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HomeMy WebLinkAbout09/22/2020 (2)/'VEg c\ a A BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 22, 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.B. INVOCATION Rev. Dr. Crystal Bujol, Artistic Director for the Gifford Youth Orchestra 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating September, 2020, as Keep Indian River Beautiful International Coastal Cleanup Month Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION September 22, 2020 Page 1 of 8 7.A. Proclamation Honoring Foster "Kery" Jones on His Retirement From Indian River County Board of County Commissioners Department of Community Development,, Building Division with Twenty -One Years of Service Attachments: Proclamation 8. CONSENT AGENDA 8.A. Checks and Electronic Payments September 4, 2020 to September 10, 2020 Attachments: Finance Department Staff Report 8.B. County Capital Asset Inventories Attachments: Finance Department Staff Report 8.C. Award of Bid No: 2020056, Indian River County Courthouse Parking Garage Rehabilitation (IRC -1801A) Attachments: Staff Report Sample Agreement 8.D. Renewal and Amendment No. 1 for Continuing Professional Surveying and Mapping Services Firms, RFQ# 2016029, IRC -1605 Attachments: Staff Report Carter Associates, Inc. Kimley-Horn & Assoc., Inc. Morgan Eklund, Inc. Southeastern Surveying & Mapping Corp. CivilSury Design Group, Inc. 8.E. Right -of -Way Purchase - 58th Avenue/37th Street Intersection 3755 58th Avenue, Vero Beach, FL 32966 Owners: Robert L. Matthews Attachments: Staff Report Purchase Agreement 8.F. First Amendment to Indian River County and Department of Education/ Division of Blind Services Vending Machine Agreement Attachments: Staff Report First Amendment to Agreement 8.G. Indian River County Library State Aid to Libraries Grant Attachments: Staff Report State Aid To Libraries Grant Agreement Certification of Hours Library System Annual Plan of Service Grant Form for State Aid 2020 signed September 22, 2020 Page 2 of 8 8.11. Amendment No. Ito Work Order No. 3 with Kimley-Horn and Associates for Floridan Well Deepening and Performance Improvement at South County RO Plant Attachments: Staff Report Amendment No 1 to Work Order No 3 8.I. Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River County Department of Emergency Services Attachments: Staff Report COPCN Application IRCFR 2020 8.J. Miscellaneous Budget Amendment 010 Attachments: Staff Report 2019 2020 Resolution Exhibit "A" 8.K. Revision to Administrative Policy Manual - Approval of New Policy AM -903.2 Cellular Device and Stipend Policy Attachments: Staff Report AM -903.2 Cellular Device and Stipend Policy Exhibit A Cell Device Stipend Authorization Form Exhibit B County Issued Cellular Device Form 8.L. Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program Attachments: Staff Report Resolution Exhibit A to Resolution 9 8.M. Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Attachments: Staff Report Resolution 8.N. Ratification of an Amendment to Agreement for Access and Sand Renourishment for Sector 7 Project with Lizabeth Becton -Read, as Trustee of the Lizabeth Becton Revocable Trust Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Sheriff Deryl Loar: Request to Spend $33,890 of Expenditures from the Criminal and Sex Offender Registrant Fee Account Attachments: Memorandum from Sheriff Loar September 22, 2020 Page 3 of 8 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Changes to Chapter 102 of the Indian River County Code of Ordinances - LEGISLATIVE Attachments: Staff Report Draft Ordinance 10.A.2. Providence Pointe Vero Beach LLC's Request to Extend the Zoning Reverter Deadline for Providence Pointe PDTND [PD -13-04-01 & AA -20-05-64 / 2004110179-86579] (Legislative) Attachments: Staff Report Location Map BCC Approval Letter Ordinance 2013-011 Proposed PD Reverter Extension Ordinance 10.A.3. Approval of Public Housing Agency 5 -Year and Annual Plan, Administrative Plan, Certifications and Accompanying Resolution Attachments: Staff Report 5 Year PHA Plan Streamlined Annual PHA Plan Resolution B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to speak from Lt Col Bill Woody, Civil Air Patrol --Civil Air Patrol in Indian River County Presentation Attachments: Request for Discussion C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for October 6, 2020 to Consider an Ordinance to Amend County Code Chapter 308, Indian River County Housing Assistance Program [Legislative] Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS September 22, 2020 Page 4 of 8 11.A. CARES Act Update Attachments: Staff Report CARES Act Funding Sebastian Revised Scope of Work Sebastian First Amendment IRC CARES Small Biz Grant Application Round 2 Additional NAICS Codes Round 2 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Jacob Allenbaugh's Appeal of a Decision by the Planning and Zoning Commission that Construction of a Residence on Property at 6390 77th Street with a Legal Nonconforming 500' Tall Communications Tower is not allowed under County Regulations Attachments: Staff Report Location Map Excerpt from July 23, 2020 PZC Minutes County Code Sections 904.05 and 971.44(1) Appeal Request with Attachments County Code Section 902.07 (Appeal Procedures) March 12, 2020 Staff Letter with Attachments County Comprehensive Plan Future Land Use Objective 10 B. Emergency Services 12.B.1. Request for Sole Source to Communications International for E911 Multiprotocol Label Switching (MPLS) Project Attachments: Staff Report 911 MPLS Project Quote C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works September 22, 2020 Page 5 of 8 12.F.1. Sector 3 (IRC -1925) and Sector 7 (IRC -1926) Beach and Dune Restoration Project Easement Status and Project Recommendations Attachments: Staff Report APTIM Bid Recommendation Letter 9-15-20 Coastal Tech Recommendation Letter 9-15-20 G. Utilities Services 12.G.1. 4730 40th Avenue, Gifford Gardens Property Utility Account Attachments: Staff Report 13. COUNTY ATTORNEY MATTERS 13.A. Code Enforcement Board - Alternate Member Attachments: Staff Report Application for CEB - Roy Clark Application for CEB - Kelly Darmetko Application for CEB - Terrance Schlitt Application for CEB - Dana DiFranceso 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman 14.A.1. Countywide Development, Visioning and Service Delivery Attachments: Commissioners Memo B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc 14.C.1. Discussion on Compensation Procedures for Business Owners when County Contractors Disrupt Commercial Activities Attachments: Commissioner's Memorandum D. Commissioner Peter D. O'Bryan 14.13.1. Summary of the Florida Association of Counties proposed legislative policies for the Water and Environmental Sustainability and Community and Urban Affairs Committees Attachments: Commissioner's Memorandum FAC CUA Policy summary FAC WES policy summary FAC -Community & Urban Affairs -report (v2) FAC -Water & Environmental Sustainability -report E. Commissioner Bob Solari September 22, 2020 Page 6 of 8 14.E.1. BMAP Allocations for Indian River County Attachments: Commissioner's Memorandum Commissioners Open Dialogue 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Year Two Public Emergency Medical Transportation (PEMT) Letter of Agreement between Indian River County Emergency Services District and Agency for Health ,Care Administration (ARCA). Attachments: Staff Report Letter of Agreement Copy of IGT questionnaire B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on .the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. September 22, 2020 Page 7 of 8 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 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. September 22, 2020 Page 8 of 8 .Q PROCLAMATION DESIGNATING SEPTEMBER, 2020, AS KEEP INDIAN RIVER BEAUTIFUL INTERNATIONAL COASTAL CLEANUP MONTH WHEREAS, it is clearly important that we protect our Indian River Lagoon and coastal shoreline from litter pollution and marine debris; and WHEREAS, litter has an 85% chance of moving into our waterways and Lagoon when deposited alongside roadways; and WHEREAS, this is the 25th annual International Coastal Cleanup, as sponsored by Keep Indian River Beautiful; and WHEREAS, volunteers become "Scientists for a Day" to catalog every piece of litter; and WHEREAS, Keep Indian River Beautiful and The Ocean Conservancy compile significant amounts of data for educational purposes every year; and WHEREAS, this event unites people to act locally and make a difference globally, with over 1.5 million volunteering in over 100 countries; and WHEREAS, Indian River County residents can stand strong together to improve our community and our environment. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that September, 2020, is designated as "Keep Indian River Beautiful International Coastal Cleanup Month" in Indian River County, during which our residents are urged to volunteer to help clean up our Lagoon and coastal areas. Adopted this 22nd day of September, 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 1 PROCLAMATION HONORING KERY JONES ON HIS RETIREMENT FROM INDIANRIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF COMMUNITY DE VEL OPMENTIB UILDING DIVISION WHEREAS, Foster "Kery" Jones retires from the Indian River County, Department of Community Development, Building Division effective September 30, 2020, and WHEREAS, Kery Jones began his career with Indian River County on November. 8, 1999, as a Building Inspector II. In January 2005, Kery transitioned to Plans Examiner H and continued in that capacity until his retirement, and WHEREAS, Kery Jones has served this County and the Public with distinction and selflessness, equipped with a ready smile or laugh. During his twenty-one years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Kery. Jones' efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River Countyfor the last twenty-one 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 22nd day of September, 2020. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Susan Adams, Chairman 7A 7 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street .Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: ISeptember 10, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 4, 2020 to September 10, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of September 4, 2020 to September 10, 2020. 3 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 399083 09/04/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 233.40 399084 09/04/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 399085 09/04/2020 NORTH CAROLINA CHILD SUPPORT 105.69 399086 09/04/2020 AMERITAS 30,543.60 399087 09/04/2020 TOTAL ADMINISTRATIVE SERVICES CORP 775.32 399088 09/04/2020 TOTAL ADMINISTRATIVE SERVICES CORP 2,152.50 399089 09/04/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 399090 09/04/2020 TX CHILD SUPPORT SDU 163.85 399091 09/10/2020 PORT CONSOLIDATED INC 596.48 399092 09/10/2020 STURGIS LUMBER & PLYWOOD CO 5,130.88 399093 09/10/2020 COMMUNICATIONS INTERNATIONAL 1,174.95 399094 09/10/2020 VERO CHEMICAL DISTRIBUTORS INC 444.20 399095 09/10/2020 SAFETY PRODUCTS INC 1,396.15 399096 09/10/2020 AT&T WIRELESS 720.17 399097 09/10/2020 E -Z BREW COFFEE & BOTTLE WATER SVC 71.39 399098 09/10/2020 GRAINGER 875.37 399099 09/10/2020 BOUND TREE MEDICAL LLC 825.32 399100 09/10/2020 PETES CONCRETE 4,250.00 399101 09/10/2020 DIVE RESCUE INC 1,261.26 399102 09/10/2020 DELL MARKETING LP 6,383.00 399103 09/10/2020 BLAKESLEE SERVICES INC 777.30 399104 09/10/2020 BAKER & TAYLOR INC 10,685.26 399105 09/10/2020 MIDWEST TAPE LLC 1,883.37 399106 09/10/2020 ENCORE BROADCAST EQUIPMENT SALES INC 16,196.07 399107 09/10/2020 PALM TRUCK CENTERS INC 5,067.66 399108 09/10/2020 SOFTWARE HARDWARE INTEGRATION 22,132.02 399109 09/10/2020 PING INC 105.49 399110 09/10/2020 CLERK OF CIRCUIT COURT 277.50 399111 09/10/2020 INDIAN RIVER ALL FAB INC 509.80 399112 09/10/2020 AT&T CORP 162.30 399113 09/10/2020 FLORIDA GOVERNMENT FINANCE 50.00 399114 09/10/2020 JANITORIAL DEPOT OF AMERICA INC 1,517.38 399115 09/10/2020 PUBLIX SUPERMARKETS 21.48 399116 09/10/2020 UNIVERSITY OF FLORIDA 7,680.00 399117 09/10/2020 ACUSHNET COMPANY 1,742.92 399118 09/10/2020 ST JOHNS RIVER WATER MGMT DISTRICT 14,952.38 399119 09/10/2020 CENTRAL A/C & REFRIGERATION SUPPLY INC 301.18 399120 09/10/2020 INFORMATION TODAY INC 689.53 399121 09/10/2020 CITY OF SEBASTIAN 2,500.00 399122 09/10/2020 FLORIDA POWER AND LIGHT 46,178.29 399123 09/10/2020 FLORIDA POWER AND LIGHT 9,841.32 399124 09/10/2020 PEACE RIVER ELECTRIC COOP INC 285.70 399125 09/10/2020 KENNETH CAMPBELL SENIOR 200.00 399126 09/10/2020 SUNSHINE STATE ONE CALL OF FL INC 1,097.00 399127 09/10/2020 STRUNK FUNERAL HOMES & CREMATORY 425.00 399128 09/10/2020 GOULD COOKSEY FENNEL PA 150.00 399129 09/10/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 100.00 399130 09/10/2020 GIFFORD COMMUNITY CENTER 1,252.07 399131 09/10/2020 ESRI INC 650.96 399132 09/10/2020 ARNOLD AIR CONDITONING INC 1,770.00 399133 09/10/2020 A M BEST COMPANY INC 199.75 399134 09/10/2020 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 28.00 399135 09/10/2020 INDIAN RIVER COUNTY BAR ASSOCIATION INC 125.00 399136 09/10/2020 INDIAN RIVER COUNTY BAR ASSOCIATION INC 250.00 399137 09/10/2020 DONADIO AND ASSOCIATES ARCHITECTS PA 525.00 399138 09/10/2020 SHRIEVE CHEMICAL CO 4,135.76 399139 09/10/2020 GATOR'S SOD INC 595.00 399140 09/10/2020 ST LUCIE COUNTY BOCC 6,192.60 4 TRANS NBR DATE VENDOR AMOUNT 399141 09/10/2020 ARCADIS U S INC 4,405.25 399142 09/10/2020 PUKKA INC 538.20 399143 09/10/2020 TRANE US INC 14,286.00 399144 09/10/2020 HULETT ENVIRONMENTAL SERVICES 160.00 399145 09/10/2020 CELICO PARTNERSHIP 3,504.79 399146 09/10/2020 VAN WAL INC 180.00 399147 09/10/2020 ELECTRONIC ACCESS SPECIALIST 538.88 399148 09/10/2020 FIRE PREVENTION BUREAU 100.00 399149 09/10/2020 FASTENAL COMPANY 103.60 399150 09/10/2020 OTC DIRECT INC 113.98 399151 09/10/2020 SOUTHERN JANITOR SUPPLY INC 82.56 399152 09/10/2020 OCLC ONLINE COMPUTER LIBRARY CENTER 470.40 399153 09/10/2020 MBV ENGINEERING INC 800.00 399154 09/10/2020 GERELCOM INC 13,975.00 399155 09/10/2020 CAROLE J MADIGAN 3,241.00 399156 09/10/2020 1 ST FIRE & SECURITY INC 368.32 399157 09/10/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 6,687.72 399158 09/10/2020 PAK MAIL 198.60 399159 09/10/2020 JOHNNY B SMITH 150.00 399160 09/10/2020 CHARLES A WALKER 100.00 399161 09/10/2020 INDIAN RIVER SOCCER ASSOCIATION 1,000.00 399162 09/10/2020 ANTHONY STEWART 400.00 399163 09/10/2020 KWACKS INC 19,887.08 399164 09/10/2020 NICOLACE MARKETING INC 853.00 399165 09/10/2020 NANCY H MOSSALI 199.00 399166 09/10/2020 ATLANTIC COASTAL LAND TITLE CO LLC 54.96 399167 09/10/2020 FLORIDA ARMATURE WORKS INC 756.90 399168 09/10/2020 AMETEK DREXELBROOK 1,754.78 399169 09/10/2020 KEITH GROCHOLL 100.00 399170 09/10/2020 PROPAC INC 13,029.28 399171 09/10/2020 WILD TURKEY ESTATES OF VERO LLC 1,117.04 399172 09/10/2020 REPROGRAPHIC SOLUTIONS INC 26.10 399173 09/10/2020 CARDINAL HEALTH 110 INC 144.56 399174 09/10/2020 MUNICIPAL EMERGENCY SERVICES INC 305.81 399175 09/10/2020 KYLE ANDERSON 1,450.00 399176 09/10/2020 ALEX MIKLO 125.00 399177 09/10/2020 TOMCO2 EQUIPMENT COMPANY 2,821.46 399178 09/10/2020 BURNETT LIME CO INC 3,187.80 399179 09/10/2020 ATLANTIC ROOFING I1 OF VERO BEACH INC 29,480.80 399180 09/10/2020 SOUTHERN MANAGEMENT LLC 16,254.93 399181 09/10/2020 THE LAW OFFICES OF 731.00 399182 09/10/2020. COBRA GOLF INCORPORATED 2,338.17 399183 09/10/2020 SYLIVIA MILLER 1,109.00 399184 09/10/2020 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2,060.00 399185 09/10/2020 CATHEDRAL CORPORATION 683.75 399186 09/10/2020 UNIFIRST CORPORATION 415.33 399187 09/10/2020 JDS GRAPHICS DESIGN INC 170.75 399188 09/10/2020 CDA SOLUTIONS INC 1,607.98 399189 09/10/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 225.51 399190 09/10/2020 EDWARD ILLIDGE 50.00 399191 09/10/2020 MATHESON TRI-GAS INC 2,855.44 399192 09/10/2020 ROBERT O RICHARDSON III 50.00 399193 09/10/2020 COLE AUTO SUPPLY INC 19.26 399194 09/10/2020 RHOADES AIR & HEAT 5,000.00 399195 09/10/2020 CANON FINANCIAL SERVICES INC 459.11 399196 09/10/2020 KONICA MINOLTA BUSINESS SOLUTIONS 48.95 399197 09/10/2020 CALVIN GIORDANO & ASSOCIATES INC 15,321.25 399198 09/10/2020 CORE & MAIN LP 9,750.00 399199 09/10/2020 WOERNERAGRIBUSINESS LLC 439.50 399200 09/10/2020 FLOMOTIONS SYSTEMS INC 640.00 5 TRANS NBR DATE VENDOR AMOUNT 399201 09/10/2020 DJD EQUIPMENT HOLDINGS LLC 122,271.25 399202 09/10/2020 NVR INC 320.00 399203 09/10/2020 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTION135W.06 399204 09/10/2020 AMAZON CAPITAL SERVICES INC 9,240.42 399205 09/10/2020 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,480.00 399206 09/10/2020 AMERIGAS PROPANE LP 3,355.12 399207 09/10/2020 BENEFIT EXPRESS SERVICES LLC 5,638.35 399208 09/10/2020 DEANGELO BROTHERS LLC 1,603.00 399209 09/10/2020 PC SOLUTIONS & INTEGRATION INC 1,898.36 399210 09/10/2020 MULLINAX FORD OF VERO BEACH 108.17 399211 09/10/2020 DESK SPINCO INC 603.63 399212 09/10/2020 FERGUSON US HOLDINGS INC 8,111.75 399213 09/10/2020 STAPLES INC 272.49 399214 09/10/2020 LOWES COMPANIES INC 2,547.98 399215 09/10/2020 PEOPLEREADY INC 6,383.00 399216 09/10/2020 SMI TRADING LLC 425.21 399217 09/10/2020 TAGMARSHAL INTERNATIONAL LIMITED 1,021.20 399218 09/10/2020 - CHRIS ZAVESKY 125.00 399219 09/10/2020 ROBERT A HUDSON 50.00 399220 09/10/2020 THEODORE SEMI 125.00 399221 09/10/2020 US21INC 656.00 399222 09/10/2020 J-MAC CLEANING SERVICES INC 6,444.44 399223 09/10/2020 SAFE SPACE SCAN TECHNOLOGY 2,044.46 399224 09/10/2020 RANDALL J STANTON 125.00 399225 09/10/2020 GRANTANALYST.COM LLC 3,000.00 399226 09/10/2020 SIGNS LAB 4,950.78 399227 09/10/2020 TRAVEL EXPRESSIONS INC 5,000.00 399228 09/10/2020 TASHIEMA BROWN 5,000.00 399229 09/10/2020 UTIL REFUNDS 51.76 399230 09/10/2020 UTIL REFUNDS 57.24 399231 09/10/2020 UTIL REFUNDS 68.24 399232 09/10/2020 UTIL REFUNDS 37.37 399233 09/10/2020 UTIL REFUNDS 711.14 399234 09/10/2020 UTIL REFUNDS 81.52 399235 09/10/2020 UTIL REFUNDS 30.24 399236 09/10/2020 UTIL REFUNDS 1.43 399237 09/10/2020 UTIL REFUNDS 63.29 399238 09/10/2020 UTIL REFUNDS 87.96 399239 09/10/2020 UTIL REFUNDS 45.81 399240 09/10/2020 UTIL REFUNDS 45.18 399241 09/10/2020 UTIL REFUNDS 27.79 399242 09/10/2020 UTIL REFUNDS 15.17 399243 09/10/2020 UTIL REFUNDS 26.41 399244 09/10/2020 UTIL REFUNDS 18.98 399245 09/10/2020 UTIL REFUNDS 89.64 399246 09/10/2020 UTIL REFUNDS 46.21 399247 09/10/2020 UTIL REFUNDS 144.20 399248 09/10/2020 UTIL REFUNDS 85.28 399249 09/10/2020 UTIL REFUNDS 126.98 399250 09/10/2020 UTIL REFUNDS 239.77 399251 09/10/2020 UTIL REFUNDS 90.32 399252 09/10/2020 UTIL REFUNDS 3.29 399253 09/10/2020 UTIL REFUNDS 21.66 399254 09/10/2020 UTIL REFUNDS 197.62 399255 09/10/2020 UTIL REFUNDS 82.44 399256 09/10/2020 UTIL REFUNDS 59.89 399257 09/10/2020 UTIL REFUNDS 25.35 399258 09/10/2020 UTIL REFUNDS 23.88 399259 09/10/2020 UTIL REFUNDS 43.34 399260 09/10/2020 UTIL REFUNDS 27.47 6 TRANS NBR DATE VENDOR AMOUNT 399261 09/10/2020 UTIL REFUNDS 33.08 399262 09/10/2020 UTM REFUNDS 20.90 399263 09/10/2020 UTIL REFUNDS 36.07 399264 09/10/2020 UTIL REFUNDS 45.75 399265 09/10/2020 UTIL REFUNDS 41.65 399266 09/10/2020 UTIL REFUNDS 38.86 399267 09/10/2020 UTIL REFUNDS 85.71 399268 09/10/2020 UTIL REFUNDS 39.72 399269 09/10/2020 UTI, REFUNDS 95.35 399270 09/10/2020 UTH, REFUNDS 82.80 399271 09/10/2020 UTIL REFUNDS 12.42 399272 09/10/2020 UTIL REFUNDS 80.11 399273 09/10/2020 UTIL REFUNDS 8.36 399274 09/10/2020 UTIL REFUNDS 39.18 399275 09/10/2020 UTIL REFUNDS 27.71 399276 09/10/2020 UTEL REFUNDS 30.02 399277 09/10/2020 UTIL REFUNDS 4.19 399278 09/10/2020 UTEL REFUNDS 83.65 399279 09/10/2020 UTIL REFUNDS 23.53 399280 09/10/2020 UTIL REFUNDS 334.73 399281 09/10/2020 UTIL REFUNDS 45.68 399282 09/10/2020 UTIL REFUNDS 43.64 399283 09/10/2020 UTIL REFUNDS 78.25 399284 09/10/2020 UTIL REFUNDS 54.46 399285 09/10/2020 UTIL REFUNDS 81.53 399286 09/10/2020 UTI, REFUNDS 95.76 399287 09/10/2020 UTIL REFUNDS 52.51 399288 09/10/2020 UTIL REFUNDS 26.51 399289 09/10/2020 UTIL REFUNDS 176.79 399290 09/10/2020 UTIL REFUNDS 25.07 399291 09/10/2020 UTIL REFUNDS 59.64 399292 09/10/2020 UTIL REFUNDS 52.62 399293 09/10/2020 UTIL REFUNDS 83.03 399294 09/10/2020 UTIL REFUNDS 20.81 399295 09/10/2020 UTIL REFUNDS 82.54 399296 09/10/2020 UTIL REFUNDS 252.48 399297 09/10/2020 UTIL REFUNDS 89.78 399298 09/10/2020 UTII, REFUNDS 16.42 399299 09/10/2020 UTIL REFUNDS 185.68 399300 09/10/2020 UTIL REFUNDS 27.00 399301 09/10/2020 UTIL REFUNDS 35.61 399302 09/10/2020 UTIL REFUNDS 38.37 399303 09/10/2020 UTIL REFUNDS 40.79 399304 09/10/2020 UTIL REFUNDS 50.00 399305 09/10/2020 UT1L REFUNDS 38.95 399306 09/10/2020 UTIL REFUNDS 47.21 399307 09/10/2020 UTIL REFUNDS 33.51 399308 09/10/2020 UTIL REFUNDS 39.47 399309 09/10/2020 UTIL REFUNDS 39.29 399310 09/10/2020 UTIL REFUNDS 56.94 Grand Total: 622,177.39 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900748 09/10/2020 CELICO PARTNERSHIP 1.68 900749 09/10/2020 STAPLES INC 4,357.90 Grand Total: 4,359.58 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017092 09/09/2020 AT&T CORP 5,806.44 1017093 09/09/2020 OFFICE DEPOT INC 1,727.02 1017094 09/09/2020 COMCAST 216.90 1017095 09/10/2020 NORTH SOUTH SUPPLY INC 109.02 1017096 09/10/2020 INDIAN RIVER BATTERY 687.25 1017097 09/10/2020 APPLE INDUSTRIAL SUPPLY CO 779.97 1017098 09/10/2020 ALLIED UNIVERSAL CORP 19,970.51 1017099 09/10/2020 IRRIGATION CONSULTANTS UNLIMITED INC 73.94 1017100 09/10/2020 GROVE WELDERS INC 226.05 1017101 09/10/2020 SOUTHERN COMPUTER WAREHOUSE INC 8,260.16 1017102 09/10/2020 HD SUPPLY FACILITIES MAINTENANCE LTD 1,464.73 1017103 09/10/2020 PRIDE ENTERPRISES 17,978.97 1017104 09/10/2020 COMPLETE ELECTRIC INC 15,200.00 1017105 09/10/2020 BARKER ELECTRIC, AIR CONDITIONING 8,990.00 1017106 09/10/2020 HARCROS CHEMICALS, INC. 2,357.34 1017107 09/10/2020 SPINNAKER VERO INC 35.00 1017108 09/10/2020 SIMS CRANE & EQUIPMENT CO 1,241.20 1017109 09/10/2020 RADWELL INTERNATIONAL INC 238.84 1017110 09/10/2020 COUNTY MATERIALS CORPORATION 8,545.60 1017111 09/10/2020 EFE INC 1,379.44 1017112 09/10/2020 PACE ANALYTICAL SERVICES LLC 108.00 1017113 09/10/2020 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 391.07 Grand Total: 95,787.45 9 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7917 09/04/2020 KIMLEY HORN & ASSOC INC 1,175.00 7918 09/04/2020 IRC FIRE FIGHTERS ASSOC 9,347.96 7919 09/04/2020 FL SDU 4,754.84 7920 09/04/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 38,882.50 7921 09/04/2020 IRC CHAMBER OF COMMERCE 13,575.52 7922 09/04/2020 CITY OF SEBASTIAN 23,117.28 7923 09/04/2020 FL RETIREMENT SYSTEM 753,278.12 7924 09/04/2020 MUTUAL OF OMAHA 18,762.55 7925 09/04/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 7,598.58 7926 09/04/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 76,387.76 7927 09/04/2020 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,199.18 7928 09/04/2020 TOTAL ADMINISTRATIVE SERVICES CORP 12,488.25 7929 09/04/2020 NATIONAL METERING SERVICES INC 45,625.05 7930 09/08/2020 CLERK OF CIRCUIT COURT 85,575.91 7931 09/08/2020 IRS -PAYROLL TAXES 458,609.34 7932 09/09/2020 SENIOR RESOURCE ASSOCIATION 368,835.02 7933 09/09/2020 HIGHMARK STOP LOSS 67,806.20 7934 09/10/2020 KI LEY HORN & ASSOC INC 16,811.25 7935 09/10/2020 CDM SMITH INC 51,754.55 Grand Total: 2,058,584.86 10 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller 1801 271h Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller DATE: September 15, 2020 SUBJECT: County Capital Asset Inventories & COMPTP A% SFR couN�y Annual physical inventories of capital assets are conducted for all BCC departments as well as the Clerk of Circuit' Court & Comptroller, Property Appraiser, Supervisor of Elections, and Tax Collector. Per Florida Statute 274.02, the Finance Department staff has completed a detailed physical inventory of nearly 5,900 pieces of equipment. Assets to be removed from the County inventory must be presented to the Board for approval per Florida Statute 274.07. Attached is the list of non -surplus items that must be removed based on the completed physical inventories. 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R M ,--- to O C� C\ r- C� O C� C� \o \o 7 N v) v) v) l" V "T- -- 00 C\ �O M M M t- 110 kn l- C\ t- r- tl- Mkr) kr) kf) kn tf) n n 00 00 00 Q Z N N N N' N - N N N — — ,--i N N N N N N N N N N N N N N bq •c O G G G N U. 0 0 0 0 0 0 O p p p 7 p 7 W � � � � Q �] • 0 0 0 0 vUi rUn vUi vUi vUu i � vUi vUi vUi vUui vi vUi vUi vUi M y R! 0040040i 04 Pi 04 Ry Qi P4 P4 Pi Pi Pi Por Pi U a� a� a� a�Ri . U U a� a> a� a> a� a� a� N a� a> a� H H H H H w x x as w iw iw iw w iw w iw w w w w w iw iw iw iw 00 C� O N M tr) 1�0 r- 00 CN C) N M IT kn \�0 l- 00 C\ M M It IT 7 "Zr "Zr "Zr 'IT "Zr 'IT W) W) N W) In W) W) W) kn kn 1�0 �.0 1,0 1,0 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E., Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E. PMP, Assistant Public Works Director FROM: Michael L. Heller, Project Specialist SUBJECT: Award of Bid No: 2020056 Indian River County Courthouse Parking Garage Rehabilitation IRC -1801A DATE: September 9, 2020 DESCRIPTION AND CONDITIONS On August 13, 2019, .Indian River County requested that REI Engineers, Inc. review and assess repairs necessary, prepare construction drawings consisting of roof plans and details which depict the Scope of Work, assist in the bidding phase, and provide construction administration services fortwo separate phases of the IRC Courthouse Parking Garage. Phase One included three small roofs located above elevator shaft and stairwells and was completed in August 2020. Phase Two includes replacement of the garage's internal storm drainage system, repair of walls where rebar is exposed, repair of water -damaged elevator shaft/elevator, repair or replacement of stairs in stairwells, and replacement of building seals and cleaning/repainting of building at 2000 16th Avenue, Vero Beach, FL 32960. Following REI Engineers Inc. completion of design for the rehabilitation Phase Two, the project was advertised and a bid opening was held on September 3, 2020. Seven (7) qualified bids were received for the project. A detailed tabulation of the bids is on file and available for viewing in the County Engineering Division. The seven (7) responsive bidders and their respective bids are as follows: COMPANY BID One Source Restoration & Building Services, Inc. Tampa, FL $368,554.00 Tadeos Engineering, LLC. Miami Lakes, FL $378,282.50 Restocon Corporation Tampa, FL $402,001.58* Concrete Protection & Restoration, Inc. Oakland Park, FL $422,896.25 Western Specialty Contractors Winter Park, FL $480,065.00 Merit Construction Services, Inc. Farmington, MN $576,339.00 Walker Contracting Group, Inc. Naples, FL $879,286.00 *Denotes errors on bid form 14 One Source Restoration & Building Services, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $368,554.00. This bid is $21,946.00 below the engineer's cost estimate of $390,500.00. Upon checking references, County Staff, in coordination with REI Engineers, Inc., has determined that One Source Restoration & Building Services, Inc. has successfully completed similar construction projects. FUNDING Funding in the amount of $368,554.00 is budgeted in Optional Sales Tax/Facilities Management/Courthouse Parking Garage - Account# 31522019-066510-19025. RECOMMENDATION Staff recommends that the project be awarded to One Source Restoration & Building Services, Inc. in the amount of $368,554.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance, and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement APPROVED AGENDA ITEM FOR SEPTEMBER 22, 2020 15 Month xx, 2020 via Email Company Attn: Address Address Email address SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title j Page uy. ARTICLE 1 -WORK ......................................................................... ............ .......2 ARTICLE 2 - THE PROJECT ................................... ................................................... 2 ARTICLE 3 - ENGINEER ......................... ..`:.\t................./..,. �......................... 2 ARTICLE 4 - CONTRACT TIMES ........ ................................... 2 ARTICLE 5 - CONTRACT PRICE ..... ........ .......................................................... 3 ARTICLE 6 - PAYMENT PROCEDURES.,......`.:.3 ARTICLE 7 - INDEMNIFICATION ....... \..\ ............................................................... 5 ARTICLE 8 - CONITRACTOR',S -REPRESENTATIONS ...................................................... 5 ARTICLE 9 - CONTRACT-DOCUIVIENTS ............................................................................ 6 ARTICLE 10 - MISCELL 0 AN E U_S� .................................................................................. 7 rTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY1 16 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified /or ` dicated in> the Contract Documents. The Work is generally described as follows: The proposed improvements to the IRC C spalled concrete, rehabilitation of stair deck expansion joints, replace existing coating, and restripe parking spaces' replacement of existing drain bowl clamp of existing metal door frames. All/ work building code requirements. _ \ \ ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under, the part is generally descr"ibetl-as follows:�� Project Name: INDIAN -RIVER C1 Parking Garage includeiepair of replacement of existing parking ant materials, instail new traffic markings. Also includes the ench�drain ler and the removal form to. current local and state iments may be the whole or only a County Project'Number�IRC-1801A Bid Number: , 2020056'\\ Project Address: \ 2065 1.6T" Avenue, Vero Beach, FL 32960 ARTICLE 3_,ENGINEER .\ 3.01 The Indian R eiv r -County Public Works Department is hereinafter called the ENGINEER and `'�,will act.as OWNER's''representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the complet�n ofthe Work in accordance with the Contract Documents. - i ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 60 calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General 17 Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 90 calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work/is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR/shall pay OWNER $1,170.00 for each calendar day that expires after the time specifiedJn paragraph,4.02 for Substantial Completion until the Work is substantially complete:' After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted`/by/ OWNER, CONTRACTOR shall pay OWNER $1,170.00_ for each calendar day that;expires after the time specified in paragraph 4.02 for completion -and readiness for final payment until the Work is completed and ready for final payment.` ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amounCin` curren'tunds equal to the sum of the amounts determined pursuant to_paragraph',5. 1�A�and summarized in paragraph 5.01.13, below: A. For all Work, at the pricesstated.i` ONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subj e�t to additions and deductions provided in the Contract: Numerical,Amount:'$-_' \ \ -Written Amount;,/ _~ 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for.,payment shall, contain the CONTRACTOR'S certification. All progress payments, will be on the basis of progress of the work measured by the schedule of values,.established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes sectiori`218.7A(8)(d), the CONTRACTOR may submit a pay requesttothe County as OWNER for up to one half (1/2) of the retainage held by the County�s OWNER, and the County as OWNER shall promptly make payment to the.. CONTRACTOR unless such amounts are the subject of a good:faith dispute; the'subjectoUa claim pursuant to Florida Statutes section 255.0`5;,or otherwise the subject of/a claim or demand by the County as OWNER\,.or the CONTRACTOR: The CONTRACTOR acknowledges that where`such-retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of`such`retairiage\to those subcontractors and suppliers. Pursuant to Florida Statutes\sectiori�..218.735(8)(c), CONTRACTOR further acknowledges and -agrees that: 1)-the,County as OWNER shall receive immediate written notice `of all decisions',, made -by CONTRACTOR to withhold retainage on any subcontractor at greater ,than five percent (5%) after fifty percent (50%) completion; and 2),,C'\ONTRACTOR will not seek release from the County as OWNER ofthe withheld retainage until the final pay request. 6.04 Paragraphs 6.02\and 6.03 do-not"apply to construction services work purchased by the County as -OWNER which, are;paid for,_.in whole or in part, with federal funds and are subject to federallgrantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt_ Payment Act. In such event, payment and retainage provisions shall be governed by he applicable',grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other. than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 19 ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. 7.02 "To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify and hold harmless the Recipient and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor or consultant and persons employed or utilized by the contractor or consultant in the performance of this Agreement." ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS / 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR akes the following representations: ,. A. CONTRACTOR has examined and carefully studied the Contract Documents/and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and/b co_me\familiar\with and,is\,satisfied as to the general, local, and Site conditions that,may affect cost, progressf,and performance of the Work. C. CONTRACTOR is familiar with,and is satisfied as,to all federal, state, and local Laws and Regulations that may affect cost, progress�and;performance of the Work. D. CONTRACTOR has carefully studied,alh (1,) reports of explorations and tests of subsurface conditions at or contiguous -to the Site' andalhdrawings of physical conditions in or relating to existing surface or subsbrface-structures at-or�contiguous to the Site (except Underground Facilities) which have beehw7identified,,in the `Supplementary Conditions as provided in paragraph 4..02,of the General\Conditions, and (2) reports and drawings of a Hazardous EnvironmentakCOndition, if any, at�the Site which have been identified in the Supplementary Conditions asaprovided in -par graph,4.06 of the General Conditions. E. CONTRACTOR,�,has/obtained-and carefully studied (or assumes responsibility for having done so) 11all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the'Site which may affect cost, progress, or performance of the Work or which relate to any, aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods; techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract 20 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. L. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits — Building Permit Appendix B - Indian River County Building Department Permit Fee Schedule 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1); 17. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive); the 'roject S201, UNTY 21 ARTI 10.01 A 10.02 A 10.02 A M List of Subcontractors (page 00458-1); 19. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 20. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 21. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; K% \A/nrle (`hnrnnc Mrcr,fiwco• tions. vill be pound; at are of this vritten -n any I legal legal in the 10.04 Severabili y --�' A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall 22 be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and"exempt from, public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does'nottransfer the records to the County. (4) Upon completion of the contract, transfer, at na cost, to -the County -all `public records in possession of the Contractor or keep and maintain`public records required by the County to perform the service. If the Contractor transfers all public 'recor'ds to the County upon completion of the contract, the Contractor, shall destroy any duplicate public records that are exempt or confidential and exempi'Jron .public records disclosure requirements. If the contractor keeps and maintains public;re,cords"uponcompletion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the'County, upon 'request from the Custodian of Public Records, in a format thaVis compatible with the information technology systems of the County. B. IF THE CONTRACTOR -,HAS QUESTIONS REGARDING THE APPLICATION -OF CHAPTER -119, FLORIDA STATUTES, TO THE CONTRACTO'R'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, 'CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: "(772) 226-142.4 publicrecords(c_ircgov.com -Indian River County Office of the County Attorney 180127 th Ztreet Vero -Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 23 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on . 2020 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). FOUIT,I" INDIAN RIVER COUNTY By. By. APF SUF By: Jeff Atte (SE Des Nar Title 180 Ven (77; Fac CONTRACTOR: 1 rnone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 24 25 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: David W. Schryver, PSM, County Surveyor i 141) SUBJECT: Renewal and Amendment No. 1 for Continuing Professional Surveying and Mapping Services Firms RFQ# 2016029 IRC -1605 DATE: September 1, 2020 DESCRIPTION AND CONDITIONS On October 4, 2016 the Board of County Commissioners approved the five (5) firms selected for the continuing Surveying and Mapping services Contract with Indian River County. The original contract was for two (2) years with an option for two (2) two-year extensions at the County's discretion. On September 18, 2018, the Board approved the second two-year extension. This renewal and Amendment No. 1 are for the final two (2) year option. Amendment No. 1 increases the allowable purchase order total from $15,000 to up to $35,000 per IRC Purchasing Manual. County staff has negotiated standard fee schedules with each individual firm. The fee schedules reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects and work orders. The selected firms below have submitted fee schedules that have been accepted by reviewing staff: Carter Associates, Inc. Vero Beach, Florida Kimley-Horn & Assoc., Inc. Vero Beach, Florida Morgan & Eklund, Inc. Wabasso, Florida Southeastern Surveying & Mapping Corp. Orlando, Florida CivilSury Design Group, Inc. Vero Beach, Florida FUNDING Funding is available from Secondary Roads — Annual Survey Services Account and various Other Professional Services accounts. The approved budget for Annual Survey Services/Account Number 10921441-033490-05007 for fiscal year 2020/2021 is approximately $100,000.00. Funding for other professional services accounts is included within the relevant capital project budgets. 26 PAGE TWO BCC Agenda item from David W. Schryver, P.S.M. For September 22, 2020 BCC Meeting RECOMMENDATION Staff recommends approval of the renewal and Amendment No. 1 agreements and fee schedules between the County and the five (5) firms and requests the Board to authorize the Chairman to execute the agreements. ATTACHMENTS 1. Carter Associates, Inc. Renewal and Amendment No. 1 and Fee Schedule 2. Kimley-Horn & Assoc., Inc. Renewal and Amendment No. 1 and Fee Schedule 3. Morgan Eklund, Inc. Renewal and Amendment No. 1 and Fee Schedule 4. Southeastern Surveying & Mapping Corp., Renewal and Amendment No. 1 and Fee Schedule 5. CivilSury Design Group, Inc., Renewal and Amendment No. 1 and Fee Schedule APPROVED AGENDA ITEM FOR SEPTEMBER 22, 2020 27 g.Dt kv Qf'ml6j. INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT RENEWAL AND AMENDMENT NO. 1 TO MASTER AGREEMENT FOR PROFESSIONAL SURVEYING & MAPPING ANNUAL SERVICES BETWEEN CARTER ASSOCIATES, INC. AND INDIAN RIVER COUNTY This is a Renewal and Amendment No. 1 to the Master Agreement for Professional Surveying & Mapping Services dated October 4, 2016 and Renewal Agreement dated October 4, 2018 between Carter Associates, Inc. (SURVEYOR) and Indian River County, a political subdivision of the State of Florida, 180127th Street, Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into a Master Agreement for Annual Professional Surveying & Mapping Services (Master Agreement) dated October 4, 2016 and Renewal Agreement dated October 4, 2018; and WHEREAS, Section I of the Master Agreement — PROJECT LIMITS shall be issued Purchase Orders for proposed services less than $15,000.00 by the County and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners; and WHEREAS, Section XVII of the Master Agreement provides for the DURATION OF AGREEMENT and the parties desire to renew the Master Agreement for one additional two-year term; and NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and SURVEYOR agree as follows: 1. The Master Agreement for Annual Professional Surveying & Mapping Services (Master Agreement) dated October 4, 2016 and Renewal Agreement dated October, 4, 2018 is amended as follows: Section I — PROJECT LIMITS shall read as follows: PROJECT LIMITS shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice -to -Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Section XVII — Duration of Agreement The Master Agreement is hereby renewed for an additional two-year period beginning on October 4, 2020 and ending on October 3, 2022. The attached fee schedule (Exhibit "A") shall remain in effect from October 4, 2020 to October 3, 2022. This Renewal and Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. F:\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Admin\agenda items\2020-2022 Renewat\Renewal & Fee\Renewal and Amendment No 1 - Carter.doc IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. IN WITNESS WHEREOF the parties hereto have executed this Renewal and Amendment No. 1 to Agreement as of the date first written above. CONSULTANT: CARTER ASSOCIATES, INC. INDIAN RIVER COUNTY BOARD OF COUNTY .COMMISSIONERS By By Susan Adams, Chairman Printed Name and Title Date Approved by BCC: Date Witness: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By By Deputy Clerk Printed Name Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Admin\agenda items\2020-2022 Renewal\Renewal & Fee\Renewal and Amendment No 1 - Carter.doc CARTER ASSOCIATES, :INC. CONSULTING ENGINEERS AND LAND SURVEYOR! 1708 21st STREET ♦ VERO BEACH, FLORIDA 32960-3472 a 772-5624191 0 772-562-7180 (FAX) JOHN 11. BLUM, P.B., PRINCIPAL DAVID E.LUE•THIE, P.S.K. PRINCIPAL GEORGE A. SIMONS, Pb, PRINCIPAL PATRICK S WALTHER, P.E., PRINCIPAL MARVIN E, CARTER, P.S.M.(Retired) Consultant to the Firm DEAN F. LUETHIE,'P.E.Ima.c,Consultant tothe Firm . FRANK S. CUCCURESE, P.S.M. CLINTON J. RANIES, P.G. ROBERT N. JOHNSON, P.S.M. TYLER N. SPENCER, P.E. GEORGE ALEX SIMONS, P.E. TREVOR G. STUBBS,'P.E. INDIAN RIVER COUNTY PROFESSIONAL SURVEYING AND MAPPING CONTRACT 1605 — OCTOBER 4, 2020 — OCTOBER 3, 2022 FEE SCHEDULE OFFICE: Surveyor (Principal) Surveyor l Surveyor II Surveyor III (SIT) CAD/GIS Tech CAD/GIS Tech If CAD/GIS Tech IIS CAD/GIS Tech IV Administrative Staff FIELD - 4 Man Survey Crew 3 -Man Survey Crew 2 -Man Survey Crew 1 -Man Survey Crew SPECIALIZED EQUIPMENT: Leica HD P40 Scanner Aluminum Boat AlkTerrain Vehicle (ATV)/Trailer ANTICIPATED REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Blueprints/Blackline (24" is 36") Color Prints (24"x36) Mileage Mylar Photocopies: 8.5" x 11" 85'x 14" 11" x 17" Concrete Monuments Rebar Laths $165.00 $140.00 $125.00 $115.00 $115.00 $1-10.00 $1.05.00 $ 95.00 $ 60.00 $175.00 $150.00 $135.00 $110.00 $1.75.00/Hour $500:00/Day $250.00/Day $1,000.00/Week Cost $2.00/Each $5.00%Each IRS Standard Rate -$7.00/Each 15¢/Each 25¢/Each 35¢/Each $20.00/Each 2.50/Each $ 0.75/Each 1.00/Each >ost + 10% J:\RateSchedU1es\2020\Proposed Rates Indian River County Survey 2020-2022.docx -i—I{h,-, A T . Serving. Florida _ .F4 JL Since 1911 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT RENEWAL AND AMENDMENT NO. 1 TO MASTER AGREEMENT FOR PROFESSIONAL SURVEYING & MAPPING ANNUAL SERVICES BETWEEN KIMLEY-HORN AND ASSOCIATES, INC. AND INDIAN RIVER COUNTY This is a Renewal and Amendment No. 1 to the Master Agreement for Professional Surveying & Mapping Services dated October 4, 2016 and Renewal Agreement dated October 4, 2018 between Kimley-Horn and Associates, Inc. (SURVEYOR) and Indian River County, a political subdivision of the State of Florida, 180127th Street, Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into a Master Agreement for Annual Professional Surveying & Mapping Services (Master Agreement) dated October 4, 2.016 and Renewal Agreement dated October 4, 2018; and WHEREAS, Section I of the Master Agreement — PROJECT LIMITS shall be issued Purchase Orders for proposed services less than $15,000.00 by the County and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners; and WHEREAS, Section XVII of the Master Agreement provides for the DURATION OF AGREEMENT and the parties desire to renew the Master Agreement for one additional two-year term; and NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and SURVEYOR agree as follows: 1. The Master Agreement for Annual Professional Surveying & Mapping Services (Master Agreement) dated October 4, 2016 and Renewal Agreement dated October 4, 2018 is amended as follows: Section I — PROJECT LIMITS shall read as follows: PROJECT LIMITS shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice -to -Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Section XVII — Duration of Agreement The Master Agreement is hereby renewed for an additional two year period beginning on October 4, 2020 and ending on October 3, 2022. The attached fee schedule (Exhibit "A") shall remain in effect from October 4, 2020 to October 3, 2022. This Renewal and Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. F:\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services ContractWdmin\agenda items\2020-2022 Renewal\Renewal & Fee\Renewal and Amendment No 1- Kimley-Hom.doc ME IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. IN WITNESS WHEREOF the parties hereto have executed this Renewal and Amendment No. 1 to Agreement as of the date first written above. CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By Printed Name and Title Date Witness: By Printed Name INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By Susan Adams, Chairman Date Approved by BCC:_ Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Admin\agenda items\2020-2022 Renewal\Renewal & Fee\Renewal and Amendment No 1- Kimley-Hom.doc 3� Kimley»>Horn EXHIBIT "A" Kimley-Horn and Associates, Inc. Annual Surveying and Mapping Services — IRC Project No. 1605 FEE SCHEDULE October 4, 2020 through October 3, 2022 HOURLY RATES BY EMPLOYEE CLASSIFICATION: CLASSIFICATION RATE Professional Surveyor and Mapper (PSM) $155.00 Project Surveyor $145.00 Survey technician/CADD technician $110.00 Geodetic Processing Technician $110.00 GIS Specialist $130.00 GIS analyst./ Technician $110.00 Administrative, Research, Clerical $ 50.00 Three-man Field Crew $170.00 Two -Man Field Crew $140.00 GIS Data Collection — One Person $100.00 Authorized Reimbursable Expense" Blueprints (24"x36") Concrete Monuments Global Positioning System (GPS) "All other expenses relevant to. project Consultant's Signature and Position Date $2.00 / sheet $20.00 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT RENEWAL AND AMENDMENT NO. 1 TO MASTER AGREEMENT FOR PROFESSIONAL SURVEYING & MAPPING ANNUAL SERVICES BETWEEN MORGAN & EKLUND, INC. AND INDIAN RIVER COUNTY This is a Renewal and Amendment No. 1 to the,Master Agreement for Professional Surveying & Mapping Services dated October 4, 2016 and Renewal Agreement dated October 4, 2018 between Morgan & Eklund, Inc. (SURVEYOR) and Indian River County, a political subdivision of the State of Florida, 180127th Street, Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into a Master Agreement for Annual Professional Surveying & Mapping Services (Master Agreement) dated October 4, 2016 and Renewal Agreement dated October 4, 2018; and WHEREAS, Section I of the Master Agreement — PROJECT LIMITS shall be issued Purchase Orders for proposed services less than $15,000.00 by the County and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners; and WHEREAS, Section XVII of the Master Agreement provides for the DURATION OF AGREEMENT and the parties desire to renew the Master Agreement for one additional two-year term; and NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and SURVEYOR agree as follows: 1. The Master Agreement for Annual Professional Surveying & Mapping Services (Master Agreement) dated October 4, 2016 and Renewal Agreement dated October 4, 20.18 -is amended as follows: Section I — PROJECT LIMITS shall read as follows: PROJECT LIMITS shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice -to -Proceed being issued.- Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Section XVII — Duration of Agreement The Master Agreement is hereby renewed for an additional two year period beginning on October 4, 2020 and ending on October 3, 2022. The attached fee schedule (Exhibit "A") shall remain in effect from October 4, 2020 to October 3, 2022. This Renewal and Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the F:\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Adrnin\agenda items\2020-2022 Renewal\Renewal & Fee\Renewal and Amendment No I - Morgan & Eklund.doc 8, i>n 4e ✓91' 711.70 JA authorized representatives of the parties as of the day and year first above written. IN WITNESS WHEREOF the parties hereto have executed this Renewal and Amendment No. 1 to Agreement as of the date first written above. CONSULTANT: MORGAN & EKLUND, INC. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By By Susan Adams, Chairman Printed Name and Title Date Approved by BCC: Date i Witness: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By By Deputy Clerk Printed Name Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Admin\agenda items\2020-2022 Renewal\Renewal & Fee\Renewal and Amendment No 1 - Morgan & Eklund.doc ^17 M&E Morgan & Eklund, Inc. 4909 US Highway I Phone: 772-388-5364 Vero Beach, Florida 32967 Fax: 772-3e6-3165 Exhibit "A" Fee Schedule October 4, 2020 to October 3, 2022 Rates for Indian River County Office Personnel: Surveyor/PSM $135/1u. -Chief Project Surveyor/Manager/PSM $95/hr. Hydrographic Survey Lead $85/hr. Senior Survey Computer Technician (CAD/Processing) $85/hr. Com puter Technician (CAD/Processing) $75/lu. Administrative Assistant (Research/Clerical) $50/hr. Field Personnel: Chief $75/hr. -Party Tluee Man Survey.Crew $135/lu-. Two Man Survey Crew $105/lu-. Three Man RTK/GPS Crew $170/hr. Two Man RTK/GPS Crew $140/hr. Specialized Survey Equipment: 26' Parker Survey Boat $500/day 16' Survey Boat $225/day RTK/GPS $350/day -Trimble MB 1 Multibeam System $750/day -Odom -Digital Fathometer $85/dg Compensator $200/day -Motion - HyPack Navigation Software& Computer $50/day -Polaris 6 WD Beach Vehicle $85/da_ J'3_1 I/ O - INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT RENEWAL AND AMENDMENT NO. 1 TO MASTER AGREEMENT FOR PROFESSIONAL SURVEYING & MAPPING ANNUAL SERVICES BETWEEN SOUTHEASTERN SURVEYING AND MAPPING CORPORATION AND INDIAN RIVER COUNTY This is a Renewal and Amendment No. 1 to the Master Agreement for Professional Surveying & Mapping Services dated October 4, 2016 and Renewal Agreement dated October 4, 2018 between Southeastern Surveying and Mapping Corporation (SURVEYOR) and Indian River County, a political subdivision of the State of Florida, 180127th Street, Vero Beach, Florida, 32960 (COUNTY). WHEREAS, the Parties entered into a Master Agreement for Annual Professional Surveying & Mapping Services (Master Agreement) dated October 4, 2016 and Renewal Agreement dated October 4, 2018; and WHEREAS, Section I of the Master Agreement — PROJECT LIMITS shall be issued Purchase Orders for proposed services less than $15,000.00 by the County and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners; and WHEREAS, Section XVII of the Master Agreement provides for the DURATION OF AGREEMENT and the parties desire to renew the Master Agreement for one additional two-year term; and NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and SURVEYOR agree as follows: 1. The Master .Agreement for Annual Professional Surveying & Mapping Services (Master Agreement) dated October 4, 2016 and Renewal Agreement dated October 4, 2018 is amended as follows: Section I — PROJECT LIMITS shall read as follows: PROJECT LIMITS shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice -to -Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Section XVII — Duration of Agreement The Master Agreement is hereby renewed for an additional two year period beginning on October 4, 2020 and ending on October 3, 2022. The attached fee schedule (Exhibit "A") shall remain in effect from October 4, 2020 to October 3, 2022. This Renewal and Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. F:\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Admin\agenda items\2020-2022 Renewal\Renewal & Fee\Renewal and Amendment No 1 - Southeastern Surveying.doc 07— IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the (( authorized representatives of the parties as of the day and year first above written. IN WITNESS WHEREOF the parties hereto have executed this Renewal.and Amendment No. 1 to Agreement as of the date first written above. CONSULTANT: SOUTHEASTERN INDIAN RIVER COUNTY SURVEYING AND MAPPING BOARD OF COUNTY COMMISSIONERS CORPORATION By By Susan Adams, Chairman Printed Name and Title Date Approved by BCC: Date Witness: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By By Deputy Clerk Printed Name Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTSU 605 IRC Annual 2016 Professional Survey Services Contract\Admin\agenda items\2020-2022 Renewal\Renewal & Fee\Renewal and Amendment No I - Southeastern Surveying.doc is r. 100/ Employee Owned , j , , � � Serving the Southeast Since 1972 www.southeasternsuryq&g.com Land Surveying and Mapping • Subsurface Utility Designation and Location • Geographic Information Systems • Asset Management Corporate Office 6500 All American blvd, Orlando, Florida 32810 P 407,292 8580 Northwest Florida 1130 Highway 90 Chipley, FL 32428 R 850.638,0790 Northeast Florida 8641 Baypine Rd Suite 5 Jacksonviile, FL. 32256 P: 904.737, 5990 Southwest Central Florida 10770 N 48th SL Suite C•300 Tampa, FL 33617 P: 813,898,2711 South Central Florida 10 East Lake St Kissimmee. FL 34744 P: 407 944.4880 West Central Florida 119 West Main St. Tavares, FL 32778 P: 352 343.4880 North Central Florida 2860 Hwy 71 N Ste C Marianna, FL 32446 P, 850 482 0312 Southeast Alabama 355 N, Oates St. Suite 5 Dothan, AL 36303 P 334 648.0288 October 3, 2020 to October 3, 2022 FEE SCHEDULE Surveying & Mappine Services Personnel Classification Professional Surveyor & Mapper/PSM Expert Witness Senior Technician CAD Technician SurveV Division 1 Person Field Crew 2 Man Field Crew 3 Man Field Crew 4 Man Field Crew Sketch of Description (per SD) Typical Work Tasks Hourly Billing. Rate Project Management, Project Surveyor $143.00 / per hour Quality Control/Quality Assurance Reviews Attendance and Testimony at Trial Project Calculations Preparation of Descriptions Drafting of Projects, Preparation of Sketches for Descriptions Completes field data collection and inventory. Performs reconnaissance activities for completion of survey related tasks. Elevation Certificates Residential Elevation Certificate Commercial Elevation Certificate (per bldg.) Mortgage Survey quoted on a task by task basis per requirements 1 , Plat Review Services (if required) i Initial Review includes Second Review Plat (initial and second review) Third or Additional Review Same Plat Plat (third or additional reviews of same plat) GIS MaoDine Services Personnel Classification Professional Engineer GIS Analyst GIS Technician 2 Man GPS Crew 1 Person GPS Crew Typical Work Tasks $287..00 / per hour $106.00 / per hour $95.00 / per hour $106.00 / per hour $143.00 / per hour $181.00 / per hour $206.00 / per hour $540.00 $490.00 $925.00 $840.00/per Plat (up to 2 sheets) $143.00/per sheet (over 2 sheets) Project Management, Quality Control/Qua.lity Assurance Reviews Database Design, Programming/ Quality Control/Quality Assurance Data Entry, Data Editing Field Asset Inventory (sub -meter) Field Asset Inventory (sub -meter) $375.00 Hourly Billing Rate $143.00 / per hour $106.00 / per hour $ 95:00 / per hour $143.00 /per hour $ 85.00 / per hour 9�' Subsurface Utilitv Eneineerine Services Designating Services Regular Rate Emereency/On Call Services 1 Test Hole/Asphalt/Concrete $611.00 Night/WeekendlOvertime Project Manager $139.00 / per hour $208.50 Senior Technician $103.00 / per hour $154.50 2 Man SUE Crew $198.00 / per hour $297.00 3 Man SUE Crew $251.00 / per hour $376.50 GPR Bore Route $599.50 $898.50 Vacuum Excavation (Test Holes/WH) 1 Test Hole/Dirt $492.00 $738.00 1 Test Hole/Asphalt/Concrete $611.00 $916.50 2 -19 Test Holes/Dirt $421.00 / each $631.50 2 -19 Test Holes/Asphalt/Concrete $480.00 / each $720.00 20 - 49 Test Holes/Dirt $385.00 / each $577.50 20 - 49 Test Holes/Asphalt/Concrete $433.00 / each $649.50 50 -'99 Test Holes/Dirt $332.00 / each $498.00 SO - 99 Test Holes/Asphalt/Concrete $385.00 / each $577.50 100 or more Test Holes/Dirt $295.00 / each $442:50 100 or more Test Holes/Asphalt/Concrete $336.00 / each $504.00 All Exploratory Excavation Projects $343.00 / per hour $514.50 Test Holes deeper than 10 feet may be charged at the Exploratory Excavation Rate. Larger excavation projects which require specialized equipment (shoring, de -watering, etc.) will be quoted on a task by task basis. Vacuum Excavation for Environmental Services Vacuum Excavation for Monitoring Wells/Soil Samples when requirements dictate vacuum or hand digging down 8 feet to 10 feet prior to drilling. (3"-4" in diameter, 8' to 10' deep, concrete/asphalt removed if necessary) 1-9 Monitoring Wells/Soil Samples $301.00/each $451.50 10-19 Monitoring Wells/Soil Samples $242.00 / each $363.00 20-49 Monitoring Wells/Soil Samples $182.00 / each $273.00 Survey Services for Utility Projects Project Manager/Professional Surveyor & $143.00 / per hour $214.50 Mapper Two Person Survey Field Team $143.00 / per hour $214.50 Three Person Survey Field Team $181.00 / per hour $271.50 Clerical $ 62.00 / per hour Concrete Radar Mapping/imaging (concrete assessment/inspection, grid scans & debris assessment) 1 Person Crew $217.00 / per hour $336.00 Closed Circuit Televising (CCN) Services (will be quoted on a task by task basis per requirements) Maintenance of Traffic (MOT) If required MOT specialist will be contracted and the cost will be passed on with a 10% mark-up for coordination. Off Duty Officer(s) (if Required per permitting) billing will be a pass-through cost and are not included in the per lane closure cost listed below. Per Lane Closure $731.00 $931.00 Sidewalk Closures $200.00 $300.00 Mobilization Per Project in Excess of 50 Miles from Home $900.00 $1,350.00 Office Location Per Diem/Lodging Expenses Per Day Two Person Crew $330.00 Per Day Three Person Crew $450.00 If HAZWOPER CERTIFIED personnel are required there will be a 20% increase in the Hourly Rate.. Overtime rates will be charged for jobs requiring night work or Emergency/On-Call Services A IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. IN WITNESS WHEREOF the parties hereto have executed this Renewal and Amendment No. 1 to Agreement as of the date first written above. CONSULTANT: CIVILSURV DESIGN INDIAN RIVER COUNTY GROUP, INC. BOARD OF COUNTY COMMISSIONERS By By Susan Adams, Chairman Printed Name and Title Date Approved by BCC: Date Witness: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By By Deputy Clerk Printed Name Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Admin\agenda items\2020-2022 Renewal\Renewal & Fee\Renewal and Amendment No 1 - CivilSurv.doc 37 Duty Code 72 73 74 75 76 77 78 79 80 43 44 45 46 } CIVIL V I A Tradition of Innovative Fngineering EXHIBIT A FEE SCHEDULE Job Classification Administrative Assistant Associate 1 Associate 2 Sr. Associate Project Manager Sr. Project Manager Director Principal Sr. Principal / Expert Witness Survey Crew . Survey Crew with MOT SUE Designating Crew SUE Locations/GPR Crew Effective April 14, 2020 444 0 Lane SSV I Vero Beach, Florida 32962 Hourly Rate $75.00 $85.00 $95.00 $120.00 $150.00 $180.00 $220.00 $240.00 $300.00 $165.00 $210.00 $190.00 $2'75.00 NNm,% V. C i v i l S a r V. co m Small Business Enterprise i p. 772-323.2244 r.. 772-323-2245] toll free 866-397-4771 � 7�� EXHIBIT B Direct Expenses Photographic Copies Color Copies a) 8.5"x11" b) 8:5"x14 or 11"x17" c) 24"x 36" Black & White Copies a) Any Size up to 11"x17" b) 24"x 36" Blackline c) 30" x 42" Blackline d) 24" x 36" Sepia e) 24"x 36" Mylar Laminating/Transparency Film Covers Display Boards Mounted (Foam) 30"x 40" Mounted (Foam) 40"x 60" and larger 3 Ring Binders 1" Dividers (Tabs) Set of 10 Acco/GBC Binding Facsimiles Overnight Packages/Courier & Delivery Services Postage: 1st Class Mileage: CIVILSUfV A Tkictition o1 Innovotive Engine( -:!ring Cost per Unit $ 1.00 $ 2.00 $20.00 $ 0.25 $ 3.00 $ 3.00 $10.00 $15.00 $ 3.00 $45.00 $75.00 $ 2.50 $ 1.00 $ 3.00 $ 2.50 $25.00 Current US Postal rate $ 0.55 / mile — Current IRS Rate "NOTE. Typical other reimbursable expenses include travel, lodging, and meals when traveling on CLIENT'S behalf, identifiable communication expenses, all reproduction costs, and special accounting expenses not applicable to general overhead. www.CivilSurv.com Small Business Enterprise 444 4"Lane SW I Vero Beach, rlorida 32962 1). 772-323-22441 f 772-323-22451 toll tree 866-397.4771 qe INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Purchase — 58th Avenue/37th Street Intersection 3755 581h Avenue, Vero Beach, FL 32966 Owners: Robert L. Matthews DATE: September 9, 2020 DESCRIPTION AND CONDITIONS Robert L. Matthews owns a 0.93 acre improved parcel located at 3755 58th Ave, Vero Beach, FL 32966. Staff approached Mr. Matthews in reference to purchasing a portion of the parcel. The County needs 0.042 acre of the parcel for right-of-way for road improvements. The subject property consists of an improved parcel having frontage on 58' Avenue. The property is zoned RS -3 single-family residential district (up to 3 units). The County obtained an appraisal of the property indicating a value of $5,000.00. The County offered $5,000.00 to purchase the property. After a few weeks of negotiations all parties agreed on $6,000.00 purchase price, and the County paying all closing costs estimated at $500.00. FUNDING Funding is budgeted and available for this expenditure in the amount of $6,500.00 in the Optional Sales Tax/ROW/58th Ave -37th Street turn lane account. Account # 31521441-066120-15006. Account Name Account Number . Amount Optional Sales Tax/ROW/58th Ave -37th Street Turn Lane 31521441-066120-15006 $6,500.00 RECOMMENDATION Staff recommends the Board approve the Purchase Agreement in the amount of $6,000.00, with an estimated $500.00 in closing costs to be paid by the County for the purchase of 0.042 acre property located at 3755 58th Avenue, Vero Beach, FL 32966, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement APPROVED AGENDA ITEM FOR: September 22, 2020 38 EMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND ROBERT L. MATTHEWS THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2020, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Robert L. Matthews ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 3755 58th Avenue, Vero Beach, Florida 32966. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements at the 58th Avenue and 37th Street intersection in the future and the road expansion will impact the Seller's property; and WHEREAS; in order to proceed with the road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to the 58th Avenue/37th Street intersection; and WHEREAS, the County has contacted the Seller and has offered to purchase right- of-way ightof-way of approximately 1,855 square feet or 0.042 acres of property as depicted on Exhibit "A"; and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration 'of the mutual terms, conditions,. promises, covenants and premises hereinafter recited, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 3755 58th Avenue, Vero Beach, Florida 32966 and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 0.042 acres; all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $6,000.00 (Six Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the. County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such 39 Board or by the County Administrator pursuant to his delegated authority. 2.2 Culvert. As a result of the road improvements, the existing culvert located at the southernmost driveway will have to be removed. The County or its contractor will put in a replacement culvert approximately 30 feet in length. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon this agreement shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 Seller represents that there are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance damags, or otherwise against the County; or (ii) waive the County's default and pring. 2 40 5.2 In the event the Seller shall fail. to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller, or (ii) obtain speck performance of the terms and conditions hereof; or (iii) waive the Seller's default_and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in. the condition required by paragraph 1 (b) The Seller shall have removed all of their personal property and equipment from the Property and shall deliver possession of the Property to County in the same or better condition that existed at the Effective Date .hereof: (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller isa non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. (a) All ad valorem taxes which are a lien on the property or on prior to the closing date Shall be paid by Seller. (b) All non -valorem taxes, whether not yet assessed not due and payable shall be paid for by the Seller. The non -ad valorem taxes shall not be prorated, rather they shall be paid in full by the seller. 7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. 41 7.1 County shall pay all expenses at Closing: 7. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2. All costs necessary to cure title defect(s) or encumbrances, other than the Seller Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 7.3 The estimated closing costs for this purchase transaction is $500.00. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; as well as receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings, County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via `overnight" courier service or facsimile transmission, as follows: 4 42 a If to Seller: Robert L. Matthews 3755 58th Avenue Vero Beach, FL 32966 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Monique Filipiak Fax Number: (772)778-9391 Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioner or County Administrator as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the. form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for .sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 5 43 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Susan Adams, Chairman Date Approved by BCC Robert L. Matthews ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: County Attorney 0 Z G 26 2,7e) Date 44 Skelch and L ega/ Description dor.. /NDIANR/VER COUNTY Legal Description (Right of Way Acquisition) BEING THE EAST 15.0 FEET OF THE FOLLOWING DESCRIBED PARCELTO WIT: LOT 8, PALM VILLA ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 58, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 1,855 SQUARE FEET, MORE OR LESS EXHIBIT "A" Surveyor's Notes i). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO. 1356, DATED JULY 24, 2015. 2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET SHOWING THE SKETCH OF THE DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL 3). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE, THERE MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS OR OTHER ENCUMBRANCES NOT SHOWN HEREON, BUT CAN BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. This is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION Robert and Gloria Matthews - 3755 58th Avenue AGENCY: LND/.4N RIVER CDUNT); FL PUBLIC W 0Rr'rS DEPT./ENG/NEER/NG DIV. SkOVi and Lega/Descripiior7 DATE: DRAWN BY: 2119/19 R. /NOLETT ICY. - N/A APPROVED BY: /NDIANRIVER COUNTY OB No: 1357 D. S/LON 1 OF 2 (37555-9117 Avenue) __ Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OFA FLORIDA LICENSED SURVEYOR AND MAPPER) Legend and Abbreviations I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID I.R.F.W.C.D. = INDIAN RIVER FARMS SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND WATER CONTROL DISTRICT BELIEF. L = LENGTH OFARC O.R.B.= OFFICIAL RECORD BOOK I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF (P) = PLAT PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF P.B.= PLAT BOOK SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PG = PAGE PBS = PLAT BOOK ST. LUCIE PURSUANT TO SECTION 472.027 FLORIDA STATE STATLTEIS, 2 �' n=DELTA ANGLE L0/ ! SQ. FT. = SQUARE FEET DATE OF SIGNATURE DAVID I M. S—bfV'CLU—N IL R = RADIUS RAY = RIGHT-OF-WAY PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 6139 This is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION Robert and Gloria Matthews - 3755 58th Avenue AGENCY: LND/.4N RIVER CDUNT); FL PUBLIC W 0Rr'rS DEPT./ENG/NEER/NG DIV. SkOVi and Lega/Descripiior7 DATE: DRAWN BY: 2119/19 R. /NOLETT ICY. - N/A APPROVED BY: /NDIANRIVER COUNTY OB No: 1357 D. S/LON 1 OF 2 (37555-9117 Avenue) __ S/retch 817(I L&gal Descrint/ori for,-11WIANRIVER COUNT' r Q p W m= o�>arym 00 RIGHT OF WAY UNE m pNSa +� O W 7z 0 ^n oz o^ 00O I<Wm O W �• Legend and Abbreviations 00 `�N I.R.F.W.C.D. = INDIAN RIVER FARMS "' WATER CONTROL DISTRICT L = LENGTH OF ARC oJa'u7 .4 SOI W Z P.B = PLAT BOOK PG = PAGE I PBS = PLAT BOOK ST. LUCIE r- orto ..-I SQ. FT. =SQUARE FEET I W z Oz�N p o _ OOZ.,� LL 0 ¢ O as m CIO p� F—I 0 -j to m NOp fC a <� MQQ.O (NOT TO' SCALE) " y "pNto Y W 327.3'±, L A N < Da. --- --- Elm ° 00 M rn M .0 I h- I Q I Wt' ++ < = o (� a1< o m CO N N a)CIO d r vi Dim.^ -(D O N z z 61-j t- O J a 0 O pQ C7 EAST 15' 0 I cr- O < I ^ 1 ` o,�o Sm o I zlnm lv cn N oQ..U) F � �p�d ° d v mWma Z Z ri a I MSN J -� >-r M I 41 327.2'± p W m= o�>arym 00 m pNSa +� O pj i Z 0 ^n oz o^ 00O I<Wm WKK rN,Tod Legend and Abbreviations I I.R.F.W.C.D. = INDIAN RIVER FARMS "' WATER CONTROL DISTRICT L = LENGTH OF ARC O.R.B = OFFICIAL RECORD BOOK (P) = PLAT P.B = PLAT BOOK PG = PAGE PBS = PLAT BOOK ST. LUCIE .p=DELTA ANGLE I SQ. FT. =SQUARE FEET R = RADIUS RAN = Plr4WT_nC_%ArAv 211 co to I. 25' - I I I RIGHT OF WAY LINE Street Lot 1 1 Block 3 32-39-28-00007-0030-00001.0 I JOSIANNE FANFAN ALLEN SITE ADDRESS: 5775 38th STREET O_R.B. 1751, PG 2rl Robert and Gloria Matthews - 3755 58th Avenue RIMER COUNTY, FL ail, This Is not a Boundary Survey PROVIDED IN ITS ENTIRETY CONSISTING 0F2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION rc�� DEPT./ENG/NEER/NG D/{! Slre%h 8/70( L ega/Description DRAWN BY: 19' R. /NGL£TT for.- N/A '"��"' "' D.S/LON 11WIANR/VER COUNTY 2 of 2 0B N0' 1357 (375556YI7 Avenue) lertu- INDIAN RIVER COUNTY, FLORIDA mob MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: First Amendment to Indian River County and Department of Education/Division of Blind Services Vending Machine Agreement DATE: September 14, 2020 DESCRIPTION AND CONDITIONS The Recreation Division through the Purchasing Division advertised for a Request for Proposals (RFP) to place vending machines at the Intergenerational (iG) Recreation Center, Gifford Aquatic Center, North County Aquatic Center and the Shooting Range. The Board approved the original agreement on August 13, 2019. The original agreement was for sales of beverages and snacks at Recreation Division Facilities that were currently being handled by County staff. Public Works received several requests from staff to place vending machines at the Administration Complex. The original agreement does not allow for additional locations to be added to the agreement without obtaining Board Approval. The First Amendment to the Agreement amends Section 12, Machine Locations, to include County Administration Building B, 1800 27th Street, Vero Beach. The First Amendment also amends Section 2, Basic Agreement, to allow for other facility locations to be designated by the County as determined by the County Administrator. FUNDING No funding is required through this agreement. All proceeds from the resulting agreement will be deposited into the appropriate facility concessions account. The revenue generated from the vending agreement will be 12% of gross sales. RECOMMENDATION Staff recommends the Board approve the first amendment to the agreement with the Florida Division of Blind Services and authorize the Chairman to sign after review and approval of the agreement by the County Attorney as to form and legal sufficiency. ATTACHMENTS First Amendment to the Agreement with the Florida Division of Blind Services APPROVED AGENDA ITEM FOR: September 22, 2020 47 FIRST AMENDMENT TO INDIAN RIVER COUNTY AND DEPARTMENT OF EDUCATION/DIVISION OF BLIND SERVICES AGREEMENT THIS FIRST AMENDMENT TO INDIAN RIVER COUNTY AND DEPARTMENT OF EDUCATION/DIVISION OF BLIND SERVICES AGREEMENT ("Amendment") is entered into as of the day of , 2020 by and between Indian River County, a political subdivision of the State of Florida, whose address is 180127 th Street, Vero Beach, Florida, 32960 ("County"), and Department of Education/Division of Blind Services (the "Contractor"). RECITALS WHEREAS, County and Contractor entered into the Indian River County and Department of Education/Division of Blind Services Agreement for vending machines at listed County facilities (the "Agreement"); and WHEREAS, the County wishes to expand the list of facilities where vending machines will be located per section 1 of 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 2 (BASIC AGREEMENT). The second sentence of Section 2 of the Agreement is amended to read as follows: "Other facilities may be designated by the County as determined by the County Administrator." 3. Amendment of Section 12 (MACHINE LOCATIONS). Section 12 of the Agreement is amended to read as follows: "12. MACHINE LOCATIONS The vending machines shall be located at the designated sites: Intergenerational Recreation Facility at 1590 9th St SW, Vero Beach North County Aquatic Center at 9450 CR 512, Sebastian Gifford Aquatic Center at 4895 43rd Ave, Vero Beach Public Shooting Range at 10455 102nd Terrace, Sebastian County Administration Building B, 1800 27th Street, Vero Beach" 4. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, County and Contractor have executed this instrument this _ day of , 2020. CONTRACTOR INDIAN RIVER COUNTY, FLORIDA Richard Corcoran, FLDOE Commissioner Authorized Officer (Print Name) Witnessed 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 49 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM * Assistant County Administrator/ Department of General Services Library Services Division Date: September 11, 2020 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Tracey L. Wehking, Director, Library Services Subiect: Indian River Countv Library State Aid to Libraries Grant T ent Agendaeeting 09.22-2020 BACKGROUND In order to comply with the State Division of Library Information Services State Aid Grant Application, the Indian River County Library System must have the Grant Agreement, Certification of Hours, and Annual Plan approved by the Governing Board and the Grant Agreement and Certification of Hours signed by the Chair. DESCRIPTIONS AND CONDITIONS: The State Aid to Libraries Grant awarded to Indian River County Libraries was $85,304 for Fiscal Year 2019-20. The Grant requires Indian River County Library System to provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge. The Libraries must provide access to materials and information and services for all residents of the area served; and, to have at least one library, branch library, or member library open 40 hours or more each week. Additionally, the Indian River County Library System must have a Commission Approved Annual Plan of Service on file. The Annual Plan of Service is an outline of the Indian River County Library System's focus of activities during the year. The plan supports the goals, objectives, and action plan for the Library System's Long -Range Plan, and are supported by the Library System's budget. FUNDING: No funding is required. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve the Indian River County Library System State Aid Grant Agreement, Certification of Hours, and Annual Plan and authorize the Chairman to sign and return the State Aid Grant Agreement and Certification of Hours for FY 2020-21 to the Library Services Director to be forwarded to the appropriate State Library staff. ATTACHMENTS: State Aid to Libraries Grant Agreement Certification of Hours, Free Library Service and Access to Materials Annual Plan of Service FY 2020/2021 AGENDA ITEM FOR SEPTEMBER 22.2020 WC 21 -ST Indian River County Library STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Indian River County for and on behalf of Indian River County Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the Indian River Countyfor and on behalf of Indian River County Library, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Fiscal Year 2020-21 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose.This grant shall be used exclusively for the "State Aid to Libraries Grant," the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: In accordance with Sections 257.17-257.18, Florida Statutes, the Grantee shall receive a grant amount that is calculated and based upon local funds expended during the second preceding fiscal year for the operation and maintenance of the library. For this grant, the local expenditures shall have been made during the period October 1, 2018 - September 30, 2019. In order to be eligible to receive the grant funding, the Grantee shall manage or coordinate free library service to the residents of its legal service area for the period October 1, 2018 through June 30, 2021. The Grantee shall: o Have a single administrative head employed full time by the library's governing body; o Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; o Provide access to materials, information and services for all residents of the area served; and o Have at least one library, branch library or member library open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement. b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to Page: 1 State Aid to Libraries Grant Agreement (Form DLISISA02) 51 Chapter IS2.011(2)(a); Florida Adrrrinistrative Code. Effective 03-2020 be awarded. Payment 1, Deliverable/Task I Payment will bean advance in the armimt of 50% of the giart award for the period October 1, 2018 through June 30, 2021. The Grartee will: o Have expended funds to provide free library service during the period October 1, 2018 - September 30, 2019; o Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1, 2018 - September 30, 2019 only; and o Provide the Certification of Credentials for the Single Administrative Head. Payment 2, Deliverable/Task 2 Payment will be anadvance in the armurrt of 50% of the grant award for the period October 1, 2018 through June 30, 2021. The Grantee will: o Provide documentation showing that at least one library, branch library or member library is open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement; and o Provide a Certification of Hours, Free Library Service and Access to Materials. c) Grant funds shall be used for the operation and maintenance of the library. The allowable budget categories are: Personnel Services (salaries, wages, and related employee benefits provided for all persons employed by the reporting entity whether on full-time, part-time, temporary, or seasonal basis); Operating Expenses (expenditures for goods and services which primarily benefit the current period and are not defined as personal services or capital outlays); Non -Fixed Capital Outlay (outlays for the acquisition of or addition to fixed assets); and Other (other operating expenditure categories in the library budget). 2. Length of Agreement.This Agreement covers the period of October 1, 2018 to June 30, 2021, unless terminated in accordance with the provisions of Section 28 of this Agreement. This period begins with the start of the Grantee's second preceding fiscal year (October 1, 2018) and concludes with the end of the State of Florida's current fiscal year (June 30, 2021). 3. Expenditure of Grant Funds. Grant funds will be used to reimburse a portion of local funds expended by the Grantee during their second preceding fiscal year (October 1, 2018 — September 30, 2019) for the operation and maintenance of a library and shall not exceed the amount specified in Attachment B. No costs incurred after the second preceding fiscal year shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. Page: 2 State Aid to Libraries Crant Agreement I.Fond DLIS`SA02) 52 Chapter IB -2.011(2)(a.), Florida Administrative Code, Fffective 03-2020 For the Division of library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399-0250 Phone: 850.245.6620 Email: marian.deeney@dos.myflorida.com For the Grantee: Tracey Wehking Indian River County Library 1600 21st Street Vero Beach Florida 32960 Phone: 772.770.5060 Email: twehking@irchbrary.org 5. Grant Payments. The total grant award shall not exceed the amount specified on the Fiscal Year 2020-21 State Aid to Libraries Final Grants document (Attachment B), which shall be paid by the Division in consideration for the Grantees minimum performance as set forth by the terms and conditions of this Agreement. Payment will be made in accordance with the completion of the Deliverables. The grant payment schedule is outlined below: a) The first payment will be 50% of the grant award. Payment will be made in accordance with the completion of the Deliverables. b) The second payment will be 50% of the grant award. Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form (formmmber DFS -Al -26F, rev 6/2014), incorporated byreference, to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myfloridacfo.com/Division/AA/Forms/DFS-Al-26E.pdf, The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division before or with the executed Agreement. Page: 3 State Aid to Libraries Gant Agreement Womi DLISISA02) 53 Chapter 152.01 1(2)(a), Florida Administrative Code. Fffective 03-2020 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: The Department shall require the return of the award in a prorated amount based upon the percentage of time that the library failed to perform the minimum level of services. The prorated reduction will be in the same percentage as the percentage of time that the library was not providing minimum level of services. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grantfundingfor activities and publications supported by grant funds. Any announcements, information, press releases, publications, brochures, videos, web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: "This project has been funded under the provisions of the State Aid to Libraries Grant program, administered by the Florida Department of State's Division of Library and Information Services." 10. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (as ofJarnrary2020), incorporated byreference, which are available online at haps J/www.myfloridacfo.com/division/aa/manuals/documents/ReferenceGuideforStateExpenditures.pdf Grant funds may not be used for the purchase or construction of a library building or library quarters. 11. Travel Expenses. The Grantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes. 12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds as outlined in the Department of Financial Service's Reference Guide for State Expenditures (as of January 2020) (haps•//www mvfloridacfo com/division/aa/manuals/documents/ReferenceGuideforStateExpenditures pdf), incorporated by reference. 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department Page: 4 State Aid to Libraries Grant Agreement (Form DL1S/SA03) 54 Chapter 1132.01((2Xa), Florida Administrative Code, Effective 03-2020 of State, Attention: Marian Deeney, Division of Library and Information Services, 500 South Bronough Street, Mail Station #913, Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 14. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $750,000 instate financial assistance, it must submit a Financial Report on its operations pursuant to Section 218.39, Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager.for assistance if it receives a public records request related to this Agreement. 18. Noncompliance. Any Grantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the Page: 5 State Aid to Libinties Grant Atreement (Form DLIS'SA02) . 55 C7iapter 113.2.011(?)(a), Florida Adnmiistrative Code. Effective 03-2020 grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks).. 20. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 21. Lobbying. The Grantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors.The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. 24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, Page: 6 State Aid to Libraries 0 -ant Agreement (Form DLIS,'SA02) 56 Chapter IB -2.011(2)(a), Florida Administrative Code. Effective 03-2020 employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with .this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Sectionl8, Noncompliance. 26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or Page: 7 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Ch57 Chapter IB-2.011t2)(a); Florida Adninistrative Code. Effective 03-2020 J remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 30. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant -assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 33. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. Page: 8 State Aid to Libraries Gant Agreement (Form DLIS`SA02) 58 Chapter 1&2.011(2)(a), Florida Administrative Code. Effective 03-2020 35. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of 1990 (ada.gov (as of January 2020)), incorporated by reference). 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. Page: 9 State Aid to Libraries want Acreement (Foran DLIS'SA(72) Cn Chapter (B -2.011(2)(a), Florida Administrative Code. Effective 03-2020 J7 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2020-21 State Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Grantee: L-02 Chair of Governing Body or Chief Executive Officer Department of State Amy Johnson, Director Division of Library and Information Services Department of State, State of Florida Typed name and title Typed name and title Date Date Clerk or Chief Financial Officer Witness Typed name and title Date Date Page: 10 State Aid to Libraries Grant Agreement (Form DLIS,'SA02) 60 Chapter [B -2.011(2)(a), Florida Adnnnistrative Code. Effective 03-2020 ATTACHMENT A FLORIDA SINGLE AUDIT ACT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. Monitoring In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F.S), as revised (see Audits below), monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor.General. Audits Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. Exhibit 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, will meet the requirement of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. , 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Requirements, the cost of the audit must be Page: l l State Aid to Libraries Grant Agreement (Form DLIS"SA02) 61 Cliapter IB -2.011(2)(a), Florida Adnwristrative Code; Effective 03-2020 paid from non-federal resources (i.e. the cost of such an audit must be paid from recipient resources obtained from other than federal entities). Part II: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2) F.S. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017 and thereafter), the recipient. must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S. ; Rule Chapter 69I-5 F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2) F.S. , and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017 and thereafter), an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) hU://www.myfl—oridacfo.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) httD ://www. lee. state. fl.us/ Part III: Report Submission 1.. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by PART I of this agreement shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Page: 12 State Aid to Libraries Grant Agreement (Form DLIS/SA02) 62 Charter 'IS2.01 1(2)(a), Florida Administrative Code, Effective 03-2020 V Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.6 and section 200.512 The FAC's website prides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97 F.S. and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. Page: 13 State Aid to Libraries Gant Aareetnent (Form DlJSJSA02) 63 Chapter 1I3 -2.011(2)(a); Florida Administrative Code, Effective 03-2020 EXHIBIT -1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED. TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, State Aid to Libraries; CSFA Number. 45.030 Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at httpsJ/apps.fldfs.com/fsaa/. Page: 14 State Aid to Libraries Grant Agreement (Form DLIS'SA02) 64 Chapter IB -2.011(2)(a); Florida Adnvnistrative Code. Effective 03-2020 ATTACHMENT B Fiscal Year 2020-21 State Aid to Libraries Final Grants State Aid to libraries Grant Agreement (EonnDLISISA02) Chapter'I&2.01 I(2)(a); Florida. Administrative Code. Effective 03-2020 Page: 15 65 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARYAND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Homs, Free Library Service and Access to Materials The Indian River County, goveming body for the Indian River County Library hereby certifies that the Dowing statements are true for the time period October 1, 2018 through June 30, 2021: • Provides free library service, including loaning materials available for circulation free of charge and providing reference and infomuation services free of charge; • Provides access to materials, information and services for all residents of the area served; and • Has at least one library, branch library or member library open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system). Signature Chair, Library Goveming Body Name (Typed) Date Page: 1 66 Indian River County Library System Annual Plan of Service FY 2020/2021 The Annual Plan of Service is an outline of the Indian River County Library System's focus of activities during the year. The plan supports the goals, objectives, and action plan from the Library System's Long -Range Plan, and are supported by the Library System's budget as described. The major emphasis during Fiscal Year 2021 (October 1, 2020 to September 30, 2021) will be: • Expand service area to the Intergenerational Center through the use of a state- of-the-art vending library. • Continue Archive Center digitization projects to preserve local and Florida history. • Expand outreach to children and seniors. • Continue to offer innovative programming that brings in historically difficult to reach age groups. • Continue to provide public computer and internet instruction. • Administer LSTA grant for technology instruction. • Increase programming and services to children using improved and modified staffing levels. • Continue expansion of the North County Library to provide a multi-purpose children's room and STEAM lab. • Partner with local organizations to provide free legal clinics to the public. • Market and promote the Legal Study Center. • Provide materials and information services that are responsive to the diverse needs of the public and legal community and ensure accessibility for all. • Partner with the Laura Riding Jackson Foundation on joint programming at the Brackett Library. • Continue to offer enhanced digital collections. 67 GRANT NAME: -a-� e -k d +o GRANT # AMOUNT OF GRANT: g rj , S N I �S+1 YYI Gt I DEPARTMENT RECEIVING GRANT:( {_ � cSP.VVI�2S �L,bra� (Wour, -I' Geu 00 - 103 CONTACT PERSON: TELEPHONE: 1. How long is the grant for? l- `f ` eatl Starting Date: W -D ber 2. Does the grant require you to fund this function after the grant is over? YesNo 3. Does the grant require a match? Yes �1Vo If yes, does the grant allow the match to be In -Kind services? Yes _No 4. Percentage of match to grant % 5. Grant match amount required S 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes No If yes, please list. (If additional space is needed, please. attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement - Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: `Z _ J 69 Indian River County, Florida Department of Utility Services Board Memorandum Date: September 9, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: Amendment No. 1 to Work Order No. 3 with Kimley Horn and Associates for Floridan Well Deepening and Performance Improvement at South County RO Plant Descriptions and Conditions: On July 12, 2016, the Indian River County Board of County Commissioners (BCC) awarded the contract for the South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) Well Number 7, Wellhead and Appurtenances, and Floridan Aquifer Wells Rehab Project to All Webbs Enterprises, Inc. (AWE), at a cost of $1,477,360.00. During the initial phases of rehabilitation of well 5-4, it became apparent that the existing polymerizing vinyl chloride (PVC) casing was damaged significantly to the extent of not being salvageable. Therefore, a change orderwas issued to AWE to drill a new well S4 -R, which also included additional time. An additional 250 calendar days were added to the original 240 -calendar days to incorporate the construction of the new well S4 -R. Analysis: The work was originally intended to be completed within 445 days on February 14, 2019. To date, it appears AWE may be completed more than a year and a half over the originally approved schedule, or approximately 600 days. Following are some of the reasons for delays caused by AWE: • Non responsive • Lack of proper management of the project • Delays transitioning between wells and phases of construction (typically delays starting the next well in sequence and the transition between drilling/acidization/development/testing and wellhead construction) • Equipment issues requiring activities to be performed multiple times and requires multiple trips (geophysical logging and videos). • Delays from not completing well S-7 and S-4 wellheads delayed the start of work at S-2. Slow completion of S-2 wellhead led to delays in starting S-3, etc. 70 • Forgot to video 5-2 before putting back in service • Not having enough rigs for all AWE projects • Start-up for S-4 was very delayed because of the wrong mechanical seal being installed • Deep pedestal with rotted vent pipe inside delayed S-2 • Faulty flow switches • Lead time ordering new Cla-Vats Staff requested that Kimley-Horn create a proposal for the expended additional time overseeing drilling and construction activities. The Amendment No. 1 to Work Order 3 will be provided in accordance with the Continuing Consulting Engineering Services Agreement for Professional Services with Kimley-Horn and Associates dated April 17, 2018. The scope is more specifically described in the attached Amendment No. 1 to Work Order No. 3. The total cost for the South Oslo Rd Water Plant Floridan Well Deepening and Rehabilitation Additional Construction Phase Services outlined in Amendment No. 1 to Work Order No. 3 is a lump sum amount of $67,277.00. Note that AWE has been put on notice that this amount will be deducted from their final payment. Funding: Funding for Amendment No. 1 to Work Order No. 3 is available in the Utilities Operating Fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Rehab SCRO Wells 47123536-044699-15518 $ 67,277.00 Recommendation: Staff recommends approval of Amendment No. 1 to Work Order No. 3 authorizing the professional services and requests the Indian River County Board of County Commissioners to authorize the Chairman to execute the Amendment No. 1 to Work Order No. 3 on their behalf for a lump sum amount of $67,277.00 to Kimley-Horn and Associates. Attachment(s): Amendment No. 1 to Work Order No. 3 and supporting documents (3 Pages) 71 CCNA2018 AMENDMENT 1 TO WORK ORDER 3 Floridan Well Deepening and Performance Improvement This Amendment 1 to Work Order Number 3 is entered into as of this _ day of , 2020, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17' day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 3, Effective Date July 3, 2018. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), and within the timefra%ne more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set fob in the Agreement. 3. From and afterthe Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written a CONSULTANT: By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Admi Dylan T. Reingold, County 72 EXHIBIT A Amendment 1 to Work Order Number 3 Indian River County Department of Utility Services South Oslo Rd Water Plant Floridan Well Deepening and Reha Additional Construction Phase Services PROJECT UNDERSTANDING Indian River County Utilities (IRCU) awarded All Webbs Enterprises, Inc. (AWE) construction of wells S-7 and S -4R, including deepening the borehole of wells' S-2, S-3, S-5 and S-6 on July 16, 2016, and June 13, 2018. The work was originally intended to be completed within 445 days on February 14, 2019. To date, it appears AWE may be completed more than a year and a half over the originally approved schedule, orl approximately 600 days. It should be noted that this project has been on-going for more than 4 years. Consultant has expended additional time overseeing drilling and construction activities, resulting in additional effort beyond the work order #3. As result, the following scope consists of additional oversight during drilling, and coordination to the existing work order with IRCU. I SCOPE OF WORK Consultant will provide construction phase services including hydrogeological ser performance testing of each well, and preparation of a supporting well completion report for wells #S-2, S-3, S-5, and S-6 Floridan Aquifer wells. Consultant will utii subconsultant services of JLA Geosciences, Inc. for the Hydrogeologic Consulting Services (JLA). Consultant will provide additional hydrogeological support and observation services during Upper Floridan Aquifer well deepening, including pilot hole drilling and reaming, geophysical logging, completion interval drilling and associated testing, preliminary well development, acid treatment, pump development and testing, p st rehabilitation development testing and specific capacity testing; and witness post - rehabilitation videos. Consultant will provide an additional 80 hours of additional on- site hydrogeological services (JLA) for well deepening. I Consultant will coordinate additional water quality testing, which includes additi water quality data for membrane projections. Consultant will provide additional wellsite review pre- and post- deepening and rehabilitation since contractor must remove the existing wellhead equipment to allow an alternate deepening rig on -s Consultant will attend meetings and make onsite site visits for each of the four (4) existing wells to be deepened; provide coordination during construction, reviews of individual well geophysical and video logging, review contractor's submittals inch acid treatment plan, onsite hydrogeologic observation during critical elements of deepening, well logging. Consultant will attend additional pump startups, and well site visits to inspect i ork completed to date. It is anticipated that the additional construction phase that will be added will bel up to 560 calendar days beyond the approved schedule submitted by AWE. Consultant will attend additional onsite progress meetings to discuss progress, construction related issues, and provide coordination where needed. SCHFDULF. In general, the schedule will coincide with the Contractor's (AWE) additional needed to complete the project and is assumed to be 365 additional days. FEESCHEDULE We will provide these services in accordance with the Continuing Consulting Engineering Services Contract Agreement for Professional Services with Kimley. and Associates dated April 17th, 2018. The Consultant will provide professional services on a lump sum fee basis of ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, be required depending on circumstances that may arise during the execution of project. Additional services include, but may not be limited to the following: • Mechanical Design of pumps or wellheads • Preparation of wellfield operating plans • Permitting support other than FDEP certification of completion ITEMS FURNISHED BY OWNER The following items will be furnished by the Owner and are necessary for com the tasks described herein. • None Horn t may 74 of � � co w w b fu_ ? L & co ./ c ' 2 w ƒ a � § / C CD CN m q H @ b \k cl \ / w CN W W--- ; 2 2 m ? w @ / a z R / � 0 U- — — — — . q g \ 00\ C50 2 q . : / m _ 0\ 0\ t F- M \ . U 77 f � � � $ / $ W 8 o k 0 � < \ t 2 7 7 < @ O g ® \ 23 U2 < q f �p \ �q �. E d k � E $ d b / ? � � INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Baskins, Staff Assistant IV Department of Emergency Services DATE: September 10, 2020 SUBJECT: Approval of Renewal for a Class "A" Certificate of Public Convenienc and Necessity for Indian River County Department of Emergency Services. It is respectfully requested that the information contained herein be given formal the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: by On September 11, 2018, the Indian River County Board of County Commissioners approv6d a renewal of the Class "A" Certificate of Public Convenience and Necessity for the Indian River County Department of Emergency Services to provide BLS/ALS Emergency Medical Services originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate, was approved 4nd renewed for a period of two (2) years and will expire October 15, 2020, and the renewal process should be accomplished prior to that date. i The Indian River County Code provides for routine renewal of the Certificate of Public Conveniefice and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Bolyd is requested to renew the certificate. An application for the renewal of the Class "A" certificate has been submitted by Indian Ril County Department of Emergency Services. Staff has reviewed the application and no reasons ; known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. ,16 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal Class "A" Certificate of Public Convenience and Necessity for the Indian River County Depai of Emergency Services, to be effective for a period of two (2) years from October 15, 2C October 15, 2022.. ATTACHMENTS: 1. Renewal Application from Indian River County Department of Emergency 2. Two (2) Certificates of Public Convenience and Necessity for. Indian River Department of Emergency Services the , to iMF,y, INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES o m o Z.. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) Indian River County Department of Emergency Services DATE: 09/� 0/2020 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCU ❑ This is a new application; fee is attached. ® This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification chan I. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ ❑BLS [Z]ALS Governmental entities that use advanced life support vehicles to conduct a hospital EMS ALS/BLS service. Class B ❑ LIBLS []ALS Agencies that provide non -emergency ambulance inter -facility medical trans at the ALS/BLS level. Class C ❑ []BLS ❑ALS Agencies that provide non -emergency ambulance inter -facility medical trans which require special clinical capabilities and require a physician's order. Class D ❑ ❑BLS []ALS Agencies that provide non -emergency ambulance medical transports limited out of county transfers. Class E ❑ O—wheelchair 1:1 Wheelchair/Stretcher IIAmbulatoryTransr Agencies that provide wheelchair transportation service only where said sery are paid for in part or in whole either directly or indirectly with government fun Class E1 ❑ IIWheelchair n Wheelchair/Stretcher IIAmbulatory Transport Agencies that provide wheelchair vehicle service where said services are not for in part or in whole either directly or indirectly with government funds. U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc I%$ II. COMPANY DETAILS 1. NAME OF AGENCY: Indian River County Department of Emergency Services 4225 43rd Ave MAILING ADDRESS: CITYVero Beach COUNTYIndian River I ZIP CODE: 32967 BUSINESS PHONE: (772) 226-3900 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): County Government 3. MANAGER'S NAME: Tad Stone, Director of Emergency Servi des 4225 43rd Ave. Vero Beach, FL 32967 ADDRESS: 772 226-3859 PHONE #: 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a' separate sheet if necessary): NAME ADDRESS POSITION Susan Adams 1801 27th St. Vero Beach, FL 32960 Chairman Joseph E. Flescher 1801 27th St. Vero Beach, FL 32960 Vice Chairman Tim Zorc 1801 27th St. Vero Beach, FL 32960 Commissioner 5, PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # N/A N/A N/A I 79 6. FUNDING SOURCE: Tax Generated Revenue / User Fee 7. RATE SCHEDULE ATTACHED? YES NO O 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STA See Attached List III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: Harris 800 MHz Trunk Radio Svstem 1. RADIO FREQUENCY (ies) Harris 800 MHz Trunk Radio System 2. RADIO CALL NUMBER(s) Rescue 1.thru Rescue 14 1 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION Central Dispatch Sebastian River Medical Center All Law Enforcement Cleveland Clinic Indian River MemoriLl Fire Apparatus Lawnwood Regional Medical 1C Municipal, County and Constituency Agencies Vero ER I Hospital 0 nter IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: ZENEWAL APPLICANTS FOR CLASSES A -D NEED ONLY #'s 4 - 9'� RENEWAL APPLICANTS FOR CLASSES E AND E-1 NEED ONLY #'s 6 — ❑ 1. Factual Statement indicating the public need and services, including stud es supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. I F-12. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. F-13. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling !I complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 F-14. Copy of Standard Operating Procedures. ❑ 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) ❑✓ 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramed d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. V9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Cha 81 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or E1 APPLICANTS' I, , the representative Applicant Name , do hereby attest that Business Name of Service i above named service meets all the requirements of, and that I agree to com with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS I, Tad Stone , the representative of Applicant Name Indian River County Fire Rescue _,do hereby attest Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chal 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effectil period of the Certificate of Public Convenience and Necessity will subj this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. lat APPLICANT SIGNATURE DATE Before me personally appeared the said who that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this day, 201_. My commission expires: NOTARY PUBLIC Vjq VE Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: September 16, 2020 Subject: Miscellaneous Budget Amendment 010 Description and Conditions 1. Additional monies have been awarded to Rental Assistance from the US Department of Housing and Urban Development for the Section 8 Housing Choice Voucher Program. Exhibit "A" appropriates the funding of $242,110. 2. Several Hurricane Dorian expenses were paid in the current fiscal year. These expenses were budgeted in FY 18/19 and need to be "rolled over" to the current year. A FEMA Project Worksheet is in process for reimbursement. Exhibit "A" appropriates funding of $12,896 from General Fund/Cash Forward -Oct 1St. 3. Estimated Hurricane Isaias sheltering & EOC expenses in the amount of $91,825 have incurred. A FEMA Project Worksheet will be completed for reimbursement. Exhibit "A" appropriates $90,000 from General Fund/Cash Forward -Oct 1 St and $1,825 from Emerc Services District/Cash Forward -Oct 11t 4. On June 9, 2020, the Board of County Commissioners approved the Emergency Manan Performance Grant Program — COVID-19 Supplemental Agreement for $13,507. On At 18, 2020, the Board of County Commissioners approved the Coronavirus Relief Fund with Florida Housing Finance Corporation for $572,301. Rental Assistance Housing als received $132,616 for HUD CARES Act-Covid-19 Administration Expenses. Exhibit "A" appropriates the funding and expenses associated with these grants. 5. On April 7, 2020, the Board of County Commissioners approved the annual HUD Grant Renewals of Continuum of Care Programs. Estimated amounts budgeted for the current year were lower than the actual amounts needed. Exhibit "A" appropriates the additional revenue and expenses needed for the current fiscal year. 6. The Moorings Streetlights/Electric account was under budgeted and will be funded from Mooring Streetlights/Cash Forward -Oct 1 St for $3,000. Exhibit "A" appropriates the fundir ust fiscal Member of the Board of County Commissioners September 16, 2020 Page 2 of 2 7. Due to several retirements in the Planning Department, additional monies are needed lin the salary & benefit accounts. Exhibit "A" appropriates funding of $34,000 from MSTU Fund/ Reserve for Contingency. I Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2019-2020 budget. RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2019-2020 BUDGET. WHEREAS, certain appropriation and expenditure amendments adopted Fiscal Year 2019-2020 Budget are to be made by resolution pur section 129.06(2), Florida Statutes; and to the ;uant to WHEREAS, the Board of County Commissioners of Indian River I County desires to amend the fiscal year 2019-2020 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2019-2020 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Peter D.O'Bryan Commissioner Tim Zorc Commissioner Bob Solari Commissioner The Chairman thereupon declared this Resolution duly passed and ad day of )2020. Attest: Jeffrey R. Smith Clerk of Court and Comptroller this INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By Deputy Clerk Susan Adams, Chairman M APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY A Resolution No. 2020 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendmei Entry Number Type Fund/ Department/Account Name Account Number Increase Decrease Section 8/HUD Low Income Housing Assistance 108033-331670 $191,957 I $0 Revenue Section 8/HUD/Admin Fee 108033-331671 $39,058 I $0 Section 8/HUD/Port Inn Reimbursements 108034-349016 $11,095 $0 1. Section 8/Rental Assistance/Rental Assistance Payments 10822264-036730 $191,957 I $0 Expense Section 8/Rental Assistance/Port In Payments 10822264-036731 $11,095 $0 Section 8/Rental AssistanceNASH -Rental Assistance 10822264-036734 $39,058 I $0 Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $12,896 I $0 2 General Fund/Emergency Management/Other Contractual 00120825-033490-19028 $12,165 I $0 Expense Services -Hurricane Dorian General Fund/Emergency Management/Maint-Office 00120825-034630-19028 $731 $0 Equipment /Hurricane Dorian General Fund/Cash Forward -Oct 1st 001039-389040 $90,000 $0 Revenue Emergency Services District/Cash Forward -Oct 1st. 114039-389040 $1,825 $0 3. General Fund/Emergency Management/Other Contractual 00120825-033490-20042 $90,000 $0 Expense Services/Hurricane Isaias Emergency Services District/Fire Rescue/Other Operating 11412022-035290-20042 $1,825 $0 Supplies/Hurricane Isaias General Fund/EMPG Grant- COVID 19 001033-331231-20701 $13,507 $0 Revenue SHIP/Coronavirus Relief Fund (CRF) Act Grant 131033-331500-20701 $572,301 $0 Section 8/HUD CARES ACT-COVID 19- Admin 108033-331600-20713 $132,616 $0 General Fund/Emergency Management/Other Operating Supplies - COVID-19 00120825-035290-20701 $13,507 I $0 4. SHIP/CRF/Other Professional Services 13122869-033190 $57,230 $0 Expense SHIP CRF/Mortgage Payment Assistance 13122869-088081 $215,071 I $0 SHIP CRF/Rental Payment Assistance 13122869-088082 $300,000 $0 Section 8/Rental Assistance/Inter-Dept. Charges 10822264-036990-20713 $132,616 I 1 $0 Fed Grants/HUD New Chronic #FL01191-41-1091912 136033-331601-20806 $100,000 I $0 Revenue Fed Grants/HUD New Horizon 2 #FL0440L4H091908 136033-331601-20811 $30,000 I $0 5. Fed Grants/HUD New Chronic #FL01191-41-1091912 13616364-036730-20806 $100,000 I $0 Expense Fed Grants/HUD New Horizon 2 #FL0440L4H091908 13616364-036730-20811 $30,000 I $0 Revenue Moorings Streetlights/Cash Forward -Oct 1st 195039-389040 $3,000 I $0 6. Expense Moorings Streetlights/Electric Services 19528041-034310 $3,000 $0 86 Resolution No. 2020 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment: 1 010 Entry Number Type Fund/ Department/Account Name Account Number Increase I Decrease 7. Expense MSTU Fund/County Planning/Regular Salaries 00420515-011120 $25,000 $0 MSTU Fund /County Planning/Social Security 00420515-012110 $2,000 I $0 MSTU Fund /County Planning/Retirement 00420515-012120 $6,500 I $0 MSTU Fund /County Planning/Medicare 00420515-012170 $500 I $0 MSTU Fund/Reserve for Contingency 00419981-099910 $0 $34,000 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: September 15, 2020 SUBJECT: Revision to Administrative Policy Manual — Approval of New Policy AM -903. Cellular Device and Stipend BACKGROUND: Indian River County has established administrative policies outlining various policies, practices and procedures applicable to County employees. Human Resources, in consultation I with Department Directors, has developed a Cellular Device and Stipend policy to be included in i the Administration Policy Manual. FUNDING: County provided cellular devices and cellular stipends are funded in the J departmental/division budgets. RECOMMENDATION: Staff recommends the Board approve the addition of AM -903.2 Cellular Device and Stipend Policy to the Administrative Policy Manual. ATTACHMENTS: AM -903.2 Cellular Device and Stipend Policy IOUs 1. Overview The use of cellular devices is sometimes necessary to conduct County business when of communication are not available. The County's policy is to either provide a County- i, device or pay a cellular device stipend to employees whose job requires them to hav cellular device. 2. Purpose ;r means of ied cellular access to a The purpose of this policy is to set forth criteria and guidelines for establishing eligibility for the issuance and use of County -issued cellular devices or the payment of a stipend for I he use of a personal cellular device for County business. 3. Scope of Applicability This policy applies to all County employees who are issued a County -issued device and all non-union County employees who receive a cellular stipend. Where provisions of this policy conflict with a collective bargaining agreement or employment agreement, the terms of the collective bargaining agreement or employment agreement shall prevail. 4. Definitions A. Cellular Devices are mobile cellular phones, smartphones, and tablets using wireless radio transmissions to communicate to and from telephones and wireless devices. B. Cellular Device Stipend is a fixed monthly payment to employees to help defray the cost of using a non -County issued personal cellular device to conduct County business. 5. Standards and Procedures 5.1 General The use of the County's telephone landline and assigned computers are the primar 1 modes of communicating and conducting County business telephonically or electronically. Time spent on personal cellular calls during work time, as with landline calls, is subject to restrictions �ut in place by the appropriate department. 5.2 Eligibility A. Approval for a stipend or County -issued cellular, device must be justified based on a significant operational need. Simple convenience is not a basis for approval. B. To be eligible for a County -issued cellular device or stipend, the following criteria should be considered: 1. The employee's job function requires the user to be accessible outside of scheduled or normal business hours; 2. The employee's job function requires the user to be in the field or awJ51 from their assigned office or work area regularly and the use of a cellular device is essential in carrying out the essential duties of the job; 3. The employee's job function requires regular voice and/or email contact with their office, outside vendors and/or customers while away from their normal work place; 4. The employee is responsible for critical infrastructure and needs to be immediately accessible at all times. C. The Department Director shall determine whether an employee is eligible for a County -issued cellular device" or a cellular device stipend based upon the employee's job function or duties. The Department Director shall recommend either the issuance of a County -issued cellular device or stipend based upon the specific needs and circumstances for each eligible employee. D. After approval by the Director and Office of Management & Budget, the request for stipend or cellular device will be forwarded to the County Administrator for final approval. Approval must be received in advance of the receipt of the stipend or cellular device. E. Each Department Director or designee will periodically, but no less than annually, review the functions of each position that has been assigned a cellular device or stipend to ensure that the cellular service is still required for County business. 1 6. Cellular Device Stipends The Cellular Device Stipend is designed to provide a taxable allowance to reimburse el the business use of the cellular device. The stipend will not fund the cost or replacement c and is not intended to pay for the entire monthly bill since the cellular device will also for personal use. The Cellular Device Stipend applies to non-union employees only. A Cellular Device bargaining unit employees shall be determined through the collective bargaining process. 6.1 Responsibilities A. Department Directors will be responsible for: 1. ensuring that employees using County -issued cellular devices do not als stipend; 2. periodically reviewing stipends to determine if stipends should be discontinued; and 3. promptly discontinuing a stipend that does not meet eligibility. :)yeesfor .e device, available for receive a added or B. Eligible employees who receive a stipend will be responsible for: 1. all costs related to the purchase and usage of the cellular device. These costs include, but are not limited to; all costs of cellular and -or data service, the purchase of all devices and accessories, batteries, cases, hands free devices, taxes, insurance, 3rd party software, overages, termination charges, and future phone replacement. The County reserves the right to specify certain minimum capabilities of smart phone equipment to receive smart phone (data) stipend. 2. being accessible by cellular device for business use at all times as required by the employee's job functions; 3. maintaining an active cellular device account and providing the number, if applicable, to their supervisor; 4. notifying their supervisor within two (2) working days of inactivation of cellular device service, change in phone number, or cellular device failure; 5. maintaining cellular device in proper working order. 6. complying with County policies and standards of behavior when utilizing a personal cell phone to conduct County business. 7. complying with standards of behavior in all work related communications C. The employee must agree in writing (see Exhibit A attached) to comply, and remain in continuous compliance with the provisions of this policy. 6.2 Payment of a Stipend The monthly stipend will not be included in the calculation of an overtime rate. The monthly stipend will continue until the employee is no longer qualified or employment with the County is terminated. Stipend payments will be immediately terminated if the employee's qualified cellular service is inactivated or discontinued. The stipend amounts will be reviewed periodically and adjusted if deemed necessary and approved by the County Administrator. Receipt of a stipend pursuant to this policy does not constitute approval for overtime or in any way effect an employee's assigned hours of work. These matters are governed by other County policies and agreements. 6.3 Stipend Amounts The Stipend Amounts (to be paid bi-weekly) are as follows: Voice only (no data) stipend: $30/month Voice and data (Smart phone) stipend: $50/ month 91 7. County Issued Cellular Devices County issued cellular devices will be limited to job positions as recommended by the Department Director and approved by the Office of Management & Budget and County Administrator. 7.1 Responsibilities A. Department Directors or designee will be responsible for: 1. ensuring that employees using County -issued cellular devices do not also receive a stipend; 2. periodically evaluating the current list of employees with County -issued cellular devices to determine if any devices should be added or discontinued; 3. periodically evaluating the cost of service for County -issued cellular device within the department; 4. promptly discontinuing service for County -issued cellular devices that do not meet eligibility; and 5. conducting a monthly review of cellular device bills to ensure policy compliance. B. Eligible Employees will be responsible for: 1. being accessible by cellular device for business use at all times as required by the employee's job functions; 2. exercising appropriate precautions to prevent theft, loss or damage to the equipment. 3. in the event of lost or stolen equipment, immediately notifying the service provider, their Department Director, and the police, in cases of theft. 4. utilizing the County issued cellular device in a manner that is consistent with County policies and standards of behavior. C. The employee must agree in writing (see Exhibit B attached) to comply, and remain in continuous compliance with the provisions of this policy. 8. Public Records and Compliance Records containing County issued or personal cellular device numbers are public records (unless otherwise exempt or confidential pursuant to Florida Law). When associated with work, the use of text messaging is typically for the purpose of non -substantive transitory communications. These messages have short-term value based upon the content and purpose of the message. Examples of transitory messages include, but are not limited to, reminders to employees about scheduled meetings or appointments; and announcements of office events such as holiday parties or group lunches. Transitory messages are not intended to formalize or perpetuate knowledge and do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. Transitory communications are to be retained until obsolete, superseded, or administrative value is lost. 92 Work related text messages that are substantive in nature must be retained per the applicable Florida retention schedule requirements. Questions related to whether a text message is substantive or non - substantive should be directed to the County Attorney 8.1 Archiving of Work Related Text Messages In order to comply with public records retention requirements to archive and retain text messages, the County has established systems that employees will utilize when communicating by text. Employees who receive a cellular stipend and use a personal device for work related messaging, are required to install the County specified application on their device and use only that application to send/receive work related text messages so that they are properly archived. Work related text messages may only be sent and received using this application. Employees who have a County issued cellular device will have the text message archiving service added to the County issued cellular device to comply with public records retention requirements. Any questions related to the archiving of text messages should be directed to Information Systems. Employees receiving a stipend and using a personal cellular device, may continue to use their traditional text messaging application for personal text messages and those messages will not be archived. 8.2 Public Records Requests In the event that a public records request is made to produce cellular device information relating to County business, the County will provide the applicable records that have been archived from either a County issued cellular device or personal cellular device used for County business. If records exist through a personal cellular device which have not been archived by the County, it shall be the employee's responsibility to produce any responsive records. 9. Discipline All employees must comply with this policy. Employees found in violation of this policy are subject to disciplinary action up to and including termination. Approved: Jason Brown County Administrator 93 EXHIBIT A INDIAN RIVER COUNTY NON-UNION EMPLOYEE CELLULAR DEVICE STIPEND AUTHORIZATION FORM Employee Name: Department: Job Title: Stipend Effective Date: Division: ❑ NEW ❑ CHANGE ❑ DISCONTINUED JUSTIFICATION (Check all that apply): �g1VE/p e �t FLOR1 ❑ The employee's job function requires the user to be accessible outside of scheduled or normal business hours. ❑ The employee's job function requires the user to be in the field or away from their assigned office or work area regularly and the use of a cellular device is essential in carrying out the essential duties of the job. ❑ The employee's job function requires regular voice and/or email contact with their office, outside vendors and/or customers while away from their normal work place. ❑ The employee is responsible for critical infrastructure and need to be immediately accessible at all times. Stipend: (check one) ❑ Voice Only ❑ Voice and data $30/month $50/month EMPLOYEE ACKNOWLEDGEMENT: I acknowledge that I have read and understand the County Cellular Device and Stipend Policy and the expectation that the use of the cellular device will be in compliance with County policies and standards of behavior. Employee Signature Date I certify that this device is needed for the employee to perform the essential duties of their job. Department Head Signature Approved: Director, Office of Management & Budget County Administrator Date Date Date 94 EXHIBIT B INDIAN RIVER COUNTY COUNTY -ISSUED CELLULAR DEVICE AUTHORIZATION FORM Employee Name: Job Title: Stipend Effective Date: Department: Division: ❑ NEW ❑ CHANGE ❑ DISCONTINUED JUSTIFICATION (Check all that apply): ��tIVE/p zw ❑ The employee's job function requires the user to be accessible outside of scheduled or normal business hours. ❑ The employee's job function requires the user to be in the field or away from their assigned office or work area regularly and the use of a cellular device is essential in carrying out the essential duties of the job. ❑ The employee's job function requires regular voice and/or email contact with their office, outside vendors and/or customers while away from their normal work place. ❑ The employee is responsible for critical infrastructure and need to be immediately accessible at all times. Device type: (check one) ❑ Voice Only ❑ Voice and data ❑ Other (tablet) EMPLOYEE ACKNOWLEDGEMENT: I acknowledge that I have read and understand the County Cellular Device and Stipend Policy and the expectation that the use of the cellular device will be in compliance with County policies and standards of behavior. Employee Signature Date I certify that this device is needed for the employee to perform the essential duties of their job. Department Head Signature Approved: Director, Office of Management & Budget County Administrator Date Date Date 95 lL_iU*T ►v 11 TO: Board of County Commissioners THROUGH: Robin Miller, Housing Program Manager FROM: William K. DeBraal, Deputy County Attorney DATE: September 17, 2020 SUBJECT: Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, (HCV) formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution the utility rates on an annual basis. The Housing Choice Voucher Program is a federally funded program administered by the County Housing and Rental Assistance Department (Rental Assistance). The HCV Program is designed to benefit all participants. Private providers that own multi or single family homes apply to Rental Assistance for participation. The units are inspected and approved for the HCV Program. Upon approval, private owners qualify for tax incentives that make participation in the Program profitable. The County owns no HCV Program housing. The County benefits from the Voucher Program by receiving a $70.00 processing fee from the Department of Housing and Urban Development (HUD). The County's Comprehensive Plan objective of providing housing to low and very low income citizens is met by Voucher Program participation. The Board must approve the rates for water, sewer, gas, electric, and propane in our area on an annual basis. This year, Rental Assistance retained The Nelrod Company to conduct a local rate study for these utilities. Staff reviewed and approved the Nelrod rate study report and has included the results on a spread sheet attached to the resolution. Those rates must be approved by the County as it is a participant in the HCV Program. The resolution approving annual utility rates for Fiscal Year 2021, effective October 1, 2020, is attached for the Board's consideration. 96 Funding: There is no funding associated with this resolution. Recommendation. Staff recommends the Board approve the utility rate resolution for Fiscal Year 2021 and authorize the Chairman to execute the resolution on behalf of the Board. Copies to: Phil Matson, Community Development Director Robin Miller, Housing Program Manager 97 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING REVISIONS TO THE HOUSING CHOICE VOUCHER PROGRAM UTILITY ALLOWANCE SCHEDULE WHEREAS, The Department of Urban Development (HUD) requires annual review of utility costs to ensure that utility allowances given to Housing Choice Voucher Section 8 Program participants are reasonable and within regulatory compliance; and WHEREAS, in order to assure fair utility allowances, the Rental Assistance Program retained The Nelrod Company to survey and study rates for all types of utilities, electric, gas, water, sewer, propane, etc., using methodology analyzing consumption and utility rates by each housing type and by each bedroom size which resulted in a written report; and WHEREAS, the Indian River County Board of County Commissioners Rental Assistance Program staff analyzed the written report and established its Utility Allowance Schedule, with revisions effective October 1, 2020, and is in compliance with HUD regulations; and WHEREAS, changes in the Utility Allowance Schedule effective October 1, 2020 for fiscal year 2021 are attached as Exhibit A; and WHEREAS, the use of the Utility Allowance Schedule keeps the Indian River County Housing Choice Voucher Program compliant with HUD regulations and in line with current market conditions; and NOW, THEREFORE BE IT RESOLVED that the Indian River County Board of County Commissioners accept and approve the complete utility allowance schedule as attached hereto, effective October 1, 2020 and used by staff to determine individual utility rate allowances in accordance with the Housing Choice Voucher Program. The foregoing Resolution was offered by Commissioner and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Fletcher Commissioner Bob Solari Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 22nd day of September, 2020. Attest: Jeffrey R. Smith, Clerk -of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By Deputy Clerk m Susan Adams, Chairman 98 Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 99 Utility Allowance Schedule U.S. Department of Housing and Urban Development OMB Approval Office of Public and Indian Housing No. 2SS77-0169 See Public Reporting and Instructions on back exp.7/31/2022 The following allowances are used to determine the total cost of tenant-fumished utilities and appliances. Date (mm/dd/yyyy): Locality. Indian River County Board of Commissioners, FL Unit Type: Multi -Family (Apartment/Row House/Townhouse/Semi-Detached/Duplex) Utility. or Service: 0 BR 1 BR I 2 BR 1 3 BR 4 BR I 5 BR Monthly Dollar Allowances Heating a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $22.00 $25.00 $25.00 $28.00 $28.00 $28.00 c. Electric $4.00 $5.00 $5.00 $5.00 $6.00 $6.00 d. Electric Heat Pump $3.00 $4.00 $5.00 $5.00 $6.00 $6.00 e. Oil Cooking a. Natural Gas N/A N/A N/A N/A N/Al N/A b. Bottle Gas/Propane $6.001 $8.00 $11.00 $14.001 $20.00 $25.00 c. Electric $3.001 $4.001 $5.001 $7.001 $9.001 $11.00 Other Electric & Cooling Other Electric (Lights & Appliances) 1 $12.001 $14.001 $20.00 $2601 $31.001 $37.00 Air Conditioning 1 $10.001 $12.001 $17.001 $22.001 $26.001 $31.00 Water Heating a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $14.00 $14.00 $25.00 $31.00 $39.00 $45.00 c. Electric $7.00 $8.00 $11.00 $13.00 $15.00 $17.00 d. Oil Water, Sewer, Trash Collection Water (avg) $18.00 $19.00 $22.00 $26.00 $32.00 $38.00 Sewer (avg) $28.00 $30.00 $35.00 $40.00 $44.00 $49.00 Trash Collection (avg) $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 Tenant -supplied Appliances Range-/ Microwave Tenant -supplied 1 $11.001 $11.001 $11.001 $11.00 $11.00 $11.00 Refrigerator Tenant -supplied $12.001 $12.001 $12.001 $12.00 $12MI $12.00 Other --specify: Monthly Charges Electric Charge $9.38 $9.00 $9.00 $9.001 $9.00 $9.001 $9.00 Actual Family Allowances To be used by the family to compute allowance. Complete rented. below for the actual unit Utility or Service per month cost Heating $ Cooking $ Name of Family Other Electric $ Air Conditioning $ Water Heating $ Address of Unit Water $ Sewer $ Trash Collection $ Range / Microwave $ Refrigerator $ Other $ Number of Bedrooms Other $ Tota adapted from form HUD -52667 (7/2019) 100 Utility Allowance Schedule U.S. Department of Housing and Urban Development OMB Approval Office of Public and Indian Housing No. 25577-0169 See Public Reporting and Instructions on back exp.7/312022 The following allowances are used to determine the total cost of tenant-furished utilities and appliances. Date (mm/dd/yyyy): Locality: Indian River County Board of Commissioners, FL Unit Type: Single -Family (Detached House) Utility or Service: 0 BR 1 BR 1 2 BR 1 3 BR I 4 BR 5 BR Monthly Dollar Allowances Heating a. Natural Gas N/A N/A N/A N/A N/A N/A b.. Bottle Gas/Propane $31.00 $34.00 $36.00 $36.00 $39.00 $39.00 c. Electric $6.00 $7.00 $8.00 $8.00 $9.00 $9.00 d. Electric Heat Pump $5.00 $5.00 $6.00 $7.00 $8.00 $9.00 e. Oil Cooking a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $6.00 1 $8.00 $11.00 $14.00 $20.00 $25.00 c Electric $3.00 $4.00 $5.00 $7.00 $9.00 $11.00 Other Electric & Cooling Other Electric (Lights & Appliances) $18.00 $21.001 $29.001 $38.001 $46.001 $54.00 Air Conditioning 1 $8.001 $9.001 $21.001 $33.001 $45.001 $57.00 Water Heating a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $20.00 $22.00 $31.00 $39.00 $48.00 $59.00 c Electric $9.00 $10.00 $13.00 $16.00 $19.00 $22.00 d. Oil Water, Sewer, Trash Collection Water (avg) 1 $18.001 $19.00 $22.00 $26.001 $32.00 $38.00 Sewer (avg) 1 $28.001 $30.001 $35.001 $40.00 $44.00 $49.00 Trash Collection (avg) 1 $12.001 $12.001 $12.001 $12.001 $12.00 $12.00 Tenant -supplied Appliances Range/ Microwave Tenant -supplied $11.001 $11.001 $11.001 $11.00 $11.00 $11.00 Refrigerator Tenant -supplied $12.001 $12.001 $12.001 $12.001 $12.00 $12.00 Other --specify: Monthly Charges Electric Charge $9.38 $9.001 $9.00 $9.00 $9.00 $9.001 $9.00 Actual Family Allowances To be used by the family to compute allowance. Complete below /or the actuol unit rented. Utility or Service per month cost Heating $ Cooking $ Name of Family Other Electric $ Air Conditioning $ Water Heating $ Address of Unit Water $ Sewer $ Trash Collection $ Range/ Microwave $ Refrigerator $ Other $ Number of Bedrooms 10ther $ Total weaka co,„Iancc adapted from form HUD -52667 :uzo The Nelrod Company 7/2020 Update (712019) 101 EON MEMORANDUM TO: . Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: September 17, 2020 SUBJECT: Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution a report of Fair Market Rental Rates on an annual basis. The Housing Choice Voucher Program (HCV) is a federally funded program administered by the County's Rental Assistance Program. While federal regulations govern the program, local demographics can influence the program's administration. Indian River County's elderly/retiree population averages 41 % compared with a nationwide average of 27% of a community's population. Because our County has a. larger than average elderly, low income population, federal guidelines allow the Rental Assistance Program to cater to the community need of supplying housing assistance to low income elderly residents. It should be pointed out that the Voucher Program also assists veterans and other low income qualifiers. The Housing Choice Voucher Program is designed to benefit all participants. Private providers that own multi or single family homes apply to County Rental Assistance for participation. The units are inspected and approved for the Voucher program. Upon approval, private owners qualify for tax incentives that make participation in the program profitable. It should be pointed out that the County owns no Voucher program housing. 102 The low income participant also benefits from the program by obtaining safe, clean housing at an affordable price in a dignified manner. An interested low income, full time resident must apply to the County Rental Assistance Program. If the resident qualifies, they are given a list of available units to visit. The owners of the units have agreed to accept the Fair Market Rental rates as determined by United States Department of Housing and Urban Development (HUD) in exchange for the tax breaks and the payment of rents directly from the County. Upon selection of a unit, the qualified applicant meets again with Rental Assistance staff in order to determine their portion of the rent that will be paid directly to the landlord and whether they qualify for financial assistance with utilities. After working out the financial details, the tenant signs a lease with the landlord, the County Rental Assistance processes the necessary paperwork with the state and federal agencies and the landlord receives a monthly rental check directly from the County with the remainder paid by the tenant. The County benefits from the Voucher Program by having the County's Comprehensive Plan objective of providing housing to low and very low income citizens met by participating in the Voucher Program. Additionally, a processing fee is received from the Department of Housing and Urban Development. The annual rental rates for our area are 90% to 110% of the current fair market rents that were approved by HUD. Those rates must be approved by the County as it is acting as a participant in the Voucher Program. The resolution approving annual rental rates for Fiscal Year 2021 is attached for the Board's consideration. Funding: There is no funding associated with this resolution. Recommendation. Staff recommends the Board approve the resolution setting the Fair Market Rental Rates for Fiscal Year 2021 and authorize the Chairman to execute the resolution on behalf of the Board. Copies to: Phil Matson, Community Development Director Robin Miller, Rental Housing Program Manager 103 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR BEGINNING FISCAL YEAR 2021 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered an HCV Program Housing Agency by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Voucher (HCV) program County -wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) in the Federal Register to be used by Program Housing Agencies such as Indian River County; and WHEREAS, Department regulations mandate all HCV Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110%) of the Fair Market Rent established by the Department and for a reasonable accommodation Payment Standard for each bedroom size can go up to 120%, per HUD guidelines; and WHEREAS, the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%) of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Section 8 Program Payment Standards, effective October 1, 2020, and these standards are set between ninety percent (90%) and one hundred ten percent (110%) of FMR, and WHEREAS, HUD regulations require annual adoption and approval of Payment Standard Amounts. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%) and for all bedroom sizes up to 120% based on a reasonable accommodation of Fair Market Rent not to exceed 40% Total Tenant Payment for beginning Fiscal Year 2021 as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $768 . $969 $1,059 $1,301 $1,507 104 The foregoing Resolution was offered by Commissioner and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari . The Chairman thereupon declared the Resolution duly passed and adopted this 22nd day of September, 2020. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Susan Adams, Chairman 105 NZ MEMORANDUM TO: The Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: William K. DeBraal, Deputy County Attorney DATE: September 16, 2020 SUBJECT: Ratification of an Amendment to Agreement for Access and Sand Renourishment for Sector 7 Project with Lizabeth Becton -Read, as Trustee of the Lizabeth Becton Revocable Trust At its meeting of July 14, 2020, the Board approved an Agreement for Access and Sand Renourishment (Agreement) with Lizabeth Becton -Read, as Trustee of the Lizabeth Becton Revocable Trust, ("Trustee"). The Agreement provided for access to the beach via two oceanfront lots off of Reef Road for the Sector 7 Beach Renourishment Project. The Agreement contained a clause that allowed the County to cancel the Agreement by September 10, 2020, if the. County decided not to proceed with the Project. Since the Board was not scheduled to meet until after the Agreement's September 10 deadline, staff drafted an Amendment to the Agreement to extend the notification date due to the Board's meeting schedule. The Amendment to the Agreement extends the date for the County to cancel the Agreement until September 24, 2020. The County Administrator approved the Amendment on September 10, 2020 pursuant to the authority of IRC Code §105.01. Staff now asks the Board to ratify this action at the upcoming Board meeting of September 22, 2020. FUNDING. There is no impact to County funds with this Amendment to Agreement. RECOMMENDATION. Staff recommends the Board ratify the County Administrator's approval of the Amendment to Agreement for Access and Sand Renourishment pursuant to the authority of IRC Code §105.01. Attachments: Amendment to Agreement for Access and Sand Renourishment Copies to: Mark Price, Esq. Attorney for the Trusteee via mprice anralaw.com Eric Charest, Natural Resources Manager 106 AMENDMENT TO AGREEMENT FOR ACCESS AND SAND RENOURISHMENT FOR SECTOR 7 BEACH AREA THIS Amendment to Agreement For Access and Sand Renourishmeeniaand related activities for Sector 7 Beach Area, (Amendment) entered into this �dy Of September, 2020, by and between INDIAN RIVER COUNTY a political subdivision of the State of Florida, (" coucity ), whose address is 1801 27th Street, Vero Beach; Ft_ 32960. and Lizabetii Becton -Read, as Trustee of the Lizabeth Becton Revocable Trust, ("Trustee") whose address is 76 13th Avenue South, Naples, FL, 34102 WITNESSETH: WHEREAS, the Parties entered into an Agreement for Access and Sad Renourishment on July 14, 2020: and Q WHEREAS, the Parties seek to amend the Agreement to extend the notification date due to the Board's meeting schedule; and NOW THEREFORE, in consideration of the mutual covenants contained in this Amendment, the County and Trustee agree as follows: The above recitations are true and correct_ 2. Paragraph 4 of the Agreement is hereby amended to give the County until September 24, 2020 to cancel this Agreement. 3. The rest of the Agreement remains unchanged. IN WITNESS VMEREOF, this Amendment is executed by the duly authorized representatives of the parties below. Attest: Lizabeth Becton Revocable Trust y: ""='Lizabeth Be ton Read, Trustee. Attest: r= . Wintedname?__! —i 0 f (��X�. (/ 107 INDIAN RIVER COUNTY, FLORIDA BOARD OF COLIN C MISSIONERS Jason E. Vrowo County Ami strator Pursuant t ndian River Code §105.01 Approved as to Form and Legal Sufficiency: 40 William K. DeBraal Deputy County Attorney ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By. ' Deputy Clerk 108 .IN WITNESS WHEREOF, the Board has executed this Amendment to Agreement for Access and Sand Renourishment as of the date approved below. BOARD. OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA MIN Susan Adams, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 109 September 14, 2020 �eriff Deryl Loar Indian River County The Honorable Susan Adams, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman Adams: Please accept this letter as the request to place on the next Board of County Commissioner's agenda the discussion of expenditures from the Criminal and Sex Offender Registrant Fee account. I am requesting $33,890 from the account for the purchase of the following items: Renewal of annual subscription for Offender Watch — Sex Offender software $ 7,722 Renewal of annual subscription for Offender Watch — Mobile Service 551 Surveillance equipment for Offender Watch 12,795 Registrant office supplies 12,822 $33,890 Please place this item under Constitutional Officers for the September 22, 2020 board agenda. If you have any questions or require additional information, please contact Aimee Markford at 978=6159. Sincerely, (rte Deryl Loar, Sheriff DL:nmj cc: Jason Brown, County Administrator Kristin Daniels, OMB Director Aimee Markford, Chief Financial Officer 4055 4151 Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 Al MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 25, 2020 SUBJECT: Changes to Chapter 102 of the Indian River County Code of Ordinances BACKGROUND. On August 18, 2020, the Indian River County Board of County Commissioners ("Board") directed the County Attorney's Office to draft an ordinance making several revisions to section 102.01 (Board of county commissioners meetings and procedures) and section 102.04 (Order of business) of Chapter 102 (Board of County Commissioners; Meetings and Procedures) to update the ordinance code to reflect the changes that have been made to Board meeting procedures. Per that direction, the County Attorney's Office has drafted the attached proposed ordinance and provided legal notice of the public hearing on the ordinance. FUNDING. The cost of publication of the required public notice for the public hearing was $128.25. The cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214- 034910). RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Indian River County Board of County Commissioners vote to approve the draft proposed ordinance. ATTACHMENT(S). Draft Ordinance 111 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 102.01 (BOARD OF COUNTY COMMISSIONERS MEETINGS AND PROCEDURES) AND SECTION 102.04 (ORDER OF BUSINESS) OF CHAPTER 102 (BOARD OF COUNTY COMMISSIONERS; MEETINGS AND PROCEDURES) OF THE CODE OF INDIAN RIVER COUNTY, TO UPDATE THE PROCESSES FOR BOARD OF COUNTY COMMISSIONERS MEETINGS; AND PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT OF ORDINANCES; AND EFFECTIVE DATE OF THE ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. 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 Indian River County Board of County Commissioners 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 2. Amendment of Sections 102.01 (Board of County Commissioners Meetings and Procedures) and Section 102.04 (Order of Business) of Chapter 102 (Board of County Commissioners; Meetings and Procedures) of the Code of Indian River County, Florida. New language indicated by underline, and deleted language indicated by strikethrough. Chapter 102 (Board of County Commissioners; Meetings and Procedures) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 102. — BOARD OF COUNTY COMMISSIONERS; MEETINGS AND PROCEDURES Section. 102.01. — Board of county commissioners meetings and procedures. 1. Time. The county commission shall generally hold regular meetings on Tuesday beginning at 9:00 a.m. There shall be no commission meeting on the last Tuesday of each month. When the day fived for any reg !aF meeting of the nommisS. - - holiday FeGggAized by the GGURty the meetiRg shall be held at the same tome 9R 112 the—next-Tuesday not a tielidayunlers thhe—meeting isr.a„selted-etheFw;:e reenheJlcri by the nnmmieeinn 2. Place. All meetings of the commission shall.be held in the Commission Chambers, County Administration Building A, 1801 27th Street, Vero Beach, Florida, unless .otherwise decided by the commission. 3. Quorum. A majority of the commission shall constitute a quorum. 4. Agenda. All matters to be placed on the agenda for a regular meeting shall be delivered uploaded to the County's document management system, allowing for approval chain to reach to the county administrator on or before noon of the Wednesday before the commission meeting at which the matter is to be heard. The county administrator shall then compile an agenda kit arranged according to the order of business and furnish each member of the commission, and the county attorney with a kit on or before Friday noon preceding the commission meeting. An agenda kit shall be kept for inspection by the public. Electronically, the agenda shall be emailed to the public and posted on www.ircqov.com. Once the agenda kits have been distributed no additional matters shall be presented to the county commission except with the unanimous approval of the commission. 5. Special meetings. Special meetings may be held at the call of the chairman, or, in his absence, at the call of the vice chairman, or at the request of a majority of the commissioners; and, whenever practicable, shall provide for not less than twelve (12) hours' notice to each member and the public. Section 102.04. - Order of business. The order of business shall appear on the agenda as follows: 1. Call to order. 2. a. Moment of Silent Reflection For First Responders and Members of the Armed Forces b. Invocation. 3. Pledge of Allegiance. 4. Additions or deletions to the agenda/emergency items. 5. Proclamations and presentations. 6. Approval of minutes. 7. Information items from staff or commissioners not requiring board action. 8. Consent agenda. 113 9. Constitutional officers and governmental agencies. 10. Public items: a. Public hearings; b. Public discussion items (as a geneFal rime publin do6GUSSOOn items should he c. Public notice items. 11. County aAdministrator matters. 12. Departmental matters: a. Community dDevelopment; b. Emergency sServices; c. General sServices: d. Human (Resources; e. Information Technology ef. Office of 4i4lVlanagement and bBudget; #g. Public wWorks; gh. Utilities sServices. 13. County aAttorney matters. 14. Commissioners matters. 15. Special districts and boards. a. Emergency Services District; b. Solid Waste Disposal District; c. Environmental Control Board. 16. Adjournment. Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. .114 Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. 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 6th day of September, 2020, for a public hearing to be held on the 22nd day of September, 2020, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: 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 22nd day of September, 2020. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 0 ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk Susan Adams, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of September, 2020. 115 Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 2:01 PM To: Tina Cournoyer Subject: Contact Form - Face Masks CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov,com: Name Joanne Collett Email jclakehouse3l@yahoo.com Address 425 32 ave SW Vero Beach 32968 Phone 7722998291 Subject Face Masks Message Please for the benefit of our county please make wearing a mask a mandate—We need to stay healthy in order to keep our economy going!! More Info: Form Submission Time 9/14/2020 14:01:06 EDT( -0400 GMT) Visitors 1P 69.247.229.249 Unique ID 92e6e8c38f3836ac9a4ec9fd248715cf staff = Public Comment Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 1:52 PM To: Tina Cournoyer Subject: Contact Form - Masks in IRC CAUTION: This message is from an external source; Please use caution when opening attachments or'ciicking links: The following was sent from the contact form on ircgov.com: Name Susan Taylor Email sdtaylor@aol.com Address 2808 10th. Ave Vero Beach Ft 32960 Phone 703-861-2049 Subject Masks in !RG .. Message I am writing to you all to request that you approve a mask policy for all public places in IRC. It is vital for our health and safety in this time of the Covid pandemic that we protect each other. I've lived here almost ten years and appreciate all you do for the citizens and visitors. I've been out to Publix, gas station, big box stores, and drive thru restaurants and masks are not always worn. I don't feet safe. Now is the time to make masks mandatory. Please. keep us safe with requiring masks. Thank you.. More Info: Form Submission Time 9%14%2020 13:51:33 EDT( -0400 GMT) Visitors IP 69.137.1.60.82 Unique ID 00859a36af4cf446016508699ea922db staff = Public—Comment Tina Courno er From: forms@ircgov.com Sent: Monday, September 14, 2020 '1:33 PM To: Tina Cournoyer Subject: Contact Form - Meeting on mask mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTIOW This message is from an external source.Please use caution when opening attachments or clicking links. The following was sent from thecontact form on ircgov.com: More Info: Form Submission Time 9/14/2020 13:33:03 EDT( -0400 GMT) Visitors IP 76.26.160.243 Unique ID 955a0daac2013791114a652d51f788fe staff = Public Comment Tina Cournoyer From: farms@ircgovcom Sent: Monday, September l4, 2020 1:.19:.PIVI To: Tina Cournoyer Subject: Contact Form Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION; This message is from an external source. Please use caution when opening attachments or clicking.links. The. following was sent from the contact form on ircgov.com:. Name Kathleen Nelson Email Sailhighpockets@gmail.com Address 1311 4th Ave Vero Beach, F! 32960 Phone 7725949900 Subject Mask Mandate Message It is inexcusable that Indian River County has -a mask mandate for the county???s offices and property to protect'their employees, then not extend it for all the citizens of IRC. During this health crisis, politics should not.ever play a roll:... science dictates! However, what we have seen since the beginning of the pandemic are politicians stepping in with their own opinions, not acting on science or even what the majority of their citizens want and need. There are 1000 people dying.each day. Over 191,000 since March! This pandemic will never end if we are not proactive. We must have a. mask mandate to protect all our citizens. Thank you for your time, More Info Form Submission Time 9/14/2020.13:18:22 EDT( -0400 GMT) Visitors 1P 69.247.238.121 Unique ID 18ab8c7b890666a4aea4bcfa3cd7c2ac staff = Public Comment 1 Tina Cournoyer From: forms@ircgov.com Sent:_ Monday, September 14, 2020 1:11 PM To: Tina Cournoyer Subject: Contact Form - masks Follow Up Flag: Follow up Flag Status- Flagged CAtiTIC1N: This message isKfrom an external source. Please use caution when opening:attachmen&or clicking links. The following was sent from the contact form.on ircgov.com: Name SCOTT l TREATMAN Email needledoc.a@mac:com Address 415 Holly Road Phone 3152476994 .. ............... ......... M _. Subject masks Message Can you please meet your obligations to the health and welfare or our community? Support a mask mandate and help us turn the corner on this pandemic. Is there any .rationale reason not to? if you have an. opportunity to reduce morbidity and mortality without a downside, why not do what infectious disease experts recommend? More Info: Form Submission Time 9/14/2020 13:10:32 EDT( -0400 GMT) Visitors IP . 69:247:234.143 Unique ID 65bac54fede647b96a602a2e775831ca staff =Public Comment t Tina Courno er From: f.orms,@ircg.ov.com Sent: Monday, September 14, 20201:08 PM. To: Tina Cournoyer Subject: .Contact Form - Please keep masks mandatory Follow Up Flag: Follow up Flag Status: Flagged CAUTIQN: This messageis from an external. source. Please use.caution when opening attachments or clicking links: The following was sent from the contact form on ircgov.com: More Info: Form Submission Time 9114/202013:08:05 EDT( -0400 GMT) Visitors IP 73;244.79.138 Unique ID 1a26a8dec2f5e57beddba6aae2c2a744 staff = Public Comment Tina Cournoyer Frorn: forms@ircgov.com Sent: Monday, September 14, 2020 11:59 AM To: Tina Cournoyer Subject: Contact Form - My patents, Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is ftc�rti I an ext q e r .. n .. ai source, P I lease use .ca, . u I tion . :w . h 1. e n o I pening at I tachments:or clicking links. The following was sent from the contact form on ircgov.com: More Info: Form Submission Time 9/14/2020 11:58:33 EDT( -0400 GMT) Visitors IP 69.247.234:213 Unique 10 e63d6c88df5d.e79c44699dfd00940524 staff = PublicComment Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 11:45 AM To: Tina Cournoyer Subject: Contact. Form. - .I want to see my son Follow Up Flag. Follow up Flag Status: Flagged' CAUTION: This message;is from an external. source. Please use caution:whenattachments or clicking links. The following was sent from the contact form on ircgov.com: More info: Form Submission Time 9/14/2020 11:44:53 EDT( -0400 GMT) Visitors IP 69:247.234.213 Unique ID 5c4d60b4176caf1b6955831ada351782 staff = Public Comment i Tina, Co,urn,oyer From: forms@ircgov.com Sent: Monday, September 14, 2620 11:44 AM To: Tina Cournoyer .Subject:: Coritatt Form - Support for County. Mask'.Wnd ate Follow Up Flag: Follow up Flag Status: Flagged CAUTION., This message is from an external.source.Please , use caution when opening atfa6hrn:ents or ckklnjlfrfks.�,, The. following was sent from the contact form on i'rcgov.com: More 106: Form Submission Time 9/14/2020 11:44:00 EDT( -0400 GMT) Visitors IP 76.26.167.2 Unique ID 5a2904b1cded7a315ed98bbdffe87175 staff - Publicsomnient 1 1 11,5-9 Tina Courncr er _. From: forms@irc.gov:com Sent: Monday, September 14, 2020 10.:11 AM To: Tina Cournoyer Subject: Contact Form - Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged 4UT:ION: This message is from an external source Riease u.se caution when,opening attachments or cocking links: The following was.sent from the contactform on ircgov.com,. More Info: Form Submission. Time 9/1412020:1:0;10;38 .EDT( -0400 GMT) Visitors IP 99:33:31:81: Unique ID 2c4d76'l.e2deOa698ef55f3d9ee30bce9: /ls-0 Tina Cournoyer From: fo.r.ms@ircgpv..com Sent Monday, September '14, 2020 3-20: PM To: Tina Cournoyer 11 Subject: Contact Form :.Mask Mandate To Help Prevent, the spread of COVI I D19 Follow Up Flag.: Follow up Flag Status; Flagged Please Usecaution k '[C�A�UTION�.0f�me�sagp�isfromianexterna source. ,weq.9p. or:8 clicking lin The following was sent from the contact form on irc9 ov-,com: Name Kim Widman I have heard people complain that implementing a mask mandate is being unconstitutional or a violation of rights; itis not. However. our current situation of not having instructions in place that pertain to all, many are left,without.the necessary support needed for businesses to enforce the protection of their staffs, customers, and families. What about their rights? The workers inthis county are required to protect the public, and that helpsjtut who will protect them? A mandate is worth a -try. More Info: Form Submission Time, 9!14/2020 15:19:34 EDT( -0400 GMT) Visitors IP '107.158.66.158 Unique, I.D.: 16923f1 , 4602d990f . bf283bdd3l . 8b58af, staff = Public—Comment Tina Cournover From: formsgircgpv.com Sent- Monday, September 14, 2020 3:27 PM To: Tina Cournoyer Subject: 'Contact Form - Mask Follow Up Flag: Follow up Flag Statuv Flagged CA'UTibNThis message t Ource.Pease.use:'czi6tionWhen,6 ,,.aftac6&nts-or clicking links ejsIrom awex external s peAihg The following was sent from the contact form on ircgov.com,, Name Gretchen Roberts Emifl GLR32962@aol.com ,Address . - I ........... ..... 644: Centre, Ct SW 101 1. Phone 7722118885 Subject ............ Mask Message Make masks mandatory in IRC, ...... .... . - More Info., Form Submission Time 9/14/2020 15:26,29 EDT( -0400 G . MT) Visitors IP -65.84.164.186 .Unique ID Odl 54cf6bcdO58ad97d8ac2a68d8592c; staff= Public _Com 'Merit Mrl-� -C'S From: form,sg'ircgov.com Sent: Monday, Septeryiber 14, 2020 3:49 PM To: Tina Cournoyer Subject-, Contact Form - Please Mandate Masks, Now. . ........ .... .. CAiJTION. This Ona S h ' message an external source,; use when g,attac mentsbr 'c clicking link The following -was: sent from the contact form on.ircgov.com: More Info: Form Submission Time 9/14/2020.15A8;26 EDT( -0400 GMT) Visitors I - P 1172.98.76.240 Unique ID f3f9b98a7b5e94da235a394.e1.824901a staff = PublicComment Tina Courno From: forms@ircgovxo'm ,Sent: Monday, September 14, 2020 157 PM To: Tina Cournoyer Subject: Contact Form - Masks CAUTION. This g j,0 se caution when opening attachments or clicking links.' The following was sent from the contact form on lrcgov..com: CS More Info: Form Submission Time 9/14/2020 15:56:55 EDT( -0400 GMT) Visitors IP 1 G4.187.9,139 Unique ID a1fbf5258b06e3225ce2e5fabc1 14,ea2 staff = Public Comment Tina Cour no er From: forms@ircgov.com Sent: Monday, September 1.4, 2020 3:58 PM To: Tina Cournoyer Subject: Contact Form - Masks in Indian River County CAt3Tl N ;message is from an externa.I source. Please use caution where opening attachments or clicking links: The following was sent from the contact form on ircgov.com: Name Elizabeth Carr Email Emcarr55@hotmail.com ... ......... _._. Address 5552 Spanish River Rd Phone 7722032182 ..._....... Subject Masks in Indian River County Message I live in northern St Lucie County but I do most of my errands in Vero Beach. I appreciate the variety of services available in the city. I make a point of frequenting businesses where the employees and customers are wearing masks..l think a mask mandate would be beneficial to reaching the goal of mask -wearing by the 100 % of the public. Thank you for your actions in advance. More Info: Form Submission Time 9/14/2020 15:5T59 EDT(=0400 GMT) Visitors IP 23.121.43.188 Unique ID. 2992509f243c280880c6e05ae2e23290 staff = Public Comment Tina From: forms@ircgov,com Sent:. Monday, September 14, 2020 4:08 PM To: Tina Cournoyer Subject: Contact Form - Masks PS CAUTION. -This message is mom'an external source Please use caution when opening attachments or clicking links:' The following was sent from the contact form on ircgov.com: Name christy bell Email Flbells@gmail.com Address 415 38th Ct, Vero Beach Florida Phone 7723216488 Subject Masks ..... Message As we enter fall, history tells us that the current pandemic will likely continue with rising case numbers.. Please help us all do our part to keep our economy going and keep our families healthy. To do that, the science tells us that if 95% of people will wear masks in public, we can then limit transmission. It would be nice if people would just make the choice to wear masks on their own. Unfortunately there is conflicting messaging and not all people know what a difference a simple mask can make, Please help us all by creating a county wide mask mandate. The worst case scenario is that people wear masks when it isnt .actually necessary. The best case scenario is that we can keep some cases at bay, save lives, help out critical care doctors and nurses, all while keeping our economy strong. More Info: Form Submission Time 9/14/2020 16:08:15 EDT,( -0400 GMT) Visitors i P 73.1.67.1.54 Unique ID 4899d52c11a7d08ee30fedb3063113da staff = Public Comment I Tina Cournoyer From: forms@ircgov.com Sent.- Monday, September 14,2.020.4:17' PM ' To: Tina Cournoyer ' Subject: Contact Form - Mask Mandate CAUTION;fs message JS Tro use caution when opening attaqkn,e­htsp dko'ngif s.:: The following was sent from the: contact form on ircgov.corrY Pres Trump is in denial, Hind it hard. to boliove you are too. Oo the right 'thing and vote to require Masks when in public establishments. We don't need, any more unnecessary lives lost. This' is not a political Concern. This is, a public health concern. You don't mandate, then my vote will reflect.that next time you are up for election.. More Info: Form Submission Time 9/14/2020 1616:53 EDT( -0400 GMT) Visitors IP 78.0.81.188 Unique ID 4d20l,,ed.596l.a1278ecc226b,3cOc22298 Staff = Public Comment ,_�� � (~ /7 �� / .Tina Cournoxer From: Sent: 14,2020,411 PM To; TinaCournoyer Subject Contact Form - Mask, rrian'Ote The following from/ the}brn1 on : Name Angela ... ... .... ... .... -.... ...... _..... ...... __-~....... .... ........................... .... ... �_�~-�,_'` Email nn ........ ... ..... �.��__-____-_-__- -_-__`___-�-=_ Address 1255 40THAV�:, Vero Beach. FL 32960 .... Phmme 7725386139 __ _ _ -_~-_ _ _ ' - - - - °_-----___�_-_- Subject K8askmandate Message As a nurse practitioner for'16 years now, it has:been my r e'sponsibility to kee.p my patients safe.. One of the most important ways to do that is by mand8iting,rhasks for everyone. The research has. shown'that masks reduce viral load'and help prevent more serious illness. I have seen to many get.sick and oven die from this... Why should 1. more have'to sufter? We are smarter than this Virus. Everyone needs to�:Wear 0 mask. Let!s:, shut down this virus -give. , it no more hosts. How do, cloth face coverings prevent the spread of COVID-1 9? It's first important to understand the concept of source control. We've learned that as many -as 40% of people infected with the virus that causes,COVID-19 may.have no.symptorn's. But when they talk_cough or sneeze, they can still spread the virus to others in the form of respiratory droplets expelled . into the air. T I hose dro.plets. evaporate into fine particles that,may linger. The, mask traps these larger,droplets: before they can evaporate. So, wearing a mask.regularly can, prevent spreading at the source even when we'don't know we, are sick. Some.people argue thatcloth masks can't be effective because they can't filter out viral particles, which.are extremely, tiny. Butj most:,00 these particles leave the mouth,and nose in mulch lairgef droplets that become smaller through. evaporation as they,niove away fromthe body. Trapping droplets with:th.6 r1hask means not nearly as many Viral particles escape. If two people are wearing Masks', the Viral particle$ can travel about 5 feet awayfrom each individual. When an infected person is not wearing amask, those Particles can float through'the air 30 feetor moire arld,stay aliveJor up to 30 hours. More Info: Form Submission Time 16:18:57 GMT) Visitors |P 99A1Ci2U2145 otaff=Publk�Comment � Tina Cournoyer From: forms@ircgov.com Sent: Tuesday, September 15, 2020 8:05 AM To: Tina Cournoyer Subject: Contact Form - face coverings ordinance Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message is from an externalsource. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Mame Patricia Walsh Walsh Email PatriciaWalsh13@aol.com Address 1520 Eagles Circle Phone 7725812388 Subject face coverings ordinance Message To: Indian River County Commission members, Vero Beach, Fl. Sept. 15, 2020 Dear Ms. Adams, Mr. Flescher, Mr. Zorc, Mr_ O'Bryan and Mr. Solari: Please use your authority to advocate for, enact, and facilitate the most responsive county mandates, rulesi. or ordinances. to protect the health, safety and well-being of the public in line with SARS-CoV-2 pandemic recommendations by NIAID's Dr. Anthony Fauci and the U.S. Center for Disease Control and Prevention. Research indicates people generally do a better job of adhering to safety measures when the government mandates those measures. By ensuring everyone does their part_, you'll surely help prevent unnecessary COVID-19 illnesses and deaths here. We urge you to approve a countywide mask mandate for all in all public spaces. We think a mask requirement logically must include everyone. Retail, service and other business employees should wear masks to help shield colleagues and patrons from infection but patrons also should wear masks to help protect those workers. A mask requirement should apply to people in any public place, not simply those coming in contact with county employees. We realize there will, be exemptions for individuals with some medical conditions or disabilities and young children. We ask you to include a fine or penalty severe enough to dissuade willful violators from continuing to place others at risk. We also urge you to consider mandates/ordinances regarding social distancing requirements in public spaces and crowd size limitations for all gatherings. Thank you for your zealous efforts on behalf of your constituents and others. Patricia Walsh and Phyllis D. Walsh More Info: 11S'Iq 4-rs Tina Cournoyer From: forms@ircgov.com Sent: Tuesday, September 15, 2020 7:25 AM To: Tina Cournoyer Subject: Contact Form - Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTIOW.This message is from an externa.t:source. Please use caution when opening attachments or clicking links.: The following was sent from the contact form on ircgov.com: Name Lisa Giessert ........................................... _ .. _. .... .. Email lbgiessert@aol.com Address 1090 Dalbello Way Phone 772.569.8878 Subject Mask Mandate Message PLEASE enact a countywide mask mandate. I am a cancer survivor still undergoing maintenance Infusion treatments, haven???t been able to do much (except dr appts) outside of my home for 6 months. If you require at county buildings why not everywhere. Thank you. More Info: Form Submission Time 9/15/2020 07:24:58 EDT( -0400 GMT) Visitors IP 104.187.8.253 Unique ID a48de8b7aa3e9df99661fd56eOa9a046 staff = Public Comment 1 4 Tina Courno er From: forms@irtgov.com Sent: Tuesday, September 1 S, 2020 6:31 AM To: Tina Cournoyer .Subject: Contact form - Mask Mandate needed for ALL of IRC. Follow Vp Flag: Follow up Flag Status: flagged CAUTION: This message is from'an external source. Please use caution when opening attachments or clicking links: The following was sent from the contact.form on ircgov.com: Name Marcia Weinstein Email Marcia@marciaweinstein.com Address 5045 Sapphire Lane.SW, VB 32968 Phone 772=91.3-0.158 Subject Mask Mandate needed for ALL of IRC ............. Message Dear Commissioners, it is no longer acceptable for you to vote down nor delay a Mask Mandate for Indian River County. This is not a political issue. All residents should be required to wear masks inside business or be fined for doing so. The science: is clear and I don???t understand your hesitation. it'.is time for you to demonstrate that you care for the health and well-being of our most vulnerable citizens, by caring for ALL of our citizens. Thank you. More Info: Form Submission Time 9/15/2020 06:30:45 EDT( -.04:00 GMT) Visitors IP 76.26.163.6 Unique. ID c62a29335753f2fe2349e5427890dd 10. staff= Public Comment H -5-67V Tina Courna}rer From: forms@ircgov.com Sent: Tuesday, September 15, 2020 12:33 AM To: Tina Cournoyer `Subject: Contact Form - Mask mandate Follow Up Flag: Follow up' Flag Status: Flagged CAUTION: This message is from an external source -Please use caution when opening attachments or clicking link's: The following was sent from the contact form on ircgov.com: Name Valeri Cooke Email Valcooke@msn.com Address Valcooke@msn.com Phone (708) 268-5141 Subject Mask _mandate Message Please.protect us vulnerable citizens and issue a mask mandate. It's so simple and it saves lives I have a next door neighbor who has lost 3 family members to this disease. My husband and I both are high risk.. All we want to be able to do is buy groceries in safety but we walk in the stores and half the people aren't masked. Clearly the citizens cannot be trusted to care for their fellow man! More Info: Form Submission Time 9/15/2020 00:32:56 EDT( -0400 GMT) Visitors. IP 73:85:83:11 Unique ID 118df654ff2fa65aaefda175ce3f0126 staff = Public Cornment 1 Tina Cournoyer l From: forrns@ircgov.com Sent: Monday, September 14, 2020 11.:59 PM To: Tina Cournoyer Subject: Contact Form- Mask Mandate Fallow Up Flag: Follow up Flag Status: Flagged CAUTION: This message,I from an external source.`Please.use caution when opening attachmenfsorrclicking Unks: The following was sent from the:contact form on ircgov.com: Name Julia Parr .......... Email parrpub@gmaii:com Address 4743 61st Cir, Vero Beach Phone 772-562-0045 ........................ Subject Mask Mandate Message Please'count our family among the many residents of IRC who believe maskssave lives. Send the right message to residents that we are all our neighbors keepers and need to respect human life by wearing masks whenever We are around others. Many people have health conditions that make thein vulnerable to. severe illness.. We all have a moral obligation to save lives More Info: Form Submission Time 9/14/2020 23:58:53 EDT( -0400 GMT) visitors lP 73:84.57.79 Unique ID 227al6edafd43f21g6fi71c24b3f4f86a staff = Public—Comment 1 Tina CournoLer 'C From: forr*hs@.ircgOV.com Sent:. Monday, September 14, 2020 8429 PM To: Tina Cournoyer Subject: Contact Form - Will .you .act on whaty ou know! Follow Up Flag- Follow up Flag Status: Flagged CAUTION: This message ''I's,:from an external source' -Please use caution when opening attachrheiitt or cI-iking-'Yq_s,� The following was,zent from the contact form on ircgov.c.om-; More Info: Form Submission Time 9/14/2020 20:29:02 EDT( -0400 GMT) Visitors 10 60.247:234.213 Unique ID 7da3ef2Off3748cbl8009e8dde387b1'f staff = Public Comment Tina Cournoyer From: forms@ircgov;com Sent: Monday, September 14, 2020 7:1.5 PM To: Tina Cournoyer Subject: Contact Form - Mask mandate CAUTION.: This message is from;an :external source. Please use caution when opening attachments or clicking\links: The following was sent from the contact form on ircgov.com: Name Gregg Page Email page_gregg@yahoo.com Address 1156 36th Avenue Vero Beach FL 32960 Phone (415) 637-8083 Subject Mask.mandate Message Dear Commissioners! Please do the right thing and vote a mandatory mask. mandate into action. There are far more people in this county who believe in science and the cdc???s recommendation that the wearing of masks are the best way to prevent the spread of the virus. Thank you in advance for doing the right thing! Gregg Page More Info: Form Submission Time 9/1412020 19:15:00 EDT( -0400 GMT) Visitors !P 73:85.30.57 Unique ID 470.O7l8Oe8462ld5be62eO841452Oc28 staff = Public Comment i 1 "l Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 2:42 PM To: Tina Cournoyer Subject: Contact Form - Masks Follow Up Flag: Follow up Flag Status: Flagged CAUTIOWThis'message is°from an'external source. Please use caution when opening attachrnents`or clicking links. The following was sent from the contact form on ircgov.com: Name Lucinda Zelaya _..., _ . Email lucindazelayag@hotmail.com Address 2235 50th Ave Vero beach fl ........ . .. .._.... Phone 7729.185038 Subject Masks Message I rather wear a "face diaper" instead of Depends which is what you will need is the virus gets into your digestive track as in diarrhea In Other countries that have more control over this various, wear masks. I rather be a live sheep and not a dead flunkey. More Info: Form Submission Time .9114.12020 14:41:36 EDT( -0400 GMT) Visitors IP 69.:137.161.115 Unique ID bb8c8465b560fOf32d99e8a9517a27fc staff = Public Comment 1 Tina Courno er From: forms@ircgov.com Sent: Monday, September 14, 2020 2:33 PM To. Tina Cournoyer Subject: Contact Form - Mask mandate Follow Up Flag: Follow up Flag. Status: Flagged Ct�IJ i It7t�; This message is from aWexternal source. Please:use caution when opening.attachments or clicking links. ` The following was sent from the contact formonircgov.com: More Info: Form Submission Time ,9/1.412020 14:32:32 EDT( -0400 GMT) Visitors IP 67.191.117.28 Unique IR b25c705b9e8d4Odfef26085c94aeOfOc staff = Public. Comment Tina Cournoyer From: forms@ ircgov,com Sieft Monday, September :14,2020 . 2:33 PM Tot 'Tina Cournoyer Subject: Contact: Foe rh - Mandatory, Mask Mandate Follow Up Flag- Follow:up P Flag 5#atur Ragged [CAUTION'This message 10ronanzxterpai,'ource�.. jeaseuse cautlon,�' When, opening attacrnentsorcicking;lih s The following was, sent from the contact form on ircgov. corn: ,More Info: Form Submission Time 9714/2020 14132:39 EDT( -o400 OMT) Visitors 1P69r137 1r63,159 Unique ID staff= Publi�c_Comm,eht Tina Cournoyer From: forms@ircg6v.com Sent: Monday, September 14; 2020 2:51 PM To: Tina Cournoyer Subject: Contact Form - Mask Mandate Follow Up Flag: Follow up Flag Status: Tagged CAUTION: This message is frorh an external source. Pleaseuse caution,when�opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Marcie Bensman ....... ...... ......... Email mbensman@verizon.net Address. 1687 Victoria.Circle Vero. Beach, FL 32967 .Phone 772-217-3761 ......... ......... ......... Subject Mask Mandate Message Please support the health and safety of residents in Indian River County by adopting a mask mandate for all. Though cases have lowered in the last month, we must remain vigilant to ensure they stay down and get lower. I have kept detailed data to track and am happy to share. We need consistent requirements for mask wearing In public and indoor spaces for the entire county. Thank you]. More Info: Form Submission Time 9/14/2020 14:50:35 EDT( -0400 GMT) Visitors IP 66.177.246.208 Unique ID 09d16f5cbc9fc49b685e1b72bfdc2b78 staff = Public—Comment Tina Cournoyer From: forms@ircgov.com Sent: Tuesday, September 15, 2020 5:24 AM To: Tina Cournoyer Subject: Contact Form - Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION' This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Mandy Hooker Email -mandyhooker@comcast.net Address 5575.41st'St,'Vero Beach Phone 772-633-0851 Subject Mask Mandate Message NO mandatory masks for Indian River County. More Info; Form Submission Time 9/15/2020 05:23:43 EDT( -0400 GMT) Visitors IP 107.77.216.231 Unique ID 10e37403fOd974b8a7d53e77272df481 staff = Public Comment i 10-,A . /. Tina Cournoyer From: forms@ircgov.com Sent: Tuesday, September 15, 2020 1_:58 AM To: Tina Cournoyer Subject; Contact Form _. mandatory masks Follow Up Flag: Follow up Flag Status: Flagged CAUTION This message is from an external source. Please use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Michelle Hazellief Email. michellewojan@gmail.com. Address 2455 28th Ave sw Phone (772) 800-8980 Subject mandatory masks Message Please reconsider making masks mandatory in Indian Fiver County. We don't need masks to keep us safe. I myself cannot wear one because of my Adhd and ptsd. My children cannot wear masks because one of them suffers from ptsd and the other from anxiety: It is not necessary. According to thescience, covid cases are down. It doesn't make sense to make masks mandatory if cases are down: Please do not make masks mandatory. Thank you. More Info: Form Submission Time 9/15/2020 01:57:42 EDT( -0400 GMT) Visitors IP 73.85.84.89 Unique ID 52012c19bc47af8cbe7c1d951153a23b staff = Public Comment i Tina Co From: f.o.r.ms@ircgov.com Sent:: Tuesday, September 15, 20 1 20 1:27 AM To: Tina Cournoyer Subject: Contact Form - Vote NO on mandatory masking Follow Up Rag: F O'HoW,up Flag Status: Flagged C,AOT1ON:Thi:5. message isfrornan external source. Please.use caution ,when opening -attachments or clicking , links.; The. following was "sent from the contact form on ircgov,com- I request you vote NO on continuing the masking order and reopen Indian River County. We've suffered enough due to your unconstitutional order More Info: Form Submission Time 0/15/2020 OT:26:55 EDT( -0400 GMT) Visitors IP' 45.61,51-216 Unique ID f2f723c91936a8d6f30bg80945cOe55f staff = PublicComment. Tina, Cournoyer From: forms@ircgov.com ,Sent: Monclay', September 14, 2020. 10:410, PM. o . To:, Tina Curnpyer Subject: Contact Form - Na to MaskO S, message.Jsf,rom,a n�extefnal source: aliion"W he 'openin 9 , atta chmentsbrclicking links:'�", The following was sent from the contact form on.'ircgov.com: More Info: Form Submission Time 9/14/��2O2O.22,:39:37.EDT(-0400:GMT) Visitors 11P 104.14.125.82 Unique ID 6ba7933ced7ad39bl6d9eb9aedbdeb45 staff= Public Comment / �,3 Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2020 10:12 PM To: Tina Cournoyer Subject: Contact Form = re: mask mandate Follow Up Flag; Follow up Flag Status: Flagged CAUTION' This message is from an external source. Blease use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Name Kevin Lee Email eogprod@gmaii.com Address 1625 2nd St Vero Beach, FL 32.962 Phone 7725845520 Subject re: mask mandate Message Take our kids out of masks now! Shame on you for following a narrative without first gathering data as to it's effectiveness! I already have one kid out of your school, you want me to take another one out and keep the two below them out and keep my state funding? You are assaulting our children. We will not stand for it. These mandates are illegal and unconstitutional. You are violating the constitution and trampling on our children's rights. You are making decisions based on fear and not logic. You are allowing someone in your commission to be influenced by an agenda that specifically seeks to groom our children to be slaves. You know the numbers regarding death rates and transmission rates. You know that masks are not designed to reduce viral transmission and the manufacturers have even stated that on the product. SO why are you mandating masks when they do not work for your alleged intended purpose? Don't be fooled. We already know the reason. Don't put us in a position of having to expose exactly who is pushing for this illegal and immoral mandate. -NO MASK MANDATES NOW OR EVER! More Info: Form Submission Time 9/14%2020 22:12:17 EDT( -0400 GMT) Visitors IP 205.185.222.46 Unique ID cbO88a011fba70c3e04032d3d109574 staff = Public Comment 1 Tina Cournoyer From:. 11 s@ircgov.com forms@ircgov.com .Sent. Mond . ay, September 14, 2620 10:03 'PM To: Tina Cournoyer Subjects Contact Form - NO Mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTItN M: r0M an external source --P ease�use cautionm en, pening,atta ments,or c ic ing: in s $sage' h 0 The following was sent from the Contact form on ircgov.com: Name Loural Flynt Email Loliyflynt@gmaiLcom Address 1235,41 st Ave Phone. 7726331456; .Subject ................. NO Mask Mandate Message 1. vote not to Mask mandate in Indian: River County. More Info: Form 'Submission Time 9/14/2020,22:02:58 lEDT(-0400,.GMT) Visitors IP 108.249.73..238 Unique 10 5ec3bc9bc742f,9428c;Ra4eoRa8b94f staff = PublicComment 1 Tina Cournoyer Fronn: Cara Pettit Sent: Monday, September 14, 2020 8:55 PM To: Tin,a.Cournoyer Subject:. Contact Form - No to mandatory masking Follow Up, Hag: Follow up Flag Status.: Flagged srnessagels from an,'ekt6rhalce. I sour .P ease':Use caution When opening attachmentsor'clicking links. The following was sent from the contact form on ircgov.com:. Name Cara Pettit Email carapettit@beilsouth.net Address 4720 Bella Rae Lane SW Vero Beach fFL 32968 Phone ... ...... .. . 772-342-6099 Subject ............. ........... No to mandatory masking Message 1 vote N06n mandatory maskmandate! More Info: Form Submission Time 9714/2020 20:54:27 GMT) Visitors IP 108>21:8:;130.82 Unique lb 53.a936e6bc981e104b2e8cbae4afa72b staff = PublicComment I /IS -2k Tina Courno er glow From: forms@ircgov.com Sent: Monday, September 14, 2020 8:26 PM To: Tina Cournoyer Subject: Contact Form - Mandatory mask Mandate Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This message Is from an external saurte P,lease'use caution when opening attachments or clicking links. The following was sent from the contact form on ircgov.com: Sincerely, Winncy Schlitt More info: Form Submission Time 9/1412020.9b.:.261::16 EDT( -0400 GMT) 115--37 TinaCournoyer From: forms@ i rcgov.,,com Sent: Monday, September 14,.2020 823 PM To: Tina Cournoyer Subject: 'Contact Form, - mask Follow Up Flag: Follow up Flag Status: Flagged =CAUTION;Ttusmessage ls from an external source. Piease use caution roman,.externalsoutce.P.iease.:useltautioriw,henopehingattachments or:dlickinglinks: .. s. The following was sent from the'contact form on ircgov,com: More Info. Form Submission Time 9/14/2020 2.0:23`:04 0:23:04 EDT(. -0400 GIVIT) Visitors 1P 73.245.75.220 Unique ID 33b6I7eb3 I 7c5c I f2d41f6bOa9O2e04aec staff = Public—Comment Tina Cournoyer From: farms@ircgov,com Sent: Monday; September .14, 2020.8:13 PM To: Tina Cournoyer Subject: .Contact Form - No -to masking. CALMON: This message is fro.rn an extern 'Please;u'se caution when opening attachments or clicking links.' The following was sent from the contact form on ircgov.corn: More Info: Form Submission Time 9/14/2020 20:12:45 EDT( -0400 GMT) Visitors IP 73:205.125.210 Unique ID c461515fab528e99d4d11b9fd5443eif staff = Public Comment its Tina Cournoyer From: forms@ircgov.com Sent: Monday, September 14, 2.020 &13 PM To: Tina Cournoyer Subject: Contact Form - Mask Mandate CAUTION, This message is from an:external. source ,Please use caution when opening attael ments'or clicking links. The following was sent from the contact form on ircgov.com: Name Paula Holmes Email Paula. ariiber@live.com Address Paula.amber@live.com Phone (772) 812-4624 Subject Mask Mandate Message No mask mandate for Indian River County! More Info: Form Submission Time :9/14/202020:12-.3 3 EDT( -0440 GMT) Visitors. IP 73.84.243.57 Unique ID 8fd23c297209b3733c059abad97f76e7 c#�fi - D� �hkin (inmman+ Tina Cournoler NO From: forrns@ircgov.com Sent:, Monday, September 14, 202018:10 PM To: Tina Cournoyer ,Subject- Contact Form - No to a mask mandate cAuTON: This message iso ror*i an externaVsource. Please use ciution-"W.'­i4en'o"Oehing attachment's or clicking links: The following was sent from the contact form on ircgov.com: More Info: Form Submission Time 9/141202020:09:31 EDT( -0400 GMT) Visitors IP 73.245142.168 Unique ID edl 212abee22be9I6349f87OfO3161 ff staff = Public Comment Tina Cournoyer From, forrny@ircguxcnm Sent: Monday, r14,202O8,U1PM To: Tina Cournoyer Subject: Contact Form - I vote NO to mandatory rnasks CAUTION: This messageisfrom an, external sb&& P'le'ase use cauti'n when openin aft hm nts or, clickinglinks. The following was sent from. the contact form pnin:gnvuom: More Info: Form Submission Time 9114/2020 20:00:41 GMT) Visitors IP 73.205A25210 Unique ID f1389.5ae1d1 1b3bod10 � ' ��—~�v�� //� / Tina Cournoyer From: Ruth Kuvlesky 5ruthkuvlesky@'gmail.com> Sent: Monday; September 14, 2020 11:18 AM Subject VOTE NO ON altering MASK Ordinance Follow Up Flag: Follow up Flag Status: Flagged. CAUTION: This message is.from an external source.. Please use caution when opening-attachments.or clicking links: . Please vote NO on:altering the mask ordinance and RESCIND the ordinance altogether, 'and don't make any further mask orders or mandates. This following is what businesses are going through because of your orders and ordinances— this is an eye witness account We have received MANY, MANY of these reports and have asked businesses to.refuse to bow to fear of this militant group and come forward to speak to you all: "I'm the owner/operator of the Vero Beach (removed company name as this was sent in confidence.) I'm also one small business being libeled by the Mask Group.. We have a sign out front and ask people to wear a mask. I'm seeing peop..le on:the Mask Group site fabricating employee statements, and making,non educated comments to get a rise out of others. They are now driving people away from my business. They state when they have the County backing to come in and harass our employees ans customers when they do this. Our employees wear masks and almost ALL the shoppers do. Social. Media is one thing, word of mouth .is another They are like the military and they are ruining us. Why are our leaders pushing this hatred of citizen against citizen? When will this drop? Our business has been shut down, limited and now is being forced to go through this. Can the leaders stop with all these meetings to force citizens to choose? .It's .ruining. our community and our business! " (End of this message) Our group - Indian River Freedom Coalition has only. 700+ members but they ALL must agree they live in Indian River County to.join. We try to police the page. We are voters who vote and care deeply about our County,.have children ,and grandchildren who live and go to school here. It's one thing to have opposing views from our County. It's another to have groups who have members -the majority from all over the country = who have no vested interest -.that's why not many show up to speak BTW - this is what we found on their.group page. Many of us,have friends all around the country that we could invite ans have join our page and who. would write emails on our behalf: We don't allow that: We were sent this today — the.pro mask group -1600 members but MOST don't live in Indian River - many from California and other states - who are posting these on all types of our of FB pages to send you all emals for tomorrow. Note them saying don't list"your address because they aren't even from our state. Our group has never DOX anyone from their group. This is all a lie to cover. This is why we see Antifa type people on.their page (see far below) - you can search their members page and find her. Yes.she lives in California and this is the type of person from another state influencing your decisions. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: September 15, 2020 SUBJECT: Providence Pointe Vero Beach LLC's Request to Extend the Zoning Reverter Deadline for Providence Pointe PDTND [PD -13-04-01 & AA -20-05-64 / 2004110179-86579] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 22, 2020. BACKGROUND: This is a request by Providence Pointe Vero Beach LLC, through its agent Schulke, Bittle, & Stoddard, LLC, to extend the 7 year "zoning reverter" deadline for the Providence Pointe Planned Development Traditional Neighborhood Design (PDTND) project located at the southwest corner of 58d' Avenue and 53`d Street (see Attachment 1). Since 1991, the County has approved various planned development (PD) projects via the PD rezoning process. Through that process, a PD project site is rezoned from its original zoning district (e.g. RS -3) to a PD district that is specific to the PD project. Starting during the 2004/2005 development boom, several PD rezoning projects have included a zoning reverter deadline that is activated if the PD project has not progressed (e.g. land development permit obtained and construction commenced) by a specified timeframe. Upon activation of the reverter, the site's zoning returns to its original (pre -PD application) zoning designation(s). In 2009, during the Great Recession, the Board of County Commissioners (BCC) adopted an ordinance granting a 3 year extension to the zoning reverter deadline for a total of 4 different PD projects. In 2011, the BCC adopted a second ordinance granting a 7 year extension to the zoning reverter deadline for 3 of those same 4 PD projects (one of those projects was not extended due to foreclosure of the project site). On August 20, 2013, the BCC approved the PDTND rezoning request and granted conceptual PD plan approval for the Providence Pointe PDTND project. That approval included a 7 year zoning reverter deadline outlined as approval condition 13 (see Attachment 2), and further outlined in the PDTND rezoning ordinance (Ordinance 2013-011; see Attachment 3). After the 2013 PDTND rezoning and conceptual PD plan approval, the project started to progress with a preliminary PD plan/plat approval in 2014 for Phase 1. However, that preliminary PD plan/plat approval expired in 2019. Within the past few years, the owner/developer has held several pre -application meetings to make internal changes within the overall PDTND project, and potentially move forward the first phase of the project. However, the owner/developer has not obtained a land development permit (LDP) for any phase of the project, and has not commenced any construction. 116 On February 18, 2020, the owner/developer submitted an administrative approval (AA) application to request a 5 year extension of the project's zoning reverter deadline. It should be noted that staff review of the AA application and the subsequent scheduling for BCC consideration was heavily delayed/impacted by the current COVID-19 pandemic. It should be further noted that the 7 year zoning reverter deadline outlined in the original August 20, 2013 approval and ordinance should have technically gone into effect on August 20, 2020. However, staff has coordinated with the owner/developer and the County Attorney's Office, and all parties agree that the requested 5 year extension, if approved, will retroactively extend the PDTND zoning designation until August 20, 2025. Staff has drafted a PD reverter extension ordinance and scheduled a public hearing for BCC consideration. The BCC is now to adopt, adopt with changes, or deny the proposed PD reverter extension ordinance. ANALYSIS Since 2004, zoning reverter deadlines have been included in a number of PD rezoning projects and were intended to sunset obsolete PD zoning districts associated with inactive projects. These sunset provisions were put in place to protect site owners from being "stuck" in the future with an obsolete and unusable zoning district (and corresponding PD plan). Without a reverter, the obsolete PD district can be "undone" only by approval of an owner's request to rezone the site to another district. In this case, the owner/developer has indicated a desire to have the County extend the zoning reverter to preserve the PDTND district/plan for 5 additional years. Staff supports extending the zoning reverter deadline for the Providence Pointe PD project by 5 years. If adopted, the attached ordinance, will retroactively extend the zoning reverter deadline to August 20, 2025. All other approval conditions outlined in the original PDTND approval remain unchanged. RECOMMENDATION: Staff recommends that the BCC adopt the proposed ordinance. ATTACHMENTS: 1. Location Map 2. BCC Approval Letter 3. Ordinance 2013-011 4. Proposed PD Reverter Extension Ordinance 117 0: iAMHi SJN1h) a S Ad H 188 �o 0 0 Q0 O 0 0 0 �o b1 V W a s 15!•9 � O io 1S 69 i to Y• O� 0 0 0 0 8 v 0 0 0 n • n!/ Hlb9 9 0 a 0 00 August 21, 2013 Joseph Schulke, P.E. Schulke, Bittle & Stoddard LLC 1717 Indian River BIvd Suite 201 Vero Beach FL 32960 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www.iregov.com RE: Providence Pointe Vero Beach, LLC's Request to Rezone Approximately 186.33 Acres from A-1 and RS -3 to PDTND and to Approve the Conceptual PD Plan for "Providence Pointe" (PD -13-04-01 / 2004110179-703501 Dear Mr. Schulke: At its regular meeting of August 20, 2013, the Board of County Commissioners approved the PDTND rezoning request and granted conceptual PD plan approval for the project referenced above. Those actions approved at a conceptual level development of 481 detached and attached residential units, 72,000 square feet of commercial building area, a 57 room hotel with restaurant, a clubhouse, and an executive 9 -hole golf course, with the following conditions: 1. Prior to or via any final plat, the applicant shall restrict the planting and maintenance of Caribbean Fruit Fly and Citrus Greening host plants on all PD sites. Said host plant prohibition shall be included in covenants and restrictions filed on project properties. 2. Prior to approval of the LDP plan for Phase I, the applicant shall dedicate the ultimate right-of-way for 49th Street and 58th Avenue adjacent to the project, with density credit provided for Providence Pointe, as shown on the conceptual PD plan. In addition, the applicant shall dedicate the small portion of 49th Street right-of-way shown on sheet 4 of the conceptual plan in advance of the Phase I LDP when notified by the County. 3. Prior to the issuance of a land clearing and tree removal permit, the applicant shall document that all agencies have approved the Conservation and Habitat Management Plan and issued any required jurisdictional permits. 4. Prior to approval of the preliminary PD plan for Phase I, the applicant shall enter into a developer's agreement that provides for all off-site traffic improvements and stormwater capacity for adjacent streets required by Traffic Engineering. AttachmAl2 FACommunity Deve1opment\CurDev\BCC\2013 BCC\ProvidencePointeconceptappltr.doc 5. Prior to the issuance of a land development permit for Phase I, the applicant shall: a Submit a sign package for the Market Place commercial/area and obtain approval of the sign package from staff. The sign package must comply with County Corridor Plan requirements and demonstrate a consistent aesthetic theme for the entire project. b. Provide a final design, acceptable to Traffic Engineering and MPO Staff, for the project transit stops. C. Provide a final design, acceptable to Engineering, for stormwater capacity for run- off from adjacent public roads. 6. Prior to the issuance of the first certificate of completion for any preliminary PD plan within any sub -phase of Phase I, the applicant shall: a. Complete or bond out the sidewalk segment on 49th Street and 58th Avenue adjacent to Phase 1. b. Pave that portion of 53rd Street from 58th Avenue to the western project driveway. Complete all site related traffic improvements depicted on the preliminary PD plan and listed in section 13 of the staff report that serve that portion of Phase 1 or sub - phase of Phase 1. 7. Prior to issuance of a certificate of completion for Phase lb, the applicant shall pave that portion of 491h Street adjacent to Phase 1 b as shown on the preliminary PD plan 8. Prior to or via the final plat approval for Phase 1, the applicant shall dedicate the 120' right-of-way for 53rd Street to the county, subject to the terms of a developer's agreement. 9. Prior to the issuance of a certificate of completion for Phase II, the applicant shall complete all site -related traffic improvements required to serve Phase II, as identified by Traffic Engineering and listed in the approved traffic impact analysis. 10. Prior to issuance of a certificate of completion for Phase III, the applicant shall complete all site -related improvements required to serve Phase III, as identified by Traffic Engineering and listed in the approved traffic impact analysis. 11. Prior to or via the final plat for Phase IIA, the applicant shall escrow the applicant's fair share for the future paving of the project's remaining 53rd Street frontage. 12. All preliminary PD plan/plats shall be subject to the following conditions: a. All Market Place blocks and all mixed use areas shall be subject to and shall demonstrate compliance with the County Corridor Criteria or Planning & Zoning Commission approved alternative requirements for landscaping. Attachmel?Q FACommunity Deve1opment\CurDev\BCC\2013 BCC\ProvidencePointeconceptappltr.doc 2 b. Preliminary PD plans shall include final architectural and streetscape designs, acceptable to the Planning and Zoning Commission, for implementing Future Land Use Policy 18.1, and demonstrate compliance with section 915.13(5). C. All buildings at street corners in the Market Place commercial shall be designed to be accessible from both streets or street sidewalks. d. All buildings in the Market Place shall be two stories or have a vertical mass similar to a two story building, unless otherwise approved by the Planning and Zoning Commission. e. All single-family phases shall include submittal of a plan book, approved by staff, demonstrating compliance with Policy 18.1 criteria and Section 915.13(5). f. Commercial/office uses in the Market Place/mixed use areas shall be limited to 72,000 sq. ft. g. The streetscape (buildings and landscape) shall be consistent on both sides of any street, even between different use types. 13. The Providence Pointe project site shall revert to its original (current as of August 2013) zoning if construction has not commenced within 7 years of the approval of the conceptual PD plan and rezoning. 1.4. Prior to or via each final plat that is adjacent to the Urban Service Area boundary, the applicant will provide a notice pursuant to Florida Statutes 163.3163, if required by that statute. The next step in the process is for the applicant to submit a preliminary PD plan, which must be reviewed and approved by the Technical Review Committee and the Planning & Zoning Commission. Please find enclosed three copies of the approved conceptual PD plan for your records. If you require any additional information please contact me at 772-226-1235. Sincere John W. McCoy, AICP Senior Planner cc: Robert M. Keating, AICP Stan Boling, AICP (via e-mail) Roland DeBlois, AICP (via e-mail) Sasan Rohani, AICP (via e-mail) Chris Mora, P.E. (via e-mail) Chris Kafer, P.E. (via e-mail) David Hays (via e-mail) Environmental Health (via e-mail) Jesse Roland (via a -mail) Lt. John Duran (via e-mail) Jeanne Bresett (via e-mail) Joseph Barile (via e-mail) Bruce Barkett, Esq. (via e-mail) Andrew Kennedy (via e-mail) Bill Caldwell (via e-mail) Joe Idlette III (via e-mail) Freddie Woolfork (via e-mail) FACommunity Deve1opment\CurDev\BCC\2013 BCC\ProvidencePointeconceptappltr.doc AttachmAil 3 ORDINANCE NO. 2013- 011 AN ORDINANCE OF INDIAN RIVER COUNTY FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM A-1, AGRICULTURAL 1 (UP TO 1 UNIT/5 ACRES), AND RS -3, RESIDENTIAL SINGLE- FAMILY (UP TO 3 UNITS/ACRE), TO PDTND, PLANNED DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN, FOR APPROXIMATELY 186.33 ACRES OF LAND GENERALLY LOCATED SOUTH OF 53' STREET, WEST OF 58" AVENUE, AND NORTH OF 49TH STREET AND DESCRIBED HEREIN AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently considered this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: LEGAL DESCRIPTION: • PARCEL # 1: THE EAST 5 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 4.88 ACRES, MORE OR LESS. • PARCEL #2: THE WEST 5 ACRES OF THE EAST 10 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 4.89 ACRES, MORE OR LESS. 122 Attachment 3 FACommunity Development\CurDev\Ordinances\2013\2013-_ProvidencePointe.doc 1 I e ORDINANCE NO. 2013- OII • PARCEL #3: THE WEST 5 ACRES OF THE EAST 15 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 4.89 ACRES, MORE OR LESS. • PARCEL #4: THE WEST 5.48 ACRES OF THE EAST 20.48 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 5.34 ACRES, MORE OR LESS. • PARCEL #5: THE EAST 5 ACRES OF THE WEST 20 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 4.89 ACRES, MORE OR LESS. • PARCEL #6: THE EAST 10 ACRES OF THE WEST 15 ACRES OF TRACT 2, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 9.77 ACRES, MORE ORLESS. PARCEL #7: TRACTS 1, 7 AND 8, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND FACommunity Development\CurDev\Ordinances\201312013-_ProvidencePointe.doc 123 Attachment 3 -_ 2 fes'. ' ORDINANCE NO. 2013- 011 NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 113.27 ACRES, MORE OR LESS. PARCEL `A': A PORTION OF LAND LYING IN SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: THE SOUTH 300 FEET OYTHE EAST 104 FEET OF TRACT 3, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL CONTAINING 0.72 ACRES, MORE OR LESS. PARCEL `B': A PORTION OF LAND LYING IN SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: THE WEST 106 FEET OF THE EAST 210 FEET OF TRACT 3, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT CANAL AND ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 3.15 ACRES, MORE OR LESS. Y PARCEL `C' : A PORTION OF LAND LYING IN SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: TRACT 6 LESS THE NORTH 5 ACRES OF THE WEST 20 ACRES OF TRACT 6, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW -LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT ROAD RIGHTS OF WAY. SAID PARCEL CONTAINING 34.52 ACRES, MORE OR LESS. OVERALL PARCEL CONTAINS 186.32 ACRES, MORE OR LESS, is changed from A-1, Agricultural I (up to 1 unit/5 acres), and RS -3, Residential Single -Family (up to 3 units/acre), to PDTND, Planned Development Traditional Neighborhood Design, with the layout as depicted in the attached conceptual PD plan, use table, and the list of design waivers and public benefits (exhibit A). If no project construction has commenced within 7 years from the approval of this ordinance, then the PD zoning of the entire site shall terminate, and the zoning of the property shall revert to A-1 and RS -3. 124 Attachment 3 FACommunity Development\CivDev\Ordinances\2013\2013--ProvidencePointe.doc 3 - j ORDINANCE NO. 2013- 011' All with the meaning and intent And as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 5th day of _ Aucgust , 2013, for a public hearing to be held on the 20th day of August , 2013, at which time it was moved for adoption by Commissioner Solari . seconded by Commissioner Flescher , and Chairman Joseph E. Flescher Aye Vice Chairman Wesley S. Davis Aye Commissioner Tim Zorc ,Bye Commissioner Peter D. O'Bryan Ave Commissioner Bob Solari Aye ^�pneVp nnnpp p p° A'. • ``� BOARD OF COUNTY COMMISSIONERS;�o' OF INDIAN RIVER COUNTY �O• BY: Joseph E. lescher, Chairman °a,_iNri►�nru ATTEST: Jeffrey R. Smit Clerk of C urt and Comptroller BY. Deputy Cle This ordinance was filed with the Department of State on the following date: APPROVED AS TO FO AND LEGAL SUFFICIENCY $n- ReingoId, County Attorney APPROVED AS TO PLANNING MATTERS '� 4, , / Obert M. Keating, AIT; -C67 ty Development Director 125 Attachment 3 F:\Community Development\CurDevlOrdinances\20I312013-_ProvidencePointe.doc 4 I z $ Reg Seffi zk. aG b8 gsHg S1W �5t wz iuE �t7 — OZ CO �p`q> < 3 IT O V Oji �3]t77 b �6 ag aao �a i 9 .4 01. 0Sm ZSR �S 52 ° a. 0 ''. W aaoaoaooaoa bit "A" e1 of i I @F, f:: +�YS° iti m Exhibit "A" Page 2 of 6 Notes: 1) Primary Setback (PSB) = setback from property tine/ROW line to primary building fayade, front face (wall) of the building mass. 2) Secondary Setback (S5B) = setback from property line to building elements that are allowed within a primary setback or primary structure or garage (building elements include: arcades, colonnades, balconies, porches, terraces, stoops, and roof overhangs) Refer to Building Type Disposition diagrams. 3) Interior Side Setback= setback from shared side property fine to building face (doesn't include end or corner lots abutting streets or open spaces), 4) Building Elements Zone (BEZ) =the area between the Primary Setback and Secondary Setback that allows for limited building elements to occur depending on building type and location. Building Elements include: arcades, colonnades, balconies, awnings, porches, decks, terraces and stoops. 5) Building Coverage= the maximum area of a lot which may be occupied by a structure. (Expressed by ratio/percentage) Arcades, open porches, decks, terraces and stoops are excluded from the calculation. 6) Open Space = the area of a lot that is occupied by natural vegetation, pervious landscaping, and unroofed building elements that have pervious surfaces. (Le.: open wood decking, pervious pavers, gravel, pools, etc.) 7) Impervious Area =the maximum area of a lot which maybe occupied by a structure, building element or impervious surface material. 8) T.U. = a garage that is tucked -under building (rear -loaded); an attached garage with living space above. 9) See plan diagrams (Building Disposition, Sheet A-5) for building envelope. .10) Allowed projections (beyond any setback) include roof overhangs and gutters up to 36" max. and must be 7'4' min. above grade. 11) Minimum Setback= a setback that Is required to be "no less than" the dimension noted but can be greater than, as per the Building Disposition diagrams. 12) Maximum Setback= a setback that is required to be "no greater than" the dimension noted but can be less than, as per the Building Disposition diagrams. 13) All garages labeled on the Building Disposition diagrams are shown as 2 -car garages. However, 1 -car or 3 -car garages are allowed. 14) The Building Disposition diagrams show a yellow shade Indicating building areas; hatched areas indicating secondary building elements that may or may not be pervious; and the remaining space is for Court Yards, or Yards with landscape and hardscape areas and may or may not be pervious -All lots must provide minimum open space listed in the table above. 15) Allowed projections (up to 4') on side and rear setbacks include: chimneys, egress stairs, mechanical, electrical and plumbing equipment, and must be screened from public view, 16) Swimming pools, spas and Jacuzzis are allowed but must be in -ground with formed -concrete shell material, located behind a wall or other structure, screened from public view. Pool terraces or patios at grade with masonry, concrete, stone or tile surfaces are allowed. Raised wood pool decks are prohibited. Reflecting pools, fountains and other decorative landscape water features are allowed anywhere on the lot but must be approved by the town architect or architectural design review board. * = at shared interior Property Line, adjacent lot setback varies: 0' required setback on one side and a greater required setback on other side; buifding types G, H, J are each different (see dimensions in table and plan diagrams) ** = front -loaded garages must be turned sideways or "side -loaded" onto an Auto Court *** = front -loaded garages must be turned sideways or "side -loaded" onto an Auto Court or be setback 50' min. with a side drive. =at shared Interior Property Line, adjacent lot setback varies: 4' minimum required setback on one lot and S' minimum required on the adjacent lot A = Refer to the Building Disposition diagrams - Intent is to keep facades close to the property line, with 8' PS3/ 12' max. PSB at corner lots (Same for Garages) All = Lake/Golf Estate House (L) criteria shown are the minimums. There are 3 Alternates (LI, L2, & L3), where the alternates differ from the minimums listed refer to "Additional Building Type Data for Alternate Design Types" below 127 Attachment 3 LOTSIZE(V —xb).wNimU1t LOT AREA FRONT SETBACKS '` 1 INTERIOR CORNER PRIMARYBLDG SECONDARY BLDG.ELEMEN7S GARAGE(PSB) (PSB) (SSB) MIXELIUSE COMMERCIAL A 7u�s XJ w'gQa80� j 9?13 St :` •3w.+'>65u..ariiJ a i y S�rithv}l i r: l x i% n b UVBWORK UNIT :3. B 24'X80' ., _8 a _ .. , .,�.wr,..mu.l.CYLu ' mia rrs 0' min. n S.t _ ...a.•_.::, .: A'... URBAN TOWNHOUSE -. C ..:._.,..• ...�. v�.�4ritj nA a_ YY hl �)Ya `• 4 ft•di/U . .. ...,..... __...................... NBHD. TOWNHOUSENF ............ ... .. D . s.aY_.: 24' X 80'orI00' — ,,,a. 32' X 80'or100' eemAtc:s9i• i,920 3f .a. 8' min / I2' max^ r 2' 'n-dn. N/A ....... NBHD.TOWNHOUSE•BF .. ... ... F cs 43 �C$Qyf 00 s. c_..,.3." 50 )FS r 00 i.N,.:b,,. ms'3 .D 8hrin 'RNAM �� a _ ................ COURTYARD HOUS&NF G .,a 36' X 80'or) 00' ::.: ... sur 42'X 80'or100' ..:�Yd_._nr,,. 2,880 sf far --2 EQ�z_Qs-..`c. 6' min. �.5_.. 0' min N/A COURTYARD HOUS&BF H rir 0airl 55"J�8'�` T 00 4 "4} bQ00 s� -'a .+ 'f '� - 6 in �i' ti i1n "- } ' tJ/s. A .. .. .... ¢ , �t GOLF COTTAGE 1 50' X 80'or t00' 50' X 80'or100 4,000 sf 36' min. 0' min. 6' min." _ S10EYARD HOUSE J 36' X i.Ob' .. .4'_.' X I ll0' 3,60(f sf 10'.min. 2''min N/A ,l COTTAGE K 42'X 100`' 50'X 100' 4,200 sf 15' min. T min. N/A 3{; IA10E/GOLF ESTATE HO USE"- L "t0Q':X 95."` '= 93" + 5(10sf 15' mil} niui. 6' Hilo. -.. . :..::. .'d{;: >:�:.. .. Exhibit "A" Page 2 of 6 Notes: 1) Primary Setback (PSB) = setback from property tine/ROW line to primary building fayade, front face (wall) of the building mass. 2) Secondary Setback (S5B) = setback from property line to building elements that are allowed within a primary setback or primary structure or garage (building elements include: arcades, colonnades, balconies, porches, terraces, stoops, and roof overhangs) Refer to Building Type Disposition diagrams. 3) Interior Side Setback= setback from shared side property fine to building face (doesn't include end or corner lots abutting streets or open spaces), 4) Building Elements Zone (BEZ) =the area between the Primary Setback and Secondary Setback that allows for limited building elements to occur depending on building type and location. Building Elements include: arcades, colonnades, balconies, awnings, porches, decks, terraces and stoops. 5) Building Coverage= the maximum area of a lot which may be occupied by a structure. (Expressed by ratio/percentage) Arcades, open porches, decks, terraces and stoops are excluded from the calculation. 6) Open Space = the area of a lot that is occupied by natural vegetation, pervious landscaping, and unroofed building elements that have pervious surfaces. (Le.: open wood decking, pervious pavers, gravel, pools, etc.) 7) Impervious Area =the maximum area of a lot which maybe occupied by a structure, building element or impervious surface material. 8) T.U. = a garage that is tucked -under building (rear -loaded); an attached garage with living space above. 9) See plan diagrams (Building Disposition, Sheet A-5) for building envelope. .10) Allowed projections (beyond any setback) include roof overhangs and gutters up to 36" max. and must be 7'4' min. above grade. 11) Minimum Setback= a setback that Is required to be "no less than" the dimension noted but can be greater than, as per the Building Disposition diagrams. 12) Maximum Setback= a setback that is required to be "no greater than" the dimension noted but can be less than, as per the Building Disposition diagrams. 13) All garages labeled on the Building Disposition diagrams are shown as 2 -car garages. However, 1 -car or 3 -car garages are allowed. 14) The Building Disposition diagrams show a yellow shade Indicating building areas; hatched areas indicating secondary building elements that may or may not be pervious; and the remaining space is for Court Yards, or Yards with landscape and hardscape areas and may or may not be pervious -All lots must provide minimum open space listed in the table above. 15) Allowed projections (up to 4') on side and rear setbacks include: chimneys, egress stairs, mechanical, electrical and plumbing equipment, and must be screened from public view, 16) Swimming pools, spas and Jacuzzis are allowed but must be in -ground with formed -concrete shell material, located behind a wall or other structure, screened from public view. Pool terraces or patios at grade with masonry, concrete, stone or tile surfaces are allowed. Raised wood pool decks are prohibited. Reflecting pools, fountains and other decorative landscape water features are allowed anywhere on the lot but must be approved by the town architect or architectural design review board. * = at shared interior Property Line, adjacent lot setback varies: 0' required setback on one side and a greater required setback on other side; buifding types G, H, J are each different (see dimensions in table and plan diagrams) ** = front -loaded garages must be turned sideways or "side -loaded" onto an Auto Court *** = front -loaded garages must be turned sideways or "side -loaded" onto an Auto Court or be setback 50' min. with a side drive. =at shared Interior Property Line, adjacent lot setback varies: 4' minimum required setback on one lot and S' minimum required on the adjacent lot A = Refer to the Building Disposition diagrams - Intent is to keep facades close to the property line, with 8' PS3/ 12' max. PSB at corner lots (Same for Garages) All = Lake/Golf Estate House (L) criteria shown are the minimums. There are 3 Alternates (LI, L2, & L3), where the alternates differ from the minimums listed refer to "Additional Building Type Data for Alternate Design Types" below 127 Attachment 3 Exhibit "A" Done A of F; Notes: 1) Primary Setback (PSB) = setback from property line/ROW line to primary building fayade, front face (wall) of the building mass. 2) Secondary Setback (SSB) = setback from property line to building elements that are allowed within a primary setback or primary structure or garage (building elements include: arcades, colonnades, balconies, porches, terraces, stoops, and roof overhangs) Refer to Building Type Disposition diagrams. 3) Interior Side Setback = setback from shared side property line to building face (doesn't include end or corner lots abutting streets or open spaces). 4) Building Elements Zone (BEZ) =the area between the Primary Setback and Secondary Setback that allowsfor limited building elements to occur depending on building type and location. Building Elements include: arcades, colonnades, balconies, awnings, porches, decks, terraces and stoops. 5) Building Coverage =the maximum area of a lot which maybe occupied by a structure. (Expressed by ratio/percentage) Arcades, open porches, decks, terraces and stoops are excluded from the calculation. 6) Open Space = the area of a lot that is occupied by natural vegetation, pervious landscaping, and unroofed building elements that have pervious surfaces. (i.e.: open wood deckln& pervious pavers, gravel, pools, etc.) 7) Impervious Area = the maximum area of a lot which may be occupied by a structure, building element or impervious surface material. 8) T.U. = a garage that is tucked -under building (rear -loaded); an attached garage with living space above. 9) See plan diagrams (Building Disposition, Sheet A -S) for building envelope: 10) Allowed projections (beyond any setback) include roof overhangs and gutters up to 36" max. and must be 7'-0" min. above grade. 11) Minimum Setback = a setback that is required to be "no less than" the dimension noted but can be greaterthan, as per the Building Dispositlon diagrams. 12) Maximum Setback= a setback that is required to be "no greater than" the dimension noted but can be less than, as per the Building Disposition diagrams. 13) All garages labeled on the Building Disposition diagrams are shown as 2 -car garages. However, 1 -car or 3 -car garages are allowed. 14) The Building Disposition diagrams show a yellow shade indicating building areas; hatched areas Indicating secondary building elements that may or may not be pervious; and the remaining space is for Court Yards, or Yards with landscape and hardscape areas and may or may not be pervious - All lots must provide minimum open space listed in the table above. 15) Allowed projections (up to 4') on side and rear setbacks include: chimneys, egress stairs, mechanical, electrical and plumbing equipment, and must be screened from public view. 16) Swimming pools, spas and Jacuzzis are allowed but must be in -ground with formed -concrete shell material, located behind a wall or other structure, screened from public view. Pool terraces or patios at grade with masonry, concrete, stone or tile surfaces are allowed. Raised wood pool decks are prohibited. Reflecting pools, fountains and other decorative landscape water features are allowed anywhere on the lot but must be approved by the town architect or architectural design review board. * =at shared Interior Property Line, adjacent lot setback varies: 0' required setback on one side and a greater required setback on other side; building types G, H, J are each different (see dimensions in table and plan diagrams) ** = front -loaded garages must be turned sideways or "side -loaded" onto an Auto Court *** = front -loaded garages must be turned sideways or "side -loaded" onto an Auto Court or be setback 50' min. with a side drive. **** = at shared Interior Property Line, adjacent lot setback varies: 4' minimum required setback on one lotand 5' minimum required on the adjacent lot A = Refer to the Building Disposition diagrams - Intent is to keep facades close to the property line, with 8' PSB/ 12' max. PSB at corner lots (Same for Garages) AA = Lake/Golf Estate House (L) criteria shown are the minimums. There are 3 Alternates (Li, L2, & 1.3), where the alternates differ from the minimums listed refer to "Additional Building Type Data for Alternate Design Types" below 128 Attachment 3 LOTSIZE(W:._! MINIMUM Si._,JETBACKS µy.v-�--._-•.' SECONDARY INTERIOR CO RNER LOT AREA PRIMARY BLDG. SECONDARY BLDG. ELEMENTS PRIMARY BLDG. BLDG. GARAGE INTERIOR& INTENOIL(PSB) CORNER(PSB) ELblmm CORNEMPS81 (INTERIORSSB) (CORNER SSB) MIXED-USE COMMERCIAL A a 24*3�g(1're "( ( 10vgg 1-7 ln n 1 i;°� r x' s Hr �jj i r # aD« iaFt w3 u :.li-..+.,.s:.......� .t... ..a ,.�::l i 1'1fi! ..fir... .:. .......Ah•.'�` "` .d2 '0,1,1 .<Ji> ..ftlty Cti'�.FR-Y. :ii�. aa. _.5im%3a u ...u'S.'.:wi:•jn..'' .2�."� C '-:.:.'E'. r°.:..:.... LIVE-WORKUNiT -i': .... ..... URBANTOWNHOUSE B ... C 4'X80' ..::.,.,,-•R,,;r:.._ XtiO 281X80' .--:r_se, 1,920 min _ 0 nun nrk p m nia� m✓4' ?Q�itmr 0' min. 0' min. ?R fQ?i(r%�., i11Qm ,'Q .Z �. w n y w,.. r l#`!s}z!i ails as. 5F 8 ti.sar . Q ycA er ;; NI3RD. TOWNHOUSENF D 24' X 80or 100' 32' X 80'or 100' 1,920 sf 0' min. 0' min. 8' min. T min. 0' min. int,/ 8' min. corner ............. NE!HD. TOWNHOUSE BF F 42 )S $Qo4Q 5p�13P QrkQP� - -- -Nm 3dpa u�?zn,•[ A�E5a;5ic. rx0 hii(i v .^^,.:^ F,-.. J}41nin�,, ;_m_:'tF:a=e. asst ,'.5m-.tJv'c Ors E _: e p a� ��:«xw A'C3".:�•a• . cif.�ix 5, _••;Yw'C' es ;e�ai-G7! ',.. ,Infn$imc}Ieb COURTYARD HOUS&NF O 36'X 80orI00 42 X 80 ur100 2,880 sf 0 min orb mm 0 mIn 1 mm 0 min 0 min cot✓ 1' min corner ....._..... d COURTYARD HOUSBBF Hi(�['�334PCLflp Y INRA ; .$�kk$Oo�tpO. 14h"s.:_., 'd b00`st.- k _ ro!Di n-�o b:.fn11, ON,,- �,�u_ "2 i "4� h�5 ii' T � I �.;�Or .-'' '� -'r-r. iA,.�u�' "�`` . -ta-�r �a•���n1Cti�,:,.... -s rrp •Esxf^•• - A-mmi6t✓ 1-�puP �rnCir' ., GOLF COTTAGE I .�. 50'X80'ar100'S0'X80'or100' -.0 s� ...0 .,., 4,000sf -:-v 5' min. or 5' min. or .,, y: 6- mm. 0, min. 5'niin.int✓6'min.corner t SIDEYARDHOUSE J '36' 100' 42`X.!00": 3,600sf`' 4' min'"" min 6rl0'fitui 4' min.""" - "'0'iiiiri. O'iiiidti�l0'inin`' O'miri. `0°in)ii'` �— COTTAGE K 42'X 100' 50' X I= 4.100.if b' min. Y min. 12' min. 4' min. 3' nein. m`- LAKE/GO[FFSTATEHOtJSE^A L ';:_ :..:" 100 X_05 > _ '..' _ '.: i 9;SOOd, .:;;. .. JO; min: _ :0'.niin. _ 10'!nm . 1:-:i ';:.:ii""`ai.::.i' S ^"lr -0 mut vitV oiin'mrner ,101}X45 Notes: 1) Primary Setback (PSB) = setback from property line/ROW line to primary building fayade, front face (wall) of the building mass. 2) Secondary Setback (SSB) = setback from property line to building elements that are allowed within a primary setback or primary structure or garage (building elements include: arcades, colonnades, balconies, porches, terraces, stoops, and roof overhangs) Refer to Building Type Disposition diagrams. 3) Interior Side Setback = setback from shared side property line to building face (doesn't include end or corner lots abutting streets or open spaces). 4) Building Elements Zone (BEZ) =the area between the Primary Setback and Secondary Setback that allowsfor limited building elements to occur depending on building type and location. Building Elements include: arcades, colonnades, balconies, awnings, porches, decks, terraces and stoops. 5) Building Coverage =the maximum area of a lot which maybe occupied by a structure. (Expressed by ratio/percentage) Arcades, open porches, decks, terraces and stoops are excluded from the calculation. 6) Open Space = the area of a lot that is occupied by natural vegetation, pervious landscaping, and unroofed building elements that have pervious surfaces. (i.e.: open wood deckln& pervious pavers, gravel, pools, etc.) 7) Impervious Area = the maximum area of a lot which may be occupied by a structure, building element or impervious surface material. 8) T.U. = a garage that is tucked -under building (rear -loaded); an attached garage with living space above. 9) See plan diagrams (Building Disposition, Sheet A -S) for building envelope: 10) Allowed projections (beyond any setback) include roof overhangs and gutters up to 36" max. and must be 7'-0" min. above grade. 11) Minimum Setback = a setback that is required to be "no less than" the dimension noted but can be greaterthan, as per the Building Dispositlon diagrams. 12) Maximum Setback= a setback that is required to be "no greater than" the dimension noted but can be less than, as per the Building Disposition diagrams. 13) All garages labeled on the Building Disposition diagrams are shown as 2 -car garages. However, 1 -car or 3 -car garages are allowed. 14) The Building Disposition diagrams show a yellow shade indicating building areas; hatched areas Indicating secondary building elements that may or may not be pervious; and the remaining space is for Court Yards, or Yards with landscape and hardscape areas and may or may not be pervious - All lots must provide minimum open space listed in the table above. 15) Allowed projections (up to 4') on side and rear setbacks include: chimneys, egress stairs, mechanical, electrical and plumbing equipment, and must be screened from public view. 16) Swimming pools, spas and Jacuzzis are allowed but must be in -ground with formed -concrete shell material, located behind a wall or other structure, screened from public view. Pool terraces or patios at grade with masonry, concrete, stone or tile surfaces are allowed. Raised wood pool decks are prohibited. Reflecting pools, fountains and other decorative landscape water features are allowed anywhere on the lot but must be approved by the town architect or architectural design review board. * =at shared Interior Property Line, adjacent lot setback varies: 0' required setback on one side and a greater required setback on other side; building types G, H, J are each different (see dimensions in table and plan diagrams) ** = front -loaded garages must be turned sideways or "side -loaded" onto an Auto Court *** = front -loaded garages must be turned sideways or "side -loaded" onto an Auto Court or be setback 50' min. with a side drive. **** = at shared Interior Property Line, adjacent lot setback varies: 4' minimum required setback on one lotand 5' minimum required on the adjacent lot A = Refer to the Building Disposition diagrams - Intent is to keep facades close to the property line, with 8' PSB/ 12' max. PSB at corner lots (Same for Garages) AA = Lake/Golf Estate House (L) criteria shown are the minimums. There are 3 Alternates (Li, L2, & 1.3), where the alternates differ from the minimums listed refer to "Additional Building Type Data for Alternate Design Types" below 128 Attachment 3 Exhibit "A" Page 4 of 6 LOTSIZE(W�..,.-. MINIMUM REARSETBACKS ....�X. GARAGE BLDG.OPEN I,I7PERV. SECONDARY LDG BLDG INTERIOR CORNER IAT AREA PR[(PSB GARAGE(PSB)5 HEIGHT LOADING OVRG SPACE AREA (SSB) (SSB) M[XELIUSECOMMERC[AL A `-�8 e�i6�+3a3i=o ti�:e .rs'D`Iit6I,z a±� ne. lif?cSeSF.!Lcnm.e.'S°W .�:'i.,..x.µa �1a�[i _d UVEWORKUNIT B 4X80 ?8X80 1,920.f 0'n 4 to Dies 10096 0'X tin. min. 0 m 3 St r Rear lane 100% URBANTOWNHOUSE C )77C50� ''�30.r, d;_ r t'"1' + :*'E' $s' .. �, 0 f6ii��tLt7C t �� ...r% w"km'n•,E,.. � S�rles _n.�`�c{r�lje 70(195 7)!° _* t4)(L'� 3" _^ _.,,. :.3oe_f4 ___ a.., to rc --Car._..._•.. s.. , . ..-.. _ _ ,_ NBHD.TOWNHOUSENF D 24'X80'or100 32'X80'or100' 1,920sf 35'atin. Urnin./4'max. 0 ruin. 2Stories Rear Lane 85% 5% 95% NBHD. TOWNHOUS&BF F 4 ° BOo 1{10 SO 1�SLkoi10 r<m w4m_ -0, null )y: b ` i� 'e0�tnm 75todea t a } r7aneu i 80�Yo • ...._ .. ....... u+n _..: S.,.ix _� .._... ...».-.6t aafi.:a __r_•u.a',. ,.....c �. -..s�,.:.... _ :,•= COURTYARD HOUSFNF G 36'X80brtoo'42'X80'or100' 2,8804 +n -in. 4'ntin. Untin. 2Stories Rear Lane 75% 15% 85% %.g COURTYARDHOUSEBF H 5D jG80:or10b S5 (0or1T)o x,000 aY 7 Imnu ¢rat n 01.%ib t! 25lnriea ((jearLana t ]S G 8�I __ !"!!d ..�S' '..P..aGi-i�_.__ `..y-.ii'CtE _.1 .:,• ,._...___-_ _nnSA.-.nS669a:'v41'w,£�:"fir GOLF COTTAGE 150'X80'or100'50'X80'ort00' 4,000st 10'nttn. N/A O'Mia. 1Stories Street&Auto Court 70% 20% 80% 1' SIDEYARD ..... .. _ _ _o -:- HOUSE :36'X100' ' ia'6Yi6' 1 4?'X.E'00:.:�3',GO _ 4'nun.''iiu f0 O sf> rn "' 0`. I»'m iiidiec " Rrai aana "7096 _ °ib 80% COTTAGE x 4_2' X 100' 50'X 100' 4,200 sf 30 min. 4' mia 0' min. 2 Stories Rear lane 65%30% 70'% 9a LAKE/GOLFESTATE HOUSE^ L - ;100'X:95:: 6 6R? SO - otes: 1) Primary Setback (PSB) =setback from property line/ROW line to primary building facade, front face (wall) of the building mass. 2) Secondary Setback (SSB)= setback from property line to building elements that are allowed within a primary setback or primary structure or garage (building elements include: arcades, colonnades, balconies, porches, terraces, stoops, and roof overhangs) Refer to Building Type Disposition diagrams. 3) Interior Side Setback = setback from shared side property line to building face (doesn't include end or comer lots abutting streets or open spaces). 4) Building Elements Zone (BEZ) =the area between the Primary Setback and Secondary Setback that allowsfor limited building elements to occur depending on building type and location. Building Elements include: arcades, colonnades, balconies, awnings, porches, decks, terraces and stoops. 5) Building Coverage =the maximum area of a lot which maybe occupied by a structure. (Expressed by ratio/percentage) Arcades, open porches, decks, terraces and stoops are excluded from the calculation. 6) Open Space =the area of a lot that is occupied by natural vegetation, pervious landscaping, and unroofed building elements that have pervious surfaces, (i.e.: open wood decking, pervious pavers, gravel, pools, etc.) 7) Impervious Area = the maximum area of a lot which may be occupied by a structure, building element or impervious surface material. 81 T.U. = a garage that is tucked -under building (rear -loaded); an attached garage with living space above. 9) See plan diagrams (Building Disposition, Sheet A-5) for building envelope. 10) Allowed projections (beyond any setback) include roof overhangs and gutters up to 36" max. and must be 7'-D" min. above grade. 11) Minimum. Setback= a setback that is required to be "no less than" the dimension noted but can be greater than, as per the Building Disposition diagrams. 12) Maximum Setback = a setback that is required to be "no greater than" the dimension noted but can be less than, as perthe Building Disposition diagrams. 13) All garages labeled on the Building Disposition diagrams are shown as 2-cargarages. However, 1 -car ora -car garages are allowed. 14) The Building Disposition diagrams show a yellow shade indicating building areas, hatched areas indicating secondary building elements that may or may not be pervious; and the remaining space is for Court Yards, or Yards with landscape and hardscape areas and may or may not be pervious - All lots must provide minimum open space listed in the table above. 15) Allowed projections (up to 4') on side and rear setbacks include: chimneys, egress stairs, mechanical, electrical and plumbing equipment, and must be screened from public view. 16) Swimming pools, spas and Jacuzzis are allowed but must be in -ground with formed -concrete shell material, located behind a wall or other structure, screened from public view. Pool terraces or patios at grade with masonry, concrete, stone or tile surfaces are allowed. Raised wood pool decks are prohibited. Reflecting pools, fountains and other decorative landscape water features are allowed anywhere on the lot but must be approved by the town architect or architectural design review board. * = at shared Interior Property Line, adjacent lot setback varies: 0' required setback on one side and a greater required setback on other side; building types G, H, J are each different (see dimensions in table and plan diagrams) *" = front -loaded garages must be turned sideways or "side -loaded" onto an Auto Court *** = front -loaded garages must be turned sideways or "side -loaded" onto an Auto Court or be setback 50' min. with a side drive, **** = at shared Interior Property Line, adjacent lot setback varies: 4' minimum required setback on one lotand S' minimum required on the adjacent lot A = Refer to the Building Disposition diagrams- Intent is to keep facades close to the property line, with 8' PSB/ 12' max. PSB at corner lots (Same for Garages) AA = Lake/Golf Estate House (L) criteria shown are the minimums. There are 3 Alternates (i3, 12, & 1.3), where the alternates differ from the minimums listed refer to "Additional Building Type Data for Alternate Design Types" below 129 Attachment 3 t . D61GN WAIVERS 1. ROAOR.aw.STANDARDS A.MwIMUMR.O.W. WIDTH IL ROADWAY WIDTHS •LOCAL/ ONE WAY -LOCAL/TWO WAY AM. TWO WAY Exhibit "A" Page 5 of 6 IRCCO PROVIDENCE - N AUS - 25' REAR ALLEYS (20' MIN, AT CONSTRICTED AREAS] •� - 50' LOCAL - • 3S ONE WAY LOCAL -LOCILLROADS - 43'. 4S, 48'. 49' TWO WAY NEIGHBORHOOD STREET -WIWO WAY NEMHBORHOODSTREETS • 67W117MVXA14-LOCAL - 6S TWO WAY NDGHBORHOOD STREW -62-rTwo WAYBOULEVARD WITH IaMMN - WTWO WAY BOULEVARD WITH 10' MEDIAN - IP 14'.4'CLEARZONE (35'R.O.W.} • 14' W/ T ON•STREETPARKING, 2S CLEAR JOKE (35' R.O.W j - 27 •27 W/ 4' BIKE LANES, 28 CLEAR ZONE (4T R.O.W.) - 20' W1,17 BIKE LANES. B' ON-STREEI PARKING. 2S CLEAR ZONE 149AND 66' R.O.W j - 27.4'CLEAR ZONE 143.48'. AND 60' R.O.W.) - 2Z W/ IT ON-STRELTPARKING. 2S CLEAR 2014E (43' AND 60 R.O.Wj 17 W/ 4' BIKE LANES, (EDP TO MEDIAN CURB). 2-T CLEAR ZONE (67 B R.O.W.) • I7W/ C BIKE LANES AND V ON-SIREEFPAR KING. (EOP TO ME NAN CURB), 28 CLEAR ZONE (80' R.O.W') -19 - ISTWO WAY RESIDENTIAL ALLEY. NO CUR8.7 CLEAR ZONE IN R.O.W.) • NOTE ALL ROAD WIDTHS MEASURED TO EDP AND NOT FACE OF CURB, EXCEPT AT MEDIANS. ALL ROADS TO HAVE CURB WITH MIN. 12- GLITTER (18 NOD P2• EXCEPT AT MEDIANS WHICH MAY HAVE C V CURB C.AWLMUMIGERSECTION RAOB 40CALIAILEY -2.7 AOCAL/ LOCAL -37 D. DRIVEWAY SPACING- - S0• ON LOCAL ROADS EROADWAYALIGNMENT/INTERSECTIONS-CURVEDSTREETS MUST HAVE IOD' SIRAIGHT TANGENT 90.2 ANGLE AT INTERSECTIONS -MIN. 250'Cl. JOGS F. RIGHT-0FWAY AT INTERSECTIONS - 2S RADII AT liMRSECING R.O.WAI NES G. DEADEiD CONDITIONS 4DC4 ROAD MAX LENGTH _ 5W' W1 CUL-D&SAC -ALLEY-MAX. LENGTH - PROHIBITED H. R.O.W.-MBN. ROAD IMPROVW245 -LOCAL - 2LANE PAVED ROAD L DESIGN SPEED -LOCILLROADS -30MPH: ROAD LENGTH aI= - 2O MPR: ROAD LENGTH 71000' J. GATE DESIGN STANDARDS -7O'/ZSSEMACKSAND PROVIDE TURN -AROUND K ON -STREET PARKING 4OCAL -NO 2. LANDSCAP GN WAIVERS A. -PD. BUFFER OPAQUE A -PD. BUFFER/ USA BUFFER C,- RESIDENTIAL LOT/ TREE - OPAQUE BUFFER AT P.D. PERIMETER - CONTINUOUS BUFFER AT P.D. PERIMETER (2i CANOPY TREES PER. SINGLE FAMILY LOT 3. ff MW 5MEMANAGEMEMWANRS A. 1AINNANCEAEMENT -CONIINUOUSALONG SWMA PERIMETER -1S - p. 1-7 (RESIDEINMAL DRIVEWAY TO LOCAL ON ALLEY) -4' (RESIDENTIAL DRIVEWAY TO RFSIDENTAL DRIVE WAY ON ALLEY( E MULTI -FAMILY HOMES -SO' CENTER TO CENTER (DRIVEWAY TOORIVEWAY ON LOCAL) - SO' CENTER TO CENTER ROCAL TO DRIVEWAY ON LOCAU • CURVED STREEM MAY PASS THROUGH INTERSECTION IF PROPER STOPPING SIGHT DTSTANCELS PROVIDED (40' PER MUTCD 19_F_ZC). -SKEWED INTERSECTION PERMITTED WIH PROPER SIGNS. PAVEMENT MARKINGS. PROPER STOPPING SIGHT DISTANCE PROVIDED (6TPER MUTCD W-EaC(, AND 2S MIN. LONG PERPENDICULAR ROAD TRANSITION FROM STOP BAR - 57 CENTER TO CENTER MIN. CA. JOGS ATINIFRNAL LOCAL ROADS • 0' PACT • 14 -Wt WITH CUL-DE-SAC (ATYPICAL - ONLY ONE CIRCUMSTANCE PROPOSED). SO' MAX. W/'DEAD END -OR 150' MAIL TO TURN AROUND (FOR PASSENGER CARS AS DESIGN VELKAEI. - NO PAVED ROAD REQUIRED AT A4EWr (PURPOSELY DESIGNED R.O.W. WITHOUT PAVED ROADS) PROVIDED THAT: - PEDESTRIAN ACCESS PROVIDED. • ADEQUATE FIRE PROIECTI0N1 STABILIZED FIRE LANES PROVIDED. -REAR PAVED /LLLEYSPROVIDED TOSERVE LOTS WITH FRONTAGE ON UNPAVED R.O.W. - 20 MPH - DESIGN AND POSTED -20 MPH - DESIGN AND POSTED - AT PUBLIC WE ACCESS GATES - MEET IRC STANDARDS AT-RESIDfWONLY' GATES, PROVIDE 14'/ 2S 3EBACKS AND NO TURN•ARMD. PROVIDED IHAF. -'NO WGHTTURNMCEPTRTSIDENLS'POSTED -'DO NOT EMDR/ RES'DEMS ONLY"POSTED - LOCATEDAT LEG OF 3 LEG MINIMUM LOCAL ROAD INTERSECTION. WHICH WILL PROYIDE EFFECBVE TURN -AROUND ASNTY. - PROVIDE KEY FUNCTION KNOX ENTRY SYSTEM - YES- PROVIDED THATALL PARKING REQUIREMENTS FOR USES PROPOSED ARE MET VIA A SUM OFICOMBWATION OF BOTH OFF SIRES AND/ ON-MEEF PARKING. VIEW WINDOWS PERMITTED AT VIEWSHEDS AND ARCHITECTURAL ELEMENTS NO BUFFER AT NORTH IOW OF TRACT 19 (AGRICULTURAL USE OUIPARCELJ - PROVIDED THAT USES ARE CONSISTENT WPM A -I ZONING OISIRICT PROPOSED IN THE NORM 10017. - I I J UNDERSTORY/ACCENT TREE PER SINGLE FAMILY LOT AND STREET TREES AT 1 TREE PER 50' - INTERRUPTIONS/ NON -CONTINUOUS AT SPECIFIC AREAS - REAR OF HOTEL. AMPMTHEATER. CLUBHOUSE; OTHER MISCELLANEOUS WATER DEPENDENT STRUCTURES/ USES. (REVIEW CASE BY CASE AT PRELIMINARY PD.) 130 Attachment 3 a Exhibit "A" F Page 6 of 6 Although PD. zoning district parameters are flexible, certain standards related to uses, compatibility (buffering), infrastructure improvements, dimensional criteria and open space apply to all PDs. Those standards are set forth in Chapter 915 (P.D. Ordinance) of the county's land development regulations (LDRs). Based on the proposed conceptual PD plan, Chapter 915, and Objective 18, the proposed PD district for the subject site contains the special elements identified in the table below. The table lists various zoning district criteria for comparison purposes. 131 Attachment 3 DISTRICTS USES PROPOSED PD RM -3 DISTRICT A-1 DISTRICT DISTRICT Single -Family Permitted Permitted Permitted Multi -Family Permitted Permitted Not Allowed Personal Services Permitted in Market Not Allowed Not Allowed Place with Conditions Commercial Uses Permitted in Market Not Allowed Not Allowed Place with Conditions Retail Permitted in Market Not Allowed Not Allowed Place with Conditions . Office (medical & Permitted in Market Not Allowed Not Allowed professional) Place with Conditions Restaurant Permitted in Market Not Allowed Not Allowed Place with Conditions Health and Fitness Permitted in Market Administrative Permit Not Allowed Place with Conditions Institutional Uses Permitted with Special Exception and Special Exception and Conditions Administrative Permit Administrative Permit Day Care Center Permitted in Market Special Exception Administrative Permit Place with Conditions Hotel Permitted in Not Allowed Not Allowed Commercial Area with Conditions Place of Worshi Permitted Administrative Permit Permitted Public Park Permitted Administrative Permit Administrative Permit 131 Attachment 3 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, FURTHER EXTENDING THE DEADLINE BY FIVE (5) YEARS FOR THE PROVIDENCE POINTE PDTND DEVELOPMENT PROJECT TO COMMENCE CONSTRUCTION OR HAVE THE ZONING DESIGNATION REVERT TO THE SITE'S ORIGINAL (PRE -PLANNED DEVELOPMENT APPROVAL) ZONING DESIGNATION(S); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida, approved the Providence Pointe Planned Development Traditional Neighborhood Design (PDTND) project with a requirement that the project site's PDTND zoning designation shall revert to the site's original zoning designation(s) if project construction did not commence within seven (7) years; and WHEREAS, the project owner/developer has requested that the Board grant a five (5) year extension of the zoning reverter deadline; and WHEREAS, the extension request was received prior to the zoning reverter deadline of August 20, 2020; and WHEREAS, the Board finds it reasonable to retroactively extend the zoning reverter deadline; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning reverter deadline for the Providence Pointe PDTND project is extended for a period of five (5) years with a new deadline of August 20, 2025 [revises Ordinance 2013- 011]. This ordinance shall become effective upon filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 6`h day of September, 2020, for a public hearing to be held on the 22"d day of September, 2020, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Susan Adams Vice Chairman Joseph E. Flesher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Susan Adams, Chairman 132 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller MM Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Director 133 /0 A, 20 CD C � to O � NCD C� 0 fD CD C � to � y C� 0 0 4 n 6 CJ1 CD -MST Ct 04) t N�b 7 C� x 0 b 58'1' Avenue 58TH nv pws � t -Me - N 133 A AL CD CD e --r CD CDO r -r- CL CSD CD O UR. CD 0 CD CDC CSD N O N O CSD � CSD CD O CD r+ CD C CD CD t� CD CD O Ct4 EtM SCD CD el CSD CD CD O CD ems+ � r+ n N � O N CCD O W b CD d � CD CD CD �d O CD N .P., IA,;7-151 O � CD CD CD CD O CCD O O O CD N n CCD O CD O CD CD � CD CD O r+ � O O .P., IA,;7-151 MEMORANDUM TO: Board of County Commissioners THROUGH: Robin Miller, Housing Program Manager FROM: William K. DeBraal, Deputy County Attorney DATE: September 17, 2020 SUBJECT: Approval of Public Housing Agency 5 -Year and Annual Plan, Administrative Plan, Certifications and Accompanying Resolution Indian River County participates in various US Department of Housing and Urban Development (HUD) programs. According to HUD guidelines, the County's Housing and Rental Assistance Department meets the definition of a Public Housing Agency (PHA) which makes the County eligible for federal housing funds. While federal regulations govern the program, our participation satisfies the Housing Element contained in the County's Comprehensive Plan, Chapter 7. In order to comply with program guidelines, every 5 years the County must submit its updated 5 -Year Plan to HUD. The PHA 5 -Year and Annual Plan updates the County's existing Plan by revising goals to increase private sector program participation and provide increased services to veterans. The Administrative Plan for the Housing Choice Voucher Program, formerly known as Section 8 Housing has also been updated to comply with HUD federal regulation changes. Additionally, the Enterprise Income Verification System is being used to analyze client data to verify income reported by applicants. Federal regulations require the Board to approve by resolution the PHA 5 -Year and Annual Plan. The Community Development Director is also required to sign the Civil Rights Certification and the PHA Certifications of Compliance with PHA plans and Related Regulations. The Five Year and Annual Plan, along with the Administrative Plan for the Housing Choice Voucher Program referenced above and in the attached resolution consists of hundreds of pages and can be viewed during regular business hours at the County Attorney's Office. 134 Funding: There is no funding associated with this matter. Recommendation. Staff recommends the Board approve the resolution adopting the PHA 5 -Year, Annual Plan and the HCV Administrative Plan and authorize the Chairman or the Community Development Director to execute the resolution, Civil Rights Certification and the PHA Certifications of Compliance with PHA plans and Related Regulations on behalf of the Board. Copies to: Phil Matson, Community Development Director Robin Miller, Housing Program Manager 135 A. I PHA Information. A.1 I PHA Name: Indian River County Board of Commissioners PHA Code: FL132 PHA Plan for Fiscal Year Beginning: 10/01/2021 PHA Plan Submission Type: ® 5 -Year Plan Submission ❑ Revised 5 -Year Plan Submission Availability of Information: Indian River County Board of Commissioners HCV Program Five — Year Plan, Annual Plan, HCV Administrative Policy and all other elements are available for review by the public at the address listed below between the days and hours of Tuesday, Wednesday and Thursday from 8:00 am till 4:00 pm: Indian River County Board of Commissioners Rental Assistance 1800 271" Street, Admin Building B Vero Beach, Florida 32960 ❑ PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program PH HCV Lead PHA: N/A N/A N/A N/A N/A N/A B. I 5 -Year Plan. Required for all PHA's completing this form. 136 B.1 Mission. State the mission for serving the needs of low- income, very low- income, and extremely low- income families in the jurisdiction for the next five years. The Indian River County Board of Commissioners HCV Program is committed to partnering with private owners and property managers in an efficient professional and ethical manner as a team effort to provide decent, safe, sanitary and affordable housing for the clients that we serve in this community and to enhancing the housing stock for under privileged and low income, including seniors' and To assist and prepare low to moderate income residents in making a transition to a greater financial security; and To provide our clientele with empathy, dignity and responsive customer service; and To provide the highest quality customer service, with uncompromised integrity. 13.2 Goals and Objectives. Identify the quantifiable goals and objectives that will enable the Agency to serve the needs of low- income, very low- income, and extremely low-income families for the next five years. Current goals and objectives: I. EXPAND THE SUPPLY OF ASSISTED HOUSING BY: • APPLYING FOR ADDITIONAL VOUCHERS INCLUDING VASH AS THEY BECOME AVAILABLE FROM HUD OR ANY OTHER STATE FUNDED PROGRAM; • CONDUCTING OUTREACH EFFORTS TO POTENTIAL LANDLORDS. 2. IMPROVE THE DUALITY OF ASSISTED HOUSING BY: • FOCUSING EFFORTS TO IMPROVE SPECIFIC MANAGEMENT FUNCTIONS, SUCH AS RENT REASONABLENESS REVIEWS. INCOME VERIFICATIONS, VOUCHER UNIT INSPECTIONS AND APPROPRIATE RESPONSE TO PROGRAM VIOLATIONS. 3. PROMOTE SELF-SUFFICIENCY AND ASSET DEVELOPMENT OF ASSISTED HOUSEHOLDS BY: • PROVIDING OR ATTRACTING SUPPORTIVE SERVICES TO IMPROVE RECIPIENTS' EMPLOYABIUTY AND TO EDUCATE RECIPIENTS' ON HOMEOWNERSHIP PROGRAMS. 4. ADMINISTRATION OF THE HCV PROGRAM WITH EXCELLENCE BY: • MAINTAINING 95% OR BETTER UTILIZATION RATE; • PROVIDING DUALITY SERVICE TO CUSTOMERS AND CLIENTS THROUGH OPEN COMMUNICATION, WORKSHOPS AND/OR MEETINGS TO EXPLAIN THE HOUSING CHOICE VOUCHER PROGRAM AND OTHER OPPORTUNITIES; 13.3 Progress on meeting the goals and objectives: I. Expanded and increased the supply of assisted housing: • HUD allocated an additional 31 VASH Vouchers for homeless veterans in Indian River County; IRC HCV Program now admisters 46 VASH vouchers total. 2. Improved the quality of assisted housing: • Set payment standards to an amount in order to attract quality housing from owners on the private market: • Inspected units every six to 12 months as needed; • Continued to encourage portability to clients that want to move to other jurisdictions for improved housing needs. 3. Promoted self-sufficiency and asset development for our assisted households: • Partnered with additional supportive service agencies and homeownership agencies in providing participants with the availability to purchase their awn home and to continue their education. 4. Administration of the HCV program: • Earned the HUD SEMAP High Performer by utilizing the budget authority at 98% or better; • Provided training for staff throughout the fiscal year with Health Advocate, such as: Anger Management, Stress Management and numerous other trainings offered to enhance the customer services that the Rental Assistance HCV Program provides. 13.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the goals, activities objectives, policies, or programs that will enable the Agency to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. Indian River County Rental Assistance HCV Program has a Memorandum of Agreement to Collaborate with Safespace by providing referrals to Safespace depending on the need. In addition, Indian River County Board of Commissioners HCV Program provides VAWA information regarding the tenant rights at lease up and at annual recertifications. Flyers are posted in the office with detailed information on howto obtain assistance if needed. B.5 Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5 -Year Plan. Indian River County Rental Assistance HCV Program defines "Significant Amendments" would be changes to Federal Regulations that may be required by HUD and any changes to the HCV Admin Policy which would significantly and substantially alter the HCV Program mission; and Indian River County Rental Assistance -HEV Program defines "Substantial Deviation/Modification" as a fundamental change to the HCV Program mission statement, goals or objectives identified in the Five Year and Annual Plan. Indian River County Board of Commissioners HCV Program has no "Significant Amendments" or and "Substantial Deviation/Modifications to the mission statement, goals and objectives on the five year and annual plan, 137 B.6 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the 5-Year PHA Plan? Y N ❑ ❑ (b) If yes, comments must be submitted by the PHA as an attachment to the 5-Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. N/A-No response B.7 Certification by State or Local Officials. (attached) Form HUD 50077-SL, Certification by State or Local Officials of Agency Plans Consistency with the Consolidated Plan, must be submitted by the Agency as an electronic attachment to the Plan. 138 Instructions for Preparation of Form HUD -50075-5Y 5 -Year PHA Plan for All PHAs A. PHA Information 24 CFR &903.23(4)(e) A.1 Include the full PHA Name, PHA Code, , PHA Fiscal Year Beginning (MM/YYYY), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the hearing and proposed PHA Plan. PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. B. 5 -Year Plan. B.1 Mission. State the PHA's mission for serving the needs of low- income, very low- income, and extremely low- income families in the PHA's jurisdiction for the next five years. (24 CFR 003.6(a)(1)) B.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low- income, very low-income, and extremely low-income families for the next five years. (24 CFR &903.6(b)(1)) For Qualified PHAs only, if at any time a,PHA proposes to take units offline for modernization, then that action requires a significant amendment to the PHA's 5 -Year Plan. B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5 - Year Plan. (24 CFR 003.6(b)(2)) B.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA's goals, activities objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. (24 CFR §903.6(a)(3)) B.5 Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5 -Year Plan. B.6 Resident Advisory Board (RAB) comments. (a) Did the public or RAB provide comments? n/a no response (b) If yes, submit comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations. (24 CFR 003.17(a), 24 CFR 003.19) This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act which added anew section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5 -Year PHA Plan. The 5 -Year PHA Plan provides the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families and the progress made in meeting the goals and objectives described in the previous S -Year Plan. Public reporting burden for this information collection is estimated to average .76 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit The information requested does not lend itself to confidentiality. 139 Purpose. The 5 -Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD -50075 -HCV is to be completed annually by HCV -Only PHAS. PHAS that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAS. Definitions. (1) High -Performer PHA — A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HC19 Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled. A. PHA Information. A.1 PHA Name: Indian River County Board of Commissioners PHA Code: FL132 PHA Plan for Fiscal Year Beginning: (MM/YYYY): 10/2021 PHA Inventory: N/A Number of Housing Choice Vouchers (HCVs) 391 (345 reg and 46 VASH). PHA Plan Submission Type: ® Annual Submission ❑Revised Annual Submission Availability of Information: Indian River County Board of Commissioners HCV Program Five — Year Plan, Annual Plan, HCV Administrative Policy and all other elements are available for review by the public at the address listed below between the days and hours of Tuesday, Wednesday and Thursday from 8:00 am till 4:00 pm: Indian River County Board of Commissioners Rental Assistance 1800 27' Street, Admin Building B Vero Beach, Florida 32960 ❑ PHA Consortia: Check box if submittin a joint Plan and complete table below Participating PHAS PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program Lead HA: N/A N/A N/A N/A N/A 140 141 B. Annual Plan. B.1 Revision of Agency Plan Elements. (a) Have the following Agency Plan elements been revised since its last Annual Plan submission? No revisions Y N ❑ ® Housing Needs and Strategy for Addressing Housing Needs. No revisions ❑ ® Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. No revisions ❑ ® Financial Resources. No revisions ❑ ® Rent Determination. No revisions ❑ ® Operation and Management. No revisions ❑ ® Informal Review and Hearing Procedures. No revisions ❑ ® Homeownership Programs. N/A ❑ ® Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. N/A ❑ ® Substantial Deviation. No revisions ❑ ® Significant Amendment/Modification. No revisions (b) If the PHA answered yes for any element, describe the revisions for each element(s): N/A revisions B.2 New Activities (a) Does the Agency intend to undertake any new activities related to the following in the current Fiscal Year? N/A Y N ❑ ® Project Based Vouchers. N/A (b) If this activity is planned for the current Fiscal Year, describe the activities. Provide the projected number of project -based units and general locations and describe how pro'ect-basing would be consistent with the Plan. B.3 Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N N/A 110 El (b) If yes, please describe: n/a- No findings BA Civil Rights Certification Form HUD -500771 PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. (attached) B.5 Certification by State or Local Officials. Form HUD 50077-S L, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (attached) 141 BA Progress Report. Provide a description of the PHA's progress in meeting its Mission and Goals described in its 5 -Year PHA Plan. Indian River County Board of Commissioners HCV Program since the last 5 -year plan has assessed the mission and goals outlined in the plan annually and has accomplished all specific goals outlined, as follows; I. Expanded and increased the supply of assisted housing: • HDD allocated an additional 31 VASH Vouchers for homeless veterans in Indian River County; IRC now administers 46 VASH vouchers; 2. Improved the quality of assisted housing: • Set payment standards to an amount in order to attract quality housing from owners on the private market; • Inspected units every six to 12 months as needed; • Continued to encourage portability to clients that want to move to other jurisdictions for improved housing needs. 3. Promoted self-sufficiency and asset development for our assisted households: • Partnered with additional supportive service agencies and homeownership agencies in providing participants vdth the availability to purchase their own home and to continue their education. 4. Administration of the HCV program: • Earned the HDD SEMAP High Performer by utilizing the budget authority at 98% or better, Provided training for staff throughout the fiscal year with Health Advocate, such as: Anger Management, Stress Management and numerous other trainings offered to enhance the customer services that the Rental Assistance HCV Program provides. No changes to the Mission and Goals. B.7 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? Y N ❑❑n/a (a) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. N/A -No response; 142 Instructions for Preparation of Form HUD -50075 -HCV Annual PHA Plan for HCV Only PHAs A. PHA Information. All PHAs must complete this section. (24 CFR 003.230)(e)) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR 5943.128(a)) B. Annual Plan. All PHAs must complete this section. (24 CFR 003.1 l(c)(3)) B.1 Revision of PHA Plan Elements. PHAs must: no revisions of the plan have been implemented; Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the `yes" box. If an element has not been revised, mark "no." ❑ Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income families who reside in the PHA's jurisdiction and other families who are on the Section 8 tenant -based waiting list. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR 8903.7(a)(D and 24 CFR §903.7(a)(2)(i)). Provide a description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. 24 CFR §903.7(a)(2)(iil NO CHANGES TO THE HOUSING NEEDS AND STRATEGY -ATTACHED ❑ Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement ofthe PHA's policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) N/A ❑ Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA's anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant -based assistance. The statement also should include the non -Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c)) ONLY RECEIVE HUD FUNDING FOR HCV — ATTACHED ❑ Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant -based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR &903.7(d)) ADDRESSED IN THE ADMINISTRATIVE POLICY ❑ Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR 003.7(e)(3)(4)). OPERATED BY THE COUNTY ❑ Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR 003.7(f1) ADDRESSED IN THE ADMINISTRATIVE POLICY ❑ Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR 4903.7(k)) N/A ❑ Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA's partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA's partnerships with other entities, and activities under section 3 of the Housing and Community Development Act of 1968 and under requirements for the Family Self -Sufficiency Program and others. Include the program's size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR &903.7(1)(1)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR 003.70)(iii)). N/A - El Substantial Deviation. PHA must provide its criteria for determining a "substantial deviation" to its 5 -Year Plan. (24 CFR 003.7(r)(2)(0) ATTACHED NO REVISIONS ❑ Significant Amendment/Modification. PHA must provide its criteria for determining a "Significant Amendment or Modification" to its 5 -Year and Annual Plan. Should the PHA fail to define `significant amendment/modification', HUD will consider the following to be `significant amendments or modifications': a) changes to rent or admissions policies or organization of the waiting list; or b) any change with regard to homeownership programs. See guidance on HUD's website at: Notice PIH 1999-51. (24 CFR 003.7(r)(2)(ii)) NO REVISIONS If any boxes are marked "yes", describe the revision(s) to those element(s) in the space provided. B.2 New Activity. If the PHA intends to undertake new activity using Housing Choice Vouchers (HCVs) for new Project -Based Vouchers (PBVs) in the current Fiscal Year, mark `yes" for this element, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake this activity, mark "no." (24 CFR 083.57(b)(1) and Section 8(13)(C) of the United States Housing Act of 1937. N/A ❑ Project -Based Vouchers (PBV). Describe any plans to use HCVs for new project -based vouchers. If using PBVs, provide the projected number of project -based units and general locations, and describe how project -basing would be consistent with the PHA Plan. 143 N/A B.3 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark `yes" and describe those findings in the space provided. (24 CFR 003.11(c)(3), 24 CFR 003.7(p)) NO FINDINGS/N/A B.4 Civil Rights Certification. Form HUD -50077, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if. it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction's initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR 003.7(o)) ATTACHED B.5 Certification by State or Local Officials. Form HUD -50077 -SL, Certification by State or Local Officials ofPHA Plans Consistency with the Consolidated Plan, including the manner in which the applicable plan contents are consistent with the Consolidated Plans, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR &903.15) ATTACHED B.6 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA's progress in meeting the mission and goals described in the 5 -Year PHA Plan. (24 CFR 003.11(c)(3), 24 CFR 003.7(r)(1)) ATTACHED B.7 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark `yes," submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations. (24 CFR 003.13(c), 24 CFR 003.19) NO RESPONSE This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section SA to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families. Public reporting burden for this information collection is estimated to average 4.5 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit The information requested does not tend itself to confidentiality 144 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE INDIAN RIVER COUNTY HOUSING CHOICE VOUCHER PROGRAM FIVE YEAR, ANNUAL AND ADMINISTRATIVE POLICY WITH THE NECESSARY ATTACHMENTS. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires a Five Year and Annual Plan; and WHEREAS, Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 created the agency Five Year and Annual Plan requirements; and WHEREAS, the Indian River County Board of County Commissioners Rental Assistance Department Housing Choice Voucher (HCV) Program Five Year and Annual Plan will include attachments and supporting documents, such as, HCV Administrative Plan and required certifications; and WHEREAS, all public comments have been taken into consideration and the Indian River County Board of County Commissioners Rental Assistance Department has documented, prepared and submitted all necessary changes, as appropriate; and WHEREAS, the Indian River County Board of County Commissioners Rental Assistance Five-year plan for fiscal year 2021 through 2025, Annual Plan and Administrative Plan with necessary attachments, certifications and supporting documents will take effect October 1, 2020; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The Indian River County Board of County Commissioners accepts, approves and adopts the IRC HCV Program Five Year Plan, Annual Plan, Administrative Plan and necessary attachments hereto, effective October 1, 2020 and used by staff to appropriately administer the Housing Choice Voucher Program. 145 The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Fletcher Commissioner Bob Solari Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 22nd day of September, 2020. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney Susan Adams, Chairman 146 1061 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission L NAME OF INDIVIDUAL OR ORGANIZATION: Lt Col Bill Woody - Civil Air Patrol 4825 48th Ave Vero Beach, FL 32967 PHONE: 772-532-6737 ADDRESS: Civil, Air Patrol in Indian River County" Presentation SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? a YES � NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? N/A ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ YES F 7vNO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form ✓ E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown Sept.22, 2021 147 /,0, g, 0 400m am L Q a O c O -� aD c c: 3: .0 .� O 0 > E Q C6 0_ O O 00 i N CU E O > c O cnO > U'- 0 � C:� CU U cn 0 .i L. --C:>1CU O O �N 0 E cn U Qom. -o W O 1= c -3 E O OC: O 0. � O O C E L O O O 0 U Q) Cn 0 W W 0 •� C: M 0 QL O U 'O VO J CL N U O LL Q 4- 0 L . X El rl i ME LM 0 as CLJV i-" i a) cn cu cn i5 75- c cu N a) cu cuL a) m U cu O CL 4- 0 tfO (u L U N a) W vie I .N E L Q O O CL CD .cc L O L AlAl .cu L M O v a) U Q cn 0 c cu cn E cu O L 0 - cu W, u O .cn .E L- 0 0 cn Q U L }' cu E U N O •L E .� cn Mea O 0) . 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By Martha Kine Apri122, 2019 A Civil Air Patrol cadet takes her first orientation flight in a CAP glider.Couriesy King Schools The threat from Axis submarines prowling the East Coast of the United States was scary and very. real. Onshore shelling terrorized civilians, but the real low -hanging fruit for the submarines was on the seas. By as early as August 1942, Axis subs had caused the loss of thousands of lives, mainly merchant mariners, and sunk more than 600 ships totaling 3 million tons. Winston Churchill was quoted as saying, "The only thing that really frightened me during the war was the U-boat peril." 11{7-40 Flying enthusiast Gill Robb Wilson, who later became editor and publisher of Flying Magazine, saw how general aviation could help turn the tide. The plan was to have private airplanes patrol the coast to spot submarines, which at that time had to spend most of their time on the surface. Wilson took up a leadership role in making it happen. When asked why the German Navy abandoned operations off America's coast, a German admiral was quoted as saying, "It was because of those damned little airplanes!" Some 77 years later, Wilson's "little airplanes" have become the Civil Air Patrol. They are still being used to provide a myriad of missions that can only be done with general aviation airplanes to the Air Force and to communities throughout the United States. As a current pilot you can use your hard-earned knowledge and skills to fly CAP airplanes for something far more rewarding than going for a hundred -dollar hamburger. You won't be paid for your flying, but on the other hand, on missions you won't have to pay for the cost of the airplane. Because all CAP pilots, including instructors, are volunteers, any flight instruction you receive to get qualified for missions will be free of charge. Your cost will be the fuel and a flat maintenance fee which is much less than the normal rental rate. The good news is you can fly the aircraft to keep current or get a new license or rating on the same terms. The downside to all of this is that if your sole motivation is to get cheap flying, it won't really work out for either you or the CAP. There is a non -flying -time commitment required. Most CAP squadrons meet an average of two hours each week, with a specialty/training activity one to two weekends a month. You also will have to pay dues. And while you are flying, you will be expected to wear a CAP uniform — which, for the uniform -phobic, could consist of just a CAP polo shirt along with gray slacks and black shoes. The Civil Air Patrol operates the largest general aviation fleet in the world.CouriesvKing Schools When the CAP recently asked me to serve on its Board of Governors, I was very honored, but at the same time embarrassed. I realized that while I had seen CAP airplanes around airports for years, I really didn't know much about the organization. It was time for me to go to school on the subject, and study hard. The CAP gave me a head start by having me attend the National Conference in Anaheim, California. It was like drinking from a fire hose. I slowly began to get an idea of the magnitude of the Civil Air Patrol. With 560 airplanes, it is the largest general aviation fleet in the world. After my first board meeting, the CAP continued its efforts to educate me. It sent me to school at Maxwell Air Force Base, the headquarters of the CAP, where I spent two days learning from managers about what their various departments were doing. It was especially fun for me to be there because it is the same place my father went to school when he was in the Air Force. First, CAP airplanes are used to support the U.S. Air Force by flying missions at a fraction of the cost the Air Force would otherwise incur. They are often used as interception targets for training fighter jet and helicopter pilots. Plus, they are used to support Predator and Reaper drone operations. For instance, they escort Predators in controlled airspace to /,/I,, 0\ provide the required see -and -avoid function until the Predators' own see -and -avoid capability is tested and proven. Another drone -related mission involves equipping Cessna 182s with the sensors Predators and Reapers use. That allows the Cessnas to function as surrogates for the drones in training the ground crews that operate them. Besides supporting the Air Force, the CAP responds to local communities' needs by conducting disaster -relief and search -and -rescue operations. With more than 1,400 locations, the CAP responds more nimbly after hurricanes, fires and other disasters than would otherwise be possible, providing time -sensitive airborne imagery to FEMA for its relief efforts. Plus, along with what the CAP calls "cellphone forensics," the fleet makes more than 100 search -and -rescue saves per year. It was at the National Conference that I first began to realize the extent to which CAP also works with cadets. They use the fleet to inspire young lives by following up classroom and textbook learning with more than 30,000 orientation flights for both CAP and ROTC cadets. Besides the weekly learning sessions, the cadets also benefit from numerous field trips and annual weeklong encampments. Plus, the cadets receive training in many subjects such as computer technology and cyber defense that gives them a great head start in their future learning. As a result, CAP cadets make up about 10 percent of the Air Force Academy's classes. The CAP also uses its aviation expertise to reach out to local communities with aerospace -education curricula for K-12 classrooms to generate interest in science, technology, engineering, and mathematics careers. This program benefits about 300,000 students a year nationwide. All of this takes people. The Civil Air Patrol has very few paid employees. But as I have learned more about the CAP, what has impressed me the most is the number and quality of volunteers: There are some 60,000 who are deeply committed to making these programs work. Many have enthusiastically donated their time and effort to the CAP for decades. I am not sure why I was asked to be on the Board of Governors. I like to think that maybe they were hoping my passion for flying and background in general aviation education and small business might provide some kind of special perspective. In the meantime, I am learning a lot, and very much looking forward to being involved with a community that uses aviation in so many ways for the common good. / Ll7-//3 10P INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Bill Schutt, AICP; Chief, Long Range Planning DATE: September 11, 2020 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of September 22, 2020. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: October 6. 2020 Consideration of an Ordinance to Amend County Code Section 308.07, (Creation of the Indian River County Affordable Housing Advisory Committee) of Chapter 308 (Indian River County Local Housing Assistance Program) of the Code of Indian River County, to modify the Directive/Responsibilities and Membership Requirements of the Affordable Housing Advisory Committee to be consistent with recent State Statute modifications; and Providing for codification; severability; conflict of ordinances; and effective date of the ordinance. [Legislative] RECOMMENDATION: The above referenced public hearing item is. provided for the Board's information. No action is needed at this time. 148 {14 �r ER C Office of the 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: September 9, 2020 SUBJECT: CARES Act Phase 2 - Proposed Spending Plan and Phase 1 Update and Revisions BACKGROUND: On July 14, 2020, the Board of County Commissioners approved the initial CARES Act Spending Plan for the initial 25% allocation received from the State. Subsequently, on August 18, 2020, the Board approve revisions to the initial plan. As previously discussed, the State has not provided detailed guidance regarding the allocation and drawdown of the remaining funding under the program. Due to the very short timeline to expend the CARES Act dollars, staff is recommending that the Board consider an initial allocation plan for a portion of the remaining 75% (Phase 2) where additional needs have been identified beyond the amounts funded in Phase 1. 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. Throughout this process, the County's goal has been to utilize the CARES Act dollars in a responsible manner to address the needs of the community due to the impact of COVID=19. We have coordinated with our partners (municipalities, Constitutional Officers, State Agencies, nonprofits) on their expenditure plans, Phase 1 progress, and Phase 2 needs. Recently, the State provided guidance that counties are to report anticipated expenditures of CARES Act dollars through September 30, 2020 on September 25a'. Staff will finalize these amounts with the most up to date information by the (new) deadline. 149 ANALYSIS: The table below shows the currently approved allocation by category along with estimated expenditures through September 30, 2020. CARES Act Funding Type of Expense Planned Expended Estimated Spend by Excess Funds to Additional Expense to Date 9/30/20 Reallocate Need Municipalities $1,799,996 $630,381 $744,078 $0 $125,000 Constitutional Officer $1,000,000 $958,548 $1,027,735 $0 $555,000 Expenses BCC Expenses $1,401,337 $950,215 $1,089,769 $0 $595,000 Health Department $400,000 $57,332 $57,332 $0 $0 Other Healthcare $200,000 $70,550 $100,000 $0 $0 Providers State Agencies $100,000 $10,302 $21,813 $70,000 $0 Economic Development $500,000 $250,000 $250,000 $190,000 $500,000 Community Support $1,575,000 $748,121 $1,467,600 $0 $3,100,000 Total $6,976,333 $3,675,449 $4,758,327 $260,000 $4,875,000 As shown in the table above, $3,675,449 of the initial allocation of $6,976,333 has been expended, with approximately $1 million anticipated to be incurred by September 30th for a total estimated expenditure of $4,758,327. For various reasons as further detailed below, $260,000 will not be needed in the originally programmed category. These funds are available for reallocation to other programs. Municipalities The table below shows the detail of expenses by individual municipality. In total, municipalities have expended $630,381, with $744,078 anticipated in total by September 30th. This leaves about $1 million for the municipalities to spend through December 30th. The City of Sebastian has requested an amendment to their original scope of work in order to allocate funding towards a mortgage and rental assistance program. The City is proposing to reduce their original allocation that was earmarked for small business grants, as that program has not received the demand that was originally anticipated. Although the City of Sebastian is reducing their allocation towards this grant program, all qualifying small businesses located within the City of Sebastian can still receive funding under the County's small business grant program. County staff has coordinated with the five municipalities to determine their anticipated needs for Phase 2 funding. Only two municipalities (Fellsmere and Indian River Shores) have submitted a plan for additional funds for municipal uses from Phase 2 so far. Once completed, this information will be presented to the BCC for approval. Several municipalities have indicated a desire to provide additional funds from their allocations to some of the existing County programs (e.g. rental and mortgage assistance, small business assistance). Vero Beach and the Town of Orchid have indicated that they don't anticipate needing an additional allocation from Phase 2 other than providing funding for the 150 programs mentioned above. We will incorporate these funds into any overall funding recommendation for such programs as part of the Phase 2 spending plan. In summary, the proposed additional funding allocations for municipalities in Phase 2 is $125,000. Initial 25% Allocation Originally Expended Type of Expense Originally Estimated Expense* Expended to Date Estimated Spend by 9/30/20 Excess Funds to Reallocate Additional Need Municipalities $19799,996 $630,381 $744,078 $0 $125,000 Fellsmere $209,067 $21,316 $21,316 $0 $100,000 Indian River Shores $40,000 $15,000 $20,000 $0 $25,000 Orchid $15,871 $14,644 $15,871 $0 $0 Sebastian $924,322 $382,454 $475,000 $0 $0 Vero Beach $610,736 1 $196,967 $211,891 $0 $0 Constitutional Officers Constitutional Officers have expended $958,548 estimated $1,027,735 incurred by September 30' the Constitutional Officers to estimate future communications, staff has proposed an additioi Officers through December 30th. of the original $1 million allocation, with an County staff has coordinated with staff from needs for Phase 2. Based upon these Lal allocation of $555,000 for Constitutional BCC Expenses BCC expenses total $950,215 currently, with estimated expenses of $1,089,769 by September 30' (of $1,401,337 programmed). Staff estimates that an additional $510,000 will be needed for BCC expenses through December 30' as detailed in the table below. 151 Originally Expended Estimated Excess Additional Type of Expense Estimated to Date Spend by Funds to Need Expense* 9/30/20 Reallocate Constitutional Officer Exp. $1,000,000 $958,548 $1,027,735 $0 $555,000 Clerk $112,292 $87,620 $112,292 $0 $25,000 Sheriff $769,177 $767,939 $789,939 $0 $450,000 Property Appraiser $8,000 $12,823 $14,973 $0 $5,000 Tax Collector $110,531 $90,166 $110,531 $0 $75,000 BCC Expenses BCC expenses total $950,215 currently, with estimated expenses of $1,089,769 by September 30' (of $1,401,337 programmed). Staff estimates that an additional $510,000 will be needed for BCC expenses through December 30' as detailed in the table below. 151 Health Department The Health Department has expended $57,332 of the total $400,000 allocation. Health Department officials have communicated to County staff that they do not anticipate a need for funds beyond the approved allocation. Health Department staff have requested a modification to their scope of services from the initial agreement to purchase supplies for vaccinations, sheltering, and alternate care facilities. An amendment to the Health Department's original scope of work is being recommended for approval in order to facilitate these purchases. Originally Expended Estimated Excess Additional Type of Expense Estimated to Date Spend by Funds to Need Expense* to Date 9/30/20 Reallocate Need BCC Expenses $1,401,337 $950,215 $1,089,769 $0 $595,000 COVID-19 Leave Time $192,963 $130,010 $141,610 $0 $125,000 COVID-19 Straight Time $148,157 $124,497 $151,847 $0 $130,000 Local (12.5%) Match for $36,491 $36,611 $41,664 $0 $30,000 FEMA OT Claim Worker's Comp - First $242,561 $36,974 $60,000 $0 $0 Responders Miscellaneous Purchases (PPE, Plexiglas Dividers, $292,670 $223,945 $292,670 $0 $150,000 Signage, etc. IT Upgrades $177,093 $175,516 $175,516 $0 $120,000 Temperature Taking $44,551 $46,595 $46,595 $0 $0 Kiosks Munis Modules to $85,250 $85,250 $85,250 $0 $0 Support Teleworking Enhanced Cleaning of $56,601 $55,929 $59,729 $0 $40,000 Buildings Consultant Services $50,000 $5,000 $5,000 $0 $0 Educational Campaigns $75,000 $29,888 $29,888 $0 $0 Health Department The Health Department has expended $57,332 of the total $400,000 allocation. Health Department officials have communicated to County staff that they do not anticipate a need for funds beyond the approved allocation. Health Department staff have requested a modification to their scope of services from the initial agreement to purchase supplies for vaccinations, sheltering, and alternate care facilities. An amendment to the Health Department's original scope of work is being recommended for approval in order to facilitate these purchases. Other Healthcare Providers Other healthcare providers have expended $70,550 of the initial allocation of $200,000. County staff continues to work with Cleveland Clinic on an agreement. No additional funds are planned for other healthcare providers at this time. 152 Originally Expended Estimated Excess Additional Type of Expense Estimated Spend by Funds to Expense* to Date 9/30/20 Reallocate Need Health Department $400,000 $57,332 $57,332 $0 $0 Other Healthcare Providers Other healthcare providers have expended $70,550 of the initial allocation of $200,000. County staff continues to work with Cleveland Clinic on an agreement. No additional funds are planned for other healthcare providers at this time. 152 State Agencies State agency expenses total $10,302, with estimated expenses of $21,813 as of September 30t'. Based upon communications with various State Agencies, staff does not anticipate expending the entire $100,000 allocation here. Therefore, $70,000 from the initial allocation is available to fund other program needs for Phase 2. The Mosquito Control District has requested assistance in purchasing COVID-19 related items totaling $2,845. Staff is recommending the Board approve the Mosquito Control District's scope of work detailing these expenses which are to be paid from the existing State Agency allocation. Originally Expended Estimated Excess Additional Type of Expense Estimated to Date Spend by Funds to Need Expense to Date 9/30/20 Reallocate Need Other Healthcare $200,000 $70,550 $100,000 $0 $0 Providers Treasure Coast Community Health $100,000 $70,550 $100,000 $0 $0 (TCCH Cleveland Clinic $100,000 $0 $0 $0 $0 State Agencies State agency expenses total $10,302, with estimated expenses of $21,813 as of September 30t'. Based upon communications with various State Agencies, staff does not anticipate expending the entire $100,000 allocation here. Therefore, $70,000 from the initial allocation is available to fund other program needs for Phase 2. The Mosquito Control District has requested assistance in purchasing COVID-19 related items totaling $2,845. Staff is recommending the Board approve the Mosquito Control District's scope of work detailing these expenses which are to be paid from the existing State Agency allocation. Economic Development Total Economic Development expenses are estimated at $250,000 as of September 30' out of the initial allocation. of $500,000. All of these expenses have been for the County' Small Business COVID-19 Recovery Grant. The City of Vero Beach also contributed $120,000 from their allocation to this program. At this time, the $370,000 has been allocated for eligible businesses through our partnership with the Small Business Development Center at IRSC and the Chamber of Commerce of Indian River County. Staff recommends providing an additional $500,000 to this program for Phase 2. Additionally, staff recommends making certain other businesses eligible for funding in phase 2. Some businesses have applied for funding that have been significantly impacted by COVID-19, however, they were not included in the eligible businesses for Phase 1 funding. The additional business categories staff recommends fall into three categories: 1) event businesses that were affected by the ban on large gatherings, such as wedding photographers, linen supply, and musical groups, 2) businesses that were subject to full or partial closure during phase 2 or continue to operate with limitations, such as barber shops, nail salons, and fitness centers, 3) miscellaneous businesses that were not specified in round 1, but may have a tourism/hospitality tie-in or may rely on sales from visitors, such as souvenir stores, art dealers, car rental, and other retailers. 153 Originally Expended Estimated Excess Additional Type of Expense Estimated to Date Spend by Funds to Need Expense 9/30/20 Reallocate State Agencies $100,000 $10,302 $21,813 $70,000 $0 Economic Development Total Economic Development expenses are estimated at $250,000 as of September 30' out of the initial allocation. of $500,000. All of these expenses have been for the County' Small Business COVID-19 Recovery Grant. The City of Vero Beach also contributed $120,000 from their allocation to this program. At this time, the $370,000 has been allocated for eligible businesses through our partnership with the Small Business Development Center at IRSC and the Chamber of Commerce of Indian River County. Staff recommends providing an additional $500,000 to this program for Phase 2. Additionally, staff recommends making certain other businesses eligible for funding in phase 2. Some businesses have applied for funding that have been significantly impacted by COVID-19, however, they were not included in the eligible businesses for Phase 1 funding. The additional business categories staff recommends fall into three categories: 1) event businesses that were affected by the ban on large gatherings, such as wedding photographers, linen supply, and musical groups, 2) businesses that were subject to full or partial closure during phase 2 or continue to operate with limitations, such as barber shops, nail salons, and fitness centers, 3) miscellaneous businesses that were not specified in round 1, but may have a tourism/hospitality tie-in or may rely on sales from visitors, such as souvenir stores, art dealers, car rental, and other retailers. 153 The initial allocation provided funding for worker retraining and employment efforts. County staff has made significant efforts to develop a worker reemployment program without success. We have coordinated with Indian River State College (IRSC) to provide a program to fund workforce training for County residents that have been impacted by COVID-19. Staff is recommending an allocation of $60,000 to this program for IRSC to provide courses that will provide additional skillsets and training to potentially help those affected by COVID-19 in securing employment going forward. Staff recommends that the Board approve entering into an interlocal agreement with IRSC for this program. This leaves $190,000 that can be utilized to fund a portion of the $500,000 new allocation for the Small Business COVID-19 Recovery Grant program resulting in a total increase of $310,000 in this category. Community Support Community support program expenses total $748,121 currently, with estimated expenses of $1,467,600 through September 30'" leaving $107,400 remaining in this category. The Treasure Coast Food Bank (TCFB) has expended the entire $400,000 initial allocation. Through this assistance, they have provided 2.6 million pounds of food in the March — August 2020 timeframe. The agency anticipates a need of 2.4 million pounds of food for the September through December 2020 period. Therefore, staff recommends providing an additional allocation of $400,000 to TCFB for Phase 2. The United Way of IRC (UWIRC) has expended $281,360 currently, with estimated expense of $975,000 by September 30'x'. Staff recommends an additional allocation of $700,000 to UWIRC for Phase 2. The UWIRC would be able to provide more funding for some of their current programs including utility and rental assistance, mental health programs, etc. They have also proposed to allocate funding for promotion of mental health support and rental assistance (including the County's) programs. The Board of County Commissioners approved a Coronavirus Relief Fund (CRF) grant agreement with the Florida Housing Finance Corporation (FHFC) on August 18, 2020. This agreement provided $572,301 to the County in order to provide mortgage and rental assistance for Indian River County residents impacted by COVID-19. Staff anticipates presenting an amendment to this agreement to the Board that will provide an additional $300,919 for total funding of $873,220. The County opened applications for this program at noon on Monday, September 140'. Within the first 24 hours, approximately 250 applications were either submitted or in progress indicating a strong demand for these funds. The $873,220 allocation from FHFC would fund about 175 154 Originally Expended Estimated Excess Additional Type of Expense Estimated to Date Spend by Funds to Need Expense* 9/30/20 Reallocate Economic Development $500,000 $250,000 $250,000 $190,000 $500,000 Small Business $250,000 $250,000 $250,000 $0 $500,000 Development Center Worker training and $250,000 $0 $0 $190,000 $0 reemployment program Community Support Community support program expenses total $748,121 currently, with estimated expenses of $1,467,600 through September 30'" leaving $107,400 remaining in this category. The Treasure Coast Food Bank (TCFB) has expended the entire $400,000 initial allocation. Through this assistance, they have provided 2.6 million pounds of food in the March — August 2020 timeframe. The agency anticipates a need of 2.4 million pounds of food for the September through December 2020 period. Therefore, staff recommends providing an additional allocation of $400,000 to TCFB for Phase 2. The United Way of IRC (UWIRC) has expended $281,360 currently, with estimated expense of $975,000 by September 30'x'. Staff recommends an additional allocation of $700,000 to UWIRC for Phase 2. The UWIRC would be able to provide more funding for some of their current programs including utility and rental assistance, mental health programs, etc. They have also proposed to allocate funding for promotion of mental health support and rental assistance (including the County's) programs. The Board of County Commissioners approved a Coronavirus Relief Fund (CRF) grant agreement with the Florida Housing Finance Corporation (FHFC) on August 18, 2020. This agreement provided $572,301 to the County in order to provide mortgage and rental assistance for Indian River County residents impacted by COVID-19. Staff anticipates presenting an amendment to this agreement to the Board that will provide an additional $300,919 for total funding of $873,220. The County opened applications for this program at noon on Monday, September 140'. Within the first 24 hours, approximately 250 applications were either submitted or in progress indicating a strong demand for these funds. The $873,220 allocation from FHFC would fund about 175 154 applicants at the maximum program funding amount ($4,500) once administrative costs of 10% are considered. As such, the County would likely need to close this program if additional funding is not allocated. Staff recommends supplementing the CRF grant funds with an allocation of $2 million from the CARES Act funds for Phase 2. RECONLMENDATION: Staff recommends that the Board approve Phase 2 funding of $4,875,000 as detailed above (see attachment). After accounting for $260,000 from Phase 1 available for reallocation, this is a net increase of $4,615,000 from the Phase 1 funding amount of $6,976,333. Staff further recommends that the Board authorize the Chair to execute a subrecipient agreement with IRSC in the amount of $60,000 for worker training, and $2,845 for the Mosquito Control District. Staff further recommends that the Board authorize the Chair to execute amendments to the subrecipient agreements as follows: • City of Fellsmere - $100,000 in additional funding. • Town of Indian River Shores - $25,000 in additional funding. • City of Sebastian — approve scope modifications • Treasure Coast Food Bank - $400,000 in additional funding for food support. • United Way of IRC — $700,000 in additional funding. • Health Department — scope modifications 155 Originally Expended Estimated Excess Additional Type of Expense Estimated to Date Spend by Funds to Need Expense* 9/30/20 Reallocate Community Support $1,575,000 $748,121 $1,467,600 $0 $3,100,000 Treasure Coast Food Bank $400,000 $400,000 $400,000 $0 $400,000 Senior Resource $125,000 $6,100 $17,600 $0 $0 Association United Way $975,000 $281,360 $975,000 $0 $700,000 PPE Kits $75,000 $60,661 $75,000 $0 $0 Rental & Mortgage $0 $0 $0 $0 $2,000,000 Assistance RECONLMENDATION: Staff recommends that the Board approve Phase 2 funding of $4,875,000 as detailed above (see attachment). After accounting for $260,000 from Phase 1 available for reallocation, this is a net increase of $4,615,000 from the Phase 1 funding amount of $6,976,333. Staff further recommends that the Board authorize the Chair to execute a subrecipient agreement with IRSC in the amount of $60,000 for worker training, and $2,845 for the Mosquito Control District. Staff further recommends that the Board authorize the Chair to execute amendments to the subrecipient agreements as follows: • City of Fellsmere - $100,000 in additional funding. • Town of Indian River Shores - $25,000 in additional funding. • City of Sebastian — approve scope modifications • Treasure Coast Food Bank - $400,000 in additional funding for food support. • United Way of IRC — $700,000 in additional funding. • Health Department — scope modifications 155 CARES Act Funding Type of Expense Planned Expended to EstimatedExcess Spend by Funds Additional Expense* Date 9/30/20 to Reallocate Need Municipalities $1,799,996 $630,381 $744,078 $0 $125,000 Constitutional Officer $1,000,000 $958,548 $1,027,735 $0 $555,000 Expenses BCC Expenses $1,401,337 $950,215 $1,089,769 $0 $595,000 Health Department $400,000 $57,332 $57,332 $0 $0 Other Healthcare $200,000 $70,550 $100,000 $0 $0 Providers State Agencies $100,000 $10,302 $21,813 $70,000 $0 Economic Development $500,000 $250,000 $250,000 $190,000 $500,000 Community Support $1,575,000 $748,121 $1,467,600 $0 $33005000 Total $6,976,333 $3,675,449 $4,758,327 $260,000 $4,875,000 156 arta E`'1 HOME OF PELICAN ISLAND September 14, 2020 Jason Brown County Administrator 1801 27th Street, Bldg. A Vero Beach, FL 32960 Subject: CARES Act Revised Spending Plan Jason, The City of Sebastian previously provided our spending plan via my letter dated: July 27, 2020 for the initial $924,322 allocated to us from the Coronavirus Relief Fund. After our actual : experience with the spending categories and due to the need to promptly spend this allocation, we would like to modify the spending plan to the following: 1. $40,000.00 for COVID Required Direct Expenditures: The City will first use the allocation as reimbursement for the direct cost we have incurred for special supplies and equipment that was needed to handle operations during the pandemic. This will include such expenses as adding technology to connect employees working from home and for conducting remote public meetings; disinfectant supplies and equipment; wellness guards at workstations serving the public; non - contact thermometers; and other minor expenses that were considered necessary. 2. $80,000.00 to COVID Required Employee Sick Leave/Time: The City will next use the allocation as reimbursement for the unbudgeted payroll expenses on City of Sebastian employees whose time was diverted to functions substantially dedicated to mitigating or responding to the COVID-19 public health emergency and payroll expenses of providing paid sick and paid family and medical leave to.enable compliance with COVM-19 public health precautions. 3. Yet to be Determined Amount to Provide Self -Testing Kits: The City desires to purchase self -testing kits that can be distributed to employees and residents. The individuals would have instructions for taking the sample and sending it to the laboratory, which would then mail back the results. This category will be used if needed to reach the $924,322 allocation, if the other categories are not expended before September 30th. 4. $380,000 to COVID-19 Small Businesses and Their Employees Grants: It appears fairly certain that at least this amount will be expended before September 30`s. Since applications for these grants were advertised as requiring submission before September 30`x, the City may well exceed the $380,000 before then. 5. $424,322 to COVID-19 Rent and Mortgage Relief: The City hopes to partner with the County to disperse as much of this allocation as possible prior to September 3th. Should this not be possible, the remainder of the total allocation will be used on the other categories as necessary to expend the total $924,322 allocation. Again, we appreciate that these funds have been made available. We anticipate that this letter will support the enclosed FIRST AMENDMENT TO INDIAN RIVER COUNTY CARES ACT AGREEMENT and be used as the referenced Revised Scope of Work in Paragraph 2. Please execute the FIRST AMENDMENT and return a copy to the City for our records. Respectfully 'Paul --. Carlisle City Manager City of Sebastian Attached: FIRST AMENDMENT TO INDIAN RIVER COUNTY CARES ACT AGREEMENT 157 FIRST AMENDMENT TO INDIAN RIVER COUNTY CARES ACT AGREEMENT THIS FIRST AMENDMENT TO INDIAN RIVER COUNTY CARES ACT AGREEMENT ("Amendment") is entered into as of the day of , 2020 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 ("Recipient"), and City of Sebastian, a municipality, whose address is 1225 Main Street, Sebastian, Florida, 32958 (the "Subrecipient"). RECITALS WHEREAS, Recipient. and Subrecipient entered into the Indian River County CARES Act Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient (the "Agreement"); and WHEREAS, the Recipient and Subrecipient wish to amend the initial scope of work so that CARES Act funds can be reallocated between the initially proposed funding categories; and 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 31 (Scope of Work). Section 31 of the Agreement is amended to read as follows: "(3 1)SCOPE OF WORK The Sub recipient shall perform the tasks as identified and set-fbith in the Revised Scope of Work, which is Revised Attachment A." 3. Attachment "A" to the Agreement shall be removed and replaced with Revised Attachment "A", which is attached to this Amendment. 4. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Recipient. and Subrecipient have executed this instrument this day of 72020. Page 1 of 2 158 CITY OF SEBASTIAN 1225 Main Street, Sebastian, Florida 32958 By: Y Paul Carlisle, City Manager ATTEST: 4,a ette Williams, City Clerk Approved as to Form and ;s Manny Anon, Jr. City Attorney , Sufficiency INDIAN RIVER COUNTY, FLORIDA 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 Attomey Jason E. Brown, County Administrator Page 2 of 2 159 INDIAN RIVER COUNTY SMALL BUSINESS RECOVERY COVID-19 GRANT APPLICATION Through the federal CARES,Act;funding program, the Indian River County Board of County Commissioners is providing one-time grants of up to $5,000 to qualifying independently or locally-owned,.for=profit small businesses in an industry affected by the COVID-19 Pandemic.(see Eligible\Li t of Businesses) The grant is limited to one application per/business, including businesses with multiple locations within Indian River County. Funds may be used for business-related expenses incurred between 3/1/2020 through 12/31/2020. Applications will b a cepted and 1 � processed until the funds are exhausted.. The Florida Small Business Development Center_(SBDC) at Indian River State College (IRSC) has agreed to process all,grpnt applications on'the County's behalf. Grant payments will be dispersed through the Indian -River County Budget Office. To meet grant eligibility. criteria, the business-must:� • Operate a.business in` an industry affected by the COVID-19 Pandemic (see Eligible..L'ist of Businesses) i -� • rBe locally or independently owned, and,operating in Indian River County — f� including a home-basedbusiness or sole proprietor •` 'Have 25 orfewerJull\time\equivalent/(FTE) employees, including the business owner • Been in,operation'since October 1, 2019 • Expects,to\return to full operations after all local and state emergency guidelines for COVID497aref rescinded • Up to date on tangible personal property and/or real estate taxes • No active judgements, liens, bankruptcies, etc. against the business or business owner(s) Ineligible businesses include: • Businesses with more than 25 FTE Employees • Publicly traded companies • Non -Profit organizations • Those not in an industry affected by the COVID-19 Pandemic 160 A business that has applied for, or received, CARES Act grant funding from a municipality in Indian River County 161 Please complete the application below, and email it with the required documentation for processing to: Tom Kindred, Regional Director FL Small Business Development Center at IRSC fsbdc@irsc.edu Please scan your application and all supporting documents into one document (pdf), to send in one email or as one combined file. Company Information Full Legal Business Name: Please indicate your business strucfure`(Choose one): Y Sole Proprietor or Partnership Y C -Corporation or S -Corporation' Y Limited Liability Company,(LLC) Y 1099 Employee-,. Please indicate yourlbusiness type (must be hospitality related — i.e., restaurant, bar, tour operator, hotel,dive''-shop, beach rental, RV park, personal services, etc.) Business Phone Number: ` Cell Phone Number: Current Business Address: City: State: FL Zip: Mailing Address, if different from above: Website: 162 Primary E-mail Address: Primary Owner's Name: Additional Owners' Names: Description of business and products/services Qualifying Questions Was your company registered and operational,in Indian River County, FL as of . 10/1/2019? Yes, �` No\` Is your business locally -or independentlyo`d? \Yes No. How many FTE employs, including yourself, did you have as of March 1, 2020? Full time'(30+ hours/week) `, Part-time (NOTE:,2 part-time employees equal 1 full-time FTE) Is the bus ness up-to-date on its tangible personal property and/or real estate taxes? Yes No Are the business and`bu'siness owners in good standing? (i.e. no active judgements, liens, bankruptcies, arbitration settlements requiring withholding of funds, convicted felons, court costs or criminal victim reimbursement programs) Yes No Have you applied for, or received, CARES Act grant funding from a municipalityin Indian River County, FL? Yes No Amount of funds you are requesting (maximum $5,000) 163 Briefly explain how you intend to use the grant funds: Eligible Grant Uses This is a grant program, so no payback is required. Funds may be used for business- related expenses during the period March 1 through,'December 31, 2020. These funds may be considered taxable income, so please contact your tax professional for guidance. Funds may not be used for the exact samexpense that has been reimbursed by another federal program (eg�ifjtlie recipient\received assistance for rent payments for the month of May and/une, and the recipientwishes to use this grant for rent, it can use this grant for rent for different months;°such as July and August) Copies of the following documen`must accompany your application for the Indian River County Small Business-COVID-19,G'rant (scan and upload the documents with your application), Any,co fidential information received will be shredded once your application_is_processed,:. ` • State of Florida business registration'from the Florida Division of Corporation showing the 'business isl,registered in Indian RiverlCounty; visit Sunbiz.orafor assistance \ I � • City and/or`dian River County.,Business License Individual or business 'owner(s) ,Driver's License, or othergovernment-issued identification • Full\employee list as,of March\l , 2020, noting either full-time or part-time • A completed and signed IRS W-9 form - Request for Taxpayer Identification Numberand d Certification (visit the IRS website for assistance) • Documentatiohyerifying loss of income due to COVID-19 — this can include Profit & Loss statements from 2019 and 2020 (year-to-date) or QuickBooks reports • All applicants will register with the Florida Small Business Development Centerat Indian River State College These are limited funds that will be distributed on a first -submitted and eligible application basis. Please submit your application online in its entirety, including necessary documentation, to: Tom Kindred, Regional Director Florida Small Business Development Center at IRSC 164 fsbdc@irsc.edu 165 There is no deadline to apply. The Indian River County Small Business Recovery Grant has a limited amount of funds available and applications will be accepted until funds are exhausted. If you have applied for and/or received grant funding from a municipality within Indian River County, you are ineligible to apply or receive funds from the Indian River County Small Business Recovery Grant program. Any questions, please contact Helene Caseltine, Economic Development Director with the Indian River County Chamber of Commerce, 772-567-3491 or helenec anindianrivered.com. Grant Compliance If you do not comply with the requirements rl ted below andsubmit proper documentation, you will be responsible/ or repaying the grant, in, full. Grant recipients must submit supporting documentation that they,,hdve registered with Florida SBDC within one month of submission of application as part^of'the Grant compliance. Click Here to Register By clicking the Submit button'below, I agree to the following terms and conditions. The Applicant\ grees,that neither,lndian River -Co my nor the FL Small Business Development ),Center at IRSC assume any responsibility for the success or faiiure of the Applicant's existing business. %The information -in this application -is provided for the purpose of applying for �\the,lndian River;County Smal\Business Recovery COVID-19 Grant program. The inforrnabon Is'accurate to the best of the Applicant's knowledge. The Applicant understands that personal and/or business information`may be requested pursuant to this application and herebygrants consent fo`r such information to be provided to Indian River County. I (we) understand -that any willful misrepresentation on this application could result in a fine and/or imprisonment under provision of the United States Criminal Code U.S.C. Title 18, Section 1001, and shall entitle the County to receive a return of any funding provided hereunder, in addition to any other remedies it may have against Applicant at law or in equity. I (we) further. understand that, pursuant to Section 92.525, Florida Statutes, a person who knowingly makes a false declaration thereunder is guilty of the crime of perjury by false written declaration, a felony of the third degree, 166 punishable as provided in Sections 775.082, 775.083 or 775.084, Florida Statutes. The submitted application, including attachments, is subject to disclosure under Florida's public records law subject to limited applicable exemptions. The Applicant acknowledges, understands, and agrees that, except as noted below, all information in the application and attachments will be disclosed, without any notice to the Applicant, if a public records request is made for such information, and neither Indian River County nor the FL Small Business Development Center at IRSC willbeliable to Applicant for such disclosure. Social Security numbers are exempt from -,f eh publicrecords law pursuant to Section 119.071, Florida Statutes. If the Applicant believes that the information in their application, including attachments, contains information that is,confidential and exempt,from disclosure, the Applicant,must include a general description of the; information and provide reference to the Florida Statute or other law which exempts such designated information.from disclosure in the event of a public records request. The County does not warrantor guarantee that information designated by the�Applicantas exempt from disclosure is in fact exempt, and if the County disagrees,,,it will make such disclosures in accordancdVith its sole determinatio 'as to the applicable law. You are auth` zedt � ake the inquiries you deem necessary to verify ,/ the accuracy of�the infor \tion cont ned herein. Additionally, the Applicant `agrees that in the event`that,money is provided pursuant to this application, the County or its agent shall be,entitled to access and audit such records as may be\necessary to prevent'fraud in this process or ensure compliance with federdlrequirements. The Applicant shall fully cooperate with the County or its agent and timely respond to any requests for such records. Without limiting the generality of the foregoing, the Applicant specifically acknowledges and,agrees that, if awarded funds pursuant to this application, the County, and any duly authorized agents or representative of the County are entitled to examine documentation which concern or relate to this Application at any and all times during normal business hours upon request. Under penalties of perjury, 1, the Applicant(s), declare that I have read the foregoing application and that the facts provided are true. I understand that knowingly making a false written declaration may be charged as a felony of the third degree. 167 Acknowledgement & Signature Completion and submission of the application by the Applicant to Indian River County via the FL Small Business Development Center at IRSC is merely a request for grant funds and shall not be construed as an approval nor commitment by Indian River County. Printed Name(s) Authorized Signature(s) Date Please submit your application�onlini�-in_ its entirety,, including necessary documentation, to: f� Tom Kindred, -Regional Director FL Small,Business Development Center at`IRSC fsbdc@irsc.edu Please scanyour application"as-alIsupporting documents into one document (pdo, to send in, one email'or as one combined file. Click here to'register with,th'e FL Small Business Development Center (SBDC) at IRSC Once reviewed fo , completeness, the SBDC will forward your application package to the Indian River -County Budget Office for final review. If approved, the County Budget Office will disburse the grant funds on a weekly basis. We anticipate the review and approval (or denial) process will take about one week, depending on the application's completeness. 168 Additional NAICS Codes — Indian River County Small Business Recovery Grants "Round Two" Funding 453110, Florists; 532881, Formal Wear Rental; 541921, Photographers; 812331, Linen Supply; 711130, Musical Groups and Artists; 451140 Musical Instrument Stores. 81211, Hair Cutters, Nail Salons, Other Cosmetic Service Providers 713930, Fitness Centers; 453220, Souvenir Stores; 453920, Art Dealers; 532111, Car Rental; 713930, Marinas; 4421, Furniture Stores; 4422 Home Furnishing Stores; 4431 Electronics and Appliance Stores; 4481 Clothing Stores; 4482 Shoe Stores; 4512 Book Stores and News Dealers; 453998 (Other Miscellaneous Store Retailers except Tobacco); 812910 Pet Care (except Veterinary Services); 541613 Advertising and Promotion* (* - demonstrate that a majority of business relates to special events affected by COVID-19 such as sports, theater, music performances). 169 INDIAN RIVER COUNTY CARES ACT FUNDING AGREEMENT THIS AGREEMENT is entered into by Indian River County, a political subdivision of the State of Florida, whose address is 1801 27'^ Street, Vero Beach., Florida, 32960 (hereinafter referred to as the "Recipient), and Indian River State College, a municipality/not-for-profit, whose address is 6155 College Lane, Vero Beach, FI 32966 (hereinafter referred to as the "Subrecipient"). This agreement is entered into based on the following representations: A. The Subrecipient represents that it is fully qualified and eligible to receive this, funding for the purposes identified herein; and B. The Recipient has received these funds from the State of Florida, who received those funds from the U.S. Department of Treasury and has the authority to distribute these funds to the Subrecipient upon the terms and conditions below; and C. The CARES Act, section 601(d) of the Social Security Act, created the Coronavirus Relief Fund (CRF) and provided Florida with $8,328,221,072; 55% of which was allocated to the State of Florida and 45% was allocated to counties. D. The United States Department of the Treasury disbursed $2,472,413,692 of these funds directly to counties with a population in excess of 500,000. E. A remaining balance of '$1,275,285,790 was reverted to the State of Florida from the local government allocation, for the State to disburse to counties with ;populations less than 500,000. F. Per the Recipient's agreement with the State of Florida, counties should provide funding to municipalities within their jurisdiction upon request for eligible expenditures under the CARES Act, however, counties are responsible for the repayment of funds for expenditures that the Federal government determines are ineligible under the CARES Act. Therefore, the Recipient and the Subrecipient agree to the following: (1) LAWS RULES REGULATIONS AND POLICIES a. Performance under this Agreement is subject to 2 C.F.R Part 200, entitled "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards." b. As required by section 215.971 (1), Florida Statutes, .this Agreement'includes: I. A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform, Attachment A. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Recipient before payment or reimbursement. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Subrecipient fails to perform the .minimum level of service required by the agreement. iv. A provision specifying that the Subrecipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Recipient. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Recipient. c. In addition to the foregoing, the Subrecipient and the Recipient will be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (2) CONTACT a. The Recipient's- Program Manager will be responsible for enforcing performance of this Agreement's terms and conditions and will serve as the Recipient's liaison with the Subrecipient. As part of his/her duties, the Program Manager for the Recipient will monitor and document Subrecipient performance. b. The Recipient's Program Manager and Representative for this Agreement is: Kristin Daniels. CGFO Director - Office of Management & Budget Indian River County Phone. 772-226-1214 e-mail kdaniels(a7a ircgov.com c. In the event that a different representative or representatives or addresses are designated by Recipient after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (4) EXECUTION This Agreement may be executed in any number of counterparts, any one of which_ may be taken as an original. (5) ;MODIFICATION This agreement may not be modified. (6) PERIOD OF AGREEMENT This Agreement shall be effective on March 1. 2020 and shall end on December 30. unless terminated earlier in accordance with the provisions of Paragraph (15) TERMINATION. In accordance with section 215.971(1)(d), Florida Statutes, .the Subrecipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during the specific agreement period." (7) FUNDING a. The Recipient's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes and the Florida Constitution. b. This is a modified reimbursement agreement. The State will make an initial disbursement to the Recipient of 25% of the total amount allocated to the Recipient according to the United States Department of the Treasury. Any additional amounts will be disbursed on a reimbursement basis. c. Subrecipients may be reimbursed for any expenses eligible under section 601(d) of the Social Security Act, specifically the Coronavirus Relief Fund and further outlined in US Treasury Guidance. Expenditures are not required to be used as the source of funding of last resort. d. Reserved e. For the purposes of this Agreement, the term "improper. payment" means or includes: J. Any payment that should not have been made or that was made :in an :Incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements. f. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, :Florida Statutes, which includes submission of the claim on the approved state travel voucher. g. Reserved. h. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that— i. hatis are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); ii. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and iii. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Funds transferred to Subrecipient must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria, of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if the funds have not been used in a manner consistent with section 601(d) of the Social Security Act. I. Examples of Eligible Expenses include, but are not limited to: I. Medical expenses ii. Public health expenses W. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. iv. Expenses of actions to facilitate compliance with COVID-19 related public health measures. V. Expenses associated w. ith the provision of economic support in connection with the COVID-19 public health emergency. A. Any other COVID-19 — related expenses reasonably necessary to the function .of government that satisfy the fund's eligibility criteria. (8) INVOICING a. In order to obtain reimbursement for expenditures, the Subrecipient must file with the Recipient Grant Manager its request for reimbursement and any other, information required to justify and support the payment request. Payment requests must include a certification, signed by an official who is authorized to legally bind the Subrecipient, which reads as follows: By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false, statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). b. Reimbursements will only be made for expenditures that the Recipient provisionally determines are eligible under the CARES Act. However, the Recipient's provisional determination that an expenditure is eligible does not relieve the Subrecipient of its duty to repay the Recipient for any expenditures that are later determined by the Recipient, the State of Florida or the Federal government to be ineligible. (9) RECORDS a. As a condition of receiving state orfederal financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Recipient, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to:make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Subrecipient" includes employees or agents; including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Subrecipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by :the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.myflorida.ct)mAibrary"archives/records-management/general-records- schedules/. c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. d. Florida's Public Records Law provides a right of access to the records of the state.and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY__ TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424, nublicrecords anircaov.com. Indian River Countv Beach, FL 32960 :(10) AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the Subrecipient must follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.'§200.49, "GAAP has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." b. When conducting an audit of the Subrecipient's performance under this Agreement, the Recipient must use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, "GAGAS, also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of and strict compliance with this Agreement, the Subrecipient will be held liable for reimbursement to the Recipient of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Recipient has notified the Subrecipient of such non-compliance. d. The Subrecipient must have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473" The independent auditor must state that the audit complied with the applicable provisions noted above. The audits must be received by the Recipient no later than nine months from the end of the Subrecipient's fiscal year. e. The Subrecipient must send copies of reporting packages required under this paragraph directly to each of the Program Manager. f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the related provisions of the Uniform Guidance. (11) REPORTS a. The Subrecipient must provide the Recipient with quarterly reports and a close-out report. These reports must include the current status and progress of the expenditure of funds under this Agreement, in addition to any other information requested by the Recipient. b. Quarterly reports are due to the Recipient no later than 15 days after the end of each quarter of the program year and must be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. The first quarterly report due pursuant to this agreement is due for the quarter -ending September 30, 2020. c. The close-out report is due sixty (60) days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever occurs first. d. If all required reports and copies are not sent to the Recipient or are not completed in a manner acceptable to the Recipient, the Recipient may withhold further payments until they are completed or may take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Recipient" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Subrecipient must provide additional program updates or information that may be required by the Recipient. (12) MONITORING In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Recipient staff, limited scope audits, or other procedures. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Recipient. In the event that the Recipient determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Recipient to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Recipient will monitor the performance and financial management by the Subrecipient throughout the period of agreement to ensure timely completion of all tasks. (13) LIABILITY Any Subrecipient which is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Recipient, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. (14) DEFAULT a. If any of the following events occur ("Events of Default"), all obligations on the part of the Recipient to make further payment of funds will, if the Recipient elects, terminate and the Recipient has. the option to exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Recipient may make payments or partial payments after any Events of Default without waiving the .right to exercise such remedies, and without becoming liable to make any further payment. b. If any warranty or representation made by the Subrecipient in this Agreement or any previous agreement with the Recipient is or becomes false or misleading in any respect, or if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Recipient and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement. c. If material adverse changes occur in the financial condition of the Subrecipient at any time during the period of agreement, and the Subrecipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Recipient. d. if any reports required by this Agreement have not been submitted to the Recipient or have been submitted with incorrect, incomplete or insufficient information; e. if the Subrecipient has failed to perform and complete on time any of its obligations under this Agreement. (15) REMEDIES If an Event of Default occurs, then the Recipient may, after thirty (30) calendar days written notice to the Subrecipient and upon the Subrecipient's failure to cure. within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Subrecipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-retum receipt requested, to the address in paragraph (2) CONTACT herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold, or suspend payment. of all or any part of a request for payment; d. Require that the Subrecipient refund to the Recipient any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, ii, issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question, or iv. require the Subrecipient to reimburse the Recipient for the amount of costs incurred for any items determined to be ineligible, or f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Recipient from pursuing any other remedies in this Agreement or provided at law or in equity. If the Recipient waives any right or remedy in this Agreement or fails to insist on strict performance by the Subrecipient, it will not affect, extend or waive any other right or remedy of the Recipient, or affect the later exercise of the same right or remedy by the Recipient for any other default by the Subrecipient. (16) TERMINATION a. The Recipient may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and, regulations, failure to perform on time, and refusal by the Subrecipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Recipient of Emergency Management Statutes, as amended. b. The Recipient may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Subrecipient with thirty (30) calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. d. In the event this Agreement is terminated, the Subrecipient will not. incur new obligations for the terminated portion of this Agreement after they have received the notification of termination. The Subrecipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient will not be relieved of liability to the Recipient because of any breach of this Agreement by the Subrecipient. The Recipient may, to the extent authorized by law, withhold payments to the Subrecipient for the purpose of set-off until the exact amount of damages due the Recipient from the Subrecipient is determined. (17) ATTACH EMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments will control, .but only to the extent of the conflict or inconsistency. (18) PAYMENTS a. The Recipient will make a disbursement to Subrecipient in the amount of $,,60:000.00_ (19) REPAYMENTS a. All refunds, return of improper payments, or repayments due to the Recipient under this Agreement are to be made payable to the order of "Indian River County," and mailed directly to the following address: 1801 27th Street Vero Beach, Florida 32960 b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Recipient for collection, Subrecipient shall pay the Recipient a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (20) MANDATED CONDITIONS AND OTHER LAWS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a Recipient request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes will, at the option of the Recipient and with thirty (30) days written notice to the Subrecipient, cause the termination of this Agreement and the release of the Recipient from all its obligations to the Subrecipient. b. This Agreement must be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement will. be in the Circuit Court of Indian River County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision Is null and void to the extent of the conflict, and is severable, but does not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Recipient under the terms of this Agreement will survive the term of this Agreement. d. This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 121.01 et seq.), which prohibits discrimination by :public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. f. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entityfor the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. g. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. h. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. I. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida Statutes. j. The Recipient reserves the right to unilaterally cancel this Agreement if the Subrecipient refuses to allow public access to all documents, papers, letters or other material subject to the. provisions of Chapter 119, Florida Statutes, which the Subrecipient created or received under this Agreement. k. If the Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government deposits CRF payments in a government's general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not subject to the Cash :Management Improvement Act of 1990, as amended. The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INK)]. The Recipient shall consider the employment by Any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation .by the Subrecipient of the employment provisions contained in Section 274A(e) of the INA will be grounds for unilateral cancellation of this.Agreement by the Recipient. I. The Subrecipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings must be publicly noticed, open to the public, and the minutes of all the meetings will be public records, available to the public in accordance with Chapter 119, Florida Statutes. m. All expenditures of state or federal financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. n. This Agreement may be charged only with allowable costs resulting from obligations 'incurred during the period of agreement. o. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the Recipient. p. If the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act, the Subrecipient may retain the asset. If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided.by section 601(d) of the Social Security Act. (21) LOBBYING PROHIBTION a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, .the judicial branch, ora state agency." b. No funds or other resources received from the Recipient under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. d. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and. aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, ora state agency." e. No funds or other resources received from the Recipient under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. I. The Subrecipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: ii. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. iii. .If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any .agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Subrecipient must complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iv. The Subrecipient must require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipient s shall certify and disclose. v. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty,of not less than $10,000 and not more than $100,000 for each such failure. (22) LEGAL_ AUTHORIZATION The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient also certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to .the terms of this Agreement. (23) ASSURANCES The Subrecipient must comply with any Statement of Assurances incorporated as Attachment C. (24) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and :applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin._ iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formai complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's. legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. A. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractors noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts -or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions maybe imposed and remedies invoked as provided in Executive Order 11246 of September 24i 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the .portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) -in every subcontract or purchase order unless exempted by rules, regulations, or orders. of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or Is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.. (25) COPELAND ANTI -KICKBACK ACT a. The Subrecipient hereby agrees that, unless exempt under Federal taw, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. fl. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (26) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Subrecipient , with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of .40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings .or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (27) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: 1. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act.(42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (28)SUSPENSION AND DEBARMENT a. If the Subreciplent, with the funds. authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: I. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required .to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905.) are excluded_ (defined at 2 C.F.R: § 180.940) or disqualified (defined at 2 C.F.R..§ 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Recipient. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart G and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (29)BYRD ANTI -LOBBYING AMENDMENT a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: L Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors Who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer .or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Subrecipient. (30).CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS a. If the Subrecipient, with the funds. authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: I. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; M. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and .minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development. Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. b. The requirement outlined in subparagraph a.above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather; the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Subrecipient must take; the requirements do not preclude the :Subrecipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to .divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Subrecipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as .to .utilize streamlined acquisition procedures .(e.g. "project splitting"). (31) SCOPE OF WORK. The Sub recipient shall perform the tasks as identified and set forth :in the Scope of Work, which is Attachment A. (3 2) Course and.Price List. The courses and price lists is identified and set forth in the Course and Price List, which is Attachment B. Attachment A SCOPE OF WORK BY INDIAN RIVER STATE COLLEGE FOR INDIAN RIVER COUNTY THROUGH CARES ACT FUNDING Indian River College (IRSC) will create and execute offering a series of short term courses and certifications through a Rapids Credentialing program. The goal is to recruit, register, and complete 30 to 35 participants, depending on which courses and certificates they pursue and the associated cost, from Indian River County residents negatively impacted by the COVID-19 pandemic. The participants must verify through a template created that will demonstrate that they have been negatively impacted by the COVID-19 pandemic. The college will also track all successful completers and will provide services and support in helping them try to find new employment or improving their rank and/or pay in their existing employer. 1) IRSC .will use their own internal resources to create all advertisements and promotions of the program including social media outlets available to us, Enrollment and recruitment will take place through the Mueller Campus in Vero Beach. We will produce flyers and will do recruitment visits where appropriate and following CDC guidelines for social distancing and with wearing masks per college policies. 2) IRSC will use its own staff to assist participants navigate the college admission application and documentation. 3) IRSC will arrange for all instruction and costs for the classes to be reimbursed by Indian River county upon invoicing up to the final amount of the grant ($60,000). All faculty will be credentialed and .certified in each content area. 4) If—classes are to meet in person all CDC guidelines will be observed and social distancing will be strictly enforced. All online classes will be offered through the IRSC Blackboard LMS system which is password protected and for participants/students only. 5) IRSC will submit each completers name for state or national certifications where applicable. 6) IRSC will charge a flat rate of $2,500 for the entire project to cover expenses for administering ther project and to cover all marketing materials, staff to process students, collection of data and turning in the final report to the county. Courses and Certificates to be offered and their costs to participate: A) Business Specialist Certification (State of Florida Certification) a. 4 courses: i. Introduction to Business GEB 1101 ii. Principles of Marketing MAR 2011 iii. Principles of Management MAN 2021 iv. Essentials of Contemporary Leadership SLS 1261 b. Courses will be divided into 2 segments with 2 classes each c. First two classes (GEB 1101 and MAR 2011) will start on October_5 and end November 6, 2020 d. Second two classes (MAN 2021 and SLS 1261) will start November 9 and end December 7, 2020 e.. Tuition for ail 4 classes is $1,260.96 ($315.24 each class) f. Course Materials for all 4 courses $469.25 per student Attachment A B) Culinary Operations Apprenticeship a. 4 courses and Full Time Job* L Introduction to Foodservice ii. Food Preparation 1 iii. Sanitation Certification iv. *On the Job Training (OJT). We will assist students getting a full time job in the culinary field in our county if they are interested AND PASS a required drug test before placement b. Students tuition is paid for by the state BUT we will need $950 per student to cover course textbooks, materials, and their culinary accessories including working clothes and equipment c. Students should continue on with the program to its completion in the spring and summer of 2021. d. Courses will begin the week of October 5 and finish December 7, 2021. They will be divided into segments based on enrollment and OJT training and time C) Corporate and Career Training institute Courses a. There are 11 courses all with certifications attached to successful completion. b. All offerings and tuition costs are attached on a separate page c. Courses can be offered beginning October 15th and run until December 7th• 2020. The Length of the courses will depend on t ' content and whether the course will be virtual (online) or face to faeerls required fo nati al certifications.. Signed by: Date: Dr. Timothy Moore President Indian River State College Signed by: Jason Brown Indian_ River County Administrator Date: Attachment B Indian River County Back to Business Program haaak Course and Price List 1. MSSC- Certified Production Technician (CPT) (Online) $1,800 per person 2. MSSC-Certified Logistics Technician (CLT) (Online) $1,000 per person 3. OSHA 10 (11 hrs) $150 per person; 10 students minimum 4. OSHA 30 (30 hrs) $350 per person; .10 students minimum S. Powered Trucks (Forklifts) (4-6 hrs) $100 per person; 8 students minimum 6. Basic Microsoft Office Bundle (18 hrs) $250 per person 7. Next Level Office skills (36 hrs) $350 per person S. QuickBooks Training (18 hrs) $250 per person 9. Profit Mastery Training Program (16 hrs) $300 per person 10. Professional Development Series (18 hrs) $250 per person 11. Pre -Licensing Courses for Insurance (On-line) 1. (RCSR) - $419 per person 2. (ACA) - $419.per person 3. #2-15 course -$175 per person 4. #2-20 course -$529 per person //,A S 00 in N N u1 N epi V► N N 0 4A O O O N 00 r O Ln .Ill O O u1 lf1 O H O m N Qat a�-I N J � O O � d M (n lD M N 00 N c I L'S 00 3 0' V)- V)- V).tA� X O O O O L T t0 a �cn to v� i O O O O O O O 'O O O O J y. O O O O ?M �a 'U Ln 00 O) C) o 0 J'.y. O O O T V O — .i .i p. <n o0 00 00 i. 4) p Lr; to N C5 4 Ln In O u i T f6 7 p n O f O 'L, 00 00 O U :a1O-I ' O C 41 O m N CL H � O y L CL cu OD Y m u m N i L O . N O H L 0 d 41 L J.+ M , � O L fL O M 'L �. O. .;� W 01 s U � O Y .� i N u O to O_ N }; L Qi (u L > (Ii ,4, L u L i 1 u 'O Q - O. c fa u N c° � 41 m 3 c ��,, 0 r0 o. O �,..� > �, O O bD CJ O) N f6 i Q 'a �i •U L '- L 7 V O 0 L 3 C O u C M 0 � +� o O 3 v 3 L o �a �n � 4, Vf, .� Z I- LL F- F- I- H LL L ' M > 0 //,A S Phi INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: September 11, 2020 SUBJECT: Jacob Allenbaugh's Appeal of a Decision by the Planning and Zoning Commission that Construction of a Residence on Property at 6390 77th Street with a Legal Nonconforming 500' Tall Communications Tower is not allowed under County Regulations [98030058-86943] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 22, 2020. BACKGROUND Jacob Allenbaugh is a prospective buyer of property at 6390 77th Street owned by Vertical Bridge LANDCO, LLC (see location map, Attachment 1). The subject 17.8 acre property contains a 500 foot tall communications tower, also owned by Vertical Bridge. The property is zoned A-1, Agricultural District, up to 1 unit per 5 acres. In 2018, Mr. Allenbaugh contacted County staff requesting information on the development potential of the property, particularly for a residence. Staff responded in a letter dated 10/30/2018 (and with follow- up emails on 1/10/2019 and 1/30/2019) advising him that a residence could not be built on the property due to County regulations relating to the tower, as explained hereinafter. The tower on the property was approved for construction in 1990, in compliance with County land development regulations (LDRs) in effect at that time. In 1997, the County revised its LDRs to prohibit commercial communications towers 150 feet and taller in the A-1 zoning district. Because the structure was legal when constructed, but no longer meets County LDR requirements, the structure is now a "legal nonconformity" subject to the provisions of County Code Chapter 904. County Code Subsection 904.05(3) (see Attachment 3) provides that: ... [D]evelopment... of structures on property with site -related nonconform ities ... may be permitted provided that such additions... do not increase the degree of the existing site - related nonconformity. Since 1997, County Code Subsections 971.44(1)(d) and (g)1. (see Attachment 3) require that commercial communications towers 150 feet and taller satisfy the following criterion: 170 ... [T]he tower is to be located a distance more than equal to three hundred (300) percent of the tower height from the nearest residential dwelling (existing or under construction). A distance of 1,500 feet (300% of the 500 foot tower height) measured from the base of the subject tower covers the entire +17.8 acre property. As such, staff's finding is that development of a residential dwelling on the same property (owned/controlled by the same owner of the nonconformity) would increase the degree of the existing site -related nonconformity (the tower), since the 500' tower would not be allowed within 1,500 feet of a residential dwelling if built under current LDRs. Over the past year, Mr. Allenbaugh has researched the approval history and specifications of the subject communications tower. Among other things, Mr. Allenbaugh has learned that the tower, when built, was engineered to have a 200' design fall radius, a distance substantially less than the dwelling setback requirement of 300% of the tower height (1,500' in this case). Also, he was advised by staff that off-site residential dwellings, on parcels not under the ownership/control of the tower parcel owner, are allowed within the 1,500 setback. Appeal of Staffs Decision Initially, Mr. Allenbaugh's appeal started as an appeal of staff's interpretation of County regulations, contending that a residential dwelling should be allowed on the subject tower property, albeit outside of the tower's 200' design fall radius, particularly since off-site dwellings on parcels not under the ownership/control of the tower parcel owner are allowed within 1,500' of the tower. Mr. Allenbaugh has also provided examples of Vertical Bridge towers at other locations (outside of Indian River County, in Florida and in other states) where development has been allowed to occur in close proximity to towers of similar design (see application, Attachment 4). The procedure for processing "appeals from decisions of the community development director or his designee" is established under County Code Section 902.07 (see Attachment 5), which indicates that the Planning and Zoning Commission (PZC) hears and decides such appeals. Consistent with that procedure, Mr. Allenbaugh requested a formal letter from staff (i.e., the community development director or his designee) reaffirming staff's position on the matter. That letter was provided to him on March 12, 2020 (see Attachment 6). Subsequently, on April 3, 2020, Mr. Allenbaugh submitted an appeal of staff's March 12 letter, appealing staff's reaffirmed interpretation of the development restrictions applying to the subject tower property. Planning and Zoning Commission Decision On July 23, 2020, the PZC made a finding that staff s determination did not fail any of the three areas outlined in LDR Section 902.07(4), denied the appeal, and wholly affirm staff's determination by a vote of 5-2 (see Attachment 2). While affirming staff s determination, several members of the PZC, in acknowledgement of the unique set of facts regarding this situation, discussed the options for further appeal. At that point, staff confirmed that applicant could further appeal the PZC's decision to the Board of County Commissioners (BCC). 171 Appeal of the Planning and Zoning Commission's Decision As outlined in LDR Section 902.07(5), at any time within 21 days following action by the PZC, the appellant may seek further appeals from actions by the PZC to the BCC. On July 28, 2020, Mr. Allenbaugh submitted a formal request to appeal the PZC's decision to the BCC. The procedures outlined for the BCC's consideration of the requested appeal are the same as those outlined for the PZC (see Attachment 5). At this time, the BCC is to consider the appeal under guidelines provided in Section 902.07. In doing so, the BCC may uphold, amend, or reverse wholly or partly the decision by the PZC. The decision of the BCC shall be final. ANALYSIS In this case, the subject appeal is based on the appellant's assertion that the dwelling. setback requirement of 971.44(1)(g), requiring dwelling setbacks a distance of 300% of the tower height (1,500 feet), was established in 1997, after the subject tower was built, and therefore should not apply when considering an increase in the nonconformity. Since the regulations as revised in 1997 no longer allow such towers in A-1 zoning districts, Mr. Allenbaugh contends it is moot and inappropriate to apply the revised setback tied to the now -prohibited use in the district. Rather, the setbacks required at the time the tower was built in 1990 should apply (i.e., 110% of the tower height or other approved design fall radius, 200' in this case) when considering an increase in the nonconformity. Mr. Allenbaugh also contends that it is inequitable that dwellings on parcels other than the subject property can be (and have been) built within 1,500 feet of the tower, but a dwelling is not allowed to be built on the property itself within the 1,500 feet. Notwithstanding Mr. Allenbaugh's assertions, staff's position is that building a dwelling on the subject property would conflict with County Code Subsection 904.05(3), which does not allow structures on property with a site -related nonconformity that would increase the degree of the existing site -related nonconformity. Although the dwelling setback distance of 300% of the tower height was established after the subject tower was built, construction of a residence on the property would clearly increase the degree of nonconformity under the County's current tower -dwelling setback requirements. BCC Review Guidelines for Appeals Section 902.07 provides guidelines for the BCC's review of an appeal of a PZC decision (see Attachment 5). Under Section 902.07(5), the BCC is to review the PZC decision and make findings in the following three areas. In accordance with 902.07(4), the BCC may make additional findings of fact. 1. Did the reviewing official fail to follow the appropriate review procedures? If so, what procedural error was made? Staffs Response: Staff and the reviewing official followed the appropriate review procedures in establishing its position that construction of a dwelling on the subject tower property is not allowed under County regulations. In making its decision, staff reviewed aerial photos, County records, County regulations, and information provided by the appellant. Staff then reviewed all available information and rendered a determination in a timely manner. In addition, the 172 appellant has not raised an objection to any procedural item. Therefore, staff and the reviewing official did not fail to follow appropriate review procedures. 2. Did the reviewing official fail to properly interpret or apply the applicable zoning district regulations? If so, what error was made? Staffs Response: Staff and the reviewing official did properly apply the applicable zoning district regulations. In this case, the nonconformity requirements of County Code Chapter 904 apply relating to the communications tower on-site, including the tower -dwelling setback requirements of LDR Section 971.44(1). 3. Did the reviewing official fail to properly evaluate the application or request with respect to the comprehensive plan and land development regulations of Indian River County? If so, what error was made? Staffs Response: Staff and the reviewing official did properly evaluate the issue with respect to the comprehensive plan and the land development regulations. As previously referenced herein, LDR Subsections 904.05(3), 971.44(1)(d) and 971.44(1)(g)1. apply and support staff's conclusion that a dwelling on the subject property would increase the site -related nonconformity and is therefore not allowed. Moreover, Policy 10.1 of the Future Land Use Element (FLUE) of the County Comprehensive Plan (see Attachment 6) reads as follows: Polio: Indian River County land development regulations shall allow legally established non -conforming uses to continue until ceased. When a non -conforming use has ceased, it can be replaced only with a conforming use. All new development, even development associated with non -conforming structures, must meet current regulations. [Bold font emphasis added] Policy 10.1 provides that all new development, including development associated with non- conforming structures, must meet current regulations. Building a dwelling on the subject property with the tower nonconformity would not meet the current on-site dwelling -tower setback requirement, and therefore would not be consistent with FLUE Policy 10.1. SUMMARY Staff and the PZC has considered Mr. Allenbaugh's inquiry as to the regulatory allowance of building a residential dwelling on the subject tower property, and after thorough review of County records, regulations, and other information, has concluded that construction of a dwelling on the subject property is not allowed under County nonconformity regulations. Mr. Allenbaugh has raised issues as to the equity of not allowing a dwelling on-site within 1,500 feet of the tower when off-site dwellings are allowed within the 1,500 foot setback. Also, he has raised the point that the 1,500 foot setback does not reflect the design fall radius of the tower, and therefore goes beyond a setback required for safety reasons. Notwithstanding Mr. Allenbaugh's points, it is staff and the PZC's position that to allow a dwelling on the property would be contrary to County requirements and is not allowed under current County regulations. 173 RECOMMENDATION Based on the analysis performed, staff recommends that the Board of County Commissioners: Make a finding that staff and the PZC's determination did not fail any of the three areas outlined in LDR Section 902.07(4), and 2. Deny the appeal and wholly affirm staff and the PZC's determination. ATTACHMENTS 1. Location Map 2. Excerpt from July 23, 2020 PZC Minutes 3. County Code Sections 904.05 and 971.44(l) 4. Appeal Request with Attachments 5. County Code Section 902.07 (Appeal Procedures) 6. March 12, 2020 Staff Letter with Attachments 7. County Comprehensive Plan Future Land Use Objective 10 174 Jacob(Al lenhaugh appea Cof ® ecision �b�y he �ommuni eve o men irec ora cons ruc ion of a residence on grope y a 077'„ r' eewith a ie� noncon o� rmiU0'Ta11communications ower is no alowea under county regu a ions u_as_i- u iciall) airperson l lr To�fc d rognano as eaihe Commissioners to revea any ex- ar a communic-a ion wish he applican or any confli-cl thato o not alto hem o ma e�bias—e decision. The he s a e -fhaTtEey had noTha- any =ex - (parte communica ion. (The secre Ery a minis ere theesiimonial oaihiothose presen w�o wrs ed t -to -n meinon t ghis_ma er. Nle r. Ryan weeney revrw- edin orma iononring the ah ppeal of a de_crsion Eby the ommunievelopmen irec or an gave a ower om presen a ion, (copies oT-wffich o—whichare on ile iin-th-e-B -ofoun y ommissioners office. A� ear etanghe-timeline oche case as well ache appeal cn end; h recommen etc that the PZ'C i-n-a—t ff's7- eRermiha ion iamoot fail any o� the (three cn ena areas ou i -n -e --din ED- Secfion g 7(J; deny a appea ani whofl� affirm s a Mel—ermina ion. r. yan weeney, a ong r Bill'D-eB i, epu y Coun y A orney, an -Mr. hiflip'son, ommuniiy Deveiopment-6irec or, ans_were_ questions rom hie _ommissioners_regar ing zoning dimeric regu dons as_e re aeio'the u jec rope y. App ican F. acob-Allen augh claril=led7he basi7omhe appeal as we -fl as (Yiis_reasons or wan mg o purc ase a Subje_c - roper y an uilda reside i- mil (ONM-OTIN-Blfi"Nlr: tarry Flowle;EG 0�NDED BYr. [Jor an $ e_w he mem ers vo ea- iMlh7e aappliFe-al on rsuasr=Nine icral matter. 117f . fan Polackwichr.;Nlr:ChrpLaners�irperson (Toa�-Brognano an r:�onaihan Day were 7e o �osrng votes an `thi-`scion l'ailedj N-IVIaT1bN"BYfi7lr��1anPolac wrch r:, MCONUE� (BY -M -r Chip Lan�lc ers; the members vo e -(E7)%]o approve ga recom-�aions on!is uasi- (JiaicHal matter den yrng the _ap�eaf-ba—se d on riding a s a properly me he appea 176 cn ena areas. Mr�o�cr anewa an –171r: Furry (Howie were the opposing vo es an is mo ion passe . (6iscussion7ollFW- —ed _ruing ap�pro_ac esae p icantcould u�i1ize__ o accomp ish–Fi'mission ofmbui1Z[ing a residence on the sub�ec proper y. Commissioner's Matters There were none Planning Matters Mr. Ryan Sweeney noted that the next scheduled meeting on August 13, 2020 will likely not occur but that meetings would likely begin meeting more regularly in the coming months. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 7:54 p.m. 177 (1) General/y. No nonconformity shall be enlarged, increased, or changed to a different nonconformity, except upon a determination by the director of community development or his designee that the change results in lessening of the degree of the nonconformity. (2) Additions to nonconforming structures. Additions to nonconforming structures containing conforming uses shall be permitted, if the additions to the structure(s) comply fully with setback and other applicable site -related regulations. (3) Additions to, and development orre;development of, establishmentswith s/te;related nonconformities. Additions to, and development or redevelopment of, structures on property with site -related nonconformities, where the structural additions and associated improvements do not warrant the submittal of a major site plan, may be permitted provided that such additions are in conformance with all applicable laws and ordinances of the county, do not create nonconforming uses or structures, and do not increase the degree of the existing site - related nonconformity. Where an addition or redevelopment proposal warrants the submittal of a major site plan. application, all site -related nonconformities shall be terminated and brought into compliance with all applicable regulations of the county, with the following exceptions: (a) Site -related nonconformities pertaining to building encroachments into required setback areas, and (b) Site -related nonconformities created by public right-of-way acquisition. (4) Verifying post right-of-way acquisition status. Nonconformities, including nonconformities on single-family residential sites, created or increased in degree on a site by public right-of-way acquisition may be authorized by the community development director or his designee upon issuance of a letter verifying the post -acquisition legal nonconformity status of the site. (S) Cure plan required for commercial and multi -family sites where impacts of nonconformities created by right-of- way acquisition require mitigation. Where right-of-way acquisition by a governmental agency such as Indian River County or the State of Florida from a commercial (includes multi -family) site will result in a nonconformity related to setbacks, open space, stormwater management, parking, landscaping, or buffer width, or will result in an increase in the degree of such a nonconformity that existed prior to the acquisition, such nonconformity or increase in the degree of nonconformity shall be allowed upon approval of a "cure plan" site plan. (a) A cure plan site plan shall identify the following: 1. Site design changes and site improvements necessary to accommodate the right-of-way acquisition and reduce the degree of or mitigate the impacts of nonconformities. Such design changes and improvements may include but are not limited to parking and driveway additions and modifications, pedestrian and hardscape improvements, landscape and buffer plantings, sign relocations and modifications, and stormwater management system changes. 2. The parties responsible for installing the cure plan improvements, along with timeframes for completion of the changes and improvements. (b) The cure plan site plan shall be accompanied by a document, in a form approved by the county attorney's office, providing written acknowledgment of cure plan related responsibilities by the parties involved in the acquisition. (c) The community development director or his designee is authorized to approve cure plan site plans and may attach approval conditions to reduce the degree of or mitigate the impacts of nonconformities and/or ensure implementation of the cure plan site plan. ATTACMENT 3 These regulations are intended to authorize non -conformities resulting from right-of-way acquisitions and provide for cure plans used in conjunction with the right-of-way acquisition process. These regulations are not intended to create any obligations beyond those obligations addressed in the right-of-way acquisition process. (6) Single-family home non -conformities created by county -initiated rezoning. For a legally established non- conforming single-family home that became non -conforming due to a county initiated rezoning action occurring after january 1, 1980, a setback non -conformity may be extended for an attached accessory structure such as a screen enclosure provided such extension does not exceed the degree of setback non -conformity of the single- family residence. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-23, § 3, 5-15-91; Ord. No. 2012-015, § 1, 7-10-12; Ord. No. 2017-013, § 1, 10-3-17) ATTACFP NT 3 K NOTE: Wireless facilities are regulated under section 971.44(5). The intent of these regulations is to reasonably accommodate telecommunications needs in a non-discriminatory and competitive neutral manner while ensuring safety, appropriate locations of communications towers and antennas, avoiding an unnecessary proliferation of new tower sites, and minimizing negative aesthetic impacts of communications towers and antennas. Additions (such as antennas or support structures) to existing, legal nonconforming communications towers shall not require special exception use approval unless such additions result in an increase in the original tower height by ten (10) percent or more, as referenced in section 971.05 3), and the increased height requires special exception use approval under the requirements of this section. Where no special exception use approval is required, staff level approval may be granted. (Note: see section 901.03 definition of "communications tower" for limitations applicable to utility poles.) (a) Camouflaged commercial communications towers seventy (70) feet to one hundred fifty (150) feet tall: administrative permit use approval is required: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan. Criteria 2, 4, and 7 as specified in subsection (g) below must be satisfied for approval of any application. Applies in all zoning districts. (b) Monopole commercial communications towers seventy (70) feet to one hundred fifty (150) feet tall, structurally designed and built to accommodate at least two (2) users: administrative permit use approval is required. Criteria 1, 2, 4, and 7 as specified in subsection (g) below must be satisfied for approval of any application. Applies in the following districts: A-1, A-2, A-3, PRO, OCR, MED, CL, CG, CH, IL, IG, Con -1, Con -2, and Con -3. (c) Commercial communications towers seventy (70) feet to one hundred fifty (150) feet tall not camouflaged and not monopole (with (d) minimum structural capacity for two (2) users): 1. Within one mile of urban service area: special exception use approval is required. Criteria 1-16 as specified in subsection (g) below must be satisfied for approval of any application. Applies in the following districts: A-1, A-2, A-3, Con -1, PRO, OCR, MED, CN, CL, CG, CH, IL, and IG. 2. More than one mile from urban service area: administrative permit use approval is required. Criteria 1-16 as specified in subsection (g) below must be satisfied for approval of any application. Applies in the following districts: A-1, A-2, A-3, and Con -1. A-3, Con -1, IL, and IG. exception use approval is required. Criteria in the following districts: A-2, (e) Non -conforming commercial towers maybe replaced with anew tower that does not meet the setback standards of criteria (g)1. below if: the degree of setback non -conformity is not increased, the tower is designed for and used by multiple users, and the applicable approval procedures and criteria for the type of tower specified in (a)—(d) above are satisfied. 1. Commercial communications towers over seventy (70) feet tall maybe approved as a special exception use on a publicly owned site in any zoning district, subject to satisfying criteria 1-17 of subsection (g) below, and subject to the following: a. The site shall be twenty (20) acres or larger in size, and b. The proposed tower shall be set back from the nearest boundary of developable private property a distance equal to three hundred (300) percent of the tower height. (f) Additional information requirements: 1. Documentation of the possession of any required license by any federal, state or local agency; 2. A site plan, pursuant to the requirements of Q]2RJ r 914: 3. A map showing the distance from the proposed tower to the closest towers over seventy (70) feet in height located north, south, east, and west of the proposed tower. 4. Information on how fair market value rates will be determined and applied to other potential users for leasing/renting space on the proposed tower. 5. Additional requirements relating to towers may also be found in Chapters 911. 912, ander. (g) The following criteria must be used for administrative permit and special exception uses, as previously specified: 1. All towers not related to amateur radio communications use and not constituting a "camouflaged commercial communications tower" shall have setbacks from all property lines or boundaries of development sites (areas180 ATTACHMENT 3 development) involving more than one property equal to one hundred (100) feet or one hundred (100) percent of the tower height, whichever is greater. In addition,he a plication shall demonstratethat,the tower is to be located.a distance more thane uahto,th e7Ft5 ndred•(30towe_r�height from,the nearesuresidential,dwelling•(existing or under construction). Said distance shall be measured from the closest point of the tower structure to the closest point of the dwelling. Towers constituting a "camouflaged commercial communications tower" need satisfy only the building setbacks for the type of structure used or simulated. 2. Towers shall be designed and constructed according to applicable building code wind -loading requirements. 3. The distance of any guy anchorage or similar device shall be at least five (5) feet from any property line. 4. All accessory structures shall be subject to the height restrictions provided in Accessory uses, Chap er 917. Accessory buildings and shelters shall meet the requirements of section 917.06(8)(D). 5. If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter: four (4) inches) the following: "HIGH VOLTAGE - DANGER." 6. No equipment, mobile or immobile, which is not used in direct support of the transmission or relay facility shall be stored or parked on the tower site area of development unless repairs to the facility are being made (applies only on A-1, A-2, or A-3 zoned property). 7. No tower shall be permitted to encroach into or through any established public or private airport approach path as provided in the airport height limitations. All proposed towers shall satisfy the airport zoning ordinance requirements. 8. Suitable protective anti -climb fencing (e.g. eight -foot fencing with barbed wire) and a landscape planting screening shall be provided and maintained around the structure and accessory attachments. One canopy tree (minimum height of twelve (12) feet with six-foot spread at time of planting) and two (2) understory trees (minimum height of eight (8) feet at time of planting) shall be provided for every thirty (30) feet of the tower base/accessory structures' fenced perimeter. Credit shall be given for existing tree located between the tower base perimeter and adjacent areas that are being buffered. The required trees shall be planted in a pattern to maximize screening of the base area of the tower from the view of adjacent road rights- of-way and adjacent residentially designated or residentially used properties, without conflicting with any guy wires. Trees credited or planted to meet this screening requirement shall be located on property under the control of the applicant to ensure that the screening trees are preserved and maintained. 9. All towers shall submit a conceptual tower lighting plan. Louvers or shields may be required as necessary to keep light from shining down on surrounding properties. Where lighting is required by a government agency, dual (day/night) lighting must be used unless otherwise directed by other agencies. 10. For special exception use requests for towers in the urban service area, all property owners within six hundred (600) feet of the property boundary shall receive written notice via certified mail. For towers outside the urban service area, all property owners within one-half (Yz) mile of the tower site shall be notified, as follows: certified mail to owners of property within the first six hundred (600) feet, regular mail to the remainder. 11. Applicants shall justify in writing why no other existing tower or other potential collocation facility within the "accepted search area," as defined below, could be used to meet the applicant's transmitting/receiving needs. An application may be denied if the justification does not show the use or an existing tower or potential collocation facility within the "accepted search area" is not feasible. The written justification shall include the following: (a) A scaled map showing the "acceptable search area." Said area shall be one hundred fifty (150) percent of the search area radius of the proposed facility, which shall be demonstrated based on radio-frequency information (including field data) and specifications, antenna height, terrain, and proposed telecommunications service. (b) Said scaled map (see (a), above), shall show the location, height, and users of the following: existing, approved, and proposed tower sites and potential collocation sites (e.g. transmission pole corridors, ballfield lighting facilities, steeples, water towers, silos, and other tall structures). (c) A countywide map showing the general location of the applicant's existing facilities and tentative five-year location plan for future facilities. (d) For each existing, approved, and proposed facility mapped under (b), above, a written explanation of why such facility cannot be used. justifiable reasons may include owner rejection. Reasons given that involve inadequate height, inadequate space or structural capacity and radio-frequency interference shall include an explanation of why structural 181 ATTACHMENT 3 modifications that could overcome such problems are not feasible; any such reasons shall be reviewed by a county engineering consultant, as referenced in (e) and (f) below. (e) Submittal of a fee established by resolution of the board of county commissioners, separate from site plan and special exception review fees, to cover the county's costs of hiring an engineering consultant to review the written justification, where a county consultant review is required under subsection (d), above. (f) Within ten (10) working days of receiving a written justification that requires county consultant review, the county's engineering consultant shall submit to county staff written comments regarding the applicant's justification and reasons. Prior to scheduling the tower application for planning and zoning commission consideration, the county shall obtain from a hired engineering consultant review comments on the applicant's justification. The county's consultant shall present said comments to the planning and zoning commission, (and to the board of county commissioners for applications to be considered by the board), and said comments and presentation shall be considered in the county's decision on the tower application. 12. Applicants shall provide notice of the proposed tower to potential users. (a) At least forty-five (45) days prior to planning and zoning commission consideration of an application, the applicant shall send a notice by certified mail to all known potential tower uses, as specified by the planning division. Said notice shall provide tower technical specifications, location, height, and an invitation to respond within twenty (20) days to both the applicant and planning division if co -use of the tower is desired. Said notice shall also include the phone number, facsimile number, and address of the applicant's contact person and the planning division. Respondents shall provide the applicant and the planning division with the name and phone number of a contact person who has authority to negotiate co -location arrangements. "Technical tower specification" shall include the following: • Structural capacity characteristics of the tower • Output frequency and modulation characteristics of all proposed users • Manufacturer, type, model number, radiation diagram, and manufacturers specifications of all proposed antennas • Site elevation and antenna height range (maximum and minimum heights above ground level) • A lit of proposed accessory buildings and available equipment space on-site or within proposed buildings (b) Within fifteen (15) days of receiving a timely response from an interested potential co -user, the applicant shall inform the respondent and the planning division in writing as to whether or not the co -use is acceptable and under what conditions. If the co -use is not acceptable, then the applicant must provide the respondent and the planning division written justification as to why the co -use is not feasible. 13. Towers shall be designed to accommodate multiple users, as follows: • Lattice towers shall be engineered and constructed to accommodate a minimum of three (3) users. • Monopole towers may be engineered and constructed to accommodate a single user. • Camouflaged towers may be engineered and constructed to accommodate a single user. 14. A condition of approval for any tower application shall be that the tower shall be available, at market rate costs, for other parties and interests. This shall be acknowledged in a written agreement between the applicant and the county, on a form acceptable to the county, that will run with the land. Said notice shall be recorded in the Indian River County public records, at the applicant's expense. 15. If the use of a non -camouflaged tower is abandoned for more than twelve (12) consecutive months, then the tower shall be dismantled and removed from the site. (a) Prior to release of an approved tower site plan, the property owner shall acknowledge in writing, in a manner acceptable to the county attorney's office, his or her responsibilities as the property owner to perform or contract to perform and pay all costs associated with dismantling and properly removing and disposing of an abandoned tower. 16. Except where superseded by applicable state or federal regulations, non -camouflaged towers shall be painted or constructed in neutral color (e.g. non -contrasting gray or blue) to blend into the surrounding environment. 17. Except for the exemptions cited below, non -camouflaged towers over one hundred fifty (150) feet tall shall be separated as follows: 182 ATTACHMENT 3 a. Proposed lattice towers over one hundred fifty (150) feet in height shall be separated a distance of at least five thousand approved lattice towers over one hundred fifty (150) feet in height, and at least one thousand five hundred (1,500) feet fro non -lattice towers (over one hundred fifty (150) feet in height). b. Proposed non -lattice towers over one hundred fifty (150) feet in height shall be separated a distance of at least one thousand five hundred (1,500) feet from existing and approved non -camouflaged towers over one hundred fifty (150) feet in height. Exemptions. Tower applications shall be exempt from the separation distance requirements specified above, as follows: (1) Where the tower is proposed to be located more than two thousand five hundred (2,500) feet from any public road and form any existing residence; or (2) Where the applicant can demonstrate that applying the separation distance criteria to his or her application would result in a net increase in the number of communications towers needed. (3) Where the tower is proposed to be clustered with another tower(s) by being located no more than two hundred (200) feet from the tower(s) within the cluster. ATTACNT 3 APPEAL OF: FEES: INDIAN RIVER COUNTY 1801 27TH STREET, VERO BEACH FL, 329600 REQUEST FOR APPEAL BY AFFECTED PARTY • Decisions of die Connnunity Development Director or Designee; AND • Actions/Decisions of the Planning and Zoning Commission (PZC) I.0 Appeal of Site Plan Project Action/Decision: Appeal by affected party: $900.00 II. Appeal of Staff Determination: $800.00 Project name & number Allenbaugh Appeal - 6390 77th St Tower Restricted Area 198030058-86943] OWNER: (PLEASE PRINT) Vertical Bridge, LANDCO, LLCO NAME 750 Park of Commerce Drive. Suite 2000 ADDRESS Boca Raton FL 33487 CITY STATEO ZIP PHONE EMAIL CONTACT PERSON SIGNATURE OF OWNER (or attach letter of authorization) APPLICANT: (PLEASE PRINT) Jacob & Elizabeth Allenbaugh NAME 7760 66th AvO ADDRESS Vero Beach, FL 329670 CITY STATEO ZIP 321-591-6310 PHONE 23hondasl2gmail_comn EMAIL Jacob Allenbaugh CONTACT PERSON SIGNATURE. -O ' LICANT Site Address (If Applicable): 6390 77th St (31-39-32-00000-5000-00018.1) 1 What is being appealed? (See attacBeQ tte ATTACHMEK,.4 rACcmmunity Development\APPLICATIONMurDev applicationA2.019 Applications\Appealbyaffectedpartyxtf Feb 2019 1 of 2 INDIAN RIVER COUNTY 1801 27-n' STREET, VERO BEACH FL, 32960 2.a Reason(s) for the appeal (See attached letter) 3.a What staff (or P&ZC) error(s) is alleged? . (See attached letter)a 4a What land development regulation (LDR) provision(s) have allegedly been improperly 5.a What LDRs and/or Comprehensive Plan goals, objectives, policies support your position?a NOTE: Supplemental or additional information may be attached. If such information is being attached, please list here what is being attached: La Proposed site plan sketcha 2.a Non -conforming structure mapa 3.a Staff report 4.a PowerPointa OFFICE USE ONLY:a ATTACHMENT 4 FEE PAID: a DATE RECEIVED:a DATEaACCEPTED: 185 FACommunity DevelopmeaMPPLICATIONS\CurDev applicatious\2019 Applications\Appealbyaffectedparty.rtf Feb 2019 2 of 2 Request for Appeal by Affected Party Applicant: Jacob & Elizabeth Allenbaugh 776066 th Ave Vero Beach FL 32967 321-591-6310 23hondas(a),gmail.com Site Address: 6390 77' St Vero Beach FL 32967 1. What is being appealed? The Community Development Department's decision to not permit a residential structure be built on 6390 77th St. 2. Reason(s) for the appeal. We would like to buy the property from Vertical Bridge LLC, the current owner. Then build a home, barn, and graze animals as well as potentially subdivide the land so one of our siblings can build a home and live close by. See attached basic site plan proposal. 3. What staff (or P&ZC) error(s) is alleged? The Community Development Department states they will not grant permission to build a residential structure on this property due to the presence of a 500' tall FM tower as the section 971.44 (g) of the LDR specifies a fall radius of 3x the height of the tower. This section was created after the FM tower was built. The Community Development Department is stating that no residential structures can be built on this property due to the new fall radius specified in 971.44 (g) but surrounding properties are considered grandfathered, and have built structures since the new section was written. Staff indicated that future structures on surrounding properties will be conforming as well, despite all said structures being inside the 1500' fall radius. Examples of these structures are indicated in red on the map attached. ATTACHMIMT 4 The Community Development Department has engineering on file showing a 200' designed fall radius and a 550' actual fall radius. See attached staff report, page 6 for the engineering on file. 4. Attached is a Power Point showing towers owned by Vertical Bridge that have structures built after and near towers that are similar to the subject tower. In their experience with counties across the country, regulations like 971.44 (g) are written to control the construction of new towers in order to protect surrounding property owners from the risk, property devalue, etc a new tower may impose. The tower on slide two is of most interest as it is in Boca and very similar in height. We are asking that the interpretation of section 971.44 (g) be reconsidered and consistently applied. In other words, if all of the surrounding properties are considered non -conforming and being treated as grandfathered, allow 6390 to be grandfathered as well using the engineered fall radius or one that does not exceed the closest property line. This would regulate all existing and future residential structures be built at the same distance or greater away from the tower. Please allow us to purchase and develop the property in accordance to its' zoning and the LDR. As stated earlier, it seems that 971.44 (g) was originally written to regulate the construction of new towers, not homes. Attachments: Proposed site plan Non -conforming structure map Staff report Power Point We sincerely appreciate your consideration. 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' _ • ti :;r t Fieldstone Ra°� o� O Ll 2 U O .D O L Ln O N OA N Vf p M 00 co v a cLn �r-4 3 OA O in N "v On a v N M o c C CL 4- Z ~>+ •� C aj .a is F� d J O > c � O c0 •X u / •i 00 LL o- .P— on U O Lc) L v C*) O 0 U -N 0 _0 N'V O p .D C0 Q) co b .. N N C '� •v1 a 0 ++ N N •C�C C V O = ��� N� > MtA Z is F� d N Ln O 00 a L QJ � 00 O 00 Ln N CU M < M M �-- N 00 N O% O 704 wile y� Mali Ile, C, d" F • t l�� h _unix tf al s. +.li�: *1 «tet G��cS t• fr" p•i •�lr, � YSi�".�' i� ' ..a i. qtr' `1' r • .• 4t _ RI 4 f19Ff! . . wdfl" I'i�,L-.. 1' � ��•i+==aeaaar�r�Ji• ..cam_ v L c� s O O r s N v00 n an 5 •r- on r� O 3 uLO co �v- m.c p on H N "600 (14 -� Q,O w N M C i o L N Ln CO co +-+ O C N 4J N N N N anL AO W N '0 CA (1)L = '0 • � L �_ (1) Purpose and intent. This section is established to provide a mechanism for the hearing and resolution of appeals of decisions or actions by the community development director or his designee and for further appeals from decisions and actions from the planning and zoning commission. (2) Authorization. (a) The planning and zoning commission of Indian River County shall be authorized to: 1. Hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by the community development director or his designee in the application and enforcement of the provisions of the land development regulations. 2. Hear and decide appeals when it is alleged that there is an error in the interpretation or application of a provision(s) of these land development regulations in relation to a development application. Decisions rendered by the planning and zoning commission may be appealed to the board of county commissioners which shall have the power to hear and decide such appeals. (b) Upon appeal and in conformance with the land development regulations, the planning and zoning commission in exercising its powers may reverse, may affirm wholly or partly, or may modify the order, requirement, decision, interpretation, application or determination of the community development director or his designee. (c) Any action amending or reversing wholly or partly the community development director's decision shall require four (4) affirmative votes of the planning and zoning commission. (3) Appeal procedures. (a) The applicant, or any other person(s) whose substantial interests maybe affected during the development review process, may initiate an appeal. (b) Appeals must be filed within twenty-one (21) days from the date of notification letter rendering the decision by the respective official. Appeals may be concurrent with requests for approval of a development application(s). (c) An appeal must be filed within the specified time limit with the planning division on a form prescribed by the county. All such appeals shall recite the reasons such an appeal is being taken. The appeal shall identify: the error alleged; the ordinance allegedly improperly interpreted, or the decision or order allegedly improperly issued; the land development regulations supporting the applicant's position; and the goals, objectives and/or policies of the comprehensive plan supporting the applicant's position. The appeal shall be accompanied by a fee to be determined by resolution of the board of county commissioners. The community development director shall schedule the appeal at the earliest available meeting of the planning and zoning commission. (d) Notice of the appeal, in writing, shall be mailed by the planning division to the owners of all land which abuts the property upon which an appeal is sought at least seven (7) days prior to the hearing. The property appraiser's address information for said owners shall be used in sending all such notices. The notice shall contain the name of the applicant for the appeal, a description of the land sufficient to identify it, and a description of the appeal requested, as well as the date, time and place of the hearing. (e) All appeals shall be heard at a meeting of the planning and zoning commission. At the appeal hearing, all interested parties shall have a right to appear and address specific concerns directly related to the appeal. Any person may appear by agent or attorney. All such hearings shall be conducted as de novo hearings and ATTIWENT 5 in compliance with the rules of procedure for the planning and zoning commission. The time and place scheduled for the hearing shall be provided to the applicant in writing after an appeal application is submitted. (f) Prior to the appeal hearing, all relevant information regarding the action from which the appeal is taken shall be compiled and transmitted by staff to the planning and zoning commission. (4) Action by the planning and zoning commission, findings of fact. At the appeal hearing, the planning and zoning commission, inconformity with the provisions of law and these land development regulations, may uphold, overturn, or overturn and affirm in part the decision being appealed. In reviewing an appeal, the planning and zoning commission shall make findings in the following areas: (a) . Did the reviewing official fail to follow the appropriate review procedures? If so, what procedural error was made? (b) Did the reviewing official fail to properly interpret or apply the applicable zoning district regulations? If so, what error in interpretation or application of zoning district regulations was made? (c) Did the reviewing official fail to properly evaluate the application or request with respect to the comprehensive plan and land development regulations of Indian River County? If so, what error was made in evaluating the application or request with respect to the comprehensive plan policy or land development regulations? The decision of the planning and zoning commission shall be final unless further appealed. Not withstanding findings (a) through (c) above, the planning and zoning commission may make additional findings of fact. (5) Further appeals from actions by the planning and zoning commission. At any time within twenty-one (21) days following action by the planning and zoning commission, the applicant, the county administration, any department thereof, or any other person whose substantial interests may be affected by the proceeding may seek review of such decision by the board of county commissioners. The decision of the board of county commissioners shall be final. At the hearing scheduled for the purpose of considering an appeal of the planning and zoning commission's action, the board of county commissions may, in conformity with the provisions of law and these land development regulations, uphold, amend, or reverse wholly or partly the decision by the planning and zoning commission which is being appealed. Appeals of planning and zoning commission decisions to deny rezoning applications are regulated in section 902.12. All other types of appeals to the board of county commissioners shall be conducted in accordance with the provisions of subsection 902.07(3), and the board of county commissioners shall review the appeals with respect to the findings criteria of subsection 902.07(4). Any action by the board of county commissioners reversing a planning and zoning commission decision shall require three (3) affirmative votes. (6) Effect of filing an appeal. The filing of an appeal shall terminate all proceedings which further the action appealed until the appeal is resolved, except when the halting of such action poses a threat to life or property. The planning and zoning commission shall make this determination. Notwithstanding this provision, proceedings involving review of a development application may proceed when an appeal of an administrative decision has been filed and will be considered concurrent with the development application request. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 2, 2-27-91; Ord. No. 93-29, §§ 8A, 86, 9-7-93; Ord. No. 2002-004, § 1, 2-12-02; Ord. No. 2012-014, § 1, 7-10-12) ATTACHMENT 5 196 March 12, 2020 Jacob Allenbaugh 7760 66' Avenue Vero Beach, FL 32967 23hondas a,gmail.com INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www.ircgov.com Re: Construction of a residence on property with a + 500' communications tower (6390 77th Street, tax parcel no. 31-39-32-00000-5000-00018.1) Dear Mr. Allenbaugh: Concerning the subject property at 6390 77" Street, I am writing with reference to your zoning verification request letter received 10/16/2018; staff's response letter dated 10/30/2018; and staffs follow-up emails dated 1/10/2019 and 1/30/2019 (see attachments). More specifically, I am writing to reaffirm county staffs position that construction of a residence on the subject property, albeit outside of the 200' design fall radius of the tower, would increase the degree of the existing site -related nonconformity (i.e., the tower) and therefore is not allowed. The tower on the property was approved for construction in 1990, in compliance with County land development.regulations (LDRs) in effect at that time. In 1997, .the County revised its LDRs to prohibit commercial cominunications towers 150 feet and taller in the A-1, agricultural zoning district, which is the zoning of the subject property. Because the structure was legal when constructed, but no longer meets County LDR requirements, the structure is now a "legal nonconfonnity" subject to the provisions of County Code Chapter 904. County Code Section 904.05(3) (attached) provides that: ... [D]evelopment... ofstructures on property with site -related nonconformities ... may be permitted provided that such additions ... do not increase the degree of the existing site-. related nonconformity. Since 1997, County Code Subsections 971.44(1)(d) and (g)1. (attached) require that commercial communications towers 150 feet and taller satisfy the following criterion: ...[T]he tower- is to be located a distance more than equal to three hundred (300) percent of the tower height from the nearest residential dwelling (existing or under construction). A distance of 1,500 feet (300% of the 500 foot tower height) measured from the base of the tower covers the entire +17.8 acre property. As such, development of a residential dwelling on the same property (owned/controlled by the same owner of the nonconformity) would increase the degree 197 ATTACHMENT 6 of the existing site -related nonconformity (the tower), since the 500' tower would not be allowed within 1,500 feet of a residential dwelling if built under current LDRs. Right to Appeal Under County Code Section 902.07 (attached), you have the right to appeal decisions of the Community Development Director or his designee relating to interpretation and application of County land development regulations. Such appeals are heard by the Indian River County Planning and Zoning Commission. If you choose to appeal, the appeal must be filed within 21 days from the date of your receipt of this letter. Please be advised that there is an $800 fee for such appeals. Thank you. If you. have any questions, please let me know. I can be reached at (772) 226-1254 or rdeblois a irc2ov.com . Sincerely, Roland M. DeBlois, AICP Planning Director Attachments: 1. Staff response letter dated 10/30/2018 (including attachments) 2. Staff email dated 1/10/2019 (including attachments) 3. Staff email dated 1/30/2019 4. County Code Section 904.05 5. County Code Section 971.44(l) 6. County Code Section 902.07 7. Appeal application Cc: Phil Matson Ryan Sweeney John McCoy 198 October 30, 2018 Jacob Allenbaugh 7760 661h Avenue Vero Beach, FL 32967 23hondas@ v-mail.com ATTACHMENT 1 INDIAN RIVER COUNTY . COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www.iregov.com RE: Zoning verification for 6390 77" Street, Vero Beach, FL 32967 Tax Parcel Identification # 31-39-32-00000-5000-00018.1 Dear Mr. Allenbaugh, Planning staff has reviewed your recent letter requesting verification of certain zoning -related items regarding the above referenced parcel. Please be advised the subject site is zoned A-1, Agricultural District (up to 1 unit per 5 acres) and is located outside the urban service area. Staff offers the following responses: 1. Build a storage barn/garage of approximately 5,000- 7, 000 square feet inside the fall zone. Staff would not support the placement of structures, including storage structures (i.e. barn, shed, garage, etc.), uncovered parking of vehicles or equipment, or access driveways within the designed fall radius of the existing tower. 2. May the property be subdivided as shown on the attached drawing? Each parcel must have the minimum amount of frontage along an approved. road right-of-way. Since the subject parcel is zoned A-1, Agricultural District, the property owner may apply for an Affidavit of Exemption (AOE) following the requirements of 913.06 of the County's Land Development Regulations (LDR's). A pre -application conference is required prior to submitting an AOE application. The LDR section for an AOE may be viewed at the following link: bqps://IibM.municode.com/fl/indian river coup/codes/code of ordinances?nodeld=COOR TITIXLADERE CH913SUPL S913.06COREEX The A-1 zoning district requires a minimum of 200,000 square feet of lot area, a lot width of 150', and a minimum of 60' of continuous road frontage. Any new property line created by an AOE cannot create a setback non -conformity for the new tower. See the response to item #4 for setback information. ATTACHMENT 6 199 FACommunity Development\CurDev\TMs and correspondence\2018 TMs\TM2018-0128 6390 77th Street (Tower ParceD.dmx 1 3. Are there any major permitting costs associated with constructing an additional driveway? The access driveway proposed on the submitted conceptual plan [attachment 1] would not be required to be paved on-site, but would need to be paved within the right-of-way (ROW) and will require a ROW permit from the County's Engineering Division (772-226-1283). The application is included in this letter for your review [see attachment 2]. The specific design and development conditions for an access driveway will be discussed upon submission of the AOE plan. 4. May a home be built on any of the proposed parcels, outside the fall zone? Be advised that staff has conducted research of the County's development database and site plan files and was unable to locate a site plan for the tower. Therefore, we could not verify that a designed fall zone was ever approved. You mentioned in your letter that you reviewed the property's file and indicated on your drawing a fall zone of 200'. If you can provide documentation on the fall zone, and how it was approved, we would be happy to review it. Otherwise, any structure(s) would need to be setback a minimum distance from the tower that is equal to the tower height, which is the default setback in section 971.44(1)(g)l of the County's LDR's [see attachment 3]. The County's Telecommunications Inventory indicates a height of 503.8' for this tower [see attachment 41. As noted previously, any new property line cannot create a setback non -conformity for the existing tower. Using the setback of 503.8' for any new proposed property will affect proposed lot layouts. 5. May a pond be allowed in the area shown on the submitted plan, and are there any depth or size restrictions? A pond may be dug, following the provisions of section 934.04(9). [See attachment 51 6. Are there any impact fees that they be credited from previous development? The County's permitting database indicates a demolition permit was issued in 2005 to demolish an existing house. However, the size of the house was not included on the permit description. Single family residential impact fees are based on the size of the home and have three (3) categories (less than 1,500 sf; 1,500 to 2,499 sf; and 2,500 sf or larger). While an impact fee is creditable for the subject property, the exact amount cannot be determined at this time. If you have documentation of the size of the previous house, that should be included with submission of a single-family home building permit application. In the absence of such documentation, the County would credit the lowest size. If you have any questions, you may contact me at (772) 226-1715 or pmurphy@lrc og v.com. Sincerely, Patrick J. Murp , Senior PiandIr Community Development Department ATTACHMENT 6 200 FACommunity DevelopmenWurDev\TMs and correspondence\2018 TMs\TM2018-0128 6390 'nth Street (Tower Pmel).docx 2 Attachments: 1. Submitted Conceptual Plan 2. ROW Application 3. LDR Section 971.44(1)(g)I 4. Telecommunications Inventory 5. LDR Section 934.04(9) cc: Stan Boling, AICP (via e-mail) John W. McCoy„ AICP (via e-mail) Steven Hitt (viae -mail) Kathy Charest TM 2018-0128 (via e-mail) ATTACHMENT 6 201 ver Parcel):doca 3 RECEIVED OCT 16 2018 Dear Mr. Boling, Community Domlopmedt I am considering purchasing the property at 6390 77th St Vero Beach FL 32967, appraiser parcel ID 31393200000500000018.1 from its current owner. Purchasing this property is going to be a big step for my young family so I would like to learn as much as possible about what can be done with this parcel. As you will see the property contains an FM tower. i spoke with the planner of the day on 9/24/18 and we came to the conclusion that writing you a letter is the best course of action since, as he put it, I'm looking to build on property with an existing tower - whereas its usually the opposite scenario. I would like to make sure my potential development plans for the property are acceptable - most of which will be determined by what the fall zone size actually is and how it impacts future buildings. According to what I've determined from the property's file, the fall zone has a radius of 200'. If that is indeed the case, I've broken down my potential plans below. Please respond accordingly to each plan number below. We would like to — 1. Build a storage bam/garage of approximately 5000-7000 sgft inside the fall zone. 2. Subdivide the property as shown (1, 2 and 3) and potentially sell the front parcel at some later date. 3. Construct an additional driveway as shown to provide access to the rear parcel (shown in teal). If allowed, are there any major permitting costs or fees I should be aware of that are associated with another entry connecting to the road? 4. Build a home on any of the parcels, with the home being positioned outside of the fall zone. 5. Dig a pond in the area shown. If allowed are there any depth or size restrictions I should be aware of? 6. The planner of the day also noticed a house was demo'd previously on the property and may qualify us for an impact fee credit iftwhen we build a house. Can you confirm whether there is, or is not, a credit available? I've enclosed a $50 check (#1201) for your services, and I look forward to hearing back from you. Best regards, Jacob Allenbru h �IoCJ GC. t 321.591.6310 23hondas@gmail.com ATTACHMENT 6 202 ATTACHMENT 1 DATE INDIAN RIVER COUNTY RIGHT-OF-WAY REVIEWIPERMIT APPLICATION R.O.W. PERMIT NO. APPLICANT NAME PHONE ADDRESS CONTRACTOR NAME EMERGENCY PHONE NO. (REQUIRED) ADDRESS OFFICE PHONE NO. LOCATION OF WORK STREET ADDRESS LOT BLOCK SUBDIVISION UNIT DESCRIPTION OF WORK TYPE OF REVIEW/PERMIT: (CIRCLE ONE) RESIDENTIAL COMMERCIAL LAND DEVELOPMENT SITE PLAN UTILITY RIGHT-OF-WAY JURISDICTION: (CIRCLE ONE) PUBLIC PRIVATE TYPE C STORMWATER REVIEW: (CIRCLE ONE) YES NO CONSTRUCTION TYPE: DRIVEWAY' CABLE TV UNDERGROUND STREET PAVING ELECTRICITY OVERHEAD SIDEWALKS/CURBS TELEPHONE STORM DRAINAGE RIGHT-OF-WAY WATER SYSTEMS CLEARING SANITARY SEWER OTHER NOTE: 1. Detailed drawings shall be submitted with each application. 2. This permit is issued subject to all conditions on reverse side of this application. 3. A signature by the contractor shall be construed as making the contractor personally liable for all permit conditions unless contractor attached written proof of authorization to act on behalf of the applicant. 4. All work is subject to final inspection by Engineering Division. Call 770-5455, "AIRS" (automated inspection request system) to schedule inspections for any permit issued after January 1, 2003. APPLICANT I CONTRACTOR SIGNATURE NAME (PLEASE PRINT) OFFICE USE ONLY NOTES: PERMIT FEE $ ISSUING OFFICER DATEISSUED EXPIRATION DATE Rev. 2/18104 C:1Documentsand SeWngs\webmasterlDesktoplROwAPPLICA'nONFORMA= ATTACHMEN2T(# ATTACHME14T RIGHT-OF-WAY CONDITIONS Applicant shall not begin construction of any kind in the County right-of-way prior to application and issuance of a valid permit by the Department of Public works. 2. Any areas disturbed in the County right-of-way must be restored by applicant to a condition equal to or better than existing just prior to construction, including but not limited to compaction, grading, paving, seeding mulching and sodding, etc., as the case my be. The quality of construction, materials, and workmanship shall be in accordance with County standards. 3. *Applicant shall notify the Engineering Division at least 48 hours prior to the placement of concrete, paving of asphalt, installation of culverts, or backfilling of trenches, so that the County may inspect installations as necessary. Applicant shall further notify the County in writing of its request for final inspection and approval at the completion of the permitted activity. 4. This permit shall EXPIRE WITH THE ASSOCIATED LAND DEVELOPMENT OR SITE PLAN PERMIT unless otherwise stated in writing on the face of this permit by an authorized representative of the Engineering Division. 5. The applicant shall assume the responsibility for all maintenance, replacement or removal of any right- of-way improvement authorized by this permit; and applicant further agrees by acceptance of this permit to indemnify and save harmless the county, its officers, employees, or agents, from any damages, claims, causes of actions, or losses whether for personal injury, loss of life or property damage, arising from the actions or omissions of applicant, its officers, agents, or employees, associated with the placement, maintenance or removal of installations authorized by this permit. The applicant agrees to use all reasonable care under the given circumstances to assure that members of the traveling public are not unreasonably inconvenienced nor endangered by the activities conducted hereunder, including the use of reflectorized barriers, warning signals, flagmen or other prudent measures as described in the Manual on Uniform Traffic Control Devices, (MUTCD), 2000 Edition, published by US Department of Transportation, Federal Highway Administration. 6. The validity of this permit is contingent upon applicant obtaining necessary permits from any other agencies having jurisdiction. Issuance of this permit does not relieve applicant of liability for trespass to private property. 7. This permit shall be considered a license only, for the limited purpose of instaliation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title, or interest of the Count in the subject right-of-way property. 8. Applicant agrees to remove or alter such installations without objection or cost to the County as the County may direct, at any time and within a reasonable time after receipt of direction by the County Engineer or his authorized representative. 9. Applicant is cautioned that electrical, water and sewer, or other installations or utilities may be located within the construction area, and applicant shall use diligent efforts to first detect and locate all such installations, and shall coordinate construction with all lawful users of said fight -of -way. Applicant shall be liable in every manner for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 10. *In cases where a concrete driveway is to extend to a paved road, that portion of the driveway from property line to edge of the road pavement shall be a minimum thickness of four inches for residential, local roads only, all others will be six inches, as specified in Chapter 312.19(26) of the County Right -of - Way Ordinance. If road is unpaved concrete/asphalt driveway shall not extend beyond the property line. ATTACHMENT 6 Rev. 2118/04 C:1Documents and SettingstwebmasteADesktopWOW APPLICATION FORM.doc 2 204 ATTACH E*T INDIAN RAVER COUNTY RIGHT-OF-WAY INFORMATION & FEE SCHEDULE PERMIT/REVIEW TYPE STORMWATER TYPE C SINGLE FAMILY ROW & DRAINAGE REVIEW (PRIVATE) SINGLE FAMILY ROW & DRAINAGE REVIEW/PERMIT (PUBLIC) UTILITY ROW PERMIT LAND DEVELOPMENT ROW PERMIT COMMERCIAL ROW PERMIT FEE $100.00 $ 45.00 $ 75.00 $350.00 $550.00 $300.00 ADDITIONAL FEES RE -INSPECTION AFTER 2 SITE VISITS - (CHARGED @ AN HOURLY RATE) PLAN REVIEW AFTER 3r° RESUBMITTAL - (CHARGED @ AN HOURLY RATE) ATTACHMENT 6 Rev. 2/18/04 CADocuments and Set ings\webmaster\Desktop\ROW APPLICATION FORM.doc 3 g 208q5 q� ATTACH INN Section 971.44. - Utility uses.. (g) The following criteria must be used for administrative permit and special exception uses, as previously specked: 1. All towers not related to amateur radio communications use and not constituting a "camouflaged commercial communications tower" shall have setbacks from all property lines or boundaries of development sites (areas of development) involving more than one property equal to one hundred (100) feet or one hundred (100) percent of the tower height, whichever is greater. In addition, the application shall demonstrate that the tower is to be located a distance more than equal to three hundred (300) percent of the. tower height from the nearest residential dwelling (existing or under construction). Said distance shall be measured from the closest point of the tower structure to the closest point of the dwelling. Towers constituting a "camouflaged commercial communications tower" need satisfy only the building setbacks for the type of structure used or simulated. ATTACHMENT 6 206 ATTACHMENT 9 Telecommunications Nrvemory UPDATE 8/27%2018 ASR. REG i NUM NUMBER TOWER NAME ADDRESS PARCELNUMBER R TYPE 1UR W TM (FEET) (MIR) T- D. M - LON S D M L N S 1 1001631 AT & T WIRELESSSERVICES INC 1100106TH AV SW 33382800000100000001.0 L IRC 2985 91 27 35 3.0 80 32 38.0 2 WM082 AT& T WIRELESS SERVICES INC 6895122ND AV 32370000001012000002.0 L IRC 323.7 98.7 27 43 9.0 80 34 41.0 3 1018580 AT& T WIRELESS SERVICES INC- CENTRAL ASSEMBLY 677520TH ST 3339OWWO1009000002.0 G IRC 320 975 27 38 82 80 27 57-2 KMAINT 4 1018581 AMERICAN TOWER 1224083RD ST 31370MODD121470000LO G RRC 321.7 9&1 27 44 S1.7 � 80 34 40.7 5 1027953 AMERICAN TOWER 14700 COUNTY ROAD 512 31370000001207100001.0 L IRC 329.6 IODS 27 4S 4A 80 37 40.1 6 1028711 COMCAST 618099TH ST 313920MOOD3000D0001.0 L IRC 253.8 77.4 27 46 37.0 80 27 1657 1029455 PINNACLE TOWERS INC 9801ST PL 333913DODDO50000004LO G IRC 479 159.6 27 36 6.09 80 23 33.41 8 1029498 COMCAST 94412TH ST 33391200MG3000000310 L IRC 205 624 27 37 37A 90 23 36.0 9 1 IM0158 ISELLSOUTH 23220 STATE ROAD 60 32352600DO0300000001.1 L IRC 297.8 90.8 27 40 19.3 80 48 19.8 10 1222836 CROWN COMMUNICATIONS 1203MAINST 31390600005000200001.0 Le COS I >M 1 52.7 -27_1-49 1 7.4 80 28 _26.6 11 1030532Q CAPSTARCOMMUNICATION- -- s 639077TH STe 31393200000S00000018.1* G� IRC IIS03.81 153.6 27A, "'I 8.0_'.. 80-! = 27 2644 12 1030841 CRCMVER082NDAV 812012TH ST 33381200001004000001.0 L IRC 91A 27 1 37 130.3 -.80 29 40.4 13 1030842 CINGULAR WIRELESS LLC 10017TH ST 33400600DOODD4000005.0 GI RC 205 625 27 38 10.00 80 22 40.0 14 1030843 LINGULAR WIRELESS LLC 397565TH ST 32391000000500000005.0 G IRC 3772 115 27 42 132.0 80- 25 34.5 TELCOM 15 1030924 AMERICAN TOWER 3556 OCEAN OR 32403200019001000000.0 B COVE 208.9 63.7_ 27. 39 230 80 21 22A 16 1031690 BLUE CYPRESS LAKE 955154TH AV 33370900000100000004.0 L TRC 279.8 8S3 27 37 195 80 37 43.7 17 1038371 LYKES PASCO BROS VERO GROVE 1450118TH AV 33380700000100000001.0 G IRC 2985 91 27 37 33.0 80 33 S6.0 18 1061888 US COAST GUARD RESCUE 21 5380 77TH ST 31393300000500ODDW3A G IRC 445 135.6 27 44 11.0 80 26 29.0 EMS 19 1042031 EMS COMMUNICATION 7795 COUNTY ROAD 512 31370DO 00121080WOLO G IRC 364 111 27 44 31.1 .80 39 23.2 EMS 20 1044480 AMERICAN TOWER FKA VOICE STREAM -FLY IN RANCHES 880563RD ST 32381100000500000001A L IRC 269.9 823 27 42 28.0 80 30 26.0 21 1055879 BRUTE TOWER 659065TH ST 32390800DOlOaS000D01.0 G IRC 289.9 57.9 27 42 46.0 80 27 41.0 22 1058749 AERO COMMUNICATION TOWER 5101ST ST 3339130MMOD000036A L IRC 2599 79.2 27 36 143 80 23 3A 23 1059958 NEXTEL COMMUNICATIONS 3552 OCEAN OR 3240320001900100WW.0 8 COV8 1719 S2A 27 39 23A 80 21 25.0 24 1202591 STATE OF FLORIDA 475 90TH AV 33381500001W1000WL0 L IRC 2013 61A 27 36 39.1 80 30 46.1 25 1211013 IRC NORTH TOWER AKA AT& T WIRELESS AKA VERIZON 810 BAILEY DR 313918000001000W002..0 L COS 290.9 8&7 27 47 16.3 80 27 55.1 IEMS 26 1211902 TRC EMS Tower 172317TH AV 333902000007000WWSA G COVE 147.9 451 27 38 8.1 80 24 1 14.8 ITELOOM 27 1220830 IAT& T WIRELESS SERVICES INC 14465122ND ST 31370000001022400W1.0 L IRC 255 77.7 27 49 6A '80 37 17.6 28 1222012 SBA TOWERS INC 264569TH ST 32391100000001000001.0 M IRC 160 1 48.8 27 43 6.0 80 24 37.0 29 12336W PINNACLE TOWERS INC 892064TH AV - 313929000003WO00014A M ODS 1849 56.4 Z7 45 225 80 27 27.4 30 1227065 CRY OF VERO BEACH 2513 AIRPORT NORTH DR 32392600011074MMLO 9 COVB 23.2 7.1 27 38 59.9 80 24 2.6 31 ARA INTERNATIONAL 1203 19TH PL 333902000070110000014 8 COVB 65.6 20 27 38 15.1 8D 23 52.1 32 NEXTEL FL 35900 - 21155USHIGHWAY I 334031WW0700WW04.3 M IRC 133 405 27 33 40.1 80 22 8.03 - 33 1241814 KINGS HIGHWAY•WATFR TANK . 5850 COLLEGE LN 333905WW1009000002.1 T RRC 154.5 47.09 27 38 73 80 26 54S UTILITY 34 VOICESTREAM A2PO669 - WATER TANK 9298 COUNTY ROAD 512 31M2200000100000002.1 T IRC 110 335 27 46 0.4 E9 I6 36.1 TELCOM 35 NEXTEL- GIFFORD WATER TOWER 469028TH CT 32392300000500000009.1 T IRC 175 533 27 40 41A �90 24 455 UTILRY 36 1279320 SPRINT METRO- IMMANUEL BAPTIST CHURCH 465 S8TH AV SW 33392000001008000002.0 M IRC _ 145 442 27 35 504 80 27 23 38 SBA TOWERS INC 15409TH ST SW 33392300001015000001.0 S RRC _149 45A 27 3S 18.0 80 24 10.0 TELCOM 39 1253357 VER20N 68814 1679 SIM CT 333803WW600000MA M IRC 145 442 27 38 3.4 80 30 55.7 40 VERIION 69022 SEA OAKS WWTP 8845 HIGHWAY AIA 31392500000002000003.0 S IRC 80 243 27 45 9A 80 23 32.6 UTILITY 41 1239136 WTTB TOWER 314010TH PL 3339100000100900M.0 G RRC 163 49.7 27 37 13.1 80 2S 0.2 42 1262880 CROWN CASTLE &T MOBILE- VERO BEACH MOOSE LODGE 22843RD AV 33391SOOW101200W11A 5 IRC 120 37S 27 36 I22.S 80 25 46A 43 T MOBILE A2P1037 100236TH ST 323936DO00030W00000lA 8 IRC 149 45A 27 39 1 313 80 23 39.4 44 VERIZON 6618 MOORINGS TENNIS CLUB 98 HARBOUR DR 33402100000W1000W3.0WCOVa 30A 27 35 55.9 80 20 173 45 .1234451 MOBILE - 12498 COUNTY ROAD 512 31370000001154900001.0 57.9 27 46 7.7 80 34 513 46 1263601 ETT CORP 203 AIRPORT OR E 303622000010000110000.1 213 27 48 42.7 80 29 2&2 47 1288066 INDIAN RIVER COUNTY -EOC 421943RD AV 32392800001008000002.0305 27 40 134 80 25 534 EMS 48 1271464 ROAN TOWER 247627TH AV SW 333935WW101300=10 39.6 27 33 29.4 80 24 383 50 1245047 IRC SOUTH TOWER AKA VERRON WIRELESS 13400LO DIXIE HWY 33391200000300000018.0 652 27 37 325 80 23 38.7 EMS TYPE: L= LATTICE, 8 = BUILDING, M - MONOPOLE, G =GUYED, T - TANK, S - STEALTH JURLSOICTION: COF +CITY OF FELLSMERE. COS - CRY OF SEBASTIAN, COVE = CRY OF VERO BEACH, IRC - INDIAN RIVER COUNTY 207 Section. 934.04. - Exemptions. (9) [Ponds.] A pond or ponds on a single-family residential lot or parcel, provided that: (a) The total surface area of the pond or ponds is not greater than one-half (%Z) acre in size or thirty-five (35) percent of the lot or parcel, whichever is more restrictive, except that the community development director or his designee may approve a larger pond area if the applicant: adequately demonstrates that a larger pond is necessary to satisfy the need for fill on site; (b) No excavation takes place within fifty (50) feet of the lot property line. Notwithstanding, in cases where the pond is necessary to meet stormwater management cut and fill balance requirements, said setback may be reduced to twenty-five (25) percent of parcel width perpendicular to a given lot line, as applicable; (c) The excavation does not disturb any existing wetland; (d) Pond depth does not exceed twelve (12) feet; (e) Side. slopes are not greater than one foot vertical to four (4) feet horizontal; (f) No excavated material is hauled from the property, unless the excavation is conducted to satisfy cut and fill balance requirements for stormwater management purposes, as verified by the county engineer, provided removal of excavated material off site is the minimum necessary to satisfy said requirements; (g) It is demonstrated that the pond excavation is the minimum necessary to satisfy the intended use of fill on-site, as applicable; and (h) A pond permit is obtained from the county planning division, including the posting of a five hundred dollar ($500.00) security or other amount established by a resolution of the board of county commissioners; said security to be returned upon verification by county staff that the above criteria have been satisfied. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 96-6, § 22, 2-27-96; Ord. No. 98-9, § 1, 5-19-98; Ord. No. 2008-023, § 2, 12-19-08) ATTACHMENT 6 208 ATTACHMENT From: Ryan Sweeney Sent: Thursday, January 10, 2019 11:45 AM To: 23hondas@gmail.com Cc: Stan Boling <sboling@ircgov.com>; John McCoy <jmccoy@ircgov.com>; Ryan Sweeney <rsweeney@ircgov.com>; Maria Bowdren <mbowdren@ircgov.com> Subject: RE: Zoning verification 6390 77th Street / Parcel #: 31-39-32-00000-5000-00018.1 / TM2018-0128 Mr. Allenbaugh, Staff was able to locate the site plan file (SP -MI -89-02-08) for the above -referenced property. I am attaching a copy of the Board of County Commissioners staff report dated December 29, 1989 which includes a site plan graphic (page 6 of 8) showing a design fall radius. of 200 feet. I am also attaching a copy of the fall radius certification letter dated May 22, 1989. Based on this additional information, the response to item #4 in staff s zoning verification letter dated October 30, 2018 (attached) should now read as follows: "Staff was able to locate the site plan file (SP -MI -89-02-08) for the subject property. Based on information contained within the site plan file, the tower was designed to have a fall radius of 200 feet. However, Section 971.44(1)(g)1. of the County Land Development Regulations (LDRs) requires that all non -wireless commercial communications towers seventy (70) feet or more in height be located a minimum of 300 percent of the tower height from the nearest residential dwelling (existing or under construction). Said distance shall be measured from the closest point of the tower structure to the closest point of the dwelling (see attachment 3 in the original letter; also attached to this e-mail). Therefore, the proposal to construct a home within 300 percent of the tower height would increase the degree of site nonconformity, and is not allowed per Chapter 904 of the County LDRs. Also, residential accessory structures (e.g. a detached barn/garage building) may only be constructed concurrent with, or after a principal (residential) structure is constructed. Therefore, residential accessory structures are not permitted on the subject site." Thanks, Ryan Sweeney, MSP Senior Planner Indian River County Community Development Department Planning Division 1801 27th Street Vero Beach, FL 32960-3365 Phone: 772-226-1239 Email: rsweeney_@ircaov.com 209 1__3 INDIAN RIVER COUNTY, FLORIDA M E M O R A N D U M TO: James E. Chandler County Administrator DIVI5S-IRN HEAD CONCURRENCE: Ro ert M. eating, P Community Developmeffit �y1Di ctor THROUGH: Stan Boling; CP Chief, Current Development FROM: John W. Mcco Staff Plann i, Current Development DATE: December 29, 1989 SUBJECT: TREASURE COAST MEDIA INC.'S (WCXL) REQUEST FOR SPECIAL EXCEPTION. APPROVAL FOR A 500' FM RADIO TRANSMISSION TOWER It is requested that the data herein presented be given formal consideration by the Board of County Commissioners 'at its regular meeting of February 6, 1990. PROPOSED DEVELOPMENT AND LOCATION: Ralph Evans, on behalf of Treasure Coast Media, Inc. (WCXL), has submitted an alicati n_fPr ma,jgr site plan and special exception approval for a�00' radio transmission tower to be located at 6390 77th Street. An application to rezofi- —tbe-subject property from RS -3 to A-1 is pending. (Note: the Planning and Zoning Commis- sion has recommended to rezone the property to A-1. The Board is scheduled to consider the rezoning prior to consideration of this Special Exception request.] This application is predicated upon rezoning the property to A-1. The 500' tower would allow WCXL to modernize and -expand its FM broadcasting facilities and capabilities. The _applicant h s a ready secured t e requi�"'FAA; `FSC, and D T approvals. Special exception uses are those types of uses that would not generally be appropriate throughout a particular zoning district. However, when special exception uses are carefully controlled as to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order, appearance, convenience, morals and general welfare and as such would be compatible with permitted uses within the particular zoning district. In granting any special excep- tion, the Board may prescribe appropriate special conditions and safeguards to assure the use is compatible with surrounding uses in t district. The Planning and Zoning Commission unanimously recommended ap- proval of this project at its January 11, 1990 meeting(See Attach- ment r4). ANALYSIS: 1. Size of Development Area: 20 acres 2. Zoning Classification: RS= -Residential Single Family (as of date of this report) A-1 Agricultural (An application to rezone the subject property to A-1 should precede this application) -1- 210 ATTACHMENT 6 3. Land Use Designation: LD -1 (Low Density Residential up to 3 units per acre) 4. Building Area: 455 square feet 5. Traffic Circulation: The project will utilize an existing unpaved drive to access 77th Street. This driveway serves an existing residence on the site. The applicant has indicated the residence will be removed. Note: the residence is outside the designed fall radius of the tower. 6. Off -Street Parking Required: 1 space Provided: 1 space 7. Stormwater Management: The Stormwater Management Plan has been approved by the Public Works Department, and a Type "A" stormwater permit has been issued.. 8. Landscape Plan: The landscape plan is in conformance with Ordinance #84-47 and applicable special exception criteria relating to buffering. 9. Utilities: The project will not be serviced by sanitary facilities. 10. Dedications and Improvements: This section of 77th Street is bounded on the south by a drainage district canal and is designated as a minor arterial which requires a minimum of 100' of right-of-way. Currently 45' of road right-of-way exists for 77th Street. The applicant has agreed to -dedicate 15' of property to bring 77th Street up to the 60' local road standard as required in the site plan ordinance. The appli- cant has agreed to keep :any and all required site improve- ments out of the ultimate 77th Street right-of-way. 11. Special Exception Criteria: The designed fall radius of the tower i.s depicted on the site plan and does not impact adjacent uses or the existing residence on site. �. A certified, signed and sealed statement from a Florida Registered Professional Engineer states that the tower would collapse within the designed and specified fall radius depicted on the plans. In. no c s shall thea a.l.1 radius (110% of height a i encroach upon exist- ing off-site structures or residentially zoned property. The distance of any guy anchorage or similar device shall be at least ten (10) fee from any property line. Suitable protective anti -climb fencing and a landscape planting screening shall be provided and maintained around the structure and accessory attachments. Where the first 50' of a tower is visible to the public, the applicant shall provide one canopy tree (oak, pine, etc.) per 3,000 square feet of the designated fall radius. f. All accessory structures shall be subject to the height restrictions provided in Section 25(a), height ex- ceptions. g. If voltage of more than two hundred twenty (220) volts is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE - DANGER." h. No equipment, mobile or immobile, which is not used in direct support of the transmission or relay facility -2- 211 ATTACHMENT 6 shall be stored or parked on the site unless repairs to the facility are being made. (Applies only on A-1 zoned property.) i. No tower shall be permitted to encroach into or through any established public or private airport approach plan as provided in the airport height limitations of Section 25(p). All towers shall submit a conceptual tower lighting plan. Louvers or shields may be required as necessary to keep light from shining down on surrounding. prop- erties. k. The reviewing body shall consider the. impact of the t proposed tower on residential subdivisions near the project site. 1. All property owners within 600' of the property boundary shall receive written notice. All of these criteria have been met by the application, including required tree plantings and buffering, 12. Surrounding Land Use and Zoning: North: Vacant/RS-3 South: Vacant/RS-3 East: Vacant/RS-3 West: Vacant/A-1 RECOMMENDATION: Based on the analysis performed, staff recommends that the :Hoard of County Commissioners grant special exception use approval to .measure Coast Media (WCXL), with the following conditions: 5standard hat the subject property must be rezoned to A-1 prior to elease of the site plan; and hat 15' of property be dedicated for 77th Street ight-of-way to bring 77th Street up to the local road of 60' prior to release of the site plan. ATTACHMENTS: 1.' Application 2. Location Neap, 3. Site Plan 4. Planning and Zoning Minutes APPROVED AGENDA ITEM: BY: FOR: WCXL AGNIT2 ATTACHMENT 6 -3- 212 INDIAN RIVER COUNTY SITE PLAN REVIEW APPLICATION (OFFICE USE ONLY) Permitted Use Major Date Received -� Administrative Permit Minor X Date Accepted Special Exception Fee File 0` \\`4-�C� C"> -�• major Modification -------------------------------------------------- (TO 13E COMPLETED BY THE APPLICANT) OWNEi3 . Mr. Wayne Dillon ADDRESS: 2024 South U.S. Highway 1, Vera Beach. Florida 32960 PHONE; 567-7700 AGENT: Por. Ralph Evans, Attorney ADDRESS: 2920 Cardinal Drive; Verc Beach. Florida 32963 PHONE: 231-1800 PROJECT ARCHITECT: Mr. John J. Schlitt, Jr., AIA, Architects Schlitt & Brenner, P.A. P.O. Box 2589, Vero Beach; Florida 32961 ENGINEER OF RECORD: Carter & Associat6s, Inc. ZONING CLASSIF'ZCRMy'R3, Pro REsed LAND USE DESIGNATION:_ PROPOSED USE: A Transmitter Building & Tower DEVELOPMENT SITE SIZE: 125,600 S.F. or 2.8 acres SQUARE FOOTAGE OF NEW :IMPERVIOUS SURFACE: 1563 S.F. TAX MAP PARCEL NUMBER: DATE PARCEL WAS CREATED IN PRESENT CONFIGURATION; July 24, 1989 as per survey SIGNATURE OF APPLICANT THE FOLLOWING SHALL ACCOMPANY THE APPLICATION: 1. A COPY OF THE OWNER`S RECORDED WARRANTY DEED, 2. IF APPLICANT IS OTHER THAN THE OWNER, A SWORN STATEMENT OF AUTHORI— ZATION. 3. FIVE (5) COPIES OF ALL PLANS,. AS WELL AS ALL REQUIRED INFORMATION, IN ACCORDANCE WITH SECTION 23, OF APPENDIX A, INDIAN RIVER COUNTY ZONING CODE. 4. A STORNIWATER MANAGEMENT PERMIT APPLICATION AND ALL SUPPORT DATA IN ACCORDANCE WITH CHAPTER 211 INDIAN RIVER COUNTY CODE. 213 214 b .} �� _ �..1 TTI • ..kka�/t �n y, w i to 1Y1iIj t'1. Tree Plantings • ' �:r � d� Buffer. 77th ST 3 ."° `, ' SITE PLAN :.. ...., 215 was anyone present who wished to be heard. There was no response and he closed the public hearing, ON MOTION made by Claude Kleckner, SECONDED by Fran Adams, the Board unanimously (6-0), with John Brenner abstaining, approved recommending to the Board of County Commissioners that the request by WCXL for special exception approval for a 500, FM radio transmission tower be approved with the two conditions as recommended by staff. PUBLIC HEARING ITEM #4 - Proposed ordinance to amend zoning code sections 4(a) and 25.1(d):. regulation of driving ranges. The hour of 7:30 P.M. having passed, the following notice with proof of publication was read: V£RO REACH PRESS-JOUttNAL Published Onfly Vero Beach, Indian River Codnty, Florlda ,.'TY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath ;hat hers Business Manager of the Vero Beach Press•Joumal, a daily newspaper published a Reach in Indian River County,'Florida: 'tnai,the attached copy of advertisement, being >> jILL/ _ 12 In, the matter of iJlt Ll r�/yllfyJ7, i in the _ Colu"'W18s P�ub* I in said newspaper fp the issues of -Itiant further says that the said Vero Beach Press -Journal is a newspaper published at 3each, in §aid Indian River County, Ftorida, and that the said newspaper has heretotore Continuously plotished in said Indian River County. Florida, each daily and has been .d as second crass mail matter at the post office In Vero Beach, in sald Indian River Coun• .nda, for a period of one year next preceding the first publication of the attached copy of isemenl: and athant furiner says that he has neither paid nor promised any person, firm ,]ara Cion any discount, rebate commission or refund for the pU(POse of securing this :semen' lot publication in the said newspaper, to an subscnaed Wore me this/� J_ d y OJ 14 _ -- �s.f�"'—�ds.Orx� 14 'Clerk of the Circuit Court. Indian River County, Ftoridal 116 A copy of the proposed Ordinance will be avauaets at the Ptannmg peparUeenl office en the tro:ond floor a1 the Count' Admtnistralkn euiidtnppegtrtnlnp January 5.1990. Anyone wno may wien to appear any daaeion wnfcn may De me0a ni thU meehnp w16 need to ensuroMat includes of the ny and maedi onwhich Mche s ttra hratit ed. and evF dent upon INDIANRI the COUNTY bDaeed. PLAN NGA COUNTY pL4NNtH0 ANO ZONING COMMISSION , BY:." -JOHN TIPPM, CHAIRMAN December 20.$969 640359 10 ATTACHMENT 6 g. If voltage of more than two hundred twenty (220) .volts is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence.or wall shall display in large bold letters the following: "HIGH VOLTAGE - DANGER." h. No equipment, mobile or immobile, which is not used in direct support of the transmission or relay facility shall be stored or parked on the site unless repairs to the facility are being made. (Applies only on A-1 zoned property.) i. No tower shall be permitted to encroach into or through any established public or private airport approach plan as provided in the airport height limitations of Section 25(p). j. All towers shall submit a conceptual tower lighting plan. Louvers or shields may be required as necessary to keep light from shining down on surrounding prop- erties. k. The reviewing body shall consider the impact of the proposed tower n residential subdivisions near the project site. till, 1. All property owners within 600' of the property boundary shall receive written notice. All of these criteria have been met by the application. 12. Surrounding Land Use and Zoning: North: Vacant/RS-3 South: Vacant/RS-3 East: Vacant/RS-3 West: Vacant/A-1 RECOMMENDATION: Based on the analysis performed, staff recommends approval of the site plan, with the following conditions: sPea,RL sX CE�'r,oN ApP,�°cvAc 1: That prior to , the subject property must be rezoned to A-1; and 2. that prior to site plan release, 15' of property be dedicated for 77th Street right-of-way to bring 77th Street up to the local road standard of 601. Mrs. Adams inquired if there was another tower within one-quarter mile of this one. Mr. McCoy responded that there is a tower in Hobart Park and he thought it was between 300' and 500'. Brief discussion followed about the tower radius and the FAA permit,.which has been obtained.. The Chairman opened the public hearing and asked if there 9 ATTACHMENT 6 21 SS T STRUCTURAL SYSTEMS TECHNOLOGY, INC. P.O. BOX 876 6867 ELM STREET McIEAN, VA. 22101 PH. (703) 356.9765 FAX # (703) 448-0979 May •22, 1989 Indian River County, Florida County Commissioner Office Re: Affidavit on Mode of Guyed Tower Collapse Gentlemen: This is to certify that guyed towers ranging from 100 to 2000 feet in height collapse in a folding mode within an area with a radius, from the tower base, of 0.40 x Tower Height, i.e., a 2000 foot height guyed tower shall collapse within a radius not exceeding 700 feet from the base of the tower. Accordingly, a .500 foot height guyed tower shall collapse within an area with radius not exceeding 200 feet from the base of the tower, which is somewhat less than the 260 ft. distance to the closest property line. The following constitute the basis for the development of the above rules: 1. Theoretical analysis. 2. Tests on 1:20 scale Guyed Tower Models. In the WPGC-FM Prince George's County, Maryland zoning case we executed a 1:20 scale model test for the proposed 500 ft. Guyed Tower and the special exception was .granted. 3. Historical data from actual Guyed Tower Failures. In. the past twenty-five years we have observed a few Guyed Tower Failures and in all cases the radius of collapse was within 35% of the Tower Height. It is our professional opinion that Guyed Towers properly designed, fabricated, erected and maintained constitute exceptionally safe structures. MJV/bas Mthew J. Vlissides, P.E. pecial Consultant cc: Molly Beard Jack Mullaney ATTACHMENT 6218 From: Ryan Sweeney Sent: Wednesday, January 30, 2019 3:19 PM To: Jacob Allenbaugh <23hondas@gmail.com> Cc: Stan Boling <sboling@ircgov.com>; John McCoy <jmccoy@ircgov.com>; Ryan Sweeney <rsweeney@ircgov.com>; Maria Bowdren <mbowdren@ircgov.com>; Bill Debraal <BDebraal@ircgov.com> Subject: RE: FW: Zoning verification 6390 77th Street / Parcel #: 31-39-32-00000-5000-00018.1 / TM2018-0128 Jacob, I apologize for the delayed response, as we have been short-staffed and backlogged since Patrick Murphy left employment with the County. A pre -application meeting is not necessary, or appropriate for this type of inquiry. Section 971.44 (1), which regulates non -wireless commercial communications towers 70 feet or more in height does not include any provision for a design fall radius. The subject tower and site are nonconforming under the current Land Development Regulations (LDRs). In fact, non -wireless commercial communications towers are now prohibited on A-1 zoned properties. Also, as you mentioned below, there appears to be several off-site existing homes and/or other structures that fail to meet the 300% setback requirement. Constructing a new single-family home within the 300% setback on the subject tower site would make the tower and site a more nonconforming site, which is prohibited in Chapter 904 of the County LDRs. While structures on adjacent legal parcels do make the tower more nonconforming, they are allowed to remain since it is not the same property owner/controlling entity deliberately making a structure more nonconforming by their own actions. An agricultural structure may be built on an A-1 zoned property in support of an agricultural use (e.g. a hay barn for livestock), prior to/independent of, a residential structure. However, accessory structures that are customarily subordinate/incidental to a principal residential structure (e.g. a detached garage/"hobby shop") may only be built in conjunction with, or after, a principal residential structure. Thanks, Ryan From: Jacob Allenbaugh [mailto:23hondas@email.com] Sent: Tuesday, January 15, 2019 10:58 AM To: Maria Bowdren <mbowdren@ircgov.com> Cc: Patrick Murphy <pmurphy@ircgov.com>; John McCoy <jmccov@irceov.com>; Stan Boling <sboline@ircgov.com>; Steven Hitt <shitt@irceov.com>; Kathy Charest <kcharest@irceov.com> Subject: Re: Zoning verification 6390 77th Street /Parcel #: 31-39-32-00000-5000-00018.1 / TM2018-0128 Good morning - Thank you for your time on this. I have a few questions. 1. The initial reply we received from your office indicated that the discovery of a certified fall radius would result in a review, otherwise we would need to use the default regulation of 300% of the height. (971.44(1)(g)l . You've found and attached the documented fall radius; and a report that further supports it, so I am unsure why the below conclusion remains 300%? If 300% is the case, I have to point out that the following structures are all within that radius - - My current home and barn located at 7760 66th Ave ATTACHMENT 6 -James and Phyllis Parks home and pole barn at 6550 77th St - All of the barns at 7810 66th Ave - The barn currently under construction at 7645 Cambria Ct - The entire Humane Society complex I am hopeful your response was a misunderstanding, and that we can use the certified fall radius as per previous discussions. Also, in regards to your last statement on a residential structure being required prior to 'an accessory structure' - I thought A-1 zoning was intended for either/or agricultural and residential purposes? .Thus non residential structures can be built at any time regardless of whether a residential structure is ever built on the property? My current plan is to have a small farm on this property until I can afford to build a house. I haven't spoken to.the new owners of 7645 Cambria Ct who are finalizing their barn now - without an apparent residential structure - but I would assume they received proper permitting to build. (Again, within the 300% fall radius mentioned above). I am happy to come into the office to discuss any of this further. I am only interested in a safe .and approved approach to this property, so I greatly appreciate your guidance in explaining the above discrepancies, and help moving forward. Best regards, Jacob ATTAYIVIENT 6 —> OBJECTIVE 10: NONCONFORMING USES With the exception of legally established non -conformities, all new development in Indian River County will be consistent with the future land use map. Polio: Indian River County land development regulations shall allow legally established non -conforming uses to continue until ceased. When a non -conforming use has ceased, it can be replaced only with a conforming use. All new development, even development associated with non -conforming structures, must meet current regulations. Policy 10.2: To allow for the reasonable use of such properties, Indian River County shall permit the development of nonconforming lots of record legally established under regulations in effect at the time that the lot was created. Provisions of this policy shall not apply to plats of reclamation, except when non -conforming parcels have been transferred by deed prior to February 13, 1990. . Policy 10.3: The county shall provide courtesy notification to adjacent property owners regarding staff determinations involving existing nonconforming non-residential uses. Policy 10.4: Multi -family residential sections of The Moorings that were zoned RM -10 prior to February 13, 1990 shall be allowed to maintain their RM -10 zoning and shall be considered conforming uses within the L-1 designation. These phases include Windward, Southwinds, Harbour Side, The Pointes, River Mews, and South Passage. i REDEVELOPMENT OR REVITALIZ. By 2016, Indian River County will have taken action to encourage evelopment or revitalization in at least three areas. Policy 11.1: By 2019, Indian River County shall develop guide ' es and regulations to designate areas in need of redevelopment or revitalization. Policy 11.2: Within one year of designating are elopment or revitalization area, Indian River County shall determine the needs and defici les as well as remedies and solutions for that area. Policy 11_3: Indian River County all enforce the provisions of the PRO, Professional Office zoning district. The purpose s zoning district shall be to encourage infill development and the redevelopment or re ' alization of residential areas which are no longer appropriate for strictly single-famil se but are not considered appropriate for a broad range of commercial uses, as permitt mother commercial zoning districts. Indian River County shall encourage the development, redevelopment, revitalization ag of undeveloped and underdeveloped subdivisions through mechanisms such as Future Land Use Element ATTACHMENT 7 221 Via%• dr,. ,� �A � � O � � O � O03 N Via%• dr,. ,� G 9A/ A M CL C 0 J `' OAA I ,:-; kn �1 of ell • �--I Q, Ct U E CA .bb .� O U � �-+ O a) U ° o bb ct ct v� \ ' cn M r3 U • � � �' 4-4 ct V � � 4� cn • cn Aa!""r ■ O tj O O � O � O � O O Cld � � 4-4 N 4J � N � � CC3 U � OU cd 'r-.4 72 • b�A � O b.A N .O O N � O •� M U ctcn Cld ct O N U U ■m ■ cn Cld M 4� vs ■ rl- , a1`7 O tj O � O � Cld Ocd � OU cd 'r-.4 72 b.A .O •� M U ct O N U U ■m ■ rl- , a1`7 00 aa/ g 4� ct 0 . aa/ -q ct O ct • 4� ct O cn U .o N N .Ln a� ct M 4noCt a� Ct C� NO m N O rn �V 00 '�-�, a) sa, U N w \g 4 0 ,Aa./ -/0 � o C, ct ct .o . ct 03 o � o yC40-1 o O c� POEM ct o o cn o cdCto Cd Cd cd C,:3 Aat-11 O � � o ~Fs C� Ct O ct Cd ro bCt ct� Ct �g N N M M aai-43 ct 0 N O N DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director of Emergency Services FROM: Maria Resto, Emergency Services Manager DATE: September 1, 2020 SUBJECT: Request for Sole Source to Communications International for E911 Multiprotocol Label Switching (MPLS) Project It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: The Indian River County's E911 system consists of three (3) primary and one (1) back up Public Safety Answering Points (PSAPs). The system utilizes Interact fiber-optic network connections that originate at the County's EOC (back up PSAP) and are configured with a single connection to each PSAP. The current IRC 911 interact fiber-optic network links are as follows: IRC EOC to City of Sebastian Police Department IRC EOC to City of Vero Beach Police Department IRC EOC to IRC Sheriffs Department Office The E911 stand-alone fiber optic system provides no redundancy or route diversity for network communication, leaving all PSAPs vulnerable to fiber outages. To provide network redundancy, staff recommends the development of an alternate Multiprotocol Label Switching (MPLS) routing network utilizing the County's P25 Radio System infrastructure already in place. The proposed project includes the installation of MPLS Routers at each PSAP and at each corresponding the County P25 Radio System sites, where they will interface with the County microwave equipment at those sites to complete the redundant paths for these vital communications services. The proposed MPLS upgrade will supply a redundant data path between each of the four PSAPs to support the 911 Phones & Data in the event of a failure of the County fiber-optic network. 222 This upgrade will use the existing microwave radio network system currently in place to support the P-25 system and will not require loading the towers with additional equipment. On August 16, 2016, the Board approved Communications International as the sole source provider for the P25 Radio System project. Since the MPLS equipment will handle both P25 Radio System traffic and the PSAP traffic, and will use the County's current radio system infrastructure, staff recommends the Board approves Communications International as a sole source provider for the MPLS project. Utilizing the designated P25 Radio System provider will guarantee system integrity and compatibility between the P25 Radio Networks IP Plan and the MPLS IP Plan. Also, it will assure needed redundancy for the County's mission critical communications. FUNDING: Funding for the MPLS project is a planned expenditure, and it is included in the FY2019-2020 Communications Center (120-133) budget. ITEM I I Amount I Account Number 911 Surcharge/Communications Center/ Other Machinery & Eq ui ment 1 $140,838.18 12013325-066490 RECOMMENDATION: Staff recommends that the Board approve Communications International as sole source for the MPLS project. Staff also recommends the Board authorize the Purchasing Division to issue Purchase Orders to Communications International for the project. ATTACHMENTS: 1. 911 MPLS Project Quote 223 0011 r'r1MMl It�ll/ NTIr1r�IC Quote VV1.-11-1 VI V I�!'11 1 VI VJ Date: 9/2/2020 INTERNATIONAL Valid Until 10/2/2020 An Employee Owned Company vQuote#: SWF0661319A Customer ID: IRCES Quote/Project Description Indian River County Emergency Services Provide Equipment & Services for 20 Mbps PSAP Backup Link on ATT: Tina Smith the County P25 Radio System Microwave. Interface with AK 911 Coordinator associates for IP planning -and Installation. 4225 43rd Ave Presented by: Vero Beach 32967 Steve Fisher Chief Engineer 772 226 3854 Jeff Willingham Area Manager .. D- ,., Nokia SAR-8 MPLS Equipment at Sebastian PSAP $ 13,028:58 $ 13,028.58 271 Nokia SAR-8 MPLS Equipment at Sebastian Microwave Equipment $ 12,511.08 $ 12,511.08 3 1 Nokia SAR-8 MPLS Equipment at North Site Microwave Equipment $ 8,663.64 $ 8,663.64 4 1 Nokia SAR-8 MPLS Equipment at Hobart Site Microwave Equipment $ 12,389.64 $ 12,389.64 5 1 Nokia SAR-8 MPLS Equipment at IRCES Site Microwave Equipment $ 7,483.74 $ 7,483.74 6 1 Nokia SAR-8 MPLS Equipment at IRCES Dispatch Equipment $ 4,254.54 $ 4,254.54 7 1 Nokia SAR-8 MPLS Equipment at IRCSO Dispatch Equipment $ 8,663.64 $ 8,663.64 9 1 Nokia SAR-8 MPLS Equipment at South Site Microwave Equipment $ 12,389.64 $ 12,389.64 10 1 Nokia SAR-8 MPLS Equipment at Vero PD Dispatch Equipment $ 11,892.84 $ 11,892.84 11 1 Nokia SAR-8 Spares $ 7,200.84 $ 7,200.84 12 1 CI -Services Installation, Engineering, IP Planning & Interfacing with IRCES PSAP Vendor $ 42,360.00 $ 42,360.00 Special Notes Assumptions and Instructions AK Associates will supply switching mechanism between normal fiber operations and microwave backup mode. Quote subject to Ci standard terms and conditions. Submit Purchase Order to: Communications International 4450 US Highway 1 Vero Beach, FL 32967 www.ask4ci.com 0 OW11 Quote accepted: Signature Date Print Name Title 224 (-UMMUNIC:/HI IUNS QUOTE TERMS AND CONDITIONS: INTERNATIONAL An Employee Owned Company 1. Quotes are exclusive of all installation and programming charges unless expressly stated and all applicable taxes. 2. Title will pass upon shipment, risk of loss will pass upon delivery to purchaser's facility. 3. Ordered equipment may be returned for a full refund, less a 25% restocking fee, if the equipment is returned unused and undamaged in its original packaging within six months after shipment. 4. Prices quoted are valid for the duration as noted above. 5. Net 30 days after invoice 6. Manufacturer's standard equipment warranty (which will be furnished upon request) applies to all ordered equipment. Communication International, Inc. DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE ORDERED PRODUCTS, EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. Communication International, Inc.'s TOTAL LIABILITY ARISING FROM THE ORDERED PRODUCTS WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, IN NO EVENT WILL COMMUNICATIONS INTERNATIONAL INC. BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. 8. These terms will prevail over any inconsistent or additional terms on any purchase order submitted by the purchaser. 225 14 r 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: Sector 3 (IRC -1925) and Sector 7 (IRC -1926) Beach and Dune Restoration Project Easement Status and Project Recommendations DATE: September 16, 2020 DESCRIPTION AND CONDITIONS Since 2018, County staff and project consultants have been actively working at designing, monitoring and permitting the Sector 3 and Sector 7 Beach and Dune Restoration Projects, as well as obtaining the easements necessary for the projects to be deemed viable, cost effective, and constructible. Staff had previously presented information to the Board of County Commissioners (BCC) regarding the need for high percentages of signed easements for successful projects. The BCC concurred with staff at the July 14, 2020 regularly scheduled Commission meeting that a 90% or greater amount of signed easements would be targeted as the goal within each Sector for project success. This information has been disseminated through targeted mass mailings, BCC Commission meetings, Beach and Shore Preservation Advisory Committee special call and routine meetings, e-mails, phone calls, newspapers and webinars. Local Homeowner/Condo Associations groups, Civic groups and Nature Conservancy groups (e.g. North Beach Civic Association of Indian River County, Coastal Connections, Inc.) have also been instrumental in reaching out to the targeted property owners that have not yet responded to the County's requests. To date, the success of the efforts above can be seen in the numbers of easements the County has received, reviewed and recorded (presented below). Timelines necessary for the successful completion of the Beach and Dune Restoration Projects require that construction begins on or about November 1, 2020 in order for construction activities on the beaches to be completed by April 30, 2021 (based on sea turtle nesting season restrictions). • SECTOR 3 BEACH AND DUNE RESTORATION PROJECT AREA Of the targeted 188 easements within the Sector 3 project area, as of September 15, 2020,103 easements have been received by the County, verified for proper execution and recorded. An additional 17 easements are in the internal process of recording/review. 25 parcels are made up of County, State or Federal owned Public Lands in which a letter of authorization for sand placement has been received. The properties allowing sand placement represent 77% of the targeted responses (145 of the 188 easements). Four (4) properties within the Sector 3 proj226 area have denied the easement request and will therefore not be receiving sand. 39 properties within the Sector 3 project area have not yet responded to multiple inquiries for easements by the County and others. SECTOR 3 188 Properties Properties # % Granted Easements 128 68% Intent to Grant Easement (in -process) 17 9% Denied Easement — No Sand 4 2% Pending Responses 39 21% 77% Approximate Linear Feet (34,597) # 25,881 75% 2,821 8% 758 2% 5,137 15% 83% As of September 15, 2020 It should be noted that the Disney property owners have not signed the easement as of this date. Negotiations are ongoing and while the Disney easement is a single easement, the frontage of the Disney property represents 1,350 linear feet of frontage, which is approximately 4% of the total project linear footage. • SECTOR 7 BEACH AND DUNE RESTORATION PROJECT AREA Of the targeted 82 easements within the Sector 7 project area, as of September 15, 2020, 41 easements have been received by the County, verified for proper execution and recorded. An additional 10 easements are in process of recording/review. The properties allowing sand placement represent 62% of the targeted responses. Five (5) properties within the Sector 7 project area have denied the easement request, and will therefore not be receiving sand. 26 properties within the Sector 7 project area have not responded to multiple inquiries for easements by the County and others. SECTOR 7 82 Properties Properties # % Granted Easements 41 50% Intent to Grant 7% 3,661 Easement (In -Process) 10 12% Denied Easement — No Sand 5 6% Pending Responses 26 32% As of September 15, 2020 62% Approximate Linear Feet (10,740) % 5,171 48% 1,192 11% 716 7% 3,661 34% 59% 227 EASEMENTS NECESSARY TO DEMONSTRATE CONSTRUCTIBILITY AND SECURE FUNDING Partial funding for Sectors 3 and 7 Beach and Dune Restoration Projects is made available through FEMA funding as shown in the table below. FEMA funding requires that projects be completed within 18 months of Project Worksheet issuance. As the Sector 3 and Sector 7 Beach and Dune Restoration Projects are very large and complex, extensions to FEMA funding have previously been requested in order to retain funding availability. The granting of extensions typically requires demonstration of project constructability by the County to FEMA, however the constructability of the project(s) is contingent upon the County obtaining enough easements from the property owners within the limits of the project(s) to justify the protection benefit to the shoreline of such a project. Requesting extensions does run the risk of FEMA not granting the extension, and thus the County losing potential funding sources. Additionally, FDEP Local Governmental Funding Requests (LGFR) grants are also made available for these projects, and these Grants also come with deadlines for project completion, or risk the loss of funds if an extension is not granted. FDEP LGFR 171R2 requ.ires project completion by 4/30/2021, and grant 191R2 expires on 11/30/2021. SECTOR 3 SECTOR 7 FEMA Hurricane Matthew $4,655,204.27 $2,384,436.65 FEMA Hurricane Irma $2,759,508.70 $971,248.65 FEMA Hurricane Dorian $2,335,398.63 $2,145,296.13 FDEP Grants 171R2 $446,551.30 191R2 $307,538.00 Total Funding $10,196,662.90 $5,808,519.43 PROJECT BID STATUS On July 26, 2020 the County advertised both the Sector 3 and Sector 7 Beach and Dune Restoration Projects, soliciting bids to restore the dunes and beaches using sand from an approved upland sand source or from the County's offshore borrow area identified in the respective Florida Department of Environmental Protection (FDEP) Permits. The bid opening for the Sector 3 Beach and Dune Restoration Project was held on September 9, 2020. Four (4) responsive bids were received for Sector 3 project. Upon review, three (3) of the responsive bidders submitted a bid identifying the use of an upland permitted sand source, while one (1) bidder identified the use of the County's off -shore borrow area as the means for beach nourishment. All supporting bid documents are on file and available for viewing in the Public Works Department. A detailed bid tabulation can be found below. Bidders Name Location Total Cost Ahtna Marine & Construction Company, LLC Pompano Beach, FL $17,138,681.81 Great Lakes Dredge & Dock Company, LLC Oak Brook, IL $29,000,250.00 Eastman Aggregate Enterprises, LLC Lake Worth, FL $36,236,131.70 Ceres Environmental Services, Inc. Brooklyn Park, MN $42,455,384.00 228 County staff, with support from the County's engineering consultant for the project, APTIM, LLC. reviewed the bids. Ahtna Marine & Construction Company, LLC was considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $17,138,681.81. Ahtna Marine & Construction Company, LLC was to be using a permitted upland sand mine and sand source for the project. On September 14, 2020, Ahtna Marine & Construction Company, LLC requested that their bid be withdrawn due to errors made during their preparation of the bid. This has resulted in Great Lakes Dredge & Dock Company, LLC being considered the successor lowest, responsive, responsible bidder for the project with a bid totaling $29,000,250.00. Great Lakes Dredge & Dock Company, LLC specified the use of the County's off -shore borrow area as the means for supplying sand for the beach nourishment. The bid opening for the Sector 7 Beach and Dune Restoration Project was held on September 9, 2020. Two (2) responsive bids were received for Sector 7 project. Upon review, one (1) of the responsive bidders submitted a bid identifying use of the off -shore borrow area, while one (1) bidder identified the use of an upland permitted sand source as the means for beach nourishment. All supporting bid documents are on file and available for viewing in the Public Works Department. A detailed bid tabulation can be found below. Bidders Name Location Total Cost Great Lakes Dredge & Dock Company, LLC Oak Brook, IL $11,480,682.00 Rio -Bak Corporation Fort Pierce, FL $11,947,000.00 County staff, with support from the County's engineering consultant for the project, Coastal Technology Corporation reviewed the bids. Great Lakes Dredge & Dock Company, LLC is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $11,480,682.00. Great Lakes Dredge & Dock Company, LLC specified the use of the County's off -shore borrow area as the means for supplying sand for the beach nourishment. FUNDING The estimated cost for the Sector 3 Beach and Dune Restoration Project was anticipated to be $14,800,000, with the apparent low bid received at $17,138,681.81. Full funding for the Sector 3 Beach and Dune Restoration Project was available which included the grant amounts shown above for Sector 3 as well as local funding in the amount of $6,942,018.91 from the Beach Restoration Fund. Full funding for the successor low bid due to the bid withdrawal request from the apparent low bidder was not factored into the FY 20/21 budget, as that successor bid was $29,000,250.00 resulting in the local funding contribution requirement being $18,803,587.10. The Sector 7 Beach and Dune Restoration Project was estimated at $9,900,000, with the apparent low bid received at $11,480,682.00. Funding for this project has been programmed into the upcoming FY 20/21 budget request including the grant amounts shown above as well as local funding of $5,672,162.57 for Sector 7 from the Beach Restoration Fund. However, if a sufficient number of easements are not obtained, constructability of the project is not viable and the construction commencement date of November 1, 2020 will not be possible. 229 G Account Name Account Number Budgeted Amount Sector 3 Beach and Dune Restoration Fund 12814472-066514-17001 $14,800,000.00 Sector 7 Beach and Dune Restoration Fund 12814472-066512-17001 $9,900,000.00 RECOMMENDATION Previously, staff recommended an easement percentage of 90% or greater in each respective sector in order to proceed with the Beach and Dune Restoration Project(s) which was accepted by the BCC. The recommendations below take into account that goal, as well as financial considerations after bid opening. • SECTOR 3 Sector 3 easements are currently at 77% of the targeted properties representing 83% of the total project area, several of the unresponsive easements targeted are located in one area. Although the goal of easements has not yet been met, staff would recommend moving forward with this project with the continued pursuit of remaining easements while the contractor mobilizes and prepares for sand placement beginning November 1, 2020 if not for the fact that the apparent low bidder has requested to withdraw their bid, and the successor low bid of $29,000,250.00 was not fully budgeted. Thus, staff recommends the following actions for the Sector 3 Beach and Dune Restoration Project: 1. Direct staff to file a claim on the bid bond posted by Ahtna, the apparent low bidder, since their request for withdrawal of their bid, received after the 24 hour withdrawal period under the bid documents, makes this project unable to move forward financially and the County has invested significant costs in preparing the project for bid this year and time in the review of their bid prior to request for withdrawal. 2. Reject all bids due to the significant difference between the Engineers Opinion of Probable Cost and the costs shown in the remaining responsive bids received. (A) Delay the Sector 3 project until next year (2021/22) in order to attempt to solicit more competitive bids when the industry may be more receptive to projects the size of our Sector 3 project. Staff will also be seeking extensions from FEMA and FDEP for their funding awards, however, it should be noted that if not approved, these grant funds would be lost. (B) Rebid a portion of the Sector 3 project area this year (to be determined by the Engineer). This approach would require that the remaining portion of the Sector 3 project area be bid next year (construction to take place in 2021/22). A smaller project size could be completed during our construction window, even with rebidding a revised project area and might result in more competitive bids received. • SECTOR 7 As the current percentage of easements for the Sector 7 Beach and Dune Restoration Projeq o currently at 62% of the targeted easements, staff recommends that the Sector 7 project be delayed until next year (2021/22) in order to attempt to achieve a sufficient number of easements to reach the protection benefit threshold for an effective project. Staff will seek extensions from FEMA and FDEP for their funding awards, however, it should be noted that if not approved, these grant funds would be lost. ATTACHMENTS 1. APTIM Bid Recommendation Letter 9/15/20 2. Coastal Technology Corporation Bid Recommendation Letter 9/15/20 APPROVED AGENDA ITEM FOR SEPTEMBER 22, 2020 231 TO: Eric Charest Natural Resources Administrator, Indian River County, FROM: Nicole S. Sharp, P.E. Coastal Restoration & Modeling Program Manager, APTIM DATE: September 15, 2020 RE: Sector 3 Beach and. Dune Restoration Project The following summarizes the bid results for the Sector 3 Beach and Dune Restoration Project and probable causes for unanticipated bid prices. Apparent Low Bidder: The low bidder, Ahtna Marine & Construction Company, LLC, has marine experience with cutterhead dredging projects within the state of Florida through its recent acquisition of Cavache, Inc.; however, the company bid as truck haul and does not have direct experience with truck haul projects of any magnitude and could not provide a reference for large earthmoving/hauling projects. Also, based upon communications with the company and as a result of their internal after -the -fact review of their bid package, Ahtna's bid for $17.1 M contained an error which increased the total cost for placement of sand by $13M. Due to this material error within Ahtna's bid package, the company has withdrawn their bid for the County's consideration. The second lowest bidder, Great Lakes Dredge & Dock (GLDD), LLC, does meet the technical qualifications of the project; however, their bid amount totaled $29M for the project. GLDD is a dredge contractor that has completed several recent and similar projects, and based upon their bid submittal, is capable of constructing the project within the requirements of the specifications. Bid Results: Four potential contractors submitted bid packages, and the bid results for the Sector 3 Beach and Dune Restoration Project ranged from $17.1 M (Ahtna) to $42.4M (CERES), which exceeded the County's cost estimate for the project. After further review, several factors may have attributed to higher unit prices for the cost of sand for the project. These include a highly competitive market, availability of sand suppliers, environmental restrictions imposed by the resource agencies, bid schedule, and status of U.S. Army Corps of Engineers (USACE) permit. Currently, the USACE and other governmental entities have multiple post -storm recovery projects out to bid or pending bid to repair losses from hurricanes which have impacted the state since 2017. Two large truck haul projects within Broward County (approximately 1.5M cubic yards) and Miami Dade County (1 M cubic yards) are expected to be bid for construction in 2020/2021. Additionally, there are active dredging projects on the West Coast of Florida in addition to a post -storm recovery project currently out to bid in the Florida Panhandle. These projects have the ability to limit resources (trucks, sand, and dredges) available to the County within their rigid construction window due to sea turtle nesting season and could have attributed to lack of bid or higher costs. 232 From reviewing the bid packages, only one sand supplier provided sand cost estimates to the truck haul contractors for this project, although the project was permitted and bid with several sources. As described above, over 2.5M cubic yards of sand from upland mines is expected to be needed for other projects south of the County that utilize the same sand mines as Indian River County's Sector 3 Project. As a sand supplier could be strained via production capacity to provide those quantities within one construction season, the sand mines may have decided to reserve their sand for the larger USACE projects; therefore, not supplying cost estimates to bidders for the County's project. As there are hardbottom resources directly offshore of the County, the Federal resource agencies are anticipated to impose strict transit corridors within their permit for potential dredgers bidding the project. During the pre-bid conference, the dredgers noted that this condition would cause increased bid costs because it would restrict their transit to and from the borrow area, and they could not select their routes to make them more economical for sailing. As these conditions were imposed during permitting, this restriction could not be changed during the bid process due to required consultation with the Federal agencies for any deviations from the permits. As such, the dredge contractor included this inefficiency within the unit price of sand within their bid. Additionally, the mobilization cost included within the sole dredge bidder's package was $7.5M. These high mobilization costs have been a recent trend around the state, with local governments paying high costs to get a dredge onsite. Competitive construction costs are typically acquired with a bid put on the market with extra leeway and a flexible construction window. As permitting delays by the resource agencies attributed to deferred issuance of permits, the project was not able to be bid several months in advance of planned construction. Due to the compressed bidding timeframe required to start the project on November 1, potential contractors may not have had this project on their radar and committed to other projects this winter. Higher pricing, .at a premium to the County, may have been provided to arrange schedules to include this project. The status of the USACE permit was also concern to contractors bidding the project. Due to delays by National Marine Fisheries Service (NMFS) in issuing the South Atlantic Regional Biological Opinion (SARBO), the USACE's permitting process was delayed. As the contractors are planning to mobilize and restrict equipment for sole use on this project starting on November 1, 2020, any delays in issuance of the permit, and subsequently the notice to proceed, would cause the contractor to have idle equipment for an unknown amount of time. Due to these unknowns, the bidders may include this risk into their bid prices for the project. 233 (C COASTAL TECH AMacc 3625 20THStreet Vero Beach, Florida 32960 (772) 562-8580 Fax (772) 562-8432 Johnny Bradberry, President 1004181.002 September 15, 2020 Eric Charest Natural Resources Manager Indian River County Public Works Coastal Division 1801 27th Street Vero Beach, FL 32960 Re: Indian River County — BID No. 2020054 Sector 7 Beach & Dune Restoration Project - Bid Review and Assessment Dear Mr. Charest: This letter constitutes our recommendation of award for the Sector 7 Beach and Dune Restoration Project — per Bid No. 2020054. We have evaluated the bids received by the County as the Engineer -of Record. Based upon the information provided by bidders, we recommend award of a construction contract to Great Lakes Dredge and Dock Company, LLC (GLDD) for the Sector 7 Beach and Dune Restoration Project. Note that: • Four (4) bids were received for the Project; only two of the four bids were determined to be valid by the County Purchasing Department in that each bidder submitted the information required by the Bid Documents. • The two valid bids are from the Great Lakes Dredge and Dock Company, LLC (GLDD) and the Rio - Bak Corporation; GLDD proposes use of the offshore borrow area, and Rio -Bak Corporation proposes use of an upland sand source. • GLDD's Base Bid of $11,480,682 constitutes the low bid; Rio -Bak Corporation's Base Bid of $11,947,000 constitutes the high bid. . • GLDD's unit price for Bid Item 2: Furnish & Install Sand, is much lower than Rio -Bak Corporation's unit price ($17/cy compared to $35/cy); however, their unit price for Bid Item 1: Mobilization/Demobilization is significantly higher ($5.1M as opposed to $112,209). • Both bids are comparable in unit price for Bid Items 3 through 6: Pay Profiles, Permit Compliance/Turbidity Monitoring, Beach Tilling, and Furnish & Install Native Plants. • Both bids are (18% to 23%) higher than our Opinion of Probable Cost; • We have previously worked with GLDD on other projects; GLDD is broadly .known as a reputable contractor with extensive and successful experience in beach nourishment. If you have any questions, please contact me or Michael. Sincerely, COASTAL TECH - G.E.C., Inc. ('� -�"11.E Charles "Tem" Fontaine III, P.E. Vice President Attachments: Bid Summary cc: Michael Walther, CTC -GEC Celebrating 33rd Anniversary Coastal Engineering Economics a Energy - Environmental o GIS . Planning - Transportation 234 O �O .O m M N I II II O�I U � Lf) � U � 0 W `✓ N +' C' N U •� CL 4) Q Q) v o ca (Ij m ry- U o o 4� DC L fts -N a�jp vii O U L C: O fa O Q) O L f6 +-i Q U N - N — cn .° N O U > cn C6 +�, — Ln cN L +-j Z Ln m .. Q =3O I� �(/) 4-jj C6 L- i O4 O 4-� O N L - JO c U c 0 E tw m cn V) °N .> -0 ELcu O �ai 0 caE +2 u Q > E � C Ln N N 0 L4-' CSA ca +-' _ E 'E U N O =3 O O Co �- ON o O N � v v1 N +-+ txo U '> ca =3 —C ca U . 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At the time, there was a utility lien on the property for $263,538.95. The property currently has 55 multi -family water and sewer Equivalent Residential Units (ERUs) affiliated with it. Although the apartment buildings are demolished, the service to the property is still active, and service availability charges continue to accrue. On February 18, 2020, the Board of County Commissioners (BCC) approved the Affordable Housing Advisory Committee's recommendation to purchase the property for $10,000. The County has since closed on the property. On August 24, 2020, County staff informed the Code Enforcement Board (CEB) of the County's intent to facilitate redevelopment of the property with affordable housing and recommended releasing the lien for the code violations that were on the property. The CEB agreed to release the lien. In accordance with County Code Section 201.08B, service availability charges continue to accrue on every connected ERU as required to reserve capacity in the system. Per section 201.08) (4), for any unpaid balances due, delinquency charges accrue. As of September 2020, $483,468.74 in service availability charges (aka base charges) and delinquency charges have accrued against the property. There is a utility lien in place for this amount. The charges and fees are broken down in the table below: Service Availability Charges Delinquency Charges Total $157,915.81 $325,552.93 1 $483,468.74 Indian River County Department of Utility Services (IRCDUS) staff has already been working on developing policy for BCC consideration regarding 296 past due utility accounts. This task was per BCC directive from a March 17, 2020, meeting. During that meeting, Mr. Brodley Williams requested the BCC to consider removing some of the fees affiliated with a lien on a property that he and his father purchased in a tax deed sale. The BCC, requesting more information due to the complexity of the 236 subject, directed staff to develop policy and options for dealing with situations like that of Mr. Williams and to bring something back for consideration. When staff began work on this directive, they analyzed the 296 past -due utility accounts that have significant balances on them. One of the accounts is the Gifford Gardens property. Therefore, staff had already been devising various options for BCC consideration. Some of that work is reflected in the options presented herein. Analysis: The County and other stakeholders are looking for ways to re -purpose the Gifford Gardens property as a potential site for low-income housing for up to 22 single-family homes. However, one major issue is the existing utility lien and excess ERUs associated with the property. First, the ERUs on the property are sufficient for 55 multi -family homes. This is more than the capacity required for 22 single-family homes. A decision regarding excess ERUs is one option for BCC consideration. Second is the utility lien. Until this matter is resolved, the property is hampered by the sizeable balance due on the account, which outweighs the value of the property. Staff has developed various options for the BCC's consideration in order to resolve the utility issues as listed below: 1. Reimburse IRCDUS $483,468.74 from the County's General Fund. Obviously, this has a significant impact on the County fund balance and could cause unwanted precedence with respect to IRCDUS operations, its operational needs and potentially covering its costs through County taxpayers. This option, while beneficial to IRCDUS, is not recommended due to the high financial costs associated with using General Fund reserves. 2. Reimburse IRCDUS for accrued service availability fees in the amount of $157,915.81 from the General Fund. This is to offset the accrued past -due service availability fees. If this option is exercised, IRCDUS will have to write off the $325,552.93 in delinquency charges as a utility "bad debt" expense. This option will require a budget amendment for IRCDUS and the General Fund to be paid from reserves. 3. Relinquish all of the ERUs affiliated with the parcel. This will eliminate any new fees from accruing against the property. However, it will require a property owner or developer to purchase water and sewer impact fees, currently $4,096 for a single-family home, before pulling any building permits. This equates to $90,112 for 22 single-family homes. Part of the solution being researched is to find a way to satisfy IRCDUS' operational costs while minimizing the payments due and preserving the previously invested impact fees associated with the property, which would entice future re- purposing of the property to serve the needs of low-income residents. 4. Relinquish 29 multi -family (MF) ERUs and convert the remaining 26 MF ERUs to 22 single-family (SF) ERUs (0.85 conversion factor per County code 201.08), and: a. Pre -pay 24 months of the service availability fees for the 22 SF ERUs at a monthly cost of $567.82 (567.82 x 24= $13,627.68). This will minimize the accrual of service availability charges; 237 Or b. Let the service availability charges accrue. These charges will have to be brought current before obtaining a building permit. However, if the property were developed within twenty-four months, this would be a maximum of only $619.44 per SF ERU. 5. If the property is not developed within 24 months, relinquish the 22 SF ERUs remaining on the property and cease any more accrual of service availability fees. 6. Allow a one-time creative solution that would be in the interest of all stakeholders in the affordable housing project for the former Gifford Gardens property. This solution would be a one-time BCC directive for the County -owned property to be used for affordable housing. This option is not intended to set a precedence for future properties. Under this option, the past due service availability fees would be re -calculated as if the property had the 22 SF ERUs affiliated with it from the time the first past -due service availability fees were accrued. This recalculated amount is $89,343.27. This recalculation would reduce the burden on the General Fund by $68,572.54. The table below depicts the cost of the two options presented that preserve ERUs. Option ERUs Preserved Cost to General Fund Utility Bad Debt Write-off Option 1 55MF $157,915.81 L $325,552.93 Option 2 22SF $ 89,343.27 11 $394,125.47 MF = Multi -Family SF = Single Family 7. Direct staff to release the utility lien against the property after the recommended actions are performed. Since the preservation of 22 SF ERU's equates to $89,343.27 and would then carry ongoing monthly service availability charges of $567.82 (which would need to be paid by a non-utility funding source), it may make the most financial sense to relinquish all the ERU's. The former property owner has, in essence, vacated any reserved capacity by not keeping the account current. Any future development would then be required to pay the impact fees in effect at the time of development. Currently they at $1300/water ERU and $2796/sewer ERU. 22 SF water and sewer ERU's x $4,096 = $90,112 ($768.73 more than the 22 ERU preservation amount). Funding: Funding for this may come from different sources depending on the direction from the BCC. The write- off of any utility fees would be charged to Bad Debt Expense. Currently, there is only $20,000 budgeted for utility bad debt expense in fiscal year 19/20. A budget amendment will be required for anything written off in excess of the $20,000. Bad debt expense is a utility operating expense. Utility operating expenses are covered by water and sewer sales. Any past -due service availability fees funded by the General Fund would require a budget amendment from General Fund reserves. Recommendation: Staff recommends that the Board of County Commissioners (BCC) consider the various options presented. Staff recommends that the impact fee allocation be eliminated, the general fund not be used 238 to preserve this impact fee investment, and the system be permanently disconnected, which would immediately stop any recurring service availability charges. 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W? 00 O _'k a (vp A V N N �► z m r O o, a d n C O 3 H a CN G �S O Q m _Q 0.)� CD l 0 P✓'f D 0 f"F 0� N (n N (n CD CL fT J T 0 a wn-Is W.&M."AA-M . . . . . . . . . . mo..- 13A MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 10, 2020 SUBJECT: Code Enforcement Board — Alternate Member BACKGROUND. Per section 162.05, Florida Statutes, "membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor." Additionally, a "local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members." It has been several years since the Indian River County Board of County Commissioners ("Board") has been able to appoint an architect to the Code Enforcement Board. The County Attorney's Office has in the past reached out to the local chapter of the American Institute of Architects, but has not been successful in finding applicants. The County Attorney's Office wanted to see if the Board was interested in appointing alternates who could serve on the Code Enforcement Board in order to prevent any quorum issues. If so, the following is a list of interested applicants. Roy Clark Kelly A. Darmetko Dana R. DiFrancesco Terence Schlitt FUNDING. There is no funding associated with this matter. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners decide whether to appoint alternate members to the Code Enforcement Board and if so, decide whether to appoint one or more of the interested applicants. 240 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: Roy Clark Today's Date: 4-3-14 Email Address: ConcreteRoy@gmail.com Street Address (No P.O. Boxes): 12975 80th Court, Sebastian, FL 32958 Home Phone: Work Phone: Cell Phone: 772-633-6057 Cell Phone: 321-872-5300 How long have you been a resident of Indian River County? 1984 (36 years) Are you a full or part time resident? Check one: Q Full Time Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Roy Clark Concrete Please list any licenses you presently hold: Concrete & Masonry Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: Continued on next page 241 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT ❑ CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE ❑ MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 242 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: Kelly A Darmetko Today's Date: 08.12.18 Email Address: kdarmetko@att.net Street Address (No P.O. Boxes): 617 Rolling Hill Drive, Sebastian, FL 32958 Home Phone: 772-571-6595 Work Phone: 617-663-3252 Cell Phone: 508-942-9623 How long have you been a resident of Indian River County? 3 years Are you a full or part time resident? Check one: Full Time Q Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. John Hancock Financial Services Please list any licenses you presently hold: n/a Please list any organization of which you are currently a member: CEFLI, ACLI, InfraGuard (private sector member) Please list any other committees or boards you currently sit on: n/a Continued on next page 243 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE F1 BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE El PLANNING PLANNING & ZONING COMMISSION - El SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE - TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the. Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 244 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: Terence Schlitt Today's Date: 06/23/20 Email Address: tersname(a)hotmail.com Street Address (No P.O. Boxes): 6316 7th Street, Vero Beach, FL 32968 Home Phone: Work Phone: 360-4998 Cell Phone: 772-501-3372 How long have you been a resident of Indian River County? 28 years Are you a full or part time resident? Check one: Q Full Time Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. TE Schlitt Engineering. I currently am a local engineer and previously I worked for a construction company for 7 years in Orlando. Please list any licenses you presently hold: Professional Engineer in Florida Please list any organization of which you are currently a member: Sunrise Vero Beach Rotary, Youth on a Mission of Vero Beach, IRC Chamber of Commerce Please list any other committees or boards you currently sit on:. Sunrise Vero Beach Rotary Foundation, Youth on a Mission of Vero Beach, Indian River Chamber of Commerce Industry Appreciation Committee, TCPalm Citizen Advisory Board Continued on next page 245 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS E] ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD ❑ INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE ❑ MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL ❑ TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ VALUE ADJUSTMENT BOARD— MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY ❑ Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 246 09INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: Dana R. DiFrancesco Today's Dater 08/10/20 1 1 Email Address: DCARON555@YAHOO.COM Street Address (No P.O. Boxes): Home Phone: Work Phone: 772-462-2521 Cell Phone: How long have you been a resident of Indian River County? 25 YEARS . Are you a full or part time resident? Check one: Q Full Time Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. ST. LUCIE COUNTY BOCC - CODE ENFORCEMENT Please list any licenses you presently hold: STATE CERTIFIED CODE ENFORCEMENT OFFICER NOTARY PUBLIC SKYWARN SPOTTER CERTIFIED Please list any organization of which you are currently a member: TREASURE COAST ASSOCIATION OF CODE ENFORCEMENT FLORIDA ASSOCIATION OF CODE ENFORCEMENT Please list any other committees or boards you currently sit on: NONE Continued on next page 247 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE 0 AGRICULTURE ADVISORY COMMITTEE - ❑ BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT El CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ❑ ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL 0 TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 248 September 22, 2020 ITEM 14,1 INDIAN RIVER COUNTY . BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 16, 2020 SUBJECT: Countywide Development, Visioning and Service Delivery FROM: Susan Adams Commissioner, District 1 I respectfully request a conversation regarding ongoing issues related to countywide development, visioning and service delivery. 249 lq6l September 22, 2020 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 2, 2020 SUBJECT: Discussion on Compensation Procedures for Business Owners when County Contractors Disrupt Commercial Activities FROM: Tim Zorc Commissioner, District 3 Discussion Item:. I'd like to discuss developing a formal procedure or methodology for business owners seeking compensation when contractors employed by the County unintentionally disrupt — on one or more occasions -- a business's commercial activities. 250 80 September 22, 2020 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 15, 2020 SUBJECT: Summary of the Florida Association of Counties proposed legislative policies for the Water and Environmental Sustainability and Community and Urban Affairs committees FROM: Peter O'Bryan Commissioner, District 4 Commissioners: Attached is the summary of the proposed legislative policies from the Florida Association of Counties' Community and Urban Affairs Policy Committee and from the Water and Environmental Sustainability Committee. 251 Community and Urban Affairs Policy Committee CUA -PP -1: REMOTE MEETINGS PROPOSED POLICY: FAC SUPPORTS legislation authorizing local governing bodies and other local boards and committees to meet remotely. CUA -PP -2: REMOTE MEETINGS DURING STATE OF EMERGENCY PROPOSED POLICY: FAC SUPPORTS legislation granting an exemption for county elected officials to be able to participate in emergency -related briefings during a declared state of emergency. CUA -PP -3: AFFORDABLE HOUSING IMPACT FEES PROPOSED POLICY: FAC SUPPORTS amending s. 163.3180, F.S. — Concurrency, to include affordable housing unit construction in the definition of capital facility, and require affordable housing units funded by impact fees to remain affordable for 30 years. CUA -PP -4: AFFORDABLE HOUSING —SHIP PROPOSED POLICY: FAC SUPPORTS changing the formula for local housing fund distribution so that counties can allocate housing funds in a manner most effective for their local housing market, this includes reducing the percentage of funds required to be distributed for homeownership and allowing counties to increase the percentage reserved for rental housing up to 50% of the funds available. CUA -PP -S: MOBILE HOME REGULATION REVIEW PROPOSED POLICY: FAC SUPPORTS legislation requiring a review of state laws applicable to manufactured homes and park communities, as it relates to the clarification of state and municipal regulatory requirements, obligations, and authority. CUA -PP -6: BOCC OVERSIGHT OF COMMUNITY REDEVELOPMENT AGENCIES PROPOSED POLICY: FAC SUPPORTS strengthening county oversight of community redevelopment agencies. CUA -PP -7: SUNSETTING COMMUNITY REDEVELOPMENT AGENCIES PROPOSED POLICY: Regulation or Elimination of Community Redevelopment Agencies (CRAB) legislation to eliminate/abolish/sunset current CRAB CUA -PP -8: CRA REVENUE CAP PROPOSED POLICY: FAC SUPPORTS legislation that would allow local governments to cap revenues and determine areas of need moving forward. 252 CUA -PP -9: TRANSPORTATION FUNDING — CONCURRENCY FUNDS PRIORITIZATION PROPOSED POLICY: FAC SUPPORTS legislation that would give local governments the ability to apply existing concurrency needs to the development that is wishing to develop first. CUA -PP -10: TRANSPORTATION FUNDING GAS TAX INCREASE PROPOSED POLICY: FAC SUPPORTS legislation authorizing local officials to increase to the local option fuel taxes on gasoline and diesel by $0.10. FTA -PP -11: TRANSPORTATION FUNDING GAS TAX INDEXING PROPOSED POLICY STATEMENT: FAC SUPPORTS indexing local option fuel taxes to annual adjustments of the Consumer Price Index. CUA -PP -12: LOCAL OPT -OUT OF M -CORES PROPOSED POLICY: This issue proposes a local opt -out by a local county commission from the construction of a M -CORES corridor in their county. CUA -PP -13: M -CORES LOCAL SERVICE FUNDING PROPOSED POLICY: FAC SUPPORTS additional funding sources for counties that are impacted by the M - CORES projects CUA -PP -14: NUISANCES IN UNPLATTED SUBDIVISIONS: PROPOSED POLICY: FAC SUPPORTS legislation to expand §60.05, Florida Statutes, dealing with nuisance abatement, to allow local governments to address nuisances within unrecorded subdivisions meeting certain criteria regarding size, ownership, and noisome activities. CUA -PP -15: VACATION RENTAL TAX REMITTANCE PROPOSED POLICY: FAC SUPPORTS legislation requiring taxes associated with vacation home renal to be provided in a format specified by each collection authority and/or outlined in a local ordinance pertaining to the collection of taxes. CUA -PP -16: TRANSPORTATION DISADVANTAGED FUNDING PROPOSED POLICY: FAC SUPPORTS establishing a rule within the state Commission for the Transportation Disadvantaged (CTD) funding process that allows allocation of an additional 10% over the standard funding to assist with the required tasks of being the CTC CUA -PP -17: FLEET ELECTRIFICATION 253 PROPOSED POLICY: FAC SUPPORTS legislation to encourage the state to develop electric vehicle acquisition policies including preference for low/no emission vehicles, allowing cost to own to justify EV purchase and municipal leasing mechanisms to gain access to federal EV tax credits. 254 Water and Environmental Sustainability Committee WES-PP-1: BIOSOLIDS PILOT PROGRAM PROPOSED POLICY: Support establishing a pilot program for funding new state of the art wastewater technologies to improve recover and afford more efficient use of human wastewater biosolids. Recommendation: Adopt WES-PP-2: SEA -LEVEL RISE FUNDING PROPOSED POLICY: Dedication of a funding stream to better understand and combat Sea -level rise. Recommendation: Not adopt, covered in Guiding Principles WES-PP-3: STORMWATER PERMITTING REQUIREMENTS PROPOSED POLICY: Support a mandate that State of Florida stormwater permitting requirements use NOAA Atlas 14 rainfall data Recommendation: Withdrawn by sponsoring county WES-PP-4: STORMWATER CRITICAL EVENTS PROPOSED POLICY: Adopt statewide the critical storm event analysis standards used by Suwannee River Water Management District and FDOT. Recommendation: Withdrawn by sponsoring county WES-PP-5: SEPTIC TANK PERMITTING PROPOSED POLICY: Support a change in statutory language that will better supervise and coordinate appropriate septic tank permitting between the Department of Health, County Health Departments, and local county/municipal governments. Suggested language change that could be added to Sec. 381.0065(4), Fla. Stat. as follows: The department may not issue a construction permit until the department has received written notice .from the municipality or county with land use jurisdiction over the property where the onsite sewage treatment and disposal system is to be constructed, confirming that the type of building or structure to be served by the onsite sewage treatment and disposal system is permissible on the property under applicable local regulations Recommendation: Adopt 255 WES-PP-6: STATEWIDE ENHANCED SEPTIC SYSTEMISEWER REQUIREMENT PROPOSED POLICY: Support a statewide requirement that all new development be placed on enhanced treatment septic systems or connected to sewer. Recommendation: Motion made to not adopt, vote was tied so motion failed, deferred to full Policy Conference in December WES-PP-7: CONVERSION OF PRIVATE WELLS AND SEPTIC TANKS PROPOSED POLICY: Support continued enhanced funding opportunities for conversion programs designed to move private wells to potable drinking water and private septic tanks to public wastewater collection systems. Support greater flexibility for programs that address the costs incurred by residents connecting to sewer and the proper abandonment of septic systems. Recommendation: Adopt WES-PP-8: FIRE HYDRANT SYSTEMS PROPOSED POLICY: Support requiring the design for proposed public utility programs to include fire hydrant systems. Recommendation: Defer to full Policy Conference in December WES-PP-9: WATER QUALITY IMPROVEMENT PROJECTS PROPOSED POLICY: Support funding opportunities for studies and other technical and scientific data collection and engineering/design needed to support the implementation of water quality improvement projects. Recommendation: Not adopt, covered in Guiding Principles WES-PP-10: FUND STORMWATER REHABILITATION AND ENHANCEMENT INFRASTRUCTURE PROGRAMS FOR WATER QUALITY PROPOSED POLICY: Support funding opportunities and/or incentives for Stormwater System rehabilitations and enhancements that provide measurable water quality improvements. Recommendation: Not adopt, covered in Guiding Principles WES-PP-11: LAKE OKEECHOBEE BASIN AND WATER MANAGEMENT PROPOSED POLICY: Support water quality and quantity management programs for regional and sub -regional systems in South and Southwest Florida Recommendation: Not adopt, covered in Guiding Principles 256 WES-PP-12: FUNDING OPPORTUNITIES FOR "SMALL COMMUNITIES" PROPOSED POLICY: Support the development of tiered, population driven funding opportunities including a category for "Small Communities" with populations less than 500,000. Recommendation: Not adopt WES-PP-13: ENERGY EFFICIENCY GOALS PROPOSED POLICY: Support legislation providing clarity to the Public Service Commission that it must reform its rules to reflect best practices in other states on setting efficiency goals Recommendation: Defer to full Policy Conference in December WES-PP-14: ROOFTOP SOLAR PROPOSED POLICY: Support advancing roof -top solar for Florida families and businesses and oppose weakening the state's net -metering rules. Recommendation: Not adopt, covered in Guiding Principles WES-PP-15: WATER -USING APPLIANCE STANDARDS PROPOSED POLICY: Support the Model Act for Establishing State Appliance and Equipment Water Efficiency Standards (model language attached) Recommendation: Adopt 257 /W/ September 22, 2020 Item No. 14. E. 1. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 16, 2020 SUBJECT: BMAP Allocations for Indian River County FROM: Bob Solari Commissioner, District 5 The Florida Department of Environmental Protection (FDEP) has been working on a Central Indian River Lagoon Basin Managenment Action Plan (BMAP) for years. The BMAP will, in the end, allocate responsibility to prevent both Nitrogen and Phosphorus from going into the Indian River Lagoon. The removal of pollutants is something that Indian River County has both embraced and has been pro -actively addressing with cutting edge projects. One problem is that over the. years FDEP has made a number of changes to how it allocates responsibility for the nutrients and more recently to the model it uses to determine the starting load. These changes appear to be arbitrary and capricious. Addressing these changes will probably cost IRC taxpayers close to an additional $100 million. Given the probable additional cost and the arbitrary way that the allocations have been made, I believe that it would be in the best interests of the citizens of Indian River County to aggressively fight the allocation process to ensure its accuracy and that this will probably require authorizing the County Administrator to hire an appropriate consultant or attorney. Thank you, 258 Dear County Commissioner It has come to the attention of the Indian River Neighborhood Association that Commissioner Solari is advising that a consultant or attorney be hired to engage with the Florida Department of Environmental Protection over its BMAP allocations for Indian River County. Rather than take an adversarial approach, we recommend that County staff meet with representatives from FDEP to discuss their and council's concerns about the change in methodology that determine the allocations and negotiate those allocations. The FDEP and County goals are the same: to reduce pollution in the Indian River Lagoon, a crucial recreational and economic asset to Indian River County. The County has done an admirable job with stormwater management such as the new Moorehen Marsh. The County also has a plan for converting septic to sewer which needs to be implemented and expedited. S13712, sponsored by our own District 5 representative, Debbie Mayfield, recently was signed into law by the State legislature and establishes grant programs to upgrade or convert septic systems to sewer and to upgrade sewage treatment plants. Such projects will be eligible for cost share funding from FDEP and other state agencies to enable municipalities to complete such projects. Allowing that the cost of water quality projects, especially converting septic to sewer, is extremely expensive, it is no wonder that the County is concerned with its cost and obligations. However, we must move forward with water quality improvement projects as the lagoon is a class III water body that is impaired; that means it is not considered fishable or swimmable according to the FDEP. The IRL BMAP will be phased, meaning a portion of the total reductions will need to be met in the first 5 years of implementation; however, the BMAP will include a discussion of the remaining reductions and a timeline to achieve the TMDL. County residents want a healthy lagoon and they will support well planned projects. We all realize that substantial funding will be needed to clean up the lagoon but, the longer we wait, the more expensive it will become and we may well be a tipping point now. Attached is a primer on BMAPs. Respectfully, Jean Catchpole, Chair IRNA Water & Lagoon Committee catchsun@msn.com 772-234-8718 ,,q61-'� Indian River Lagoon (IRL) Basin Management Action Plans (BMAPs) Fact Sheet Improving Water Quality and Seagrass Bed Coverage in the Lagoon Overview of Total Maximum Daily Loads A Total Maximum Daily Load (TMDL) is the maximum amount of a pollutant that a waterbody can absorb and still meet state water quality standards. TMDLs must be developed for waterbodies that have enough data to show they are not meeting state water quality standards. `Vater quality standards vary depending on the type of waterbody and include fishable and swimmable, recreational purposes, water supply needs, and shellfish harvesting. A TMDL consists of. (1) a restoration target based upon state water quality standards; and (2) a required reduction of the pollutants to meet the target. The Indian River Lagoon (IRL) Basin is impaired for the nutrients total nitrogen (TN) and total phosphorus (P). The Florida Department of Environmental Protection (FDEP) adopted the nutrient TMDL for the main stem of the lagoon in March 2009. Underway are separate TMDLs for the impaired tributaries (creeks, streams, and canals) that enter the lagoon. The tributaries TMDLs are scheduled to be drafted by the end of 2009. The water quality target for the IRL main stem TMDL focuses on the water quality conditions necessary for seagrass re -growth in the areas where seagrasses grew historically in the basin. The amount of seagrass coverage in the IRL Basin has greatly decreased over the years due to changes in water quality conditions. As polluted runoff reaches the lagoon, it prevents the seagrasses from growing in deeper water. To determine the amount of nutrient reductions needed to improve lagoon water quality, the TMDL used a restoration target of 10% less than the historical seagrass coverage. This restoration target should result in nutrient reductions that allow seagrass coverage almost to the extent previously seen in the area. The required TN and TP reductions calculated for each waterbody identification (WBID) number in the basin resulted in a percent reduction from current loadings. A WBID is a portion of a waterbody that has different characteristics than the surrounding waterbodies. FDEP uses the WBID approach to focus on each section of a waterbody to determine the health of the waters and if they are not meeting the necessary water quality standards, the potential causes of the impairment. Relationship Between Nutrients and Seagrass A necessity for seagrass growth is sunlight. However, high concentrations of nutrients currently enter the lagoon causing algae growth to increase because the nutrients act as fertilizer on the algae. The algae form mats or blooms on the surface of the water, which prevent sunlight from reaching the seagrass on the lagoon bottom. In addition, algae can grow on the blades of the seagrass, smothering it and affecting its normal functions. Polluted runoff contributes to darker and less transparent water, which further prevents sunlight from reaching the deeper seagrass beds. The goal of this TMDL is to reduce the amount of nutrients entering the lagoon, which, in turn, will reduce algal growth and allow more sunlight to reach the seagrass. Distribution Page 1 of 6 July 2009 0S 83 Indian River Lagoon (IRL) Basin Management Action Plans (BMAPs) Fact Sheet Improving Water Oualitv and Sea -grass Bed Coverage in the BMAP Approach To implement the IRL TMDLs for the main stem and tributaries, FDEP will develop a Basin Management Action Plan (BMAP). A BMAP outlines the characteristics of the basin, impairments, sources of the pollutants, and a list of projects that will reduce the pollutants to meet the TIvIDL. Major components of a BMAP include: • TMDLs being implemented; • Reductions assigned to responsible sources; • Projects to meet the TMDL and the funding sources; • Monitoring plan to determine water quality improvements and progress towards the TMDL; • Responsible parties commitment to the implementation timeline for their efforts the BMAP; and • Adoption by the FDEP Secretary. FDEP will work with the stakeholders in the basin to develop the BMAP. The BMAP must include a plan to meet the TMDL. The IRL BMAP will be phased, meaning a portion of the total reductions will need to be met in the fust 5 years of implementation; however, the BMAP will include a discussion of the remaining reductions and a timeline to achieve the TMDL. Because the IRL Basin is large with many stakeholders, the basin will be divided into 3 subbasins (see Figures 1-3): • IRL North; • IRL Central; and • Banana River Lagoon. A separate BMAP will be developed for each of these subbasins and their tributaries and the total actions in all 3 BMAPs must achieve the TMDLs. In order to develop these BMAPs, FDEP will hold technical meetings in each of the subbasins. Technical meetings will be held the second Friday morning of the month and will rotate subbasins so that each subbasin meets every 3 months. The purpose of the technical meetings is fact-finding and compilation of data to provide supporting information for the BMAP. Additionally, a Basin Working Group (BWG) will be formed and this group will meet as needed. The purpose of the BWG is to provide recommendations to FDEP on how local stakeholders can achieve the TMDL. The BWG members are management -level representatives and the group has a set membership. The BWG votes on issues to provide guidance to FDEP during the BMAP process. Both the technical and BWG meetings are open to the public. All meetings are publicly noticed and meeting summaries are prepared. Types of Responsible Entities There are several types of stakeholders in the basin that can receive detailed allocations. These entities include: • Wastewater treatment facilities (W\VTFs); • Municipal separate storm sewer systems (1\4S4s); • Urban areas outside of an MS4; Distribution Page 2 of 6 July 2009 a -4;T'3 Indian River Lagoon (IRL) Basin Management Action Plans (BMAPs) Fact Sheet Improving 'Water Quality and Seagrass Bed Coverage in the Lagoon • Water control districts; • Agriculture; • Transportation; • Other nonpoint sources; and • Federal facilities. The BMAP actions are enforceable for point source entities (WvVTFs and MS4s) through their National Pollutant Discharge Elimination System (NPDES) permits. The actions for nonpoint sources are enforceable through the Secretarial adopted BMAP. For the agricultural producers, they are required to implement appropriate best management practices (BMPs) for their crops or livestock activities or implement FDEP designed water quality monitoring to show they are not having an impact on the water quality of the lagoon. Basin Website FDEP will post meeting agendas, summaries, handouts, and presentations to their website. The meeting materials for the IRL basin can be found at: f f .de .state.fl.us ub water BMAP IndianRiverLa oon . Contact Amy Tracy, FDEP Basin Coordinator E-mail: amy.tracy@dep.state.fl.us Phone: 850 245-8506 Distribution Page 3 of 6 July 2009 j- t • i 4 y .60 �pt�ls,�catc�'e �, _ •. Indian River Lagoon, h O th B" N L N k- W -*E' c. _ S 0 3 6 12 We Legend C NPOES Fadliba In TMDL 1:3 1RL!NWh:ft1ftt0deS In I$MAP .i`' , • �.,� Federal Property I INN r- Wevard county, bistricI S F1; F.024 CRY of cam, +ally d Indian Harbour Beach, Distribution FIGURE 1: IRL NORTH BMAP AREA Page 4 of 6 July 2009 as1-.s 4� City of Melbourne, city +34 Titusys1le, I Tmn of tndialani6e, Town of Roti tadge, 'Vdusu county. Distrt 5 t=LR04 024 lt.elsr. ' o. sacitit7 Incogated Plaices !AME �`; t��tantiu ln3>lm Harbour Se nh Palm Say PPaw SIw" RoWedge 00TVIST - City of - Jos w ubw fo..lft coscw.tt t* FIGURE 1: IRL NORTH BMAP AREA Page 4 of 6 July 2009 as1-.s CK**" at WWTP a MV "rubd 04 wwwa4 ammum cipmmm-1+rrr t 1��3lt xtaiA rtprrlta � 034 r Inman River Lagoon Cent -m-1 BMS' if�r VX fx tAm ate. a -%a d A vx AAW6 y � "'�ekii' IRlwdr. '�+ ';S B�I�I�stitliF,YfClt `� �b • _ _ • iTiM 1T4rCi ApWt: Perm 00.PAO1f3:K',Fr, :l AS I �ifl'rT7�]�icTs - gRt�'true C*,pYrtctsrlrt r� , �• -- —= !M. _ SIA{ All 0 5 12 Milas Distribution arrrllrrtwo Coeteat.sso h 40T or Uff in otic "� kCtmct: Dststa Cavnr•Rfntss iLT! c --erg. �.s�---�-`---�------4. FIGURE 2: IRL CENTRAL BMAP AREA Page 5 of 6 July 2009 Distribution 0174 or IMKCM- 011 OF. W. ana River BMA I N w *P_ 9 s -4 I 02 S MA `I f Lggend . A NPO'BS PadIities in "i Mill Banana Waterbrclies in BMAP Milriary Bases Banana !BMAP MS4 PERMITTEES Bremer d "Cou nW .. c7d Cape Canaveral City *f,Cowa teach C ty os Iridian Harbour Beach i . city of Satell"its Sia ch Patrick AFB lncoporated Places NAME Cape Canaveral each Coom So Indian 'Harbour Beach Melbourne Satellite Beat jDOTDIST �J S FIGURE 3: BANANA RIVER LAGOON BMAP AREA Page 6 of 6 July 2009 ,S _/7 -O — t 5� Distribution 0174 or IMKCM- 011 OF. W. ana River BMA I N w *P_ 9 s -4 I 02 S MA `I f Lggend . A NPO'BS PadIities in "i Mill Banana Waterbrclies in BMAP Milriary Bases Banana !BMAP MS4 PERMITTEES Bremer d "Cou nW .. c7d Cape Canaveral City *f,Cowa teach C ty os Iridian Harbour Beach i . city of Satell"its Sia ch Patrick AFB lncoporated Places NAME Cape Canaveral each Coom So Indian 'Harbour Beach Melbourne Satellite Beat jDOTDIST �J S FIGURE 3: BANANA RIVER LAGOON BMAP AREA Page 6 of 6 July 2009 ,S _/7 -O — Draft 2/11/13 "Central. Indian River Lagoon Basin Management Plan Fact Sheet For Indian River County Total Nitrogen Loading Total For IRC 8071521 Agriculture 4011162 Natural Lands 115,568 Atmosperic Deposition 53,545 Subtotal (less Ag Lands) 406,359 BMAP Required Reduction 51% TN - For All Partners 207,243 BMAP 12/2/15 IRC Load 91,602 IRC Allocation (now 56% Reduction ofTN required) 51,297 Pollution Load Screening Model (PLSM) BMAP Alternative IRC Load 224,100 BMAP Alternative IRC Allocation 125,496 BMAP 2/19 1 RC Load 91,602 Pollution Load Screening Model (PLSM) BMAP Alternative IRC.Load 2241100 BMAP Alternative IRC Allocation 125,496 BMAP 8/2020 1 RC Allocation Based on Surface Water Iterative Loading Model aka Brevard County Swil Model Starting LOAD 3481174 ALLOCATION 210,695 arc -1 I . rD ,� o =S- Er -nm N 3 O rD rD rD N. pr, (DD fDD X N — , O O Q M aq aq rD rD rt aq rD aq rD vo D n D C3- o z 3 n z rD q � rD rDz (Dn Oor+ o o o UZ Q rr r'r Yfi ^ O m /�� ,e-+ ,r+ I y + • N N C) 11 11 N rrD r1 a)•_0 < -4 V � N O C m 'N Q rt W W lD O W V :3 N 1.1 2 00 Q =300 m N 00 v O D" \CD 3 m \ W fD (DD D v n V DJ 0)r+ C1 (J1Ln o W T Ofl+' O -0N O p ( =300 m 0 mrb QQ N O O -- D O Q , w 00 ro 1 W� � o O D m LA E E' -a ro O r+ Q D O �c O o C < ( m (D ' + o —" z rO cn 12• `°D (A � I rt + N a" 3 flj G' n' a �* rD v Q. 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"'r9 t � -r �' t s;.� -' 3�i 9► �'� '�? �� 1�r r'" _ �� � r r' D Y x3 M rg .. . _ �• Sw.k�&.y� LL Sar vol MAT r S saYNx 's, {*7t�nl z �iYfw� e? y y ti�T'','�a; „I,.,'rti` G d�i3M ,_�.,r;.�`.."-+,:� . ffi �s.,.5'.i}R�S4.,, "yri3 3Z 6 +'- .4 , k 'J � �• : &.A7ldq P .yy:;; +tel, - MNo 1 � r • ab I 1 Jacqueline Rizzo From: Terri Collins -Lister Sent: Monday, September 21, 2020 9:56 AM To: Jacqueline Rizzo Subject: FW: [External] CWC Fills Water Quality Testing Void in the Lagoon For your Tuesday Meeting From: Dylan Reingold <dreingold@ircgov.com> Sent: Monday, September 21, 2020 8:48 AM To: Susan Adams <sadams@ircgov.com>; Joseph E. Flescher <jflescher@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; Bob Solari <bsolari@ircgov.com>; Tim Zorc <tzorc@ircgov.com> Cc: Jason Brown <jbrown@ircgov.com>; Terri Collins -Lister <tlister@clerk.indian-river.org> Subject: FW: [External] CWC Fills Water Quality Testing Void in the Lagoon Good morning! Please find correspondence from the Clean Water Coalition concerning agenda item 14.E.1. Have a wonderful day! Dylan From: captpaulfafeita@aol.com <captpaulfafeita@aol.com> Sent: Sunday, September 20, 2020 4:53 PM To: Jason Brown <ibrown@ircgov.com>; Dylan Reingold <dreingold@ircgov.com> Cc: captpaulfafeita@aol.com Subject: CWC Fills Water Quality Testing Void in the Lagoon CAUTION` Thi massa `e �s froman eztern�al�s'ource. Please use caution when openmg,attachmen s r,clickn I# "IT g_ . �, g Good afternoon Jason/Dylan, am unable to attend to IRC Commission meeting on Tuesday as are other board members but I would like you to share the below with the Commissioners. I know it's rather lengthy to read into the minutes but however it can be done. We (CWC) feel that this topic is very important and should not be over looked by the County. Thank you Paul Fafeita Clean Water Coalition - President 772-562-5978 Honorable County Commissioner: This email is in response to Item 14.E of your September 22nd Commission Agenda — relative to "BMAP Allocations.for Indian River County" as outlined in the Inter -Office Memorandum by Commissioner Solari. In general, rather than a costly "fight" with FDEP, we encourage the County, in collaboration with FDEP, to cooperatively develop defensible BMAP Allocations so the related projects can (a) gain public support, and (b) be jointly funded by the County and the State of Florida. Note that: • To someday restore the Indian River Lagoon will require FDEP and County collaboration. • As identified during the August 25th FDEP webinar on BMAP Allocations, we're not seeing recovery of sea grasses nor the health of the Lagoon improve - in spite of numerous (a) County projects, and (b) Florida Statutes and Rules — since 1975 - espousing restoration of the Lagoon. A June 2020 FDEP Bulletin professes that the recently adopted State budget as "Largest Environmental Budget in Florida's History" with Water Quality Improvement and Restoration funding at about $682 million including: (a) more than $417 million for Everglades Restoration; and (b) about $265 million for Statewide water quality improvement and related projects. However, the Office of Economic and Demographic Research (EDR); a research arm of the Florida Legislature, in its Annual Assessment of Florida's Water Resources and Conservation Lands - estimated the minimum costs to complete planned and underway BMAP Projects (not including Everglades Restoration) at over $2.9 Billion — far shy of the $265 million funded by the 2020 Florida legislature. • Instead of a costly County "fight" with FDEP on BMAP Allocations, we specifically ask the Commission to: o hold at least one public Commission workshop with presentations by County and FDEP staff — to discuss and identify: ■ WQ needs related to the Central IRL, ■ appropriate methods to formulate BMAP Allocations, the related projects, and a feasible schedule for implementation of these projects, and ■ the need for public funding; o promote with the County's Legislative Delegation - State appropriations to support WQ projects by local governments. Please contact me if you have any questions. Thank you for representing our collective interests to restore the Indian River Lagoon! Paul Fafeita, President Clean Water Coalition of Indian River County 772-473-8475 Subject: CWC Fills Water Quality Testing Void in the Lagoon View this email in your browser ,q5 OZ 1 , of Indian Riveffm Counly, Inc. CWC Fills Water Quality Testing Void in , the Ulgoon In 1990, the Indian River Lagoon (IRL) was designated an "Estuary of National Significance". It 1 ; is home to one-third of the nation's manatees who share the estuary with bottlenose dolphins, fish, birds and rare seagrasses. It stretches along 40 percent of Florida's east coast and carries an economic value from recreational activities and property values of more than $3.5 billion annually. 1 ' In 2012, the first IRL Basin Management Action iPlans were written because the Indian River i Lagoon was determined to be "nutrient impaired" under the Federal Clean Water Act, meaning the water does not meet the water quality stand{ rd set for recreational purposes such as swimming and fishing. i .The Clean Water Coalition of IRC (CWC) that water quality testing in the Indian River Lagoon is Harbor Branch Oceanographic Institute, Ocean Research and Conservation Association and the St. John's River Water Management District conduct water testing { I The three sites are all recreational areas used bI the public. i 1 • Oslo Boat Ramp —After school program by Pelican Audubon. Society 3 i • City's Sewage Treatment Plant - Youth Sailing facility • MacWilliams Park — Vero Beach Rowing Club dock, kayak launch, dog park and COVB marina High enteric bacterial presence in recreational waters poses a potential health risk and may cause upset stomach, diarrhea, eye irritation and skin rashes. Fecal pollution can come from stormwater runoff, pets, wildlife, cattle and human sewage. The results of our samples are available to the public at our website: www.cwcirc.org Copyright © 2020 Clean Water Coalition of Indian River County, Inc., All rights reserved. You are receiving this email because you opted to become a supporter of the CWC. Our mailing address is: Clean Water Coalition of Indian River County, Inc. P.O. Box 690761 Vero Beach, FL 32969 Add us to your address book Want to change how you receive these emails? You can update your preferences or unsubscribe from this list. --Warning-- This email was sent to you by someone outside of'the Clerk's Office. Beware that any lint: or attach:inent that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 4 asit) /5A I DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: September 17, 2020 SUBJECT: Approval of Year Two Public Medical Transportation Letter of Agreement between Indian River County Emergency Services District and the Agency for Health Care Administration. . It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS: Staff seeks consideration of a Letter of Agreement with the Agency for Health Care Administration (ARCA) for the receipt of Public Emergency Medical Transportation (PEMT) payments to the County for this year. AHCA has significantly changed the process to receive the PEMT payments to providers over prior years. The new process now requires an upfront payment from the County of $97,570.17 in order to receive the PEMT payment. This payment from the County to AHCA, as well as all of the statewide provider's payments, will be bundled as a funding mechanism to apply for federal grants. It is anticipated that the funds provided to AHCA ($97,570.17) will be returned to the County as well as the annual PEMT funds estimated to be $158,429.83 with a total return to the County of $256,000. FUNDING: Funding for this agreement will be derived via a budget amendment to Emergency Services District/Fire Rescue/PEMT Program from reserve for contingency. Account Name Account Number Amount Emer . Services District/Fire Rescue/PEMT Program 1 11412022-035290-20023 $97,570.17 RECOMMENDATION: Staff recommends the approval and execution of the Letter of Agreement between the Indian River County Emergency Services District and the Agency for Health Care Administration. ATTACHMENTS: 1. Public Emergency Medical Transportation Letter of Agreement 259 Public Emergency Medical Transportation Letter of Agreement THIS LETTER OF AGREEMENT (LOA) is made and entered into in duplicate on the day of 2020, by and between Indian River County Emergency Services District on behalf of Indian River County ALS, and the State of Florida, Agency for Health Care Administration (the "Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Intergovernmental Transfers (IGTs)" means transfers of funds from a non -Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government) to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 US.C. -§§ 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. "Public Emergency Medical Transportation (PEMT)," pursuant to the General Appropriation Act, Laws of Florida 2020-111, is the program that provides supplemental payments for eligible Public Emergency Medical Transportation (PEMT) entities that meet specified requirements and provide emergency medical transportation services to Medicaid beneficiaries. A. GENERAL PROVISIONS Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2020-2021, passed by the 2020 Florida Legislature, Indian River County Emergency Services District and the Agency agree that Indian River County Emergency Services District will remit IGT funds to the Agency in an amount not to exceed the total of $97,570.17. Indian River County Emergency Services District and the Agency have agreed that these IGT funds will only be used for the PEMT program. 2. Indian River County Emergency Services District will return the signed LOA to the Agency. 3. Indian River County Emergency Services District will pay IGT funds to the Agency in an amount not to exceed the total of $97,570.17. Indian River County Emergency Services District will transfer payments to the Agency in the following manner: a. Per Florida Statute 409.908, annual payments for the months of July 2020 thru June 2021 are due to the Agency no later than October 31, 2020 unless an alternative plan is specifically approved by the agency. b. The Agency will bill Indian River County Emergency Services District when payment is due. 4. Indian River County Emergency Services District and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to Indian River County Emergency Services District—Indian River County ALS—PEMT LOA_SFY 2020-21 260 health services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS i. Indian River County Emergency Services District agrees to maintain books, records, and documents (including electronic. storage media) pertinent to performance under this LOA in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. Indian River County Emergency Services District agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal- personnel. iii. Indian River County Emergency Services District agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. RETENTION OF RECORDS The Indian River County Emergency Services. District agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this LOA for a period of six (6) years after termination of this LOA, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. iii. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. MONITORING i. Indian River County Emergency Services District agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the Indian River County Emergency Services District which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS The Indian River County Emergency Services District agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. This LOA may only be amended upon written agreement signed by both parties. Indian River County Emergency Services District—Indian River County ALS_PEMT LOA SFY 2020-21 261 The Indian River County Emergency Services District and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 6. Indian River County Emergency Services District confirms that there are no pre- arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re -direct any portion of these aforementioned supplemental payments in order to satisfy non -Medicaid, non -uninsured, and non - underinsured activities. 7. Indian River County Emergency Services District agrees the following provision shall be included in any agreements between Indian River County Emergency Services District and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program and used secondarily for other purposes. 8. This LOA covers the period of July 1, 2020 through June 30, 2021 and shall be terminated June 30, 2021. 9. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. PEMT Local Intergovernmental Transfers Program / Amount State Fiscal Year 2020-2021 Minimum Fee Schedule/MCO IGTs $97,570.17 Total Funding $97,570.17 IN WITNESS WHEREOF, the parties have caused this page Letter of Agreement to be executed by their undersigned officials as duly authorized. Indian River County Emergency Services District SIGNED BY: NAME: TITLE: DATE: STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED BY: NAME: TITLE: DATE: Indian River County Emergency Services District—Indian River County ALS_PEMT LOA_SFY 2020-21 262 Intergovernmental Transfers Questionnaire 1. What type of governmental entity is your organization considered? (county, city, hospital taxing district, or other) County I If other, please explain The Emergency Services District is a Dependent Special District of Indian River County 2. Does your organization have a relationship with the provider for which you contribute IGTs as named in the preamble of the enclosed Letter of Agreement (LOA)? Yes If yes, please describe your relationship, including services provided to/by the provider to/by the organization and any other financial transactions between the provider and the organization. The District is both the provider of and the agency that will be making the required IGT. 3. Please describe the source of the IGT funding for your organization, including whether the source is from a tax, a provider donation, or other funds. Provide the amount of funding from each source. Source Amount Ad Valorem Tax revenue FY 20/21 Proposed Budget $ 97,570 If other, please explain a. Verify whether the funds are public funds as defined by 42 CFR § 433.51, and exclude any federal funds. Yes If no, please explain 263 4. Does your organization have taxing authority? Yes ' 5. If the source of IGT funding is from taxes, please answer the following questions: a. Is the tax a state, county, city, or hospital district tax? Count If other, please explain b. What entities are taxed? C. wr a. vv Property iat is the tax structure i.e. property tax, percentage of revenue, assessment, etc.)? Property Tax iat is the amount or percent or the tax r 2.3531 Mills e. Does at least 85% of the burden of the tax revenue fall on health care providers as defined in 42 CFR §433.55? (Provide the total tax revenue and the health care provider tax burden) If so, please answer the following questions: Amount Total Tax Burden 1 $ - Healthcare Provider Tax Burden $ - 0.00% i) Is the tax broad based? A broad based tax can be defined as a tax that is imposed on at least all health care items or services in the class or providers of such items or services furnished by all non -Federal, non-public providers in the State, and is imposed uniformly, pursuant to 42 CFR § 433.68. If no, please explain 264 ii) Is the tax uniform across all entities being taxed? Based on 42 CFR § 433.68, a health care - related tax will be considered to be imposed uniformly even if it excludes Medicaid or Medicare payments (in whole or in part), or both; or in the case of health care -related tax based on revenue or receipts with respect to a class of items or services, if it excludes either Medicaid or Medicare revenue with respect to a class of items or services, or both. The exclusion of Medicaid revenue must be applied uniformly to all providers being taxed. If no, please explain iii) Is the tax generally redistributive and a waiver of the broad-based or uniform tax requirement was granted in accordance with 42 CFR §433.68(e)? If no, please explain iv) Does the tax program comply with the hold harmless provisions included in 42 CFR § 433.68(f)? If no, , please explain 0 6. If the source of IGT funding is from provider payments, please answer the following: a. Are provider voluntary payments or in-kind services received by the organization as defined in 42 CFR § 433.52? No b. How much of the organization's revenue is received from provider -related donations (Provide the total revenue and the provider -related donation amounts)? Amount Total Revenue $ - Provider Related Donations $ - c. Do individual provider donations exceed $5,000 per year or $50,000 per year for a health care organizational entity? 265 If yes, please list the provider and payment amount. Provider Name Amount d. Does any portion of the provider donation constitute as a "bona fide donation" pursuant to 42 CFR § 433.54? 42 CFR § 433.54 requires donations will not be returned to the individual provider, the provider class, or related entity under a hold harmless provision. e. Please provide the details of the agreement including the amount between the IGT provider and the health care system. 7. Were funds utilized for the IGT specifically appropriated by the organization's board? Yes it yes, provide the board min BCC Approved on 12/17/2019 Minutes are available: https://ircgov.legistar.com/ DepartmentDetail.aspx?ID rtes and date of the appropriation. 8. Did the organization receive provider funds from the health care entity the IGT was made on behalf of, or from any other health care entity? No If yes, please provide a listing of providers, funding source, and amounts received. Provider Name Funding Source Amount certify that the statements and information contained in this submittal are true, accurate, and complete. Signature of Officer or Administrator Title 266 Date 267 1 -;?2- 20 Treasure Coast Newspapers PART OF THE USATODAYNETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION Attn: Kathy Charest INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET NOTICE OF PUBLIC HEARING VERO BEACH, FL 32960 This is notice of a public hear- ing of the Board of County STATE OF WISCONSIN Commissioners to consider ex - COUNTY OF BROWN tending the ,deadline by five yeais for the Providence Pointe Planned ;Development Before the undersigned authority personally appeared, said Traditional Neiglrhorhood De - sign project to come le al clerk, who on oath says that he/she is a legal clerk of the g Y 9 eP cons) mence construction or have Indian River Press Journal, a daily newspaper published at Vero the project site revert "to:the Beach in Indian River Count Florida: that the attached co of Y. PY original (pre -planned g de - o{iment approval) zoning des - advertisement was published in the Indian River Press Journal jgnations : The total site area consists" approximately in the followingissues below. Affiant further says that the said Y es 38G.33 acres locatedwest 'n! Indian River Press Journal is a newspaper published in Vero 58th Avenue, south of 53rd Beach in said Indian River County, Florida, and that said Street: and north of 49th newspaper has heretofore been continuously published in said A. Public which Indian River County, Florida, daily and distributed in Indian River Y Y .hearing; d :parties in interest aril citizens County, Florida, for a period of one year next preceding the first shall have an opportunity to publication of the attached co of advertisement; and affiant PY Bo'heard, will y Commission - Board of County Commission - further says that she has neither paid or promised any person, further ers of Indian River County, firm or corporation an discount, rebate, commission or refund p Y Com - Florida, in the county the 'mission Chambers of the for the purpose of securing this advertisement for publication in Build- County Administration Build - the said newspaper. The Indian River Press Journal has been theStreet, ing, located at tFlo 27th Vero Beach, Florida on entered as Periodical Matter at the Post Offices in Vero Beach, Tuesday, September 22, 2020 Indian River County, Florida and has been for a period of one at 9:00 a.m. year next preceding the first publication of the attached copy of Please direct planning -related questions to the Current De- advertisement. velopment .Planning Section at 772-226-1239. All.docu- merits`. pertaining ;this re- 09/06/2020 .-to. quest are on' file in the Indian River 'County Planning. Divi- sion, located at 1801 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by members of the Subscribed and sworn to before on September 6, 2020: public during normal business hours. All members of the public are invited to attend and participate in the public hearing. Anyone Who; may wish to,ap.- ppeat any decision,.: which.;mayy be'made at this meeting, will Notary, State of WI, County of Brown need to ensure that a verba- tim record of the proceedings is made, which includes testi- TA R A M O`N I) L_O C I -i mony and evidence upon Notary Public which the appeal is based. state of VVlsconsin ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226 - My commission expires August 6, 2021 1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING, Publication Cost: $133.38 INDIAN RIVER COUNTY Ad No: 0004356517 BOARD OF COUNTY COMMIS - Customer No: 1310785 SIONERS PO #: BY -s- Susan Adams, Chairman Publish: Sept. 6, 2020 TCN4356517 # of Affidavits 1 Text of Ad: 08126/2020 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, AMEND- ING SECTION 102.01 (BOARD. OF COUNTY COMMISSIONERS MEETINGS AND PROCEDURES) AND SECTION '102.04 (ORDER OF BUSINESS) OF CHAPTER 102. -(BOARD OF COUNTY COMMISSIONERS; MEETINGS AND PROCEDURES) OF .THE CODE OF INDIAN RIVER COUN- TY, TO UPDATE THE PROCESS- ES FOR BOARD OF COUNTY COMMISSIONERS MEETINGS; AND, PROVIDING. FOR CODIFI- CATION; SEVERABILITY; CON- FLICT OF ORDINANCES;, AND EFFECTIVE DATE OF THE ORDI- NANCE. The Public Hearing will be held on Tuesday, September 22, 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 Counttyy Commissioners a 772 t - 225-74 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 COMMISSIONERS SUSAN ADAMS, CHAIRMAN Pub: September 6, 2020