HomeMy WebLinkAbout2022-007ORDINANCE NO. 2022- 007
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING PART II (CHILDREN'S
SERVICES ADVISORY COMMITTEE) OF CHAPTER 103
(COMMISSIONS AND BOARDS) TO UPDATE VARIOUS ASPECTS OF
THE CHILDREN'S SERVICES ADVISORY COMMITTEE, INCLUDING
MEMBERSHIP, FUNDING AND DISTRIBUTION OF FUNDS; AND
PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF
CONFLICTING PROVISIONS; AND AN EFFECTIVE DATE.
WHEREAS, Indian River County is among Florida's richest counties; and
WHEREAS, Indian River County has the 10th largest income gap between the
top 1 percent and bottom 99 percent of earners out of 3,061 counties in the United
States; and
WHEREAS, children and youth under age 18 represent 16% of Indian River
County's population; and
WHEREAS, 16% of Indian River County children live in poverty and an additional
33% of Indian River County children live in households that are one financial emergency
or missed paycheck away from poverty; and
WHEREAS, a network of organizations serving children and families in Indian
River County has for decades demonstrated a trusted and verifiable track record of
operating proven programs and developing promising practices that deliver measurable
results by improving the health, education, economic opportunity and housing
conditions for this vulnerable population; and
WHEREAS, investing in developmental and educational resources for children
and families will provide measurable returns for our community; and
WHEREAS, Indian River County's children need enhanced services; and
WHEREAS, 7.5% of babies born in Indian River County each year are considered
low birth weight, and 10.9% are preterm; and
WHEREAS, 42% of children in Indian River County are not prepared to enter
kindergarten; and
WHEREAS, as many as 50% of children with developmental delays or disorders
are not diagnosed or properly treated before they start school; and
WHEREAS, 54% of students in Indian River County are eligible for free & reduced
lunch; and
ORDINANCE NO. 2022- 007
WHEREAS, in Indian River County only 60% of children in 3rd grade read on grade
level and only 53% of 8th graders are proficient in 8th grade math; and
WHEREAS, over 1,500 reports of suspected child abuse in Indian River County
are regularly received by the Department of Children and Families in a given year; and
WHEREAS, over 10% of middle school age children report using alcohol in the
past 30 days; and
WHEREAS, 28% of Indian River County students are chronically absent; and
WHEREAS, Indian River County's teen pregnancy rate of 22.7/1000 is higher
than the state's average of 19.7/1000; and
WHEREAS, Indian River County's hospitalization rate for youth for mood and
depressive disorders is twice that of the state of Florida; and
WHEREAS, quality programs addressing these needs pay for themselves many
times over and the cost of inaction is a tragic loss of human and economic potential that
we cannot afford,
WHEREAS, the Indian River County Board of County Commissioners determines
that it is in the best interests of the health and well-being of our children and broader
community to modify the provisions Part II (Children's Services Advisory Committee) of
Chapter 103 (Commissioner and Boards) to strengthen the process of funding children's
programs.
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 Part II (Children's Services Advisory Committee) of
Chapter 103 (Commissions and Boards) of the Code of Indian River County,
Florida.
New language indicated by underline, and deleted language indicated by stFikethre inh
Part II (Children's Services Advisory Committee) of Chapter 103 (Commissions and
Boards) of the Code of Indian River County, Florida, is hereby amended to read as
follows -
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CHAPTER 103. — COMMISSIONS AND BOARDS.
PART II. CHILDREN'S SERVICES ADVISORY COMMITTEE.
Section 103.20. - Purpose.
The purpose of the children's services advisory committee is to promote healthy Ghil
the health and well-being of children in a healthy community. The term "healthy"
encompasses socioeconomic, physical, mental, social, emotional, environmental and
educational health.
Section 130.21. - Objective.
(1) The objective of the children's services advisory committee is to provide a unified
system of planning and delivery within which children's needs can be identified,
targeted, evaluated and addressed by the children's services advisory committee.,
(2) Definition of child. Any person who has not attained the age of eighteen (18) years,
also minor.
(3) This objective will be met by the children's services advisory committee through
the powers and functions of the board of county commissioners as follows:
a) Recommended to provide and maintain in the county, services for children as
the children's services advisory committee determines are needed for the
general well-being of the county.
b) Collect information and statistical data and conduct research helpful to the
children's services advisory committee and the county in deciding the needs of
children in the county.
c) Consult, collaborate, and coordinate with other agencies dedicated to the well-
being of children to the end that unnecessary duplication of services will be
prevented.
d) Recommend the allocation of funds to agencies that provide services for the
benefit of children in Indian River County.
e) Recommend standards for evidence based measurable outcomes within the
request for proposal and monitor the agencies for actual performance on
agreed upon standards.
f) Recommend to employ, pay and provide benefits for any part-time or full-time
position needed to execute the foregoing powers and functions.
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ORDINANCE NO. 2022- 007
Section 103.22. - Appointment to the children's services advisory committee.
(1) The membership of the children's services advisory committee shall consist of
thirteen (13-) fifteen (15) voting members who must be residents of Indian River
County as follows:
a) S (6) Seven 7 ex -officio voting members. Those members shall be:
1. County Commissioner
2. Judge living in Indian River designated by Chief Judge
3. Superintendent of Schools
4. Department of Children and Families, Assistant D str Gt
Circuit 19 Community Development
Administrator
5. Department of Health County Health Department Administrator
6. Law Enforcement officer
7. Representative from the Indian River County Hospital District.
b) Five (5) voting members from the community appointed by the board of county
commissioners, ref!er+�—the geegraphiGal and oias diversity of"e
sen MUnit�- Each commissioner shall appoint one member to represent his/her
district.-, which individuals shall have some form of expertise in the arena of
children's services, such as a physician, licensed mental health professional,
child advocate or someone with business experience.
c) Two (2) at -large voting members shall be appointed by the board of county
commissioners.
d) One voting member, appointed by the board of county commissioners, who is
an accountant, certified financial officer, certified financial planner or has
sianificant financial experience.
(2) Reserved.
(3) The codon (7) diStr Gt and at large members appointed by the board of county
commissioners shall have been residents of Indian River County for at least twenty-
four (24) months prior to nomination. Such members shall be appointed for four-
year terms, except that the length of the terms of the initial appointees shall be
adjusted to stagger the terms. No at -large member shall serve for more than two
(2) consecutive four-year terms.
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appointed(4) Members may_-
Reserved.laGed dur'Rg their term
(5) No designee of principals will be allowed for any member of the children's services
advisory committee.
O. ..
committee
•-• veting member. Reserved.
(7) Officers: Officers will include a chair, appointed by the board of county
commissioners, vice chair, and standing sub -committee chairs. Officers excluding
the chair will be elected by the majority vote of the children's services advisory
committee members each January and will assume the duties of their office on the
regular meeting on the second Monday of the next meeting each year. The term as
an officer, other than a county commissioner, will be for one year, but officers may
succeed themselves.
(8) Except in the event of a conflict between with this Chapter, the children's services
advisory committee shall be subject to the provisions of Chapter 103 of the Indian
River County Code of Ordinances.
Section 103.23. - Duties of the children's services advisory committee members.
(1) Identify and assess the needs of the children in Indian River County and submit to
the board of county commissioners a written description of:
a) The activities, services, and opportunities available to Indian River County
children.
b) The activities, services, and opportunities that need to be provided to Indian
River County's children.
c) The anticipated schedule for providing those activities, services, and
opportunities.
d) The manner in which children will be served, including a description of
collaboration and partnerships that will be made with community organizations,
state and local educational agencies, federal agencies, public assistance
agencies, the juvenile courts, foster care agencies, and other applicable public
and private agencies and organizations.
e) The strategy that will be used for interagency coordination and collaboration to
maximize existing human and fiscal resources.
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ORDINANCE NO. 2022- 007
f) The special outreach efforts that will be undertaken to provide services to
promote healthy children.
(2) Provide orientation to all new children's services advisory committee members, to
allow them to perform their duties and understand the Sunshine Law.
(3) Based upon board of county commissioner's fiscal year, provide an annual written
report and presentation in January to the board of county commissioners, including
program updates/highlights, outcome data and performance and fiscal reports
from each funded organization.
(4) Provide an updated short term and long-term plan to the board of county
commissioners to include, but not limited to:
a) Programs, services, and activities that meet the objectives of the children's
services advisory committee, including recommendations on best practices,
programs and services to be implemented outside the RFP process set forth
below.
b) A detailed budget for activities, services, and programs recommended to
receive funding from the board of county commissioners.
(5) Work with staff and sub -committees to review and update the procedure manual
as set forth in section 103.31 of this Chapter, to be presented to the board of county
commissioners for approval every two years.
Section 103.24. - Sub -committees.
(1) The children's services advisory committee may establish the change of
membership in or termination of the existence of any sub -committees. Each sub-
committee shall be named and shall have and may exercise such powers as
delegated by the children's services advisory committee through the board of
county commissioners. Sub -committees may be composed of children's services
advisory committee members and citizens who are Indian River County residents,
with an effort to broadly represent the county, geographically and
socioeconomically. Each sub -committee shall have one member who is an ex
officio member of the children's services advisory committee who is a board of
county commissioners appointed member to the children's services advisory
committee who shall serve as chair of the sub -committee. There shall be no other
children's services advisory committee members on the sub -committees. 9pfy
A minimum of three peeple will serve on eaGh sub GOMMittee.
(2) There shall be standing sub -committees created by the children's services
advisory committee. The children's services advisory committee chair shall appoint
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the sub -committee chairs with the approval of the children's services advisory
committee. Annually standing sub -committees will evaluate their effectiveness and
make recommendations to the children's services advisory committee.
ab) Community needs assessment and planning sub -committee: Shall be
comprised of no fewer than 5 and no more than 9 members. Members may serve
no more than three (3) two (2) year terms. A one (1) year absence shall be
required before members may re -apply to serve on the sub -committee. The sub-
committee shall Identify and assess the needs of children of Indian River County
through a needs assessment and asset mapping; submit to the board of county
commissioners through the children's services advisory committee a written
description of those needs. Provide and update short term and long term plan to
the children's services advisory committee including, but not limited to, programs,
services and activities that meet the objectives of the children's services advisory
committee.:
bE) Grant review and program sub -committee: Shall be comprised of no fewer than
9 and no more than 15 members. Members may serve no more than three (3) two
(2) year terms. A one (1) year absence shall be required before members may re-
apply to serve on the sub -committee. In coordination with the executive office
director, review and revise requests for proposal (RFP) based on need
determination and set priorities. Submit to children's services advisory committee
for approval. Review and recommend letters of intent submitted by agencies
requesting funding. Through exp ive Office direGtGr, notify seleGted—gTarR
Review final RFPs and make recommendations
for funding to children's services advisory committee, who will then recommend to
the board of county commissioners for funding. Receive, review and present to
children's services advisory committee members' quarterly (at a minimum) reports
from funded agencies. Conduct program evaluations throughout the funding
period, schedule and attend site visits to funded program.
cd) Other sub -committees deemed necessary to fulfill the duties of the children's
services advisory committee may be established by the children's services
advisory committee chair, with the expressed consent of the board of county
commissioners. A minimum of three people will serve on such sub -committees.
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ORDINANCE NO. 2022- 007
Section 103.25. - Meetings.
(1) The children's services advisory committee will meet at least quarterly or as called
by the chair.
a) All members are expected to attend all meetings. If a member's annual
attendance drops below the seventy-five (75) percent mark the executive office
director shall submit a report to the board of county of commissioners for their
consideration of possible removal from the children's services advisory
committee.
b) Members of the children's services advisory committee shall serve without
compensation.
(2) The fiscal year of the children's services advisory committee will be the same as
the Indian River County Board of County Commissioners.
Section 103.26. - Funding.
The board of county commissioners shall provide an assigned millage of up to 0.125 0.25
to the children's services advisory committee.
Section 103.27. Distribution Use of funds.
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It is the intent of this part that the funds provided per section 103.26 shall be used for the
development and authorization of continuing programs to improve the quality of life for all
children in Indian River County. Funds will be expended for children's services to promote
the health and well-being of children, which encompasses socioeconomic physical
mental, social, emotional, environmental and educational health. Such programs and
services may include, but shall not be limited to the following purposes:
1) To allocate and provide funds for agencies in Indian River County which are
operated for the benefit of children.
ORDINANCE NO. 2022-007
2) To support programs and services which will enhance academic achievement and
assist all children to achieve literacy and perform at grade level in core areas such
as reading, math and science.
3) To provide and maintain in Indian River County such guidance, psychological, or
psychiatric programs and services as the county determines are needed for the
general welfare of the children and families of Indian River County.
4) To support programs and services which promote and improve the physical health
and well-being of all children, including physical and recreational activities.
5) To support programs and services designed to stop child abuse before it starts.
6) To provide funds to programs and services that keep our children off the streets
and away from drugs, alcohol and other risky behaviors.
7) To provide prenatal care programs where such programs will improve birth
outcomes for all children.
8) To provide for such other services for all children as the county determines are
needed for the general welfare of Indian River County.
9) To collect information and statistical data which will be helpful to the county in
deciding the needs of children and to develop techniques for monitoring the
efficacy of funded programs and services including, but not limited to the gathering
of data, measuring outcomes, goal effectiveness, research.
10)To provide or coordinate training, professional development and other support to
children's services advisory committee funded agencies which will ultimately
improve service delivery and desired outcomes for children.
11)To consult, coordinate and collaborate with local, state and national entities which
promote best practices, professional standards and advocacy focusing on the
health, well-being and education of children and families.
12)To lease or purchase such equipment and personal property, up to $5,000, as are
needed to execute the foregoing programs and services.
13)To employ and pay, on a part-time or full-time basis, personnel needed to execute
the foregoing programs and services.
14)To provide for administrative expenses limited to Indian River County staff
implementing this chapter and operating supplies, directly related to tasks
necessary to fulfill the scope and purposes of this chapter. in an amount not to
ORDINANCE NO. 2022- 007
exceed eight (8) per cent of the annual millage for that fiscal year, to be determined
at the time of budget adoption.
Such children's services may be provided in accordance with the provisions of this
Chapter and such rules, policies and procedures as may be established by resolution of
the county, which may include, but shall not be limited to programs providing for grants
to not-for-profit agencies for the reimbursement of expenditures for operational and
overhead expenses for the creation, development and implementation of programs,
grants to not-for-profit agencies or children based upon funding all or a portion of the cost
of services rendered, the purchase of services or, where children's services can most
economically and efficiently be provided by county, through the establishment of county -
run programs. Funding will not be used to pay for or reimburse services provided by other
governmental entities or their employees.
Section 103.28. - Cooperative agreements. process for distribution of funds.
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1) The application process will be in the form of a request for proposal. Each
completed application shall contain expected results stated in required evidence
based measurable terms for review by the children's services advisory committee
and a copv of the most recent financial audit. Governmental aaencies are excluded
from the financial audit requirement.
2) Announcement of plan. As soon as reasonably possible after submission of the
children's services advisory committee's annual report and initial funding plan for
children's programs and services, the county shall approve or modify the plan and
announce the availability of funding for the upcoming fiscal year. The
announcement will include a description of services and programs recommended
for funding. The announcement will include information pertaining to funding
applications, rules and procedures pertaining to the award of funds and applicable
dates for submission of applications and all details pertinent thereto.
3) Funding request evaluation. Evaluations of agencies submitting fundinq
applications shall include, but not be limited to, site visits, interviews, and
application review. Applications received will be assessed on the basis of specified
criteria and will include, but not be limited to, the following items:
a. Organization's capability. The qualifications and experience of the applicant
in providing quality human services and the agency's financial capabilit ..
b. Evidence based outcomes from prior years.
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ORDINANCE NO. 2022- 007
c. Need for service. Appropriate goals and objectives in response to the
advertisement of funding availability.
d. Soundness of methodology. The goal and objectives, description of
services with timeline and documented coordination with other service
providers.
e. Evaluation. The program's process and outcome objectives, data collection
system and evaluation design.
f. Cost effectiveness. The proportion of budget applied to direct services,
funds from other sources, funds requested, current and projected long
range efficiency.
g. Children and families served. The extent to which the application addresses
services to meet identified needs of the target population.
h. Neiahborhood-based initiatives. The extent and dearee to which the
application focuses on a local area or neighborhood.
i. Response to a specified strategy. The applicant's identification of and
appropriate response to a specified primary strategy.
j. Application. The relative completeness, clarity and conciseness of the
resoonse to all reauired items in the fundina announcement and aoglication.
4) Prior to budget hearings, the children's services advisory committee shall submit
aline item request, by program, to the board of county commissioners for funding
consideration. This total request will be within the boundaries of the funding set
forth for children's services by the board of countv commissioners under section
litog] 4�
Section 103.29. - Bookkeeping and audit.
Any agency funded through the process set forth in Part II of this chapter shall be required
to keep adequate records reflecting the use of funds and services provided. These
records shall be made available to the children's services advisory committee or board of
county commissioners upon reasonable demand. The executive office director shall, at a
minimum; review a -ad records quarterly and prepare written reports for the children's
services advisory committee. All agencies must provide the children's services advisory
committee with an audit based upon standard accounting procedures.
Section 103.30. - Function of executive office director.
The executive office director of the county, under the purview of the County Administrator,
will provide all services needed to support the services set forth in this part, including, but
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ORDINANCE NO. 2022- 007
not limited to, complete egg reports and activities required to meet the objectives
of the children's services advisory committee. These activities will include, but are not
limited to, seGretar'al administrative support for the children's services advisory committee
meetings and be the official record repository for said records, keeping other records,
monitoring agencies receiving funds, writing appropriate grants, producing written
materials, reviewing applications for funding, reporting to the children's services advisory
committee, preparing annual budgets, writing and presenting annual reports. The office
of the executive office director shall consist of a director or manager and adequate staff
to perform all duties assigned by the nhildFeR'c SeFV'Ges adyisoFy nnmmittee provided for
under this part.
Section 103.31. - Procedures handbook.
The procedure handbook shall be adopted by the board of county commissioners by
resolution, which sets out the operating procedures of the children's services advisory
committee.
Section 4. 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.
Section 5. 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 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 9. Effective Date.
This ordinance was advertised in the Indian River Press Journal on the 29 day of
April , 2022, for a public hearing to be held on the 10th day of May, 2022, which
was continued until the 171h of May, 2022, at which time it was moved for adoption by
Commissioner Adams , seconded by Commissioner o' Bryan and
adopted by the following vote:
Chairman Peter D. O'Bryan
AYE
Vice Chairman Joseph H. Earman
AYE
Commissioner Susan Adams
AYE
Commissioner Joseph E. Flescher
AYE
Commissioner Laura Moss
AYE
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ORDINANCE NO. 2022-00 7
The Chairman thereupon declared the ordinance duly passed and adopted this 17 day
of May , 2022.
v;Nnnissio^� ••,•
4
BOARD OF TY s*'�
COMMISSIONERS OF INDIAN •�
COUNTY, FLORIDA ` a
By: k 1�1
Peter D. O'Bryan, Chairma
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
By: 4"wj/c)— —
Dept#y Clerk
This Ordinance was filed with the Department of State on the i4f-h day of�1_ a!, 2022.
APPROVED AS TO FORM
A dD LEGAL SUFMCiENC`r'
BY
DYLAN REI G011_D
COUNTY ATTORNEY
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