceptance: Every person or legal entity who or which will hereafter own or acquire any right, title, interest or estate in or to any portion of the Property, whether or not such interest is reflected upon the public records of Indian River County, Florida, will be conclusively deemed to have consented and agreed to each and every term and condition contained herein, whether or not any reference to the Declaration is contained in the document or instrument pursuant to which such person or legal entity will have acquired such right, title, interest or estate in the Property or any portion thereof. 5. Effect of Invalidation: If any particular provision of this Declaration is held to be invalid by any court, the validity of such provision will not affect the validity of the remaining provisions hereof. 6. Applicable Law: This Declaration shall be governed by and construed in accordance with the laws of the State of Florida. 7. No Public Dedication: Nothing contained in this Declaration shall be deemed to be a gift or dedication of any property affected hereby, or any portion thereof, to or for the general public or for any public use or purpose whatsoever, it being the intention of the Declarant and its successors and assigns in ownership of the Property that this Declaration shall be strictly limited to and for the purposes herein expressed, solely for the benefit of the Declarant and its successors and assigns in ownership of the Property. Nothing contained in this Declaration, expressed or implied, shall confer upon any person, other than the Declarant and its successors and assigns in ownership of the Property any rights or remedies under or by reason of this Declaration. 8. Covenants Running with the Land: The agreements made herein, shall constitute covenants running with the land. 9. Modification to Development Standards: Section 2 of this Instrument may only be modified, amended or released as to all or any portion of the Property by a written instrument executed by the then owner of the fee simple title to the Property, provided that the modification, amendment or release has also been approved by the Board of County Commissioners for Indian River County, Florida. 114 10. Binding Effect: This Agreement shall be binding upon the Declarant and its successors and assigns in ownership of the Property. IN WITHNESS WHEREOF, the Declarants have caused this instrument to be executed as of the day and year first above written. Signed, sealed and delivered in the presence of WITNESSES: Signature Printed Name Signature Printed Name STATE OF COUNTY OF . SS. IR Mall Associates, LTD. a Florida limited Partnership IR Investors, LLC, General Partner Lo Joseph Cataldo, Manager The foregoing instrument was acknowledged before me by means of physical presence or by online notarization this _ day of , 2020 by Joseph Cataldo as Manager of IR Investors, LLC, General Partner of IR Mall Associates, LTD, a Florida Limited Partnership, on its behalf, who is personally known to me or has produced as identification. Notary Public Name: Commission No.: My Commission Expires: 115 /�kj November 10, 2020 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 4, 2020 SUBJECT: Discussion on Locating an Inter -County Emergency Services Facility in the Vicinity of Yeehaw Junction FROM: Tim Zorc Commissioner, District 3 Discussion Item: Due to the rural characteristics of the state along the Florida Turnpike as it moves through Indian River, Okeechobee, Osceola, and St. Lucie counties, there is a possibility that accident victims could experience far -longer -than -normal wait times in the event they suffered life-threatening injuries. I'd like to discuss the possibility of holding discussions on an "inter -county" emergency services facility in the vicinity of Yeehaw Junction, one that would be jointly -funded and reduce response times where no current response teams are stationed. As these discussions would take a number of years to bring to fulfillment, I would like to have Chief Stone continue the dialogue that was brought up ata recent, regional emergency services chief's meeting. 116 Nie November 10, 2020 ITEM 14.C.2 .INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 4, 2020 SUBJECT: Closing Comments FROM: Tim Zorc Commissioner, District 3 Discussion Item: I'd like to address the Board and the public as I close out my tenure. 117 O acrr � fu O m X 'O nM m V). INA r1i Ln W N VI 0 tD tD N Oji W V A A CA (A V m W 0 A A O Ln M _ c Tl m 01 tW0 Ol f1 E ro T a >7 V 0 3 < m p 00OIQ 7 fu C NT 7 m y ton Ep O IN - o 3 3 3, 3 CU 3 CO 00 1+ F+ m 3 m c c F+ c c n v C) v n v n v r) r- �� 'O O 0 O 'O 0 .. x Q r, x 0, a .. x o x a V, 0I to A V In' A' 01 O Cn O W I,j ) 00 W tD O A W 00 O A N Ol N Ln V O Ln CD o90 000 w A pl W N C W UJ W A A Vii l�0 0o B. 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